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‘‘(2) FINANCIAL
ASSISTANCE.—Under the co-
operation agreement, the Secretary may provide as-
sistance for implementation of wetland restoration
projects and soil and water conservation measures.’’;
and
(2) by striking subsection (d) and inserting the
following:
‘‘(d) IMPLEMENTATION OF STRATEGY.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out the development, demonstration, and implementa-
tion of the strategy under this section in cooperation
with local landowners, local government officials, and
land trusts.
‘‘(2) GOALS OF PROJECTS.—Projects to imple-
ment the strategy under this subsection shall be de-
signed to take advantage of ongoing or planned ac-
tions by other agencies, local municipalities, or non-
profit, nongovernmental organizations with expertise
in wetland restoration that would increase the effec-
tiveness or decrease the overall cost of implementing
recommended projects.’’.
SEC. 3106. NARRAGANSETT BAY, RHODE ISLAND.
The Secretary may use amounts in the Environmental
Restoration Account, Formerly Used Defense Sites, under
section 2703(a)(5) of title 10, United States Code, for the
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removal of abandoned marine camels at any Formerly Used
Defense Site under the jurisdiction of the Department of
Defense that is undergoing (or is scheduled to undergo) en-
vironmental remediation under chapter 160 of title 10,
United States Code (and other provisions of law), in Narra-
gansett Bay, Rhode Island, in accordance with the Corps
of Engineers prioritization process under the Formerly
Used Defense Sites program.
SEC. 3107. SOUTH CAROLINA DEPARTMENT OF COMMERCE
DEVELOPMENT PROPOSAL AT RICHARD B.
RUSSELL LAKE, SOUTH CAROLINA.
(a) IN GENERAL.—The Secretary shall convey to the
State of South Carolina, by quitclaim deed, all right, title,
and interest of the United States in and to the parcels of
land described in subsection (b)(1) that are managed, as
of the date of enactment of this Act, by the South Carolina
Department of Commerce for public recreation purposes for
the Richard B. Russell Dam and Lake, South Carolina,
project authorized by section 203 of the Flood Control Act
of 1966 (80 Stat. 1420).
(b) LAND DESCRIPTION.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), the parcels of land referred to in subsection (a)
are the parcels contained in the portion of land de-
scribed in Army Lease Number DACW21–1–92–0500.
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(2) RETENTION
OF
INTERESTS.—The United
States shall retain—
(A) ownership of all land included in the
lease referred to in paragraph (1) that would
have been acquired for operational purposes in
accordance with the 1971 implementation of the
1962 Army/Interior Joint Acquisition Policy;
and
(B) such other land as is determined by the
Secretary to be required for authorized project
purposes, including easement rights-of-way to re-
maining Federal land.
(3) SURVEY.—The exact acreage and legal de-
scription of the land described in paragraph (1) shall
be determined by a survey satisfactory to the Sec-
retary, with the cost of the survey to be paid by the
State.
(c) GENERAL PROVISIONS.—
(1) APPLICABILITY
OF
PROPERTY
SCREENING
PROVISIONS.—Section 2696 of title 10, United States
Code, shall not apply to the conveyance under this
section.
(2) ADDITIONAL TERMS AND CONDITIONS.—The
Secretary may require that the conveyance under this
section be subject to such additional terms and condi-
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tions as the Secretary considers appropriate to protect
the interests of the United States.
(3) COSTS OF CONVEYANCE.—
(A) IN GENERAL.—The State shall be re-
sponsible for all costs, including real estate
transaction and environmental compliance costs,
associated with the conveyance under this sec-
tion.
(B) FORM
OF
CONTRIBUTION.—As deter-
mined appropriate by the Secretary, in lieu of
payment of compensation to the United States
under subparagraph (A), the State may perform
certain environmental or real estate actions asso-
ciated with the conveyance under this section if
those actions are performed in close coordination
with, and to the satisfaction of, the United
States.
(4) LIABILITY.—The State shall hold the United
States harmless from any liability with respect to ac-
tivities carried out, on or after the date of the convey-
ance, on the real property conveyed under this sec-
tion.
(d) ADDITIONAL TERMS AND CONDITIONS.—
(1) IN GENERAL.—The State shall pay fair mar-
ket value consideration, as determined by the United
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States, for any land included in the conveyance under
this section.
(2) NO EFFECT ON SHORE MANAGEMENT POL-
ICY.—The Shoreline Management Policy (ER–1130–
2–406) of the Corps of Engineers shall not be changed
or altered for any proposed development of land con-
veyed under this section.
(3) FEDERAL STATUTES.—The conveyance under
this section shall be subject to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
(including public review under that Act) and other
Federal statutes.
(4) COST SHARING.—In carrying out the convey-
ance under this section, the Secretary and the State
shall comply with all obligations of any cost sharing
agreement between the Secretary and the State in ef-
fect as of the date of the conveyance.
(5) LAND NOT CONVEYED.—The State shall con-
tinue to manage the land not conveyed under this sec-
tion in accordance with the terms and conditions of
Army Lease Number DACW21–1–92–0500.
SEC. 3108. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.
(a) MEMBERSHIP.—Section 904(b)(1)(B) of the Water
Resources Development Act of 2000 (114 Stat. 2708) is
amended—
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(1) in clause (vii), by striking ‘‘and’’ at the end;
(2) by redesignating clause (viii) as clause (ix);
and
(3) by inserting after clause (vii) the following:
‘‘(viii) rural water systems; and’’.
(b) REAUTHORIZATION.—Section 907(a) of the Water
Resources Development Act of 2000 (114 Stat. 2712) is
amended in the first sentence by striking ‘‘2005’’ and in-
serting ‘‘2010’’.
SEC. 3109. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN-
HANCEMENT PROJECT.
Section 514 of the Water Resources Development Act
of 1999 (113 Stat. 343; 117 Stat. 142) is amended—
(1) by redesignating subsections (f) and (g) as
subsections (h) and (i), respectively;
(2) in subsection (h) (as redesignated by para-
graph (1)), by striking paragraph (1) and inserting
the following:
‘‘(1) NON-FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The non-Federal share
of the cost of projects may be provided—
‘‘(i) in cash;
‘‘(ii) by the provision of land, ease-
ments, rights-of-way, relocations, or dis-
posal areas;
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‘‘(iii) by in-kind services to implement
the project; or
‘‘(iv) by any combination of the fore-
going.
‘‘(B) PRIVATE
OWNERSHIP.—Land needed
for a project under this authority may remain in
private ownership subject to easements that
are—
‘‘(i) satisfactory to the Secretary; and
‘‘(ii) necessary to assure achievement of
the project purposes.’’;
(3) in subsection (i) (as redesignated by para-
graph (1)), by striking ‘‘for the period of fiscal years
2000 and 2001.’’ and inserting ‘‘per year, and that
authority shall extend until Federal fiscal year
2011.’’; and
(4) by inserting after subsection (e) the following:
‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section
221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b(b)), for any project undertaken under this section, a non-
Federal interest may include a regional or national non-
profit entity with the consent of the affected local govern-
ment.
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‘‘(g) COST LIMITATION.—Not more than $5,000,000 in
Federal funds may be allotted under this section for a
project at any single locality.’’
SEC. 3110. NONCONNAH WEIR, MEMPHIS, TENNESSEE.
The project for flood control, Nonconnah Creek, Ten-
nessee and Mississippi, authorized by section 401 of the
Water Resources Development Act of 1986 (100 Stat. 4124)
and modified by the section 334 of the Water Resources De-
velopment Act of 2000 (114 Stat. 2611), is modified to au-
thorize the Secretary—
(1) to reconstruct, at full Federal expense, the
weir originally constructed in the vicinity of the
mouth of Nonconnah Creek; and
(2) to make repairs and maintain the weir in
the future so that the weir functions properly.
SEC. 3111. OLD HICKORY LOCK AND DAM, CUMBERLAND
RIVER, TENNESSEE.
(a) RELEASE OF RETAINED RIGHTS, INTERESTS, RES-
ERVATIONS.—With respect to land conveyed by the Sec-
retary to the Tennessee Society of Crippled Children and
Adults, Incorporated (commonly known as ‘‘Easter Seals
Tennessee’’) at Old Hickory Lock and Dam, Cumberland
River, Tennessee, under section 211 of the Flood Control
Act of 1965 (79 Stat. 1087), the reversionary interests and
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the use restrictions relating to recreation and camping pur-
poses are extinguished.
(b) INSTRUMENT
OF RELEASE.—As soon as prac-
ticable after the date of enactment of this Act, the Secretary
shall execute and file in the appropriate office a deed of
release, amended deed, or other appropriate instrument ef-
fectuating the release of interests required by subsection (a).
(c) NO EFFECT ON OTHER RIGHTS.—Nothing in this
section affects any remaining right or interest of the Corps
of Engineers with respect to an authorized purpose of any
project.
SEC. 3112. SANDY CREEK, JACKSON COUNTY, TENNESSEE.
(a) IN GENERAL.—The Secretary may carry out a
project for flood damage reduction under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy Creek,
Jackson County, Tennessee, if the Secretary determines that
the project is technically sound, environmentally acceptable,
and economically justified.
(b) RELATIONSHIP
TO WEST TENNESSEE TRIBU-
TARIES PROJECT, TENNESSEE.—Consistent with the report
of the Chief of Engineers dated March 24, 1948, on the West
Tennessee Tributaries project—
(1) Sandy Creek shall not be considered to be an
authorized channel of the West Tennessee Tributaries
Project; and
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(2) the Sandy Creek flood damage reduction
project shall not be considered to be part of the West
Tennessee Tributaries Project.
SEC. 3113. CEDAR BAYOU, TEXAS.
Section 349(a)(2) of the Water Resources Development
Act of 2000 (114 Stat. 2632) is amended by striking ‘‘except
that the project is authorized only for construction of a
navigation channel 12 feet deep by 125 feet wide’’ and in-
serting ‘‘except that the project is authorized for construc-
tion of a navigation channel that is 10 feet deep by 100
feet wide’’.
SEC. 3114. DENISON, TEXAS.
(a) IN GENERAL.—The Secretary shall offer to convey
at fair market value to the city of Denison, Texas (or a
designee of the city), all right, title, and interest of the
United States in and to the approximately 900 acres of
land located in Grayson County, Texas, which is currently
subject to an Application for Lease for Public Park and
Recreational Purposes made by the city of Denison, dated
August 17, 2005.
(b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The
exact acreage and description of the real property referred
to in subsection (a) shall be determined by a survey paid
for by the city of Denison, Texas (or a designee of the city),
that is satisfactory to the Secretary.
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(c) CONVEYANCE.—On acceptance by the city of
Denison, Texas (or a designee of the city), of an offer under
subsection (a), the Secretary may immediately convey the
land surveyed under subsection (b) by quitclaim deed to the
city of Denison, Texas (or a designee of the city).
SEC. 3115. CENTRAL CITY, FORT WORTH, TEXAS.
For the purposes of achieving efficiencies, enhanced
benefits, and complementary implementation, as compared
with construction of the projects separately, the project for
flood control and other purposes authorized by section 116
of division C of title I of the Consolidated Appropriations
Act, 2005 (Public Law 108–447; 118 Stat. 2944), is modi-
fied to include the project for ecosystem restoration, as gen-
erally defined in the report of the report of the Chief of En-
gineers entitled ‘‘Riverside Oxbow, Fort Worth, Texas’’ and
dated May 29, 2003, at a total cost of $247,110,000, with
an estimated Federal cost of $121,210,000 and a non-Fed-
eral cost of $125,900,000.
SEC. 3116. FREEPORT HARBOR, TEXAS.
(a) IN GENERAL.—The project for navigation, Free-
port Harbor, Texas, authorized by section 101 of the River
and Harbor Act of 1970 (84 Stat. 1818), is modified to
provide that—
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(1) all project costs incurred as a result of the
discovery of the sunken vessel COMSTOCK of the
Corps of Engineers are a Federal responsibility; and
(2) the Secretary shall not seek further obligation
or responsibility for removal of the vessel COM-
STOCK, or costs associated with a delay due to the
discovery of the sunken vessel COMSTOCK, from the
Port of Freeport.
(b) COST SHARING.—This section does not affect the
authorized cost sharing for the balance of the project de-
scribed in subsection (a).
SEC. 3117. HARRIS COUNTY, TEXAS.
Section 575(b) of the Water Resources Development Act
of 1996 (110 Stat. 3789; 113 Stat. 311) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding the following:
‘‘(5) the project for flood control, Upper White
Oak Bayou, Texas, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat.
4125).’’.
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SEC. 3118. CONNECTICUT RIVER RESTORATION, VERMONT.
Notwithstanding section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d–5b), with respect to the study
entitled ‘‘Connecticut River Restoration Authority’’, dated
May 23, 2001, a nonprofit entity may act as the non-Fed-
eral interest for purposes of carrying out the activities de-
scribed in the agreement executed between The Nature Con-
servancy and the Department of the Army on August 5,
2005.
SEC. 3119. DAM REMEDIATION, VERMONT.
Section 543 of the Water Resources Development Act
of 2000 (114 Stat. 2673) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) may carry out measures to restore, protect,
and preserve an ecosystem affected by a dam de-
scribed in subsection (b).’’; and
(2) in subsection (b), by adding at the end the
following:
‘‘(11) Camp Wapanacki, Hardwick.
‘‘(12) Star Lake Dam, Mt. Holly.
‘‘(13) Curtis Pond, Calais.
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‘‘(14) Weathersfield Reservoir, Springfield.
‘‘(15) Burr Pond, Sudbury.
‘‘(16) Maidstone Lake, Guildhall.
‘‘(17) Upper and Lower Hurricane Dam.
‘‘(18) Lake Fairlee.
‘‘(19) West Charleston Dam.’’.
SEC. 3120. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER
CHESTNUT, AND OTHER NONNATIVE PLANT
CONTROL, VERMONT.
Under authority of section 104 of the River and Har-
bor Act of 1958 (33 U.S.C. 610), the Secretary shall revise
the existing General Design Memorandum to permit the use
of chemical means of control, when appropriate, of Eur-
asian milfoil, water chestnuts, and other nonnative plants
in the Lake Champlain basin, Vermont.
SEC. 3121. UPPER CONNECTICUT RIVER BASIN WETLAND
RESTORATION, VERMONT AND NEW HAMP-
SHIRE.
(a) IN GENERAL.—The Secretary, in cooperation with
the States of Vermont and New Hampshire, shall carry out
a study and develop a strategy for the use of wetland res-
toration, soil and water conservation practices, and non-
structural measures to reduce flood damage, improve water
quality, and create wildlife habitat in the Upper Con-
necticut River watershed.
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(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the
cost of the study and development of the strategy
under subsection (a) shall be 65 percent.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of the study and development of the
strategy may be provided through the contribution of
in-kind services and materials.
(c) NON-FEDERAL INTEREST.—A nonprofit organiza-
tion with wetland restoration experience may serve as the
non-Federal interest for the study and development of the
strategy under this section.
(d) COOPERATIVE AGREEMENTS.—In conducting the
study and developing the strategy under this section, the
Secretary may enter into 1 or more cooperative agreements
to provide technical assistance to appropriate Federal,
State, and local agencies and nonprofit organizations with
wetland restoration experience, including assistance for the
implementation of wetland restoration projects and soil and
water conservation measures.
(e) IMPLEMENTATION.—The Secretary shall carry out
development and implementation of the strategy under this
section in cooperation with local landowners and local gov-
ernment officials.
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(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000, to remain available until expended.
SEC. 3122. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM
RESTORATION, VERMONT AND NEW HAMP-
SHIRE.
(a) GENERAL MANAGEMENT PLAN DEVELOPMENT.—
(1) IN GENERAL.—The Secretary, in cooperation
with the Secretary of Agriculture and in consultation
with the States of Vermont and New Hampshire and
the Connecticut River Joint Commission, shall con-
duct a study and develop a general management plan
for ecosystem restoration of the Upper Connecticut
River ecosystem for the purposes of—
(A) habitat protection and restoration;
(B) streambank stabilization;
(C) restoration of stream stability;
(D) water quality improvement;
(E) invasive species control;
(F) wetland restoration;
(G) fish passage; and
(H) natural flow restoration.
(2) EXISTING PLANS.—In developing the general
management plan, the Secretary shall depend heavily
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on existing plans for the restoration of the Upper
Connecticut River.
(b) CRITICAL RESTORATION PROJECTS.—
(1) IN GENERAL.—The Secretary may partici-
pate in any critical restoration project in the Upper
Connecticut River Basin in accordance with the gen-
eral management plan developed under subsection (a).
(2) ELIGIBLE PROJECTS.—A critical restoration
project shall be eligible for assistance under this sec-
tion if the project—
(A) meets the purposes described in the gen-
eral management plan developed under sub-
section (a); and
(B) with respect to the Upper Connecticut
River and Upper Connecticut River watershed,
consists of—
(i) bank stabilization of the main stem,
tributaries, and streams;
(ii) wetland restoration and migratory
bird habitat restoration;
(iii) soil and water conservation;
(iv) restoration of natural flows;
(v) restoration of stream stability;
(vi) implementation of an intergovern-
mental agreement for coordinating eco-
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system restoration, fish passage installation,
streambank stabilization, wetland restora-
tion, habitat protection and restoration, or
natural flow restoration;
(vii) water quality improvement;
(viii) invasive species control;
(ix) wetland restoration and migratory
bird habitat restoration;
(x) improvements in fish migration;
and
(xi) conduct of any other project or ac-
tivity determined to be appropriate by the
Secretary.
(c) COST SHARING.—The Federal share of the cost of
any project carried out under this section shall not be less
than 65 percent.
(d) NON-FEDERAL INTEREST.—A nonprofit organiza-
tion may serve as the non-Federal interest for a project car-
ried out under this section.
(e) CREDITING.—
(1) FOR
WORK.—The Secretary shall provide
credit, including credit for in-kind contributions of
up to 100 percent of the non-Federal share, for work
(including design work and materials) if the Sec-
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retary determines that the work performed by the
non-Federal interest is integral to the product.
(2) FOR OTHER CONTRIBUTIONS.—The non-Fed-
eral interest shall receive credit for land, easements,
rights-of-way, dredged material disposal areas, and
relocations necessary to implement the projects.
(f) COOPERATIVE AGREEMENTS.—In carrying out this
section, the Secretary may enter into 1 or more cooperative
agreements to provide financial assistance to appropriate
Federal, State, or local governments or nonprofit agencies,
including assistance for the implementation of projects to
be carried out under subsection (b).
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000, to remain available until expended.
SEC. 3123. LAKE CHAMPLAIN WATERSHED, VERMONT AND
NEW YORK.
Section 542 of the Water Resources Development Act
of 2000 (114 Stat. 2671) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (D), by striking ‘‘or’’
at the end;
(B) by redesignating subparagraph (E) as
subparagraph (G); and
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(C) by inserting after subparagraph (D) the
following:
‘‘(E) river corridor assessment, protection,
management, and restoration for the purposes of
ecosystem restoration;
‘‘(F) geographic mapping conducted by the
Secretary using existing technical capacity to
produce a high-resolution, multispectral satellite
imagery-based land use and cover data set; or’’;
(2) in subsection (e)(2)—
(A) in subparagraph (A)—
(i) by striking ‘‘The non-Federal’’ and
inserting the following:
‘‘(i) IN GENERAL.—The non-Federal’’;
and
(ii) by adding at the end the following:
‘‘(ii) APPROVAL
OF
DISTRICT
ENGI-
NEER.—Approval of credit for design work
of less than $100,000 shall be determined by
the appropriate district engineer.’’; and
(B) in subparagraph (C), by striking ‘‘up to
50 percent of’’; and
(3) in subsection (g), by striking ‘‘$20,000,000’’
and inserting ‘‘$32,000,000’’.
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SEC. 3124. CHESAPEAKE BAY OYSTER RESTORATION, VIR-
GINIA AND MARYLAND.
Section 704(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2263(b)) is amended—
(1) by redesignating paragraph (2) as para-
graph (4);
(2) in paragraph (1)—
(A) in the second sentence, by striking
‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’; and
(B) in the third sentence, by striking ‘‘Such
projects’’ and inserting the following:
‘‘(2) INCLUSIONS.—Such projects’’;
(3) by striking paragraph (2)(D) (as redesig-
nated by paragraph (2)(B)) and inserting the fol-
lowing:
‘‘(D) the restoration and rehabilitation of
habitat for fish, including native oysters, in the
Chesapeake Bay and its tributaries in Virginia
and Maryland, including—
‘‘(i) the construction of oyster bars and
reefs;
‘‘(ii) the rehabilitation of existing mar-
ginal habitat;
‘‘(iii) the use of appropriate alter-
native substrate material in oyster bar and
reef construction;
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‘‘(iv) the construction and upgrading
of oyster hatcheries; and
‘‘(v) activities relating to increasing
the output of native oyster broodstock for
seeding and monitoring of restored sites to
ensure ecological success.
‘‘(3) RESTORATION AND REHABILITATION ACTIVI-
TIES.—The restoration and rehabilitation activities
described in paragraph (2)(D) shall be—
‘‘(A) for the purpose of establishing perma-
nent sanctuaries and harvest management areas;
and
‘‘(B) consistent with plans and strategies
for guiding the restoration of the Chesapeake
Bay oyster resource and fishery.’’; and
(4) by adding at the end the following:
‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.—In
this subsection, the term ‘ecological success’ means—
‘‘(A) achieving a tenfold increase in native
oyster biomass by the year 2010, from a 1994
baseline; and
‘‘(B) the establishment of a sustainable fish-
ery as determined by a broad scientific and eco-
nomic consensus.’’.
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SEC. 3125. JAMES RIVER, VIRGINIA.
The Secretary shall accept funds from the National
Park Service to provide technical and project management
assistance for the James River, Virginia, with a particular
emphasis on locations along the shoreline adversely im-
pacted by Hurricane Isabel.
SEC. 3126. TANGIER ISLAND SEAWALL, VIRGINIA.
Section 577(a) of the Water Resources Development
Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at
a total cost of $1,200,000, with an estimated Federal cost
of $900,000 and an estimated non-Federal cost of
$300,000.’’ and inserting ‘‘at a total cost of $3,000,000,
with an estimated Federal cost of $2,400,000 and an esti-
mated non-Federal cost of $600,000.’’.
SEC. 3127. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM
COUNTY, WASHINGTON.
(a) IN GENERAL.—The Lower Columbia River levees
and bank protection works authorized by section 204 of the
Flood Control Act of 1950 (64 Stat. 178) is modified with
regard to the Wahkiakum County diking districts No. 1 and
3, but without regard to any cost ceiling authorized before
the date of enactment of this Act, to direct the Secretary
to provide a 1-time placement of dredged material along
portions of the Columbia River shoreline of Puget Island,
Washington, between river miles 38 to 47, and the shoreline
of Westport Beach, Clatsop County, Oregon, between river
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miles 43 to 45, to protect economic and environmental re-
sources in the area from further erosion.
(b) COORDINATION
AND COST SHARING REQUIRE-
MENTS.—The Secretary shall carry out subsection (a)—
(1) in coordination with appropriate resource
agencies;
(2) in accordance with all applicable Federal
law (including regulations); and
(3) at full Federal expense.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,000,000.
SEC. 3128. LOWER GRANITE POOL, WASHINGTON.
(a) EXTINGUISHMENT OF REVERSIONARY INTERESTS
AND USE RESTRICTIONS.—With respect to property covered
by each deed described in subsection (b)—
(1) the reversionary interests and use restrictions
relating to port or industrial purposes are extin-
guished;
(2) the human habitation or other building
structure use restriction is extinguished in each area
in which the elevation is above the standard project
flood elevation; and
(3) the use of fill material to raise low areas
above the standard project flood elevation is author-
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ized, except in any low area constituting wetland for
which a permit under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) would
be required for the use of fill material.
(b) DEEDS.—The deeds referred to in subsection (a)
are as follows:
(1) Auditor’s File Numbers 432576, 443411,
499988, and 579771 of Whitman County, Wash-
ington.
(2) Auditor’s File Numbers 125806, 138801,
147888, 154511, 156928, and 176360 of Asotin Coun-
ty, Washington.
(c) NO EFFECT ON OTHER RIGHTS.—Nothing in this
section affects any remaining rights and interests of the
Corps of Engineers for authorized project purposes in or
to property covered by a deed described in subsection (b).
SEC. 3129. MCNARY LOCK AND DAM, MCNARY NATIONAL
WILDLIFE REFUGE, WASHINGTON AND IDAHO.
(a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
Administrative jurisdiction over the land acquired for the
McNary Lock and Dam Project and managed by the United
States Fish and Wildlife Service under Cooperative Agree-
ment Number DACW68–4–00–13 with the Corps of Engi-
neers, Walla Walla District, is transferred from the Sec-
retary to the Secretary of the Interior.
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(b) EASEMENTS.—The transfer of administrative ju-
risdiction under subsection (a) shall be subject to easements
in existence as of the date of enactment of this Act on land
subject to the transfer.
(c) RIGHTS OF SECRETARY.—
(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall retain rights described
in paragraph (2) with respect to the land for which
administrative jurisdiction is transferred under sub-
section (a).
(2) RIGHTS.—The rights of the Secretary re-
ferred to in paragraph (1) are the rights—
(A) to flood land described in subsection (a)
to the standard project flood elevation;
(B) to manipulate the level of the McNary
Project Pool;
(C) to access such land described in sub-
section (a) as may be required to install, main-
tain, and inspect sediment ranges and carry out
similar activities;
(D) to construct and develop wetland, ri-
parian habitat, or other environmental restora-
tion features authorized by section 1135 of the
Water Resources Development Act of 1986 (33
U.S.C. 2309a) and section 206 of the Water Re-
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sources Development Act of 1996 (33 U.S.C.
2330);
(E) to dredge and deposit fill materials;
and
(F) to carry out management actions for the
purpose of reducing the take of juvenile
salmonids by avian colonies that inhabit, before,
on, or after the date of enactment of this Act,
any island included in the land described in sub-
section (a).
(3) COORDINATION.—Before exercising a right
described in any of subparagraphs (C) through (F) of
paragraph (2), the Secretary shall coordinate the ex-
ercise with the United States Fish and Wildlife Serv-
ice.
(d) MANAGEMENT.—
(1) IN GENERAL.—The land described in sub-
section (a) shall be managed by the Secretary of the
Interior as part of the McNary National Wildlife Ref-
uge.
(2) CUMMINS PROPERTY.—
(A) RETENTION OF CREDITS.—Habitat unit
credits described in the memorandum entitled
‘‘Design Memorandum No. 6, LOWER SNAKE
RIVER FISH AND WILDLIFE COMPENSA-
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TION PLAN, Wildlife Compensation and Fish-
ing Access Site Selection, Letter Supplement No.
15, SITE DEVELOPMENT PLAN FOR THE
WALLULA HMU’’ provided for the Lower
Snake River Fish and Wildlife Compensation
Plan through development of the parcel of land
formerly known as the ‘‘Cummins property’’
shall be retained by the Secretary despite any
changes in management of the parcel on or after
the date of enactment of this Act.
(B) SITE DEVELOPMENT PLAN.—The United
States Fish and Wildlife Service shall obtain
prior approval of the Washington State Depart-
ment of Fish and Wildlife for any change to the
previously approved site development plan for
the parcel of land formerly known as the
‘‘Cummins property’’.
(3) MADAME DORIAN RECREATION AREA.—The
United States Fish and Wildlife Service shall con-
tinue operation of the Madame Dorian Recreation
Area for public use and boater access.
(e) ADMINISTRATIVE COSTS.—The United States Fish
and Wildlife Service shall be responsible for all survey, envi-
ronmental compliance, and other administrative costs re-
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quired to implement the transfer of administrative jurisdic-
tion under subsection (a).
SEC. 3130. SNAKE RIVER PROJECT, WASHINGTON AND
IDAHO.
The Fish and Wildlife Compensation Plan for the
Lower Snake River, Washington and Idaho, as authorized
by section 101 of the Water Resources Development Act of
1976 (90 Stat. 2921), is modified to authorize the Secretary
to conduct studies and implement aquatic and riparian eco-
system restorations and improvements specifically for fish-
eries and wildlife.
SEC. 3131. WHATCOM CREEK WATERWAY, BELLINGHAM,
WASHINGTON.
That portion of the project for navigation, Whatcom
Creek Waterway, Bellingham, Washington, authorized by
the Act of June 25, 1910 (36 Stat. 664, chapter 382) (com-
monly known as the ‘‘River and Harbor Act of 1910’’) and
the River and Harbor Act of 1958 (72 Stat. 299), consisting
of the last 2,900 linear feet of the inner portion of the water-
way, and beginning at station 29+00 to station 0+00,
shall not be authorized as of the date of enactment of this
Act.
SEC. 3132. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood damage reduction at Lower Mud
River, Milton, West Virginia, authorized by section 580 of
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the Water Resources Development Act of 1996 (110 Stat.
3790; 114 Stat. 2612), is modified to authorize the Sec-
retary to carry out the project in accordance with the rec-
ommended plan described in the Draft Limited Reevalua-
tion Report of the Corps of Engineers dated May 2004, at
a total cost of $57,100,000, with an estimated Federal cost
of $42,825,000 and an estimated non-Federal cost of
$14,275,000.
SEC. 3133. MCDOWELL COUNTY, WEST VIRGINIA.
(a) IN
GENERAL.—The McDowell County non-
structural component of the project for flood control, Levisa
and Tug Fork of the Big Sandy and Cumberland Rivers,
West Virginia, Virginia, and Kentucky, authorized by sec-
tion 202(a) of the Energy and Water Development Appro-
priation Act, 1981 (94 Stat. 1339), is modified to direct
the Secretary to take measures to provide protection,
throughout McDowell County, West Virginia, from the reoc-
currence of the greater of—
(1) the April 1977 flood;
(2) the July 2001 flood;
(3) the May 2002 flood; or
(4) the 100-year frequency event.
(b) UPDATES AND REVISIONS.—The measures under
subsection (a) shall be carried out in accordance with, and
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during the development of, the updates and revisions under
section 2006(e)(2).
SEC. 3134. GREEN BAY HARBOR PROJECT, GREEN BAY, WIS-
CONSIN.
The portion of the inner harbor of the Federal naviga-
tion channel of the Green Bay Harbor project, authorized
by the first section of the Act entitled ‘‘An Act making ap-
propriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes’’, approved July 5, 1884 (commonly known as the
‘‘River and Harbor Act of 1884’’) (23 Stat. 136, chapter
229), from Station 190+00 to Station 378+00 is author-
ized to a width of 75 feet and a depth of 6 feet.
SEC. 3135. MANITOWOC HARBOR, WISCONSIN.
(a) IN GENERAL..—The portion of the project for navi-
gation, Manitowoc Harbor, Wisconsin, authorized by the
first section of the River and Harbor Act of August 30, 1852
(10 Stat. 58), consisting of the channel in the south part
of the outer harbor, deauthorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1176), may be carried
out by the Secretary.
(b) LIMITATION.—No construction on the project may
be initiated until the Secretary determines that the project
is feasible.
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SEC. 3136. OCONTO HARBOR, WISCONSIN.
(a) IN GENERAL.—The portion of the project for navi-
gation, Oconto Harbor, Wisconsin, authorized by the Act
of August 2, 1882 (22 Stat. 196, chapter 375), and the Act
of June 25, 1910 (36 Stat. 664, chapter 382) (commonly
known as the ‘‘River and Harbor Act of 1910’’), consisting
of a 15-foot-deep turning basin in the Oconto River, as de-
scribed in subsection (b), is no longer authorized.
(b) PROJECT DESCRIPTION.—The project referred to in
subsection (a) is more particularly described as—
(1) beginning at a point along the western limit
of the existing project, N. 394,086.71, E. 2,530,202.71;
(2) thence northeasterly about 619.93 feet to a
point N. 394,459.10, E. 2,530,698.33;
(3) thence southeasterly about 186.06 feet to a
point N. 394,299.20, E. 2,530,793.47;
(4) thence southwesterly about 355.07 feet to a
point N. 393,967.13, E. 2,530,667.76;
(5) thence southwesterly about 304.10 feet to a
point N. 393,826.90, E. 2,530,397.92; and
(6) thence northwesterly about 324.97 feet to the
point of origin.
SEC. 3137. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.
Section 21 of the Water Resources Development Act of
1988 (102 Stat. 4027) is amended—
(1) in subsection (a)—
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(A) by striking ‘‘1276.42’’ and inserting
‘‘1278.42’’;
(B) by striking ‘‘1218.31’’ and inserting
‘‘1221.31’’; and
(C) by striking ‘‘1234.82’’ and inserting
‘‘1235.30’’; and
(2) by striking subsection (b) and inserting the
following:
‘‘(b) EXCEPTION.—
‘‘(1) IN GENERAL.—The Secretary may operate
the headwaters reservoirs below the minimum or
above the maximum water levels established under
subsection (a) in accordance with water control regu-
lation manuals (or revisions to those manuals) devel-
oped by the Secretary, after consultation with the
Governor of Minnesota and affected tribal govern-
ments, landowners, and commercial and recreational
users.
‘‘(2) EFFECTIVE DATE OF MANUALS.—The water
control regulation manuals referred to in paragraph
(1) (and any revisions to those manuals) shall be ef-
fective as of the date on which the Secretary submits
the manuals (or revisions) to Congress.
‘‘(3) NOTIFICATION.—