II 

108TH CONGRESS 

2D SESSION S. 2554

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 

JUNE 21, 2004

Mr. FRIST (for Mr. INHOFE (for himself, Mr. JEFFORDS, Mr. BOND, and Mr. 

REID)) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Resources Development Act of 2004’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:
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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.

TITLE II—NAVIGATION 

Subtitle A—Inland Waterways 

CHAPTER 1—STUDY AUTHORIZATIONS

Sec. 2101. Middle Bass Island State Park, Middle Bass Island, Ohio. 

CHAPTER 2—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 2121. Deep Creek, Chesapeake, Virginia. 

SUBCHAPTER B—MODIFICATIONS

Sec. 2131. Black Warrior-Tombigbee Rivers, Alabama. 

Sec. 2132. Larkspur Ferry Channel, California. 

Sec. 2133. Redwood city navigation project, California. 

Sec. 2134. St. George’s Bridge, Delaware. 

Sec. 2135. Chicago River, Illinois. 

Sec. 2136. Red River (J. Bennett Johnston) Waterway, Louisiana. 

Sec. 2137. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 2138. Cooper River bridge demolition, Charleston, South Carolina. 

Sec. 2139. Plant Replacement and Improvement Program, Corps of Engineers 

Charleston District Equipment and Storage Yard, South Carolina. 

Sec. 2140. Old Hickory Lock and Dam, Cumberland River, Tennessee. 

Sec. 2141. McNary Lock and Dam, McNary National Wildlife Refuge, Washington. 

Sec. 2142. Marmet Lock, Kanawha River, West Virginia. 

Sec. 2143. Navigation capacity improvements. 

Sec. 2144. Pilot program, Middle Mississippi River. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 2161. Inland Waterway from Delaware River to Chesapeake Bay, Part II, 

installation of fender protection for bridges, Delaware and 

Maryland. 

Sec. 2162. Mayo’s Bar lock and dam, Coosa River, Rome, Georgia. 
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Sec. 2163. Mississippi River, Muscatine, Iowa. 

Sec. 2164. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana. 

Sec. 2165. Eisenhower and Snell locks, New York. 

Sec. 2166. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas. 

Sec. 2167. Schuylkill River, Pennsylvania. 

Sec. 2168. Lake of the Pines, Texas. 

Sec. 2169. Tennessee Colony Lake, Texas. 

Sec. 2170. City Waterway, Tacoma, Washington. 

Subtitle B—Ports and Harbors 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 2211. Small river and harbor improvement projects. 

CHAPTER 2—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 2221. Akutan Harbor, Akutan, Alaska. 

Sec. 2222. Haines Small Boat Harbor, Haines, Alaska. 

Sec. 2223. Unalaska Small Boat Harbor, Unalaska, Alaska. 

Sec. 2224. Miami Harbor, Miami, Florida. 

Sec. 2225. Port of Iberia, Louisiana. 

Sec. 2226. Corpus Christi Ship Channel, Corpus Christi, Texas. 

Sec. 2227. AIWW—bridge replacement at Deep Creek, Virginia. 

SUBCHAPTER B—MODIFICATIONS

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. Land conveyance, Richard B. Russell dam and lake, Georgia and 

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. Toussant River Navigation Project, Carroll Township, Ohio. 

Sec. 2256. Gulf Intracoastal Waterway, Brazos River to Port O’Connor, Texas. 

Sec. 2257. Gulf Intracoastal Waterway, High Island to Brazos River, Texas. 

Sec. 2258. Tangier Island seawall, Virginia. 

Sec. 2259. Lower granite pool, Washington. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 2271. Jackson Port, Jackson, Alabama. 

Sec. 2272. Bridgeport Harbor, Connecticut. 

Sec. 2273. Muscatine Harbor, Iowa. 
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Sec. 2274. Bayou LaFourche and LaFourche Jump, Louisiana. 

Sec. 2275. Northeast Harbor, Maine. 

Sec. 2276. Tenants Harbor, Maine. 

Sec. 2277. Grand Haven Harbor, Michigan. 

Sec. 2278. Greenville Harbor, Mississippi. 

Sec. 2279. New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey. 

Sec. 2380. Olcott Harbor, Lake Ontario, New York. 

Sec. 2381. Outer Harbor, Buffalo, New York. 

Sec. 2382. Manteo Bay, North Carolina. 

Sec. 2383. Cleveland Harbor 1958 Act, Ohio. 

Sec. 2384. Cleveland Harbor 1960 Act, Ohio. 

Sec. 2385. Cleveland Harbor, uncompleted portion of Cut #4, Ohio. 

Sec. 2386. Columbia River, Seafarers Memorial, Hammond, Oregon. 

Sec. 2387. Delaware River, Philadelphia, Pennsylvania to Trenton, New Jersey. 

Sec. 2388. Narragansett Town Beach, Narragansett, Rhode Island. 

Sec. 2389. Quonset Point-Davisville, Rhode Island. 

TITLE III—FLOOD AND COASTAL STORM DAMAGE REDUCTION 

Subtitle A—Flood Damage Reduction 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 3001. Protection and restoration due to emergencies at shores and 

streambanks (PRESS). 

CHAPTER 2—STUDIES

Sec. 3101. Review of St. Helena comprehensive flood protection project, California. 

CHAPTER 3—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 3201. Tanque Verde Creek Project, Pima County, Arizona. 

Sec. 3202. Hamilton City, California. 

Sec. 3203. Middle Creek, Lake County, California. 

Sec. 3204. Indian River Lagoon, South Florida. 

Sec. 3205. Picayune Strand Ecosystem Restoration, Collier County, Florida. 

Sec. 3206. Swope Park Industrial Area, Missouri. 

Sec. 3207. Southwest Valley, Albuquerque, New Mexico. 

SUBCHAPTER B—MODIFICATIONS

Sec. 3211. St. Francis Basin, Arkansas and Missouri. 

Sec. 3212. Augusta and Clarendon, Arkansas. 

Sec. 3213. St. Francis Basin land transfer, Arkansas and Missouri. 

Sec. 3214. Red-Ouachita River Basin, Arkansas. 

Sec. 3215. Cache Creek Basin, California. 

Sec. 3216. Llagas Creek, California. 

Sec. 3217. Sacramento and American Rivers flood control, California. 

Sec. 3218. Upper Guadalupe River, California. 

Sec. 3219. Yuba River Basin Project, California. 

Sec. 3220. Dworshak Reservoir improvements, Idaho. 

Sec. 3221. Cache River Levee, Illinois.
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Sec. 3222. Missouri and Illinois flood protection projects reconstruction pilot 

program. 

Sec. 3223. Spunky Bottom, Illinois. 

Sec. 3224. Cumberland, Maryland. 

Sec. 3225. Land exchange, Pike County, Missouri. 

Sec. 3226. Lake Girard Lake Dam, Ohio. 

Sec. 3227. University of Oregon Museum of Natural History, Oregon. 

Sec. 3228. Tioga Township, Pennsylvania. 

Sec. 3229. Harris Fork Creek, Tennessee and Kentucky. 

Sec. 3230. Nonconnah Weir, Memphis, Tennessee. 

Sec. 3231. Connecticut River dams, Vermont. 

Sec. 3232. Dam remediation, Vermont. 

Sec. 3233. Chehalis River, Centralia, Washington. 

Sec. 3234. Erosion control, Puget Island, Wahkiakum County, Washington. 

Sec. 3235. Lower Mud River, Milton, West Virginia. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 3241. Little Cove Creek, Glencoe, Alabama. 

Sec. 3242. Winslow, Arizona. 

Sec. 3243. Goleta and vicinity, California. 

Sec. 3244. Shingle Creek Basin, Florida. 

Sec. 3245. Brevoort, Indiana. 

Sec. 3246. Middle Wabash, Greenfield Bayou, Indiana. 

Sec. 3247. Lake George, Hobart, Indiana. 

Sec. 3248. Green Bay Levee and Drainage District No. 2, Iowa. 

Sec. 3249. Eagle Creek Lake, Kentucky. 

Sec. 3250. Hazard, Kentucky. 

Sec. 3251. Taylorsville Lake, Kentucky. 

Sec. 3252. West Kentucky Tributaries, Kentucky. 

Sec. 3253. Bayou Cocodrie and Tributaries, Louisiana. 

Sec. 3254. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana. 

Sec. 3255. Platte River flood and related streambank erosion control, Nebraska. 

Sec. 3256. Sugar Creek Basin, North Carolina and South Carolina. 

Sec. 3257. Hocking River, Logan, Ohio. 

Sec. 3258. Fairfield, Ohio. 

Sec. 3259. Parker Lake, Muddy Boggy Creek, Oklahoma. 

Sec. 3260. Chartiers Creek, Cannonsburg (Houston Reach Unit 2B), Pennsylvania. 

Sec. 3261. Tioga-Hammond Lakes, Pennsylvania. 

Sec. 3262. Tamaqua, Pennsylvania. 

Sec. 3263. Arroyo Colorado, Texas. 

Sec. 3264. Cypress Creek-Structural, Texas. 

Sec. 3265. East Fork Channel Improvement, Increment 2, East Fork of the 

Trinity River, Texas. 

Sec. 3266. Falfurrias, Texas. 

Sec. 3267. Pecan Bayou Lake, Texas. 

Sec. 3268. Cabin Creek, West Virginia. 

Sec. 3269. Kanawha River, Charleston, West Virginia. 

Subtitle B—Coastal Storm Damage Reduction 

CHAPTER 1—GENERAL PROVISIONS

Sec. 3301. Shore protection and beach renourishment projects. 
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Sec. 3302. Regional sediment management. 

Sec. 3303. America’s wetland—Coastal Louisiana ecosystem protection and restoration. 

CHAPTER 2—STUDIES

Sec. 3311. Oceanside, California, shoreline special study. 

Sec. 3312. Coastal wetland conservation project funding. 

CHAPTER 3—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 3321. Morganza, Louisiana to the Gulf of Mexico. 

Sec. 3322. New Jersey Shore protection, Manasquan Inlet to Barnegat Inlet, 

New Jersey. 

Sec. 3323. South River, New Jersey. 

Sec. 3324. Montauk Point, New York. 

SUBCHAPTER B—MODIFICATIONS

Sec. 3331. National shoreline erosion control development and demonstration 

program. 

Sec. 3332. Imperial Beach, California. 

Sec. 3333. Orchard Beach, Bronx, New York. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 3341. Fort Livingston, Grand Terre Island, Louisiana. 

Sec. 3342. Maumee Bay, Lake Erie, Ohio. 

TITLE IV—ECOSYSTEM RESTORATION AND ENVIRONMENTAL 

REMEDIATION PROGRAM 

Subtitle A—Ecosystem Restoration 

CHAPTER 1—GENERAL PROVISIONS

Sec. 4001. Statement of policy. 

Sec. 4002. Ecosystem restoration benefits. 

CHAPTER 2—CONTINUING AUTHORITIES PROGRAMS

Sec. 4101. Chicago Sanitary and Ship Canal Dispersal Barriers Project, Illinois. 

Sec. 4102. Upper Connecticut River Basin Ecosystem Restoration, New Hampshire and Vermont. 

Sec. 4103. Study of water resource needs and development of a hydrologic 

model of the Connecticut River Basin, Vermont, New Hampshire, Massachusetts, and Connecticut. 

Sec. 4104. Upper Connecticut River Basin Wetland Restoration, New Hampshire and Vermont. 

Sec. 4105. Upper Willamette River Watershed Ecosystem Restoration, Oregon. 

Sec. 4106. Lake Champlain Canal study, Vermont and New York. 

Sec. 4107. Lake Champlain Watershed, Vermont and New York. 

Sec. 4108. Environmental remediation, Front Royal, Virginia. 

Sec. 4109. Restoration of the environment for protection of aquatic and riparian ecosystems program. 
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Sec. 4110. Environmental modification of projects for improvement and restoration of ecosystems program. 

Sec. 4111. Projects to enhance estuaries and coastal habitats. 

CHAPTER 3—STUDY MODIFICATIONS

Sec. 4201. San Pablo Bay Watershed restoration, California. 

CHAPTER 4—PROJECTS

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. South Platte River, Denver, Colorado. 

Sec. 4305. Smith Island, Maryland. 

Sec. 4306. Jamaica Bay, Marine Park and Plumb Beach, Queens and Brooklyn, New York. 

Sec. 4307. Riverside Oxbow, Fort Worth, Texas. 

SUBCHAPTER B—MODIFICATIONS

Sec. 4321. Hamilton Airfield, California. 

Sec. 4322. Implementation of projects funded by the Southern Nevada Public 

Lands Management Act, Lake Tahoe Basin, California and 

Nevada. 

Sec. 4323. Delmarva Conservation Corridor, Delaware. 

Sec. 4324. Allatoona Lake, Georgia. 

Sec. 4325. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 4326. Missouri River restoration, North Dakota. 

Sec. 4327. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 4328. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Funds, South Dakota. 

Sec. 4329. Missouri River restoration. 

Sec. 4330. Missouri and Middle Mississippi Rivers enhancement project. 

Sec. 4331. Lake Champlain Eurasion Milfoil and water chestnut control, 

Vermont. 

Sec. 4332. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 4333. Lakes program. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 4351. Deauthorization of projects. 

Sec. 4352. Dog River pilot project, Alabama. 

Sec. 4353. Central and southern Florida, Everglades National Park, Florida. 

Subtitle B—Environmental Remediation 

Sec. 4401. Remediation of abandoned mine sites. 

TITLE V—WATER STORAGE AND WATER QUALITY 

Subtitle A—Water Storage Program 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 5201. Mississippi River headwaters reservoirs. 

Sec. 5202. Union Lake, Missouri. 
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Sec. 5203. Small projects for the rehabilitation or removal of dams. 

CHAPTER 2—PROJECTS

SUBCHAPTER A—MODIFICATIONS

Sec. 5301. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 5302. Arcadia Lake, Oklahoma. 

Sec. 5303. Waurika Lake, Oklahoma. 

SUBCHAPTER B—DEAUTHORIZATIONS

Sec. 5321. Big South Fork National River and Recreational Area, Kentucky 

and Tennessee. 

Sec. 5322. Libby Dam, Montana. 

Subtitle B—Water Quality 

CHAPTER 1—GENERAL PROVISIONS

Sec. 5401. Funding to expedite the evaluation and processing of permits. 

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 Program 

Sec. 5451. Delmarva Conservation Corridor, Delaware and Maryland. 

Sec. 5452. Susquehanna, Delaware, and Potomac River Basins, Delaware, 

Maryland, Pennsylvania, and Virginia.

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 1001. CREDIT FOR IN-KIND CONTRIBUTIONS. 

6 Section 103(j) of the Water Resources Development 

7 Act of 1986 (33 U.S.C. 2213(j)) is amended by adding 

8 at the end the following: 

9 ‘‘(3) CREDIT FOR IN-KIND CONTRIBUTIONS.—
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1 ‘‘(A) IN GENERAL.—An agreement under 

2 paragraph (1) shall provide that the Secretary 

3 shall credit toward the non-Federal share of the 

4 cost of the project (including a project imple5 mented under general, continuing authority) the 

6 value of in-kind contributions made by the non7 Federal interest, including—

8 ‘‘(i) the costs of planning (including 

9 data collection), design, management, miti10 gation, construction, and construction serv11 ices that are provided by the non-Federal 

12 interest for implementation of the project; 

13 and 

14 ‘‘(ii) the value of materials or services 

15 provided before execution of an agreement 

16 for the project, including—

17 ‘‘(I) efforts on constructed ele18 ments incorporated into the project; 

19 and 

20 ‘‘(II) materials and services pro21 vided after an agreement is executed. 

22 ‘‘(B) CONDITION.—The Secretary shall 

23 credit an in-kind contribution under subpara24 graph (A) if the Secretary determines that the 
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1 property or service provided as an in-kind con2 tribution is integral to the project. 

3 ‘‘(C) LIMITATIONS.—Credit authorized for 

4 a project—

5 ‘‘(i) shall not exceed the non-Federal 

6 share of the cost of the project; 

7 ‘‘(ii) shall not alter any other require8 ment that a non-Federal interest provide 

9 land, an easement or right-of-way, or an 

10 area for disposal of dredged material for 

11 the project; and 

12 ‘‘(iii) shall not exceed the actual and 

13 reasonable costs of the materials, services, 

14 or other things provided by the non-Fed15 eral interest, as determined by the Sec16 retary.’’. 

17 SEC. 1002. INTERAGENCY AND INTERNATIONAL SUPPORT 

18 AUTHORITY. 

19 (a) FINDINGS.—Congress finds that—

20 (1) the Corps of Engineers makes a valuable 

21 contribution to the United States by using its talents 

22 to support the programs and interests of—

23 (A) other Federal agencies; 

24 (B) State, tribal, and local governments; 

25 (C) international organizations; and 
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1 (D) friendly foreign countries; 

2 (2) the Corps of Engineers assists those entities 

3 in executing programs in a cost-effective, sustainable 

4 manner; 

5 (3) the interagency and international services 

6 provided by the Corps of Engineers—

7 (A) make a significant contribution to the 

8 national security of the United States by assist9 ing in the development of secure, stable, and 

10 sustainable economies, governments, and insti11 tutions around the world; 

12 (B) supporting the economic well-being of 

13 the United States; and 

14 (C) protecting the environment in the 

15 United States. 

16 (b) SUPPORT AUTHORITY.—Section 234 of the Water 

17 Resources Development Act of 1996 (33 U.S.C. 2323a) 

18 is amended—

19 (1) by striking subsection (a) and inserting the 

20 following: 

21 ‘‘(a) IN GENERAL.—The Secretary may engage in ac22 tivities (including contracting) in support of other Federal 

23 agencies, international organizations engaged in inter24 national activities, or foreign governments to address 

25 problems of national significance to the United States.’’; 
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1 (2) in subsection (b), by striking ‘‘Secretary of 

2 State’’ and inserting ‘‘Department of State’’; and 

3 (3) in subsection (d), by striking ‘‘$250,000 for 

4 fiscal year 2001’’ and inserting ‘‘$1,000,000 for fis5 cal year 2005’’. 

6 (c) NECESSARY SERVICES.—The Secretary may pro7 vide necessary services for projects and activities for each 

8 of the following locations: 

9 (1) Lake Wappanoca, Arkansas. 

10 (2) Arkansas Valley Conduit, Colorado. 

11 (3) Egmont Key, Florida. 

12 (4) Wind River Irrigation Project, Wyoming. 

13 SEC. 1003. TRAINING FUNDS. 

14 (a) IN GENERAL.—The Secretary may include indi15 viduals from the private sector in training classes or 

16 courses offered by the Corps of Engineers in any case in 

17 which the Secretary determines that it is in the best inter18 est of the Federal Government to include those individuals 

19 as participants. 

20 (b) EXPENSES.—

21 (1) IN GENERAL.—An individual from the pri22 vate sector attending a training class or course de23 scribed in subsection (a) shall pay the full cost of 

24 the training provided to the individual. 
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1 (2) PAYMENTS.—Payments made for training 

2 by an individual under paragraph (1), up to the ac3 tual cost of the training—

4 (A) may be retained by the Secretary; 

5 (B) shall be credited to an appropriation 

6 or account used for paying training costs; and 

7 (C) shall be available for use by the Sec8 retary, without further appropriation, for train9 ing purposes. 

10 (3) EXCESS AMOUNTS.—Any payments received 

11 under paragraph (2) that are in excess of the actual 

12 cost of training provided shall be credited as mis13 cellaneous receipts to the Treasury of the United 

14 States. 

15 SEC. 1004. RECREATION USER FEES. 

16 Section 225 of the Water Resources Development Act 

17 of 1999 (16 U.S.C. 460l–6a; Public Law 106–53) is 

18 amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1), by striking ‘‘above a 

21 baseline of $34,000,000 per each fiscal year’’; 

22 and 

23 (B) in paragraph (3), by striking ‘‘Sep24 tember 30, 2005’’ and inserting ‘‘expended’’; 

25 (2) in subsection (b)—
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1 (A) in paragraph (7), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (8), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(9) planning.’’; 

7 (3) in subsection (c)—

8 (A) by striking ‘‘Each’’ and inserting 

9 ‘‘Eighty percent of each’’; and 

10 (B) by striking ‘‘project from which the 

11 amount, above baseline,’’ and inserting ‘‘Dis12 trict’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(d) RECREATION USER FEE PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Secretary shall carry 

16 out a recreation user fee program to attempt to re17 cover from users the costs of operating and main18 taining recreation areas or sites on project land. 

19 ‘‘(2) ADMISSION AND USER FEES.—

20 ‘‘(A) IN GENERAL.—In carrying out the 

21 program, the Secretary shall charge and collect 

22 fees, in an amount determined under subpara23 graph (B), for—

24 ‘‘(i) admission to the recreation area 

25 or site by individuals or groups; or 
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•S 2554 IS 

1 ‘‘(ii) the use of outdoor recreation 

2 sites, facilities, visitor centers, equipment, 

3 and services by individuals and groups. 

4 ‘‘(B) AMOUNT.—The Secretary shall deter5 mine the amount of fees charged and collected 

6 under subparagraph (A), which, to maximize 

7 the recreation benefits of the projects, shall be 

8 based on the fair market value of the admission 

9 or use. 

10 ‘‘(C) CONTRACT.—The Secretary may—

11 ‘‘(i) enter into a contract (including a 

12 contract that provides for reasonable com13 missions) with any public or private entity 

14 to provide visitor services for the recreation 

15 area or site, including taking reservations 

16 and providing information on the recre17 ation area or site; and 

18 ‘‘(ii) accept the services of volunteers 

19 to collect the fees charged under subpara20 graph (A). 

21 ‘‘(3) LEASES.—

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 charge and collect rents for any lease entered 

24 into between the Secretary and a non-Federal 

25 entity relating to project land. 
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1 ‘‘(B) TERM.—A lease entered into under 

2 subparagraph (A)—

3 ‘‘(i) shall be for an initial period of 

4 not more than 25 years; and 

5 ‘‘(ii) may be renewed for additional 

6 25-year terms. 

7 ‘‘(C) TERMINATION.—A lease entered into 

8 under subparagraph (A) shall provide that the 

9 lease shall be terminated if the Secretary deter10 mines that the project land subject to the lease 

11 has not been used by the non-Federal entity for 

12 recreation or any other purposes specified in 

13 the lease. 

14 ‘‘(D) PAYMENTS IN LIEU OF TAXES.—

15 Land leased to non-Federal entities for rec16 reational purposes shall be subject to chapter 

17 69 of title 31, United States Code. 

18 ‘‘(4) OTHER FEES.—Fees charged and collected 

19 under this section shall be in lieu of fees charged 

20 under any other provision of law.’’. 

21 SEC. 1005. CORPS OF ENGINEERS RIVER STEWARDSHIP 

22 COMMISSION. 

23 (a) DEFINITIONS.—In this section: 
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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Corps of Engineers River Stewardship 

3 Commission established under subsection (b)(1). 

4 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b). 

8 (3) SESSION DAY.—The term ‘‘session day’’ 

9 means a day on which both Houses of Congress are 

10 in session. 

11 (b) ESTABLISHMENT OF COMMISSION.—

12 (1) IN GENERAL.—There is established a com13 mission to be known as the ‘‘Corps of Engineers 

14 River Stewardship Commission’’. 

15 (2) MEMBERSHIP.—

16 (A) IN GENERAL.—The Commission shall 

17 be composed of 23 members, consisting of—

18 (i) 20 members, 5 members appointed 

19 by each of the Majority Leader and Minor20 ity Leader of the Senate and the Speaker 

21 and Minority Leader of the House of Rep22 resentatives, that—

23 (I) represent the various interests 

24 of the public; and 
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1 (II) include individuals rep2 resenting—

3 (aa) environmental groups; 

4 (bb) the hydroelectric power 

5 industry; 

6 (cc) recreation user groups; 

7 (dd) flood control interests; 

8 (ee) navigation interests; 

9 (ff) State governments, in10 cluding wildlife and natural re11 source agencies; 

12 (gg) Indian tribal govern13 ments; and 

14 (hh) other affected interests; 

15 (ii) the Administrator of the Environ16 mental Protection Agency; 

17 (iii) the Assistant Secretary of the 

18 Army for Civil Works; and 

19 (iv) the Director of the United States 

20 Fish and Wildlife Service. 

21 (B) DATE OF APPOINTMENTS.—The ap22 pointment of a member of the Commission shall 

23 be made not later than 90 days after the date 

24 of enactment of this Act. 

25 (3) TERM; VACANCIES.—
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1 (A) TERM.—A member shall be appointed 

2 for the life of the Commission. 

3 (B) VACANCIES.—A vacancy on the Com4 mission—

5 (i) shall not affect the powers of the 

6 Commission; and 

7 (ii) shall be filled in the same manner 

8 as the original appointment was made. 

9 (4) INITIAL MEETING.—Not later than 30 days 

10 after the date on which all members of the Commis11 sion have been appointed, the Commission shall hold 

12 the initial meeting of the Commission. 

13 (5) MEETINGS.—The Commission shall meet at 

14 the call of the Chairperson. 

15 (6) QUORUM.—A majority of the members of 

16 the Commission shall constitute a quorum, but a 

17 lesser number of members may hold hearings. 

18 (7) CHAIRPERSON AND VICE CHAIRPERSON.—

19 (A) IN GENERAL.—The Commission shall 

20 select a Chairperson and Vice Chairperson from 

21 among the members of the Commission. 

22 (B) NO CORPS REPRESENTATIVE.—The 

23 Chairperson and the Vice Chairperson shall not 

24 be representatives of the Department of the 

25 Army (including the Corps of Engineers).
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1 (c) INVESTIGATION OF CORPS OF ENGINEERS.—Not 

2 later than 2 years after the date of enactment of this Act, 

3 the Commission shall complete an investigation and sub4 mit to Congress a report on the management of rivers in 

5 the United States by the Corps of Engineers, with empha6 sis on—

7 (A) compliance with environmental laws in 

8 the design and operation of river management 

9 projects, including—

10 (i) the Fish and Wildlife Coordination 

11 Act (16 U.S.C. 661 et seq.); 

12 (ii) the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.); 

14 (iii) the National Environmental Pol15 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

16 and 

17 (iv) the Federal Water Pollution Con18 trol Act (33 U.S.C. 1251 et seq.); 

19 (B) compliance with the cultural resource 

20 laws that protect Native American graves, tra21 ditional cultural properties, and Native Amer22 ican sacred sites in the design and operation of 

23 river management projects, including—

24 (i) the National Historic Preservation 

25 Act (16 U.S.C. 470 et seq.); 
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1 (ii) the Archaeological Resources Pro2 tection Act of 1979 (16 U.S.C. 470aa et 

3 seq.); 

4 (iii) the Native American Graves Pro5 tection and Repatriation Act (25 U.S.C. 

6 3001 et seq.); 

7 (iv) Executive Order No. 13007 (61 

8 Fed. Reg. 26771; relating to Indian sacred 

9 sites); 

10 (v) identification of opportunities for 

11 developing tribal cooperative management 

12 agreements for erosion control, habitat res13 toration, cultural resource protection, and 

14 enforcement; 

15 (vi) review of policy and guidance con16 cerning nondisclosure of sensitive informa17 tion on the character, nature, and location 

18 of traditional cultural properties and sa19 cred sites; and 

20 (vii) review of the effectiveness of gov21 ernment-to-government consultation by the 

22 Corps of Engineers with Indian tribes and 

23 members of Indian tribes in cases in which 

24 the river management functions and activi25 ties of the Corps of Engineers affect In-
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1 dian land and Native American natural 

2 and cultural resources; 

3 (C) the quality and objectivity of scientific, 

4 environmental, and economic analyses by the 

5 Corps of Engineers, including—

6 (i) the use of independent reviewers of 

7 analyses performed by the Corps of Engi8 neers; and 

9 (ii) the implementation of rec10 ommendations made by those reviewers; 

11 (D) the extent of coordination and co12 operation by the Corps of Engineers with Fed13 eral and State agencies (such as the United 

14 States Fish and Wildlife Service) and Indian 

15 tribes in carrying out river management respon16 sibilities, including the implementation of any 

17 recommendations of those agencies and Indian 

18 tribes; 

19 (E) the extent to which river management 

20 studies conducted by the Corps of Engineers 

21 fairly and effectively balance the goals of public 

22 and private interests, such as wildlife, recre23 ation, navigation, and hydropower interests; 

24 (F) whether river planning laws (including 

25 regulations) should be amended; and 
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1 (G) whether the river management func2 tions of the Corps of Engineers should be trans3 ferred from the Department of the Army to a 

4 Federal civilian agency. 

5 (d) POWERS.—

6 (1) HEARINGS.—The Commission may hold 

7 such hearings, sit and act at such times and places, 

8 take such testimony, and receive such evidence as 

9 the Commission considers advisable to carry out this 

10 section. 

11 (2) INFORMATION FROM FEDERAL AGENCIES.—

12 (A) IN GENERAL.—The Commission may 

13 secure directly from a Federal department or 

14 agency such information as the Commission 

15 considers necessary to carry out this section. 

16 (B) PROVISION OF INFORMATION.—On re17 quest of the Chairperson of the Commission, 

18 the head of the department or agency shall pro19 vide the information to the Commission. 

20 (3) POSTAL SERVICES.—The Commission may 

21 use the United States mails in the same manner and 

22 under the same conditions as other departments and 

23 agencies of the Federal Government. 
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1 (4) GIFTS.—The Commission may accept, use, 

2 and dispose of gifts or donations of services or per3 sonal property. 

4 (e) COMMISSION PERSONNEL MATTERS.—

5 (1) COMPENSATION OF MEMBERS.—

6 (A) NON-FEDERAL EMPLOYEES.—A mem7 ber of the Commission who is not an officer or 

8 employee of the Federal Government shall be 

9 compensated at a rate equal to the daily equiva10 lent of the annual rate of basic pay prescribed 

11 for level IV of the Executive Schedule under 

12 section 5315 of title 5, United States Code, for 

13 each day (including travel time) during which 

14 the member is engaged in the performance of 

15 the duties of the Commission. 

16 (B) FEDERAL EMPLOYEES.—A member of 

17 the Commission who is an officer or employee 

18 of the Federal Government shall serve without 

19 compensation in addition to the compensation 

20 received for the services of the member as an 

21 officer or employee of the Federal Government. 

22 (2) TRAVEL EXPENSES.—A member of the 

23 Commission shall be allowed travel expenses, includ24 ing per diem in lieu of subsistence, at rates author25 ized for an employee of an agency under subchapter 
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1 I of chapter 57 of title 5, United States Code, while 

2 away from the home or regular place of business of 

3 the member in the performance of the duties of the 

4 Commission. 

5 (3) STAFF.—

6 (A) IN GENERAL.—The Chairperson of the 

7 Commission may, without regard to the civil 

8 service laws (including regulations), appoint 

9 and terminate an executive director and such 

10 other additional personnel as are necessary to 

11 enable the Commission to perform the duties of 

12 the Commission. 

13 (B) CONFIRMATION OF EXECUTIVE DIREC14 TOR.—The employment of an executive director 

15 shall be subject to confirmation by the Commis16 sion. 

17 (C) COMPENSATION.—

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), the Chairperson of the Com20 mission may fix the compensation of the 

21 executive director and other personnel 

22 without regard to the provisions of chapter 

23 51 and subchapter III of chapter 53 of 

24 title 5, United States Code, relating to
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1 classification of positions and General 

2 Schedule pay rates. 

3 (ii) MAXIMUM RATE OF PAY.—The 

4 rate of pay for the executive director and 

5 other personnel may not exceed the rate 

6 payable for level V of the Executive Sched7 ule under section 5316 of title 5, United 

8 States Code. 

9 (4) DETAIL OF FEDERAL GOVERNMENT EM10 PLOYEES.—

11 (A) IN GENERAL.—An employee of the 

12 Federal Government may be detailed to the 

13 Commission without reimbursement. 

14 (B) CIVIL SERVICE STATUS.—The detail of 

15 the employee shall be without interruption or 

16 loss of civil service status or privilege. 

17 (5) PROCUREMENT OF TEMPORARY AND INTER18 MITTENT SERVICES.—The Chairperson of the Com19 mission may procure temporary and intermittent 

20 services in accordance with section 3109(b) of title 

21 5, United States Code, at rates for individuals that 

22 do not exceed the daily equivalent of the annual rate 

23 of basic pay prescribed for level V of the Executive 

24 Schedule under section 5316 of that title. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000 for each of fiscal years 2005 through 2007, 

4 to remain available until expended. 

5 (g) TERMINATION OF COMMISSION.—The Commis6 sion shall terminate on the date on which the Commission 

7 submits the report to Congress under subsection (c). 

8 SEC. 1006. IMPROVEMENT OF WATER MANAGEMENT AT 

9 CORPS OF ENGINEERS RESERVOIRS. 

10 (a) IN GENERAL.—As part of the operation and 

11 maintenance of reservoirs in existence as of the date of 

12 enactment of this Act by the Corps of Engineers, the Sec13 retary shall carry out measures to more effectively and 

14 efficiently meet the water resource needs of areas im15 pacted by the reservoirs. 

16 (b) COOPERATION.—The Secretary shall carry out 

17 the measures in cooperation and coordination with States, 

18 tribal governments, and local governments. 

19 (c) MEASURES.—In carrying out this section, the 

20 Secretary may—

21 (1) conduct studies to identify unused or addi22 tional water storage capacity at reservoirs; 

23 (2) review operational plans and implement 

24 changes to improve water storage capacity and deliv25 ery to users; 
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1 (3) improve data collection systems and forecast 

2 models that enhance storage and delivery; and 

3 (4) conduct sediment studies and implement 

4 sediment management or removal measures. 

5 (d) REVENUES.—

6 (1) IN GENERAL.—All revenues collected in con7 nection with reservoirs operated by the Corps of En8 gineers for navigation, flood control, or multiple pur9 pose projects, except revenues collected for the pur10 poses of recreation, shall be credited to the revolving 

11 fund established under section 101 of the Civil 

12 Functions Appropriations Act, 1954 (33 U.S.C. 

13 701b–10). 

14 (2) AVAILABILITY.—

15 (A) DISTRICT FROM WHICH REVENUE IS

16 RECEIVED.—

17 (i) IN GENERAL.—Subject to clause 

18 (ii), 80 percent of the revenue received 

19 from each District of the Corps of Engi20 neers shall be available for defraying the 

21 costs of planning, operation, maintenance, 

22 replacements, and upgrades of, and emer23 gency expenditures for, all facilities of the 

24 Corps of Engineers projects within that 

25 District. 
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1 (ii) SOURCE OF PAYMENTS.—With re2 spect to each project described in clause 

3 (i), costs of planning, operation, mainte4 nance, replacements, and upgrades of fa5 cilities of the Corps of Engineers for the 

6 project shall be paid from available reve7 nues received from the project. 

8 (B) AGENCY-WIDE.—20 percent of the rev9 enue received from each District of the Corps of 

10 Engineers shall be available agency-wide for de11 fraying the costs of planning, operation, main12 tenance, replacements, and upgrades of, and 

13 emergency expenditures for, all Corps of Engi14 neers projects. 

15 (e) HYDROELECTRIC MAINTENANCE FEES.—Power 

16 marketing administrators receiving electricity from 

17 projects operated by the Corps of Engineers shall pay 0.22 

18 cents per kilowatt-hour as reimbursement for the oper19 ation and maintenance expense associated with the project 

20 for fiscal years 2005 through 2010. 

21 (f) STUDY.—On September 1, 2009, the Secretary 

22 shall submit to the Committee on Environment and Public 

23 Works of the Senate and the Committee on Transpor24 tation and Infrastructure of the House of Representatives 

25 a report that—
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1 (1) details the estimated cost of operation and 

2 maintenance associated with hydroelectric facilities; 

3 and 

4 (2) recommends an appropriate reimbursement 

5 rate calculated on a per-kilowatt basis. 

6 SEC. 1007. FISCAL TRANSPARENCY REPORT. 

7 (a) IN GENERAL.—On the third Tuesday of January 

8 of each year beginning January 18, 2005, the Chief on 

9 Engineers shall submit to the Committee on Environment 

10 and Public Works of the United States Senate and the 

11 Transportation and Infrastructure Committee of the 

12 House of Representatives a report on the expenditures for 

13 the preceding fiscal year and estimated expenditures for 

14 the current fiscal year. 

15 (b) CONTENTS.—In addition to the information de16 scribed in subsection (a), the report shall contain a de17 tailed accounting of the following information: 

18 (1) With respect to general construction, infor19 mation on—

20 (A) projects currently under construction, 

21 including—

22 (i) allocations to date; 

23 (ii) the number of years remaining to 

24 complete construction;
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1 (iii) the estimated annual Federal cost 

2 to maintain that construction schedule; 

3 and 

4 (iv) a list of projects the Corps of En5 gineers anticipates completing during the 

6 current fiscal year; and 

7 (B) projects for which there is a signed 

8 cost-sharing agreement and completed planning, 

9 engineering, and design, including—

10 (i) the number of years the project is 

11 expected to require for completion; and 

12 (ii) estimated annual Federal cost to 

13 maintain that construction schedule. 

14 (2) With respect to operation and maintenance 

15 of the inland and intracoastal waterways under sec16 tion 206 of Public Law 95–502 (33 U.S.C. 1804)—

17 (A) the estimated annual cost to maintain 

18 each waterway for the authorized reach and at 

19 the authorized depth; and 

20 (B) the estimated annual cost of operation 

21 and maintenance of locks and dams to ensure 

22 navigation without interruption. 

23 (3) With respect to general investigations and 

24 reconnaissance and feasibility studies—

25 (A) the number of active studies; 
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1 (B) the number of completed studies not 

2 yet authorized for construction; 

3 (C) the number of initiated studies; and 

4 (D) the number of studies expected to be 

5 complete during the fiscal year. 

6 (4) Funding received and estimates of funds to 

7 be received for interagency and international support 

8 activities under section 318(a) of the Water Re9 sources Development Act of 1990 (33 U.S.C. 

10 2323(a)). 

11 (5) Recreation fees and lease payments. 

12 (6) Hydropower and water supply fees. 

13 (7) Deposits into the Inland Waterway Trust 

14 Fund and the Harbor Maintenance Trust Fund. 

15 (8) Other revenues and fees collected. 

16 (9) With respect to permit applications and no17 tifications, a list of individual permit applications 

18 and nationwide permit notifications, including—

19 (A) the date each permit application is 

20 filed; 

21 (B) the date each permit application is de22 termined to be complete; and 

23 (C) the date on which the Corps of Engi24 neers grants, withdraws, or denies each permit. 
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1 (10) With respect to the project backlog, a list 

2 of authorized projects for which no funds have been 

3 allocated for the 5 preceding fiscal years, including, 

4 for each project—

5 (A) the authorization date; 

6 (B) the last allocation date; 

7 (C) the percentage of construction com8 pleted; 

9 (D) the estimated cost remaining until 

10 completion of the project; and 

11 (E) a brief explanation for the reasons the 

12 delay. 

13 SEC. 1008. PLANNING. 

14 (a) MATTERS TO BE ADDRESSED IN PLANNING.—

15 Section 904 of the Water Resources Development Act of 

16 1986 (33 U.S.C. 2281) is amended by adding at the end 

17 the following: ‘‘The Secretary shall also assess whether the 

18 water resources project and each project increment is cost19 effective, and whether the water resources project complies 

20 with local, State, and national laws, regulations, and pub21 lic policies.’’. 

22 (b) FEASIBILITY REPORTS.—Section 905 of the 

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

24 2282) is amended—
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1 (1) in subsection (a), by inserting before ‘‘This 

2 subsection shall not apply’’ the following: ‘‘The Sec3 retary shall, in collaboration with the Water Re4 sources Planning Council, revise the planning guide5 lines, regulation, and circulars of the Corps of Engi6 neers not later than 18 months after the date of en7 actment and once every 5 years thereafter to im8 prove the analysis of water resources projects, in9 cluding the integration of new and existing analyt10 ical techniques that properly reflect the probability 

11 of project benefits and costs.’’; and 

12 (2) by striking subsection (c) and inserting the 

13 following: 

14 ‘‘(c) COST-BENEFIT ANALYSIS.—A feasibility study 

15 shall include an analysis of the benefits and costs, both 

16 quantified and unquantified. This analysis shall—

17 ‘‘(1) identify areas of risk and uncertainty in 

18 the analysis; and 

19 ‘‘(2) clearly describe the degree of reliability of 

20 the estimated benefits and costs of the effectiveness 

21 of alternative plans, including an assessment of the 

22 credibility of the project construction schedule as it 

23 affects the estimated benefits and costs; 

24 ‘‘(3) identify local, regional, and national eco25 nomic costs and benefits; 
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1 ‘‘(4) identify environmental costs and benefits, 

2 including the costs and benefits of protecting or de3 grading natural systems; 

4 ‘‘(5) identify social costs and benefits, including 

5 a risk analysis regarding potential loss of life that 

6 may result from flooding and storm damage; 

7 ‘‘(6) identify cultural and historical costs and 

8 benefits; 

9 ‘‘(7) exclude from the estimate of benefits and 

10 costs any increase in direct Federal payments or 

11 subsidies; and 

12 ‘‘(8) exclude as a benefit—

13 ‘‘(A) any increase in direct Federal pay14 ments or subsidies; and 

15 ‘‘(B) any project benefit attributable to 

16 any change in, or intensification of, land use 

17 arising from the draining, reduction, or elimi18 nation of wetlands; and 

19 ‘‘(9) apply a discount rate consistent with that 

20 used by other Federal agencies for water resources 

21 projects.’’. 

22 SEC. 1009. WATER RESOURCES PLANNING COUNCIL. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

24 within civil works function a Water Resource Planning 

25 Council to integrate planning policies that guide the use
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1 of economics, environmental, engineering, scientific, and 

2 technical information to support the recommendations of 

3 the Chief of Engineers for implementation of water re4 sources projects including peer review of such information. 

5 The Council will advise the Chief of Engineers in address6 ing the concerns that may be over the integration of policy 

7 and science in decisionmaking. The Water Resource Plan8 ning Council will be comprised of representatives of the 

9 following: 

10 (1) Non-Federal sponsors from various water 

11 resource project purposes. 

12 (2) States resource agencies. 

13 (3) Department of Interior. 

14 (4) Department of Agriculture. 

15 (5) Council on Environmental Quality. 

16 (b) DUTIES.—The Council shall have the following 

17 duties: 

18 (1) Providing technical and managerial assist19 ance to district engineers for project planning, devel20 opment, and implementation. 

21 (2) Providing external peer reviews of new 

22 major scientific, engineering, or economic methods, 

23 models or analyses that will be used to support deci24 sions of the Secretary with respect to feasibility 

25 studies. 
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1 (3) Performing such other duties as prescribed 

2 by the Secretary. 

3 (c) WATER RESOURCES PLANNING PROCESS IM4 PROVEMENTS.—The Council shall—

5 (1) identify, review, and certify all critical 

6 methods, models and procedures utilized in the 

7 Corps of Engineers planning process to formulate 

8 and evaluate water resources projects; 

9 (2) identify other existing or new methods, 

10 models, or procedures that may enhance the water 

11 resources planning process; 

12 (3) establish a systematic process and define 

13 criteria for evaluating and validating the effective14 ness and efficiency of all methods, models, and pro15 cedures; 

16 (4) develop and maintain a set of approved 

17 methods, models, and procedures to be applied to 

18 the water resources planning process across the 

19 Corps of Engineers; 

20 (5) develop and maintain effective systems for 

21 technology transfer and support to provide state of 

22 the art skills and knowledge to the workforce; 

23 (6) identify the discrete elements of studies and 

24 establish benchmarks for the resources required to 

25 implement elements to improve the timeliness and 
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1 effectiveness of the water resources planning proc2 ess; 

3 (7) develop and maintain procedures for risk 

4 analysis for estimating projects costs to ensure accu5 rate cost forecasting and minimize cost overruns; 

6 and 

7 (8) assist the Corps of Engineers in accom8 plishing such improvements. 

9 (d) REPORTS TO CONGRESS.—

10 (1) INITIAL REPORT.—The Council shall pro11 vide a report to Congress 2 years after the date of 

12 enactment of this Act that includes—

13 (A) the set of approved methods, models, 

14 and procedures to be applied to the water re15 sources planning process across the Corps of 

16 Engineers; and 

17 (B) the benchmarks developed to measure 

18 the timeliness and effectiveness of the water re19 sources planning process. 

20 (2) ADDITIONAL REPORTS.—The Council shall 

21 provide a report to congress every 5 years thereafter 

22 that describes—

23 (A) the effectiveness of the water resources 

24 planning process in comparison to the estab25 lished benchmarks; 
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1 (B) any peer reviewed changes to the 

2 methods, models, and procedures used; and 

3 (C) a discussion of any planned changes to 

4 the established benchmarks, including reasons 

5 the changes are necessary. 

6 (e) FEDERAL ADVISORY COMMITTEE ACT.—The 

7 Council is not subject to the Federal Advisory Committee 

8 Act (5 U.S.C. App.). 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this section at full Federal expense. 

12 SEC. 1010. INDEPENDENT REVIEWS. 

13 (a) PEER REVIEW.—Prior to the submission of a 

14 project study or report required to be submitted to Con15 gress for authorization, the Inspector General of the 

16 Army, shall convene an independent peer review panel, 

17 which shall be sufficiently broad and diverse to fairly rep18 resent the relevant scientific perspectives and fields of 

19 knowledge. 

20 (b) MEMBERSHIP.—

21 (1) IN GENERAL.—A panel shall be composed 

22 of not less than 3 nor more than 7 independent peer 

23 reviewers. 

24 (2) PEER REVIEW.—Peer reviewers shall not be 

25 employed by the Corps of Engineers nor have par-
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1 ticipated in development of the work product under 

2 review. Peer reviewers shall be selected on the basis 

3 of necessary technical or scientific expertise, includ4 ing education and relevant experience, peer recogni5 tion, and contributions to the profession. In addi6 tion, the reviewer must have significant experience 

7 in the geographic area or in the type of ecologic con8 ditions in the area that is being reviewed. The In9 spector General of the Army shall not appoint an in10 dividual to serve on a panel of experts for a project 

11 if the individual has a financial interest in or close 

12 professional association with any entity with a finan13 cial interest in the project. The Inspector General of 

14 the Army shall consult with the Institute for Water 

15 Resources, National Academy of Sciences, American 

16 Society of Civil Engineers, and other appropriate 

17 academic, scientific, and engineering organizations 

18 in developing candidates to serve on panels of ex19 perts under this section. 

20 (c) DUTIES.—A panel of experts established for a 

21 water resources project under this section shall—

22 (1) review each project study prepared for the 

23 project;
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1 (2) assess the adequacy of the economic, sci2 entific, and environmental models used by the Sec3 retary in reviewing the project to ensure that—

4 (A) appropriate and applicable economic 

5 and scientific methods of analysis have been 

6 used; and 

7 (B) the best available economic, scientific, 

8 and environmental data have been used; and 

9 (3) address specific technical questions as di10 rected by the Inspector General of the Army; and 

11 (4) not later than the deadline established 

12 under subsection (h), submit to the Secretary a re13 port concerning the economic, engineering, and envi14 ronmental analyses of the project, including the con15 clusions of the panel, on areas of public controversy, 

16 with respect to the project study or report required 

17 to be submitted to Congress for authorization. 

18 (d) SUPPORT FROM THE CORPS OF ENGINEERS.—

19 The Corps shall provide the review panel with sufficient 

20 information (including background information about key 

21 studies or models, public written and oral comments con22 cerning the project) to enable the panel to understand the 

23 data, analytic procedures, and assumptions used to sup24 port the key findings or conclusions of the draft assess25 ment. The Corps of Engineers shall provide the review 
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1 panel with any other information requested by the inde2 pendent peer review panel. 

3 (e) PUBLIC PARTICIPATION.—The Corps of Engi4 neers shall provide public written and oral comments re5 ceived concerning the project to the independent peer re6 view panel. 

7 (f) REPORT.—The review panel shall prepare a report 

8 that describes the nature of their review and their findings 

9 and conclusions, with particular emphasis on areas of pub10 lic controversy with respect to the study or report requir11 ing Congressional authorization to proceed. The peer re12 view report shall also disclose the names, organizational 

13 affiliations, and a short paragraph on the credentials and 

14 relevant experiences of each peer reviewer. 

15 (g) CORPS OF ENGINEERS RESPONSE TO REPORT.—

16 (1) IN GENERAL.—If the Corps of Engineers 

17 receives a report from a panel of experts under this 

18 section by the applicable deadlines at least 14 days 

19 before submitting to Congress a project study or re20 port required to be submitted to Congress for au21 thorization, the Secretary shall take into consider22 ation any recommendations contained in the report. 

23 (2) RESPONSE.—The Corps of Engineers shall 

24 prepare a written response to the peer review report 

25 explaining—
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1 (A) the Corps of Engineers’ agreement or 

2 disagreement; 

3 (B) any changes made to the feasibility 

4 study in response to the report; and 

5 (C) if applicable, the reasons the Corps of 

6 Engineers believes those actions satisfy any key 

7 concerns or recommendations in the report. 

8 (3) DISSEMINATION.—The Corps of Engineers 

9 shall disseminate the final peer review report and its 

10 written statement of response on the Corps of Engi11 neers website, and all the materials relating to the 

12 peer review (review criteria, peer review report, and 

13 agency response) shall be included with the submis14 sion of the Chief of Engineers to Congress of the 

15 study or report requiring congressional authoriza16 tion. 

17 (h) DEADLINE FOR REPORTS.—

18 (1) IN GENERAL.—A panel shall complete its 

19 peer review for a project study and submit the initial 

20 report to the Chief of Engineers within 180 days 

21 after the panel received the draft project study or 

22 report. The Inspector General of the Army may 

23 grant a 30-day extension for the panel. 

24 (2) REVIEW NOT COMPLETED.—If any inde25 pendent peer review panel does not complete its re-
44

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1 view of a project study and submit a report to the 

2 Inspector General of the Army on or before the 

3 deadline established by paragraph (1) for the inde4 pendent peer review report, the Chief of Engineers 

5 may submit the project study or report required to 

6 be submitted to Congress for authorization that is 

7 the subject of review by the panel to Congress as 

8 scheduled. 

9 (i) APPLICABILITY OF FEDERAL ADVISORY COM10 MITTEE ACT.—The Federal Advisory Committee Act (5 

11 U.S.C. App.) shall not apply to any peer review panel es12 tablished by the Chief of Engineers under this section. 

13 (j) SAVINGS CLAUSE.—Nothing in this section shall 

14 be construed to affect any authority of the Chief of Engi15 neers to cause or conduct a peer review of the engineering, 

16 science, or technical basis for any water resources project 

17 existing on the date of enactment of this section.

18 SEC. 1011. FISH AND WILDLIFE. 

19 (a) FULL MITIGATION.—Section 906(d) of the Water 

20 Resources Development Act of 1986 (33 U.S.C. 2283(d)) 

21 is amended by adding at the end the following: 

22 ‘‘(3) STANDARDS FOR MITIGATION.— 

23 ‘‘(A) IN GENERAL.—To mitigate losses to 

24 fish and wildlife resulting from a water re25 sources project, the Secretary shall, at a min-
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1 imum, acquire and restore the same number of 

2 equivalent habitat units or similar measure to 

3 replace each habitat unit or similar measure of 

4 habitat for fish and wildlife adversely affected 

5 by the project. 

6 ‘‘(B) MITIGATION PLAN.— 

7 ‘‘(i) IN GENERAL.—The specific miti8 gation plan for a water resources project 

9 under paragraph (1) shall include, at a 

10 minimum— 

11 ‘‘(I) the recommended plan to 

12 mitigate the impacts of the project as 

13 identified in paragraph (1), including 

14 sufficient detail to permit a thorough 

15 evaluation of the plan’s likelihood of 

16 meeting the success criteria estab17 lished in subclause (II); 

18 ‘‘(II) specific time-dependent suc19 cess criteria, prepared in consultation 

20 with the United States Fish and Wild21 life Service, by which the mitigation 

22 will be evaluated and determined to be 

23 successful, including the habitat unit 

24 replacement described in subpara25 graph (A);
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1 ‘‘(III) a description, in the Real 

2 Estate Plan, of the land and interests 

3 in land to be used for mitigation and 

4 of the basis for a determination that 

5 land and interests will be available at 

6 the time required; 

7 ‘‘(IV) a schedule for— 

8 ‘‘(aa) monitoring attempted 

9 mitigation implementation; and 

10 ‘‘(bb) evaluating the degree 

11 to which the attempted mitiga12 tion does or does not meet the 

13 success criteria established for 

14 the mitigation plan under sub15 clause (II) until attempted miti16 gation meets the success criteria; 

17 and 

18 ‘‘(V) taking corrective actions 

19 where mitigation efforts are not 

20 achieving the success criteria. 

21 ‘‘(ii) COST SHARING.—Monitoring 

22 under clause (i)(IV)— 

23 ‘‘(I) shall be cost-shared in ac24 cordance with the original construc-
47

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1 tion project for a maximum of 10 

2 years; and 

3 ‘‘(II) after 10 years, shall be 100 

4 percent non-Federal. 

5 ‘‘(C) APPLICABLE LAW.—A time period for 

6 mitigation monitoring or for the implementation 

7 and monitoring of contingency plan actions 

8 shall not be subject to the deadlines described 

9 in subsection (b). 

10 ‘‘(4) DETERMINATION OF MITIGATION SUC11 CESS.— 

12 ‘‘(A) IN GENERAL.—Mitigation shall be 

13 considered to be successful at the time at which 

14 monitoring demonstrates that the mitigation 

15 has met the success criteria established in the 

16 mitigation plan under paragraph (3)(B). 

17 ‘‘(B) REQUIREMENTS FOR SUCCESS.—To 

18 ensure the success of any attempted mitigation, 

19 the Secretary shall— 

20 ‘‘(i) consult annually with the United 

21 States Fish and Wildlife Service on each 

22 water resource project requiring mitigation 

23 to determine whether mitigation moni24 toring for that project demonstrates that 

25 the project is achieving, or has achieved, 
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1 the success criteria established in the miti2 gation plan under paragraph (3); and 

3 ‘‘(ii) ensure that implementation of 

4 correction actions be initiated under para5 graph (3)(B)(i)(V) beginning not later 

6 than 30 days after a finding by the Sec7 retary, either alone or in consultation with 

8 the United States Fish and Wildlife Serv9 ice, that the original mitigation efforts 

10 likely will not result in, or have not re11 sulted in, meeting the success criteria es12 tablished in the mitigation plan under 

13 paragraph (3)(B).’’. 

14 (b) CONCURRENT MITIGATION.—Section 906(a) of 

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

16 2283(a)) is amended— 

17 (1) by striking ‘‘(a)(1) In the case’’ and insert18 ing the following: 

19 ‘‘(a) MITIGATION.— 

20 ‘‘(1) IN GENERAL.—In the case’’; 

21 (2) in paragraph (1) (as designated by para22 graph (1)), by striking ‘‘interests—’’ and all that 

23 follows through ‘‘appropriate,’’ and inserting the fol24 lowing: ‘‘interests, whichever the Secretary deter-
49

•S 2554 IS 

1 mines is appropriate, shall be undertaken or ac2 quired— 

3 ‘‘(A) before any construction of the project 

4 (other than such acquisition) commences; or 

5 ‘‘(B) concurrently with the acquisition of 

6 land and interests in land for project purposes 

7 (other than mitigation of fish and wildlife 

8 losses);’’; 

9 (3) in paragraph (2), by striking ‘‘(2) For the 

10 purposes’’ and inserting the following: 

11 ‘‘(2) COMMENCEMENT OF CONSTRUCTION.—

12 For the purpose’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(3) IMPLEMENTATION.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), to ensure concurrent mitiga17 tion, the Secretary shall— 

18 ‘‘(i) construct 100 percent of required 

19 on-site mitigation before 50 percent of con20 struction of a project is completed; and 

21 ‘‘(ii) complete required on-site mitiga22 tion as expeditiously as practicable, but not 

23 later than the last day of construction of 

24 the project or separable element of the 

25 project. 
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•S 2554 IS 

1 ‘‘(B) EXCEPTION FOR PHYSICAL IMPRAC2 TICABILITY.—In a case in which the Secretary 

3 determines that it is physically impracticable to 

4 meet the requirements of subparagraph (A), the 

5 Secretary shall reserve or reprogram sufficient 

6 funds to ensure that mitigation implementation 

7 is completed as expeditiously as practicable, but 

8 in no case later than the end of the next fiscal 

9 year immediately following the last day of con10 struction of the project or separable element of 

11 the project. 

12 ‘‘(4) USE OF FUNDS.—Funds made available 

13 for preconstruction engineering and design, con14 struction, or operations and maintenance shall be 

15 available for use in carrying out this section.’’. 

16 (c) MITIGATION TRACKING SYSTEM.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary shall establish a recordkeeping system to 

20 track, for each water resource project constructed, 

21 operated, or maintained by the Secretary and for 

22 each permit issued under section 404 of the Federal 

23 Water Pollution Control Act (33 U.S.C. 1344)—
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•S 2554 IS 

1 (A) the quantity and type of wetland and 

2 other habitat types affected by the project, 

3 project operation, or permitted activity; 

4 (B) the quantity and type of mitigation re5 quired for the project, project operation or per6 mitted activity; 

7 (C) the quantity and type of mitigation 

8 that has been completed for the project, project 

9 operation or permitted activity; and 

10 (D) the status of monitoring for the miti11 gation carried out for the project, project oper12 ation or permitted activity. 

13 (2) REQUIRED INFORMATION AND ORGANIZA14 TION.—The recordkeeping system shall— 

15 (A) include information on impacts and 

16 mitigation described in paragraphs (3) and (4) 

17 of section 906(d) of the Water Resources Devel18 opment Act of 1986 (33 U.S.C. 2283(d)) (as 

19 added by subsection (a)) that occur after De20 cember 31, 1986; and 

21 (B) be organized by watershed, project, 

22 permit application, and zip code. 

23 (3) AVAILABILITY OF INFORMATION.—The Sec24 retary shall make information contained in the rec-
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•S 2554 IS 

1 ordkeeping system available to the public on the 

2 Internet. 

3 TITLE II—NAVIGATION 

4 Subtitle A—Inland Waterways 

5 CHAPTER 1—STUDY AUTHORIZATIONS 

6 SEC. 2101. MIDDLE BASS ISLAND STATE PARK, MIDDLE 

7 BASS ISLAND, OHIO. 

8 The Secretary shall—

9 (1) study the feasibility of undertaking a 

10 project to provide navigation improvements and 

11 shoreline protection and other related assistance, 

12 and to rehabilitate the harbor basin, including—

13 (A) entrance breakwaters; 

14 (B) interior shoreline protection; 

15 (C) dredging; and 

16 (D) the development of a public launch 

17 ramp facility for Middle Bass Island, Middle 

18 Bass, Ohio; and 

19 (2) if the Secretary determines the project to be 

20 feasible, carry out the project at a total cost of 

21 $6,000,000. 
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1 CHAPTER 2—PROJECTS 

2 Subchapter A—Authorizations 

3 SEC. 2121. DEEP CREEK, CHESAPEAKE, VIRGINIA. 

4 The Secretary may carry out the project for the At5 lantic Intracoastal Waterway Bridge Replacement, Deep 

6 Creek, Chesapeake, Virginia, as described in the Report 

7 of the Chief of Engineers, dated March 3, 2003, at a total 

8 cost of $29,287,000. 

9 Subchapter B—Modifications 

10 SEC. 2131. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. 

11 (a) IN GENERAL.—The Secretary shall construct a 

12 new project management office located in the city of Tus13 caloosa, Alabama, at a location within the vicinity of the 

14 city, at full Federal expense. 

15 (b) TRANSFER OF LAND AND STRUCTURES.—The 

16 Secretary shall sell, convey, or otherwise transfer to the 

17 city of Tuscaloosa, Alabama, at fair market value, the land 

18 and structures associated with the existing project man19 agement office, if the city agrees to assume full responsi20 bility for demolition of the existing project management 

21 office. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out subsection (a) 

24 $32,000,000. 
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1 SEC. 2132. LARKSPUR FERRY CHANNEL, CALIFORNIA. 

2 (a) REPORT.—The project for navigation, Larkspur 

3 Ferry Channel, Larkspur, California, authorized by sec4 tion 601(d) of the Water Resources Development Act of 

5 1986 (100 Stat. 4148), is modified to direct the Secretary 

6 to prepare a limited reevaluation report to determine 

7 whether maintenance of the project is feasible. 

8 (b) AUTHORIZATION OF PROJECT.—If the Secretary 

9 determines that maintenance of the project is feasible, the 

10 Secretary shall carry out the maintenance. 

11 SEC. 2133. REDWOOD CITY NAVIGATION PROJECT, CALI12 FORNIA. 

13 The Secretary may dredge the Redwood City Naviga14 tion Channel, California, on an annual basis, to maintain 

15 the authorized depth of –30 mean lower low water. 

16 SEC. 2134. ST. GEORGE’S BRIDGE, DELAWARE. 

17 Section 102(g) of the Water Resources Development 

18 Act of 1990 (104 Stat. 4612) is amended by adding at 

19 the end the following: ‘‘The Secretary shall assume owner20 ship responsibility for the replacement bridge not later 

21 than the date on which the construction of the bridge is 

22 completed and the contractors are released of their respon23 sibility by the State. Further, the Secretary may not un24 dertake any action to close or remove the St. George’s 

25 Bridge, Delaware, without specific congressional author26 ization.’’
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1 SEC. 2135. CHICAGO RIVER, ILLINOIS. 

2 The Federal navigation channel for the North Branch 

3 Channel portion of the Chicago River authorized by sec4 tion 22 of the Act of March 3, 1899 (30 Stat. 1156, chap5 ter 425), extending from 100 feet downstream of the Hal6 sted Street Bridge to 100 feet upstream of the Division 

7 Street Bridge, Chicago, Illinois, is redefined to be no wider 

8 than 66 feet. 

9 SEC. 2136. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 

10 LOUISIANA. 

11 The project for mitigation of fish and wildlife losses, 

12 Red River Waterway, Louisiana, authorized by section 

13 601(a) of the Water Resources Development Act of 1986 

14 (100 Stat. 4142) and modified by section 4(h) of the 

15 Water Resources Development Act of 1988 (102 Stat. 

16 4016), section 102(p) of the Water Resources Develop17 ment Act of 1990 (104 Stat. 4613), section 301(b)(7) of 

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

19 3710), and section 316 of the Water Resources Develop20 ment Act of 2000 (114 Stat. 2604), is further modified—

21 (1) to permit the purchase of marginal farm22 land for reforestation (in addition to the purchase of 

23 bottomland hardwood); and 

24 (2) to incorporate wildlife and forestry manage25 ment practices to improve species diversity on miti26 gation land that meets habitat goals and objectives
56

•S 2554 IS 

1 of the Corps of Engineers and the State of Lou2 isiana. 

3 SEC. 2137. FALL RIVER HARBOR, MASSACHUSETTS AND 

4 RHODE ISLAND. 

5 (a) IN GENERAL.—Notwithstanding section 

6 1001(b)(2) of the Water Resources Development Act of 

7 1986 (33 U.S.C. 579a(b)(2)), the project for navigation, 

8 Fall River Harbor, Massachusetts and Rhode Island, au9 thorized by section 101 of the River and Harbor Act of 

10 1968 (82 Stat. 731), shall remain authorized to be carried 

11 out by the Secretary, except that the authorized depth of 

12 that portion of the project extending riverward of the 

13 Charles M. Braga, Jr. Memorial Bridge, Fall River and 

14 Somerset, Massachusetts, shall not exceed 35 feet. 

15 (b) FEASIBILITY.—The Secretary shall conduct a 

16 study to determine the feasibility of deepening that por17 tion of the navigation channel of the navigation project 

18 for Fall River Harbor, Massachusetts and Rhode Island, 

19 authorized by section 101 of the River and Harbor Act 

20 of 1968 (82 Stat. 731), seaward of the Charles M. Braga, 

21 Jr. Memorial Bridge Fall River and Somerset, Massachu22 setts. 

23 (c) LIMITATION.—The project described in subsection 

24 (a) shall not be authorized for construction after the last 

25 day of the 5-year period beginning on the date of enact-
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•S 2554 IS 

1 ment of this Act unless, during that period, funds have 

2 been obligated for construction (including planning and 

3 design) of the project. 

4 SEC. 2138. COOPER RIVER BRIDGE DEMOLITION, CHARLES5 TON, SOUTH CAROLINA. 

6 (a) IN GENERAL.—The Secretary, at full Federal ex7 pense, may carry out all planning, design, and construc8 tion for—

9 (1) the demolition and removal of the Grace 

10 and Pearman Bridges over the Cooper River, South 

11 Carolina; and 

12 (2) using the remnants from that demolition 

13 and removal, the development of an aquatic reef off 

14 the shore of South Carolina. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $39,000,000. 

18 SEC. 2139. PLANT REPLACEMENT AND IMPROVEMENT PRO19 GRAM, CORPS OF ENGINEERS CHARLESTON 

20 DISTRICT EQUIPMENT AND STORAGE YARD, 

21 SOUTH CAROLINA. 

22 (a) IN GENERAL.—The Secretary may convey or 

23 transfer, as part of the Plant Replacement and Improve24 ment Program, in a direct conveyance or a land exchange 

25 for any suitable property or facilities, the property of the 
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•S 2554 IS 

1 Corps of Engineers known as the ‘‘Equipment and Stor2 age Yard,’’ located on Meeting Street in Charleston, South 

3 Carolina, in as-is condition for fair market value. 

4 (b) PARTIAL DONATION.—As part of a land exchange 

5 under subsection (a), the Secretary may—

6 (1) accept a partial donation of land if the fair 

7 market value of the Division Engineer, South Atlan8 tic Division is equal to or exceeds the fair market 

9 value of the land to be transferred by the Secretary 

10 under subsection (a); and 

11 (2) execute the deeds of conveyance and accept 

12 property, including any partial donation of land or 

13 funds on behalf of the United States. 

14 (c) PROCEEDS.—Notwithstanding any requirements 

15 that may be contained in the Plant Replacement and Im16 provement Program, or balances in existence under that 

17 program as of the date of enactment of this Act, proceeds 

18 from a conveyance under this section, whether by disposal 

19 or land exchange, shall be used for costs for the lease, 

20 purchase, or construction of an office facility within the 

21 boundaries of the tri-county area of Charleston, Berkeley, 

22 and Dorchester Counties. 
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1 SEC. 2140. OLD HICKORY LOCK AND DAM, CUMBERLAND 

2 RIVER, TENNESSEE. 

3 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, 

4 RESERVATIONS.—With respect to land conveyed by the 

5 Secretary to the Tennessee Society of Crippled Children 

6 and Adults, Incorporated (commonly known as ‘‘Easter 

7 Seals Tennessee’’) at Old Hickory Lock and Dam, Cum8 berland River, Tennessee, under section 211 of the Flood 

9 Control Act of 1965 (79 Stat. 1087), the reversionary in10 terests and the use restrictions relating to recreation and 

11 camping purposes are extinguished. 

12 (b) INSTRUMENT OF RELEASE.—As soon as prac13 ticable after the date of enactment of this Act, the Sec14 retary shall execute and file in the appropriate office a 

15 deed of release, amended deed, or other appropriate in16 strument effectuating the release of interests required by 

17 paragraph (1). 

18 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

19 section affects any remaining right or interest of the Corps 

20 of Engineers with respect to an authorized purpose of any 

21 project. 

22 SEC. 2141. MCNARY LOCK AND DAM, MCNARY NATIONAL 

23 WILDLIFE REFUGE, WASHINGTON. 

24 (a) TRANSFER OF ADMINISTRATIVE JURISDIC25 TION.—Administrative jurisdiction over the land acquired 

26 for the McNary Lock and Dam Project and managed by 
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1 the United States Fish and Wildlife Service under Cooper2 ative Agreement Number DACW68–4–00–13 with the 

3 Corps of Engineers, Walla Walla District, is transferred 

4 from the Secretary to the Secretary of the Interior. 

5 (b) EASEMENTS.—The transfer of administrative ju6 risdiction under subsection (a) shall be subject to ease7 ments in existence as of the date of enactment of this Act 

8 on land subject to the transfer. 

9 (c) RIGHTS OF SECRETARY.—

10 (1) IN GENERAL.—Except as provided in para11 graph (3), the Secretary shall retain rights described 

12 in paragraph (2) with respect to the land for which 

13 administrative jurisdiction is transferred under sub14 section (a). 

15 (2) RIGHTS.—The rights of the Secretary re16 ferred to in paragraph (1) are the rights—

17 (A) to flood land described in subsection 

18 (a) to the standard project flood elevation; 

19 (B) to manipulate the level of the McNary 

20 Project Pool; 

21 (C) to access the land described in sub22 section (a) as may be required to install, main23 tain, and inspect sediment ranges and carry out 

24 similar activities;
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•S 2554 IS 

1 (D) to construct and develop wetland, ri2 parian habitat, or other environmental restora3 tion features authorized under section 1135 of 

4 the Water Resources Development Act of 1986 

5 (33 U.S.C. 2309a) and section 206 of the 

6 Water Resources Development Act of 1996 (33 

7 U.S.C. 2330); 

8 (E) to dredge and deposit fill materials; 

9 and 

10 (F) to carry out management actions for 

11 the purpose of reducing the take of juvenile 

12 salmonids by avian colonies that inhabit, before, 

13 on, or after the date of enactment of this Act, 

14 any island included in the land described in 

15 subsection (a). 

16 (3) COORDINATION.—Before exercising a right 

17 described in any of subparagraphs (C) through (F) 

18 of paragraph (2), the Secretary shall coordinate the 

19 exercise with the United States Fish and Wildlife 

20 Service. 

21 (d) MANAGEMENT.—

22 (1) IN GENERAL.—The land described in sub23 section (a) shall be managed by the Secretary of the 

24 Interior as part of the McNary National Wildlife 

25 Refuge. 
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•S 2554 IS 

1 (2) CUMMINS PROPERTY.—

2 (A) RETENTION OF CREDITS.—Habitat 

3 unit credits described in the memorandum enti4 tled ‘‘Design Memorandum No. 6, LOWER 

5 SNAKE RIVER FISH AND WILDLIFE 

6 COMPENSATION PLAN, Wildlife Compensa7 tion and Fishing Access Site Selection, Letter 

8 Supplement No. 15, SITE DEVELOPMENT 

9 PLAN FOR THE WALLULA HMU’’ provided 

10 for the Lower Snake River Fish and Wildlife 

11 Compensation Plan through development of the 

12 parcel of land formerly known as the ‘‘Cummins 

13 property’’ shall be retained by the Secretary de14 spite any changes in management of the parcel 

15 on or after the date of enactment of this Act. 

16 (B) SITE DEVELOPMENT PLAN.—The 

17 United States Fish and Wildlife Service shall 

18 obtain prior approval of the Washington State 

19 Department of Fish and Wildlife for any 

20 change to the previously approved site develop21 ment plan for the parcel of land formerly 

22 known as the ‘‘Cummins property’’. 

23 (3) MADAME DORIAN RECREATION AREA.—The 

24 United States Fish and Wildlife Service shall con-
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1 tinue operation of the Madame Dorian Recreation 

2 Area for public use and boater access. 

3 (e) ADMINISTRATIVE COSTS.—The United States 

4 Fish and Wildlife Service shall be responsible for all sur5 vey, environmental compliance, and other administrative 

6 costs required to implement the transfer of administrative 

7 jurisdiction under subsection (a). 

8 (f) SNAKE RIVER PROJECT, OREGON AND WASH9 INGTON.—The Fish and Wildlife Compensation Plan for 

10 the Lower Snake River, Washington and Idaho, as author11 ized by section 101 of the Water Resources Development 

12 Act of 1976 (90 Stat. 2921), is amended to authorize the 

13 Secretary to conduct studies and implement aquatic and 

14 riparian ecosystem restorations and improvements specifi15 cally for fisheries and wildlife for the land described in 

16 subsection (a). 

17 SEC. 2142. MARMET LOCK, KANAWHA RIVER, WEST VIR18 GINIA. 

19 Section 101(a)(31) of the Water Resources Develop20 ment Act of 1996 (110 Stat. 3666), is amended by strik21 ing ‘‘$229,581,000’’ and inserting ‘‘$358,000,000’’. 

22 SEC. 2143. NAVIGATION CAPACITY IMPROVEMENTS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) PLAN.—The term ‘‘Plan’’ means the pre25 ferred integrated plan contained in the document en-
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1 titled ‘‘Integrated Feasibility Report and Pro2 grammatic Environmental Impact Statement for the 

3 UMR–IWW System Navigation Feasibility System’’ 

4 and dated April 29, 2004. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Army. 

7 (3) UPPER MISSISSIPPI RIVER AND ILLINOIS

8 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

9 River and Illinois Waterway System’’ means the 

10 projects for navigation and ecosystem restoration au11 thorized by Congress for—

12 (A) the segment of the Mississippi River 

13 from the confluence with the Ohio River, River 

14 Mile 0.0, to Upper St. Anthony Falls Lock in 

15 Minneapolis-St. Paul, Minnesota, River Mile 

16 854.0; and 

17 (B) the Illinois Waterway from its con18 fluence with the Mississippi River at Grafton, 

19 Illinois, River Mile 0.0, to T.J. O’Brien Lock in 

20 Chicago, Illinois, River Mile 327.0. 

21 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA22 TION IMPROVEMENTS.—

23 (1) SMALL SCALE AND NONSTRUCTURAL MEAS24 URES.—At a cost of $24,000,000 in funds from the 

25 general fund of the Treasury, to be matched in an 
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1 equal amount from the Inland Waterways Trust 

2 Fund (which is paid by private users), the Secretary 

3 shall—

4 (A) construct mooring facilities at Locks 

5 12, 14, 18, 20, 22, 24, and LaGrange Lock; 

6 (B) provide switchboats at Locks 20 

7 through 25 over 5 years for project operation; 

8 and 

9 (C) conduct development and testing of an 

10 appointment scheduling system. 

11 (2) NEW LOCKS.—At a cost of $730,000,000 in 

12 funds from the general fund of the Treasury, with 

13 an equal matching amount provided from the Inland 

14 Waterways Trust Fund (which is paid by the private 

15 users), the Secretary shall construct new 1,200-foot 

16 locks at Locks 20, 21, 22, 24, and 25 on the Upper 

17 Mississippi River and at LaGrange Lock and Peoria 

18 Lock on the Illinois Waterway. 

19 (3) MITIGATION.—At a cost of $100,000,000 in 

20 funds from the general fund of the Treasury, with 

21 an equal matching amount provided from the Inland 

22 Waterway Trust Fund (which is paid by private 

23 users), the Secretary shall conduct mitigation for 

24 new locks and small scale and nonstructural meas25 ures authorized under paragraphs (1) and (2).
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1 (c) ECOSYSTEM RESTORATION AUTHORIZATION.—

2 (1) OPERATION.—To ensure the environmental 

3 sustainability of the existing Upper Mississippi River 

4 and Illinois Waterway System, the Secretary shall, 

5 consistent with requirements to avoid any adverse 

6 effects on navigation, modify the operation of the 

7 Upper Mississippi River and Illinois Waterway Sys8 tem to address the cumulative environmental im9 pacts of operation of the system and improve the ec10 ological integrity of the Upper Mississippi River and 

11 Illinois River. 

12 (2) ECOSYSTEM RESTORATION PROJECTS.—

13 (A) IN GENERAL.—The Secretary shall, 

14 consistent with requirements to avoid any ad15 verse effects on navigation, carry out ecosystem 

16 restoration projects to attain and maintain the 

17 sustainability of the ecosystem of the Upper 

18 Mississippi River and Illinois River in accord19 ance with the general framework outlined in the 

20 Plan. 

21 (B) PROJECTS INCLUDED.—Ecosystem 

22 restoration projects may include—

23 (i) island building; 

24 (ii) construction of fish passages; 

25 (iii) floodplain restoration; 
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•S 2554 IS 

1 (iv) water level management (includ2 ing water drawdown); 

3 (v) backwater restoration; 

4 (vi) side channel restoration; 

5 (vii) wing dam and dike restoration 

6 and modification; 

7 (viii) island and shoreline protection; 

8 (ix) topographical diversity; 

9 (x) dam point control; 

10 (xi) use of dredged material for envi11 ronmental purposes; 

12 (xii) tributary confluence restoration; 

13 (xiii) spillway, dam, and levee modi14 fication to benefit the environment; 

15 (xiv) land easement authority; and 

16 (xv) land acquisition. 

17 (C) COST SHARING.—

18 (i) IN GENERAL.—Except as provided 

19 in subclause (II), the Federal share of the 

20 cost of carrying out an ecosystem restora21 tion project under this paragraph shall be 

22 65 percent. 

23 (ii) EXCEPTION FOR CERTAIN RES24 TORATION PROJECTS.—In the case of a 

25 project under this subparagraph for eco-
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•S 2554 IS 

1 system restoration, the Federal share of 

2 the cost of carrying out the project shall be 

3 100 percent if the project—

4 (I) is located below the ordinary 

5 high water mark or in a connected 

6 backwater; 

7 (II) modifies the operation or 

8 structures for navigation; or 

9 (III) is located on federally 

10 owned land. 

11 (iii) NONGOVERNMENTAL ORGANIZA12 TIONS.—Nongovernmental organizations 

13 shall be eligible to contribute the non-Fed14 eral cost-sharing requirements applicable 

15 to projects under this subparagraph. 

16 (D) LAND ACQUISITION.—The Secretary 

17 may acquire land or an interest in land for an 

18 ecosystem restoration project from a willing 

19 owner through conveyance of—

20 (i) fee title to the land; or 

21 (ii) a flood plain conservation ease22 ment. 

23 (3) SPECIFIC PROJECTS AUTHORIZATION.—

24 (A) IN GENERAL.—Subject to subpara25 graph (A), the ecosystem restoration projects 
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•S 2554 IS 

1 described in paragraph (2) shall be carried out 

2 at a total construction cost of $1,460,000,000. 

3 (B) LIMITATION ON AVAILABLE FUNDS.—

4 Of the amounts made available under subpara5 graph (A), not more than $35,000,000 for each 

6 fiscal year shall be available for land acquisition 

7 under paragraph (2)(D). 

8 (4) IMPLEMENTATION REPORTS.—

9 (A) IN GENERAL.—Not later than June 

10 30, 2005, and every 4 years thereafter, the Sec11 retary shall submit to the Committee on Envi12 ronment and Public Works of the Senate and 

13 the Committee on Transportation and Infra14 structure of the House of Representatives an 

15 implementation report that—

16 (i) includes baselines, benchmarks, 

17 goals, and priorities for ecosystem restora18 tion projects; and 

19 (ii) measures the progress in meeting 

20 the goals. 

21 (B) ADVISORY PANEL.—

22 (i) IN GENERAL.—The Secretary shall 

23 appoint and convene an advisory panel to 

24 provide independent guidance in the devel-
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1 opment of each implementation report 

2 under subparagraph (A). 

3 (ii) PANELISTS.—Panelists shall in4 clude—

5 (I) 1 representative of each of 

6 the State resource agencies (or a des7 ignee of the Governor of the State) 

8 from each of the States of Illinois, 

9 Iowa, Minnesota, Missouri, and Wis10 consin; 

11 (II) 1 representative of the De12 partment of Agriculture; 

13 (III) 1 representative of the De14 partment of Transportation; 

15 (IV) 1 representative of the 

16 United States Geological Survey; 

17 (V) 1 representative of the 

18 United States Fish and Wildlife Serv19 ice; 

20 (VI) 1 representative of the Envi21 ronmental Protection Agency; 

22 (VII) 1 representative of affected 

23 landowners; 
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•S 2554 IS 

1 (VIII) 2 representatives of con2 servation and environmental advocacy 

3 groups; and 

4 (IX) 2 representatives of agri5 culture and industry advocacy groups. 

6 (iii) CO-CHAIRPERSONS.—The Sec7 retary and the Secretary of the Interior 

8 shall serve as co-chairpersons of the advi9 sory panel. 

10 (5) RANKING SYSTEM.—

11 (A) IN GENERAL.—The Secretary, in con12 sultation with the National Academy of 

13 Sciences, shall develop a system to rank pro14 posed projects. 

15 (B) PRIORITY.—The ranking system shall 

16 give greater weight to projects that restore nat17 ural river processes, including those projects 

18 listed in paragraph (2)(B). 

19 (d) COMPARABLE PROGRESS.—

20 (1) IN GENERAL.—As the projects authorized 

21 under this subsection move through preengineering, 

22 design, and construction phases—

23 (A) appropriate milestones will be selected; 

24 and
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•S 2554 IS 

1 (B) at that time of selection, a determina2 tion will be made as to whether the projects are 

3 being carried out at comparable rates. 

4 (2) NO COMPARABLE RATE.—If it is determined 

5 under paragraph (1)(B) that projects authorized 

6 under this subsection are not moving toward comple7 tion at a comparable rate, annual funding for the 

8 projects will be adjusted to ensure that the projects 

9 move toward completion at a comparable rate in the 

10 future. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—Except 

12 as otherwise provided in this section—

13 (1) there are authorized to be appropriated 

14 such sums as are necessary to carry out this sub15 section for fiscal years 2006 through 2020; and 

16 (2) after fiscal year 2020—

17 (A) funds that have been made available 

18 under this section, but have not been expended, 

19 may be expended; and 

20 (B) funds that have been authorized to be 

21 appropriated under this section, but have not 

22 been made available, may be made available. 

23 SEC. 2144. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER. 

24 (a) IN GENERAL.—In accordance with the project for 

25 navigation, Mississippi River between the Ohio and Mis-
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•S 2554 IS 

1 souri Rivers (Regulating Works), Missouri and Illinois, 

2 authorized by the Act of June 25, 1910 (36 Stat. 631, 

3 chapter 382) (commonly known as the ‘‘River and Harbor 

4 Act of 1910’’), the Act of January 1, 1927 (44 Stat. 1010, 

5 chapter 47) (commonly known as the ‘‘River and Harbor 

6 Act of 1927’’), and the Act of July 3, 1930 (46 Stat. 918), 

7 the Secretary shall carry out over at least a 10-year period 

8 a pilot program to restore and protect fish and wildlife 

9 habitat in the middle Mississippi River. 

10 (b) AUTHORIZED ACTIVITIES.—

11 (1) IN GENERAL.—As part of the pilot program 

12 carried out under subsection (a), the Secretary shall 

13 conduct any activities that are necessary to improve 

14 navigation through the project referred to in sub15 section (a) while restoring and protecting fish and 

16 wildlife habitat in the middle Mississippi River sys17 tem. 

18 (2) INCLUSIONS.—Activities authorized under 

19 paragraph (1) shall include—

20 (A) the modification of navigation training 

21 structures; 

22 (B) the modification and creation of side 

23 channels; 

24 (C) the modification and creation of is25 lands; 
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•S 2554 IS 

1 (D) any studies and analysis necessary to 

2 develop adaptive management principles; 

3 (E) the acquisition from a willing seller of 

4 any land associated with a riparian corridor 

5 needed to carry out the goals of the pilot pro6 gram. 

7 (c) COST-SHARING REQUIREMENT.—The cost-shar8 ing requirement required under the Act of June 25, 1910 

9 (36 Stat. 631, chapter 382) (commonly known as the 

10 ‘‘River and Harbor Act of 1910’’), the Act of January 1, 

11 1927 (44 Stat. 1010, chapter 47) (commonly known as 

12 the ‘‘River and Harbor Act of 1927’’), and the Act of July 

13 3, 1930 (46 Stat. 918), for the project referred to in sub14 section (a) shall apply to any activities carried out under 

15 this section. 

16 Subchapter C—Deauthorizations 

17 SEC. 2161. INLAND WATERWAY FROM DELAWARE RIVER TO 

18 CHESAPEAKE BAY, PART II, INSTALLATION 

19 OF FENDER PROTECTION FOR BRIDGES, 

20 DELAWARE AND MARYLAND. 

21 The project for the construction of bridge fenders for 

22 the Summit and St. Georges Bridge for the Inland Water23 way of the Delaware River to the C & D Canal of the 

24 Chesapeake Bay authorized by the River and Harbor Act 

25 of 1954 (68 Stat. 1249) is not authorized. 
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•S 2554 IS 

1 SEC. 2162. MAYO’S BAR LOCK AND DAM, COOSA RIVER, 

2 ROME, GEORGIA. 

3 The project for navigation, Mayo’s Bar Lock and 

4 Dam, Coosa River, Rome, Georgia, authorized by section 

5 528 of the Water Resources Development Act of 1999 

6 (113 Stat. 347) is not authorized. 

7 SEC. 2163. MISSISSIPPI RIVER, MUSCATINE, IOWA. 

8 The Mississippi River project at Muscatine, Iowa, au9 thorized by section 101 of the River and Harbor Act of 

10 1950 (64 Stat. 166) is not authorized. 

11 SEC. 2164. GULF INTERCOASTAL WATERWAY, LAKE 

12 BORGNE AND CHEF MENTEUR, LOUISIANA. 

13 The project for the construction of bulkheads and jet14 ties at Lake Borgne and Chef Menteur, Louisiana, as part 

15 of the Gulf Intercoastal Waterway authorized by the first 

16 section of the River and Harbor Act of 1946 (60 Stat. 

17 635) is not authorized. 

18 SEC. 2165. EISENHOWER AND SNELL LOCKS, NEW YORK. 

19 The project for navigation, Eisenhower and Snell 

20 Locks, New York, authorized by section 1163 of the Water 

21 Resources Development Act of 1986 (100 Stat. 4258) is 

22 not authorized. 

23 SEC. 2166. RED RIVER WATERWAY, SHREVEPORT, LOU24 ISIANA TO DAINGERFIELD, TEXAS. 

25 The project for the Red River Waterway, Shreveport, 

26 Louisiana to Daingerfield, Texas, authorized by section 
76

•S 2554 IS 

1 101 of the River and Harbor Act of 1968 (82 Stat. 731) 

2 is not authorized. 

3 SEC. 2167. SCHUYLKILL RIVER, PENNSYLVANIA. 

4 The project for navigation, Schuylkill River (Mouth 

5 to Penrose Avenue), Pennsylvania, authorized by the sec6 tion 344 of the Water Resources Development Act of 1996 

7 (110 Stat. 3722) is not authorized. 

8 SEC. 2168. LAKE OF THE PINES, TEXAS. 

9 The project for navigation improvements affecting 

10 Lake of the Pines, Texas, for the portion of the Red River 

11 below Fulton, Arkansas, is not authorized. 

12 SEC. 2169. TENNESSEE COLONY LAKE, TEXAS. 

13 The project for navigation, Tennessee Colony Lake, 

14 Trinity River, Texas, authorized by section 204 of the 

15 River and Harbor Act of 1965 (79 Stat. 1091) is not au16 thorized. 

17 SEC. 2170. CITY WATERWAY, TACOMA, WASHINGTON. 

18 The portion of the project for navigation, City Water19 way, Tacoma, Washington, authorized by the first section 

20 of the Act of June 13, 1902 (32 Stat. 347), consisting 

21 of the last 1,000 linear feet of the inner portion of the 

22 Waterway beginning at Station 70+00 and ending at Sta23 tion 80+00, is not authorized.
77

•S 2554 IS 

1 Subtitle B—Ports and Harbors 

2 CHAPTER 1—CONTINUING AUTHORITIES 

3 PROGRAMS 

4 SEC. 2211. SMALL RIVER AND HARBOR IMPROVEMENT 

5 PROJECTS. 

6 Section 107(b) of the River and Harbor Act of 1960 

7 (33 U.S.C. 577(b)) is amended by striking ‘‘$4,000,000’’ 

8 and inserting ‘‘$7,000,000’’. 

9 CHAPTER 2—PROJECTS 

10 Subchapter A—Authorizations 

11 SEC. 2221. AKUTAN HARBOR, AKUTAN, ALASKA. 

12 The Secretary may carry out the Akutan Small Boat 

13 Harbor project for navigation, Akutan, Alaska, at a total 

14 estimated cost of $19,013,000, with an estimated Federal 

15 cost of $9,185,000 and an estimated non-Federal cost of 

16 $9,828,000, substantially in accordance with the plans, 

17 and subject to the conditions, recommended in a final re18 port of the Chief of Engineers, if a favorable final report 

19 of the Chief for the project is completed not later than 

20 December 31, 2004. 

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

22 The Secretary may carry out the Haines Small Boat 

23 Harbor project for navigation, Haines, Alaska, at a total 

24 estimated cost of $21,410,000, with an estimated Federal 

25 cost of $9,590,000 and an estimated non-Federal cost of 
78

•S 2554 IS 

1 $11,820,000, substantially in accordance with the plans, 

2 and subject to the conditions, recommended in a final re3 port of the Chief of Engineers, if a favorable final report 

4 of the Chief for the project is completed not later than 

5 December 31, 2004. 

6 SEC. 2223. UNALASKA SMALL BOAT HARBOR, UNALASKA, 

7 ALASKA. 

8 The Secretary may carry out the Unalaska Small 

9 Boat Harbor project for navigation, Unalaska, Alaska, at 

10 a total estimated cost of $23,200,000, with an estimated 

11 Federal cost of $11,500,000 and an estimated non-Fed12 eral cost of $11,700,000, substantially in accordance with 

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

14 a final report of the Chief of Engineers, if a favorable final 

15 report of the Chief for the project is completed not later 

16 than December 31, 2004. 

17 SEC. 2224. MIAMI HARBOR, MIAMI, FLORIDA. 

18 The Secretary may carry out the Miami Harbor, 

19 Florida, project for navigation, Miami, Florida, at a total 

20 estimated cost of $157,310,000, with an estimated Fed21 eral cost of $63,728,000 and an estimated non-Federal 

22 cost of $93,582,000, substantially in accordance with the 

23 plans, and subject to the conditions, recommended in a 

24 final report of the Chief of Engineers, if a favorable final 
79

•S 2554 IS 

1 report of the Chief for the project is completed not later 

2 than December 31, 2004. 

3 SEC. 2225. PORT OF IBERIA, LOUISIANA. 

4 The Secretary may carry out the project for naviga5 tion, Port of Iberia, Louisiana, at a total cost of 

6 $165,000,000, with an estimated Federal cost of 

7 $132,000,000 and an estimated non-Federal cost of 

8 $33,000,000, and at an estimated average annual Federal 

9 cost of $75,000,000 for periodic nourishment over the 50-

10 year life of the project, substantially in accordance with 

11 the feasibility report and environmental impact statement 

12 for the project, and subject to the conditions recommended 

13 in a final report of the Chief of Engineers, if a favorable 

14 final report of the Chief is completed by December 31, 

15 2004. 

16 SEC. 2226. CORPUS CHRISTI SHIP CHANNEL, CORPUS 

17 CHRISTI, TEXAS. 

18 The Secretary may carry out the project for naviga19 tion and environmental restoration, Corpus Christi Ship 

20 Channel, Texas, substantially in accordance with the 

21 plans, and subject to the conditions, described in the re22 port entitled ‘‘Channel Improvement Project: Report of 

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

24 cost of $153,808,000, with an estimated Federal cost of 
80

•S 2554 IS 

1 $73,554,000 and an estimated non-Federal cost of 

2 $80,254,000. 

3 SEC. 2227. AIWW—BRIDGE REPLACEMENT AT DEEP CREEK, 

4 VIRGINIA. 

5 The Secretary may construct the Atlantic Intra6 coastal Waterway bridge replacement at Deep Creek, Vir7 ginia, in accordance with the recommendations of the Re8 port of the Chief of Engineers dated March 3, 2003, at 

9 a total cost of $32,048,000, at full Federal expense. 

10 Subchapter B—Modifications 

11 SEC. 2241. SITKA, ALASKA. 

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

13 project for navigation, Southeast Alaska Harbors of Ref14 uge, Alaska, authorized by section 101 of the Water Re15 sources Development Act of 1992 (106 Stat. 4801), is 

16 modified to direct the Secretary to take such action as 

17 is necessary to correct design deficiencies in the element, 

18 at a Federal cost of $6,300,000. 

19 SEC. 2242. LA–3 DREDGED MATERIAL OCEAN DISPOSAL 

20 SITE DESIGNATION, CALIFORNIA. 

21 Section 102(c)(4) of the Marine Protection, Re22 search, and Sanctuaries Act of 1972 (33 U.S.C. 

23 1412(c)(4)) is amended in the third sentence by striking 

24 ‘‘January 1, 2003’’ and inserting ‘‘January 1, 2006’’. 
81

•S 2554 IS 

1 SEC. 2243. CONDITIONAL DECLARATION OF NONNAVIGA2 BILITY, PORT OF SAN FRANCISCO, CALI3 FORNIA. 

4 (a) CONDITIONAL DECLARATION OF NONNAVIGA5 BILITY.—If the Secretary determines, in consultation with 

6 appropriate Federal and non-Federal entities, that 

7 projects proposed to be carried out by non-Federal entities 

8 within the portions of the San Francisco, California, wa9 terfront described in subsection (b) are not in the public 

10 interest, the portions shall be declared not to be navigable 

11 water of the United States for the purposes of section 9 

12 of the Act of March 3, 1899 (33 U.S.C. 401) and the 

13 General Bridge Act of 1946 (33 U.S.C. 525 et seq.). 

14 (b) PORTIONS OF WATERFRONT.—The portions of 

15 the San Francisco, California, waterfront referred to in 

16 subsection (a) are those that are, or will be, bulkheaded, 

17 filled, or otherwise occupied by permanent structures and 

18 that are located as follows: beginning at the intersection 

19 of the northeasterly prolongation of the portion of the 

20 northwesterly line of Bryant Street lying between Beale 

21 Street and Main Street with the southwesterly line of 

22 Spear Street, which intersection lies on the line of jurisdic23 tion of the San Francisco Port Commission; following 

24 thence southerly along said line of jurisdiction as described 

25 in the State of California Harbor and Navigation Code 

26 Section 1770, as amended in 1961, to its intersection with
82

•S 2554 IS 

1 the easterly line of Townsend Street along a line that is 

2 parallel and distant 10 feet from the existing southern 

3 boundary of Pier 40 to its point of intersection with the 

4 United States Government pier-head line; thence northerly 

5 along said pier-head line to its intersection with a line par6 allel with, and distant 10 feet easterly from, the existing 

7 easterly boundary line of Pier 30–32; thence northerly 

8 along said parallel line and its northerly prolongation, to 

9 a point of intersection with a line parallel with, and distant 

10 10 feet northerly from, the existing northerly boundary of 

11 Pier 30–32, thence westerly along last said parallel line 

12 to its intersection with the United States Government 

13 pier-head line; to the northwesterly line of Bryan Street 

14 northwesterly; thence southwesterly along said northwest15 erly line of Bryant Street to the point of beginning. 

16 (c) REQUIREMENT THAT AREA BE IMPROVED.—If, 

17 by the date that is 20 years after the date of enactment 

18 of this Act, any portion of the San Francisco, California, 

19 waterfront described in subsection (b) has not been bulk20 headed, filled, or otherwise occupied by 1 or more perma21 nent structures, or if work in connection with any activity 

22 carried out pursuant to applicable Federal law requiring 

23 a permit, including sections 9 and 10 of the Act of March 

24 3, 1899 (33 U.S.C. 401), is not commenced by the date 

25 that is 5 years after the date of issuance of such a permit, 
83

•S 2554 IS 

1 the declaration of nonnavigability for the portion under 

2 this section shall cease to be effective. 

3 SEC. 2244. CHARLES HERVEY TOWNSHEND BREAKWATER, 

4 NEW HAVEN HARBOR, CONNECTICUT. 

5 The western breakwater for the project for naviga6 tion, New Haven Harbor, Connecticut, authorized by the 

7 first section of the Act of September 19, 1890 (26 Stat. 

8 426), shall be known and designated as the ‘‘Charles 

9 Hervey Townshend Breakwater’’. 

10 SEC. 2245. ANCHORAGE AREA, NEW LONDON HARBOR, CON11 NECTICUT. 

12 (a) IN GENERAL.—The portion of the project for 

13 navigation, New London Harbor, Connecticut, authorized 

14 by the Act of June 13, 1902 (32 Stat. 333), that consists 

15 of a 23-foot waterfront channel described in subsection 

16 (b), is redesignated as an anchorage area. 

17 (b) DESCRIPTION OF CHANNEL.—The channel re18 ferred to in subsection (a) may be described as beginning 

19 at a point along the western limit of the existing project, 

20 N. 188, 802.75, E. 779, 462.81, thence running north21 easterly about 1,373.88 feet to a point N. 189, 554.87, 

22 E. 780, 612.53, thence running southeasterly about 

23 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, 

24 thence running southwesterly about 831.58 feet to a point 

25 N. 188, 864.63, E. 780, 288.08, thence running south-
84

•S 2554 IS 

1 easterly about 567.39 feet to a point N. 188, 301.88, E. 

2 780, 360.49, thence running northwesterly about 1,027.96 

3 feet to the point of origin, is redesignated as an anchorage 

4 area. 

5 SEC. 2246. NORWALK HARBOR, CONNECTICUT. 

6 (a) IN GENERAL.—The portions of a 10-foot channel 

7 of the project for navigation, Norwalk Harbor, Con8 necticut, authorized by the first section of the Act of 

9 March 2, 1919 (40 Stat. 1276) and described in sub10 section (b), are not authorized. 

11 (b) DESCRIPTION OF PORTIONS.—The portions of 

12 the channel referred to in subsection (a) are as follows: 

13 (1) RECTANGULAR PORTION.—An approxi14 mately rectangular-shaped section along the north15 westerly terminus of the channel. The section is 35-

16 feet wide and about 460-feet long and is further de17 scribed as follows: Commencing at a point N. 

18 104,165.85, E. 417,662.71, thence running south 

19 24°06′55′′ E. 395.00 feet to a point N. 103,805.32, 

20 E. 417,824.10, thence running south 00°38′06′′ E. 

21 87.84 feet to a point N. 103,717.49, E. 417,825.07, 

22 thence running north 24°06′55′′ W. 480.00 feet, to 

23 a point N. 104,155.59, E. 417.628.96, thence run24 ning north 73°05′25′′ E. 35.28 feet to the point of 

25 origin. 
85

•S 2554 IS 

1 (2) PARALLELOGRAM-SHAPED PORTION.—An 

2 area having the approximate shape of a parallelo3 gram along the northeasterly portion of the channel, 

4 southeast of the area described in paragraph (1), 

5 approxmately 20 feet wide and 260 feet long, and 

6 further described as follows: Commencing at a point 

7 N. 103,855.48, E. 417,849.99, thence running south 

8 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, 

9 E. 417,922.89, thence running south 24°07′04′′ E. 

10 127.75 feet to a point N. 103,627.16, E. 

11 417,975.09, thence running north 33°07′30′′ W. 

12 190.00 feet to a point N. 103,786.28, E. 

13 417,871.26, thence running north 17°05′15′′ W. 

14 72.39 feet to the point of origin. 

15 (c) MODIFICATION.—The 10-foot channel portion of 

16 the Norwalk Harbor, Connecticut navigation project de17 scribed in subsection (a) is modified to authorize the Sec18 retary to realign the channel to include, immediately north 

19 of the area described in subsection (b), a triangular sec20 tion described as commencing at a point N. 103,968.35, 

21 E. 417,815.29, thence running S. 17°05′15′′ east 118.09 

22 feet to a point N. 103,855.48, E. 417,849.99, thence run23 ning N. 33°07′30′′ west 36.76 feet to a point N. 

24 103,886.27, E. 417,829.90, thence running N. 10°05′ 26′′

25 west 83.37 feet to the point of origin. 
86

•S 2554 IS 

1 SEC. 2247. JACKSONVILLE HARBOR, FLORIDA. 

2 The project for navigation, Jacksonville Harbor, 

3 Florida, authorized by section 101(a)(17) of the Water 

4 Resources Development Act of 1999 (113 Stat. 276), is 

5 modified to authorize the Secretary to extend the naviga6 tion features in accordance with the Report of the Chief 

7 of Engineers, dated July 22, 2003, at an additional total 

8 cost of $14, 658,000, with an estimated Federal cost of 

9 $9,636,000 and an estimated non-Federal cost of 

10 $5,022,000. 

11 SEC. 2248. LAND CONVEYANCE, RICHARD B. RUSSELL DAM 

12 AND LAKE, GEORGIA AND SOUTH CAROLINA. 

13 (a) IN GENERAL.—The Secretary may convey as a 

14 transfer or exchange, or both, by quitclaim deed to the 

15 State of South Carolina all right, title, and interest of the 

16 United States in and to the parcels of land described in 

17 subsection (b)(1) that are being managed as of the date 

18 of the enactment of this Act by the South Carolina De19 partment of Commerce for public recreation purposes for 

20 the Richard B. Russell Dam and Lake, South Carolina, 

21 project authorized by section 203 of the Flood Control Act 

22 of 1966 (80 Stat. 1420). 

23 (b) LAND DESCRIPTION.—

24 (1) IN GENERAL.—The parcels of land to be 

25 conveyed are the portion of land described in Army
87

•S 2554 IS 

1 Lease No. DACW21–1–92–0500 that is determined 

2 by the survey conducted under paragraph (3). 

3 (2) LAND RETAINED BY UNITED STATES.—The 

4 United States shall retain ownership of land in5 cluded in the Lease described in paragraph (1) that 

6 is determined by the Secretary to be required for au7 thorized project purposes, including right-of-way 

8 easements to remaining Federal land. 

9 (3) SURVEY.—The exact acreage and legal de10 scription of the land to be conveyed shall be deter11 mined by a survey satisfactory to the Secretary, with 

12 the cost of the survey borne by the State. 

13 (c) TERMS AND CONDITIONS.—

14 (1) IN GENERAL.—The Secretary may require 

15 that the conveyance under this section be subject to 

16 such terms and conditions as the Secretary considers 

17 appropriate and necessary to protect the interests of 

18 the United States, including the terms and condi19 tions prescribed by this subsection. 

20 (2) CONSIDERATION; USE OF PROCEEDS.—

21 (A) CONSIDERATION.—Fair market value 

22 consideration, as determined by the United 

23 States, shall be paid by the State for any land 

24 included in the conveyance under this section. 
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•S 2554 IS 

1 (B) USE OF PROCEEDS.—Any monetary 

2 proceeds received from the conveyance may be 

3 used by the Corps of Engineers, Savannah Dis4 trict, for any authorized activities for the Rich5 ard B. Russell Dam and Lake project. 

6 (3) MANAGEMENT POLICY.—The Corps of En7 gineers Shoreline Management Policy (ER–1130–2–

8 406) shall not be changed or altered for the pro9 posed development. 

10 (4) NEPA.—In carrying out this section, the 

11 Secretary and State shall comply with the National 

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

13 et seq.) (including public review) and other applica14 ble Federal law. 

15 (5) COST SHARING.—The Secretary and State 

16 shall share the cost of carrying out this section in 

17 accordance with the cost sharing agreement between 

18 the State and the Secretary in effect on the date of 

19 enactment of this Act. 

20 (6) MANAGEMENT.—The State shall manage 

21 land conveyed under this section in accordance with 

22 the terms and conditions of Army Lease No. 

23 DACW21–1–92–0500 that apply to land not con24 veyed under this section. 
89

•S 2554 IS 

1 (7) RECREATION DEMANDS ANALYSIS.—Any 

2 conveyance under this section shall be supported by 

3 an updated recreation demands analysis, as deter4 mined by the Secretary. 

5 (d) COSTS OF CONVEYANCE.—

6 (1) IN GENERAL.—The State shall be respon7 sible for all costs (including real estate transaction 

8 and environmental compliance costs) associated with 

9 the conveyance. 

10 (2) ADMINISTRATIVE EXPENSES.—As deter11 mined appropriate by the Secretary, the State may, 

12 in lieu of administrative expense compensation to the 

13 United States, perform certain environmental or real 

14 estate actions associated with this conveyance, if the 

15 actions are performed in close coordination and to 

16 the satisfaction of the United States. 

17 (e) LIABILITY.—The State shall hold the United 

18 States harmless from any liability with respect to activities 

19 carried out, on or after the date of the conveyance, on 

20 land conveyed under this section. 

21 SEC. 2249. PORT OF LEWISTON, IDAHO. 

22 (a) EXTINGUISHMENT OF REVERSIONARY INTER23 ESTS AND USE RESTRICTIONS.—With respect to property 

24 covered by each deed described in subsection (b)—
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•S 2554 IS 

1 (1) the reversionary interests and use restric2 tions relating to industrial use purposes are extin3 guished; 

4 (2) the restriction that no activity shall be per5 mitted that will compete with services and facilities 

6 offered by public marinas is extinguished; 

7 (3) the human habitation or other building 

8 structure use restriction is extinguished in each area 

9 in which the elevation is above the standard project 

10 flood elevation; and 

11 (4) the use of fill material to raise low areas 

12 above the standard project flood elevation is author13 ized, except in any low area constituting wetland for 

14 which a permit under section 404 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1344) is re16 quired. 

17 (b) DEEDS.—The deeds referred to in subsection (a) 

18 are as follows: 

19 (1) Auditor’s Instrument No. 399218 of Nez 

20 Perce County, Idaho, 2.07 acres. 

21 (2) Auditor’s Instrument No. 487437 of Nez 

22 Perce County, Idaho, 7.32 acres. 

23 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

24 section affects the remaining rights and interests of the 

25 Corps of Engineers for authorized project purposes with 
91

•S 2554 IS 

1 respect to property covered by deeds described in sub2 section (b). 

3 SEC. 2250. CHICAGO RIVER AND HARBOR, CHICAGO, ILLI4 NOIS. 

5 (a) DEAUTHORIZATION.—As of the date of enactment 

6 of this Act, the portions of the projects for navigation, 

7 Chicago River and Chicago Harbor, Chicago, Illinois, au8 thorized by the Act of March 3, 1899 (30 Stat. 1129), 

9 extending 50 feet riverward of the existing dock wall on 

10 the south side of the channel from Lake Street to Franklin 

11 Street and 25 feet riverward of the existing dock wall on 

12 the south side of the channel from Franklin Street to Wa13 bash Avenue, and those areas within 20 feet of the bridge 

14 abutments on the south side of the channel for the length 

15 of the protection bridge piers from the Franklin Street 

16 Bridge to the Michigan Avenue Bridge, are not author17 ized. 

18 (b) MODIFICATION.—The projects for navigation, 

19 Chicago River and Chicago Harbor, referred to in sub20 section (a) are modified to direct the Secretary to redefine 

21 the Federal navigation channel for the North Branch 

22 Canal portion extending from 100 feet downstream of the 

23 Halsted Street Bridge to 100 feet upstream of the Divi24 sion Street Bridge to be not wider than 66 feet.
92

•S 2554 IS 

1 SEC. 2251. CAMP ELLIS, SACO, MAINE. 

2 The maximum amount of Federal funds that may be 

3 expended for the project being carried out under section 

4 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

5 for the mitigation of shore damages attributable to the 

6 project for navigation, Camp Ellis, Saco, Maine, shall be 

7 $20,000,000. 

8 SEC. 2252. UNION RIVER, MAINE. 

9 The project for navigation, Union River, Maine, au10 thorized by the first section of the Act of June 3, 1896 

11 (29 Stat. 215, chapter 314), is modified by redesignating 

12 as an anchorage area that portion of the project consisting 

13 of a 6-foot turning basin and lying northerly of a line com14 mencing at a point N. 315,975.13, E. 1,004,424.86, 

15 thence running N. 61° 27′ 20.71′′ W. about 132.34 feet 

16 to a point N. 316,038.37, E. 1,004,308.61. 

17 SEC. 2253. DULUTH HARBOR, MINNESOTA. 

18 (a) IN GENERAL.—Notwithstanding the cost limita19 tion described in section 107(b) of the River and Harbor 

20 Act of 1960 (33 U.S.C. 577(b)), the Secretary shall carry 

21 out the project for navigation, Duluth Harbor, Minnesota, 

22 pursuant to the authority provided under that section at 

23 a total Federal cost of $9,000,000. 

24 (b) PUBLIC ACCESS AND RECREATIONAL FACILI25 TIES.—Section 321 of the Water Resources Development 

26 Act of 2000 (114 Stat. 2605) is amended by inserting ‘‘, 
93

•S 2554 IS 

1 and to provide public access and recreational facilities’’ 

2 after ‘‘including any required bridge construction’’. 

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

4 Section 101(a)(2) of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2576) is amended by adding 

6 at the end the following: 

7 ‘‘(C) TEMPORARY DREDGED MATERIAL

8 STORAGE FACILITY.—

9 ‘‘(i) IN GENERAL.—The Secretary 

10 may permit the non-Federal interest to 

11 construct a temporary dredged material 

12 storage facility to receive dredged material 

13 from the project if—

14 ‘‘(I) at least 180 days before the 

15 date of selection of the final site for 

16 the project, the non-Federal interest 

17 submits, in writing, a list of potential 

18 sites for the temporary storage facility 

19 to the Committee on Environment 

20 and Public Works of the Senate and 

21 the Committee on Transportation and 

22 Infrastructure of the House of Rep23 resentatives; and 

24 ‘‘(II) at least 70 percent of the 

25 dredged material generated in connec-
94

•S 2554 IS 

1 tion with the project that is suitable 

2 for beneficial reuse will be used at 

3 sites in the State of New Jersey (to 

4 the extent that there are sufficient 

5 sites available). 

6 ‘‘(ii) CREDIT.—The Secretary shall 

7 credit toward the non-Federal share of the 

8 cost of the project the cost of construction 

9 of a temporary storage facility under 

10 clause (i) if the Secretary determines that 

11 the temporary storage facility is integral to 

12 the project.’’. 

13 SEC. 2255. TOUSSANT RIVER NAVIGATION PROJECT, CAR14 ROLL TOWNSHIP, OHIO. 

15 Increased operation and maintenance activities for 

16 the Toussaint River Federal Navigation Project, Carroll 

17 Township, Ohio, that are carried out in accordance with 

18 section 107 of the River and Harbor Act of 1960 (33 

19 U.S.C. 577) and relate directly to the presence of 

20 unexploded ordnance, shall be carried out at full Federal 

21 expense. 

22 SEC. 2256. GULF INTRACOASTAL WATERWAY, BRAZOS 

23 RIVER TO PORT O’CONNOR, TEXAS. 

24 The project for navigation, Gulf Intracoastal Water25 way, Sabine River to Corpus Christi, Texas, authorized 
95

•S 2554 IS 

1 by the first section of the Act of March 3, 1925 (43 Stat. 

2 1186, chapter 467) (commonly known as the ‘‘River and 

3 Harbor Act of 1925’’), and the first section of the Act 

4 of January 1, 1927 (44 Stat. 1010, chapter 47) (com5 monly known as the ‘‘River and Harbor Act of 1927’’), 

6 is modified further to authorize the Secretary to construct 

7 the realignment of a portion of the channel from approxi8 mately channel mile 454 to approximately channel mile 

9 473, Matagorda Bay, Gulf Intracoastal Waterway, Texas, 

10 to provide for safer navigation, substantially in accordance 

11 with the recommendations of the Report of the Chief of 

12 Engineers, GIWW, Brazos River to Port O’Connor, 

13 Matagorda Bay Reroute, Texas, dated December 24, 

14 2002, at a total cost of $14,515,000, with a first Federal 

15 cost of $14,515,000. 

16 SEC. 2257. GULF INTRACOASTAL WATERWAY, HIGH ISLAND 

17 TO BRAZOS RIVER, TEXAS. 

18 The project for navigation, Gulf Intracoastal Water19 way, Sabine River to Corpus Christi, Texas, authorized 

20 by the first section of the Act of March 3, 1925 (43 Stat. 

21 1186, chapter 467) (commonly known as the ‘‘River and 

22 Harbor Act of 1925’’), and the first section of the Act 

23 of January 1, 1927 (44 Stat. 1010, chapter 47) (com24 monly known as the ‘‘River and Harbor Act of 1927’’), 

25 is modified further to authorize the Secretary to construct 
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1 the realignment of the portion of the channel from High 

2 Island to Brazos River, Texas, substantially in accordance 

3 with the recommendations of the Report of the Chief of 

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

5 $12,236,000, with a first Federal cost of $12,236,000. 

6 SEC. 2258. TANGIER ISLAND SEAWALL, VIRGINIA. 

7 Section 577(a) of the Water Resources Development 

8 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

9 a total cost of $1,200,000, with an estimated Federal cost 

10 of $900,000 and an estimated non-Federal cost of 

11 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

12 with an estimated Federal cost of $2,400,000 and an esti13 mated non-Federal cost of $600,000.’’. 

14 SEC. 2259. LOWER GRANITE POOL, WASHINGTON. 

15 (a) EXTINGUISHMENT OF REVERSIONARY INTER16 ESTS AND USE RESTRICTIONS.—With respect to property 

17 covered by each deed described in subsection (b)—

18 (1) the reversionary interests and use restric19 tions relating to port or industrial purposes are ex20 tinguished; 

21 (2) the human habitation or other building 

22 structure use restriction is extinguished in each area 

23 in which the elevation is above the standard project 

24 flood elevation; and
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1 (3) the use of fill material to raise low areas 

2 above the standard project flood elevation is author3 ized, except in any low area constituting wetland for 

4 which a permit under section 404 of the Federal 

5 Water Pollution Control Act (33 U.S.C. 1344) would 

6 be required for the use of fill material. 

7 (b) DEEDS.—The deeds referred to in subsection (a) 

8 are as follows: 

9 (1) Auditor’s File Numbers 432576, 443411, 

10 and 579771 of Whitman County, Washington. 

11 (2) Auditor’s File Numbers 125806, 138801, 

12 147888, 154511, 156928, and 176360 of Asotin 

13 County, Washington. 

14 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

15 section affects any remaining rights and interests of the 

16 Corps of Engineers for authorized project purposes in or 

17 to property covered by a deed described in subsection (b). 

18 Subchapter C—Deauthorizations 

19 SEC. 2271. JACKSON PORT, JACKSON, ALABAMA. 

20 The project for navigation, Jackson Port, Jackson, 

21 Alabama, is not authorized. 

22 SEC. 2272. BRIDGEPORT HARBOR, CONNECTICUT. 

23 (a) IN GENERAL.—The portion of the project for 

24 navigation, Bridgeport Harbor, Connecticut, authorized 

25 by the Act of July 3, 1930 (46 Stat. 919), consisting of 
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1 an 18-foot channel in Yellow Mill River and described in 

2 subsection (b), is not authorized. 

3 (b) DESCRIPTION OF PROJECT.—The project re4 ferred to in subsection (a) is described as beginning at 

5 a point along the eastern limit of the existing project, N. 

6 123,649.75, E. 481,920.54, thence running northwesterly 

7 about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 

8 thence running northeasterly about 1,442.21 feet to a 

9 point N. 125,030.08, E. 482,394.96, thence running 

10 northeasterly about 139.52 feet to a point along the east 

11 limit of the existing channel, N. 125,133.87, E. 

12 482,488.19, thence running southwesterly about 1,588.98 

13 feet to the point of origin. 

14 SEC. 2273. MUSCATINE HARBOR, IOWA. 

15 The project for navigation at the Muscatine Harbor 

16 on the Mississippi River at Muscatine, Iowa, authorized 

17 by section 101 of the River and Harbor Act of 1950 (64 

18 Stat. 166), is not authorized. 

19 SEC. 2274. BAYOU LAFOURCHE AND LAFOURCHE JUMP, 

20 LOUISIANA. 

21 The project for navigation improvement for Bayou 

22 Lafourche and Lafourche Jump, Louisiana, authorized by 

23 the Act of August 30, 1935 (49 Stat. 1033, chapter 831) 

24 and the River and Harbor Act of 1960 (74 Stat. 481), 

25 is not authorized. 
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1 SEC. 2275. NORTHEAST HARBOR, MAINE. 

2 The project for navigation, Northeast Harbor, Maine, 

3 authorized by section 2 of the Act of March 2, 1945 (59 

4 Stat. 12, chapter 19), is not authorized. 

5 SEC. 2276. TENANTS HARBOR, MAINE. 

6 The project for navigation, Tenants Harbor, Maine, 

7 authorized by the first section of the Act of March 2, 1919 

8 (40 Stat. 1275, chapter 95), is not authorized. 

9 SEC. 2277. GRAND HAVEN HARBOR, MICHIGAN. 

10 The project for navigation, Grand Haven Harbor, 

11 Michigan, authorized by section 202(a) of the Water Re12 sources Development Act of 1986 (100 Stat. 4093) is not 

13 authorized. 

14 SEC. 2278. GREENVILLE HARBOR, MISSISSIPPI. 

15 The project for navigation, Greenville Harbor, Mis16 sissippi, authorized by section 601(a) of the Water Re17 sources Development Act of 1986 (100 Stat. 4142) is not 

18 authorized. 

19 SEC. 2279. NEW YORK HARBOR AND ADJACENT CHANNELS, 

20 CLAREMONT TERMINAL, JERSEY CITY, NEW 

21 JERSEY. 

22 The project for navigation, New York Harbor and ad23 jacent channels, Claremont Terminal, Jersey City, New 

24 Jersey, authorized by section 202(b) of the Water Re25 sources Development Act of 1986 (100 Stat. 4098), is not 

26 authorized. 
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1 SEC. 2380. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK. 

2 The project for navigation, Olcott Harbor, Lake On3 tario, New York, authorized by section 601(a) of the 

4 Water Resources Development Act of 1986 (100 Stat. 

5 4143), is not authorized. 

6 SEC. 2381. OUTER HARBOR, BUFFALO, NEW YORK. 

7 The project for navigation, Outer Harbor, Buffalo, 

8 New York, authorized by section 110 of the Water Re9 sources Development Act of 1992 (106 Stat. 4817), is not 

10 authorized. 

11 SEC. 2382. MANTEO BAY, NORTH CAROLINA. 

12 The project for navigation, Manteo (Shallowbag) 

13 Bay, North Carolina (Oregon Inlet), authorized by section 

14 101 of the River and Harbor Act of 1970 (84 Stat. 1818), 

15 is not authorized. 

16 SEC. 2383. CLEVELAND HARBOR 1958 ACT, OHIO. 

17 The project for navigation, Cleveland Harbor 

18 (Uncompleted Portion), Ohio, authorized by section 101 

19 of the River and Harbor Act of 1958 (72 Stat. 299), is 

20 not authorized. 

21 SEC. 2384. CLEVELAND HARBOR 1960 ACT, OHIO. 

22 The project for navigation, Cleveland Harbor 

23 (Uncompleted Portion), Ohio, authorized by section 101 

24 of the River and Harbor Act of 1960 (74 Stat. 482), is 

25 not authorized. 
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1 SEC. 2385. CLEVELAND HARBOR, UNCOMPLETED PORTION 

2 OF CUT #4, OHIO. 

3 The project for navigation, Cleveland Harbor 

4 (Uncompleted Portion of Cut #4), Ohio, authorized by the 

5 first section of the Act of July 24, 1946 (60 Stat. 636, 

6 chapter 595), is not authorized. 

7 SEC. 2386. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM8 MOND, OREGON. 

9 The project for the Columbia River, Seafarers Memo10 rial, Hammond, Oregon, authorized by title I of the En11 ergy and Water Development Appropriations Act, 1991 

12 (104 Stat. 2078), is not authorized. 

13 SEC. 2387. DELAWARE RIVER, PHILADELPHIA, PENNSYL14 VANIA TO TRENTON, NEW JERSEY. 

15 The project for navigation, Delaware River, Philadel16 phia, Pennsylvania to Trenton, New Jersey (Tioga Marine 

17 Terminal), as authorized by section 3(a)(12) of the Water 

18 Resources Development Act of 1988 (102 Stat. 4014), is 

19 not authorized. 

20 SEC. 2388. NARRAGANSETT TOWN BEACH, NARRAGANSETT, 

21 RHODE ISLAND. 

22 The project for navigation, Narragansett Town 

23 Beach, Narragansett, Rhode Island, authorized by section 

24 361 of the Water Resources Development Act of 1992 

25 (106 Stat. 4861), is not authorized.
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1 SEC. 2389. QUONSET POINT-DAVISVILLE, RHODE ISLAND. 

2 The project for bulkhead repairs, Quonset Point3 Davisville, Rhode Island, authorized by section 571 of the 

4 Water Resources Development Act of 1996 (110 Stat. 

5 3788), is not authorized. 

6 TITLE III—FLOOD AND COASTAL 

7 STORM DAMAGE REDUCTION 

8 Subtitle A—Flood Damage 

9 Reduction 

10 CHAPTER 1—CONTINUING AUTHORITIES 

11 PROGRAMS 

12 SEC. 3001. PROTECTION AND RESTORATION DUE TO EMER13 GENCIES AT SHORES AND STREAMBANKS 

14 (PRESS). 

15 Section 14 of the Flood Control Act of 1946 (33 

16 U.S.C. 701r) is amended—

17 (1) by striking ‘‘$15,000,000’’ and inserting 

18 ‘‘$20,000,000’’; and 

19 (2) by striking ‘‘$1,000,000’’ and inserting 

20 ‘‘$1,500,000’’. 

21 CHAPTER 2—STUDIES 

22 SEC. 3101. REVIEW OF ST. HELENA COMPREHENSIVE 

23 FLOOD PROTECTION PROJECT, CALIFORNIA. 

24 (a) IN GENERAL.—The Secretary shall review the 

25 project for flood control and environmental restoration at 

26 St. Helena, California, generally in accordance with En-
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1 hanced Minimum Plan A, as described in the Final Envi2 ronmental Impact Report prepared by the city of St. Hel3 ena, California, and certified by the city to be in compli4 ance with the California Environmental Quality Act on 

5 February 24, 2004. 

6 (b) COST SHARING.—Cost sharing for the project de7 scribed in subsection (a) shall be carried out in accordance 

8 with section 103 of the Water Resources Development Act 

9 of 1986 (33 U.S.C. 2213). 

10 CHAPTER 3—PROJECTS 

11 Subchapter A—Authorizations 

12 SEC. 3201. TANQUE VERDE CREEK PROJECT, PIMA COUNTY, 

13 ARIZONA. 

14 The Secretary may construct the project for flood 

15 control, bank protection, and habitat preservation and 

16 mitigation, Tanque Verde Creek, Rillito River and tribu17 taries, Pima County, Arizona, at an estimated total cost 

18 of $4,878,000, with an estimated Federal cost of 

19 $3,170,700 and an estimated non-Federal cost of 

20 $1,707,300, in accordance with the recommendations of 

21 the report of the Chief of Engineers dated July 22, 2003. 

22 SEC. 3202. HAMILTON CITY, CALIFORNIA. 

23 The Secretary may carry out the Hamilton City, Cali24 fornia project for flood damage reduction and ecosystem 

25 restoration at a total cost of $47,820,000, with an esti-
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1 mated Federal cost of $31,083,000 and estimated non2 Federal cost of $16,737,000, substantially in accordance 

3 with the plans, and subject to the conditions, rec4 ommended in a final report of the Chief of Engineers, if 

5 a favorable report of the Chief for the project is completed 

6 not later than December 31, 2004. 

7 SEC. 3203. MIDDLE CREEK, LAKE COUNTY, CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary may construct the 

9 project for flood damage reduction and ecosystem restora10 tion and participate in critical restoration projects that 

11 will produce (consistent with Federal programs, projects, 

12 and activities) immediate and substantial ecosystem res13 toration, preservation, and protection benefits in the fol14 lowing subwatersheds of the Middle Creek watershed: 

15 (1) Scott’s Creek. 

16 (2) Middle Creek. 

17 (b) ASSISTANCE.—Participation in critical restora18 tion projects under this section may include assistance for 

19 planning, design, or construction. 

20 (c) NON-FEDERAL INTERESTS.—Notwithstanding 

21 section 221 of the Flood Control Act of 1970 (42 U.S.C. 

22 1962d–5b), a nonprofit entry may serve, with the consent 

23 of the affected local government, as a non-Federal sponsor 

24 for a project carried out under this section. 

25 (d) TRUST TRANSFER.—
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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, as part of the authorization of 

3 projects under this section, on request of the gov4 erning body of the Robinson Rancheria Tribe of 

5 Pomo Indians, the Secretary of the Interior shall—

6 (A) accept the transfer from the Tribe to 

7 the Secretary of the interest of the Tribe in 2 

8 parcels of land located adjacent to Clear Lake 

9 in Lake County, California; and 

10 (B) hold the land in trust for the benefit 

11 of the Tribe. 

12 (2) RELATIONSHIP TO OTHER LAW.—Once 

13 transferred to the Secretary in trust for the benefit 

14 of the Tribe, the land shall not be subject to section 

15 20(a) of the Indian Gaming Regulatory Act (25 

16 U.S.C. 2719(a)). 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $26,000,000. 

20 SEC. 3204. INDIAN RIVER LAGOON, SOUTH FLORIDA. 

21 (a) INDIAN RIVER LAGOON.—The Secretary may 

22 carry out the project for ecosystem restoration, water sup23 ply, flood control, and protection of water quality, Indian 

24 River Lagoon, South Florida, at a total cost of 

25 $1,207,288,000, with an estimated first Federal cost of 
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•S 2554 IS 

1 $603,644,000 and an estimated first non-Federal cost of 

2 $603,644,000, in accordance with section 601 of the 

3 Water Resources Development Act of 2000 (114 Stat. 

4 2680), the project implementation report for the project, 

5 and subject to a favorable report of the Chief of Engi6 neers, if such a report is issued by the Chief not later 

7 than December 31, 2004. 

8 (b) DEAUTHORIZATIONS.—As of the date of enact9 ment of this Act—

10 (1) the C–44 Basin Storage Reservoir of the 

11 Comprehensive Everglades Restoration Plan author12 ized under section 601(b)(2)(C)(i) of the Water Re13 sources Development Act of 2000 (114 Stat. 2682) 

14 is not authorized; 

15 (2) the Martin County, Florida modifications to 

16 the Central and South Florida Project authorized by 

17 section 203 of the Flood Control Act of 1968 (82 

18 Stat. 731) are not authorized; and 

19 (3) spillway structure S–311 of the Central and 

20 South Florida Project, authorized under the East 

21 Coast Backpumping, St. Lucie–Martin County, 

22 project authorized by section 203 of the Flood Con23 trol Act of 1968 (82 Stat. 731), is not authorized.
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1 SEC. 3205. PICAYUNE STRAND ECOSYSTEM RESTORATION, 

2 COLLIER COUNTY, FLORIDA. 

3 The Secretary may carry out the project for eco4 system restoration, Southern Golden Gate Estates, Collier 

5 County, Florida, at a total cost of $362,612,000, with an 

6 estimated Federal cost of $181,306,000 and an estimated 

7 non-Federal cost of $181,306,000, in accordance with sec8 tion 601 of the Water Resources Development Act of 2000 

9 (114 Stat. 2680) and subject to a favorable report of the 

10 Chief of Engineers, if such a report is issued by the Chief 

11 not later than December 31, 2004. 

12 SEC. 3206. SWOPE PARK INDUSTRIAL AREA, MISSOURI. 

13 The Secretary may construct the project for flood 

14 damage reduction, Swope Park Industrial Area, Missouri, 

15 in accordance with the recommendations of the report of 

16 the Chief of Engineers dated December 30, 2003, at an 

17 estimated cost of $14,987,000, with an estimated Federal 

18 cost of $9,742,000 and an estimated non-Federal cost of 

19 $5,245,000. 

20 SEC. 3207. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEX21 ICO. 

22 The Secretary may carry out the project for flood 

23 damage reduction, Southwest Valley, Albuquerque, New 

24 Mexico, at a total cost of $17,500,000, with an estimated 

25 Federal cost of $11,400,000 and an estimated non-Fed26 eral cost of $6,100,000, substantially in accordance with 
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1 the plans, and subject to the conditions, recommended in 

2 a final report of the Chief of Engineers, if a final favorable 

3 report of the Chief for the project is completed not later 

4 than December 31, 2004. 

5 Subchapter B—Modifications 

6 SEC. 3211. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI. 

7 (a) IN GENERAL.—The project for flood control, St. 

8 Francis River Basin, Arkansas, and Missouri, authorized 

9 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), 

10 as modified, is further modified to authorize the Secretary 

11 to undertake out channel stabilization and sediment re12 moval measures on the St. Francis River and tributaries 

13 as an integral part of the original project. 

14 (b) NO SEPARABLE ELEMENT.—The measures car15 ried out under subsection (a) shall not be considered to 

16 be a separable element of the project. 

17 SEC. 3212. AUGUSTA AND CLARENDON, ARKANSAS. 

18 The Secretary may carry out rehabilitation of author19 ized and completed levees on the White River between Au20 gusta and Clarendon, Arkansas, at a total estimated cost 

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

22 $5,200,000 and an estimated non-Federal cost of 

23 $2,800,000. 
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1 SEC. 3213. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS 

2 AND MISSOURI. 

3 (a) IN GENERAL.—The Secretary shall convey to the 

4 State of Arkansas, without monetary consideration and 

5 subject to subsection (b), all right, title, and interest to 

6 land within the State acquired by the Federal Government 

7 as mitigation land for the project for flood control, St. 

8 Francis Basin, Arkansas and Missouri Project, authorized 

9 by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) 

10 (commonly known as the ‘‘Flood Control Act of 1928’’). 

11 (b) TERMS AND CONDITIONS.—

12 (1) IN GENERAL.—The conveyance by the 

13 United States under this section shall be subject 

14 to—

15 (A) the condition that the State of Arkan16 sas (including the successors and assigns of the 

17 State) agree to operate, maintain, and manage 

18 the land at no cost or expense to the United 

19 States and for fish and wildlife, recreation, and 

20 environmental purposes; and 

21 (B) such other terms and conditions as the 

22 Secretary determines to be in the interest of the 

23 United States. 

24 (2) REVERSION.—If the State (or a successor 

25 or assign of the State) ceases to operate, maintain, 

26 and manage the land in accordance with this sub-
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1 section, all right, title, and interest in and to the 

2 property shall revert to the United States, at the op3 tion of the Secretary. 

4 SEC. 3214. RED-OUACHITA RIVER BASIN, ARKANSAS. 

5 Section 204 of the Flood Control Act of 1950 (64 

6 Stat. 170) is amended in the matter under the heading 

7 ‘‘RED-OUACHITA RIVER BASIN’’ by inserting after ‘‘at 

8 Calion, Arkansas’’ the following: ‘‘(including authorization 

9 for the comprehensive flood-control project for Ouachita 

10 River and tributaries, incorporating in the project all flood 

11 control, drainage, and power improvements in the basin 

12 above the lower end of the left bank Ouachita River 

13 levee)’’. 

14 SEC. 3215. CACHE CREEK BASIN, CALIFORNIA. 

15 (a) IN GENERAL.—The project for flood control, 

16 Cache Creek Basin, California, authorized by section 

17 401(a) of the Water Resources Development Act of 1986 

18 (100 Stat. 4112), is modified to direct the Secretary to 

19 mitigate the impacts of the new south levee of the Cache 

20 Creek settling basin on the storm drainage system of the 

21 city of Woodland, including all appurtenant features, ero22 sion control measures, and environmental protection fea23 tures. 

24 (b) OBJECTIVES.—Mitigation under subsection (a) 

25 shall restore the pre-project capacity of the city (1,360 
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1 cubic feet per second) to release water to the Yolo Bypass, 

2 including—

3 (1) channel improvements; 

4 (2) an outlet work through the west levee of the 

5 Yolo Bypass; and 

6 (3) a new low-flow cross channel to handle city 

7 and county storm drainage and settling basin flows 

8 (1,760 cubic feet per second) when the Yolo Bypass 

9 is in a low-flow condition. 

10 SEC. 3216. LLAGAS CREEK, CALIFORNIA. 

11 The project for flood damage reduction, Llagas 

12 Creek, California, authorized by section 501(a) of the 

13 Water Resources Development Act of 1999 (113 Stat. 

14 333), is modified to authorize the Secretary to complete 

15 the project, in accordance with the requirements of local 

16 cooperation as specified in section 5 of the Watershed Pro17 tection and Flood Prevention Act (16 U.S.C. 1005), at 

18 a total remaining cost of $95,000,000, with an estimated 

19 remaining Federal cost of $55,000,000, and an estimated 

20 remaining non-Federal cost of $40,000,000. 

21 SEC. 3217. SACRAMENTO AND AMERICAN RIVERS FLOOD 

22 CONTROL, CALIFORNIA. 

23 (a) IN GENERAL.—The Secretary shall credit toward 

24 that portion of the non-Federal share of the costs of the 

25 flood damage reduction project authorized by section
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•S 2554 IS 

1 101(a)(6)(A) of the Water Resources Development Act of 

2 1999 (113 Stat. 274) that is to be paid by the Sacramento 

3 Area Flood Control Agency an amount equal to the Fed4 eral share of the flood control project authorized by sec5 tion 9159 of the Department of Defense Appropriations 

6 Act, 1993 (106 Stat. 1944). 

7 (b) FEDERAL SHARE.—In determining the Federal 

8 share of the project authorized by section 9159(b) of that 

9 Act, the Secretary shall include all audit verified costs for 

10 planning, engineering, construction, acquisition of project 

11 land, easements, rights-of-way, relocations, and environ12 mental, mitigation for all project elements that the Sec13 retary determines to be cost-effective. 

14 (c) AMOUNT CREDITED.—The amount credited shall 

15 be equal to the Federal share determined under this sec16 tion, reduced by the total of all reimbursements paid to 

17 the non-Federal sponsors for work under section 9159(b) 

18 of that Act before the date of enactment of this Act. 

19 SEC. 3218. UPPER GUADALUPE RIVER, CALIFORNIA. 

20 The project for flood damage reduction and recre21 ation, Upper Guadalupe River, California, authorized by 

22 section 101(a)(9) of the Water Resources Development 

23 Act of 1999 (113 Stat. 275), is modified to authorize the 

24 Secretary to construct the project at a total cost of 
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1 $212,100,000, with an estimated Federal cost of 

2 $98,800,000 and a non-Federal cost of $113,300,000. 

3 SEC. 3219. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

4 The project for flood damage reduction, Yuba River 

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

6 Water Resources Development Act of 1999 (113 Stat. 

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

8 the project at a total cost of $107,700,000, with an esti9 mated Federal share of $70,000,000 and a non-Federal 

10 share of $37,700,000. 

11 SEC. 3220. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO. 

12 (a) IN GENERAL.—The Secretary shall carry out ad13 ditional general construction measures to allow for oper14 ation at lower pool levels to satisfy the recreation mission 

15 at Dworshak Dam, Idaho. 

16 (b) IMPROVEMENTS.—In carrying out subsection (a), 

17 the Secretary shall provide for appropriate improvements 

18 to—

19 (1) facilities that are operated by the Corps of 

20 Engineers; and 

21 (2) facilities that, as of the date of enactment 

22 of this Act, are leased or out-granted. 

23 (c) COST SHARING.—The Secretary shall carry out 

24 this section through a cost-sharing program with Idaho 

25 State Parks and Recreation Department, with a total esti-
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1 mated project cost of $5,300,000 and an estimated Fed2 eral cost of $3,900,000. 

3 SEC. 3221. CACHE RIVER LEVEE, ILLINOIS. 

4 The Cache River Levee created for flood control at 

5 the Cache River, Illinois, and authorized under the Act 

6 of June 28, 1938 (52 Stat. 1215, chapter 795), is modi7 fied to add environmental restoration as a project purpose. 

8 SEC. 3222. MISSOURI AND ILLINOIS FLOOD PROTECTION 

9 PROJECTS RECONSTRUCTION PILOT PRO10 GRAM. 

11 (a) DEFINITION OF RECONSTRUCTION.—In this sec12 tion: 

13 (1) IN GENERAL.—The term ‘‘reconstruction’’ 

14 means any action taken to address 1 or more major 

15 deficiencies of a project caused by long-term deg16 radation of the foundation, construction materials, 

17 or engineering systems or components of the project, 

18 the results of which render the project at risk of not 

19 performing in compliance with the authorized pur20 poses of the project. 

21 (2) INCLUSIONS.—The term ‘‘reconstruction’’ 

22 includes the incorporation by the Secretary of cur23 rent design standards and efficiency improvements 

24 in a project if the incorporation does not signifi-
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1 cantly change the authorized scope, function, or pur2 pose of the project. 

3 (b) PARTICIPATION BY SECRETARY.—The Secretary 

4 may participate in the reconstruction of flood control 

5 projects within Missouri and Illinois as a pilot program 

6 if the Secretary determines that such reconstruction is not 

7 required as a result of improper operation and mainte8 nance by the non-Federal interest. 

9 (c) COST SHARING.—

10 (1) IN GENERAL.—Costs for reconstruction of a 

11 project under this section shall be shared by the Sec12 retary and the non-Federal interest in the same per13 centages as the costs of construction of the original 

14 project were shared. 

15 (2) OPERATION, MAINTENANCE, AND REPAIR

16 COSTS.—The costs of operation, maintenance, re17 pair, and rehabilitation of a project carried out 

18 under this section shall be a non-Federal responsi19 bility. 

20 (d) CRITICAL PROJECTS.—In carrying out this sec21 tion, the Secretary shall give priority to the following 

22 projects: 

23 (1) Clear Creek Drainage and Levee District, 

24 Illinois.
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1 (2) Fort Chartres and Ivy Landing Drainage 

2 District, Illinois. 

3 (3) Wood River Drainage and Levee District, 

4 Illinois. 

5 (4) City of St. Louis, Missouri. 

6 (5) Missouri River Levee Drainage District, 

7 Missouri. 

8 (e) ECONOMIC JUSTIFICATION.—Reconstruction ef9 forts and activities carried out under this section shall not 

10 require economic justification. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $50,000,000, to remain available until expended. 

14 SEC. 3223. SPUNKY BOTTOM, ILLINOIS. 

15 (a) IN GENERAL.—The project for flood control, Illi16 nois and Des Plaines River Basin, between Beardstown, 

17 Illinois, and the mouth of the Illinois River, authorized 

18 by section 5 of the Act of June 22, 1936 (49 Stat. 1583, 

19 chapter 688), is modified to authorize ecosystem restora20 tion as a project purpose. 

21 (b) MODIFICATIONS.—

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 notwithstanding the limitation on the expenditure of 

24 Federal funds to carry out project modifications in 

25 accordance with section 1135 of the Water Re-
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•S 2554 IS 

1 sources Development Act of 1986 (33 U.S.C. 

2 2309a), modifications to the project referred to in 

3 subsection (a) shall be carried out at Spunky Bot4 toms, Illinois, in accordance with subsection (a). 

5 (2) FEDERAL SHARE.—Not more than 

6 $7,500,000 in Federal funds may be expended under 

7 this section to carry out modifications to the project 

8 referred to in subsection (a). 

9 (3) POST-CONSTRUCTION MONITORING AND

10 MANAGEMENT.—Of the Federal funds expended 

11 under paragraph (2), not less than $500,000 shall 

12 remain available for a period of 5 years after the 

13 date of completion of construction of the modifica14 tions for use in carrying out post-construction moni15 toring and adaptive management. 

16 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith17 standing any modifications carried out under subsection 

18 (b), the project described in subsection (a) shall remain 

19 eligible for emergency repair assistance under section 5 

20 of the Act of August 18, 1941 (33 U.S.C. 701n), without 

21 consideration of economic justification. 

22 SEC. 3224. CUMBERLAND, MARYLAND. 

23 Section 580(a) of the Water Resources Development 

24 Act of 1999 (113 Stat. 375) is amended—
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1 (1) by striking ‘‘$15,000,000’’ and inserting 

2 ‘‘$25,750,000’’; 

3 (2) by striking ‘‘$9,750,000’’ and inserting 

4 ‘‘$16,738,000’’; and 

5 (3) by striking ‘‘$5,250,000’’ and inserting 

6 ‘‘$9,012,000’’. 

7 SEC. 3225. LAND EXCHANGE, PIKE COUNTY, MISSOURI. 

8 (a) DEFINITIONS.—In this section: 

9 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means the 2 parcels of Corps of Engineers land to11 taling approximately 42 acres, located on Buffalo Is12 land in Pike County, Missouri, and consisting of 

13 Government Tract Numbers MIs–7 and a portion of 

14 FM–46. 

15 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed16 eral land’’ means the approximately 42 acres of 

17 land, subject to any existing flowage easements, situ18 ated in Pike County, Missouri, upstream and north19 west, about 200 feet from Drake Island (also known 

20 as Grimes Island). 

21 (b) LAND EXCHANGE.—Subject to subsection (c), on 

22 conveyance by S.S.S., Inc., to the United States of all 

23 right, title, and interest in and to the non-Federal land, 

24 the Secretary shall convey to S.S.S., Inc., all right, title, 
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•S 2554 IS 

1 and interest of the United States in and to the Federal 

2 land. 

3 (c) CONDITIONS.—

4 (1) DEEDS.—

5 (A) NON-FEDERAL LAND.—The convey6 ance of the non-Federal land to the Secretary 

7 shall be by a warranty deed acceptable to the 

8 Secretary. 

9 (B) FEDERAL LAND.—The conveyance of 

10 the Federal land to S.S.S., Inc., shall be—

11 (i) by quitclaim deed; and 

12 (ii) subject to any reservations, terms, 

13 and conditions that the Secretary deter14 mines to be necessary to allow the United 

15 States to operate and maintain the Mis16 sissippi River 9–Foot Navigation Project. 

17 (C) LEGAL DESCRIPTIONS.—The Secretary 

18 shall, subject to approval of S.S.S., Inc., pro19 vide a legal description of the Federal land and 

20 non-Federal land for inclusion in the deeds re21 ferred to in subparagraphs (A) and (B). 

22 (2) REMOVAL OF IMPROVEMENTS.—

23 (A) IN GENERAL.—The Secretary may re24 quire the removal of, or S.S.S., Inc., may volun25 tarily remove, any improvements to the non-
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•S 2554 IS 

1 Federal land before the completion of the ex2 change or as a condition of the exchange. 

3 (B) NO LIABILITY.—If S.S.S., Inc., re4 moves any improvements to the non-Federal 

5 land under subparagraph (A)—

6 (i) S.S.S., Inc., shall have no claim 

7 against the United States relating to the 

8 removal; and 

9 (ii) the United States shall not incur 

10 or be liable for any cost associated with the 

11 removal or relocation of the improvements. 

12 (3) ADMINISTRATIVE COSTS.—The Secretary 

13 shall require S.S.S., Inc. to pay reasonable adminis14 trative costs associated with the exchange. 

15 (4) CASH EQUALIZATION PAYMENT.—If the ap16 praised fair market value, as determined by the Sec17 retary, of the Federal land exceeds the appraised 

18 fair market value, as determined by the Secretary, 

19 of the non-Federal land, S.S.S., Inc., shall make a 

20 cash equalization payment to the United States. 

21 (5) DEADLINE.—The land exchange under sub22 section (b) shall be completed not later than 2 years 

23 after the date of enactment of this Act.
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•S 2554 IS 

1 SEC. 3226. LAKE GIRARD LAKE DAM, OHIO. 

2 Section 507(1) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3758) is amended—

4 (1) by striking ‘‘$2,500,000’’ and inserting 

5 ‘‘$5,500,000’’; and 

6 (2) by adding before the period at the end the 

7 following: ‘‘(which repair and rehabilitation may in8 clude lowering the crest of the Dam by not more 

9 than 12.5 feet)’’. 

10 SEC. 3227. UNIVERSITY OF OREGON MUSEUM OF NATURAL 

11 HISTORY, OREGON. 

12 (a) IN GENERAL.—The Secretary shall pay not more 

13 than $2,500,000 to the provider of research and curation 

14 support previously provided to the Federal Government as 

15 a result of—

16 (1) the multipurpose project at John Day Lock 

17 and Dam, Lake Umatilla, Oregon and Washington, 

18 authorized by section 101 of the River and Harbor 

19 Act of 1950 (64 Stat. 167); and 

20 (2) the several navigation and flood damage re21 duction projects constructed on the Columbia River 

22 and Lower Willamette River, Oregon and Wash23 ington. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 

26 $2,500,000. 
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•S 2554 IS 

1 SEC. 3228. TIOGA TOWNSHIP, PENNSYLVANIA. 

2 (a) IN GENERAL.—The Secretary shall convey by 

3 quitclaim deed to Tioga Township, Pennsylvania, without 

4 consideration, all right, title, and interest in and to the 

5 parcel of real property located on the northeast end of 

6 Tract No. 226, a portion of the Tioga-Hammond Lakes 

7 Floods Control Project, Tioga County, Pennsylvania, to8 gether with any improvements on that property, in as-is 

9 condition, for public ownership and use as the site of the 

10 administrative offices and road maintenance complex for 

11 the Township. 

12 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

13 exact acreage and the legal description of the real property 

14 described in subsection (a) shall be determined by a survey 

15 that is satisfactory to the Secretary. 

16 (c) RESERVATION OF INTERESTS.—The Secretary 

17 shall reserve such rights and interests in and to the prop18 erty to be conveyed as the Secretary considers necessary 

19 to preserve the operational integrity and security of the 

20 Tioga-Hammond Lakes Flood Control Project. 

21 (d) REVERSION.—If the Secretary determines that 

22 the property conveyed under subsection (a) ceases to be 

23 held in public ownership, or to be used as a site for the 

24 Tioga Township administrative offices and road mainte25 nance complex or for related public purposes, all right, 
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•S 2554 IS 

1 title, and interest in and to the property shall revert to 

2 the United States, at the option of the United States. 

3 SEC. 3229. HARRIS FORK CREEK, TENNESSEE AND KEN4 TUCKY. 

5 Notwithstanding section 1001(b)(1) of the Water Re6 sources Development Act of 1986 (33 U.S.C. 579a), the 

7 project for flood control, Harris Fork Creek, Tennessee 

8 and Kentucky, authorized by section 102 of the Water Re9 sources Development Act of 1976 (33 U.S.C. 701c note; 

10 90 Stat. 2920) shall remain authorized to be carried out 

11 by the Secretary for a period of 7 years beginning on the 

12 date of enactment of this Act. 

13 SEC. 3230. NONCONNAH WEIR, MEMPHIS, TENNESSEE. 

14 The project for flood control, Nonconnah Creek, Ten15 nessee and Mississippi, authorized by section 401 of the 

16 Water Resources Development Act of 1986 (100 Stat. 

17 4124) and modified by the section 334 of the Water Re18 sources Development Act of 2000 (114 Stat. 2611), is 

19 modified to authorize the Secretary—

20 (1) to reconstruct, at full Federal expense, the 

21 weir originally constructed in the vicinity of the 

22 mouth of Nonconnah Creek; and 

23 (2) to make repairs and maintain the weir in 

24 the future so that the weir functions properly. 
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•S 2554 IS 

1 SEC. 3231. CONNECTICUT RIVER DAMS, VERMONT. 

2 (a) IN GENERAL.—The Secretary shall evaluate, de3 sign, and construct structural modifications at full Fed4 eral cost to the Union Village Dam (Ompompanoosuc 

5 River), North Hartland Dam (Ottauquechee River), North 

6 Springfield Dam (Black River), Ball Mountain Dam (West 

7 River), and Townshend Dam (West River), Vermont, to 

8 regulate flow and temperature to mitigate downstream im9 pacts on aquatic habitat and fisheries. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $30,000,000. 

13 SEC. 3232. DAM REMEDIATION, VERMONT. 

14 Section 543 of the Water Resources Development Act 

15 of 2000 (114 Stat. 2673) is amended—

16 (1) in subsection (a)—

17 (A) in paragraph (2), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (3), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(4) may carry out measures to restore, pro23 tect, and preserve an ecosystem affected by a dam 

24 described in subsection (b).’’; and 

25 (2) in subsection (b), by adding at the end the 

26 following: 
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•S 2554 IS 

1 ‘‘(11) Camp Wapanacki, Hardwick. 

2 ‘‘(12) Star Lake Dam, Mt. Holly. 

3 ‘‘(13) Curtis Pond, Calais. 

4 ‘‘(14) Weathersfield Reservoir, Springfield. 

5 ‘‘(15) Burr Pond, Sudbury. 

6 ‘‘(16) Maidstone Lake, Guildhall. 

7 ‘‘(17) Upper and Lower Hurricane Dam. 

8 ‘‘(18) Lake Fairlee. 

9 ‘‘(19) West Charleston Dam.’’. 

10 SEC. 3233. CHEHALIS RIVER, CENTRALIA, WASHINGTON. 

11 The project for flood control, Centralia, Washington, 

12 authorized by section 401(a) of the Water Resources De13 velopment Act of 1986 (100 Stat. 4126) is modified to 

14 be carried out at a total cost of $94,357,000, with a Fed15 eral cost of $56,467,000 and a non-Federal cost of 

16 $37,890,000, and shall be carried out by the Secretary 

17 substantially in accordance with the plans, and subject to 

18 conditions, recommended in a final report of the Chief of 

19 Engineers, if a favorable final report of the Chief is com20 pleted not later than December 31, 2004. 

21 SEC. 3234. EROSION CONTROL, PUGET ISLAND, 

22 WAHKIAKUM COUNTY, WASHINGTON. 

23 (a) IN GENERAL.—The Lower Columbia River levees 

24 and bank protection works authorized by section 204 of 

25 the Flood Control Act of 1950 (64 Stat. 178) is modified
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•S 2554 IS 

1 with regard to the Wahkiakum County diking districts No. 

2 1 and 3, but without regard to any cost ceiling authorized 

3 before the date of enactment of this Act, to direct the Sec4 retary to provide a 1-time placement of dredged material 

5 along portions of the Columbia River shoreline of Puget 

6 Island, Washington, between river miles 38 to 47, to pro7 tect economic and environmental resources in the area 

8 from further erosion. 

9 (b) COORDINATION AND COST-SHARING REQUIRE10 MENTS.—The Secretary shall carry out subsection (a)—

11 (1) in coordination with appropriate resource 

12 agencies; 

13 (2) in accordance with all applicable Federal 

14 law (including regulations); and 

15 (3) at full Federal expense. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $1,000,000. 

19 SEC. 3235. LOWER MUD RIVER, MILTON, WEST VIRGINIA. 

20 The project for flood control at Milton, West Virginia, 

21 authorized by section 580 of the Water Resources Devel22 opment Act of 1996 (110 Stat. 3790), as modified by sec23 tion 340 of the Water Resources Development Act of 2000 

24 (114 Stat. 2612), is modified to authorize the Secretary 

25 to construct the project substantially in accordance with 
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•S 2554 IS 

1 the draft report of the Corps of Engineers dated March 

2 2004, at an estimated total cost of $45,500,000, with an 

3 estimated Federal cost of $34,125,000 and an estimated 

4 non-Federal cost of $11,375,000. 

5 Subchapter C—Deauthorizations 

6 SEC. 3241. LITTLE COVE CREEK, GLENCOE, ALABAMA. 

7 The project for flood damage reduction, Little Cove 

8 Creek, Glencoe, Alabama, authorized by the Supplemental 

9 Appropriations Act, 1985 (99 Stat. 312), is not author10 ized. 

11 SEC. 3242. WINSLOW, ARIZONA. 

12 The project for flood control, Little Colorado River, 

13 Winslow, Arizona, authorized by section 204 of the Flood 

14 Control Act of 1965 (79 Stat. 1083), is not authorized. 

15 SEC. 3243. GOLETA AND VICINITY, CALIFORNIA. 

16 The project for flood control, Goleta and Vicinity, 

17 California, authorized by section 201 of the Flood Control 

18 Act of 1970 (84 Stat. 1826), is not authorized. 

19 SEC. 3244. SHINGLE CREEK BASIN, FLORIDA. 

20 The project for flood control, Central and Southern 

21 Florida Project, Shingle Creek Basin, Florida, authorized 

22 by section 203 of the Flood Control Act of 1962 (76 Stat. 

23 1182), is not authorized. 
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•S 2554 IS 

1 SEC. 3245. BREVOORT, INDIANA. 

2 The project for flood control, Brevoort, Indiana, au3 thorized under section 5 of the Flood Control Act of 1936 

4 (49 Stat. 1587), is not authorized. 

5 SEC. 3246. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA. 

6 The project for flood control, Middle Wabash, Green7 field Bayou, Indiana, authorized by section 10 of the 

8 Flood Control Act of 1946 (60 Stat. 649), is not author9 ized. 

10 SEC. 3247. LAKE GEORGE, HOBART, INDIANA. 

11 The project for flood damage reduction, Lake George, 

12 Hobart, Indiana, authorized by section 602 of the Water 

13 Resources Development Act of 1986 (100 Stat. 4148), is 

14 not authorized. 

15 SEC. 3248. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 

16 2, IOWA. 

17 The project for flood damage reduction, Green Bay 

18 Levee and Drainage District No. 2, Iowa, authorized by 

19 section 401(a) of the Water Resources Development Act 

20 of 1986 (100 Stat. 4115), deauthorized in fiscal year 

21 1991, and reauthorized by section 115(a)(1) of the Water 

22 Resources Development Act of 1992 (106 Stat. 4821), is 

23 not authorized. 

24 SEC. 3249. EAGLE CREEK LAKE, KENTUCKY. 

25 The project for flood control and water supply, Eagle 

26 Creek Lake, Kentucky, authorized by section 203 of the 
129

•S 2554 IS 

1 Flood Control Act of 1962 (76 Stat. 1188), is not author2 ized. 

3 SEC. 3250. HAZARD, KENTUCKY. 

4 The project for flood damage reduction, Hazard, 

5 Kentucky, authorized by section 3 of the Water Resources 

6 Development Act of 1988 (102 Stat. 4014) and section 

7 108 of the Water Resources Development Act of 1990 

8 (104 Stat. 4621), is not authorized. 

9 SEC. 3251. TAYLORSVILLE LAKE, KENTUCKY. 

10 The recreation portion of the project for flood control, 

11 Taylorsville Lake, Kentucky, authorized by section 203 of 

12 the Flood Control Act of 1966 (80 Stat. 1421), is not au13 thorized. 

14 SEC. 3252. WEST KENTUCKY TRIBUTARIES, KENTUCKY. 

15 The project for flood control, West Kentucky Tribu16 taries, Kentucky, authorized by section 204 of the Flood 

17 Control Act of 1965 (79 Stat. 1081), section 201 of the 

18 Flood Control Act of 1970 (84 Stat. 1825), and section 

19 401(b) of the Water Resources Development Act of 1986 

20 (100 Stat. 4129), is not authorized. 

21 SEC. 3253. BAYOU COCODRIE AND TRIBUTARIES, LOU22 ISIANA. 

23 The project for flood damage reduction, Bayou 

24 Cocodrie and Tributaries, Louisiana, authorized by section 

25 3 of the of the Act entitled ‘‘An Act authorizing the con-
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•S 2554 IS 

1 struction of certain public works on rivers and harbors for 

2 flood control, and for other purposes’’, approved August 

3 18, 1941 (55 Stat. 644), and section 1(a) of the Water 

4 Resources Development Act of 1974 (88 Stat. 12), is not 

5 authorized. 

6 SEC. 3254. EASTERN RAPIDES AND SOUTH-CENTRAL 

7 AVOYELLES PARISHES, LOUISIANA. 

8 The project for flood control, Eastern Rapides and 

9 South-Central Avoyelles Parishes, Louisiana, authorized 

10 by section 201 of the Flood Control Act of 1970 (84 Stat. 

11 1825), is not authorized. 

12 SEC. 3255. PLATTE RIVER FLOOD AND RELATED 

13 STREAMBANK EROSION CONTROL, NE14 BRASKA. 

15 The project for flood damage reduction, Platte River 

16 Flood and Related Streambank Erosion Control, Ne17 braska, authorized by section 603 of the Water Resources 

18 Development Act of 1986 (100 Stat. 4149), is not author19 ized. 

20 SEC. 3256. SUGAR CREEK BASIN, NORTH CAROLINA AND 

21 SOUTH CAROLINA. 

22 The project for flood damage reduction, Sugar Creek 

23 Basin, North Carolina and South Carolina, authorized by 

24 section 401(a) of the Water Resources Development Act 

25 of 1986 (100 Stat. 4121), is not authorized.
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•S 2554 IS 

1 SEC. 3257. HOCKING RIVER, LOGAN, OHIO. 

2 The project for flood damage reduction, Hocking 

3 River, Logan, Ohio, authorized by section 401(a) of the 

4 Water Resources Development Act of 1986 (100 Stat. 

5 4122), is not authorized. 

6 SEC. 3258. FAIRFIELD, OHIO. 

7 The project for flood control and recreation, Fair8 field, Ohio, authorized by section 401(a) of the Water Re9 sources Development Act of 1986 (100 Stat. 4122), is not 

10 authorized. 

11 SEC. 3259. PARKER LAKE, MUDDY BOGGY CREEK, OKLA12 HOMA. 

13 The project for flood control and water supply, 

14 Parker Lake, Muddy Boggy Creek, Oklahoma, authorized 

15 by section 401(a) of the Water Resources Development 

16 Act of 1986 (100 Stat. 4123), is not authorized. 

17 SEC. 3260. CHARTIERS CREEK, CANNONSBURG (HOUSTON 

18 REACH UNIT 2B), PENNSYLVANIA. 

19 The project for flood control, Chartiers Creek, 

20 Cannonsburg (Houston Reach Unit 2B), Pennsylvania, 

21 authorized by section 204 of the Flood Control Act of 

22 1965 (79 Stat. 1081), is not authorized. 

23 SEC. 3261. TIOGA-HAMMOND LAKES, PENNSYLVANIA. 

24 The project for flood control and recreation, Tioga25 Hammond Lakes, Mill Creek Recreation, Pennsylvania, 
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•S 2554 IS 

1 authorized by section 203 of the Flood Control Act of 

2 1958 (72 Stat. 313), is not authorized. 

3 SEC. 3262. TAMAQUA, PENNSYLVANIA. 

4 The project for flood control, Tamaqua, Pennsyl5 vania, authorized by section 1(a) of the Water Resources 

6 Development Act of 1974 (88 Stat. 14), is not authorized. 

7 SEC. 3263. ARROYO COLORADO, TEXAS. 

8 The project for flood damage reduction, Arroyo Colo9 rado, Texas, authorized by section 401(a) of the Water 

10 Resources Development Act of 1986 (100 Stat. 4125), is 

11 not authorized. 

12 SEC. 3264. CYPRESS CREEK-STRUCTURAL, TEXAS. 

13 The project for flood damage reduction, Cypress 

14 Creek-Structural, Texas, authorized by section 3(a)(13) of 

15 the Water Resources Development Act of 1988 (102 Stat. 

16 4014), is not authorized. 

17 SEC. 3265. EAST FORK CHANNEL IMPROVEMENT, INCRE18 MENT 2, EAST FORK OF THE TRINITY RIVER, 

19 TEXAS. 

20 The project for flood damage reduction, East Fork 

21 Channel Improvement, Increment 2, East Fork of the 

22 Trinity River, Texas, authorized by section 203 of the 

23 Flood Control Act of 1962 (76 Stat. 1185), is not author24 ized. 
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•S 2554 IS 

1 SEC. 3266. FALFURRIAS, TEXAS. 

2 The project for flood damage reduction, Falfurrias, 

3 Texas, authorized by section 3(a)(14) of the Water Re4 sources Development Act of 1988 (102 Stat. 4014), is not 

5 authorized. 

6 SEC. 3267. PECAN BAYOU LAKE, TEXAS. 

7 The project for flood control, Pecan Bayou Lake, 

8 Texas, authorized by section 203 of the Flood Control Act 

9 of 1968 (82 Stat. 742), is not authorized. 

10 SEC. 3268. CABIN CREEK, WEST VIRGINIA. 

11 The project for flood control, Cabin Creek, West Vir12 ginia, authorized by section 601(a) of the Water Resources 

13 Development Act of 1986 (100 Stat. 4146), is not author14 ized. 

15 SEC. 3269. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA. 

16 The project for bank erosion, Kanawha River, 

17 Charleston, West Virginia, authorized by section 

18 603(f)(13) of the Water Resources Development Act of 

19 1986 (100 Stat. 4153), is not authorized. 

20 Subtitle B—Coastal Storm Damage 

21 Reduction 

22 CHAPTER 1—GENERAL PROVISIONS 

23 SEC. 3301. SHORE PROTECTION AND BEACH RENOURISH24 MENT PROJECTS. 

25 (a) REVISION OF PLANNING GUIDELINES, REGULA26 TIONS AND CIRCULARS FOR BEACH RENOURISHMENT
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•S 2554 IS 

1 PROJECTS.—Not later than 18 months after the date of 

2 enactment of this Act, the Secretary, in collaboration with 

3 the advisory committee established under subsection (c), 

4 shall revise the planning guidelines, regulations, and circu5 lars of the Corps of Engineers for the consideration and 

6 construction of beach replenishment projects involving 

7 large dredge and fill activities. 

8 (b) REQUIREMENTS.—Planning regulations of the 

9 Corps of Engineers that are revised under subsection (a) 

10 shall—

11 (1) ensure, to the maximum extent practicable, 

12 that beach replenishment projects do not harm reefs 

13 or other habitats identified as essential fish habitat 

14 or habitat areas of particular concern under the Sus15 tainable Fisheries Act (16 U.S.C. 1801 et seq.); 

16 (2) require the consideration of nonstructural 

17 alternatives to large dredge and fill activities, includ18 ing sand bypass systems, relocation, and elevation; 

19 (3) establish standards for the timing of beach 

20 replenishment projects that are designed to avoid, 

21 and subsequently minimize, impacts to wildlife and 

22 habitat quality; 

23 (4) establish standards that ensure that sand 

24 deposited on replenished beaches features compatible 
135

•S 2554 IS 

1 grain size, shell content, and other geological charac2 teristics of a natural beach; 

3 (5) ensure that those standards are not lowered 

4 as the availability of compatible sand decreases; 

5 (6) require long-term monitoring of turbidity to 

6 quantify the impacts to primary production in areas 

7 with coral reefs, and secondary production in areas 

8 with game fish; 

9 (7) establish buffer distances between dredge 

10 sites and reefs that are sufficient to eliminate fur11 ther reef damage from operator or design failures; 

12 (8) develop programmatic environmental impact 

13 statements to establish standards for coastal regions 

14 subject to continuous levels of large dredge and fill 

15 activity; 

16 (9) revise public notice and comment proce17 dures to ensure adequate time for interagency and 

18 public comments, including the comments of Federal 

19 fishery management councils; and 

20 (10) establish a standardized interagency data21 base that collects, distributes, and archives funda22 mental pre- and post-project information to guide 

23 future planning and management. 

24 (c) ADVISORY COMMITTEE.—
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•S 2554 IS 

1 (1) ESTABLISHMENT.—To develop the guide2 lines, regulations, and circulars required under sub3 section (a), the Secretary shall establish an advisory 

4 committee of biologists, engineers, geologists, and 

5 other experts with independent scientific and tech6 nical expertise relating to the environmental impacts 

7 of beach replenishment projects and potential alter8 natives. 

9 (2) APPLICABILITY OF FACA.—The Federal Ad10 visory Committee Act (5 U.S.C. App.) shall apply to 

11 the advisory committee established under this sec12 tion. 

13 (d) NOTICE AND COMMENT.—The Secretary shall 

14 comply with the notice and comment provisions of chapter 

15 551 of title 5, United States Code, in issuing revised plan16 ning regulations, guidelines, and circulars. 

17 (e) APPLICABILITY.—On completion of the revisions 

18 required under this section, the Secretary shall apply the 

19 revised regulations to projects for which a draft feasibility 

20 study or draft reevaluation report has not yet been issued. 

21 SEC. 3302. REGIONAL SEDIMENT MANAGEMENT. 

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

23 Development Act of 1992 (33 U.S.C. 2326) is amended—

24 (1) by striking subsection (a) and inserting the 

25 following: 
137

•S 2554 IS 

1 ‘‘(a) IN GENERAL.—In connection with dredging for 

2 construction, operation, or maintenance by the Secretary 

3 of an authorized navigation project, the Secretary may 

4 carry out projects for—

5 ‘‘(1) the protection, restoration, and creation of 

6 aquatic and ecologically related habitats, including 

7 wetland; and 

8 ‘‘(2) the transport and placement of suitable 

9 dredged material at locations identified in the plan 

10 prepared under subsection (e), or identified jointly 

11 by the non-Federal interest and the Secretary, for 

12 use in the construction, repair, or rehabilitation of 

13 projects associated with navigation, flood damage re14 duction, hydroelectric power, municipal and indus15 trial water supply, agricultural water supply, recre16 ation, hurricane and storm damage reduction, aquat17 ic plant control, and environmental protection and 

18 restoration.’’; 

19 (2) in subsection (b)—

20 (A) by striking ‘‘for the protection, res21 toration or creation of aquatic and ecologically 

22 related habitats’’ and inserting ‘‘undertaken 

23 under subsection (a)’’; 

24 (B) in paragraph (1), by striking ‘‘and’’ at 

25 the end; 
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•S 2554 IS 

1 (C) in paragraph (2), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (D) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) the project complies with all applicable 

6 Federal, State, and local laws.’’; 

7 (3) in subsection (c), by striking ‘‘to—’’ and all 

8 that follows through ‘‘(2) pay’’ and insert ‘‘pay’’; 

9 (4) in subsection (d), by striking ‘‘for the pro10 tection, restoration, and creation of aquatic and eco11 logically related habitats’’; 

12 (5) by redesignating subsections (e), (f), and 

13 (g) as subsections (g), (i), and (h), respectively; 

14 (6) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) REGIONAL SEDIMENT MANAGEMENT PLANS.—

17 ‘‘(1) IN GENERAL.—In consultation and co18 operation with the appropriate Federal, State, and 

19 regional agencies, the Secretary shall develop plans 

20 for regional management of sediment dredged in 

21 conjunction with construction, operation, and main22 tenance of navigation projects, including potential 

23 beneficial uses for projects described in subsection 

24 (a). 
139

•S 2554 IS 

1 ‘‘(2) COSTS.—The costs of developing a plan 

2 under paragraph (1) shall be paid by the Secretary. 

3 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 

4 the Secretary shall give priority to regional sediment man5 agement projects in the vicinity of—

6 ‘‘(1) Fire Island Inlet, Suffolk County, New 

7 York; and 

8 ‘‘(2) Fletcher Cove, California.’’; and 

9 (7) in subsection (i) (as redesignated by para10 graph (5)), by striking ‘‘$15,000,000’’ and inserting 

11 ‘‘$30,000,000’’. 

12 (b) REPEAL.—

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

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

15 426j) is repealed. 

16 (2) EFFECT.—The repeal made by paragraph 

17 (1) shall not affect the authority of the Secretary to 

18 complete any project being carried out under that 

19 section on the day before the date of enactment of 

20 this Act. 

21 SEC. 3303. AMERICA’S WETLAND—COASTAL LOUISIANA 

22 ECOSYSTEM PROTECTION AND RESTORA23 TION. 

24 (a) COASTAL LOUISIANA ECOSYSTEM RESTORATION

25 AND PROTECTION TASK FORCE.—
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•S 2554 IS 

1 (1) ESTABLISHMENT.—There is established the 

2 Coastal Louisiana Ecosystem Protection and Res3 toration Task Force (referred to in this section as 

4 the ‘‘Task Force’’), which shall consist of the fol5 lowing members or their designees (at the level of 

6 Assistant Secretary or an equivalent): 

7 (A) The Secretary, who shall serve as 

8 chairperson. 

9 (B) The Secretary of the Interior. 

10 (C) The Secretary of Commerce. 

11 (D) The Administrator of the Environ12 mental Protection Agency. 

13 (E) The Secretary of Agriculture. 

14 (F) The Secretary of Transportation. 

15 (G) The Secretary of Energy. 

16 (H) The Secretary of Homeland Security. 

17 (I) The Governor of the State of Lou18 isiana. 

19 (2) DUTIES.—The Task Force shall make rec20 ommendations to the Secretary of the Army regard21 ing—

22 (A) policies, strategies, plans, programs, 

23 projects, and activities for addressing conserva24 tion, protection, restoration, and maintenance 

25 of the coastal Louisiana ecosystem; 
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•S 2554 IS 

1 (B) financial plans for each of the agencies 

2 represented on the Task Force for funds pro3 posed for the conservation, protection, restora4 tion, and maintenance of the coastal Louisiana 

5 ecosystem, including—

6 (i) recommendations that identify 

7 funds from current agency missions and 

8 budgets; and 

9 (ii) recommendations for coordinating 

10 individual agency budget requests; and 

11 (C) submission to Congress of a biennial 

12 report that summarizes the activities of the 

13 Task Force. 

14 (3) PROCEDURES AND ADVICE.—The Task 

15 Force shall—

16 (A) implement procedures to facilitate pub17 lic participation with regard to Task Force ac18 tivities, including—

19 (i) providing advance notice of meet20 ings; 

21 (ii) providing adequate opportunity 

22 for public input and comment; 

23 (iii) maintaining appropriate records; 

24 and
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1 (iv) making a record of proceedings 

2 available for public inspection; and 

3 (B) establish such working groups as are 

4 necessary to assist the Task Force in its duties. 

5 (4) COMPENSATION.—No member of the Task 

6 Force or any associated working group shall receive 

7 compensation for services provided as a member of 

8 the Task Force or working group. 

9 (5) TRAVEL EXPENSES.—Travel expenses in10 curred by a member of the Task Force, or a member 

11 of a working group, in the performance of services 

12 for the Task Force shall be paid by the agency or 

13 entity that the member represents. 

14 (b) COMPREHENSIVE PLAN.—

15 (1) IN GENERAL.—The Secretary of the Army 

16 shall, in cooperation with the non-Federal sponsor, 

17 develop a comprehensive plan for the conservation, 

18 protection, restoration, and maintenance of the 

19 coastal Louisiana ecosystem. 

20 (2) ADDITIONAL STUDIES, PROJECTS, AND PRO21 GRAMS.—In addition to the studies, projects, and 

22 programs developed under subsections (c) and (d), 

23 the comprehensive plan may include such additional 

24 studies, projects, and programs as the Secretary of 

25 the Army determines to be necessary for the con-
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1 servation, protection, restoration, and maintenance 

2 of the coastal Louisiana ecosystem. 

3 (3) FEATURES.—The comprehensive plan shall 

4 include such features as are necessary to restore the 

5 coastal Louisiana ecosystem by improving wetland 

6 sustainability, habitat suitability, and water quality. 

7 (4) SUBMISSION TO CONGRESS.—Not later than 

8 July 1, 2008, the Secretary of the Army shall sub9 mit to Congress the comprehensive plan. 

10 (c) INVESTIGATIONS.—

11 (1) IN GENERAL.—The Secretary of the Army 

12 shall initiate feasibility studies in accordance with 

13 the Report of the Chief of Engineers on the Lou14 isiana Coastal Area Ecosystem Restoration Study. 

15 (2) MISSISSIPPI RIVER GULF OUTLET.—The 

16 Secretary of the Army shall develop a plan for modi17 fication of the Mississippi River Gulf outlet that will 

18 address navigation interests, environmental restora19 tion, and threats to life and property. 

20 (3) EXISTING FEDERALLY-AUTHORIZED WATER

21 RESOURCES PROJECTS.—

22 (A) IN GENERAL.—The Secretary of the 

23 Army shall reevaluate existing Federally-au24 thorized water resource projects in the coastal 

25 Louisiana ecosystem in order to determine 
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1 whether the projects have the potential to con2 tribute to ecosystem restoration through revised 

3 operations or modified project features. 

4 (B) NECESSARY REVISIONS.—If the Sec5 retary of the Army determines that revision of 

6 operations or modification of project features 

7 for existing Federally-authorized water re8 sources projects is necessary, those changes 

9 shall be implemented through post-authoriza10 tion changes by the Secretary or reauthoriza11 tion by Congress, as appropriate. 

12 (d) CONSTRUCTION.—

13 (1) COASTAL LOUISIANA ECOSYSTEM SCIENCE

14 AND TECHNOLOGY PROGRAM.—

15 (A) IN GENERAL.—There is established a 

16 Coastal Louisiana Ecosystem Science and Tech17 nology Program with an authorization of not to 

18 exceed a total of $100,000,000. 

19 (B) DIRECTOR.—

20 (i) IN GENERAL.—Office of the Direc21 tor of the Coastal Louisiana Science and 

22 Technology Program shall be established 

23 by the Secretary of the Army. 
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1 (ii) RECOMMENDATIONS.—The Direc2 tor shall provide recommendations to the 

3 Secretary of the Army regarding—

4 (I) development of an annual 

5 program to identify and address 

6 science and technology needs to sup7 port implementation of the Coastal 

8 Louisiana Ecosystem Science and 

9 Technology Program; and 

10 (II) direction and oversight of the 

11 implementation of the annual program 

12 developed in subclause (I) by using 

13 the research capabilities of Federal 

14 and State agencies and academic in15 stitutions. 

16 (C) DUTIES.—Duties of Program shall in17 clude—

18 (i) assess the effects of coastal res19 toration measures; 

20 (ii) develop improved ecosystem, hy21 drologic, and economic modeling capabili22 ties for improved predictions of coastal 

23 conditions concerning habitat changes, 

24 land and wetland loss, storm surges, and 

25 economic impacts; 
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1 (iii) developing new technologies for 

2 ecosystem restoration activities; 

3 (iv) provide scientific peer review of 

4 program and project outputs; 

5 (v) make recommendations to improve 

6 program and project performance; 

7 (vi) identify and address socio8 economic consequences of coastal land loss 

9 and restoration activities; and 

10 (vii) ensure the application of adaptive 

11 management principles and practices. 

12 (D) WORKING GROUPS.—The Director 

13 may establish such working groups as are nec14 essary to assist in the duties of the Program. 

15 (2) DEMONSTRATION PROJECTS.—

16 (A) IN GENERAL.—Subject to subpara17 graphs (B) and (C), the Secretary of the Army 

18 may conduct projects for the purpose of resolv19 ing critical areas of scientific or technological 

20 uncertainty relating to the implementation of 

21 the Louisiana Coastal Area Ecosystem Restora22 tion Plan. 

23 (B) TOTAL COST.—The total cost for all 

24 demonstration projects conducted under this 

25 subsection shall not exceed $175,000,000. 
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1 (C) REVIEW AND APPROVAL.—No dem2 onstration project may be carried out under 

3 this subsection without the review and approval 

4 of the Secretary. 

5 (3) PROGRAMMATIC AUTHORITY.—

6 (A) IN GENERAL.—Subject to the approval 

7 of the Secretary of the Army, projects for con8 servation, protection, restoration, and mainte9 nance of the coastal Louisiana ecosystem rec10 ommended in the Report of the Chief of Engi11 neers are authorized for construction. 

12 (B) TOTAL COST.—The total cost of 

13 projects carried out under this subsection shall 

14 not exceed $775,000,000. 

15 (C) FUNDS.—There is authorized to be ap16 propriated such sums as are necessary to carry 

17 out this paragraph. 

18 (4) INCREASED BENEFICIAL USE OF DREDGED

19 MATERIAL.—The Secretary of the Army shall imple20 ment a program for the beneficial use of material 

21 dredged from federally maintained waterways in the 

22 Louisiana Coastal Area with an authorization of not 

23 to exceed a total of $100,000,000. 

24 (e) COST SHARING.—
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1 (1) IN GENERAL.—The non-Federal sponsor 

2 share of the cost of implementing a project under 

3 this section (including operations, maintenance, 

4 monitoring, repair, replacement, and rehabilitation 

5 of projects) shall be 25 percent. 

6 (2) FORM.—After the obligations of the non7 Federal sponsor to provide all land, easements, 

8 rights-of-way, relocations, and disposal areas are ful9 filled, the non-Federal sponsor may provide the bal10 ance of the non-Federal share through the provision 

11 of services, materials, and other in-kind services that 

12 the Secretary determines to be integral to the pro13 gram. 

14 (3) CREDIT.—

15 (A) IN GENERAL.—The fair market value 

16 of land or interests in land and incidental costs 

17 for land acquired or provided by the non-Fed18 eral sponsor in accordance with decision docu19 ments for any project implemented under sub20 section (d) shall be—

21 (i) included in the total cost of the 

22 project; and 

23 (ii) credited toward the non-Federal 

24 share of the cost of the project. 
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1 (B) SERVICES, MATERIALS, AND OTHER

2 IN-KIND SERVICES.—The Secretary of the Army 

3 may provide credit (including in-kind credit) to4 ward the non-Federal share for the reasonable 

5 cost of any work performed in connection with 

6 implementation of subsection (d) that is nec7 essary for the implementation of subsection (d) 

8 if—

9 (i) the work is defined in an agree10 ment between the Secretary of the Army 

11 and the non-Federal sponsor; 

12 (ii) the governing agreement pre13 scribes the terms and conditions of the 

14 credit; and 

15 (iii) the Secretary of the Army deter16 mines that the work performed by the non17 Federal sponsor is integral to the program. 

18 (C) TREATMENT OF CREDIT BETWEEN

19 PROGRAM ELEMENTS.—Any credit provided 

20 under this paragraph may be carried over be21 tween authorized program elements in accord22 ance with subparagraph (D). 

23 (D) PERIODIC MONITORING.—

24 (i) IN GENERAL.—To ensure that the 

25 contributions of the non-Federal sponsor 
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1 equal its 25 percent proportionate share 

2 for program elements, during each 5-year 

3 period, beginning with commencement of 

4 program implementation, the Secretary of 

5 the Army shall, for each program ele6 ment—

7 (I) monitor the non-Federal pro8 vision of cash, services, materials, and 

9 other in-kind services, and land, ease10 ments, rights-of-way, relocations, and 

11 disposal areas; and 

12 (II) manage, to the extent prac13 ticable, the requirement of the non14 Federal sponsor to provide cash, serv15 ices, materials, and other in-kind serv16 ices, and land, easements, rights-of17 way, relocations, and disposal areas. 

18 (ii) OTHER MONITORING.—

19 (I) IN GENERAL.—The Secretary 

20 of the Army shall conduct monitoring 

21 under clause (i) separately for the 

22 construction phase and the 

23 preconstruction engineering and de24 sign phase. 
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1 (II) PRECONSTRUCTION ENGI2 NEERING AND DESIGN PHASE.—The 

3 monitoring for the preconstruction en4 gineering and design phase shall in5 clude activities relating to the Coastal 

6 Louisiana Ecosystem Science and 

7 Technology Program. 

8 (E) AUDITS.—Credit for land, easements, 

9 rights-of-way, relocations, and disposal areas 

10 (including land value and incidental costs) or 

11 work provided under this subsection shall be 

12 subject to audit by the Secretary of the Army. 

13 (f) PROJECT JUSTIFICATION.—

14 (1) IN GENERAL.—Notwithstanding section 209 

15 of the Flood Control Act of 1970 (42 U.S.C. 1962–

16 2) or any other provision of law, in carrying out any 

17 activity authorized under this section or any other 

18 provision of law to conserve, protect, restore, or 

19 maintain the coastal Louisiana ecosystem, the Sec20 retary of the Army may determine that—

21 (A) the activity is justified by the environ22 mental benefits derived by the coastal Louisiana 

23 ecosystem; and 

24 (B) no further economic justification for 

25 the activity is required, if the Secretary of the 
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1 Army determines that the activity is cost-effec2 tive. 

3 (2) APPLICABILITY.—Paragraph (1) shall not 

4 apply to any separable element intended to produce 

5 benefits that are predominantly unrelated to the 

6 conservation, protection, restoration, or maintenance 

7 of the natural system. 

8 (g) CONSISTENCY.—In implementing, maintaining, 

9 modifying, or rehabilitating Federally-authorized water re10 sources projects in the coastal Louisiana ecosystem, the 

11 Secretary of the Army shall ensure that such actions are 

12 consistent with the purposes of plans, projects, and pro13 grams developed and implemented pursuant to this sec14 tion. 

15 (h) APPLICATION OF THE FEDERAL ADVISORY COM16 MITTEE ACT.—

17 (1) TASK FORCE.—The Task Force and any 

18 working groups associated with the Task Force shall 

19 not be considered advisory committees under the 

20 Federal Advisory Committee Act (5 U.S.C. App.). 

21 (2) PROGRAM.—The Coastal Louisiana Eco22 system Science and Technology Program and any 

23 boards, committees, or working groups associated 

24 with the Program shall not be considered advisory 
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1 committees under the Federal Advisory Committee 

2 Act (5 U.S.C. App.). 

3 CHAPTER 2—STUDIES 

4 SEC. 3311. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL 

5 STUDY. 

6 Section 414 of the Water Resources Development Act 

7 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 

8 months’’ and inserting ‘‘44 months’’. 

9 SEC. 3312. COASTAL WETLAND CONSERVATION PROJECT 

10 FUNDING. 

11 (a) FUNDING.—Section 306 of the Coastal Wetlands 

12 Planning, Protection, and Restoration Act (16 U.S.C. 

13 3955) is amended—

14 (1) in subsection (a), by striking ‘‘, not to ex15 ceed $70,000,000,’’; 

16 (2) in subsection (b), by striking ‘‘, not to ex17 ceed $15,000,000’’; and 

18 (3) in subsection (c), by striking ‘‘, not to ex19 ceed $15,000,000,’’. 

20 (b) PERIOD OF AUTHORIZATION.—Section 4(a) of 

21 the Dingell-Johnson Sport Fish Restoration Act (16 

22 U.S.C. 777c(a)) is amended in the second sentence by 

23 striking ‘‘2009’’ and inserting ‘‘2019’’.
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1 CHAPTER 3—PROJECTS 

2 Subchapter A—Authorizations 

3 SEC. 3321. MORGANZA, LOUISIANA TO THE GULF OF MEX4 ICO. 

5 (a) IN GENERAL.—The Secretary may carry out the 

6 project for hurricane and storm damage reduction, 

7 Morganza, Louisiana, to the Gulf of Mexico, including 

8 Reach J as referred to in section 158 of Public Law 108–

9 137 (117 Stat. 1846), substantially in accordance with the 

10 Report of the Chief of Engineers dated August 23, 2002, 

11 as supplemented by the Report of the Chief of Engineers 

12 dated July 22, 2003, at a total cost of $719,000,000, with 

13 an estimated Federal cost of $467,000,000 and non-Fed14 eral cost of $252,000,000. 

15 (b) OPERATION AND MAINTENANCE.—The Federal 

16 Government shall be responsible for operation and mainte17 nance and repair, replacement, and rehabilitation of the 

18 Gulf Intracoastal Waterway floodgates and the lock, flood19 gate, and associated structures on the Houma Navigation 

20 Canal. 

21 SEC. 3322. NEW JERSEY SHORE PROTECTION, MANASQUAN 

22 INLET TO BARNEGAT INLET, NEW JERSEY. 

23 (a) IN GENERAL.—The Secretary may carry out the 

24 project for shore protection and hurricane and storm dam25 age reduction, Manasquan Inlet to Barnegat Inlet, New 
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1 Jersey: Report of the Engineers dated December 30, 

2 2003, at a total initial cost of $62,377,000, with an esti3 mated Federal cost of $40,546,000 and an estimated non4 Federal cost of $21,831,000, and with an estimated aver5 age annual cost of $1,911,000 for periodic nourishment 

6 over a period of 50 years, which shall be undertaken at 

7 intervals not to exceed 4 years. 

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

9 of the cost of the periodic nourishment shall be 50 percent. 

10 SEC. 3323. SOUTH RIVER, NEW JERSEY. 

11 The Secretary is authorized to carry out the project 

12 for hurricane and storm damage reduction and environ13 mental restoration, South River, New Jersey: Report of 

14 the Chief of Engineers, dated July 22, 2003, at a total 

15 cost of $105,437,000, with an estimated Federal cost of 

16 $68,534,000 and an estimated non-Federal cost of 

17 $36,903,000. 

18 SEC. 3324. MONTAUK POINT, NEW YORK. 

19 If a favorable final report of the Chief of Engineers 

20 for the project is completed not later than December 31, 

21 2004, the Secretary may carry out a project for hurricane 

22 and storm damage reduction, Montauk Point, Suffolk 

23 County, New York—
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1 (1) substantially in accordance with the plans, 

2 and subject to the conditions, recommended in the 

3 final report of the Chief of Engineers; and 

4 (2) at a total cost of $12,000,000, with an esti5 mated Federal cost of $7,800,000 and an estimated 

6 non-Federal cost of $4,200,000. 

7 Subchapter B—Modifications 

8 SEC. 3331. NATIONAL SHORELINE EROSION CONTROL DE9 VELOPMENT AND DEMONSTRATION PRO10 GRAM. 

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

12 Act of August 13, 1946 (33 U.S.C. 426h(a)), is amended 

13 by striking ‘‘6 years’’ and inserting ‘‘10 years’’. 

14 (b) EXTENSION OF PLANNING, DESIGN, AND CON15 STRUCTION PHASE.—Section 5(b)(1)(A) of the Act of Au16 gust 13, 1946 (33 U.S.C. 426h(b)(1)(A)) is amended by 

17 striking ‘‘3 years’’ and inserting ‘‘6 years’’. 

18 SEC. 3332. IMPERIAL BEACH, CALIFORNIA. 

19 The project for beach erosion, San Diego County, 

20 California, authorized by section 101 of the River and 

21 Harbor Act of 1958 (72 Stat. 300), is modified to author22 ize the Secretary to carry out the project substantially in 

23 accordance with the Report of the Chief of Engineers for 

24 Silver Shoreline, Imperial Beach, California, dated Decem25 ber 30, 2003, at a total cost of $48,264,000, with an esti-
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1 mated Federal cost of $25,759,000 and an estimated non2 Federal cost of $22,505,000. 

3 SEC. 3333. ORCHARD BEACH, BRONX, NEW YORK. 

4 Section 554 of the Water Resources Development Act 

5 of 1996 (110 Stat. 3781) is amended by striking 

6 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’. 

7 Subchapter C—Deauthorizations 

8 SEC. 3341. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU9 ISIANA. 

10 The project for erosion protection and recreation, 

11 Fort Livingston, Grande Terre Island, Louisiana, author12 ized by the Act of August 13, 1946 (33 U.S.C. 426e et 

13 seq.), is not authorized. 

14 SEC. 3342. MAUMEE BAY, LAKE ERIE, OHIO. 

15 The project for shoreline protection, Maumee Bay, 

16 Lake Erie, Ohio, authorized by section 501(a) of the 

17 Water Resources Development Act of 1986 (100 Stat. 

18 4135), is not authorized.
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1 TITLE IV—ECOSYSTEM RES2 TORATION AND ENVIRON3 MENTAL REMEDIATION PRO4 GRAM 

5 Subtitle A—Ecosystem Restoration 

6 CHAPTER 1—GENERAL PROVISIONS 

7 SEC. 4001. STATEMENT OF POLICY. 

8 (a) IN GENERAL.—The environment has been a pri9 ority of the Civil Works Program since the passage of the 

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

11 4321 et seq.). 

12 (b) PROGRAM.—The program under this title—

13 (1) emphasizes—

14 (A) environmental protection; 

15 (B) restoration and management through 

16 stewardship; 

17 (C) ecosystem restoration; 

18 (D) mitigation; 

19 (E) environmental compliance; 

20 (F) reclamation of abandoned mines; and 

21 (G) research and development activities; 

22 and 

23 (2) includes—

24 (A) cleaning up former military sites;
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1 (B) land contaminated with nuclear waste; 

2 and 

3 (C) hazardous waste sites. 

4 SEC. 4002. ECOSYSTEM RESTORATION BENEFITS. 

5 For the following projects, the Corps of Engineers 

6 shall include ecosystem restoration benefits in the calcula7 tion of benefits for the project: 

8 (1) Grayson’s Creek, California. 

9 (2) Seven Oaks, California. 

10 (3) Oxford, California. 

11 (4) Walnut Creek, California. 

12 (5) Wildcat Phase II, California. 

13 CHAPTER 2—CONTINUING AUTHORITIES 

14 PROGRAMS 

15 SEC. 4101. CHICAGO SANITARY AND SHIP CANAL DIS16 PERSAL BARRIERS PROJECT, ILLINOIS. 

17 (a) EXISTING BARRIER.—The Secretary shall up18 grade and make permanent, at full Federal expense, the 

19 existing Chicago Sanitary and Ship Canal Dispersal Bar20 rier Chicago, Illinois, constructed as a demonstration 

21 project under section 1202(i)(3) of the Nonindigenous 

22 Aquatic Nuisance Prevention and Control Act of 1990 (16 

23 U.S.C. 4722(i)(3)). 

24 (b) NEW BARRIER.—Notwithstanding the project co25 operation agreement dated November 21, 2003, with the 
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1 State of Illinois, the Secretary shall construct, at full Fed2 eral expense, the Chicago Sanitary and Ship Canal Dis3 persal Barrier currently being implemented under section 

4 1135 of the Water Resources Development Act of 1986 

5 (33 U.S.C. 2309a). 

6 (c) OPERATION AND MAINTENANCE.—The Chicago 

7 Sanitary and Ship Canal Dispersal Barriers described in 

8 subsections (a) and (b) shall be operated and maintained, 

9 at full Federal expense, as a system in a manner to opti10 mize effectiveness. 

11 SEC. 4102. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 

12 RESTORATION, NEW HAMPSHIRE AND 

13 VERMONT. 

14 (a) GENERAL MANAGEMENT PLAN DEVELOP15 MENT.—

16 (1) The Secretary, in cooperation with the Sec17 retary of Agriculture and in consultation with the 

18 States of Vermont and New Hampshire and the 

19 Connecticut River Joint Commission, shall conduct a 

20 study and develop a general management plan for 

21 ecosystem restoration of the Upper Connecticut 

22 River ecosystem for the purposes of—

23 (A) habitat protection and restoration; 

24 (B) streambank stabilization; 

25 (C) restoration of stream stability; 
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1 (D) water quality improvement; 

2 (E) invasive species control; 

3 (F) wetland restoration; 

4 (G) fish passage; and 

5 (H) natural flow restoration. 

6 (2) EXISTING PLANS.—In developing the gen7 eral management plan, the Secretary shall depend 

8 heavily on existing plans for the restoration of the 

9 Upper Connecticut River. 

10 (b) CRITICAL RESTORATION PROJECTS.—

11 (1) IN GENERAL.—The Secretary may partici12 pate in any critical restoration project in the Upper 

13 Connecticut River Basin in accordance with the gen14 eral management plan developed under subsection 

15 (a). 

16 (2) ELIGIBLE PROJECTS.—A critical restoration 

17 project shall be eligible for assistance under this sec18 tion if the project—

19 (A) meets the purposes described in the 

20 general management plan developed under sub21 section (a); and 

22 (B) with respect to the Upper Connecticut 

23 River and Upper Connecticut River watershed, 

24 consists of—
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1 (i) bank stabilization of the main 

2 stem, tributaries, and streams; 

3 (ii) wetland restoration and migratory 

4 bird habitat restoration; 

5 (iii) soil and water conservation; 

6 (iv) restoration of natural flows; 

7 (v) restoration of stream stability; 

8 (vi) implementation of an intergovern9 mental agreement for coordinating eco10 system restoration, fish passage installa11 tion, streambank stabilization, wetland res12 toration, habitat protection and restora13 tion, or natural flow restoration; 

14 (vii) water quality improvement; 

15 (viii) invasive species control; 

16 (ix) wetland restoration and migratory 

17 bird habitat restoration; 

18 (x) improvements in fish migration; 

19 and 

20 (vii) conduct of any other project or 

21 activity determined to be appropriate by 

22 the Secretary. 

23 (c) COST SHARING.—The Federal share of the cost 

24 of any project carried out under this section shall not be 

25 less than 65 percent. 
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1 (d) NON-FEDERAL INTEREST.—A nonprofit organi2 zation may serve as the non-Federal interest for a project 

3 carried out under this section. 

4 (e) CREDITING.—

5 (1) FOR WORK.—The Secretary shall provide 

6 credit, including credit for in-kind contributions of 

7 up to 100 percent of the non-Federal share, for 

8 work (including design work and materials) if the 

9 Secretary determines that the work performed by 

10 the non-Federal interest is integral to the product. 

11 (2) FOR OTHER CONTRIBUTIONS.—The non12 Federal interest shall receive credit for land, ease13 ments, rights-of-way, dredged material disposal 

14 areas, and relocations necessary to implement the 

15 projects. 

16 (f) COOPERATIVE AGREEMENTS.—In carrying out 

17 this section, the Secretary may enter into 1 or more coop18 erative agreements to provide financial assistance to ap19 propriate Federal, State, or local governments or non20 profit agencies, including assistance for the implementa21 tion of projects to be carried out under subsection (b). 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $20,000,000, to remain available until expended.
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1 SEC. 4103. STUDY OF WATER RESOURCE NEEDS AND DE2 VELOPMENT OF A HYDROLOGIC MODEL OF 

3 THE CONNECTICUT RIVER BASIN, VERMONT, 

4 NEW HAMPSHIRE, MASSACHUSETTS, AND 

5 CONNECTICUT. 

6 (a) IN GENERAL.—The Secretary, in consultation 

7 with appropriate Federal, State, interstate, and local 

8 agencies, may study the water resource needs of the Con9 necticut River Basin to develop a hydrologic model of the 

10 Connecticut River and its tributaries. 

11 (b) COMPONENTS.—The Secretary should include in 

12 the water resources study under subsection (a)—

13 (1) the present and historical flow regime of the 

14 Connecticut River and its tributaries; 

15 (2) the hydrodynamic and hydrologic character16 istics of the Connecticut River basin (including the 

17 mainstem and tributaries), before and after the con18 struction of dams, water withdrawals, and other al19 terations to the River; 

20 (3) the impact of those alterations on the flow 

21 regime of the River; 

22 (4) the development of monitoring protocols to 

23 assist resource managers in gauging the impact of 

24 decisions on the water resources and the aquatic liv25 ing resources of the Connecticut River basin; and 
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1 (5) such other information as the Secretary de2 termines to be necessary to fully develop the hydro3 logic model required under subsection (a). 

4 (c) COST SHARING.—

5 (1) FEDERAL SHARE.—The Federal share of 

6 the cost of carrying out the study and developing the 

7 hydrologic model under subsection (a) shall be not 

8 less than 65 percent. 

9 (2) NON-FEDERAL INTERESTS.—A nonprofit 

10 entity may serve as the non-Federal interest for the 

11 study under subsection (a). 

12 (3) CREDIT.—The Secretary shall provide cred13 it, including in-kind credit that is not more than 100 

14 percent of the non-Federal share, if the Secretary 

15 determines that the work performed by the non-Fed16 eral sponsor is integral to the project. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $5,000,000. 

20 SEC. 4104. UPPER CONNECTICUT RIVER BASIN WETLAND 

21 RESTORATION, NEW HAMPSHIRE AND 

22 VERMONT. 

23 (a) IN GENERAL.—The Secretary, in cooperation 

24 with the States of Vermont and New Hampshire, shall 

25 carry out a study and develop a strategy for the use of 
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1 wetland restoration, soil and water conservation practices, 

2 and nonstructural measures to reduce flood damage, im3 prove water quality, and create wildlife habitat in the 

4 Upper Connecticut River watershed. 

5 (b) COST SHARING.—

6 (1) FEDERAL SHARE.—The Federal share of 

7 the cost of the study and development of the strat8 egy under subsection (a) shall be 65 percent. 

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

10 share of the cost of the study and development of 

11 the strategy may be provided through the contribu12 tion of in-kind services and materials. 

13 (c) NON-FEDERAL INTEREST.—A nonprofit organi14 zation with wetland restoration experience may serve as 

15 the non-Federal interest for the study and development 

16 of the strategy under this section. 

17 (d) COOPERATIVE AGREEMENTS.—In conducting the 

18 study and developing the strategy under this section, the 

19 Secretary may enter into 1 or more cooperative agree20 ments to provide technical assistance to appropriate Fed21 eral, State, and local agencies and nonprofit organizations 

22 with wetland restoration experience, including assistance 

23 for the implementation of wetland restoration projects and 

24 soil and water conservation measures. 
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1 (e) IMPLEMENTATION.—The Secretary shall carry 

2 out development and implementation of the strategy under 

3 this section in cooperation with local landowners and local 

4 government officials. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $5,000,000,000, to remain available until expended. 

8 SEC. 4105. UPPER WILLAMETTE RIVER WATERSHED ECO9 SYSTEM RESTORATION, OREGON. 

10 (a) IN GENERAL.—The Secretary shall conduct stud11 ies and ecosystem restoration projects for the upper Wil12 lamette River watershed from Albany, Oregon, to the 

13 headwaters of the Willamette River and tributaries. 

14 (b) CONSULTATION.—The Secretary shall carry out 

15 ecosystem restoration projects under this section for the 

16 Upper Willamette River watershed in consultation with 

17 the Governor of the State of Oregon, the heads of appro18 priate Indian tribes, the Environmental Protection Agen19 cy, the United States Fish and Wildlife Service, the Na20 tional Marine Fisheries Service, the Bureau of Land Man21 agement, the Forest Service, and local entities. 

22 (c) AUTHORIZED ACTIVITIES.—In carrying out eco23 system restoration projects under this section, the Sec24 retary shall undertake activities necessary to protect, mon25 itor, and restore fish and wildlife habitat. 
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1 (d) COST SHARING REQUIREMENTS.—

2 (1) STUDIES.—Studies conducted under this 

3 section shall be subject to cost sharing in accordance 

4 with section 206 of the Water Resources Develop5 ment Act of 1996 (33 U.S.C. 2330). 

6 (2) ECOSYSTEM RESTORATION PROJECTS.—

7 (A) IN GENERAL.—Non-Federal interests 

8 shall pay 35 percent of the cost of any eco9 system restoration project carried out under 

10 this section. 

11 (B) ITEMS PROVIDED BY NON-FEDERAL

12 INTERESTS.—

13 (i) IN GENERAL.—Non-Federal inter14 ests shall provide all land, easements, 

15 rights-of-way, dredged material disposal 

16 areas, and relocations necessary for eco17 system restoration projects to be carried 

18 out under this section. 

19 (ii) CREDIT TOWARD PAYMENT.—The 

20 value of the land, easements, rights-of-way, 

21 dredged material disposal areas, and relo22 cations provided under clause (i) shall be 

23 credited toward the payment required 

24 under this subparagraph (A).
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1 (C) IN-KIND CONTRIBUTIONS.—100 per2 cent of the non-Federal share required under 

3 this subparagraph (A) may be satisfied by the 

4 provision of in-kind contributions. 

5 (3) OPERATIONS AND MAINTENANCE.—Non6 Federal interests shall be responsible for all costs as7 sociated with operating, maintaining, replacing, re8 pairing, and rehabilitating all projects carried out 

9 under this section. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $15,000,000. 

13 SEC. 4106. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND 

14 NEW YORK. 

15 The Secretary shall—

16 (1) determine, at full Federal expense, the fea17 sibility of a dispersal barrier project at the Lake 

18 Champlain Canal; and 

19 (2) if it is determined to be feasible, construct, 

20 maintain, and operate the dispersal barrier at full 

21 Federal expense. 

22 SEC. 4107. LAKE CHAMPLAIN WATERSHED, VERMONT AND 

23 NEW YORK. 

24 Section 542 of the Water Resources Development Act 

25 of 2000 (42 Stat. 2671) is amended—
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1 (1) in subsection (b)(2) 

2 (A) in subparagraph (D), by striking ‘‘or’’ 

3 at the end; 

4 (B) by redesignating subparagraph (E) as 

5 subparagraph (G); and 

6 (C) by inserting after subparagraph (D) 

7 the following: 

8 ‘‘(E) river corridor assessment, protection, 

9 management, and restoration for the purposes 

10 of ecosystem restoration; 

11 ‘‘(F) geographic mapping conducted by the 

12 Secretary using existing technical capacity to 

13 produce a high-resolution, multispectral satellite 

14 imagery-based land use and cover data set; or’’; 

15 and 

16 (2) in subsection (g), by striking 

17 ‘‘$20,000,000’’ and inserting ‘‘$32,000,000’’. 

18 SEC. 4108. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, 

19 VIRGINIA. 

20 Section 591(a)(2) of the Water Resources Develop21 ment Act of 1999 (113 Stat. 378) is amended by striking 

22 ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. 
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1 SEC. 4109. RESTORATION OF THE ENVIRONMENT FOR PRO2 TECTION OF AQUATIC AND RIPARIAN ECO3 SYSTEMS PROGRAM. 

4 Section 206 of the Water Resources Development Act 

5 of 1996 (33 U.S.C. 2330) is amended—

6 (1) by striking the section heading and insert7 ing the following: 

8 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO9 TECTION OF AQUATIC AND RIPARIAN ECO10 SYSTEMS PROGRAM.’’; 

11 (2) in subsection (a), by striking ‘‘an aquatic’’ 

12 and inserting ‘‘a freshwater aquatic’’; and 

13 (3) in subsection (e), by striking ‘‘$25,000,000’’ 

14 and inserting ‘‘$75,000,000’’. 

15 SEC. 4110. ENVIRONMENTAL MODIFICATION OF PROJECTS 

16 FOR IMPROVEMENT AND RESTORATION OF 

17 ECOSYSTEMS PROGRAM. 

18 Section 1135 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2309a) is amended—

20 (1) by striking the section heading and insert21 ing the following: 

22 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS 

23 FOR IMPROVEMENT AND RESTORATION OF 

24 ECOSYSTEMS PROGRAM.’’; 

25 and 
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1 (2) in subsection (h), by striking ‘‘25,000,000’’ 

2 and inserting ‘‘$50,000,000’’. 

3 SEC. 4111. PROJECTS TO ENHANCE ESTUARIES AND COAST4 AL HABITATS. 

5 (a) GENERAL AUTHORITY.—The Secretary may 

6 carry out an estuary habitat restoration project if the Sec7 retary determines that the project—

8 (1) will improve the elements and features of an 

9 estuary (as defined in section 103 of the Estuaries 

10 and Clean Waters Act of 2000 (33 U.S.C. 2902)); 

11 (2) is in the public interest; and 

12 (3) is cost-effective. 

13 (b) COST SHARING.—The non-Federal share of the 

14 cost of construction of any project carried out under this 

15 section—

16 (1) shall be 35 percent; and 

17 (2) shall include provision of all land, ease18 ments, rights-of-way, and necessary relocations. 

19 (c) AGREEMENTS.—Construction of a project under 

20 this section shall be commenced only after a non-Federal 

21 interest has entered into a binding agreement with the 

22 Secretary—

23 (1) to pay the non-Federal share of the costs of 

24 construction required under subsection (b); and 
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1 (2) to pay 100 percent of any operation, main2 tenance, and replacement and rehabilitation costs of 

3 the project, in accordance with regulations promul4 gated by the Secretary. 

5 (d) COST LIMITATION.—Not more than $5,000,000 

6 in Federal funds may be allocated under this section for 

7 a project at any 1 location. 

8 (e) FUNDING.—There is authorized to be appro9 priated to carry out this section $25,000,000 for each fis10 cal year. 

11 CHAPTER 3—STUDY MODIFICATIONS 

12 SEC. 4201. SAN PABLO BAY WATERSHED RESTORATION, 

13 CALIFORNIA. 

14 (a) IN GENERAL.—The Secretary shall complete 

15 work as expeditiously as practicable on the San Pablo wa16 tershed, California, study authorized under section 209 of 

17 the Flood Control Act of 1962 (76 Stat. 1196) to deter18 mine the feasibility of opportunities for restoring, pre19 serving, and protecting the San Pablo Bay Watershed. 

20 (b) REPORT.—Not later than March 31, 2008, the 

21 Secretary shall submit to Congress a report that describes 

22 the results of the study.
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1 CHAPTER 4—PROJECTS 

2 Subchapter A—Authorizations 

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

4 The Secretary may carry out the project for eco5 system restoration, Matilija Dam and Ventura River Wa6 tershed, Ventura County, California, at a total estimated 

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

8 $78,972,750 and an estimated non-Federal cost of 

9 $51,362,250, if a favorable final report of the Chief for 

10 the project is completed not later than December 31, 

11 2004. 

12 SEC. 4302. NAPA RIVER SALT MARSH, CALIFORNIA. 

13 The Secretary may carry out the project for eco14 system restoration, Napa River Salt Marsh, California, at 

15 a total estimated cost of $100,500,000, with an estimated 

16 Federal cost of $64,000,000 and an estimated non-Fed17 eral cost of $36,500,000, if a favorable final report of the 

18 Chief for the project is completed not later than December 

19 31, 2004. 

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

21 CALIFORNIA. 

22 (a) COOPERATIVE PROGRAM.—

23 (1) IN GENERAL.—The Secretary shall partici24 pate with appropriate State and local agencies in the 

25 implementation of a cooperative program to improve 
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1 and manage fisheries and aquatic habitat conditions 

2 in Pine Flat Reservoir and in the 14-mile reach of 

3 the Kings River immediately below Pine Flat Dam, 

4 California, in a manner that—

5 (A) provides for long-term aquatic resource 

6 enhancement; and 

7 (B) avoids adverse effects on water storage 

8 and water rights holders. 

9 (2) GOALS AND PRINCIPLES.—The cooperative 

10 program described in paragraph (1) shall be carried 

11 out—

12 (A) substantially in accordance with the 

13 goals and principles of the document entitled 

14 ‘‘Kings River Fisheries Management Program 

15 Framework Agreement’’ and dated May 29, 

16 1999, between the California Department of 

17 Fish and Game and the Kings River Water As18 sociation and the Kings River Conservation 

19 District; and 

20 (B) in cooperation with the parties to that 

21 agreement. 

22 (b) PARTICIPATION BY SECRETARY.—

23 (1) IN GENERAL.—In furtherance of the goals 

24 of the agreement described in subsection (a)(2)(A), 

25 the Secretary shall participate in the planning, de-
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1 sign, and construction of projects and pilot projects 

2 on the Kings River and its tributaries to enhance 

3 aquatic habitat and water availability for fisheries 

4 purposes (including maintenance of a trout fishery) 

5 in accordance with flood control operations, water 

6 rights, and beneficial uses in existence as of the date 

7 of enactment of this Act. 

8 (2) PROJECTS.—Projects referred to in para9 graph (1) may include—

10 (A) projects to construct or improve pump11 ing, conveyance, and storage facilities to en12 hance water transfers; and 

13 (B) projects to carry out water exchanges 

14 and create opportunities to use floodwater with15 in and downstream of Pine Flat Reservoir. 

16 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

17 PROJECTS.—Nothing in this section authorizes any 

18 project for the raising of Pine Flat Dam or the construc19 tion of a multilevel intake structure at Pine Flat Dam. 

20 (d) USE OF EXISTING STUDIES.—In carrying out 

21 this section, the Secretary shall use, to the maximum ex22 tent practicable, studies in existence on the date of enact23 ment of this Act, including data and environmental docu24 mentation in the document entitled ‘‘Final Feasibility Re25 port and Report of the Chief of Engineers for Pine Flat 
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1 Dam Fish and Wildlife Habitat Restoration’’ and dated 

2 July 19, 2002. 

3 (e) COST SHARING.—

4 (1) PROJECT PLANNING, DESIGN, AND CON5 STRUCTION.—The Federal share of the cost of plan6 ning, design, and construction of a project under 

7 subsection (b) shall be 65 percent. 

8 (2) NON-FEDERAL SHARE.—

9 (A) CREDIT FOR LAND, EASEMENTS, AND

10 RIGHTS-OF-WAY.—The Secretary shall credit to11 ward the non-Federal share of the cost of con12 struction of any project under subsection (b) 

13 the value, regardless of the date of acquisition, 

14 of any land, easements, rights-of-way, dredged 

15 material disposal areas, or relocations provided 

16 by the non-Federal interest for use in carrying 

17 out the project. 

18 (B) FORM.—The non-Federal interest may 

19 provide not more than 50 percent of the non20 Federal share required under this subsection in 

21 the form of services, materials, supplies, or 

22 other in-kind contributions. 

23 (f) OPERATION AND MAINTENANCE.—The operation, 

24 maintenance, repair, rehabilitation, and replacement of 
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1 projects carried out under this section shall be a non-Fed2 eral responsibility. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $20,000,000, to remain available until expended. 

6 SEC. 4304. SOUTH PLATTE RIVER, DENVER, COLORADO. 

7 The Secretary may carry out the project for environ8 mental restoration, Denver County Reach, South Platte 

9 River, Denver, Colorado, in accordance with the Report 

10 of the Chief of Engineers dated May 16, 2003, at a total 

11 cost of $17,997,000, with an estimated Federal cost of 

12 $11,698,000 and an estimated non-Federal cost of 

13 $6,299,000, if a favorable final report of the Chief for the 

14 project is completed not later than December 31, 2004. 

15 SEC. 4305. SMITH ISLAND, MARYLAND. 

16 The Secretary may carry out the project for environ17 mental restoration, Smith Island, Somerset County, Mary18 land, at a total cost of $14,500,000, with an estimated 

19 Federal cost of $9,425,000 and an estimated non-Federal 

20 cost of $5,075,000, substantially in accordance with the 

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

22 final report of the Chief of Engineers dated October 29, 

23 2001.
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1 SEC. 4306. JAMAICA BAY, MARINE PARK AND PLUMB 

2 BEACH, QUEENS AND BROOKLYN, NEW YORK. 

3 The Secretary may carry out a project for environ4 mental restoration, Jamaica Bay, Queens and Brooklyn, 

5 New York, at a total estimated cost of $180,000,000, with 

6 an estimated Federal cost of $117,000,000 and an esti7 mated non-Federal cost of $63,000,000, substantially in 

8 accordance with the plans, and subject to the conditions, 

9 recommended in a final report of the Chief of Engineers, 

10 if a favorable report of the Chief is completed not later 

11 than December 31, 2004. 

12 SEC. 4307. RIVERSIDE OXBOW, FORT WORTH, TEXAS. 

13 The Secretary may carry out the project for environ14 mental restoration, Riverside Oxbow, Fort Worth, Texas 

15 contained in the report of the Chief of Engineers dated 

16 May 29, 2003, to carry out the project at a total cost of 

17 $22,200,000, with an estimated Federal cost of 

18 $9,180,000 and an estimated non-Federal cost of 

19 $13,020,000. 

20 Subchapter B—Modifications 

21 SEC. 4321. HAMILTON AIRFIELD, CALIFORNIA. 

22 The project for environmental restoration, Hamilton 

23 Airfield, California, authorized by section 101(b)(3) of the 

24 Water Resources Development Act of 1999 (113 Stat. 

25 279), is modified to include the diked bayland parcel 

26 known as ‘‘Bel Marin Keys Unit V ’’ at an estimated total 
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1 cost of $192,900,000, with an estimated Federal cost of 

2 $144,600,000 and an estimated non-Federal cost of 

3 $48,300,000, as part of the project to be carried out by 

4 the Secretary substantially in accordance with the plans, 

5 and subject to conditions, recommended in a final report 

6 of the Chief of Engineers, if a favorable final report of 

7 the Chief is completed not later than December 31, 2004. 

8 SEC. 4322. IMPLEMENTATION OF PROJECTS FUNDED BY 

9 THE SOUTHERN NEVADA PUBLIC LANDS 

10 MANAGEMENT ACT, LAKE TAHOE BASIN, 

11 CALIFORNIA AND NEVADA. 

12 (a) IN GENERAL.—The Secretary may establish a 

13 program to provide environmental assistance to non-Fed14 eral interests in the Lake Tahoe Basin, California and Ne15 vada. 

16 (b) FORM.—Assistance provided under this section 

17 may be in the form of planning, design, or construction 

18 assistance for any project with a Federal responsibility (as 

19 defined by the Tahoe Regional Planning Agency in car20 rying out the environment improvement program of the 

21 Agency in the Lake Tahoe Basin). 

22 (c) IMPLEMENTATION OF PROJECTS.—The Secretary 

23 may provide assistance for a project under this section 

24 only if the project is publicly owned. 

25 (d) LOCAL COOPERATIVE AGREEMENT.—
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1 (1) IN GENERAL.—Before providing assistance 

2 for a project under this section, the Secretary shall 

3 enter into a local cooperative agreement with a non4 Federal interest to provide for design and construc5 tion of the project. 

6 (2) REQUIREMENTS.—A local cooperative 

7 agreement entered into under this subsection shall 

8 provide for—

9 (A) development by the Secretary, in con10 sultation with the appropriate Federal, State, 

11 and regional offices, of appropriate environ12 mental documentation and engineering plans 

13 and specifications; and 

14 (B) establishment of such legal and insti15 tutional structures as are necessary to ensure 

16 the effective long-term operation of the project 

17 by the non-Federal interest. 

18 (3) COST SHARING.—

19 (A) CONSTRUCTION.—The Federal share 

20 of the cost of construction of a project under a 

21 local cooperative agreement entered into under 

22 this subsection—

23 (i) shall be equivalent to the Federal 

24 share required under the environmental 
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1 improvement program of the Tahoe Re2 gional Planning Agency; and 

3 (ii) may be in the form of grants or 

4 reimbursement of project costs (including 

5 reasonable costs of project initiation). 

6 (B) OPERATION AND MAINTENANCE.—The 

7 non-Federal share of operation and mainte8 nance costs for a project constructed with as9 sistance provided under this section shall be 

10 100 percent. 

11 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

12 LAWS.—Nothing in this section waives, limits, or other13 wise affects the applicability of any provision of Federal 

14 or State law that would otherwise apply to a project to 

15 be carried out with assistance provided under this section. 

16 (f) FUNDING.—The Secretary shall use such sums 

17 made available under the Southern Nevada Public Lands 

18 Management Act (Public Law 105–263; 112 Stat. 2343) 

19 as are necessary to carry out this section. 

20 SEC. 4323. DELMARVA CONSERVATION CORRIDOR, DELA21 WARE. 

22 (a) EX OFFICIO MEMBER.—Notwithstanding section 

23 3001(a) of the 1997 Emergency Supplemental Appropria24 tions Act for Recovery From Natural Disasters, and for 

25 Overseas Peacekeeping Efforts, Including Those in Bosnia 
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1 (111 Stat. 176), section 2.2 of the Susquehanna River 

2 Basin Compact (Public Law 91–575; 84 Stat. 1512), and 

3 section 2.2 of the Delaware River Basin Compact (Public 

4 Law 87–328; 75 Stat. 691), for fiscal year 2005 and each 

5 fiscal year thereafter, the Division Engineer, North Atlan6 tic Division, Corps of Engineers—

7 (1) shall be the ex officio United States member 

8 under the Susquehanna River Basin Compact and 

9 the Delaware River Basin Compact; 

10 (2) shall serve without additional compensation; 

11 and 

12 (3) may designate an alternate member or 

13 members in accordance with the terms of the com14 pacts, respectively. 

15 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

16 shall allocate funds to the Susquehanna River Basin Com17 mission established under the Susquehanna River Basin 

18 Compact (Public Law 91–575), and the Interstate Com19 mission on the Potomac River Basin established under the 

20 Potomac River Basin Compact (Public Law 91–407; 84 

21 Stat. 856), to fulfill the equitable funding requirements 

22 of the compacts, respectively. 

23 (c) WATER SUPPLY AND CONSERVATION STOR24 AGE.—
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1 (1) IN GENERAL.—The Secretary shall enter 

2 into an agreement with Delaware River Basin Com3 mission to provide temporary water supply and con4 servation storage at the Francis E. Walter Dam, 

5 Pennsylvania, during any period in which the Com6 mission has determined that a drought warning or 

7 drought emergency exists. 

8 (2) COST OF WATER STORAGE.—The agreement 

9 shall provide that the cost charged for any water 

10 storage under the agreement shall not exceed the in11 cremental operating costs associated with providing 

12 the storage. 

13 SEC. 4324. ALLATOONA LAKE, GEORGIA. 

14 (a) LAND EXCHANGE.—

15 (1) IN GENERAL.—The Secretary may exchange 

16 land above 863 feet in elevation at Allatoona Lake, 

17 Georgia, identified in the Real Estate Design Memo18 randum prepared by the Mobile district engineer, 

19 April 5, 1996, and approved October 8, 1996, for 

20 land on the north side of Allatoona Lake that is re21 quired for wildlife management and protection of the 

22 water quality and overall environment of Allatoona 

23 Lake. 

24 (2) TERMS AND CONDITIONS.—The basis for all 

25 land exchanges under this subsection shall be a fair 
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1 market appraisal to ensure that land exchanged is of 

2 equal value. 

3 (b) DISPOSAL AND ACQUISITION OF LAND, 

4 ALLATOONA LAKE, GEORGIA.—

5 (1) IN GENERAL.—The Secretary may—

6 (A) sell land above 863 feet in elevation at 

7 Allatoona Lake, Georgia, identified in the 

8 memorandum referred to in subsection (a)(1); 

9 and 

10 (B) use the proceeds of the sale, without 

11 further appropriation, to pay costs associated 

12 with the purchase of land required for wildlife 

13 management and protection of the water quality 

14 and overall environment of Allatoona Lake. 

15 (2) TERMS AND CONDITIONS.—

16 (A) WILLING SELLERS.—Land acquired 

17 under this subsection shall be by negotiated 

18 purchase from willing sellers only. 

19 (B) BASIS.—The basis for all transactions 

20 under this subsection shall be a fair market 

21 value appraisal acceptable to the Secretary. 

22 (C) SHARING OF COSTS.—Each purchaser 

23 of land under this subsection shall share in the 

24 associated environmental and real estate costs 

25 of the purchase, including surveys and associ-
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1 ated fees in accordance with the memorandum 

2 referred to in subsection (a)(1). 

3 (D) OTHER CONDITIONS.—The Secretary 

4 may impose on the sale and purchase of land 

5 under this subsection such other conditions as 

6 the Secretary determines to be appropriate. 

7 (c) REPEAL.—Section 325 of the Water Resources 

8 Development Act of 1992 (106 Stat. 4849) is repealed. 

9 SEC. 4325. PUBLIC ACCESS, ATCHAFALAYA BASIN 

10 FLOODWAY SYSTEM, LOUISIANA. 

11 The public access features of the Atchafalaya Basin 

12 Floodway System, Louisiana, project, authorized by the 

13 section 601(a) of the Water Resources Development Act 

14 of 1986 (100 Stat. 4142), is modified to authorize the Sec15 retary to acquire from willing sellers the fee interest, ex16 clusive of oil, gas, and minerals, of an additional 20,000 

17 acres of land in the Lower Atchafalaya Basin Flood for 

18 the public access feature of the Atchafalaya Basin 

19 Floodway System, to enhance fish and wildlife resources, 

20 at a total cost of $4,000,000. 

21 SEC. 4326. MISSOURI RIVER RESTORATION, NORTH DA22 KOTA. 

23 Section 707(a) of the Water Resources Act of 2000 

24 (114 Stat. 2699) is amended in the first sentence by strik25 ing ‘‘2005’’ and inserting ‘‘2010’’. 
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1 SEC. 4327. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL2 VANIA AND NEW YORK. 

3 Section 567 if the Water Resources Development Act 

4 of 1996 (110 Stat. 3787) is amended—

5 (1) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) COOPERATION AGREEMENTS.—

8 ‘‘(1) IN GENERAL.—In conducting the study 

9 and implementing the strategy under this section, 

10 the Secretary shall enter into cost-sharing and 

11 project cooperation agreements with the Federal 

12 Government, State and local governments (with the 

13 consent of the State and local governments), land 

14 trusts, or nonprofit, nongovernmental organizations 

15 with expertise in wetland restoration. 

16 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co17 operation agreement, the Secretary may provide as18 sistance for implementation of wetland restoration 

19 projects and soil and water conservation measures.’’; 

20 and 

21 (2) by striking subsection (d) and inserting the 

22 following: 

23 ‘‘(d) IMPLEMENTATION OF STRATEGY.—

24 ‘‘(1) IN GENERAL.—The Secretary shall carry 

25 out the development, demonstration, and implemen26 tation of the strategy under this section in coopera-
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1 tion with local landowners, local government offi2 cials, and land trusts. 

3 ‘‘(2) GOALS OF PROJECTS.—Projects to imple4 ment the strategy under this subsection shall be de5 signed to take advantage of ongoing or planned ac6 tions by other agencies, local municipalities, or non7 profit, nongovernmental organizations with expertise 

8 in wetland restoration that would increase the effec9 tiveness or decrease the overall cost of implementing 

10 recommended projects.’’. 

11 SEC. 4328. CHEYENNE RIVER SIOUX TRIBE AND LOWER 

12 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE 

13 HABITAT RESTORATION TRUST FUNDS, 

14 SOUTH DAKOTA. 

15 Section 604 of the Water Resources Development Act 

16 of 1999 (113 Stat. 389) is amended by striking subsection 

17 (c) and inserting the following: 

18 ‘‘(c) INVESTMENTS.—The Secretary of the Treasury, 

19 in consultation with the Cheyenne River Sioux Tribe and 

20 the Lower Brule Sioux Tribe, shall invest the amounts de21 posited under subsection (b)—

22 ‘‘(1) in interest-bearing obligations of the 

23 United States; or 

24 ‘‘(2) in obligations guaranteed as to both prin25 cipal and interest by the United States; or
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1 ‘‘(3) in such other investment options as are 

2 considered to be appropriate by the Secretary of the 

3 Treasury, in consultation with the Cheyenne River 

4 Sioux Tribe and the Lower Brule Sioux Tribe.’’. 

5 SEC. 4329. MISSOURI RIVER RESTORATION. 

6 (a) REPRESENTATION OF RURAL WATER SYS7 TEMS.—Section 904(b)(1)(B) of the Water Resources De8 velopment Act of 2000 (114 Stat. 2708) is amended—

9 (1) in clause (vii), by striking ‘‘and’’ at the end; 

10 (2) by redesignating clause (viii) as clause (ix); 

11 and 

12 (3) by inserting after clause (vii) the following: 

13 ‘‘(viii) rural water systems; and’’. 

14 (b) REAUTHORIZATION.—Section 907(a) of the 

15 Water Resources Development Act of 2000 (114 Stat. 

16 2712) is amended in the first sentence by striking ‘‘2005’’ 

17 and inserting ‘‘2010’’. 

18 SEC. 4330. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN19 HANCEMENT PROJECT. 

20 Section 514(g) of the Water Resources Development 

21 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

22 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’. 
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1 SEC. 4331. LAKE CHAMPLAIN EURASIAN MILFOIL AND 

2 WATER CHESTNUT CONTROL, VERMONT. 

3 Under authority of section 104 of the River and Har4 bor Act of 1958 (33 U.S.C. 610), the Secretary shall re5 vise the existing General Design Memorandum to permit 

6 the use of chemical means of control, when appropriate, 

7 of Eurasian milfoil and water chestnuts in the Lake 

8 Champlain basin, Vermont. 

9 SEC. 4332. CHESAPEAKE BAY OYSTER RESTORATION, VIR10 GINIA AND MARYLAND. 

11 Section 704(b) of the Water Resources Development 

12 Act of 1986 (33 U.S.C. 2263(b)) is amended—

13 (1) by redesignating paragraph (2) as para14 graph (4); 

15 (2) in paragraph (1)—

16 (A) in the second sentence, by striking 

17 ‘‘$20,000,000’’ and inserting ‘‘$50,000,000’’; 

18 and 

19 (B) in the third sentence, by striking 

20 ‘‘Such projects’’ and inserting the following: 

21 ‘‘(2) INCLUSIONS.—Such projects’’; 

22 (3) by striking paragraph (2)(D) (as redesig23 nated by paragraph (2)(B)) and inserting the fol24 lowing: 

25 ‘‘(D) the restoration and rehabilitation of 

26 habitat for fish, including native oysters, in the 
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1 Chesapeake Bay and its tributaries in Virginia 

2 and Maryland, including—

3 ‘‘(i) the construction of oyster bars 

4 and reefs; 

5 ‘‘(ii) the rehabilitation of existing 

6 marginal habitat; 

7 ‘‘(iii) the use of appropriate alter8 native substrate material in oyster bar and 

9 reef construction; 

10 ‘‘(iv) the construction and upgrading 

11 of oyster hatcheries; and 

12 ‘‘(v) activities relating to increasing 

13 the output of native oyster broodstock for 

14 seeding and monitoring of restored sites to 

15 ensure ecological success. 

16 ‘‘(3) RESTORATION AND REHABILITATION AC17 TIVITIES.—The restoration and rehabilitation activi18 ties described in paragraph (2)(D) shall be—

19 ‘‘(A) for the purpose of establishing per20 manent sanctuaries and harvest management 

21 areas; and 

22 ‘‘(B) consistent with plans and strategies 

23 for guiding the restoration of the Chesapeake 

24 Bay oyster resource and fishery.’’; and 

25 (4) by adding at the end the following: 
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1 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.—

2 In this subsection, the term ‘ecological success’ 

3 means—

4 ‘‘(A) achieving a tenfold increase in native 

5 oyster biomass by the year 2010, from a 1994 

6 baseline; and 

7 ‘‘(B) the establishment of a sustainable 

8 fishery as determined by a broad scientific and 

9 economic consensus.’’. 

10 SEC. 4333. LAKES PROGRAM. 

11 Section 602(a) of the Water Resources Development 

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

13 295) is amended—

14 (1) in paragraph (18), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (19), by striking the period at 

17 the end and inserting a semicolon; and 

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

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

20 removal of silt and aquatic growth and measures to 

21 address excessive sedimentation; 

22 ‘‘(21) Lake Sakakawea, North Dakota, removal 

23 of silt and aquatic growth and measures to address 

24 excessive sedimentation; 
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1 ‘‘(22) Lake Morley, Vermont, removal of silt 

2 and aquatic growth and measures to address exces3 sive sedimentation; and 

4 ‘‘(23) Lake Fairlee, Vermont, removal of silt 

5 and aquatic growth and measures to address exces6 sive sedimentation.’’. 

7 Subchapter C—Deauthorizations 

8 SEC. 4351. DEAUTHORIZATION OF PROJECTS. 

9 As of the date of enactment of this Act, the projects 

10 and portions of projects described in this subchapter are 

11 not authorized. 

12 SEC. 4352. DOG RIVER PILOT PROJECT, ALABAMA. 

13 As of the date of enactment of this Act, the project 

14 for ecosystem restoration, Dog River Pilot Project, Ala15 bama, authorized by section 518 of the Water Resources 

16 Development Act of 1999 (113 Stat. 345), is not author17 ized. 

18 SEC. 4353. CENTRAL AND SOUTHERN FLORIDA, EVER19 GLADES NATIONAL PARK, FLORIDA. 

20 As of the date of enactment of this Act, the project 

21 to modify the Central and Southern Florida project to im22 prove water supply to the Everglades National Park, Flor23 ida, authorized by section 203 of the Flood Control Act 

24 of 1954 (68 Stat. 1257) and the Flood Control Act of
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1 1968 (Public Law 90–483; 82 Stat. 740), is not author2 ized. 

3 Subtitle B—Environmental 

4 Remediation 

5 SEC. 4401. REMEDIATION OF ABANDONED MINE SITES. 

6 Section 560 of the Water Resources Development Act 

7 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amend8 ed—

9 (1) by striking subsection (f); 

10 (2) by redesignating subsections (a) through (e) 

11 as subsections (b) through (f), respectively; 

12 (3) by inserting before subsection (b) (as redes13 ignated by paragraph (2)) the following: 

14 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In 

15 this section, the term ‘non-Federal interest’ includes, with 

16 the consent of the affected local government, nonprofit en17 tities, notwithstanding section 221 of the Flood Control 

18 Act of 1970 (42 U.S.C. 1962d–5b).’’; 

19 (4) in subsection (b) (as redesignated by para20 graph (2)), by—

21 (A) by inserting ‘‘, and construction’’ be22 fore ‘‘assistance’’; and 

23 (B) by inserting ‘‘, including, with the con24 sent of the affected local government, nonprofit 

25 entities,’’ after ‘‘non-Federal interests’’; 
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1 (5) in paragraph (3) of subsection (c) (as redes2 ignated by paragraph (2))—

3 (A) by inserting ‘‘physical hazards and’’ 

4 after ‘‘adverse’’; and 

5 (B) by striking ‘‘drainage from’’; 

6 (6) in subsection (d) (as redesignated by para7 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; 

8 and 

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

10 ‘‘(g) OPERATION AND MAINTENANCE.—The non11 Federal share of the costs of operation and maintenance 

12 for a project carried out under this section shall be 100 

13 percent. 

14 ‘‘(h) CREDIT.—A non-Federal interest shall receive 

15 credit toward the non-Federal share of cost of a project 

16 under this section for design and construction services and 

17 other in-kind consideration provided by the non-Federal 

18 interest if the Secretary determines that the design and 

19 construction services and other in-kind contributions are 

20 integral to the project. 

21 ‘‘(i) NO EFFECT ON LIABILITY.—The provision of 

22 assistance under this section shall not relieve from liability 

23 any person that would otherwise be liable under Federal 

24 or State law for damages, response costs, natural resource 

25 damages, restitution, equitable relief, or any other relief. 
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1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 for each fiscal year $45,000,000, to remain available until 

4 expended.’’. 

5 TITLE V—WATER STORAGE AND 

6 WATER QUALITY 

7 Subtitle A—Water Storage Program 

8 CHAPTER 1—CONTINUING AUTHORITIES 

9 PROGRAMS 

10 SEC. 5201. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

11 Section 21 of the Water Resources Development Act 

12 of 1988 (102 Stat. 4027) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘1276.42’’ and inserting 

15 ‘‘1278.42’’; 

16 (B) by striking ‘‘1218.31’’ and inserting 

17 ‘‘1221.31’’; and 

18 (C) by striking ‘‘1234.82’’ and inserting 

19 ‘‘1235.30’’; and 

20 (2) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b) EXCEPTION.—

23 ‘‘(1) IN GENERAL.—The Secretary may operate 

24 the headwaters reservoirs below the minimum or 

25 above the maximum water levels established under 
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1 subsection (a) in accordance with water control reg2 ulation manuals (or revisions to those manuals) de3 veloped by the Secretary, after consultation with the 

4 Governor of Minnesota and affected tribal govern5 ments, landowners, and commercial and recreational 

6 users. 

7 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The 

8 water control regulation manuals referred to in 

9 paragraph (1) (and any revisions to those manuals) 

10 shall be effective as of the date on which the Sec11 retary submits the manuals (or revisions) to Con12 gress. 

13 ‘‘(3) NOTIFICATION.—

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), not less than 14 days before 

16 operating any headwaters reservoir below the 

17 minimum or above the maximum water level 

18 limits specified in subsection (a), the Secretary 

19 shall submit to Congress a notice of intent to 

20 operate the headwaters reservoir. 

21 ‘‘(B) EXCEPTION.—Notice under subpara22 graph (A) shall not be required in any case in 

23 which—
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1 ‘‘(i) the operation of a headwaters res2 ervoir is necessary to prevent the loss of 

3 life or to ensure the safety of a dam; or 

4 ‘‘(ii) the drawdown of the water level 

5 of the reservoir is in anticipation of a flood 

6 control operation.’’. 

7 SEC. 5202. UNION LAKE, MISSOURI. 

8 (a) IN GENERAL.—The Secretary shall offer to con9 vey to the State of Missouri, before January 31, 2005, 

10 all right, title, and interest in and to approximately 205.50 

11 acres of land described in subsection (b) purchased for the 

12 Union Lake Project that was deauthorized as of January 

13 1, 1990 (55 Fed. Reg. 40906) in accordance with section 

14 1001 of the Water Resources Development Act of 1986 

15 (33 U.S.C. 579a(a)). 

16 (b) LAND DESCRIPTION.—The land referred to in 

17 subsection (a) is described as follows: 

18 (1) TRACT 500.—A tract of land situated in 

Franklin County, Missouri, being part of the SW1 19 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 20 ⁄4 of sec. 8, T. 

21 42 N., R. 2 W. of the fifth principal meridian, con22 sisting of approximately 112.50 acres. 

23 (2) TRACT 605.—A tract of land situated in 

Franklin County, Missouri, being part of the N1 24 ⁄2 of 

25 the NE, and part of the SE of the NE of sec. 18,
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1 T. 42 N., R. 2 W. of the fifth principal meridian, 

2 consisting of approximately 93.00 acres. 

3 (c) CONVEYANCE.—Upon acceptance by the State of 

4 Missouri of the offer by the Secretary under subsection 

5 (a), the land described in subsection (b) shall immediately 

6 be conveyed, in its current condition, by Secretary to the 

7 State of Missouri. 

8 SEC. 5203. SMALL PROJECTS FOR THE REHABILITATION OR 

9 REMOVAL OF DAMS. 

10 (a) IN GENERAL.—The Secretary may carry out a 

11 small dam removal or rehabilitation project if the Sec12 retary determines that the project will improve the quality 

13 of the environment or is in the public interest. 

14 (b) COST SHARING.—A non-Federal interest shall 

15 provide 35 percent of the cost of the removal or remedi16 ation of any project carried out under this section, includ17 ing provision of all land, easements, rights-of-way, and 

18 necessary relocations. 

19 (c) AGREEMENTS.—Construction of a project under 

20 this section shall be commenced only after a non-Federal 

21 interest has entered into a binding agreement with the 

22 Secretary to pay—

23 (1) the non-Federal share of the costs of con24 struction required by this section; and 
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1 (2) 100 percent of any operation and mainte2 nance cost. 

3 (d) COST LIMITATION.—Not more than $5,000,000 

4 in Federal funds may be allotted under this section for 

5 a project at any single location. 

6 (e) FUNDING.—There is authorized to be appro7 priated to carry out this section $25,000,000 for each fis8 cal year. 

9 CHAPTER 2—PROJECTS 

10 Subchapter A—Modifications 

11 SEC. 5301. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

12 The Secretary may provide public access and rec13 reational facilities as generally described in the report en14 titled ‘‘Detailed Project Report and Environmental As15 sessment, McQuade Road Harbor or Refuge, Duluth, Min16 nesota,’’ dated August 1999, at a Federal cost of not more 

17 than $5,000,000. Section 103(c)(2) of the Water Re18 sources Development Act of 1992 (106 Stat. 4811) is 

19 amended by striking ‘‘property currently held by the Reso20 lution Trust Corporation in the vicinity of the Mississippi 

21 River Bridge’’ and inserting ‘‘riverfront property’’. 

22 SEC. 5302. ARCADIA LAKE, OKLAHOMA. 

23 Payments made by the city of Edmond, Oklahoma, 

24 to the Secretary in October 1999 of all costs associated 

25 with present and future water storage costs at Arcadia 
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1 Lake, Oklahoma, under Arcadia Lake Water Storage Con2 tract Number DACW56–79–C–002 shall satisfy the obli3 gations of the city under that contract. 

4 SEC. 5303. WAURIKA LAKE, OKLAHOMA. 

5 The remaining obligation of the Waurika Project 

6 Master Conservancy District payable to the United States 

7 Government in the amounts, rates of interest, and pay8 ment schedules—

9 (1) is set at the amounts, rates of interest, and 

10 payment schedules that existed on June 3, 1986; 

11 and 

12 (2) may not be adjusted, altered, or changed 

13 without a specific, separate, and written agreement 

14 between the District and the United States. 

15 Subchapter B—Deauthorizations 

16 SEC. 5321. BIG SOUTH FORK NATIONAL RIVER AND REC17 REATIONAL AREA, KENTUCKY AND TEN18 NESSEE. 

19 The project for recreation facilities at Big South 

20 Fork National River and Recreational Area, Kentucky and 

21 Tennessee, authorized by section 108 of the Water Re22 sources Development Act of 1974 (88 Stat. 43) is not au23 thorized. 
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1 SEC. 5322. LIBBY DAM, MONTANA. 

2 The project for hydropower, Libby Dam, Montana 

3 (Units 6–8), authorized by section 549 of the Water Re4 sources Development Act of 1996 (110 Stat. 3779) is not 

5 authorized. 

6 Subtitle B—Water Quality 

7 CHAPTER 1— GENERAL PROVISIONS 

8 SEC. 5401. FUNDING TO EXPEDITE THE EVALUATION AND 

9 PROCESSING OF PERMITS. 

10 Section 214(a) of the Water Resources Development 

11 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is 

12 amended by striking ‘‘In fiscal years 2001 through 2003, 

13 the’’ and inserting ‘‘The’’. 

14 CHAPTER 2—DEAUTHORIZATION OF 

15 PROJECTS 

16 SEC. 5421. BRIDGEPORT, CONNECTICUT. 

17 The project for environmental infrastructure, Bridge18 port, Connecticut, authorized by section 219(f)(26) of the 

19 Water Resources Development Act of 1992 (106 Stat. 

20 4835; 113 Stat. 336) is not authorized. 

21 SEC. 5422. HARTFORD, CONNECTICUT. 

22 The project for environmental infrastructure, Hart23 ford, Connecticut, authorized by section 219(f)(27) of the 

24 Water Resources Development Act of 1992 (106 Stat. 

25 4835; 113 Stat. 336) is not authorized. 
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1 SEC. 5423. NEW HAVEN, CONNECTICUT. 

2 The project for environmental infrastructure, New 

3 Haven, Connecticut, authorized by section 219(f)(28) of 

4 the Water Resources Development Act of 1992 (106 Stat. 

5 4835; 113 Stat. 336) is not authorized. 

6 SEC. 5424. CASCO BAY, PORTLAND, MAINE. 

7 The project for environmental infrastructure, Casco 

8 Bay in the Vicinity of Portland, Maine, authorized by sec9 tion 307 of the Water Resources Development Act of 1992 

10 (106 Stat. 4841) is not authorized. 

11 SEC. 5425. PENOBSCOT RIVER, BANGOR, MAINE. 

12 The project for environmental infrastructure, Penob13 scot River in the Vicinity of Bangor, Maine, authorized 

14 by section 307 of the Water Resources Development Act 

15 of 1992 (106 Stat. 4841) is not authorized. 

16 SEC. 5426. SAINT JOHN RIVER BASIN, MAINE. 

17 The project for research and demonstration program 

18 of cropland irrigation and soil conservation techniques, 

19 Saint John River Basin, Maine, authorized by section 

20 1108 of the Water Resources Development Act of 1986 

21 (106 Stat. 4230) is not authorized. 

22 SEC. 5427. EPPING, NEW HAMPSHIRE. 

23 The project for environmental infrastructure, Ep24 ping, New Hampshire, authorized by section 219(c)(6) of 

25 the Water Resources Development Act of 1992 (106 Stat. 

26 4835) is not authorized.
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1 SEC. 5428. MANCHESTER, NEW HAMPSHIRE. 

2 The project for environmental infrastructure, Man3 chester, New Hampshire, authorized by section 219(c)(7) 

4 of the Water Resources Development Act of 1992 (106 

5 Stat. 4836) is not authorized. 

6 Subtitle C—Watershed Planning 

7 Program 

8 SEC. 5451. DELMARVA CONSERVATION CORRIDOR, DELA9 WARE AND MARYLAND. 

10 (a) ASSISTANCE.—The Secretary may provide tech11 nical assistance to the Secretary of Agriculture for use in 

12 carrying out the Conservation Corridor Demonstration 

13 Program established under subtitle G of title II of the 

14 Farm Security and Rural Investment Act of 2002 (16 

15 U.S.C. 3801 note; 116 Stat. 275). 

16 (b) COORDINATION AND INTEGRATION.—In carrying 

17 out water resources projects in the States on the Delmarva 

18 Peninsula, the Secretary shall coordinate and integrate 

19 those projects, to the maximum extent practicable, with 

20 any activities carried out to implement a conservation cor21 ridor plan approved by the Secretary of Agriculture under 

22 section 2602 of the Farm Security and Rural Investment 

23 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 
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1 SEC. 5452. SUSQUEHANNA, DELAWARE, AND POTOMAC 

2 RIVER BASINS, DELAWARE, MARYLAND, 

3 PENNSYLVANIA, AND VIRGINIA. 

4 (a) EX OFFICIO MEMBER.—

5 (1) IN GENERAL.—Notwithstanding the provi6 sions of law referred to in paragraph (2), for fiscal 

7 year 2005 and each fiscal year thereafter, the Divi8 sion Engineer, North Atlantic Division, Corps of En9 gineers—

10 (A) shall be the ex officio United States 

11 member under the Susquehanna River Basin 

12 Compact and the Delaware River Basin Com13 pact; 

14 (B) shall serve without additional com15 pensation; and 

16 (C) may designate an alternate member or 

17 members in accordance with the terms of the 

18 applicable compact. 

19 (2) RELATIONSHIP TO OTHER LAW.—The provi20 sions of law referred to in paragraph (1) are—

21 (A) section 3001(a) of the 1997 Emer22 gency Supplemental Appropriations Act for Re23 covery From Natural Disasters, and for Over24 seas Peacekeeping Efforts, Including Those in 

25 Bosnia (111 Stat. 176); 
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1 (B) section 2.2 of the Susquehanna River 

2 Basin Compact (84 Stat. 1512); and 

3 (C) section 2.2 of the Delaware River 

4 Basin Compact (75 Stat. 691), 

5 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

6 shall allocate funds to the Susquehanna River Basin Com7 mission established under the Susquehanna River Basin 

8 Compact (84 Stat. 1509), the Delaware River Basin Com9 mission established under the Delaware River Basin Com10 pact (75 Stat. 691), and the Interstate Commission on 

11 the Potomac River Basin established under the Potomac 

12 River Basin Compact (84 Stat. 856), to fulfill the equi13 table funding requirements of the applicable compacts. 

14 (c) WATER STORAGE.—

15 (1) IN GENERAL.—The Secretary shall enter 

16 into an agreement with Delaware River Basin Com17 mission to provide temporary water storage at the 

18 Francis E. Walter Dam, Pennsylvania, during any 

19 period in which the Commission has determined that 

20 a drought warning or drought emergency exists.

Æ