122
States and other international water resources man-
agement problems. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out subsection (a)(1) $5,000,000, to carry out subsection 
(a)(2) $5,000,000, and to carry out subsection (a)(3) 
$5,000,000. Such sums shall remain available until ex-
pended. 
SEC. 2042. FEDERAL HOPPER DREDGES. 
Section 3(c) of the Act of August 11, 1888 (33 
U.S.C. 622; 25 Stat. 423), is amended—
(1) in paragraph (7)(B) by adding at the end 
the following: ‘‘This subparagraph shall not apply to 
the Federal hopper dredges Essayons and Yaquina 
of the Corps of Engineers.’’; and 
(2) by adding at the end the following: 
‘‘(9) READY
RESERVE
FOR
THE
HOPPER 
DREDGE
MCFARLAND.—The Secretary shall place 
the Federal hopper dredge McFarland of the Corps 
of Engineers in ready reserve status not later than 
October 1, 2008.’’. 
SEC. 2043. CRITERIA FOR OPERATION AND MAINTENANCE 
OF HARBOR DREDGING PROJECTS. 
The Secretary shall budget and request appropria-
tions for operation and maintenance of harbor dredging
123
projects based only upon criteria used for such projects 
in fiscal year 2004 and shall not use a budget standard 
for such projects based on the amount of tonnage a harbor 
handles. 
TITLE III—PROJECT-RELATED 
PROVISIONS 
SEC. 3001. COOK INLET, ALASKA. 
Section 118(a)(3) of the Energy and Water Develop-
ment Appropriations Act, 2005 (title I of division C of 
the Consolidated Appropriations Act, 2005; 118 Stat. 
2945) is amended by inserting ‘‘as part of the operation 
and maintenance of such project modification’’ after ‘‘by 
the Secretary’’. 
SEC. 3002. KING COVE HARBOR, ALASKA. 
The maximum amount of Federal funds that may be 
expended for the project for navigation, King Cove Har-
bor, Alaska, being carried out under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577), shall be 
$8,000,000. 
SEC. 3003. SITKA, ALASKA. 
The Sitka, Alaska, element of the project for naviga-
tion, Southeast Alaska Harbors of Refuge, Alaska, author-
ized by section 101(1) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4801), is modified to direct 
the Secretary to take such action as is necessary to correct
124
design deficiencies in the Sitka Harbor Breakwater, at full 
Federal expense. The estimated cost is $6,300,000. 
SEC. 3004. TATITLEK, ALASKA. 
The maximum amount of Federal funds that may be 
expended for the project for navigation, Tatitlek, Alaska, 
being carried out under section 107 of the River and Har-
bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 
SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA. 
The project for flood damage reduction, Rio De Flag, 
Flagstaff, Arizona, authorized by section 101(b)(3) of the 
Water Resources Development Act of 2000 (114 Stat. 
2576), is modified to authorize the Secretary to construct 
the project at a total cost of $54,100,000, with an esti-
mated Federal cost of $35,000,000 and a non-Federal cost 
of $19,100,000. 
SEC. 3006. OSCEOLA HARBOR, ARKANSAS. 
(a) IN GENERAL.—The project for navigation, Osce-
ola Harbor, Arkansas, constructed under section 107 of 
the River and Harbor Act of 1960 (33 U.S.C. 577), is 
modified to allow non-Federal interests to construct a 
mooring facility within the existing authorized harbor 
channel, subject to all necessary permits, certifications, 
and other requirements. 
(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as affecting the
125
responsibility of the Secretary to maintain the general 
navigation features of the project at a bottom width of 
250 feet. 
SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. 
The Pine Mountain Dam feature of the project for 
flood protection, Lee Creek, Arkansas and Oklahoma, au-
thorized by section 204 of the Flood Control Act of 1965 
(79 Stat. 1078), is modified—
(1) to add environmental restoration as a 
project purpose; and 
(2) to direct the Secretary to finance the non-
Federal share of the cost of the project over a 30-
year period in accordance with section 103(k) of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2213(k)). 
SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI-
FORNIA. 
(a) IN GENERAL.—The project for flood control, 
American and Sacramento Rivers, California, authorized 
by section 101(a)(6)(A) of the Water Resources Develop-
ment Act of 1999 (113 Stat. 274), as modified by section 
128 of the Energy and Water Development Appropriations 
Act, 2006 (119 Stat. 2259), is further modified to author-
ize the Secretary to construct the auxiliary spillway gen-
erally in accordance with the Post Authorization Change
126
Report, American River Watershed Project (Folsom Dam 
Modification and Folsom Dam Raise Projects), dated De-
cember 2006, at a total cost of $683,000,000, with an es-
timated Federal cost of $444,000,000 and an estimated 
non-Federal cost of $239,000,000. 
(b) DAM SAFETY ACTIVITIES.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of the Interior to carry out dam safety activities 
in connection with the auxiliary spillway in accordance 
with the Bureau of Reclamation Safety of Dams Program. 
(c) TRANSFER OF FUNDS.—The Secretary and the 
Secretary of the Interior are authorized to transfer be-
tween their respective agencies appropriated amounts and 
other available funds (including funds contributed by non-
Federal interests) for the purpose of planning, design, and 
construction of the auxiliary spillway. Any transfer made 
pursuant to this subsection shall be subject to such terms 
and conditions as agreed upon by the Secretary and the 
Secretary of the Interior. 
SEC. 3009. COMPTON CREEK, CALIFORNIA. 
The project for flood control, Los Angeles Drainage 
Area, California, authorized by section 101(b) of the 
Water Resources Development Act of 1990 (104 Stat. 
4611), is modified to add environmental restoration and 
recreation as project purposes.
127
SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Gray-
son Creek/Murderer’s Creek, California, being carried out 
under section 206 of the Water Resources Development 
Act of 1996 (33 U.S.C. 2330), is modified—
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of work carried out by the non-Federal interest be-
fore the date of the partnership agreement for the 
project if the Secretary determines that the work is 
integral to the project; and 
(2) to authorize the Secretary to consider na-
tional ecosystem restoration benefits in determining 
the Federal interest in the project. 
SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA. 
The project for environmental restoration, Hamilton 
Airfield, California, authorized by section 101(b)(3) of the 
Water Resources Development Act of 1999 (113 Stat. 
279), is modified to direct the Secretary to construct the 
project substantially in accordance with the report of the 
Chief of Engineers dated July 19, 2004, at a total cost 
of $228,100,000, with an estimated Federal cost of 
$171,100,000 and an estimated non-Federal cost of 
$57,000,000.
128
SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCK-
TON SHIP CHANNEL, CALIFORNIA. 
The project for navigation, San Francisco to Stock-
ton, California, authorized by section 301 of the River and 
Harbor Act of 1965 (79 Stat. 1091) is modified—
(1) to provide that the non-Federal share of the 
cost of the John F. Baldwin Ship Channel and 
Stockton Ship Channel element of the project may 
be provided in the form of in-kind services and ma-
terials; and 
(2) to direct the Secretary to credit toward the 
non-Federal share of the cost of such element the 
cost of planning and design work carried out by the 
non-Federal interest before the date of an agreement 
for such planning and design if the Secretary deter-
mines that such work is integral to such element. 
SEC. 3013. KAWEAH RIVER, CALIFORNIA. 
The project for flood control, Terminus Dam, 
Kaweah River, California, authorized by section 101(b)(5) 
of the Water Resources Development Act of 1996 (110 
Stat. 3658), is modified to direct the Secretary to credit 
toward the non-Federal share of the cost of the project, 
or provide reimbursement not to exceed $800,000, for the 
costs of any work carried out by the non-Federal interest 
before, on, or after the date of the project partnership
129
agreement if the Secretary determines that the work is 
integral to the project. 
SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI-
FORNIA. 
The project for navigation, Larkspur Ferry Channel, 
Larkspur, California, authorized by section 601(d) of the 
Water Resources Development Act of 1986 (100 Stat. 
4148), is modified to direct the Secretary to determine 
whether maintenance of the project is feasible, and if the 
Secretary determines that maintenance of the project is 
feasible, to carry out such maintenance. 
SEC. 3015. LLAGAS CREEK, CALIFORNIA. 
(a) IN GENERAL.—The project for flood damage re-
duction, Llagas Creek, California, authorized by section 
501(a) of the Water Resources Development Act of 1999 
(113 Stat. 333), is modified to authorize the Secretary 
to carry out the project at a total cost of $105,000,000, 
with an estimated Federal cost of $65,000,000, and an 
estimated non-Federal cost of $40,000,000. 
(b) SPECIAL RULE.—In evaluating and implementing 
the project, the Secretary shall allow the non-Federal in-
terest to participate in the financing of the project in ac-
cordance with section 903(c) of the Water Resources De-
velopment Act of 1986 (100 Stat. 4184) to the extent that
130
the Secretary’s evaluation indicates that applying such 
section is necessary to implement the project. 
SEC. 3016. MAGPIE CREEK, CALIFORNIA. 
(a) IN GENERAL.—The project for Magpie Creek, 
California, authorized under section 205 of the Flood Con-
trol Act of 1948 (33 U.S.C. 701s), is modified to direct 
the Secretary to apply the cost-sharing requirements of 
section 103(b) of the Water Resources Development Act 
of 1986 (100 Stat. 4085) for the portion of the project 
consisting of land acquisition to preserve and enhance ex-
isting floodwater storage. 
(b) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of the project 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. 
SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Pacific 
Flyway Center, Sacramento, California, being carried out 
under section 206 of the Water Resources Development 
Act of 1996 (33 U.S.C. 2330), is modified to authorize 
the Secretary to expend $2,000,000 to enhance public ac-
cess to the project.
131
SEC. 3018. PINOLE CREEK, CALIFORNIA. 
The project for improvement of the quality of the en-
vironment, Pinole Creek Phase I, California, being carried 
out under section 1135 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 
the Secretary to credit toward the non-Federal share of 
the cost of the project the cost of 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. 
SEC. 3019. PRADO DAM, CALIFORNIA. 
Upon completion of the modifications to the Prado 
Dam element of the project for flood control, Santa Ana 
River Mainstem, California, authorized by section 401(a) 
of the Water Resources Development Act of 1986 (100 
Stat. 4113), the Memorandum of Agreement for the Oper-
ation for Prado Dam for Seasonal Additional Water Con-
servation between the Department of the Army and the 
Orange County Water District (including all the condi-
tions and stipulations in the memorandum) shall remain 
in effect for volumes of water made available prior to such 
modifications. 
SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD 
CONTROL, CALIFORNIA. 
(a) IN GENERAL.—The Secretary shall provide credit 
to the Sacramento Area Flood Control Agency, in the
132
amount of $20,503,000, for the non-reimbursed Federal 
share of costs incurred by the Agency in connection the 
project for flood control and recreation, Sacramento and 
American Rivers, California (Natomas Levee features), 
authorized by section 9159 of the Department of Defense 
Appropriations Act, 1993 (106 Stat. 1944). 
(b) ALLOCATION OF CREDIT.—The Secretary shall 
allocate the amount to be credited under subsection (a) 
toward the non-Federal share of such projects as are re-
quested by the Sacramento Area Flood Control Agency. 
SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, 
CALIFORNIA. 
The project for navigation, Sacramento Deep Water 
Ship Channel, California, authorized by section 202(a) of 
the Water Resources Development Act of 1986 (100 Stat. 
4092), is modified to direct the Secretary to credit toward 
the non-Federal share of the cost of the project the cost 
of planning and design work carried out by the non-Fed-
eral interest before the date of the partnership agreement 
for the project if the Secretary determines that the work 
is integral to the project. 
SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA. 
The project for navigation, Santa Cruz Harbor, Cali-
fornia, authorized by section 101 of the River and Harbor 
Act of 1958 (72 Stat. 300) and modified by section 809
133
of the Water Resources Development Act of 1986 (100 
Stat. 4168) and section 526 of the Water Resources De-
velopment Act of 1999 (113 Stat. 346), is modified to di-
rect the Secretary—
(1) to renegotiate the memorandum of agree-
ment with the non-Federal interest to increase the 
annual payment to reflect the updated cost of oper-
ation and maintenance that is the Federal and non-
Federal share as provided by law based on the 
project purpose; and 
(2) to revise the memorandum of agreement to 
include terms that revise such payments for infla-
tion. 
SEC. 3023. SEVEN OAKS DAM, CALIFORNIA. 
The project for flood control, Santa Ana Mainstem, 
authorized by section 401(a) of the Water Resources De-
velopment Act of 1986 (100 Stat. 4113) and modified by 
section 104 of the Energy and Water Development Appro-
priations Act, 1988 (101 Stat. 1329–11), section 102(e) 
of the Water Resources Development Act of 1990 (104 
Stat. 4611), and section 311 of the Water Resources De-
velopment Act of 1996 (110 Stat. 3713), is further modi-
fied to direct the Secretary to conduct a study of water 
conservation and water quality at the Seven Oaks Dam, 
California, for water conservation.
134
SEC. 3024. UPPER GUADALUPE RIVER, CALIFORNIA. 
The project for flood damage reduction and recre-
ation, Upper Guadalupe River, California, authorized by 
section 101(a)(9) of the Water Resources Development 
Act of 1999 (113 Stat. 275), is modified to authorize the 
Secretary to construct the project generally in accordance 
with the Upper Guadalupe River Flood Damage Reduc-
tion, San Jose, California, Limited Reevaluation Report, 
dated March, 2004, at a total cost of $244,500,000. 
SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA. 
The project for aquatic ecosystem restoration, Wal-
nut Creek Channel, California, being carried out under 
section 206 of the Water Resources Development Act of 
1996 (33 U.S.C. 2330), is modified—
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of work carried out by the non-Federal interest be-
fore the date of the partnership agreement for the 
project if the Secretary determines that the work is 
integral to the project; and 
(2) to authorize the Secretary to consider na-
tional ecosystem restoration benefits in determining 
the Federal interest in the project.
135
SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALI-
FORNIA. 
The project for improvement of the quality of the en-
vironment, Wildcat/San Pablo Creek Phase I, California, 
being carried out under section 1135 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2309a), is 
modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of 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. 
SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Wild-
cat/San Pablo Creek Phase II, California, being carried 
out under section 206 of the Water Resources Develop-
ment Act of 1996 (33 U.S.C. 2330), is modified to direct 
the Secretary to credit toward the non-Federal share of 
the cost of the project the cost of 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 to authorize the 
Secretary to consider national ecosystem restoration bene-
fits in determining the Federal interest in the project.
136
SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA. 
The project for flood damage reduction, Yuba River 
Basin, California, authorized by section 101(a)(10) of the 
Water Resources Development Act of 1999 (113 Stat. 
275), is modified—
(1) to authorize the Secretary to construct the 
project at a total cost of $107,700,000, with an esti-
mated Federal cost of $70,000,000 and an esti-
mated non-Federal cost of $37,700,000; and 
(2) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of work carried out by the non-Federal interest be-
fore the date of the partnership agreement for the 
project if the Secretary determines that the work is 
integral to the project. 
SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO. 
Section 808 of the Water Resources Development Act 
of 1986 (100 Stat. 4168) is amended by striking ‘‘agri-
culture,’’ and inserting ‘‘agriculture, environmental res-
toration,’’. 
SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER 
TO CHESAPEAKE BAY, DELAWARE AND MARY-
LAND. 
The project for navigation, Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Mary-
land, authorized by the first section of the Rivers and Har-
137
bors Act of August 30, 1935 (49 Stat. 1030), and section 
101 of the River and Harbor Act of 1954 (68 Stat. 1249), 
is modified to add recreation as a project purpose. 
SEC. 3031. BREVARD COUNTY, FLORIDA. 
(a) SHORELINE.—The project for shoreline protec-
tion, Brevard County, Florida, authorized by section 
101(b)(7) of the Water Resources Development Act of 
1996 (110 Stat. 3667), is modified—
(1) to direct the Secretary to establish the 
reach of the project as the reach between the Flor-
ida department of environmental protection monu-
ments 75.4 to 118.3, a distance of 7.6 miles; and 
(2) to direct the Secretary to expedite the gen-
eral reevaluation report required by section 418 of 
the Water Resources Development Act of 2000 (114 
Stat. 2637). 
(b) CREDIT.—Section 310 of the Water Resources 
Development Act of 1999 (113 Stat. 301) is amended by 
adding at the end the following: 
‘‘(d) CREDIT.—After completion of the study, the 
Secretary shall credit toward the non-Federal share of the 
cost of the project for shore protection the cost of nourish-
ment and renourishment associated with the project for 
shore protection incurred by the non-Federal interest to 
respond to damages to Brevard County beaches that are
138
the result of a Federal navigation project, as determined 
in the final report for the study.’’. 
SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, 
FLORIDA. 
The project for shore protection, Broward County 
and Hillsboro Inlet, Florida, authorized by section 301 of 
the River and Harbor Act of 1965 (79 Stat. 1090), and 
modified by section 311 of the Water Resources Develop-
ment Act of 1999 (113 Stat. 301), is further modified to 
direct the Secretary to credit toward the non-Federal 
share of the cost of the project the cost of mitigation con-
struction and derelict erosion control structure removal 
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. 
SEC. 3033. CANAVERAL HARBOR, FLORIDA. 
In carrying out the project for navigation, Canaveral 
Harbor, Florida, authorized by section 101 of the River 
and Harbor Act of 1962 (76 Stat. 1174), the Secretary 
shall construct a sediment trap. 
SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 
The project for shore protection, Gasparilla and 
Estero Island segments, Lee County, Florida, authorized 
by section 201 of the Flood Control Act of 1965 (79 Stat. 
1073), by Senate Resolution dated December 17, 1970,
139
and by House Resolution dated December 15, 1970, and 
modified by section 309 of the Water Resources Develop-
ment Act of 2000 (114 Stat. 2602), is further modified 
to direct the Secretary to credit toward the non-Federal 
share of the cost of the project the cost of work carried 
out by the non-Federal interest before the date of the part-
nership agreement for the project if the Secretary deter-
mines that the work is integral to the project. 
SEC. 3035. JACKSONVILLE HARBOR, FLORIDA. 
(a) IN GENERAL.—The project for navigation, Jack-
sonville Harbor, Florida, authorized by section 101(a)(17) 
of the Water Resources Development Act of 1999 (113 
Stat. 276), is modified to authorize the Secretary to ex-
tend the navigation features in accordance with the Report 
of the Chief of Engineers, dated July 22, 2003, at a total 
cost of $14,658,000, with an estimated Federal cost of 
$9,636,000 and an estimated non-Federal cost of 
$5,022,000. 
(b) GENERAL REEVALUATION REPORTS.—The non-
Federal share of the cost of the general reevaluation re-
port that resulted in the report of the Chief of Engineers 
for the project and the non-Federal share of the cost of 
the general reevaluation report for Jacksonville Harbor, 
Florida, being conducted on June 1, 2005, shall each be
140
the same percentage as the non-Federal share of the cost 
of construction of the project. 
(c) AGREEMENT.—The Secretary shall enter into new 
partnership agreements with the non-Federal interest to 
reflect the cost sharing required by subsection (b). 
SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA. 
(a) IN GENERAL.—The project for shore protection, 
Lido Key Beach, Sarasota, Florida, authorized by section 
101 of the River and Harbor Act of 1970 (84 Stat. 1819), 
deauthorized under section 1001(b) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 579a(b)), 
and reauthorized by section 364(2)(A) of the Water Re-
sources Development Act of 1999 (113 Stat. 313), is 
modified to direct the Secretary to construct the project 
substantially in accordance with the report of the Chief 
of Engineers dated December 22, 2004, at a total cost 
of $15,190,000, with an estimated Federal cost of 
$9,320,000 and an estimated non-Federal cost of 
$5,870,000, and at an estimated total cost of $65,000,000 
for periodic nourishment over the 50-year life of the 
project. 
(b) CONSTRUCTION
OF SHORELINE PROTECTION 
PROJECTS
BY
NON-FEDERAL
INTERESTS.—The Sec-
retary shall enter into a partnership agreement with the 
non-Federal interest in accordance with section 206 of the
141
Water Resources Development Act of 1992 (33 U.S.C. 
426i–1) for the modified project. 
SEC. 3037. MIAMI HARBOR, FLORIDA. 
The project for navigation, Miami Harbor Channel, 
Florida, authorized by section 101(a)(9) of the Water Re-
sources Development Act of 1990 (104 Stat. 4606) and 
modified by section 315 of the Water Resources Develop-
ment Act of 1999 (113 Stat. 302), is further modified—
(1) to include as a project purpose environ-
mental mitigation required before July 18, 2003, by 
a Federal, State, or local environmental agency for 
unauthorized or unanticipated environmental im-
pacts within, or in the vicinity of, the authorized 
project; and 
(2) to direct the Secretary to reimburse the 
non-Federal interest for the Federal share of the 
costs the non-Federal interest has incurred in con-
struction of the project (including environmental 
mitigation costs and costs incurred for incomplete 
usable increments of the project) in accordance with 
section 204 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2232). 
SEC. 3038. PEANUT ISLAND, FLORIDA. 
The maximum amount of Federal funds that may be 
expended for the project for improvement of the quality
142
of the environment, Peanut Island, Palm Beach County, 
Florida, being carried out under section 1135 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2309a) 
shall be $9,750,000. 
SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 
The project for navigation, Tampa Harbor-Big Bend 
Channel, Florida, authorized by section 101(a)(18) of the 
Water Resources Development Act of 1999 (113 Stat. 
276) is modified to direct the Secretary to 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. 
SEC. 3040. TAMPA HARBOR CUT B, FLORIDA. 
(a) IN
GENERAL.—The project for navigation, 
Tampa Harbor, Florida, authorized by section 101 of the 
River and Harbor Act of 1970 (84 Stat. 1818), is modified 
to authorize the Secretary to construct passing lanes in 
an area approximately 3.5 miles long and centered on 
Tampa Harbor Cut B if the Secretary determines that 
such improvements are necessary for navigation safety. 
(b) GENERAL REEVAULATION REPORT.—The non-
Federal share of the cost of the general reevaluation re-
port for Tampa Harbor, Florida, being conducted on June
143
1, 2005, shall be the same percentage as the non-Federal 
share of the cost of construction of the project. 
(c) AGREEMENT.—The Secretary shall enter into a 
new partnership agreement with the non-Federal interest 
to reflect the cost sharing required by subsection (b). 
SEC. 3041. ALLATOONA LAKE, GEORGIA. 
(a) LAND EXCHANGE.—
(1) IN GENERAL.—The Secretary may exchange 
lands above 863 feet in elevation at Allatoona Lake, 
Georgia, identified in the Real Estate Design Memo-
randum prepared by the Mobile district engineer, 
April 5, 1996, and approved October 8, 1996, for 
lands on the north side of Allatoona Lake that are 
needed for wildlife management and for protection 
of the water quality and overall environment of 
Allatoona Lake. 
(2) TERMS AND CONDITIONS.—The basis for all 
land exchanges under this subsection shall be a fair 
market appraisal so that lands exchanged are of 
equal value. 
(b) 
DISPOSAL
AND
ACQUISITION
OF
LANDS, 
ALLATOONA LAKE, GEORGIA.—
(1) IN GENERAL.—The Secretary may also sell 
lands above 863 feet in elevation at Allatoona Lake, 
Georgia, identified in the memorandum referred to
144
in subsection (a)(1) and may use the proceeds to 
pay costs associated with the purchase of lands 
needed for wildlife management and for protection 
of the water quality and overall environment of 
Allatoona Lake. 
(2) TERMS AND CONDITIONS.—Land sales and 
purchases to be conducted under this subsection 
shall be subject to the following terms and condi-
tions: 
(A) Lands acquired under this subsection 
shall be by negotiated purchase from willing 
sellers only. 
(B) The basis for all transactions under 
the program shall be a fair market appraisal 
acceptable to the Secretary. 
(C) The purchasers shall share in the asso-
ciated real estate costs, to include surveys and 
associated fees in accordance with the memo-
randum referred to in subsection (a)(1). 
(D) Any other conditions that the Sec-
retary may impose. 
(c) REPEAL.—Section 325 of the Water Resources 
Development Act of 1992 (106 Stat. 4849) is repealed.
145
SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 
The maximum amount of Federal funds that may be 
expended for the project for improvement of the quality 
of the environment, Latham River, Glynn County, Geor-
gia, being carried out under section 1135 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2309a) 
shall be $6,175,000. 
SEC. 3043. DWORSHAK DAM AND RESERVOIR IMPROVE-
MENTS, IDAHO. 
The Secretary may carry out improvements to rec-
reational facilities at the Dworshak Dam and Reservoir, 
North Fork, Clearwater River, Idaho, authorized by sec-
tion 203 of the Flood Control Act of 1962 (76 Stat. 1193), 
to accommodate lower pool levels. 
SEC. 3044. BEARDSTOWN COMMUNITY BOAT HARBOR, 
BEARDSTOWN, ILLINOIS. 
(a) IN
GENERAL.—The project for navigation, 
Muscooten Bay, Illinois River, Beardstown Community 
Boat Harbor, Beardstown, Illinois, constructed under sec-
tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 
577), is modified—
(1) to include the channel between the harbor 
and the Illinois River; and 
(2) to direct the Secretary to enter into a part-
nership agreement with the city of Beardstown to 
replace the local cooperation agreement dated Au-
146
gust 18, 1983, with the Beardstown Community 
Park District. 
(b) TERMS
OF PARTNERSHIP AGREEMENT.—The 
partnership agreement referred to in subsection (a) shall 
include the same rights and responsibilities as the local 
cooperation agreement dated August 18, 1983, changing 
only the identity of the non-Federal sponsor. 
(c) MAINTENANCE.—Following execution of the part-
nership agreement referred to in subsection (a), the Sec-
retary may carry out maintenance of the project referred 
to in subsection (a) on an annual basis. 
SEC. 3045. CACHE RIVER LEVEE, ILLINOIS. 
The Cache River Levee constructed for flood control 
at the Cache River, Illinois, and authorized by the Act of 
June 28, 1938 (52 Stat. 1217), is modified to add envi-
ronmental restoration as a project purpose. 
SEC. 3046. CHICAGO RIVER, ILLINOIS. 
The navigation channel for the North Branch Canal 
portion of the Chicago River, authorized by the first sec-
tion of the Rivers and Harbors Appropriations Act of 
March 3, 1899 (30 Stat. 1129), extending from 100 feet 
downstream of the Halsted Street Bridge to 100 feet up-
stream of the Division Street Bridge is modified to be no 
wider than 66 feet.
147
SEC. 3047. CHICAGO SANITARY AND SHIP CANAL DIS-
PERSAL BARRIERS PROJECT, ILLINOIS. 
(a) TREATMENT AS SINGLE PROJECT.—The Chicago 
Sanitary and Ship Canal Dispersal Barrier Project (in this 
section referred to as ‘‘Barrier I’’) (as in existence on the 
date of enactment of this Act), constructed as a dem-
onstration project under section 1202(i)(3) of the Non-
indigenous Aquatic Nuisance Prevention and Control Act 
of 1990 (16 U.S.C. 4722(i)(3)), and the project relating 
to the Chicago Sanitary and Ship Canal Dispersal Barrier, 
authorized by section 345 of the District of Columbia Ap-
propriations Act, 2005 (Public Law 108–335; 118 Stat. 
1352) (in this section referred to as ‘‘Barrier II’’), shall 
be considered to constitute a single project. 
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary, at Federal 
expense, shall—
(A) upgrade and make permanent Barrier 
I; 
(B) construct Barrier II, notwithstanding 
the project cooperation agreement with the 
State of Illinois dated June 14, 2005; 
(C) operate and maintain Barrier I and 
Barrier II as a system to optimize effectiveness; 
(D) conduct, in consultation with appro-
priate Federal, State, local, and nongovern-
148
mental entities, a study of a range of options 
and technologies for reducing impacts of haz-
ards that may reduce the efficacy of the Bar-
riers; and 
(E) provide to each State a credit in an 
amount equal to the amount of funds contrib-
uted by the State toward Barrier II. 
(2) USE
OF
CREDIT.—A State may apply a 
credit provided to the State under paragraph (1)(E) 
to any cost sharing responsibility for an existing or 
future Federal project carried out by the Secretary 
in the State. 
(c) CONFORMING AMENDMENT.—Section 345 of the 
District of Columbia Appropriations Act, 2005 (Public 
Law 108–335; 118 Stat. 1352), is amended to read as 
follows: 
‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DIS-
PERSAL BARRIER, ILLINOIS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary to carry out the Barrier II project 
of the project for the Chicago Sanitary and Ship Canal 
Dispersal Barrier, Illinois, initiated pursuant to section 
1135 of the Water Resources Development Act of 1986 
(33 U.S.C. 2294 note; 100 Stat. 4251).’’.
149
(d) FEASIBILITY STUDY.—The Secretary, in con-
sultation with appropriate Federal, State, local, and non-
governmental entities, shall conduct, at Federal expense, 
a feasibility study of the range of options and technologies 
available to prevent the spread of aquatic nuisance species 
between the Great Lakes and Mississippi River Basins 
through the Chicago Sanitary and Ship Canal and other 
pathways. 
SEC. 3048. EMIQUON, ILLINOIS. 
(a) MAXIMUM AMOUNT.—The maximum amount of 
Federal funds that may be expended for the project for 
aquatic ecosystem restoration, Emiquon, Illinois, being 
carried out under section 206 of the Water Resources De-
velopment Act of 1996 (33 U.S.C. 2330), shall be 
$7,500,000. 
(b) LIMITATION.—Nothing in this section shall affect 
the eligibility of the project for emergency repair assist-
ance under section 5(a) of the Act entitled ‘‘An Act au-
thorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes’’, 
approved August 18, 1941 (33 U.S.C. 701n). 
SEC. 3049. LASALLE, ILLINOIS. 
In carrying out section 312 of the Water Resources 
Development Act of 1990 (104 Stat. 4639–4640), the Sec-
150
retary shall give priority to work in the vicinity of LaSalle, 
Illinois, on the Illinois and Michigan Canal. 
SEC. 3050. SPUNKY BOTTOMS, ILLINOIS. 
(a) PROJECT PURPOSE.—The project for flood con-
trol, Spunky Bottoms, Illinois, authorized by section 5 of 
the Flood Control Act of June 22, 1936 (49 Stat. 1583), 
is modified to add environmental restoration as a project 
purpose. 
(b) MAXIMUM AMOUNT.—The maximum amount of 
Federal funds that may be expended for the project for 
improvement of the quality of the environment, Spunky 
Bottoms, Illinois, being carried out under section 1135 of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2309a), shall be $7,500,000. 
(c) LIMITATION.—Nothing in this section shall affect 
the eligibility of the project for emergency repair assist-
ance under section 5(a) of the Act entitled ‘‘An Act au-
thorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes’’, 
approved August 18, 1941 (33 U.S.C. 701n). 
SEC. 3051. FORT WAYNE AND VICINITY, INDIANA. 
The project for flood control Fort Wayne, St. Mary’s 
and Maumee Rivers, Indiana, authorized by section 
101(a)(11) of the Water Resources Development Act of 
1990 (104 Stat. 4604), is modified—
151
(1) to direct the Secretary to provide a 100-
year level of flood protection at the Berry-Thieme, 
Park-Thompson, Woodhurst, and Tillman sites 
along the St. Mary’s River, Fort Wayne and vicinity, 
Indiana, at a total cost of $5,300,000; and 
(2) to allow the non-Federal interest to partici-
pate in the financing of the project in accordance 
with section 903(c) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4184) to the extent 
that the Secretary’s evaluation indicates that apply-
ing such section is necessary to implement the 
project. 
SEC. 3052. KOONTZ LAKE, INDIANA. 
The project for aquatic ecosystem restoration, Koontz 
Lake, Indiana, being carried out under section 206 of the 
Water Resources Development Act of 1996 (33 U.S.C. 
2330) and modified by section 520 of the Water Resources 
Development Act of 2000 (114 Stat. 2655), is further 
modified to direct the Secretary to seek to reduce the cost 
of the project by using innovative technologies and cost 
reduction measures determined from a review of non-Fed-
eral lake dredging projects in the vicinity of Koontz Lake. 
SEC. 3053. WHITE RIVER, INDIANA. 
The project for flood control, Indianapolis on West 
Fork of White River, Indiana, authorized by section 5 of
152
the Act entitled ‘‘An Act authorizing the construction of 
certain public works on rivers and harbors for flood con-
trol, and for other purposes’’, approved June 22, 1936 (49 
Stat. 1586), and modified by section 323 of the Water 
Resources Development Act of 1996 (110 Stat. 3716) and 
section 322 of the Water Resources Development Act of 
1999 (113 Stat. 303–304), is further modified—
(1) to authorize the Secretary to undertake the 
riverfront alterations described in the Central Indi-
anapolis Waterfront Concept Plan, dated February 
1994, for the Fall Creek Reach feature at a total 
cost of $28,545,000; and 
(2) to direct the Secretary to 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 Sec-
retary determines that the work is integral to the 
project. 
SEC. 3054. DES MOINES RIVER AND GREENBELT, IOWA. 
The project for the Des Moines Recreational River 
and Greenbelt, Iowa, authorized by Public Law 99–88 and 
modified by section 604 of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4153), is modified to include
153
enhanced public access and recreational enhancements, at 
a Federal cost of $3,000,000. 
SEC. 3055. RATHBUN LAKE, IOWA. 
(a) RIGHT OF FIRST REFUSAL.—The Secretary shall 
provide, in accordance with the recommendations in the 
Rathbun Lake Reallocation Report approved by the Chief 
of Engineers on July 22, 1985, the Rathbun Regional 
Water Association with the right of first refusal to con-
tract for or purchase any increment of the remaining allo-
cation (8,320 acre-feet) of water supply storage in 
Rathbun Lake, Iowa. 
(b) PAYMENT
OF COST.—The Rathbun Regional 
Water Association shall pay the cost of any water supply 
storage allocation provided under subsection (a). 
SEC. 3056. PRESTONSBURG, KENTUCKY. 
The Prestonsburg, Kentucky, element of the project 
for flood control, Levisa and Tug Fork of the Big Sandy 
and Cumberland Rivers, West Virginia, Virginia, and Ken-
tucky, authorized by section 202(a) of the Energy and 
Water Development Appropriations Act, 1981 (94 Stat. 
1339), is modified to direct the Secretary to take measures 
to provide a 100-year level of flood protection for the city 
of Prestonsburg.
154
SEC. 3057. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 
EAST BATON ROUGE PARISH WATERSHED. 
The project for flood damage reduction and recre-
ation, Amite River and Tributaries, Louisiana, East 
Baton Rouge Parish Watershed, authorized by section 
101(a)(21) of the Water Resources Development Act of 
1999 (113 Stat. 277) and modified by section 116 of divi-
sion D of Public Law 108–7 (117 Stat. 140), is further 
modified—
(1) to direct the Secretary to carry out the 
project with the cost sharing for the project deter-
mined in accordance with section 103(a) of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2213(a)), as in effect on October 11, 1996; 
(2) to authorize the Secretary to construct the 
project at a total cost of $187,000,000; and 
(3) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of work carried out by the non-Federal interest be-
fore the date of the partnership agreement for the 
project if the Secretary determines that the work is 
integral to the project. 
SEC. 3058. ATCHAFALAYA BASIN, LOUISIANA. 
(a) IN GENERAL.—Section 315(a)(1) of the Water 
Resources Development Act of 2000 (114 Stat. 2603–
2604) is amended to read as follows:
155
‘‘(1) is authorized to study, design, construct, 
operate, and maintain, at Federal expense, a Type 
A Regional Visitor Center in the vicinity of Morgan 
City, Louisiana, in consultation with the State of 
Louisiana, to provide information to the public on 
the Atchafalaya River system and other associated 
waterways that have influenced surrounding commu-
nities, and national and local water resources devel-
opment of the Army Corps of Engineers in South 
Central Louisiana; and’’. 
(b) TECHNICAL CORRECTION.—Section 315(b) of 
such Act is amended by striking ‘‘(a)’’ and inserting 
‘‘(a)(2)’’. 
(c) DONATIONS.—Section 315 of such Act is amend-
ed by adding at the end the following: 
‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 
the Mississippi River Commission is authorized to accept 
the donation of cash, funds, lands, materials, and services 
from non-Federal governmental entities and nonprofit cor-
porations.’’. 
SEC. 3059. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU-
ISIANA. 
The public access feature of the Atchafalaya Basin 
Floodway System project, Louisiana, authorized by sec-
tion 601(a) of the Water Resources Development Act
156
1986 (100 Stat. 4142), is modified to authorize the Sec-
retary to acquire from willing sellers the fee interest, ex-
clusive of oil, gas, and minerals, of an additional 20,000 
acres of land within the Lower Atchafalaya Basin 
Floodway for the public access feature of the Atchafalaya 
Basin Floodway System, to enhance fish and wildlife re-
sources, at a total cost of $4,000,000. 
SEC. 3060. BAYOU PLAQUEMINE, LOUISIANA. 
The project for the improvement of the quality of the 
environment, Bayou Plaquemine, Louisiana, being carried 
out under section 1135 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 
the Secretary to credit toward the non-Federal share of 
the cost of the project the cost of 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. 
SEC. 3061. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 
RIVER TO SHREVEPORT, LOUISIANA. 
The project for mitigation of fish and wildlife losses, 
J. Bennett Johnston Waterway, Mississippi River to 
Shreveport, Louisiana, authorized by section 601(a) of the 
Water Resources Development Act of 1986 (100 Stat. 
4142) and modified by section 4(h) of the Water Re-
sources Development Act of 1988 (102 Stat. 4016), sec-
157
tion 102(p) of the Water Resources Development Act of 
1990 (104 Stat. 4613), section 301(b)(7) of the Water 
Resources Development Act of 1996 (110 Stat. 3710), and 
section 316 of the Water Resources Development Act of 
2000 (114 Stat. 2572), is further modified—
(1) to authorize the purchase and reforesting of 
lands that have been cleared or converted to agricul-
tural uses; and 
(2) to incorporate current wildlife and forestry 
management practices for the purpose of improving 
species diversity on mitigation lands that meet Fed-
eral and State of Louisiana habitat goals and objec-
tives. 
SEC. 3062. MELVILLE, LOUISIANA. 
Section 315(a)(2) of the Water Resources Develop-
ment Act of 2000 (114 Stat. 2603) is amended by insert-
ing before the period at the end the following: ‘‘and may 
include the town of Melville, Louisiana, as one of the alter-
native sites’’. 
SEC. 3063. MISSISSIPPI DELTA REGION, LOUISIANA. 
The Mississippi Delta Region project, Louisiana, au-
thorized as part of the project for hurricane-flood protec-
tion on Lake Pontchartrain, Louisiana, by section 204 of 
the Flood Control Act of 1965 (79 Stat. 1077) and modi-
fied by section 365 of the Water Resources Development
158
Act of 1996 (110 Stat. 3739), is further modified to direct 
the Secretary to credit toward the non-Federal share of 
the cost of the project the costs of relocating oyster beds 
in the Davis Pond project area if the Secretary determines 
that the work is integral to the Mississippi Delta Region 
project. 
SEC. 3064. NEW ORLEANS TO VENICE, LOUISIANA. 
The New Orleans to Venice, Louisiana, project for 
hurricane protection, authorized by section 203 of the 
Flood Control Act of 1962 (76 Stat. 1184), is modified 
to authorize the Secretary to carry out the work on the 
St. Jude to City Price, Upper Reach A back levee. The 
Federal share of the cost of such work shall be 70 percent. 
SEC. 3065. WEST BANK OF THE MISSISSIPPI RIVER (EAST 
OF HARVEY CANAL), LOUISIANA. 
Section 328 of the Water Resources Development Act 
of 1999 (113 Stat. 304–305) is amended—
(1) in subsection (a)—
(A) by striking ‘‘operation and mainte-
nance’’ and inserting ‘‘operation, maintenance, 
rehabilitation, repair, and replacement’’; and 
(B) by striking ‘‘Algiers Channel’’ and in-
serting ‘‘Algiers Canal Levees’’; and 
(2) by adding at the end the following:
159
‘‘(c) COST SHARING.—The non-Federal share of the 
cost of the project shall be 35 percent.’’. 
SEC. 3066. CAMP ELLIS, SACO, MAINE. 
The maximum amount of Federal funds that may be 
expended for the project being carried out under section 
111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 
for the mitigation of shore damages attributable to the 
project for navigation, Camp Ellis, Saco, Maine, shall be 
$26,900,000. 
SEC. 3067. DETROIT RIVER SHORELINE, DETROIT, MICHI-
GAN. 
(a) IN
GENERAL.—The project for emergency 
streambank and shoreline protection, Detroit River Shore-
line, Detroit, Michigan, being carried out under section 14 
of the Flood Control Act of 1946 (33 U.S.C. 701r), is 
modified to include measures to enhance public access. 
(b) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for 
the project shall be $3,000,000. 
SEC. 3068. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI-
GAN. 
Section 426 of the Water Resources Development Act 
of 1999 (113 Stat. 326) is amended to read as follows:
160
‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI-
GAN. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) MANAGEMENT PLAN.—The term ‘manage-
ment plan’ means the management plan for the St. 
Clair River and Lake St. Clair, Michigan, that is in 
effect as of the date of enactment of the Water Re-
sources Development Act of 2006. 
‘‘(2) PARTNERSHIP.—The term ‘partnership’ 
means the partnership established by the Secretary 
under subsection (b)(1). 
‘‘(b) PARTNERSHIP.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and lead a partnership of appropriate Federal 
agencies (including the Environmental Protection 
Agency) and the State of Michigan (including polit-
ical subdivisions of the State)—
‘‘(A) to promote cooperation among the 
Federal, State, and local governments and other 
involved parties in the management of the St. 
Clair River and Lake St. Clair watersheds; and 
‘‘(B) develop and implement projects con-
sistent with the management plan. 
‘‘(2) COORDINATION
WITH
ACTIONS
UNDER 
OTHER LAW.—
161
‘‘(A) IN GENERAL.—Actions taken under 
this section by the partnership shall be coordi-
nated with actions to restore and conserve the 
St. Clair River and Lake St. Clair and water-
sheds taken under other provisions of Federal 
and State law. 
‘‘(B) NO EFFECT ON OTHER LAW.—Noth-
ing in this section alters, modifies, or affects 
any other provision of Federal or State law. 
‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND 
LAKE ST. CLAIR MANAGEMENT PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) develop a St. Clair River and Lake 
St. Clair strategic implementation plan in ac-
cordance with the management plan; 
‘‘(B) provide technical, planning, and engi-
neering assistance to non-Federal interests for 
developing and implementing activities con-
sistent with the management plan; 
‘‘(C) plan, design, and implement projects 
consistent with the management plan; and 
‘‘(D) provide, in coordination with the Ad-
ministrator of the Environmental Protection 
Agency, financial and technical assistance, in-
cluding grants, to the State of Michigan (in-
162
cluding political subdivisions of the State) and 
interested nonprofit entities for the planning, 
design, and implementation of projects to re-
store, conserve, manage, and sustain the St. 
Clair River, Lake St. Clair, and associated wa-
tersheds. 
‘‘(2) SPECIFIC MEASURES.—Financial and tech-
nical assistance provided under subparagraphs (B) 
and (C) of paragraph (1) may be used in support of 
non-Federal activities consistent with the manage-
ment plan. 
‘‘(d) SUPPLEMENTS
TO MANAGEMENT PLAN
AND 
STRATEGIC IMPLEMENTATION PLAN.—In consultation 
with the partnership and after providing an opportunity 
for public review and comment, the Secretary shall develop 
information to supplement—
‘‘(1) the management plan; and 
‘‘(2) the strategic implementation plan devel-
oped under subsection (c)(1)(A). 
‘‘(e) COST SHARING.—
‘‘(1) IN-KIND
SERVICES.—The non-Federal 
share of the cost of technical assistance under sub-
section (c), the cost of planning, design, and con-
struction of a project under subsection (c), and the 
cost of development of supplementary information
163
under subsection (d) may be provided through the 
provision of in-kind services. 
‘‘(2) CREDIT
FOR
LAND, EASEMENTS, AND 
RIGHTS-OF-WAY.—The Secretary shall credit the 
non-Federal sponsor for the value of any land, ease-
ments, rights-of-way, dredged material disposal 
areas, or relocations required in carrying out a 
project under subsection (c). 
‘‘(3) NONPROFIT
ENTITIES.—Notwithstanding 
section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), a non-Federal interest for any 
project carried out under this section may include a 
nonprofit entity. 
‘‘(4) OPERATION AND MAINTENANCE.—The op-
eration, maintenance, repair, rehabilitation, and re-
placement of projects carried out under this section 
shall be non-Federal responsibilities. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year.’’. 
SEC. 3069. ST. JOSEPH HARBOR, MICHIGAN. 
The Secretary shall expedite development of the 
dredged material management plan for the project for 
navigation, St. Joseph Harbor, Michigan, authorized by
164
section 101 of the River and Harbor Act of 1958 (72 Stat. 
299). 
SEC. 3070. SAULT SAINTE MARIE, MICHIGAN. 
(a) IN GENERAL.—The text of section 1149 of the 
Water Resources Development Act of 1986 (100 Stat. 
4254) is amended to read as follows:
‘‘The Secretary shall construct at Federal expense a 
second lock, of a width not less than 110 feet and a length 
not less than 1,200 feet, adjacent to the existing lock at 
Sault Sainte Marie, Michigan, generally in accordance 
with the report of the Board of Engineers for Rivers and 
Harbors, dated May 19, 1986, and the limited reevalua-
tion report dated February 2004 at a total cost of 
$341,714,000.’’. 
(b) CONFORMING REPEALS.—The following provi-
sions are repealed: 
(1) Section 107(a)(8) of the Water Resources 
Development Act of 1990 (104 Stat. 4620). 
(2) Section 330 of the Water Resources Devel-
opment Act of 1996 (110 Stat. 3717–3718). 
(3) Section 330 of the Water Resources Devel-
opment Act of 1999 (113 Stat. 305). 
SEC. 3071. ADA, MINNESOTA. 
(a) IN GENERAL.—The project for flood damage re-
duction, Wild Rice River, Ada, Minnesota, being carried
165
out under section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s), is modified to authorize the Secretary 
to consider national ecosystem restoration benefits in de-
termining the Federal interest in the project. 
(b) EVALUATION
OF BENEFITS
AND COSTS.—In 
evaluating the economic benefits and costs for the project, 
the Secretary shall not consider the emergency levee adja-
cent to Judicial Ditch No. 51 in the determination of con-
ditions existing prior to construction of the project. 
(c) SPECIAL RULE.—In evaluating and implementing 
the project, the Secretary shall allow the non-Federal in-
terest to participate in the financing of the project in ac-
cordance with section 903(c) of the Water Resources De-
velopment Act of 1986 (100 Stat. 4184) to the extent that 
the Secretary’s evaluation indicates that applying such 
section is necessary to implement the project. 
SEC. 3072. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 
(a) IN GENERAL.—The project for navigation, Du-
luth Harbor, McQuade Road, Minnesota, being carried out 
under section 107 of the River and Harbor Act of 1960 
(33 U.S.C. 577) and modified by section 321 of the Water 
Resources Development Act of 2000 (114 Stat. 2605), is 
further modified to authorize the Secretary to provide 
public access and recreational facilities as generally de-
scribed in the Detailed Project Report and Environmental
166
Assessment, McQuade Road Harbor of Refuge, Duluth, 
Minnesota, dated August 1999. 
(b) CREDIT.—The Secretary shall provide credit to-
ward the non-Federal share of the cost of the project for 
the costs of design work carried out before the date of 
the partnership agreement for the project if the Secretary 
determines that the work is integral to the project. 
(c) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for 
the project shall be $9,000,000. 
SEC. 3073. GRAND MARAIS, MINNESOTA. 
The project for navigation, Grand Marais, Minnesota, 
carried out under section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577) is modified to direct the Sec-
retary to provide credit toward the non-Federal share of 
the cost of the project the cost of design work carried out 
before the date of the partnership agreement for the 
project if the Secretary determines that the work is inte-
gral to the project. 
SEC. 3074. GRAND PORTAGE HARBOR, MINNESOTA. 
The Secretary shall provide credit toward the non-
Federal share of the cost of the navigation project for 
Grand Portage Harbor, Minnesota, carried out under sec-
tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 
577), for the costs of design work carried out before the
167
date of the partnership agreement for the project if the 
Secretary determines that the work is integral to the 
project. 
SEC. 3075. GRANITE FALLS, MINNESOTA. 
(a) IN GENERAL.—The Secretary is directed to im-
plement under section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s) the locally preferred plan for flood 
damage reduction, Granite Falls, Minnesota, substantially 
in accordance with the detailed project report dated 2002, 
at a total cost of $12,000,000, with an estimated Federal 
cost of $8,000,000 and an estimated non-Federal cost of 
$4,000,000. 
(b) PROJECT FINANCING.—In evaluating and imple-
menting the project under this section, the Secretary shall 
allow the non-Federal interests to participate in the fi-
nancing of the project in accordance with section 903(c) 
of the Water Resources Development Act of 1986 (100 
Stat. 4184), to the extent that the detailed project report 
evaluation indicates that applying such section is nec-
essary to implement the project. 
(c) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the project the cost of design and 
construction work carried out by the non-Federal interest 
before the date of execution of a partnership agreement
168
for the project if the Secretary determines that the work 
is integral to the project. 
(d) MAXIMUM FUNDING.—The maximum amount of 
Federal funds that may be expended for the flood damage 
reduction shall be $8,000,000. 
SEC. 3076. KNIFE RIVER HARBOR, MINNESOTA. 
The project for navigation, Harbor at Knife River, 
Minnesota, authorized by section 2 of the Rivers and Har-
bors Act of March 2, 1945 (59 Stat. 19), is modified to 
direct the Secretary to develop a final design and prepare 
plans and specifications to correct the harbor entrance and 
mooring conditions at the project. 
SEC. 3077. RED LAKE RIVER, MINNESOTA. 
The project for flood control, Red Lake River, 
Crookston, Minnesota, authorized by section 101(a)(23) of 
the Water Resources Development Act of 1999 (113 Stat. 
278), is modified to include flood protection for the adja-
cent and interconnected areas generally known as the 
Sampson and Chase/Loring neighborhoods, in accordance 
with the feasibility report supplement for local flood pro-
tection, Crookston, Minnesota, at a total cost of 
$25,000,000, with an estimated Federal cost of 
$16,250,000 and an estimated non-Federal cost of 
$8,750,000.
169
SEC. 3078. SILVER BAY, MINNESOTA. 
The project for navigation, Silver Bay, Minnesota, 
authorized by section 2 of the Rivers and Harbors Act 
of March 2, 1945 (59 Stat. 19), is modified to include 
operation and maintenance of the general navigation fa-
cilities as a Federal responsibility. 
SEC. 3079. TACONITE HARBOR, MINNESOTA. 
The project for navigation, Taconite Harbor, Min-
nesota, carried out under section 107 of the River and 
Harbor Act of 1960 (33 U.S.C. 577), is modified to in-
clude operation and maintenance of the general navigation 
facilities as a Federal responsibility. 
SEC. 3080. TWO HARBORS, MINNESOTA. 
(a) IN GENERAL.—The project for navigation, Two 
Harbors, Minnesota, being carried out under section 107 
of the River and Harbor Act of 1960 (33 U.S.C. 577), 
is modified to include construction of a dredged material 
disposal facility, including actions required to clear the 
site. 
(b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—
Non-Federal interests shall be responsible for providing all 
lands, easements, rights-of-way, and relocations necessary 
for the construction of the dredged material disposal facil-
ity.
170
(c) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for 
the project shall be $7,000,000. 
SEC. 3081. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 
The project for ecosystem restoration, Deer Island, 
Harrison County, Mississippi, being carried out under sec-
tion 204 of the Water Resources Development Act of 1992 
(33 U.S.C. 2326), is modified to authorize the non-Fed-
eral interest to provide any portion of the non-Federal 
share of the cost of the project in the form of in-kind serv-
ices and materials. 
SEC. 3082. PEARL RIVER BASIN, MISSISSIPPI. 
(a) IN GENERAL.—The Secretary shall complete a 
feasibility study for the project for flood damage reduc-
tion, Pearl River Watershed, Mississippi. 
(b) COMPARISON OF ALTERNATIVES.—The feasibility 
study shall identify both the plan that maximizes national 
economic development benefits and the locally preferred 
plan and shall compare the level of flood damage reduction 
provided by each plan to that portion of Jackson, Mis-
sissippi, located below the Ross Barnett Reservoir Dam. 
(c) RECOMMENDED PLAN.—If the Secretary deter-
mines that the locally preferred plan provides a level of 
flood damage reduction that is equal to or greater than 
the level of flood damage reduction provided by the na-
171
tional economic development plan and the locally preferred 
plan is technically feasible and environmentally protective, 
the Secretary shall recommend construction of the locally 
preferred plan. 
(d) EVALUATION OF PROJECT COST.—For the pur-
poses of determining compliance with the first section of 
the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 
the Secretary shall consider only the costs of the national 
economic development plan and shall exclude incremental 
costs associated with the locally preferred plan that are 
in excess of such costs if the non-Federal interest agrees 
to pay 100 percent of such incremental costs. 
(e) NON-FEDERAL COST SHARE.—If the locally pre-
ferred plan is authorized for construction, the non-Federal 
share of the cost of the project shall be the same percent-
age as the non-Federal share of the cost of the national 
economic development plan plus all additional costs of con-
struction associated with the locally preferred plan. 
SEC. 3083. FESTUS AND CRYSTAL CITY, MISSOURI. 
Section 102(b)(1) of the Water Resources Develop-
ment Act of 1999 (113 Stat. 282) is amended by striking 
‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 
SEC. 3084. L–15 LEVEE, MISSOURI. 
The portion of the L–15 levee system that is under 
the jurisdiction of the Consolidated North County Levee
172
District and situated along the right descending bank of 
the Mississippi River from the confluence of that river 
with the Missouri River and running upstream approxi-
mately 14 miles shall be considered to be a Federal levee 
for purposes of cost sharing under section 5 of the Act 
of August 18, 1941 (33 U.S.C. 701n). 
SEC. 3085. MONARCH-CHESTERFIELD, MISSOURI. 
The project for flood damage reduction, Monarch-
Chesterfield, Missouri, authorized by section 101(b)(18) 
of the Water Resources Development Act of 2000 (114 
Stat. 2578), is modified to direct the Secretary to credit 
toward the non-Federal share of the cost of the project 
the cost of the 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. 
SEC. 3086. RIVER DES PERES, MISSOURI. 
The projects for flood control, River Des Peres, Mis-
souri, authorized by section 101(a)(17) of the Water Re-
sources Development Act of 1990 (104 Stat. 4607) and 
section 102(13) of the Water Resources Development Act 
of 1996 (110 Stat. 3668), are each modified to direct the 
Secretary to credit toward the non-Federal share of the 
cost of the project the cost of work carried out by the 
non-Federal interest before the date of the partnership
173
agreement for the project if the Secretary determines that 
the work is integral to the project. 
SEC. 3087. ANTELOPE CREEK, LINCOLN, NEBRASKA. 
The project for flood damage reduction, Antelope 
Creek, 
Lincoln, 
Nebraska, 
authorized 
by 
section 
101(b)(19) of the Water Resources Development Act of 
2000 (114 Stat. 2578), is modified—
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of design and construction work carried out by the 
non-Federal interest before the date of the partner-
ship agreement for the project if the Secretary de-
termines that the work is integral to the project; and 
(2) to allow the non-Federal interest for the 
project to use, and to direct the Secretary to accept, 
funds provided under any other Federal program, to 
satisfy, in whole or in part, the non-Federal share 
of the project if such funds are authorized to be 
used to carry out the project. 
SEC. 3088. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 
The project for ecosystem restoration and flood dam-
age reduction, Sand Creek watershed, Wahoo, Nebraska, 
authorized by section 101(b)(20) of the Water Resources 
Development Act of 2000 (114 Stat. 2578), is modified—
174
(1) to direct the Secretary to provide credit to-
ward the non-Federal share of the cost of the project 
or reimbursement for the costs of any work that has 
been or will be performed by the non-Federal inter-
est before, on, or after the approval of the project 
partnership agreement, including work performed by 
the non-Federal interest in connection with the de-
sign and construction of 7 upstream detention stor-
age structures, if the Secretary determines that the 
work is integral to the project; 
(2) to require that in-kind work to be credited 
under paragraph (1) be subject to audit; and 
(3) to direct the Secretary to accept advance 
funds from the non-Federal interest as needed to 
maintain the project schedule. 
SEC. 3089. WESTERN SARPY AND CLEAR CREEK, NEBRASKA. 
The project for ecosystem restoration and flood dam-
age reduction, authorized by section 101(b)(21) of the 
Water Resources Development Act of 2000 (114 Stat. 
2578), is modified to authorize the Secretary to construct 
the project at a total cost of $21,664,000, with an esti-
mated Federal cost of $14,082,000 and an estimated non-
Federal cost of $7,582,000.
175
SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 
NEW JERSEY. 
The project for navigation mitigation, ecosystem res-
toration, shore protection, and hurricane and storm dam-
age reduction, Lower Cape May Meadows, Cape May 
Point, New Jersey, authorized by section 101(a)(25) of 
the Water Resources Development Act of 1999 (113 Stat. 
278), is modified to incorporate the project for shoreline 
erosion control, Cape May Point, New Jersey, carried out 
under section 5 of the Act entitled ‘‘An Act authorizing 
Federal participation in the cost of protecting the shores 
of publicly owned property’’, approved August 13, 1946 
(33 U.S.C. 426h), if the Secretary determines that such 
incorporation is feasible. 
SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 
NEW JERSEY. 
The project for flood control, Passaic River, New Jer-
sey and New York, authorized by section 101(a)(18) of 
the Water Resources Development Act of 1990 (104 Stat. 
4607) and modified by section 327 of the Water Resources 
Development Act of 2000 (114 Stat. 2607), is further 
modified to direct the Secretary to include the benefits and 
costs of preserving natural flood storage in any future eco-
nomic analysis of the project.
176
SEC. 3092. BUFFALO HARBOR, NEW YORK. 
The project for navigation, Buffalo Harbor, New 
York, authorized by section 101 of the River and Harbor 
Act of 1962 (76 Stat. 1176), is modified to include meas-
ures to enhance public access, at Federal cost of 
$500,000. 
SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. 
Section 554 of the Water Resources Development Act 
of 1996 (110 Stat. 3781) is amended by striking ‘‘max-
imum Federal cost of $5,200,000’’ and inserting ‘‘total 
cost of $20,000,000’’. 
SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW 
YORK AND NEW JERSEY. 
The navigation project, Port of New York and New 
Jersey, New York and New Jersey, authorized by section 
101(a)(2) of the Water Resources Development Act of 
2000 (114 Stat. 2576), is modified—
(1) to authorize the Secretary to allow the non-
Federal interest to construct a temporary dredged 
material storage facility to receive dredged material 
from the project if—
(A) the non-Federal interest submits, in 
writing, a list of potential sites for the tem-
porary storage facility to the Committee on 
Transportation and Infrastructure of the House 
of Representatives, the Committee on Environ-
177
ment and Public Works of the Senate, and the 
Secretary at least 180 days before the selection 
of the final site; and 
(B) at least 70 percent of the dredged ma-
terial generated in connection with the project 
suitable for beneficial reuse will be used at sites 
in the State of New Jersey to the extent that 
there are sufficient sites available; and 
(2) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of construction of the temporary storage facility if 
the Secretary determines that the work is integral to 
the project. 
SEC. 3095. NEW YORK STATE CANAL SYSTEM. 
Section 553(c) of the Water Resources Development 
Act of 1996 (110 Stat. 3781) is amended to read as fol-
lows: 
‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.—
In this section, the term ‘New York State Canal System’ 
means the 524 miles of navigable canal that comprise the 
New York State Canal System, including the Erie, Ca-
yuga-Seneca, Oswego, and Champlain Canals and the his-
toric alignments of these canals, including the cities of Al-
bany, Rochester, and Buffalo.’’.
178
SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. 
Section 507(1) of the Water Resources Development 
Act of 1996 (110 Stat. 3758) is amended by striking 
‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 
SEC. 3097. MAHONING RIVER, OHIO. 
In carrying out the project for environmental dredg-
ing, authorized by section 312(f)(4) of the Water Re-
sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 
the Secretary is directed to credit toward the non-Federal 
share of the cost of the project the cost of work carried 
out by the non-Federal interest before the date of the part-
nership agreement for the project if the Secretary deter-
mines that the work is integral to the project. 
SEC. 3098. DELAWARE RIVER, PENNSYLVANIA, NEW JER-
SEY, AND DELAWARE. 
The Secretary may remove debris from the project 
for navigation, Delaware River, Pennsylvania, New Jersey, 
and Delaware, Philadelphia to the Sea. 
SEC. 3099. RAYSTOWN LAKE, PENNSYLVANIA. 
The Secretary may take such action as may be nec-
essary, including construction of a breakwater, to prevent 
shoreline erosion between .07 and 2.7 miles south of Penn-
sylvania State Route 994 on the east shore of Raystown 
Lake, Pennsylvania.
179
SEC. 3100. SHERADEN PARK STREAM AND CHARTIERS 
CREEK, 
ALLEGHENY 
COUNTY, 
PENNSYL-
VANIA. 
The project for aquatic ecosystem restoration, 
Sheraden Park Stream and Chartiers Creek, Allegheny 
County, Pennsylvania, being carried out under section 206 
of the Water Resources Development Act of 1996 (33 
U.S.C. 2330), is modified to direct the Secretary to credit 
up to $400,000 toward the non-Federal share of the cost 
of the project for planning and design work carried out 
by the non-Federal interest before the date of the partner-
ship agreement for the project if the Secretary determines 
that the work is integral to the project. 
SEC. 3101. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL-
VANIA. 
The project for flood control, Wyoming Valley, Penn-
sylvania, authorized by section 401(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4124), is 
modified to include as a project element the project for 
flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl-
vania. 
SEC. 3102. SOUTH CENTRAL PENNSYLVANIA. 
Section 313 of the Water Resources Development Act 
of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 
113 Stat. 310; 117 Stat. 142) is amended—
180
(1) 
in 
subsection 
(g)(1) 
by 
striking 
‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 
(2) in subsection (h)(2) by striking ‘‘Allegheny, 
Armstrong, Beford, Blair, Cambria, Clearfield, Fay-
ette, Franklin, Fulton, Greene, Huntingdon, Indi-
ana, Juniata, Mifflin, Somerset, Snyder, Wash-
ington, and Westmoreland Counties’’ and inserting 
‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 
Fayette, Franklin, Fulton, Greene, Huntingdon, In-
diana, Juniata, Somerset, Washington, and West-
moreland Counties’’. 
SEC. 3103. WYOMING VALLEY, PENNSYLVANIA. 
In carrying out the project for flood control, Wyo-
ming Valley, Pennsylvania, authorized by section 401(a) 
of the Water Resources Development Act of 1986 (100 
Stat. 4124), the Secretary shall coordinate with non-Fed-
eral interests to review opportunities for increased public 
access. 
SEC. 3104. CEDAR BAYOU, TEXAS. 
(a) CREDIT
FOR PLANNING
AND DESIGN.—The 
project for navigation, Cedar Bayou, Texas, reauthorized 
by section 349(a)(2) of the Water Resources Development 
Act of 2000 (114 Stat. 2632), is modified to direct the 
Secretary to credit toward the non-Federal share of the 
cost of the project the cost of planning and design work
181
carried out by the non-Federal interest for the project if 
the Secretary determines that such work is integral to the 
project. 
(b) COST SHARING.—Cost sharing for construction 
and operation and maintenance of the project shall be de-
termined in accordance with section 101 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2211). 
SEC. 3105. FREEPORT HARBOR, TEXAS. 
The project for navigation, Freeport Harbor, Texas, 
authorized by section 101 of the Rivers and Harbors Act 
of 1970 (84 Stat. 1818), is modified—
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of the planning, design, and construction work car-
ried 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 
(2) to direct the Secretary to remove the sunk-
en vessel ‘‘COMSTOCK’’ at Federal expense. 
SEC. 3106. LAKE KEMP, TEXAS. 
(a) IN GENERAL.—The Secretary may not take any 
legal or administrative action seeking to remove a Lake 
Kemp improvement before the earlier of January 1, 2020,
182
or the date of any transfer of ownership of the improve-
ment occurring after the date of enactment of this Act. 
(b) LIMITATION ON LIABILITY.—The United States, 
or any of its officers, agents, or assignees, shall not be 
liable for any injury, loss, or damage accruing to the own-
ers of a Lake Kemp improvement, their lessees, or occu-
pants as a result of any flooding or inundation of such 
improvements by the waters of the Lake Kemp reservoir, 
or for such injury, loss, or damage as may occur through 
the operation and maintenance of the Lake Kemp dam 
and reservoir in any manner. 
(c) LAKE KEMP IMPROVEMENT DEFINED.—In this 
section, the term ‘‘Lake Kemp improvement’’ means an 
improvement (including dwellings) located within the flow-
age easement of Lake Kemp, Texas, below elevation 1159 
feet mean sea level. 
SEC. 3107. LOWER RIO GRANDE BASIN, TEXAS. 
The project for flood control, Lower Rio Grande 
Basin, Texas, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4125), is 
modified—
(1) to include as part of the project flood pro-
tection works to reroute drainage to Raymondville 
Drain constructed by the non-Federal interests in 
Hidalgo County in the vicinity of Edinburg, Texas,
183
if the Secretary determines that such work meets 
feasibility requirements; 
(2) to direct the Secretary to 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 Sec-
retary determines that the work is integral to the 
project; and 
(3) to direct the Secretary in calculating the 
non-Federal share of the cost of the project, to make 
a determination, within 180 days after the date of 
enactment of this Act, under section 103(m) of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2213(m)) on the non-Federal interest’s abil-
ity to pay. 
SEC. 3108. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 
TEXAS. 
The project for ecosystem restoration and storm dam-
age reduction, North Padre Island, Corpus Christi Bay, 
Texas, authorized by section 556 of the Water Resources 
Development Act of 1999 (113 Stat. 353), is modified to 
include recreation as a project purpose.
184
SEC. 3109. PAT MAYSE LAKE, TEXAS. 
The Secretary is directed to accept from the city of 
Paris, Texas, $3,461,432 as payment in full of monies 
owed to the United States for water supply storage space 
in Pat Mayse Lake, Texas, under contract number DA–
34–066–CIVENG–65–1272, including accrued interest. 
SEC. 3110. PROCTOR LAKE, TEXAS. 
The Secretary is authorized to purchase fee simple 
title to all properties located within the boundaries, and 
necessary for the operation, of the Proctor Lake project, 
Texas, authorized by section 203 of the Flood Control Act 
of 1954 (68 Stat. 1259). 
SEC. 3111. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 
The project for flood control, San Antonio Channel, 
Texas, authorized by section 203 of the Flood Control Act 
of 1954 (68 Stat. 1259) as part of the comprehensive plan 
for flood protection on the Guadalupe and San Antonio 
Rivers in Texas and modified by section 103 of the Water 
Resources Development Act of 1976 (90 Stat. 2921) and 
section 335 of the Water Resources Development Act of 
2000 (114 Stat. 2611), is further modified to authorize 
the Secretary to credit toward the non-Federal share of 
the cost of the project the cost of design and construction 
work carried out by the non-Federal interest for the 
project if the Secretary determines that the work is inte-
gral to the project.
185
SEC. 3112. TANGIER ISLAND SEAWALL, VIRGINIA. 
Section 577(a) of the Water Resources Development 
Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 
a total cost of $1,200,000, with an estimated Federal cost 
of $900,000 and an estimated non-Federal cost of 
$300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 
with an estimated Federal cost of $2,500,000 and an esti-
mated non-Federal cost of $750,000.’’. 
SEC. 3113. DUWAMISH/GREEN, WASHINGTON. 
The project for ecosystem restoration, Duwamish/
Green, Washington, authorized by section 101(b)(26) of 
the Water Resources Development Act of 2000 (114 Stat. 
2579), is modified—
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost 
of work carried out by the non-Federal interest be-
fore, on, or after the date of the partnership agree-
ment for the project if the Secretary determines that 
the work is integral to the project; and 
(2) to authorize the non-Federal interest to pro-
vide any portion of the non-Federal share of the cost 
of the project in the form of in-kind services and 
materials.
186
SEC. 3114. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH-
INGTON. 
The project for aquatic ecosystem restoration, Yak-
ima River, Port of Sunnyside, Washington, being carried 
out under section 206 of the Water Resources Develop-
ment Act of 1996 (33 U.S.C. 2330), is modified to direct 
the Secretary to credit toward the non-Federal share of 
the cost of the project the cost of 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. 
SEC. 3115. BLUESTONE LAKE, OHIO RIVER BASIN, WEST 
VIRGINIA. 
Section 102(ff) of the Water Resources Development 
Act of 1992 (106 Stat. 4810, 110 Stat. 3726, 113 Stat. 
312) is amended to read as follows: 
‘‘(ff) BLUESTONE LAKE, OHIO RIVER BASIN, WEST 
VIRGINIA.—
‘‘(1) IN GENERAL.—The project for flood con-
trol, Bluestone Lake, Ohio River Basin, West Vir-
ginia, authorized by section 4 of the Flood Control 
Act of 1938 (52 Stat. 1217) is modified to direct the 
Secretary to implement Plan C/G, as defined in the 
Evaluation Report of the District Engineer dated 
December 1996, to prohibit the release of drift and 
debris into waters downstream of the project, except
187
for that organic matter necessary to maintain and 
enhance the biological resources of such waters and 
such nonobtrusive items of debris as may not be eco-
nomically feasible to prevent being released through 
such project, including measures to prevent the ac-
cumulation of drift and debris at the project, the 
collection and removal of drift and debris on the seg-
ment of the New River upstream of the project, and 
the removal (through use of temporary or permanent 
systems) and disposal of accumulated drift and de-
bris at Bluestone Dam. 
‘‘(2) COOPERATIVE AGREEMENT.—In carrying 
out the downstream cleanup under the plan referred 
to in paragraph (1), the Secretary may enter into a 
cooperative agreement with the West Virginia De-
partment of Environmental Protection for the de-
partment to carry out the cleanup, including con-
tracting and procurement services, contract adminis-
tration and management, transportation and dis-
posal of collected materials, and disposal fees. 
‘‘(3) INITIAL
CLEANUP.—The Secretary may 
provide the department up to $150,000 from funds 
previously appropriated for this purpose for the Fed-
eral share of the costs of the initial cleanup under 
the plan.’’.
188
SEC. 3116. GREENBRIER RIVER BASIN, WEST VIRGINIA. 
Section 579(c) of the Water Resources Development 
Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 
by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 
SEC. 3117. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 
Section 30(d) of the Water Resources Development 
Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 
to read as follows: 
‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 
ensure the preservation and restoration of the structure 
known as the ‘Jenkins House’, and the reconstruction of 
associated buildings and landscape features of such struc-
ture located within the Lesage/Greenbottom Swamp in ac-
cordance with the Secretary of the Interior’s standards for 
the treatment of historic properties. Amounts made avail-
able for expenditure for the project authorized by section 
301(a) of the Water Resources Development Act of 1986 
(100 Stat. 4110) shall be available for the purposes of this 
subsection.’’. 
SEC. 3118. NORTHERN WEST VIRGINIA. 
Section 557 of the Water Resources Development Act 
of 1999 (113 Stat. 353) is amended—
(1) in the first sentence by striking ‘‘favorable’’; 
(2) by striking ‘‘$8,400,000’’ and inserting 
‘‘$12,000,000’’; and
189
(3) by striking ‘‘$4,200,000’’ each place it ap-
pears and inserting ‘‘$6,000,000’’. 
SEC. 3119. MANITOWOC HARBOR, WISCONSIN. 
The project for navigation, Manitowoc Harbor, Wis-
consin, authorized by the River and Harbor Act of August 
30, 1852 (10 Stat. 58), is modified to direct the Secretary 
to deepen the upstream reach of the navigation channel 
from 12 feet to 18 feet, at a total cost of $405,000. 
SEC. 3120. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 
Section 21 of the Water Resources Development Act 
of 1988 (102 Stat. 4027) is amended—
(1) in subsection (a)—
(A) by striking ‘‘1276.42’’ and inserting 
‘‘1278.42’’; 
(B) by striking ‘‘1218.31’’ and inserting 
‘‘1221.31’’; and 
(C) by striking ‘‘1234.82’’ and inserting 
‘‘1235.30’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) EXCEPTION.—The Secretary may operate the 
headwaters reservoirs below the minimum or above the 
maximum water levels established in subsection (a) in ac-
cordance with water control regulation manuals (or revi-
sions thereto) developed by the Secretary, after consulta-
190
tion with the Governor of Minnesota and affected tribal 
governments, landowners, and commercial and rec-
reational users. The water control regulation manuals 
(and any revisions thereto) shall be effective when the Sec-
retary transmits them to Congress. The Secretary shall 
report to Congress at least 14 days before operating any 
such headwaters reservoir below the minimum or above 
the maximum water level limits specified in subsection (a); 
except that notification is not required for operations nec-
essary to prevent the loss of life or to ensure the safety 
of the dam or if the drawdown of lake levels is in anticipa-
tion of flood control operations.’’. 
SEC. 3121. CONTINUATION OF PROJECT AUTHORIZATIONS. 
(a) 
IN
GENERAL.—Notwithstanding 
section 
1001(b)(2) of the Water Resources Development Act of 
1986 (33 U.S.C. 579a(b)(2)), the following projects shall 
remain authorized to be carried out by the Secretary: 
(1) The project for navigation, Sacramento 
Deep Water Ship Channel, California, authorized by 
section 202(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4092). 
(2) The project for flood control, Agana River, 
Guam, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 
4127).
191
(3) The project for navigation, Baltimore Har-
bor and Channels, Maryland and Virginia, author-
ized by section 101 of the River and Harbor Act of 
1970 (84 Stat. 1818). 
(4) The project for navigation, Fall River Har-
bor, Massachusetts, authorized by section 101 of the 
River and Harbor Act of 1968 (82 Stat. 731); ex-
cept that the authorized depth of that portion of the 
project extending riverward of the Charles M. 
Braga, Jr. Memorial Bridge, Fall River and Som-
erset, Massachusetts, shall not exceed 35 feet. 
(b) LIMITATION.—A project described in subsection 
(a) shall not be authorized for construction after the last 
day of the 5-year period beginning on the date of enact-
ment of this Act, unless, during such period, funds have 
been obligated for the construction (including planning 
and design) of the project. 
SEC. 3122. PROJECT REAUTHORIZATIONS. 
Each of the following projects may be carried out by 
the Secretary and no construction on any such project may 
be initiated until the Secretary determines that the project 
is feasible: 
(1) MENOMINEE HARBOR AND RIVER, MICHI-
GAN AND WISCONSIN.—The project for navigation, 
Menominee Harbor and River, Michigan and Wis-
192
consin, authorized by section 101 of the River and 
Harbor Act of 1960 (74 Stat. 482) and deauthorized 
on April 15, 2002, in accordance with section 
1001(b)(2) of the Water Resources Development Act 
of 1986 (33 U.S.C. 579a(b)(2)). 
(2) MANITOWOC
HARBOR, WISCONSIN.—That 
portion of the project for navigation, Manitowoc 
Harbor, Wisconsin, authorized by the first section of 
the River and Harbor Act of August 30, 1852 (10 
Stat. 58), consisting of the channel in the south part 
of the outer harbor, deauthorized by section 101 of 
the River and Harbor Act of 1962 (76 Stat. 1176). 
(3) HEARDING ISLAND INLET, DULUTH HAR-
BOR, 
MINNESOTA.—The 
project 
for 
dredging, 
Hearding Island Inlet, Duluth Harbor, Minnesota, 
authorized by section 22 of the Water Resources De-
velopment Act of 1988 (102 Stat. 4027). 
SEC. 3123. PROJECT DEAUTHORIZATIONS. 
(a) IN GENERAL.—The following projects are not au-
thorized after the date of enactment of this Act: 
(1) BRIDGEPORT HARBOR, CONNECTICUT.—The 
portion of the project for navigation, Bridgeport 
Harbor, Connecticut, authorized by the first section 
of the River and Harbor Act of July 3, 1930 (46 
Stat. 919), consisting of an 18-foot channel in Yel-
193
low Mill River and described as follows: Beginning 
at a point along the eastern limit of the existing 
project, N123,649.75, E481,920.54, thence running 
northwesterly 
about 
52.64 
feet 
to 
a 
point 
N123,683.03, E481,879.75, thence running north-
easterly about 1,442.21 feet to a point N125,030.08, 
E482,394.96, thence running northeasterly about 
139.52 feet to a point along the eastern limit of the 
existing channel, N125,133.87, E482,488.19, thence 
running southwesterly about 1,588.98 feet to the 
point of origin. 
(2) MYSTIC
RIVER, CONNECTICUT.—The por-
tion of the project for navigation, Mystic River, Con-
necticut, authorized by the first section of the River 
and Harbor Appropriations Act of September 19, 
1890 (26 Stat. 436) consisting of a 12-foot-deep 
channel, approximately 7,554 square feet in area, 
starting at a point N193,086.51, E815,092.78, 
thence running north 59 degrees 21 minutes 46.63 
seconds west about 138.05 feet to a point 
N193,156.86, E814,974.00, thence running north 
51 degrees 04 minutes 39.00 seconds west about 
166.57 feet to a point N193,261.51, E814,844.41, 
thence running north 43 degrees 01 minutes 34.90 
seconds 
west 
about 
86.23 
feet 
to 
a 
point
194
N193,324.55, E814,785.57, thence running north 
06 degrees 42 minutes 03.86 seconds west about 
156.57 feet to a point N193,480.05, E814,767.30, 
thence running south 21 degrees 21 minutes 17.94 
seconds east about 231.42 feet to a point 
N193,264.52, E814,851.57, thence running south 
53 degrees 34 minutes 23.28 seconds east about 
299.78 feet to the point of origin. 
(3) NEW
LONDON
HARBOR, CONNECTICUT.—
The portion of the project for navigation, New Lon-
don Harbor, Connecticut, authorized by the River 
and Harbor Appropriations Act of June 13, 1902 
(32 Stat. 333), that consists of a 23-foot waterfront 
channel and that is further described as beginning 
at a point along the western limit of the existing 
project, N188,802.75, E779,462.81, thence running 
northeasterly about 1,373.88 feet to a point 
N189,554.87, E780,612.53, thence running south-
easterly about 439.54 feet to a point N189,319.88, 
E780,983.98, thence running southwesterly about 
831.58 feet to a point N188,864.63, E780,288.08, 
thence running southeasterly about 567.39 feet to a 
point N188,301.88, E780,360.49, thence running 
northwesterly about 1,027.96 feet to the point of or-
igin.
195
(4) ROCKLAND HARBOR, MAINE.—The portion 
of the project for navigation, Rockland Harbor, 
Maine, authorized by the Act of June 3, 1896 (29 
Stat. 202), consisting of a 14-foot channel located in 
Lermond Cove and beginning at a point with coordi-
nates N9977.37, E340290.02, thence running eas-
terly about 200.00 feet to a point with coordinates 
N99978.49, E340490.02, thence running northerly 
about 138.00 feet to a point with coordinates 
N100116.49, E340289.25, thence running westerly 
about 200.00 feet to a point with coordinates 
N100115.37, E340289.25, thence running southerly 
about 138.00 feet to the point of origin. 
(5) FALMOUTH
HARBOR, MASSACHUSETTS.—
The portion of the project for navigation, th Harbor, 
Massachusetts, authorized by section 101 of the 
River and Harbor Act of 1948 (62 Stat. 1172), be-
ginning at a point along the eastern side of the inner 
harbor N200,415.05, E845,307.98, thence running 
north 25 degrees 48 minutes 54.3 seconds east 
160.24 feet to a point N200,559.20, E845,377.76, 
thence running north 22 degrees 7 minutes 52.4 sec-
onds east 596.82 feet to a point N201,112.15, 
E845,602.60, thence running north 60 degrees 1 
minute 0.3 seconds east 83.18 feet to a point
196
N201,153.72, E845,674.65, thence running south 
24 degrees 56 minutes 43.4 seconds west 665.01 
feet to a point N200,550.75, E845,394.18, thence 
running south 32 degrees 25 minutes 29.0 seconds 
west 160.76 feet to the point of origin. 
(6) ISLAND END RIVER, MASSACHUSETTS.—The 
portion of the project for navigation, Island End 
River, Massachusetts, carried out under section 107 
of the River and Harbor Act of 1960 (33 U.S.C. 
577), described as follows: Beginning at a point 
along the eastern limit of the existing project, 
N507,348.98, E721,180.01, thence running north-
east about 35 feet to a point N507,384.17, 
E721,183.36, thence running northeast about 324 
feet to a point N507,590.51, E721,433.17, thence 
running northeast about 345 feet to a point along 
the 
northern 
limit 
of 
the 
existing 
project, 
N507,927.29, E721,510.29, thence running south-
east about 25 feet to a point N507,921.71, 
E721,534.66, thence running southwest about 354 
feet to a point N507,576.65, E721,455.64, thence 
running southwest about 357 feet to the point of ori-
gin. 
(7) CITY WATERWAY, TACOMA, WASHINGTON.—
The portion of the project for navigation, City Wa-
197
terway, Tacoma, Washington, authorized by the first 
section of the River and Harbor Appropriations Act 
of June 13, 1902 (32 Stat. 347), consisting of the 
last 1,000 linear feet of the inner portion of the wa-
terway beginning at station 70+00 and ending at 
station 80+00. 
(8) AUNT LYDIA’S COVE, MASSACHUSETTS.—
(A) IN
GENERAL.—The portion of the 
project for navigation, Aunt Lydia’s Cove, Mas-
sachusetts, constructed under section 107 of 
the River and Harbor Act of 1960 (33 U.S.C. 
577), consisting of the 8-foot deep anchorage in 
the cove described in subparagraph (B). 
(B) DESCRIPTION OF PORTION.—The por-
tion of the project described in subparagraph 
(A) is more particularly described as the por-
tion beginning at a point along the southern 
limit of the existing project, N254,332.00, 
E1,023,103.96, thence running northwesterly 
about 761.60 feet to a point along the western 
limit of the existing project N255,076.84, 
E1,022,945.07, thence running southwesterly 
about 38.11 feet to a point N255,038.99, 
E1,022,940.60, thence running southeasterly 
about 267.07 feet to a point N254,772.00,
198
E1,022,947.00, thence running southeasterly 
about 462.41 feet to a point N254,320.06, 
E1,023,044.84, thence running northeasterly 
about 60.31 feet to the point of origin. 
(b) 
SOUTHPORT
HARBOR, 
FAIRFIELD, 
CON-
NECTICUT.—The project for navigation, Southport Har-
bor, Fairfield, Connecticut, authorized by section 2 of the 
River and Harbor Act of March 2, 1829, and by the first 
section of the River and Harbor Act of August 30, 1935 
(49 Stat. 1029), and section 364 of the Water Resources 
Development Act of 1996 (110 Stat. 3733–3734), is fur-
ther modified to redesignate a portion of the 9-foot-deep 
channel as an anchorage area, approximately 900 feet in 
length and 90,000 square feet in area, and lying generally 
north of a line with points at coordinates N108,043.45, 
E452,252.04 and N107,938.74, E452,265.74. 
(c) SACO RIVER, MAINE.—The portion of the project 
for navigation, Saco River, Maine, authorized under sec-
tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 
577) and described as a 6-foot deep, 10-acre turning basin 
located at the head of navigation, is redesignated as an 
anchorage area. 
(d) UNION RIVER, MAINE.—The project for naviga-
tion, Union River, Maine, authorized by the first section 
of the Act of June 3, 1896 (29 Stat. 215), is modified
199
by redesignating as an anchorage area that portion of the 
project consisting of a 6-foot turning basin and lying 
northerly of a line commencing at a point N315,975.13, 
E1,004,424.86, thence running north 61 degrees 27 min-
utes 20.71 seconds west about 132.34 feet to a point 
N316,038.37, E1,004,308.61. 
(e) MYSTIC RIVER, MASSACHUSETTS.—The portion 
of the project for navigation, Mystic River, Massachusetts, 
authorized by the first section of the River and Harbor 
Appropriations Act of July 13, 1892 (27 Stat. 96), be-
tween a line starting at a point N515,683.77, 
E707,035.45 and ending at a point N515,721.28, 
E707,069.85 and a line starting at a point N514,595.15, 
E707,746.15 and ending at a point N514,732.94, 
E707,658.38 shall be relocated and reduced from a 100-
foot wide channel to a 50-foot wide channel after the date 
of enactment of this Act described as follows: Beginning 
at a point N515,721.28, E707,069.85, thence running 
southeasterly about 840.50 feet to a point N515,070.16, 
E707,601.27, thence running southeasterly about 177.54 
feet to a point N514,904.84, E707,665.98, thence running 
southeasterly about 319.90 feet to a point with coordi-
nates N514,595.15, E707,746.15, thence running north-
westerly about 163.37 feet to a point N514,732.94, 
E707,658.38, thence running northwesterly about 161.58
200
feet to a point N514.889.47, E707,618.30, thence running 
northwesterly about 166.61 feet to a point N515.044.62, 
E707,557.58, thence running northwesterly about 825.31 
feet to a point N515,683.77, E707,035.45, thence running 
northeasterly about 50.90 feet returning to a point 
N515,721.28, E707,069.85. 
(f) CONDITIONS.—The first sentence of section 
1001(b)(2) of the Water Resources Development Act of 
1986 (33 U.S.C. 579a(b)(2)) is amended—
(1) by striking ‘‘two years’’ and inserting 
‘‘year’’; and 
(2) by striking ‘‘7’’ and inserting ‘‘5’’. 
SEC. 3124. LAND CONVEYANCES. 
(a) ST. FRANCIS
BASIN, ARKANSAS
AND
MIS-
SOURI.—
(1) IN GENERAL.—The Secretary shall convey 
to the State of Arkansas, without monetary consid-
eration and subject to paragraph (2), all right, title, 
and interest in and to real property within the State 
acquired by the Federal Government as mitigation 
land for the project for flood control, St. Francis 
Basin, Arkansas and Missouri Project, authorized by 
the Flood Control Act of May 15, 1928 (33 U.S.C. 
702a et seq.). 
(2) TERMS AND CONDITIONS.—
201
(A) IN GENERAL.—The conveyance by the 
United States under this subsection shall be 
subject to—
(i) the condition that the State of Ar-
kansas agree to operate, maintain, and 
manage the real property for fish and wild-
life, recreation, and environmental pur-
poses at no cost or expense to the United 
States; and 
(ii) such other terms and conditions 
as the Secretary determines to be in the 
interest of the United States. 
(B) REVERSION.—If the Secretary deter-
mines that the real property conveyed under 
paragraph (1) ceases to be held in public own-
ership or the State ceases to operate, maintain, 
and manage the real property in accordance 
with this subsection, all right, title, and interest 
in and to the property shall revert to the United 
States, at the option of the Secretary. 
(3) MITIGATION.—Nothing in this subsection 
extinguishes the responsibility of the Federal Gov-
ernment or the non-Federal interest for the project 
referred to in paragraph (1) from the obligation to 
implement mitigation for such project that existed
202
on the day prior to the transfer authorized by this 
subsection. 
(b) MILFORD, KANSAS.—
(1) IN GENERAL.—The Secretary shall convey 
by quitclaim deed without consideration to the Geary 
County Fire Department, Milford, Kansas, all right, 
title, and interest of the United States in and to real 
property consisting of approximately 7.4 acres lo-
cated in Geary County, Kansas, for construction, op-
eration, and maintenance of a fire station. 
(2) REVERSION.—If the Secretary determines 
that the real property conveyed under paragraph (1) 
ceases to be held in public ownership or ceases to be 
operated and maintained as a fire station, all right, 
title, and interest in and to the property shall revert 
to the United States, at the option of the United 
States. 
(c) PIKE COUNTY, MISSOURI.—
(1) IN GENERAL.—At such time as S.S.S., Inc., 
conveys all right, title and interest in and to the real 
property described in paragraph (2)(A) to the 
United States, the Secretary shall convey all right, 
title, and interest of the United States in and to the 
real property described in paragraph (2)(B) to 
S.S.S., Inc.
203
(2) LAND DESCRIPTION.—The parcels of land 
referred to in paragraph (1) are the following: 
(A) NON-FEDERAL LAND.—Approximately 
42 acres, the exact legal description to be deter-
mined by mutual agreement of S.S.S., Inc., and 
the Secretary, subject to any existing flowage 
easements situated in Pike County, Missouri, 
upstream and northwest, about a 200-foot dis-
tance from Drake Island (also known as Grimes 
Island). 
(B) FEDERAL
LAND.—Approximately 42 
acres, the exact legal description to be deter-
mined by mutual agreement of S.S.S. Inc., and 
the Secretary, situated in Pike County, Mis-
souri, known as Government Tract Numbers 
MIs–7 and a portion of FM–46 (both tracts on 
Buffalo Island), administered by the Corps of 
Engineers. 
(3) CONDITIONS.—The exchange of real prop-
erty under paragraph (1) shall be subject to the fol-
lowing conditions: 
(A) DEEDS.—
(i) NON-FEDERAL
LAND.—The con-
veyance of the real property described in 
paragraph (2)(A) to the Secretary shall be
204
by a warranty deed acceptable to the Sec-
retary. 
(ii) FEDERAL LAND.—The instrument 
of conveyance used to convey the real prop-
erty described in paragraph (2)(B) to 
S.S.S., Inc., shall be by quitclaim deed and 
contain such reservations, terms, and con-
ditions as the Secretary considers nec-
essary to allow the United States to oper-
ate and maintain the Mississippi River 9-
Foot Navigation Project. 
(B) 
REMOVAL
OF
IMPROVEMENTS.—
S.S.S., Inc., may remove, and the Secretary 
may require S.S.S., Inc., to remove, any im-
provements on the land described in paragraph 
(2)(A). 
(C) TIME
LIMIT
FOR
EXCHANGE.—The 
land exchange under paragraph (1) shall be 
completed not later than 2 years after the date 
of enactment of this Act. 
(4) VALUE OF PROPERTIES.—If the appraised 
fair market value, as determined by the Secretary, 
of the real property conveyed to S.S.S., Inc., by the 
Secretary under paragraph (1) exceeds the appraised 
fair market value, as determined by the Secretary,
205
of the real property conveyed to the United States 
by S.S.S., Inc., under paragraph (1), S.S.S., Inc., 
shall make a payment to the United States equal to 
the excess in cash or a cash equivalent that is satis-
factory to the Secretary. 
(d) BOARDMAN, OREGON.—Section 501(g)(1) of the 
Water Resources Development Act of 1996 (110 Stat. 
3751) is amended—
(1) by striking ‘‘city of Boardman,’’ and insert-
ing ‘‘the Boardman Park and Recreation District, 
Boardman,’’; and 
(2) by striking ‘‘such city’’ and inserting ‘‘the 
city of Boardman’’. 
(e) LOWELL, OREGON.—
(1) IN GENERAL.—The Secretary may convey 
without consideration to Lowell School District, by 
quitclaim deed, all right, title, and interest of the 
United States in and to land and buildings thereon, 
known as Tract A–82, located in Lowell, Oregon, 
and described in paragraph (2). 
(2) DESCRIPTION OF PROPERTY.—The parcel 
of land authorized to be conveyed under paragraph 
(1) is as follows: Commencing at the point of inter-
section of the west line of Pioneer Street with the 
westerly extension of the north line of Summit
206
Street, in Meadows Addition to Lowell, as platted 
and recorded at page 56 of Volume 4, Lane County 
Oregon Plat Records; thence north on the west line 
of Pioneer Street a distance of 176.0 feet to the true 
point of beginning of this description; thence north 
on the west line of Pioneer Street a distance of 
170.0 feet; thence west at right angles to the west 
line of Pioneer Street a distance of 250.0 feet; 
thence south and parallel to the west line of Pioneer 
Street a distance of 170.0 feet; thence east 250.0 
feet to the true point of beginning of this description 
in Section 14, Township 19 South, Range 1 West of 
the Willamette Meridian, Lane County, Oregon. 
(3) TERMS
AND
CONDITIONS.—Before con-
veying the parcel to the school district, the Secretary 
shall ensure that the conditions of buildings and fa-
cilities meet the requirements of applicable Federal 
law. 
(4) REVERSION.—If the Secretary determines 
that the property conveyed under paragraph (1) 
ceases to be held in public ownership, all right, title, 
and interest in and to the property shall revert to 
the United States, at the option of the United 
States. 
(f) LOWELL, OREGON.—
207
(1) RELEASE AND EXTINGUISHMENT OF DEED 
RESERVATIONS.—
(A) RELEASE AND EXTINGUISHMENT OF 
DEED RESERVATIONS.—The Secretary may re-
lease and extinguish the deed reservations for 
access and communication cables contained in 
the quitclaim deed, dated January 26, 1965, 
and recorded February 15, 1965, in the records 
of Lane County, Oregon; except that such res-
ervations may only be released and extinguished 
for the lands owned by the city of Lowell as de-
scribed in the quitclaim deed, dated April 11, 
1991, in such records. 
(B) ADDITIONAL
RELEASE
AND
EXTIN-
GUISHMENT
OF
DEED
RESERVATIONS.—The 
Secretary may also release and extinguish the 
same deed reservations referred to in subpara-
graph (A) over land owned by Lane County, 
Oregon, within the city limits of Lowell, Or-
egon, to accommodate the development pro-
posals of the city of Lowell/St. Vincent de Paul, 
Lane County, affordable housing project; except 
that the Secretary may require, at no cost to 
the United States—
208
(i) the alteration or relocation of any 
existing facilities, utilities, roads, or similar 
improvements on such lands; and 
(ii) the right-of-way for such facilities, 
utilities, or improvements, as a pre-condi-
tion of any release or extinguishment of 
the deed reservations. 
(2) CONVEYANCE.—The Secretary may convey 
to the city of Lowell, Oregon, at fair market value 
the parcel of land situated in the city of Lowell, Or-
egon, at fair market value consisting of the strip of 
federally-owned lands located northeast of West 
Boundary Road between Hyland Lane and the city 
of Lowell’s eastward city limits. 
(3) ADMINISTRATIVE
COST.—Notwithstanding 
paragraphs (1) and (2), the city of Lowell, Oregon, 
shall pay the administrative costs incurred by the 
United States to execute the release and extinguish-
ment of the deed reservations under paragraph (1) 
and the conveyance under paragraph (2). 
(g) RICHARD B. RUSSELL LAKE, SOUTH CARO-
LINA.—
(1) IN GENERAL.—The Secretary shall convey 
to the State of South Carolina, by quitclaim deed, 
at fair market value, all right, title, and interest of
209
the United States in and to the real property de-
scribed in paragraph (2) that is managed, as of the 
date of enactment of this Act, by the South Carolina 
department of commerce for public recreation pur-
poses for the Richard B. Russell Dam and Lake, 
South Carolina, project authorized by section 203 of 
the Flood Control Act of 1966 (80 Stat. 1420). 
(2) LAND DESCRIPTION.—Subject to paragraph 
(3), the real property referred to in paragraph (1) 
is the parcel contained in the portion of real prop-
erty described in Army Lease Number DACW21–1–
92–0500. 
(3) RESERVATION OF INTERESTS.—The United 
States shall reserve—
(A) ownership of all real property included 
in the lease referred to in paragraph (2) that 
would have been acquired for operational pur-
poses in accordance with the 1971 implementa-
tion of the 1962 Army/Interior Joint Acquisi-
tion Policy; and 
(B) such other rights and interests in and 
to the real property to be conveyed as the Sec-
retary 
considers 
necessary 
for 
authorized 
project purposes, including easement rights-of-
way to remaining Federal land.
210
(4) NO EFFECT ON SHORE MANAGEMENT POL-
ICY.—The Shoreline Management Policy (ER–1130–
2–406) of the Corps of Engineers shall not be 
changed or altered for any proposed development of 
land conveyed under this subsection. 
(5) COST SHARING.—In carrying out the con-
veyance under this subsection, the Secretary and the 
State shall comply with all obligations of any cost-
sharing agreement between the Secretary and the 
State with respect to the real property described in 
paragraph (2) in effect as of the date of the convey-
ance. 
(6) LAND
NOT
CONVEYED.—The State shall 
continue to manage the real property described in 
paragraph (3) not conveyed under this subsection in 
accordance with the terms and conditions of Army 
Lease Number DACW21–1–92–0500. 
(h) DENISON, TEXAS.—
(1) IN GENERAL.—The Secretary shall offer to 
convey at fair market value to the city of Denison, 
Texas, all right, title, and interest of the United 
States in and to the approximately 900 acres of land 
located in Grayson County, Texas, which is currently 
subject to an application for lease for public park
211
and recreational purposes made by the city of 
Denison, dated August 17, 2005. 
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
The exact acreage and description of the real prop-
erty referred to in paragraph (1) shall be determined 
by a survey paid for by the city of Denison, Texas, 
that is satisfactory to the Secretary. 
(3) CONVEYANCE.—On acceptance by the city 
of Denison, Texas, of an offer under paragraph (1), 
the Secretary may immediately convey the land sur-
veyed under paragraph (2) by quitclaim deed to the 
city of Denison, Texas. 
(i) GENERALLY APPLICABLE PROVISIONS.—
(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
The exact acreage and the legal description of any 
real property to be conveyed under this section shall 
be determined by a survey that is satisfactory to the 
Secretary. 
(2) APPLICABILITY OF PROPERTY SCREENING 
PROVISIONS.—Section 2696 of title 10, United 
States Code, shall not apply to any conveyance 
under this section. 
(3) ADDITIONAL
TERMS
AND
CONDITIONS.—
The Secretary may require that any conveyance 
under this section be subject to such additional
212
terms and conditions as the Secretary considers ap-
propriate and necessary to protect the interests of 
the United States. 
(4) COSTS
OF
CONVEYANCE.—An entity to 
which a conveyance is made under this section shall 
be responsible for all reasonable and necessary costs, 
including real estate transaction and environmental 
documentation costs, associated with the conveyance. 
(5) LIABILITY.—An entity to which a convey-
ance is made under this section shall hold the 
United States harmless from any liability with re-
spect to activities carried out, on or after the date 
of the conveyance, on the real property conveyed. 
The United States shall remain responsible for any 
liability with respect to activities carried out, before 
such date, on the real property conveyed. 
SEC. 3125. EXTINGUISHMENT OF REVERSIONARY INTER-
ESTS AND USE RESTRICTIONS. 
(a) IDAHO.—
(1) IN GENERAL.—With respect to the property 
covered by each deed in paragraph (2)—
(A) the reversionary interests and use re-
strictions relating to port and industrial use 
purposes are extinguished;
213
(B) the restriction that no activity shall be 
permitted that will compete with services and 
facilities offered by public marinas is extin-
guished; and 
(C) the human habitation or other building 
structure use restriction is extinguished if the 
elevation of the property is above the standard 
project flood elevation. 
(2) AFFECTED DEEDS.—The deeds with the fol-
lowing county auditor’s file numbers are referred to 
in paragraph (1): 
(A) Auditor’s Instrument No. 399218 of 
Nez Perce County, Idaho—2.07 acres. 
(B) Auditor’s Instrument No. 487437 of 
Nez Perce County, Idaho—7.32 acres. 
(b) LAKE TEXOMA, OKLAHOMA.—
(1) RELEASE OF REVERSIONARY INTEREST.—
Any reversionary interest relating to public parks 
and recreation on the land conveyed by the Sec-
retary to the State of Oklahoma at Lake Texoma 
pursuant to the Act entitled ‘‘An Act to authorize 
the sale of certain lands to the State of Oklahoma’’, 
approved June 16, 1953 (67 Stat. 63), is terminated 
as of the date of enactment of this Act.