Water Resources Development Act of 2004

Bill: 108-s-2773
Sponsor: Sen. Inhofe, James M. [R-OK]
Introduced: 2004-08-25 in the Senate
Policy area: Water Resources Development
Subjects: Agricultural research
Agriculture and Food
Alabama
Alaska
Animals
Aquatic ecology
Aquatic pests
Aquatic plants
Archaeology
Arizona
Arkansas
Armed Forces and National Security
Army Corps of Engineers
Arts, Culture, Religion
Authorization
Beaches
Boats and boating
Bridges
California
Canals
Cemeteries and funerals
Chesapeake Bay
Citizen participation
Coastal engineering
Coastal zone
Colleges
Colorado
Colorado River development
Columbia River development
Commemorations
Concessions
Congress
Congressional reporting requirements
Connecticut
Construction costs
Cost control
Cost effectiveness
Cultural property
Damages
Dams
Data banks
Decision making
Delaware
Department of Defense
Drainage
Dredging
Easements
Economic forecasting
Economic impact statements
Economics and Public Finance
Ecosystem management
Education
Electronic data interchange
Emergency Management
Employee training
Endangered species
Energy
Engineering
Environmental Protection
Environmental assessment
Environmental law enforcement
Estuaries
Everglades
Executive reorganization
Exotic animals
Exotic plants
Farm lands
Federal advisory bodies
Federal aid to education
Federal aid to the arts and humanities
Federal aid to water resources development
Federal-Indian relations
Finance and Financial Sector
Financial statements
Fish culture
Fishery management
Flood control
Flood damage prevention
Florida
Forest management
Freshwater resources conservation
Geographic information systems
Georgia
Government Operations and Politics
Government publicity
Government service contracts
Government trust funds
Governmental investigations
Great Lakes
Gulf of Mexico
Habitat conservation
Harbors
Higher education
Historic sites
Housing and Community Development
Hurricanes
Hydroelectric power
Hydrology
Idaho
Illinois
Indian lands
Indiana
Infrastructure
Inland water transportation
International Affairs
International cooperation
Internet
Interstate compacts
Iowa
Irrigation
Islands
Kentucky
Labor and Employment
Lakes
Land transfers
Landfills
Law
Leases
Licenses
Long Island Sound
Louisiana
Maine
Maintenance and repair
Marine and coastal resources, fisheries
Marine parks and reserves
Marine safety
Marine terminals
Maryland
Massachusetts
Merchant seamen
Michigan
Migratory bird conservation
Military base closures
Mine wastes
Minnesota
Minorities
Mississippi
Mississippi River
Missouri River development
Montana
Monuments and memorials
Museums
National parks
National recreation areas
Native Americans
Navigation
Nebraska
New Hampshire
New Jersey
New Mexico
New York City
New York State
Non-native species
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pacific States (U.S.)
Passenger ships
Pennsylvania
Pesticides
Planning
Power marketing administrations
Public Lands and Natural Resources
Recreation areas
Reforestation
Reservoirs
Restoration ecology
Revolving funds
Rhode Island
Right-of-way
Riparian ecology
Risk
River basin commissions
Rivers
Salmon
Science, Technology, Communications
Sediment control
Sedimentation
Selenium
Shellfish
Shore protection
Simulation methods
Soil conservation
Soil erosion
South Carolina
South Dakota
Sports and Recreation
State parks
Storms
Stream conservation
Technology transfer
Tennessee
Texas
Tourism
Transportation and Public Works
User charges
Vermont
Virginia
Washington State
Waste disposal in the ocean
Water conservation
Water districts
Water pollution control
Water quality
Water storage
Water supply
Waterfronts
Watersheds
Waterways
Web sites
Weeds
West Virginia
Wetlands
Wildlife conservation
Wildlife refuges
Wyoming

Summary:
action_date: 2004-08-25
text: 
Water Resources Development Act of 2004 - Sets forth provisions providing authorizations for, modifications to, deauthorizations of, and study requirements for inland waterway, port and harbor, flood damage reduction, coastal storm damage reduction, ecosystem restoration, environmental remediation, water storage, water quality, and watershed planning projects or programs throughout the country.
 
Authorizes the Secretary of the Army to: (1) engage in activities in support of foreign governments; and (2) include individuals from the private sector in Corps of Engineers training classes. Establishes the Corps of Engineers River Stewardship Commission. Directs: (1) the Secretary to establish within the civil works function of the Department of the Army a Water Resource Planning Council; (2) the Inspector General of the Army to convene an independent peer review panel; and (3) the Secretary to carry out a program to provide public access to water resource and related water quality data in the Corps' custody.
 
Directs the Secretary to: (1) carry out ecosystem restoration projects regarding the Upper Mississippi River and Illinois River; (2) develop a system to rank proposed projects; and (3) carry out (over at least a ten-year period) a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River. 
 
Establishes: (1) the Coastal Louisiana Ecosystem Protection and Restoration Task Force; and (2) a Coastal Louisiana Ecosystem Science and Technology Program. Directs the Secretary to establish a Science Board to review and comment on Program activities.
 
Enacts Executive Order 13340 entitled &quot;Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Significance for the Great Lakes.&quot;
 
Directs the Secretary to: (1) develop a general management plan for ecosystem restoration of the Upper Connecticut River ecosystem; and (2) complete work on the San Pablo Bay watershed, California.
 
Modifies provisions regarding the Mississippi River Headwaters Reservoir. Authorizes the Secretary to provide technical assistance to the Secretary of Agriculture to carry out the Conservation Corridor Demonstration Program, Delaware and Maryland. Designates the Division Engineer, North Atlantic Division, of the Corps, the ex officio U.S. member under the Susquehanna River Basin Compact and the Delaware River Basin Compact.

action_date: 2004-08-25
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Water Resources Development Act of 2004 - 
Title I: General Provisions
 - (Sec. 1001) Amends the Water Resources Development Act (WRDA) of 1986 to grant the Secretary of the Army authority to provide credit for in-kind services made by the non-Federal interest toward the non-Federal share of the cost of a project, including: (1) the costs of planning (including data collection), design, management, mitigation, construction, and construction services; and (2) the value of materials or services provided before execution of an agreement for the project.
 
(Sec. 1002) Amends the WRDA of 1996 to authorize the Secretary to engage in activities (including contracting) in support of other Federal agencies, international organizations, or foreign governments to address problems of national significance to the United States. Authorizes appropriations.
 
(Sec. 1003) Authorizes the Secretary to include individuals from the private sector in training classes and courses offered by the Army Corps of Engineers (Corps) if that it is in the Government's best interest.
 
(Sec. 1004) Amends the WRDA of 1999 to make permanent the demonstration recreation fee program for the Corps. Allows: (1) the Corps to retain 100 percent of the recreation fees it collects (currently just those above a baseline of $34 million per fiscal year); and (2) the fees to be used for planning. Requires: (1) 80 percent of the fees collected to be made available for expenditure by the Corps district in which they are collected; (2) the Secretary to charge and collect fees for admission or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services; and (3) fees to be based on the fair market value of the admission or use. Authorizes the Secretary to: (1) enter into contracts, including reasonable commissions, to provide visitor services; and (2) accept volunteer services to collect fees. Requires the Secretary to charge and collect rents for any lease with a non-Federal entity relating to project land. Directs that a lease be for an initial period of up to 25 years, subject to renewal for an additional 25-year period. Deems any recreation fees collected under this section to be in lieu of fees charged under any provision of law.
 
(Sec. 1005) Establishes the Corps of Engineers River Stewardship Commission to investigate and report to Congress within two years on the management of U.S. rivers by the Corps, with emphasis on factors including compliance with: (1) environmental laws; (2) the cultural resource laws that protect Native American sacred sites; and (3) the quality and objectivity of Corps' scientific, environmental, and economic analyses. Authorizes appropriations.
 
(Sec. 1006) Authorizes the Secretary, in coordination with States, tribal governments, and local governments, to carry out specified measures to more efficiently meet the water resource needs of areas affected by reservoirs, including: (1) conducting studies to identify unused or additional water storage capacity at reservoirs; (2) reviewing operational plans and implementing changes to improve water storage capacity and delivery to users; (3) improving data collection systems and forecast models; and (4) conducting sediment studies and implementing sediment management or removal measures.
 
Directs that all revenues collected in connection with reservoirs operated by the Corps for navigation, flood control, or multiple purpose projects, except revenues collected for recreation, be credited to the revolving fund under the Civil Functions Appropriations Act, 1954. Makes 80 percent of those revenues available within the Corps District in which they were generated to defray specified costs (including planning, operation, maintenance, replacements, and upgrades of, and emergency expenditures for facilities of projects within that District) and 20 percent available agency-wide for all Corps projects. Limits water supply storage fees.
 
Directs that: (1) power marketing administrators (other than the administrator of the Bonneville Power Administration) pay .22 cents per kilowatt-hour as reimbursement for the operation and maintenance expense associated with the project during FY 2005 through 2010; and (2) the Secretary report to specified congressional committees, detailing the estimated cost of operation and maintenance associated with hydroelectric facilities and recommending an appropriate reimbursement rate calculated on a per-kilowatt basis.
 
(Sec. 1007) Directs the Chief of Engineers (Chief) to report, annually, on the expenditures for the preceding fiscal year and estimated expenditures for the current fiscal year for general construction, operation and maintenance of inland and intracoastal waterways, general investigations, reconnaissance and feasibility studies, interagency and international support activities, recreation fees and lease payments, hydropower and water supply fees, the Inland Waterway and Harbor Maintenance Trust Funds, other revenues and fees, permit applications and notifications, and the project backlog.
 
(Sec. 1008) Amends the WRDA of 1986 to require the Secretary to assess the cost-effectiveness and compliance of each water resource project and each project increment with local, State, and national laws, regulations, and public policies. Requires the Secretary, in collaboration with the Water Resources Planning Council (established under the next section), to revise the Corps' planning guidelines, regulations, and circulars within 18 months and every five years thereafter to improve the analysis of water resources projects, including the integration of new and existing analytical techniques that properly reflect the probability of project benefits and costs. Lists cost-benefit analysis requirements. Limits the duration of feasibility reports to two years (normally), but in no case to longer than three years.
 
(Sec. 1009) Directs the Secretary to establish within the civil works function of the Department of the Army the Council to integrate planning policies that guide the use of economics, environmental, engineering, scientific, and technical information to support the recommendations of the Chief for implementation of water resources projects, including peer review of such information. Includes among the Council's duties to provide: (1) technical and managerial assistance to district engineers for project planning, development, and implementation; and (2) independent peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support the Secretary's decisions regarding feasibility studies. Lists eight specific actions the Council shall take regarding the water resources planning process. Sets forth reporting requirements. Authorizes appropriations.
 
(Sec. 1010) Requires the Army's Inspector General, prior to the submission of a project study or report required to be submitted to Congress for authorization, to convene an independent peer review panel that is sufficiently broad and diverse to fairly represent the relevant scientific perspectives and fields of knowledge. Requires each panel to: (1) review a project study or report required to be submitted to Congress for project authorization; (2) assess the adequacy of the economic, scientific, and environmental models used by the Secretary in reviewing the project; (3) address specific technical questions; and (4) submit to the Secretary a report concerning the economic, engineering, and environmental analyses of the project, including the panel's conclusions.
 
(Sec. 1011) Amends the WRDA of 1986 to require the Secretary, at a minimum, to acquire and restore the same number of acres of habitat that fully replace the hydrologic and ecological functions and characteristics of each acre of habitat adversely affected by a water resources project. Requires the specific mitigation plan for a project to include the recommended plan, specific time-dependent success criteria, a description of the land and interests to be used for mitigation, and a schedule for monitoring attempted mitigation implementation and evaluation and taking corrective actions in cases where mitigation efforts are not achieving the success criteria. Sets forth provisions regarding cost sharing and concurrent mitigation. Directs the Secretary to establish a mitigation tracking system.
 
(Sec. 1012) Amends the Flood Control Act of 1970 to rename project cooperation agreements as partnership agreements, allow district engineers to enter into such agreements, and allow partnership agreements to provide for liquidated damages. Requires that if the Secretary determines that a project needs to be continued for public health and safety purposes, the non-Federal interest shall pay the increased project costs up to 20 percent of the original estimated project costs and in accordance with the statutorily determined cost share, and the Secretary shall pay all increased costs remaining.
 
(Sec. 1013) Amends the WRDA of 1974 to authorizes the Secretary, at the request of a governmental agency or non-Federal interest, to provide technical assistance at Federal expense, up to $10 million a fiscal year. Eliminates the $500,000 State limitations and directs the Secretary, as part of the President's annual budget request, to submit a list of the individual activities proposed for funding.
 
(Sec. 1014) Directs the Secretary, acting through the Chief, to carry out a program to provide public access to water resource and related water quality data in the Corps' custody. Authorizes appropriations.
 

Title II: Navigation - Subtitle A: Inland Waterways - Chapter 1: Studies
 - Directs the Secretary, with respect to the deepening of the McClellan-Kerr Arkansas River Navigation Channel, to include consideration of: (1) the environmental impacts associated with transporting an equivalent quantity of foods on Federal, State, and country roads and alternative modes of transportation and alternative destinations; (2) impacts associated with air quality; (3) other human health and safety information; and (4) environmental and economic costs associated with the dredging of any site on the Channel to the extent that the site would be dredged if the Channel were authorized to a nine-foot depth. Directs the Secretary, in conjunction with Oklahoma State University, to convene a panel of experts to review the available scientific information regarding the genetic variation of various sturgeon species and possible hybrids that may exist in any portion of the Channel. Sets forth reporting requirements.
 

Chapter 2: Projects - Subchapter A: Authorizations
 - Authorizes the Secretary to carry out the project for the Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek, Chesapeake, Virginia, at a specified cost.
 

Subchapter B: Project Modifications
 - Directs the Secretary to construct a new project management office in Tuscaloosa, Alabama, at a location near the city, at full Federal expense. Authorizes appropriations.
 
(Sec. 2112) Modifies the project for navigation, Larkspur Ferry Channel, California, to direct the Secretary to prepare a limited reevaluation report to determine whether project maintenance is feasible.
 
(Sec. 2113) Authorizes the Secretary to dredge Redwood City Navigation Channel, California, on an annual basis, to maintain the authorized depth of -30 mean lower low water.
 
(Sec. 2114) Directs the Secretary to assume ownership of a replacement bridge and continue to operate and maintain the existing St. Georges Bridge, Delaware, in the absence of specific congressional authorization.
 
(Sec. 2115) Redefines the Federal navigation channel for the North Branch Channel portion of the Chicago River, Illinois, to be no wider than 66 feet.
 
(Sec. 2116) Modifies the project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, to permit the purchase of marginal farmland for reforestation and to incorporate wildlife and forestry management practices to improve species diversity on mitigation land that meets habitat goals and objectives of the Corps and Louisiana.
 
(Sec. 2117) Provides that the project for navigation, Fall River Harbor, Massachusetts and Rhode Island, shall remain authorized, subject to a limitation. Directs the Secretary to conduct a study to determine the feasibility of deepening a portion of the navigation channel of the project.
 
(Sec. 2118) Authorizes the Secretary, at full Federal expense, to carry out all planning, design, and construction for the demolition and removal of the Grace and Pearman Bridges over the Cooper River, South Carolina, and for using the remnants for the development of an aquatic reef off the shore of South Carolina. Authorizes appropriations.
 
(Sec. 2119) Authorizes the Secretary to convey or transfer, as part of the Plant Replacement and Improvement Program, the Corps' Equipment and Storage Yard located on Meeting Street in Charleston, South Carolina, in as-is condition for fair market value.
 
(Sec. 2120) Extinguishes the reversionary interests and use restrictions relating to recreation and camping purposes on the Secretary's land conveyance to the Tennessee Society of Crippled Children and Adults, Incorporated.
 
(Sec. 2121) Transfers administrative jurisdiction over the land acquired for the McNary Lock and Dam Project, McNary National Wildlife Refuge, Washington and Idaho, to the Secretary of the Interior.
 
(Sec. 2122) Amends the Fish and Wildlife Compensation Plan for the Lower Snake River, Washington and Idaho, to authorize the Secretary to conduct studies and implement aquatic and riparian ecosystem restorations and improvements specifically for fisheries and wildlife.
 
(Sec. 2123) Amends the WRDA of 1996 to increase authorized project costs for the Marmet Lock, Kanawha River, West Virginia.
 
(Sec. 2124) Authorizes navigation improvements and ecosystem restoration for the Upper Mississippi River and Illinois Waterway System.
 
(Sec. 2125) Amends the WRDA of 1992 to direct that the Lower Mississippi River Museum and Riverfront Interpretive Site be located on riverfront property in Vicksburg, Mississippi.
 
(Sec. 2126) Directs the Secretary to carry out over at least a ten-year period a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River.
 

Chapter 3: Project Deauthorizations
 - Deauthorizes the following projects: (1) Inland Waterway from the Delaware River to the Chesapeake Bay, Part II, installation of fender protection for bridges, Delaware and Maryland; (2) Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia; (3) Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana; (4) Eisenhower and Snell Locks, New York; (5) Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas; (6) Schuylkill River, Pennsylvania; (7) Lake of the Pines, Texas; (8) Tennessee Colony Lake, Texas; and (9) City Waterway, Tacoma, Washington.
 

Subtitle B: Ports and Harbors
 - 
Chapter 1: Continuing Authorities Programs
 - Increases the per project limit from $4 million to $7 million for the Navigation Enhancements for Waterbourne Transportation continuing authority program.
 

Chapter 2: Studies
 - Directs the Secretary to conduct a study of the ability of coastal or deepwater port infrastructure to meet current and projected national economic needs.
 

Chapter 3: Projects
 - 
Subchapter A: Authorizations
 - Authorizes projects at: (1) Akutan Harbor, Akutan, Alaska; (2) Haines Small Boat Harbor, Haines, Alaska; (3) St. Herman and St. Paul Harbors, Kodiak, Alaska; (4) Unalaska Small Boat Harbor, Unalaska, Alaska; (5) Miami Harbor, Miami, Florida; (6) Port of Iberia, Louisiana; and (7) Corpus Christi Ship Channel, Corpus Christi, Texas.
 

Subchapter B: Modifications
 - Modifies projects at: (1) Sitka, Alaska; (2) LA--3 Dredged Material Ocean Disposal Site Designation, and Port of San Francisco, California; (3) Charles Hervey Townshend Breakwater, Anchorage Area, New London Harbor, and Norwalk Harbor, Connecticut; (4) Jacksonville Harbor, Florida; (5) Richard Russell Lake, South Carolina; (6) Port of Lewiston, Idaho; (7) Chicago River and Harbor, Illinois; (8) Camp Ellis, Saco, and Union River, Maine; (9) Duluth Harbor, Minnesota; (10) New York Harbor, New York, New York; (11) Toussaint River Navigation Project, Carroll Township, Ohio; (12) Essayons and Yaquina Dredges, Oregon; (13) Cedar Bayou, Gulf Intracoastal Waterway, Brazos River to Port O'Connor, and Gulf Intracoastal Waterway, High Island to Brazos River, Texas; (14) Tangier Island Seawall, Virginia; and (15) Lower Granite Pool, Washington.
 

Subchapter C: Deauthorizations
 - Deauthorizes projects at: (1) Bridgport Harbor, Connecticut; (2) Muscatine Harbor, Iowa; (3) Bayou Lafourche and Lafourche Jump, Louisiana; (4) Northeast Harbor and Tenants Harbor, Maine; (5) Grand Haven Harbor, Michigan; (6) Greenville Harbor, Mississippi; (7) New York Harbor and Adjacent Channels, Claremont Terminal, Jersey City, New Jersey; (8) Olcott Harbor, Lake Ontario, and Outer Harbor, Buffalo, New York; (9) Manteo Bay, North Carolina; (10) Cleveland Harbor 1958 Act, Cleveland Harbor 1960 Act, and Cleveland Harbor, Uncompleted Portion of Cut #4, Ohio; (11) Columbia River, Seafarers Memorial, Hammond, Oregon; (12) Delaware River, Philadelphia, Pennsylvania to Trenton, New Jersey; (13) Narragansett Town Beach, Narragansett, and Quonset Point-Davisville, Rhode Island.
 

Title III: Flood and Coastal Storm Damage Reduction - Subtitle A: Flood Damage Reduction
 - 
Chapter 1: General Provisions
 - Amends the WRDA of 1996 to provide that, for specified projects that have completed construction, budget priority shall be proportionate to the percentage of project completion and a completed project shall have the same priority as a project with a contractor on site.
 

Chapter 2: Continuing Authorities Programs
 - Amends the Flood Control Act of 1946 to increase the annual program limit and the per project limit for the Protection and Restoration due to Emergencies at Shores and Streambanks continuing authority program.
 

Chapter 3: Studies
 - Directs the Secretary to carry out studies at: (1) Nicholas Canyon, Los Angeles, California; (2) St. Helena, California; (3) San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island, California; (4) South San Francisco Bay, California; (5) Lake Erie at Luna Pier, Michigan; and (6) Middle Bass Island State Park, Middel Bass Island, Ohio.
 

Chapter 4: Projects - Subchapter A: Authorizations
 - Authorizes projects at: (1) Pima County, Arizona (Tanque Verde Creek Project); (2) Hamilton City, California; (3) Middle Creek, Lake County, California; (4) Indian River Lagoon, South Florida; (5) Collier County, Florida (Picayune Strand Ecosystem Restoration); (6) Swope Park Industrial Area, Missouri; and (7) Southwest Valley, Albuquerque, New Mexico.
 

Subchapter B: Modifications
 - Modifies projects at: (1) St. Francis Basin, St. Francis Basin Land Transfer, and Red-Ouachita River Basin, Arkansas and Louisiana; (2) Augusta and Clarendon, Arkansas; (3) Cache Creek Basin, Llagas Creek, Magpie Creek, Sacramento and American Rivers Flood Control, Upper Guadalupe River, and Yuba River Basin, California; (4) Dworshak Reservoir and Little Wood River, Gooding, Idaho; (5) Cache River Levee and Spunky Bottom, Illinois; (6) Missouri and Illinois (flood protection projects reconstruction pilot program); (7) Cumberland Maryland; (8) Pike County, Missouri (land exchange); (9) Lake Girard Lake Dam, Ohio; (10) University of Oregon Museum of Natural History, Oregon; (11) Tioga Township, Pennsylvania; (12) Harris Fork Creek, Tennessee and Kentucky; (13) Nonconnah Weir, Memphis, Tennessee; (14) Harris County, Texas; (15) Chehalis River, Centralia, Washington; (16) Puget Island, Wahkiakum County, Washington (erosion control); and (17) Lower Mud River, Milton, West Virginia.
 

Subchapter C: Deauthorizations
 - Deauthorizes projects at: (1) Little Cove Creek, Glencoe, Alabama; (2) Winslow, Arizona; (3) Goleta and Vicinity, California; (4) Shingle Creek Basin, Florida; (5) Brevoort, Indiana; (6) Middle Wabash, Greenfield Bayou, Indiana; (7) Lake George, Hobart, Indiana; (8) Green Bay Levee and Drainage District No. 2, Iowa; (9) Eagle Creek Lake and Hazard, Kentucky; (10) Taylorsville Lake and West Kentucky Tributaries, Kentucky; (11) Bayou Cocodrie and Tributaries, Louisiana; (12) Eastern Rpides and South-Central Avoyelles Parishes, Louisiana; (13) Platte River Flood and Related Streambank Erosion Control, Nebraska; (14) Sugar Creek Basin, North Carolina and South Carolina; (15) Parker Lake, Muddy Boggy Creek, Oklahoma; (16) Chartiers Creek, Cannonsburg (Houston Reach Unit 2B), Pennsylvania; (17) Tioga-Hammond Lakes and Tamaqua, Pennsylvania; (18) Arroyo Colorado, Cypress Creek-Structural, Falfurrias, and Pecan Bayou Lake, Texas; (19) East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas; and (20) Kanawha River, Charleston, West Virginia.
 

Subtitle B: Coastal Storm Damage Reduction
 - 
Chapter 1: General Provisions
 - Directs the Secretary to revise the planning guidelines, regulations, and circulars of the Corps for the consideration and construction of beach replenishment projects involving large dredge and fill activities. Requires the regulations to meet specified requirements, including ensuring that beach replenishment projects do not harm reefs or other habitats identified as essential fish habitat and establishing standards for the timing of beach replenishment projects that are designed to avoid impacts to wildlife and habitat quality.
 
(Sec. 3402) Amends the WRDA of 1992 to authorize the Secretary, in connection with dredging for construction, operation, or maintenance of an authorized navigation project, to carry out projects for the transport and placement of suitable dredged material at locations identified in the plan, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, or rehabilitation of projects associated with navigation, flood damage reduction, hydroelectric power, municipal and industrial water supply, agricultural water supply, recreation, hurricane and storm damage reduction, aquatic plant control, and environmental protection and restoration. Directs the Secretary to: (1) develop plans for regional management of sediment dredged in conjunction with such projects; and (2) give priority to regional sediment management projects at specified locations in New York, California, and Ohio.
 
(Sec. 3403) Extends the national shoreline erosion control development and demonstration program.
 
(Sec. 3404) Declares it to be U.S. policy to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including 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, with preference given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal activities.
 

Chapter 2: Studies
 - Amends the WRDA of 2000 to extend the period for completion of the Oceanside, California, shoreline special study.
 

Chapter 3: Projects - Subchapter A: Authorizations
 - Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force to make recommendations to the Secretary regarding: (1) policies, strategies, and activities for addressing conservation, protection, restoration, and maintenance of the coastal Louisiana ecosystem; (2) financial plans for each of the agencies represented on the Task Force; and (3) submission to Congress of a biennial report that summarizes the Task Force's activities.
 
 Directs the Secretary to: (1) develop a comprehensive plan for the conservation, protection, restoration, and maintenance of that ecosystem; (2) initiate feasibility studies; (3) develop a plan for modification of the Mississippi River Gulf outlet that will address navigation interests, environmental restoration, and threats to life and property; and (4) reevaluate existing federally-authorized water resources projects in the coastal Louisiana ecosystem to determine whether they have the potential to contribute to ecosystem restoration through revised operations or modified project features.
 
Establishes a Coastal Louisiana Ecosystem Science and Technology Program. Directs: (1) the Secretary to establish a Science Board to provide periodic review and comment on program and project activities; and (2) the Office of the Director of the Coastal Louisiana Science and Technology Program to be established by the Secretary. Lists Program duties, including assessing the effects of coastal restoration measures and developing new technologies for ecosystem restoration activities. Sets forth requirements regarding costs and cost sharing, monitoring, and project justification.
 
(Sec. 3422) Authorizes the Secretary to carry out specified projects at: (1) Morganza, Louisiana to the Gulf of Mexico; (2) Manasquan Inlet to Barnegat Inlet, New Jersey; (3) South River, New Jersey; and (4) Montauk Point, New York (subject to a favorable final report of the Chief by December 31, 2004).
 
(Sec. 3426) Amends: (1) the Coastal Wetlands Planning, Protection, and Restoration Act by removing annual limits on expenditures of revenue generated from sport fishing fees; and (2) the Dingell-Johnson Sport Fish Restoration Act by extending the program by an additional ten years.
 

Subchapter B: Modifications
 - Modifies specified projects at: (1) Imperial Beach, California; (2) Lido Key Beach, Sarasota, Florida; and (3) Orchard Beach, Bronx, New York.
 

Subchapter C: Deauthorizations
 - Deauthorizes a project at Fort Livingston, Grand Terre Island, Louisiana.
 

Title IV: Ecosystem Restoration and Environmental Remediation Program - Subtitle A: Ecosystem Restoration
 - 
Chapter 1: General Provisions
 - Directs that costs incurred for monitoring for an ecosystem restoration project be cost-shared: (1) in accordance with the formula relating to the applicable original construction project; and (2) for a maximum period of ten years.
 
(Sec. 4002) Requires the Corps to include ecosystem restoration benefits in the calculation of benefits for the projects at Grayson's Creek, Seven Oaks, Oxford, Walnut Creek, and Wildcat Phase II, California.
 
(Sec. 4003) Enacts Executive Order 13340 (establishing the Great Lakes Interagency Task Force).
 

Chapter 2: Continuing Authorities Programs
 - Amends the WRDA of: (1) 1996 to increase the annual appropriations for the Restoration of the Environment for Protection of Aquatic and Riparian Ecosystem Program; and (2) 1986 to increase the annual appropriations for the Environmental Modification of Projects for Improvement and Restoration of Ecosystems Program.
 
(Sec. 4103) Authorizes the Secretary to carry out an estuary habitat restoration project if the Secretary determines that the project will improve the elements and features of an estuary, is in the public interest, and is cost-effective. Sets the non-Federal share of construction costs at 35 percent. Authorizes appropriations, subject to a cost limitation.
 

Chapter 3: Studies - Subchapter A: Study Authorizations
 - Directs the Secretary, at full Federal expense, to: (1) determine whether a dispersal barrier project at Lake Champlain Canal, Vermont and New York, is feasible and, if so, to construct, maintain, and operate it; and (2) carry out a study to develop national protocols for the use of the Euhrychiopsis lecontei weevil for biological control of Eurasian milfoil in the lakes of Vermont and other northern tier States.
 

Subchapter B: Study Modifications
 - Directs the Secretary to complete work on the San Pablo watershed, California, study (watershed restoration) and to report to Congress by March 31, 2008.
 

Chapter 4: Projects - Subchapter A: Authorizations
 - Authorizes projects at Matilija Dam, Ventura County, and Napa River Salt Marsh, California. Directs the Secretary to participate with State and local agencies in implementing a cooperative program to improve and manage fisheries and aquatic habitat conditions in Pine Flat Reservoir and in the vicinity of Pine Flat Dam.
 
(Sec. 4304) Directs the Secretary to review the preferred restoration concept plan approved by the Salton Sea Authority (California) to determine that the pilot projects are economically justified, technically sound, and environmentally acceptable and meet objectives of the Salton Sea Reclamation Act (and if so, authorizes the Secretary to enter an agreement with the Authority and carry out pilot projects to improve the environment of the Salton Sea). Requires the non-Federal interest to pay 35 percent of total costs of the pilot project. Authorizes appropriations.
 
(Sec. 4305) Authorizes projects at: (1) South Platte River, Denver, Colorado; (2) the Chicago Sanitary and Ship Canal Dispersal Barriers Project, Illinois; and (3) Smith Island, Maryland.
 
(Sec. 4308) Directs the Secretary, at a 65 percent Federal cost share, to study and develop: (1) a general management plan for ecosystem restoration of the Upper Connecticut River Ecosystem, New Hampshire and Vermont; and (2) a strategy for the use of wetland restoration, soil and water conservation practices, and nonstructural measures to reduce flood damage, improve water quality, and create wildlife habitat in the Upper Connecticut River watershed. Authorizes appropriations.
 
(Sec. 4310) Authorizes projects at: (1) Jamaica Bay, Queens and Brooklyn, New York; (2) Long Island Sound, New York and Connecticut (oyster restoration); (3) the Upper Willamette River watershed, Oregon; (4) Riverside Oxbox, Fort Worth, Texas; (5) Connecticut River Dams, Vermont. Authorizes appropriations.
 

Subchapter B: Modifications
 - Modifies a project at Hamilton Airfield, California.
 
(Sec. 4322) Authorizes a land exchange at Allatoona Lake, Georgia.
 
(Sec. 4323) Amends the WRDA of 2000 to authorize the Secretary to share costs of projects with nonprofit entities, with the consent of the affected local government, to develop a program implementation plan of the Ohio River Basin (excluding the Tennessee and Cumberland River Basins) and to initiate a completed pilot program in Lower Scioto Basin, Ohio.
 
(Sec. 4324) Modifies the public access features of the Atchafalaya Basin Floodway System, Louisiana, Project.
 
(Sec. 4325) Amends the WRDA of 1999 to increase the authorized project cost for the ecosystem restoration project, Onondaga Lake, New York. 
 
(Sec. 4326) Amends the WRDA of 2000 to reauthorize appropriations for Missouri River restoration, North Dakota. 
 
(Sec. 4327) Amends the WRDA of 1996 to require the Secretary to enter into cost sharing and project cooperation agreements with Federal, State, and local governments (with the consent of the State and local governments), land trusts, or nonprofit organizations with expertise in wetland restoration, with respect to the Upper Susquehanna River Basin, Pennsylvania and New York.
 
(Sec. 4328) Amends the WRDA of 1999 to require: (1) the Secretary of the Treasury to make funds available to the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund; and (2) the investment of funds in Treasury obligations with differing maturities.
 
(Sec. 4329) Amends the WRDA of 2000 to require that members of the Missouri River Trust Recommended by the Governor of South Dakota include representatives from rural water systems. Rreauthorizes appropriations. 
 
(Sec. 4330) Amends the WRDA of 1999 to reauthorize appropriations for the Missouri and Middle Mississippi Rivers enhancement project.
 
(Sec. 4331) Directs the Secretary to revise the existing General Design Memorandum prepared under the River and Harbor Act of 1958 to permit the use of chemical means of control of Eurasian milfoil and water chestnuts in the Lake Champlain Basin, Vermont.
 
(Sec. 4332) Amends the WRDA of 2000 to identify additional activities that may be considered critical restoration projects, including river corridor assessment and geographic mapping using existing technical capacity to produce a high-resolution, multispectral satellite imagery-based land use and cover data set.
 
(Sec. 4333) Amends the WRDA of 1986 to: (1) increase authorizations and to modify allowable activities (regarding oyster restoration) to be conducted in the Chesapeake Bay, Virginia and Maryland; and (2) include additional sites in Illinois, North Dakota, and Vermont.
 
(Sec. 4335) Amends the Estuary Restoration Act of 2000 to expand the purposes of the restoration program to include the implementation of a coordinated Federal approach to estuary habitat restoration. Includes monitoring costs as part of the total costs of an estuary restoration project. Directs the Secretary to consider delegating implementation of certain small projects to the Secretary of the Interior and the Under Secretary for Oceans and Atmosphere.
 

Subchapter C: Deauthorizations
 - Deauthorizes: (1) the Dog River Pilot Project, Alabama; and (2) a project to modify the Central and Southern Florida project to improve water supply to the Everglades National Park, Florida.
 

Subtitle B: Environmental Remediation
 - 
Chapter 1: Continuing Authorities Programs
 - Amends the WRDA of 1999 to expand the Remediation of Abandoned Mine Sites program to: (1) authorize the Secretary to perform construction activities associated with remediation of abandoned mines; (2) include nonprofit entities within the non-Federal interest (with the consent of the affected local government); (3) adjust the cost share requirement; and (4) define the operation and maintenance costs to be 100 percent non-Federal. Authorizes appropriations.
 

Chapter 2: Modifications
 - Amends the WRDA of 1999 to increase the total project cost for environmental remediation, Front Royal, Virginia.
 

Title V: Water Storage and Water Quality - Subtitle A: Water Storage Program 
- 
Chapter 1: 

Continuing Authorities Programs
 - Authorizes the Secretary to carry out a small dam removal or rehabilitation project if the Secretary determines that the project will improve the quality of the environment or is in the public interest. Sets the non-Federal share of the cost at 35 percent. Authorizes appropriations.
 

Chapter 2: Studies
 - Directs the Secretary to conduct regional and watershed-wide studies to address selenium concentrations in Colorado. Authorizes appropriations.
 

Chapter 3: Projects - Subchapter A: Modifications
 - Directs the Secretary to offer to convey to Missouri specified land purchased for the Union Lake Project that was deauthorized.
 
(Sec. 5302) Amends the WRDA of 2000 to increase the amount authorized for appropriation for the design and construction of a fish hatchery and associated facilities at Fort Peck Lake, Montana.
 
(Sec. 5303) Directs that payments made by the city of Edmond, Oklahoma to the Secretary in October 1999 of all costs associated with water storage costs at Arcadia Lake satisfy the city's obligations under that contract.
 
(Sec. 5304) Sets the remaining obligation of the Waurika Project Master Conservancy District payable to the U.S. Government at the amounts, rates of interest, and payment schedules that existed on June 3, 1986.
 
(Sec. 5305) Amends the WRDA of 2000 to add ecosystem restoration, protection, and preservation as a purpose of the dam remediation authority. Identifies nine additional dams to be evaluated. 
 
(Sec. 5306) Amends the WRDA of 1988 to allow the Secretary to operate the Mississippi River Headwaters Reservoirs below the minimum or above the maximum water levels established in accordance with water control regulation manuals, after consultation with the Governor of Minnesota and affected tribal governments, landowners, and commercial and recreational users.
 

Subchapter B: Deauthorizations
 - Deauthorizes the project for recreation facilities at Big South Fork National River and Recreational Area, Kentucky and Tennessee.
 

Subtitle B: Water Quality
 - 
Chapter 1: General Provisions
 - Amends the WRDA of 2000 to eliminate the expiration of the program for expediting the evaluation and processing of permits.
 
(Sec. 5402) Directs the Secretary to establish procedures to allow electronic submission of applications for permits under the Corps' jurisdiction.
 

Chapter 2: Deauthorization of Projects
 - Deauthorizes projects at: (1) Bridgeport, Hartford, and New Haven, Connecticut; (2) Casco Bay, Portland, Penobscot River, Bangor, and Saint John River Basin, Maine; and (3) Epping and Manchester, New Hampshire.
 

Subtitle C: Watershed Planning Programs
 - Authorizes the Secretary to provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program.
 
(Sec. 5452) Designates the Division Engineer, North Atlantic Division, of the Corps as the ex officio U.S. member under the Susquehanna River Basin Compact and the Delaware River Basin Compact. Directs the Secretary to allocate funds to the Susquehanna River Basin Commission. Directs the Secretary to enter into an agreement with the Delaware River Basin Commission to provide temporary water storage at the Francis E. Walter Dam, Pennsylvania, during any period in which a drought warning or drought emergency exists.


Legislative actions:
action_date: 2004-08-25
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 672.
action_date: 2004-08-25
text: Committee on Environment and Public Works. Original measure reported to Senate by Senator Inhofe under authority of the order of the Senate of 07/22/04. With written report No. 108-314.
action_date: 2004-08-25
text: Committee on Environment and Public Works. Original measure reported to Senate by Senator Inhofe under authority of the order of the Senate of 07/22/04. With written report No. 108-314.
action_date: 2004-08-25
text: Introduced in Senate