II 

Calendar No. 93 

109TH CONGRESS 

1ST SESSION S. 728 

[Report No. 109–61] 

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

APRIL 26, 2005 

Reported by Mr. INHOFE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 
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•S 728 RS 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Resources Development Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

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. 

Sec. 2021. Federal hopper dredges. 

Sec. 2022. Obstruction to navigation. 
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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. 

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. McClellan-Kerr Arkansas River navigation system, Arkansas and 

Oklahoma. 

Sec. 3008 3009. Cache Creek Basin, California. 

Sec. 3009 3010. Hamilton Airfield, California. 

Sec. 3010 3011. LA–3 dredged material ocean disposal site designation, California. 

Sec. 3011 3012. Larkspur Ferry Channel, California. 

Sec. 3012 3013. Llagas Creek, California. 

Sec. 3013 3014. Los Angeles Harbor, California. 

Sec. 3014 3015. Magpie Creek, California. 

Sec. 3015 3016. Pine Flat Dam fish and wildlife habitat, California. 

Sec. 3016 3017. Redwood City navigation project, California. 

Sec. 3017 3018. Sacramento and American Rivers flood control, California. 

Sec. 3018 3019. Conditional declaration of nonnavigability, Port of San Francisco, California. 

Sec. 3019 3020. Salton Sea restoration, California. 

Sec. 3020 3021. Upper Guadalupe River, California. 

Sec. 3021 3022. Yuba River Basin project, California. 

Sec. 3022 3023. Charles Hervey Townshend Breakwater, New Haven Harbor, 

Connecticut. 

Sec. 3023 3024. Anchorage area, New London Harbor, Connecticut. 

Sec. 3024 3025. Norwalk Harbor, Connecticut. 

Sec. 3025 3026. St. George’s Bridge, Delaware. 

Sec. 3026 3027. Christina River, Wilmington, Delaware. 

Sec. 3027 3028. Additional program authority, comprehensive Everglades restoration, Florida. 

Sec. 3028 3029. Critical restoration projects, Everglades and south Florida ecosystem restoration, Florida. 

Sec. 3029 3030. Jacksonville Harbor, Florida. 

Sec. 3030 3031. Lake Okeechobee and Hillsboro Aquifer pilot projects, comprehensive Everglades restoration, Florida. 
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Sec. 3031 3032. Lido Key, Sarasota County, Florida. 

Sec. 3032 3033. Tampa Harbor, Cut B, Tampa, Florida. 

Sec. 3033 3034. Allatoona Lake, Georgia. 

Sec. 3034 3035. Dworshak Reservoir improvements, Idaho. 

Sec. 3035 3036. Little Wood River, Gooding, Idaho. 

Sec. 3036 3037. Port of Lewiston, Idaho. 

Sec. 3037 3038. Cache River Levee, Illinois. 

Sec. 3039. Chicago, Illinois. 

Sec. 3038 3040. Chicago River, Illinois. 

Sec. 3039 3041. Missouri and Illinois flood protection projects reconstruction 

pilot program. 

Sec. 3040 3042. Spunky Bottom, Illinois. 

Sec. 3041 3043. Strawn Cemetery, John Redmond Lake, Kansas. 

Sec. 3042 3044. Harry S. Truman Reservoir, Milford, Kansas. 

Sec. 3043 3045. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, 

and West Virginia. 

Sec. 3044 3046. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3045 3047. Calcasieu River and Pass, Louisiana. 

Sec. 3048. Larose to Golden Meadow, Louisiana. 

Sec. 3046 3049. East Baton Rouge Parish, Louisiana. BEL>T3 

Sec. 3047 3050. Red River (J. Bennett Johnston) Waterway, Louisiana. 

Sec. 3048 3051. Camp Ellis, Saco, Maine. 

Sec. 3049 3052. Union River, Maine. 

Sec. 3050 3053. Chesapeake Bay environmental restoration and protection program, Maryland, Pennsylvania, and Virginia. 

Sec. 3051 3054. Cumberland, Maryland. 

Sec. 3052 3055. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 3053 3056. St. Clair River and Lake St. Clair, Michigan. 

Sec. 3054 3057. Duluth Harbor, Minnesota. 

Sec. 3055 3058. Land exchange, Pike County, Missouri. 

Sec. 3056 3059. Union Lake, Missouri. 

Sec. 3057 3060. Fort Peck Fish Hatchery, Montana. 

Sec. 3061. Yellowstone River and tributaries, Montana and North Dakota. 

Sec. 3058 3062. Lower Truckee River, Mccarran Ranch, Nevada. 

Sec. 3059 3063. Middle Rio Grande restoration, New Mexico. 

Sec. 3060 3064. Long Island Sound oyster restoration, New York and Connecticut. 

Sec. 3061 3065. Orchard Beach, Bronx, New York. 

Sec. 3062 3066. New York Harbor, New York, New York. 

Sec. 3063 3067. Onondaga Lake, New York. 

Sec. 3064 3068. Missouri River restoration, North Dakota. 

Sec. 3065 3069. Lower Girard Lake Dam, Girard, Ohio. 

Sec. 3066 3070. Toussaint River navigation project, Carroll Township, Ohio. 

Sec. 3067 3071. Arcadia Lake, Oklahoma. 

Sec. 3072. Oklahoma Lake demonstration, Oklahoma. 

Sec. 3068 3073. Waurika Lake, Oklahoma. 

Sec. 3069 3074. Lookout Point, Dexter Lake project, Lowell, Oregon. 

Sec. 3070 3075. Upper Willamette River Watershed ecosystem restoration. 

Sec. 3071 3076. Tioga Township, Pennsylvania. 

Sec. 3072 3077. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 3073 3078. Cooper River Bridge demolition, Charleston, South Carolina. 

Sec. 3074 3079. South Carolina Department of Commerce development proposal 

at Richard B. Russell Lake, South Carolina. 

Sec. 3075 3080. Missouri River restoration, South Dakota. 

Sec. 3076 3081. Missouri and Middle Mississippi Rivers enhancement project. 
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Sec. 3077 3082. Anderson Creek, Jackson and Madison Counties, Tennessee. 

Sec. 3078 3083. Harris Fork Creek, Tennessee and Kentucky. 

Sec. 3079 3084. Nonconnah Weir, Memphis, Tennessee. 

Sec. 308 0 3085. Old Hickory Lock and Dam, Cumberland River, Tennessee. 

Sec. 3081 3086. Sandy Creek, Jackson County, Tennessee. 

Sec. 3082 3087. Cedar Bayou, Texas. 

Sec. 3083 3088. Freeport Harbor, Texas. 

Sec. 3084 3089. Harris County, Texas. 

Sec. 3085 3090. Dam remediation, Vermont. 

Sec. 3086 3091. Lake Champlain eurasian milfoil, water chestnut, and other 

nonnative plant control, Vermont. 

Sec. 3087 3092. Upper Connecticut River Basin wetland restoration, Vermont 

and New Hampshire. 

Sec. 30 88 3093. Upper Connecticut River Basin ecosystem restoration, 

Vermont and New Hampshire. 

Sec. 30 89 3094. Lake Champlain Watershed, Vermont and New York. 

Sec. 309 0 3095. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 309 1 3096. Tangier Island Seawall, Virginia. 

Sec. 309 2 3097. Erosion control, Puget Island, Wahkiakum County, Washington. 

Sec. 309 3 3098. Lower granite pool, Washington. 

Sec. 3094 3099. Mcnary Lock and Dam, Mcnary National Wildlife Refuge, 

Washington and Idaho. 

Sec. 3095 3100. Snake River project, Washington and Idaho. 

Sec. 3 096 3101. Marmet Lock, Kanawha River, West Virginia. 

Sec. 3 097 3102. Lower Mud River, Milton, West Virginia. 

Sec. 3103. Green Bay Harbor Project, Green Bay, Wisconsin. 

Sec. 3098 3104. Underwood Creek diversion facility project, Milwaukee County, 

Wisconsin. BEL>T3 

Sec. 3099 3105. Mississippi River headwaters reservoirs. 

Sec. 310 0 3106. Lower Mississippi River Museum and Riverfront Interpretive 

Site. 

Sec. 310 1 3107. Pilot program, Middle Mississippi River. 

Sec. 3102 3108. Upper Mississippi River system environmental management 

program. 

Sec. 3109. Great Lakes fishery and ecosystem restoration program. 

Sec. 3110. Great Lakes remedial action plans and sediment remediation. 

Sec. 3111. Great Lakes tributary models. 

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. BEL>T3 

Sec. 4011. Bubbly Creek, South Fork of South Branch, Chicago, Illinois. 

Sec. 4012. Grand and Tiger Passes and Baptiste Collette Bayou, Louisiana. 

Sec. 4011 4013. Lake Erie at Luna Pier, Michigan. 
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Sec. 4012 4014. Middle Bass Island State Park, Middle Bass Island, Ohio. 

Sec. 4013 4015. Jasper County port facility study, South Carolina. 

Sec. 4014 4016. 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. BEL>T3 

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. 

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. 
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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. 

Sec. 6057. City Waterway, Tacoma, Washington. 

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

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Army. 

4 TITLE I—WATER RESOURCES 

5 PROJECTS 

6 SEC. 1001. PROJECT AUTHORIZATIONS. 

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

8 otherwise provided in this section, the following projects 

9 for water resources development and conservation and 

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

2 designated in this section: 

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

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

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

6 at a total estimated cost of $12,200,000, with an es7 timated Federal cost of $9,800,000 and an esti8 mated non-Federal cost of $2,400,000. 

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

10 navigation, Haines Harbor, Alaska: Report of the 

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

12 total estimated cost of $12,200,000, with an esti13 mated Federal cost of $9,700,000 and an estimated 

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

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

16 COUNTY, ARIZONA.—The project for ecosystem res17 toration, Rillito River (El Rio Antiguo), Pima Coun18 ty, Arizona: Report of the Chief of Engineers dated 

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

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

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

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

23 project for ecosystem restoration, Tanque Verde 

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

25 dated July 22, 2003, at a total cost of $4,978,000, 
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1 with an estimated Federal cost of $3,236,000 and 

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

3 (5) SALT RIVER (VA SHLYAY AKIMEL), MARI4 COPA COUNTY, ARIZONA.—The project for ecosystem 

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

6 Report of the Chief of Engineers dated January 3, 

7 2005, at a total cost of $138,968,000, with an esti8 mated Federal cost of $90,129,000 and an esti9 mated non-Federal cost of $48,839,000. 

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

11 for flood damage reduction and ecosystem restora12 tion, Hamilton City, California: Report of the Chief 

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

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

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

16 $17,600,000. 

17 (7) IMPERIAL BEACH, CALIFORNIA.—The 

18 project for storm damage reduction, Imperial Beach, 

19 California: Report of the Chief of Engineers, dated 

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

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

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

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

24 beach nourishment over the 50-year life of the 

25 project, with an estimated Federal cost of 
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1 $19,002,000 and an estimated non-Federal cost of 

2 $19,002,000. 

3 (8) MATILIJA DAM, VENTURA COUNTY, CALI4 FORNIA.—The project for ecosystem restoration, 

5 Matilija Dam and Ventura River Watershed, Ven6 tura County, California: Report of the Chief of En7 gineers dated December 20, 2004, at a total cost of 

8 $130,335,000, with an estimated Federal cost of 

9 $78,973,000 and an estimated non-Federal cost of 

10 $48,839,000 $51,362,000. 

11 (9) MIDDLE CREEK, LAKE COUNTY, CALI12 FORNIA.—The project for flood damage reduction 

13 and ecosystem restoration, Middle Creek, Lake 

14 County, California: Report of the Chief of Engineers 

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

16 $41,793,000, with an estimated Federal cost of 

17 $27,256,000 and an estimated non-Federal cost of 

18 $14,537,000. 

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

20 The project for ecosystem restoration, Napa River 

21 Salt Marsh, California: Report of the Chief of Engi22 neers dated December 22, 2004, at a total cost of 

23 $58,412,000, with an estimated Federal cost of 

24 $37,740,000 and an estimated non-Federal cost of 

25 $20,672,000. 
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1 (10) NAPA RIVER SALT MARSH, CALIFORNIA.— 

2 (A) IN GENERAL.—The project for ecosystem 

3 restoration, Napa River Salt Marsh, California, 

4 at a total cost of $100,500,000, with an esti5 mated Federal cost of $64,000,000 and an esti6 mated non-Federal cost of $36,500,000, to be car7 ried out by the Secretary substantially in ac8 cordance with the plans and subject to the condi9 tions recommended in the final report signed by 

10 the Chief of Engineers on December 22, 2004. 

11 (B) ADMINISTRATION.—In carrying out the 

12 project authorized by this paragraph, the Sec13 retary shall— 

14 (i) construct a recycled water pipeline 

15 extending from the Sonoma Valley County 

16 Sanitation District Waste Water Treatment 

17 Plant and the Napa Sanitation District 

18 Waste Water Treatment Plant to the 

19 project; and 

20 (ii) restore or enhance Salt Ponds 1, 

21 1A, 2, and 3. 

22 (C) TRANSFER OF OWNERSHIP.—On com23 pletion of salinity reduction in the project area, 

24 the Secretary shall transfer ownership of the 
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1 pipeline to the non-Federal interest at the fully 

2 depreciated value of the pipeline, less— 

3 (i) the non-Federal cost-share contrib4 uted under subparagraph (A); and 

5 (ii) the estimated value of the water to 

6 be provided as needed for maintenance of 

7 habitat values in the project area through8 out the life of the project. 

9 (11) SOUTH PLATTE RIVER, DENVER, COLO10 RADO.—The project for ecosystem restoration, Den11 ver County Reach, South Platte River, Denver, Colo12 rado: Report of the Chief of Engineers, dated May 

13 16, 2003, at a total cost of $18,824,000, with an es14 timated Federal cost of $12,236,000 and an esti15 mated non-Federal cost of $6,588,000. 

16 (12) INDIAN RIVER LAGOON, SOUTH FLOR17 IDA.— 

18 (A) IN GENERAL.—The Secretary may 

19 carry out the project for ecosystem restoration, 

20 water supply, flood control, and protection of 

21 water quality, Indian River Lagoon, South 

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

23 an estimated first Federal cost of 

24 $605,304,000, and an estimated first non-Fed25 eral cost of $605,304,000, in accordance with 
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1 section 601 of the Water Resources Develop2 ment Act of 2000 (114 Stat. 2680) and the rec3 ommendations of the report of the Chief of En4 gineers, dated August 6, 2004. 

5 (B) DEAUTHORIZATIONS.—As of the date 

6 of enactment of this Act, the following projects 

7 are not authorized: 

8 (i) The uncompleted portions of the 

9 project authorized by section 

10 601(b)(2)(C)(i) of the Water Resources 

11 Development Act of 2000 (114 Stat. 

12 2682), C–44 Basin Storage Reservoir of 

13 the Comprehensive Everglades Restoration 

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

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

16 and an estimated non-Federal cost of 

17 $56,281,000. 

18 (ii) The uncompleted portions of the 

19 project authorized by section 203 of the 

20 Flood Control Act of 1968 (Public Law 

21 90–483; 82 Stat. 740), Martin County, 

22 Florida, modifications to Central and 

23 South Florida Project, as contained in 

24 Senate Document 101, 90th Congress, 2d 

25 Session, at a total cost of $15,471,000, 
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1 with an estimated Federal cost of 

2 $8,073,000, and an estimated non-Federal 

3 cost of $7,398,000. 

4 (iii) The uncompleted portions of the 

5 project authorized by section 203 of the 

6 Flood Control Act of 1968 (Public Law 

7 90–483; 82 Stat. 740), East Coast 

8 Backpumping, St. Lucie–Martin County, 

9 Spillway Structure S–311 of the Central 

10 and South Florida Project, as contained in 

11 House Document 369, 90th Congress, 2d 

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

13 with an estimated Federal cost of 

14 $55,124,000, and an estimated non-Fed15 eral cost of $21,994,000. 

16 (13) EAST ST. LOUIS AND VICINITY, ILLI17 NOIS.—The project for ecosystem restoration and 

18 recreation, East St. Louis and Vicinity, Illinois: Re19 port of the Chief of Engineers dated December 22, 

20 2004, at a total cost of $191,158,000, with an esti21 mated Federal cost of $123,807,000 and an esti22 mated non-Federal cost of $67,351,000. 

23 (14) PEORIA RIVERFRONT, ILLINOIS.—The 

24 project for ecosystem restoration, Peoria Riverfront, 

25 Illinois: Report of the Chief of Engineers, dated July 
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1 28, 2003, at a total cost of $16,000,000, with an es2 timated Federal cost of $10,400,000 and an esti3 mated non-Federal cost of $5,600,000. 

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

5 project for navigation, Bayou Sorrel Lock, Lou6 isiana: Report of the Chief of Engineers dated Janu7 ary 3, 2005, at a total cost of $9,000,000. The costs 

8 of construction of the project are to be paid half 

1 9 ⁄2 from amounts appropriated from the general 

fund of the Treasury and half 1 10 ⁄2 from amounts 

11 appropriated from the Inland Waterways Trust 

12 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 
18 

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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 
19 

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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)— 
20 

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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 
21 

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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 
22 

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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. 
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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. 
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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.— 
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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 
26 

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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. 
27 

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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 
28 

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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 
29 

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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. 
30 

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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-
31 

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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 
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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; 
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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. 
34 

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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 
35 

•S 728 RS 

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 
36 

•S 728 RS 

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; 
37 

•S 728 RS 

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 
38 

•S 728 RS 

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— 
39 

•S 728 RS 

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.— 
40 

•S 728 RS 

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 If necessary, the Secretary, 

13 in conjunction with the Chief of Engineers, shall 

14 submit to Congress a report recommending modi15 fications to the Mississippi River Gulf Outlet, includ16 ing measures to prevent the intrusion of saltwater 

17 into the Outlet. 

18 (g) SCIENCE AND TECHNOLOGY.— 

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

20 a coastal Louisiana ecosystem science and tech21 nology program. 

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

23 established by paragraph (1) shall be— 

24 (A) to identify any uncertainty relating to 

25 the physical, chemical, geological, biological, 
41 

•S 728 RS 

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 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 
42 

•S 728 RS 

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 (i) STUDIES.— 

23 (1) DEGRADATION.—Not later than 180 days 

24 after the date of enactment of this Act, the Secretary, 

25 in consultation with the non-Federal interest, shall 
43 

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1 enter into a contract with the National Academy of 

2 Sciences under which the National Academy of 

3 Sciences shall carry out a study to identify— 

4 (A) the cause of any degradation of the 

5 Louisiana Coastal Area ecosystem that occurred 

6 as a result of an activity approved by the Sec7 retary; and 

8 (B) the sources of the degradation. 

9 (2) FINANCE.—On completion, and taking into 

10 account the results, of the study conducted under 

11 paragraph (1), the Secretary, in consultation with the 

12 non-Federal interest, shall study— 

13 (A) financing alternatives for the program 

14 authorized under subsection (a); and 

15 (B) potential reductions in the expenditure 

16 of Federal funds in emergency responses that 

17 would occur as a result of ecosystem restoration 

18 in the Louisiana Coastal Area. 

19 (j) REPORT.—Not later than July 1, 2006, the Sec20 retary shall submit to Congress a feasibility report on the 

21 features included in table 3 of the report described in sub22 section (a). 

23 (k) PROJECT MODIFICATIONS.— 

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

25 with any non-Federal interest, shall review each fed-
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1 erally-authorized water resources project in the 

2 coastal Louisiana area in existence on the date of 

3 enactment of this Act to determine whether— 

4 (A) each project is in accordance with the 

5 program under subsection (a); and 

6 (B) the project could contribute to eco7 system restoration under subsection (a) through 

8 modification of the operations or features of the 

9 project. 

10 (2) AUTHORIZATION.—Subject to paragraphs (3) 

11 and (4), the Secretary may carry out the modifica12 tions described in paragraph (1)(B). 

13 (2) (3) PUBLIC NOTICE AND COMMENT.—Be14 fore modifying an operation or feature of a project 

15 under paragraph (1)(B), completing the report re16 quired under paragraph (4), the Secretary shall pro17 vide an opportunity for public notice and comment. 

18 (3) (4) REPORT.— 

19 (A) IN GENERAL.—Before modifying an 

20 operation or feature of a project under para21 graph (1)(B), the Secretary shall submit to the 

22 Committee on Environment and Public Works 

23 of the Senate and the Committee on Transpor24 tation and Infrastructure of the House of Rep-
45 

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1 resentatives a report describing the modifica2 tion. 

3 (B) INCLUSION.—A report under para4 graph (2)(B) subparagraph (A) shall include 

5 such information relating to the timeline and 

6 cost of a modification as the Secretary deter7 mines to be relevant. 

8 (4) (5) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

10 this subsection $10,000,000. 

11 SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUC12 TION. 

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

14 study for each of the following projects and, if the Sec15 retary determines that a project is feasible, may carry out 

16 the project under section 205 of the Flood Control Act 

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

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

19 Project for flood damage reduction, Cache River 

20 basin, Grubbs, Arkansas. 

21 SEC. 1005. SMALL PROJECTS FOR NAVIGATION. 

22 The Secretary shall conduct a study for each of the 

23 following projects and, if the Secretary determines that 

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

2 577): 

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

4 for navigation, Little Rock Port, Arkansas River, 

5 Arkansas. 

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

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

8 Michigan. 

9 (3) OUTER CHANNEL AND INNER HARBOR, ME10 NOMINEE HARBOR, MICHIGAN AND WISCONSIN.— 

11 Project for navigation, Outer Channel and Inner 

12 Harbor, Menominee Harbor, Michigan and Wis13 consin. 

14 (4) MIDDLE BASS ISLAND STATE PARK, MIDDLE

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

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

17 (5) OUTER CHANNEL AND INNER HARBOR, ME18 NOMINEE, WISCONSIN.—Project for navigation, Me19 nominee Harbor, Michigan and Wisconsin. 

20 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

21 RESTORATION. 

22 The Secretary shall conduct a study for each of the 

23 following projects and, if the Secretary determines that 

24 a project is appropriate, may carry out the project under 
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1 section 206 of the Water Resources Development Act of 

2 1996 (33 U.S.C. 2330): 

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

4 for aquatic ecosystem restoration, San Diego River, 

5 California, including efforts to address invasive 

6 aquatic plant species. 

7 (2) SUISON MARSH, SAN PABLO BAY, CALI8 FORNIA.—Project for aquatic ecosystem restoration, 

9 San Pablo Bay, California. 

10 (3) BLACKSTONE RIVER, RHODE ISLAND.— 

11 Project for aquatic ecosystem restoration, Black12 stone River, Rhode Island. 

13 TITLE II—GENERAL PROVISIONS 

14 Subtitle A—Provisions 

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

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

17 U.S.C. 1962d–5b) is amended— 

18 (1) by striking ‘‘SEC. 221 (a) After’’ and insert19 ing the following: 

20 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

21 WATER RESOURCES PROJECTS. 

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

23 ‘‘(1) IN GENERAL.—After’’; and 

24 (2) in subsection (a)— 
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1 (A) by striking ‘‘In any’’ and inserting the 

2 following: 

3 ‘‘(2) FUTURE APPROPRIATIONS.—In any’’; and 

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

5 (1) by striking ‘‘SEC. 221’’ and inserting the fol6 lowing: 

7 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

8 WATER RESOURCES PROJECTS.’’ 

9 ; and 

10 (2) by striking subsection (a) and inserting the 

11 following: 

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

13 ‘‘(1) IN GENERAL.—After December 31, 1970, the 

14 construction of any water resources project, or an ac15 ceptable separable element thereof, by the Secretary of 

16 the Army, acting through the Chief of Engineers, or 

17 by a non-Federal interest where such interest will be 

18 reimbursed for such construction under any provision 

19 of law, shall not be commenced until each non-Federal 

20 interest has entered into a written partnership agree21 ment with the district engineer for the district in 

22 which the project will be carried out under which each 

23 party agrees to carry out its responsibilities and re24 quirements for implementation or construction of the 

25 project or the appropriate element of the project, as 
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1 the case may be; except that no such agreement shall 

2 be required if the Secretary determines that the ad3 ministrative costs associated with negotiating, exe4 cuting, or administering the agreement would exceed 

5 the amount of the contribution required from the non6 Federal interest and are less than $25,000. 

7 ‘‘(2) LIQUIDATED DAMAGES.—An agreement de8 scribed in paragraph (1) may include a provision for 

9 liquidated damages in the event of a failure of 1 or 

10 more parties to perform. 

11 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA12 TIONS.—In any such agreement entered into by a 

13 State, or a body politic of the State which derives its 

14 powers from the State constitution, or a governmental 

15 entity created by the State legislature, the agreement 

16 may reflect that it does not obligate future appropria17 tions for such performance and payment when obli18 gating future appropriations would be inconsistent 

19 with constitutional or statutory limitations of the 

20 State or a political subdivision of the State. 

21 ‘‘(3) (4) CREDIT FOR IN-KIND CONTRIBU22 TIONS.— 

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

24 paragraph (1) shall provide that the Secretary 

25 shall credit toward the non-Federal share of the 
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1 cost of the project, including a project imple2 mented under general continuing authority, the 

3 value of in-kind contributions made by the non4 Federal interest, including— 

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

6 data collection), design, management, miti7 gation, construction, and construction serv8 ices that are provided by the non-Federal 

9 interest for implementation of the project; 

10 and 

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

12 provided before execution of an agreement 

13 for the project, including— 

14 ‘‘(I) efforts on constructed ele15 ments incorporated into the project; 

16 and 

17 ‘‘(II) materials and services pro18 vided after an agreement is executed. 

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

20 credit an in-kind contribution under subpara21 graph (A) if the Secretary determines that the 

22 property or service provided as an in-kind con23 tribution is integral to the project. 

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

25 a project— 
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1 ‘‘(i) shall not exceed the non-Federal 

2 share of the cost of the project; 

3 ‘‘(ii) shall not alter any other require4 ment that a non-Federal interest provide 

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

6 area for disposal of dredged material for 

7 the project; and 

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

9 reasonable costs of the materials, services, 

10 or other things provided by the non-Fed11 eral interest, as determined by the Sec12 retary.’’. 

13 SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT 

14 AUTHORITY. 

15 Section 234 of the Water Resources Development Act 

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

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

18 following: 

19 ‘‘(a) IN GENERAL.—The Secretary may engage in ac20 tivities (including contracting) in support of other Federal 

21 agencies, international organizations, or foreign govern22 ments to address problems of national significance to the 

23 United States.’’; 

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

25 State’’ and inserting ‘‘Department of State’’; and 
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1 (3) in subsection (d)— 

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

3 2001’’ and inserting ‘‘$1,000,000 for fiscal year 

4 2006’’; and 

5 (B) by striking ‘‘or international organiza6 tions’’ and inserting ‘‘, international organiza7 tions, or foreign governments’’. 

8 SEC. 2003. TRAINING FUNDS. 

9 (a) IN GENERAL.—The Secretary may include indi10 viduals from the non-Federal interest, including the private 

11 sector, in training classes and courses offered by the Corps 

12 of Engineers in any case in which the Secretary deter13 mines that it is in the best interest of the Federal Govern14 ment to include those individuals as participants. 

15 (b) EXPENSES.— 

16 (1) IN GENERAL.—An individual from the pri17 vate sector a non-Federal interest attending a train18 ing class or course described in subsection (a) shall 

19 pay the full cost of the training provided to the indi20 vidual. 

21 (2) PAYMENTS.—Payments made by an indi22 vidual for training received under paragraph (1), up 

23 to the actual cost of the training— 

24 (A) may be retained by the Secretary; 
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1 (B) shall be credited to an appropriation 

2 or account used for paying training costs; and 

3 (C) shall be available for use by the Sec4 retary, without further appropriation, for train5 ing purposes. 

6 (3) EXCESS AMOUNTS.—Any payments received 

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

8 cost of training provided shall be credited as mis9 cellaneous receipts to the Treasury of the United 

10 States. 

11 SEC. 2004. RECREATIONAL AREAS AND PROJECT SITES. 

12 (a) CONSTRUCTION AND OPERATION OF PUBLIC

13 PARKS AND RECREATIONAL FACILITIES IN WATER RE14 SOURCE DEVELOPMENT PROJECTS; LEASE OF LANDS; 

15 PREFERENCE FOR USE; PENALTY; APPLICATION OF SEC16 TION 3401 OF TITLE 18, UNITED STATES CODE; CITA17 TIONS AND ARRESTS WITH AND WITHOUT PROCESS; LIM18 ITATIONS; DISPOSITION OF RECEIPTS.—Section 4 of the 

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

20 ‘‘Flood Control Act of 1944’’) (16 U.S.C. 460d) is amend21 ed— 

22 (1) in the second sentence— 

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

24 and all that follows through ‘‘premises’’ and in25 serting the following: ‘‘Provided, That any new 
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1 lease granted under this section to a nonprofit 

2 organization for park and recreational purposes, 

3 and any new lease or license granted to a Fed4 eral, State, or local governmental agency for 

5 any public purpose, shall include a provision re6 quiring that consideration for the grant of the 

7 lease or license shall be at least sufficient to 

8 pay the costs of administering the grant, as de9 termined by the Secretary of the Army’’; and 

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

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

12 provided’’ and inserting ‘‘Provided’’; and 

13 (2) by striking the last sentence and inserting 

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

15 States for a lease or privilege granted under this 

16 section shall be deposited and made available in ac17 cordance with section 210 of the Flood Control Act 

18 of 1968 (16 U.S.C. 460d–3).’’. 

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

20 Flood Control Act of 1968 (16 U.S.C. 460d–3) is amend21 ed— 

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

23 following: 

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

25 carry out a recreation user fee program to recover from 
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1 users of recreation areas and project sites under the juris2 diction of the Corps of Engineers the portion of costs asso3 ciated with operating and maintaining those recreation 

4 areas and project sites.’’; 

5 (2) in subsection (b)— 

6 (A) in the subsection heading, by inserting 

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

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

9 (C) by redesignating paragraph (2) as 

10 paragraph (3); 

11 (D) in paragraph (1), by striking ‘‘but ex12 cluding’’ and all that follows and inserting the 

13 following: ‘‘, including fees— 

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

15 or project site of an individual or group; and 

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

17 of an outdoor recreation area, a facility, a visi18 tors’ center, a piece of equipment, or a service 

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

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

21 following: 

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

23 shall determine the amount of a fee established and 

24 collected under paragraph (1) based on the fair mar25 ket value, taking into consideration any comparable 
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1 recreation fee for admission to, or use of, the recre2 ation area or project site.’’; 

3 (F) in paragraph (3) (as redesignated by 

4 subparagraph (C))— 

5 (i) by striking ‘‘picnic tables’’; 

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

7 and 

8 (iii) by striking ‘‘or general visitor in9 formation’’ and inserting ‘‘general visitor 

10 information, or a project site or facility 

11 that includes only a boat launch ramp and 

12 a courtesy dock’’; and 

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

14 redesignated by subparagraph (C)) the fol15 lowing: 

16 ‘‘(4) CONTRACTS AND SERVICES.—The Sec17 retary of the Army may— 

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

19 contract that provides for a reasonable commis20 sion, as determined by the Secretary) with any 

21 public or private entity to provide a visitor serv22 ice for a recreation area or project site under 

23 this section, including the taking of reservations 

24 and the provision of information regarding the 

25 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 
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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 
65 

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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 
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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 
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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-
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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 
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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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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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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 
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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 
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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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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-
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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 
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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-
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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.’’; 
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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 
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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 
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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. 
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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 ap13 proval 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.’’. 
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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) IN GENERAL.—Costs associated with 

18 construction of a project under this section or 

19 identified in a Regional Sediment Management 

20 plan shall be limited solely to construction costs 

21 that are in excess of those costs necessary to 

22 carry out the dredging for construction, oper23 ation, or maintenance of an authorized Federal 

24 water resources project in the most cost-effec-
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1 tive way, consistent with economic, engineering, 

2 and environmental criteria. 

3 ‘‘(B) COST SHARING.—The determination 

4 of any non-Federal share of the construction 

5 cost shall be based on the cost sharing as speci6 fied in subsections (a) through (d) of section 

7 103 of the Water Resources Development Act 

8 of 1986 (33 U.S.C. 2213), for the type of Fed9 eral water resource project using the dredged 

10 resource. 

11 ‘‘(3) TOTAL COST.—Total Federal costs associ12 ated with construction of a project under this section 

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

14 approval. 

15 ‘‘(C) TOTAL COST.—Total Federal costs as16 sociated with construction of a project under this 

17 section shall not exceed $5,000,000 without Con18 gressional approval. 

19 ‘‘(4) (3) OPERATION, MAINTENANCE, REPLACE20 MENT, AND REHABILITATION COSTS.—Operation, 

21 maintenance, replacement, and rehabilitation costs 

22 associated with a project are a non-Federal sponsor 

23 responsibility. 

24 ‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD

25 FOR ENVIRONMENTAL PURPOSES.— 
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1 ‘‘(1) IN GENERAL.—In developing and carrying 

2 out a Federal water resources project involving the 

3 disposal of material, the Secretary may select, with 

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

5 method that is not the least-cost option if the Sec6 retary determines that the incremental costs of the 

7 disposal method are reasonable in relation to the en8 vironmental benefits, including the benefits to the 

9 aquatic environment to be derived from the creation 

10 of wetlands and control of shoreline erosion. 

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

12 such incremental costs shall be determined in ac13 cordance with subsection (c). 

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

15 acting through the Chief of Engineers, may— 

16 ‘‘(1) cooperate with any State in the prepara17 tion of a comprehensive State or regional coastal 

18 sediment management plan within the boundaries of 

19 the State; 

20 ‘‘(2) encourage State participation in the imple21 mentation of the plan; and 

22 ‘‘(3) submit to Congress reports and rec23 ommendations with respect to appropriate Federal 

24 participation in carrying out the plan. 
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1 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 

2 the Secretary shall give priority to regional sediment man3 agement projects in the vicinity of— 

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

5 York; 

6 ‘‘(2) Fletcher Cove, California; 

7 ‘‘(3) Delaware River Estuary, New Jersey and 

8 Pennsylvania; and 

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

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

11 is authorized to be appropriated to carry out this section 

12 $30,000,000 during each fiscal year, to remain available 

13 until expended, for the Federal costs identified under sub14 section (c), of which up to $5,000,000 shall be used for 

15 the development of regional sediment management plans 

16 as provided in subsection (e). 

17 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec18 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

19 1962d–5b), for any project carried out under this section, 

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

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

22 (b) REPEAL.— 

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

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

25 426j) is repealed. 
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1 (2) EXISTING PROJECTS.—The Secretary, act2 ing through the Chief of Engineers, may complete 

3 any project being carried out under section 145 on 

4 the day before the date of enactment of this Act. 

5 SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE6 VELOPMENT PROGRAM. 

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

8 Act authorizing Federal participation in the cost of pro9 tecting the shores of publicly owned property’’, approved 

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

11 as follows: 

12 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM13 PACT MINIMIZATION PROGRAM. 

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

15 RESTORATION AND PROTECTION PROJECTS.— 

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

17 out construction of small shore and beach restora18 tion and protection projects not specifically author19 ized by Congress that otherwise comply with the 

20 first section of this Act if the Secretary determines 

21 that such construction is advisable. 

22 ‘‘(2) LOCAL COOPERATION.—The local coopera23 tion requirement under the first section of this Act 

24 shall apply to a project under this section. 
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1 ‘‘(3) COMPLETENESS.—A project under this 

2 section— 

3 ‘‘(A) shall be complete; and 

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

5 any additional improvement to ensure the suc6 cessful operation of the project, except for par7 ticipation in periodic beach nourishment in ac8 cordance with— 

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

10 ‘‘(ii) the procedure for projects au11 thorized after submission of a survey re12 port. 

13 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE14 VELOPMENT AND DEMONSTRATION PROGRAM.— 

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

16 through the Chief of Engineers, shall conduct a na17 tional shoreline erosion control development and 

18 demonstration program (referred to in this section 

19 as the ‘program’). 

20 ‘‘(2) REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—The program shall in22 clude provisions for— 

23 ‘‘(i) projects consisting of planning, 

24 design, construction, and adequate moni25 toring of prototype engineered and native 
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1 and naturalized vegetative shoreline ero2 sion control devices and methods; 

3 ‘‘(ii) detailed engineering and environ4 mental reports on the results of each 

5 project carried out under the program; and 

6 ‘‘(iii) technology transfers, as appro7 priate, to private property owners, State 

8 and local entities, nonprofit educational in9 stitutions, and nongovernmental organiza10 tions. 

11 ‘‘(B) DETERMINATION OF FEASIBILITY.— 

12 A project under this section shall not be carried 

13 out until the Secretary, acting through the 

14 Chief of Engineers, determines that the project 

15 is feasible. 

16 ‘‘(C) EMPHASIS.—A project carried out 

17 under the program shall emphasize, to the max18 imum extent practicable— 

19 ‘‘(i) the development and demonstra20 tion of innovative technologies; 

21 ‘‘(ii) efficient designs to prevent ero22 sion at a shoreline site, taking into account 

23 the lifecycle cost of the design, including 

24 cleanup, maintenance, and amortization; 
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1 ‘‘(iii) new and enhanced shore protec2 tion project design and project formulation 

3 tools the purposes of which are to improve 

4 the physical performance, and lower the 

5 lifecycle costs, of the projects; 

6 ‘‘(iv) natural designs, including the 

7 use of native and naturalized vegetation or 

8 temporary structures that minimize perma9 nent structural alterations to the shoreline; 

10 ‘‘(v) the avoidance of negative impacts 

11 to adjacent shorefront communities; 

12 ‘‘(vi) the potential for long-term pro13 tection afforded by the technology; and 

14 ‘‘(vii) recommendations developed 

15 from evaluations of the program estab16 lished under the Shoreline Erosion Control 

17 Demonstration Act of 1974 (42 U.S.C. 

18 1962–5 note; 88 Stat. 26), including— 

19 ‘‘(I) adequate consideration of 

20 the subgrade; 

21 ‘‘(II) proper filtration; 

22 ‘‘(III) durable components; 

23 ‘‘(IV) adequate connection be24 tween units; and 
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1 ‘‘(V) consideration of additional 

2 relevant information. 

3 ‘‘(D) SITES.— 

4 ‘‘(i) IN GENERAL.—Each project 

5 under the program shall be carried out 

6 at— 

7 ‘‘(I) a privately owned site with 

8 substantial public access; or 

9 ‘‘(II) a publicly owned site on 

10 open coast or in tidal waters. 

11 ‘‘(ii) SELECTION.—The Secretary, 

12 acting through the Chief of Engineers, 

13 shall develop criteria for the selection of 

14 sites for projects under the program, in15 cluding criteria based on— 

16 ‘‘(I) a variety of geographic and 

17 climatic conditions; 

18 ‘‘(II) the size of the population 

19 that is dependent on the beaches for 

20 recreation or the protection of private 

21 property or public infrastructure; 

22 ‘‘(III) the rate of erosion; 

23 ‘‘(IV) significant natural re24 sources or habitats and environ25 mentally sensitive areas; and 
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1 ‘‘(V) significant threatened his2 toric structures or landmarks. 

3 ‘‘(3) CONSULTATION.—The Secretary, acting 

4 through the Chief of Engineers, shall carry out the 

5 program in consultation with— 

6 ‘‘(A) the Secretary of Agriculture, particu7 larly with respect to native and naturalized veg8 etative means of preventing and controlling 

9 shoreline erosion; 

10 ‘‘(B) Federal, State, and local agencies; 

11 ‘‘(C) private organizations; 

12 ‘‘(D) the Coastal Engineering Research 

13 Center established by the first section of Public 

14 Law 88–172 (33 U.S.C. 426–1); and 

15 ‘‘(E) applicable university research facili16 ties. 

17 ‘‘(4) COMPLETION OF DEMONSTRATION.—After 

18 carrying out the initial construction and evaluation 

19 of the performance and lifecycle cost of a demonstra20 tion project under this section, the Secretary, acting 

21 through the Chief of Engineers, may— 

22 ‘‘(A) at the request of a non-Federal inter23 est of the project, amend the agreement for a 

24 federally-authorized shore protection project in 

25 existence on the date on which initial construc-
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1 tion of the demonstration project is complete to 

2 incorporate the demonstration project as a fea3 ture of the shore protection project, with the fu4 ture cost of the demonstration project to be de5 termined by the cost-sharing ratio of the shore 

6 protection project; or 

7 ‘‘(B) transfer all interest in and responsi8 bility for the completed demonstration project 

9 to the non-Federal or other Federal agency in10 terest of the project. 

11 ‘‘(5) AGREEMENTS.—The Secretary, acting 

12 through the Chief of Engineers, may enter into an 

13 agreement with the non-Federal or other Federal 

14 agency interest of a project under this section— 

15 ‘‘(A) to share the costs of construction, op16 eration, maintenance, and monitoring of a 

17 project under the program; 

18 ‘‘(B) to share the costs of removing a 

19 project or project element constructed under 

20 the program, if the Secretary determines that 

21 the project or project element is detrimental to 

22 private property, public infrastructure, or public 

23 safety; or 
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1 ‘‘(C) to specify ownership of a completed 

2 project that the Chief of Engineers determines 

3 will not be part of a Corps of Engineers project. 

4 ‘‘(6) REPORT.—Not later than December 31 of 

5 each year beginning after the date of enactment of 

6 this paragraph, the Secretary shall prepare and sub7 mit to the Committee on Environment and Public 

8 works of the Senate and the Committee on Trans9 portation and Infrastructure of the House of Rep10 resentatives a report describing— 

11 ‘‘(A) the activities carried out and accom12 plishments made under the program during the 

13 preceding year; and 

14 ‘‘(B) any recommendations of the Sec15 retary relating to the program. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary may expend, from any appropriations 

19 made available to the Secretary for the purpose of 

20 carrying out civil works, not more than $30,000,000 

21 during any fiscal year to pay the Federal share of 

22 the costs of construction of small shore and beach 

23 restoration and protection projects or small projects 

24 under the program. 
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1 ‘‘(2) LIMITATION.—The total amount expended 

2 for a project under this section shall— 

3 ‘‘(A) be sufficient to pay the cost of Fed4 eral participation in the project (including peri5 odic nourishment as provided for under the first 

6 section of this Act), as determined by the Sec7 retary; and 

8 ‘‘(B) be not more than $3,000,000.’’. 

9 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au10 thorizing Federal participation in the cost of protecting 

11 the shores of publicly owned property’’, approved August 

12 13, 1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is re13 pealed. 

14 SEC. 2014. SHORE PROTECTION PROJECTS. 

15 (a) IN GENERAL.—In accordance with the Act of 

16 July 3, 1930 (33 U.S.C. 426) and notwithstanding admin17 istrative actions, it is the policy of the United States to 

18 promote shore protection projects and related research 

19 that encourage the protection, restoration, and enhance20 ment of sandy beaches, including beach restoration and 

21 periodic beach renourishment for a period of 50 years, on 

22 a comprehensive and coordinated basis by the Federal 

23 Government, States, localities, and private enterprises. 

24 (b) PREFERENCE.—In carrying out the policy, pref25 erence shall be given to— 
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1 (1) areas in which there has been a Federal in2 vestment of funds; and 

3 (2) areas with respect to which the need for 

4 prevention or mitigation of damage to shores and 

5 beaches is attributable to Federal navigation 

6 projects or other Federal activities. 

7 (c) APPLICABILITY.—The Secretary shall apply the 

8 policy to each shore protection and beach renourishment 

9 project (including shore protection and beach renourish10 ment projects in existence on the date of enactment of this 

11 Act). 

12 SEC. 2015. COST SHARING FOR MONITORING. 

13 (a) IN GENERAL.—Costs incurred for monitoring for 

14 an ecosystem restoration project shall be cost-shared— 

15 (1) in accordance with the formula relating to 

16 the applicable original construction project; and 

17 (2) for a maximum period of 10 years. 

18 (b) AGGREGATE LIMITATION.—Monitoring costs for 

19 an ecosystem restoration project— 

20 (1) shall not exceed in the aggregate, for a 10- 

21 year period, an amount equal to 5 percent of the 

22 cost of the applicable original construction project; 

23 and 

24 (2) after the 10-year period, shall be 100 per25 cent non-Federal. 
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1 SEC. 2016. ECOSYSTEM RESTORATION BENEFITS. 

2 For each of the following projects, the Corps of Engi3 neers shall include ecosystem restoration benefits in the 

4 calculation of benefits for the project: 

5 (1) Grayson’s Creek, California. 

6 (2) Seven Oaks, California. 

7 (3) Oxford, California. 

8 (4) Walnut Creek, California. 

9 (5) Wildcat Phase II, California. 

10 SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND 

11 PROCESSING OF PERMITS. 

12 Section 214(a) of the Water Resources Development 

13 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is 

14 amended by striking ‘‘In fiscal years 2001 through 2003, 

15 the’’ and inserting ‘‘The’’. 

16 SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA17 TIONS. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this Act, the Secretary shall imple20 ment a program to allow electronic submission of permit 

21 applications for permits under the jurisdiction of the 

22 Corps of Engineers. 

23 (b) LIMITATIONS.—This section does not preclude 

24 the submission of a hard copy, as required. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $3,000,000. 

4 SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT 

5 CORPS OF ENGINEERS RESERVOIRS. 

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

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

8 operation as of the date of enactment of this Act, the Sec9 retary shall carry out the measures described in subsection 

10 (c) to support the water resource needs of project sponsors 

11 and any affected State, local, or tribal government for au12 thorized project purposes. 

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

14 the measures described in subsection (c) in cooperation 

15 and coordination with project sponsors and any affected 

16 State, local, or tribal government. 

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

18 Secretary may— 

19 (1) conduct a study to identify unused, 

20 underused, or additional water storage capacity at 

21 reservoirs; 

22 (2) review an operational plan and identify any 

23 change to maximize an authorized project purpose to 

24 improve water storage capacity and enhance effi25 ciency of releases and withdrawal of water; 
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1 (3) improve and update data, data collection, 

2 and forecasting models to maximize an authorized 

3 project purpose and improve water storage capacity 

4 and delivery to water users; and 

5 (4) conduct a sediment study and implement 

6 any sediment management or removal measure. 

7 (d) REVENUES.— 

8 (1) IN GENERAL.—Revenues collected in con9 nection with water storage for municipal or indus10 trial water supply at a reservoir operated by the 

11 Corps of Engineers for navigation, flood control, or 

12 multiple purpose projects shall be credited to the re13 volving fund established under section 101 of the 

14 Civil Functions Appropriations Act, 1954 (33 U.S.C. 

15 701b–10). 

16 (2) AVAILABILITY.— 

17 (A) DISTRICT FROM WHICH REVENUE IS

18 RECEIVED.— 

19 (i) IN GENERAL.—Subject to clause 

20 (ii), 80 percent of the revenue received 

21 from each District of the Corps of Engi22 neers shall be available for defraying the 

23 costs of planning, operation, maintenance, 

24 replacements, and upgrades of, and emer25 gency expenditures for, any facility of the 
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1 Corps of Engineers projects within that 

2 District. 

3 (ii) SOURCE OF PAYMENTS.—With re4 spect to each activity described in clause 

5 (i), costs of planning, operation, mainte6 nance, replacements, and upgrades of a fa7 cility of the Corps of Engineers for the 

8 project shall be paid from available reve9 nues received from the that project. 

10 (B) AGENCY-WIDE.—20 percent of the rev11 enue received from each District of the Corps of 

12 Engineers shall be available agency-wide for de13 fraying the costs of planning, operation, main14 tenance, replacements, and upgrades of, and 

15 emergency expenditures for, all Corps of Engi16 neers projects. 

17 (3) SPECIAL CASES.— 

18 (A) COSTS OF WATER SUPPLY STORAGE.— 

19 In the case of a reservoir operated or main20 tained by the Corps of Engineers on the date 

21 of enactment of this Act, the storage charge for 

22 a future contract or contract renewal for the 

23 first cost of water supply storage at the res24 ervoir shall be the lesser of the estimated cost 
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1 of purposes foregone, replacement costs, or the 

2 updated cost of storage. 

3 (B) REALLOCATION.—In the case of a 

4 water supply that is reallocated from another 

5 project purpose to municipal or industrial water 

6 supply, the joint use costs for the reservoir shall 

7 be adjusted to reflect the reallocation of project 

8 purposes. 

9 (C) CREDIT FOR AFFECTED PROJECT PUR10 POSES.—In the case of a reallocation that ad11 versely affects hydropower generation, the Sec12 retary shall defer to the Administrator of the 

13 respective Power Marketing Administration to 

14 calculate the impact of such a reallocation on 

15 the rates for hydroelectric power. 

16 SEC. 2020. CORPS OF ENGINEERS HYDROPOWER OPER17 ATION AND MAINTENANCE FUNDING. 

18 (a) IN GENERAL.—Notwithstanding the last sentence 

19 of section 5 of the Act of December 22, 1944 (commonly 

20 known as the ‘‘Flood Control Act of 1944’’) (58 Stat. 890, 

21 chapter 665; 16 U.S.C. 825s), the 11th paragraph under 

22 the heading ‘‘OFFICE OF THE SECRETARY’’ in title I of 

23 the Act of October 12, 1949 (63 Stat. 767, chapter 680; 

24 16 U.S.C. 825s–1), the matter under the heading ‘‘CON25 TINUING FUND, SOUTHEASTERN POWER ADMINISTRA-
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1 TION’’ in title I of the Act of August 31, 1951 (65 Stat. 

2 249, chapter 375; 16 U.S.C. 825s–2), section 3302 of title 

3 31, United States Code, or any other law, and without 

4 further appropriation or fiscal year limitation, for fiscal 

5 year 2005 as set forth in subsection (c) and each fiscal 

6 year thereafter, the Administrator of the Southeastern 

7 Power Administration, the Administrator of the South8 western Power Administration, and the Administrator of 

9 the Western Area Power Administration may credit to the 

10 Secretary of the Army (referred to in this section as the 

11 ‘‘Secretary’’), receipts from the sale of power and related 

12 services, in an amount determined under subsection (c). 

13 (b) USE OF FUNDS.— 

14 (1) IN GENERAL.—The Secretary— 

15 (A) shall, except as provided in paragraph 

16 (2), use an amount credited under subsection 

17 (a) to fund only the Corps of Engineers annual 

18 operation and maintenance activities that are 

19 allocated exclusively to the power function and 

20 assigned to the respective power marketing ad21 ministration and respective project system as 

22 applicable for repayment; and 

23 (B) shall not use an amount credited 

24 under subsection (a) for any cost allocated to a 
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1 non-power function of Corps of Engineer oper2 ations. 

3 (2) EXCEPTION.—The Secretary may use an 

4 amount credited by the Southwestern Power Admin5 istration under subsection (a) for capital and non6 recurring costs and may use an amount credited by 

7 Southeastern Power Administration for capital and 

8 nonrecurring costs, if no credit exceeds the rates on 

9 file at the Federal Energy Regulatory Commission 

10 for the Southeastern Power Administration. 

11 (c) AMOUNT.—The amount credited under subsection 

12 (a) shall be equal to an amount that— 

13 (1) the Secretary requests; and 

14 (2) the appropriate Administrator, in consulta15 tion with the Secretary and the power customers of 

16 the power marketing administration of the Adminis17 trator, determines to be appropriate to apply to the 

18 costs referred to in subsection (b). 

19 (d) CONSULTATION.— 

20 (1) TIME FRAME.—Not later than the date that 

21 is 20 days after the date of enactment of this Act, 

22 the appropriate Administrator shall submit to the 

23 Appropriations Committee a report describing the 

24 time frame during which the consultation process 

25 described in subsection (c) shall be completed. 
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1 (2) FAILURE TO AGREE.—If the Secretary and 

2 the appropriate Administrator and customer rep3 resentatives cannot agree on the amount to be cred4 ited under subsection (c), the appropriate Adminis5 trator shall determine the amount to be credited. 

6 (e) APPLICABLE LAW.—An amount credited under 

7 subsection (a) is exempt from sequestration under the Bal8 anced Budget and Emergency Deficit Control Act of 1985 

9 (2 U.S.C. 901 et seq.). 

10 SEC. 2021. FEDERAL HOPPER DREDGES. 

11 (a) ELIMINATION OF RESTRICTION ON USE.—Section 

12 3(c)(7)(B) of the Act of August 11, 1888 (33 U.S.C. 622; 

13 25 Stat. 423) is amended by adding at the end the fol14 lowing: ‘‘This subparagraph shall not apply to the Federal 

15 hopper dredges Essayons and Yaquina of the Corps of Engi16 neers.’’. 

17 (b) DECOMMISSION.—Section 563 of the Water Re18 sources Development Act of 1996 (110 Stat. 3784) is amend19 ed to read as follows: 

20 ‘‘SEC. 563. HOPPER DREDGE MCFARLAND. 

21 ‘‘Not later than 1 year after the date of enactment of 

22 the Water Resources Development Act of 2005, the Secretary 

23 shall promulgate such regulations and take such actions as 

24 the Secretary determines to be necessary to decommission 

25 the Federal hopper dredge Mcfarland.’’. 
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1 SEC. 2022. OBSTRUCTION TO NAVIGATION. 

2 Section 10 of the Act of March 3, 1899 (33 U.S.C. 403), 

3 is amended by adding at the end the following: ‘‘Nothing 

4 in this section shall be construed as to provide for the regu5 lation of activities or structures on private property, unless 

6 the Secretary, in consultation with the Secretary of the de7 partment in which the Coast Guard is operating, deter8 mines that such activity would pose a threat to the safe 

9 transit of maritime traffic.’’. 

10 Subtitle B—Continuing Authorities 

11 Projects 

12 SEC. 2031. NAVIGATION ENHANCEMENTS FOR 

13 WATERBOURNE TRANSPORTATION. 

14 Section 107 of the River and Harbor Act of 1960 

15 (33 U.S.C. 577) is amended— 

16 (1) by striking ‘‘SEC. 107. (a) That the Sec17 retary of the Army is hereby authorized to’’ and in18 serting the following: 

19 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR 

20 WATERBOURNE TRANSPORTATION. 

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

22 may’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘(b) Not more’’ and insert25 ing the following: 

26 ‘‘(b) ALLOTMENT.—Not more’’; and 
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1 (B) by striking ‘‘$4,000,000’’ and insert2 ing ‘‘$7,000,000’’; 

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

4 and inserting the following: 

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

6 (4) in subsection (d), by striking ‘‘(d) Non-Fed7 eral’’ and inserting the following: 

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

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

10 and inserting the following: 

11 ‘‘(e) COMPLETION.—Each’’; and 

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

13 inserting the following: 

14 ‘‘(f) APPLICABILITY.—This’’. 

15 SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER16 GENCIES AT SHORES AND STREAMBANKS. 

17 Section 14 of the Flood Control Act of 1946 (33 

18 U.S.C. 701r) is amended— 

19 (1) by striking ‘‘$15,000,000’’ and inserting 

20 ‘‘$20,000,000’’; and 

21 (2) by striking ‘‘$1,000,000’’ and inserting 

22 ‘‘$1,500,000’’. 
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1 SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO2 TECTION OF AQUATIC AND RIPARIAN ECO3 SYSTEMS PROGRAM. 

4 Section 206 of the Water Resources Development Act 

5 of 1996 (33 U.S.C. 2330) is amended— 

6 (1) by striking the section heading and insert7 ing the following: 

8 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO9 TECTION OF AQUATIC AND RIPARIAN ECO10 SYSTEMS PROGRAM.’’; 

11 (2) in subsection (a), by striking ‘‘an aquatic’’ 

12 and inserting ‘‘a freshwater aquatic’’; and 

13 (3) in subsection (e), by striking ‘‘$25,000,000’’ 

14 and inserting ‘‘$75,000,000’’. 

15 SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS 

16 FOR IMPROVEMENT AND RESTORATION OF 

17 ECOSYSTEMS PROGRAM. 

18 Section 1135 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2309a) is amended— 

20 (1) by striking the section heading and insert21 ing the following: 

22 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS 

23 FOR IMPROVEMENT AND RESTORATION OF 

24 ECOSYSTEMS PROGRAM.’’; 

25 and 
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1 (2) in subsection (h), by striking ‘‘25,000,000’’ 

2 and inserting ‘‘$50,000,000’’. 

3 SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COAST4 AL HABITATS. 

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

6 estuary habitat restoration project if the Secretary deter7 mines that the project— 

8 (1) will improve the elements and features of an 

9 estuary (as defined in section 103 of the Estuaries 

10 and Clean Waters Act of 2000 (33 U.S.C. 2902)); 

11 (2) is in the public interest; and 

12 (3) is cost-effective. 

13 (b) COST SHARING.—The non-Federal share of the 

14 cost of construction of any project under this section— 

15 (1) shall be 35 percent; and 

16 (2) shall include the costs of all land, ease17 ments, rights-of-way, and necessary relocations. 

18 (c) AGREEMENTS.—Construction of a project under 

19 this section shall commence only after a non-Federal inter20 est has entered into a binding agreement with the Sec21 retary to pay— 

22 (1) the non-Federal share of the costs of con23 struction required under subsection (b); and 

24 (2) in accordance with regulations promulgated 

25 by the Secretary, 100 percent of the costs of any op-
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1 eration, maintenance, replacement, or rehabilitation 

2 of the project. 

3 (d) LIMITATION.—Not more than $5,000,000 in Fed4 eral funds may be allocated under this section for a project 

5 at any 1 location. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $25,000,000 for each fiscal year beginning after the date 

9 of enactment of this Act. 

10 SEC. 2036. REMEDIATION OF ABANDONED MINE SITES. 

11 Section 560 of the Water Resources Development Act 

12 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amend13 ed— 

14 (1) by striking subsection (f); 

15 (2) by redesignating subsections (a) through (e) 

16 as subsections (b) through (f), respectively; 

17 (3) by inserting before subsection (b) (as redes18 ignated by paragraph (2)) the following: 

19 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In 

20 this section, the term ‘non-Federal interest’ includes, with 

21 the consent of the affected local government, nonprofit en22 tities, notwithstanding section 221 of the Flood Control 

23 Act of 1970 (42 U.S.C. 1962d–5b).’’; 

24 (4) in subsection (b) (as redesignated by para25 graph (2)), by— 
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1 (A) by inserting ‘‘, and construction’’ be2 fore ‘‘assistance’’; and 

3 (B) by inserting ‘‘, including, with the con4 sent of the affected local government, nonprofit 

5 entities,’’ after ‘‘non-Federal interests’’; 

6 (5) in paragraph (3) of subsection (c) (as redes7 ignated by paragraph (2))— 

8 (A) by inserting ‘‘physical hazards and’’ 

9 after ‘‘adverse’’; and 

10 (B) by striking ‘‘drainage from’’; 

11 (6) in subsection (d) (as redesignated by para12 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; 

13 and 

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

15 ‘‘(g) OPERATION AND MAINTENANCE.—The non16 Federal share of the costs of operation and maintenance 

17 for a project carried out under this section shall be 100 

18 percent. 

19 ‘‘(h) NO EFFECT ON LIABILITY.—The provision of 

20 assistance under this section shall not relieve from liability 

21 any person that would otherwise be liable under Federal 

22 or State law for damages, response costs, natural resource 

23 damages, restitution, equitable relief, or any other relief. 

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

25 authorized to be appropriated to carry out this section for 
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1 each fiscal year $45,000,000, to remain available until ex2 pended.’’. 

3 SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION OR 

4 REMOVAL OF DAMS. 

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

6 small dam removal or rehabilitation project if the Sec7 retary determines that the project will improve the quality 

8 of the environment or is in the public interest. 

9 (b) COST SHARING.—A non-Federal interest shall 

10 provide 35 percent of the cost of the removal or remedi11 ation of any project carried out under this section, includ12 ing provision of all land, easements, rights-of-way, and 

13 necessary relocations. 

14 (c) AGREEMENTS.—Construction of a project under 

15 this section shall be commenced only after a non-Federal 

16 interest has entered into a binding agreement with the 

17 Secretary to pay— 

18 (1) the non-Federal share of the costs of con19 struction required by this section; and 

20 (2) 100 percent of any operation and mainte21 nance cost. 

22 (d) COST LIMITATION.—Not more than $5,000,000 

23 in Federal funds may be allotted under this section for 

24 a project at any single location. 
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1 (e) FUNDING.—There is authorized to be appro2 priated to carry out this section $25,000,000 for each fis3 cal year. 

4 SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES. 

5 (a) IN GENERAL.—The Secretary shall develop eligi6 bility criteria for Federal participation in navigation 

7 projects located in economically disadvantaged commu8 nities that are— 

9 (1) dependent on water transportation for sub10 sistence; and 

11 (2) located in— 

12 (A) remote areas of the United States; 

13 (B) American Samoa; 

14 (C) Guam; 

15 (D) the Commonwealth of the Northern 

16 Mariana Islands; 

17 (E) the Commonwealth of Puerto Rico; or 

18 (F) the United States Virgin Islands. 

19 (b) ADMINISTRATION.—The criteria developed under 

20 this section— 

21 (1) shall— 

22 (A) provide for economic expansion; and 

23 (B) identify opportunities for promoting 

24 economic growth; and 
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1 (2) shall not require project justification solely 

2 on the basis of National Economic Development ben3 efits received. 

4 SEC. 2039. AGREEMENTS FOR WATER RESOURCE 

5 PROJECTS. 

6 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

8 amended by section 2001) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘After the date of enact11 ment’’ and inserting the following: 

12 ‘‘(1) IN GENERAL.—After the date of enact13 ment’’; 

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

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

16 inserting ‘‘under any’’; 

17 (C) by inserting ‘‘partnership’’ after ‘‘writ18 ten’’; 

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

20 furnish its required cooperation for’’ and insert21 ing ‘‘district engineer for the district in which 

22 the project will be carried out under which each 

23 party agrees to carry out its responsibilities and 

24 requirements for implementation or construc25 tion of’’; 
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1 (E) by inserting after ‘‘$25,000.’’ the fol2 lowing: 

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

4 described in paragraph (1) may include a provision 

5 for liquidated damages in the event of a failure of 

6 1 or more parties to perform.’’; and 

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

8 and inserting the following: 

9 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA10 TIONS.—In any agreement described in paragraph 

11 (1)’’; 

12 (2) (1) by redesignating subsection (e) as sub13 section (g); and 

14 (3) (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Sec17 retary determines that a project needs to be continued for 

18 the purpose of public health and safety— 

19 ‘‘(1) the non-Federal interest shall pay the in20 creased projects costs, up to an amount equal to 20 

21 percent of the original estimated project costs and in 

22 accordance with the statutorily-determined cost 

23 share; and 

24 ‘‘(2) notwithstanding the statutorily-determined 

25 Federal share, the Secretary shall pay all increased 
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1 costs remaining after payment of 20 percent of the 

2 increased costs by the non-Federal interest under 

3 paragraph (1). 

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

5 the authority of the Secretary to ensure that a partnership 

6 agreement meets the requirements of law and policies of 

7 the Secretary in effect on the date of execution of the part8 nership agreement.’’. 

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

10 Water Resources Development Act of 1986 (100 Stat. 

11 4190) is amended— 

12 (1) in paragraph (2)— 

13 (A) in the first sentence, by striking 

14 ‘‘shall’’ and inserting ‘‘may’’; and 

15 (B) by striking the second sentence; and 

16 (2) in paragraph (4)— 

17 (A) in the first sentence— 

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

19 inserting the following: ‘‘injunction and 

20 payment of liquidated damages, for’’; and 

21 (ii) by striking ‘‘to collect a civil pen22 alty imposed under this section,’’; and 

23 (B) in the second sentence, by striking 

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

25 and inserting ‘‘any liquidated damages,’’. 
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1 (c) APPLICABILITY.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by subsections (a) 

4 and (b) apply only to partnership agreements en5 tered into after the date of enactment of this Act. 

6 (2) EXCEPTION.—Notwithstanding paragraph 

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

8 project is located may amend the partnership agree9 ment for the project entered into on or before the 

10 date of enactment of this Act— 

11 (A) at the request of a non-Federal inter12 est for a project; and 

13 (B) if construction on the project has not 

14 been initiated as of the date of enactment of 

15 this Act. 

16 (d) REFERENCES.— 

17 (1) COOPERATION AGREEMENTS.—Any ref18 erence in a law, regulation, document, or other 

19 paper of the United States to a cooperation agree20 ment or project cooperation agreement shall be con21 sidered to be a reference to a partnership agreement 

22 or a project partnership agreement, respectively. 

23 (2) PARTNERSHIP AGREEMENTS.—Any ref24 erence to a partnership agreement or project part25 nership agreement in this Act (other than in this 
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1 section) shall be considered to be a reference to a co2 operation agreement or a project cooperation agree3 ment, respectively. 

4 SEC. 2040. PROGRAM NAMES. 

5 (a) STORM AND HURRICANE RESTORATION AND IM6 PACT MINIMIZATION PROGRAM.—Section 3 of the Act of 

7 August 13, 1946 (33 U.S.C. 426g) is amended by striking 

8 ‘‘SEC. 3. The Secretary’’ and inserting the following: 

9 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM10 PACT MINIMIZATION PROGRAM. 

11 ‘‘The Secretary’’. 

12 (b) PROJECTS TO ENHANCE REDUCTION OF FLOOD13 ING AND OBTAIN RISK MINIMIZATION.—Section 205 of 

14 the Flood Control Act of 1948 (33 U.S.C. 701s) is amend15 ed by striking ‘‘SEC. 205. That the’’ and inserting the 

16 following: 

17 ‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD18 ING AND OBTAIN RISK MINIMIZATION. 

19 ‘‘The’’. 

20 TITLE III—PROJECT-RELATED 

21 PROVISIONS 

22 SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

23 ALASKA. 

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

25 necessary removal of rubble, sediment, and rock impeding 
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1 the entrance to the St. Herman and St. Paul Harbors, 

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

3 SEC. 3002. SITKA, ALASKA. 

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

5 project for navigation, Southeast Alaska Harbors of Ref6 uge, Alaska, authorized by section 101 of the Water Re7 sources Development Act of 1992 (106 Stat. 4801), is 

8 modified to direct the Secretary to take such action as 

9 is necessary to correct design deficiencies in the element, 

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

11 SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. 

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

13 new project management office located in the city of Tus14 caloosa, Alabama, at a location within the vicinity of the 

15 city, at full Federal expense. 

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

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

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

19 and structures associated with the existing project man20 agement office, if the city agrees to assume full responsi21 bility for demolition of the existing project management 

22 office. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

25 $32,000,000. 
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1 SEC. 3004. AUGUSTA AND CLARENDON, ARKANSAS. 

2 The Secretary may carry out rehabilitation of author3 ized and completed levees on the White River between Au4 gusta and Clarendon, Arkansas, at a total estimated cost 

5 of $8,000,000, with an estimated Federal cost of 

6 $5,200,000 and an estimated non-Federal cost of 

7 $2,800,000. 

8 SEC. 3005. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI. 

9 (a) IN GENERAL.—The project for flood control, St. 

10 Francis River Basin, Arkansas, and Missouri, authorized 

11 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), 

12 as modified, is further modified to authorize the Secretary 

13 to undertake channel stabilization and sediment removal 

14 measures on the St. Francis River and tributaries as an 

15 integral part of the original project. 

16 (b) NO SEPARABLE ELEMENT.—The measures un17 dertaken under subsection (a) shall not be considered to 

18 be a separable element of the project. 

19 SEC. 3006. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS 

20 AND MISSOURI. 

21 (a) IN GENERAL.—The Secretary shall convey to the 

22 State of Arkansas, without monetary consideration and 

23 subject to subsection (b), all right, title, and interest to 

24 land within the State acquired by the Federal Government 

25 as mitigation land for the project for flood control, St. 

26 Francis Basin, Arkansas and Missouri Project, authorized 
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1 by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) 

2 (commonly known as the ‘‘Flood Control Act of 1928’’). 

3 (b) TERMS AND CONDITIONS.— 

4 (1) IN GENERAL.—The conveyance by the 

5 United States under this section shall be subject 

6 to— 

7 (A) the condition that the State of Arkan8 sas (including the successors and assigns of the 

9 State) agree to operate, maintain, and manage 

10 the land at no cost or expense to the United 

11 States and for fish and wildlife, recreation, and 

12 environmental purposes; and 

13 (B) such other terms and conditions as the 

14 Secretary determines to be in the interest of the 

15 United States. 

16 (2) REVERSION.—If the State (or a successor 

17 or assign of the State) ceases to operate, maintain, 

18 and manage the land in accordance with this sub19 section, all right, title, and interest in and to the 

20 property shall revert to the United States, at the op21 tion of the Secretary. 

22 SEC. 3007. RED-OUACHITA RIVER BASIN LEVEES, ARKAN23 SAS AND LOUISIANA. 

24 (a) IN GENERAL.—Section 204 of the Flood Control 

25 Act of 1950 (64 Stat. 170) is amended in the matter 
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1 under the heading ‘‘RED-OUACHITA RIVER BASIN’’ by 

2 striking ‘‘at Calion, Arkansas’’ and inserting ‘‘improve3 ments at Calion, Arkansas (including authorization for the 

4 comprehensive flood-control project for Ouachita River 

5 and tributaries, incorporating in the project all flood con6 trol, drainage, and power improvements in the basin above 

7 the lower end of the left bank Ouachita River levee)’’. 

8 (b) MODIFICATION.—Section 3 of the Act of August 

9 18, 1941, is amended in the second sentence of subsection 

10 (a) in the matter under the heading ‘‘LOWER MISSISSIPPI

11 RIVER’’ (55 Stat. 642, chapter 377) by inserting before 

12 the period at the end the following: ‘‘Provided, That the 

13 Ouachita River Levees, Louisiana, authorized under the 

14 first section of the Act of May 15, 1928 (45 Stat. 534, 

15 chapter 569) shall remain as a component of the Mis16 sissippi River and Tributaries Project and afforded oper17 ation and maintenance responsibilities as directed in sec18 tion 3 of that Act (45 Stat. 535)’’. 

19 SEC. 3008. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA20 TION SYSTEM, ARKANSAS AND OKLAHOMA. 

21 (a) NAVIGATION CHANNEL.—The Secretary shall con22 tinue construction of the McClellan-Kerr Arkansas River 

23 Navigation System, Arkansas and Oklahoma, to operate 

24 and maintain the navigation channel to the authorized 

25 depth of the channel, in accordance with section 136 of the 
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1 Energy and Water Development Appropriations Act, 2004 

2 (Public Law 108–137; 117 Stat. 1842). 

3 (b) MITIGATION.— 

4 (1) IN GENERAL.—As mitigation for any inci5 dental taking relating to the McClellan-Kerr Naviga6 tion System, the Secretary shall determine the need 

7 for, and construct modifications in, the structures and 

8 operations of the Arkansas River in the area of Tulsa 

9 County, Oklahoma, including the construction of low 

10 water dams and islands to provide nesting and for11 aging habitat for the interior least tern, in accordance 

12 with the study entitled ‘‘Arkansas River Corridor 

13 Master Plan Planning Assistance to States’’. 

14 (2) COST SHARING.—The non-Federal share of 

15 the cost of a project under this subsection shall be 35 

16 percent. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $12,000,000. 

20 SEC. 3008 3009. CACHE CREEK BASIN, CALIFORNIA. 

21 (a) IN GENERAL.—The project for flood control, 

22 Cache Creek Basin, California, authorized by section 

23 401(a) of the Water Resources Development Act of 1986 

24 (100 Stat. 4112), is modified to direct the Secretary to 

25 mitigate the impacts of the new south levee of the Cache 
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1 Creek settling basin on the storm drainage system of the 

2 city of Woodland, including all appurtenant features, ero3 sion control measures, and environmental protection fea4 tures. 

5 (b) OBJECTIVES.—Mitigation under subsection (a) 

6 shall restore the pre-project capacity of the city (1,360 

7 cubic feet per second) to release water to the Yolo Bypass, 

8 including— 

9 (1) channel improvements; 

10 (2) an outlet work through the west levee of the 

11 Yolo Bypass; and 

12 (3) a new low flow cross channel to handle city 

13 and county storm drainage and settling basin flows 

14 (1,760 cubic feet per second) when the Yolo Bypass 

15 is in a low flow condition. 

16 SEC. 3009 3010. HAMILTON AIRFIELD, CALIFORNIA. 

17 The project for environmental restoration, Hamilton 

18 Airfield, California, authorized by section 101(b)(3) of the 

19 Water Resources Development Act of 1999 (113 Stat. 

20 279), is modified to include the diked bayland parcel 

21 known as ‘‘Bel Marin Keys Unit V ’’ at an estimated total 

22 cost of $205,226,000, with an estimated Federal cost of 

23 $153,840,000 and an estimated non-Federal cost of 

24 $51,386,000, as part of the project to be carried out by 

25 the Secretary substantially in accordance with the plans, 
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1 and subject to the conditions, recommended in the final 

2 report of the Chief of Engineers dated July 19, 2004. 

3 SEC. 3010 3011. LA–3 DREDGED MATERIAL OCEAN DISPOSAL 

4 SITE DESIGNATION, CALIFORNIA. 

5 Section 102(c)(4) of the Marine Protection, Re6 search, and Sanctuaries Act of 1972 (33 U.S.C. 

7 1412(c)(4)) is amended in the third sentence by striking 

8 ‘‘January 1, 2003’’ and inserting ‘‘January 1, 2007’’. 

9 SEC. 3011 3012. LARKSPUR FERRY CHANNEL, CALIFORNIA. 

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

11 Ferry Channel, Larkspur, California, authorized by sec12 tion 601(d) of the Water Resources Development Act of 

13 1986 (100 Stat. 4148), is modified to direct the Secretary 

14 to prepare a limited reevaluation report to determine 

15 whether maintenance of the project is feasible. 

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

17 determines that maintenance of the project is feasible, the 

18 Secretary shall carry out the maintenance. 

19 SEC. 3012 3013. LLAGAS CREEK, CALIFORNIA. 

20 The project for flood damage reduction, Llagas 

21 Creek, California, authorized by section 501(a) of the 

22 Water Resources Development Act of 1999 (113 Stat. 

23 333), is modified to authorize the Secretary to complete 

24 the project, in accordance with the requirements of local 

25 cooperation as specified in section 5 of the Watershed Pro-
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1 tection and Flood Prevention Act (16 U.S.C. 1005), at 

2 a total remaining cost of $95,000,000, with an estimated 

3 remaining Federal cost of $55,000,000, and an estimated 

4 remaining non-Federal cost of $40,000,000. 

5 SEC. 3013 3014. LOS ANGELES HARBOR, CALIFORNIA. 

6 Section 101(b)(5) of the Water Resources Develop7 ment Act of 2000 (114 Stat. 2577) is amended by striking 

8 ‘‘$153,313,000, with an estimated Federal cost of 

9 $43,735,000 and an estimated non-Federal cost of 

10 $109,578,000’’ and inserting ‘‘$222,000,000, with an esti11 mated Federal cost of $72,000,000 and an estimated non12 Federal cost of $150,000,000’’. 

13 SEC. 3014 3015. MAGPIE CREEK, CALIFORNIA. 

14 (a) IN GENERAL.—Subject to subsection (b), the 

15 project for Magpie Creek, California, authorized under 

16 section 205 of the Flood Control Act of 1948 (33 U.S.C. 

17 701s), is modified to direct the Secretary to apply the cost18 sharing requirements applicable to nonstructural flood 

19 control under section 103(b) of the Water Resources De20 velopment Act of 1986 (100 Stat. 4085) for the portion 

21 of the project consisting of land acquisition to preserve 

22 and enhance existing floodwater storage. 

23 (b) CREDITING.—The crediting allowed under sub24 section (a) shall not exceed the non-Federal share of the 

25 cost of the project. 
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1 SEC. 3015 3016. PINE FLAT DAM FISH AND WILDLIFE HABI2 TAT, 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) (B) FORM.—The non-Federal interest 

25 may provide not more than 50 percent of the 
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1 non-Federal share required under this clause in 

2 the form of services, materials, supplies, or 

3 other 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 3017. 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 3018. SACRAMENTO AND AMERICAN RIVERS 

17 FLOOD 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 3019. CONDITIONAL DECLARATION OF NON14 NAVIGABILITY, PORT OF SAN FRANCISCO, 

15 CALIFORNIA. 

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.). 
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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 
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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 3020. 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, except that the Secretary 

16 shall be a party to each contract for construction 

17 under this subsection. 

18 (2) LOCAL PARTICIPATION.—In prioritizing 

19 pilot projects under this section, the Secretary 

20 shall— 

21 (A) consult with the Salton Sea Authority 

22 and the Salton Sea Science Office; and 

23 (B) consider the priorities of the Salton 

24 Sea Authority. 
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1 (3) COST SHARING.—Before carrying out a 

2 pilot project under this section, the Secretary shall 

3 enter into a written agreement with the Salton Sea 

4 Authority that requires the non-Federal interest 

5 to— 

6 (A) pay 35 percent of the total costs of the 

7 pilot project; 

8 (B) acquire any land, easements, rights-of9 way, relocations, and dredged material disposal 

10 areas necessary to carry out the pilot project; 

11 and 

12 (C) hold the United States harmless from 

13 any claim or damage that may arise from car14 rying out the pilot project, except any claim or 

15 damage that may arise from the negligence of 

16 the Federal Government or a contractor of the 

17 Federal Government. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out subsection (b) 

20 $26,000,000, of which not more than $5,000,000 may be 

21 used for any 1 pilot project under this section. 

22 SEC. 3020 3021. UPPER GUADALUPE RIVER, CALIFORNIA. 

23 The project for flood damage reduction and recre24 ation, Upper Guadalupe River, California, authorized by 

25 section 101(a)(9) of the Water Resources Development 
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1 Act of 1999 (113 Stat. 275), is modified to authorize the 

2 Secretary to construct the project generally in accordance 

3 with the Upper Guadalupe River Flood Damage Reduc4 tion, San Jose, California, Limited Reevaluation Report, 

5 dated March, 2004, at a total cost of $212,100,000, with 

6 an estimated Federal cost of $113,300,000 and an esti7 mated non-Federal cost of $98,800,000. 

8 SEC. 3021 3022. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

9 The project for flood damage reduction, Yuba River 

10 Basin, California, authorized by section 101(a)(10) of the 

11 Water Resources Development Act of 1999 (113 Stat. 

12 275), is modified to authorize the Secretary to construct 

13 the project at a total cost of $107,700,000, with an esti14 mated Federal share of $70,000,000 and a non-Federal 

15 share of $37,700,000. 

16 SEC. 3022 3023. CHARLES HERVEY TOWNSHEND BREAK17 WATER, NEW HAVEN HARBOR, CONNECTICUT. 

18 The western breakwater for the project for naviga19 tion, New Haven Harbor, Connecticut, authorized by the 

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

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

22 Hervey Townshend Breakwater’’. 
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1 SEC. 3023 3024. ANCHORAGE AREA, NEW LONDON HARBOR, 

2 CONNECTICUT. 

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

4 navigation, New London Harbor, Connecticut, authorized 

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

6 of a 23-foot waterfront channel described in subsection 

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

8 (b) DESCRIPTION OF CHANNEL.—The channel re9 ferred to in subsection (a) may be described as beginning 

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

11 N. 188, 802.75, E. 779, 462.81, thence running north12 easterly about 1,373.88 feet to a point N. 189, 554.87, 

13 E. 780, 612.53, thence running southeasterly about 

14 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, 

15 thence running southwesterly about 831.58 feet to a point 

16 N. 188, 864.63, E. 780, 288.08, thence running south17 easterly about 567.39 feet to a point N. 188, 301.88, E. 

18 780, 360.49, thence running northwesterly about 1,027.96 

19 feet to the point of origin. 

20 SEC. 3024 3025. NORWALK HARBOR, CONNECTICUT. 

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

22 of the project for navigation, Norwalk Harbor, Con23 necticut, authorized by the first section of the Act of 

24 March 2, 1919 (40 Stat. 1276) and described in sub25 section (b), are not authorized. 
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1 (b) DESCRIPTION OF PORTIONS.—The portions of 

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

3 (1) RECTANGULAR PORTION.—An approxi4 mately rectangular-shaped section along the north5 westerly terminus of the channel. The section is 35- 

6 feet wide and about 460-feet long and is further de7 scribed as commencing at a point N. 104,165.85, E. 

8 417,662.71, thence running south 24°06′55′′ E. 

9 395.00 feet to a point N. 103,805.32, E. 

10 417,824.10, thence running south 00°38′06′′ E. 

11 87.84 feet to a point N. 103,717.49, E. 417,825.07, 

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

13 a point N. 104,155.59, E. 417.628.96, thence run14 ning north 73°05′25′′ E. 35.28 feet to the point of 

15 origin. 

16 (2) PARALLELOGRAM-SHAPED PORTION.—An 

17 area having the approximate shape of a parallelo18 gram along the northeasterly portion of the channel, 

19 southeast of the area described in paragraph (1), ap20 proximately 20 feet wide and 260 feet long, and fur21 ther described as commencing at a point N. 

22 103,855.48, E. 417,849.99, thence running south 

23 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, 

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

25 127.75 feet to a point N. 103,627.16, E. 
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1 417,975.09, thence running north 33°07′30′′ W. 

2 190.00 feet to a point N. 103,786.28, E. 

3 417,871.26, thence running north 17°05′15′′ W. 

4 72.39 feet to the point of origin. 

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

6 the Norwalk Harbor, Connecticut navigation project de7 scribed in subsection (a) is modified to authorize the Sec8 retary to realign the channel to include, immediately north 

9 of the area described in subsection (b)(2), a triangular sec10 tion described as commencing at a point N. 103,968.35, 

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

12 feet to a point N. 103,855.48, E. 417,849.99, thence run13 ning N. 33°07′30′′ west 36.76 feet to a point N. 

14 103,886.27, E. 417,829.90, thence running N. 10°05′26′′ 

15 west 83.37 feet to the point of origin. 

16 SEC. 3025 3026. ST. GEORGE’S BRIDGE, DELAWARE. 

17 Section 102(g) of the Water Resources Development 

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

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

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

22 completed and the contractors are released of their respon23 sibility by the State. In addition, the Secretary may not 

24 carry out any action to close or remove the St. George’s 
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1 Bridge, Delaware, without specific congressional author2 ization.’’. 

3 SEC. 3026 3027. CHRISTINA RIVER, WILMINGTON, DELAWARE. 

4 (a) IN GENERAL.—The Secretary shall remove the 

5 shipwrecked vessel known as the ‘‘State of Pennsylvania’’, 

6 and any debris associated with that vessel, from the Chris7 tina River at Wilmington, Delaware, in accordance with 

8 section 202(b) of the Water Resources Development Act 

9 of 1976 (33 U.S.C. 426m(b)). 

10 (b) NO RECOVERY OF FUNDS.—Notwithstanding any 

11 other provision of law, in carrying out this section, the 

12 Secretary shall not be required to recover funds from the 

13 owner of the vessel described in subsection (a) or any 

14 other vessel. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $425,000, to remain available until expended. 

18 SEC. 3027 3028. ADDITIONAL PROGRAM AUTHORITY, COM19 PREHENSIVE EVERGLADES RESTORATION, 

20 FLORIDA. 

21 Section 601(c)(3) of the Water Resources Develop22 ment Act of 2000 (114 Stat. 2684) is amended by adding 

23 at the end the following: 

24 ‘‘(C) MAXIMUM COST OF PROGRAM AU25 THORITY.—Section 902 of the Water Resources 
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1 Development Act of 1986 (33 U.S.C. 2280) 

2 shall apply to the individual project funding 

3 limits in subparagraph (A) and the aggregate 

4 cost limits in subparagraph (B).’’. 

5 SEC. 3028 3029. CRITICAL RESTORATION PROJECTS, EVER6 GLADES AND SOUTH FLORIDA ECOSYSTEM 

7 RESTORATION, FLORIDA. 

8 Section 528(b)(3)(C) of the Water Resources Devel9 opment Act of 1996 (110 Stat. 3769) is amended— 

10 (1) in clause (i), by striking ‘‘$75,000,000’’ and 

11 all that follows and inserting ‘‘$95,000,000.’’; and 

12 (2) by striking clause (ii) and inserting the fol13 lowing: 

14 ‘‘(ii) FEDERAL SHARE.— 

15 ‘‘(I) IN GENERAL.—Except as 

16 provided in subclause (II), the Federal 

17 share of the cost of carrying out a 

18 project under subparagraph (A) shall 

19 not exceed $25,000,000. 

20 ‘‘(II) SEMINOLE WATER CON21 SERVATION PLAN.—The Federal share 

22 of the cost of carrying out the Semi23 nole Water Conservation Plan shall 

24 not exceed $30,000,000.’’. 
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1 SEC. 3029 3030. JACKSONVILLE HARBOR, FLORIDA. 

2 The project for navigation, Jacksonville Harbor, 

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

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

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

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

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

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

10 $5,022,000. 

11 SEC. 3030 3031. LAKE OKEECHOBEE AND HILLSBORO AQUI12 FER PILOT PROJECTS, COMPREHENSIVE EV13 ERGLADES RESTORATION, FLORIDA. 

14 Section 601(b)(2)(B) of the Water Resources Devel15 opment Act of 2000 (114 Stat. 2681) is amended by add16 ing at the end the following: 

17 ‘‘(v) HILLSBORO AND OKEECHOBEE

18 AQUIFER, FLORIDA.—The pilot projects for 

19 aquifer storage and recovery, Hillsboro and 

20 Okeechobee Aquifer, Florida, authorized by 

21 section 101(a)(16) of the Water Resources 

22 Development Act of 1999 (113 Stat. 276), 

23 shall be treated for the purposes of this 

24 section as being in the Plan and carried 

25 out in accordance with this section, except 

26 that costs of operation and maintenance of 
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1 those projects shall remain 100 percent 

2 non-Federal.’’. 

3 SEC. 3031 3032. LIDO KEY, SARASOTA COUNTY, FLORIDA. 

4 The Secretary shall carry out the project for hurri5 cane and storm damage reduction in Lido Key, Sarasota 

6 County, Florida, based on the report of the Chief of Engi7 neers dated December 22, 2004, at a total cost of 

8 $14,809,000, with an estimated Federal cost of 

9 $9,088,000 and an estimated non-Federal cost of 

10 $5,721,000, and at an estimated total cost $63,606,000 

11 for periodic beach nourishment over the 50-year life of the 

12 project, with an estimated Federal cost of $31,803,000 

13 and an estimated non-Federal cost of $31,803,000. 

14 SEC. 3032 3033. TAMPA HARBOR, CUT B, TAMPA, FLORIDA. 

15 The project for navigation, Tampa Harbor, Florida, 

16 authorized by section 101 of the River and Harbor Act 

17 of 1970 (84 Stat. 1818), is modified to authorize the Sec18 retary to construct passing lanes in an area approximately 

19 3.5 miles long and centered on Tampa Bay Cut B, if the 

20 Secretary determines that the improvements are necessary 

21 for navigation safety. 

22 SEC. 3033 3034. ALLATOONA LAKE, GEORGIA. 

23 (a) LAND EXCHANGE.— 

24 (1) IN GENERAL.—The Secretary may exchange 

25 land above 863 feet in elevation at Allatoona Lake, 
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1 Georgia, identified in the Real Estate Design Memo2 randum prepared by the Mobile district engineer, 

3 April 5, 1996, and approved October 8, 1996, for 

4 land on the north side of Allatoona Lake that is re5 quired for wildlife management and protection of the 

6 water quality and overall environment of Allatoona 

7 Lake. 

8 (2) TERMS AND CONDITIONS.—The basis for all 

9 land exchanges under this subsection shall be a fair 

10 market appraisal to ensure that land exchanged is of 

11 equal value. 

12 (b) DISPOSAL AND ACQUISITION OF LAND, 

13 ALLATOONA LAKE, GEORGIA.— 

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

15 (A) sell land above 863 feet in elevation at 

16 Allatoona Lake, Georgia, identified in the 

17 memorandum referred to in subsection (a)(1); 

18 and 

19 (B) use the proceeds of the sale, without 

20 further appropriation, to pay costs associated 

21 with the purchase of land required for wildlife 

22 management and protection of the water quality 

23 and overall environment of Allatoona Lake. 

24 (2) TERMS AND CONDITIONS.— 
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1 (A) WILLING SELLERS.—Land acquired 

2 under this subsection shall be by negotiated 

3 purchase from willing sellers only. 

4 (B) BASIS.—The basis for all transactions 

5 under this subsection shall be a fair market 

6 value appraisal acceptable to the Secretary. 

7 (C) SHARING OF COSTS.—Each purchaser 

8 of land under this subsection shall share in the 

9 associated environmental and real estate costs 

10 of the purchase, including surveys and associ11 ated fees in accordance with the memorandum 

12 referred to in subsection (a)(1). 

13 (D) OTHER CONDITIONS.—The Secretary 

14 may impose on the sale and purchase of land 

15 under this subsection such other conditions as 

16 the Secretary determines to be appropriate. 

17 (c) REPEAL.—Section 325 of the Water Resources 

18 Development Act of 1992 (106 Stat. 4849) is repealed. 

19 SEC. 3034 3035. DWORSHAK RESERVOIR IMPROVEMENTS, 

20 IDAHO. 

21 (a) IN GENERAL.—The Secretary shall carry out ad22 ditional general construction measures to allow for oper23 ation at lower pool levels to satisfy the recreation mission 

24 at Dworshak Dam, Idaho. 
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1 (b) IMPROVEMENTS.—In carrying out subsection (a), 

2 the Secretary shall provide for appropriate improvements 

3 to— 

4 (1) facilities that are operated by the Corps of 

5 Engineers; and 

6 (2) facilities that, as of the date of enactment 

7 of this Act, are leased, permitted, or licensed for use 

8 by others. 

9 (c) COST SHARING.—The Secretary shall carry out 

10 this section through a cost-sharing program with Idaho 

11 State Parks and Recreation Department, with a total esti12 mated project cost of $5,300,000, with an estimated Fed13 eral cost of $3,900,000 and an estimated non-Federal cost 

14 of $1,400,000. 

15 SEC. 3035 3036. LITTLE WOOD RIVER, GOODING, IDAHO. 

16 The project for flood control, Gooding, Idaho, as con17 structed under the emergency conservation work program 

18 established under the Act of March 31, 1933 (16 U.S.C. 

19 585 et seq.) is modified to— 

20 (1) direct the Secretary to rehabilitate the 

21 Gooding Channel Project for the purposes of flood 

22 control and ecosystem restoration, if the Secretary 

23 determines that the rehabilitation and ecosystem res24 toration is feasible; 
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1 (2) authorize and direct the Secretary to plan, 

2 design, and construct the project at a total cost of 

3 $9,000,000; 

4 (3) authorize the non-Federal interest to pro5 vide any portion of the non-Federal share of the cost 

6 of the project in the form of services, materials, sup7 plies, or other in-kind contributions; 

8 (4) authorize the non-Federal interest to use 

9 funds made available under any other Federal pro10 gram toward the non-Federal share of the cost of 

11 the project if the use of the funds is permitted under 

12 the other Federal program; and 

13 (5) direct the Secretary, in calculating the non14 Federal share of the cost of the project, to make a 

15 determination under section 103(m) of the Water 

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

17 2213(m)) on the ability to pay of the non-Federal 

18 interest. 

19 SEC. 3036 3037. PORT OF LEWISTON, IDAHO. 

20 (a) EXTINGUISHMENT OF REVERSIONARY INTER21 ESTS AND USE RESTRICTIONS.—With respect to property 

22 covered by each deed described in subsection (b)— 

23 (1) the reversionary interests and use restric24 tions relating to industrial use purposes are extin25 guished; 
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1 (2) the restriction that no activity shall be per2 mitted that will compete with services and facilities 

3 offered by public marinas is extinguished; 

4 (3) the human habitation or other building 

5 structure use restriction is extinguished in each area 

6 in which the elevation is above the standard project 

7 flood elevation; and 

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

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for 

11 which a permit under section 404 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1344) is re13 quired. 

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

15 are as follows: 

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

17 Perce County, Idaho, 2.07 acres. 

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

19 Perce County, Idaho, 7.32 acres. 

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

21 section affects the remaining rights and interests of the 

22 Corps of Engineers for authorized project purposes with 

23 respect to property covered by deeds described in sub24 section (b). 
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1 SEC. 3037 3038. CACHE RIVER LEVEE, ILLINOIS. 

2 The Cache River Levee created for flood control at 

3 the Cache River, Illinois, and authorized under the Act 

4 of June 28, 1938 (52 Stat. 1215, chapter 795), is modi5 fied to add environmental restoration as a project purpose. 

6 SEC. 3039. CHICAGO, ILLINOIS. 

7 Section 425(a) of the Water Resources Development 

8 Act of 2000 (114 Stat. 2638) is amended by inserting ‘‘Lake 

9 Michigan and’’ before ‘‘the Chicago River’’. 

10 SEC. 3038 3040. CHICAGO RIVER, ILLINOIS. 

11 The Federal navigation channel for the North Branch 

12 Channel portion of the Chicago River authorized by sec13 tion 22 of the Act of March 3, 1899 (30 Stat. 1156, chap14 ter 425), extending from 100 feet downstream of the Hal15 sted Street Bridge to 100 feet upstream of the Division 

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

17 than 66 feet. 

18 SEC. 3039 3041. MISSOURI AND ILLINOIS FLOOD PROTEC19 TION PROJECTS RECONSTRUCTION PILOT 

20 PROGRAM. 

21 (a) DEFINITION OF RECONSTRUCTION.—In this sec22 tion: 

23 (1) IN GENERAL.—The term ‘‘reconstruction’’ 

24 means any action taken to address 1 or more major 

25 deficiencies of a project caused by long-term deg26 radation of the foundation, construction materials, 
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1 or engineering systems or components of the project, 

2 the results of which render the project at risk of not 

3 performing in compliance with the authorized pur4 poses of the project. 

5 (2) INCLUSIONS.—The term ‘‘reconstruction’’ 

6 includes the incorporation by the Secretary of cur7 rent design standards and efficiency improvements 

8 in a project if the incorporation does not signifi9 cantly change the authorized scope, function, or pur10 pose of the project. 

11 (b) PARTICIPATION BY SECRETARY.—The Secretary 

12 may participate in the reconstruction of flood control 

13 projects within Missouri and Illinois as a pilot program 

14 if the Secretary determines that such reconstruction is not 

15 required as a result of improper operation and mainte16 nance by the non-Federal interest. 

17 (c) COST SHARING.— 

18 (1) IN GENERAL.—Costs for reconstruction of a 

19 project under this section shall be shared by the Sec20 retary and the non-Federal interest in the same per21 centages as the costs of construction of the original 

22 project were shared. 

23 (2) OPERATION, MAINTENANCE, AND REPAIR

24 COSTS.—The costs of operation, maintenance, re25 pair, and rehabilitation of a project carried out 
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1 under this section shall be a non-Federal responsi2 bility. 

3 (d) CRITICAL PROJECTS.—In carrying out this sec4 tion, the Secretary shall give priority to the following 

5 projects: 

6 (1) Clear Creek Drainage and Levee District, 

7 Illinois. 

8 (2) Fort Chartres and Ivy Landing Drainage 

9 District, Illinois. 

10 (3) Wood River Drainage and Levee District, 

11 Illinois. 

12 (4) City of St. Louis, Missouri. 

13 (5) Missouri River Levee Drainage District, 

14 Missouri. 

15 (e) ECONOMIC JUSTIFICATION.—Reconstruction ef16 forts and activities carried out under this section shall not 

17 require economic justification. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $50,000,000, to remain available until expended. 

21 SEC. 3040 3042. SPUNKY BOTTOM, ILLINOIS. 

22 (a) IN GENERAL.—The project for flood control, Illi23 nois and Des Plaines River Basin, between Beardstown, 

24 Illinois, and the mouth of the Illinois River, authorized 

25 by section 5 of the Act of June 22, 1936 (49 Stat. 1583, 
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1 chapter 688), is modified to authorize ecosystem restora2 tion as a project purpose. 

3 (b) MODIFICATIONS.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 notwithstanding the limitation on the expenditure of 

6 Federal funds to carry out project modifications in 

7 accordance with section 1135 of the Water Re8 sources Development Act of 1986 (33 U.S.C. 

9 2309a), modifications to the project referred to in 

10 subsection (a) shall be carried out at Spunky Bot11 toms, Illinois, in accordance with subsection (a). 

12 (2) FEDERAL SHARE.—Not more than 

13 $7,500,000 in Federal funds may be expended under 

14 this section to carry out modifications to the project 

15 referred to in subsection (a). 

16 (3) POST-CONSTRUCTION MONITORING AND

17 MANAGEMENT.—Of the Federal funds expended 

18 under paragraph (2), not less than $500,000 shall 

19 remain available for a period of 5 years after the 

20 date of completion of construction of the modifica21 tions for use in carrying out post-construction moni22 toring and adaptive management. 

23 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith24 standing any modifications carried out under subsection 

25 (b), the project described in subsection (a) shall remain 
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1 eligible for emergency repair assistance under section 5 

2 of the Act of August 18, 1941 (33 U.S.C. 701n), without 

3 consideration of economic justification. 

4 SEC. 3041 3043. STRAWN CEMETERY, JOHN REDMOND LAKE, 

5 KANSAS. 

6 (a) IN GENERAL.—As soon as practicable after the 

7 date of enactment of this Act, the Secretary, acting 

8 through the Tulsa District of the Corps of Engineers, shall 

9 transfer to Pleasant Township, Coffey County, Kansas, 

10 for use as the New Strawn Cemetery, all right, title, and 

11 interest of the United States in and to the land described 

12 in subsection (c). 

13 (b) REVERSION.—If the land transferred under this 

14 section ceases at any time to be used as a nonprofit ceme15 tery or for another public purpose, the land shall revert 

16 to the United States. 

17 (c) DESCRIPTION.—The land to be conveyed under 

18 this section is a tract of land near John Redmond Lake, 

19 Kansas, containing approximately 3 acres and lying adja20 cent to the west line of the Strawn Cemetery located in 

the SE corner of the NE1 21 ⁄4 of sec. 32, T. 20 S., R. 14 

22 E., Coffey County, Kansas. 

23 (d) CONSIDERATION.— 

24 (1) IN GENERAL.—The conveyance under this 

25 section shall be at fair market value. 
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1 (2) COSTS.—All costs associated with the con2 veyance shall be paid by Pleasant Township, Coffey 

3 County, Kansas. 

4 (e) OTHER TERMS AND CONDITIONS.—The convey5 ance under this section shall be subject to such other 

6 terms and conditions as the Secretary considers necessary 

7 to protect the interests of the United States. 

8 SEC. 3042 3044. HARRY S. TRUMAN RESERVOIR, MILFORD, 

9 KANSAS. 

10 (a) IN GENERAL.—Subject to subsections (b) and (c), 

11 the Secretary shall convey at fair market value by quit12 claim deed to the Geary County Fire Department, Milford, 

13 Kansas, all right, title, and interest of the United States 

14 in and to a parcel of land consisting of approximately 7.4 

15 acres located in Geary County, Kansas, for construction, 

16 operation, and maintenance of a fire station. 

17 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

18 exact acreage and the description of the real property re19 ferred to in subsection (a) shall be determined by a survey 

20 that is satisfactory to the Secretary. 

21 (c) REVERSION.—If the Secretary determines that 

22 the property conveyed under subsection (a) ceases to be 

23 held in public ownership or to be used for any purpose 

24 other than a fire station, all right, title, and interest in 
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1 and to the property shall revert to the United States, at 

2 the option of the United States. 

3 SEC. 3043 3045. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, 

4 OHIO, PENNSYLVANIA, AND WEST VIRGINIA. 

5 Section 101(16) of the Water Resources Development 

6 Act of 2000 (114 Stat. 2578) is amended— 

7 (1) by striking ‘‘(A) IN GENERAL.—Projects for 

8 ecosystem restoration, Ohio River Mainstem’’ and 

9 inserting the following: 

10 ‘‘(A) AUTHORIZATION.— 

11 ‘‘(i) IN GENERAL.—Projects for eco12 system restoration, Ohio River Basin (ex13 cluding the Tennessee and Cumberland 

14 River Basins)’’; and 

15 (2) in subparagraph (A), by adding at the end 

16 the following: 

17 ‘‘(ii) NONPROFIT ENTITY.—For any 

18 ecosystem restoration project carried out 

19 under this paragraph, with the consent of 

20 the affected local government, a nonprofit 

21 entity may be considered to be a non-Fed22 eral interest. 

23 ‘‘(iii) PROGRAM IMPLEMENTATION

24 PLAN.—There is authorized to be devel25 oped a program implementation plan of the 
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1 Ohio River Basin (excluding the Tennessee 

2 and Cumberland River Basins) at full Fed3 eral expense. 

4 ‘‘(iv) PILOT PROGRAM.—There is au5 thorized to be initiated a completed pilot 

6 program in Lower Scioto Basin, Ohio.’’. 

7 SEC. 3044. PUBLIC ACCESS, ATCHAFALAYA BASIN 

8 FLOODWAY SYSTEM, LOUISIANA. 

9 The public access features of the Atchafalaya Basin 

10 Floodway System, Louisiana, project, authorized by the 

11 section 601(a) of the Water Resources Development Act 

12 of 1986 (100 Stat. 4142), are modified to authorize the 

13 Secretary to acquire from willing sellers the fee interest, 

14 exclusive of oil, gas, and minerals, of an additional 20,000 

15 acres of land in the Lower Atchafalaya Basin Flood for 

16 the public access feature of the Atchafalaya Basin 

17 Floodway System, Louisiana, to enhance fish and wildlife 

18 resources, at a total cost of $4,000,000. 

19 SEC. 3046. PUBLIC ACCESS, ATCHAFALAYA BASIN 

20 FLOODWAY SYSTEM, LOUISIANA. 

21 (a) IN GENERAL.—The public access feature of the 

22 Atchafalaya Basin Floodway System, Louisiana project, 

23 authorized by section 601(a) of the Water Resources Devel24 opment Act of 1986 (100 Stat. 4142), is modified to author25 ize the Secretary to acquire from willing sellers the fee inter-
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1 est (exclusive of oil, gas, and minerals) of an additional 

2 20,000 acres of land in the Lower Atchafalaya Basin 

3 Floodway for the public access feature of the Atchafalaya 

4 Basin Floodway System, Louisiana project. 

5 (b) MODIFICATION.— 

6 (1) IN GENERAL.—Subject to paragraph (2), ef7 fective beginning November 17, 1986, the public access 

8 feature of the Atchafalaya Basin Floodway System, 

9 Louisiana project, is modified to remove the 

10 $32,000,000 limitation on the maximum Federal ex11 penditure for the first costs of the public access fea12 ture. 

13 (2) FIRST COST.—The authorized first cost of 

14 $250,000,000 for the total project (as defined in sec15 tion 601(a) of the Water Resources Development Act 

16 of 1986 (100 Stat. 4142)) shall not be exceeded, except 

17 as authorized by section 902 of that Act (100 Stat. 

18 4183). 

19 SEC. 3045 3047. CALCASIEU RIVER AND PASS, LOUISIANA. 

20 The project for the Calcasieu River and Pass, Lou21 isiana, authorized by section 101 of the River and Harbor 

22 Act of 1960 (74 Stat. 481), is modified to authorize the 

23 Secretary to provide $3,000,000 for each fiscal year, in 

24 a total amount of $15,000,000, for such rock bank protec25 tion of the Calcasieu River from mile 5 to mile 16 as the 
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1 Chief of Engineers determines to be advisable to reduce 

2 maintenance dredging needs and facilitate protection of 

3 valuable disposal areas for the Calcasieu River and Pass, 

4 Louisiana. 

5 SEC. 3048. LAROSE TO GOLDEN MEADOW, LOUISIANA. 

6 (a) IN GENERAL.—For the project for hurricane pro7 tection, Larose to Golden Meadow, Louisiana, authorized 

8 by section 204 of the Flood Control Act of 1965 (79 Stat. 

9 1077), not later than 180 days after the date of enactment 

10 of this Act, the Secretary shall make the determination de11 scribed in section 325 of the Water Resources Development 

12 Act of 1999 (113 Stat. 304) regarding the technical feasi13 bility, environmental acceptability, and economical jus14 tification of converting the Golden Meadow floodgate into 

15 a navigation lock. 

16 (b) CONVERSION.—If the Secretary makes a favorable 

17 determination under subsection (a), or fails to make a fa18 vorable or unfavorable determination by the date specified 

19 in subsection (a), the conversion of the Golden Meadow 

20 floodgate to a navigation lock shall be considered to be au21 thorized as a feature of the hurricane protection project re22 ferred to in subsection (a). 

23 SEC. 3046 3049. EAST BATON ROUGE PARISH, LOUISIANA. 

24 The project for flood damage reduction and recre25 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 December 2004, at a total cost of $178,000,000. 

9 SEC. 3047 3050. RED RIVER (J. BENNETT JOHNSTON) WATER10 WAY, 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 authorize the Secretary to carry out the 

22 project at a total cost of $33,000,000; 

23 (1) (2) to permit the purchase of marginal 

24 farmland for reforestation (in addition to the pur25 chase of bottomland hardwood); and 
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1 (2) (3) to incorporate wildlife and forestry man2 agement practices to improve species diversity on 

3 mitigation land that meets habitat goals and objec4 tives of the Corps of Engineers and the State of 

5 Louisiana. 

6 SEC. 3048 3051. CAMP ELLIS, SACO, MAINE. 

7 The maximum amount of Federal funds that may be 

8 expended for the project being carried out under section 

9 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

10 for the mitigation of shore damages attributable to the 

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

12 $20,000,000. 

13 SEC. 3049 3052. UNION RIVER, MAINE. 

14 The project for navigation, Union River, Maine, au15 thorized by the first section of the Act of June 3, 1896 

16 (29 Stat. 215, chapter 314), is modified by redesignating 

17 as an anchorage area that portion of the project consisting 

18 of a 6-foot turning basin and lying northerly of a line com19 mencing at a point N. 315,975.13, E. 1,004,424.86, 

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

21 to a point N. 316,038.37, E. 1,004,308.61. 
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1 SEC. 3050 3053. CHESAPEAKE BAY ENVIRONMENTAL RES2 TORATION AND PROTECTION PROGRAM, 

3 MARYLAND, PENNSYLVANIA, AND VIRGINIA. 

4 Section 510(i) of the Water Resources Development 

5 Act of 1996 (110 Stat. 3761) is amended by striking 

6 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’. 

7 SEC. 3051 3054. CUMBERLAND, MARYLAND. 

8 Section 580(a) of the Water Resources Development 

9 Act of 1999 (113 Stat. 375) is amended— 

10 (1) by striking ‘‘$15,000,000’’ and inserting 

11 ‘‘$25,750,000’’; 

12 (2) by striking ‘‘$9,750,000’’ and inserting 

13 ‘‘$16,738,000’’; and 

14 (3) by striking ‘‘$5,250,000’’ and inserting 

15 ‘‘$9,012,000’’. 

16 SEC. 3052 3055. FALL RIVER HARBOR, MASSACHUSETTS AND 

17 RHODE ISLAND. 

18 (a) IN GENERAL.—Notwithstanding section 

19 1001(b)(2) of the Water Resources Development Act of 

20 1986 (33 U.S.C. 579a(b)(2)), the project for navigation, 

21 Fall River Harbor, Massachusetts and Rhode Island, au22 thorized by section 101 of the River and Harbor Act of 

23 1968 (82 Stat. 731), shall remain authorized to be carried 

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

25 that portion of the project extending riverward of the 
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1 Charles M. Braga, Jr. Memorial Bridge, Fall River and 

2 Somerset, Massachusetts, shall not exceed 35 feet. 

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

4 study to determine the feasibility of deepening that por5 tion of the navigation channel of the navigation project 

6 for Fall River Harbor, Massachusetts and Rhode Island, 

7 authorized by section 101 of the River and Harbor Act 

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

9 Jr. Memorial Bridge Fall River and Somerset, Massachu10 setts. 

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

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

13 day of the 5-year period beginning on the date of enact14 ment of this Act unless, during that period, funds have 

15 been obligated for construction (including planning and 

16 design) of the project. 

17 SEC. 3053 3056. ST. CLAIR RIVER AND LAKE ST. CLAIR, 

18 MICHIGAN. 

19 (a) DEFINITIONS.—In this section: 

20 (1) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the St. 

22 Clair River and Lake St. Clair, Michigan, that is in 

23 effect as of the date of enactment of this section. 
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1 (2) PARTNERSHIP.—The term ‘‘Partnership’’ 

2 means the partnership established by the Secretary 

3 under subsection (b)(1). 

4 (b) PARTNERSHIP.— 

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

6 and lead a partnership of appropriate Federal agen7 cies (including the Environmental Protection Agen8 cy) and the State of Michigan (including political 

9 subdivisions of the State)— 

10 (A) to promote cooperation among the 

11 Federal Government, State and local govern12 ments, and other involved parties in the man13 agement of the St. Clair River and Lake St. 

14 Clair watersheds; and 

15 (B) develop and implement projects con16 sistent with the management plan. 

17 (2) COORDINATION WITH ACTIONS UNDER

18 OTHER LAW.— 

19 (A) IN GENERAL.—Actions taken under 

20 this section by the Partnership shall be coordi21 nated with actions to restore and conserve the 

22 St. Clair River and Lake St. Clair and water23 sheds taken under other provisions of Federal 

24 and State law. 
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1 (B) NO EFFECT ON OTHER LAW.—Nothing 

2 in this section alters, modifies, or affects any 

3 other provision of Federal or State law. 

4 (c) IMPLEMENTATION OF ST. CLAIR RIVER AND

5 LAKE ST. CLAIR MANAGEMENT PLAN.— 

6 (1) IN GENERAL.—The Secretary shall— 

7 (A) develop a St. Clair River and Lake St. 

8 Clair strategic implementation plan in accord9 ance with the management plan; 

10 (B) provide technical, planning, and engi11 neering assistance to non-Federal interests for 

12 developing and implementing activities con13 sistent with the management plan; 

14 (C) plan, design, and implement projects 

15 consistent with the management plan; and 

16 (D) provide, in coordination with the Ad17 ministrator of the Environmental Protection 

18 Agency, financial and technical assistance, in19 cluding grants, to the State of Michigan (in20 cluding political subdivisions of the State) and 

21 interested nonprofit entities for the planning, 

22 design, and implementation of projects to re23 store, conserve, manage, and sustain the St. 

24 Clair River, Lake St. Clair, and associated wa25 tersheds. 
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1 (2) SPECIFIC MEASURES.—Financial and tech2 nical assistance provided under subparagraphs (B) 

3 and (C) of paragraph (1) may be used in support of 

4 non-Federal activities consistent with the manage5 ment plan. 

6 (d) SUPPLEMENTS TO MANAGEMENT PLAN AND

7 STRATEGIC IMPLEMENTATION PLAN.—In consultation 

8 with the Partnership and after providing an opportunity 

9 for public review and comment, the Secretary shall develop 

10 information to supplement— 

11 (1) the management plan; and 

12 (2) the strategic implementation plan developed 

13 under subsection (c)(1)(A). 

14 (e) COST SHARING.— 

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

16 share of the cost of technical assistance, or the cost 

17 of planning, design, construction, and evaluation of 

18 a project under subsection (c), and the cost of devel19 opment of supplementary information under sub20 section (d)— 

21 (A) shall be 25 percent of the total cost of 

22 the project or development; and 

23 (B) may be provided through the provision 

24 of in-kind services. 
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1 (2) CREDIT FOR LAND, EASEMENTS, AND

2 RIGHTS-OF-WAY.—The Secretary shall credit the 

3 non-Federal sponsor for the value of any land, ease4 ments, rights-of-way, dredged material disposal 

5 areas, or relocations provided for use in carrying out 

6 a project under subsection (c). 

7 (3) NONPROFIT ENTITIES.—Notwithstanding 

8 section 221 of the Flood Control Act of 1970 (42 

9 U.S.C. 1962d–5b), a non-Federal sponsor for any 

10 project carried out under this section may include a 

11 nonprofit entity. 

12 (4) OPERATION AND MAINTENANCE.—The op13 eration, maintenance, repair, rehabilitation, and re14 placement of projects carried out under this section 

15 shall be non-Federal responsibilities. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $10,000,000 for each fiscal year. 

19 SEC. 3054 3057. DULUTH HARBOR, MINNESOTA. 

20 (a) IN GENERAL.—Notwithstanding the cost limita21 tion described in section 107(b) of the River and Harbor 

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

23 out the project for navigation, Duluth Harbor, Minnesota, 

24 pursuant to the authority provided under that section at 

25 a total Federal cost of $9,000,000. 
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1 (b) PUBLIC ACCESS AND RECREATIONAL FACILI2 TIES.—Section 321 of the Water Resources Development 

3 Act of 2000 (114 Stat. 2605) is amended by inserting ‘‘, 

4 and to provide public access and recreational facilities’’ 

5 after ‘‘including any required bridge construction’’. 

6 SEC. 3055 3058. LAND EXCHANGE, PIKE COUNTY, MISSOURI. 

7 (a) DEFINITIONS.—In this section: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means the 2 parcels of Corps of Engineers land to10 taling approximately 42 acres, located on Buffalo Is11 land in Pike County, Missouri, and consisting of 

12 Government Tract Numbers MIS–7 and a portion of 

13 FM–46. 

14 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the approximately 42 acres of 

16 land, subject to any existing flowage easements situ17 ated in Pike County, Missouri, upstream and north18 west, about 200 feet from Drake Island (also known 

19 as Grimes Island). 

20 (b) LAND EXCHANGE.—Subject to subsection (c), on 

21 conveyance by S.S.S., Inc., to the United States of all 

22 right, title, and interest in and to the non-Federal land, 

23 the Secretary shall convey to S.S.S., Inc., all right, title, 

24 and interest of the United States in and to the Federal 

25 land. 
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1 (c) CONDITIONS.— 

2 (1) DEEDS.— 

3 (A) NON-FEDERAL LAND.—The convey4 ance of the non-Federal land to the Secretary 

5 shall be by a warranty deed acceptable to the 

6 Secretary. 

7 (B) FEDERAL LAND.—The conveyance of 

8 the Federal land to S.S.S., Inc., shall be— 

9 (i) by quitclaim deed; and 

10 (ii) subject to any reservations, terms, 

11 and conditions that the Secretary deter12 mines to be necessary to allow the United 

13 States to operate and maintain the Mis14 sissippi River 9-Foot Navigation Project. 

15 (C) LEGAL DESCRIPTIONS.—The Secretary 

16 shall, subject to approval of S.S.S., Inc., pro17 vide a legal description of the Federal land and 

18 non-Federal land for inclusion in the deeds re19 ferred to in subparagraphs (A) and (B). 

20 (2) REMOVAL OF IMPROVEMENTS.— 

21 (A) IN GENERAL.—The Secretary may re22 quire the removal of, or S.S.S., Inc., may volun23 tarily remove, any improvements to the non24 Federal land before the completion of the ex25 change or as a condition of the exchange. 
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1 (B) NO LIABILITY.—If S.S.S., Inc., re2 moves any improvements to the non-Federal 

3 land under subparagraph (A)— 

4 (i) S.S.S., Inc., shall have no claim 

5 against the United States relating to the 

6 removal; and 

7 (ii) the United States shall not incur 

8 or be liable for any cost associated with the 

9 removal or relocation of the improvements. 

10 (3) ADMINISTRATIVE COSTS.—The Secretary 

11 shall require S.S.S., Inc. to pay reasonable adminis12 trative costs associated with the exchange. 

13 (4) CASH EQUALIZATION PAYMENT.—If the ap14 praised fair market value, as determined by the Sec15 retary, of the Federal land exceeds the appraised 

16 fair market value, as determined by the Secretary, 

17 of the non-Federal land, S.S.S., Inc., shall make a 

18 cash equalization payment to the United States. 

19 (5) DEADLINE.—The land exchange under sub20 section (b) shall be completed not later than 2 years 

21 after the date of enactment of this Act. 

22 SEC. 3056 3059. UNION LAKE, MISSOURI. 

23 (a) IN GENERAL.—The Secretary shall offer to con24 vey to the State of Missouri, before January 31, 2005 

25 2006, all right, title, and interest in and to approximately 
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1 205.50 acres of land described in subsection (b) purchased 

2 for the Union Lake Project that was deauthorized as of 

3 January 1, 1990 (55 Fed. Reg. 40906) in accordance with 

4 section 1001 of the Water Resources Development Act of 

5 1986 (33 U.S.C. 579a(a)). 

6 (b) LAND DESCRIPTION.—The land referred to in 

7 subsection (a) is described as follows: 

8 (1) TRACT 500.—A tract of land situated in 

Franklin County, Missouri, being part of the SW1 9 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 10 ⁄4 of sec. 8, T. 

11 42 N., R. 2 W. of the fifth principal meridian, con12 sisting of approximately 112.50 acres. 

13 (2) TRACT 605.—A tract of land situated in 

Franklin County, Missouri, being part of the N1 14 ⁄2 of 

15 the NE, and part of the SE of the NE of sec. 18, 

16 T. 42 N., R. 2 W. of the fifth principal meridian, 

17 consisting of approximately 93.00 acres. 

18 (c) CONVEYANCE.—Upon acceptance by the State of 

19 Missouri of the offer by the Secretary under subsection 

20 (a), the land described in subsection (b) shall immediately 

21 be conveyed, in its current condition, by Secretary to the 

22 State of Missouri. 
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1 SEC. 3057 3060. FORT PECK FISH HATCHERY, MONTANA. 

2 Section 325(f)(1)(A) of the Water Resources Devel3 opment Act of 2000 (114 Stat. 2607) is amended by strik4 ing ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

5 SEC. 3061. YELLOWSTONE RIVER AND TRIBUTARIES, MON6 TANA AND NORTH DAKOTA. 

7 (a) DEFINITION OF RESTORATION PROJECT.—In this 

8 section, the term ‘‘restoration project’’ means a project that 

9 will produce, in accordance with other Federal programs, 

10 projects, and activities, substantial ecosystem restoration 

11 and related benefits, as determined by the Secretary. 

12 (b) PROJECTS.—The Secretary shall carry out, in ac13 cordance with other Federal programs, projects, and activi14 ties, restoration projects in the watershed of the Yellowstone 

15 River and tributaries in Montana, and in North Dakota, 

16 to produce immediate and substantial ecosystem restoration 

17 and recreation benefits. 

18 (c) LOCAL PARTICIPATION.—In carrying out sub19 section (b), the Secretary shall— 

20 (1) consult with, and consider the activities 

21 being carried out by— 

22 (A) other Federal agencies; 

23 (B) Indian tribes; 

24 (C) conservation districts; and 

25 (D) the Yellowstone River Conservation Dis26 trict Council; and 
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1 (2) seek the full participation of the State of 

2 Montana. 

3 (d) COST SHARING.—Before carrying out any restora4 tion project under this section, the Secretary shall enter into 

5 an agreement with the non-Federal interest for the restora6 tion project under which the non-Federal interest shall 

7 agree— 

8 (1) to provide 35 percent of the total cost of the 

9 restoration project, including necessary land, ease10 ments, rights-of-way, relocations, and disposal sites; 

11 (2) to pay the non-Federal share of the cost of 

12 feasibility studies and design during construction fol13 lowing execution of a project cooperation agreement; 

14 (3) to pay 100 percent of the operation, mainte15 nance, repair, replacement, and rehabilitation costs 

16 incurred after the date of enactment of this Act that 

17 are associated with the restoration project; and 

18 (4) to hold the United States harmless for any 

19 claim of damage that arises from the negligence of the 

20 Federal Government or a contractor of the Federal 

21 Government in carrying out the restoration project. 

22 (e) FORM OF NON-FEDERAL SHARE.—Not more than 

23 50 percent of the non-Federal share of the cost of a restora24 tion project carried out under this section may be provided 
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1 in the form of in-kind credit for work performed during 

2 construction of the restoration project. 

3 (f) NON-FEDERAL INTERESTS.—Notwithstanding sec4 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

5 5b), with the consent of the applicable local government, a 

6 nonprofit entity may be a non-Federal interest for a res7 toration project carried out under this section. 

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $30,000,000. 

11 SEC. 3058 3062. LOWER TRUCKEE RIVER, MCCARRAN RANCH, 

12 NEVADA. 

13 The maximum amount of Federal funds that may be 

14 expended for the project being carried out, as of the date 

15 of enactment of this Act, under section 1135 of the Water 

16 Resources Development Act of 1986 (33 U.S.C. 2309a) 

17 for environmental restoration of McCarran Ranch, Ne18 vada, shall be $5,775,000. 

19 SEC. 3059 3063. MIDDLE RIO GRANDE RESTORATION, NEW 

20 MEXICO. 

21 (a) RESTORATION PROJECTS.— 

22 (1) DEFINITION.—The term ‘‘restoration 

23 project’’ means a project that will produce, con24 sistent with other Federal programs, projects, and 
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1 activities, immediate and substantial ecosystem res2 toration and recreation benefits. 

3 (2) PROJECTS.—The Secretary shall carry out 

4 restoration projects in the Middle Rio Grande from 

5 Cochiti Dam to the headwaters of Elephant Butte 

6 Reservoir, in the State of New Mexico. 

7 (b) PROJECT SELECTION.—The Secretary shall select 

8 restoration projects in the Middle Rio Grande. 

9 (c) LOCAL PARTICIPATION.—In carrying out sub10 section (b), the Secretary shall consult with, and consider 

11 the activities being carried out by— 

12 (1) the Middle Rio Grande Endangered Species 

13 Act Collaborative Program; and 

14 (2) the Bosque Improvement Group of the Mid15 dle Rio Grande Bosque Initiative. 

16 (d) COST SHARING.—Before carrying out any res17 toration project under this section, the Secretary shall 

18 enter into an agreement with non-Federal interests that 

19 requires the non-Federal interests to— 

20 (1) provide 35 percent of the total cost of the 

21 restoration projects including provisions for nec22 essary lands, easements, rights-of-way, relocations, 

23 and disposal sites; 

24 (2) pay 100 percent of the operation, mainte25 nance, repair, replacement, and rehabilitation costs 
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1 incurred after the date of the enactment of this Act 

2 that are associated with the restoration projects; and 

3 (3) hold the United States harmless for any 

4 claim of damage that arises from the negligence of 

5 the Federal Government or a contractor of the Fed6 eral Government. 

7 (e) NON-FEDERAL INTERESTS.—Not withstanding 

8 section 221 of the Flood Control Act of 1970 (42 U.S.C. 

9 1962d–5b), a non-Federal interest for any project carried 

10 out under this section may include a nonprofit entity, with 

11 the consent of the local government. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $25,000,000 to carry out 

14 this section. 

15 SEC. 3060 3064. LONG ISLAND SOUND OYSTER RESTORATION, 

16 NEW YORK AND CONNECTICUT. 

17 (a) IN GENERAL.—The Secretary shall plan, design, 

18 and construct projects to increase aquatic habitats within 

19 Long Island Sound and adjacent waters, including the 

20 construction and restoration of oyster beds and related 

21 shellfish habitat. 

22 (b) COST-SHARING.—The non-Federal share of the 

23 cost of activities carried out under this section shall be 

24 25 percent and may be provided through in-kind services 

25 and materials. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $25,000,000 to carry out 

3 this section. 

4 SEC. 3061 3065. ORCHARD BEACH, BRONX, NEW YORK. 

5 Section 554 of the Water Resources Development Act 

6 of 1996 (110 Stat. 3781) is amended by striking 

7 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’. 

8 SEC. 3062 3066. NEW YORK HARBOR, NEW YORK, NEW YORK. 

9 Section 217 of the Water Resources Development Act 

10 of 1996 (33 U.S.C. 2326a) is amended— 

11 (1) by redesignating subsection (c) as sub12 section (d); 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) DREDGED MATERIAL FACILITY.— 

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

17 into cost-sharing agreements with 1 or more non18 Federal public interests with respect to a project, or 

19 group of projects within a geographic region, if ap20 propriate, for the acquisition, design, construction, 

21 management, or operation of a dredged material 

22 processing, treatment, contaminant reduction, or 

23 disposal facility (including any facility used to dem24 onstrate potential beneficial uses of dredged mate25 rial, which may include effective sediment contami-
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•S 728 RS 

1 nant reduction technologies) using funds provided in 

2 whole or in part by the Federal Government. 

3 ‘‘(2) PERFORMANCE.—One or more of the par4 ties to the agreement may perform the acquisition, 

5 design, construction, management, or operation of a 

6 dredged material processing, treatment, contaminant 

7 reduction, or disposal facility. 

8 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If ap9 propriate, the Secretary may combine portions of 

10 separate Federal projects with appropriate combined 

11 cost-sharing between the various projects, if the fa12 cility serves to manage dredged material from mul13 tiple Federal projects located in the geographic re14 gion of the facility. 

15 ‘‘(4) PUBLIC FINANCING.— 

16 ‘‘(A) AGREEMENTS.— 

17 ‘‘(i) SPECIFIED FEDERAL FUNDING

18 SOURCES AND COST SHARING.—The cost19 sharing agreement used shall clearly speci20 fy— 

21 ‘‘(I) the Federal funding sources 

22 and combined cost-sharing when ap23 plicable to multiple Federal navigation 

24 projects; and 
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1 ‘‘(II) the responsibilities and 

2 risks of each of the parties related to 

3 present and future dredged material 

4 managed by the facility. 

5 ‘‘(ii) MANAGEMENT OF SEDIMENTS.— 

6 ‘‘(I) IN GENERAL.—The cost7 sharing agreement may include the 

8 management of sediments from the 

9 maintenance dredging of Federal 

10 navigation projects that do not have 

11 partnerships agreements. 

12 ‘‘(II) PAYMENTS.—The cost13 sharing agreement may allow the non14 Federal interest to receive reimburs15 able payments from the Federal Gov16 ernment for commitments made by 

17 the non-Federal interest for disposal 

18 or placement capacity at dredged ma19 terial treatment, processing, contami20 nant reduction, or disposal facilities. 

21 ‘‘(iii) CREDIT.—The cost-sharing 

22 agreement may allow costs incurred prior 

23 to execution of a partnership agreement 

24 for construction or the purchase of equip25 ment or capacity for the project to be cred-
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1 ited according to existing cost-sharing 

2 rules. 

3 ‘‘(B) CREDIT.— 

4 ‘‘(i) EFFECT ON EXISTING AGREE5 MENTS.—Nothing in this subsection super6 sedes or modifies an agreement in effect on 

7 the date of enactment of this paragraph 

8 between the Federal Government and any 

9 other non-Federal interest for the cost10 sharing, construction, and operation and 

11 maintenance of a Federal navigation 

12 project. 

13 ‘‘(ii) CREDIT FOR FUNDS.—Subject to 

14 the approval of the Secretary and in ac15 cordance with law (including regulations 

16 and policies) in effect on the date of enact17 ment of this paragraph, a non-Federal 

18 public interest of a Federal navigation 

19 project may seek credit for funds provided 

20 for the acquisition, design, construction, 

21 management, or operation of a dredged 

22 material processing, treatment, or disposal 

23 facility to the extent the facility is used to 

24 manage dredged material from the Federal 

25 navigation project. 
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1 ‘‘(iii) NON-FEDERAL INTEREST RE2 SPONSIBILITIES.—The non-Federal inter3 est shall— 

4 ‘‘(I) be responsible for providing 

5 all necessary land, easement rights-of6 way, or relocations associated with the 

7 facility; and 

8 ‘‘(II) receive credit for those 

9 items.’’; and 

10 (3) in paragraphs (1) and (2)(A) of subsection 

11 (d) (as so redesignated)— 

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

13 ‘‘operation’’ each place it appears; and 

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

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

16 appears in each of those paragraphs. 

17 SEC. 3063 3067. ONONDAGA LAKE, NEW YORK. 

18 Section 573 of the Water Resources Development Act 

19 of 1999 (113 Stat. 372) is amended— 

20 (1) in subsection (f), by striking ‘‘$10,000,000’’ 

21 and inserting ‘‘$30,000,000’’; 

22 (2) by redesignating subsections (f) and (g) as 

23 subsections (g) and (h), respectively; and 

24 (3) by inserting after subsection (e) the fol25 lowing: 
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1 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

3 1962d–5b(b)), for any project carried out under this sec4 tion, a non-Federal interest may include a nonprofit enti5 ty, with the consent of the affected local government.’’. 

6 SEC. 3064 3068. MISSOURI RIVER RESTORATION, NORTH DA7 KOTA. 

8 Section 707(a) of the Water Resources Act of 2000 

9 (114 Stat. 2699) is amended in the first sentence by strik10 ing ‘‘2005’’ and inserting ‘‘2010’’. 

11 SEC. 3065 3069. LOWER GIRARD LAKE DAM, GIRARD, OHIO. 

12 Section 507(1) of the Water Resources Development 

13 Act of 1996 (110 Stat. 3758) is amended— 

14 (1) by striking ‘‘$2,500,000’’ and inserting 

15 ‘‘$5,500,000’’; and 

16 (2) by adding before the period at the end the 

17 following: ‘‘(which repair and rehabilitation shall in18 clude lowering the crest of the Dam by not more 

19 than 12.5 feet)’’. 

20 SEC. 3066 3070. TOUSSAINT RIVER NAVIGATION PROJECT, 

21 CARROLL TOWNSHIP, OHIO. 

22 Increased operation and maintenance activities for 

23 the Toussaint River Federal Navigation Project, Carroll 

24 Township, Ohio, that are carried out in accordance with 

25 section 107 of the River and Harbor Act of 1960 (33 
191 

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1 U.S.C. 577) and relate directly to the presence of 

2 unexploded ordnance, shall be carried out at full Federal 

3 expense. 

4 SEC. 3067 3071. ARCADIA LAKE, OKLAHOMA. 

5 Payments made by the city of Edmond, Oklahoma, 

6 to the Secretary in October 1999 of all costs associated 

7 with present and future water storage costs at Arcadia 

8 Lake, Oklahoma, under Arcadia Lake Water Storage Con9 tract Number DACW56–79–C–002 shall satisfy the obli10 gations of the city under that contract. 

11 SEC. 3072. OKLAHOMA LAKE DEMONSTRATION, OKLAHOMA. 

12 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, AND

13 RESERVATIONS.—Each reversionary interest and use re14 striction relating to public parks and recreation on the land 

15 conveyed by the Secretary to the State of Oklahoma at Lake 

16 Texoma pursuant to the Act entitled ‘‘An Act to authorize 

17 the sale of certain lands to the State of Oklahoma’’ (67 Stat. 

18 62, chapter 118) is terminated. 

19 (b) INSTRUMENT OF RELEASE.—As soon as prac20 ticable after the date of enactment of this Act, the Secretary 

21 shall execute and file in the appropriate office a deed of 

22 release, an amended deed, or another appropriate instru23 ment to release each interest and use restriction described 

24 in subsection (a). 
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1 SEC. 3068 3073. WAURIKA LAKE, OKLAHOMA. 

2 The remaining obligation of the Waurika Project 

3 Master Conservancy District payable to the United States 

4 Government in the amounts, rates of interest, and pay5 ment schedules— 

6 (1) is set at the amounts, rates of interest, and 

7 payment schedules that existed on June 3, 1986; 

8 and 

9 (2) may not be adjusted, altered, or changed 

10 without a specific, separate, and written agreement 

11 between the District and the United States. 

12 SEC. 3069 3074. LOOKOUT POINT, DEXTER LAKE PROJECT, 

13 LOWELL, OREGON. 

14 (a) IN GENERAL.—Subject to subsections (b) and (c), 

15 the Secretary shall convey at fair market value to the com16 munity of Lowell, Oregon, all right, title, and interest of 

17 the United States in and to a parcel of land consisting 

18 of approximately 0.98 acres located in Lane County, Or19 egon. 

20 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

21 exact acreage and the description of the real property re22 ferred to in subsection (a) shall be determined by a survey 

23 that is satisfactory to the Secretary. 

24 (c) CONDITION.—The Secretary shall not complete 

25 the conveyance under subsection (a) until such time as the 

26 United States Forest Service— 
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1 (1) completes and certifies that necessary envi2 ronmental remediation associated with the structures 

3 located on the property is complete; and 

4 (2) transfers the structures to the Corps of En5 gineers. 

6 SEC. 3070 3075. UPPER WILLAMETTE RIVER WATERSHED 

7 ECOSYSTEM RESTORATION. 

8 (a) IN GENERAL.—The Secretary shall conduct stud9 ies and ecosystem restoration projects for the upper Wil10 lamette River watershed from Albany, Oregon, to the 

11 headwaters of the Willamette River and tributaries. 

12 (b) CONSULTATION.—The Secretary shall carry out 

13 ecosystem restoration projects under this section for the 

14 Upper Willamette River watershed in consultation with 

15 the Governor of the State of Oregon, the heads of appro16 priate Indian tribes, the Environmental Protection Agen17 cy, the United States Fish and Wildlife Service, the Na18 tional Marine Fisheries Service, the Bureau of Land Man19 agement, the Forest Service, and local entities. 

20 (c) AUTHORIZED ACTIVITIES.—In carrying out eco21 system restoration projects under this section, the Sec22 retary shall undertake activities necessary to protect, mon23 itor, and restore fish and wildlife habitat. 

24 (d) COST SHARING REQUIREMENTS.— 
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1 (1) STUDIES.—Studies conducted under this 

2 section shall be subject to cost sharing in accordance 

3 with section 206 of the Water Resources Develop4 ment Act of 1996 (33 U.S.C. 2330). 

5 (2) ECOSYSTEM RESTORATION PROJECTS.— 

6 (A) IN GENERAL.—Non-Federal interests 

7 shall pay 35 percent of the cost of any eco8 system restoration project carried out under 

9 this section. 

10 (B) ITEMS PROVIDED BY NON-FEDERAL

11 INTERESTS.— 

12 (i) IN GENERAL.—Non-Federal inter13 ests shall provide all land, easements, 

14 rights-of-way, dredged material disposal 

15 areas, and relocations necessary for eco16 system restoration projects to be carried 

17 out under this section. 

18 (ii) CREDIT TOWARD PAYMENT.—The 

19 value of the land, easements, rights-of-way, 

20 dredged material disposal areas, and relo21 cations provided under paragraph (1) shall 

22 be credited toward the payment required 

23 under subsection (a). 

24 (C) IN-KIND CONTRIBUTIONS.—100 per25 cent of the non-Federal share required under 
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1 subsection (a) may be satisfied by the provision 

2 of in-kind contributions. 

3 (3) OPERATIONS AND MAINTENANCE.—Non4 Federal interests shall be responsible for all costs as5 sociated with operating, maintaining, replacing, re6 pairing, and rehabilitating all projects carried out 

7 under this section. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $15,000,000. 

11 SEC. 3071 3076. TIOGA TOWNSHIP, PENNSYLVANIA. 

12 (a) IN GENERAL.—The Secretary shall convey to the 

13 Tioga Township, Pennsylvania, at fair market value, all 

14 right, title, and interest in and to the parcel of real prop15 erty located on the northeast end of Tract No. 226, a por16 tion of the Tioga-Hammond Lakes Floods Control 

17 Project, Tioga County, Pennsylvania, consisting of ap18 proximately 8 acres, together with any improvements on 

19 that property, in as-is condition, for public ownership and 

20 use as the site of the administrative offices and road main21 tenance complex for the Township. 

22 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

23 exact acreage and the legal description of the real property 

24 described in subsection (a) shall be determined by a survey 

25 that is satisfactory to the Secretary. 
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1 (c) RESERVATION OF INTERESTS.—The Secretary 

2 shall reserve such rights and interests in and to the prop3 erty to be conveyed as the Secretary considers necessary 

4 to preserve the operational integrity and security of the 

5 Tioga-Hammond Lakes Flood Control Project. 

6 (d) REVERSION.—If the Secretary determines that 

7 the property conveyed under subsection (a) ceases to be 

8 held in public ownership, or to be used as a site for the 

9 Tioga Township administrative offices and road mainte10 nance complex or for related public purposes, all right, 

11 title, and interest in and to the property shall revert to 

12 the United States, at the option of the United States. 

13 SEC. 3072 3077. UPPER SUSQUEHANNA RIVER BASIN, PENN14 SYLVANIA AND NEW YORK. 

15 Section 567 if the Water Resources Development Act 

16 of 1996 (110 Stat. 3787) is amended— 

17 (1) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) COOPERATION AGREEMENTS.— 

20 ‘‘(1) IN GENERAL.—In conducting the study 

21 and implementing the strategy under this section, 

22 the Secretary shall enter into cost-sharing and 

23 project cooperation agreements with the Federal 

24 Government, State and local governments (with the 

25 consent of the State and local governments), land 
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1 trusts, or nonprofit, nongovernmental organizations 

2 with expertise in wetland restoration. 

3 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co4 operation agreement, the Secretary may provide as5 sistance for implementation of wetland restoration 

6 projects and soil and water conservation measures.’’; 

7 and 

8 (2) by striking subsection (d) and inserting the 

9 following: 

10 ‘‘(d) IMPLEMENTATION OF STRATEGY.— 

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

12 out the development, demonstration, and implemen13 tation of the strategy under this section in coopera14 tion with local landowners, local government offi15 cials, and land trusts. 

16 ‘‘(2) GOALS OF PROJECTS.—Projects to imple17 ment the strategy under this subsection shall be de18 signed to take advantage of ongoing or planned ac19 tions by other agencies, local municipalities, or non20 profit, nongovernmental organizations with expertise 

21 in wetland restoration that would increase the effec22 tiveness or decrease the overall cost of implementing 

23 recommended projects.’’. 
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1 SEC. 3073 3078. COOPER RIVER BRIDGE DEMOLITION, 

2 CHARLESTON, 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 3079. SOUTH CAROLINA DEPARTMENT OF COM16 MERCE DEVELOPMENT PROPOSAL AT RICH17 ARD B. 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). 
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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.— 
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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. 
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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. 
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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 3080. 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 3081. MISSOURI AND MIDDLE MISSISSIPPI RIVERS 

20 ENHANCEMENT 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; 
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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 
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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 3082. 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— 
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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 3083. 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 3084. 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 3085. 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 3086. SANDY CREEK, JACKSON COUNTY, TEN4 NESSEE. 

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

6 project for flood damage reduction under section 205 of 

7 the Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy 

8 Creek, Jackson County, Tennessee, if the Secretary deter9 mines that the project is technically sound, environ10 mentally acceptable, and economically justified. 

11 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU12 TARIES PROJECT, TENNESSEE.—Consistent with the re13 port of the Chief of Engineers dated March 24, 1948, on 

14 the West Tennessee Tributaries project— 

15 (1) Sandy Creek shall not be considered to be 

16 an authorized channel of the West Tennessee Tribu17 taries Project; and 

18 (2) the Sandy Creek flood damage reduction 

19 project shall not be considered to be part of the 

20 West Tennessee Tributaries Project. 

21 SEC. 3082 3087. CEDAR BAYOU, TEXAS. 

22 Section 349(a)(2) of the Water Resources Develop23 ment Act of 2000 (114 Stat. 2632) is amended by striking 

24 ‘‘except that the project is authorized only for construction 

25 of a navigation channel 12 feet deep by 125 feet wide’’ 
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1 and inserting ‘‘except that the project is authorized for 

2 construction of a navigation channel that is 10 feet deep 

3 by 100 feet wide’’. 

4 SEC. 3083 3088. FREEPORT HARBOR, TEXAS. 

5 (a) IN GENERAL.—The project for navigation, Free6 port Harbor, Texas, authorized by section 101 of the River 

7 and Harbor Act of 1970 (84 Stat. 1818), is modified to 

8 provide that— 

9 (1) all project costs incurred as a result of the 

10 discovery of the sunken vessel COMSTOCK of the 

11 Corps of Engineers are a Federal responsibility; and 

12 (2) the Secretary shall not seek further obliga13 tion or responsibility for removal of the vessel COM14 STOCK, or costs associated with a delay due to the 

15 discovery of the sunken vessel COMSTOCK, from 

16 the Port of Freeport. 

17 (b) COST SHARING.—This section does not affect the 

18 authorized cost sharing for the balance of the project de19 scribed in subsection (a). 

20 SEC. 3084 3089. HARRIS COUNTY, TEXAS. 

21 Section 575(b) of the Water Resources Development 

22 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amend23 ed— 

24 (1) in paragraph (3), by striking ‘‘and’’ at the 

25 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 3090. 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 3091. LAKE CHAMPLAIN EURASIAN MILFOIL, 

7 WATER CHESTNUT, AND OTHER NONNATIVE 

8 PLANT 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 3092. UPPER CONNECTICUT RIVER BASIN WET16 LAND RESTORATION, VERMONT AND NEW 

17 HAMPSHIRE. 

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 3093. UPPER CONNECTICUT RIVER BASIN ECO5 SYSTEM RESTORATION, VERMONT AND NEW 

6 HAMPSHIRE. 

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 3094. LAKE CHAMPLAIN WATERSHED, VERMONT 

19 AND 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 3095. CHESAPEAKE BAY OYSTER RESTORATION, 

16 VIRGINIA 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 3096. 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 3097. 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 3098. 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 3099. 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 3100. 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 3101. 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 3102. 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. 3103. GREEN BAY HARBOR PROJECT, GREEN BAY, WIS18 CONSIN. 

19 The portion of the inner harbor of the Federal naviga20 tion channel of the Green Bay Harbor project, authorized 

21 under the first section of the Act entitled ‘‘An Act making 

22 appropriations for the construction, repair, and preserva23 tion of certain public works on rivers and harbors, and for 

24 other purposes’’, approved July 5, 1884 (commonly known 

25 as the ‘‘River and Harbor Act of 1884’’) (23 Stat. 136, 
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1 chapter 229), from Station 190+00 to Station 378+00 is 

2 authorized to a width of 75 feet and a depth of 6 feet. 

3 SEC. 3098 3104. UNDERWOOD CREEK DIVERSION FACILITY 

4 PROJECT, MILWAUKEE COUNTY, WISCONSIN. 

5 Section 212(e) of the Water Resources Development 

6 Act of 1999 (33 U.S.C. 2332) is amended— 

7 (1) in paragraph (22), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (23), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(24) Underwood Creek Diversion Facility 

13 Project (County Grounds), Milwaukee County, Wis14 consin.’’. 

15 SEC. 3099 3105. MISSISSIPPI RIVER HEADWATERS RES16 ERVOIRS. 

17 Section 21 of the Water Resources Development Act 

18 of 1988 (102 Stat. 4027) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘1276.42’’ and inserting 

21 ‘‘1278.42’’; 

22 (B) by striking ‘‘1218.31’’ and inserting 

23 ‘‘1221.31’’; and 

24 (C) by striking ‘‘1234.82’’ and inserting 

25 ‘‘1235.30’’; and 
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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) EXCEPTION.— 

4 ‘‘(1) IN GENERAL.—The Secretary may operate 

5 the headwaters reservoirs below the minimum or 

6 above the maximum water levels established under 

7 subsection (a) in accordance with water control reg8 ulation manuals (or revisions to those manuals) de9 veloped by the Secretary, after consultation with the 

10 Governor of Minnesota and affected tribal govern11 ments, landowners, and commercial and recreational 

12 users. 

13 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The 

14 water control regulation manuals referred to in 

15 paragraph (1) (and any revisions to those manuals) 

16 shall be effective as of the date on which the Sec17 retary submits the manuals (or revisions) to Con18 gress. 

19 ‘‘(3) NOTIFICATION.— 

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

21 subparagraph (B), not less than 14 days before 

22 operating any headwaters reservoir below the 

23 minimum or above the maximum water level 

24 limits specified in subsection (a), the Secretary 
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1 shall submit to Congress a notice of intent to 

2 operate the headwaters reservoir. 

3 ‘‘(B) EXCEPTION.—Notice under subpara4 graph (A) shall not be required in any case in 

5 which— 

6 ‘‘(i) the operation of a headwaters res7 ervoir is necessary to prevent the loss of 

8 life or to ensure the safety of a dam; or 

9 ‘‘(ii) the drawdown of the water level 

10 of the reservoir is in anticipation of a flood 

11 control operation.’’. 

12 SEC. 3100 3106. LOWER MISSISSIPPI RIVER MUSEUM AND 

13 RIVERFRONT INTERPRETIVE SITE. 

14 Section 103(c)(2) of the Water Resources Develop15 ment Act of 1992 (106 Stat. 4811) is amended by striking 

16 ‘‘property currently held by the Resolution Trust Corpora17 tion in the vicinity of the Mississippi River Bridge’’ and 

18 inserting ‘‘riverfront property’’. 

19 SEC. 3101 3107. PILOT PROGRAM, MIDDLE MISSISSIPPI 

20 RIVER. 

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

22 navigation, Mississippi River between the Ohio and Mis23 souri Rivers (Regulating Works), Missouri and Illinois, 

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

25 chapter 382) (commonly known as the ‘‘River and Harbor 
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1 Act of 1910’’), the Act of January 1, 1927 (44 Stat. 1010, 

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

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

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

5 a pilot program to restore and protect fish and wildlife 

6 habitat in the middle Mississippi River. 

7 (b) AUTHORIZED ACTIVITIES.— 

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

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

10 conduct any activities that are necessary to improve 

11 navigation through the project referred to in sub12 section (a) while restoring and protecting fish and 

13 wildlife habitat in the middle Mississippi River sys14 tem. 

15 (2) INCLUSIONS.—Activities authorized under 

16 paragraph (1) shall include— 

17 (A) the modification of navigation training 

18 structures; 

19 (B) the modification and creation of side 

20 channels; 

21 (C) the modification and creation of is22 lands; 

23 (D) any studies and analysis necessary to 

24 develop adaptive management principles; and 
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1 (E) the acquisition from willing sellers of 

2 any land associated with a riparian corridor 

3 needed to carry out the goals of the pilot pro4 gram. 

5 (c) COST-SHARING REQUIREMENT.—The cost-shar6 ing requirement required under the Act of June 25, 1910 

7 (36 Stat. 631, chapter 382) (commonly known as the 

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

9 1927 (44 Stat. 1010, chapter 47) (commonly known as 

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

11 3, 1930 (46 Stat. 918), for the project referred to in sub12 section (a) shall apply to any activities carried out under 

13 this section. 

14 SEC. 3102 3108. UPPER MISSISSIPPI RIVER SYSTEM ENVI15 RONMENTAL MANAGEMENT PROGRAM. 

16 Notwithstanding section 221 of the Flood Control 

17 Act of 1970 (42 U.S.C. 1962d–5b), for any Upper Mis18 sissippi River fish and wildlife habitat rehabilitation and 

19 enhancement project carried out under section 1103(e) of 

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

21 652(e)), with the consent of the affected local government, 

22 a nongovernmental organization may be considered to be 

23 a non-Federal interest. 
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1 SEC. 3109. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION PROGRAM. 

3 (a) GREAT LAKES FISHERY AND ECOSYSTEM RES4 TORATION.—Section 506(c) of the Water Resources Develop5 ment Act of 2000 (42 U.S.C. 1962d–22(c)) is amended— 

6 (1) by redesignating paragraphs (2) and (3) as 

7 paragraphs (3) and (4), respectively; 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) RECONNAISSANCE STUDIES.—Before plan11 ning, designing, or constructing a project under para12 graph (3), the Secretary shall carry out a reconnais13 sance study— 

14 ‘‘(A) to identify methods of restoring the 

15 fishery, ecosystem, and beneficial uses of the 

16 Great Lakes; and 

17 ‘‘(B) to determine whether planning of a 

18 project under paragraph (3) should proceed.’’; 

19 and 

20 (3) in paragraph (4)(A) (as redesignated by 

21 paragraph (1)), by striking ‘‘paragraph (2)’’ and in22 serting ‘‘paragraph (3)’’. 

23 (b) COST SHARING.—Section 506(f) of the Water Re24 sources Development Act of 2000 (42 U.S.C. 1962d–22(f)) 

25 is amended— 
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1 (1) by redesignating paragraphs (2) through (5) 

2 as paragraphs (3) through (6), respectively; 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) RECONNAISSANCE STUDIES.—Any recon6 naissance study under subsection (c)(2) shall be car7 ried out at full Federal expense.’’; 

8 (3) in paragraph (3) (as redesignated by para9 graph (1)), by striking ‘‘(2) or (3)’’ and inserting 

10 ‘‘(3) or (4)’’; and 

11 (4) in paragraph (4)(A) (as redesignated by 

12 paragraph (1)), by striking ‘‘subsection (c)(2)’’ and 

13 inserting ‘‘subsection (c)(3)’’. 

14 SEC. 3110. GREAT LAKES REMEDIAL ACTION PLANS AND 

15 SEDIMENT REMEDIATION. 

16 Section 401(c) of the Water Resources Development Act 

17 of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended 

18 by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’. 

19 SEC. 3111. GREAT LAKES TRIBUTARY MODELS. 

20 Section 516(g)(2) of the Water Resources Development 

21 Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking 

22 ‘‘through 2006’’ and inserting ‘‘through 2011’’. 
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1 TITLE IV—STUDIES 

2 SEC. 4001. EURASIAN MILFOIL. 

3 Under the authority of section 104 of the River and 

4 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall 

5 carry out a study, at full Federal expense, to develop na6 tional protocols for the use of the Euhrychiopsis lecontei 

7 weevil for biological control of Eurasian milfoil in the lakes 

8 of Vermont and other northern tier States. 

9 SEC. 4002. NATIONAL PORT STUDY. 

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

11 with the Secretary of Transportation, shall conduct a 

12 study of the ability of coastal or deepwater port infrastruc13 ture to meet current and projected national economic 

14 needs. 

15 (b) COMPONENTS.—In conducting the study, the Sec16 retary shall— 

17 (1) consider— 

18 (A) the availability of alternate transpor19 tation destinations and modes; 

20 (B) the impact of larger cargo vessels on 

21 existing port capacity; and 

22 (C) practicable, cost-effective congestion 

23 management alternatives; and 
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1 (2) give particular consideration to the benefits 

2 and proximity of proposed and existing port, harbor, 

3 waterway, and other transportation infrastructure. 

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

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

6 the Committee on Environment and Public Works of the 

7 Senate and the Committee on Transportation and Infra8 structure of the House of Representatives a report that 

9 describes the results of the study. 

10 SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA11 TION CHANNEL. 

12 (a) IN GENERAL.—To determine with improved accu13 racy the environmental impacts of the project on the 

14 McClellan-Kerr Arkansas River Navigation Channel (re15 ferred to in this section as the ‘‘MKARN’’), the Secretary 

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

17 and (c) subsection (b) in a timely manner. 

18 (b) NATIONAL ENVIRONMENTAL POLICY ACT ANAL19 YSIS.—In carrying out the responsibility of the Secretary 

20 under the National Environmental Policy Act of 1969 (42 

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

22 shall include consideration of— 

23 (1) the environmental impacts associated with 

24 transporting an equivalent quantity of goods on Fed25 eral, State, and county roads and such other alter-
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1 native modes of transportation and alternative des2 tinations as are estimated to be transported on the 

3 MKARN; 

4 (2) the impacts associated with air quality; 

5 (3) other human health and safety information 

6 (including premature deaths averted); and 

7 (4) the environmental and economic costs asso8 ciated with the dredging of any site on the MKARN, 

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

10 MKARN were authorized to a 9-foot depth. 

11 (c) (b) SPECIES STUDY.— 

12 (1) IN GENERAL.—The Secretary, in conjunc13 tion with Oklahoma State University, shall convene 

14 a panel of experts with acknowledged expertise in 

15 wildlife biology and genetics to review the available 

16 scientific information regarding the genetic variation 

17 of various sturgeon species and possible hybrids of 

18 those species that, as determined by the United 

19 States Fish and Wildlife Service, may exist in any 

20 portion of the MKARN. 

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

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

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

24 the best scientific judgment of the panel— 
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1 (A) the level of genetic variation between 

2 populations of sturgeon sufficient to determine 

3 or establish that a population is a measurably 

4 distinct species, subspecies, or population seg5 ment; and 

6 (B) whether any pallid sturgeons that may 

7 be found in the MKARN (including any tribu8 tary of the MKARN) would qualify as such a 

9 distinct species, subspecies, or population seg10 ment. 

11 SEC. 4004. SELENIUM STUDY, COLORADO. 

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

13 with State water quality and resource and conservation 

14 agencies, shall conduct regional and watershed-wide stud15 ies to address selenium concentrations in the State of Col16 orado, including studies— 

17 (1) to measure selenium on specific sites; and 

18 (2) to determine whether specific selenium 

19 measures studied should be recommended for use in 

20 demonstration projects. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $5,000,000. 
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1 SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA. 

2 The Secretary shall carry out a study for bank sta3 bilization and shore protection for Nicholas Canyon, Los 

4 Angeles, California, under section 3 of the Act of August 

5 13, 1946 (33 U.S.C. 426g). 

6 SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL 

7 STUDY. 

8 Section 414 of the Water Resources Development Act 

9 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 

10 months’’ and inserting ‘‘44 months’’. 

11 SEC. 4007. COMPREHENSIVE FLOOD PROTECTION 

12 PROJECT, ST. HELENA, CALIFORNIA. 

13 (a) IN GENERAL.—The Secretary shall review the 

14 project for flood control and environmental restoration at 

15 St. Helena, California, generally in accordance with En16 hanced Minimum Plan A, as described in the Final Envi17 ronmental Impact Report prepared by the city of St. Hel18 ena, California, and certified by the city to be in compli19 ance with the California Environmental Quality Act on 

20 February 24, 2004. 

21 (b) COST SHARING.—Cost sharing for the project de22 scribed in subsection (a) shall be in accordance with sec23 tion 103 of the Water Resources Development Act of 1986 

24 (33 U.S.C. 2213). 
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1 SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA2 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA. 

3 The Secretary shall carry out a study of the feasi4 bility of a project to use Sherman Island, California, as 

5 a dredged material rehandling facility for the beneficial 

6 use of dredged material to enhance the environment and 

7 meet other water resource needs on the Sacramento-San 

8 Joaquin Delta, California, under section 204 of the Water 

9 Resources Development Act of 1992 (33 U.S.C. 2326). 

10 SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

11 CALIFORNIA. 

12 In carrying out the feasibility phase of the South San 

13 Francisco Bay shoreline study, the Secretary shall use 

14 planning and design documents prepared by the California 

15 State Coastal Conservancy, the Santa Clara Valley Water 

16 District, and other local interests, in cooperation with the 

17 Corps of Engineers (who shall provide technical assistance 

18 to the local interests), as the basis for recommendations 

19 to Congress for authorization of a project to provide for 

20 flood protection of the South San Francisco Bay shoreline 

21 and restoration of the South San Francisco Bay salt 

22 ponds. 

23 SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION, 

24 CALIFORNIA. 

25 (a) IN GENERAL.—The Secretary shall complete 

26 work as expeditiously as practicable on the San Pablo wa-
239 

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1 tershed, California, study authorized under section 209 of 

2 the Flood Control Act of 1962 (76 Stat. 1196) to deter3 mine the feasibility of opportunities for restoring, pre4 serving, and protecting the San Pablo Bay Watershed. 

5 (b) REPORT.—Not later than March 31, 2008, the 

6 Secretary shall submit to Congress a report that describes 

7 the results of the study. 

8 SEC. 4011. BUBBLY CREEK, SOUTH FORK OF SOUTH 

9 BRANCH, CHICAGO RIVER, ILLINOIS. 

10 The Secretary shall conduct a study of the feasibility 

11 of carrying out ecosystem restoration and any other related 

12 activity along the South Fork of the South Branch of the 

13 Chicago River, Illinois (commonly known as ‘‘Bubbly 

14 Creek’’). 

15 SEC. 4012. GRAND AND TIGER PASSES AND BAPTISTE 

16 COLLETTE BAYOU, LOUISIANA. 

17 The Secretary shall conduct a study of the feasibility 

18 of modifying the project in existence on the date of enact19 ment of this Act for enlargement of the navigation channels 

20 in the Grand and Tiger Passes and Baptiste Collette Bayou, 

21 Louisiana. 

22 SEC. 4011 4013. LAKE ERIE AT LUNA PIER, MICHIGAN. 

23 The Secretary shall study the feasibility of storm 

24 damage reduction and beach erosion protection and other 

25 related purposes along Lake Erie at Luna Pier, Michigan. 
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1 SEC. 4012 4014. MIDDLE BASS ISLAND STATE PARK, MIDDLE 

2 BASS ISLAND, OHIO. 

3 The Secretary shall carry out a study of the feasi4 bility of a project for navigation improvements, shoreline 

5 protection, and other related purposes, including the reha6 bilitation the harbor basin (including entrance break7 waters), interior shoreline protection, dredging, and the 

8 development of a public launch ramp facility, for Middle 

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

10 SEC. 4013 4015. JASPER COUNTY PORT FACILITY STUDY, 

11 SOUTH CAROLINA. 

12 (a) IN GENERAL.—The Secretary may determine the 

13 feasibility of providing improvements to the Savannah 

14 River for navigation and related purposes that may be nec15 essary to support the location of container cargo and other 

16 port facilities to be located in Jasper County, South Caro17 lina, near the vicinity of mile 6 of the Savannah Harbor 

18 Entrance Channel. 

19 (b) CONSIDERATION.—In making a determination 

20 under subsection (a), the Secretary shall take into consid21 eration— 

22 (1) landside infrastructure; 

23 (2) the provision of any additional dredged ma24 terial disposal area for maintenance of the ongoing 

25 Savannah Harbor Navigation project; and 
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1 (3) the results of a consultation with the Gov2 ernor of the State of California Georgia and the 

3 Governor of the State of South Carolina. 

4 SEC. 4014 4016. LAKE CHAMPLAIN CANAL STUDY, VERMONT 

5 AND NEW YORK. 

6 (a) DISPERSAL BARRIER PROJECT.—The Secretary 

7 shall determine, at full Federal expense, the feasibility of 

8 a dispersal barrier project at the Lake Champlain Canal. 

9 (b) CONSTRUCTION, MAINTENANCE, AND OPER10 ATION.—If the Secretary determines that the project de11 scribed in subsection (a) is feasible, the Secretary shall 

12 construct, maintain, and operate a dispersal barrier at the 

13 Lake Champlain Canal at full Federal expense. 

14 TITLE V—MISCELLANEOUS 

15 PROVISIONS 

16 SEC. 5001. LAKES PROGRAM. 

17 Section 602(a) of the Water Resources Development 

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

19 295) is amended— 

20 (1) in paragraph (18), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (19), by striking the period at 

23 the end and inserting a semicolon; and 

24 (3) by adding at the end the following: 
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1 ‘‘(20) Kinkaid Lake, Jackson County, Illinois, 

2 removal of silt and aquatic growth and measures to 

3 address excessive sedimentation; 

4 ‘‘(21) Lake Sakakawea, North Dakota, removal 

5 of silt and aquatic growth and measures to address 

6 excessive sedimentation; 

7 ‘‘(22) Lake Morley, Vermont, removal of silt 

8 and aquatic growth and measures to address exces9 sive sedimentation; 

10 ‘‘(23) Lake Fairlee, Vermont, removal of silt 

11 and aquatic growth and measures to address exces12 sive sedimentation; and 

13 ‘‘(24) Lake Rodgers, Creedmoor, North Caro14 lina, removal of silt and excessive nutrients and res15 toration of structural integrity.’’. 

16 SEC. 5002. ESTUARY RESTORATION. 

17 (a) PURPOSES.—Section 102 of the Estuary Restora18 tion Act of 2000 (33 U.S.C. 2901) is amended— 

19 (1) in paragraph (1), by inserting before the 

20 semicolon the following: ‘‘by implementing a coordi21 nated Federal approach to estuary habitat restora22 tion activities, including the use of common moni23 toring standards and a common system for tracking 

24 restoration acreage’’; 
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1 (2) in paragraph (2), by inserting ‘‘and imple2 ment’’ after ‘‘to develop’’; and 

3 (3) in paragraph (3), by inserting ‘‘through co4 operative agreements’’ after ‘‘restoration projects’’. 

5 (b) DEFINITION OF ESTUARY HABITAT RESTORA6 TION PLAN.—Section 103(6)(A) of the Estuary Restora7 tion Act of 2000 (33 U.S.C. 2902(6)(A)) is amended by 

8 striking ‘‘Federal or State’’ and inserting ‘‘Federal, State, 

9 or regional’’. 

10 (c) ESTUARY HABITAT RESTORATION PROGRAM.— 

11 Section 104 of the Estuary Restoration Act of 2000 (33 

12 U.S.C. 2903) is amended— 

13 (1) in subsection (a), by inserting ‘‘through the 

14 award of contracts and cooperative agreements’’ 

15 after ‘‘assistance’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (3)(A), by inserting ‘‘or 

18 State’’ after ‘‘Federal’’; and 

19 (B) in paragraph (4)(B), by inserting ‘‘or 

20 approach’’ after ‘‘technology’’; 

21 (3) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘Except’’ and inserting 

24 the following: 

25 ‘‘(i) IN GENERAL.—Except’’; and 
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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(ii) MONITORING.— 

4 ‘‘(I) COSTS.—The costs of moni5 toring an estuary habitat restoration 

6 project funded under this title may be 

7 included in the total cost of the estu8 ary habitat restoration project. 

9 ‘‘(II) GOALS.—The goals of the 

10 monitoring are— 

11 ‘‘(aa) to measure the effec12 tiveness of the restoration 

13 project; and 

14 ‘‘(bb) to allow adaptive man15 agement to ensure project suc16 cess.’’; 

17 (B) in paragraph (2), by inserting ‘‘or ap18 proach’’ after ‘‘technology’’; and 

19 (C) in paragraph (3), by inserting ‘‘(in20 cluding monitoring)’’ after ‘‘services’’; 

21 (4) in subsection (f)(1)(B), by inserting ‘‘long22 term’’ before ‘‘maintenance’’; and 

23 (5) in subsection (g)— 

24 (A) by striking ‘‘In carrying’’ and inserting 

25 the following: 
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1 ‘‘(1) IN GENERAL.—In carrying’’; and 

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

3 ‘‘(2) SMALL PROJECTS.— 

4 ‘‘(A) DEFINITION.—Small projects carried 

5 out under this Act shall have a Federal share 

6 of less than $1,000,000. 

7 ‘‘(B) DELEGATION OF PROJECT IMPLE8 MENTATION.—In carrying out this section, the 

9 Secretary, on recommendation of the Council, 

10 shall consider delegating implementation of the 

11 small project to— 

12 ‘‘(i) the Secretary of the Interior (act13 ing through the Director of the United 

14 States Fish and Wildlife Service); 

15 ‘‘(ii) the Under Secretary for Oceans 

16 and Atmosphere of the Department of 

17 Commerce; 

18 ‘‘(iii) the Administrator of the Envi19 ronmental Protection Agency; or 

20 ‘‘(iv) the Secretary of Agriculture. 

21 ‘‘(C) FUNDING.—Small projects delegated 

22 to another Federal department or agency may 

23 be funded from the responsible department or 

24 appropriations of the agency authorized by sec25 tion 109(a)(1). 
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1 ‘‘(D) AGREEMENTS.—The Federal depart2 ment or agency to which a small project is dele3 gated shall enter into an agreement with the 

4 non-Federal interest generally in conformance 

5 with the criteria in sections 104(d) and 104(e). 

6 Cooperative agreements may be used for any 

7 delegated project.’’. 

8 (d) ESTABLISHMENT OF ESTUARY HABITAT RES9 TORATION COUNCIL.—Section 105(b) of the Estuary Res10 toration Act of 2000 (33 U.S.C. 2904(b)) is amended— 

11 (1) in paragraph (4), by striking ‘‘and’’ after 

12 the semicolon; 

13 (2) in paragraph (5), by striking the period at 

14 the end and inserting a semicolon; and 

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

16 ‘‘(6) cooperating in the implementation of the 

17 strategy developed under section 106; 

18 ‘‘(7) recommending standards for monitoring 

19 for restoration projects and contribution of project 

20 information to the database developed under section 

21 107; and 

22 ‘‘(8) otherwise using the respective agency au23 thorities of the Council members to carry out this 

24 title.’’. 
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1 (e) MONITORING OF ESTUARY HABITAT RESTORA2 TION PROJECTS.—Section 107(d) of the Estuary Restora3 tion Act of 2000 (33 U.S.C. 2906(d)) is amended by strik4 ing ‘‘compile’’ and inserting ‘‘have general data compila5 tion, coordination, and analysis responsibilities to carry 

6 out this title and in support of the strategy developed 

7 under section 107, including compilation of’’. 

8 (f) REPORTING.—Section 108(a) of the Estuary Res9 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by 

10 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and 

11 tenth’’. 

12 (g) FUNDING.—Section 109(a) of the Estuary Res13 toration Act of 2000 (33 U.S.C. 2908(a)) is amended— 

14 (1) in paragraph (1), by striking subparagraphs 

15 (A) through (D) and inserting the following: 

16 ‘‘(A) to the Secretary, $25,000,000 for 

17 each of fiscal years 2006 through 2010; 

18 ‘‘(B) to the Secretary of the Interior (act19 ing through the Director of the United States 

20 Fish and Wildlife Service), $2,500,000 for each 

21 of fiscal years 2006 through 2010; 

22 ‘‘(C) to the Under Secretary for Oceans 

23 and Atmosphere of the Department of Com24 merce, $2,500,000 for each of fiscal years 2006 

25 through 2010; 
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1 ‘‘(D) to the Administrator of the Environ2 mental Protection Agency, $2,500,000 for each 

3 of fiscal years 2006 through 2010; and 

4 ‘‘(E) to the Secretary of Agriculture, 

5 $2,500,000 for each of fiscal years 2006 

6 through 2010.’’; and 

7 (2) in the first sentence of paragraph (2)— 

8 (A) by inserting ‘‘and other information 

9 compiled under section 107’’ after ‘‘this title’’; 

10 and 

11 (B) by striking ‘‘2005’’ and inserting 

12 ‘‘2010’’. 

13 (h) GENERAL PROVISIONS.—Section 110 of the Es14 tuary Restoration Act of 2000 (33 U.S.C. 2909) is amend15 ed— 

16 (1) in subsection (b)(1)— 

17 (A) by inserting ‘‘or contracts’’ after 

18 ‘‘agreements’’; and 

19 (B) by inserting ‘‘, nongovernmental orga20 nizations,’’ after ‘‘agencies’’; and 

21 (2) by striking subsections (d) and (e). 

22 SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELA23 WARE AND MARYLAND. 

24 (a) ASSISTANCE.—The Secretary may provide tech25 nical assistance to the Secretary of Agriculture for use in 
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1 carrying out the Conservation Corridor Demonstration 

2 Program established under subtitle G of title II of the 

3 Farm Security and Rural Investment Act of 2002 (16 

4 U.S.C. 3801 note; 116 Stat. 275). 

5 (b) COORDINATION AND INTEGRATION.—In carrying 

6 out water resources projects in the States on the Delmarva 

7 Peninsula, the Secretary shall coordinate and integrate 

8 those projects, to the maximum extent practicable, with 

9 any activities carried out to implement a conservation cor10 ridor plan approved by the Secretary of Agriculture under 

11 section 2602 of the Farm Security and Rural Investment 

12 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 

13 SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC 

14 RIVER BASINS, DELAWARE, MARYLAND, 

15 PENNSYLVANIA, AND VIRGINIA. 

16 (a) EX OFFICIO MEMBER.—Notwithstanding section 

17 3001(a) of the 1997 Emergency Supplemental Appropria18 tions Act for Recovery From Natural Disasters, and for 

19 Overseas Peacekeeping Efforts, Including Those in Bosnia 

20 (111 Stat. 176) and sections 2.2 of the Susquehanna 

21 River Basin Compact (Public Law 91–575) and the Dela22 ware River Basin Compact (Public Law 87–328), begin23 ning in fiscal year 2002, and each fiscal year thereafter, 

24 the Division Engineer, North Atlantic Division, Corps of 

25 Engineers— 
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1 (1) shall be the ex officio United States member 

2 under the Susquehanna River Basin Compact, the 

3 Delaware River Basin Compact, and the Potomac 

4 River Basin Compact; 

5 (2) shall serve without additional compensation; 

6 and 

7 (3) may designate an alternate member in ac8 cordance with the terms of those compacts. 

9 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

10 shall allocate funds to the Susquehanna River Basin Com11 mission, Delaware River Basin Commission, and the 

12 Interstate Commission on the Potomac River Basin (Poto13 mac River Basin Compact (Public Law 91–407)) to fulfill 

14 the equitable funding requirements of the respective inter15 state compacts. 

16 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

17 DELAWARE RIVER BASIN.— 

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

19 into an agreement with the Delaware River Basin 

20 Commission to provide temporary water supply and 

21 conservation storage at the Francis E. Walter Dam, 

22 Pennsylvania, for any period during which the Com23 mission has determined that a drought warning or 

24 drought emergency exists. 
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1 (2) LIMITATION.—The agreement shall provide 

2 that the cost for water supply and conservation stor3 age under paragraph (1) shall not exceed the incre4 mental operating costs associated with providing the 

5 storage. 

6 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

7 SUSQUEHANNA RIVER BASIN.— 

8 (1) IN GENERAL.—The Secretary shall enter 

9 into an agreement with the Susquehanna River 

10 Basin Commission to provide temporary water sup11 ply and conservation storage at Federal facilities op12 erated by the Corps of Engineers in the Susque13 hanna River Basin, during any period in which the 

14 Commission has determined that a drought warning 

15 or drought emergency exists. 

16 (2) LIMITATION.—The agreement shall provide 

17 that the cost for water supply and conservation stor18 age under paragraph (1) shall not exceed the incre19 mental operating costs associated with providing the 

20 storage. 

21 (e) WATER SUPPLY AND CONSERVATION STORAGE, 

22 POTOMAC RIVER BASIN.— 

23 (1) IN GENERAL.—The Secretary shall enter 

24 into an agreement with the Potomac River Basin 

25 Commission to provide temporary water supply and 
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1 conservation storage at Federal facilities operated by 

2 the Corps of Engineers in the Potomac River Basin 

3 for any period during which the Commission has de4 termined that a drought warning or drought emer5 gency exists. 

6 (2) LIMITATION.—The agreement shall provide 

7 that the cost for water supply and conservation stor8 age under paragraph (1) shall not exceed the incre9 mental operating costs associated with providing the 

10 storage. 

11 SEC. 5005. CHICAGO SANITARY AND SHIP CANAL DIS12 PERSAL BARRIERS PROJECT, ILLINOIS. 

13 (a) EXISTING BARRIER.—The Secretary shall up14 grade and make permanent, at full Federal expense, the 

15 existing Chicago Sanitary and Ship Canal Dispersal Bar16 rier Chicago, Illinois, constructed as a demonstration 

17 project under section 1202(i)(3) of the Nonindigenous 

18 Aquatic Nuisance Prevention and Control Act of 1990 (16 

19 U.S.C. 4722(i)(3)). 

20 (b) NEW BARRIER.—Notwithstanding the project co21 operation agreement dated November 21, 2003, with the 

22 State of Illinois, the Secretary shall construct, at full Fed23 eral expense, the Chicago Sanitary and Ship Canal Dis24 persal Barrier currently being implemented under section 
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1 1135 of the Water Resources Development Act of 1986 

2 (33 U.S.C. 2309a). 

3 (c) OPERATION AND MAINTENANCE.—The Chicago 

4 Sanitary and Ship Canal Dispersal Barriers described in 

5 subsections (a) and (b) shall be operated and maintained, 

6 at full Federal expense, as a system in a manner to opti7 mize effectiveness. 

8 (d) CREDIT.— 

9 (1) IN GENERAL.—The Secretary shall credit to 

10 each State the proportion of funds that the State 

11 contributed to the authorized dispersal barriers. 

12 (2) USE.—A State may apply the credit to ex13 isting or future projects of the Corps of Engineers. 

14 SEC. 5006. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

15 PROGRAM, NEW MEXICO. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Rio Grande Environmental Management Act of 2004’’. 

18 (b) DEFINITIONS.—In this section: 

19 (1) RIO GRANDE COMPACT.—The term ‘‘Rio 

20 Grande Compact’’ means the compact approved by 

21 Congress under the Act of May 31, 1939 (53 Stat. 

22 785, chapter 155), and ratified by the States of Col23 orado, New Mexico, and Texas. 

24 (2) RIO GRANDE SYSTEM.—The term ‘‘Rio 

25 Grande system’’ means the headwaters of the Rio 
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1 Chama River and the Rio Grande River (including 

2 all tributaries of the Rivers), from the border be3 tween the States of Colorado and New Mexico down4 stream to the border between the States of New 

5 Mexico and Texas. 

6 (3) STATE.—The term ‘‘State’’ means the State 

7 of New Mexico. 

8 (c) PROGRAM AUTHORITY.— 

9 (1) IN GENERAL.—The Secretary shall carry 

10 out, in the Rio Grande system— 

11 (A) a program for the planning, construc12 tion, and evaluation of measures for fish and 

13 wildlife habitat rehabilitation and enhancement; 

14 and 

15 (B) implementation of a long-term moni16 toring, computerized data inventory and anal17 ysis, applied research, and adaptive manage18 ment program. 

19 (2) REPORTS.—Not later than December 31, 

20 2008, and not later than December 31 of every sixth 

21 year thereafter, the Secretary, in consultation with 

22 the Secretary of the Interior and the State, shall 

23 submit to Congress a report that— 

24 (A) contains an evaluation of the programs 

25 described in paragraph (1); 
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1 (B) describes the accomplishments of each 

2 of the programs; 

3 (C) provides updates of a systemic habitat 

4 needs assessment; and 

5 (D) identifies any needed adjustments in 

6 the authorization of the programs. 

7 (d) STATE AND LOCAL CONSULTATION AND COOPER8 ATIVE EFFORT.—For the purpose of ensuring the coordi9 nated planning and implementation of the programs au10 thorized under subsection (c), the Secretary shall— 

11 (1) consult with the State and other appro12 priate entities in the State the rights and interests 

13 of which might be affected by specific program ac14 tivities; and 

15 (2) enter into an interagency agreement with 

16 the Secretary of the Interior to provide for the direct 

17 participation of, and transfer of funds to, the United 

18 States Fish and Wildlife Service and any other agen19 cy or bureau of the Department of the Interior for 

20 the planning, design, implementation, and evaluation 

21 of those programs. 

22 (e) COST SHARING.— 

23 (1) IN GENERAL.—The non-Federal share of 

24 the cost of a project carried out under subsection 

25 (c)(1)(A)— 
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1 (A) shall be 35 percent; 

2 (B) may be provided through in-kind serv3 ices or direct cash contributions; and 

4 (C) shall include provision of necessary 

5 land, easements, relocations, and disposal sites. 

6 (3) (2) OPERATION AND MAINTENANCE.—The 

7 costs of operation and maintenance of a project lo8 cated on Federal land, or land owned or operated by 

9 a State or local government, shall be borne by the 

10 Federal, State, or local agency that has jurisdiction 

11 over fish and wildlife activities on the land. 

12 (f) NONPROFIT ENTITIES.—Notwithstanding section 

13 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

14 5b), with the consent of the affected local government, a 

15 nonprofit entity may be included as a non-Federal interest 

16 for any project carried out under subsection (c)(1)(A). 

17 (g) EFFECT ON OTHER LAW.— 

18 (1) WATER LAW.—Nothing in this section pre19 empts any State water law. 

20 (2) COMPACTS AND DECREES.—In carrying out 

21 this section, the Secretary shall comply with the Rio 

22 Grande Compact, and any applicable court decrees 

23 or Federal and State laws, affecting water or water 

24 rights in the Rio Grande system. 
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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry 

3 out this section $25,000,000 for fiscal year 2005 and each 

4 subsequent fiscal year. 

5 SEC. 5007. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

6 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

7 HABITAT RESTORATION, SOUTH DAKOTA. 

8 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

9 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

10 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES11 TRIAL WILDLIFE HABITAT RESTORATION TRUST

12 FUNDS.—Section 602(a)(4) of the Water Resources De13 velopment Act of 1999 (113 Stat. 386) is amended— 

14 (1) in subparagraph (A)— 

15 (A) in clause (i), by inserting ‘‘and the 

16 Secretary of the Treasury’’ after ‘‘Secretary’’; 

17 and 

18 (B) by striking clause (ii) and inserting the 

19 following: 

20 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

21 notification in accordance with clause (i), 

22 the Secretary of the Treasury shall make 

23 available to the State of South Dakota 

24 funds from the State of South Dakota Ter25 restrial Wildlife Habitat Restoration Trust 
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1 Fund established under section 603, to be 

2 used to carry out the plan for terrestrial 

3 wildlife habitat restoration submitted by 

4 the State of South Dakota after the State 

5 certifies to the Secretary of the Treasury 

6 that the funds to be disbursed will be used 

7 in accordance with section 603(d)(3) and 

8 only after the Trust Fund is fully capital9 ized.’’; and 

10 (2) in subparagraph (B), by striking clause (ii) 

11 and inserting the following: 

12 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

13 notification in accordance with clause (i), 

14 the Secretary of the Treasury shall make 

15 available to the Cheyenne River Sioux 

16 Tribe and the Lower Brule Sioux Tribe 

17 funds from the Cheyenne River Sioux Ter18 restrial Wildlife Habitat Restoration Trust 

19 Fund and the Lower Brule Sioux Terres20 trial Wildlife Habitat Restoration Trust 

21 Fund, respectively, established under sec22 tion 604, to be used to carry out the plans 

23 for terrestrial wildlife habitat restoration 

24 submitted by the Cheyenne River Sioux 

25 Tribe and the Lower Brule Sioux Tribe, 
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1 respectively, after the respective tribe cer2 tifies to the Secretary of the Treasury that 

3 the funds to be disbursed will be used in 

4 accordance with section 604(d)(3) and only 

5 after the Trust Fund is fully capitalized.’’. 

6 (b) INVESTMENT PROVISIONS OF THE STATE OF

7 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

8 TRUST FUND.—Section 603 of the Water Resources De9 velopment Act of 1999 (113 Stat. 388) is amended— 

10 (1) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) INVESTMENTS.— 

13 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith14 standing any other provision of law, the Secretary of 

15 the Treasury shall invest the amounts deposited 

16 under subsection (b) and the interest earned on 

17 those amounts only in interest-bearing obligations of 

18 the United States issued directly to the Fund. 

19 ‘‘(2) INVESTMENT REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary of the 

21 Treasury shall invest the Fund in accordance 

22 with all of the requirements of this paragraph. 

23 ‘‘(B) SEPARATE INVESTMENTS OF PRIN24 CIPAL AND INTEREST.— 
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1 ‘‘(i) PRINCIPAL ACCOUNT.—The 

2 amounts deposited in the Fund under sub3 section (b) shall be credited to an account 

4 within the Fund (referred to in this para5 graph as the ‘principal account’) and in6 vested as provided in subparagraph (C). 

7 ‘‘(ii) INTEREST ACCOUNT.—The inter8 est earned from investing amounts in the 

9 principal account of the Fund shall be 

10 transferred to a separate account within 

11 the Fund (referred to in this paragraph as 

12 the ‘interest account’) and invested as pro13 vided in subparagraph (D). 

14 ‘‘(iii) CREDITING.—The interest 

15 earned from investing amounts in the in16 terest account of the Fund shall be cred17 ited to the interest account. 

18 ‘‘(C) INVESTMENT OF PRINCIPAL AC19 COUNT.— 

20 ‘‘(i) INITIAL INVESTMENT.—Each 

21 amount deposited in the principal account 

22 of the Fund shall be invested initially in el23 igible obligations having the shortest matu24 rity then available until the date on which 

25 the amount is divided into 3 substantially 
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1 equal portions and those portions are in2 vested in eligible obligations that are iden3 tical (except for transferability) to the 

4 next-issued publicly issued Treasury obli5 gations having a 2-year maturity, a 5-year 

6 maturity, and a 10-year maturity, respec7 tively. 

8 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

9 each 2-year, 5-year, and 10-year eligible 

10 obligation matures, the principal of the 

11 maturing eligible obligation shall also be 

12 invested initially in the shortest-maturity 

13 eligible obligation then available until the 

14 principal is reinvested substantially equally 

15 in the eligible obligations that are identical 

16 (except for transferability) to the next17 issued publicly issued Treasury obligations 

18 having 2-year, 5-year, and 10-year matu19 rities. 

20 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

21 OF OBLIGATIONS.—If the Department of 

22 the Treasury discontinues issuing to the 

23 public obligations having 2-year, 5-year, or 

24 10-year maturities, the principal of any 

25 maturing eligible obligation shall be rein-
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1 vested substantially equally in eligible obli2 gations that are identical (except for trans3 ferability) to the next-issued publicly 

4 issued Treasury obligations of the matu5 rities longer than 1 year then available. 

6 ‘‘(D) INVESTMENT OF INTEREST AC7 COUNT.— 

8 ‘‘(i) BEFORE FULL CAPITALIZA9 TION.—Until the date on which the Fund 

10 is fully capitalized, amounts in the interest 

11 account of the Fund shall be invested in el12 igible obligations that are identical (except 

13 for transferability) to publicly issued 

14 Treasury obligations that have maturities 

15 that coincide, to the maximum extent prac16 ticable, with the date on which the Fund 

17 is expected to be fully capitalized. 

18 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

19 On and after the date on which the Fund 

20 is fully capitalized, amounts in the interest 

21 account of the Fund shall be invested and 

22 reinvested in eligible obligations having the 

23 shortest maturity then available until the 

24 amounts are withdrawn and transferred to 
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1 fund the activities authorized under sub2 section (d)(3). 

3 ‘‘(E) PAR PURCHASE PRICE.—The price to 

4 be paid for eligible obligations purchased as in5 vestments of the principal account shall not ex6 ceed the par value of the obligations so that the 

7 amount of the principal account shall be pre8 served in perpetuity. 

9 ‘‘(F) HIGHEST YIELD.—Among eligible ob10 ligations having the same maturity and pur11 chase price, the obligation to be purchased shall 

12 be the obligation having the highest yield. 

13 ‘‘(G) HOLDING TO MATURITY.—Eligible 

14 obligations purchased shall generally be held to 

15 their maturities. 

16 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI17 TIES.—Not less frequently than once each calendar 

18 year, the Secretary of the Treasury shall review with 

19 the State of South Dakota the results of the invest20 ment activities and financial status of the Fund dur21 ing the preceding 12-month period.’’; 

22 (2) in subsection (d)(2), by inserting ‘‘of the 

23 Treasury’’ after Secretary’’; and 

24 (3) by striking subsection (f) and inserting the 

25 following: 
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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 

5 the Fund and auditing the uses of amounts withdrawn 

6 from the Fund— 

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 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

12 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

13 TRUST FUNDS.—Section 604 of the Water Resources De14 velopment Act of 1999 (113 Stat. 389) is amended— 

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

16 following: 

17 ‘‘(c) INVESTMENTS.— 

18 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith19 standing any other provision of law, the Secretary of 

20 the Treasury shall invest the amounts deposited 

21 under subsection (b) and the interest earned on 

22 those amounts only in interest-bearing obligations of 

23 the United States issued directly to the Funds. 

24 ‘‘(2) INVESTMENT REQUIREMENTS.— 
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1 ‘‘(A) IN GENERAL.—The Secretary of the 

2 Treasury shall invest each of the Funds in ac3 cordance with all of the requirements of this 

4 paragraph. 

5 ‘‘(B) SEPARATE INVESTMENTS OF PRIN6 CIPAL AND INTEREST.— 

7 ‘‘(i) PRINCIPAL ACCOUNT.—The 

8 amounts deposited in each Fund under 

9 subsection (b) shall be credited to an ac10 count within the Fund (referred to in this 

11 paragraph as the ‘principal account’) and 

12 invested as provided in subparagraph (C). 

13 ‘‘(ii) INTEREST ACCOUNT.—The inter14 est earned from investing amounts in the 

15 principal account of each Fund shall be 

16 transferred to a separate account within 

17 the Fund (referred to in this paragraph as 

18 the ‘interest account’) and invested as pro19 vided in subparagraph (D). 

20 ‘‘(iii) CREDITING.—The interest 

21 earned from investing amounts in the in22 terest account of each Fund shall be cred23 ited to the interest account. 

24 ‘‘(C) INVESTMENT OF PRINCIPAL AC25 COUNT.— 
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1 ‘‘(i) INITIAL INVESTMENT.—Each 

2 amount deposited in the principal account 

3 of each Fund shall be invested initially in 

4 eligible obligations having the shortest ma5 turity then available until the date on 

6 which the amount is divided into 3 sub7 stantially equal portions and those portions 

8 are invested in eligible obligations that are 

9 identical (except for transferability) to the 

10 next-issued publicly issued Treasury obli11 gations having a 2-year maturity, a 5-year 

12 maturity, and a 10-year maturity, respec13 tively. 

14 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

15 each 2-year, 5-year, and 10-year eligible 

16 obligation matures, the principal of the 

17 maturing eligible obligation shall also be 

18 invested initially in the shortest-maturity 

19 eligible obligation then available until the 

20 principal is reinvested substantially equally 

21 in the eligible obligations that are identical 

22 (except for transferability) to the next23 issued publicly issued Treasury obligations 

24 having 2-year, 5-year, and 10-year matu25 rities. 
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1 ‘‘(iii) DISCONTINUATION OF ISSUANCE

2 OF OBLIGATIONS.—If the Department of 

3 the Treasury discontinues issuing to the 

4 public obligations having 2-year, 5-year, or 

5 10-year maturities, the principal of any 

6 maturing eligible obligation shall be rein7 vested substantially equally in eligible obli8 gations that are identical (except for trans9 ferability) to the next-issued publicly 

10 issued Treasury obligations of the matu11 rities longer than 1 year then available. 

12 ‘‘(D) INVESTMENT OF THE INTEREST AC13 COUNT.— 

14 ‘‘(i) BEFORE FULL CAPITALIZA15 TION.—Until the date on which each Fund 

16 is fully capitalized, amounts in the interest 

17 account of the Fund shall be invested in el18 igible obligations that are identical (except 

19 for transferability) to publicly issued 

20 Treasury obligations that have maturities 

21 that coincide, to the maximum extent prac22 ticable, with the date on which the Fund 

23 is expected to be fully capitalized. 

24 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

25 On and after the date on which each Fund 
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1 is fully capitalized, amounts in the interest 

2 account of the Fund shall be invested and 

3 reinvested in eligible obligations having the 

4 shortest maturity then available until the 

5 amounts are withdrawn and transferred to 

6 fund the activities authorized under sub7 section (d)(3). 

8 ‘‘(E) PAR PURCHASE PRICE.—The price to 

9 be paid for eligible obligations purchased as in10 vestments of the principal account shall not ex11 ceed the par value of the obligations so that the 

12 amount of the principal account shall be pre13 served in perpetuity. 

14 ‘‘(F) HIGHEST YIELD.—Among eligible ob15 ligations having the same maturity and pur16 chase price, the obligation to be purchased shall 

17 be the obligation having the highest yield. 

18 ‘‘(G) HOLDING TO MATURITY.—Eligible 

19 obligations purchased shall generally be held to 

20 their maturities. 

21 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI22 TIES.—Not less frequently than once each calendar 

23 year, the Secretary of the Treasury shall review with 

24 the Cheyenne River Sioux Tribe and the Lower 

25 Brule Sioux Tribe the results of the investment ac-
269 

•S 728 RS 

1 tivities and financial status of the Funds during the 

2 preceding 12-month period.’’; and 

3 (2) by striking subsection (f) and inserting the 

4 following: 

5 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au6 thorized to be appropriated, out of any money in the 

7 Treasury not otherwise appropriated, to the Secretary of 

8 the Treasury to pay expenses associated with investing the 

9 Funds and auditing the uses of amounts withdrawn from 

10 the Funds— 

11 ‘‘(1) up to $500,000 for each of fiscal years 

12 2006 and 2007; and 

13 ‘‘(2) such sums as are necessary for each subse14 quent fiscal year.’’. 

15 SEC. 5008. CONNECTICUT RIVER DAMS, VERMONT. 

16 (a) IN GENERAL.—The Secretary shall evaluate, de17 sign, and construct structural modifications at full Fed18 eral cost to the Union Village Dam (Ompompanoosuc 

19 River), North Hartland Dam (Ottauquechee River), North 

20 Springfield Dam (Black River), Ball Mountain Dam (West 

21 River), and Townshend Dam (West River), Vermont, to 

22 regulate flow and temperature to mitigate downstream im23 pacts on aquatic habitat and fisheries. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $30,000,000. 

4 TITLE VI—PROJECT 

5 DEAUTHORIZATIONS 

6 SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA. 

7 The project for flood damage reduction, Little Cove 

8 Creek, Glencoe, Alabama, authorized by the Supplemental 

9 Appropriations Act, 1985 (99 Stat. 312), is not author10 ized. 

11 SEC. 6002. GOLETA AND VICINITY, CALIFORNIA. 

12 The project for flood control, Goleta and Vicinity, 

13 California, authorized by section 201 of the Flood Control 

14 Act of 1970 (84 Stat. 1826), is not authorized. 

15 SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT. 

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

17 navigation, Bridgeport Harbor, Connecticut, authorized 

18 by the Act of July 3, 1930 (46 Stat. 919), consisting of 

19 an 18-foot channel in Yellow Mill River and described in 

20 subsection (b), is not authorized. 

21 (b) DESCRIPTION OF PROJECT.—The project re22 ferred to in subsection (a) is described as beginning at 

23 a point along the eastern limit of the existing project, N. 

24 123,649.75, E. 481,920.54, thence running northwesterly 

25 about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 
271 

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1 thence running northeasterly about 1,442.21 feet to a 

2 point N. 125,030.08, E. 482,394.96, thence running 

3 northeasterly about 139.52 feet to a point along the east 

4 limit of the existing channel, N. 125,133.87, E. 

5 482,488.19, thence running southwesterly about 1,588.98 

6 feet to the point of origin. 

7 SEC. 6004. BRIDGEPORT, CONNECTICUT. 

8 The project for environmental infrastructure, Bridge9 port, Connecticut, authorized by section 219(f)(26) of the 

10 Water Resources Development Act of 1992 (106 Stat. 

11 4835; 113 Stat. 336), is not authorized. 

12 SEC. 6005. HARTFORD, CONNECTICUT. 

13 The project for environmental infrastructure, Hart14 ford, Connecticut, authorized by section 219(f)(27) of the 

15 Water Resources Development Act of 1992 (106 Stat. 

16 4835; 113 Stat. 336), is not authorized. 

17 SEC. 6006. NEW HAVEN, CONNECTICUT. 

18 The project for environmental infrastructure, New 

19 Haven, Connecticut, authorized by section 219(f)(28) of 

20 the Water Resources Development Act of 1992 (106 Stat. 

21 4835; 113 Stat. 336), is not authorized. 
272 

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1 SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO 

2 CHESAPEAKE BAY, PART II, INSTALLATION 

3 OF FENDER PROTECTION FOR BRIDGES, 

4 DELAWARE AND MARYLAND. 

5 The project for the construction of bridge fenders for 

6 the Summit and St. Georges Bridge for the Inland Water7 way of the Delaware River to the C & D Canal of the 

8 Chesapeake Bay authorized by the River and Harbor Act 

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

10 SEC. 6008. CENTRAL AND SOUTHERN FLORIDA, EVER11 GLADES NATIONAL PARK, FLORIDA. 

12 The project to modify the Central and Southern Flor13 ida project to improve water supply to the Everglades Na14 tional Park, Florida, authorized by section 203 of the 

15 Flood Control Act of 1954 (68 Stat. 1257) and the Flood 

16 Control Act of 1968 (82 Stat. 740), is not authorized. 

17 SEC. 6009. SHINGLE CREEK BASIN, FLORIDA. 

18 The project for flood control, Central and Southern 

19 Florida Project, Shingle Creek Basin, Florida, authorized 

20 by section 203 of the Flood Control Act of 1962 (76 Stat. 

21 1182), is not authorized. 

22 SEC. 6010. BREVOORT, INDIANA. 

23 The project for flood control, Brevoort, Indiana, au24 thorized under section 5 of the Flood Control Act of 1936 

25 (49 Stat. 1587), is not authorized. 
273 

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1 SEC. 6011. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA. 

2 The project for flood control, Middle Wabash, Green3 field Bayou, Indiana, authorized by section 10 of the 

4 Flood Control Act of 1946 (60 Stat. 649), is not author5 ized. 

6 SEC. 6012. LAKE GEORGE, HOBART, INDIANA. 

7 The project for flood damage reduction, Lake George, 

8 Hobart, Indiana, authorized by section 602 of the Water 

9 Resources Development Act of 1986 (100 Stat. 4148), is 

10 not authorized. 

11 SEC. 6013. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 

12 2, IOWA. 

13 The project for flood damage reduction, Green Bay 

14 Levee and Drainage District No. 2, Iowa, authorized by 

15 section 401(a) of the Water Resources Development Act 

16 of 1986 (100 Stat. 4115), deauthorized in fiscal year 

17 1991, and reauthorized by section 115(a)(1) of the Water 

18 Resources Development Act of 1992 (106 Stat. 4821), is 

19 not authorized. 

20 SEC. 6014. MUSCATINE HARBOR, IOWA. 

21 The project for navigation at the Muscatine Harbor 

22 on the Mississippi River at Muscatine, Iowa, authorized 

23 by section 101 of the River and Harbor Act of 1950 (64 

24 Stat. 166), is not authorized. 
274 

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1 SEC. 6015. BIG SOUTH FORK NATIONAL RIVER AND REC2 REATIONAL AREA, KENTUCKY AND TEN3 NESSEE. 

4 The project for recreation facilities at Big South 

5 Fork National River and Recreational Area, Kentucky and 

6 Tennessee, authorized by section 108 of the Water Re7 sources Development Act of 1974 (88 Stat. 43), is not 

8 authorized. 

9 SEC. 6016. EAGLE CREEK LAKE, KENTUCKY. 

10 The project for flood control and water supply, Eagle 

11 Creek Lake, Kentucky, authorized by section 203 of the 

12 Flood Control Act of 1962 (76 Stat. 1188), is not author13 ized. 

14 SEC. 6017. HAZARD, KENTUCKY. 

15 The project for flood damage reduction, Hazard, 

16 Kentucky, authorized by section 3 of the Water Resources 

17 Development Act of 1988 (102 Stat. 4014) and section 

18 108 of the Water Resources Development Act of 1990 

19 (104 Stat. 4621), is not authorized. 

20 SEC. 6018. WEST KENTUCKY TRIBUTARIES, KENTUCKY. 

21 The project for flood control, West Kentucky Tribu22 taries, Kentucky, authorized by section 204 of the Flood 

23 Control Act of 1965 (79 Stat. 1081), section 201 of the 

24 Flood Control Act of 1970 (84 Stat. 1825), and section 

25 401(b) of the Water Resources Development Act of 1986 

26 (100 Stat. 4129), is not authorized. 
275 

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1 SEC. 6019. BAYOU COCODRIE AND TRIBUTARIES, LOU2 ISIANA. 

3 The project for flood damage reduction, Bayou 

4 Cocodrie and Tributaries, Louisiana, authorized by section 

5 3 of the of the Act entitled ‘‘An Act authorizing the con6 struction of certain public works on rivers and harbors for 

7 flood control, and for other purposes’’, approved August 

8 18, 1941 (55 Stat. 644), and section 1(a) of the Water 

9 Resources Development Act of 1974 (88 Stat. 12), is not 

10 authorized. 

11 SEC. 6020. BAYOU LAFOURCHE AND LAFOURCHE JUMP, 

12 LOUISIANA. 

13 The uncompleted portions of the project for naviga14 tion improvement for Bayou LaFourche and LaFourche 

15 Jump, Louisiana, authorized by the Act of August 30, 

16 1935 (49 Stat. 1033, chapter 831) and the River and 

17 Harbor Act of 1960 (74 Stat. 481), are not authorized. 

18 SEC. 6021. EASTERN RAPIDES AND SOUTH-CENTRAL 

19 AVOYELLES PARISHES, LOUISIANA. 

20 The project for flood control, Eastern Rapides and 

21 South-Central Avoyelles Parishes, Louisiana, authorized 

22 by section 201 of the Flood Control Act of 1970 (84 Stat. 

23 1825), is not authorized. 
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1 SEC. 6022. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU2 ISIANA. 

3 The project for erosion protection and recreation, 

4 Fort Livingston, Grande Terre Island, Louisiana, author5 ized by the Act of August 13, 1946 (commonly known as 

6 the ‘‘Flood Control Act of 1946’’) (33 U.S.C. 426e et 

7 seq.), is not authorized. 

8 SEC. 6023. GULF INTERCOASTAL WATERWAY, LAKE 

9 BORGNE AND CHEF MENTEUR, LOUISIANA. 

10 The project for the construction of bulkheads and jet11 ties at Lake Borgne and Chef Menteur, Louisiana, as part 

12 of the Gulf Intercoastal Waterway authorized by the first 

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

14 635) is not authorized. 

15 SEC. 6024. RED RIVER WATERWAY, SHREVEPORT, LOU16 ISIANA TO DAINGERFIELD, TEXAS. 

17 The project for the Red River Waterway, Shreveport, 

18 Louisiana to Daingerfield, Texas, authorized by section 

19 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

20 is not authorized. 

21 SEC. 6025. CASCO BAY, PORTLAND, MAINE. 

22 The project for environmental infrastructure, Casco 

23 Bay in the Vicinity of Portland, Maine, authorized by sec24 tion 307 of the Water Resources Development Act of 1992 

25 (106 Stat. 4841), is not authorized. 
277 

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1 SEC. 6026. NORTHEAST HARBOR, MAINE. 

2 The project for navigation, Northeast Harbor, Maine, 

3 authorized by section 2 of the Act of March 2, 1945 (59 

4 Stat. 12, chapter 19), is not authorized. 

5 SEC. 6027. PENOBSCOT RIVER, BANGOR, MAINE. 

6 The project for environmental infrastructure, Penob7 scot River in the Vicinity of Bangor, Maine, authorized 

8 by section 307 of the Water Resources Development Act 

9 of 1992 (106 Stat. 4841), is not authorized. 

10 SEC. 6028. SAINT JOHN RIVER BASIN, MAINE. 

11 The project for research and demonstration program 

12 of cropland irrigation and soil conservation techniques, 

13 Saint John River Basin, Maine, authorized by section 

14 1108 of the Water Resources Development Act of 1986 

15 (106 Stat. 4230), is not authorized. 

16 SEC. 6029. TENANTS HARBOR, MAINE. 

17 The project for navigation, Tenants Harbor, Maine, 

18 authorized by the first section of the Act of March 2, 1919 

19 (40 Stat. 1275, chapter 95), is not authorized. 

20 SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN. 

21 The project for navigation, Grand Haven Harbor, 

22 Michigan, authorized by section 202(a) of the Water Re23 sources Development Act of 1986 (100 Stat. 4093), is not 

24 authorized. 
278 

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1 SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI. 

2 The project for navigation, Greenville Harbor, Mis3 sissippi, authorized by section 601(a) of the Water Re4 sources Development Act of 1986 (100 Stat. 4142), is not 

5 authorized. 

6 SEC. 6032. PLATTE RIVER FLOOD AND RELATED 

7 STREAMBANK EROSION CONTROL, NE8 BRASKA. 

9 The project for flood damage reduction, Platte River 

10 Flood and Related Streambank Erosion Control, Ne11 braska, authorized by section 603 of the Water Resources 

12 Development Act of 1986 (100 Stat. 4149), is not author13 ized. 

14 SEC. 6033. EPPING, NEW HAMPSHIRE. 

15 The project for environmental infrastructure, Ep16 ping, New Hampshire, authorized by section 219(c)(6) of 

17 the Water Resources Development Act of 1992 (106 Stat. 

18 4835), is not authorized. 

19 SEC. 6034. MANCHESTER, NEW HAMPSHIRE. 

20 The project for environmental infrastructure, Man21 chester, New Hampshire, authorized by section 219(c)(7) 

22 of the Water Resources Development Act of 1992 (106 

23 Stat. 4836), is not authorized. 
279 

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1 SEC. 6035. NEW YORK HARBOR AND ADJACENT CHANNELS, 

2 CLAREMONT TERMINAL, JERSEY CITY, NEW 

3 JERSEY. 

4 The project for navigation, New York Harbor and ad5 jacent channels, Claremont Terminal, Jersey City, New 

6 Jersey, authorized by section 202(b) of the Water Re7 sources Development Act of 1986 (100 Stat. 4098), is not 

8 authorized. 

9 SEC. 6036. EISENHOWER AND SNELL LOCKS, NEW YORK. 

10 The project for navigation, Eisenhower and Snell 

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

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

13 not authorized. 

14 SEC. 6037. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK. 

15 The project for navigation, Olcott Harbor, Lake On16 tario, New York, authorized by section 601(a) of the 

17 Water Resources Development Act of 1986 (100 Stat. 

18 4143), is not authorized. 

19 SEC. 6038. OUTER HARBOR, BUFFALO, NEW YORK. 

20 The project for navigation, Outer Harbor, Buffalo, 

21 New York, authorized by section 110 of the Water Re22 sources Development Act of 1992 (106 Stat. 4817), is not 

23 authorized. 
280 

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1 SEC. 6039. SUGAR CREEK BASIN, NORTH CAROLINA AND 

2 SOUTH CAROLINA. 

3 The project for flood damage reduction, Sugar Creek 

4 Basin, North Carolina and South Carolina, authorized by 

5 section 401(a) of the Water Resources Development Act 

6 of 1986 (100 Stat. 4121), is not authorized. 

7 SEC. 6040. CLEVELAND HARBOR 1958 ACT, OHIO. 

8 The project for navigation, Cleveland Harbor 

9 (Uncompleted Portion), Ohio, authorized by section 101 

10 of the River and Harbor Act of 1958 (72 Stat. 299), is 

11 not authorized. 

12 SEC. 6041. CLEVELAND HARBOR 1960 ACT, OHIO. 

13 The project for navigation, Cleveland Harbor 

14 (Uncompleted Portion), Ohio, authorized by section 101 

15 of the River and Harbor Act of 1960 (74 Stat. 482), is 

16 not authorized. 

17 SEC. 6042. CLEVELAND HARBOR, UNCOMPLETED PORTION 

18 OF CUT #4, OHIO. 

19 The project for navigation, Cleveland Harbor 

20 (Uncompleted Portion of Cut #4), Ohio, authorized by the 

21 first section of the Act of July 24, 1946 (60 Stat. 636, 

22 chapter 595), is not authorized. 

23 SEC. 6043. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM24 MOND, OREGON. 

25 The project for the Columbia River, Seafarers Memo26 rial, Hammond, Oregon, authorized by title I of the En-
281 

•S 728 RS 

1 ergy and Water Development Appropriations Act, 1991 

2 (104 Stat. 2078), is not authorized. 

3 SEC. 6044. CHARTIERS CREEK, CANNONSBURG (HOUSTON 

4 REACH UNIT 2B), PENNSYLVANIA. 

5 The project for flood control, Chartiers Creek, 

6 Cannonsburg (Houston Reach Unit 2B), Pennsylvania, 

7 authorized by section 204 of the Flood Control Act of 

8 1965 (79 Stat. 1081), is not authorized. 

9 SEC. 6045. SCHUYLKILL RIVER, PENNSYLVANIA. 

10 The project for navigation, Schuylkill River (Mouth 

11 to Penrose Avenue), Pennsylvania, authorized by section 

12 3(a)(12) of the Water Resources Development Act of 1988 

13 (102 Stat. 4013), is not authorized. 

14 SEC. 6046. TIOGA-HAMMOND LAKES, PENNSYLVANIA. 

15 The project for flood control and recreation, Tioga16 Hammond Lakes, Mill Creek Recreation, Pennsylvania, 

17 authorized by section 203 of the Flood Control Act of 

18 1958 (72 Stat. 313), is not authorized. 

19 SEC. 6047. TAMAQUA, PENNSYLVANIA. 

20 The project for flood control, Tamaqua, Pennsyl21 vania, authorized by section 1(a) of the Water Resources 

22 Development Act of 1974 (88 Stat. 14), is not authorized. 
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1 SEC. 6048. NARRAGANSETT TOWN BEACH, NARRAGANSETT, 

2 RHODE ISLAND. 

3 The project for navigation, Narragansett Town 

4 Beach, Narragansett, Rhode Island, authorized by section 

5 361 of the Water Resources Development Act of 1992 

6 (106 Stat. 4861), is not authorized. 

7 SEC. 6049. QUONSET POINT-DAVISVILLE, RHODE ISLAND. 

8 The project for bulkhead repairs, Quonset Point9 Davisville, Rhode Island, authorized by section 571 of the 

10 Water Resources Development Act of 1996 (110 Stat. 

11 3788), is not authorized. 

12 SEC. 6050. ARROYO COLORADO, TEXAS. 

13 The project for flood damage reduction, Arroyo Colo14 rado, Texas, authorized by section 401(a) of the Water 

15 Resources Development Act of 1986 (100 Stat. 4125), is 

16 not authorized. 

17 SEC. 6051. CYPRESS CREEK-STRUCTURAL, TEXAS. 

18 The project for flood damage reduction, Cypress 

19 Creek-Structural, Texas, authorized by section 3(a)(13) of 

20 the Water Resources Development Act of 1988 (102 Stat. 

21 4014), is not authorized. 

22 SEC. 6052. EAST FORK CHANNEL IMPROVEMENT, INCRE23 MENT 2, EAST FORK OF THE TRINITY RIVER, 

24 TEXAS. 

25 The project for flood damage reduction, East Fork 

26 Channel Improvement, Increment 2, East Fork of the 
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1 Trinity River, Texas, authorized by section 203 of the 

2 Flood Control Act of 1962 (76 Stat. 1185), is not author3 ized. 

4 SEC. 6053. FALFURRIAS, TEXAS. 

5 The project for flood damage reduction, Falfurrias, 

6 Texas, authorized by section 3(a)(14) of the Water Re7 sources Development Act of 1988 (102 Stat. 4014), is not 

8 authorized. 

9 SEC. 6054. PECAN BAYOU LAKE, TEXAS. 

10 The project for flood control, Pecan Bayou Lake, 

11 Texas, authorized by section 203 of the Flood Control Act 

12 of 1968 (82 Stat. 742), is not authorized. 

13 SEC. 6055. LAKE OF THE PINES, TEXAS. 

14 The project for navigation improvements affecting 

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

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

17 1892 (27 Stat. 88, chapter 158), as amended by the Act 

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

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

20 River and Harbor Act of 1968 (82 Stat. 731), is not au21 thorized. 

22 SEC. 6056. TENNESSEE COLONY LAKE, TEXAS. 

23 The project for navigation, Tennessee Colony Lake, 

24 Trinity River, Texas, authorized by section 204 of the 
284 

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1 River and Harbor Act of 1965 (79 Stat. 1091), is not au2 thorized. 

3 SEC. 6057. CITY WATERWAY, TACOMA, WASHINGTON. 

4 The portion of the project for navigation, City Water5 way, Tacoma, Washington, authorized by the first section 

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

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

8 Waterway beginning at Station 70+00 and ending at Sta9 tion 80+00, is not authorized. 

10 SEC. 6058. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA. 

11 The project for bank erosion, Kanawha River, 

12 Charleston, West Virginia, authorized by section 

13 603(f)(13) of the Water Resources Development Act of 

14 1986 (100 Stat. 4153), is not authorized. 

Calendar No. 93 

109TH CONGRESS 

1ST SESSION S. 728 

[Report No. 109–61] 

A BILL 

To provide for the consideration and development 

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

APRIL 26, 2005 

Reported with amendments