H. R. 1495—196 
(3) by inserting after ‘‘actions’’ the following: ‘‘, environ-
mental restoration or conservation measures for coastal and 
back bays,’’; and 
(4) by adding at the end the following: ‘‘The plan for col-
lecting data and monitoring information included in such 
annual report shall be coordinated with and agreed to by appro-
priate agencies of the State of New York.’’. 
(b) ANNUAL REPORTS.—Section 404(b) of such Act is amended— 
(1) by striking ‘‘INITIAL PLAN.—Not later than 12 months 
after the date of the enactment of this Act, the’’ and inserting 
‘‘ANNUAL REPORTS.—The’’; 
(2) by striking ‘‘initial plan for data collection and moni-
toring’’ and inserting ‘‘annual report of data collection and 
monitoring activities’’; and 
(3) by striking the last sentence. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 404(c) of such 
Act (113 Stat. 341) is amended by striking ‘‘and an additional 
total of $2,500,000 for fiscal years thereafter’’ and inserting 
‘‘$2,500,000 for fiscal years 2000 through 2004, and $7,500,000 
for fiscal years beginning after September 30, 2004,’’. 
(d) TSUNAMI WARNING SYSTEM.—Section 404 of the Water 
Resources Development Act of 1992 (106 Stat. 4863) is amended 
by adding at the end the following: 
‘‘(d) TSUNAMI WARNING SYSTEM.—There is authorized to be 
appropriated $800,000 for the Secretary to carry out a project 
for a tsunami warning system, Atlantic Coast of New York.’’. 
SEC. 5107. COLLEGE POINT, NEW YORK CITY, NEW YORK. 
In carrying out section 312 of the Water Resources Development 
Act of 1990 (104 Stat. 4639), the Secretary shall give priority 
to work in College Point, New York City, New York. 
SEC. 5108. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK. 
The Secretary shall credit, in accordance with section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward the 
non-Federal share of the cost of the project for ecosystem restora-
tion, Flushing Bay and Creek, New York City, New York, the 
cost of design and construction work carried out by the non-Federal 
interest before the date of the partnership agreement for the project. 
SEC. 5109. HUDSON RIVER, NEW YORK. 
The Secretary may participate with the State of New York, 
New York City, and the Hudson River Park Trust in carrying 
out activities to restore critical marine habitat, improve safety, 
and protect and rehabilitate critical infrastructure with respect 
to the Hudson River. There is authorized to be appropriated 
$10,000,000 to carry out this section. 
SEC. 5110. MOUNT MORRIS DAM, NEW YORK. 
As part of the operation and maintenance of the Mount Morris 
Dam, New York, the Secretary may make improvements to the 
access road for the dam to provide safe access to a Federal visitor’s 
center.
H. R. 1495—197 
SEC. 5111. NORTH HEMPSTEAD AND GLEN COVE NORTH SHORE 
WATERSHED RESTORATION, NEW YORK. 
(a) IN GENERAL.—The Secretary may participate in the eco-
system restoration, navigation, flood damage reduction, and recre-
ation components of the North Hempstead and Glen Cove North 
Shore watershed restoration, New York. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $10,000,000 to carry out this section. 
SEC. 5112. ROCHESTER, NEW YORK. 
(a) IN GENERAL.—The Secretary may participate in the eco-
system restoration, navigation, flood damage reduction, and recre-
ation components of the Port of Rochester waterfront revitalization 
project, Rochester, New York. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $10,000,000 to carry out this section. 
SEC. 5113. NORTH CAROLINA. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall estab-
lish a program to provide environmental assistance to non-Federal 
interests in the State of North Carolina. 
(b) FORM OF ASSISTANCE.—Assistance provided under this sec-
tion may be in the form of design and construction assistance 
for environmental infrastructure and resource protection and 
development projects in North Carolina, including projects for— 
(1) wastewater treatment and related facilities; 
(2) combined sewer overflow, water supply, storage, treat-
ment, and related facilities; 
(3) drinking water infrastructure including treatment and 
related facilities; 
(4) environmental restoration; 
(5) stormwater infrastructure; and 
(6) surface water resource protection and development. 
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned. 
(d) PARTNERSHIP AGREEMENTS.— 
(1) IN GENERAL.—Before providing assistance under this 
section, the Secretary shall enter into a partnership agreement 
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance. 
(2) REQUIREMENTS.—Each partnership agreement for a 
project entered into under this subsection shall provide for 
the following: 
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties development plan or resource protection plan, including 
appropriate plans and specifications. 
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the 
project by the non-Federal interest. 
(3) COST SHARING.— 
(A) IN
GENERAL.—The Federal share of the cost of 
a project under this section— 
(i) shall be 75 percent; and
H. R. 1495—198 
(ii) may be provided in the form of grants or 
reimbursements of project costs. 
(B) CREDIT FOR WORK.—The Secretary shall credit, in 
accordance with section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d–5b), toward the non-Federal share 
of the cost of the project, in an amount not to exceed 
6 percent of the total construction costs of the project, 
the cost of design work carried out by the non-Federal 
interest for the project before the date of the partnership 
agreement for the project. 
(C) CREDIT FOR INTEREST.—In case of a delay in the 
funding of the non-Federal share of the costs of a project 
that is the subject of an agreement under this section, 
the non-Federal interest shall receive credit for reasonable 
interest incurred in providing the non-Federal share. 
(D) CREDIT
FOR
LAND, EASEMENTS, AND
RIGHTS-OF- 
WAY.—The non-Federal interest shall receive credit for 
land, easements, rights-of-way, and relocations toward the 
non-Federal share of project costs (including all reasonable 
costs associated with obtaining permits necessary for the 
construction, operation, and maintenance of the project 
on publicly owned or controlled land). 
(E) OPERATION AND MAINTENANCE.—The non-Federal 
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall 
be 100 percent. 
(e) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.— 
Nothing in this section shall be construed to waive, limit, or other-
wise affect the applicability of any provision of Federal or State 
law that would otherwise apply to a project to be carried out 
with assistance provided under this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $13,000,000. 
SEC. 5114. STANLY COUNTY, NORTH CAROLINA. 
Section 219(f)(64) of the Water Resources Development Act 
of 1992 (114 Stat. 2763A–221) is amended by inserting ‘‘water 
and’’ before ‘‘wastewater’’. 
SEC. 5115. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA. 
The Secretary shall expedite the completion of the calculations 
necessary to negotiate and execute a revised, permanent contract 
for water supply storage at John H. Kerr Dam and Reservoir, 
North Carolina, among the Secretary and the Kerr Lake Regional 
Water System and the city of Henderson, North Carolina. 
SEC. 5116. CINCINNATI, OHIO. 
(a) IN GENERAL.—The Secretary may undertake the ecosystem 
restoration and recreation components of the Central Riverfront 
Park Master Plan, dated December 1999, at a total cost of 
$30,000,000. 
(b) CREDIT.—The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b), 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 for the project before the date of the 
partnership agreement for the project.
H. R. 1495—199 
SEC. 5117. OHIO RIVER BASIN ENVIRONMENTAL MANAGEMENT. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) OHIO RIVER BASIN.—The term ‘‘Ohio River Basin’’ means 
the Ohio River, its backwaters, its side channels, and all tribu-
taries (including their watersheds) that drain into the Ohio 
River and encompassing areas of any of the States of Indiana, 
Ohio, Kentucky, Pennsylvania, West Virginia, Illinois, New 
York, and Virginia. 
(2) COMPACT.—The term ‘‘Compact’’ means the Ohio River 
Watershed Sanitation Commission flood and pollution control 
compact between the States of Indiana, West Virginia, Ohio, 
Kentucky, Pennsylvania, New York, Illinois, and Virginia, to 
which consent was given by Congress pursuant to the Act 
of July 11, 1940 (54 Stat. 752) and that was chartered in 
1948. 
(b) ASSISTANCE.—The Secretary may provide planning, design, 
and construction assistance to the Compact for the improvement 
of the quality of the environment in and along the Ohio River 
Basin. 
(c) PRIORITIES.—In providing assistance under this section, the 
Secretary shall give priority to reducing or eliminating the presence 
of organic pollutants in the Ohio River Basin through the renovation 
and technological improvement of the organic detection system mon-
itoring stations along the Ohio River in the States of Indiana, 
Ohio, West Virginia, Kentucky, and Pennsylvania. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $2,500,000. 
SEC. 5118. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL TOWN-
SHIP, OHIO. 
(a) IN GENERAL.—The costs of operation and maintenance 
activities for the Toussaint River Federal navigation project, Carroll 
Township, Ohio, that are carried out in accordance with section 
107 of the River and Harbor Act of 1960 (33 U.S.C. 577) and 
relate directly to the presence of unexploded ordnance, shall be 
carried out at Federal expense. 
(b) CALCULATION OF TOTAL COSTS.—The Secretary shall not 
consider the additional costs of dredging due to the presence of 
unexploded ordnance when calculating the costs of the project 
referred to in subsection (a) for the purposes of section 107(b) 
of such Act (33 U.S.C. 577(b)). 
SEC. 5119. STATEWIDE COMPREHENSIVE WATER PLANNING, OKLA-
HOMA. 
(a) IN GENERAL.—The Secretary shall provide technical assist-
ance for the development of updates of the Oklahoma comprehensive 
water plan. 
(b) TECHNICAL
ASSISTANCE.—Technical assistance provided 
under subsection (a) may include— 
(1) acquisition of hydrologic data, groundwater character-
ization, database development, and data distribution; 
(2) expansion of surface water and groundwater monitoring 
networks; 
(3) assessment of existing water resources, surface water 
storage, and groundwater storage potential;
H. R. 1495—200 
(4) numerical analysis and modeling necessary to provide 
an integrated understanding of water resources and water 
management options; 
(5) participation in State planning forums and planning 
groups; 
(6) coordination of Federal water management planning 
efforts; and 
(7) technical review of data, models, planning scenarios, 
and water plans developed by the State. 
(c) ALLOCATION.—The Secretary shall allocate, subject to the 
availability of appropriations, $6,500,000 to provide technical assist-
ance and for the development of updates of the Oklahoma com-
prehensive water plan. 
(d) COST SHARING REQUIREMENT.—The non-Federal share of 
the total cost of any activity carried out under this section— 
(1) shall be 25 percent; and 
(2) may be in the form of cash or any in-kind services 
that the Secretary determines would contribute substantially 
toward the conduct and completion of the activity assisted. 
SEC. 5120. FERN RIDGE DAM, OREGON. 
The Secretary may treat all work carried out for emergency 
corrective actions to repair the embankment dam at the Fern Ridge 
Lake project, Oregon, as a dam safety project. The cost of work 
carried out may be recovered in accordance with section 1203 of 
the Water Resources Development Act of 1986 (33 U.S.C. 467n; 
100 Stat. 4263). 
SEC. 5121. ALLEGHENY COUNTY, PENNSYLVANIA. 
Section 219(f)(66) of the Water Resources Development Act 
of 1992 (114 Stat. 2763A–221) is amended— 
(1) by striking ‘‘$20,000,000’’ and inserting the following: 
‘‘(A) IN GENERAL.—$20,000,000’’; 
(2) by adding at the end the following: 
‘‘(B) CREDIT.—The Secretary shall credit, in accordance 
with section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), toward the non-Federal share of the 
cost of the project the cost of work carried out by the 
non-Federal interest for the project before the date of the 
partnership agreement for the project.’’; and 
(3) by aligning the remainder of the text of subparagraph 
(A) (as designated by paragraph (1) of this section) with 
subparagraph (B) (as added by paragraph (2) of this section). 
SEC. 5122. CLINTON COUNTY, PENNSYLVANIA. 
Section 219(f)(13) of the Water Resources Development Act 
of 1992 (113 Stat. 335) is amended by striking ‘‘$1,000,000’’ and 
inserting ‘‘$2,000,000’’. 
SEC. 5123. KEHLY RUN DAMS, PENNSYLVANIA. 
Section 504(a)(2) of the Water Resources Development Act of 
1999 (113 Stat. 338; 117 Stat. 1842) is amended by striking ‘‘Dams’’ 
and inserting ‘‘Dams No. 1–5’’. 
SEC. 5124. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA. 
The Secretary shall use existing water quality data to model 
the effects of the Francis E. Walter Dam, at different water levels, 
to determine its impact on water and related resources in and
H. R. 1495—201 
along the Lehigh River in Lehigh County, Pennsylvania. There 
is authorized to be appropriated $500,000 to carry out this section. 
SEC. 5125. NORTHEAST PENNSYLVANIA. 
Section 219(f)(11) of the Water Resources Development Act 
of 1992 (113 Stat. 335) is amended by striking ‘‘and Monroe’’ and 
inserting ‘‘Northumberland, Union, Snyder, Luzerne, and Monroe’’. 
SEC. 5126. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND 
NEW YORK. 
(a) STUDY AND STRATEGY DEVELOPMENT.—Section 567(a) of the 
Water Resources Development Act of 1996 (110 Stat. 3787; 114 
Stat. 2662) is amended— 
(1) in the matter preceding paragraph (1) by inserting 
‘‘and carry out’’ after ‘‘develop’’; and 
(2) in paragraph (2) by striking ‘‘$10,000,000.’’ and inserting 
‘‘$20,000,000, of which the Secretary may utilize not more 
than $5,000,000 to design and construct feasible pilot projects 
during the development of the strategy to demonstrate alter-
native approaches for the strategy. The total cost for any single 
pilot project may not exceed $500,000. The Secretary shall 
evaluate the results of the pilot projects and consider the results 
in the development of the strategy.’’. 
(b) PARTNERSHIP AGREEMENTS.—Section 567(c) of such Act (114 
Stat. 2662) is amended— 
(1) in the subsection heading by striking ‘‘COOPERATION’’ 
and inserting ‘‘PARTNERSHIP’’; and 
(2) in the first sentence— 
(A) by inserting ‘‘and carrying out’’ after ‘‘developing’’; 
and 
(B) by striking ‘‘cooperation’’ and inserting ‘‘cost- 
sharing and partnership’’. 
(c) IMPLEMENTATION OF STRATEGY.—Section 567(d) of such Act 
(114 Stat. 2663) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; 
(2) in the second sentence of paragraph (1) (as so des-
ignated)— 
(A) by striking ‘‘implement’’ and inserting ‘‘carry out’’; 
and 
(B) by striking ‘‘implementing’’ and inserting ‘‘carrying 
out’’; 
(3) by adding at the end the following: 
‘‘(2) PRIORITY PROJECT.—In carrying out projects to imple-
ment the strategy, the Secretary shall give priority to the 
project for ecosystem restoration, Cooperstown, New York, 
described in the Upper Susquehanna River Basin—Coopers-
town Area Ecosystem Restoration Feasibility Study, dated 
December 2004, prepared by the Corps of Engineers and the 
New York State department of environmental conservation.’’; 
and 
(4) by aligning the remainder of the text of paragraph 
(1) (as designated by paragraph (1) of this subsection) with 
paragraph (2) (as added by paragraph (3) of this subsection). 
(d) CREDIT.—Section 567 of such Act (110 Stat. 3787; 114 
Stat. 2662) is amended by adding at the end the following: 
‘‘(e) CREDIT.—The Secretary shall credit toward the non-Federal 
share of the cost of a project under this section—
H. R. 1495—202 
‘‘(1) in accordance with section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b), the cost of design and 
construction work carried out by the non-Federal interest for 
the project before the date of the partnership agreement for 
the project; and 
‘‘(2) the cost of in-kind services and materials provided 
for the project by the non-Federal interest.’’. 
SEC. 5127. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 
The Secretary shall review a report prepared by the non-Federal 
interest concerning flood protection and environmental restoration 
for Cano Martin Pena, San Juan, Puerto Rico, and, if the Secretary 
determines that the report meets the evaluation and design stand-
ards of the Corps of Engineers and that the project is feasible, 
the Secretary may carry out the project at a total cost of 
$150,000,000. 
SEC. 5128. LAKES MARION AND MOULTRIE, SOUTH CAROLINA. 
Section 219(f)(25) of the Water Resources Development Act 
of 1992 (113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 1838) is 
amended by striking ‘‘$35,000,000’’ and inserting ‘‘$60,000,000’’. 
SEC. 5129. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 
TRIBE, AND TERRESTRIAL WILDLIFE HABITAT RESTORA-
TION, SOUTH DAKOTA. 
(a) DISBURSEMENT PROVISIONS OF STATE OF SOUTH DAKOTA 
AND CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE 
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.—Sec-
tion 602(a)(4) of the Water Resources Development Act of 1999 
(113 Stat. 386) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i) by inserting ‘‘and the Secretary of 
the Treasury’’ after ‘‘Secretary’’; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) AVAILABILITY OF FUNDS.—On notification in 
accordance with clause (i), the Secretary of the 
Treasury shall make available to the State of South 
Dakota funds from the State of South Dakota Terres-
trial Wildlife Habitat Restoration Trust Fund estab-
lished under section 603 to be used to carry out the 
plan for terrestrial wildlife habitat restoration sub-
mitted by the State of South Dakota after the State 
certifies to the Secretary of the Treasury that the 
funds to be disbursed will be used in accordance with 
section 603(d)(3) and only after the Trust Fund is 
fully capitalized.’’; and 
(2) in subparagraph (B) by striking clause (ii) and inserting 
the following: 
‘‘(ii) AVAILABILITY OF FUNDS.—On notification in 
accordance with clause (i), the Secretary of the 
Treasury shall make available to the Cheyenne River 
Sioux Tribe and the Lower Brule Sioux Tribe funds 
from the Cheyenne River Sioux Terrestrial Wildlife 
Habitat Restoration Trust Fund and the Lower Brule 
Sioux Terrestrial Wildlife Habitat Restoration Trust 
Fund, respectively, established under section 604, to 
be used to carry out the plans for terrestrial wildlife 
habitat restoration submitted by the Cheyenne River
H. R. 1495—203 
Sioux Tribe and the Lower Brule Sioux Tribe, respec-
tively, to after the respective tribe certifies to the Sec-
retary of the Treasury that the funds to be disbursed 
will be used in accordance with section 604(d)(3) and 
only after the Trust Fund is fully capitalized.’’. 
(b) INVESTMENT PROVISIONS OF THE STATE OF SOUTH DAKOTA 
TERRESTRIAL WILDLIFE RESTORATION TRUST FUND.—Section 603 
of the Water Resources Development Act of 1999 (113 Stat. 388; 
114 Stat. 2664) is amended— 
(1) by striking subsection (c) and inserting the following: 
‘‘(c) INVESTMENTS.— 
‘‘(1) ELIGIBLE
OBLIGATIONS.—Notwithstanding any other 
provision of law, the Secretary of the Treasury shall invest 
the amounts deposited under subsection (b) and the interest 
earned on those amounts only in interest-bearing obligations 
of the United States issued directly to the Fund. 
‘‘(2) INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary of the Treasury shall 
invest the amounts in the Fund in accordance with the 
requirements of this paragraph. 
‘‘(B) 
SEPARATE
INVESTMENTS
OF
PRINCIPAL
AND 
INTEREST.— 
‘‘(i) PRINCIPAL ACCOUNT.—The amounts deposited 
in the Fund under subsection (b) shall be credited 
to an account within the Fund (referred to in this 
paragraph as the ‘principal account’) and invested as 
provided in subparagraph (C). 
‘‘(ii) INTEREST ACCOUNT.—The interest earned from 
investing amounts in the principal account of the Fund 
shall be transferred to a separate account within the 
Fund (referred to in this paragraph as the ‘interest 
account’) and invested as provided in subparagraph 
(D). 
‘‘(iii) 
CREDITING.—The 
interest 
earned 
from 
investing amounts in the interest account of the Fund 
shall be credited to the interest account. 
‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— 
‘‘(i) INITIAL INVESTMENT.—Each amount deposited 
in the principal account of the Fund shall be invested 
initially in eligible obligations having the shortest 
maturity then available until the date on which the 
amount is divided into 3 substantially equal portions 
and those portions are invested in eligible obligations 
that are identical (except for transferability) to the 
next-issued publicly issued Treasury obligations having 
a 2-year maturity, a 5-year maturity, and a 10-year 
maturity, respectively. 
‘‘(ii) SUBSEQUENT INVESTMENT.—As each 2-year, 5- 
year, and 10-year eligible obligation matures, the prin-
cipal of the maturing eligible obligation shall also be 
invested initially in the shortest-maturity eligible 
obligation then available until the principal is 
reinvested substantially equally in the eligible obliga-
tions that are identical (except for transferability) to 
the next-issued publicly issued Treasury obligations 
having 2-year, 5-year, and 10-year maturities.
H. R. 1495—204 
‘‘(iii) DISCONTINUANCE
OF
ISSUANCE
OF
OBLIGA-
TIONS.—If the Department of the Treasury discontinues 
issuing to the public obligations having 2-year, 5-year, 
or 10-year maturities, the principal of any maturing 
eligible obligation shall be reinvested substantially 
equally in eligible obligations that are identical (except 
for transferability) to the next-issued publicly issued 
Treasury obligations of the maturities longer than 1 
year then available. 
‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— 
‘‘(i) BEFORE FULL CAPITALIZATION.—Until the date 
on which the Fund is fully capitalized, amounts in 
the interest account of the Fund shall be invested 
in eligible obligations that are identical (except for 
transferability) to publicly issued Treasury obligations 
that have maturities that coincide, to the maximum 
extent practicable, with the date on which the Fund 
is expected to be fully capitalized. 
‘‘(ii) AFTER FULL CAPITALIZATION.—On and after 
the date on which the Fund is fully capitalized, 
amounts in the interest account of the Fund shall 
be invested and reinvested in eligible obligations 
having the shortest maturity then available until the 
amounts are withdrawn and transferred to fund the 
activities authorized under subsection (d)(3). 
‘‘(E) PAR PURCHASE PRICE.—The price to be paid for 
eligible obligations purchased as investments of the prin-
cipal account shall not exceed the par value of the obliga-
tions so that the amount of the principal account shall 
be preserved in perpetuity. 
‘‘(F) 
HIGHEST
YIELD.—Among 
eligible 
obligations 
having the same maturity and purchase price, the obliga-
tion to be purchased shall be the obligation having the 
highest yield. 
‘‘(G) HOLDING TO MATURITY.—Eligible obligations pur-
chased shall generally be held to their maturities. 
‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVITIES.—Not less 
frequently than once each calendar year, the Secretary of the 
Treasury shall review with the State of South Dakota the 
results of the investment activities and financial status of the 
Fund during the preceding 12-month period. 
‘‘(4) AUDITS.— 
‘‘(A) IN GENERAL.—The activities of the State of South 
Dakota (referred to in this subsection as the ‘State’) in 
carrying out the plan of the State for terrestrial wildlife 
habitat restoration under section 602(a) shall be audited 
as part of the annual audit that the State is required 
to prepare under the Office of Management and Budget 
Circular A–133 (or a successor circulation). 
‘‘(B) DETERMINATION BY AUDITORS.—An auditor that 
conducts an audit under subparagraph (A) shall— 
‘‘(i) determine whether funds received by the State 
under this section during the period covered by the 
audit were used to carry out the plan of the State 
in accordance with this section; and 
‘‘(ii) include the determination under clause (i) in 
the written findings of the audit.
H. R. 1495—205 
‘‘(5) MODIFICATION OF INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—If the Secretary of the Treasury 
determines that meeting the requirements under para-
graph (2) with respect to the investment of a Fund is 
not practicable, or would result in adverse consequences 
for the Fund, the Secretary shall modify the requirements, 
as the Secretary determines to be necessary. 
‘‘(B) CONSULTATION.—Before modifying a requirement 
under subparagraph (A), the Secretary of the Treasury 
shall consult with the State regarding the proposed modi-
fication.’’; 
(2) in subsection (d)(2) by inserting ‘‘of the Treasury’’ after 
‘‘Secretary’’; and 
(3) by striking subsection (f) and inserting the following: 
‘‘(f) ADMINISTRATIVE EXPENSES.—There are authorized to be 
appropriated to the Secretary of the Treasury to pay expenses 
associated with investing the Fund and auditing the uses of 
amounts withdrawn from the Fund— 
‘‘(1) $500,000 for each of fiscal years 2006 and 2007; and 
‘‘(2) such sums as are necessary for each subsequent fiscal 
year.’’. 
(c) INVESTMENT PROVISIONS FOR CHEYENNE RIVER SIOUX TRIBE 
AND LOWER BRULE SIOUX TRIBE TRUST FUNDS.—Section 604 of 
the Water Resources Development Act of 1999 (113 Stat. 389; 
114 Stat. 2665) is amended— 
(1) by striking subsection (c) and inserting the following: 
‘‘(c) INVESTMENTS.— 
‘‘(1) ELIGIBLE
OBLIGATIONS.—Notwithstanding any other 
provision of law, the Secretary of the Treasury shall invest 
the amounts deposited under subsection (b) and the interest 
earned on those amounts only in interest-bearing obligations 
of the United States issued directly to the Funds. 
‘‘(2) INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary of the Treasury shall 
invest the amounts in each of the Funds in accordance 
with the requirements of this paragraph. 
‘‘(B) 
SEPARATE
INVESTMENTS
OF
PRINCIPAL
AND 
INTEREST.— 
‘‘(i) PRINCIPAL ACCOUNT.—The amounts deposited 
in each Fund under subsection (b) shall be credited 
to an account within the Fund (referred to in this 
paragraph as the ‘principal account’) and invested as 
provided in subparagraph (C). 
‘‘(ii) INTEREST ACCOUNT.—The interest earned from 
investing amounts in the principal account of each 
Fund shall be transferred to a separate account within 
the Fund (referred to in this paragraph as the ‘interest 
account’) and invested as provided in subparagraph 
(D). 
‘‘(iii) 
CREDITING.—The 
interest 
earned 
from 
investing amounts in the interest account of each Fund 
shall be credited to the interest account. 
‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— 
‘‘(i) INITIAL INVESTMENT.—Each amount deposited 
in the principal account of each Fund shall be invested 
initially in eligible obligations having the shortest 
maturity then available until the date on which the
H. R. 1495—206 
amount is divided into 3 substantially equal portions 
and those portions are invested in eligible obligations 
that are identical (except for transferability) to the 
next-issued publicly issued Treasury obligations having 
a 2-year maturity, a 5-year maturity, and a 10-year 
maturity, respectively. 
‘‘(ii) SUBSEQUENT INVESTMENT.—As each 2-year, 5- 
year, and 10-year eligible obligation matures, the prin-
cipal of the maturing eligible obligation shall also be 
invested initially in the shortest-maturity eligible 
obligation then available until the principal is 
reinvested substantially equally in the eligible obliga-
tions that are identical (except for transferability) to 
the next-issued publicly issued Treasury obligations 
having 2-year, 5-year, and 10-year maturities. 
‘‘(iii) DISCONTINUATION
OF
ISSUANCE
OF
OBLIGA-
TIONS.—If the Department of the Treasury discontinues 
issuing to the public obligations having 2-year, 5-year, 
or 10-year maturities, the principal of any maturing 
eligible obligation shall be reinvested substantially 
equally in eligible obligations that are identical (except 
for transferability) to the next-issued publicly issued 
Treasury obligations of the maturities longer than 1 
year then available. 
‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— 
‘‘(i) BEFORE FULL CAPITALIZATION.—Until the date 
on which each Fund is fully capitalized, amounts in 
the interest account of the Fund shall be invested 
in eligible obligations that are identical (except for 
transferability) to publicly issued Treasury obligations 
that have maturities that coincide, to the maximum 
extent practicable, with the date on which the Fund 
is expected to be fully capitalized. 
‘‘(ii) AFTER FULL CAPITALIZATION.—On and after 
the date on which each Fund is fully capitalized, 
amounts in the interest account of the Fund shall 
be invested and reinvested in eligible obligations 
having the shortest maturity then available until the 
amounts are withdrawn and transferred to fund the 
activities authorized under subsection (d)(3). 
‘‘(E) PAR PURCHASE PRICE.—The price to be paid for 
eligible obligations purchased as investments of the prin-
cipal account shall not exceed the par value of the obliga-
tions so that the amount of the principal account shall 
be preserved in perpetuity. 
‘‘(F) 
HIGHEST
YIELD.—Among 
eligible 
obligations 
having the same maturity and purchase price, the obliga-
tion to be purchased shall be the obligation having the 
highest yield. 
‘‘(G) HOLDING TO MATURITY.—Eligible obligations pur-
chased shall generally be held to their maturities. 
‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVITIES.—Not less 
frequently than once each calendar year, the Secretary of the 
Treasury shall review with the Cheyenne River Sioux Tribe 
and the Lower Brule Sioux Tribe (referred to in this subsection 
as the ‘Tribes’) the results of the investment activities and
H. R. 1495—207 
financial status of the Funds during the preceding 12-month 
period. 
‘‘(4) AUDITS.— 
‘‘(A) IN GENERAL.—The activities of the Tribes in car-
rying out the plans of the Tribes for terrestrial wildlife 
habitat restoration under section 602(a) shall be audited 
as part of the annual audit that the Tribes are required 
to prepare under the Office of Management and Budget 
Circular A–133 (or a successor circulation). 
‘‘(B) DETERMINATION BY AUDITORS.—An auditor that 
conducts an audit under subparagraph (A) shall— 
‘‘(i) determine whether funds received by the 
Tribes under this section during the period covered 
by the audit were used to carry out the plan of the 
appropriate Tribe in accordance with this section; and 
‘‘(ii) include the determination under clause (i) in 
the written findings of the audit. 
‘‘(5) MODIFICATION OF INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—If the Secretary of the Treasury 
determines that meeting the requirements under para-
graph (2) with respect to the investment of a Fund is 
not practicable, or would result in adverse consequences 
for the Fund, the Secretary shall modify the requirements, 
as the Secretary determines to be necessary. 
‘‘(B) CONSULTATION.—Before modifying a requirement 
under subparagraph (A), the Secretary of the Treasury 
shall consult with the Tribes regarding the proposed modi-
fication.’’; and 
(2) by striking subsection (f) and inserting the following: 
‘‘(f) ADMINISTRATIVE EXPENSES.—There are authorized to be 
appropriated to the Secretary of the Treasury to pay expenses 
associated with investing the Funds and auditing the uses of 
amounts withdrawn from the Funds— 
‘‘(1) $500,000 for each of fiscal years 2006 and 2007; and 
‘‘(2) such sums as are necessary for each subsequent fiscal 
year.’’. 
SEC. 5130. EAST TENNESSEE. 
(a) EAST TENNESSEE DEFINED.—In this section, the term ‘‘East 
Tennessee’’ means the counties of Blount, Knox, Loudon, McMinn, 
Monroe, and Sevier, Tennessee. 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish 
a program to provide environmental assistance to non-Federal 
interests in East Tennessee. 
(c) FORM OF ASSISTANCE.—Assistance provided under this sec-
tion may be in the form of design and construction assistance 
for water-related environmental infrastructure and resource protec-
tion and development projects in East Tennessee, including projects 
for wastewater treatment and related facilities, water supply and 
related facilities, environmental restoration, and surface water 
resource protection and development. 
(d) OWNERSHIP REQUIREMENT.—The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned. 
(e) PARTNERSHIP AGREEMENTS.— 
(1) IN GENERAL.—Before providing assistance under this 
section, the Secretary shall enter into a partnership agreement
H. R. 1495—208 
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance. 
(2) REQUIREMENTS.—Each partnership agreement for a 
project entered into under this subsection shall provide for 
the following: 
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties or resource protection and development plan, including 
appropriate engineering plans and specifications. 
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the 
project by the non-Federal interest. 
(3) COST SHARING.— 
(A) IN
GENERAL.—The Federal share of the cost of 
a project under this section— 
(i) shall be 75 percent; and 
(ii) may be provided in the form of grants or 
reimbursements of project costs. 
(B) CREDIT FOR WORK.—The Secretary shall credit, in 
accordance with section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d–5b), toward the non-Federal share 
of the cost of the project the cost of design work carried 
out by the non-Federal interest for the project before the 
date of the partnership agreement for the project. 
(C) CREDIT FOR INTEREST.—In case of a delay in the 
funding of the non-Federal share of a project that is the 
subject of an agreement under this section, the non-Federal 
interest shall receive credit for reasonable interest incurred 
in providing the non-Federal share of the project cost. 
(D) CREDIT
FOR
LAND, EASEMENTS, AND
RIGHTS-OF- 
WAY.—The non-Federal interest shall receive credit for 
land, easements, rights-of-way, and relocations toward the 
non-Federal share of project cost (including all reasonable 
costs associated with obtaining permits necessary for the 
construction, operation, and maintenance of the project 
on publicly owned or controlled land), but the credit may 
not exceed 25 percent of total project costs. 
(E) OPERATION AND MAINTENANCE.—The non-Federal 
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall 
be 100 percent. 
(f) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.— 
Nothing in this section shall be construed to waive, limit, or other-
wise affect the applicability of any provision of Federal or State 
law that would otherwise apply to a project to be carried out 
with assistance provided under this section. 
(g) NONPROFIT ENTITIES.—In accordance with section 221(b) 
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any 
project carried out under this section, a non-Federal interest may 
include a nonprofit entity with the consent of the affected local 
government. 
(h) CORPS OF ENGINEERS EXPENSES.—Not more than 10 percent 
of the amounts appropriated to carry out this section may be 
used by the Corps of Engineers district offices to administer projects 
under this section at Federal expense.
H. R. 1495—209 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $40,000,000. 
SEC. 5131. FRITZ LANDING, TENNESSEE. 
The Secretary shall— 
(1) conduct a study of the Fritz Landing Agricultural Spur 
Levee, Tennessee, to determine the extent of levee modifications 
that would be required to make the levee and associated drain-
age structures consistent with Federal standards; 
(2) design and construct such modifications; and 
(3) after completion of such modifications, incorporate the 
levee into the project for flood control, Mississippi River and 
Tributaries, authorized by the Act entitled ‘‘An Act for the 
control of floods on the Mississippi River and its tributaries, 
and for other purposes’’, approved May 15, 1928 (45 Stat. 
534–539). 
SEC. 5132. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE. 
The Secretary shall plan, design, and construct a trail system 
at the J. Percy Priest Dam and Reservoir, Tennessee, authorized 
by section 4 of the Act entitled ‘‘An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, 
and for other purposes’’, approved June 28, 1938 (52 Stat. 1217), 
and adjacent public property, including design and construction 
of support facilities. In carrying out such improvements, the Sec-
retary is authorized to use funds made available by the State 
of Tennessee from any Federal or State source, or both. 
SEC. 5133. NASHVILLE, TENNESSEE. 
(a) IN GENERAL.—The Secretary may participate in the eco-
system restoration, recreation, navigation, and flood damage reduc-
tion components of the Nashville Riverfront Concept Plan, dated 
February 2007. 
(b) COORDINATION.—In carrying out this section, the Secretary 
shall coordinate with appropriate representatives in the vicinity 
of Nashville, Tennessee, including the Nashville Parks and Recre-
ation Department, the city of Nashville, and Davidson County. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $10,000,000 to carry out this section. 
SEC. 5134. NONCONNAH WEIR, MEMPHIS, TENNESSEE. 
The project for flood control, Nonconnah Creek, Tennessee and 
Mississippi, authorized by section 401 of the Water Resources 
Development Act of 1986 (100 Stat. 4124) and modified by the 
section 334 of the Water Resources Development Act of 2000 (114 
Stat. 2611), is modified to authorize the Secretary— 
(1) to reconstruct, at Federal expense, the weir originally 
constructed in the vicinity of the mouth of Nonconnah Creek; 
and 
(2) to make repairs and maintain the weir in the future 
so that the weir functions properly. 
SEC. 5135. TENNESSEE RIVER PARTNERSHIP. 
(a) IN GENERAL.—As part of the operation and maintenance 
of the project for navigation, Tennessee River, Tennessee, Alabama, 
Mississippi, and Kentucky, authorized by the first section of the 
River and Harbor Act of July 3, 1930 (46 Stat. 927), the Secretary 
may enter into a partnership with a nonprofit entity to remove
H. R. 1495—210 
debris from the Tennessee River in the vicinity of Knoxville, Ten-
nessee, by providing a vessel to such entity, at Federal expense, 
for such debris removal purposes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $500,000. 
SEC. 5136. TOWN CREEK, LENOIR CITY, TENNESSEE. 
The Secretary shall design and construct the project for flood 
damage reduction designated as Alternative 4 in the Town Creek, 
Lenoir City, Loudon County, Tennessee, feasibility report of the 
Nashville district engineer, dated November 2000, under the 
authority of section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s), notwithstanding section 1 of the Flood Control Act of June 
22, 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal share 
of the cost of the project shall be subject to section 103(m) of 
the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)). 
SEC. 5137. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS, 
AND MISSISSIPPI. 
The Secretary may participate with non-Federal and nonprofit 
entities to address issues concerning managing groundwater as 
a sustainable resource through the Upper Mississippi Embayment, 
Tennessee, Arkansas, and Mississippi, and to coordinate the protec-
tion of groundwater supply and groundwater quality of the 
Embayment with local surface water protection programs. There 
is authorized to be appropriated $5,000,000 to carry out this section. 
SEC. 5138. TEXAS. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall estab-
lish a program to provide environmental assistance to non-Federal 
interests in the State of Texas. 
(b) FORM OF ASSISTANCE.—Assistance provided under this sec-
tion may be in the form of planning, design, and construction 
assistance for water-related environmental infrastructure and 
resource protection and development projects in Texas, including 
projects for water supply, storage, treatment, and related facilities, 
water quality protection, wastewater treatment, and related facili-
ties, environmental restoration, and surface water resource protec-
tion, and development, as identified by the Texas Water Develop-
ment Board. 
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned. 
(d) PARTNERSHIP AGREEMENTS.—Before providing assistance 
under this section, the Secretary shall enter into a partnership 
agreement with a non-Federal interest. 
(e) COST SHARING.— 
(1) IN
GENERAL.—The Federal share of the cost of the 
project under this section— 
(A) shall be 75 percent; and 
(B) may be provided in the form of grants or reimburse-
ments of project costs. 
(2) IN-KIND SERVICES.—The non-Federal share may be pro-
vided in the form of materials and in-kind services, including 
planning, design, construction, and management services, as 
the Secretary determines to be compatible with, and necessary 
for, the project.
H. R. 1495—211 
(3) CREDIT
FOR
WORK.—The Secretary shall credit, in 
accordance with section 221 of the Flood Control Act of 1970 
(42 U.S.C. 1962d–5b), toward the non-Federal share of the 
cost of the project the cost of design work carried out by 
the non-Federal interest for the project before the date of the 
partnership agreement for the project. 
(4) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY.— 
The non-Federal interest shall receive credit for land, ease-
ments, rights-of-way, and relocations toward the non-Federal 
share of project costs. 
(5) OPERATION AND MAINTENANCE.—The non-Federal share 
of operation and maintenance costs for projects constructed 
with assistance provided under this section shall be 100 percent. 
(f) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.— 
Nothing in this section shall be construed to waive, limit, or other-
wise affect the applicability of any provision of Federal or State 
law that would otherwise apply to a project to be carried out 
with assistance provided under this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $40,000,000. 
SEC. 5139. BOSQUE RIVER WATERSHED, TEXAS. 
(a) COMPREHENSIVE PLAN.—The Secretary, in consultation with 
appropriate Federal, State, and local entities, shall develop, as 
expeditiously as practicable, a comprehensive plan for development 
of new technologies and innovative approaches for restoring, pre-
serving, and protecting the Bosque River watershed within Bosque, 
Hamilton, McLennan, and Erath Counties, Texas. The Secretary, 
in cooperation with the Secretary of Agriculture, may carry out 
activities identified in the comprehensive plan to demonstrate prac-
ticable alternatives for stabilization and enhancement of land and 
water resources in the basin. 
(b) SERVICES OF NONPROFIT INSTITUTIONS AND OTHER ENTI-
TIES.—In carrying out subsection (a), the Secretary may utilize, 
through contracts or other means, the services of nonprofit institu-
tions and such other entities as the Secretary considers appropriate. 
(c) NON-FEDERAL SHARE.— 
(1) CREDIT.—The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b), 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 for the project before the date 
of the partnership agreement for the project. 
(2) DEVELOPMENT OF COMPREHENSIVE PLAN.—The non-Fed-
eral share of the cost of development of the plan under sub-
section (a) shall be 25 percent. 
(3) OPERATION AND MAINTENANCE.—The non-Federal share 
of the cost of operation and maintenance for measures con-
structed with assistance provided under this section shall be 
100 percent. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000. 
SEC. 5140. DALLAS COUNTY REGION, TEXAS. 
(a) DALLAS COUNTY REGION DEFINED.—In this section, the term 
‘‘Dallas County region’’ means the city of Dallas, and the municipali-
ties of DeSoto, Duncanville, Lancaster, Wilmer, Hutchins, Balch 
Springs, Cedar Hill, Glenn Heights, and Ferris, Texas.
H. R. 1495—212 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish 
a program to provide environmental assistance to non-Federal 
interests in the Dallas County region. 
(c) FORM OF ASSISTANCE.—Assistance provided under this sec-
tion may be in the form of design and construction assistance 
for water-related environmental infrastructure and resource protec-
tion and development projects in the Dallas County region, 
including projects for wastewater treatment and related facilities, 
water supply and related facilities, environmental restoration, and 
surface water resource protection and development. 
(d) OWNERSHIP REQUIREMENT.—The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned. 
(e) PARTNERSHIP AGREEMENTS.— 
(1) IN GENERAL.—Before providing assistance under this 
section, the Secretary shall enter into a partnership agreement 
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance. 
(2) REQUIREMENTS.—Each partnership agreement for a 
project entered into under this subsection shall provide for 
the following: 
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties or resource protection and development plan, including 
appropriate engineering plans and specifications. 
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the 
project by the non-Federal interest. 
(3) COST SHARING.— 
(A) IN
GENERAL.—The Federal share of the cost of 
a project under this section— 
(i) shall be 75 percent; and 
(ii) may be provided in the form of grants or 
reimbursements of project costs. 
(B) CREDIT FOR WORK.—The Secretary shall credit, in 
accordance with section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d–5b), toward the non-Federal share 
of the cost of the project the cost design work carried 
out by the non-Federal interest for the project before the 
date of the partnership agreement for the project. 
(C) CREDIT FOR INTEREST.—In case of a delay in the 
funding of the non-Federal share of a project that is the 
subject of an agreement under this section, the non-Federal 
interest shall receive credit for reasonable interest incurred 
in providing the non-Federal share. 
(D) CREDIT
FOR
LAND, EASEMENTS, AND
RIGHTS-OF- 
WAY.—The non-Federal interest shall receive credit for 
land, easements, rights-of-way, and relocations toward the 
non-Federal share of project costs (including all reasonable 
costs associated with obtaining permits necessary for the 
construction, operation, and maintenance of the project 
on publicly owned or controlled land), but the credit may 
not exceed 25 percent of total project costs.
H. R. 1495—213 
(E) OPERATION AND MAINTENANCE.—The non-Federal 
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall 
be 100 percent. 
(f) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.— 
Nothing in this section shall be construed to waive, limit, or other-
wise affect the applicability of any provision of Federal or State 
law that would otherwise apply to a project to be carried out 
with assistance provided under this section. 
(g) NONPROFIT ENTITIES.—In accordance with section 221(b) 
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any 
project carried out under this section, a non-Federal interest may 
include a nonprofit entity with the consent of the affected local 
government. 
(h) CORPS OF ENGINEERS EXPENSES.—Not more than 10 percent 
of the amounts appropriated to carry out this section may be 
used by the Corps of Engineers district offices to administer projects 
under this section at Federal expense. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $40,000,000. 
SEC. 5141. DALLAS FLOODWAY, DALLAS, TEXAS. 
(a) IN GENERAL.—The project for flood control, Trinity River 
and tributaries, Texas, authorized by section 2 of the Act entitled, 
‘‘An Act authorizing the construction, repair, and preservation of 
certain public works on rivers and harbors, and for other purposes’’, 
approved March 2, 1945 (59 Stat. 18), is modified to— 
(1) direct the Secretary to review the Balanced Vision Plan 
for the Trinity River Corridor, Dallas, Texas, dated December 
2003 and amended in March 2004, prepared by the non-Federal 
interest for the project; 
(2) direct the Secretary to review the Interior Levee Drain-
age Study Phase-I report, Dallas, Texas, dated September 2006, 
prepared by the non-Federal interest; and 
(3) if the Secretary determines that the project is tech-
nically sound and environmentally acceptable, authorize the 
Secretary to construct the project at a total cost of $459,000,000, 
with an estimated Federal cost of $298,000,000 and an esti-
mated non-Federal cost of $161,000,000. 
(b) CREDIT.— 
(1) IN-KIND CONTRIBUTIONS.—The Secretary shall credit, 
in accordance with section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d–5b), toward the non-Federal share of 
the cost of the project the cost of planning, design, and construc-
tion work carried out by the non-Federal interest for the project 
before the date of the partnership agreement for the project. 
(2) CASH CONTRIBUTIONS.—The Secretary shall accept funds 
provided by the non-Federal interest for use in carrying out 
planning, engineering, and design for the project. The Federal 
share of such planning, engineering, and design carried out 
with non-Federal contributions shall be credited against the 
non-Federal share of the cost of the project. 
SEC. 5142. HARRIS COUNTY, TEXAS. 
Section 575(b) of the Water Resources Development Act of 
1996 (110 Stat. 3789; 113 Stat. 311) is amended— 
(1) in paragraph (3) by striking ‘‘and’’ at the end;
H. R. 1495—214 
(2) in paragraph (4) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding the following: 
‘‘(5) the project for flood control, Upper White Oak Bayou, 
Texas, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4125).’’. 
SEC. 5143. JOHNSON CREEK, ARLINGTON, TEXAS. 
(a) IN GENERAL.—The project for flood damage reduction, 
environmental 
restoration, 
and 
recreation, 
Johnson 
Creek, 
Arlington, Texas, authorized by section 101(b)(14) of the Water 
Resources Development Act of 1999 (113 Stat 280), is modified 
to authorize the Secretary to construct the project substantially 
in accordance with the report entitled ‘‘Johnson Creek: A Vision 
of Conservation’’, dated March 30, 2006, at a total cost of 
$80,000,000, with an estimated Federal cost of $52,000,000 and 
an estimated non-Federal cost of $28,000,000, if the Secretary deter-
mines that the project is feasible. 
(b) NON-FEDERAL SHARE.— 
(1) IN
GENERAL.—The non-Federal share of the cost of 
the project may be provided in cash or in the form of in- 
kind services or materials. 
(2) CREDIT.—The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b), 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 for the project before the date 
of the partnership agreement for the project. 
(c) SPECIAL RULE.—In evaluating and implementing the project, 
the Secretary shall allow the non-Federal interest to participate 
in the financing of the project in accordance with section 903(c) 
of the Water Resources Development Act of 1986 (100 Stat. 4184). 
(d) CONFORMING AMENDMENT.—Section 134 of the Energy and 
Water Development Appropriations Act, 2006 (119 Stat. 2263) is 
repealed. 
SEC. 5144. ONION CREEK, TEXAS. 
(a) INCLUSION
OF COSTS
AND BENEFITS
OF RELOCATION
OF 
FLOOD-PRONE RESIDENCES.—In carrying out the study for the 
project for flood damage reduction, recreation, and ecosystem res-
toration, Onion Creek, Texas, the Secretary shall include the costs 
and benefits associated with the relocation of flood-prone residences 
in the study area for the project in the period beginning 2 years 
before the date of initiation of the study and ending on the date 
of execution of the partnership agreement for construction of the 
project to the extent the Secretary determines such relocations 
are compatible with the project. 
(b) CREDIT.—The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b), toward the non-Federal share of the cost of the project referred 
to in subsection (a) the cost of relocation of those flood-prone resi-
dences described in subsection (a) that are incurred by the non- 
Federal interest before the date of the partnership agreement for 
the project. 
SEC. 5145. CONNECTICUT RIVER DAMS, VERMONT. 
(a) IN GENERAL.—The Secretary shall evaluate, design, and 
carry out structural modifications at Federal cost to the Union
H. R. 1495—215 
Village Dam (Ompompanoosuc River), North Hartland Dam 
(Ottauquechee River), North Springfield Dam (Black River), Ball 
Mountain Dam (West River), and Townshend Dam (West River), 
Vermont, to regulate flow and temperature to mitigate downstream 
impacts on aquatic habitat and fisheries. 
(b) INCLUSION.—During the evaluation and design portion of 
the modifications authorized by this section, the Secretary shall 
ensure that a sustainable flow analysis is conducted for each dam. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $30,000,000. 
SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK. 
(a) DISPERSAL BARRIER PROJECT.—The Secretary shall deter-
mine, at Federal expense, the feasibility of a dispersal barrier 
project at the Lake Champlain Canal, Vermont and New York, 
to prevent the spread of aquatic nuisance species. 
(b) CONSTRUCTION, MAINTENANCE, AND OPERATION.—If the Sec-
retary determines that the project described in subsection (a) is 
feasible, the Secretary shall construct, maintain, and operate a 
dispersal barrier at the Lake Champlain Canal at Federal expense. 
SEC. 5147. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 
The Secretary shall accept funds from the National Park Service 
to restore Dyke Marsh, Fairfax County, Virginia. 
SEC. 5148. EASTERN SHORE AND SOUTHWEST VIRGINIA. 
Section 219(f)(10) of the Water Resources Development Act 
of 1992 (106 Stat. 4835; 113 Stat. 335) is amended— 
(1) by striking ‘‘$20,000,000 for water supply and waste-
water infrastructure’’ and inserting the following: 
‘‘(A) IN GENERAL.—$20,000,000 for water supply, waste-
water infrastructure, and environmental restoration’’; 
(2) by adding at the end the following: 
‘‘(B) CREDIT.—The Secretary shall credit, in accordance 
with section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), toward the non-Federal share of the 
cost of the project the cost of work carried out by the 
non-Federal interest for the project before the date of the 
partnership agreement for the project.’’; and 
(3) by aligning the remainder of the text of subparagraph 
(A) (as designated by paragraph (1) of this section) with 
subparagraph (B) (as added by paragraph (2) of this section). 
SEC. 5149. JAMES RIVER, VIRGINIA. 
The Secretary shall accept funds from the National Park Service 
to provide technical and project management assistance for the 
James River, Virginia, with a particular emphasis on locations 
along the shoreline adversely impacted by Hurricane Isabel. 
SEC. 5150. BAKER BAY AND ILWACO HARBOR, WASHINGTON. 
The Secretary shall conduct a study of increased siltation in 
Baker Bay and Ilwaco Harbor, Washington, to determine if the 
siltation is the result of a Federal navigation project (including 
diverted flows from the Columbia River) and, if the Secretary deter-
mines that the siltation is the result of a Federal navigation project, 
the Secretary shall carry out a project to mitigate the siltation 
as part of maintenance of the Federal navigation project.