157 
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. 3086. 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. 3087. 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.
158 
SEC. 3088. 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 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
SEC. 3089. 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 sponsor 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
159 
of the project if such funds are authorized to be 
used to carry out the project. 
SEC. 3090. 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— 
(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.
160 
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. 
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. 
The project for shoreline protection, Orchard Beach, 
Bronx, New York, authorized by section 554 of the Water 
Resources Development Act of 1996 (110 Stat. 3781), is 
modified to authorize the Secretary to construct the 
project, at a 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
161 
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-
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.
162 
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 and Buffalo.’’. 
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.
163 
SEC. 3098. ARCADIA LAKE, OKLAHOMA. 
Payments made by the city of Edmond, Oklahoma, 
to the Secretary in October 1999 of costs associated with 
present and future water storage at Arcadia Lake, Okla-
homa, under Arcadia Lake Water Storage Contract Num-
ber DACW56–79–C–0072 shall satisfy the obligations of 
the city under that contract for such costs, including ac-
crued interest. 
SEC. 3099. 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—
164 
(1) to receive claims for compensation for losses 
to small business attributable to the implementation 
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