sources 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. 
(6) ACID BROOK, POMPTON LAKES, NEW JER-
SEY.—The Secretary shall carry out the project for 
flood damage reduction, Acid Brook, Pompton Lakes, 
New Jersey, referred to in subsection (a) if the Sec-
retary determines that the project is feasible. 
(7) DILLEY, TEXAS.—The Secretary shall carry 
out the project for flood damage reduction, Dilley, 
Texas, referred to in subsection (a) if the Secretary 
determines that the project is feasible. 
SEC. 
1003. 
SMALL 
PROJECTS 
FOR 
EMERGENCY 
STREAMBANK PROTECTION. 
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 section 
14 of the Flood Control Act of 1946 (33 U.S.C. 701r): 
(1) ST. JOHNS BLUFF TRAINING WALL, DUVAL 
COUNTY, FLORIDA.—Project for emergency streambank 
protection, St. Johns Bluff Training Wall, Duval 
County, Florida. 
(2) GULF INTRACOASTAL WATERWAY, IBERVILLE 
PARISH, 
LOUISIANA.—Projects 
for 
emergency 
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streambank restoration, Gulf Intracoastal Waterway, 
Iberville Parish, Louisiana. 
(3) OUACHITA
AND
BLACK
RIVERS, ARKANSAS 
AND LOUISIANA.—Projects for emergency streambank 
protection, Ouachita and Black Rivers, Arkansas and 
Louisiana. 
(4) PINEY
POINT
LIGHTHOUSE, 
ST. 
MARY’S 
COUNTY, 
MARYLAND.—Project 
for 
emergency 
streambank protection, Piney Point Lighthouse, St. 
Mary’s County, Maryland. 
(5) PUG HOLE LAKE, MINNESOTA.—Project for 
emergency streambank protection, Pug Hole Lake, 
Minnesota. 
(6) MIDDLE FORK GRAND RIVER, GENTRY COUN-
TY, MISSOURI.—Project for emergency streambank 
protection, Middle Fork Grand River, Gentry County, 
Missouri. 
(7) PLATTE RIVER, PLATTE CITY, MISSOURI.— 
Project for emergency streambank protection, Platte 
River, Platte City, Missouri. 
(8) RUSH
CREEK, 
PARKVILLE, 
MISSOURI.— 
Project for emergency streambank protection, Rush 
Creek, Parkville, Missouri, including measures to ad-
dress degradation of the creek bed. 
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(9) DRY AND OTTER CREEKS, CORTLAND COUN-
TY, NEW YORK.—Project for emergency streambank 
protection, Dry and Otter Creeks, Cortland County, 
New York. 
(10) 
KEUKA
LAKE, 
HAMMONDSPORT, 
NEW 
YORK.—Project for emergency streambank protection, 
Keuka Lake, Hammondsport, New York. 
(11) KOWAWESE
UNIQUE
AREA
AND
HUDSON 
RIVER, NEW WINDSOR, NEW YORK.—Project for emer-
gency streambank protection, Kowawese Unique Area 
and Hudson River, New Windsor, New York. 
(12) OWEGO
CREEK, 
TIOGA
COUNTY, 
NEW 
YORK.—Project for emergency streambank protection, 
Owego Creek, Tioga County, New York. 
(13) HOWARD ROAD OUTFALL, SHELBY COUNTY, 
TENNESSEE.—Project for emergency streambank pro-
tection, Howard Road outfall, Shelby County, Ten-
nessee. 
(14) MITCH FARM DITCH AND LATERAL D, SHEL-
BY
COUNTY, 
TENNESSEE.—Project for emergency 
streambank protection, Mitch Farm Ditch and Lat-
eral D, Shelby County, Tennessee. 
(15) WOLF RIVER TRIBUTARIES, SHELBY COUN-
TY, TENNESSEE.—Project for emergency streambank 
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protection, Wolf River tributaries, Shelby County, 
Tennessee. 
(16) JOHNSON
CREEK, ARLINGTON, TEXAS.— 
Project for emergency streambank protection, Johnson 
Creek, Arlington, Texas. 
(17) WELLS
RIVER, 
NEWBURY, 
VERMONT.— 
Project for emergency streambank protection, Wells 
River, Newbury, Vermont. 
SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 
(a) IN GENERAL.—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 section 107 of the River and Harbor Act of 
1960 (33 U.S.C. 577): 
(1) MISSISSIPPI
RIVER
SHIP
CHANNEL, LOU-
ISIANA.—Project for navigation, Mississippi River 
Ship Channel, Louisiana. 
(2) EAST BASIN, CAPE COD CANAL, SANDWICH, 
MASSACHUSETTS.—Project 
for 
navigation, 
East 
Basin, Cape Cod Canal, Sandwich, Massachusetts. 
(3) LYNN
HARBOR, LYNN, MASSACHUSETTS.— 
Project for navigation, Lynn Harbor, Lynn, Massa-
chusetts. 
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(4) MERRIMACK RIVER, HAVERHILL, MASSACHU-
SETTS.—Project for navigation, Merrimack River, 
Haverhill, Massachusetts. 
(5) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA-
CHUSETTS.—Project for navigation, Oak Bluffs Har-
bor, Oak Bluffs, Massachusetts. 
(6) WOODS HOLE GREAT HARBOR, FALMOUTH, 
MASSACHUSETTS.—Project for navigation, Woods 
Hole Great Harbor, Falmouth, Massachusetts. 
(7) AU
SABLE
RIVER, MICHIGAN.—Project for 
navigation, Au Sable River in the vicinity of Oscoda, 
Michigan. 
(8) TRAVERSE
CITY
HARBOR, TRAVERSE
CITY, 
MICHIGAN.—Project for navigation, Traverse City 
Harbor, Traverse City, Michigan. 
(9) TOWER
HARBOR, 
TOWER, 
MINNESOTA.— 
Project for navigation, Tower Harbor, Tower, Min-
nesota. 
(10) OLCOTT
HARBOR, OLCOTT, NEW
YORK.— 
Project for navigation, Olcott Harbor, Olcott, New 
York. 
(b) SPECIAL RULES.— 
(1) TRAVERSE
CITY
HARBOR, TRAVERSE
CITY, 
MICHIGAN.—The Secretary shall review the locally 
prepared plan for the project for navigation, Traverse 
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City Harbor, Michigan, referred to in subsection (a), 
and, if the Secretary determines that the plan meets 
the evaluation and design standards of the Corps of 
Engineers and that the plan is feasible, the Secretary 
may use the plan to carry out the project and shall 
provide credit toward the non-Federal share of the 
cost of the project for 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 deter-
mines that the work is integral to the project. 
(2) TOWER HARBOR, TOWER MINNESOTA.—The 
Secretary shall carry out the project for navigation, 
Tower Harbor, Tower, Minnesota, referred to in sub-
section (a) if the Secretary determines that the project 
is feasible. 
SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 
QUALITY OF THE ENVIRONMENT. 
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 sec-
tion 1135 of the Water Resources Development Act of 1986 
(33 U.S.C. 2309a): 
(1) BALLONA
CREEK, LOS
ANGELES
COUNTY, 
CALIFORNIA.—Project for improvement of the quality 
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of the environment, Ballona Creek, Los Angeles Coun-
ty, California. 
(2) BALLONA LAGOON TIDE GATES, MARINA DEL 
REY, CALIFORNIA.—Project for improvement of the 
quality of the environment, Ballona Lagoon Tide 
Gates, Marina Del Rey, California. 
(3) FT. GEORGE INLET, DUVAL COUNTY, FLOR-
IDA.—Project for improvement of the quality of the 
environment, Ft. George Inlet, Duval County, Flor-
ida. 
(4) RATHBUN LAKE, IOWA.—Project for improve-
ment of the quality of the environment, Rathbun 
Lake, Iowa. 
(5) SMITHVILLE
LAKE, MISSOURI.—Project for 
improvement of the quality of the environment, 
Smithville Lake, Missouri. 
(6) DELAWARE
BAY, NEW
JERSEY
AND
DELA-
WARE.—Project for improvement of the quality of the 
environment, Delaware Bay, New Jersey and Dela-
ware, for the purpose of oyster restoration. 
(7) TIOGA-HAMMOND
LAKES, PENNSYLVANIA.— 
Project for improvement of the quality of the environ-
ment, Tioga-Hammond Lakes, Pennsylvania. 
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SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 
RESTORATION. 
(a) IN GENERAL.—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 Develop-
ment Act of 1996 (33 U.S.C. 2330): 
(1) CYPRESS CREEK, MONTGOMERY, ALABAMA.— 
Project for aquatic ecosystem restoration, Cypress 
Creek, Montgomery, Alabama. 
(2) BLACK LAKE, ALASKA.—Project for aquatic 
ecosystem restoration, Black Lake, Alaska, at the head 
of the Chignik watershed. 
(3) BEN
LOMOND
DAM, SANTA
CRUZ, CALI-
FORNIA.—Project for aquatic ecosystem restoration, 
Ben Lomond Dam, Santa Cruz, California. 
(4) DOCKWEILER BLUFFS, LOS ANGELES COUN-
TY, CALIFORNIA.—Project for aquatic ecosystem res-
toration, Dockweiler Bluffs, Los Angeles County, Cali-
fornia. 
(5) 
SALT
RIVER, 
CALIFORNIA.—Project 
for 
aquatic ecosystem restoration, Salt River, California. 
(6) SANTA
ROSA
CREEK, SANTA
ROSA, CALI-
FORNIA.—Project for aquatic ecosystem restoration, 
Santa Rosa Creek in the vicinity of the Prince Memo-
rial Greenway, Santa Rosa, California. 
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(7) 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, Cali-
fornia. 
(8) SWEETWATER RESERVOIR, SAN DIEGO COUN-
TY, CALIFORNIA.—Project for aquatic ecosystem res-
toration, Sweetwater Reservoir, San Diego County, 
California, including efforts to address aquatic nui-
sance species. 
(9) BISCAYNE BAY, FLORIDA.—Project for aquat-
ic ecosystem restoration, Biscayne Bay, Key Bis-
cayne, Florida. 
(10) CLAM BAYOU AND DINKINS BAYOU, SANIBEL 
ISLAND, FLORIDA.—Project for aquatic ecosystem res-
toration, Clam Bayou and Dinkins Bayou, Sanibel 
Island, Florida. 
(11) CHATTAHOOCHEE FALL LINE, GEORGIA AND 
ALABAMA.—Project for aquatic ecosystem restoration, 
Chattahoochee Fall Line, Georgia and Alabama. 
(12) LONGWOOD
COVE, 
GAINESVILLE, 
GEOR-
GIA.—Project for aquatic ecosystem restoration, 
Longwood Cove, Gainesville, Georgia. 
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(13) CITY
PARK, 
UNIVERSITY
LAKES, 
LOU-
ISIANA.—Project for aquatic ecosystem restoration, 
City Park, University Lakes, Louisiana. 
(14) 
MILL
POND, 
LITTLETON, 
MASSACHU-
SETTS.—Project for aquatic ecosystem restoration, 
Mill Pond, Littleton, Massachusetts. 
(15) PINE
TREE
BROOK, MILTON, MASSACHU-
SETTS.—Project for aquatic ecosystem restoration, 
Pine Tree Brook, Milton, Massachusetts. 
(16) RUSH
LAKE, 
MINNESOTA.—Project for 
aquatic ecosystem restoration, Rush Lake, Minnesota. 
(17) SOUTH FORK OF THE CROW RIVER, HUTCH-
INSON, MINNESOTA.—Project for aquatic ecosystem 
restoration, South Fork of the Crow River, Hutch-
inson, Minnesota. 
(18) ST. LOUIS, MISSOURI.—Project for aquatic 
ecosystem restoration, St. Louis, Missouri. 
(19) TRUCKEE RIVER, RENO, NEVADA.—Project 
for aquatic ecosystem restoration, Truckee River, 
Reno, Nevada, including features for fish passage for 
Washoe County. 
(20) GROVER’S
MILL
POND, NEW
JERSEY.— 
Project for aquatic ecosystem restoration, Grover’s 
Mill Pond, New Jersey. 
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(21) DUGWAY
CREEK, 
BRATENAHL, 
OHIO.— 
Project for aquatic ecosystem restoration, Dugway 
Creek, Bratenahl, Ohio. 
(22) JOHNSON
CREEK, GRESHAM, OREGON.— 
Project for aquatic ecosystem restoration, Johnson 
Creek, Gresham, Oregon. 
(23) BEAVER CREEK, BEAVER AND SALEM, PENN-
SYLVANIA.—Project for aquatic ecosystem restoration, 
Beaver Creek, Beaver and Salem, Pennsylvania. 
(24) CEMENTON DAM, LEHIGH RIVER, PENNSYL-
VANIA.—Project for aquatic ecosystem restoration, 
Cementon Dam, Lehigh River, Pennsylvania. 
(25) SAUCON
CREEK, NORTHAMPTON
COUNTY, 
PENNSYLVANIA.—Project for aquatic ecosystem res-
toration, Saucon Creek, Northampton County, Penn-
sylvania. 
(26) BLACKSTONE
RIVER, RHODE
ISLAND.— 
Project for aquatic ecosystem restoration, Blackstone 
River, Rhode Island. 
(27) WILSON BRANCH, CHERAW, SOUTH CARO-
LINA.—Project for aquatic ecosystem restoration, Wil-
son Branch, Cheraw, South Carolina. 
(28) WHITE RIVER, BETHEL, VERMONT.—Project 
for aquatic ecosystem restoration, White River, Bethel, 
Vermont. 
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(b) SPECIAL RULE.—The Secretary shall carry out the 
project for aquatic ecosystem restoration, Black Lake, Alas-
ka referred to in subsection (a) if the Secretary determines 
that the project is feasible. 
SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION. 
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 section 
3 of the Act entitled ‘‘An Act authorizing Federal participa-
tion in the cost of protecting the shores of publicly owned 
property’’, approved August 13, 1946 (33 U.S.C. 426g): 
(1) NELSON LAGOON, ALASKA.—Project for shore-
line protection, Nelson Lagoon, Alaska. 
(2) SANIBEL
ISLAND, 
FLORIDA.—Project for 
shoreline protection, Sanibel Island, Florida. 
(3) APRA HARBOR, GUAM.—Project for shoreline 
protection, Apra Harbor, Guam. 
(4) PITI, CABRAS
ISLAND, GUAM.—Project for 
shoreline protection, Piti, Cabras Island, Guam. 
(5) NARROWS AND GRAVESEND BAY, UPPER NEW 
YORK BAY, BROOKLYN, NEW YORK.—Project for shore-
line protection in the vicinity of the confluence of the 
Narrows and Gravesend Bay, Upper New York Bay, 
Shore Parkway Greenway, Brooklyn, New York. 
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(6) DELAWARE
RIVER, PHILADELPHIA
NAVAL 
SHIPYARD, PENNSYLVANIA.—Project for shoreline pro-
tection, Delaware River in the vicinity of the Phila-
delphia Naval Shipyard, Pennsylvania. 
(7) PORT ARANSAS, TEXAS.—Project for shoreline 
protection, Port Aransas, Texas. 
SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI-
MENT REMOVAL. 
The Secretary shall conduct a study for the following 
project and, if the Secretary determines that the project is 
feasible, the Secretary may carry out the project under sec-
tion 2 of the Flood Control Act of August 28, 1937 (33 
U.S.C. 701g): Project for removal of snags and clearing and 
straightening of channels for flood control, Kowawese 
Unique Area and Hudson River, New Windsor, New York. 
TITLE II—GENERAL PROVISIONS 
SEC. 2001. 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 EXCESS 
CONTRIBUTIONS.—The Secretary may not— 
‘‘(A) solicit contributions from non-Federal 
interests for costs of constructing authorized 
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water resources projects or measures in excess of 
the non-Federal share assigned to the appro-
priate project purposes listed in subsections (a), 
(b), and (c); or 
‘‘(B) 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).’’. 
SEC. 2002. HARBOR COST SHARING. 
(a) PAYMENTS
DURING
CONSTRUCTION.—Section 
101(a)(1) of the Water Resources Development Act of 1986 
(33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended in each 
of subparagraphs (B) and (C) by striking ‘‘45 feet’’ and 
inserting ‘‘53 feet’’. 
(b) 
OPERATION
AND
MAINTENANCE.—Section 
101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 
by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 
(c) DEFINITIONS.—Section 214 of such Act (33 U.S.C. 
2241; 100 Stat. 4108) is amended in each of paragraphs 
(1) and (3) by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 
(d) APPLICABILITY.—The amendments made by sub-
sections (a), (b), and (c) shall apply only to a project, or 
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separable element of a project, on which a contract for phys-
ical construction has not been awarded before October 1, 
2003. 
(e) REVISION
OF PARTNERSHIP AGREEMENT.—The 
Secretary shall revise any partnership agreement entered 
into after October 1, 2003, for any project to which the 
amendments made by subsections (a), (b), and (c) apply 
to take into account the change in non-Federal participa-
tion in the project as a result of such amendments. 
SEC. 2003. FUNDING TO PROCESS PERMITS. 
Section 214(c) of the Water Resources Development Act 
of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 
1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197) is 
amended by striking ‘‘2008’’ and inserting ‘‘2010’’. 
SEC. 2004. 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 property’’, 
approved August 13, 1946 (33 U.S.C. 426h(a)), is amended 
by striking ‘‘7 years’’ and inserting ‘‘10 years’’. 
(b) EXTENSION
OF PLANNING, DESIGN, AND CON-
STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 
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U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’ 
and inserting ‘‘6 years’’. 
(c) COST SHARING; REMOVAL OF PROJECTS.—Section 
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 deter-
mines 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 ‘‘$25,000,000’’ and inserting ‘‘$31,000,000’’. 
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SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 
PROTECTION PROJECTS. 
Section 3 of the Act entitled ‘‘An Act authorizing Fed-
eral participation in the cost of protecting the shores of pub-
licly owned property’’, approved August 13, 1946 (33 
U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ and in-
serting ‘‘$5,000,000’’. 
SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. 
Section 206(e) of the Water Resources Development Act 
of 1996 (33 U.S.C. 2330) is amended by striking 
‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 
SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 
Section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and in-
serting ‘‘$60,000,000’’. 
SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVE-
MENT OF THE QUALITY OF THE ENVIRON-
MENT. 
Section 1135(h) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking 
‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 
SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES 
PROJECTS. 
(a) IN GENERAL.—Section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b) is amended— 
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(1) by striking ‘‘SEC. 221’’ and inserting the fol-
lowing: 
‘‘SEC. 
221. 
WRITTEN 
AGREEMENT 
REQUIREMENT 
FOR 
WATER RESOURCES PROJECTS.’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.— 
‘‘(1) IN GENERAL.—After December 31, 1970, the 
construction of any water resources project, or an ac-
ceptable separable element thereof, by the Secretary of 
the Army, acting through the Chief of Engineers, or 
by a non-Federal interest where such interest will be 
reimbursed for such construction under any provision 
of law, shall not be commenced until each non-Federal 
interest has entered into a written partnership agree-
ment with the Secretary (or, where appropriate, the 
district engineer for the district in which the project 
will be carried out) under which each party agrees to 
carry out its responsibilities and requirements for im-
plementation or construction of the project or the ap-
propriate element of the project, as the case may be; 
except that no such agreement shall be required if the 
Secretary determines that the administrative costs as-
sociated with negotiating, executing, or administering 
the agreement would exceed the amount of the con-
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tribution required from the non-Federal interest and 
are less than $25,000. 
‘‘(2) LIQUIDATED
DAMAGES.—A partnership 
agreement described in paragraph (1) may include a 
provision for liquidated damages in the event of a 
failure of one or more parties to perform. 
‘‘(3) 
OBLIGATION
OF
FUTURE
APPROPRIA-
TIONS.—In any partnership agreement described in 
paragraph (1) and entered into by a State, or a body 
politic of the State which derives its powers from the 
State constitution, or a governmental entity created 
by the State legislature, the agreement may reflect 
that it does not obligate future appropriations for 
such performance and payment when obligating fu-
ture appropriations would be inconsistent with con-
stitutional or statutory limitations of the State or a 
political subdivision of the State. 
‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.— 
‘‘(A) IN
GENERAL.—A partnership agree-
ment described in paragraph (1) may provide 
with respect to a project that the Secretary shall 
credit toward the non-Federal share of the cost of 
the project, including a project implemented 
without specific authorization in law, the value 
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of in-kind contributions made by the non-Fed-
eral interest, including— 
‘‘(i) the costs of planning (including 
data collection), design, management, miti-
gation, construction, and construction serv-
ices that are provided by the non-Federal 
interest for implementation of the project; 
‘‘(ii) the value of materials or services 
provided before execution of the partnership 
agreement, including efforts on constructed 
elements incorporated into the project; and 
‘‘(iii) the value of materials and serv-
ices provided after execution of the partner-
ship agreement. 
‘‘(B) CONDITION.—The Secretary shall cred-
it an in-kind contribution under subparagraph 
(A) if the Secretary determines that the material 
or service provided as an in-kind contribution is 
integral to the project. 
‘‘(C) WORK PERFORMED BEFORE PARTNER-
SHIP AGREEMENT.—In any case in which the 
non-Federal interest is to receive credit under 
subparagraph (A)(ii) for the cost of work carried 
out by the non-Federal interest and such work 
has not been carried out as of the date of enact-
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ment of this subparagraph, the Secretary and the 
non-Federal interest shall enter into an agree-
ment under which the non-Federal interest shall 
carry out such work, and only work carried out 
following the execution of the agreement shall be 
eligible for credit. 
‘‘(D) 
LIMITATIONS.—Credit 
authorized 
under this paragraph for a project— 
‘‘(i) shall not exceed the non-Federal 
share of the cost of the project; 
‘‘(ii) shall not alter any other require-
ment that a non-Federal interest provide 
lands, easements or rights-of-way, or areas 
for disposal of dredged material for the 
project; 
‘‘(iii) shall not alter any requirement 
that a non-Federal interest pay a portion of 
the costs of construction of the project under 
sections 101 and 103 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211; 
33 U.S.C. 2213); and 
‘‘(iv) shall not exceed the actual and 
reasonable costs of the materials, services, or 
other things provided by the non-Federal in-
terest, as determined by the Secretary. 
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‘‘(E) APPLICABILITY.— 
‘‘(i) IN
GENERAL.—This paragraph 
shall apply to water resources projects au-
thorized after November 16, 1986, including 
projects initiated after November 16, 1986, 
without specific authorization in law. 
‘‘(ii) LIMITATION.—In any case in 
which a specific provision of law provides 
for a non-Federal interest to receive credit 
toward the non-Federal share of the cost of 
a study for, or construction or operation 
and maintenance of, a water resources 
project, the specific provision of law shall 
apply instead of this paragraph.’’. 
(b) NON-FEDERAL INTEREST.—Section 221(b) of such 
Act is amended to read as follows: 
‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.—The 
term ‘non-Federal interest’ means a legally constituted pub-
lic body (including a federally recognized Indian tribe), and 
a nonprofit entity with the consent of the affected local gov-
ernment, that has full authority and capability to perform 
the terms of its agreement and to pay damages, if necessary, 
in the event of failure to perform.’’. 
(c) PROGRAM ADMINISTRATION.—Section 221 of such 
Act is further amended— 
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(1) by redesignating subsection (e) as subsection 
(h); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DELEGATION
OF AUTHORITY.—Not later than 
September 30, 2008, the Secretary shall issue policies and 
guidelines for partnership agreements that delegate to the 
district engineers, at a minimum— 
‘‘(1) the authority to approve any policy in a 
partnership agreement that has appeared in an agree-
ment previously approved by the Secretary; 
‘‘(2) the authority to approve any policy in a 
partnership agreement the specific terms of which are 
dictated by law or by a final feasibility study, final 
environmental impact statement, or other final deci-
sion document for a water resources project; 
‘‘(3) the authority to approve any partnership 
agreement that complies with the policies and guide-
lines issued by the Secretary; and 
‘‘(4) the authority to sign any partnership agree-
ment for any water resources project unless, within 30 
days of the date of authorization of the project, the 
Secretary notifies the district engineer in which the 
project will be carried out that the Secretary wishes 
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