258 
White River Minimum Flows Reallocation Study Re-
port, Arkansas and Missouri, dated July 2004. 
(2) COST
SHARING.—Reallocation of storage 
and installation of facilities under this subsection 
shall be considered fish and wildlife enhancement 
that provides national benefits and shall be a Fed-
eral expense in accordance with section 906(e)(1) of 
the Water Resources Development Act of 1986 (33 
U.S.C. 2283(e)(1)). 
(3) OFFSET.—In carrying out this subsection, 
losses to hydropower shall be offset by a reduction, 
not to exceed $17,000,000, in the costs allocated to 
hydropower, as determined by the present value of 
the estimated replacement cost of the electrical en-
ergy and capacity at the time of the implementation. 
(b) FISH HATCHERY.—In operating the fish hatchery 
at Beaver Lake, Arkansas, authorized by section 105 of 
the Water Resources Development Act of 1976 (90 Stat. 
2921), losses to hydropower shall be offset by a reduction, 
not to exceed $2,200,000, in the costs allocated to hydro-
power, as determined by the present value of the estimated 
replacement cost of the electrical energy and capacity at 
the time of the implementation. 
(c) REPEAL.—Section 374 of the Water Resources 
Development Act of 1999 (113 Stat. 321) is repealed.
259 
SEC. 5034. CAMBRIA, CALIFORNIA. 
Section 219(f)(48) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–220) is amended— 
(1) by striking ‘‘$10,300,000’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—$10,300,000’’; 
(2) by adding at the end the following: 
‘‘(B) CREDIT.—The Secretary shall credit 
toward the non-Federal share of the cost of the 
project not to exceed $3,000,000 for the cost of 
planning and design work carried out by the 
non-Federal interest before the date of the 
partnership agreement for the project if the 
Secretary determines that the work is integral 
to the project.’’; and 
(3) by aligning the remainder of the text of 
subparagraph (A) (as designated by paragraph (1) 
of this section) with subparagraph (B) (as added by 
paragraph (2) of this section). 
SEC. 
5035. 
CONTRA 
COSTA 
CANAL, 
OAKLEY 
AND 
KNIGHTSEN, 
CALIFORNIA; 
MALLARD 
SLOUGH, PITTSBURG, CALIFORNIA. 
Sections 512 and 514 of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2650) are each amended 
by adding at the end the following: ‘‘All planning, study, 
design, and construction on the project shall be carried
260 
out by the office of the district engineer, San Francisco, 
California.’’. 
SEC. 5036. DANA POINT HARBOR, CALIFORNIA. 
The Secretary shall conduct a study of the causes of 
water quality degradation within Dana Point Harbor, 
California, to determine if the degradation is the result 
of a Federal navigation project, and, if the Secretary de-
termines that the degradation is the result of a Federal 
navigation project, the Secretary shall carry out a project 
to mitigate the degradation at Federal expense. 
SEC. 5037. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 
Section 219(f)(22) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 336) is amended— 
(1) by striking ‘‘$25,000,000’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—$25,000,000’’; 
(2) by adding at the end the following: 
‘‘(B) CREDIT.—The Secretary shall credit 
toward the non-Federal share of the cost of the 
project (i) the cost of design and construction 
work carried out by the non-Federal interest 
before the date of the partnership agreement 
for the project if the Secretary determines that 
the work is integral to the project; and (ii) the
261 
cost of provided for the project by the non-Fed-
eral interest. 
‘‘(C) IN-KIND CONTRIBUTIONS.—The non- 
Federal interest may provide any portion of the 
non-Federal share of the cost of the project in 
the form of in-kind services and materials.’’; 
and 
(3) by aligning the remainder of the text of 
subparagraph (A) (as designated by paragraph (1) 
of this section) with subparagraph (B) (as added by 
paragraph (2) of this section). 
SEC. 5038. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 
(a) IN GENERAL.—The Secretary shall review the 
Kings River Fisheries Management Program Framework 
Agreement, dated May 29, 1999, among the California 
Department of Fish and Game, the Kings River Water 
Association, and the Kings River Conservation District 
and, if the Secretary determines that the management 
program is feasible, the Secretary may participate in the 
management program. 
(b) PROHIBITION.—Nothing in this section author-
izes any project for the raising of, or the construction of, 
a multilevel intake structure at Pine Flat Dam, California. 
(c) USE OF EXISTING STUDIES.—In carrying out this 
section, the Secretary shall use, to the maximum extent
262 
practicable, studies in existence on the date of enactment 
of this Act, including data and environmental documenta-
tion in the Report of the Chief of Engineers, Pine Flat 
Dam and Reservoir, Fresno County, California, dated July 
19, 2002. 
(d) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of the project the cost of 
planning, design, and construction work carried out by the 
non-Federal interest before the date of the partnership 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to $20,000,000 to carry out 
this section. 
SEC. 5039. SACRAMENTO DEEP WATER SHIP CHANNEL, 
CALIFORNIA. 
(a) IN GENERAL.—The Secretary is authorized to 
transfer title to the Bascule Bridge, deauthorized by sec-
tion 347(a)(2) of the Water Resources Development Act 
of 2000 (114. Stat. 2618), to the city of West Sacramento, 
California, subject to the execution of an agreement by 
the Secretary and the city which specifies the terms and 
conditions for such transfer. The terms and conditions of 
the transfer shall include a provision authorizing the Sec-
263 
retary to participate in the construction of a replacement 
bridge following the removal of the Bascule Bridge. 
(b) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated $5,000,000 for the Sec-
retary to participate in the construction of a replacement 
bridge under this section. 
SEC. 5040. SAN FRANCISCO, CALIFORNIA. 
(a) IN GENERAL.—The Secretary, in cooperation 
with the Port of San Francisco, California, may carry out 
the project for repair and removal, as appropriate, of Piers 
35, 36, and 80 in San Francisco, California, substantially 
in accordance with the Port’s redevelopment plan. 
(b) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated $20,000,000 to carry out 
this subsection. 
SEC. 5041. SAN FRANCISCO, CALIFORNIA, WATERFRONT 
AREA. 
(a) AREA TO BE DECLARED NONNAVIGABLE; PUB-
LIC INTEREST.—Unless the Secretary finds, after con-
sultation with local and regional public officials (including 
local and regional public planning organizations), that the 
proposed projects to be undertaken within the boundaries 
of the portion of the San Francisco, California, waterfront 
area described in subsection (b) are not in the public inter-
264 
est, such portion is declared to be nonnavigable waters of 
the United States. 
(b) NORTHERN EMBARCADERO SOUTH OF BRYANT 
STREET.—The portion of the San Francisco, California, 
waterfront area referred to in subsection (a) is as follows: 
Beginning at the intersection of the northeasterly prolon-
gation of that portion of the northwesterly line of Bryant 
Street lying between Beale Street and Main Street with 
the southwesterly line of Spear Street, which intersection 
lies on the line of jurisdiction of the San Francisco Port 
Commission; following thence southerly along said line of 
jurisdiction as described in the State of California Harbor 
and Navigation Code Section 1770, as amended in 1961, 
to its intersection with the easterly line of Townsend 
Street along a line that is parallel and distant 10 feet dis-
tant from the existing southern boundary of Pier 40 pro-
duced to its point of intersection with the United States 
Government pier-head line; thence northerly along said 
pier-head line to its intersection with a line parallel with, 
and distant 10 feet easterly from, the existing easterly 
boundary line of Pier 30–32; thence northerly along said 
parallel line and its northerly prolongation, to a point of 
intersection with a line parallel with, and distant 10 feet 
northerly from, the existing northerly boundary of Pier 
30–32, thence westerly along last said parallel line to its