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(b)(2)(B) and not more than $43,000,000 shall be 
available for projects described in subsection (b)(2)(J). 
(2) LIMITATION ON AVAILABLE FUNDS.—Of the 
amounts made available under paragraph (1), not 
more than $35,000,000 in any fiscal year may be 
used for land acquisition under subsection (b)(4). 
(3) INDIVIDUAL PROJECT LIMIT.—Other than for 
projects described in subparagraphs (B) and (J) of 
subsection (b)(2), the total cost of any single project 
carried out under this subsection shall not exceed 
$25,000,000. 
(e) IMPLEMENTATION REPORTS.—
(1) IN GENERAL.—Not later than June 30, 2007, 
and every 4 years thereafter, the Secretary shall sub-
mit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives an implementation report that—
(A) includes baselines, milestones, goals, 
and priorities for ecosystem restoration projects; 
and 
(B) measures the progress in meeting the 
goals. 
(2) ADVISORY PANEL.—
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(A) IN GENERAL.—The Secretary shall ap-
point and convene an advisory panel to provide 
independent guidance in the development of each 
implementation report under paragraph (1). 
(B) PANEL
MEMBERS.—Panel members 
shall include—
(i) 1 representative of each of the State 
resource agencies (or a designee of the Gov-
ernor of the State) from each of the States 
of Illinois, Iowa, Minnesota, Missouri, and 
Wisconsin; 
(ii) 1 representative of the Department 
of Agriculture; 
(iii) 1 representative of the Depart-
ment of Transportation; 
(iv) 1 representative of the United 
States Geological Survey; 
(v) 1 representative of the United 
States Fish and Wildlife Service; 
(vi) 1 representative of the Environ-
mental Protection Agency; 
(vii) 1 representative of affected land-
owners; 
(viii) 2 representatives of conservation 
and environmental advocacy groups; and
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(ix) 2 representatives of agriculture 
and industry advocacy groups. 
(C) CHAIRPERSON.—The Secretary shall 
serve as chairperson of the advisory panel. 
(D) APPLICATION
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Advisory Panel and any 
working group established by the Advisory Panel 
shall not be considered an advisory committee 
under the Federal Advisory Committee Act (5 
U.S.C. App.). 
(f) RANKING SYSTEM.—
(1) IN GENERAL.—The Secretary, in consultation 
with the Advisory Panel, shall develop a system to 
rank proposed projects. 
(2) PRIORITY.—The ranking system shall give 
greater weight to projects that restore natural river 
processes, including those projects listed in subsection 
(b)(2). 
SEC. 8005. COMPARABLE PROGRESS. 
(a) IN GENERAL.—As the Secretary conducts pre-engi-
neering, design, and construction for projects authorized 
under this title, the Secretary shall—
(1) select appropriate milestones; and
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(2) determine, at the time of such selection, 
whether the projects are being carried out at com-
parable rates. 
(b) NO COMPARABLE RATE.—If the Secretary deter-
mines under subsection (a)(2) that projects authorized 
under this subsection are not moving toward completion at 
a comparable rate, annual funding requests for the projects 
shall be adjusted to ensure that the projects move toward 
completion at a comparable rate in the future.
Union Calendar No. 94
109TH CONGRESS 
1ST SESSION 
H. R. 2864
[Report No. 109–154] 
A BILL 
To provide for the conservation and development of 
water and related resources, to authorize the Sec-
retary of the Army to construct various projects 
for improvements to rivers and harbors of the 
United States, and for other purposes. 
JUNE 24, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed