H. R. 4818—134
103(a) of the Water Resources Development Act of 1986, notwith-
standing section 202(a) of the Water Resources Development Act
of 1996.
SEC. 105. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Indian Run Sanitary
Landfill in Sandy Township, Stark County, Ohio.
SEC. 106. ST. GEORGES BRIDGE, DELAWARE. None of the funds
made available in this Act may be used to carry out any activity
relating to closure or removal of the St. Georges Bridge across
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, including a hearing or any other activity
relating to preparation of an environmental impact statement con-
cerning the closure or removal.
SEC. 107. WATER REALLOCATION, LAKE CUMBERLAND, KEN-
TUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the
funds made available by this Act may be used to carry out any
water reallocation project or component under the Wolf Creek
Project, Lake Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of
July 24, 1946 (60 Stat. 636, chapter 595).
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
SEC. 108. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALI-
FORNIA. (a) DEFINITION.—In this section, the term ‘‘Lake Tahoe
Basin’’ means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet downstream
from the United States Bureau of Reclamation dam in Tahoe City,
California.
(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program for providing environmental assistance to non-Federal
interests in Lake Tahoe Basin.
(c) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of planning, design, and construction assistance
for water-related environmental infrastructure and resource protec-
tion and development projects in Lake Tahoe Basin—
(1) urban stormwater conveyance, treatment and related
facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and development.
(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may pro-
vide assistance for a project under this section only if the project
is publicly owned.
(e) LOCAL COOPERATION AGREEMENT.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a local cooperation agree-
ment with a non-Federal interest to provide for design and
construction of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation agreement
entered into under this subsection shall provide for the fol-
lowing:
H. R. 4818—135
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State and Regional offi-
cials, 
of 
appropriate 
environmental 
documentation,
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 project costs
under each local cooperation agreement entered into under
this subsection shall be 75 percent. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) CREDIT
FOR
DESIGN
WORK.—The non-Federal
interest shall receive credit for the reasonable costs of
planning and design work completed by the non-Federal
interest before entering into a local cooperation agreement
with the Secretary for a project.
(C) LAND, EASEMENTS, RIGHTS-OF-WAY, AND
RELOCA-
TIONS.—The non-Federal interest shall receive credit for
land, easements, rights-of-way, and relocations provided
by the non-Federal interest toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction, oper-
ation, and maintenance of the project on publicly owned
or controlled land), but not to exceed 25 percent of total
project costs.
(D) 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 waives, limits, or otherwise 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.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section for the period beginning
with fiscal year 2005, $25,000,000, to remain available until
expended.
SEC. 109. WATERSHED MANAGEMENT AND DEVELOPMENT. Sec-
tion 503 of the Water Resources Development Act of 1996 (110
Stat. 3756) is amended in subsection (c) by inserting the following:
‘‘The non-Federal share of the cost to provide assistance for the
Lake Tahoe watershed, California and Nevada, and Walker River
Basin, Nevada may be provided as work-in-kind.’’.
SEC. 110. The Assistant Secretary of the Army for Civil Works
shall enter into an agreement with the Orange County Water
District, Orange County, California for purposes of water conserva-
tion storage and operations to provide at a minimum a conservation
level up to elevation 498 feet mean sea level during the flood
season, and up to elevation 505 feet mean sea level during the
non-flood season at Prado Dam, California. The Orange County
Water District shall pay to the Government only the separable
costs associated with implementation and operation and mainte-
nance of Prado Dam for water conservation.
H. R. 4818—136
SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. (a)
IN GENERAL.—The Secretary is authorized to construct a new
project management office located in the city of Tuscaloosa, Ala-
bama, at a location within the vicinity of the city, at full Federal
expense.
(b) TRANSFER OF LAND AND STRUCTURES.—The Secretary is
authorized to convey, or otherwise transfer to the City of Tuscaloosa,
Alabama, at fair market value, the land and structures associated
with the existing project management office, if the city agrees
to assume full responsibility for demolition of the existing project
management office.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out subsection (a) $32,000,000.
SEC. 112. Within 75 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of
the Army (Civil Works) shall submit the report to the appropriate
authorizing and appropriating committees of the Congress.
SEC. 113. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
SEC. 114. COASTAL WETLAND CONSERVATION PROJECT FUNDING.
(a) FUNDING.—Section 306 of the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3955) is amended—
(1) in subsection (a), by striking ‘‘, not to exceed
$70,000,000,’’;
(2) in subsection (b), by striking ‘‘, not to exceed
$15,000,000’’; and
(3) in subsection (c), by striking ‘‘, not to exceed
$15,000,000,’’.
(b) PERIOD OF AUTHORIZATION.—Section 4(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended
in the second sentence by striking ‘‘2009’’ and inserting ‘‘2019’’.
SEC. 115. The Secretary of the Army, acting through the Chief
of Engineers, is directed to design and construct a marina and
associated facilities project capable of remaining in operation
through extended drought conditions at Federal expense at Lake
Sakakawea, North Dakota.
SEC. 116. CENTRAL CITY, FORT WORTH, TEXAS. The project
for flood control and other purposes on the Trinity River and Tribu-
taries, Texas, authorized by the River and Harbor Act of 1965
(Public Law 89–298), as modified, is further modified to authorize
the Secretary to undertake the Central City River Project, as gen-
erally described in the Trinity River Vision Master Plan, dated
April 2003, as amended, at a total cost not to exceed $220,000,000,
at a Federal cost of $110,000,000, and a non-Federal cost of
$110,000,000, if the Secretary determines the work is technically
sound and environmentally acceptable. The cost of work undertaken
by the non-Federal interests before the date of execution of a
project cooperation agreement shall be credited against the non-
Federal share of project costs if the Secretary determines that
the work is integral to the project.
SEC. 117. Notwithstanding any other provision of law, the
Secretary of the Army is authorized to carry out, at full Federal
expense, structural and non-structural projects for storm damage