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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Reported in Senate (RS)]

                                                       Calendar No. 672
108th CONGRESS
  2d Session
                                S. 2773

                          [Report No. 108-314]

 To provide for the consideration and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            August 25, 2004

    Mr. Inhofe, from the Committee on Environment and Public Works, 
 reported under authority of the order of the Senate of July 22, 2004, 
  the following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 To provide for the consideration 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                      TITLE I--GENERAL PROVISIONS

Sec. 1001. Credit for in-kind contributions.
Sec. 1002. Interagency and international support authority.
Sec. 1003. Training funds.
Sec. 1004. Recreation user fees.
Sec. 1005. Corps of Engineers River Stewardship Commission.
Sec. 1006. Improvement of water management at Corps of Engineers 
                            reservoirs.
Sec. 1007. Fiscal transparency report.
Sec. 1008. Planning.
Sec. 1009. Water Resources Planning Council.
Sec. 1010. Independent reviews.
Sec. 1011. Fish and wildlife mitigation.
Sec. 1012. Agreements for water resource projects.
Sec. 1013. State technical assistance.
Sec. 1014. Access to water resource data.
                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

                           Chapter 1--Studies

Sec. 2001. McClellan-Kerr Arkansas River Navigation Channel.
                      subchapter a--authorizations
Sec. 2101. Deep Crsubchapter b--project modifications
Sec. 2111. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 2112. Larkspur Ferry Channel, California.
Sec. 2113. Redwood City navigation project, California.
Sec. 2114. St. George's Bridge, Delaware.
Sec. 2115. Chicago River, Illinois.
Sec. 2116. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 2117. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 2118. Cooper River bridge demolition, Charleston, South Carolina.
Sec. 2119. Plant Replacement and Improvement Program, Corps of 
                            Engineers Charleston District Equipment and 
                            Storage Yard, South Carolina.
Sec. 2120. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 2121. McNary Lock and Dam, McNary National Wildlife Refuge, 
                            Washington and Idaho.
Sec. 2122. Snake River Project, Washington and Idaho.
Sec. 2123. Marmet Lock, Kanawha River, West Virginia.
Sec. 2124. Enhanced navigation capacity improvements and ecosystem 
                            restoration plan for the Upper Mississippi 
                            River and Illinois Waterway System.
Sec. 2125. Lower Mississippi River Museum and Riverfront Interpretive 
                            Site.
Sec. 2126. Pilot program, Middle Mississippi River.
                  Chapter 3--Project Deauthorizations

Sec. 2141. Inland waterway from Delaware River to Chesapeake Bay, Part 
                            II, installation of fender protection for 
                            bridges, Delaware and Maryland.
Sec. 2142. Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia.
Sec. 2143. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, 
                            Louisiana.
Sec. 2144. Eisenhower and Snell Locks, New York.
Sec. 2145. Red River Waterway, Shreveport, Louisiana to Daingerfield, 
                            Texas.
Sec. 2146. Schuylkill River, Pennsylvania.
Sec. 2147. Lake of the Pines, Texas.
Sec. 2148. Tennessee Colony Lake, Texas.
Sec. 2149. City Waterway, Tacoma, Washington.
                     Subtitle B--Ports and Harbors

               Chapter 1--Continuing Authorities Programs

Sec. 2201. Navigation enhancements for waterbourne transportation.
                           Chapter 2--Studies

Sec. 2211. National port study.
                      subchapter a--authorizations
Sec. 2221. Akutan Harbor, Akutan, Alaska.
Sec. 2222. Haines Small Boat Harbor, Haines, Alaska.
Sec. 2223. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 2224. Unalaska Small Boat Harbor, Unalaska, Alaska.
Sec. 2225. Miami Harbor, Miami, Florida.
Sec. 2226. Port of Iberia, Louisiana.
Sec. 2227. Corpus Chrisubchapter b--modificationsristi, Texas.
Sec. 2241. Sitka, Alaska.
Sec. 2242. LA-3 dredged material ocean disposal site designation, 
                            California.
Sec. 2243. Conditional declaration of nonnavigability, Port of San 
                            Francisco, California.
Sec. 2244. Charles Hervey Townshend Breakwater, New Haven Harbor, 
                            Connecticut.
Sec. 2245. Anchorage area, New London Harbor, Connecticut.
Sec. 2246. Norwalk Harbor, Connecticut.
Sec. 2247. Jacksonville Harbor, Florida.
Sec. 2248. South Carolina Department of Commerce development proposal 
                            at Richard B. Russell Lake, South Carolina.
Sec. 2249. Port of Lewiston, Idaho.
Sec. 2250. Chicago River and Harbor, Chicago, Illinois.
Sec. 2251. Camp Ellis, Saco, Maine.
Sec. 2252. Union River, Maine.
Sec. 2253. Duluth Harbor, Minnesota.
Sec. 2254. New York Harbor, New York, New York.
Sec. 2255. Toussaint River Navigation Project, Carroll Township, Ohio.
Sec. 2256. Essayons and Yaquina dredges, Oregon.
Sec. 2257. Cedar Bayou, Texas.
Sec. 2258. Gulf Intracoastal Waterway, Brazos River to Port O'Connor, 
                            Texas.
Sec. 2259. Gulf Intracoastal Waterway, High Island to Brazos River, 
                            Texas.
Sec. 2260. Tangier Island Seawall, Virginia.
Sec. 2261. Lower Gransubchapter c--deauthorizations
Sec. 2271. Bridgeport Harbor, Connecticut.
Sec. 2272. Muscatine Harbor, Iowa.
Sec. 2273. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 2274. Northeast Harbor, Maine.
Sec. 2275. Tenants Harbor, Maine.
Sec. 2276. Grand Haven Harbor, Michigan.
Sec. 2277. Greenville Harbor, Mississippi.
Sec. 2278. New York Harbor and adjacent channels, Claremont Terminal, 
                            Jersey City, New Jersey.
Sec. 2279. Olcott Harbor, Lake Ontario, New York.
Sec. 2280. Outer Harbor, Buffalo, New York.
Sec. 2281. Manteo Bay, North Carolina.
Sec. 2282. Cleveland Harbor 1958 Act, Ohio.
Sec. 2283. Cleveland Harbor 1960 Act, Ohio.
Sec. 2284. Cleveland Harbor, Uncompleted Portion of Cut #4, Ohio.
Sec. 2285. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 2286. Delaware River, Philadelphia, Pennsylvania to Trenton, New 
                            Jersey.
Sec. 2287. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 2288. Quonset Point-Davisville, Rhode Island.
          TITLE III--FLOOD AND COASTAL STORM DAMAGE REDUCTION

                   Subtitle A--Flood Damage Reduction

                     Chapter 1--General Provisions

Sec. 3001. Construction of flood control projects by non-Federal 
                            interests.
               Chapter 2--Continuing Authorities Programs

Sec. 3101. Protection and restoration due to emergencies at shores and 
                            streambanks.
                           Chapter 3--Studies

Sec. 3201. Nicholas Canyon, Los Angeles, California.
Sec. 3202. Comprehensive flood protection project, St. Helena, 
                            California.
Sec. 3203. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman 
                            Island, California.
Sec. 3204. South San Francisco Bay shoreline study, California.
Sec. 3205. Lake Erie at Luna Pier, Michigan.
Sec. 3206. Middle Bass Island State Park, Middle Bass Island, Ohio.
                      subchapter a--authorizations
Sec. 3301. Tanque Verde Creek Project, Pima County, Arizona.
Sec. 3302. Hamilton City, California.
Sec. 3303. Middle Creek, Lake County, California.
Sec. 3304. Indian River Lagoon, South Florida.
Sec. 3305. Picayune Strand ecosystem restoration, Collier County, 
                            Florida.
Sec. 3306. Swope Park Industrial Area, Missouri.
Sec. 3307. Southwest Vsubchapter b--modificationsico.
Sec. 3311. St. Francis Basin, Arkansas and Missouri.
Sec. 3312. Augusta and Clarendon, Arkansas.
Sec. 3313. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3314. Red-Ouachita River Basin, Arkansas and Louisiana.
Sec. 3315. Cache Creek Basin, California.
Sec. 3316. Llagas Creek, California.
Sec. 3317. Magpie Creek, California.
Sec. 3318. Sacramento and American Rivers flood control, California.
Sec. 3319. Upper Guadalupe River, California.
Sec. 3320. Yuba River Basin project, California.
Sec. 3321. Dworshak Reservoir improvements, Idaho.
Sec. 3322. Little Wood River, Gooding, Idaho.
Sec. 3323. Cache River Levee, Illinois.
Sec. 3324. Missouri and Illinois flood protection projects 
                            reconstruction pilot program.
Sec. 3325. Spunky Bottom, Illinois.
Sec. 3326. Cumberland, Maryland.
Sec. 3327. Land exchange, Pike County, Missouri.
Sec. 3328. Lake Girard Lake Dam, Ohio.
Sec. 3329. University of Oregon Museum of Natural History, Oregon.
Sec. 3330. Tioga Township, Pennsylvania.
Sec. 3331. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3332. Nonconnah Weir, Memphis, Tennessee.
Sec. 3333. Harris County, Texas.
Sec. 3334. Chehalis River, Centralia, Washington.
Sec. 3335. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3336. Lower Mud subchapter c--deauthorizations
Sec. 3341. Little Cove Creek, Glencoe, Alabama.
Sec. 3342. Winslow, Arizona.
Sec. 3343. Goleta and Vicinity, California.
Sec. 3344. Shingle Creek Basin, Florida.
Sec. 3345. Brevoort, Indiana.
Sec. 3346. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 3347. Lake George, Hobart, Indiana.
Sec. 3348. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 3349. Eagle Creek Lake, Kentucky.
Sec. 3350. Hazard, Kentucky.
Sec. 3351. Taylorsville Lake, Kentucky.
Sec. 3352. West Kentucky Tributaries, Kentucky.
Sec. 3353. Bayou Cocodrie and Tributaries, Louisiana.
Sec. 3354. Eastern Rapides and South-Central Avoyelles Parishes, 
                            Louisiana.
Sec. 3355. Platte River Flood and Related Streambank Erosion Control, 
                            Nebraska.
Sec. 3356. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 3357. Parker Lake, Muddy Boggy Creek, Oklahoma.
Sec. 3358. Chartiers Creek, Cannonsburg (Houston Reach Unit 2B), 
                            Pennsylvania.
Sec. 3359. Tioga-Hammond Lakes, Pennsylvania.
Sec. 3360. Tamaqua, Pennsylvania.
Sec. 3361. Arroyo Colorado, Texas.
Sec. 3362. Cypress Creek-Structural, Texas.
Sec. 3363. East Fork Channel Improvement, Increment 2, East Fork of the 
                            Trinity River, Texas.
Sec. 3364. Falfurrias, Texas.
Sec. 3365. Pecan Bayou Lake, Texas.
Sec. 3366. Kanawha River, Charleston, West Virginia.
               Subtitle B--Coastal Storm Damage Reduction

                     Chapter 1--General Provisions

Sec. 3401. Shore protection and beach renourishment projects.
Sec. 3402. Regional sediment management.
Sec. 3403. National shoreline erosion control development and 
                            demonstration program.
Sec. 3404. Shore protection projects.
                           Chapter 2--Studies

Sec. 3411. Oceanside, California, shoreline special study.
                      subchapter a--authorizations
Sec. 3421. Coastal Louisiana ecosystem protection and restoration.
Sec. 3422. Morganza, Louisiana to the Gulf of Mexico.
Sec. 3423. New Jersey Shore protection, Manasquan Inlet to Barnegat 
                            Inlet, New Jersey.
Sec. 3424. South River, New Jersey.
Sec. 3425. Montauk Point, New York.
Sec. 3426. Coastal wetsubchapter b--modificationsunding.
Sec. 3431. Imperial Beach, California.
Sec. 3432. Lido Key Beach, Sarasota, Florida.
Sec. 3433. Orchard Besubchapter c--deauthorizations
Sec. 3441. Fort Livingston, Grand Terre Island, Louisiana.
 TITLE IV--ECOSYSTEM RESTORATION AND ENVIRONMENTAL REMEDIATION PROGRAM

                   Subtitle A--Ecosystem Restoration

                     Chapter 1--General Provisions

Sec. 4001. Cost sharing for monitoring.
Sec. 4002. Ecosystem restoration benefits.
Sec. 4003. Great Lakes Interagency Task Force.
               Chapter 2--Continuing Authorities Programs

Sec. 4101. Restoration of the environment for protection of aquatic and 
                            riparian ecosystems program.
Sec. 4102. Environmental modification of projects for improvement and 
                            restoration of ecosystems program.
Sec. 4103. Projects to enhance estuaries and coastal habitats.
                   subchapter a--study authorizations
Sec. 4201. Lake Champlain Canal study, Vermont and New York.
Sec. 4202. Eurasiansubchapter b--study modifications
Sec. 4211. San Pablo Bay watershed restoration, California.
                      subchapter a--authorizations
Sec. 4301. Matilija Dam, Ventura County, California.
Sec. 4302. Napa River Salt Marsh, California.
Sec. 4303. Pine Flat Dam fish and wildlife habitat, California.
Sec. 4304. Salton Sea restoration, California.
Sec. 4305. South Platte River, Denver, Colorado.
Sec. 4306. Chicago Sanitary and Ship Canal dispersal barriers project, 
                            Illinois.
Sec. 4307. Smith Island, Maryland.
Sec. 4308. Upper Connecticut River Basin ecosystem restoration, New 
                            Hampshire and Vermont.
Sec. 4309. Upper Connecticut River Basin wetland restoration, New 
                            Hampshire and Vermont.
Sec. 4310. Jamaica Bay, Marine Park and Plumb Beach, Queens and 
                            Brooklyn, New York.
Sec. 4311. Long Island Sound oyster restoration, New York and 
                            Connecticut.
Sec. 4312. Upper Willamette River watershed ecosystem restoration, 
                            Oregon.
Sec. 4313. Riverside Oxbow, Fort Worth, Texas.
Sec. 4314. Connecticutsubchapter b--modifications
Sec. 4321. Hamilton Airfield, California.
Sec. 4322. Allatoona Lake, Georgia.
Sec. 4323. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, 
                            and West Virginia.
Sec. 4324. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 4325. Onondaga Lake, New York.
Sec. 4326. Missouri River restoration, North Dakota.
Sec. 4327. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 4328. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
                            terrestrial wildlife habitat restoration, 
                            South Dakota. 
Sec. 4329. Missouri River restoration, South Dakota.
Sec. 4330. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 4331. Lake Champlain Eurasian milfoil and water chestnut control, 
                            Vermont.
Sec. 4332. Lake Champlain Watershed, Vermont and New York.
Sec. 4333. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 4334. Lakes program.
Sec. 4335. Estuary resubchapter c--deauthorizations
Sec. 4351. Dog River Pilot Project, Alabama.
Sec. 4352. Central and Southern Florida, Everglades National Park, 
                            Florida.
                 Subtitle B--Environmental Remediation

               Chapter 1--Continuing Authorities Programs

Sec. 4401. Remediation of abandoned mine sites.
                        Chapter 2--Modifications

Sec. 4411. Environmental remediation, Front Royal, Virginia.
                TITLE V--WATER STORAGE AND WATER QUALITY

                   Subtitle A--Water Storage Program

               Chapter 1--Continuing Authorities Programs

Sec. 5101. Small projects for the rehabilitation or removal of dams.
                           Chapter 2--Studies

Sec. 5201. Selenium study, Colorado.
                      subchapter a--modifications
Sec. 5301. Union Lake, Missouri.
Sec. 5302. Fort Peck Fish Hatchery, Montana.
Sec. 5303. Arcadia Lake, Oklahoma.
Sec. 5304. Waurika Lake, Oklahoma.
Sec. 5305. Dam remediation, Vermont.
Sec. 5306. Mississippsubchapter b--deauthorizations
Sec. 5321. Big South Fork National River and Recreational Area, 
                            Kentucky and Tennessee.
                       Subtitle B--Water Quality

                     Chapter 1--General Provisions

Sec. 5401. Funding to expedite the evaluation and processing of 
                            permits.
Sec. 5402. Electronic submission of permit applications.
                 Chapter 2--Deauthorization of Projects

Sec. 5421. Bridgeport, Connecticut.
Sec. 5422. Hartford, Connecticut.
Sec. 5423. New Haven, Connecticut.
Sec. 5424. Casco Bay, Portland, Maine.
Sec. 5425. Penobscot River, Bangor, Maine.
Sec. 5426. Saint John River Basin, Maine.
Sec. 5427. Epping, New Hampshire.
Sec. 5428. Manchester, New Hampshire.
                Subtitle C--Watershed Planning Programs

Sec. 5451. Delmarva Conservation Corridor, Delaware and Maryland.
Sec. 5452. Susquehanna, Delaware, and Potomac River Basins, Delaware, 
                            Maryland, Pennsylvania, and Virginia.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

                      TITLE I--GENERAL PROVISIONS

SEC. 1001. CREDIT FOR IN-KIND CONTRIBUTIONS.

    Section 103(j) of the Water Resources Development Act of 1986 (33 
U.S.C. 2213(j)) is amended by adding at the end the following:
            ``(3) Credit for in-kind contributions.--
                    ``(A) In general.--An agreement under paragraph (1) 
                shall provide that the Secretary shall credit toward 
                the non-Federal share of the cost of the project, 
                including a project implemented under general 
                continuing authority, the value of in-kind 
                contributions made by the non-Federal interest, 
                including--
                            ``(i) the costs of planning (including data 
                        collection), design, management, mitigation, 
                        construction, and construction services that 
                        are provided by the non-Federal interest for 
                        implementation of the project; and
                            ``(ii) the value of materials or services 
                        provided before execution of an agreement for 
                        the project, including--
                                    ``(I) efforts on constructed 
                                elements incorporated into the project; 
                                and
                                    ``(II) materials and services 
                                provided after an agreement is 
                                executed.
                    ``(B) Condition.--The Secretary shall credit an in-
                kind contribution under subparagraph (A) if the 
                Secretary determines that the property or service 
                provided as an in-kind contribution is integral to the 
                project.
                    ``(C) Limitations.--Credit authorized for a 
                project--
                            ``(i) shall not exceed the non-Federal 
                        share of the cost of the project;
                            ``(ii) shall not alter any other 
                        requirement that a non-Federal interest provide 
                        land, an easement or right-of-way, or an area 
                        for disposal of dredged material for the 
                        project; and
                            ``(iii) shall not exceed the actual and 
                        reasonable costs of the materials, services, or 
                        other things provided by the non-Federal 
                        interest, as determined by the Secretary.''.

SEC. 1002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    (a) Support Authority.--Section 234 of the Water Resources 
Development Act of 1996 (33 U.S.C. 2323a) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary may engage in activities 
(including contracting) in support of other Federal agencies, 
international organizations, or foreign governments to address problems 
of national significance to the United States.'';
            (2) in subsection (b), by striking ``Secretary of State'' 
        and inserting ``Department of State''; and
            (3) in subsection (d), by striking ``$250,000 for fiscal 
        year 2001'' and inserting ``$1,000,000 for fiscal year 2005''.
    (b) Necessary Services.--The Secretary may provide necessary 
services for projects and activities for each of the following 
locations:
            (1) Lake Wappanoca, Arkansas.
            (2) Arkansas Valley Conduit, Colorado.
            (3) Egmont Key, Florida.
            (4) Wind River Irrigation Project, Wyoming.

SEC. 1003. TRAINING FUNDS.

    (a) In General.--The Secretary may include individuals from the 
private sector in training classes and courses offered by the Corps of 
Engineers in any case in which the Secretary determines that it is in 
the best interest of the Federal Government to include those 
individuals as participants.
    (b) Expenses.--
            (1) In general.--An individual from the private sector 
        attending a training class or course described in subsection 
        (a) shall pay the full cost of the training provided to the 
        individual.
            (2) Payments.--Payments made by an individual for training 
        received under paragraph (1), up to the actual cost of the 
        training--
                    (A) may be retained by the Secretary;
                    (B) shall be credited to an appropriation or 
                account used for paying training costs; and
                    (C) shall be available for use by the Secretary, 
                without further appropriation, for training purposes.
            (3) Excess amounts.--Any payments received under paragraph 
        (2) that are in excess of the actual cost of training provided 
        shall be credited as miscellaneous receipts to the Treasury of 
        the United States.

SEC. 1004. RECREATION USER FEES.

    Section 225 of the Water Resources Development Act of 1999 (16 
U.S.C. 460l-6a note; Public Law 106-53) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``During fiscal years 1999 
                        through 2002, the'' and inserting ``The''; and
                            (ii) by striking ``above a baseline of 
                        $34,000,000 per each fiscal year''; and
                    (B) in paragraph (3), by striking ``September 30, 
                2005'' and inserting ``expended'';
            (2) in subsection (b)--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) planning.'';
            (3) in subsection (c)--
                    (A) by striking ``Each'' and inserting ``Eighty 
                percent of each''; and
                    (B) by striking ``at the specific project from 
                which the amount, above baseline,'' and inserting ``by 
                the District of the Corps of Engineers from which the 
                amount''; and
            (4) by adding at the end the following:
    ``(d) Recreation User Fee Program.--
            ``(1) In general.--The Secretary shall carry out a 
        recreation user fee program to attempt to recover from users 
        the costs of operating and maintaining recreation areas or 
        sites on project land.
            ``(2) Admission and user fees.--
                    ``(A) In general.--In carrying out the program, the 
                Secretary shall charge and collect fees, in an amount 
                determined under subparagraph (B), for--
                            ``(i) admission to the recreation area or 
                        site by individuals or groups; or
                            ``(ii) the use of outdoor recreation sites, 
                        facilities, visitor centers, equipment, and 
                        services by individuals and groups.
                    ``(B) Amount.--The Secretary shall determine the 
                amount of fees charged and collected under subparagraph 
                (A), which, to maximize the recreation benefits of the 
                projects, shall be based on the fair market value of 
                the admission or use.
                    ``(C) Contract.--The Secretary may--
                            ``(i) enter into a contract (including a 
                        contract that provides for reasonable 
                        commissions) with any public or private entity 
                        to provide visitor services for the recreation 
                        area or site, including taking reservations and 
                        providing information on the recreation area or 
                        site; and
                            ``(ii) accept the services of volunteers to 
                        collect the fees charged under subparagraph 
                        (A).
            ``(3) Leases.--
                    ``(A) In general.--The Secretary shall charge and 
                collect rents for any lease entered into between the 
Secretary and a non-Federal entity relating to project land.
                    ``(B) Term.--A lease entered into under 
                subparagraph (A)--
                            ``(i) shall be for an initial period of not 
                        more than 25 years; and
                            ``(ii) may be renewed for an additional 25-
                        year term.
                    ``(C) Termination.--A lease entered into under 
                subparagraph (A) shall provide that the lease shall be 
                terminated if the Secretary determines that the project 
                land subject to the lease has not been used by the non-
                Federal entity for recreation or any other purpose 
                specified in the lease.
                    ``(D) Payments in lieu of taxes.--Land leased to 
                non-Federal entities for recreational purposes shall be 
                subject to chapter 69 of title 31, United States Code.
            ``(4) Other fees.--Fees charged and collected under this 
        section shall be in lieu of fees charged under any other 
        provision of law.''.

SEC. 1005. CORPS OF ENGINEERS RIVER STEWARDSHIP COMMISSION.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Corps of 
        Engineers River Stewardship Commission established under 
        subsection (b)(1).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Establishment of Commission.--
            (1) In general.--There is established a commission to be 
        known as the ``Corps of Engineers River Stewardship 
        Commission''.
            (2) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 23 members, consisting of--
                            (i) 20 members, including 5 members 
                        appointed by each of the Majority Leader and 
                        Minority Leader of the Senate and the Speaker 
                        and Minority Leader of the House of 
                        Representatives, that--
                                    (I) represent the various interests 
                                of the public; and
                                    (II) include individuals 
                                representing--
                                            (aa) environmental groups;
                                            (bb) the hydroelectric 
                                        power industry;
                                            (cc) recreation user 
                                        groups;
                                            (dd) flood control 
                                        interests;
                                            (ee) navigation interests;
                                            (ff) State governments, 
                                        including wildlife and natural 
                                        resource agencies;
                                            (gg) Indian tribal 
                                        governments; and
                                            (hh) other affected 
                                        interests;
                            (ii) the Administrator of the Environmental 
                        Protection Agency;
                            (iii) the Assistant Secretary of the Army 
                        for Civil Works; and
                            (iv) the Director of the United States Fish 
                        and Wildlife Service.
                    (B) Date of appointments.--The appointment of a 
                member of the Commission shall be made not later than 
                90 days after the date of enactment of this Act.
            (3) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life 
                of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--
                    (A) In general.--The Commission shall select a 
                Chairperson and Vice Chairperson from among the members 
                of the Commission.
                    (B) No corps representative.--The Chairperson and 
                the Vice Chairperson shall not be representatives of 
                the Department of the Army (including the Corps of 
                Engineers).
    (c) Investigation of Corps of Engineers.--Not later than 2 years 
after the date of enactment of this Act, the Commission shall complete 
an investigation and submit to Congress a report on the management of 
rivers in the United States by the Corps of Engineers, with emphasis 
on--
            (1) compliance with environmental laws in the design and 
        operation of river management projects, including--
                    (A) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (D) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
            (2) compliance with the cultural resource laws that protect 
        Native American graves, traditional cultural properties, and 
        Native American sacred sites in the design and operation of 
        river management projects, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (D) Executive Order No. 13007 (61 Fed. Reg. 26771; 
                relating to Indian sacred sites);
                    (E) identification of opportunities for developing 
                tribal cooperative management agreements for erosion 
                control, habitat restoration, cultural resource 
                protection, and enforcement;
                    (F) review of policy and guidance concerning 
                nondisclosure of sensitive information on the 
                character, nature, and location of traditional cultural 
                properties and sacred sites; and
                    (G) review of the effectiveness of government-to-
                government consultation by the Corps of Engineers with 
                Indian tribes and members of Indian tribes in cases in 
                which the river management functions and activities of 
                the Corps of Engineers affect Indian land and Native 
                American natural and cultural resources;
            (3) the quality and objectivity of scientific, 
        environmental, and economic analyses by the Corps of Engineers, 
        including--
                    (A) the use of independent reviewers of analyses 
                performed by the Corps of Engineers; and
                    (B) the implementation of recommendations made by 
                those reviewers;
            (4) the extent of coordination and cooperation by the Corps 
        of Engineers with Federal and State agencies (such as the 
        United States Fish and Wildlife Service) and Indian tribes in 
        carrying out river management responsibilities, including the 
        implementation of any recommendations of those agencies and 
        Indian tribes;
            (5) the extent to which river management studies conducted 
        by the Corps of Engineers fairly and effectively balance the 
        goals of public and private interests, such as wildlife, 
        recreation, navigation, and hydropower interests;
            (6) whether river planning laws (including regulations) 
        should be amended; and
            (7) whether the river management functions of the Corps of 
        Engineers should be transferred from the Department of the Army 
        to a Federal civilian agency.
    (d) Powers.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal department or agency such information as 
                the Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the 
                department or agency shall provide the information to 
                the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    (e) Commission Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as are necessary to enable the Commission to perform 
                the duties of the Commission.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Commission 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Compensation.--The rate of pay for the 
                        executive director and other personnel shall be 
                        an appropriate amount commensurate with 
                        experience, but may not exceed the rate payable 
                        for level V of the Executive Schedule under 
                        section 5316 of title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2005 through 2007, to remain available until expended.
    (g) Termination of Commission.--The Commission shall terminate--
            (1) on the date on which the Commission submits to Congress 
        the report under subsection (c); or
            (2) if the Commission fails to submit the report under 
        subsection (c) by the date specified in that subsection, on the 
        date that is 60 days after the date on which the report is due 
        under that subsection.

SEC. 1006. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF ENGINEERS 
              RESERVOIRS.

    (a) In General.--As part of the operation and maintenance, by the 
Corps of Engineers, of reservoirs in existence as of the date of 
enactment of this Act, the Secretary shall carry out measures to more 
effectively and efficiently meet the water resource needs of areas 
affected by the reservoirs.
    (b) Cooperation.--The Secretary shall carry out the measures in 
cooperation and coordination with States, tribal governments, and local 
governments.
    (c) Measures.--In carrying out this section, the Secretary may--
            (1) conduct studies to identify unused or additional water 
        storage capacity at reservoirs;
            (2) review operational plans and implement changes to 
        improve water storage capacity and delivery to users;
            (3) improve data collection systems and forecast models 
        that enhance storage and delivery; and
            (4) conduct sediment studies and implement sediment 
        management or removal measures.
    (d) Revenues.--
            (1) In general.--All revenues collected in connection with 
        reservoirs operated by the Corps of Engineers for navigation, 
        flood control, or multiple purpose projects, except revenues 
        collected for the purpose of recreation, shall be credited to 
        the revolving fund established under section 101 of the Civil 
        Functions Appropriations Act, 1954 (33 U.S.C. 701b-10).
            (2) Availability.--
                    (A) District from which revenue is received.--
                            (i) In general.--Subject to clause (ii), 80 
                        percent of the revenue received from each 
                        District of the Corps of Engineers shall be 
                        available for defraying the costs of planning, 
                        operation, maintenance, replacements, and 
                        upgrades of, and emergency expenditures for, 
                        all facilities of the Corps of Engineers 
                        projects within that District.
                            (ii) Source of payments.--With respect to 
                        each activity described in clause (i), costs of 
                        planning, operation, maintenance, replacements, 
                        and upgrades of facilities of the Corps of 
                        Engineers for the project shall be paid from 
                        available revenues received from the project.
                    (B) Agency-wide.--20 percent of the revenue 
                received from each District of the Corps of Engineers 
                shall be available agency-wide for defraying the costs 
                of planning, operation, maintenance, replacements, and 
                upgrades of, and emergency expenditures for, all Corps 
                of Engineers projects.
            (3) Costs of water supply storage.--In the case of a 
        reservoir operated or maintained by the Corps of Engineers on 
        the date of enactment of this Act, the storage charge for a 
        future contract or contract renewal for water supply storage at 
        the reservoir shall not exceed the net change in receipts or 
        outlays to the Treasury due to the reallocation of storage.
    (e) Hydroelectric Maintenance Fees.--Power marketing administrators 
(other than the administrator of the Bonneville Power Administration) 
receiving electricity from projects operated by the Corps of Engineers 
shall pay 0.22 cents per kilowatt-hour as reimbursement for the 
operation and maintenance expense associated with the project during 
the period of fiscal years 2005 through 2010.
    (f) Study.--On September 1, 2009, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that--
            (1) details the estimated cost of operation and maintenance 
        associated with hydroelectric facilities; and
            (2) recommends an appropriate reimbursement rate calculated 
        on a per-kilowatt basis.

SEC. 1007. FISCAL TRANSPARENCY REPORT.

    (a) In General.--On the third Tuesday of January of each year 
beginning January 18, 2005, the Chief of Engineers shall submit to the 
Committee of Environment and Public Works of the Senate and the 
Transportation and Infrastructure Committee of the House of 
Representatives a report on the expenditures for the preceding fiscal 
year and estimated expenditures for the current fiscal year.
    (b) Contents.--In addition to the information described in 
subsection (a), the report shall contain a detailed accounting of the 
following information:
            (1) With respect to general construction, information on--
                    (A) projects currently under construction, 
                including--
                            (i) allocations to date;
                            (ii) the number of years remaining to 
                        complete construction;
                            (iii) the estimated annual Federal cost to 
                        maintain that construction schedule; and
                            (iv) a list of projects the Corps of 
                        Engineers expects to complete during the 
                        current fiscal year; and
                    (B) projects for which there is a signed cost-
                sharing agreement and completed planning, engineering, 
                and design, including--
                            (i) the number of years the project is 
                        expected to require for completion; and
                            (ii) estimated annual Federal cost to 
                        maintain that construction schedule.
            (2) With respect to operation and maintenance of the inland 
        and intracoastal waterways under section 206 of Public Law 95-
        502 (33 U.S.C. 1804)--
                    (A) the estimated annual cost to maintain each 
                waterway for the authorized reach and at the authorized 
                depth; and
                    (B) the estimated annual cost of operation and 
                maintenance of locks and dams to ensure navigation 
                without interruption.
            (3) With respect to general investigations and 
        reconnaissance and feasibility studies--
                    (A) the number of active studies;
                    (B) the number of completed studies not yet 
                authorized for construction;
                    (C) the number of initiated studies; and
                    (D) the number of studies expected to be completed 
                during the fiscal year.
            (4) Funding received and estimates of funds to be received 
        for interagency and international support activities under 
        section 318(a) of the Water Resources Development Act of 1990 
        (33 U.S.C. 2323(a)).
            (5) Recreation fees and lease payments.
            (6) Hydropower and water supply fees.
            (7) Deposits into the Inland Waterway Trust Fund and the 
        Harbor Maintenance Trust Fund.
            (8) Other revenues and fees collected.
            (9) With respect to permit applications and notifications, 
        a list of individual permit applications and nationwide permit 
        notifications, including--
                    (A) the date on which each permit application is 
                filed;
                    (B) the date on which each permit application is 
                determined to be complete; and
                    (C) the date on which the Corps of Engineers 
                grants, withdraws, or denies each permit.
            (10) With respect to the project backlog, a list of 
        authorized projects for which no funds have been allocated for 
        the 5 preceding fiscal years, including, for each project--
                    (A) the authorization date;
                    (B) the last allocation date;
                    (C) the percentage of construction completed;
                    (D) the estimated cost remaining until completion 
                of the project; and
                    (E) a brief explanation of the reasons for the 
                delay.

SEC. 1008. PLANNING.

    (a) Matters To Be Addressed in Planning.--Section 904 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2281) is amended by adding 
at the end the following: ``The Secretary shall also assess whether the 
water resources project and each project increment is cost-effective 
and whether the water resource project complies with local, State, and 
national laws, regulations, and public policies.''.
    (b) Feasibility Reports.--Section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) is amended--
            (1) in subsection (a), by inserting before ``This 
        subsection shall not apply'' the following: ``The Secretary 
        shall, in collaboration with the Water Resources Planning 
        Council, revise the planning guidelines, regulation, and 
        circulars of the Corps of Engineers not later than 18 months 
        after the date of enactment of the Water Resources Development 
        Act of 2004 and once every 5 years thereafter to improve the 
        analysis of water resources projects, including the integration 
        of new and existing analytical techniques that properly reflect 
        the probability of project benefits and costs.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Cost-Benefit Analysis.--A feasibility study shall include an 
analysis of the benefits and costs, both quantified and unquantified, 
which analysis shall--
            ``(1) identify areas of risk and uncertainty in the 
        analysis;
            ``(2) clearly describe the degree of reliability of the 
        estimated benefits and costs of the effectiveness of 
        alternative plans, including an assessment of the credibility 
        of the project construction schedule as the schedule affects 
        the estimated benefits and costs;
            ``(3) identify local, regional, and national economic costs 
        and benefits;
            ``(4) identify environmental costs and benefits, including 
        the costs and benefits of protecting or degrading natural 
        systems;
            ``(5) identify social costs and benefits, including a risk 
        analysis regarding potential loss of life that may result from 
        flooding and storm damage;
            ``(6) identify cultural and historical costs and benefits;
            ``(7) exclude from the estimate of benefits and costs any 
        increase in direct Federal payments or subsidies;
            ``(8) exclude as a benefit--
                    ``(A) any increase in direct Federal payments or 
                subsidies; and
                    ``(B) any project benefit attributable to any 
                change in, or intensification of, land use arising from 
                the draining, reduction, or elimination of wetlands; 
                and
            ``(9) apply a discount rate consistent with that used by 
        other Federal agencies for water resource projects.''.
    (c) Duration.--Section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:
    ``(f) Duration.--The duration of a feasibility study shall normally 
be not more than 2 years, but in no case may be longer than 3 years.''.

SEC. 1009. WATER RESOURCES PLANNING COUNCIL.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish within the 
        civil works function of the Department of the Army a Water 
        Resources Planning Council (referred to in this section as the 
        ``Council'') to integrate planning policies that guide the use 
        of economics, environmental, engineering, scientific, and 
        technical information to support the recommendations of the 
        Chief of Engineers for implementation of water resources 
        projects including peer review of such information.
            (2) Advisory role.--The Council shall advise the Chief of 
        Engineers in addressing concerns that may arise regarding the 
        integration of policy and science in decisionmaking.
            (3) Membership.--The Council shall be comprised of 
        representatives of the following:
                    (A) Non-Federal interests from various water 
                resource project purposes.
                    (B) States resource agencies.
                    (C) The Department of Interior.
                    (D) The Department of Agriculture.
                    (E) The Council on Environmental Quality.
    (b) Duties.--The Council shall have the following duties:
            (1) Providing technical and managerial assistance to 
        district engineers for project planning, development, and 
        implementation.
            (2) Providing independent peer reviews of new major 
        scientific, engineering, or economic methods, models or 
        analyses that will be used to support decisions of the 
        Secretary with respect to feasibility studies.
            (3) Performing such other duties as prescribed by the 
        Secretary.
    (c) Water Resources Planning Process Improvements.--The Council 
shall--
            (1) identify, review, and certify all critical methods, 
        models and procedures used in the Corps of Engineers planning 
        process to formulate and evaluate water resources projects;
            (2) identify other existing or new methods, models, or 
        procedures that may enhance the water resources planning 
        process;
            (3) establish a systematic process and define criteria for 
        evaluating and validating the effectiveness and efficiency of 
        all methods, models, and procedures;
            (4) develop and maintain a set of approved methods, models, 
        and procedures to be applied to the water resources planning 
        process across the Corps of Engineers;
            (5) develop and maintain effective systems for technology 
        transfer and support to provide state of the art skills and 
        knowledge to the workforce;
            (6) identify the discrete elements of studies and establish 
        milestones for the resources required to implement elements to 
        improve the timeliness and effectiveness of the water resources 
        planning process;
            (7) develop and maintain procedures for risk analysis for 
        estimating projects costs to ensure accurate cost forecasting 
        and minimize cost overruns; and
            (8) assist the Corps of Engineers in carrying out the 
        improvements.
    (d) Reports to Congress.--The Council shall submit to Congress--
            (1) not later than 2 years after the date of enactment of 
        this Act, a report that includes--
                    (A) the set of approved methods, models, and 
                procedures to be applied to the water resources 
                planning process across the Corps of Engineers; and
                    (B) the milestones developed to measure the 
                timeliness and effectiveness of the water resources 
                planning process; and
            (2) every 5 years thereafter, a report that describes--
                    (A) the effectiveness of the water resources 
                planning process in comparison to the established 
                milestones;
                    (B) any independently peer reviewed changes to the 
                methods, models, and procedures used; and
                    (C) a discussion of any planned changes to the 
                established milestones, including reasons the changes 
                are necessary.
    (e) Federal Advisory Committee Act.--The Council is not subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section at 
full Federal expense.

SEC. 1010. INDEPENDENT REVIEWS.

    (a) Peer Review.--Prior to the submission of a project study or 
report required to be submitted to Congress for authorization, the 
Inspector General of the Army shall convene an independent peer review 
panel (referred to in this section as a ``panel'') that is sufficiently 
broad and diverse to fairly represent the relevant scientific 
perspectives and fields of knowledge.
    (b) Membership.--
            (1) In general.--A panel shall be composed of not less than 
        3 nor more than 7 independent peer reviewers.
            (2) Peer reviewers.--Independent peer reviewers shall 
        neither be employed by the Corps of Engineers nor have 
        participated in development of the work product under review. 
        Independent peer reviewers shall be selected on the basis of 
        necessary technical or scientific expertise, including 
        education and relevant experience, peer recognition, and 
        contributions to the profession. In addition, each independent 
        peer reviewer shall have significant experience in the 
        geographic area or in the type of ecologic conditions in the 
        area being reviewed. The Inspector General of the Army shall 
        not appoint an individual to serve on a panel established under 
        this section for a project if the individual has a financial 
        interest in or close professional association with any entity 
        with a financial interest in the project. The Inspector General 
        of the Army shall consult with the Institute for Water 
        Resources, National Academy of Sciences, American Society of 
        Civil Engineers, and other appropriate academic, scientific, 
        and engineering organizations in developing a list of 
        candidates to serve on panels established under this section.
    (c) Duties.--A panel established for a water resources project 
under this section shall--
            (1) review a project study or report required to be 
        submitted to Congress for authorization for the project;
            (2) assess the adequacy of the economic, scientific, and 
        environmental models used by the Secretary in reviewing the 
        project to ensure that--
                    (A) appropriate and applicable economic and 
                scientific methods of analysis have been used; and
                    (B) the best available economic, scientific, and 
                environmental data have been used;
            (3) address specific technical questions as directed by the 
        Inspector General of the Army; and
            (4) not later than the deadline established under 
        subsection (h), submit to the Secretary a report concerning the 
        economic, engineering, and environmental analyses of the 
        project, including the conclusions of the panel, with respect 
        to the project study or report required to be submitted to 
        Congress for authorization.
    (d) Support From Secretary.--The Secretary shall provide each panel 
with sufficient information (including background information about 
studies or models and public written and oral comments concerning the 
project) to enable the panel to understand the data, analytic 
procedures, and assumptions used to support the findings or conclusions 
of the draft assessment. The Secretary shall provide the panel with any 
other information requested by the panel.
    (e) Public Participation.--The Secretary shall provide written and 
oral comments received from the public concerning a project to the 
panel established for the project under this section.
    (f) Report.--Each panel shall prepare a report that--
            (1) describes the nature of each independent peer review 
        conducted, including findings and conclusions of the panel, 
        with respect to the study or report requiring congressional 
        authorization to proceed; and
            (2) discloses the names, organizational affiliations, and a 
        short paragraph on the credentials and relevant experiences of 
        each independent peer reviewer.
    (g) Response of Secretary to Report.--
            (1) In general.--If the Secretary receives a report under 
        subsection (f) from a panel under this section by the 
        applicable deadline at least 14 days before submitting to 
        Congress a project study or report required to be submitted to 
        Congress for authorization, the Secretary shall take into 
        consideration any recommendations contained in the report under 
        subsection (f).
            (2) Response.--The Secretary shall prepare a written 
        response to each report under subsection (f) explaining--
                    (A) the agreement or disagreement of the Secretary 
                with that report;
                    (B) any changes made to a project study or report 
                required to be submitted to Congress for authorization 
                in response to that report; and
                    (C) if applicable, the reasons the Secretary 
                believes those actions satisfy any key concerns or 
                recommendations in that report.
            (3) Dissemination.--The Secretary shall disseminate each 
        final independent peer review report and the written statement 
        of response of the Secretary on the Corps of Engineers website, 
        and all the materials relating to the independent peer review 
        shall be included with the submission of the report of the 
        Chief of Engineers to Congress for the study or report 
        requiring congressional authorization.
    (h) Deadline for Reports.--
            (1) In general.--A panel shall complete its independent 
        peer review for a project study or report requiring 
        congressional authorization, and submit the initial report 
        under subsection (f) to the Secretary, not later than 180 days 
        after the date on which the panel received the draft project 
        study or report required to be submitted to Congress for 
        authorization, but the Inspector General of the Army may grant 
        a 30-day extension of that deadline for a panel.
            (2) Review not completed.--If a panel does not complete its 
        independent peer review of a project study or report requiring 
        congressional authorization and submit the report under 
        subsection (f) to the Inspector General of the Army on or 
        before the deadline established by paragraph (1) for that 
        report, the Secretary may submit the project study or report 
        required to be submitted to Congress for authorization that is 
        the subject of the independent peer review by the panel to 
        Congress as scheduled.
    (i) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to any panel 
established by the Secretary under this section.
    (j) Effect of Section.--Nothing in this section affects any 
authority of the Secretary to cause or conduct an independent peer 
review of the engineering, science, or technical basis for any water 
resource project in existence on the date of enactment of this Act.

SEC. 1011. FISH AND WILDLIFE MITIGATION.

    (a) Full Mitigation.--Section 906(d) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by inserting ``select in any final 
                environmental impact statement, record of decision, or 
                any general reauthorization report or'' before ``submit 
                any proposal''; and
                    (B) by inserting ``, environmental impact 
                statement, record of decision, or general 
                reauthorization report'' after ``such report''; and
            (2) by adding at the end the following:
            ``(3) Standards for mitigation.--
                    ``(A) In general.--To mitigate losses to fish and 
                wildlife resulting from a water resource project, the 
                Secretary shall, at a minimum, acquire and restore the 
                same number of acres of habitat that fully replace the 
                hydrologic and ecological functions and characteristics 
                of each acre of habitat adversely affected by the 
                project.
                    ``(B) Mitigation plan.--
                            ``(i) In general.--The specific mitigation 
                        plan for a water resources project described in 
paragraph (1) shall include, at a minimum--
                                    ``(I) the recommended plan to 
                                mitigate the impacts of the project as 
                                identified in paragraph (1), including 
                                sufficient detail to permit a thorough 
                                evaluation of the plan's likelihood of 
                                meeting the success criteria 
                                established in subclause (II);
                                    ``(II) specific time-dependent 
                                success criteria, prepared in 
                                consultation with the United States 
                                Fish and Wildlife Service, by which the 
                                mitigation will be evaluated and 
                                determined to be successful;
                                    ``(III) a description, in the Real 
                                Estate Plan, of the land and interests 
                                in land to be used for mitigation and 
                                as the basis for a determination that 
                                land and interests will be available at 
                                the time required;
                                    ``(IV) a schedule for--
                                            ``(aa) monitoring attempted 
                                        mitigation implementation; and
                                            ``(bb) evaluating the 
                                        degree to which the attempted 
                                        mitigation does or does not 
                                        meet the success criteria 
                                        established for the mitigation 
                                        plan under subclause (II) until 
                                        attempted mitigation meets the 
                                        success criteria; and
                                    ``(V) taking corrective actions in 
                                a case in which mitigation efforts are 
                                not achieving the success criteria.
                            ``(ii) Cost sharing.--Monitoring under 
                        clause (i)(IV)--
                                    ``(I) shall be cost-shared in 
                                accordance with the original 
                                construction project for a maximum of 
                                10 years; and
                                    ``(II) shall be 100 percent non-
                                Federal after 10 years.
                    ``(B) Applicable law.--A time period for mitigation 
                monitoring or for the implementation and monitoring of 
                contingency plan actions shall not be subject to the 
                deadlines described in subsection (b).
            ``(4) Determination of mitigation success.--
                    ``(A) In general.--Mitigation shall be considered 
                to be successful at the time at which monitoring 
                demonstrates that the mitigation has met the success 
                criteria established in the mitigation plan under 
                paragraph (3)(B).
                    ``(B) Requirements for success.--To ensure the 
                success of any attempted mitigation, the Secretary 
                shall--
                            ``(i) consult annually with the United 
                        States Fish and Wildlife Service on each water 
                        resource project requiring mitigation to 
                        determine whether mitigation monitoring for 
                        that project demonstrates that the project is 
                        achieving, or has achieved, the success 
                        criteria established in the mitigation plan 
                        under paragraph (3); and
                            ``(ii) ensure that implementation of 
                        correction actions is initiated under paragraph 
                        (3)(B)(i)(V) beginning not later than 30 days 
                        after a finding by the Secretary, either alone 
                        or in consultation with the United States Fish 
                        and Wildlife Service, that the original 
                        mitigation efforts likely will not result in, 
                        or have not resulted in, meeting the success 
                        criteria established in the mitigation plan 
                        under paragraph (3)(B).''.
    (b) Concurrent Mitigation.--Section 906(a) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283(a)) is amended--
            (1) by striking ``(a)(1) In the case'' and inserting the 
        following:
    ``(a) Mitigation.--
            ``(1) In general.--In the case'';
            (2) in paragraph (1) (as designated by paragraph (1)), by 
        striking ``interests--'' and all that follows through 
        ``appropriate,'' and inserting the following: ``interests, 
        whichever the Secretary determines is appropriate, shall be 
        undertaken or acquired--
                    ``(A) before any construction of the project (other 
                than such acquisition) commences; or
                    ``(B) concurrently with the acquisition of land and 
                interests in land for project purposes (other than 
                mitigation of fish and wildlife losses);'';
            (3) in paragraph (2), by striking ``(2) For the purposes'' 
        and inserting the following:
            ``(2) Commencement of construction.--For the purpose''; and
            (4) by adding at the end the following:
            ``(3) Implementation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), to ensure concurrent mitigation, the 
                Secretary shall--
                            ``(i) construct 100 percent of required 
                        off-site mitigation before 50 percent of 
                        construction of a project is completed; and
                            ``(ii) complete required on-site mitigation 
                        as expeditiously as practicable, but not later 
                        than the last day of construction of the 
                        project or separable element of the project.
                    ``(B) Exception for physical impracticability.--In 
                a case in which the Secretary determines that it is 
                physically impracticable to meet the requirements of 
                subparagraph (A), the Secretary shall reserve or 
                reprogram sufficient funds to ensure that mitigation 
                implementation is completed as expeditiously as 
                practicable, but in no case later than the end of the 
                next fiscal year immediately following the last day of 
                construction of the project or separable element of the 
                project.
            ``(4) Use of funds.--Funds made available for 
        preconstruction engineering and design, construction, or 
        operations and maintenance shall be available for use in 
        carrying out this section.''.
    (c) Mitigation Tracking System.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a 
        recordkeeping system to track, for each water resource project 
        constructed, operated, or maintained by the Secretary and for 
        each permit issued under section 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1344)--
                    (A) the quantity and type of wetland and other 
                habitat types affected by the project, project 
                operation, or permitted activity;
                    (B) the quantity and type of mitigation required 
                for the project, project operation or permitted 
                activity;
                    (C) the quantity and type of mitigation that has 
                been completed for the project, project operation or 
                permitted activity; and
                    (D) the status of monitoring for the mitigation 
                carried out for the project, project operation or 
                permitted activity.
            (2) Required information and organization.--The 
        recordkeeping system shall--
                    (A) include information on impacts and mitigation 
                described in paragraphs (3) and (4) of section 906(d) 
                of the Water Resources Development Act of 1986 (33 
                U.S.C. 2283(d)) (as added by subsection (a)) that occur 
                after December 31, 1986; and
                    (B) be organized by watershed, project, permit 
                application, and zip code.
            (3) Availability of information.--The Secretary shall make 
        information contained in the recordkeeping system available to 
        the public on the Internet.

SEC. 1012. AGREEMENTS FOR WATER RESOURCE PROJECTS.

    (a) Partnership Agreements.--Section 221 of the Flood Control Act 
of 1970 (42 U.S.C. 1962d-5b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``After the date of enactment'' and 
                inserting the following:
            ``(1) In general.--After the date of enactment'';
                    (B) by striking ``under the provisions'' and all 
                that follows through ``under any other'' and inserting 
                ``under any'';
                    (C) by inserting ``partnership'' after ``written'';
                    (D) by striking ``Secretary of the Army to furnish 
                its required cooperation for'' and inserting ``district 
                engineer for the district in which the project will be 
                carried out under which each party agrees to carry out 
                its responsibilities and requirements for 
                implementation or construction of'';
                    (E) by inserting after ``$25,000.'' the following:
            ``(2) Liquidated damages.--An agreement described in 
        paragraph (1) may include a provision for liquidated damages in 
        the event of a failure of 1 or more parties to perform.''; and
                    (F) by striking ``In any such agreement'' and 
                inserting the following:
            ``(3) Obligation of future appropriations.--In any 
        agreement described in paragraph (1)'';
            (2) by redesignating subsection (e) as subsection (g); and
            (3) by inserting after subsection (d) the following:
    ``(e) Public Health and Safety.--If the Secretary determines that a 
project needs to be continued for the purpose of public health and 
safety--
            ``(1) the non-Federal interest shall pay the increased 
        projects costs, up to an amount equal to 20 percent of the 
        original estimated project costs and in accordance with the 
        statutorily-determined cost share; and
            ``(2) notwithstanding the statutorily-determined Federal 
        share, the Secretary shall pay all increased costs remaining 
        after payment of 20 percent of the increased costs by the non-
        Federal interest under paragraph (1).
    ``(f) Limitation.--Nothing in subsection (a) limits the authority 
of the Secretary to ensure that a partnership agreement meets the 
requirements of law and policies of the Secretary in effect on the date 
of execution of the partnership agreement.''.
    (b) Local Cooperation.--Section 912(b) of the Water Resources 
Development Act of 1986 (100 Stat. 4190) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``shall'' 
                and inserting ``may''; and
                    (B) by striking the second sentence; and
            (2) in paragraph (4)--
                    (A) in the first sentence--
                            (i) by striking ``injunction, for'' and 
                        inserting the following: ``injunction and 
                        payment of liquidated damages, for''; and
                            (ii) by striking ``to collect a civil 
                        penalty imposed under this section,''; and
                    (B) in the second sentence, by striking ``any civil 
                penalty imposed under this section,'' and inserting 
                ``any liquidated damages,''.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsections (a) and (b) apply only to 
        partnership agreements entered into after the date of enactment 
        of this Act.
            (2) Exception.--Notwithstanding paragraph (1), the district 
        engineer for the district in which a project is located may 
        amend the partnership agreement for the project entered into on 
        or before the date of enactment of this Act--
                    (A) at the request of a non-Federal interest for a 
                project; and
                    (B) if construction on the project has not been 
                initiated as of the date of enactment of this Act.
    (d) References.--
            (1) Cooperation agreements.--Any reference in a law, 
        regulation, document, or other paper of the United States to a 
        cooperation agreement or project cooperation agreement shall be 
        considered to be a reference to a partnership agreement or a 
        project partnership agreement, respectively.
            (2) Partnership agreements.--Any reference to a partnership 
        agreement or project partnership agreement in this Act (other 
        than in this section) shall be considered to be a reference to 
        a cooperation agreement or a project cooperation agreement, 
        respectively.

SEC. 1013. STATE TECHNICAL ASSISTANCE.

    Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16) is amended--
            (1) by striking ``Sec. 22. (a) The Secretary'' and 
        inserting the following:

``SEC. 22. PLANNING ASSISTANCE TO STATES.

    ``(a) Federal State Cooperation.--
            ``(1) Comprehensive plans.--The Secretary'';
            (2) in subsection (a), by adding at the end the following:
            ``(2) Technical assistance.--
                    ``(A) In general.--At the request of a governmental 
                agency or non-Federal interest, the Secretary may 
                provide, at Federal expense, technical assistance to 
                the agency or non-Federal interest in managing water 
                resources.
                    ``(B) Types of assistance.--Technical assistance 
                under this paragraph may include provision and 
                integration of hydrologic, economic, and environmental 
                data and analyses.'';
            (3) in subsection (b)(1), by striking ``this section'' each 
        place it appears and inserting ``subsection (a)(1)'';
            (4) in subsection (c)--
                    (A) by striking ``(c) There is'' and inserting the 
                following:
    ``(c) Authorization of Appropriations.--
            ``(1) Federal and state cooperation.--There is'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)), by striking ``the provisions of this section 
                except that not more than $500,000 shall be expended in 
                any one year in any one State.'' and inserting 
                ``subsection (a)(1).''; and
                    (C) by adding at the end the following:
            ``(2) Technical assistance.--There is authorized to be 
        appropriated to carry out subsection (a)(2) $10,000,000 for 
        each fiscal year, of which not more than $2,000,000 for each 
        fiscal year may be used by the Secretary to enter into 
        cooperative agreements with nonprofit organizations and State 
        agencies to provide assistance to rural and small 
        communities.''; and
            (5) by adding at the end the following:
    ``(e) Annual Submission.--For each fiscal year, based on 
performance criteria developed by the Secretary, the Secretary shall 
list in the annual civil works budget submitted to Congress the 
individual activities proposed for funding under subsection (a)(1) for 
the fiscal year.''.

SEC. 1014. ACCESS TO WATER RESOURCE DATA.

    (a) In General.--The Secretary, acting through the Chief of 
Engineers, shall carry out a program to provide public access to water 
resource and related water quality data in the custody of the Corps of 
Engineers.
    (b) Data.--Public access under subsection (a) shall--
            (1) include, at a minimum, access to data generated in 
        water resource project development and regulation under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 
        1344); and
            (2) appropriately employ geographic information system 
        technology and linkages to water resource models and analytical 
        techniques.
    (c) Partnerships.--To the maximum extent practicable, in carrying 
out activities under this section, the Secretary shall develop 
partnerships, including cooperative agreements with State, tribal, and 
local governments and other Federal agencies.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each fiscal year.

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

                           CHAPTER 1--STUDIES

SEC. 2001. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.

    (a) In General.--To determine with improved accuracy the 
environmental impacts of the project on the McClellan-Kerr Arkansas 
River Navigation Channel (referred to in this section as the 
``MKARN''), the Secretary shall carry out the measures described in 
subsections (b) and (c) in a timely manner.
    (b) National Environmental Policy Act Analysis.--In carrying out 
the responsibility of the Secretary under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this section, the 
Secretary shall include consideration of--
            (1) the environmental impacts associated with transporting 
        an equivalent quantity of goods on Federal, State, and county 
        roads and such other alternative modes of transportation and 
        alternative destinations as are estimated to be transported on 
        the MKARN;
            (2) the impacts associated with air quality;
            (3) other human health and safety information (including 
        premature deaths averted); and
            (4) the environmental and economic costs associated with 
        the dredging of any site on the MKARN, to the extent that the 
        site would be dredged if the MKARN were authorized to a 9-foot 
        depth.
    (c) Species Study.--
            (1) In general.--The Secretary, in conjunction with 
        Oklahoma State University, shall convene a panel of experts 
        with acknowledged expertise in wildlife biology and genetics to 
        review the available scientific information regarding the 
        genetic variation of various sturgeon species and possible 
        hybrids of those species that, as determined by the United 
        States Fish and Wildlife Service, may exist in any portion of 
        the MKARN.
            (2) Report.--The Secretary shall direct the panel to report 
        to the Secretary, not later than 1 year after the date of 
        enactment of this Act and in the best scientific judgment of 
        the panel--
                    (A) the level of genetic variation between 
                populations of sturgeon sufficient to determine or 
                establish that a population is a measurably distinct 
                species, subspecies, or population segment; and
                    (B) whether any pallid sturgeons that may be found 
                in the MKARN (including any tributary of the MKARN) 
                would qualify as such a distinct species, subspecies, 
                or population segment.

                          CHAPTER 2--PROJECTS

                      Subchapter A--Authorizations

SEC. 2101. DEEP CREEK, CHESAPEAKE, VIRGINIA.

    The Secretary may carry out the project for the Atlantic 
Intracoastal Waterway Bridge Replacement, Deep Creek, Chesapeake, 
Virginia, as described in the report of the Chief of Engineers dated 
March 3, 2003, at a total cost of $32,048,000.

                  Subchapter B--Project Modifications

SEC. 2111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

    (a) In General.--The Secretary shall construct a new project 
management office located in the city of Tuscaloosa, Alabama, at a 
location within the vicinity of the city, at full Federal expense.
    (b) Transfer of Land and Structures.--The Secretary shall sell, 
convey, or otherwise transfer to the city of Tuscaloosa, Alabama, at 
fair market value, the land and structures associated with the existing 
project management office, if the city agrees to assume full 
responsibility for demolition of the existing project management 
office.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $32,000,000.

SEC. 2112. LARKSPUR FERRY CHANNEL, CALIFORNIA.

    (a) Report.--The project for navigation, Larkspur Ferry Channel, 
Larkspur, California, authorized by section 601(d) of the Water 
Resources Development Act of 1986 (100 Stat. 4148), is modified to 
direct the Secretary to prepare a limited reevaluation report to 
determine whether maintenance of the project is feasible.
    (b) Authorization of Project.--If the Secretary determines that 
maintenance of the project is feasible, the Secretary shall carry out 
the maintenance.

SEC. 2113. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.

    The Secretary may dredge the Redwood City Navigation Channel, 
California, on an annual basis, to maintain the authorized depth of -30 
mean lower low water.

SEC. 2114. ST. GEORGE'S BRIDGE, DELAWARE.

    Section 102(g) of the Water Resources Development Act of 1990 (104 
Stat. 4612) is amended by adding at the end the following: ``The 
Secretary shall assume ownership responsibility for the replacement 
bridge not later than the date on which the construction of the bridge 
is completed and the contractors are released of their responsibility 
by the State. In addition, the Secretary may not carry out any action 
to close or remove the St. George's Bridge, Delaware, without specific 
congressional authorization.''.

SEC. 2115. CHICAGO RIVER, ILLINOIS.

    The Federal navigation channel for the North Branch Channel portion 
of the Chicago River authorized by section 22 of the Act of March 3, 
1899 (30 Stat. 1156, chapter 425), extending from 100 feet downstream 
of the Halsted Street Bridge to 100 feet upstream of the Division 
Street Bridge, Chicago, Illinois, is redefined to be no wider than 66 
feet.

SEC. 2116. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.

    The project for mitigation of fish and wildlife losses, Red River 
Waterway, Louisiana, authorized by section 601(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4142) and modified by 
section 4(h) of the Water Resources Development Act of 1988 (102 Stat. 
4016), section 102(p) of the Water Resources Development Act of 1990 
(104 Stat. 4613), section 301(b)(7) of the Water Resources Development 
Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources 
Development Act of 2000 (114 Stat. 2604), is further modified--
            (1) to permit the purchase of marginal farmland for 
        reforestation (in addition to the purchase of bottomland 
        hardwood); and
            (2) to incorporate wildlife and forestry management 
        practices to improve species diversity on mitigation land that 
        meets habitat goals and objectives of the Corps of Engineers 
        and the State of Louisiana.

SEC. 2117. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.

    (a) In General.--Notwithstanding section 1001(b)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the project 
for navigation, Fall River Harbor, Massachusetts and Rhode Island, 
authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 
731), shall remain authorized to be carried out by the Secretary, 
except that the authorized depth of that portion of the project 
extending riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall 
River and Somerset, Massachusetts, shall not exceed 35 feet.
    (b) Feasibility.--The Secretary shall conduct a study to determine 
the feasibility of deepening that portion of the navigation channel of 
the navigation project for Fall River Harbor, Massachusetts and Rhode 
Island, authorized by section 101 of the River and Harbor Act of 1968 
(82 Stat. 731), seaward of the Charles M. Braga, Jr. Memorial Bridge 
Fall River and Somerset, Massachusetts.
    (c) Limitation.--The project described in subsection (a) shall not 
be authorized for construction after the last day of the 5-year period 
beginning on the date of enactment of this Act unless, during that 
period, funds have been obligated for construction (including planning 
and design) of the project.

SEC. 2118. COOPER RIVER BRIDGE DEMOLITION, CHARLESTON, SOUTH CAROLINA.

    (a) In General.--The Secretary, at full Federal expense, may carry 
out all planning, design, and construction for--
            (1) the demolition and removal of the Grace and Pearman 
        Bridges over the Cooper River, South Carolina; and
            (2) using the remnants from that demolition and removal, 
        the development of an aquatic reef off the shore of South 
        Carolina.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $39,000,000.

SEC. 2119. PLANT REPLACEMENT AND IMPROVEMENT PROGRAM, CORPS OF 
              ENGINEERS CHARLESTON DISTRICT EQUIPMENT AND STORAGE YARD, 
              SOUTH CAROLINA.

    (a) In General.--The Secretary may convey or transfer, as part of 
the Plant Replacement and Improvement Program, in a direct conveyance 
or a land exchange for any suitable property or facilities, the 
property of the Corps of Engineers known as the ``Equipment and Storage 
Yard'', located on Meeting Street in Charleston, South Carolina, in as-
is condition for fair market value.
    (b) Partial Donation.--As part of a land exchange under subsection 
(a), the Secretary may--
            (1) accept a partial donation of land if the fair market 
        value of the land offered for exchange by the Division 
        Engineer, South Atlantic Division, is equal to or exceeds the 
        fair market value of the land to be transferred by the 
        Secretary under subsection (a); and
            (2) execute the deeds of conveyance and accept property, 
        including any partial donation of land or funds, on behalf of 
        the United States.
    (c) Proceeds.--Notwithstanding any requirements that may be 
contained in the Plant Replacement and Improvement Program, or balances 
in existence under that program as of the date of enactment of this 
Act, proceeds from a conveyance under this section, whether by disposal 
or land exchange, shall be used for costs for the lease, purchase, or 
construction of an office facility within the boundaries of the tri-
county area of Charleston, Berkeley, and Dorchester Counties.

SEC. 2120. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, TENNESSEE.

    (a) Release of Retained Rights, Interests, Reservations.--With 
respect to land conveyed by the Secretary to the Tennessee Society of 
Crippled Children and Adults, Incorporated (commonly known as ``Easter 
Seals Tennessee'') at Old Hickory Lock and Dam, Cumberland River, 
Tennessee, under section 211 of the Flood Control Act of 1965 (79 Stat. 
1087), the reversionary interests and the use restrictions relating to 
recreation and camping purposes are extinguished.
    (b) Instrument of Release.--As soon as practicable after the date 
of enactment of this Act, the Secretary shall execute and file in the 
appropriate office a deed of release, amended deed, or other 
appropriate instrument effectuating the release of interests required 
by paragraph (1).
    (c) No Effect on Other Rights.--Nothing in this section affects any 
remaining right or interest of the Corps of Engineers with respect to 
an authorized purpose of any project.

SEC. 2121. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, 
              WASHINGTON AND IDAHO.

    (a) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the land acquired for the McNary Lock and Dam Project 
and managed by the United States Fish and Wildlife Service under 
Cooperative Agreement Number DACW68-4-00-13 with the Corps of 
Engineers, Walla Walla District, is transferred from the Secretary to 
the Secretary of the Interior.
    (b) Easements.--The transfer of administrative jurisdiction under 
subsection (a) shall be subject to easements in existence as of the 
date of enactment of this Act on land subject to the transfer.
    (c) Rights of Secretary.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary shall retain rights described in paragraph (2) with 
        respect to the land for which administrative jurisdiction is 
        transferred under subsection (a).
            (2) Rights.--The rights of the Secretary referred to in 
        paragraph (1) are the rights--
                    (A) to flood land described in subsection (a) to 
                the standard project flood elevation;
                    (B) to manipulate the level of the McNary Project 
                Pool;
                    (C) to access such land described in subsection (a) 
                as may be required to install, maintain, and inspect 
                sediment ranges and carry out similar activities;
                    (D) to construct and develop wetland, riparian 
                habitat, or other environmental restoration features 
                authorized under section 1135 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2309a) and section 
                206 of the Water Resources Development Act of 1996 (33 
                U.S.C. 2330);
                    (E) to dredge and deposit fill materials; and
                    (F) to carry out management actions for the purpose 
                of reducing the take of juvenile salmonids by avian 
                colonies that inhabit, before, on, or after the date of 
                enactment of this Act, any island included in the land 
                described in subsection (a).
            (3) Coordination.--Before exercising a right described in 
        any of subparagraphs (C) through (F) of paragraph (2), the 
        Secretary shall coordinate the exercise with the United States 
        Fish and Wildlife Service.
    (d) Management.--
            (1) In general.--The land described in subsection (a) shall 
        be managed by the Secretary of the Interior as part of the 
        McNary National Wildlife Refuge.
            (2) Cummins property.--
                    (A) Retention of credits.--Habitat unit credits 
                described in the memorandum entitled ``Design 
                Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE 
                COMPENSATION PLAN, Wildlife Compensation and Fishing 
                Access Site Selection, Letter Supplement No. 15, SITE 
                DEVELOPMENT PLAN FOR THE WALLULA HMU'' provided for the 
                Lower Snake River Fish and Wildlife Compensation Plan 
                through development of the parcel of land formerly 
                known as the ``Cummins property'' shall be retained by 
                the Secretary despite any changes in management of the 
                parcel on or after the date of enactment of this Act.
                    (B) Site development plan.--The United States Fish 
                and Wildlife Service shall obtain prior approval of the 
                Washington State Department of Fish and Wildlife for 
                any change to the previously approved site development 
                plan for the parcel of land formerly known as the 
                ``Cummins property''.
            (3) Madame dorian recreation area.--The United States Fish 
        and Wildlife Service shall continue operation of the Madame 
        Dorian Recreation Area for public use and boater access.
    (e) Administrative Costs.--The United States Fish and Wildlife 
Service shall be responsible for all survey, environmental compliance, 
and other administrative costs required to implement the transfer of 
administrative jurisdiction under subsection (a).

SEC. 2122. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.

    The Fish and Wildlife Compensation Plan for the Lower Snake River, 
Washington and Idaho, as authorized by section 101 of the Water 
Resources Development Act of 1976 (90 Stat. 2921), is amended to 
authorize the Secretary to conduct studies and implement aquatic and 
riparian ecosystem restorations and improvements specifically for 
fisheries and wildlife.

SEC. 2123. MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.

    Section 101(a)(31) of the Water Resources Development Act of 1996 
(110 Stat. 3666), is amended by striking ``$229,581,000'' and inserting 
``$358,000,000''.

SEC. 2124. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM 
              RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND 
              ILLINOIS WATERWAY SYSTEM.

    (a) Definitions.--In this section:
            (1) Plan.--The term ``Plan'' means the preferred integrated 
        plan contained in the document entitled ``Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement for the UMR-IWW System Navigation Feasibility 
        System'' and dated April 29, 2004.
            (2) Upper mississippi river and illinois waterway system.--
        The term ``Upper Mississippi River and Illinois Waterway 
        System'' means the projects for navigation and ecosystem 
        restoration authorized by Congress for--
                    (A) the segment of the Mississippi River from the 
                confluence with the Ohio River, River Mile 0.0, to 
                Upper St. Anthony Falls Lock in Minneapolis-St. Paul, 
                Minnesota, River Mile 854.0; and
                    (B) the Illinois Waterway from its confluence with 
                the Mississippi River at Grafton, Illinois, River Mile 
                0.0, to T.J. O'Brien Lock in Chicago, Illinois, River 
                Mile 327.0.
    (b) Authorization of Construction of Navigation Improvements.--
            (1) Small scale and nonstructural measures.--At a cost of 
        $24,000,000 in funds from the general fund of the Treasury, to 
        be matched in an equal amount from the Inland Waterways Trust 
        Fund (which is paid by private users), the Secretary shall--
                    (A) construct mooring facilities at Locks 12, 14, 
                18, 20, 22, 24, and LaGrange Lock;
                    (B) provide switchboats at Locks 20 through 25 over 
                5 years for project operation; and
                    (C) conduct development and testing of an 
                appointment scheduling system.
            (2) New locks.--At a cost of $730,000,000 in funds from the 
        general fund of the Treasury, with an equal matching amount 
        provided from the Inland Waterways Trust Fund (which is paid by 
        the private users), the Secretary shall construct new 1,200-
        foot locks at Locks 20, 21, 22, 24, and 25 on the Upper 
        Mississippi River and at LaGrange Lock and Peoria Lock on the 
        Illinois Waterway.
            (3) Mitigation.--At a cost of $100,000,000 in funds from 
        the general fund of the Treasury, with an equal matching amount 
        provided from the Inland Waterway Trust Fund (which is paid by 
        private users), the Secretary shall conduct mitigation for new 
        locks and small scale and nonstructural measures authorized 
        under paragraphs (1) and (2).
    (c) Ecosystem Restoration Authorization.--
            (1) Operation.--To ensure the environmental sustainability 
        of the existing Upper Mississippi River and Illinois Waterway 
        System, the Secretary shall, consistent with requirements to 
        avoid any adverse effects on navigation, modify the operation 
        of the Upper Mississippi River and Illinois Waterway System to 
        address the cumulative environmental impacts of operation of 
        the system and improve the ecological integrity of the Upper 
        Mississippi River and Illinois River.
            (2) Ecosystem restoration projects.--
                    (A) In general.--The Secretary shall, consistent 
                with requirements to avoid any adverse effects on 
                navigation, carry out ecosystem restoration projects to 
                attain and maintain the sustainability of the ecosystem 
                of the Upper Mississippi River and Illinois River in 
                accordance with the general framework outlined in the 
                Plan.
                    (B) Projects included.--Ecosystem restoration 
                projects may include--
                            (i) island building;
                            (ii) construction of fish passages;
                            (iii) floodplain restoration;
                            (iv) water level management (including 
                        water drawdown);
                            (v) backwater restoration;
                            (vi) side channel restoration;
                            (vii) wing dam and dike restoration and 
                        modification;
                            (viii) island and shoreline protection;
                            (ix) topographical diversity;
                            (x) dam point control;
                            (xi) use of dredged material for 
                        environmental purposes;
                            (xii) tributary confluence restoration;
                            (xiii) spillway, dam, and levee 
                        modification to benefit the environment;
                            (xiv) land easement authority; and
                            (xv) land acquisition.
                    (C) Cost sharing.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Federal share of the cost of 
                        carrying out an ecosystem restoration project 
                        under this paragraph shall be 65 percent.
                            (ii) Exception for certain restoration 
                        projects.--In the case of a project under this 
                        subparagraph for ecosystem restoration, the 
                        Federal share of the cost of carrying out the 
                        project shall be 100 percent if the project--
                                    (I) is located below the ordinary 
                                high water mark or in a connected 
                                backwater;
                                    (II) modifies the operation or 
                                structures for navigation; or
                                    (III) is located on federally owned 
                                land.
                            (iii) Nongovernmental organizations.--
                        Nongovernmental organizations shall be eligible 
                        to contribute to the non-Federal cost share 
                        applicable to projects under this paragraph.
                    (D) Land acquisition.--The Secretary may acquire 
                land or an interest in land for an ecosystem 
                restoration project from a willing owner through 
                conveyance of--
                            (i) fee title to the land; or
                            (ii) a flood plain conservation easement.
            (3) Ecosystem restoration preconstruction engineering and 
        design.--
                    (A) Restoration design.--Before initiating the 
                construction of any individual ecosystem restoration 
                project, the Secretary shall--
                            (i) establish ecosystem restoration goals 
                        and identify specific performance measures 
                        designed to demonstrate ecosystem restoration;
                            (ii) establish the without-project 
                        condition or baseline for each performance 
                        indicator; and
                            (iii) for each separable element of the 
                        ecosystem restoration, identify specific target 
                        goals for each performance indicator.
                    (B) Outcomes.--Performance measures identified 
                under subparagraph (A)(i) should comprise specific 
                measurable environmental outcomes, such as changes in 
                water quality, hydrology, or the well-being of 
                indicator species the population and distribution of 
                which are representative of the abundance and diversity 
                of ecosystem-dependent aquatic and terrestrial species.
                    (C) Restoration design.--Restoration design carried 
                out as part of ecosystem restoration shall include a 
                monitoring plan for the performance measures identified 
                under subparagraph (A)(i), including--
                            (i) a timeline to achieve the identified 
                        target goals; and
                            (ii) a timeline for the demonstration of 
                        project completion.
            (4) Specific projects authorization.--
                    (A) In general.--Subject to paragraph (1), the 
                ecosystem restoration projects described in paragraph 
                (2) shall be carried out at a total construction cost 
                of $1,460,000,000.
                    (B) Limitation on available funds.--Of the amounts 
                made available under subparagraph (A), not more than 
                $35,000,000 for each fiscal year shall be available for 
                land acquisition under paragraph (2)(D).
            (5) Implementation reports.--
                    (A) In general.--Not later than June 30, 2005, and 
                every 4 years thereafter, the Secretary shall submit to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives an 
                implementation report that--
                            (i) includes baselines, milestones, goals, 
                        and priorities for ecosystem restoration 
                        projects; and
                            (ii) measures the progress in meeting the 
                        goals.
                    (B) Advisory panel.--
                            (i) In general.--The Secretary shall 
                        appoint and convene an advisory panel to 
                        provide independent guidance in the development 
                        of each implementation report under 
                        subparagraph (A).
                            (ii) Panelists.--Panelists shall include--
                                    (I) 1 representative of each of the 
                                State resource agencies (or a designee 
                                of the Governor of the State) from each 
                                of the States of Illinois, Iowa, 
                                Minnesota, Missouri, and Wisconsin;
                                    (II) 1 representative of the 
                                Department of Agriculture;
                                    (III) 1 representative of the 
                                Department of Transportation;
                                    (IV) 1 representative of the United 
                                States Geological Survey;
                                    (V) 1 representative of the United 
                                States Fish and Wildlife Service;
                                    (VI) 1 representative of the 
                                Environmental Protection Agency;
                                    (VII) 1 representative of affected 
                                landowners;
                                    (VIII) 2 representatives of 
                                conservation and environmental advocacy 
                                groups; and
                                    (IX) 2 representatives of 
                                agriculture and industry advocacy 
                                groups.
                            (iii) Co-chairpersons.--The Secretary and 
                        the Secretary of the Interior shall serve as 
                        co-chairpersons of the advisory panel.
            (6) Ranking system.--
                    (A) In general.--The Secretary, in consultation 
                with the National Academy of Sciences, shall develop a 
                system to rank proposed projects.
                    (B) Priority.--The ranking system shall give 
                greater weight to projects that restore natural river 
                processes, including those projects listed in paragraph 
                (2)(B).
    (d) Comparable Progress.--
            (1) In general.--As the projects authorized under this 
        section move through preengineering, design, and construction 
        phases--
                    (A) appropriate milestones will be selected; and
                    (B) at that time of selection, a determination will 
                be made as to whether the projects are being carried 
                out at comparable rates.
            (2) No comparable rate.--If the Secretary determines under 
        paragraph (1)(B) that projects authorized under this subsection 
        are not moving toward completion at a comparable rate, annual 
        funding for the projects will be adjusted to ensure that the 
        projects move toward completion at a comparable rate in the 
        future.
    (e) Authorization of Appropriations.--Except as otherwise provided 
in this section--
            (1) there are authorized to be appropriated such sums as 
        are necessary to carry out this section for each of fiscal 
        years 2006 through 2020; and
            (2) after fiscal year 2020--
                    (A) funds that have been made available under this 
                section, but have not been expended, may be expended; 
                and
                    (B) funds that have been authorized to be 
                appropriated under this section, but have not been made 
                available, may be made available.

SEC. 2125. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT INTERPRETIVE 
              SITE.

    Section 103(c)(2) of the Water Resources Development Act of 1992 
(106 Stat. 4811) is amended by striking ``property currently held by 
the Resolution Trust Corporation in the vicinity of the Mississippi 
River Bridge'' and inserting ``riverfront property''.

SEC. 2126. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.

    (a) In General.--In accordance with the project for navigation, 
Mississippi River between the Ohio and Missouri Rivers (Regulating 
Works), Missouri and Illinois, authorized by the Act of June 25, 1910 
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor 
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) 
(commonly known as the ``River and Harbor Act of 1927''), and the Act 
of July 3, 1930 (46 Stat. 918), the Secretary shall carry out over at 
least a 10-year period a pilot program to restore and protect fish and 
wildlife habitat in the middle Mississippi River.
    (b) Authorized Activities.--
            (1) In general.--As part of the pilot program carried out 
        under subsection (a), the Secretary shall conduct any 
        activities that are necessary to improve navigation through the 
        project referred to in subsection (a) while restoring and 
        protecting fish and wildlife habitat in the middle Mississippi 
        River system.
            (2) Inclusions.--Activities authorized under paragraph (1) 
        shall include--
                    (A) the modification of navigation training 
                structures;
                    (B) the modification and creation of side channels;
                    (C) the modification and creation of islands;
                    (D) any studies and analysis necessary to develop 
                adaptive management principles; and
                    (E) the acquisition from willing sellers of any 
                land associated with a riparian corridor needed to 
                carry out the goals of the pilot program.
    (c) Cost-Sharing Requirement.--The cost-sharing requirement 
required under the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
(commonly known as the ``River and Harbor Act of 1910''), the Act of 
January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the 
``River and Harbor Act of 1927''), and the Act of July 3, 1930 (46 
Stat. 918), for the project referred to in subsection (a) shall apply 
to any activities carried out under this section.

                  CHAPTER 3--PROJECT DEAUTHORIZATIONS

SEC. 2141. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE BAY, PART 
              II, INSTALLATION OF FENDER PROTECTION FOR BRIDGES, 
              DELAWARE AND MARYLAND.

    The project for the construction of bridge fenders for the Summit 
and St. Georges Bridge for the Inland Waterway of the Delaware River to 
the C & D Canal of the Chesapeake Bay authorized by the River and 
Harbor Act of 1954 (68 Stat. 1249) is not authorized.

SEC. 2142. MAYO'S BAR LOCK AND DAM, COOSA RIVER, ROME, GEORGIA.

    The project for navigation, Mayo's Bar Lock and Dam, Coosa River, 
Rome, Georgia, authorized by section 528 of the Water Resources 
Development Act of 1999 (113 Stat. 347), is not authorized.

SEC. 2143. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF MENTEUR, 
              LOUISIANA.

    The project for the construction of bulkheads and jetties at Lake 
Borgne and Chef Menteur, Louisiana, as part of the Gulf Intercoastal 
Waterway authorized by the first section of the River and Harbor Act of 
1946 (60 Stat. 635) is not authorized.

SEC. 2144. EISENHOWER AND SNELL LOCKS, NEW YORK.

    The project for navigation, Eisenhower and Snell Locks, New York, 
authorized by section 1163 of the Water Resources Development Act of 
1986 (100 Stat. 4258), is not authorized.

SEC. 2145. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO DAINGERFIELD, 
              TEXAS.

    The project for the Red River Waterway, Shreveport, Louisiana to 
Daingerfield, Texas, authorized by section 101 of the River and Harbor 
Act of 1968 (82 Stat. 731), is not authorized.

SEC. 2146. SCHUYLKILL RIVER, PENNSYLVANIA.

    The project for navigation, Schuylkill River (Mouth to Penrose 
Avenue), Pennsylvania, authorized by the section 344 of the Water 
Resources Development Act of 1996 (110 Stat. 3722), is not authorized.

SEC. 2147. LAKE OF THE PINES, TEXAS.

    The project for navigation improvements affecting Lake of the 
Pines, Texas, for the portion of the Red River below Fulton, Arkansas, 
authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), as 
amended by the Act of July 24, 1946 (60 Stat. 635, chapter 595), the 
Act of May 17, 1950 (64 Stat. 163, chapter 188), and the River and 
Harbor Act of 1968 (82 Stat. 731), is not authorized.

SEC. 2148. TENNESSEE COLONY LAKE, TEXAS.

    The project for navigation, Tennessee Colony Lake, Trinity River, 
Texas, authorized by section 204 of the River and Harbor Act of 1965 
(79 Stat. 1091), is not authorized.

SEC. 2149. CITY WATERWAY, TACOMA, WASHINGTON.

    The portion of the project for navigation, City Waterway, Tacoma, 
Washington, authorized by the first section of the Act of June 13, 1902 
(32 Stat. 347), consisting of the last 1,000 linear feet of the inner 
portion of the Waterway beginning at Station 70+00 and ending at 
Station 80+00, is not authorized.

                     Subtitle B--Ports and Harbors

               CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS

SEC. 2201. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.

    Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is 
amended--
            (1) by striking ``Sec. 107. (a) That the Secretary of the 
        Army is hereby authorized to'' and inserting the following:

``SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.

    ``(a) In General.--The Secretary of the Army may'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Not more'' and inserting the 
                following:
    ``(b) Allotment.--Not more''; and
                    (B) by striking ``$4,000,000'' and inserting 
                ``$7,000,000'';
            (3) in subsection (c), by striking ``(c) Local'' and 
        inserting the following:
    ``(c) Local Contributions.--Local'';
            (4) in subsection (d), by striking ``(d) Non-Federal'' and 
        inserting the following:
    ``(d) Non-Federal Share.--Non-Federal'';
            (5) in subsection (e), by striking ``(e) Each'' and 
        inserting the following:
    ``(e) Completion.--Each''; and
            (6) in subsection (f), by striking ``(f) This'' and 
        inserting the following:
    ``(f) Applicability.--This''.

                           CHAPTER 2--STUDIES

SEC. 2211. NATIONAL PORT STUDY.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, shall conduct a study of the ability of coastal or 
deepwater port infrastructure to meet current and projected national 
economic needs.
    (b) Components.--In conducting the study, the Secretary shall--
            (1) consider--
                    (A) the availability of alternate transportation 
                destinations and modes;
                    (B) the impact of larger cargo vessels on existing 
                port capacity; and
                    (C) practicable, cost-effective congestion 
                management alternatives; and
            (2) give particular consideration to the benefits and 
        proximity of proposed and existing port, harbor, waterway, and 
        other transportation infrastructure.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that describes 
the results of the study.

                          CHAPTER 3--PROJECTS

                      Subchapter A--Authorizations

SEC. 2221. AKUTAN HARBOR, AKUTAN, ALASKA.

    The Secretary may carry out the Akutan Small Boat Harbor project 
for navigation, Akutan, Alaska, at a total estimated cost of 
$19,013,000, with an estimated Federal cost of $9,185,000 and an 
estimated non-Federal cost of $9,828,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a favorable final report of the 
Chief for the project is completed not later than December 31, 2004.

SEC. 2222. HAINES SMALL BOAT HARBOR, HAINES, ALASKA.

    The Secretary may carry out the Haines Small Boat Harbor project 
for navigation, Haines, Alaska, at a total estimated cost of 
$21,410,000, with an estimated Federal cost of $9,590,000 and an 
estimated non-Federal cost of $11,820,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a favorable final report of the 
Chief for the project is completed not later than December 31, 2004.

SEC. 2223. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.

    The Secretary shall carry out, on an emergency basis, necessary 
removal of rubble, sediment, and rock impeding the entrance to the St. 
Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of 
$2,000,000.

SEC. 2224. UNALASKA SMALL BOAT HARBOR, UNALASKA, ALASKA.

    The Secretary may carry out the Unalaska Small Boat Harbor project 
for navigation, Unalaska, Alaska, at a total estimated cost of 
$23,200,000, with an estimated Federal cost of $11,500,000 and an 
estimated non-Federal cost of $11,700,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a favorable final report of the 
Chief for the project is completed not later than December 31, 2004.

SEC. 2225. MIAMI HARBOR, MIAMI, FLORIDA.

    The Secretary may carry out the Miami Harbor, Florida, project for 
navigation, Miami, Florida, at a total estimated cost of $157,310,000, 
with an estimated Federal cost of $63,728,000 and an estimated non-
Federal cost of $93,582,000, substantially in accordance with the 
plans, and subject to the conditions, recommended in a final report of 
the Chief of Engineers, if a favorable final report of the Chief for 
the project is completed not later than December 31, 2004.

SEC. 2226. PORT OF IBERIA, LOUISIANA.

    The Secretary may carry out the project for navigation, Port of 
Iberia, Louisiana, at a total cost of $165,000,000, with an estimated 
Federal cost of $132,000,000 and an estimated non-Federal cost of 
$33,000,000, and at an estimated average annual Federal cost of 
$1,500,000 for periodic nourishment over the 50-year life of the 
project, substantially in accordance with the feasibility report and 
environmental impact statement for the project, and subject to the 
conditions recommended in a final report of the Chief of Engineers, if 
a favorable final report of the Chief is completed by December 31, 
2004.

SEC. 2227. CORPUS CHRISTI SHIP CHANNEL, CORPUS CHRISTI, TEXAS.

    The Secretary may carry out the project for navigation and 
environmental restoration, Corpus Christi Ship Channel, Texas, 
substantially in accordance with the plans, and subject to the 
conditions, described in the report entitled ``Channel Improvement 
Project: Report of the Chief of Engineers'', dated June 2, 2003, at a 
total cost of $153,808,000, with an estimated Federal cost of 
$73,554,000 and an estimated non-Federal cost of $80,254,000.

                      Subchapter B--Modifications

SEC. 2241. SITKA, ALASKA.

    The Thompson Harbor, Sitka, Alaska, element of the project for 
navigation, Southeast Alaska Harbors of Refuge, Alaska, authorized by 
section 101 of the Water Resources Development Act of 1992 (106 Stat. 
4801), is modified to direct the Secretary to take such action as is 
necessary to correct design deficiencies in the element, at a Federal 
cost of $6,300,000.

SEC. 2242. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION, 
              CALIFORNIA.

    Section 102(c)(4) of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in the third 
sentence by striking ``January 1, 2003'' and inserting ``January 1, 
2006''.

SEC. 2243. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT OF SAN 
              FRANCISCO, CALIFORNIA.

    (a) Conditional Declaration of Nonnavigability.--If the Secretary 
determines, in consultation with appropriate Federal and non-Federal 
entities, that projects proposed to be carried out by non-Federal 
entities within the portions of the San Francisco, California, 
waterfront described in subsection (b) are not in the public interest, 
the portions shall be declared not to be navigable water of the United 
States for the purposes of section 9 of the Act of March 3, 1899 (33 
U.S.C. 401) and the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
    (b) Portions of Waterfront.--The portions of the San Francisco, 
California, waterfront referred to in subsection (a) are those that 
are, or will be, bulkheaded, filled, or otherwise occupied by permanent 
structures and that are located as follows: beginning at the 
intersection of the northeasterly prolongation of the portion of the 
northwesterly line of Bryant Street lying between Beale Street and Main 
Street with the southwesterly line of Spear Street, which intersection 
lies on the line of jurisdiction of the San Francisco Port Commission; 
following thence southerly along said line of jurisdiction as described 
in the State of California Harbor and Navigation Code Section 1770, as 
amended in 1961, to its intersection with the easterly line of Townsend 
Street along a line that is parallel and distant 10 feet from the 
existing southern boundary of Pier 40 to its point of intersection with 
the United States Government pier-head line; thence northerly along 
said pier-head line to its intersection with a line parallel with, and 
distant 10 feet easterly from, the existing easterly boundary line of 
Pier 30-32; thence northerly along said parallel line and its northerly 
prolongation, to a point of intersection with a line parallel with, and 
distant 10 feet northerly from, the existing northerly boundary of Pier 
30-32, thence westerly along last said parallel line to its 
intersection with the United States Government pier-head line; to the 
northwesterly line of Bryan Street northwesterly; thence southwesterly 
along said northwesterly line of Bryant Street to the point of 
beginning.
    (c) Requirement That Area Be Improved.--If, by the date that is 20 
years after the date of enactment of this Act, any portion of the San 
Francisco, California, waterfront described in subsection (b) has not 
been bulkheaded, filled, or otherwise occupied by 1 or more permanent 
structures, or if work in connection with any activity carried out 
pursuant to applicable Federal law requiring a permit, including 
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401), is not 
commenced by the date that is 5 years after the date of issuance of 
such a permit, the declaration of nonnavigability for the portion under 
this section shall cease to be effective.

SEC. 2244. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR, 
              CONNECTICUT.

    The western breakwater for the project for navigation, New Haven 
Harbor, Connecticut, authorized by the first section of the Act of 
September 19, 1890 (26 Stat. 426), shall be known and designated as the 
``Charles Hervey Townshend Breakwater''.

SEC. 2245. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.

    (a) In General.--The portion of the project for navigation, New 
London Harbor, Connecticut, authorized by the Act of June 13, 1902 (32 
Stat. 333), that consists of a 23-foot waterfront channel described in 
subsection (b), is redesignated as an anchorage area.
    (b) Description of Channel.--The channel referred to in subsection 
(a) may be described as beginning at a point along the western limit of 
the existing project, N. 188, 802.75, E. 779, 462.81, thence running 
northeasterly about 1,373.88 feet to a point N. 189, 554.87, E. 780, 
612.53, thence running southeasterly about 439.54 feet to a point N. 
189, 319.88, E. 780, 983.98, thence running southwesterly about 831.58 
feet to a point N. 188, 864.63, E. 780, 288.08, thence running 
southeasterly about 567.39 feet to a point N. 188, 301.88, E. 780, 
360.49, thence running northwesterly about 1,027.96 feet to the point 
of origin.

SEC. 2246. NORWALK HARBOR, CONNECTICUT.

    (a) In General.--The portions of a 10-foot channel of the project 
for navigation, Norwalk Harbor, Connecticut, authorized by the first 
section of the Act of March 2, 1919 (40 Stat. 1276) and described in 
subsection (b), are not authorized.
    (b) Description of Portions.--The portions of the channel referred 
to in subsection (a) are as follows:
            (1) Rectangular portion.--An approximately rectangular-
        shaped section along the northwesterly terminus of the channel. 
        The section is 35-feet wide and about 460-feet long and is 
        further described as commencing at a point N. 104,165.85, E. 
        417,662.71, thence running south 24 deg.0655" E. 395.00 feet 
        to a point N. 103,805.32, E. 417,824.10, thence running south 
        00 deg.3806" E. 87.84 feet to a point N. 103,717.49, E. 
        417,825.07, thence running north 24 deg.0655" W. 480.00 feet, 
        to a point N. 104,155.59, E. 417.628.96, thence running north 
        73 deg.0525" E. 35.28 feet to the point of origin.
            (2) Parallelogram-shaped portion.--An area having the 
        approximate shape of a parallelogram along the northeasterly 
        portion of the channel, southeast of the area described in 
        paragraph (1), approximately 20 feet wide and 260 feet long, 
        and further described as commencing at a point N. 103,855.48, 
        E. 417,849.99, thence running south 33 deg.0730" E. 133.40 
        feet to a point N. 103,743.76, E. 417,922.89, thence running 
        south 24 deg.0704" E. 127.75 feet to a point N. 103,627.16, E. 
        417,975.09, thence running north 33 deg.0730" W. 190.00 feet 
        to a point N. 103,786.28, E. 417,871.26, thence running north 
        17 deg.0515" W. 72.39 feet to the point of origin.
    (c) Modification.--The 10-foot channel portion of the Norwalk 
Harbor, Connecticut navigation project described in subsection (a) is 
modified to authorize the Secretary to realign the channel to include, 
immediately north of the area described in subsection (b)(2), a 
triangular section described as commencing at a point N. 103,968.35, E. 
417,815.29, thence running S. 17 deg.0515" east 118.09 feet to a point 
N. 103,855.48, E. 417,849.99, thence running N. 33 deg.0730" west 
36.76 feet to a point N. 103,886.27, E. 417,829.90, thence running N. 
10 deg.0526" west 83.37 feet to the point of origin.

SEC. 2247. JACKSONVILLE HARBOR, FLORIDA.

    The project for navigation, Jacksonville Harbor, Florida, 
authorized by section 101(a)(17) of the Water Resources Development Act 
of 1999 (113 Stat. 276), is modified to authorize the Secretary to 
extend the navigation features in accordance with the report of the 
Chief of Engineers dated July 22, 2003, at an additional total cost of 
$14,658,000, with an estimated Federal cost of $9,636,000 and an 
estimated non-Federal cost of $5,022,000.

SEC. 2248. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT PROPOSAL 
              AT RICHARD B. RUSSELL LAKE, SOUTH CAROLINA.

    (a) In General.--The Secretary shall convey to the State of South 
Carolina, by quitclaim deed, all right, title, and interest of the 
United States in and to the parcels of land described in subsection 
(b)(1) that are being managed, as of the date of enactment of this Act, 
by the South Carolina Department of Commerce for public recreation 
purposes for the Richard B. Russell Dam and Lake, South Carolina, 
project authorized by section 203 of the Flood Control Act of 1966 (80 
Stat. 1420).
    (b) Land Description.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        parcels of land referred to in subsection (a) are the parcels 
        contained in the portion of land described in Army Lease No. 
        DACW21-1-92-0500.
            (2) Retention of interests.--The United States shall 
        retain--
                    (A) ownership of any and all land included in the 
                lease referred to in paragraph (1) that would have been 
                acquired for operational purposes in accordance with 
                the 1971 implementation of the 1962 Army/Interior Joint 
                Acquisition Policy; and
                    (B) such other land as is determined by the 
                Secretary to be required for authorized project 
                purposes, including easement rights-of-way to remaining 
                Federal land.
            (3) Survey.--The exact acreage and legal description of the 
        land described in paragraph (1) shall be determined by a survey 
        satisfactory to the Secretary, with the cost of the survey to 
        be paid by the State.
    (c) General Provisions.--
            (1) Applicability of property screening provisions.--
        Section 2696 of title 10, United States Code, shall not apply 
        to the conveyance under this section.
            (2) Additional terms and conditions.--The Secretary may 
        require that the conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        appropriate to protect the interests of the United States.
            (3) Costs of conveyance.--
                    (A) In general.--The State shall be responsible for 
                all costs, including real estate transaction and 
                environmental compliance costs, associated with the 
                conveyance under this section.
                    (B) Form of contribution.--As determined 
                appropriate by the Secretary, in lieu of payment of 
                compensation to the United States under subparagraph 
                (A), the State may perform certain environmental or 
                real estate actions associated with the conveyance 
                under this section if those actions are performed in 
                close coordination with, and to the satisfaction of, 
                the United States.
            (4) Liability.--The State shall hold the United States 
        harmless from any liability with respect to activities carried 
        out, on or after the date of the conveyance, on the real 
        property conveyed under this section.
    (d) Additional Terms and Conditions.--
            (1) In general.--The State shall pay fair market value 
        consideration, as determined by the United States, for any land 
        included in the conveyance under this section.
            (2) No effect on shore management policy.--The Shoreline 
        Management Policy (ER-1130-2-406) of the Corps of Engineers 
        shall not be changed or altered for any proposed development of 
land conveyed under this section.
            (3) NEPA.--The conveyance under this section shall be 
        subject to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) (including public review under that Act) 
        and other Federal statutes.
            (4) Cost sharing.--In carrying out the conveyance under 
        this section, the Secretary and the State shall comply with all 
        obligations of any cost sharing agreement between the Secretary 
        and the State in effect as of the date of the conveyance.
            (5) Land not conveyed.--The State shall continue to manage 
        the land not conveyed under this section in accordance with the 
        terms and conditions of Army Lease No. DACW21-1-92-0500.

SEC. 2249. PORT OF LEWISTON, IDAHO.

    (a) Extinguishment of Reversionary Interests and Use 
Restrictions.--With respect to property covered by each deed described 
in subsection (b)--
            (1) the reversionary interests and use restrictions 
        relating to industrial use purposes are extinguished;
            (2) the restriction that no activity shall be permitted 
        that will compete with services and facilities offered by 
        public marinas is extinguished;
            (3) the human habitation or other building structure use 
        restriction is extinguished in each area in which the elevation 
        is above the standard project flood elevation; and
            (4) the use of fill material to raise low areas above the 
        standard project flood elevation is authorized, except in any 
        low area constituting wetland for which a permit under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        is required.
    (b) Deeds.--The deeds referred to in subsection (a) are as follows:
            (1) Auditor's Instrument No. 399218 of Nez Perce County, 
        Idaho, 2.07 acres.
            (2) Auditor's Instrument No. 487437 of Nez Perce County, 
        Idaho, 7.32 acres.
    (c) No Effect on Other Rights.--Nothing in this section affects the 
remaining rights and interests of the Corps of Engineers for authorized 
project purposes with respect to property covered by deeds described in 
subsection (b).

SEC. 2250. CHICAGO RIVER AND HARBOR, CHICAGO, ILLINOIS.

    As of the date of enactment of this Act, the portions of the 
projects for navigation, Chicago River and Chicago Harbor, Chicago, 
Illinois, authorized by the Act of March 3, 1899 (30 Stat. 1129), 
extending 50 feet riverward of the existing dock wall on the south side 
of the channel from Lake Street to Franklin Street and 25 feet 
riverward of the existing dock wall on the south side of the channel 
from Franklin Street to Wabash Avenue, and those areas within 20 feet 
of the bridge abutments on the south side of the channel for the length 
of the protection bridge piers from the Franklin Street Bridge to the 
Michigan Avenue Bridge, are not authorized.

SEC. 2251. CAMP ELLIS, SACO, MAINE.

    The maximum amount of Federal funds that may be expended for the 
project being carried out under section 111 of the River and Harbor Act 
of 1968 (33 U.S.C. 426i) for the mitigation of shore damages 
attributable to the project for navigation, Camp Ellis, Saco, Maine, 
shall be $20,000,000.

SEC. 2252. UNION RIVER, MAINE.

    The project for navigation, Union River, Maine, authorized by the 
first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), 
is modified by redesignating as an anchorage area that portion of the 
project consisting of a 6-foot turning basin and lying northerly of a 
line commencing at a point N. 315,975.13, E. 1,004,424.86, thence 
running N. 61 deg. 27 20.71" W. about 132.34 feet to a point N. 
316,038.37, E. 1,004,308.61.

SEC. 2253. DULUTH HARBOR, MINNESOTA.

    (a) In General.--Notwithstanding the cost limitation described in 
section 107(b) of the River and Harbor Act of 1960 (33 U.S.C. 577(b)), 
the Secretary shall carry out the project for navigation, Duluth 
Harbor, Minnesota, pursuant to the authority provided under that 
section at a total Federal cost of $9,000,000.
    (b) Public Access and Recreational Facilities.--Section 321 of the 
Water Resources Development Act of 2000 (114 Stat. 2605) is amended by 
inserting ``, and to provide public access and recreational 
facilities'' after ``including any required bridge construction''.

SEC. 2254. NEW YORK HARBOR, NEW YORK, NEW YORK.

    Section 217 of the Water Resources Development Act of 1996 (33 
U.S.C. 2326a) is amended--
            (1) by redesignating subsection (c) as subsection (d);
            (2) by inserting after subsection (b) the following:
    ``(c) Dredged Material Facility.--
            ``(1) In general.--The Secretary may enter into cost-
        sharing agreements with 1 or more non-Federal public interests 
        with respect to a project, or group of projects within a 
        geographic region, if appropriate, for the acquisition, design, 
        construction, management, or operation of a dredged material 
        processing, treatment, contaminant reduction, or disposal 
        facility (including any facility used to demonstrate potential 
        beneficial uses of dredged material, which may include 
        effective sediment contaminant reduction technologies) using 
        funds provided in whole or in part by the Federal Government.
            ``(2) Performance.--One or more of the parties to the 
        agreement may perform the acquisition, design, construction, 
        management, or operation of a dredged material processing, 
        treatment, contaminant reduction, or disposal facility.
            ``(3) Multiple federal projects.--If appropriate, the 
        Secretary may combine portions of separate Federal projects 
        with appropriate combined cost-sharing between the various 
        projects, if the facility serves to manage dredged material 
        from multiple Federal projects located in the geographic region 
        of the facility.
            ``(4) Public financing.--
                    ``(A) Agreements.--
                            ``(i) Specified federal funding sources and 
                        cost sharing.--The cost-sharing agreement used 
                        shall clearly specify--
                                    ``(I) the Federal funding sources 
                                and combined cost-sharing when 
                                applicable to multiple Federal 
                                navigation projects; and
                                    ``(II) the responsibilities and 
                                risks of each of the parties related to 
                                present and future dredged material 
                                managed by the facility.
                            ``(ii) Management of sediments.--
                                    ``(I) In general.--The cost-sharing 
                                agreement may include the management of 
                                sediments from the maintenance dredging 
                                of Federal navigation projects that do 
                                not have partnerships agreements.
                                    ``(II) Payments.--The cost-sharing 
                                agreement may allow the non-Federal 
                                interest to receive reimbursable 
                                payments from the Federal Government 
                                for commitments made by the non-Federal 
                                interest for disposal or placement 
                                capacity at dredged material treatment, 
                                processing, contaminant reduction, or 
                                disposal facilities.
                            ``(iii) Credit.--The cost-sharing agreement 
                        may allow costs incurred prior to execution of 
                        a partnership agreement for construction or the 
                        purchase of equipment or capacity for the 
                        project to be credited according to existing 
                        cost-sharing rules.
                    ``(B) Credit.--
                            ``(i) Effect on existing agreements.--
                        Nothing in this subsection supersedes or 
                        modifies an agreement in effect on the date of 
                        enactment of this paragraph between the Federal 
                        Government and any other non-Federal interest 
                        for the cost-sharing, construction, and 
                        operation and maintenance of a Federal 
                        navigation project.
                            ``(ii) Credit for funds.--Subject to the 
                        approval of the Secretary and in accordance 
                        with law (including regulations and policies) 
                        in effect on the date of enactment of this 
                        paragraph, a non-Federal public interest of a 
                        Federal navigation project may seek credit for 
                        funds provided for the acquisition, design, 
                        construction, management, or operation of a 
                        dredged material processing, treatment, or 
                        disposal facility to the extent the facility is 
                        used to manage dredged material from the 
                        Federal navigation project.
                            ``(iii) Non-federal interest 
                        responsibilities.--The non-Federal interest 
                        shall--
                                    ``(I) be responsible for providing 
                                all necessary land, easement rights-of-
                                way, or relocations associated with the 
                                facility; and
                                    ``(II) receive credit for those 
                                items.''; and
            (3) in paragraphs (1) and (2)(A) of subsection (d) (as so 
        redesignated)--
                    (A) by inserting ``and maintenance'' after 
                ``operation'' each place it appears; and
                    (B) by inserting ``processing, treatment, or'' 
                after ``dredged material'' the first place it appears 
                in each of those paragraphs.

SEC. 2255. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL TOWNSHIP, OHIO.

    Increased operation and maintenance activities for the Toussaint 
River Federal Navigation Project, Carroll Township, Ohio, that are 
carried out in accordance with section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577) and relate directly to the presence of 
unexploded ordnance, shall be carried out at full Federal expense.

SEC. 2256. ESSAYONS AND YAQUINA DREDGES, OREGON.

    (a) Elimination of Restrictions on Use.--
            (1) In general.--Notwithstanding the provisions of law 
        referred to in paragraph (2), all restrictions in effect on the 
        date of enactment of this Act on the use of the Essayons and 
        Yaquina dredges of the Corps of Engineers (or their successors) 
        (referred to in this section as ``the dredges'') to maintain 
        and improve the ports, harbors, and channels of the Pacific 
        coast are null and void.
            (2) Other provisions of law.--The provisions referred to in 
        this paragraph are--
                    (A) section 3 of the Act of August 11, 1888 (33 
                U.S.C. 622);
                    (B) section 8 of the Act of March 2, 1919 (commonly 
                known as the ``Rivers and Harbors Appropriation Act of 
                1919'') (33 U.S.C. 624);
                    (C) the Water Resources Development Act of 1996 
                (110 Stat. 3658);
                    (D) the Energy and Water Development Appropriations 
                Act, 2002 (115 Stat. 486); and
                    (E) any other contrary law (including regulations 
                and policies).
    (b) Use of Dredges.--The Secretary shall use the dredges, to the 
maximum extent practicable, without restriction as to days worked or 
volume of material dredged, and in the manner most beneficial to and 
cost-effective for the taxpayers of the United States, to maintain and 
improve the ports, harbors, and channels of the Pacific coast.
    (c) Maintenance.--The Secretary shall maintain the dredges to 
technologically modern and efficient standards (including replacement, 
as necessary) in order to keep the dredges fully operational and to 
meet the dredging needs of the ports, harbors, and channels of the 
Pacific coast.

SEC. 2257. CEDAR BAYOU, TEXAS.

    Section 349(a)(2) of the Water Resources Development Act of 2000 
(114 Stat. 2632) is amended by striking ``except that the project is 
authorized only for construction of a navigation channel 12 feet deep 
by 125 feet wide'' and inserting ``except that the project is 
authorized for construction of a navigation channel that is 10 feet 
deep by 100 feet wide''.

SEC. 2258. GULF INTRACOASTAL WATERWAY, BRAZOS RIVER TO PORT O'CONNOR, 
              TEXAS.

    The project for navigation, Gulf Intracoastal Waterway, Sabine 
River to Corpus Christi, Texas, authorized by the first section of the 
Act of March 3, 1925 (43 Stat. 1186, chapter 467) (commonly known as 
the ``River and Harbor Act of 1925''), and the first section of the Act 
of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the 
``River and Harbor Act of 1927''), is modified further to authorize the 
Secretary to construct the realignment of a portion of the channel from 
approximately channel mile 454 to approximately channel mile 473, 
Matagorda Bay, Gulf Intracoastal Waterway, Texas, to provide for safer 
navigation, substantially in accordance with the recommendations of the 
report of the Chief of Engineers, GIWW, Brazos River to Port O'Connor, 
Matagorda Bay Reroute, Texas, dated December 24, 2002, at a total cost 
of $14,515,000, with a first Federal cost of $14,515,000.

SEC. 2259. GULF INTRACOASTAL WATERWAY, HIGH ISLAND TO BRAZOS RIVER, 
              TEXAS.

    The project for navigation, Gulf Intracoastal Waterway, Sabine 
River to Corpus Christi, Texas, authorized by the first section of the 
Act of March 3, 1925 (43 Stat. 1186, chapter 467) (commonly known as 
the ``River and Harbor Act of 1925''), and the first section of the Act 
of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the 
``River and Harbor Act of 1927''), is modified further to authorize the 
Secretary to construct the realignment of the portion of the channel 
from High Island to Brazos River, Texas, substantially in accordance 
with the recommendations of the report of the Chief of Engineers dated 
April 16, 2004, at a total cost of $12,326,000, with a first Federal 
cost of $12,236,000.

SEC. 2260. TANGIER ISLAND SEAWALL, VIRGINIA.

    Section 577(a) of the Water Resources Development Act of 1996 (110 
Stat. 3789) is amended by striking ``at a total cost of $1,200,000, 
with an estimated Federal cost of $900,000 and an estimated non-Federal 
cost of $300,000.'' and inserting ``at a total cost of $3,000,000, with 
an estimated Federal cost of $2,400,000 and an estimated non-Federal 
cost of $600,000.''.

SEC. 2261. LOWER GRANITE POOL, WASHINGTON.

    (a) Extinguishment of Reversionary Interests and Use 
Restrictions.--With respect to property covered by each deed described 
in subsection (b)--
            (1) the reversionary interests and use restrictions 
        relating to port or industrial purposes are extinguished;
            (2) the human habitation or other building structure use 
        restriction is extinguished in each area in which the elevation 
        is above the standard project flood elevation; and
            (3) the use of fill material to raise low areas above the 
        standard project flood elevation is authorized, except in any 
        low area constituting wetland for which a permit under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        would be required for the use of fill material.
    (b) Deeds.--The deeds referred to in subsection (a) are as follows:
            (1) Auditor's File Numbers 432576, 443411, and 579771 of 
        Whitman County, Washington.
            (2) Auditor's File Numbers 125806, 138801, 147888, 154511, 
        156928, and 176360 of Asotin County, Washington.
    (c) No Effect on Other Rights.--Nothing in this section affects any 
remaining rights and interests of the Corps of Engineers for authorized 
project purposes in or to property covered by a deed described in 
subsection (b).

                     Subchapter C--Deauthorizations

SEC. 2271. BRIDGEPORT HARBOR, CONNECTICUT.

    (a) In General.--The portion of the project for navigation, 
Bridgeport Harbor, Connecticut, authorized by the Act of July 3, 1930 
(46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River 
and described in subsection (b), is not authorized.
    (b) Description of Project.--The project referred to in subsection 
(a) is described as beginning at a point along the eastern limit of the 
existing project, N. 123,649.75, E. 481,920.54, thence running 
northwesterly about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 
thence running northeasterly about 1,442.21 feet to a point N. 
125,030.08, E. 482,394.96, thence running northeasterly about 139.52 
feet to a point along the east limit of the existing channel, N. 
125,133.87, E. 482,488.19, thence running southwesterly about 1,588.98 
feet to the point of origin.

SEC. 2272. MUSCATINE HARBOR, IOWA.

    The project for navigation at the Muscatine Harbor on the 
Mississippi River at Muscatine, Iowa, authorized by section 101 of the 
River and Harbor Act of 1950 (64 Stat. 166), is not authorized.

SEC. 2273. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.

    The project for navigation improvement for Bayou LaFourche and 
LaFourche Jump, Louisiana, authorized by the Act of August 30, 1935 (49 
Stat. 1033, chapter 831) and the River and Harbor Act of 1960 (74 Stat. 
481), is not authorized.

SEC. 2274. NORTHEAST HARBOR, MAINE.

    The project for navigation, Northeast Harbor, Maine, authorized by 
section 2 of the Act of March 2, 1945 (59 Stat. 12, chapter 19), is not 
authorized.

SEC. 2275. TENANTS HARBOR, MAINE.

    The project for navigation, Tenants Harbor, Maine, authorized by 
the first section of the Act of March 2, 1919 (40 Stat. 1275, chapter 
95), is not authorized.

SEC. 2276. GRAND HAVEN HARBOR, MICHIGAN.

    The project for navigation, Grand Haven Harbor, Michigan, 
authorized by section 202(a) of the Water Resources Development Act of 
1986 (100 Stat. 4093), is not authorized.

SEC. 2277. GREENVILLE HARBOR, MISSISSIPPI.

    The project for navigation, Greenville Harbor, Mississippi, 
authorized by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4142), is not authorized.

SEC. 2278. NEW YORK HARBOR AND ADJACENT CHANNELS, CLAREMONT TERMINAL, 
              JERSEY CITY, NEW JERSEY.

    The project for navigation, New York Harbor and adjacent channels, 
Claremont Terminal, Jersey City, New Jersey, authorized by section 
202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098), 
is not authorized.

SEC. 2279. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

    The project for navigation, Olcott Harbor, Lake Ontario, New York, 
authorized by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4143), is not authorized.

SEC. 2280. OUTER HARBOR, BUFFALO, NEW YORK.

    The project for navigation, Outer Harbor, Buffalo, New York, 
authorized by section 110 of the Water Resources Development Act of 
1992 (106 Stat. 4817), is not authorized.

SEC. 2281. MANTEO BAY, NORTH CAROLINA.

    The project for navigation, Manteo (Shallowbag) Bay, North Carolina 
(Oregon Inlet), authorized by section 101 of the River and Harbor Act 
of 1970 (84 Stat. 1818), is not authorized.

SEC. 2282. CLEVELAND HARBOR 1958 ACT, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion), 
Ohio, authorized by section 101 of the River and Harbor Act of 1958 (72 
Stat. 299), is not authorized.

SEC. 2283. CLEVELAND HARBOR 1960 ACT, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion), 
Ohio, authorized by section 101 of the River and Harbor Act of 1960 (74 
Stat. 482), is not authorized.

SEC. 2284. CLEVELAND HARBOR, UNCOMPLETED PORTION OF CUT #4, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion 
of Cut #4), Ohio, authorized by the first section of the Act of July 
24, 1946 (60 Stat. 636, chapter 595), is not authorized.

SEC. 2285. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAMMOND, OREGON.

    The project for the Columbia River, Seafarers Memorial, Hammond, 
Oregon, authorized by title I of the Energy and Water Development 
Appropriations Act, 1991 (104 Stat. 2078), is not authorized.

SEC. 2286. DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA TO TRENTON, NEW 
              JERSEY.

    The project for navigation, Delaware River, Philadelphia, 
Pennsylvania to Trenton, New Jersey (Tioga Marine Terminal), authorized 
under section 201 of the River and Harbor Act of 1965 and the Flood 
Control Act of 1965 (Public Law 89-298), is not authorized.

SEC. 2287. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE ISLAND.

    The project for navigation, Narragansett Town Beach, Narragansett, 
Rhode Island, authorized by section 361 of the Water Resources 
Development Act of 1992 (106 Stat. 4861), is not authorized.

SEC. 2288. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

    The project for bulkhead repairs, Quonset Point-Davisville, Rhode 
Island, authorized by section 571 of the Water Resources Development 
Act of 1996 (110 Stat. 3788), is not authorized.

          TITLE III--FLOOD AND COASTAL STORM DAMAGE REDUCTION

                   Subtitle A--Flood Damage Reduction

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 3001. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL 
              INTERESTS.

    Section 211(e)(6) of the Water Resources Development Act of 1996 
(33 U.S.C. 701b-13(e)(6)) is amended by adding at the end following:
                    ``(E) Budget priority.--
                            ``(i) In general.--Budget priority for 
                        projects under this section shall be 
                        proportionate to the percentage of project 
                        completion.
                            ``(ii) Completed project.--A completed 
                        project shall have the same priority as a 
                        project with a contractor on site.''.

               CHAPTER 2--CONTINUING AUTHORITIES PROGRAMS

SEC. 3101. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT SHORES AND 
              STREAMBANKS.

    Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$1,000,000'' and inserting 
        ``$1,500,000''.

                           CHAPTER 3--STUDIES

SEC. 3201. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

    The Secretary shall carry out a study for bank stabilization and 
shore protection for Nicholas Canyon, Los Angeles, California, under 
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).

SEC. 3202. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. HELENA, 
              CALIFORNIA.

    (a) In General.--The Secretary shall review the project for flood 
control and environmental restoration at St. Helena, California, 
generally in accordance with Enhanced Minimum Plan A, as described in 
the Final Environmental Impact Report prepared by the city of St. 
Helena, California, and certified by the city to be in compliance with 
the California Environmental Quality Act on February 24, 2004.
    (b) Cost Sharing.--Cost sharing for the project described in 
subsection (a) shall be in accordance with section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213).

SEC. 3203. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, SHERMAN 
              ISLAND, CALIFORNIA.

    The Secretary shall--
            (1) carry out a study of the feasibility of a project to 
        use Sherman Island, California, as a dredged material 
        rehandling facility for the beneficial use of dredged material 
        to enhance the environment and meet other water resource needs 
        on the Sacramento-San Joaquin Delta, California, under section 
        204 of the Water Resources Development Act of 1992 (33 U.S.C. 
        2326); and
            (2) if the Secretary determines that the project described 
        in paragraph (1) is feasible, carry out the project.

SEC. 3204. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.

    In carrying out the feasibility phase of the South San Francisco 
Bay shoreline study, the Secretary shall use planning and design 
documents prepared by the California State Coastal Conservancy, the 
Santa Clara Valley Water District, and other local interests, in 
cooperation with the Corps of Engineers (who shall provide technical 
assistance to the local interests), as the basis for recommendations to 
Congress for authorization of a project to provide for flood protection 
of the South San Francisco Bay shoreline and restoration of the South 
San Francisco Bay salt ponds.

SEC. 3205. LAKE ERIE AT LUNA PIER, MICHIGAN.

    The Secretary shall study the feasibility of storm damage reduction 
and beach erosion protection and other related purposes along Lake Erie 
at Luna Pier, Michigan.

SEC. 3206. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, OHIO.

    The Secretary shall--
            (1) carry out study of the feasibility of a project for 
        navigation improvements, shoreline protection, and other 
        related purposes, including the rehabilitation the harbor basin 
        (including entrance breakwaters), interior shoreline 
        protection, dredging, and the development of a public launch 
        ramp facility, for Middle Bass Island State Park, Middle Bass 
        Island, Ohio; and
            (2) if the Secretary determines that the project described 
        in paragraph (1) is feasible, carry out the project.

                          CHAPTER 4--PROJECTS

                      Subchapter A--Authorizations

SEC. 3301. TANQUE VERDE CREEK PROJECT, PIMA COUNTY, ARIZONA.

    The Secretary may construct the project for flood control, bank 
protection, and habitat preservation and mitigation, Tanque Verde 
Creek, Rillito River and tributaries, Pima County, Arizona, at an 
estimated total cost of $4,878,000, with an estimated Federal cost of 
$3,170,700 and an estimated non-Federal cost of $1,707,300, in 
accordance with the recommendations of the report of the Chief of 
Engineers dated July 22, 2003.

SEC. 3302. HAMILTON CITY, CALIFORNIA.

    The Secretary may carry out the Hamilton City, California project 
for flood damage reduction and ecosystem restoration at a total cost of 
$47,820,000, with an estimated Federal cost of $31,083,000 and 
estimated non-Federal cost of $16,737,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a favorable report of the Chief 
for the project is completed not later than December 31, 2004.

SEC. 3303. MIDDLE CREEK, LAKE COUNTY, CALIFORNIA.

    The Secretary may carry out the project for flood damage reduction 
and ecosystem restoration, Middle Creek, Lake County, California, at a 
total cost of $38,690,000, with an estimated Federal cost of 
$25,233,000 and an estimated non-Federal cost of $13,457,000, 
substantially in accordance with the plans, and subject to the 
conditions, recommended in a final report of the Chief of Engineers, if 
a favorable report of the Chief is completed not later than December 
31, 2004.

SEC. 3304. INDIAN RIVER LAGOON, SOUTH FLORIDA.

    (a) Indian River Lagoon.--The Secretary may carry out the project 
for ecosystem restoration, water supply, flood control, and protection 
of water quality, Indian River Lagoon, South Florida, at a total cost 
of $1,207,288,000, with an estimated first Federal cost of $603,644,000 
and an estimated first non-Federal cost of $603,644,000, in accordance 
with section 601 of the Water Resources Development Act of 2000 (114 
Stat. 2680), in accordance with the recommendations of the report of 
the Chief of Engineers, dated August 6, 2004.
    (b) Deauthorizations.--As of the date of enactment of this Act, the 
following projects are not authorized:
            (1) The uncompleted portions of the project authorized by 
        section 601(b)(2)(C)(i) of the Water Resources Development Act 
        of 2000 (114 Stat. 2682), C-44 Basin Storage Reservoir of the 
        Comprehensive Everglades Restoration Plan, at a total cost of 
        $112,562,000, with an estimated Federal cost of $56,281,000 and 
        an estimated non-Federal cost of $56,281,000.
            (2) The uncompleted portions of the project authorized by 
        section 203 of the Flood Control Act of 1968 (82 Stat. 740), 
        Martin County, Florida modifications to the Central and South 
        Florida Project, as contained in Senate Document 101, 90th 
        Congress, 2d Session, at a total cost of $15,471,000, with an 
        estimated Federal cost of $8,073,000 and an estimated non-
        Federal cost of $7,398,000.
            (3) The uncompleted portions of the project authorized by 
        section 203 of the Flood Control Act of 1968 (82 Stat. 740), 
        East Coast Backpumping, St. Lucie--Martin County, Spillway 
        Structure S-311 of the Central and South Florida Project, as 
        contained in House Document 369, 90th Congress, 2d Session, at 
        a total cost of $77,118,000, with an estimated Federal cost of 
        $55,124,000 and an estimated non-Federal cost of $21,994,000.

SEC. 3305. PICAYUNE STRAND ECOSYSTEM RESTORATION, COLLIER COUNTY, 
              FLORIDA.

    The Secretary may carry out the project for ecosystem restoration, 
Picayune Strand, Collier County, Florida, at a total cost of 
$362,612,000, with an estimated Federal cost of $181,306,000 and an 
estimated non-Federal cost of $181,306,000, in accordance with section 
601 of the Water Resources Development Act of 2000 (114 Stat. 2680), 
substantially in accordance with the project implementation report for 
the project, and subject to the conditions recommended in a final 
report of the Chief of Engineers, if a favorable report of the Chief is 
completed not later than December 31, 2004.

SEC. 3306. SWOPE PARK INDUSTRIAL AREA, MISSOURI.

    The Secretary may construct the project for flood damage reduction, 
Swope Park Industrial Area, Missouri, in accordance with the 
recommendations of the report of the Chief of Engineers dated December 
30, 2003, at an estimated cost of $14,987,000, with an estimated 
Federal cost of $9,742,000 and an estimated non-Federal cost of 
$5,245,000.

SEC. 3307. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.

    The Secretary may carry out the project for flood damage reduction, 
Southwest Valley, Albuquerque, New Mexico, at a total cost of 
$17,500,000, with an estimated Federal cost of $11,400,000 and an 
estimated non-Federal cost of $6,100,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a final favorable report of the 
Chief for the project is completed not later than December 31, 2004.

                      Subchapter B--Modifications

SEC. 3311. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

    (a) In General.--The project for flood control, St. Francis River 
Basin, Arkansas, and Missouri, authorized the Act of June 15, 1936 (49 
Stat. 1508, chapter 548), as modified, is further modified to authorize 
the Secretary to undertake channel stabilization and sediment removal 
measures on the St. Francis River and tributaries as an integral part 
of the original project.
    (b) No Separable Element.--The measures undertaken under subsection 
(a) shall not be considered to be a separable element of the project.

SEC. 3312. AUGUSTA AND CLARENDON, ARKANSAS.

    The Secretary may carry out rehabilitation of authorized and 
completed levees on the White River between Augusta and Clarendon, 
Arkansas, at a total estimated cost of $8,000,000, with an estimated 
Federal cost of $5,200,000 and an estimated non-Federal cost of 
$2,800,000.

SEC. 3313. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND MISSOURI.

    (a) In General.--The Secretary shall convey to the State of 
Arkansas, without monetary consideration and subject to subsection (b), 
all right, title, and interest to land within the State acquired by the 
Federal Government as mitigation land for the project for flood 
control, St. Francis Basin, Arkansas and Missouri Project, authorized 
by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly known as 
the ``Flood Control Act of 1928'').
    (b) Terms and Conditions.--
            (1) In general.--The conveyance by the United States under 
        this section shall be subject to--
                    (A) the condition that the State of Arkansas 
                (including the successors and assigns of the State) 
                agree to operate, maintain, and manage the land at no 
                cost or expense to the United States and for fish and 
                wildlife, recreation, and environmental purposes; and
                    (B) such other terms and conditions as the 
                Secretary determines to be in the interest of the 
                United States.
            (2) Reversion.--If the State (or a successor or assign of 
        the State) ceases to operate, maintain, and manage the land in 
        accordance with this subsection, all right, title, and interest 
        in and to the property shall revert to the United States, at 
        the option of the Secretary.

SEC. 3314. RED-OUACHITA RIVER BASIN, ARKANSAS AND LOUISIANA.

    Section 204 of the Flood Control Act of 1950 (64 Stat. 170) is 
amended in the matter under the heading ``red-ouachita river basin'' by 
striking ``at Calion, Arkansas'' and inserting ``improvements at 
Calion, Arkansas (including authorization for the comprehensive flood-
control project for Ouachita River and tributaries, incorporating in 
the project all flood control, drainage, and power improvements in the 
basin above the lower end of the left bank Ouachita River levee)''.

SEC. 3315. CACHE CREEK BASIN, CALIFORNIA.

    (a) In General.--The project for flood control, Cache Creek Basin, 
California, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4112), is modified to direct the 
Secretary to mitigate the impacts of the new south levee of the Cache 
Creek settling basin on the storm drainage system of the city of 
Woodland, including all appurtenant features, erosion control measures, 
and environmental protection features.
    (b) Objectives.--Mitigation under subsection (a) shall restore the 
pre-project capacity of the city (1,360 cubic feet per second) to 
release water to the Yolo Bypass, including--
            (1) channel improvements;
            (2) an outlet work through the west levee of the Yolo 
        Bypass; and
            (3) a new low flow cross channel to handle city and county 
        storm drainage and settling basin flows (1,760 cubic feet per 
        second) when the Yolo Bypass is in a low flow condition.

SEC. 3316. LLAGAS CREEK, CALIFORNIA.

    The project for flood damage reduction, Llagas Creek, California, 
authorized by section 501(a) of the Water Resources Development Act of 
1999 (113 Stat. 333), is modified to authorize the Secretary to 
complete the project, in accordance with the requirements of local 
cooperation as specified in section 5 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1005), at a total remaining cost of 
$95,000,000, with an estimated remaining Federal cost of $55,000,000, 
and an estimated remaining non-Federal cost of $40,000,000.

SEC. 3317. MAGPIE CREEK, CALIFORNIA.

    (a) In General.--Subject to subsection (b), the project for Magpie 
Creek, California, authorized under section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s), is modified to direct the Secretary to 
apply the cost-sharing requirements applicable to nonstructural flood 
control under section 103(b) of the Water Resources Development Act of 
1986 (100 Stat. 4085) for the portion of the project consisting of land 
acquisition to preserve and enhance existing floodwater storage.
    (b) Crediting.--The crediting allowed under subsection (a) shall 
not exceed the non-Federal share of the cost of the project.

SEC. 3318. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA.

    (a) In General.--The Secretary shall credit toward that portion of 
the non-Federal share of the costs of the flood damage reduction 
project authorized by section 101(a)(6)(A) of the Water Resources 
Development Act of 1999 (113 Stat. 274) that is to be paid by the 
Sacramento Area Flood Control Agency an amount equal to the Federal 
share of the flood control project authorized by section 9159 of the 
Department of Defense Appropriations Act, 1993 (106 Stat. 1944).
    (b) Federal Share.--In determining the Federal share of the project 
authorized by section 9159(b) of that Act, the Secretary shall include 
all audit verified costs for planning, engineering, construction, 
acquisition of project land, easements, right-of-way, relocations, and 
environmental, mitigation for all project elements that the Secretary 
determines to be cost-effective.
    (c) Amount Credited.--The amount credited shall be equal to the 
Federal share determined under this section, reduced by the total of 
all reimbursements paid to the non-Federal interests for work under 
section 9159(b) of that Act before the date of enactment of this Act.

SEC. 3319. UPPER GUADALUPE RIVER, CALIFORNIA.

    The project for flood damage reduction and recreation, Upper 
Guadalupe River, California, authorized by section 101(a)(9) of the 
Water Resources Development Act of 1999 (113 Stat. 275), is modified to 
authorize the Secretary to construct the project at a total cost of 
$212,100,000, with an estimated Federal cost of $98,800,000 and a non-
Federal cost of $113,300,000.

SEC. 3320. YUBA RIVER BASIN PROJECT, CALIFORNIA.

    The project for flood damage reduction, Yuba River Basin, 
California, authorized by section 101(a)(10) of the Water Resources 
Development Act of 1999 (113 Stat. 275), is modified to authorize the 
Secretary to construct the project at a total cost of $107,700,000, 
with an estimated Federal share of $70,000,000 and a non-Federal share 
of $37,700,000.

SEC. 3321. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

    (a) In General.--The Secretary shall carry out additional general 
construction measures to allow for operation at lower pool levels to 
satisfy the recreation mission at Dworshak Dam, Idaho.
    (b) Improvements.--In carrying out subsection (a), the Secretary 
shall provide for appropriate improvements to--
            (1) facilities that are operated by the Corps of Engineers; 
        and
            (2) facilities that, as of the date of enactment of this 
        Act, are leased, permitted, or licensed for use by others.
    (c) Cost Sharing.--The Secretary shall carry out this section 
through a cost-sharing program with Idaho State Parks and Recreation 
Department, with a total estimated project cost of $5,300,000, with an 
estimated Federal cost of $3,900,000 and an estimated non-Federal cost 
of $1,400,000.

SEC. 3322. LITTLE WOOD RIVER, GOODING, IDAHO.

    The project for flood control, Gooding, Idaho, as constructed under 
the emergency conservation work program established under the Act of 
March 31, 1933 (16 U.S.C. 585 et seq.) is modified to--
            (1) direct the Secretary to rehabilitate the Gooding 
        Channel Project for the purposes of flood control and ecosystem 
        restoration, if the Secretary determines that the 
        rehabilitation and ecosystem restoration is feasible;
            (2) authorize and direct the Secretary to plan, design, and 
        construct the project at a total cost of $9,000,000;
            (3) authorize the non-Federal interest to provide any 
        portion of the non-Federal share of the cost of the project in 
        the form of services, materials, supplies, or other in-kind 
        contributions;
            (4) authorize the non-Federal interest to use funds made 
        available under any other Federal program toward the non-
        Federal share of the cost of the project if the use of the 
        funds is permitted under the other Federal program; and
            (5) direct the Secretary, in calculating the non-Federal 
        share of the cost of the project, to make a determination under 
        section 103(m) of the Water Resources Development Act of 1986 
        (33 U.S.C. 2213(m)) on the ability to pay of the non-Federal 
        interest.

SEC. 3323. CACHE RIVER LEVEE, ILLINOIS.

    The Cache River Levee created for flood control at the Cache River, 
Illinois, and authorized under the Act of June 28, 1938 (52 Stat. 1215, 
chapter 795), is modified to add environmental restoration as a project 
purpose.

SEC. 3324. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS 
              RECONSTRUCTION PILOT PROGRAM.

    (a) Definition of Reconstruction.--In this section:
            (1) In general.--The term ``reconstruction'' means any 
        action taken to address 1 or more major deficiencies of a 
        project caused by long-term degradation of the foundation, 
        construction materials, or engineering systems or components of 
        the project, the results of which render the project at risk of 
        not performing in compliance with the authorized purposes of 
        the project.
            (2) Inclusions.--The term ``reconstruction'' includes the 
        incorporation by the Secretary of current design standards and 
        efficiency improvements in a project if the incorporation does 
        not significantly change the authorized scope, function, or 
        purpose of the project.
    (b) Participation by Secretary.--The Secretary may participate in 
the reconstruction of flood control projects within Missouri and 
Illinois as a pilot program if the Secretary determines that such 
reconstruction is not required as a result of improper operation and 
maintenance by the non-Federal interest.
    (c) Cost Sharing.--
            (1) In general.--Costs for reconstruction of a project 
        under this section shall be shared by the Secretary and the 
        non-Federal interest in the same percentages as the costs of 
        construction of the original project were shared.
            (2) Operation, maintenance, and repair costs.--The costs of 
        operation, maintenance, repair, and rehabilitation of a project 
        carried out under this section shall be a non-Federal 
        responsibility.
    (d) Critical Projects.--In carrying out this section, the Secretary 
shall give priority to the following projects:
            (1) Clear Creek Drainage and Levee District, Illinois.
            (2) Fort Chartres and Ivy Landing Drainage District, 
        Illinois.
            (3) Wood River Drainage and Levee District, Illinois.
            (4) City of St. Louis, Missouri.
            (5) Missouri River Levee Drainage District, Missouri.
    (e) Economic Justification.--Reconstruction efforts and activities 
carried out under this section shall not require economic 
justification.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000, to remain available 
until expended.

SEC. 3325. SPUNKY BOTTOM, ILLINOIS.

    (a) In General.--The project for flood control, Illinois and Des 
Plaines River Basin, between Beardstown, Illinois, and the mouth of the 
Illinois River, authorized by section 5 of the Act of June 22, 1936 (49 
Stat. 1583, chapter 688), is modified to authorize ecosystem 
restoration as a project purpose.
    (b) Modifications.--
            (1) In general.--Subject to paragraph (2), notwithstanding 
        the limitation on the expenditure of Federal funds to carry out 
        project modifications in accordance with section 1135 of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2309a), 
        modifications to the project referred to in subsection (a) 
        shall be carried out at Spunky Bottoms, Illinois, in accordance 
        with subsection (a).
            (2) Federal share.--Not more than $7,500,000 in Federal 
        funds may be expended under this section to carry out 
        modifications to the project referred to in subsection (a).
            (3) Post-construction monitoring and management.--Of the 
        Federal funds expended under paragraph (2), not less than 
        $500,000 shall remain available for a period of 5 years after 
        the date of completion of construction of the modifications for 
        use in carrying out post-construction monitoring and adaptive 
        management.
    (c) Emergency Repair Assistance.--Notwithstanding any modifications 
carried out under subsection (b), the project described in subsection 
(a) shall remain eligible for emergency repair assistance under section 
5 of the Act of August 18, 1941 (33 U.S.C. 701n), without consideration 
of economic justification.

SEC. 3326. CUMBERLAND, MARYLAND.

    Section 580(a) of the Water Resources Development Act of 1999 (113 
Stat. 375) is amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$25,750,000'';
            (2) by striking ``$9,750,000'' and inserting 
        ``$16,738,000''; and
            (3) by striking ``$5,250,000'' and inserting 
        ``$9,012,000''.

SEC. 3327. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 2 
        parcels of Corps of Engineers land totaling approximately 42 
        acres, located on Buffalo Island in Pike County, Missouri, and 
        consisting of Government Tract Numbers MIs-7 and a portion of 
        FM-46.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 42 acres of land, subject to any existing 
        flowage easements situated in Pike County, Missouri, upstream 
        and northwest, about 200 feet from Drake Island (also known as 
        Grimes Island).
    (b) Land Exchange.--Subject to subsection (c), on conveyance by 
S.S.S., Inc., to the United States of all right, title, and interest in 
and to the non-Federal land, the Secretary shall convey to S.S.S., 
Inc., all right, title, and interest of the United States in and to the 
Federal land.
    (c) Conditions.--
            (1) Deeds.--
                    (A) Non-federal land.--The conveyance of the non-
                Federal land to the Secretary shall be by a warranty 
                deed acceptable to the Secretary.
                    (B) Federal land.--The conveyance of the Federal 
                land to S.S.S., Inc., shall be--
                            (i) by quitclaim deed; and
                            (ii) subject to any reservations, terms, 
                        and conditions that the Secretary determines to 
                        be necessary to allow the United States to 
                        operate and maintain the Mississippi River 9-
                        Foot Navigation Project.
                    (C) Legal descriptions.--The Secretary shall, 
                subject to approval of S.S.S., Inc., provide a legal 
                description of the Federal land and non-Federal land 
                for inclusion in the deeds referred to in subparagraphs 
                (A) and (B).
            (2) Removal of improvements.--
                    (A) In general.--The Secretary may require the 
                removal of, or S.S.S., Inc., may voluntarily remove, 
                any improvements to the non-Federal land before the 
                completion of the exchange or as a condition of the 
                exchange.
                    (B) No liability.--If S.S.S., Inc., removes any 
                improvements to the non-Federal land under subparagraph 
                (A)--
                            (i) S.S.S., Inc., shall have no claim 
                        against the United States relating to the 
                        removal; and
                            (ii) the United States shall not incur or 
                        be liable for any cost associated with the 
                        removal or relocation of the improvements.
            (3) Administrative costs.--The Secretary shall require 
        S.S.S., Inc. to pay reasonable administrative costs associated 
        with the exchange.
            (4) Cash equalization payment.--If the appraised fair 
        market value, as determined by the Secretary, of the Federal 
        land exceeds the appraised fair market value, as determined by 
        the Secretary, of the non-Federal land, S.S.S., Inc., shall 
        make a cash equalization payment to the United States.
            (5) Deadline.--The land exchange under subsection (b) shall 
        be completed not later than 2 years after the date of enactment 
        of this Act.

SEC. 3328. LAKE GIRARD LAKE DAM, OHIO.

    Section 507(1) of the Water Resources Development Act of 1996 (110 
Stat. 3758) is amended--
            (1) by striking ``$2,500,000'' and inserting 
        ``$5,500,000''; and
            (2) by adding before the period at the end the following: 
        ``(which repair and rehabilitation may include lowering the 
        crest of the Dam by not more than 12.5 feet)''.

SEC. 3329. UNIVERSITY OF OREGON MUSEUM OF NATURAL HISTORY, OREGON.

    (a) In General.--The Secretary shall pay not more than $2,500,000 
to the provider of research and curation support previously provided to 
the Federal Government as a result of--
            (1) the multipurpose project at John Day Lock and Dam, Lake 
        Umatilla, Oregon and Washington, authorized by section 101 of 
        the River and Harbor Act of 1950 (64 Stat. 167); and
            (2) the several navigation and flood damage reduction 
        projects constructed on the Columbia River and Lower Willamette 
        River, Oregon and Washington.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000.

SEC. 3330. TIOGA TOWNSHIP, PENNSYLVANIA.

    (a) In General.--The Secretary shall convey by quitclaim deed to 
the Tioga Township, Pennsylvania, without consideration, all right, 
title, and interest in and to the parcel of real property located on 
the northeast end of Tract No. 226, a portion of the Tioga-Hammond 
Lakes Floods Control Project, Tioga County, Pennsylvania, consisting of 
approximately 8 acres, together with any improvements on that property, 
in as-is condition, for public ownership and use as the site of the 
administrative offices and road maintenance complex for the Township.
    (b) Survey To Obtain Legal Description.--The exact acreage and the 
legal description of the real property described in subsection (a) 
shall be determined by a survey that is satisfactory to the Secretary.
    (c) Reservation of Interests.--The Secretary shall reserve such 
rights and interests in and to the property to be conveyed as the 
Secretary considers necessary to preserve the operational integrity and 
security of the Tioga-Hammond Lakes Flood Control Project.
    (d)  Reversion.--If the Secretary determines that the property 
conveyed under subsection (a) ceases to be held in public ownership, or 
to be used as a site for the Tioga Township administrative offices and 
road maintenance complex or for related public purposes, all right, 
title, and interest in and to the property shall revert to the United 
States, at the option of the United States.

SEC. 3331. HARRIS FORK CREEK, TENNESSEE AND KENTUCKY.

    Notwithstanding section 1001(b)(1) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a), the project for flood 
control, Harris Fork Creek, Tennessee and Kentucky, authorized by 
section 102 of the Water Resources Development Act of 1976 (33 U.S.C. 
701c note; 90 Stat. 2920) shall remain authorized to be carried out by 
the Secretary for a period of 7 years beginning on the date of 
enactment of this Act.

SEC. 3332. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

    The project for flood control, Nonconnah Creek, Tennessee and 
Mississippi, authorized by section 401 of the Water Resources 
Development Act of 1986 (100 Stat. 4124) and modified by the section 
334 of the Water Resources Development Act of 2000 (114 Stat. 2611), is 
modified to authorize the Secretary--
            (1) to reconstruct, at full Federal expense, the weir 
        originally constructed in the vicinity of the mouth of 
        Nonconnah Creek; and
            (2) to make repairs and maintain the weir in the future so 
        that the weir functions properly.

SEC. 3333. HARRIS COUNTY, TEXAS.

    Section 575(b) of the Water Resources Development Act of 1996 (110 
Stat. 3789; 113 Stat. 311) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding the following:
            ``(5) the project for flood control, Upper White Oak Bayou, 
        Texas, authorized by section 401(a) of the Water Resources 
        Development Act of 1986 (100 Stat. 4125).''.

SEC. 3334. CHEHALIS RIVER, CENTRALIA, WASHINGTON.

    The project for flood control, Centralia, Washington, authorized by 
section 401(a) of the Water Resources Development Act of 1986 (100 
Stat. 4126) is modified to be carried out at a total cost of 
$94,357,000, with a Federal cost of $56,467,000 and a non-Federal cost 
of $37,890,000, and shall be carried out by the Secretary substantially 
in accordance with the plans, and subject to conditions, recommended in 
a final report of the Chief of Engineers, if a favorable final report 
of the Chief is completed not later than December 31, 2004.

SEC. 3335. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, WASHINGTON.

    (a) In General.--The Lower Columbia River levees and bank 
protection works authorized by section 204 of the Flood Control Act of 
1950 (64 Stat. 178) is modified with regard to the Wahkiakum County 
diking districts No. 1 and 3, but without regard to any cost ceiling 
authorized before the date of enactment of this Act, to direct the 
Secretary to provide a 1-time placement of dredged material along 
portions of the Columbia River shoreline of Puget Island, Washington, 
between river miles 38 to 47, to protect economic and environmental 
resources in the area from further erosion.
    (b) Coordination and Cost-Sharing Requirements.--The Secretary 
shall carry out subsection (a)--
            (1) in coordination with appropriate resource agencies;
            (2) in accordance with all applicable Federal law 
        (including regulations); and
            (3) at full Federal expense.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

SEC. 3336. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

    The project for flood control at Milton, Vest Virginia, authorized 
by section 580 of the Water Resources Development Act of 1996 (110 
Stat. 3790), as modified by section 340 of the Water Resources 
Development Act of 2000 (114 Stat. 2612), is modified to authorize the 
Secretary to construct the project substantially in accordance with the 
draft report of the Corps of Engineers dated May 2004, at an estimated 
total cost of $45,500,000, with an estimated Federal cost of 
$34,125,000 and an estimated non-Federal cost of $11,375,000.

                     Subchapter C--Deauthorizations

SEC. 3341. LITTLE COVE CREEK, GLENCOE, ALABAMA.

    The project for flood damage reduction, Little Cove Creek, Glencoe, 
Alabama, authorized by the Supplemental Appropriations Act, 1985 (99 
Stat. 312), is not authorized.

SEC. 3342. WINSLOW, ARIZONA.

    The project for flood control, Little Colorado River, Winslow, 
Arizona, authorized by section 204 of the Flood Control Act of 1965 (79 
Stat. 1083), is not authorized.

SEC. 3343. GOLETA AND VICINITY, CALIFORNIA.

    The project for flood control, Goleta and Vicinity, California, 
authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 
1826), is not authorized.

SEC. 3344. SHINGLE CREEK BASIN, FLORIDA.

    The project for flood control, Central and Southern Florida 
Project, Shingle Creek Basin, Florida, authorized by section 203 of the 
Flood Control Act of 1962 (76 Stat. 1182), is not authorized.

SEC. 3345. BREVOORT, INDIANA.

    The project for flood control, Brevoort, Indiana, authorized under 
section 5 of the Flood Control Act of 1936 (49 Stat. 1587), is not 
authorized.

SEC. 3346. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

    The project for flood control, Middle Wabash, Greenfield Bayou, 
Indiana, authorized by section 10 of the Flood Control Act of 1946 (60 
Stat. 649), is not authorized.

SEC. 3347. LAKE GEORGE, HOBART, INDIANA.

    The project for flood damage reduction, Lake George, Hobart, 
Indiana, authorized by section 602 of the Water Resources Development 
Act of 1986 (100 Stat. 4148), is not authorized.

SEC. 3348. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.

    The project for flood damage reduction, Green Bay Levee and 
Drainage District No. 2, Iowa, authorized by section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4115), deauthorized 
in fiscal year 1991, and reauthorized by section 115(a)(1) of the Water 
Resources Development Act of 1992 (106 Stat. 4821), is not authorized.

SEC. 3349. EAGLE CREEK LAKE, KENTUCKY.

    The project for flood control and water supply, Eagle Creek Lake, 
Kentucky, authorized by section 203 of the Flood Control Act of 1962 
(76 Stat. 1188), is not authorized.

SEC. 3350. HAZARD, KENTUCKY.

    The project for flood damage reduction, Hazard, Kentucky, 
authorized by section 3 of the Water Resources Development Act of 1988 
(102 Stat. 4014) and section 108 of the Water Resources Development Act 
of 1990 (104 Stat. 4621), is not authorized.

SEC. 3351. TAYLORSVILLE LAKE, KENTUCKY.

    The recreation portion of the project for flood control, 
Taylorsville Lake, Kentucky, authorized by section 203 of the Flood 
Control Act of 1966 (80 Stat. 1421), is not authorized.

SEC. 3352. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

    The project for flood control, West Kentucky Tributaries, Kentucky, 
authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 
1081), section 201 of the Flood Control Act of 1970 (84 Stat. 1825), 
and section 401(b) of the Water Resources Development Act of 1986 (100 
Stat. 4129), is not authorized.

SEC. 3353. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

    The project for flood damage reduction, Bayou Cocodrie and 
Tributaries, Louisiana, authorized by section 3 of the of the Act 
entitled ``An Act authorizing the construction of certain public works 
on rivers and harbors for flood control, and for other purposes'', 
approved August 18, 1941 (55 Stat. 644), and section 1(a) of the Water 
Resources Development Act of 1974 (88 Stat. 12), is not authorized.

SEC. 3354. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES PARISHES, 
              LOUISIANA.

    The project for flood control, Eastern Rapides and South-Central 
Avoyelles Parishes, Louisiana, authorized by section 201 of the Flood 
Control Act of 1970 (84 Stat. 1825), is not authorized.

SEC. 3355. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION CONTROL, 
              NEBRASKA.

    The project for flood damage reduction, Platte River Flood and 
Related Streambank Erosion Control, Nebraska, authorized by section 603 
of the Water Resources Development Act of 1986 (100 Stat. 4149), is not 
authorized.

SEC. 3356. SUGAR CREEK BASIN, NORTH CAROLINA AND SOUTH CAROLINA.

    The project for flood damage reduction, Sugar Creek Basin, North 
Carolina and South Carolina, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4121), is not authorized.

SEC. 3357. PARKER LAKE, MUDDY BOGGY CREEK, OKLAHOMA.

    The project for flood control and water supply, Parker Lake, Muddy 
Boggy Creek, Oklahoma, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4123), is not authorized.

SEC. 3358. CHARTIERS CREEK, CANNONSBURG (HOUSTON REACH UNIT 2B), 
              PENNSYLVANIA.

    The project for flood control, Chartiers Creek, Cannonsburg 
(Houston Reach Unit 2B), Pennsylvania, authorized by section 204 of the 
Flood Control Act of 1965 (79 Stat. 1081), is not authorized.

SEC. 3359. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

    The project for flood control and recreation, Tioga-Hammond Lakes, 
Mill Creek Recreation, Pennsylvania, authorized by section 203 of the 
Flood Control Act of 1958 (72 Stat. 313), is not authorized.

SEC. 3360. TAMAQUA, PENNSYLVANIA.

    The project for flood control, Tamaqua, Pennsylvania, authorized by 
section 1(a) of the Water Resources Development Act of 1974 (88 Stat. 
14), is not authorized.

SEC. 3361. ARROYO COLORADO, TEXAS.

    The project for flood damage reduction, Arroyo Colorado, Texas, 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 Stat. 4125), is not authorized.

SEC. 3362. CYPRESS CREEK-STRUCTURAL, TEXAS.

    The project for flood damage reduction, Cypress Creek-Structural, 
Texas, authorized by section 3(a)(13) of the Water Resources 
Development Act of 1988 (102 Stat. 4014), is not authorized.

SEC. 3363. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST FORK OF THE 
              TRINITY RIVER, TEXAS.

    The project for flood damage reduction, East Fork Channel 
Improvement, Increment 2, East Fork of the Trinity River, Texas, 
authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 
1185), is not authorized.

SEC. 3364. FALFURRIAS, TEXAS.

    The project for flood damage reduction, Falfurrias, Texas, 
authorized by section 3(a)(14) of the Water Resources Development Act 
of 1988 (102 Stat. 4014), is not authorized.

SEC. 3365. PECAN BAYOU LAKE, TEXAS.

    The project for flood control, Pecan Bayou Lake, Texas, authorized 
by section 203 of the Flood Control Act of 1968 (82 Stat. 742), is not 
authorized.

SEC. 3366. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

    The project for bank erosion, Kanawha River, Charleston, West 
Virginia, authorized by section 603(f)(13) of the Water Resources 
Development Act of 1986 (100 Stat. 4153), is not authorized.

               Subtitle B--Coastal Storm Damage Reduction

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 3401. SHORE PROTECTION AND BEACH RENOURISHMENT PROJECTS.

    (a) Revision of Planning Guidelines, Regulations and Circulars for 
Beach Renourishment Projects.--Not later than 18 months after the date 
of enactment of this Act, the Secretary, in collaboration with the 
advisory committee established under subsection (c), shall revise the 
planning guidelines, regulations, and circulars of the Corps of 
Engineers for the consideration and construction of beach replenishment 
projects involving large dredge and fill activities.
    (b) Requirements.--Planning regulations of the Corps of Engineers 
that are revised under subsection (a) shall--
            (1) ensure, to the maximum extent practicable, that beach 
        replenishment projects do not harm reefs or other habitats 
        identified as essential fish habitat or habitat areas of 
        particular concern under the Sustainable Fisheries Act (16 
        U.S.C. 1801);
            (2) require the consideration of nonstructural alternatives 
        to large dredge and fill activities, including sand bypass 
        systems, relocation, and elevation;
            (3) establish standards for the timing of beach 
        replenishment projects that are designed to avoid, and 
        subsequently minimize, impacts to wildlife and habitat quality;
            (4) establish standards that ensure that sand deposited on 
        replenished beaches features compatible grain size, shell 
        content, and other geological characteristics of a natural 
        beach;
            (5) ensure that those standards are not lowered as the 
        availability of compatible sand decreases;
            (6) require long-term monitoring of turbidity to quantify 
        the impacts to primary production in areas with coral reefs, 
        and secondary production in areas with game fishes;
            (7) establish buffer distances between dredge sites and 
        reefs that are sufficient to eliminate further reef damage from 
        operator or design failures;
            (8) develop programmatic environmental impact statements to 
        establish standards for coastal regions subject to continuous 
        levels of large dredge and fill activity;
            (9) revise public notice and comment procedures to ensure 
        adequate time for interagency and public comments, including 
        the comments of Federal fishery management councils; and
            (10) establish a standardized interagency database that 
        collects, distributes, and archives fundamental pre- and post-
        project information to guide future planning and management.
    (c) Advisory Committee.--
            (1) Establishment.--To develop the guidelines, regulations, 
        and circulars required under subsection (a), the Secretary 
        shall establish an advisory committee of biologists, engineers, 
        geologists, and other experts with independent scientific and 
        technical expertise relating to the environmental impacts of 
        beach replenishment projects and potential alternatives.
            (2) Applicability of faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall apply to the advisory committee 
        established under this section.
    (d) Notice and Comment.--The Secretary shall comply with the notice 
and comment provisions of chapter 551 of title 5, United States Code, 
in issuing revised planning regulations, guidelines, and circulars.
    (e) Applicability.--On completion of the revisions required under 
this section, the Secretary shall apply the revised regulations to 
projects for which a draft feasibility study or draft reevaluation 
report has not yet been issued.

SEC. 3402. REGIONAL SEDIMENT MANAGEMENT.

    (a) In General.--Section 204 of Water Resources Development Act of 
1992 (33 U.S.C. 2326) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--In connection with dredging for construction, 
operation, or maintenance by the Secretary of an authorized navigation 
project, the Secretary may carry out projects for--
            ``(1) the protection, restoration, and creation of aquatic 
        and ecologically related habitats, including wetland; and
            ``(2) the transport and placement of suitable dredged 
        material at locations identified in the plan prepared under 
        subsection (e), or identified jointly by the non-Federal 
        interest and the Secretary, for use in the construction, 
        repair, or rehabilitation of projects associated with 
        navigation, flood damage reduction, hydroelectric power, 
        municipal and industrial water supply, agricultural water 
        supply, recreation, hurricane and storm damage reduction, 
        aquatic plant control, and environmental protection and 
        restoration.'';
            (2) in subsection (b)--
                    (A) by striking ``for the protection, restoration 
                or creation of aquatic and ecologically related 
                habitats'' and inserting ``undertaken under subsection 
                (a)'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by inserting after paragraph (2) the following:
            ``(3) the project complies with all applicable Federal, 
        State, and local laws.'';
            (3) in subsection (c), by striking ``to--'' and all that 
        follows through ``(2) pay'' and insert ``pay'';
            (4) in subsection (d), by striking ``for the protection, 
        restoration, and creation of aquatic and ecologically related 
        habitats'';
            (5) by redesignating subsections (e), (f), and (g) as 
        subsections (g), (i), and (h), respectively;
            (6) by inserting after subsection (d) the following:
    ``(e) Regional Sediment Management Plans.--
            ``(1) In general.--In consultation and cooperation with the 
        appropriate Federal, State, and regional agencies, the 
        Secretary shall develop plans for regional management of 
        sediment dredged in conjunction with construction, operation, 
        and maintenance of navigation projects, including potential 
        beneficial uses for projects described in subsection (a).
            ``(2) Costs.--The costs of developing a plan under 
        paragraph (1) shall be paid by the Secretary.
    ``(f) Priority Areas.--In carrying out this section, the Secretary 
shall give priority to regional sediment management projects in the 
vicinity of--
            ``(1) Fire Island Inlet, Suffolk County, New York;
            ``(2) Fletcher Cove, California; and
            ``(3) Toledo Harbor, Lucas County, Ohio.''; and
            (7) in subsection (i) (as redesignated by paragraph (5)), 
        by striking ``$15,000,000'' and inserting ``$30,000,000''.
    (b) Repeal.--
            (1) In general.--Section 145 of the Water Resources 
        Development Act of 1976 (33 U.S.C. 426j) is repealed.
            (2) Effect.--The repeal made by paragraph (1) shall not 
        affect the authority of the Secretary to complete any project 
        being carried out under that section on the day before the date 
        of enactment of this Act.

SEC. 3403. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND 
              DEMONSTRATION PROGRAM.

    (a) Extension of Program.--Section 5(a) of the Act of August 13, 
1946 (33 U.S.C. 426h(a)), is amended by striking ``6 years'' and 
inserting ``10 years''.
    (b) Extension of Planning, Design, and Construction Phase.--Section 
5(b)(1)(A) of the Act of August 13, 1946 (33 U.S.C. 426h(b)(1)(A)) is 
amended by striking ``3 years'' and inserting ``6 years''.

SEC. 3404. SHORE PROTECTION PROJECTS.

    (a) In General.--In accordance with the Act of July 3, 1930 (33 
U.S.C. 426) and notwithstanding administrative actions, it is the 
policy of the United States to promote shore protection projects and 
related research that encourage the protection, restoration, and 
enhancement of sandy beaches, including beach restoration and periodic 
beach renourishment for a period of 50 years, on a comprehensive and 
coordinated basis by the Federal Government, States, localities, and 
private enterprises.
    (b) Preference.--In carrying out the policy, preference shall be 
given to--
            (1) areas in which there has been a Federal investment of 
        funds; and
            (2) areas with respect to which the need for prevention or 
        mitigation of damage to shores and beaches is attributable to 
        Federal navigation projects or other Federal activities.
    (c) Applicability.--The Secretary shall apply the policy to each 
shore protection and beach renourishment project (including shore 
protection and beach renourishment projects in existence on the date of 
enactment of this Act).

                           CHAPTER 2--STUDIES

SEC. 3411. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.

    Section 414 of the Water Resources Development Act of 2000 (114 
Stat. 2636) is amended by striking ``32 months'' and inserting ``44 
months''.

                          CHAPTER 3--PROJECTS

                      Subchapter A--Authorizations

SEC. 3421. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION.

    (a) Coastal Louisiana Ecosystem Restoration and Protection Task 
Force.--
            (1) Establishment.--There is established the Coastal 
        Louisiana Ecosystem Protection and Restoration Task Force 
        (referred to in this section as the ``Task Force''), which 
        shall consist of the following members or their designee (at 
        the level of assistant secretary or equivalent):
                    (A) The Secretary, who shall serve as chairperson.
                    (B) The Secretary of the Interior.
                    (C) The Secretary of Commerce.
                    (D) The Administrator of the Environmental 
                Protection Agency.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Transportation.
                    (G) The Secretary of Energy.
                    (H) The Secretary of Homeland Security.
                    (I) The Governor of the State of Louisiana.
            (2) Duties.--The Task Force shall make recommendations to 
        the Secretary regarding--
                    (A) policies, strategies, plans, programs, 
                projects, and activities for addressing conservation, 
                protection, restoration, and maintenance of the coastal 
                Louisiana ecosystem;
                    (B) financial plans for each of the agencies 
                represented on the Task Force for funds proposed for 
                the conservation, protection, restoration, and 
                maintenance of the coastal Louisiana ecosystem, 
                including--
                            (i) recommendations that identify funds 
                        from current agency missions and budgets; and
                            (ii) recommendations for coordinating 
                        individual agency budget requests; and
                    (C) submission to Congress of a biennial report 
                that summarizes the activities of the Task Force.
            (3) Procedures and advice.--The Task Force shall--
                    (A) implement procedures to facilitate public 
                participation with regard to Task Force activities, 
                including--
                            (i) providing advance notice of meetings;
                            (ii) providing adequate opportunity for 
                        public input and comment;
                            (iii) maintaining appropriate records; and
                            (iv) making a record of proceedings 
                        available for public inspection; and
                    (B) establish such working groups as are necessary 
                to assist the Task Force in its duties.
            (4) Compensation.--No member of the Task Force or any 
        associated working group shall receive compensation for 
        services provided as a member of the Task Force or working 
        group.
            (5) Travel expenses.--Travel expenses incurred by a member 
        of the Task Force, or a member of a working group, in the 
        performance of services for the Task Force shall be paid by the 
        agency or entity that the member represents.
    (b) Comprehensive Plan.--
            (1) In general.--The Secretary shall, in cooperation with 
        the non-Federal interest, develop a comprehensive plan for the 
        conservation, protection, restoration, and maintenance of the 
        coastal Louisiana ecosystem.
            (2) Additional studies, projects, and programs.--In 
        addition to the studies, projects, and programs developed under 
        subsections (c) and (d), the comprehensive plan may include 
        such additional studies, projects, and programs as the 
        Secretary determines to be necessary for the conservation, 
        protection, restoration, and maintenance of the coastal 
        Louisiana ecosystem.
            (3) Features.--The comprehensive plan shall include such 
        features as are necessary to restore the coastal Louisiana 
        ecosystem by improving wetland sustainability, habitat 
        suitability, and water quality.
            (4) Submission to congress.--Not later than July 1, 2008, 
        the Secretary shall submit to Congress the comprehensive plan.
    (c) Investigations.--
            (1) In general.--The Secretary shall initiate feasibility 
        studies in accordance with the report of the Chief of Engineers 
        on the Louisiana Coastal Area Ecosystem Restoration Study.
            (2) Mississippi river gulf outlet.--The Secretary shall 
        develop a plan for modification of the Mississippi River Gulf 
        outlet that will address navigation interests, environmental 
        restoration, and threats to life and property.--
            (3) Existing federally-authorized water resources 
        projects.--
                    (A) In general.--The Secretary shall reevaluate 
                existing federally-authorized water resources projects 
                in the coastal Louisiana ecosystem in order to 
                determine whether the projects have the potential to 
                contribute to ecosystem restoration through revised 
                operations or modified project features.
                    (B) Necessary revisions.--If the Secretary 
                determines that revision of operations or modification 
                of project features for existing federally-authorized 
                water resources projects is necessary, those changes 
                shall be implemented through post-authorization changes 
                by the Secretary or reauthorization by Congress, as 
                appropriate.
    (d) Construction.--
            (1) Coastal louisiana ecosystem science and technology 
        program.--
                    (A) In general.--There is established a Coastal 
                Louisiana Ecosystem Science and Technology Program with 
                an authorization of not to exceed a total of 
                $50,000,000.
                    (B) Science board.--
                            (i) Establishment.--The Secretary shall 
                        establish a Science Board to provide periodic 
                        review and comment on program and project 
                        activities implemented pursuant to subsections 
                        (b) and (c) and this subsection.
                            (ii) Composition.--The Science Board shall 
                        include nationally recognized experts, such as 
                        biologists, geologists, engineers, 
                        hydrologists, and national experts in the 
                        restoration of aquatic and marine ecosystems.
                            (iii) Duties.--The Science Board shall make 
                        recommendations to the Secretary to improve 
                        program and project performance.
                    (C) Director.--
                            (i) In general.--The Office of the Director 
                        of the Coastal Louisiana Science and Technology 
                        Program shall be established by the Secretary.
                            (ii) Recommendations.--The Director shall 
                        provide recommendations to the Secretary 
                        regarding--
                                    (I) development of an annual 
                                program to identify and address science 
                                and technology needs to support 
                                implementation of the Coastal Louisiana 
                                Ecosystem Science and Technology 
                                Program; and
                                    (II) direction and oversight of the 
                                implementation of the annual program 
                                developed in subclause (I) by using the 
                                research capabilities of Federal and 
                                State agencies and academic 
                                institutions.
                    (D) Duties.--Duties of Program shall include--
                            (i) assessing the effects of coastal 
                        restoration measures;
                            (ii) developing improved ecosystem, 
                        hydrologic, and economic modeling capabilities 
                        for improved predictions of coastal conditions 
                        concerning habitat changes, land and wetland 
                        loss, storm surges, and economic impacts;
                            (iii) developing new technologies for 
                        ecosystem restoration activities;
                            (iv) providing scientific peer review of 
                        program and project outputs;
                            (v) making recommendations to improve 
                        program and project performance;
                            (vi) identifying and addressing 
                        socioeconomic consequences of coastal land loss 
                        and restoration activities; and
                            (vii) ensuring application of adaptive 
                        management principles and practices.
                    (E) Working groups.--The Director may establish 
                such working groups as are necessary to assist in the 
                duties of the Program.
            (2) Demonstration projects.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary may conduct projects for the purpose 
                of resolving critical areas of scientific or 
                technological uncertainty related to the implementation 
                of the Louisiana Coastal Area Ecosystem Restoration 
                Plan.
                    (B) Maximum cost.--
                            (i) Total cost.--The total cost for all 
                        demonstration projects conducted under this 
                        paragraph shall not exceed $85,000,000.
                            (ii) Individual project.--The total cost of 
                        an individual demonstration project conducted 
                        under this paragraph shall not exceed 
                        $15,000,000.
                    (C) Review and approval.--No demonstration project 
                may be carried out under this subsection without the 
                review and approval of the Secretary.
            (3) Authority.--The Bayou LaFourche River Reintroduction 
        project is authorized at a total cost of $140,000,000, with an 
        estimated Federal cost of $91,000,000 and an estimated non-
        Federal cost of $49,000,000.
            (4) Increased beneficial use of dredged material.--The 
        Secretary shall implement a program for the beneficial use of 
        material dredged from Federally-maintained waterways in the 
        Louisiana Coastal Area with an authorization of not to exceed a 
        total of $50,000,000 for the period of fiscal years 2005 
        through 2010.
    (e) Cost Sharing.--
            (1) In general.--The non-Federal interest share of the cost 
        of implementing a project under this section shall be 35 
        percent.
            (2) Operation.--Operation, maintenance, repair, 
        replacement, and rehabilitation of a project under this section 
        shall be the responsibility of the non-Federal interest.
            (3) Form.--After the obligations of the non-Federal 
        interest to provide all land, easements, rights-of-way, 
        relocations, and disposal areas are fulfilled, the non-Federal 
        interest may provide the balance of the non-Federal share 
        through the provision of services, materials, and other in-kind 
        services that the Secretary determines to be integral to the 
        program.
            (4) Credit.--
                    (A) In general.--The fair market value of land or 
                interests in land and incidental costs for land 
                acquired or provided by the non-Federal interest in 
                accordance with decision documents for any project 
                implemented under subsection (d) shall be--
                            (i) included in the total cost of the 
                        project; and
                            (ii) credited toward the non-Federal share 
                        of the cost of the project.
                    (B) Services, materials, and other in-kind 
                services.--The Secretary may provide credit (including 
                in-kind credit) toward the non-Federal share for the 
                reasonable cost of any work performed in connection 
                with implementation of subsection (d) that is necessary 
                for the implementation of subsection (d) if--
                            (i) the work is defined in an agreement 
                        between the Secretary and the non-Federal 
                        interest;
                            (ii) the governing agreement prescribes the 
                        terms and conditions of the credit; and
                            (iii) the Secretary determines that the 
                        work performed by the non-Federal interest is 
                        integral to the program.
                    (C) Treatment of credit between program elements.--
                Any credit provided under this paragraph may be carried 
                over between authorized program elements in accordance 
                with subparagraph (D).
                    (D) Periodic monitoring.--
                            (i) In general.--To ensure that the 
                        contributions of the non-Federal interest equal 
                        its 35 percent proportionate share for program 
                        elements, during each 5-year period, beginning 
                        with commencement of program implementation, 
                        the Secretary shall, for each program element--
                                    (I) monitor the non-Federal 
                                provision of cash, services, materials, 
                                and other in-kind services, and land, 
                                easements, rights-of-way, relocations, 
                                and disposal areas; and
                                    (II) manage, to the extent 
                                practicable, the requirement of the 
                                non-Federal interest to provide cash, 
                                services, materials, and other in-kind 
                                services, and land, easements, rights-
                                of-way, relocations, and disposal 
                                areas.
                            (ii) Other monitoring.--
                                    (I) In general.--The Secretary 
                                shall conduct monitoring under clause 
                                (i) separately for the construction 
                                phase and the preconstruction 
                                engineering and design phase.
                                    (II) Preconstruction engineering 
                                and design phase.--The monitoring for 
                                the preconstruction engineering and 
                                design phase shall include activities 
                                related to the Coastal Louisiana 
                                Ecosystem Science and Technology 
                                Program.
                    (E) Audits.--Credit for land, easements, rights-of-
                way, relocations, and disposal areas (including land 
                value and incidental costs) or work provided under this 
                subsection shall be subject to audit by the Secretary.
    (f) Project Justification.--
            (1) In general.--Notwithstanding section 209 of the Flood 
        Control Act of 1970 (42 U.S.C. 1962-2) or any other provision 
        of law, in carrying out any activity authorized under this 
        section or any other provision of law to conserve, protect, 
        restore, or maintain the coastal Louisiana ecosystem, the 
        Secretary may determine that--
                    (A) the activity is justified by the environmental 
                benefits derived by the coastal Louisiana ecosystem; 
                and
                    (B) no further economic justification for the 
                activity is required, if the Secretary determines that 
                the activity is cost-effective.
            (2) Applicability.--Paragraph (1) shall not apply to any 
        separable element intended to produce benefits that are 
        predominantly unrelated to the conservation, protection, 
        restoration, or maintenance of the natural system.
    (g) Consistency.--In implementing, maintaining, modifying, or 
rehabilitating federally authorized water resources projects in the 
coastal Louisiana ecosystem, the Secretary shall ensure that such 
actions are consistent with the purposes of plans, projects, and 
programs developed and implemented pursuant to this section.
    (h) Application of the Federal Advisory Committee Act.--
            (1) Task force.--The Task Force and any working groups 
        associated with the Task Force shall not be considered advisory 
        committees under the Federal Advisory Committee Act (5 U.S.C. 
        App.).
            (2) Program.--The Coastal Louisiana Ecosystem Science and 
        Technology Program and any boards, committees, or working 
        groups associated with the Program shall not be considered 
        advisory committees under the Federal Advisory Committee Act (5 
        U.S.C. App.).

SEC. 3422. MORGANZA, LOUISIANA TO THE GULF OF MEXICO.

    (a) In General.--The Secretary may carry out the project for 
hurricane and storm damage reduction, Morganza, Louisiana, to the Gulf 
of Mexico, including Reach J as referred to in section 158 of Public 
Law 108-137 (117 Stat. 1846), substantially in accordance with the 
report of the Chief of Engineers dated August 23, 2002, as supplemented 
by the report of the Chief of Engineers dated July 22, 2003, at a total 
cost of $740,000,000, with an estimated Federal cost of $481,000,000 
and non-Federal cost of $259,000,000.
    (b) Operation and Maintenance.--The Federal Government shall be 
responsible for operation and maintenance and repair, replacement, and 
rehabilitation of the Gulf Intracoastal Waterway floodgates and the 
lock, floodgate, and associated structures on the Houma Navigation 
Canal.

SEC. 3423. NEW JERSEY SHORE PROTECTION, MANASQUAN INLET TO BARNEGAT 
              INLET, NEW JERSEY.

    (a) In General.--The Secretary may carry out the project for shore 
protection and hurricane and storm damage reduction, Manasquan Inlet to 
Barnegat Inlet, New Jersey, as described in the report of the Engineers 
dated December 30, 2003, at a total initial cost of $62,377,000, with 
an estimated Federal cost of $40,546,000 and an estimated non-Federal 
cost of $21,831,000, and with an estimated average annual cost of 
$1,911,000 for periodic nourishment over a period of 50 years, which 
shall be undertaken at intervals not to exceed 4 years.
    (b) Non-Federal Share.--The non-Federal share of the cost of the 
periodic nourishment shall be 50 percent.

SEC. 3424. SOUTH RIVER, NEW JERSEY.

    The Secretary may carry out the project for hurricane and storm 
damage reduction and environmental restoration, South River, New 
Jersey, as described in the report of the Chief of Engineers, dated 
July 22, 2003, at a total cost of $105,437,000, with an estimated 
Federal cost of $68,534,000 and an estimated non-Federal cost of 
$36,903,000.

SEC. 3425. MONTAUK POINT, NEW YORK.

    If a favorable final report of the Chief of Engineers for the 
project is completed not later than December 31, 2004, the Secretary 
may carry out a project for hurricane and storm damage reduction, 
Montauk Point, Suffolk County, New York--
            (1) substantially in accordance with the plans, and subject 
        to the conditions, recommended in the final report of the Chief 
        of Engineers; and
            (2) at a total cost of $12,000,000, with an estimated 
        Federal cost of $7,800,000 and an estimated non-Federal cost of 
        $4,200,000.

SEC. 3426. COASTAL WETLAND CONSERVATION PROJECT FUNDING.

    (a) Funding.--Section 306 of the Coastal Wetlands Planning, 
Protection, and Restoration Act (16 U.S.C. 3955) is amended--
            (1) in subsection (a), by striking ``, not to exceed 
        $70,000,000,'';
            (2) in subsection (b), by striking ``, not to exceed 
        $15,000,000''; and
            (3) in subsection (c), by striking ``, not to exceed 
        $15,000,000,''.
    (b) Period of Authorization.--Section 4(a) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended in the second 
sentence by striking ``2009'' and inserting ``2019''.

                      Subchapter B--Modifications

SEC. 3431. IMPERIAL BEACH, CALIFORNIA.

    The project for beach erosion, San Diego County, California, 
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 
300), is modified to authorize the Secretary to carry out the project 
substantially in accordance with the report of the Chief of Engineers 
for Silver Shoreline, Imperial Beach, California, dated December 30, 
2003, at a total cost of $48,264,000, with an estimated Federal cost of 
$25,759,000 and an estimated non-Federal cost of $22,505,000.

SEC. 3432. LIDO KEY BEACH, SARASOTA, FLORIDA.

    The project for shore protection, Lido Key Beach, Sarasota, 
Florida, authorized by section 101 of the River and Harbor Act of 1970 
(84 Stat. 1819), deauthorized under section 1001(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 579a(b)), and reauthorized 
by section 364(2)(A) of the Water Resources Development Act of 1999 
(113 Stat. 313), is modified to direct the Secretary to construct the 
project in accordance with the feasibility report of October 2002, at a 
total cost of $12,632,200, with an estimated Federal cost of $7,882,493 
and an estimated non-Federal cost of $4,749,702.

SEC. 3433. ORCHARD BEACH, BRONX, NEW YORK.

    Section 554 of the Water Resources Development Act of 1996 (110 
Stat. 3781) is amended by striking ``$5,200,000'' and inserting 
``$18,200,000''.

                     Subchapter C--Deauthorizations

SEC. 3441. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.

    The project for erosion protection and recreation, Fort Livingston, 
Grande Terre Island, Louisiana, authorized by the Act of August 13, 
1946 (commonly known as the ``Flood Control Act of 1946'') (33 U.S.C. 
426e et seq.), is not authorized.

 TITLE IV--ECOSYSTEM RESTORATION AND ENVIRONMENTAL REMEDIATION PROGRAM

                   Subtitle A--Ecosystem Restoration

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 4001. COST SHARING FOR MONITORING.

    (a) In General.--Costs incurred for monitoring for an ecosystem 
restoration project shall be cost-shared--
            (1) in accordance with the formula relating to the 
        applicable original construction project; and
            (2) for a maximum period of 10 years.
    (b) Aggregate Limitation.--Monitoring costs for an ecosystem 
restoration project--
            (1) shall not exceed in the aggregate, for a 10-year 
        period, an amount equal to 5 percent of the cost of the 
        applicable original construction project; and
            (2) after the 10-year period, shall be 100 percent non-
        Federal.

SEC. 4002. ECOSYSTEM RESTORATION BENEFITS.

    For each of the following projects, the Corps of Engineers shall 
include ecosystem restoration benefits in the calculation of benefits 
for the project:
            (1) Grayson's Creek, California.
            (2) Seven Oaks, California.
            (3) Oxford, California.
            (4) Walnut Creek, California.
            (5) Wildcat Phase II, California.

SEC. 4003. GREAT LAKES INTERAGENCY TASK FORCE.

    Executive Order 13340 entitled ``Establishment of Great Lakes 
Interagency Task Force and Promotion of a Regional Collaboration of 
National Significance for the Great Lakes'' (69 Fed. Reg. 29043 (May 
18, 2004)) is enacted into law.

               CHAPTER 2--CONTINUING AUTHORITIES PROGRAMS

SEC. 4101. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC AND 
              RIPARIAN ECOSYSTEMS PROGRAM.

    Section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC 
              AND RIPARIAN ECOSYSTEMS PROGRAM.'';

            (2) in subsection (a), by striking ``an aquatic'' and 
        inserting ``a freshwater aquatic''; and
            (3) in subsection (e), by striking ``$25,000,000'' and 
        inserting ``$75,000,000''.

SEC. 4102. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND 
              RESTORATION OF ECOSYSTEMS PROGRAM.

    Section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND 
              RESTORATION OF ECOSYSTEMS PROGRAM.'';

        and
            (2) in subsection (h), by striking ``25,000,000'' and 
        inserting ``$50,000,000''.

SEC. 4103. PROJECTS TO ENHANCE ESTUARIES AND COASTAL HABITATS.

    (a) General Authority.--The Secretary may carry out an estuary 
habitat restoration project if the Secretary determines that the 
project--
            (1) will improve the elements and features of an estuary 
        (as defined in section 103 of the Estuaries and Clean Waters 
        Act of 2000 (33 U.S.C. 2902));
            (2) is in the public interest; and
            (3) is cost-effective.
    (b) Cost Sharing.--The non-Federal share of the cost of 
construction of any project carried out under this section--
            (1) shall be 35 percent; and
            (2) shall include provision of all land, easements, rights-
        of-way, and necessary relocations.
    (c) Agreements.--Construction of a project under this section shall 
be commenced only after a non-Federal interest has entered into a 
binding agreement with the Secretary--
            (1) to pay the non-Federal share of the costs of 
        construction required under subsection (b); and
            (2) to pay 100 percent of any operation, maintenance, and 
        replacement and rehabilitation costs of the project, in 
        accordance with regulations promulgated by the Secretary.
    (d) Cost Limitation.--Not more than $5,000,000 in Federal funds may 
be allocated under this section for a project at any 1 location.
    (e) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each fiscal year.

                           CHAPTER 3--STUDIES

                   Subchapter A--Study Authorizations

SEC. 4201. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.

    The Secretary shall--
            (1) determine, at full Federal expense, the feasibility of 
        a dispersal barrier project at the Lake Champlain Canal; and
            (2) if determined to be feasible, construct, maintain, and 
        operate the dispersal barrier at full Federal expense.

SEC. 4202. EURASIAN MILFOIL.

    Under the authority of section 104 of the River and Harbor Act of 
1958 (33 U.S.C. 610), the Secretary shall carry out a study, at full 
Federal expense, to develop national protocols for the use of the 
Euhrychiopsis lecontei weevil for biological control of Eurasian 
milfoil in the lakes of Vermont and other northern tier States.

                   Subchapter B--Study Modifications

SEC. 4211. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.

    (a) In General.--The Secretary shall complete work as expeditiously 
as practicable on the San Pablo watershed, California, study authorized 
under section 209 of the Flood Control Act of 1962 (76 Stat. 1196) to 
determine the feasibility of opportunities for restoring, preserving, 
and protecting the San Pablo Bay Watershed.
    (b) Report.--Not later than March 31, 2008, the Secretary shall 
submit to Congress a report that describes the results of the study.

                          CHAPTER 4--PROJECTS

                      Subchapter A--Authorizations

SEC. 4301. MATILIJA DAM, VENTURA COUNTY, CALIFORNIA.

    The Secretary may carry out the project for ecosystem restoration, 
Matilija Dam and Ventura River Watershed, Ventura County, California, 
at a total estimated cost of $130,335,000, with an estimated Federal 
cost of $78,972,750 and an estimated non-Federal cost of $51,362,250, 
substantially in accordance with the plans, and subject to the 
conditions, recommended in a final report of the Chief of Engineers, if 
a favorable report of the Chief is completed for the project not later 
than December 31, 2004.

SEC. 4302. NAPA RIVER SALT MARSH, CALIFORNIA.

    The Secretary may carry out the project for ecosystem restoration, 
Napa River Salt Marsh, California, at a total estimated cost of 
$100,500,000, with an estimated Federal cost of $64,000,000 and an 
estimated non-Federal cost of $36,500,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in a final 
report of the Chief of Engineers, if a favorable report of the Chief is 
completed for the project not later than December 31, 2004.

SEC. 4303. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.

    (a) Cooperative Program.--
            (1) In general.--The Secretary shall participate with 
        appropriate State and local agencies in the implementation of a 
        cooperative program to improve and manage fisheries and aquatic 
        habitat conditions in Pine Flat Reservoir and in the 14-mile 
        reach of the Kings River immediately below Pine Flat Dam, 
        California, in a manner that--
                    (A) provides for long-term aquatic resource 
                enhancement; and
                    (B) avoids adverse effects on water storage and 
                water rights holders.
            (2) Goals and principles.--The cooperative program 
        described in paragraph (1) shall be carried out--
                    (A) substantially in accordance with the goals and 
                principles of the document entitled ``Kings River 
                Fisheries Management Program Framework Agreement'' and 
                dated May 29, 1999, between the California Department 
                of Fish and Game and the Kings River Water Association 
and the Kings River Conservation District; and
                    (B) in cooperation with the parties to that 
                agreement.
    (b) Participation by Secretary.--
            (1) In general.--In furtherance of the goals of the 
        agreement described in subsection (a)(2)(A), the Secretary 
        shall participate in the planning, design, and construction of 
        projects and pilot projects on the Kings River and its 
        tributaries to enhance aquatic habitat and water availability 
        for fisheries purposes (including maintenance of a trout 
        fishery) in accordance with flood control operations, water 
        rights, and beneficial uses in existence as of the date of 
        enactment of this Act.
            (2) Projects.--Projects referred to in paragraph (1) may 
        include--
                    (A) projects to construct or improve pumping, 
                conveyance, and storage facilities to enhance water 
                transfers; and
                    (B) projects to carry out water exchanges and 
                create opportunities to use floodwater within and 
                downstream of Pine Flat Reservoir.
    (c) No Authorization of Certain Dam-Related Projects.--Nothing in 
this section authorizes any project for the raising of Pine Flat Dam or 
the construction of a multilevel intake structure at Pine Flat Dam.
    (d) Use of Existing Studies.--In carrying out this section, the 
Secretary shall use, to the maximum extent practicable, studies in 
existence on the date of enactment of this Act, including data and 
environmental documentation in the document entitled ``Final 
Feasibility Report and Report of the Chief of Engineers for Pine Flat 
Dam Fish and Wildlife Habitat Restoration'' and dated July 19, 2002.
    (e) Cost Sharing.--
            (1) Project planning, design, and construction.--The 
        Federal share of the cost of planning, design, and construction 
        of a project under subsection (b) shall be 65 percent.
            (2) Non-federal share.--
                    (A) Credit for land, easements, and rights-of-
                way.--The Secretary shall credit toward the non-Federal 
                share of the cost of construction of any project under 
                subsection (b) the value, regardless of the date of 
                acquisition, of any land, easements, rights-of-way, 
                dredged material disposal areas, or relocations 
                provided by the non-Federal interest for use in 
                carrying out the project.
                    (B) Form.--The non-Federal interest may provide not 
                more than 50 percent of the non-Federal share required 
                under this subsection in the form of services, 
                materials, supplies, or other in-kind contributions.
    (f) Operation and Maintenance.--The operation, maintenance, repair, 
rehabilitation, and replacement of projects carried out under this 
section shall be a non-Federal responsibility.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. 4304. SALTON SEA RESTORATION, CALIFORNIA.

    (a) Definitions.--In this section:
            (1) Salton sea authority.--The term ``Salton Sea 
        Authority'' means the Joint Powers Authority established under 
        the laws of the State of California by a joint power agreement 
        signed on June 2, 1993.
            (2) Salton sea science office.--The term ``Salton Sea 
        Science Office'' means the Office established by the United 
        States Geological Survey and currently located in La Quinta, 
        California.
    (b) Pilot Projects.--
            (1) In general.--The Secretary shall review the preferred 
        restoration concept plan approved by the Salton Sea Authority 
        to determine that the pilot projects are economically 
        justified, technically sound, environmentally acceptable, and 
        meet the objectives of the Salton Sea Reclamation Act (Public 
        Law 105-372). If the Secretary makes a positive determination, 
        the Secretary may enter into an agreement with the Salton Sea 
        Authority and, in consultation with the Salton Sea Science 
        Office, carry out pilot projects for improvement of the 
        environment in the Salton Sea.
            (2) Local participation.--In prioritizing pilot projects 
        under this section, the Secretary shall--
                    (A) consult with the Salton Sea Authority; and
                    (B) consider the priorities of the Salton Sea 
                Authority.
            (3) Cost sharing.--Before carrying out a pilot project 
        under this section, the Secretary shall enter into a written 
        agreement with the Salton Sea Authority that requires the non-
        Federal interest to--
                    (A) pay 35 percent of the total costs of the pilot 
                project;
                    (B) acquire any land, easements, rights-of-way, 
                relocations, and dredged material disposal areas 
                necessary to carry out the pilot project; and
                    (C) hold the United States harmless from any claim 
                or damage that may arise from carrying out the pilot 
                project, except any claim or damage that may arise from 
                the negligence of the Federal Government or a 
                contractor of the Federal Government.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (b) $26,000,000, of which not more 
than $5,000,000 may be used for any 1 pilot project under this section.

SEC. 4305. SOUTH PLATTE RIVER, DENVER, COLORADO.

    The Secretary may carry out the project for environmental 
restoration, Denver County Reach, South Platte River, Denver, Colorado, 
in accordance with the report of the chief of Engineers dated May 16, 
2003, at a total cost of $17,997,000, with an estimated Federal cost of 
$11,698,000 and an estimated non-Federal cost of $6,299,000.

SEC. 4306. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT, 
              ILLINOIS.

    (a) Existing Barrier.--The Secretary shall upgrade and make 
permanent, at full Federal expense, the existing Chicago Sanitary and 
Ship Canal Dispersal Barrier Chicago, Illinois, constructed as a 
demonstration project under section 1202(i)(3) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4722(i)(3)).
    (b) New Barrier.--Notwithstanding the project cooperation agreement 
dated November 21, 2003, with the State of Illinois, the Secretary 
shall construct, at full Federal expense, the Chicago Sanitary and Ship 
Canal Dispersal Barrier currently being implemented under section 1135 
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
    (c) Operation and Maintenance.--The Chicago Sanitary and Ship Canal 
Dispersal Barriers described in subsections (a) and (b) shall be 
operated and maintained, at full Federal expense, as a system in a 
manner to optimize effectiveness.
    (d) Credit.--
            (1) In general.--The Secretary shall credit to each State 
        the proportion of funds that the State contributed to the 
        authorized dispersal barriers.
            (2) Use.--A State may apply the credit to existing or 
        future projects of the Corps of Engineers.

SEC. 4307. SMITH ISLAND, MARYLAND.

    The Secretary may carry out the project for environmental 
restoration, Smith Island, Somerset County, Maryland, at a total cost 
of $14,500,000, with an estimated Federal cost of $9,425,000 and an 
estimated non-Federal cost of $5,075,000, substantially in accordance 
with the plans, and subject to the conditions, recommended in the final 
report of the Chief of Engineers dated October 29, 2001.

SEC. 4308. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION, NEW 
              HAMPSHIRE AND VERMONT.

    (a) General Management Plan Development.--
            (1) The Secretary, in cooperation with the Secretary of 
        Agriculture and in consultation with the States of Vermont and 
        New Hampshire and the Connecticut River Joint Commission, shall 
        conduct a study and develop a general management plan for 
        ecosystem restoration of the Upper Connecticut River ecosystem 
        for the purposes of--
                    (A) habitat protection and restoration;
                    (B) streambank stabilization;
                    (C) restoration of stream stability;
                    (D) water quality improvement;
                    (E) invasive species control;
                    (F) wetland restoration;
                    (G) fish passage; and
                    (H) natural flow restoration.
            (2) Existing plans.--In developing the general management 
        plan, the Secretary shall depend heavily on existing plans for 
        the restoration of the Upper Connecticut River.
    (b) Critical Restoration Projects.--
            (1) In general.--The Secretary may participate in any 
        critical restoration project in the Upper Connecticut River 
        Basin in accordance with the general management plan developed 
        under subsection (a).
            (2) Eligible projects.--A critical restoration project 
        shall be eligible for assistance under this section if the 
        project--
                    (A) meets the purposes described in the general 
                management plan developed under subsection (a); and
                    (B) with respect to the Upper Connecticut River and 
                Upper Connecticut River watershed, consists of--
                            (i) bank stabilization of the main stem, 
                        tributaries, and streams;
                            (ii) wetland restoration and migratory bird 
                        habitat restoration;
                            (iii) soil and water conservation;
                            (iv) restoration of natural flows;
                            (v) restoration of stream stability;
                            (vi) implementation of an intergovernmental 
                        agreement for coordinating ecosystem 
                        restoration, fish passage installation, 
                        streambank stabilization, wetland restoration, 
                        habitat protection and restoration, or natural 
                        flow restoration;
                            (vii) water quality improvement;
                            (viii) invasive species control;
                            (ix) wetland restoration and migratory bird 
                        habitat restoration;
                            (x) improvements in fish migration; and
                            (xi) conduct of any other project or 
                        activity determined to be appropriate by the 
                        Secretary.
    (c) Cost Sharing.--The Federal share of the cost of any project 
carried out under this section shall not be less than 65 percent.
    (d) Non-Federal Interest.--A nonprofit organization may serve as 
the non-Federal interest for a project carried out under this section.
    (e) Crediting.--
            (1) For work.--The Secretary shall provide credit, 
        including credit for in-kind contributions of up to 100 percent 
        of the non-Federal share, for work (including design work and 
        materials) if the Secretary determines that the work performed 
        by the non-Federal interest is integral to the product.
            (2) For other contributions.--The non-Federal interest 
        shall receive credit for land, easements, rights-of-way, 
        dredged material disposal areas, and relocations necessary to 
        implement the projects.
    (f) Cooperative Agreements.--In carrying out this section, the 
Secretary may enter into 1 or more cooperative agreements to provide 
financial assistance to appropriate Federal, State, or local 
governments or nonprofit agencies, including assistance for the 
implementation of projects to be carried out under subsection (b).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. 4309. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, NEW 
              HAMPSHIRE AND VERMONT.

    (a) In General.--The Secretary, in cooperation with the States of 
Vermont and New Hampshire, shall carry out a study and develop a 
strategy for the use of wetland restoration, soil and water 
conservation practices, and nonstructural measures to reduce flood 
damage, improve water quality, and create wildlife habitat in the Upper 
Connecticut River watershed.
    (b) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of the 
        study and development of the strategy under subsection (a) 
        shall be 65 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of the study and development of the strategy may be provided 
        through the contribution of in-kind services and materials.
    (c) Non-Federal Interest.--A nonprofit organization with wetland 
restoration experience may serve as the non-Federal interest for the 
study and development of the strategy under this section.
    (d) Cooperative Agreements.--In conducting the study and developing 
the strategy under this section, the Secretary may enter into 1 or more 
cooperative agreements to provide technical assistance to appropriate 
Federal, State, and local agencies and nonprofit organizations with 
wetland restoration experience, including assistance for the 
implementation of wetland restoration projects and soil and water 
conservation measures.
    (e) Implementation.--The Secretary shall carry out development and 
implementation of the strategy under this section in cooperation with 
local landowners and local government officials.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000, to remain available 
until expended.

SEC. 4310. JAMAICA BAY, MARINE PARK AND PLUMB BEACH, QUEENS AND 
              BROOKLYN, NEW YORK.

    The Secretary may carry out a project for environmental 
restoration, Jamaica Bay, Queens and Brooklyn, New York, at a total 
estimated cost of $180,000,000, with an estimated Federal cost of 
$117,000,000 and an estimated non-Federal cost of $63,000,000, 
substantially in accordance with the plans, and subject to the 
conditions, recommended in a final report of the Chief of Engineers, if 
a favorable report of the Chief is completed not later than December 
31, 2004.

SEC. 4311. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND 
              CONNECTICUT.

    (a) In General.--The Secretary shall plan, design, and construct 
projects to increase aquatic habitats within Long Island Sound and 
adjacent waters, including the construction and restoration of oyster 
beds and related shellfish habitat.
    (b) Cost-Sharing.--The non-Federal share of the cost of activities 
carried out under this section shall be 25 percent and may be provided 
through in-kind services and materials.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000 to carry out this section.

SEC. 4312. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION, 
              OREGON.

    (a) In General.--The Secretary shall conduct studies and ecosystem 
restoration projects for the upper Willamette River watershed from 
Albany, Oregon, to the headwaters of the Willamette River and 
tributaries.
    (b) Consultation.--The Secretary shall carry out ecosystem 
restoration projects under this section for the Upper Willamette River 
watershed in consultation with the Governor of the State of Oregon, the 
heads of appropriate Indian tribes, the Environmental Protection 
Agency, the United States Fish and Wildlife Service, the National 
Marine Fisheries Service, the Bureau of Land Management, the Forest 
Service, and local entities.
    (c) Authorized Activities.--In carrying out ecosystem restoration 
projects under this section, the Secretary shall undertake activities 
necessary to protect, monitor, and restore fish and wildlife habitat.
    (d) Cost Sharing Requirements.--
            (1) Studies.--Studies conducted under this section shall be 
        subject to cost sharing in accordance with section 206 of the 
        Water Resources Development Act of 1996 (33 U.S.C. 2330).
            (2) Ecosystem restoration projects.--
                    (A) In general.--Non-Federal interests shall pay 35 
                percent of the cost of any ecosystem restoration 
                project carried out under this section.
                    (B) Items provided by non-federal interests.--
                            (i) In general.--Non-Federal interests 
                        shall provide all land, easements, rights-of-
                        way, dredged material disposal areas, and 
                        relocations necessary for ecosystem restoration 
                        projects to be carried out under this section.
                            (ii) Credit toward payment.--The value of 
                        the land, easements, rights-of-way, dredged 
                        material disposal areas, and relocations 
                        provided under clause (i) shall be credited 
                        toward the payment required under subparagraph 
                        (A).
                    (C) In-kind contributions.--100 percent of the non-
                Federal share required under subparagraph (A) may be 
                satisfied by the provision of in-kind contributions.
            (3) Operations and maintenance.--Non-Federal interests 
        shall be responsible for all costs associated with operating, 
        maintaining, replacing, repairing, and rehabilitating all 
        projects carried out under this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.

SEC. 4313. RIVERSIDE OXBOW, FORT WORTH, TEXAS.

    The Secretary may carry out the project for environmental 
restoration, Riverside Oxbow, Fort Worth, Texas contained in the report 
of the Chief of Engineers dated May 29, 2003, to carry out the project 
at a total cost of $22,200,000, with an estimated Federal cost 
of $9,180,000 and an estimated non-Federal cost of $13,020,000.

SEC. 4314. CONNECTICUT RIVER DAMS, VERMONT.

    (a) In General.--The Secretary shall evaluate, design, and 
construct structural modifications at full Federal cost to the Union 
Village Dam (Ompompanoosuc River), North Hartland Dam (Ottauquechee 
River), North Springfield Dam (Black River), Ball Mountain Dam (West 
River), and Townshend Dam (West River), Vermont, to regulate flow and 
temperature to mitigate downstream impacts on aquatic habitat and 
fisheries.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000.

                      Subchapter B--Modifications

SEC. 4321. HAMILTON AIRFIELD, CALIFORNIA.

    The project for environmental restoration, Hamilton Airfield, 
California, authorized by section 101(b)(3) of the Water Resources 
Development Act of 1999 (113 Stat. 279), is modified to include the 
diked bayland parcel known as ``Bel Marin Keys Unit V '' at an 
estimated total cost of $192,900,000, with an estimated Federal cost of 
$144,600,000 and an estimated non-Federal cost of $48,300,000, in 
accordance with the recommendations of the report of the Chief of 
Engineers dated July 19, 2004.

SEC. 4322. ALLATOONA LAKE, GEORGIA.

    (a) Land Exchange.--
            (1) In general.--The Secretary may exchange land above 863 
        feet in elevation at Allatoona Lake, Georgia, identified in the 
        Real Estate Design Memorandum prepared by the Mobile district 
        engineer, April 5, 1996, and approved October 8, 1996, for land 
        on the north side of Allatoona Lake that is required for 
        wildlife management and protection of the water quality and 
        overall environment of Allatoona Lake.
            (2) Terms and conditions.--The basis for all land exchanges 
        under this subsection shall be a fair market appraisal to 
        ensure that land exchanged is of equal value.
    (b) Disposal and Acquisition of Land, Allatoona Lake, Georgia.--
            (1) In general.--The Secretary may--
                    (A) sell land above 863 feet in elevation at 
                Allatoona Lake, Georgia, identified in the memorandum 
                referred to in subsection (a)(1); and
                    (B) use the proceeds of the sale, without further 
                appropriation, to pay costs associated with the 
                purchase of land required for wildlife management and 
                protection of the water quality and overall environment 
                of Allatoona Lake.
            (2) Terms and conditions.--
                    (A) Willing sellers.--Land acquired under this 
                subsection shall be by negotiated purchase from willing 
                sellers only.
                    (B) Basis.--The basis for all transactions under 
                this subsection shall be a fair market value appraisal 
                acceptable to the Secretary.
                    (C) Sharing of costs.--Each purchaser of land under 
                this subsection shall share in the associated 
                environmental and real estate costs of the purchase, 
                including surveys and associated fees in accordance 
                with the memorandum referred to in subsection (a)(1).
                    (D) Other conditions.--The Secretary may impose on 
                the sale and purchase of land under this subsection 
                such other conditions as the Secretary determines to be 
                appropriate.
    (c) Repeal.--Section 325 of the Water Resources Development Act of 
1992 (106 Stat. 4849) is repealed.

SEC. 4323. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, OHIO, PENNSYLVANIA, 
              AND WEST VIRGINIA.

    Section 101(16) of the Water Resources Development Act of 2000 (114 
Stat. 2578) is amended--
            (1) by striking ``(A) In general.--Projects for ecosystem 
        restoration, Ohio River Mainstem'' and inserting the following:
                    ``(A) Authorization.--
                            ``(i) In general.--Projects for ecosystem 
                        restoration, Ohio River Basin (excluding the 
                        Tennessee and Cumberland River Basins)''; and
            (2) in subparagraph (A), by adding at the end the 
        following:
                            ``(ii) Nonprofit entity.--For any ecosystem 
                        restoration project carried out under this 
                        paragraph, with the consent of the affected 
                        local government, a nonprofit entity may be 
                        considered to be a non-Federal interest.
                            ``(iii) Program implementation plan.--There 
                        is authorized to be developed a program 
                        implementation plan of the Ohio River Basin 
                        (excluding the Tennessee and Cumberland River 
                        Basins) at full Federal expense.
                            ``(iv) Pilot program.--There is authorized 
                        to be initiated a completed pilot program in 
                        Lower Scioto Basin, Ohio.''.

SEC. 4324. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.

    The public access features of the Atchafalaya Basin Floodway 
System, Louisiana, project, authorized by the section 601(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4142), are modified 
to authorize the Secretary to acquire from willing sellers the fee 
interest, exclusive of oil, gas, and minerals, of an additional 20,000 
acres of land in the Lower Atchafalaya Basin Flood for the public 
access feature of the Atchafalaya Basin Floodway System, to enhance 
fish and wildlife resources, at a total cost of $4,000,000.

SEC. 4325. ONONDAGA LAKE, NEW YORK.

    Section 573 of the Water Resources Development Act of 1999 (113 
Stat. 372) is amended--
            (1) in subsection (f), by striking ``$10,000,000'' and 
        inserting ``$30,000,000'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
carried out under this section, a non-Federal interest may include a 
nonprofit entity, with the consent of the affected local government.''.

SEC. 4326. MISSOURI RIVER RESTORATION, NORTH DAKOTA.

    Section 707(a) of the Water Resources Act of 2000 (114 Stat. 2699) 
is amended in the first sentence by striking ``2005'' and inserting 
``2010''.

SEC. 4327. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.

    Section 567 if the Water Resources Development Act of 1996 (110 
Stat. 3787) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Cooperation Agreements.--
            ``(1) In general.--In conducting the study and implementing 
        the strategy under this section, the Secretary shall enter into 
        cost-sharing and project cooperation agreements with the 
        Federal Government, State and local governments (with the 
        consent of the State and local governments), land trusts, or 
        nonprofit, nongovernmental organizations with expertise in 
        wetland restoration.
            ``(2) Financial assistance.--Under the cooperation 
        agreement, the Secretary may provide assistance for 
        implementation of wetland restoration projects and soil and 
        water conservation measures.''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Implementation of Strategy.--
            ``(1) In general.--The Secretary shall carry out the 
        development, demonstration, and implementation of the strategy 
        under this section in cooperation with local landowners, local 
        government officials, and land trusts.
            ``(2) Goals of projects.--Projects to implement the 
        strategy under this subsection shall be designed to take 
        advantage of ongoing or planned actions by other agencies, 
        local municipalities, or nonprofit, nongovernmental 
        organizations with expertise in wetland restoration that would 
        increase the effectiveness or decrease the overall cost of 
        implementing recommended projects.''.

SEC. 4328. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
              TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.

    (a) Disbursement Provisions of the State of South Dakota and the 
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial 
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the 
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``and the Secretary 
                of the Treasury'' after ``Secretary''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the State of South Dakota funds from the 
                        State of South Dakota Terrestrial Wildlife 
                        Habitat Restoration Trust Fund established 
                        under section 603, to be used to carry out the 
                        plan for terrestrial wildlife habitat 
                        restoration submitted by the State of South 
                        Dakota after the State certifies to the 
                        Secretary of the Treasury that the funds to be 
                        disbursed will be used in accordance with 
                        section 603(d)(3) and only after the Trust Fund 
                        is fully capitalized.''; and
            (2) in subparagraph (B), by striking clause (ii) and 
        inserting the following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the Cheyenne River Sioux Tribe and the Lower 
                        Brule Sioux Tribe funds from the Cheyenne River 
                        Sioux Terrestrial Wildlife Habitat Restoration 
                        Trust Fund and the Lower Brule Sioux 
                        Terrestrial Wildlife Habitat Restoration Trust 
                        Fund, respectively, established under section 
                        604, to be used to carry out the plans for 
                        terrestrial wildlife habitat restoration 
                        submitted by the Cheyenne River Sioux Tribe and 
                        the Lower Brule Sioux Tribe, respectively, 
                        after the respective tribe certifies to the 
                        Secretary of the Treasury that the funds to be 
                        disbursed will be used in accordance with 
                        section 604(d)(3) and only after the Trust Fund 
                        is fully capitalized.''.
    (b) Investment Provisions of the State of South Dakota Terrestrial 
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources 
Development Act of 1999 (113 Stat. 388) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Fund.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest the Fund in accordance with all of the 
                requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in the Fund under subsection (b) 
                        shall be credited to an account within the Fund 
                        (referred to in this paragraph as the 
                        `principal account') and invested as provided 
                        in subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of the Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of the Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of the Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuance of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested in eligible 
                        obligations that are identical (except for 
                        transferability) to publicly issued Treasury 
                        obligations that have maturities that coincide, 
                        to the maximum extent practicable, with the 
                        date on which the Fund is expected to be fully 
                        capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the State of South Dakota the 
        results of the investment activities and financial status of 
        the Fund during the preceding 12-month period.'';
            (2) in subsection (d)(2), by inserting ``of the Treasury'' 
        after Secretary''; and
            (3) by striking subsection (f) and inserting the following:
    ``(f) Administrative Expenses.--There are authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Secretary of the Treasury, to pay expenses 
associated with investing the Fund and auditing the uses of amounts 
withdrawn from the Fund--
            ``(1) up to $500,000 for each of fiscal years 2004 and 
        2005; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year. ''.
    (c) Investment Provisions for the Cheyenne River Sioux Tribe and 
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water 
Resources Development Act of 1999 (113 Stat. 389) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Funds.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest each of the Funds in accordance with all 
                of the requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in each Fund under subsection (b) 
                        shall be credited to an account within the Fund 
                        (referred to in this paragraph as the 
                        `principal account') and invested as provided 
                        in subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of each Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of each Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of each Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuation of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of the interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which each Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested in eligible 
                        obligations that are identical (except for 
                        transferability) to publicly issued Treasury 
                        obligations that have maturities that coincide, 
                        to the maximum extent practicable, with the 
                        date on which the Fund is expected to be fully 
                        capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which each Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe the results of the investment 
        activities and financial status of the Funds during the 
        preceding 12-month period.''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Administrative Expenses.--There are authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Secretary of the Treasury to pay expenses 
associated with investing the Funds and auditing the uses of amounts 
withdrawn from the Funds--
            ``(1) up to $500,000 for each of fiscal years 2004 and 
        2005; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.''.

SEC. 4329. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

    (a) Representation of Rural Water Systems.--Section 904(b)(1)(B) of 
the Water Resources Development Act of 2000 (114 Stat. 2708) is 
amended--
            (1) in clause (vii), by striking ``and'' at the end;
            (2) by redesignating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                            ``(viii) rural water systems; and''.
    (b) Reauthorization.--Section 907(a) of the Water Resources 
Development Act of 2000 (114 Stat. 2712) is amended in the first 
sentence by striking ``2005'' and inserting ``2010''.

SEC. 4330. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

    Section 514(g) of the Water Resources Development Act of 1999 (113 
Stat. 343; 117 Stat. 142) is amended by striking ``and 2004'' and 
inserting ``through 2015''.

SEC. 4331. LAKE CHAMPLAIN EURASIAN MILFOIL AND WATER CHESTNUT CONTROL, 
              VERMONT.

    Under authority of section 104 of the River and Harbor Act of 1958 
(33 U.S.C. 610), the Secretary shall revise the existing General Design 
Memorandum to permit the use of chemical means of control, when 
appropriate, of Eurasian milfoil and water chestnuts in the Lake 
Champlain basin, Vermont.

SEC. 4332. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

    Section 542 of the Water Resources Development Act of 2000 (42 
Stat. 2671) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) river corridor assessment, protection, 
                management, and restoration for the purposes of 
                ecosystem restoration;
                    ``(F) geographic mapping conducted by the Secretary 
                using existing technical capacity to produce a high-
                resolution, multispectral satellite imagery-based land 
                use and cover data set; or''; and
            (2) in subsection (g), by striking ``$20,000,000'' and 
        inserting ``$32,000,000''.

SEC. 4333. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND MARYLAND.

    Section 704(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2263(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) in paragraph (1)--
                    (A) in the second sentence, by striking 
                ``$20,000,000'' and inserting ``$50,000,000''; and
                    (B) in the third sentence, by striking ``Such 
                projects'' and inserting the following:
            ``(2) Inclusions.--Such projects'';
            (3) by striking paragraph (2)(D) (as redesignated by 
        paragraph (2)(B)) and inserting the following:
                    ``(D) the restoration and rehabilitation of habitat 
                for fish, including native oysters, in the Chesapeake 
                Bay and its tributaries in Virginia and Maryland, 
                including--
                            ``(i) the construction of oyster bars and 
                        reefs;
                            ``(ii) the rehabilitation of existing 
                        marginal habitat;
                            ``(iii) the use of appropriate alternative 
                        substrate material in oyster bar and reef 
                        construction;
                            ``(iv) the construction and upgrading of 
                        oyster hatcheries; and
                            ``(v) activities relating to increasing the 
                        output of native oyster broodstock for seeding 
                        and monitoring of restored sites to ensure 
                        ecological success.
            ``(3) Restoration and rehabilitation activities.--The 
        restoration and rehabilitation activities described in 
        paragraph (2)(D) shall be--
                    ``(A) for the purpose of establishing permanent 
                sanctuaries and harvest management areas; and
                    ``(B) consistent with plans and strategies for 
                guiding the restoration of the Chesapeake Bay oyster 
                resource and fishery.''; and
            (4) by adding at the end the following:
            ``(5) Definition of ecological success.--In this 
        subsection, the term `ecological success' means--
                    ``(A) achieving a tenfold increase in native oyster 
                biomass by the year 2010, from a 1994 baseline; and
                    ``(B) the establishment of a sustainable fishery as 
                determined by a broad scientific and economic 
                consensus.''.

SEC. 4334. LAKES PROGRAM.

    Section 602(a) of the Water Resources Development Act of 1986 (100 
Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) in paragraph (19), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(20) Kinkaid Lake, Jackson County, Illinois, removal of 
        silt and aquatic growth and measures to address excessive 
        sedimentation;
            ``(21) Lake Sakakawea, North Dakota, removal of silt and 
        aquatic growth and measures to address excessive sedimentation;
            ``(22) Lake Morley, Vermont, removal of silt and aquatic 
        growth and measures to address excessive sedimentation; and
            ``(23) Lake Fairlee, Vermont, removal of silt and aquatic 
        growth and measures to address excessive sedimentation.''.

SEC. 4335. ESTUARY RESTORATION.

    (a) Purposes.--Section 102 of the Estuary Restoration Act of 2000 
(33 U.S.C. 2901) is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``by implementing a coordinated Federal approach to 
        estuary habitat restoration activities, including the use of 
        common monitoring standards and a common system for tracking 
        restoration acreage'';
            (2) in paragraph (2), by inserting ``and implement'' after 
        ``to develop''; and
            (3) in paragraph (3), by inserting ``through cooperative 
        agreements'' after ``restoration projects''.
    (b) Definition of Estuary Habitat Restoration Plan.--Section 
103(6)(A) of the Estuary Restoration Act of 2000 (33 U.S.C. 2902(6)(A)) 
is amended by striking ``Federal or State'' and inserting ``Federal, 
State, or regional''.
    (c) Estuary Habitat Restoration Program.--Section 104 of the 
Estuary Restoration Act of 2000 (33 U.S.C. 2903) is amended--
            (1) in subsection (a), by inserting ``through the award of 
        contracts and cooperative agreements'' after ``assistance'';
            (2) in subsection (c)--
                    (A) in paragraph (3)(A), by inserting ``or State'' 
                after ``Federal''; and
                    (B) in paragraph (4)(B), by inserting ``or 
                approach'' after ``technology'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Except'' and inserting 
                        the following:
                            ``(i) In general.--Except''; and
                            (ii) by adding at the end the following:
                            ``(ii) Monitoring.--
                                    ``(I) Costs.--The costs of 
                                performing monitoring of an estuary 
                                habitat restoration project funded 
                                under this title may be included in the 
                                total cost of the estuary habitat 
                                restoration project.
                                    ``(II) Goals.--The goals of the 
                                monitoring are--
                                            ``(aa) to measure the 
                                        effectiveness of the 
                                        restoration project; and
                                            ``(bb) to allow adaptive 
                                        management to ensure project 
                                        success.'';
                    (B) in paragraph (2), by inserting ``or approach'' 
                after ``technology''; and
                    (C) in paragraph (3), by inserting ``(including 
                monitoring)'' after ``services'';
            (4) in subsection (f)(1)(B), by inserting ``long-term'' 
        before ``maintenance''; and
            (5) in subsection (g)--
                    (A) by striking ``In carrying'' and inserting the 
                following:
            ``(1) In general.--In carrying''; and
                    (B) by adding at the end the following:
            ``(2) Small projects.--In the case of a project carried out 
        under this Act with a Federal share of less than $1,000,000, 
        the Secretary, on the recommendation of the Council, shall 
        consider delegating implementation of the project, on a 
        reimbursable basis, to--
                    ``(A) the Secretary of the Interior (acting through 
                the Director of the United States Fish and Wildlife 
                Service); or
                    ``(B) the Under Secretary for Oceans and Atmosphere 
                of the Department of Commerce.''.
    (d) Establishment of Estuary Habitat Restoration Council.--Section 
105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(b)) is 
amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) cooperating in the implementation of the strategy 
        developed under section 106;
            ``(7) recommending standards for monitoring for restoration 
        projects and contribution of project information to the 
        database developed under section 107; and
            ``(8) otherwise using the respective agency authorities of 
        the Council members to carry out this title.''.
    (e) Monitoring of Estuary Habitat Restoration Projects.--Section 
107(d) of the Estuary Restoration Act of 2000 (33 U.S.C. 2906(d)) is 
amended by striking ``compile'' and inserting ``have general data 
compilation, coordination, and analysis responsibilities to carry out 
this title and in support of the strategy developed under section 107, 
including compilation of''.
    (f) Reporting.--Section 108(a) of the Estuary Restoration Act of 
2000 (33 U.S.C. 2907(a)) is amended by striking ``third and fifth'' and 
inserting ``sixth, eighth, and tenth''.
    (g) Funding.--Section 109(a) of the Estuary Restoration Act of 2000 
(33 U.S.C. 2908(a)) is amended--
            (1) in paragraph (1), by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) to the Secretary, $25,000,000 for each of 
                fiscal years 2006 through 2010;
                    ``(B) to the Secretary of the Interior (acting 
                through the Director of the United States Fish and 
                Wildlife Service), $5,000,000 for each of fiscal years 
                2006 through 2010; and
                    ``(C) to the Under Secretary for Oceans and 
                Atmosphere of the Department of Commerce, $5,000,000 
                for each of fiscal years 2006 through 2010.''; and
            (2) in the first sentence of paragraph (2)--
                    (A) by inserting ``and other information compiled 
                under section 107'' after ``this title''; and
                    (B) by striking ``2005'' and inserting ``2010''.
    (h) General Provisions.--Section 110 of the Estuary Restoration Act 
of 2000 (33 U.S.C. 2909) is amended--
            (1) in subsection (a), by striking ``Secretary'' and 
        inserting ``lead agency'';
            (2) in subsection (b)--
                    (A) by striking ``Secretary'' and inserting ``lead 
                agency''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or contracts'' after 
                        ``agreements''; and
                            (ii) by inserting ``, nongovernmental 
                        organizations,'' after ``agencies''; and
            (3) by striking subsections (d) and (e).

                     Subchapter C--Deauthorizations

SEC. 4351. DOG RIVER PILOT PROJECT, ALABAMA.

    The project for ecosystem restoration, Dog River Pilot Project, 
Alabama, authorized by section 518 of the Water Resources Development 
Act of 1999 (113 Stat. 345), is not authorized.

SEC. 4352. CENTRAL AND SOUTHERN FLORIDA, EVERGLADES NATIONAL PARK, 
              FLORIDA.

    The project to modify the Central and Southern Florida project to 
improve water supply to the Everglades National Park, Florida, 
authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 
1257) and the Flood Control Act of 1968 (82 Stat. 740), is not 
authorized.

                 Subtitle B--Environmental Remediation

               CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS

SEC. 4401. REMEDIATION OF ABANDONED MINE SITES.

    Section 560 of the Water Resources Development Act of 1999 (33 
U.S.C. 2336; 113 Stat. 354-355) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively;
            (3) by inserting before subsection (b) (as redesignated by 
        paragraph (2)) the following:
    ``(a) Definition of Non-Federal Interest.--In this section, the 
term `non-Federal interest' includes, with the consent of the affected 
local government, nonprofit entities, notwithstanding section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).'';
            (4) in subsection (b) (as redesignated by paragraph (2)), 
        by--
                    (A) by inserting ``, and construction'' before 
                ``assistance''; and
                    (B) by inserting ``, including, with the consent of 
                the affected local government, nonprofit entities,'' 
                after ``non-Federal interests'';
            (5) in paragraph (3) of subsection (c) (as redesignated by 
        paragraph (2))--
                    (A) by inserting ``physical hazards and'' after 
                ``adverse''; and
                    (B) by striking ``drainage from'';
            (6) in subsection (d) (as redesignated by paragraph (2)), 
        by striking ``50'' and inserting ``25''; and
            (7) by adding at the end the following:
    ``(g) Operation and Maintenance.--The non-Federal share of the 
costs of operation and maintenance for a project carried out under this 
section shall be 100 percent.
    ``(h) Credit.--A non-Federal interest shall receive credit toward 
the non-Federal share of cost of a project under this section for 
design and construction services and other in-kind consideration 
provided by the non-Federal interest if the Secretary determines that 
the design and construction services and other in-kind contributions 
are integral to the project.
    ``(i) No Effect on Liability.--The provision of assistance under 
this section shall not relieve from liability any person that would 
otherwise be liable under Federal or State law for damages, response 
costs, natural resource damages, restitution, equitable relief, or any 
other relief.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for each fiscal year 
$45,000,000, to remain available until expended.''.

                        CHAPTER 2--MODIFICATIONS

SEC. 4411. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, VIRGINIA.

    Section 591(a)(2) of the Water Resources Development Act of 1999 
(113 Stat. 378) is amended by striking ``$12,000,000'' and inserting 
``$22,000,000''.

                TITLE V--WATER STORAGE AND WATER QUALITY

                   Subtitle A--Water Storage Program

               CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS

SEC. 5101. SMALL PROJECTS FOR THE REHABILITATION OR REMOVAL OF DAMS.

    (a) In General.--The Secretary may carry out a small dam removal or 
rehabilitation project if the Secretary determines that the project 
will improve the quality of the environment or is in the public 
interest.
    (b) Cost Sharing.--A non-Federal interest shall provide 35 percent 
of the cost of the removal or remediation of any project carried out 
under this section, including provision of all land, easements, rights-
of-way, and necessary relocations.
    (c)  Agreements.--Construction of a project under this section 
shall be commenced only after a non-Federal interest has entered into a 
binding agreement with the Secretary to pay--
            (1) the non-Federal share of the costs of construction 
        required by this section; and
            (2) 100 percent of any operation and maintenance cost.
    (d) Cost Limitation.--Not more than $5,000,000 in Federal funds may 
be allotted under this section for a project at any single location.
    (e) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each fiscal year.

                           CHAPTER 2--STUDIES

SEC. 5201. SELENIUM STUDY, COLORADO.

    (a) In General.--The Secretary, in consultation with State water 
quality and resource and conservation agencies, shall conduct regional 
and watershed-wide studies to address selenium concentrations, 
including studies--
            (1) to measure selenium on specific sites; and
            (2) to determine whether specific selenium measures studied 
        should be recommended for use in demonstration projects.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

                          CHAPTER 3--PROJECTS

                      Subchapter A--Modifications

SEC. 5301. UNION LAKE, MISSOURI.

    (a) In General.--The Secretary shall offer to convey to the State 
of Missouri, before January 31, 2005, all right, title, and interest in 
and to approximately 205.50 acres of land described in subsection (b) 
purchased for the Union Lake Project that was deauthorized as of 
January 1, 1990 (55 Fed. Reg. 40906) in accordance with section 1001 of 
the Water Resources Development Act of 1986 (33 U.S.C. 579a(a)).
    (b) Land Description.--The land referred to in subsection (a) is 
described as follows:
            (1) Tract 500.--A tract of land situated in Franklin 
        County, Missouri, being part of the SW\1/4\ of sec. 7, and the 
        NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of the 
        fifth principal meridian, consisting of approximately 112.50 
        acres.
            (2) Tract 605.--A tract of land situated in Franklin 
        County, Missouri, being part of the N\1/2\ of the NE, and part 
        of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the fifth 
        principal meridian, consisting of approximately 93.00 acres.
    (c) Conveyance.--Upon acceptance by the State of Missouri of the 
offer by the Secretary under subsection (a), the land described in 
subsection (b) shall immediately be conveyed, in its current condition, 
by Secretary to the State of Missouri.

SEC. 5302. FORT PECK FISH HATCHERY, MONTANA.

    Section 325(f)(1)(A) of the Water Resources Development Act of 2000 
(114 Stat. 2607) is amended by striking ``$20,000,000'' and inserting 
``$25,000,000''.

SEC. 5303. ARCADIA LAKE, OKLAHOMA.

    Payments made by the city of Edmond, Oklahoma, to the Secretary in 
October 1999 of all costs associated with present and future water 
storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water 
Storage Contract Number DACW56-79-C-002 shall satisfy the obligations 
of the city under that contract.

SEC. 5304. WAURIKA LAKE, OKLAHOMA.

    The remaining obligation of the Waurika Project Master Conservancy 
District payable to the United States Government in the amounts, rates 
of interest, and payment schedules--
            (1) is set at the amounts, rates of interest, and payment 
        schedules that existed on June 3, 1986; and
            (2) may not be adjusted, altered, or changed without a 
        specific, separate, and written agreement between the District 
        and the United States.

SEC. 5305. DAM REMEDIATION, VERMONT.

    Section 543 of the Water Resources Development Act of 2000 (114 
Stat. 2673) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) may carry out measures to restore, protect, and 
        preserve an ecosystem affected by a dam described in subsection 
        (b).''; and
            (2) in subsection (b), by adding at the end the following:
            ``(11) Camp Wapanacki, Hardwick.
            ``(12) Star Lake Dam, Mt. Holly.
            ``(13) Curtis Pond, Calais.
            ``(14) Weathersfield Reservoir, Springfield.
            ``(15) Burr Pond, Sudbury.
            ``(16) Maidstone Lake, Guildhall.
            ``(17) Upper and Lower Hurricane Dam.
            ``(18) Lake Fairlee.
            ``(19) West Charleston Dam.''.

SEC. 5306. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

    Section 21 of the Water Resources Development Act of 1988 (102 
Stat. 4027) is amended--
            (1) in subsection (a)--
                    (A) by striking ``1276.42'' and inserting 
                ``1278.42'';
                    (B) by striking ``1218.31'' and inserting 
                ``1221.31''; and
                    (C) by striking ``1234.82'' and inserting 
                ``1235.30''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Exception.--
            ``(1) In general.--The Secretary may operate the headwaters 
        reservoirs below the minimum or above the maximum water levels 
        established under subsection (a) in accordance with water 
        control regulation manuals (or revisions to those manuals) 
        developed by the Secretary, after consultation with the 
        Governor of Minnesota and affected tribal governments, 
        landowners, and commercial and recreational users.
            ``(2) Effective date of manuals.--The water control 
        regulation manuals referred to in paragraph (1) (and any 
        revisions to those manuals) shall be effective as of the date 
        on which the Secretary submits the manuals (or revisions) to 
        Congress.
            ``(3) Notification.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not less than 14 days before 
                operating any headwaters reservoir below the minimum or 
                above the maximum water level limits specified in 
                subsection (a), the Secretary shall submit to Congress 
                a notice of intent to operate the headwaters reservoir.
                    ``(B) Exception.--Notice under subparagraph (A) 
                shall not be required in any case in which--
                            ``(i) the operation of a headwaters 
                        reservoir is necessary to prevent the loss of 
                        life or to ensure the safety of a dam; or
                            ``(ii) the drawdown of the water level of 
                        the reservoir is in anticipation of a flood 
                        control operation.''.

                     Subchapter B--Deauthorizations

SEC. 5321. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL AREA, 
              KENTUCKY AND TENNESSEE.

    The project for recreation facilities at Big South Fork National 
River and Recreational Area, Kentucky and Tennessee, authorized by 
section 108 of the Water Resources Development Act of 1974 (88 Stat. 
43), is not authorized.

                       Subtitle B--Water Quality

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 5401. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING OF 
              PERMITS.

    Section 214(a) of the Water Resources Development Act of 2000 (33 
U.S.C. 2201 note; 114 Stat. 2594) is amended by striking ``In fiscal 
years 2001 through 2003, the'' and inserting ``The''.

SEC. 5402. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish procedures to 
allow electronic submission of permit applications for permits under 
the jurisdiction of the Corps of Engineers.
    (b) Limitations.--This section does not preclude the submission of 
a hard copy, as required.

                 CHAPTER 2--DEAUTHORIZATION OF PROJECTS

SEC. 5421. BRIDGEPORT, CONNECTICUT.

    The project for environmental infrastructure, Bridgeport, 
Connecticut, authorized by section 219(f)(26) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 5422. HARTFORD, CONNECTICUT.

    The project for environmental infrastructure, Hartford, 
Connecticut, authorized by section 219(f)(27) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 5423. NEW HAVEN, CONNECTICUT.

    The project for environmental infrastructure, New Haven, 
Connecticut, authorized by section 219(f)(28) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 5424. CASCO BAY, PORTLAND, MAINE.

    The project for environmental infrastructure, Casco Bay in the 
Vicinity of Portland, Maine, authorized by section 307 of the Water 
Resources Development Act of 1992 (106 Stat. 4841), is not authorized.

SEC. 5425. PENOBSCOT RIVER, BANGOR, MAINE.

    The project for environmental infrastructure, Penobscot River in 
the Vicinity of Bangor, Maine, authorized by section 307 of the Water 
Resources Development Act of 1992 (106 Stat. 4841), is not authorized.

SEC. 5426. SAINT JOHN RIVER BASIN, MAINE.

    The project for research and demonstration program of cropland 
irrigation and soil conservation techniques, Saint John River Basin, 
Maine, authorized by section 1108 of the Water Resources Development 
Act of 1986 (106 Stat. 4230), is not authorized.

SEC. 5427. EPPING, NEW HAMPSHIRE.

    The project for environmental infrastructure, Epping, New 
Hampshire, authorized by section 219(c)(6) of the Water Resources 
Development Act of 1992 (106 Stat. 4835), is not authorized.

SEC. 5428. MANCHESTER, NEW HAMPSHIRE.

    The project for environmental infrastructure, Manchester, New 
Hampshire, authorized by section 219(c)(7) of the Water Resources 
Development Act of 1992 (106 Stat. 4836), is not authorized.

                Subtitle C--Watershed Planning Programs

SEC. 5451. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND.

    (a) Assistance.--The Secretary may provide technical assistance to 
the Secretary of Agriculture for use in carrying out the Conservation 
Corridor Demonstration Program established under subtitle G of title II 
of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 
note; 116 Stat. 275).
    (b) Coordination and Integration.--In carrying out water resources 
projects in the States on the Delmarva Peninsula, the Secretary shall 
coordinate and integrate those projects, to the maximum extent 
practicable, with any activities carried out to implement a 
conservation corridor plan approved by the Secretary of Agriculture 
under section 2602 of the Farm Security and Rural Investment Act of 
2002 (16 U.S.C. 3801 note; 116 Stat. 275).

SEC. 5452. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE, 
              MARYLAND, PENNSYLVANIA, AND VIRGINIA.

    (a) Ex Officio Member.--
            (1) In general.--Notwithstanding the provisions of law 
        referred to in paragraph (2), for fiscal year 2005 and each 
        fiscal year thereafter, the Division Engineer, North Atlantic 
        Division, Corps of Engineers--
                    (A) shall be the ex officio United States member 
                under the Susquehanna River Basin Compact and the 
                Delaware River Basin Compact;
                    (B) shall serve without additional compensation; 
                and
                    (C) may designate an alternate member or members in 
                accordance with the terms of the applicable compact.
            (2) Relationship to other law.--The provisions of law 
        referred to in paragraph (1) are--
                    (A) section 3001(a) of the 1997 Emergency 
                Supplemental Appropriations Act for Recovery From 
                Natural Disasters, and for Overseas Peacekeeping 
                Efforts, Including Those in Bosnia (111 Stat. 176);
                    (B) section 2.2 of the Susquehanna River Basin 
                Compact (84 Stat. 1512); and
                    (C) section 2.2 of the Delaware River Basin Compact 
                (75 Stat. 691),
    (b) Authorization To Allocate.--The Secretary shall allocate funds 
to the Susquehanna River Basin Commission established under the 
Susquehanna River Basin Compact (84 Stat. 1509), the Delaware River 
Basin Commission established under the Delaware River Basin Compact (75 
Stat. 691), and the Interstate Commission on the Potomac River Basin 
established under the Potomac River Basin Compact (84 Stat. 856), to 
fulfill the equitable funding requirements of the applicable compacts.
    (c) Water Storage.--
            (1) In general.--The Secretary shall enter into an 
        agreement with Delaware River Basin Commission to provide 
        temporary water storage at the Francis E. Walter Dam, 
        Pennsylvania, during any period in which the Commission has 
        determined that a drought warning or drought emergency exists.
            (2) Maximum costs.--The agreement shall provide that the 
        cost for any such water storage shall not exceed the 
        incremental operating costs associated with providing the 
        storage.

                                                       Calendar No. 672

108th CONGRESS

  2d Session

                                S. 2773

                          [Report No. 108-314]

_______________________________________________________________________

                                 A BILL

 To provide for the consideration 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.

_______________________________________________________________________

                            August 25, 2004

                 Read twice and placed on the calendar
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