195
tion of the 1962 Army/Interior Joint Acquisition 
Policy; and 
(B) such other rights and interests in and 
to the real property to be conveyed as the Sec-
retary considers necessary for authorized project 
purposes, including easement rights-of-way to re-
maining Federal land. 
(4) NO EFFECT ON SHORE MANAGEMENT POL-
ICY.—The Shoreline Management Policy (ER–1130–
2–406) of the Corps of Engineer shall not be changed 
or altered for any proposed development of land con-
veyed under this subsection. 
(5) COST SHARING.—In carrying out the convey-
ance under this subsection, the Secretary and the 
State shall comply with all obligations of any cost-
sharing agreement between the Secretary and the 
State with respect to the real property described in 
paragraph (2) in effect as of the date of the convey-
ance. 
(6) LAND NOT CONVEYED.—The State shall con-
tinue to manage the real property described in para-
graph (3) not conveyed under this subsection in ac-
cordance with the terms and conditions of Army 
Lease Number DACW21–1–92–0500. 
(g) GENERALLY APPLICABLE PROVISIONS.—
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(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
The exact acreage and the legal description of any 
real property to be conveyed under this section shall 
be determined by a survey that is satisfactory to the 
Secretary. 
(2) APPLICABILITY
OF
PROPERTY
SCREENING 
PROVISIONS.—Section 2696 of title 10, United States 
Code, shall not apply to any conveyance under this 
section. 
(3) ADDITIONAL TERMS AND CONDITIONS.—The 
Secretary may require that any conveyance under 
this section be subject to such additional terms and 
conditions as the Secretary considers appropriate and 
necessary to protect the interests of the United States. 
(4) COSTS OF CONVEYANCE.—An entity to which 
a conveyance is made under this section shall be re-
sponsible for all reasonable and necessary costs, in-
cluding real estate transaction and environmental 
documentation costs, associated with the conveyance. 
(5) LIABILITY.—An entity to which a conveyance 
is made under this section 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. The United 
States shall remain responsible for any liability with
197
respect to activities carried out, before such date, on 
the real property conveyed. 
SEC. 3130. EXTINGUISHMENT OF REVERSIONARY INTER-
ESTS AND USE RESTRICTIONS. 
(a) IDAHO.—
(1) IN GENERAL.—With respect to the property 
covered by each deed in paragraph (2)—
(A) the reversionary interests and use re-
strictions relating to port and industrial use 
purposes are extinguished; 
(B) the restriction that no activity shall be 
permitted that will compete with services and fa-
cilities offered by public marinas is extinguished; 
(C) the human habitation or other building 
structure use restriction is extinguished if the 
elevation of the property is above the standard 
project flood elevation; and 
(D) the use of fill material to raise areas of 
the property above the standard project flood ele-
vation is authorized, except in any area for 
which a permit under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) is 
required.
198
(2) AFFECTED DEEDS.—The deeds with the fol-
lowing county auditor’s file numbers are referred to 
in paragraph (1): 
(A) Auditor’s Instruments No. 399218 and 
No. 399341 of Nez Perce County, Idaho—2.07 
acres. 
(B) Auditor’s Instruments No. 487437 and 
No. 339341 of Nez Perce County, Idaho—7.32 
acres. 
(b) OLD HICKORY LOCK
AND DAM, CUMBERLAND 
RIVER, TENNESSEE.—
(1) RELEASE OF RETAINED RIGHTS, INTERESTS, 
RESERVATIONS.—With respect to land conveyed by 
the Secretary to the Tennessee Society of Crippled 
Children and Adults, Incorporated (now 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 the use restrictions re-
lating to recreation and camping purposes are extin-
guished. 
(2) INSTRUMENT OF RELEASE.—As soon as pos-
sible after the date of enactment of this Act, the Sec-
retary shall execute and file in the appropriate office 
a deed of release, amended deed, or other appropriate
199
instrument effectuating the release of interests re-
quired by paragraph (1). 
(c) PORT OF PASCO, WASHINGTON.—
(1) EXTINGUISHMENT
OF
USE
RESTRICTIONS 
AND FLOWAGE EASEMENT.—With respect to the prop-
erty covered by the deed in paragraph (3)(A)—
(A) the flowage easement and human habi-
tation or other building structure use restriction 
is extinguished if the elevation of the property is 
above the standard project flood elevation; and 
(B) the use of fill material to raise areas of 
the property above the standard project flood ele-
vation is authorized, except in any area for 
which a permit under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) is 
required. 
(2) 
EXTINGUISHMENT
OF
FLOWAGE
EASE-
MENT.—With respect to the property covered by each 
deed in paragraph (3)(B), the flowage easement is ex-
tinguished if the elevation of the property is above the 
standard project flood elevation. 
(3) AFFECTED DEEDS.—The deeds referred to in 
paragraphs (1) and (2) are as follows: 
(A) Auditor’s File Number 262980 of 
Franklin County, Washington.
200
(B) Auditor’s File Numbers 263334 and 
404398 of Franklin County, Washington. 
(d) NO EFFECT ON OTHER RIGHTS.—Nothing in this 
section affects the remaining rights and interests of the 
Corps of Engineers for authorized project purposes. 
TITLE IV—STUDIES 
SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 
Section 455 of the Water Resources Development Act 
of 1999 (42 U.S.C. 1962d–21) is amended by adding at the 
end the following: 
‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The non-
Federal interest may provide up to 100 percent of the non-
Federal share required under subsection (f) in the form of 
in-kind services and materials.’’. 
SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 
SITES. 
The Secretary shall conduct a study to determine the 
nature and frequency of avian botulism problems in the vi-
cinity of Lake Erie associated with dredged material dis-
posal sites and shall make recommendations to eliminate 
the conditions that result in such problems. 
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 
STUDY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of the Interior, the Secretary of Agri-
201
culture, the Secretary of Commerce, and other appropriate 
agencies, shall conduct, at Federal expense, a comprehensive 
study of drought conditions in the southwestern United 
States, with a particular emphasis on the Colorado River 
basin, the Rio Grande River basin, and the Great Basin. 
(b) INVENTORY OF ACTIONS.—In conducting the study, 
the Secretary shall assemble an inventory of actions taken 
or planned to be taken to address drought-related situations 
in the southwestern United States. 
(c) PURPOSE.—The purpose of the study shall be to 
develop recommendations to more effectively address current 
and future drought conditions in the southwestern United 
States. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section $7,000,000. Such funds shall remain available 
until expended. 
SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE 
PLAN. 
Section 459(e) of the Water Resources Development Act 
of 1999 (113 Stat. 333; 114 Stat. 2635) is amended by 
striking ‘‘3 years after the first date on which funds are 
appropriated to carry out this section’’ and inserting ‘‘De-
cember 30, 2006’’.
202
SEC. 4005. KNIK ARM, COOK INLET, ALASKA. 
The Secretary shall conduct, at Federal expense, a 
study to determine the potential impacts on navigation of 
construction of a bridge across Knik Arm, Cook Inlet, Alas-
ka. 
SEC. 4006. KUSKOKWIM RIVER, ALASKA. 
The Secretary shall conduct a study to determine the 
feasibility of carrying out a project for navigation, 
Kuskokwim River, Alaska, in the vicinity of the village of 
Crooked Creek. 
SEC. 4007. ST. GEORGE HARBOR, ALASKA. 
The Secretary shall conduct, at Federal expense, a 
study to determine the feasibility of providing navigation 
improvements at St. George Harbor, Alaska. 
SEC. 4008. SUSITNA RIVER, ALASKA. 
The Secretary shall conduct a study to determine the 
feasibility of carrying out a project for hydropower, recre-
ation, and related purposes on the Susitna River, Alaska. 
SEC. 4009. GILA BEND, MARICOPA, ARIZONA. 
The Secretary shall conduct a study to determine the 
feasibility of carrying out a project for flood damage reduc-
tion, Gila Bend, Maricopa, Arizona. In conducting the 
study, the Secretary shall review plans and designs devel-
oped by non-Federal interests and shall incorporate such 
plans and designs into the Federal study if the Secretary
203
determines that such plans and designs are consistent with 
Federal standards. 
SEC. 4010. SEARCY COUNTY, ARKANSAS. 
The Secretary shall conduct a study to determine the 
feasibility of using Greers Ferry Lake as a water supply 
source for Searcy County, Arkansas. 
SEC. 4011. DRY CREEK VALLEY, CALIFORNIA. 
The Secretary shall conduct a study to determine the 
feasibility of carrying out a project to provide recycled 
water for agricultural water supply, Dry Creek Valley, 
California, including a review of the feasibility of expand-
ing the Geysers recharge project north of Healdsburg, Cali-
fornia. 
SEC. 4012. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 
The Secretary shall conduct a study of the Elkhorn 
Slough estuary, California, to determine the feasibility of 
conserving, enhancing, and restoring estuarine habitats by 
developing strategies to address hydrological management 
issues. 
SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, CALI-
FORNIA. 
The Secretary shall conduct a study to determine the 
feasibility of carrying out a project for water supply for 
Fresno, Kings, and Kern Counties, California.