I
107TH CONGRESS
2D SESSION
H. R. 5428
To provide for the conservation and development of water and related re-
sources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 2002
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. DUNCAN, and Mr.
DEFAZIO) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To provide for the conservation and development of water
and related resources, to authorize the Secretary of the
Army to construct various projects for improvements to
rivers and harbors of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Resources Development Act of 2002’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
Sec. 108. Upper Big Sioux River, Watertown, South Dakota.
TITLE II—GENERAL PROVISIONS
Sec. 201. Annual passes for recreation.
Sec. 202. Non-Federal contributions.
Sec. 203. Harbor cost sharing.
Sec. 204. Funding to process permits.
Sec. 205. National shoreline erosion control development and demonstration
program.
Sec. 206. Written agreement for water resources projects.
Sec. 207. Assistance for remediation, restoration, and reuse.
Sec. 208. Compilation of laws.
Sec. 209. Dredged material disposal.
Sec. 210. Wetlands mitigation.
Sec. 211. Remote and subsistence harbors.
Sec. 212. Beneficial uses of dredged material.
Sec. 213. Cost sharing provisions for certain areas.
Sec. 214. Revision of project cooperation agreement.
Sec. 215. Cost sharing.
Sec. 216. Credit for work performed before cooperation agreement.
Sec. 217. Recreation user fee revenues.
Sec. 218. Expedited actions for emergency flood damage reduction.
Sec. 219. Watershed and river basin assessments.
Sec. 220. Tribal partnership program.
Sec. 221. Treatment of certain separable elements.
TITLE III—PROJECT-RELATED PROVISIONS
Sec. 301. Cook Inlet, Anchorage Harbor, Alaska.
Sec. 302. Galena, Alaska.
Sec. 303. King Cove Harbor, Alaska.
Sec. 304. St. Paul Harbor, Alaska.
Sec. 305. Sitka, Alaska.
Sec. 306. Tatilek, Alaska.
Sec. 307. American and Sacramento Rivers, California.
Sec. 308. Cache Creek Basin, California.
Sec. 309. Grayson Creek/Murderer’s Creek, California.
Sec. 310. John F. Baldwin Ship Channel and Stockton Ship Channel, Cali-
fornia.
Sec. 311. Los Angeles Harbor, Los Angeles, California.
Sec. 312. Larkspur Ferry Channel, Larkspur, California.
Sec. 313. Napa River Salt Marsh Restoration, Napa River, California.
Sec. 314. Pacific Flyway Center, Sacramento, California.
Sec. 315. Pinole Creek, California.
Sec. 316. Prado Dam, California.
Sec. 317. Sacramento Deep Water Ship Channel, California.
Sec. 318. Sacramento River, Glenn-Colusa, California.
Sec. 319. San Lorenzo River, California.
Sec. 320. Terminus Dam, Kaweah River, California.
Sec. 321. Upper Guadalupe River, California.
Sec. 322. Walnut Creek Channel, California.
Sec. 323. Wildcat/San Pablo Creek Phase I, California.
Sec. 324. Wildcat/San Pablo Creek Phase II, California.
Sec. 325. Brevard County, Florida.
Sec. 326. Gasparilla and Estero Islands, Florida.
Sec. 327. Lido Key Beach, Sarasota, Florida.
Sec. 328. Manatee Harbor, Florida.
Sec. 329. Rose Bay, Volusia County, Florida.
Sec. 330. Tampa Harbor, Florida.
Sec. 331. Tampa Harbor-Big Bend Channel, Florida.
Sec. 332. Little Wood River, Gooding, Idaho.
Sec. 333. Indiana Harbor, Indiana.
Sec. 334. Little Calumet River, Indiana.
Sec. 335. Little Calumet River Basin (Cady Marsh Ditch), Indiana.
Sec. 336. Long Lake, Indiana.
Sec. 337. White River, Indiana.
Sec. 338. Wolf Lake, Indiana.
Sec. 339. Harlan County, Kentucky.
Sec. 340. Amite River and Tributaries, Louisiana, East Baton Rouge Parish
Watershed.
Sec. 341. J. Bennett Johnston Waterway, Mississippi River to Shreveport,
Louisiana.
Sec. 342. Mississippi Delta Region, Louisiana.
Sec. 343. West Bank of the Mississippi River (east of Harvey Canal), Lou-
isiana.
Sec. 344. Cass River, Spaulding Township, Michigan.
Sec. 345. Detroit River Shoreline, Detroit, Michigan.
Sec. 346. Water Resources Institute, Muskegon, Michigan.
Sec. 347. Saginaw River, Bay City, Michigan.
Sec. 348. Ada, Minnesota.
Sec. 349. Duluth Harbor, Mcquade Road, Minnesota.
Sec. 350. Granite Falls, Minnesota.
Sec. 351. Red Lake River, Minnesota.
Sec. 352. Silver Bay, Minnesota.
Sec. 353. Taconite Harbor, Minnesota.
Sec. 354. Two Harbors, Minnesota.
Sec. 355. Bois Brule Drainage and Levee District, Missouri.
Sec. 356. Turkey Creek basin, Kansas City, Missouri, and Kansas City, Kan-
sas.
Sec. 357. Orchard Beach, Bronx, New York.
Sec. 358. Times Beach, Buffalo, New York.
Sec. 359. Port of New York and New Jersey, New York and New Jersey.
Sec. 360. New York State Canal System.
Sec. 361. Ashtabula River, Ohio.
Sec. 362. Willamette River Temperature Control, Mckenzie Subbasin, Oregon.
Sec. 363. Lackawanna River at Olyphant, Pennsylvania.
Sec. 364. Lackawanna River at Scranton, Pennsylvania.
Sec. 365. Raystown Lake, Pennsylvania.
Sec. 366. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 367. Solomon’s Creek, Wilkes-Barre, Pennsylvania.
Sec. 368. South Central Pennsylvania.
Sec. 369. Wyoming Valley, Pennsylvania.
Sec. 370. Little Limestone Creek, Jonesborough, Tennessee.
Sec. 371. Bowie County Levee, Texas.
Sec. 372. Lower Rio Grande Basin, Texas.
Sec. 373. North Padre Island, Corpus Christi Bay, Texas.
Sec. 374. San Antonio Channel, San Antonio, Texas.
Sec. 375. Elizabeth River, Chesapeake, Virginia.
Sec. 376. Great Bridge, Chesapeake, Virginia.
Sec. 377. Roanoke River Upper Basin, Virginia.
Sec. 378. Blair and Sitcum Waterways, Tacoma Harbor, Washington.
Sec. 379. Greenbrier River Basin, West Virginia.
Sec. 380. Manitowoc Harbor, Wisconsin.
Sec. 381. Continuation of project authorizations.
Sec. 382. Project reauthorization.
Sec. 383. Project deauthorizations.
Sec. 384. Land conveyances.
Sec. 385. Extinguishment of reversionary interests and use restrictions.
TITLE IV—STUDIES
Sec. 401. Great Lakes navigation system.
Sec. 402. John Glenn Great Lakes basin program.
Sec. 403. St. George Harbor, Alaska.
Sec. 404. Upper Mississippi River and Illinois Waterway, Illinois, Iowa, Min-
nesota, Missouri, and Wisconsin.
Sec. 405. Hamilton, California.
Sec. 406. Oceanside, California.
Sec. 407. Sacramento River, California.
Sec. 408. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 409. Tybee Island, Georgia.
Sec. 410. Paducah, Kentucky.
Sec. 411. West Feliciana Parish, Louisiana.
Sec. 412. City of Mackinac Island, Michigan.
Sec. 413. Chicago, Illinois.
Sec. 414. Mississippi River, Missouri and Illinois.
Sec. 415. Arthur Kill Channel and Morses Creek to Perth Amboy, New Jersey.
Sec. 416. Pueblo of Zuni, New Mexico.
Sec. 417. Hudson-Raritan Estuary, New York and New Jersey.
Sec. 418. Lake Carl Blackwell, Stillwater, Oklahoma.
Sec. 419. Sac and Fox Nation, Oklahoma.
Sec. 420. Sutherlin, Oregon
Sec. 421. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 422. Northeastern Pennsylvania aquatic ecosystem restoration and protec-
tion.
Sec. 423. Brownsville Ship Channel, Texas.
Sec. 424. Sabine Pass to Galveston Bay, Texas.
Sec. 425. Chehalis River Basin, Washington.
Sec. 426. Sprague, Lincoln County, Washington.
Sec. 427. Monongahela River basin, northern West Virginia.
Sec. 428. Wauwatosa, Wisconsin.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Maintenance of navigation channels.
Sec. 502. Watershed management.
Sec. 503. Dam safety.
Sec. 504. Structural integrity evaluations.
Sec. 505. Flood mitigation priority areas.
Sec. 506. Additional assistance for authorized projects.
Sec. 507. Expedited completion of reports and construction for certain projects.
Sec. 508. Expedited completion of reports for certain projects.
Sec. 509. Southeastern water resources assessment.
Sec. 510. Upper Mississippi River environmental management program.
Sec. 511. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 512. Membership of Missouri River Trust.
Sec. 513. Watershed management, restoration, and development.
Sec. 514. Great Lakes fishery and ecosystem restoration.
Sec. 515. Susquehanna, Delaware, and Potomac River basins.
Sec. 516. Chesapeake Bay environmental restoration and protection program.
Sec. 517. Montgomery, Alabama.
Sec. 518. Alaska.
Sec. 519. Akutan Small Boat Harbor, Alaska.
Sec. 520. Lowell Creek Tunnel, Seward, Alaska.
Sec. 521. St. Herman Harbor, Kodiak, Alaska.
Sec. 522. Augusta and Clarendon, Arkansas.
Sec. 523. Loomis Landing, Arkansas.
Sec. 524. St. Francis River basin, Arkansas and Missouri.
Sec. 525. Cambria, California.
Sec. 526. East San Joaquin County, California.
Sec. 527. Harbor/South Bay, California.
Sec. 528. San Francisco, California.
Sec. 529. San Francisco, California, waterfront area.
Sec. 530. Stockton, California.
Sec. 531. Everglades restoration, Florida.
Sec. 532. Mayo’s Bar Lock and Dam, Coosa River, Rome, Georgia.
Sec. 533. Riley Creek recreation area, Idaho.
Sec. 534. Grand Tower drainage and levees, Grand Tower Township, Illinois.
Sec. 535. Kaskaskia River basin, Illinois, restoration.
Sec. 536. Natalie Creek, Midlothian and Oak Forest, Illinois.
Sec. 537. Illinois River basin restoration.
Sec. 538. Calumet region, Indiana.
Sec. 539. Rathbun Lake, Iowa.
Sec. 540. Mayfield Creek and tributaries, Kentucky.
Sec. 541. Southern and Eastern Kentucky.
Sec. 542. Coastal Louisiana ecosystem protection and restoration.
Sec. 543. Baton Rouge, Louisiana.
Sec. 544. West Baton Rouge Parish, Louisiana.
Sec. 545. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania, and
Delaware.
Sec. 546. Delmarva conservation corridor, Maryland.
Sec. 547. Detroit River, Michigan.
Sec. 548. Oakland County, Michigan.
Sec. 549. St. Clair River and Lake St. Clair, Michigan.
Sec. 550. Garrison and Kathio Township, Minnesota.
Sec. 551. Northeastern Minnesota.
Sec. 552. Rural Nevada.
Sec. 553. Hackensack Meadowlands area, New Jersey.
Sec. 554. Atlantic Coast of New York.
Sec. 555. College Point, New York City, New York.
Sec. 556. Flushing Bay and Creek, New York City, New York.
Sec. 557. Little Neck Bay, Village of Kings Point, New York.
Sec. 558. Stanley County, North Carolina.
Sec. 559. Piedmont Lake Dam, Ohio.
Sec. 560. Waurika Lake, Oklahoma.
Sec. 561. Columbia River, Oregon.
Sec. 562. Eugene, Oregon.
Sec. 563. John Day Lock and Dam, Lake Umatilla, Oregon and Washington.
Sec. 564. Lowell, Oregon.
Sec. 565. Hagerman’s Run, Williamsport, Pennyslvania.
Sec. 566. Northeast Pennsylvania.
Sec. 567. Susquehannock Campground access road, Raystown Lake, Pennsyl-
vania.
Sec. 568. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 569. Washington, Greene, Westmoreland, and Fayette Counties, Pennsyl-
vania.
Sec. 570. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 571. Lakes Marion and Moultrie, South Carolina.
Sec. 572. Fritz Landing, Tennessee.
Sec. 573. Memphis, Tennessee.
Sec. 574. Town Creek, Lenoir City, Tennessee.
Sec. 575. Tennessee River partnership.
Sec. 576. Halls Bayou, Texas.
Sec. 577. Harris Gully, Harris County, Texas.
Sec. 578. Onion Creek, Texas.
Sec. 579. Pelican Island, Texas.
Sec. 580. Riverside Oxbow, Fort Worth, Texas.
Sec. 581. Richmond National Battlefield Park, Richmond, Virginia.
Sec. 582. Baker Bay and Ilwaco Harbor, Washington.
Sec. 583. Chehalis River, Centralia, Washington.
Sec. 584. Hamilton Island campground, Washington.
Sec. 585. Puget Island, Washington.
Sec. 586. West Virginia and Pennsylvania flood control.
Sec. 587. Lower Kanawha River Basin, West Virginia.
Sec. 588. Central West Virginia.
Sec. 589. Southern West Virginia.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army.
TITLE I—WATER RESOURCES
PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
Except as otherwise provided in this section, the fol-
lowing projects for water resources development and con-
servation and other purposes are authorized to be carried
out by the Secretary substantially in accordance with the
plans, and subject to the conditions, described in the re-
spective reports designated in this section:
(1) PINE
FLAT
DAM
AND
RESERVOIR, CALI-
FORNIA.—The project for environmental restoration,
Pine Flat Dam and Reservoir, Fresno County, Cali-
fornia: Report of the Chief of Engineers, dated July
19, 2002, at a total cost of $37,100,000, with an es-
timated Federal cost of $24,116,000 and an esti-
mated non-Federal cost of $12,984,000.
(2) MORGANZA TO THE GULF OF MEXICO, LOU-
ISIANA.—The project for hurricane and storm dam-
age reduction, Morganza to the Gulf of Mexico, Lou-
isiana: Report of the Chief of Engineers, dated Au-
gust 23, 2002, at a total cost of $680,00,000, with
an estimated Federal cost of $442,000,000 and an
estimated non-Federal cost of $238,000,000.
(3) SMITH
ISLAND, MARYLAND.—The project
for environmental restoration and protection, Smith
Island, Maryland: Report of the Chief of Engineers,
dated October 29, 2001, at a total cost of
$7,442,000, with an estimated Federal cost of
$4,838,000 and an estimated non-Federal cost of
$2,604,000.
(4) CHICKAMAUGA
LOCK
AND
DAM, 
TEN-
NESSEE.—The project for inland navigation, Chicka-
mauga Lock and Dam, Tennessee: Report of the
Chief of Engineers, dated May 30, 2002; except that
the Secretary shall construct the project in accord-
ance with the plan that includes a 110-foot by 600-
foot 
replacement 
lock 
at 
a 
total 
cost 
of
$267,167,000. The costs of such construction shall
be paid 1⁄2 from amounts appropriated from the gen-
eral fund of the Treasury and 1⁄2 from amounts ap-
propriated from the Inland Waterways Trust Fund.
SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUC-
TION.
(a) IN GENERAL.—The Secretary shall conduct a
study for each of the following projects and, if the Sec-
retary determines that a project is feasible, may carry out
the project under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s):
(1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.—
Project for flood damage reduction, Cache River
basin, Grubbs, Arkansas.
(2) SANTA
ANA
RIVER
BASIN
AND
ORANGE
COUNTY STREAMS, CALIFORNIA.—Project for flood
damage reduction, Santa Ana River basin and Or-
ange County streams, California.
(3) NASHUA
RIVER, FITCHBURG, MASSACHU-
SETTS.—Project for flood damage reduction, Nashua
River, Fitchburg, Massachusetts.
(4) SAGINAW RIVER, HAMILTON DAM, FLINT,
MICHIGAN.—Project for flood damage reduction,
Saginaw River, Hamilton Dam, Flint, Michigan.
(5) SOUTH BRANCH OF THE WILD RICE RIVER,
BORUP, MINNESOTA.—Project for flood damage re-
duction, South Branch of the Wild Rice River,
Borup, Minnesota
(6) BLACKSNAKE
CREEK, ST. JOSEPH, MIS-
SOURI.—Project for flood damage reduction, Black-
snake Creek, St. Joseph, Missouri.
(7) JAMES
RIVER, 
GREENE
COUNTY, 
MIS-
SOURI.—Project for flood damage reduction, James
River, Greene County, Missouri.
(8) MCKEEL
BROOK, NEW
JERSEY.—Project
for flood damage reduction, McKeel Brook, New
Jersey.
(9) EAST HUDSON RIVER, SILVER BEACH, NEW
YORK CITY, NEW YORK.—Project for flood damage
reduction, East Hudson River, Silver Beach, New
York City, New York.
(10) LITTLE
MILL
CREEK, 
SOUTHAMPTON,
PENNSYLVANIA.—Project for flood damage reduc-
tion, Little Mill Creek, Southampton, Pennsylvania.
(11) LITTLE NESHAMINY CREEK, WARRENTON,
PENNSYLVANIA.—Project for flood damage reduc-
tion, Little Neshaminy Creek, Warrenton, Pennsyl-
vania.
(12) SURFSIDE
BEACH, SOUTH
CAROLINA.—
Project for flood damage reduction, Surfside Beach
and vicinity, South Carolina.
(b) SPECIAL RULES.—In carrying out the project for
flood damage reduction, South Branch of the Wild Rice
River, Borup, Minnesota, referred to in subsection (a)(4)
the Secretary may consider national ecosystem restoration
benefits in determining the Federal interest in the project
and shall allow the non-Federal interest to participate in
the financing 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 Secretary’s evalua-
tion indicates that applying such section is necessary to
implement the project.
SEC. 
103. 
SMALL 
PROJECTS 
FOR 
EMERGENCY
STREAMBANK PROTECTION.
The Secretary shall conduct a study for the following
project and, if the Secretary determines that the project
is feasible, may carry out the project under section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) MIDDLE
FORK
GRAND
RIVER, GENTRY
COUNTY, 
MISSOURI.—Project 
for 
emergency
streambank protection, Middle Fork Grand River,
Gentry County, Missouri.
SEC. 104. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that
a project is feasible, may carry out the project under sec-
tion 107 of the River and Harbor Act of 1960 (33 U.S.C.
577):
(1) BLYTHEVILLE
COUNTY
HARBOR, ARKAN-
SAS.—Project for navigation, Blytheville County
Harbor, Arkansas.
(2) EVANSTON, ILLINOIS.—Project for naviga-
tion, Evanston, Illinois.
(3) NIAGARA FRONTIER TRANSPORTATION AU-
THORITY
BOAT
HARBOR, BUFFALO, NEW
YORK.—
Project for navigation, Niagara Frontier Transpor-
tation Authority Boat Harbor, Buffalo, New York.
(4) WOODLAWN
MARINA, LACKAWANNA, NEW
YORK.—Project for navigation, Woodlawn Marina,
Lackawanna, New York.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE
QUALITY OF THE ENVIRONMENT.
The Secretary shall conduct a study for the following
project and, if the Secretary determines that the project
is appropriate, may carry out the project under section
1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a):
(1) SMITHVILLE LAKE, MISSOURI.—Project for
improvement of the quality of the environment,
Smithville Lake, Missouri.
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RES-
TORATION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that
a project is appropriate, may carry out the project under
section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330):
(1) COLORADO
RIVER, 
YUMA, 
ARIZONA.—
Project for aquatic ecosystem restoration, Colorado
River, Yuma, Arizona.
(2) CHINO VALLEY, CALIFORNIA.—Project for
aquatic ecosystem restoration, Chino Valley, Cali-
fornia.
(3) STOCKTON
DEEP
WATER
SHIP
CHANNEL
AND
LOWER
SAN
JOAQUIN
RIVER, CALIFORNIA.—
Project for aquatic ecosystem restoration, Stockton
Deep Water Ship Channel and lower San Joaquin
River, California.
(4) SWEETWATER
RESERVOIR, 
SAN
DIEGO
COUNTY, CALIFORNIA.—Project for aquatic eco-
system restoration, Sweetwater Reservoir, San Diego
County, California, including efforts to address
aquatic invasive plant species.
(5) BISCAYNE
BAY, 
FLORIDA.—Project for
aquatic ecosystem restoration, Biscayne Bay, Key
Biscayne, Florida.
(6) CHATTAHOOCHEE
RIVER
AND
OCMULGEE
RIVER BASINS, GEORGIA.—Project for aquatic eco-
system 
restoration, 
Chattahoochee 
River 
and
Ocmulgee River basins, Gwinnett County, Georgia.
(7) SNAKE
RIVER, JEROME, IDAHO.—Project
for aquatic ecosystem restoration, Snake River, Je-
rome, Idaho.
SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for the following
project and, if the Secretary determines that the project
is feasible, may carry out the project under section 3 of
the Act entitled ‘‘An Act authorizing Federal participation
in the cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946 (33 U.S.C. 426g):
(1) NELSON
LAGOON, ALASKA.—Project for
shoreline protection, Nelson Lagoon, Alaska.
SEC. 108. UPPER BIG SIOUX RIVER, WATERTOWN, SOUTH
DAKOTA.
(a) IN GENERAL.—The Secretary shall conduct a re-
evaluation of the project for flood damage reduction,
Upper Big Sioux River basin, Watertown, South Dakota,
as described in the report of the Chief of Engineers, dated
August 31, 1994, and entitled ‘‘Watertown and Vicinity,
South Dakota’’.
(b) NON-FEDERAL SHARE.—
(1) IN GENERAL.—The non-Federal share of
the cost of the reevaluation may be provided in the
form of in-kind services and materials.
(2) CREDIT.—The Secretary shall credit toward
the non-Federal share of the cost of the reevaluation
the cost of planning and design work carried out by
the non-Federal interest before the date of an agree-
ment for the reevaluation if the Secretary deter-
mines that such work is integral to the reevaluation.
(c) PROJECT AUTHORIZATION.—If the Secretary de-
termines as a result of the reevaluation that the project
referred to in subsection (a) is feasible, the Secretary may
carry out the project, at a total cost of $18,000,000.
TITLE II—GENERAL PROVISIONS
SEC. 201. ANNUAL PASSES FOR RECREATION.
Section 208(c)(4) of the Water Resources Develop-
ment Act of 1996 (16 U.S.C. 460d–3 note; 110 Stat.
3681; 113 Stat. 294) is amended by striking ‘‘the Decem-
ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.
SEC. 202. NON-FEDERAL CONTRIBUTIONS.
Section 103 of the Water Resources Development Act
of 1986 (33 U.S.C. 2213) is amended by adding at the
end the following:
‘‘(n) NON-FEDERAL CONTRIBUTIONS.—
‘‘(1) PROHIBITION
ON
SOLICITATION
OF
EX-
CESS CONTRIBUTIONS.—The Secretary may not so-
licit contributions from non-Federal interests for
costs of constructing authorized water resources de-
velopment projects or measures in excess of the non-
Federal share assigned to the appropriate project
purposes listed in subsections (a), (b), and (c) or
condition Federal participation in such projects or
measures on the receipt of such contributions.
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to affect the Secretary’s authority under section
903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184).’’.
under subsection (a) shall not affect the order in
which permits are considered or approved by the
Secretary.’’.
SEC. 205. NATIONAL SHORELINE EROSION CONTROL DE-
VELOPMENT 
AND 
DEMONSTRATION 
PRO-
GRAM.
(a) EXTENSION OF PROGRAM.—Section 5(a) of the
Act entitled ‘‘An Act authorizing Federal participation in
the cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946 (33 U.S.C. 426h(a)), is
amended by striking ‘‘6 years’’ and inserting ‘‘10 years’’.
(b) EXTENSION OF PLANNING, DESIGN, AND CON-
STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33
U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’
and inserting ‘‘6 years’’.
(c) COST-SHARING; REMOVAL OF PROJECTS.—Sec-
tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended—
(1) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) COST SHARING.—The Secretary may enter
into a cost-sharing agreement with a non-Federal in-
terest to carry out a project, or a phase of a project,
under the erosion control program in cooperation
with the non-Federal interest.
‘‘(4) REMOVAL OF PROJECTS.—The Secretary
may pay all or a portion of the costs of removing a
project, or an element of a project, constructed
under the erosion control program if the Secretary
determines during the term of the program that the
project or element is detrimental to the environment,
private property, or public safety.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended
by striking ‘‘$21,000,000’’ and inserting ‘‘$31,000,000’’.
SEC. 206. WRITTEN AGREEMENT FOR WATER RESOURCES
PROJECTS.
(a) LIQUIDATED DAMAGES.—Section 221(a) of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)) is
amended by inserting after ‘‘$25,000.’’ the following:
‘‘Such agreement may include a provision for liquidated
damages in the event of a failure of one or more parties
to perform.’’.
(b) LOCAL COOPERATION.—Section 912(b) of the
Water Resources Development Act of 1986 (101 Stat.
4190) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘shall’’ the first place it
appears and inserting ‘‘may’’; and
(B) by striking the last sentence; and
(2) in paragraph (4)—
(A) by inserting after ‘‘injunction, for’’ the
following: ‘‘payment of liquidated damages or,
for’’;
(B) by striking ‘‘to collect a civil penalty
imposed under this section,’’; and
(C) by striking ‘‘any civil penalty imposed
under this section,’’ and inserting ‘‘any liq-
uidated damages,’’.
SEC. 207. ASSISTANCE FOR REMEDIATION, RESTORATION,
AND REUSE.
(a) IN GENERAL.—The Secretary may provide to
State and local governments assessment, planning, and
design assistance for remediation, environmental restora-
tion, or reuse of areas located within the boundaries of
such State or local governments where such remediation,
environmental restoration, or reuse will contribute to the
improvement of water quality or the conservation of water
and related resources of drainage basins and watersheds
within the United States.
(b) NON-FEDERAL SHARE.—The non-Federal share
of the cost of assistance provided under subsection (a)
shall be 50 percent.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$3,000,000 for each of fiscal years 2003 through 2007.
SEC. 208. COMPILATION OF LAWS.
Within one year after the date of enactment of this
Act, the laws of the United States relating to the improve-
ment of rivers and harbors, flood control, beach erosion,
and other water resources development enacted after No-
vember 8, 1966, and before January 1, 2003, shall be
compiled under the direction of the Secretary and the
Chief of Engineers and printed for the use of the Depart-
ment of the Army, Congress, and the general public. The
Secretary shall reprint the volumes containing such laws
enacted before November 8, 1966. In addition, the Sec-
retary shall include an index in each volume so compiled
or reprinted. Not later than December 1, 2003, the Sec-
retary shall transmit at least 25 copies of each such vol-
ume to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 209. DREDGED MATERIAL DISPOSAL.
Section 217 of the Water Resources Development Act
of 1996 (33 U.S.C. 2326a; 110 Stat. 3694–3696) is
amended—
(1) by redesignating subsection (c) as sub-
section (d);
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) GOVERNMENTAL PARTNERSHIPS.—
‘‘(1) IN GENERAL.—The Secretary may enter
into cost-sharing agreements with 1 or more non-
Federal public interests with respect to a project, or
group of projects within a geographic region if ap-
propriate, for the acquisition, design, construction,
management, or operation of a dredged material
processing, treatment, or disposal facility (including
any facility used to demonstrate potential beneficial
uses of dredged material) using funds provided in
whole or in part by the Federal Government. One or
more of the parties of the agreement may perform
the acquisition, design, construction, management,
or operation of a dredged material processing, treat-
ment, or disposal facility. If appropriate, the Sec-
retary may combine portions of separate construc-
tion or maintenance appropriations from separate
Federal projects with the appropriate combined cost-
sharing between the various projects when the facil-
ity serves to manage dredged material from multiple
Federal projects located in the geographic region of
the facility.
‘‘(2) PUBLIC FINANCING.—
‘‘(A) AGREEMENTS.—The agreement used
shall clearly specify the Federal funding sources
and combined cost-sharing when applicable to
multiple Federal navigation projects and the re-
sponsibilities and risks of each of the parties re-
lated to present and future dredged material
managed by the facility.
‘‘(B) CREDIT.—Nothing in this subsection
supersedes or modifies existing agreements be-
tween the Federal Government and any non-
Federal sponsors for the cost-sharing, construc-
tion, and operation and maintenance of Federal
navigation projects. Subject to the approval of
the Secretary and in accordance with existing
laws, regulations, and policies, a non-Federal
public sponsor of a Federal navigation project
may seek credit for funds provided in the acqui-
sition, design, construction, management, or op-
eration of a dredged material processing, treat-
ment, or disposal facility to the extent the facil-
ity is used to manage dredged material from
the Federal navigation project. The non-Federal
sponsor shall be responsible for providing all
necessary lands, easements, rights-of-way, or
relocations associated with the facility and shall
receive credit for these items.’’; and
(3) in subsection (d), as so redesignated, by in-
serting ‘‘processing, treatment, or’’ after ‘‘dredged
material’’.
SEC. 210. WETLANDS MITIGATION.
In carrying out a water resources project that in-
volves wetlands mitigation and that has impacts that occur
within the service area of a mitigation bank, the Secretary,
to the maximum extent practicable and where appropriate,
shall give preference to the use of the mitigation bank if
the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Oper-
ation of Mitigation Banks (60 Fed. Reg. 58605) or other
applicable Federal law (including regulations).
SEC. 211. REMOTE AND SUBSISTENCE HARBORS.
(a) IN GENERAL.—In conducting a study of harbor
and navigation improvements, the Secretary may rec-
ommend a project without the need to demonstrate that
the project is justified solely by national economic develop-
ment benefits if the Secretary determines that—
(1)(A) the community to be served by the
project is at least 70 miles from the nearest surface
accessible commercial port and has no direct rail or
highway link to another community served by a sur-
face accessible port or harbor; or
(B) the project would be located in the Com-
monwealth of Puerto Rico, Guam, the Common-
wealth of the Northern Mariana Islands, or Amer-
ican Samoa;
(2) the harbor is economically critical such that
over 80 percent of the goods transported through
the harbor would be consumed within the community
served by the harbor and navigation improvement;
and
(3) the long-term viability of the community
would be threatened without the harbor and naviga-
tion improvement.
(b) JUSTIFICATION.—In considering whether to rec-
ommend a project under subsection (a), the Secretary
shall consider the benefits of the project to—
(1) public health and safety of the local commu-
nity, including access to facilities designed to protect
public health and safety;
(2) access to natural resources for subsistence
purposes;
(3) local and regional economic opportunities;
(4) welfare of the local population; and
(5) social and cultural value to the community.
SEC. 212. BENEFICIAL USES OF DREDGED MATERIAL.
(a) IN GENERAL.—Section 204 of the Water Re-
sources Development Act of 1992 (33 U.S.C. 2326) is
amended by striking subsections (c) through (e) and in-
serting the following:
‘‘(c) IN GENERAL.—The Secretary may carry out
projects to transport and place suitable material dredged
in connection with the construction, operation, or mainte-
nance of an authorized navigation project at locations se-
lected by a non-Federal public entity for use in the con-
struction, repair, or rehabilitation of public projects asso-
ciated with navigation, flood damage reduction, hydro-
electric power, municipal and industrial water supply, ag-
ricultural water supply, recreation, hurricane and storm
damage reduction, aquatic plant control, and environ-
mental protection and restoration.
‘‘(d) COOPERATIVE AGREEMENT.—Any project un-
dertaken pursuant to this section shall be initiated only
after non-Federal interests have entered into an agree-
ment with the Secretary in which the non-Federal inter-
ests agree to pay the non-Federal share of the cost of con-
struction of the project and 100 percent of the cost of
operation, maintenance, replacement, and rehabilitation of
the project in accordance with section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
‘‘(e) DETERMINATION OF CONSTRUCTION COSTS.—
Costs associated with construction of a project under this
section shall be limited solely to construction costs that
are in excess of those costs necessary to carry out the
dredging for construction, operation, or maintenance of
the authorized navigation project in the most cost effective
way, consistent with economic, engineering, and environ-
mental criteria.
‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec-
tion 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d–5b), for any project carried out under this section,
a non-Federal interest may include a nonprofit entity, with
the consent of the affected local government.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $30,000,000 annually for
projects under this section. Such sums shall remain avail-
able until expended.
‘‘(h) REGIONAL SEDIMENT MANAGEMENT PLAN-
NING.—In consultation with appropriate State and Fed-
eral agencies, the Secretary may develop, at Federal ex-
pense, plans for regional management of material dredged
in conjunction with the construction, operation, or mainte-
nance of navigation projects, including potential beneficial
uses of dredged material for construction, repair, or reha-
bilitation of public projects for navigation, flood damage
reduction, hydroelectric power, municipal and industrial
water supply, agricultural water supply, recreation, hurri-
cane and storm damage reduction, aquatic plant control,
and environmental protection and restoration.’’.
(b) REPEAL.—
(1) IN GENERAL.—Section 145 of the Water
Resources Development Act of 1976 (33 U.S.C.
426j) is repealed.
(2) HOLD
HARMLESS.—The repeal made by
paragraph (1) shall not affect the authority of the
Secretary to complete any project being carried out
under such section 145 on the day before the date
of enactment of this Act.
(c) PRIORITY AREAS.—In carrying out section 204
of the Water Resources Development Act of 1992 (33
U.S.C 2326), the Secretary shall give priority to a project
in the vicinity of Morehead City, North Carolina.
SEC. 213. COST SHARING PROVISIONS FOR CERTAIN AREAS.
Section 1156 of the Water Resources Development
Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended
to read as follows:
‘‘SEC. 1156. COST SHARING PROVISIONS FOR CERTAIN
AREAS.
‘‘The Secretary shall waive local cost-sharing require-
ments up to $500,000 for all studies and projects in the
Commonwealth of Puerto Rico, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, and
the United States Virgin Islands, in Indian country (as
defined in section 1151 of title 18, United States Code,
and including lands that are within the jurisdictional area
of an Oklahoma Indian tribe, as determined by the Sec-
retary of the Interior, and are recognized by the Secretary
of the Interior as eligible for trust land status under part
151 of title 25, Code of Federal Regulations) or on land
in the State of Alaska conveyed to an Alaska Native Vil-
lage Corporation under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.).’’.
SEC. 214. REVISION OF PROJECT COOPERATION AGREE-
MENT.
Upon authorization by law of an increase in the max-
imum amount of Federal funds that may be allocated for
a project or an increase in the total cost of a project au-
thorized to be carried out by the Secretary, the Secretary
shall revise the project cooperation agreement for the
project to take into account the change in Federal partici-
pation in the project.
SEC. 215. COST SHARING.
An increase in the maximum amount of Federal
funds that may be allocated for a project or an increase
in the total cost of a project authorized to be carried out
by the Secretary shall not affect any cost sharing require-
ment applicable to the project under title I of the Water
Resources Development Act of 1986 (33 U.S.C. 2211 et
seq.).
SEC. 216. CREDIT FOR WORK PERFORMED BEFORE CO-
OPERATION AGREEMENT.
If the Secretary is authorized to credit toward the
non-Federal share the cost of work carried out by the non-
Federal interest before the date of the cooperation agree-
ment for the project and such work has not been carried
out as of the date of enactment of this Act, the Secretary
shall enter into an agreement with the non-Federal inter-
est for the project under which the non-Federal interest
shall carry out such work, and the credit shall apply only
to work carried out under the agreement entered into
under this section.
SEC. 217. RECREATION USER FEE REVENUES.
Section 225 of the Water Resources Development Act
of 1999 (113 Stat. 297–298) is amended—
(1) in subsection (a)(1) by striking ‘‘During fis-
cal years 1999 through 2002, the’’ and inserting
‘‘The’’; and
(2) in subsection (a)(3) by striking ‘‘September
30, 2005’’ and inserting ‘‘expended’’.
SEC. 218. EXPEDITED ACTIONS FOR EMERGENCY FLOOD
DAMAGE REDUCTION.
The Secretary shall expedite any authorized planning,
design, and construction of any project for flood damage
reduction for an area that, within the preceding 5 years,
has been subject to flooding that resulted in the loss of
life and caused damage of sufficient severity and mag-
nitude to warrant a declaration of a major disaster by the
President under the Robert T. Stafford Disaster and
Emergency Relief Act (42 U.S.C. 5121 et seq.).
SEC. 219. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) IN GENERAL.—Section 729(f)(1) of the Water
Resources Development Act of 1986 (114 Stat. 2588; 100
Stat. 4164) is amended to read as follows:
‘‘(1) NON-FEDERAL SHARE.—The non-Federal
share of the costs of an assessment carried out
under this section on or after December 11, 2000,
shall be 25 percent.’’.
(b) REVISION OF COOPERATION AGREEMENT.—The
Secretary shall revise the cooperation agreement for any
assessment being carried out under such section 729 to
take into account the change in non-Federal participation
in the assessment as a result of the amendment made by
subsection (a).
SEC. 220. TRIBAL PARTNERSHIP PROGRAM.
Section 203(b)(1)(B) of the Water Resources Devel-
opment Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat.
2589) is amended by inserting after ‘‘Code’’ the following
‘‘, and including lands that are within the jurisdictional
area of an Oklahoma Indian tribe, as determined by the
Secretary of the Interior, and are recognized by the Sec-
retary of the Interior as eligible for trust land status under
part 151 of title 25, Code of Federal Regulations’’.
SEC. 221. TREATMENT OF CERTAIN SEPARABLE ELEMENTS.
(a) IN GENERAL.—If, in carrying out a water re-
sources project, the Secretary identifies a separable ele-
ment that would advance a primary mission of the Corps
of Engineers, with benefits that could be achieved more
cost-effectively if carried out in conjunction with the
project, the Secretary, in consultation with the non-Fed-
eral interest, may carry out such separable element at
Federal expense not to exceed 3 percent of the Federal
project cost or $1,000,000, whichever is less.
(b) OPERATION AND MAINTENANCE.—Operation and
maintenance of work carried out under this section shall
be a non-Federal responsibility.
TITLE III—PROJECT-RELATED
PROVISIONS
SEC. 301. COOK INLET, ANCHORAGE HARBOR, ALASKA.
The project for navigation improvements, Cook Inlet,
Alaska (Anchorage Harbor, Alaska), authorized by section
101 of the River and Harbor Act of 1958 (72 Stat. 299)
and modified by section 199 of the Water Resources De-
velopment Act of 1976 (90 Stat. 2944), is further modi-
fied to authorize the Secretary to establish a harbor depth
of 45 feet for a length of 5,000 feet at the Port of Anchor-
age marine facility, at a total cost of $14,500,000. Federal
maintenance shall be in accordance with such section 101;
except that the project shall be maintained at a depth of
45 feet for such 5,000 feet.
SEC. 302. GALENA, ALASKA.
The project for emergency bank stabilization, Galena,
Alaska, authorized by title I of the Energy and Water De-
velopment Appropriations Act, 2001 (114 Stat. 1441A–
61), is modified to direct the Secretary to construct the
project, at a total cost of $6,000,000.
SEC. 303. KING COVE HARBOR, ALASKA.
The maximum amount of Federal funds that may be
expended for the project for navigation, King Cove Har-
bor, Alaska, being carried out under section 107 of the
River Harbor Act of 1960 (33 U.S.C. 577), shall be
$8,000,000.
SEC. 304. ST. PAUL HARBOR, ALASKA.
(a) IN GENERAL.—The project for navigation, St.
Paul Harbor, Alaska, authorized by section 101(b)(3) of
the Water Resources Development Act of 1996 (110 Stat.
3667) and modified by section 303 of the Water Resources
Development Act of 1999 (113 Stat. 298–299), is further
modified to direct the Secretary to construct the project,
at a total cost of $65,000,000.
(b) LIMITATION
ON NON-FEDERAL SHARE.—The
non-Federal share for the project shall not exceed
$14,400,000.
SEC. 305. SITKA, ALASKA.
The Thompson Harbor, Sitka, Alaska, element of the
project for navigation Southeast Alaska Harbors of Ref-
uge, Alaska, authorized by section 101 of the Water Re-
sources Development Act of 1992 (106 Stat. 4801), is
modified to direct the Secretary to take such action as
may be necessary to correct design deficiencies in such ele-
ment, at a Federal expense of $6,300,000.
SEC. 306. TATILEK, ALASKA.
The maximum amount of Federal funds that may be
expended for the project for navigation, Tatilek, Alaska,
being carried out under section 107 of the River and Har-
bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000.
SEC. 307. AMERICAN AND SACRAMENTO RIVERS, CALI-
FORNIA.
The project for flood damage reduction, American
and Sacramento Rivers, California, authorized by section
101(a)(1) of the Water Resources Development Act of
1996 (110 Stat. 3662–3663) and modified by section 366
of the Water Resources Development Act of 1999 (113
Stat. 319–320), is further modified to direct the Secretary
to carry out the project, at a total cost of $205,000,000.
SEC. 308. CACHE CREEK BASIN, CALIFORNIA.
The project for flood control, Cache Creek Basin,
California, authorized by section 401(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4112), is
modified to direct the Secretary to mitigate the impacts
of the new south levee of the Cache Creek settling basin
on the city of Woodland’s storm drainage system, includ-
ing all appurtenant features, erosion control measures,
and environmental protection features. Such mitigation
shall restore the city’s preproject capacity (1,360 cubic
feet per second) to release water to the Yolo Bypass, in-
cluding channel improvements, an outlet work through the
west levee of the Yolo Bypass, and a new low-flow cross
channel to handle city and county storm drainage and set-
tling basin flows (1,760 cubic feet per second) when the
Yolo Bypass is in a low flow condition.
SEC. 309. GRAYSON CREEK/MURDERER’S CREEK, CALI-
FORNIA.
The project for aquatic ecosystem restoration, Gray-
son Creek/Murderer’s Creek, California, 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 interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project and to authorize the
Secretary to consider national ecosystem restoration bene-
fits in determining the Federal interest in the project.
SEC. 310. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON
SHIP CHANNEL, CALIFORNIA.
The project for navigation, San Francisco to Stock-
ton, California, authorized by section 301 of the River and
Harbor Act of 1965 (79 Stat. 1091) is modified—
(1) to provide that the non-Federal share of the
cost of the John F. Baldwin Ship Channel and
Stockton Ship Channel element of the project may
be provided in the form of in-kind services and ma-
terials; and
(2) to direct the Secretary to credit toward the
non-Federal share of the cost of such element the
cost of planning and design work carried out by the
non-Federal interest before the date of an agreement
for such planning and design if the Secretary deter-
mines that such work is integral to such element.
SEC. 311. LOS ANGELES HARBOR, LOS ANGELES, CALI-
FORNIA.
The project for navigation, Los Angeles Harbor, Los
Angeles, California, authorized by section 101(b)(5) of the
Water Resources Development Act of 2000 (114 Stat.
2577), 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 coopera-
tion agreement for the project if the Secretary determines
the work is integral to the project.
SEC. 312. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI-
FORNIA.
The project for navigation, Larkspur Ferry Channel,
Larkspur, California, authorized by section 601(d) of the
Water Resources Development Act of 1986 (100 Stat.
4148), is modified to direct the Secretary to prepare a
limited reevaluation report to determine whether mainte-
nance of the project is feasible. If the Secretary deter-
mines that maintenance of the project is feasible, the Sec-
retary shall carry out the maintenance.
SEC. 313. NAPA RIVER SALT MARSH RESTORATION, NAPA
RIVER, CALIFORNIA.
In carrying out the feasibility study for the project
for aquatic ecosystem restoration, Napa River Salt Marsh
Restoration, Napa and Sonoma Counties, California, the
Secretary shall determine whether work carried out by the
non-Federal interest is integral to the project. In any case
in which the work is determined to be integral to the
project before completion of the final report of the Chief
of Engineers on the project, such work shall be included
as part of the project, and the cost of such work shall
be recommended in the final report for credit toward the
non-Federal share of the cost of the project. Work carried
out after submission of the final report and before the date
of the cooperation agreement for the project that is deter-
mined to be integral to the project shall be considered as
part of the project, and the cost of such work shall be
credited toward the non-Federal share of the cost of the
project.
SEC. 314. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI-
FORNIA.
The project for aquatic ecosystem restoration, Pacific
Flyway Center, Sacramento, California, being carried out
under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330), is modified to authorize
the Secretary to expend $1,000,000 to enhance public ac-
cess to the project.
SEC. 315. PINOLE CREEK, CALIFORNIA.
The project for improvement of the quality of the en-
vironment, Pinole Creek Phase I, California, being carried
out under section 1135 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2309a), 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 interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 316. PRADO DAM, CALIFORNIA.
Upon completion of the modifications to the Prado
Dam element of the project for flood control, Santa Ana
River Mainstem, California, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100
Stat. 4113), the Memorandum of Agreement for the Oper-
ation for Prado Dam for Seasonal Additional Water Con-
servation between the Department of the Army and the
Orange County Water District (including all the condi-
tions and stipulations in the memorandum) shall remain
in effect for volumes of water made available prior to such
modifications.
SEC. 317. SACRAMENTO DEEP WATER SHIP CHANNEL, CALI-
FORNIA.
The project for navigation, Sacramento Deep Water
Ship Channel, California, authorized by section 202(a) of
the Water Resources Development Act of 1986 (100 Stat.
4092), is modified to direct the Secretary to credit toward
the non-Federal share of the cost of the project the cost
of planning and design work carried out by the non-Fed-
eral interest before the date of the cooperation agreement
for the project if the Secretary determines that the work
is integral to the project.
SEC. 318. SACRAMENTO RIVER, GLENN-COLUSA, CALI-
FORNIA.
The project for flood control, Sacramento River, Cali-
fornia, authorized by section 2 of the Act entitled ‘‘An Act
to provide for the control of the floods of the Mississippi
River and of the Sacramento River, California, and for
other purposes’’, approved March 1, 1917 (39 Stat. 949),
and modified by section 102 of the Energy and Water De-
velopment Appropriations Act, 1990 (103 Stat. 649), sec-
tion 301(b)(3) of the Water Resources Development Act
of 1996 (110 Stat. 3110), title I of the Energy and Water
Development Appropriations Act, 1999 (112 Stat. 1841),
and section 305 of the Water Resources Development Act
of 1999 (113 Stat. 299), is further modified to direct the
Secretary to credit the non-Federal interest up to
$4,000,000 toward the non-Federal share of the cost of
the project for costs incurred by the non-Federal interest
in carrying out activities (including the provision of lands,
easements, rights-of-way, relocations, and dredged mate-
rial disposal areas) associated with environmental compli-
ance for the project if the Secretary determines that the
activities are integral to the project.
SEC. 319. SAN LORENZO RIVER, CALIFORNIA.
The project for flood control, San Lorenzo River,
California, authorized by section 101(a)(5) of the Water
Resources Development Act of 1996 (110 Stat. 3663), is
modified to direct the Secretary to credit not more than
$2,000,000 toward the non-Federal share of the cost of
the project for the cost of the work carried out by the
non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines the
work is integral to the project.
SEC. 320. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.
The project for flood control and water supply, Ter-
minus Dam, Kaweah River, California, authorized by sec-
tion 101(b)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3667) and modified by section 307
of the Water Resources Development Act of 1999 (113
Stat. 299), is further modified to authorize the Secretary
to construct the project, at a total cost of $50,000,000.
SEC. 321. UPPER GUADALUPE RIVER, CALIFORNIA.
The project for flood damage reduction and recre-
ation, Upper Guadalupe River, California, described as the
Bypass Channel Plan of the Chief of Engineers dated Au-
gust 19, 1998, authorized by section 101(a)(9) of the
Water Resources Development Act of 1999 (113 Stat.
275), is modified to authorize the Secretary to construct
the project, at a total cost of $140,328,000, with an esti-
mated Federal cost of $70,164,000, and an estimated non-
Federal cost of $70,164,000. The non-Federal share of
the cost of the project shall be subject to section 103(a)(3)
of the Water Resources Development Act of 1986 (33
U.S.C. 2213(a)(3)).
SEC. 322. WALNUT CREEK CHANNEL, CALIFORNIA.
The project for aquatic ecosystem restoration, Wal-
nut Creek Channel, California, 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
agreement for the project if the Secretary determines that
the work is integral to the project and to authorize the
Secretary to consider national ecosystem restoration bene-
fits in determining the Federal interest in the project.
SEC. 325. BREVARD COUNTY, FLORIDA.
Section 310 of the Water Resources Development Act
of 1999 (113 Stat. 301) is amended by adding at the end
the following:
‘‘(d) CREDIT.—After completion of the study, the
Secretary shall credit toward the non-Federal share of the
cost of the project the cost of nourishment and renourish-
ment associated with the shore protection project incurred
by the non-Federal interest to respond to damages to
Brevard County beaches that are the result of a Federal
navigation project, as determined in the final report for
the study.’’.
SEC. 326. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and
Estero Island segments, Lee County, Florida, authorized
under section 201 of the Flood Control Act of 1965 (79
Stat. 1073) by Senate Resolution dated December 17,
1970, and by House Resolution dated December 15, 1970,
and modified by section 309 of the Water Resources De-
velopment Act of 2000 (114 Stat. 2602), is further modi-
fied to direct the Secretary to credit toward the non-Fed-
eral share of the cost of the project the cost of work car-
ried out by the non-Federal interest before the date of the
cooperation agreement for the project if the Secretary de-
termines that the work is integral to the project.
SEC. 327. LIDO KEY BEACH, SARASOTA, FLORIDA.
The project for shore protection, Lido Key Beach,
Sarasota, Florida, authorized by section 101 of the River
and Harbor Act of 1970 (84 Stat. 1819), deauthorized
under section 1001(b) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 579a(b)), and reauthorized
by section 364(2)(A) of the Water Resources Development
Act of 1999 (113 Stat. 313), is modified to direct the Sec-
retary to construct the project, at a total cost of
$12,926,000, with an estimated Federal cost of
$6,547,000 and an estimated non-Federal cost of
$6,379,000, and at an estimated average annual cost of
$925,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of
$468,500 and an estimated annual non-Federal cost of
$456,500.
SEC. 328. MANATEE HARBOR, FLORIDA.
The project for navigation, Manatee Harbor, Florida,
authorized by section 202(a) of the Water Resources De-
velopment Act of 1986 (100 Stat. 4093) and modified by
section 102(j) of the Water Resources Development Act
of 1990 (104 Stat. 4612), is further modified—
(1) to include the construction of an extension
of the south channel a distance of approximately
1584 feet consistent with the general reevaluation
report, dated April 2002, prepared by the Jackson-
ville District Corps of Engineers, at a total cost of
$9,800,000, with an estimated Federal cost of
$7,350,000 and an estimated non-Federal cost of
$2,450,000;
(2) to direct the Secretary to credit toward the
non-Federal share of the cost of the project the cost
of in-kind services and materials provided for the
project by the non-Federal interest; and
(3) 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 cooperation agreement for the project if the Sec-
retary determines that the work is integral to the
project.
SEC. 329. ROSE BAY, VOLUSIA COUNTY, FLORIDA.
The project for aquatic ecosystem restoration, Rose
Bay, Volusia County, Florida, being carried out under sec-
tion 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 costs incurred by the Florida Department of
Transportation in constructing that portion of United
States Highway 1 bridge that the Secretary determines
is required for the proper functioning of the project.
SEC. 330. TAMPA HARBOR, FLORIDA.
The project for navigation, Tampa Harbor, Florida,
referred to in section 4 of the Rivers and Harbors Act
of September 22, 1922 (42 Stat. 1042), is modified to
direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of planning, de-
sign, and construction work carried out by the non-Fed-
eral interest before the date of the cooperation agreement
for the project if the Secretary determines that the work
is integral to the project.
SEC. 331. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.
The project for navigation, Tampa Harbor-Big Bend
Channel, Florida, authorized by section 101(a)(18) of the
Water Resources Development Act of 1999 (113 Stat.
276) is modified 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 cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 332. LITTLE WOOD RIVER, GOODING, IDAHO.
The project for flood damage reduction, Little Wood
River, Gooding, Idaho, being carried out under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
is modified—
(1) 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 services, materials, sup-
plies, or other in-kind contributions;
(2) to authorize the non-Federal interest to use
funds made available under any other Federal pro-
gram toward the non-Federal share of the cost of
the project if such use of the funds is permitted
under the other Federal program; and
(3) to direct the Secretary, in calculating the
non-Federal share of the cost of the project, to make
a determination 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. 333. INDIANA HARBOR, INDIANA.
The project for environmental dredging, Indiana
Harbor, Indiana, being carried out under section 312 of
the Water Resources Development Act of 1990 (33 U.S.C.
1252 note; 104 Stat. 4639), is modified to direct the Sec-
retary to credit toward the non-Federal share of the cost
of the project the cost of design work carried out by the
non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 334. LITTLE CALUMET RIVER, INDIANA.
The project for flood control, Little Calumet River,
Indiana, authorized by section 401(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4115), is
modified to authorize the Secretary to carry out the
project in accordance with the post authorization change
report dated August 2000, at a total cost of
$186,300,000, with an estimated Federal cost of
$136,600,000 and an estimated non-Federal cost of
$49,700,000.
SEC. 335. LITTLE CALUMET RIVER BASIN (CADY MARSH
DITCH), INDIANA.
The project for flood control, Little Calumet River
Basin (Cady Marsh Ditch), Indiana, authorized by section
401(a) the Water Resources Development Act of 1986
(100 Stat. 4115), is modified to authorize the Secretary
to construct the project, at a total cost of $23,146,000,
with an estimated Federal cost of $17,359,000 and an es-
timated non-Federal cost of $5,787,000.
SEC. 336. LONG LAKE, INDIANA.
(a) COST SHARING.—The project for ecosystem res-
toration, Long Lake, Indiana, being carried out under sec-
tion 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), is modified to direct the Secretary to
carry out the components of the project located on Federal
land at full Federal expense.
(b) REIMBURSEMENT.—After completion of the
project referred to in subsection (a), the Secretary shall
seek reimbursement from the Secretary of the Interior of
an amount equal to the costs of the project allocated to
benefits to the Indiana Dunes National Lakeshore.
SEC. 337. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West
Fork of White River, Indiana, authorized by section 5 of
the Act entitled ‘‘An Act authorizing the construction of
certain public works on rivers and harbors for flood con-
trol, and other purposes’’, approved June 22, 1936 (49
Stat. 1586), and modified by section 323 of the Water
Resources Development Act of 1996 (110 Stat. 3716) and
section 322 of the Water Resources Development Act of
1999 (113 Stat. 303–304), is further modified to author-
ize the Secretary to undertake the riverfront alterations
described in the Central Indianapolis Waterfront Concept
Plan, dated February 1994, for the Fall Creek Reach fea-
ture, at a total cost of $28,545,000.
SEC. 338. WOLF LAKE, INDIANA.
The project for aquatic ecosystem restoration, Wolf
Lake, Indiana, 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 planning, design, and construction work carried out by
the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 339. HARLAN COUNTY, KENTUCKY.
The Harlan County, Kentucky, element of the project
for flood control, Levisa and Tug Fork of the Big Sandy
and Cumberland Rivers, West Virginia, Virginia, and Ken-
tucky, authorized by section 202(a) of the Energy and
Water Development Appropriations Act, 1981 (94 Stat.
1339), is modified to direct the Secretary to take measures
to provide a 100-year level of flood protection.
SEC. 340. AMITE RIVER AND TRIBUTARIES, LOUISIANA,
EAST BATON ROUGE PARISH WATERSHED.
The project for flood damage reduction and recre-
ation, Amite River and Tributaries, Louisiana, East
Baton Rouge Parish Watershed, authorized by section
101(a)(21) of the Water Resources Development Act of
1999 (113 Stat. 277), is modified to direct the Secretary
to carry out the project with the cost sharing for the
project determined in accordance with section 103(a) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)) as in effect on October 11, 1996, at a total cost
of $158,000,000, with an estimated Federal cost of
$102,700,000 and an estimated non-Federal cost of
$55,300,000.
SEC. 341. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI
RIVER TO SHREVEPORT, LOUISIANA.
The project for mitigation of fish and wildlife losses,
J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat.
4142) and modified by section 4(h) of the Water Re-
sources Development Act of 1988 (102 Stat. 4016), sec-
tion 102(p) of the Water Resources Development Act of
1990 (104 Stat. 4613), section 301(b)(7) of the Water
Resources Development Act of 1996 (110 Stat. 3710), and
section 316 of the Water Resources Development Act of
2000 (114 Stat. 2572), is further modified to authorize
the purchase and reforesting of lands which have been
cleared or converted to agricultural uses, at a total cost
of $33,000,000.
SEC. 342. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, au-
thorized as part of the project for hurricane-flood protec-
tion on Lake Pontchartrain, Louisiana, by section 204 of
the Flood Control Act of 1965 (79 Stat. 1077) and modi-
fied by section 365 of the Water Resources Development
Act of 1996 (110 Stat. 3739), is further modified to direct
the Secretary to credit toward the non-Federal share of
the cost of the project the costs of relocating oyster beds
in the Davis Pond project area if the Secretary determines
that the work is integral to the Mississippi Delta Region
project.
SEC. 343. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF
HARVEY CANAL), LOUISIANA.
Section 328 of the Water Resources Development Act
of 1999 (113 Stat. 304–305) is amended—
(1) in subsection (a)—
(A) by striking ‘‘operation and mainte-
nance’’ and inserting ‘‘operation, maintenance,
rehabilitation, repair, and replacement’’; and
(B) by striking ‘‘Algiers Channel’’ and in-
serting ‘‘Algiers Canal Levees’’; and
(2) by adding at the end the following:
‘‘(c) COST SHARING.—The non-Federal share of the
cost of the project shall be 35 percent.’’.
SEC. 344. CASS RIVER, SPAULDING TOWNSHIP, MICHIGAN.
(a) IN GENERAL.—The project for flood damage re-
duction, Cass River, Spaulding Township, Saginaw Coun-
ty, Michigan, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), is modified
to incorporate flood control works constructed by the non-
Federal interests between Sheridan Road and East Street
(M–13) if the Secretary determines that the inclusion of
such flood control works is feasible.
(b) CREDIT.—The Secretary shall 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 cooperation agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 345. DETROIT RIVER SHORELINE, DETROIT, MICHI-
GAN.
(a) IN
GENERAL.—The project for emergency
streambank and shoreline protection, Detroit River Shore-
line, Detroit, Michigan, being carried out under section 14
of the Flood Control Act of 1946 (33 U.S.C. 701r), is
modified to include measures to enhance public access.
(b) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for
the project shall be $3,000,000.
SEC. 346. WATER RESOURCES INSTITUTE, MUSKEGON,
MICHIGAN.
(a) IN
GENERAL.—The project for emergency
streambank and shoreline protection, Water Resources In-
stitute, Muskegon, Michigan, being carried out under sec-
tion 14 of the Flood Control Act of 1946 (33 U.S.C.
701r), is modified to provide for completion of shoreline
protection measures in accordance with the approved
plans and specifications for Grand Valley State University,
Lake Michigan Center, dated August 6, 2001.
(b) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for
the project shall be $2,000,000.
(c) CREDIT.—The Secretary shall credit toward the
non-Federal share of the cost of the project the cost of
design and implementation of shoreline protection meas-
ures carried out by the non-Federal interest before the
date of the cooperation agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 347. SAGINAW RIVER, BAY CITY, MICHIGAN.
The maximum amount of Federal funds that may be
expended for the project for emergency streambank pro-
tection, Saginaw River, Bay City, Michigan, being carried
out under section 14 of the Flood Control Act of 1946
(33 U.S.C. 701r), shall be $2,000,000.
SEC. 348. ADA, MINNESOTA.
(a) IN GENERAL.—The project for flood damage re-
duction, 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 consider national ecosystem restoration benefits in de-
termining the Federal interest in the project.
(b) EVALUATION
OF BENEFITS
AND COSTS.—In
evaluating the economic benefits and costs for the project,
the Secretary shall not consider the emergency levee adja-
cent to Judicial Ditch No. 51 in the determination of con-
ditions existing prior to construction of the project.
(c) SPECIAL RULE.—In evaluating and implementing
the project, the Secretary shall allow the non-Federal in-
terest to participate in the financing of the project in ac-
cordance with section 903(c) of the Water Resources De-
velopment 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.
SEC. 349. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.
(a) IN GENERAL.—The project for navigation, Du-
luth 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
Resources Development Act of 2000 (114 Stat. 2605), is
further modified to authorize the Secretary to provide
public access and recreational facilities as generally de-
scribed in the Detailed Project Report and Environmental
Assessment, McQuade Road Harbor of Refuge, Duluth,
Minnesota, dated August 1999.
(b) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for
the project shall be $5,000,000.
SEC. 350. GRANITE FALLS, MINNESOTA.
The maximum amount of Federal funds that may be
expended for the project for flood damage reduction,
Granite Falls, Minnesota, being carried out under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
shall be $12,000,000.
SEC. 351. RED LAKE RIVER, MINNESOTA.
The project for flood control, Red Lake River at
Crookston, Minnesota, authorized by section 101(a)(23) of
the Water Resources Development Act of 1999 (113 Stat.
278), is modified to authorize the Secretary to construct
the project, at a total cost of $25,000,000, with an esti-
mated Federal cost of $16,250,000 and an estimated non-
Federal cost of $8,750,000.
SEC. 352. SILVER BAY, MINNESOTA.
The project for navigation, Silver Bay, Minnesota,
authorized by section 2 of the Rivers and Harbors Act
of March 2, 1945 (59 Stat. 19), is modified to include
operation and maintenance of the general navigation fa-
cilities as a Federal responsibility.
SEC. 353. TACONITE HARBOR, MINNESOTA.
The project for navigation, Taconite Harbor, Min-
nesota, carried out under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577), is modified to in-
clude operation and maintenance of the general navigation
facilities as a Federal responsibility.
SEC. 354. 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
disposal facility at the J&J Castings site, including actions
required to clear the site.
(b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—
Non-Federal interests shall be responsible for providing all
lands, easements, rights-of-way, and relocations necessary
for the construction of the dredged material disposal facil-
ity.
(c) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for
the project shall be $5,000,000.
SEC. 355. BOIS BRULE DRAINAGE AND LEVEE DISTRICT,
MISSOURI.
The maximum amount of Federal funds that may be
expended for the project for flood damage reduction, Bois
Brule Drainage and Levee District, Missouri, being car-
ried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), shall be $25,000,000.
SEC. 356. TURKEY CREEK BASIN, KANSAS CITY, MISSOURI,
AND KANSAS CITY, KANSAS.
The project for flood damage reduction, Turkey
Creek Basin, Kansas City, Missouri, and Kansas City,
Kansas, authorized by section 101(a)(24) of the Water
Resources Development Act of 1999 (113 Stat. 278), 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 interest before the date of
the cooperation agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 357. 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 $18,000,000.
SEC. 358. TIMES BEACH, BUFFALO, NEW YORK.
The project for improvement of the quality of the en-
vironment, Times Beach, Buffalo, New York, being car-
ried out under section 1135 of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4251), is modified to direct
the Secretary to credit not more than $750,000 toward
the non-Federal share of the cost of the project for the
cost of planning, design, and construction work carried out
by the non-Federal interest before the date of the coopera-
tion agreement for the project if the Secretary determines
the work is integral to the project.
SEC. 359. PORT OF NEW YORK AND NEW JERSEY, NEW
YORK AND NEW JERSEY.
The Secretary may not require as an item of local
cooperation in the construction of the project for naviga-
tion, 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),
that the non-Federal interest agree that the container fa-
cilities at the former Military Ocean Terminal at the Ba-
yonne, New Jersey, site along the Port Jersey Channel
be operational prior to construction of the 50-foot deep
Port Jersey Channel. Such container facilities may be
made operational concurrent with the navigation project.
SEC. 360. 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. 361. ASHTABULA RIVER, OHIO.
The project for environmental dredging, Ashtabula
River, Ohio, being carried out under section 312 of the
Water Resources Development Act of 1990 (33 U.S.C.
1252 note; 104 Stat. 4639; 110 Stat. 3679), is modified
to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of design and con-
struction work provided by the non-Federal interest before
the date of the cooperation agreement for the project if
the Secretary determines that the work is integral to the
project.
SEC. 362. 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 draw down conducted as a part of project
implementation 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
program—
(1) to receive claims for compensation for losses
to small business attributable to the implementation
of the draw down 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
beginning on the date of the Secretary’s determina-
tion.
(d) LOSS TO A SMALL BUSINESS DEFINED.—In this
section, the term ‘‘loss to a small business’’ means docu-
mented financial losses associated with commercial activ-
ity of a small business that can be attributed to the tur-
bidity levels in the McKenzie River being higher than
those anticipated in the original planning documents and
public announcements existing before the initiation of the
draw down in 2002. Commercial losses include decline in
sales, loss of revenue (including loss of revenue from can-
celed or delayed reservations at lodging establishments),
and any other financial losses that can be shown to be
associated with the elevated turbidity levels in the
McKenzie River in 2002.
(e) PAYMENT OF CLAIMS.—The payment of claims
for losses to small businesses shall be a Federal responsi-
bility.
SEC. 363. LACKAWANNA RIVER AT OLYPHANT, PENNSYL-
VANIA.
The project for flood control, Lackawanna River at
Olyphant, Pennsylvania, authorized by section 101(16) of
the Water Resources Development Act of 1992 (106 Stat.
4803), is modified to authorize the Secretary to construct
the project, at a total cost of $20,000,000.
SEC. 364. LACKAWANNA RIVER AT SCRANTON, PENNSYL-
VANIA.
The project for flood control, Lackawanna River at
Scranton, Pennsylvania, authorized by section 101(17) of
the Water Resources Development Act of 1992 (106 Stat.
4803), is modified to authorize the Secretary to construct
the project, at a total cost of $23,000,000.
SEC. 365. 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. 366. 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 coopera-
tion agreement for the project if the Secretary determines
that the work is integral to the project.
SEC. 367. 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
modified to include as a project element the project for
flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl-
vania.
SEC. 368. SOUTH CENTRAL PENNSYLVANIA.
Section 313(h)(2) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4847; 107 Stat. 407) is
amended by striking ‘‘Armstrong, Bedford, Blair,
Cambria, Clearfield, Fayette, Franklin, Fulton, Hun-
tingdon, Indiana, Juniata, Mifflin, Somerset, Snyder and,
Westmoreland Counties’’ and inserting ‘‘Allegheny, Arm-
strong, Bedford, Blair, Cambria, Clearfield, Cumberland,
Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana,
Juniata, Mifflin, Perry, Somerset, Washington, and West-
moreland Counties’’.
SEC. 369. WYOMING VALLEY, PENNSYLVANIA.
In carrying out the project for flood control, Wyo-
ming Valley, Pennsylvania, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100
Stat. 4124), the Secretary shall coordinate with non-Fed-
eral interests to review opportunities for increased public
access.
SEC. 370. LITTLE LIMESTONE CREEK, JONESBOROUGH,
TENNESSEE.
In evaluating and implementing the project for flood
damage reduction, Little Limestone Creek, Jonesborough,
Tennessee, under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s), the Secretary shall allow the
non-Federal interest to participate in the financing of the
project in accordance with section 903(c) of the Water Re-
sources Development Act of 1986 (100 Stat. 4184), to the
extent that the Secretary’s evaluation indicates that apply-
ing such section is necessary to implement the project.
SEC. 371. BOWIE COUNTY LEVEE, TEXAS.
(a) IN GENERAL.—The project for flood control, Red
River Below Denison Dam, Texas and Oklahoma, author-
ized by section 10 of the Flood Control Act of 1946 (60
Stat. 647), is modified to direct the Secretary to imple-
ment the Bowie County Levee feature of the project in
accordance with the plan defined as Alternative B in the
draft document entitled ‘‘Bowie County Local Flood Pro-
tection, Red River, Texas Project Design Memorandum
No. 1, Bowie County Levee’’, dated April 1997.
(b) SPECIAL RULE.—In evaluating and implementing
the modification, the Secretary shall allow the non-Federal
interest to participate in the financing 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 Secretary’s evaluation indicates that applying
such section is necessary to implement the project.
SEC. 372. 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 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 cooperation agreement for the project if the Sec-
retary determines that the work is integral to the
project; and
(2) to direct the Secretary, in calculating the
non-Federal share of the cost of the project, to make
a determination 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. 373. NORTH PADRE ISLAND, CORPUS CHRISTI BAY,
TEXAS.
The project for ecosystem restoration and storm dam-
age reduction, North Padre Island, Corpus Christi Bay,
Texas, authorized by section 556 of the Water Resources
Development Act of 1999 (113 Stat. 353), is modified to
include recreation as a project purpose.
SEC. 374. 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
section 335 of the Water Resources Development Act of
2000 (114 Stat. 2611), is further modified to authorize
the Secretary to credit toward the non-Federal share of
the cost of the project the cost of construction work car-
ried out by the non-Federal interest before the date of the
cooperation agreement for the project if the Secretary de-
termines that the work is integral to the project.
SEC. 375. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.
Section 358 of the Water Resources Development Act
of 1999 (113 Stat. 312) is amended by striking ‘‘Sep-
tember 30, 1999’’ and inserting ‘‘May 4, 1997’’.
SEC. 376. GREAT BRIDGE, CHESAPEAKE, VIRGINIA.
The project for navigation at Great Bridge, Virginia,
Highway 168 over the Atlantic Intracoastal Waterway in
Chesapeake, Virginia, authorized by section 339(h) of the
National Highway System Designation Act of 1995 (109
Stat. 606) is modified to authorize the Secretary to con-
struct the project, at a total cost of $48,000,000, with an
estimated Federal cost of $39,400,000 and an estimated
non-Federal cost of $8,600,000.
SEC. 377. ROANOKE RIVER UPPER BASIN, VIRGINIA.
The project for flood control, Roanoke River Upper
Basin, Virginia, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4126) and
modified by section 110 of the Energy and Water Develop-
ment Appropriations Act, 1990 (103 Stat. 650), is further
modified to authorize the Secretary to construct the
project, at a total cost of $64,300,000, with an estimated
Federal cost of $42,100,000 and an estimated non-Fed-
eral cost of $22,200,000.
SEC. 378. BLAIR AND SITCUM WATERWAYS, TACOMA HAR-
BOR, WASHINGTON.
(a) IN GENERAL.—The project for navigation, Blair
and Sitcum Waterways, Tacoma Harbor, Washington, au-
thorized by section 202(a) of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4096), is modified to direct
the Secretary to review the locally prepared plan for the
Blair and Sitcum Waterways, Washington, and, if the Sec-
retary determines that the plan meets the evaluation and
design standards of the Corps of Engineers and that the
plan is feasible, to authorize the Secretary to carry out
the plan, at a Federal cost of $4,240,000.
(b) CREDIT.—The Secretary shall 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 cooperation agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 379. 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 ‘‘$89,000,000’’.
SEC. 380. MANITOWOC HARBOR, WISCONSIN.
The project for navigation, Manitowoc Harbor, Wis-
consin, authorized by the River and Harbor Act of August
30, 1852, 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 $300,000.
SEC. 381. 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, Fall River Har-
bor, Massachusetts, authorized by section 101 of the
River and Harbor Act of 1968 (82 Stat. 731).
(2) The project for flood control, Agana River,
Guam, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat.
4127).
(b) LIMITATION.—A project described in subsection
(a) shall not be authorized for construction after the last
day of the 7-year period beginning on the date of enact-
ment of this Act, unless, during such period, funds have
been obligated for the construction (including planning
and design) of the project.
SEC. 382. PROJECT REAUTHORIZATION.
That portion of the project for navigation, Manitowoc
Harbor, Wisconsin, 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), may
be carried out by the Secretary if the Secretary determines
that it is feasible.
SEC. 383. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the
date of enactment of this Act:
(1) BRIDGEPORT HARBOR, CONNECTICUT.—The
portion of the project for navigation, Bridgeport
Harbor, Connecticut, authorized by the River and
Harbor Act of July 3, 1930 (46 Stat. 919), con-
sisting 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 north-
westerly about 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 east limit of the existing channel,
N125,133.87, E482,488.19, thence running south-
westerly about 1,588.98 feet to the point of origin.
(2) CITY WATERWAY, TACOMA, WASHINGTON.—
The portion of the project for navigation, City Wa-
terway, Tacoma, Washington, authorized by the first
section 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 wa-
terway beginning at Station 70+00 and ending at
Station 80+00.
SEC. 384. LAND CONVEYANCES.
(a) MILFORD, KANSAS.—
(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall convey by quitclaim
deed without consideration to the Geary County Fire
Department, Milford, Kansas, all right, title, and in-
terest of the United States in and to a parcel of
land consisting of approximately 7.4 acres located in
Geary County, Kansas, for construction, operation,
and maintenance of a fire station.
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
The exact acreage and the description of the real
property referred to in paragraph (1) shall be deter-
mined by a survey that is satisfactory to the Sec-
retary.
(3) REVERSION.—If the Secretary determines
that the property conveyed under paragraph (1)
ceases to be held in public ownership or to be used
for any purpose other than a fire station, all right,
title, and interest in and to the property shall revert
to the United States, at the option of the United
States.
(b) HICKORY POINT, LAKE EUFAULA, OKLAHOMA.—
(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall convey by quitclaim
deed without consideration to the Choctaw Nation
all right, title, and interest of the United States in
and to approximately 265 acres in the vicinity of
Hickory Point, Lake Eufaula, Oklahoma, together
with any improvements thereon, for public ownership
and use for public recreation.
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
The exact acreage and the legal description of the
real property referred to in paragraph (1) shall be
determined by a survey that is satisfactory to the
Secretary.
(3) REVERSION.—If the Secretary determines
that the property conveyed under paragraph (1)
ceases to be held in public ownership or to be used
for public recreation, all right, title, and interest in
and to the property shall revert to the United
States, at the option of the United States.
(c) BOARDMAN, OREGON.—Section 501(g) of the
Water Resources Development Act of 1996 (110 Stat.
3751) is amended—
(1) by striking ‘‘city of Boardman,’’ and insert-
ing ‘‘the Boardman Park and Recreation District,
Boardman,’’; and
(2) by striking ‘‘such city’’ and inserting ‘‘the
city of Boardman’’.
(d) GENERALLY APPLICABLE PROVISIONS.—
(1) APPLICABILITY OF PROPERTY SCREENING
PROVISIONS.—Section 2696 of title 10, United
States Code, shall not apply to any conveyance
under this section.
(2) ADDITIONAL
TERMS
AND
CONDITIONS.—
The Secretary may require that any conveyance
under this section be subject to such additional
terms and conditions as the Secretary considers ap-
propriate and necessary to protect the interests of
the United States.
(3) COSTS
OF
CONVEYANCE.—An entity to
which a conveyance is made under this section shall
be responsible for all reasonable and necessary costs,
including real estate transaction and environmental
compliance costs, associated with the conveyance.
(4) LIABILITY.—An entity to which a convey-
ance is made under this section shall hold the
United States harmless from any liability with re-
spect to activities carried out, on or after the date
of the conveyance, on the real property conveyed.
The United States shall remain responsible for any
liability with respect to activities carried out, before
such date, on the real property conveyed.
SEC. 385. EXTINGUISHMENT OF REVERSIONARY INTERESTS
AND USE RESTRICTIONS.
(a) IN GENERAL.—With respect to each deed listed
in subsection (b), the reversionary interests and use re-
strictions relating to industrial use purposes are extin-
guished.
(b) AFFECTED DEEDS.—The deeds with the fol-
lowing county auditor’s file numbers are referred to in
subsection (a):
(1) Auditor’s Instrument No. 399218 of Nez
Perce County, Idaho—2.07 acres.
(2) Auditor’s Instrument No. 487437 of Nez
Perce County, Idaho—7.32 acres.
(c) NO EFFECT OF OTHER RIGHTS.—Nothing in this
section affects the remaining rights and interests of the
Corps of Engineers for authorized project purposes.
TITLE IV—STUDIES
SEC. 401. GREAT LAKES NAVIGATION SYSTEM.
Section 456 of the Water Resources Development Act
of 1999 (113 Stat. 332) is amended by adding at the end
the following: ‘‘If the Government of Canada and the Gov-
ernment of the United States have entered into a bilateral
agreement that provides for the financial participation of
the Government of Canada in the study, the Secretary
may accept such participation.’’.
SEC. 402. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act
of 1999 (113 Stat. 330–332) is amended by adding at
the end the following:
‘‘(g) IN-KIND CONTRIBUTIONS
FOR STUDY.—The
non-Federal interest may provide up to 100 percent of the
non-Federal share required under subsection (f) in the
form of services, materials, supplies, or other in-kind con-
tributions.’’.
SEC. 403. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct, at Federal expense, a
study to determine the feasibility of providing navigation
improvements at St. George, Alaska.
SEC. 404. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-
WAY, ILLINOIS, IOWA, MINNESOTA, MISSOURI,
AND WISCONSIN.
The Secretary shall transmit to Congress a report on
the results of the Upper Mississippi River and Illinois Wa-
terway Restructured System Navigation Feasibility Study,
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, no
later than July 1, 2004.
SEC. 405. HAMILTON, CALIFORNIA.
The Secretary is directed to continue planning,
preconstruction, engineering, and design efforts on the
Sacramento-San Joaquin River Basins Comprehensive
Study-Hamilton City Flood Damage Reduction and Eco-
system Restoration Initial Project and shall include in the
study an area 2 miles north and 4 miles south of State
Highway 32.
SEC. 406. OCEANSIDE, CALIFORNIA.
Section 414 of the Water Resources Development Act
of 2000 (114 Stat. 2636) is amended by striking ‘‘32
months’’ and inserting ‘‘44 months’’.
SEC. 407. SACRAMENTO RIVER, CALIFORNIA.
The Secretary shall conduct a comprehensive study
to determine the feasibility of, and alternatives for, meas-
ures to protect water diversion facilities and fish protective
screen facilities in the vicinity of river mile 178 on the
Sacramento River, California.
SEC. 408. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN
DELTA, CALIFORNIA.
(a) IN GENERAL.—The Secretary shall conduct a
study to determine the feasibility of the beneficial use of
dredged material from the San Francisco Bay in the Sac-
ramento-San Joaquin Delta, California, including the ben-
efits and impacts of salinity in the Delta and the benefits
to navigation, flood damage reduction, ecosystem restora-
tion, water quality, salinity control, water supply reli-
ability, and recreation.
(b) COOPERATION.—In conducting the study, the
Secretary shall cooperate with the California Department
of Water Resources and appropriate Federal and State en-
tities in developing options for the beneficial use of
dredged material from San Francisco Bay for the Sac-
ramento-San Joaquin Delta area.
(c) REVIEW.—The study shall include a review of the
feasibility of using Sherman Island as a rehandling site
for levee maintenance material, as well as for ecosystem
restoration. The review may include monitoring a pilot
project using up to 150,000 cubic yards of dredged mate-
rial and being carried out at the Sherman Island site, ex-
amining larger-scale use of dredged materials from the
San Francisco Bay and Suisun Bay Channel, and ana-
lyzing the feasibility of the potential use of saline mate-
rials from the San Francisco Bay for both rehandling and
ecosystem restoration purposes.
SEC. 409. TYBEE ISLAND, GEORGIA.
The Secretary shall conduct a study to determine the
feasibility of including the northern end of Tybee Island
extending from the north terminal groin to the mouth of
Lazaretto Creek as a part of the project for beach erosion
control, Tybee Island, Georgia, carried out under section
201 of the Flood Control Act of 1965 (42 U.S.C. 1962d–
5).
SEC. 410. PADUCAH, KENTUCKY.
The Secretary is authorized to complete a rehabilita-
tion evaluation report for the project for flood damage re-
duction, Paducah, Kentucky, and, if the Secretary deter-
mines 
that 
the 
project 
is 
feasible, 
proceed 
to
preconstruction engineering and design for rehabilitation
of the project.
SEC. 411. WEST FELICIANA PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for riverfront develop-
ment, including enhanced public access, recreation, and
environmental restoration, on the Mississippi River in
West Feliciana Parish, Louisiana.
SEC. 412. CITY OF MACKINAC ISLAND, MICHIGAN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for navigation at the
city of Mackinac Island, Michigan.
SEC. 413. CHICAGO, ILLINOIS.
Section 425(a) of the Water Resources Development
Act of 2000 (114 Stat. 2638) is amended by inserting
‘‘Lake Michigan and’’ before ‘‘the Chicago River’’.
SEC. 414. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS.
The Secretary shall conduct a study to determine the
feasibility of modifying the project for the Mississippi
River (Regulating Works), between the Ohio and Missouri
Rivers, Missouri and Illinois, to provide for navigation and
environmental restoration enhancements.
SEC. 415. ARTHUR KILL CHANNEL AND MORSES CREEK TO
PERTH AMBOY, NEW JERSEY.
The Secretary shall reevaluate the results of the
study for the project for navigation, Arthur Kill Channel
and Morses Creek to Perth Amboy, New Jersey, to deter-
mine whether the benefits of the project have increased
as a result of a change in circumstances. In conducting
the reevaluation, the Secretary shall review the locally pre-
pared study entitled ‘‘Pre-Feasibility Study for Channel
Improvements—Arthur Kill from Morses Creek to Perth
Amboy and Raritan Bay Approaches’’.
SEC. 416. PUEBLO OF ZUNI, NEW MEXICO.
The Secretary shall conduct a study to determine the
feasibility of carrying out projects for water resources de-
velopment, environmental restoration, and natural re-
sources protection for the Pueblo of Zuni, New Mexico,
under section 203 of the Water Resources Development
Act of 2000 (33 U.S.C. 2269).
SEC. 417. HUDSON-RARITAN ESTUARY, NEW YORK AND NEW
JERSEY.
In carrying out the study for environmental restora-
tion, Hudson-Raritan Estuary, New York and New Jer-
sey, the Secretary shall establish and utilize watershed res-
toration teams composed of estuary restoration experts
from the Corps of Engineers, the New Jersey Department
of Environmental Protection, and the Port Authority of
New York and New Jersey and other experts designated
by the Secretary for the purpose of developing habitat res-
toration and water quality enhancement.
SEC. 418. LAKE CARL BLACKWELL, STILLWATER, OKLA-
HOMA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage re-
duction and ecosystem restoration at Lake Carl Blackwell,
Stillwater, Oklahoma.
SEC. 419. SAC AND FOX NATION, OKLAHOMA.
The Secretary shall complete a water and related
land resource conservation and management plan for the
Sac and Fox Nation, Oklahoma, under section 203 of the
Water Resources Development Act of 2000 (33 U.S.C.
2269).
SEC. 420. SUTHERLIN, OREGON.
(a) STUDY.—The Secretary shall conduct a study of
water resources along Sutherlin Creek in the vicinity of
Sutherlin, Oregon, to determine the feasibility of carrying
out a project to restore and enhance aquatic resources
using a combination of structural and bioengineering tech-
niques and, if the Secretary determines that the project
is feasible, may carry out the project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,500,000.
SEC. 421. ECOSYSTEM RESTORATION AND FISH PASSAGE
IMPROVEMENTS, OREGON.
(a) STUDY.—The Secretary shall conduct a study to
determine the feasibility of undertaking ecosystem restora-
tion and fish passage improvements on rivers throughout
the State of Oregon.
(b) REQUIREMENTS.—In carrying out the study, the
Secretary shall—
(1) work in coordination with the State of Or-
egon, local governments, and other Federal agencies;
and
(2) place emphasis on—
(A) fish passage and conservation and res-
toration strategies to benefit species that are
listed or proposed for listing as threatened or
endangered species under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) other watershed restoration objectives.
(c) PILOT PROGRAM.—
(1) IN
GENERAL.—In conjunction with con-
ducting the study under subsection (a), the Sec-
retary may carry out pilot projects to demonstrate
the effectiveness of ecosystem restoration and fish
passages.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $5,000,000
to carry out this subsection.
SEC. 422. NORTHEASTERN PENNSYLVANIA AQUATIC ECO-
SYSTEM RESTORATION AND PROTECTION.
The Secretary shall conduct a study to determine the
feasibility of carrying out aquatic ecosystem restoration
and protection projects in the counties of Lackawanna,
Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sul-
livan, Bradford, Northumberland, Union, Snyder, and
Montour, Pennsylvania, particularly as related to aban-
doned mine drainage abatement and reestablishment of
stream and river channels.
SEC. 423. BROWNSVILLE SHIP CHANNEL, TEXAS.
(a) MITIGATION.—In carrying out the study to deter-
mine the feasibility of the project for navigation, Browns-
ville Ship Channel, Brownsville, Texas, the Secretary shall
examine the feasibility of restoring wetlands in the vicinity
of the Bahia Grande, Port Isabel, Texas, for the purpose
of mitigating project impacts.
(b) CREDIT.—If the Secretary determines that the
wetlands restoration referred to in subsection (a) is appro-
priate to meet mitigation requirements for the project and
the non-Federal interest undertakes such restoration be-
fore the date of the cooperation agreement for the project,
the Secretary shall credit toward the non-Federal share
of the cost of planning, design, and construction of the
project the cost of such restoration work carried out by
the non-Federal interest if the Secretary determines that
the work is integral to the project.
SEC. 424. SABINE PASS TO GALVESTON BAY, TEXAS.
In conducting a feasibility study for shore protection
and related improvements between Sabine Pass and the
entrance to Galveston Bay, Texas, the Secretary may in-
clude any benefits related to the use of State Highway
87 as an emergency evacuation route in the determination
of national economic development benefits of the project.
SEC. 425. CHEHALIS RIVER BASIN, WASHINGTON.
The Secretary shall conduct a river basin study for
the Chehalis River basin, Washington, including a study
of the uses of the basin’s water resources to assist users
in developing a fair and equitable distribution of such re-
sources.
SEC. 426. SPRAGUE, LINCOLN COUNTY, WASHINGTON.
The Secretary may accept from the non-Federal in-
terest to pay all or a part of the non-Federal share of
the cost of feasibility study for the project for flood control
in the vicinity of Sprague, Lincoln County, Washington,
funds made available under any other Federal program
if such use of the funds is permitted under the Federal
program.
SEC. 427. MONONGAHELA RIVER BASIN, NORTHERN WEST
VIRGINIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out aquatic ecosystem restoration
and protection projects in the watersheds of the
Monongahela River basin lying within the counties of
Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood,
Doddridge, 
Monongalia, 
Marion, 
Harrison, 
Taylor,
Barbour, Preston, Tucker, Mineral, Grant, Gilmer,
Brooke, and Rithchie, West Virginia, particularly as re-
lated to abandoned mine drainage abatement.
SEC. 428. WAUWATOSA, WISCONSIN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage re-
duction and environmental restoration, Menomonee River
and Underwood Creek, Wauwatosa, Wisconsin.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. MAINTENANCE OF NAVIGATION CHANNELS.
(a) IN GENERAL.—Upon request of a non-Federal in-
terest, the Secretary shall be responsible for maintenance
of the following navigation channels constructed or im-
proved by the non-Federal interest if the Secretary deter-
mines that such maintenance is economically justified and
environmentally acceptable and that the channel was con-
structed in accordance with applicable permits and appro-
priate engineering and design standards:
(1) Pix Bayou navigation channel, Chambers
County, Texas.
(2) Pidgeon Industrial Harbor, Pidgeon Indus-
trial Park, Memphis Harbor, Tennessee.
(3) Racine Harbor, Wisconsin.
(b) COMPLETION OF ASSESSMENT.—Not later than
6 months after the date of receipt of a request from a
non-Federal interest for Federal assumption of mainte-
nance of a channel listed in subsection (a), the Secretary
shall make a determination as provided in subsection (a)
and advise the non-Federal interest of the Secretary’s de-
termination.
(c) SABINE-NECHES WATERWAY, TEXAS.—The Sec-
retary shall remove sunken vessels and debris between
miles 35 and 43 of the Channel to Orange, Sabine-Neches
Waterway, Texas, for the purpose of improving navigation
safety and reducing the risk to the public.
SEC. 502. WATERSHED MANAGEMENT.
(a) IN GENERAL.—The Secretary may provide tech-
nical, planning, and design assistance to non-Federal in-
terests for carrying out watershed management, restora-
tion, and development projects at the locations described
in subsection (d).
(b) 
SPECIFIC
MEASURES.—Assistance 
provided
under subsection (a) may be in support of non-Federal
projects for the following purposes:
(1) Management and restoration of water qual-
ity.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers,
wetlands, and other waterbodies to their natural
condition as a means to control flooding, excessive
erosion, and sedimentation.
(4) Protection and restoration of watersheds,
including urban watersheds.
(5) Demonstration of technologies for non-
structural measures to reduce destructive impacts of
flooding.
(c) NON-FEDERAL SHARE.—The non-Federal share
of the cost of assistance provided under subsection (a)
shall be 50 percent.
(d) PROJECT LOCATIONS.—The locations referred to
in subsection (a) are the following:
(1) Choctawhatchee, Pea, and Yellow Rivers
watershed, in Barbour, Bullock, Coffee, Covington,
Crenshaw, Dale, Geneva, Henry, Houston, and Pike
Counties, Alabama.
(2) Spring Branch watershed, Huntsville, Ala-
bama.
(3) Cucamonga basin, Upland, California.
(4) Tuolumne County, California.
(5) Kinkaid Lake, Jackson County, Illinois.
(6) Those portions of the watersheds of the
Concord, Charles, Blackstone, Neponset, Taunton,
Nashua, Shawsheen, and Merrimack Rivers, Massa-
chusetts, lying within the Interstate Route 495 cor-
ridor.
(7) Jackson Brook watershed, New Jersey.
(8) Those portions of the watersheds of the
Beaver, Upper Ohio, Connoquenessing, Lower Alle-
gheny, 
Kiskiminetas, 
Lower 
Monongahela,
Youghiogheny, Shenango, and Mahoning Rivers
lying within the counties of Beaver, Butler, Law-
rence, and Mercer, Pennsylvania.
(9) Southampton Creek watershed, South-
ampton, Pennsylvania.
(10) Unami Creek watershed, Milford Town-
ship, Pennsylvania.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$15,000,000.
SEC. 503. DAM SAFETY.
(a) ASSISTANCE.—The Secretary may provide assist-
ance to enhance dam safety at the following locations:
(1) Mountain Park Dam, Mountain Park, Geor-
gia.
(2) Barber Dam, Ada County, Idaho.
(3) Fish Creek Dam, Blaine County, Idaho.
(4) Lost Valley Dam, Adams County, Idaho.
(5) Salmon Falls Dam, Twin Falls County,
Idaho.
(6) Whaley Lake Dam, Pawling, New York.
(7) Lake Carl Blackwell Dam, Stillwater, Okla-
homa.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$6,000,000.
SEC. 504. STRUCTURAL INTEGRITY EVALUATIONS.
(a) IN GENERAL.—Upon request of a non-Federal in-
terest, the Secretary shall evaluate the structural integrity
and effectiveness of a project for flood damage reduction
and, if the Secretary determines that the project does not
meet such minimum standards as the Secretary may es-
tablish and, absent action by the Secretary, the project
will fail, the Secretary may take such action as may be
necessary to restore the integrity and effectiveness of the
project.
(b) PRIORITY.—The Secretary shall evaluate under
subsection (a) the following projects:
(1) Project for flood damage reduction, Arkan-
sas River Levees, river mile 205 to river mile 308.4,
Arkansas.
(2) 
Project 
for 
flood 
damage 
reduction,
Marianna Borough, Pennsylvania.
(3) 
Project 
for 
flood 
damage 
reduction,
Nonconnah Creek, Tennessee.
SEC. 505. FLOOD MITIGATION PRIORITY AREAS.
Section 212(e) of the Water Resources Development
Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘a semicolon’’; and
(3) by adding at the end the following:
‘‘(29) La Crosse County, Wisconsin;
‘‘(30) Crawford County, Wisconsin;
‘‘(31) Buffalo County, Wisconsin;
‘‘(32) Calhoun County, Illinois;
‘‘(33) Saint Charles County, Missouri;
‘‘(34) Saint Louis County, Missouri;
‘‘(35) Dubuque County, Iowa;
‘‘(36) Scott County, Iowa; and
‘‘(37) Rock Island County, Illinois.’’.
SEC. 506. ADDITIONAL ASSISTANCE FOR AUTHORIZED
PROJECTS.
Section 219(e) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat.
334) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8); and
(3) by adding at the end the following:
‘‘(9) $20,000,000 for the project described in
subsection (c)(20);
‘‘(10) $20,000,000 for the project described in
subsection (c)(25);
‘‘(11) $15,000,000 for the project described in
subsection (c)(26);
‘‘(12) $7,800,000 for the project described in
subsection (c)(27);
‘‘(13) $18,000,000 for the project described in
subsection (c)(31); and
‘‘(14) $30,000,000 for the project described in
subsection (c)(40).’’.
SEC. 507. EXPEDITED COMPLETION OF REPORTS AND CON-
STRUCTION FOR CERTAIN PROJECTS.
The Secretary shall expedite completion of the re-
ports and, if the Secretary determines the project is fea-
sible, shall expedite completion of construction for the fol-
lowing projects:
(1) Welch Point, Elk River, Cecil County,
Maryland, and Chesapeake, Maryland, being carried
out under section 535 of the Water Resources Devel-
opment Act of 1999 (113 Stat. 348–349).
(2) West View Shores, Cecil County, Maryland,
being carried out under section 521 of the Water
Resources Development Act of 2000 (114. Stat.
2655).
(3) Sylvan Beach Breakwater, Verona, Oneida
County, New York, being carried out under section
3 of the Act entitled ‘‘An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property’’, approved August 13, 1946
(33 U.S.C. 426g).
(4) Fulmer Creek, Village of Mohawk, New
York, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(5) Moyer Creek, Village of Frankfort, New
York, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(6) Steele Creek, Village of Ilion, New York,
being carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s).
SEC. 508. EXPEDITED COMPLETION OF REPORTS FOR CER-
TAIN PROJECTS.
The Secretary shall expedite completion of the re-
ports for the following projects and, if the Secretary deter-
mines that a project is justified in the completed 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 shoreline protection, Detroit
River Greenway Corridor, Detroit, Michigan.
SEC. 509. 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. 510. 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. 511. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN-
HANCEMENT PROJECT.
Section 514(g) of the Water Resources Development
Act of 1999 (113 Stat. 343) is amended by striking ‘‘and
2001’’ and inserting ‘‘through 2015’’.
SEC. 512. 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. 513. WATERSHED MANAGEMENT, RESTORATION, AND
DEVELOPMENT.
Section 503(e) of the Water Resources Development
Act of 1996 (110 Stat. 3757) is amended by striking
‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 514. GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION.
Section 506(f)(3)(B) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2646) is amended by strik-
ing ‘‘50 percent’’ and inserting ‘‘100 percent’’.
SEC. 
515. 
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-
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.
SEC. 516. 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. 517. 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. 518. 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. 519. 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-
ered general navigation feature for purposes of estimating
the non-Federal share of the cost of the project.
SEC. 520. 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. 521. ST. HERMAN HARBOR, 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 Harbor, Kodiak,
Alaska, at a Federal cost of $2,000,000.
100
SEC. 522. 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.
(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. 523. 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,
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. 524. 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-
101
trol project and, if the Secretary determines that the silta-
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. 525. 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 co-
operation agreement for the project if the Sec-
retary 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).
102
SEC. 526. 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 the cost of design and construction work
carried out by the non-Federal interest before
the date of the cooperation agreement for the
project, if the Secretary determines that the
work is integral to the project, and the cost of
in-kind services and materials provided for the
project by the non-Federal interest.’’; 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. 527. HARBOR/SOUTH BAY, CALIFORNIA.
Section 219(f)(43) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 337; 114 Stat. 2763A–220)
is amended by striking ‘‘California.’’ and inserting ‘‘Cali-
fornia, and for the Southern Los Angeles County Ground-
103
water Pipeline Project, Pico Rivera, Downey, Bellflower,
Paramount Lakewood, and Long Beach, California.’’.
SEC. 528. SAN FRANCISCO, CALIFORNIA.
(a) PIER 70 WHARF 5 REMOVAL AND DREDGING
PROJECT.—The Secretary, in cooperation 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, California, substantially in accord-
ance with the Port’s redevelopment plans.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,600,000 to carry out this
section.
SEC. 529. SAN FRANCISCO, CALIFORNIA, WATERFRONT
AREA.
(a) AREA TO BE DECLARED NONNAVIGABLE; PUB-
LIC INTEREST.—Unless the Secretary finds, after con-
sultation with local and regional public officials (including
local and regional public planning organizations), that the
proposed projects to be undertaken within the boundaries
of the portion of the San Francisco, California, waterfront
area described in subsection (b) are not in the public inter-
est, such portion is declared to be nonnavigable waters of
the United States.
(b) NORTHERN EMBARCADERO SOUTH OF BRYANT
STREET.—The portion of the San Francisco, California,
104
waterfront area referred to in subsection (a) is as follows:
Beginning at the intersection of the northwesterly line of
Bryant Street with the southwesterly line of Spear Street,
which intersection lies on the line of jurisdiction of the
San Francisco Port Authority; following thence westerly
and southerly along said line of jurisdiction as described
in the State of California Harbor and Navigable Code Sec-
tion 1770, as amended in 1961, to its intersection with
the easterly line of Townsend Street produced southerly;
thence northerly along said easterly line of Townsend
Street produced to its intersection with the United States
Government pier-head line; thence following said pier-head
line westerly and northerly to its intersection with the ex-
isting boundary line of Piers 30/32, then northerly and
easterly along the existing boundary of Piers 30/32 until
its intersection with the United States Government pier-
head line, thence following said pier-head line westerly and
northerly to the northwesterly line of Bryant Street pro-
duced northwesterly; thence southwesterly along said
northwesterly line of Bryant Street produced to the point
of beginning.
(c) REQUIREMENT THAT AREA BE IMPROVED.—The
declaration of nonnavigability under subsection (a) applies
only to those parts of the area described in subsection (b)
that are or will be bulkheaded, filled, or otherwise occupied
105
by permanent structures. All such work is subject to all
applicable Federal statutes and regulations, including sec-
tions 9 and 10 of the Act of March 3, 1899 (33 U.S.C.
401 and 403; 30 Stat. 1151), commonly known as the Riv-
ers and Harbors Appropriation Act of 1899, section 404
of the Federal Water Pollution Control Act (33 U.S.C.
1344), and the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(d) EXPIRATION DATE.—If, 20 years from the date
of enactment of this Act, any area or part thereof de-
scribed in subsection (b) is not bulkheaded or filled or oc-
cupied by permanent structures, including marina facili-
ties, in accordance with the requirements set out in sub-
section (c), or if work in connection with any activity per-
mitted in subsection (c) is not commenced within 5 years
after issuance of such permits, then the declaration of
nonnavigability for such area or part thereof shall expire.
SEC. 530. STOCKTON, CALIFORNIA.
The Secretary shall reevaluate the feasibility of the
Lower Mosher Slough element and the levee extensions on
the Upper Calaveras River element of the project for flood
control, Stockton Metropolitan Area, California, carried
out under section 211(f)(3) of the Water Resources Devel-
opment Act of 1996 (110 Stat. 3683), to determine the
eligibility of such elements for reimbursement under sec-
106
tion 211 of such Act (33 U.S.C. 701b–13). If the Sec-
retary determines that such elements are feasible, the Sec-
retary shall reimburse, subject to appropriations, the non-
Federal interest under section 211 of such Act for the
Federal share of the cost of such elements.
SEC. 531. EVERGLADES RESTORATION, FLORIDA.
(a) COMPREHENSIVE PLAN.—
(1) HILLSBORO AND OKEECHOBEE AQUIFER.—
Section 601(b)(2)(A) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2681) is amended—
(A) in clause (i) by adding at the end the
following: ‘‘The project for aquifer storage and
recovery, Hillsboro and Okeechobee Aquifer,
Florida, authorized by section 101(a)(16) of the
Water Resources Development Act of 1999
(113 Stat. 276), shall be treated for purposes
of this section as being in the Plan.’’; and
(B) in clause (iii) by inserting after ‘‘sub-
paragraph (B)’’ the following: ‘‘and the project
for aquifer storage and recovery, Hillsboro and
Okeechobee Aquifer’’.
(2) 
OUTREACH
AND
ASSISTANCE.—Section
601(k) of such Act (114 Stat. 2691–2692) is
amended by adding at the end the following:
107
‘‘(3) MAXIMUM
EXPENDITURES.—The Sec-
retary may expend up to $3,000,000 per fiscal year
for fiscal years beginning after September 30, 2002,
to carry out this subsection.’’.
(b) CRITICAL
RESTORATION
PROJECTS.—Section
528(b)(3)(C) of the Water Resources Development Act of
1996 (110 Stat. 3769; 113 Stat. 286) is amended—
(1) in clause (i) by striking ‘‘$75,000,000’’ and
all that follows through ‘‘2003’’ and inserting
‘‘$95,000,000’’; and
(2) in clause (ii) by striking ‘‘$25,000,000’’ and
inserting ‘‘$30,000,000’’.
SEC. 532. MAYO’S BAR LOCK AND DAM, COOSA RIVER,
ROME, GEORGIA.
The Secretary may provide assistance for the recon-
struction of the Mayo’s Bar Lock and Dam, Coosa River,
Rome, Georgia.
SEC. 533. RILEY CREEK RECREATION AREA, IDAHO.
The Secretary is authorized to carry out the Riley
Creek Recreation Area Operation Plan of the Albeni Falls
Management Plan, dated October 2001, for the Riley
Creek Recreation Area, Albeni Falls Dam, Bonner Coun-
ty, Idaho.
108
SEC. 534. GRAND TOWER DRAINAGE AND LEVEES, GRAND
TOWER TOWNSHIP, ILLINOIS.
(a) IN GENERAL.—The Secretary is authorized to
perform operation and maintenance of authorized and
completed levees on the Mississippi River in Grand Tower
Township, Illinois.
(b) ALLOCATION OF COSTS.—The Secretary shall al-
locate the cost of operation and maintenance performed
under subsection (a) on the basis of whether the lands pro-
tected by the levees are owned by the United States.
(c) NON-FEDERAL COSTS.—If the lands protected by
the levees are not owned by the United States, the cost
of operation and maintenance allocated to protecting such
lands under subsection (b) shall be a non-Federal cost.
(d) FEDERAL COSTS.—If the lands protected by the
levees are owned by the United States, the cost of oper-
ation and maintenance allocated to protecting such lands
under subsection (b) shall be a Federal cost. After per-
forming the operation and maintenance under subsection
(a), the Secretary shall seek reimbursement from the Sec-
retary of the Agriculture of an amount equal to the costs
allocated to protecting lands owned by the Department of
Agriculture.
109
SEC. 535. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA-
TION.
(a) KASKASKIA RIVER BASIN DEFINED.—In this sec-
tion, the term ‘‘Kaskaskia River basin’’ means the
Kaskaskia River, Illinois, its backwaters, its side channels,
and all tributaries, including their watersheds, draining
into the Kaskaskia River.
(b) COMPREHENSIVE PLAN.—
(1) DEVELOPMENT.—The Secretary shall de-
velop, as expeditiously as practicable, a comprehen-
sive plan for the purpose of restoring, preserving,
and protecting the Kaskaskia River basin.
(2) TECHNOLOGIES
AND
INNOVATIVE
AP-
PROACHES.—The comprehensive plan shall provide
for the development of new technologies and innova-
tive approaches—
(A) to enhance the Kaskaskia River as a
transportation corridor;
(B) to improve water quality within the en-
tire Kaskaskia River basin;
(C) to restore, enhance, and preserve habi-
tat for plants and wildlife;
(D) to increase economic opportunity for
agriculture and business communities; and
(E) to reduce the impacts of flooding to
communities and landowners.
110
(3) SPECIFIC COMPONENTS.—The comprehen-
sive plan shall include such features as are necessary
to provide for—
(A) the development and implementation of
a program for sediment removal technology,
sediment characterization, sediment transport,
and beneficial uses of sediment;
(B) the development and implementation
of a program for the planning, conservation,
evaluation, and construction of measures for
fish and wildlife habitat conservation and reha-
bilitation, and stabilization and enhancement of
land and water resources in the basin;
(C) the development and implementation of
a long-term resource monitoring program;
(D) the development and implementation
of a computerized inventory and analysis sys-
tem; and
(E) the development and implementation
of a systemic plan to reduce flood impacts by
means of ecosystem restoration projects.
(4) CONSULTATION.—The comprehensive plan
shall be developed by the Secretary in consultation
with appropriate Federal agencies, the State of Illi-
nois, and the Kaskaskia River Coordinating Council.
111
(5) REPORT TO CONGRESS.—Not later than 2
years after the date of enactment of this Act, the
Secretary shall transmit to Congress a report con-
taining the comprehensive plan.
(6) ADDITIONAL
STUDIES
AND
ANALYSES.—
After transmission of a report under paragraph (5),
the Secretary shall conduct studies and analyses of
projects related to the comprehensive plan that are
appropriate and consistent with this subsection.
(c) GENERAL PROVISIONS.—
(1) WATER QUALITY.—In carrying out activi-
ties under this section, the Secretary’s recommenda-
tions shall be consistent with applicable State water
quality standards.
(2) PUBLIC PARTICIPATION.—In developing the
comprehensive plan under subsection (b), the Sec-
retary shall implement procedures to facilitate public
participation, including providing advance notice of
meetings, providing adequate opportunity for public
input 
and 
comment, 
maintaining 
appropriate
records, and making a record of the proceedings of
meetings available for public inspection.
(d) COORDINATION.—The Secretary shall integrate
activities carried out under this section with ongoing Fed-
112
eral and State programs, projects, and activities, including
the following:
(1) Farm programs of the Department of Agri-
culture.
(2) Conservation Reserve Enhancement Pro-
gram (State of Illinois) and Conservation 2000 Eco-
system Program of the Illinois Department of Nat-
ural Resources.
(3) Conservation 2000 Conservation Practices
Program and the Livestock Management Facilities
Act administered by the Illinois Department of Agri-
culture.
(4) National Buffer Initiative of the Natural
Resources Conservation Service.
(5) Nonpoint source grant program adminis-
tered by the Illinois Environmental Protection Agen-
cy.
(e) COST SHARING.—
(1) IN GENERAL.—The non-Federal share of
the cost of activities carried out under this section
shall be 35 percent.
(2) IN-KIND
SERVICES.—The Secretary may
credit the cost of in-kind services provided by the
non-Federal interest for an activity carried out
under this section toward not more than 80 percent
113
of the non-Federal share of the cost of the activity.
In-kind services shall include all State funds ex-
pended on programs that accomplish the goals of
this section, as determined by the Secretary. The
programs may include the Kaskaskia River Con-
servation Reserve Program, the Illinois Conservation
2000 Program, the Open Lands Trust Fund, and
other appropriate programs carried out in the
Kaskaskia River basin.
SEC. 536. NATALIE CREEK, MIDLOTHIAN AND OAK FOREST,
ILLINOIS.
The Secretary shall carry out a project for flood dam-
age reduction under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) Natalie Creek, Midlothian and
Oak Forest, Illinois, if the Secretary determines that the
project is feasible.
SEC. 537. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Develop-
ment Act of 2000 (114 Stat. 2654) is amended by striking
‘‘2004’’ and inserting ‘‘2010’’.
SEC. 538. 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
114
(2) by striking ‘‘Lake and Porter’’ and insert-
ing ‘‘Benton, Jasper, Lake, Newton, and Porter’’.
SEC. 539. RATHBUN LAKE, IOWA.
(a) CONVEYANCE.—The Secretary shall convey the
remaining water supply storage allocation in Rathbun
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
115
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;
(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. 540. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY.
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
shall carry out a project to mitigate the damage at Federal
expense.
116
SEC. 541. SOUTHERN AND EASTERN KENTUCKY.
(a) PROJECT PURPOSES.—Section 531(b) of the
Water Resources Development Act of 1996 (110 Stat.
3773) is amended by inserting before ‘‘and resource’’ the
following: ‘‘, environmental restoration,’’.
(b) DEFINITION.—Section 531(g) of such Act (110
Stat. 3774) is amended by inserting after ‘‘Lee,’’ the fol-
lowing: ‘‘Bath, Rowan,’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
531(h) of such Act (110 Stat. 3774; 113 Stat. 348) is
amended by striking ‘$25,000,000’’ and inserting
‘‘$40,000,000’’.
(d) CORPS OF ENGINEERS EXPENSES.—Section 531
of such Act (110 Stat. 3774; 113 Stat. 348) is amended
by adding at the end the following:
‘‘(i) 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. 542. COASTAL LOUISIANA ECOSYSTEM PROTECTION
AND RESTORATION.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) COASTAL
LOUISIANA
ECOSYSTEM.—The
term ‘‘Coastal Louisiana Ecosystem’’ means the
117
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.
(3) CONTENTS.—The plan shall include a com-
prehensive report and a programmatic environmental
118
impact statement covering the proposed Federal ac-
tion set forth in the plan.
(4) ADDITIONAL
STUDIES
AND
ANALYSES.—
After transmission of a report under this subsection,
the Secretary may conduct studies and analyses of
projects related to the comprehensive plan that are
appropriate and consistent with this subsection.
(c) INTEGRATION OF OTHER ACTIVITIES.—
(1) IN GENERAL.—In developing the plan under
subsection (b), the Secretary shall integrate ongoing
Federal and State projects and activities, including
projects implemented under the Coastal Wetlands
Planning, Protection and Restoration Act (16
U.S.C. 3951 et seq.), the Louisiana Coastal Wet-
lands Conservation Plan, the Louisiana Coastal
Zone Management Plan, and the plan of the State
of Louisiana entitled ‘‘Coast 2050: Toward a Sus-
tainable Coastal Louisiana’’.
(2) STATUTORY CONSTRUCTION.—
(A) EXISTING
AUTHORITY.—Except as
otherwise expressly provided for in this section,
nothing in the section affects any authority in
effect on the date of enactment of this Act, or
any requirement relating to the participation in
protection or restoration activities in the Coast-
119
al Louisiana Ecosystem, including projects and
activities specified in paragraph (1) of—
(i) the Department of the Army;
(ii) the Department of the Interior;
(iii) the Department of Commerce;
(iv) the Environmental Protection
Agency;
(v) the Department of Agriculture;
(vi) the Department of Transpor-
tation;
(vii) the Department of Energy; and
(viii) the State of Louisiana.
(B) NEW
AUTHORITY.—Nothing in this
section confers any new regulatory authority on
any Federal or non-Federal entity that carries
out any activity authorized by this section.
(d) COST SHARING.—The non-Federal share of the
cost of developing the plan under subsection (b) shall be
50 percent.
(e) COASTAL LOUISIANA ECOSYSTEM PROTECTION
AND RESTORATION TASK FORCE.—
(1) 
ESTABLISHMENT
AND
MEMBERSHIP.—
There is established the Coastal Louisiana Eco-
system Protection and Restoration Task Force,
which shall consist of the following members (or, in
120
the case of the head of a Federal Agency, a designee
at the level of Assistant Secretary or an equivalent
level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environ-
mental Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Coastal Advisor to the Governor.
(I) The Secretary of the Louisiana Depart-
ment of Natural Resources.
(J) A representative of the Governor’s Ad-
visory Commission on Coastal Restoration and
Conservation, Louisiana.
(2) DUTIES
OF
TASK
FORCE.—The Task
Force—
(A) shall consult with, and provide rec-
ommendations to, the Secretary during develop-
ment of the comprehensive plan under sub-
section (b)(1);
(B) shall coordinate the development of
consistent policies, strategies, plans, programs,
121
projects, activities, and priorities for addressing
the protection, conservation, and restoration of
the Coastal Louisiana Ecosystem;
(C) shall exchange information regarding
programs, projects, and activities of the agen-
cies and entities represented on the Task Force
to promote ecosystem protection, restoration,
and maintenance;
(D) shall establish a regional working
group which shall include representatives of the
agencies and entities represented on the Task
Force as well as other governmental entities as
appropriate for the purpose of formulating, rec-
ommending, coordinating, and implementing
policies, strategies, plans, programs, projects,
activities, and priorities of the Task Force;
(E) may allow the working group described
in subparagraph (D) to—
(i) establish such advisory bodies as
are necessary to assist the Task Force in
its duties; and
(ii) select as an advisory body any en-
tity that represents a broad variety of pri-
vate and public interests;
122
(F) shall facilitate the resolution of inter-
agency and intergovernmental conflicts associ-
ated with the protection, conservation, and res-
toration of the Coastal Louisiana Ecosystem;
(G) shall coordinate scientific research as-
sociated with the protection and restoration of
the Coastal Louisiana Ecosystem;
(H) shall provide assistance and support to
agencies and entities represented on the Task
Force in their protection and restoration activi-
ties;
(I) shall prepare an integrated financial
plan and recommendations for coordinated
budget requests for the funds proposed to be
expended by agencies and entities represented
on the Task Force for the protection, conserva-
tion, and restoration of the Coastal Louisiana
Ecosystem; and
(J) shall transmit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a re-
port that summarizes the activities of the Task
Force.
(3) PROCEDURES AND ADVICE.—
123
(A) PUBLIC PARTICIPATION.—
(i) IN
GENERAL.—The Task Force
shall implement procedures to facilitate
public participation in the advisory proc-
ess, including providing advance notice of
meetings, providing adequate opportunity
for public input and comment, maintaining
appropriate records, and making a record
of proceedings of meetings available for
public inspection.
(ii) OVERSIGHT.—The Secretary shall
ensure that the procedures described in
clause (i) are adopted and implemented
and that the records described in clause (i)
are accurately maintained and available for
public inspection.
(B) ADVISORS TO THE TASK FORCE AND
WORKING
GROUPS.—The Task Force or the
working group described in paragraph (2)(D)
may seek such advice and input from any inter-
ested, knowledgeable, or affected party as the
Task Force or working group determines to be
necessary to perform the duties described in
paragraph (2).
124
(C) APPLICATION OF THE FEDERAL ADVI-
SORY COMMITTEE ACT.—The Task Force, advi-
sors to the Task Force, and any associated
workgroups shall not be considered advisory
committees under the Federal Advisory Com-
mittee Act (5 U.S.C. App).
(4) COMPENSATION.—A member of the Task
Force shall receive no additional compensation for
the services provided as a member of the Task
Force.
(5) TRAVEL
EXPENSES.—Travel expenses in-
curred by a member of the Task Force in the per-
formance of services for the Task Force shall be
paid by the agency or entity that the member rep-
resents.
SEC. 543. BATON ROUGE, LOUISIANA.
Section 219(f)(21) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220)
is amended by striking ‘‘$20,000,000’’ and inserting
‘‘$35,000,000’’.
SEC. 544. WEST BATON ROUGE PARISH, LOUISIANA.
Section 517(5) of the Water Resources Development
Act of 1999 (113 Stat. 345) is amended to read as follows:
‘‘(5) Mississippi River, West Baton Rouge Par-
ish, Louisiana, project for waterfront and riverine
125
preservation, restoration, enhancement modifica-
tions, and interpretive center development.’’.
SEC. 545. CHESAPEAKE BAY SHORELINE, MARYLAND, VIR-
GINIA, PENNSYLVANIA, AND DELAWARE.
(a) IN GENERAL.—In carrying out comprehensive
study of the feasibility of a project to address shoreline
erosion and related sediment management measures to
protect water and land resources of the Chesapeake Bay,
the Secretary may carry out pilot projects to demonstrate
the feasibility of alternative measures to address sediment
loads to the Chesapeake Bay from sediment behind dams
on the lower Susquehanna River.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $5,000,000 to carry out this
section.
SEC. 546. DELMARVA CONSERVATION CORRIDOR, MARY-
LAND.
(a) ASSISTANCE.—The Secretary may provide tech-
nical assistance to the Secretary of Agriculture in carrying
out the Conservation Corridor Demonstration Program
authorized under subtitle G of title II of Public Law 107–
171 (116 Stat. 275–278).
(b) COORDINATION AND INTEGRATION.—In carrying
out water resources projects in the State of Maryland on
land located on the east side of the Chesapeake Bay, the
126
Secretary shall coordinate and integrate, to the extent
practicable, such projects with any activities undertaken
to implement a conservation corridor plan approved by the
Secretary of Agriculture under section 2602 of Public Law
107–171 (116 Stat. 275–276).
SEC. 547. DETROIT RIVER, MICHIGAN.
Section 568(c)(2) of the Water Resources Develop-
ment Act of 1999 (113 Stat. 368) is amended by striking
‘‘$1,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 548. OAKLAND COUNTY, MICHIGAN.
Section 219(f)(29) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 336) is amended by inserting
‘‘sanitary sewer overflows and’’ before ‘‘combined sewer
overflows’’.
SEC. 549. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
The Secretary shall carry out feasible aquatic eco-
system restoration projects identified in the comprehensive
management plan for St. Clair River and Lake St. Clair,
Michigan, developed under section 426 of the Water Re-
sources Development Act of 1999 (113 Stat. 326), at a
total Federal cost of not to exceed $10,000,000.
SEC. 550. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
Section 219(f)(61) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–221) is amended by
adding at the end the following: ‘‘Such assistance shall
127
be provided directly to the Garrison-Kathio-West Mille
Lacs Lake Sanitary District, Minnesota.’’.
SEC. 551. NORTHEASTERN MINNESOTA.
(a) IN GENERAL.—Section 569 of the Water Re-
sources Development Act of 1999 (113 Stat. 368) is
amended—
(1) in subsection (a) by striking ‘‘Benton,
Sherburne,’’ and inserting ‘‘Hubbard, Wadena,’’;
(2) by striking the last sentence of subsection
(e)(3)(B);
(3) by striking subsection (g) and inserting the
following:
‘‘(g) 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.’’; and
(4) by adding at the end the following:
‘‘(i) 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.’’.
(b) BIWABIK, MINNESOTA.—The Secretary shall re-
imburse the non-Federal interest for the project for envi-
128
ronmental infrastructure, Biwabik, Minnesota, carried out
under section 569 of the Water Resources Development
Act of 1999 (113 Stat. 368–369), for planning, design,
and construction costs incurred by the non-Federal inter-
est with respect to the project before the date of the co-
operation agreement for the project and were in excess
of the non-Federal share of the project costs if the Sec-
retary determines that the costs are appropriate.
SEC. 552. RURAL NEVADA.
Section 595(h)(1) of the Water Resources Develop-
ment Act of 1999 (113. Stat. 384) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’.
SEC. 553. HACKENSACK MEADOWLANDS AREA, NEW JER-
SEY.
Section 324 of the Water Resources Development Act
of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended—
(1) in subsection (a) by striking ‘‘Hackensack
Meadowlands Development’’ and all that follows
through ‘‘Plan for’’ and inserting ‘‘New Jersey
Meadowlands Commission for the development of an
environmental improvement program for’’;
(2) in subsection (b)—
(A) in the subsection heading by striking
‘‘REQUIRED’’;
129
(B) by striking ‘‘shall’’ and inserting
‘‘may’’; and
(C) by striking paragraph (1) and insert-
ing the following:
‘‘(1) Enhancement and acquisition of signifi-
cant wetlands that contribute to the Meadowlands
ecosystem.’’;
(3) in subsection (c) by inserting before the last
sentence the following: ‘‘The non-Federal sponsor
may also provide in-kind services, not to exceed 25
percent of the total project cost, and may also re-
ceive credit for reasonable cost of design work com-
pleted prior to entering into the cooperation agree-
ment with the Secretary for a project to be carried
out under the program developed under subsection
(a).’’; and
(4) in subsection (d) by striking ‘‘$5,000,000’’
and inserting ‘‘$35,000,000’’.
SEC. 554. ATLANTIC COAST OF NEW YORK.
(a) DEVELOPMENT OF PROGRAM.—Section 404(a) of
the Water Resources Development Act of 1992 (106 Stat.
4863) is amended—
(1) by striking ‘‘processes’’ and inserting ‘‘and
related environmental processes’’;
130
(2) by inserting after ‘‘Atlantic Coast’’ the fol-
lowing: ‘‘(and associated back bays)’’;
(3) by inserting after ‘‘actions’’ the following: ‘‘,
environmental restoration or conservation measures
for coastal and back bays,’’; and
(4) by inserting at the end the following: ‘‘The
plan for collecting data and monitoring information
included in such annual report shall be fully coordi-
nated with and agreed to by appropriate agencies of
the State of New York.’’.
(b) ANNUAL REPORTS.—Section 404(b) of such Act
is amended—
(1) by striking ‘‘INITIAL PLAN.—Not later than
12 months after the date of enactment of this Act,
the’’ and inserting ‘‘ANNUAL REPORTS.—The’’;
(2) by striking ‘‘initial plan for data collection
and monitoring’’ and inserting ‘‘annual report of
data collection and monitoring activities’’; and
(3) by striking the last sentence.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
404(c) of such Act (113 Stat. 341) is amended by striking
‘‘and an additional total of $2,500,000 for fiscal years
thereafter’’ and inserting ‘‘$2,500,000 for fiscal years
2000 through 2002, and $17,000,000 for fiscal years be-
ginning after September 30, 2002,’’.
131
SEC. 555. COLLEGE POINT, NEW YORK CITY, NEW YORK.
In carrying out section 312 of the Water Resources
Development Act of 1990 (104 Stat. 4639–4640), the Sec-
retary shall give priority to work in College Point, New
York City, New York.
SEC. 556. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW
YORK.
The Secretary shall credit toward the non-Federal
share of the cost of the project for ecosystem restoration,
Flushing Bay and Creek, New York City, New York, the
cost of design and construction work carried out by the
non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 557. LITTLE NECK BAY, VILLAGE OF KINGS POINT,
NEW YORK.
(a) IN GENERAL.—The Secretary may carry out a
navigation project at Little Neck Bay (Hague Basin), Vil-
lage of Kings Point, New York, sufficient to permit the
safe operation of the vessel T/V Kings Pointer at all tide
levels.
(b) REIMBURSEMENT.—The Secretary shall seek re-
imbursement from the United States Merchant Marine
Academy for the cost of the project carried out under this
section.
132
SEC. 558. STANLEY COUNTY, NORTH CAROLINA.
Section 219(f)(64) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–221) is amended by
inserting ‘‘water and’’ before ‘‘wastewater’’.
SEC. 559. PIEDMONT LAKE DAM, OHIO.
In reconstructing the road on the Piedmont Lake
Dam as part of the project for dam safety assurance, Pied-
mont Lake Dam, Ohio, being carried out under section
4 of the Flood Control Act of August 11, 1939 (53 Stat.
1414–1415), the Secretary shall upgrade the condition of
the road to meet standards applicable to public use roads
in the State of Ohio. The incremental cost of upgrading
the road to meet such standards shall be a non-Federal
expense.
SEC. 560. WAURIKA LAKE, OKLAHOMA.
The remaining obligation of the Waurika Project
Master Conservancy District payable to the United States
Government in the amounts, rates of interest, and pay-
ment schedules is set at the amounts, rates of interest,
and payment schedules that existed, and that both parties
agreed to, on June 3, 1986, and may not be adjusted,
altered, or changed without a specific, separate, and writ-
ten agreement between the District and the United States
Government.
133
SEC. 561. COLUMBIA RIVER, OREGON.
Section 401(b)(3) of Public Law 100–581 (102 Stat.
2944), is amended by inserting ‘‘and Celilo Village, Or-
egon’’ after ‘‘existing sites’’.
SEC. 562. EUGENE, OREGON.
(a) IN GENERAL.—The Secretary shall conduct a
study to determine the feasibility of restoring the millrace
in Eugene, Oregon, and, if the Secretary determines that
the restoration is feasible, shall carry out the restoration.
(b) CONSIDERATION
OF
NON-ECONOMIC
BENE-
FITS.—In determining the feasibility of restoring the mill-
race, the Secretary shall include non-economic benefits as-
sociated with the historical significance of the millrace and
associated with preservation and enhancement of re-
sources.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000.
SEC. 563. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR-
EGON AND WASHINGTON.
(a) IN GENERAL.—The Secretary shall pay up to
$2,500,000 to the provider of research and curation sup-
port previously provided to the Federal Government as a
result of the multi-purpose project, John Day Lock and
Dam, Lake Umatilla, Oregon and Washington, authorized
by section 101 of the River and Harbor Act of 1950 (64
134
Stat. 167), and the several navigation and flood damage
reduction projects constructed on the Columbia River and
Lower Willamette River, Oregon and Washington.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,500,000.
SEC. 564. LOWELL, OREGON.
(a) IN GENERAL.—The Secretary may convey with-
out consideration to Lowell School District, by quitclaim
deed, all right, title and interest of the United States in
and to approximately 3.32 acres of land and buildings
thereon, known as Tract A–82, located in Lowell, Oregon,
and described in subsection (b).
(b) DESCRIPTION OF PROPERTY.—The parcel of land
authorized to be conveyed under subsection (a) is as fol-
lows: Commencing at the point of intersection of the west
line of Pioneer Street with the westerly extension of the
north line of Summit Street, in Meadows Addition to Low-
ell, as platted and recorded at page 56 of Volume 4, Lane
County Oregon Plat Records; thence north on the west
line of Pioneer Street a distance of 176.0 feet to the true
point of beginning of this description; thence north on the
west line of Pioneer Street a distance of 170.0 feet; thence
west at right angles to the west line of Pioneer Street a
distance of 250.0 feet; thence south and parallel to the
135
west line of Pioneer Street a distance of 170.0 feet; thence
east 250.0 feet to the true point of beginning of this de-
scription in Section 14, Township 19 South, Range 1 West
of the Willamette Meridian, Lane County, Oregon.
(c) TERMS AND CONDITIONS.—Before conveying the
parcel to the school district, the Secretary shall ensure
that the conditions of buildings and facilities meet the re-
quirements of applicable Federal law.
(d) GENERALLY APPLICABLE PROVISIONS.—
(1) APPLICABILITY OF PROPERTY SCREENING
PROVISIONS.—Section 2696 of title 10, United
States Code, shall not apply to any conveyance
under this section.
(2) LIABILITY.—An entity to which a convey-
ance is made under this section shall hold the
United States harmless from any liability with re-
spect to activities carried out, on or after the date
of the conveyance, on the real property conveyed.
The United States shall remain responsible for any
liability with respect to activities carried out, before
such date, on the real property conveyed.
SEC. 565. HAGERMAN’S RUN, WILLIAMSPORT, PENNSYL-
VANIA.
The Secretary may rehabilitate the pumps at the
project for flood damage reduction, Hagerman’s Run, Wil-
136
liamsport, Pennsylvania, at a total Federal cost of
$225,000.
SEC. 566. NORTHEAST PENNSYLVANIA.
Section 219(f)(11) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 335) is amended by striking
‘‘and Monroe’’ and inserting ‘‘Northumberland, Union,
Snyder, and Montour’’.
SEC. 567. SUSQUEHANNOCK CAMPGROUND ACCESS ROAD,
RAYSTOWN LAKE, PENNSYLVANIA.
(a) IMPROVEMENT
OF ACCESS ROAD.—The Sec-
retary may make improvements to the Susquehannock
Campground access road at Raystown Lake, Pennsyl-
vania.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$500,000.
SEC. 568. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL-
VANIA AND NEW YORK.
Section 567 of the Water Resources Development Act
of 1996 (114 Stat. 2662–2663; 110 Stat. 3787–3788) is
amended—
(1) 
in 
subsection 
(a)(2) 
by 
striking
‘‘$10,000,000.’’ 
and 
inserting 
the 
following:
‘‘$20,000,000, of which the Secretary may utilize
not more than $5,000,000 to design and construct
137
feasible pilot projects during the development of the
strategy to demonstrate alternative approaches for
the strategy. The total cost for any single pilot
project may not exceed $500,000. The Secretary
shall evaluate the results of the pilot projects and
consider the results in the development of the strat-
egy.’’.
(2) in subsection (c)—
(A) in the subsection heading by striking
‘‘COOPERATION’’ 
and 
inserting 
‘‘COOPERA-
TIVE’’; and
(B) by striking ‘‘cooperation’’ and insert-
ing ‘‘cooperative’’; and
(3) by adding at the end the following:
‘‘(e) CREDIT.—The Secretary shall credit toward the
non-Federal share of the cost of the project the cost of
design and construction work carried out by the non-Fed-
eral interest before the date of the cooperation agreement
for the project, if the Secretary determines that the work
is integral to the project, and the cost of in-kind services
and materials provided for the project by the non-Federal
interest.’’.
138
SEC. 569. WASHINGTON, GREENE, WESTMORELAND, AND
FAYETTE COUNTIES, PENNSYLVANIA.
Section 219(f)(70) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–221) is amended by
striking ‘‘$8,000,000’’ and inserting ‘‘$13,300,000’’.
SEC. 570. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.
The Secretary shall review a report prepared by the
non-Federal interest concerning flood protection and envi-
ronmental restoration for Cano Martin Pena, San Juan,
Puerto Rico, and, if the Secretary determines that the re-
port meets the evaluation and design standards of the
Corps of Engineers and that the project is feasible, may
carry out the project, at a total cost of $130,000,000, with
an estimated Federal cost of $85,000,000 and an esti-
mated non-Federal cost of $45,000,000.
SEC. 571. LAKES MARION AND MOULTRIE, SOUTH CARO-
LINA.
Section 219(f)(25) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220)
is amended by striking ‘‘$15,000,000’’ and inserting
‘‘$35,000,0000’’.
SEC. 572. FRITZ LANDING, TENNESSEE.
The Secretary shall—
(1) conduct a study of the Fritz Landing Agri-
cultural Spur Levee, Tennessee, to determine the ex-
tent of levee modifications that would be required to
139
make the levee and associated drainage structures
consistent with Federal standards;
(2) design and construct such modifications;
and
(3) after completion of such modifications, in-
corporate the levee into the project for flood control,
Mississippi River and Tributaries, authorized by the
Act entitled ‘‘An Act for the control of floods on the
Mississippi River and its tributaries, and for other
purposes’’, approved May 15, 1928 (45 Stat. 534–
539), commonly know as the ‘‘Flood Control Act of
1928’’.
SEC. 573. MEMPHIS, TENNESSEE.
The Secretary shall review the aquatic ecosystem res-
toration component of the Memphis Riverfront Develop-
ment Master Plan, Memphis, Tennessee, prepared by the
non-Federal interest and, if the Secretary determines that
the component meets the evaluation and design standards
of the Corps of Engineers and that the component is fea-
sible, may carry out the component at a total Federal cost
not to exceed $5,000,000.
SEC. 574. TOWN CREEK, LENOIR CITY, TENNESSEE.
The Secretary shall construct the project for flood
damage reduction designated as Alternative 4 in the Town
Creek, Lenoir City, Loudon City, Tennessee, feasibility re-
140
port of the Nashville district engineer, dated November
2000, at a total cost of $1,250,000.
SEC. 575. TENNESSEE RIVER PARTNERSHIP.
(a) IN GENERAL.—As part of the operation and
maintenance of the project for navigation, Tennessee
River, Tennessee, Alabama, Mississippi, and Kentucky,
authorized by the first section of the Rivers and Harbors
Act of July 3, 1930 (46 Stat. 927), the Secretary may
enter into a partnership with a nonprofit entity to remove
debris from the Tennessee River in the vicinity of Knox-
ville, Tennessee, by providing a vessel to such entity, at
Federal expense, for such debris removal purposes.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$500,000.
SEC. 576. HALLS BAYOU, TEXAS.
Section 211(f) of the Water Resources Development
Act of 1996 (33 U.S.C. 701b–13) is amended—
(1) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(2) by inserting after paragraph (6) the fol-
lowing:
‘‘(7) HALLS BAYOU, TEXAS.—The project for
flood control, Halls Bayou, Texas.’’.
141
SEC. 577. HARRIS GULLY, HARRIS COUNTY, TEXAS.
(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct
a study to determine the feasibility of carrying out
a project for flood damage reduction in the Harris
Gully watershed, Harris County, Texas, to provide
flood protection for the Texas Medical Center, Hous-
ton, Texas.
(2) USE OF LOCAL STUDIES AND PLANS.—In
conducting the study, the Secretary shall use, to the
extent practicable, studies and plans developed by
the non-Federal interest if the Secretary determines
that such studies and plans meet the evaluation and
design standards of the Corps of Engineers.
(3) COMPLETION DATE.—The Secretary shall
complete the study by July 1, 2004.
(b) CRITICAL FLOOD DAMAGE REDUCTION MEAS-
URES.—The Secretary may carry out critical flood damage
reduction measures that the Secretary determines are fea-
sible and that will provide immediate and substantial flood
damage reduction benefits in the Harris Gully watershed,
at a Federal cost of $7,000,000.
(c) CREDIT.—The Secretary shall 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 cooperation
142
agreement for the project if the Secretary determines that
such work is integral to the project.
(d) NONPROFIT ENTITY.—Notwithstanding section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b), a nonprofit entity may, with the consent of the local
government, serve as a non-Federal interest for the project
undertaken under this section.
SEC. 578. ONION CREEK, TEXAS.
The Secretary shall credit toward the non-Federal
share of the cost of the project for flood damage reduction
and ecosystem restoration, Onion Creek, Texas, the cost
of relocation of flood prone residences in the study area
for the project incurred by the non-Federal interest before
the date of the cooperation agreement for the project if
the Secretary determines that the relocation of such resi-
dences is integral to the project.
SEC. 579. PELICAN ISLAND, TEXAS.
(a) IN GENERAL.—Section 108(a) of the Energy and
Water Development Appropriations Act, 1994 (33 U.S.C.
59hh(a)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(1) AUTHORITY TO CONVEY.—The Secretary’’;
(2) by adding at the end the following:
‘‘(2) LETTER OF INTENT.—
143
‘‘(A) IN
GENERAL.—The Secretary may
provide a letter of intent to the city of Gal-
veston for conveyance of less than 100 acres of
the parcel described in subsection (a) for pri-
vate development purposes if the Secretary re-
ceives and approves a proposal by the city des-
ignating the land which would be subject to
such development.
‘‘(B) DISPOSITION OF SPOIL.—If the Sec-
retary issues a letter of intent under subpara-
graph (A), no additional spoil material may be
placed on the land designated for private devel-
opment for a period of at least 5 years from the
date of issuance of the letter to provide the city
of Galveston with an opportunity to secure pri-
vate developers, perform appraisals, conduct en-
vironmental studies, and provide the compensa-
tion to the United States required for the con-
veyance.’’; and
(3) by aligning the remainder of the text of
paragraph (1) (as designated by paragraph (1) of
this subsection) with paragraph (2) (as added by
paragraph (2) of this subsection).
(b) EXPIRATION DATE.—Section 108(e)(3) of such
Act (33 U.S.C. 59hh(e)(3)) is amended by striking ‘‘date
144
of enactment of this Act’’ and inserting ‘‘date of enact-
ment of the Water Resources Development Act of 2002’’.
SEC. 580. RIVERSIDE OXBOW, FORT WORTH, TEXAS.
The Secretary shall credit toward the non-Federal
share of the cost of the project for ecosystem restoration
and recreation, Riverside Oxbow, Fort Worth, Texas, the
cost of design and construction work carried out on the
Beach Street Dam and associated features by the non-
Federal interest before the date of the cooperation agree-
ment for the project if the Secretary determines that the
work is integral to the project.
SEC. 581. RICHMOND NATIONAL BATTLEFIELD PARK, RICH-
MOND, VIRGINIA.
(a) IN GENERAL.—The Secretary is authorized to
carry out bluff stabilization measures on the James River
in the vicinity of Drewry’s Bluff, Richmond National Bat-
tlefield Park, Richmond, Virginia.
(b) REIMBURSEMENT.—The Secretary shall seek re-
imbursement from the Secretary of the Interior of any
costs incurred by the Secretary in carrying out subsection
(a).
SEC. 582. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased sil-
tation in Baker Bay and Ilwaco Harbor, Washington, to
determine if the siltation is the result of a Federal naviga-
145
tion project (including diverted flows from the Columbia
River) and, if the Secretary determines that the siltation
is the result of a Federal navigation project, the Secretary
shall carry out a project to mitigate the siltation as part
of maintenance of the Federal navigation project.
SEC. 583. CHEHALIS RIVER, CENTRALIA, WASHINGTON.
The Secretary shall credit toward the non-Federal
share of the cost of the project for flood damage reduction,
Chehalis River, Centralia, Washington, the cost of plan-
ning, design, and construction work carried out by the
non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 584. HAMILTON ISLAND CAMPGROUND, WASHINGTON.
The Secretary is authorized to plan, design, and con-
struct a campground for Bonneville Lock and Dam at
Hamilton Island (also know as ‘‘Strawberry Island’’) in
Skamania County, Washington.
SEC. 585. PUGET ISLAND, WASHINGTON.
The Secretary is directed to place dredged and other
suitable material along portions of the Columbia River
shoreline of Puget Island, Washington, between river miles
38 to 47 in order to protect economic and environmental
resources in the area from further erosion, at a Federal
cost of $1,000,000. This action shall be coordinated with
146
appropriate resource agencies and comply with applicable
Federal laws.
SEC. 586. WEST VIRGINIA AND PENNSYLVANIA FLOOD CON-
TROL.
(a) CHEAT AND TYGART RIVER BASINS, WEST VIR-
GINIA.—Section 581(a)(1) of the Water Resources Devel-
opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is
amended—
(1) by striking ‘‘flood control measures’’ and in-
serting ‘‘structural and nonstructural flood control,
streambank protection, stormwater management,
and channel clearing and modification measures’’;
and
(2) by inserting ‘‘with respect to measures that
incorporate levees or floodwalls’’ before the semi-
colon.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
581(c) of the Water Resources Development Act of 1996
(110 Stat. 3791) is amended by striking ‘‘$12,000,000’’
and inserting ‘‘$90,000,000’’.
SEC. 587. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA.
The Secretary shall conduct a watershed and river
basin assessment under section 729 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2267a) for
the Lower Kanawha River Basin, in the counties of
147
Mason, Putnam, Kanawha, Jackson, and Roane, West
Virginia.
SEC. 588. CENTRAL WEST VIRGINIA.
Section 571 of the Water Resources Development Act
of 1999 (113 Stat. 371) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Nicholas,’’; and
(B) by striking ‘‘Gilmer,’’; and
(2) 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 entity
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. 589. SOUTHERN WEST VIRGINIA.
(a) CORPS
OF ENGINEERS.—Section 340 of the
Water Resources Development Act of 1992 (106 Stat.
4856; 113 Stat. 320) is amended by adding at the end
the following:
148
‘‘(h) CORPS OF ENGINEERS.—Ten percent of the
amounts appropriated to carry out this section for fiscal
years 2003 and thereafter may be used by the Corps of
Engineers district offices to administer projects under this
section at 100 percent Federal expense.’’.
(b) SOUTHERN WEST VIRGINIA DEFINED.—Section
340(f) of such Act is amended by inserting ‘‘Nicholas,
Gilmer,’’ after ‘‘Greenbrier,’’.
(c) NONPROFIT
ENTITIES.—Section 340 of the
Water Resources Development Act of 1992 (106 Stat.
4856) is further amended by adding at the end the fol-
lowing:
‘‘(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 entity
with the consent of the affected local government.’’.
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