[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2557 Referred in Senate (RFS)]
1st Session
H. R. 2557
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2003
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
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 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Project authorizations.
Sec. 1002. Small projects for flood damage reduction.
Sec. 1003. Small projects for emergency streambank protection.
Sec. 1004. Small projects for navigation.
Sec. 1005. Small projects for improvement of the quality of the
environment.
Sec. 1006. Small projects for aquatic ecosystem restoration.
Sec. 1007. Small projects for shoreline protection.
Sec. 1008. Small projects for snagging and sediment removal.
TITLE II--GENERAL PROVISIONS
Sec. 2001. Annual passes for recreation.
Sec. 2002. Non-Federal contributions.
Sec. 2003. Harbor cost sharing.
Sec. 2004. Funding to process permits.
Sec. 2005. National shoreline erosion control development and
demonstration program.
Sec. 2006. Written agreement for water resources projects.
Sec. 2007. Assistance for remediation, restoration, and reuse.
Sec. 2008. Compilation of laws.
Sec. 2009. Dredged material disposal.
Sec. 2010. Wetlands mitigation.
Sec. 2011. Remote and subsistence harbors.
Sec. 2012. Beneficial uses of dredged material.
Sec. 2013. Cost sharing provisions for certain areas.
Sec. 2014. Revision of project partnership agreement.
Sec. 2015. Cost sharing.
Sec. 2016. Credit for work performed before partnership agreement.
Sec. 2017. Recreation user fee revenues.
Sec. 2018. Expedited actions for emergency flood damage reduction.
Sec. 2019. Watershed and river basin assessments.
Sec. 2020. Tribal partnership program.
Sec. 2021. Treatment of certain separable elements.
Sec. 2022. Prosecution of work.
Sec. 2023. Wildfire firefighting.
Sec. 2024. Credit for nonconstruction services.
Sec. 2025. Technical assistance.
Sec. 2026. Centers of specialized planning expertise.
Sec. 2027. Coordination and scheduling of Federal, State, and local
actions.
Sec. 2028. Project streamlining.
Sec. 2029. Lakes program.
Sec. 2030. Mitigation for fish and wildlife losses.
Sec. 2031. Cooperative agreements.
Sec. 2032. Project planning.
Sec. 2033. Independent peer review.
Sec. 2034. Support of Army civil works program.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. Cook Inlet, Alaska.
Sec. 3002. King Cove Harbor, Alaska.
Sec. 3003. Sitka, Alaska.
Sec. 3004. Tatitlek, Alaska.
Sec. 3005. Nogales Wash and tributaries, Arizona.
Sec. 3006. Grand Prairie Region and Bayou Meto Basin, Arkansas.
Sec. 3007. Saint Francis Basin, Arkansas.
Sec. 3008. American and Sacramento Rivers, California.
Sec. 3009. Cache Creek Basin, California.
Sec. 3010. Grayson Creek/Murderer's Creek, California.
Sec. 3011. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 3012. Larkspur Ferry Channel, Larkspur, California.
Sec. 3013. Los Angeles Harbor, Los Angeles, California.
Sec. 3014. Napa River Salt Marsh Restoration, Napa River, California.
Sec. 3015. Pacific Flyway Center, Sacramento, California.
Sec. 3016. Pinole Creek, California.
Sec. 3017. Prado Dam, California.
Sec. 3018. Sacramento Deep Water Ship Channel, California.
Sec. 3019. Sacramento River, Glenn-Colusa, California.
Sec. 3020. San Lorenzo River, California.
Sec. 3021. Upper Guadalupe River, California.
Sec. 3022. Walnut Creek Channel, California.
Sec. 3023. Wildcat/San Pablo Creek Phase I, California.
Sec. 3024. Wildcat/San Pablo Creek Phase II, California.
Sec. 3025. Brevard County, Florida.
Sec. 3026. Broward County and Hillsboro Inlet, Florida.
Sec. 3027. Gasparilla and Estero Islands, Florida.
Sec. 3028. Jacksonville Harbor, Florida.
Sec. 3029. Lido Key Beach, Sarasota, Florida.
Sec. 3030. Manatee Harbor, Florida.
Sec. 3031. Miami Harbor, Florida.
Sec. 3032. Tampa Harbor, Florida.
Sec. 3033. Tampa Harbor-Big Bend Channel, Florida.
Sec. 3034. Tampa Harbor-Cut B, Florida.
Sec. 3035. Little Wood River, Gooding, Idaho.
Sec. 3036. Chicago Sanitary and Ship Canal, Illinois.
Sec. 3037. Hennepin-Hopper Lakes, Illinois.
Sec. 3038. Mississippi River and Big Muddy river, Illinois.
Sec. 3039. Spunky Bottoms, Illinois.
Sec. 3040. Emiquon, Illinois.
Sec. 3041. Little Calumet River, Indiana.
Sec. 3042. White River, Indiana.
Sec. 3043. Wolf Lake, Indiana.
Sec. 3044. Prestonsburg, Kentucky.
Sec. 3045. Amite River and tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 3046. Atchafalaya Basin, Louisiana.
Sec. 3047. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3048. J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana.
Sec. 3049. Mississippi Delta Region, Louisiana.
Sec. 3050. New Orleans to Venice, Louisiana.
Sec. 3051. West Bank of the Mississippi River (East of Harvey Canal),
Louisiana.
Sec. 3052. Camp Ellis, Saco, Maine.
Sec. 3053. Union River, Maine.
Sec. 3054. Cass River, Spaulding Township, Michigan.
Sec. 3055. Detroit River Shoreline, Detroit, Michigan.
Sec. 3056. Water Resources Institute, Muskegon, Michigan.
Sec. 3057. Saginaw River, Bay City, Michigan.
Sec. 3058. Ada, Minnesota.
Sec. 3059. Duluth Harbor, Mcquade Road, Minnesota.
Sec. 3060. Grand Portage Harbor, Minnesota.
Sec. 3061. Granite Falls, Minnesota.
Sec. 3062. Minneapolis, Minnesota.
Sec. 3063. Red Lake River, Minnesota.
Sec. 3064. Silver Bay, Minnesota.
Sec. 3065. Taconite Harbor, Minnesota.
Sec. 3066. Two Harbors, Minnesota.
Sec. 3067. Deer Island, Harrison County, Mississippi.
Sec. 3068. Bois Brule Drainage and Levee District, Missouri.
Sec. 3069. Sand Creek Watershed, Wahoo, Nebraska.
Sec. 3070. Alamogordo, New Mexico.
Sec. 3071. Orchard Beach, Bronx, New York.
Sec. 3072. Times Beach, Buffalo, New York.
Sec. 3073. Port of New York and New Jersey, New York and New Jersey.
Sec. 3074. New York state Canal System.
Sec. 3075. Arcadia Lake, Oklahoma.
Sec. 3076. Willamette River Temperature Control, Mckenzie Subbasin,
Oregon.
Sec. 3077. French Creek, Union City Dam, Pennsylvania.
Sec. 3078. Lackawanna River at Olyphant, Pennsylvania.
Sec. 3079. Lackawanna River at Scranton, Pennsylvania.
Sec. 3080. Raystown Lake, Pennsylvania.
Sec. 3081. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 3082. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 3083. South Central Pennsylvania.
Sec. 3084. Wyoming Valley, Pennsylvania.
Sec. 3085. Little Limestone Creek, Jonesborough, Tennessee.
Sec. 3086. Cedar Bayou, Texas.
Sec. 3087. Lake Kemp, Texas.
Sec. 3088. Lower Rio Grande Basin, Texas.
Sec. 3089. North Padre Island, Corpus Christi Bay, Texas.
Sec. 3090. Proctor Lake, Texas.
Sec. 3091. San Antonio Channel, San Antonio, Texas.
Sec. 3092. Elizabeth River, Chesapeake, Virginia.
Sec. 3093. Roanoke River Upper Basin, Virginia.
Sec. 3094. Blair and Sitcum Waterways, Tacoma Harbor, Washington.
Sec. 3095. Greenbrier River Basin, West Virginia.
Sec. 3096. Manitowoc Harbor, Wisconsin.
Sec. 3097. Mississippi River Headwaters Reservoirs.
Sec. 3098. Continuation of project authorizations.
Sec. 3099. Project reauthorizations.
Sec. 3100. Project deauthorizations.
Sec. 3101. Land conveyances.
Sec. 3102. Extinguishment of reversionary interests and use
restrictions.
Sec. 3103. Land exchange, disposal and acquisition of lands, Allatoona
Lake, Georgia.
TITLE IV--STUDIES
Sec. 4001. John Glenn Great Lakes basin program.
Sec. 4002. Choctawhatchee, Pea, and Yellow Rivers Watershed, Alabama.
Sec. 4003. St. George Harbor, Alaska.
Sec. 4004. Susitna River, Alaska.
Sec. 4005. Searcy County, Arkansas.
Sec. 4006. Upper Mississippi River and Illinois Waterway, Illinois,
Iowa, Minnesota, Missouri, and Wisconsin.
Sec. 4007. Hamilton, California.
Sec. 4008. Napa River, St. Helena, California.
Sec. 4009. Oceanside, California.
Sec. 4010. Sacramento River, California.
Sec. 4011. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 4012. Tybee Island, Georgia.
Sec. 4013. Calumet Harbor, Illinois.
Sec. 4014. Chicago, Illinois.
Sec. 4015. South Branch, Chicago River, Chicago, Illinois.
Sec. 4016. Paducah, Kentucky.
Sec. 4017. Bastrop-Morehouse Parish, Louisiana.
Sec. 4018. West Feliciana Parish, Louisiana.
Sec. 4019. Fall River Harbor, Massachusetts.
Sec. 4020. City of Mackinac Island, Michigan.
Sec. 4021. Northeast Mississippi.
Sec. 4022. Pueblo of Zuni, New Mexico.
Sec. 4023. Hudson-Raritan Estuary, New York and New Jersey.
Sec. 4024. Sac and Fox Nation, Oklahoma.
Sec. 4025. Sutherlin, Oregon.
Sec. 4026. Tillamook Bay and Bar, Oregon.
Sec. 4027. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 4028. Northeastern Pennsylvania aquatic ecosystem restoration and
protection.
Sec. 4029. Georgetown and Williamsburg Counties, South Carolina.
Sec. 4030. Sabine Pass to Galveston Bay, Texas.
Sec. 4031. Grand County and Moab, Utah.
Sec. 4032. Chehalis River Basin, Washington.
Sec. 4033. Sprague, Lincoln County, Washington.
Sec. 4034. Monongahela River Basin, Northern West Virginia.
Sec. 4035. Wauwatosa, Wisconsin.
Sec. 4036. Lake Erie Dredged Material Disposal Sites.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 5001. Maintenance of navigation channels.
Sec. 5002. Watershed management.
Sec. 5003. Dam safety.
Sec. 5004. Structural integrity evaluations.
Sec. 5005. Flood mitigation priority areas.
Sec. 5006. Additional assistance for authorized projects.
Sec. 5007. Expedited completion of reports and construction for certain
projects.
Sec. 5008. Expedited completion of reports for certain projects.
Sec. 5009. Southeastern water resources assessment.
Sec. 5010. Upper Mississippi River environmental management program.
Sec. 5011. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 5012. Membership of Missouri River Trust.
Sec. 5013. Great Lakes fishery and ecosystem restoration.
Sec. 5014. Susquehanna, Delaware, and Potomac River basins.
Sec. 5015. Chesapeake Bay environmental restoration and protection
program.
Sec. 5016. Montgomery, Alabama.
Sec. 5017. Pinhook Creek, Huntsville, Alabama.
Sec. 5018. Alaska.
Sec. 5019. Akutan Small Boat Harbor, Alaska.
Sec. 5020. Fort Yukon, Alaska.
Sec. 5021. Lowell Creek Tunnel, Seward, Alaska.
Sec. 5022. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 5023. Augusta and Clarendon, Arkansas.
Sec. 5024. Helena and Vicinity, Arkansas.
Sec. 5025. Loomis Landing, Arkansas.
Sec. 5026. McClellan-Kerr Arkansas River navigation project, Arkansas
and Oklahoma.
Sec. 5027. St. Francis River Basin, Arkansas and Missouri.
Sec. 5028. Cambria, California.
Sec. 5029. Contra Costa Canal, Oakley and Knightsen, California;
Mallard Slough, Pittsburg, California.
Sec. 5030. East San Joaquin County, California.
Sec. 5031. Placer and El Dorado Counties, California.
Sec. 5032. Sacramento Area, California.
Sec. 5033. Sacramento Deep Water Ship Channel, California.
Sec. 5034. San Francisco, California.
Sec. 5035. San Francisco, California, Waterfront Area.
Sec. 5036. San Pablo Bay Watershed and Suisun Marsh Ecosystem
Restoration.
Sec. 5037. Stockton, California.
Sec. 5038. Upper Klamath Basin, California.
Sec. 5039. Charles Hervey Townshend Breakwater, Connecticut.
Sec. 5040. Everglades restoration, Florida.
Sec. 5041. Florida Keys water quality improvements.
Sec. 5042. Lake Worth, Florida.
Sec. 5043. Lake Lanier, Georgia.
Sec. 5044. Riley Creek recreation area, Idaho.
Sec. 5045. Reconstruction of Illinois flood protection projects.
Sec. 5046. Cook County, Illinois.
Sec. 5047. Kaskaskia River basin, Illinois, restoration.
Sec. 5048. Natalie Creek, Midlothian and Oak Forest, Illinois.
Sec. 5049. Peoria riverfront development, Peoria, Illinois.
Sec. 5050. Illinois River basin restoration.
Sec. 5051. Southwest Illinois.
Sec. 5052. Calumet region, Indiana.
Sec. 5053. Rathbun Lake, Iowa.
Sec. 5054. Cumberland River Basin, Kentucky.
Sec. 5055. Mayfield Creek and tributaries, Kentucky.
Sec. 5056. North Fork, Kentucky River, Breathitt County, Kentucky.
Sec. 5057. Southern and Eastern Kentucky.
Sec. 5058. Coastal Louisiana ecosystem protection and restoration.
Sec. 5059. Baton Rouge, Louisiana.
Sec. 5060. Lake Pontchartrain, Louisiana.
Sec. 5061. West Baton Rouge Parish, Louisiana.
Sec. 5062. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania,
and Delaware.
Sec. 5063. Delmarva conservation corridor, Maryland.
Sec. 5064. Detroit River, Michigan.
Sec. 5065. Oakland County, Michigan.
Sec. 5066. St. Clair River and Lake St. Clair, Michigan.
Sec. 5067. Crookston, Minnesota.
Sec. 5068. Garrison and Kathio Township, Minnesota.
Sec. 5069. Northeastern Minnesota.
Sec. 5070. Desoto County, Mississippi.
Sec. 5071. Harrison, Hancock, and Jackson Counties, Mississippi.
Sec. 5072. Mississippi River, Missouri, and Illinois.
Sec. 5073. St. Louis, Missouri.
Sec. 5074. Delaware River, Trenton, New Jersey.
Sec. 5075. Hackensack Meadowlands area, New Jersey.
Sec. 5076. Atlantic Coast of New York.
Sec. 5077. College Point, New York City, New York.
Sec. 5078. Flushing Bay and Creek, New York City, New York.
Sec. 5079. Gateway Point, North Tonawanda, New York.
Sec. 5080. Little Neck Bay, Village of Kings Point, New York.
Sec. 5081. Onondaga Lake, New York.
Sec. 5082. Times Beach Dike, Buffalo, New York.
Sec. 5083. John H. Kerr Dam and Reservoir, North Carolina.
Sec. 5084. Stanly County, North Carolina.
Sec. 5085. Central Riverfront Park, Cincinnati, Ohio.
Sec. 5086. Piedmont Lake Dam, Ohio.
Sec. 5087. Ohio.
Sec. 5088. Waurika Lake, Oklahoma.
Sec. 5089. Columbia River, Oregon.
Sec. 5090. Eugene, Oregon.
Sec. 5091. John Day Lock and Dam, Lake Umatilla, Oregon and Washington.
Sec. 5092. Lowell, Oregon.
Sec. 5093. Hagerman's Run, Williamsport, Pennsylvania.
Sec. 5094. Northeast Pennsylvania.
Sec. 5095. Susquehannock Campground access road, Raystown Lake,
Pennsylvania.
Sec. 5096. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 5097. Washington, Greene, Westmoreland, and Fayette Counties,
Pennsylvania.
Sec. 5098. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 5099. Beaufort and Jasper Counties, South Carolina.
Sec. 5100. Cooper River, South Carolina.
Sec. 5101. Lakes Marion and Moultrie, South Carolina.
Sec. 5102. Upper Big Sioux River, Watertown, South Dakota.
Sec. 5103. Fritz Landing, Tennessee.
Sec. 5104. J. Percy Priest Dam and Reservoir, Ohio River Basin,
Tennessee.
Sec. 5105. Memphis, Tennessee.
Sec. 5106. Town Creek, Lenoir City, Tennessee.
Sec. 5107. East Tennessee.
Sec. 5108. Tennessee River partnership.
Sec. 5109. Clear Creek and tributaries, Harris, Galveston, and Brazoria
Counties, Texas.
Sec. 5110. Harris County, Texas.
Sec. 5111. Harris Gully, Harris County, Texas.
Sec. 5112. Onion Creek, Texas.
Sec. 5113. Pelican Island, Texas.
Sec. 5114. Front Royal, Virginia.
Sec. 5115. Richmond National Battlefield Park, Richmond, Virginia.
Sec. 5116. Baker Bay and Ilwaco Harbor, Washington.
Sec. 5117. Chehalis River, Centralia, Washington.
Sec. 5118. Hamilton Island Campground, Washington.
Sec. 5119. Puget Island, Washington.
Sec. 5120. Bluestone, West Virginia.
Sec. 5121. West Virginia and Pennsylvania flood control.
Sec. 5122. Lower Kanawha River Basin, West Virginia.
Sec. 5123. Central West Virginia.
Sec. 5124. Southern West Virginia.
Sec. 5125. Construction of flood control projects by non-Federal
interests.
Sec. 5126. Bridge authorization.
Sec. 5127. Additional assistance for critical projects.
Sec. 5128. Use of Federal hopper dredge fleet.
Sec. 5129. Wage surveys.
Sec. 5130. Purchase of American-made equipment and products.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--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) Tanque verde creek, arizona.--The project for
environmental restoration, Tanque Verde Creek, Arizona: Report
of the Chief of Engineers, dated July 22, 2003, at a total cost
of $4,878,000, with an estimated Federal cost of $3,170,700 and
an estimated non-Federal cost of $1,707,300.
(2) American river watershed, california.--
(A) In general.--The project for flood damage
reduction and environmental restoration, American River
Watershed, California: Report of the Chief of
Engineers, dated November 5, 2002, at a total cost of
$257,300,000, with an estimated Federal cost of
$201,200,000 and an estimated non-Federal cost of
$56,100,000; except that the Secretary is authorized to
accept funds from State and local governments and other
Federal agencies for the purpose of constructing a
permanent bridge instead of the temporary bridge
described in the recommended plan and may construct
such permanent bridge if all additional costs for such
bridge, above the $36,000,000 provided for in the
recommended plan for bridge construction, are provided
by such governments or agencies.
(B) Expediting bridge design and construction.--The
Secretary, in cooperation with appropriate non-Federal
interests, shall immediately commence appropriate
studies for, and the design of, a permanent bridge
(including an evaluation of potential impacts of bridge
construction on traffic patterns and identification of
alternatives for mitigating such impacts) and, upon
execution of a cost-sharing agreement with such non-
Federal interests, shall proceed to construction of the
bridge as soon as practicable; except that such
studies, design, and construction shall not adversely
affect the schedule of design or construction of
authorized projects for flood damage reduction.
(3) 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 $38,480,000, with an
estimated Federal cost of $24,930,000 and an estimated non-
Federal cost of $13,550,000.
(4) South platte river, denver, colorado.--The project for
environmental restoration Denver County Reach, South Platte
River, Denver, Colorado: Report of the Chief of Engineers,
dated May 16, 2003, at a total cost of $17,997,000, with an
estimated Federal cost of $11,698,000 and an estimated non-
Federal cost of $6,299,000.
(5) Peoria riverfront, illinois.--The project for
environmental restoration, Peoria Riverfront, Illinois: Report
of the Chief of Engineers, dated July 28, 2003, at a total cost
of $15,182,000, with an estimated Federal cost of $9,868,000
and an estimated non-Federal cost of $5,314,000.
(6) 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: Reports of the Chief of Engineers, dated
August 23, 2002, and July 22, 2003, at a total cost of
$719,000,000, with an estimated Federal cost of
$467,000,000 and an estimated non-Federal cost of
$252,000,000.
(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.
(7) 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 $8,000,000, with an estimated Federal cost of $5,200,000 and
an estimated non-Federal cost of $2,800,000.
(8) South river, new jersey.--The project for hurricane and
storm damage reduction and environmental restoration, South
River, New Jersey: Report of the Chief of Engineers, dated July
22, 2003, at a total cost of $103,268,000, with an estimated
Federal cost of $67,124,000 and an estimated non-Federal cost
of $36,144,000.
(9) Corpus christi ship channel, corpus christi, texas.--
The project for navigation and environmental restoration,
Corpus Christi Ship Channel, Texas, Channel Improvement
Project: Report of the Chief of Engineers dated June 2, 2003,
at a total cost of $153,808,000, with an estimated Federal cost
of $73,554,000 and an estimated non-Federal cost of
$80,254,000.
(10) Matagorda bay, texas.--The project for navigation,
Gulf Intracoastal Waterway, Brazos River to Port O'Connor,
Matagorda Bay Re-Route, Texas: Report of the Chief of
Engineers, dated December 4, 2002, at a total cost of
$14,515,000. The costs of construction of the project are to 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.
(11) Riverside oxbow, fort worth, texas.--
(A) In general.--The project for environmental
restoration, Riverside Oxbow, Fort Worth, Texas: Report
of the Chief of Engineers dated May 29, 2003, at a
total cost of $22,200,000, with an estimated Federal
cost of $9,180,000 and an estimated non-Federal cost of
$13,020,000.
(B) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project 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 partnership
agreement for the project if the Secretary determines
that the work is integral to the project.
(12) Deep creek, chesapeake, virginia.--The project for the
Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek,
Chesapeake, Virginia: Report of the Chief of Engineers, dated
March 3, 2003, at a total cost of $22,178,000.
(b) Projects Subject to Final Report.--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, recommended
in a final report of the Chief of Engineers if a favorable report of
the Chief is completed not later than December 31, 2003:
(1) Bel marin keys unit v, california.--The project for
environmental restoration, Bel Marin Keys Unit V, California,
at a total cost of $133,600,000, with an estimated Federal cost
of $100,200,000 and an estimated non-Federal cost of
$33,400,000.
(2) Imperial beach, california.--The project for storm
damage reduction, Imperial Beach, California, at a total cost
of $11,922,000, with an estimated Federal cost of $7,630,000
and an estimated non-Federal cost of $4,292,000.
(3) Gwynns falls, maryland.--The project for environmental
restoration, Gwynns Falls, Maryland, at a total cost of
$14,660,000.
(4) Manasquan to barnegat inlets, new jersey.--The project
for hurricane and storm damage reduction, Manasquan to Barnegat
Inlets, New Jersey, at a total cost of $60,649,000, with an
estimated Federal cost of $39,422,000 and an estimated non-
Federal cost of $21,227,000.
(5) Centralia, chehalias river, washington.--The project
for flood damage reduction, Centralia, Chehalias River,
Washington, at a total cost of $86,872,000, with an estimated
Federal cost of $56,467,000 and an estimated non-Federal cost
of $30,405,000.
SEC. 1002. 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) Stony creek, oak lawn, illinois.--Project for flood
damage reduction, Stony Creek, Oak Lawn, Illinois.
(4) Olive hill and vicinity, kentucky.--Project for flood
damage reduction, Olive Hill and vicinity, Kentucky.
(5) Nashua river, fitchburg, massachusetts.--Project for
flood damage reduction, Nashua River, Fitchburg, Massachusetts.
(6) Saginaw river, hamilton dam, flint, michigan.--Project
for flood damage reduction, Saginaw River, Hamilton Dam, Flint,
Michigan.
(7) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(8) Roseau river, roseau, minnesota.--Project for flood
damage reduction, Roseau River, Roseau, Minnesota.
(9) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch of
the Wild Rice River, Borup, Minnesota.
(10) Twin valley lake, wild rice river, minnesota.--Project
for flood damage reduction, Twin Valley Lake, Wild Rice River,
Minnesota.
(11) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(12) McKeel brook, new jersey.--Project for flood damage
reduction, McKeel Brook, New Jersey.
(13) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(14) Ramapo river, town of monroe and villages of monroe,
kiryas joel, and harriman, new york.--Project for flood damage
reduction, Ramapo River, Town of Monroe and Villages of Monroe,
Kiryas Joel, and Harriman, New York.
(15) Little mill creek, southampton, pennsylvania.--Project
for flood damage reduction, Little Mill Creek, Southampton,
Pennsylvania.
(16) Little neshaminy creek, warrenton, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrenton, Pennsylvania.
(17) 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)(9) 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. 1003. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION.
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 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) Ouachita and black rivers, arkansas.--Project for
emergency streambank protection, Ouachita and Black Rivers,
Arkansas.
(2) Melvina ditch, chicago ridge, illinois.--Project for
emergency streambank protection for the east side of Melvina
Ditch in the vicinity of 96th Street and Nashville Avenue,
Chicago Ridge, Illinois.
(3) Red lake falls, minnesota.--Project for emergency
streambank protection, Red Lake River, Red Lake Falls,
Minnesota.
(4) Middle fork grand river, gentry county, missouri.--
Project for emergency streambank protection, Middle Fork Grand
River, Gentry County, Missouri.
(5) Shrewsbury river, rumson, new jersey.--Project for
emergency streambank protection, Shrewsbury River, Rumson, New
Jersey.
(6) Kowawese unique area and hudson river, new windsor, new
york.--Project for emergency streambank protection, Kowawese
Unique Area and Hudson River, New Windsor, New York.
SEC. 1004. 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) Palm beach harbor, florida.--Project for navigation,
Palm Beach Harbor, Florida.
(3) Evanston, illinois.--Project for navigation, Evanston,
Illinois.
(4) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(5) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(6) Niagara frontier transportation authority boat harbor,
buffalo, new york.--Project for navigation, Niagara Frontier
Transportation Authority Boat Harbor, Buffalo, New York.
(7) Woodlawn marina, lackawanna, new york.--Project for
navigation, Woodlawn Marina, Lackawanna, New York.
(8) Baker bay and ilwaco harbor, washington.--Project for
navigation, Baker Bay and Ilwaco Harbor, Washington.
SEC. 1005. 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): Project for improvement of the quality
of the environment, Smithville Lake, Missouri.
SEC. 1006. 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) New and alamo rivers, imperial county, california.--
Project for aquatic ecosystem restoration, New and Alamo
Rivers, Imperial County, California, including efforts to
address invasive aquatic plant species.
(4) San diego river, california.--Project for aquatic
ecosystem restoration, San Diego River, California, including
efforts to address invasive aquatic plant species.
(5) 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.
(6) Sweetwater reservoir, san diego county, california.--
Project for aquatic ecosystem restoration, Sweetwater
Reservoir, San Diego County, California, including efforts to
address invasive aquatic plant species.
(7) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(8) Destin harbor, florida.--Project for aquatic ecosystem
restoration, Destin Harbor, Florida.
(9) 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.
(10) Chattahoochee river and ocmulgee river basins,
georgia.--Project for aquatic ecosystem restoration,
Chattahoochee River and Ocmulgee River basins, Gwinnett County,
Georgia.
(11) Snake river, jerome, idaho.--Project for aquatic
ecosystem restoration, Snake River, Jerome, Idaho.
SEC. 1007. 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): Project
for shoreline protection, Nelson Lagoon, Alaska.
SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for the following project and,
if the Secretary determines that the project is feasible, the Secretary
may carry out the project under section 2 of the Flood Control Act of
August 28, 1937 (33 U.S.C. 701g): Project for removal of snags and
clearing and straightening of channels for flood control, Kowawese
Unique Area and Hudson River, New Windsor, New York.
TITLE II--GENERAL PROVISIONS
SEC. 2001. 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. 2002. 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. 2003. 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. 2004. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594) is amended by striking ``2003'' and
inserting ``2005''.
SEC. 2005. 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. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) Partnership Agreements.--Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b) is amended--
(1) in subsection (a)--
(A) by striking ``under the provisions'' and all
that follows through ``under any other'' and inserting
``under any'';
(B) by striking ``to furnish its required
cooperation for'' and inserting ``under which each
party agrees to carry out its responsibilities and
requirements for implementation or construction of'';
and
(C) by inserting after ``$25,000.'' the following:
``Such agreement may include a provision for damages in
the event of a failure of one or more parties to
perform.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Limitation.--Nothing in subsection (a) shall be construed as
limiting the authority of the Secretary to ensure that a agreement
under this section meets all requirements of law and policies of the
Secretary in effect on the date of entry into the agreement.''.
(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 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,''.
(c) Applicability.--The amendments made by subsections (a) and (b)
only apply to partnership agreements entered into after the date of
enactment of this Act; except that at the request of a non-Federal
interest for a project the district engineer for the district in which
the project is located may amend a project partnership agreement
entered into on or before such date and under which construction on the
project has not been initiated as of such date of enactment for the
purpose of incorporating such amendments.
(d) Partnership and Cooperative Arrangements.--
(1) In general.--Agreements entered into under section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5(b)) shall
further partnership and cooperative arrangements with non-
Federal interests and shall be referred to as ``partnership
agreements''.
(2) References to cooperation agreements.--Any reference in
a law, regulation, document, or other paper of the United
States to a cooperation agreement or project cooperation
agreement shall be treated to be a reference to a partnership
agreement or a project partnership agreement, respectively.
(3) References to partnership agreements.--Any reference to
a partnership agreement or project partnership agreement in
this Act (other than this section) shall be treated as a
reference to a cooperation agreement or a project cooperation
agreement, respectively.
(e) Entry of Agreement With District Engineer.--After January 1,
2005, the agreement required to be entered into under section 221(a) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)) shall be entered
into with the district engineer for the district in which the project
will be carried out, unless, before that date, the Secretary issues
policies and guidelines for partnership agreements and delegates to the
district engineers, at a minimum--
(1) the authority to approve any policy in a partnership
agreement that has appeared in an agreement previously approved
by the Secretary;
(2) the authority to approve any policy in a partnership
agreement the specific terms of which are dictated by law, or
by a final feasibility study, final environmental impact
statement, or other final decision document for a water
resources development project;
(3) the authority to approve any partnership agreement that
complies with the policies and guidelines issued by the
Secretary; and
(4) the authority to sign any partnership agreement for any
water resources development project unless, within 30 days of
the date of authorization of the project, the Secretary
notifies the district engineer in which the project will be
carried out that the Secretary wishes to retain the prerogative
to sign the partnership agreement for that project.
(f) Public Availability.--Not later than the 120th day following
the date of enactment of this Act, the Chief of Engineers shall ensure
that each district engineer has made available on the Internet all
partnership agreements entered into under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5(b)) within the preceding 10
years and all partnership agreements for water resources development
projects currently being carried out in that district and shall make
any partnership agreements entered into after such date of enactment
available on the Internet within 7 days of the date on which such
agreement is entered into.
SEC. 2007. 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 2004 through 2008.
SEC. 2008. 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, 2004, 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, 2004, 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. 2009. 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, contaminant reduction, or disposal
facility (including any facility used to demonstrate potential
beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) 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.--
``(i) Specified federal funding sources and
cost sharing.--The cost-sharing 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.
``(ii) Management of sediments.--The cost-
sharing agreement may include the management of
sediments from the maintenance dredging of
Federal navigation projects that do not have
partnership agreements. The cost-sharing
agreement may allow the non-Federal sponsor to
receive reimbursable payments from the Federal
Government for commitments made by the sponsor
for disposal or placement capacity at dredged
material treatment, processing, contaminant
reduction, or disposal facilities.
``(iii) Credit.--The cost-sharing agreement
may allow costs incurred prior to execution of
a partnership agreement for construction or the
purchase of equipment or capacity for the
project to be credited according to existing
cost-sharing rules.
``(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--
(A) by inserting ``and maintenance'' after
``operation''; and
(B) by inserting ``processing, treatment, or''
after ``dredged material'' the first place it appears.
SEC. 2010. 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. 2011. 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. 2012. 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 entity for use in the
construction, repair, or rehabilitation of projects determined by the
Secretary to be in the public interest and 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) Special Rule.--Construction of a project under subsection (a)
for the protection and restoration of aquatic and ecologically related
habitat the cost of which does not exceed $750,000 and which will be
located in a disadvantaged community as determined by the Secretary may
be carried out at Federal expense.
``(f) 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.
``(g) Selection of Dredged Material Disposal Method.--In developing
and carrying out a project for navigation involving the disposal of
dredged material, the Secretary may select, with the consent of the
non-Federal interest, a disposal method that is not the least-cost
option if the Secretary determines that the incremental costs of such
disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to be
derived from the creation of wetlands and control of shoreline erosion.
The Federal share of such incremental costs shall be determined in
accordance with subsection (d).
``(h) 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.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 annually for projects under this section of
which not more than $3,000,000 annually may be used for construction of
projects described in subsection (e). Such sums shall remain available
until expended.
``(j) 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 for the beaches of Bogues Bank in the
vicinity of Morehead City, North Carolina, and a project in the
vicinity of the Smith Point Park Pavilion and the TWA Flight 800
Memorial, Brookhaven, New York.
SEC. 2013. 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 owned by an Alaska Native Regional
Corporation or an Alaska Native Village Corporation (as those terms are
defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)) or the Metlakatla Indian community.''.
SEC. 2014. REVISION OF PROJECT PARTNERSHIP 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 partnership agreement for the
project to take into account the change in Federal participation in the
project.
SEC. 2015. 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. 2016. CREDIT FOR WORK PERFORMED BEFORE PARTNERSHIP 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 partnership 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.
SEC. 2017. 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. 2018. 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. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--Section 729 of the Water Resources Development Act
of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is
amended--
(1) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following:
``(6) Sacramento-San Joaquin Delta, California.'';
(2) by striking paragraph (1) of subsection (f) and
inserting the following:
``(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.''; and
(3) by striking subsection (g).
(b) Revision of Partnership Agreement.--The Secretary shall revise
the partnership 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 amendments made by
subsection (a).
SEC. 2020. 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. 2021. 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 if the cost of such
separable element does not exceed 3 percent of the Federal project cost
and does not exceed $1,000,000.
(b) Operation and Maintenance.--Operation and maintenance of a
separable element of a project carried out under this section shall be
a non-Federal responsibility.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to increase the amount authorized to be appropriated
for a project beyond that amount authorized by law or to provide a
separate authorization of appropriations.
SEC. 2022. PROSECUTION OF WORK.
Section 10 of the Rivers and Harbors Act of September 22, 1922 (33
U.S.C. 621; 42 Stat. 1043), is amended by inserting after ``harbors''
the following: ``, including any planning, engineering, design,
construction, operation, and maintenance,''.
SEC. 2023. WILDFIRE FIREFIGHTING.
Section 309 of Public Law 102-154 (42 U.S.C. 1856a-1; 105 Stat.
1034) is amended by inserting ``the Secretary of the Army,'' after
``the Secretary of Energy,''.
SEC. 2024. CREDIT FOR NONCONSTRUCTION SERVICES.
(a) In General.--The Secretary is authorized to allow a non-Federal
interest credit toward its share of project costs for any authorized
water resources development project for the cost of materials and in-
kind services, including design and management services but not
including construction, provided by the non-Federal interest for
implementation of the project.
(b) Limitation.--Credit authorized under subsection (a)--
(1) shall not exceed the non-Federal share of project
costs;
(2) shall not alter any other requirements that require a
non-Federal interest to provide lands, easements, rights-of-
way, and dredged material disposal areas for the project;
(3) shall not exceed the actual and reasonable costs of the
materials or in-kind services provided by the non-Federal
interest, as determined by the Secretary; and
(4) shall not be allowed unless the Secretary has
determined that such materials or services are compatible with
and necessary for the project.
SEC. 2025. TECHNICAL ASSISTANCE.
Section 22 of Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting the following:
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) by inserting after the last sentence in subsection (a)
the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a
governmental agency or non-Federal interest,
the Secretary may provide, at Federal expense,
technical assistance to such agency or non-
Federal interest in managing water resources.
``(B) Types of assistance.--Technical
assistance under this paragraph may include
provision and integration of hydrologic,
economic, and environmental data and
analyses.''
(3) in subsection (b)(1) by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (c) by striking ``(c) There is'' and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(5) in subsection (c) strike ``the provisions of this
section'' and insert ``subsection (a)(1);''; and
(6) by inserting at the end of subsection (c) the
following:
``(2) Technical assistance.--There is authorized to be
appropriated $5,000,000 annually to carry out subsection
(a)(2), of which not more than $2,000,000 annually may be used
by the Secretary to enter into cooperative agreements with
nonprofit organizations to provide assistance to rural and
small communities.''.
SEC. 2026. CENTERS OF SPECIALIZED PLANNING EXPERTISE.
(a) Establishment.--The Secretary is authorized to establish
centers to provide specialized planning expertise for water resources
projects to be carried out by the Secretary to enhance and supplement
the capabilities of the districts of the Army Corps of Engineers.
(b) Duties.--A center of expertise shall have the following duties:
(1) Providing technical and managerial assistance to
district engineers for project planning, development, and
implementation.
(2) Providing peer reviews of new major scientific,
engineering, or economic methods, models or analyses that will
be used to support decisions of the Secretary with respect to
feasibility studies.
(3) Providing support for external peer review panels
convened by the Secretary.
(4) Performing such other duties as prescribed by the
Secretary.
SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND LOCAL
ACTIONS.
(a) Notice of Intent.--Upon request of the non-Federal interest in
the form of a written notice of intent to construct or modify a non-
Federal water supply, wastewater infrastructure, flood damage
reduction, environmental restoration, or navigation project that
requires the approval of the Secretary, the Secretary shall initiate,
subject to subsection (g)(1), procedures to establish a schedule for
consolidating Federal, State, and local agency and Indian tribe
environmental assessments, project reviews, and issuance of all permits
for the construction or modification of the project. The non-Federal
interest shall submit to the Secretary, with the notice of intent,
studies and documentation, including environmental reviews, that may be
required by Federal law for decisionmaking on the proposed project. All
States and Indian tribes having jurisdiction over the proposed project
shall be invited by the Secretary, but shall not be required, to
participate in carrying out this section with respect to the project.
(b) Procedural Requirements.--Within 15 days after receipt of
notice under subsection (a), the Secretary shall publish such notice in
the Federal Register. The Secretary also shall provide written
notification of the receipt of a notice under subsection (a) to all
State and local agencies and Indian tribes that may be required to
issue permits for the construction of the project or related
activities. The Secretary shall solicit the cooperation of those
agencies and request their entry into a memorandum of agreement
described in subsection (c) with respect to the project. Within 30 days
after publication of the notice in the Federal Register, State and
local agencies and Indian tribes that intend to enter into the
memorandum of agreement with respect to the project shall notify the
Secretary of their intent in writing.
(c) Scheduling Agreement.--Within 90 days after the date of receipt
of notice under subsection (a) with respect to a project, the Secretary
of the Interior, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, as necessary, and any State or
local agencies that have notified the Secretary under subsection (b)
shall enter into an agreement with the Secretary establishing a
schedule of decisionmaking for approval of the project and permits
associated with the project and with related activities.
(d) Contents of Agreement.--An agreement entered into under
subsection (c) with respect to a project, to the extent practicable,
shall consolidate hearing and comment periods, procedures for data
collection and report preparation, and the environmental review and
permitting processes associated with the project and related
activities. The agreement shall detail, to the extent possible, the
non-Federal interest's responsibilities for data development and
information that may be necessary to process each permit required for
the project, including a schedule when the information and data will be
provided to the appropriate Federal, State, or local agency or Indian
tribe.
(e) Revision of Agreement.--The Secretary may revise an agreement
entered into under subsection (c) with respect to a project once to
extend the schedule to allow the non-Federal interest the minimum
amount of additional time necessary to revise its original application
to meet the objections of a Federal, State, or local agency or Indian
tribe that is a party to the agreement.
(f) Final Decision.--Not later than the final day of a schedule
established by an agreement entered into under subsection (c) with
respect to a project, the Secretary shall notify the non-Federal
interest of the final decision on the project and whether the permit or
permits have been issued.
(g) Reimbursement.--
(1) Costs of coordination.--The costs incurred by the
Secretary to establish and carry out a schedule to consolidate
Federal, State, and local agency and Indian tribe environmental
assessments, project reviews, and permit issuance for a project
under this section shall be paid by the non-Federal interest.
(2) Costs incurred to expedite permits and reviews.--
(A) Acceptance of non-federal funds.--The Secretary
may accept funds from the non-Federal interest to hire
additional staff or obtain the services of consultants,
or to provide financial, technical, and administrative
support to agencies that have entered into an agreement
with the Secretary under subsection (c) with respect to
a project in order to facilitate the timely processing,
review, and completion of applicable Federal, State,
and local agency and Indian tribe environmental
assessments, project reviews, and permits for the
project.
(B) Use of funds.--Funds accepted under this
paragraph shall be used to supplement existing
resources of the Secretary or a participating agency.
(C) Assurance of level of service and
impartiality.--The Secretary shall ensure that the
Department of the Army and any participating agency
that accepts funds under this paragraph shall continue
to provide the same level of service to other projects
and other responsibilities not covered by this section
as it would provide notwithstanding any activities
carried out under this section and that acceptance of
such funds will not impact impartial decisionmaking
either substantively or procedurally.
(h) Report on Timesavings Methods.--Not later than 3 years after
the date of enactment of this section, the Secretary shall prepare and
transmit to Congress a report estimating the time required for the
issuance of all Federal, State, local, and tribal permits for the
construction of non-Federal projects for water supply, wastewater
infrastructure, flood damage reduction, environmental restoration, and
navigation. The Secretary shall include in that report recommendations
for further reducing the amount of time required for the issuance of
those permits, including any proposed changes in existing law.
SEC. 2028. PROJECT STREAMLINING.
(a) Policy.--The benefits of water resources projects are important
to the Nation's economy and environment, and recommendations to
Congress regarding such projects should not be delayed due to
uncoordinated and sequential environmental reviews or the failure to
timely resolve disputes during the development of water resources
projects.
(b) Scope.--This section shall apply to each study initiated after
the date of enactment of this Act to develop a feasibility report under
section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282), or a reevaluation report, for a water resources project if the
Secretary determines that such study requires an environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Water Resources Project Review Process.--The Secretary shall
develop and implement a coordinated review process for water resources
projects.
(d) Coordinated Reviews.--
(1) In general.--The coordinated review process under this
section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued
or made by a Federal, State, or local government agency or
Indian tribe for a water resources project will be conducted
concurrently, to the maximum extent practicable, and completed
within a time period established by the Secretary, in
cooperation with the agencies identified under subsection (e)
with respect to the project.
(2) Agency participation.--Each Federal agency identified
under subsection (e) shall formulate and implement
administrative, policy, and procedural mechanisms to enable the
agency to ensure completion of environmental reviews, analyses,
opinions, permits, licenses, and approvals described in
paragraph (1) in a timely and environmentally responsible
manner.
(e) Identification of Jurisdictional Agencies.--With respect to
each water resources project, the Secretary shall identify, as soon as
practicable, all Federal, State, and local government agencies and
Indian tribes that may have jurisdiction over environmental-related
matters that may be affected by the project or may be required by law
to conduct an environmental-related review or analysis of the project
or determine whether to issue an environmental-related permit, license,
or approval for the project.
(f) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a water
resources project within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
(g) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal, State, and local government agencies and Indian tribes
identified under subsection (e) with respect to the project and the
non-Federal interest for the project.
(h) Effect of Failure To Meet Deadline.--
(1) Notification of congress and ceq.--If the Secretary
determines that a Federal, State, or local government agency,
Indian tribe, or non-Federal interest that is participating in
a coordinated review process under this section with respect to
a project has not met a deadline established under subsection
(d) for the project, the Secretary shall notify, within 30 days
of the date of such determination, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, the Council on Environmental Quality, and the
agency, Indian tribe, or non-Federal interest involved about
the failure to meet the deadline.
(2) Agency report.--Not later than 30 days after the date
of receipt of a notice under paragraph (1), the Federal, State,
or local government agency, Indian tribe, or non-Federal
interest involved shall submit a report to the Secretary, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the Council on Environmental Quality
explaining why the agency, Indian tribe, or non-Federal
interest did not meet the deadline and what actions it intends
to take to complete or issue the required review, analysis,
opinion, permit, license, or approval.
(i) Purpose and Need and Determination of Reasonable
Alternatives.--
(1) In general.--As an official of the lead Federal agency
that is responsible for carrying out a study to which this
section applies and its associated process for meeting the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and as the Federal agency with
expertise in water resources development, the Secretary, in
carrying out such study and process, shall--
(A) define the purpose and need for the proposed
water resources project; and
(B) determine which alternatives are reasonable and
may be reasonably anticipated to meet project purposes
and needs.
(2) Streamlining study.--To streamline a study to which
this section applies and its associated process for meeting the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the Secretary may eliminate from
consideration any alternatives the Secretary determines are not
reasonable or are not reasonably anticipated to meet project
purposes and needs.
(j) Solicitation and Consideration of Comments.--In applying
subsection (i), the Secretary shall solicit, consider, and respond to
comments from interested persons and governmental entities.
(k) Categorical Exclusions.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for water resources projects.
(l) Limitations.--Nothing in this section shall preempt or
interfere with--
(1) any practice of seeking public comment;
(2) any power, jurisdiction, or authority that a Federal,
State, or local government agency, Indian tribe, or non-Federal
interest has with respect to carrying out a water resources
project; or
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C. 4371 et
seq.) and the regulations issued by the Council on
Environmental Quality to carry out such Act.
(m) Benchmarks.--Within 12 months of the date of enactment of this
Act, the Chief of Engineers shall establish benchmarks for determining
the length of time it should take to conduct a feasibility study for a
water resources development project and its associated review process
under the National Environmental Policy Act of 1969 (42 U.S.C. 4371 et
seq.). Benchmarks may be established for activities based on project
type, size, cost, and complexity. The Chief of Engineers shall use such
benchmarks as a management tool to make the feasibility study process
more efficient in all districts of the Army Corps of Engineers.
SEC. 2029. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--
(1) by striking ``and'' at end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting a semicolon; and
(3) by adding at the end the following:
``(20) Kinkaid Lake, Jackson County, Illinois, removal of
silt and aquatic growth and measures to address excessive
sedimentation;
``(21) Rogers Pond, Franklin Township, New Jersey, removal
of silt and restoration of structural integrity;
``(22) Greenwood Lake, Greenwood Lake, New York, removal of
silt and aquatic growth; and
``(23) Lake Rodgers, Creedmoor, North Carolina, removal of
silt and excessive nutrients and restoration of structural
integrity.''.
SEC. 2030. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) Completion of Mitigation.--Section 906(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended by
adding at the following:
``(3) Completion of mitigation.--In those instances in
which it is not technically practicable to complete mitigation
concurrent with the last day of project construction because of
the nature of the mitigation to be undertaken, the Secretary
shall complete the required mitigation as expeditiously as
practicable, but in no case later than the last day of the
first fiscal year beginning after the last day of construction
of the project or separable element of the project.''.
(b) Mitigation Plan Contents.--Section 906(d) of such Act (33
U.S.C. 2283(d)) is amended by adding at the end the following:
``(3) Contents.--A mitigation plan shall include--
``(A) a description of the physical action to be
undertaken to achieve the mitigation objectives within
the watershed in which such losses occur and, in any
case in which mitigation must take place outside the
watershed, a justification detailing the rationale for
undertaking the mitigation outside of the watershed;
``(B) a description of the lands or interests in
lands to be acquired for mitigation and the basis for a
determination that such lands are available for
acquisition;
``(C) the type, amount, and characteristics of the
habitat being restored;
``(D) success criteria for mitigation based on
replacement of lost functions and values of the
habitat, including hydrologic and vegetative
characteristics; and
``(E) a plan for any necessary monitoring to
determine the success of the mitigation, including the
cost and duration of any monitoring, and to the extent
practicable, the entities responsible for any
monitoring.
``(4) Responsibility for monitoring.--In any case in which
it is not practicable to identify in a mitigation plan for a
water resources project, the entity responsible for monitoring
at the time of a final report of the Chief of Engineers or
other final decision document for the project, such entity
shall be identified in the partnership agreement entered into
with the non-Federal interest.''.
(c) Status Report.--
(1) In general.--Concurrent with the President's submission
to Congress of the President's request for appropriations for
the Civil Works Program for a fiscal year, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on the
Environment and Public Works of the Senate a report on the
status of construction of projects that require mitigation
under section 906 of Water Resources Development Act 1986 (33
U.S.C. 2283; 100 Stat. 4186) and the status of such mitigation.
(2) Projects included.--The status report shall include the
status of all projects that are under construction, all
projects for which the President requests funding for the next
fiscal year, and all projects that have completed construction,
but have not completed the mitigation required under section
906 of the Water Resources Development Act of 1986.
SEC. 2031. COOPERATIVE AGREEMENTS.
(a) In General.--For the purpose of expediting the cost-effective
design and construction of wetlands restoration that is part of an
authorized water resources project, the Secretary may enter into
cooperative agreements under section 6305 of title 31, United States
Code, with nonprofit organizations with expertise in wetlands
restoration to carry out such design and construction on behalf of the
Secretary.
(b) Limitations.--
(1) Per project limit.--A cooperative agreement under this
section shall not obligate the Secretary to pay the nonprofit
organization more than $1,000,000 for any single wetlands
restoration project.
(2) Annual limit.--The total value of work carried out
under cooperative agreements under this section may not exceed
$5,000,000 in any fiscal year.
SEC. 2032. PROJECT PLANNING.
(a) Objectives.--
(1) Flood control, navigation, and hurricane and storm
damage reduction projects.--The Federal objective of any study
of the feasibility of a water resources project carried out by
the Secretary for flood damage reduction, navigation, or
hurricane and storm damage reduction shall be to maximize the
net national economic development benefits associated with the
project, consistent with protecting the Nation's environment.
(2) Ecosystem restoration projects.--The Federal objective
of any study of the feasibility of a water resources project
for ecosystem restoration carried out by the Secretary shall be
to maximize the net national ecosystem restoration benefits
associated with the project, consistent with national economic
development.
(3) Projects with multiple purposes.--In the case of a
study that includes multiple project purposes, the primary and
other project purposes shall be evaluated, based on the
relevant Federal objective identified under paragraphs (1) and
(2).
(4) Selection of project alternatives.--
(A) In general.--Notwithstanding the Federal
objectives identified in this subsection, the Secretary
may select a project alternative that does not maximize
net benefits if there is an overriding reason based
upon other Federal, State, local, or international
concerns.
(B) Flood damage reduction, navigation, and
hurricane storm damage reduction projects.--With
respect to a water resources project described in
paragraph (1), an overriding reason for selecting a
plan other than the plan that maximizes national
economic development benefits may be if the Secretary
determines, and the non-Federal interest concurs, that
an alternative plan is feasible and achieves the
project purposes while providing greater ecosystem
restoration benefits.
(C) Ecosystem restoration projects.--With respect
to a water resources project described in paragraph
(2), an overriding reason for selecting a plan other
than the plan that maximizes national ecosystem
restoration benefits may be if the Secretary
determines, and the non-Federal interest concurs, that
an alternative is feasible and achieves the project
purpose while providing greater economic development
benefits.
(b) Identifying Additional Benefits and Projects.--
(1) Primarily economic benefits.--In conducting a study of
the feasibility of a project where the primary benefits are
expected to be economic, the Secretary may identify ecosystem
restoration benefits that may be achieved in the study area
and, after obtaining the participation of a non-Federal
interest, may study and recommend construction of a separate
project or separable project element to achieve those benefits.
(2) Primarily ecosystem restoration benefits.--In
conducting a study of the feasibility of a project where the
primary benefits are expected to be associated with ecosystem
restoration, the Secretary may identify economic benefits that
may be achieved in the study area and, after obtaining the
participation of a non-Federal interest, may study and
recommend construction of a separate project or separable
project element to achieve those benefits.
(3) Rules applicable to identified separate projects and
elements.--Any separate project or separable element identified
under paragraph (1) or (2) and recommended for construction
shall not be considered integral to the underlying project
under study and, if authorized, shall be subject to a separate
partnership agreement, unless a non-Federal interest agrees to
share in the cost of both projects or separable elements.
(c) Calculation of Benefits and Costs for Flood Damage Reduction
Projects.--A feasibility study for a project for flood damage reduction
shall include, as part of the calculation of benefits and costs--
(1) a calculation of the residual risk of flooding
following completion of the proposed project;
(2) a calculation of any upstream or downstream impacts of
the proposed project; and
(3) calculations to ensure that the benefits and costs
associated with structural and nonstructural alternatives are
evaluated in an equitable manner.
SEC. 2033. INDEPENDENT PEER REVIEW.
(a) Project Studies Subject to Independent Peer Review.--
(1) In general.--Project studies shall be subject to a peer
review by an independent panel of experts as determined under
this section.
(2) Scope.--The peer review may include a review of the
economic and environmental assumptions and projections, project
evaluation data, economic analyses, environmental analyses,
engineering analyses, formulation of alternative plans, methods
for integrating risk and uncertainty, models used in evaluation
of economic or environmental impacts of proposed projects, and
any biological opinions of the project study.
(3) Project studies subject to peer review.--
(A) Mandatory.--A project study shall be subject to
peer review under paragraph (1) if the project has an
estimated total cost of more than $50,000,000,
including mitigation costs, and is not determined by
the Chief of Engineers to be exempt from peer review
under paragraph (6).
(B) Discretionary.--A project study may be subject
to peer review if--
(i) the Governor of an affected State
requests a peer review by an independent panel
of experts;
(ii) the head of a Federal or State agency
charged with reviewing the project study
determines that the project is likely to have a
significant adverse impact on environmental,
cultural, or other resources under the
jurisdiction of the agency after implementation
of proposed mitigation plans and requests a
peer review by an independent panel of experts;
or
(iii) the Chief of Engineers determines
that the project study is controversial.
(4) Controversial projects.--Upon receipt of a written
request under paragraph (3)(B) or on the initiative of the
Chief of Engineers, the Chief of Engineers shall determine
whether a project study is controversial.
(5) Factors to consider.--In determining whether a project
study is controversial, the Chief of Engineers shall consider
if--
(A) there is a significant public dispute as to the
size, nature, or effects of the project; or
(B) there is a significant public dispute as to the
economic or environmental costs or benefits of the
project.
(6) Project studies excluded from peer review.--Project
studies that may be excluded from peer review under paragraph
(1) are--
(A) a study for a project the Chief of Engineers
determines--
(i) is not controversial;
(ii) has no more than negligible adverse
impacts on scarce or unique cultural, historic,
or tribal resources;
(iii) has no substantial adverse impacts on
fish and wildlife species and their habitat
prior to the implementation of mitigation
measures; and
(iv) has, before implementation of
mitigation measures, no more than a negligible
adverse impact on a species listed as
endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1539
et seq.) or the critical habitat of such
species designated under such Act; and
(B) a study for a project pursued under section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s),
section 2 of the Flood Control Act of August 28, 1937
(33 U.S.C. 701g), section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r), section 107(a) of the River
and Harbor Act of 1960 (33 U.S.C. 577(a)), 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), section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i), section 3 of the Act entitled
``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 2,
1945 (33 U.S.C. 603a), section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a),
section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330), or section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326).
(7) Appeal.--The decision of the Chief of Engineers whether
to peer review a project study shall be published in the
Federal Register and shall be subject to appeal by a person
referred to in paragraph (3)(B)(i) or (3)(B)(ii) to the
Secretary of the Army if such appeal is made within the 30-day
period following the date of such publication.
(8) Determination of project cost.--For purposes of
determining the estimated total cost of a project under
paragraph (3)(A), the project cost shall be based upon the
reasonable estimates of the Chief of Engineers at the
completion of the reconnaissance study for the project. If the
reasonable estimate of project costs is subsequently determined
to be in excess of the amount in paragraph (3)(A), the Chief of
Engineers shall make a determination whether a project study
should be reviewed under this section.
(b) Timing of Peer Review.--The Chief of Engineers shall determine
the timing of a peer review of a project study under subsection (a). In
all cases, the peer review shall occur during the period beginning on
the date of the completion of the reconnaissance study for the project
and ending on the date the draft report of the Chief of Engineers for
the project is made available for public comment. Where the Chief of
Engineers has not initiated a peer review of a project study, the Chief
of Engineers shall consider, at a minimum, whether to initiate a peer
review at the time that--
(1) the without project conditions are identified;
(2) the array of alternatives to be considered are
identified; and
(3) the preferred alternative is identified.
Nothing in this subsection shall be construed to require the Chief of
Engineers to conduct multiple peer reviews for a project study.
(c) Establishment of Panels.--
(1) In general.--For each project study subject to peer
review under subsection (a), as soon as practicable after the
Chief of Engineers determines that a project study will be
subject to peer review, the Chief of Engineers shall contract
with the National Academy of Sciences (or a similar independent
scientific and technical advisory organization), or an eligible
organization, to establish a panel of experts to peer review
the project study for technical and scientific sufficiency.
(2) Membership.--A panel of experts established for a
project study under this section shall be composed of
independent experts who represent a balance of areas of
expertise suitable for the review being conducted.
(3) Limitation on appointments.--An individual may not be
selected to serve on a panel of experts established for a
project study under this section if the individual has a
financial or close professional association with any
organization or group with a strong financial or organizational
interest in the project.
(4) Congressional notification.--Upon identification of a
project study for peer review under this section, but prior to
initiation of any review, the Chief of Engineers shall notify
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives of such review.
(d) Duties of Panels.--A panel of experts established for a peer
review for a project study under this section shall, consistent with
the scope of the referral for review--
(1) conduct a peer review for the project study submitted
to the panel for review;
(2) assess the adequacy and acceptability of the economic
and environmental methods, models, and analyses used by the
Chief of Engineers;
(3) provide timely written and oral comments to the Chief
of Engineers throughout the development of the project study,
as requested; and
(4) submit to the Chief of Engineers a final report
containing the panel's economic, engineering, and environmental
analysis of the project study, including the panel's assessment
of the adequacy and acceptability of the economic and
environmental methods, models, and analyses used by the Chief
of Engineers, to accompany the publication of the project
study.
(e) Duration of Project Study Peer Reviews.--
(1) Deadline.--A panel of experts shall--
(A) complete its peer review under this section for
a project study and submit a report to the Chief of
Engineers under subsection (d)(4) within 180 days after
the date of establishment of the panel, or, if the
Chief of Engineers determines that a longer period of
time is necessary, such period of time established by
the Chief of Engineers, but in no event later than 90
days after the date a draft project study is made
available for public review; and
(B) terminate on the date of submission of the
report.
(2) Failure to meet deadline.--If a panel does not complete
its peer review of a project study under this section and
submit a report to the Chief of Engineers under subsection
(d)(4) on or before the deadline established by paragraph (1)
for the project study, the Chief of Engineers shall continue
the project study for the project that is subject to peer
review by the panel without delay.
(f) Recommendations of Panel.--
(1) Consideration by the chief of engineers.--After
receiving a report on a project study from a panel of experts
under this section and before entering a final record of
decision for the project, the Chief of Engineers shall consider
any recommendations contained in the report and prepare a
written response for any recommendations adopted or not
adopted.
(2) Public availability and transmittal to congress.--After
receiving a report on a project study from a panel of experts
under this section, the Chief of Engineers shall--
(A) make a copy of the report and any written
response of the Chief of Engineers on recommendations
contained in the report available to the public; and
(B) transmit to Congress a copy of the report,
together with any such written response, on the date of
a final report of the Chief of Engineers or other final
decision document for a project study that is subject
to peer review by the panel.
(g) Costs.--
(1) In general.--The costs of a panel of experts
established for a peer review under this section--
(A) shall be a Federal expense; and
(B) shall not exceed $500,000.
(2) Waiver.--The Chief of Engineers may waive the $500,000
limitation contained in paragraph (1)(B) in cases that the
Chief of Engineers determines appropriate.
(h) Applicability.--This section shall apply to--
(1) project studies initiated during the 2-year period
preceding the date of enactment of this Act and for which the
array of alternatives to be considered has not been identified;
and
(2) project studies initiated during the period beginning
on such date of enactment and ending 4 years after such date of
enactment.
(i) Report.--Within 4 1/2 years of the date of enactment of this
section, the Chief of Engineers shall submit a report to Congress on
the implementation of this section.
(j) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to any peer review panel established
under this section.
(k) Savings Clause.--Nothing in this section shall be construed to
affect any authority of the Chief of Engineers to cause or conduct a
peer review of a water resources project existing on the date of
enactment of this section.
(l) Definitions.--In this section, the following definitions apply:
(1) Project study.--The term ``project study'' means a
feasibility study or reevaluation study for a project. The term
also includes any other study associated with a modification or
update of a project that includes an environmental impact
statement, including the environmental impact statement.
(2) Affected state.--The term ``affected State'', as used
with respect to a project, means a State all or a portion of
which is within the drainage basin in which the project is or
would be located and would be economically or environmentally
affected as a consequence of the project.
(3) Eligible organization.--The term ``eligible
organization'' means an organization that--
(A) is described in section 501(c)(3), and exempt
from Federal tax under section 501(a), of the Internal
Revenue Code of 1986;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against
Federal water resources projects; and
(E) has experience in establishing and
administering peer review panels.
SEC. 2034. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) In General.--Notwithstanding section 2361 of title 10, United
States Code, the Secretary is authorized to provide assistance through
contracts, cooperative agreements, and grants to--
(1) the University of Tennessee, Knoxville, Tennessee, for
establishment and operation of the Southeastern Water Resources
Institute to study sustainable development and utilization of
water resources in the Southeastern United States; and
(2) Lewis and Clark Community College, Illinois, for the
Great Rivers National Research and Education Center (including
facilities that have been or will be constructed at one or more
locations in the vicinity of the confluence of the Illinois
River, the Missouri River, and the Mississippi River), a
collaborative effort of Lewis and Clark Community College, the
University of Illinois, the Illinois Department of Natural
Resources and Environmental Sciences, and other entities, for
the study of river ecology, developing watershed and river
management strategies, and educating students and the public on
river issues.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out subsection (a)(1) $5,000,000
and to carry out subsection (a)(2) $5,000,000. Such sums shall remain
available until expended.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. COOK INLET, ALASKA.
(a) Anchorage Harbor.--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 direct the Secretary to establish a
harbor depth of minus 45 feet mean lower low water for a length of
5,200 feet at the modified Port of Anchorage intermodal marine facility
at each phase as such phases are completed and thereafter as the entire
project is completed, at a total cost of $8,175,000. Federal
maintenance shall continue for the existing facility until the modified
facility is completed. Federal maintenance of the modified project
shall be in accordance with such section 101; except that the project
shall be maintained at a depth of minus 45 feet mean lower low water
for such 5,200 feet, at an estimated annual cost of $6,000,000.
(b) Navigation Channel.--The Secretary shall modify the channel
depth to run the entire length of Fire Island Range and Point Woronzof
Range maintaining the same width and modifying the depth to minus 45
feet mean lower low water in the existing Cook Inlet Navigation Channel
approach to Anchorage Harbor, Alaska, at a total cost of $21,525,000.
The project shall be maintained at a depth of minus 45 mean lower low
water, at an estimated annual cost of $3,000,000.
SEC. 3002. 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. 3003. 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. 3004. TATITLEK, ALASKA.
The maximum amount of Federal funds that may be expended for the
project for navigation, Tatitlek, 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. 3005. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606) and modified by section 303 of
the Water Resources Development Act of 1996 (110 Stat. 3711) and
section 302 of the Water Resources Development Act of 2000 (114 Stat.
2600), is further modified to direct the Secretary to use the Mexico
Plan-1st Added Increment, as described in the limited reevaluation
report dated September 13, 2002, to determine the cost allocation and
cost apportionment for the project.
SEC. 3006. GRAND PRAIRIE REGION AND BAYOU METO BASIN, ARKANSAS.
The Secretary shall review the general reevaluation report for the
Bayou Meto basin element of the project for Grand Prairie Region and
Bayou Meto Basin, Arkansas, reauthorized by section 363(a) of the Water
Resources Development Act of 1996 (110 Stat. 3730), and make a
determination of whether the element is feasible, regardless of mission
priorities.
SEC. 3007. SAINT FRANCIS BASIN, ARKANSAS.
The project for flood control, Saint Francis Basin, Missouri and
Arkansas, authorized by section 204 of the Flood Control Act of 1950
(64 Stat. 172), is modified to authorize the Secretary to construct
improvements along Ditch No. 1 that consist of a gated culvert through
the Saint Francis Levee and related channel improvements.
SEC. 3008. 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. 3009. 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. 3010. 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 partnership 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. 3011. 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. 3012. 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. 3013. 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 partnership
agreement for the project if the Secretary determines the work is
integral to the project.
SEC. 3014. 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
partnership 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. 3015. 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 $2,000,000 to enhance
public access to the project.
SEC. 3016. 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 partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3017. 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. 3018. 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 partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3019. 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. 3020. 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 partnership agreement for the project
if the Secretary determines the work is integral to the project.
SEC. 3021. 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. 3022. 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 partnership 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. 3023. 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 partnership
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 3024. 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 partnership 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. 3025. 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. 3026. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.
The project for shore protection, Broward County and Hillsboro
Inlet, Florida, authorized by section 301 of the River and Harbor Act
of 1965 (79 Stat. 1090), and modified by section 311 of the Water
Resources Development Act of 1999 (113 Stat. 301), is further modified
to direct the Secretary to credit toward the non-Federal share of the
cost of the project the cost of mitigation construction and derelict
erosion control structure removal carried out by the non-Federal
interest before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 3027. 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
partnership agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 3028. JACKSONVILLE HARBOR, FLORIDA.
The project for navigation, Jacksonville Harbor, Florida,
authorized by section 101(a)(17) of the Water Resources Development Act
of 1999 (113 Stat. 276), is modified to authorize the Secretary to
extend the navigation features in accordance with the Report of the
Chief of Engineers, dated July 22, 2003, at a total cost of
$14,658,000, with an estimated Federal cost of $9,636,000 and an
estimated non-Federal cost of $5,022,000.
SEC. 3029. 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 in accordance with the feasibility report of October 2002, at a
total cost of $12,632,200, with an estimated Federal cost of $7,882,493
and an estimated non-Federal cost of $4,749,702, and at an estimated
average annual cost of $1,044,400 for periodic nourishment over the 50-
year life of the project, with an estimated annual Federal cost of
$651,706 and an estimated annual non-Federal cost of $392,694.
SEC. 3030. 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 $11,300,000, with an estimated Federal cost of
$8,475,000 and an estimated non-Federal cost of $2,825,000;
(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;
(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 partnership agreement for the
project if the Secretary determines that the work is integral
to the project; and
(4) to authorize the Secretary to carry out the project as
modified at a total cost of $61,500,000.
SEC. 3031. MIAMI HARBOR, FLORIDA.
The project for navigation, Miami Harbor Channel, Florida,
authorized by section 101(a)(9) of the Water Resources Development Act
of 1990 (104 Stat. 4606) and modified by section 315 of the Water
Resources Development Act of 1999 (113 Stat. 302), is further modified
to include as a project purpose environmental mitigation required
before July 18, 2003, by a Federal, State, or local environmental
agency for unauthorized or unanticipated environmental impacts within,
or in the vicinity of, the authorized project.
SEC. 3032. 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 partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3033. 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 partnership agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 3034. TAMPA HARBOR-CUT B, FLORIDA.
The project for navigation, Tampa Harbor, Florida, authorized by
section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is
modified to authorize the Secretary to construct passing lanes in an
area approximately 3.5 miles long and centered on Tampa Bay Cut B if
the Secretary determines that such improvements are necessary for
navigation safety.
SEC. 3035. 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. 3036. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS.
(a) Ongoing Project.--The project for improvement of the quality of
the environment, Chicago Sanitary and Ship Canal, Illinois, being
carried out under section 1135 of the Water Resources Development Act
of 1986 (33 U.S.C. 2309a) to provide for a dispersal barrier for
invasive species, is modified to allow that Federal assistance made
available through other Federal agencies may be used toward payment of
the non-Federal share of the costs of the project.
(b) New Work.--The Secretary shall conduct a study of a project for
the improvement of the quality of the environment, Chicago Sanitary and
Ship Canal, Illinois, and if the Secretary determines that the project
is appropriate, shall carry out a project under section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a), including
upgrades or improvements to the existing barrier for aquatic invasive
species. Federal assistance made available by other Federal agencies
may be used toward payment of the non-Federal share of the cost of the
project.
SEC. 3037. HENNEPIN-HOPPER LAKES, ILLINOIS.
(a) Project Purpose.--The project for flood control, Hennepin
levees, Illinois, authorized by the Flood Control Act of June 26, 1936
(35 Stat. 1583), is modified to add environmental restoration as a
project purpose.
(b) Maximum Amount.--The maximum amount of Federal funds that may
be expended for the project for improvement of the quality of the
environment, Hennepin-Hopper Lakes, Illinois, being carried out under
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a), shall be $7,500,000.
(c) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance under
section 5(a) of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
for other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
SEC. 3038. MISSISSIPPI RIVER AND BIG MUDDY RIVER, ILLINOIS.
(a) In General.--The project for flood control, Mississippi River
and Big Muddy River, Illinois, authorized by the Flood Control Act of
1938, is modified to authorize the Secretary to carry out repair and
rehabilitation of the project at a total cost of $22,600,000, with an
estimated Federal cost of $16,950,000 and an estimated non-Federal cost
of $5,650,000, and to perform operation and maintenance of the project
thereafter.
(b) Other Assistance.--Federal assistance made available through
the Department of Agriculture may be used toward payment of the non-
Federal share of the costs of the repair and rehabilitation under this
section.
(c) United States Lands.--Costs under this section for the repair
and rehabilitation allocable to the protection of lands owned by the
United States shall be a Federal responsibility. The Secretary shall
seek reimbursement from the Secretary of Agriculture for the costs
allocated to protecting lands owned by the Department of Agriculture.
(d) Operation and Maintenance of Non-Federal Lands.--The cost of
operation and maintenance under this section allocated to protecting
non-Federal lands shall be a non-Federal responsibility.
SEC. 3039. SPUNKY BOTTOMS, ILLINOIS.
(a) Project Purpose.--The project for flood control at Spunky
Bottoms, Illinois, authorized by section 5 of the Flood Control Act of
June 26, 1936 (35 Stat. 1584), is modified to add environmental
restoration as a project purpose.
(b) Maximum Amount.--The maximum amount of Federal funds that may
be expended for the project for improvement of the quality of the
environment, Spunky Bottoms, Illinois, being carried out under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a),
shall be $7,500,000.
(c) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance under
section 5(a) of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
for other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
SEC. 3040. EMIQUON, ILLINOIS.
(a) Maximum Amount.--The maximum amount of Federal funds that may
be expended for the project for aquatic ecosystem restoration, Emiquon,
Illinois, being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330), shall be $7,500,000.
(b) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance under
section 5(a) of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
for other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
SEC. 3041. 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 postauthorization 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. 3042. 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 and 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 partnership agreement for the project if the
Secretary determines that the work is integral to the project.
SEC. 3043. 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 partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3044. PRESTONSBURG, KENTUCKY.
The Prestonsburg, 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 for the city of Prestonsburg.
SEC. 3045. 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) and modified by section 116 of Division D of
Public Law 108-7 (117 Stat. 140), is further 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.
SEC. 3046. ATCHAFALAYA BASIN, LOUISIANA.
(a) In General.--Section 315(a)(1) of the Water Resources
Development Act of 2000 (114 Stat. 2603-2604) is amended to read as
follows:
``(1) is authorized to study, design, construct, operate,
and maintain, at Federal expense, a Type A Regional Visitor
Center in the vicinity of Morgan City, Louisiana, in
consultation with the State of Louisiana, to provide
information to the public on the Atchafalaya River system and
other associated waterways that have influenced surrounding
communities, and national and local water resources development
of the Army Corps of Engineers in South Central Louisiana;
and''.
(b) Technical Correction.--Section 315(b) of such Act is amended by
striking ``(a)'' and inserting ``(a)(2)''.
(c) Donations.--Section 315 of such Act is amended by adding at the
end the following:
``(c) Donations.--In carrying out subsection (a)(1), the
Mississippi River Commission is authorized to accept the donation of
cash, funds, lands, materials, and services from non-Federal
governmental entities and nonprofit corporations.''.
SEC. 3047. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The public access feature of the Atchafalaya Basin Floodway System,
Louisiana, project, authorized by the Water Resources Development Act
1986 (100 Stat. 4142), is modified to authorize the Secretary to
acquire from willing sellers the fee interest, exclusive of oil, gas,
and minerals, of an additional 20,000 acres of land within the Lower
Atchafalaya Basin Floodway for the public access feature of the
Atchafalaya Basin Floodway System, to enhance fish and wildlife
resources, at a total cost of $4,000,000.
SEC. 3048. 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.
SEC. 3049. 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. 3050. NEW ORLEANS TO VENICE, LOUISIANA.
The New Orleans to Venice, Louisiana, project for hurricane
protection, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1184), is modified to authorize the Secretary to carry out
the work on the St. Jude to City Price, Upper Reach A back levee. The
Federal share of the cost of such work shall be 70 percent.
SEC. 3051. 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. 3052. CAMP ELLIS, SACO, MAINE.
The maximum amount of Federal funds that may be expended for the
project being carried out under section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i) for the mitigation of shore damages
attributable to the project for navigation, Camp Ellis, Saco, Maine,
shall be $10,000,000.
SEC. 3053. 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. 3054. 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 and to authorize the Secretary to carry out the project in
accordance with the report prepared by the non-Federal interest if the
Secretary determines that the report meets the evaluation and design
standards of the Corps of Engineers and that the project 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 partnership agreement for
the project if the Secretary determines that the work is integral to
the project.
SEC. 3055. 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. 3056. 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 partnership agreement for the project
if the Secretary determines that the work is integral to the project.
SEC. 3057. 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. 3058. 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. 3059. 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) Credit.--The Secretary shall provide credit toward the non-
Federal share of the cost of the project for the costs of design work
carried out before the date of the partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
(c) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $5,000,000.
SEC. 3060. GRAND PORTAGE HARBOR, MINNESOTA.
The Secretary shall provide credit toward the non-Federal share of
the cost of the navigation project for Grand Portage Harbor, Minnesota,
carried out under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) and modified by section 312 of the Water Resources
Development Act of 2000 (114 Stat. 2605), for the costs of design work
carried out before the date of the partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3061. GRANITE FALLS, MINNESOTA.
(a) In General.--The Secretary is directed to implement under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) the
locally preferred plan for flood damage reduction, Granite Falls,
Minnesota, substantially in accordance with the detailed project report
dated 2002, at a total cost of $12,000,000, with an estimated Federal
cost of $8,000,000 and an estimated non-Federal cost of $4,000,000.
(b) Project Financing.--In evaluating and implementing the project
under this section, the Secretary shall allow the non-Federal interests
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 detailed project report evaluation
indicates that applying such section is necessary to implement the
project.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the project the cost of design and construction work carried
out by the non-Federal interest before date of execution of a
partnership agreement for the project if the Secretary determines that
the work is integral to the project.
(d) Maximum Funding.--The maximum amount of Federal funds that may
be expended for the flood damage reduction shall be $8,000,000.
SEC. 3062. MINNEAPOLIS, MINNESOTA.
Section 527 of the Water Resources Development Act of 2000 (114
Stat. 2657) is amended--
(1) in subsection (a) by inserting after ``June 30, 1999''
the following ``, and including Hennepin Island and adjacent
areas on the east side of the Mississippi River''; and
(2) in subsection (c) by striking ``$10,000,000'' and
inserting ``$25,000,000''.
SEC. 3063. 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 include flood
protection for the adjacent and interconnected areas generally known as
the Sampson and Chase/Loring neighborhoods, in accordance with the
Feasibility Report Supplement, Local Flood Protection, Crookston,
Minnesota, 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. 3064. 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. 3065. 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. 3066. 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, 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. 3067. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI.
The project for ecosystem restoration, Deer Island, Harrison
County, Mississippi, being carried out under section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) is modified 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.
SEC. 3068. 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. 3069. SAND CREEK WATERSHED, WAHOO, NEBRASKA.
The project for ecosystem restoration and flood damage reduction,
Sand Creek watershed, Wahoo, Nebraska, authorized by section 101(b)(20)
of the Water Resources Development Act of 2000 (114 Stat. 2578), is
modified--
(1) to direct the Secretary to provide credit toward the
non-Federal share of the cost of the project or reimbursement
for the costs of any work that has been or will be performed by
the non-Federal interest before, on, or after the approval of
the project partnership agreement, including work performed by
the non-Federal interest in connection with the design and
construction of 7 upstream detention storage structures, if the
Secretary determines that the work is integral to the project;
(2) to require that in-kind work to be credited under
paragraph (1) be subject to audit; and
(3) to direct the Secretary to accept advance funds from
the non-Federal interest as needed to maintain the project
schedule.
SEC. 3070. ALAMOGORDO, NEW MEXICO.
The Secretary shall review the general reevaluation report, dated
March 1999, for the project for flood protection, Alamogordo, New
Mexico, authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 85), and determine if the locally preferred flood detention basin
would provide the same level of flood protection for the north side of
the city of Alamogordo at a cost that is not greater than the cost of
authorized channel improvements. If the Secretary determines that the
flood detention basin is feasible, would not provide a lesser level of
flood protection, and can be constructed at the no additional cost, the
Secretary may construct the flood detention basin instead of the
channel improvements. The Federal share of the cost of the flood
detention basin alternative shall be calculated in the same manner as
if the channel improvements project was being constructed.
SEC. 3071. 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 $18,200,000.
SEC. 3072. 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 partnership agreement for the project
if the Secretary determines the work is integral to the project.
SEC. 3073. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY.
The navigation project, 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), is modified--
(1) to authorize the Secretary to allow the non-Federal
interest to construct a temporary dredged material storage
facility to receive dredged material from the project if--
(A) the non-Federal interest submits, in writing, a
list of potential sites for the temporary storage
facility to the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the
Senate, and the Secretary at least 180 days before the
selection of the final site; and
(B) at least 70 percent of the dredged material
generated in connection with the project suitable for
beneficial reuse will be used at sites in the State of
New Jersey to the extent that there are sufficient
sites available; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of
construction of the temporary storage facility if the Secretary
determines that the work is integral to the project.
SEC. 3074. 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. 3075. ARCADIA LAKE, OKLAHOMA.
Payments made by the city of Edmond, Oklahoma, to the Secretary in
October 1999 of all costs associated with present and future water
storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water
Storage Contract Number DACW56-79-C-002 shall satisfy the obligations
of the city under that contract.
SEC. 3076. 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 drawdown 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 drawdown
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 drawdown 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. 3077. FRENCH CREEK, UNION CITY DAM, PENNSYLVANIA.
The project for flood control French Creek, Union City Dam,
Pennsylvania, authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1189), is modified to include recreation as a project
purpose.
SEC. 3078. 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. 3079. 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. 3080. 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. 3081. 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 partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3082. 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. 3083. SOUTH CENTRAL PENNSYLVANIA.
Section 313(h)(2) of the Water Resources Development Act of 1992
(106 Stat. 4847; 109 Stat. 407; 117 Stat. 142) is amended by striking
``Allegheny, Armstrong, Beford, Blair, Cambria, Clearfield, Fayette,
Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Mifflin,
Somerset, Snyder, Washington, and Westmoreland Counties'' and inserting
``Allegheny, Armstrong, Bedford, Blair, Cambria, Fayette, Franklin,
Fulton, Greene, Huntingdon, Indiana, Juniata, Somerset, Washington, and
Westmoreland Counties''.
SEC. 3084. 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. 3085. 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. 3086. CEDAR BAYOU, TEXAS.
(a) In General.--The project for navigation, Cedar Bayou, Texas,
reauthorized by section 349(a)(2) of the Water Resources Development
Act of 2000 (114 Stat. 2632), is modified--
(1) to authorize the Secretary to carry out the project to
a depth of 10 feet by 100 feet wide from mile 2.5 to mile 11 on
Cedar Bayou if the Secretary determines that the project is
feasible; and
(2) 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 for the
project if the Secretary determines that such work is integral
to the project.
(b) Cost Sharing.--Cost sharing for construction and operation and
maintenance of the project shall be determined in accordance with
section 101 of the Water Resources Development Act of 1986 (33 U.S.C.
2211).
SEC. 3087. LAKE KEMP, TEXAS.
(a) In General.--The Secretary may not take any legal or
administrative action seeking to remove a Lake Kemp improvement before
the earlier of January 1, 2020, or the date of any transfer of
ownership of the improvement occurring after the date of enactment of
this Act.
(b) Limitation on Liability.--The United States, or any of its
officers, agents, or assignees, shall not be liable for any injury,
loss, or damage accruing to the owners of a Lake Kemp improvement,
their lessees, or occupants as a result of any flooding or inundation
of such improvements by the waters of the Lake Kemp reservoir, or for
such injury, loss, or damage as may occur through the operation and
maintenance of the Lake Kemp dam and reservoir in any manner.
(c) Lake Kemp Improvement Defined.--In this section, the term
``Lake Kemp improvement'' means an improvement (including dwellings)
located within the flowage easement of Lake Kemp, Texas, below
elevation 1159 feet mean sea level.
SEC. 3088. 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 include as part of the project flood protection
works to reroute drainage to Raymondville Drain constructed by
the non-Federal interests in Hidalgo County in the vicinity
Edinburg, Texas, if the Secretary determines that such work
meets feasibility requirements;
(2) 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 partnership agreement for the
project if the Secretary determines that the work is integral
to the project; and
(3) to direct the Secretary, in calculating the non-Federal
share of the cost of the project, to make a determination
within 180 days after the date of enactment of this Act, 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. 3089. 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. 3090. PROCTOR LAKE, TEXAS.
The Secretary is authorized to convert flowage easements to fee
simple title in the subdivisions of Buffalo Springs and Frees Lakeview,
and adjacent areas, located within the boundaries necessary for the
operation of the Proctor Lake project, Texas, authorized by section 203
of the Flood Control Act of 1954 (68 Stat. 1259), and to purchase all
improved and unimproved properties within such boundaries and to pay
relocation assistance benefits to qualified landowners as applicable
under the provisions of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (42 U.S.C. 4601 et seq.).
SEC. 3091. 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 design and
construction work carried out by the non-Federal interest for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3092. 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. 3093. 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. 3094. 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) and
deepened to 51 feet under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), 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) Non-Federal Work.--The Secretary shall provide credit toward
the non-Federal share of the cost of the project, or reimbursement for,
the cost of work carried out by the non-Federal interest before the
date of the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3095. 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. 3096. 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. 3097. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.
Section 21 of the Water Resources Development Act of 1988 (102
Stat. 4027) is amended--
(1) in subsection (a)--
(A) by striking ``1276.42'' and inserting
``1278.42'';
(B) by striking ``1218.31'' and inserting
``1221.31''; and
(C) by striking ``1234.82'' and inserting
``1235.30''; and
(2) by striking subsection (b) and inserting the following:
``(b) Exception.--The Secretary may operate the headwaters
reservoirs below the minimum or above the maximum water levels
established in subsection (a) in accordance with water control
regulation manuals (or revisions thereto) developed by the Secretary,
after consultation with the Governor of Minnesota and affected tribal
governments, landowners, and commercial and recreational users. The
water control regulation manuals (and any revisions thereto) shall be
effective when the Secretary transmits them to Congress. The Secretary
shall report to Congress at least 14 days before operating any such
headwaters reservoir below the minimum or above the maximum water level
limits specified in subsection (a); except that notification is not
required for operations necessary to prevent the loss of life or to
ensure the safety of the dam or where the drawdown of lake levels is in
anticipation of flood control operations.''.
SEC. 3098. 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); except that the authorized
depth of that portion of the project extending riverward of the
Charles M. Braga, Jr. Memorial Bridge, Fall River and Somerset,
Massachusetts, shall not exceed 35 feet.
(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 5-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. 3099. PROJECT REAUTHORIZATIONS.
Each of the following projects may be carried out by the Secretary
and no construction on any such project may be initiated until the
Secretary determines that the project is feasible:
(1) Menominee harbor and river, michigan and wisconsin.--
The project for navigation, Menominee Harbor and River,
Michigan and Wisconsin, authorized by section 101 of the River
and Harbor Act of 1960 (74 Stat. 482) and deauthorized on April
15, 2002, in accordance with section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(2) Manitowoc harbor, wisconsin.--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).
SEC. 3100. PROJECT DEAUTHORIZATIONS.
(a) In General.--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) Norwalk harbor, connecticut.--The following portions a
10-foot channel of the project for navigation, Norwalk Harbor,
Connecticut, authorized by the first section of the Rivers and
Harbors Appropriations Act of March 2, 1919 (40 Stat. 1276):
(A) An approximate rectangular shaped section along
the northwesterly terminus of the channel. The section
is 35-feet wide and about 460-feet long and is further
described as follows: Commencing at a point
N104,165.85, E417,662.71, thence running south 24
degrees 06 minutes 55 seconds east 395.00 feet to a
point N103,805.32, E417,824.10, thence running south 00
degrees 38 minutes 06 seconds east 87.84 feet to a
point N103,717.49, E417,825.07, thence running north 24
degrees 06 minutes 55 seconds west 480.00 feet, to a
point N104,155.59, E417.628.96, thence running north 73
degrees 05 minutes 25 seconds east 35.28 feet to the
point of origin.
(B) An area having the approximate shape of a
parallelogram along the northeasterly portion of the
channel, southeast of the area described in
subparagraph (A). This area is 20-feet wide and about
260-feet long and is further described as follows:
Commencing at a point N103,855.48, E417,849.99, thence
running south 33 degrees 07 minutes 30 seconds east
133.40 feet to a point N103,743.76, E417,922.89, thence
running south 24 degrees 07 minutes 04 seconds east
127.75 feet to a point N103,627.16, E417,975.09, thence
running north 33 degrees 07 minutes 30 seconds west
190.00 feet to a point N103,786.28, E417,871.26, thence
running north 17 degrees 05 minutes 15 seconds west
72.39 feet to the point of origin.
(3) Chicago river and harbor, chicago, illinois.--Those
portions of the projects for navigation, Chicago River and
Chicago Harbor, Chicago, Illinois, authorized by the River and
Harbor Act of March 3, 1899 (30 Stat. 1129), extending 50 feet
riverward of the existing dock wall on the south side of the
channel from Lake Street to Franklin Street and 25 feet
riverward of the existing dock wall on the south side of the
channel from Franklin Street to Wabash Avenue, and those areas
within 20 feet of the bridge abutments on the south side of the
channel for the length of the protection bridge piers from the
Franklin Street Bridge to the Michigan Avenue Bridge.
(4) Muscatine, iowa.--The Mississippi River at Muscatine,
Iowa project, authorized by section 101 of the River and Harbor
Act of 1950 (64 Stat. 164).
(5) Falmouth harbor, massachusetts.--The portion of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1948
(62 Stat. 1172), beginning at a point along the eastern side of
the inner harbor N200,415.05, E845,307.98, thence running north
25 degrees 48 minutes 54.3 seconds east 160.24 feet to a point
N200,559.20, E845,377.76, thence running north 22 degrees 7
minutes 52.4 seconds east 596.82 feet to a point N201,112.15,
E845,602.60, thence running north 60 degrees 1 minute 0.3
seconds east 83.18 feet to a point N201,153.72, E845,674.65,
thence running south 24 degrees 56 minutes 43.4 seconds west
665.01 feet to a point N200,550.75, E845,394.18 thence running
south 32 degrees 25 minutes 29.0 seconds west 160.76 feet to
the point of origin.
(6) 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.
(7) 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.
(b) Anchorage Area, New London Harbor, Connecticut.--The portion of
the project for navigation, New London Harbor, Connecticut, authorized
by the River and Harbor Appropriations Act of June 13, 1902 (32 Stat.
333), that consists of a 23-foot waterfront channel and that is further
described as beginning at a point along the western limit of the
existing project, N188, 802.75, E779, 462.81, thence running
northeasterly about 1,373.88 feet to a point N189, 554.87, E780,
612.53, thence running southeasterly about 439.54 feet to a point N189,
319.88, E780, 983.98, thence running southwesterly about 831.58 feet to
a point N188, 864.63, E780, 288.08, thence running southeasterly about
567.39 feet to a point N188, 301.88, E780, 360.49, thence running
northwesterly about 1,027.96 feet to the point of origin, shall be
redesignated as an anchorage area.
(c) Norwalk Harbor, Connecticut.--The 10-foot channel portion of
the Norwalk Harbor, Connecticut, navigation project described in
subsection (a)(2) is modified to authorize the Secretary to realign the
channel to include a new section immediately north of the area
described in subsection (a)(2)(B). The new triangular shaped section is
described as follows: Commencing at a point N103,968.35, E417,815.29,
thence running south 17 degrees 05 minutes 15 seconds east 118.09 feet
to a point N103,855.48, E417,849.99, thence running north 33 degrees 07
minutes 30 seconds west 36.76 feet to a point N103,886.27, E417.829.90,
thence running north 10 degrees 05 minutes 26 seconds west 83.37 feet
to the point of origin.
(d) Chicago River and Harbor, Chicago, Illinois.--The projects for
navigation, Chicago River and Chicago Harbor referred to in subsection
(a)(3) are modified to direct the Secretary to redefine the Federal
navigation channel for the North Branch Canal portion extending from
100 feet downstream of the Halsted Street Bridge to 100 feet upstream
of the Division Street Bridge to be no wider than 66 feet.
(e) Additional Deauthorizations.--The following projects are not
authorized after the date of enactment of this Act, except with respect
to any portion of such a project which portion has been completed
before such date or is under construction on such date:
(1) The project for flood damage reduction, Cache Creek
Basin, Clear Lake Outlet Channel, California, authorized by the
Water Resources Development Act of 1986 (Public Law 99-662).
(2) The project for flood control, Goleta and Vicinity,
California, authorized by the Flood Control Act of 1970.
(3) The project to modify the Central and Southern Florida
project to improve water supply to the Everglades National
Park, Florida, authorized by the Flood Control Act of 1954
(Public Law 83-780) and the Flood Control Act of 1968 (Public
Law 90-483).
(4) The project for flood control, Central and Southern
Florida Project, Shingle Creek Basin, Florida, authorized by
the Flood Control Act of 1962.
(5) The project for flood control, Middle Wabash,
Greenfield Bayou, Indiana, authorized by section 10 of the
Flood Control Act of 1946.
(6) The project for flood damage reduction, Lake George,
Hobart, Indiana, authorized by section 602 of the Water
Resources Development Act of 1986 (Public Law 99-662).
(7) The project for flood damage reduction, Green Bay Levee
and Drainage District No. 2, Iowa, authorized by the Water
Resources Development Act of 1986, deauthorized in fiscal year
1991, and reauthorized by the Water Resources Development Act
of 1992 (Public Law 102-580).
(8) The project for flood damage reduction, Hazard,
Kentucky, authorized by section 3 of the Water Resources
Development Act of 1988 (Public Law 100-676) and section 108 of
the Water Resources Development Act of 1990 (Public Law 101-
640).
(9) The recreation portion of the project for flood
control, Taylorsville Lake, Kentucky, authorized by section 203
of the Flood Control Act of 1966.
(10) The project for flood control, West Kentucky
Tributaries, Kentucky, authorized by the Flood Control Acts of
1965 and 1970 and the Water Resources Development Act of 1986.
(11) The project for flood damage reduction, Bayou Cocodrie
and Tributaries, Louisiana, authorized by the Flood Control Act
of 1941 and the Water Resources Development Act of 1974.
(12) The project for flood control, Eastern Rapides and
South-Central Avoyelles Parishes, Louisiana, authorized by the
Flood Control Act of 1970 (Public Law-611).
(13) The project for Red River Waterway, Shreveport,
Louisiana to Daingerfield, Texas, authorized by the River and
Harbor Act of 1968 (Public Law 90-483).
(14) The project for flood damage reduction Brockton,
Massachusetts, authorized by section 401(c) of the Water
Resources Development Act of 1986 (Public Law 99-662).
(15) The project for navigation, Grand Haven Harbor,
Michigan, authorized by section 202 of the Water Resources
Development Act of 1986 (Public Law 99-662).
(16) The project for navigation, Greenville Harbor,
Mississippi, authorized by section 601 of the Water Resources
Development Act of 1986 (Public Law 99-662).
(17) The project for hydropower, Libby Dam, Montana, (Units
6-8), authorized by section 549 of the Water Resources
Development Act of 1996 (Public Law 104-303).
(18) The project for flood damage reduction, Platte River
Flood and Related Streambank Erosion Control, Nebraska,
authorized by section 603 of the Water Resources Development
Act of 1986 (Public Law 99-662).
(19) The project for navigation, Outer Harbor, Buffalo, New
York, authorized by section 110 of the Water Resources
Development Act of 1992.
(20) The project for flood damage reduction, Sugar Creek
Basin, North Carolina and South Carolina, authorized by section
401 of the Water Resources Development Act of 1986 (Public Law
99-662).
(21) The project for flood control and recreation,
Fairfield, Ohio, authorized by section 401(a) of the Water
Resources Development Act of 1986 (Public Law 99-662).
(22) The project for shoreline protection, Maumee Bay, Lake
Erie, Ohio, authorized by section 501(a) of the Water Resources
Development Act of 1986.
(23) The project for flood control and water supply, Parker
Lake, Muddy Boggy Creek, Oklahoma, authorized by the Water
Resources Development Act of 1986 (Public Law 99-662).
(24) The project for the Columbia River, Seafarers
Memorial, Hammond, Oregon, authorized by the Energy and Water
Development Appropriations Act of 1991.
(25) The project for bulkhead repairs, Quonset Point-
Davisville, Rhode Island, authorized by section 571 of the
Water Resources Development Act of 1996.
(26) The project for flood damage reduction, Harris Fork
Creek, Tennessee and Kentucky, authorized by section 102 of the
Water Resources Development Acts of 1976 and 1986.
(27) The project for flood damage reduction, Arroyo
Colorado, Texas, authorized by the Water Resources Development
Act of 1986 (Public Law 99-662).
(28) The project for flood damage reduction, Cypress Creek-
Structural, Texas, authorized by the Water Resources
Development Act of 1988.
(29) The project for flood damage reduction, East Fork
Channel Improvement, Increment 2, East Fork of the Trinity
River, Texas, authorized by the Flood Control Act of 1962.
(30) The project for flood damage reduction, Falfurrias,
Texas, authorized by the Water Resources Development Act of
1988.
(31) The project for bank erosion, Kanawha River,
Charleston, West Virginia, authorized by section 603(f)(13) of
the Water Resources Development Act of 1986 (Public Law 99-
662).
(f) Conditions.--The first sentence of section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is
amended--
(1) by striking ``two years'' and inserting ``year''; and
(2) by striking ``7'' and inserting ``5''.
SEC. 3101. 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) 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''.
(c) 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. 3102. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE
RESTRICTIONS.
(a) Idaho.--
(1) In general.--With respect to each deed listed in
paragraph (2), the reversionary interests and use restrictions
relating to industrial use purposes are extinguished.
(2) Affected deeds.--The deeds with the following county
auditor's file numbers are referred to in paragraph (1):
(A) Auditor's Instrument No. 399218 of Nez Perce
County, Idaho--2.07 acres.
(B) Auditor's Instrument No. 487437 of Nez Perce
County, Idaho--7.32 acres.
(b) Old Hickory Lock and Dam, Cumberland River, Tennessee.--
(1) Release of retained rights, interests, reservations.--
With respect to land conveyed by the Secretary to the Tennessee
Society of Crippled Children and Adults, Incorporated (now
known as ``Easter Seals Tennessee''), at Old Hickory Lock and
Dam, Cumberland River, Tennessee, under section 211 of the
Flood Control Act of 1965 (79 Stat. 1087), the reversionary
interests and the use restrictions relating to recreation and
camping purposes are extinguished.
(2) Instrument of release.--As soon as possible after the
date of enactment of this Act, the Secretary shall execute and
file in the appropriate office a deed of release, amended deed,
or other appropriate instrument effectuating the release of
interests required by paragraph (1).
(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.
SEC. 3103. LAND EXCHANGE, DISPOSAL AND ACQUISITION OF LANDS, ALLATOONA
LAKE, GEORGIA.
(a) Land Exchange.--
(1) In general.--The Secretary may exchange lands above 863
feet in elevation at Allatoona Lake, Georgia, identified in the
Real Estate Design Memorandum prepared by the Mobile district
engineer, April 5, 1996, and approved October 8, 1996, for
lands on the north side of Allatoona Lake that are needed for
wildlife management and for protection of the water quality and
overall environment of Allatoona Lake.
(2) Terms and conditions.--The basis for all land exchanges
under this subsection shall be a fair market appraisal so that
lands exchanged are of equal value.
(b) Disposal and Acquisition of Lands, Allatoona Lake, Georgia.--
(1) In general.--The Secretary may also sell lands above
863 feet in elevation at Allatoona Lake, Georgia, identified in
the memorandum referred to in subsection (a)(1) and may use the
proceeds to pay costs associated with the purchase of lands
needed for wildlife management and for protection of the water
quality and overall environment of Allatoona Lake.
(2) Terms and conditions.--Land sales and purchases to be
conducted under this subsection shall be subject to the
following terms and conditions:
(A) Lands acquired under this subsection shall be
by negotiated purchase from willing sellers only.
(B) The basis for all transactions under the
program shall be a fair market appraisal acceptable to
the Secretary.
(C) The purchasers shall share in the associated
environmental and real estate costs, to include surveys
and associated fees in accordance with the memorandum
referred to in subsection (a)(1).
(D) Any other conditions that the Secretary may
impose.
(c) Repeal.--Section 325 of the Water Resources Development Act of
1992 (106 Stat. 4849) is repealed.
TITLE IV--STUDIES
SEC. 4001. 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. 4002. CHOCTAWHATCHEE, PEA, AND YELLOW RIVERS WATERSHED, ALABAMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, environmental
restoration, recreation, and water supply in the Choctawhatchee, Pea,
and Yellow Rivers watershed, Alabama.
SEC. 4003. 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. 4004. SUSITNA RIVER, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hydropower, recreation, and related purposes
on the Susitna River, Alaska.
SEC. 4005. SEARCY COUNTY, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility of
using Greers Ferry Lake as a water supply source for Searcy County,
Arkansas.
SEC. 4006. 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. 4007. 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. 4008. NAPA RIVER, ST. HELENA, CALIFORNIA.
The Secretary shall conduct a comprehensive study of the Napa River
in the vicinity of St. Helena, California, for the purposes of
improving flood management through reconnecting the river to its
floodplain; restoring habitat, including riparian and aquatic habitat;
improving fish passage and water quality; and restoring native plant
communities. In conducting the study, the Secretary shall review plans
and designs developed by non-Federal interests and shall incorporate
such plans and designs into the Federal study where the Secretary
determines that such plans and designs are consistent with the Federal
interest.
SEC. 4009. 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. 4010. 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. 4011. 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. 4012. 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. 4013. 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. 4014. 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. 4015. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration at the South Fork of
the South Branch of the Chicago River, Chicago, Illinois.
SEC. 4016. 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. 4017. BASTROP-MOREHOUSE PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Bastrop-Morehouse Parish,
Louisiana.
SEC. 4018. 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. 4019. FALL RIVER HARBOR, MASSACHUSETTS.
The Secretary shall conduct a study to determine the feasibility of
deepening that portion of the navigation channel of the navigation
project for Fall River Harbor, Massachusetts and Rhode Island,
authorized by section 101 of the River and Harbor Act of 1968 (82 Stat.
731), seaward of the Charles M. Braga, Jr. Memorial Bridge, Fall River
and Somerset, Massachusetts.
SEC. 4020. 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. 4021. NORTHEAST MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Tennessee-Tombigbee Waterway,
Alabama and Mississippi, to provide water supply for northeast
Mississippi.
SEC. 4022. 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. 4023. 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. 4024. 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. 4025. 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. 4026. TILLAMOOK BAY AND BAR, OREGON.
The Secretary shall conduct under section 216 of the Flood Control
Act of 1970 (84 Stat. 1830) a study of the project for navigation,
Tillamook Bay and Bar, Oregon, authorized by the first section of the
River and Harbor Appropriations Act of July 25, 1912 (37 Stat. 220), to
investigate measures to address dangerous and hazardous wave and ocean
conditions.
SEC. 4027. 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. 4028. 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. 4029. GEORGETOWN AND WILLIAMSBURG COUNTIES, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Georgetown and Williamsburg
Counties, South Carolina, including the viability and practicality of
constructing a desalinization water treatment facility to meet such
water supply needs.
SEC. 4030. 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. 4031. GRAND COUNTY AND MOAB, UTAH.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Grand County and the city
of Moab, Utah, including a review of the impact of current and future
demands on the Spanish Valley Aquifer.
SEC. 4032. 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. 4033. 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. 4034. 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. 4035. 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.
SEC. 4036. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature and
frequency of avian botulism problems in the vicinity of Lake Erie
associated with dredged material disposal sites and shall make
recommendations to eliminate the conditions that result in such
problems.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 5001. 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 and breakwaters 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 or breakwater 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. 5002. 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) Spring Branch watershed, Huntsville, Alabama.
(2) Tuolumne County, California.
(3) Cucamonga basin, Upland, California.
(4) Kinkaid Lake, Jackson County, Illinois.
(5) 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.
(6) Jackson Brook watershed, New Jersey.
(7) 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.
(8) Southampton Creek watershed, Southampton, Pennsylvania.
(9) Unami Creek watershed, Milford Township, Pennsylvania.
(10) Amite River basin, Louisiana.
(11) Iberville Parish, East Atchafalaya River basin,
Louisiana.
(12) Genesee River watershed, New York.
(13) Tonawanda Creek watershed, New York.
(14) Buffalo River watershed, New York.
(15) Eighteenmile Creek watershed, Niagara County, New
York.
(16) Cattaragus Creek watershed, New York.
(17) Oswego River basin, New York.
(18) Red River watershed, Louisiana.
(19) Fountain Creek and tributaries, Colorado.
(20) Schuylkill River watershed, Pennsylvania.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 5003. 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.
(8) Dams in Mountain Lakes Park, Princeton Township, New
Jersey.
(9) State Dam, Auburn, New York.
(10) Candor Dam, Candor, New York.
(b) Special Rule.--The assistance provided under subsection (a) for
State Dam, Auburn, New York, shall be for a project for rehabilitation
in accordance with the report on State Dam Rehabilitation, Owasco Lake
Outlet, New York, dated March 1999, if the Secretary determines that
the project is feasible.
(c) Fern Ridge Dam, Oregon.--It is the sense of Congress that the
Secretary should work to immediately remedy the situation at Fern Ridge
Dam, Oregon, due to the rapid deterioration of the dam.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
SEC. 5004. 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. 5005. 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. 5006. 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) $25,000,000 for the project described in subsection
(c)(23);
``(11) $20,000,000 for the project described in subsection
(c)(25);
``(12) $15,000,000 for the project described in subsection
(c)(26);
``(13) $7,800,000 for the project described in subsection
(c)(27);
``(14) $18,000,000 for the project described in subsection
(c)(31); and
``(15) $30,000,000 for the project described in subsection
(c)(40).''.
SEC. 5007. 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, being
carried out under section 535(a) 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).
(7) Oriskany Wildlife Management Area, Rome, New York,
being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(8) Whitney Point Lake, Otselic River, Whitney Point, New
York, being carried out under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a).
(9) Newton Creek, Bainbridge, New York, being carried out
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(10) Chenango Lake, Chenango County, New York, being
carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(11) Lucas Berg Pit, Worth, Illinois, being carried out as
part of the Calumet-Sag navigation project, authorized by
section 2 of the River and Harbor Act of March 2, 1945 (59
Stat. 19), and modified by the first section of the River and
Harbor Act of July 24, 1946 (60 Stat. 636), and section 109 of
the River and Harbor Act of 1958 (72 Stat. 302).
SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
(a) In General.--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 ecosystem restoration, University Lake,
Baton Rouge, Louisiana.
(3) Project for shoreline protection, Detroit River
Greenway Corridor, Detroit, Michigan.
(4) Project for shoreline stabilization at Egmont Key,
Florida.
(5) Project for environmental restoration, Gwynns Falls,
Maryland.
(b) Special Rule for Egmont Key, Florida.--In carrying out the
project for shoreline stabilization at Egmont Key, Florida, referred to
in subsection (a)(4), the Secretary shall waive any cost share to be
provided by non-Federal interests for any portion of the project that
benefits federally owned property.
(c) Chesapeake, Maryland.--The Secretary shall expedite completion
of the study being carried out under section 535(b) of the Water
Resources Development Act of 1999 (113 Stat. 349) with respect to
additional compensation to the city of Chesapeake, Maryland.
(d) Special Rule for Gwynns Falls, Maryland.--The report on the
project for environmental restoration at Gwynns Falls, Maryland,
referred to in subsection (a)(5), shall be treated as being consistent
and in compliance with the consent decree entered into between the
United States and the Mayor and City Council of Baltimore, Maryland,
filed with the United States District Court for the District of
Maryland on April 26, 2002, and no policy of the Secretary with respect
to work performed under a consent decree shall delay completion of this
report and its submission to Congress.
SEC. 5009. 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. 5010. 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. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
Section 514(g) of the Water Resources Development Act of 1999 (113
Stat. 343; 117 Stat. 142) is amended by striking ``and 2004'' and
inserting ``through 2015''.
SEC. 5012. 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. 5013. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(f)(3)(B) of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22; 114 Stat. 2646) is amended by striking ``50
percent'' and inserting ``100 percent''.
SEC. 5014. 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. 5015. 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. 5016. 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. 5017. PINHOOK CREEK, HUNTSVILLE, ALABAMA.
The Secretary shall design and construct the locally preferred plan
for flood protection at Pinhook Creek, Huntsville, Alabama, under the
authority of 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. 5018. 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. 5019. 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. 5020. FORT YUKON, ALASKA.
The Secretary shall make repairs to the dike at Fort Yukon, Alaska,
so that the dike meets Corps of Engineers standards.
SEC. 5021. 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. 5022. ST. HERMAN AND ST. PAUL HARBORS, 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 and St. Paul Harbors, Kodiak, Alaska, at a Federal cost
of $2,000,000.
SEC. 5023. 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. 5024. HELENA AND VICINITY, ARKANSAS.
The Secretary shall accept as fulfilling the non-Federal cost
sharing responsibilities for the project for flood control, Helena and
Vicinity, Arkansas, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4112), the non-Federal cash
contribution of $568,000 and the lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided by the non-
Federal sponsor as of September 1, 2003, and the Secretary shall not
seek to recover any reimbursement from the non-Federal sponsor related
to advanced payments to, or work performed for, the non-Federal sponsor
under the authority of sections 103 and 104 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213, 2214).
SEC. 5025. 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. 5026. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION PROJECT, ARKANSAS
AND OKLAHOMA.
The McClellan-Kerr Arkansas River navigation and comprehensive
development project, Arkansas and Oklahoma, authorized by the Act
entitled ``An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other purposes'',
approved June 28, 1938 (52 Stat. 1215), and the first section of the
River and Harbor Act of 1946 (60 Stat. 364) and modified by section 108
of the Energy and Water Development Appropriations Act, 1988 (101 Stat.
1329-112), is further modified to authorize a project depth of 12 feet
in the States of Arkansas and Oklahoma.
SEC. 5027. 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. 5028. 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 partnership 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. 5029. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA;
MALLARD SLOUGH, PITTSBURG, CALIFORNIA.
Sections 512 and 514 of the Water Resources Development Act of 2000
(114 Stat. 2650) are each amended by adding at the end the following:
``All planning, study, design, and construction on the project shall be
carried out by the office of the district engineer, San Francisco,
California.''.
SEC. 5030. 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
partnership 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.
``(C) In-kind contributions.--The non-Federal
interest may 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.''; 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. 5031. PLACER AND EL DORADO COUNTIES, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
Placer and El Dorado Counties, California.
(b) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance to improve the
efficiency and use of existing water supplies in Placer and El Dorado
Counties through water and wastewater projects, programs, and
infrastructure.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) 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.
(g) 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.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5032. SACRAMENTO AREA, CALIFORNIA.
Section 219(f)(23) of the Water Resources Development Act of 1992
(106 Stat. 4835-4836; 113 Stat. 336) is amended by striking
``$25,000,000'' and inserting ``$35,000,000''.
SEC. 5033. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
(a) In General.--The Secretary is authorized to transfer title to
the Bascule Bridge, deauthorized by section 347(a)(2) of the Water
Resources Development Act of 2000 (114. Stat. 2618), to the city of
West Sacramento, California, subject to the execution of an agreement
by the Secretary and the city which specifies the terms and conditions
for such transfer. The terms and conditions of the transfer shall
include a provision authorizing the Secretary to participate in the
construction of a replacement bridge following the removal of the
Bascule Bridge.
(b) Authorization of Appropriation.--There is authorized to be
appropriated $5,000,000 for the Secretary to participate in the
construction of a replacement bridge under this section.
SEC. 5034. SAN FRANCISCO, CALIFORNIA.
(a) Pier 70 Wharf 5 Removal and Dredging Project.--
(1) In general.--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.
(2) Authorization of appropriations.--There is authorized
to be appropriated $1,600,000 to carry out this subsection.
(b) Piers 94-96 Repairs Project.--
(1) In general.--The Secretary, in cooperation with the
Port of San Francisco, California, may carry out the project
for repairs to Piers 94-96 in San Francisco, California,
substantially in accordance with the Port's redevelopment plan.
(2) Authorization of appropriation.--There is authorized to
be appropriated $5,000,000 to carry out this subsection.
(c) Capital Improvement Project.--
(1) Establishment of office.--The Secretary shall establish
a centralized office at the office of the district engineer,
San Francisco, California, for the use of all Federal and State
agencies that are or will be involved in issuing permits and
conducting environmental reviews for the capital improvement
project to repair and upgrade the water supply and delivery
system for the city of San Francisco.
(2) Contributions.--The Secretary may use the authority
under section 214 of the Water Resources Development Act of
2000 (33 U.S.C. 2201 note) for the project described in
paragraph (1).
(3) Protection of impartial decisionmaking.--In carrying
out this subsection, the Secretary and the heads of Federal
agencies receiving funds under such section 214 for the project
described in paragraph (1) shall ensure that the use of the
funds accepted under such section for such project will not
impact impartial decisionmaking with respect to the issuance of
permits, either substantively or procedurally, or diminish,
modify, or otherwise affect the statutory or regulatory
authorities of such agencies.
SEC. 5035. 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 and does not
affect the applicability of any Federal statute or regulation
applicable to such parts the day before the date of enactment of this
Act, 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. 5036. SAN PABLO BAY WATERSHED AND SUISUN MARSH ECOSYSTEM
RESTORATION.
(a) San Pablo Bay Watershed, California.--
(1) In general.--The Secretary shall complete work, as
expeditiously as possible, on the ongoing San Pablo Bay
watershed, California, study to determine the feasibility of
opportunities for restoring, preserving and protecting the San
Pablo Bay watershed.
(2) Report.--Not later than March 31, 2008, the Secretary
shall transmit to Congress a report on the results of the
study.
(c) Suisun Marsh, California.--The Secretary shall conduct a
comprehensive study to determine the feasibility of opportunities for
restoring, preserving and protecting the Suisun Marsh, California.
(d) San Pablo and Suisun Bay Marsh Watershed Critical Restoration
Projects.--
(1) In general.--The Secretary may participate in critical
restoration projects that will produce, consistent with Federal
programs, projects, activities, immediate and substantial
ecosystem restoration, preservation and protection benefits in
the following sub-watersheds of the San Pablo and Suisun Bay
Marsh watersheds:
(A) The tidal areas of the Petaluma River, Napa-
Sonoma Marsh.
(B) The shoreline of West Contra Costa County.
(C) Novato Creek.
(D) Suisun Marsh.
(E) Gallinas-Miller Creek.
Participation in such critical restoration projects may include
assistance for planning, design or construction.
(2) Non-federal interests.--Notwithstanding the
requirements of section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b), a nonprofit entity may serve, with the
consent of the affected local government, as a non-Federal
sponsor for a project undertaken pursuant to this section.
(3) Cost sharing.--Before carrying out any project under
this section, the Secretary shall enter into a partnership
agreement with the non-Federal interest that shall require the
non-Federal interest--
(A) to pay 35 percent of the cost of construction
for the project;
(B) to provide any lands, easements, rights-of-way,
dredged material disposal areas and relocations
necessary to carry out the project; and
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the project.
(4) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of construction of a project under
this section--
(A) the value of any lands, easements, rights-of-
way, dredged material disposal areas, or relocations
provided for carrying out the project, regardless of
the date of acquisition;
(B) funds received from the CALFED Bay-Delta
program; and
(C) the cost of the studies, design and
construction work carried out by the non-Federal
interest before the date of execution of a partnership
agreement for the project if the Secretary determines
that the work is integral to the project.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $40,000,000.
SEC. 5037. STOCKTON, CALIFORNIA.
(a) Reevaluation.--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).
(b) Special Rules for Reevaluation.--In conducting the reevaluation
under subsection (a), the Secretary shall not reject a feasibility
determination based on policies of the Corps of Engineers concerning
the frequency of flooding, the drainage area, and the amount of runoff.
(c) Reimbursement.--If the Secretary determines that the elements
referred to subsection (a) are feasible, the Secretary shall reimburse,
subject to appropriations, the non-Federal interest under section 211
of the Water Resources Development Act of 1996 for the Federal share of
the cost of such elements.
SEC. 5038. UPPER KLAMATH BASIN, CALIFORNIA.
(a) Definition of Upper Klamath Basin.--In this section, the term
``Upper Klamath Basin'' means the counties of Klamath, Oregon, and
Siskiyou and Modoc, California.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
the Upper Klamath Basin.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance to improve the
efficiency and use of existing water supplies in the Upper Klamath
Basin through water and wastewater and ecosystem restoration projects,
programs, and infrastructure.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(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 with the consent of the affected local government.
(h) 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.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000. Such sums shall
remain available until expended.
SEC. 5039. CHARLES HERVEY TOWNSHEND BREAKWATER, CONNECTICUT.
The western breakwater for the project for navigation, New Haven
Harbor, Connecticut, authorized by the 1st 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 September 19, 1890 (26 Stat. 426), shall be
known and designated as the ``Charles Hervey Townshend Breakwater''.
SEC. 5040. 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. 5041. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
Section 109(e)(2) of Division B of the Miscellaneous Appropriations
Act, 2001 (enacted into law by Public Law 106-554) (114 Stat. 2763A-
222) is amended by adding at the end the following:
``(C) Credit for work prior to execution of the
partnership agreement.--The Secretary shall credit
toward the non-Federal share of the cost of the project
(i) the cost of construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines
that the work is integral to the project; and (ii) the
cost of land acquisition carried out by the non-Federal
interest for projects to be carried out under this
section.''.
SEC. 5042. LAKE WORTH, FLORIDA.
The Secretary may carry out necessary repairs for the Lake Worth
bulkhead replacement project, West Palm Beach, Florida, at an estimated
total cost of $9,000,000.
SEC. 5043. LAKE LANIER, GEORGIA.
The Secretary may assist local interests with planning, design, and
construction of facilities at the Lake Lanier Olympic Center, Georgia,
in support of the 2003 World Kayaking Championships, at a total cost of
$5,300,000.
SEC. 5044. 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. 5045. RECONSTRUCTION OF ILLINOIS FLOOD PROTECTION PROJECTS.
(a) In General.--The Secretary may participate in the
reconstruction of an eligible flood control project if the Secretary
determines that such reconstruction is not required as a result of
improper operation and maintenance of the project by the non-Federal
interest.
(b) Cost Sharing.--The non-Federal share of the costs for the
reconstruction of a flood control project authorized by this section
shall be the same Federal share that was applicable to construction of
the project. The non-Federal interest shall be responsible for
operation and maintenance and repair of a project for which
reconstruction is undertaken under this section.
(c) Reconstruction Defined.--In this section, the term
``reconstruction'', as used with respect to a project, means addressing
major project deficiencies caused by long-term degradation of the
foundation, construction materials, or engineering systems or
components of the project, the results of which render the project at
risk of not performing in compliance with its authorized project
purposes. In addressing such deficiencies, the Secretary may
incorporate current design standards and efficiency improvements,
including the replacement of obsolete mechanical and electrical
components at pumping stations, if such incorporation does not
significantly change the scope, function, and purpose of the project as
authorized.
(d) Eligible Projects.--The following flood control projects are
eligible for reconstruction under this section:
(1) Wood River Drainage and Levee District, Illinois,
authorized as part of the navigation project of the Upper
Mississippi River basin by section 2 of the Flood Control Act
of June 28, 1938 (52 Stat. 1218).
(2) Clear Creek Drainage and Levee District, Illinois,
authorized by section 5 of the Flood Control Act of June 22,
1936 (49 Stat. 1581).
(3) Fort Chartres and Ivy Landing Drainage District,
Illinois, authorized as part of the navigation project of the
Upper Mississippi River basin by section 2 of the Flood Control
Act of June 22, 1938 (52 Stat. 1218).
(e) Justification.--The reconstruction of a project authorized by
this section shall not be considered a separable element of the
project.
(f) Authorization of Appropriation.--There is authorized to be
appropriated $15,000,000 to carry out this section. Such sums shall
remain available until expended.
SEC. 5046. COOK COUNTY, ILLINOIS.
Section 219(f)(54) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 535; 114 Stat. 2763A-221) is amended--
(1) by striking ``$35,000,000'' and inserting the
following:
``(A) In general.--$35,000,000'';
(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 not to
exceed $80,000 for the cost of planning and design work
carried out by the non-Federal interest before, on, or
after the date of the partnership 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. 5047. 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. 5048. 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. 5049. PEORIA RIVERFRONT DEVELOPMENT, PEORIA, ILLINOIS.
The Secretary may carry out the project for Peoria riverfront
development, Peoria, Illinois, under section 519 of the Water Resources
Development Act of 2000 (114 Stat. 2653-2655), at a total cost of
$16,000,000, with an estimated Federal cost of $10,400,000 and an
estimated non-Federal cost of $5,600,000.
SEC. 5050. ILLINOIS RIVER BASIN RESTORATION.
(a) Extension of Authorization.--Section 519(c)(2) of the Water
Resources Development Act of 2000 (114 Stat. 2654) is amended by
striking ``2004'' and inserting ``2010''.
(b) In-Kind Services.--Section 519(g)(3) of such Act (114 Stat.
2655) is amended by inserting before the period at the end of the first
sentence ``if such services are provided not more than 5 years before
the date of initiation of the project or activity''.
SEC. 5051. SOUTHWEST ILLINOIS.
(a) Definition of Southwest Illinois.--In this section, the term
``Southwest Illinois'' means the counties of Madison, St. Clair,
Monroe, Randolph, Perry, Franklin, Jackson, Union, Alexander, Pulaski,
and Williamson, Illinois.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
Southwest Illinois.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Southwest Illinois, including projects for wastewater
treatment and related facilities, water supply and related facilities,
and surface water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(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.
(h) 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.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5052. 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. 5053. 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. 5054. CUMBERLAND RIVER BASIN, KENTUCKY.
At reservoirs managed by the Secretary within the Cumberland River
basin, Kentucky, the Secretary shall continue to charge fees associated
with storage and maintenance of water supply that were in effect on
October 1, 2002.
SEC. 5055. 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. 5056. NORTH FORK, KENTUCKY RIVER, BREATHITT COUNTY, KENTUCKY.
The Secretary shall rebuild the structure that is impeding high
water flows on the North Fork of the Kentucky River in Breathitt
County, Kentucky, in a manner that will reduce flood damages, at an
estimated total cost of $1,800,000. The non-Federal interest shall
provide lands, easements, rights-of-way, relocations, and disposal
areas required for the project. Operation and maintenance of the
rebuilt structure shall be a non-Federal expense.
SEC. 5057. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act of 1996 (110
Stat. 3774; 113 Stat. 348; 117 Stat. 142) is amended by adding the
following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section for fiscal years 2004 and
thereafter may be used by the Corps of Engineers district offices to
administer projects under this section at 100 percent Federal
expense.''.
SEC. 5058. 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. 5059. 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. 5060. LAKE PONTCHARTRAIN, LOUISIANA.
For purposes of carrying out section 121 of the Federal Water
Pollution Control Act (33 U.S.C. 1271), the Lake Pontchartrain,
Louisiana, basin stakeholders conference convened by the Environmental
Protection Agency, the National Oceanic and Atmospheric Administration,
and United States Geological Survey on February 25, 2002, shall be
treated as being a management conference convened under section 320 of
such Act (33 U.S.C. 1330).
SEC. 5061. 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. 5062. 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. 5063. 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. 5064. 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. 5065. 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. 5066. 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 $5,000,000.
SEC. 5067. CROOKSTON, MINNESOTA.
The Secretary shall conduct a study for a project for emergency
streambank protection in the vicinity of Highway 2, Crookston,
Minnesota, 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); except that the maximum amount of
Federal funds that may be expended for the project shall be $6,500,000.
SEC. 5068. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
(a) Project Description.--Section 219(f)(61) of the Water Resources
Development Act of 1992 (114 Stat. 2763A-221) is amended--
(1) in the paragraph heading by striking ``township'' and
inserting ``and crow wing and mille lacs counties'';
(2) by inserting ``, Crow Wing County, Mille Lacs County,''
after ``Garrison''; and
(3) by adding at the end the following: ``Such assistance
shall be provided directly to the Garrison-Kathio-West Mille
Lacs Lake Sanitary District, Minnesota.''.
(b) Procedures.--In carrying out the project for Garrison and
Kathio Township, Minnesota, authorized by such section 219(f)(61), the
Secretary may use the cost sharing and contracting procedures available
to the Secretary under section 569 of the Water Resources Development
Act of 1999 (113 Stat. 368).
SEC. 5069. 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 that were incurred by the non-Federal
interest with respect to the project before the date of the partnership
agreement for the project and that were in excess of the non-Federal
share of the cost of the project if the Secretary determines that the
costs are appropriate.
SEC. 5070. DESOTO COUNTY, MISSISSIPPI.
Section 219(f)(30) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A-220) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
SEC. 5071. HARRISON, HANCOCK, AND JACKSON COUNTIES, MISSISSIPPI.
In carrying out projects for the protection, restoration, and
creation of aquatic and ecologically related habitats located in
Harrison, Hancock, and Jackson Counties, Mississippi, under section 204
of the Water Resources Development Act of 1992 (33 U.S.C. 2326), the
Secretary shall accept any portion of the non-Federal share of the cost
of the project in the form of services, materials, supplies, and other
in-kind contributions.
SEC. 5072. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS.
As a part of the operation and maintenance of the project for the
Mississippi River (Regulating Works), between the Ohio and Missouri
Rivers, Missouri and Illinois, authorized by the first section of an
Act entitled ``Making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes'', approved June 25, 1910, the Secretary may carry out
activities necessary to restore and protect fish and wildlife habitat
in the middle Mississippi River system. Such activities may include
modification of navigation training structures, modification and
creation of side channels, modification and creation of islands, and
studies and analysis necessary to apply adaptive management principles
in design of future work.
SEC. 5073. 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. 5074. DELAWARE RIVER, TRENTON, NEW JERSEY.
The Secretary shall provide assistance to address floating and
partially submerged debris in that portion of the Delaware River
downstream from Trenton, New Jersey.
SEC. 5075. 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)--
(A) by striking ``design'' and inserting
``planning, design,''; and
(B) 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'';
(C) by striking paragraph (1) and inserting the
following:
``(1) Restoration and acquisitions of significant wetlands
and aquatic habitat that contribute to the Meadowlands
ecosystem.'';
(D) in paragraph (2) by inserting ``and aquatic
habitat'' before the period at the end; and
(E) by striking paragraph (7) and inserting the
following:
``(7) Research, development, and implementation for a water
quality improvement program, including restoration of hydrology
and tidal flows and remediation of hot spots and other sources
of contaminants that degrade existing or planned sites.'';
(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 partnership 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. 5076. 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 the 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. 5077. 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. 5078. 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 partnership
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 5079. GATEWAY POINT, NORTH TONAWANDA, NEW YORK.
The Secretary shall review the shoreline stabilization, recreation,
and public access components of the feasibility report for waterfront
development at Gateway Point, North Tonawanda, New York, entitled
``City of North Tonawanda, Gateway Point Feasibility'', dated February
6, 2003, 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
$3,300,000.
SEC. 5080. 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. 5081. ONONDAGA LAKE, NEW YORK.
Section 573 of the Water Resources Development Act of 1999 (113
Stat. 372-373) is amended--
(1) in subsection (f) by striking ``$10,000,000'' and
inserting ``$30,000,000'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
carried out under this section, a non-Federal sponsor may include a
nonprofit entity, with the consent of the affected local government.''.
SEC. 5082. TIMES BEACH DIKE, BUFFALO, NEW YORK.
As part of operation and maintenance of the Buffalo Harbor and
Buffalo River navigation projects, the Secretary may repair the Times
Beach confined disposal facility dike, Buffalo, New York.
SEC. 5083. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA.
The Secretary shall expedite the completion of the calculations
necessary to negotiate and execute a revised, permanent contract for
water supply storage at John H. Kerr Dam and Reservoir, North Carolina,
among the Secretary and the Kerr Lake Regional Water System and the
city of Henderson, North Carolina.
SEC. 5084. STANLY 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. 5085. CENTRAL RIVERFRONT PARK, CINCINNATI, OHIO.
If the Secretary is authorized to carry out a downtown waterfront
development project for the Central Riverfront Park, Cincinnati, Ohio,
the Secretary shall credit toward the non-Federal share of the cost of
the project the cost of--
(1) design and construction work undertaken by the non-
Federal interest before entering into a partnership agreement
for the project with the Secretary if the Secretary determines
that the work is integral to the project; and
(2) land, easements, rights-of-way, and relocations
provided by the non-Federal interest.
SEC. 5086. 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. 5087. OHIO.
Section 594(g) of the Water Resources Development Act of 1999 (113
Stat. 383) is amended by striking ``$60,000,000'' and inserting
``$90,000,000''.
SEC. 5088. 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. 5089. 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. 5090. 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 Noneconomic Benefits.--In determining the
feasibility of restoring the millrace, the Secretary shall include
noneconomic 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. 5091. 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 multipurpose 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. 5092. 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. 5093. 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. 5094. 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. 5095. 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. 5096. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
Section 567 of the Water Resources Development Act of 1996 (110
Stat. 3787-3788; 114 Stat. 2662-2663) 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 partnership 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. 5097. 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. 5098. 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. 5099. BEAUFORT AND JASPER COUNTIES, SOUTH CAROLINA.
The Secretary may accept from the Department of the Navy, and may
use, not to exceed $23,000,000 to assist the Beaufort Jasper Water and
Sewage Authority, South Carolina, with its plan to consolidate civilian
and military wastewater treatment facilities.
SEC. 5100. COOPER RIVER, SOUTH CAROLINA.
(a) In General.--The Secretary is authorized to provide technical
and financial assistance for the removal of the Grace and Pearman
Bridges over the Cooper River, South Carolina.
(b) Authorization of Appropriation.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5101. 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
``$35,000,000''; and
(2) by inserting ``wastewater treatment and'' before
``water supply''.
SEC. 5102. 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. 5103. 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. 5104. J. PERCY PRIEST DAM AND RESERVOIR, OHIO RIVER BASIN,
TENNESSEE.
The Secretary shall plan, design and construct upgrades to the
existing trail system at the J. Percy Priest Dam and Reservoir, Ohio
River Basin, Tennessee, authorized by section 4 of the Act entitled
``An Act authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes'', approved June
28, 1938 (52 Stat. 1217), including design and construction of support
facilities for public health and safety associated with trail
development. In carrying out such improvements, the Secretary is
authorized to use funds made available by the State of Tennessee from
any Federal or State source, or both.
SEC. 5105. 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. 5106. TOWN CREEK, LENOIR CITY, TENNESSEE.
The Secretary shall design and 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, under the authority of section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), notwithstanding
section 1 of the Flood Control Act of June 22, 1936 (33 U.S.C. 701a; 49
Stat. 1570). The non-Federal share of the cost of the project shall be
subject to section 103(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(a)).
SEC. 5107. EAST TENNESSEE.
(a) Definition of East Tennessee.--In this section, the term ``East
Tennessee'' means the counties of Blount, Knox, Loudon, McMinn, Monroe,
and Sevier, Tennessee.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
East Tennessee.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in East Tennessee, including projects for wastewater treatment
and related facilities, water supply and related facilities, and
surface water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(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 with the consent of the affected local government.
(h) 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.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5108. 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. 5109. CLEAR CREEK AND TRIBUTARIES, HARRIS, GALVESTON, AND BRAZORIA
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, Galveston, and
Brazoria Counties, Texas.
SEC. 5110. HARRIS COUNTY, TEXAS.
Section 575(a) of the Water Resources Development Act of 1996 (110
Stat. 3789; 113 Stat. 311) is amended by inserting before the period at
the end the following: ``, whether or not such works or actions are
partially funded under the hazard mitigation grant program of the
Federal Emergency Management Agency''.
SEC. 5111. 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 partnership 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. 5112. ONION CREEK, TEXAS.
In carrying out the study for the project for flood damage,
reduction, recreation, and ecosystem restoration, Onion Creek, Texas,
the Secretary shall include the costs and benefits associated with the
relocation of flood-prone residences in the study area for the project
during the 2-year period before the initiation of the feasibility study
to the extent the Secretary determines such relocations are compatible
with the project. The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of relocation of such flood-
prone residences incurred by the non-Federal interest before the date
of the partnership agreement for the project if the Secretary
determines that the relocation of such residences is integral to the
project.
SEC. 5113. 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 2003''.
SEC. 5114. FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(113 Stat. 378) is amended by striking ``$12,000,000'' and inserting
``$22,000,000''.
SEC. 5115. 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. 5116. 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. 5117. 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 partnership
agreement for the project if the Secretary determines that the work is
integral to the project.
SEC. 5118. 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. 5119. 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. 5120. BLUESTONE, WEST VIRGINIA.
Section 547 of the Water Resources Development Act of 2000 (114
Stat. 2676-2678) is amended--
(1) in subsection (b)(1)(A) by striking ``4 years'' and
inserting ``5 years'';
(2) in subsection (b)(1)(B)(iii) by striking ``if all'' and
all that follows through ``facility'' and inserting ``assurance
project'';
(3) in subsection (b)(1)(C) by striking ``and
construction'' and inserting ``, construction, and operation
and maintenance'';
(4) by adding at the end of subsection (b) the following:
``(3) Operation and ownership.--The Tri-Cities Power
Authority shall be the owner and operator of the hydropower
facilities referred to in subsection (a).'';
(5) in subsection (c)(1)--
(A) by striking ``No'' and inserting ``Unless
otherwise provided, no'';
(B) by inserting ``planning,'' before ``design'';
and
(C) by striking ``prior to'' and all that follows
through ``subsection (d)'';
(6) in subsection (c)(2) by striking ``design'' and
inserting ``planning, design,'';
(7) in subsection (d)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Approval.--The Secretary shall review the design and
construction activities for all features of the hydroelectric
project that pertain to and affect stability of the dam and
control the release of water from Bluestone Dam to ensure that
the quality of construction of those features meets all
standards established for similar facilities constructed by the
Secretary.'';
(B) by redesignating paragraph (3) as paragraph
(2);
(C) by striking the period at the end of paragraph
(2) (as so redesignated) and inserting ``, except that
hydroelectric power is no longer a project purpose of
the facility. Water flow releases from the hydropower
facilities shall be determined and directed by the
Corps of Engineers.''; and
(D) by adding at the end the following:
``(3) Coordination.--Construction of the hydroelectric
generating facilities shall be coordinated with the dam safety
assurance project currently in the design and construction
phases.'';
(8) in subsection (e) by striking ``in accordance'' and all
that follows through ``58 Stat. 890)'';
(9) in subsection (f)--
(A) by striking ``facility of the interconnected
systems of reservoirs operated by the Secretary'' each
place it appears and inserting ``facilities under
construction under such agreements''; and
(B) by striking ``design'' and inserting
``planning, design'';
(10) in subsection (f)(2)--
(A) by ``Secretary'' each place it appears and
inserting ``Tri-Cities Power Authority''; and
(B) by striking ``facilities referred to in
subsection (a)'' and inserting ``such facilities'';
(11) by striking paragraph (1) of subsection (g) and
inserting the following:
``(1) to arrange for the transmission of power to the
market or to construct such transmission facilities as
necessary to market the power produced at the facilities
referred to in subsection (a) with funds contributed by the
Tri-Cities Power Authority; and'';
(12) in subsection (g)(2) by striking ``such facilities''
and all that follows through ``the Secretary'' and inserting
``the generating facility''; and
(13) by adding at the end the following:
``(i) Tri-Cities Power Authority Defined.--In this section, the
`Tri-Cities Power Authority' refers to the entity established by the
City of Hinton, West Virginia, the City of White Sulphur Springs, West
Virginia, and the City of Philippi, West Virginia, pursuant to a
document entitled `Second Amended and Restated Intergovernmental
Agreement' approved by the Attorney General of West Virginia on
February 14, 2002.''.
SEC. 5121. 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. 5122. 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. 5123. 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. 5124. 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. 5125. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
Section 211(f) of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) is amended by adding at the end the following:
``(9) Buffalo bayou, texas.--The project for flood control,
Buffalo Bayou, Texas.
``(10) Halls bayou, texas.--The project for flood control,
Halls Bayou, Texas.
``(11) St. Paul downtown airport (holman field), st. paul,
minnesota.--The project for flood damage reduction, St. Paul
Downtown Holman Field), St. Paul, Minnesota.''.
SEC. 5126. BRIDGE AUTHORIZATION.
There is authorized to be appropriated $30,000,000 for the
construction of the bridge referred to in section 1001(a)(1).
SEC. 5127. 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) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the
groundwater basin optimization pipeline, Southern Los Angeles
County, California.
``(82) Indianapolis, indiana.--$6,430,000 for environmental
infrastructure for Indianapolis, Indiana.
``(83) Henderson, nevada.--$5,000,000 for wastewater
infrastructure, Henderson, Nevada.
``(84) Sennett, new york.--$1,500,000 for water
infrastructure, Town of Sennett, New York.
``(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.
``(90) Warwick, new york.--$1,200,000 for water storage
capacity restoration, Warwick, New York.
``(91) Kiryas joel, new york.--$20,000,000 for water-
related infrastructure, Kiryas Joel, New York.
``(92) Whittier, california.--$8,000,000 for wastewater and
water-related infrastructure, Whittier, California.
``(93) Anacostia river, district of columbia and
maryland.--$20,000,000 for environmental infrastructure and
resource protection and development to enhance water quality
and living resources in the Anacostia River watershed, District
of Columbia and Maryland.
``(94) Duchesne, iron, and uintah counties, utah.--
$10,000,000 for water-related infrastructure, Duchesne, Iron,
and Uintah Counties, Utah.
``(95) Hancock, harrison, jackson, and pearl river
counties, mississippi.--$5,824,300 for water and wastewater-
related infrastructure, Hancock, Harrison, Jackson, and Pearl
River Counties, Mississippi.
``(96) Placer and el dorado counties, california.--
$35,000,000 to improve the efficiency and use of existing water
supplies in Placer and El Dorado Counties, California, through
water and wastewater projects, programs, and infrastructure.
``(97) Arcadia and sierra madre, california.--$20,000,000
for water-related infrastructure, Arcadia and Sierra Madre,
California.
``(98) El paso county, texas.--$25,000,000 for water-
related infrastructure and resource protection and development,
El Paso County, Texas.
``(99) Atlanta, georgia.--$35,000,000 for implementation of
a sanitary sewer overflow control plan, Atlanta, Georgia.
``(100) Chattahoochee river, georgia.--$20,000,000 for
implementation of wastewater infrastructure and resource
protection to enhance water quality in and adjacent to the
Chattahoochee River, Georgia.
``(101) Lassen, plumas, butte, sierra, and nevada counties,
california.--$25,000,000 to improve the efficiency and use of
existing water supplies in the counties of Lassen, Plumas,
Butte, Sierra, and Nevada, California, through water and waste
water projects, programs, and infrastructure.
``(102) Imperial county, california.--$10,000,000 for
wastewater infrastructure to improve water quality in the New
River, Imperial County, California.
``(103) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for the
Contra Costa Water District, California.''.
SEC. 5128. USE OF FEDERAL HOPPER DREDGE FLEET.
(a) Study.--The Secretary shall conduct a study on the appropriate
use of the Federal hopper dredge fleet.
(b) Contents.--In conducting the study, the Secretary shall--
(1) obtain and analyze baseline data to determine the
appropriate use of the Federal hopper dredge fleet;
(2) prepare a comprehensive analysis of the costs and
benefits of existing and proposed restrictions on the use of
the Federal hopper dredge fleet; and
(3) assess the data and procedure used by the Secretary to
prepare the Government cost estimate for worked performed by
the Federal hopper dredge fleet.
(c) Consultation.--The Secretary shall conduct the study in
consultation with ports, pilots, and representatives of the private
dredge industry.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study.
SEC. 5129. WAGE SURVEYS.
Employees of the United States Army Corps of Engineers who are paid
wages determined under the last undesignated paragraph under the
heading ``Administrative Provisions'' of chapter V of the Supplemental
Appropriations Act, 1982 (5 U.S.C. 5343 note; 96 Stat. 832) shall be
allowed, through appropriate employee organization representatives, to
participate in wage surveys under such paragraph to the same extent as
are prevailing rate employees under subsection (c)(2) of section 5343
of title 5, United States Code. Nothing in such section 5343 shall be
considered to affect which agencies are to be surveyed under such
paragraph.
SEC. 5130. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of Congress that, to the extent
practicable, all equipment and products purchased with funds made
available under this Act should be American made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
Passed the House of Representatives September 24, 2003.
Attest:
JEFF TRANDAHL,
Clerk.