176
Water Resources Development Act of 1996 (33
U.S.C. 2330).
(11) Lucas Berg Pit, Worth, Illinois, being car-
ried out as part of the Calumet-Sag navigation
project, authorized by section 2 of the River and
Harbor Act of March 2, 1945 (59 Stat. 19), and
modified by the first section of the River and Har-
bor Act of July 24, 1946 (60 Stat. 636), and section
109 of the River and Harbor Act of 1958 (72 Stat.
302).
SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER-
TAIN PROJECTS.
(a) IN GENERAL.—The Secretary shall expedite com-
pletion of the reports for the following projects and, if the
Secretary determines that a project is justified in the com-
pleted report, proceed directly to project preconstruction,
engineering, and design:
(1) Project for flood damage reduction and eco-
system restoration, Sacramento and San Joaquin
River basins, Hamilton, California.
(2) Project for ecosystem restoration, Univer-
sity Lake, Baton Rouge, Louisiana.
(3) Project for shoreline protection, Detroit
River Greenway Corridor, Detroit, Michigan.
177
(4) Project for shoreline stabilization at
Egmont Key, Florida.
(5) Project for environmental restoration,
Gwynns Falls, Maryland.
(b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.—
In carrying out the project for shoreline stabilization at
Egmont Key, Florida, referred to in subsection (a)(4), the
Secretary shall waive any cost share to be provided by non-
Federal interests for any portion of the project that bene-
fits federally owned property.
(c) CHESAPEAKE, MARYLAND.—The Secretary shall
expedite completion of the study being carried out under
section 535(b) of the Water Resources Development Act
of 1999 (113 Stat. 349) with respect to additional com-
pensation to the city of Chesapeake, Maryland.
(d) SPECIAL RULE
FOR GWYNNS FALLS, MARY-
LAND.—The report on the project for environmental res-
toration at Gwynns Falls, Maryland, referred to in sub-
section (a)(5), shall be treated as being consistent and in
compliance with the consent decree entered into between
the United States and the Mayor and City Council of
Baltimore, Maryland, filed with the United States District
Court for the District of Maryland on April 26, 2002, and
no policy of the Secretary with respect to work performed
178
under a consent decree shall delay completion of this re-
port and its submission to Congress.
SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS-
MENT.
The Secretary may provide assistance to a coordi-
nated effort by Federal, State, and local agencies, non-
Federal and nonprofit entities, regional researchers, and
other interested parties to assess the water resources and
water resources needs of river basins and watersheds of
the southeastern United States.
SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL
MANAGEMENT PROGRAM.
Section 1103(e)(7)(A) of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 652(e)(7)(A)) is amended
by adding at the end the following: ‘‘The non-Federal in-
terest may provide the non-Federal share of the cost of
the project in the form of services, materials, supplies, or
other in-kind contributions.’’.
SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN-
HANCEMENT PROJECT.
Section 514(g) of the Water Resources Development
Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended
by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’.
179
SEC. 5012. MEMBERSHIP OF MISSOURI RIVER TRUST.
Section 904(b)(1)(B) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2708) is amended—
(1) by striking ‘‘and’’ at the end of clause (vii);
(2) by redesignating clause (viii) as clause (ix);
and
(3) by inserting after clause (vii) the following:
‘‘(viii) rural water systems; and’’.
SEC. 5013. GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION.
Section 506(f)(3)(B) of the Water Resources Devel-
opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat.
2646) is amended by striking ‘‘50 percent’’ and inserting
‘‘100 percent’’.
SEC. 5014. SUSQUEHANNA, DELAWARE, AND POTOMAC
RIVER BASINS.
(a) EX OFFICIO MEMBER.—Notwithstanding section
3001(a) of the 1997 Emergency Supplemental Appropria-
tions Act for Recovery From Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia
(111 Stat. 176) and section 2.2 of both the Susquehanna
River Basin Compact (Public Law 91–575) and the Dela-
ware River Basin Compact (Public Law 87–328), begin-
ning in fiscal year 2002 and thereafter, the Division Engi-
neer, North Atlantic Division, Corps of Engineers, shall
be the ex officio United States member under the Susque-
180
hanna River Basin Compact and the Delaware River
Basin Compact, who shall serve without additional com-
pensation and who may designate an alternate member or
members in accordance with the terms of those respective
compacts.
(b) AUTHORIZATION TO ALLOCATE.—The Secretary
may allocate funds to the Susquehanna River Basin Com-
mission, Delaware River Basin Commission, and the
Interstate Commission on the Potomac River Basin (Poto-
mac River Basin Compact (Public Law 91–407)) to fulfill
the equitable funding requirements of their respective
interstate compacts.
(c) WATER SUPPLY
AND CONSERVATION STOR-
AGE.—The Secretary shall enter into an agreement with
the Delaware River Basin Commission to provide tem-
porary water supply and conservation storage at the
Francis E. Walter Dam, Pennsylvania, during any period
in which the Commission has determined that a drought
warning or drought emergency exists. The agreement shall
provide that the cost for any such water supply and con-
servation storage shall not exceed the incremental oper-
ating costs associated with providing the storage.
181
SEC. 5015. CHESAPEAKE BAY ENVIRONMENTAL RESTORA-
TION AND PROTECTION PROGRAM.
Section 510(i) of the Water Resources Development
Act of 1996 (110 Stat. 3761) is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’.
SEC. 5016. MONTGOMERY, ALABAMA.
The Secretary shall review the navigation and aquatic
ecosystem restoration components of the Montgomery
Riverfront and Downtown Master Plan, Montgomery, Ala-
bama, dated May 2001, and prepared by the non-Federal
interest and, if the Secretary determines that those com-
ponents meet the evaluation and design standards of the
Corps of Engineers and that the components are feasible,
may carry out the components at a Federal cost not to
exceed $5,000,000.
SEC. 5017. PINHOOK CREEK, HUNTSVILLE, ALABAMA.
The Secretary shall design and construct the locally
preferred plan for flood protection at Pinhook Creek,
Huntsville, Alabama, under the authority of section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s). The
Secretary shall allow the non-Federal interest to partici-
pate in the financing of the project in accordance with sec-
tion 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184) to the extent that the Secretary’s
evaluation indicates that applying such section is nec-
essary to implement the project.
182
SEC. 5018. ALASKA.
Section 570 of the Water Resources Development Act
of 1999 (113 Stat. 369) is amended—
(1) in subsection (e)(3)(B) by striking the last
sentence;
(2) in subsection (h) by striking ‘‘$25,000,000’’
and inserting ‘‘$40,000,000’’; and
(3) by adding at the end the following:
‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec-
tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d–5b(b)), for any project undertaken under this sec-
tion, a non-Federal interest may include a nonprofit enti-
ty, with the consent of the affected local government.
‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent
of the amounts appropriated to carry out this section may
be used by the Corps of Engineers district offices to ad-
minister projects under this section at 100 percent Fed-
eral expense.’’.
SEC. 5019. AKUTAN SMALL BOAT HARBOR, ALASKA.
(a) IN GENERAL.—The Secretary shall expedite the
study for the Akutan Small Boat Harbor, Alaska, and
upon completion of the feasibility study, shall design and
construct the project, if the Secretary determines that the
project is feasible.
(b) TREATMENT
OF
CERTAIN
DREDGING.—The
headlands dredging for the mooring basin shall be consid-
183
ered general navigation feature for purposes of estimating
the non-Federal share of the cost of the project.
SEC. 5020. FORT YUKON, ALASKA.
The Secretary shall make repairs to the dike at Fort
Yukon, Alaska, so that the dike meets Corps of Engineers
standards.
SEC. 5021. LOWELL CREEK TUNNEL, SEWARD, ALASKA.
(a) LONG-TERM MAINTENANCE AND REPAIR.—The
Secretary shall assume responsibility for the long-term
maintenance and repair of the Lowell Creek Tunnel.
(b) STUDY.—The Secretary shall conduct a study to
determine whether alternative methods of flood diversion
in Lowell Canyon are feasible.
SEC. 5022. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,
ALASKA.
The Secretary shall carry out, on an emergency basis,
necessary removal of rubble, sediment, and rock that are
impeding the entrance to the St. Herman and St. Paul
Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000.
SEC. 5023. AUGUSTA AND CLARENDON, ARKANSAS.
(a) IN GENERAL.—The Secretary is authorized to
perform operation, maintenance, and rehabilitation of au-
thorized and completed levees on the White River between
Augusta and Clarendon, Arkansas.
184
(b) REIMBURSEMENT.—After performing the oper-
ation, maintenance, and rehabilitation under subsection
(a), the Secretary shall seek reimbursement from the Sec-
retary of the Interior of an amount equal to the costs allo-
cated to benefits to a Federal wildlife refuge of such oper-
ation, maintenance, and rehabilitation.
SEC. 5024. HELENA AND VICINITY, ARKANSAS.
The Secretary shall accept as fulfilling the non-Fed-
eral cost sharing responsibilities for the project for flood
control, Helena and Vicinity, Arkansas, authorized by sec-
tion 401 of the Water Resources Development Act of 1986
(100 Stat. 4112), the non-Federal cash contribution of
$568,000 and the lands, easements, rights-of-way, reloca-
tions, and dredged material disposal areas provided by the
non-Federal sponsor as of September 1, 2003, and the
Secretary shall not seek to recover any reimbursement
from the non-Federal sponsor related to advanced pay-
ments to, or work performed for, the non-Federal sponsor
under the authority of sections 103 and 104 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213,
2214).
SEC. 5025. LOOMIS LANDING, ARKANSAS.
The Secretary shall conduct a study of shore damage
in the vicinity of Loomis Landing, Arkansas, to determine
if the damage is the result of a Federal navigation project,
185
and, if the Secretary determines that the damage is the
result of a Federal navigation project, the Secretary shall
carry out a project to mitigate the damage under section
111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
SEC. 5026. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA-
TION PROJECT, ARKANSAS AND OKLAHOMA.
The McClellan-Kerr Arkansas River navigation and
comprehensive development project, Arkansas and Okla-
homa, authorized by the Act entitled ‘‘An Act authorizing
the construction of certain public works on rivers and har-
bors for flood control, and for other purposes’’, approved
June 28, 1938 (52 Stat. 1215), and the first section of
the River and Harbor Act of 1946 (60 Stat. 364) and
modified by section 108 of the Energy and Water Develop-
ment Appropriations Act, 1988 (101 Stat. 1329–112), is
further modified to authorize a project depth of 12 feet
in the States of Arkansas and Oklahoma.
SEC. 5027. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS-
SOURI.
The Secretary shall conduct a study of increased sil-
tation and streambank erosion in the St. Francis River
basin, Arkansas and Missouri, to determine if the siltation
or erosion, or both, are the result of a Federal flood con-
trol project and, if the Secretary determines that the silta-
186
tion or erosion, or both, are the result of a Federal flood
control project, the Secretary shall carry out a project to
mitigate the siltation or erosion, or both.
SEC. 5028. CAMBRIA, CALIFORNIA.
Section 219(f)(48) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–220) is amended—
(1) by striking ‘‘$10,300,000’’ and inserting the
following:
‘‘(A) IN GENERAL.—$10,300,000’’;
(2) by adding at the end the following:
‘‘(B) CREDIT.—The Secretary shall credit
toward the non-Federal share of the cost of the
project not to exceed $3,000,000 for the cost of
planning and design work carried out by the
non-Federal interest before the date of the
partnership agreement for the project if the
Secretary determines that the work is integral
to the project.’’; and
(3) by aligning the remainder of the text of
subparagraph (A) (as designated by paragraph (1)
of this section) with subparagraph (B) (as added by
paragraph (2) of this section).
187
SEC. 
5029. 
CONTRA 
COSTA 
CANAL, 
OAKLEY 
AND
KNIGHTSEN, 
CALIFORNIA; 
MALLARD
SLOUGH, PITTSBURG, CALIFORNIA.
Sections 512 and 514 of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2650) are each amended
by adding at the end the following: ‘‘All planning, study,
design, and construction on the project shall be carried
out by the office of the district engineer, San Francisco,
California.’’.
SEC. 5030. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336)
is amended—
(1) by striking ‘‘$25,000,000’’ and inserting the
following:
‘‘(A) IN GENERAL.—$25,000,000’’;
(2) by adding at the end the following:
‘‘(B) CREDIT.—The Secretary shall credit
toward the non-Federal share of the cost of the
project (i) the cost of design and construction
work carried out by the non-Federal interest
before the date of the partnership agreement
for the project if the Secretary determines that
the work is integral to the project; and (ii) the
cost of in-kind services and materials provided
for the project by the non-Federal interest.
188
‘‘(C) IN-KIND CONTRIBUTIONS.—The non-
Federal interest may provide any portion of the
non-Federal share of the cost of the project in
the form of services, materials, supplies, or
other in-kind contributions.’’; 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. 5031. PLACER AND EL DORADO COUNTIES, CALI-
FORNIA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
may establish a program to provide environmental assist-
ance to non-Federal interests in Placer and El Dorado
Counties, California.
(b) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and construction as-
sistance to improve the efficiency and use of existing water
supplies in Placer and El Dorado Counties through water
and wastewater projects, programs, and infrastructure.
(c) OWNERSHIP REQUIREMENT.—The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
189
(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 construction of the project
to be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agree-
ment entered into under this subsection shall provide
for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary 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 project costs under each partnership agree-
ment entered into under this subsection shall be
75 percent. The Federal share may be in the
form of grants or reimbursements of project
costs.
190
(B) CREDIT FOR WORK.—The non-Federal
interests shall receive credit for the reasonable
cost of design work on a project completed by
the non-Federal interest before entering into a
partnership agreement with the Secretary for
such 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 in-
curred in providing the non-Federal share of
the project’s costs.
(D) LAND, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—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 nec-
essary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent
of total project costs.
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
191
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section waives, limits, or other-
wise affects 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) NONPROFIT ENTITIES.—Notwithstanding section
221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d–5b(b), for any project undertaken under this sec-
tion, a non-Federal interest may include a nonprofit entity
with the consent of the affected local government.
(g) CORPS OF ENGINEERS EXPENSES.—Ten percent
of the amounts appropriated to carry out this section may
be used by the Corps of Engineers district offices to ad-
minister projects under this section at 100 percent Fed-
eral expense.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$40,000,000. Such sums shall remain available until ex-
pended.
SEC. 5032. SACRAMENTO AREA, CALIFORNIA.
Section 219(f)(23) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336)
192
is amended by striking ‘‘$25,000,000’’ and inserting
‘‘$35,000,000’’.
SEC. 5033. SACRAMENTO DEEP WATER SHIP CHANNEL,
CALIFORNIA.
(a) IN GENERAL.—The Secretary is authorized to
transfer title to the Bascule Bridge, deauthorized by sec-
tion 347(a)(2) of the Water Resources Development Act
of 2000 (114. Stat. 2618), to the city of West Sacramento,
California, subject to the execution of an agreement by
the Secretary and the city which specifies the terms and
conditions for such transfer. The terms and conditions of
the transfer shall include a provision authorizing the Sec-
retary to participate in the construction of a replacement
bridge following the removal of the Bascule Bridge.
(b) AUTHORIZATION OF APPROPRIATION.—There is
authorized to be appropriated $5,000,000 for the Sec-
retary to participate in the construction of a replacement
bridge under this section.
SEC. 5034. SAN FRANCISCO, CALIFORNIA.
(a) PIER 70 WHARF 5 REMOVAL AND DREDGING
PROJECT.—
(1) IN GENERAL.—The Secretary, in coopera-
tion with the Port of San Francisco, shall carry out
the project for removal of Wharf 5 and associated
pilings and dredgings at Pier 70 in San Francisco,
193
California, substantially in accordance with the
Port’s redevelopment plans.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $1,600,000
to carry out this subsection.
(b) PIERS 94–96 REPAIRS PROJECT.—
(1) IN GENERAL.—The Secretary, in coopera-
tion with the Port of San Francisco, California, may
carry out the project for repairs to Piers 94–96 in
San Francisco, California, substantially in accord-
ance with the Port’s redevelopment plan.
(2) AUTHORIZATION
OF
APPROPRIATION.—
There is authorized to be appropriated $5,000,000
to carry out this subsection.
(c) CAPITAL IMPROVEMENT PROJECT.—
(1) ESTABLISHMENT
OF
OFFICE.—The Sec-
retary shall establish a centralized office at the office
of the district engineer, San Francisco, California,
for the use of all Federal and State agencies that
are or will be involved in issuing permits and con-
ducting environmental reviews for the capital im-
provement project to repair and upgrade the water
supply and delivery system for the city of San Fran-
cisco.