II 

109TH CONGRESS 

1ST SESSION S. 728 

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 

APRIL 6, 2005 

Mr. BOND (for himself, Mr. INHOFE, Mr. VITTER, Mr. WARNER, Mr. 

VOINOVICH, Mr. ISAKSON, Mr. THUNE, Ms. MURKOWSKI, Mr. OBAMA, 

Ms. LANDRIEU, Mr. GRASSLEY, Mr. HARKIN, Mr. TALENT, Mr. CORNYN, 

Mr. COCHRAN, Mr. DOMENICI, and Mr. COLEMAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To provide for the consideration and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Resources Development Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Enhanced navigation capacity improvements and ecosystem restoration plan for the Upper Mississippi River and Illinois Waterway System. 

Sec. 1003. Louisiana coastal area ecosystem restoration, Louisiana. 

Sec. 1004. Small projects for flood damage reduction. 

Sec. 1005. Small projects for navigation. 

Sec. 1006. Small projects for aquatic ecosystem restoration. 

TITLE II—GENERAL PROVISIONS 

Subtitle A—Provisions 

Sec. 2001. Credit for in-kind contributions. 

Sec. 2002. Interagency and international support authority. 

Sec. 2003. Training funds. 

Sec. 2004. Recreational areas and project sites. 

Sec. 2005. Fiscal transparency report. 

Sec. 2006. Planning. 

Sec. 2007. Independent reviews. 

Sec. 2008. Mitigation for fish and wildlife losses. 

Sec. 2009. State technical assistance. 

Sec. 2010. Access to water resource data. 

Sec. 2011. Construction of flood control projects by non-Federal interests. 

Sec. 2012. Regional sediment management. 

Sec. 2013. National shoreline erosion control development program. 

Sec. 2014. Shore protection projects. 

Sec. 2015. Cost sharing for monitoring. 

Sec. 2016. Ecosystem restoration benefits. 

Sec. 2017. Funding to expedite the evaluation and processing of permits. 

Sec. 2018. Electronic submission of permit applications. 

Sec. 2019. Improvement of water management at Corps of Engineers reservoirs. 

Sec. 2020. Corps of Engineers hydropower operation and maintenance funding. 

Subtitle B—Continuing Authorities Projects 

Sec. 2031. Navigation enhancements for waterbourne transportation. 

Sec. 2032. Protection and restoration due to emergencies at shores and 

streambanks. 

Sec. 2033. Restoration of the environment for protection of aquatic and riparian ecosystems program. 

Sec. 2034. Environmental modification of projects for improvement and restoration of ecosystems program. 

Sec. 2035. Projects to enhance estuaries and coastal habitats. 

Sec. 2036. Remediation of abandoned mine sites. 

Sec. 2037. Small projects for the rehabilitation or removal of dams. 

Sec. 2038. Remote, maritime-dependent communities. 
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Sec. 2039. Agreements for water resource projects. 

Sec. 2040. Program names. 

TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 3002. Sitka, Alaska. 

Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama. 

Sec. 3004. Augusta and Clarendon, Arkansas. 

Sec. 3005. St. Francis Basin, Arkansas and Missouri. 

Sec. 3006. St. Francis Basin land transfer, Arkansas and Missouri. 

Sec. 3007. Red-Ouachita River Basin levees, Arkansas and Louisiana. 

Sec. 3008. Cache Creek Basin, California. 

Sec. 3009. Hamilton Airfield, California. 

Sec. 3010. LA–3 dredged material ocean disposal site designation, California. 

Sec. 3011. Larkspur Ferry Channel, California. 

Sec. 3012. Llagas Creek, California. 

Sec. 3013. Los Angeles Harbor, California. 

Sec. 3014. Magpie Creek, California. 

Sec. 3015. Pine Flat Dam fish and wildlife habitat, California. 

Sec. 3016. Redwood City navigation project, California. 

Sec. 3017. Sacramento and American Rivers flood control, California. 

Sec. 3018. Conditional declaration of nonnavigability, Port of San Francisco, 

California. 

Sec. 3019. Salton Sea restoration, California. 

Sec. 3020. Upper Guadalupe River, California. 

Sec. 3021. Yuba River Basin project, California. 

Sec. 3022. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 3023. Anchorage area, New London Harbor, Connecticut. 

Sec. 3024. Norwalk Harbor, Connecticut. 

Sec. 3025. St. George’s Bridge, Delaware. 

Sec. 3026. Christina River, Wilmington, Delaware. 

Sec. 3027. Additional program authority, comprehensive Everglades restoration, Florida. 

Sec. 3028. Critical restoration projects, Everglades and south Florida ecosystem restoration, Florida. 

Sec. 3029. Jacksonville Harbor, Florida. 

Sec. 3030. Lake Okeechobee and Hillsboro Aquifer pilot projects, comprehensive Everglades restoration, Florida. 

Sec. 3031. Lido Key, Sarasota County, Florida. 

Sec. 3032. Tampa Harbor, Cut B, Tampa, Florida. 

Sec. 3033. Allatoona Lake, Georgia. 

Sec. 3034. Dworshak Reservoir improvements, Idaho. 

Sec. 3035. Little Wood River, Gooding, Idaho. 

Sec. 3036. Port of Lewiston, Idaho. 

Sec. 3037. Cache River Levee, Illinois. 

Sec. 3038. Chicago River, Illinois. 

Sec. 3039. Missouri and Illinois flood protection projects reconstruction pilot 

program. 

Sec. 3040. Spunky Bottom, Illinois. 

Sec. 3041. Strawn Cemetery, John Redmond Lake, Kansas. 

Sec. 3042. Harry S. Truman Reservoir, Milford, Kansas. 

Sec. 3043. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and 

West Virginia. 
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Sec. 3044. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3045. Calcasieu River and Pass, Louisiana. 

Sec. 3046. East Baton Rouge Parish, Louisiana. 

Sec. 3047. Red River (J. Bennett Johnston) Waterway, Louisiana. 

Sec. 3048. Camp Ellis, Saco, Maine. 

Sec. 3049. Union River, Maine. 

Sec. 3050. Chesapeake Bay environmental restoration and protection program, 

Maryland, Pennsylvania, and Virginia. 

Sec. 3051. Cumberland, Maryland. 

Sec. 3052. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 3053. St. Clair River and Lake St. Clair, Michigan. 

Sec. 3054. Duluth Harbor, Minnesota. 

Sec. 3055. Land exchange, Pike County, Missouri. 

Sec. 3056. Union Lake, Missouri. 

Sec. 3057. Fort Peck Fish Hatchery, Montana. 

Sec. 3058. Lower Truckee River, Mccarran Ranch, Nevada. 

Sec. 3059. Middle Rio Grande restoration, New Mexico. 

Sec. 3060. Long Island Sound oyster restoration, New York and Connecticut. 

Sec. 3061. Orchard Beach, Bronx, New York. 

Sec. 3062. New York Harbor, New York, New York. 

Sec. 3063. Onondaga Lake, New York. 

Sec. 3064. Missouri River restoration, North Dakota. 

Sec. 3065. Lower Girard Lake Dam, Girard, Ohio. 

Sec. 3066. Toussaint River navigation project, Carroll Township, Ohio. 

Sec. 3067. Arcadia Lake, Oklahoma. 

Sec. 3068. Waurika Lake, Oklahoma. 

Sec. 3069. Lookout Point, Dexter Lake project, Lowell, Oregon. 

Sec. 3070. Upper Willamette River Watershed ecosystem restoration. 

Sec. 3071. Tioga Township, Pennsylvania. 

Sec. 3072. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 3073. Cooper River Bridge demolition, Charleston, South Carolina. 

Sec. 3074. South Carolina Department of Commerce development proposal at 

Richard B. Russell Lake, South Carolina. 

Sec. 3075. Missouri River restoration, South Dakota. 

Sec. 3076. Missouri and Middle Mississippi Rivers enhancement project. 

Sec. 3077. Anderson Creek, Jackson and Madison Counties, Tennessee. 

Sec. 3078. Harris Fork Creek, Tennessee and Kentucky. 

Sec. 3079. Nonconnah Weir, Memphis, Tennessee. 

Sec. 3080. Old Hickory Lock and Dam, Cumberland River, Tennessee. 

Sec. 3081. Sandy Creek, Jackson County, Tennessee. 

Sec. 3082. Cedar Bayou, Texas. 

Sec. 3083. Freeport Harbor, Texas.

Sec. 3084. Harris County, Texas. 

Sec. 3085. Dam remediation, Vermont. 

Sec. 3086. Lake Champlain eurasian milfoil, water chestnut, and other nonnative plant control, Vermont. 

Sec. 3087. Upper Connecticut River Basin wetland restoration, Vermont and 

New Hampshire. 

Sec. 3088. Upper Connecticut River Basin ecosystem restoration, Vermont and 

New Hampshire. 

Sec. 3089. Lake Champlain Watershed, Vermont and New York. 

Sec. 3090. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 3091. Tangier Island Seawall, Virginia. 

Sec. 3092. Erosion control, Puget Island, Wahkiakum County, Washington. 

Sec. 3093. Lower granite pool, Washington. 
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Sec. 3094. Mcnary Lock and Dam, Mcnary National Wildlife Refuge, Washington and Idaho. 

Sec. 3095. Snake River project, Washington and Idaho. 

Sec. 3096. Marmet Lock, Kanawha River, West Virginia. 

Sec. 3097. Lower Mud River, Milton, West Virginia. 

Sec. 3098. Underwood Creek diversion facility project, Milwaukee County, Wisconsin. 

Sec. 3099. Mississippi River headwaters reservoirs. 

Sec. 3100. Lower Mississippi River Museum and Riverfront Interpretive Site. 

Sec. 3101. Pilot program, Middle Mississippi River. 

Sec. 3102. Upper Mississippi River system environmental management program. 

TITLE IV—STUDIES 

Sec. 4001. Eurasian milfoil. 

Sec. 4002. National port study. 

Sec. 4003. Mcclellan-Kerr Arkansas River Navigation Channel. 

Sec. 4004. Selenium study, Colorado. 

Sec. 4005. Nicholas Canyon, Los Angeles, California. 

Sec. 4006. Oceanside, California, shoreline special study. 

Sec. 4007. Comprehensive flood protection project, St. Helena, California. 

Sec. 4008. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island, California. 

Sec. 4009. South San Francisco Bay shoreline study, California. 

Sec. 4010. San Pablo Bay Watershed restoration, California. 

Sec. 4011. Lake Erie at Luna Pier, Michigan. 

Sec. 4012. Middle Bass Island State Park, Middle Bass Island, Ohio. 

Sec. 4013. Jasper County port facility study, South Carolina. 

Sec. 4014. Lake Champlain Canal study, Vermont and New York. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 5001. Lakes program. 

Sec. 5002. Estuary restoration. 

Sec. 5003. Delmarva conservation corridor, Delaware and Maryland. 

Sec. 5004. Susquehanna, Delaware, and Potomac River Basins, Delaware, 

Maryland, Pennsylvania, and Virginia. 

Sec. 5005. Chicago Sanitary and Ship Canal Dispersal Barriers project, Illinois. 

Sec. 5006. Rio Grande environmental management program, New Mexico. 

Sec. 5007. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and Terrestrial Wildlife Habitat Restoration, South Dakota. 

Sec. 5008. Connecticut River dams, Vermont. 

TITLE VI—PROJECT DEAUTHORIZATIONS 

Sec. 6001. Little Cove Creek, Glencoe, Alabama. 

Sec. 6002. Goleta and vicinity, California. 

Sec. 6003. Bridgeport Harbor, Connecticut. 

Sec. 6004. Bridgeport, Connecticut. 

Sec. 6005. Hartford, Connecticut. 

Sec. 6006. New Haven, Connecticut. 

Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, Part II, 

installation of fender protection for bridges, Delaware and 

Maryland. 
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Sec. 6008. Central and southern Florida, Everglades National Park, Florida. 

Sec. 6009. Shingle Creek Basin, Florida. 

Sec. 6010. Brevoort, Indiana. 

Sec. 6011. Middle Wabash, Greenfield Bayou, Indiana. 

Sec. 6012. Lake George, Hobart, Indiana. 

Sec. 6013. Green Bay Levee and Drainage District No. 2, Iowa. 

Sec. 6014. Muscatine Harbor, Iowa. 

Sec. 6015. Big South Fork National River and Recreational Area, Kentucky 

and Tennessee. 

Sec. 6016. Eagle Creek Lake, Kentucky. 

Sec. 6017. Hazard, Kentucky. 

Sec. 6018. West Kentucky tributaries, Kentucky. 

Sec. 6019. Bayou Cocodrie and tributaries, Louisiana. 

Sec. 6020. Bayou Lafourche and Lafourche Jump, Louisiana. 

Sec. 6021. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana. 

Sec. 6022. Fort Livingston, Grand Terre Island, Louisiana. 

Sec. 6023. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana. 

Sec. 6024. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas. 

Sec. 6025. Casco Bay, Portland, Maine. 

Sec. 6026. Northeast Harbor, Maine. 

Sec. 6027. Penobscot River, Bangor, Maine. 

Sec. 6028. Saint John River Basin, Maine. 

Sec. 6029. Tenants Harbor, Maine. 

Sec. 6030. Grand Haven Harbor, Michigan. 

Sec. 6031. Greenville Harbor, Mississippi. 

Sec. 6032. Platte River flood and related streambank erosion control, Nebraska. 

Sec. 6033. Epping, New Hampshire. 

Sec. 6034. Manchester, New Hampshire. 

Sec. 6035. New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey. 

Sec. 6036. Eisenhower and Snell Locks, New York. 

Sec. 6037. Olcott Harbor, Lake Ontario, New York. 

Sec. 6038. Outer Harbor, Buffalo, New York. 

Sec. 6039. Sugar Creek Basin, North Carolina and South Carolina. 

Sec. 6040. Cleveland Harbor 1958 Act, Ohio. 

Sec. 6041. Cleveland Harbor 1960 Act, Ohio. 

Sec. 6042. Cleveland Harbor, uncompleted portion of Cut #4, Ohio. 

Sec. 6043. Columbia River, Seafarers Memorial, Hammond, Oregon. 

Sec. 6044. Chartiers Creek, Cannonsburg (Houston Reach Unit 2b), Pennsylvania. 

Sec. 6045. Schuylkill River, Pennsylvania. 

Sec. 6046. Tioga-Hammond Lakes, Pennsylvania. 

Sec. 6047. Tamaqua, Pennsylvania. 

Sec. 6048. Narragansett Town Beach, Narragansett, Rhode Island. 

Sec. 6049. Quonset Point-Davisville, Rhode Island. 

Sec. 6050. Arroyo Colorado, Texas. 

Sec. 6051. Cypress Creek-Structural, Texas. 

Sec. 6052. East Fork Channel Improvement, Increment 2, east fork of the 

Trinity River, Texas. 

Sec. 6053. Falfurrias, Texas. 

Sec. 6054. Pecan Bayou Lake, Texas. 

Sec. 6055. Lake of the Pines, Texas. 

Sec. 6056. Tennessee Colony Lake, Texas. 
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Sec. 6057. City Waterway, Tacoma, Washington. 

Sec. 6058. Kanawha River, Charleston, West Virginia. 

1 TITLE I—WATER RESOURCES 

2 PROJECTS 

3 SEC. 1001. PROJECT AUTHORIZATIONS. 

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

5 otherwise provided in this section, the following projects 

6 for water resources development and conservation and 

7 other purposes are authorized to be carried out by the Sec8 retary substantially in accordance with the plans, and sub9 ject to the conditions, described in the respective reports 

10 designated in this section: 

11 (1) AKUTAN HARBOR, ALASKA.—The project 

12 for navigation, Akutan, Harbor, Alaska: Report of 

13 the Chief of Engineers, dated December 20, 2004, 

14 at a total estimated cost of $12,200,000, with an es15 timated Federal cost of $9,800,000 and an esti16 mated non-Federal cost of $2,400,000. 

17 (2) HAINES HARBOR, ALASKA.—The project for 

18 navigation, Haines Harbor, Alaska: Report of the 

19 Chief of Engineers, dated December 20, 2004, at a 

20 total estimated cost of $12,200,000, with an esti21 mated Federal cost of $9,700,000 and an estimated 

22 non-Federal cost of $2,500,000. 

23 (3) RILLITO RIVER (EL RIO ANTIGUO), PIMA

24 COUNTY, ARIZONA.—The project for ecosystem res-
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1 toration, Rillito River (El Rio Antiguo), Pima Coun2 ty, Arizona: Report of the Chief of Engineers dated 

3 December 22, 2004, at a total cost of $67,457,000, 

4 with an estimated Federal cost of $43,421,000 and 

5 an estimated non-Federal cost of $24,036,000. 

6 (4) TANQUE VERDE CREEK, ARIZONA.—The 

7 project for ecosystem restoration, Tanque Verde 

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

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

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

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

12 (5) SALT RIVER (VA SHLYAY AKIMEL), MARI13 COPA COUNTY, ARIZONA.—The project for ecosystem 

14 restoration, Salt River (Va Shlyay Akimel), Arizona: 

15 Report of the Chief of Engineers dated January 3, 

16 2005, at a total cost of $138,968,000, with an esti17 mated Federal cost of $90,129,000 and an esti18 mated non-Federal cost of $48,839,000. 

19 (6) HAMILTON CITY, CALIFORNIA.—The project 

20 for flood damage reduction and ecosystem restora21 tion, Hamilton City, California: Report of the Chief 

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

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

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

25 $17,600,000. 
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1 (7) IMPERIAL BEACH, CALIFORNIA.—The 

2 project for storm damage reduction, Imperial Beach, 

3 California: Report of the Chief of Engineers, dated 

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

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

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

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

8 beach nourishment over the 50-year life of the 

9 project, with an estimated Federal cost of 

10 $19,002,000 and an estimated non-Federal cost of 

11 $19,002,000. 

12 (8) MATILIJA DAM, VENTURA COUNTY, CALI13 FORNIA.—The project for ecosystem restoration, 

14 Matilija Dam and Ventura River Watershed, Ven15 tura County, California: Report of the Chief of En16 gineers dated December 20, 2004, at a total cost of 

17 $130,335,000, with an estimated Federal cost of 

18 $78,973,000 and an estimated non-Federal cost of 

19 $48,839,000. 

20 (9) MIDDLE CREEK, LAKE COUNTY, CALI21 FORNIA.—The project for flood damage reduction 

22 and ecosystem restoration, Middle Creek, Lake 

23 County, California: Report of the Chief of Engineers 

24 dated November 29, 2004, at a total cost of 

25 $41,793,000, with an estimated Federal cost of 
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1 $27,256,000 and an estimated non-Federal cost of 

2 $14,537,000. 

3 (10) NAPA RIVER SALT MARSH, CALIFORNIA.— 

4 The project for ecosystem restoration, Napa River 

5 Salt Marsh, California: Report of the Chief of Engi6 neers dated December 22, 2004, at a total cost of 

7 $58,412,000, with an estimated Federal cost of 

8 $37,740,000 and an estimated non-Federal cost of 

9 $20,672,000. 

10 (11) SOUTH PLATTE RIVER, DENVER, COLO11 RADO.—The project for ecosystem restoration, Den12 ver County Reach, South Platte River, Denver, Colo13 rado: Report of the Chief of Engineers, dated May 

14 16, 2003, at a total cost of $18,824,000, with an es15 timated Federal cost of $12,236,000 and an esti16 mated non-Federal cost of $6,588,000. 

17 (12) INDIAN RIVER LAGOON, SOUTH FLOR18 IDA.— 

19 (A) IN GENERAL.—The Secretary may 

20 carry out the project for ecosystem restoration, 

21 water supply, flood control, and protection of 

22 water quality, Indian River Lagoon, South 

23 Florida, at a total cost of $1,210,608,000, with 

24 an estimated first Federal cost of 

25 $605,304,000, and an estimated first non-Fed-
11 

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1 eral cost of $605,304,000, in accordance with 

2 section 601 of the Water Resources Develop3 ment Act of 2000 (114 Stat. 2680) and the rec4 ommendations of the report of the Chief of En5 gineers, dated August 6, 2004. 

6 (B) DEAUTHORIZATIONS.—As of the date 

7 of enactment of this Act, the following projects 

8 are not authorized: 

9 (i) The uncompleted portions of the 

10 project authorized by section 

11 601(b)(2)(C)(i) of the Water Resources 

12 Development Act of 2000 (114 Stat. 

13 2682), C–44 Basin Storage Reservoir of 

14 the Comprehensive Everglades Restoration 

15 Plan, at a total cost of $112,562,000, with 

16 an estimated Federal cost of $56,281,000, 

17 and an estimated non-Federal cost of 

18 $56,281,000. 

19 (ii) The uncompleted portions of the 

20 project authorized by section 203 of the 

21 Flood Control Act of 1968 (Public Law 

22 90–483; 82 Stat. 740), Martin County, 

23 Florida, modifications to Central and 

24 South Florida Project, as contained in 

25 Senate Document 101, 90th Congress, 2d 
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1 Session, at a total cost of $15,471,000, 

2 with an estimated Federal cost of 

3 $8,073,000, and an estimated non-Federal 

4 cost of $7,398,000. 

5 (iii) The uncompleted portions of the 

6 project authorized by section 203 of the 

7 Flood Control Act of 1968 (Public Law 

8 90–483; 82 Stat. 740), East Coast 

9 Backpumping, St. Lucie–Martin County, 

10 Spillway Structure S–311 of the Central 

11 and South Florida Project, as contained in 

12 House Document 369, 90th Congress, 2d 

13 Session, at a total cost of $77,118,000, 

14 with an estimated Federal cost of 

15 $55,124,000, and an estimated non-Fed16 eral cost of $21,994,000. 

17 (13) EAST ST. LOUIS AND VICINITY, ILLI18 NOIS.—The project for ecosystem restoration and 

19 recreation, East St. Louis and Vicinity, Illinois: Re20 port of the Chief of Engineers dated December 22, 

21 2004, at a total cost of $191,158,000, with an esti22 mated Federal cost of $123,807,000 and an esti23 mated non-Federal cost of $67,351,000. 

24 (14) PEORIA RIVERFRONT, ILLINOIS.—The 

25 project for ecosystem restoration, Peoria Riverfront, 
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1 Illinois: Report of the Chief of Engineers, dated July 

2 28, 2003, at a total cost of $16,000,000, with an es3 timated Federal cost of $10,400,000 and an esti4 mated non-Federal cost of $5,600,000. 

5 (15) BAYOU SORREL LOCK, LOUISIANA.—The 

6 project for navigation, Bayou Sorrel Lock, Lou7 isiana: Report of the Chief of Engineers dated Janu8 ary 3, 2005, at a total cost of $9,000,000. The costs 

9 of construction of the project are to be paid half 

10 from amounts appropriated from the general fund of 

11 the Treasury and half from amounts appropriated 

12 from the Inland Waterways Trust Fund. 

13 (16) MORGANZA TO THE GULF OF MEXICO, 

14 LOUISIANA.— 

15 (A) IN GENERAL.—The project for hurri16 cane and storm damage reduction, Morganza to 

17 the Gulf of Mexico, Louisiana: Reports of the 

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

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

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

21 and an estimated non-Federal cost of 

22 $275,800,000. 

23 (B) OPERATION AND MAINTENANCE.—The 

24 operation, maintenance, repair, rehabilitation, 

25 and replacement of the Houma Navigation 
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1 Canal lock complex and the Gulf Intracoastal 

2 Waterway floodgate features that provide for 

3 inland waterway transportation shall be a Fed4 eral responsibility, in accordance with section 

5 102 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2212; Public Law 99–662). 

7 (17) SMITH ISLAND, MARYLAND.—The project 

8 for ecosystem restoration, Smith Island, Maryland: 

9 Report of the Chief of Engineers, dated October 29, 

10 2001, at a total cost of $14,500,000, with an esti11 mated Federal cost of $9,425,000 and an estimated 

12 non-Federal cost of $5,075,000. 

13 (18) SWOPE PARK INDUSTRIAL AREA, MIS14 SOURI.—The project for flood damage reduction, 

15 Swope Park Industrial Area, Missouri: Report of the 

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

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

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

19 cost of $5,489,000. 

20 (19) MANASQUAN TO BARNEGAT INLETS, NEW

21 JERSEY.—The project for hurricane and storm dam22 age reduction, Manasquan to Barnegat Inlets, New 

23 Jersey: Report of the Chief of Engineers dated De24 cember 30, 2003, at a total cost of $64,872,000, 

25 with an estimated Federal cost of $42,168,000 and 
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1 an estimated non-Federal cost of $22,704,000, and 

2 at an estimated total cost of $107,990,000 for peri3 odic beach nourishment over the 50-year life of the 

4 project, with an estimated Federal cost of 

5 $53,995,000 and an estimated non-Federal cost of 

6 $53,995,000. 

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

8 for hurricane and storm damage reduction and eco9 system restoration, South River, New Jersey: Report 

10 of the Chief of Engineers, dated July 22, 2003, at 

11 a total cost of $112,623,000, with an estimated Fed12 eral cost of $73,205,000 and an estimated non-Fed13 eral cost of $39,418,000. 

14 (21) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

15 MEXICO.—The project for flood damage reduction, 

16 Southwest Valley, Albuquerque, New Mexico: Report 

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

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

19 Federal cost of $12,671,000 and an estimated non20 Federal cost of $6,823,000. 

21 (22) CORPUS CHRISTI SHIP CHANNEL, CORPUS

22 CHRISTI, TEXAS.— 

23 (A) IN GENERAL.—The project for naviga24 tion and ecosystem restoration, Corpus Christi 

25 Ship Channel, Texas, Channel Improvement 
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1 Project: Report of the Chief of Engineers dated 

2 June 2, 2003, at a total cost of $172,940,000, 

3 with an estimated Federal cost of $80,086,000 

4 and an estimated non-Federal cost of 

5 $92,854,000. 

6 (B) NAVIGATIONAL SERVITUDE.—In car7 rying out the project under subsection (A), the 

8 Secretary shall enforce navigational servitude in 

9 the Corpus Christi Ship Channel, including, at 

10 the sole expense of the owner of the facility, the 

11 removal or relocation of any facility obstructing 

12 the project. 

13 (23) GULF INTRACOASTAL WATERWAY, BRAZOS

14 RIVER TO PORT O’CONNOR, MATAGORDA BAY RE15 ROUTE, TEXAS.—The project for navigation, Gulf 

16 Intracoastal Waterway, Brazos River to Port O’Con17 nor, Matagorda Bay Re-Route, Texas: Report of the 

18 Chief of Engineers, dated December 24, 2002, at a 

19 total cost of $15,960,000. The costs of construction 

of the project are to be paid 1 20 ⁄2 from amounts appro21 priated from the general fund of the Treasury and 

1 22 ⁄2 from amounts appropriated from the Inland Wa23 terways Trust Fund. 

24 (24) GULF INTRACOASTAL WATERWAY, HIGH

25 ISLAND TO BRAZOS RIVER, TEXAS.—The project for 
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1 navigation, Gulf Intracoastal Waterway, Sabine 

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

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

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

project are to be paid 1 5 ⁄2 from amounts appropriated 

from the general fund of the Treasury and 1 6 ⁄2 from 

7 amounts appropriated from the Inland Waterways 

8 Trust Fund. 

9 (25) RIVERSIDE OXBOW, FORT WORTH, 

10 TEXAS.—The project for ecosystem restoration, Riv11 erside Oxbow, Fort Worth, Texas: Report of the 

12 Chief of Engineers dated May 29, 2003, at a total 

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

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

15 of $14,800,000. 

16 (26) DEEP CREEK, CHESAPEAKE, VIRGINIA.— 

17 The project for the Atlantic Intracoastal Waterway 

18 Bridge Replacement, Deep Creek, Chesapeake, Vir19 ginia: Report of the Chief of Engineers, dated March 

20 3, 2003, at a total cost of $35,573,000. 

21 (27) CHEHALIS RIVER, CENTRALIA, WASH22 INGTON.—The project for flood damage reduction, 

23 Centralia, Washington, authorized by section 401(a) 

24 of the Water Resources Development Act of 1986 

25 (Public Law 99–662; 100 Stat. 4126)— 
18 

•S 728 IS 

1 (A) is modified to be carried out at a total 

2 cost of $109,850,000, with a Federal cost of 

3 $66,425,000, and a non-Federal cost of 

4 $43,425,000; and 

5 (B) shall be carried out by the Secretary 

6 substantially in accordance with the plans, and 

7 subject to the conditions, recommended in the 

8 final report of the Chief of Engineers, dated 

9 September 27, 2004. 

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

11 following projects for water resources development and 

12 conservation and other purposes are authorized to be car13 ried out by the Secretary 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 re16 port of the Chief is completed not later than December 

17 31, 2005: 

18 (1) MIAMI HARBOR, MIAMI, FLORIDA.—The 

19 project for navigation, Miami Harbor, Miami, Flor20 ida, at a total cost of $121,126,000, with an esti21 mated Federal cost of $64,843,000 and an esti22 mated non-Federal cost of $56,283,000. 

23 (2) PICAYUNE STRAND, FLORIDA.—The project 

24 for ecosystem restoration, Picayune Strand, Florida, 

25 at a total cost of $349,422,000 with an estimated 
19 

•S 728 IS 

1 Federal cost of $174,711,000 and an estimated non2 Federal cost of $174,711,000, subject to section 601 

3 of the Water Resources Development Act of 2000 

4 (114 Stat. 2680). 

5 (3) DES MOINES AND RACCOON RIVERS, DES

6 MOINES, IOWA.—The project for flood damage re7 duction, Des Moines and Raccoon Rivers, Des 

8 Moines, Iowa, at a total cost of $10,000,000, with 

9 an estimated Federal cost of $6,500,000, and an es10 timated non-Federal cost of $3,500,000. 

11 (4) PORT OF IBERIA, LOUISIANA.—The project 

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

13 cost of $194,000,000, with an estimated Federal 

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

15 cost of $71,000,000. 

16 (5) JAMAICA BAY, MARINE PARK AND PLUMB

17 BEACH, QUEENS AND BROOKLYN, NEW YORK.—The 

18 project for ecosystem restoration, Jamaica Bay, 

19 Queens and Brooklyn, New York, at a total esti20 mated cost of $180,000,000, with an estimated Fed21 eral cost of $117,000,000 and an estimated non22 Federal cost of $63,000,000. 

23 (6) RARITAN BAY AND SANDY HOOK BAY, 

24 UNION BEACH, NEW JERSEY.—The project for hurri25 cane and storm damage reduction, Raritan Bay and 
20 

•S 728 IS 

1 Sandy Hook Bay, Union Beach, New Jersey, at a 

2 total cost of $105,544,000, with an estimated Fed3 eral cost of $68,603,600, and an estimated non-Fed4 eral cost of $36,940,400, and at an estimated total 

5 cost of $2,315,000 for periodic nourishment over the 

6 50-year life of the project, with an estimated Federal 

7 cost of $1,157,500, and an estimated non-Federal 

8 cost of $1,157,500. 

9 (7) MONTAUK POINT, NEW YORK.—The project 

10 for hurricane and storm damage reduction, Montauk 

11 Point, Suffolk County, New York, at a total cost of 

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

13 $7,800,000 and an estimated non-Federal cost of 

14 $4,200,000. 

15 (8) HOCKING RIVER BASIN, MONDAY CREEK, 

16 OHIO.—The project for ecosystem restoration, Hock17 ing River Basin, Monday Creek, Ohio, at a total cost 

18 of $20,000,000, with an estimated Federal cost of 

19 $13,000,000 and an estimated non-Federal cost of 

20 $7,000,000. 
21 

•S 728 IS 

1 SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVE2 MENTS AND ECOSYSTEM RESTORATION PLAN 

3 FOR THE UPPER MISSISSIPPI RIVER AND IL4 LINOIS WATERWAY SYSTEM. 

5 (a) DEFINITIONS.—In this section, the following defi6 nitions apply: 

7 (1) PLAN.—The term ‘‘Plan’’ means the pre8 ferred integrated plan contained in the document en9 titled ‘‘Integrated Feasibility Report and Pro10 grammatic Environmental Impact Statement for the 

11 UMR–IWW System Navigation Feasibility Study’’ 

12 and dated September 24, 2004. 

13 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

14 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

15 River and Illinois Waterway System’’ means the 

16 projects for navigation and ecosystem restoration au17 thorized by Congress for— 

18 (A) the segment of the Mississippi River 

19 from the confluence with the Ohio River, River 

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

21 Minneapolis-St. Paul, Minnesota, River Mile 

22 854.0; and 

23 (B) the Illinois Waterway from its con24 fluence with the Mississippi River at Grafton, 

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

26 Chicago, Illinois, River Mile 327.0. 
22 

•S 728 IS 

1 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA2 TION IMPROVEMENTS.— 

3 (1) SMALL SCALE AND NONSTRUCTURAL MEAS4 URES.— 

5 (A) IN GENERAL.—The Secretary shall, in 

6 general conformance with the Plan— 

7 (i) construct mooring facilities at 

8 Locks 12, 14, 18, 20, 22, 24, and La9 Grange Lock; 

10 (ii) provide switchboats at Locks 20 

11 through 25; and 

12 (iii) conduct development and testing 

13 of an appointment scheduling system. 

14 (B) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appro16 priated to carry out this paragraph 

17 $235,000,000 for fiscal years beginning October 

18 1, 2004. The costs of construction of the 

project shall be paid 1 19 ⁄2 from amounts appro20 priated from the general fund of the Treasury 

and 1 21 ⁄2 from amounts appropriated from the In22 land Waterways Trust Fund. Such sums shall 

23 remain available until expended. 

24 (2) NEW LOCKS.— 
23 

•S 728 IS 

1 (A) IN GENERAL.—The Secretary shall, in 

2 general conformance with the Plan, construct 

3 new 1,200-foot locks at Locks 20, 21, 22, 24, 

4 and 25 on the Upper Mississippi River and at 

5 LaGrange Lock and Peoria Lock on the Illinois 

6 Waterway. 

7 (B) MITIGATION.—The Secretary shall 

8 conduct mitigation for the new locks and small 

9 scale and nonstructural measures authorized 

10 under paragraphs (1) and (2). 

11 (C) CONCURRENCE.—The mitigation re12 quired under subparagraph (B) for the projects 

13 authorized under paragraphs (1) and (2), in14 cluding any acquisition of lands or interests in 

15 lands, shall be undertaken or acquired concur16 rently with lands and interests for the projects 

17 authorized under paragraphs (1) and (2), and 

18 physical construction required for the purposes 

19 of mitigation shall be undertaken concurrently 

20 with the physical construction of such projects. 

21 (D) AUTHORIZATION OF APPROPRIA22 TIONS.—There are authorized to be appro23 priated to carry out this paragraph 

24 $1,795,000,000 for fiscal years beginning Octo25 ber 1, 2004. The costs of construction on the 
24 

•S 728 IS 

project shall be paid 1 1 ⁄2 from amounts appro2 priated from the general fund of the Treasury 

and 1 3 ⁄2 from amounts appropriated from the In4 land Waterways Trust Fund. Such sums shall 

5 remain available until expended. 

6 (c) ECOSYSTEM RESTORATION AUTHORIZATION.— 

7 (1) OPERATION.—To ensure the environmental 

8 sustainability of the existing Upper Mississippi River 

9 and Illinois Waterway System, the Secretary shall 

10 modify, consistent with requirements to avoid ad11 verse effects on navigation, the operation of the 

12 Upper Mississippi River and Illinois Waterway Sys13 tem to address the cumulative environmental im14 pacts of operation of the system and improve the ec15 ological integrity of the Upper Mississippi River and 

16 Illinois River. 

17 (2) ECOSYSTEM RESTORATION PROJECTS.— 

18 (A) IN GENERAL.—The Secretary shall 

19 carry out, consistent with requirements to avoid 

20 adverse effects on navigation, ecosystem res21 toration projects to attain and maintain the 

22 sustainability of the ecosystem of the Upper 

23 Mississippi River and Illinois River in accord24 ance with the general framework outlined in the 

25 Plan. 
25 

•S 728 IS 

1 (B) PROJECTS INCLUDED.—Ecosystem 

2 restoration projects may include, but are not 

3 limited to— 

4 (i) island building; 

5 (ii) construction of fish passages; 

6 (iii) floodplain restoration; 

7 (iv) water level management (includ8 ing water drawdown); 

9 (v) backwater restoration; 

10 (vi) side channel restoration; 

11 (vii) wing dam and dike restoration 

12 and modification; 

13 (viii) island and shoreline protection; 

14 (ix) topographical diversity; 

15 (x) dam point control; 

16 (xi) use of dredged material for envi17 ronmental purposes; 

18 (xii) tributary confluence restoration; 

19 (xiii) spillway, dam, and levee modi20 fication to benefit the environment; 

21 (xiv) land easement authority; and 

22 (xv) land acquisition. 

23 (C) COST SHARING.— 

24 (i) IN GENERAL.—Except as provided 

25 in clauses (ii) and (iii), the Federal share 
26 

•S 728 IS 

1 of the cost of carrying out an ecosystem 

2 restoration project under this paragraph 

3 shall be 65 percent. 

4 (ii) EXCEPTION FOR CERTAIN RES5 TORATION PROJECTS.—In the case of a 

6 project under this subparagraph for eco7 system restoration, the Federal share of 

8 the cost of carrying out the project shall be 

9 100 percent if the project— 

10 (I) is located below the ordinary 

11 high water mark or in a connected 

12 backwater; 

13 (II) modifies the operation or 

14 structures for navigation; or 

15 (III) is located on federally 

16 owned land. 

17 (iii) SAVINGS CLAUSE.—Nothing in 

18 this paragraph affects the applicability of 

19 section 906(e) of the Water Resources De20 velopment Act of 1986 (33 U.S.C. 2283). 

21 (iv) NONGOVERNMENTAL ORGANIZA22 TIONS.—Notwithstanding section 221(b) of 

23 the Flood Control Act of 1970 (42 U.S.C. 

24 1962d–5(b)), for any project carried out 

25 under this section, a non-Federal sponsor 
27 

•S 728 IS 

1 may include a nonprofit entity, with the 

2 consent of the affected local government. 

3 (D) LAND ACQUISITION.—The Secretary 

4 may acquire land or an interest in land for an 

5 ecosystem restoration project from a willing 

6 owner through conveyance of— 

7 (i) fee title to the land; or 

8 (ii) a flood plain conservation ease9 ment. 

10 (3) ECOSYSTEM RESTORATION

11 PRECONSTRUCTION ENGINEERING AND DESIGN.— 

12 (A) RESTORATION DESIGN.—Before initi13 ating the construction of any individual eco14 system restoration project, the Secretary 

15 shall— 

16 (i) establish ecosystem restoration 

17 goals and identify specific performance 

18 measures designed to demonstrate eco19 system restoration; 

20 (ii) establish the without-project con21 dition or baseline for each performance in22 dicator; and 

23 (iii) for each separable element of the 

24 ecosystem restoration, identify specific tar25 get goals for each performance indicator. 
28 

•S 728 IS 

1 (B) OUTCOMES.—Performance measures 

2 identified under subparagraph (A)(i) should 

3 comprise specific measurable environmental out4 comes, such as changes in water quality, hy5 drology, or the well-being of indicator species 

6 the population and distribution of which are 

7 representative of the abundance and diversity of 

8 ecosystem-dependent aquatic and terrestrial 

9 species. 

10 (C) RESTORATION DESIGN.—Restoration 

11 design carried out as part of ecosystem restora12 tion shall include a monitoring plan for the per13 formance measures identified under subpara14 graph (A)(i), including— 

15 (i) a timeline to achieve the identified 

16 target goals; and 

17 (ii) a timeline for the demonstration 

18 of project completion. 

19 (4) SPECIFIC PROJECTS AUTHORIZATION.— 

20 (A) IN GENERAL.—There are authorized to 

21 carry out this subsection for fiscal years begin22 ning October 1, 2005, $1,580,000,000, of which 

23 not more than $226,000,000 shall be available 

24 for projects described in paragraph (2)(B)(ii) 

25 and not more than $43,000,000 shall be avail-
29 

•S 728 IS 

1 able for projects described in paragraph 

2 (2)(B)(x). Such sums shall remain available 

3 until expended. 

4 (B) LIMITATION ON AVAILABLE FUNDS.— 

5 Of the amounts made available under subpara6 graph (A), not more than $35,000,000 for each 

7 fiscal year shall be available for land acquisition 

8 under paragraph (2)(D). 

9 (C) INDIVIDUAL PROJECT LIMIT.—Other 

10 than for projects described in clauses (ii) and 

11 (x) of paragraph (2)(B), the total cost of any 

12 single project carried out under this subsection 

13 shall not exceed $25,000,000. 

14 (5) IMPLEMENTATION REPORTS.— 

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

16 30, 2008, and every 5 years thereafter, the Sec17 retary shall submit to the Committee on Envi18 ronment and Public Works of the Senate and 

19 the Committee on Transportation and Infra20 structure of the House of Representatives an 

21 implementation report that— 

22 (i) includes baselines, milestones, 

23 goals, and priorities for ecosystem restora24 tion projects; and 
30 

•S 728 IS 

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) PANEL MEMBERS.—Panel mem10 bers shall include— 

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; 
31 

•S 728 IS 

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 (iv) APPLICATION OF FEDERAL ADVI15 SORY COMMITTEE ACT.—The Advisory 

16 Panel and any working group established 

17 by the Advisory Panel shall not be consid18 ered an advisory committee under the Fed19 eral Advisory Committee Act (5 U.S.C. 

20 App.). 

21 (6) RANKING SYSTEM.— 

22 (A) IN GENERAL.—The Secretary, in con23 sultation with the Advisory Panel, shall develop 

24 a system to rank proposed projects. 
32 

•S 728 IS 

1 (B) PRIORITY.—The ranking system shall 

2 give greater weight to projects that restore nat3 ural river processes, including those projects 

4 listed in paragraph (2)(B). 

5 (d) COMPARABLE PROGRESS.— 

6 (1) IN GENERAL.—As the Secretary conducts 

7 pre-engineering, design, and construction for 

8 projects authorized under this section, the Secretary 

9 shall— 

10 (A) select appropriate milestones; and 

11 (B) determine, at the time of such selec12 tion, whether the projects are being carried out 

13 at comparable rates. 

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

15 determines under paragraph (1)(B) that projects au16 thorized under this subsection are not moving to17 ward completion at a comparable rate, annual fund18 ing requests for the projects will be adjusted to en19 sure that the projects move toward completion at a 

20 comparable rate in the future. 

21 SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RES22 TORATION, LOUISIANA. 

23 (a) IN GENERAL.—The Secretary may carry out a 

24 program for ecosystem restoration, Louisiana Coastal 
33 

•S 728 IS 

1 Area, Louisiana, substantially in accordance with the re2 port of the Chief of Engineers, dated January 31, 2005. 

3 (b) PRIORITIES.— 

4 (1) IN GENERAL.—In carrying out the program 

5 under subsection (a), the Secretary shall give pri6 ority to— 

7 (A) any portion of the program identified 

8 in the report described in subsection (a) as a 

9 critical restoration feature; 

10 (B) any Mississippi River diversion project 

11 that— 

12 (i) protects a major population area of 

13 the Pontchartain, Pearl, Breton Sound, 

14 Barataria, or Terrebonne Basin; and 

15 (ii) produces an environmental benefit 

16 to the coastal area of the State of Lou17 isiana or the State of Mississippi; and 

18 (C) any barrier island, or barrier shoreline, 

19 project that— 

20 (i) is carried out in conjunction with 

21 a Mississippi River diversion project; and 

22 (ii) protects a major population area. 

23 (c) NONGOVERNMENTAL ORGANIZATIONS.—A non24 governmental organization shall be eligible to contribute 
34 

•S 728 IS 

1 all or a portion of the non-Federal share of the cost of 

2 a project under this section. 

3 (d) COMPREHENSIVE PLAN.— 

4 (1) IN GENERAL.—The Secretary, in coordina5 tion with the Governor of the State of Louisiana, 

6 shall— 

7 (A) develop a plan for protecting, pre8 serving, and restoring the coastal Louisiana 

9 ecosystem; and 

10 (B) not later than 1 year after the date of 

11 enactment of this Act, and every 5 years there12 after, submit to Congress the plan, or an up13 date of the plan. 

14 (2) INCLUSIONS.—The comprehensive plan 

15 shall include a description of— 

16 (A) the framework of a long-term program 

17 that provides for the comprehensive protection, 

18 conservation, and restoration of the wetlands, 

19 estuaries (including the Barataria-Terrebonne 

20 estuary), barrier islands, shorelines, and related 

21 land and features of the coastal Louisiana eco22 system, including protection of a critical re23 source, habitat, or infrastructure from the ef24 fects of a coastal storm, a hurricane, erosion, or 

25 subsidence; 
35 

•S 728 IS 

1 (B) the means by which a new technology, 

2 or an improved technique, can be integrated 

3 into the program under subsection (a); and 

4 (C) the role of other Federal agencies and 

5 programs in carrying out the program under 

6 subsection (a). 

7 (3) CONSIDERATION.—In developing the com8 prehensive plan, the Secretary shall consider the ad9 visability of integrating into the program under sub10 section (a)— 

11 (A) a related Federal or State project car12 ried out on the date on which the plan is devel13 oped; 

14 (B) an activity in the Louisiana Coastal 

15 Area; or 

16 (C) any other project or activity identified 

17 in— 

18 (i) the Mississippi River and Tribu19 taries program; 

20 (ii) the Louisiana Coastal Wetlands 

21 Conservation Plan; 

22 (iii) the Louisiana Coastal Zone Man23 agement Plan; or 
36 

•S 728 IS 

1 (iv) the plan of the State of Louisiana 

2 entitled ‘‘Coast 2050: Toward a Sustain3 able Coastal Louisiana’’. 

4 (e) TASK FORCE.— 

5 (1) ESTABLISHMENT.—There is established a 

6 task force to be known as the ‘‘Coastal Louisiana 

7 Ecosystem Protection and Restoration Task Force’’ 

8 (referred to in this subsection as the ‘‘Task Force’’). 

9 (2) MEMBERSHIP.—The Task Force shall con10 sist of the following members (or, in the case of the 

11 head of a Federal agency, a designee at the level of 

12 Assistant Secretary or an equivalent level): 

13 (A) The Secretary. 

14 (B) The Secretary of the Interior. 

15 (C) The Secretary of Commerce. 

16 (D) The Administrator of the Environ17 mental Protection Agency. 

18 (E) The Secretary of Agriculture. 

19 (F) The Secretary of Transportation. 

20 (G) The Secretary of Energy. 

21 (H) The Secretary of Homeland Security. 

22 (I) 3 representatives of the State of Lou23 isiana appointed by the Governor of that State. 

24 (3) DUTIES.—The Task Force shall make rec25 ommendations to the Secretary regarding— 
37 

•S 728 IS 

1 (A) policies, strategies, plans, programs, 

2 projects, and activities for addressing conserva3 tion, protection, restoration, and maintenance 

4 of the coastal Louisiana ecosystem; 

5 (B) financial participation by each agency 

6 represented on the Task Force in conserving, 

7 protecting, restoring, and maintaining the 

8 coastal Louisiana ecosystem, including rec9 ommendations— 

10 (i) that identify funds from current 

11 agency missions and budgets; and 

12 (ii) for coordinating individual agency 

13 budget requests; and 

14 (C) the comprehensive plan under sub15 section (d). 

16 (4) WORKING GROUPS.—The Task Force may 

17 establish such working groups as the Task Force de18 termines to be necessary to assist the Task Force in 

19 carrying out this subsection. 

20 (5) APPLICATION OF THE FEDERAL ADVISORY

21 COMMITTEE ACT.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall not apply to the Task 

23 Force or any working group of the Task Force. 

24 (f) MISSISSIPPI RIVER GULF OUTLET.— 
38 

•S 728 IS 

1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall develop a plan for modifying the Mississippi 

4 River Gulf Outlet that addresses— 

5 (A) wetland losses attributable to the Mis6 sissippi River Gulf Outlet; 

7 (B) channel bank erosion; 

8 (C) hurricane storm surges; 

9 (D) saltwater intrusion; 

10 (E) navigation interests; and 

11 (F) environmental restoration. 

12 (2) REPORT.—The Secretary, in conjunction 

13 with the Chief of Engineers, shall submit to Con14 gress a report recommending modifications to the 

15 Mississippi River Gulf Outlet, including measures to 

16 prevent the intrusion of saltwater into the Outlet. 

17 (g) SCIENCE AND TECHNOLOGY.— 

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

19 a coastal Louisiana ecosystem science and tech20 nology program. 

21 (2) PURPOSES.—The purposes of the program 

22 established by paragraph (1) shall be— 

23 (A) to identify any uncertainty relating to 

24 the physical, chemical, geological, biological, 
39 

•S 728 IS 

1 and cultural baseline conditions in coastal Lou2 isiana; 

3 (B) to improve knowledge of the physical, 

4 chemical, geological, biological, and cultural 

5 baseline conditions in coastal Louisiana; and 

6 (C) to identify and develop technologies, 

7 models, and methods to carry out this sub8 section. 

9 (3) WORKING GROUPS.—The Secretary may es10 tablish such working groups as the Secretary deter11 mines to be necessary to assist the Secretary in car12 rying out this subsection. 

13 (4) CONTRACTS AND COOPERATIVE AGREE14 MENTS.—In carrying out this subsection, the Sec15 retary may enter into a contract or cooperative 

16 agreement with an individual or entity (including a 

17 consortium of academic institutions in Louisiana 

18 and Mississippi) with scientific or engineering exper19 tise in the restoration of aquatic and marine eco20 systems for coastal restoration and enhancement 

21 through science and technology. 

22 (h) ANALYSIS OF BENEFITS.— 

23 (1) IN GENERAL.—Notwithstanding section 209 

24 of the Flood Control Act of 1970 (42 U.S.C. 1962– 

25 2) or any other provision of law, in carrying out an 
40 

•S 728 IS 

1 activity to conserve, protect, restore, or maintain the 

2 coastal Louisiana ecosystem, the Secretary may de3 termine that the environmental benefits provided by 

4 the program under this section outweigh the dis5 advantage of an activity under this section. 

6 (2) DETERMINATION OF COST-EFFECTIVE7 NESS.—If the Secretary determines that an activity 

8 under this section is cost-effective, no further eco9 nomic justification for the activity shall be required. 

10 (i) STUDY.—Not later than 180 days after the date 

11 of enactment of this Act, the Secretary, in consultation 

12 with the non-Federal interest, shall enter into a contract 

13 with the National Academy of Sciences under which the 

14 National Academy of Sciences shall carry out a study to 

15 identify the cause of any degradation of the Louisiana 

16 Coastal Area ecosystem that occurs as a result of an activ17 ity under this section. 

18 (j) REPORT.—Not later than July 1, 2006, the Sec19 retary, in conjunction with the Chief of Engineers, shall 

20 submit to Congress a report describing the features in21 cluded in table 3 of the report described in subsection (a). 

22 (k) PROJECT MODIFICATIONS.— 

23 (1) REVIEW.—The Secretary, in cooperation 

24 with any non-Federal interest, shall review each fed25 erally-authorized water resources project in the 
41 

•S 728 IS 

1 coastal Louisiana area in existence on the date of 

2 enactment of this Act to determine whether— 

3 (A) each project is in accordance with the 

4 program under subsection (a); and 

5 (B) the project could contribute to eco6 system restoration under subsection (a) through 

7 modification of the operations or features of the 

8 project. 

9 (2) PUBLIC NOTICE AND COMMENT.—Before 

10 modifying an operation or feature of a project under 

11 paragraph (1)(B), the Secretary shall provide an op12 portunity for public notice and comment. 

13 (3) REPORT.— 

14 (A) IN GENERAL.—Before modifying an 

15 operation or feature of a project under para16 graph (1)(B), the Secretary shall submit to the 

17 Committee on Environment and Public Works 

18 of the Senate and the Committee on Transpor19 tation and Infrastructure of the House of Rep20 resentatives a report describing the modifica21 tion. 

22 (B) INCLUSION.—A report under para23 graph (2)(B) shall include such information re24 lating to the timeline and cost of a modification 

25 as the Secretary determines to be relevant. 
42 

•S 728 IS 

1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $10,000,000. 

4 SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUC5 TION. 

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

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

9 the project under section 205 of the Flood Control Act 

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

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

12 Project for flood damage reduction, Cache River 

13 basin, Grubbs, Arkansas. 

14 SEC. 1005. SMALL PROJECTS FOR NAVIGATION. 

15 The Secretary shall conduct a study for each of the 

16 following projects and, if the Secretary determines that 

17 a project is feasible, may carry out the project under sec18 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

19 577): 

20 (1) LITTLE ROCK PORT, ARKANSAS.—Project 

21 for navigation, Little Rock Port, Arkansas River, 

22 Arkansas. 

23 (2) AU SABLE RIVER, MICHIGAN.—Project for 

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

25 Michigan. 
43 

•S 728 IS 

1 (3) OUTER CHANNEL AND INNER HARBOR, ME2 NOMINEE HARBOR, MICHIGAN AND WISCONSIN.— 

3 Project for navigation, Outer Channel and Inner 

4 Harbor, Menominee Harbor, Michigan and Wis5 consin. 

6 (4) MIDDLE BASS ISLAND STATE PARK, MIDDLE

7 BASS ISLAND, OHIO.—Project for navigation, Middle 

8 Bass Island State Park, Middle Bass Island, Ohio. 

9 (5) OUTER CHANNEL AND INNER HARBOR, ME10 NOMINEE, WISCONSIN.—Project for navigation, Me11 nominee Harbor, Michigan and Wisconsin. 

12 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

13 RESTORATION. 

14 The Secretary shall conduct a study for each of the 

15 following projects and, if the Secretary determines that 

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

17 section 206 of the Water Resources Development Act of 

18 1996 (33 U.S.C. 2330): 

19 (1) SAN DIEGO RIVER, CALIFORNIA.—Project 

20 for aquatic ecosystem restoration, San Diego River, 

21 California, including efforts to address invasive 

22 aquatic plant species. 

23 (2) SUISON MARSH, SAN PABLO BAY, CALI24 FORNIA.—Project for aquatic ecosystem restoration, 

25 San Pablo Bay, California. 
44 

•S 728 IS 

1 (3) BLACKSTONE RIVER, RHODE ISLAND.— 

2 Project for aquatic ecosystem restoration, Black3 stone River, Rhode Island. 

4 TITLE II—GENERAL PROVISIONS 

5 Subtitle A—Provisions 

6 SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS. 

7 Section 221 of the Flood Control Act of 1970 (42 

8 U.S.C. 1962d–5b) is amended— 

9 (1) by striking ‘‘SEC. 221 (a) After’’ and insert10 ing the following: 

11 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

12 WATER RESOURCES PROJECTS. 

13 ‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.— 

14 ‘‘(1) IN GENERAL.—After’’; and 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘In any’’ and inserting the 

17 following: 

18 ‘‘(2) FUTURE APROPRIATIONS.—In any’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(3) CREDIT FOR IN-KIND CONTRIBUTIONS.— 

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

22 paragraph (1) shall provide that the Secretary 

23 shall credit toward the non-Federal share of the 

24 cost of the project, including a project imple25 mented under general continuing authority, the 
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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; 
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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. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT 

12 AUTHORITY. 

13 Section 234 of the Water Resources Development Act 

14 of 1996 (33 U.S.C. 2323a) is amended— 

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

16 following: 

17 ‘‘(a) IN GENERAL.—The Secretary may engage in ac18 tivities (including contracting) in support of other Federal 

19 agencies, international organizations, or foreign govern20 ments to address problems of national significance to the 

21 United States.’’; 

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

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

24 (3) in subsection (d)— 
47 

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1 (A) by striking ‘‘$250,000 for fiscal year 

2 2001’’ and inserting ‘‘$1,000,000 for fiscal year 

3 2006’’; and 

4 (B) by striking ‘‘or international organiza5 tions’’ and inserting ‘‘, international organiza6 tions, or foreign governments’’. 

7 SEC. 2003. TRAINING FUNDS. 

8 (a) IN GENERAL.—The Secretary may include indi9 viduals from the private sector in training classes and 

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

11 which the Secretary determines that it is in the best inter12 est of the Federal Government to include those individuals 

13 as participants. 

14 (b) EXPENSES.— 

15 (1) IN GENERAL.—An individual from the pri16 vate sector attending a training class or course de17 scribed in subsection (a) shall pay the full cost of 

18 the training provided to the individual. 

19 (2) PAYMENTS.—Payments made by an indi20 vidual for training received under paragraph (1), up 

21 to the actual cost of the training— 

22 (A) may be retained by the Secretary; 

23 (B) shall be credited to an appropriation 

24 or account used for paying training costs; and 
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1 (C) shall be available for use by the Sec2 retary, without further appropriation, for train3 ing purposes. 

4 (3) EXCESS AMOUNTS.—Any payments received 

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

6 cost of training provided shall be credited as mis7 cellaneous receipts to the Treasury of the United 

8 States. 

9 SEC. 2004. RECREATIONAL AREAS AND PROJECT SITES. 

10 (a) CONSTRUCTION AND OPERATION OF PUBLIC

11 PARKS AND RECREATIONAL FACILITIES IN WATER RE12 SOURCE DEVELOPMENT PROJECTS; LEASE OF LANDS; 

13 PREFERENCE FOR USE; PENALTY; APPLICATION OF SEC14 TION 3401 OF TITLE 18, UNITED STATES CODE; CITA15 TIONS AND ARRESTS WITH AND WITHOUT PROCESS; LIM16 ITATIONS; DISPOSITION OF RECEIPTS.—Section 4 of the 

17 Act of December 22, 1944 (commonly known as the 

18 ‘‘Flood Control Act of 1944’’) (16 U.S.C. 460d) is amend19 ed— 

20 (1) in the second sentence— 

21 (A) by striking ‘‘Provided, That leases’’ 

22 and all that follows through ‘‘premises’’ and in23 serting the following: ‘‘Provided, That any new 

24 lease granted under this section to a nonprofit 

25 organization for park and recreational purposes, 
49 

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1 and any new lease or license granted to a Fed2 eral, State, or local governmental agency for 

3 any public purpose, shall include a provision re4 quiring that consideration for the grant of the 

5 lease or license shall be at least sufficient to 

6 pay the costs of administering the grant, as de7 termined by the Secretary of the Army’’; and 

8 (B) by striking ‘‘Provided further, That 

9 preference’’ and all that follows through ‘‘And 

10 provided’’ and inserting ‘‘Provided’’; and 

11 (2) by striking the last sentence and inserting 

12 the following: ‘‘Any funds received by the United 

13 States for a lease or privilege granted under this 

14 section shall be deposited and made available in ac15 cordance with section 210 of the Flood Control Act 

16 of 1968 (16 U.S.C. 460d–3).’’. 

17 (b) RECREATIONAL USER FEES.—Section 210 of the 

18 Flood Control Act of 1968 (16 U.S.C. 460d–3) is amend19 ed— 

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

21 following: 

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

23 carry out a recreation user fee program to recover from 

24 users of recreation areas and project sites under the juris25 diction of the Corps of Engineers the portion of costs asso-
50 

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1 ciated with operating and maintaining those recreation 

2 areas and project sites.’’; 

3 (2) in subsection (b)— 

4 (A) in the subsection heading, by inserting 

5 ‘‘ADMISSION AND USER’’ before ‘‘FEES’’; 

6 (B) by striking paragraphs (3) and (4); 

7 (C) by redesignating paragraph (2) as 

8 paragraph (3); 

9 (D) in paragraph (1), by striking ‘‘but ex10 cluding’’ and all that follows and inserting the 

11 following: ‘‘, including fees— 

12 ‘‘(A) for admission to the recreation area 

13 or project site of an individual or group; and 

14 ‘‘(B) for the use by an individual or group 

15 of an outdoor recreation area, a facility, a visi16 tors’ center, a piece of equipment, or a service 

17 at the recreation area or project site.’’; 

18 (E) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) AMOUNT.—The Secretary of the Army 

21 shall determine the amount of a fee established and 

22 collected under paragraph (1) based on the fair mar23 ket value, taking into consideration any comparable 

24 recreation fee for admission to, or use of, the recre25 ation area or project site.’’; 
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1 (F) in paragraph (3) (as redesignated by 

2 subparagraph (C))— 

3 (i) by striking ‘‘picnic tables’’; 

4 (ii) by striking ‘‘surface water areas’’; 

5 and 

6 (iii) by striking ‘‘or general visitor in7 formation’’ and inserting ‘‘general visitor 

8 information, or a project site or facility 

9 that includes only a boat launch ramp and 

10 a courtesy dock’’; and 

11 (G) by inserting after paragraph (3) (as 

12 redesignated by subparagraph (C)) the fol13 lowing: 

14 ‘‘(4) CONTRACTS AND SERVICES.—The Sec15 retary of the Army may— 

16 ‘‘(A) enter into a contract (including a 

17 contract that provides for a reasonable commis18 sion, as determined by the Secretary) with any 

19 public or private entity to provide a visitor serv20 ice for a recreation area or project site under 

21 this section, including the taking of reservations 

22 and the provision of information regarding the 

23 recreation area or project site; and 
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1 ‘‘(B) accept the services of a volunteer to 

2 collect a fee established and collected under 

3 paragraph (1). 

4 ‘‘(5) DEPOSIT INTO TREASURY ACCOUNT.— 

5 ‘‘(A) IN GENERAL.—Any fee collected 

6 under this subsection shall— 

7 ‘‘(i) be deposited into the Treasury 

8 account for the Corps of Engineers estab9 lished by section 4(i)(1)(A) of the Land 

10 and Water Conservation Fund Act of 1965 

11 (16 U.S.C. 460l–6a(i)(1)(A)); and 

12 ‘‘(ii) be made available until expended 

13 to the Secretary of the Army, without fur14 ther appropriation, for use for the pur15 poses described in section 4(i)(3) of that 

16 Act (16 U.S.C. 460l–6a(i)(3)). 

17 ‘‘(B) LIMITATION.—Not more than 80 per18 cent of a fee established and collected at a rec19 reational area or project site under this sub20 section shall be made available to pay the costs 

21 of a water resources development project under 

22 the jurisdiction of the Corps of Engineers lo23 cated at the recreational area or project site.’’; 

24 and 

25 (3) by adding at the end the following: 
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1 ‘‘(c) OTHER FEES.—Any fee established and col2 lected at a recreational area or project site under sub3 section (b) shall be considered to be established and col4 lected in lieu of a similar fee established and collected at 

5 the recreational area or project site under any other provi6 sion of law.’’. 

7 (c) ADMISSION AND USE FEES; ESTABLISHMENT

8 AND REGULATIONS.—Section 4(i)(3) of the Land and 

9 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

10 6a(i)(3)) is amended— 

11 (1) in the first sentence, by striking ‘‘For’’ and 

12 inserting the following: 

13 ‘‘(A) IN GENERAL.—For’’; 

14 (2) by striking the second sentence and insert15 ing the following: 

16 ‘‘(B) USE OF FUNDS.—To the maximum 

17 extent practicable, funds under this subsection 

18 shall be used for a purpose described in sub19 paragraph (A) that is directly related to the ac20 tivity through which the funds were generated, 

21 including water-based recreational activities and 

22 camping.’’; and 

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

24 ‘‘(C) DEPARTMENT OF ARMY SITES.—Any 

25 funds under this subsection may be used at a 
54 

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1 project site of the Department of the Army to 

2 pay the costs of— 

3 ‘‘(i) a repair or maintenance project 

4 (including a project relating to public 

5 health and safety); 

6 ‘‘(ii) an interpretation project; 

7 ‘‘(iii) signage; 

8 ‘‘(iv) habitat or facility enhancement; 

9 ‘‘(v) resource preservation; 

10 ‘‘(vi) annual operation (including col11 lection of fees and costs of administering 

12 grants under section 4 of the Act of De13 cember 22, 1944 (commonly known as the 

14 ‘‘Flood Control Act of 1944’’) (16 U.S.C. 

15 460d); 

16 ‘‘(vii) law enforcement relating to 

17 public use; and 

18 ‘‘(viii) planning.’’. 

19 (d) CONFORMING AMENDMENT.—Section 225 of the 

20 Water Resources Development Act of 1999 (16 U.S.C. 

21 460l–6a note; Public Law 106–53) is repealed. 

22 SEC. 2005. FISCAL TRANSPARENCY REPORT. 

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

24 of each year beginning January 2006, the Chief of Engi25 neers shall submit to the Committee of Environment and 
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1 Public Works of the Senate and the Transportation and 

2 Infrastructure Committee of the House of Representatives 

3 a report on the expenditures for the preceding fiscal year 

4 and estimated expenditures for the current fiscal year. 

5 (b) CONTENTS.—In addition to the information de6 scribed in subsection (a), the report shall contain a de7 tailed accounting of the following information: 

8 (1) With respect to general construction, infor9 mation on— 

10 (A) projects currently under construction, 

11 including— 

12 (i) allocations to date; 

13 (ii) the number of years remaining to 

14 complete construction; 

15 (iii) the estimated annual Federal cost 

16 to maintain that construction schedule; 

17 and 

18 (iv) a list of projects the Corps of En19 gineers expects to complete during the cur20 rent fiscal year; and 

21 (B) projects for which there is a signed 

22 cost-sharing agreement and completed planning, 

23 engineering, and design, including— 

24 (i) the number of years the project is 

25 expected to require for completion; and 
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1 (ii) estimated annual Federal cost to 

2 maintain that construction schedule. 

3 (2) With respect to operation and maintenance 

4 of the inland and intracoastal waterways under sec5 tion 206 of Public Law 95–502 (33 U.S.C. 1804)— 

6 (A) the estimated annual cost to maintain 

7 each waterway for the authorized reach and at 

8 the authorized depth; and 

9 (B) the estimated annual cost of operation 

10 and maintenance of locks and dams to ensure 

11 navigation without interruption. 

12 (3) With respect to general investigations and 

13 reconnaissance and feasibility studies— 

14 (A) the number of active studies; 

15 (B) the number of completed studies not 

16 yet authorized for construction; 

17 (C) the number of initiated studies; and 

18 (D) the number of studies expected to be 

19 completed during the fiscal year. 

20 (4) Funding received and estimates of funds to 

21 be received for interagency and international support 

22 activities under section 318(a) of the Water Re23 sources Development Act of 1990 (33 U.S.C. 

24 2323(a)). 

25 (5) Recreation fees and lease payments. 
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1 (6) Hydropower and water storage fees. 

2 (7) Deposits into the Inland Waterway Trust 

3 Fund and the Harbor Maintenance Trust Fund. 

4 (8) Other revenues and fees collected. 

5 (9) With respect to permit applications and no6 tifications, a list of individual permit applications 

7 and nationwide permit notifications, including— 

8 (A) the date on which each permit applica9 tion is filed; 

10 (B) the date on which each permit applica11 tion is determined to be complete; and 

12 (C) the date on which the Corps of Engi13 neers grants, withdraws, or denies each permit. 

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

15 of authorized projects for which no funds have been 

16 allocated for the 5 preceding fiscal years, including, 

17 for each project— 

18 (A) the authorization date; 

19 (B) the last allocation date; 

20 (C) the percentage of construction com21 pleted; 

22 (D) the estimated cost remaining until 

23 completion of the project; and 

24 (E) a brief explanation of the reasons for 

25 the delay. 
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1 SEC. 2006. PLANNING. 

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

3 Section 904 of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2281) is amended— 

5 (1) by striking ‘‘Enhancing’’ and inserting the 

6 following: 

7 ‘‘(a) IN GENERAL.—Enhancing’’; and 

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

9 ‘‘(b) ASSESSMENTS.—For all feasibility reports com10 pleted after December 31, 2005, the Secretary shall assess 

11 whether— 

12 ‘‘(1) the water resource project and each sepa13 rable element is cost-effective; and 

14 ‘‘(2) the water resource project complies with 

15 Federal, State, and local laws (including regulations) 

16 and public policies.’’. 

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

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

19 2282) is amended— 

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

21 subsection shall not apply’’ the following: ‘‘The Sec22 retary shall establish a plan and schedule to periodi23 cally update and revise the planning guidelines, reg24 ulations, and circulars of the Corps of Engineers to 

25 improve the analysis of water resource projects, in26 cluding the integration of new and existing analyt-
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1 ical techniques that properly reflect the probability 

2 of project benefits and costs, as the Secretary deter3 mines appropriate.’’; and 

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

5 following: 

6 ‘‘(c) COST-BENEFIT ANALYSIS.—Recommendation of 

7 a feasibility study shall be based on an analysis of the ben8 efits and costs, both quantified and unquantified, that— 

9 ‘‘(1) identifies areas of risk and uncertainty in 

10 the analysis; 

11 ‘‘(2) clearly describes the degree of reliability of 

12 the estimated benefits and costs of the effectiveness 

13 of alternative plans, including an assessment of the 

14 credibility of the physical project construction sched15 ule as the schedule affects the estimated benefits 

16 and costs; 

17 ‘‘(3) identifies national, regional, and local eco18 nomic costs and benefits; 

19 ‘‘(4) identifies environmental costs and benefits, 

20 including the costs and benefits of protecting or de21 grading natural systems; 

22 ‘‘(5) identifies social costs and benefits, includ23 ing a risk analysis regarding potential loss of life 

24 that may result from flooding and storm damage; 

25 and 
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1 ‘‘(6) identifies cultural and historical costs and 

2 benefits.’’. 

3 (c) PLANNING PROCESS IMPROVEMENTS.—The Chief 

4 of Engineers— 

5 (1) shall, not later than 2 years after the date 

6 on which the feasibility study cost sharing agree7 ment is signed for a project, subject to the avail8 ability of appropriations— 

9 (A) complete the feasibility study for the 

10 project; and 

11 (B) sign the report of the Chief of Engi12 neers for the project; 

13 (2) may, with the approval of the Secretary, ex14 tend the deadline established under paragraph (1) 

15 for not to exceed 4 years, for a complex or con16 troversial study; 

17 (3)(A) shall adopt a risk analysis approach to 

18 project cost estimates; and 

19 (B) not later than 1 year after the date of en20 actment of this Act, shall— 

21 (i) issue procedures for risk analysis for 

22 cost estimation; and 

23 (ii) submit to Congress a report that in24 cludes suggested amendments to section 902 of 
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1 the Water Resources Development Act of 1986 

2 (33 U.S.C. 2280); and 

3 (4) shall— 

4 (A) identify and review all critical methods, 

5 models, and procedures used in the planning 

6 process of the Corps of Engineers to formulate 

7 and evaluate water resource projects; 

8 (B) identify other existing or new methods, 

9 models, or procedures that may enhance the 

10 water resource planning process; 

11 (C) establish a systematic process for eval12 uating and validating the effectiveness and effi13 ciency of all methods, models, and procedures; 

14 (D) develop and maintain a set of ap15 proved methods, models, and procedures to be 

16 applied to the water resource planning process 

17 across the Corps of Engineers; 

18 (E) develop and maintain effective systems 

19 for technology transfer and support to provide 

20 state-of-the-art skills and knowledge to the 

21 workforce; and 

22 (F) identify the discrete elements of stud23 ies and establish benchmarks for the resources 

24 required to implement elements to improve the 
62 

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1 timeliness and effectiveness of the water re2 source planning process. 

3 (d) PROJECT PLANNING.— 

4 (1) OBJECTIVES.— 

5 (A) FLOOD AND HURRICANE AND STORM

6 DAMAGE REDUCTION AND NAVIGATION

7 PROJECTS.—The Federal objective of any study 

8 of the feasibility of a water resource project 

9 carried out by the Secretary for flood damage 

10 reduction, hurricane and storm damage reduc11 tion, or navigation shall be to maximize the net 

12 national economic development benefits associ13 ated with the project, consistent with protecting 

14 the environment of the United States. 

15 (B) ECOSYSTEM RESTORATION

16 PROJECTS.—The Federal objective of any study 

17 of the feasibility of a water resource project for 

18 ecosystem restoration carried out by the Sec19 retary shall be to maximize the net national 

20 ecosystem restoration benefits associated with 

21 the project, consistent with national economic 

22 development of the United States. 

23 (C) PROJECTS WITH MULTIPLE PUR24 POSES.—In the case of a study that includes 

25 multiple project purposes, the primary and 
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1 other project purposes shall be evaluated based 

2 on the relevant Federal objective identified 

3 under subparagraphs (A) and (B). 

4 (D) SELECTION OF PROJECT ALTER5 NATIVES.— 

6 (i) IN GENERAL.—Notwithstanding 

7 the Federal objectives identified in this 

8 paragraph, the Secretary may select a 

9 project alternative that does not maximize 

10 net benefits if there is an overriding reason 

11 for selection of the alternative that is 

12 based on other Federal, State, local, or 

13 international concerns. 

14 (ii) FLOOD AND HURRICANE AND

15 STORM DAMAGE REDUCTION AND NAVIGA16 TION PROJECTS.—With respect to a water 

17 resource project described in subparagraph 

18 (A), an overriding reason for selecting a 

19 project alternative other than the alter20 native that maximizes national economic 

21 development benefits may be, as deter22 mined by the Secretary, with the concur23 rence of the non-Federal interest, that the 

24 other project alternative is feasible and 

25 achieves the project purposes but provides 
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1 greater ecosystem restoration benefits or 

2 less adverse environmental impacts. 

3 (iii) ECOSYSTEM RESTORATION

4 PROJECTS.—With respect to a water re5 source project described in subparagraph 

6 (B), an overriding reason for selecting a 

7 project alternative other than the project 

8 alternative that maximizes national eco9 system restoration benefits may be, as de10 termined by the Secretary, with the con11 currence of the non-Federal interest, that 

12 the other project alternative is feasible and 

13 achieves the project purpose but provides 

14 greater economic development benefits or 

15 less adverse economic impacts. 

16 (2) IDENTIFYING ADDITIONAL BENEFITS AND

17 PROJECTS.— 

18 (A) PRIMARILY ECONOMIC BENEFITS.—In 

19 conducting a study of the feasibility of a project 

20 the primary benefits of which are expected to be 

21 economic, the Secretary may— 

22 (i) identify ecosystem restoration ben23 efits that may be achieved in the study 

24 area; and 
65 

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1 (ii) after obtaining the participation of 

2 a non-Federal interest, study and rec3 ommend construction of additional meas4 ures, a separate project, or separable ele5 ment, to achieve those benefits. 

6 (B) PRIMARILY ECOSYSTEM RESTORATION

7 BENEFITS.—In conducting a study of the feasi8 bility of a project the primary benefits of which 

9 are expected to be associated with ecosystem 

10 restoration, the Secretary may— 

11 (i) identify economic benefits that 

12 may be achieved in the study area; and 

13 (ii) after obtaining the participation of 

14 a non-Federal interest, study and rec15 ommend construction of additional meas16 ures, a separate project, or separable ele17 ment, to achieve those benefits. 

18 (C) RULES APPLICABLE TO IDENTIFIED

19 SEPARATE PROJECTS AND ELEMENTS.— 

20 (i) IN GENERAL.—Any additional 

21 measure, separable project, or element 

22 identified under subparagraph (A) or (B) 

23 and recommended for construction shall 

24 not be considered integral to the under25 lying project under study unless the Sec-
66 

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1 retary determines, and the non-Federal in2 terest agrees, that the measure, project, or 

3 element, is integral. 

4 (ii) PARTNERSHIP AGREEMENT.—If 

5 authorized, the measure, project, or ele6 ment shall be subject to a separate part7 nership agreement, unless the non-Federal 

8 interest agrees to share in the cost of the 

9 additional measure, project, or separable 

10 element. 

11 (3) CALCULATION OF BENEFITS AND COSTS

12 FOR FLOOD DAMAGE REDUCTION PROJECTS.—A fea13 sibility study for a project for flood damage reduc14 tion shall include, as part of the calculation of bene15 fits and costs— 

16 (A) a calculation of the residual risk of 

17 flooding following completion of the proposed 

18 project; 

19 (B) a calculation of any upstream or down20 stream impacts of the proposed project; and 

21 (C) calculations to ensure that the benefits 

22 and costs associated with structural and non23 structural alternatives are evaluated in an equi24 table manner. 
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1 (e) CENTERS OF SPECIALIZED PLANNING EXPER2 TISE.— 

3 (1) ESTABLISHMENT.—The Secretary may es4 tablish centers of expertise to provide specialized 

5 planning expertise for water resource projects to be 

6 carried out by the Secretary in order to enhance and 

7 supplement the capabilities of the districts of the 

8 Corps of Engineers. 

9 (2) DUTIES.—A center of expertise established 

10 under this subsection shall— 

11 (A) provide technical and managerial as12 sistance to district commanders of the Corps of 

13 Engineers for project planning, development, 

14 and implementation; 

15 (B) provide peer reviews of new major sci16 entific, engineering, or economic methods, mod17 els, or analyses that will be used to support de18 cisions of the Secretary with respect to feasi19 bility studies; 

20 (C) provide support for external peer re21 view panels convened by the Secretary; and 

22 (D) carry out such other duties as are pre23 scribed by the Secretary. 

24 (f) COMPLETION OF CORPS OF ENGINEERS RE25 PORTS.— 
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1 (1) ALTERNATIVES.— 

2 (A) IN GENERAL.—Feasibility and other 

3 studies and assessments of water resource prob4 lems and projects shall include recommenda5 tions for alternatives— 

6 (i) that, as determined by the non7 Federal interests for the projects, promote 

8 integrated water resources management; 

9 and 

10 (ii) for which the non-Federal inter11 ests are willing to provide the non-Federal 

12 share for the studies or assessments. 

13 (B) SCOPE AND PURPOSES.—The scope 

14 and purposes of studies and assessments de15 scribed in subparagraph (A) shall not be con16 strained by budgetary or other policy as a re17 sult of the inclusion of alternatives described in 

18 that subparagraph. 

19 (C) NO EFFECT ON AUTHORITY OF

20 CHIEF.—The Chief of Engineers— 

21 (i) shall not, in the completion of re22 ports of the Chief of Engineers to Con23 gress, be subject to direction as to the con24 tents, findings, or recommendation of the 

25 reports; and 
69 

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1 (ii) shall be solely responsible for— 

2 (I) those reports; and 

3 (II) any related recommenda4 tions, including evaluations and rec5 ommendations for changes in law or 

6 policy that may be appropriate to at7 tain the best technical solutions to 

8 water resource needs and problems. 

9 (2) REPORT COMPLETION.—The completion of 

10 a report of the Chief of Engineers for a project— 

11 (A) shall not be delayed while consider12 ation is being given to potential changes in pol13 icy or priority for project consideration; and 

14 (B) shall be submitted, upon completion, 

15 to— 

16 (i) the Committee on Environment 

17 and Public Works of the Senate; and 

18 (ii) the Committee on Transportation 

19 and Infrastructure of the House of Rep20 resentatives. 

21 (g) COMPLETION REVIEW.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), not later than 90 days after the date of 

24 completion of a report of the Chief of Engineers that 
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1 recommends to Congress a water resource project, 

2 the Secretary shall— 

3 (A) review the report; and 

4 (B) provide any recommendations of the 

5 Secretary regarding the water resource project 

6 to Congress. 

7 (2) PRIOR REPORTS.—Not later than 90 days 

8 after the date of enactment of this Act, with respect 

9 to any report of the Chief of Engineers recom10 mending a water resource project that is complete 

11 prior to the date of enactment of this Act, the Sec12 retary shall complete review of, and provide rec13 ommendations to Congress for, the report in accord14 ance with paragraph (1). 

15 SEC. 2007. INDEPENDENT REVIEWS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE ORGANIZATION.—The term ‘‘eligi18 ble organization’’ means an organization that— 

19 (A) is described in section 501(c)(3), and 

20 exempt from Federal tax under section 501(a), 

21 of the Internal Revenue Code of 1986; 

22 (B) is independent; 

23 (C) is free from conflicts of interest; 

24 (D) does not carry out or advocate for or 

25 against Federal water resources projects; and 
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1 (E) has experience in establishing and ad2 ministering peer review panels. 

3 (2) PROJECT STUDY.— 

4 (A) IN GENERAL.—The term ‘‘project 

5 study’’ means a feasibility study or reevaluation 

6 study for a project. 

7 (B) INCLUSIONS.—The term ‘‘project 

8 study’’ includes any other study associated with 

9 a modification or update of a project that in10 cludes an environmental impact statement or an 

11 environmental assessment. 

12 (b) PEER REVIEWS.— 

13 (1) POLICY.— 

14 (A) IN GENERAL.—Major engineering, sci15 entific, and technical work products related to 

16 Corps of Engineers decisions and recommenda17 tions to Congress should be peer reviewed. 

18 (B) APPLICATION.—This policy— 

19 (i) applies to peer review of the sci20 entific, engineering, or technical basis of 

21 the decision or recommendation; and 

22 (ii) does not apply to the decision or 

23 recommendation itself. 

24 (2) GUIDELINES.— 
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1 (A) IN GENERAL.—Not later than the date 

2 that is 1 year after the date of enactment of 

3 this Act, the Chief of Engineers shall publish 

4 and implement guidelines to Corps of Engineers 

5 Division and District Engineers for the use of 

6 peer review (including external peer review) of 

7 major scientific, engineering, and technical 

8 work products that support the recommenda9 tions of the Chief to Congress for implementa10 tion of water resources projects. 

11 (B) INFORMATION QUALITY ACT.—The 

12 guidelines shall be consistent with the Informa13 tion Quality Act (section 515 of Public Law 

14 106–554), as implemented in Office of Manage15 ment and Budget, Revised Information Quality 

16 Bulletin for Peer Review, dated December 15, 

17 2004. 

18 (C) REQUIREMENTS.—The guidelines shall 

19 adhere to the following requirements: 

20 (i) APPLICATION OF PEER REVIEW.— 

21 Peer review shall— 

22 (I) be applied only to the engi23 neering, scientific, and technical basis 

24 for recommendations; and 

25 (II) shall not be applied to— 
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1 (aa) a specific recommenda2 tion; or 

3 (bb) the application of policy 

4 to recommendations. 

5 (ii) ANALYSES AND EVALUATIONS IN

6 MULTIPLE PROJECT STUDIES.—Guidelines 

7 shall provide for conducting and docu8 menting peer review of major scientific, 

9 technical, or engineering methods, models, 

10 procedures, or data that are used for con11 ducting analyses and evaluations in mul12 tiple project studies. 

13 (iii) INCLUSIONS.—Peer review ap14 plied to project studies may include a re15 view of— 

16 (I) the economic and environ17 mental assumptions and projections; 

18 (II) project evaluation data; 

19 (III) economic or environmental 

20 analyses; 

21 (IV) engineering analyses; 

22 (V) methods for integrating risk 

23 and uncertainty; 
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•S 728 IS 

1 (VI) models used in evaluation of 

2 economic or environmental impacts of 

3 proposed projects; and 

4 (VII) any related biological opin5 ions. 

6 (iv) EXCLUSION.—Peer review applied 

7 to project studies shall exclude a review of 

8 any methods, models, procedures, or data 

9 previously subjected to peer review. 

10 (v) TIMING OF REVIEW.—Peer review 

11 related to the engineering, scientific, or 

12 technical basis of any project study shall 

13 be completed prior to the completion of 

14 any Chief of Engineers report for a specific 

15 water resources project. 

16 (vi) DELAYS; INCREASED COSTS.— 

17 Peer reviews shall be conducted in a man18 ner that does not— 

19 (I) cause a delay in study com20 pletion; or 

21 (II) increase costs. 

22 (vii) RECORD OF RECOMMENDA23 TIONS.— 

24 (I) IN GENERAL.—After receiving 

25 a report from any peer review panel, 
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•S 728 IS 

1 the Chief of Engineers shall prepare a 

2 record that documents— 

3 (aa) any recommendations 

4 contained in the report; and 

5 (bb) any written response 

6 for any recommendation adopted 

7 or not adopted and included in 

8 the study documentation. 

9 (II) EXTERNAL REVIEW

10 RECORD.—If the panel is an external 

11 peer review panel of a project study, 

12 the record of the review shall be in13 cluded with the report of the Chief of 

14 Engineers to Congress. 

15 (viii) EXTERNAL PANEL OF EX16 PERTS.— 

17 (I) IN GENERAL.—Any external 

18 panel of experts assembled to review 

19 the engineering, science, or technical 

20 basis for the recommendations of a 

21 specific project study shall— 

22 (aa) complete the peer re23 view of the project study and 

24 submit to the Chief of Engineers 

25 a report not later than 180 days 
76 

•S 728 IS 

1 after the date of establishment of 

2 the panel, or (if the Chief of En3 gineers determines that a longer 

4 period of time is necessary) at 

5 the time established by the Chief, 

6 but in no event later than 90 

7 days after the date a draft 

8 project study of the District En9 gineer is made available for pub10 lic review; and 

11 (bb) terminate on the date 

12 of submission of the report by 

13 the panel. 

14 (II) FAILURE TO COMPLETE REVIEW AND

15 REPORT.—If an external panel does not com16 plete the peer review of a project study and 

17 submit to the Chief of Engineers a report by 

18 the deadline established by subclause (I), the 

19 Chief of Engineers shall continue the project 

20 without delay. 

21 (3) COSTS.— 

22 (A) IN GENERAL.—The costs of a panel of 

23 experts established for a peer review under this 

24 section— 

25 (i) shall be a Federal expense; and 
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1 (ii) shall not exceed $500,000 for re2 view of the engineering, scientific, or tech3 nical basis for any single water resources 

4 project study. 

5 (B) WAIVER.—The Chief of Engineers 

6 may waive the $500,000 limitation under sub7 paragraph (A) if the Chief of Engineers deter8 mines appropriate. 

9 (4) REPORT.—Not later than 5 years after the 

10 date of enactment of this Act, the Chief of Engi11 neers shall submit to Congress a report describing 

12 the implementation of this section. 

13 (5) NONAPPLICABILITY OF FEDERAL ADVISORY

14 COMMITTEE ACT.—The Federal Advisory Committee 

15 Act (5 U.S.C. App.) does not apply to any peer re16 view panel established by the Chief of Engineers. 

17 (6) PANEL OF EXPERTS.—The Chief of Engi18 neers may contract with the National Academy of 

19 Sciences (or a similar independent scientific and 

20 technical advisory organization), or an eligible orga21 nization, to establish a panel of experts to peer re22 view for technical and scientific sufficiency. 

23 (7) SAVINGS CLAUSE.—Nothing in this section 

24 shall be construed to affect any authority of the 

25 Chief of Engineers to cause or conduct a peer review 
78 

•S 728 IS 

1 of the engineering, scientific, or technical basis of 

2 any water resources project in existence on the date 

3 of enactment of this Act. 

4 SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES. 

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

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

7 2283(a)) is amended by adding at the following: 

8 ‘‘(3) COMPLETION OF MITIGATION.—In any 

9 case in which it is not technically practicable to com10 plete mitigation by the last day of construction of 

11 the project or separable element of the project be12 cause of the nature of the mitigation to be under13 taken, the Secretary shall complete the required 

14 mitigation as expeditiously as practicable, but in no 

15 case later than the last day of the first fiscal year 

16 beginning after the last day of construction of the 

17 project or separable element of the project.’’. 

18 (b) USE OF CONSOLIDATED MITIGATION.—Section 

19 906(b) of the Water Resources Development Act of 1986 

20 (33 U.S.C. 2283(b)) is amended by adding at the end the 

21 following: 

22 ‘‘(3) USE OF CONSOLIDATED MITIGATION.— 

23 ‘‘(A) IN GENERAL.—If the Secretary deter24 mines that other forms of compensatory mitiga25 tion are not practicable or are less environ-
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•S 728 IS 

1 mentally desirable, the Secretary may purchase 

2 available credits from a mitigation bank or con3 servation bank that is approved in accordance 

4 with the Federal Guidance for the Establish5 ment, Use and Operation of Mitigations Banks 

6 (60 Fed. Reg. 58605) or other applicable Fed7 eral laws (including regulations). 

8 ‘‘(B) SERVICE AREA.—To the maximum 

9 extent practicable, the service area of the miti10 gation bank or conservation bank shall be in 

11 the same watershed as the affected habitat. 

12 ‘‘(C) RESPONSIBILITY RELIEVED.—Pur13 chase of credits from a mitigation bank or con14 servation bank for a water resources project re15 lieves the Secretary and the non-Federal inter16 est from responsibility for monitoring or dem17 onstrating mitigation success.’’. 

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

19 of the Water Resources Development Act of 1986 (33 

20 U.S.C. 2283(d)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(3) CONTENTS.—A mitigation plan shall in23 clude— 

24 ‘‘(A)(i) a description of the physical action 

25 to be undertaken to achieve the mitigation ob-
80 

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1 jectives in the watershed in which the losses 

2 occur; and 

3 ‘‘(ii) in any case in which mitigation must 

4 take place outside the watershed, a justification 

5 detailing the rationale for undertaking the miti6 gation outside of the watershed; 

7 ‘‘(B) a description of the quantity of types 

8 of land or interests in land that should be ac9 quired for mitigation and the basis for a deter10 mination that the land are available for acquisi11 tion; 

12 ‘‘(C) the type, quantity, and characteristics 

13 of the habitat being restored; and 

14 ‘‘(D) a plan for any necessary monitoring 

15 to determine the success of the mitigation, in16 cluding the cost and duration of any monitoring 

17 and, to the extent practicable, the entities re18 sponsible for the monitoring. 

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

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

21 a mitigation plan for a water resources project the 

22 entity responsible for monitoring at the time of a 

23 final report of the Chief of Engineers or other final 

24 decision document for the project, the entity shall be 
81 

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1 identified in the partnership agreement entered into 

2 with the non-Federal interest.’’. 

3 (c) STATUS REPORT.— 

4 (1) IN GENERAL.—Concurrent with the submis5 sion of the President to Congress of the request of 

6 the President for appropriations for the Civil Works 

7 Program for a fiscal year, the Secretary shall submit 

8 to the Committee on the Environment and Public 

9 Works of the Senate and the Committee on Trans10 portation and Infrastructure of the House of Rep11 resentatives a report describing the status of con12 struction of projects that require mitigation under 

13 section 906 of Water Resources Development Act 

14 1986 (33 U.S.C. 2283) and the status of that miti15 gation. 

16 (2) PROJECTS INCLUDED.—The status report 

17 shall include the status of— 

18 (A) all projects that are under construction 

19 as of the date of the report; 

20 (B) all projects for which the President re21 quests funding for the next fiscal year; and 

22 (C) all projects that have completed con23 struction, but have not completed the mitigation 

24 required under section 906 of the Water Re-
82 

•S 728 IS 

1 sources Development Act of 1986 (33 U.S.C. 

2 2283). 

3 SEC. 2009. STATE TECHNICAL ASSISTANCE. 

4 Section 22 of the Water Resources Development Act 

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

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

7 and inserting the following: 

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

9 ‘‘(a) FEDERAL STATE COOPERATION.— 

10 ‘‘(1) COMPREHENSIVE PLANS.—The Sec11 retary’’; 

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

13 following: 

14 ‘‘(2) TECHNICAL ASSISTANCE.— 

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

16 governmental agency or non-Federal interest, 

17 the Secretary may provide, at Federal expense, 

18 technical assistance to the agency or non-Fed19 eral interest in managing water resources. 

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

21 assistance under this paragraph may include 

22 provision and integration of hydrologic, eco23 nomic, and environmental data and analyses.’’; 
83 

•S 728 IS 

1 (3) in subsection (b)(1), by striking ‘‘this sec2 tion’’ each place it appears and inserting ‘‘subsection 

3 (a)(1)’’; 

(4) in subsection (b)(2), by striking ‘‘up to 1 4 ⁄2

5 of the’’ and inserting ‘‘the’’; 

6 (5) in subsection (c)— 

7 (A) by striking ‘‘(c) There is’’ and insert8 ing the following: 

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

11 There is’’; 

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

13 subparagraph (A)), by striking ‘‘the provisions 

14 of this section except that not more than 

15 $500,000 shall be expended in any one year in 

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

17 (a)(1).’’; and 

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

19 ‘‘(2) TECHNICAL ASSISTANCE.—There is au20 thorized to be appropriated to carry out subsection 

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

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

23 used by the Secretary to enter into cooperative 

24 agreements with nonprofit organizations and State 
84 

•S 728 IS 

1 agencies to provide assistance to rural and small 

2 communities.’’; and 

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

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

5 based on performance criteria developed by the Secretary, 

6 the Secretary shall list in the annual civil works budget 

7 submitted to Congress the individual activities proposed 

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

9 SEC. 2010. ACCESS TO WATER RESOURCE DATA. 

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

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

12 public access to water resource and related water quality 

13 data in the custody of the Corps of Engineers. 

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

15 shall— 

16 (1) include, at a minimum, access to data gen17 erated in water resource project development and 

18 regulation under section 404 of the Federal Water 

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

20 (2) appropriately employ geographic informa21 tion system technology and linkages to water re22 source models and analytical techniques. 

23 (c) PARTNERSHIPS.—To the maximum extent prac24 ticable, in carrying out activities under this section, the 

25 Secretary shall develop partnerships, including cooperative 
85 

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1 agreements with State, tribal, and local governments and 

2 other Federal agencies. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

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

6 SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

7 BY NON-FEDERAL INTERESTS. 

8 (a) IN GENERAL.—Section 211(e)(6) of the Water 

9 Resources Development Act of 1996 (33 U.S.C. 701b– 

10 13(e)(6)) is amended by adding at the end following: 

11 ‘‘(E) BUDGET PRIORITY.— 

12 ‘‘(i) IN GENERAL.—Budget priority 

13 for projects under this section shall be pro14 portionate to the percentage of project 

15 completion. 

16 ‘‘(ii) COMPLETED PROJECT.—A com17 pleted project shall have the same priority 

18 as a project with a contractor on site.’’. 

19 (b) CONSTRUCTION OF FLOOD CONTROL PROJECTS

20 BY NON-FEDERAL INTERESTS.—Section 211(f) of the 

21 Water Resources Development Act of 1996 (33 U.S.C. 

22 701b–13) is amended by adding at the end the following: 

23 ‘‘(9) THORNTON RESERVOIR, COOK COUNTY, IL24 LINOIS.—An element of the project for flood control, 

25 Chicagoland Underflow Plan, Illinois. 
86 

•S 728 IS 

1 ‘‘(10) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

2 FIELD), ST. PAUL, MINNESOTA.—The project for 

3 flood damage reduction, St. Paul Downtown Holman 

4 Field), St. Paul, Minnesota. 

5 ‘‘(11) BUFFALO BAYOU, TEXAS.—The project 

6 for flood control, Buffalo Bayou, Texas, authorized 

7 by the first section of the Act of June 20, 1938 (52 

8 Stat. 804, chapter 535) (commonly known as the 

9 ‘‘River and Harbor Act of 1938’’) and modified by 

10 section 3a of the Act of August 11, 1939 (53 Stat. 

11 1414, chapter 699) (commonly known as the ‘‘Flood 

12 Control Act of 1939’’), except that, subject to the 

13 approval of the Secretary as provided by this section, 

14 the non-Federal interest may design and construct 

15 an alternative to such project. 

16 ‘‘(12) HALLS BAYOU, TEXAS.—The Halls 

17 Bayou element of the project for flood control, Buf18 falo Bayou and tributaries, Texas, authorized by sec19 tion 101(a)(21) of the Water Resources Develop20 ment Act of 1990 (33 U.S.C. 2201 note), except 

21 that, subject to the approval of the Secretary as pro22 vided by this section, the non-Federal interest may 

23 design and construct an alternative to such 

24 project.’’. 
87 

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1 SEC. 2012. REGIONAL SEDIMENT MANAGEMENT. 

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

4 amended to read as follows: 

5 ‘‘(a) IN GENERAL.—In connection with sediment ob6 tained through the construction, operation, or mainte7 nance of an authorized Federal water resources project, 

8 the Secretary, acting through the Chief of Engineers, shall 

9 develop Regional Sediment Management plans and carry 

10 out projects at locations identified in the plan prepared 

11 under subsection (e), or identified jointly by the non-Fed12 eral interest and the Secretary, for use in the construction, 

13 repair, modification, or rehabilitation of projects associ14 ated with Federal water resources projects, for— 

15 ‘‘(1) the protection of property; 

16 ‘‘(2) the protection, restoration, and creation of 

17 aquatic and ecologically related habitats, including 

18 wetlands; and 

19 ‘‘(3) the transport and placement of suitable 

20 sediment 

21 ‘‘(b) SECRETARIAL FINDINGS.—Subject to sub22 section (c), projects carried out under subsection (a) may 

23 be carried out in any case in which the Secretary finds 

24 that— 
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1 ‘‘(1) the environmental, economic, and social 

2 benefits of the project, both monetary and nonmone3 tary, justify the cost of the project; and 

4 ‘‘(2) the project would not result in environ5 mental degradation. 

6 ‘‘(c) DETERMINATION OF PLANNING AND PROJECT

7 COSTS.— 

8 ‘‘(1) IN GENERAL.—In consultation and co9 operation with the appropriate Federal, State, re10 gional, and local agencies, the Secretary, acting 

11 through the Chief of Engineers, shall develop at 

12 Federal expense plans and projects for regional 

13 management of sediment obtained in conjunction 

14 with construction, operation, and maintenance of 

15 Federal water resources projects. 

16 ‘‘(2) COSTS OF CONSTRUCTION.— 

17 ‘‘(A) Costs associated with construction of 

18 a project under this section or identified in a 

19 Regional Sediment Management plan shall be 

20 limited solely to construction costs that are in 

21 excess of those costs necessary to carry out the 

22 dredging for construction, operation, or mainte23 nance of an authorized Federal water resources 

24 project in the most cost-effective way, con-
89 

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1 sistent with economic, engineering, and environ2 mental criteria. 

3 ‘‘(B) The determination of any non-Fed4 eral share of the construction cost shall be 

5 based on the cost sharing as specified in sub6 sections (a) through (d) of section 103 of the 

7 Water Resources Development Act of 1986 (33 

8 U.S.C. 2213), for the type of Federal water re9 source project using the dredged resource. 

10 ‘‘(3) TOTAL COST.—Total Federal costs associ11 ated with construction of a project under this section 

12 shall not exceed $5,000,000 without Congressional 

13 approval. 

14 ‘‘(4) OPERATION, MAINTENANCE, REPLACE15 MENT, AND REHABILITATION COSTS.—Operation, 

16 maintenance, replacement, and rehabilitation costs 

17 associated with a project are a non-Federal sponsor 

18 responsibility. 

19 ‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD

20 FOR ENVIRONMENTAL PURPOSES.— 

21 ‘‘(1) IN GENERAL.—In developing and carrying 

22 out a Federal water resources project involving the 

23 disposal of material, the Secretary may select, with 

24 the consent of the non-Federal interest, a disposal 

25 method that is not the least-cost option if the Sec-
90 

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1 retary determines that the incremental costs of the 

2 disposal method are reasonable in relation to the en3 vironmental benefits, including the benefits to the 

4 aquatic environment to be derived from the creation 

5 of wetlands and control of shoreline erosion. 

6 ‘‘(2) FEDERAL SHARE.—The Federal share of 

7 such incremental costs shall be determined in ac8 cordance with subsection (c). 

9 ‘‘(e) STATE AND REGIONAL PLANS.—The Secretary, 

10 acting through the Chief of Engineers, may— 

11 ‘‘(1) cooperate with any State in the prepara12 tion of a comprehensive State or regional coastal 

13 sediment management plan within the boundaries of 

14 the State; 

15 ‘‘(2) encourage State participation in the imple16 mentation of the plan; and 

17 ‘‘(3) submit to Congress reports and rec18 ommendations with respect to appropriate Federal 

19 participation in carrying out the plan. 

20 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 

21 the Secretary shall give priority to regional sediment man22 agement projects in the vicinity of— 

23 ‘‘(1) Fire Island Inlet, Suffolk County, New 

24 York; 

25 ‘‘(2) Fletcher Cove, California; 
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1 ‘‘(3) Delaware River Estuary, New Jersey and 

2 Pennsylvania; and 

3 ‘‘(4) Toledo Harbor, Lucas County, Ohio. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $30,000,000 during each fiscal year, to remain available 

7 until expended, for the Federal costs identified under sub8 section (c), of which up to $5,000,000 shall be used for 

9 the development of regional sediment management plans 

10 as provided in subsection (e). 

11 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec12 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

13 1962d–5b), for any project carried out under this section, 

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

15 the consent of the affected local government.’’. 

16 (b) REPEAL.— 

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

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

19 426j) is repealed. 

20 (2) EXISTING PROJECTS.—The Secretary, act21 ing through the Chief of Engineers, may complete 

22 any project being carried out under section 145 on 

23 the day before the date of enactment of this Act. 
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1 SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE2 VELOPMENT PROGRAM. 

3 (a) IN GENERAL.—Section 3 of the Act entitled ‘‘An 

4 Act authorizing Federal participation in the cost of pro5 tecting the shores of publicly owned property’’, approved 

6 August 13, 1946 (33 U.S.C. 426g), is amended to read 

7 as follows: 

8 ‘‘SEC. 3. AUTHORIZATION OF SMALL PROJECTS. 

9 ‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH

10 RESTORATION AND PROTECTION PROJECTS.— 

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

12 out construction of small shore and beach restora13 tion and protection projects not specifically author14 ized by Congress that otherwise comply with the 

15 first section of this Act if the Secretary determines 

16 that such construction is advisable. 

17 ‘‘(2) LOCAL COOPERATION.—The local coopera18 tion requirement under the first section of this Act 

19 shall apply to a project under this section. 

20 ‘‘(3) COMPLETENESS.—A project under this 

21 section— 

22 ‘‘(A) shall be complete; and 

23 ‘‘(B) shall not commit the United States to 

24 any additional improvement to ensure the suc25 cessful operation of the project, except for par-
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1 ticipation in periodic beach nourishment in ac2 cordance with— 

3 ‘‘(i) the first section of this Act; and 

4 ‘‘(ii) the procedure for projects au5 thorized after submission of a survey re6 port. 

7 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE8 VELOPMENT AND DEMONSTRATION PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary, acting 

10 through the Chief of Engineers, shall conduct a na11 tional shoreline erosion control development and 

12 demonstration program (referred to in this section 

13 as the ‘program’). 

14 ‘‘(2) REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—The program shall in16 clude provisions for— 

17 ‘‘(i) projects consisting of planning, 

18 design, construction, and adequate moni19 toring of prototype engineered and native 

20 and naturalized vegetative shoreline ero21 sion control devices and methods; 

22 ‘‘(ii) detailed engineering and environ23 mental reports on the results of each 

24 project carried out under the program; and 
94 

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1 ‘‘(iii) technology transfers, as appro2 priate, to private property owners, State 

3 and local entities, nonprofit educational in4 stitutions, and nongovernmental organiza5 tions. 

6 ‘‘(B) DETERMINATION OF FEASIBILITY.— 

7 A project under this section shall not be carried 

8 out until the Secretary, acting through the 

9 Chief of Engineers, determines that the project 

10 is feasible. 

11 ‘‘(C) EMPHASIS.—A project carried out 

12 under the program shall emphasize, to the max13 imum extent practicable— 

14 ‘‘(i) the development and demonstra15 tion of innovative technologies; 

16 ‘‘(ii) efficient designs to prevent ero17 sion at a shoreline site, taking into account 

18 the lifecycle cost of the design, including 

19 cleanup, maintenance, and amortization; 

20 ‘‘(iii) new and enhanced shore protec21 tion project design and project formulation 

22 tools the purposes of which are to improve 

23 the physical performance, and lower the 

24 lifecycle costs, of the projects; 
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1 ‘‘(iv) natural designs, including the 

2 use of native and naturalized vegetation or 

3 temporary structures that minimize perma4 nent structural alterations to the shoreline; 

5 ‘‘(v) the avoidance of negative impacts 

6 to adjacent shorefront communities; 

7 ‘‘(vi) the potential for long-term pro8 tection afforded by the technology; and 

9 ‘‘(vii) recommendations developed 

10 from evaluations of the program estab11 lished under the Shoreline Erosion Control 

12 Demonstration Act of 1974 (42 U.S.C. 

13 1962–5 note; 88 Stat. 26), including— 

14 ‘‘(I) adequate consideration of 

15 the subgrade; 

16 ‘‘(II) proper filtration; 

17 ‘‘(III) durable components; 

18 ‘‘(IV) adequate connection be19 tween units; and 

20 ‘‘(V) consideration of additional 

21 relevant information. 

22 ‘‘(D) SITES.— 

23 ‘‘(i) IN GENERAL.—Each project 

24 under the program shall be carried out 

25 at— 
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1 ‘‘(I) a privately owned site with 

2 substantial public access; or 

3 ‘‘(II) a publicly owned site on 

4 open coast or in tidal waters. 

5 ‘‘(ii) SELECTION.—The Secretary, 

6 acting through the Chief of Engineers, 

7 shall develop criteria for the selection of 

8 sites for projects under the program, in9 cluding criteria based on— 

10 ‘‘(I) a variety of geographic and 

11 climatic conditions; 

12 ‘‘(II) the size of the population 

13 that is dependent on the beaches for 

14 recreation or the protection of private 

15 property or public infrastructure; 

16 ‘‘(III) the rate of erosion; 

17 ‘‘(IV) significant natural re18 sources or habitats and environ19 mentally sensitive areas; and 

20 ‘‘(V) significant threatened his21 toric structures or landmarks. 

22 ‘‘(3) CONSULTATION.—The Secretary, acting 

23 through the Chief of Engineers, shall carry out the 

24 program in consultation with— 
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1 ‘‘(A) the Secretary of Agriculture, particu2 larly with respect to native and naturalized veg3 etative means of preventing and controlling 

4 shoreline erosion; 

5 ‘‘(B) Federal, State, and local agencies; 

6 ‘‘(C) private organizations; 

7 ‘‘(D) the Coastal Engineering Research 

8 Center established by the first section of Public 

9 Law 88–172 (33 U.S.C. 426–1); and 

10 ‘‘(E) university research facilities. 

11 ‘‘(4) COMPLETION OF DEMONSTRATION.—After 

12 carrying out the initial construction and evaluation 

13 of the performance and lifecycle cost of a demonstra14 tion project under this section, the Secretary, acting 

15 through the Chief of Engineers, may— 

16 ‘‘(A) at the request of a non-Federal inter17 est of the project, amend the agreement for a 

18 federally-authorized shore protection project in 

19 existence on the date on which initial construc20 tion of the demonstration project is complete to 

21 incorporate the demonstration project as a fea22 ture of the shore protection project, with the fu23 ture cost of the demonstration project to be de24 termined by the cost-sharing ratio of the shore 

25 protection project; or 
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1 ‘‘(B) transfer all interest in and responsi2 bility for the completed demonstration project 

3 to the non-Federal or other Federal agency in4 terest of the project. 

5 ‘‘(5) AGREEMENTS.—The Secretary, acting 

6 through the Chief of Engineers, may enter into an 

7 agreement with the non-Federal or other Federal 

8 agency interest of a project under this section— 

9 ‘‘(A) to share the costs of construction, op10 eration, maintenance, and monitoring of a 

11 project under the program; 

12 ‘‘(B) to share the costs of removing a 

13 project or project element constructed under 

14 the program, if the Secretary determines that 

15 the project or project element is detrimental to 

16 private property, public infrastructure, or public 

17 safety; or 

18 ‘‘(C) to specify ownership of a completed 

19 project that the Chief of Engineers determines 

20 will not be part of a Corps of Engineers project. 

21 ‘‘(6) REPORT.—Not later than December 31 of 

22 each year beginning after the date of enactment of 

23 this paragraph, the Secretary shall prepare and sub24 mit to the Committee on Environment and Public 

25 works of the Senate and the Committee on Trans-
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1 portation and Infrastructure of the House of Rep2 resentatives a report describing— 

3 ‘‘(A) the activities carried out and accom4 plishments made under the program during the 

5 preceding year; and 

6 ‘‘(B) any recommendations of the Sec7 retary relating to the program. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 the Secretary may expend, from any appropriations 

11 made available to the Secretary for the purpose of 

12 carrying out civil works, not more than $30,000,000 

13 during any fiscal year to pay the Federal share of 

14 the costs of construction of small shore and beach 

15 restoration and protection projects or small projects 

16 under the program. 

17 ‘‘(2) LIMITATION.—The total amount expended 

18 for a project under this section shall— 

19 ‘‘(A) be sufficient to pay the cost of Fed20 eral participation in the project (including peri21 odic nourishment as provided for under the first 

22 section of this Act), as determined by the Sec23 retary; and 

24 ‘‘(B) be not more than $3,000,000.’’. 
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1 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au2 thorizing Federal participation in the cost of protecting 

3 the shores of publicly owned property’’, approved August 

4 13, 1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is re5 pealed. 

6 SEC. 2014. SHORE PROTECTION PROJECTS. 

7 (a) IN GENERAL.—In accordance with the Act of 

8 July 3, 1930 (33 U.S.C. 426) and notwithstanding admin9 istrative actions, it is the policy of the United States to 

10 promote shore protection projects and related research 

11 that encourage the protection, restoration, and enhance12 ment of sandy beaches, including beach restoration and 

13 periodic beach renourishment for a period of 50 years, on 

14 a comprehensive and coordinated basis by the Federal 

15 Government, States, localities, and private enterprises. 

16 (b) PREFERENCE.—In carrying out the policy, pref17 erence shall be given to— 

18 (1) areas in which there has been a Federal in19 vestment of funds; and 

20 (2) areas with respect to which the need for 

21 prevention or mitigation of damage to shores and 

22 beaches is attributable to Federal navigation 

23 projects or other Federal activities. 

24 (c) APPLICABILITY.—The Secretary shall apply the 

25 policy to each shore protection and beach renourishment 
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1 project (including shore protection and beach renourish2 ment projects in existence on the date of enactment of this 

3 Act). 

4 SEC. 2015. COST SHARING FOR MONITORING. 

5 (a) IN GENERAL.—Costs incurred for monitoring for 

6 an ecosystem restoration project shall be cost-shared— 

7 (1) in accordance with the formula relating to 

8 the applicable original construction project; and 

9 (2) for a maximum period of 10 years. 

10 (b) AGGREGATE LIMITATION.—Monitoring costs for 

11 an ecosystem restoration project— 

12 (1) shall not exceed in the aggregate, for a 10- 

13 year period, an amount equal to 5 percent of the 

14 cost of the applicable original construction project; 

15 and 

16 (2) after the 10-year period, shall be 100 per17 cent non-Federal. 

18 SEC. 2016. ECOSYSTEM RESTORATION BENEFITS. 

19 For each of the following projects, the Corps of Engi20 neers shall include ecosystem restoration benefits in the 

21 calculation of benefits for the project: 

22 (1) Grayson’s Creek, California. 

23 (2) Seven Oaks, California. 

24 (3) Oxford, California. 

25 (4) Walnut Creek, California. 
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1 (5) Wildcat Phase II, California. 

2 SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND 

3 PROCESSING OF PERMITS. 

4 Section 214(a) of the Water Resources Development 

5 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is 

6 amended by striking ‘‘In fiscal years 2001 through 2003, 

7 the’’ and inserting ‘‘The’’. 

8 SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA9 TIONS. 

10 (a) IN GENERAL.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary shall imple12 ment a program to allow electronic submission of permit 

13 applications for permits under the jurisdiction of the 

14 Corps of Engineers. 

15 (b) LIMITATIONS.—This section does not preclude 

16 the submission of a hard copy, as required. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $3,000,000. 

20 SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT 

21 CORPS OF ENGINEERS RESERVOIRS. 

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

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

24 operation as of the date of enactment of this Act, the Sec25 retary shall carry out the measures described in subsection 
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1 (c) to support the water resource needs of project sponsors 

2 and any affected State, local, or tribal government for au3 thorized project purposes. 

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

5 the measures described in subsection (c) in cooperation 

6 and coordination with project sponsors and any affected 

7 State, local, or tribal government. 

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

9 Secretary may— 

10 (1) conduct a study to identify unused, 

11 underused, or additional water storage capacity at 

12 reservoirs; 

13 (2) review an operational plan and identify any 

14 change to maximize an authorized project purpose to 

15 improve water storage capacity and enhance effi16 ciency of releases and withdrawal of water; 

17 (3) improve and update data, data collection, 

18 and forecasting models to maximize an authorized 

19 project purpose and improve water storage capacity 

20 and delivery to water users; and 

21 (4) conduct a sediment study and implement 

22 any sediment management or removal measure. 

23 (d) REVENUES.— 

24 (1) IN GENERAL.—Revenues collected in con25 nection with water storage for municipal or indus-
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1 trial water supply at a reservoir operated by the 

2 Corps of Engineers for navigation, flood control, or 

3 multiple purpose projects shall be credited to the re4 volving fund established under section 101 of the 

5 Civil Functions Appropriations Act, 1954 (33 U.S.C. 

6 701b–10). 

7 (2) AVAILABILITY.— 

8 (A) DISTRICT FROM WHICH REVENUE IS

9 RECEIVED.— 

10 (i) IN GENERAL.—Subject to clause 

11 (ii), 80 percent of the revenue received 

12 from each District of the Corps of Engi13 neers shall be available for defraying the 

14 costs of planning, operation, maintenance, 

15 replacements, and upgrades of, and emer16 gency expenditures for, any facility of the 

17 Corps of Engineers projects within that 

18 District. 

19 (ii) SOURCE OF PAYMENTS.—With re20 spect to each activity described in clause 

21 (i), costs of planning, operation, mainte22 nance, replacements, and upgrades of a fa23 cility of the Corps of Engineers for the 

24 project shall be paid from available reve25 nues received from the project. 
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1 (B) AGENCY-WIDE.—20 percent of the rev2 enue received from each District of the Corps of 

3 Engineers shall be available agency-wide for de4 fraying the costs of planning, operation, main5 tenance, replacements, and upgrades of, and 

6 emergency expenditures for, all Corps of Engi7 neers projects. 

8 (3) SPECIAL CASES.— 

9 (A) COSTS OF WATER SUPPLY STORAGE.— 

10 In the case of a reservoir operated or main11 tained by the Corps of Engineers on the date 

12 of enactment of this Act, the storage charge for 

13 a future contract or contract renewal for the 

14 first cost of water supply storage at the res15 ervoir shall be the lesser of the estimated cost 

16 of purposes foregone, replacement costs, or the 

17 updated cost of storage. 

18 (B) REALLOCATION.—In the case of a 

19 water supply that is reallocated from another 

20 project purpose to municipal or industrial water 

21 supply, the joint use costs for the reservoir shall 

22 be adjusted to reflect the reallocation of project 

23 purposes. 

24 (C) CREDIT FOR AFFECTED PROJECT PUR25 POSES.—In the case of a reallocation that ad-
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1 versely affects hydropower generation, the Sec2 retary shall defer to the Administrator of the 

3 respective Power Marketing Administration to 

4 calculate the impact of such a reallocation on 

5 the rates for hydroelectric power. 

6 SEC. 2020. CORPS OF ENGINEERS HYDROPOWER OPER7 ATION AND MAINTENANCE FUNDING. 

8 (a) IN GENERAL.—Notwithstanding the last sentence 

9 of section 5 of the Act of December 22, 1944 (commonly 

10 known as the ‘‘Flood Control Act of 1944’’) (58 Stat. 890, 

11 chapter 665; 16 U.S.C. 825s), the 11th paragraph under 

12 the heading ‘‘OFFICE OF THE SECRETARY’’ in title I of 

13 the Act of October 12, 1949 (63 Stat. 767, chapter 680; 

14 16 U.S.C. 825s–1), the matter under the heading ‘‘CON15 TINUING FUND, SOUTHEASTERN POWER ADMINISTRA16 TION’’ in title I of the Act of August 31, 1951 (65 Stat. 

17 249, chapter 375; 16 U.S.C. 825s–2), section 3302 of title 

18 31, United States Code, or any other law, and without 

19 further appropriation or fiscal year limitation, for fiscal 

20 year 2005 as set forth in subsection (c) and each fiscal 

21 year thereafter, the Administrator of the Southeastern 

22 Power Administration, the Administrator of the South23 western Power Administration, and the Administrator of 

24 the Western Area Power Administration may credit to the 

25 Secretary of the Army (referred to in this section as the 
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1 ‘‘Secretary’’), receipts from the sale of power and related 

2 services, in an amount determined under subsection (c). 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—The Secretary— 

5 (A) shall, except as provided in paragraph 

6 (2), use an amount credited under subsection 

7 (a) to fund only the Corps of Engineers annual 

8 operation and maintenance activities that are 

9 allocated exclusively to the power function and 

10 assigned to the respective power marketing ad11 ministration and respective project system as 

12 applicable for repayment; and 

13 (B) shall not use an amount credited 

14 under subsection (a) for any cost allocated to a 

15 non-power function of Corps of Engineer oper16 ations. 

17 (2) EXCEPTION.—The Secretary may use an 

18 amount credited by the Southwestern Power Admin19 istration under subsection (a) for capital and non20 recurring costs and may use an amount credited by 

21 Southeastern Power Administration for capital and 

22 nonrecurring costs, if no credit exceeds the rates on 

23 file at the Federal Energy Regulatory Commission 

24 for the Southeastern Power Administration. 
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1 (c) AMOUNT.—The amount credited under subsection 

2 (a) shall be equal to an amount that— 

3 (1) the Secretary requests; and 

4 (2) the appropriate Administrator, in consulta5 tion with the Secretary and the power customers of 

6 the power marketing administration of the Adminis7 trator, determines to be appropriate to apply to the 

8 costs referred to in subsection (b). 

9 (d) CONSULTATION.— 

10 (1) TIME FRAME.—Not later than the date that 

11 is 20 days after the date of enactment of this Act, 

12 the appropriate Administrator shall submit to the 

13 Appropriations Committee a report describing the 

14 time frame during which the consultation process 

15 described in subsection (c) shall be completed. 

16 (2) FAILURE TO AGREE.—If the Secretary and 

17 the appropriate Administrator and customer rep18 resentatives cannot agree on the amount to be cred19 ited under subsection (c), the appropriate Adminis20 trator shall determine the amount to be credited. 

21 (e) APPLICABLE LAW.—An amount credited under 

22 subsection (a) is exempt from sequestration under the Bal23 anced Budget and Emergency Deficit Control Act of 1985 

24 (2 U.S.C. 901 et seq.). 
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1 Subtitle B—Continuing Authorities 

2 Projects 

3 SEC. 2031. NAVIGATION ENHANCEMENTS FOR 

4 WATERBOURNE TRANSPORTATION. 

5 Section 107 of the River and Harbor Act of 1960 

6 (33 U.S.C. 577) is amended— 

7 (1) by striking ‘‘SEC. 107. (a) That the Sec8 retary of the Army is hereby authorized to’’ and in9 serting the following: 

10 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR 

11 WATERBOURNE TRANSPORTATION. 

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

13 may’’; 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘(b) Not more’’ and insert16 ing the following: 

17 ‘‘(b) ALLOTMENT.—Not more’’; and 

18 (B) by striking ‘‘$4,000,000’’ and insert19 ing ‘‘$7,000,000’’; 

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

21 and inserting the following: 

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

23 (4) in subsection (d), by striking ‘‘(d) Non-Fed24 eral’’ and inserting the following: 

25 ‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’; 
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1 (5) in subsection (e), by striking ‘‘(e) Each’’ 

2 and inserting the following: 

3 ‘‘(e) COMPLETION.—Each’’; and 

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

5 inserting the following: 

6 ‘‘(f) APPLICABILITY.—This’’. 

7 SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER8 GENCIES AT SHORES AND STREAMBANKS. 

9 Section 14 of the Flood Control Act of 1946 (33 

10 U.S.C. 701r) is amended— 

11 (1) by striking ‘‘$15,000,000’’ and inserting 

12 ‘‘$20,000,000’’; and 

13 (2) by striking ‘‘$1,000,000’’ and inserting 

14 ‘‘$1,500,000’’. 

15 SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO16 TECTION OF AQUATIC AND RIPARIAN ECO17 SYSTEMS PROGRAM. 

18 Section 206 of the Water Resources Development Act 

19 of 1996 (33 U.S.C. 2330) is amended— 

20 (1) by striking the section heading and insert21 ing the following: 
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1 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO2 TECTION OF AQUATIC AND RIPARIAN ECO3 SYSTEMS PROGRAM.’’; 

4 (2) in subsection (a), by striking ‘‘an aquatic’’ 

5 and inserting ‘‘a freshwater aquatic’’; and 

6 (3) in subsection (e), by striking ‘‘$25,000,000’’ 

7 and inserting ‘‘$75,000,000’’. 

8 SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS 

9 FOR IMPROVEMENT AND RESTORATION OF 

10 ECOSYSTEMS PROGRAM. 

11 Section 1135 of the Water Resources Development 

12 Act of 1986 (33 U.S.C. 2309a) is amended— 

13 (1) by striking the section heading and insert14 ing the following: 

15 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS 

16 FOR IMPROVEMENT AND RESTORATION OF 

17 ECOSYSTEMS PROGRAM.’’; 

18 and 

19 (2) in subsection (h), by striking ‘‘25,000,000’’ 

20 and inserting ‘‘$50,000,000’’. 

21 SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COAST22 AL HABITATS. 

23 (a) IN GENERAL.—The Secretary may carry out an 

24 estuary habitat restoration project if the Secretary deter25 mines that the project— 
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1 (1) will improve the elements and features of an 

2 estuary (as defined in section 103 of the Estuaries 

3 and Clean Waters Act of 2000 (33 U.S.C. 2902)); 

4 (2) is in the public interest; and 

5 (3) is cost-effective. 

6 (b) COST SHARING.—The non-Federal share of the 

7 cost of construction of any project under this section— 

8 (1) shall be 35 percent; and 

9 (2) shall include the costs of all land, ease10 ments, rights-of-way, and necessary relocations. 

11 (c) AGREEMENTS.—Construction of a project under 

12 this section shall commence only after a non-Federal inter13 est has entered into a binding agreement with the Sec14 retary to pay— 

15 (1) the non-Federal share of the costs of con16 struction required under subsection (b); and 

17 (2) in accordance with regulations promulgated 

18 by the Secretary, 100 percent of the costs of any op19 eration, maintenance, replacement, or rehabilitation 

20 of the project. 

21 (d) LIMITATION.—Not more than $5,000,000 in Fed22 eral funds may be allocated under this section for a project 

23 at any 1 location. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 
113 

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1 $25,000,000 for each fiscal year beginning after the date 

2 of enactment of this Act. 

3 SEC. 2036. REMEDIATION OF ABANDONED MINE SITES. 

4 Section 560 of the Water Resources Development Act 

5 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amend6 ed— 

7 (1) by striking subsection (f); 

8 (2) by redesignating subsections (a) through (e) 

9 as subsections (b) through (f), respectively; 

10 (3) by inserting before subsection (b) (as redes11 ignated by paragraph (2)) the following: 

12 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In 

13 this section, the term ‘non-Federal interest’ includes, with 

14 the consent of the affected local government, nonprofit en15 tities, notwithstanding section 221 of the Flood Control 

16 Act of 1970 (42 U.S.C. 1962d–5b).’’; 

17 (4) in subsection (b) (as redesignated by para18 graph (2)), by— 

19 (A) by inserting ‘‘, and construction’’ be20 fore ‘‘assistance’’; and 

21 (B) by inserting ‘‘, including, with the con22 sent of the affected local government, nonprofit 

23 entities,’’ after ‘‘non-Federal interests’’; 

24 (5) in paragraph (3) of subsection (c) (as redes25 ignated by paragraph (2))— 
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1 (A) by inserting ‘‘physical hazards and’’ 

2 after ‘‘adverse’’; and 

3 (B) by striking ‘‘drainage from’’; 

4 (6) in subsection (d) (as redesignated by para5 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; 

6 and 

7 (7) by adding at the end the following: 

8 ‘‘(g) OPERATION AND MAINTENANCE.—The non9 Federal share of the costs of operation and maintenance 

10 for a project carried out under this section shall be 100 

11 percent. 

12 ‘‘(h) NO EFFECT ON LIABILITY.—The provision of 

13 assistance under this section shall not relieve from liability 

14 any person that would otherwise be liable under Federal 

15 or State law for damages, response costs, natural resource 

16 damages, restitution, equitable relief, or any other relief. 

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

18 authorized to be appropriated to carry out this section for 

19 each fiscal year $45,000,000, to remain available until ex20 pended.’’. 

21 SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION OR 

22 REMOVAL OF DAMS. 

23 (a) IN GENERAL.—The Secretary may carry out a 

24 small dam removal or rehabilitation project if the Sec-
115 

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1 retary determines that the project will improve the quality 

2 of the environment or is in the public interest. 

3 (b) COST SHARING.—A non-Federal interest shall 

4 provide 35 percent of the cost of the removal or remedi5 ation of any project carried out under this section, includ6 ing provision of all land, easements, rights-of-way, and 

7 necessary relocations. 

8 (c) AGREEMENTS.—Construction of a project under 

9 this section shall be commenced only after a non-Federal 

10 interest has entered into a binding agreement with the 

11 Secretary to pay— 

12 (1) the non-Federal share of the costs of con13 struction required by this section; and 

14 (2) 100 percent of any operation and mainte15 nance cost. 

16 (d) COST LIMITATION.—Not more than $5,000,000 

17 in Federal funds may be allotted under this section for 

18 a project at any single location. 

19 (e) FUNDING.—There is authorized to be appro20 priated to carry out this section $25,000,000 for each fis21 cal year. 

22 SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES. 

23 (a) IN GENERAL.—The Secretary shall develop eligi24 bility criteria for Federal participation in navigation 
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1 projects located in economically disadvantaged commu2 nities that are— 

3 (1) dependent on water transportation for sub4 sistence; and 

5 (2) located in— 

6 (A) remote areas of the United States; 

7 (B) American Samoa; 

8 (C) Guam; 

9 (D) the Commonwealth of the Northern 

10 Mariana Islands; 

11 (E) the Commonwealth of Puerto Rico; or 

12 (F) the United States Virgin Islands. 

13 (b) ADMINISTRATION.—The criteria developed under 

14 this section— 

15 (1) shall— 

16 (A) provide for economic expansion; and 

17 (B) identify opportunities for promoting 

18 economic growth; and 

19 (2) shall not require project justification solely 

20 on the basis of National Economic Development ben21 efits received. 
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1 SEC. 2039. AGREEMENTS FOR WATER RESOURCE 

2 PROJECTS. 

3 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘After the date of enact8 ment’’ and inserting the following: 

9 ‘‘(1) IN GENERAL.—After the date of enact10 ment’’; 

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

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

13 inserting ‘‘under any’’; 

14 (C) by inserting ‘‘partnership’’ after ‘‘writ15 ten’’; 

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

17 furnish its required cooperation for’’ and insert18 ing ‘‘district engineer for the district in which 

19 the project will be carried out under which each 

20 party agrees to carry out its responsibilities and 

21 requirements for implementation or construc22 tion of’’; 

23 (E) by inserting after ‘‘$25,000.’’ the fol24 lowing: 

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

26 described in paragraph (1) may include a provision 
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1 for liquidated damages in the event of a failure of 

2 1 or more parties to perform.’’; and 

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

4 and inserting the following: 

5 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA6 TIONS.—In any agreement described in paragraph 

7 (1)’’; 

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

10 (3) by inserting after subsection (d) the fol11 lowing: 

12 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Sec13 retary determines that a project needs to be continued for 

14 the purpose of public health and safety— 

15 ‘‘(1) the non-Federal interest shall pay the in16 creased projects costs, up to an amount equal to 20 

17 percent of the original estimated project costs and in 

18 accordance with the statutorily-determined cost 

19 share; and 

20 ‘‘(2) notwithstanding the statutorily-determined 

21 Federal share, the Secretary shall pay all increased 

22 costs remaining after payment of 20 percent of the 

23 increased costs by the non-Federal interest under 

24 paragraph (1). 
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1 ‘‘(f) LIMITATION.—Nothing in subsection (a) limits 

2 the authority of the Secretary to ensure that a partnership 

3 agreement meets the requirements of law and policies of 

4 the Secretary in effect on the date of execution of the part5 nership agreement.’’. 

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

7 Water Resources Development Act of 1986 (100 Stat. 

8 4190) is amended— 

9 (1) in paragraph (2)— 

10 (A) in the first sentence, by striking 

11 ‘‘shall’’ and inserting ‘‘may’’; and 

12 (B) by striking the second sentence; and 

13 (2) in paragraph (4)— 

14 (A) in the first sentence— 

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

16 inserting the following: ‘‘injunction and 

17 payment of liquidated damages, for’’; and 

18 (ii) by striking ‘‘to collect a civil pen19 alty imposed under this section,’’; and 

20 (B) in the second sentence, by striking 

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

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

23 (c) APPLICABILITY.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the amendments made by subsections (a) 
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1 and (b) apply only to partnership agreements en2 tered into after the date of enactment of this Act. 

3 (2) EXCEPTION.—Notwithstanding paragraph 

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

5 project is located may amend the partnership agree6 ment for the project entered into on or before the 

7 date of enactment of this Act— 

8 (A) at the request of a non-Federal inter9 est for a project; and 

10 (B) if construction on the project has not 

11 been initiated as of the date of enactment of 

12 this Act. 

13 (d) REFERENCES.— 

14 (1) COOPERATION AGREEMENTS.—Any ref15 erence in a law, regulation, document, or other 

16 paper of the United States to a cooperation agree17 ment or project cooperation agreement shall be con18 sidered to be a reference to a partnership agreement 

19 or a project partnership agreement, respectively. 

20 (2) PARTNERSHIP AGREEMENTS.—Any ref21 erence to a partnership agreement or project part22 nership agreement in this Act (other than in this 

23 section) shall be considered to be a reference to a co24 operation agreement or a project cooperation agree25 ment, respectively. 
121 

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1 SEC. 2040. PROGRAM NAMES. 

2 (a) STORM AND HURRICANE RESTORATION AND IM3 PACT MINIMIZATION PROGRAM.—Section 3 of the Act of 

4 August 13, 1946 (33 U.S.C. 426g) is amended by striking 

5 ‘‘SEC. 3. The Secretary’’ and inserting the following: 

6 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM7 PACT MINIMIZATION PROGRAM. 

8 ‘‘The Secretary’’. 

9 (b) PROJECTS TO ENHANCE REDUCTION OF FLOOD10 ING AND OBTAIN RISK MINIMIZATION.—Section 205 of 

11 the Flood Control Act of 1948 (33 U.S.C. 701s) is amend12 ed by striking ‘‘SEC. 205. That the’’ and inserting the fol13 lowing: 

14 ‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD15 ING AND OBTAIN RISK MINIMIZATION. 

16 ‘‘The’’. 

17 TITLE III—PROJECT-RELATED 

18 PROVISIONS 

19 SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

20 ALASKA. 

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

22 necessary removal of rubble, sediment, and rock impeding 

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

24 Kodiak, Alaska, at a Federal cost of $2,000,000. 
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1 SEC. 3002. SITKA, ALASKA. 

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

3 project for navigation, Southeast Alaska Harbors of Ref4 uge, Alaska, authorized by section 101 of the Water Re5 sources Development Act of 1992 (106 Stat. 4801), is 

6 modified to direct the Secretary to take such action as 

7 is necessary to correct design deficiencies in the element, 

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

9 SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. 

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

11 new project management office located in the city of Tus12 caloosa, Alabama, at a location within the vicinity of the 

13 city, at full Federal expense. 

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

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

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

17 and structures associated with the existing project man18 agement office, if the city agrees to assume full responsi19 bility for demolition of the existing project management 

20 office. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

23 $32,000,000. 

24 SEC. 3004. AUGUSTA AND CLARENDON, ARKANSAS. 

25 The Secretary may carry out rehabilitation of author26 ized and completed levees on the White River between Au-
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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. 3005. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI. 

6 (a) IN GENERAL.—The project for flood control, St. 

7 Francis River Basin, Arkansas, and Missouri, authorized 

8 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), 

9 as modified, is further modified to authorize the Secretary 

10 to undertake channel stabilization and sediment removal 

11 measures on the St. Francis River and tributaries as an 

12 integral part of the original project. 

13 (b) NO SEPARABLE ELEMENT.—The measures un14 dertaken under subsection (a) shall not be considered to 

15 be a separable element of the project. 

16 SEC. 3006. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS 

17 AND MISSOURI. 

18 (a) IN GENERAL.—The Secretary shall convey to the 

19 State of Arkansas, without monetary consideration and 

20 subject to subsection (b), all right, title, and interest to 

21 land within the State acquired by the Federal Government 

22 as mitigation land for the project for flood control, St. 

23 Francis Basin, Arkansas and Missouri Project, authorized 

24 by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) 

25 (commonly known as the ‘‘Flood Control Act of 1928’’). 
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1 (b) TERMS AND CONDITIONS.— 

2 (1) IN GENERAL.—The conveyance by the 

3 United States under this section shall be subject 

4 to— 

5 (A) the condition that the State of Arkan6 sas (including the successors and assigns of the 

7 State) agree to operate, maintain, and manage 

8 the land at no cost or expense to the United 

9 States and for fish and wildlife, recreation, and 

10 environmental purposes; and 

11 (B) such other terms and conditions as the 

12 Secretary determines to be in the interest of the 

13 United States. 

14 (2) REVERSION.—If the State (or a successor 

15 or assign of the State) ceases to operate, maintain, 

16 and manage the land in accordance with this sub17 section, all right, title, and interest in and to the 

18 property shall revert to the United States, at the op19 tion of the Secretary. 

20 SEC. 3007. RED-OUACHITA RIVER BASIN LEVEES, ARKAN21 SAS AND LOUISIANA. 

22 (a) IN GENERAL.—Section 204 of the Flood Control 

23 Act of 1950 (64 Stat. 170) is amended in the matter 

24 under the heading ‘‘RED-OUACHITA RIVER BASIN’’ by 

25 striking ‘‘at Calion, Arkansas’’ and inserting ‘‘improve-
125 

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1 ments at Calion, Arkansas (including authorization for the 

2 comprehensive flood-control project for Ouachita River 

3 and tributaries, incorporating in the project all flood con4 trol, drainage, and power improvements in the basin above 

5 the lower end of the left bank Ouachita River levee)’’. 

6 (b) MODIFICATION.—Section 3 of the Act of August 

7 18, 1941, is amended in the second sentence of subsection 

8 (a) in the matter under the heading ‘‘LOWER MISSISSIPPI

9 RIVER’’ (55 Stat. 642, chapter 377) by inserting before 

10 the period at the end the following: ‘‘Provided, That the 

11 Ouachita River Levees, Louisiana, authorized under the 

12 first section of the Act of May 15, 1928 (45 Stat. 534, 

13 chapter 569) shall remain as a component of the Mis14 sissippi River and Tributaries Project and afforded oper15 ation and maintenance responsibilities as directed in sec16 tion 3 of that Act (45 Stat. 535)’’. 

17 SEC. 3008. CACHE CREEK BASIN, CALIFORNIA. 

18 (a) IN GENERAL.—The project for flood control, 

19 Cache Creek Basin, California, authorized by section 

20 401(a) of the Water Resources Development Act of 1986 

21 (100 Stat. 4112), is modified to direct the Secretary to 

22 mitigate the impacts of the new south levee of the Cache 

23 Creek settling basin on the storm drainage system of the 

24 city of Woodland, including all appurtenant features, ero-
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1 sion control measures, and environmental protection fea2 tures. 

3 (b) OBJECTIVES.—Mitigation under subsection (a) 

4 shall restore the pre-project capacity of the city (1,360 

5 cubic feet per second) to release water to the Yolo Bypass, 

6 including— 

7 (1) channel improvements; 

8 (2) an outlet work through the west levee of the 

9 Yolo Bypass; and 

10 (3) a new low flow cross channel to handle city 

11 and county storm drainage and settling basin flows 

12 (1,760 cubic feet per second) when the Yolo Bypass 

13 is in a low flow condition. 

14 SEC. 3009. HAMILTON AIRFIELD, CALIFORNIA. 

15 The project for environmental restoration, Hamilton 

16 Airfield, California, authorized by section 101(b)(3) of the 

17 Water Resources Development Act of 1999 (113 Stat. 

18 279), is modified to include the diked bayland parcel 

19 known as ‘‘Bel Marin Keys Unit V ’’ at an estimated total 

20 cost of $205,226,000, with an estimated Federal cost of 

21 $153,840,000 and an estimated non-Federal cost of 

22 $51,386,000, as part of the project to be carried out by 

23 the Secretary substantially in accordance with the plans, 

24 and subject to the conditions, recommended in the final 

25 report of the Chief of Engineers dated July 19, 2004. 
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1 SEC. 3010. LA–3 DREDGED MATERIAL OCEAN DISPOSAL 

2 SITE DESIGNATION, CALIFORNIA. 

3 Section 102(c)(4) of the Marine Protection, Re4 search, and Sanctuaries Act of 1972 (33 U.S.C. 

5 1412(c)(4)) is amended in the third sentence by striking 

6 ‘‘January 1, 2003’’ and inserting ‘‘January 1, 2007’’. 

7 SEC. 3011. LARKSPUR FERRY CHANNEL, CALIFORNIA. 

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

9 Ferry Channel, Larkspur, California, authorized by sec10 tion 601(d) of the Water Resources Development Act of 

11 1986 (100 Stat. 4148), is modified to direct the Secretary 

12 to prepare a limited reevaluation report to determine 

13 whether maintenance of the project is feasible. 

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

15 determines that maintenance of the project is feasible, the 

16 Secretary shall carry out the maintenance. 

17 SEC. 3012. 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 
128 

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1 remaining Federal cost of $55,000,000, and an estimated 

2 remaining non-Federal cost of $40,000,000. 

3 SEC. 3013. LOS ANGELES HARBOR, CALIFORNIA. 

4 Section 101(b)(5) of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2577) is amended by striking 

6 ‘‘$153,313,000, with an estimated Federal cost of 

7 $43,735,000 and an estimated non-Federal cost of 

8 $109,578,000’’ and inserting ‘‘$222,000,000, with an esti9 mated Federal cost of $72,000,000 and an estimated non10 Federal cost of $150,000,000’’. 

11 SEC. 3014. MAGPIE CREEK, CALIFORNIA. 

12 (a) IN GENERAL.—Subject to subsection (b), the 

13 project for Magpie Creek, California, authorized under 

14 section 205 of the Flood Control Act of 1948 (33 U.S.C. 

15 701s), is modified to direct the Secretary to apply the cost16 sharing requirements applicable to nonstructural flood 

17 control under section 103(b) of the Water Resources De18 velopment Act of 1986 (100 Stat. 4085) for the portion 

19 of the project consisting of land acquisition to preserve 

20 and enhance existing floodwater storage. 

21 (b) CREDITING.—The crediting allowed under sub22 section (a) shall not exceed the non-Federal share of the 

23 cost of the project. 
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1 SEC. 3015. PINE FLAT DAM FISH AND WILDLIFE HABITAT, 

2 CALIFORNIA. 

3 (a) COOPERATIVE PROGRAM.— 

4 (1) IN GENERAL.—The Secretary shall partici5 pate with appropriate State and local agencies in the 

6 implementation of a cooperative program to improve 

7 and manage fisheries and aquatic habitat conditions 

8 in Pine Flat Reservoir and in the 14-mile reach of 

9 the Kings River immediately below Pine Flat Dam, 

10 California, in a manner that— 

11 (A) provides for long-term aquatic resource 

12 enhancement; and 

13 (B) avoids adverse effects on water storage 

14 and water rights holders. 

15 (2) GOALS AND PRINCIPLES.—The cooperative 

16 program described in paragraph (1) shall be carried 

17 out— 

18 (A) substantially in accordance with the 

19 goals and principles of the document entitled 

20 ‘‘Kings River Fisheries Management Program 

21 Framework Agreement’’ and dated May 29, 

22 1999, between the California Department of 

23 Fish and Game and the Kings River Water As24 sociation and the Kings River Conservation 

25 District; and 
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1 (B) in cooperation with the parties to that 

2 agreement. 

3 (b) PARTICIPATION BY SECRETARY.— 

4 (1) IN GENERAL.—In furtherance of the goals 

5 of the agreement described in subsection (a)(2), the 

6 Secretary shall participate in the planning, design, 

7 and construction of projects and pilot projects on 

8 the Kings River and its tributaries to enhance 

9 aquatic habitat and water availability for fisheries 

10 purposes (including maintenance of a trout fishery) 

11 in accordance with flood control operations, water 

12 rights, and beneficial uses in existence as of the date 

13 of enactment of this Act. 

14 (2) PROJECTS.—Projects referred to in para15 graph (1) may include— 

16 (A) projects to construct or improve pump17 ing, conveyance, and storage facilities to en18 hance water transfers; and 

19 (B) projects to carry out water exchanges 

20 and create opportunities to use floodwater with21 in and downstream of Pine Flat Reservoir. 

22 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

23 PROJECTS.—Nothing in this section authorizes any 

24 project for the raising of Pine Flat Dam or the construc25 tion of a multilevel intake structure at Pine Flat Dam. 
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1 (d) USE OF EXISTING STUDIES.—In carrying out 

2 this section, the Secretary shall use, to the maximum ex3 tent practicable, studies in existence on the date of enact4 ment of this Act, including data and environmental docu5 mentation in the document entitled ‘‘Final Feasibility Re6 port and Report of the Chief of Engineers for Pine Flat 

7 Dam Fish and Wildlife Habitat Restoration’’ and dated 

8 July 19, 2002. 

9 (e) COST SHARING.— 

10 (1) PROJECT PLANNING, DESIGN, AND CON11 STRUCTION.—The Federal share of the cost of plan12 ning, design, and construction of a project under 

13 subsection (b) shall be 65 percent. 

14 (2) NON-FEDERAL SHARE.— 

15 (A) CREDIT FOR LAND, EASEMENTS, AND

16 RIGHTS-OF-WAY.—The Secretary shall credit to17 ward the non-Federal share of the cost of con18 struction of any project under subsection (b) 

19 the value, regardless of the date of acquisition, 

20 of any land, easements, rights-of-way, dredged 

21 material disposal areas, or relocations provided 

22 by the non-Federal interest for use in carrying 

23 out the project. 

24 (A) FORM.—The non-Federal interest may 

25 provide not more than 50 percent of the non- 
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1 Federal share required under this clause in the 

2 form of services, materials, supplies, or other 

3 in-kind contributions. 

4 (f) OPERATION AND MAINTENANCE.—The operation, 

5 maintenance, repair, rehabilitation, and replacement of 

6 projects carried out under this section shall be a non-Fed7 eral responsibility. 

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $20,000,000, to remain available until expended. 

11 SEC. 3016. REDWOOD CITY NAVIGATION PROJECT, CALI12 FORNIA. 

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

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

16 SEC. 3017. 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 any 

20 flood damage reduction project authorized before the date 

21 of enactment of this Act that is to be paid by the Sac22 ramento Area Flood Control Agency an amount equal to 

23 the Federal share of the flood control project authorized 

24 by section 9159 of the Department of Defense Appropria25 tions Act, 1993 (106 Stat. 1944). 
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1 (b) FEDERAL SHARE.—In determining the Federal 

2 share of the project authorized by section 9159(b) of that 

3 Act, the Secretary shall include all audit verified costs for 

4 planning, engineering, construction, acquisition of project 

5 land, easements, right-of-way, relocations, and environ6 mental, mitigation for all project elements that the Sec7 retary determines to be cost-effective. 

8 (c) AMOUNT CREDITED.—The amount credited shall 

9 be equal to the Federal share determined under this sec10 tion, reduced by the total of all reimbursements paid to 

11 the non-Federal interests for work under section 9159(b) 

12 of that Act before the date of enactment of this Act. 

13 SEC. 3018. CONDITIONAL DECLARATION OF NONNAVIGA14 BILITY, PORT OF SAN FRANCISCO, CALI15 FORNIA. 

16 (a) CONDITIONAL DECLARATION OF NONNAVIGA17 BILITY.—If the Secretary determines, in consultation with 

18 appropriate Federal and non-Federal entities, that 

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

20 within the portions of the San Francisco, California, wa21 terfront described in subsection (b) are not in the public 

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

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

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

25 General Bridge Act of 1946 (33 U.S.C. 525 et seq.). 
134 

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

2 the San Francisco, California, waterfront referred to in 

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

4 filled, or otherwise occupied by permanent structures and 

5 that are located as follows: beginning at the intersection 

6 of the northeasterly prolongation of the portion of the 

7 northwesterly line of Bryant Street lying between Beale 

8 Street and Main Street with the southwesterly line of 

9 Spear Street, which intersection lies on the line of jurisdic10 tion of the San Francisco Port Commission; following 

11 thence southerly along said line of jurisdiction as described 

12 in the State of California Harbor and Navigation Code 

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

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

15 parallel and distant 10 feet from the existing southern 

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

17 United States Government pier-head line; thence northerly 

18 along said pier-head line to its intersection with a line par19 allel with, and distant 10 feet easterly from, the existing 

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

21 along said parallel line and its northerly prolongation, to 

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

23 10 feet northerly from, the existing northerly boundary of 

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

25 to its intersection with the United States Government 
135 

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

2 northwesterly; thence southwesterly along said northwest3 erly line of Bryant Street to the point of beginning. 

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

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

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

7 waterfront described in subsection (b) has not been bulk8 headed, filled, or otherwise occupied by 1 or more perma9 nent structures, or if work in connection with any activity 

10 carried out pursuant to applicable Federal law requiring 

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

12 3, 1899 (33 U.S.C. 401), is not commenced by the date 

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

14 the declaration of nonnavigability for the portion under 

15 this section shall cease to be effective. 

16 SEC. 3019. SALTON SEA RESTORATION, CALIFORNIA. 

17 (a) DEFINITIONS.—In this section: 

18 (1) SALTON SEA AUTHORITY.—The term 

19 ‘‘Salton Sea Authority’’ means the Joint Powers Au20 thority established under the laws of the State of 

21 California by a joint power agreement signed on 

22 June 2, 1993. 

23 (2) SALTON SEA SCIENCE OFFICE.—The term 

24 ‘‘Salton Sea Science Office’’ means the Office estab-
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1 lished by the United States Geological Survey and 

2 currently located in La Quinta, California. 

3 (b) PILOT PROJECTS.— 

4 (1) IN GENERAL.—The Secretary shall review 

5 the preferred restoration concept plan approved by 

6 the Salton Sea Authority to determine that the pilot 

7 projects are economically justified, technically sound, 

8 environmentally acceptable, and meet the objectives 

9 of the Salton Sea Reclamation Act (Public Law 

10 105–372). If the Secretary makes a positive deter11 mination, the Secretary may enter into an agree12 ment with the Salton Sea Authority and, in con13 sultation with the Salton Sea Science Office, carry 

14 out the pilot project for improvement of the environ15 ment in the Salton Sea. 

16 (2) LOCAL PARTICIPATION.—In prioritizing 

17 pilot projects under this section, the Secretary 

18 shall— 

19 (A) consult with the Salton Sea Authority 

20 and the Salton Sea Science Office; and 

21 (B) consider the priorities of the Salton 

22 Sea Authority. 

23 (3) COST SHARING.—Before carrying out a 

24 pilot project under this section, the Secretary shall 

25 enter into a written agreement with the Salton Sea 
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1 Authority that requires the non-Federal interest 

2 to— 

3 (A) pay 35 percent of the total costs of the 

4 pilot project; 

5 (B) acquire any land, easements, rights-of6 way, relocations, and dredged material disposal 

7 areas necessary to carry out the pilot project; 

8 and 

9 (C) hold the United States harmless from 

10 any claim or damage that may arise from car11 rying out the pilot project, except any claim or 

12 damage that may arise from the negligence of 

13 the Federal Government or a contractor of the 

14 Federal Government. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out subsection (b) 

17 $26,000,000, of which not more than $5,000,000 may be 

18 used for any 1 pilot project under this section. 

19 SEC. 3020. UPPER GUADALUPE RIVER, CALIFORNIA. 

20 The project for flood damage reduction and recre21 ation, Upper Guadalupe River, California, authorized by 

22 section 101(a)(9) of the Water Resources Development 

23 Act of 1999 (113 Stat. 275), is modified to authorize the 

24 Secretary to construct the project generally in accordance 

25 with the Upper Guadalupe River Flood Damage Reduc-
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1 tion, San Jose, California, Limited Reevaluation Report, 

2 dated March, 2004, at a total cost of $212,100,000, with 

3 an estimated Federal cost of $113,300,000 and an esti4 mated non-Federal cost of $98,800,000. 

5 SEC. 3021. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

6 The project for flood damage reduction, Yuba River 

7 Basin, California, authorized by section 101(a)(10) of the 

8 Water Resources Development Act of 1999 (113 Stat. 

9 275), is modified to authorize the Secretary to construct 

10 the project at a total cost of $107,700,000, with an esti11 mated Federal share of $70,000,000 and a non-Federal 

12 share of $37,700,000. 

13 SEC. 3022. CHARLES HERVEY TOWNSHEND BREAKWATER, 

14 NEW HAVEN HARBOR, CONNECTICUT. 

15 The western breakwater for the project for naviga16 tion, New Haven Harbor, Connecticut, authorized by the 

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

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

19 Hervey Townshend Breakwater’’. 

20 SEC. 3023. ANCHORAGE AREA, NEW LONDON HARBOR, CON21 NECTICUT. 

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

23 navigation, New London Harbor, Connecticut, authorized 

24 by the Act of June 13, 1902 (32 Stat. 333), that consists 
139 

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1 of a 23-foot waterfront channel described in subsection 

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

3 (b) DESCRIPTION OF CHANNEL.—The channel re4 ferred to in subsection (a) may be described as beginning 

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

6 N. 188, 802.75, E. 779, 462.81, thence running north7 easterly about 1,373.88 feet to a point N. 189, 554.87, 

8 E. 780, 612.53, thence running southeasterly about 

9 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, 

10 thence running southwesterly about 831.58 feet to a point 

11 N. 188, 864.63, E. 780, 288.08, thence running south12 easterly about 567.39 feet to a point N. 188, 301.88, E. 

13 780, 360.49, thence running northwesterly about 1,027.96 

14 feet to the point of origin. 

15 SEC. 3024. NORWALK HARBOR, CONNECTICUT. 

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

17 of the project for navigation, Norwalk Harbor, Con18 necticut, authorized by the first section of the Act of 

19 March 2, 1919 (40 Stat. 1276) and described in sub20 section (b), are not authorized. 

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

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

23 (1) RECTANGULAR PORTION.—An approxi24 mately rectangular-shaped section along the north25 westerly terminus of the channel. The section is 35- 
140 

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1 feet wide and about 460-feet long and is further de2 scribed as commencing at a point N. 104,165.85, E. 

3 417,662.71, thence running south 24°06′55′′ E. 

4 395.00 feet to a point N. 103,805.32, E. 

5 417,824.10, thence running south 00°38′06′′ E. 

6 87.84 feet to a point N. 103,717.49, E. 417,825.07, 

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

8 a point N. 104,155.59, E. 417.628.96, thence run9 ning north 73°05′25′′ E. 35.28 feet to the point of 

10 origin. 

11 (2) PARALLELOGRAM-SHAPED PORTION.—An 

12 area having the approximate shape of a parallelo13 gram along the northeasterly portion of the channel, 

14 southeast of the area described in paragraph (1), ap15 proximately 20 feet wide and 260 feet long, and fur16 ther described as commencing at a point N. 

17 103,855.48, E. 417,849.99, thence running south 

18 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, 

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

20 127.75 feet to a point N. 103,627.16, E. 

21 417,975.09, thence running north 33°07′30′′ W. 

22 190.00 feet to a point N. 103,786.28, E. 

23 417,871.26, thence running north 17°05′15′′ W. 

24 72.39 feet to the point of origin. 
141 

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

2 the Norwalk Harbor, Connecticut navigation project de3 scribed in subsection (a) is modified to authorize the Sec4 retary to realign the channel to include, immediately north 

5 of the area described in subsection (b)(2), a triangular sec6 tion described as commencing at a point N. 103,968.35, 

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

8 feet to a point N. 103,855.48, E. 417,849.99, thence run9 ning N. 33°07′30′′ west 36.76 feet to a point N. 

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

11 west 83.37 feet to the point of origin. 

12 SEC. 3025. ST. GEORGE’S BRIDGE, DELAWARE. 

13 Section 102(g) of the Water Resources Development 

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

15 the end the following: ‘‘The Secretary shall assume owner16 ship responsibility for the replacement bridge not later 

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

18 completed and the contractors are released of their respon19 sibility by the State. In addition, the Secretary may not 

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

21 Bridge, Delaware, without specific congressional author22 ization.’’. 

23 SEC. 3026. CHRISTINA RIVER, WILMINGTON, DELAWARE. 

24 (a) IN GENERAL.—The Secretary shall remove the 

25 shipwrecked vessel known as the ‘‘State of Pennsylvania’’, 
142 

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1 and any debris associated with that vessel, from the Chris2 tina River at Wilmington, Delaware, in accordance with 

3 section 202(b) of the Water Resources Development Act 

4 of 1976 (33 U.S.C. 426m(b)). 

5 (b) NO RECOVERY OF FUNDS.—Notwithstanding any 

6 other provision of law, in carrying out this section, the 

7 Secretary shall not be required to recover funds from the 

8 owner of the vessel described in subsection (a) or any 

9 other vessel. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $425,000, to remain available until expended. 

13 SEC. 3027. ADDITIONAL PROGRAM AUTHORITY, COM14 PREHENSIVE EVERGLADES RESTORATION, 

15 FLORIDA. 

16 Section 601(c)(3) of the Water Resources Develop17 ment Act of 2000 (114 Stat. 2684) is amended by adding 

18 at the end the following: 

19 ‘‘(C) MAXIMUM COST OF PROGRAM AU20 THORITY.—Section 902 of the Water Resources 

21 Development Act of 1986 (33 U.S.C. 2280) 

22 shall apply to the individual project funding 

23 limits in subparagraph (A) and the aggregate 

24 cost limits in subparagraph (B).’’. 
143 

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1 SEC. 3028. CRITICAL RESTORATION PROJECTS, EVER2 GLADES AND SOUTH FLORIDA ECOSYSTEM 

3 RESTORATION, FLORIDA. 

4 Section 528(b)(3)(C) of the Water Resources Devel5 opment Act of 1996 (110 Stat. 3769) is amended— 

6 (1) in clause (i), by striking ‘‘$75,000,000’’ and 

7 all that follows and inserting ‘‘$95,000,000.’’; and 

8 (2) by striking clause (ii) and inserting the fol9 lowing: 

10 ‘‘(ii) FEDERAL SHARE.— 

11 ‘‘(I) IN GENERAL.—Except as 

12 provided in subclause (II), the Federal 

13 share of the cost of carrying out a 

14 project under subparagraph (A) shall 

15 not exceed $25,000,000. 

16 ‘‘(II) SEMINOLE WATER CON17 SERVATION PLAN.—The Federal share 

18 of the cost of carrying out the Semi19 nole Water Conservation Plan shall 

20 not exceed $30,000,000.’’. 

21 SEC. 3029. JACKSONVILLE HARBOR, FLORIDA. 

22 The project for navigation, Jacksonville Harbor, 

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

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

25 modified to authorize the Secretary to extend the naviga26 tion features in accordance with the report of the Chief 
144 

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

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

3 $9,636,000 and an estimated non-Federal cost of 

4 $5,022,000. 

5 SEC. 3030. LAKE OKEECHOBEE AND HILLSBORO AQUIFER 

6 PILOT PROJECTS, COMPREHENSIVE EVER7 GLADES RESTORATION, FLORIDA. 

8 Section 601(b)(2)(B) of the Water Resources Devel9 opment Act of 2000 (114 Stat. 2681) is amended by add10 ing at the end the following: 

11 ‘‘(v) HILLSBORO AND OKEECHOBEE

12 AQUIFER, FLORIDA.—The pilot projects for 

13 aquifer storage and recovery, Hillsboro and 

14 Okeechobee Aquifer, Florida, authorized by 

15 section 101(a)(16) of the Water Resources 

16 Development Act of 1999 (113 Stat. 276), 

17 shall be treated for the purposes of this 

18 section as being in the Plan and carried 

19 out in accordance with this section, except 

20 that costs of operation and maintenance of 

21 those projects shall remain 100 percent 

22 non-Federal.’’. 

23 SEC. 3031. LIDO KEY, SARASOTA COUNTY, FLORIDA. 

24 The Secretary shall carry out the project for hurri25 cane and storm damage reduction in Lido Key, Sarasota 
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1 County, Florida, based on the report of the Chief of Engi2 neers dated December 22, 2004, at a total cost of 

3 $14,809,000, with an estimated Federal cost of 

4 $9,088,000 and an estimated non-Federal cost of 

5 $5,721,000, and at an estimated total cost $63,606,000 

6 for periodic beach nourishment over the 50-year life of the 

7 project, with an estimated Federal cost of $31,803,000 

8 and an estimated non-Federal cost of $31,803,000. 

9 SEC. 3032. TAMPA HARBOR, CUT B, TAMPA, FLORIDA. 

10 The project for navigation, Tampa Harbor, Florida, 

11 authorized by section 101 of the River and Harbor Act 

12 of 1970 (84 Stat. 1818), is modified to authorize the Sec13 retary to construct passing lanes in an area approximately 

14 3.5 miles long and centered on Tampa Bay Cut B, if the 

15 Secretary determines that the improvements are necessary 

16 for navigation safety. 

17 SEC. 3033. ALLATOONA LAKE, GEORGIA. 

18 (a) LAND EXCHANGE.— 

19 (1) IN GENERAL.—The Secretary may exchange 

20 land above 863 feet in elevation at Allatoona Lake, 

21 Georgia, identified in the Real Estate Design Memo22 randum prepared by the Mobile district engineer, 

23 April 5, 1996, and approved October 8, 1996, for 

24 land on the north side of Allatoona Lake that is re25 quired for wildlife management and protection of the 
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1 water quality and overall environment of Allatoona 

2 Lake. 

3 (2) TERMS AND CONDITIONS.—The basis for all 

4 land exchanges under this subsection shall be a fair 

5 market appraisal to ensure that land exchanged is of 

6 equal value. 

7 (b) DISPOSAL AND ACQUISITION OF LAND, 

8 ALLATOONA LAKE, GEORGIA.— 

9 (1) IN GENERAL.—The Secretary may— 

10 (A) sell land above 863 feet in elevation at 

11 Allatoona Lake, Georgia, identified in the 

12 memorandum referred to in subsection (a)(1); 

13 and 

14 (B) use the proceeds of the sale, without 

15 further appropriation, to pay costs associated 

16 with the purchase of land required for wildlife 

17 management and protection of the water quality 

18 and overall environment of Allatoona Lake. 

19 (2) TERMS AND CONDITIONS.— 

20 (A) WILLING SELLERS.—Land acquired 

21 under this subsection shall be by negotiated 

22 purchase from willing sellers only. 

23 (B) BASIS.—The basis for all transactions 

24 under this subsection shall be a fair market 

25 value appraisal acceptable to the Secretary. 
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1 (C) SHARING OF COSTS.—Each purchaser 

2 of land under this subsection shall share in the 

3 associated environmental and real estate costs 

4 of the purchase, including surveys and associ5 ated fees in accordance with the memorandum 

6 referred to in subsection (a)(1). 

7 (D) OTHER CONDITIONS.—The Secretary 

8 may impose on the sale and purchase of land 

9 under this subsection such other conditions as 

10 the Secretary determines to be appropriate. 

11 (c) REPEAL.—Section 325 of the Water Resources 

12 Development Act of 1992 (106 Stat. 4849) is repealed. 

13 SEC. 3034. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO. 

14 (a) IN GENERAL.—The Secretary shall carry out ad15 ditional general construction measures to allow for oper16 ation at lower pool levels to satisfy the recreation mission 

17 at Dworshak Dam, Idaho. 

18 (b) IMPROVEMENTS.—In carrying out subsection (a), 

19 the Secretary shall provide for appropriate improvements 

20 to— 

21 (1) facilities that are operated by the Corps of 

22 Engineers; and 

23 (2) facilities that, as of the date of enactment 

24 of this Act, are leased, permitted, or licensed for use 

25 by others. 
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1 (c) COST SHARING.—The Secretary shall carry out 

2 this section through a cost-sharing program with Idaho 

3 State Parks and Recreation Department, with a total esti4 mated project cost of $5,300,000, with an estimated Fed5 eral cost of $3,900,000 and an estimated non-Federal cost 

6 of $1,400,000. 

7 SEC. 3035. LITTLE WOOD RIVER, GOODING, IDAHO. 

8 The project for flood control, Gooding, Idaho, as con9 structed under the emergency conservation work program 

10 established under the Act of March 31, 1933 (16 U.S.C. 

11 585 et seq.) is modified to— 

12 (1) direct the Secretary to rehabilitate the 

13 Gooding Channel Project for the purposes of flood 

14 control and ecosystem restoration, if the Secretary 

15 determines that the rehabilitation and ecosystem res16 toration is feasible; 

17 (2) authorize and direct the Secretary to plan, 

18 design, and construct the project at a total cost of 

19 $9,000,000; 

20 (3) authorize the non-Federal interest to pro21 vide any portion of the non-Federal share of the cost 

22 of the project in the form of services, materials, sup23 plies, or other in-kind contributions; 

24 (4) authorize the non-Federal interest to use 

25 funds made available under any other Federal pro-
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1 gram toward the non-Federal share of the cost of 

2 the project if the use of the funds is permitted under 

3 the other Federal program; and 

4 (5) direct the Secretary, in calculating the non5 Federal share of the cost of the project, to make a 

6 determination under section 103(m) of the Water 

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

8 2213(m)) on the ability to pay of the non-Federal 

9 interest. 

10 SEC. 3036. PORT OF LEWISTON, IDAHO. 

11 (a) EXTINGUISHMENT OF REVERSIONARY INTER12 ESTS AND USE RESTRICTIONS.—With respect to property 

13 covered by each deed described in subsection (b)— 

14 (1) the reversionary interests and use restric15 tions relating to industrial use purposes are extin16 guished; 

17 (2) the restriction that no activity shall be per18 mitted that will compete with services and facilities 

19 offered by public marinas is extinguished; 

20 (3) the human habitation or other building 

21 structure use restriction is extinguished in each area 

22 in which the elevation is above the standard project 

23 flood elevation; and 

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

25 above the standard project flood elevation is author-
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•S 728 IS 

1 ized, except in any low area constituting wetland for 

2 which a permit under section 404 of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1344) is re4 quired. 

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

6 are as follows: 

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

8 Perce County, Idaho, 2.07 acres. 

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

10 Perce County, Idaho, 7.32 acres. 

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

12 section affects the remaining rights and interests of the 

13 Corps of Engineers for authorized project purposes with 

14 respect to property covered by deeds described in sub15 section (b). 

16 SEC. 3037. CACHE RIVER LEVEE, ILLINOIS. 

17 The Cache River Levee created for flood control at 

18 the Cache River, Illinois, and authorized under the Act 

19 of June 28, 1938 (52 Stat. 1215, chapter 795), is modi20 fied to add environmental restoration as a project purpose. 

21 SEC. 3038. CHICAGO RIVER, ILLINOIS. 

22 The Federal navigation channel for the North Branch 

23 Channel portion of the Chicago River authorized by sec24 tion 22 of the Act of March 3, 1899 (30 Stat. 1156, chap25 ter 425), extending from 100 feet downstream of the Hal-
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1 sted Street Bridge to 100 feet upstream of the Division 

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

3 than 66 feet. 

4 SEC. 3039. MISSOURI AND ILLINOIS FLOOD PROTECTION 

5 PROJECTS RECONSTRUCTION PILOT PRO6 GRAM. 

7 (a) DEFINITION OF RECONSTRUCTION.—In this sec8 tion: 

9 (1) IN GENERAL.—The term ‘‘reconstruction’’ 

10 means any action taken to address 1 or more major 

11 deficiencies of a project caused by long-term deg12 radation of the foundation, construction materials, 

13 or engineering systems or components of the project, 

14 the results of which render the project at risk of not 

15 performing in compliance with the authorized pur16 poses of the project. 

17 (2) INCLUSIONS.—The term ‘‘reconstruction’’ 

18 includes the incorporation by the Secretary of cur19 rent design standards and efficiency improvements 

20 in a project if the incorporation does not signifi21 cantly change the authorized scope, function, or pur22 pose of the project. 

23 (b) PARTICIPATION BY SECRETARY.—The Secretary 

24 may participate in the reconstruction of flood control 

25 projects within Missouri and Illinois as a pilot program 
152 

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1 if the Secretary determines that such reconstruction is not 

2 required as a result of improper operation and mainte3 nance by the non-Federal interest. 

4 (c) COST SHARING.— 

5 (1) IN GENERAL.—Costs for reconstruction of a 

6 project under this section shall be shared by the Sec7 retary and the non-Federal interest in the same per8 centages as the costs of construction of the original 

9 project were shared. 

10 (2) OPERATION, MAINTENANCE, AND REPAIR

11 COSTS.—The costs of operation, maintenance, re12 pair, and rehabilitation of a project carried out 

13 under this section shall be a non-Federal responsi14 bility. 

15 (d) CRITICAL PROJECTS.—In carrying out this sec16 tion, the Secretary shall give priority to the following 

17 projects: 

18 (1) Clear Creek Drainage and Levee District, 

19 Illinois. 

20 (2) Fort Chartres and Ivy Landing Drainage 

21 District, Illinois. 

22 (3) Wood River Drainage and Levee District, 

23 Illinois. 

24 (4) City of St. Louis, Missouri. 
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1 (5) Missouri River Levee Drainage District, 

2 Missouri. 

3 (e) ECONOMIC JUSTIFICATION.—Reconstruction ef4 forts and activities carried out under this section shall not 

5 require economic justification. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $50,000,000, to remain available until expended. 

9 SEC. 3040. SPUNKY BOTTOM, ILLINOIS. 

10 (a) IN GENERAL.—The project for flood control, Illi11 nois and Des Plaines River Basin, between Beardstown, 

12 Illinois, and the mouth of the Illinois River, authorized 

13 by section 5 of the Act of June 22, 1936 (49 Stat. 1583, 

14 chapter 688), is modified to authorize ecosystem restora15 tion as a project purpose. 

16 (b) MODIFICATIONS.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 notwithstanding the limitation on the expenditure of 

19 Federal funds to carry out project modifications in 

20 accordance with section 1135 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 

22 2309a), modifications to the project referred to in 

23 subsection (a) shall be carried out at Spunky Bot24 toms, Illinois, in accordance with subsection (a). 
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1 (2) FEDERAL SHARE.—Not more than 

2 $7,500,000 in Federal funds may be expended under 

3 this section to carry out modifications to the project 

4 referred to in subsection (a). 

5 (3) POST-CONSTRUCTION MONITORING AND

6 MANAGEMENT.—Of the Federal funds expended 

7 under paragraph (2), not less than $500,000 shall 

8 remain available for a period of 5 years after the 

9 date of completion of construction of the modifica10 tions for use in carrying out post-construction moni11 toring and adaptive management. 

12 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith13 standing any modifications carried out under subsection 

14 (b), the project described in subsection (a) shall remain 

15 eligible for emergency repair assistance under section 5 

16 of the Act of August 18, 1941 (33 U.S.C. 701n), without 

17 consideration of economic justification. 

18 SEC. 3041. STRAWN CEMETERY, JOHN REDMOND LAKE, 

19 KANSAS. 

20 (a) IN GENERAL.—As soon as practicable after the 

21 date of enactment of this Act, the Secretary, acting 

22 through the Tulsa District of the Corps of Engineers, shall 

23 transfer to Pleasant Township, Coffey County, Kansas, 

24 for use as the New Strawn Cemetery, all right, title, and 
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1 interest of the United States in and to the land described 

2 in subsection (c). 

3 (b) REVERSION.—If the land transferred under this 

4 section ceases at any time to be used as a nonprofit ceme5 tery or for another public purpose, the land shall revert 

6 to the United States. 

7 (c) DESCRIPTION.—The land to be conveyed under 

8 this section is a tract of land near John Redmond Lake, 

9 Kansas, containing approximately 3 acres and lying adja10 cent to the west line of the Strawn Cemetery located in 

the SE corner of the NE1 11 ⁄4 of sec. 32, T. 20 S., R. 14 

12 E., Coffey County, Kansas. 

13 (d) CONSIDERATION.— 

14 (1) IN GENERAL.—The conveyance under this 

15 section shall be at fair market value. 

16 (2) COSTS.—All costs associated with the con17 veyance shall be paid by Pleasant Township, Coffey 

18 County, Kansas. 

19 (e) OTHER TERMS AND CONDITIONS.—The convey20 ance under this section shall be subject to such other 

21 terms and conditions as the Secretary considers necessary 

22 to protect the interests of the United States. 
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1 SEC. 3042. HARRY S. TRUMAN RESERVOIR, MILFORD, KAN2 SAS. 

3 (a) IN GENERAL.—Subject to subsections (b) and (c), 

4 the Secretary shall convey at fair market value by quit5 claim deed to the Geary County Fire Department, Milford, 

6 Kansas, all right, title, and interest of the United States 

7 in and to a parcel of land consisting of approximately 7.4 

8 acres located in Geary County, Kansas, for construction, 

9 operation, and maintenance of a fire station. 

10 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

11 exact acreage and the description of the real property re12 ferred to in subsection (a) shall be determined by a survey 

13 that is satisfactory to the Secretary. 

14 (c) REVERSION.—If the Secretary determines that 

15 the property conveyed under subsection (a) ceases to be 

16 held in public ownership or to be used for any purpose 

17 other than a fire station, all right, title, and interest in 

18 and to the property shall revert to the United States, at 

19 the option of the United States. 

20 SEC. 3043. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, 

21 OHIO, PENNSYLVANIA, AND WEST VIRGINIA. 

22 Section 101(16) of the Water Resources Development 

23 Act of 2000 (114 Stat. 2578) is amended— 

24 (1) by striking ‘‘(A) IN GENERAL.—Projects for 

25 ecosystem restoration, Ohio River Mainstem’’ and 

26 inserting the following: 
157 

•S 728 IS 

1 ‘‘(A) AUTHORIZATION.— 

2 ‘‘(i) IN GENERAL.—Projects for eco3 system restoration, Ohio River Basin (ex4 cluding the Tennessee and Cumberland 

5 River Basins)’’; and 

6 (2) in subparagraph (A), by adding at the end 

7 the following: 

8 ‘‘(ii) NONPROFIT ENTITY.—For any 

9 ecosystem restoration project carried out 

10 under this paragraph, with the consent of 

11 the affected local government, a nonprofit 

12 entity may be considered to be a non-Fed13 eral interest. 

14 ‘‘(iii) PROGRAM IMPLEMENTATION

15 PLAN.—There is authorized to be devel16 oped a program implementation plan of the 

17 Ohio River Basin (excluding the Tennessee 

18 and Cumberland River Basins) at full Fed19 eral expense. 

20 ‘‘(iv) PILOT PROGRAM.—There is au21 thorized to be initiated a completed pilot 

22 program in Lower Scioto Basin, Ohio.’’. 
158 

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1 SEC. 3044. PUBLIC ACCESS, ATCHAFALAYA BASIN 

2 FLOODWAY SYSTEM, LOUISIANA. 

3 The public access features of the Atchafalaya Basin 

4 Floodway System, Louisiana, project, authorized by the 

5 section 601(a) of the Water Resources Development Act 

6 of 1986 (100 Stat. 4142), are modified to authorize the 

7 Secretary to acquire from willing sellers the fee interest, 

8 exclusive of oil, gas, and minerals, of an additional 20,000 

9 acres of land in the Lower Atchafalaya Basin Flood for 

10 the public access feature of the Atchafalaya Basin 

11 Floodway System, Louisiana, to enhance fish and wildlife 

12 resources, at a total cost of $4,000,000. 

13 SEC. 3045. CALCASIEU RIVER AND PASS, LOUISIANA. 

14 The project for the Calcasieu River and Pass, Lou15 isiana, authorized by section 101 of the River and Harbor 

16 Act of 1960 (74 Stat. 481), is modified to authorize the 

17 Secretary to provide $3,000,000 for each fiscal year, in 

18 a total amount of $15,000,000, for such rock bank protec19 tion of the Calcasieu River from mile 5 to mile 16 as the 

20 Chief of Engineers determines to be advisable to reduce 

21 maintenance dredging needs and facilitate protection of 

22 valuable disposal areas for the Calcasieu River and Pass, 

23 Louisiana. 

24 SEC. 3046. EAST BATON ROUGE PARISH, LOUISIANA. 

25 The project for flood damage reduction and recre26 ation, East Baton Rouge Parish, Louisiana, authorized by 
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1 section 101(a)(21) of the Water Resources Development 

2 Act of 1999 (113 Stat. 277), as amended by section 116 

3 of the Consolidated Appropriations Resolution, 2003 (117 

4 Stat. 140), is modified to authorize the Secretary to carry 

5 out the project substantially in accordance with the Report 

6 of the Chief of Engineers dated December 23, 1996, and 

7 the subsequent Post Authorization Change Report dated 

8 August 2004, at a total cost of $178,000,000. 

9 SEC. 3047. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 

10 LOUISIANA. 

11 The project for mitigation of fish and wildlife losses, 

12 Red River Waterway, Louisiana, authorized by section 

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

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

15 Water Resources Development Act of 1988 (102 Stat. 

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

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

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

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

23 bottomland hardwood); and 

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

2 of the Corps of Engineers and the State of Lou3 isiana. 

4 SEC. 3048. CAMP ELLIS, SACO, MAINE. 

5 The maximum amount of Federal funds that may be 

6 expended for the project being carried out under section 

7 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

8 for the mitigation of shore damages attributable to the 

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

10 $20,000,000. 

11 SEC. 3049. UNION RIVER, MAINE. 

12 The project for navigation, Union River, Maine, au13 thorized by the first section of the Act of June 3, 1896 

14 (29 Stat. 215, chapter 314), is modified by redesignating 

15 as an anchorage area that portion of the project consisting 

16 of a 6-foot turning basin and lying northerly of a line com17 mencing at a point N. 315,975.13, E. 1,004,424.86, 

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

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

20 SEC. 3050. CHESAPEAKE BAY ENVIRONMENTAL RESTORA21 TION AND PROTECTION PROGRAM, MARY22 LAND, PENNSYLVANIA, AND VIRGINIA. 

23 Section 510(i) of the Water Resources Development 

24 Act of 1996 (110 Stat. 3761) is amended by striking 

25 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’. 
161 

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1 SEC. 3051. CUMBERLAND, MARYLAND. 

2 Section 580(a) of the Water Resources Development 

3 Act of 1999 (113 Stat. 375) is amended— 

4 (1) by striking ‘‘$15,000,000’’ and inserting 

5 ‘‘$25,750,000’’; 

6 (2) by striking ‘‘$9,750,000’’ and inserting 

7 ‘‘$16,738,000’’; and 

8 (3) by striking ‘‘$5,250,000’’ and inserting 

9 ‘‘$9,012,000’’. 

10 SEC. 3052. FALL RIVER HARBOR, MASSACHUSETTS AND 

11 RHODE ISLAND. 

12 (a) IN GENERAL.—Notwithstanding section 

13 1001(b)(2) of the Water Resources Development Act of 

14 1986 (33 U.S.C. 579a(b)(2)), the project for navigation, 

15 Fall River Harbor, Massachusetts and Rhode Island, au16 thorized by section 101 of the River and Harbor Act of 

17 1968 (82 Stat. 731), shall remain authorized to be carried 

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

19 that portion of the project extending riverward of the 

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

21 Somerset, Massachusetts, shall not exceed 35 feet. 

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

23 study to determine the feasibility of deepening that por24 tion of the navigation channel of the navigation project 

25 for Fall River Harbor, Massachusetts and Rhode Island, 

26 authorized by section 101 of the River and Harbor Act 
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1 of 1968 (82 Stat. 731), seaward of the Charles M. Braga, 

2 Jr. Memorial Bridge Fall River and Somerset, Massachu3 setts. 

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

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

6 day of the 5-year period beginning on the date of enact7 ment of this Act unless, during that period, funds have 

8 been obligated for construction (including planning and 

9 design) of the project. 

10 SEC. 3053. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI11 GAN. 

12 (a) DEFINITIONS.—In this section: 

13 (1) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the St. 

15 Clair River and Lake St. Clair, Michigan, that is in 

16 effect as of the date of enactment of this section. 

17 (2) PARTNERSHIP.—The term ‘‘Partnership’’ 

18 means the partnership established by the Secretary 

19 under subsection (b)(1). 

20 (b) PARTNERSHIP.— 

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

22 and lead a partnership of appropriate Federal agen23 cies (including the Environmental Protection Agen24 cy) and the State of Michigan (including political 

25 subdivisions of the State)— 
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1 (A) to promote cooperation among the 

2 Federal Government, State and local govern3 ments, and other involved parties in the man4 agement of the St. Clair River and Lake St. 

5 Clair watersheds; and 

6 (B) develop and implement projects con7 sistent with the management plan. 

8 (2) COORDINATION WITH ACTIONS UNDER

9 OTHER LAW.— 

10 (A) IN GENERAL.—Actions taken under 

11 this section by the Partnership shall be coordi12 nated with actions to restore and conserve the 

13 St. Clair River and Lake St. Clair and water14 sheds taken under other provisions of Federal 

15 and State law. 

16 (B) NO EFFECT ON OTHER LAW.—Nothing 

17 in this section alters, modifies, or affects any 

18 other provision of Federal or State law. 

19 (c) IMPLEMENTATION OF ST. CLAIR RIVER AND

20 LAKE ST. CLAIR MANAGEMENT PLAN.— 

21 (1) IN GENERAL.—The Secretary shall— 

22 (A) develop a St. Clair River and Lake St. 

23 Clair strategic implementation plan in accord24 ance with the management plan; 
164 

•S 728 IS 

1 (B) provide technical, planning, and engi2 neering assistance to non-Federal interests for 

3 developing and implementing activities con4 sistent with the management plan; 

5 (C) plan, design, and implement projects 

6 consistent with the management plan; and 

7 (D) provide, in coordination with the Ad8 ministrator of the Environmental Protection 

9 Agency, financial and technical assistance, in10 cluding grants, to the State of Michigan (in11 cluding political subdivisions of the State) and 

12 interested nonprofit entities for the planning, 

13 design, and implementation of projects to re14 store, conserve, manage, and sustain the St. 

15 Clair River, Lake St. Clair, and associated wa16 tersheds. 

17 (2) SPECIFIC MEASURES.—Financial and tech18 nical assistance provided under subparagraphs (B) 

19 and (C) of paragraph (1) may be used in support of 

20 non-Federal activities consistent with the manage21 ment plan. 

22 (d) SUPPLEMENTS TO MANAGEMENT PLAN AND

23 STRATEGIC IMPLEMENTATION PLAN.—In consultation 

24 with the Partnership and after providing an opportunity 
165 

•S 728 IS 

1 for public review and comment, the Secretary shall develop 

2 information to supplement— 

3 (1) the management plan; and 

4 (2) the strategic implementation plan developed 

5 under subsection (c)(1)(A). 

6 (e) COST SHARING.— 

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

8 share of the cost of technical assistance, or the cost 

9 of planning, design, construction, and evaluation of 

10 a project under subsection (c), and the cost of devel11 opment of supplementary information under sub12 section (d)— 

13 (A) shall be 25 percent of the total cost of 

14 the project or development; and 

15 (B) may be provided through the provision 

16 of in-kind services. 

17 (2) CREDIT FOR LAND, EASEMENTS, AND

18 RIGHTS-OF-WAY.—The Secretary shall credit the 

19 non-Federal sponsor for the value of any land, ease20 ments, rights-of-way, dredged material disposal 

21 areas, or relocations provided for use in carrying out 

22 a project under subsection (c). 

23 (3) NONPROFIT ENTITIES.—Notwithstanding 

24 section 221 of the Flood Control Act of 1970 (42 

25 U.S.C. 1962d–5b), a non-Federal sponsor for any 
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1 project carried out under this section may include a 

2 nonprofit entity. 

3 (4) OPERATION AND MAINTENANCE.—The op4 eration, maintenance, repair, rehabilitation, and re5 placement of projects carried out under this section 

6 shall be non-Federal responsibilities. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $10,000,000 for each fiscal year. 

10 SEC. 3054. DULUTH HARBOR, MINNESOTA. 

11 (a) IN GENERAL.—Notwithstanding the cost limita12 tion described in section 107(b) of the River and Harbor 

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

14 out the project for navigation, Duluth Harbor, Minnesota, 

15 pursuant to the authority provided under that section at 

16 a total Federal cost of $9,000,000. 

17 (b) PUBLIC ACCESS AND RECREATIONAL FACILI18 TIES.—Section 321 of the Water Resources Development 

19 Act of 2000 (114 Stat. 2605) is amended by inserting ‘‘, 

20 and to provide public access and recreational facilities’’ 

21 after ‘‘including any required bridge construction’’. 

22 SEC. 3055. LAND EXCHANGE, PIKE COUNTY, MISSOURI. 

23 (a) DEFINITIONS.—In this section: 

24 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

25 means the 2 parcels of Corps of Engineers land to-
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•S 728 IS 

1 taling approximately 42 acres, located on Buffalo Is2 land in Pike County, Missouri, and consisting of 

3 Government Tract Numbers MIs–7 and a portion of 

4 FM–46. 

5 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed6 eral land’’ means the approximately 42 acres of 

7 land, subject to any existing flowage easements situ8 ated in Pike County, Missouri, upstream and north9 west, about 200 feet from Drake Island (also known 

10 as Grimes Island). 

11 (b) LAND EXCHANGE.—Subject to subsection (c), on 

12 conveyance by S.S.S., Inc., to the United States of all 

13 right, title, and interest in and to the non-Federal land, 

14 the Secretary shall convey to S.S.S., Inc., all right, title, 

15 and interest of the United States in and to the Federal 

16 land. 

17 (c) CONDITIONS.— 

18 (1) DEEDS.— 

19 (A) NON-FEDERAL LAND.—The convey20 ance of the non-Federal land to the Secretary 

21 shall be by a warranty deed acceptable to the 

22 Secretary. 

23 (B) FEDERAL LAND.—The conveyance of 

24 the Federal land to S.S.S., Inc., shall be— 

25 (i) by quitclaim deed; and 
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•S 728 IS 

1 (ii) subject to any reservations, terms, 

2 and conditions that the Secretary deter3 mines to be necessary to allow the United 

4 States to operate and maintain the Mis5 sissippi River 9-Foot Navigation Project. 

6 (C) LEGAL DESCRIPTIONS.—The Secretary 

7 shall, subject to approval of S.S.S., Inc., pro8 vide a legal description of the Federal land and 

9 non-Federal land for inclusion in the deeds re10 ferred to in subparagraphs (A) and (B). 

11 (2) REMOVAL OF IMPROVEMENTS.— 

12 (A) IN GENERAL.—The Secretary may re13 quire the removal of, or S.S.S., Inc., may volun14 tarily remove, any improvements to the non15 Federal land before the completion of the ex16 change or as a condition of the exchange. 

17 (B) NO LIABILITY.—If S.S.S., Inc., re18 moves any improvements to the non-Federal 

19 land under subparagraph (A)— 

20 (i) S.S.S., Inc., shall have no claim 

21 against the United States relating to the 

22 removal; and 

23 (ii) the United States shall not incur 

24 or be liable for any cost associated with the 

25 removal or relocation of the improvements. 
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1 (3) ADMINISTRATIVE COSTS.—The Secretary 

2 shall require S.S.S., Inc. to pay reasonable adminis3 trative costs associated with the exchange. 

4 (4) CASH EQUALIZATION PAYMENT.—If the ap5 praised fair market value, as determined by the Sec6 retary, of the Federal land exceeds the appraised 

7 fair market value, as determined by the Secretary, 

8 of the non-Federal land, S.S.S., Inc., shall make a 

9 cash equalization payment to the United States. 

10 (5) DEADLINE.—The land exchange under sub11 section (b) shall be completed not later than 2 years 

12 after the date of enactment of this Act. 

13 SEC. 3056. UNION LAKE, MISSOURI. 

14 (a) IN GENERAL.—The Secretary shall offer to con15 vey to the State of Missouri, before January 31, 2005, 

16 all right, title, and interest in and to approximately 205.50 

17 acres of land described in subsection (b) purchased for the 

18 Union Lake Project that was deauthorized as of January 

19 1, 1990 (55 Fed. Reg. 40906) in accordance with section 

20 1001 of the Water Resources Development Act of 1986 

21 (33 U.S.C. 579a(a)). 

22 (b) LAND DESCRIPTION.—The land referred to in 

23 subsection (a) is described as follows: 

24 (1) TRACT 500.—A tract of land situated in 

Franklin County, Missouri, being part of the SW1 25 ⁄4
170 

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of sec. 7, and the NW1⁄4 of the SW1 1 ⁄4 of sec. 8, T. 

2 42 N., R. 2 W. of the fifth principal meridian, con3 sisting of approximately 112.50 acres. 

4 (2) TRACT 605.—A tract of land situated in 

Franklin County, Missouri, being part of the N1 5 ⁄2 of 

6 the NE, and part of the SE of the NE of sec. 18, 

7 T. 42 N., R. 2 W. of the fifth principal meridian, 

8 consisting of approximately 93.00 acres. 

9 (c) CONVEYANCE.—Upon acceptance by the State of 

10 Missouri of the offer by the Secretary under subsection 

11 (a), the land described in subsection (b) shall immediately 

12 be conveyed, in its current condition, by Secretary to the 

13 State of Missouri. 

14 SEC. 3057. FORT PECK FISH HATCHERY, MONTANA. 

15 Section 325(f)(1)(A) of the Water Resources Devel16 opment Act of 2000 (114 Stat. 2607) is amended by strik17 ing ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

18 SEC. 3058. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE19 VADA. 

20 The maximum amount of Federal funds that may be 

21 expended for the project being carried out, as of the date 

22 of enactment of this Act, under section 1135 of the Water 

23 Resources Development Act of 1986 (33 U.S.C. 2309a) 

24 for environmental restoration of McCarran Ranch, Ne25 vada, shall be $5,775,000. 
171 

•S 728 IS 

1 SEC. 3059. MIDDLE RIO GRANDE RESTORATION, NEW MEX2 ICO. 

3 (a) RESTORATION PROJECTS.— 

4 (1) DEFINITION.—The term ‘‘restoration 

5 project’’ means a project that will produce, con6 sistent with other Federal programs, projects, and 

7 activities, immediate and substantial ecosystem res8 toration and recreation benefits. 

9 (2) PROJECTS.—The Secretary shall carry out 

10 restoration projects in the Middle Rio Grande from 

11 Cochiti Dam to the headwaters of Elephant Butte 

12 Reservoir, in the State of New Mexico. 

13 (b) PROJECT SELECTION.—The Secretary shall select 

14 restoration projects in the Middle Rio Grande. 

15 (c) LOCAL PARTICIPATION.—In carrying out sub16 section (b), the Secretary shall consult with, and consider 

17 the activities being carried out by— 

18 (1) the Middle Rio Grande Endangered Species 

19 Act Collaborative Program; and 

20 (2) the Bosque Improvement Group of the Mid21 dle Rio Grande Bosque Initiative. 

22 (d) COST SHARING.—Before carrying out any res23 toration project under this section, the Secretary shall 

24 enter into an agreement with non-Federal interests that 

25 requires the non-Federal interests to— 
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•S 728 IS 

1 (1) provide 35 percent of the total cost of the 

2 restoration projects including provisions for nec3 essary lands, easements, rights-of-way, relocations, 

4 and disposal sites; 

5 (2) pay 100 percent of the operation, mainte6 nance, repair, replacement, and rehabilitation costs 

7 incurred after the date of the enactment of this Act 

8 that are associated with the restoration projects; and 

9 (3) hold the United States harmless for any 

10 claim of damage that arises from the negligence of 

11 the Federal Government or a contractor of the Fed12 eral Government. 

13 (e) NON-FEDERAL INTERESTS.—Not withstanding 

14 section 221 of the Flood Control Act of 1970 (42 U.S.C. 

15 1962d–5b), a non-Federal interest for any project carried 

16 out under this section may include a nonprofit entity, with 

17 the consent of the local government. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $25,000,000 to carry out 

20 this section. 

21 SEC. 3060. LONG ISLAND SOUND OYSTER RESTORATION, 

22 NEW YORK AND CONNECTICUT. 

23 (a) IN GENERAL.—The Secretary shall plan, design, 

24 and construct projects to increase aquatic habitats within 

25 Long Island Sound and adjacent waters, including the 
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1 construction and restoration of oyster beds and related 

2 shellfish habitat. 

3 (b) COST-SHARING.—The non-Federal share of the 

4 cost of activities carried out under this section shall be 

5 25 percent and may be provided through in-kind services 

6 and materials. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $25,000,000 to carry out 

9 this section. 

10 SEC. 3061. ORCHARD BEACH, BRONX, NEW YORK. 

11 Section 554 of the Water Resources Development Act 

12 of 1996 (110 Stat. 3781) is amended by striking 

13 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’. 

14 SEC. 3062. NEW YORK HARBOR, NEW YORK, NEW YORK. 

15 Section 217 of the Water Resources Development Act 

16 of 1996 (33 U.S.C. 2326a) is amended— 

17 (1) by redesignating subsection (c) as sub18 section (d); 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) DREDGED MATERIAL FACILITY.— 

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

23 into cost-sharing agreements with 1 or more non24 Federal public interests with respect to a project, or 

25 group of projects within a geographic region, if ap-
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1 propriate, for the acquisition, design, construction, 

2 management, or operation of a dredged material 

3 processing, treatment, contaminant reduction, or 

4 disposal facility (including any facility used to dem5 onstrate potential beneficial uses of dredged mate6 rial, which may include effective sediment contami7 nant reduction technologies) using funds provided in 

8 whole or in part by the Federal Government. 

9 ‘‘(2) PERFORMANCE.—One or more of the par10 ties to the agreement may perform the acquisition, 

11 design, construction, management, or operation of a 

12 dredged material processing, treatment, contaminant 

13 reduction, or disposal facility. 

14 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If ap15 propriate, the Secretary may combine portions of 

16 separate Federal projects with appropriate combined 

17 cost-sharing between the various projects, if the fa18 cility serves to manage dredged material from mul19 tiple Federal projects located in the geographic re20 gion of the facility. 

21 ‘‘(4) PUBLIC FINANCING.— 

22 ‘‘(A) AGREEMENTS.— 

23 ‘‘(i) SPECIFIED FEDERAL FUNDING

24 SOURCES AND COST SHARING.—The cost- 
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1 sharing agreement used shall clearly speci2 fy— 

3 ‘‘(I) the Federal funding sources 

4 and combined cost-sharing when ap5 plicable to multiple Federal navigation 

6 projects; and 

7 ‘‘(II) the responsibilities and 

8 risks of each of the parties related to 

9 present and future dredged material 

10 managed by the facility. 

11 ‘‘(ii) MANAGEMENT OF SEDIMENTS.— 

12 ‘‘(I) IN GENERAL.—The cost13 sharing agreement may include the 

14 management of sediments from the 

15 maintenance dredging of Federal 

16 navigation projects that do not have 

17 partnerships agreements. 

18 ‘‘(II) PAYMENTS.—The cost19 sharing agreement may allow the non20 Federal interest to receive reimburs21 able payments from the Federal Gov22 ernment for commitments made by 

23 the non-Federal interest for disposal 

24 or placement capacity at dredged ma-
176 

•S 728 IS 

1 terial treatment, processing, contami2 nant reduction, or disposal facilities. 

3 ‘‘(iii) CREDIT.—The cost-sharing 

4 agreement may allow costs incurred prior 

5 to execution of a partnership agreement 

6 for construction or the purchase of equip7 ment or capacity for the project to be cred8 ited according to existing cost-sharing 

9 rules. 

10 ‘‘(B) CREDIT.— 

11 ‘‘(i) EFFECT ON EXISTING AGREE12 MENTS.—Nothing in this subsection super13 sedes or modifies an agreement in effect on 

14 the date of enactment of this paragraph 

15 between the Federal Government and any 

16 other non-Federal interest for the cost17 sharing, construction, and operation and 

18 maintenance of a Federal navigation 

19 project. 

20 ‘‘(ii) CREDIT FOR FUNDS.—Subject to 

21 the approval of the Secretary and in ac22 cordance with law (including regulations 

23 and policies) in effect on the date of enact24 ment of this paragraph, a non-Federal 

25 public interest of a Federal navigation 
177 

•S 728 IS 

1 project may seek credit for funds provided 

2 for the acquisition, design, construction, 

3 management, or operation of a dredged 

4 material processing, treatment, or disposal 

5 facility to the extent the facility is used to 

6 manage dredged material from the Federal 

7 navigation project. 

8 ‘‘(iii) NON-FEDERAL INTEREST RE9 SPONSIBILITIES.—The non-Federal inter10 est shall— 

11 ‘‘(I) be responsible for providing 

12 all necessary land, easement rights-of13 way, or relocations associated with the 

14 facility; and 

15 ‘‘(II) receive credit for those 

16 items.’’; and 

17 (3) in paragraphs (1) and (2)(A) of subsection 

18 (d) (as so redesignated)— 

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

20 ‘‘operation’’ each place it appears; and 

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

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

23 appears in each of those paragraphs. 
178 

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1 SEC. 3063. ONONDAGA LAKE, NEW YORK. 

2 Section 573 of the Water Resources Development Act 

3 of 1999 (113 Stat. 372) is amended— 

4 (1) in subsection (f), by striking ‘‘$10,000,000’’ 

5 and inserting ‘‘$30,000,000’’; 

6 (2) by redesignating subsections (f) and (g) as 

7 subsections (g) and (h), respectively; and 

8 (3) by inserting after subsection (e) the fol9 lowing: 

10 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec11 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

12 1962d–5b(b)), for any project carried out under this sec13 tion, a non-Federal interest may include a nonprofit enti14 ty, with the consent of the affected local government.’’. 

15 SEC. 3064. MISSOURI RIVER RESTORATION, NORTH DA16 KOTA. 

17 Section 707(a) of the Water Resources Act of 2000 

18 (114 Stat. 2699) is amended in the first sentence by strik19 ing ‘‘2005’’ and inserting ‘‘2010’’. 

20 SEC. 3065. LOWER GIRARD LAKE DAM, GIRARD, OHIO. 

21 Section 507(1) of the Water Resources Development 

22 Act of 1996 (110 Stat. 3758) is amended— 

23 (1) by striking ‘‘$2,500,000’’ and inserting 

24 ‘‘$5,500,000’’; and 

25 (2) by adding before the period at the end the 

26 following: ‘‘(which repair and rehabilitation shall in-
179 

•S 728 IS 

1 clude lowering the crest of the Dam by not more 

2 than 12.5 feet)’’. 

3 SEC. 3066. TOUSSAINT RIVER NAVIGATION PROJECT, CAR4 ROLL TOWNSHIP, OHIO. 

5 Increased operation and maintenance activities for 

6 the Toussaint River Federal Navigation Project, Carroll 

7 Township, Ohio, that are carried out in accordance with 

8 section 107 of the River and Harbor Act of 1960 (33 

9 U.S.C. 577) and relate directly to the presence of 

10 unexploded ordnance, shall be carried out at full Federal 

11 expense. 

12 SEC. 3067. ARCADIA LAKE, OKLAHOMA. 

13 Payments made by the city of Edmond, Oklahoma, 

14 to the Secretary in October 1999 of all costs associated 

15 with present and future water storage costs at Arcadia 

16 Lake, Oklahoma, under Arcadia Lake Water Storage Con17 tract Number DACW56–79–C–002 shall satisfy the obli18 gations of the city under that contract. 

19 SEC. 3068. WAURIKA LAKE, OKLAHOMA. 

20 The remaining obligation of the Waurika Project 

21 Master Conservancy District payable to the United States 

22 Government in the amounts, rates of interest, and pay23 ment schedules— 
180 

•S 728 IS 

1 (1) is set at the amounts, rates of interest, and 

2 payment schedules that existed on June 3, 1986; 

3 and 

4 (2) may not be adjusted, altered, or changed 

5 without a specific, separate, and written agreement 

6 between the District and the United States. 

7 SEC. 3069. LOOKOUT POINT, DEXTER LAKE PROJECT, LOW8 ELL, OREGON. 

9 (a) IN GENERAL.—Subject to subsections (b) and (c), 

10 the Secretary shall convey at fair market value to the com11 munity of Lowell, Oregon, all right, title, and interest of 

12 the United States in and to a parcel of land consisting 

13 of approximately 0.98 acres located in Lane County, Or14 egon. 

15 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

16 exact acreage and the description of the real property re17 ferred to in subsection (a) shall be determined by a survey 

18 that is satisfactory to the Secretary. 

19 (c) CONDITION.—The Secretary shall not complete 

20 the conveyance under subsection (a) until such time as the 

21 United States Forest Service— 

22 (1) completes and certifies that necessary envi23 ronmental remediation associated with the structures 

24 located on the property is complete; and 
181 

•S 728 IS 

1 (2) transfers the structures to the Corps of En2 gineers. 

3 SEC. 3070. UPPER WILLAMETTE RIVER WATERSHED ECO4 SYSTEM RESTORATION. 

5 (a) IN GENERAL.—The Secretary shall conduct stud6 ies and ecosystem restoration projects for the upper Wil7 lamette River watershed from Albany, Oregon, to the 

8 headwaters of the Willamette River and tributaries. 

9 (b) CONSULTATION.—The Secretary shall carry out 

10 ecosystem restoration projects under this section for the 

11 Upper Willamette River watershed in consultation with 

12 the Governor of the State of Oregon, the heads of appro13 priate Indian tribes, the Environmental Protection Agen14 cy, the United States Fish and Wildlife Service, the Na15 tional Marine Fisheries Service, the Bureau of Land Man16 agement, the Forest Service, and local entities. 

17 (c) AUTHORIZED ACTIVITIES.—In carrying out eco18 system restoration projects under this section, the Sec19 retary shall undertake activities necessary to protect, mon20 itor, and restore fish and wildlife habitat. 

21 (d) COST SHARING REQUIREMENTS.— 

22 (1) STUDIES.—Studies conducted under this 

23 section shall be subject to cost sharing in accordance 

24 with section 206 of the Water Resources Develop25 ment Act of 1996 (33 U.S.C. 2330). 
182 

•S 728 IS 

1 (2) ECOSYSTEM RESTORATION PROJECTS.— 

2 (A) IN GENERAL.—Non-Federal interests 

3 shall pay 35 percent of the cost of any eco4 system restoration project carried out under 

5 this section. 

6 (B) ITEMS PROVIDED BY NON-FEDERAL

7 INTERESTS.— 

8 (i) IN GENERAL.—Non-Federal inter9 ests shall provide all land, easements, 

10 rights-of-way, dredged material disposal 

11 areas, and relocations necessary for eco12 system restoration projects to be carried 

13 out under this section. 

14 (ii) CREDIT TOWARD PAYMENT.—The 

15 value of the land, easements, rights-of-way, 

16 dredged material disposal areas, and relo17 cations provided under paragraph (1) shall 

18 be credited toward the payment required 

19 under subsection (a). 

20 (C) IN-KIND CONTRIBUTIONS.—100 per21 cent of the non-Federal share required under 

22 subsection (a) may be satisfied by the provision 

23 of in-kind contributions. 

24 (3) OPERATIONS AND MAINTENANCE.—Non25 Federal interests shall be responsible for all costs as-
183 

•S 728 IS 

1 sociated with operating, maintaining, replacing, re2 pairing, and rehabilitating all projects carried out 

3 under this section. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $15,000,000. 

7 SEC. 3071. TIOGA TOWNSHIP, PENNSYLVANIA. 

8 (a) IN GENERAL.—The Secretary shall convey to the 

9 Tioga Township, Pennsylvania, at fair market value, all 

10 right, title, and interest in and to the parcel of real prop11 erty located on the northeast end of Tract No. 226, a por12 tion of the Tioga-Hammond Lakes Floods Control 

13 Project, Tioga County, Pennsylvania, consisting of ap14 proximately 8 acres, together with any improvements on 

15 that property, in as-is condition, for public ownership and 

16 use as the site of the administrative offices and road main17 tenance complex for the Township. 

18 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

19 exact acreage and the legal description of the real property 

20 described in subsection (a) shall be determined by a survey 

21 that is satisfactory to the Secretary. 

22 (c) RESERVATION OF INTERESTS.—The Secretary 

23 shall reserve such rights and interests in and to the prop24 erty to be conveyed as the Secretary considers necessary 
184 

•S 728 IS 

1 to preserve the operational integrity and security of the 

2 Tioga-Hammond Lakes Flood Control Project. 

3 (d) REVERSION.—If the Secretary determines that 

4 the property conveyed under subsection (a) ceases to be 

5 held in public ownership, or to be used as a site for the 

6 Tioga Township administrative offices and road mainte7 nance complex or for related public purposes, all right, 

8 title, and interest in and to the property shall revert to 

9 the United States, at the option of the United States. 

10 SEC. 3072. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL11 VANIA AND NEW YORK. 

12 Section 567 if the Water Resources Development Act 

13 of 1996 (110 Stat. 3787) is amended— 

14 (1) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) COOPERATION AGREEMENTS.— 

17 ‘‘(1) IN GENERAL.—In conducting the study 

18 and implementing the strategy under this section, 

19 the Secretary shall enter into cost-sharing and 

20 project cooperation agreements with the Federal 

21 Government, State and local governments (with the 

22 consent of the State and local governments), land 

23 trusts, or nonprofit, nongovernmental organizations 

24 with expertise in wetland restoration. 
185 

•S 728 IS 

1 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co2 operation agreement, the Secretary may provide as3 sistance for implementation of wetland restoration 

4 projects and soil and water conservation measures.’’; 

5 and 

6 (2) by striking subsection (d) and inserting the 

7 following: 

8 ‘‘(d) IMPLEMENTATION OF STRATEGY.— 

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

10 out the development, demonstration, and implemen11 tation of the strategy under this section in coopera12 tion with local landowners, local government offi13 cials, and land trusts. 

14 ‘‘(2) GOALS OF PROJECTS.—Projects to imple15 ment the strategy under this subsection shall be de16 signed to take advantage of ongoing or planned ac17 tions by other agencies, local municipalities, or non18 profit, nongovernmental organizations with expertise 

19 in wetland restoration that would increase the effec20 tiveness or decrease the overall cost of implementing 

21 recommended projects.’’. 
186 

•S 728 IS 

1 SEC. 3073. 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. 3074. SOUTH CAROLINA DEPARTMENT OF COMMERCE 

16 DEVELOPMENT PROPOSAL AT RICHARD B. 

17 RUSSELL LAKE, SOUTH CAROLINA. 

18 (a) IN GENERAL.—The Secretary shall convey to the 

19 State of South Carolina, by quitclaim deed, all right, title, 

20 and interest of the United States in and to the parcels 

21 of land described in subsection (b)(1) that are managed, 

22 as of the date of enactment of this Act, by the South Caro23 lina Department of Commerce for public recreation pur24 poses for the Richard B. Russell Dam and Lake, South 

25 Carolina, project authorized by section 203 of the Flood 

26 Control Act of 1966 (80 Stat. 1420). 
187 

•S 728 IS 

1 (b) LAND DESCRIPTION.— 

2 (1) IN GENERAL.—Subject to paragraphs (2) 

3 and (3), the parcels of land referred to in subsection 

4 (a) are the parcels contained in the portion of land 

5 described in Army Lease Number DACW21–1–92– 

6 0500. 

7 (2) RETENTION OF INTERESTS.—The United 

8 States shall retain— 

9 (A) ownership of all land included in the 

10 lease referred to in paragraph (1) that would 

11 have been acquired for operational purposes in 

12 accordance with the 1971 implementation of the 

13 1962 Army/Interior Joint Acquisition Policy; 

14 and 

15 (B) such other land as is determined by 

16 the Secretary to be required for authorized 

17 project purposes, including easement rights-of18 way to remaining Federal land. 

19 (3) SURVEY.—The exact acreage and legal de20 scription of the land described in paragraph (1) shall 

21 be determined by a survey satisfactory to the Sec22 retary, with the cost of the survey to be paid by the 

23 State. 

24 (c) GENERAL PROVISIONS.— 
188 

•S 728 IS 

1 (1) APPLICABILITY OF PROPERTY SCREENING

2 PROVISIONS.—Section 2696 of title 10, United 

3 States Code, shall not apply to the conveyance under 

4 this section. 

5 (2) ADDITIONAL TERMS AND CONDITIONS.— 

6 The Secretary may require that the conveyance 

7 under this section be subject to such additional 

8 terms and conditions as the Secretary considers ap9 propriate to protect the interests of the United 

10 States. 

11 (3) COSTS OF CONVEYANCE.— 

12 (A) IN GENERAL.—The State shall be re13 sponsible for all costs, including real estate 

14 transaction and environmental compliance 

15 costs, associated with the conveyance under this 

16 section. 

17 (B) FORM OF CONTRIBUTION.—As deter18 mined appropriate by the Secretary, in lieu of 

19 payment of compensation to the United States 

20 under subparagraph (A), the State may per21 form certain environmental or real estate ac22 tions associated with the conveyance under this 

23 section if those actions are performed in close 

24 coordination with, and to the satisfaction of, the 

25 United States. 
189 

•S 728 IS 

1 (4) LIABILITY.—The State shall hold the 

2 United States harmless from any liability with re3 spect to activities carried out, on or after the date 

4 of the conveyance, on the real property conveyed 

5 under this section. 

6 (d) ADDITIONAL TERMS AND CONDITIONS.— 

7 (1) IN GENERAL.—The State shall pay fair 

8 market value consideration, as determined by the 

9 United States, for any land included in the convey10 ance under this section. 

11 (2) NO EFFECT ON SHORE MANAGEMENT POL12 ICY.—The Shoreline Management Policy (ER–1130– 

13 2–406) of the Corps of Engineers shall not be 

14 changed or altered for any proposed development of 

15 land conveyed under this section. 

16 (3) FEDERAL STATUTES.—The conveyance 

17 under this section shall be subject to the National 

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

19 et seq.) (including public review under that Act) and 

20 other Federal statutes. 

21 (4) COST SHARING.—In carrying out the con22 veyance under this section, the Secretary and the 

23 State shall comply with all obligations of any cost 

24 sharing agreement between the Secretary and the 

25 State in effect as of the date of the conveyance. 
190 

•S 728 IS 

1 (5) LAND NOT CONVEYED.—The State shall 

2 continue to manage the land not conveyed under this 

3 section in accordance with the terms and conditions 

4 of Army Lease Number DACW21–1–92–0500. 

5 SEC. 3075. MISSOURI RIVER RESTORATION, SOUTH DA6 KOTA. 

7 (a) MEMBERSHIP.—Section 904(b)(1)(B) of the 

8 Water Resources Development Act of 2000 (114 Stat. 

9 2708) is amended— 

10 (1) in clause (vii), by striking ‘‘and’’ at the end; 

11 (2) by redesignating clause (viii) as clause (ix); 

12 and 

13 (3) by inserting after clause (vii) the following: 

14 ‘‘(viii) rural water systems; and’’. 

15 (b) REAUTHORIZATION.—Section 907(a) of the 

16 Water Resources Development Act of 2000 (114 Stat. 

17 2712) is amended in the first sentence by striking ‘‘2005’’ 

18 and inserting ‘‘2010’’. 

19 SEC. 3076. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN20 HANCEMENT PROJECT. 

21 Section 514 of the Water Resources Development Act 

22 of 1999 (113 Stat. 343; 117 Stat. 142) is amended— 

23 (1) by redesignating subsections (f) and (g) as 

24 subsections (h) and (i), respectively; 
191 

•S 728 IS 

1 (2) in subsection (h) (as redesignated by para2 graph (1)), by striking paragraph (1) and inserting 

3 the following: 

4 ‘‘(1) NON-FEDERAL SHARE.— 

5 ‘‘(A) IN GENERAL.—The non-Federal 

6 share of the cost of projects may be provided— 

7 ‘‘(i) in cash; 

8 ‘‘(ii) by the provision of land, ease9 ments, rights-of-way, relocations, or dis10 posal areas; 

11 ‘‘(iii) by in-kind services to implement 

12 the project; or 

13 ‘‘(iv) by any combination of the fore14 going. 

15 ‘‘(B) PRIVATE OWNERSHIP.—Land needed 

16 for a project under this authority may remain 

17 in private ownership subject to easements that 

18 are— 

19 ‘‘(i) satisfactory to the Secretary; and 

20 ‘‘(ii) necessary to assure achievement 

21 of the project purposes.’’; 

22 (3) in subsection (i) (as redesignated by para23 graph (1)), by striking ‘‘for the period of fiscal years 

24 2000 and 2001.’’ and inserting ‘‘per year, and that 
192 

•S 728 IS 

1 authority shall extend until Federal fiscal year 

2 2015.’’; and 

3 (4) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec6 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

7 1962d–5b(b)), for any project undertaken under this sec8 tion, a non-Federal interest may include a nonprofit entity 

9 with the consent of the affected local government. 

10 ‘‘(g) COST LIMITATION.—Not more than $5,000,000 

11 in Federal funds may be allotted under this section for 

12 a project at any single locality.’’ 

13 SEC. 3077. ANDERSON CREEK, JACKSON AND MADISON 

14 COUNTIES, TENNESSEE. 

15 (a) IN GENERAL.—The Secretary may carry out a 

16 project for flood damage reduction under section 205 of 

17 the Flood Control Act of 1948 (33 U.S.C. 701s) at Ander18 son Creek, Jackson and Madison Counties, Tennessee, if 

19 the Secretary determines that the project is technically 

20 sound, environmentally acceptable, and economically justi21 fied. 

22 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU23 TARIES PROJECT, TENNESSEE.—Consistent with the re24 port of the Chief of Engineers dated March 24, 1948, on 

25 the West Tennessee Tributaries project— 
193 

•S 728 IS 

1 (1) Anderson Creek shall not be considered to 

2 be an authorized channel of the West Tennessee 

3 Tributaries Project; and 

4 (2) the Anderson Creek flood damage reduction 

5 project shall not be considered to be part of the 

6 West Tennessee Tributaries Project. 

7 SEC. 3078. HARRIS FORK CREEK, TENNESSEE AND KEN8 TUCKY. 

9 Notwithstanding section 1001(b)(1) of the Water Re10 sources Development Act of 1986 (33 U.S.C. 579a), the 

11 project for flood control, Harris Fork Creek, Tennessee 

12 and Kentucky, authorized by section 102 of the Water Re13 sources Development Act of 1976 (33 U.S.C. 701c note; 

14 90 Stat. 2920) shall remain authorized to be carried out 

15 by the Secretary for a period of 7 years beginning on the 

16 date of enactment of this Act. 

17 SEC. 3079. NONCONNAH WEIR, MEMPHIS, TENNESSEE. 

18 The project for flood control, Nonconnah Creek, Ten19 nessee and Mississippi, authorized by section 401 of the 

20 Water Resources Development Act of 1986 (100 Stat. 

21 4124) and modified by the section 334 of the Water Re22 sources Development Act of 2000 (114 Stat. 2611), is 

23 modified to authorize the Secretary— 
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1 (1) to reconstruct, at full Federal expense, the 

2 weir originally constructed in the vicinity of the 

3 mouth of Nonconnah Creek; and 

4 (2) to make repairs and maintain the weir in 

5 the future so that the weir functions properly. 

6 SEC. 3080. OLD HICKORY LOCK AND DAM, CUMBERLAND 

7 RIVER, TENNESSEE. 

8 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, 

9 RESERVATIONS.—With respect to land conveyed by the 

10 Secretary to the Tennessee Society of Crippled Children 

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

12 Seals Tennessee’’) at Old Hickory Lock and Dam, Cum13 berland River, Tennessee, under section 211 of the Flood 

14 Control Act of 1965 (79 Stat. 1087), the reversionary in15 terests and the use restrictions relating to recreation and 

16 camping purposes are extinguished. 

17 (b) INSTRUMENT OF RELEASE.—As soon as prac18 ticable after the date of enactment of this Act, the Sec19 retary shall execute and file in the appropriate office a 

20 deed of release, amended deed, or other appropriate in21 strument effectuating the release of interests required by 

22 paragraph (1). 

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

24 section affects any remaining right or interest of the Corps 
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1 of Engineers with respect to an authorized purpose of any 

2 project. 

3 SEC. 3081. SANDY CREEK, JACKSON COUNTY, TENNESSEE. 

4 (a) IN GENERAL.—The Secretary may carry out a 

5 project for flood damage reduction under section 205 of 

6 the Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy 

7 Creek, Jackson County, Tennessee, if the Secretary deter8 mines that the project is technically sound, environ9 mentally acceptable, and economically justified. 

10 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU11 TARIES PROJECT, TENNESSEE.—Consistent with the re12 port of the Chief of Engineers dated March 24, 1948, on 

13 the West Tennessee Tributaries project— 

14 (1) Sandy Creek shall not be considered to be 

15 an authorized channel of the West Tennessee Tribu16 taries Project; and 

17 (2) the Sandy Creek flood damage reduction 

18 project shall not be considered to be part of the 

19 West Tennessee Tributaries Project. 

20 SEC. 3082. 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 
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1 construction of a navigation channel that is 10 feet deep 

2 by 100 feet wide’’. 

3 SEC. 3083. FREEPORT HARBOR, TEXAS. 

4 (a) IN GENERAL.—The project for navigation, Free5 port Harbor, Texas, authorized by section 101 of the River 

6 and Harbor Act of 1970 (84 Stat. 1818), is modified to 

7 provide that— 

8 (1) all project costs incurred as a result of the 

9 discovery of the sunken vessel COMSTOCK of the 

10 Corps of Engineers are a Federal responsibility; and 

11 (2) the Secretary shall not seek further obliga12 tion or responsibility for removal of the vessel COM13 STOCK, or costs associated with a delay due to the 

14 discovery of the sunken vessel COMSTOCK, from 

15 the Port of Freeport. 

16 (b) COST SHARING.—This section does not affect the 

17 authorized cost sharing for the balance of the project de18 scribed in subsection (a). 

19 SEC. 3084. HARRIS COUNTY, TEXAS. 

20 Section 575(b) of the Water Resources Development 

21 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amend22 ed— 

23 (1) in paragraph (3), by striking ‘‘and’’ at the 

24 end; 
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1 (2) in paragraph (4), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding the following: 

4 ‘‘(5) the project for flood control, Upper White 

5 Oak Bayou, Texas, authorized by section 401(a) of 

6 the Water Resources Development Act of 1986 (100 

7 Stat. 4125).’’. 

8 SEC. 3085. DAM REMEDIATION, VERMONT. 

9 Section 543 of the Water Resources Development Act 

10 of 2000 (114 Stat. 2673) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (3), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

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

17 ‘‘(4) may carry out measures to restore, pro18 tect, and preserve an ecosystem affected by a dam 

19 described in subsection (b).’’; and 

20 (2) in subsection (b), by adding at the end the 

21 following: 

22 ‘‘(11) Camp Wapanacki, Hardwick. 

23 ‘‘(12) Star Lake Dam, Mt. Holly. 

24 ‘‘(13) Curtis Pond, Calais. 

25 ‘‘(14) Weathersfield Reservoir, Springfield. 
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1 ‘‘(15) Burr Pond, Sudbury. 

2 ‘‘(16) Maidstone Lake, Guildhall. 

3 ‘‘(17) Upper and Lower Hurricane Dam. 

4 ‘‘(18) Lake Fairlee. 

5 ‘‘(19) West Charleston Dam.’’. 

6 SEC. 3086. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER 

7 CHESTNUT, AND OTHER NONNATIVE PLANT 

8 CONTROL, VERMONT. 

9 Under authority of section 104 of the River and Har10 bor Act of 1958 (33 U.S.C. 610), the Secretary shall re11 vise the existing General Design Memorandum to permit 

12 the use of chemical means of control, when appropriate, 

13 of Eurasian milfoil, water chestnuts, and other nonnative 

14 plants in the Lake Champlain basin, Vermont. 

15 SEC. 3087. UPPER CONNECTICUT RIVER BASIN WETLAND 

16 RESTORATION, VERMONT AND NEW HAMP17 SHIRE. 

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.— 
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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. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000, to remain available until expended. 

4 SEC. 3088. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 

5 RESTORATION, VERMONT AND NEW HAMP6 SHIRE. 

7 (a) GENERAL MANAGEMENT PLAN DEVELOP8 MENT.— 

9 (1) The Secretary, in cooperation with the Sec10 retary of Agriculture and in consultation with the 

11 States of Vermont and New Hampshire and the 

12 Connecticut River Joint Commission, shall conduct a 

13 study and develop a general management plan for 

14 ecosystem restoration of the Upper Connecticut 

15 River ecosystem for the purposes of— 

16 (A) habitat protection and restoration; 

17 (B) streambank stabilization; 

18 (C) restoration of stream stability; 

19 (D) water quality improvement; 

20 (E) invasive species control; 

21 (F) wetland restoration; 

22 (G) fish passage; and 

23 (H) natural flow restoration. 

24 (2) EXISTING PLANS.—In developing the gen25 eral management plan, the Secretary shall depend 
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1 heavily on existing plans for the restoration of the 

2 Upper Connecticut River. 

3 (b) CRITICAL RESTORATION PROJECTS.— 

4 (1) IN GENERAL.—The Secretary may partici5 pate in any critical restoration project in the Upper 

6 Connecticut River Basin in accordance with the gen7 eral management plan developed under subsection 

8 (a). 

9 (2) ELIGIBLE PROJECTS.—A critical restoration 

10 project shall be eligible for assistance under this sec11 tion if the project— 

12 (A) meets the purposes described in the 

13 general management plan developed under sub14 section (a); and 

15 (B) with respect to the Upper Connecticut 

16 River and Upper Connecticut River watershed, 

17 consists of— 

18 (i) bank stabilization of the main 

19 stem, tributaries, and streams; 

20 (ii) wetland restoration and migratory 

21 bird habitat restoration; 

22 (iii) soil and water conservation; 

23 (iv) restoration of natural flows; 

24 (v) restoration of stream stability; 
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1 (vi) implementation of an intergovern2 mental agreement for coordinating eco3 system restoration, fish passage installa4 tion, streambank stabilization, wetland res5 toration, habitat protection and restora6 tion, or natural flow restoration; 

7 (vii) water quality improvement; 

8 (viii) invasive species control; 

9 (ix) wetland restoration and migratory 

10 bird habitat restoration; 

11 (x) improvements in fish migration; 

12 and 

13 (xi) conduct of any other project or 

14 activity determined to be appropriate by 

15 the Secretary. 

16 (c) COST SHARING.—The Federal share of the cost 

17 of any project carried out under this section shall not be 

18 less than 65 percent. 

19 (d) NON-FEDERAL INTEREST.—A nonprofit organi20 zation may serve as the non-Federal interest for a project 

21 carried out under this section. 

22 (e) CREDITING.— 

23 (1) FOR WORK.—The Secretary shall provide 

24 credit, including credit for in-kind contributions of 

25 up to 100 percent of the non-Federal share, for 
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1 work (including design work and materials) if the 

2 Secretary determines that the work performed by 

3 the non-Federal interest is integral to the product. 

4 (2) FOR OTHER CONTRIBUTIONS.—The non5 Federal interest shall receive credit for land, ease6 ments, rights-of-way, dredged material disposal 

7 areas, and relocations necessary to implement the 

8 projects. 

9 (f) COOPERATIVE AGREEMENTS.—In carrying out 

10 this section, the Secretary may enter into 1 or more coop11 erative agreements to provide financial assistance to ap12 propriate Federal, State, or local governments or non13 profit agencies, including assistance for the implementa14 tion of projects to be carried out under subsection (b). 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $20,000,000, to remain available until expended. 

18 SEC. 3089. LAKE CHAMPLAIN WATERSHED, VERMONT AND 

19 NEW YORK. 

20 Section 542 of the Water Resources Development Act 

21 of 2000 (42 Stat. 2671) is amended— 

22 (1) in subsection (b)(2)— 

23 (A) in subparagraph (D), by striking ‘‘or’’ 

24 at the end; 
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1 (B) by redesignating subparagraph (E) as 

2 subparagraph (G); and 

3 (C) by inserting after subparagraph (D) 

4 the following: 

5 ‘‘(E) river corridor assessment, protection, 

6 management, and restoration for the purposes 

7 of ecosystem restoration; 

8 ‘‘(F) geographic mapping conducted by the 

9 Secretary using existing technical capacity to 

10 produce a high-resolution, multispectral satellite 

11 imagery-based land use and cover data set; or’’; 

12 and 

13 (2) in subsection (g), by striking 

14 ‘‘$20,000,000’’ and inserting ‘‘$32,000,000’’. 

15 SEC. 3090. CHESAPEAKE BAY OYSTER RESTORATION, VIR16 GINIA AND MARYLAND. 

17 Section 704(b) of the Water Resources Development 

18 Act of 1986 (33 U.S.C. 2263(b)) is amended— 

19 (1) by redesignating paragraph (2) as para20 graph (4); 

21 (2) in paragraph (1)— 

22 (A) in the second sentence, by striking 

23 ‘‘$20,000,000’’ and inserting ‘‘$50,000,000’’; 

24 and 
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1 (B) in the third sentence, by striking 

2 ‘‘Such projects’’ and inserting the following: 

3 ‘‘(2) INCLUSIONS.—Such projects’’; 

4 (3) by striking paragraph (2)(D) (as redesig5 nated by paragraph (2)(B)) and inserting the fol6 lowing: 

7 ‘‘(D) the restoration and rehabilitation of 

8 habitat for fish, including native oysters, in the 

9 Chesapeake Bay and its tributaries in Virginia 

10 and Maryland, including— 

11 ‘‘(i) the construction of oyster bars 

12 and reefs; 

13 ‘‘(ii) the rehabilitation of existing 

14 marginal habitat; 

15 ‘‘(iii) the use of appropriate alter16 native substrate material in oyster bar and 

17 reef construction; 

18 ‘‘(iv) the construction and upgrading 

19 of oyster hatcheries; and 

20 ‘‘(v) activities relating to increasing 

21 the output of native oyster broodstock for 

22 seeding and monitoring of restored sites to 

23 ensure ecological success. 
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1 ‘‘(3) RESTORATION AND REHABILITATION AC2 TIVITIES.—The restoration and rehabilitation activi3 ties described in paragraph (2)(D) shall be— 

4 ‘‘(A) for the purpose of establishing per5 manent sanctuaries and harvest management 

6 areas; and 

7 ‘‘(B) consistent with plans and strategies 

8 for guiding the restoration of the Chesapeake 

9 Bay oyster resource and fishery.’’; and 

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

11 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.— 

12 In this subsection, the term ‘ecological success’ 

13 means— 

14 ‘‘(A) achieving a tenfold increase in native 

15 oyster biomass by the year 2010, from a 1994 

16 baseline; and 

17 ‘‘(B) the establishment of a sustainable 

18 fishery as determined by a broad scientific and 

19 economic consensus.’’. 

20 SEC. 3091. TANGIER ISLAND SEAWALL, VIRGINIA. 

21 Section 577(a) of the Water Resources Development 

22 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

23 a total cost of $1,200,000, with an estimated Federal cost 

24 of $900,000 and an estimated non-Federal cost of 

25 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 
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1 with an estimated Federal cost of $2,400,000 and an esti2 mated non-Federal cost of $600,000.’’. 

3 SEC. 3092. EROSION CONTROL, PUGET ISLAND, 

4 WAHKIAKUM COUNTY, WASHINGTON. 

5 (a) IN GENERAL.—The Lower Columbia River levees 

6 and bank protection works authorized by section 204 of 

7 the Flood Control Act of 1950 (64 Stat. 178) is modified 

8 with regard to the Wahkiakum County diking districts No. 

9 1 and 3, but without regard to any cost ceiling authorized 

10 before the date of enactment of this Act, to direct the Sec11 retary to provide a 1-time placement of dredged material 

12 along portions of the Columbia River shoreline of Puget 

13 Island, Washington, between river miles 38 to 47, to pro14 tect economic and environmental resources in the area 

15 from further erosion. 

16 (b) COORDINATION AND COST-SHARING REQUIRE17 MENTS.—The Secretary shall carry out subsection (a)— 

18 (1) in coordination with appropriate resource 

19 agencies; 

20 (2) in accordance with all applicable Federal 

21 law (including regulations); and 

22 (3) at full Federal expense. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $1,000,000. 
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1 SEC. 3093. LOWER GRANITE POOL, WASHINGTON. 

2 (a) EXTINGUISHMENT OF REVERSIONARY INTER3 ESTS AND USE RESTRICTIONS.—With respect to property 

4 covered by each deed described in subsection (b)— 

5 (1) the reversionary interests and use restric6 tions relating to port or industrial purposes are ex7 tinguished; 

8 (2) the human habitation or other building 

9 structure use restriction is extinguished in each area 

10 in which the elevation is above the standard project 

11 flood elevation; and 

12 (3) the use of fill material to raise low areas 

13 above the standard project flood elevation is author14 ized, except in any low area constituting wetland for 

15 which a permit under section 404 of the Federal 

16 Water Pollution Control Act (33 U.S.C. 1344) would 

17 be required for the use of fill material. 

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

19 are as follows: 

20 (1) Auditor’s File Numbers 432576, 443411, 

21 and 579771 of Whitman County, Washington. 

22 (2) Auditor’s File Numbers 125806, 138801, 

23 147888, 154511, 156928, and 176360 of Asotin 

24 County, Washington. 

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

26 section affects any remaining rights and interests of the 
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1 Corps of Engineers for authorized project purposes in or 

2 to property covered by a deed described in subsection (b). 

3 SEC. 3094. MCNARY LOCK AND DAM, MCNARY NATIONAL 

4 WILDLIFE REFUGE, WASHINGTON AND 

5 IDAHO. 

6 (a) TRANSFER OF ADMINISTRATIVE JURISDIC7 TION.—Administrative jurisdiction over the land acquired 

8 for the McNary Lock and Dam Project and managed by 

9 the United States Fish and Wildlife Service under Cooper10 ative Agreement Number DACW68–4–00–13 with the 

11 Corps of Engineers, Walla Walla District, is transferred 

12 from the Secretary to the Secretary of the Interior. 

13 (b) EASEMENTS.—The transfer of administrative ju14 risdiction under subsection (a) shall be subject to ease15 ments in existence as of the date of enactment of this Act 

16 on land subject to the transfer. 

17 (c) RIGHTS OF SECRETARY.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (3), the Secretary shall retain rights described 

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

21 administrative jurisdiction is transferred under sub22 section (a). 

23 (2) RIGHTS.—The rights of the Secretary re24 ferred to in paragraph (1) are the rights— 
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1 (A) to flood land described in subsection 

2 (a) to the standard project flood elevation; 

3 (B) to manipulate the level of the McNary 

4 Project Pool; 

5 (C) to access such land described in sub6 section (a) as may be required to install, main7 tain, and inspect sediment ranges and carry out 

8 similar activities; 

9 (D) to construct and develop wetland, ri10 parian habitat, or other environmental restora11 tion features authorized under section 1135 of 

12 the Water Resources Development Act of 1986 

13 (33 U.S.C. 2309a) and section 206 of the 

14 Water Resources Development Act of 1996 (33 

15 U.S.C. 2330); 

16 (E) to dredge and deposit fill materials; 

17 and 

18 (F) to carry out management actions for 

19 the purpose of reducing the take of juvenile 

20 salmonids by avian colonies that inhabit, before, 

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

22 any island included in the land described in 

23 subsection (a). 

24 (3) COORDINATION.—Before exercising a right 

25 described in any of subparagraphs (C) through (F) 
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1 of paragraph (2), the Secretary shall coordinate the 

2 exercise with the United States Fish and Wildlife 

3 Service. 

4 (d) MANAGEMENT.— 

5 (1) IN GENERAL.—The land described in sub6 section (a) shall be managed by the Secretary of the 

7 Interior as part of the McNary National Wildlife 

8 Refuge. 

9 (2) CUMMINS PROPERTY.— 

10 (A) RETENTION OF CREDITS.—Habitat 

11 unit credits described in the memorandum enti12 tled ‘‘Design Memorandum No. 6, LOWER 

13 SNAKE RIVER FISH AND WILDLIFE 

14 COMPENSATION PLAN, Wildlife Compensa15 tion and Fishing Access Site Selection, Letter 

16 Supplement No. 15, SITE DEVELOPMENT 

17 PLAN FOR THE WALLULA HMU’’ provided 

18 for the Lower Snake River Fish and Wildlife 

19 Compensation Plan through development of the 

20 parcel of land formerly known as the ‘‘Cummins 

21 property’’ shall be retained by the Secretary de22 spite any changes in management of the parcel 

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

24 (B) SITE DEVELOPMENT PLAN.—The 

25 United States Fish and Wildlife Service shall 
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1 obtain prior approval of the Washington State 

2 Department of Fish and Wildlife for any 

3 change to the previously approved site develop4 ment plan for the parcel of land formerly 

5 known as the ‘‘Cummins property’’. 

6 (3) MADAME DORIAN RECREATION AREA.—The 

7 United States Fish and Wildlife Service shall con8 tinue operation of the Madame Dorian Recreation 

9 Area for public use and boater access. 

10 (e) ADMINISTRATIVE COSTS.—The United States 

11 Fish and Wildlife Service shall be responsible for all sur12 vey, environmental compliance, and other administrative 

13 costs required to implement the transfer of administrative 

14 jurisdiction under subsection (a). 

15 SEC. 3095. SNAKE RIVER PROJECT, WASHINGTON AND 

16 IDAHO. 

17 The Fish and Wildlife Compensation Plan for the 

18 Lower Snake River, Washington and Idaho, as authorized 

19 by section 101 of the Water Resources Development Act 

20 of 1976 (90 Stat. 2921), is amended to authorize the Sec21 retary to conduct studies and implement aquatic and ri22 parian ecosystem restorations and improvements specifi23 cally for fisheries and wildlife. 
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1 SEC. 3096. MARMET LOCK, KANAWHA RIVER, WEST VIR2 GINIA. 

3 Section 101(a)(31) of the Water Resources Develop4 ment Act of 1996 (110 Stat. 3666), is amended by strik5 ing ‘‘$229,581,000’’ and inserting ‘‘$358,000,000’’. 

6 SEC. 3097. LOWER MUD RIVER, MILTON, WEST VIRGINIA. 

7 The project for flood control at Milton, West Virginia, 

8 authorized by section 580 of the Water Resources Devel9 opment Act of 1996 (110 Stat. 3790), as modified by sec10 tion 340 of the Water Resources Development Act of 2000 

11 (114 Stat. 2612), is modified to authorize the Secretary 

12 to construct the project substantially in accordance with 

13 the draft report of the Corps of Engineers dated May 

14 2004, at an estimated total cost of $45,500,000, with an 

15 estimated Federal cost of $34,125,000 and an estimated 

16 non-Federal cost of $11,375,000. 

17 SEC. 3098. UNDERWOOD CREEK DIVERSION FACILITY 

18 PROJECT, MILWAUKEE COUNTY, WISCONSIN. 

19 Section 212(e) of the Water Resources Development 

20 Act of 1999 (33 U.S.C. 2332) is amended— 

21 (1) in paragraph (22), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (23), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 
214 

•S 728 IS 

1 ‘‘(24) Underwood Creek Diversion Facility 

2 Project (County Grounds), Milwaukee County, Wis3 consin.’’. 

4 SEC. 3099. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

5 Section 21 of the Water Resources Development Act 

6 of 1988 (102 Stat. 4027) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘1276.42’’ and inserting 

9 ‘‘1278.42’’; 

10 (B) by striking ‘‘1218.31’’ and inserting 

11 ‘‘1221.31’’; and 

12 (C) by striking ‘‘1234.82’’ and inserting 

13 ‘‘1235.30’’; and 

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) EXCEPTION.— 

17 ‘‘(1) IN GENERAL.—The Secretary may operate 

18 the headwaters reservoirs below the minimum or 

19 above the maximum water levels established under 

20 subsection (a) in accordance with water control reg21 ulation manuals (or revisions to those manuals) de22 veloped by the Secretary, after consultation with the 

23 Governor of Minnesota and affected tribal govern24 ments, landowners, and commercial and recreational 

25 users. 
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1 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The 

2 water control regulation manuals referred to in 

3 paragraph (1) (and any revisions to those manuals) 

4 shall be effective as of the date on which the Sec5 retary submits the manuals (or revisions) to Con6 gress. 

7 ‘‘(3) NOTIFICATION.— 

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

9 subparagraph (B), not less than 14 days before 

10 operating any headwaters reservoir below the 

11 minimum or above the maximum water level 

12 limits specified in subsection (a), the Secretary 

13 shall submit to Congress a notice of intent to 

14 operate the headwaters reservoir. 

15 ‘‘(B) EXCEPTION.—Notice under subpara16 graph (A) shall not be required in any case in 

17 which— 

18 ‘‘(i) the operation of a headwaters res19 ervoir is necessary to prevent the loss of 

20 life or to ensure the safety of a dam; or 

21 ‘‘(ii) the drawdown of the water level 

22 of the reservoir is in anticipation of a flood 

23 control operation.’’. 
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1 SEC. 3100. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER2 FRONT INTERPRETIVE SITE. 

3 Section 103(c)(2) of the Water Resources Develop4 ment Act of 1992 (106 Stat. 4811) is amended by striking 

5 ‘‘property currently held by the Resolution Trust Corpora6 tion in the vicinity of the Mississippi River Bridge’’ and 

7 inserting ‘‘riverfront property’’. 

8 SEC. 3101. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER. 

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

10 navigation, Mississippi River between the Ohio and Mis11 souri Rivers (Regulating Works), Missouri and Illinois, 

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

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

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

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

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

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

18 a pilot program to restore and protect fish and wildlife 

19 habitat in the middle Mississippi River. 

20 (b) AUTHORIZED ACTIVITIES.— 

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

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

23 conduct any activities that are necessary to improve 

24 navigation through the project referred to in sub25 section (a) while restoring and protecting fish and 
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•S 728 IS 

1 wildlife habitat in the middle Mississippi River sys2 tem. 

3 (2) INCLUSIONS.—Activities authorized under 

4 paragraph (1) shall include— 

5 (A) the modification of navigation training 

6 structures; 

7 (B) the modification and creation of side 

8 channels; 

9 (C) the modification and creation of is10 lands; 

11 (D) any studies and analysis necessary to 

12 develop adaptive management principles; and 

13 (E) the acquisition from willing sellers of 

14 any land associated with a riparian corridor 

15 needed to carry out the goals of the pilot pro16 gram. 

17 (c) COST-SHARING REQUIREMENT.—The cost-shar18 ing requirement required under the Act of June 25, 1910 

19 (36 Stat. 631, chapter 382) (commonly known as the 

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

21 1927 (44 Stat. 1010, chapter 47) (commonly known as 

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

23 3, 1930 (46 Stat. 918), for the project referred to in sub24 section (a) shall apply to any activities carried out under 

25 this section. 
218 

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1 SEC. 3102. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON2 MENTAL MANAGEMENT PROGRAM. 

3 Notwithstanding section 221 of the Flood Control 

4 Act of 1970 (42 U.S.C. 1962d–5b), for any Upper Mis5 sissippi River fish and wildlife habitat rehabilitation and 

6 enhancement project carried out under section 1103(e) of 

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

8 652(e)), with the consent of the affected local government, 

9 a nongovernmental organization may be considered to be 

10 a non-Federal interest. 

11 TITLE IV—STUDIES 

12 SEC. 4001. EURASIAN MILFOIL. 

13 Under the authority of section 104 of the River and 

14 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall 

15 carry out a study, at full Federal expense, to develop na16 tional protocols for the use of the Euhrychiopsis lecontei 

17 weevil for biological control of Eurasian milfoil in the lakes 

18 of Vermont and other northern tier States. 

19 SEC. 4002. NATIONAL PORT STUDY. 

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

21 with the Secretary of Transportation, shall conduct a 

22 study of the ability of coastal or deepwater port infrastruc23 ture to meet current and projected national economic 

24 needs. 

25 (b) COMPONENTS.—In conducting the study, the Sec26 retary shall— 
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1 (1) consider— 

2 (A) the availability of alternate transpor3 tation destinations and modes; 

4 (B) the impact of larger cargo vessels on 

5 existing port capacity; and 

6 (C) practicable, cost-effective congestion 

7 management alternatives; and 

8 (2) give particular consideration to the benefits 

9 and proximity of proposed and existing port, harbor, 

10 waterway, and other transportation infrastructure. 

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

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

13 the Committee on Environment and Public Works of the 

14 Senate and the Committee on Transportation and Infra15 structure of the House of Representatives a report that 

16 describes the results of the study. 

17 SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA18 TION CHANNEL. 

19 (a) IN GENERAL.—To determine with improved accu20 racy the environmental impacts of the project on the 

21 McClellan-Kerr Arkansas River Navigation Channel (re22 ferred to in this section as the ‘‘MKARN’’), the Secretary 

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

24 and (c) in a timely manner. 
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1 (b) NATIONAL ENVIRONMENTAL POLICY ACT ANAL2 YSIS.—In carrying out the responsibility of the Secretary 

3 under the National Environmental Policy Act of 1969 (42 

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

5 shall include consideration of— 

6 (1) the environmental impacts associated with 

7 transporting an equivalent quantity of goods on Fed8 eral, State, and county roads and such other alter9 native modes of transportation and alternative des10 tinations as are estimated to be transported on the 

11 MKARN; 

12 (2) the impacts associated with air quality; 

13 (3) other human health and safety information 

14 (including premature deaths averted); and 

15 (4) the environmental and economic costs asso16 ciated with the dredging of any site on the MKARN, 

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

18 MKARN were authorized to a 9-foot depth. 

19 (c) SPECIES STUDY.— 

20 (1) IN GENERAL.—The Secretary, in conjunc21 tion with Oklahoma State University, shall convene 

22 a panel of experts with acknowledged expertise in 

23 wildlife biology and genetics to review the available 

24 scientific information regarding the genetic variation 

25 of various sturgeon species and possible hybrids of 
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1 those species that, as determined by the United 

2 States Fish and Wildlife Service, may exist in any 

3 portion of the MKARN. 

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

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

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

7 the best scientific judgment of the panel— 

8 (A) the level of genetic variation between 

9 populations of sturgeon sufficient to determine 

10 or establish that a population is a measurably 

11 distinct species, subspecies, or population seg12 ment; and 

13 (B) whether any pallid sturgeons that may 

14 be found in the MKARN (including any tribu15 tary of the MKARN) would qualify as such a 

16 distinct species, subspecies, or population seg17 ment. 

18 SEC. 4004. SELENIUM STUDY, COLORADO. 

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

20 with State water quality and resource and conservation 

21 agencies, shall conduct regional and watershed-wide stud22 ies to address selenium concentrations in the State of Col23 orado, including studies— 

24 (1) to measure selenium on specific sites; and 
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1 (2) to determine whether specific selenium 

2 measures studied should be recommended for use in 

3 demonstration projects. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $5,000,000. 

7 SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA. 

8 The Secretary shall carry out a study for bank sta9 bilization and shore protection for Nicholas Canyon, Los 

10 Angeles, California, under section 3 of the Act of August 

11 13, 1946 (33 U.S.C. 426g). 

12 SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL 

13 STUDY. 

14 Section 414 of the Water Resources Development Act 

15 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 

16 months’’ and inserting ‘‘44 months’’. 

17 SEC. 4007. COMPREHENSIVE FLOOD PROTECTION 

18 PROJECT, ST. HELENA, CALIFORNIA. 

19 (a) IN GENERAL.—The Secretary shall review the 

20 project for flood control and environmental restoration at 

21 St. Helena, California, generally in accordance with En22 hanced Minimum Plan A, as described in the Final Envi23 ronmental Impact Report prepared by the city of St. Hel24 ena, California, and certified by the city to be in compli-
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1 ance with the California Environmental Quality Act on 

2 February 24, 2004. 

3 (b) COST SHARING.—Cost sharing for the project de4 scribed in subsection (a) shall be in accordance with sec5 tion 103 of the Water Resources Development Act of 1986 

6 (33 U.S.C. 2213). 

7 SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA8 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA. 

9 The Secretary shall carry out a study of the feasi10 bility of a project to use Sherman Island, California, as 

11 a dredged material rehandling facility for the beneficial 

12 use of dredged material to enhance the environment and 

13 meet other water resource needs on the Sacramento-San 

14 Joaquin Delta, California, under section 204 of the Water 

15 Resources Development Act of 1992 (33 U.S.C. 2326). 

16 SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

17 CALIFORNIA. 

18 In carrying out the feasibility phase of the South San 

19 Francisco Bay shoreline study, the Secretary shall use 

20 planning and design documents prepared by the California 

21 State Coastal Conservancy, the Santa Clara Valley Water 

22 District, and other local interests, in cooperation with the 

23 Corps of Engineers (who shall provide technical assistance 

24 to the local interests), as the basis for recommendations 

25 to Congress for authorization of a project to provide for 
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1 flood protection of the South San Francisco Bay shoreline 

2 and restoration of the South San Francisco Bay salt 

3 ponds. 

4 SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION, 

5 CALIFORNIA. 

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

7 work as expeditiously as practicable on the San Pablo wa8 tershed, California, study authorized under section 209 of 

9 the Flood Control Act of 1962 (76 Stat. 1196) to deter10 mine the feasibility of opportunities for restoring, pre11 serving, and protecting the San Pablo Bay Watershed. 

12 (b) REPORT.—Not later than March 31, 2008, the 

13 Secretary shall submit to Congress a report that describes 

14 the results of the study. 

15 SEC. 4011. LAKE ERIE AT LUNA PIER, MICHIGAN. 

16 The Secretary shall study the feasibility of storm 

17 damage reduction and beach erosion protection and other 

18 related purposes along Lake Erie at Luna Pier, Michigan. 

19 SEC. 4012. MIDDLE BASS ISLAND STATE PARK, MIDDLE 

20 BASS ISLAND, OHIO. 

21 The Secretary shall carry out a study of the feasi22 bility of a project for navigation improvements, shoreline 

23 protection, and other related purposes, including the reha24 bilitation the harbor basin (including entrance break25 waters), interior shoreline protection, dredging, and the 
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1 development of a public launch ramp facility, for Middle 

2 Bass Island State Park, Middle Bass Island, Ohio. 

3 SEC. 4013. JASPER COUNTY PORT FACILITY STUDY, SOUTH 

4 CAROLINA. 

5 (a) IN GENERAL.—The Secretary may determine the 

6 feasibility of providing improvements to the Savannah 

7 River for navigation and related purposes that may be nec8 essary to support the location of container cargo and other 

9 port facilities to be located in Jasper County, South Caro10 lina, near the vicinity of mile 6 of the Savannah Harbor 

11 Entrance Channel. 

12 (b) CONSIDERATION.—In making a determination 

13 under subsection (a), the Secretary shall take into consid14 eration— 

15 (1) landside infrastructure; 

16 (2) the provision of any additional dredged ma17 terial disposal area for maintenance of the ongoing 

18 Savannah Harbor Navigation project; and 

19 (3) the results of a consultation with the Gov20 ernor of the State of California and the Governor of 

21 the State of South Carolina. 
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1 SEC. 4014. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND 

2 NEW YORK. 

3 (a) DISPERSAL BARRIER PROJECT.—The Secretary 

4 shall determine, at full Federal expense, the feasibility of 

5 a dispersal barrier project at the Lake Champlain Canal. 

6 (b) CONSTRUCTION, MAINTENANCE, AND OPER7 ATION.—If the Secretary determines that the project de8 scribed in subsection (a) is feasible, the Secretary shall 

9 construct, maintain, and operate a dispersal barrier at the 

10 Lake Champlain Canal at full Federal expense. 

11 TITLE V—MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 5001. LAKES PROGRAM. 

14 Section 602(a) of the Water Resources Development 

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

16 295) is amended— 

17 (1) in paragraph (18), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (19), by striking the period at 

20 the end and inserting a semicolon; and 

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

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

23 removal of silt and aquatic growth and measures to 

24 address excessive sedimentation; 
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1 ‘‘(21) Lake Sakakawea, North Dakota, removal 

2 of silt and aquatic growth and measures to address 

3 excessive sedimentation; 

4 ‘‘(22) Lake Morley, Vermont, removal of silt 

5 and aquatic growth and measures to address exces6 sive sedimentation; 

7 ‘‘(23) Lake Fairlee, Vermont, removal of silt 

8 and aquatic growth and measures to address exces9 sive sedimentation; and 

10 ‘‘(24) Lake Rodgers, Creedmoor, North Caro11 lina, removal of silt and excessive nutrients and res12 toration of structural integrity.’’. 

13 SEC. 5002. ESTUARY RESTORATION. 

14 (a) PURPOSES.—Section 102 of the Estuary Restora15 tion Act of 2000 (33 U.S.C. 2901) is amended— 

16 (1) in paragraph (1), by inserting before the 

17 semicolon the following: ‘‘by implementing a coordi18 nated Federal approach to estuary habitat restora19 tion activities, including the use of common moni20 toring standards and a common system for tracking 

21 restoration acreage’’; 

22 (2) in paragraph (2), by inserting ‘‘and imple23 ment’’ after ‘‘to develop’’; and 

24 (3) in paragraph (3), by inserting ‘‘through co25 operative agreements’’ after ‘‘restoration projects’’. 
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1 (b) DEFINITION OF ESTUARY HABITAT RESTORA2 TION PLAN.—Section 103(6)(A) of the Estuary Restora3 tion Act of 2000 (33 U.S.C. 2902(6)(A)) is amended by 

4 striking ‘‘Federal or State’’ and inserting ‘‘Federal, State, 

5 or regional’’. 

6 (c) ESTUARY HABITAT RESTORATION PROGRAM.— 

7 Section 104 of the Estuary Restoration Act of 2000 (33 

8 U.S.C. 2903) is amended— 

9 (1) in subsection (a), by inserting ‘‘through the 

10 award of contracts and cooperative agreements’’ 

11 after ‘‘assistance’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (3)(A), by inserting ‘‘or 

14 State’’ after ‘‘Federal’’; and 

15 (B) in paragraph (4)(B), by inserting ‘‘or 

16 approach’’ after ‘‘technology’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘Except’’ and inserting 

20 the following: 

21 ‘‘(i) IN GENERAL.—Except’’; and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(ii) MONITORING.— 
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1 ‘‘(I) COSTS.—The costs of moni2 toring an estuary habitat restoration 

3 project funded under this title may be 

4 included in the total cost of the estu5 ary habitat restoration project. 

6 ‘‘(II) GOALS.—The goals of the 

7 monitoring are— 

8 ‘‘(aa) to measure the effec9 tiveness of the restoration 

10 project; and 

11 ‘‘(bb) to allow adaptive man12 agement to ensure project suc13 cess.’’; 

14 (B) in paragraph (2), by inserting ‘‘or ap15 proach’’ after ‘‘technology’’; and 

16 (C) in paragraph (3), by inserting ‘‘(in17 cluding monitoring)’’ after ‘‘services’’; 

18 (4) in subsection (f)(1)(B), by inserting ‘‘long19 term’’ before ‘‘maintenance’’; and 

20 (5) in subsection (g)— 

21 (A) by striking ‘‘In carrying’’ and inserting 

22 the following: 

23 ‘‘(1) IN GENERAL.—In carrying’’; and 

24 (B) by adding at the end the following: 

25 ‘‘(2) SMALL PROJECTS.— 
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1 ‘‘(A) DEFINITION.—Small projects carried 

2 out under this Act shall have a Federal share 

3 of less than $1,000,000. 

4 ‘‘(B) DELEGATION OF PROJECT IMPLE5 MENTATION.—In carrying out this section, the 

6 Secretary, on recommendation of the Council, 

7 shall consider delegating implementation of the 

8 small project to— 

9 ‘‘(i) the Secretary of the Interior (act10 ing through the Director of the United 

11 States Fish and Wildlife Service); 

12 ‘‘(ii) the Under Secretary for Oceans 

13 and Atmosphere of the Department of 

14 Commerce; 

15 ‘‘(iii) the Administrator of the Envi16 ronmental Protection Agency; or 

17 ‘‘(iv) the Secretary of Agriculture. 

18 ‘‘(C) FUNDING.—Small projects delegated 

19 to another Federal department or agency may 

20 be funded from the responsible department or 

21 appropriations of the agency authorized by sec22 tion 109(a)(1). 

23 ‘‘(D) AGREEMENTS.—The Federal depart24 ment or agency to which a small project is dele25 gated shall enter into an agreement with the 
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1 non-Federal interest generally in conformance 

2 with the criteria in sections 104(d) and 104(e). 

3 Cooperative agreements may be used for any 

4 delegated project.’’. 

5 (d) ESTABLISHMENT OF ESTUARY HABITAT RES6 TORATION COUNCIL.—Section 105(b) of the Estuary Res7 toration Act of 2000 (33 U.S.C. 2904(b)) is amended— 

8 (1) in paragraph (4), by striking ‘‘and’’ after 

9 the semicolon; 

10 (2) in paragraph (5), by striking the period at 

11 the end and inserting a semicolon; and 

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

13 ‘‘(6) cooperating in the implementation of the 

14 strategy developed under section 106; 

15 ‘‘(7) recommending standards for monitoring 

16 for restoration projects and contribution of project 

17 information to the database developed under section 

18 107; and 

19 ‘‘(8) otherwise using the respective agency au20 thorities of the Council members to carry out this 

21 title.’’. 

22 (e) MONITORING OF ESTUARY HABITAT RESTORA23 TION PROJECTS.—Section 107(d) of the Estuary Restora24 tion Act of 2000 (33 U.S.C. 2906(d)) is amended by strik25 ing ‘‘compile’’ and inserting ‘‘have general data compila-
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1 tion, coordination, and analysis responsibilities to carry 

2 out this title and in support of the strategy developed 

3 under section 107, including compilation of’’. 

4 (f) REPORTING.—Section 108(a) of the Estuary Res5 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by 

6 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and 

7 tenth’’. 

8 (g) FUNDING.—Section 109(a) of the Estuary Res9 toration Act of 2000 (33 U.S.C. 2908(a)) is amended— 

10 (1) in paragraph (1), by striking subparagraphs 

11 (A) through (D) and inserting the following: 

12 ‘‘(A) to the Secretary, $25,000,000 for 

13 each of fiscal years 2006 through 2010; 

14 ‘‘(B) to the Secretary of the Interior (act15 ing through the Director of the United States 

16 Fish and Wildlife Service), $2,500,000 for each 

17 of fiscal years 2006 through 2010; 

18 ‘‘(C) to the Under Secretary for Oceans 

19 and Atmosphere of the Department of Com20 merce, $2,500,000 for each of fiscal years 2006 

21 through 2010; 

22 ‘‘(D) to the Administrator of the Environ23 mental Protection Agency, $2,500,000 for each 

24 of fiscal years 2006 through 2010; and 
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1 ‘‘(E) to the Secretary of Agriculture, 

2 $2,500,000 for each of fiscal years 2006 

3 through 2010.’’; and 

4 (2) in the first sentence of paragraph (2)— 

5 (A) by inserting ‘‘and other information 

6 compiled under section 107’’ after ‘‘this title’’; 

7 and 

8 (B) by striking ‘‘2005’’ and inserting 

9 ‘‘2010’’. 

10 (h) GENERAL PROVISIONS.—Section 110 of the Es11 tuary Restoration Act of 2000 (33 U.S.C. 2909) is amend12 ed— 

13 (1) in subsection (b)(1)— 

14 (A) by inserting ‘‘or contracts’’ after 

15 ‘‘agreements’’; and 

16 (B) by inserting ‘‘, nongovernmental orga17 nizations,’’ after ‘‘agencies’’; and 

18 (2) by striking subsections (d) and (e). 

19 SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELA20 WARE AND MARYLAND. 

21 (a) ASSISTANCE.—The Secretary may provide tech22 nical assistance to the Secretary of Agriculture for use in 

23 carrying out the Conservation Corridor Demonstration 

24 Program established under subtitle G of title II of the 
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1 Farm Security and Rural Investment Act of 2002 (16 

2 U.S.C. 3801 note; 116 Stat. 275). 

3 (b) COORDINATION AND INTEGRATION.—In carrying 

4 out water resources projects in the States on the Delmarva 

5 Peninsula, the Secretary shall coordinate and integrate 

6 those projects, to the maximum extent practicable, with 

7 any activities carried out to implement a conservation cor8 ridor plan approved by the Secretary of Agriculture under 

9 section 2602 of the Farm Security and Rural Investment 

10 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 

11 SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC 

12 RIVER BASINS, DELAWARE, MARYLAND, 

13 PENNSYLVANIA, AND VIRGINIA. 

14 (a) EX OFFICIO MEMBER.—Notwithstanding section 

15 3001(a) of the 1997 Emergency Supplemental Appropria16 tions Act for Recovery From Natural Disasters, and for 

17 Overseas Peacekeeping Efforts, Including Those in Bosnia 

18 (111 Stat. 176) and sections 2.2 of the Susquehanna 

19 River Basin Compact (Public Law 91–575) and the Dela20 ware River Basin Compact (Public Law 87–328), begin21 ning in fiscal year 2002, and each fiscal year thereafter, 

22 the Division Engineer, North Atlantic Division, Corps of 

23 Engineers— 

24 (1) shall be the ex officio United States member 

25 under the Susquehanna River Basin Compact, the 
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1 Delaware River Basin Compact, and the Potomac 

2 River Basin Compact; 

3 (2) shall serve without additional compensation; 

4 and 

5 (3) may designate an alternate member in ac6 cordance with the terms of those compacts. 

7 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

8 shall allocate funds to the Susquehanna River Basin Com9 mission, Delaware River Basin Commission, and the 

10 Interstate Commission on the Potomac River Basin (Poto11 mac River Basin Compact (Public Law 91–407)) to fulfill 

12 the equitable funding requirements of the respective inter13 state compacts. 

14 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

15 DELAWARE RIVER BASIN.— 

16 (1) IN GENERAL.—The Secretary shall enter 

17 into an agreement with the Delaware River Basin 

18 Commission to provide temporary water supply and 

19 conservation storage at the Francis E. Walter Dam, 

20 Pennsylvania, for any period during which the Com21 mission has determined that a drought warning or 

22 drought emergency exists. 

23 (2) LIMITATION.—The agreement shall provide 

24 that the cost for water supply and conservation stor25 age under paragraph (1) shall not exceed the incre-
236 

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1 mental operating costs associated with providing the 

2 storage. 

3 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

4 SUSQUEHANNA RIVER BASIN.— 

5 (1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the Susquehanna River 

7 Basin Commission to provide temporary water sup8 ply and conservation storage at Federal facilities op9 erated by the Corps of Engineers in the Susque10 hanna River Basin, during any period in which the 

11 Commission has determined that a drought warning 

12 or drought emergency exists. 

13 (2) LIMITATION.—The agreement shall provide 

14 that the cost for water supply and conservation stor15 age under paragraph (1) shall not exceed the incre16 mental operating costs associated with providing the 

17 storage. 

18 (e) WATER SUPPLY AND CONSERVATION STORAGE, 

19 POTOMAC RIVER BASIN.— 

20 (1) IN GENERAL.—The Secretary shall enter 

21 into an agreement with the Potomac River Basin 

22 Commission to provide temporary water supply and 

23 conservation storage at Federal facilities operated by 

24 the Corps of Engineers in the Potomac River Basin 

25 for any period during which the Commission has de-
237 

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1 termined that a drought warning or drought emer2 gency exists. 

3 (2) LIMITATION.—The agreement shall provide 

4 that the cost for water supply and conservation stor5 age under paragraph (1) shall not exceed the incre6 mental operating costs associated with providing the 

7 storage. 

8 SEC. 5005. CHICAGO SANITARY AND SHIP CANAL DIS9 PERSAL BARRIERS PROJECT, ILLINOIS. 

10 (a) EXISTING BARRIER.—The Secretary shall up11 grade and make permanent, at full Federal expense, the 

12 existing Chicago Sanitary and Ship Canal Dispersal Bar13 rier Chicago, Illinois, constructed as a demonstration 

14 project under section 1202(i)(3) of the Nonindigenous 

15 Aquatic Nuisance Prevention and Control Act of 1990 (16 

16 U.S.C. 4722(i)(3)). 

17 (b) NEW BARRIER.—Notwithstanding the project co18 operation agreement dated November 21, 2003, with the 

19 State of Illinois, the Secretary shall construct, at full Fed20 eral expense, the Chicago Sanitary and Ship Canal Dis21 persal Barrier currently being implemented under section 

22 1135 of the Water Resources Development Act of 1986 

23 (33 U.S.C. 2309a). 

24 (c) OPERATION AND MAINTENANCE.—The Chicago 

25 Sanitary and Ship Canal Dispersal Barriers described in 
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1 subsections (a) and (b) shall be operated and maintained, 

2 at full Federal expense, as a system in a manner to opti3 mize effectiveness. 

4 (d) CREDIT.— 

5 (1) IN GENERAL.—The Secretary shall credit to 

6 each State the proportion of funds that the State 

7 contributed to the authorized dispersal barriers. 

8 (2) USE.—A State may apply the credit to ex9 isting or future projects of the Corps of Engineers. 

10 SEC. 5006. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

11 PROGRAM, NEW MEXICO. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Rio Grande Environmental Management Act of 2004’’. 

14 (b) DEFINITIONS.—In this section: 

15 (1) RIO GRANDE COMPACT.—The term ‘‘Rio 

16 Grande Compact’’ means the compact approved by 

17 Congress under the Act of May 31, 1939 (53 Stat. 

18 785, chapter 155), and ratified by the States of Col19 orado, New Mexico, and Texas. 

20 (2) RIO GRANDE SYSTEM.—The term ‘‘Rio 

21 Grande system’’ means the headwaters of the Rio 

22 Chama River and the Rio Grande River (including 

23 all tributaries of the Rivers), from the border be24 tween the States of Colorado and New Mexico down-
239 

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1 stream to the border between the States of New 

2 Mexico and Texas. 

3 (3) STATE.—The term ‘‘State’’ means the State 

4 of New Mexico. 

5 (c) PROGRAM AUTHORITY.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out, in the Rio Grande system— 

8 (A) a program for the planning, construc9 tion, and evaluation of measures for fish and 

10 wildlife habitat rehabilitation and enhancement; 

11 and 

12 (B) implementation of a long-term moni13 toring, computerized data inventory and anal14 ysis, applied research, and adaptive manage15 ment program. 

16 (2) REPORTS.—Not later than December 31, 

17 2008, and not later than December 31 of every sixth 

18 year thereafter, the Secretary, in consultation with 

19 the Secretary of the Interior and the State, shall 

20 submit to Congress a report that— 

21 (A) contains an evaluation of the programs 

22 described in paragraph (1); 

23 (B) describes the accomplishments of each 

24 of the programs; 
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1 (C) provides updates of a systemic habitat 

2 needs assessment; and 

3 (D) identifies any needed adjustments in 

4 the authorization of the programs. 

5 (d) STATE AND LOCAL CONSULTATION AND COOPER6 ATIVE EFFORT.—For the purpose of ensuring the coordi7 nated planning and implementation of the programs au8 thorized under subsection (c), the Secretary shall— 

9 (1) consult with the State and other appro10 priate entities in the State the rights and interests 

11 of which might be affected by specific program ac12 tivities; and 

13 (2) enter into an interagency agreement with 

14 the Secretary of the Interior to provide for the direct 

15 participation of, and transfer of funds to, the United 

16 States Fish and Wildlife Service and any other agen17 cy or bureau of the Department of the Interior for 

18 the planning, design, implementation, and evaluation 

19 of those programs. 

20 (e) COST SHARING.— 

21 (1) IN GENERAL.—The non-Federal share of 

22 the cost of a project carried out under subsection 

23 (c)(1)(A)— 

24 (A) shall be 35 percent; 
241 

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1 (B) may be provided through in-kind serv2 ices or direct cash contributions; and 

3 (C) shall include provision of necessary 

4 land, easements, relocations, and disposal sites. 

5 (3) OPERATION AND MAINTENANCE.—The costs 

6 of operation and maintenance of a project located on 

7 Federal land, or land owned or operated by a State 

8 or local government, shall be borne by the Federal, 

9 State, or local agency that has jurisdiction over fish 

10 and wildlife activities on the land. 

11 (f) NONPROFIT ENTITIES.—Notwithstanding section 

12 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

13 5b), with the consent of the affected local government, a 

14 nonprofit entity may be included as a non-Federal interest 

15 for any project carried out under subsection (c)(1)(A). 

16 (g) EFFECT ON OTHER LAW.— 

17 (1) WATER LAW.—Nothing in this section pre18 empts any State water law. 

19 (2) COMPACTS AND DECREES.—In carrying out 

20 this section, the Secretary shall comply with the Rio 

21 Grande Compact, and any applicable court decrees 

22 or Federal and State laws, affecting water or water 

23 rights in the Rio Grande system. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to carry 
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1 out this section $25,000,000 for fiscal year 2005 and each 

2 subsequent fiscal year. 

3 SEC. 5007. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

4 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

5 HABITAT RESTORATION, SOUTH DAKOTA. 

6 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

7 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

8 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES9 TRIAL WILDLIFE HABITAT RESTORATION TRUST

10 FUNDS.—Section 602(a)(4) of the Water Resources De11 velopment Act of 1999 (113 Stat. 386) is amended— 

12 (1) in subparagraph (A)— 

13 (A) in clause (i), by inserting ‘‘and the 

14 Secretary of the Treasury’’ after ‘‘Secretary’’; 

15 and 

16 (B) by striking clause (ii) and inserting the 

17 following: 

18 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

19 notification in accordance with clause (i), 

20 the Secretary of the Treasury shall make 

21 available to the State of South Dakota 

22 funds from the State of South Dakota Ter23 restrial Wildlife Habitat Restoration Trust 

24 Fund established under section 603, to be 

25 used to carry out the plan for terrestrial 
243 

•S 728 IS 

1 wildlife habitat restoration submitted by 

2 the State of South Dakota after the State 

3 certifies to the Secretary of the Treasury 

4 that the funds to be disbursed will be used 

5 in accordance with section 603(d)(3) and 

6 only after the Trust Fund is fully capital7 ized.’’; and 

8 (2) in subparagraph (B), by striking clause (ii) 

9 and inserting the following: 

10 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

11 notification in accordance with clause (i), 

12 the Secretary of the Treasury shall make 

13 available to the Cheyenne River Sioux 

14 Tribe and the Lower Brule Sioux Tribe 

15 funds from the Cheyenne River Sioux Ter16 restrial Wildlife Habitat Restoration Trust 

17 Fund and the Lower Brule Sioux Terres18 trial Wildlife Habitat Restoration Trust 

19 Fund, respectively, established under sec20 tion 604, to be used to carry out the plans 

21 for terrestrial wildlife habitat restoration 

22 submitted by the Cheyenne River Sioux 

23 Tribe and the Lower Brule Sioux Tribe, 

24 respectively, after the respective tribe cer25 tifies to the Secretary of the Treasury that 
244 

•S 728 IS 

1 the funds to be disbursed will be used in 

2 accordance with section 604(d)(3) and only 

3 after the Trust Fund is fully capitalized.’’. 

4 (b) INVESTMENT PROVISIONS OF THE STATE OF

5 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

6 TRUST FUND.—Section 603 of the Water Resources De7 velopment Act of 1999 (113 Stat. 388) is amended— 

8 (1) by striking subsection (c) and inserting the 

9 following: 

10 ‘‘(c) INVESTMENTS.— 

11 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith12 standing any other provision of law, the Secretary of 

13 the Treasury shall invest the amounts deposited 

14 under subsection (b) and the interest earned on 

15 those amounts only in interest-bearing obligations of 

16 the United States issued directly to the Fund. 

17 ‘‘(2) INVESTMENT REQUIREMENTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary of the 

19 Treasury shall invest the Fund in accordance 

20 with all of the requirements of this paragraph. 

21 ‘‘(B) SEPARATE INVESTMENTS OF PRIN22 CIPAL AND INTEREST.— 

23 ‘‘(i) PRINCIPAL ACCOUNT.—The 

24 amounts deposited in the Fund under sub25 section (b) shall be credited to an account 
245 

•S 728 IS 

1 within the Fund (referred to in this para2 graph as the ‘principal account’) and in3 vested as provided in subparagraph (C). 

4 ‘‘(ii) INTEREST ACCOUNT.—The inter5 est earned from investing amounts in the 

6 principal account of the Fund shall be 

7 transferred to a separate account within 

8 the Fund (referred to in this paragraph as 

9 the ‘interest account’) and invested as pro10 vided in subparagraph (D). 

11 ‘‘(iii) CREDITING.—The interest 

12 earned from investing amounts in the in13 terest account of the Fund shall be cred14 ited to the interest account. 

15 ‘‘(C) INVESTMENT OF PRINCIPAL AC16 COUNT.— 

17 ‘‘(i) INITIAL INVESTMENT.—Each 

18 amount deposited in the principal account 

19 of the Fund shall be invested initially in el20 igible obligations having the shortest matu21 rity then available until the date on which 

22 the amount is divided into 3 substantially 

23 equal portions and those portions are in24 vested in eligible obligations that are iden25 tical (except for transferability) to the 
246 

•S 728 IS 

1 next-issued publicly issued Treasury obli2 gations having a 2-year maturity, a 5-year 

3 maturity, and a 10-year maturity, respec4 tively. 

5 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

6 each 2-year, 5-year, and 10-year eligible 

7 obligation matures, the principal of the 

8 maturing eligible obligation shall also be 

9 invested initially in the shortest-maturity 

10 eligible obligation then available until the 

11 principal is reinvested substantially equally 

12 in the eligible obligations that are identical 

13 (except for transferability) to the next14 issued publicly issued Treasury obligations 

15 having 2-year, 5-year, and 10-year matu16 rities. 

17 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

18 OF OBLIGATIONS.—If the Department of 

19 the Treasury discontinues issuing to the 

20 public obligations having 2-year, 5-year, or 

21 10-year maturities, the principal of any 

22 maturing eligible obligation shall be rein23 vested substantially equally in eligible obli24 gations that are identical (except for trans25 ferability) to the next-issued publicly 
247 

•S 728 IS 

1 issued Treasury obligations of the matu2 rities longer than 1 year then available. 

3 ‘‘(D) INVESTMENT OF INTEREST AC4 COUNT.— 

5 ‘‘(i) BEFORE FULL CAPITALIZA6 TION.—Until the date on which the Fund 

7 is fully capitalized, amounts in the interest 

8 account of the Fund shall be invested in el9 igible obligations that are identical (except 

10 for transferability) to publicly issued 

11 Treasury obligations that have maturities 

12 that coincide, to the maximum extent prac13 ticable, with the date on which the Fund 

14 is expected to be fully capitalized. 

15 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

16 On and after the date on which the Fund 

17 is fully capitalized, amounts in the interest 

18 account of the Fund shall be invested and 

19 reinvested in eligible obligations having the 

20 shortest maturity then available until the 

21 amounts are withdrawn and transferred to 

22 fund the activities authorized under sub23 section (d)(3). 

24 ‘‘(E) PAR PURCHASE PRICE.—The price to 

25 be paid for eligible obligations purchased as in-
248 

•S 728 IS 

1 vestments of the principal account shall not ex2 ceed the par value of the obligations so that the 

3 amount of the principal account shall be pre4 served in perpetuity. 

5 ‘‘(F) HIGHEST YIELD.—Among eligible ob6 ligations having the same maturity and pur7 chase price, the obligation to be purchased shall 

8 be the obligation having the highest yield. 

9 ‘‘(G) HOLDING TO MATURITY.—Eligible 

10 obligations purchased shall generally be held to 

11 their maturities. 

12 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI13 TIES.—Not less frequently than once each calendar 

14 year, the Secretary of the Treasury shall review with 

15 the State of South Dakota the results of the invest16 ment activities and financial status of the Fund dur17 ing the preceding 12-month period.’’; 

18 (2) in subsection (d)(2), by inserting ‘‘of the 

19 Treasury’’ after Secretary’’; and 

20 (3) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au23 thorized to be appropriated, out of any money in the 

24 Treasury not otherwise appropriated, to the Secretary of 

25 the Treasury, to pay expenses associated with investing 
249 

•S 728 IS 

1 the Fund and auditing the uses of amounts withdrawn 

2 from the Fund— 

3 ‘‘(1) up to $500,000 for each of fiscal years 

4 2006 and 2007; and 

5 ‘‘(2) such sums as are necessary for each subse6 quent fiscal year. ’’. 

7 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

8 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

9 TRUST FUNDS.—Section 604 of the Water Resources De10 velopment Act of 1999 (113 Stat. 389) is amended— 

11 (1) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) INVESTMENTS.— 

14 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith15 standing any other provision of law, the Secretary of 

16 the Treasury shall invest the amounts deposited 

17 under subsection (b) and the interest earned on 

18 those amounts only in interest-bearing obligations of 

19 the United States issued directly to the Funds. 

20 ‘‘(2) INVESTMENT REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of the 

22 Treasury shall invest each of the Funds in ac23 cordance with all of the requirements of this 

24 paragraph. 
250 

•S 728 IS 

1 ‘‘(B) SEPARATE INVESTMENTS OF PRIN2 CIPAL AND INTEREST.— 

3 ‘‘(i) PRINCIPAL ACCOUNT.—The 

4 amounts deposited in each Fund under 

5 subsection (b) shall be credited to an ac6 count within the Fund (referred to in this 

7 paragraph as the ‘principal account’) and 

8 invested as provided in subparagraph (C). 

9 ‘‘(ii) INTEREST ACCOUNT.—The inter10 est earned from investing amounts in the 

11 principal account of each Fund shall be 

12 transferred to a separate account within 

13 the Fund (referred to in this paragraph as 

14 the ‘interest account’) and invested as pro15 vided in subparagraph (D). 

16 ‘‘(iii) CREDITING.—The interest 

17 earned from investing amounts in the in18 terest account of each Fund shall be cred19 ited to the interest account. 

20 ‘‘(C) INVESTMENT OF PRINCIPAL AC21 COUNT.— 

22 ‘‘(i) INITIAL INVESTMENT.—Each 

23 amount deposited in the principal account 

24 of each Fund shall be invested initially in 

25 eligible obligations having the shortest ma-
251 

•S 728 IS 

1 turity then available until the date on 

2 which the amount is divided into 3 sub3 stantially equal portions and those portions 

4 are invested in eligible obligations that are 

5 identical (except for transferability) to the 

6 next-issued publicly issued Treasury obli7 gations having a 2-year maturity, a 5-year 

8 maturity, and a 10-year maturity, respec9 tively. 

10 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

11 each 2-year, 5-year, and 10-year eligible 

12 obligation matures, the principal of the 

13 maturing eligible obligation shall also be 

14 invested initially in the shortest-maturity 

15 eligible obligation then available until the 

16 principal is reinvested substantially equally 

17 in the eligible obligations that are identical 

18 (except for transferability) to the next19 issued publicly issued Treasury obligations 

20 having 2-year, 5-year, and 10-year matu21 rities. 

22 ‘‘(iii) DISCONTINUATION OF ISSUANCE

23 OF OBLIGATIONS.—If the Department of 

24 the Treasury discontinues issuing to the 

25 public obligations having 2-year, 5-year, or 
252 

•S 728 IS 

1 10-year maturities, the principal of any 

2 maturing eligible obligation shall be rein3 vested substantially equally in eligible obli4 gations that are identical (except for trans5 ferability) to the next-issued publicly 

6 issued Treasury obligations of the matu7 rities longer than 1 year then available. 

8 ‘‘(D) INVESTMENT OF THE INTEREST AC9 COUNT.— 

10 ‘‘(i) BEFORE FULL CAPITALIZA11 TION.—Until the date on which each Fund 

12 is fully capitalized, amounts in the interest 

13 account of the Fund shall be invested in el14 igible obligations that are identical (except 

15 for transferability) to publicly issued 

16 Treasury obligations that have maturities 

17 that coincide, to the maximum extent prac18 ticable, with the date on which the Fund 

19 is expected to be fully capitalized. 

20 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

21 On and after the date on which each Fund 

22 is fully capitalized, amounts in the interest 

23 account of the Fund shall be invested and 

24 reinvested in eligible obligations having the 

25 shortest maturity then available until the 
253 

•S 728 IS 

1 amounts are withdrawn and transferred to 

2 fund the activities authorized under sub3 section (d)(3). 

4 ‘‘(E) PAR PURCHASE PRICE.—The price to 

5 be paid for eligible obligations purchased as in6 vestments of the principal account shall not ex7 ceed the par value of the obligations so that the 

8 amount of the principal account shall be pre9 served in perpetuity. 

10 ‘‘(F) HIGHEST YIELD.—Among eligible ob11 ligations having the same maturity and pur12 chase price, the obligation to be purchased shall 

13 be the obligation having the highest yield. 

14 ‘‘(G) HOLDING TO MATURITY.—Eligible 

15 obligations purchased shall generally be held to 

16 their maturities. 

17 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI18 TIES.—Not less frequently than once each calendar 

19 year, the Secretary of the Treasury shall review with 

20 the Cheyenne River Sioux Tribe and the Lower 

21 Brule Sioux Tribe the results of the investment ac22 tivities and financial status of the Funds during the 

23 preceding 12-month period.’’; and 

24 (2) by striking subsection (f) and inserting the 

25 following: 
254 

•S 728 IS 

1 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au2 thorized to be appropriated, out of any money in the 

3 Treasury not otherwise appropriated, to the Secretary of 

4 the Treasury to pay expenses associated with investing the 

5 Funds and auditing the uses of amounts withdrawn from 

6 the Funds— 

7 ‘‘(1) up to $500,000 for each of fiscal years 

8 2006 and 2007; and 

9 ‘‘(2) such sums as are necessary for each subse10 quent fiscal year.’’. 

11 SEC. 5008. CONNECTICUT RIVER DAMS, VERMONT. 

12 (a) IN GENERAL.—The Secretary shall evaluate, de13 sign, and construct structural modifications at full Fed14 eral cost to the Union Village Dam (Ompompanoosuc 

15 River), North Hartland Dam (Ottauquechee River), North 

16 Springfield Dam (Black River), Ball Mountain Dam (West 

17 River), and Townshend Dam (West River), Vermont, to 

18 regulate flow and temperature to mitigate downstream im19 pacts on aquatic habitat and fisheries. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $30,000,000. 
255 

•S 728 IS 

1 TITLE VI—PROJECT 

2 DEAUTHORIZATIONS 

3 SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA. 

4 The project for flood damage reduction, Little Cove 

5 Creek, Glencoe, Alabama, authorized by the Supplemental 

6 Appropriations Act, 1985 (99 Stat. 312), is not author7 ized. 

8 SEC. 6002. GOLETA AND VICINITY, CALIFORNIA. 

9 The project for flood control, Goleta and Vicinity, 

10 California, authorized by section 201 of the Flood Control 

11 Act of 1970 (84 Stat. 1826), is not authorized. 

12 SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT. 

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

14 navigation, Bridgeport Harbor, Connecticut, authorized 

15 by the Act of July 3, 1930 (46 Stat. 919), consisting of 

16 an 18-foot channel in Yellow Mill River and described in 

17 subsection (b), is not authorized. 

18 (b) DESCRIPTION OF PROJECT.—The project re19 ferred to in subsection (a) is described as beginning at 

20 a point along the eastern limit of the existing project, N. 

21 123,649.75, E. 481,920.54, thence running northwesterly 

22 about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 

23 thence running northeasterly about 1,442.21 feet to a 

24 point N. 125,030.08, E. 482,394.96, thence running 

25 northeasterly about 139.52 feet to a point along the east 
256 

•S 728 IS 

1 limit of the existing channel, N. 125,133.87, E. 

2 482,488.19, thence running southwesterly about 1,588.98 

3 feet to the point of origin. 

4 SEC. 6004. BRIDGEPORT, CONNECTICUT. 

5 The project for environmental infrastructure, Bridge6 port, Connecticut, authorized by section 219(f)(26) of the 

7 Water Resources Development Act of 1992 (106 Stat. 

8 4835; 113 Stat. 336), is not authorized. 

9 SEC. 6005. HARTFORD, CONNECTICUT. 

10 The project for environmental infrastructure, Hart11 ford, Connecticut, authorized by section 219(f)(27) of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4835; 113 Stat. 336), is not authorized. 

14 SEC. 6006. NEW HAVEN, CONNECTICUT. 

15 The project for environmental infrastructure, New 

16 Haven, Connecticut, authorized by section 219(f)(28) of 

17 the Water Resources Development Act of 1992 (106 Stat. 

18 4835; 113 Stat. 336), is not authorized. 

19 SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO 

20 CHESAPEAKE BAY, PART II, INSTALLATION 

21 OF FENDER PROTECTION FOR BRIDGES, 

22 DELAWARE AND MARYLAND. 

23 The project for the construction of bridge fenders for 

24 the Summit and St. Georges Bridge for the Inland Water25 way of the Delaware River to the C & D Canal of the 
257 

•S 728 IS 

1 Chesapeake Bay authorized by the River and Harbor Act 

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

3 SEC. 6008. CENTRAL AND SOUTHERN FLORIDA, EVER4 GLADES NATIONAL PARK, FLORIDA. 

5 The project to modify the Central and Southern Flor6 ida project to improve water supply to the Everglades Na7 tional Park, Florida, authorized by section 203 of the 

8 Flood Control Act of 1954 (68 Stat. 1257) and the Flood 

9 Control Act of 1968 (82 Stat. 740), is not authorized. 

10 SEC. 6009. SHINGLE CREEK BASIN, FLORIDA. 

11 The project for flood control, Central and Southern 

12 Florida Project, Shingle Creek Basin, Florida, authorized 

13 by section 203 of the Flood Control Act of 1962 (76 Stat. 

14 1182), is not authorized. 

15 SEC. 6010. BREVOORT, INDIANA. 

16 The project for flood control, Brevoort, Indiana, au17 thorized under section 5 of the Flood Control Act of 1936 

18 (49 Stat. 1587), is not authorized. 

19 SEC. 6011. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA. 

20 The project for flood control, Middle Wabash, Green21 field Bayou, Indiana, authorized by section 10 of the 

22 Flood Control Act of 1946 (60 Stat. 649), is not author23 ized. 
258 

•S 728 IS 

1 SEC. 6012. LAKE GEORGE, HOBART, INDIANA. 

2 The project for flood damage reduction, Lake George, 

3 Hobart, Indiana, authorized by section 602 of the Water 

4 Resources Development Act of 1986 (100 Stat. 4148), is 

5 not authorized. 

6 SEC. 6013. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 

7 2, IOWA. 

8 The project for flood damage reduction, Green Bay 

9 Levee and Drainage District No. 2, Iowa, authorized by 

10 section 401(a) of the Water Resources Development Act 

11 of 1986 (100 Stat. 4115), deauthorized in fiscal year 

12 1991, and reauthorized by section 115(a)(1) of the Water 

13 Resources Development Act of 1992 (106 Stat. 4821), is 

14 not authorized. 

15 SEC. 6014. MUSCATINE HARBOR, IOWA. 

16 The project for navigation at the Muscatine Harbor 

17 on the Mississippi River at Muscatine, Iowa, authorized 

18 by section 101 of the River and Harbor Act of 1950 (64 

19 Stat. 166), is not authorized. 

20 SEC. 6015. BIG SOUTH FORK NATIONAL RIVER AND REC21 REATIONAL AREA, KENTUCKY AND TEN22 NESSEE. 

23 The project for recreation facilities at Big South 

24 Fork National River and Recreational Area, Kentucky and 

25 Tennessee, authorized by section 108 of the Water Re-
259 

•S 728 IS 

1 sources Development Act of 1974 (88 Stat. 43), is not 

2 authorized. 

3 SEC. 6016. EAGLE CREEK LAKE, KENTUCKY. 

4 The project for flood control and water supply, Eagle 

5 Creek Lake, Kentucky, authorized by section 203 of the 

6 Flood Control Act of 1962 (76 Stat. 1188), is not author7 ized. 

8 SEC. 6017. HAZARD, KENTUCKY. 

9 The project for flood damage reduction, Hazard, 

10 Kentucky, authorized by section 3 of the Water Resources 

11 Development Act of 1988 (102 Stat. 4014) and section 

12 108 of the Water Resources Development Act of 1990 

13 (104 Stat. 4621), is not authorized. 

14 SEC. 6018. WEST KENTUCKY TRIBUTARIES, KENTUCKY. 

15 The project for flood control, West Kentucky Tribu16 taries, Kentucky, authorized by section 204 of the Flood 

17 Control Act of 1965 (79 Stat. 1081), section 201 of the 

18 Flood Control Act of 1970 (84 Stat. 1825), and section 

19 401(b) of the Water Resources Development Act of 1986 

20 (100 Stat. 4129), is not authorized. 

21 SEC. 6019. BAYOU COCODRIE AND TRIBUTARIES, LOU22 ISIANA. 

23 The project for flood damage reduction, Bayou 

24 Cocodrie and Tributaries, Louisiana, authorized by section 

25 3 of the of the Act entitled ‘‘An Act authorizing the con-
260 

•S 728 IS 

1 struction of certain public works on rivers and harbors for 

2 flood control, and for other purposes’’, approved August 

3 18, 1941 (55 Stat. 644), and section 1(a) of the Water 

4 Resources Development Act of 1974 (88 Stat. 12), is not 

5 authorized. 

6 SEC. 6020. BAYOU LAFOURCHE AND LAFOURCHE JUMP, 

7 LOUISIANA. 

8 The uncompleted portions of the project for naviga9 tion improvement for Bayou LaFourche and LaFourche 

10 Jump, Louisiana, authorized by the Act of August 30, 

11 1935 (49 Stat. 1033, chapter 831) and the River and 

12 Harbor Act of 1960 (74 Stat. 481), are not authorized. 

13 SEC. 6021. EASTERN RAPIDES AND SOUTH-CENTRAL 

14 AVOYELLES PARISHES, LOUISIANA. 

15 The project for flood control, Eastern Rapides and 

16 South-Central Avoyelles Parishes, Louisiana, authorized 

17 by section 201 of the Flood Control Act of 1970 (84 Stat. 

18 1825), is not authorized. 

19 SEC. 6022. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU20 ISIANA. 

21 The project for erosion protection and recreation, 

22 Fort Livingston, Grande Terre Island, Louisiana, author23 ized by the Act of August 13, 1946 (commonly known as 

24 the ‘‘Flood Control Act of 1946’’) (33 U.S.C. 426e et 

25 seq.), is not authorized. 
261 

•S 728 IS 

1 SEC. 6023. GULF INTERCOASTAL WATERWAY, LAKE 

2 BORGNE AND CHEF MENTEUR, LOUISIANA. 

3 The project for the construction of bulkheads and jet4 ties at Lake Borgne and Chef Menteur, Louisiana, as part 

5 of the Gulf Intercoastal Waterway authorized by the first 

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

7 635) is not authorized. 

8 SEC. 6024. 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. 6025. CASCO BAY, PORTLAND, MAINE. 

15 The project for environmental infrastructure, Casco 

16 Bay in the Vicinity of Portland, Maine, authorized by sec17 tion 307 of the Water Resources Development Act of 1992 

18 (106 Stat. 4841), is not authorized. 

19 SEC. 6026. NORTHEAST HARBOR, MAINE. 

20 The project for navigation, Northeast Harbor, Maine, 

21 authorized by section 2 of the Act of March 2, 1945 (59 

22 Stat. 12, chapter 19), is not authorized. 

23 SEC. 6027. PENOBSCOT RIVER, BANGOR, MAINE. 

24 The project for environmental infrastructure, Penob25 scot River in the Vicinity of Bangor, Maine, authorized 
262 

•S 728 IS 

1 by section 307 of the Water Resources Development Act 

2 of 1992 (106 Stat. 4841), is not authorized. 

3 SEC. 6028. SAINT JOHN RIVER BASIN, MAINE. 

4 The project for research and demonstration program 

5 of cropland irrigation and soil conservation techniques, 

6 Saint John River Basin, Maine, authorized by section 

7 1108 of the Water Resources Development Act of 1986 

8 (106 Stat. 4230), is not authorized. 

9 SEC. 6029. TENANTS HARBOR, MAINE. 

10 The project for navigation, Tenants Harbor, Maine, 

11 authorized by the first section of the Act of March 2, 1919 

12 (40 Stat. 1275, chapter 95), is not authorized. 

13 SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN. 

14 The project for navigation, Grand Haven Harbor, 

15 Michigan, authorized by section 202(a) of the Water Re16 sources Development Act of 1986 (100 Stat. 4093), is not 

17 authorized. 

18 SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI. 

19 The project for navigation, Greenville Harbor, Mis20 sissippi, authorized by section 601(a) of the Water Re21 sources Development Act of 1986 (100 Stat. 4142), is not 

22 authorized. 
263 

•S 728 IS 

1 SEC. 6032. PLATTE RIVER FLOOD AND RELATED 

2 STREAMBANK EROSION CONTROL, NE3 BRASKA. 

4 The project for flood damage reduction, Platte River 

5 Flood and Related Streambank Erosion Control, Ne6 braska, authorized by section 603 of the Water Resources 

7 Development Act of 1986 (100 Stat. 4149), is not author8 ized. 

9 SEC. 6033. EPPING, NEW HAMPSHIRE. 

10 The project for environmental infrastructure, Ep11 ping, New Hampshire, authorized by section 219(c)(6) of 

12 the Water Resources Development Act of 1992 (106 Stat. 

13 4835), is not authorized. 

14 SEC. 6034. MANCHESTER, NEW HAMPSHIRE. 

15 The project for environmental infrastructure, Man16 chester, New Hampshire, authorized by section 219(c)(7) 

17 of the Water Resources Development Act of 1992 (106 

18 Stat. 4836), is not authorized. 

19 SEC. 6035. NEW YORK HARBOR AND ADJACENT CHANNELS, 

20 CLAREMONT TERMINAL, JERSEY CITY, NEW 

21 JERSEY. 

22 The project for navigation, New York Harbor and ad23 jacent channels, Claremont Terminal, Jersey City, New 

24 Jersey, authorized by section 202(b) of the Water Re25 sources Development Act of 1986 (100 Stat. 4098), is not 

26 authorized. 
264 

•S 728 IS 

1 SEC. 6036. EISENHOWER AND SNELL LOCKS, NEW YORK. 

2 The project for navigation, Eisenhower and Snell 

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

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

5 not authorized. 

6 SEC. 6037. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK. 

7 The project for navigation, Olcott Harbor, Lake On8 tario, New York, authorized by section 601(a) of the 

9 Water Resources Development Act of 1986 (100 Stat. 

10 4143), is not authorized. 

11 SEC. 6038. OUTER HARBOR, BUFFALO, NEW YORK. 

12 The project for navigation, Outer Harbor, Buffalo, 

13 New York, authorized by section 110 of the Water Re14 sources Development Act of 1992 (106 Stat. 4817), is not 

15 authorized. 

16 SEC. 6039. SUGAR CREEK BASIN, NORTH CAROLINA AND 

17 SOUTH CAROLINA. 

18 The project for flood damage reduction, Sugar Creek 

19 Basin, North Carolina and South Carolina, authorized by 

20 section 401(a) of the Water Resources Development Act 

21 of 1986 (100 Stat. 4121), is not authorized. 

22 SEC. 6040. CLEVELAND HARBOR 1958 ACT, OHIO. 

23 The project for navigation, Cleveland Harbor 

24 (Uncompleted Portion), Ohio, authorized by section 101 

25 of the River and Harbor Act of 1958 (72 Stat. 299), is 

26 not authorized. 
265 

•S 728 IS 

1 SEC. 6041. CLEVELAND HARBOR 1960 ACT, OHIO. 

2 The project for navigation, Cleveland Harbor 

3 (Uncompleted Portion), Ohio, authorized by section 101 

4 of the River and Harbor Act of 1960 (74 Stat. 482), is 

5 not authorized. 

6 SEC. 6042. CLEVELAND HARBOR, UNCOMPLETED PORTION 

7 OF CUT #4, OHIO. 

8 The project for navigation, Cleveland Harbor 

9 (Uncompleted Portion of Cut #4), Ohio, authorized by the 

10 first section of the Act of July 24, 1946 (60 Stat. 636, 

11 chapter 595), is not authorized. 

12 SEC. 6043. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM13 MOND, OREGON. 

14 The project for the Columbia River, Seafarers Memo15 rial, Hammond, Oregon, authorized by title I of the En16 ergy and Water Development Appropriations Act, 1991 

17 (104 Stat. 2078), is not authorized. 

18 SEC. 6044. CHARTIERS CREEK, CANNONSBURG (HOUSTON 

19 REACH UNIT 2B), PENNSYLVANIA. 

20 The project for flood control, Chartiers Creek, 

21 Cannonsburg (Houston Reach Unit 2B), Pennsylvania, 

22 authorized by section 204 of the Flood Control Act of 

23 1965 (79 Stat. 1081), is not authorized. 

24 SEC. 6045. SCHUYLKILL RIVER, PENNSYLVANIA. 

25 The project for navigation, Schuylkill River (Mouth 

26 to Penrose Avenue), Pennsylvania, authorized by section 
266 

•S 728 IS 

1 3(a)(12) of the Water Resources Development Act of 1988 

2 (102 Stat. 4013), is not authorized. 

3 SEC. 6046. TIOGA-HAMMOND LAKES, PENNSYLVANIA. 

4 The project for flood control and recreation, Tioga5 Hammond Lakes, Mill Creek Recreation, Pennsylvania, 

6 authorized by section 203 of the Flood Control Act of 

7 1958 (72 Stat. 313), is not authorized. 

8 SEC. 6047. TAMAQUA, PENNSYLVANIA. 

9 The project for flood control, Tamaqua, Pennsyl10 vania, authorized by section 1(a) of the Water Resources 

11 Development Act of 1974 (88 Stat. 14), is not authorized. 

12 SEC. 6048. NARRAGANSETT TOWN BEACH, NARRAGANSETT, 

13 RHODE ISLAND. 

14 The project for navigation, Narragansett Town 

15 Beach, Narragansett, Rhode Island, authorized by section 

16 361 of the Water Resources Development Act of 1992 

17 (106 Stat. 4861), is not authorized. 

18 SEC. 6049. QUONSET POINT-DAVISVILLE, RHODE ISLAND. 

19 The project for bulkhead repairs, Quonset Point20 Davisville, Rhode Island, authorized by section 571 of the 

21 Water Resources Development Act of 1996 (110 Stat. 

22 3788), is not authorized. 

23 SEC. 6050. ARROYO COLORADO, TEXAS. 

24 The project for flood damage reduction, Arroyo Colo25 rado, Texas, authorized by section 401(a) of the Water 
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1 Resources Development Act of 1986 (100 Stat. 4125), is 

2 not authorized. 

3 SEC. 6051. CYPRESS CREEK-STRUCTURAL, TEXAS. 

4 The project for flood damage reduction, Cypress 

5 Creek-Structural, Texas, authorized by section 3(a)(13) of 

6 the Water Resources Development Act of 1988 (102 Stat. 

7 4014), is not authorized. 

8 SEC. 6052. EAST FORK CHANNEL IMPROVEMENT, INCRE9 MENT 2, EAST FORK OF THE TRINITY RIVER, 

10 TEXAS. 

11 The project for flood damage reduction, East Fork 

12 Channel Improvement, Increment 2, East Fork of the 

13 Trinity River, Texas, authorized by section 203 of the 

14 Flood Control Act of 1962 (76 Stat. 1185), is not author15 ized. 

16 SEC. 6053. FALFURRIAS, TEXAS. 

17 The project for flood damage reduction, Falfurrias, 

18 Texas, authorized by section 3(a)(14) of the Water Re19 sources Development Act of 1988 (102 Stat. 4014), is not 

20 authorized. 

21 SEC. 6054. PECAN BAYOU LAKE, TEXAS. 

22 The project for flood control, Pecan Bayou Lake, 

23 Texas, authorized by section 203 of the Flood Control Act 

24 of 1968 (82 Stat. 742), is not authorized. 
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1 SEC. 6055. LAKE OF THE PINES, TEXAS. 

2 The project for navigation improvements affecting 

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

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

5 1892 (27 Stat. 88, chapter 158), as amended by the Act 

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

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

8 River and Harbor Act of 1968 (82 Stat. 731), is not au9 thorized. 

10 SEC. 6056. TENNESSEE COLONY LAKE, TEXAS. 

11 The project for navigation, Tennessee Colony Lake, 

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

13 River and Harbor Act of 1965 (79 Stat. 1091), is not au14 thorized. 

15 SEC. 6057. CITY WATERWAY, TACOMA, WASHINGTON. 

16 The portion of the project for navigation, City Water17 way, Tacoma, Washington, authorized by the first section 

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

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

20 Waterway beginning at Station 70+00 and ending at Sta21 tion 80+00, is not authorized. 

22 SEC. 6058. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA. 

23 The project for bank erosion, Kanawha River, 

24 Charleston, West Virginia, authorized by section 
269 

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1 603(f)(13) of the Water Resources Development Act of 

2 1986 (100 Stat. 4153), is not authorized. 

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