[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2864 Placed on Calendar Senate (PCS)]
Calendar No. 166
109th CONGRESS
1st Session
H. R. 2864
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2005
Received; read twice and placed on the calendar
_______________________________________________________________________
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 2005''.
(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. Non-Federal contributions.
Sec. 2002. Harbor cost sharing.
Sec. 2003. Funding to process permits.
Sec. 2004. National shoreline erosion control development and
demonstration program.
Sec. 2005. Small shore and beach restoration and protection projects.
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. Wildfire firefighting.
Sec. 2022. Credit for nonconstruction services.
Sec. 2023. Technical assistance.
Sec. 2024. Coordination and scheduling of Federal, State, and local
actions.
Sec. 2025. Project streamlining.
Sec. 2026. Lakes program.
Sec. 2027. Mitigation for fish and wildlife losses.
Sec. 2028. Cooperative agreements.
Sec. 2029. Project planning.
Sec. 2030. Independent peer review.
Sec. 2031. Training funds.
Sec. 2032. Access to water resource data.
Sec. 2033. Shore protection projects.
Sec. 2034. Ability to pay.
Sec. 2035. Aquatic ecosystem restoration.
Sec. 2036. Small flood damage reduction projects.
Sec. 2037. Leasing authority.
Sec. 2038. Cost estimates.
Sec. 2039. Studies and reports for water resources projects.
Sec. 2040. Fiscal transparency report.
Sec. 2041. Support of army civil works program.
Sec. 2042. Criteria for operation and maintenance of harbor dredging
projects.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. Cook Inlet, Alaska.
Sec. 3002. King Cove Harbor, Alaska.
Sec. 3003. St. Paul Harbor, St. Paul Island, Alaska.
Sec. 3004. Sitka, Alaska.
Sec. 3005. Tatitlek, Alaska.
Sec. 3006. Grand Prairie Region and Bayou Meto basin, Arkansas.
Sec. 3007. Osceola Harbor, Arkansas.
Sec. 3008. Pine Mountain Dam, Arkansas.
Sec. 3009. Saint Francis Basin, Arkansas.
Sec. 3010. American River Watershed, California.
Sec. 3011. Compton Creek, California.
Sec. 3012. Grayson Creek/Murderer's Creek, California.
Sec. 3013. Hamilton Airfield, California.
Sec. 3014. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 3015. Kaweah River, California.
Sec. 3016. Larkspur Ferry Channel, Larkspur, California.
Sec. 3017. Llagas Creek, California.
Sec. 3018. Los Angeles Harbor, California.
Sec. 3019. Magpie Creek, California.
Sec. 3020. Pacific Flyway Center, Sacramento, California.
Sec. 3021. Pinole Creek, California.
Sec. 3022. Prado Dam, California.
Sec. 3023. Sacramento and American Rivers Flood Control, California.
Sec. 3024. Sacramento Deep Water Ship Channel, California.
Sec. 3025. Sacramento River, Glenn-Colusa, California.
Sec. 3026. Santa Cruz Harbor, California.
Sec. 3027. Seven Oaks Dam, California.
Sec. 3028. Upper Guadalupe River, California.
Sec. 3029. Walnut Creek Channel, California.
Sec. 3030. Wildcat/San Pablo Creek Phase I, California.
Sec. 3031. Wildcat/San Pablo Creek Phase II, California.
Sec. 3032. Yuba River Basin project, California.
Sec. 3033. South Platte River Basin, Colorado.
Sec. 3034. Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland.
Sec. 3035. Brevard County, Florida.
Sec. 3036. Broward County and Hillsboro Inlet, Florida.
Sec. 3037. Canaveral Harbor, Florida.
Sec. 3038. Gasparilla and Estero Islands, Florida.
Sec. 3039. Jacksonville Harbor, Florida.
Sec. 3040. Lido Key Beach, Sarasota, Florida.
Sec. 3041. Miami Harbor, Florida.
Sec. 3042. Peanut Island, Florida.
Sec. 3043. Tampa Harbor-Big Bend Channel, Florida.
Sec. 3044. Tampa Harbor Cut B, Florida.
Sec. 3045. Allatoona Lake, Georgia.
Sec. 3046. Latham River, Glynn County, Georgia.
Sec. 3047. Dworshak Dam and Reservoir improvements, Idaho.
Sec. 3048. Beardstown Community Boat Harbor, Beardstown, Illinois.
Sec. 3049. Cache River Levee, Illinois.
Sec. 3050. Chicago River, Illinois.
Sec. 3051. Chicago Sanitary and Ship Canal, Illinois.
Sec. 3052. Emiquon, Illinois.
Sec. 3053. LaSalle, Illinois.
Sec. 3054. Spunky Bottoms, Illinois.
Sec. 3055. Fort Wayne and vicinity, Indiana.
Sec. 3056. Koontz Lake, Indiana.
Sec. 3057. Little Calumet River, Indiana.
Sec. 3058. White River, Indiana.
Sec. 3059. Des Moines River and Greenbelt, Iowa.
Sec. 3060. Prestonsburg, Kentucky.
Sec. 3061. Amite River and Tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 3062. Atchafalaya Basin, Louisiana.
Sec. 3063. Bayou Plaquemine, Louisiana.
Sec. 3064. Atchafalaya Basin Floodway System, Louisiana.
Sec. 3065. J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana.
Sec. 3066. Mississippi Delta Region, Louisiana.
Sec. 3067. New Orleans to Venice, Louisiana.
Sec. 3068. West bank of the Mississippi River (East of Harvey Canal),
Louisiana.
Sec. 3069. Camp Ellis, Saco, Maine.
Sec. 3070. Union River, Maine.
Sec. 3071. Gwynns Falls Watershed, Baltimore, Maryland.
Sec. 3072. Boston Harbor, Massachusetts.
Sec. 3073. Detroit River Shoreline, Detroit, Michigan.
Sec. 3074. St. Joseph Harbor, Michigan.
Sec. 3075. Sault Sainte Marie, Michigan.
Sec. 3076. Ada, Minnesota.
Sec. 3077. Duluth Harbor, McQuade Road, Minnesota.
Sec. 3078. Grand Portage Harbor, Minnesota.
Sec. 3079. Granite Falls, Minnesota.
Sec. 3080. Knife River Harbor, Minnesota.
Sec. 3081. Red Lake River, Minnesota.
Sec. 3082. Silver Bay, Minnesota.
Sec. 3083. Taconite Harbor, Minnesota.
Sec. 3084. Two Harbors, Minnesota.
Sec. 3085. Deer Island, Harrison County, Mississippi.
Sec. 3086. Pearl River Basin, Mississippi.
Sec. 3087. Festus and Crystal City, Missouri.
Sec. 3088. Monarch-Chesterfield, Missouri.
Sec. 3089. River Des Peres, Missouri.
Sec. 3090. Antelope Creek, Lincoln, Nebraska.
Sec. 3091. Sand Creek watershed, Wahoo, Nebraska.
Sec. 3092. Lower Cape May Meadows, Cape May Point, New Jersey.
Sec. 3093. Passaic River Basin flood management, New Jersey.
Sec. 3094. Buffalo Harbor, New York.
Sec. 3095. Orchard Beach, Bronx, New York.
Sec. 3096. Port of New York and New Jersey, New York and New Jersey.
Sec. 3097. New York State Canal System.
Sec. 3098. Lower Girard Lake Dam, Ohio.
Sec. 3099. Mahoning River, Ohio.
Sec. 3100. Arcadia Lake, Oklahoma.
Sec. 3101. Waurika Lake, Oklahoma.
Sec. 3102. Willamette River temperature control, McKenzie Subbasin,
Oregon.
Sec. 3103. Delaware River, Pennsylvania, New Jersey, and Delaware.
Sec. 3104. Raystown Lake, Pennsylvania.
Sec. 3105. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 3106. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 3107. South Central Pennsylvania.
Sec. 3108. Wyoming Valley, Pennsylvania.
Sec. 3109. Cedar Bayou, Texas.
Sec. 3110. Freeport Harbor, Texas.
Sec. 3111. Johnson Creek, Arlington, Texas.
Sec. 3112. Lake Kemp, Texas.
Sec. 3113. Lower Rio Grande Basin, Texas.
Sec. 3114. North Padre Island, Corpus Christi Bay, Texas.
Sec. 3115. Pat Mayse Lake, Texas.
Sec. 3116. Proctor Lake, Texas.
Sec. 3117. San Antonio Channel, San Antonio, Texas.
Sec. 3118. James River, Virginia.
Sec. 3119. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties,
Virginia.
Sec. 3120. Tangier Island Seawall, Virginia.
Sec. 3121. Duwamish/Green, Washington.
Sec. 3122. Yakima River, Port of Sunnyside, Washington.
Sec. 3123. Greenbrier River Basin, West Virginia.
Sec. 3124. Lesage/Greenbottom Swamp, West Virginia.
Sec. 3125. Northern West Virginia.
Sec. 3126. Manitowoc Harbor, Wisconsin.
Sec. 3127. Mississippi River headwaters reservoirs.
Sec. 3128. Continuation of project authorizations.
Sec. 3129. Project reauthorizations.
Sec. 3130. Project deauthorizations.
Sec. 3131. Land conveyances.
Sec. 3132. Extinguishment of reversionary interests and use
restrictions.
TITLE IV--STUDIES
Sec. 4001. John Glenn Great Lakes Basin program.
Sec. 4002. Lake Erie dredged material disposal sites.
Sec. 4003. Southwestern United States drought study.
Sec. 4004. Upper Mississippi River comprehensive plan.
Sec. 4005. Delaware River.
Sec. 4006. Knik Arm, Cook Inlet, Alaska.
Sec. 4007. Kuskokwim River, Alaska.
Sec. 4008. St. George Harbor, Alaska.
Sec. 4009. Susitna River, Alaska.
Sec. 4010. Gila Bend, Maricopa, Arizona.
Sec. 4011. Searcy County, Arkansas.
Sec. 4012. Dry Creek Valley, California.
Sec. 4013. Elkhorn Slough estuary, California.
Sec. 4014. Fresno, Kings, and Kern Counties, California.
Sec. 4015. Los Angeles River, California.
Sec. 4016. Lytle Creek, Rialto, California.
Sec. 4017. Mokelumne River, San Joaquin County, California.
Sec. 4018. Napa River, St. Helena, California.
Sec. 4019. Orick, California.
Sec. 4020. Rialto, Fontana, and Colton, California.
Sec. 4021. Sacramento River, California.
Sec. 4022. San Diego County, California.
Sec. 4023. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 4024. South San Francisco Bay shoreline study, California.
Sec. 4025. Twentynine Palms, California.
Sec. 4026. Yucca Valley, California.
Sec. 4027. Boulder Creek, Boulder, Colorado.
Sec. 4028. Roaring Fork River, Basalt, Colorado.
Sec. 4029. Delaware and Christina Rivers and Shellpot Creek,
Wilmington, Delaware.
Sec. 4030. Collier County beaches, Florida.
Sec. 4031. Vanderbilt Beach Lagoon, Florida.
Sec. 4032. Meriwether County, Georgia.
Sec. 4033. Tybee Island, Georgia.
Sec. 4034. Kaukonahua-Helemano watershed, Oahu, Hawaii.
Sec. 4035. West Maui, Maui, Hawaii.
Sec. 4036. Boise River, Idaho.
Sec. 4037. Ballard's Island Side Channel, Illinois.
Sec. 4038. Chicago, Illinois.
Sec. 4039. South Branch, Chicago River, Chicago, Illinois.
Sec. 4040. Utica, Illinois.
Sec. 4041. Lake and Porter Counties, Indiana.
Sec. 4042. Salem, Indiana.
Sec. 4043. Buckhorn Lake, Kentucky.
Sec. 4044. Dewey Lake, Kentucky.
Sec. 4045. Louisville, Kentucky.
Sec. 4046. Bastrop-Morehouse Parish, Louisiana.
Sec. 4047. Offshore oil and gas fabrication ports, Louisiana.
Sec. 4048. Vermilion River, Louisiana.
Sec. 4049. West Feliciana Parish, Louisiana.
Sec. 4050. Patapsco River, Maryland.
Sec. 4051. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 4052. Hamburg and Green Oak Townships, Michigan.
Sec. 4053. St. Clair River, Michigan.
Sec. 4054. Duluth-Superior Harbor, Minnesota and Wisconsin.
Sec. 4055. Wild Rice River, Minnesota.
Sec. 4056. Mississippi coastal area, Mississippi.
Sec. 4057. Northeast Mississippi.
Sec. 4058. St. Louis, Missouri.
Sec. 4059. Dredged material disposal, New Jersey.
Sec. 4060. Bayonne, New Jersey.
Sec. 4061. Carteret, New Jersey.
Sec. 4062. Elizabeth River, Elizabeth, New Jersey.
Sec. 4063. Gloucester County, New Jersey.
Sec. 4064. Perth Amboy, New Jersey.
Sec. 4065. Wreck Pond, Monmouth County, New Jersey.
Sec. 4066. Batavia, New York.
Sec. 4067. Big Sister Creek, Evans, New York.
Sec. 4068. East Chester Bay, Turtle Cove, New York.
Sec. 4069. Finger Lakes, New York.
Sec. 4070. Hudson-Raritan Estuary, New York and New Jersey.
Sec. 4071. Lake Erie Shoreline, Buffalo, New York.
Sec. 4072. Newtown Creek, New York.
Sec. 4073. Niagara River, New York.
Sec. 4074. Shore Parkway Greenway, Brooklyn, New York.
Sec. 4075. Upper Delaware River watershed, New York.
Sec. 4076. Lincoln County, North Carolina.
Sec. 4077. Wilkes County, North Carolina.
Sec. 4078. Yadkinville, North Carolina.
Sec. 4079. Cincinnati, Ohio.
Sec. 4080. Euclid, Ohio.
Sec. 4081. Lake Erie, Ohio.
Sec. 4082. Ohio River, Ohio.
Sec. 4083. Sutherlin, Oregon.
Sec. 4084. Tillamook Bay and Bar, Oregon.
Sec. 4085. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 4086. Walla Walla River Basin, Oregon.
Sec. 4087. Chartiers Creek watershed, Pennsylvania.
Sec. 4088. Kinzua Dam and Allegheny Reservoir, Pennsylvania.
Sec. 4089. North Central Pennsylvania.
Sec. 4090. Northampton and Lehigh Counties streams, Pennsylvania.
Sec. 4091. Western Pennsylvania flood damage reduction.
Sec. 4092. Williamsport, Pennsylvania.
Sec. 4093. Yardley Borough, Pennsylvania.
Sec. 4094. Rio Valenciano, Juncos, Puerto Rico.
Sec. 4095. Crooked Creek, Bennettsville, South Carolina.
Sec. 4096. Broad River, York County, South Carolina.
Sec. 4097. Georgetown and Williamsburg Counties, South Carolina.
Sec. 4098. Chattanooga, Tennessee.
Sec. 4099. Cleveland, Tennessee.
Sec. 4100. Cumberland River, Nashville, Tennessee.
Sec. 4101. Lewis, Lawrence, and Wayne Counties, Tennessee.
Sec. 4102. Wolf River and Nonconnah Creek, Memphis Tennessee.
Sec. 4103. Abilene, Texas.
Sec. 4104. Coastal Texas ecosystem protection and restoration, Texas.
Sec. 4105. Fort Bend County, Texas.
Sec. 4106. Harris County, Texas.
Sec. 4107. Johnson Creek, Arlington, Texas.
Sec. 4108. Port of Galveston, Texas.
Sec. 4109. Roma Creek, Texas.
Sec. 4110. Walnut Creek, Texas.
Sec. 4111. Grand County and Moab, Utah.
Sec. 4112. Southwestern Utah.
Sec. 4113. Chowan River Basin, Virginia and North Carolina.
Sec. 4114. James River, Richmond, Virginia.
Sec. 4115. Elliott Bay Seawall, Seattle, Washington.
Sec. 4116. Monongahela River Basin, Northern West Virginia.
Sec. 4117. Kenosha Harbor, Wisconsin.
Sec. 4118. Wauwatosa, Wisconsin.
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. Great Lakes fishery and ecosystem restoration.
Sec. 5013. Great Lakes remedial action plans and sediment remediation.
Sec. 5014. Great Lakes tributary model.
Sec. 5015. Susquehanna, Delaware, and Potomac River Basins.
Sec. 5016. Chesapeake Bay Environmental Restoration and Protection
Program.
Sec. 5017. Chesapeake Bay oyster restoration.
Sec. 5018. Hypoxia assessment.
Sec. 5019. Potomac River Watershed Assessment and Tributary Strategy
Evaluation and Monitoring Program.
Sec. 5020. Lock and dam security.
Sec. 5021. Rehabilitation.
Sec. 5022. Research and development program for Columbia and Snake
River Salmon survival.
Sec. 5023. Wage surveys.
Sec. 5024. Pinhook Creek, Huntsville, Alabama.
Sec. 5025. Tallapoosa, Alabama.
Sec. 5026. Alaska.
Sec. 5027. Barrow, Alaska.
Sec. 5028. Coffman Cove, Alaska.
Sec. 5029. Fire Island, Alaska.
Sec. 5030. Fort Yukon, Alaska.
Sec. 5031. Kotzebue Harbor, Alaska.
Sec. 5032. Lowell Creek Tunnel, Seward, Alaska.
Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 5034. Tanana River, Alaska.
Sec. 5035. Valdez, Alaska.
Sec. 5036. Whittier, Alaska.
Sec. 5037. Wrangell Harbor, Alaska.
Sec. 5038. Augusta and Clarendon, Arkansas.
Sec. 5039. Des Arc levee protection, Arkansas.
Sec. 5040. Loomis Landing, Arkansas.
Sec. 5041. St. Francis River Basin, Arkansas and Missouri.
Sec. 5042. White River basin, Arkansas.
Sec. 5043. Cambria, California.
Sec. 5044. Contra Costa Canal, Oakley and Knightsen, California;
Mallard Slough, Pittsburg, California.
Sec. 5045. Dana Point Harbor, California.
Sec. 5046. East San Joaquin County, California.
Sec. 5047. Eastern Santa Clara Basin, California.
Sec. 5048. LA-3 dredged material ocean disposal site designation,
California.
Sec. 5049. Lancaster, California.
Sec. 5050. Ontario and Chino, California.
Sec. 5051. Pine Flat Dam and Reservoir, California.
Sec. 5052. Raymond Basin, Six Basins, Chino Basin, and San Gabriel
Basin, California.
Sec. 5053. Sacramento deep water ship channel, California.
Sec. 5054. San Francisco, California.
Sec. 5055. San Francisco, California, waterfront area.
Sec. 5056. San Pablo Bay, California, watershed and Suisun Marsh
ecosystem restoration.
Sec. 5057. Santa Venetia, California.
Sec. 5058. Stockton, California.
Sec. 5059. Victor V. Veysey Dam, California.
Sec. 5060. Whittier, California.
Sec. 5061. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 5062. Christina River shipwreck, Delaware.
Sec. 5063. Anacostia River, District of Columbia, Maryland, and
Virginia.
Sec. 5064. Florida Keys water quality improvements.
Sec. 5065. Lake Worth, Florida.
Sec. 5066. Lake Lanier, Georgia.
Sec. 5067. Riley Creek Recreation Area, Idaho.
Sec. 5068. Reconstruction of Illinois flood protection projects.
Sec. 5069. Kaskaskia River Basin, Illinois, restoration.
Sec. 5070. Floodplain mapping, Little Calumet River, Chicago, Illinois.
Sec. 5071. Natalie Creek, Midlothian and Oak Forest, Illinois.
Sec. 5072. Illinois River basin restoration.
Sec. 5073. Promontory Point, Lake Michigan, Illinois.
Sec. 5074. Southwest Illinois.
Sec. 5075. Burns Waterway Harbor, Indiana.
Sec. 5076. Calumet region, Indiana.
Sec. 5077. Floodplain mapping, Missouri River, Iowa.
Sec. 5078. Rathbun Lake, Iowa.
Sec. 5079. Cumberland River basin, Kentucky.
Sec. 5080. Louisville, Kentucky.
Sec. 5081. Mayfield Creek and tributaries, Kentucky.
Sec. 5082. North Fork, Kentucky River, Breathitt County, Kentucky.
Sec. 5083. Paducah, Kentucky.
Sec. 5084. Southern and eastern Kentucky.
Sec. 5085. Winchester, Kentucky.
Sec. 5086. Baton Rouge, Louisiana.
Sec. 5087. Calcasieu Ship Channel, Louisiana.
Sec. 5088. Cross Lake, Shreveport, Louisiana.
Sec. 5089. Lake Pontchartrain, Louisiana.
Sec. 5090. West Baton Rouge Parish, Louisiana.
Sec. 5091. Charlestown, Maryland.
Sec. 5092. Delmarva Conservation Corridor, Maryland and Delaware.
Sec. 5093. Massachusetts dredged material disposal sites.
Sec. 5094. Ontonagon Harbor, Michigan.
Sec. 5095. St. Clair River and Lake St. Clair, Michigan.
Sec. 5096. Crookston, Minnesota.
Sec. 5097. Garrison and Kathio Township, Minnesota.
Sec. 5098. Minneapolis, Minnesota.
Sec. 5099. Northeastern Minnesota.
Sec. 5100. Harrison, Hancock, and Jackson Counties, Mississippi.
Sec. 5101. Mississippi River, Missouri, and Illinois.
Sec. 5102. St. Louis, Missouri.
Sec. 5103. Acid Brook, Pompton Lakes, New Jersey.
Sec. 5104. Hackensack Meadowlands area, New Jersey.
Sec. 5105. Central New Mexico, New Mexico.
Sec. 5106. Atlantic Coast of New York.
Sec. 5107. College Point, New York City, New York.
Sec. 5108. Flushing Bay and Creek, New York City, New York.
Sec. 5109. Hudson River, New York.
Sec. 5110. Mount Morris Dam, New York.
Sec. 5111. Onondaga Lake, New York.
Sec. 5112. John H. Kerr Dam and Reservoir, North Carolina.
Sec. 5113. Stanly County, North Carolina.
Sec. 5114. W. Kerr Scott Dam and Reservoir, North Carolina.
Sec. 5115. Ohio.
Sec. 5116. Toussaint River, Ohio.
Sec. 5117. Eugene, Oregon.
Sec. 5118. John Day Lock and Dam, Lake Umatilla, Oregon and Washington.
Sec. 5119. Lowell, Oregon.
Sec. 5120. Allegheny County, Pennsylvania.
Sec. 5121. Clinton County, Pennsylvania.
Sec. 5122. Lehigh River, Lehigh County, Pennsylvania.
Sec. 5123. Northeast Pennsylvania.
Sec. 5124. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 5125. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 5126. Beaufort and Jasper Counties, South Carolina.
Sec. 5127. East Tennessee.
Sec. 5128. Fritz Landing, Tennessee.
Sec. 5129. J. Percy Priest Dam and Reservoir, Tennessee.
Sec. 5130. Town Creek, Lenoir City, Tennessee.
Sec. 5131. Tennessee River partnership.
Sec. 5132. Upper Mississippi Embayment, Tennessee, Arkansas, and
Mississippi.
Sec. 5133. Bosque River watershed, Texas.
Sec. 5134. Dallas County region, Texas.
Sec. 5135. Dallas Floodway, Dallas, Texas.
Sec. 5136. Harris County, Texas.
Sec. 5137. Onion Creek, Texas.
Sec. 5138. Dyke Marsh, Fairfax County, Virginia.
Sec. 5139. Eastern Shore and southwest Virginia.
Sec. 5140. James River, Virginia.
Sec. 5141. Baker Bay and Ilwaco Harbor, Washington.
Sec. 5142. Hamilton Island campground, Washington.
Sec. 5143. Puget Island, Washington.
Sec. 5144. Willapa Bay, Washington.
Sec. 5145. Bluestone, West Virginia.
Sec. 5146. West Virginia and Pennsylvania flood control.
Sec. 5147. Lower Kanawha River Basin, West Virginia.
Sec. 5148. Central West Virginia.
Sec. 5149. Southern West Virginia.
Sec. 5150. Johnsonville Dam, Johnsonville, Wisconsin.
Sec. 5151. Construction of flood control projects by non-Federal
interests.
Sec. 5152. Use of Federal hopper dredge fleet.
Sec. 5153. Additional assistance for critical projects.
TITLE VI--FLORIDA EVERGLADES
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida.
Sec. 6002. Pilot projects.
Sec. 6003. Maximum cost of projects.
Sec. 6004. Project authorization.
Sec. 6005. Credit.
Sec. 6006. Outreach and assistance.
Sec. 6007. Critical restoration projects.
Sec. 6008. Deauthorizations.
Sec. 6009. Modified water delivery.
TITLE VII--LOUISIANA COASTAL AREA
Sec. 7001. Definitions.
Sec. 7002. Additional Reports.
Sec. 7003. Coastal Louisiana ecosystem protection and restoration task
force.
Sec. 7004. Investigations.
Sec. 7005. Construction.
Sec. 7006. Non-Federal cost share.
Sec. 7007. Project justification.
Sec. 7008. Statutory Construction.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM
Sec. 8001. Definitions.
Sec. 8002. Navigation improvements and restoration.
Sec. 8003. Authorization of construction of navigation improvements.
Sec. 8004. Ecosystem restoration authorization.
Sec. 8005. Comparable progress.
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 Report.--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) Akutan, alaska.--
(A) In general.--The project for navigation,
Akutan, Alaska: Report of the Chief of Engineers dated
December 20, 2004, at a total cost of $19,700,000.
(B) Treatment of certain dredging.--The headlands
dredging for the mooring basin shall be considered a
general navigation feature for purposes of estimating
the non-Federal share of the cost of the project.
(2) Haines small boat harbor, haines, alaska.--The project
for navigation, Haines Small Boat Harbor, Haines, Alaska:
Report of the Chief of Engineers dated December 20, 2004, at a
total of $12,200,000, with an estimated Federal cost of
$9,700,000 and an estimated non-Federal cost of $2,500,000.
(3) 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 $4,978,000, with an estimated Federal cost of $3,236,000 and
an estimated non-Federal cost of $1,742,000.
(4) Va shly' ay akimel, salt river restoration, arizona.--
The project for ecosystem restoration, Va Shly' Ay Akimel, Salt
River, Arizona: Report of the Chief of Engineers dated January
3, 2005, at a total cost of $138,968,000, with an estimated
Federal cost of $90,129,000 and an estimated non-Federal cost
of $48,839,000.
(5) Hamilton city, california.--The project for flood
damage reduction and ecosystem restoration, Hamilton City,
California: Report of the Chief of Engineers dated December 22,
2004, at a total cost of $50,600,000, with an estimated Federal
cost of $33,000,000 and estimated non-Federal cost of
$17,600,000.
(6) Imperial beach, california.--The project for storm
damage reduction, Imperial Beach, California: Report of the
Chief of Engineers, dated December 30, 2003, at a total cost of
$11,862,000, with an estimated Federal cost of $7,592,000 and
an estimated non-Federal cost of $4,270,000, and at an
estimated total cost of $38,004,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $19,002,000 and an estimated non-
Federal cost of $19,002,000.
(7) Matilija dam, ventura county, california.--The project
for ecosystem restoration, Matilija Dam and Ventura River
Watershed, Ventura County, California: Report of the Chief of
Engineers dated December 20, 2004, at a total cost of
$130,335,000, with an estimated Federal cost of $78,973,000 and
an estimated non-Federal cost of $51,362,000.
(8) Middle creek, lake county, california.--The project for
ecosystem restoration and flood damage reduction, Middle Creek,
Lake County, California: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $41,793,000, with an
estimated Federal cost of $27,256,000 and an estimated non-
Federal cost of $14,537,000.
(9) Napa river salt marsh, california.--
(A) In general.--The project for ecosystem
restoration, Napa River Salt Marsh, Nap River,
California: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $100,500,000,
with an estimated Federal cost of $64,000,000 and an
estimated non-Federal cost of $36,500,000.
(B) Project features.--In carrying out the project,
the Secretary shall include construction of a recycled
water pipeline extending from the Sonoma Valley County
Sanitation District Waste Water Treatment Plant and the
Napa Sanitation District Waste Water Treatment Plant as
part of the project and restoration and enhancement of
Salt Ponds 1, 1A, 2, and 3.
(10) 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 $18,824,000, with an
estimated Federal cost of $12,236,000 and an estimated non-
Federal cost of $6,588,000.
(11) Miami harbor, miami-dade county, florida.--
(A) In general.--The project for navigation, Miami
Harbor, Miami-Dade County, Florida: Report of the Chief
of Engineers dated April 25, 2005, at a total cost of
$121,127,000, with an estimated Federal cost of
$64,843,000 and an estimated non-Federal cost of
$56,284,000.
(B) General reevaluation report.--The non-Federal
share of the cost of the general reevaluation report
that resulted in the report of the Chief of Engineers
referred to in subparagraph (A) shall be the same
percentage as the non-Federal share of cost of
construction of the project.
(C) Agreement.--The Secretary shall enter into a
new partnership with the non-Federal interest to
reflect the cost sharing required by subparagraph (B).
(12) East st. louis and vicinity, illinois.--The project
for ecosystem restoration, East St. Louis and vicinity,
Illinois: Report of the Chief of Engineers dated December 22,
2004, at a total cost of $191,158,000, with an estimated
Federal cost of $123,807,000 and an estimated non-Federal cost
of $67,351,000.
(13) 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 $16,000,000, with an estimated Federal cost of $10,400,000
and an estimated non-Federal cost of $5,600,000.
(14) Bayou sorrel lock, louisiana.--The project for
navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief
of Engineers dated January 3, 2005, at a total cost of
$9,000,000. The costs of construction of the project shall be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(15) 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
$788,000,000 with an estimated Federal cost of
$512,200,000 and an estimated non-Federal cost of
$275,800,000.
(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 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.
(16) Swope park industrial area, missouri.--The project for
flood damage reduction, Swope Park Industrial Area, Missouri:
Report of the Chief of Engineers, dated December 30, 2003, at a
total cost of $15,683,000, with an estimated Federal cost of
$10,194,000 and an estimated non-Federal cost of $5,489,000.
(17) Manasquan to barnegat inlet, new jersey.--The project
for hurricane and storm damage reduction, Manasquan to Barnegat
Inlet, New Jersey: Report of the Chief of Engineers dated
December 30, 2003, at a total cost of $65,800,000, with an
estimated Federal cost of $42,800,000 and an estimated non-
Federal cost of $23,000,000, and at an estimated total cost of
$108,000,000 for periodic beach nourishment over the 50-year
life of the project, with an estimated Federal cost of
$54,000,000 and an estimated non-Federal cost of $54,000,000.
(18) 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 $112,623,000, with an estimated
Federal cost of $73,205,000 and an estimated non-Federal cost
of $39,418,000.
(19) Southwest valley, albuquerque, new mexico.--The
project for flood damage reduction, Southwest Valley,
Albuquerque, New Mexico: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $19,494,000, with an
estimated Federal cost of $12,671,000 and an estimated non-
Federal cost of $6,823,000.
(20) 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 $172,940,000, with an estimated Federal cost
of $80,086,000 and an estimated non-Federal cost of
$92,823,000.
(21) Gulf intracoastal waterway, high island to brazos
river, texas.--The project for navigation, Gulf Intracoastal
Waterway, Sabine River to Corpus Christi, Texas: Report of the
Chief of Engineers, dated April 16, 2004, at a total cost of
$13,104,000. 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.
(22) 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 24, 2002, at a total cost of
$15,960,000. 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.
(23) 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 $25,200,000, with an estimated Federal
cost of $10,400,000 and an estimated non-Federal cost
of $14,800,000.
(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.
(24) 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 Federal cost of $35,573,000.
(25) Chehalis river, centralia, washington.--
(A) In general.--The project for flood damage
reduction, Chehalis River, Centralia, Washington:
Report of the Chief of Engineers dated September 27,
2004, at a total cost of $109,850,000, with an
estimated Federal cost of $66,425,000 and an estimated
non-Federal cost of $43,425,000.
(B) Credit.--The Secretary shall--
(i) credit up to $6,500,000 toward the non-
Federal share of the cost of the project for
the cost of planning and design work carried
out by the non-Federal interest in accordance
with the project study plan dated November 28,
1999; and
(ii) 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 before the date of the
partnership agreement for the project if the
Secretary determines that the work is integral
to the project.
(C) Additional flood storage at skookumchuck dam.--
The Secretary shall integrate into the project the
locally preferred plan to provide an additional 9,000
acre-feet of storage capacity at Skookumchuck Dam,
Washington, upon a determination by the Secretary that
providing such additional storage capacity is feasible.
(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, 2005:
(1) Des moines/raccoon rivers, iowa.--The project for flood
damage reduction, Des Moines/Raccoon Rivers, Iowa, at a total
cost of $10,000,000, with an estimated Federal cost of
$6,500,000 and an estimated non-Federal cost of $3,500,000.
(2) Port of iberia, louisiana.--The project for navigation,
Port of Iberia, Louisiana, at a total cost of $194,000,000,
with an estimated Federal cost of $123,000,000 and an estimated
non-Federal cost of $71,000,000.
(3) Hudson-raritan estuary, liberty state park, new
jersey.--The project for environmental restoration, Hudson-
Raritan Estuary, Liberty State Park, New Jersey, at a total
cost of $32,000,000, with an estimated Federal cost of
$20,800,000 and an estimated non-Federal cost of $11,200,000.
(4) Raritan and sandy hook bays, union beach, new jersey.--
The project for hurricane and storm damage reduction, Raritan
and Sandy Hook Bays, Union Beach, New Jersey, at a total cost
of $99,095,000, with an estimated Federal cost of $64,412,000
and an estimated non-Federal cost of $34,683,000.
(5) Hocking river, monday creek sub-basin, ohio.--The
project for environmental restoration, Hocking River, Monday
Creek Sub-basin, Ohio, at a total cost of $20,000,000, with an
estimated Federal cost of $17,000,000 and an estimated non-
Federal cost of $3,000,000.
(6) Pawley's island, south carolina.--The project for
hurricane and storm damage reduction, Pawley's Island, South
Carolina, at a total cost of $8,813,000, with an estimated
Federal cost of $4,133,000 and an estimated non-Federal cost of
$4,680,000.
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) Haleyville, alabama.--Project for flood damage
reduction, Haleyville, Alabama.
(2) Weiss lake, alabama.--Project for flood damage
reduction, Weiss Lake, Alabama.
(3) Chino valley wash, arizona.--Project for flood damage
reduction, Chino Valley Wash, Arizona.
(4) Little colorado river levee, arizona.--Project for
flood damage reduction, Little Colorado River Levee, Arizona.
(5) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River Basin, Grubbs, Arkansas.
(6) Barrel springs wash, palmdale, california.--Project for
flood damage reduction, Barrel Springs Wash, Palmdale,
California.
(7) Borrego springs, california.--Project for flood damage
reduction, Borrego Springs, California.
(8) Colton, california.--Project for flood damage
reduction, Colton, California.
(9) Dunlap stream, san bernardino, california.--Project for
flood damage reduction, Dunlap Stream, San Bernardino,
California.
(10) Hunts canyon wash, palmdale, california.--Project for
flood damage reduction, Hunts Canyon Wash, Palmdale,
California.
(11) Wildwood creek, yucaipa, california.--Project for
flood damage reduction, Wildwood Creek, Yucaipa, California.
(12) Utica and vicinity, illinois.--Project for flood
damage reduction, Utica and vicinity, Illinois.
(13) Salem, massachusetts.--Project for flood damage
reduction, Salem, Massachusetts.
(14) Cass river, michigan.--Project for flood damage
reduction, Cass River, Vassar and vicinity, Michigan.
(15) Crow river, rockford, minnesota.--Project for flood
damage reduction, Crow River, Rockford, Minnesota.
(16) Itasca county, minnesota.--Project for flood damage
reduction, Trout Lake and Canisteo Pit, Itasca County,
Minnesota.
(17) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(18) Roseau river, roseau, minnesota.--Project for flood
damage reduction, Roseau River, Roseau, Minnesota.
(19) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch of
the Wild Rice River, Borup, Minnesota.
(20) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(21) Cannisteo river, addison, new york.--Project for flood
damage reduction, Cannisteo River, Addison, New York.
(22) Cohocton river, campbell, new york.--Project for flood
damage reduction, Cohocton River, Campbell, New York.
(23) Dry and otter creeks, cortland, new york.--Project for
flood damage reduction, Dry and Otter Creeks, Cortland, New
York.
(24) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(25) East valley creek, andover, new york.--Project for
flood damage reduction, East Valley Creek, Andover, New York.
(26) Sunnyside brook, westchester county, new york.--
Project for flood damage reduction, Sunnyside Brook,
Westchester County, New York.
(27) Little yankee run, ohio.--Project for flood damage
reduction, Little Yankee Run, Ohio.
(28) Little neshaminy creek, warrenton, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrenton, Pennsylvania.
(29) Southampton creek watershed, southampton,
pennsylvania.--Project for flood damage reduction, Southampton
Creek watershed, Southampton, Pennsylvania.
(30) Spring creek, lower macungie township, pennsylvania.--
Project for flood damage reduction, Spring Creek, Lower
Macungie Township, Pennsylvania.
(31) Yardley aqueduct, silver and brock creeks, yardley,
pennsylvania.--Project for flood damage reduction, Yardley
Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.
(32) Surfside beach, south carolina.--Project for flood
damage reduction, Surfside Beach and vicinity, South Carolina.
(33) Congelosi ditch, missouri city, texas.--Project for
flood damage reduction, Congelosi Ditch, Missouri City, Texas.
(34) Dilley, texas.--Project for flood damage reduction,
Dilley, Texas.
(b) Special Rules.--
(1) Cache river basin, grubbs, arkansas.--The Secretary may
proceed with the project for the Cache River Basin, Grubbs,
Arkansas, referred to in subsection (a)(5), notwithstanding
that the project is located within the boundaries of the flood
control project, Cache River Basin, Arkansas and Missouri,
authorized by section 204 of the Flood Control Act of 1950, (64
Stat. 172) and modified by section 99 of the Water Resources
Development Act of 1974 (88 Stat. 41).
(2) Wildwood creek, yucaipa, california.--The Secretary
shall review the locally prepared plan for the project for
flood damage, Wildwood Creek, California, referred to in
subsection (a)(11) 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, the Secretary may use
the plan to carry out the project and shall provide credit
toward the non-Federal share of the cost of the project 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.
(3) Borup, minnesota.--In carrying out the project for
flood damage reduction, South Branch of the Wild Rice River,
Borup, Minnesota, referred to in subsection (a)(19) 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.
(4) Itasca county, minnesota.--In carrying out the project
for flood damage reduction, Itasca County, Minnesota, referred
to in subsection (a)(16) the Secretary may consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
(5) Dilley, texas.--The Secretary shall carry out the
project for flood damage reduction, Dilley, Texas, referred to
in subsection (a)(34) if the Secretary determines that the
project is feasible.
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 and louisiana.--
Projects for emergency streambank protection, Ouachita and
Black Rivers, Arkansas and Louisiana.
(2) Franklin point park, anne arundel county, maryland.--
Project for emergency streambank protection, Franklin Point
Park, Anne Arundel County, Maryland.
(3) Mayo beach park, anne arundel county, maryland.--
Project for emergency streambank protection, Mayo Beach Park,
Anne Arundel County, Maryland.
(4) Piney point lighthouse, st. mary's county, maryland.--
Project for emergency streambank protection, Piney Point
Lighthouse, St. Mary's County, Maryland.
(5) St. joseph harbor, michigan.--Project for emergency
streambank protection, St. Joseph Harbor, Michigan.
(6) Pug hole lake, minnesota.--Project for emergency
streambank protection, Pug Hole Lake, Minnesota.
(7) Middle fork grand river, gentry county, missouri.--
Project for emergency streambank protection, Middle Fork Grand
River, Gentry County, Missouri.
(8) Platte river, platte city, missouri.--Project for
emergency streambank protection, Platte River, Platte City,
Missouri.
(9) Rush creek, parkville, missouri.--Project for emergency
streambank protection, Rush Creek, Parkville, Missouri,
including measures to address degradation of the creek bed.
(10) Dry and otter creeks, cortland county, new york.--
Project for emergency streambank protection, Dry and Otter
Creeks, Cortland County, New York.
(11) Keuka lake, hammondsport, new york.--Project for
emergency streambank protection, Keuka Lake, Hammondsport, New
York.
(12) 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.
(13) Owego creek, tioga county, new york.--Project for
emergency streambank protection, Owego Creek, Tioga County, New
York.
(14) Howard road outfall, shelby county, tennessee.--
Project for emergency streambank protection, Howard Road
outfall, Shelby County, Tennessee.
(15) Mitch farm ditch and lateral d, shelby county,
tennessee.--Project for emergency streambank protection, Mitch
Farm Ditch and Lateral D, Shelby County, Tennessee.
(16) Wolf river tributaries, shelby county, tennessee.--
Project for emergency streambank protection, Wolf River
tributaries, Shelby County, Tennessee.
(17) Johnson creek, arlington, texas.--Project for
emergency streambank protection, Johnson Creek, Arlington,
Texas.
(18) Wells river, newbury, vermont.--Project for emergency
streambank protection, Wells River, Newbury, Vermont.
SEC. 1004. SMALL PROJECTS FOR NAVIGATION.
(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 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) Mahukona beach park, hawaii.--Project for navigation,
Mahukona Beach Park, Hawaii.
(3) North kohala harbor, hawaii.--Project for navigation,
North Kohala Harbor in the vicinity of Kailua Kona, Hawaii.
(4) Wailoa small boat harbor, hawaii.--Project for
navigation, Wailoa Small Boat Harbor, Hawaii.
(5) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(6) Port tobacco river and goose creek, maryland.--Project
for navigation, Port Tobacco River and Goose Creek, Maryland.
(7) St. jerome creek, st. mary's county, maryland.--Project
for navigation, St. Jerome Creek, St. Mary's County, Maryland.
(8) East basin, cape cod canal, sandwich, massachusetts.--
Project for navigation, East Basin, Cape Cod Canal, Sandwich,
Massachusetts.
(9) Lynn harbor, lynn, massachusetts.--Project for
navigation, Lynn Harbor, Lynn, Massachusetts.
(10) Merrimack river, haverhill, massachusetts.--Project
for navigation, Merrimack River, Haverhill, Massachusetts.
(11) Oak bluffs harbor, oak bluffs, massachusetts.--Project
for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
(12) Woods hole great harbor, falmouth, massachusetts.--
Project for navigation, Woods Hole Great Harbor, Falmouth,
Massachusetts.
(13) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(14) Traverse city harbor, traverse city, michigan.--
Project for navigation, Traverse City Harbor, Traverse City,
Michigan.
(b) Special Rules.--
(1) Blytheville county harbor, arkansas.--The Secretary
shall carry out the project for navigation, Blytheville County
Harbor, Arkansas, referred to in subsection (a)(1) if the
Secretary determines that the project is feasible.
(2) Traverse city harbor, traverse city, michigan.--The
Secretary shall review the locally prepared plan for the
project for navigation, Traverse City Harbor, Michigan,
referred to in subsection (a)(14), 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, the Secretary may use the plan to carry out the
project and shall provide credit toward the non-Federal share
of the cost of the project 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. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
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 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a):
(1) Ballona creek, los angeles county, california.--Project
for improvement of the quality of the environment, Ballona
Creek, Los Angeles County, California.
(2) Ballona lagoon tide gates, marina del rey,
california.--Project for improvement of the quality of the
environment, Ballona Lagoon Tide Gates, Marina Del Rey,
California.
(3) Rathbun lake, iowa.--Project for improvement of the
quality of the environment, Rathbun Lake, Iowa.
(4) Smithville lake, missouri.--Project for improvement of
the quality of the environment, Smithville Lake, Missouri.
(5) Delaware bay, new jersey and delaware.--Project for
improvement of the quality of the environment, Delaware Bay,
New Jersey and Delaware, for the purpose of oyster restoration.
(6) Tioga-hammond lakes, pennsylvania.--Project for
improvement of the quality of the environment, Tioga-Hammond
Lakes, Pennsylvania.
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) Cypress creek, montgomery, alabama.--Project for
aquatic ecosystem restoration, Cypress Creek, Montgomery,
Alabama.
(2) Ben lomond dam, santa cruz, california.--Project for
aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz,
California.
(3) Dockweiler bluffs, los angeles county, california.--
Project for aquatic ecosystem restoration, Dockweiler Bluffs,
Los Angeles County, California.
(4) Salt river, california.--Project for aquatic ecosystem
restoration, Salt River, California.
(5) Santa rosa creek, santa rosa, california.--Project for
aquatic ecosystem restoration, Santa Rosa Creek in the vicinity
of the Prince Memorial Greenway, Santa Rosa, California.
(6) 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.
(7) 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.
(8) Bayou texar, pensacola, florida.--Project for aquatic
ecosystem restoration, Bayou Texar, Pensacola, Florida.
(9) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(10) Clam bayou and dinkins bayou, sanibel island,
florida.--Project for aquatic ecosystem restoration, Clam Bayou
and Dinkins Bayou, Sanibel Island, Florida.
(11) Destin harbor, florida.--Project for aquatic ecosystem
restoration, Destin Harbor, Florida.
(12) Chattahoochee fall line, georgia and alabama.--Project
for aquatic ecosystem restoration, Chattahoochee Fall Line,
Georgia and Alabama.
(13) Longwood cove, gainesville, georgia.--Project for
aquatic ecosystem restoration, Longwood Cove, Gainesville,
Georgia.
(14) City park, university lakes, louisiana.--Project for
aquatic ecosystem restoration, City Park, University Lakes,
Louisiana.
(15) Mill pond, littleton, massachusetts.--Project for
aquatic ecosystem restoration, Mill Pond, Littleton,
Massachusetts.
(16) Pine tree brook, milton, massachusetts.--Project for
aquatic ecosystem restoration, Pine Tree Brook, Milton,
Massachusetts.
(17) Kalamazoo river watershed, battle creek, michigan.--
Project for aquatic ecosystem restoration, Kalamazoo River
watershed, Battle Creek, Michigan.
(18) Rush lake, minnesota.--Project for aquatic ecosystem
restoration, Rush Lake, Minnesota.
(19) South fork of the crow river, hutchinson, minnesota.--
Project for aquatic ecosystem restoration, South Fork of the
Crow River, Hutchinson, Minnesota.
(20) St. louis county, missouri.--Project for aquatic
ecosystem restoration, St. Louis County, Missouri.
(21) Truckee river, reno, nevada.--Project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, including
features for fish passage.
(22) Grover's mill pond, new jersey.--Project for aquatic
ecosystem restoration, Grover's Mill Pond, New Jersey.
(23) Dugway creek, bratenahl, ohio.--Project for aquatic
ecosystem restoration, Dugway Creek, Bratenahl, Ohio.
(24) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(25) Beaver creek, beaver and salem, pennsylvania.--Project
for aquatic ecosystem restoration, Beaver Creek, Beaver and
Salem, Pennsylvania.
(26) Cementon dam, lehigh river, pennsylvania.--Project for
aquatic ecosystem restoration, Cementon Dam, Lehigh River,
Pennsylvania.
(27) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for aquatic ecosystem restoration,
Delaware River in the vicinity of the Philadelphia Naval
Shipyard, Pennsylvania.
(28) Saucon creek, northampton county, pennsylvania.--
Project for aquatic ecosystem restoration, Saucon Creek,
Northampton County, Pennsylvania.
(29) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(30) Wilson branch, cheraw, south carolina.--Project for
aquatic ecosystem restoration, Wilson Branch, Cheraw, South
Carolina.
(31) White river, bethel, vermont.--Project for aquatic
ecosystem restoration, White River, Bethel, Vermont.
SEC. 1007. SMALL PROJECTS FOR SHORELINE 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 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C.
426g):
(1) Nelson lagoon, alaska.--Project for shoreline
protection, Nelson Lagoon, Alaska.
(2) Sanibel island, florida.--Project for shoreline
protection, Sanibel Island, Florida.
(3) Apra harbor, guam.--Project for shoreline protection,
Apra Harbor, Guam.
(4) Piti, cabras island, guam.--Project for shoreline
protection, Piti, Cabras Island, Guam.
(5) Narrows and gravesend bay, upper new york bay,
brooklyn, new york.--Project for shoreline protection in the
vicinity of the confluence of the Narrows and Gravesend Bay,
Upper New York Bay, Shore Parkway Greenway, Brooklyn, New York.
(6) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for shoreline protection, Delaware River
in the vicinity of the Philadelphia Naval Shipyard,
Pennsylvania.
(7) Port aransas, texas.--Project for shoreline protection,
Port Aransas, Texas.
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. 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. 2002. 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 October 1, 2003.
(e) Revision of Partnership Agreement.--The Secretary shall revise
any partnership agreement entered into after October 1, 2003, for any
project to which the amendments made by subsections (a), (b), and (c)
apply to take into account the change in non-Federal participation in
the project as a result of such amendments.
SEC. 2003. FUNDING TO PROCESS PERMITS.
Section 214 of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836) is amended--
(1) in subsection (a) by striking ``In fiscal years 2001
through 2005, the'' and inserting ``The''; and
(2) by adding at the end the following:
``(c) Duration of Authority.--The authority provided under this
section shall be in effect from October 1, 2000, through December 31,
2007.''.
SEC. 2004. 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. 2005. SMALL SHORE AND BEACH RESTORATION AND PROTECTION PROJECTS.
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), is amended by
striking ``$3,000,000'' and inserting ``$5,000,000''.
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 an 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 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.--A goal of agreements entered into under
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5(b)) shall be to further partnership and cooperative
arrangements, and the agreements 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 considered 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 considered as a
reference to a cooperation agreement or a project cooperation
agreement, respectively.
(e) Delegation of Authority.--Not later than September 30, 2006,
the Secretary shall issue policies and guidelines for partnership
agreements that delegate 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) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, and every year thereafter, the Secretary shall
submit to Congress a report detailing the following:
(1) the number of partnership agreements signed by district
engineers and the number of partnership agreements signed by
the Secretary, and
(2) for any partnership agreement signed by the Secretary,
an explanation of why delegation to the district engineer was
not appropriate.
(g) 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 2006 through 2010.
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, 2006, 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, 2006, 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. The
Secretary shall also ensure that such compilations are available
through electronic means, including the Internet.
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 one 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 sediment obtained in connection with the
construction, operation, or maintenance of an authorized water
resources 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 one or more of the purposes of protection, restoration, or creation
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 water resources project in the most cos- effective way,
consistent with economic, engineering, and environmental criteria.
``(g) Selection of Sediment Disposal Method.--In developing and
carrying out a water resources project involving the disposal of
sediment, 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 subsections
(d) and (f).
``(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 sediment obtained in
conjunction with the construction, operation, or maintenance of water
resources projects, including potential beneficial uses of sediment 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.
``(k) Use of Funds.--
``(1) Non-federal interest.--The non-Federal interest for a
project described in this section may use, and the Secretary
shall accept, funds provided under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of the
cost of such project if such funds are authorized to be used to
carry out such project.
``(2) Other federal agencies.--The non-Federal share of the
cost of construction of a project under this section may be met
through contributions from a Federal agency made directly to
the Secretary, with the consent of the affected local
government, if such funds are authorized to be used to carry
out such project. Before initiating a project to which this
paragraph applies, the Secretary shall enter into an agreement
with a non-Federal interest in which the non-Federal interest
agrees to pay 100 percent of the cost of operation,
maintenance, replacement, and rehabilitation of the project.''.
(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 the following:
(1) A project at Little Rock Slackwater Harbor, Arkansas.
(2) A project at Egmont Key, Florida.
(3) A project in the vicinity of Calcasieu Ship Channel,
Louisiana.
(4) A project in the vicinity of the Smith Point Park
Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(5) A project in the vicinity of Morehead City, North
Carolina.
(6) A project in the vicinity of Galveston Bay, Texas.
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.
``(a) In General.--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.
``(b) Use of Funds.--The non-Federal interest for a study or
project for an area described in subsection (a) may use, and the
Secretary shall accept, funds provided under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of such study or
project if such funds are authorized to be used to carry out such study
or project.''.
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)--
(A) by striking ``During fiscal years 1999 through
2002, the'' and inserting ``The''; and
(B) by striking ``$34,000,000'' and inserting
``$42,000,000''; 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) Tuscarawas River Basin, Ohio;
``(7) Sauk River Basin, Snohomish and Skagit Counties,
Washington;
``(8) Niagara River Basin, New York; and
``(9) Genesee River Basin, New York.'';
(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.
(a) Scope.--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''.
(b) Authorization of Appropriations.--Section 203(e) of such Act is
amended by striking ``2006'' and inserting ``2010''.
SEC. 2021. 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. 2022. 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
carrying out 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 integral to the
project.
SEC. 2023. TECHNICAL ASSISTANCE.
Section 22 of the 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 (b)(2) by striking ``Up to 1/2 of the''
and inserting ``The'';
(5) in subsection (c) by striking ``(c) There is'' and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(6) in subsection (c)(1) (as designated by paragraph (5))--
(A) by striking ``the provisions of this section''
and inserting ``subsection (a)(1);''; and
(B) by striking ``$500,000'' and inserting
``$1,000,000'';
(7) 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.'';
(8) by redesignating subsection (d) as subsection (e); and
(9) by inserting after subsection (c) the following:
``(d) Annual Submission of Proposed Activities.--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
Environment and Public Works of the Senate a report describing the
individual activities proposed for funding under subsection (a)(1) for
that fiscal year.''.
SEC. 2024. 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, storm damage reduction, ecosystem 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, storm damage reduction,
ecosystem 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. 2025. 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. 2026. 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) McCarter Pond, Borough of Fairhaven, New Jersey,
removal of silt and measures to address water quality;
``(22) Rogers Pond, Franklin Township, New Jersey, removal
of silt and restoration of structural integrity;
``(23) Greenwood Lake, New York and New Jersey, removal of
silt and aquatic growth;
``(24) Lake Rodgers, Creedmoor, North Carolina, removal of
silt and excessive nutrients and restoration of structural
integrity; and
``(25) Lake Luxembourg, Pennsylvania.''.
SEC. 2027. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) Mitigation Plan Contents.--Section 906(d) of the Water
Resources Development Act of 1986 (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.''.
(b) 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 Environment
and Public Works of the Senate a report on the status of
construction of projects that require mitigation under section
906 of the Water Resources Development Act of 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. 2028. 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. 2029. PROJECT PLANNING.
(a) Determination of Certain National Benefits.--
(1) Sense of congress.--It is the sense of Congress that,
consistent with the Economic and Environmental Principles and
Guidelines for Water and Related Land Resources Implementation
Studies (1983), the Secretary may select a water resources
project alternative that does not maximize net national
economic development benefits or net national ecosystem
restoration benefits if there is an overriding reason based on
other Federal, State, local, or international concerns.
(2) Flood damage reduction, navigation, and hurricane storm
damage reduction projects.--With respect to a water resources
project the primary purpose of which is flood damage reduction,
navigation, or hurricane and storm damage reduction, an
overriding reason for selecting a plan other than the plan that
maximizes net 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.
(3) Ecosystem restoration projects.--With respect to a
water resources project the primary purpose of which is
ecosystem restoration, an overriding reason for selecting a
plan other than the plan that maximizes net national ecosystem
restoration 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 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 additional
measures, 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 additional measures, a separate
project, or separable project element to achieve those
benefits.
(3) Rules applicable to certain measures, projects, and
elements.--Any additional measures, separate project, or
separable element identified under paragraph (1) or (2) and
recommended for construction shall not be considered integral
to the underlying project and, if authorized, shall be subject
to a separate partnership agreement, unless a non-Federal
interest agrees to share in the cost of the additional
measures, project, or separable element.
(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. 2030. 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. 2031. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals not employed
by the Department of the Army in training classes and courses offered
by the Corps of Engineers in any case in which the Secretary determines
that it is in the best interest of the Federal Government to include
those individuals as participants.
(b) Expenses.--
(1) In general.--An individual not employed by the
Department of the Army attending a training class or course
described in subsection (a) shall pay the full cost of the
training provided to the individual.
(2) Payments.--Payments made by an individual for training
received under paragraph (1), up to the actual cost of the
training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriation or
account used for paying training costs; and
(C) shall be available for use by the Secretary,
without further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph
(2) that are in excess of the actual cost of training provided
shall be credited as miscellaneous receipts to the Treasury of
the United States.
SEC. 2032. ACCESS TO WATER RESOURCE DATA.
(a) In General.--The Secretary shall carry out a program to provide
public access to water resource and related water quality data in the
custody of the Corps of Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in
water resources project development and regulation under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year.
SEC. 2033. SHORE PROTECTION PROJECTS.
(a) In General.--In accordance with the Act of July 3, 1930 (33
U.S.C. 426), and notwithstanding administrative actions, it is the
policy of the United States to promote beach nourishment for the
purposes of flood damage reduction and hurricane and storm damage
reduction and related research that encourage the protection,
restoration, and enhancement of sandy beaches, including beach
restoration and periodic beach renourishment for a period of 50 years,
on a comprehensive and coordinated basis by the Federal Government,
States, localities, and private enterprises.
(b) Preference.--In carrying out the policy, preference shall be
given to--
(1) areas in which there has been a Federal investment of
funds for the purposes described in subsection (a); and
(2) areas with respect to which the need for prevention or
mitigation of damage to shores and beaches is attributable to
Federal navigation projects or other Federal activities.
(c) Applicability.--The Secretary shall apply the policy to each
shore protection and beach renourishment project (including shore
protection and beach renourishment projects constructed before the date
of enactment of this Act).
SEC. 2034. ABILITY TO PAY.
(a) Criteria and Procedures.--Section 103(m)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by
striking ``180 days after such date of enactment'' and inserting
``August 31, 2005''.
(b) Projects.--The Secretary shall apply the criteria and
procedures referred to in section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) to the following projects:
(1) St. johns bayou and new madrid floodway, missouri.--The
project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4118).
(2) 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).
(3) West virginia and pennsylvania projects.--The projects
for flood control authorized by section 581 of the Water
Resources Development Act of 1996 (110 Stat. 3790-3791).
SEC. 2035. AQUATIC ECOSYSTEM RESTORATION.
Section 206(e) of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended by striking ``$25,000,000'' and inserting
``$40,000,000''.
SEC. 2036. SMALL FLOOD DAMAGE REDUCTION PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by striking ``$50,000,000'' and inserting ``$60,000,000''.
SEC. 2037. LEASING AUTHORITY.
Section 4 of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
other purposes'', approved December 22, 1944 (16 U.S.C. 460d) is
amended--
(1) by inserting ``federally-recognized Indian tribes and''
before ``Federal'' the first place it appears;
(2) by inserting ``Indian tribes or'' after
``considerations, to such''; and
(3) by inserting ``federally-recognized Indian tribe''
after ``That in any such lease or license to a''.
SEC. 2038. COST ESTIMATES.
The estimated Federal and non-Federal costs of projects authorized
to be carried out by the Secretary before, on, or after the date of
enactment of this Act are for informational purposes only and shall not
be interpreted as affecting the cost sharing responsibilities
established by law.
SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS.
(a) Studies.--
(1) Cost-sharing requirements.--Section 105(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)) is
amended by adding at the end the following:
``(3) Detailed project reports.--The requirements of this
subsection that apply to a feasibility study also shall apply
to a study that results in a detailed project report, except
that--
``(A) the first $100,000 of the costs of a study
that results in a detailed project report shall be a
Federal expense; and
``(B) paragraph (1)(C)(ii) shall not apply to such
a study.''.
(2) Planning and engineering.--Section 105(b) of such Act
(33 U.S.C. 2215(b)) is amended by striking ``authorized by this
Act''.
(3) Definitions.--Section 105 of such Act (33 U.S.C. 2215)
is amended by adding at the end the following:
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Detailed project report.--The term `detailed project
report' means a report for a project not specifically
authorized by Congress in law or otherwise that determines the
feasibility of the project with a level of detail appropriate
to the scope and complexity of the recommended solution and
sufficient to proceed directly to the preparation of contract
plans and specifications. The term includes any associated
environmental impact statement and mitigation plan. For a
project for which the Federal cost does not exceed $1,000,000,
the term includes a planning and design analysis document.
``(2) Feasibility study.--The term `feasibility study'
means a study that results in a feasibility report under
section 905, and any associated environmental impact statement
and mitigation plan, prepared by the Corps of Engineers for a
water resources project. The term includes a study that results
in a project implementation report prepared under title VI of
the Water Resources Development Act of 2000 (114 Stat. 2680-
2694), a general reevaluation report, and a limited
reevaluation report.''.
(b) Reports.--
(1) Preparation.--Section 905(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(a); 100 Stat. 4185) is
amended--
(A) by striking ``(a) In the case of any'' and
inserting the following:
``(a) Preparation of Reports.--
``(1) In general.--In the case of any'';
(B) by striking ``the Secretary, the Secretary
shall'' and inserting ``the Secretary that results in
recommendations concerning a project or the operation
of a project and that requires specific authorization
by Congress in law or otherwise, the Secretary shall
perform a reconnaissance study and'';
(C) by striking ``Such feasibility report'' and
inserting the following:
``(2) Contents of feasibility reports.--A feasibility
report'';
(D) by striking ``The feasibility report'' and
inserting ``A feasibility report''; and
(E) by striking the last sentence and inserting the
following:
``(3) Applicability.--This subsection shall not apply to--
``(A) any study with respect to which a report has
been submitted to Congress before the date of enactment
of this Act;
``(B) any study for a project, which project is
authorized for construction by this Act and is not
subject to section 903(b);
``(C) any study for a project which does not
require specific authorization by Congress in law or
otherwise; and
``(D) general studies not intended to lead to
recommendation of a specific water resources project.
``(4) Feasibility report defined.--In this subsection, the
term `feasibility report' means each feasibility report, and
any associated environmental impact statement and mitigation
plan, prepared by the Corps of Engineers for a water resources
project. The term includes a project implementation report
prepared under title VI of the Water Resources Development Act
of 2000 (114 Stat. 2680-2694), a general reevaluation report,
and a limited reevaluation report.''.
(2) Projects not specicially authorized by congress.--
Section 905 of such Act is further amended--
(A) in subsection (b) by inserting ``Reconnaissance
Studies.--'' before ``Before initiating'';
(B) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively;
(C) by inserting after subsection (b) the
following:
``(c) Projects not Specifically Authorized by Congress.--In the
case of any water resources project-related study authorized to be
undertaken by the Secretary without specific authorization by Congress
in law or otherwise, the Secretary shall prepare a detailed project
report.'';
(D) in subsection (d) (as so redesignated) by
inserting ``Indian Tribes.--'' before ``For purposes
of''; and
(E) in subsection (e) (as so redesignated) by
inserting ``Standard and Uniform Procedures and
Practices.--'' before ``The Secretary shall''.
SEC. 2040. FISCAL TRANSPARENCY REPORT.
(a) In General.--On the third Tuesday of January of each year
beginning January 2006, the Chief of Engineers shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the expenditures for the preceding fiscal
year and estimated expenditures for the current fiscal year and, for
projects and activities that are not scheduled for completion in the
current fiscal year, the estimated expenditures necessary in the
following fiscal year for each project or activity to maintain the same
level of effort being achieved in the current fiscal year.
(b) Contents.--In addition to the information described in
subsection (a), the report shall contain a detailed accounting of the
following information:
(1) With respect to general construction, information on--
(A) projects currently under construction,
including--
(i) allocations to date;
(ii) the number of years remaining to
complete construction;
(iii) the estimated annual Federal cost to
maintain that construction schedule; and
(iv) a list of projects the Corps of
Engineers expects to complete during the
current fiscal year; and
(B) projects for which there is a signed cost-
sharing agreement and completed planning, engineering,
and design, including--
(i) the number of years the project is
expected to require for completion; and
(ii) estimated annual Federal cost to
maintain that construction schedule.
(2) With respect to operation and maintenance of the inland
and intracoastal waterways under section 206 of Public Law 95-
502 (33 U.S.C. 1804)--
(A) the estimated annual cost to maintain each
waterway for the authorized reach and at the authorized
depth; and
(B) the estimated annual cost of operation and
maintenance of locks and dams to ensure navigation
without interruption.
(3) With respect to general investigations and
reconnaissance and feasibility studies--
(A) the number of active studies;
(B) the number of completed studies not yet
authorized for construction;
(C) the number of initiated studies; and
(D) the number of studies expected to be completed
during the fiscal year.
(4) Funding received and estimates of funds to be received
for interagency and international support activities under
section 318(a) of the Water Resources Development Act of 1990
(33 U.S.C. 2323(a)).
(5) Recreation fees and lease payments.
(6) Hydropower and water storage fees.
(7) Deposits into the Inland Waterway Trust Fund and the
Harbor Maintenance Trust Fund.
(8) Other revenues and fees collected.
SEC. 2041. 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;
(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; and
(3) the University of Texas at Dallas for support and
operation of the International Center for Decision and Risk
Analysis to study risk analysis and control methods for
transboundary water resources management in the southwestern
United States and other international water resources
management problems.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out subsection (a)(1)
$5,000,000, to carry out subsection (a)(2) $5,000,000, and to carry out
subsection (a)(3) $5,000,000. Such sums shall remain available until
expended.
SEC. 2042. CRITERIA FOR OPERATION AND MAINTENANCE OF HARBOR DREDGING
PROJECTS.
The Secretary shall budget and request appropriations for operation
and maintenance of harbor dredging projects based only upon criteria
used for such projects in fiscal year 2004.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. COOK INLET, ALASKA.
Section 118(a)(2) of the Energy and Water Development
Appropriations Act, 2005 (title I of division C of the Consolidated
Appropriations Act, 2005; 118 Stat. 2945) is amended--
(1) by inserting ``maximum navigational'' before ``draft'';
(2) by striking ``greater than''; and
(3) by inserting ``or greater'' after ``35 feet''.
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 and Harbor Act of 1960 (33 U.S.C. 577),
shall be $8,000,000.
SEC. 3003. ST. PAUL HARBOR, ST. PAUL ISLAND, ALASKA.
(a) Small Boat Harbor.--No elements of the project for navigation,
St. Paul Harbor, St. Paul Island, Alaska, authorized by section
101(b)(3) of the Water Resources Development Act of 1996 (110 Stat.
3667) and modified by section 303 of the Water Resources Development
Act of 1999 (113 Stat. 298) and section 105 of the Energy and Water
Development Appropriations Act, 2003 (117 Stat. 139), shall be treated
by the Secretary as separable.
(b) Limitation on Non-Federal Share.--The non-Federal share for the
project shall not exceed $14,400,000.
SEC. 3004. 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. 3005. 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. 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. OSCEOLA HARBOR, ARKANSAS.
(a) In General.--The project for navigation, Osceola Harbor,
Arkansas, constructed under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), is modified to allow non-Federal interests to
construct a mooring facility within the existing authorized harbor
channel, subject to all necessary permits, certifications, and other
requirements.
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed as affecting the responsibility of the Secretary to
maintain the general navigation features of the project at a bottom
width of 250 feet.
SEC. 3008. PINE MOUNTAIN DAM, ARKANSAS.
The Pine Mountain Dam feature of the project for flood protection,
Lee Creek, Arkansas and Oklahoma, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1078), is modified--
(1) to add environmental restoration as a project purpose;
and
(2) to direct the Secretary to finance the non-Federal
share of the cost of the project over a 30-year period in
accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
SEC. 3009. 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. 3010. AMERICAN RIVER WATERSHED, CALIFORNIA.
Section 128 of Public Law 108-137 (117 Stat. 1838) is amended by
adding at the end the following:
``(c) Dam Safety Modifications at L.L. Anderson Dam.--In
determining improvements for dam safety that are necessary at the L.L.
Anderson Dam, the Secretary shall consider the without-project
condition to be the dam as it existed on December 1, 2003.
``(d) Cost Allocation.--In allocating costs for the project
authorized in subsection (a), the Secretary shall use the project cost
allocations for flood damage reduction and dam safety that are
contained in the American River Watershed, California, long-term study
final supplemental plan formulation report dated February 2002.''.
SEC. 3011. COMPTON CREEK, CALIFORNIA.
The project for flood control, Los Angeles Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611), is modified to add
environmental restoration and recreation as project purposes.
SEC. 3012. 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. 3013. HAMILTON AIRFIELD, CALIFORNIA.
The project for environmental restoration, Hamilton Airfield,
California, authorized by section 101(b)(3) of the Water Resources
Development Act of 1999 (113 Stat. 279), is modified to direct the
Secretary to construct the project substantially in accordance with the
report of the Chief of Engineers dated July 19, 2004, at a total cost
of $205,226,000, with an estimated Federal cost of $153,840,000 and an
estimated non-Federal cost of $51,386,000.
SEC. 3014. 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. 3015. KAWEAH RIVER, CALIFORNIA.
The project for flood control, Terminus Dam, Kaweah River,
California, authorized by section 101(b)(5) of the Water Resources
Development Act of 1996 (110 Stat. 3658), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project, or provide reimbursement not to exceed $800,000, for the costs
of any work carried out by the non-Federal interest before, on, or
after the date of the project partnership agreement if the Secretary
determines that the work is integral to the project.
SEC. 3016. 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 determine whether maintenance of the project is feasible,
and if the Secretary determines that maintenance of the project is
feasible, to carry out such maintenance.
SEC. 3017. LLAGAS CREEK, CALIFORNIA.
The project for flood damage reduction, Llagas Creek, California,
authorized by section 501(a) of the Water Resources Development Act of
1999 (113 Stat. 333), is modified to authorize the Secretary to carry
out the project at a total cost of $105,000,000.
SEC. 3018. LOS ANGELES HARBOR, CALIFORNIA.
The project for navigation, Los Angeles Harbor, California,
authorized by section 101(b)(5) of the Water Resources Development Act
of 2000 (114 Stat. 2577), is modified to authorize the Secretary to
carry out the project at a total cost of $222,000,000.
SEC. 3019. MAGPIE CREEK, CALIFORNIA.
(a) In General.--The project for Magpie Creek, California,
authorized under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), is modified to direct the Secretary to apply the cost-
sharing requirements of section 103(b) of the Water Resources
Development Act of 1986 (100 Stat. 4085) for the portion of the project
consisting of land acquisition to preserve and enhance existing
floodwater storage.
(b) Credit.--The Secretary shall 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. 3020. 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. 3021. 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. 3022. 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. 3023. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA.
(a) Determination of Federal Costs Paid by Non-Federal Interest.--
(1) Federal costs paid by non-federal interest.--The
Secretary shall determine the amount paid by the Sacramento
Area Flood Control Agency towards the Federal share of the cost
of the project for the Natomas levee features authorized by
section 9159(b) of the Department of Defense Appropriations
Act, 1993 (106 Stat. 1944) of the project for flood control and
recreation, Sacramento and American Rivers, California.
(2) Reimbursements to non-federal interest.--The Secretary
shall determine the amount of reimbursements paid to the
Sacramento Flood Control Agency for payment of the Federal
share of the cost of the project referred to in paragraph (1).
(3) Determination of federal share.--In carrying out
paragraph (1), the Secretary shall include in the total cost of
the project all costs of the following activities that the
Secretary determines to be integral to the project:
(A) Planning, engineering, and construction.
(B) Acquisition of project lands, easements, and
rights-of-way.
(C) Performance of relocations.
(D) Environmental mitigation for all project
elements.
(b) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any flood damage reduction
project, authorized before the date of enactment of this Act,
for which the non-Federal interest is the Sacramento Area Flood
Control Agency an amount equal to the total amount determined
under subsection (a)(1) reduced by the amount determined under
subsection (a)(2).
(2) Allocation of credit.--The Secretary shall allocate the
amount to be credited under paragraph (1) toward the non-
Federal share of such projects as are requested by the
Sacramento Area Flood Control Agency.
SEC. 3024. 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. 3025. 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. 3026. SANTA CRUZ HARBOR, CALIFORNIA.
The project of navigation, Santa Cruz Harbor, California,
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat.
300) and modified by section 809 of the Water Resources Development Act
of 1986 (100 Stat. 4168) and section 526 of the Water Resources
Development Act of 1999 (113 Stat. 346), is modified to direct the
Secretary--
(1) to renegotiate the memorandum of agreement with the
non-Federal interest to increase the annual payment to reflect
the updated cost of operation and maintenance that is the
Federal and non-Federal share as provided by law based on the
project purpose; and
(2) to revise the memorandum of agreement to include terms
that revise such payments for inflation.
SEC. 3027. SEVEN OAKS DAM, CALIFORNIA.
The project for flood control, Santa Ana Mainstem, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4113) and modified by section 104 of the Energy and Water
Development Appropriations Act, 1988 (101 Stat. 1329-11), section
102(e) of the Water Resources Development Act of 1990 (104 Stat. 4611),
and section 311 of the Water Resources Development Act of 1996 (110
Stat. 3713), is further modified to direct the Secretary to conduct a
study for the reallocation of water storage at the Seven Oaks Dam,
California, for water conservation.
SEC. 3028. 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 $212,100,000, with an estimated Federal cost of
$106,050,000, and an estimated non-Federal cost of $106,050,000. 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. 3029. 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. 3030. 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. 3031. 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. 3032. YUBA RIVER BASIN PROJECT, CALIFORNIA.
The project for flood damage reduction, Yuba River Basin,
California, authorized by section 101(a)(10) of the Water Resources
Development Act of 1999 (113 Stat. 275), is modified--
(1) to authorize the Secretary to construct the project at
a total cost of $107,700,000, with an estimated Federal cost of
$70,000,000 and an estimated non-Federal cost of $37,700,000;
and
(2) 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. 3033. SOUTH PLATTE RIVER BASIN, COLORADO.
Section 808 of the Water Resources Development Act of 1986 (100
Stat. 4168) is amended by striking ``agriculture,'' and inserting
``agriculture, environmental restoration,''.
SEC. 3034. INTRACOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY,
DELAWARE AND MARYLAND.
The project for navigation, Intracoastal Waterway, Delaware River
to Chesapeake Bay, Delaware and Maryland, authorized by the first
section of the Rivers and Harbors Act of August 30, 1935 (49 Stat.
1030), and section 101 of the River and Harbor Act of 1954 (68 Stat.
1249), is modified to add recreation as a project purpose.
SEC. 3035. BREVARD COUNTY, FLORIDA.
(a) Shoreline.--The project for shoreline protection, Brevard
County, Florida, authorized by section 101(b)(7) of the Water Resources
Development Act of 1996 (110 Stat. 3667), is modified--
(1) to direct the Secretary to establish the reach of the
project as the reach between the Florida department of
environmental protection monuments 75.4 to 118.3, a distance of
7.6 miles; and
(2) to direct the Secretary to expedite the general
reevaluation report required by section 418 of the Water
Resources Development Act of 2000 (114 Stat. 2637).
(b) Credit.--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. 3036. 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. 3037. CANAVERAL HARBOR, FLORIDA.
In carrying out the project for navigation, Canaveral Harbor,
Florida, authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1174), the Secretary shall construct a sediment trap.
SEC. 3038. 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. 3039. JACKSONVILLE HARBOR, FLORIDA.
(a) In General.--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.
(b) General Reevaluation Reports.--The non-Federal share of the
cost of the general reevaluation report that resulted in the report of
the Chief of Engineers for the project and the non-Federal share of the
cost of the general reevaluation report for Jacksonville Harbor,
Florida, being conducted on June 1, 2005, shall each be the same
percentage as the non-Federal share of the cost of construction of the
project.
(c) Agreement.--The Secretary shall enter into new partnership
agreements with the non-Federal interest to reflect the cost sharing
required by subsection (b).
SEC. 3040. LIDO KEY BEACH, SARASOTA, FLORIDA.
(a) In General.--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 substantially in accordance with the report of
the Chief of Engineers dated December 22, 2004, at a total cost of
$14,809,000, with an estimated Federal cost of $9,088,000 and an
estimated non-Federal cost of $5,721,000, and at an estimated total
cost of $58,635,000 for periodic nourishment over the 50-year life of
the project.
(b) Construction of Shoreline Protection Projects by Non-Federal
Interests.--The Secretary shall enter into a partnership agreement with
the non-Federal sponsor in accordance with section 206 of the Water
Resources Development Act of 1992 (33 U.S.C. 426i-1) for the modified
project.
SEC. 3041. 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--
(1) 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; and
(2) to direct the Secretary to reimburse the non-Federal
interest for the Federal share of the costs the non-Federal
interest has incurred in construction of the project (including
environmental mitigation costs and costs incurred for
incomplete usable increments of the project) in accordance with
section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232).
SEC. 3042. PEANUT ISLAND, FLORIDA.
The maximum amount of Federal funds that may be expended for the
project for improvement of the quality of the environment, Peanut
Island, Palm Beach County, Florida, being carried out under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a)
shall be $9,750,000.
SEC. 3043. 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. 3044. TAMPA HARBOR CUT B, FLORIDA.
(a) In General.--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
Harbor Cut B if the Secretary determines that such improvements are
necessary for navigation safety.
(b) General Reevaulation Report.--The non-Federal share of the cost
of the general reevaluation report for Tampa Harbor, Florida, being
conducted on June 1, 2005, shall be the same percentage as the non-
Federal share of the cost of construction of the project.
(c) Agreement.--The Secretary shall enter into a new partnership
agreement with the non-Federal interest to reflect the cost sharing
required by subsection (b).
SEC. 3045. 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.
SEC. 3046. LATHAM RIVER, GLYNN COUNTY, GEORGIA.
The maximum amount of Federal funds that may be expended for the
project for improvement of the quality of the environment, Latham
River, Glynn County, Georgia, being carried out under section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C. 2309a) shall be
$6,175,000.
SEC. 3047. DWORSHAK DAM AND RESERVOIR IMPROVEMENTS, IDAHO.
The Secretary may carry out improvements to recreational facilities
at the Dworshak Dam and Reservoir, North Fork, Clearwater River, Idaho,
authorized by section 203 of the Flood Control Act of 1962 (76 Stat.
1193), to accommodate lower pool levels.
SEC. 3048. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN, ILLINOIS.
(a) In General.--The project for navigation, Muscooten Bay,
Illinois River, Beardstown Community Boat Harbor, Beardstown, Illinois,
constructed under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), is modified--
(1) to include the channel between the harbor and the
Illinois River; and
(2) to direct the Secretary to enter into a partnership
agreement with the city of Beardstown to replace the local
cooperation agreement dated August 18, 1983, with the
Beardstown Community Park District.
(b) Terms of Partnership Agreement.--The partnership agreement
referred to in subsection (a) shall include the same rights and
responsibilities as the local cooperation agreement dated August 18,
1983, changing only the identity of the non-Federal sponsor.
(c) Maintenance.--Following execution of the partnership agreement
referred to in subsection (a), the Secretary may carry out maintenance
of the project referred to in subsection (a) on an annual basis.
SEC. 3049. CACHE RIVER LEVEE, ILLINOIS.
The Cache River Levee portion of the project for flood control,
Cache River, Illinois, authorized by the Act of June 28, 1938 (52 Stat.
1215), is modified to add environmental restoration as a project
purpose.
SEC. 3050. CHICAGO RIVER, ILLINOIS.
The navigation channel for the North Branch Canal portion of the
Chicago River, authorized by the first section of the Rivers and
Harbors Appropriations Act of March 3, 1899 (30 Stat. 1129), extending
from 100 feet downstream of the Halsted Street Bridge to 100 feet
upstream of the Division Street Bridge is modified to be no wider than
66 feet.
SEC. 3051. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS.
(a) Existing Barrier.--The Secretary shall upgrade and make
permanent, at Federal expense, the existing Chicago Sanitary and Ship
Canal Dispersal Barrier Chicago, Illinois, constructed as a
demonstration project under section 1202(i)(3) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)(3)).
(b) Operation and Maintenance.--The barrier referred to in
subsection (a) and the barrier in the Chicago Sanitary and Ship Canal
being constructed under section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a) shall be operated and maintained, at
Federal expense, as a system in a manner to optimize effectiveness.
Operation and maintenance includes investigating and eliminating
potential pathways that may allow aquatic species in the Des Plaines
River and Illinois and Michigan Canal to bypass the barriers in the
Chicago Sanitary and Ship Canal.
(c) Feasibility Study.--The Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental entities, shall
conduct a feasibility study, at Federal expense, of the range of
options and technologies available to prevent the spread of aquatic
species between the Great Lakes and Mississippi River Basins through
the Chicago Sanitary and Ship Canal and other pathways.
SEC. 3052. 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. 3053. LASALLE, ILLINOIS.
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 the vicinity of LaSalle, Illinois, on the Illinois and Michigan
Canal.
SEC. 3054. SPUNKY BOTTOMS, ILLINOIS.
(a) Project Purpose.--The project for flood control, 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. 3055. FORT WAYNE AND VICINITY, INDIANA.
The project for flood control Fort Wayne, St. Mary's and Maumee
Rivers, Indiana, authorized by section 101(a)(11) of the Water
Resources Development Act of 1990 (104 Stat. 4604), is modified--
(1) to direct the Secretary to provide a 100-year level of
flood protection at the Berry-Thieme, Park-Thompson, Woodhurst,
and Tillman sites along the St. Mary's River, Fort Wayne and
vicinity, Indiana, at a total cost of $5,300,000; and
(2) to 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. 3056. KOONTZ LAKE, INDIANA.
The project for aquatic ecosystem restoration, Koontz Lake,
Indiana, being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330) and modified by section 520 of
the Water Resources Development Act of 2000 (114 Stat. 2655), is
further modified to direct the Secretary to seek to reduce the cost of
the project by using innovative technologies and cost reduction
measures determined from a review of non-Federal lake dredging projects
in the vicinity of Koontz Lake.
SEC. 3057. 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 $198,000,000, with an estimated
Federal cost of $148,500,000 and an estimated non-Federal cost of
$49,500,000.
SEC. 3058. 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 for 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--
(1) 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
(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.
SEC. 3059. DES MOINES RIVER AND GREENBELT, IOWA.
The project for the Des Moines Recreational River and Greenbelt,
Iowa, authorized by Public Law 99-88 and modified by section 604 of the
Water Resources Development Act of 1986 (100 Stat. 4153), is modified
to include enhanced public access and recreational enhancements, at a
Federal cost of $3,000,000.
SEC. 3060. 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. 3061. 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--
(1) 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;
(2) to authorize the Secretary to construct the project at
a total cost of $178,000,000; and
(3) 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. 3062. 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. 3063. BAYOU PLAQUEMINE, LOUISIANA.
The project for the improvement of the quality of the environment,
Bayou Plaquemine, Louisiana, being carried out under section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C. 2309(a)), 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. 3064. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The public access feature of the Atchafalaya Basin Floodway System
project, Louisiana, authorized by section 601(a) of 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. 3065. 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--
(1) to authorize the purchase and reforesting lands that
have been cleared or converted to agricultural uses; and
(2) to incorporate current wildlife and forestry management
practices for the purpose of improving species diversity on
mitigation lands that meet Federal and State of Louisiana
habitat goals and objectives.
SEC. 3066. 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. 3067. 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. 3068. 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. 3069. 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 $25,000,000.
SEC. 3070. 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. 3071. GWYNNS FALLS WATERSHED, BALTIMORE, MARYLAND.
(a) In General.--The Secretary shall carry out the project for
ecosystem restoration, Gwynns Falls, Maryland, in accordance with the
Baltimore Metropolitan Water Resources Gwynns Falls Watershed Study-
Draft Feasibility Report and Integrated Environmental Assessment
prepared by the Corps of Engineers and the city of Baltimore, Maryland,
dated April 2004.
(b) Special Rule for Gwynns Falls, Maryland.--The report on the
project for environmental restoration at Gwynns Falls, Maryland, 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.
(c) Repeal.--Section 123 of Public Law 108-137 (117 Stat. 1837) is
repealed.
SEC. 3072. BOSTON HARBOR, MASSACHUSETTS.
The project for navigation, Boston Harbor, Massachusetts,
authorized by section 101(a)(13) of the Water Resources Development Act
of 1990 (104 Stat. 4607), is modified to provide that no funds may be
expended for the dredging of Chelsea Creek until the city of Boston and
the United States Coast Guard complete the replacement of the Chelsea
Street Bridge, as identified in the limited reevaluation report for the
project dated June 1996.
SEC. 3073. 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. 3074. ST. JOSEPH HARBOR, MICHIGAN.
The Secretary shall expedite development of the dredged material
management plan for the project for navigation St. Joseph Harbor,
Michigan, authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 299).
SEC. 3075. SAULT SAINTE MARIE, MICHIGAN.
(a) In General.--The text of section 1149 of the Water Resources
Development Act of 1986 (100 Stat. 4254) is amended to read as follows:
``The Secretary shall construct at Federal expense a second lock,
of the same dimensions as the existing Poe Lock, adjacent to the
existing lock at Sault Sainte Marie, Michigan, generally in accordance
with the report of the Board of Engineers for Rivers and Harbors, dated
May 19, 1986, and the limited reevaluation report dated February 2004
at a total cost of $341,714,000.''.
(b) Conforming Repeals.--The following provisoins are repealed:
(1) Section 107(a)(8) of the Water Resources Development
Act of 1990 (104 Stat. 4620).
(2) Section 330 of the Water Resources Development Act of
1996 (110 Stat. 3717-3718).
(3) Section 330 of the Water Resources Development Act of
1999 (113 Stat. 305).
SEC. 3076. 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. 3077. 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. 3078. 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. 3079. 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. 3080. KNIFE RIVER HARBOR, MINNESOTA.
The project for navigation, Harbor at Knife River, Minnesota,
authorized by section 2 of the Rivers and Harbors Act of March 2, 1945
(59 Stat. 19), is modified to direct the Secretary to develop a final
design and prepare plans and specifications to correct the harbor
entrance and mooring conditions at the project.
SEC. 3081. RED LAKE RIVER, MINNESOTA.
The project for flood control, Red Lake River, 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 $17,000,000, with an estimated Federal
cost of $11,000,000 and an estimated non-Federal cost of $6,000,000.
SEC. 3082. 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. 3083. 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. 3084. 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. 3085. 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 in-kind
services and materials.
SEC. 3086. PEARL RIVER BASIN, MISSISSIPPI.
(a) In General.--The Secretary shall complete a feasibility study
for the project for flood damage reduction, Pearl River Watershed,
Mississippi.
(b) Comparison of Alternatives.--The feasibility study shall
identify both the plan that maximizes national economic development
benefits and the locally preferred plan and shall compare the level of
flood damage reduction provided by each plan to that portion of
Jackson, Mississippi, located below the Ross Barnett Reservoir Dam.
(c) Recommended Plan.--If the Secretary determines that the locally
preferred plan provides a level of flood damage reduction that is equal
to or greater than the level of flood damage reduction provided by the
national economic development plan, and the locally preferred plan is
technically feasible and environmentally protective, the Secretary
shall recommend construction of the locally preferred plan.
(d) Evaluation of Project Cost.--For the purposes of determining
compliance with the first section of the Flood Control Act of June 22,
1936 (33 U.S.C. 701a), the Secretary shall consider only the costs of
the national economic development plan, and shall exclude incremental
costs associated with the locally preferred plan that are in excess of
such costs, if the non-Federal interest agrees to pay 100 percent of
such incremental costs.
(e) Non-Federal Cost Share.--If the locally preferred plan is
authorized for construction, the non-Federal share of the cost of the
project shall be the same percentage as the non-Federal share of the
cost of the national economic development plan plus all additional
costs of construction associated with the locally preferred plan.
SEC. 3087. FESTUS AND CRYSTAL CITY, MISSOURI.
Section 102(b)(1) of the Water Resources Development Act of 1999
(113 Stat. 282) is amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
SEC. 3088. MONARCH-CHESTERFIELD, MISSOURI.
The project for flood damage reduction, Monarch-Chesterfield,
Missouri, authorized by section 101(b)(18) of the Water Resources
Development Act of 2000 (114 Stat. 2578), 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 that the work is
integral to the project.
SEC. 3089. RIVER DES PERES, MISSOURI.
The projects for flood control, River Des Peres, Missouri,
authorized by section 101(a)(17) of the Water Resources Development Act
of 1990 (104 Stat. 4607) and section 102(13) of the Water Resources
Development Act of 1996 (110 Stat. 3668), are each 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. 3090. ANTELOPE CREEK, LINCOLN, NEBRASKA.
The project for flood damage reduction, Antelope Creek, Lincoln,
Nebraska, authorized by section 101(b)(19) of the Water Resources
Development Act of 2000 (114 Stat. 2578), is modified--
(1) to direct 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
before the date of the partnership agreement for the project if
the Secretary determines that the work is integral to the
project; and
(2) to allow the non-Federal sponsor for the project to
use, and to direct the Secretary to accept, funds provided
under any other Federal program, to satisfy, in whole or in
part, the non-Federal share of the project if such funds are
authorized to be used to carry out the project.
SEC. 3091. 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. 3092. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW JERSEY.
The project for navigation mitigation, ecosystem restoration, shore
protection, and hurricane and storm damage reduction, Lower Cape May
Meadows, Cape May Point, New Jersey, authorized by section 101(a)(25)
of the Water Resources Development Act of 1999 (113 Stat. 278), is
modified to incorporate the project for shoreline erosion control, Cape
May Point, New Jersey, carried out under section 5 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), if the Secretary determines that such incorporation is
feasible.
SEC. 3093. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
The project for flood control, Passaic River, New Jersey and New
York, authorized by section 101(a)(18) of the Water Resources
Development Act of 1990 (104 Stat. 4607) and modified by section 327 of
the Water Resources Development Act of 2000 (114 Stat. 2607), is
further modified to direct the Secretary to include the benefits and
costs of preserving natural flood storage in any future economic
analysis of the project.
SEC. 3094. BUFFALO HARBOR, NEW YORK.
The project for navigation, Buffalo Harbor, New York, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1176), is
modified to include measures to enhance public access, at Federal cost
of $500,000.
SEC. 3095. ORCHARD BEACH, BRONX, NEW YORK.
Section 554 of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended by striking ``maximum Federal cost of
$5,200,000'' and inserting ``total cost of $20,000,000''.
SEC. 3096. 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. 3097. 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. 3098. LOWER GIRARD LAKE DAM, OHIO.
Section 507(1) of the Water Resources Development Act of 1996 (110
Stat. 3758) is amended by striking ``$2,500,000'' and inserting
``$6,000,000''.
SEC. 3099. MAHONING RIVER, OHIO.
In carrying out the project for environmental dredging, authorized
by section 312(f)(4) of the Water Resources Development Act of 1990 (33
U.S.C. 1272(f)(4)), the Secretary is directed 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. 3100. ARCADIA LAKE, OKLAHOMA.
Payments made by the city of Edmond, Oklahoma, to the Secretary in
October 1999 of costs associated with present and future water storage
at Arcadia Lake, Oklahoma, under Arcadia Lake Water Storage Contract
Number DACW56-79-C-0072 shall satisfy the obligations of the city under
that contract for such costs, including accrued interest.
SEC. 3101. 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. 3102. 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. 3103. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, AND DELAWARE.
The Secretary may remove debris from the project for navigation,
Delaware River, Pennsylvania, New Jersey, and Delaware, Philadelphia to
the Sea.
SEC. 3104. 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. 3105. 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. 3106. 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. 3107. SOUTH CENTRAL PENNSYLVANIA.
Section 313 of the Water Resources Development Act of 1992 (106
Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat.
142) is amended--
(1) in subsection (g)(1) by striking ``$180,000,000'' and
inserting ``$200,000,000''; and
(2) in subsection (h)(2) 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. 3108. 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. 3109. 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 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. 3110. FREEPORT HARBOR, TEXAS.
The project for navigation, Freeport Harbor, Texas, authorized by
section 101 of the Rivers and Harbors Act of 1970 (84 Stat. 1818), is
modified.--
(1) 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 that the work is
integral to the project; and
(2) to direct the Secretary to remove the sunken vessel
``COMSTOCK'' at Federal expense.
SEC. 3111. JOHNSON CREEK, ARLINGTON, TEXAS.
The project for flood damage reduction, environmental restoration,
and recreation, authorized by section 101(b)(14) of the Water Resources
Development Act of 1999 (113 Stat. 280), is modified to authorize the
Secretary to carry out the project at a total cost of $29,717,000, with
an estimated Federal cost of $20,670,000 and an estimated non-Federal
cost $9,047,000.
SEC. 3112. 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. 3113. 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 of
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. 3114. 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. 3115. PAT MAYSE LAKE, TEXAS.
The Secretary is directed to accept from the city of Paris, Texas,
$3,461,432 as payment in full of monies owed to the United States for
water supply storage space in Pat Mayse Lake, Texas, under contract
number DA-34-066-CIVENG-65-1272, including accrued interest.
SEC. 3116. PROCTOR LAKE, TEXAS.
The Secretary is authorized to purchase fee simple title to all
properties located within the boundaries, and necessary for the
operation, of the Proctor Lake project, Texas, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1259).
SEC. 3117. 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. 3118. JAMES RIVER, VIRGINIA.
The project for navigation, James River, Virginia, authorized by
the first section of the River and Harbor Appropriations Act of July 5,
1884 (23 Stat. 138), is further modified to authorize the Secretary to
enlarge the turning basin adjacent to the Richmond Deepwater Terminal
at a total cost of $1,511,000 if the Secretary determines that the such
enlargement is necessary for navigation safety.
SEC. 3119. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND WISE COUNTIES,
VIRGINIA.
The project for flood control, Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, authorized by section 202 of
the Energy and Water Development Appropriation Act, 1981 (94 Stat.
1339) and modified by section 352 of the Water Resources Development
Act of 1996 (110 Stat. 3724-3725) and section 336 of the Water
Resources Development Act of 2000 (114 Stat. 2611), is further modified
to direct the Secretary to determine the ability of Lee, Russell,
Scott, Smyth, Tazewell, and Wise Counties, Virginia, to pay the non-
Federal share of the cost of the project based solely on the criterion
specified in section 103(m)(3)(A)(i) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)).
SEC. 3120. TANGIER ISLAND SEAWALL, VIRGINIA.
Section 577(a) of the Water Resources Development Act of 1996 (110
Stat. 3789) is amended by striking ``at a total cost of $1,200,000,
with an estimated Federal cost of $900,000 and an estimated non-Federal
cost of $300,000.'' and inserting ``at a total cost of $3,000,000, with
an estimated Federal cost of $2,250,000 and an estimated non-Federal
cost of $750,000.''.
SEC. 3121. DUWAMISH/GREEN, WASHINGTON.
The project for ecosystem restoration, Duwamish/Green, Washington,
authorized by section 101(b)(26) of the Water Resources Development Act
of 2000 (114 Stat. 2579), is modified--
(1) 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, 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
(2) 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 in-kind services and materials.
SEC. 3122. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON.
The project for aquatic ecosystem restoration, Yakima River, Port
of Sunnyside, Washington, 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.
SEC. 3123. 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 ``$99,000,000''.
SEC. 3124. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30(d) of the Water Resources Development Act of 1988 (102
Stat. 4030; 114 Stat. 2678) is amended to read as follows:
``(d) Historic Structure.--The Secretary shall ensure the
preservation and restoration of the structure known as the `Jenkins
House', and the reconstruction of associated buildings and landscape
features of such structure located within the Lesage/Greenbottom Swamp
in accordance with the Secretary of the Interior's standards for the
treatment of historic properties. Amounts made available for
expenditure for the project authorized by section 301(a) of the Water
Resources Development Act of 1986 (100 Stat. 4110) shall be available
for the purposes of this subsection.''.
SEC. 3125. NORTHERN WEST VIRGINIA.
Section 557 of the Water Resources Development Act of 1999 (113
Stat. 353) is amended in the first sentence by striking ``favorable''.
SEC. 3126. 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. 3127. 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. 3128. 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 flood control, Agana River, Guam,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4127).
(2) 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.
(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. 3129. 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. 3130. 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 first section of 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 eastern 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) Mystic river, connecticut.--The portion of the project
for navigation, Mystic River, Connecticut, authorized by the
first section of the River and Harbor Approriations Act of
September 19, 1890 (26 Stat. 436) consisting of a 12-foot-deep
channel, approximately 7,554 square feet in area, starting at a
point N193,086.51, E815,092.78, thence running north 59 degrees
21 minutes 46.63 seconds west about 138.05 feet to a point
N193,156.86, E814,974.00, thence running north 51 degrees 04
minutes 39.00 seconds west about 166.57 feet to a point
N193,261.51, E814,844.41, thence running north 43 degrees 01
minutes 34.90 seconds west about 86.23 feet to a point
N193,324.55, E814,785.57, thence running north 06 degrees 42
minutes 03.86 seconds west about 156.57 feet to a point
N193,480.05, E814,767.30, thence running south 21 degrees 21
minutes 17.94 seconds east about 231.42 feet to a point
N193,264.52, E814,851.57, thence running south 53 degrees 34
minutes 23.28 seconds east about 299.78 feet to the point of
origin.
(3) 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.
(4) 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.
(5) 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) Southport Harbor, Fairfield, Connecticut.--The project for
navigation, Southport Harbor, Fairfield, Connecticut, authorized by
section 2 of the River and Harbor Act of March 2, 1829, and by the
first section of the River and Harbor Act of August 30, 1935 (49 Stat.
1029), and section 364 of the Water Resources Development Act of 1996
(110 Stat. 3733-3734), is further modified to redesignate a portion of
the 9-foot-deep channel to an anchorage area, approximately 900 feet in
length and 90,000 square feet in area, and lying generally north of a
line with points at coordinates N108,043.45, E452,252.04 and
N107938.74, E452265.74.
(d) Mystic River, Massachusetts.--The portion of the project for
navigation, Mystic River, Massachusetts, authorized by the first
section of the River and Harbor Appropriations Act of July 13, 1892 (27
Stat. 96), between a line starting at a point N515,683.77, E707,035.45
and ending at a point N515,721.28, E707,069.85 and a line starting at a
point N514,595.15, E707,746.15 and ending at a point N514,732.94,
E707,658.38 shall be relocated and reduced from 100 foot to a 50-foot
wide channel after the date of enactment of this Act described as
follows: Beginning at a point N515,721.28, E707,069.85, thence running
southeasterly about 840.50 feet to a point N515,070.16, E707,601.27,
thence running southeasterly about 177.54 feet to a point N514,904.84,
E707,665.98, thence running southeasterly about 319.90 feet to a point
with coordinates N514,595.15, E707,746.15, thence running northwesterly
about 163.37 feet to a point N514,732.94, E707,658.38, thence running
northwesterly about 161.58 feet to a point N514.889.47, E707,618.30,
thence running northwesterly about 166.61 feet to a point N515.044.62,
E707,557.58, thence running northwesterly about 825.31 feet to a point
N515,683.77, E707,035.45, thence running northeasterly about 50.90 feet
returning to a point N515,721.28, E707,069.85.
(e) Green Bay Harbor, Green Bay, Wisconsin.--The portion of the
inner harbor of the Federal navigation channel, Green Bay Harbor, Green
Bay, Wisconsin, authorized by the first section of the River and Harbor
Act of June 23, 1866, beginning at station 190+00 to station 378+00 is
authorized to a width of 75 feet and a depth of 6 feet.
(f) 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 control, Cache Creek Basin, Clear
Lake Outlet Channel, California, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat.
4112).
(2) The project for flood protection on Atascadero Creek
and its tributaries of Goleta, California, authorized by
section 201 of the Flood Control Act of 1970 (84 Stat. 1826).
(3) The project for flood control, central and southern
Florida, Shingle Creek basin, Florida, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1182).
(4) The project for flood control, Middle Wabash,
Greenfield Bayou, Indiana, authorized by section 10 of the
Flood Control Act of July 24, 1946 (60 Stat. 649).
(5) The project for flood damage reduction, Lake George,
Hobart, Indiana, authorized by section 602(a)(2) of the Water
Resources Development Act of 1986 (100 Stat. 4148).
(6) The project for flood control, Green Bay Levee and
Drainage District No. 2, Iowa, authorized by section 401(a) of
the Water Resources Development Act of 1986 (100 Stat. 4115),
deauthorized in fiscal year 1991, and reauthorized by section
115(a) of the Water Resources Development Act of 1992 (106
Stat. 4821).
(7) The project for flood control, Hazard, Kentucky,
authorized by section 3(a)(7) of the Water Resources
Development Act of 1988 (100 Stat. 4014) and section 108 of the
Water Resources Development Act of 1990 (104 Stat. 4621).
(8) The recreation portion of the project for flood
control, Taylorsville Lake, Kentucky, authorized by section 203
of the Flood Control Act of 1966 (80 Stat. 1421).
(9) The project for flood control, western Kentucky
tributaries, Kentucky, authorized by section 204 of the Flood
Control Act of 1965 (79 Stat. 1076) and modified by section 210
of the Flood Control Act of 1970 (84 Stat. 1829).
(10) The project for flood damage reduction, Tensas-
Cocodrie area, Louisiana, authorized by section 3 of the Flood
Control Act of August 18, 1941 (55 Stat. 643).
(11) The project for flood control, Eastern Rapides and
South-Central Avoyelles Parishes, Louisiana, authorized by
section 201 of the Flood Control Act of 1970 (84 Stat. 1825).
(12) The bulkhead and jetty features at Lake Borgne and
Chef Menteur, Louisiana, of the project for navigation,
Mississippi River, Baton Rouge to the Gulf of Mexico, barge
channel through Devils Swamp, Louisiana, authorized by the
first section of the River and Harbor Act of July 24, 1946 (60
Stat. 635).
(13) The project for navigation Red River Waterway,
Shreveport, Louisiana to Daingerfield, Texas, authorized by the
River and Harbor Act of 1968 (82 Stat. 731).
(14) The project for flood damage reduction Brockton,
Massachusetts, authorized by section 401(c) of the Water
Resources Development Act of 1986 (100 Stat. 4129).
(15) The project for navigation, Grand Haven Harbor,
Michigan, authorized by section 202 of the Water Resources
Development Act of 1986 (100 Stat. 4093).
(16) The project for hydropower, Libby Dam, Montana, (Units
6-8), authorized by section 549 of the Water Resources
Development Act of 1996 (110 Stat. 3779).
(17) The project for flood damage reduction, Platte River
Flood and Related Streambank Erosion Control, Nebraska,
authorized by section 603(f)(6) of the Water Resources
Development Act of 1986 (100 Stat. 4150).
(18) The project for navigation, Outer Harbor, Buffalo, New
York, authorized by section 110 of the Water Resources
Development Act of 1992 (106 Stat. 4817).
(19) The project for flood control, Sugar Creek Basin,
North Carolina and South Carolina, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat.
4121).
(20) The project for flood control, Miami River, Fairfield,
Ohio, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4122).
(21) The project for shoreline protection, Maumee Bay, Lake
Erie, Ohio, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4135).
(22) The project for flood control and water supply, Parker
Lake, Muddy Boggy Creek, Oklahoma, authorized by section 601 of
the Water Resources Development Act of 1986 (100 Stat. 4144).
(23) The project for the Columbia River, Seafarers
Memorial, Hammond, Oregon, authorized by title I of the Energy
and Water Development Appropriations Act, 1991 (104 Stat.
2078).
(24) The project for bulkhead repairs, Quonset Point-
Davisville, Rhode Island, authorized by section 571 of the
Water Resources Development Act of 1996 (110 Stat. 3788).
(25) The project for flood damage reduction, Harris Fork
Creek, Tennessee and Kentucky, authorized by section 102 of the
Water Resources Development Act of 1976 (90 Stat. 2921).
(26) The Arroyo Colorado, Texas, feature of the project for
flood control Lower Rio Grande, Texas, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4125).
(27) The structural portion of the project for flood
control, Cypress Creek, Texas, authorized by section 3(a)(13)
of the Water Resources Development Act of 1988 (102 Stat.
4014).
(28) The project for flood protection, East Fork Channel
Improvement, Increment 2, East Fork of the Trinity River,
Texas, authorized by section 202 of the Flood Control Act of
1962 (76 Stat. 1185).
(29) The project for flood control, Falfurrias, Texas,
authorized by section 3(a)(14) of the Water Resources
Development Act of 1988 (102 Stat. 4014).
(30) The project for streambank erosion, Kanawha River,
Charleston, West Virginia, authorized by section 603(f)(13) of
the Water Resources Development Act of 1986 (100 Stat. 4153).
(g) 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. 3131. LAND CONVEYANCES.
(a) St. Francis Basin, Arkansas and Missouri.--
(1) In general.--The Secretary shall convey to the State of
Arkansas, without monetary consideration and subject to
paragraph (2), all right, title, and interest to real property
within the State acquired by the Federal Government as
mitigation land for the project for flood control, St. Francis
Basin, Arkansas and Missouri Project, authorized by the Flood
Control Act of May 15, 1928 (33 U.S.C. 702a et seq.).
(2) Terms and conditions.--
(A) In general.--The conveyance by the United
States under this subsection shall be subject to--
(i) the condition that the State of
Arkansas agree to operate, maintain, and manage
the real property for fish and wildlife,
recreation, and environmental purposes at no
cost or expense to the United States; and
(ii) such other terms and conditions as the
Secretary determines to be in the interest of
the United States.
(B) Reversion.--If the Secretary determines that
the real property conveyed under paragraph (1) ceases
to be held in public ownership or the State ceases to
operate, maintain, and manage the real property in
accordance with this subsection, all right, title, and
interest in and to the property shall revert to the
United States, at the option of the Secretary.
(3) Mitigation.--Nothing in this subsection extinguishes
the responsibility of the Federal Government or the non-Federal
interest for the project referred to in paragraph (1) from the
obligation to implement mitigation for such project that
existed on the day prior to the transfer authorized by this
subsection.
(b) Milford, Kansas.--
(1) In general.--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 real property consisting of approximately 7.4
acres located in Geary County, Kansas, for construction,
operation, and maintenance of a fire station.
(2) Reversion.--If the Secretary determines that the real
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.
(c) Calcasieu Ship Channel, Louisiana.--
(1) In general.--At such time as Pujo Heirs and Westland
Corporation conveys all right, title, and interest in and to
the real property described in paragraph (2)(A) to the United
States, the Secretary shall convey all right, title, and
interest of the United States in and to the real property
described in paragraph (2)(B) to Pujo Heirs and Westland
Corporation.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--An equivalent area to the
real property described in subparagraph (B). The
parcels that may be exchanged include Tract 128E, Tract
129E, Tract 131E, Tract 41A, Tract 42, Tract 132E,
Tract 130E, Tract 134E, Tract 133E-3, Tract 140E, or
some combination thereof.
(B) Federal land.--An area in Cameron Parish,
Louisiana, known as portions of Government Tract
Numbers 139E-2 and 48 (both tracts on the west shore of
the Calcasieu Ship Channel), and known as Corps of
Engineers Dredge Material Placement Area O.
(3) Conditions.--The exchange of real property under
paragraph (1) shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of
the real property described in paragraph (2)(A)
to the Secretary shall be by a warranty deed
acceptable to the Secretary.
(ii) Federal land.--The conveyance of the
real property described in paragraph (2)(B) to
Pujo Heirs and Westland Corporation shall be by
quitclaim deed.
(B) Time limit for exchange.--The land exchange
under paragraph (1) shall be completed not later than 1
year after the date of enactment of this Act.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the real property
conveyed to Pujo Heirs and Westland Corporation by the
Secretary under paragraph (1) exceeds the appraised fair market
value, as determined by the Secretary, of the real property
conveyed to the United States by Pujo Heirs and Westland
Corporation under paragraph (1), Pujo Heirs and Westland
Corporation shall make a payment to the United States equal to
the excess in cash or a cash equivalent that is satisfactory to
the Secretary.
(d) Pike County, Missouri.--
(1) In general.--At such time as S.S.S., Inc., conveys all
right, title and interest in and to the real property described
in paragraph (2)(A) to the United States, the Secretary shall
convey all right, title, and interest of the United States in
and to the real property described in paragraph (2)(B) to
S.S.S., Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--Approximately 42 acres, the
exact legal description to be determined by mutual
agreement of S.S.S., Inc., and the Secretary, subject
to any existing flowage easements situated in Pike
County, Missouri, upstream and northwest, about a 200-
foot distance from Drake Island (also known as Grimes
Island).
(B) Federal land.--Approximately 42 acres, the
exact legal description to be determined by mutual
agreement of S.S.S. Inc., and the Secretary, situated
in Pike County, Missouri, known as Government Tract
Numbers MIs-7 and a portion of FM-46 (both tracts on
Buffalo Island), administered by the Corps of
Engineers.
(3) Conditions.--The exchange of real property under
paragraph (1) shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of
the real property described in paragraph (2)(A)
to the Secretary shall be by a warranty deed
acceptable to the Secretary.
(ii) Federal land.--The instrument of
conveyance used to convey the real property
described in paragraph (2)(B) to S.S.S., Inc.,
shall be by quitclaim deed and contain such
reservations, terms, and conditions as the
Secretary considers necessary to allow the
United States to operate and maintain the
Mississippi River 9-Foot Navigation Project.
(B) Removal of improvements.--S.S.S., Inc., may
remove, and the Secretary may require S.S.S., Inc., to
remove, any improvements on the land described in
paragraph (2)(A).
(C) Time limit for exchange.--The land exchange
under paragraph (1) shall be completed not later than 2
years after the date of enactment of this Act.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the real property
conveyed to S.S.S., Inc., by the Secretary under paragraph (1)
exceeds the appraised fair market value, as determined by the
Secretary, of the real property conveyed to the United States
by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall make
a payment to the United States equal to the excess in cash or a
cash equivalent that is satisfactory to the Secretary.
(e) 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''.
(f) Tioga Township, Pennsylvania.--
(1) In general.--The Secretary shall convey by quitclaim
deed to the Tioga Township, Pennsylvania, without
consideration, all right, title, and interest of the United
States in and to the parcel of real property located on the
northeast end of Tract No. 226, a portion of the Tioga-Hammond
Lakes flood control project, Tioga County, Pennsylvania,
consisting of approximately 8 acres, together with any
improvements on that property, for public ownership and use as
the site of the administrative offices and road maintenance
complex for the Township.
(2) Reservation of interests.--The Secretary shall reserve
such rights and interests in and to the property to be conveyed
as the Secretary considers necessary to preserve the
operational integrity and security of the Tioga-Hammond Lakes
flood control project.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership, or to be used as a site for the Tioga
Township administrative offices and road maintenance complex or
for related public purposes, all right, title, and interest in
and to the property shall revert to the United States, at the
option of the United States.
(g) Richard B. Russell Lake, South Carolina.--
(1) In general.--The Secretary shall convey to the State of
South Carolina, by quitclaim deed, at fair market value, all
right, title, and interest of the United States in and to the
real property described in paragraph (2) that is managed, as of
the date of enactment of this Act, by the South Carolina
department of commerce for public recreation purposes for the
Richard B. Russell Dam and Lake, South Carolina, project
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1420).
(2) Land description.--Subject to paragraph (3), the real
property referred to in paragraph (1) is the parcel contained
in the portion of real property described in Army Lease Number
DACW21-1-92-0500.
(3) Reservation of interests.--The United States shall
reserve--
(A) ownership of all real property included in the
lease referred to in paragraph (2) that would have been
acquired for operational purposes in accordance with
the 1971 implementation of the 1962 Army/Interior Joint
Acquisition Policy; and
(B) such other rights and interests in and to the
real property to be conveyed as the Secretary considers
necessary for authorized project purposes, including
easement rights-of-way to remaining Federal land.
(4) No effect on shore management policy.--The Shoreline
Management Policy (ER-1130-2-406) of the Corps of Engineer
shall not be changed or altered for any proposed development of
land conveyed under this subsection.
(5) Cost sharing.--In carrying out the conveyance under
this subsection, the Secretary and the State shall comply with
all obligations of any cost-sharing agreement between the
Secretary and the State with respect to the real property
described in paragraph (2) in effect as of the date of the
conveyance.
(6) Land not conveyed.--The State shall continue to manage
the real property described in paragraph (3) not conveyed under
this subsection in accordance with the terms and conditions of
Army Lease Number DACW21-1-92-0500.
(h) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
appropriate and necessary to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to 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. 3132. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE
RESTRICTIONS.
(a) Idaho.--
(1) In general.--With respect to the property covered by
each deed in paragraph (2)--
(A) the reversionary interests and use restrictions
relating to port and industrial use purposes are
extinguished;
(B) the restriction that no activity shall be
permitted that will compete with services and
facilities offered by public marinas is extinguished;
(C) the human habitation or other building
structure use restriction is extinguished if the
elevation of the property is above the standard project
flood elevation; and
(D) the use of fill material to raise areas of the
property above the standard project flood elevation is
authorized, except in any area for which a permit under
section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) is required.
(2) Affected deeds.--The deeds with the following county
auditor's file numbers are referred to in paragraph (1):
(A) Auditor's Instruments No. 399218 and No. 399341
of Nez Perce County, Idaho--2.07 acres.
(B) Auditor's Instruments No. 487437 and No. 339341
of Nez Perce County, Idaho--7.32 acres.
(b) Old Hickory Lock and Dam, Cumberland River, Tennessee.--
(1) Release of retained rights, interests, reservations.--
With respect to land conveyed by the Secretary to the Tennessee
Society of Crippled Children and Adults, Incorporated (now
known as ``Easter Seals Tennessee''), at Old Hickory Lock and
Dam, Cumberland River, Tennessee, under section 211 of the
Flood Control Act of 1965 (79 Stat. 1087), the reversionary
interests and the use restrictions 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) Port of Pasco, Washington.--
(1) Extinguishment of use restrictions and flowage
easement.--With respect to the property covered by the deed in
paragraph (3)(A)--
(A) the flowage easement and human habitation or
other building structure use restriction is
extinguished if the elevation of the property is above
the standard project flood elevation; and
(B) the use of fill material to raise areas of the
property above the standard project flood elevation is
authorized, except in any area for which a permit under
section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) is required.
(2) Extinguishment of flowage easement.--With respect to
the property covered by each deed in paragraph (3)(B), the
flowage easement is extinguished if the elevation of the
property is above the standard project flood elevation.
(3) Affected deeds.--The deeds referred to in paragraphs
(1) and (2) are as follows:
(A) Auditor's File Number 262980 of Franklin
County, Washington.
(B) Auditor's File Numbers 263334 and 404398 of
Franklin County, Washington.
(d) No Effect on Other Rights.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes.
TITLE IV--STUDIES
SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act of 1999 (42
U.S.C. 1962d-21) is amended by adding at the end the following:
``(g) In-Kind Contributions for Study.--The non-Federal interest
may provide up to 100 percent of the non-Federal share required under
subsection (f) in the form of in-kind services and materials.''.
SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature and
frequency of avian botulism problems in the vicinity of Lake Erie
associated with dredged material disposal sites and shall make
recommendations to eliminate the conditions that result in such
problems.
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY.
(a) In General.--The Secretary, in coordination with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, and other appropriate agencies, shall conduct, at Federal
expense, a comprehensive study of drought conditions in the
southwestern United States, with a particular emphasis on the Colorado
River basin, the Rio Grande River basin, and the Great Basin.
(b) Inventory of Actions.--In conducting the study, the Secretary
shall assemble an inventory of actions taken or planned to be taken to
address drought-related situations in the southwestern United States.
(c) Purpose.--The purpose of the study shall be to develop
recommendations to more effectively address current and future drought
conditions in the southwestern United States.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $7,000,000.
Such funds shall remain available until expended.
SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
Section 459(e) of the Water Resources Development Act of 1999 (113
Stat. 333; 114 Stat. 2635) is amended by striking ``3 years after the
first date on which funds are appropriated to carry out this section''
and inserting ``December 30, 2006''.
SEC. 4005. DELAWARE RIVER.
The Secretary shall review, in consultation with the Delaware River
Basin Commission and the States of Delaware, Pennsylvania, New Jersey,
and New York, the report of the Chief of Engineers on the Delaware
River, published as House Document Numbered 522, 87th Congress, Second
Session, as it relates to the Mid-Delaware River Basin from Wilmington
to Port Jervis, and any other pertinent reports (including the strategy
for resolution of interstate flow management issues in the Delaware
River Basin dated August 2004 and the National Park Service Lower
Delaware River Management Plan (1997-1999)), with a view to determining
whether any modifications of recommendations contained in the first
report referred to are advisable at the present time, in the interest
of flood damage reduction, ecosystem restoration, and other related
problems.
SEC. 4006. KNIK ARM, COOK INLET, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the potential impacts on navigation of construction of a
bridge across Knik Arm, Cook Inlet, Alaska.
SEC. 4007. KUSKOKWIM RIVER, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Kuskokwim River, Alaska, in the
vicinity of the village of Crooked Creek.
SEC. 4008. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the feasibility of providing navigation improvements at St.
George Harbor, Alaska.
SEC. 4009. 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. 4010. GILA BEND, MARICOPA, ARIZONA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Gila Bend, Maricopa,
Arizona. 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 if the Secretary determines
that such plans and designs are consistent with Federal standards.
SEC. 4011. 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. 4012. DRY CREEK VALLEY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project to provide recycled water for agricultural water
supply, Dry Creek Valley, California, including a review of the
feasibility of expanding the Geysers recharge project north of
Healdsburg, California.
SEC. 4013. ELKHORN SLOUGH ESTUARY, CALIFORNIA.
The Secretary shall conduct a study of the Elkhorn Slough estuary,
California, to determine the feasibility of conserving, enhancing, and
restoring estuarine habitats by developing strategies to address
hydrological management issues.
SEC. 4014. FRESNO, KINGS, AND KERN COUNTIES, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Fresno, Kings, and Kern
Counties, California.
SEC. 4015. LOS ANGELES RIVER, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood damage reduction
and ecosystem restoration, Los Angeles River, California.
(b) Revitalization Plan.--In conducting the study, the Secretary
shall review the Los Angeles River revitalization plan developed by
non-Federal interests and shall incorporate such plan into the Federal
study if the Secretary determines that such plan is consistent with
Federal standards.
SEC. 4016. LYTLE CREEK, RIALTO, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and groundwater
recharge, Lytle Creek, Rialto, California.
SEC. 4017. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for water supply along the
Mokelumne River, San Joaquin County, California.
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed to invalidate, preempt, or create any exception to
State water law, State water rights, or Federal or State permitted
activities or agreements.
SEC. 4018. NAPA RIVER, ST. HELENA, CALIFORNIA.
(a) In General.--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.
(b) Plans and Designs.--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 if the
Secretary determines that such plans and designs are consistent with
Federal standards.
SEC. 4019. ORICK, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and ecosystem
restoration, Orick, California. In conducting the study, the Secretary
shall determine the feasibility of restoring or rehabilitating the
Redwood Creek Levees, Humboldt County, California.
SEC. 4020. RIALTO, FONTANA, AND COLTON, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Rialto, Fontana, and
Colton, California.
SEC. 4021. 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. 4022. SAN DIEGO COUNTY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, San Diego County, California,
including a review of the feasibility of connecting 4 existing
reservoirs to increase usable storage capacity.
SEC. 4023. 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. 4024. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.
(a) In General.--In conducting the South San Francisco Bay
shoreline study, the Secretary shall--
(1) review the planning, design, and land acquisition
documents prepared by the California State Coastal Conservancy,
the Santa Clara Valley Water District, and other local
interests in developing recommendations for measures to provide
flood protection of the South San Francisco Bay shoreline,
restoration of the South San Francisco Bay salt ponds
(including lands owned by the Department of the Interior), and
other related purposes; and
(2) incorporate such planning, design, and land acquisition
documents into the Federal study if the Secretary determines
that such documents are consistent with Federal standards.
(b) Report.--Not later than December 31, 2008, the Secretary shall
transmit a feasibility report for the South San Francisco Bay shoreline
study to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.
(c) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any project authorized by law as a
result of the South San Francisco Bay shoreline study 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.
(2) Limitation.--In no case may work that was carried out
more than 5 years before the date of enactment of this Act be
eligible for credit under this subsection.
SEC. 4025. TWENTYNINE PALMS, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Pinto Cove Wash, in
the vicinity of Twentynine Palms, California.
SEC. 4026. YUCCA VALLEY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, West Burnt Mountain
basin, in the vicinity of Yucca Valley, California.
SEC. 4027. BOULDER CREEK, BOULDER, COLORADO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction in the Boulder Creek
floodplain, Colorado.
SEC. 4028. ROARING FORK RIVER, BASALT, COLORADO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and other purposes
for the Roaring Fork River, Basalt, Colorado.
SEC. 4029. DELAWARE AND CHRISTINA RIVERS AND SHELLPOT CREEK,
WILMINGTON, DELAWARE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and related purposes
along the Delaware and Christina Rivers and Shellpot Creek, Wilmington,
Delaware.
SEC. 4030. COLLIER COUNTY BEACHES, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hurricane and storm damage reduction and
flood damage reduction in the vicinity of Vanderbilt, Park Shore, and
Naples beaches, Collier County, Florida.
SEC. 4031. VANDERBILT BEACH LAGOON, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, water supply, and
improvement of water quality at Vanderbilt Beach Lagoon, Florida.
SEC. 4032. MERIWETHER COUNTY, GEORGIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Meriwether County, Georgia.
SEC. 4033. 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. 4034. KAUKONAHUA-HELEMANO WATERSHED, OAHU, HAWAII.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Kaukonahua-Helemano
watershed, Oahu, Hawaii.
SEC. 4035. WEST MAUI, MAUI, HAWAII.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for water resources development, environmental
restoration, and natural resources protection, West Maui, Maui, Hawaii.
SEC. 4036. BOISE RIVER, IDAHO.
The study for flood control, Boise River, Idaho, authorized by
section 414 of the Water Resources Development Act of 1999 (113 Stat.
324), is modified--
(1) to add ecosystem restoration and water supply as
project purposes to be studied; and
(2) to require the Secretary to credit toward the non-
Federal share of the cost of the study the cost, not to exceed
$500,000, 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. 4037. BALLARD'S ISLAND SIDE CHANNEL, ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, Ballard's Island,
Illinois.
SEC. 4038. 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. 4039. 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. 4040. UTICA, ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction in the vicinity of
Utica, Illinois.
SEC. 4041. LAKE AND PORTER COUNTIES, INDIANA.
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 along Lake
Michigan, Hammond, Whiting, East Chicago, Gary, and Portage, Indiana.
SEC. 4042. SALEM, INDIANA.
The Secreatry shall conduct a study to determine the feasibility of
carrying out a project to provide an additional water supply source for
Salem, Indiana.
SEC. 4043. BUCKHORN LAKE, KENTUCKY.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for flood damage reduction,
Buckhorn Lake, Kentucky, authorized by section 2 of the Flood Control
Act of June 28, 1938 (52 Stat. 1217), to add ecosystem restoration,
recreation, and improved access as project purposes, including
permanently raising the winter pool elevation of the project.
(b) In-Kind Contributions.--The non-Federal interest may provide
the non-Federal share of the cost of the study in the form of in-kind
services and materials.
SEC. 4044. DEWEY LAKE, KENTUCKY.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for Dewey Lake, Kentucky, to add water supply as
a project purpose.
SEC. 4045. LOUISVILLE, KENTUCKY.
The Secretary shall conduct a study of the project for flood
control, Louisville, Kentucky, authorized by section 4 of the Flood
Control Act of June 28, 1938 (52 Stat. 1217), to investigate measures
to address the rehabilitation of the project.
SEC. 4046. 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. 4047. OFFSHORE OIL AND GAS FABRICATION PORTS, LOUISIANA.
(a) Benefits.--In conducting a feasibility study for each of the
following projects for navigation, the Secretary shall include in the
calculation of national economic development benefits all economic
benefits associated with contracts for new energy exploration and
contracts for the fabrication of energy infrastructure that would
result from carrying out the project:
(1) Atchafalaya River, Bayous Chene, Boeuf, and Black,
Louisiana, being conducted under section 430 of the Water
Resources Development Act of 2000 (114 Stat. 2639).
(2) Iberia Port, Louisiana, being conducted under section
431 of the Water Resources Development Act of 2000 (114 Stat.
2639).
(b) Repeal.--Section 6009 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005 (Public Law 109-13; 119 Stat. 282) is repealed.
SEC. 4048. VERMILION RIVER, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation on the Vermilion River,
Louisiana, from the intersection of the Vermilion River and the Gulf
Intracoastal Waterway to the industrial area north of the Vermilion
River.
SEC. 4049. 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. 4050. PATAPSCO RIVER, MARYLAND.
The Secretary shall conduct a study to determine and assess the
impact of debris in the Patapsco River basin, Maryland, on wetlands,
water quality, and public health and to identify management measures to
reduce the inflow of debris into the Patapsco River.
SEC. 4051. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.
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. 4052. HAMBURG AND GREEN OAK TOWNSHIPS, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction on Ore Lake and the
Huron River for Hamburg and Green Oak Townships, Michigan.
SEC. 4053. ST. CLAIR RIVER, MICHIGAN.
(a) In General.--The Secretary shall carry out a study of the
relationships among dredging of the St. Clair River for navigation,
erosion in the river, and declining water levels in the river and in
Lake Michigan and Lake Huron.
(b) Recommendations.--The report on the results of the study may
include recommendations to address water level declines in Lake
Michigan and Lake Huron.
SEC. 4054. DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN.
(a) In General.--The Secretary shall conduct a study and prepare a
report to evaluate the integrity of the bulkhead system located on and
in the vicinity of Duluth-Superior Harbor, Duluth, Minnesota, and
Superior, Wisconsin.
(b) Contents.--The report shall include--
(1) a determination of causes of corrosion of the bulkhead
system;
(2) recommendations to reduce corrosion of the bulkhead
system;
(3) a description of the necessary repairs to the bulkhead
system; and
(4) an estimate of the cost of addressing the causes of the
corrosion and carrying out necessary repairs.
SEC. 4055. WILD RICE RIVER, MINNESOTA.
The Secretary shall review the project for flood protection and
other purposes on Wild Rice River, Minnesota, authorized by section 201
of the Flood Control Act of 1970 (84 Stat. 1825), to develop
alternatives to the Twin Valley Lake feature.
SEC. 4056. MISSISSIPPI COASTAL AREA, MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
making improvements or modifications to existing improvements in the
coastal area of Mississippi in the interest of hurricane and storm
damage reduction, prevention of saltwater intrusion, preservation of
fish and wildlife, prevention of erosion, and other related water
resource purposes.
SEC. 4057. 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. 4058. ST. LOUIS, MISSOURI.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, St. Louis, Missouri,
to restore or rehabilitate the levee system feature of the project for
flood protection, St. Louis, Missouri, authorized by the first section
of the Act entitled ``An Act authorizing construction of certain public
works on the Mississippi River for the protection of Saint Louis,
Missouri'', approved August 9, 1955 (69 Stat. 540).
SEC. 4059. DREDGED MATERIAL DISPOSAL, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project in the vicinity of the Atlantic Intracoastal
Waterway, New Jersey, for the construction of a dredged material
disposal transfer facility to make dredged material available for
beneficial reuse.
SEC. 4060. BAYONNE, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, including
improved water quality, enhanced public access, and recreation, on the
Kill Van Kull, Bayonne, New Jersey.
SEC. 4061. CARTERET, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, including
improved water quality, enhanced public access, and recreation, on the
Raritan River, Carteret, New Jersey.
SEC. 4062. ELIZABETH RIVER, ELIZABETH, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out ecosystem restoration improvements in the Elizabeth River
watershed, Elizabeth, New Jersey.
SEC. 4063. GLOUCESTER COUNTY, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Gloucester, New
Jersey, including the feasibility of restoring the flood protection
dikes in Gibbstown, New Jersey, and the associated tidegates in
Gloucester, New Jersey.
SEC. 4064. PERTH AMBOY, NEW JERSEY.
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 Arthur
Kill, Perth Amboy, New Jersey.
SEC. 4065. WRECK POND, MONMOUTH COUNTY, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration at Wreck Pond, New
Jersey, including Black Creek and associated waters.
SEC. 4066. BATAVIA, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hydropower and related purposes in the
vicinity of Batavia, New York.
SEC. 4067. BIG SISTER CREEK, EVANS, NEW YORK.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood damage reduction,
Big Sister Creek, Evans, New York.
(b) Evaluation of Potential Solutions.--In conducting the study,
the Secretary shall evaluate potential solutions to flooding from all
sources, including flooding that results from ice jams.
SEC. 4068. EAST CHESTER BAY, TURTLE COVE, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, East Chester Creek, Chester Bay,
Turtle Cove, New York.
SEC. 4069. FINGER LAKES, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration and
protection, Finger Lakes, New York, to address water quality and
invasive species.
SEC. 4070. HUDSON-RARITAN ESTUARY, NEW YORK AND NEW JERSEY.
In conducting 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. 4071. LAKE ERIE SHORELINE, BUFFALO, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for storm damage reduction and shoreline
protection in the vicinity of Gallagher Beach, Lake Erie Shoreline,
Buffalo, New York.
SEC. 4072. NEWTOWN CREEK, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out ecosystem restoration improvements on Newtown Creek,
Brooklyn and Queens, New York.
SEC. 4073. NIAGARA RIVER, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for a low-head hydroelectric generating facility
in the Niagara River, New York.
SEC. 4074. SHORE PARKWAY GREENWAY, BROOKLYN, NEW YORK.
The Secretary shall conduct a study of the feasibility of carrying
out a project for shoreline protection in the vicinity of the
confluence of the Narrows and Gravesend Bay, Upper New York Bay, Shore
Parkway Greenway, Brooklyn, New York.
SEC. 4075. UPPER DELAWARE RIVER WATERSHED, NEW YORK.
Notwithstanding section 221(b) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(b)) and with the consent of the affected local
government, a nonprofit organization may serve as the non-Federal
interest for a study for the Upper Delaware River watershed, New York,
being carried out under Committee Resolution 2495 of the Committee on
Transportation and Infrastructure of the House of Representatives,
adopted May 9, 1996.
SEC. 4076. LINCOLN COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study of existing water and water
quality-related infrastructure in Lincoln County, North Carolina, to
assist local interests in determining the most efficient and effective
way to connect county infrastructure.
SEC. 4077. WILKES COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Wilkes County, North Carolina.
SEC. 4078. YADKINVILLE, NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Yadkinville, North Carolina.
SEC. 4079. CINCINNATI, OHIO.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for ecosystem restoration and
recreation on the Ohio River, Cincinnati, Ohio.
(b) Design.--While conducting the study, the Secretary may continue
to carry out design work for the project as authorized by section 118
of division H of the Consolidated Appropriations Act, 2004 (118 Stat.
439).
(c) Existing Plans.--In conducting the study, the Secretary shall
review the Central Riverfront Park Master Plan, dated December 1999,
and incorporate any components of the plan that the Secretary
determines are consistent with Federal standards.
(d) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any project authorized by law as a
result of the study 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.
(2) Limitation.--In no case may work that was carried out
more than 5 years before the date of enactment of this Act be
eligible for credit under this subsection.
SEC. 4080. EUCLID, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, ecosystem restoration, and
recreation on Lake Erie, in the vicinity of the Euclid Lakefront,
Euclid, Ohio.
SEC. 4081. LAKE ERIE, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for power generation at confined disposal
facilities along Lake Erie, Ohio.
SEC. 4082. OHIO RIVER, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for flood damage reduction on the Ohio River in
Mahoning, Columbiana, Jefferson, Belmont, Noble, Monroe, Washington,
Athens, Meigs, Gallia, Lawrence, and Scioto Counties, Ohio.
SEC. 4083. 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, the Secretary may carry out the project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 4084. TILLAMOOK BAY AND BAR, OREGON.
The Secretary shall conduct 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. 4085. 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. 4086. WALLA WALLA RIVER BASIN, OREGON.
In conducting the study of determine the feasibility of carrying
out a project for ecosystem restoration, Walla Walla River Basin,
Oregon, the Secretary shall--
(1) credit toward the non-Federal share of the cost of the
study 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
(2) allow the non-Federal interest to provide the non-
Federal share of the cost of the study in the form of in-kind
services and materials.
SEC. 4087. CHARTIERS CREEK WATERSHED, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Chartiers Creek
watershed, Pennsylvania.
SEC. 4088. KINZUA DAM AND ALLEGHENY RESERVOIR, PENNSYLVANIA.
The Secretary shall conduct a study of the project for flood
control, Kinzua Dam and Allegheny Reservoir, Warren, Pennsylvania,
authorized by section 5 of the Flood Control Act of June 22, 1936 (49
Stat. 1570), and modified by section 2 of the Flood Control Act of June
28, 1938 (52 Stat. 1215), section 2 of the Flood Control Act of August
18, 1941 (55 Stat. 646), and section 4 of the Flood Control Act of
December 22, 1944 (58 Stat. 887), to review operations of and identify
modifications to the project to expand recreational opportunities.
SEC. 4089. NORTH CENTRAL PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out project for aquatic ecosystem restoration and protection
in Warren, McKean, Potter, Tioga, Lycoming, Centre, Cameron, Elk,
Clearfield, Jefferson, Clarion, Venango, Forest, Clinton, Crawford, and
Mifflin Counties, Pennsylvania, particularly as related to abandoned
mine drainage abatement and reestablishment of stream and river
channels.
SEC. 4090. NORTHAMPTON AND LEHIGH COUNTIES STREAMS, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, floodplain
management, flood damage reduction, water quality control, and
watershed management, for the streams of Northampton and Lehigh
Counties, Pennsylvania.
SEC. 4091. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study of structural
and nonstructural flood damage reduction, stream bank protection, storm
water management, channel clearing and modification, and watershed
coordination measures in the Mahoning River basin, Pennsylvania, the
Allegheny River basin, Pennsylvania, and the Upper Ohio River basin,
Pennsylvania, to provide a level of flood protection sufficient to
prevent future losses to communities located in such basins from
flooding such as occurred in September 2004, but not less than a 100-
year level of flood protection.
(b) Priority Communities.--In carrying out this section, the
Secretary shall give priority to the following Pennsylvania
communities: Marshall Township, Ross Township, Shaler Township, Jackson
Township, Harmony, Zelienople, Darlington Township, Houston Borough,
Chartiers Township, Washington, Canton Township, Tarentum Borough, and
East Deer Township.
SEC. 4092. WILLIAMSPORT, PENNSYLVANIA.
The Secretary shall conduct a study of the project for flood
control, Williamsport, Pennsylvania, authorized by section 5 of the
Flood Control Act of June 22, 1936 (49 Stat. 1570), to investigate
measures to rehabilitate the project.
SEC. 4093. YARDLEY BOROUGH, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, at Yardley Borough,
Pennsylvania, including the alternative of raising River Road.
SEC. 4094. RIO VALENCIANO, JUNCOS, PUERTO RICO.
(a) In General.--The Secretary shall conduct a study to reevaluate
the project for flood damage reduction and water supply, Rio
Valenciano, Juncos, Puerto Rico, authorized by section 209 of the Flood
Control Act of 1962 (76 Stat. 1197) and section 204 of the Flood
Control Act of 1970 (84 Stat. 1828), to determine the feasibility of
carrying out the project.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the study 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. 4095. CROOKED CREEK, BENNETTSVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Crooked Creek, Bennettsville,
South Carolina.
SEC. 4096. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Broad River, York County,
South Carolina.
SEC. 4097. 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. 4098. CHATTANOOGA, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Chattanooga Creek,
Dobbs Branch, Chattanooga, Tennessee.
SEC. 4099. CLEVELAND, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Cleveland,
Tennessee.
SEC. 4100. CUMBERLAND RIVER, NASHVILLE, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for recreation on, riverbank protection for, and
environmental protection of, the Cumberland River and riparian habitats
in the city of Nashville and Davidson County, Tennessee.
SEC. 4101. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Lewis, Lawrence, and Wayne
Counties, Tennessee.
SEC. 4102. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along Wolf River and
Nonconnah Creek, in the vicinity of Memphis, Tennessee, to include the
repair, replacement, rehabilitation, and restoration of the following
pumping stations: Cypress Creek, Nonconnah Creek, Ensley, Marble Bayou,
and Bayou Gayoso.
SEC. 4103. ABILENE, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Abilene, Texas.
SEC. 4104. COASTAL TEXAS ECOSYSTEM PROTECTION AND RESTORATION, TEXAS.
(a) In General.--The Secretary shall develop a comprehensive plan
to determine the feasibility of carrying out projects for flood damage
reduction, hurricane and storm damage reduction, and ecosystem
restoration in the coastal areas of the State of Texas.
(b) Scope.--The comprehensive plan shall provide for the
protection, conservation, and restoration of 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.
(c) Definition.--For purposes of this section, the term ``coastal
areas in the State of Texas'' means the coastal areas of the State of
Texas from the Sabine River on the east to the Rio Grande River on the
west and includes tidal waters, barrier islands, marches, coastal
wetlands, rivers and streams, and adjacent areas.
SEC. 4105. FORT BEND COUNTY, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Fort Bend County,
Texas.
SEC. 4106. HARRIS COUNTY, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Harris County,
Texas.
SEC. 4107. JOHNSON CREEK, ARLINGTON, TEXAS.
(a) Reevaluation of Environmental Restoration Features.--The
Secretary shall reevaluate the project for flood damage reduction,
environmental restoration, and recreation, authorized by section
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat.
280), to develop alternatives to the separable environmental
restoration element of the project.
(b) Study of Additional Flood Damage Reduction Measures.--The
Secretary shall conduct a study to determine the feasibility of
additional flood damage reduction measures and erosion control measures
within the boundaries of the project referred to in subsection (a).
(c) Plans and Designs.--In conducting the studies referred to in
subsections (a) and (b), the Secretary shall review plans and designs
developed by non-Federal interests and shall use such plans and designs
to the extent that the Secretary determines that such plans and designs
are consistent with Federal standards.
(d) Credit Toward Federal Share.--If an alternative environmental
restoration element is authorized by law, the Secretary shall credit
toward the Federal share of the cost of that project the costs incurred
by the Secretary to carry out the separable environmental restoration
element of the project referred to in subsection (a). The non-Federal
interest shall not be responsible for reimbursing the Secretary for any
amount credited under this subsection.
(e) Credit Toward the Non-Federal Share.--The Secretary shall
credit toward the non-Federal share of the cost of the studies under
subsections (a) and (b), and the cost of any project carried out as a
result of such studies the cost of work carried out by the non-Federal
interest.
SEC. 4108. PORT OF GALVESTON, TEXAS.
The Secretary shall conduct a study of the feasibility of carrying
out a project for dredged material disposal in the vicinity of the
project for navigation and environmental restoration, Houston-Galveston
Navigation Channels, Texas, authorized by section 101(a)(30) of the
Water Resources Development Act of 1996 (110 Stat. 3666).
SEC. 4109. ROMA CREEK, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Roma Creek, Texas.
SEC. 4110. WALNUT CREEK, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, environmental
restoration, and erosion control, Walnut Creek, Texas.
SEC. 4111. 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. 4112. SOUTHWESTERN UTAH.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Santa Clara River,
Washington, Iron, and Kane Counties, Utah.
SEC. 4113. CHOWAN RIVER BASIN, VIRGINIA AND NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, environmental
restoration, navigation, and erosion control, Chowan River basin,
Virginia and North Carolina.
SEC. 4114. JAMES RIVER, RICHMOND, VIRGINIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction for the James River
in the vicinity of Richmond, Virginia, including the Shockoe Bottom
area.
SEC. 4115. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON.
(a) In General.--The study for rehabilitation of the Elliott Bay
Seawall, Seattle, Washington, being carried out under Committee
Resolution 2704 of the Committee on Transportation and Infrastructure
of the House of Representatives adopted September 25, 2002, is modified
to include a determination of the feasibility of reducing future damage
to the seawall from seismic activity.
(b) Acceptance of Contributions.--In carrying out the study, the
Secretary may accept contributions in excess of the non-Federal share
of the cost of the study from the non-Federal interest to the extent
that the Secretary determines that the contributions will facilitate
completion of the study.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of any project authorized by law as a result of the
study the value of contributions accepted by the Secretary under
subsection (b).
SEC. 4116. 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. 4117. KENOSHA HARBOR, WISCONSIN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Kenosha Harbor, Wisconsin,
including the extension of existing piers.
SEC. 4118. 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,
and greater Milwaukee watersheds, Wisconsin.
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) Manatee Harbor basin, Florida.
(2) Bayou LaFourche Channel, Port Fourchon, Louisiana.
(3) Calcasieu River at Devil's Elbow, Louisiana.
(4) Pidgeon Industrial Harbor, Pidgeon Industrial Park,
Memphis Harbor, Tennessee.
(5) Pix Bayou Navigation Channel, Chambers County, Texas.
(6) 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.
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) Charlotte Harbor watershed, Florida.
(2) Big Creek watershed, Roswell, Georgia.
(3) Those portions of the watersheds of the Chattahoochee,
Etowah, Flint, Ocmulgee, and Oconee Rivers lying within the
counties of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry,
Paulding, Rockdale, and Walton, Georgia.
(4) Kinkaid Lake, Jackson County, Illinois.
(5) Amite River basin, Louisiana.
(6) East Atchafalaya River basin, Iberville Parish and
Pointe Coupee Parish, Louisiana.
(7) Red River watershed, Louisiana.
(8) Taunton River basin, Massachusetts.
(9) Lower Platte River watershed, Nebraska.
(10) Rio Grande watershed, New Mexico.
(11) Marlboro Township, New Jersey.
(12) Buffalo River watershed, New York.
(13) Cattaragus Creek watershed, New York.
(14) Eighteenmile Creek watershed, Niagara County, New
York.
(15) Esopus, Plattekill, and Rondout Creeks, Greene,
Sullivan, and Ulster Counties, New York.
(16) Genesee River watershed, New York.
(17) Greenwood Lake watershed, New York and New Jersey.
(18) Long Island Sound watershed, New York.
(19) Oswego River basin, New York.
(20) Ramapo River watershed, New York.
(21) Tonawanda Creek watershed, New York.
(22) Tuscarawas River basin, Ohio.
(23) Western Lake Erie basin, Ohio.
(24) 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.
(25) Otter Creek watershed, Pennsylvania.
(26) Unami Creek watershed, Milford Township, Pennsylvania.
(27) Sauk River basin, Washington.
(28) Greater Milwaukee watersheds, Wisconsin.
(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) Fish Creek Dam, Blaine County, Idaho.
(2) Hamilton Dam, Saginaw River, Flint, Michigan.
(3) Candor Dam, Candor, New York.
(4) State Dam, Auburn, New York.
(5) Whaley Lake Dam, Pawling, New York.
(6) Ingham Spring Dam, Solebury Township, Pennsylvania.
(7) Leaser Lake Dam, Lehigh County, Pennsylvania.
(8) Stillwater Dam, Monroe County, Pennsylvania.
(9) Wissahickon Creek Dam, Montgomery County, Pennsylvania.
(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.--
(1) In general.--The Secretary shall plan, design, and
complete emergency corrective actions to repair the embankment
dam at the Fern Ridge Lake project, Oregon.
(2) Treatment.--The Secretary may treat work to be carried
out under this subsection as a dam safety project, and the cost
of the work may be recovered in accordance with section 1203 of
the Water Resources Development Act of 1986 (33 U.S.C. 467n;
100 Stat. 4263).
(d) Kehly Run Dams, Pennsylvania.--Section 504(a)(2) of the Water
Resources Development Act of 1999 (113 Stat. 338; 117 Stat. 1842) is
amended by striking ``Dams'' and inserting ``Dams No. 1-5''.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $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, Arkansas.
(2) Project for flood damage reduction, Nonconnah Creek,
Tennessee.
SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.
(a) In General.--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 paragraphs (23) and
(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) Ascension Parish, Louisiana;
``(30) East Baton Rouge Parish, Louisiana;
``(31) Iberville Parish, Louisiana;
``(32) Livingston Parish, Louisiana; and
``(33) Pointe Coupee Parish, Louisiana.''.
(b) Authorization of Appropriations.--Section 212(i)(1) of such Act
(33 U.S.C. 2332(i)(1)) is amended by striking ``section--'' and all
that follows before the period at the end and inserting ``section
$20,000,000''.
SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS.
(a) In General.--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) $35,000,000 for the project described in subsection
(c)(18);
``(10) $27,000,000 for the project described in subsection
(c)(19);
``(11) $20,000,000 for the project described in subsection
(c)(20);
``(12) $35,000,000 for the project described in subsection
(c)(23);
``(13) $20,000,000 for the project described in subsection
(c)(25);
``(14) $20,000,000 for the project described in subsection
(c)(26);
``(15) $35,000,000 for the project described in subsection
(c)(27);
``(16) $20,000,000 for the project described in subsection
(c)(28); and
``(17) $30,000,000 for the project described in subsection
(c)(40).''.
(b) East Arkansas Enterprise Community, Arkansas.--Federal
assistance made available under the rural enterprise zone program of
the Department of Agriculture may be used toward payment of the non-
Federal share of the costs of the project described in section
219(c)(20) of the Water Resources Development Act of 1992 (114 Stat.
2763A-219) if such assistance is authorized to be used for such
purposes.
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) 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).
(2) 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).
(3) 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).
(4) 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).
(5) 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).
(6) North River, Peabody, Massachusetts, being carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(7) Newton Creek, Bainbridge, New York, being carried out
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(8) 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).
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 water supply, Little Red River, Arkansas.
(2) Project for shoreline stabilization at Egmont Key,
Florida.
(3) Project for ecosystem restoration, University Lake,
Baton Rouge, Louisiana.
(4) Project for hurricane and storm damage reduction,
Montauk Point, New York.
(b) Special Rule for Egmont Key, Florida.--In carrying out the
project for shoreline stabilization at Egmont Key, Florida, referred to
in subsection (a)(2), 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) Special Rule for Montauk Point, New York.--The Secretary shall
complete the report for the project referred to in subsection (a)(4)
not later than September 30, 2005, notwithstanding the ownership of the
property to be protected.
SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESSMENT.
(a) In General.--The Secretary shall conduct, at Federal expense,
an assessment of the water resources needs of the river basins and
watersheds of the southeastern United States.
(b) Cooperative Agreements.--In carrying out the assessment, the
Secretary may enter into cooperative agreements with State and local
agencies, non-Federal and nonprofit entities, and regional researchers.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 to carry out this section.
SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.
Section 1103(e)(7) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(7)) is amended--
(1) by adding at the end of subparagraph (A) the following:
``The non-Federal interest may provide the non-Federal share of
the cost of the project in the form of in-kind services and
materials.''; and
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 221(b) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5(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. 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. 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. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401(c) of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 114 Stat. 2613) is amended by striking ``2006'' and
inserting ``2011''.
SEC. 5014. GREAT LAKES TRIBUTARY MODEL.
Section 516(g)(2) of the Water Resources Development Act of 1996
(33 U.S.C. 2326b(g)(2)) is amended by striking ``2006'' and inserting
``2011''.
SEC. 5015. 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 2005 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.--
(1) Delaware river.--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.
(2) Susquehanna river.--The Secretary may enter into an
agreement with the Susquehanna River Basin Commission to
provide temporary water supply and conservation storage at
Corps of Engineers facilities in the Susquehanna River Basin
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. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Form of Assistance.--Section 510(a)(2) of the Water Resources
Development Act of 1996 (110 Stat. 3759) is amended by striking ``, and
beneficial uses of dredged material'' and inserting ``, beneficial uses
of dredged material, and restoration of submerged aquatic vegetation''.
(b) Authorization of Appropriations.--Section 510(i) of such Act
(110 Stat. 3761) is amended by striking ``$10,000,000'' and inserting
``$50,000,000''.
SEC. 5017. CHESAPEAKE BAY OYSTER RESTORATION.
The second sentence of section 704(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
SEC. 5018. HYPOXIA ASSESSMENT.
The Secretary may participate with Federal, State, and local
agencies, non-Federal and nonprofit entities, regional researchers, and
other interested parties to assess hypoxia in the Gulf of Mexico.
SEC. 5019. POTOMAC RIVER WATERSHED ASSESSMENT AND TRIBUTARY STRATEGY
EVALUATION AND MONITORING PROGRAM.
The Secretary may participate in the Potomac River Watershed
Assessment and Tributary Strategy Evaluation and Monitoring Program to
identify a series of resource management indicators to accurately
monitor the effectiveness of the implementation of the agreed upon
tributary strategies and other public policies that pertain to natural
resource protection of the Potomac River watershed.
SEC. 5020. LOCK AND DAM SECURITY.
(a) Standards.--The Secretary, in consultation with the Federal
Emergency Management Agency, the Tennessee Valley Authority, and the
Coast Guard, shall develop standards for the security of locks and
dams, including the testing and certification of vessel exclusion
barriers.
(b) Site Surveys.--At the request of a lock or dam owner, the
Secretary shall provide technical assistance, on a reimbursible basis,
to improve lock or dam security.
(c) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with a nonprofit alliance of public and private
organizations that has the mission of promoting safe waterways and
seaports to carry out testing and certification activities, and to
perform site surveys, under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this section.
SEC. 5021. REHABILITATION.
The Secretary, at Federal expense and not to exceed $1,000,000,
shall rehabilitate and improve the water-related infrastructure and the
transportation infrastructure for the historic property in the
Anacostia River Watershed located in the District of Columbia,
including measures to address wet weather conditions. To carry out this
section, the Secretary shall accept funds provided for such project
under any other Federal program.
SEC. 5022. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE
RIVER SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996 (16
U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 375) is amended--
(1) in subsection (a)(6) by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(2) in subsection (c)(2) by striking ``$1,000,000'' and
inserting ``$10,000,000''.
SEC. 5023. 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. 5024. 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. 5025. TALLAPOOSA, ALABAMA.
The Secretary may provide technical assistance relating to water
supply to the Middle Tallapoosa Water Supply District, Alabama. There
is authorized to be appropriated $5,000,000 to carry out this section.
SEC. 5026. ALASKA.
Section 570 of the Water Resources Development Act of 1999 (113
Stat. 369) is amended--
(1) in subsection (c) by inserting ``environmental
restoration,'' after ``water supply and related facilities,'';
(2) in subsection (e)(3)(B) by striking the last sentence;
(3) in subsection (h) by striking ``$25,000,000'' and
inserting ``$45,000,000''; and
(4) 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. 5027. BARROW, ALASKA.
The Secretary shall carry out, under section 117 of the Energy and
Water Development Appropriations Act, 2005 (118 Stat. 2944), a
nonstructural project for coastal erosion and storm damage prevention
and reduction at Barrow, Alaska, including relocation of
infrastructure.
SEC. 5028. COFFMAN COVE, ALASKA.
The Secretary is authorized to carry out a project for navigation,
Coffman Cove, Alaska, at a total cost of $3,000,000.
SEC. 5029. FIRE ISLAND, ALASKA.
(a) In General.--The Secretary is authorized to provide planning,
design, and construction assistance to the non-Federal interest for the
construction of a causeway between Point Campbell and Fire Island,
Alaska, including the beneficial use of dredged material in the
construction of the causeway.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5030. 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. 5031. KOTZEBUE HARBOR, ALASKA.
The Secretary is authorized to carry out a project for navigation,
Kotzebue Harbor, Kotzebue, Alaska, at at total cost of $2,200,000.
SEC. 5032. 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. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.
The Secretary shall carry out, on an emergency basis, necessary
removal of rubble, sediment, and rock impeding the entrance to the St.
Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of
$2,000,000.
SEC. 5034. TANANA RIVER, ALASKA.
The Secretary shall carry out, on an emergency basis, the removal
of the hazard to navigation on the Tanana River, Alaska, near the mouth
of the Chena River, as described in the January 3, 2005, memorandum
from the Commander, Seventeenth Coast Guard District, to the Corps of
Engineers, Alaska District, Anchorage, Alaska.
SEC. 5035. VALDEZ, ALASKA.
The Secretary is authorized to construct a small boat harbor in
Valdez, Alaska, at a total cost of $20,000,000, with an estimated
Federal cost of $10,500,000 and an estimated non-Federal cost of
$9,500,000.
SEC. 5036. WHITTIER, ALASKA.
(a) Study.--The Secretary shall conduct, at Federal expense, a
study to determine the feasibility of carrying out projects for
navigation at Whittier, Alaska, to construct a new boat harbor at the
head of Whittier Bay and to expand the existing harbor and, if the
Secretary determines that a project is feasible, the Secretary may
carry out the project.
(b) Non-Federal Cost Share.--The non-Federal interest may use, and
the Secretary shall accept, funds provided under any other Federal
program to satisfy, in whole or in part, the non-Federal share of the
construction of any project carried out under this section if such
funds are authorized to be used to carry out such project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $35,200,000.
SEC. 5037. WRANGELL HARBOR, ALASKA.
(a) General Navigation Features.--In carrying out the project for
navigation, Wrangell Harbor, Alaska, authorized by section 101(b)(1) of
the Water Resources Development Act of 1999 (113 Stat. 279), the
Secretary shall consider the dredging of the mooring basin and
construction of the inner harbor facilities to be general navigation
features for purposes of estimating the non-Federal share of project
costs.
(b) Revision of Partnership Agreement.--The Secretary shall revise
the partnership agreement for the project to reflect the change
required by subsection (a).
SEC. 5038. 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. 5039. DES ARC LEVEE PROTECTION, ARKANSAS.
The Secretary shall review the project for flood control, Des Arc,
Arkansas, to determine whether bank and channel scour along the White
River threaten the existing project and whether the scour is as a
result of a design deficiency. If the Secretary determines that such
conditions exist as a result of a deficiency, the Secretary shall carry
out measures to eliminate the deficiency.
SEC. 5040. 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. 5041. 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. 5042. WHITE RIVER BASIN, ARKANSAS.
(a) Minimum Flows.--
(1) In general.--In carrying out section 304 of the Water
Resources Development Act of 2000 (114 Stat. 2601), the
Secretary shall implement alternatives BS-3 and NF-7, as
described in the White River Minimum Flows Reallocation Study
Report, Arkansas and Missouri, dated July 2004.
(2) Cost sharing.--Reallocation of storage and installation
of facilities under this subsection shall be considered fish
and wildlife enhancement that provides national benefits and
shall be a Federal expense in accordance with section 906(e)(1)
of the Water Resources Development Act of 1986 (33 U.S.C.
2283(e)(1)).
(3) Offset.--In carrying out this subsection, losses to
hydropower shall be offset by a reduction, not to exceed
$17,000,000, in the costs allocated to hydropower, as
determined by the present value of the estimated replacement
cost of the electrical energy and capacity at the time of the
implementation.
(b) Fish Hatchery.--In operating the fish hatchery at Beaver Lake,
Arkansas, authorized by section 105 of the Water Resources Development
Act of 1976 (90 Stat. 2921), losses to hydropower shall be offset by a
reduction, not to exceed $2,200,000, in the costs allocated to
hydropower, as determined by the present value of the estimated
replacement cost of the electrical energy and capacity at the time of
the implementation.
(c) Repeal.--Section 374 of the Water Resources Development Act of
1999 (113 Stat. 321) is repealed.
SEC. 5043. 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. 5044. 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. 5045. DANA POINT HARBOR, CALIFORNIA.
The Secretary shall conduct a study of the causes of water quality
degradation within Dana Point Harbor, California, to determine if the
degradation is the result of a Federal navigation project, and, if the
Secretary determines that the degradation is the result of a Federal
navigation project, the Secretary shall carry out a project to mitigate
the degradation at Federal expense.
SEC. 5046. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Development Act of 1992
(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, 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 (ii) the cost of 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 in-kind
services and materials.''; 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. EASTERN SANTA CLARA BASIN, CALIFORNIA.
Section 111(c) of the Miscellaneous Appropriations Act, 2001 (as
enacted into law by Public Law 106-554; 114 Stat. 2763A-224) is
amended--
(1) by striking ``$25,000,000'' and inserting
``$28,000,000''; and
(2) by striking ``$7,000,000'' and inserting
``$10,000,000''.
SEC. 5048. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION,
CALIFORNIA.
The third sentence of section 102(c)(4) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended
by striking ``January 1, 2003'' and inserting ``January 1, 2007''.
SEC. 5049. LANCASTER, CALIFORNIA.
Section 219(f)(50) of the Water Resources Development Act of 1992
(114 Stat. 2763A-220) is amended--
(1) by inserting after ``water'' the following: ``and
wastewater'';
(2) by striking ``$14,500,000'' and inserting
``$24,500,000''.
SEC. 5050. ONTARIO AND CHINO, CALIFORNIA.
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), in
the vicinity of Ontario and Chino, California, if the Secretary
determines that the project is feasible.
SEC. 5051. PINE FLAT DAM AND RESERVOIR, CALIFORNIA.
(a) In General.--The Secretary shall review the Kings River
Fisheries Management Program Framework Agreement, dated May 29, 1999,
among the California Department of Fish and Game, the Kings River Water
Association, and the Kings River Conservation District and, if the
Secretary determines that the management program is feasible, the
Secretary may participate in the management program.
(b) Prohibition.--Nothing in this section authorizes any project
for the raising of, or the construction of, a multilevel intake
structure at Pine Flat Dam, California.
(c) Use of Existing Studies.--In carrying out this section, the
Secretary shall use, to the maximum extent practicable, studies in
existence on the date of enactment of this Act, including data and
environmental documentation in the Report of the Chief of Engineers,
Pine Flat Dam and Reservoir, Fresno County, California, dated July 19,
2002.
(d) 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 the work is integral to the project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to $20,000,000 to carry out this section.
SEC. 5052. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND SAN GABRIEL
BASIN, CALIFORNIA.
(a) Comprehensive Plan.--The Secretary, in consultation and
coordination with appropriate Federal, State, and local entities, shall
develop a comprehensive plan for the management of water resources in
the Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin,
California. The Secretary may carry out activities identified in the
comprehensive plan to demonstrate practicable alternatives for water
resources management.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
activities carried out under this section shall be 35 percent.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under this
section the cost of planning, design, and construction work
completed by or on behalf of the non-Federal interests for
implementation of measures under this section. The amount of
such credit shall not exceed the non-Federal share of the cost
of such activities.
(3) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance of any measures
constructed under this section shall be 100 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 5053. 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. 5054. SAN FRANCISCO, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with the Port of San
Francisco, California, may carry out the project for repair and
removal, as appropriate, of Piers 35, 36, and 80 in San Francisco,
California, substantially in accordance with the Port's redevelopment
plan.
(b) Authorization of Appropriation.--There is authorized to be
appropriated $20,000,000 to carry out this subsection.
SEC. 5055. 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
northeasterly prolongation of that portion of the northwesterly line of
Bryant Street lying between Beale Street and Main Street with the
southwesterly line of Spear Street, which intersection lies on the line
of jurisdiction of the San Francisco Port Commission; following thence
southerly along said line of jurisdiction as described in the State of
California Harbor and Navigation Code Section 1770, as amended in 1961,
to its intersection with the easterly line of Townsend Street along a
line that is parallel and distant 10 feet distant from the existing
southern boundary of Pier 40 produced to its point of intersection with
the United States Government pier-head line; thence northerly along
said pier-head line to its intersection with a line parallel with, and
distant 10 feet easterly from, the existing easterly boundary line of
Pier 30-32; thence northerly along said parallel line and its northerly
prolongation, to a point of intersection with a line parallel with, and
distant 10 feet northerly from, the existing northerly boundary of Pier
30-32, thence westerly along last said parallel line to its
intersection with the United States Government pier-head line; 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. 5056. SAN PABLO BAY, CALIFORNIA, 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 submit to Congress a report on the results of the study.
(b) 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.
(c) 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, and 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.
(2) Types of assistance.--Participation in critical
restoration projects under this subsection may include
assistance for planning, design, or construction.
(d) 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 interest for a project undertaken under
this section.
(e) 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--
(1) to pay 35 percent of the cost of construction for the
project;
(2) to provide any lands, easements, rights-of-way, dredged
material disposal areas, and relocations necessary to carry out
the project; and
(3) to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
(f) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of construction of a project under this section--
(1) the value of any lands, easements, rights-of-way,
dredged material disposal areas, or relocations provided by the
non-Federal interest for carrying out the project, regardless
of the date of acquisition;
(2) funds received from the CALFED Bay-Delta program; and
(3) 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.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5057. SANTA VENETIA, CALIFORNIA.
(a) In General.--The Secretary shall carry out a project for flood
damage reduction under section 205 of the Flood Control Act of 1958 (33
U.S.C. 701s), Santa Venetia, California, if the Secretary determines
that the project is feasible.
(b) Project Financing.--In carrying out 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 Secretary's evaluation indicates that applying
such section is necessary to implement the project.
SEC. 5058. 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 one or more of the 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. 5059. VICTOR V. VEYSEY DAM, CALIFORNIA.
(a) Designation.--The Prado Dam, authorized by the Flood Control
Act of 1936 (49 Stat. 1570), shall be known and designated as the
``Victor V. Veysey Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the dam referred to in
subsection (a) shall be deemed to be a reference to the ``Victor V.
Veysey Dam''.
SEC. 5060. WHITTIER, CALIFORNIA.
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) in
the vicinity of Whittier, California, if the Secretary determines that
the project is feasible.
SEC. 5061. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR,
CONNECTICUT.
(a) Designation.--The western breakwater for the project for
navigation, New Haven Harbor, Connecticut, authorized by the first
section of the Act of September 19, 1890 (26 Stat. 426), shall be known
and designated as the ``Charles Hervey Townshend Breakwater''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the breakwater referred
to in subsection (a) shall be deemed to be a reference to the ``Charles
Hervey Townshend Breakwater''.
SEC. 5062. CHRISTINA RIVER SHIPWRECK, DELAWARE.
The Secretary may carry out the removal of the debris associated
with the steamship ``STATE OF PENNSYLVANIA'' and other derelict vessels
from the Christina River, Delaware, under section 202 of the Water
Resources Development Act of 1976 (90 Stat. 2945).
SEC. 5063. ANACOSTIA RIVER, DISTRICT OF COLUMBIA, MARYLAND, AND
VIRGINIA.
(a) Comprehensive Action Plan.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in coordination with the
Mayor of the District of Columbia, the Governor of Maryland, the
Governor of Virginia, the County Executives of Montgomery County and
Prince George's County, Maryland, and other interested persons, shall
develop a 10-year comprehensive action plan for the restoration and
protection of the ecological integrity of the Anacostia River and its
tributaries.
(b) Public Availability.--Upon completion of the plan, the
Secretary shall make the plan available to the public.
SEC. 5064. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
Section 109 of the Miscellaneous Appropriations Act, 2001 (enacted
into law by Public Law 106-554) (114 Stat. 2763A-222) is amended--
(1) by adding at the end of subsection (e)(2) 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.''; and
(2) in subsection (f) by striking ``$100,000,000'' and
inserting ``$100,000,000, of which not more than $15,000,000
may be used to provide planning, design, and construction
assistance to the Florida Keys Aqueduct Authority for a water
treatment plant, Florida City, Florida''.
SEC. 5065. 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. 5066. LAKE LANIER, GEORGIA.
The Secretary may assist local interests with planning, design, and
construction of facilities at the Lake Lanier Olympic Center, Georgia,
at a total cost of $5,300,000.
SEC. 5067. 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. 5068. 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 non-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) Clear Creek Drainage and Levee District, Illinois.
(2) Fort Chartres and Ivy Landing Drainage District,
Illinois.
(3) Wood River Drainage and Levee District, Illinois.
(4) Cairo, Illinois Mainline Levee, Cairo, Illinois.
(5) Goose Pond Pump Station, Cairo, Illinois.
(6) Cottonwood Slough Pump Station, Alexander County,
Illinois.
(7) 10th and 28th Street Pump Stations, Cairo, Illinois.
(8) Flood control levee projects in Brookport, Shawneetown,
Old Shawneetown, Golconda, Rosiclare, Harrisburg, and
Reevesville, Illinois.
(e) Justification.--The reconstruction of a project authorized by
this section shall not be considered a separable element of the
project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated--
(1) $15,000,000 to carry out the projects described in
paragraphs (1) through (7) of subsection (d); and
(2) $15,000,000 to carry out the projects described in
subsection (d)(8).
Such sums shall remain available until expended.
SEC. 5069. 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 ensure aquatic integrity of sidechannels and
backwaters and their connectivity with the mainstem
river;
(E) to increase economic opportunity for
agriculture and business communities; and
(F) 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) a conveyance study of the Kaskaskia River
floodplain from Vandalia, Illinois, to Carlyle Lake to
determine the impacts of existing and future waterfowl
improvements on flood stages, including detailed
surveys and mapping information to ensure proper
hydraulic and hydrological analysis;
(E) the development and implementation of a
computerized inventory and analysis system; and
(F) 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 Watershed Association.
(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.
(6) Other programs that may be developed by the State of
Illinois or the Federal Government, or that are carried out by
non-profit organizations, to carry out the objectives of the
Kaskaskia River Basin Comprehensive Plan.
(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. 5070. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall provide assistance for a
project to develop maps identifying 100- and 500-year flood inundation
areas along the Little Calumet River, Chicago, Illinois.
(b) Requirements.--Maps developed under the project shall include
hydrologic and hydraulic information and shall accurately show the
flood inundation of each property by flood risk in the floodplain. The
maps shall be produced in a high resolution format and shall be made
available to all flood prone areas along the Little Calumet River,
Chicago, Illinois, in an electronic format.
(c) Participation of FEMA.--The Secretary and the non-Federal
interests for the project shall work with the Director of the Federal
Emergency Management Agency to ensure the validity of the maps
developed under the project for flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements with the
non-Federal interests or provide reimbursements of project costs.
(e) Federal Share.--The Federal share of the cost of the project
shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000.
SEC. 5071. 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. 5072. 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''.
(c) Nonprofit Entities and Monitoring.--Section 519 of such Act
(114 Stat. 2654) is amended by adding at the end the following:
``(h) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include a nonprofit entity with the consent of the
affected local government.
``(i) Monitoring.--The Secretary shall develop an Illinois river
basin monitoring program to support the plan referred to in subsection
(b). Data collected under the monitoring program shall incorporate data
provided by the State of Illinois and shall be publicly accessible
through electronic means.''.
SEC. 5073. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS.
In carrying out the project for storm damage reduction and
shoreline erosion protection, Lake Michigan, authorized by section
101(a)(12) of the Water Resources Development Act of 1996 (110 Stat.
3664), the Secretary shall reconstruct the Promontory Point section
consistent with the original limestone step design. Additional costs
associated with such reconstruction shall be a non-Federal
responsibility. The costs of reconstruction not consistent with the
original limestone step design shall be a non-Federal responsibility.
SEC. 5074. SOUTHWEST ILLINOIS.
(a) Southwest Illinois Defined.--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. 5075. BURNS WATERWAY HARBOR, INDIANA.
The Secretary shall conduct a study of shoaling in the vicinity of
Burns Waterway Harbor, Indiana, to determine if the shoaling is the
result of a Federal navigation project, and, if the Secretary
determines that the shoaling is the result of a Federal navigation
project, the Secretary shall carry out a project to mitigate the
shoaling under section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426).
SEC. 5076. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Development Act of 1992
(113 Stat. 335; 117 Stat. 1843) is amended--
(1) by striking ``$30,000,000'' and inserting the
following:
``(A) In general.--$30,000,000'';
(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 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. 5077. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA.
(a) In General.--The Secretary shall provide assistance for a
project to develop maps identifying 100- and 500-year flood inundation
areas in the State of Iowa, along the Missouri River.
(b) Requirements.--Maps developed under the project shall include
hydrologic and hydraulic information and shall accurately portray the
flood hazard areas in the floodplain. The maps shall be produced in a
high resolution format and shall be made available to the State of Iowa
in an electronic format.
(c) Participation of FEMA.--The Secretary and the non-Federal
interests for the project shall work with the Director of the Federal
Emergency Management Agency to ensure the validity of the maps
developed under the project for flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements with the
non-Federal interests or provide reimbursements of project costs.
(e) Federal Share.--The Federal share of the cost of the project
shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 5078. 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. 5079. CUMBERLAND RIVER BASIN, KENTUCKY.
At reservoirs managed by the Secretary above Cumberland River mile
385.5 within the Cumberland River basin, Kentucky, the Secretary shall
charge fees associated with storage and maintenance of water supply
that do not exceed the fees in effect on October 1, 2002.
SEC. 5080. LOUISVILLE, KENTUCKY.
(a) In General.--Section 557 of the Water Resources Development Act
of 1999 (113 Stat. 353) is amended--
(1) in the section heading by inserting ``kentucky and''
before ``northern west virginia''; and
(2) by adding at the end the following:
``(4) Louisville, kentucky.--Report of the Corps of
Engineers entitled `Louisville Waterfront Park, Phase II,
Kentucky, Master Plan', dated July 22, 2002, at a total cost of
$32,000,000, with an estimated Federal cost of $16,000,000 and
an estimated non-Federal cost of $16,000,000.''.
(b) Conforming Amendment.--In the table of contents contained in
section 1(b) of such Act strike the item relating to section 557 and
insert the following:
``Sec. 557. Kentucky and Northern West Virginia.''.
SEC. 5081. 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. 5082. 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. 5083. PADUCAH, KENTUCKY.
The Secretary shall complete a feasibility report for
rehabilitation of the project for flood damage reduction, Paducah,
Kentucky, and, if the Secretary determines that the project is
feasible, the Secretary shall carry out the project at a total cost of
$3,000,000.
SEC. 5084. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act of 1996 (110
Stat. 3773; 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 may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
SEC. 5085. WINCHESTER, KENTUCKY.
Section 219(c) of the Water Resources Development Act of 1992 (106
Stat. 4835; 114 Stat. 2763A-219) is amended by adding at the end the
following:
``(41) Winchester, kentucky.--Wastewater infrastructure,
Winchester, Kentucky.''.
SEC. 5086. 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. 5087. CALCASIEU SHIP CHANNEL, LOUISIANA.
The Secretary shall expedite completion of a dredged material
management plan for the Calcasieu Ship Channel, Louisiana, and may take
interim measures to increase the capacity of existing disposal areas,
or to construct new confined or beneficial use disposal areas, for the
channel.
SEC. 5088. CROSS LAKE, SHREVEPORT, LOUISIANA.
The Secretary may accept from the Department of the Air Force, and
may use, not to exceed $4,500,000 to assist the city of Shreveport,
Louisiana, with its plan to construct a water intake facility.
SEC. 5089. 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, 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. 5090. WEST BATON ROUGE PARISH, LOUISIANA.
(a) Modification of Study.--The study for waterfront and riverine
preservation, restoration, and enhancement, Mississippi River, West
Baton Rouge Parish, Louisiana, being carried out under Committee
Resolution 2570 of the Committee on Transportation and Infrastructure
of the House of Representatives adopted July 23, 1998, is modified--
(1) to add West Feliciana Parish and East Baton Rouge
Parish to the geographic scope of the study; and
(2) to direct the Secretary to credit toward the non-
Federal share the cost of the study and the non-Federal share
of the cost of any project authorized by law as a result of the
study 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 study
or project, as the case may be.
(b) Expedited Consideration.--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, West Feliciana,
and East Baton Rouge Parishes, Louisiana, project for
waterfront and riverine preservation, restoration, and
enhancement modifications.''.
SEC. 5091. CHARLESTOWN, MARYLAND.
(a) In General.--The Secretary may carry out a project for
nonstructural flood damage reduction and ecosystem restoration at
Charlestown, Maryland.
(b) Land Acquisition.--The flood damage reduction component of the
project may include the acquisition of private property from willing
sellers.
(c) Justification.--Any nonstructural flood damage reduction
project to be carried out under this section that will result in the
conversion of property to use for ecosystem restoration and wildlife
habitat shall be justified based on national ecosystem restoration
benefits.
(d) Use of Acquired Property.--Property acquired under this section
shall be maintained in public ownership for ecosystem restoration and
wildlife habitat.
(e) Ability to Pay.--In determining the appropriate non-Federal
cost share for the project, the Secretary shall determine the ability
of Cecil County, Maryland, to participate as a cost-sharing non-Federal
interest in accordance with section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section.
SEC. 5092. DELMARVA CONSERVATION CORRIDOR, MARYLAND AND DELAWARE.
(a) Assistance.--The Secretary may provide technical assistance to
the Secretary of Agriculture for use in carrying out the Conservation
Corridor Demonstration Program established under subtitle G of title II
of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; 116 Stat. 275).
(b) Coordination and Integration.--In carrying out water resources
projects in Maryland and Delaware on the Delmarva Peninsula, the
Secretary shall coordinate and integrate those projects, to the maximum
extent practicable, with any activities carried out to implement a
conservation corridor plan approved by the Secretary of Agriculture
under section 2602 of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3801 note; 116 Stat. 275).
SEC. 5093. MASSACHUSETTS DREDGED MATERIAL DISPOSAL SITES.
The Secretary may cooperate with Massachusetts in the management
and long-term monitoring of aquatic dredged material disposal sites
within the State, and is authorized to accept funds from the State to
carry out such activities.
SEC. 5094. ONTONAGON HARBOR, MICHIGAN.
The Secretary shall conduct a study of shore damage in the vicinity
of the project for navigation, Ontonagon Harbor, Ontonagon County,
Michigan, authorized by section 101 of the Rivers and Harbors Act of
1962 (76 Stat. 1176, 100 Stat. 4213, 110 Stat. 3730), 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. 5095. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
(a) Ecosystem Restoration.--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.
(b) Plan.--Section 426(d) of the Water Resources Development Act of
1999 (113 Stat. 326) is amended by striking ``$400,000'' and inserting
``$475,000''.
SEC. 5096. CROOKSTON, MINNESOTA.
The Secretary shall conduct a study for a project for emergency
streambank protection along the Red Lake River in Crookston, Minnesota,
and, if the Secretary determines that the project is feasible, the
Secretary 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. 5097. 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 ``township and crow wing and mille lacs counties'';
(2) by striking ``$11,000,000'' and inserting
``$17,000,000'';
(3) by inserting ``, Crow Wing County, Mille Lacs County,''
after ``Garrison''; and
(4) 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 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. 5098. MINNEAPOLIS, MINNESOTA.
(a) Conveyance.--The Secretary shall convey to the city of
Minneapolis by quitclaim deed and without consideration all right,
title, and interest of the United States to the property known as the
War Department (Fort Snelling Interceptor) Tunnel in Minneapolis,
Minnesota.
(b) Applicability of Property Screening Provisions.--Section 2696
of title 10, United States Code, shall not apply to the conveyance
under this section.
SEC. 5099. 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), 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. 5100. 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 in-kind services and materials.
SEC. 5101. 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. 5102. ST. LOUIS, MISSOURI.
Section 219(f)(32) of the Water Resources Development Act of 1992
(113 Stat. 337) is amended by striking ``$15,000,000'' and inserting
``$35,000,000''.
SEC. 5103. ACID BROOK, POMPTON LAKES, NEW JERSEY.
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),
Acid Brook, Pompton Lakes, New Jersey, if the Secretary determines that
the project is feasible.
SEC. 5104. 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 the non-Federal share 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. 5105. CENTRAL NEW MEXICO, NEW MEXICO.
(a) Authorization of Appropriations.--Section 593(h) of the Water
Resources Development Act of 1999 (113 Stat. 381) is amended by
striking ``$25,000,000'' and inserting ``$40,000,000''.
(b) Corps of Engineers Expenses.--Section 593 of such Act (113
Stat. 381) is amended by adding at the end the following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.''.
SEC. 5106. 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 adding 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 2004, and $7,500,000 for fiscal years
beginning after September 30, 2004,''.
(d) Tsunami Warning System.--Section 404 of the Water Resources
Development Act of 1992 (106 Stat. 4863) is amended by adding at the
end the following:
``(d) Tsunami Warning System.--There is authorized to be
appropriated $800,000 for the Secretary to carry out a project for a
tsunami warning system, Atlantic Coast of New York.''.
SEC. 5107. COLLEGE POINT, NEW YORK CITY, NEW YORK.
In carrying out section 312 of the Water Resources Development Act
of 1990 (104 Stat. 4639), the Secretary shall give priority to work in
College Point, New York City, New York.
SEC. 5108. 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. 5109. HUDSON RIVER, NEW YORK.
The Secretary may participate with the State of New York, New York
City, and the Hudson River Park Trust in carrying out activities to
restore critical marine habitat, improve safety, and protect and
rehabilitate critical infrastructure. There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5110. MOUNT MORRIS DAM, NEW YORK.
As part of the operation and maintenance of the Mount Morris Dam,
New York, the Secretary may make improvements to the access road for
the dam to provide safe access to a Federal visitor's center.
SEC. 5111. ONONDAGA LAKE, NEW YORK.
Section 573 of the Water Resources Development Act of 1999 (113
Stat. 372) 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 interest may include a
nonprofit entity, with the consent of the affected local government.''.
SEC. 5112. 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. 5113. 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. 5114. W. KERR SCOTT DAM AND RESERVOIR, NORTH CAROLINA.
The Secretary shall remove debris from the joint intake at the W.
Kerr Scott Dam and Reservoir, North Carolina.
SEC. 5115. OHIO.
Section 594 of the Water Resources Development Act of 1999 (113
Stat. 381) is amended--
(1) in subsection (b) by striking ``design and
construction'' and inserting ``planning, design, and
construction'';
(2) in subsection (g) by striking ``$60,000,000'' and
inserting ``$100,000,000''; and
(3) by adding at the end the following:
``(h) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5(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. 5116. TOUSSAINT RIVER, OHIO.
(a) In General.--The project for navigation, Toussaint River,
Carroll Township, Ohio, authorized by section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577), is modified to authorize the
Secretary to enter into an agreement with the non-Federal interest
under which the Secretary may--
(1) acquire, and transfer to the non-Federal interest, a
dredge and associated equipment with the capacity to perform
operation and maintenance of the project; and
(2) provide the non-Federal interest with a lump-sum
payment to cover all future costs of operation and maintenance
of the project.
(b) Agreement.--The Secretary may carry out subsection (a)(1) by
entering into an agreement with the non-Federal interest under which
the non-Federal interest may acquire the dredge and associated
equipment directly and be reimbursed by the Secretary.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $1,800,000 to carry out this section. Of such funds,
$500,000 may be used to carry out subsection (a)(1).
(d) Release.--Upon the acquisition and transfer of a dredge and
associated equipment under subsection (a)(1), and the payment of funds
under subsection (a)(2), all future Federal responsibility for
operation and maintenance of the project is extinguished.
SEC. 5117. 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, the
Secretary 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. 5118. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OREGON AND WASHINGTON.
(a) In General.--The Secretary shall pay not more than $2,500,000
to the provider of research and curation support previously provided to
the Federal Government as a result of--
(1) the multipurpose project at 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
(2) 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. 5119. 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 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) Reversion.--If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership,
all right, title, and interest in and to the property shall revert to
the United States, at the option of the United States.
(e) 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. 5120. ALLEGHENY COUNTY, PENNSYLVANIA.
Section 219(f)(66) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended--
(1) by striking ``$20,000,000'' and inserting the
following:
``(A) In general.--$20,000,000'';
(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 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
(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. 5121. CLINTON COUNTY, PENNSYLVANIA.
Section 219(f)(13) of the Water Resources Development Act of 1992
(113 Stat. 335) is amended by striking ``$1,000,000'' and inserting
``$2,000,000''.
SEC. 5122. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA.
The Secretary shall use existing water quality data to model the
effects of the Francis E. Walter Dam, at different water levels, to
determine its impact on water and related resources in and along the
Lehigh River in Lehigh County, Pennsylvania. There is authorized to be
appropriated $500,000 to carry out this section.
SEC. 5123. 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. 5124. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
(a) Study and Strategy Development.--Section 567(a) of the Water
Resources Development Act of 1996 (110 Stat. 3787; 114 Stat. 2662) is
amended--
(1) in the matter preceding paragraph (1) by inserting
``and carry out'' after ``develop''; and
(2) in paragraph (2) by striking ``$10,000,000.'' and
inserting ``$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.''.
(b) Cooperative Agreements.--Section 567(c) of such Act (114 Stat.
2662) is amended--
(1) in the subsection heading by striking ``Cooperation''
and inserting ``Cooperative''; and
(2) in the first sentence--
(A) by inserting ``and carrying out'' after
``developing''; and
(B) by striking ``cooperation'' and inserting
``cost-sharing and cooperative''.
(c) Implementation of Strategy.--Section 567(d) of such Act (114
Stat. 2663) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) in the second sentence of paragraph (1) (as so
designated)--
(A) by striking ``implement'' and inserting ``carry
out''; and
(B) by striking ``implementing'' and inserting
``carrying out'';
(3) by adding at the end the following:
``(2) Priority project.--In carrying out projects to
implement the strategy, the Secretary shall give priority to
the project for ecosystem restoration, Cooperstown, New York,
described in the Upper Susquehanna River Basin--Cooperstown
Area Ecosystem Restoration Feasibility Study, dated December
2004, prepared by the Corps of Engineers and the New York State
Department of Environmental Conservation.''; and
(4) 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 (3) of this subsection).
(d) Credit.--Section 567 of such Act (110 Stat. 3787; 114 Stat.
2662) is amended by adding at the end the following:
``(e) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of a project under this section--
``(1) 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
``(2) the cost of in-kind services and materials provided
for the project by the non-Federal interest.''.
SEC. 5125. 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, the Secretary
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. 5126. 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. 5127. EAST TENNESSEE.
(a) East Tennessee Defined.--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,
environmental restoration, 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
cost 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 cost.
(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 cost (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 cost.
(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. 5128. 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. 5129. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE.
The Secretary shall plan, design, and construct a trail system at
the J. Percy Priest Dam and Reservoir, 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. 5130. 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 County, 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. 5131. 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 River
and Harbor 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. 5132. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS, AND
MISSISSIPPI.
The Secretary may participate with non-Federal and nonprofit
entities to address issues concerning managing groundwater as a
sustainable resource through the Upper Mississippi Embayment,
Tennessee, Arkansas, and Mississippi, and coordinating the protection
of groundwater supply and groundwater quality with local surface water
protection programs. There is authorized to be appropriated $5,000,000
to carry out this section.
SEC. 5133. BOSQUE RIVER WATERSHED, TEXAS.
(a) Comprehensive Plan.--The Secretary, in consultation with
appropriate Federal, State, and local entities, shall develop, as
expeditiously as practicable, a comprehensive plan for development of
new technologies and innovative approaches for restoring, preserving,
and protecting the Bosque River watershed within Bosque, Hamilton,
McLennan, and Erath Counties, Texas. The Secretary, in cooperation with
the Secretary of Agriculture, may carry out activities identified in
the comprehensive plan to demonstrate practicable alternatives for
stabilization and enhancement of land and water resources in the basin.
(b) Services of Public Non-Profit Institutions and Other
Entities.--In carrying out subsection (a), the Secretary may utilize,
through contracts or other means, the services of public non-profit
institutions and such other entities as the Secretary considers
appropriate.
(c) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
activities carried out under this section shall be 35 percent.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under this
section the cost of planning, design, and construction work
completed by or on behalf of the non-Federal interests for
implementation of measures constructed with assistance provided
under this section. The amount of such credit shall not exceed
the non-Federal share of the cost of such activities.
(3) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance for measures constructed
with assistance provided under this section shall be 100
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 5134. DALLAS COUNTY REGION, TEXAS.
(a) Dallas County Region Defined.--In this section, the term
``Dallas County region'' means the city of Dallas, and the
municipalities of DeSoto, Duncanville, Lancaster, Wilmer, Hutchins,
Balch Springs, Cedar Hill, Glenn Heights, and Ferris, Texas.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
the Dallas County region.
(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 the Dallas County region, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, 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 such credit may not 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. 5135. DALLAS FLOODWAY, DALLAS, TEXAS.
(a) In General.--The Secretary shall review the Balanced Vision
Plan for the Trinity River Corridor, Dallas, Texas, dated December 2003
and amended in March 2004, prepared by the non-Federal interest for the
project for flood damage reduction and other purposes, Dallas Floodway,
Dallas, Texas, and, if the Secretary determines that the project is
technically sound and environmentally acceptable, shall carry out the
project at a total cost of $194,000,000, with an estimated Federal cost
of $126,100,000 and an estimated non-Federal cost of $67,900,000.
(b) Credit.--
(1) In-kind contributions.--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 the
work is integral to the project.
(2) Cash contributions.--The Secretary shall accept funds
provided by the non-Federal interests for use in carrying out
planning, engineering, and design for the project. The Federal
share of such planning, engineering, and design carried out
with non-Federal contributions shall be credited against the
non-Federal share of project costs.
SEC. 5136. HARRIS COUNTY, TEXAS.
(a) In General.--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''.
(b) Specific Projects.--Section 575(b) of such Act (110 Stat. 3789;
113 Stat. 311) is amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period at the end and
inserting ``; and''; and
(3) by adding the following:
``(5) the project for flood control, Upper White Oak Bayou,
Texas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4125).''.
SEC. 5137. 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
in the period beginning 2 years before the date of initiation of the
study and ending on the date of execution of the partnership agreement
for construction of the project 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. 5138. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA.
The Secretary shall accept funds from the National Park Service to
restore Dyke Marsh, Fairfax County, Virginia.
SEC. 5139. EASTERN SHORE AND SOUTHWEST VIRGINIA.
Section 219(f)(10) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335) is amended--
(1) by striking ``$20,000,000 for water supply and
wastewater infrastructure'' and inserting the following:
``(A) In general.--$20,000,000 for water supply,
wastewater infrastructure, and environmental
restoration'';
(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 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
(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. 5140. JAMES RIVER, VIRGINIA.
The Secretary shall accept funds from the National Park Service to
provide technical and project management assistance for the James
River, Virginia, with a particular emphasis on locations along the
shoreline adversely impacted by Hurricane Isabel.
SEC. 5141. 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. 5142. 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. 5143. 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. 5144. WILLAPA BAY, WASHINGTON.
Section 545 of the Water Resources Development Act of 2000 (114
Stat. 2675) is amended--
(1) in subsection (b)(1) by striking ``may construct'' and
inserting ``shall construct''; and
(2) by inserting ``and ecosystem restoration'' after
``erosion protection'' each place it appears.
SEC. 5145. 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. 5146. 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) Priority Communities.--Section 581(b) of the Water Resources
Development Act of 1996 (110 Stat. 3791) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) Etna, Pennsylvania, in the Pine Creek watershed; and
``(8) Millvale, Pennsylvania, in the Girty's Run River
basin.''.
(c) 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. 5147. 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. 5148. 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. 5149. 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 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. 5150. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN.
The Secretary shall conduct a study of the Johnsonville Dam,
Johnsonville, Wisconsin, to determine if the structure prevents ice
jams on the Sheboygan River.
SEC. 5151. 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.--A project for flood control,
Buffalo Bayou, Texas, to provide an alternative to the project
authorized by the first section of the River and Harbor Act of
June 20, 1938 (52 Stat. 804) and modified by section 3a of the
Flood Control Act of August 11, 1939 (53 Stat. 1414).
``(10) Halls bayou, texas.--A project for flood control,
Halls Bayou, Texas, to provide an alternative to the project
for flood control, Buffalo Bayou and tributaries, Texas,
authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (104 Stat. 4610).
``(11) St. paul downtown airport (holman field), st. paul,
minnesota.--The project for flood damage reduction, St. Paul
Downtown Airport (Holman Field), St. Paul, Minnesota.
``(12) Thornton reservoir, cook county, illinois.--The
project for flood control, Chicago Underflow Plan, Thornton
Reservoir, Cook County, Illinois.
``(13) Larose to golden meadow, louisiana.--The project for
flood control, Larose to Golden Meadow, Louisiana.
``(14) Perris, california.--The project for flood control,
Perris, California.''.
SEC. 5152. 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. 5153. 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--
(1) by striking the undesignated paragraph relating to
Charleston, South Carolina, and inserting the following:
``(72) Charleston, south carolina.--$20,000,000 for
wastewater infrastructure, including wastewater collection
systems, and stormwater system improvements, Charleston, South
Carolina.'';
(2) by redesignating the paragraph (71) relating to Placer
and El Dorado Counties, California, as paragraph (73);
(3) by redesignating the paragraph (72) relating to Lassen,
Plumas, Butte, Sierra, and Nevada Counties, California, as
paragraph (74);
(4) by striking the paragraph (71) relating to
Indianapolis, Indiana, and inserting the following:
``(75) Indianapolis, indiana.--$6,430,000 for environmental
infrastructure for Indianapolis, Indiana.'';
(5) by redesignating the paragraph (73) relating to St.
Croix Falls, Wisconsin, as paragraph (76); and
(6) by adding at the end the following:
``(77) St. clair county, alabama.--$5,000,000 for water
related infrastructure, St. Clair County, Alabama.
``(78) Crawford county, arkansas.--$35,000,000 for water
supply infrastructure, Crawford County, Arkansas.
``(79) Brawley colonia, imperial county, california.--
$1,400,000 for water infrastructure to improve water quality in
the Brawley Colonia Water District, Imperial County,
California.
``(80) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for the
Contra Costa Water District, California.
``(81) 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.
``(82) Imperial county, california.--$10,000,000 for
wastewater infrastructure, including a wastewater disinfection
facility and polishing system, to improve water quality in the
vicinity of Calexico, California, on the southern New River,
Imperial County, California.
``(83) Richmond, california.--$25,000,000 for a recycled
water treatment facility, Richmond, California.
``(84) Santa clara county, california.--$5,500,000 for an
advanced recycling water treatment plant in Santa Clara County,
California.
``(85) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the
groundwater basin optimization pipeline, Southern Los Angeles
County, California.
``(86) Sweetwater reservoir, san diego county,
california.--$375,000 to improve water quality, and remove
nonnative aquatic species from the Sweetwater Reservoir, San
Diego County, California.
``(87) Whittier, california.--$8,000,000 for water,
wastewater, and water related infrastructure, Whittier,
California.
``(88) Montezuma and la plata counties, colorado.--
$1,000,000 for water and wastewater related infrastructure for
the Ute Mountain project, Montezuma and La Plata Counties,
Colorado.
``(89) Pueblo and otero counties, colorado.--$34,000,000
for water transmission infrastructure, Pueblo and Otero
Counties, Colorado.
``(90) Ledyard and montville, connecticut.--$7,113,000 for
water infrastructure, Ledyard and Montville, Connecticut.
``(91) 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.
``(92) Washington, district of columbia.--$35,000,000 for
implementation of a combined sewer overflow long-term control
plan, Washington, District of Columbia.
``(93) Charlotte county, florida.--$3,000,000 for water
supply infrastructure, Charlotte County, Florida.
``(94) Charlotte, lee, and collier counties, florida.--
$20,000,000 for water supply interconnectivity infrastructure,
Charlotte, Lee, and Collier Counties, Florida.
``(95) Collier county, florida.--$5,000,000 for water
infrastructure to improve water quality in the vicinity of the
Gordon River, Collier County, Florida.
``(96) Jacksonville, florida.--$25,000,000 for wastewater
related infrastructure, including septic tank replacements,
Jacksonville, Florida.
``(97) North vernon and butlerville, indiana.--$1,700,000
for wastewater infrastructure, North Vernon and Butlerville,
Indiana.
``(98) Salem, washington county, indiana.--$3,200,000 for
water supply infrastructure, Salem, Washington County, Indiana.
``(99) Central kentucky.--$10,000,000 for water related
infrastructure and resource protection and development, Scott,
Franklin, Woodford, Anderson, Fayette, Mercer, Jessamine,
Boyle, Lincoln, Garrard, Madison, Estill, Powell, Clark,
Montgomery, and Bourbon Counties, Kentucky.
``(100) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine, Louisiana.
``(101) City of biloxi, city of gulfport, and harrison
county, mississippi.--$15,000,000 for water and wastewater
related infrastructure, city of Biloxi, city of Gulfport, and
Harrison County, Mississippi.
``(102) Clark county, nevada.--$30,000,000 for wastewater
infrastructure, Clark County, Nevada.
``(103) Henderson, nevada.--$5,000,000 for wastewater
infrastructure, Henderson, Nevada.
``(104) Paterson, new jersey.--$35,000,000 for wastewater
infrastructure, Paterson, New Jersey.
``(105) Sennett, new york.--$1,500,000 for water
infrastructure, Town of Sennett, New York.
``(106) Springport and fleming, new york.--$10,000,000 for
water related infrastructure, including water mains, pump
stations, and water storage tanks, Springport and Fleming, New
York.
``(107) Cabarrus county, north carolina.--$4,500,000 for
water related infrastructure, Cabarrus County, North Carolina.
``(108) Richmond county, north carolina.--$8,000,000 for
water related infrastructure, Richmond County, North Carolina.
``(109) Union county, north carolina.--$6,000,000 for
wastewater infrastructure, Union County, North Carolina.
``(110) Lake county, ohio.--$1,500,000 for wastewater
infrastructure, Lake County, Ohio.
``(111) Mentor-on-lake, ohio.--$625,000 for water and
wastewater infrastructure, Mentor-on-Lake, Ohio.
``(112) Willowick, ohio.--$665,000 for water and wastewater
infrastructure, Willowick, Ohio.
``(113) Albany, oregon.--$35,000,000 for wastewater
infrastructure to improve water quality, Albany, Oregon.
``(114) Borough of stockerton, borough of tatamy, and
palmer township, pennsylvania.--$10,000,000 for stormwater
control measures, particularly to address sinkholes, in the
vicinity of the Borough of Stockerton, the Borough of Tatamy,
and Palmer Township, Pennsylvania.
``(115) Hatfield borough, pennsylvania.--$310,000 for
wastewater related infrastructure for Hatfield Borough,
Pennsylvania.
``(116) Lehigh county, pennsylvania.--$5,000,000 for
stormwater control measures and storm sewer improvements,
Lehigh County, Pennsylvania.
``(117) North wales borough, pennsylvania.--$1,516,584 for
wastewater related infrastructure for North Wales Borough,
Pennsylvania.
``(118) Pen argyl, pennsylvania.--$5,250,000 for wastewater
infrastructure, Pen Argyl, Pennsylvania.
``(119) Philadelphia, pennsylvania.--$1,600,000 for
wastewater related infrastructure for Philadelphia,
Pennsylvania.
``(120) Vera cruz, pennsylvania.--$5,500,000 for wastewater
infrastructure, Vera Cruz, Pennsylvania.
``(121) Commonwealth of puerto rico.--$35,000,000 for water
and wastewater infrastructure in the Commonwealth of Puerto
Rico.
``(122) Cross, south carolina.--$2,000,000 for water
related environmental infrastructure, Cross, South Carolina.
``(123) Myrtle beach, south carolina.--$6,000,000 for
environmental infrastructure, including ocean outfalls, Myrtle
Beach, South Carolina.
``(124) North myrtle beach, south carolina.--$6,000,000 for
environmental infrastructure, including ocean outfalls, North
Myrtle Beach, South Carolina.
``(125) Surfside, south carolina.--$6,000,000 for
environmental infrastructure, including stormwater system
improvements and ocean outfalls, Surfside, South Carolina.
``(126) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.
``(127) Duchesne, iron, and uintah counties, utah.--
$10,800,000 for water related infrastructure, Duchesne, Iron,
and Uintah Counties, Utah.
``(128) Monroe, north carolina.--$11,500,000 for water
related infrastructure, including water supply reservoir
dredging, Monroe, North Carolina.
``(129) Charlotte, north carolina.--$5,000,000 for phase II
of the Briar Creek wastewater project, Charlotte, North
Carolina.
``(130) Los angeles county, california.--$3,000,000 for
wastewater and water related infrastructure, Diamond Bar, La
Habra Heights, and Rowland Heights, Los Angeles County,
California.
``(131) Orange county, california.--$15,000,000 for
wastewater and water related infrastructure, Anaheim, Brea, La
Habra, Mission Viejo, Rancho Santa Margarita, and Yorba Linda,
Orange County, California.
``(132) San bernadino county, california.--$9,000,000 for
wastewater and water related infrastructure, Chino and Chino
Hills, San Bernadino County, California.
``(133) Fayetteville, grantville, lagrange, pine mountain
(harris county), douglasville, and carrollton, georgia.--
$24,500,000 for water and wastewater infrastructure,
Fayetteville, Grantville, LaGrange, Pine Mountain (Harris
County), Douglasville, and Carrollton, Georgia.
``(134) Meriwether and spalding counties, georgia.--
$7,000,000 for water and wastewater infrastructure, Meriwether
and Spalding Counties, Georgia.
``(135) Arcadia, sierra madre, and upland, california.--
$33,000,000 for water and wastewater infrastructure, Arcadia,
Sierra Madre, and Upland, California, including $13,000,000 for
stormwater infrastructure for Upland, California.
``(136) Ft. bend county, texas.--$20,000,000 for wastewater
infrastructure, Ft. Bend County, Texas.
``(137) New river, california.--$10,000,000 for wastewater
infrastructure to improve water quality in the New River,
California.
``(138) Big bear area regional wastewater agency,
california.--$15,000,000 for water reclamation and
distribution, Big Bear Area Regional Wastewater Agency,
California.
``(139) Lake nacimiento, california.--$25,000,000 for water
supply infrastructure for the communities of Atascadero, Paso
Robles, Templeton, and San Luis Obispo, San Luis Obispo County,
California.
``(140) Otero, bent, crowley, kiowa, and prowers counties,
colorado.--$35,000,000 for water transmission infrastructure,
Otero, Bent, Crowley, Kiowa, and Prowers Counties, Colorado.
``(141) Saipan, northern mariana islands.--$20,000,000 for
water related infrastructure, Saipan, Northern Mariana Islands.
``(142) Stockton, california.--$33,000,000 for water
treatment and distribution infrastructure, Stockton,
California.
``(143) Jackson, mississippi.--$25,000,000 for water and
wastewater infrastructure, Jackson, Mississippi.
``(144) Crooked creek, marlboro county, south carolina.--
$25,000,000 for a project for water storage and water supply
infrastructure on Crooked Creek, Marlboro County, South
Carolina.
``(145) Central texas.--$20,000,000 for water and
wastewater infrastructure in Bosque, Brazos, Burleson, Grimes,
Hill, Hood, Johnson, Madison, McLennan, Limestone, Robertson,
and Somervell Counties, Texas.
``(146) El paso county, texas.--$25,000,000 for water
related infrastructure and resource protection and development,
El Paso County, Texas.
``(147) Northern west virginia.--$20,000,000 for water and
wastewater infrastructure in Hancock, Ohio, Marshall, Wetzel,
Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion,
Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant,
Gilmer, Brooke, Ritchie Counties, West Virginia.''.
TITLE VI--FLORIDA EVERGLADES
SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA.
(a) Modification.--The project for Hillsboro and Okeechobee
Aquifer, Florida, authorized by section 101(a)(16) of the Water
Resources Development Act of 1999 (113 Stat. 276), is modified to
authorize the Secretary to carry out the project at a total cost of
$39,200,000.
(b) Treatment.--Section 601(b)(2)(A) of the Water Resources
Development Act of 2000 (114 Stat. 2681) is amended--
(1) 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, except that operation and maintenance costs of the
project shall remain a non-Federal responsibility.''; and
(2) in clause (iii) by inserting after ``subparagraph (B)''
the following: ``and the project for aquifer storage and
recovery, Hillsboro and Okeechobee Aquifer''.
SEC. 6002. PILOT PROJECTS.
Section 601(b)(2)(B) of the Water Resources Development Act of 2000
(114 Stat. 2681) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``$69,000,000'' and inserting
``$71,200,000''; and
(B) by striking ``$34,500,000'' each place it
appears and inserting ``$35,600,000''; and
(2) in clause (i)--
(A) by striking ``$6,000,000'' and inserting
``$8,200,000''; and
(B) by striking ``$3,000,000'' each place it
appears and inserting ``$4,100,000''.
SEC. 6003. MAXIMUM COST OF PROJECTS.
Section 601(b)(2)(E) of the Water Resources Development Act of 2000
(114 Stat. 2683) is amended by inserting ``and section (d)'' before the
period at the end.
SEC. 6004. PROJECT AUTHORIZATION.
Section 601(d) of the Water Resources Development Act of 2000 (114
Stat. 2684) is amended by adding at the end the following:
``(3) Project authorization.--The following project for
water resources development and conservation and other purposes
is authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the report designated in this paragraph:
``(A) Indian river lagoon south, florida.--The
project for ecosystem restoration, water supply, flood
damage reduction, and protection of water quality,
Indian River Lagoon South, Florida: Report of the Chief
of Engineers dated August 6, 2004, at a total cost of
$1,210,608,000, with an estimated Federal cost of
$605,304,000 and an estimated non-Federal cost of
$605,304,000.
``(4) Project subject to a final report.--The following
project for water resources development and conservation and
other purposes is authorized to be carried out by the Secretary
substantially in accordance with a final report of the Chief of
Engineers:
``(A) Picayune strand, florida.--The project for
environmental restoration, Picayune Strand, Florida, at
a total cost of $349,422,000, with an estimated Federal
cost of $174,711,000 and an estimated non-Federal cost
of $174,711,000, if a favorable report of the Chief is
completed not later than December 31, 2005.''.
SEC. 6005. CREDIT.
Section 601(e)(5)(B) of the Water Resources Development Act of 2000
(114 Stat. 2685) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by adding ``or'' at the end of subclause (II);
and
(C) by adding at the end the following:
``(III) the credit is provided for work
carried out before the date of the partnership
agreement between the Secretary and the non-
Federal sponsor, as defined in an agreement
between the Secretary and the non-Federal
sponsor providing for such credit;''; and
(2) in clause (ii)--
(A) by striking ``design agreement or the project
cooperation''; and
(B) by inserting before the semicolon the
following: ``, including in the case of credit provided
under clause (i)(III) conditions relating to design and
construction''.
SEC. 6006. OUTREACH AND ASSISTANCE.
Section 601(k) of the Water Resources Development Act of 2000 (114
Stat. 2691) 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, 2004, to carry out this subsection.''.
SEC. 6007. 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. 6008. DEAUTHORIZATIONS.
As of the date of enactment of this Act, the following projects are
not authorized:
(1) The uncompleted portions of the project authorized by
section 601(b)(2)(C)(i) of the Water Resources Development Act
of 2000 (114 Stat. 2682), C-44 Basin Storage Reservoir of the
Comprehensive Everglades Restoration Plan.
(2) The uncompleted portions of the project authorized by
section 203 of the Flood Control Act of 1968 (82 Stat. 740),
Martin County, Florida modifications to the Central and South
Florida Project, as contained in Senate Document 101, 90th
Congress, 2d Session.
(3) The uncompleted portions of the project authorized by
section 203 of the Flood Control Act of 1968 (82 Stat. 740),
East Coast Backpumping, St. Lucie--Martin County, Spillway
Structure S-311 of the Central and South Florida Project, as
contained in House Document 369, 90th Congress, 2d Session.
SEC. 6009. MODIFIED WATER DELIVERY.
(a) Tamiami Trail.--The Secretary shall not carry out a project for
raising Tamiami Trail, Florida, until such date as the project is
specifically authorized by law.
(b) Reports.--The Secretary shall submit to Congress reports
recommending specific authorizations in law for--
(1) changes to the project to improve water deliveries to
Everglades National Park, authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r-8), if necessary;
(2) a project to raise Tamiami Trail, Florida, if
necessary; and
(3) a combined structural and operational plan for the C-
111 Canal Project, authorized by section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), and modified by section
203 of the Flood Control Act of 1968 (82 Stat. 740), and
further modified by section 316 of the Water Resources
Development Act of 1996 (110 Stat. 3715), and the project to
improve water deliveries to Everglades National Park.
TITLE VII--LOUISIANA COASTAL AREA
SEC. 7001. DEFINITIONS.
In this title, 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 and the Pearl River on the east,
including those parts of the Deltaic Plain and the Chenier
Plain included within the study area of the Plan.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Louisiana.
(3) Plan.--The term ``Plan'' means the report of the Chief
of Engineers for ecosystem restoration for the Louisiana
Coastal Area dated January 31, 2005.
(4) Task force.--The term ``Task Force'' means the Coastal
Louisiana Ecosystem Protection and Restoration Task Force
established by section 7003.
SEC. 7002. ADDITIONAL REPORTS.
(a) Mississippi River Gulf Outlet.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit to
Congress a report recommending modifications to the Mississippi River
Gulf Outlet to address navigation, salt water intrusion, channel bank
erosion, mitigation, and threats to life and property.
(b) Chenier Plain.--Not later than July 1, 2006, the Secretary
shall submit to Congress a report recommending near-term ecosystem
restoration measures for the Chenier Plain, Louisiana.
(c) Long-Term Plan.--
(1) Comprehensive framework.--Not later than one year after
the date of enactment of this section, the Secretary shall
submit to Congress a recommended framework for developing a
long-term program that provides for the comprehensive
protection, conservation, and restoration of the wetlands,
estuaries (including Barataria-Terrebonne Estuary), barrier
islands, and related land and features that protect critical
resources, habitat, and infrastructure in the coastal Louisiana
ecosystem from the impacts of coastal storms, hurricanes,
erosion, and subsidence.
(2) Consideration.--In developing the recommended
framework, the Secretary shall consider integrating other
Federal or State projects or activities within the coastal
Louisiana ecosystem into the long-term restoration program.
(3) Comprehensive plan.--
(A) Deadline.--Not later than five years after the
date of enactment of this Act, the Secretary shall
submit to Congress a feasibility study recommending a
comprehensive, long-term, plan for the protection,
conservation, and restoration of the coastal Louisiana
ecosystem.
(B) Integration.--The comprehensive, long-term,
plan shall include recommendations for the integration
of ongoing Federal and State projects, programs, and
activities.
SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK
FORCE.
(a) 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):
(1) The Secretary.
(2) The Secretary of the Interior.
(3) The Secretary of Commerce.
(4) The Administrator of the Environmental Protection
Agency.
(5) The Secretary of Agriculture.
(6) The Secretary of Transportation.
(7) The Secretary of Energy.
(8) The Director of the Federal Emergency Management
Agency.
(9) The Commandant of the Coast Guard.
(10) The Coastal Advisor to the Governor.
(11) The Secretary of the Louisiana Department of Natural
Resources.
(12) A representative of the Louisiana Governor's Advisory
Commission on Coastal Restoration and Conservation.
(b) Duties of Task Force.--The Task Force shall--
(1) make recommendations to the Secretary regarding
policies, strategies, plans, programs, projects, and activities
for addressing protection, conservation, and restoration of the
coastal Louisiana ecosystem;
(2) prepare financial plans for each of the agencies
represented on the Task Force for funds proposed for the
protection, conservation, and restoration of the coastal
Louisiana ecosystem under authorities of each agency,
including--
(A) recommendations that identify funds from
current agency missions and budgets; and
(B) recommendations for coordinating individual
agency budget requests; and
(3) submit to Congress a biennial report that summarizes
the activities of the Task Force and progress towards the
purposes set forth in section 7002(c)(1).
(c) Procedures and Advice.--The Task Force shall--
(1) implement procedures to facilitate public participation
with regard to Task Force activities, including--
(A) providing advance notice of meetings;
(B) providing adequate opportunity for public input
and comment;
(C) maintaining appropriate records; and
(D) making a record of proceedings available for
public inspection; and
(2) establish such working groups as are necessary to
assist the Task Force in carrying out its duties.
(d) Compensation.--Members of the Task Force or any associated
working group may not receive compensation for their services as
members of the Task Force or working group.
(e) Travel Expenses.--Travel expenses incurred by members of the
Task Force, or members of an associated working group, in the
performance of their service on the Task Force or working group shall
be paid by the agency or entity that the member represents.
(f) Application of Federal Advisory Committee Act.--The Task Force
and any working group established by the Task Force shall not be
considered an advisory committee under the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 7004. INVESTIGATIONS.
(a) In General.--The Secretary shall conduct feasibility studies
for future authorization and large-scale studies substantially in
accordance with the Plan at a total cost $130,000,000.
(b) Existing Federally Authorized Water Resources Projects.--
(1) In general.--The Secretary shall review existing
federally authorized water resources projects in the coastal
Louisiana ecosystem in order to determine their consistency
with the purposes of this section and whether the projects have
the potential to contribute to ecosystem restoration through
revised operations or modified project features.
(2) Funding.--There is authorized to be appropriated
$10,000,000 to carry out this subsection.
SEC. 7005. CONSTRUCTION.
(a) Coastal Louisiana Ecosystem Program.--
(1) In general.--The Secretary shall carry out a coastal
Louisiana ecosystem program substantially in accordance with
the Plan, at a total cost of $50,000,000.
(2) Objectives.--The objectives of the program shall be
to--
(A) identify uncertainties about the physical,
chemical, geological, biological, and cultural baseline
conditions in the coastal Louisiana ecosystem;
(B) improve the State of knowledge of the physical,
chemical, geological, biological, and cultural baseline
conditions in the coastal Louisiana ecosystem; and
(C) identify and develop technologies, models, and
methods that could be useful in carrying out the
purposes of this title.
(3) Working groups.--The Secretary may establish such
working groups as are necessary to assist in carrying out this
subsection.
(4) Procedures and advice.--In carrying out this
subsection, the Secretary is authorized to enter into contracts
and cooperative agreements with scientific and engineering
experts in the restoration of aquatic and marine ecosystems,
including a consortium of academic institutions in Louisiana
and Mississippi for coastal restoration and enhancement through
science and technology.
(b) Demonstration Projects.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may carry out projects substantially in accordance
with the Plan for the purpose of resolving critical areas of
scientific or technological uncertainty related to the
implementation of the comprehensive plan to be developed under
section 7002(c)(3).
(2) Maximum cost.--
(A) Total cost.--The total cost for planning,
design, and construction of all demonstration projects
under this subsection shall not exceed $100,000,000.
(B) Individual project.--The total cost of an
individual demonstration project under this subsection
shall not exceed $25,000,000.
(c) Initial Projects.--The Secretary is authorized to carry out the
following projects substantially in accordance with the Plan:
(1) Mississippi River Gulf Outlet Environmental Restoration
at a total cost of $105,300,000.
(2) Small Diversion at Hope Canal at a total cost of
$68,600,000.
(3) Barataria Basin Barrier Shoreline Restoration at a
total cost of $242,600,000.
(4) Small Bayou Lafourche Reintroduction at a total cost of
$133,500,000.
(5) Medium Diversion at Myrtle Grove with Dedicated
Dredging at a total cost of $278,300,000.
(d) Beneficial Use of Dredged Material.--The Secretary,
substantially in accordance with the Plan, shall implement in the
coastal Louisiana ecosystem a program for the beneficial use of
material dredged from federally maintained waterways at a total cost of
$100,000,000.
SEC. 7006. NON-FEDERAL COST SHARE.
(a) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of a study authorized by section 7004 or a project
authorized by section 7005 the cost of work carried out in the coastal
Louisiana ecosystem by the non-Federal interest before the date of the
partnership agreement for the study or project, as the case may be, if
the Secretary determines that the work is integral to the study or
project, as the case may be.
(b) Treatment of Credit Between Projects.--Any credit provided
under this section toward the non-Federal share of the cost of a study
authorized by section 7004 or a project authorized by section 7005 may
be applied toward the non-Federal share of the cost of any other study
authorized by section 7004 or any other project authorized by section
7005, as the case may be.
(c) Periodic Monitoring.--
(1) In general.--To ensure that the contributions of the
non-Federal interest equal the non-Federal share of the cost of
a study authorized by section 7004 or a project authorized by
section 7005, during each 5-year period beginning after the
date of commencement of the first study under section 7004 or
construction of the first project under section 7005, as the
case may be, the Secretary shall--
(A) monitor the non-Federal provision for each
study authorized by section 7004 or each project
authorized by section 7005, as the case may be, of
cash, in-kind services and materials, and land,
easements, rights-of-way, relocations, and disposal
areas; and
(B) manage, to the extent practicable, the
requirement of the non-Federal interest to provide for
each such project cash, in-kind services and materials,
and land, easements, rights-of-way, relocations, and
disposal areas.
(2) Other monitoring.--The Secretary shall conduct
monitoring separately for the study phase, construction phase,
the preconstruction engineering and design phase, and the
planning phase for each project authorized on or after date of
enactment of this Act for all or any portion of the coastal
Louisiana ecosystem.
(d) Audits.--Credit for land, easements, rights-of-way,
relocations, and disposal areas (including land value and incidental
costs) provided under this section, and the cost of work provided under
this section, shall be subject to audit by the Secretary.
SEC. 7007. PROJECT JUSTIFICATION.
(a) In General.--Notwithstanding section 209 of the Flood Control
Act of 1970 (42 U.S.C. 1962-2) or any other provision of law, in
carrying out any project or activity authorized by or under this title
or any other provision of law to protect, conserve, and restore the
coastal Louisiana ecosystem, the Secretary may determine that--
(1) the project or activity is justified by the
environmental benefits derived by the coastal Louisiana
ecosystem; and
(2) no further economic justification for the project or
activity is required if the Secretary determines that the
project or activity is cost effective.
(b) Limitation on Applicability.--Subsection (a) shall not apply to
any separable element intended to produce benefits that are
predominantly unrelated to the protection, conservation, and
restoration of the coastal Louisiana ecosystem.
SEC. 7008. STATUTORY CONSTRUCTION.
(a) Existing Authority.--Except as otherwise provided in this
title, nothing in this title affects any authority in effect on the
date of enactment of this Act, or any requirement relating to the
participation in protection, conservation, and restoration projects and
activities in the coastal Louisiana ecosystem, including projects and
activities referred to in subsection (a) of--
(1) the Department of the Army;
(2) the Department of the Interior;
(3) the Department of Commerce;
(4) the Environmental Protection Agency;
(5) the Department of Agriculture;
(6) the Department of Transportation;
(7) the Department of Energy;
(8) the Federal Emergency Management Agency;
(9) the Coast Guard; and
(10) the State of Louisiana.
(b) New Authority.--Nothing in this title confers any new
regulatory authority on any Federal or non-Federal entity that carries
out any project or activity authorized by or under this title.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM
SEC. 8001. DEFINITIONS.
In this title, the following definitions apply:
(1) Plan.--The term ``Plan'' means the project for
navigation and ecosystem improvements for the Upper Mississippi
River and Illinois Waterway System: Report of the Chief of
Engineers, dated December 15, 2004.
(2) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to
Upper St. Anthony Falls Lock in Minneapolis-St. Paul,
Minnesota, River Mile 854.0; and
(B) the Illinois Waterway from its confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.
Except as modified by this title, the Secretary shall undertake
navigation improvements and restoration of the ecosystem for the Upper
Mississippi River and Illinois Water System substantially in accordance
with the Plan and subject to the conditions described therein.
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS.
(a) Small Scale and Nonstructural Measures.--
(1) In general.--The Secretary shall--
(A) construct mooring facilities at Locks 12, 14,
18, 20, 22, 24, and LaGrange Lock;
(B) provide switchboats at Locks 20 through 25; and
(C) conduct development and testing of an
appointment scheduling system.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be
$235,000,000. Such costs shall be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
(b) New Locks.--
(1) In general.--The Secretary shall construct new 1,200-
foot locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock on the
Illinois Waterway.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be
$1,795,000,000. Such costs shall be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
(c) Concurrence.--The mitigation required for the projects
authorized under subsections (a) and (b), including any acquisition of
lands or interests in lands, shall be undertaken or acquired
concurrently with lands and interests in lands for the projects
authorized under subsections (a) and (b), and physical construction
required for the purposes of mitigation shall be undertaken
concurrently with the physical construction of such projects.
SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION.
(a) Operation.--To ensure the environmental sustainability of the
existing Upper Mississippi River and Illinois Waterway System, the
Secretary shall modify, consistent with requirements to avoid adverse
effects on navigation, the operation of the Upper Mississippi River and
Illinois Waterway System to address the cumulative environmental
impacts of operation of the system and improve the ecological integrity
of the Upper Mississippi River and Illinois River.
(b) Ecosystem Restoration Projects.--
(1) In general.--The Secretary shall carry out, consistent
with requirements to avoid adverse effects on navigation,
ecosystem restoration projects to attain and maintain the
sustainability of the ecosystem of the Upper Mississippi River
and Illinois River in accordance with the general framework
outlined in the Plan.
(2) Projects included.--Ecosystem restoration projects may
include--
(A) island building;
(B) construction of fish passages;
(C) floodplain restoration;
(D) water level management (including water
drawdown);
(E) backwater restoration;
(F) side channel restoration;
(G) wing dam and dike restoration and modification;
(H) island and shoreline protection;
(I) topographical diversity;
(J) dam point control;
(K) use of dredged material for environmental
purposes;
(L) tributary confluence restoration;
(M) spillway, dam, and levee modification; and
(N) land and easement acquisition.
(3) Cost sharing.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of carrying out an ecosystem restoration project
under this subsection shall be 65 percent.
(B) Exception for certain restoration projects.--In
the case of a project under this section for ecosystem
restoration, the Federal share of the cost of carrying
out the project shall be 100 percent if the project--
(i) is located below the ordinary high
water mark or in a connected backwater;
(ii) modifies the operation of structures
for navigation; or
(iii) is located on federally owned land.
(C) Savings clause.--Nothing in this subsection
affects the applicability of section 906(e) of the
Water Resources Development Act of 1986 (33 U.S.C.
2283(e)).
(D) Nongovernmental organizations.--Notwithstanding
section 221(b) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5(b)), for any project carried out under
this title, a non-Federal sponsor may include a
nonprofit entity, with the consent of the affected
local government.
(4) Land acquisition.--The Secretary may acquire land or an
interest in land for an ecosystem restoration project from a
willing seller through conveyance of--
(A) fee title to the land; or
(B) a flood plain conservation easement.
(c) Ecosystem Restoration Preconstruction Engineering and Design.--
(1) Restoration design.--Before initiating the construction
of any individual ecosystem restoration project, the Secretary
shall--
(A) establish ecosystem restoration goals and
identify specific performance measures designed to
demonstrate ecosystem restoration;
(B) establish the without-project condition or
baseline for each performance indicator; and
(C) for each separable element of the ecosystem
restoration, identify specific target goals for each
performance indicator.
(2) Outcomes.--Performance measures identified under
paragraph (1)(A) shall include specific measurable
environmental outcomes, such as changes in water quality,
hydrology, or the well-being of indicator species the
population and distribution of which are representative of the
abundance and diversity of ecosystem-dependent aquatic and
terrestrial species.
(3) Restoration design.--Restoration design carried out as
part of ecosystem restoration shall include a monitoring plan
for the performance measures identified under paragraph (1)(A),
including--
(A) a timeline to achieve the identified target
goals; and
(B) a timeline for the demonstration of project
completion.
(d) Specific Projects Authorization.--
(1) In general.--There is authorized to be appropriated to
carry out this subsection $1,580,000,000, of which not more
than $226,000,000 shall be available for projects described in
subsection (b)(2)(B) and not more than $43,000,000 shall be
available for projects described in subsection (b)(2)(J).
(2) Limitation on available funds.--Of the amounts made
available under paragraph (1), not more than $35,000,000 in any
fiscal year may be used for land acquisition under subsection
(b)(4).
(3) Individual project limit.--Other than for projects
described in subparagraphs (B) and (J) of subsection (b)(2),
the total cost of any single project carried out under this
subsection shall not exceed $25,000,000.
(e) Implementation Reports.--
(1) In general.--Not later than June 30, 2007, and every 4
years thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives an implementation report that--
(A) includes baselines, milestones, goals, and
priorities for ecosystem restoration projects; and
(B) measures the progress in meeting the goals.
(2) Advisory panel.--
(A) In general.--The Secretary shall appoint and
convene an advisory panel to provide independent
guidance in the development of each implementation
report under paragraph (1).
(B) Panel members.--Panel members shall include--
(i) one representative of each of the State
resource agencies (or a designee of the
Governor of the State) from each of the States
of Illinois, Iowa, Minnesota, Missouri, and
Wisconsin;
(ii) one representative of the Department
of Agriculture;
(iii) one representative of the Department
of Transportation;
(iv) one representative of the United
States Geological Survey;
(v) one representative of the United States
Fish and Wildlife Service;
(vi) one representative of the
Environmental Protection Agency;
(vii) one representative of affected
landowners;
(viii) two representatives of conservation
and environmental advocacy groups; and
(ix) two representatives of agriculture and
industry advocacy groups.
(C) Chairperson.--The Secretary shall serve as
chairperson of the advisory panel.
(D) Application of federal advisory committee
act.--The Advisory Panel and any working group
established by the Advisory Panel shall not be
considered an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
(f) Ranking System.--
(1) In general.--The Secretary, in consultation with the
Advisory Panel, shall develop a system to rank proposed
projects.
(2) Priority.--The ranking system shall give greater weight
to projects that restore natural river processes, including
those projects listed in subsection (b)(2).
SEC. 8005. COMPARABLE PROGRESS.
(a) In General.--As the Secretary conducts pre-engineering, design,
and construction for projects authorized under this title, the
Secretary shall--
(1) select appropriate milestones;
(2) determine, at the time of such selection, whether the
projects are being carried out at comparable rates; and
(3) make an annual report to Congress, beginning in fiscal
year 2008, regarding whether the projects are being carried out
at a comparable rate.
(b) No Comparable Rate.--If the Secretary or Congress determines
under subsection (a)(2) that projects authorized under this title are
not moving toward completion at a comparable rate, annual funding
requests for the projects shall be adjusted to ensure that the projects
move toward completion at a comparable rate in the future.
Passed the House of Representatives July 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 166
109th CONGRESS
1st Session
H. R. 2864
_______________________________________________________________________
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.
_______________________________________________________________________
July 18, 2005
Received; read twice and placed on the calendar