170
and payment schedules that existed, and that both parties 
agreed to, on June 3, 1986, and may not be adjusted, 
altered, or changed without a specific, separate, and writ-
ten agreement between the District and the United States 
Government. 
SEC. 3102. WILLAMETTE RIVER TEMPERATURE CONTROL, 
MCKENZIE SUBBASIN, OREGON. 
(a) IN GENERAL.—The project for environmental 
restoration, 
Willamette 
River 
temperature 
control, 
McKenzie Subbasin, Oregon, authorized by section 
101(a)(25) of the Water Resources Development Act of 
1996 (110 Stat. 3665) and modified by section 344 of 
the Water Resources Development Act of 1999 (113 Stat. 
308), is further modified to direct the Secretary to pay, 
subject to the availability of appropriations, compensation 
for losses to small business attributable to the implemen-
tation of the drawdown conducted as a part of project im-
plementation in 2002. 
(b) ESTABLISHMENT OF PROGRAM.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary shall establish, and provide public notice of, a pro-
gram—
(1) to receive claims for compensation for losses 
to small business attributable to the implementation
171
of the drawdown conducted as a part of project im-
plementation in 2002; 
(2) to evaluate claims for such losses; and 
(3) to pay claims for such losses. 
(c) IMPLEMENTATION
OF PROGRAM.—In carrying 
out the program established under subsection (b), the Sec-
retary shall provide—
(1) public notice of the existence of the pro-
gram sufficient to reach those in the area that may 
have suffered losses to small businesses; 
(2) a period for the submission of claims of not 
fewer than 45 days and not greater than 75 days 
from the date of the first public notice of the exist-
ence of the program; 
(3) for the evaluation of each claim submitted 
to the Secretary under the program and a deter-
mination of whether the claim constitutes a loss to 
a small business on or before the last day of the 30-
day period beginning on the date of submission of 
the claim; and 
(4) for the payment of each claim that the Sec-
retary determines constitutes a loss to a small busi-
ness on or before the last day of the 30-day period 
beginning on the date of the Secretary’s determina-
tion.
172
(d) LOSS TO A SMALL BUSINESS DEFINED.—In this 
section, the term ‘‘loss to a small business’’ means docu-
mented financial losses associated with commercial activ-
ity of a small business that can be attributed to the tur-
bidity levels in the McKenzie River being higher than 
those anticipated in the original planning documents and 
public announcements existing before the initiation of the 
drawdown in 2002. Commercial losses include decline in 
sales, loss of revenue (including loss of revenue from can-
celed or delayed reservations at lodging establishments), 
and any other financial losses that can be shown to be 
associated with the elevated turbidity levels in the 
McKenzie River in 2002. 
(e) PAYMENT OF CLAIMS.—The payment of claims 
for losses to small businesses shall be a Federal responsi-
bility. 
SEC. 3103. 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. 3104. 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-
173
sylvania State route 994 on the east shore of Raystown 
Lake, Pennsylvania. 
SEC. 3105. 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. 3106. 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.