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SEC. 5081. DELMARVA CONSERVATION CORRIDOR, DELA-
WARE AND MARYLAND. 
(a) ASSISTANCE.—The Secretary may provide tech-
nical assistance to the Secretary of Agriculture for use in 
carrying out the Conservation Corridor Demonstration 
Program established under subtitle G of title II of the 
Farm Security and Rural Investment Act of 2002 (16 
U.S.C. 3801 note; 116 Stat. 275). 
(b) COORDINATION AND INTEGRATION.—In carrying 
out water resources projects in Delaware and Maryland 
on the Delmarva Peninsula, the Secretary shall coordinate 
and integrate those projects, to the maximum extent prac-
ticable, with any activities carried out to implement a con-
servation corridor plan approved by the Secretary of Agri-
culture under section 2602 of the Farm Security and 
Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 
Stat. 275). 
SEC. 5082. MASSACHUSETTS DREDGED MATERIAL DIS-
POSAL SITES. 
The Secretary may cooperate with Massachusetts in 
the management and long-term monitoring of aquatic 
dredged material disposal sites within the State, and is 
authorized to accept funds from the State to carry out 
such activities. 
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SEC. 5083. ONTONAGON HARBOR, MICHIGAN. 
The Secretary shall conduct a study of shore damage 
in the vicinity of the project for navigation, Ontonagon 
Harbor, Ontonagon County, Michigan, authorized by sec-
tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 
1176, 100 Stat. 4213, 110 Stat. 3730), 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. 5084. CROOKSTON, MINNESOTA. 
The Secretary shall conduct a study for a project for 
emergency streambank protection along the Red Lake 
River in Crookston, Minnesota, and, if the Secretary de-
termines that the project is feasible, the Secretary may 
carry out the project under section 14 of the Flood Control 
Act of 1946 (33 U.S.C. 701r); except that the maximum 
amount of Federal funds that may be expended for the 
project shall be $6,500,000. 
SEC. 5085. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 
(a) PROJECT DESCRIPTION.—Section 219(f)(61) of 
the Water Resources Development Act of 1992 (114 Stat. 
2763A–221) is amended— 
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(1) in the paragraph heading by striking ‘‘AND 
KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING 
COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN 
RESERVATION, AND KATHIO TOWNSHIP’’; 
(2) by striking ‘‘$11,000,000’’ and inserting 
‘‘$17,000,000’’; 
(3) by inserting ‘‘, Crow Wing County, Mille 
Lacs County, Mille Lacs Indian Reservation (10 
Stat. 1165),’’ after ‘‘Garrison’’; and 
(4) by adding at the end the following: ‘‘Such 
assistance shall be provided directly to the Garrison- 
Kathio-West Mille Lacs Lake Sanitary District, 
Minnesota, except for assistance provided directly to 
the Mille Lacs Band of Ojibwe at the discretion of 
the Secretary.’’. 
(b) PROCEDURES.—In carrying out the project au-
thorized by such section 219(f)(61), the Secretary may use 
the cost sharing and contracting procedures available to 
the Secretary under section 569 of the Water Resources 
Development Act of 1999 (113 Stat. 368). 
SEC. 5086. ITASCA COUNTY, MINNESOTA. 
The Secretary shall carry out a project for flood dam-
age reduction, Trout Lake and Canisteo Pit, Itasca Coun-
ty, Minnesota, irrespective of normal policy considerations. 
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SEC. 5087. MINNEAPOLIS, MINNESOTA. 
(a) CONVEYANCE.—The Secretary shall convey to the 
city of Minneapolis by quitclaim deed and without consid-
eration all right, title, and interest of the United States 
to the property known as the War Department (Fort 
Snelling Interceptor) Tunnel in Minneapolis, Minnesota. 
(b) APPLICABILITY OF PROPERTY SCREENING PRO-
VISIONS.—Section 2696 of title 10, United States Code, 
shall not apply to the conveyance under this section. 
SEC. 5088. 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 ‘‘Beltrami, 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)), a non-Federal interest may include for any 
project undertaken under this section a nonprofit entity.’’; 
(4) in subsection (h) by striking ‘‘$40,000,000’’ 
and inserting ‘‘$54,000,000’’; and 
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(5) 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 Federal expense.’’. 
(b) BIWABIK, MINNESOTA.—The Secretary shall re-
imburse the non-Federal interest for the project for envi-
ronmental infrastructure, Biwabik, Minnesota, carried out 
under section 569 of the Water Resources Development 
Act of 1999 (113 Stat. 368), for planning, design, and 
construction costs that were incurred by the non-Federal 
interest with respect to the project before the date of the 
partnership agreement for the project and that were in 
excess of the non-Federal share of the cost of the project 
if the Secretary determines that the costs are appropriate. 
SEC. 5089. WILD RICE RIVER, MINNESOTA. 
The Secretary shall expedite the completion of the 
general reevaluation report, authorized by section 438 of 
the Water Resources Development Act of 2000 (114 Stat. 
2640), for the project for flood protection, Wild Rice 
River, Minnesota, authorized by section 201 of the Flood 
Control Act of 1970 (84 Stat. 1825), to develop alter-
natives to the Twin Valley Lake feature, and upon the 
completion of such report, shall construct the project at 
a total cost of $20,000,000. 
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SEC. 5090. HARRISON, HANCOCK, AND JACKSON COUNTIES, 
MISSISSIPPI. 
In carrying out projects for the protection, restora-
tion, and creation of aquatic and ecologically related habi-
tats located in Harrison, Hancock, and Jackson Counties, 
Mississippi, under section 204 of the Water Resources De-
velopment Act of 1992 (33 U.S.C. 2326), the Secretary 
shall accept any portion of the non-Federal share of the 
cost of the project in the form of in-kind services and ma-
terials. 
SEC. 5091. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS. 
As a part of the operation and maintenance of the 
project for the Mississippi River (Regulating Works), be-
tween the Ohio and Missouri Rivers, Missouri and Illinois, 
authorized by the first section of an Act entitled ‘‘Making 
appropriations for the construction, repair, and preserva-
tion of certain public works on rivers and harbors, and 
for other purposes’’, approved June 25, 1910, the Sec-
retary may carry out activities necessary to restore and 
protect fish and wildlife habitat in the middle Mississippi 
River system. Such activities may include modification of 
navigation training structures, modification and creation 
of side channels, modification and creation of islands, and 
studies and analysis necessary to apply adaptive manage-
ment principles in design of future work. 
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SEC. 5092. ST. LOUIS, MISSOURI. 
Section 219(f)(32) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 337) is amended— 
(1) 
by 
striking 
‘‘project’’ 
and 
inserting 
‘‘projects’’; 
(2) by striking ‘‘$15,000,000’’ and inserting 
‘‘$35,000,000’’; and 
(3) by inserting ‘‘and St. Louis County’’ before 
‘‘, Missouri’’. 
SEC. 5093. 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)— 
(A) by striking ‘‘design’’ and inserting 
‘‘planning, design,’’; and 
(B) 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’’; 
(B) by striking ‘‘shall’’ and inserting 
‘‘may’’; 
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(C) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) Restoration and acquisitions of significant 
wetlands and aquatic habitat that contribute to the 
Meadowlands ecosystem.’’; 
(D) in paragraph (2) by inserting ‘‘and 
aquatic habitat’’ before the period at the end; 
and 
(E) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) Research, development, and implementa-
tion for a water quality improvement program, in-
cluding restoration of hydrology and tidal flows and 
remediation of hot spots and other sources of con-
taminants that degrade existing or planned sites.’’; 
(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 the 
non-Federal share of the total project cost, and may 
also receive credit for reasonable cost of design work 
completed prior to entering into the partnership 
agreement with the Secretary for a project to be car-
ried out under the program developed under sub-
section (a).’’; and 
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(4) in subsection (d) by striking ‘‘$5,000,000’’ 
and inserting ‘‘$35,000,000’’. 
SEC. 5094. 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’’; 
(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 adding 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 the enactment of this 
Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 
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(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 2004, and $7,500,000 for fiscal years begin-
ning after September 30, 2004,’’. 
(d) TSUNAMI WARNING SYSTEM.—Section 404 of the 
Water Resources Development Act of 1992 (106 Stat. 
4863) is amended by adding at the end the following: 
‘‘(d) TSUNAMI WARNING SYSTEM.—There is author-
ized to be appropriated $800,000 for the Secretary to 
carry out a project for a tsunami warning system, Atlantic 
Coast of New York.’’. 
SEC. 5095. COLLEGE POINT, NEW YORK CITY, NEW YORK. 
In carrying out section 312 of the Water Resources 
Development Act of 1990 (104 Stat. 4639), the Secretary 
shall give priority to work in College Point, New York 
City, New York. 
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SEC. 5096. 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 partnership 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
SEC. 5097. HUDSON RIVER, NEW YORK. 
The Secretary may participate with the State of New 
York, New York City, and the Hudson River Park Trust 
in carrying out activities to restore critical marine habitat, 
improve safety, and protect and rehabilitate critical infra-
structure. There is authorized to be appropriated 
$5,000,000 to carry out this section. 
SEC. 5098. MOUNT MORRIS DAM, NEW YORK. 
As part of the operation and maintenance of the 
Mount Morris Dam, New York, the Secretary may make 
improvements to the access road for the dam to provide 
safe access to a Federal visitor’s center. 
SEC. 5099. JOHN H. KERR DAM AND RESERVOIR, NORTH 
CAROLINA. 
The Secretary shall expedite the completion of the 
calculations necessary to negotiate and execute a revised, 
permanent contract for water supply storage at John H. 
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Kerr Dam and Reservoir, North Carolina, among the Sec-
retary and the Kerr Lake Regional Water System and the 
city of Henderson, North Carolina. 
SEC. 5100. STANLY 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. 5101. CINCINNATI, OHIO. 
(a) IN GENERAL.—The Secretary is authorized to 
undertake the ecosystem restoration and recreation com-
ponents of the Central Riverfront Park Master Plan, 
dated December 1999, at a total cost of $25,000,000. 
(b) 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 partnership 
agreement for the project if the Secretary determines that 
the work is integral to the project. 
SEC. 5102. TOUSSAINT RIVER, OHIO. 
(a) IN GENERAL.—The project for navigation, Tous-
saint River, Carroll Township, Ohio, authorized by section 
107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 
is modified to authorize the Secretary to enter into an 
agreement with the non-Federal interest under which the 
Secretary may— 
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(1) acquire, and transfer to the non-Federal in-
terest, a dredge and associated equipment with the 
capacity to perform operation and maintenance of 
the project; and 
(2) provide the non-Federal interest with a 
lump-sum payment to cover all future costs of oper-
ation and maintenance of the project. 
(b) AGREEMENT.—The Secretary may carry out sub-
section (a)(1) by entering into an agreement with the non- 
Federal interest under which the non-Federal interest may 
acquire the dredge and associated equipment directly and 
be reimbursed by the Secretary. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $1,800,000 to carry out this 
section. Of such funds, $500,000 may be used to carry 
out subsection (a)(1). 
(d) RELEASE.—Upon the acquisition and transfer of 
a dredge and associated equipment under subsection 
(a)(1), and the payment of funds under subsection (a)(2), 
all future Federal responsibility for operation and mainte-
nance of the project is extinguished. 
SEC. 5103. 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 
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the restoration is feasible, the Secretary shall carry out 
the restoration. 
(b) CONSIDERATION OF NONECONOMIC BENEFITS.— 
In determining the feasibility of restoring the millrace, the 
Secretary shall include noneconomic benefits associated 
with the historical significance of the millrace and associ-
ated with preservation and enhancement of resources. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000. 
SEC. 5104. FERN RIDGE DAM, OREGON. 
The Secretary may treat all work carried out for 
emergency corrective actions to repair the embankment 
dam at the Fern Ridge Lake project, Oregon, as a dam 
safety project. The cost of work carried out may be recov-
ered in accordance with section 1203 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 467n; 100 
Stat. 4263). 
SEC. 5105. ALLEGHENY COUNTY, PENNSYLVANIA. 
Section 219(f)(66) of the Water Resources Develop-
ment Act of 1992 (114 Stat. 2763A–221) is amended— 
(1) by striking ‘‘$20,000,000’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—$20,000,000’’; 
(2) by adding at the end the following: 
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‘‘(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 partner-
ship agreement for the project if the Secretary 
determines that the work is integral to the 
project.’’; and 
(3) by aligning the remainder of the text of 
subparagraph (A) (as designated by paragraph (1) 
of this section) with subparagraph (B) (as added by 
paragraph (2) of this section). 
SEC. 5106. CLINTON COUNTY, PENNSYLVANIA. 
Section 219(f)(13) of the Water Resources Develop-
ment Act of 1992 (113 Stat. 335) is amended by striking 
‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. 
SEC. 5107. KEHLY RUN DAMS, PENNSYLVANIA. 
Section 504(a)(2) of the Water Resources Develop-
ment Act of 1999 (113 Stat. 338; 117 Stat. 1842) is 
amended by striking ‘‘Dams’’ and inserting ‘‘Dams No. 
1–5’’. 
SEC. 5108. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL-
VANIA. 
The Secretary shall use existing water quality data 
to model the effects of the Francis E. Walter Dam, at 
different water levels, to determine its impact on water 
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and related resources in and along the Lehigh River in 
Lehigh County, Pennsylvania. There is authorized to be 
appropriated $500,000 to carry out this section. 
SEC. 5109. 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, Luzerne, and Monroe’’. 
SEC. 5110. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL-
VANIA AND NEW YORK. 
(a) STUDY AND STRATEGY DEVELOPMENT.—Section 
567(a) of the Water Resources Development Act of 1996 
(110 Stat. 3787; 114 Stat. 2662) is amended— 
(1) in the matter preceding paragraph (1) by 
inserting ‘‘and carry out’’ after ‘‘develop’’; and 
(2) 
in 
paragraph 
(2) 
by 
striking 
‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 
which the Secretary may utilize not more than 
$5,000,000 to design and construct 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 strategy.’’. 
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(b) COOPERATIVE AGREEMENTS.—Section 567(c) of 
such Act (114 Stat. 2662) is amended— 
(1) in the subsection heading by striking ‘‘CO-
OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 
(2) in the first sentence— 
(A) by inserting ‘‘and carrying out’’ after 
‘‘developing’’; and 
(B) by striking ‘‘cooperation’’ and insert-
ing ‘‘cost-sharing and cooperative’’. 
(c) 
IMPLEMENTATION
OF
STRATEGY.—Section 
567(d) of such Act (114 Stat. 2663) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; 
(2) in the second sentence of paragraph (1) (as 
so designated)— 
(A) by striking ‘‘implement’’ and inserting 
‘‘carry out’’; and 
(B) by striking ‘‘implementing’’ and insert-
ing ‘‘carrying out’’; 
(3) by adding at the end the following: 
‘‘(2) PRIORITY
PROJECT.—In carrying out 
projects to implement the strategy, the Secretary 
shall give priority to the project for ecosystem res-
toration, Cooperstown, New York, described in the 
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Upper 
Susquehanna 
River 
Basin—Cooperstown 
Area Ecosystem Restoration Feasibility Study, dated 
December 2004, prepared by the Corps of Engineers 
and the New York State Department of Environ-
mental Conservation.’’; and 
(4) 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 (3) of this subsection). 
(d) CREDIT.—Section 567 of such Act (110 Stat. 
3787; 114 Stat. 2662) is amended by adding at the end 
the following: 
‘‘(e) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of a project under this sec-
tion— 
‘‘(1) the cost of design and construction work 
carried out by the non-Federal interest before the 
date of the partnership agreement for the project if 
the Secretary determines that the work is integral to 
the project; and 
‘‘(2) the cost of in-kind services and materials 
provided for the project by the non-Federal inter-
est.’’. 
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SEC. 5111. 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, the 
Secretary may carry out the project at a total cost of 
$130,000,000, with an estimated Federal cost of 
$85,000,000 and an estimated non-Federal cost of 
$45,000,000. 
SEC. 5112. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 
SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 
HABITAT RESTORATION, SOUTH DAKOTA. 
(a) DISBURSEMENT PROVISIONS OF THE STATE OF 
SOUTH DAKOTA
AND
THE CHEYENNE RIVER SIOUX 
TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES-
TRIAL
WILDLIFE
HABITAT
RESTORATION
TRUST 
FUNDS.—Section 602(a)(4) of the Water Resources De-
velopment Act of 1999 (113 Stat. 386) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i) by inserting ‘‘and the Sec-
retary of the Treasury’’ after ‘‘Secretary’’; and 
(B) by striking clause (ii) and inserting the 
following: 
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HR 1495 PCS
‘‘(ii) AVAILABILITY
OF
FUNDS.—On 
notification in accordance with clause (i), 
the Secretary of the Treasury shall make 
available to the State of South Dakota 
funds from the State of South Dakota Ter-
restrial Wildlife Habitat Restoration Trust 
Fund established under section 603, to be 
used to carry out the plan for terrestrial 
wildlife habitat restoration submitted by 
the State of South Dakota after the State 
certifies to the Secretary of the Treasury 
that the funds to be disbursed will be used 
in accordance with section 603(d)(3) and 
only after the Trust Fund is fully capital-
ized.’’; and 
(2) in subparagraph (B) by striking clause (ii) 
and inserting the following: 
‘‘(ii) AVAILABILITY
OF
FUNDS.—On 
notification in accordance with clause (i), 
the Secretary of the Treasury shall make 
available to the Cheyenne River Sioux 
Tribe and the Lower Brule Sioux Tribe 
funds from the Cheyenne River Sioux Ter-
restrial Wildlife Habitat Restoration Trust 
Fund and the Lower Brule Sioux Terres-
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HR 1495 PCS
trial Wildlife Habitat Restoration Trust 
Fund, respectively, established under sec-
tion 604, to be used to carry out the plans 
for terrestrial wildlife habitat restoration 
submitted by the Cheyenne River Sioux 
Tribe and the Lower Brule Sioux Tribe, 
respectively, to after the respective tribe 
certifies to the Secretary of the Treasury 
that the funds to be disbursed will be used 
in accordance with section 604(d)(3) and 
only after the Trust Fund is fully capital-
ized.’’. 
(b) INVESTMENT PROVISIONS
OF
THE STATE
OF 
SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION 
TRUST FUND.—Section 603 of the Water Resources De-
velopment Act of 1999 (113 Stat. 388; 114 Stat. 2664) 
is amended— 
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) INVESTMENTS.— 
‘‘(1) 
ELIGIBLE
OBLIGATIONS.—Notwith-
standing any other provision of law, the Secretary of 
the Treasury shall invest the amounts deposited 
under subsection (b) and the interest earned on 
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HR 1495 PCS
those amounts only in interest-bearing obligations of 
the United States issued directly to the Fund. 
‘‘(2) INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest the amounts in the Fund 
in accordance with the requirements of this 
paragraph. 
‘‘(B) SEPARATE
INVESTMENTS
OF
PRIN-
CIPAL AND INTEREST.— 
‘‘(i) 
PRINCIPAL
ACCOUNT.—The 
amounts deposited in the Fund under sub-
section (b) shall be credited to an account 
within the Fund (referred to in this para-
graph as the ‘principal account’) and in-
vested as provided in subparagraph (C). 
‘‘(ii) INTEREST ACCOUNT.—The inter-
est earned from investing amounts in the 
principal account of the Fund shall be 
transferred to a separate account within 
the Fund (referred to in this paragraph as 
the ‘interest account’) and invested as pro-
vided in subparagraph (D). 
‘‘(iii) 
CREDITING.—The 
interest 
earned from investing amounts in the in-
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337 
HR 1495 PCS
terest account of the Fund shall be cred-
ited to the interest account. 
‘‘(C) INVESTMENT
OF
PRINCIPAL
AC-
COUNT.— 
‘‘(i) 
INITIAL
INVESTMENT.—Each 
amount deposited in the principal account 
of the Fund shall be invested initially in el-
igible obligations having the shortest matu-
rity then available until the date on which 
the amount is divided into 3 substantially 
equal portions and those portions are in-
vested in eligible obligations that are iden-
tical (except for transferability) to the 
next-issued publicly issued Treasury obli-
gations having a 2-year maturity, a 5-year 
maturity, and a 10-year maturity, respec-
tively. 
‘‘(ii) SUBSEQUENT INVESTMENT.—As 
each 2-year, 5-year, and 10-year eligible 
obligation matures, the principal of the 
maturing eligible obligation shall also be 
invested initially in the shortest-maturity 
eligible obligation then available until the 
principal is reinvested substantially equally 
in the eligible obligations that are identical 
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HR 1495 PCS
(except for transferability) to the next- 
issued publicly issued Treasury obligations 
having 2-year, 5-year, and 10-year matu-
rities. 
‘‘(iii) DISCONTINUANCE OF ISSUANCE 
OF OBLIGATIONS.—If the Department of 
the Treasury discontinues issuing to the 
public obligations having 2-year, 5-year, or 
10-year maturities, the principal of any 
maturing eligible obligation shall be rein-
vested substantially equally in eligible obli-
gations that are identical (except for trans-
ferability) to the next-issued publicly 
issued Treasury obligations of the matu-
rities longer than 1 year then available. 
‘‘(D) INVESTMENT
OF
INTEREST
AC-
COUNT.— 
‘‘(i) 
BEFORE
FULL
CAPITALIZA-
TION.—Until the date on which the Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested in el-
igible obligations that are identical (except 
for transferability) to publicly issued 
Treasury obligations that have maturities 
that coincide, to the maximum extent prac-
VerDate Aug 31 2005 
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339 
HR 1495 PCS
ticable, with the date on which the Fund 
is expected to be fully capitalized. 
‘‘(ii) AFTER FULL CAPITALIZATION.— 
On and after the date on which the Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested and 
reinvested in eligible obligations having the 
shortest maturity then available until the 
amounts are withdrawn and transferred to 
fund the activities authorized under sub-
section (d)(3). 
‘‘(E) PAR PURCHASE PRICE.—The price to 
be paid for eligible obligations purchased as in-
vestments of the principal account shall not ex-
ceed the par value of the obligations so that the 
amount of the principal account shall be pre-
served in perpetuity. 
‘‘(F) HIGHEST YIELD.—Among eligible ob-
ligations having the same maturity and pur-
chase price, the obligation to be purchased shall 
be the obligation having the highest yield. 
‘‘(G) HOLDING
TO
MATURITY.—Eligible 
obligations purchased shall generally be held to 
their maturities. 
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HR 1495 PCS
‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI-
TIES.—Not less frequently than once each calendar 
year, the Secretary of the Treasury shall review with 
the State of South Dakota the results of the invest-
ment activities and financial status of the Fund dur-
ing the preceding 12-month period. 
‘‘(4) AUDITS.— 
‘‘(A) IN GENERAL.—The activities of the 
State of South Dakota (referred to in this sub-
section as the ‘State’) in carrying out the plan 
of the State for terrestrial wildlife habitat res-
toration under section 602(a) shall be audited 
as part of the annual audit that the State is re-
quired to prepare under the Office of Manage-
ment and Budget Circular A–133 (or a suc-
cessor circulation). 
‘‘(B) DETERMINATION BY AUDITORS.—An 
auditor that conducts an audit under subpara-
graph (A) shall— 
‘‘(i) determine whether funds received 
by the State under this section during the 
period covered by the audit were used to 
carry out the plan of the State in accord-
ance with this section; and 
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341 
HR 1495 PCS
‘‘(ii) include the determination under 
clause (i) in the written findings of the 
audit. 
‘‘(5) MODIFICATION OF INVESTMENT REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—If the Secretary of the 
Treasury determines that meeting the require-
ments under paragraph (2) with respect to the 
investment of a Fund is not practicable, or 
would result in adverse consequences for the 
Fund, the Secretary shall modify the require-
ments, as the Secretary determines to be nec-
essary. 
‘‘(B) CONSULTATION.—Before modifying a 
requirement under subparagraph (A), the Sec-
retary of the Treasury shall consult with the 
State regarding the proposed modification.’’; 
(2) in subsection (d)(2) by inserting ‘‘of the 
Treasury’’ after ‘‘Secretary’’; and 
(3) by striking subsection (f) and inserting the 
following: 
‘‘(f) ADMINISTRATIVE EXPENSES.—There are au-
thorized to be appropriated to the Secretary of the Treas-
ury to pay expenses associated with investing the Fund 
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342 
HR 1495 PCS
and auditing the uses of amounts withdrawn from the 
Fund— 
‘‘(1) $500,000 for each of fiscal years 2006 and 
2007; and 
‘‘(2) such sums as are necessary for each subse-
quent fiscal year.’’. 
(c) INVESTMENT PROVISIONS FOR THE CHEYENNE 
RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE 
TRUST FUNDS.—Section 604 of the Water Resources De-
velopment Act of 1999 (113 Stat. 389; 114 Stat. 2665) 
is amended— 
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) INVESTMENTS.— 
‘‘(1) 
ELIGIBLE
OBLIGATIONS.—Notwith-
standing any other provision of law, the Secretary of 
the Treasury shall invest the amounts deposited 
under subsection (b) and the interest earned on 
those amounts only in interest-bearing obligations of 
the United States issued directly to the Funds. 
‘‘(2) INVESTMENT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest the amounts in each of 
the Funds in accordance with the requirements 
of this paragraph. 
VerDate Aug 31 2005 
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343 
HR 1495 PCS
‘‘(B) SEPARATE
INVESTMENTS
OF
PRIN-
CIPAL AND INTEREST.— 
‘‘(i) 
PRINCIPAL
ACCOUNT.—The 
amounts deposited in each Fund under 
subsection (b) shall be credited to an ac-
count within the Fund (referred to in this 
paragraph as the ‘principal account’) and 
invested as provided in subparagraph (C). 
‘‘(ii) INTEREST ACCOUNT.—The inter-
est earned from investing amounts in the 
principal account of each Fund shall be 
transferred to a separate account within 
the Fund (referred to in this paragraph as 
the ‘interest account’) and invested as pro-
vided in subparagraph (D). 
‘‘(iii) 
CREDITING.—The 
interest 
earned from investing amounts in the in-
terest account of each Fund shall be cred-
ited to the interest account. 
‘‘(C) INVESTMENT
OF
PRINCIPAL
AC-
COUNT.— 
‘‘(i) 
INITIAL
INVESTMENT.—Each 
amount deposited in the principal account 
of each Fund shall be invested initially in 
eligible obligations having the shortest ma-
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344 
HR 1495 PCS
turity then available until the date on 
which the amount is divided into 3 sub-
stantially equal portions and those portions 
are invested in eligible obligations that are 
identical (except for transferability) to the 
next-issued publicly issued Treasury obli-
gations having a 2-year maturity, a 5-year 
maturity, and a 10-year maturity, respec-
tively. 
‘‘(ii) SUBSEQUENT INVESTMENT.—As 
each 2-year, 5-year, and 10-year eligible 
obligation matures, the principal of the 
maturing eligible obligation shall also be 
invested initially in the shortest-maturity 
eligible obligation then available until the 
principal is reinvested substantially equally 
in the eligible obligations that are identical 
(except for transferability) to the next- 
issued publicly issued Treasury obligations 
having 2-year, 5-year, and 10-year matu-
rities. 
‘‘(iii) DISCONTINUATION OF ISSUANCE 
OF OBLIGATIONS.—If the Department of 
the Treasury discontinues issuing to the 
public obligations having 2-year, 5-year, or 
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345 
HR 1495 PCS
10-year maturities, the principal of any 
maturing eligible obligation shall be rein-
vested substantially equally in eligible obli-
gations that are identical (except for trans-
ferability) to the next-issued publicly 
issued Treasury obligations of the matu-
rities longer than 1 year then available. 
‘‘(D) INVESTMENT OF THE INTEREST AC-
COUNT.— 
‘‘(i) 
BEFORE
FULL
CAPITALIZA-
TION.—Until the date on which each Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested in el-
igible obligations that are identical (except 
for transferability) to publicly issued 
Treasury obligations that have maturities 
that coincide, to the maximum extent prac-
ticable, with the date on which the Fund 
is expected to be fully capitalized. 
‘‘(ii) AFTER FULL CAPITALIZATION.— 
On and after the date on which each Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested and 
reinvested in eligible obligations having the 
shortest maturity then available until the 
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346 
HR 1495 PCS
amounts are withdrawn and transferred to 
fund the activities authorized under sub-
section (d)(3). 
‘‘(E) PAR PURCHASE PRICE.—The price to 
be paid for eligible obligations purchased as in-
vestments of the principal account shall not ex-
ceed the par value of the obligations so that the 
amount of the principal account shall be pre-
served in perpetuity. 
‘‘(F) HIGHEST YIELD.—Among eligible ob-
ligations having the same maturity and pur-
chase price, the obligation to be purchased shall 
be the obligation having the highest yield. 
‘‘(G) HOLDING
TO
MATURITY.—Eligible 
obligations purchased shall generally be held to 
their maturities. 
‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI-
TIES.—Not less frequently than once each calendar 
year, the Secretary of the Treasury shall review with 
the Cheyenne River Sioux Tribe and the Lower 
Brule Sioux Tribe (referred to in this subsection as 
the ‘Tribes’) the results of the investment activities 
and financial status of the Funds during the pre-
ceding 12-month period. 
‘‘(4) AUDITS.— 
VerDate Aug 31 2005 
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347 
HR 1495 PCS
‘‘(A) IN GENERAL.—The activities of the 
Tribes in carrying out the plans of the Tribes 
for terrestrial wildlife habitat restoration under 
section 602(a) shall be audited as part of the 
annual audit that the Tribes are required to 
prepare under the Office of Management and 
Budget Circular A–133 (or a successor circula-
tion). 
‘‘(B) DETERMINATION BY AUDITORS.—An 
auditor that conducts an audit under subpara-
graph (A) shall— 
‘‘(i) determine whether funds received 
by the Tribes under this section during the 
period covered by the audit were used to 
carry out the plan of the appropriate Tribe 
in accordance with this section; and 
‘‘(ii) include the determination under 
clause (i) in the written findings of the 
audit. 
‘‘(5) MODIFICATION OF INVESTMENT REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—If the Secretary of the 
Treasury determines that meeting the require-
ments under paragraph (2) with respect to the 
investment of a Fund is not practicable, or 
VerDate Aug 31 2005 
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348 
HR 1495 PCS
would result in adverse consequences for the 
Fund, the Secretary shall modify the require-
ments, as the Secretary determines to be nec-
essary. 
‘‘(B) CONSULTATION.—Before modifying a 
requirement under subparagraph (A), the Sec-
retary of the Treasury shall consult with the 
Tribes regarding the proposed modification.’’; 
and 
(2) by striking subsection (f) and inserting the 
following: 
‘‘(f) ADMINISTRATIVE EXPENSES.—There are au-
thorized to be appropriated to the Secretary of the Treas-
ury to pay expenses associated with investing the Funds 
and auditing the uses of amounts withdrawn from the 
Funds— 
‘‘(1) $500,000 for each of fiscal years 2006 and 
2007; and 
‘‘(2) such sums as are necessary for each subse-
quent fiscal year.’’. 
SEC. 5113. EAST TENNESSEE. 
(a) EAST TENNESSEE DEFINED.—In this section, 
the term ‘‘East Tennessee’’ means the counties of Blount, 
Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee. 
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HR 1495 PCS
(b) ESTABLISHMENT OF PROGRAM.—The Secretary 
may establish a program to provide environmental assist-
ance to non-Federal interests in East Tennessee. 
(c) FORM OF ASSISTANCE.—Assistance under this 
section may be in the form of design and construction as-
sistance for water-related environmental infrastructure 
and resource protection and development projects in East 
Tennessee, including projects for wastewater treatment 
and related facilities, water supply and related facilities, 
environmental restoration, and surface water resource pro-
tection and development. 
(d) OWNERSHIP REQUIREMENT.—The Secretary may 
provide assistance for a project under this section only if 
the project is publicly owned. 
(e) PARTNERSHIP AGREEMENTS.— 
(1) IN GENERAL.—Before providing assistance 
under this section, the Secretary shall enter into a 
partnership agreement with a non-Federal interest 
to provide for design and construction of the project 
to be carried out with the assistance. 
(2) REQUIREMENTS.—Each partnership agree-
ment entered into under this subsection shall provide 
for the following: 
(A) PLAN.—Development by the Secretary, 
in consultation with appropriate Federal and 
VerDate Aug 31 2005 
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