II 

Calendar No. 672

108TH CONGRESS 

2D SESSION S. 2773

[Report No. 108–314] 

To provide for the consideration and development of water and related resources, to authorize the Secretary of the Army to construct various 

projects for improvements to rivers and harbors of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 25, 2004

Mr. INHOFE, from the Committee on Environment and Public Works, reported 

under authority of the order of the Senate of July 22, 2004, the following 

original bill; which was read twice and placed on the calendar 

A BILL

To provide for the consideration and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•S 2773 RS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—GENERAL PROVISIONS 

Sec. 1001. Credit for in-kind contributions. 

Sec. 1002. Interagency and international support authority. 

Sec. 1003. Training funds. 

Sec. 1004. Recreation user fees. 

Sec. 1005. Corps of Engineers River Stewardship Commission. 

Sec. 1006. Improvement of water management at Corps of Engineers reservoirs. 

Sec. 1007. Fiscal transparency report. 

Sec. 1008. Planning. 

Sec. 1009. Water Resources Planning Council. 

Sec. 1010. Independent reviews. 

Sec. 1011. Fish and wildlife mitigation. 

Sec. 1012. Agreements for water resource projects. 

Sec. 1013. State technical assistance. 

Sec. 1014. Access to water resource data. 

TITLE II—NAVIGATION 

Subtitle A—Inland Waterways 

CHAPTER 1—STUDIES

Sec. 2001. McClellan-Kerr Arkansas River Navigation Channel. 

CHAPTER 2—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 2101. Deep Creek, Chesapeake, Virginia. 

SUBCHAPTER B—PROJECT MODIFICATIONS

Sec. 2111. Black Warrior-Tombigbee Rivers, Alabama. 

Sec. 2112. Larkspur Ferry Channel, California. 

Sec. 2113. Redwood City navigation project, California. 

Sec. 2114. St. George’s Bridge, Delaware. 

Sec. 2115. Chicago River, Illinois. 

Sec. 2116. Red River (J. Bennett Johnston) Waterway, Louisiana. 

Sec. 2117. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 2118. Cooper River bridge demolition, Charleston, South Carolina. 
3

•S 2773 RS 

Sec. 2119. Plant Replacement and Improvement Program, Corps of Engineers 

Charleston District Equipment and Storage Yard, South Carolina. 

Sec. 2120. Old Hickory Lock and Dam, Cumberland River, Tennessee. 

Sec. 2121. McNary Lock and Dam, McNary National Wildlife Refuge, Washington and Idaho. 

Sec. 2122. Snake River Project, Washington and Idaho. 

Sec. 2123. Marmet Lock, Kanawha River, West Virginia. 

Sec. 2124. Enhanced navigation capacity improvements and ecosystem restoration plan for the Upper Mississippi River and Illinois Waterway System. 

Sec. 2125. Lower Mississippi River Museum and Riverfront Interpretive Site. 

Sec. 2126. Pilot program, Middle Mississippi River. 

CHAPTER 3—PROJECT DEAUTHORIZATIONS

Sec. 2141. Inland waterway from Delaware River to Chesapeake Bay, Part II, 

installation of fender protection for bridges, Delaware and 

Maryland. 

Sec. 2142. Mayo’s Bar Lock and Dam, Coosa River, Rome, Georgia. 

Sec. 2143. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana. 

Sec. 2144. Eisenhower and Snell Locks, New York. 

Sec. 2145. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas. 

Sec. 2146. Schuylkill River, Pennsylvania. 

Sec. 2147. Lake of the Pines, Texas. 

Sec. 2148. Tennessee Colony Lake, Texas. 

Sec. 2149. City Waterway, Tacoma, Washington. 

Subtitle B—Ports and Harbors 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 2201. Navigation enhancements for waterbourne transportation. 

CHAPTER 2—STUDIES

Sec. 2211. National port study. 

CHAPTER 3—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 2221. Akutan Harbor, Akutan, Alaska. 

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

Sec. 2223. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 2224. Unalaska Small Boat Harbor, Unalaska, Alaska. 

Sec. 2225. Miami Harbor, Miami, Florida. 

Sec. 2226. Port of Iberia, Louisiana. 

Sec. 2227. Corpus Christi Ship Channel, Corpus Christi, Texas. 

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. 
4

•S 2773 RS 

Sec. 2244. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 2245. Anchorage area, New London Harbor, Connecticut. 

Sec. 2246. Norwalk Harbor, Connecticut. 

Sec. 2247. Jacksonville Harbor, Florida. 

Sec. 2248. South Carolina Department of Commerce development proposal at 

Richard B. Russell Lake, South Carolina. 

Sec. 2249. Port of Lewiston, Idaho. 

Sec. 2250. Chicago River and Harbor, Chicago, Illinois. 

Sec. 2251. Camp Ellis, Saco, Maine. 

Sec. 2252. Union River, Maine. 

Sec. 2253. Duluth Harbor, Minnesota. 

Sec. 2254. New York Harbor, New York, New York. 

Sec. 2255. Toussaint River Navigation Project, Carroll Township, Ohio. 

Sec. 2256. Essayons and Yaquina dredges, Oregon. 

Sec. 2257. Cedar Bayou, Texas. 

Sec. 2258. Gulf Intracoastal Waterway, Brazos River to Port O’Connor, Texas. 

Sec. 2259. Gulf Intracoastal Waterway, High Island to Brazos River, Texas. 

Sec. 2260. Tangier Island Seawall, Virginia. 

Sec. 2261. Lower Granite Pool, Washington. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 2271. Bridgeport Harbor, Connecticut. 

Sec. 2272. Muscatine Harbor, Iowa. 

Sec. 2273. Bayou LaFourche and LaFourche Jump, Louisiana. 

Sec. 2274. Northeast Harbor, Maine. 

Sec. 2275. Tenants Harbor, Maine. 

Sec. 2276. Grand Haven Harbor, Michigan. 

Sec. 2277. Greenville Harbor, Mississippi. 

Sec. 2278. New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey. 

Sec. 2279. Olcott Harbor, Lake Ontario, New York. 

Sec. 2280. Outer Harbor, Buffalo, New York. 

Sec. 2281. Manteo Bay, North Carolina. 

Sec. 2282. Cleveland Harbor 1958 Act, Ohio. 

Sec. 2283. Cleveland Harbor 1960 Act, Ohio. 

Sec. 2284. Cleveland Harbor, Uncompleted Portion of Cut #4, Ohio. 

Sec. 2285. Columbia River, Seafarers Memorial, Hammond, Oregon. 

Sec. 2286. Delaware River, Philadelphia, Pennsylvania to Trenton, New Jersey. 

Sec. 2287. Narragansett Town Beach, Narragansett, Rhode Island. 

Sec. 2288. Quonset Point-Davisville, Rhode Island. 

TITLE III—FLOOD AND COASTAL STORM DAMAGE REDUCTION 

Subtitle A—Flood Damage Reduction 

CHAPTER 1—GENERAL PROVISIONS

Sec. 3001. Construction of flood control projects by non-Federal interests. 

CHAPTER 2—CONTINUING AUTHORITIES PROGRAMS

Sec. 3101. Protection and restoration due to emergencies at shores and 

streambanks. 

CHAPTER 3—STUDIES
5

•S 2773 RS 

Sec. 3201. Nicholas Canyon, Los Angeles, California. 

Sec. 3202. Comprehensive flood protection project, St. Helena, California. 

Sec. 3203. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island, California. 

Sec. 3204. South San Francisco Bay shoreline study, California. 

Sec. 3205. Lake Erie at Luna Pier, Michigan. 

Sec. 3206. Middle Bass Island State Park, Middle Bass Island, Ohio. 

CHAPTER 4—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 3301. Tanque Verde Creek Project, Pima County, Arizona. 

Sec. 3302. Hamilton City, California. 

Sec. 3303. Middle Creek, Lake County, California. 

Sec. 3304. Indian River Lagoon, South Florida. 

Sec. 3305. Picayune Strand ecosystem restoration, Collier County, Florida. 

Sec. 3306. Swope Park Industrial Area, Missouri. 

Sec. 3307. Southwest Valley, Albuquerque, New Mexico. 

SUBCHAPTER B—MODIFICATIONS

Sec. 3311. St. Francis Basin, Arkansas and Missouri. 

Sec. 3312. Augusta and Clarendon, Arkansas. 

Sec. 3313. St. Francis Basin land transfer, Arkansas and Missouri. 

Sec. 3314. Red-Ouachita River Basin, Arkansas and Louisiana. 

Sec. 3315. Cache Creek Basin, California. 

Sec. 3316. Llagas Creek, California. 

Sec. 3317. Magpie Creek, California. 

Sec. 3318. Sacramento and American Rivers flood control, California. 

Sec. 3319. Upper Guadalupe River, California. 

Sec. 3320. Yuba River Basin project, California. 

Sec. 3321. Dworshak Reservoir improvements, Idaho. 

Sec. 3322. Little Wood River, Gooding, Idaho. 

Sec. 3323. Cache River Levee, Illinois. 

Sec. 3324. Missouri and Illinois flood protection projects reconstruction pilot 

program. 

Sec. 3325. Spunky Bottom, Illinois. 

Sec. 3326. Cumberland, Maryland. 

Sec. 3327. Land exchange, Pike County, Missouri. 

Sec. 3328. Lake Girard Lake Dam, Ohio. 

Sec. 3329. University of Oregon Museum of Natural History, Oregon. 

Sec. 3330. Tioga Township, Pennsylvania. 

Sec. 3331. Harris Fork Creek, Tennessee and Kentucky. 

Sec. 3332. Nonconnah Weir, Memphis, Tennessee. 

Sec. 3333. Harris County, Texas. 

Sec. 3334. Chehalis River, Centralia, Washington. 

Sec. 3335. Erosion control, Puget Island, Wahkiakum County, Washington. 

Sec. 3336. Lower Mud River, Milton, West Virginia. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 3341. Little Cove Creek, Glencoe, Alabama. 

Sec. 3342. Winslow, Arizona. 

Sec. 3343. Goleta and Vicinity, California. 

Sec. 3344. Shingle Creek Basin, Florida. 

Sec. 3345. Brevoort, Indiana.
6

•S 2773 RS 

Sec. 3346. Middle Wabash, Greenfield Bayou, Indiana. 

Sec. 3347. Lake George, Hobart, Indiana. 

Sec. 3348. Green Bay Levee and Drainage District No. 2, Iowa. 

Sec. 3349. Eagle Creek Lake, Kentucky. 

Sec. 3350. Hazard, Kentucky. 

Sec. 3351. Taylorsville Lake, Kentucky. 

Sec. 3352. West Kentucky Tributaries, Kentucky. 

Sec. 3353. Bayou Cocodrie and Tributaries, Louisiana. 

Sec. 3354. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana. 

Sec. 3355. Platte River Flood and Related Streambank Erosion Control, Nebraska. 

Sec. 3356. Sugar Creek Basin, North Carolina and South Carolina. 

Sec. 3357. Parker Lake, Muddy Boggy Creek, Oklahoma. 

Sec. 3358. Chartiers Creek, Cannonsburg (Houston Reach Unit 2B), Pennsylvania. 

Sec. 3359. Tioga-Hammond Lakes, Pennsylvania. 

Sec. 3360. Tamaqua, Pennsylvania. 

Sec. 3361. Arroyo Colorado, Texas. 

Sec. 3362. Cypress Creek-Structural, Texas. 

Sec. 3363. East Fork Channel Improvement, Increment 2, East Fork of the 

Trinity River, Texas. 

Sec. 3364. Falfurrias, Texas. 

Sec. 3365. Pecan Bayou Lake, Texas. 

Sec. 3366. Kanawha River, Charleston, West Virginia. 

Subtitle B—Coastal Storm Damage Reduction 

CHAPTER 1—GENERAL PROVISIONS

Sec. 3401. Shore protection and beach renourishment projects. 

Sec. 3402. Regional sediment management. 

Sec. 3403. National shoreline erosion control development and demonstration 

program. 

Sec. 3404. Shore protection projects. 

CHAPTER 2—STUDIES

Sec. 3411. Oceanside, California, shoreline special study. 

CHAPTER 3—PROJECTS

SUBCHAPTER A—AUTHORIZATIONS

Sec. 3421. Coastal Louisiana ecosystem protection and restoration. 

Sec. 3422. Morganza, Louisiana to the Gulf of Mexico. 

Sec. 3423. New Jersey Shore protection, Manasquan Inlet to Barnegat Inlet, 

New Jersey. 

Sec. 3424. South River, New Jersey. 

Sec. 3425. Montauk Point, New York. 

Sec. 3426. Coastal wetland conservation project funding. 

SUBCHAPTER B—MODIFICATIONS

Sec. 3431. Imperial Beach, California. 

Sec. 3432. Lido Key Beach, Sarasota, Florida. 

Sec. 3433. Orchard Beach, Bronx, New York. 
7

•S 2773 RS 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 3441. Fort Livingston, Grand Terre Island, Louisiana. 

TITLE IV—ECOSYSTEM RESTORATION AND ENVIRONMENTAL 

REMEDIATION PROGRAM 

Subtitle A—Ecosystem Restoration 

CHAPTER 1—GENERAL PROVISIONS

Sec. 4001. Cost sharing for monitoring. 

Sec. 4002. Ecosystem restoration benefits. 

Sec. 4003. Great Lakes Interagency Task Force. 

CHAPTER 2—CONTINUING AUTHORITIES PROGRAMS

Sec. 4101. Restoration of the environment for protection of aquatic and riparian ecosystems program. 

Sec. 4102. Environmental modification of projects for improvement and restoration of ecosystems program. 

Sec. 4103. Projects to enhance estuaries and coastal habitats. 

CHAPTER 3—STUDIES

SUBCHAPTER A—STUDY AUTHORIZATIONS

Sec. 4201. Lake Champlain Canal study, Vermont and New York. 

Sec. 4202. Eurasian milfoil. 

SUBCHAPTER B—STUDY MODIFICATIONS

Sec. 4211. 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. Salton Sea restoration, California. 

Sec. 4305. South Platte River, Denver, Colorado. 

Sec. 4306. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois. 

Sec. 4307. Smith Island, Maryland. 

Sec. 4308. Upper Connecticut River Basin ecosystem restoration, New Hampshire and Vermont. 

Sec. 4309. Upper Connecticut River Basin wetland restoration, New Hampshire 

and Vermont. 

Sec. 4310. Jamaica Bay, Marine Park and Plumb Beach, Queens and Brooklyn, New York. 

Sec. 4311. Long Island Sound oyster restoration, New York and Connecticut. 

Sec. 4312. Upper Willamette River watershed ecosystem restoration, Oregon. 

Sec. 4313. Riverside Oxbow, Fort Worth, Texas. 

Sec. 4314. Connecticut River Dams, Vermont. 

SUBCHAPTER B—MODIFICATIONS

Sec. 4321. Hamilton Airfield, California. 

Sec. 4322. Allatoona Lake, Georgia. 
8

•S 2773 RS 

Sec. 4323. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and 

West Virginia. 

Sec. 4324. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 4325. Onondaga Lake, New York. 

Sec. 4326. Missouri River restoration, North Dakota. 

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

Sec. 4328. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial wildlife habitat restoration, South Dakota.

Sec. 4329. Missouri River restoration, South Dakota. 

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

Sec. 4331. Lake Champlain Eurasian milfoil and water chestnut control, 

Vermont. 

Sec. 4332. Lake Champlain Watershed, Vermont and New York. 

Sec. 4333. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 4334. Lakes program. 

Sec. 4335. Estuary restoration. 

SUBCHAPTER C—DEAUTHORIZATIONS

Sec. 4351. Dog River Pilot Project, Alabama. 

Sec. 4352. Central and Southern Florida, Everglades National Park, Florida. 

Subtitle B—Environmental Remediation 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 4401. Remediation of abandoned mine sites. 

CHAPTER 2—MODIFICATIONS

Sec. 4411. Environmental remediation, Front Royal, Virginia. 

TITLE V—WATER STORAGE AND WATER QUALITY 

Subtitle A—Water Storage Program 

CHAPTER 1—CONTINUING AUTHORITIES PROGRAMS

Sec. 5101. Small projects for the rehabilitation or removal of dams. 

CHAPTER 2—STUDIES

Sec. 5201. Selenium study, Colorado. 

CHAPTER 3—PROJECTS

SUBCHAPTER A—MODIFICATIONS

Sec. 5301. Union Lake, Missouri. 

Sec. 5302. Fort Peck Fish Hatchery, Montana. 

Sec. 5303. Arcadia Lake, Oklahoma. 

Sec. 5304. Waurika Lake, Oklahoma. 

Sec. 5305. Dam remediation, Vermont. 

Sec. 5306. Mississippi River headwaters reservoirs. 

SUBCHAPTER B—DEAUTHORIZATIONS

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

and Tennessee. 
9

•S 2773 RS 

Subtitle B—Water Quality 

CHAPTER 1—GENERAL PROVISIONS

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

Sec. 5402. Electronic submission of permit applications. 

CHAPTER 2—DEAUTHORIZATION OF PROJECTS

Sec. 5421. Bridgeport, Connecticut. 

Sec. 5422. Hartford, Connecticut. 

Sec. 5423. New Haven, Connecticut. 

Sec. 5424. Casco Bay, Portland, Maine. 

Sec. 5425. Penobscot River, Bangor, Maine. 

Sec. 5426. Saint John River Basin, Maine. 

Sec. 5427. Epping, New Hampshire. 

Sec. 5428. Manchester, New Hampshire. 

Subtitle C—Watershed Planning Programs 

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

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

Maryland, Pennsylvania, and Virginia.

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.—

10 ‘‘(A) IN GENERAL.—An agreement under 

11 paragraph (1) shall provide that the Secretary 

12 shall credit toward the non-Federal share of the 

13 cost of the project, including a project imple14 mented under general continuing authority, the 
10

•S 2773 RS 

1 value of in-kind contributions made by the non2 Federal interest, including—

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

4 data collection), design, management, miti5 gation, construction, and construction serv6 ices that are provided by the non-Federal 

7 interest for implementation of the project; 

8 and 

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

10 provided before execution of an agreement 

11 for the project, including—

12 ‘‘(I) efforts on constructed ele13 ments incorporated into the project; 

14 and 

15 ‘‘(II) materials and services pro16 vided after an agreement is executed. 

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

18 credit an in-kind contribution under subpara19 graph (A) if the Secretary determines that the 

20 property or service provided as an in-kind con21 tribution is integral to the project. 

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

23 a project—

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

25 share of the cost of the project;
11

•S 2773 RS 

1 ‘‘(ii) shall not alter any other require2 ment that a non-Federal interest provide 

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

4 area for disposal of dredged material for 

5 the project; and 

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

7 reasonable costs of the materials, services, 

8 or other things provided by the non-Fed9 eral interest, as determined by the Sec10 retary.’’. 

11 SEC. 1002. INTERAGENCY AND INTERNATIONAL SUPPORT 

12 AUTHORITY. 

13 (a) SUPPORT AUTHORITY.—Section 234 of the Water 

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

15 is amended—

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

17 following: 

18 ‘‘(a) IN GENERAL.—The Secretary may engage in ac19 tivities (including contracting) in support of other Federal 

20 agencies, international organizations, or foreign govern21 ments to address problems of national significance to the 

22 United States.’’; 

23 (2) in subsection (b), by striking ‘‘Secretary of 

24 State’’ and inserting ‘‘Department of State’’; and 
12

•S 2773 RS 

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

2 fiscal year 2001’’ and inserting ‘‘$1,000,000 for fis3 cal year 2005’’. 

4 (b) NECESSARY SERVICES.—The Secretary may pro5 vide necessary services for projects and activities for each 

6 of the following locations: 

7 (1) Lake Wappanoca, Arkansas. 

8 (2) Arkansas Valley Conduit, Colorado. 

9 (3) Egmont Key, Florida. 

10 (4) Wind River Irrigation Project, Wyoming. 

11 SEC. 1003. TRAINING FUNDS. 

12 (a) IN GENERAL.—The Secretary may include indi13 viduals from the private sector in training classes and 

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

15 which the Secretary determines that it is in the best inter16 est of the Federal Government to include those individuals 

17 as participants. 

18 (b) EXPENSES.—

19 (1) IN GENERAL.—An individual from the pri20 vate sector attending a training class or course de21 scribed in subsection (a) shall pay the full cost of 

22 the training provided to the individual. 

23 (2) PAYMENTS.—Payments made by an indi24 vidual for training received under paragraph (1), up 

25 to the actual cost of the training—
13

•S 2773 RS 

1 (A) may be retained by the Secretary; 

2 (B) shall be credited to an appropriation 

3 or account used for paying training costs; and 

4 (C) shall be available for use by the Sec5 retary, without further appropriation, for train6 ing purposes. 

7 (3) EXCESS AMOUNTS.—Any payments received 

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

9 cost of training provided shall be credited as mis10 cellaneous receipts to the Treasury of the United 

11 States. 

12 SEC. 1004. RECREATION USER FEES. 

13 Section 225 of the Water Resources Development Act 

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

15 is amended—

16 (1) in subsection (a)—

17 (A) in paragraph (1)—

18 (i) by striking ‘‘During fiscal years 

19 1999 through 2002, the’’ and inserting 

20 ‘‘The’’; and 

21 (ii) by striking ‘‘above a baseline of 

22 $34,000,000 per each fiscal year’’; and 

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

25 (2) in subsection (b)—
14

•S 2773 RS 

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 ‘‘at the specific project 

11 from which the amount, above baseline,’’ and 

12 inserting ‘‘by the District of the Corps of Engi13 neers from which the amount’’; and 

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

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

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

17 out a recreation user fee program to attempt to re18 cover from users the costs of operating and main19 taining recreation areas or sites on project land. 

20 ‘‘(2) ADMISSION AND USER FEES.—

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

22 program, the Secretary shall charge and collect 

23 fees, in an amount determined under subpara24 graph (B), for—
15

•S 2773 RS 

1 ‘‘(i) admission to the recreation area 

2 or site by individuals or groups; or 

3 ‘‘(ii) the use of outdoor recreation 

4 sites, facilities, visitor centers, equipment, 

5 and services by individuals and groups. 

6 ‘‘(B) AMOUNT.—The Secretary shall deter7 mine the amount of fees charged and collected 

8 under subparagraph (A), which, to maximize 

9 the recreation benefits of the projects, shall be 

10 based on the fair market value of the admission 

11 or use. 

12 ‘‘(C) CONTRACT.—The Secretary may—

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

14 contract that provides for reasonable com15 missions) with any public or private entity 

16 to provide visitor services for the recreation 

17 area or site, including taking reservations 

18 and providing information on the recre19 ation area or site; and 

20 ‘‘(ii) accept the services of volunteers 

21 to collect the fees charged under subpara22 graph (A). 

23 ‘‘(3) LEASES.—

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

25 charge and collect rents for any lease entered
16

•S 2773 RS 

1 into between the Secretary and a non-Federal 

2 entity relating to project land. 

3 ‘‘(B) TERM.—A lease entered into under 

4 subparagraph (A)—

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

6 not more than 25 years; and 

7 ‘‘(ii) may be renewed for an additional 

8 25–year term. 

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

10 under subparagraph (A) shall provide that the 

11 lease shall be terminated if the Secretary deter12 mines that the project land subject to the lease 

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

14 recreation or any other purpose specified in the 

15 lease. 

16 ‘‘(D) PAYMENTS IN LIEU OF TAXES.—

17 Land leased to non-Federal entities for rec18 reational purposes shall be subject to chapter 

19 69 of title 31, United States Code. 

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

21 under this section shall be in lieu of fees charged 

22 under any other provision of law.’’. 

23 SEC. 1005. CORPS OF ENGINEERS RIVER STEWARDSHIP 

24 COMMISSION. 

25 (a) DEFINITIONS.—In this section: 
17

•S 2773 RS 

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 (b) ESTABLISHMENT OF COMMISSION.—

9 (1) IN GENERAL.—There is established a com10 mission to be known as the ‘‘Corps of Engineers 

11 River Stewardship Commission’’. 

12 (2) MEMBERSHIP.—

13 (A) IN GENERAL.—The Commission shall 

14 be composed of 23 members, consisting of—

15 (i) 20 members, including 5 members 

16 appointed by each of the Majority Leader 

17 and Minority Leader of the Senate and the 

18 Speaker and Minority Leader of the House 

19 of Representatives, that—

20 (I) represent the various interests 

21 of the public; and 

22 (II) include individuals rep23 resenting—

24 (aa) environmental groups; 
18

•S 2773 RS 

1 (bb) the hydroelectric power 

2 industry; 

3 (cc) recreation user groups; 

4 (dd) flood control interests; 

5 (ee) navigation interests; 

6 (ff) State governments, in7 cluding wildlife and natural re8 source agencies; 

9 (gg) Indian tribal govern10 ments; and 

11 (hh) other affected interests; 

12 (ii) the Administrator of the Environ13 mental Protection Agency; 

14 (iii) the Assistant Secretary of the 

15 Army for Civil Works; and 

16 (iv) the Director of the United States 

17 Fish and Wildlife Service. 

18 (B) DATE OF APPOINTMENTS.—The ap19 pointment of a member of the Commission shall 

20 be made not later than 90 days after the date 

21 of enactment of this Act. 

22 (3) TERM; VACANCIES.—

23 (A) TERM.—A member shall be appointed 

24 for the life of the Commission. 
19

•S 2773 RS 

1 (B) VACANCIES.—A vacancy on the Com2 mission—

3 (i) shall not affect the powers of the 

4 Commission; and 

5 (ii) shall be filled in the same manner 

6 as the original appointment was made. 

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

8 after the date on which all members of the Commis9 sion have been appointed, the Commission shall hold 

10 the initial meeting of the Commission. 

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

12 the call of the Chairperson. 

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

14 the Commission shall constitute a quorum, but a 

15 lesser number of members may hold hearings. 

16 (7) CHAIRPERSON AND VICE CHAIRPERSON.—

17 (A) IN GENERAL.—The Commission shall 

18 select a Chairperson and Vice Chairperson from 

19 among the members of the Commission. 

20 (B) NO CORPS REPRESENTATIVE.—The 

21 Chairperson and the Vice Chairperson shall not 

22 be representatives of the Department of the 

23 Army (including the Corps of Engineers). 

24 (c) INVESTIGATION OF CORPS OF ENGINEERS.—Not 

25 later than 2 years after the date of enactment of this Act, 
20

•S 2773 RS 

1 the Commission shall complete an investigation and sub2 mit to Congress a report on the management of rivers in 

3 the United States by the Corps of Engineers, with empha4 sis on—

5 (1) compliance with environmental laws in the 

6 design and operation of river management projects, 

7 including—

8 (A) the Fish and Wildlife Coordination Act 

9 (16 U.S.C. 661 et seq.); 

10 (B) the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.); 

12 (C) the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.); and 

14 (D) the Federal Water Pollution Control 

15 Act (33 U.S.C. 1251 et seq.); 

16 (2) compliance with the cultural resource laws 

17 that protect Native American graves, traditional cul18 tural properties, and Native American sacred sites in 

19 the design and operation of river management 

20 projects, including—

21 (A) the National Historic Preservation Act 

22 (16 U.S.C. 470 et seq.); 

23 (B) the Archaeological Resources Protec24 tion Act of 1979 (16 U.S.C. 470aa et seq.);
21

•S 2773 RS 

1 (C) the Native American Graves Protection 

2 and Repatriation Act (25 U.S.C. 3001 et seq.); 

3 (D) Executive Order No. 13007 (61 Fed. 

4 Reg. 26771; relating to Indian sacred sites); 

5 (E) identification of opportunities for de6 veloping tribal cooperative management agree7 ments for erosion control, habitat restoration, 

8 cultural resource protection, and enforcement; 

9 (F) review of policy and guidance con10 cerning nondisclosure of sensitive information 

11 on the character, nature, and location of tradi12 tional cultural properties and sacred sites; and 

13 (G) review of the effectiveness of govern14 ment-to-government consultation by the Corps 

15 of Engineers with Indian tribes and members of 

16 Indian tribes in cases in which the river man17 agement functions and activities of the Corps of 

18 Engineers affect Indian land and Native Amer19 ican natural and cultural resources; 

20 (3) the quality and objectivity of scientific, envi21 ronmental, and economic analyses by the Corps of 

22 Engineers, including—

23 (A) the use of independent reviewers of 

24 analyses performed by the Corps of Engineers; 

25 and 
22

•S 2773 RS 

1 (B) the implementation of recommenda2 tions made by those reviewers; 

3 (4) the extent of coordination and cooperation 

4 by the Corps of Engineers with Federal and State 

5 agencies (such as the United States Fish and Wild6 life Service) and Indian tribes in carrying out river 

7 management responsibilities, including the imple8 mentation of any recommendations of those agencies 

9 and Indian tribes; 

10 (5) the extent to which river management stud11 ies conducted by the Corps of Engineers fairly and 

12 effectively balance the goals of public and private in13 terests, such as wildlife, recreation, navigation, and 

14 hydropower interests; 

15 (6) whether river planning laws (including regu16 lations) should be amended; and 

17 (7) whether the river management functions of 

18 the Corps of Engineers should be transferred from 

19 the Department of the Army to a Federal civilian 

20 agency. 

21 (d) POWERS.—

22 (1) HEARINGS.—The Commission may hold 

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

24 take such testimony, and receive such evidence as 
23

•S 2773 RS 

1 the Commission considers advisable to carry out this 

2 section. 

3 (2) INFORMATION FROM FEDERAL AGENCIES.—

4 (A) IN GENERAL.—The Commission may 

5 secure directly from a Federal department or 

6 agency such information as the Commission 

7 considers necessary to carry out this section. 

8 (B) PROVISION OF INFORMATION.—On re9 quest of the Chairperson of the Commission, 

10 the head of the department or agency shall pro11 vide the information to the Commission. 

12 (3) POSTAL SERVICES.—The Commission may 

13 use the United States mails in the same manner and 

14 under the same conditions as other departments and 

15 agencies of the Federal Government. 

16 (e) COMMISSION PERSONNEL MATTERS.—

17 (1) COMPENSATION OF MEMBERS.—

18 (A) NON-FEDERAL EMPLOYEES.—A mem19 ber of the Commission who is not an officer or 

20 employee of the Federal Government shall be 

21 compensated at a rate equal to the daily equiva22 lent of the annual rate of basic pay prescribed 

23 for level IV of the Executive Schedule under 

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

25 each day (including travel time) during which 
24

•S 2773 RS 

1 the member is engaged in the performance of 

2 the duties of the Commission. 

3 (B) FEDERAL EMPLOYEES.—A member of 

4 the Commission who is an officer or employee 

5 of the Federal Government shall serve without 

6 compensation in addition to the compensation 

7 received for the services of the member as an 

8 officer or employee of the Federal Government. 

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

10 Commission shall be allowed travel expenses, includ11 ing per diem in lieu of subsistence, at rates author12 ized for an employee of an agency under subchapter 

13 I of chapter 57 of title 5, United States Code, while 

14 away from the home or regular place of business of 

15 the member in the performance of the duties of the 

16 Commission. 

17 (3) STAFF.—

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

19 Commission may, without regard to the civil 

20 service laws (including regulations), appoint 

21 and terminate an executive director and such 

22 other additional personnel as are necessary to 

23 enable the Commission to perform the duties of 

24 the Commission. 
25

•S 2773 RS 

1 (B) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director 

3 shall be subject to confirmation by the Commis4 sion. 

5 (C) COMPENSATION.—

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), the Chairperson of the Com8 mission may fix the compensation of the 

9 executive director and other personnel 

10 without regard to the provisions of chapter 

11 51 and subchapter III of chapter 53 of 

12 title 5, United States Code, relating to 

13 classification of positions and General 

14 Schedule pay rates. 

15 (ii) COMPENSATION.—The rate of pay 

16 for the executive director and other per17 sonnel shall be an appropriate amount 

18 commensurate with experience, but may 

19 not exceed the rate payable for level V of 

20 the Executive Schedule under section 5316 

21 of title 5, United States Code. 

22 (4) DETAIL OF FEDERAL GOVERNMENT EM23 PLOYEES.—
26

•S 2773 RS 

1 (A) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Commission without reimbursement. 

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

5 the employee shall be without interruption or 

6 loss of civil service status or privilege. 

7 (5) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—The Chairperson of the Com9 mission may procure temporary and intermittent 

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

11 5, United States Code, at rates for individuals that 

12 do not exceed the daily equivalent of the annual rate 

13 of basic pay prescribed for level V of the Executive 

14 Schedule under section 5316 of that title. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $5,000,000 for each of fiscal years 2005 through 2007, 

18 to remain available until expended. 

19 (g) TERMINATION OF COMMISSION.—The Commis20 sion shall terminate—

21 (1) on the date on which the Commission sub22 mits to Congress the report under subsection (c); or 

23 (2) if the Commission fails to submit the report 

24 under subsection (c) by the date specified in that 

25 subsection, on the date that is 60 days after the 
27

•S 2773 RS 

1 date on which the report is due under that sub2 section. 

3 SEC. 1006. IMPROVEMENT OF WATER MANAGEMENT AT 

4 CORPS OF ENGINEERS RESERVOIRS. 

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

6 maintenance, by the Corps of Engineers, of reservoirs in 

7 existence as of the date of enactment of this Act, the Sec8 retary shall carry out measures to more effectively and 

9 efficiently meet the water resource needs of areas affected 

10 by the reservoirs. 

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

12 the measures in cooperation and coordination with States, 

13 tribal governments, and local governments. 

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

15 Secretary may—

16 (1) conduct studies to identify unused or addi17 tional water storage capacity at reservoirs; 

18 (2) review operational plans and implement 

19 changes to improve water storage capacity and deliv20 ery to users; 

21 (3) improve data collection systems and forecast 

22 models that enhance storage and delivery; and 

23 (4) conduct sediment studies and implement 

24 sediment management or removal measures. 

25 (d) REVENUES.—
28

•S 2773 RS 

1 (1) IN GENERAL.—All revenues collected in con2 nection with reservoirs operated by the Corps of En3 gineers for navigation, flood control, or multiple pur4 pose projects, except revenues collected for the pur5 pose of recreation, shall be credited to the revolving 

6 fund established under section 101 of the Civil 

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

8 701b–10). 

9 (2) AVAILABILITY.—

10 (A) DISTRICT FROM WHICH REVENUE IS

11 RECEIVED.—

12 (i) IN GENERAL.—Subject to clause 

13 (ii), 80 percent of the revenue received 

14 from each District of the Corps of Engi15 neers shall be available for defraying the 

16 costs of planning, operation, maintenance, 

17 replacements, and upgrades of, and emer18 gency expenditures for, all facilities of the 

19 Corps of Engineers projects within that 

20 District. 

21 (ii) SOURCE OF PAYMENTS.—With re22 spect to each activity described in clause 

23 (i), costs of planning, operation, mainte24 nance, replacements, and upgrades of fa25 cilities of the Corps of Engineers for the 
29

•S 2773 RS 

1 project shall be paid from available reve2 nues received from the project. 

3 (B) AGENCY-WIDE.—20 percent of the rev4 enue received from each District of the Corps of 

5 Engineers shall be available agency-wide for de6 fraying the costs of planning, operation, main7 tenance, replacements, and upgrades of, and 

8 emergency expenditures for, all Corps of Engi9 neers projects. 

10 (3) COSTS OF WATER SUPPLY STORAGE.—In 

11 the case of a reservoir operated or maintained by the 

12 Corps of Engineers on the date of enactment of this 

13 Act, the storage charge for a future contract or con14 tract renewal for water supply storage at the res15 ervoir shall not exceed the net change in receipts or 

16 outlays to the Treasury due to the reallocation of 

17 storage. 

18 (e) HYDROELECTRIC MAINTENANCE FEES.—Power 

19 marketing administrators (other than the administrator of 

20 the Bonneville Power Administration) receiving electricity 

21 from projects operated by the Corps of Engineers shall 

22 pay 0.22 cents per kilowatt-hour as reimbursement for the 

23 operation and maintenance expense associated with the 

24 project during the period of fiscal years 2005 through 

25 2010. 
30

•S 2773 RS 

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

2 shall submit to the Committee on Environment and Public 

3 Works of the Senate and the Committee on Transpor4 tation and Infrastructure of the House of Representatives 

5 a report that—

6 (1) details the estimated cost of operation and 

7 maintenance associated with hydroelectric facilities; 

8 and 

9 (2) recommends an appropriate reimbursement 

10 rate calculated on a per-kilowatt basis. 

11 SEC. 1007. FISCAL TRANSPARENCY REPORT. 

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

13 of each year beginning January 18, 2005, the Chief of 

14 Engineers shall submit to the Committee of Environment 

15 and Public Works of the Senate and the Transportation 

16 and Infrastructure Committee of the House of Represent17 atives a report on the expenditures for the preceding fiscal 

18 year and estimated expenditures for the current fiscal 

19 year. 

20 (b) CONTENTS.—In addition to the information de21 scribed in subsection (a), the report shall contain a de22 tailed accounting of the following information: 

23 (1) With respect to general construction, infor24 mation on—
31

•S 2773 RS 

1 (A) projects currently under construction, 

2 including—

3 (i) allocations to date; 

4 (ii) the number of years remaining to 

5 complete construction; 

6 (iii) the estimated annual Federal cost 

7 to maintain that construction schedule; 

8 and 

9 (iv) a list of projects the Corps of En10 gineers expects to complete during the cur11 rent fiscal year; and 

12 (B) projects for which there is a signed 

13 cost-sharing agreement and completed planning, 

14 engineering, and design, including—

15 (i) the number of years the project is 

16 expected to require for completion; and 

17 (ii) estimated annual Federal cost to 

18 maintain that construction schedule. 

19 (2) With respect to operation and maintenance 

20 of the inland and intracoastal waterways under sec21 tion 206 of Public Law 95–502 (33 U.S.C. 1804)—

22 (A) the estimated annual cost to maintain 

23 each waterway for the authorized reach and at 

24 the authorized depth; and 
32

•S 2773 RS 

1 (B) the estimated annual cost of operation 

2 and maintenance of locks and dams to ensure 

3 navigation without interruption. 

4 (3) With respect to general investigations and 

5 reconnaissance and feasibility studies—

6 (A) the number of active studies; 

7 (B) the number of completed studies not 

8 yet authorized for construction; 

9 (C) the number of initiated studies; and 

10 (D) the number of studies expected to be 

11 completed during the fiscal year. 

12 (4) Funding received and estimates of funds to 

13 be received for interagency and international support 

14 activities under section 318(a) of the Water Re15 sources Development Act of 1990 (33 U.S.C. 

16 2323(a)). 

17 (5) Recreation fees and lease payments. 

18 (6) Hydropower and water supply fees. 

19 (7) Deposits into the Inland Waterway Trust 

20 Fund and the Harbor Maintenance Trust Fund. 

21 (8) Other revenues and fees collected. 

22 (9) With respect to permit applications and no23 tifications, a list of individual permit applications 

24 and nationwide permit notifications, including—
33

•S 2773 RS 

1 (A) the date on which each permit applica2 tion is filed; 

3 (B) the date on which each permit applica4 tion is determined to be complete; and 

5 (C) the date on which the Corps of Engi6 neers grants, withdraws, or denies each permit. 

7 (10) With respect to the project backlog, a list 

8 of authorized projects for which no funds have been 

9 allocated for the 5 preceding fiscal years, including, 

10 for each project—

11 (A) the authorization date; 

12 (B) the last allocation date; 

13 (C) the percentage of construction com14 pleted; 

15 (D) the estimated cost remaining until 

16 completion of the project; and 

17 (E) a brief explanation of the reasons for 

18 the delay. 

19 SEC. 1008. PLANNING. 

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

21 Section 904 of the Water Resources Development Act of 

22 1986 (33 U.S.C. 2281) is amended by adding at the end 

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

24 water resources project and each project increment is cost25 effective and whether the water resource project complies 
34

•S 2773 RS 

1 with local, State, and national laws, regulations, and pub2 lic policies.’’. 

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

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

5 2282) is amended—

6 (1) in subsection (a), by inserting before ‘‘This 

7 subsection shall not apply’’ the following: ‘‘The Sec8 retary shall, in collaboration with the Water Re9 sources Planning Council, revise the planning guide10 lines, regulation, and circulars of the Corps of Engi11 neers not later than 18 months after the date of en12 actment of the Water Resources Development Act of 

13 2004 and once every 5 years thereafter to improve 

14 the analysis of water resources projects, including 

15 the integration of new and existing analytical tech16 niques that properly reflect the probability of project 

17 benefits and costs.’’; and 

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

19 following: 

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

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

22 quantified and unquantified, which analysis shall—

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

24 the analysis; 
35

•S 2773 RS 

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

2 the estimated benefits and costs of the effectiveness 

3 of alternative plans, including an assessment of the 

4 credibility of the project construction schedule as the 

5 schedule affects the estimated benefits and costs; 

6 ‘‘(3) identify local, regional, and national eco7 nomic costs and benefits; 

8 ‘‘(4) identify environmental costs and benefits, 

9 including the costs and benefits of protecting or de10 grading natural systems; 

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

12 a risk analysis regarding potential loss of life that 

13 may result from flooding and storm damage; 

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

15 benefits; 

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

17 costs any increase in direct Federal payments or 

18 subsidies; 

19 ‘‘(8) exclude as a benefit—

20 ‘‘(A) any increase in direct Federal pay21 ments or subsidies; and 

22 ‘‘(B) any project benefit attributable to 

23 any change in, or intensification of, land use 

24 arising from the draining, reduction, or elimi25 nation of wetlands; and
36

•S 2773 RS 

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

2 used by other Federal agencies for water resource 

3 projects.’’. 

4 (c) DURATION.—Section 905 of the Water Resources 

5 Development Act of 1986 (33 U.S.C. 2282) is amended 

6 by adding at the end the following: 

7 ‘‘(f) DURATION.—The duration of a feasibility study 

8 shall normally be not more than 2 years, but in no case 

9 may be longer than 3 years.’’. 

10 SEC. 1009. WATER RESOURCES PLANNING COUNCIL. 

11 (a) ESTABLISHMENT.—

12 (1) IN GENERAL.—The Secretary shall establish 

13 within the civil works function of the Department of 

14 the Army a Water Resources Planning Council (re15 ferred to in this section as the ‘‘Council’’) to inte16 grate planning policies that guide the use of econom17 ics, environmental, engineering, scientific, and tech18 nical information to support the recommendations of 

19 the Chief of Engineers for implementation of water 

20 resources projects including peer review of such in21 formation. 

22 (2) ADVISORY ROLE.—The Council shall advise 

23 the Chief of Engineers in addressing concerns that 

24 may arise regarding the integration of policy and 

25 science in decisionmaking. 
37

•S 2773 RS 

1 (3) MEMBERSHIP.—The Council shall be com2 prised of representatives of the following: 

3 (A) Non-Federal interests from various 

4 water resource project purposes. 

5 (B) States resource agencies. 

6 (C) The Department of Interior. 

7 (D) The Department of Agriculture. 

8 (E) The Council on Environmental Qual9 ity. 

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

11 duties: 

12 (1) Providing technical and managerial assist13 ance to district engineers for project planning, devel14 opment, and implementation. 

15 (2) Providing independent peer reviews of new 

16 major scientific, engineering, or economic methods, 

17 models or analyses that will be used to support deci18 sions of the Secretary with respect to feasibility 

19 studies. 

20 (3) Performing such other duties as prescribed 

21 by the Secretary. 

22 (c) WATER RESOURCES PLANNING PROCESS IM23 PROVEMENTS.—The Council shall—

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

25 methods, models and procedures used in the Corps 
38

•S 2773 RS 

1 of Engineers planning process to formulate and 

2 evaluate water resources projects; 

3 (2) identify other existing or new methods, 

4 models, or procedures that may enhance the water 

5 resources planning process; 

6 (3) establish a systematic process and define 

7 criteria for evaluating and validating the effective8 ness and efficiency of all methods, models, and pro9 cedures; 

10 (4) develop and maintain a set of approved 

11 methods, models, and procedures to be applied to 

12 the water resources planning process across the 

13 Corps of Engineers; 

14 (5) develop and maintain effective systems for 

15 technology transfer and support to provide state of 

16 the art skills and knowledge to the workforce; 

17 (6) identify the discrete elements of studies and 

18 establish milestones for the resources required to im19 plement elements to improve the timeliness and ef20 fectiveness of the water resources planning process; 

21 (7) develop and maintain procedures for risk 

22 analysis for estimating projects costs to ensure accu23 rate cost forecasting and minimize cost overruns; 

24 and 
39

•S 2773 RS 

1 (8) assist the Corps of Engineers in carrying 

2 out the improvements. 

3 (d) REPORTS TO CONGRESS.—The Council shall sub4 mit to Congress—

5 (1) not later than 2 years after the date of en6 actment of this Act, a report that includes—

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

8 and procedures to be applied to the water re9 sources planning process across the Corps of 

10 Engineers; and 

11 (B) the milestones developed to measure 

12 the timeliness and effectiveness of the water re13 sources planning process; and 

14 (2) every 5 years thereafter, a report that de15 scribes—

16 (A) the effectiveness of the water resources 

17 planning process in comparison to the estab18 lished milestones; 

19 (B) any independently peer reviewed 

20 changes to the methods, models, and procedures 

21 used; and 

22 (C) a discussion of any planned changes to 

23 the established milestones, including reasons 

24 the changes are necessary. 
40

•S 2773 RS 

1 (e) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 Council is not subject to the Federal Advisory Committee 

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

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section at full Federal expense. 

7 SEC. 1010. INDEPENDENT REVIEWS. 

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

9 project study or report required to be submitted to Con10 gress for authorization, the Inspector General of the Army 

11 shall convene an independent peer review panel (referred 

12 to in this section as a ‘‘panel’’) that is sufficiently broad 

13 and diverse to fairly represent the relevant scientific per14 spectives and fields of knowledge. 

15 (b) MEMBERSHIP.—

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

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

18 reviewers. 

19 (2) PEER REVIEWERS.—Independent peer re20 viewers shall neither be employed by the Corps of 

21 Engineers nor have participated in development of 

22 the work product under review. Independent peer re23 viewers shall be selected on the basis of necessary 

24 technical or scientific expertise, including education 

25 and relevant experience, peer recognition, and con-
41

•S 2773 RS 

1 tributions to the profession. In addition, each inde2 pendent peer reviewer shall have significant experi3 ence in the geographic area or in the type of ecologic 

4 conditions in the area being reviewed. The Inspector 

5 General of the Army shall not appoint an individual 

6 to serve on a panel established under this section for 

7 a project if the individual has a financial interest in 

8 or close professional association with any entity with 

9 a financial interest in the project. The Inspector 

10 General of the Army shall consult with the Institute 

11 for Water Resources, National Academy of Sciences, 

12 American Society of Civil Engineers, and other ap13 propriate academic, scientific, and engineering orga14 nizations in developing a list of candidates to serve 

15 on panels established under this section. 

16 (c) DUTIES.—A panel established for a water re17 sources project under this section shall—

18 (1) review a project study or report required to 

19 be submitted to Congress for authorization for the 

20 project; 

21 (2) assess the adequacy of the economic, sci22 entific, and environmental models used by the Sec23 retary in reviewing the project to ensure that—
42

•S 2773 RS 

1 (A) appropriate and applicable economic 

2 and scientific methods of analysis have been 

3 used; and 

4 (B) the best available economic, scientific, 

5 and environmental data have been used; 

6 (3) address specific technical questions as di7 rected by the Inspector General of the Army; and 

8 (4) not later than the deadline established 

9 under subsection (h), submit to the Secretary a re10 port concerning the economic, engineering, and envi11 ronmental analyses of the project, including the con12 clusions of the panel, with respect to the project 

13 study or report required to be submitted to Congress 

14 for authorization. 

15 (d) SUPPORT FROM SECRETARY.—The Secretary 

16 shall provide each panel with sufficient information (in17 cluding background information about studies or models 

18 and public written and oral comments concerning the 

19 project) to enable the panel to understand the data, ana20 lytic procedures, and assumptions used to support the 

21 findings or conclusions of the draft assessment. The Sec22 retary shall provide the panel with any other information 

23 requested by the panel. 

24 (e) PUBLIC PARTICIPATION.—The Secretary shall 

25 provide written and oral comments received from the pub-
43

•S 2773 RS 

1 lic concerning a project to the panel established for the 

2 project under this section. 

3 (f) REPORT.—Each panel shall prepare a report 

4 that—

5 (1) describes the nature of each independent 

6 peer review conducted, including findings and con7 clusions of the panel, with respect to the study or re8 port requiring congressional authorization to pro9 ceed; and 

10 (2) discloses the names, organizational affili11 ations, and a short paragraph on the credentials and 

12 relevant experiences of each independent peer re13 viewer. 

14 (g) RESPONSE OF SECRETARY TO REPORT.—

15 (1) IN GENERAL.—If the Secretary receives a 

16 report under subsection (f) from a panel under this 

17 section by the applicable deadline at least 14 days 

18 before submitting to Congress a project study or re19 port required to be submitted to Congress for au20 thorization, the Secretary shall take into consider21 ation any recommendations contained in the report 

22 under subsection (f). 

23 (2) RESPONSE.—The Secretary shall prepare a 

24 written response to each report under subsection (f) 

25 explaining—
44

•S 2773 RS 

1 (A) the agreement or disagreement of the 

2 Secretary with that report; 

3 (B) any changes made to a project study 

4 or report required to be submitted to Congress 

5 for authorization in response to that report; 

6 and 

7 (C) if applicable, the reasons the Secretary 

8 believes those actions satisfy any key concerns 

9 or recommendations in that report. 

10 (3) DISSEMINATION.—The Secretary shall dis11 seminate each final independent peer review report 

12 and the written statement of response of the Sec13 retary on the Corps of Engineers website, and all 

14 the materials relating to the independent peer review 

15 shall be included with the submission of the report 

16 of the Chief of Engineers to Congress for the study 

17 or report requiring congressional authorization. 

18 (h) DEADLINE FOR REPORTS.—

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

20 independent peer review for a project study or report 

21 requiring congressional authorization, and submit 

22 the initial report under subsection (f) to the Sec23 retary, not later than 180 days after the date on 

24 which the panel received the draft project study or 

25 report required to be submitted to Congress for au-
45

•S 2773 RS 

1 thorization, but the Inspector General of the Army 

2 may grant a 30-day extension of that deadline for a 

3 panel. 

4 (2) REVIEW NOT COMPLETED.—If a panel does 

5 not complete its independent peer review of a project 

6 study or report requiring congressional authorization 

7 and submit the report under subsection (f) to the 

8 Inspector General of the Army on or before the 

9 deadline established by paragraph (1) for that re10 port, the Secretary may submit the project study or 

11 report required to be submitted to Congress for au12 thorization that is the subject of the independent 

13 peer review by the panel to Congress as scheduled. 

14 (i) APPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT.—The Federal Advisory Committee Act (5 

16 U.S.C. App.) shall not apply to any panel established by 

17 the Secretary under this section. 

18 (j) EFFECT OF SECTION.—Nothing in this section af19 fects any authority of the Secretary to cause or conduct 

20 an independent peer review of the engineering, science, or 

21 technical basis for any water resource project in existence 

22 on the date of enactment of this Act.
46

•S 2773 RS 

1 SEC. 1011. FISH AND WILDLIFE MITIGATION. 

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

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

4 is amended—

5 (1) in the first sentence of paragraph (1)—

6 (A) by inserting ‘‘select in any final envi7 ronmental impact statement, record of decision, 

8 or any general reauthorization report or’’ before 

9 ‘‘submit any proposal’’; and 

10 (B) by inserting ‘‘, environmental impact 

11 statement, record of decision, or general reau12 thorization report’’ after ‘‘such report’’; and 

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

14 ‘‘(3) STANDARDS FOR MITIGATION.— 

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

16 fish and wildlife resulting from a water resource 

17 project, the Secretary shall, at a minimum, ac18 quire and restore the same number of acres of 

19 habitat that fully replace the hydrologic and ec20 ological functions and characteristics of each 

21 acre of habitat adversely affected by the 

22 project. 

23 ‘‘(B) MITIGATION PLAN.— 

24 ‘‘(i) IN GENERAL.—The specific miti25 gation plan for a water resources project
47

•S 2773 RS 

1 described in paragraph (1) shall include, at 

2 a minimum— 

3 ‘‘(I) the recommended plan to 

4 mitigate the impacts of the project as 

5 identified in paragraph (1), including 

6 sufficient detail to permit a thorough 

7 evaluation of the plan’s likelihood of 

8 meeting the success criteria estab9 lished in subclause (II); 

10 ‘‘(II) specific time-dependent suc11 cess criteria, prepared in consultation 

12 with the United States Fish and Wild13 life Service, by which the mitigation 

14 will be evaluated and determined to be 

15 successful; 

16 ‘‘(III) a description, in the Real 

17 Estate Plan, of the land and interests 

18 in land to be used for mitigation and 

19 as the basis for a determination that 

20 land and interests will be available at 

21 the time required; 

22 ‘‘(IV) a schedule for— 

23 ‘‘(aa) monitoring attempted 

24 mitigation implementation; and 
48

•S 2773 RS 

1 ‘‘(bb) evaluating the degree 

2 to which the attempted mitiga3 tion does or does not meet the 

4 success criteria established for 

5 the mitigation plan under sub6 clause (II) until attempted miti7 gation meets the success criteria; 

8 and 

9 ‘‘(V) taking corrective actions in 

10 a case in which mitigation efforts are 

11 not achieving the success criteria. 

12 ‘‘(ii) COST SHARING.—Monitoring 

13 under clause (i)(IV)— 

14 ‘‘(I) shall be cost-shared in ac15 cordance with the original construc16 tion project for a maximum of 10 

17 years; and 

18 ‘‘(II) shall be 100 percent non19 Federal after 10 years. 

20 ‘‘(B) APPLICABLE LAW.—A time period for 

21 mitigation monitoring or for the implementation 

22 and monitoring of contingency plan actions 

23 shall not be subject to the deadlines described 

24 in subsection (b). 
49

•S 2773 RS 

1 ‘‘(4) DETERMINATION OF MITIGATION SUC2 CESS.— 

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

4 considered to be successful at the time at which 

5 monitoring demonstrates that the mitigation 

6 has met the success criteria established in the 

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

8 ‘‘(B) REQUIREMENTS FOR SUCCESS.—To 

9 ensure the success of any attempted mitigation, 

10 the Secretary shall— 

11 ‘‘(i) consult annually with the United 

12 States Fish and Wildlife Service on each 

13 water resource project requiring mitigation 

14 to determine whether mitigation moni15 toring for that project demonstrates that 

16 the project is achieving, or has achieved, 

17 the success criteria established in the miti18 gation plan under paragraph (3); and 

19 ‘‘(ii) ensure that implementation of 

20 correction actions is initiated under para21 graph (3)(B)(i)(V) beginning not later 

22 than 30 days after a finding by the Sec23 retary, either alone or in consultation with 

24 the United States Fish and Wildlife Serv25 ice, that the original mitigation efforts 
50

•S 2773 RS 

1 likely will not result in, or have not re2 sulted in, meeting the success criteria es3 tablished in the mitigation plan under 

4 paragraph (3)(B).’’. 

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

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

7 2283(a)) is amended— 

8 (1) by striking ‘‘(a)(1) In the case’’ and insert9 ing the following: 

10 ‘‘(a) MITIGATION.— 

11 ‘‘(1) IN GENERAL.—In the case’’; 

12 (2) in paragraph (1) (as designated by para13 graph (1)), by striking ‘‘interests—’’ and all that 

14 follows through ‘‘appropriate,’’ and inserting the fol15 lowing: ‘‘interests, whichever the Secretary deter16 mines is appropriate, shall be undertaken or ac17 quired— 

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

19 (other than such acquisition) commences; or 

20 ‘‘(B) concurrently with the acquisition of 

21 land and interests in land for project purposes 

22 (other than mitigation of fish and wildlife 

23 losses);’’; 

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

25 purposes’’ and inserting the following: 
51

•S 2773 RS 

1 ‘‘(2) COMMENCEMENT OF CONSTRUCTION.—

2 For the purpose’’; and 

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

4 ‘‘(3) IMPLEMENTATION.— 

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

6 subparagraph (B), to ensure concurrent mitiga7 tion, the Secretary shall— 

8 ‘‘(i) construct 100 percent of required 

9 off-site mitigation before 50 percent of 

10 construction of a project is completed; and 

11 ‘‘(ii) complete required on-site mitiga12 tion as expeditiously as practicable, but not 

13 later than the last day of construction of 

14 the project or separable element of the 

15 project. 

16 ‘‘(B) EXCEPTION FOR PHYSICAL IMPRAC17 TICABILITY.—In a case in which the Secretary 

18 determines that it is physically impracticable to 

19 meet the requirements of subparagraph (A), the 

20 Secretary shall reserve or reprogram sufficient 

21 funds to ensure that mitigation implementation 

22 is completed as expeditiously as practicable, but 

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

24 year immediately following the last day of con-
52

•S 2773 RS 

1 struction of the project or separable element of 

2 the project. 

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

4 for preconstruction engineering and design, con5 struction, or operations and maintenance shall be 

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

7 (c) MITIGATION TRACKING SYSTEM.— 

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

9 after the date of enactment of this Act, the Sec10 retary shall establish a recordkeeping system to 

11 track, for each water resource project constructed, 

12 operated, or maintained by the Secretary and for 

13 each permit issued under section 404 of the Federal 

14 Water Pollution Control Act (33 U.S.C. 1344)— 

15 (A) the quantity and type of wetland and 

16 other habitat types affected by the project, 

17 project operation, or permitted activity; 

18 (B) the quantity and type of mitigation re19 quired for the project, project operation or per20 mitted activity; 

21 (C) the quantity and type of mitigation 

22 that has been completed for the project, project 

23 operation or permitted activity; and
53

•S 2773 RS 

1 (D) the status of monitoring for the miti2 gation carried out for the project, project oper3 ation or permitted activity. 

4 (2) REQUIRED INFORMATION AND ORGANIZA5 TION.—The recordkeeping system shall— 

6 (A) include information on impacts and 

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

8 of section 906(d) of the Water Resources Devel9 opment Act of 1986 (33 U.S.C. 2283(d)) (as 

10 added by subsection (a)) that occur after De11 cember 31, 1986; and 

12 (B) be organized by watershed, project, 

13 permit application, and zip code. 

14 (3) AVAILABILITY OF INFORMATION.—The Sec15 retary shall make information contained in the rec16 ordkeeping system available to the public on the 

17 Internet. 

18 SEC. 1012. AGREEMENTS FOR WATER RESOURCE 

19 PROJECTS. 

20 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

22 amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘After the date of enact25 ment’’ and inserting the following: 
54

•S 2773 RS 

1 ‘‘(1) IN GENERAL.—After the date of enact2 ment’’; 

3 (B) by striking ‘‘under the provisions’’ and 

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

5 inserting ‘‘under any’’; 

6 (C) by inserting ‘‘partnership’’ after ‘‘writ7 ten’’; 

8 (D) by striking ‘‘Secretary of the Army to 

9 furnish its required cooperation for’’ and insert10 ing ‘‘district engineer for the district in which 

11 the project will be carried out under which each 

12 party agrees to carry out its responsibilities and 

13 requirements for implementation or construc14 tion of’’; 

15 (E) by inserting after ‘‘$25,000.’’ the fol16 lowing: 

17 ‘‘(2) LIQUIDATED DAMAGES.—An agreement 

18 described in paragraph (1) may include a provision 

19 for liquidated damages in the event of a failure of 

20 1 or more parties to perform.’’; and 

21 (F) by striking ‘‘In any such agreement’’ 

22 and inserting the following: 

23 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA24 TIONS.—In any agreement described in paragraph 

25 (1)’’; 
55

•S 2773 RS 

1 (2) by redesignating subsection (e) as sub2 section (g); and 

3 (3) by inserting after subsection (d) the fol4 lowing: 

5 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Sec6 retary determines that a project needs to be continued for 

7 the purpose of public health and safety—

8 ‘‘(1) the non-Federal interest shall pay the in9 creased projects costs, up to an amount equal to 20 

10 percent of the original estimated project costs and in 

11 accordance with the statutorily-determined cost 

12 share; and 

13 ‘‘(2) notwithstanding the statutorily-determined 

14 Federal share, the Secretary shall pay all increased 

15 costs remaining after payment of 20 percent of the 

16 increased costs by the non-Federal interest under 

17 paragraph (1). 

18 ‘‘(f) LIMITATION.—Nothing in subsection (a) limits 

19 the authority of the Secretary to ensure that a partnership 

20 agreement meets the requirements of law and policies of 

21 the Secretary in effect on the date of execution of the part22 nership agreement.’’. 

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

24 Water Resources Development Act of 1986 (100 Stat. 

25 4190) is amended—
56

•S 2773 RS 

1 (1) in paragraph (2)—

2 (A) in the first sentence, by striking 

3 ‘‘shall’’ and inserting ‘‘may’’; and 

4 (B) by striking the second sentence; and 

5 (2) in paragraph (4)—

6 (A) in the first sentence—

7 (i) by striking ‘‘injunction, for’’ and 

8 inserting the following: ‘‘injunction and 

9 payment of liquidated damages, for’’; and 

10 (ii) by striking ‘‘to collect a civil pen11 alty imposed under this section,’’; and 

12 (B) in the second sentence, by striking 

13 ‘‘any civil penalty imposed under this section,’’ 

14 and inserting ‘‘any liquidated damages,’’. 

15 (c) APPLICABILITY.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the amendments made by subsections (a) 

18 and (b) apply only to partnership agreements en19 tered into after the date of enactment of this Act. 

20 (2) EXCEPTION.—Notwithstanding paragraph 

21 (1), the district engineer for the district in which a 

22 project is located may amend the partnership agree23 ment for the project entered into on or before the 

24 date of enactment of this Act—
57

•S 2773 RS 

1 (A) at the request of a non-Federal inter2 est for a project; and 

3 (B) if construction on the project has not 

4 been initiated as of the date of enactment of 

5 this Act. 

6 (d) REFERENCES.—

7 (1) COOPERATION AGREEMENTS.—Any ref8 erence in a law, regulation, document, or other 

9 paper of the United States to a cooperation agree10 ment or project cooperation agreement shall be con11 sidered to be a reference to a partnership agreement 

12 or a project partnership agreement, respectively. 

13 (2) PARTNERSHIP AGREEMENTS.—Any ref14 erence to a partnership agreement or project part15 nership agreement in this Act (other than in this 

16 section) shall be considered to be a reference to a co17 operation agreement or a project cooperation agree18 ment, respectively. 

19 SEC. 1013. STATE TECHNICAL ASSISTANCE. 

20 Section 22 of the Water Resources Development Act 

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

22 (1) by striking ‘‘SEC. 22. (a) The Secretary’’ 

23 and inserting the following: 

24 ‘‘SEC. 22. PLANNING ASSISTANCE TO STATES. 

25 ‘‘(a) FEDERAL STATE COOPERATION.—
58

•S 2773 RS 

1 ‘‘(1) COMPREHENSIVE PLANS.—The Sec2 retary’’; 

3 (2) in subsection (a), by adding at the end the 

4 following: 

5 ‘‘(2) TECHNICAL ASSISTANCE.—

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

7 governmental agency or non-Federal interest, 

8 the Secretary may provide, at Federal expense, 

9 technical assistance to the agency or non-Fed10 eral interest in managing water resources. 

11 ‘‘(B) TYPES OF ASSISTANCE.—Technical 

12 assistance under this paragraph may include 

13 provision and integration of hydrologic, eco14 nomic, and environmental data and analyses.’’; 

15 (3) in subsection (b)(1), by striking ‘‘this sec16 tion’’ each place it appears and inserting ‘‘subsection 

17 (a)(1)’’; 

18 (4) in subsection (c)—

19 (A) by striking ‘‘(c) There is’’ and insert20 ing the following: 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

23 There is’’; 

24 (B) in paragraph (1) (as designated by 

25 subparagraph (A)), by striking ‘‘the provisions 
59

•S 2773 RS 

1 of this section except that not more than 

2 $500,000 shall be expended in any one year in 

3 any one State.’’ and inserting ‘‘subsection 

4 (a)(1).’’; and 

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

6 ‘‘(2) TECHNICAL ASSISTANCE.—There is au7 thorized to be appropriated to carry out subsection 

8 (a)(2) $10,000,000 for each fiscal year, of which not 

9 more than $2,000,000 for each fiscal year may be 

10 used by the Secretary to enter into cooperative 

11 agreements with nonprofit organizations and State 

12 agencies to provide assistance to rural and small 

13 communities.’’; and 

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

15 ‘‘(e) ANNUAL SUBMISSION.—For each fiscal year, 

16 based on performance criteria developed by the Secretary, 

17 the Secretary shall list in the annual civil works budget 

18 submitted to Congress the individual activities proposed 

19 for funding under subsection (a)(1) for the fiscal year.’’. 

20 SEC. 1014. ACCESS TO WATER RESOURCE DATA. 

21 (a) IN GENERAL.—The Secretary, acting through the 

22 Chief of Engineers, shall carry out a program to provide 

23 public access to water resource and related water quality 

24 data in the custody of the Corps of Engineers. 
60

•S 2773 RS 

1 (b) DATA.—Public access under subsection (a) 

2 shall—

3 (1) include, at a minimum, access to data gen4 erated in water resource project development and 

5 regulation under section 404 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1344); and 

7 (2) appropriately employ geographic informa8 tion system technology and linkages to water re9 source models and analytical techniques. 

10 (c) PARTNERSHIPS.—To the maximum extent prac11 ticable, in carrying out activities under this section, the 

12 Secretary shall develop partnerships, including cooperative 

13 agreements with State, tribal, and local governments and 

14 other Federal agencies. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $5,000,000 for each fiscal year. 

18 TITLE II—NAVIGATION 

19 Subtitle A—Inland Waterways 

20 CHAPTER 1—STUDIES 

21 SEC. 2001. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA22 TION CHANNEL. 

23 (a) IN GENERAL.—To determine with improved accu24 racy the environmental impacts of the project on the 

25 McClellan-Kerr Arkansas River Navigation Channel (re-
61

•S 2773 RS 

1 ferred to in this section as the ‘‘MKARN’’), the Secretary 

2 shall carry out the measures described in subsections (b) 

3 and (c) in a timely manner. 

4 (b) NATIONAL ENVIRONMENTAL POLICY ACT ANAL5 YSIS.—In carrying out the responsibility of the Secretary 

6 under the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) under this section, the Secretary 

8 shall include consideration of—

9 (1) the environmental impacts associated with 

10 transporting an equivalent quantity of goods on Fed11 eral, State, and county roads and such other alter12 native modes of transportation and alternative des13 tinations as are estimated to be transported on the 

14 MKARN; 

15 (2) the impacts associated with air quality; 

16 (3) other human health and safety information 

17 (including premature deaths averted); and 

18 (4) the environmental and economic costs asso19 ciated with the dredging of any site on the MKARN, 

20 to the extent that the site would be dredged if the 

21 MKARN were authorized to a 9-foot depth. 

22 (c) SPECIES STUDY.—

23 (1) IN GENERAL.—The Secretary, in conjunc24 tion with Oklahoma State University, shall convene 

25 a panel of experts with acknowledged expertise in 
62

•S 2773 RS 

1 wildlife biology and genetics to review the available 

2 scientific information regarding the genetic variation 

3 of various sturgeon species and possible hybrids of 

4 those species that, as determined by the United 

5 States Fish and Wildlife Service, may exist in any 

6 portion of the MKARN. 

7 (2) REPORT.—The Secretary shall direct the 

8 panel to report to the Secretary, not later than 1 

9 year after the date of enactment of this Act and in 

10 the best scientific judgment of the panel—

11 (A) the level of genetic variation between 

12 populations of sturgeon sufficient to determine 

13 or establish that a population is a measurably 

14 distinct species, subspecies, or population seg15 ment; and 

16 (B) whether any pallid sturgeons that may 

17 be found in the MKARN (including any tribu18 tary of the MKARN) would qualify as such a 

19 distinct species, subspecies, or population seg20 ment. 

21 CHAPTER 2—PROJECTS 

22 Subchapter A—Authorizations 

23 SEC. 2101. DEEP CREEK, CHESAPEAKE, VIRGINIA. 

24 The Secretary may carry out the project for the At25 lantic Intracoastal Waterway Bridge Replacement, Deep
63

•S 2773 RS 

1 Creek, Chesapeake, Virginia, as described in the report of 

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

3 cost of $32,048,000. 

4 Subchapter B—Project Modifications 

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

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

7 new project management office located in the city of Tus8 caloosa, Alabama, at a location within the vicinity of the 

9 city, at full Federal expense. 

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

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

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

13 and structures associated with the existing project man14 agement office, if the city agrees to assume full responsi15 bility for demolition of the existing project management 

16 office. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

19 $32,000,000. 

20 SEC. 2112. LARKSPUR FERRY CHANNEL, CALIFORNIA. 

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

22 Ferry Channel, Larkspur, California, authorized by sec23 tion 601(d) of the Water Resources Development Act of 

24 1986 (100 Stat. 4148), is modified to direct the Secretary 
64

•S 2773 RS 

1 to prepare a limited reevaluation report to determine 

2 whether maintenance of the project is feasible. 

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

4 determines that maintenance of the project is feasible, the 

5 Secretary shall carry out the maintenance. 

6 SEC. 2113. REDWOOD CITY NAVIGATION PROJECT, CALI7 FORNIA. 

8 The Secretary may dredge the Redwood City Naviga9 tion Channel, California, on an annual basis, to maintain 

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

11 SEC. 2114. ST. GEORGE’S BRIDGE, DELAWARE. 

12 Section 102(g) of the Water Resources Development 

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

14 the end the following: ‘‘The Secretary shall assume owner15 ship responsibility for the replacement bridge not later 

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

17 completed and the contractors are released of their respon18 sibility by the State. In addition, the Secretary may not 

19 carry out any action to close or remove the St. George’s 

20 Bridge, Delaware, without specific congressional author21 ization.’’. 

22 SEC. 2115. CHICAGO RIVER, ILLINOIS. 

23 The Federal navigation channel for the North Branch 

24 Channel portion of the Chicago River authorized by sec25 tion 22 of the Act of March 3, 1899 (30 Stat. 1156, chap-
65

•S 2773 RS 

1 ter 425), extending from 100 feet downstream of the Hal2 sted Street Bridge to 100 feet upstream of the Division 

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

4 than 66 feet. 

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

6 LOUISIANA. 

7 The project for mitigation of fish and wildlife losses, 

8 Red River Waterway, Louisiana, authorized by section 

9 601(a) of the Water Resources Development Act of 1986 

10 (100 Stat. 4142) and modified by section 4(h) of the 

11 Water Resources Development Act of 1988 (102 Stat. 

12 4016), section 102(p) of the Water Resources Develop13 ment Act of 1990 (104 Stat. 4613), section 301(b)(7) of 

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

15 3710), and section 316 of the Water Resources Develop16 ment Act of 2000 (114 Stat. 2604), is further modified—

17 (1) to permit the purchase of marginal farm18 land for reforestation (in addition to the purchase of 

19 bottomland hardwood); and 

20 (2) to incorporate wildlife and forestry manage21 ment practices to improve species diversity on miti22 gation land that meets habitat goals and objectives 

23 of the Corps of Engineers and the State of Lou24 isiana. 
66

•S 2773 RS 

1 SEC. 2117. FALL RIVER HARBOR, MASSACHUSETTS AND 

2 RHODE ISLAND. 

3 (a) IN GENERAL.—Notwithstanding section 

4 1001(b)(2) of the Water Resources Development Act of 

5 1986 (33 U.S.C. 579a(b)(2)), the project for navigation, 

6 Fall River Harbor, Massachusetts and Rhode Island, au7 thorized by section 101 of the River and Harbor Act of 

8 1968 (82 Stat. 731), shall remain authorized to be carried 

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

10 that portion of the project extending riverward of the 

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

12 Somerset, Massachusetts, shall not exceed 35 feet. 

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

14 study to determine the feasibility of deepening that por15 tion of the navigation channel of the navigation project 

16 for Fall River Harbor, Massachusetts and Rhode Island, 

17 authorized by section 101 of the River and Harbor Act 

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

19 Jr. Memorial Bridge Fall River and Somerset, Massachu20 setts. 

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

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

23 day of the 5-year period beginning on the date of enact24 ment of this Act unless, during that period, funds have 

25 been obligated for construction (including planning and 

26 design) of the project. 
67

•S 2773 RS 

1 SEC. 2118. COOPER RIVER BRIDGE DEMOLITION, CHARLES2 TON, SOUTH CAROLINA. 

3 (a) IN GENERAL.—The Secretary, at full Federal ex4 pense, may carry out all planning, design, and construc5 tion for—

6 (1) the demolition and removal of the Grace 

7 and Pearman Bridges over the Cooper River, South 

8 Carolina; and 

9 (2) using the remnants from that demolition 

10 and removal, the development of an aquatic reef off 

11 the shore of South Carolina. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $39,000,000. 

15 SEC. 2119. PLANT REPLACEMENT AND IMPROVEMENT PRO16 GRAM, CORPS OF ENGINEERS CHARLESTON 

17 DISTRICT EQUIPMENT AND STORAGE YARD, 

18 SOUTH CAROLINA. 

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

20 transfer, as part of the Plant Replacement and Improve21 ment Program, in a direct conveyance or a land exchange 

22 for any suitable property or facilities, the property of the 

23 Corps of Engineers known as the ‘‘Equipment and Stor24 age Yard’’, located on Meeting Street in Charleston, South 

25 Carolina, in as-is condition for fair market value.
68

•S 2773 RS 

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

2 under subsection (a), the Secretary may—

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

4 market value of the land offered for exchange by the 

5 Division Engineer, South Atlantic Division, is equal 

6 to or exceeds the fair market value of the land to 

7 be transferred by the Secretary under subsection (a); 

8 and 

9 (2) execute the deeds of conveyance and accept 

10 property, including any partial donation of land or 

11 funds, on behalf of the United States. 

12 (c) PROCEEDS.—Notwithstanding any requirements 

13 that may be contained in the Plant Replacement and Im14 provement Program, or balances in existence under that 

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

16 from a conveyance under this section, whether by disposal 

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

18 purchase, or construction of an office facility within the 

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

20 and Dorchester Counties. 

21 SEC. 2120. OLD HICKORY LOCK AND DAM, CUMBERLAND 

22 RIVER, TENNESSEE. 

23 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, 

24 RESERVATIONS.—With respect to land conveyed by the 

25 Secretary to the Tennessee Society of Crippled Children 
69

•S 2773 RS 

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

2 Seals Tennessee’’) at Old Hickory Lock and Dam, Cum3 berland River, Tennessee, under section 211 of the Flood 

4 Control Act of 1965 (79 Stat. 1087), the reversionary in5 terests and the use restrictions relating to recreation and 

6 camping purposes are extinguished. 

7 (b) INSTRUMENT OF RELEASE.—As soon as prac8 ticable after the date of enactment of this Act, the Sec9 retary shall execute and file in the appropriate office a 

10 deed of release, amended deed, or other appropriate in11 strument effectuating the release of interests required by 

12 paragraph (1). 

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

14 section affects any remaining right or interest of the Corps 

15 of Engineers with respect to an authorized purpose of any 

16 project. 

17 SEC. 2121. MCNARY LOCK AND DAM, MCNARY NATIONAL 

18 WILDLIFE REFUGE, WASHINGTON AND 

19 IDAHO. 

20 (a) TRANSFER OF ADMINISTRATIVE JURISDIC21 TION.—Administrative jurisdiction over the land acquired 

22 for the McNary Lock and Dam Project and managed by 

23 the United States Fish and Wildlife Service under Cooper24 ative Agreement Number DACW68–4–00–13 with the 
70

•S 2773 RS 

1 Corps of Engineers, Walla Walla District, is transferred 

2 from the Secretary to the Secretary of the Interior. 

3 (b) EASEMENTS.—The transfer of administrative ju4 risdiction under subsection (a) shall be subject to ease5 ments in existence as of the date of enactment of this Act 

6 on land subject to the transfer. 

7 (c) RIGHTS OF SECRETARY.—

8 (1) IN GENERAL.—Except as provided in para9 graph (3), the Secretary shall retain rights described 

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

11 administrative jurisdiction is transferred under sub12 section (a). 

13 (2) RIGHTS.—The rights of the Secretary re14 ferred to in paragraph (1) are the rights—

15 (A) to flood land described in subsection 

16 (a) to the standard project flood elevation; 

17 (B) to manipulate the level of the McNary 

18 Project Pool; 

19 (C) to access such land described in sub20 section (a) as may be required to install, main21 tain, and inspect sediment ranges and carry out 

22 similar activities; 

23 (D) to construct and develop wetland, ri24 parian habitat, or other environmental restora25 tion features authorized under section 1135 of 
71

•S 2773 RS 

1 the Water Resources Development Act of 1986 

2 (33 U.S.C. 2309a) and section 206 of the 

3 Water Resources Development Act of 1996 (33 

4 U.S.C. 2330); 

5 (E) to dredge and deposit fill materials; 

6 and 

7 (F) to carry out management actions for 

8 the purpose of reducing the take of juvenile 

9 salmonids by avian colonies that inhabit, before, 

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

11 any island included in the land described in 

12 subsection (a). 

13 (3) COORDINATION.—Before exercising a right 

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

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

16 exercise with the United States Fish and Wildlife 

17 Service. 

18 (d) MANAGEMENT.—

19 (1) IN GENERAL.—The land described in sub20 section (a) shall be managed by the Secretary of the 

21 Interior as part of the McNary National Wildlife 

22 Refuge. 

23 (2) CUMMINS PROPERTY.—

24 (A) RETENTION OF CREDITS.—Habitat 

25 unit credits described in the memorandum enti-
72

•S 2773 RS 

1 tled ‘‘Design Memorandum No. 6, LOWER 

2 SNAKE RIVER FISH AND WILDLIFE 

3 COMPENSATION PLAN, Wildlife Compensa4 tion and Fishing Access Site Selection, Letter 

5 Supplement No. 15, SITE DEVELOPMENT 

6 PLAN FOR THE WALLULA HMU’’ provided 

7 for the Lower Snake River Fish and Wildlife 

8 Compensation Plan through development of the 

9 parcel of land formerly known as the ‘‘Cummins 

10 property’’ shall be retained by the Secretary de11 spite any changes in management of the parcel 

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

13 (B) SITE DEVELOPMENT PLAN.—The 

14 United States Fish and Wildlife Service shall 

15 obtain prior approval of the Washington State 

16 Department of Fish and Wildlife for any 

17 change to the previously approved site develop18 ment plan for the parcel of land formerly 

19 known as the ‘‘Cummins property’’. 

20 (3) MADAME DORIAN RECREATION AREA.—The 

21 United States Fish and Wildlife Service shall con22 tinue operation of the Madame Dorian Recreation 

23 Area for public use and boater access. 

24 (e) ADMINISTRATIVE COSTS.—The United States 

25 Fish and Wildlife Service shall be responsible for all sur-
73

•S 2773 RS 

1 vey, environmental compliance, and other administrative 

2 costs required to implement the transfer of administrative 

3 jurisdiction under subsection (a). 

4 SEC. 2122. SNAKE RIVER PROJECT, WASHINGTON AND 

5 IDAHO. 

6 The Fish and Wildlife Compensation Plan for the 

7 Lower Snake River, Washington and Idaho, as authorized 

8 by section 101 of the Water Resources Development Act 

9 of 1976 (90 Stat. 2921), is amended to authorize the Sec10 retary to conduct studies and implement aquatic and ri11 parian ecosystem restorations and improvements specifi12 cally for fisheries and wildlife. 

13 SEC. 2123. MARMET LOCK, KANAWHA RIVER, WEST VIR14 GINIA. 

15 Section 101(a)(31) of the Water Resources Develop16 ment Act of 1996 (110 Stat. 3666), is amended by strik17 ing ‘‘$229,581,000’’ and inserting ‘‘$358,000,000’’. 

18 SEC. 2124. ENHANCED NAVIGATION CAPACITY IMPROVE19 MENTS AND ECOSYSTEM RESTORATION PLAN 

20 FOR THE UPPER MISSISSIPPI RIVER AND IL21 LINOIS WATERWAY SYSTEM. 

22 (a) DEFINITIONS.—In this section: 

23 (1) PLAN.—The term ‘‘Plan’’ means the pre24 ferred integrated plan contained in the document en25 titled ‘‘Integrated Feasibility Report and Pro-
74

•S 2773 RS 

1 grammatic Environmental Impact Statement for the 

2 UMR–IWW System Navigation Feasibility System’’ 

3 and dated April 29, 2004. 

4 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

5 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

6 River and Illinois Waterway System’’ means the 

7 projects for navigation and ecosystem restoration au8 thorized by Congress for—

9 (A) the segment of the Mississippi River 

10 from the confluence with the Ohio River, River 

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

12 Minneapolis-St. Paul, Minnesota, River Mile 

13 854.0; and 

14 (B) the Illinois Waterway from its con15 fluence with the Mississippi River at Grafton, 

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

17 Chicago, Illinois, River Mile 327.0. 

18 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA19 TION IMPROVEMENTS.—

20 (1) SMALL SCALE AND NONSTRUCTURAL MEAS21 URES.—At a cost of $24,000,000 in funds from the 

22 general fund of the Treasury, to be matched in an 

23 equal amount from the Inland Waterways Trust 

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

25 shall—
75

•S 2773 RS 

1 (A) construct mooring facilities at Locks 

2 12, 14, 18, 20, 22, 24, and LaGrange Lock; 

3 (B) provide switchboats at Locks 20 

4 through 25 over 5 years for project operation; 

5 and 

6 (C) conduct development and testing of an 

7 appointment scheduling system. 

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

9 funds from the general fund of the Treasury, with 

10 an equal matching amount provided from the Inland 

11 Waterways Trust Fund (which is paid by the private 

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

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

14 Mississippi River and at LaGrange Lock and Peoria 

15 Lock on the Illinois Waterway. 

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

17 funds from the general fund of the Treasury, with 

18 an equal matching amount provided from the Inland 

19 Waterway Trust Fund (which is paid by private 

20 users), the Secretary shall conduct mitigation for 

21 new locks and small scale and nonstructural meas22 ures authorized under paragraphs (1) and (2). 

23 (c) ECOSYSTEM RESTORATION AUTHORIZATION.—

24 (1) OPERATION.—To ensure the environmental 

25 sustainability of the existing Upper Mississippi River 
76

•S 2773 RS 

1 and Illinois Waterway System, the Secretary shall, 

2 consistent with requirements to avoid any adverse 

3 effects on navigation, modify the operation of the 

4 Upper Mississippi River and Illinois Waterway Sys5 tem to address the cumulative environmental im6 pacts of operation of the system and improve the ec7 ological integrity of the Upper Mississippi River and 

8 Illinois River. 

9 (2) ECOSYSTEM RESTORATION PROJECTS.—

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

11 consistent with requirements to avoid any ad12 verse effects on navigation, carry out ecosystem 

13 restoration projects to attain and maintain the 

14 sustainability of the ecosystem of the Upper 

15 Mississippi River and Illinois River in accord16 ance with the general framework outlined in the 

17 Plan. 

18 (B) PROJECTS INCLUDED.—Ecosystem 

19 restoration projects may include—

20 (i) island building; 

21 (ii) construction of fish passages; 

22 (iii) floodplain restoration; 

23 (iv) water level management (includ24 ing water drawdown); 

25 (v) backwater restoration; 
77

•S 2773 RS 

1 (vi) side channel restoration; 

2 (vii) wing dam and dike restoration 

3 and modification; 

4 (viii) island and shoreline protection; 

5 (ix) topographical diversity; 

6 (x) dam point control; 

7 (xi) use of dredged material for envi8 ronmental purposes; 

9 (xii) tributary confluence restoration; 

10 (xiii) spillway, dam, and levee modi11 fication to benefit the environment; 

12 (xiv) land easement authority; and 

13 (xv) land acquisition. 

14 (C) COST SHARING.—

15 (i) IN GENERAL.—Except as provided 

16 in clause (ii), the Federal share of the cost 

17 of carrying out an ecosystem restoration 

18 project under this paragraph shall be 65 

19 percent. 

20 (ii) EXCEPTION FOR CERTAIN RES21 TORATION PROJECTS.—In the case of a 

22 project under this subparagraph for eco23 system restoration, the Federal share of 

24 the cost of carrying out the project shall be 

25 100 percent if the project—
78

•S 2773 RS 

1 (I) is located below the ordinary 

2 high water mark or in a connected 

3 backwater; 

4 (II) modifies the operation or 

5 structures for navigation; or 

6 (III) is located on federally 

7 owned land. 

8 (iii) NONGOVERNMENTAL ORGANIZA9 TIONS.—Nongovernmental organizations 

10 shall be eligible to contribute to the non11 Federal cost share applicable to projects 

12 under this paragraph. 

13 (D) LAND ACQUISITION.—The Secretary 

14 may acquire land or an interest in land for an 

15 ecosystem restoration project from a willing 

16 owner through conveyance of—

17 (i) fee title to the land; or 

18 (ii) a flood plain conservation ease19 ment. 

20 (3) ECOSYSTEM RESTORATION PRECONSTRUC21 TION ENGINEERING AND DESIGN.—

22 (A) RESTORATION DESIGN.—Before initi23 ating the construction of any individual eco24 system restoration project, the Secretary 

25 shall—
79

•S 2773 RS 

1 (i) establish ecosystem restoration 

2 goals and identify specific performance 

3 measures designed to demonstrate eco4 system restoration; 

5 (ii) establish the without-project con6 dition or baseline for each performance in7 dicator; and 

8 (iii) for each separable element of the 

9 ecosystem restoration, identify specific tar10 get goals for each performance indicator. 

11 (B) OUTCOMES.—Performance measures 

12 identified under subparagraph (A)(i) should 

13 comprise specific measurable environmental out14 comes, such as changes in water quality, hy15 drology, or the well-being of indicator species 

16 the population and distribution of which are 

17 representative of the abundance and diversity of 

18 ecosystem-dependent aquatic and terrestrial 

19 species. 

20 (C) RESTORATION DESIGN.—Restoration 

21 design carried out as part of ecosystem restora22 tion shall include a monitoring plan for the per23 formance measures identified under subpara24 graph (A)(i), including—
80

•S 2773 RS 

1 (i) a timeline to achieve the identified 

2 target goals; and 

3 (ii) a timeline for the demonstration 

4 of project completion. 

5 (4) SPECIFIC PROJECTS AUTHORIZATION.—

6 (A) IN GENERAL.—Subject to paragraph 

7 (1), the ecosystem restoration projects described 

8 in paragraph (2) shall be carried out at a total 

9 construction cost of $1,460,000,000. 

10 (B) LIMITATION ON AVAILABLE FUNDS.—

11 Of the amounts made available under subpara12 graph (A), not more than $35,000,000 for each 

13 fiscal year shall be available for land acquisition 

14 under paragraph (2)(D). 

15 (5) IMPLEMENTATION REPORTS.—

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

17 30, 2005, and every 4 years thereafter, the Sec18 retary shall submit to the Committee on Envi19 ronment and Public Works of the Senate and 

20 the Committee on Transportation and Infra21 structure of the House of Representatives an 

22 implementation report that—

23 (i) includes baselines, milestones, 

24 goals, and priorities for ecosystem restora25 tion projects; and 
81

•S 2773 RS 

1 (ii) measures the progress in meeting 

2 the goals. 

3 (B) ADVISORY PANEL.—

4 (i) IN GENERAL.—The Secretary shall 

5 appoint and convene an advisory panel to 

6 provide independent guidance in the devel7 opment of each implementation report 

8 under subparagraph (A). 

9 (ii) PANELISTS.—Panelists shall in10 clude—

11 (I) 1 representative of each of 

12 the State resource agencies (or a des13 ignee of the Governor of the State) 

14 from each of the States of Illinois, 

15 Iowa, Minnesota, Missouri, and Wis16 consin; 

17 (II) 1 representative of the De18 partment of Agriculture; 

19 (III) 1 representative of the De20 partment of Transportation; 

21 (IV) 1 representative of the 

22 United States Geological Survey; 

23 (V) 1 representative of the 

24 United States Fish and Wildlife Serv25 ice; 
82

•S 2773 RS 

1 (VI) 1 representative of the Envi2 ronmental Protection Agency; 

3 (VII) 1 representative of affected 

4 landowners; 

5 (VIII) 2 representatives of con6 servation and environmental advocacy 

7 groups; and 

8 (IX) 2 representatives of agri9 culture and industry advocacy groups. 

10 (iii) CO-CHAIRPERSONS.—The Sec11 retary and the Secretary of the Interior 

12 shall serve as co-chairpersons of the advi13 sory panel. 

14 (6) RANKING SYSTEM.—

15 (A) IN GENERAL.—The Secretary, in con16 sultation with the National Academy of 

17 Sciences, shall develop a system to rank pro18 posed projects. 

19 (B) PRIORITY.—The ranking system shall 

20 give greater weight to projects that restore nat21 ural river processes, including those projects 

22 listed in paragraph (2)(B). 

23 (d) COMPARABLE PROGRESS.—
83

•S 2773 RS 

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

2 under this section move through preengineering, de3 sign, and construction phases—

4 (A) appropriate milestones will be selected; 

5 and 

6 (B) at that time of selection, a determina7 tion will be made as to whether the projects are 

8 being carried out at comparable rates. 

9 (2) NO COMPARABLE RATE.—If the Secretary 

10 determines under paragraph (1)(B) that projects au11 thorized under this subsection are not moving to12 ward completion at a comparable rate, annual fund13 ing for the projects will be adjusted to ensure that 

14 the projects move toward completion at a com15 parable rate in the future. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—Except 

17 as otherwise provided in this section—

18 (1) there are authorized to be appropriated 

19 such sums as are necessary to carry out this section 

20 for each of fiscal years 2006 through 2020; and 

21 (2) after fiscal year 2020—

22 (A) funds that have been made available 

23 under this section, but have not been expended, 

24 may be expended; and 
84

•S 2773 RS 

1 (B) funds that have been authorized to be 

2 appropriated under this section, but have not 

3 been made available, may be made available. 

4 SEC. 2125. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER5 FRONT INTERPRETIVE SITE. 

6 Section 103(c)(2) of the Water Resources Develop7 ment Act of 1992 (106 Stat. 4811) is amended by striking 

8 ‘‘property currently held by the Resolution Trust Corpora9 tion in the vicinity of the Mississippi River Bridge’’ and 

10 inserting ‘‘riverfront property’’. 

11 SEC. 2126. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER. 

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

13 navigation, Mississippi River between the Ohio and Mis14 souri Rivers (Regulating Works), Missouri and Illinois, 

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

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

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

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

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

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

21 a pilot program to restore and protect fish and wildlife 

22 habitat in the middle Mississippi River. 

23 (b) AUTHORIZED ACTIVITIES.—

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

25 carried out under subsection (a), the Secretary shall 
85

•S 2773 RS 

1 conduct any activities that are necessary to improve 

2 navigation through the project referred to in sub3 section (a) while restoring and protecting fish and 

4 wildlife habitat in the middle Mississippi River sys5 tem. 

6 (2) INCLUSIONS.—Activities authorized under 

7 paragraph (1) shall include—

8 (A) the modification of navigation training 

9 structures; 

10 (B) the modification and creation of side 

11 channels; 

12 (C) the modification and creation of is13 lands; 

14 (D) any studies and analysis necessary to 

15 develop adaptive management principles; and 

16 (E) the acquisition from willing sellers of 

17 any land associated with a riparian corridor 

18 needed to carry out the goals of the pilot pro19 gram. 

20 (c) COST-SHARING REQUIREMENT.—The cost-shar21 ing requirement required under the Act of June 25, 1910 

22 (36 Stat. 631, chapter 382) (commonly known as the 

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

24 1927 (44 Stat. 1010, chapter 47) (commonly known as 

25 the ‘‘River and Harbor Act of 1927’’), and the Act of July 
86

•S 2773 RS 

1 3, 1930 (46 Stat. 918), for the project referred to in sub2 section (a) shall apply to any activities carried out under 

3 this section. 

4 CHAPTER 3—PROJECT 

5 DEAUTHORIZATIONS 

6 SEC. 2141. INLAND WATERWAY FROM DELAWARE RIVER TO 

7 CHESAPEAKE BAY, PART II, INSTALLATION 

8 OF FENDER PROTECTION FOR BRIDGES, 

9 DELAWARE AND MARYLAND. 

10 The project for the construction of bridge fenders for 

11 the Summit and St. Georges Bridge for the Inland Water12 way of the Delaware River to the C & D Canal of the 

13 Chesapeake Bay authorized by the River and Harbor Act 

14 of 1954 (68 Stat. 1249) is not authorized. 

15 SEC. 2142. MAYO’S BAR LOCK AND DAM, COOSA RIVER, 

16 ROME, GEORGIA. 

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

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

19 528 of the Water Resources Development Act of 1999 

20 (113 Stat. 347), is not authorized. 

21 SEC. 2143. GULF INTERCOASTAL WATERWAY, LAKE 

22 BORGNE AND CHEF MENTEUR, LOUISIANA. 

23 The project for the construction of bulkheads and jet24 ties at Lake Borgne and Chef Menteur, Louisiana, as part 

25 of the Gulf Intercoastal Waterway authorized by the first 
87

•S 2773 RS 

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

2 635) is not authorized. 

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

4 The project for navigation, Eisenhower and Snell 

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

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

7 not authorized. 

8 SEC. 2145. RED RIVER WATERWAY, SHREVEPORT, LOU9 ISIANA TO DAINGERFIELD, TEXAS. 

10 The project for the Red River Waterway, Shreveport, 

11 Louisiana to Daingerfield, Texas, authorized by section 

12 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

13 is not authorized. 

14 SEC. 2146. SCHUYLKILL RIVER, PENNSYLVANIA. 

15 The project for navigation, Schuylkill River (Mouth 

16 to Penrose Avenue), Pennsylvania, authorized by the sec17 tion 344 of the Water Resources Development Act of 1996 

18 (110 Stat. 3722), is not authorized. 

19 SEC. 2147. LAKE OF THE PINES, TEXAS. 

20 The project for navigation improvements affecting 

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

22 below Fulton, Arkansas, authorized by the Act of July 13, 

23 1892 (27 Stat. 88, chapter 158), as amended by the Act 

24 of July 24, 1946 (60 Stat. 635, chapter 595), the Act 

25 of May 17, 1950 (64 Stat. 163, chapter 188), and the
88

•S 2773 RS 

1 River and Harbor Act of 1968 (82 Stat. 731), is not au2 thorized. 

3 SEC. 2148. TENNESSEE COLONY LAKE, TEXAS. 

4 The project for navigation, Tennessee Colony Lake, 

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

6 River and Harbor Act of 1965 (79 Stat. 1091), is not au7 thorized. 

8 SEC. 2149. CITY WATERWAY, TACOMA, WASHINGTON. 

9 The portion of the project for navigation, City Water10 way, Tacoma, Washington, authorized by the first section 

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

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

13 Waterway beginning at Station 70+00 and ending at Sta14 tion 80+00, is not authorized. 

15 Subtitle B—Ports and Harbors 

16 CHAPTER 1—CONTINUING AUTHORITIES 

17 PROGRAMS 

18 SEC. 2201. NAVIGATION ENHANCEMENTS FOR 

19 WATERBOURNE TRANSPORTATION. 

20 Section 107 of the River and Harbor Act of 1960 

21 (33 U.S.C. 577) is amended—

22 (1) by striking ‘‘SEC. 107. (a) That the Sec23 retary of the Army is hereby authorized to’’ and in24 serting the following: 
89

•S 2773 RS 

1 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR 

2 WATERBOURNE TRANSPORTATION. 

3 ‘‘(a) IN GENERAL.—The Secretary of the Army 

4 may’’; 

5 (2) in subsection (b)—

6 (A) by striking ‘‘(b) Not more’’ and insert7 ing the following: 

8 ‘‘(b) ALLOTMENT.—Not more’’; and 

9 (B) by striking ‘‘$4,000,000’’ and insert10 ing ‘‘$7,000,000’’; 

11 (3) in subsection (c), by striking ‘‘(c) Local’’ 

12 and inserting the following: 

13 ‘‘(c) LOCAL CONTRIBUTIONS.—Local’’; 

14 (4) in subsection (d), by striking ‘‘(d) Non-Fed15 eral’’ and inserting the following: 

16 ‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’; 

17 (5) in subsection (e), by striking ‘‘(e) Each’’ 

18 and inserting the following: 

19 ‘‘(e) COMPLETION.—Each’’; and 

20 (6) in subsection (f), by striking ‘‘(f) This’’ and 

21 inserting the following: 

22 ‘‘(f) APPLICABILITY.—This’’. 

23 CHAPTER 2—STUDIES 

24 SEC. 2211. NATIONAL PORT STUDY. 

25 (a) IN GENERAL.—The Secretary, in consultation 

26 with the Secretary of Transportation, shall conduct a 
90

•S 2773 RS 

1 study of the ability of coastal or deepwater port infrastruc2 ture to meet current and projected national economic 

3 needs. 

4 (b) COMPONENTS.—In conducting the study, the Sec5 retary shall—

6 (1) consider—

7 (A) the availability of alternate transpor8 tation destinations and modes; 

9 (B) the impact of larger cargo vessels on 

10 existing port capacity; and 

11 (C) practicable, cost-effective congestion 

12 management alternatives; and 

13 (2) give particular consideration to the benefits 

14 and proximity of proposed and existing port, harbor, 

15 waterway, and other transportation infrastructure. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Secretary shall submit to 

18 the Committee on Environment and Public Works of the 

19 Senate and the Committee on Transportation and Infra20 structure of the House of Representatives a report that 

21 describes the results of the study. 
91

•S 2773 RS 

1 CHAPTER 3—PROJECTS 

2 Subchapter A—Authorizations 

3 SEC. 2221. AKUTAN HARBOR, AKUTAN, ALASKA. 

4 The Secretary may carry out the Akutan Small Boat 

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

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

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

8 $9,828,000, substantially in accordance with the plans, 

9 and subject to the conditions, recommended in a final re10 port of the Chief of Engineers, if a favorable final report 

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

12 December 31, 2004. 

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

14 The Secretary may carry out the Haines Small Boat 

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

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

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

18 $11,820,000, substantially in accordance with the plans, 

19 and subject to the conditions, recommended in a final re20 port of the Chief of Engineers, if a favorable final report 

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

22 December 31, 2004. 
92

•S 2773 RS 

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

2 ALASKA. 

3 The Secretary shall carry out, on an emergency basis, 

4 necessary removal of rubble, sediment, and rock impeding 

5 the entrance to the St. Herman and St. Paul Harbors, 

6 Kodiak, Alaska, at a Federal cost of $2,000,000. 

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

8 ALASKA. 

9 The Secretary may carry out the Unalaska Small 

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

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

12 Federal cost of $11,500,000 and an estimated non-Fed13 eral cost of $11,700,000, substantially in accordance with 

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

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

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

17 than December 31, 2004. 

18 SEC. 2225. MIAMI HARBOR, MIAMI, FLORIDA. 

19 The Secretary may carry out the Miami Harbor, 

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

21 estimated cost of $157,310,000, with an estimated Fed22 eral cost of $63,728,000 and an estimated non-Federal 

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

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

25 final report of the Chief of Engineers, if a favorable final 
93

•S 2773 RS 

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

2 than December 31, 2004. 

3 SEC. 2226. 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 $1,500,000 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. 2227. 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 
94

•S 2773 RS 

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

2 $80,254,000. 

3 Subchapter B—Modifications 

4 SEC. 2241. SITKA, ALASKA. 

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

6 project for navigation, Southeast Alaska Harbors of Ref7 uge, Alaska, authorized by section 101 of the Water Re8 sources Development Act of 1992 (106 Stat. 4801), is 

9 modified to direct the Secretary to take such action as 

10 is necessary to correct design deficiencies in the element, 

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

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

13 SITE DESIGNATION, CALIFORNIA. 

14 Section 102(c)(4) of the Marine Protection, Re15 search, and Sanctuaries Act of 1972 (33 U.S.C. 

16 1412(c)(4)) is amended in the third sentence by striking 

17 ‘‘January 1, 2003’’ and inserting ‘‘January 1, 2006’’. 

18 SEC. 2243. CONDITIONAL DECLARATION OF NONNAVIGA19 BILITY, PORT OF SAN FRANCISCO, CALI20 FORNIA. 

21 (a) CONDITIONAL DECLARATION OF NONNAVIGA22 BILITY.—If the Secretary determines, in consultation with 

23 appropriate Federal and non-Federal entities, that 

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

25 within the portions of the San Francisco, California, wa-
95

•S 2773 RS 

1 terfront described in subsection (b) are not in the public 

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

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

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

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

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

7 the San Francisco, California, waterfront referred to in 

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

9 filled, or otherwise occupied by permanent structures and 

10 that are located as follows: beginning at the intersection 

11 of the northeasterly prolongation of the portion of the 

12 northwesterly line of Bryant Street lying between Beale 

13 Street and Main Street with the southwesterly line of 

14 Spear Street, which intersection lies on the line of jurisdic15 tion of the San Francisco Port Commission; following 

16 thence southerly along said line of jurisdiction as described 

17 in the State of California Harbor and Navigation Code 

18 Section 1770, as amended in 1961, to its intersection with 

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

20 parallel and distant 10 feet from the existing southern 

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

22 United States Government pier-head line; thence northerly 

23 along said pier-head line to its intersection with a line par24 allel with, and distant 10 feet easterly from, the existing 

25 easterly boundary line of Pier 30–32; thence northerly 
96

•S 2773 RS 

1 along said parallel line and its northerly prolongation, to 

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

3 10 feet northerly from, the existing northerly boundary of 

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

5 to its intersection with the United States Government 

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

7 northwesterly; thence southwesterly along said northwest8 erly line of Bryant Street to the point of beginning. 

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

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

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

12 waterfront described in subsection (b) has not been bulk13 headed, filled, or otherwise occupied by 1 or more perma14 nent structures, or if work in connection with any activity 

15 carried out pursuant to applicable Federal law requiring 

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

17 3, 1899 (33 U.S.C. 401), is not commenced by the date 

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

19 the declaration of nonnavigability for the portion under 

20 this section shall cease to be effective. 

21 SEC. 2244. CHARLES HERVEY TOWNSHEND BREAKWATER, 

22 NEW HAVEN HARBOR, CONNECTICUT. 

23 The western breakwater for the project for naviga24 tion, New Haven Harbor, Connecticut, authorized by the 

25 first section of the Act of September 19, 1890 (26 Stat. 
97

•S 2773 RS 

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

2 Hervey Townshend Breakwater’’. 

3 SEC. 2245. ANCHORAGE AREA, NEW LONDON HARBOR, CON4 NECTICUT. 

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

6 navigation, New London Harbor, Connecticut, authorized 

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

8 of a 23-foot waterfront channel described in subsection 

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

10 (b) DESCRIPTION OF CHANNEL.—The channel re11 ferred to in subsection (a) may be described as beginning 

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

13 N. 188, 802.75, E. 779, 462.81, thence running north14 easterly about 1,373.88 feet to a point N. 189, 554.87, 

15 E. 780, 612.53, thence running southeasterly about 

16 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, 

17 thence running southwesterly about 831.58 feet to a point 

18 N. 188, 864.63, E. 780, 288.08, thence running south19 easterly about 567.39 feet to a point N. 188, 301.88, E. 

20 780, 360.49, thence running northwesterly about 1,027.96 

21 feet to the point of origin. 

22 SEC. 2246. NORWALK HARBOR, CONNECTICUT. 

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

24 of the project for navigation, Norwalk Harbor, Con25 necticut, authorized by the first section of the Act of
98

•S 2773 RS 

1 March 2, 1919 (40 Stat. 1276) and described in sub2 section (b), are not authorized. 

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

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

5 (1) RECTANGULAR PORTION.—An approxi6 mately rectangular-shaped section along the north7 westerly terminus of the channel. The section is 35-

8 feet wide and about 460-feet long and is further de9 scribed as commencing at a point N. 104,165.85, E. 

10 417,662.71, thence running south 24°06′55′′ E. 

11 395.00 feet to a point N. 103,805.32, E. 

12 417,824.10, thence running south 00°38′06′′ E. 

13 87.84 feet to a point N. 103,717.49, E. 417,825.07, 

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

15 a point N. 104,155.59, E. 417.628.96, thence run16 ning north 73°05′25′′ E. 35.28 feet to the point of 

17 origin. 

18 (2) PARALLELOGRAM-SHAPED PORTION.—An 

19 area having the approximate shape of a parallelo20 gram along the northeasterly portion of the channel, 

21 southeast of the area described in paragraph (1), ap22 proximately 20 feet wide and 260 feet long, and fur23 ther described as commencing at a point N. 

24 103,855.48, E. 417,849.99, thence running south 

25 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, 
99

•S 2773 RS 

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

2 127.75 feet to a point N. 103,627.16, E. 

3 417,975.09, thence running north 33°07′30′′ W. 

4 190.00 feet to a point N. 103,786.28, E. 

5 417,871.26, thence running north 17°05′15′′ W. 

6 72.39 feet to the point of origin. 

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

8 the Norwalk Harbor, Connecticut navigation project de9 scribed in subsection (a) is modified to authorize the Sec10 retary to realign the channel to include, immediately north 

11 of the area described in subsection (b)(2), a triangular sec12 tion described as commencing at a point N. 103,968.35, 

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

14 feet to a point N. 103,855.48, E. 417,849.99, thence run15 ning N. 33°07′30′′ west 36.76 feet to a point N. 

16 103,886.27, E. 417,829.90, thence running N. 10°05′26′′

17 west 83.37 feet to the point of origin. 

18 SEC. 2247. JACKSONVILLE HARBOR, FLORIDA. 

19 The project for navigation, Jacksonville Harbor, 

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

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

22 modified to authorize the Secretary to extend the naviga23 tion features in accordance with the report of the Chief 

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

25 cost of $14,658,000, with an estimated Federal cost of 
100

•S 2773 RS 

1 $9,636,000 and an estimated non-Federal cost of 

2 $5,022,000. 

3 SEC. 2248. SOUTH CAROLINA DEPARTMENT OF COMMERCE 

4 DEVELOPMENT PROPOSAL AT RICHARD B. 

5 RUSSELL LAKE, SOUTH CAROLINA. 

6 (a) IN GENERAL.—The Secretary shall convey to the 

7 State of South Carolina, by quitclaim deed, all right, title, 

8 and interest of the United States in and to the parcels 

9 of land described in subsection (b)(1) that are being man10 aged, as of the date of enactment of this Act, by the South 

11 Carolina Department of Commerce for public recreation 

12 purposes for the Richard B. Russell Dam and Lake, South 

13 Carolina, project authorized by section 203 of the Flood 

14 Control Act of 1966 (80 Stat. 1420). 

15 (b) LAND DESCRIPTION.—

16 (1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), the parcels of land referred to in subsection 

18 (a) are the parcels contained in the portion of land 

19 described in Army Lease No. DACW21–1–92–0500. 

20 (2) RETENTION OF INTERESTS.—The United 

21 States shall retain—

22 (A) ownership of any and all land included 

23 in the lease referred to in paragraph (1) that 

24 would have been acquired for operational pur25 poses in accordance with the 1971 implementa-
101

•S 2773 RS 

1 tion of the 1962 Army/Interior Joint Acquisi2 tion Policy; and 

3 (B) such other land as is determined by 

4 the Secretary to be required for authorized 

5 project purposes, including easement rights-of6 way to remaining Federal land. 

7 (3) SURVEY.—The exact acreage and legal de8 scription of the land described in paragraph (1) shall 

9 be determined by a survey satisfactory to the Sec10 retary, with the cost of the survey to be paid by the 

11 State. 

12 (c) GENERAL PROVISIONS.—

13 (1) APPLICABILITY OF PROPERTY SCREENING

14 PROVISIONS.—Section 2696 of title 10, United 

15 States Code, shall not apply to the conveyance under 

16 this section. 

17 (2) ADDITIONAL TERMS AND CONDITIONS.—

18 The Secretary may require that the conveyance 

19 under this section be subject to such additional 

20 terms and conditions as the Secretary considers ap21 propriate to protect the interests of the United 

22 States. 

23 (3) COSTS OF CONVEYANCE.—

24 (A) IN GENERAL.—The State shall be re25 sponsible for all costs, including real estate 
102

•S 2773 RS 

1 transaction and environmental compliance 

2 costs, associated with the conveyance under this 

3 section. 

4 (B) FORM OF CONTRIBUTION.—As deter5 mined appropriate by the Secretary, in lieu of 

6 payment of compensation to the United States 

7 under subparagraph (A), the State may per8 form certain environmental or real estate ac9 tions associated with the conveyance under this 

10 section if those actions are performed in close 

11 coordination with, and to the satisfaction of, the 

12 United States. 

13 (4) LIABILITY.—The State shall hold the 

14 United States harmless from any liability with re15 spect to activities carried out, on or after the date 

16 of the conveyance, on the real property conveyed 

17 under this section. 

18 (d) ADDITIONAL TERMS AND CONDITIONS.—

19 (1) IN GENERAL.—The State shall pay fair 

20 market value consideration, as determined by the 

21 United States, for any land included in the convey22 ance under this section. 

23 (2) NO EFFECT ON SHORE MANAGEMENT POL24 ICY.—The Shoreline Management Policy (ER–1130–

25 2–406) of the Corps of Engineers shall not be
103

•S 2773 RS 

1 changed or altered for any proposed development of 

2 land conveyed under this section. 

3 (3) NEPA.—The conveyance under this section 

4 shall be subject to the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321 et seq.) (including 

6 public review under that Act) and other Federal 

7 statutes. 

8 (4) COST SHARING.—In carrying out the con9 veyance under this section, the Secretary and the 

10 State shall comply with all obligations of any cost 

11 sharing agreement between the Secretary and the 

12 State in effect as of the date of the conveyance. 

13 (5) LAND NOT CONVEYED.—The State shall 

14 continue to manage the land not conveyed under this 

15 section in accordance with the terms and conditions 

16 of Army Lease No. DACW21–1–92–0500. 

17 SEC. 2249. PORT OF LEWISTON, IDAHO. 

18 (a) EXTINGUISHMENT OF REVERSIONARY INTER19 ESTS AND USE RESTRICTIONS.—With respect to property 

20 covered by each deed described in subsection (b)—

21 (1) the reversionary interests and use restric22 tions relating to industrial use purposes are extin23 guished; 
104

•S 2773 RS 

1 (2) the restriction that no activity shall be per2 mitted that will compete with services and facilities 

3 offered by public marinas is extinguished; 

4 (3) the human habitation or other building 

5 structure use restriction is extinguished in each area 

6 in which the elevation is above the standard project 

7 flood elevation; and 

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

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for 

11 which a permit under section 404 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1344) is re13 quired. 

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

15 are as follows: 

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

17 Perce County, Idaho, 2.07 acres. 

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

19 Perce County, Idaho, 7.32 acres. 

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

21 section affects the remaining rights and interests of the 

22 Corps of Engineers for authorized project purposes with 

23 respect to property covered by deeds described in sub24 section (b). 
105

•S 2773 RS 

1 SEC. 2250. CHICAGO RIVER AND HARBOR, CHICAGO, ILLI2 NOIS. 

3 As of the date of enactment of this Act, the portions 

4 of the projects for navigation, Chicago River and Chicago 

5 Harbor, Chicago, Illinois, authorized by the Act of March 

6 3, 1899 (30 Stat. 1129), extending 50 feet riverward of 

7 the existing dock wall on the south side of the channel 

8 from Lake Street to Franklin Street and 25 feet riverward 

9 of the existing dock wall on the south side of the channel 

10 from Franklin Street to Wabash Avenue, and those areas 

11 within 20 feet of the bridge abutments on the south side 

12 of the channel for the length of the protection bridge piers 

13 from the Franklin Street Bridge to the Michigan Avenue 

14 Bridge, are not authorized. 

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

16 The maximum amount of Federal funds that may be 

17 expended for the project being carried out under section 

18 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

19 for the mitigation of shore damages attributable to the 

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

21 $20,000,000. 

22 SEC. 2252. UNION RIVER, MAINE. 

23 The project for navigation, Union River, Maine, au24 thorized by the first section of the Act of June 3, 1896 

25 (29 Stat. 215, chapter 314), is modified by redesignating 

26 as an anchorage area that portion of the project consisting 
106

•S 2773 RS 

1 of a 6-foot turning basin and lying northerly of a line com2 mencing at a point N. 315,975.13, E. 1,004,424.86, 

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

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

5 SEC. 2253. DULUTH HARBOR, MINNESOTA. 

6 (a) IN GENERAL.—Notwithstanding the cost limita7 tion described in section 107(b) of the River and Harbor 

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

9 out the project for navigation, Duluth Harbor, Minnesota, 

10 pursuant to the authority provided under that section at 

11 a total Federal cost of $9,000,000. 

12 (b) PUBLIC ACCESS AND RECREATIONAL FACILI13 TIES.—Section 321 of the Water Resources Development 

14 Act of 2000 (114 Stat. 2605) is amended by inserting ‘‘, 

15 and to provide public access and recreational facilities’’ 

16 after ‘‘including any required bridge construction’’. 

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

18 Section 217 of the Water Resources Development Act 

19 of 1996 (33 U.S.C. 2326a) is amended—

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

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

24 ‘‘(c) DREDGED MATERIAL FACILITY.—
107

•S 2773 RS 

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

2 into cost-sharing agreements with 1 or more non3 Federal public interests with respect to a project, or 

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

6 management, or operation of a dredged material 

7 processing, treatment, contaminant reduction, or 

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

12 whole or in part by the Federal Government. 

13 ‘‘(2) PERFORMANCE.—One or more of the par14 ties to the agreement may perform the acquisition, 

15 design, construction, management, or operation of a 

16 dredged material processing, treatment, contaminant 

17 reduction, or disposal facility. 

18 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If ap19 propriate, the Secretary may combine portions of 

20 separate Federal projects with appropriate combined 

21 cost-sharing between the various projects, if the fa22 cility serves to manage dredged material from mul23 tiple Federal projects located in the geographic re24 gion of the facility. 

25 ‘‘(4) PUBLIC FINANCING.—
108

•S 2773 RS 

1 ‘‘(A) AGREEMENTS.—

2 ‘‘(i) SPECIFIED FEDERAL FUNDING

3 SOURCES AND COST SHARING.—The cost4 sharing agreement used shall clearly speci5 fy—

6 ‘‘(I) the Federal funding sources 

7 and combined cost-sharing when ap8 plicable to multiple Federal navigation 

9 projects; and 

10 ‘‘(II) the responsibilities and 

11 risks of each of the parties related to 

12 present and future dredged material 

13 managed by the facility. 

14 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—

15 ‘‘(I) IN GENERAL.—The cost16 sharing agreement may include the 

17 management of sediments from the 

18 maintenance dredging of Federal 

19 navigation projects that do not have 

20 partnerships agreements. 

21 ‘‘(II) PAYMENTS.—The cost22 sharing agreement may allow the non23 Federal interest to receive reimburs24 able payments from the Federal Gov25 ernment for commitments made by 
109

•S 2773 RS 

1 the non-Federal interest for disposal 

2 or placement capacity at dredged ma3 terial treatment, processing, contami4 nant reduction, or disposal facilities. 

5 ‘‘(iii) CREDIT.—The cost-sharing 

6 agreement may allow costs incurred prior 

7 to execution of a partnership agreement 

8 for construction or the purchase of equip9 ment or capacity for the project to be cred10 ited according to existing cost-sharing 

11 rules. 

12 ‘‘(B) CREDIT.—

13 ‘‘(i) EFFECT ON EXISTING AGREE14 MENTS.—Nothing in this subsection super15 sedes or modifies an agreement in effect on 

16 the date of enactment of this paragraph 

17 between the Federal Government and any 

18 other non-Federal interest for the cost19 sharing, construction, and operation and 

20 maintenance of a Federal navigation 

21 project. 

22 ‘‘(ii) CREDIT FOR FUNDS.—Subject to 

23 the approval of the Secretary and in ac24 cordance with law (including regulations 

25 and policies) in effect on the date of enact-
110

•S 2773 RS 

1 ment of this paragraph, a non-Federal 

2 public interest of a Federal navigation 

3 project may seek credit for funds provided 

4 for the acquisition, design, construction, 

5 management, or operation of a dredged 

6 material processing, treatment, or disposal 

7 facility to the extent the facility is used to 

8 manage dredged material from the Federal 

9 navigation project. 

10 ‘‘(iii) NON-FEDERAL INTEREST RE11 SPONSIBILITIES.—The non-Federal inter12 est shall—

13 ‘‘(I) be responsible for providing 

14 all necessary land, easement rights-of15 way, or relocations associated with the 

16 facility; and 

17 ‘‘(II) receive credit for those 

18 items.’’; and 

19 (3) in paragraphs (1) and (2)(A) of subsection 

20 (d) (as so redesignated)—

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

22 ‘‘operation’’ each place it appears; and 

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

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

25 appears in each of those paragraphs. 
111

•S 2773 RS 

1 SEC. 2255. TOUSSAINT RIVER NAVIGATION PROJECT, CAR2 ROLL TOWNSHIP, OHIO. 

3 Increased operation and maintenance activities for 

4 the Toussaint River Federal Navigation Project, Carroll 

5 Township, Ohio, that are carried out in accordance with 

6 section 107 of the River and Harbor Act of 1960 (33 

7 U.S.C. 577) and relate directly to the presence of 

8 unexploded ordnance, shall be carried out at full Federal 

9 expense. 

10 SEC. 2256. ESSAYONS AND YAQUINA DREDGES, OREGON. 

11 (a) ELIMINATION OF RESTRICTIONS ON USE.—

12 (1) IN GENERAL.—Notwithstanding the provi13 sions of law referred to in paragraph (2), all restric14 tions in effect on the date of enactment of this Act 

15 on the use of the Essayons and Yaquina dredges of 

16 the Corps of Engineers (or their successors) (re17 ferred to in this section as ‘‘the dredges’’) to main18 tain and improve the ports, harbors, and channels of 

19 the Pacific coast are null and void. 

20 (2) OTHER PROVISIONS OF LAW.—The provi21 sions referred to in this paragraph are—

22 (A) section 3 of the Act of August 11, 

23 1888 (33 U.S.C. 622); 

24 (B) section 8 of the Act of March 2, 1919 

25 (commonly known as the ‘‘Rivers and Harbors 

26 Appropriation Act of 1919’’) (33 U.S.C. 624); 
112

•S 2773 RS 

1 (C) the Water Resources Development Act 

2 of 1996 (110 Stat. 3658); 

3 (D) the Energy and Water Development 

4 Appropriations Act, 2002 (115 Stat. 486); and 

5 (E) any other contrary law (including reg6 ulations and policies). 

7 (b) USE OF DREDGES.—The Secretary shall use the 

8 dredges, to the maximum extent practicable, without re9 striction as to days worked or volume of material dredged, 

10 and in the manner most beneficial to and cost-effective 

11 for the taxpayers of the United States, to maintain and 

12 improve the ports, harbors, and channels of the Pacific 

13 coast. 

14 (c) MAINTENANCE.—The Secretary shall maintain 

15 the dredges to technologically modern and efficient stand16 ards (including replacement, as necessary) in order to 

17 keep the dredges fully operational and to meet the dredg18 ing needs of the ports, harbors, and channels of the Pacific 

19 coast. 

20 SEC. 2257. CEDAR BAYOU, TEXAS. 

21 Section 349(a)(2) of the Water Resources Develop22 ment Act of 2000 (114 Stat. 2632) is amended by striking 

23 ‘‘except that the project is authorized only for construction 

24 of a navigation channel 12 feet deep by 125 feet wide’’ 

25 and inserting ‘‘except that the project is authorized for
113

•S 2773 RS 

1 construction of a navigation channel that is 10 feet deep 

2 by 100 feet wide’’. 

3 SEC. 2258. GULF INTRACOASTAL WATERWAY, BRAZOS 

4 RIVER TO PORT O’CONNOR, TEXAS. 

5 The project for navigation, Gulf Intracoastal Water6 way, Sabine River to Corpus Christi, Texas, authorized 

7 by the first section of the Act of March 3, 1925 (43 Stat. 

8 1186, chapter 467) (commonly known as the ‘‘River and 

9 Harbor Act of 1925’’), and the first section of the Act 

10 of January 1, 1927 (44 Stat. 1010, chapter 47) (com11 monly known as the ‘‘River and Harbor Act of 1927’’), 

12 is modified further to authorize the Secretary to construct 

13 the realignment of a portion of the channel from approxi14 mately channel mile 454 to approximately channel mile 

15 473, Matagorda Bay, Gulf Intracoastal Waterway, Texas, 

16 to provide for safer navigation, substantially in accordance 

17 with the recommendations of the report of the Chief of 

18 Engineers, GIWW, Brazos River to Port O’Connor, 

19 Matagorda Bay Reroute, Texas, dated December 24, 

20 2002, at a total cost of $14,515,000, with a first Federal 

21 cost of $14,515,000. 

22 SEC. 2259. GULF INTRACOASTAL WATERWAY, HIGH ISLAND 

23 TO BRAZOS RIVER, TEXAS. 

24 The project for navigation, Gulf Intracoastal Water25 way, Sabine River to Corpus Christi, Texas, authorized 
114

•S 2773 RS 

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 the portion of the channel from High 

8 Island to Brazos River, Texas, substantially in accordance 

9 with the recommendations of the report of the Chief of 

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

11 $12,326,000, with a first Federal cost of $12,236,000. 

12 SEC. 2260. TANGIER ISLAND SEAWALL, VIRGINIA. 

13 Section 577(a) of the Water Resources Development 

14 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

15 a total cost of $1,200,000, with an estimated Federal cost 

16 of $900,000 and an estimated non-Federal cost of 

17 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

18 with an estimated Federal cost of $2,400,000 and an esti19 mated non-Federal cost of $600,000.’’. 

20 SEC. 2261. LOWER GRANITE POOL, WASHINGTON. 

21 (a) EXTINGUISHMENT OF REVERSIONARY INTER22 ESTS AND USE RESTRICTIONS.—With respect to property 

23 covered by each deed described in subsection (b)—
115

•S 2773 RS 

1 (1) the reversionary interests and use restric2 tions relating to port or industrial purposes are ex3 tinguished; 

4 (2) the human habitation or other building 

5 structure use restriction is extinguished in each area 

6 in which the elevation is above the standard project 

7 flood elevation; and 

8 (3) the use of fill material to raise low areas 

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for 

11 which a permit under section 404 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1344) would 

13 be required for the use of fill material. 

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

15 are as follows: 

16 (1) Auditor’s File Numbers 432576, 443411, 

17 and 579771 of Whitman County, Washington. 

18 (2) Auditor’s File Numbers 125806, 138801, 

19 147888, 154511, 156928, and 176360 of Asotin 

20 County, Washington. 

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

22 section affects any remaining rights and interests of the 

23 Corps of Engineers for authorized project purposes in or 

24 to property covered by a deed described in subsection (b). 
116

•S 2773 RS 

1 Subchapter C—Deauthorizations 

2 SEC. 2271. BRIDGEPORT HARBOR, CONNECTICUT. 

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

4 navigation, Bridgeport Harbor, Connecticut, authorized 

5 by the Act of July 3, 1930 (46 Stat. 919), consisting of 

6 an 18-foot channel in Yellow Mill River and described in 

7 subsection (b), is not authorized. 

8 (b) DESCRIPTION OF PROJECT.—The project re9 ferred to in subsection (a) is described as beginning at 

10 a point along the eastern limit of the existing project, N. 

11 123,649.75, E. 481,920.54, thence running northwesterly 

12 about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 

13 thence running northeasterly about 1,442.21 feet to a 

14 point N. 125,030.08, E. 482,394.96, thence running 

15 northeasterly about 139.52 feet to a point along the east 

16 limit of the existing channel, N. 125,133.87, E. 

17 482,488.19, thence running southwesterly about 1,588.98 

18 feet to the point of origin. 

19 SEC. 2272. MUSCATINE HARBOR, IOWA. 

20 The project for navigation at the Muscatine Harbor 

21 on the Mississippi River at Muscatine, Iowa, authorized 

22 by section 101 of the River and Harbor Act of 1950 (64 

23 Stat. 166), is not authorized. 
117

•S 2773 RS 

1 SEC. 2273. BAYOU LAFOURCHE AND LAFOURCHE JUMP, 

2 LOUISIANA. 

3 The project for navigation improvement for Bayou 

4 LaFourche and LaFourche Jump, Louisiana, authorized 

5 by the Act of August 30, 1935 (49 Stat. 1033, chapter 

6 831) and the River and Harbor Act of 1960 (74 Stat. 

7 481), is not authorized. 

8 SEC. 2274. NORTHEAST HARBOR, MAINE. 

9 The project for navigation, Northeast Harbor, Maine, 

10 authorized by section 2 of the Act of March 2, 1945 (59 

11 Stat. 12, chapter 19), is not authorized. 

12 SEC. 2275. TENANTS HARBOR, MAINE. 

13 The project for navigation, Tenants Harbor, Maine, 

14 authorized by the first section of the Act of March 2, 1919 

15 (40 Stat. 1275, chapter 95), is not authorized. 

16 SEC. 2276. GRAND HAVEN HARBOR, MICHIGAN. 

17 The project for navigation, Grand Haven Harbor, 

18 Michigan, authorized by section 202(a) of the Water Re19 sources Development Act of 1986 (100 Stat. 4093), is not 

20 authorized. 

21 SEC. 2277. GREENVILLE HARBOR, MISSISSIPPI. 

22 The project for navigation, Greenville Harbor, Mis23 sissippi, authorized by section 601(a) of the Water Re24 sources Development Act of 1986 (100 Stat. 4142), is not 

25 authorized.
118

•S 2773 RS 

1 SEC. 2278. NEW YORK HARBOR AND ADJACENT CHANNELS, 

2 CLAREMONT TERMINAL, JERSEY CITY, NEW 

3 JERSEY. 

4 The project for navigation, New York Harbor and ad5 jacent channels, Claremont Terminal, Jersey City, New 

6 Jersey, authorized by section 202(b) of the Water Re7 sources Development Act of 1986 (100 Stat. 4098), is not 

8 authorized. 

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

10 The project for navigation, Olcott Harbor, Lake On11 tario, New York, authorized by section 601(a) of the 

12 Water Resources Development Act of 1986 (100 Stat. 

13 4143), is not authorized. 

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

15 The project for navigation, Outer Harbor, Buffalo, 

16 New York, authorized by section 110 of the Water Re17 sources Development Act of 1992 (106 Stat. 4817), is not 

18 authorized. 

19 SEC. 2281. MANTEO BAY, NORTH CAROLINA. 

20 The project for navigation, Manteo (Shallowbag) 

21 Bay, North Carolina (Oregon Inlet), authorized by section 

22 101 of the River and Harbor Act of 1970 (84 Stat. 1818), 

23 is not authorized. 

24 SEC. 2282. CLEVELAND HARBOR 1958 ACT, OHIO. 

25 The project for navigation, Cleveland Harbor 

26 (Uncompleted Portion), Ohio, authorized by section 101 
119

•S 2773 RS 

1 of the River and Harbor Act of 1958 (72 Stat. 299), is 

2 not authorized. 

3 SEC. 2283. CLEVELAND HARBOR 1960 ACT, OHIO. 

4 The project for navigation, Cleveland Harbor 

5 (Uncompleted Portion), Ohio, authorized by section 101 

6 of the River and Harbor Act of 1960 (74 Stat. 482), is 

7 not authorized. 

8 SEC. 2284. CLEVELAND HARBOR, UNCOMPLETED PORTION 

9 OF CUT #4, OHIO. 

10 The project for navigation, Cleveland Harbor 

11 (Uncompleted Portion of Cut #4), Ohio, authorized by the 

12 first section of the Act of July 24, 1946 (60 Stat. 636, 

13 chapter 595), is not authorized. 

14 SEC. 2285. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM15 MOND, OREGON. 

16 The project for the Columbia River, Seafarers Memo17 rial, Hammond, Oregon, authorized by title I of the En18 ergy and Water Development Appropriations Act, 1991 

19 (104 Stat. 2078), is not authorized. 

20 SEC. 2286. DELAWARE RIVER, PHILADELPHIA, PENNSYL21 VANIA TO TRENTON, NEW JERSEY. 

22 The project for navigation, Delaware River, Philadel23 phia, Pennsylvania to Trenton, New Jersey (Tioga Marine 

24 Terminal), authorized under section 201 of the River and 
120

•S 2773 RS 

1 Harbor Act of 1965 and the Flood Control Act of 1965 

2 (Public Law 89–298), is not authorized. 

3 SEC. 2287. NARRAGANSETT TOWN BEACH, NARRAGANSETT, 

4 RHODE ISLAND. 

5 The project for navigation, Narragansett Town 

6 Beach, Narragansett, Rhode Island, authorized by section 

7 361 of the Water Resources Development Act of 1992 

8 (106 Stat. 4861), is not authorized. 

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

10 The project for bulkhead repairs, Quonset Point11 Davisville, Rhode Island, authorized by section 571 of the 

12 Water Resources Development Act of 1996 (110 Stat. 

13 3788), is not authorized. 

14 TITLE III—FLOOD AND COASTAL 

15 STORM DAMAGE REDUCTION 

16 Subtitle A—Flood Damage 

17 Reduction 

18 CHAPTER 1—GENERAL PROVISIONS 

19 SEC. 3001. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

20 BY NON-FEDERAL INTERESTS. 

21 Section 211(e)(6) of the Water Resources Develop22 ment Act of 1996 (33 U.S.C. 701b–13(e)(6)) is amended 

23 by adding at the end following: 

24 ‘‘(E) BUDGET PRIORITY.—
121

•S 2773 RS 

1 ‘‘(i) IN GENERAL.—Budget priority 

2 for projects under this section shall be pro3 portionate to the percentage of project 

4 completion. 

5 ‘‘(ii) COMPLETED PROJECT.—A com6 pleted project shall have the same priority 

7 as a project with a contractor on site.’’. 

8 CHAPTER 2—CONTINUING AUTHORITIES 

9 PROGRAMS 

10 SEC. 3101. PROTECTION AND RESTORATION DUE TO EMER11 GENCIES AT SHORES AND STREAMBANKS. 

12 Section 14 of the Flood Control Act of 1946 (33 

13 U.S.C. 701r) is amended—

14 (1) by striking ‘‘$15,000,000’’ and inserting 

15 ‘‘$20,000,000’’; and 

16 (2) by striking ‘‘$1,000,000’’ and inserting 

17 ‘‘$1,500,000’’. 

18 CHAPTER 3—STUDIES 

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

20 The Secretary shall carry out a study for bank sta21 bilization and shore protection for Nicholas Canyon, Los 

22 Angeles, California, under section 3 of the Act of August 

23 13, 1946 (33 U.S.C. 426g). 
122

•S 2773 RS 

1 SEC. 3202. COMPREHENSIVE FLOOD PROTECTION 

2 PROJECT, ST. HELENA, CALIFORNIA. 

3 (a) IN GENERAL.—The Secretary shall review the 

4 project for flood control and environmental restoration at 

5 St. Helena, California, generally in accordance with En6 hanced Minimum Plan A, as described in the Final Envi7 ronmental Impact Report prepared by the city of St. Hel8 ena, California, and certified by the city to be in compli9 ance with the California Environmental Quality Act on 

10 February 24, 2004. 

11 (b) COST SHARING.—Cost sharing for the project de12 scribed in subsection (a) shall be in accordance with sec13 tion 103 of the Water Resources Development Act of 1986 

14 (33 U.S.C. 2213).

15 SEC. 3203. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA16 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA. 

17 The Secretary shall—

18 (1) carry out a study of the feasibility of a 

19 project to use Sherman Island, California, as a 

20 dredged material rehandling facility for the bene21 ficial use of dredged material to enhance the envi22 ronment and meet other water resource needs on the 

23 Sacramento-San Joaquin Delta, California, under 

24 section 204 of the Water Resources Development 

25 Act of 1992 (33 U.S.C. 2326); and 
123

•S 2773 RS 

1 (2) if the Secretary determines that the project 

2 described in paragraph (1) is feasible, carry out the 

3 project. 

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

5 CALIFORNIA. 

6 In carrying out the feasibility phase of the South San 

7 Francisco Bay shoreline study, the Secretary shall use 

8 planning and design documents prepared by the California 

9 State Coastal Conservancy, the Santa Clara Valley Water 

10 District, and other local interests, in cooperation with the 

11 Corps of Engineers (who shall provide technical assistance 

12 to the local interests), as the basis for recommendations 

13 to Congress for authorization of a project to provide for 

14 flood protection of the South San Francisco Bay shoreline 

15 and restoration of the South San Francisco Bay salt 

16 ponds. 

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

18 The Secretary shall study the feasibility of storm 

19 damage reduction and beach erosion protection and other 

20 related purposes along Lake Erie at Luna Pier, Michigan. 

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

22 BASS ISLAND, OHIO. 

23 The Secretary shall—

24 (1) carry out study of the feasibility of a project 

25 for navigation improvements, shoreline protection, 
124

•S 2773 RS 

1 and other related purposes, including the rehabilita2 tion the harbor basin (including entrance break3 waters), interior shoreline protection, dredging, and 

4 the development of a public launch ramp facility, for 

5 Middle Bass Island State Park, Middle Bass Island, 

6 Ohio; and 

7 (2) if the Secretary determines that the project 

8 described in paragraph (1) is feasible, carry out the 

9 project. 

10 CHAPTER 4—PROJECTS 

11 Subchapter A—Authorizations 

12 SEC. 3301. 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. 3302. 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-
125

•S 2773 RS 

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. 3303. MIDDLE CREEK, LAKE COUNTY, CALIFORNIA. 

8 The Secretary may carry out the project for flood 

9 damage reduction and ecosystem restoration, Middle 

10 Creek, Lake County, California, at a total cost of 

11 $38,690,000, with an estimated Federal cost of 

12 $25,233,000 and an estimated non-Federal cost of 

13 $13,457,000, substantially in accordance with the plans, 

14 and subject to the conditions, recommended in a final re15 port of the Chief of Engineers, if a favorable report of 

16 the Chief is completed not later than December 31, 2004. 

17 SEC. 3304. INDIAN RIVER LAGOON, SOUTH FLORIDA. 

18 (a) INDIAN RIVER LAGOON.—The Secretary may 

19 carry out the project for ecosystem restoration, water sup20 ply, flood control, and protection of water quality, Indian 

21 River Lagoon, South Florida, at a total cost of 

22 $1,207,288,000, with an estimated first Federal cost of 

23 $603,644,000 and an estimated first non-Federal cost of 

24 $603,644,000, in accordance with section 601 of the 

25 Water Resources Development Act of 2000 (114 Stat. 
126

•S 2773 RS 

1 2680), in accordance with the recommendations of the re2 port of the Chief of Engineers, dated August 6, 2004. 

3 (b) DEAUTHORIZATIONS.—As of the date of enact4 ment of this Act, the following projects are not authorized: 

5 (1) The uncompleted portions of the project au6 thorized by section 601(b)(2)(C)(i) of the Water Re7 sources Development Act of 2000 (114 Stat. 2682), 

8 C–44 Basin Storage Reservoir of the Comprehensive 

9 Everglades Restoration Plan, at a total cost of 

10 $112,562,000, with an estimated Federal cost of 

11 $56,281,000 and an estimated non-Federal cost of 

12 $56,281,000. 

13 (2) The uncompleted portions of the project au14 thorized by section 203 of the Flood Control Act of 

15 1968 (82 Stat. 740), Martin County, Florida modi16 fications to the Central and South Florida Project, 

17 as contained in Senate Document 101, 90th Con18 gress, 2d Session, at a total cost of $15,471,000, 

19 with an estimated Federal cost of $8,073,000 and 

20 an estimated non-Federal cost of $7,398,000. 

21 (3) The uncompleted portions of the project au22 thorized by section 203 of the Flood Control Act of 

23 1968 (82 Stat. 740), East Coast Backpumping, St. 

24 Lucie—Martin County, Spillway Structure S–311 of 

25 the Central and South Florida Project, as contained 
127

•S 2773 RS 

1 in House Document 369, 90th Congress, 2d Session, 

2 at a total cost of $77,118,000, with an estimated 

3 Federal cost of $55,124,000 and an estimated non4 Federal cost of $21,994,000. 

5 SEC. 3305. PICAYUNE STRAND ECOSYSTEM RESTORATION, 

6 COLLIER COUNTY, FLORIDA. 

7 The Secretary may carry out the project for eco8 system restoration, Picayune Strand, Collier County, Flor9 ida, at a total cost of $362,612,000, with an estimated

10 Federal cost of $181,306,000 and an estimated non-Fed11 eral cost of $181,306,000, in accordance with section 601 

12 of the Water Resources Development Act of 2000 (114 

13 Stat. 2680), substantially in accordance with the project 

14 implementation report for the project, and subject to the 

15 conditions recommended in a final report of the Chief of 

16 Engineers, if a favorable report of the Chief is completed 

17 not later than December 31, 2004. 

18 SEC. 3306. SWOPE PARK INDUSTRIAL AREA, MISSOURI. 

19 The Secretary may construct the project for flood 

20 damage reduction, Swope Park Industrial Area, Missouri, 

21 in accordance with the recommendations of the report of 

22 the Chief of Engineers dated December 30, 2003, at an 

23 estimated cost of $14,987,000, with an estimated Federal 

24 cost of $9,742,000 and an estimated non-Federal cost of 

25 $5,245,000. 
128

•S 2773 RS 

1 SEC. 3307. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEX2 ICO. 

3 The Secretary may carry out the project for flood 

4 damage reduction, Southwest Valley, Albuquerque, New 

5 Mexico, at a total cost of $17,500,000, with an estimated 

6 Federal cost of $11,400,000 and an estimated non-Fed7 eral cost of $6,100,000, substantially in accordance with 

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

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

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

11 than December 31, 2004. 

12 Subchapter B—Modifications 

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

14 (a) IN GENERAL.—The project for flood control, St. 

15 Francis River Basin, Arkansas, and Missouri, authorized 

16 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), 

17 as modified, is further modified to authorize the Secretary 

18 to undertake channel stabilization and sediment removal 

19 measures on the St. Francis River and tributaries as an 

20 integral part of the original project. 

21 (b) NO SEPARABLE ELEMENT.—The measures un22 dertaken under subsection (a) shall not be considered to 

23 be a separable element of the project. 

24 SEC. 3312. AUGUSTA AND CLARENDON, ARKANSAS. 

25 The Secretary may carry out rehabilitation of author26 ized and completed levees on the White River between Au-
129

•S 2773 RS 

1 gusta and Clarendon, Arkansas, at a total estimated cost 

2 of $8,000,000, with an estimated Federal cost of 

3 $5,200,000 and an estimated non-Federal cost of 

4 $2,800,000. 

5 SEC. 3313. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS 

6 AND MISSOURI. 

7 (a) IN GENERAL.—The Secretary shall convey to the 

8 State of Arkansas, without monetary consideration and 

9 subject to subsection (b), all right, title, and interest to 

10 land within the State acquired by the Federal Government 

11 as mitigation land for the project for flood control, St. 

12 Francis Basin, Arkansas and Missouri Project, authorized 

13 by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) 

14 (commonly known as the ‘‘Flood Control Act of 1928’’). 

15 (b) TERMS AND CONDITIONS.—

16 (1) IN GENERAL.—The conveyance by the 

17 United States under this section shall be subject 

18 to—

19 (A) the condition that the State of Arkan20 sas (including the successors and assigns of the 

21 State) agree to operate, maintain, and manage 

22 the land at no cost or expense to the United 

23 States and for fish and wildlife, recreation, and 

24 environmental purposes; and 
130

•S 2773 RS 

1 (B) such other terms and conditions as the 

2 Secretary determines to be in the interest of the 

3 United States. 

4 (2) REVERSION.—If the State (or a successor 

5 or assign of the State) ceases to operate, maintain, 

6 and manage the land in accordance with this sub7 section, all right, title, and interest in and to the 

8 property shall revert to the United States, at the op9 tion of the Secretary. 

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

11 LOUISIANA. 

12 Section 204 of the Flood Control Act of 1950 (64 

13 Stat. 170) is amended in the matter under the heading 

14 ‘‘RED-OUACHITA RIVER BASIN’’ by striking ‘‘at Calion, Ar15 kansas’’ and inserting ‘‘improvements at Calion, Arkansas 

16 (including authorization for the comprehensive flood-con17 trol project for Ouachita River and tributaries, incor18 porating in the project all flood control, drainage, and 

19 power improvements in the basin above the lower end of 

20 the left bank Ouachita River levee)’’. 

21 SEC. 3315. CACHE CREEK BASIN, CALIFORNIA. 

22 (a) IN GENERAL.—The project for flood control, 

23 Cache Creek Basin, California, authorized by section 

24 401(a) of the Water Resources Development Act of 1986 

25 (100 Stat. 4112), is modified to direct the Secretary to 
131

•S 2773 RS 

1 mitigate the impacts of the new south levee of the Cache 

2 Creek settling basin on the storm drainage system of the 

3 city of Woodland, including all appurtenant features, ero4 sion control measures, and environmental protection fea5 tures. 

6 (b) OBJECTIVES.—Mitigation under subsection (a) 

7 shall restore the pre-project capacity of the city (1,360 

8 cubic feet per second) to release water to the Yolo Bypass, 

9 including—

10 (1) channel improvements; 

11 (2) an outlet work through the west levee of the 

12 Yolo Bypass; and 

13 (3) a new low flow cross channel to handle city 

14 and county storm drainage and settling basin flows 

15 (1,760 cubic feet per second) when the Yolo Bypass 

16 is in a low flow condition. 

17 SEC. 3316. LLAGAS CREEK, CALIFORNIA. 

18 The project for flood damage reduction, Llagas 

19 Creek, California, authorized by section 501(a) of the 

20 Water Resources Development Act of 1999 (113 Stat. 

21 333), is modified to authorize the Secretary to complete 

22 the project, in accordance with the requirements of local 

23 cooperation as specified in section 5 of the Watershed Pro24 tection and Flood Prevention Act (16 U.S.C. 1005), at 

25 a total remaining cost of $95,000,000, with an estimated 
132

•S 2773 RS 

1 remaining Federal cost of $55,000,000, and an estimated 

2 remaining non-Federal cost of $40,000,000. 

3 SEC. 3317. MAGPIE CREEK, CALIFORNIA. 

4 (a) IN GENERAL.—Subject to subsection (b), the 

5 project for Magpie Creek, California, authorized under 

6 section 205 of the Flood Control Act of 1948 (33 U.S.C. 

7 701s), is modified to direct the Secretary to apply the cost8 sharing requirements applicable to nonstructural flood 

9 control under section 103(b) of the Water Resources De10 velopment Act of 1986 (100 Stat. 4085) for the portion

11 of the project consisting of land acquisition to preserve 

12 and enhance existing floodwater storage. 

13 (b) CREDITING.—The crediting allowed under sub14 section (a) shall not exceed the non-Federal share of the 

15 cost of the project. 

16 SEC. 3318. SACRAMENTO AND AMERICAN RIVERS FLOOD 

17 CONTROL, CALIFORNIA. 

18 (a) IN GENERAL.—The Secretary shall credit toward 

19 that portion of the non-Federal share of the costs of the 

20 flood damage reduction project authorized by section 

21 101(a)(6)(A) of the Water Resources Development Act of 

22 1999 (113 Stat. 274) that is to be paid by the Sacramento 

23 Area Flood Control Agency an amount equal to the Fed24 eral share of the flood control project authorized by sec-
133

•S 2773 RS 

1 tion 9159 of the Department of Defense Appropriations 

2 Act, 1993 (106 Stat. 1944). 

3 (b) FEDERAL SHARE.—In determining the Federal 

4 share of the project authorized by section 9159(b) of that 

5 Act, the Secretary shall include all audit verified costs for 

6 planning, engineering, construction, acquisition of project 

7 land, easements, right-of-way, relocations, and environ8 mental, mitigation for all project elements that the Sec9 retary determines to be cost-effective. 

10 (c) AMOUNT CREDITED.—The amount credited shall 

11 be equal to the Federal share determined under this sec12 tion, reduced by the total of all reimbursements paid to 

13 the non-Federal interests for work under section 9159(b) 

14 of that Act before the date of enactment of this Act. 

15 SEC. 3319. UPPER GUADALUPE RIVER, CALIFORNIA. 

16 The project for flood damage reduction and recre17 ation, Upper Guadalupe River, California, authorized by 

18 section 101(a)(9) of the Water Resources Development 

19 Act of 1999 (113 Stat. 275), is modified to authorize the 

20 Secretary to construct the project at a total cost of 

21 $212,100,000, with an estimated Federal cost of 

22 $98,800,000 and a non-Federal cost of $113,300,000. 

23 SEC. 3320. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

24 The project for flood damage reduction, Yuba River 

25 Basin, California, authorized by section 101(a)(10) of the 
134

•S 2773 RS 

1 Water Resources Development Act of 1999 (113 Stat. 

2 275), is modified to authorize the Secretary to construct 

3 the project at a total cost of $107,700,000, with an esti4 mated Federal share of $70,000,000 and a non-Federal 

5 share of $37,700,000. 

6 SEC. 3321. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO. 

7 (a) IN GENERAL.—The Secretary shall carry out ad8 ditional general construction measures to allow for oper9 ation at lower pool levels to satisfy the recreation mission 

10 at Dworshak Dam, Idaho. 

11 (b) IMPROVEMENTS.—In carrying out subsection (a), 

12 the Secretary shall provide for appropriate improvements 

13 to—

14 (1) facilities that are operated by the Corps of 

15 Engineers; and 

16 (2) facilities that, as of the date of enactment 

17 of this Act, are leased, permitted, or licensed for use 

18 by others. 

19 (c) COST SHARING.—The Secretary shall carry out 

20 this section through a cost-sharing program with Idaho 

21 State Parks and Recreation Department, with a total esti22 mated project cost of $5,300,000, with an estimated Fed23 eral cost of $3,900,000 and an estimated non-Federal cost 

24 of $1,400,000. 
135

•S 2773 RS 

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

2 The project for flood control, Gooding, Idaho, as con3 structed under the emergency conservation work program 

4 established under the Act of March 31, 1933 (16 U.S.C. 

5 585 et seq.) is modified to—

6 (1) direct the Secretary to rehabilitate the 

7 Gooding Channel Project for the purposes of flood 

8 control and ecosystem restoration, if the Secretary 

9 determines that the rehabilitation and ecosystem res10 toration is feasible; 

11 (2) authorize and direct the Secretary to plan, 

12 design, and construct the project at a total cost of 

13 $9,000,000; 

14 (3) authorize the non-Federal interest to pro15 vide any portion of the non-Federal share of the cost 

16 of the project in the form of services, materials, sup17 plies, or other in-kind contributions; 

18 (4) authorize the non-Federal interest to use 

19 funds made available under any other Federal pro20 gram toward the non-Federal share of the cost of 

21 the project if the use of the funds is permitted under 

22 the other Federal program; and 

23 (5) direct the Secretary, in calculating the non24 Federal share of the cost of the project, to make a 

25 determination under section 103(m) of the Water 

26 Resources Development Act of 1986 (33 U.S.C. 
136

•S 2773 RS 

1 2213(m)) on the ability to pay of the non-Federal 

2 interest. 

3 SEC. 3323. 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. 3324. 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-
137

•S 2773 RS 

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. 
138

•S 2773 RS 

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. 3325. 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-
139

•S 2773 RS 

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. 3326. CUMBERLAND, MARYLAND. 

23 Section 580(a) of the Water Resources Development 

24 Act of 1999 (113 Stat. 375) is amended—
140

•S 2773 RS 

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. 3327. 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, 
141

•S 2773 RS 

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-
142

•S 2773 RS 

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. 
143

•S 2773 RS 

1 SEC. 3328. 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. 3329. 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. 
144

•S 2773 RS 

1 SEC. 3330. TIOGA TOWNSHIP, PENNSYLVANIA. 

2 (a) IN GENERAL.—The Secretary shall convey by 

3 quitclaim deed to the Tioga Township, Pennsylvania, with4 out consideration, all right, title, and interest in and to 

5 the parcel of real property located on the northeast end 

6 of Tract No. 226, a portion of the Tioga-Hammond Lakes 

7 Floods Control Project, Tioga County, Pennsylvania, con8 sisting of approximately 8 acres, together with any im9 provements on that property, in as-is condition, for public 

10 ownership and use as the site of the administrative offices 

11 and road maintenance complex for 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, 
145

•S 2773 RS 

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. 3331. 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. 3332. 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. 
146

•S 2773 RS 

1 SEC. 3333. HARRIS COUNTY, TEXAS. 

2 Section 575(b) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amend4 ed—

5 (1) in paragraph (3), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (4), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding the following: 

10 ‘‘(5) the project for flood control, Upper White 

11 Oak Bayou, Texas, authorized by section 401(a) of 

12 the Water Resources Development Act of 1986 (100 

13 Stat. 4125).’’. 

14 SEC. 3334. CHEHALIS RIVER, CENTRALIA, WASHINGTON. 

15 The project for flood control, Centralia, Washington, 

16 authorized by section 401(a) of the Water Resources De17 velopment Act of 1986 (100 Stat. 4126) is modified to 

18 be carried out at a total cost of $94,357,000, with a Fed19 eral cost of $56,467,000 and a non-Federal cost of 

20 $37,890,000, and shall be carried out by the Secretary 

21 substantially in accordance with the plans, and subject to 

22 conditions, recommended in a final report of the Chief of 

23 Engineers, if a favorable final report of the Chief is com24 pleted not later than December 31, 2004. 
147

•S 2773 RS 

1 SEC. 3335. EROSION CONTROL, PUGET ISLAND, 

2 WAHKIAKUM COUNTY, WASHINGTON. 

3 (a) IN GENERAL.—The Lower Columbia River levees 

4 and bank protection works authorized by section 204 of 

5 the Flood Control Act of 1950 (64 Stat. 178) is modified 

6 with regard to the Wahkiakum County diking districts No. 

7 1 and 3, but without regard to any cost ceiling authorized 

8 before the date of enactment of this Act, to direct the Sec9 retary to provide a 1-time placement of dredged material 

10 along portions of the Columbia River shoreline of Puget 

11 Island, Washington, between river miles 38 to 47, to pro12 tect economic and environmental resources in the area 

13 from further erosion. 

14 (b) COORDINATION AND COST-SHARING REQUIRE15 MENTS.—The Secretary shall carry out subsection (a)—

16 (1) in coordination with appropriate resource 

17 agencies; 

18 (2) in accordance with all applicable Federal 

19 law (including regulations); and 

20 (3) at full Federal expense. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $1,000,000. 

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

25 The project for flood control at Milton, Vest Virginia, 

26 authorized by section 580 of the Water Resources Devel-
148

•S 2773 RS 

1 opment Act of 1996 (110 Stat. 3790), as modified by sec2 tion 340 of the Water Resources Development Act of 2000 

3 (114 Stat. 2612), is modified to authorize the Secretary 

4 to construct the project substantially in accordance with 

5 the draft report of the Corps of Engineers dated May 

6 2004, at an estimated total cost of $45,500,000, with an 

7 estimated Federal cost of $34,125,000 and an estimated 

8 non-Federal cost of $11,375,000. 

9 Subchapter C—Deauthorizations 

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

11 The project for flood damage reduction, Little Cove 

12 Creek, Glencoe, Alabama, authorized by the Supplemental 

13 Appropriations Act, 1985 (99 Stat. 312), is not author14 ized. 

15 SEC. 3342. WINSLOW, ARIZONA. 

16 The project for flood control, Little Colorado River, 

17 Winslow, Arizona, authorized by section 204 of the Flood 

18 Control Act of 1965 (79 Stat. 1083), is not authorized. 

19 SEC. 3343. GOLETA AND VICINITY, CALIFORNIA. 

20 The project for flood control, Goleta and Vicinity, 

21 California, authorized by section 201 of the Flood Control 

22 Act of 1970 (84 Stat. 1826), is not authorized. 

23 SEC. 3344. SHINGLE CREEK BASIN, FLORIDA. 

24 The project for flood control, Central and Southern 

25 Florida Project, Shingle Creek Basin, Florida, authorized 
149

•S 2773 RS 

1 by section 203 of the Flood Control Act of 1962 (76 Stat. 

2 1182), is not authorized. 

3 SEC. 3345. BREVOORT, INDIANA. 

4 The project for flood control, Brevoort, Indiana, au5 thorized under section 5 of the Flood Control Act of 1936 

6 (49 Stat. 1587), is not authorized. 

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

8 The project for flood control, Middle Wabash, Green9 field Bayou, Indiana, authorized by section 10 of the 

10 Flood Control Act of 1946 (60 Stat. 649), is not author11 ized. 

12 SEC. 3347. LAKE GEORGE, HOBART, INDIANA. 

13 The project for flood damage reduction, Lake George, 

14 Hobart, Indiana, authorized by section 602 of the Water 

15 Resources Development Act of 1986 (100 Stat. 4148), is 

16 not authorized. 

17 SEC. 3348. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 

18 2, IOWA. 

19 The project for flood damage reduction, Green Bay 

20 Levee and Drainage District No. 2, Iowa, authorized by 

21 section 401(a) of the Water Resources Development Act 

22 of 1986 (100 Stat. 4115), deauthorized in fiscal year 

23 1991, and reauthorized by section 115(a)(1) of the Water 

24 Resources Development Act of 1992 (106 Stat. 4821), is 

25 not authorized. 
150

•S 2773 RS 

1 SEC. 3349. EAGLE CREEK LAKE, KENTUCKY. 

2 The project for flood control and water supply, Eagle 

3 Creek Lake, Kentucky, authorized by section 203 of the 

4 Flood Control Act of 1962 (76 Stat. 1188), is not author5 ized. 

6 SEC. 3350. HAZARD, KENTUCKY. 

7 The project for flood damage reduction, Hazard, 

8 Kentucky, authorized by section 3 of the Water Resources 

9 Development Act of 1988 (102 Stat. 4014) and section 

10 108 of the Water Resources Development Act of 1990 

11 (104 Stat. 4621), is not authorized. 

12 SEC. 3351. TAYLORSVILLE LAKE, KENTUCKY. 

13 The recreation portion of the project for flood control, 

14 Taylorsville Lake, Kentucky, authorized by section 203 of 

15 the Flood Control Act of 1966 (80 Stat. 1421), is not au16 thorized. 

17 SEC. 3352. WEST KENTUCKY TRIBUTARIES, KENTUCKY. 

18 The project for flood control, West Kentucky Tribu19 taries, Kentucky, authorized by section 204 of the Flood 

20 Control Act of 1965 (79 Stat. 1081), section 201 of the 

21 Flood Control Act of 1970 (84 Stat. 1825), and section 

22 401(b) of the Water Resources Development Act of 1986 

23 (100 Stat. 4129), is not authorized. 
151

•S 2773 RS 

1 SEC. 3353. BAYOU COCODRIE AND TRIBUTARIES, LOU2 ISIANA. 

3 The project for flood damage reduction, Bayou 

4 Cocodrie and Tributaries, Louisiana, authorized by section 

5 3 of the of the Act entitled ‘‘An Act authorizing the con6 struction of certain public works on rivers and harbors for 

7 flood control, and for other purposes’’, approved August 

8 18, 1941 (55 Stat. 644), and section 1(a) of the Water 

9 Resources Development Act of 1974 (88 Stat. 12), is not 

10 authorized. 

11 SEC. 3354. EASTERN RAPIDES AND SOUTH-CENTRAL 

12 AVOYELLES PARISHES, LOUISIANA. 

13 The project for flood control, Eastern Rapides and 

14 South-Central Avoyelles Parishes, Louisiana, authorized 

15 by section 201 of the Flood Control Act of 1970 (84 Stat. 

16 1825), is not authorized. 

17 SEC. 3355. PLATTE RIVER FLOOD AND RELATED 

18 STREAMBANK EROSION CONTROL, NE19 BRASKA. 

20 The project for flood damage reduction, Platte River 

21 Flood and Related Streambank Erosion Control, Ne22 braska, authorized by section 603 of the Water Resources 

23 Development Act of 1986 (100 Stat. 4149), is not author24 ized. 
152

•S 2773 RS 

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

2 SOUTH CAROLINA. 

3 The project for flood damage reduction, Sugar Creek 

4 Basin, North Carolina and South Carolina, authorized by 

5 section 401(a) of the Water Resources Development Act 

6 of 1986 (100 Stat. 4121), is not authorized.

7 SEC. 3357. PARKER LAKE, MUDDY BOGGY CREEK, OKLA8 HOMA. 

9 The project for flood control and water supply, 

10 Parker Lake, Muddy Boggy Creek, Oklahoma, authorized 

11 by section 401(a) of the Water Resources Development 

12 Act of 1986 (100 Stat. 4123), is not authorized. 

13 SEC. 3358. CHARTIERS CREEK, CANNONSBURG (HOUSTON 

14 REACH UNIT 2B), PENNSYLVANIA. 

15 The project for flood control, Chartiers Creek, 

16 Cannonsburg (Houston Reach Unit 2B), Pennsylvania, 

17 authorized by section 204 of the Flood Control Act of 

18 1965 (79 Stat. 1081), is not authorized. 

19 SEC. 3359. TIOGA-HAMMOND LAKES, PENNSYLVANIA. 

20 The project for flood control and recreation, Tioga21 Hammond Lakes, Mill Creek Recreation, Pennsylvania, 

22 authorized by section 203 of the Flood Control Act of 

23 1958 (72 Stat. 313), is not authorized. 
153

•S 2773 RS 

1 SEC. 3360. TAMAQUA, PENNSYLVANIA. 

2 The project for flood control, Tamaqua, Pennsyl3 vania, authorized by section 1(a) of the Water Resources 

4 Development Act of 1974 (88 Stat. 14), is not authorized. 

5 SEC. 3361. ARROYO COLORADO, TEXAS. 

6 The project for flood damage reduction, Arroyo Colo7 rado, Texas, authorized by section 401(a) of the Water 

8 Resources Development Act of 1986 (100 Stat. 4125), is 

9 not authorized. 

10 SEC. 3362. CYPRESS CREEK-STRUCTURAL, TEXAS. 

11 The project for flood damage reduction, Cypress 

12 Creek-Structural, Texas, authorized by section 3(a)(13) of 

13 the Water Resources Development Act of 1988 (102 Stat. 

14 4014), is not authorized. 

15 SEC. 3363. EAST FORK CHANNEL IMPROVEMENT, INCRE16 MENT 2, EAST FORK OF THE TRINITY RIVER, 

17 TEXAS. 

18 The project for flood damage reduction, East Fork 

19 Channel Improvement, Increment 2, East Fork of the 

20 Trinity River, Texas, authorized by section 203 of the 

21 Flood Control Act of 1962 (76 Stat. 1185), is not author22 ized. 

23 SEC. 3364. FALFURRIAS, TEXAS. 

24 The project for flood damage reduction, Falfurrias, 

25 Texas, authorized by section 3(a)(14) of the Water Re-
154

•S 2773 RS 

1 sources Development Act of 1988 (102 Stat. 4014), is not 

2 authorized. 

3 SEC. 3365. PECAN BAYOU LAKE, TEXAS. 

4 The project for flood control, Pecan Bayou Lake, 

5 Texas, authorized by section 203 of the Flood Control Act 

6 of 1968 (82 Stat. 742), is not authorized. 

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

8 The project for bank erosion, Kanawha River, 

9 Charleston, West Virginia, authorized by section 

10 603(f)(13) of the Water Resources Development Act of 

11 1986 (100 Stat. 4153), is not authorized. 

12 Subtitle B—Coastal Storm Damage 

13 Reduction 

14 CHAPTER 1—GENERAL PROVISIONS 

15 SEC. 3401. SHORE PROTECTION AND BEACH RENOURISH16 MENT PROJECTS. 

17 (a) REVISION OF PLANNING GUIDELINES, REGULA18 TIONS AND CIRCULARS FOR BEACH RENOURISHMENT

19 PROJECTS.—Not later than 18 months after the date of 

20 enactment of this Act, the Secretary, in collaboration with 

21 the advisory committee established under subsection (c), 

22 shall revise the planning guidelines, regulations, and circu23 lars of the Corps of Engineers for the consideration and 

24 construction of beach replenishment projects involving 

25 large dredge and fill activities. 
155

•S 2773 RS 

1 (b) REQUIREMENTS.—Planning regulations of the 

2 Corps of Engineers that are revised under subsection (a) 

3 shall—

4 (1) ensure, to the maximum extent practicable, 

5 that beach replenishment projects do not harm reefs 

6 or other habitats identified as essential fish habitat 

7 or habitat areas of particular concern under the Sus8 tainable Fisheries Act (16 U.S.C. 1801); 

9 (2) require the consideration of nonstructural 

10 alternatives to large dredge and fill activities, includ11 ing sand bypass systems, relocation, and elevation; 

12 (3) establish standards for the timing of beach 

13 replenishment projects that are designed to avoid, 

14 and subsequently minimize, impacts to wildlife and 

15 habitat quality; 

16 (4) establish standards that ensure that sand 

17 deposited on replenished beaches features compatible 

18 grain size, shell content, and other geological charac19 teristics of a natural beach; 

20 (5) ensure that those standards are not lowered 

21 as the availability of compatible sand decreases; 

22 (6) require long-term monitoring of turbidity to 

23 quantify the impacts to primary production in areas 

24 with coral reefs, and secondary production in areas 

25 with game fishes; 
156

•S 2773 RS 

1 (7) establish buffer distances between dredge 

2 sites and reefs that are sufficient to eliminate fur3 ther reef damage from operator or design failures; 

4 (8) develop programmatic environmental impact 

5 statements to establish standards for coastal regions 

6 subject to continuous levels of large dredge and fill 

7 activity; 

8 (9) revise public notice and comment proce9 dures to ensure adequate time for interagency and 

10 public comments, including the comments of Federal 

11 fishery management councils; and 

12 (10) establish a standardized interagency data13 base that collects, distributes, and archives funda14 mental pre- and post-project information to guide 

15 future planning and management. 

16 (c) ADVISORY COMMITTEE.—

17 (1) ESTABLISHMENT.—To develop the guide18 lines, regulations, and circulars required under sub19 section (a), the Secretary shall establish an advisory 

20 committee of biologists, engineers, geologists, and 

21 other experts with independent scientific and tech22 nical expertise relating to the environmental impacts 

23 of beach replenishment projects and potential alter24 natives. 
157

•S 2773 RS 

1 (2) APPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall apply to 

3 the advisory committee established under this sec4 tion. 

5 (d) NOTICE AND COMMENT.—The Secretary shall 

6 comply with the notice and comment provisions of chapter 

7 551 of title 5, United States Code, in issuing revised plan8 ning regulations, guidelines, and circulars.

9 (e) APPLICABILITY.—On completion of the revisions 

10 required under this section, the Secretary shall apply the 

11 revised regulations to projects for which a draft feasibility 

12 study or draft reevaluation report has not yet been issued. 

13 SEC. 3402. REGIONAL SEDIMENT MANAGEMENT. 

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

15 Development Act of 1992 (33 U.S.C. 2326) is amended—

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

17 following: 

18 ‘‘(a) IN GENERAL.—In connection with dredging for 

19 construction, operation, or maintenance by the Secretary 

20 of an authorized navigation project, the Secretary may 

21 carry out projects for—

22 ‘‘(1) the protection, restoration, and creation of 

23 aquatic and ecologically related habitats, including 

24 wetland; and 
158

•S 2773 RS 

1 ‘‘(2) the transport and placement of suitable 

2 dredged material at locations identified in the plan 

3 prepared under subsection (e), or identified jointly 

4 by the non-Federal interest and the Secretary, for 

5 use in the construction, repair, or rehabilitation of 

6 projects associated with navigation, flood damage re7 duction, hydroelectric power, municipal and indus8 trial water supply, agricultural water supply, recre9 ation, hurricane and storm damage reduction, aquat10 ic plant control, and environmental protection and 

11 restoration.’’; 

12 (2) in subsection (b)—

13 (A) by striking ‘‘for the protection, res14 toration or creation of aquatic and ecologically 

15 related habitats’’ and inserting ‘‘undertaken 

16 under subsection (a)’’; 

17 (B) in paragraph (1), by striking ‘‘and’’ at 

18 the end; 

19 (C) in paragraph (2), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (D) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) the project complies with all applicable 

24 Federal, State, and local laws.’’; 
159

•S 2773 RS 

1 (3) in subsection (c), by striking ‘‘to—’’ and all 

2 that follows through ‘‘(2) pay’’ and insert ‘‘pay’’; 

3 (4) in subsection (d), by striking ‘‘for the pro4 tection, restoration, and creation of aquatic and eco5 logically related habitats’’; 

6 (5) by redesignating subsections (e), (f), and 

7 (g) as subsections (g), (i), and (h), respectively; 

8 (6) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) REGIONAL SEDIMENT MANAGEMENT PLANS.—

11 ‘‘(1) IN GENERAL.—In consultation and co12 operation with the appropriate Federal, State, and 

13 regional agencies, the Secretary shall develop plans 

14 for regional management of sediment dredged in 

15 conjunction with construction, operation, and main16 tenance of navigation projects, including potential 

17 beneficial uses for projects described in subsection 

18 (a). 

19 ‘‘(2) COSTS.—The costs of developing a plan 

20 under paragraph (1) shall be paid by the Secretary. 

21 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 

22 the Secretary shall give priority to regional sediment man23 agement projects in the vicinity of—

24 ‘‘(1) Fire Island Inlet, Suffolk County, New 

25 York; 
160

•S 2773 RS 

1 ‘‘(2) Fletcher Cove, California; and 

2 ‘‘(3) Toledo Harbor, Lucas County, Ohio.’’; and 

3 (7) in subsection (i) (as redesignated by para4 graph (5)), by striking ‘‘$15,000,000’’ and inserting 

5 ‘‘$30,000,000’’. 

6 (b) REPEAL.—

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

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

9 426j) is repealed. 

10 (2) EFFECT.—The repeal made by paragraph 

11 (1) shall not affect the authority of the Secretary to 

12 complete any project being carried out under that 

13 section on the day before the date of enactment of 

14 this Act. 

15 SEC. 3403. NATIONAL SHORELINE EROSION CONTROL DE16 VELOPMENT AND DEMONSTRATION PRO17 GRAM. 

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

19 Act of August 13, 1946 (33 U.S.C. 426h(a)), is amended 

20 by striking ‘‘6 years’’ and inserting ‘‘10 years’’. 

21 (b) EXTENSION OF PLANNING, DESIGN, AND CON22 STRUCTION PHASE.—Section 5(b)(1)(A) of the Act of Au23 gust 13, 1946 (33 U.S.C. 426h(b)(1)(A)) is amended by 

24 striking ‘‘3 years’’ and inserting ‘‘6 years’’. 
161

•S 2773 RS 

1 SEC. 3404. SHORE PROTECTION PROJECTS. 

2 (a) IN GENERAL.—In accordance with the Act of 

3 July 3, 1930 (33 U.S.C. 426) and notwithstanding admin4 istrative actions, it is the policy of the United States to 

5 promote shore protection projects and related research 

6 that encourage the protection, restoration, and enhance7 ment of sandy beaches, including beach restoration and 

8 periodic beach renourishment for a period of 50 years, on 

9 a comprehensive and coordinated basis by the Federal 

10 Government, States, localities, and private enterprises. 

11 (b) PREFERENCE.—In carrying out the policy, pref12 erence shall be given to—

13 (1) areas in which there has been a Federal in14 vestment of funds; and 

15 (2) areas with respect to which the need for 

16 prevention or mitigation of damage to shores and 

17 beaches is attributable to Federal navigation 

18 projects or other Federal activities. 

19 (c) APPLICABILITY.—The Secretary shall apply the 

20 policy to each shore protection and beach renourishment 

21 project (including shore protection and beach renourish22 ment projects in existence on the date of enactment of this 

23 Act). 
162

•S 2773 RS 

1 CHAPTER 2—STUDIES 

2 SEC. 3411. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL 

3 STUDY. 

4 Section 414 of the Water Resources Development Act 

5 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 

6 months’’ and inserting ‘‘44 months’’. 

7 CHAPTER 3—PROJECTS 

8 Subchapter A—Authorizations 

9 SEC. 3421. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

10 AND RESTORATION. 

11 (a) COASTAL LOUISIANA ECOSYSTEM RESTORATION

12 AND PROTECTION TASK FORCE.—

13 (1) ESTABLISHMENT.—There is established the 

14 Coastal Louisiana Ecosystem Protection and Res15 toration Task Force (referred to in this section as 

16 the ‘‘Task Force’’), which shall consist of the fol17 lowing members or their designee (at the level of as18 sistant secretary or equivalent): 

19 (A) The Secretary, who shall serve as 

20 chairperson. 

21 (B) The Secretary of the Interior. 

22 (C) The Secretary of Commerce. 

23 (D) The Administrator of the Environ24 mental Protection Agency. 

25 (E) The Secretary of Agriculture. 
163

•S 2773 RS 

1 (F) The Secretary of Transportation. 

2 (G) The Secretary of Energy. 

3 (H) The Secretary of Homeland Security. 

4 (I) The Governor of the State of Lou5 isiana. 

6 (2) DUTIES.—The Task Force shall make rec7 ommendations to the Secretary regarding—

8 (A) policies, strategies, plans, programs, 

9 projects, and activities for addressing conserva10 tion, protection, restoration, and maintenance 

11 of the coastal Louisiana ecosystem; 

12 (B) financial plans for each of the agencies 

13 represented on the Task Force for funds pro14 posed for the conservation, protection, restora15 tion, and maintenance of the coastal Louisiana 

16 ecosystem, including—

17 (i) recommendations that identify 

18 funds from current agency missions and 

19 budgets; and 

20 (ii) recommendations for coordinating 

21 individual agency budget requests; and 

22 (C) submission to Congress of a biennial 

23 report that summarizes the activities of the 

24 Task Force. 
164

•S 2773 RS 

1 (3) PROCEDURES AND ADVICE.—The Task 

2 Force shall—

3 (A) implement procedures to facilitate pub4 lic participation with regard to Task Force ac5 tivities, including—

6 (i) providing advance notice of meet7 ings; 

8 (ii) providing adequate opportunity 

9 for public input and comment; 

10 (iii) maintaining appropriate records; 

11 and 

12 (iv) making a record of proceedings 

13 available for public inspection; and 

14 (B) establish such working groups as are 

15 necessary to assist the Task Force in its duties. 

16 (4) COMPENSATION.—No member of the Task 

17 Force or any associated working group shall receive 

18 compensation for services provided as a member of 

19 the Task Force or working group. 

20 (5) TRAVEL EXPENSES.—Travel expenses in21 curred by a member of the Task Force, or a member 

22 of a working group, in the performance of services 

23 for the Task Force shall be paid by the agency or 

24 entity that the member represents. 

25 (b) COMPREHENSIVE PLAN.—
165

•S 2773 RS 

1 (1) IN GENERAL.—The Secretary shall, in co2 operation with the non-Federal interest, develop a 

3 comprehensive plan for the conservation, protection, 

4 restoration, and maintenance of the coastal Lou5 isiana ecosystem. 

6 (2) ADDITIONAL STUDIES, PROJECTS, AND PRO7 GRAMS.—In addition to the studies, projects, and 

8 programs developed under subsections (c) and (d), 

9 the comprehensive plan may include such additional 

10 studies, projects, and programs as the Secretary de11 termines to be necessary for the conservation, pro12 tection, restoration, and maintenance of the coastal 

13 Louisiana ecosystem. 

14 (3) FEATURES.—The comprehensive plan shall 

15 include such features as are necessary to restore the 

16 coastal Louisiana ecosystem by improving wetland 

17 sustainability, habitat suitability, and water quality. 

18 (4) SUBMISSION TO CONGRESS.—Not later than 

19 July 1, 2008, the Secretary shall submit to Congress 

20 the comprehensive plan. 

21 (c) INVESTIGATIONS.—

22 (1) IN GENERAL.—The Secretary shall initiate 

23 feasibility studies in accordance with the report of 

24 the Chief of Engineers on the Louisiana Coastal 

25 Area Ecosystem Restoration Study. 
166

•S 2773 RS 

1 (2) MISSISSIPPI RIVER GULF OUTLET.—The 

2 Secretary shall develop a plan for modification of the 

3 Mississippi River Gulf outlet that will address navi4 gation interests, environmental restoration, and 

5 threats to life and property. 

6 (3) EXISTING FEDERALLY-AUTHORIZED WATER

7 RESOURCES PROJECTS.—

8 (A) IN GENERAL.—The Secretary shall re9 evaluate existing federally-authorized water re10 sources projects in the coastal Louisiana eco11 system in order to determine whether the 

12 projects have the potential to contribute to eco13 system restoration through revised operations 

14 or modified project features. 

15 (B) NECESSARY REVISIONS.—If the Sec16 retary determines that revision of operations or 

17 modification of project features for existing fed18 erally-authorized water resources projects is 

19 necessary, those changes shall be implemented 

20 through post-authorization changes by the Sec21 retary or reauthorization by Congress, as ap22 propriate. 

23 (d) CONSTRUCTION.—

24 (1) COASTAL LOUISIANA ECOSYSTEM SCIENCE

25 AND TECHNOLOGY PROGRAM.—
167

•S 2773 RS 

1 (A) IN GENERAL.—There is established a 

2 Coastal Louisiana Ecosystem Science and Tech3 nology Program with an authorization of not to 

4 exceed a total of $50,000,000. 

5 (B) SCIENCE BOARD.—

6 (i) ESTABLISHMENT.—The Secretary 

7 shall establish a Science Board to provide 

8 periodic review and comment on program 

9 and project activities implemented pursu10 ant to subsections (b) and (c) and this 

11 subsection.

12 (ii) COMPOSITION.—The Science 

13 Board shall include nationally recognized 

14 experts, such as biologists, geologists, engi15 neers, hydrologists, and national experts in 

16 the restoration of aquatic and marine eco17 systems. 

18 (iii) DUTIES.—The Science Board 

19 shall make recommendations to the Sec20 retary to improve program and project per21 formance. 

22 (C) DIRECTOR.—

23 (i) IN GENERAL.—The Office of the 

24 Director of the Coastal Louisiana Science 
168

•S 2773 RS 

1 and Technology Program shall be estab2 lished by the Secretary. 

3 (ii) RECOMMENDATIONS.—The Direc4 tor shall provide recommendations to the 

5 Secretary regarding—

6 (I) development of an annual 

7 program to identify and address 

8 science and technology needs to sup9 port implementation of the Coastal 

10 Louisiana Ecosystem Science and 

11 Technology Program; and 

12 (II) direction and oversight of the 

13 implementation of the annual program 

14 developed in subclause (I) by using 

15 the research capabilities of Federal 

16 and State agencies and academic in17 stitutions. 

18 (D) DUTIES.—Duties of Program shall in19 clude—

20 (i) assessing the effects of coastal res21 toration measures; 

22 (ii) developing improved ecosystem, 

23 hydrologic, and economic modeling capa24 bilities for improved predictions of coastal 

25 conditions concerning habitat changes, 
169

•S 2773 RS 

1 land and wetland loss, storm surges, and 

2 economic impacts; 

3 (iii) developing new technologies for 

4 ecosystem restoration activities; 

5 (iv) providing scientific peer review of 

6 program and project outputs; 

7 (v) making recommendations to im8 prove program and project performance; 

9 (vi) identifying and addressing socio10 economic consequences of coastal land loss 

11 and restoration activities; and 

12 (vii) ensuring application of adaptive 

13 management principles and practices. 

14 (E) WORKING GROUPS.—The Director may 

15 establish such working groups as are necessary 

16 to assist in the duties of the Program. 

17 (2) DEMONSTRATION PROJECTS.—

18 (A) IN GENERAL.—Subject to subpara19 graphs (B) and (C), the Secretary may conduct 

20 projects for the purpose of resolving critical 

21 areas of scientific or technological uncertainty 

22 related to the implementation of the Louisiana 

23 Coastal Area Ecosystem Restoration Plan. 

24 (B) MAXIMUM COST.—
170

•S 2773 RS 

1 (i) TOTAL COST.—The total cost for 

2 all demonstration projects conducted under 

3 this paragraph shall not exceed 

4 $85,000,000. 

5 (ii) INDIVIDUAL PROJECT.—The total 

6 cost of an individual demonstration project 

7 conducted under this paragraph shall not 

8 exceed $15,000,000. 

9 (C) REVIEW AND APPROVAL.—No dem10 onstration project may be carried out under 

11 this subsection without the review and approval 

12 of the Secretary. 

13 (3) AUTHORITY.—The Bayou LaFourche River 

14 Reintroduction project is authorized at a total cost 

15 of $140,000,000, with an estimated Federal cost of 

16 $91,000,000 and an estimated non-Federal cost of 

17 $49,000,000. 

18 (4) INCREASED BENEFICIAL USE OF DREDGED

19 MATERIAL.—The Secretary shall implement a pro20 gram for the beneficial use of material dredged from 

21 Federally-maintained waterways in the Louisiana 

22 Coastal Area with an authorization of not to exceed 

23 a total of $50,000,000 for the period of fiscal years 

24 2005 through 2010. 

25 (e) COST SHARING.—
171

•S 2773 RS 

1 (1) IN GENERAL.—The non-Federal interest 

2 share of the cost of implementing a project under 

3 this section shall be 35 percent. 

4 (2) OPERATION.—Operation, maintenance, re5 pair, replacement, and rehabilitation of a project 

6 under this section shall be the responsibility of the 

7 non-Federal interest. 

8 (3) FORM.—After the obligations of the non9 Federal interest to provide all land, easements, 

10 rights-of-way, relocations, and disposal areas are ful11 filled, the non-Federal interest may provide the bal12 ance of the non-Federal share through the provision 

13 of services, materials, and other in-kind services that 

14 the Secretary determines to be integral to the pro15 gram. 

16 (4) CREDIT.—

17 (A) IN GENERAL.—The fair market value 

18 of land or interests in land and incidental costs 

19 for land acquired or provided by the non-Fed20 eral interest in accordance with decision docu21 ments for any project implemented under sub22 section (d) shall be—

23 (i) included in the total cost of the 

24 project; and 
172

•S 2773 RS 

1 (ii) credited toward the non-Federal 

2 share of the cost of the project. 

3 (B) SERVICES, MATERIALS, AND OTHER

4 IN-KIND SERVICES.—The Secretary may provide 

5 credit (including in-kind credit) toward the non6 Federal share for the reasonable cost of any 

7 work performed in connection with implementa8 tion of subsection (d) that is necessary for the 

9 implementation of subsection (d) if—

10 (i) the work is defined in an agree11 ment between the Secretary and the non12 Federal interest;

13 (ii) the governing agreement pre14 scribes the terms and conditions of the 

15 credit; and 

16 (iii) the Secretary determines that the 

17 work performed by the non-Federal inter18 est is integral to the program. 

19 (C) TREATMENT OF CREDIT BETWEEN

20 PROGRAM ELEMENTS.—Any credit provided 

21 under this paragraph may be carried over be22 tween authorized program elements in accord23 ance with subparagraph (D). 

24 (D) PERIODIC MONITORING.—
173

•S 2773 RS 

1 (i) IN GENERAL.—To ensure that the 

2 contributions of the non-Federal interest 

3 equal its 35 percent proportionate share 

4 for program elements, during each 5-year 

5 period, beginning with commencement of 

6 program implementation, the Secretary 

7 shall, for each program element—

8 (I) monitor the non-Federal pro9 vision of cash, services, materials, and 

10 other in-kind services, and land, ease11 ments, rights-of-way, relocations, and 

12 disposal areas; and 

13 (II) manage, to the extent prac14 ticable, the requirement of the non15 Federal interest to provide cash, serv16 ices, materials, and other in-kind serv17 ices, and land, easements, rights-of18 way, relocations, and disposal areas. 

19 (ii) OTHER MONITORING.—

20 (I) IN GENERAL.—The Secretary 

21 shall conduct monitoring under clause 

22 (i) separately for the construction 

23 phase and the preconstruction engi24 neering and design phase. 
174

•S 2773 RS 

1 (II) PRECONSTRUCTION ENGI2 NEERING AND DESIGN PHASE.—The 

3 monitoring for the preconstruction en4 gineering and design phase shall in5 clude activities related 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. 

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 may determine that—

21 (A) the activity is justified by the environ22 mental benefits derived by the coastal Louisiana 

23 ecosystem; and 
175

•S 2773 RS 

1 (B) no further economic justification for 

2 the activity is required, if the Secretary deter3 mines that the activity is cost-effective. 

4 (2) APPLICABILITY.—Paragraph (1) shall not 

5 apply to any separable element intended to produce 

6 benefits that are predominantly unrelated to the 

7 conservation, protection, restoration, or maintenance 

8 of the natural system. 

9 (g) CONSISTENCY.—In implementing, maintaining, 

10 modifying, or rehabilitating federally authorized water re11 sources projects in the coastal Louisiana ecosystem, the 

12 Secretary shall ensure that such actions are consistent 

13 with the purposes of plans, projects, and programs devel14 oped and implemented pursuant to this section. 

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 
176

•S 2773 RS 

1 committees under the Federal Advisory Committee 

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

3 SEC. 3422. 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 $740,000,000, with 

13 an estimated Federal cost of $481,000,000 and non-Fed14 eral cost of $259,000,000. 

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. 3423. 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 
177

•S 2773 RS 

1 Jersey, as described in the report of the Engineers dated 

2 December 30, 2003, at a total initial cost of $62,377,000, 

3 with an estimated Federal cost of $40,546,000 and an es4 timated non-Federal cost of $21,831,000, and with an es5 timated average annual cost of $1,911,000 for periodic 

6 nourishment over a period of 50 years, which shall be un7 dertaken at 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. 3424. SOUTH RIVER, NEW JERSEY. 

11 The Secretary may carry out the project for hurri12 cane and storm damage reduction and environmental res13 toration, South River, New Jersey, as described in the re14 port of the Chief of Engineers, dated July 22, 2003, at

15 a total cost of $105,437,000, with an estimated Federal 

16 cost of $68,534,000 and an estimated non-Federal cost 

17 of $36,903,000. 

18 SEC. 3425. 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—
178

•S 2773 RS 

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 SEC. 3426. COASTAL WETLAND CONSERVATION PROJECT 

8 FUNDING. 

9 (a) FUNDING.—Section 306 of the Coastal Wetlands 

10 Planning, Protection, and Restoration Act (16 U.S.C. 

11 3955) is amended—

12 (1) in subsection (a), by striking ‘‘, not to ex13 ceed $70,000,000,’’; 

14 (2) in subsection (b), by striking ‘‘, not to ex15 ceed $15,000,000’’; and 

16 (3) in subsection (c), by striking ‘‘, not to ex17 ceed $15,000,000,’’. 

18 (b) PERIOD OF AUTHORIZATION.—Section 4(a) of 

19 the Dingell-Johnson Sport Fish Restoration Act (16 

20 U.S.C. 777c(a)) is amended in the second sentence by 

21 striking ‘‘2009’’ and inserting ‘‘2019’’. 

22 Subchapter B—Modifications 

23 SEC. 3431. IMPERIAL BEACH, CALIFORNIA. 

24 The project for beach erosion, San Diego County, 

25 California, authorized by section 101 of the River and 
179

•S 2773 RS 

1 Harbor Act of 1958 (72 Stat. 300), is modified to author2 ize the Secretary to carry out the project substantially in 

3 accordance with the report of the Chief of Engineers for 

4 Silver Shoreline, Imperial Beach, California, dated Decem5 ber 30, 2003, at a total cost of $48,264,000, with an esti6 mated Federal cost of $25,759,000 and an estimated non7 Federal cost of $22,505,000. 

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

9 The project for shore protection, Lido Key Beach, 

10 Sarasota, Florida, authorized by section 101 of the River 

11 and Harbor Act of 1970 (84 Stat. 1819), deauthorized 

12 under section 1001(b) of the Water Resources Develop13 ment Act of 1986 (33 U.S.C. 579a(b)), and reauthorized 

14 by section 364(2)(A) of the Water Resources Development 

15 Act of 1999 (113 Stat. 313), is modified to direct the Sec16 retary to construct the project in accordance with the fea17 sibility report of October 2002, at a total cost of 

18 $12,632,200, with an estimated Federal cost of 

19 $7,882,493 and an estimated non-Federal cost of 

20 $4,749,702. 

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

22 Section 554 of the Water Resources Development Act 

23 of 1996 (110 Stat. 3781) is amended by striking 

24 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’. 
180

•S 2773 RS 

1 Subchapter C—Deauthorizations 

2 SEC. 3441. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU3 ISIANA. 

4 The project for erosion protection and recreation, 

5 Fort Livingston, Grande Terre Island, Louisiana, author6 ized by the Act of August 13, 1946 (commonly known as 

7 the ‘‘Flood Control Act of 1946’’) (33 U.S.C. 426e et 

8 seq.), is not authorized. 

9 TITLE IV—ECOSYSTEM RES10 TORATION AND ENVIRON11 MENTAL REMEDIATION PRO12 GRAM 

13 Subtitle A—Ecosystem Restoration 

14 CHAPTER 1—GENERAL PROVISIONS 

15 SEC. 4001. COST SHARING FOR MONITORING. 

16 (a) IN GENERAL.—Costs incurred for monitoring for 

17 an ecosystem restoration project shall be cost-shared—

18 (1) in accordance with the formula relating to 

19 the applicable original construction project; and 

20 (2) for a maximum period of 10 years. 

21 (b) AGGREGATE LIMITATION.—Monitoring costs for 

22 an ecosystem restoration project—

23 (1) shall not exceed in the aggregate, for a 10-

24 year period, an amount equal to 5 percent of the 
181

•S 2773 RS 

1 cost of the applicable original construction project; 

2 and 

3 (2) after the 10-year period, shall be 100 per4 cent non-Federal. 

5 SEC. 4002. ECOSYSTEM RESTORATION BENEFITS. 

6 For each of the following projects, the Corps of Engi7 neers shall include ecosystem restoration benefits in the 

8 calculation of benefits for the project: 

9 (1) Grayson’s Creek, California. 

10 (2) Seven Oaks, California. 

11 (3) Oxford, California. 

12 (4) Walnut Creek, California. 

13 (5) Wildcat Phase II, California. 

14 SEC. 4003. GREAT LAKES INTERAGENCY TASK FORCE. 

15 Executive Order 13340 entitled ‘‘Establishment of 

16 Great Lakes Interagency Task Force and Promotion of 

17 a Regional Collaboration of National Significance for the 

18 Great Lakes’’ (69 Fed. Reg. 29043 (May 18, 2004)) is 

19 enacted into law. 
182

•S 2773 RS 

1 CHAPTER 2—CONTINUING AUTHORITIES 

2 PROGRAMS 

3 SEC. 4101. RESTORATION OF THE ENVIRONMENT FOR PRO4 TECTION OF AQUATIC AND RIPARIAN ECO5 SYSTEMS PROGRAM. 

6 Section 206 of the Water Resources Development Act 

7 of 1996 (33 U.S.C. 2330) is amended—

8 (1) by striking the section heading and insert9 ing the following: 

10 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO11 TECTION OF AQUATIC AND RIPARIAN ECO12 SYSTEMS PROGRAM.’’; 

13 (2) in subsection (a), by striking ‘‘an aquatic’’ 

14 and inserting ‘‘a freshwater aquatic’’; and

15 (3) in subsection (e), by striking ‘‘$25,000,000’’ 

16 and inserting ‘‘$75,000,000’’. 

17 SEC. 4102. ENVIRONMENTAL MODIFICATION OF PROJECTS 

18 FOR IMPROVEMENT AND RESTORATION OF 

19 ECOSYSTEMS PROGRAM. 

20 Section 1135 of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2309a) is amended—

22 (1) by striking the section heading and insert23 ing the following: 
183

•S 2773 RS 

1 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS 

2 FOR IMPROVEMENT AND RESTORATION OF 

3 ECOSYSTEMS PROGRAM.’’; 

4 and 

5 (2) in subsection (h), by striking ‘‘25,000,000’’ 

6 and inserting ‘‘$50,000,000’’. 

7 SEC. 4103. PROJECTS TO ENHANCE ESTUARIES AND COAST8 AL HABITATS. 

9 (a) GENERAL AUTHORITY.—The Secretary may 

10 carry out an estuary habitat restoration project if the Sec11 retary determines that the project—

12 (1) will improve the elements and features of an 

13 estuary (as defined in section 103 of the Estuaries 

14 and Clean Waters Act of 2000 (33 U.S.C. 2902)); 

15 (2) is in the public interest; and 

16 (3) is cost-effective. 

17 (b) COST SHARING.—The non-Federal share of the 

18 cost of construction of any project carried out under this 

19 section—

20 (1) shall be 35 percent; and 

21 (2) shall include provision of all land, ease22 ments, rights-of-way, and necessary relocations. 

23 (c) AGREEMENTS.—Construction of a project under 

24 this section shall be commenced only after a non-Federal 

25 interest has entered into a binding agreement with the 

26 Secretary—
184

•S 2773 RS 

1 (1) to pay the non-Federal share of the costs of 

2 construction required under subsection (b); and 

3 (2) to pay 100 percent of any operation, main4 tenance, and replacement and rehabilitation costs of 

5 the project, in accordance with regulations promul6 gated by the Secretary. 

7 (d) COST LIMITATION.—Not more than $5,000,000 

8 in Federal funds may be allocated under this section for 

9 a project at any 1 location. 

10 (e) FUNDING.—There is authorized to be appro11 priated to carry out this section $25,000,000 for each fis12 cal year. 

13 CHAPTER 3—STUDIES 

14 Subchapter A—Study Authorizations 

15 SEC. 4201. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND 

16 NEW YORK. 

17 The Secretary shall—

18 (1) determine, at full Federal expense, the fea19 sibility of a dispersal barrier project at the Lake 

20 Champlain Canal; and 

21 (2) if determined to be feasible, construct, 

22 maintain, and operate the dispersal barrier at full 

23 Federal expense. 
185

•S 2773 RS 

1 SEC. 4202. EURASIAN MILFOIL. 

2 Under the authority of section 104 of the River and 

3 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall 

4 carry out a study, at full Federal expense, to develop na5 tional protocols for the use of the Euhrychiopsis lecontei 

6 weevil for biological control of Eurasian milfoil in the lakes 

7 of Vermont and other northern tier States. 

8 Subchapter B—Study Modifications 

9 SEC. 4211. SAN PABLO BAY WATERSHED RESTORATION, 

10 CALIFORNIA. 

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

12 work as expeditiously as practicable on the San Pablo wa13 tershed, California, study authorized under section 209 of 

14 the Flood Control Act of 1962 (76 Stat. 1196) to deter15 mine the feasibility of opportunities for restoring, pre16 serving, and protecting the San Pablo Bay Watershed. 

17 (b) REPORT.—Not later than March 31, 2008, the 

18 Secretary shall submit to Congress a report that describes 

19 the results of the study. 

20 CHAPTER 4—PROJECTS 

21 Subchapter A—Authorizations 

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

23 The Secretary may carry out the project for eco24 system restoration, Matilija Dam and Ventura River Wa25 tershed, Ventura County, California, at a total estimated 

26 cost of $130,335,000, with an estimated Federal cost of 
186

•S 2773 RS 

1 $78,972,750 and an estimated non-Federal cost of 

2 $51,362,250, substantially in accordance with the plans, 

3 and subject to the conditions, recommended in a final re4 port of the Chief of Engineers, if a favorable report of 

5 the Chief is completed for the project not later than De6 cember 31, 2004. 

7 SEC. 4302. NAPA RIVER SALT MARSH, CALIFORNIA. 

8 The Secretary may carry out the project for eco9 system restoration, Napa River Salt Marsh, California, at 

10 a total estimated cost of $100,500,000, with an estimated 

11 Federal cost of $64,000,000 and an estimated non-Fed12 eral cost of $36,500,000, 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 re15 port of the Chief is completed for the project not later 

16 than December 31, 2004. 

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

18 CALIFORNIA. 

19 (a) COOPERATIVE PROGRAM.—

20 (1) IN GENERAL.—The Secretary shall partici21 pate with appropriate State and local agencies in the 

22 implementation of a cooperative program to improve 

23 and manage fisheries and aquatic habitat conditions 

24 in Pine Flat Reservoir and in the 14-mile reach of 
187

•S 2773 RS 

1 the Kings River immediately below Pine Flat Dam, 

2 California, in a manner that—

3 (A) provides for long-term aquatic resource 

4 enhancement; and 

5 (B) avoids adverse effects on water storage 

6 and water rights holders. 

7 (2) GOALS AND PRINCIPLES.—The cooperative 

8 program described in paragraph (1) shall be carried 

9 out—

10 (A) substantially in accordance with the 

11 goals and principles of the document entitled 

12 ‘‘Kings River Fisheries Management Program 

13 Framework Agreement’’ and dated May 29, 

14 1999, between the California Department of

15 Fish and Game and the Kings River Water As16 sociation and the Kings River Conservation 

17 District; and 

18 (B) in cooperation with the parties to that 

19 agreement. 

20 (b) PARTICIPATION BY SECRETARY.—

21 (1) IN GENERAL.—In furtherance of the goals 

22 of the agreement described in subsection (a)(2)(A), 

23 the Secretary shall participate in the planning, de24 sign, and construction of projects and pilot projects 

25 on the Kings River and its tributaries to enhance 
188

•S 2773 RS 

1 aquatic habitat and water availability for fisheries 

2 purposes (including maintenance of a trout fishery) 

3 in accordance with flood control operations, water 

4 rights, and beneficial uses in existence as of the date 

5 of enactment of this Act. 

6 (2) PROJECTS.—Projects referred to in para7 graph (1) may include—

8 (A) projects to construct or improve pump9 ing, conveyance, and storage facilities to en10 hance water transfers; and 

11 (B) projects to carry out water exchanges 

12 and create opportunities to use floodwater with13 in and downstream of Pine Flat Reservoir. 

14 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

15 PROJECTS.—Nothing in this section authorizes any 

16 project for the raising of Pine Flat Dam or the construc17 tion of a multilevel intake structure at Pine Flat Dam. 

18 (d) USE OF EXISTING STUDIES.—In carrying out 

19 this section, the Secretary shall use, to the maximum ex20 tent practicable, studies in existence on the date of enact21 ment of this Act, including data and environmental docu22 mentation in the document entitled ‘‘Final Feasibility Re23 port and Report of the Chief of Engineers for Pine Flat 

24 Dam Fish and Wildlife Habitat Restoration’’ and dated 

25 July 19, 2002. 
189

•S 2773 RS 

1 (e) COST SHARING.—

2 (1) PROJECT PLANNING, DESIGN, AND CON3 STRUCTION.—The Federal share of the cost of plan4 ning, design, and construction of a project under 

5 subsection (b) shall be 65 percent. 

6 (2) NON-FEDERAL SHARE.—

7 (A) CREDIT FOR LAND, EASEMENTS, AND

8 RIGHTS-OF-WAY.—The Secretary shall credit to9 ward the non-Federal share of the cost of con10 struction of any project under subsection (b) 

11 the value, regardless of the date of acquisition, 

12 of any land, easements, rights-of-way, dredged 

13 material disposal areas, or relocations provided 

14 by the non-Federal interest for use in carrying 

15 out the project. 

16 (B) FORM.—The non-Federal interest may 

17 provide not more than 50 percent of the non18 Federal share required under this subsection in 

19 the form of services, materials, supplies, or 

20 other in-kind contributions. 

21 (f) OPERATION AND MAINTENANCE.—The operation, 

22 maintenance, repair, rehabilitation, and replacement of 

23 projects carried out under this section shall be a non-Fed24 eral responsibility. 
190

•S 2773 RS 

1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $20,000,000, to remain available until expended. 

4 SEC. 4304. SALTON SEA RESTORATION, CALIFORNIA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) SALTON SEA AUTHORITY.—The term 

7 ‘‘Salton Sea Authority’’ means the Joint Powers Au8 thority established under the laws of the State of 

9 California by a joint power agreement signed on 

10 June 2, 1993. 

11 (2) SALTON SEA SCIENCE OFFICE.—The term 

12 ‘‘Salton Sea Science Office’’ means the Office estab13 lished by the United States Geological Survey and 

14 currently located in La Quinta, California. 

15 (b) PILOT PROJECTS.—

16 (1) IN GENERAL.—The Secretary shall review 

17 the preferred restoration concept plan approved by 

18 the Salton Sea Authority to determine that the pilot 

19 projects are economically justified, technically sound, 

20 environmentally acceptable, and meet the objectives 

21 of the Salton Sea Reclamation Act (Public Law 

22 105–372). If the Secretary makes a positive deter23 mination, the Secretary may enter into an agree24 ment with the Salton Sea Authority and, in con25 sultation with the Salton Sea Science Office, carry 
191

•S 2773 RS 

1 out pilot projects for improvement of the environ2 ment in the Salton Sea. 

3 (2) LOCAL PARTICIPATION.—In prioritizing 

4 pilot projects under this section, the Secretary 

5 shall—

6 (A) consult with the Salton Sea Authority; 

7 and 

8 (B) consider the priorities of the Salton 

9 Sea Authority. 

10 (3) COST SHARING.—Before carrying out a 

11 pilot project under this section, the Secretary shall 

12 enter into a written agreement with the Salton Sea 

13 Authority that requires the non-Federal interest 

14 to—

15 (A) pay 35 percent of the total costs of the 

16 pilot project; 

17 (B) acquire any land, easements, rights-of18 way, relocations, and dredged material disposal 

19 areas necessary to carry out the pilot project; 

20 and 

21 (C) hold the United States harmless from 

22 any claim or damage that may arise from car23 rying out the pilot project, except any claim or 

24 damage that may arise from the negligence of 
192

•S 2773 RS 

1 the Federal Government or a contractor of the 

2 Federal Government. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out subsection (b) 

5 $26,000,000, of which not more than $5,000,000 may be 

6 used for any 1 pilot project under this section. 

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

8 The Secretary may carry out the project for environ9 mental restoration, Denver County Reach, South Platte 

10 River, Denver, Colorado, in accordance with the report of 

11 the chief of Engineers dated May 16, 2003, at a total cost 

12 of $17,997,000, with an estimated Federal cost of 

13 $11,698,000 and an estimated non-Federal cost of 

14 $6,299,000.

15 SEC. 4306. 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 
193

•S 2773 RS 

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 (d) CREDIT.—

12 (1) IN GENERAL.—The Secretary shall credit to 

13 each State the proportion of funds that the State 

14 contributed to the authorized dispersal barriers. 

15 (2) USE.—A State may apply the credit to ex16 isting or future projects of the Corps of Engineers. 

17 SEC. 4307. SMITH ISLAND, MARYLAND. 

18 The Secretary may carry out the project for environ19 mental restoration, Smith Island, Somerset County, Mary20 land, at a total cost of $14,500,000, with an estimated 

21 Federal cost of $9,425,000 and an estimated non-Federal 

22 cost of $5,075,000, substantially in accordance with the 

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

24 final report of the Chief of Engineers dated October 29, 

25 2001. 
194

•S 2773 RS 

1 SEC. 4308. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 

2 RESTORATION, NEW HAMPSHIRE AND 

3 VERMONT. 

4 (a) GENERAL MANAGEMENT PLAN DEVELOP5 MENT.—

6 (1) The Secretary, in cooperation with the Sec7 retary of Agriculture and in consultation with the 

8 States of Vermont and New Hampshire and the 

9 Connecticut River Joint Commission, shall conduct a 

10 study and develop a general management plan for 

11 ecosystem restoration of the Upper Connecticut 

12 River ecosystem for the purposes of—

13 (A) habitat protection and restoration; 

14 (B) streambank stabilization; 

15 (C) restoration of stream stability; 

16 (D) water quality improvement; 

17 (E) invasive species control; 

18 (F) wetland restoration; 

19 (G) fish passage; and 

20 (H) natural flow restoration. 

21 (2) EXISTING PLANS.—In developing the gen22 eral management plan, the Secretary shall depend 

23 heavily on existing plans for the restoration of the 

24 Upper Connecticut River. 

25 (b) CRITICAL RESTORATION PROJECTS.—
195

•S 2773 RS 

1 (1) IN GENERAL.—The Secretary may partici2 pate in any critical restoration project in the Upper 

3 Connecticut River Basin in accordance with the gen4 eral management plan developed under subsection 

5 (a). 

6 (2) ELIGIBLE PROJECTS.—A critical restoration 

7 project shall be eligible for assistance under this sec8 tion if the project—

9 (A) meets the purposes described in the 

10 general management plan developed under sub11 section (a); and 

12 (B) with respect to the Upper Connecticut 

13 River and Upper Connecticut River watershed, 

14 consists of—

15 (i) bank stabilization of the main 

16 stem, tributaries, and streams; 

17 (ii) wetland restoration and migratory 

18 bird habitat restoration; 

19 (iii) soil and water conservation; 

20 (iv) restoration of natural flows; 

21 (v) restoration of stream stability; 

22 (vi) implementation of an intergovern23 mental agreement for coordinating eco24 system restoration, fish passage installa25 tion, streambank stabilization, wetland res-
196

•S 2773 RS 

1 toration, habitat protection and restora2 tion, or natural flow restoration; 

3 (vii) water quality improvement; 

4 (viii) invasive species control; 

5 (ix) wetland restoration and migratory 

6 bird habitat restoration; 

7 (x) improvements in fish migration; 

8 and 

9 (xi) conduct of any other project or 

10 activity determined to be appropriate by 

11 the Secretary. 

12 (c) COST SHARING.—The Federal share of the cost 

13 of any project carried out under this section shall not be 

14 less than 65 percent. 

15 (d) NON-FEDERAL INTEREST.—A nonprofit organi16 zation may serve as the non-Federal interest for a project 

17 carried out under this section. 

18 (e) CREDITING.—

19 (1) FOR WORK.—The Secretary shall provide 

20 credit, including credit for in-kind contributions of 

21 up to 100 percent of the non-Federal share, for 

22 work (including design work and materials) if the 

23 Secretary determines that the work performed by 

24 the non-Federal interest is integral to the product. 
197

•S 2773 RS 

1 (2) FOR OTHER CONTRIBUTIONS.—The non2 Federal interest shall receive credit for land, ease3 ments, rights-of-way, dredged material disposal 

4 areas, and relocations necessary to implement the 

5 projects. 

6 (f) COOPERATIVE AGREEMENTS.—In carrying out 

7 this section, the Secretary may enter into 1 or more coop8 erative agreements to provide financial assistance to ap9 propriate Federal, State, or local governments or non10 profit agencies, including assistance for the implementa11 tion of projects to be carried out under subsection (b). 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $20,000,000, to remain available until expended.

15 SEC. 4309. UPPER CONNECTICUT RIVER BASIN WETLAND 

16 RESTORATION, NEW HAMPSHIRE AND 

17 VERMONT. 

18 (a) IN GENERAL.—The Secretary, in cooperation 

19 with the States of Vermont and New Hampshire, shall 

20 carry out a study and develop a strategy for the use of 

21 wetland restoration, soil and water conservation practices, 

22 and nonstructural measures to reduce flood damage, im23 prove water quality, and create wildlife habitat in the 

24 Upper Connecticut River watershed. 

25 (b) COST SHARING.—
198

•S 2773 RS 

1 (1) FEDERAL SHARE.—The Federal share of 

2 the cost of the study and development of the strat3 egy under subsection (a) shall be 65 percent. 

4 (2) NON-FEDERAL SHARE.—The non-Federal 

5 share of the cost of the study and development of 

6 the strategy may be provided through the contribu7 tion of in-kind services and materials. 

8 (c) NON-FEDERAL INTEREST.—A nonprofit organi9 zation with wetland restoration experience may serve as 

10 the non-Federal interest for the study and development 

11 of the strategy under this section. 

12 (d) COOPERATIVE AGREEMENTS.—In conducting the 

13 study and developing the strategy under this section, the 

14 Secretary may enter into 1 or more cooperative agree15 ments to provide technical assistance to appropriate Fed16 eral, State, and local agencies and nonprofit organizations 

17 with wetland restoration experience, including assistance 

18 for the implementation of wetland restoration projects and 

19 soil and water conservation measures. 

20 (e) IMPLEMENTATION.—The Secretary shall carry 

21 out development and implementation of the strategy under 

22 this section in cooperation with local landowners and local 

23 government officials. 
199

•S 2773 RS 

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000, to remain available until expended. 

4 SEC. 4310. JAMAICA BAY, MARINE PARK AND PLUMB 

5 BEACH, QUEENS AND BROOKLYN, NEW YORK. 

6 The Secretary may carry out a project for environ7 mental restoration, Jamaica Bay, Queens and Brooklyn, 

8 New York, at a total estimated cost of $180,000,000, with 

9 an estimated Federal cost of $117,000,000 and an esti10 mated non-Federal cost of $63,000,000, substantially in 

11 accordance with the plans, and subject to the conditions, 

12 recommended in a final report of the Chief of Engineers, 

13 if a favorable report of the Chief is completed not later 

14 than December 31, 2004. 

15 SEC. 4311. LONG ISLAND SOUND OYSTER RESTORATION, 

16 NEW YORK AND CONNECTICUT. 

17 (a) IN GENERAL.—The Secretary shall plan, design, 

18 and construct projects to increase aquatic habitats within 

19 Long Island Sound and adjacent waters, including the 

20 construction and restoration of oyster beds and related 

21 shellfish habitat. 

22 (b) COST-SHARING.—The non-Federal share of the 

23 cost of activities carried out under this section shall be 

24 25 percent and may be provided through in-kind services 

25 and materials. 
200

•S 2773 RS 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $25,000,000 to carry out 

3 this section. 

4 SEC. 4312. UPPER WILLAMETTE RIVER WATERSHED ECO5 SYSTEM RESTORATION, OREGON. 

6 (a) IN GENERAL.—The Secretary shall conduct stud7 ies and ecosystem restoration projects for the upper Wil8 lamette River watershed from Albany, Oregon, to the 

9 headwaters of the Willamette River and tributaries. 

10 (b) CONSULTATION.—The Secretary shall carry out 

11 ecosystem restoration projects under this section for the 

12 Upper Willamette River watershed in consultation with 

13 the Governor of the State of Oregon, the heads of appro14 priate Indian tribes, the Environmental Protection Agen15 cy, the United States Fish and Wildlife Service, the Na16 tional Marine Fisheries Service, the Bureau of Land Man17 agement, the Forest Service, and local entities. 

18 (c) AUTHORIZED ACTIVITIES.—In carrying out eco19 system restoration projects under this section, the Sec20 retary shall undertake activities necessary to protect, mon21 itor, and restore fish and wildlife habitat. 

22 (d) COST SHARING REQUIREMENTS.—

23 (1) STUDIES.—Studies conducted under this 

24 section shall be subject to cost sharing in accordance 
201

•S 2773 RS 

1 with section 206 of the Water Resources Develop2 ment Act of 1996 (33 U.S.C. 2330). 

3 (2) ECOSYSTEM RESTORATION PROJECTS.—

4 (A) IN GENERAL.—Non-Federal interests 

5 shall pay 35 percent of the cost of any eco6 system restoration project carried out under 

7 this section. 

8 (B) ITEMS PROVIDED BY NON-FEDERAL

9 INTERESTS.—

10 (i) IN GENERAL.—Non-Federal inter11 ests shall provide all land, easements, 

12 rights-of-way, dredged material disposal 

13 areas, and relocations necessary for eco14 system restoration projects to be carried 

15 out under this section. 

16 (ii) CREDIT TOWARD PAYMENT.—The 

17 value of the land, easements, rights-of-way, 

18 dredged material disposal areas, and relo19 cations provided under clause (i) shall be 

20 credited toward the payment required 

21 under subparagraph (A). 

22 (C) IN-KIND CONTRIBUTIONS.—100 per23 cent of the non-Federal share required under 

24 subparagraph (A) may be satisfied by the provi25 sion of in-kind contributions. 
202

•S 2773 RS 

1 (3) OPERATIONS AND MAINTENANCE.—Non2 Federal interests shall be responsible for all costs as3 sociated with operating, maintaining, replacing, re4 pairing, and rehabilitating all projects carried out 

5 under this section. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $15,000,000. 

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

10 The Secretary may carry out the project for environ11 mental restoration, Riverside Oxbow, Fort Worth, Texas 

12 contained in the report of the Chief of Engineers dated 

13 May 29, 2003, to carry out the project at a total cost of 

14 $22,200,000, with an estimated Federal cost of

15 $9,180,000 and an estimated non-Federal cost of 

16 $13,020,000. 

17 SEC. 4314. CONNECTICUT RIVER DAMS, VERMONT. 

18 (a) IN GENERAL.—The Secretary shall evaluate, de19 sign, and construct structural modifications at full Fed20 eral cost to the Union Village Dam (Ompompanoosuc 

21 River), North Hartland Dam (Ottauquechee River), North 

22 Springfield Dam (Black River), Ball Mountain Dam (West 

23 River), and Townshend Dam (West River), Vermont, to 

24 regulate flow and temperature to mitigate downstream im25 pacts on aquatic habitat and fisheries. 
203

•S 2773 RS 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $30,000,000. 

4 Subchapter B—Modifications 

5 SEC. 4321. HAMILTON AIRFIELD, CALIFORNIA. 

6 The project for environmental restoration, Hamilton 

7 Airfield, California, authorized by section 101(b)(3) of the 

8 Water Resources Development Act of 1999 (113 Stat. 

9 279), is modified to include the diked bayland parcel 

10 known as ‘‘Bel Marin Keys Unit V ’’ at an estimated total 

11 cost of $192,900,000, with an estimated Federal cost of 

12 $144,600,000 and an estimated non-Federal cost of 

13 $48,300,000, in accordance with the recommendations of 

14 the report of the Chief of Engineers dated July 19, 2004. 

15 SEC. 4322. ALLATOONA LAKE, GEORGIA. 

16 (a) LAND EXCHANGE.—

17 (1) IN GENERAL.—The Secretary may exchange 

18 land above 863 feet in elevation at Allatoona Lake, 

19 Georgia, identified in the Real Estate Design Memo20 randum prepared by the Mobile district engineer, 

21 April 5, 1996, and approved October 8, 1996, for 

22 land on the north side of Allatoona Lake that is re23 quired for wildlife management and protection of the 

24 water quality and overall environment of Allatoona 

25 Lake. 
204

•S 2773 RS 

1 (2) TERMS AND CONDITIONS.—The basis for all 

2 land exchanges under this subsection shall be a fair 

3 market appraisal to ensure that land exchanged is of 

4 equal value. 

5 (b) DISPOSAL AND ACQUISITION OF LAND, 

6 ALLATOONA LAKE, GEORGIA.—

7 (1) IN GENERAL.—The Secretary may—

8 (A) sell land above 863 feet in elevation at 

9 Allatoona Lake, Georgia, identified in the 

10 memorandum referred to in subsection (a)(1); 

11 and 

12 (B) use the proceeds of the sale, without 

13 further appropriation, to pay costs associated 

14 with the purchase of land required for wildlife 

15 management and protection of the water quality 

16 and overall environment of Allatoona Lake. 

17 (2) TERMS AND CONDITIONS.—

18 (A) WILLING SELLERS.—Land acquired 

19 under this subsection shall be by negotiated 

20 purchase from willing sellers only. 

21 (B) BASIS.—The basis for all transactions 

22 under this subsection shall be a fair market 

23 value appraisal acceptable to the Secretary. 

24 (C) SHARING OF COSTS.—Each purchaser 

25 of land under this subsection shall share in the 
205

•S 2773 RS 

1 associated environmental and real estate costs 

2 of the purchase, including surveys and associ3 ated fees in accordance with the memorandum 

4 referred to in subsection (a)(1). 

5 (D) OTHER CONDITIONS.—The Secretary 

6 may impose on the sale and purchase of land 

7 under this subsection such other conditions as 

8 the Secretary determines to be appropriate. 

9 (c) REPEAL.—Section 325 of the Water Resources 

10 Development Act of 1992 (106 Stat. 4849) is repealed. 

11 SEC. 4323. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, 

12 OHIO, PENNSYLVANIA, AND WEST VIRGINIA. 

13 Section 101(16) of the Water Resources Development 

14 Act of 2000 (114 Stat. 2578) is amended—

15 (1) by striking ‘‘(A) IN GENERAL.—Projects for 

16 ecosystem restoration, Ohio River Mainstem’’ and 

17 inserting the following: 

18 ‘‘(A) AUTHORIZATION.—

19 ‘‘(i) IN GENERAL.—Projects for eco20 system restoration, Ohio River Basin (ex21 cluding the Tennessee and Cumberland 

22 River Basins)’’; and 

23 (2) in subparagraph (A), by adding at the end 

24 the following: 
206

•S 2773 RS 

1 ‘‘(ii) NONPROFIT ENTITY.—For any 

2 ecosystem restoration project carried out 

3 under this paragraph, with the consent of 

4 the affected local government, a nonprofit 

5 entity may be considered to be a non-Fed6 eral interest. 

7 ‘‘(iii) PROGRAM IMPLEMENTATION

8 PLAN.—There is authorized to be devel9 oped a program implementation plan of the 

10 Ohio River Basin (excluding the Tennessee 

11 and Cumberland River Basins) at full Fed12 eral expense. 

13 ‘‘(iv) PILOT PROGRAM.—There is au14 thorized to be initiated a completed pilot 

15 program in Lower Scioto Basin, Ohio.’’. 

16 SEC. 4324. PUBLIC ACCESS, ATCHAFALAYA BASIN 

17 FLOODWAY SYSTEM, LOUISIANA. 

18 The public access features of the Atchafalaya Basin 

19 Floodway System, Louisiana, project, authorized by the 

20 section 601(a) of the Water Resources Development Act 

21 of 1986 (100 Stat. 4142), are modified to authorize the 

22 Secretary to acquire from willing sellers the fee interest, 

23 exclusive of oil, gas, and minerals, of an additional 20,000 

24 acres of land in the Lower Atchafalaya Basin Flood for 

25 the public access feature of the Atchafalaya Basin 
207

•S 2773 RS 

1 Floodway System, to enhance fish and wildlife resources, 

2 at a total cost of $4,000,000. 

3 SEC. 4325. ONONDAGA LAKE, NEW YORK. 

4 Section 573 of the Water Resources Development Act 

5 of 1999 (113 Stat. 372) is amended—

6 (1) in subsection (f), by striking ‘‘$10,000,000’’ 

7 and inserting ‘‘$30,000,000’’; 

8 (2) by redesignating subsections (f) and (g) as 

9 subsections (g) and (h), respectively; and 

10 (3) by inserting after subsection (e) the fol11 lowing: 

12 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

14 1962d–5b(b)), for any project carried out under this sec15 tion, a non-Federal interest may include a nonprofit enti16 ty, with the consent of the affected local government.’’.

17 SEC. 4326. MISSOURI RIVER RESTORATION, NORTH DA18 KOTA. 

19 Section 707(a) of the Water Resources Act of 2000 

20 (114 Stat. 2699) is amended in the first sentence by strik21 ing ‘‘2005’’ and inserting ‘‘2010’’. 

22 SEC. 4327. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL23 VANIA AND NEW YORK. 

24 Section 567 if the Water Resources Development Act 

25 of 1996 (110 Stat. 3787) is amended—
208

•S 2773 RS 

1 (1) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) COOPERATION AGREEMENTS.—

4 ‘‘(1) IN GENERAL.—In conducting the study 

5 and implementing the strategy under this section, 

6 the Secretary shall enter into cost-sharing and 

7 project cooperation agreements with the Federal 

8 Government, State and local governments (with the 

9 consent of the State and local governments), land 

10 trusts, or nonprofit, nongovernmental organizations 

11 with expertise in wetland restoration. 

12 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co13 operation agreement, the Secretary may provide as14 sistance for implementation of wetland restoration 

15 projects and soil and water conservation measures.’’; 

16 and 

17 (2) by striking subsection (d) and inserting the 

18 following: 

19 ‘‘(d) IMPLEMENTATION OF STRATEGY.—

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

21 out the development, demonstration, and implemen22 tation of the strategy under this section in coopera23 tion with local landowners, local government offi24 cials, and land trusts. 
209

•S 2773 RS 

1 ‘‘(2) GOALS OF PROJECTS.—Projects to imple2 ment the strategy under this subsection shall be de3 signed to take advantage of ongoing or planned ac4 tions by other agencies, local municipalities, or non5 profit, nongovernmental organizations with expertise 

6 in wetland restoration that would increase the effec7 tiveness or decrease the overall cost of implementing 

8 recommended projects.’’. 

9 SEC. 4328. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

10 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

11 HABITAT RESTORATION, SOUTH DAKOTA. 

12 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

13 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

14 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES15 TRIAL WILDLIFE HABITAT RESTORATION TRUST

16 FUNDS.—Section 602(a)(4) of the Water Resources De17 velopment Act of 1999 (113 Stat. 386) is amended— 

18 (1) in subparagraph (A)— 

19 (A) in clause (i), by inserting ‘‘and the 

20 Secretary of the Treasury’’ after ‘‘Secretary’’; 

21 and 

22 (B) by striking clause (ii) and inserting the 

23 following: 

24 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

25 notification in accordance with clause (i), 
210

•S 2773 RS 

1 the Secretary of the Treasury shall make 

2 available to the State of South Dakota 

3 funds from the State of South Dakota Ter4 restrial Wildlife Habitat Restoration Trust 

5 Fund established under section 603, to be 

6 used to carry out the plan for terrestrial 

7 wildlife habitat restoration submitted by 

8 the State of South Dakota after the State 

9 certifies to the Secretary of the Treasury 

10 that the funds to be disbursed will be used 

11 in accordance with section 603(d)(3) and 

12 only after the Trust Fund is fully capital13 ized.’’; and 

14 (2) in subparagraph (B), by striking clause (ii) 

15 and inserting the following: 

16 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

17 notification in accordance with clause (i), 

18 the Secretary of the Treasury shall make 

19 available to the Cheyenne River Sioux 

20 Tribe and the Lower Brule Sioux Tribe 

21 funds from the Cheyenne River Sioux Ter22 restrial Wildlife Habitat Restoration Trust 

23 Fund and the Lower Brule Sioux Terres24 trial Wildlife Habitat Restoration Trust 

25 Fund, respectively, established under sec-
211

•S 2773 RS 

1 tion 604, to be used to carry out the plans 

2 for terrestrial wildlife habitat restoration 

3 submitted by the Cheyenne River Sioux 

4 Tribe and the Lower Brule Sioux Tribe, 

5 respectively, after the respective tribe cer6 tifies to the Secretary of the Treasury that 

7 the funds to be disbursed will be used in 

8 accordance with section 604(d)(3) and only 

9 after the Trust Fund is fully capitalized.’’. 

10 (b) INVESTMENT PROVISIONS OF THE STATE OF

11 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

12 TRUST FUND.—Section 603 of the Water Resources De13 velopment Act of 1999 (113 Stat. 388) is amended— 

14 (1) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) INVESTMENTS.— 

17 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith18 standing any other provision of law, the Secretary of 

19 the Treasury shall invest the amounts deposited 

20 under subsection (b) and the interest earned on 

21 those amounts only in interest-bearing obligations of 

22 the United States issued directly to the Fund. 

23 ‘‘(2) INVESTMENT REQUIREMENTS.— 
212

•S 2773 RS 

1 ‘‘(A) IN GENERAL.—The Secretary of the 

2 Treasury shall invest the Fund in accordance 

3 with all of the requirements of this paragraph. 

4 ‘‘(B) SEPARATE INVESTMENTS OF PRIN5 CIPAL AND INTEREST.— 

6 ‘‘(i) PRINCIPAL ACCOUNT.—The 

7 amounts deposited in the Fund under sub8 section (b) shall be credited to an account 

9 within the Fund (referred to in this para10 graph as the ‘principal account’) and in11 vested as provided in subparagraph (C). 

12 ‘‘(ii) INTEREST ACCOUNT.—The inter13 est earned from investing amounts in the 

14 principal account of the Fund shall be 

15 transferred to a separate account within 

16 the Fund (referred to in this paragraph as 

17 the ‘interest account’) and invested as pro18 vided in subparagraph (D).

19 ‘‘(iii) CREDITING.—The interest 

20 earned from investing amounts in the in21 terest account of the Fund shall be cred22 ited to the interest account. 

23 ‘‘(C) INVESTMENT OF PRINCIPAL AC24 COUNT.— 
213

•S 2773 RS 

1 ‘‘(i) INITIAL INVESTMENT.—Each 

2 amount deposited in the principal account 

3 of the Fund shall be invested initially in el4 igible obligations having the shortest matu5 rity then available until the date on which 

6 the amount is divided into 3 substantially 

7 equal portions and those portions are in8 vested in eligible obligations that are iden9 tical (except for transferability) to the 

10 next-issued publicly issued Treasury obli11 gations having a 2-year maturity, a 5-year 

12 maturity, and a 10-year maturity, respec13 tively. 

14 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

15 each 2-year, 5-year, and 10-year eligible 

16 obligation matures, the principal of the 

17 maturing eligible obligation shall also be 

18 invested initially in the shortest-maturity 

19 eligible obligation then available until the 

20 principal is reinvested substantially equally 

21 in the eligible obligations that are identical 

22 (except for transferability) to the next23 issued publicly issued Treasury obligations 

24 having 2-year, 5-year, and 10-year matu25 rities. 
214

•S 2773 RS 

1 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

2 OF OBLIGATIONS.—If the Department of 

3 the Treasury discontinues issuing to the 

4 public obligations having 2-year, 5-year, or 

5 10-year maturities, the principal of any 

6 maturing eligible obligation shall be rein7 vested substantially equally in eligible obli8 gations that are identical (except for trans9 ferability) to the next-issued publicly 

10 issued Treasury obligations of the matu11 rities longer than 1 year then available. 

12 ‘‘(D) INVESTMENT OF INTEREST AC13 COUNT.— 

14 ‘‘(i) BEFORE FULL CAPITALIZA15 TION.—Until the date on which the Fund 

16 is fully capitalized, amounts in the interest 

17 account of the Fund shall be invested in el18 igible obligations that are identical (except 

19 for transferability) to publicly issued 

20 Treasury obligations that have maturities 

21 that coincide, to the maximum extent prac22 ticable, with the date on which the Fund 

23 is expected to be fully capitalized. 

24 ‘‘(ii) AFTER FULL CAPITALIZATION.—

25 On and after the date on which the Fund 
215

•S 2773 RS 

1 is fully capitalized, amounts in the interest 

2 account of the Fund shall be invested and 

3 reinvested in eligible obligations having the 

4 shortest maturity then available until the 

5 amounts are withdrawn and transferred to 

6 fund the activities authorized under sub7 section (d)(3). 

8 ‘‘(E) PAR PURCHASE PRICE.—The price to 

9 be paid for eligible obligations purchased as in10 vestments of the principal account shall not ex11 ceed the par value of the obligations so that the 

12 amount of the principal account shall be pre13 served in perpetuity. 

14 ‘‘(F) HIGHEST YIELD.—Among eligible ob15 ligations having the same maturity and pur16 chase price, the obligation to be purchased shall 

17 be the obligation having the highest yield. 

18 ‘‘(G) HOLDING TO MATURITY.—Eligible 

19 obligations purchased shall generally be held to 

20 their maturities. 

21 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI22 TIES.—Not less frequently than once each calendar 

23 year, the Secretary of the Treasury shall review with 

24 the State of South Dakota the results of the invest-
216

•S 2773 RS 

1 ment activities and financial status of the Fund dur2 ing the preceding 12-month period.’’; 

3 (2) in subsection (d)(2), by inserting ‘‘of the 

4 Treasury’’ after Secretary’’; and 

5 (3) by striking subsection (f) and inserting the 

6 following: 

7 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au8 thorized to be appropriated, out of any money in the 

9 Treasury not otherwise appropriated, to the Secretary of 

10 the Treasury, to pay expenses associated with investing 

11 the Fund and auditing the uses of amounts withdrawn 

12 from the Fund— 

13 ‘‘(1) up to $500,000 for each of fiscal years 

14 2004 and 2005; and 

15 ‘‘(2) such sums as are necessary for each subse16 quent fiscal year. ’’. 

17 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

18 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

19 TRUST FUNDS.—Section 604 of the Water Resources De20 velopment Act of 1999 (113 Stat. 389) is amended— 

21 (1) by striking subsection (c) and inserting the 

22 following: 

23 ‘‘(c) INVESTMENTS.— 

24 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith25 standing any other provision of law, the Secretary of 
217

•S 2773 RS 

1 the Treasury shall invest the amounts deposited 

2 under subsection (b) and the interest earned on 

3 those amounts only in interest-bearing obligations of 

4 the United States issued directly to the Funds. 

5 ‘‘(2) INVESTMENT REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary of the 

7 Treasury shall invest each of the Funds in ac8 cordance with all of the requirements of this 

9 paragraph. 

10 ‘‘(B) SEPARATE INVESTMENTS OF PRIN11 CIPAL AND INTEREST.— 

12 ‘‘(i) PRINCIPAL ACCOUNT.—The 

13 amounts deposited in each Fund under 

14 subsection (b) shall be credited to an ac15 count within the Fund (referred to in this 

16 paragraph as the ‘principal account’) and 

17 invested as provided in subparagraph (C).

18 ‘‘(ii) INTEREST ACCOUNT.—The inter19 est earned from investing amounts in the 

20 principal account of each Fund shall be 

21 transferred to a separate account within 

22 the Fund (referred to in this paragraph as 

23 the ‘interest account’) and invested as pro24 vided in subparagraph (D). 
218

•S 2773 RS 

1 ‘‘(iii) CREDITING.—The interest 

2 earned from investing amounts in the in3 terest account of each Fund shall be cred4 ited to the interest account. 

5 ‘‘(C) INVESTMENT OF PRINCIPAL AC6 COUNT.— 

7 ‘‘(i) INITIAL INVESTMENT.—Each 

8 amount deposited in the principal account 

9 of each Fund shall be invested initially in 

10 eligible obligations having the shortest ma11 turity then available until the date on 

12 which the amount is divided into 3 sub13 stantially equal portions and those portions 

14 are invested in eligible obligations that are 

15 identical (except for transferability) to the 

16 next-issued publicly issued Treasury obli17 gations having a 2-year maturity, a 5-year 

18 maturity, and a 10-year maturity, respec19 tively. 

20 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

21 each 2-year, 5-year, and 10-year eligible 

22 obligation matures, the principal of the 

23 maturing eligible obligation shall also be 

24 invested initially in the shortest-maturity 

25 eligible obligation then available until the 
219

•S 2773 RS 

1 principal is reinvested substantially equally 

2 in the eligible obligations that are identical 

3 (except for transferability) to the next4 issued publicly issued Treasury obligations 

5 having 2-year, 5-year, and 10-year matu6 rities. 

7 ‘‘(iii) DISCONTINUATION OF ISSUANCE

8 OF OBLIGATIONS.—If the Department of 

9 the Treasury discontinues issuing to the 

10 public obligations having 2-year, 5-year, or 

11 10-year maturities, the principal of any 

12 maturing eligible obligation shall be rein13 vested substantially equally in eligible obli14 gations that are identical (except for trans15 ferability) to the next-issued publicly 

16 issued Treasury obligations of the matu17 rities longer than 1 year then available. 

18 ‘‘(D) INVESTMENT OF THE INTEREST AC19 COUNT.— 

20 ‘‘(i) BEFORE FULL CAPITALIZA21 TION.—Until the date on which each Fund 

22 is fully capitalized, amounts in the interest 

23 account of the Fund shall be invested in el24 igible obligations that are identical (except 

25 for transferability) to publicly issued 
220

•S 2773 RS 

1 Treasury obligations that have maturities 

2 that coincide, to the maximum extent prac3 ticable, with the date on which the Fund 

4 is expected to be fully capitalized. 

5 ‘‘(ii) AFTER FULL CAPITALIZATION.—

6 On and after the date on which each Fund 

7 is fully capitalized, amounts in the interest 

8 account of the Fund shall be invested and 

9 reinvested in eligible obligations having the 

10 shortest maturity then available until the 

11 amounts are withdrawn and transferred to 

12 fund the activities authorized under sub13 section (d)(3). 

14 ‘‘(E) PAR PURCHASE PRICE.—The price to 

15 be paid for eligible obligations purchased as in16 vestments of the principal account shall not ex17 ceed the par value of the obligations so that the 

18 amount of the principal account shall be pre19 served in perpetuity. 

20 ‘‘(F) HIGHEST YIELD.—Among eligible ob21 ligations having the same maturity and pur22 chase price, the obligation to be purchased shall 

23 be the obligation having the highest yield. 
221

•S 2773 RS 

1 ‘‘(G) HOLDING TO MATURITY.—Eligible 

2 obligations purchased shall generally be held to 

3 their maturities. 

4 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI5 TIES.—Not less frequently than once each calendar 

6 year, the Secretary of the Treasury shall review with 

7 the Cheyenne River Sioux Tribe and the Lower 

8 Brule Sioux Tribe the results of the investment ac9 tivities and financial status of the Funds during the 

10 preceding 12-month period.’’; and 

11 (2) by striking subsection (f) and inserting the 

12 following: 

13 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au14 thorized to be appropriated, out of any money in the 

15 Treasury not otherwise appropriated, to the Secretary of 

16 the Treasury to pay expenses associated with investing the 

17 Funds and auditing the uses of amounts withdrawn from 

18 the Funds— 

19 ‘‘(1) up to $500,000 for each of fiscal years 

20 2004 and 2005; and 

21 ‘‘(2) such sums as are necessary for each subse22 quent fiscal year.’’. 
222

•S 2773 RS 

1 SEC. 4329. MISSOURI RIVER RESTORATION, SOUTH DA2 KOTA. 

3 (a) REPRESENTATION OF RURAL WATER SYS4 TEMS.—Section 904(b)(1)(B) of the Water Resources De5 velopment Act of 2000 (114 Stat. 2708) is amended—

6 (1) in clause (vii), by striking ‘‘and’’ at the end; 

7 (2) by redesignating clause (viii) as clause (ix); 

8 and 

9 (3) by inserting after clause (vii) the following: 

10 ‘‘(viii) rural water systems; and’’. 

11 (b) REAUTHORIZATION.—Section 907(a) of the 

12 Water Resources Development Act of 2000 (114 Stat. 

13 2712) is amended in the first sentence by striking ‘‘2005’’ 

14 and inserting ‘‘2010’’. 

15 SEC. 4330. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN16 HANCEMENT PROJECT. 

17 Section 514(g) of the Water Resources Development 

18 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

19 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’.

20 SEC. 4331. LAKE CHAMPLAIN EURASIAN MILFOIL AND 

21 WATER CHESTNUT CONTROL, VERMONT. 

22 Under authority of section 104 of the River and Har23 bor Act of 1958 (33 U.S.C. 610), the Secretary shall re24 vise the existing General Design Memorandum to permit 

25 the use of chemical means of control, when appropriate, 
223

•S 2773 RS 

1 of Eurasian milfoil and water chestnuts in the Lake 

2 Champlain basin, Vermont. 

3 SEC. 4332. LAKE CHAMPLAIN WATERSHED, VERMONT AND 

4 NEW YORK. 

5 Section 542 of the Water Resources Development Act 

6 of 2000 (42 Stat. 2671) is amended—

7 (1) in subsection (b)(2)—

8 (A) in subparagraph (D), by striking ‘‘or’’ 

9 at the end; 

10 (B) by redesignating subparagraph (E) as 

11 subparagraph (G); and 

12 (C) by inserting after subparagraph (D) 

13 the following: 

14 ‘‘(E) river corridor assessment, protection, 

15 management, and restoration for the purposes 

16 of ecosystem restoration; 

17 ‘‘(F) geographic mapping conducted by the 

18 Secretary using existing technical capacity to 

19 produce a high-resolution, multispectral satellite 

20 imagery-based land use and cover data set; or’’; 

21 and 

22 (2) in subsection (g), by striking 

23 ‘‘$20,000,000’’ and inserting ‘‘$32,000,000’’. 
224

•S 2773 RS 

1 SEC. 4333. CHESAPEAKE BAY OYSTER RESTORATION, VIR2 GINIA AND MARYLAND. 

3 Section 704(b) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2263(b)) is amended—

5 (1) by redesignating paragraph (2) as para6 graph (4); 

7 (2) in paragraph (1)—

8 (A) in the second sentence, by striking 

9 ‘‘$20,000,000’’ and inserting ‘‘$50,000,000’’; 

10 and 

11 (B) in the third sentence, by striking 

12 ‘‘Such projects’’ and inserting the following: 

13 ‘‘(2) INCLUSIONS.—Such projects’’; 

14 (3) by striking paragraph (2)(D) (as redesig15 nated by paragraph (2)(B)) and inserting the fol16 lowing: 

17 ‘‘(D) the restoration and rehabilitation of 

18 habitat for fish, including native oysters, in the 

19 Chesapeake Bay and its tributaries in Virginia 

20 and Maryland, including—

21 ‘‘(i) the construction of oyster bars 

22 and reefs; 

23 ‘‘(ii) the rehabilitation of existing 

24 marginal habitat; 
225

•S 2773 RS 

1 ‘‘(iii) the use of appropriate alter2 native substrate material in oyster bar and 

3 reef construction; 

4 ‘‘(iv) the construction and upgrading 

5 of oyster hatcheries; and 

6 ‘‘(v) activities relating to increasing 

7 the output of native oyster broodstock for 

8 seeding and monitoring of restored sites to 

9 ensure ecological success. 

10 ‘‘(3) RESTORATION AND REHABILITATION AC11 TIVITIES.—The restoration and rehabilitation activi12 ties described in paragraph (2)(D) shall be—

13 ‘‘(A) for the purpose of establishing per14 manent sanctuaries and harvest management 

15 areas; and 

16 ‘‘(B) consistent with plans and strategies 

17 for guiding the restoration of the Chesapeake 

18 Bay oyster resource and fishery.’’; and 

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

20 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.—

21 In this subsection, the term ‘ecological success’ 

22 means—

23 ‘‘(A) achieving a tenfold increase in native 

24 oyster biomass by the year 2010, from a 1994 

25 baseline; and 
226

•S 2773 RS 

1 ‘‘(B) the establishment of a sustainable 

2 fishery as determined by a broad scientific and 

3 economic consensus.’’. 

4 SEC. 4334. LAKES PROGRAM. 

5 Section 602(a) of the Water Resources Development 

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

7 295) is amended—

8 (1) in paragraph (18), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (19), by striking the period at 

11 the end and inserting a semicolon; and 

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

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

14 removal of silt and aquatic growth and measures to 

15 address excessive sedimentation; 

16 ‘‘(21) Lake Sakakawea, North Dakota, removal 

17 of silt and aquatic growth and measures to address 

18 excessive sedimentation; 

19 ‘‘(22) Lake Morley, Vermont, removal of silt 

20 and aquatic growth and measures to address exces21 sive sedimentation; and 

22 ‘‘(23) Lake Fairlee, Vermont, removal of silt 

23 and aquatic growth and measures to address exces24 sive sedimentation.’’. 
227

•S 2773 RS 

1 SEC. 4335. ESTUARY RESTORATION. 

2 (a) PURPOSES.—Section 102 of the Estuary Restora3 tion Act of 2000 (33 U.S.C. 2901) is amended— 

4 (1) in paragraph (1), by inserting before the 

5 semicolon the following: ‘‘by implementing a coordi6 nated Federal approach to estuary habitat restora7 tion activities, including the use of common moni8 toring standards and a common system for tracking 

9 restoration acreage’’; 

10 (2) in paragraph (2), by inserting ‘‘and imple11 ment’’ after ‘‘to develop’’; and 

12 (3) in paragraph (3), by inserting ‘‘through co13 operative agreements’’ after ‘‘restoration projects’’. 

14 (b) DEFINITION OF ESTUARY HABITAT RESTORA15 TION PLAN.—Section 103(6)(A) of the Estuary Restora16 tion Act of 2000 (33 U.S.C. 2902(6)(A)) is amended by 

17 striking ‘‘Federal or State’’ and inserting ‘‘Federal, State, 

18 or regional’’.

19 (c) ESTUARY HABITAT RESTORATION PROGRAM.—

20 Section 104 of the Estuary Restoration Act of 2000 (33 

21 U.S.C. 2903) is amended— 

22 (1) in subsection (a), by inserting ‘‘through the 

23 award of contracts and cooperative agreements’’ 

24 after ‘‘assistance’’; 

25 (2) in subsection (c)— 
228

•S 2773 RS 

1 (A) in paragraph (3)(A), by inserting ‘‘or 

2 State’’ after ‘‘Federal’’; and 

3 (B) in paragraph (4)(B), by inserting ‘‘or 

4 approach’’ after ‘‘technology’’; 

5 (3) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘Except’’ and inserting 

8 the following: 

9 ‘‘(i) IN GENERAL.—Except’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(ii) MONITORING.— 

13 ‘‘(I) COSTS.—The costs of per14 forming monitoring of an estuary 

15 habitat restoration project funded 

16 under this title may be included in the 

17 total cost of the estuary habitat res18 toration project. 

19 ‘‘(II) GOALS.—The goals of the 

20 monitoring are— 

21 ‘‘(aa) to measure the effec22 tiveness of the restoration 

23 project; and 
229

•S 2773 RS 

1 ‘‘(bb) to allow adaptive man2 agement to ensure project suc3 cess.’’; 

4 (B) in paragraph (2), by inserting ‘‘or ap5 proach’’ after ‘‘technology’’; and 

6 (C) in paragraph (3), by inserting ‘‘(in7 cluding monitoring)’’ after ‘‘services’’; 

8 (4) in subsection (f)(1)(B), by inserting ‘‘long9 term’’ before ‘‘maintenance’’; and 

10 (5) in subsection (g)—

11 (A) by striking ‘‘In carrying’’ and inserting 

12 the following: 

13 ‘‘(1) IN GENERAL.—In carrying’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(2) SMALL PROJECTS.—In the case of a 

16 project carried out under this Act with a Federal 

17 share of less than $1,000,000, the Secretary, on the 

18 recommendation of the Council, shall consider dele19 gating implementation of the project, on a reimburs20 able basis, to—

21 ‘‘(A) the Secretary of the Interior (acting 

22 through the Director of the United States Fish 

23 and Wildlife Service); or 

24 ‘‘(B) the Under Secretary for Oceans and 

25 Atmosphere of the Department of Commerce.’’. 
230

•S 2773 RS 

1 (d) ESTABLISHMENT OF ESTUARY HABITAT RES2 TORATION COUNCIL.—Section 105(b) of the Estuary Res3 toration Act of 2000 (33 U.S.C. 2903(b)) is amended— 

4 (1) in paragraph (4), by striking ‘‘and’’ after 

5 the semicolon at the end; 

6 (2) in paragraph (5), by striking the period at 

7 the end and inserting a semicolon; and 

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

9 ‘‘(6) cooperating in the implementation of the 

10 strategy developed under section 106; 

11 ‘‘(7) recommending standards for monitoring 

12 for restoration projects and contribution of project 

13 information to the database developed under section 

14 107; and 

15 ‘‘(8) otherwise using the respective agency au16 thorities of the Council members to carry out this 

17 title.’’. 

18 (e) MONITORING OF ESTUARY HABITAT RESTORA19 TION PROJECTS.—Section 107(d) of the Estuary Restora20 tion Act of 2000 (33 U.S.C. 2906(d)) is amended by strik21 ing ‘‘compile’’ and inserting ‘‘have general data compila22 tion, coordination, and analysis responsibilities to carry 

23 out this title and in support of the strategy developed 

24 under section 107, including compilation of’’. 
231

•S 2773 RS 

1 (f) REPORTING.—Section 108(a) of the Estuary Res2 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by 

3 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and 

4 tenth’’. 

5 (g) FUNDING.—Section 109(a) of the Estuary Res6 toration Act of 2000 (33 U.S.C. 2908(a)) is amended— 

7 (1) in paragraph (1), by striking subparagraphs 

8 (A) through (D) and inserting the following: 

9 ‘‘(A) to the Secretary, $25,000,000 for 

10 each of fiscal years 2006 through 2010; 

11 ‘‘(B) to the Secretary of the Interior (act12 ing through the Director of the United States 

13 Fish and Wildlife Service), $5,000,000 for each 

14 of fiscal years 2006 through 2010; and 

15 ‘‘(C) to the Under Secretary for Oceans 

16 and Atmosphere of the Department of Com17 merce, $5,000,000 for each of fiscal years 2006 

18 through 2010.’’; and 

19 (2) in the first sentence of paragraph (2)— 

20 (A) by inserting ‘‘and other information 

21 compiled under section 107’’ after ‘‘this title’’; 

22 and 

23 (B) by striking ‘‘2005’’ and inserting 

24 ‘‘2010’’. 
232

•S 2773 RS 

1 (h) GENERAL PROVISIONS.—Section 110 of the Es2 tuary Restoration Act of 2000 (33 U.S.C. 2909) is amend3 ed— 

4 (1) in subsection (a), by striking ‘‘Secretary’’ 

5 and inserting ‘‘lead agency’’; 

6 (2) in subsection (b)—

7 (A) by striking ‘‘Secretary’’ and inserting 

8 ‘‘lead agency’’; and 

9 (B) in paragraph (1)—

10 (i) by inserting ‘‘or contracts’’ after 

11 ‘‘agreements’’; and 

12 (ii) by inserting ‘‘, nongovernmental 

13 organizations,’’ after ‘‘agencies’’; and 

14 (3) by striking subsections (d) and (e). 

15 Subchapter C—Deauthorizations 

16 SEC. 4351. DOG RIVER PILOT PROJECT, ALABAMA. 

17 The project for ecosystem restoration, Dog River 

18 Pilot Project, Alabama, authorized by section 518 of the 

19 Water Resources Development Act of 1999 (113 Stat. 

20 345), is not authorized.

21 SEC. 4352. CENTRAL AND SOUTHERN FLORIDA, EVER22 GLADES NATIONAL PARK, FLORIDA. 

23 The project to modify the Central and Southern Flor24 ida project to improve water supply to the Everglades Na25 tional Park, Florida, authorized by section 203 of the 
233

•S 2773 RS 

1 Flood Control Act of 1954 (68 Stat. 1257) and the Flood 

2 Control Act of 1968 (82 Stat. 740), is not authorized. 

3 Subtitle B—Environmental 

4 Remediation 

5 CHAPTER 1—CONTINUING AUTHORITIES 

6 PROGRAMS 

7 SEC. 4401. REMEDIATION OF ABANDONED MINE SITES. 

8 Section 560 of the Water Resources Development Act 

9 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amend10 ed—

11 (1) by striking subsection (f); 

12 (2) by redesignating subsections (a) through (e) 

13 as subsections (b) through (f), respectively; 

14 (3) by inserting before subsection (b) (as redes15 ignated by paragraph (2)) the following: 

16 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In 

17 this section, the term ‘non-Federal interest’ includes, with 

18 the consent of the affected local government, nonprofit en19 tities, notwithstanding section 221 of the Flood Control 

20 Act of 1970 (42 U.S.C. 1962d–5b).’’; 

21 (4) in subsection (b) (as redesignated by para22 graph (2)), by—

23 (A) by inserting ‘‘, and construction’’ be24 fore ‘‘assistance’’; and 
234

•S 2773 RS 

1 (B) by inserting ‘‘, including, with the con2 sent of the affected local government, nonprofit 

3 entities,’’ after ‘‘non-Federal interests’’; 

4 (5) in paragraph (3) of subsection (c) (as redes5 ignated by paragraph (2))—

6 (A) by inserting ‘‘physical hazards and’’ 

7 after ‘‘adverse’’; and 

8 (B) by striking ‘‘drainage from’’; 

9 (6) in subsection (d) (as redesignated by para10 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; 

11 and 

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

13 ‘‘(g) OPERATION AND MAINTENANCE.—The non14 Federal share of the costs of operation and maintenance 

15 for a project carried out under this section shall be 100 

16 percent. 

17 ‘‘(h) CREDIT.—A non-Federal interest shall receive 

18 credit toward the non-Federal share of cost of a project 

19 under this section for design and construction services and 

20 other in-kind consideration provided by the non-Federal 

21 interest if the Secretary determines that the design and 

22 construction services and other in-kind contributions are 

23 integral to the project. 

24 ‘‘(i) NO EFFECT ON LIABILITY.—The provision of 

25 assistance under this section shall not relieve from liability 
235

•S 2773 RS 

1 any person that would otherwise be liable under Federal 

2 or State law for damages, response costs, natural resource 

3 damages, restitution, equitable relief, or any other relief. 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 for each fiscal year $45,000,000, to remain available until 

7 expended.’’. 

8 CHAPTER 2—MODIFICATIONS 

9 SEC. 4411. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, 

10 VIRGINIA. 

11 Section 591(a)(2) of the Water Resources Develop12 ment Act of 1999 (113 Stat. 378) is amended by striking 

13 ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. 

14 TITLE V—WATER STORAGE AND 

15 WATER QUALITY 

16 Subtitle A—Water Storage Program 

17 CHAPTER 1—CONTINUING AUTHORITIES 

18 PROGRAMS 

19 SEC. 5101. SMALL PROJECTS FOR THE REHABILITATION OR 

20 REMOVAL OF DAMS. 

21 (a) IN GENERAL.—The Secretary may carry out a 

22 small dam removal or rehabilitation project if the Sec23 retary determines that the project will improve the quality 

24 of the environment or is in the public interest. 
236

•S 2773 RS 

1 (b) COST SHARING.—A non-Federal interest shall 

2 provide 35 percent of the cost of the removal or remedi3 ation of any project carried out under this section, includ4 ing provision of all land, easements, rights-of-way, and 

5 necessary relocations. 

6 (c) AGREEMENTS.—Construction of a project under 

7 this section shall be commenced only after a non-Federal 

8 interest has entered into a binding agreement with the 

9 Secretary to pay—

10 (1) the non-Federal share of the costs of con11 struction required by this section; and 

12 (2) 100 percent of any operation and mainte13 nance cost. 

14 (d) COST LIMITATION.—Not more than $5,000,000 

15 in Federal funds may be allotted under this section for 

16 a project at any single location. 

17 (e) FUNDING.—There is authorized to be appro18 priated to carry out this section $25,000,000 for each fis19 cal year. 

20 CHAPTER 2—STUDIES 

21 SEC. 5201. SELENIUM STUDY, COLORADO. 

22 (a) IN GENERAL.—The Secretary, in consultation 

23 with State water quality and resource and conservation 

24 agencies, shall conduct regional and watershed-wide stud-
237

•S 2773 RS 

1 ies to address selenium concentrations, including stud2 ies—

3 (1) to measure selenium on specific sites; and 

4 (2) to determine whether specific selenium 

5 measures studied should be recommended for use in 

6 demonstration projects. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $5,000,000. 

10 CHAPTER 3—PROJECTS 

11 Subchapter A—Modifications 

12 SEC. 5301. UNION LAKE, MISSOURI. 

13 (a) IN GENERAL.—The Secretary shall offer to con14 vey to the State of Missouri, before January 31, 2005,

15 all right, title, and interest in and to approximately 205.50 

16 acres of land described in subsection (b) purchased for the 

17 Union Lake Project that was deauthorized as of January 

18 1, 1990 (55 Fed. Reg. 40906) in accordance with section 

19 1001 of the Water Resources Development Act of 1986 

20 (33 U.S.C. 579a(a)). 

21 (b) LAND DESCRIPTION.—The land referred to in 

22 subsection (a) is described as follows: 

23 (1) TRACT 500.—A tract of land situated in 

Franklin County, Missouri, being part of the SW1 24 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 25 ⁄4 of sec. 8, T. 
238

•S 2773 RS 

1 42 N., R. 2 W. of the fifth principal meridian, con2 sisting of approximately 112.50 acres. 

3 (2) TRACT 605.—A tract of land situated in 

Franklin County, Missouri, being part of the N1 4 ⁄2 of 

5 the NE, and part of the SE of the NE of sec. 18, 

6 T. 42 N., R. 2 W. of the fifth principal meridian, 

7 consisting of approximately 93.00 acres. 

8 (c) CONVEYANCE.—Upon acceptance by the State of 

9 Missouri of the offer by the Secretary under subsection 

10 (a), the land described in subsection (b) shall immediately 

11 be conveyed, in its current condition, by Secretary to the 

12 State of Missouri. 

13 SEC. 5302. FORT PECK FISH HATCHERY, MONTANA. 

14 Section 325(f)(1)(A) of the Water Resources Devel15 opment Act of 2000 (114 Stat. 2607) is amended by strik16 ing ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

17 SEC. 5303. ARCADIA LAKE, OKLAHOMA. 

18 Payments made by the city of Edmond, Oklahoma, 

19 to the Secretary in October 1999 of all costs associated 

20 with present and future water storage costs at Arcadia 

21 Lake, Oklahoma, under Arcadia Lake Water Storage Con22 tract Number DACW56–79–C–002 shall satisfy the obli23 gations of the city under that contract. 
239

•S 2773 RS 

1 SEC. 5304. WAURIKA LAKE, OKLAHOMA. 

2 The remaining obligation of the Waurika Project 

3 Master Conservancy District payable to the United States 

4 Government in the amounts, rates of interest, and pay5 ment schedules—

6 (1) is set at the amounts, rates of interest, and 

7 payment schedules that existed on June 3, 1986; 

8 and 

9 (2) may not be adjusted, altered, or changed 

10 without a specific, separate, and written agreement 

11 between the District and the United States. 

12 SEC. 5305. DAM REMEDIATION, VERMONT. 

13 Section 543 of the Water Resources Development Act 

14 of 2000 (114 Stat. 2673) is amended—

15 (1) in subsection (a)—

16 (A) in paragraph (2), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (3), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

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

21 ‘‘(4) may carry out measures to restore, pro22 tect, and preserve an ecosystem affected by a dam 

23 described in subsection (b).’’; and 

24 (2) in subsection (b), by adding at the end the 

25 following: 

26 ‘‘(11) Camp Wapanacki, Hardwick. 
240

•S 2773 RS 

1 ‘‘(12) Star Lake Dam, Mt. Holly. 

2 ‘‘(13) Curtis Pond, Calais. 

3 ‘‘(14) Weathersfield Reservoir, Springfield. 

4 ‘‘(15) Burr Pond, Sudbury. 

5 ‘‘(16) Maidstone Lake, Guildhall. 

6 ‘‘(17) Upper and Lower Hurricane Dam. 

7 ‘‘(18) Lake Fairlee. 

8 ‘‘(19) West Charleston Dam.’’. 

9 SEC. 5306. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

10 Section 21 of the Water Resources Development Act 

11 of 1988 (102 Stat. 4027) is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘1276.42’’ and inserting 

14 ‘‘1278.42’’; 

15 (B) by striking ‘‘1218.31’’ and inserting 

16 ‘‘1221.31’’; and 

17 (C) by striking ‘‘1234.82’’ and inserting 

18 ‘‘1235.30’’; and 

19 (2) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) EXCEPTION.—

22 ‘‘(1) IN GENERAL.—The Secretary may operate 

23 the headwaters reservoirs below the minimum or 

24 above the maximum water levels established under 

25 subsection (a) in accordance with water control reg-
241

•S 2773 RS 

1 ulation manuals (or revisions to those manuals) de2 veloped by the Secretary, after consultation with the 

3 Governor of Minnesota and affected tribal govern4 ments, landowners, and commercial and recreational 

5 users. 

6 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The 

7 water control regulation manuals referred to in 

8 paragraph (1) (and any revisions to those manuals) 

9 shall be effective as of the date on which the Sec10 retary submits the manuals (or revisions) to Con11 gress. 

12 ‘‘(3) NOTIFICATION.—

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

14 subparagraph (B), not less than 14 days before 

15 operating any headwaters reservoir below the 

16 minimum or above the maximum water level 

17 limits specified in subsection (a), the Secretary 

18 shall submit to Congress a notice of intent to 

19 operate the headwaters reservoir. 

20 ‘‘(B) EXCEPTION.—Notice under subpara21 graph (A) shall not be required in any case in 

22 which—

23 ‘‘(i) the operation of a headwaters res24 ervoir is necessary to prevent the loss of 

25 life or to ensure the safety of a dam; or 
242

•S 2773 RS 

1 ‘‘(ii) the drawdown of the water level 

2 of the reservoir is in anticipation of a flood 

3 control operation.’’. 

4 Subchapter B—Deauthorizations 

5 SEC. 5321. BIG SOUTH FORK NATIONAL RIVER AND REC6 REATIONAL AREA, KENTUCKY AND TEN7 NESSEE. 

8 The project for recreation facilities at Big South 

9 Fork National River and Recreational Area, Kentucky and 

10 Tennessee, authorized by section 108 of the Water Re11 sources Development Act of 1974 (88 Stat. 43), is not 

12 authorized.

13 Subtitle B—Water Quality 

14 CHAPTER 1—GENERAL PROVISIONS 

15 SEC. 5401. FUNDING TO EXPEDITE THE EVALUATION AND 

16 PROCESSING OF PERMITS. 

17 Section 214(a) of the Water Resources Development 

18 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is 

19 amended by striking ‘‘In fiscal years 2001 through 2003, 

20 the’’ and inserting ‘‘The’’. 

21 SEC. 5402. ELECTRONIC SUBMISSION OF PERMIT APPLICA22 TIONS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary shall establish 

25 procedures to allow electronic submission of permit appli-
243

•S 2773 RS 

1 cations for permits under the jurisdiction of the Corps of 

2 Engineers. 

3 (b) LIMITATIONS.—This section does not preclude 

4 the submission of a hard copy, as required. 

5 CHAPTER 2—DEAUTHORIZATION OF 

6 PROJECTS 

7 SEC. 5421. BRIDGEPORT, CONNECTICUT. 

8 The project for environmental infrastructure, Bridge9 port, Connecticut, authorized by section 219(f)(26) of the 

10 Water Resources Development Act of 1992 (106 Stat. 

11 4835; 113 Stat. 336), is not authorized. 

12 SEC. 5422. HARTFORD, CONNECTICUT. 

13 The project for environmental infrastructure, Hart14 ford, Connecticut, authorized by section 219(f)(27) of the 

15 Water Resources Development Act of 1992 (106 Stat. 

16 4835; 113 Stat. 336), is not authorized. 

17 SEC. 5423. NEW HAVEN, CONNECTICUT. 

18 The project for environmental infrastructure, New 

19 Haven, Connecticut, authorized by section 219(f)(28) of 

20 the Water Resources Development Act of 1992 (106 Stat. 

21 4835; 113 Stat. 336), is not authorized. 

22 SEC. 5424. CASCO BAY, PORTLAND, MAINE. 

23 The project for environmental infrastructure, Casco 

24 Bay in the Vicinity of Portland, Maine, authorized by sec-
244

•S 2773 RS 

1 tion 307 of the Water Resources Development Act of 1992 

2 (106 Stat. 4841), is not authorized. 

3 SEC. 5425. PENOBSCOT RIVER, BANGOR, MAINE. 

4 The project for environmental infrastructure, Penob5 scot River in the Vicinity of Bangor, Maine, authorized 

6 by section 307 of the Water Resources Development Act 

7 of 1992 (106 Stat. 4841), is not authorized. 

8 SEC. 5426. SAINT JOHN RIVER BASIN, MAINE. 

9 The project for research and demonstration program 

10 of cropland irrigation and soil conservation techniques, 

11 Saint John River Basin, Maine, authorized by section 

12 1108 of the Water Resources Development Act of 1986 

13 (106 Stat. 4230), is not authorized. 

14 SEC. 5427. EPPING, NEW HAMPSHIRE. 

15 The project for environmental infrastructure, Ep16 ping, New Hampshire, authorized by section 219(c)(6) of 

17 the Water Resources Development Act of 1992 (106 Stat. 

18 4835), is not authorized. 

19 SEC. 5428. MANCHESTER, NEW HAMPSHIRE. 

20 The project for environmental infrastructure, Man21 chester, New Hampshire, authorized by section 219(c)(7) 

22 of the Water Resources Development Act of 1992 (106 

23 Stat. 4836), is not authorized. 
245

•S 2773 RS 

1 Subtitle C—Watershed Planning 

2 Programs 

3 SEC. 5451. DELMARVA CONSERVATION CORRIDOR, DELA4 WARE AND MARYLAND. 

5 (a) ASSISTANCE.—The Secretary may provide tech6 nical assistance to the Secretary of Agriculture for use in 

7 carrying out the Conservation Corridor Demonstration 

8 Program established under subtitle G of title II of the 

9 Farm Security and Rural Investment Act of 2002 (16 

10 U.S.C. 3801 note; 116 Stat. 275). 

11 (b) COORDINATION AND INTEGRATION.—In carrying 

12 out water resources projects in the States on the Delmarva 

13 Peninsula, the Secretary shall coordinate and integrate 

14 those projects, to the maximum extent practicable, with 

15 any activities carried out to implement a conservation cor16 ridor plan approved by the Secretary of Agriculture under 

17 section 2602 of the Farm Security and Rural Investment 

18 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 

19 SEC. 5452. SUSQUEHANNA, DELAWARE, AND POTOMAC 

20 RIVER BASINS, DELAWARE, MARYLAND, 

21 PENNSYLVANIA, AND VIRGINIA. 

22 (a) EX OFFICIO MEMBER.—

23 (1) IN GENERAL.—Notwithstanding the provi24 sions of law referred to in paragraph (2), for fiscal 

25 year 2005 and each fiscal year thereafter, the Divi-
246

•S 2773 RS 

1 sion Engineer, North Atlantic Division, Corps of En2 gineers—

3 (A) shall be the ex officio United States 

4 member under the Susquehanna River Basin 

5 Compact and the Delaware River Basin Com6 pact; 

7 (B) shall serve without additional com8 pensation; and 

9 (C) may designate an alternate member or 

10 members in accordance with the terms of the 

11 applicable compact. 

12 (2) RELATIONSHIP TO OTHER LAW.—The provi13 sions of law referred to in paragraph (1) are—

14 (A) section 3001(a) of the 1997 Emer15 gency Supplemental Appropriations Act for Re16 covery From Natural Disasters, and for Over17 seas Peacekeeping Efforts, Including Those in 

18 Bosnia (111 Stat. 176); 

19 (B) section 2.2 of the Susquehanna River 

20 Basin Compact (84 Stat. 1512); and 

21 (C) section 2.2 of the Delaware River 

22 Basin Compact (75 Stat. 691), 

23 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

24 shall allocate funds to the Susquehanna River Basin Com25 mission established under the Susquehanna River Basin 
247

•S 2773 RS 

1 Compact (84 Stat. 1509), the Delaware River Basin Com2 mission established under the Delaware River Basin Com3 pact (75 Stat. 691), and the Interstate Commission on 

4 the Potomac River Basin established under the Potomac 

5 River Basin Compact (84 Stat. 856), to fulfill the equi6 table funding requirements of the applicable compacts. 

7 (c) WATER STORAGE.—

8 (1) IN GENERAL.—The Secretary shall enter 

9 into an agreement with Delaware River Basin Com10 mission to provide temporary water storage at the 

11 Francis E. Walter Dam, Pennsylvania, during any 

12 period in which the Commission has determined that 

13 a drought warning or drought emergency exists. 

14 (2) MAXIMUM COSTS.—The agreement shall 

15 provide that the cost for any such water storage 

16 shall not exceed the incremental operating costs as17 sociated with providing the storage.
Calendar No. 672

108TH CONGRESS 

2D SESSION S. 2773

[Report No. 108–314] 

A BILL

To provide for the consideration and development 

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

AUGUST 25, 2004

Read twice and placed on the calendar