155 
‘‘(B) provide technical, planning, and engi-
neering assistance to non-Federal interests for 
developing and implementing activities con-
sistent with the management plan; 
‘‘(C) plan, design, and implement projects 
consistent with the management plan; and 
‘‘(D) provide, in coordination with the Ad-
ministrator of the Environmental Protection 
Agency, financial and technical assistance, in-
cluding grants, to the State of Michigan (includ-
ing political subdivisions of the State) and inter-
ested nonprofit entities for the planning, design, 
and implementation of projects to restore, con-
serve, manage, and sustain the St. Clair River, 
Lake St. Clair, and associated watersheds. 
‘‘(2) SPECIFIC MEASURES.—Financial and tech-
nical assistance provided under subparagraphs (B) 
and (C) of paragraph (1) may be used in support of 
non-Federal activities consistent with the manage-
ment plan. 
‘‘(d) SUPPLEMENTS
TO
MANAGEMENT
PLAN
AND 
STRATEGIC IMPLEMENTATION PLAN.—In consultation with 
the partnership and after providing an opportunity for 
public review and comment, the Secretary shall develop in-
formation to supplement— 
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‘‘(1) the management plan; and 
‘‘(2) the strategic implementation plan developed 
under subsection (c)(1)(A). 
‘‘(e) COST SHARING.— 
‘‘(1) IN-KIND SERVICES.—The non-Federal share 
of the cost of technical assistance under subsection (c), 
the cost of planning, design, and construction of a 
project under subsection (c), and the cost of develop-
ment of supplementary information under subsection 
(d) may be provided through the provision of in-kind 
services. 
‘‘(2) CREDIT
FOR
LAND, 
EASEMENTS, 
AND 
RIGHTS-OF-WAY.—The Secretary shall credit the non- 
Federal sponsor for the value of any land, easements, 
rights-of-way, dredged material disposal areas, or re-
locations required in carrying out a project under 
subsection (c). 
‘‘(3) NONPROFIT
ENTITIES.—Notwithstanding 
section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), a non-Federal interest for any 
project carried out under this section may include a 
nonprofit entity. 
‘‘(4) OPERATION AND MAINTENANCE.—The oper-
ation, maintenance, repair, rehabilitation, and re-
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placement of projects carried out under this section 
shall be non-Federal responsibilities. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year.’’. 
SEC. 3068. ST. JOSEPH HARBOR, MICHIGAN. 
The Secretary shall expedite development of the 
dredged material management plan for the project for navi-
gation, St. Joseph Harbor, Michigan, authorized by section 
101 of the River and Harbor Act of 1958 (72 Stat. 299). 
SEC. 3069. SAULT SAINTE MARIE, MICHIGAN. 
(a) IN GENERAL.—The text of section 1149 of the 
Water Resources Development Act of 1986 (100 Stat. 4254) 
is amended to read as follows: 
‘‘The Secretary shall construct at Federal expense a 
second lock, of a width not less than 110 feet and a length 
not less than 1,200 feet, adjacent to the existing lock at 
Sault Sainte Marie, Michigan, generally in accordance 
with the report of the Board of Engineers for Rivers and 
Harbors, dated May 19, 1986, and the limited reevaluation 
report 
dated 
February 
2004 
at 
a 
total 
cost 
of 
$341,714,000.’’. 
(b) CONFORMING REPEALS.—The following provisions 
are repealed: 
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(1) Section 107(a)(8) of the Water Resources De-
velopment Act of 1990 (104 Stat. 4620). 
(2) Section 330 of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3717–3718). 
(3) Section 330 of the Water Resources Develop-
ment Act of 1999 (113 Stat. 305). 
SEC. 3070. ADA, MINNESOTA. 
(a) IN GENERAL.—The project for flood damage reduc-
tion, Wild Rice River, Ada, Minnesota, being carried out 
under section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s), is modified to authorize the Secretary to con-
sider national ecosystem restoration benefits in determining 
the Federal interest in the project. 
(b) EVALUATION OF BENEFITS AND COSTS.—In evalu-
ating the economic benefits and costs for the project, the 
Secretary shall not consider the emergency levee adjacent 
to Judicial Ditch No. 51 in the determination of conditions 
existing prior to construction of the project. 
(c) SPECIAL RULE.—In evaluating and implementing 
the project, the Secretary shall allow the non-Federal inter-
est to participate in the financing of the project in accord-
ance with section 903(c) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4184) to the extent that the 
Secretary’s evaluation indicates that applying such section 
is necessary to implement the project. 
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SEC. 3071. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 
(a) IN GENERAL.—The project for navigation, Duluth 
Harbor, McQuade Road, Minnesota, being carried out 
under section 107 of the River and Harbor Act of 1960 (33 
U.S.C. 577) and modified by section 321 of the Water Re-
sources Development Act of 2000 (114 Stat. 2605), is fur-
ther modified to authorize the Secretary to provide public 
access and recreational facilities as generally described in 
the Detailed Project Report and Environmental Assessment, 
McQuade Road Harbor of Refuge, Duluth, Minnesota, dated 
August 1999. 
(b) CREDIT.—The Secretary shall provide credit to-
ward the non-Federal share of the cost of the project for 
the costs of design work carried out before the date of the 
partnership agreement for the project if the Secretary deter-
mines that the work is integral to the project. 
(c) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for 
the project shall be $9,000,000. 
SEC. 3072. GRAND MARAIS, MINNESOTA. 
The project for navigation, Grand Marais, Minnesota, 
carried out under section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577) is modified to direct the Secretary 
to provide credit toward the non-Federal share of the cost 
of the project the cost of design work carried out before the 
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date of the partnership agreement for the project if the Sec-
retary determines that the work is integral to the project. 
SEC. 3073. GRAND PORTAGE HARBOR, MINNESOTA. 
The Secretary shall provide credit toward the non-Fed-
eral share of the cost of the navigation project for Grand 
Portage Harbor, Minnesota, carried out under section 107 
of the River and Harbor Act of 1960 (33 U.S.C. 577), for 
the costs of design work carried out before the date of the 
partnership agreement for the project if the Secretary deter-
mines that the work is integral to the project. 
SEC. 3074. GRANITE FALLS, MINNESOTA. 
(a) IN GENERAL.—The Secretary is directed to imple-
ment under section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s) the locally preferred plan for flood damage 
reduction, Granite Falls, Minnesota, substantially in ac-
cordance with the detailed project report dated 2002, at a 
total cost of $12,000,000, with an estimated Federal cost 
of $8,000,000 and an estimated non-Federal cost of 
$4,000,000. 
(b) PROJECT FINANCING.—In evaluating and imple-
menting the project under this section, the Secretary shall 
allow the non-Federal interests to participate in the financ-
ing of the project in accordance with section 903(c) of the 
Water Resources Development Act of 1986 (100 Stat. 4184), 
to the extent that the detailed project report evaluation indi-
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cates that applying such section is necessary to implement 
the project. 
(c) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the project the cost of design and con-
struction work carried out by the non-Federal interest be-
fore the date of execution of a partnership agreement for 
the project if the Secretary determines that the work is inte-
gral to the project. 
(d) MAXIMUM FUNDING.—The maximum amount of 
Federal funds that may be expended for the flood damage 
reduction shall be $8,000,000. 
SEC. 3075. KNIFE RIVER HARBOR, MINNESOTA. 
The project for navigation, Harbor at Knife River, 
Minnesota, authorized by section 2 of the Rivers and Har-
bors Act of March 2, 1945 (59 Stat. 19), is modified to di-
rect the Secretary to develop a final design and prepare 
plans and specifications to correct the harbor entrance and 
mooring conditions at the project. 
SEC. 3076. RED LAKE RIVER, MINNESOTA. 
The project for flood control, Red Lake River, 
Crookston, Minnesota, authorized by section 101(a)(23) of 
the Water Resources Development Act of 1999 (113 Stat. 
278), is modified to include flood protection for the adjacent 
and interconnected areas generally known as the Sampson 
and Chase/Loring neighborhoods, in accordance with the 
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feasibility report supplement for local flood protection, 
Crookston, Minnesota, at a total cost of $25,000,000, with 
an estimated Federal cost of $16,250,000 and an estimated 
non-Federal cost of $8,750,000. 
SEC. 3077. SILVER BAY, MINNESOTA. 
The project for navigation, Silver Bay, Minnesota, au-
thorized by section 2 of the Rivers and Harbors Act of 
March 2, 1945 (59 Stat. 19), is modified to include oper-
ation and maintenance of the general navigation facilities 
as a Federal responsibility. 
SEC. 3078. TACONITE HARBOR, MINNESOTA. 
The project for navigation, Taconite Harbor, Min-
nesota, carried out under section 107 of the River and Har-
bor Act of 1960 (33 U.S.C. 577), is modified to include op-
eration and maintenance of the general navigation facilities 
as a Federal responsibility. 
SEC. 3079. TWO HARBORS, MINNESOTA. 
(a) IN GENERAL.—The project for navigation, Two 
Harbors, Minnesota, being carried out under section 107 
of the River and Harbor Act of 1960 (33 U.S.C. 577), is 
modified to include construction of a dredged material dis-
posal facility, including actions required to clear the site. 
(b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non- 
Federal interests shall be responsible for providing all lands, 
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easements, rights-of-way, and relocations necessary for the 
construction of the dredged material disposal facility. 
(c) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for 
the project shall be $5,000,000. 
SEC. 3080. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 
The project for ecosystem restoration, Deer Island, 
Harrison County, Mississippi, being carried out under sec-
tion 204 of the Water Resources Development Act of 1992 
(33 U.S.C. 2326), is modified to authorize the non-Federal 
interest to provide any portion of the non-Federal share of 
the cost of the project in the form of in-kind services and 
materials. 
SEC. 3081. PEARL RIVER BASIN, MISSISSIPPI. 
(a) IN GENERAL.—The Secretary shall complete a fea-
sibility study for the project for flood damage reduction, 
Pearl River Watershed, Mississippi. 
(b) COMPARISON OF ALTERNATIVES.—The feasibility 
study shall identify both the plan that maximizes national 
economic development benefits and the locally preferred 
plan and shall compare the level of flood damage reduction 
provided by each plan to that portion of Jackson, Mis-
sissippi, located below the Ross Barnett Reservoir Dam. 
(c) RECOMMENDED PLAN.—If the Secretary deter-
mines that the locally preferred plan provides a level of 
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flood damage reduction that is equal to or greater than the 
level of flood damage reduction provided by the national 
economic development plan and the locally preferred plan 
is technically feasible and environmentally protective, the 
Secretary shall recommend construction of the locally pre-
ferred plan. 
(d) EVALUATION OF PROJECT COST.—For the pur-
poses of determining compliance with the first section of 
the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 
the Secretary shall consider only the costs of the national 
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 percentage 
as the non-Federal share of the cost of the national economic 
development plan plus all additional costs of construction 
associated with the locally preferred plan. 
SEC. 3082. FESTUS AND CRYSTAL CITY, MISSOURI. 
Section 102(b)(1) of the Water Resources Development 
Act of 1999 (113 Stat. 282) is amended by striking 
‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 
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SEC. 3083. L–15 LEVEE, MISSOURI. 
The portion of the L–15 levee system that is under the 
jurisdiction of the Consolidated North County Levee Dis-
trict and situated along the right descending bank of the 
Mississippi River from the confluence of that river with the 
Missouri River and running upstream approximately 14 
miles shall be considered to be a Federal levee for purposes 
of cost sharing under section 5 of the Act of August 18, 
1941 (33 U.S.C. 701n). 
SEC. 3084. MONARCH-CHESTERFIELD, MISSOURI. 
The project for flood damage reduction, Monarch-Ches-
terfield, 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 plan-
ning, 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. 
SEC. 3085. 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 sec-
tion 102(13) of the Water Resources Development Act of 
1996 (110 Stat. 3668), are each modified to direct the Sec-
retary to credit toward the non-Federal share of the cost 
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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. 3086. 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 partnership 
agreement for the project if the Secretary determines 
that the work is integral to the project; and 
(2) to allow the non-Federal interest 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 of 
the project if such funds are authorized to be used to 
carry out the project. 
SEC. 3087. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 
The project for ecosystem restoration and flood damage 
reduction, Sand Creek watershed, Wahoo, Nebraska, author-
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ized by section 101(b)(20) of the Water Resources Develop-
ment 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 interest 
before, on, or after the approval of the project partner-
ship agreement, including work performed by the non- 
Federal interest in connection with the design and 
construction of 7 upstream detention storage struc-
tures, if the Secretary determines that the work is in-
tegral 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. 
SEC. 3088. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 
NEW JERSEY. 
The project for navigation mitigation, ecosystem res-
toration, shore protection, and hurricane and storm damage 
reduction, Lower Cape May Meadows, Cape May Point, 
New Jersey, authorized by section 101(a)(25) of the Water 
Resources Development Act of 1999 (113 Stat. 278), is 
modified to incorporate the project for shoreline erosion con-
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trol, Cape May Point, New Jersey, carried out under section 
5 of the Act entitled ‘‘An Act authorizing Federal participa-
tion in the cost of protecting the shores of publicly owned 
property’’, approved August 13, 1946 (33 U.S.C. 426h), if 
the Secretary determines that such incorporation is feasible. 
SEC. 3089. 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 Devel-
opment 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 economic 
analysis of the project. 
SEC. 3090. 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 measures to 
enhance public access, at Federal cost of $500,000. 
SEC. 3091. ORCHARD BEACH, BRONX, NEW YORK. 
Section 554 of the Water Resources Development Act 
of 1996 (110 Stat. 3781) is amended by striking ‘‘maximum 
Federal cost of $5,200,000’’ and inserting ‘‘total cost of 
$20,000,000’’. 
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SEC. 3092. 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 
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 mate-
rial 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 
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Secretary determines that the work is integral to the 
project. 
SEC. 3093. NEW YORK STATE CANAL SYSTEM. 
Section 553(c) of the Water Resources Development Act 
of 1996 (110 Stat. 3781) is amended to read as follows: 
‘‘(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, Cayuga- 
Seneca, Oswego, and Champlain Canals and the historic 
alignments of these canals, including the cities of Albany, 
Rochester, and Buffalo.’’. 
SEC. 3094. 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. 3095. MAHONING RIVER, OHIO. 
In carrying out the project for environmental dredg-
ing, authorized by section 312(f)(4) of the Water Resources 
Development Act of 1990 (33 U.S.C. 1272(f)(4)), the Sec-
retary 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 partnership 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
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SEC. 3096. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, 
AND DELAWARE. 
The Secretary may remove debris from the project for 
navigation, Delaware River, Pennsylvania, New Jersey, 
and Delaware, Philadelphia to the Sea. 
SEC. 3097. 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-
sylvania State Route 994 on the east shore of Raystown 
Lake, Pennsylvania. 
SEC. 3098. 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 partnership 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
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SEC. 3099. 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 modi-
fied to include as a project element the project for flood con-
trol for Solomon’s Creek, Wilkes-Barre, Pennsylvania. 
SEC. 3100. SOUTH CENTRAL PENNSYLVANIA. 
Section 313 of the Water Resources Development Act 
of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 
113 Stat. 310; 117 Stat. 142) is amended— 
(1) 
in 
subsection 
(g)(1) 
by 
striking 
‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 
(2) in subsection (h)(2) by striking ‘‘Allegheny, 
Armstrong, Beford, Blair, Cambria, Clearfield, Fay-
ette, Franklin, Fulton, Greene, Huntingdon, Indiana, 
Juniata, Mifflin, Somerset, Snyder, Washington, and 
Westmoreland Counties’’ and inserting ‘‘Allegheny, 
Armstrong, Bedford, Blair, Cambria, Fayette, Frank-
lin, Fulton, Greene, Huntingdon, Indiana, Juniata, 
Somerset, Washington, and Westmoreland Counties’’. 
SEC. 3101. WYOMING VALLEY, PENNSYLVANIA. 
In carrying out the project for flood control, Wyoming 
Valley, Pennsylvania, authorized by section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4124), 
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the Secretary shall coordinate with non-Federal interests to 
review opportunities for increased public access. 
SEC. 3102. CEDAR BAYOU, TEXAS. 
(a) CREDIT FOR PLANNING AND DESIGN.—The project 
for navigation, Cedar Bayou, Texas, reauthorized by section 
349(a)(2) of the Water Resources Development Act of 2000 
(114 Stat. 2632), is modified to direct the Secretary to cred-
it toward the non-Federal share of the cost of the project 
the cost of planning and design work carried out by the 
non-Federal interest for the project if the Secretary deter-
mines that such work is integral to the project. 
(b) COST SHARING.—Cost sharing for construction 
and operation and maintenance of the project shall be deter-
mined in accordance with section 101 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2211). 
SEC. 3103. FREEPORT HARBOR, TEXAS. 
The project for navigation, Freeport Harbor, Texas, 
authorized by section 101 of the Rivers and Harbors Act 
of 1970 (84 Stat. 1818), is modified.— 
(1) 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 
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determines that the work is integral to the project; 
and 
(2) to direct the Secretary to remove the sunken 
vessel ‘‘COMSTOCK’’ at Federal expense. 
SEC. 3104. LAKE KEMP, TEXAS. 
(a) IN GENERAL.—The Secretary may not take any 
legal or administrative action seeking to remove a Lake 
Kemp improvement before the earlier of January 1, 2020, 
or the date of any transfer of ownership of the improvement 
occurring after the date of enactment of this Act. 
(b) LIMITATION ON LIABILITY.—The United States, or 
any of its officers, agents, or assignees, shall not be liable 
for any injury, loss, or damage accruing to the owners of 
a Lake Kemp improvement, their lessees, or occupants as 
a result of any flooding or inundation of such improvements 
by the waters of the Lake Kemp reservoir, or for such in-
jury, loss, or damage as may occur through the operation 
and maintenance of the Lake Kemp dam and reservoir in 
any manner. 
(c) LAKE KEMP IMPROVEMENT DEFINED.—In this sec-
tion, the term ‘‘Lake Kemp improvement’’ means an im-
provement (including dwellings) located within the flowage 
easement of Lake Kemp, Texas, below elevation 1159 feet 
mean sea level. 
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SEC. 3105. LOWER RIO GRANDE BASIN, TEXAS. 
The project for flood control, Lower Rio Grande Basin, 
Texas, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4125), is modified— 
(1) to include as part of the project flood protec-
tion works to reroute drainage to Raymondville 
Drain constructed by the non-Federal interests in Hi-
dalgo County in the vicinity of Edinburg, Texas, if 
the Secretary determines that such work meets feasi-
bility requirements; 
(2) to direct the Secretary to credit 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 before the date of the part-
nership agreement for the project if the Secretary de-
termines that the work is integral to the project; and 
(3) to direct the Secretary in calculating the 
non-Federal share of the cost of the project, to make 
a determination, within 180 days after the date of en-
actment of this Act, under section 103(m) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2213(m)) on the non-Federal interest’s ability to pay. 
SEC. 3106. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 
TEXAS. 
The project for ecosystem restoration and storm dam-
age reduction, North Padre Island, Corpus Christi Bay, 
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Texas, authorized by section 556 of the Water Resources De-
velopment Act of 1999 (113 Stat. 353), is modified to in-
clude recreation as a project purpose. 
SEC. 3107. PAT MAYSE LAKE, TEXAS. 
The Secretary is directed to accept from the city of 
Paris, Texas, $3,461,432 as payment in full of monies owed 
to the United States for water supply storage space in Pat 
Mayse Lake, Texas, under contract number DA–34–066– 
CIVENG–65–1272, including accrued interest. 
SEC. 3108. PROCTOR LAKE, TEXAS. 
The Secretary is authorized to purchase fee simple title 
to all properties located within the boundaries, and nec-
essary for the operation, of the Proctor Lake project, Texas, 
authorized by section 203 of the Flood Control Act of 1954 
(68 Stat. 1259). 
SEC. 3109. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 
The project for flood control, San Antonio Channel, 
Texas, authorized by section 203 of the Flood Control Act 
of 1954 (68 Stat. 1259) as part of the comprehensive plan 
for flood protection on the Guadalupe and San Antonio 
Rivers in Texas and modified by section 103 of the Water 
Resources Development Act of 1976 (90 Stat. 2921) and sec-
tion 335 of the Water Resources Development Act of 2000 
(114 Stat. 2611), is further modified to authorize the Sec-
retary to credit toward the non-Federal share of the cost 
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of the project the cost of design and construction work car-
ried out by the non-Federal interest for the project if the 
Secretary determines that the work is integral to the project. 
SEC. 3110. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND 
WISE COUNTIES, VIRGINIA. 
The project for flood control, Levisa and Tug Forks 
of the Big Sandy River and Upper Cumberland River, au-
thorized by section 202 of the Energy and Water Develop-
ment Appropriation Act, 1981 (94 Stat. 1339) and modi-
fied by section 352 of the Water Resources Development Act 
of 1996 (110 Stat. 3724–3725) and section 336 of the Water 
Resources Development Act of 2000 (114 Stat. 2611), is fur-
ther modified to direct the Secretary to determine the abil-
ity of Lee, Russell, Scott, Smyth, Tazewell, and Wise Coun-
ties, Virginia, to pay the non-Federal share of the cost of 
the project based solely on the criterion specified in section 
103(m)(3)(A)(i) of the Water Resources Development Act of 
1986 (33 U.S.C. 2213(m)(3)(A)(i)). 
SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA. 
Section 577(a) of the Water Resources Development 
Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 
a total cost of $1,200,000, with an estimated Federal cost 
of $900,000 and an estimated non-Federal cost of 
$300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 
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with an estimated Federal cost of $2,500,000 and an esti-
mated non-Federal cost of $750,000.’’. 
SEC. 3112. DUWAMISH/GREEN, WASHINGTON. 
The project for ecosystem restoration, Duwamish/ 
Green, Washington, authorized by section 101(b)(26) of the 
Water Resources Development Act of 2000 (114 Stat. 2579), 
is modified— 
(1) 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, 
on, or after the date of the partnership agreement for 
the project if the Secretary determines that the work 
is integral to the project; and 
(2) to authorize the non-Federal interest to pro-
vide any portion of the non-Federal share of the cost 
of the project in the form of in-kind services and ma-
terials. 
SEC. 3113. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH-
INGTON. 
The project for aquatic ecosystem restoration, Yakima 
River, Port of Sunnyside, Washington, 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 toward the non-Federal share of the cost of the 
project the cost of work carried out by the non-Federal in-
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terest before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral 
to the project. 
SEC. 3114. GREENBRIER RIVER BASIN, WEST VIRGINIA. 
Section 579(c) of the Water Resources Development Act 
of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by 
striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 
SEC. 3115. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 
Section 30(d) of the Water Resources Development Act 
of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended to 
read as follows: 
‘‘(d) HISTORIC STRUCTURE.—The Secretary shall en-
sure the preservation and restoration of the structure known 
as the ‘Jenkins House’, and the reconstruction of associated 
buildings and landscape features of such structure located 
within the Lesage/Greenbottom Swamp in accordance with 
the Secretary of the Interior’s standards for the treatment 
of historic properties. Amounts made available for expendi-
ture for the project authorized by section 301(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4110) 
shall be available for the purposes of this subsection.’’. 
SEC. 3116. NORTHERN WEST VIRGINIA. 
Section 557 of the Water Resources Development Act 
of 1999 (113 Stat. 353) is amended— 
(1) in the first sentence by striking ‘‘favorable’’; 
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(2) by striking ‘‘$8,400,000’’ and inserting 
‘‘$12,000,000’’; and 
(3) by striking ‘‘$4,200,000’’ each place it ap-
pears and inserting ‘‘$6,000,000’’. 
SEC. 3117. MANITOWOC HARBOR, WISCONSIN. 
The project for navigation, Manitowoc Harbor, Wis-
consin, authorized by the River and Harbor Act of August 
30, 1852 (10 Stat. 58), is modified to direct the Secretary 
to deepen the upstream reach of the navigation channel 
from 12 feet to 18 feet, at a total cost of $405,000. 
SEC. 3118. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 
Section 21 of the Water Resources Development Act of 
1988 (102 Stat. 4027) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘1276.42’’ and inserting 
‘‘1278.42’’; 
(B) by striking ‘‘1218.31’’ and inserting 
‘‘1221.31’’; and 
(C) by striking ‘‘1234.82’’ and inserting 
‘‘1235.30’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) EXCEPTION.—The Secretary may operate the 
headwaters reservoirs below the minimum or above the max-
imum water levels established in subsection (a) in accord-
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181 
ance with water control regulation manuals (or revisions 
thereto) developed by the Secretary, after consultation with 
the Governor of Minnesota and affected tribal governments, 
landowners, and commercial and recreational users. The 
water control regulation manuals (and any revisions there-
to) shall be effective when the Secretary transmits them to 
Congress. The Secretary shall report to Congress at least 
14 days before operating any such headwaters reservoir 
below the minimum or above the maximum water level lim-
its specified in subsection (a); except that notification is 
not required for operations necessary to prevent the loss of 
life or to ensure the safety of the dam or if the drawdown 
of lake levels is in anticipation of flood control operations.’’. 
SEC. 3119. CONTINUATION OF PROJECT AUTHORIZATIONS. 
(a) IN GENERAL.—Notwithstanding section 1001(b)(2) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
579a(b)(2)), the following projects shall remain authorized 
to be carried out by the Secretary: 
(1) The project for navigation, Sacramento Deep 
Water Ship Channel, California, authorized by sec-
tion 202(a) of the Water Resources Development Act 
of 1986 (100 Stat. 4092). 
(2) The project for flood control, Agana River, 
Guam, authorized by section 401(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4127). 
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(3) The project for navigation, Fall River Har-
bor, Massachusetts, authorized by section 101 of the 
River and Harbor Act of 1968 (82 Stat. 731); except 
that the authorized depth of that portion of the project 
extending riverward of the Charles M. Braga, Jr. Me-
morial Bridge, Fall River and Somerset, Massachu-
setts, shall not exceed 35 feet. 
(b) LIMITATION.—A project described in subsection (a) 
shall not be authorized for construction after the last day 
of the 5-year period beginning on the date of enactment of 
this Act, unless, during such period, funds have been obli-
gated for the construction (including planning and design) 
of the project. 
SEC. 3120. PROJECT REAUTHORIZATIONS. 
Each of the following projects may be carried out by 
the Secretary and no construction on any such project may 
be initiated until the Secretary determines that the project 
is feasible: 
(1) MENOMINEE HARBOR AND RIVER, MICHIGAN 
AND WISCONSIN.—The project for navigation, Menom-
inee Harbor and River, Michigan and Wisconsin, au-
thorized by section 101 of the River and Harbor Act 
of 1960 (74 Stat. 482) and deauthorized on April 15, 
2002, in accordance with section 1001(b)(2) of the 
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Water Resources Development Act of 1986 (33 U.S.C. 
579a(b)(2)). 
(2) MANITOWOC
HARBOR, 
WISCONSIN.—That 
portion of the project for navigation, Manitowoc Har-
bor, Wisconsin, authorized by the first section of the 
River and Harbor Act of August 30, 1852 (10 Stat. 
58), consisting of the channel in the south part of the 
outer harbor, deauthorized by section 101 of the River 
and Harbor Act of 1962 (76 Stat. 1176). 
(3) HEARDING ISLAND INLET, DULUTH HARBOR, 
MINNESOTA.—The project for dredging, Hearding Is-
land Inlet, Duluth Harbor, Minnesota, authorized by 
section 22 of the Water Resources Development Act of 
1988 (102 Stat. 4027). 
SEC. 3121. PROJECT DEAUTHORIZATIONS. 
(a) IN GENERAL.—The following projects are not au-
thorized after the date of enactment of this Act: 
(1) BRIDGEPORT HARBOR, CONNECTICUT.—The 
portion of the project for navigation, Bridgeport Har-
bor, Connecticut, authorized by the first section of the 
River and Harbor Act of July 3, 1930 (46 Stat. 919), 
consisting of an 18-foot channel in Yellow Mill River 
and described as follows: Beginning at a point along 
the eastern limit of the existing project, N123,649.75, 
E481,920.54, thence running northwesterly about 
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52.64 feet to a point N123,683.03, E481,879.75, 
thence running northeasterly about 1,442.21 feet to a 
point N125,030.08, E482,394.96, thence running 
northeasterly about 139.52 feet to a point along the 
eastern limit of the existing channel, N125,133.87, 
E482,488.19, thence running southwesterly about 
1,588.98 feet to the point of origin. 
(2) MYSTIC RIVER, CONNECTICUT.—The portion 
of the project for navigation, Mystic River, Con-
necticut, authorized by the first section of the River 
and Harbor Appropriations Act of September 19, 
1890 (26 Stat. 436) consisting of a 12-foot-deep chan-
nel, approximately 7,554 square feet in area, starting 
at a point N193,086.51, E815,092.78, thence running 
north 59 degrees 21 minutes 46.63 seconds west about 
138.05 feet to a point N193,156.86, E814,974.00, 
thence running north 51 degrees 04 minutes 39.00 
seconds 
west 
about 
166.57 
feet 
to 
a 
point 
N193,261.51, E814,844.41, thence running north 43 
degrees 01 minutes 34.90 seconds west about 86.23 
feet to a point N193,324.55, E814,785.57, thence run-
ning north 06 degrees 42 minutes 03.86 seconds west 
about 
156.57 
feet 
to 
a 
point 
N193,480.05, 
E814,767.30, thence running south 21 degrees 21 
minutes 17.94 seconds east about 231.42 feet to a 
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point N193,264.52, E814,851.57, thence running 
south 53 degrees 34 minutes 23.28 seconds east about 
299.78 feet to the point of origin. 
(3) NEW LONDON HARBOR, CONNECTICUT.—The 
portion of the project for navigation, New London 
Harbor, Connecticut, authorized by the River and 
Harbor Appropriations Act of June 13, 1902 (32 
Stat. 333), that consists of a 23-foot waterfront chan-
nel and that is further described as beginning at a 
point along the western limit of the existing project, 
N188,802.75, E779,462.81, thence running northeast-
erly about 1,373.88 feet to a point N189,554.87, 
E780,612.53, thence running southeasterly about 
439.54 feet to a point N189,319.88, E780,983.98, 
thence running southwesterly about 831.58 feet to a 
point N188,864.63, E780,288.08, thence running 
southeasterly 
about 
567.39 
feet 
to 
a 
point 
N188,301.88, E780,360.49, thence running northwest-
erly about 1,027.96 feet to the point of origin. 
(4) FALMOUTH HARBOR, MASSACHUSETTS.—The 
portion of the project for navigation, th Harbor, Mas-
sachusetts, authorized by section 101 of the River and 
Harbor Act of 1948 (62 Stat. 1172), beginning at a 
point along the eastern side of the inner harbor 
N200,415.05, E845,307.98, thence running north 25 
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degrees 48 minutes 54.3 seconds east 160.24 feet to a 
point N200,559.20, E845,377.76, thence running 
north 22 degrees 7 minutes 52.4 seconds east 596.82 
feet to a point N201,112.15, E845,602.60, thence run-
ning north 60 degrees 1 minute 0.3 seconds east 83.18 
feet to a point N201,153.72, E845,674.65, thence run-
ning south 24 degrees 56 minutes 43.4 seconds west 
665.01 feet to a point N200,550.75, E845,394.18, 
thence running south 32 degrees 25 minutes 29.0 sec-
onds west 160.76 feet to the point of origin. 
(5) ISLAND END RIVER, MASSACHUSETTS.—The 
portion of the project for navigation, Island End 
River, Massachusetts, carried out under section 107 of 
the River and Harbor Act of 1960 (33 U.S.C. 577), 
described as follows: Beginning at a point along the 
eastern limit of the existing project, N507,348.98, 
E721,180.01, thence running northeast about 35 feet 
to a point N507,384.17, E721,183.36, thence running 
northeast about 324 feet to a point N507,590.51, 
E721,433.17, thence running northeast about 345 feet 
to a point along the northern limit of the existing 
project, N507,927.29, E721,510.29, thence running 
southeast about 25 feet to a point N507,921.71, 
E721,534.66, thence running southwest about 354 feet 
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to a point N507,576.65, E721,455.64, thence running 
southwest about 357 feet to the point of origin. 
(6) CITY WATERWAY, TACOMA, WASHINGTON.— 
The portion of the project for navigation, City Water-
way, Tacoma, Washington, authorized by the first sec-
tion of the River and Harbor Appropriations Act of 
June 13, 1902 (32 Stat. 347), consisting of the last 
1,000 linear feet of the inner portion of the waterway 
beginning at station 70+00 and ending at station 
80+00. 
(7) AUNT LYDIA’S COVE, MASSACHUSETTS.— 
(A) IN
GENERAL.—The portion of the 
project for navigation, Aunt Lydia’s Cove, Mas-
sachusetts, constructed under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577), 
consisting of the 8-foot deep anchorage in the 
cove described in subparagraph (B). 
(B) DESCRIPTION OF PORTION.—The por-
tion of the project described in subparagraph (A) 
is more particularly described as the portion be-
ginning at a point along the southern limit of 
the existing project, N254,332.00, E1,023,103.96, 
thence running northwesterly about 761.60 feet 
to a point along the western limit of the existing 
project N255,076.84, E1,022,945.07, thence run-
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ning southwesterly about 38.11 feet to a point 
N255,038.99, E1,022,940.60, thence running 
southeasterly about 267.07 feet to a point 
N254,772.00, E1,022,947.00, thence running 
southeasterly about 462.41 feet to a point 
N254,320.06, E1,023,044.84, thence running 
northeasterly about 60.31 feet to the point of ori-
gin. 
(b) 
SOUTHPORT
HARBOR, 
FAIRFIELD, 
CON-
NECTICUT.—The project for navigation, Southport Harbor, 
Fairfield, Connecticut, authorized by section 2 of the River 
and Harbor Act of March 2, 1829, and by the first section 
of the River and Harbor Act of August 30, 1935 (49 Stat. 
1029), and section 364 of the Water Resources Development 
Act of 1996 (110 Stat. 3733–3734), is further modified to 
redesignate a portion of the 9-foot-deep channel as an an-
chorage area, approximately 900 feet in length and 90,000 
square feet in area, and lying generally north of a line with 
points at coordinates N108,043.45, E452,252.04 and 
N107,938.74, E452,265.74. 
(c) SACO RIVER, MAINE.—The portion of the project 
for navigation, Saco River, Maine, authorized under section 
107 of the River and Harbor Act of 1960 (33 U.S.C. 577) 
and described as a 6-foot deep, 10-acre turning basin lo-
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cated at the head of navigation, is redesignated as an an-
chorage area. 
(d) UNION RIVER, MAINE.—The project for naviga-
tion, Union River, Maine, authorized by the first section 
of the Act of June 3, 1896 (29 Stat. 215), is modified by 
redesignating as an anchorage area that portion of the 
project consisting of a 6-foot turning basin and lying north-
erly of a line commencing at a point N315,975.13, 
E1,004,424.86, thence running north 61 degrees 27 minutes 
20.71 seconds west about 132.34 feet to a point 
N316,038.37, E1,004,308.61. 
(e) MYSTIC RIVER, MASSACHUSETTS.—The portion of 
the project for navigation, Mystic River, Massachusetts, au-
thorized by the first section of the River and Harbor Appro-
priations Act of July 13, 1892 (27 Stat. 96), between a line 
starting at a point N515,683.77, E707,035.45 and ending 
at a point N515,721.28, E707,069.85 and a line starting 
at a point N514,595.15, E707,746.15 and ending at a point 
N514,732.94, E707,658.38 shall be relocated and reduced 
from a 100-foot wide channel to a 50-foot wide channel after 
the date of enactment of this Act described as follows: Begin-
ning at a point N515,721.28, E707,069.85, thence running 
southeasterly about 840.50 feet to a point N515,070.16, 
E707,601.27, thence running southeasterly about 177.54 feet 
to a point N514,904.84, E707,665.98, thence running south-
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easterly about 319.90 feet to a point with coordinates 
N514,595.15, E707,746.15, thence running northwesterly 
about 163.37 feet to a point N514,732.94, E707,658.38, 
thence running northwesterly about 161.58 feet to a point 
N514.889.47, E707,618.30, thence running northwesterly 
about 166.61 feet to a point N515.044.62, E707,557.58, 
thence running northwesterly about 825.31 feet to a point 
N515,683.77, E707,035.45, thence running northeasterly 
about 50.90 feet returning to a point N515,721.28, 
E707,069.85. 
(f) CONDITIONS.—The first sentence of section 
1001(b)(2) of the Water Resources Development Act of 1986 
(33 U.S.C. 579a(b)(2)) is amended— 
(1) by striking ‘‘two years’’ and inserting 
‘‘year’’; and 
(2) by striking ‘‘7’’ and inserting ‘‘5’’. 
SEC. 3122. LAND CONVEYANCES. 
(a) ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.— 
(1) IN GENERAL.—The Secretary shall convey to 
the State of Arkansas, without monetary consider-
ation and subject to paragraph (2), all right, title, 
and interest in and to real property within the State 
acquired by the Federal Government as mitigation 
land for the project for flood control, St. Francis 
Basin, Arkansas and Missouri Project, authorized by 
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the Flood Control Act of May 15, 1928 (33 U.S.C. 
702a et seq.). 
(2) TERMS AND CONDITIONS.— 
(A) IN GENERAL.—The conveyance by the 
United States under this subsection shall be sub-
ject to— 
(i) the condition that the State of Ar-
kansas agree to operate, maintain, and 
manage the real property for fish and wild-
life, recreation, and environmental purposes 
at no cost or expense to the United States; 
and 
(ii) such other terms and conditions as 
the Secretary determines to be in the inter-
est of the United States. 
(B) REVERSION.—If the Secretary deter-
mines that the real property conveyed under 
paragraph (1) ceases to be held in public owner-
ship or the State ceases to operate, maintain, 
and manage the real property in accordance 
with this subsection, all right, title, and interest 
in and to the property shall revert to the United 
States, at the option of the Secretary. 
(3) MITIGATION.—Nothing in this subsection ex-
tinguishes the responsibility of the Federal Govern-
VerDate Aug 31 2005 
23:01 Apr 05, 2007
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