101
and for which the array of alternatives to be consid-
ered has not been identified; and 
(2) project studies initiated during the period 
beginning on such date of enactment and ending 4 
years after such date of enactment. 
(i) REPORT.—Within 41⁄2 years of the date of enact-
ment of this section, the Chief of Engineers shall submit 
a report to Congress on the implementation of this section. 
(j) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
any peer review panel established under this section. 
(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to affect any authority of the Chief of Engi-
neers to cause or conduct a peer review of a water re-
sources project existing on the date of enactment of this 
section. 
(l) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) PROJECT
STUDY.—The term ‘‘project 
study’’ means a feasibility study or reevaluation 
study for a project. The term also includes any other 
study associated with a modification or update of a 
project that includes an environmental impact state-
ment, including the environmental impact statement.
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(2) AFFECTED
STATE.—The term ‘‘affected 
State’’, as used with respect to a project, means a 
State all or a portion of which is within the drainage 
basin in which the project is or would be located and 
would be economically or environmentally affected as 
a consequence of the project. 
(3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
ble organization’’ means an organization that—
(A) is described in section 501(c)(3), and 
exempt from Federal tax under section 501(a), 
of the Internal Revenue Code of 1986; 
(B) is independent; 
(C) is free from conflicts of interest; 
(D) does not carry out or advocate for or 
against Federal water resources projects; and 
(E) has experience in establishing and ad-
ministering peer review panels. 
SEC. 2031. TRAINING FUNDS. 
(a) IN GENERAL.—The Secretary may include indi-
viduals not employed by the Department of the Army in 
training classes and courses offered by the Corps of Engi-
neers in any case in which the Secretary determines that 
it is in the best interest of the Federal Government to 
include those individuals as participants. 
(b) EXPENSES.—
103
(1) IN GENERAL.—An individual not employed 
by the Department of the Army attending a training 
class or course described in subsection (a) shall pay 
the full cost of the training provided to the indi-
vidual. 
(2) PAYMENTS.—Payments made by an indi-
vidual for training received under paragraph (1), up 
to the actual cost of the training—
(A) may be retained by the Secretary; 
(B) shall be credited to an appropriation 
or account used for paying training costs; and 
(C) shall be available for use by the Sec-
retary, without further appropriation, for train-
ing purposes. 
(3) EXCESS AMOUNTS.—Any payments received 
under paragraph (2) that are in excess of the actual 
cost of training provided shall be credited as mis-
cellaneous receipts to the Treasury of the United 
States. 
SEC. 2032. ACCESS TO WATER RESOURCE DATA. 
(a) IN GENERAL.—The Secretary shall carry out a 
program to provide public access to water resource and 
related water quality data in the custody of the Corps of 
Engineers.
104
(b) DATA.—Public access under subsection (a) 
shall—
(1) include, at a minimum, access to data gen-
erated in water resources project development and 
regulation under section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344); and 
(2) appropriately employ geographic informa-
tion system technology and linkages to water re-
source models and analytical techniques. 
(c) PARTNERSHIPS.—To the maximum extent prac-
ticable, in carrying out activities under this section, the 
Secretary shall develop partnerships, including cooperative 
agreements with State, tribal, and local governments and 
other Federal agencies. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each fiscal year. 
SEC. 2033. SHORE PROTECTION PROJECTS. 
(a) IN GENERAL.—In accordance with the Act of 
July 3, 1930 (33 U.S.C. 426), and notwithstanding ad-
ministrative actions, it is the policy of the United States 
to promote beach nourishment for the purposes of flood 
damage reduction and hurricane and storm damage reduc-
tion and related research that encourage the protection, 
restoration, and enhancement of sandy beaches, including
105
beach restoration and periodic beach renourishment for a 
period of 50 years, on a comprehensive and coordinated 
basis by the Federal Government, States, localities, and 
private enterprises. 
(b) PREFERENCE.—In carrying out the policy, pref-
erence shall be given to—
(1) areas in which there has been a Federal in-
vestment of funds for the purposes described in sub-
section (a); and 
(2) areas with respect to which the need for 
prevention or mitigation of damage to shores and 
beaches is attributable to Federal navigation 
projects or other Federal activities. 
(c) APPLICABILITY.—The Secretary shall apply the 
policy to each shore protection and beach renourishment 
project (including shore protection and beach renourish-
ment projects constructed before the date of enactment 
of this Act). 
SEC. 2034. ABILITY TO PAY. 
(a) 
CRITERIA
AND
PROCEDURES.—Section 
103(m)(2) of the Water Resources Development Act of 
1986 (33 U.S.C. 2213(m)(2)) is amended by striking 
‘‘180 days after such date of enactment’’ and inserting 
‘‘August 31, 2005’’.
106
(b) PROJECTS.—The Secretary shall apply the cri-
teria and procedures referred to in section 103(m) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2213(m)) to the following projects: 
(1) ST. JOHNS
BAYOU
AND
NEW
MADRID 
FLOODWAY, MISSOURI.—The project for flood con-
trol, St. Johns Bayou and New Madrid Floodway, 
Missouri, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 
4118). 
(2) LOWER RIO GRANDE BASIN, TEXAS.—The 
project for flood control, Lower Rio Grande Basin, 
Texas, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 
4125). 
(3) 
WEST
VIRGINIA
AND
PENNSYLVANIA 
PROJECTS.—The projects for flood control author-
ized by section 581 of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3790–3791). 
SEC. 2035. 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’’.
107
SEC. 2036. 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 
inserting ‘‘$60,000,000’’. 
SEC. 2037. LEASING AUTHORITY. 
Section 4 of the Act entitled ‘‘An Act authorizing the 
construction of certain public works on rivers and harbors 
for flood control, and other purposes’’, approved December 
22, 1944 (16 U.S.C. 460d) is amended—
(1) by inserting ‘‘federally-recognized Indian 
tribes and’’ before ‘‘Federal’’ the first place it ap-
pears; 
(2) by inserting ‘‘Indian tribes or’’ after ‘‘con-
siderations, to such’’; and 
(3) by inserting ‘‘federally-recognized Indian 
tribe’’ after ‘‘That in any such lease or license to a’’. 
SEC. 2038. COST ESTIMATES. 
The estimated Federal and non-Federal costs of 
projects authorized to be carried out by the Secretary be-
fore, on, or after the date of enactment of this Act are 
for informational purposes only and shall not be inter-
preted as affecting the cost sharing responsibilities estab-
lished by law. 
SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES 
PROJECTS. 
(a) STUDIES.—
108
(1) COST-SHARING
REQUIREMENTS.—Section 
105(a) of the Water Resources Development Act of 
1986 (33 U.S.C. 2215(a)) is amended by adding at 
the end the following: 
‘‘(3) DETAILED
PROJECT
REPORTS.—The re-
quirements of this subsection that apply to a feasi-
bility study also shall apply to a study that results 
in a detailed project report, except that—
‘‘(A) the first $100,000 of the costs of a 
study that results in a detailed project report 
shall be a Federal expense; and 
‘‘(B) paragraph (1)(C)(ii) shall not apply 
to such a study.’’. 
(2) PLANNING
AND
ENGINEERING.—Section 
105(b) of such Act (33 U.S.C. 2215(b)) is amended 
by striking ‘‘authorized by this Act’’. 
(3) DEFINITIONS.—Section 105 of such Act (33 
U.S.C. 2215) is amended by adding at the end the 
following: 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) DETAILED PROJECT REPORT.—The term 
‘detailed project report’ means a report for a project 
not specifically authorized by Congress in law or 
otherwise that determines the feasibility of the
109
project with a level of detail appropriate to the scope 
and complexity of the recommended solution and 
sufficient to proceed directly to the preparation of 
contract plans and specifications. The term includes 
any associated environmental impact statement and 
mitigation plan. For a project for which the Federal 
cost does not exceed $1,000,000, the term includes 
a planning and design analysis document. 
‘‘(2) FEASIBILITY
STUDY.—The term ‘feasi-
bility study’ means a study that results in a feasi-
bility report under section 905, and any associated 
environmental impact statement and mitigation 
plan, prepared by the Corps of Engineers for a 
water resources project. The term includes a study 
that results in a project implementation report pre-
pared under title VI of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2680–2694), a gen-
eral reevaluation report, and a limited reevaluation 
report.’’. 
(b) REPORTS.—
(1) PREPARATION.—Section 905(a) of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2282(a); 100 Stat. 4185) is amended—
(A) by striking ‘‘(a) In the case of any’’ 
and inserting the following: