[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5428 Reported in House (RH)]
Union Calendar No. 447
107th CONGRESS
2d Session
H. R. 5428
[Report No. 107-717]
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2002
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Duncan, and Mr.
DeFazio) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
October 2, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 23, 2002]
_______________________________________________________________________
A BILL
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2002''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the
environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
TITLE II--GENERAL PROVISIONS
Sec. 201. Annual passes for recreation.
Sec. 202. Non-Federal contributions.
Sec. 203. Harbor cost sharing.
Sec. 204. Funding to process permits.
Sec. 205. National shoreline erosion control development and
demonstration program.
Sec. 206. Written agreement for water resources projects.
Sec. 207. Assistance for remediation, restoration, and reuse.
Sec. 208. Compilation of laws.
Sec. 209. Dredged material disposal.
Sec. 210. Wetlands mitigation.
Sec. 211. Remote and subsistence harbors.
Sec. 212. Beneficial uses of dredged material.
Sec. 213. Cost sharing provisions for certain areas.
Sec. 214. Revision of project cooperation agreement.
Sec. 215. Cost sharing.
Sec. 216. Credit for work performed before cooperation agreement.
Sec. 217. Recreation user fee revenues.
Sec. 218. Expedited actions for emergency flood damage reduction.
Sec. 219. Watershed and river basin assessments.
Sec. 220. Tribal partnership program.
Sec. 221. Treatment of certain separable elements.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Cook Inlet, Anchorage Harbor, Alaska.
Sec. 302. Galena, Alaska.
Sec. 303. King Cove Harbor, Alaska.
Sec. 304. St. Paul Harbor, Alaska.
Sec. 305. Sitka, Alaska.
Sec. 306. Tatilek, Alaska.
Sec. 307. American and Sacramento Rivers, California.
Sec. 308. Cache Creek Basin, California.
Sec. 309. Grayson Creek/Murderer's Creek, California.
Sec. 310. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 311. Los Angeles Harbor, Los Angeles, California.
Sec. 312. Larkspur Ferry Channel, Larkspur, California.
Sec. 313. Napa River Salt Marsh Restoration, Napa River, California.
Sec. 314. Pacific Flyway Center, Sacramento, California.
Sec. 315. Pinole Creek, California.
Sec. 316. Prado Dam, California.
Sec. 317. Sacramento Deep Water Ship Channel, California.
Sec. 318. Sacramento River, Glenn-Colusa, California.
Sec. 319. San Lorenzo River, California.
Sec. 320. Terminus Dam, Kaweah River, California.
Sec. 321. Upper Guadalupe River, California.
Sec. 322. Walnut Creek Channel, California.
Sec. 323. Wildcat/San Pablo Creek Phase I, California.
Sec. 324. Wildcat/San Pablo Creek Phase II, California.
Sec. 325. Brevard County, Florida.
Sec. 326. Gasparilla and Estero Islands, Florida.
Sec. 327. Lido Key Beach, Sarasota, Florida.
Sec. 328. Manatee Harbor, Florida.
Sec. 329. Rose Bay, Volusia County, Florida.
Sec. 330. Tampa Harbor, Florida.
Sec. 331. Tampa Harbor-Big Bend Channel, Florida.
Sec. 332. Little Wood River, Gooding, Idaho.
Sec. 333. Indiana Harbor, Indiana.
Sec. 334. Little Calumet River, Indiana.
Sec. 335. Little Calumet River Basin (Cady Marsh Ditch), Indiana.
Sec. 336. Long Lake, Indiana.
Sec. 337. White River, Indiana.
Sec. 338. Wolf Lake, Indiana.
Sec. 339. Harlan County, Kentucky.
Sec. 340. Amite River and Tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 341. J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana.
Sec. 342. Mississippi Delta Region, Louisiana.
Sec. 343. West Bank of the Mississippi River (east of Harvey Canal),
Louisiana.
Sec. 344. Union River, Maine.
Sec. 345. Cass River, Spaulding Township, Michigan.
Sec. 346. Detroit River Shoreline, Detroit, Michigan.
Sec. 347. Water Resources Institute, Muskegon, Michigan.
Sec. 348. Saginaw River, Bay City, Michigan.
Sec. 349. Ada, Minnesota.
Sec. 350. Duluth Harbor, Mcquade Road, Minnesota.
Sec. 351. Granite Falls, Minnesota.
Sec. 352. Red Lake River, Minnesota.
Sec. 353. Silver Bay, Minnesota.
Sec. 354. Taconite Harbor, Minnesota.
Sec. 355. Two Harbors, Minnesota.
Sec. 356. Bois Brule Drainage and Levee District, Missouri.
Sec. 357. Turkey Creek Basin, Kansas City, Missouri, and Kansas City,
Kansas.
Sec. 358. Orchard Beach, Bronx, New York.
Sec. 359. Times Beach, Buffalo, New York.
Sec. 360. Port of New York and New Jersey, New York and New Jersey.
Sec. 361. New York State Canal System.
Sec. 362. Ashtabula River, Ohio.
Sec. 363. Willamette River Temperature Control, Mckenzie Subbasin,
Oregon.
Sec. 364. Lackawanna River at Olyphant, Pennsylvania.
Sec. 365. Lackawanna River at Scranton, Pennsylvania.
Sec. 366. Raystown Lake, Pennsylvania.
Sec. 367. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 368. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 369. South Central Pennsylvania.
Sec. 370. Wyoming Valley, Pennsylvania.
Sec. 371. Little Limestone Creek, Jonesborough, Tennessee.
Sec. 372. Bowie County Levee, Texas.
Sec. 373. Lower Rio Grande Basin, Texas.
Sec. 374. North Padre Island, Corpus Christi Bay, Texas.
Sec. 375. San Antonio Channel, San Antonio, Texas.
Sec. 376. Elizabeth River, Chesapeake, Virginia.
Sec. 377. Great Bridge, Chesapeake, Virginia.
Sec. 378. Roanoke River Upper Basin, Virginia.
Sec. 379. Blair and Sitcum Waterways, Tacoma Harbor, Washington.
Sec. 380. Greenbrier River Basin, West Virginia.
Sec. 381. Manitowoc Harbor, Wisconsin.
Sec. 382. Continuation of project authorizations.
Sec. 383. Project reauthorization.
Sec. 384. Project deauthorizations.
Sec. 385. Land conveyances.
Sec. 386. Extinguishment of reversionary interests and use
restrictions.
TITLE IV--STUDIES
Sec. 401. Great Lakes navigation system.
Sec. 402. John Glenn Great Lakes basin program.
Sec. 403. St. George Harbor, Alaska.
Sec. 404. Upper Mississippi River and Illinois Waterway, Illinois,
Iowa, Minnesota, Missouri, and Wisconsin.
Sec. 405. Hamilton, California.
Sec. 406. Oceanside, California.
Sec. 407. Sacramento River, California.
Sec. 408. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 409. Tybee Island, Georgia.
Sec. 410. Calumet Harbor, Illinois.
Sec. 411. Paducah, Kentucky.
Sec. 412. West Feliciana Parish, Louisiana.
Sec. 413. City of Mackinac Island, Michigan.
Sec. 414. Chicago, Illinois.
Sec. 415. Mississippi River, Missouri and Illinois.
Sec. 416. Arthur Kill Channel and Morses Creek to Perth Amboy, New
Jersey.
Sec. 417. Pueblo of Zuni, New Mexico.
Sec. 418. Hudson-Raritan Estuary, New York and New Jersey.
Sec. 419. Lake Carl Blackwell, Stillwater, Oklahoma.
Sec. 420. Sac and Fox Nation, Oklahoma.
Sec. 421. Sutherlin, Oregon
Sec. 422. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 423. Northeastern Pennsylvania aquatic ecosystem restoration and
protection.
Sec. 424. Brownsville Ship Channel, Texas.
Sec. 425. Sabine Pass to Galveston Bay, Texas.
Sec. 426. Chehalis River Basin, Washington.
Sec. 427. Sprague, Lincoln County, Washington.
Sec. 428. Monongahela River basin, northern West Virginia.
Sec. 429. Wauwatosa, Wisconsin.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Maintenance of navigation channels.
Sec. 502. Watershed management.
Sec. 503. Dam safety.
Sec. 504. Structural integrity evaluations.
Sec. 505. Flood mitigation priority areas.
Sec. 506. Additional assistance for authorized projects.
Sec. 507. Expedited completion of reports and construction for certain
projects.
Sec. 508. Expedited completion of reports for certain projects.
Sec. 509. Southeastern water resources assessment.
Sec. 510. Upper Mississippi River environmental management program.
Sec. 511. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 512. Membership of Missouri River Trust.
Sec. 513. Watershed management, restoration, and development.
Sec. 514. Great Lakes fishery and ecosystem restoration.
Sec. 515. Susquehanna, Delaware, and Potomac River basins.
Sec. 516. Chesapeake Bay environmental restoration and protection
program.
Sec. 517. Montgomery, Alabama.
Sec. 518. Alaska.
Sec. 519. Akutan Small Boat Harbor, Alaska.
Sec. 520. Lowell Creek Tunnel, Seward, Alaska.
Sec. 521. St. Herman Harbor, Kodiak, Alaska.
Sec. 522. Augusta and Clarendon, Arkansas.
Sec. 523. Loomis Landing, Arkansas.
Sec. 524. St. Francis River basin, Arkansas and Missouri.
Sec. 525. Cambria, California.
Sec. 526. East San Joaquin County, California.
Sec. 527. Harbor/South Bay, California.
Sec. 528. Sacramento Area, California.
Sec. 529. San Francisco, California.
Sec. 530. San Francisco, California, waterfront area.
Sec. 531. Stockton, California.
Sec. 532. Everglades restoration, Florida.
Sec. 533. Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia.
Sec. 534. Riley Creek recreation area, Idaho.
Sec. 535. Grand Tower drainage and levees, Grand Tower Township,
Illinois.
Sec. 536. Kaskaskia River basin, Illinois, restoration.
Sec. 537. Natalie Creek, Midlothian and Oak Forest, Illinois.
Sec. 538. Illinois River basin restoration.
Sec. 539. Calumet region, Indiana.
Sec. 540. Rathbun Lake, Iowa.
Sec. 541. Mayfield Creek and tributaries, Kentucky.
Sec. 542. Southern and Eastern Kentucky.
Sec. 543. Coastal Louisiana ecosystem protection and restoration.
Sec. 544. Baton Rouge, Louisiana.
Sec. 545. West Baton Rouge Parish, Louisiana.
Sec. 546. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania,
and Delaware.
Sec. 547. Delmarva conservation corridor, Maryland.
Sec. 548. Detroit River, Michigan.
Sec. 549. Oakland County, Michigan.
Sec. 550. St. Clair River and Lake St. Clair, Michigan.
Sec. 551. Garrison and Kathio Township, Minnesota.
Sec. 552. Northeastern Minnesota.
Sec. 553. St. Louis, Missouri.
Sec. 554. Rural Nevada.
Sec. 555. Hackensack Meadowlands area, New Jersey.
Sec. 556. Atlantic Coast of New York.
Sec. 557. College Point, New York City, New York.
Sec. 558. Flushing Bay and Creek, New York City, New York.
Sec. 559. Little Neck Bay, Village of Kings Point, New York.
Sec. 560. Stanley County, North Carolina.
Sec. 561. Piedmont Lake Dam, Ohio.
Sec. 562. Waurika Lake, Oklahoma.
Sec. 563. Columbia River, Oregon.
Sec. 564. Eugene, Oregon.
Sec. 565. John Day Lock and Dam, Lake Umatilla, Oregon and Washington.
Sec. 566. Lowell, Oregon.
Sec. 567. Hagerman's Run, Williamsport, Pennyslvania.
Sec. 568. Northeast Pennsylvania.
Sec. 569. Susquehannock Campground access road, Raystown Lake,
Pennsylvania.
Sec. 570. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 571. Washington, Greene, Westmoreland, and Fayette Counties,
Pennsylvania.
Sec. 572. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 573. Lakes Marion and Moultrie, South Carolina.
Sec. 574. Upper Big Sioux River, Watertown, South Dakota.
Sec. 575. Fritz Landing, Tennessee.
Sec. 576. Memphis, Tennessee.
Sec. 577. Town Creek, Lenoir City, Tennessee.
Sec. 578. Tennessee River partnership.
Sec. 579. Clear Creek and tributaries, Harris and Galveston Counties,
Texas.
Sec. 580. Halls Bayou, Texas.
Sec. 581. Harris Gully, Harris County, Texas.
Sec. 582. Onion Creek, Texas.
Sec. 583. Pelican Island, Texas.
Sec. 584. Riverside Oxbow, Fort Worth, Texas.
Sec. 585. Richmond National Battlefield Park, Richmond, Virginia.
Sec. 586. Baker Bay and Ilwaco Harbor, Washington.
Sec. 587. Chehalis River, Centralia, Washington.
Sec. 588. Hamilton Island campground, Washington.
Sec. 589. Puget Island, Washington.
Sec. 590. West Virginia and Pennsylvania flood control.
Sec. 591. Lower Kanawha River Basin, West Virginia.
Sec. 592. Central West Virginia.
Sec. 593. Southern West Virginia.
Sec. 594. Additional assistance for critical projects.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
Except as otherwise provided in this section, the following
projects for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports designated in this
section:
(1) Pine flat dam and reservoir, california.--The project
for environmental restoration, Pine Flat Dam and Reservoir,
Fresno County, California: Report of the Chief of Engineers,
dated July 19, 2002, at a total cost of $37,100,000, with an
estimated Federal cost of $24,116,000 and an estimated non-
Federal cost of $12,984,000.
(2) Morganza to the gulf of mexico, louisiana.--
(A) In general.--The project for hurricane and
storm damage reduction, Morganza to the Gulf of Mexico,
Louisiana: Report of the Chief of Engineers, dated
August 23, 2002, at a total cost of $680,00,000, with
an estimated Federal cost of $442,000,000 and an
estimated non-Federal cost of $238,000,000.
(B) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project the cost
of work carried out by the non-Federal interest for
interim flood protection after March 31, 1989, if the
Secretary determines that the work is integral to the
project.
(3) Smith island, maryland.--The project for environmental
restoration and protection, Smith Island, Maryland: Report of
the Chief of Engineers, dated October 29, 2001, at a total cost
of $7,442,000, with an estimated Federal cost of $4,838,000 and
an estimated non-Federal cost of $2,604,000.
(4) Chickamauga lock and dam, tennessee.--The project for
inland navigation, Chickamauga Lock and Dam, Tennessee: Report
of the Chief of Engineers, dated May 30, 2002; except that the
Secretary shall construct the project in accordance with the
plan that includes a 110-foot by 600-foot replacement lock at a
total cost of $267,167,000. The costs of such construction
shall be paid \1/2\ from amounts appropriated from the general
fund of the Treasury and \1/2\ from amounts appropriated from
the Inland Waterways Trust Fund.
SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(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 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s):
(1) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River basin, Grubbs, Arkansas.
(2) Santa ana river basin and orange county streams,
california.--Project for flood damage reduction, Santa Ana
River basin and Orange County streams, California.
(3) Nashua river, fitchburg, massachusetts.--Project for
flood damage reduction, Nashua River, Fitchburg, Massachusetts.
(4) Saginaw river, hamilton dam, flint, michigan.--Project
for flood damage reduction, Saginaw River, Hamilton Dam, Flint,
Michigan.
(5) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch of
the Wild Rice River, Borup, Minnesota.
(6) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(7) James river, greene county, missouri.--Project for
flood damage reduction, James River, Greene County, Missouri.
(8) McKeel brook, new jersey.--Project for flood damage
reduction, McKeel Brook, New Jersey.
(9) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(10) Little mill creek, southampton, pennsylvania.--Project
for flood damage reduction, Little Mill Creek, Southampton,
Pennsylvania.
(11) Little neshaminy creek, warrenton, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrenton, Pennsylvania.
(12) Surfside beach, south carolina.--Project for flood
damage reduction, Surfside Beach and vicinity, South Carolina.
(b) Special Rules.--In carrying out the project for flood damage
reduction, South Branch of the Wild Rice River, Borup, Minnesota,
referred to in subsection (a)(4) the Secretary may consider national
ecosystem restoration benefits in determining the Federal interest in
the project and shall allow the non-Federal interest to participate in
the financing of the project in accordance with section 903(c) of the
Water Resources 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.
SEC. 103. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION.
The Secretary shall conduct a study for the following project and,
if the Secretary determines that the project is feasible, may carry out
the project under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r):
(1) Middle fork grand river, gentry county, missouri.--
Project for emergency streambank protection, Middle Fork Grand
River, Gentry County, Missouri.
SEC. 104. SMALL PROJECTS FOR NAVIGATION.
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) Blytheville county harbor, arkansas.--Project for
navigation, Blytheville County Harbor, Arkansas.
(2) Evanston, illinois.--Project for navigation, Evanston,
Illinois.
(3) Niagara frontier transportation authority boat harbor,
buffalo, new york.--Project for navigation, Niagara Frontier
Transportation Authority Boat Harbor, Buffalo, New York.
(4) Woodlawn marina, lackawanna, new york.--Project for
navigation, Woodlawn Marina, Lackawanna, New York.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
The Secretary shall conduct a study for the following project and,
if the Secretary determines that the project is appropriate, may carry
out the project under section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a):
(1) Smithville lake, missouri.--Project for improvement of
the quality of the environment, Smithville Lake, Missouri.
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
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 Development Act of 1996 (33 U.S.C. 2330):
(1) Colorado river, yuma, arizona.--Project for aquatic
ecosystem restoration, Colorado River, Yuma, Arizona.
(2) Chino valley, california.--Project for aquatic
ecosystem restoration, Chino Valley, California.
(3) 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,
California.
(4) Sweetwater reservoir, san diego county, california.--
Project for aquatic ecosystem restoration, Sweetwater
Reservoir, San Diego County, California, including efforts to
address aquatic invasive plant species.
(5) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(6) Chattahoochee river, columbus, georgia, and phenix
city, alabama.--Project for aquatic ecosystem restoration, City
Mills Dam and Eagle and Phenix Dam, Chattahoochee River,
Columbus, Georgia, and Phenix City, Alabama.
(7) Chattahoochee river and ocmulgee river basins,
georgia.--Project for aquatic ecosystem restoration,
Chattahoochee River and Ocmulgee River basins, Gwinnett County,
Georgia.
(8) Snake river, jerome, idaho.--Project for aquatic
ecosystem restoration, Snake River, Jerome, Idaho.
SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for the following project and,
if the Secretary determines that the project is feasible, may carry out
the project under section 3 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. 426g):
(1) Nelson lagoon, alaska.--Project for shoreline
protection, Nelson Lagoon, Alaska.
TITLE II--GENERAL PROVISIONS
SEC. 201. ANNUAL PASSES FOR RECREATION.
Section 208(c)(4) of the Water Resources Development Act of 1996
(16 U.S.C. 460d-3 note; 110 Stat. 3681; 113 Stat. 294) is amended by
striking ``the December 31, 2003'' and inserting ``December 31, 2004''.
SEC. 202. 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 solicit contributions
from non-Federal interests for costs of constructing authorized
water resources development projects or measures in excess of
the non-Federal share assigned to the appropriate project
purposes listed in subsections (a), (b), and (c) or condition
Federal participation in such projects or measures on the
receipt of such contributions.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect the Secretary's
authority under section 903(c) of this Act.''.
SEC. 203. 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 subsections (a), (b),
and (c) shall apply only to a project, or separable element of a
project, on which a contract for physical construction has not been
awarded before the date of enactment of this Act.
SEC. 204. FUNDING TO PROCESS PERMITS.
Section 214 of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594) is amended--
(1) in subsection (a) by striking ``2003'' and inserting
``2005''; and
(2) by adding at the end of subsection (b) the following:
``The acceptance and expenditure of funds under subsection (a)
shall not affect the order in which permits are considered or
approved by the Secretary.''.
SEC. 205. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
(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 ``6 years'' and inserting ``10
years''.
(b) Extension of Planning, Design, and Construction Phase.--Section
5(b)(1)(A) of such Act (33 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 following:
``(3) Cost sharing.--The Secretary may enter into a cost-
sharing agreement with a non-Federal interest 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 determines 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 ``$21,000,000'' and
inserting ``$31,000,000''.
SEC. 206. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) Liquidated Damages.--Section 221(a) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)) is amended by inserting after ``$25,000.''
the following: ``Such agreement may include a provision for liquidated
damages in the event of a failure of one or more parties to perform.''.
(b) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (101 Stat. 4190) is amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it
appears and inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the
following: ``payment of liquidated damages or, for'';
(B) by striking ``to collect a civil penalty
imposed under this section,''; and
(C) by striking ``any civil penalty imposed under
this section,'' and inserting ``any liquidated
damages,''.
SEC. 207. ASSISTANCE FOR REMEDIATION, RESTORATION, AND REUSE.
(a) In General.--The Secretary may provide to State and local
governments assessment, planning, and design assistance for
remediation, environmental restoration, or reuse of areas located
within the boundaries of such State or local governments where such
remediation, environmental restoration, or reuse will contribute to the
improvement of water quality or the conservation of water and related
resources of drainage basins and watersheds within the United States.
(b) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) shall be 50 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2003 through 2007.
SEC. 208. COMPILATION OF LAWS.
Within one year after the date of enactment of this Act, the laws
of the United States relating to the improvement of rivers and harbors,
flood control, beach erosion, and other water resources development
enacted after November 8, 1966, and before January 1, 2003, shall be
compiled under the direction of the Secretary and the Chief of
Engineers and printed for the use of the Department of the Army,
Congress, and the general public. The Secretary shall reprint the
volumes containing such laws enacted before November 8, 1966. In
addition, the Secretary shall include an index in each volume so
compiled or reprinted. Not later than December 1, 2003, the Secretary
shall transmit at least 25 copies of each such volume to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate.
SEC. 209. DREDGED MATERIAL DISPOSAL.
Section 217 of the Water Resources Development Act of 1996 (33
U.S.C. 2326a; 110 Stat. 3694-3696) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Governmental Partnerships.--
``(1) In general.--The Secretary may enter into cost-
sharing agreements with 1 or more non-Federal public interests
with respect to a project, or group of projects within a
geographic region if appropriate, for the acquisition, design,
construction, management, or operation of a dredged material
processing, treatment, or disposal facility (including any
facility used to demonstrate potential beneficial uses of
dredged material) using funds provided in whole or in part by
the Federal Government. One or more of the parties of the
agreement may perform the acquisition, design, construction,
management, or operation of a dredged material processing,
treatment, or disposal facility. If appropriate, the Secretary
may combine portions of separate construction or maintenance
appropriations from separate Federal projects with the
appropriate combined cost-sharing between the various projects
when the facility serves to manage dredged material from
multiple Federal projects located in the geographic region of
the facility.
``(2) Public financing.--
``(A) Agreements.--The agreement used shall clearly
specify the Federal funding sources and combined cost-
sharing when applicable to multiple Federal navigation
projects and the responsibilities and risks of each of
the parties related to present and future dredged
material managed by the facility.
``(B) Credit.--Nothing in this subsection
supersedes or modifies existing agreements between the
Federal Government and any non-Federal sponsors for the
cost-sharing, construction, and operation and
maintenance of Federal navigation projects. Subject to
the approval of the Secretary and in accordance with
existing laws, regulations, and policies, a non-Federal
public sponsor of a Federal navigation project may seek
credit for funds provided in the acquisition, design,
construction, management, or operation of a dredged
material processing, treatment, or disposal facility to
the extent the facility is used to manage dredged
material from the Federal navigation project. The non-
Federal sponsor shall be responsible for providing all
necessary lands, easements, rights-of-way, or
relocations associated with the facility and shall
receive credit for these items.''; and
(3) in each of subsections (d)(1) and (d)(2)(A), as so
redesignated, by inserting ``processing, treatment, or'' after
``dredged material'' the first place it appears.
SEC. 210. WETLANDS MITIGATION.
In carrying out a water resources project that involves wetlands
mitigation and that has impacts that occur within the service area of a
mitigation bank, the Secretary, to the maximum extent practicable and
where appropriate, shall give preference to the use of the mitigation
bank if the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the Federal Guidance
for the Establishment, Use and Operation of Mitigation Banks (60 Fed.
Reg. 58605) or other applicable Federal law (including regulations).
SEC. 211. REMOTE AND SUBSISTENCE HARBORS.
(a) In General.--In conducting a study of harbor and navigation
improvements, the Secretary may recommend a project without the need to
demonstrate that the project is justified solely by national economic
development benefits if the Secretary determines that--
(1)(A) the community to be served by the project is at
least 70 miles from the nearest surface accessible commercial
port and has no direct rail or highway link to another
community served by a surface accessible port or harbor; or
(B) the project would be located in the Commonwealth of
Puerto Rico, Guam, the Commonwealth of the Northern Mariana
Islands, or American Samoa;
(2) the harbor is economically critical such that over 80
percent of the goods transported through the harbor would be
consumed within the community served by the harbor and
navigation improvement; and
(3) the long-term viability of the community would be
threatened without the harbor and navigation improvement.
(b) Justification.--In considering whether to recommend a project
under subsection (a), the Secretary shall consider the benefits of the
project to--
(1) public health and safety of the local community,
including access to facilities designed to protect public
health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the local population; and
(5) social and cultural value to the community.
SEC. 212. BENEFICIAL USES OF DREDGED MATERIAL.
(a) In General.--Section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326) is amended by striking subsections (c) through
(g) and inserting the following:
``(c) In General.--The Secretary may carry out projects to
transport and place suitable material dredged in connection with the
construction, operation, or maintenance of an authorized navigation
project at locations selected by a non-Federal public entity for use in
the construction, repair, or rehabilitation of public 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.
``(d) Cooperative Agreement.--Any project undertaken pursuant to
this section shall be initiated only after non-Federal interests have
entered into an agreement with the Secretary in which the non-Federal
interests agree to pay the non-Federal share of the cost of
construction of the project and 100 percent of the cost of operation,
maintenance, replacement, and rehabilitation of the project in
accordance with section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213).
``(e) Determination of Construction Costs.--Costs associated with
construction of a project under this section shall be limited solely to
construction costs that are in excess of those costs necessary to carry
out the dredging for construction, operation, or maintenance of the
authorized navigation project in the most cost effective way,
consistent with economic, engineering, and environmental criteria.
``(f) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 annually for projects under this section. Such
sums shall remain available until expended.
``(h) Regional Sediment Management Planning.--In consultation with
appropriate State and Federal agencies, the Secretary may develop, at
Federal expense, plans for regional management of material dredged in
conjunction with the construction, operation, or maintenance of
navigation projects, including potential beneficial uses of dredged
material for construction, repair, or rehabilitation of public projects
for 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.''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Hold harmless.--The repeal made by paragraph (1) shall
not affect the authority of the Secretary to complete any
project being carried out under such section 145 on the day
before the date of enactment of this Act.
(c) Priority Areas.--In carrying out section 204 of the Water
Resources Development Act of 1992 (33 U.S.C 2326), the Secretary shall
give priority to a project in the vicinity of Morehead City, North
Carolina.
SEC. 213. COST SHARING PROVISIONS FOR CERTAIN AREAS.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310; 100 Stat. 4256) is amended to read as follows:
``SEC. 1156. COST SHARING PROVISIONS FOR CERTAIN AREAS.
``The Secretary shall waive local cost-sharing requirements up to
$500,000 for all studies and projects in the Commonwealth of Puerto
Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands, in Indian country (as
defined in section 1151 of title 18, United States Code, and including
lands that are within the jurisdictional area of an Oklahoma Indian
tribe, as determined by the Secretary of the Interior, and are
recognized by the Secretary of the Interior as eligible for trust land
status under part 151 of title 25, Code of Federal Regulations) or on
land in the State of Alaska conveyed to an Alaska Native Village
Corporation under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).''.
SEC. 214. REVISION OF PROJECT COOPERATION AGREEMENT.
Upon authorization by law of an increase in the maximum amount of
Federal funds that may be allocated for a project or an increase in the
total cost of a project authorized to be carried out by the Secretary,
the Secretary shall revise the project cooperation agreement for the
project to take into account the change in Federal participation in the
project.
SEC. 215. COST SHARING.
An increase in the maximum amount of Federal funds that may be
allocated for a project or an increase in the total cost of a project
authorized to be carried out by the Secretary shall not affect any cost
sharing requirement applicable to the project under title I of the
Water Resources Development Act of 1986 (33 U.S.C. 2211 et seq.).
SEC. 216. CREDIT FOR WORK PERFORMED BEFORE COOPERATION AGREEMENT.
If the Secretary is authorized to credit toward the non-Federal
share the cost of work carried out by the non-Federal interest before
the date of the cooperation agreement for the project and such work has
not been carried out as of the date of enactment of this Act, the
Secretary shall enter into an agreement with the non-Federal interest
for the project under which the non-Federal interest shall carry out
such work, and the credit shall apply only to work carried out under
the agreement entered into under this section.
SEC. 217. RECREATION USER FEE REVENUES.
Section 225 of the Water Resources Development Act of 1999 (113
Stat. 297-298) is amended--
(1) in subsection (a)(1) by striking ``During fiscal years
1999 through 2002, the'' and inserting ``The''; and
(2) in subsection (a)(3) by striking ``September 30, 2005''
and inserting ``expended''.
SEC. 218. EXPEDITED ACTIONS FOR EMERGENCY FLOOD DAMAGE REDUCTION.
The Secretary shall expedite any authorized planning, design, and
construction of any project for flood damage reduction for an area
that, within the preceding 5 years, has been subject to flooding that
resulted in the loss of life and caused damage of sufficient severity
and magnitude to warrant a declaration of a major disaster by the
President under the Robert T. Stafford Disaster and Emergency Relief
Act (42 U.S.C. 5121 et seq.).
SEC. 219. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--Section 729(f)(1) of the Water Resources
Development Act of 1986 (114 Stat. 2588; 100 Stat. 4164) is amended to
read as follows:
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section on or
after December 11, 2000, shall be 25 percent.''.
(b) Revision of Cooperation Agreement.--The Secretary shall revise
the cooperation agreement for any assessment being carried out under
such section 729 to take into account the change in non-Federal
participation in the assessment as a result of the amendment made by
subsection (a).
SEC. 220. TRIBAL PARTNERSHIP PROGRAM.
Section 203(b)(1)(B) of the Water Resources Development Act of 2000
(33 U.S.C. 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting after
``Code'' the following ``, and including lands that are within the
jurisdictional area of an Oklahoma Indian tribe, as determined by the
Secretary of the Interior, and are recognized by the Secretary of the
Interior as eligible for trust land status under part 151 of title 25,
Code of Federal Regulations''.
SEC. 221. TREATMENT OF CERTAIN SEPARABLE ELEMENTS.
(a) In General.--If, in carrying out a water resources project, the
Secretary identifies a separable element that would advance a primary
mission of the Corps of Engineers, with benefits that could be achieved
more cost-effectively if carried out in conjunction with the project,
the Secretary, in consultation with the non-Federal interest, may carry
out such separable element at Federal expense not to exceed 3 percent
of the Federal project cost or $1,000,000, whichever is less.
(b) Operation and Maintenance.--Operation and maintenance of work
carried out under this section shall be a non-Federal responsibility.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. COOK INLET, ANCHORAGE HARBOR, ALASKA.
The project for navigation improvements, Cook Inlet, Alaska
(Anchorage Harbor, Alaska), authorized by section 101 of the River and
Harbor Act of 1958 (72 Stat. 299) and modified by section 199 of the
Water Resources Development Act of 1976 (90 Stat. 2944), is further
modified to authorize the Secretary to establish a harbor depth of 45
feet for a length of 5,000 feet at the Port of Anchorage marine
facility, at a total cost of $14,500,000. Federal maintenance shall be
in accordance with such section 101; except that the project shall be
maintained at a depth of 45 feet for such 5,000 feet.
SEC. 302. GALENA, ALASKA.
The project for emergency bank stabilization, Galena, Alaska,
authorized by title I of the Energy and Water Development
Appropriations Act, 2001 (114 Stat. 1441A-61), is modified to direct
the Secretary to construct the project, at a total cost of $6,000,000.
SEC. 303. KING COVE HARBOR, ALASKA.
The maximum amount of Federal funds that may be expended for the
project for navigation, King Cove Harbor, Alaska, being carried out
under section 107 of the River Harbor Act of 1960 (33 U.S.C. 577),
shall be $8,000,000.
SEC. 304. ST. PAUL HARBOR, ALASKA.
(a) In General.--The project for navigation, St. Paul Harbor,
Alaska, authorized by section 101(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3667) and modified by section 303 of
the Water Resources Development Act of 1999 (113 Stat. 298-299), is
further modified to direct the Secretary to construct the project, at a
total cost of $65,000,000.
(b) Limitation on Non-Federal Share.--The non-Federal share for the
project shall not exceed $14,400,000.
SEC. 305. SITKA, ALASKA.
The Thompson Harbor, Sitka, Alaska, element of the project for
navigation Southeast Alaska Harbors of Refuge, Alaska, authorized by
section 101 of the Water Resources Development Act of 1992 (106 Stat.
4801), is modified to direct the Secretary to take such action as may
be necessary to correct design deficiencies in such element, at a
Federal expense of $6,300,000.
SEC. 306. TATILEK, ALASKA.
The maximum amount of Federal funds that may be expended for the
project for navigation, Tatilek, Alaska, being carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), shall
be $10,000,000.
SEC. 307. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.
The project for flood damage reduction, American and Sacramento
Rivers, California, authorized by section 101(a)(1) of the Water
Resources Development Act of 1996 (110 Stat. 3662-3663) and modified by
section 366 of the Water Resources Development Act of 1999 (113 Stat.
319-320), is further modified to direct the Secretary to carry out the
project, at a total cost of $205,000,000.
SEC. 308. CACHE CREEK BASIN, CALIFORNIA.
The project for flood control, Cache Creek Basin, California,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4112), is modified to direct the Secretary to mitigate
the impacts of the new south levee of the Cache Creek settling basin on
the city of Woodland's storm drainage system, including all appurtenant
features, erosion control measures, and environmental protection
features. Such mitigation shall restore the city's preproject capacity
(1,360 cubic feet per second) to release water to the Yolo Bypass,
including channel improvements, an outlet work through the west levee
of the Yolo Bypass, and a new low-flow cross channel to handle city and
county storm drainage and settling basin flows (1,760 cubic feet per
second) when the Yolo Bypass is in a low flow condition.
SEC. 309. GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA.
The project for aquatic ecosystem restoration, Grayson Creek/
Murderer's Creek, California, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of work carried out by the non-
Federal interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral to the
project and to authorize the Secretary to consider national ecosystem
restoration benefits in determining the Federal interest in the
project.
SEC. 310. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON SHIP CHANNEL,
CALIFORNIA.
The project for navigation, San Francisco to Stockton, California,
authorized by section 301 of the River and Harbor Act of 1965 (79 Stat.
1091) is modified--
(1) to provide that the non-Federal share of the cost of
the John F. Baldwin Ship Channel and Stockton Ship Channel
element of the project may be provided in the form of in-kind
services and materials; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of such element the cost of planning
and design work carried out by the non-Federal interest before
the date of an agreement for such planning and design if the
Secretary determines that such work is integral to such
element.
SEC. 311. LOS ANGELES HARBOR, LOS ANGELES, CALIFORNIA.
The project for navigation, Los Angeles Harbor, Los Angeles,
California, authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the cost of the planning, design, and construction work carried
out by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines the work is
integral to the project.
SEC. 312. LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA.
The project for navigation, Larkspur Ferry Channel, Larkspur,
California, authorized by section 601(d) of the Water Resources
Development Act of 1986 (100 Stat. 4148), is modified to direct the
Secretary to prepare a limited reevaluation report to determine whether
maintenance of the project is feasible. If the Secretary determines
that maintenance of the project is feasible, the Secretary shall carry
out the maintenance.
SEC. 313. NAPA RIVER SALT MARSH RESTORATION, NAPA RIVER, CALIFORNIA.
In carrying out the feasibility study for the project for aquatic
ecosystem restoration, Napa River Salt Marsh Restoration, Napa and
Sonoma Counties, California, the Secretary shall determine whether work
carried out by the non-Federal interest is integral to the project. In
any case in which the work is determined to be integral to the project
before completion of the final report of the Chief of Engineers on the
project, such work shall be included as part of the project, and the
cost of such work shall be recommended in the final report for credit
toward the non-Federal share of the cost of the project. Work carried
out after submission of the final report and before the date of the
cooperation agreement for the project that is determined to be integral
to the project shall be considered as part of the project, and the cost
of such work shall be credited toward the non-Federal share of the cost
of the project.
SEC. 314. PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA.
The project for aquatic ecosystem restoration, Pacific Flyway
Center, Sacramento, California, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified to authorize the Secretary to expend $1,000,000 to enhance
public access to the project.
SEC. 315. PINOLE CREEK, CALIFORNIA.
The project for improvement of the quality of the environment,
Pinole Creek Phase I, California, being carried out under section 1135
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of work carried out by the non-
Federal interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 316. PRADO DAM, CALIFORNIA.
Upon completion of the modifications to the Prado Dam element of
the project for flood control, Santa Ana River Mainstem, California,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4113), the Memorandum of Agreement for the Operation
for Prado Dam for Seasonal Additional Water Conservation between the
Department of the Army and the Orange County Water District (including
all the conditions and stipulations in the memorandum) shall remain in
effect for volumes of water made available prior to such modifications.
SEC. 317. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship Channel,
California, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4092), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the cost of planning and design work carried out by the non-
Federal interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 318. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
The project for flood control, Sacramento River, California,
authorized by section 2 of the Act entitled ``An Act to provide for the
control of the floods of the Mississippi River and of the Sacramento
River, California, and for other purposes'', approved March 1, 1917 (39
Stat. 949), and modified by section 102 of the Energy and Water
Development Appropriations Act, 1990 (103 Stat. 649), section 301(b)(3)
of the Water Resources Development Act of 1996 (110 Stat. 3110), title
I of the Energy and Water Development Appropriations Act, 1999 (112
Stat. 1841), and section 305 of the Water Resources Development Act of
1999 (113 Stat. 299), is further modified to direct the Secretary to
credit the non-Federal interest up to $4,000,000 toward the non-Federal
share of the cost of the project for costs incurred by the non-Federal
interest in carrying out activities (including the provision of lands,
easements, rights-of-way, relocations, and dredged material disposal
areas) associated with environmental compliance for the project if the
Secretary determines that the activities are integral to the project.
SEC. 319. SAN LORENZO RIVER, CALIFORNIA.
The project for flood control, San Lorenzo River, California,
authorized by section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663), is modified to direct the Secretary to credit
not more than $2,000,000 toward the non-Federal share of the cost of
the project for the cost of the work carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines the work is integral to the project.
SEC. 320. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.
The project for flood control and water supply, Terminus Dam,
Kaweah River, California, authorized by section 101(b)(5) of the Water
Resources Development Act of 1996 (110 Stat. 3667) and modified by
section 307 of the Water Resources Development Act of 1999 (113 Stat.
299), is further modified to authorize the Secretary to construct the
project, at a total cost of $50,000,000.
SEC. 321. UPPER GUADALUPE RIVER, CALIFORNIA.
The project for flood damage reduction and recreation, Upper
Guadalupe River, California, described as the Bypass Channel Plan of
the Chief of Engineers dated August 19, 1998, authorized by section
101(a)(9) of the Water Resources Development Act of 1999 (113 Stat.
275), is modified to authorize the Secretary to construct the project,
at a total cost of $140,328,000, with an estimated Federal cost of
$70,164,000, and an estimated non-Federal cost of $70,164,000. The non-
Federal share of the cost of the project shall be subject to section
103(a)(3) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)(3)).
SEC. 322. WALNUT CREEK CHANNEL, CALIFORNIA.
The project for aquatic ecosystem restoration, Walnut Creek
Channel, California, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330), is modified to
direct the Secretary to credit toward the non-Federal share of the cost
of the project the cost of work carried out by the non-Federal interest
before the date of the cooperation agreement for the project if the
Secretary determines that the work is integral to the project and to
authorize the Secretary to consider national ecosystem restoration
benefits in determining the Federal interest in the project.
SEC. 323. WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA.
The project for improvement of the quality of the environment,
Wildcat/San Pablo Creek Phase I, California, being carried out under
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a), is modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work carried out
by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 324. WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA.
The project for aquatic ecosystem restoration, Wildcat/San Pablo
Creek Phase II, California, being carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified
to direct the Secretary to credit toward the non-Federal share of the
cost of the project the cost of work carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines that the work is integral to the project
and to authorize the Secretary to consider national ecosystem
restoration benefits in determining the Federal interest in the
project.
SEC. 325. BREVARD COUNTY, FLORIDA.
Section 310 of the Water Resources Development Act of 1999 (113
Stat. 301) is amended by adding at the end the following:
``(d) Credit.--After completion of the study, the Secretary shall
credit toward the non-Federal share of the cost of the project the cost
of nourishment and renourishment associated with the shore protection
project incurred by the non-Federal interest to respond to damages to
Brevard County beaches that are the result of a Federal navigation
project, as determined in the final report for the study.''.
SEC. 326. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero Island
segments, Lee County, Florida, authorized under section 201 of the
Flood Control Act of 1965 (79 Stat. 1073) by Senate Resolution dated
December 17, 1970, and by House Resolution dated December 15, 1970, and
modified by section 309 of the Water Resources Development Act of 2000
(114 Stat. 2602), is further modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the cost of
work carried out by the non-Federal interest before the date of the
cooperation agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 327. LIDO KEY BEACH, SARASOTA, FLORIDA.
The project for shore protection, Lido Key Beach, Sarasota,
Florida, authorized by section 101 of the River and Harbor Act of 1970
(84 Stat. 1819), deauthorized under section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), and reauthorized
by section 364(2)(A) of the Water Resources Development Act of 1999
(113 Stat. 313), is modified to direct the Secretary to construct the
project, at a total cost of $12,926,000, with an estimated Federal cost
of $6,547,000 and an estimated non-Federal cost of $6,379,000, and at
an estimated average annual cost of $925,000 for periodic nourishment
over the 50-year life of the project, with an estimated annual Federal
cost of $468,500 and an estimated annual non-Federal cost of $456,500.
SEC. 328. MANATEE HARBOR, FLORIDA.
The project for navigation, Manatee Harbor, Florida, authorized by
section 202(a) of the Water Resources Development Act of 1986 (100
Stat. 4093) and modified by section 102(j) of the Water Resources
Development Act of 1990 (104 Stat. 4612), is further modified--
(1) to include the construction of an extension of the
south channel a distance of approximately 1584 feet consistent
with the general reevaluation report, dated April 2002,
prepared by the Jacksonville District Corps of Engineers, at a
total cost of $9,800,000, with an estimated Federal cost of
$7,350,000 and an estimated non-Federal cost of $2,450,000;
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of in-kind
services and materials provided for the project by the non-
Federal interest; and
(3) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning,
design, and construction work carried out by the non-Federal
interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 329. ROSE BAY, VOLUSIA COUNTY, FLORIDA.
The project for aquatic ecosystem restoration, Rose Bay, Volusia
County, Florida, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330), is modified to
direct the Secretary to credit toward the non-Federal share of the cost
of the project the costs incurred by the Florida Department of
Transportation in constructing that portion of United States Highway 1
bridge that the Secretary determines is required for the proper
functioning of the project.
SEC. 330. TAMPA HARBOR, FLORIDA.
The project for navigation, Tampa Harbor, Florida, referred to in
section 4 of the Rivers and Harbors Act of September 22, 1922 (42 Stat.
1042), is modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning, design,
and construction work carried out by the non-Federal interest before
the date of the cooperation agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 331. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.
The project for navigation, Tampa Harbor-Big Bend Channel, Florida,
authorized by section 101(a)(18) of the Water Resources Development Act
of 1999 (113 Stat. 276) is modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 332. LITTLE WOOD RIVER, GOODING, IDAHO.
The project for flood damage reduction, Little Wood River, Gooding,
Idaho, being carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), is modified--
(1) to authorize the non-Federal interest to provide any
portion of the non-Federal share of the cost of the project in
the form of services, materials, supplies, or other in-kind
contributions;
(2) to authorize the non-Federal interest to use funds made
available under any other Federal program toward the non-
Federal share of the cost of the project if such use of the
funds is permitted under the other Federal program; and
(3) to direct the Secretary, in calculating the non-Federal
share of the cost of the project, to make a determination under
section 103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)) on the non-Federal interest's ability to
pay.
SEC. 333. INDIANA HARBOR, INDIANA.
The project for environmental dredging, Indiana Harbor, Indiana,
being carried out under section 312 of the Water Resources Development
Act of 1990 (33 U.S.C. 1252 note; 104 Stat. 4639), is modified to
direct the Secretary to credit toward the non-Federal share of the cost
of the project the cost of design work carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 334. LITTLE CALUMET RIVER, INDIANA.
The project for flood control, Little Calumet River, Indiana,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4115), is modified to authorize the Secretary to carry
out the project in accordance with the post authorization change report
dated August 2000, at a total cost of $186,300,000, with an estimated
Federal cost of $136,600,000 and an estimated non-Federal cost of
$49,700,000.
SEC. 335. LITTLE CALUMET RIVER BASIN (CADY MARSH DITCH), INDIANA.
The project for flood control, Little Calumet River Basin (Cady
Marsh Ditch), Indiana, authorized by section 401(a) the Water Resources
Development Act of 1986 (100 Stat. 4115), is modified to authorize the
Secretary to construct the project, at a total cost of $23,146,000,
with an estimated Federal cost of $17,359,000 and an estimated non-
Federal cost of $5,787,000.
SEC. 336. LONG LAKE, INDIANA.
(a) Cost Sharing.--The project for ecosystem restoration, Long
Lake, Indiana, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330), is modified to
direct the Secretary to carry out the components of the project located
on Federal land at full Federal expense.
(b) Reimbursement.--After completion of the project referred to in
subsection (a), the Secretary shall seek reimbursement from the
Secretary of the Interior of an amount equal to the costs of the
project allocated to benefits to the Indiana Dunes National Lakeshore.
SEC. 337. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of White
River, Indiana, authorized by section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved June 22, 1936
(49 Stat. 1586), and modified by section 323 of the Water Resources
Development Act of 1996 (110 Stat. 3716) and section 322 of the Water
Resources Development Act of 1999 (113 Stat. 303-304), is further
modified to authorize the Secretary to undertake the riverfront
alterations described in the Central Indianapolis Waterfront Concept
Plan, dated February 1994, for the Fall Creek Reach feature, at a total
cost of $28,545,000.
SEC. 338. WOLF LAKE, INDIANA.
The project for aquatic ecosystem restoration, Wolf Lake, Indiana,
being carried out under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to
credit toward the non-Federal share of the cost of the project the cost
of planning, design, and construction work carried out by the non-
Federal interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 339. HARLAN COUNTY, KENTUCKY.
The Harlan County, Kentucky, element of the project for flood
control, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers,
West Virginia, Virginia, and Kentucky, authorized by section 202(a) of
the Energy and Water Development Appropriations Act, 1981 (94 Stat.
1339), is modified to direct the Secretary to take measures to provide
a 100-year level of flood protection.
SEC. 340. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON ROUGE
PARISH WATERSHED.
The project for flood damage reduction and recreation, Amite River
and Tributaries, Louisiana, East Baton Rouge Parish Watershed,
authorized by section 101(a)(21) of the Water Resources Development Act
of 1999 (113 Stat. 277), is modified to direct the Secretary to carry
out the project with the cost sharing for the project determined in
accordance with section 103(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(a)) as in effect on October 11, 1996, at a
total cost of $158,000,000, with an estimated Federal cost of
$102,700,000 and an estimated non-Federal cost of $55,300,000.
SEC. 341. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI RIVER TO
SHREVEPORT, LOUISIANA.
The project for mitigation of fish and wildlife losses, J. Bennett
Johnston Waterway, Mississippi River to Shreveport, Louisiana,
authorized by section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4142) and modified by section 4(h) of the Water
Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613), section
301(b)(7) of the Water Resources Development Act of 1996 (110 Stat.
3710), and section 316 of the Water Resources Development Act of 2000
(114 Stat. 2572), is further modified to authorize the purchase and
reforesting of lands which have been cleared or converted to
agricultural uses, at a total cost of $33,000,000.
SEC. 342. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized as part
of the project for hurricane-flood protection on Lake Pontchartrain,
Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat.
1077) and modified by section 365 of the Water Resources Development
Act of 1996 (110 Stat. 3739), is further modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the costs of relocating oyster beds in the Davis Pond project
area if the Secretary determines that the work is integral to the
Mississippi Delta Region project.
SEC. 343. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY CANAL),
LOUISIANA.
Section 328 of the Water Resources Development Act of 1999 (113
Stat. 304-305) is amended--
(1) in subsection (a)--
(A) by striking ``operation and maintenance'' and
inserting ``operation, maintenance, rehabilitation,
repair, and replacement''; and
(B) by striking ``Algiers Channel'' and inserting
``Algiers Canal Levees''; and
(2) by adding at the end the following:
``(c) Cost Sharing.--The non-Federal share of the cost of the
project shall be 35 percent.''.
SEC. 344. UNION RIVER, MAINE.
The project for navigation, Union River, Maine, authorized by the
first section of the Act entitled ``An Act making appropriations for
the construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved June 3, 1896 (29
Stat. 215), is modified by redesignating as an anchorage area that
portion of the project consisting of a 6-foot turning basin and lying
northerly of a line commencing at a point N315,975.13, E1,004,424.86
thence running north 61 degrees 27 minutes 20.71 seconds west about
132.34 feet to a point N316,038.37, E1,004,308.61.
SEC. 345. CASS RIVER, SPAULDING TOWNSHIP, MICHIGAN.
(a) In General.--The project for flood damage reduction, Cass
River, Spaulding Township, Saginaw County, Michigan, being carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), is
modified to incorporate flood control works constructed by the non-
Federal interests between Sheridan Road and East Street (M-13) if the
Secretary determines that the inclusion of such flood control works is
feasible.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of work carried out by the
non-Federal interest before the date of the cooperation agreement for
the project if the Secretary determines that the work is integral to
the project.
SEC. 346. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN.
(a) In General.--The project for emergency streambank and shoreline
protection, Detroit River Shoreline, Detroit, Michigan, being carried
out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r),
is modified to include measures to enhance public access.
(b) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $3,000,000.
SEC. 347. WATER RESOURCES INSTITUTE, MUSKEGON, MICHIGAN.
(a) In General.--The project for emergency streambank and shoreline
protection, Water Resources Institute, Muskegon, Michigan, being
carried out under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r), is modified to provide for completion of shoreline
protection measures in accordance with the approved plans and
specifications for Grand Valley State University, Lake Michigan Center,
dated August 6, 2001.
(b) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $2,000,000.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of design and implementation
of shoreline protection measures carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 348. SAGINAW RIVER, BAY CITY, MICHIGAN.
The maximum amount of Federal funds that may be expended for the
project for emergency streambank protection, Saginaw River, Bay City,
Michigan, being carried out under section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r), shall be $2,000,000.
SEC. 349. ADA, MINNESOTA.
(a) In General.--The project for flood damage reduction, Wild Rice
River, Ada, Minnesota, being carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), is modified to authorize the
Secretary to consider national ecosystem restoration benefits in
determining the Federal interest in the project.
(b) Evaluation of Benefits and Costs.--In evaluating the economic
benefits and costs for the project, the Secretary shall not consider
the emergency levee adjacent to Judicial Ditch No. 51 in the
determination of conditions existing prior to construction of the
project.
(c) Special Rule.--In evaluating and implementing the project, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of the Water
Resources 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.
SEC. 350. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.
(a) In General.--The project for navigation, Duluth Harbor, McQuade
Road, Minnesota, being carried out under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) and modified by section 321 of the
Water Resources Development Act of 2000 (114 Stat. 2605), is further
modified to authorize the Secretary to provide public access and
recreational facilities as generally described in the Detailed Project
Report and Environmental Assessment, McQuade Road Harbor of Refuge,
Duluth, Minnesota, dated August 1999.
(b) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $5,000,000.
SEC. 351. GRANITE FALLS, MINNESOTA.
The maximum amount of Federal funds that may be expended for the
project for flood damage reduction, Granite Falls, Minnesota, being
carried out under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), shall be $12,000,000.
SEC. 352. RED LAKE RIVER, MINNESOTA.
The project for flood control, Red Lake River at Crookston,
Minnesota, authorized by section 101(a)(23) of the Water Resources
Development Act of 1999 (113 Stat. 278), is modified to authorize the
Secretary to construct the project, at a total cost of $25,000,000,
with an estimated Federal cost of $16,250,000 and an estimated non-
Federal cost of $8,750,000.
SEC. 353. SILVER BAY, MINNESOTA.
The project for navigation, Silver Bay, Minnesota, authorized by
section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19),
is modified to include operation and maintenance of the general
navigation facilities as a Federal responsibility.
SEC. 354. TACONITE HARBOR, MINNESOTA.
The project for navigation, Taconite Harbor, Minnesota, carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
is modified to include operation and maintenance of the general
navigation facilities as a Federal responsibility.
SEC. 355. TWO HARBORS, MINNESOTA.
(a) In General.--The project for navigation, Two Harbors,
Minnesota, being carried out under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), is modified to include construction of a
dredged material disposal facility at the J&J Castings site, including
actions required to clear the site.
(b) Lands, Easements, and Rights-of-Way.--Non-Federal interests
shall be responsible for providing all lands, easements, rights-of-way,
and relocations necessary for the construction of the dredged material
disposal facility.
(c) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $5,000,000.
SEC. 356. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, MISSOURI.
The maximum amount of Federal funds that may be expended for the
project for flood damage reduction, Bois Brule Drainage and Levee
District, Missouri, being carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), shall be $25,000,000.
SEC. 357. TURKEY CREEK BASIN, KANSAS CITY, MISSOURI, AND KANSAS CITY,
KANSAS.
The project for flood damage reduction, Turkey Creek Basin, Kansas
City, Missouri, and Kansas City, Kansas, authorized by section
101(a)(24) of the Water Resources Development Act of 1999 (113 Stat.
278), is modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work carried out
by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 358. ORCHARD BEACH, BRONX, NEW YORK.
The project for shoreline protection, Orchard Beach, Bronx, New
York, authorized by section 554 of the Water Resources Development Act
of 1996 (110 Stat. 3781), is modified to authorize the Secretary to
construct the project, at a total cost of $18,000,000.
SEC. 359. TIMES BEACH, BUFFALO, NEW YORK.
The project for improvement of the quality of the environment,
Times Beach, Buffalo, New York, being carried out under section 1135 of
the Water Resources Development Act of 1986 (100 Stat. 4251), is
modified to direct the Secretary to credit not more than $750,000
toward the non-Federal share of the cost of the project for the cost of
planning, design, and construction work carried out by the non-Federal
interest before the date of the cooperation agreement for the project
if the Secretary determines the work is integral to the project.
SEC. 360. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY.
The Secretary may not require as an item of local cooperation in
the construction of the project for navigation, Port of New York and
New Jersey, New York and New Jersey, authorized by section 101(a)(2) of
the Water Resources Development Act of 2000 (114 Stat. 2576), that the
non-Federal interest agree that the container facilities at the former
Military Ocean Terminal at the Bayonne, New Jersey, site along the Port
Jersey Channel be operational prior to construction of the 50-foot deep
Port Jersey Channel. Such container facilities may be made operational
concurrent with the navigation project.
SEC. 361. NEW YORK STATE CANAL SYSTEM.
Section 553(c) of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended to read as follows:
``(c) New York State Canal System Defined.--In this section, the
term `New York State Canal System' means the 524 miles of navigable
canal that comprise the New York State Canal System, including the
Erie, Cayuga-Seneca, Oswego, and Champlain Canals and the historic
alignments of these canals, including the cities of Albany and
Buffalo.''.
SEC. 362. ASHTABULA RIVER, OHIO.
The project for environmental dredging, Ashtabula River, Ohio,
being carried out under section 312 of the Water Resources Development
Act of 1990 (33 U.S.C. 1252 note; 104 Stat. 4639; 110 Stat. 3679), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of design and construction work
provided by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 363. WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE SUBBASIN,
OREGON.
(a) In General.--The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin, Oregon,
authorized by section 101(a)(25) of the Water Resources Development Act
of 1996 (110 Stat. 3665) and modified by section 344 of the Water
Resources Development Act of 1999 (113 Stat. 308), is further modified
to direct the Secretary to pay, subject to the availability of
appropriations, compensation for losses to small business attributable
to the implementation of the draw down conducted as a part of project
implementation in 2002.
(b) Establishment of Program.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall establish, and
provide public notice of, a program--
(1) to receive claims for compensation for losses to small
business attributable to the implementation of the draw down
conducted as a part of project implementation in 2002;
(2) to evaluate claims for such losses; and
(3) to pay claims for such losses.
(c) Implementation of Program.--In carrying out the program
established under subsection (b), the Secretary shall provide--
(1) public notice of the existence of the program
sufficient to reach those in the area that may have suffered
losses to small businesses;
(2) a period for the submission of claims of not fewer than
45 days and not greater than 75 days from the date of the first
public notice of the existence of the program;
(3) for the evaluation of each claim submitted to the
Secretary under the program and a determination of whether the
claim constitutes a loss to a small business on or before the
last day of the 30-day period beginning on the date of
submission of the claim; and
(4) for the payment of each claim that the Secretary
determines constitutes a loss to a small business on or before
the last day of the 30-day period beginning on the date of the
Secretary's determination.
(d) Loss to a Small Business Defined.--In this section, the term
``loss to a small business'' means documented financial losses
associated with commercial activity of a small business that can be
attributed to the turbidity levels in the McKenzie River being higher
than those anticipated in the original planning documents and public
announcements existing before the initiation of the draw down in 2002.
Commercial losses include decline in sales, loss of revenue (including
loss of revenue from canceled or delayed reservations at lodging
establishments), and any other financial losses that can be shown to be
associated with the elevated turbidity levels in the McKenzie River in
2002.
(e) Payment of Claims.--The payment of claims for losses to small
businesses shall be a Federal responsibility.
SEC. 364. LACKAWANNA RIVER AT OLYPHANT, PENNSYLVANIA.
The project for flood control, Lackawanna River at Olyphant,
Pennsylvania, authorized by section 101(16) of the Water Resources
Development Act of 1992 (106 Stat. 4803), is modified to authorize the
Secretary to construct the project, at a total cost of $20,000,000.
SEC. 365. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
The project for flood control, Lackawanna River at Scranton,
Pennsylvania, authorized by section 101(17) of the Water Resources
Development Act of 1992 (106 Stat. 4803), is modified to authorize the
Secretary to construct the project, at a total cost of $23,000,000.
SEC. 366. RAYSTOWN LAKE, PENNSYLVANIA.
The Secretary may take such action as may be necessary, including
construction of a breakwater, to prevent shoreline erosion between .07
and 2.7 miles south of Pennsylvania State Route 994 on the east shore
of Raystown Lake, Pennsylvania.
SEC. 367. SHERADEN PARK STREAM AND CHARTIERS CREEK, ALLEGHENY COUNTY,
PENNSYLVANIA.
The project for aquatic ecosystem restoration, Sheraden Park Stream
and Chartiers Creek, Allegheny County, Pennsylvania, being carried out
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), is modified to direct the Secretary to credit up to
$400,000 toward the non-Federal share of the cost of the project for
planning and design work carried out by the non-Federal interest before
the date of the cooperation agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 368. SOLOMON'S CREEK, WILKES-BARRE, PENNSYLVANIA.
The project for flood control, Wyoming Valley, Pennsylvania,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4124), is modified to include as a project element the
project for flood control for Solomon's Creek, Wilkes-Barre,
Pennsylvania.
SEC. 369. SOUTH CENTRAL PENNSYLVANIA.
Section 313(h)(2) of the Water Resources Development Act of 1992
(106 Stat. 4847; 107 Stat. 407) is amended by striking ``Armstrong,
Bedford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton,
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder and,
Westmoreland Counties'' and inserting ``Allegheny, Armstrong, Bedford,
Blair, Cambria, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana,
Juniata, Somerset, Washington, and Westmoreland Counties''.
SEC. 370. WYOMING VALLEY, PENNSYLVANIA.
In carrying out the project for flood control, Wyoming Valley,
Pennsylvania, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124), the Secretary shall
coordinate with non-Federal interests to review opportunities for
increased public access.
SEC. 371. LITTLE LIMESTONE CREEK, JONESBOROUGH, TENNESSEE.
In evaluating and implementing the project for flood damage
reduction, Little Limestone Creek, Jonesborough, Tennessee, under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of the Water
Resources 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.
SEC. 372. BOWIE COUNTY LEVEE, TEXAS.
The project for flood control, Red River Below Denison Dam, Texas
and Oklahoma, authorized by section 10 of the Flood Control Act of 1946
(60 Stat. 647), is modified to direct the Secretary to implement the
Bowie County Levee feature of the project in accordance with the plan
defined as Alternative B in the draft document entitled ``Bowie County
Local Flood Protection, Red River, Texas Project Design Memorandum No.
1, Bowie County Levee'', dated April 1997.
SEC. 373. 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), is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning,
design, and construction work carried out by the non-Federal
interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral
to the project; and
(2) to direct the Secretary, in calculating the non-Federal
share of the cost of the project, to make a determination under
section 103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)) on the non-Federal interest's ability to
pay.
SEC. 374. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration and storm damage reduction,
North Padre Island, Corpus Christi Bay, Texas, authorized by section
556 of the Water Resources Development Act of 1999 (113 Stat. 353), is
modified to include recreation as a project purpose.
SEC. 375. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio Channel, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259) as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers in Texas and modified by section 103
of the Water Resources Development Act of 1976 (90 Stat. 2921) and
section 335 of the Water Resources Development Act of 2000 (114 Stat.
2611), is further modified to authorize the Secretary to credit toward
the non-Federal share of the cost of the project the cost of
construction work carried out by the non-Federal interest before the
date of the cooperation agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 376. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.
Section 358 of the Water Resources Development Act of 1999 (113
Stat. 312) is amended by striking ``September 30, 1999'' and inserting
``May 4, 1997''.
SEC. 377. GREAT BRIDGE, CHESAPEAKE, VIRGINIA.
The project for navigation at Great Bridge, Virginia, Highway 168
over the Atlantic Intracoastal Waterway in Chesapeake, Virginia,
authorized by section 339(h) of the National Highway System Designation
Act of 1995 (109 Stat. 606) is modified to authorize the Secretary to
construct the project, at a total cost of $48,000,000, with an
estimated Federal cost of $39,400,000 and an estimated non-Federal cost
of $8,600,000.
SEC. 378. ROANOKE RIVER UPPER BASIN, VIRGINIA.
The project for flood control, Roanoke River Upper Basin, Virginia,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4126) and modified by section 110 of the Energy and
Water Development Appropriations Act, 1990 (103 Stat. 650), is further
modified to authorize the Secretary to construct the project, at a
total cost of $64,300,000, with an estimated Federal cost of
$42,100,000 and an estimated non-Federal cost of $22,200,000.
SEC. 379. BLAIR AND SITCUM WATERWAYS, TACOMA HARBOR, WASHINGTON.
(a) In General.--The project for navigation, Blair and Sitcum
Waterways, Tacoma Harbor, Washington, authorized by section 202(a) of
the Water Resources Development Act of 1986 (100 Stat. 4096), is
modified to direct the Secretary to review the locally prepared plan
for the Blair and Sitcum Waterways, Washington, 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, to authorize the
Secretary to carry out the plan, at a Federal cost of $4,240,000.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of work carried out by the
non-Federal interest before the date of the cooperation agreement for
the project if the Secretary determines that the work is integral to
the project.
SEC. 380. GREENBRIER RIVER BASIN, WEST VIRGINIA.
Section 579(c) of the Water Resources Development Act of 1996 (110
Stat. 3790; 113 Stat. 312) is amended by striking ``$47,000,000'' and
inserting ``$89,000,000''.
SEC. 381. MANITOWOC HARBOR, WISCONSIN.
The project for navigation, Manitowoc Harbor, Wisconsin, authorized
by the River and Harbor Act of August 30, 1852, is modified to direct
the Secretary to deepen the upstream reach of the navigation channel
from 12 feet to 18 feet, at a total cost of $300,000.
SEC. 382. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) In General.--Notwithstanding section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following
projects shall remain authorized to be carried out by the Secretary:
(1) The project for navigation, Fall River Harbor,
Massachusetts, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731).
(2) The project for flood control, Agana River, Guam,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4127).
(b) Limitation.--A project described in subsection (a) shall not be
authorized for construction after the last day of the 7-year period
beginning on the date of enactment of this Act, unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 383. PROJECT REAUTHORIZATION.
That portion of the project for navigation, Manitowoc Harbor,
Wisconsin, consisting of the channel in the south part of the outer
harbor, deauthorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1176), may be carried out by the Secretary if the Secretary
determines that it is feasible.
SEC. 384. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of
enactment of this Act:
(1) Bridgeport harbor, connecticut.--The portion of the
project for navigation, Bridgeport Harbor, Connecticut,
authorized by the River and Harbor Act of July 3, 1930 (46
Stat. 919), consisting of an 18-foot channel in Yellow Mill
River and described as follows: Beginning at a point along the
eastern limit of the existing project, N123,649.75,
E481,920.54, thence running northwesterly about 52.64 feet to a
point N123,683.03, E481,879.75, thence running northeasterly
about 1,442.21 feet to a point N125,030.08, E482,394.96, thence
running northeasterly about 139.52 feet to a point along the
east limit of the existing channel, N125,133.87, E482,488.19,
thence running southwesterly about 1,588.98 feet to the point
of origin.
(2) Island end river, massachusetts.--The portion of the
project for navigation, Island End River, Massachusetts,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), described as follows: Beginning at a
point along the eastern limit of the existing project,
N507,348.98, E721,180.01, thence running northeast about 35
feet to a point N507,384.17, E721,183.36, thence running
northeast about 324 feet to a point N507,590.51, E721,433.17,
thence running northeast about 345 feet to a point along the
northern limit of the existing project, N507,927.29,
E721,510.29, thence running southeast about 25 feet to a point
N507,921.71, E721,534.66, thence running southwest about 354
feet to a point N507,576.65, E721,455.64, thence running
southwest about 357 feet to the point of origin.
(3) City waterway, tacoma, washington.--The portion of the
project for navigation, City Waterway, Tacoma, Washington,
authorized by the first section of the River and Harbor
Appropriations Act of June 13, 1902 (32 Stat. 347), consisting
of the last 1,000 linear feet of the inner portion of the
waterway beginning at Station 70+00 and ending at Station
80+00.
SEC. 385. LAND CONVEYANCES.
(a) Milford, Kansas.--
(1) In general.--Subject to the provisions of this section,
the Secretary shall convey by quitclaim deed without
consideration to the Geary County Fire Department, Milford,
Kansas, all right, title, and interest of the United States in
and to a parcel of land consisting of approximately 7.4 acres
located in Geary County, Kansas, for construction, operation,
and maintenance of a fire station.
(2) Survey to obtain legal description.--The exact acreage
and the description of the real property referred to in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used for any purpose other than a
fire station, all right, title, and interest in and to the
property shall revert to the United States, at the option of
the United States.
(b) Hickory Point, Lake Eufaula, Oklahoma.--
(1) In general.--Subject to the provisions of this section,
the Secretary shall convey by quitclaim deed without
consideration to the Choctaw Nation all right, title, and
interest of the United States in and to approximately 265 acres
in the vicinity of Hickory Point, Lake Eufaula, Oklahoma,
together with any improvements thereon, for public ownership
and use for public recreation.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property referred to in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used for public recreation, all
right, title, and interest in and to the property shall revert to the
United States, at the option of the United States.
(c) Boardman, Oregon.--Section 501(g)(1) of the Water Resources
Development Act of 1996 (110 Stat. 3751) is amended--
(1) by striking ``city of Boardman,'' and inserting ``the
Boardman Park and Recreation District, Boardman,''; and
(2) by striking ``such city'' and inserting ``the city of
Boardman''.
(d) Generally Applicable Provisions.--
(1) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(2) 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.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental compliance costs, associated with
the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
SEC. 386. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE
RESTRICTIONS.
(a) In General.--With respect to each deed listed in subsection
(b), the reversionary interests and use restrictions relating to
industrial use purposes are extinguished.
(b) Affected Deeds.--The deeds with the following county auditor's
file numbers are referred to in subsection (a):
(1) Auditor's Instrument No. 399218 of Nez Perce County,
Idaho--2.07 acres.
(2) Auditor's Instrument No. 487437 of Nez Perce County,
Idaho--7.32 acres.
(c) No Effect of 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. 401. GREAT LAKES NAVIGATION SYSTEM.
Section 456 of the Water Resources Development Act of 1999 (113
Stat. 332) is amended by adding at the end the following: ``If the
Government of Canada and the Government of the United States have
entered into a bilateral agreement that provides for the financial
participation of the Government of Canada in the study, the Secretary
may accept such participation.''.
SEC. 402. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act of 1999 (113
Stat. 330-332) 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 services, materials, supplies, or other
in-kind contributions.''.
SEC. 403. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the feasibility of providing navigation improvements at St.
George, Alaska.
SEC. 404. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY, ILLINOIS,
IOWA, MINNESOTA, MISSOURI, AND WISCONSIN.
The Secretary shall transmit to Congress a report on the results of
the Upper Mississippi River and Illinois Waterway Restructured System
Navigation Feasibility Study, Illinois, Iowa, Minnesota, Missouri, and
Wisconsin, no later than July 1, 2004.
SEC. 405. HAMILTON, CALIFORNIA.
The Secretary is directed to continue planning, preconstruction,
engineering, and design efforts on the Sacramento-San Joaquin River
Basins Comprehensive Study-Hamilton City Flood Damage Reduction and
Ecosystem Restoration Initial Project and shall include in the study an
area 2 miles north and 4 miles south of State Highway 32.
SEC. 406. OCEANSIDE, CALIFORNIA.
Section 414 of the Water Resources Development Act of 2000 (114
Stat. 2636) is amended by striking ``32 months'' and inserting ``44
months''.
SEC. 407. SACRAMENTO RIVER, CALIFORNIA.
The Secretary shall conduct a comprehensive study to determine the
feasibility of, and alternatives for, measures to protect water
diversion facilities and fish protective screen facilities in the
vicinity of river mile 178 on the Sacramento River, California.
SEC. 408. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of the beneficial use of dredged material from the San
Francisco Bay in the Sacramento-San Joaquin Delta, California,
including the benefits and impacts of salinity in the Delta and the
benefits to navigation, flood damage reduction, ecosystem restoration,
water quality, salinity control, water supply reliability, and
recreation.
(b) Cooperation.--In conducting the study, the Secretary shall
cooperate with the California Department of Water Resources and
appropriate Federal and State entities in developing options for the
beneficial use of dredged material from San Francisco Bay for the
Sacramento-San Joaquin Delta area.
(c) Review.--The study shall include a review of the feasibility of
using Sherman Island as a rehandling site for levee maintenance
material, as well as for ecosystem restoration. The review may include
monitoring a pilot project using up to 150,000 cubic yards of dredged
material and being carried out at the Sherman Island site, examining
larger-scale use of dredged materials from the San Francisco Bay and
Suisun Bay Channel, and analyzing the feasibility of the potential use
of saline materials from the San Francisco Bay for both rehandling and
ecosystem restoration purposes.
SEC. 409. TYBEE ISLAND, GEORGIA.
The Secretary shall conduct a study to determine the feasibility of
including the northern end of Tybee Island extending from the north
terminal groin to the mouth of Lazaretto Creek as a part of the project
for beach erosion control, Tybee Island, Georgia, carried out under
section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5).
SEC. 410. CALUMET HARBOR, ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation at Calumet Harbor, Illinois.
SEC. 411. PADUCAH, KENTUCKY.
The Secretary is authorized to complete a rehabilitation evaluation
report for the project for flood damage reduction, Paducah, Kentucky,
and, if the Secretary determines that the project is feasible, proceed
to preconstruction engineering and design for rehabilitation of the
project.
SEC. 412. WEST FELICIANA PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for riverfront development, including enhanced
public access, recreation, and environmental restoration, on the
Mississippi River in West Feliciana Parish, Louisiana.
SEC. 413. CITY OF MACKINAC ISLAND, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation at the city of Mackinac Island,
Michigan.
SEC. 414. CHICAGO, ILLINOIS.
Section 425(a) of the Water Resources Development Act of 2000 (114
Stat. 2638) is amended by inserting ``Lake Michigan and'' before ``the
Chicago River''.
SEC. 415. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for the Mississippi River (Regulating Works),
between the Ohio and Missouri Rivers, Missouri and Illinois, to provide
for navigation and environmental restoration enhancements.
SEC. 416. ARTHUR KILL CHANNEL AND MORSES CREEK TO PERTH AMBOY, NEW
JERSEY.
The Secretary shall reevaluate the results of the study for the
project for navigation, Arthur Kill Channel and Morses Creek to Perth
Amboy, New Jersey, to determine whether the benefits of the project
have increased as a result of a change in circumstances. In conducting
the reevaluation, the Secretary shall review the locally prepared study
entitled ``Pre-Feasibility Study for Channel Improvements--Arthur Kill
from Morses Creek to Perth Amboy and Raritan Bay Approaches''.
SEC. 417. PUEBLO OF ZUNI, NEW MEXICO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for water resources development, environmental
restoration, and natural resources protection for the Pueblo of Zuni,
New Mexico, under section 203 of the Water Resources Development Act of
2000 (33 U.S.C. 2269).
SEC. 418. HUDSON-RARITAN ESTUARY, NEW YORK AND NEW JERSEY.
In carrying out the study for environmental restoration, Hudson-
Raritan Estuary, New York and New Jersey, the Secretary shall establish
and utilize watershed restoration teams composed of estuary restoration
experts from the Corps of Engineers, the New Jersey Department of
Environmental Protection, and the Port Authority of New York and New
Jersey and other experts designated by the Secretary for the purpose of
developing habitat restoration and water quality enhancement.
SEC. 419. LAKE CARL BLACKWELL, STILLWATER, OKLAHOMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and ecosystem
restoration at Lake Carl Blackwell, Stillwater, Oklahoma.
SEC. 420. SAC AND FOX NATION, OKLAHOMA.
The Secretary shall complete a water and related land resource
conservation and management plan for the Sac and Fox Nation, Oklahoma,
under section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269).
SEC. 421. SUTHERLIN, OREGON.
(a) Study.--The Secretary shall conduct a study of water resources
along Sutherlin Creek in the vicinity of Sutherlin, Oregon, to
determine the feasibility of carrying out a project to restore and
enhance aquatic resources using a combination of structural and
bioengineering techniques and, if the Secretary determines that the
project is feasible, may carry out the project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 422. ECOSYSTEM RESTORATION AND FISH PASSAGE IMPROVEMENTS, OREGON.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of undertaking ecosystem restoration and fish passage
improvements on rivers throughout the State of Oregon.
(b) Requirements.--In carrying out the study, the Secretary shall--
(1) work in coordination with the State of Oregon, local
governments, and other Federal agencies; and
(2) place emphasis on--
(A) fish passage and conservation and restoration
strategies to benefit species that are listed or
proposed for listing as threatened or endangered
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(B) other watershed restoration objectives.
(c) Pilot Program.--
(1) In general.--In conjunction with conducting the study
under subsection (a), the Secretary may carry out pilot
projects to demonstrate the effectiveness of ecosystem
restoration and fish passages.
(2) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this subsection.
SEC. 423. NORTHEASTERN PENNSYLVANIA AQUATIC ECOSYSTEM RESTORATION AND
PROTECTION.
The Secretary shall conduct a study to determine the feasibility of
carrying out aquatic ecosystem restoration and protection projects in
the counties of Lackawanna, Lycoming, Susquehanna, Wyoming, Pike,
Wayne, Sullivan, Bradford, Northumberland, Union, Snyder, and Montour,
Pennsylvania, particularly as related to abandoned mine drainage
abatement and reestablishment of stream and river channels.
SEC. 424. BROWNSVILLE SHIP CHANNEL, TEXAS.
(a) Mitigation.--In carrying out the study to determine the
feasibility of the project for navigation, Brownsville Ship Channel,
Brownsville, Texas, the Secretary shall examine the feasibility of
restoring wetlands in the vicinity of the Bahia Grande, Port Isabel,
Texas, for the purpose of mitigating project impacts.
(b) Credit.--If the Secretary determines that the wetlands
restoration referred to in subsection (a) is appropriate to meet
mitigation requirements for the project and the non-Federal interest
undertakes such restoration before the date of the cooperation
agreement for the project, the Secretary shall credit toward the non-
Federal share of the cost of planning, design, and construction of the
project the cost of such restoration work carried out by the non-
Federal interest if the Secretary determines that the work is integral
to the project.
SEC. 425. SABINE PASS TO GALVESTON BAY, TEXAS.
In conducting a feasibility study for shore protection and related
improvements between Sabine Pass and the entrance to Galveston Bay,
Texas, the Secretary may include any benefits related to the use of
State Highway 87 as an emergency evacuation route in the determination
of national economic development benefits of the project.
SEC. 426. CHEHALIS RIVER BASIN, WASHINGTON.
The Secretary shall conduct a river basin study for the Chehalis
River basin, Washington, including a study of the uses of the basin's
water resources to assist users in developing a fair and equitable
distribution of such resources.
SEC. 427. SPRAGUE, LINCOLN COUNTY, WASHINGTON.
The Secretary may accept from the non-Federal interest to pay all
or a part of the non-Federal share of the cost of feasibility study for
the project for flood control in the vicinity of Sprague, Lincoln
County, Washington, funds made available under any other Federal
program if such use of the funds is permitted under the Federal
program.
SEC. 428. MONONGAHELA RIVER BASIN, NORTHERN WEST VIRGINIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out aquatic ecosystem restoration and protection projects in
the watersheds of the Monongahela River basin lying within the counties
of Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge,
Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker,
Mineral, Grant, Gilmer, Brooke, and Rithchie, West Virginia,
particularly as related to abandoned mine drainage abatement.
SEC. 429. WAUWATOSA, WISCONSIN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and environmental
restoration, Menomonee River and Underwood Creek, Wauwatosa, Wisconsin.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of a non-Federal interest, the
Secretary shall be responsible for maintenance of the following
navigation channels constructed or improved by the non-Federal interest
if the Secretary determines that such maintenance is economically
justified and environmentally acceptable and that the channel was
constructed in accordance with applicable permits and appropriate
engineering and design standards:
(1) Pix Bayou navigation channel, Chambers County, Texas.
(2) Pidgeon Industrial Harbor, Pidgeon Industrial Park,
Memphis Harbor, Tennessee.
(3) Racine Harbor, Wisconsin.
(b) Completion of Assessment.--Not later than 6 months after the
date of receipt of a request from a non-Federal interest for Federal
assumption of maintenance of a channel listed in subsection (a), the
Secretary shall make a determination as provided in subsection (a) and
advise the non-Federal interest of the Secretary's determination.
(c) Sabine-Neches Waterway, Texas.--The Secretary shall remove
sunken vessels and debris between miles 35 and 43 of the Channel to
Orange, Sabine-Neches Waterway, Texas, for the purpose of improving
navigation safety and reducing the risk to the public.
SEC. 502. WATERSHED MANAGEMENT.
(a) In General.--The Secretary may provide technical, planning, and
design assistance to non-Federal interests for carrying out watershed
management, restoration, and development projects at the locations
described in subsection (d).
(b) Specific Measures.--Assistance provided under subsection (a)
may be in support of non-Federal projects for the following purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural
measures to reduce destructive impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) shall be 50 percent.
(d) Project Locations.--The locations referred to in subsection (a)
are the following:
(1) Choctawhatchee, Pea, and Yellow Rivers watershed, in
Barbour, Bullock, Coffee, Covington, Crenshaw, Dale, Geneva,
Henry, Houston, and Pike Counties, Alabama.
(2) Spring Branch watershed, Huntsville, Alabama.
(3) Cucamonga basin, Upland, California.
(4) Tuolumne County, California.
(5) Kinkaid Lake, Jackson County, Illinois.
(6) Those portions of the watersheds of the Concord,
Charles, Blackstone, Neponset, Taunton, Nashua, Shawsheen, and
Merrimack Rivers, Massachusetts, lying within the Interstate
Route 495 corridor.
(7) Jackson Brook watershed, New Jersey.
(8) Those portions of the watersheds of the Beaver, Upper
Ohio, Connoquenessing, Lower Allegheny, Kiskiminetas, Lower
Monongahela, Youghiogheny, Shenango, and Mahoning Rivers lying
within the counties of Beaver, Butler, Lawrence, and Mercer,
Pennsylvania.
(9) Southampton Creek watershed, Southampton, Pennsylvania.
(10) Unami Creek watershed, Milford Township, Pennsylvania.
(11) Amite River basin, Louisiana.
(12) Iberville Parish, East Atchafalaya River basin,
Louisiana.
(13) Genesee River watershed, New York.
(14) Tonawanda Creek watershed, New York.
(15) Buffalo River watershed, New York.
(16) Eighteenmile Creek watershed, Niagara County, New
York.
(17) Cattaragus Creek watershed, New York.
(18) Oswego River basin, New York.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 503. DAM SAFETY.
(a) Assistance.--The Secretary may provide assistance to enhance
dam safety at the following locations:
(1) Mountain Park Dam, Mountain Park, Georgia.
(2) Barber Dam, Ada County, Idaho.
(3) Fish Creek Dam, Blaine County, Idaho.
(4) Lost Valley Dam, Adams County, Idaho.
(5) Salmon Falls Dam, Twin Falls County, Idaho.
(6) Whaley Lake Dam, Pawling, New York.
(7) Lake Carl Blackwell Dam, Stillwater, Oklahoma.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
SEC. 504. STRUCTURAL INTEGRITY EVALUATIONS.
(a) In General.--Upon request of a non-Federal interest, the
Secretary shall evaluate the structural integrity and effectiveness of
a project for flood damage reduction and, if the Secretary determines
that the project does not meet such minimum standards as the Secretary
may establish and, absent action by the Secretary, the project will
fail, the Secretary may take such action as may be necessary to restore
the integrity and effectiveness of the project.
(b) Priority.--The Secretary shall evaluate under subsection (a)
the following projects:
(1) Project for flood damage reduction, Arkansas River
Levees, river mile 205 to river mile 308.4, Arkansas.
(2) Project for flood damage reduction, Marianna Borough,
Pennsylvania.
(3) Project for flood damage reduction, Nonconnah Creek,
Tennessee.
SEC. 505. FLOOD MITIGATION PRIORITY AREAS.
Section 212(e) of the Water Resources Development Act of 1999 (33
U.S.C. 2332(e); 114 Stat. 2599) is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting a semicolon; and
(3) by adding at the end the following:
``(29) La Crosse County, Wisconsin;
``(30) Crawford County, Wisconsin;
``(31) Buffalo County, Wisconsin;
``(32) Calhoun County, Illinois;
``(33) Saint Charles County, Missouri;
``(34) Saint Louis County, Missouri;
``(35) Dubuque County, Iowa;
``(36) Scott County, Iowa;
``(37) Rock Island County, Illinois;
``(38) Ascension Parish, Louisiana;
``(39) East Baton Rouge Parish, Louisiana;
``(40) Iberville Parish, Louisiana; and
``(41) Livingston Parish, Louisiana.''.
SEC. 506. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS.
Section 219(e) of the Water Resources Development Act of 1992 (106
Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) $20,000,000 for the project described in subsection
(c)(20);
``(10) $20,000,000 for the project described in subsection
(c)(25);
``(11) $15,000,000 for the project described in subsection
(c)(26);
``(12) $7,800,000 for the project described in subsection
(c)(27);
``(13) $18,000,000 for the project described in subsection
(c)(31); and
``(14) $30,000,000 for the project described in subsection
(c)(40).''.
SEC. 507. EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN
PROJECTS.
The Secretary shall expedite completion of the reports and, if the
Secretary determines the project is feasible, shall expedite completion
of construction for the following projects:
(1) Welch Point, Elk River, Cecil County, Maryland, and
Chesapeake, Maryland, being carried out under section 535 of
the Water Resources Development Act of 1999 (113 Stat. 348-
349).
(2) West View Shores, Cecil County, Maryland, being carried
out under section 521 of the Water Resources Development Act of
2000 (114. Stat. 2655).
(3) Sylvan Beach Breakwater, Verona, Oneida County, New
York, being carried out under section 3 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. 426g).
(4) Fulmer Creek, Village of Mohawk, New York, being
carried out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(5) Moyer Creek, Village of Frankfort, New York, being
carried out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(6) Steele Creek, Village of Ilion, New York, being carried
out under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
SEC. 508. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
The Secretary shall expedite completion of the reports for the
following projects and, if the Secretary determines that a project is
justified in the completed report, proceed directly to project
preconstruction, engineering, and design:
(1) Project for flood damage reduction and ecosystem
restoration, Sacramento and San Joaquin River basins, Hamilton,
California.
(2) Project for shoreline protection, Detroit River
Greenway Corridor, Detroit, Michigan.
SEC. 509. SOUTHEASTERN WATER RESOURCES ASSESSMENT.
The Secretary may provide assistance to a coordinated effort by
Federal, State, and local agencies, non-Federal and nonprofit entities,
regional researchers, and other interested parties to assess the water
resources and water resources needs of river basins and watersheds of
the southeastern United States.
SEC. 510. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.
Section 1103(e)(7)(A) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)(7)(A)) is amended by adding at the end the
following: ``The non-Federal interest may provide the non-Federal share
of the cost of the project in the form of services, materials,
supplies, or other in-kind contributions.''.
SEC. 511. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
Section 514(g) of the Water Resources Development Act of 1999 (113
Stat. 343) is amended by striking ``and 2001'' and inserting ``through
2015''.
SEC. 512. MEMBERSHIP OF MISSOURI RIVER TRUST.
Section 904(b)(1)(B) of the Water Resources Development Act of 2000
(114 Stat. 2708) is amended--
(1) by striking ``and'' at the end of clause (vii);
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) rural water systems; and''.
SEC. 513. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503(e) of the Water Resources Development Act of 1996 (110
Stat. 3757) is amended by striking ``$15,000,000'' and inserting
``$25,000,000''.
SEC. 514. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(f)(3)(B) of the Water Resources Development Act of 2000
(42 U.S.C. 1962d; 114 Stat. 2646) is amended by striking ``50 percent''
and inserting ``100 percent''.
SEC. 515. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS.
(a) Ex Officio Member.--Notwithstanding section 3001(a) of the 1997
Emergency Supplemental Appropriations Act for Recovery From Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (111 Stat. 176) and section 2.2 of both the Susquehanna River
Basin Compact (Public Law 91-575) and the Delaware River Basin Compact
(Public Law 87-328), beginning in fiscal year 2002 and thereafter, the
Division Engineer, North Atlantic Division, Corps of Engineers, shall
be the ex officio United States member under the Susquehanna River
Basin Compact and the Delaware River Basin Compact, who shall serve
without additional compensation and who may designate an alternate
member or members in accordance with the terms of those respective
compacts.
(b) Authorization To Allocate.--The Secretary may allocate funds to
the Susquehanna River Basin Commission, Delaware River Basin
Commission, and the Interstate Commission on the Potomac River Basin
(Potomac River Basin Compact (Public Law 91-407)) to fulfill the
equitable funding requirements of their respective interstate compacts.
(c) Water Supply and Conservation Storage.--The Secretary shall
enter into an agreement with the Delaware River Basin Commission to
provide temporary water supply and conservation storage at the Francis
E. Walter Dam, Pennsylvania, during any period in which the Commission
has determined that a drought warning or drought emergency exists. The
agreement shall provide that the cost for any such water supply and
conservation storage shall not exceed the incremental operating costs
associated with providing the storage.
SEC. 516. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
Section 510(i) of the Water Resources Development Act of 1996 (110
Stat. 3761) is amended by striking ``$10,000,000'' and inserting
``$30,000,000''.
SEC. 517. MONTGOMERY, ALABAMA.
The Secretary shall review the navigation and aquatic ecosystem
restoration components of the Montgomery Riverfront and Downtown Master
Plan, Montgomery, Alabama, dated May 2001, and prepared by the non-
Federal interest and, if the Secretary determines that those components
meet the evaluation and design standards of the Corps of Engineers and
that the components are feasible, may carry out the components at a
Federal cost not to exceed $5,000,000.
SEC. 518. ALASKA.
Section 570 of the Water Resources Development Act of 1999 (113
Stat. 369) is amended--
(1) in subsection (e)(3)(B) by striking the last sentence;
(2) in subsection (h) by striking ``$25,000,000'' and
inserting ``$40,000,000''; and
(3) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
SEC. 519. AKUTAN SMALL BOAT HARBOR, ALASKA.
(a) In General.--The Secretary shall expedite the study for the
Akutan Small Boat Harbor, Alaska, and upon completion of the
feasibility study, shall design and construct the project, if the
Secretary determines that the project is feasible.
(b) Treatment of Certain Dredging.--The headlands dredging for the
mooring basin shall be considered general navigation feature for
purposes of estimating the non-Federal share of the cost of the
project.
SEC. 520. LOWELL CREEK TUNNEL, SEWARD, ALASKA.
(a) Long-Term Maintenance and Repair.--The Secretary shall assume
responsibility for the long-term maintenance and repair of the Lowell
Creek Tunnel.
(b) Study.--The Secretary shall conduct a study to determine
whether alternative methods of flood diversion in Lowell Canyon are
feasible.
SEC. 521. ST. HERMAN HARBOR, KODIAK, ALASKA.
The Secretary shall carry out, on an emergency basis, necessary
removal of rubble, sediment, and rock that are impeding the entrance to
the St. Herman Harbor, Kodiak, Alaska, at a Federal cost of $2,000,000.
SEC. 522. AUGUSTA AND CLARENDON, ARKANSAS.
(a) In General.--The Secretary is authorized to perform operation,
maintenance, and rehabilitation of authorized and completed levees on
the White River between Augusta and Clarendon, Arkansas.
(b) Reimbursement.--After performing the operation, maintenance,
and rehabilitation under subsection (a), the Secretary shall seek
reimbursement from the Secretary of the Interior of an amount equal to
the costs allocated to benefits to a Federal wildlife refuge of such
operation, maintenance, and rehabilitation.
SEC. 523. LOOMIS LANDING, ARKANSAS.
The Secretary shall conduct a study of shore damage in the vicinity
of Loomis Landing, Arkansas, to determine if the damage is the result
of a Federal navigation project, and, if the Secretary determines that
the damage is the result of a Federal navigation project, the Secretary
shall carry out a project to mitigate the damage under section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 524. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI.
The Secretary shall conduct a study of increased siltation and
streambank erosion in the St. Francis River basin, Arkansas and
Missouri, to determine if the siltation or erosion, or both, are the
result of a Federal flood control project and, if the Secretary
determines that the siltation or erosion, or both, are the result of a
Federal flood control project, the Secretary shall carry out a project
to mitigate the siltation or erosion, or both.
SEC. 525. CAMBRIA, CALIFORNIA.
Section 219(f)(48) of the Water Resources Development Act of 1992
(114 Stat. 2763A-220) is amended--
(1) by striking ``$10,300,000'' and inserting the
following:
``(A) In general.--$10,300,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project not to
exceed $3,000,000 for the cost of planning and design
work carried out by the non-Federal interest before the
date of the cooperation agreement for the project if
the Secretary determines that the work is integral to
the project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 526. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Development Act of 1992
(106 Stat. 4835-4836; 113 Stat. 336) is amended--
(1) by striking ``$25,000,000'' and inserting the
following:
``(A) In general.--$25,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project (i)
the cost of design and construction work carried out by
the non-Federal interest before the date of the
cooperation agreement for the project if the Secretary
determines that the work is integral to the project;
and (ii) the cost of in-kind services and materials
provided for the project by the non-Federal
interest.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 527. HARBOR/SOUTH BAY, CALIFORNIA.
Section 219(f)(43) of the Water Resources Development Act of 1992
(113 Stat. 337; 114 Stat. 2763A-220) is amended by striking
``California.'' and inserting ``California, and for the Southern Los
Angeles County Groundwater Pipeline Project, Pico Rivera, Downey,
Bellflower, Paramount Lakewood, and Long Beach, California.''.
SEC. 528. SACRAMENTO AREA, CALIFORNIA.
Section 219(f)(23) of the Water Resources Development Act of 1992
(106 Stat. 4835-4836; 113 Stat. 336) is amended--
(1) by striking ``$25,000,000'' and inserting
``$35,000,000''; and
(2) by inserting ``water supply and'' before ``regional''.
SEC. 529. SAN FRANCISCO, CALIFORNIA.
(a) Pier 70 Wharf 5 Removal and Dredging Project.--The Secretary,
in cooperation with the Port of San Francisco, shall carry out the
project for removal of Wharf 5 and associated pilings and dredgings at
Pier 70 in San Francisco, California, substantially in accordance with
the Port's redevelopment plans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,600,000 to carry out this section.
SEC. 530. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
(a) Area To Be Declared Nonnavigable; Public Interest.--Unless the
Secretary finds, after consultation with local and regional public
officials (including local and regional public planning organizations),
that the proposed projects to be undertaken within the boundaries of
the portion of the San Francisco, California, waterfront area described
in subsection (b) are not in the public interest, such portion is
declared to be nonnavigable waters of the United States.
(b) Northern Embarcadero South of Bryant Street.--The portion of
the San Francisco, California, waterfront area referred to in
subsection (a) is as follows: Beginning at the intersection of the
northwesterly line of Bryant Street with the southwesterly line of
Spear Street, which intersection lies on the line of jurisdiction of
the San Francisco Port Authority; following thence westerly and
southerly along said line of jurisdiction as described in the State of
California Harbor and Navigable Code Section 1770, as amended in 1961,
to its intersection with the easterly line of Townsend Street produced
southerly; thence northerly along said easterly line of Townsend Street
produced to its intersection with the United States Government pier-
head line; thence following said pier-head line westerly and northerly
to its intersection with the existing boundary line of Piers 30/32,
then northerly and easterly along the existing boundary of Piers 30/32
until its intersection with the United States Government pier-head
line, thence following said pier-head line westerly and northerly to
the northwesterly line of Bryant Street produced northwesterly; thence
southwesterly along said northwesterly line of Bryant Street produced
to the point of beginning.
(c) Requirement That Area Be Improved.--The declaration of
nonnavigability under subsection (a) applies only to those parts of the
area described in subsection (b) that are or will be bulkheaded,
filled, or otherwise occupied by permanent structures. All such work is
subject to all applicable Federal statutes and regulations, including
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403;
30 Stat. 1151), commonly known as the Rivers and Harbors Appropriation
Act of 1899, section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344), and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(d) Expiration Date.--If, 20 years from the date of enactment of
this Act, any area or part thereof described in subsection (b) is not
bulkheaded or filled or occupied by permanent structures, including
marina facilities, in accordance with the requirements set out in
subsection (c), or if work in connection with any activity permitted in
subsection (c) is not commenced within 5 years after issuance of such
permits, then the declaration of nonnavigability for such area or part
thereof shall expire.
SEC. 531. STOCKTON, CALIFORNIA.
The Secretary shall reevaluate the feasibility of the Lower Mosher
Slough element and the levee extensions on the Upper Calaveras River
element of the project for flood control, Stockton Metropolitan Area,
California, carried out under section 211(f)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3683), to determine the eligibility
of such elements for reimbursement under section 211 of such Act (33
U.S.C. 701b-13). If the Secretary determines that such elements are
feasible, the Secretary shall reimburse, subject to appropriations, the
non-Federal interest under section 211 of such Act for the Federal
share of the cost of such elements.
SEC. 532. EVERGLADES RESTORATION, FLORIDA.
(a) Comprehensive Plan.--
(1) Hillsboro and okeechobee aquifer.--Section 601(b)(2)(A)
of the Water Resources Development Act of 2000 (114 Stat. 2681)
is amended--
(A) in clause (i) by adding at the end the
following: ``The project for aquifer storage and
recovery, Hillsboro and Okeechobee Aquifer, Florida,
authorized by section 101(a)(16) of the Water Resources
Development Act of 1999 (113 Stat. 276), shall be
treated for purposes of this section as being in the
Plan.''; and
(B) in clause (iii) by inserting after
``subparagraph (B)'' the following: ``and the project
for aquifer storage and recovery, Hillsboro and
Okeechobee Aquifer''.
(2) Outreach and assistance.--Section 601(k) of such Act
(114 Stat. 2691-2692) is amended by adding at the end the
following:
``(3) Maximum expenditures.--The Secretary may expend up to
$3,000,000 per fiscal year for fiscal years beginning after
September 30, 2002, to carry out this subsection.''.
(b) Critical Restoration Projects.--Section 528(b)(3)(C) of the
Water Resources Development Act of 1996 (110 Stat. 3769; 113 Stat. 286)
is amended--
(1) in clause (i) by striking ``$75,000,000'' and all that
follows through ``2003'' and inserting ``$95,000,000''; and
(2) in clause (ii) by striking ``$25,000,000'' and
inserting ``$30,000,000''.
SEC. 533. MAYO'S BAR LOCK AND DAM, COOSA RIVER, ROME, GEORGIA.
The Secretary may provide assistance for the reconstruction of the
Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia.
SEC. 534. RILEY CREEK RECREATION AREA, IDAHO.
The Secretary is authorized to carry out the Riley Creek Recreation
Area Operation Plan of the Albeni Falls Management Plan, dated October
2001, for the Riley Creek Recreation Area, Albeni Falls Dam, Bonner
County, Idaho.
SEC. 535. GRAND TOWER DRAINAGE AND LEVEES, GRAND TOWER TOWNSHIP,
ILLINOIS.
(a) In General.--The Secretary is authorized to perform operation
and maintenance of authorized and completed levees on the Mississippi
River in Grand Tower Township, Illinois.
(b) Allocation of Costs.--The Secretary shall allocate the cost of
operation and maintenance performed under subsection (a) on the basis
of whether the lands protected by the levees are owned by the United
States.
(c) Non-Federal Costs.--If the lands protected by the levees are
not owned by the United States, the cost of operation and maintenance
allocated to protecting such lands under subsection (b) shall be a non-
Federal cost.
(d) Federal Costs.--If the lands protected by the levees are owned
by the United States, the cost of operation and maintenance allocated
to protecting such lands under subsection (b) shall be a Federal cost.
After performing the operation and maintenance under subsection (a),
the Secretary shall seek reimbursement from the Secretary of the
Agriculture of an amount equal to the costs allocated to protecting
lands owned by the Department of Agriculture.
SEC. 536. KASKASKIA RIVER BASIN, ILLINOIS, RESTORATION.
(a) Kaskaskia River Basin Defined.--In this section, the term
``Kaskaskia River basin'' means the Kaskaskia River, Illinois, its
backwaters, its side channels, and all tributaries, including their
watersheds, draining into the Kaskaskia River.
(b) Comprehensive Plan.--
(1) Development.--The Secretary shall develop, as
expeditiously as practicable, a comprehensive plan for the
purpose of restoring, preserving, and protecting the Kaskaskia
River basin.
(2) Technologies and innovative approaches.--The
comprehensive plan shall provide for the development of new
technologies and innovative approaches--
(A) to enhance the Kaskaskia River as a
transportation corridor;
(B) to improve water quality within the entire
Kaskaskia River basin;
(C) to restore, enhance, and preserve habitat for
plants and wildlife;
(D) to increase economic opportunity for
agriculture and business communities; and
(E) to reduce the impacts of flooding to
communities and landowners.
(3) Specific components.--The comprehensive plan shall
include such features as are necessary to provide for--
(A) the development and implementation of a program
for sediment removal technology, sediment
characterization, sediment transport, and beneficial
uses of sediment;
(B) the development and implementation of a program
for the planning, conservation, evaluation, and
construction of measures for fish and wildlife habitat
conservation and rehabilitation, and stabilization and
enhancement of land and water resources in the basin;
(C) the development and implementation of a long-
term resource monitoring program;
(D) the development and implementation of a
computerized inventory and analysis system; and
(E) the development and implementation of a
systemic plan to reduce flood impacts by means of
ecosystem restoration projects.
(4) Consultation.--The comprehensive plan shall be
developed by the Secretary in consultation with appropriate
Federal agencies, the State of Illinois, and the Kaskaskia
River Coordinating Council.
(5) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
Congress a report containing the comprehensive plan.
(6) Additional studies and analyses.--After transmission of
a report under paragraph (5), the Secretary shall conduct
studies and analyses of projects related to the comprehensive
plan that are appropriate and consistent with this subsection.
(c) General Provisions.--
(1) Water quality.--In carrying out activities under this
section, the Secretary's recommendations shall be consistent
with applicable State water quality standards.
(2) Public participation.--In developing the comprehensive
plan under subsection (b), the Secretary shall implement
procedures to facilitate public participation, including
providing advance notice of meetings, providing adequate
opportunity for public input and comment, maintaining
appropriate records, and making a record of the proceedings of
meetings available for public inspection.
(d) Coordination.--The Secretary shall integrate activities carried
out under this section with ongoing Federal and State programs,
projects, and activities, including the following:
(1) Farm programs of the Department of Agriculture.
(2) Conservation Reserve Enhancement Program (State of
Illinois) and Conservation 2000 Ecosystem Program of the
Illinois Department of Natural Resources.
(3) Conservation 2000 Conservation Practices Program and
the Livestock Management Facilities Act administered by the
Illinois Department of Agriculture.
(4) National Buffer Initiative of the Natural Resources
Conservation Service.
(5) Nonpoint source grant program administered by the
Illinois Environmental Protection Agency.
(e) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of
activities carried out under this section shall be 35 percent.
(2) In-kind services.--The Secretary may credit the cost of
in-kind services provided by the non-Federal interest for an
activity carried out under this section toward not more than 80
percent of the non-Federal share of the cost of the activity.
In-kind services shall include all State funds expended on
programs that accomplish the goals of this section, as
determined by the Secretary. The programs may include the
Kaskaskia River Conservation Reserve Program, the Illinois
Conservation 2000 Program, the Open Lands Trust Fund, and other
appropriate programs carried out in the Kaskaskia River basin.
SEC. 537. NATALIE CREEK, MIDLOTHIAN AND OAK FOREST, ILLINOIS.
The Secretary shall carry out a project for flood damage reduction
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)
Natalie Creek, Midlothian and Oak Forest, Illinois, if the Secretary
determines that the project is feasible.
SEC. 538. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Development Act of 2000
(114 Stat. 2654) is amended by striking ``2004'' and inserting
``2010''.
SEC. 539. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Development Act of 1992
(113 Stat. 335) is amended--
(1) by striking ``$10,000,000'' and inserting
``$30,000,000''; and
(2) by striking ``Lake and Porter'' and inserting ``Benton,
Jasper, Lake, Newton, and Porter''.
SEC. 540. RATHBUN LAKE, IOWA.
(a) Conveyance.--The Secretary shall convey the remaining water
supply storage allocation in Rathbun Lake, Iowa, to the Rathbun
Regional Water Association (in this section referred to as the ``Water
Association'').
(b) Cost Sharing.--Notwithstanding the Water Supply Act of 1958 (43
U.S.C. 390b), the Water Association shall pay 100 percent of the cost
of the water supply storage allocation to be conveyed under subsection
(a). The Secretary shall credit toward such non-Federal share the cost
of any structures and facilities constructed by the Water Association
at the project.
(c) Terms and Conditions.--Before conveying the water supply
storage allocation under subsection (a), the Secretary shall enter into
an agreement with the Water Association under which the Water
Association shall agree to--
(1) in accordance with designs approved by the Chief of
Engineers, construct structures and facilities referred to in
subsection (b) that have a value equal to or greater than the
amount that otherwise would be paid to the Federal Government
for the costs of the water supply storage under the Water
Supply Act of 1958 (43 U.S.C. 390b);
(2) be responsible for operating and maintaining the
structures and facilities;
(3) pay all operation and maintenance costs allocated to
the water supply storage space;
(4) use any revenues generated at the structures and
facilities that are above those required to operate and
maintain or improve the complex to undertake, subject to the
approval of the Chief of Engineers, activities that will
improve the quality of the environment in the Rathbun Lake
watershed area; and
(5) such other terms and conditions as the Secretary
considers necessary to protect the interests of the United
States.
SEC. 541. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY.
The Secretary shall conduct a study of flood damage along Mayfield
Creek and tributaries between Wickliffe and Mayfield, Kentucky, to
determine if the damage is the result of a Federal flood damage
reduction project, and, if the Secretary determines that the damage is
the result of a Federal flood damage reduction project, the Secretary
shall carry out a project to mitigate the damage at Federal expense.
SEC. 542. SOUTHERN AND EASTERN KENTUCKY.
(a) Project Purposes.--Section 531(b) of the Water Resources
Development Act of 1996 (110 Stat. 3773) is amended by inserting before
``and resource'' the following: ``, environmental restoration,''.
(b) Definition.--Section 531(g) of such Act (110 Stat. 3774) is
amended by inserting after ``Lee,'' the following: ``Bath, Rowan,''.
(c) Authorization of Appropriations.--Section 531(h) of such Act
(110 Stat. 3774; 113 Stat. 348) is amended by striking ``$25,000,000''
and inserting ``$40,000,000''.
(d) Corps of Engineers Expenses.--Section 531 of such Act (110
Stat. 3774; 113 Stat. 348) is amended by adding at the end the
following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
SEC. 543. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Coastal louisiana ecosystem.--The term ``Coastal
Louisiana Ecosystem'' means the coastal area of Louisiana from
the Sabine River on the west to the Pearl River on the east and
includes tidal waters, barrier islands, marshes, coastal
wetlands, rivers and streams, and adjacent areas.
(2) Governor.--The term ``Governor'' means the Governor of
Louisiana.
(3) Task force.--The term ``Task Force'' means the Coastal
Louisiana Ecosystem Protection and Restoration Task Force
established by subsection (e).
(b) Comprehensive Plan.--
(1) In general.--The Secretary shall develop a
comprehensive plan for the purpose of protecting, preserving,
and restoring the Coastal Louisiana Ecosystem. The
comprehensive plan shall provide for the protection,
conservation and restoration of the wetlands, barrier islands,
shorelines, and related lands and features that protect
critical resources, habitat, and infrastructure from the
impacts of coastal storms, hurricanes, erosion, and subsidence.
(2) Deadline.--Not later than July 1, 2004, the Secretary
shall transmit the plan to Congress.
(3) Contents.--The plan shall include a comprehensive
report and a programmatic environmental impact statement
covering the proposed Federal action set forth in the plan.
(4) Additional studies and analyses.--After transmission of
a report under this subsection, the Secretary may conduct
studies and analyses of projects related to the comprehensive
plan that are appropriate and consistent with this subsection.
(c) Integration of Other Activities.--
(1) In general.--In developing the plan under subsection
(b), the Secretary shall integrate ongoing Federal and State
projects and activities, including projects implemented under
the Coastal Wetlands Planning, Protection and Restoration Act
(16 U.S.C. 3951 et seq.), the Louisiana Coastal Wetlands
Conservation Plan, the Louisiana Coastal Zone Management Plan,
and the plan of the State of Louisiana entitled ``Coast 2050:
Toward a Sustainable Coastal Louisiana''.
(2) Statutory construction.--
(A) Existing authority.--Except as otherwise
expressly provided for in this section, nothing in the
section affects any authority in effect on the date of
enactment of this Act, or any requirement relating to
the participation in protection or restoration
activities in the Coastal Louisiana Ecosystem,
including projects and activities specified in
paragraph (1) of--
(i) the Department of the Army;
(ii) the Department of the Interior;
(iii) the Department of Commerce;
(iv) the Environmental Protection Agency;
(v) the Department of Agriculture;
(vi) the Department of Transportation;
(vii) the Department of Energy; and
(viii) the State of Louisiana.
(B) New authority.--Nothing in this section confers
any new regulatory authority on any Federal or non-
Federal entity that carries out any activity authorized
by this section.
(d) Cost Sharing.--The non-Federal share of the cost of developing
the plan under subsection (b) shall be 50 percent.
(e) Coastal Louisiana Ecosystem Protection and Restoration Task
Force.--
(1) Establishment and membership.--There is established the
Coastal Louisiana Ecosystem Protection and Restoration Task
Force, which shall consist of the following members (or, in the
case of the head of a Federal Agency, a designee at the level
of Assistant Secretary or an equivalent level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environmental
Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Coastal Advisor to the Governor.
(I) The Secretary of the Louisiana Department of
Natural Resources.
(J) A representative of the Governor's Advisory
Commission on Coastal Restoration and Conservation,
Louisiana.
(2) Duties of task force.--The Task Force--
(A) shall consult with, and provide recommendations
to, the Secretary during development of the
comprehensive plan under subsection (b)(1);
(B) shall coordinate the development of consistent
policies, strategies, plans, programs, projects,
activities, and priorities for addressing the
protection, conservation, and restoration of the
Coastal Louisiana Ecosystem;
(C) shall exchange information regarding programs,
projects, and activities of the agencies and entities
represented on the Task Force to promote ecosystem
protection, restoration, and maintenance;
(D) shall establish a regional working group which
shall include representatives of the agencies and
entities represented on the Task Force as well as other
governmental entities as appropriate for the purpose of
formulating, recommending, coordinating, and
implementing policies, strategies, plans, programs,
projects, activities, and priorities of the Task Force;
(E) may allow the working group described in
subparagraph (D) to--
(i) establish such advisory bodies as are
necessary to assist the Task Force in its
duties; and
(ii) select as an advisory body any entity
that represents a broad variety of private and
public interests;
(F) shall facilitate the resolution of interagency
and intergovernmental conflicts associated with the
protection, conservation, and restoration of the
Coastal Louisiana Ecosystem;
(G) shall coordinate scientific research associated
with the protection and restoration of the Coastal
Louisiana Ecosystem;
(H) shall provide assistance and support to
agencies and entities represented on the Task Force in
their protection and restoration activities;
(I) shall prepare an integrated financial plan and
recommendations for coordinated budget requests for the
funds proposed to be expended by agencies and entities
represented on the Task Force for the protection,
conservation, and restoration of the Coastal Louisiana
Ecosystem; and
(J) shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report that summarizes the
activities of the Task Force.
(3) Procedures and advice.--
(A) Public participation.--
(i) In general.--The Task Force shall
implement procedures to facilitate public
participation in the advisory process,
including providing advance notice of meetings,
providing adequate opportunity for public input
and comment, maintaining appropriate records,
and making a record of proceedings of meetings
available for public inspection.
(ii) Oversight.--The Secretary shall ensure
that the procedures described in clause (i) are
adopted and implemented and that the records
described in clause (i) are accurately
maintained and available for public inspection.
(B) Advisors to the task force and working
groups.--The Task Force or the working group described
in paragraph (2)(D) may seek such advice and input from
any interested, knowledgeable, or affected party as the
Task Force or working group determines to be necessary
to perform the duties described in paragraph (2).
(C) Application of the federal advisory committee
act.--The Task Force, advisors to the Task Force, and
any associated workgroups shall not be considered
advisory committees under the Federal Advisory
Committee Act (5 U.S.C. App).
(4) Compensation.--A member of the Task Force shall receive
no additional compensation for the services provided as a
member of the Task Force.
(5) Travel expenses.--Travel expenses incurred by a member
of the Task Force in the performance of services for the Task
Force shall be paid by the agency or entity that the member
represents.
SEC. 544. BATON ROUGE, LOUISIANA.
Section 219(f)(21) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A-220) is amended by striking
``$20,000,000'' and inserting ``$35,000,000''.
SEC. 545. WEST BATON ROUGE PARISH, LOUISIANA.
Section 517(5) of the Water Resources Development Act of 1999 (113
Stat. 345) is amended to read as follows:
``(5) Mississippi River, West Baton Rouge Parish,
Louisiana, project for waterfront and riverine preservation,
restoration, enhancement modifications, and interpretive center
development.''.
SEC. 546. CHESAPEAKE BAY SHORELINE, MARYLAND, VIRGINIA, PENNSYLVANIA,
AND DELAWARE.
(a) In General.--In carrying out comprehensive study of the
feasibility of a project to address shoreline erosion and related
sediment management measures to protect water and land resources of the
Chesapeake Bay, the Secretary may carry out pilot projects to
demonstrate the feasibility of alternative measures to address sediment
loads to the Chesapeake Bay from sediment behind dams on the lower
Susquehanna River.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 547. DELMARVA CONSERVATION CORRIDOR, MARYLAND.
(a) Assistance.--The Secretary may provide technical assistance to
the Secretary of Agriculture in carrying out the Conservation Corridor
Demonstration Program authorized under subtitle G of title II of Public
Law 107-171 (116 Stat. 275-278).
(b) Coordination and Integration.--In carrying out water resources
projects in the State of Maryland on land located on the east side of
the Chesapeake Bay, the Secretary shall coordinate and integrate, to
the extent practicable, such projects with any activities undertaken to
implement a conservation corridor plan approved by the Secretary of
Agriculture under section 2602 of Public Law 107-171 (116 Stat. 275-
276).
SEC. 548. DETROIT RIVER, MICHIGAN.
Section 568(c)(2) of the Water Resources Development Act of 1999
(113 Stat. 368) is amended by striking ``$1,000,000'' and inserting
``$25,000,000''.
SEC. 549. OAKLAND COUNTY, MICHIGAN.
Section 219(f)(29) of the Water Resources Development Act of 1992
(113 Stat. 336) is amended by inserting ``sanitary sewer overflows
and'' before ``combined sewer overflows''.
SEC. 550. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
The Secretary shall carry out feasible aquatic ecosystem
restoration projects identified in the comprehensive management plan
for St. Clair River and Lake St. Clair, Michigan, developed under
section 426 of the Water Resources Development Act of 1999 (113 Stat.
326), at a total Federal cost of not to exceed $10,000,000.
SEC. 551. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
Section 219(f)(61) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended by adding at the end the following:
``Such assistance shall be provided directly to the Garrison-Kathio-
West Mille Lacs Lake Sanitary District, Minnesota.''.
SEC. 552. NORTHEASTERN MINNESOTA.
(a) In General.--Section 569 of the Water Resources Development Act
of 1999 (113 Stat. 368) is amended--
(1) in subsection (a) by striking ``Benton, Sherburne,''
and inserting ``Beltrami, Hubbard, Wadena,'';
(2) by striking the last sentence of subsection (e)(3)(B);
(3) by striking subsection (g) and inserting the following:
``(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity.''; and
(4) by adding at the end the following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
(b) Biwabik, Minnesota.--The Secretary shall reimburse the non-
Federal interest for the project for environmental infrastructure,
Biwabik, Minnesota, carried out under section 569 of the Water
Resources Development Act of 1999 (113 Stat. 368-369), for planning,
design, and construction costs incurred by the non-Federal interest
with respect to the project before the date of the cooperation
agreement for the project and were in excess of the non-Federal share
of the project costs if the Secretary determines that the costs are
appropriate.
SEC. 553. ST. LOUIS, MISSOURI.
Section 219(f)(32) of the Water Resources Development Act of 1992
(106 Stat. 4835-4836; 113 Stat. 337) is amended by striking
``$15,000,000'' and inserting ``$35,000,000''.
SEC. 554. RURAL NEVADA.
Section 595(h)(1) of the Water Resources Development Act of 1999
(113. Stat. 384) is amended by striking ``$25,000,000'' and inserting
``$40,000,000''.
SEC. 555. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324 of the Water Resources Development Act of 1992 (106
Stat. 4849; 110 Stat. 3779) is amended--
(1) in subsection (a) by striking ``Hackensack Meadowlands
Development'' and all that follows through ``Plan for'' and
inserting ``New Jersey Meadowlands Commission for the
development of an environmental improvement program for'';
(2) in subsection (b)--
(A) in the subsection heading by striking
``Required'';
(B) by striking ``shall'' and inserting ``may'';
and
(C) by striking paragraph (1) and inserting the
following:
``(1) Enhancement and acquisition of significant wetlands
that contribute to the Meadowlands ecosystem.'';
(3) in subsection (c) by inserting before the last sentence
the following: ``The non-Federal sponsor may also provide in-
kind services, not to exceed 25 percent of the total project
cost, and may also receive credit for reasonable cost of design
work completed prior to entering into the cooperation agreement
with the Secretary for a project to be carried out under the
program developed under subsection (a).''; and
(4) in subsection (d) by striking ``$5,000,000'' and
inserting ``$35,000,000''.
SEC. 556. ATLANTIC COAST OF NEW YORK.
(a) Development of Program.--Section 404(a) of the Water Resources
Development Act of 1992 (106 Stat. 4863) is amended--
(1) by striking ``processes'' and inserting ``and related
environmental processes'';
(2) by inserting after ``Atlantic Coast'' the following:
``(and associated back bays)'';
(3) by inserting after ``actions'' the following: ``,
environmental restoration or conservation measures for coastal
and back bays,''; and
(4) by inserting at the end the following: ``The plan for
collecting data and monitoring information included in such
annual report shall be fully coordinated with and agreed to by
appropriate agencies of the State of New York.''.
(b) Annual Reports.--Section 404(b) of such Act is amended--
(1) by striking ``Initial Plan.--Not later than 12 months
after the date of enactment of this Act, the'' and inserting
``Annual Reports.--The'';
(2) by striking ``initial plan for data collection and
monitoring'' and inserting ``annual report of data collection
and monitoring activities''; and
(3) by striking the last sentence.
(c) Authorization of Appropriations.--Section 404(c) of such Act
(113 Stat. 341) is amended by striking ``and an additional total of
$2,500,000 for fiscal years thereafter'' and inserting ``$2,500,000 for
fiscal years 2000 through 2002, and $17,000,000 for fiscal years
beginning after September 30, 2002,''.
SEC. 557. COLLEGE POINT, NEW YORK CITY, NEW YORK.
In carrying out section 312 of the Water Resources Development Act
of 1990 (104 Stat. 4639-4640), the Secretary shall give priority to
work in College Point, New York City, New York.
SEC. 558. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK.
The Secretary shall credit toward the non-Federal share of the cost
of the project for ecosystem restoration, Flushing Bay and Creek, New
York City, New York, the cost of design and construction work carried
out by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 559. LITTLE NECK BAY, VILLAGE OF KINGS POINT, NEW YORK.
(a) In General.--The Secretary may carry out a navigation project
at Little Neck Bay (Hague Basin), Village of Kings Point, New York,
sufficient to permit the safe operation of the vessel T/V Kings Pointer
at all tide levels.
(b) Reimbursement.--The Secretary shall seek reimbursement from the
United States Merchant Marine Academy for the cost of the project
carried out under this section.
SEC. 560. STANLEY COUNTY, NORTH CAROLINA.
Section 219(f)(64) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended by inserting ``water and'' before
``wastewater''.
SEC. 561. PIEDMONT LAKE DAM, OHIO.
In reconstructing the road on the Piedmont Lake Dam as part of the
project for dam safety assurance, Piedmont Lake Dam, Ohio, being
carried out under section 4 of the Flood Control Act of August 11, 1939
(53 Stat. 1414-1415), the Secretary shall upgrade the condition of the
road to meet standards applicable to public use roads in the State of
Ohio. The incremental cost of upgrading the road to meet such standards
shall be a non-Federal expense.
SEC. 562. WAURIKA LAKE, OKLAHOMA.
The remaining obligation of the Waurika Project Master Conservancy
District payable to the United States Government in the amounts, rates
of interest, and payment schedules is set at the amounts, rates of
interest, and payment schedules that existed, and that both parties
agreed to, on June 3, 1986, and may not be adjusted, altered, or
changed without a specific, separate, and written agreement between the
District and the United States Government.
SEC. 563. COLUMBIA RIVER, OREGON.
Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944), is
amended by inserting ``and Celilo Village, Oregon'' after ``existing
sites''.
SEC. 564. EUGENE, OREGON.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of restoring the millrace in Eugene, Oregon, and, if
the Secretary determines that the restoration is feasible, shall carry
out the restoration.
(b) Consideration of Non-Economic Benefits.--In determining the
feasibility of restoring the millrace, the Secretary shall include non-
economic benefits associated with the historical significance of the
millrace and associated with preservation and enhancement of resources.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 565. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OREGON AND WASHINGTON.
(a) In General.--The Secretary shall pay up to $2,500,000 to the
provider of research and curation support previously provided to the
Federal Government as a result of the multi-purpose project, John Day
Lock and Dam, Lake Umatilla, Oregon and Washington, authorized by
section 101 of the River and Harbor Act of 1950 (64 Stat. 167), and the
several navigation and flood damage reduction projects constructed on
the Columbia River and Lower Willamette River, Oregon and Washington.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 566. LOWELL, OREGON.
(a) In General.--The Secretary may convey without consideration to
Lowell School District, by quitclaim deed, all right, title and
interest of the United States in and to approximately 3.32 acres of
land and buildings thereon, known as Tract A-82, located in Lowell,
Oregon, and described in subsection (b).
(b) Description of Property.--The parcel of land authorized to be
conveyed under subsection (a) is as follows: Commencing at the point of
intersection of the west line of Pioneer Street with the westerly
extension of the north line of Summit Street, in Meadows Addition to
Lowell, as platted and recorded at page 56 of Volume 4, Lane County
Oregon Plat Records; thence north on the west line of Pioneer Street a
distance of 176.0 feet to the true point of beginning of this
description; thence north on the west line of Pioneer Street a distance
of 170.0 feet; thence west at right angles to the west line of Pioneer
Street a distance of 250.0 feet; thence south and parallel to the west
line of Pioneer Street a distance of 170.0 feet; thence east 250.0 feet
to the true point of beginning of this description in Section 14,
Township 19 South, Range 1 West of the Willamette Meridian, Lane
County, Oregon.
(c) Terms and Conditions.--Before conveying the parcel to the
school district, the Secretary shall ensure that the conditions of
buildings and facilities meet the requirements of applicable Federal
law.
(d) Generally Applicable Provisions.--
(1) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(2) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
SEC. 567. HAGERMAN'S RUN, WILLIAMSPORT, PENNSYLVANIA.
The Secretary may rehabilitate the pumps at the project for flood
damage reduction, Hagerman's Run, Williamsport, Pennsylvania, at a
total Federal cost of $225,000.
SEC. 568. NORTHEAST PENNSYLVANIA.
Section 219(f)(11) of the Water Resources Development Act of 1992
(113 Stat. 335) is amended by striking ``and Monroe'' and inserting
``Northumberland, Union, Snyder, and Montour''.
SEC. 569. SUSQUEHANNOCK CAMPGROUND ACCESS ROAD, RAYSTOWN LAKE,
PENNSYLVANIA.
(a) Improvement of Access Road.--The Secretary may make
improvements to the Susquehannock Campground access road at Raystown
Lake, Pennsylvania.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 570. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
Section 567 of the Water Resources Development Act of 1996 (114
Stat. 2662-2663; 110 Stat. 3787-3788) is amended--
(1) in subsection (a)(2) by striking ``$10,000,000.'' and
inserting the following: ``$20,000,000, of which the Secretary
may utilize not more than $5,000,000 to design and construct
feasible pilot projects during the development of the strategy
to demonstrate alternative approaches for the strategy. The
total cost for any single pilot project may not exceed
$500,000. The Secretary shall evaluate the results of the pilot
projects and consider the results in the development of the
strategy.''.
(2) in subsection (c)--
(A) in the subsection heading by striking
``Cooperation'' and inserting ``Cooperative''; and
(B) by striking ``cooperation'' and inserting
``cooperative''; and
(3) by adding at the end the following:
``(e) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project (i) the cost of design and
construction work carried out by the non-Federal interest before the
date of the cooperation agreement for the project if the Secretary
determines that the work is integral to the project; and (ii) the cost
of in-kind services and materials provided for the project by the non-
Federal interest.''.
SEC. 571. WASHINGTON, GREENE, WESTMORELAND, AND FAYETTE COUNTIES,
PENNSYLVANIA.
Section 219(f)(70) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended by striking ``$8,000,000'' and
inserting ``$13,300,000''.
SEC. 572. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.
The Secretary shall review a report prepared by the non-Federal
interest concerning flood protection and environmental restoration for
Cano Martin Pena, San Juan, Puerto Rico, and, if the Secretary
determines that the report meets the evaluation and design standards of
the Corps of Engineers and that the project is feasible, may carry out
the project, at a total cost of $130,000,000, with an estimated Federal
cost of $85,000,000 and an estimated non-Federal cost of $45,000,000.
SEC. 573. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.
Section 219(f)(25) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A-220) is amended--
(1) by striking ``$15,000,000'' and inserting
``$35,000,0000''; and
(2) by inserting ``wastewater treatment and'' before
``water supply''.
SEC. 574. UPPER BIG SIOUX RIVER, WATERTOWN, SOUTH DAKOTA.
(a) In General.--The Secretary shall review the project for flood
damage reduction, Upper Big Sioux River basin, Watertown, South Dakota,
as described in the report of the Chief of Engineers, dated August 31,
1994, and entitled ``Watertown and Vicinity, South Dakota'' and, if the
Secretary determines that the project is feasible, may carry out the
project, at a total cost of $25,000,000.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
review may be provided in the form of in-kind services and
materials.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the review the cost of planning
and design work carried out by the non-Federal interest before
the date of an agreement for the review if the Secretary
determines that such work is integral to the review.
SEC. 575. FRITZ LANDING, TENNESSEE.
The Secretary shall--
(1) conduct a study of the Fritz Landing Agricultural Spur
Levee, Tennessee, to determine the extent of levee
modifications that would be required to make the levee and
associated drainage structures consistent with Federal
standards;
(2) design and construct such modifications; and
(3) after completion of such modifications, incorporate the
levee into the project for flood control, Mississippi River and
Tributaries, authorized by the Act entitled ``An Act for the
control of floods on the Mississippi River and its tributaries,
and for other purposes'', approved May 15, 1928 (45 Stat. 534-
539), commonly known as the ``Flood Control Act of 1928''.
SEC. 576. MEMPHIS, TENNESSEE.
The Secretary shall review the aquatic ecosystem restoration
component of the Memphis Riverfront Development Master Plan, Memphis,
Tennessee, prepared by the non-Federal interest and, if the Secretary
determines that the component meets the evaluation and design standards
of the Corps of Engineers and that the component is feasible, may carry
out the component at a total Federal cost not to exceed $5,000,000.
SEC. 577. TOWN CREEK, LENOIR CITY, TENNESSEE.
The Secretary shall construct the project for flood damage
reduction designated as Alternative 4 in the Town Creek, Lenoir City,
Loudon City, Tennessee, feasibility report of the Nashville district
engineer, dated November 2000, at a total cost of $1,250,000.
SEC. 578. TENNESSEE RIVER PARTNERSHIP.
(a) In General.--As part of the operation and maintenance of the
project for navigation, Tennessee River, Tennessee, Alabama,
Mississippi, and Kentucky, authorized by the first section of the
Rivers and Harbors Act of July 3, 1930 (46 Stat. 927), the Secretary
may enter into a partnership with a nonprofit entity to remove debris
from the Tennessee River in the vicinity of Knoxville, Tennessee, by
providing a vessel to such entity, at Federal expense, for such debris
removal purposes.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 579. CLEAR CREEK AND TRIBUTARIES, HARRIS AND GALVESTON COUNTIES,
TEXAS.
The Secretary shall expedite completion of the report for the
project for flood damage reduction, ecosystem restoration, and
recreation, Clear Creek and tributaries, Harris and Galveston Counties,
Texas.
SEC. 580. HALLS BAYOU, TEXAS.
Section 211(f) of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) Halls bayou, texas.--The project for flood control,
Halls Bayou, Texas.''.
SEC. 581. HARRIS GULLY, HARRIS COUNTY, TEXAS.
(a) Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction in the Harris Gully watershed, Harris County,
Texas, to provide flood protection for the Texas Medical
Center, Houston, Texas.
(2) Use of local studies and plans.--In conducting the
study, the Secretary shall use, to the extent practicable,
studies and plans developed by the non-Federal interest if the
Secretary determines that such studies and plans meet the
evaluation and design standards of the Corps of Engineers.
(3) Completion date.--The Secretary shall complete the
study by July 1, 2004.
(b) Critical Flood Damage Reduction Measures.--The Secretary may
carry out critical flood damage reduction measures that the Secretary
determines are feasible and that will provide immediate and substantial
flood damage reduction benefits in the Harris Gully watershed, at a
Federal cost of $7,000,000.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of planning, design, and
construction work carried out by the non-Federal interest before the
date of the cooperation agreement for the project if the Secretary
determines that such work is integral to the project.
(d) Nonprofit Entity.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may, with
the consent of the local government, serve as a non-Federal interest
for the project undertaken under this section.
SEC. 582. ONION CREEK, TEXAS.
The Secretary shall credit toward the non-Federal share of the cost
of the project for flood damage reduction and ecosystem restoration,
Onion Creek, Texas, the cost of relocation of flood prone residences in
the study area for the project incurred by the non-Federal interest
before the date of the cooperation agreement for the project if the
Secretary determines that the relocation of such residences is integral
to the project.
SEC. 583. PELICAN ISLAND, TEXAS.
(a) In General.--Section 108(a) of the Energy and Water Development
Appropriations Act, 1994 (33 U.S.C. 59hh(a)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) Authority to convey.--The Secretary'';
(2) by adding at the end the following:
``(2) Letter of intent.--
``(A) In general.--The Secretary may provide a
letter of intent to the city of Galveston for
conveyance of less than 100 acres of the parcel
described in subsection (a) for private development
purposes if the Secretary receives and approves a
proposal by the city designating the land which would
be subject to such development.
``(B) Disposition of spoil.--If the Secretary
issues a letter of intent under subparagraph (A), no
additional spoil material may be placed on the land
designated for private development for a period of at
least 5 years from the date of issuance of the letter
to provide the city of Galveston with an opportunity to
secure private developers, perform appraisals, conduct
environmental studies, and provide the compensation to
the United States required for the conveyance.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this subsection).
(b) Expiration Date.--Section 108(e)(3) of such Act (33 U.S.C.
59hh(e)(3)) is amended by striking ``date of the enactment of this
Act'' and inserting ``date of enactment of the Water Resources
Development Act of 2002''.
SEC. 584. RIVERSIDE OXBOW, FORT WORTH, TEXAS.
The Secretary shall credit toward the non-Federal share of the cost
of the project for ecosystem restoration and recreation, Riverside
Oxbow, Fort Worth, Texas, the cost of design and construction work
carried out on the Beach Street Dam and associated features by the non-
Federal interest before the date of the cooperation agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 585. RICHMOND NATIONAL BATTLEFIELD PARK, RICHMOND, VIRGINIA.
(a) In General.--The Secretary is authorized to carry out bluff
stabilization measures on the James River in the vicinity of Drewry's
Bluff, Richmond National Battlefield Park, Richmond, Virginia.
(b) Reimbursement.--The Secretary shall seek reimbursement from the
Secretary of the Interior of any costs incurred by the Secretary in
carrying out subsection (a).
SEC. 586. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased siltation in Baker
Bay and Ilwaco Harbor, Washington, to determine if the siltation is the
result of a Federal navigation project (including diverted flows from
the Columbia River) and, if the Secretary determines that the siltation
is the result of a Federal navigation project, the Secretary shall
carry out a project to mitigate the siltation as part of maintenance of
the Federal navigation project.
SEC. 587. CHEHALIS RIVER, CENTRALIA, WASHINGTON.
The Secretary shall credit toward the non-Federal share of the cost
of the project for flood damage reduction, Chehalis River, Centralia,
Washington, the cost of planning, design, and construction work carried
out by the non-Federal interest before the date of the cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 588. HAMILTON ISLAND CAMPGROUND, WASHINGTON.
The Secretary is authorized to plan, design, and construct a
campground for Bonneville Lock and Dam at Hamilton Island (also know as
``Strawberry Island'') in Skamania County, Washington.
SEC. 589. PUGET ISLAND, WASHINGTON.
The Secretary is directed to place dredged and other suitable
material along portions of the Columbia River shoreline of Puget
Island, Washington, between river miles 38 to 47 in order to protect
economic and environmental resources in the area from further erosion,
at a Federal cost of $1,000,000. This action shall be coordinated with
appropriate resource agencies and comply with applicable Federal laws.
SEC. 590. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) Cheat and Tygart River Basins, West Virginia.--Section
581(a)(1) of the Water Resources Development Act of 1996 (110 Stat.
3790; 113 Stat. 313) is amended--
(1) by striking ``flood control measures'' and inserting
``structural and nonstructural flood control, streambank
protection, stormwater management, and channel clearing and
modification measures''; and
(2) by inserting ``with respect to measures that
incorporate levees or floodwalls'' before the semicolon.
(b) Authorization of Appropriations.--Section 581(c) of the Water
Resources Development Act of 1996 (110 Stat. 3791) is amended by
striking ``$12,000,000'' and inserting ``$90,000,000''.
SEC. 591. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA.
The Secretary shall conduct a watershed and river basin assessment
under section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a) for the Lower Kanawha River Basin, in the counties of
Mason, Putnam, Kanawha, Jackson, and Roane, West Virginia.
SEC. 592. CENTRAL WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999 (113
Stat. 371) is amended--
(1) in subsection (a)--
(A) by striking ``Nicholas,''; and
(B) by striking ``Gilmer,''; and
(2) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
SEC. 593. SOUTHERN WEST VIRGINIA.
(a) Corps of Engineers.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856; 113 Stat. 320) is amended by
adding at the end the following:
``(h) Corps of Engineers.--Ten percent of the amounts appropriated
to carry out this section for fiscal years 2003 and thereafter may be
used by the Corps of Engineers district offices to administer projects
under this section at 100 percent Federal expense.''.
(b) Southern West Virginia Defined.--Section 340(f) of such Act is
amended by inserting ``Nicholas,'' after ``Greenbrier,''.
(c) Nonprofit Entities.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856) is further amended by adding
at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.''.
SEC. 594. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Section 219(f) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is amended by
adding at the end the following:
``(71) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine, Louisiana.
``(72) Charleston, south carolina.--$20,000,000 for
wastewater infrastructure, including wastewater collection
systems, Charleston, South Carolina.
``(73) Cross, south carolina.--$2,000,000 for water-related
environmental infrastructure, Cross, South Carolina.
``(74) Surfside, south carolina.--$8,000,000 for
environmental infrastructure, including stormwater system
improvements and ocean outfalls, Surfside, South Carolina.
``(75) North myrtle beach, south carolina.--$3,000,000 for
environmental infrastructure, including ocean outfalls, North
Myrtle Beach, South Carolina.
``(76) Tia juana valley, california.--$1,400,000 for water-
related environmental infrastructure, Tia Juana Valley,
California.
``(77) Cabarrus county, north carolina.--$4,500,000 for
water-related infrastructure, Cabarrus County, North Carolina.
``(78) Richmond county, north carolina.--$8,000,000 for
water-related infrastructure, Richmond County, North Carolina.
``(79) Union county, north carolina.--$9,000,000 for
wastewater infrastructure, Union County, North Carolina.
``(80) Washington, district of columbia.--$35,000,000 for
implementation of a combined sewer overflow long term control
plan, Washington, District of Columbia.
``(81) Greenleaf, idaho.--$500,000 for water and wastewater
infrastructure, Greenleaf, Idaho.
``(82) Weiser, idaho.--$330,000 for wastewater
infrastructure, Weiser, Idaho.
``(83) Coolin, idaho.--$2,200,000 for wastewater
infrastructure, Coolin, Idaho.
``(84) Jerome, idaho.--$5,000,000 for wastewater
infrastructure, Jerome, Idaho.
``(85) Ledyard and montville, connecticut.--$7,113,000 for
water infrastructure, Ledyard and Montville, Connecticut.
``(86) Awendaw, south carolina.--$2,000,000 for water-
related infrastructure, Awendaw, South Carolina.
``(87) St. clair county, alabama.--$5,000,000 for water-
related infrastructure, St. Clair County, Alabama.
``(88) East bay, san francisco and santa clara areas,
california.--$4,000,000 for a desalination project to serve the
East Bay, San Francisco, and Santa Clara areas, California.
``(89) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.''.
Union Calendar No. 447
107th CONGRESS
2d Session
H. R. 5428
[Report No. 107-717]
_______________________________________________________________________
A BILL
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
_______________________________________________________________________
October 2, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed