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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-
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
(f) 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.
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(g) 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 enti-
ty.
(h) 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.
(i) 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. 5052. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 335) is amended—
(1) by striking ‘‘$10,000,000’’ and inserting
‘‘$30,000,000’’; and
(2) by striking ‘‘Lake and Porter’’ and insert-
ing ‘‘Benton, Jasper, Lake, Newton, and Porter’’.
SEC. 5053. RATHBUN LAKE, IOWA.
(a) CONVEYANCE.—The Secretary shall convey the
remaining water supply storage allocation in Rathbun
220
Lake, Iowa, to the Rathbun Regional Water Association
(in this section referred to as the ‘‘Water Association’’).
(b) COST SHARING.—Notwithstanding the Water
Supply Act of 1958 (43 U.S.C. 390b), the Water Associa-
tion shall pay 100 percent of the cost of the water supply
storage allocation to be conveyed under subsection (a).
The Secretary shall credit toward such non-Federal share
the cost of any structures and facilities constructed by the
Water Association at the project.
(c) TERMS AND CONDITIONS.—Before conveying the
water supply storage allocation under subsection (a), the
Secretary shall enter into an agreement with the Water
Association, under which the Water Association shall
agree to—
(1) in accordance with designs approved by the
Chief of Engineers, construct structures and facili-
ties referred to in subsection (b) that have a value
equal to or greater than the amount that otherwise
would be paid to the Federal Government for the
costs of the water supply storage under the Water
Supply Act of 1958 (43 U.S.C. 390b);
(2) be responsible for operating and maintain-
ing the structures and facilities;
(3) pay all operation and maintenance costs al-
located to the water supply storage space;
221
(4) use any revenues generated at the struc-
tures and facilities that are above those required to
operate and maintain or improve the complex to un-
dertake, subject to the approval of the Chief of En-
gineers, activities that will improve the quality of the
environment in the Rathbun Lake watershed area;
and
(5) such other terms and conditions as the Sec-
retary considers necessary to protect the interests of
the United States.
SEC. 5054. CUMBERLAND RIVER BASIN, KENTUCKY.
At reservoirs managed by the Secretary within the
Cumberland River basin, Kentucky, the Secretary shall
continue to charge fees associated with storage and main-
tenance of water supply that were in effect on October
1, 2002.
SEC. 5055. MAYFIELD CREEK AND TRIBUTARIES, KEN-
TUCKY.
The Secretary shall conduct a study of flood damage
along Mayfield Creek and tributaries between Wickliffe
and Mayfield, Kentucky, to determine if the damage is the
result of a Federal flood damage reduction project, and,
if the Secretary determines that the damage is the result
of a Federal flood damage reduction project, the Secretary
222
shall carry out a project to mitigate the damage at Federal
expense.
SEC. 5056. NORTH FORK, KENTUCKY RIVER, BREATHITT
COUNTY, KENTUCKY.
The Secretary shall rebuild the structure that is im-
peding high water flows on the North Fork of the Ken-
tucky River in Breathitt County, Kentucky, in a manner
that will reduce flood damages, at an estimated total cost
of $1,800,000. The non-Federal interest shall provide
lands, easements, rights-of-way, relocations, and disposal
areas required for the project. Operation and maintenance
of the rebuilt structure shall be a non-Federal expense.
SEC. 5057. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act
of 1996 (110 Stat. 3774; 113 Stat. 348; 117 Stat. 142)
is amended by adding the following:
‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent
of the amounts appropriated to carry out this section for
fiscal years 2004 and thereafter may be used by the Corps
of Engineers district offices to administer projects under
this section at 100 percent Federal expense.’’.
SEC. 5058. COASTAL LOUISIANA ECOSYSTEM PROTECTION
AND RESTORATION.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
223
(1) COASTAL
LOUISIANA
ECOSYSTEM.—The
term ‘‘Coastal Louisiana Ecosystem’’ means the
coastal area of Louisiana from the Sabine River on
the west to the Pearl River on the east and includes
tidal waters, barrier islands, marshes, coastal wet-
lands, rivers and streams, and adjacent areas.
(2) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of Louisiana.
(3) TASK
FORCE.—The term ‘‘Task Force’’
means the Coastal Louisiana Ecosystem Protection
and Restoration Task Force established by sub-
section (e).
(b) COMPREHENSIVE PLAN.—
(1) IN GENERAL.—The Secretary shall develop
a comprehensive plan for the purpose of protecting,
preserving, and restoring the Coastal Louisiana Eco-
system. The comprehensive plan shall provide for the
protection, conservation and restoration of the wet-
lands, barrier islands, shorelines, and related lands
and features that protect critical resources, habitat,
and infrastructure from the impacts of coastal
storms, hurricanes, erosion, and subsidence.
(2) DEADLINE.—Not later than July 1, 2004,
the Secretary shall transmit the plan to Congress.