[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Reported in Senate (RS)]






                                                        Calendar No. 93
109th CONGRESS
  1st Session
                                 S. 728

                          [Report No. 109-61]

 To provide for the consideration and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

    Mr. Bond (for himself, Mr. Inhofe, Mr. Vitter, Mr. Warner, Mr. 
   Voinovich, Mr. Isakson, Mr. Thune, Ms. Murkowski, Mr. Obama, Ms. 
    Landrieu, Mr. Grassley, Mr. Harkin, Mr. Talent, Mr. Cornyn, Mr. 
  Cochran, Mr. Domenici, Mr. Coleman, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

                             April 26, 2005

                Reported by Mr. Inhofe, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the consideration 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 of 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. Enhanced navigation capacity improvements and ecosystem 
                            restoration plan for the Upper Mississippi 
                            River and Illinois Waterway System.
Sec. 1003. Louisiana coastal area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.
                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

Sec. 2001. Credit for in-kind contributions.
Sec. 2002. Interagency and international support authority.
Sec. 2003. Training funds.
Sec. 2004. Recreational areas and project sites.
Sec. 2005. Fiscal transparency report.
Sec. 2006. Planning.
Sec. 2007. Independent reviews.
Sec. 2008. Mitigation for fish and wildlife losses.
Sec. 2009. State technical assistance.
Sec. 2010. Access to water resource data.
Sec. 2011. Construction of flood control projects by non-Federal 
                            interests.
Sec. 2012. Regional sediment management.
Sec. 2013. National shoreline erosion control development program.
Sec. 2014. Shore protection projects.
Sec. 2015. Cost sharing for monitoring.
Sec. 2016. Ecosystem restoration benefits.
Sec. 2017. Funding to expedite the evaluation and processing of 
                            permits.
Sec. 2018. Electronic submission of permit applications.
Sec. 2019. Improvement of water management at Corps of Engineers 
                            reservoirs.
Sec. 2020. Corps of Engineers hydropower operation and maintenance 
                            funding.
Sec. 2021. Federal hopper dredges.
Sec. 2022. Obstruction to navigation.
              Subtitle B--Continuing authorities projects

Sec. 2031. Navigation enhancements for waterbourne transportation.
Sec. 2032. Protection and restoration due to emergencies at shores and 
                            streambanks.
Sec. 2033. Restoration of the environment for protection of aquatic and 
                            riparian ecosystems program.
Sec. 2034. Environmental modification of projects for improvement and 
                            restoration of ecosystems program.
Sec. 2035. Projects to enhance estuaries and coastal habitats.
Sec. 2036. Remediation of abandoned mine sites.
Sec. 2037. Small projects for the rehabilitation or removal of dams.
Sec. 2038. Remote, maritime-dependent communities.
Sec. 2039. Agreements for water resource projects.
Sec. 2040. Program names.
                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Augusta and Clarendon, Arkansas.
Sec. 3005. St. Francis Basin, Arkansas and Missouri.
Sec. 3006. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3007. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3008. McClellan-Kerr Arkansas River navigation system, Arkansas 
                            and Oklahoma.
Sec. <DELETED>3008</DELETED> 3009. Cache Creek Basin, California.
Sec. <DELETED>3009</DELETED> 3010. Hamilton Airfield, California.
Sec. <DELETED>3010</DELETED> 3011. LA-3 dredged material ocean disposal 
                            site designation, California.
Sec. <DELETED>3011</DELETED> 3012. Larkspur Ferry Channel, California.
Sec. <DELETED>3012</DELETED> 3013. Llagas Creek, California.
Sec. <DELETED>3013</DELETED> 3014. Los Angeles Harbor, California.
Sec. <DELETED>3014</DELETED> 3015. Magpie Creek, California.
Sec. <DELETED>3015</DELETED> 3016. Pine Flat Dam fish and wildlife 
                            habitat, California.
Sec. <DELETED>3016</DELETED> 3017. Redwood City navigation project, 
                            California.
Sec. <DELETED>3017</DELETED> 3018. Sacramento and American Rivers flood 
                            control, California.
Sec. <DELETED>3018</DELETED> 3019. Conditional declaration of 
                            nonnavigability, Port of San Francisco, 
                            California.
Sec. <DELETED>3019</DELETED> 3020. Salton Sea restoration, California.
Sec. <DELETED>3020</DELETED> 3021. Upper Guadalupe River, California.
Sec. <DELETED>3021</DELETED> 3022. Yuba River Basin project, 
                            California.
Sec. <DELETED>3022</DELETED> 3023. Charles Hervey Townshend Breakwater, 
                            New Haven Harbor, Connecticut.
Sec. <DELETED>3023</DELETED> 3024. Anchorage area, New London Harbor, 
                            Connecticut.
Sec. <DELETED>3024</DELETED> 3025. Norwalk Harbor, Connecticut.
Sec. <DELETED>3025</DELETED> 3026. St. George's Bridge, Delaware.
Sec. <DELETED>3026</DELETED> 3027. Christina River, Wilmington, 
                            Delaware.
Sec. <DELETED>3027</DELETED> 3028. Additional program authority, 
                            comprehensive Everglades restoration, 
                            Florida.
Sec. <DELETED>3028</DELETED> 3029. Critical restoration projects, 
                            Everglades and south Florida ecosystem 
                            restoration, Florida.
Sec. <DELETED>3029</DELETED> 3030. Jacksonville Harbor, Florida.
Sec. <DELETED>3030</DELETED> 3031. Lake Okeechobee and Hillsboro 
                            Aquifer pilot projects, comprehensive 
                            Everglades restoration, Florida.
Sec. <DELETED>3031</DELETED> 3032. Lido Key, Sarasota County, Florida.
Sec. <DELETED>3032</DELETED> 3033. Tampa Harbor, Cut B, Tampa, Florida.
Sec. <DELETED>3033</DELETED> 3034. Allatoona Lake, Georgia.
Sec. <DELETED>3034</DELETED> 3035. Dworshak Reservoir improvements, 
                            Idaho.
Sec. <DELETED>3035</DELETED> 3036. Little Wood River, Gooding, Idaho.
Sec. <DELETED>3036</DELETED> 3037. Port of Lewiston, Idaho.
Sec. <DELETED>3037</DELETED> 3038. Cache River Levee, Illinois.
Sec. 3039. Chicago, Illinois.
Sec. <DELETED>3038</DELETED> 3040. Chicago River, Illinois.
Sec. <DELETED>3039</DELETED> 3041. Missouri and Illinois flood 
                            protection projects reconstruction pilot 
                            program.
Sec. <DELETED>3040</DELETED> 3042. Spunky Bottom, Illinois.
Sec. <DELETED>3041</DELETED> 3043. Strawn Cemetery, John Redmond Lake, 
                            Kansas.
Sec. <DELETED>3042</DELETED> 3044. Harry S. Truman Reservoir, Milford, 
                            Kansas.
Sec. <DELETED>3043</DELETED> 3045. Ohio River, Kentucky, Illinois, 
                            Indiana, Ohio, Pennsylvania, and West 
                            Virginia.
Sec. <DELETED>3044</DELETED> 3046. Public access, Atchafalaya Basin 
                            Floodway System, Louisiana.
Sec. <DELETED>3045</DELETED> 3047. Calcasieu River and Pass, Louisiana.
Sec. 3048. Larose to Golden Meadow, Louisiana.
Sec. <DELETED>3046</DELETED> 3049. East Baton Rouge Parish, Louisiana. 
                            BEL>T3
Sec. <DELETED>3047</DELETED> 3050. Red River (J. Bennett Johnston) 
                            Waterway, Louisiana.
Sec. <DELETED>3048</DELETED> 3051. Camp Ellis, Saco, Maine.
Sec. <DELETED>3049</DELETED> 3052. Union River, Maine.
Sec. <DELETED>3050</DELETED> 3053. Chesapeake Bay environmental 
                            restoration and protection program, 
                            Maryland, Pennsylvania, and Virginia.
Sec. <DELETED>3051</DELETED> 3054. Cumberland, Maryland.
Sec. <DELETED>3052</DELETED> 3055. Fall River Harbor, Massachusetts and 
                            Rhode Island.
Sec. <DELETED>3053</DELETED> 3056. St. Clair River and Lake St. Clair, 
                            Michigan.
Sec. <DELETED>3054</DELETED> 3057. Duluth Harbor, Minnesota.
Sec. <DELETED>3055</DELETED> 3058. Land exchange, Pike County, 
                            Missouri.
Sec. <DELETED>3056</DELETED> 3059. Union Lake, Missouri.
Sec. <DELETED>3057</DELETED> 3060. Fort Peck Fish Hatchery, Montana.
Sec. 3061. Yellowstone River and tributaries, Montana and North Dakota.
Sec. <DELETED>3058</DELETED> 3062. Lower Truckee River, Mccarran Ranch, 
                            Nevada.
Sec. <DELETED>3059</DELETED> 3063. Middle Rio Grande restoration, New 
                            Mexico.
Sec. <DELETED>3060</DELETED> 3064. Long Island Sound oyster 
                            restoration, New York and Connecticut.
Sec. <DELETED>3061</DELETED> 3065. Orchard Beach, Bronx, New York.
Sec. <DELETED>3062</DELETED> 3066. New York Harbor, New York, New York.
Sec. <DELETED>3063</DELETED> 3067. Onondaga Lake, New York.
Sec. <DELETED>3064</DELETED> 3068. Missouri River restoration, North 
                            Dakota.
Sec. <DELETED>3065</DELETED> 3069. Lower Girard Lake Dam, Girard, Ohio.
Sec. <DELETED>3066</DELETED> 3070. Toussaint River navigation project, 
                            Carroll Township, Ohio.
Sec. <DELETED>3067</DELETED> 3071. Arcadia Lake, Oklahoma.
Sec. 3072. Oklahoma Lake demonstration, Oklahoma.
Sec. <DELETED>3068</DELETED> 3073. Waurika Lake, Oklahoma.
Sec. <DELETED>3069</DELETED> 3074. Lookout Point, Dexter Lake project, 
                            Lowell, Oregon.
Sec. <DELETED>3070</DELETED> 3075. Upper Willamette River Watershed 
                            ecosystem restoration.
Sec. <DELETED>3071</DELETED> 3076. Tioga Township, Pennsylvania.
Sec. <DELETED>3072</DELETED> 3077. Upper Susquehanna River Basin, 
                            Pennsylvania and New York.
Sec. <DELETED>3073</DELETED> 3078. Cooper River Bridge demolition, 
                            Charleston, South Carolina.
Sec. <DELETED>3074</DELETED> 3079. South Carolina Department of 
                            Commerce development proposal at Richard B. 
                            Russell Lake, South Carolina.
Sec. <DELETED>3075</DELETED> 3080. Missouri River restoration, South 
                            Dakota.
Sec. <DELETED>3076</DELETED> 3081. Missouri and Middle Mississippi 
                            Rivers enhancement project.
Sec. <DELETED>3077</DELETED> 3082. Anderson Creek, Jackson and Madison 
                            Counties, Tennessee.
Sec. <DELETED>3078</DELETED> 3083. Harris Fork Creek, Tennessee and 
                            Kentucky.
Sec. <DELETED>3079</DELETED> 3084. Nonconnah Weir, Memphis, Tennessee.
Sec. <DELETED>308</DELETED> 0</DELETED> 3085. Old Hickory Lock and Dam, 
                            Cumberland River, Tennessee.
Sec. <DELETED>3081</DELETED> 3086. Sandy Creek, Jackson County, 
                            Tennessee.
Sec. <DELETED>3082</DELETED> 3087. Cedar Bayou, Texas.
Sec. <DELETED>3083</DELETED> 3088. Freeport Harbor, Texas.
Sec. <DELETED>3084</DELETED> 3089. Harris County, Texas.
Sec. <DELETED>3085</DELETED> 3090. Dam remediation, Vermont.
Sec. <DELETED>3086</DELETED> 3091. Lake Champlain eurasian milfoil, 
                            water chestnut, and other nonnative plant 
                            control, Vermont.
Sec. <DELETED>3087</DELETED> 3092. Upper Connecticut River Basin 
                            wetland restoration, Vermont and New 
                            Hampshire.
Sec. <DELETED>30</DELETED> 88</DELETED> 3093. Upper Connecticut River 
                            Basin ecosystem restoration, Vermont and 
                            New Hampshire.
Sec. <DELETED>30</DELETED> 89</DELETED> 3094. Lake Champlain Watershed, 
                            Vermont and New York.
Sec. <DELETED>309</DELETED> 0</DELETED> 3095. Chesapeake Bay oyster 
                            restoration, Virginia and Maryland.
Sec. <DELETED>309</DELETED> 1</DELETED> 3096. Tangier Island Seawall, 
                            Virginia.
Sec. <DELETED>309</DELETED> 2</DELETED> 3097. Erosion control, Puget 
                            Island, Wahkiakum County, Washington.
Sec. <DELETED>309</DELETED> 3</DELETED> 3098. Lower granite pool, 
                            Washington.
Sec. <DELETED>3094</DELETED> 3099. Mcnary Lock and Dam, Mcnary National 
                            Wildlife Refuge, Washington and Idaho.
Sec. <DELETED>3095</DELETED> 3100. Snake River project, Washington and 
                            Idaho.
Sec. <DELETED>3</DELETED> 096</DELETED> 3101. Marmet Lock, Kanawha 
                            River, West Virginia.
Sec. <DELETED>3</DELETED> 097</DELETED> 3102. Lower Mud River, Milton, 
                            West Virginia.
Sec. 3103. Green Bay Harbor Project, Green Bay, Wisconsin.
Sec. <DELETED>3098</DELETED> 3104. Underwood Creek diversion facility 
                            project, Milwaukee County, Wisconsin. 
                            BEL>T3
Sec. <DELETED>3099</DELETED> 3105. Mississippi River headwaters 
                            reservoirs.
Sec. <DELETED>310</DELETED> 0</DELETED> 3106. Lower Mississippi River 
                            Museum and Riverfront Interpretive Site.
Sec. <DELETED>310</DELETED> 1</DELETED> 3107. Pilot program, Middle 
                            Mississippi River.
Sec. <DELETED>3102</DELETED> 3108. Upper Mississippi River system 
                            environmental management program.
Sec. 3109. Great Lakes fishery and ecosystem restoration program.
Sec. 3110. Great Lakes remedial action plans and sediment remediation.
Sec. 3111. Great Lakes tributary models.
                           TITLE IV--STUDIES

Sec. 4001. Eurasian milfoil.
Sec. 4002. National port study.
Sec. 4003. McClellan-Kerr Arkansas River Navigation Channel.
Sec. 4004. Selenium study, Colorado.
Sec. 4005. Nicholas Canyon, Los Angeles, California.
Sec. 4006. Oceanside, California, shoreline special study.
Sec. 4007. Comprehensive flood protection project, St. Helena, 
                            California.
Sec. 4008. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman 
                            Island, California.
Sec. 4009. South San Francisco Bay shoreline study, California.
Sec. 4010. San Pablo Bay Watershed restoration, California. BEL>T3
Sec. 4011. Bubbly Creek, South Fork of South Branch, Chicago, Illinois.
Sec. 4012. Grand and Tiger Passes and Baptiste Collette Bayou, 
                            Louisiana.
Sec. <DELETED>4011</DELETED> 4013. Lake Erie at Luna Pier, Michigan.
Sec. <DELETED>4012</DELETED> 4014. Middle Bass Island State Park, 
                            Middle Bass Island, Ohio.
Sec. <DELETED>4013</DELETED> 4015. Jasper County port facility study, 
                            South Carolina.
Sec. <DELETED>4014</DELETED> 4016. Lake Champlain Canal study, Vermont 
                            and New York.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Lakes program.
Sec. 5002. Estuary restoration.
Sec. 5003. Delmarva conservation corridor, Delaware and Maryland.
Sec. 5004. Susquehanna, Delaware, and Potomac River Basins, Delaware, 
                            Maryland, Pennsylvania, and Virginia.
Sec. 5005. Chicago Sanitary and Ship Canal Dispersal Barriers project, 
                            Illinois.
Sec. 5006. Rio Grande environmental management program, New Mexico.
Sec. 5007. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
                            Terrestrial Wildlife Habitat Restoration, 
                            South Dakota.
Sec. 5008. Connecticut River dams, Vermont. BEL>T3
                   TITLE VI--PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Bridgeport, Connecticut.
Sec. 6005. Hartford, Connecticut.
Sec. 6006. New Haven, Connecticut.
Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, Part 
                            II, installation of fender protection for 
                            bridges, Delaware and Maryland.
Sec. 6008. Central and southern Florida, Everglades National Park, 
                            Florida.
Sec. 6009. Shingle Creek Basin, Florida.
Sec. 6010. Brevoort, Indiana.
Sec. 6011. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6012. Lake George, Hobart, Indiana.
Sec. 6013. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6014. Muscatine Harbor, Iowa.
Sec. 6015. Big South Fork National River and Recreational Area, 
                            Kentucky and Tennessee.
Sec. 6016. Eagle Creek Lake, Kentucky.
Sec. 6017. Hazard, Kentucky.
Sec. 6018. West Kentucky tributaries, Kentucky.
Sec. 6019. Bayou Cocodrie and tributaries, Louisiana.
Sec. 6020. Bayou Lafourche and Lafourche Jump, Louisiana.
Sec. 6021. Eastern Rapides and South-Central Avoyelles Parishes, 
                            Louisiana.
Sec. 6022. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6023. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, 
                            Louisiana.
Sec. 6024. Red River Waterway, Shreveport, Louisiana to Daingerfield, 
                            Texas.
Sec. 6025. Casco Bay, Portland, Maine.
Sec. 6026. Northeast Harbor, Maine.
Sec. 6027. Penobscot River, Bangor, Maine.
Sec. 6028. Saint John River Basin, Maine.
Sec. 6029. Tenants Harbor, Maine.
Sec. 6030. Grand Haven Harbor, Michigan.
Sec. 6031. Greenville Harbor, Mississippi.
Sec. 6032. Platte River flood and related streambank erosion control, 
                            Nebraska.
Sec. 6033. Epping, New Hampshire.
Sec. 6034. Manchester, New Hampshire.
Sec. 6035. New York Harbor and adjacent channels, Claremont Terminal, 
                            Jersey City, New Jersey.
Sec. 6036. Eisenhower and Snell Locks, New York.
Sec. 6037. Olcott Harbor, Lake Ontario, New York.
Sec. 6038. Outer Harbor, Buffalo, New York.
Sec. 6039. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6040. Cleveland Harbor 1958 Act, Ohio.
Sec. 6041. Cleveland Harbor 1960 Act, Ohio.
Sec. 6042. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6043. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6044. Chartiers Creek, Cannonsburg (Houston Reach Unit 2b), 
                            Pennsylvania.
Sec. 6045. Schuylkill River, Pennsylvania.
Sec. 6046. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6047. Tamaqua, Pennsylvania.
Sec. 6048. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6049. Quonset Point-Davisville, Rhode Island.
Sec. 6050. Arroyo Colorado, Texas.
Sec. 6051. Cypress Creek-Structural, Texas.
Sec. 6052. East Fork Channel Improvement, Increment 2, east fork of the 
                            Trinity River, Texas.
Sec. 6053. Falfurrias, Texas.
Sec. 6054. Pecan Bayou Lake, Texas.
Sec. 6055. Lake of the Pines, Texas.
Sec. 6056. Tennessee Colony Lake, Texas.
Sec. 6057. City Waterway, Tacoma, Washington.
Sec. 6058. Kanawha River, Charleston, West Virginia.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

                   TITLE I--WATER RESOURCES PROJECTS

SEC. 1001. PROJECT AUTHORIZATIONS.

    (a) Projects With Chief's Reports.--Except as otherwise provided in 
this section, the following projects for water resources development 
and conservation and other purposes are authorized to be carried out by 
the Secretary substantially in accordance with the plans, and subject 
to the conditions, described in the respective reports designated in 
this section:
            (1) Akutan harbor, alaska.--The project for navigation, 
        Akutan, Harbor, Alaska: Report of the Chief of Engineers, dated 
        December 20, 2004, at a total estimated cost of $12,200,000, 
        with an estimated Federal cost of $9,800,000 and an estimated 
        non-Federal cost of $2,400,000.
            (2) Haines harbor, alaska.--The project for navigation, 
        Haines Harbor, Alaska: Report of the Chief of Engineers, dated 
        December 20, 2004, at a total estimated cost of $12,200,000, 
        with an estimated Federal cost of $9,700,000 and an estimated 
        non-Federal cost of $2,500,000.
            (3) Rillito river (el rio antiguo), pima county, arizona.--
        The project for ecosystem restoration, Rillito River (El Rio 
        Antiguo), Pima County, Arizona: Report of the Chief of 
        Engineers dated December 22, 2004, at a total cost of 
        $67,457,000, with an estimated Federal cost of $43,421,000 and 
        an estimated non-Federal cost of $24,036,000.
            (4) Tanque verde creek, arizona.--The project for ecosystem 
        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.
            (5) Salt river (va shlyay akimel), maricopa county, 
        arizona.--The project for ecosystem restoration, Salt River (Va 
        Shlyay Akimel), 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.
            (6) 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.
            (7) 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.
            (8) 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 <DELETED>$48,839,000</DELETED> 
        $51,362,000.
            (9) Middle creek, lake county, california.--The project for 
        flood damage reduction and ecosystem restoration, 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.
        <DELETED>    (10) Napa river salt marsh, california.--The 
        project for ecosystem restoration, Napa River Salt Marsh, 
        California: Report of the Chief of Engineers dated December 22, 
        2004, at a total cost of $58,412,000, with an estimated Federal 
        cost of $37,740,000 and an estimated non-Federal cost of 
        $20,672,000.</DELETED>
            (10) Napa river salt marsh, california.--
                    (A) In general.--The project for ecosystem 
                restoration, Napa River Salt Marsh, California, 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, to be carried out by the Secretary 
                substantially in accordance with the plans and subject 
                to the conditions recommended in the final report 
                signed by the Chief of Engineers on December 22, 2004.
                    (B) Administration.--In carrying out the project 
                authorized by this paragraph, the Secretary shall--
                            (i) construct 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 to the project; and
                            (ii) restore or enhance Salt Ponds 1, 1A, 
                        2, and 3.
                    (C) Transfer of ownership.--On completion of 
                salinity reduction in the project area, the Secretary 
                shall transfer ownership of the pipeline to the non-
                Federal interest at the fully depreciated value of the 
                pipeline, less--
                            (i) the non-Federal cost-share contributed 
                        under subparagraph (A); and
                            (ii) the estimated value of the water to be 
                        provided as needed for maintenance of habitat 
                        values in the project area throughout the life 
                        of the project.
            (11) South platte river, denver, colorado.--The project for 
        ecosystem 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.
            (12) Indian river lagoon, south florida.--
                    (A) In general.--The Secretary may carry out the 
                project for ecosystem restoration, water supply, flood 
                control, and protection of water quality, Indian River 
                Lagoon, South Florida, at a total cost of 
                $1,210,608,000, with an estimated first Federal cost of 
                $605,304,000, and an estimated first non-Federal cost 
                of $605,304,000, in accordance with section 601 of the 
                Water Resources Development Act of 2000 (114 Stat. 
                2680) and the recommendations of the report of the 
                Chief of Engineers, dated August 6, 2004.
                    (B) Deauthorizations.--As of the date of enactment 
                of this Act, the following projects are not authorized:
                            (i) 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, 
                        at a total cost of $112,562,000, with an 
                        estimated Federal cost of $56,281,000, and an 
                        estimated non-Federal cost of $56,281,000.
                            (ii) The uncompleted portions of the 
                        project authorized by section 203 of the Flood 
                        Control Act of 1968 (Public Law 90-483; 82 
                        Stat. 740), Martin County, Florida, 
                        modifications to Central and South Florida 
                        Project, as contained in Senate Document 101, 
                        90th Congress, 2d Session, at a total cost of 
                        $15,471,000, with an estimated Federal cost of 
                        $8,073,000, and an estimated non-Federal cost 
                        of $7,398,000.
                            (iii) The uncompleted portions of the 
                        project authorized by section 203 of the Flood 
                        Control Act of 1968 (Public Law 90-483; 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, at a total cost of $77,118,000, with 
                        an estimated Federal cost of $55,124,000, and 
                        an estimated non-Federal cost of $21,994,000.
            (13) East st. louis and vicinity, illinois.--The project 
        for ecosystem restoration and recreation, 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.
            (14) Peoria riverfront, illinois.--The project for 
        ecosystem 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.
            (15) 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 are to be 
        paid <DELETED>half</DELETED> \1/2 \from amounts appropriated 
        from the general fund of the Treasury and <DELETED>half</DELETED> 
        \1/2 \from amounts appropriated from the Inland Waterways Trust 
        Fund.
            (16) 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) Operation and maintenance.--The operation, 
                maintenance, repair, rehabilitation, and replacement of 
                the Houma Navigation Canal lock complex and the Gulf 
                Intracoastal Waterway floodgate features that provide 
                for inland waterway transportation shall be a Federal 
                responsibility, in accordance with section 102 of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                2212; Public Law 99-662).
            (17) Smith island, maryland.--The project for ecosystem 
        restoration, Smith Island, Maryland: Report of the Chief of 
        Engineers, dated October 29, 2001, at a total cost of 
        $14,500,000, with an estimated Federal cost of $9,425,000 and 
        an estimated non-Federal cost of $5,075,000.
            (18) 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.
            (19) Manasquan to barnegat inlets, new jersey.--The project 
        for hurricane and storm damage reduction, Manasquan to Barnegat 
        Inlets, New Jersey: Report of the Chief of Engineers dated 
        December 30, 2003, at a total cost of $64,872,000, with an 
        estimated Federal cost of $42,168,000 and an estimated non-
        Federal cost of $22,704,000, and at an estimated total cost of 
        $107,990,000 for periodic beach nourishment over the 50-year 
        life of the project, with an estimated Federal cost of 
        $53,995,000 and an estimated non-Federal cost of $53,995,000.
            (20) South river, new jersey.--The project for hurricane 
        and storm damage reduction and ecosystem 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.
            (21) 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.
            (22) Corpus christi ship channel, corpus christi, texas.--
                    (A) In general.--The project for navigation and 
                ecosystem 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 
                $92,854,000.
                    (B) Navigational servitude.--In carrying out the 
                project under subsection (A), the Secretary shall 
                enforce navigational servitude in the Corpus Christi 
                Ship Channel, including, at the sole expense of the 
                owner of the facility, the removal or relocation of any 
                facility obstructing the project.
            (23) Gulf intracoastal waterway, brazos river to port 
        o'connor, matagorda bay re-route, 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.
            (24) 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.
            (25) Riverside oxbow, fort worth, texas.--The project for 
        ecosystem 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.
            (26) Deep creek, chesapeake, virginia.--The project for the 
        Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek, 
        Chesapeake, Virginia: Report of the Chief of Engineers, dated 
        March 3, 2003, at a total cost of $35,573,000.
            (27) Chehalis river, centralia, washington.--The project 
        for flood damage reduction, Centralia, Washington, authorized 
        by section 401(a) of the Water Resources Development Act of 
        1986 (Public Law 99-662; 100 Stat. 4126)--
                    (A) is modified to be carried out at a total cost 
                of $109,850,000, with a Federal cost of $66,425,000, 
                and a non-Federal cost of $43,425,000; and
                    (B) shall be carried out by the Secretary 
                substantially in accordance with the plans, and subject 
                to the conditions, recommended in the final report of 
                the Chief of Engineers, dated September 27, 2004.
    (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) Miami harbor, miami, florida.--The project for 
        navigation, Miami Harbor, Miami, Florida, at a total cost of 
        $121,126,000, with an estimated Federal cost of $64,843,000 and 
        an estimated non-Federal cost of $56,283,000.
            (2) Picayune strand, florida.--The project for ecosystem 
        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, subject to 
        section 601 of the Water Resources Development Act of 2000 (114 
        Stat. 2680).
            (3) Des moines and raccoon rivers, des moines, iowa.--The 
        project for flood damage reduction, Des Moines and Raccoon 
        Rivers, Des Moines, 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.
            (4) 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.
            (5) Jamaica bay, marine park and plumb beach, queens and 
        brooklyn, new york.--The project for ecosystem restoration, 
        Jamaica Bay, Queens and Brooklyn, New York, at a total 
        estimated cost of $180,000,000, with an estimated Federal cost 
        of $117,000,000 and an estimated non-Federal cost of 
        $63,000,000.
            (6) Raritan bay and sandy hook bay, union beach, new 
        jersey.--The project for hurricane and storm damage reduction, 
        Raritan Bay and Sandy Hook Bay, Union Beach, New Jersey, at a 
        total cost of $105,544,000, with an estimated Federal cost of 
        $68,603,600, and an estimated non-Federal cost of $36,940,400, 
        and at an estimated total cost of $2,315,000 for periodic 
        nourishment over the 50-year life of the project, with an 
        estimated Federal cost of $1,157,500, and an estimated non-
        Federal cost of $1,157,500.
            (7) Montauk point, new york.--The project for hurricane and 
        storm damage reduction, Montauk Point, Suffolk County, New 
        York, at a total cost of $12,000,000, with an estimated Federal 
        cost of $7,800,000 and an estimated non-Federal cost of 
        $4,200,000.
            (8) Hocking river basin, monday creek, ohio.--The project 
        for ecosystem restoration, Hocking River Basin, Monday Creek, 
        Ohio, at a total cost of $20,000,000, with an estimated Federal 
        cost of $13,000,000 and an estimated non-Federal cost of 
        $7,000,000.

SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM 
              RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND 
              ILLINOIS WATERWAY SYSTEM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Plan.--The term ``Plan'' means the preferred integrated 
        plan contained in the document entitled ``Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement for the UMR-IWW System Navigation Feasibility Study'' 
        and dated September 24, 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.
    (b) Authorization of Construction of Navigation Improvements.--
            (1) Small scale and nonstructural measures.--
                    (A) In general.--The Secretary shall, in general 
                conformance with the Plan--
                            (i) construct mooring facilities at Locks 
                        12, 14, 18, 20, 22, 24, and LaGrange Lock;
                            (ii) provide switchboats at Locks 20 
                        through 25; and
                            (iii) conduct development and testing of an 
                        appointment scheduling system.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $235,000,000 for fiscal years beginning 
                October 1, 2004. 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. Such sums shall remain available until expended.
            (2) New locks.--
                    (A) In general.--The Secretary shall, in general 
                conformance with the Plan, 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.
                    (B) Mitigation.--The Secretary shall conduct 
                mitigation for the new locks and small scale and 
                nonstructural measures authorized under paragraphs (1) 
                and (2).
                    (C) Concurrence.--The mitigation required under 
                subparagraph (B) for the projects authorized under 
                paragraphs (1) and (2), including any acquisition of 
                lands or interests in lands, shall be undertaken or 
                acquired concurrently with lands and interests for the 
                projects authorized under paragraphs (1) and (2), and 
                physical construction required for the purposes of 
                mitigation shall be undertaken concurrently with the 
                physical construction of such projects.
                    (D) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $1,795,000,000 for fiscal years beginning 
                October 1, 2004. The costs of construction on 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. Such sums shall remain available until expended.
    (c) Ecosystem Restoration Authorization.--
            (1) 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.
            (2) Ecosystem restoration projects.--
                    (A) 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.
                    (B) Projects included.--Ecosystem restoration 
                projects may include, but are not limited to--
                            (i) island building;
                            (ii) construction of fish passages;
                            (iii) floodplain restoration;
                            (iv) water level management (including 
                        water drawdown);
                            (v) backwater restoration;
                            (vi) side channel restoration;
                            (vii) wing dam and dike restoration and 
                        modification;
                            (viii) island and shoreline protection;
                            (ix) topographical diversity;
                            (x) dam point control;
                            (xi) use of dredged material for 
                        environmental purposes;
                            (xii) tributary confluence restoration;
                            (xiii) spillway, dam, and levee 
                        modification to benefit the environment;
                            (xiv) land easement authority; and
                            (xv) land acquisition.
                    (C) Cost sharing.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Federal share of 
                        the cost of carrying out an ecosystem 
                        restoration project under this paragraph shall 
                        be 65 percent.
                            (ii) Exception for certain restoration 
                        projects.--In the case of a project under this 
                        subparagraph 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 or 
                                structures for navigation; or
                                    (III) is located on federally owned 
                                land.
                            (iii) Savings clause.--Nothing in this 
                        paragraph affects the applicability of section 
                        906(e) of the Water Resources Development Act 
                        of 1986 (33 U.S.C. 2283).
                            (iv) 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 section, a 
                        non-Federal sponsor may include a nonprofit 
                        entity, with the consent of the affected local 
                        government.
                    (D) Land acquisition.--The Secretary may acquire 
                land or an interest in land for an ecosystem 
                restoration project from a willing owner through 
                conveyance of--
                            (i) fee title to the land; or
                            (ii) a flood plain conservation easement.
            (3) Ecosystem restoration preconstruction engineering and 
        design.--
                    (A) Restoration design.--Before initiating the 
                construction of any individual ecosystem restoration 
                project, the Secretary shall--
                            (i) establish ecosystem restoration goals 
                        and identify specific performance measures 
                        designed to demonstrate ecosystem restoration;
                            (ii) establish the without-project 
                        condition or baseline for each performance 
                        indicator; and
                            (iii) for each separable element of the 
                        ecosystem restoration, identify specific target 
                        goals for each performance indicator.
                    (B) Outcomes.--Performance measures identified 
                under subparagraph (A)(i) should comprise 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.
                    (C) Restoration design.--Restoration design carried 
                out as part of ecosystem restoration shall include a 
                monitoring plan for the performance measures identified 
                under subparagraph (A)(i), including--
                            (i) a timeline to achieve the identified 
                        target goals; and
                            (ii) a timeline for the demonstration of 
                        project completion.
            (4) Specific projects authorization.--
                    (A) In general.--There are authorized to carry out 
                this subsection for fiscal years beginning October 1, 
                2005, $1,580,000,000, of which not more than 
                $226,000,000 shall be available for projects described 
                in paragraph (2)(B)(ii) and not more than $43,000,000 
                shall be available for projects described in paragraph 
                (2)(B)(x). Such sums shall remain available until 
                expended.
                    (B) Limitation on available funds.--Of the amounts 
                made available under subparagraph (A), not more than 
                $35,000,000 for each fiscal year shall be available for 
                land acquisition under paragraph (2)(D).
                    (C) Individual project limit.--Other than for 
                projects described in clauses (ii) and (x) of paragraph 
                (2)(B), the total cost of any single project carried 
                out under this subsection shall not exceed $25,000,000.
            (5) Implementation reports.--
                    (A) In general.--Not later than June 30, 2008, and 
                every 5 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--
                            (i) includes baselines, milestones, goals, 
                        and priorities for ecosystem restoration 
                        projects; and
                            (ii) measures the progress in meeting the 
                        goals.
                    (B) Advisory panel.--
                            (i) In general.--The Secretary shall 
                        appoint and convene an advisory panel to 
                        provide independent guidance in the development 
                        of each implementation report under 
                        subparagraph (A).
                            (ii) Panel members.--Panel members shall 
                        include--
                                    (I) 1 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) 1 representative of the 
                                Department of Agriculture;
                                    (III) 1 representative of the 
                                Department of Transportation;
                                    (IV) 1 representative of the United 
                                States Geological Survey;
                                    (V) 1 representative of the United 
                                States Fish and Wildlife Service;
                                    (VI) 1 representative of the 
                                Environmental Protection Agency;
                                    (VII) 1 representative of affected 
                                landowners;
                                    (VIII) 2 representatives of 
                                conservation and environmental advocacy 
                                groups; and
                                    (IX) 2 representatives of 
                                agriculture and industry advocacy 
                                groups.
                            (iii) Co-chairpersons.--The Secretary and 
                        the Secretary of the Interior shall serve as 
                        co-chairpersons of the advisory panel.
                            (iv) 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.).
            (6) Ranking system.--
                    (A) In general.--The Secretary, in consultation 
                with the Advisory Panel, shall develop a system to rank 
                proposed projects.
                    (B) Priority.--The ranking system shall give 
                greater weight to projects that restore natural river 
                processes, including those projects listed in paragraph 
                (2)(B).
    (d) Comparable Progress.--
            (1) In general.--As the Secretary conducts pre-engineering, 
        design, and construction for projects authorized under this 
        section, the Secretary shall--
                    (A) select appropriate milestones; and
                    (B) determine, at the time of such selection, 
                whether the projects are being carried out at 
                comparable rates.
            (2) No comparable rate.--If the Secretary determines under 
        paragraph (1)(B) that projects authorized under this subsection 
        are not moving toward completion at a comparable rate, annual 
        funding requests for the projects will be adjusted to ensure 
        that the projects move toward completion at a comparable rate 
        in the future.

SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA.

    (a) In General.--The Secretary may carry out a program for 
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially 
in accordance with the report of the Chief of Engineers, dated January 
31, 2005.
    (b) Priorities.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary shall give priority to--
                    (A) any portion of the program identified in the 
                report described in subsection (a) as a critical 
                restoration feature;
                    (B) any Mississippi River diversion project that--
                            (i) protects a major population area of the 
                        Pontchartain, Pearl, Breton Sound, Barataria, 
                        or Terrebonne Basin; and
                            (ii) produces an environmental benefit to 
                        the coastal area of the State of Louisiana or 
                        the State of Mississippi; and
                    (C) any barrier island, or barrier shoreline, 
                project that--
                            (i) is carried out in conjunction with a 
                        Mississippi River diversion project; and
                            (ii) protects a major population area.
    (c) Nongovernmental Organizations.--A nongovernmental organization 
shall be eligible to contribute all or a portion of the non-Federal 
share of the cost of a project under this section.
    (d) Comprehensive Plan.--
            (1) In general.--The Secretary, in coordination with the 
        Governor of the State of Louisiana, shall--
                    (A) develop a plan for protecting, preserving, and 
                restoring the coastal Louisiana ecosystem; and
                    (B) not later than 1 year after the date of 
                enactment of this Act, and every 5 years thereafter, 
                submit to Congress the plan, or an update of the plan.
            (2) Inclusions.--The comprehensive plan shall include a 
        description of--
                    (A) the framework of a long-term program that 
                provides for the comprehensive protection, 
                conservation, and restoration of the wetlands, 
                estuaries (including the Barataria-Terrebonne estuary), 
                barrier islands, shorelines, and related land and 
                features of the coastal Louisiana ecosystem, including 
                protection of a critical resource, habitat, or 
                infrastructure from the effects of a coastal storm, a 
                hurricane, erosion, or subsidence;
                    (B) the means by which a new technology, or an 
                improved technique, can be integrated into the program 
                under subsection (a); and
                    (C) the role of other Federal agencies and programs 
                in carrying out the program under subsection (a).
            (3) Consideration.--In developing the comprehensive plan, 
        the Secretary shall consider the advisability of integrating 
        into the program under subsection (a)--
                    (A) a related Federal or State project carried out 
                on the date on which the plan is developed;
                    (B) an activity in the Louisiana Coastal Area; or
                    (C) any other project or activity identified in--
                            (i) the Mississippi River and Tributaries 
                        program;
                            (ii) the Louisiana Coastal Wetlands 
                        Conservation Plan;
                            (iii) the Louisiana Coastal Zone Management 
                        Plan; or
                            (iv) the plan of the State of Louisiana 
                        entitled ``Coast 2050: Toward a Sustainable 
                        Coastal Louisiana''.
    (e) Task Force.--
            (1) Establishment.--There is established a task force to be 
        known as the ``Coastal Louisiana Ecosystem Protection and 
        Restoration Task Force'' (referred to in this subsection as the 
        ``Task Force'').
            (2) Membership.--The Task Force shall consist of the 
        following members (or, in the case of the head of a Federal 
        agency, a designee at the level of Assistant Secretary or an 
        equivalent level):
                    (A) The Secretary.
                    (B) The Secretary of the Interior.
                    (C) The Secretary of Commerce.
                    (D) The Administrator of the Environmental 
                Protection Agency.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Transportation.
                    (G) The Secretary of Energy.
                    (H) The Secretary of Homeland Security.
                    (I) 3 representatives of the State of Louisiana 
                appointed by the Governor of that State.
            (3) Duties.--The Task Force shall make recommendations to 
        the Secretary regarding--
                    (A) policies, strategies, plans, programs, 
                projects, and activities for addressing conservation, 
                protection, restoration, and maintenance of the coastal 
                Louisiana ecosystem;
                    (B) financial participation by each agency 
                represented on the Task Force in conserving, 
                protecting, restoring, and maintaining the coastal 
                Louisiana ecosystem, including recommendations--
                            (i) that identify funds from current agency 
                        missions and budgets; and
                            (ii) for coordinating individual agency 
                        budget requests; and
                    (C) the comprehensive plan under subsection (d).
            (4) Working groups.--The Task Force may establish such 
        working groups as the Task Force determines to be necessary to 
        assist the Task Force in carrying out this subsection.
            (5) Application of the federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the Task Force or any working group of the Task Force.
    (f) Mississippi River Gulf Outlet.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a plan for 
        modifying the Mississippi River Gulf Outlet that addresses--
                    (A) wetland losses attributable to the Mississippi 
                River Gulf Outlet;
                    (B) channel bank erosion;
                    (C) hurricane storm surges;
                    (D) saltwater intrusion;
                    (E) navigation interests; and
                    (F) environmental restoration.
            (2) Report.--<DELETED>The</DELETED> If necessary, the 
        Secretary, in conjunction with the Chief of Engineers, shall 
        submit to Congress a report recommending modifications to the 
        Mississippi River Gulf Outlet, including measures to prevent 
        the intrusion of saltwater into the Outlet.
    (g) Science and Technology.--
            (1) In general.--The Secretary shall establish a coastal 
        Louisiana ecosystem science and technology program.
            (2) Purposes.--The purposes of the program established by 
        paragraph (1) shall be--
                    (A) to identify any uncertainty relating to the 
                physical, chemical, geological, biological, and 
                cultural baseline conditions in coastal Louisiana;
                    (B) to improve knowledge of the physical, chemical, 
                geological, biological, and cultural baseline 
                conditions in coastal Louisiana; and
                    (C) to identify and develop technologies, models, 
                and methods to carry out this <DELETED>subsection</DELETED> 
                section.
            (3) Working groups.--The Secretary may establish such 
        working groups as the Secretary determines to be necessary to 
        assist the Secretary in carrying out this subsection.
            (4) Contracts and cooperative agreements.--In carrying out 
        this subsection, the Secretary may enter into a contract or 
        cooperative agreement with an individual or entity (including a 
        consortium of academic institutions in Louisiana <DELETED>and 
        Mississippi</DELETED>) with scientific or engineering expertise 
        in the restoration of aquatic and marine ecosystems for coastal 
        restoration and enhancement through science and technology.
    (h) Analysis of Benefits.--
            (1) 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 an activity to conserve, protect, 
        restore, or maintain the coastal Louisiana ecosystem, the 
        Secretary may determine that the environmental benefits 
        provided by the program under this section outweigh the 
        disadvantage of an activity under this section.
            (2) Determination of cost-effectiveness.--If the Secretary 
        determines that an activity under this section is cost-
        effective, no further economic justification for the activity 
        shall be required.
<DELETED>    (i) Study.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the non-
Federal interest, shall enter into a contract with the National Academy 
of Sciences under which the National Academy of Sciences shall carry 
out a study to identify the cause of any degradation of the Louisiana 
Coastal Area ecosystem that occurs as a result of an activity under 
this section.</DELETED>
<DELETED>    (j) Report.--Not later than July 1, 2006, the Secretary, 
in conjunction with the Chief of Engineers, shall submit to Congress a 
report describing the features included in table 3 of the report 
described in subsection (a).</DELETED>
    (i) Studies.--
            (1) Degradation.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        non-Federal interest, shall enter into a contract with the 
        National Academy of Sciences under which the National Academy 
        of Sciences shall carry out a study to identify--
                    (A) the cause of any degradation of the Louisiana 
                Coastal Area ecosystem that occurred as a result of an 
                activity approved by the Secretary; and
                    (B) the sources of the degradation.
            (2) Finance.--On completion, and taking into account the 
        results, of the study conducted under paragraph (1), the 
        Secretary, in consultation with the non-Federal interest, shall 
        study--
                    (A) financing alternatives for the program 
                authorized under subsection (a); and
                    (B) potential reductions in the expenditure of 
                Federal funds in emergency responses that would occur 
                as a result of ecosystem restoration in the Louisiana 
                Coastal Area.
    (j) Report.--Not later than July 1, 2006, the Secretary shall 
submit to Congress a feasibility report on the features included in 
table 3 of the report described in subsection (a).
    (k) Project Modifications.--
            (1) Review.--The Secretary, in cooperation with any non-
        Federal interest, shall review each federally-authorized water 
        resources project in the coastal Louisiana area in existence on 
        the date of enactment of this Act to determine whether--
                    (A) each project is in accordance with the program 
                under subsection (a); and
                    (B) the project could contribute to ecosystem 
                restoration under subsection (a) through modification 
                of the operations or features of the project.
            (2) Authorization.--Subject to paragraphs (3) and (4), the 
        Secretary may carry out the modifications described in 
        paragraph (1)(B).
            <DELETED>(2)</DELETED> (3) Public notice and comment.--
        Before <DELETED>modifying an operation or feature of a project 
        under paragraph (1)(B),</DELETED>  completing the report 
        required under paragraph (4), the Secretary shall provide an 
        opportunity for public notice and comment.
            <DELETED>(3)</DELETED>  (4) Report.--
                    (A) In general.--Before modifying an operation or 
                feature of a project under paragraph (1)(B), 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 a report describing the modification.
                    (B) Inclusion.--A report under <DELETED>paragraph 
                (2)(B)</DELETED>  subparagraph (A) shall include such 
                information relating to the timeline and cost of a 
                modification as the Secretary determines to be 
                relevant.
            <DELETED>(4)</DELETED>  (5) Authorization of 
        appropriations.--There is authorized to be appropriated to 
        carry out this subsection $10,000,000.

SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

    (a) In General.--The Secretary shall conduct a study for each of 
the following projects and, if the Secretary determines that a project 
is feasible, may carry out the project under section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s):
            (1) Cache river basin, grubbs, arkansas.--Project for flood 
        damage reduction, Cache River basin, Grubbs, Arkansas.

SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is feasible, 
may carry out the project under section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577):
            (1) Little rock port, arkansas.--Project for navigation, 
        Little Rock Port, Arkansas River, Arkansas.
            (2) Au sable river, michigan.--Project for navigation, Au 
        Sable River in the vicinity of Oscoda, Michigan.
            (3) Outer channel and inner harbor, menominee harbor, 
        michigan and wisconsin.--Project for navigation, Outer Channel 
        and Inner Harbor, Menominee Harbor, Michigan and Wisconsin.
            (4) Middle bass island state park, middle bass island, 
        ohio.--Project for navigation, Middle Bass Island State Park, 
        Middle Bass Island, Ohio.
            (5) Outer channel and inner harbor, menominee, wisconsin.--
        Project for navigation, Menominee Harbor, Michigan and 
        Wisconsin.

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) San diego river, california.--Project for aquatic 
        ecosystem restoration, San Diego River, California, including 
        efforts to address invasive aquatic plant species.
            (2) Suison marsh, san pablo bay, california.--Project for 
        aquatic ecosystem restoration, San Pablo Bay, California.
            (3) Blackstone river, rhode island.--Project for aquatic 
        ecosystem restoration, Blackstone River, Rhode Island.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

    Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) 
is amended--
        <DELETED>    (1) by striking ``sec. 221 (a) After'' and 
        inserting the following:</DELETED>

<DELETED>``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
              PROJECTS.</DELETED>

<DELETED>    ``(a) Cooperation of Non-Federal Interest.--</DELETED>
        <DELETED>    ``(1) In general.--After''; and</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``In any'' and inserting 
                the following:</DELETED>
        <DELETED>    ``(2) Future appropriations.--In any''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
            (1) by striking ``sec. 221'' and inserting the following:

``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
              PROJECTS.''

            ; and
            (2) by striking subsection (a) and inserting the following:
    ``(a) Cooperation of Non-Federal Interest.--
            ``(1) In general.--After December 31, 1970, the 
        construction of any water resources project, or an acceptable 
        separable element thereof, by the Secretary of the Army, acting 
        through the Chief of Engineers, or by a non-Federal interest 
        where such interest will be reimbursed for such construction 
        under any provision of law, shall not be commenced until each 
        non-Federal interest has entered into a written partnership 
        agreement with the district engineer for the district in which 
        the project will be carried out under which each party agrees 
        to carry out its responsibilities and requirements for 
        implementation or construction of the project or the 
        appropriate element of the project, as the case may be; except 
        that no such agreement shall be required if the Secretary 
        determines that the administrative costs associated with 
        negotiating, executing, or administering the agreement would 
        exceed the amount of the contribution required from the non-
        Federal interest and are less than $25,000.
            ``(2) Liquidated damages.--An agreement described in 
        paragraph (1) may include a provision for liquidated damages in 
        the event of a failure of 1 or more parties to perform.
            ``(3) Obligation of future appropriations.--In any such 
        agreement entered into by a State, or a body politic of the 
        State which derives its powers from the State constitution, or 
        a governmental entity created by the State legislature, the 
        agreement may reflect that it does not obligate future 
        appropriations for such performance and payment when obligating 
        future appropriations would be inconsistent with constitutional 
        or statutory limitations of the State or a political 
        subdivision of the State.
            ``<DELETED>(3)</DELETED> (4) Credit for in-kind 
        contributions.--
                    ``(A) In general.--An agreement under paragraph (1) 
                shall provide that the Secretary shall credit toward 
                the non-Federal share of the cost of the project, 
                including a project implemented under general 
                continuing authority, the value of in-kind 
                contributions made by the non-Federal interest, 
                including--
                            ``(i) the costs of planning (including data 
                        collection), design, management, mitigation, 
                        construction, and construction services that 
                        are provided by the non-Federal interest for 
                        implementation of the project; and
                            ``(ii) the value of materials or services 
                        provided before execution of an agreement for 
                        the project, including--
                                    ``(I) efforts on constructed 
                                elements incorporated into the project; 
                                and
                                    ``(II) materials and services 
                                provided after an agreement is 
                                executed.
                    ``(B) Condition.--The Secretary shall credit an in-
                kind contribution under subparagraph (A) if the 
                Secretary determines that the property or service 
                provided as an in-kind contribution is integral to the 
                project.
                    ``(C) Limitations.--Credit authorized for a 
                project--
                            ``(i) shall not exceed the non-Federal 
                        share of the cost of the project;
                            ``(ii) shall not alter any other 
                        requirement that a non-Federal interest provide 
                        land, an easement or right-of-way, or an area 
                        for disposal of dredged material for the 
                        project; and
                            ``(iii) shall not exceed the actual and 
                        reasonable costs of the materials, services, or 
                        other things provided by the non-Federal 
                        interest, as determined by the Secretary.''.

SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    Section 234 of the Water Resources Development Act of 1996 (33 
U.S.C. 2323a) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary may engage in activities 
(including contracting) in support of other Federal agencies, 
international organizations, or foreign governments to address problems 
of national significance to the United States.'';
            (2) in subsection (b), by striking ``Secretary of State'' 
        and inserting ``Department of State''; and
            (3) in subsection (d)--
                    (A) by striking ``$250,000 for fiscal year 2001'' 
                and inserting ``$1,000,000 for fiscal year 2006''; and
                    (B) by striking ``or international organizations'' 
                and inserting ``, international organizations, or 
                foreign governments''.

SEC. 2003. TRAINING FUNDS.

    (a) In General.--The Secretary may include individuals from the 
non-Federal interest, including the private sector, 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 from <DELETED>the private 
        sector</DELETED> a non-Federal interest 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. 2004. RECREATIONAL AREAS AND PROJECT SITES.

    (a) Construction and Operation of Public Parks and Recreational 
Facilities in Water Resource Development Projects; Lease of Lands; 
Preference for Use; Penalty; Application of Section 3401 of Title 18, 
United States Code; Citations and Arrests With and Without Process; 
Limitations; Disposition of Receipts.--Section 4 of the Act of December 
22, 1944 (commonly known as the ``Flood Control Act of 1944'') (16 
U.S.C. 460d) is amended--
            (1) in the second sentence--
                    (A) by striking ``Provided, That leases'' and all 
                that follows through ``premises'' and inserting the 
                following: ``Provided, That any new lease granted under 
                this section to a nonprofit organization for park and 
                recreational purposes, and any new lease or license 
                granted to a Federal, State, or local governmental 
                agency for any public purpose, shall include a 
                provision requiring that consideration for the grant of 
                the lease or license shall be at least sufficient to 
                pay the costs of administering the grant, as determined 
                by the Secretary of the Army''; and
                    (B) by striking ``Provided further, That 
                preference'' and all that follows through ``And 
                provided'' and inserting ``Provided''; and
            (2) by striking the last sentence and inserting the 
        following: ``Any funds received by the United States for a 
        lease or privilege granted under this section shall be 
        deposited and made available in accordance with section 210 of 
        the Flood Control Act of 1968 (16 U.S.C. 460d-3).''.
    (b) Recreational User Fees.--Section 210 of the Flood Control Act 
of 1968 (16 U.S.C. 460d-3) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary of the Army shall carry out a 
recreation user fee program to recover from users of recreation areas 
and project sites under the jurisdiction of the Corps of Engineers the 
portion of costs associated with operating and maintaining those 
recreation areas and project sites.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by inserting 
                ``Admission and User'' before ``Fees'';
                    (B) by striking paragraphs (3) and (4);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) in paragraph (1), by striking ``but excluding'' 
                and all that follows and inserting the following: ``, 
                including fees--
                    ``(A) for admission to the recreation area or 
                project site of an individual or group; and
                    ``(B) for the use by an individual or group of an 
                outdoor recreation area, a facility, a visitors' 
                center, a piece of equipment, or a service at the 
                recreation area or project site.'';
                    (E) by inserting after paragraph (1) the following:
            ``(2) Amount.--The Secretary of the Army shall determine 
        the amount of a fee established and collected under paragraph 
        (1) based on the fair market value, taking into consideration 
        any comparable recreation fee for admission to, or use of, the 
        recreation area or project site.'';
                    (F) in paragraph (3) (as redesignated by 
                subparagraph (C))--
                            (i) by striking ``picnic tables'';
                            (ii) by striking ``surface water areas''; 
                        and
                            (iii) by striking ``or general visitor 
                        information'' and inserting ``general visitor 
                        information, or a project site or facility that 
                        includes only a boat launch ramp and a courtesy 
                        dock''; and
                    (G) by inserting after paragraph (3) (as 
                redesignated by subparagraph (C)) the following:
            ``(4) Contracts and services.--The Secretary of the Army 
        may--
                    ``(A) enter into a contract (including a contract 
                that provides for a reasonable commission, as 
                determined by the Secretary) with any public or private 
                entity to provide a visitor service for a recreation 
                area or project site under this section, including the 
                taking of reservations and the provision of information 
                regarding the recreation area or project site; and
                    ``(B) accept the services of a volunteer to collect 
                a fee established and collected under paragraph (1).
            ``(5) Deposit into treasury account.--
                    ``(A) In general.--Any fee collected under this 
                subsection shall--
                            ``(i) be deposited into the Treasury 
                        account for the Corps of Engineers established 
                        by section 4(i)(1)(A) of the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-
                        6a(i)(1)(A)); and
                            ``(ii) be made available until expended to 
                        the Secretary of the Army, without further 
                        appropriation, for use for the purposes 
                        described in section 4(i)(3) of that Act (16 
                        U.S.C. 460l-6a(i)(3)).
                    ``(B) Limitation.--Not more than 80 percent of a 
                fee established and collected at a recreational area or 
                project site under this subsection shall be made 
                available to pay the costs of a water resources 
                development project under the jurisdiction of the Corps 
                of Engineers located at the recreational area or 
                project site.''; and
            (3) by adding at the end the following:
    ``(c) Other Fees.--Any fee established and collected at a 
recreational area or project site under subsection (b) shall be 
considered to be established and collected in lieu of a similar fee 
established and collected at the recreational area or project site 
under any other provision of law.''.
    (c) Admission and Use Fees; Establishment and Regulations.--Section 
4(i)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l-6a(i)(3)) is amended--
            (1) in the first sentence, by striking ``For'' and 
        inserting the following:
                    ``(A) In general.--For'';
            (2) by striking the second sentence and inserting the 
        following:
                    ``(B) Use of funds.--To the maximum extent 
                practicable, funds under this subsection shall be used 
                for a purpose described in subparagraph (A) that is 
                directly related to the activity through which the 
                funds were generated, including water-based 
                recreational activities and camping.''; and
            (3) by adding at the end the following:
                    ``(C) Department of army sites.--Any funds under 
                this subsection may be used at a project site of the 
                Department of the Army to pay the costs of--
                            ``(i) a repair or maintenance project 
                        (including a project relating to public health 
                        and safety);
                            ``(ii) an interpretation project;
                            ``(iii) signage;
                            ``(iv) habitat or facility enhancement;
                            ``(v) resource preservation;
                            ``(vi) annual operation (including 
                        collection of fees and costs of administering 
                        grants under section 4 of the Act of December 
                        22, 1944 (commonly known as the `Flood Control 
                        Act of 1944') (16 U.S.C. 460d);
                            ``(vii) law enforcement relating to public 
                        use; and
                            ``(viii) planning.''.
    (d) Conforming Amendment.--Section 225 of the Water Resources 
Development Act of 1999 (16 U.S.C. 460l-6a note; Public Law 106-53) is 
repealed.

SEC. 2005. 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 of Environment and Public Works of the Senate and the 
Transportation and Infrastructure Committee of the House of 
Representatives a report on the expenditures for the preceding fiscal 
year and estimated expenditures for 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.
            (9) With respect to permit applications and notifications, 
        a list of individual permit applications and nationwide permit 
        notifications, including--
                    (A) the date on which each permit application is 
                filed;
                    (B) the date on which each permit application is 
                determined to be complete; and
                    (C) the date on which the Corps of Engineers 
                grants, withdraws, or denies each permit.
            (10) With respect to the project backlog, a list of 
        authorized projects for which no funds have been allocated for 
        the 5 preceding fiscal years, including, for each project--
                    (A) the authorization date;
                    (B) the last allocation date;
                    (C) the percentage of construction completed;
                    (D) the estimated cost remaining until completion 
                of the project; and
                    (E) a brief explanation of the reasons for the 
                delay.

SEC. 2006. PLANNING.

    (a) Matters to Be Addressed in Planning.--Section 904 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2281) is amended--
            (1) by striking ``Enhancing'' and inserting the following:
    ``(a) In General.--Enhancing''; and
            (2) by adding at the end the following:
    ``(b) Assessments.--For all feasibility reports completed after 
December 31, 2005, the Secretary shall assess whether--
            ``(1) the water resource project and each separable element 
        is cost-effective; and
            ``(2) the water resource project complies with Federal, 
        State, and local laws (including regulations) and public 
        policies.''.
    (b) Feasibility Reports.--Section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) is amended--
            (1) in subsection (a), by inserting before ``This 
        subsection shall not apply'' the following: ``The Secretary 
        shall establish a plan and schedule to periodically update and 
        revise the planning guidelines, regulations, and circulars of 
        the Corps of Engineers to improve the analysis of water 
        resource projects, including the integration of new and 
        existing analytical techniques that properly reflect the 
        probability of project benefits and costs, as the Secretary 
        determines appropriate.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Cost-Benefit Analysis.--Recommendation of a feasibility study 
shall be based on an analysis of the benefits and costs, both 
quantified and unquantified, that--
            ``(1) identifies areas of risk and uncertainty in the 
        analysis;
            ``(2) clearly describes the degree of reliability of the 
        estimated benefits and costs of the effectiveness of 
        alternative plans, including an assessment of the credibility 
        of the physical project construction schedule as the schedule 
        affects the estimated benefits and costs;
            ``(3) identifies national, regional, and local economic 
        costs and benefits;
            ``(4) identifies environmental costs and benefits, 
        including the costs and benefits of protecting or degrading 
        natural systems;
            ``(5) identifies social costs and benefits, including a 
        risk analysis regarding potential loss of life that may result 
        from flooding and storm damage; and
            ``(6) identifies cultural and historical costs and 
        benefits.''.
    (c) Planning Process Improvements.--The Chief of Engineers--
            (1) shall, not later than 2 years after the date on which 
        the feasibility study cost sharing agreement is signed for a 
        project, subject to the availability of appropriations--
                    (A) complete the feasibility study for the project; 
                and
                    (B) sign the report of the Chief of Engineers for 
                the project;
            (2) may, with the approval of the Secretary, extend the 
        deadline established under paragraph (1) for not to exceed 4 
        years, for a complex or controversial study;
            (3)(A) shall adopt a risk analysis approach to project cost 
        estimates; and
            (B) not later than 1 year after the date of enactment of 
        this Act, shall--
                    (i) issue procedures for risk analysis for cost 
                estimation; and
                    (ii) submit to Congress a report that includes 
                suggested amendments to section 902 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 2280); and
            (4) shall--
                    (A) identify and review all critical methods, 
                models, and procedures used in the planning process of 
                the Corps of Engineers to formulate and evaluate water 
                resource projects;
                    (B) identify other existing or new methods, models, 
                or procedures that may enhance the water resource 
                planning process;
                    (C) establish a systematic process for evaluating 
                and validating the effectiveness and efficiency of all 
                methods, models, and procedures;
                    (D) develop and maintain a set of approved methods, 
                models, and procedures to be applied to the water 
                resource planning process across the Corps of 
                Engineers;
                    (E) develop and maintain effective systems for 
                technology transfer and support to provide state-of-
                the-art skills and knowledge to the workforce; and
                    (F) identify the discrete elements of studies and 
                establish benchmarks for the resources required to 
                implement elements to improve the timeliness and 
                effectiveness of the water resource planning process.
    (d) Project Planning.--
            (1) Objectives.--
                    (A) Flood and hurricane and storm damage reduction 
                and navigation projects.--The Federal objective of any 
                study of the feasibility of a water resource project 
                carried out by the Secretary for flood damage 
                reduction, hurricane and storm damage reduction, or 
                navigation shall be to maximize the net national 
                economic development benefits associated with the 
                project, consistent with protecting the environment of 
                the United States.
                    (B) Ecosystem restoration projects.--The Federal 
                objective of any study of the feasibility of a water 
                resource project for ecosystem restoration carried out 
                by the Secretary shall be to maximize the net national 
                ecosystem restoration benefits associated with the 
                project, consistent with national economic development 
                of the United States.
                    (C) Projects with multiple purposes.--In the case 
                of a study that includes multiple project purposes, the 
                primary and other project purposes shall be evaluated 
                based on the relevant Federal objective identified 
                under subparagraphs (A) and (B).
                    (D) Selection of project alternatives.--
                            (i) In general.--Notwithstanding the 
                        Federal objectives identified in this 
                        paragraph, the Secretary may select a project 
                        alternative that does not maximize net benefits 
                        if there is an overriding reason for selection 
                        of the alternative that is based on other 
                        Federal, State, local, or international 
                        concerns.
                            (ii) Flood and hurricane and storm damage 
                        reduction and navigation projects.--With 
                        respect to a water resource project described 
                        in subparagraph (A), an overriding reason for 
                        selecting a project alternative other than the 
                        alternative that maximizes national economic 
                        development benefits may be, as determined by 
                        the Secretary, with the concurrence of the non-
                        Federal interest, that the other project 
                        alternative is feasible and achieves the 
                        project purposes but provides greater ecosystem 
                        restoration benefits or less adverse 
                        environmental impacts.
                            (iii) Ecosystem restoration projects.--With 
                        respect to a water resource project described 
                        in subparagraph (B), an overriding reason for 
                        selecting a project alternative other than the 
                        project alternative that maximizes national 
                        ecosystem restoration benefits may be, as 
                        determined by the Secretary, with the 
                        concurrence of the non-Federal interest, that 
                        the other project alternative is feasible and 
                        achieves the project purpose but provides 
                        greater economic development benefits or less 
                        adverse economic impacts.
            (2) Identifying additional benefits and projects.--
                    (A) Primarily economic benefits.--In conducting a 
                study of the feasibility of a project the primary 
                benefits of which are expected to be economic, the 
                Secretary may--
                            (i) identify ecosystem restoration benefits 
                        that may be achieved in the study area; and
                            (ii) after obtaining the participation of a 
                        non-Federal interest, study and recommend 
                        construction of additional measures, a separate 
                        project, or separable element, to achieve those 
                        benefits.
                    (B) Primarily ecosystem restoration benefits.--In 
                conducting a study of the feasibility of a project the 
                primary benefits of which are expected to be associated 
                with ecosystem restoration, the Secretary may--
                            (i) identify economic benefits that may be 
                        achieved in the study area; and
                            (ii) after obtaining the participation of a 
                        non-Federal interest, study and recommend 
                        construction of additional measures, a separate 
                        project, or separable element, to achieve those 
                        benefits.
                    (C) Rules applicable to identified separate 
                projects and elements.--
                            (i) In general.--Any additional measure, 
                        separable project, or element identified under 
                        subparagraph (A) or (B) and recommended for 
                        construction shall not be considered integral 
                        to the underlying project under study unless 
                        the Secretary determines, and the non-Federal 
                        interest agrees, that the measure, project, or 
                        element, is integral.
                            (ii) Partnership agreement.--If authorized, 
                        the measure, project, or element shall be 
                        subject to a separate partnership agreement, 
                        unless the non-Federal interest agrees to share 
                        in the cost of the additional measure, project, 
                        or separable element.
            (3) 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--
                    (A) a calculation of the residual risk of flooding 
                following completion of the proposed project;
                    (B) a calculation of any upstream or downstream 
                impacts of the proposed project; and
                    (C) calculations to ensure that the benefits and 
                costs associated with structural and nonstructural 
                alternatives are evaluated in an equitable manner.
    (e) Centers of Specialized Planning Expertise.--
            (1) Establishment.--The Secretary may establish centers of 
        expertise to provide specialized planning expertise for water 
        resource projects to be carried out by the Secretary in order 
        to enhance and supplement the capabilities of the districts of 
        the Corps of Engineers.
            (2) Duties.--A center of expertise established under this 
        subsection shall--
                    (A) provide technical and managerial assistance to 
                district commanders of the Corps of Engineers for 
                project planning, development, and implementation;
                    (B) provide peer reviews of new major scientific, 
                engineering, or economic methods, models, or analyses 
                that will be used to support decisions of the Secretary 
                with respect to feasibility studies;
                    (C) provide support for external peer review panels 
                convened by the Secretary; and
                    (D) carry out such other duties as are prescribed 
                by the Secretary.
    (f) Completion of Corps of Engineers Reports.--
            (1) Alternatives.--
                    (A) In general.--Feasibility and other studies and 
                assessments of water resource problems and projects 
                shall include recommendations for alternatives--
                            (i) that, as determined by the non-Federal 
                        interests for the projects, promote integrated 
                        water resources management; and
                            (ii) for which the non-Federal interests 
                        are willing to provide the non-Federal share 
                        for the studies or assessments.
                    (B) Scope and purposes.--The scope and purposes of 
                studies and assessments described in subparagraph (A) 
                shall not be constrained by budgetary or other policy 
                as a result of the inclusion of alternatives described 
                in that subparagraph.
                    (C) No effect on authority of chief.--The Chief of 
                Engineers--
                            (i) shall not, in the completion of reports 
                        of the Chief of Engineers to Congress, be 
                        subject to direction as to the contents, 
                        findings, or recommendation of the reports; and
                            (ii) shall be solely responsible for--
                                    (I) those reports; and
                                    (II) any related recommendations, 
                                including evaluations and 
                                recommendations for changes in law or 
                                policy that may be appropriate to 
                                attain the best technical solutions to 
                                water resource needs and problems.
            (2) Report completion.--The completion of a report of the 
        Chief of Engineers for a project--
                    (A) shall not be delayed while consideration is 
                being given to potential changes in policy or priority 
                for project consideration; and
                    (B) shall be submitted, upon completion, to--
                            (i) the Committee on Environment and Public 
                        Works of the Senate; and
                            (ii) the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
    (g) Completion Review.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 90 days after the date of completion of a report of 
        the Chief of Engineers that recommends to Congress a water 
        resource project, the Secretary shall--
                    (A) review the report; and
                    (B) provide any recommendations of the Secretary 
                regarding the water resource project to Congress.
            (2) Prior reports.--Not later than 90 days after the date 
        of enactment of this Act, with respect to any report of the 
        Chief of Engineers recommending a water resource project that 
        is complete prior to the date of enactment of this Act, the 
        Secretary shall complete review of, and provide recommendations 
        to Congress for, the report in accordance with paragraph (1).

SEC. 2007. INDEPENDENT REVIEWS.

    (a) Definitions.--In this section:
            (1) 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.
            (2) Project study.--
                    (A) In general.--The term ``project study'' means a 
                feasibility study or reevaluation study for a project.
                    (B) Inclusions.--The term ``project study'' 
                includes any other study associated with a modification 
                or update of a project that includes an environmental 
                impact statement or an environmental assessment.
    (b) Peer Reviews.--
            (1) Policy.--
                    (A) In general.--Major engineering, scientific, and 
                technical work products related to Corps of Engineers 
                decisions and recommendations to Congress should be 
                peer reviewed.
                    (B) Application.--This policy--
                            (i) applies to peer review of the 
                        scientific, engineering, or technical basis of 
                        the decision or recommendation; and
                            (ii) does not apply to the decision or 
                        recommendation itself.
            (2) Guidelines.--
                    (A) In general.--Not later than the date that is 1 
                year after the date of enactment of this Act, the Chief 
                of Engineers shall publish and implement guidelines to 
                Corps of Engineers Division and District Engineers for 
                the use of peer review (including external peer review) 
                of major scientific, engineering, and technical work 
                products that support the recommendations of the Chief 
                to Congress for implementation of water resources 
                projects.
                    (B) Information quality act.--The guidelines shall 
                be consistent with the Information Quality Act (section 
                515 of Public Law 106-554), as implemented in Office of 
                Management and Budget, Revised Information Quality 
                Bulletin for Peer Review, dated December 15, 2004.
                    (C) Requirements.--The guidelines shall adhere to 
                the following requirements:
                            (i) Application of peer review.--Peer 
                        review shall--
                                    (I) be applied only to the 
                                engineering, scientific, and technical 
                                basis for recommendations; and
                                    (II) shall not be applied to--
                                            (aa) a specific 
                                        recommendation; or
                                            (bb) the application of 
                                        policy to recommendations.
                            (ii) Analyses and evaluations in multiple 
                        project studies.--Guidelines shall provide for 
                        conducting and documenting peer review of major 
                        scientific, technical, or engineering methods, 
                        models, procedures, or data that are used for 
                        conducting analyses and evaluations in multiple 
                        project studies.
                            (iii) Inclusions.--Peer review applied to 
                        project studies may include a review of--
                                    (I) the economic and environmental 
                                assumptions and projections;
                                    (II) project evaluation data;
                                    (III) economic or environmental 
                                analyses;
                                    (IV) engineering analyses;
                                    (V) methods for integrating risk 
                                and uncertainty;
                                    (VI) models used in evaluation of 
                                economic or environmental impacts of 
                                proposed projects; and
                                    (VII) any related biological 
                                opinions.
                            (iv) Exclusion.--Peer review applied to 
                        project studies shall exclude a review of any 
                        methods, models, procedures, or data previously 
                        subjected to peer review.
                            (v) Timing of review.--Peer review related 
                        to the engineering, scientific, or technical 
                        basis of any project study shall be completed 
                        prior to the completion of any Chief of 
                        Engineers report for a specific water resources 
                        project.
                            (vi) Delays; increased costs.--Peer reviews 
                        shall be conducted in a manner that does not--
                                    (I) cause a delay in study 
                                completion; or
                                    (II) increase costs.
                            (vii) Record of recommendations.--
                                    (I) In general.--After receiving a 
                                report from any peer review panel, the 
                                Chief of Engineers shall prepare a 
                                record that documents--
                                            (aa) any recommendations 
                                        contained in the report; and
                                            (bb) any written response 
                                        for any recommendation adopted 
                                        or not adopted and included in 
                                        the study documentation.
                                    (II) External review record.--If 
                                the panel is an external peer review 
                                panel of a project study, the record of 
                                the review shall be included with the 
                                report of the Chief of Engineers to 
                                Congress.
                            (viii) External panel of experts.--
                                    (I) In general.--Any external panel 
                                of experts assembled to review the 
                                engineering, science, or technical 
                                basis for the recommendations of a 
                                specific project study shall--
                                            (aa) complete the peer 
                                        review of the project study and 
                                        submit to the Chief of 
                                        Engineers a report not later 
                                        than 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) at the 
                                        time established by the Chief, 
                                        but in no event later than 90 
                                        days after the date a draft 
                                        project study of the District 
                                        Engineer is made available for 
                                        public review; and
                                            (bb) terminate on the date 
                                        of submission of the report by 
                                        the panel.
                    (II) Failure to complete review and report.--If an 
                external panel does not complete the peer review of a 
                project study and submit to the Chief of Engineers a 
                report by the deadline established by subclause (I), 
                the Chief of Engineers shall continue the project 
                without delay.
            (3) Costs.--
                    (A) In general.--The costs of a panel of experts 
                established for a peer review under this section--
                            (i) shall be a Federal expense; and
                            (ii) shall not exceed $500,000 for review 
                        of the engineering, scientific, or technical 
                        basis for any single water resources project 
                        study.
                    (B) Waiver.--The Chief of Engineers may waive the 
                $500,000 limitation under subparagraph (A) if the Chief 
                of Engineers determines appropriate.
            (4) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Chief of Engineers shall submit to 
        Congress a report describing the implementation of this 
        section.
            (5) Nonapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) does not 
        apply to any peer review panel established by the Chief of 
        Engineers.
            (6) Panel of experts.--The Chief of Engineers may 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 
        for technical and scientific sufficiency.
            (7) 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 the engineering, scientific, 
        or technical basis of any water resources project in existence 
        on the date of enactment of this Act.

SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

    (a) Completion of Mitigation.--Section 906(a) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended by 
adding at the following:
            ``(3) Completion of mitigation.--In any case in which it is 
        not technically practicable to complete mitigation by the last 
        day of construction of the project or separable element of the 
        project because of the nature of the mitigation to be 
        undertaken, the Secretary shall complete the required 
        mitigation as expeditiously as practicable, but in no case 
        later than the last day of the first fiscal year beginning 
        after the last day of construction of the project or separable 
        element of the project.''.
    (b) Use of Consolidated Mitigation.--Section 906(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2283(b)) is amended by 
adding at the end the following:
            ``(3) Use of consolidated mitigation.--
                    ``(A) In general.--If the Secretary determines that 
                other forms of compensatory mitigation are not 
                practicable or are less environmentally desirable, the 
                Secretary may purchase available credits from a 
                mitigation bank or conservation bank that is approved 
                in accordance with the Federal Guidance for the 
                Establishment, Use and Operation of Mitigations Banks 
                (60 Fed. Reg. 58605) or other applicable Federal laws 
                (including regulations).
                    ``(B) Service area.--To the maximum extent 
                practicable, the service area of the mitigation bank or 
                conservation bank shall be in the same watershed as the 
                affected habitat.
                    ``(C) Responsibility relieved.--Purchase of credits 
                from a mitigation bank or conservation bank for a water 
                resources project relieves the Secretary and the non-
                Federal interest from responsibility for monitoring or 
                demonstrating mitigation success.''.
    (b) 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)(i) a description of the physical action to be 
                undertaken to achieve the mitigation objectives in the 
                watershed in which the losses occur; and
                    ``(ii) 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 quantity of types of 
                land or interests in land that should be acquired for 
                mitigation and the basis for a determination that the 
                land are available for acquisition;
                    ``(C) the type, quantity, and characteristics of 
                the habitat being restored; and
                    ``(D) 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 the 
                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, the entity shall 
        be identified in the partnership agreement entered into with 
        the non-Federal interest.''.
    (c) Status Report.--
            (1) In general.--Concurrent with the submission of the 
        President to Congress of the request of the President for 
        appropriations for the Civil Works Program for a fiscal year, 
        the Secretary shall submit to the Committee on the Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report describing the status of construction 
        of projects that require mitigation under section 906 of Water 
        Resources Development Act 1986 (33 U.S.C. 2283) and the status 
        of that mitigation.
            (2) Projects included.--The status report shall include the 
        status of--
                    (A) all projects that are under construction as of 
                the date of the report;
                    (B) all projects for which the President requests 
                funding for the next fiscal year; and
                    (C) all projects that have completed construction, 
                but have not completed the mitigation required under 
                section 906 of the Water Resources Development Act of 
                1986 (33 U.S.C. 2283).

SEC. 2009. STATE TECHNICAL ASSISTANCE.

    Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16) is amended--
            (1) by striking ``Sec. 22. (a) The Secretary'' and 
        inserting the following:

``SEC. 22. PLANNING ASSISTANCE TO STATES.

    ``(a) Federal State Cooperation.--
            ``(1) Comprehensive plans.--The Secretary'';
            (2) in subsection (a), by adding at the end 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 
                the 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)--
                    (A) by striking ``(c) There is'' and inserting the 
                following:
    ``(c) Authorization of Appropriations.--
            ``(1) Federal and state cooperation.--There is'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)), by striking ``the provisions of this section 
                except that not more than $500,000 shall be expended in 
                any one year in any one State.'' and inserting 
                ``subsection (a)(1).''; and
                    (C) by adding at the end the following:
            ``(2) Technical assistance.--There is authorized to be 
        appropriated to carry out subsection (a)(2) $10,000,000 for 
        each fiscal year, of which not more than $2,000,000 for each 
        fiscal year may be used by the Secretary to enter into 
        cooperative agreements with nonprofit organizations and State 
        agencies to provide assistance to rural and small 
        communities.''; and
            (6) by adding at the end the following:
    ``(e) Annual Submission.--For each fiscal year, based on 
performance criteria developed by the Secretary, the Secretary shall 
list in the annual civil works budget submitted to Congress the 
individual activities proposed for funding under subsection (a)(1) for 
the fiscal year.''.

SEC. 2010. ACCESS TO WATER RESOURCE DATA.

    (a) In General.--The Secretary, acting through the Chief of 
Engineers, 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 resource 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. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL 
              INTERESTS.

    (a) In General.--Section 211(e)(6) of the Water Resources 
Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended by adding 
at the end following:
                    ``(E) Budget priority.--
                            ``(i) In general.--Budget priority for 
                        projects under this section shall be 
                        proportionate to the percentage of project 
                        completion.
                            ``(ii) Completed project.--A completed 
                        project shall have the same priority as a 
                        project with a contractor on site.''.
    (b) 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) Thornton reservoir, cook county, illinois.--An 
        element of the project for flood control, Chicagoland Underflow 
        Plan, Illinois.
            ``(10) St. paul downtown airport (holman field), st. paul, 
        minnesota.--The project for flood damage reduction, St. Paul 
        Downtown Holman Field), St. Paul, Minnesota.
            ``(11) Buffalo bayou, texas.--The project for flood 
        control, Buffalo Bayou, Texas, authorized by the first section 
        of the Act of June 20, 1938 (52 Stat. 804, chapter 535) 
        (commonly known as the `River and Harbor Act of 1938') and 
        modified by section 3a of the Act of August 11, 1939 (53 Stat. 
        1414, chapter 699) (commonly known as the `Flood Control Act of 
        1939'), except that, subject to the approval of the Secretary 
        as provided by this section, the non-Federal interest may 
        design and construct an alternative to such project.
            ``(12) Halls bayou, texas.--The Halls Bayou element of the 
        project for flood control, Buffalo Bayou and tributaries, 
        Texas, authorized by section 101(a)(21) of the Water Resources 
        Development Act of 1990 (33 U.S.C. 2201 note), except that, 
        subject to the approval of the Secretary as provided by this 
        section, the non-Federal interest may design and construct an 
        alternative to such project.''.

SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

    (a) In General.--Section 204 of the Water Resources Development Act 
of 1992 (33 U.S.C. 2326) is amended to read as follows:
    ``(a) In General.--In connection with sediment obtained through the 
construction, operation, or maintenance of an authorized Federal water 
resources project, the Secretary, acting through the Chief of 
Engineers, shall develop Regional Sediment Management plans and carry 
out projects at locations identified in the plan prepared under 
subsection (e), or identified jointly by the non-Federal interest and 
the Secretary, for use in the construction, repair, modification, or 
rehabilitation of projects associated with Federal water resources 
projects, for--
            ``(1) the protection of property;
            ``(2) the protection, restoration, and creation of aquatic 
        and ecologically related habitats, including wetlands; and
            ``(3) the transport and placement of suitable sediment
    ``(b) Secretarial Findings.--Subject to subsection (c), projects 
carried out under subsection (a) may be carried out in any case in 
which the Secretary finds that--
            ``(1) the environmental, economic, and social benefits of 
        the project, both monetary and nonmonetary, justify the cost of 
        the project; and
            ``(2) the project would not result in environmental 
        degradation.
    ``(c) Determination of Planning and Project Costs.--
            ``(1) In general.--In consultation and cooperation with the 
        appropriate Federal, State, regional, and local agencies, the 
        Secretary, acting through the Chief of Engineers, shall develop 
        at Federal expense plans and projects for regional management 
        of sediment obtained in conjunction with construction, 
        operation, and maintenance of Federal water resources projects.
            ``(2) Costs of construction.--
                    ``(A) In general.--Costs associated with 
                construction of a project under this section or 
                identified in a Regional Sediment Management plan 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 
                an authorized Federal water resources project in the 
                most cost-effective way, consistent with economic, 
                engineering, and environmental criteria.
                    ``(B) Cost sharing.--The determination of any non-
                Federal share of the construction cost shall be based 
                on the cost sharing as specified in subsections (a) 
                through (d) of section 103 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2213), for the type 
                of Federal water resource project using the dredged 
                resource.
        <DELETED>    ``(3) Total cost.--Total Federal costs associated 
        with construction of a project under this section shall not 
        exceed $5,000,000 without Congressional approval.</DELETED>
                    ``(C) Total cost.--Total Federal costs associated 
                with construction of a project under this section shall 
                not exceed $5,000,000 without Congressional approval.
            ``<DELETED>(4)</DELETED> (3) Operation, maintenance, 
        replacement, and rehabilitation costs.--Operation, maintenance, 
        replacement, and rehabilitation costs associated with a project 
        are a non-Federal sponsor responsibility.
    ``(d) Selection of Sediment Disposal Method for Environmental 
Purposes.--
            ``(1) In general.--In developing and carrying out a Federal 
        water resources project involving the disposal of material, the 
        Secretary may select, with the consent of the non-Federal 
        interest, a disposal method that is not the least-cost option 
        if the Secretary determines that the incremental costs of the 
        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.
            ``(2) Federal share.--The Federal share of such incremental 
        costs shall be determined in accordance with subsection (c).
    ``(e) State and Regional Plans.--The Secretary, acting through the 
Chief of Engineers, may--
            ``(1) cooperate with any State in the preparation of a 
        comprehensive State or regional coastal sediment management 
        plan within the boundaries of the State;
            ``(2) encourage State participation in the implementation 
        of the plan; and
            ``(3) submit to Congress reports and recommendations with 
        respect to appropriate Federal participation in carrying out 
        the plan.
    ``(f) Priority Areas.--In carrying out this section, the Secretary 
shall give priority to regional sediment management projects in the 
vicinity of--
            ``(1) Fire Island Inlet, Suffolk County, New York;
            ``(2) Fletcher Cove, California;
            ``(3) Delaware River Estuary, New Jersey and Pennsylvania; 
        and
            ``(4) Toledo Harbor, Lucas County, Ohio.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 during each fiscal 
year, to remain available until expended, for the Federal costs 
identified under subsection (c), of which up to $5,000,000 shall be 
used for the development of regional sediment management plans as 
provided in subsection (e).
    ``(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.''.
    (b) Repeal.--
            (1) In general.--Section 145 of the Water Resources 
        Development Act of 1976 (33 U.S.C. 426j) is repealed.
            (2) Existing projects.--The Secretary, acting through the 
        Chief of Engineers, may complete any project being carried out 
        under section 145 on the day before the date of enactment of 
        this Act.

SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT PROGRAM.

    (a) In General.--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 
to read as follows:

``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT MINIMIZATION 
              PROGRAM.

    ``(a) Construction of Small Shore and Beach Restoration and 
Protection Projects.--
            ``(1) In general.--The Secretary may carry out construction 
        of small shore and beach restoration and protection projects 
        not specifically authorized by Congress that otherwise comply 
        with the first section of this Act if the Secretary determines 
        that such construction is advisable.
            ``(2) Local cooperation.--The local cooperation requirement 
        under the first section of this Act shall apply to a project 
        under this section.
            ``(3) Completeness.--A project under this section--
                    ``(A) shall be complete; and
                    ``(B) shall not commit the United States to any 
                additional improvement to ensure the successful 
                operation of the project, except for participation in 
                periodic beach nourishment in accordance with--
                            ``(i) the first section of this Act; and
                            ``(ii) the procedure for projects 
                        authorized after submission of a survey report.
    ``(b) National Shoreline Erosion Control Development and 
Demonstration Program.--
            ``(1) In general.--The Secretary, acting through the Chief 
        of Engineers, shall conduct a national shoreline erosion 
        control development and demonstration program (referred to in 
        this section as the `program').
            ``(2) Requirements.--
                    ``(A) In general.--The program shall include 
                provisions for--
                            ``(i) projects consisting of planning, 
                        design, construction, and adequate monitoring 
                        of prototype engineered and native and 
                        naturalized vegetative shoreline erosion 
                        control devices and methods;
                            ``(ii) detailed engineering and 
                        environmental reports on the results of each 
                        project carried out under the program; and
                            ``(iii) technology transfers, as 
                        appropriate, to private property owners, State 
                        and local entities, nonprofit educational 
                        institutions, and nongovernmental 
                        organizations.
                    ``(B) Determination of feasibility.--A project 
                under this section shall not be carried out until the 
                Secretary, acting through the Chief of Engineers, 
                determines that the project is feasible.
                    ``(C) Emphasis.--A project carried out under the 
                program shall emphasize, to the maximum extent 
                practicable--
                            ``(i) the development and demonstration of 
                        innovative technologies;
                            ``(ii) efficient designs to prevent erosion 
                        at a shoreline site, taking into account the 
                        lifecycle cost of the design, including 
                        cleanup, maintenance, and amortization;
                            ``(iii) new and enhanced shore protection 
                        project design and project formulation tools 
                        the purposes of which are to improve the 
                        physical performance, and lower the lifecycle 
                        costs, of the projects;
                            ``(iv) natural designs, including the use 
                        of native and naturalized vegetation or 
                        temporary structures that minimize permanent 
                        structural alterations to the shoreline;
                            ``(v) the avoidance of negative impacts to 
                        adjacent shorefront communities;
                            ``(vi) the potential for long-term 
                        protection afforded by the technology; and
                            ``(vii) recommendations developed from 
                        evaluations of the program established under 
                        the Shoreline Erosion Control Demonstration Act 
                        of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 26), 
                        including--
                                    ``(I) adequate consideration of the 
                                subgrade;
                                    ``(II) proper filtration;
                                    ``(III) durable components;
                                    ``(IV) adequate connection between 
                                units; and
                                    ``(V) consideration of additional 
                                relevant information.
                    ``(D) Sites.--
                            ``(i) In general.--Each project under the 
                        program shall be carried out at--
                                    ``(I) a privately owned site with 
                                substantial public access; or
                                    ``(II) a publicly owned site on 
                                open coast or in tidal waters.
                            ``(ii) Selection.--The Secretary, acting 
                        through the Chief of Engineers, shall develop 
                        criteria for the selection of sites for 
                        projects under the program, including criteria 
                        based on--
                                    ``(I) a variety of geographic and 
                                climatic conditions;
                                    ``(II) the size of the population 
                                that is dependent on the beaches for 
                                recreation or the protection of private 
                                property or public infrastructure;
                                    ``(III) the rate of erosion;
                                    ``(IV) significant natural 
                                resources or habitats and 
                                environmentally sensitive areas; and
                                    ``(V) significant threatened 
                                historic structures or landmarks.
            ``(3) Consultation.--The Secretary, acting through the 
        Chief of Engineers, shall carry out the program in consultation 
        with--
                    ``(A) the Secretary of Agriculture, particularly 
                with respect to native and naturalized vegetative means 
                of preventing and controlling shoreline erosion;
                    ``(B) Federal, State, and local agencies;
                    ``(C) private organizations;
                    ``(D) the Coastal Engineering Research Center 
                established by the first section of Public Law 88-172 
                (33 U.S.C. 426-1); and
                    ``(E) applicable university research facilities.
            ``(4) Completion of demonstration.--After carrying out the 
        initial construction and evaluation of the performance and 
        lifecycle cost of a demonstration project under this section, 
        the Secretary, acting through the Chief of Engineers, may--
                    ``(A) at the request of a non-Federal interest of 
                the project, amend the agreement for a federally-
                authorized shore protection project in existence on the 
                date on which initial construction of the demonstration 
                project is complete to incorporate the demonstration 
                project as a feature of the shore protection project, 
                with the future cost of the demonstration project to be 
                determined by the cost-sharing ratio of the shore 
                protection project; or
                    ``(B) transfer all interest in and responsibility 
                for the completed demonstration project to the non-
                Federal or other Federal agency interest of the 
                project.
            ``(5) Agreements.--The Secretary, acting through the Chief 
        of Engineers, may enter into an agreement with the non-Federal 
        or other Federal agency interest of a project under this 
        section--
                    ``(A) to share the costs of construction, 
                operation, maintenance, and monitoring of a project 
                under the program;
                    ``(B) to share the costs of removing a project or 
                project element constructed under the program, if the 
                Secretary determines that the project or project 
                element is detrimental to private property, public 
                infrastructure, or public safety; or
                    ``(C) to specify ownership of a completed project 
                that the Chief of Engineers determines will not be part 
                of a Corps of Engineers project.
            ``(6) Report.--Not later than December 31 of each year 
        beginning after the date of enactment of this paragraph, the 
        Secretary shall prepare and 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 describing--
                    ``(A) the activities carried out and 
                accomplishments made under the program during the 
                preceding year; and
                    ``(B) any recommendations of the Secretary relating 
                to the program.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        may expend, from any appropriations made available to the 
        Secretary for the purpose of carrying out civil works, not more 
        than $30,000,000 during any fiscal year to pay the Federal 
        share of the costs of construction of small shore and beach 
        restoration and protection projects or small projects under the 
        program.
            ``(2) Limitation.--The total amount expended for a project 
        under this section shall--
                    ``(A) be sufficient to pay the cost of Federal 
                participation in the project (including periodic 
                nourishment as provided for under the first section of 
                this Act), as determined by the Secretary; and
                    ``(B) be not more than $3,000,000.''.
    (b) Repeal.--Section 5 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. 426e et seq.; 110 
Stat. 3700) is repealed.

SEC. 2014. 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 shore protection projects and 
related research that encourage the protection, restoration, and 
enhancement of sandy beaches, including beach restoration and periodic 
beach renourishment for a period of 50 years, on a comprehensive and 
coordinated basis by the Federal Government, States, localities, and 
private enterprises.
    (b) Preference.--In carrying out the policy, preference shall be 
given to--
            (1) areas in which there has been a Federal investment of 
        funds; 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 in existence on the date of 
enactment of this Act).

SEC. 2015. COST SHARING FOR MONITORING.

    (a) In General.--Costs incurred for monitoring for an ecosystem 
restoration project shall be cost-shared--
            (1) in accordance with the formula relating to the 
        applicable original construction project; and
            (2) for a maximum period of 10 years.
    (b) Aggregate Limitation.--Monitoring costs for an ecosystem 
restoration project--
            (1) shall not exceed in the aggregate, for a 10-year 
        period, an amount equal to 5 percent of the cost of the 
        applicable original construction project; and
            (2) after the 10-year period, shall be 100 percent non-
        Federal.

SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

    For each of the following projects, the Corps of Engineers shall 
include ecosystem restoration benefits in the calculation of benefits 
for the project:
            (1) Grayson's Creek, California.
            (2) Seven Oaks, California.
            (3) Oxford, California.
            (4) Walnut Creek, California.
            (5) Wildcat Phase II, California.

SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING OF 
              PERMITS.

    Section 214(a) of the Water Resources Development Act of 2000 (33 
U.S.C. 2201 note; 114 Stat. 2594) is amended by striking ``In fiscal 
years 2001 through 2003, the'' and inserting ``The''.

SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall implement a program to allow 
electronic submission of permit applications for permits under the 
jurisdiction of the Corps of Engineers.
    (b) Limitations.--This section does not preclude the submission of 
a hard copy, as required.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF ENGINEERS 
              RESERVOIRS.

    (a) In General.--As part of the operation and maintenance, by the 
Corps of Engineers, of reservoirs in operation as of the date of 
enactment of this Act, the Secretary shall carry out the measures 
described in subsection (c) to support the water resource needs of 
project sponsors and any affected State, local, or tribal government 
for authorized project purposes.
    (b) Cooperation.--The Secretary shall carry out the measures 
described in subsection (c) in cooperation and coordination with 
project sponsors and any affected State, local, or tribal government.
    (c) Measures.--In carrying out this section, the Secretary may--
            (1) conduct a study to identify unused, underused, or 
        additional water storage capacity at reservoirs;
            (2) review an operational plan and identify any change to 
        maximize an authorized project purpose to improve water storage 
        capacity and enhance efficiency of releases and withdrawal of 
        water;
            (3) improve and update data, data collection, and 
        forecasting models to maximize an authorized project purpose 
        and improve water storage capacity and delivery to water users; 
        and
            (4) conduct a sediment study and implement any sediment 
        management or removal measure.
    (d) Revenues.--
            (1) In general.--Revenues collected in connection with 
        water storage for municipal or industrial water supply at a 
        reservoir operated by the Corps of Engineers for navigation, 
        flood control, or multiple purpose projects shall be credited 
        to the revolving fund established under section 101 of the 
        Civil Functions Appropriations Act, 1954 (33 U.S.C. 701b-10).
            (2) Availability.--
                    (A) District from which revenue is received.--
                            (i) In general.--Subject to clause (ii), 80 
                        percent of the revenue received from each 
                        District of the Corps of Engineers shall be 
                        available for defraying the costs of planning, 
                        operation, maintenance, replacements, and 
                        upgrades of, and emergency expenditures for, 
                        any facility of the Corps of Engineers projects 
                        within that District.
                            (ii) Source of payments.--With respect to 
                        each activity described in clause (i), costs of 
                        planning, operation, maintenance, replacements, 
                        and upgrades of a facility of the Corps of 
                        Engineers for the project shall be paid from 
                        available revenues received from <DELETED>the</DELETED> 
                        that project.
                    (B) Agency-wide.--20 percent of the revenue 
                received from each District of the Corps of Engineers 
                shall be available agency-wide for defraying the costs 
                of planning, operation, maintenance, replacements, and 
                upgrades of, and emergency expenditures for, all Corps 
                of Engineers projects.
            (3) Special cases.--
                    (A) Costs of water supply storage.--In the case of 
                a reservoir operated or maintained by the Corps of 
                Engineers on the date of enactment of this Act, the 
                storage charge for a future contract or contract 
                renewal for the first cost of water supply storage at 
                the reservoir shall be the lesser of the estimated cost 
                of purposes foregone, replacement costs, or the updated 
                cost of storage.
                    (B) Reallocation.--In the case of a water supply 
                that is reallocated from another project purpose to 
                municipal or industrial water supply, the joint use 
                costs for the reservoir shall be adjusted to reflect 
                the reallocation of project purposes.
                    (C) Credit for affected project purposes.--In the 
                case of a reallocation that adversely affects 
                hydropower generation, the Secretary shall defer to the 
                Administrator of the respective Power Marketing 
                Administration to calculate the impact of such a 
                reallocation on the rates for hydroelectric power.

SEC. 2020. CORPS OF ENGINEERS HYDROPOWER OPERATION AND MAINTENANCE 
              FUNDING.

    (a) In General.--Notwithstanding the last sentence of section 5 of 
the Act of December 22, 1944 (commonly known as the ``Flood Control Act 
of 1944'') (58 Stat. 890, chapter 665; 16 U.S.C. 825s), the 11th 
paragraph under the heading ``Office of the Secretary'' in title I of 
the Act of October 12, 1949 (63 Stat. 767, chapter 680; 16 U.S.C. 825s-
1), the matter under the heading ``Continuing fund, southeastern power 
administration'' in title I of the Act of August 31, 1951 (65 Stat. 
249, chapter 375; 16 U.S.C. 825s-2), section 3302 of title 31, United 
States Code, or any other law, and without further appropriation or 
fiscal year limitation, for fiscal year 2005 as set forth in subsection 
(c) and each fiscal year thereafter, the Administrator of the 
Southeastern Power Administration, the Administrator of the 
Southwestern Power Administration, and the Administrator of the Western 
Area Power Administration may credit to the Secretary of the Army 
(referred to in this section as the ``Secretary''), receipts from the 
sale of power and related services, in an amount determined under 
subsection (c).
    (b) Use of Funds.--
            (1) In general.--The Secretary--
                    (A) shall, except as provided in paragraph (2), use 
                an amount credited under subsection (a) to fund only 
                the Corps of Engineers annual operation and maintenance 
                activities that are allocated exclusively to the power 
                function and assigned to the respective power marketing 
                administration and respective project system as 
                applicable for repayment; and
                    (B) shall not use an amount credited under 
                subsection (a) for any cost allocated to a non-power 
                function of Corps of Engineer operations.
            (2) Exception.--The Secretary may use an amount credited by 
        the Southwestern Power Administration under subsection (a) for 
        capital and nonrecurring costs and may use an amount credited 
        by Southeastern Power Administration for capital and 
        nonrecurring costs, if no credit exceeds the rates on file at 
        the Federal Energy Regulatory Commission for the Southeastern 
        Power Administration.
    (c) Amount.--The amount credited under subsection (a) shall be 
equal to an amount that--
            (1) the Secretary requests; and
            (2) the appropriate Administrator, in consultation with the 
        Secretary and the power customers of the power marketing 
        administration of the Administrator, determines to be 
        appropriate to apply to the costs referred to in subsection 
        (b).
    (d) Consultation.--
            (1) Time frame.--Not later than the date that is 20 days 
        after the date of enactment of this Act, the appropriate 
        Administrator shall submit to the Appropriations Committee a 
        report describing the time frame during which the consultation 
        process described in subsection (c) shall be completed.
            (2) Failure to agree.--If the Secretary and the appropriate 
        Administrator and customer representatives cannot agree on the 
        amount to be credited under subsection (c), the appropriate 
        Administrator shall determine the amount to be credited.
    (e) Applicable Law.--An amount credited under subsection (a) is 
exempt from sequestration under the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901 et seq.).

SEC. 2021. FEDERAL HOPPER DREDGES.

    (a) Elimination of Restriction on Use.--Section 3(c)(7)(B) of the 
Act of August 11, 1888 (33 U.S.C. 622; 25 Stat. 423) is amended by 
adding at the end the following: ``This subparagraph shall not apply to 
the Federal hopper dredges Essayons and Yaquina of the Corps of 
Engineers.''.
    (b) Decommission.--Section 563 of the Water Resources Development 
Act of 1996 (110 Stat. 3784) is amended to read as follows:

``SEC. 563. HOPPER DREDGE MCFARLAND.

    ``Not later than 1 year after the date of enactment of the Water 
Resources Development Act of 2005, the Secretary shall promulgate such 
regulations and take such actions as the Secretary determines to be 
necessary to decommission the Federal hopper dredge Mcfarland.''.

SEC. 2022. OBSTRUCTION TO NAVIGATION.

    Section 10 of the Act of March 3, 1899 (33 U.S.C. 403), is amended 
by adding at the end the following: ``Nothing in this section shall be 
construed as to provide for the regulation of activities or structures 
on private property, unless the Secretary, in consultation with the 
Secretary of the department in which the Coast Guard is operating, 
determines that such activity would pose a threat to the safe transit 
of maritime traffic.''.

              Subtitle B--Continuing Authorities Projects

SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.

    Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is 
amended--
            (1) by striking ``Sec. 107. (a) That the Secretary of the 
        Army is hereby authorized to'' and inserting the following:

``SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.

    ``(a) In General.--The Secretary of the Army may'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Not more'' and inserting the 
                following:
    ``(b) Allotment.--Not more''; and
                    (B) by striking ``$4,000,000'' and inserting 
                ``$7,000,000'';
            (3) in subsection (c), by striking ``(c) Local'' and 
        inserting the following:
    ``(c) Local Contributions.--Local'';
            (4) in subsection (d), by striking ``(d) Non-Federal'' and 
        inserting the following:
    ``(d) Non-Federal Share.--Non-Federal'';
            (5) in subsection (e), by striking ``(e) Each'' and 
        inserting the following:
    ``(e) Completion.--Each''; and
            (6) in subsection (f), by striking ``(f) This'' and 
        inserting the following:
    ``(f) Applicability.--This''.

SEC. 2032. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT SHORES AND 
              STREAMBANKS.

    Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$1,000,000'' and inserting 
        ``$1,500,000''.

SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC AND 
              RIPARIAN ECOSYSTEMS PROGRAM.

    Section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC 
              AND RIPARIAN ECOSYSTEMS PROGRAM.'';

            (2) in subsection (a), by striking ``an aquatic'' and 
        inserting ``a freshwater aquatic''; and
            (3) in subsection (e), by striking ``$25,000,000'' and 
        inserting ``$75,000,000''.

SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND 
              RESTORATION OF ECOSYSTEMS PROGRAM.

    Section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND 
              RESTORATION OF ECOSYSTEMS PROGRAM.'';

            and
            (2) in subsection (h), by striking ``25,000,000'' and 
        inserting ``$50,000,000''.

SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COASTAL HABITATS.

    (a) In General.--The Secretary may carry out an estuary habitat 
restoration project if the Secretary determines that the project--
            (1) will improve the elements and features of an estuary 
        (as defined in section 103 of the Estuaries and Clean Waters 
        Act of 2000 (33 U.S.C. 2902));
            (2) is in the public interest; and
            (3) is cost-effective.
    (b) Cost Sharing.--The non-Federal share of the cost of 
construction of any project under this section--
            (1) shall be 35 percent; and
            (2) shall include the costs of all land, easements, rights-
        of-way, and necessary relocations.
    (c) Agreements.--Construction of a project under this section shall 
commence only after a non-Federal interest has entered into a binding 
agreement with the Secretary to pay--
            (1) the non-Federal share of the costs of construction 
        required under subsection (b); and
            (2) in accordance with regulations promulgated by the 
        Secretary, 100 percent of the costs of any operation, 
        maintenance, replacement, or rehabilitation of the project.
    (d) Limitation.--Not more than $5,000,000 in Federal funds may be 
allocated under this section for a project at any 1 location.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each fiscal year 
beginning after the date of enactment of this Act.

SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

    Section 560 of the Water Resources Development Act of 1999 (33 
U.S.C. 2336; 113 Stat. 354-355) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively;
            (3) by inserting before subsection (b) (as redesignated by 
        paragraph (2)) the following:
    ``(a) Definition of Non-Federal Interest.--In this section, the 
term `non-Federal interest' includes, with the consent of the affected 
local government, nonprofit entities, notwithstanding section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).'';
            (4) in subsection (b) (as redesignated by paragraph (2)), 
        by--
                    (A) by inserting ``, and construction'' before 
                ``assistance''; and
                    (B) by inserting ``, including, with the consent of 
                the affected local government, nonprofit entities,'' 
                after ``non-Federal interests'';
            (5) in paragraph (3) of subsection (c) (as redesignated by 
        paragraph (2))--
                    (A) by inserting ``physical hazards and'' after 
                ``adverse''; and
                    (B) by striking ``drainage from'';
            (6) in subsection (d) (as redesignated by paragraph (2)), 
        by striking ``50'' and inserting ``25''; and
            (7) by adding at the end the following:
    ``(g) Operation and Maintenance.--The non-Federal share of the 
costs of operation and maintenance for a project carried out under this 
section shall be 100 percent.
    ``(h) No Effect on Liability.--The provision of assistance under 
this section shall not relieve from liability any person that would 
otherwise be liable under Federal or State law for damages, response 
costs, natural resource damages, restitution, equitable relief, or any 
other relief.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for each fiscal year 
$45,000,000, to remain available until expended.''.

SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION OR REMOVAL OF DAMS.

    (a) In General.--The Secretary may carry out a small dam removal or 
rehabilitation project if the Secretary determines that the project 
will improve the quality of the environment or is in the public 
interest.
    (b) Cost Sharing.--A non-Federal interest shall provide 35 percent 
of the cost of the removal or remediation of any project carried out 
under this section, including provision of all land, easements, rights-
of-way, and necessary relocations.
    (c) Agreements.--Construction of a project under this section shall 
be commenced only after a non-Federal interest has entered into a 
binding agreement with the Secretary to pay--
            (1) the non-Federal share of the costs of construction 
        required by this section; and
            (2) 100 percent of any operation and maintenance cost.
    (d) Cost Limitation.--Not more than $5,000,000 in Federal funds may 
be allotted under this section for a project at any single location.
    (e) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each fiscal year.

SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

    (a) In General.--The Secretary shall develop eligibility criteria 
for Federal participation in navigation projects located in 
economically disadvantaged communities that are--
            (1) dependent on water transportation for subsistence; and
            (2) located in--
                    (A) remote areas of the United States;
                    (B) American Samoa;
                    (C) Guam;
                    (D) the Commonwealth of the Northern Mariana 
                Islands;
                    (E) the Commonwealth of Puerto Rico; or
                    (F) the United States Virgin Islands.
    (b) Administration.--The criteria developed under this section--
            (1) shall--
                    (A) provide for economic expansion; and
                    (B) identify opportunities for promoting economic 
                growth; and
            (2) shall not require project justification solely on the 
        basis of National Economic Development benefits received.

SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

    (a) Partnership Agreements.--Section 221 of the Flood Control Act 
of 1970 (42 U.S.C. 1962d-5b) (as amended by section 2001) is amended--
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``After the date of 
                enactment'' and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--After the date of 
        enactment'';</DELETED>
                <DELETED>    (B) by striking ``under the provisions'' 
                and all that follows through ``under any other'' and 
                inserting ``under any'';</DELETED>
                <DELETED>    (C) by inserting ``partnership'' after 
                ``written'';</DELETED>
                <DELETED>    (D) by striking ``Secretary of the Army to 
                furnish its required cooperation for'' and inserting 
                ``district engineer for the district in which the 
                project will be carried out under which each party 
                agrees to carry out its responsibilities and 
                requirements for implementation or construction 
                of'';</DELETED>
                <DELETED>    (E) by inserting after ``$25,000.'' the 
                following:</DELETED>
        <DELETED>    ``(2) Liquidated damages.--An agreement described 
        in paragraph (1) may include a provision for liquidated damages 
        in the event of a failure of 1 or more parties to perform.''; 
        and</DELETED>
                <DELETED>    (F) by striking ``In any such agreement'' 
                and inserting the following:</DELETED>
        <DELETED>    ``(3) Obligation of future appropriations.--In any 
        agreement described in paragraph (1)'';</DELETED>
            (2)</DELETED> (1) by redesignating subsection (e) as 
        subsection (g); and
            <DELETED>(3)</DELETED> (2) by inserting after subsection 
        (d) the following:
    ``(e) Public Health and Safety.--If the Secretary determines that a 
project needs to be continued for the purpose of public health and 
safety--
            ``(1) the non-Federal interest shall pay the increased 
        projects costs, up to an amount equal to 20 percent of the 
        original estimated project costs and in accordance with the 
        statutorily-determined cost share; and
            ``(2) notwithstanding the statutorily-determined Federal 
        share, the Secretary shall pay all increased costs remaining 
        after payment of 20 percent of the increased costs by the non-
        Federal interest under paragraph (1).
    ``(f) Limitation.--Nothing in subsection (a) limits the authority 
of the Secretary to ensure that a partnership agreement meets the 
requirements of law and policies of the Secretary in effect on the date 
of execution of the partnership agreement.''.
    (b) Local Cooperation.--Section 912(b) of the Water Resources 
Development Act of 1986 (100 Stat. 4190) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``shall'' 
                and inserting ``may''; and
                    (B) by striking the second sentence; and
            (2) in paragraph (4)--
                    (A) in the first sentence--
                            (i) by striking ``injunction, for'' and 
                        inserting the following: ``injunction and 
                        payment of liquidated damages, for''; and
                            (ii) by striking ``to collect a civil 
                        penalty imposed under this section,''; and
                    (B) in the second sentence, by striking ``any civil 
                penalty imposed under this section,'' and inserting 
                ``any liquidated damages,''.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsections (a) and (b) apply only to 
        partnership agreements entered into after the date of enactment 
        of this Act.
            (2) Exception.--Notwithstanding paragraph (1), the district 
        engineer for the district in which a project is located may 
        amend the partnership agreement for the project entered into on 
        or before the date of enactment of this Act--
                    (A) at the request of a non-Federal interest for a 
                project; and
                    (B) if construction on the project has not been 
                initiated as of the date of enactment of this Act.
    (d) References.--
            (1) 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.
            (2) Partnership agreements.--Any reference to a partnership 
        agreement or project partnership agreement in this Act (other 
        than in this section) shall be considered to be a reference to 
        a cooperation agreement or a project cooperation agreement, 
        respectively.

SEC. 2040. PROGRAM NAMES.

<DELETED>    (a) Storm and Hurricane Restoration and Impact 
Minimization Program.--Section 3 of the Act of August 13, 1946 (33 
U.S.C. 426g) is amended by striking ``sec. 3. The Secretary'' and 
inserting the following:</DELETED>

<DELETED>``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT 
              MINIMIZATION PROGRAM.</DELETED>

<DELETED>    ``The Secretary''.</DELETED>
    (b)</DELETED> Projects to Enhance Reduction of Flooding and Obtain 
Risk Minimization</DELETED>.--Section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s) is amended by striking ``sec. 205. That the'' and 
inserting the following:

``SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOODING AND OBTAIN RISK 
              MINIMIZATION.

    ``The''.

                 TITLE III--PROJECT-RELATED PROVISIONS

SEC. 3001. 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. 3002. 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 is 
necessary to correct design deficiencies in the element, at a Federal 
cost of $6,300,000.

SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

    (a) In General.--The Secretary shall construct a new project 
management office located in the city of Tuscaloosa, Alabama, at a 
location within the vicinity of the city, at full Federal expense.
    (b) Transfer of Land and Structures.--The Secretary shall sell, 
convey, or otherwise transfer to the city of Tuscaloosa, Alabama, at 
fair market value, the land and structures associated with the existing 
project management office, if the city agrees to assume full 
responsibility for demolition of the existing project management 
office.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $32,000,000.

SEC. 3004. AUGUSTA AND CLARENDON, ARKANSAS.

    The Secretary may carry out rehabilitation of authorized and 
completed levees on the White River between Augusta and Clarendon, 
Arkansas, at a total estimated cost of $8,000,000, with an estimated 
Federal cost of $5,200,000 and an estimated non-Federal cost of 
$2,800,000.

SEC. 3005. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

    (a) In General.--The project for flood control, St. Francis River 
Basin, Arkansas, and Missouri, authorized the Act of June 15, 1936 (49 
Stat. 1508, chapter 548), as modified, is further modified to authorize 
the Secretary to undertake channel stabilization and sediment removal 
measures on the St. Francis River and tributaries as an integral part 
of the original project.
    (b) No Separable Element.--The measures undertaken under subsection 
(a) shall not be considered to be a separable element of the project.

SEC. 3006. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND MISSOURI.

    (a) In General.--The Secretary shall convey to the State of 
Arkansas, without monetary consideration and subject to subsection (b), 
all right, title, and interest to land 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 Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly known as 
the ``Flood Control Act of 1928'').
    (b) Terms and Conditions.--
            (1) In general.--The conveyance by the United States under 
        this section shall be subject to--
                    (A) the condition that the State of Arkansas 
                (including the successors and assigns of the State) 
                agree to operate, maintain, and manage the land at no 
                cost or expense to the United States and for fish and 
                wildlife, recreation, and environmental purposes; and
                    (B) such other terms and conditions as the 
                Secretary determines to be in the interest of the 
                United States.
            (2) Reversion.--If the State (or a successor or assign of 
        the State) ceases to operate, maintain, and manage the land 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.

SEC. 3007. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND LOUISIANA.

    (a) In General.--Section 204 of the Flood Control Act of 1950 (64 
Stat. 170) is amended in the matter under the heading ``Red-ouachita 
river basin'' by striking ``at Calion, Arkansas'' and inserting 
``improvements at Calion, Arkansas (including authorization for the 
comprehensive flood-control project for Ouachita River and tributaries, 
incorporating in the project all flood control, drainage, and power 
improvements in the basin above the lower end of the left bank Ouachita 
River levee)''.
    (b) Modification.--Section 3 of the Act of August 18, 1941, is 
amended in the second sentence of subsection (a) in the matter under 
the heading ``Lower mississippi river'' (55 Stat. 642, chapter 377) by 
inserting before the period at the end the following: ``Provided, That 
the Ouachita River Levees, Louisiana, authorized under the first 
section of the Act of May 15, 1928 (45 Stat. 534, chapter 569) shall 
remain as a component of the Mississippi River and Tributaries Project 
and afforded operation and maintenance responsibilities as directed in 
section 3 of that Act (45 Stat. 535)''.

SEC. 3008. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, ARKANSAS 
              AND OKLAHOMA.

    (a) Navigation Channel.--The Secretary shall continue construction 
of the McClellan-Kerr Arkansas River Navigation System, Arkansas and 
Oklahoma, to operate and maintain the navigation channel to the 
authorized depth of the channel, in accordance with section 136 of the 
Energy and Water Development Appropriations Act, 2004 (Public Law 108-
137; 117 Stat. 1842).
    (b) Mitigation.--
            (1) In general.--As mitigation for any incidental taking 
        relating to the McClellan-Kerr Navigation System, the Secretary 
        shall determine the need for, and construct modifications in, 
        the structures and operations of the Arkansas River in the area 
        of Tulsa County, Oklahoma, including the construction of low 
        water dams and islands to provide nesting and foraging habitat 
        for the interior least tern, in accordance with the study 
        entitled ``Arkansas River Corridor Master Plan Planning 
        Assistance to States''.
            (2) Cost sharing.--The non-Federal share of the cost of a 
        project under this subsection shall be 35 percent.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $12,000,000.

SEC. <DELETED>3008</DELETED> 3009. CACHE CREEK BASIN, CALIFORNIA.

    (a) In General.--The project for flood control, Cache Creek Basin, 
California, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4112), is modified to direct the 
Secretary to mitigate the impacts of the new south levee of the Cache 
Creek settling basin on the storm drainage system of the city of 
Woodland, including all appurtenant features, erosion control measures, 
and environmental protection features.
    (b) Objectives.--Mitigation under subsection (a) shall restore the 
pre-project capacity of the city (1,360 cubic feet per second) to 
release water to the Yolo Bypass, including--
            (1) channel improvements;
            (2) an outlet work through the west levee of the Yolo 
        Bypass; and
            (3) a new low flow cross channel to handle city and county 
        storm drainage and settling basin flows (1,760 cubic feet per 
        second) when the Yolo Bypass is in a low flow condition.

SEC. <DELETED>3009</DELETED> 3010. 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 include the 
diked bayland parcel known as ``Bel Marin Keys Unit V '' at an 
estimated 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, as part 
of the project to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, recommended 
in the final report of the Chief of Engineers dated July 19, 2004.

SEC. <DELETED>3010</DELETED> 3011. LA-3 DREDGED MATERIAL OCEAN DISPOSAL 
              SITE DESIGNATION, CALIFORNIA.

    Section 102(c)(4) of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in the third 
sentence by striking ``January 1, 2003'' and inserting ``January 1, 
2007''.

SEC. <DELETED>3011</DELETED> 3012. LARKSPUR FERRY CHANNEL, CALIFORNIA.

    (a) Report.--The project for navigation, Larkspur Ferry Channel, 
Larkspur, California, authorized by section 601(d) of the Water 
Resources Development Act of 1986 (100 Stat. 4148), is modified to 
direct the Secretary to prepare a limited reevaluation report to 
determine whether maintenance of the project is feasible.
    (b) Authorization of Project.--If the Secretary determines that 
maintenance of the project is feasible, the Secretary shall carry out 
the maintenance.

SEC. <DELETED>3012</DELETED> 3013. 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 
complete the project, in accordance with the requirements of local 
cooperation as specified in section 5 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1005), at a total remaining cost of 
$95,000,000, with an estimated remaining Federal cost of $55,000,000, 
and an estimated remaining non-Federal cost of $40,000,000.

SEC. <DELETED>3013</DELETED> 3014. LOS ANGELES HARBOR, CALIFORNIA.

    Section 101(b)(5) of the Water Resources Development Act of 2000 
(114 Stat. 2577) is amended by striking ``$153,313,000, with an 
estimated Federal cost of $43,735,000 and an estimated non-Federal cost 
of $109,578,000'' and inserting ``$222,000,000, with an estimated 
Federal cost of $72,000,000 and an estimated non-Federal cost of 
$150,000,000''.

SEC. <DELETED>3014</DELETED> 3015. MAGPIE CREEK, CALIFORNIA.

    (a) In General.--Subject to subsection (b), 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 applicable to nonstructural flood 
control under 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) Crediting.--The crediting allowed under subsection (a) shall 
not exceed the non-Federal share of the cost of the project.

SEC. <DELETED>3015</DELETED> 3016. PINE FLAT DAM FISH AND WILDLIFE 
              HABITAT, CALIFORNIA.

    (a) Cooperative Program.--
            (1) In general.--The Secretary shall participate with 
        appropriate State and local agencies in the implementation of a 
        cooperative program to improve and manage fisheries and aquatic 
        habitat conditions in Pine Flat Reservoir and in the 14-mile 
        reach of the Kings River immediately below Pine Flat Dam, 
        California, in a manner that--
                    (A) provides for long-term aquatic resource 
                enhancement; and
                    (B) avoids adverse effects on water storage and 
                water rights holders.
            (2) Goals and principles.--The cooperative program 
        described in paragraph (1) shall be carried out--
                    (A) substantially in accordance with the goals and 
                principles of the document entitled ``Kings River 
                Fisheries Management Program Framework Agreement'' and 
                dated May 29, 1999, between the California Department 
                of Fish and Game and the Kings River Water Association 
                and the Kings River Conservation District; and
                    (B) in cooperation with the parties to that 
                agreement.
    (b) Participation by Secretary.--
            (1) In general.--In furtherance of the goals of the 
        agreement described in subsection (a)(2), the Secretary shall 
        participate in the planning, design, and construction of 
        projects and pilot projects on the Kings River and its 
        tributaries to enhance aquatic habitat and water availability 
        for fisheries purposes (including maintenance of a trout 
        fishery) in accordance with flood control operations, water 
        rights, and beneficial uses in existence as of the date of 
        enactment of this Act.
            (2) Projects.--Projects referred to in paragraph (1) may 
        include--
                    (A) projects to construct or improve pumping, 
                conveyance, and storage facilities to enhance water 
                transfers; and
                    (B) projects to carry out water exchanges and 
                create opportunities to use floodwater within and 
                downstream of Pine Flat Reservoir.
    (c) No Authorization of Certain Dam-Related Projects.--Nothing in 
this section authorizes any project for the raising of Pine Flat Dam or 
the construction of a multilevel intake structure at Pine Flat Dam.
    (d) 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 document entitled ``Final 
Feasibility Report and Report of the Chief of Engineers for Pine Flat 
Dam Fish and Wildlife Habitat Restoration'' and dated July 19, 2002.
    (e) Cost Sharing.--
            (1) Project planning, design, and construction.--The 
        Federal share of the cost of planning, design, and construction 
        of a project under subsection (b) shall be 65 percent.
            (2) Non-federal share.--
                    (A) Credit for land, easements, and rights-of-
                way.--The Secretary shall credit toward the non-Federal 
                share of the cost of construction of any project under 
                subsection (b) the value, regardless of the date of 
                acquisition, of any land, easements, rights-of-way, 
                dredged material disposal areas, or relocations 
                provided by the non-Federal interest for use in 
                carrying out the project.
                    <DELETED>(A)</DELETED> (B) Form.--The non-Federal 
                interest may provide not more than 50 percent of the 
                non-Federal share required under this clause in the 
                form of services, materials, supplies, or other in-kind 
                contributions.
    (f) Operation and Maintenance.--The operation, maintenance, repair, 
rehabilitation, and replacement of projects carried out under this 
section shall be a non-Federal responsibility.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. <DELETED>3016</DELETED> 3017. REDWOOD CITY NAVIGATION PROJECT, 
              CALIFORNIA.

    The Secretary may dredge the Redwood City Navigation Channel, 
California, on an annual basis, to maintain the authorized depth of -30 
mean lower low water.

SEC. <DELETED>3017</DELETED> 3018. SACRAMENTO AND AMERICAN RIVERS FLOOD 
              CONTROL, CALIFORNIA.

    (a) In General.--The Secretary shall credit toward that portion of 
the non-Federal share of the costs of any flood damage reduction 
project authorized before the date of enactment of this Act that is to 
be paid by the Sacramento Area Flood Control Agency an amount equal to 
the Federal share of the flood control project authorized by section 
9159 of the Department of Defense Appropriations Act, 1993 (106 Stat. 
1944).
    (b) Federal Share.--In determining the Federal share of the project 
authorized by section 9159(b) of that Act, the Secretary shall include 
all audit verified costs for planning, engineering, construction, 
acquisition of project land, easements, right-of-way, relocations, and 
environmental, mitigation for all project elements that the Secretary 
determines to be cost-effective.
    (c) Amount Credited.--The amount credited shall be equal to the 
Federal share determined under this section, reduced by the total of 
all reimbursements paid to the non-Federal interests for work under 
section 9159(b) of that Act before the date of enactment of this Act.

SEC. <DELETED>3018</DELETED> 3019. CONDITIONAL DECLARATION OF 
              NONNAVIGABILITY, PORT OF SAN FRANCISCO, CALIFORNIA.

    (a) Conditional Declaration of Nonnavigability.--If the Secretary 
determines, in consultation with appropriate Federal and non-Federal 
entities, that projects proposed to be carried out by non-Federal 
entities within the portions of the San Francisco, California, 
waterfront described in subsection (b) are not in the public interest, 
the portions shall be declared not to be navigable water of the United 
States for the purposes of section 9 of the Act of March 3, 1899 (33 
U.S.C. 401) and the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
    (b) Portions of Waterfront.--The portions of the San Francisco, 
California, waterfront referred to in subsection (a) are those that 
are, or will be, bulkheaded, filled, or otherwise occupied by permanent 
structures and that are located as follows: beginning at the 
intersection of the northeasterly prolongation of the 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 from the 
existing southern boundary of Pier 40 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 Bryan Street northwesterly; thence southwesterly 
along said northwesterly line of Bryant Street to the point of 
beginning.
    (c) Requirement That Area Be Improved.--If, by the date that is 20 
years after the date of enactment of this Act, any portion of the San 
Francisco, California, waterfront described in subsection (b) has not 
been bulkheaded, filled, or otherwise occupied by 1 or more permanent 
structures, or if work in connection with any activity carried out 
pursuant to applicable Federal law requiring a permit, including 
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401), is not 
commenced by the date that is 5 years after the date of issuance of 
such a permit, the declaration of nonnavigability for the portion under 
this section shall cease to be effective.

SEC. <DELETED>3019</DELETED> 3020. SALTON SEA RESTORATION, CALIFORNIA.

    (a) Definitions.--In this section:
            (1) Salton sea authority.--The term ``Salton Sea 
        Authority'' means the Joint Powers Authority established under 
        the laws of the State of California by a joint power agreement 
        signed on June 2, 1993.
            (2) Salton sea science office.--The term ``Salton Sea 
        Science Office'' means the Office established by the United 
        States Geological Survey and currently located in La Quinta, 
        California.
    (b) Pilot Projects.--
            (1) In general.--The Secretary shall review the preferred 
        restoration concept plan approved by the Salton Sea Authority 
        to determine that the pilot projects are economically 
        justified, technically sound, environmentally acceptable, and 
        meet the objectives of the Salton Sea Reclamation Act (Public 
        Law 105-372). If the Secretary makes a positive determination, 
        the Secretary may enter into an agreement with the Salton Sea 
        Authority and, in consultation with the Salton Sea Science 
        Office, carry out the pilot project for improvement of the 
        environment in the Salton Sea, except that the Secretary shall 
        be a party to each contract for construction under this 
        subsection.
            (2) Local participation.--In prioritizing pilot projects 
        under this section, the Secretary shall--
                    (A) consult with the Salton Sea Authority and the 
                Salton Sea Science Office; and
                    (B) consider the priorities of the Salton Sea 
                Authority.
            (3) Cost sharing.--Before carrying out a pilot project 
        under this section, the Secretary shall enter into a written 
        agreement with the Salton Sea Authority that requires the non-
        Federal interest to--
                    (A) pay 35 percent of the total costs of the pilot 
                project;
                    (B) acquire any land, easements, rights-of-way, 
                relocations, and dredged material disposal areas 
                necessary to carry out the pilot project; and
                    (C) hold the United States harmless from any claim 
                or damage that may arise from carrying out the pilot 
                project, except any claim or damage that may arise from 
                the negligence of the Federal Government or a 
                contractor of the Federal Government.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (b) $26,000,000, of which not more 
than $5,000,000 may be used for any 1 pilot project under this section.

SEC. <DELETED>3020</DELETED> 3021. UPPER GUADALUPE RIVER, CALIFORNIA.

    The project for flood damage reduction and recreation, Upper 
Guadalupe River, California, 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 generally in 
accordance with the Upper Guadalupe River Flood Damage Reduction, San 
Jose, California, Limited Reevaluation Report, dated March, 2004, at a 
total cost of $212,100,000, with an estimated Federal cost of 
$113,300,000 and an estimated non-Federal cost of $98,800,000.

SEC. <DELETED>3021</DELETED> 3022. 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 to authorize the 
Secretary to construct the project at a total cost of $107,700,000, 
with an estimated Federal share of $70,000,000 and a non-Federal share 
of $37,700,000.

SEC. <DELETED>3022</DELETED> 3023. CHARLES HERVEY TOWNSHEND BREAKWATER, 
              NEW HAVEN HARBOR, CONNECTICUT.

    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''.

SEC. <DELETED>3023</DELETED> 3024. ANCHORAGE AREA, NEW LONDON HARBOR, 
              CONNECTICUT.

    (a) In General.--The portion of the project for navigation, New 
London Harbor, Connecticut, authorized by the Act of June 13, 1902 (32 
Stat. 333), that consists of a 23-foot waterfront channel described in 
subsection (b), is redesignated as an anchorage area.
    (b) Description of Channel.--The channel referred to in subsection 
(a) may be described as beginning at a point along the western limit of 
the existing project, N. 188, 802.75, E. 779, 462.81, thence running 
northeasterly about 1,373.88 feet to a point N. 189, 554.87, E. 780, 
612.53, thence running southeasterly about 439.54 feet to a point N. 
189, 319.88, E. 780, 983.98, thence running southwesterly about 831.58 
feet to a point N. 188, 864.63, E. 780, 288.08, thence running 
southeasterly about 567.39 feet to a point N. 188, 301.88, E. 780, 
360.49, thence running northwesterly about 1,027.96 feet to the point 
of origin.

SEC. <DELETED>3024</DELETED> 3025. NORWALK HARBOR, CONNECTICUT.

    (a) In General.--The portions of a 10-foot channel of the project 
for navigation, Norwalk Harbor, Connecticut, authorized by the first 
section of the Act of March 2, 1919 (40 Stat. 1276) and described in 
subsection (b), are not authorized.
    (b) Description of Portions.--The portions of the channel referred 
to in subsection (a) are as follows:
            (1) Rectangular portion.--An approximately rectangular-
        shaped section along the northwesterly terminus of the channel. 
        The section is 35-feet wide and about 460-feet long and is 
        further described as commencing at a point N. 104,165.85, E. 
        417,662.71, thence running south 2406'55" E. 395.00 feet to a 
        point N. 103,805.32, E. 417,824.10, thence running south 
        0038'06" E. 87.84 feet to a point N. 103,717.49, E. 
        417,825.07, thence running north 2406'55" W. 480.00 feet, to a 
        point N. 104,155.59, E. 417.628.96, thence running north 
        7305'25" E. 35.28 feet to the point of origin.
            (2) Parallelogram-shaped portion.--An area having the 
        approximate shape of a parallelogram along the northeasterly 
        portion of the channel, southeast of the area described in 
        paragraph (1), approximately 20 feet wide and 260 feet long, 
        and further described as commencing at a point N. 103,855.48, 
        E. 417,849.99, thence running south 3307'30" E. 133.40 feet to 
        a point N. 103,743.76, E. 417,922.89, thence running south 
        2407'04" E. 127.75 feet to a point N. 103,627.16, E. 
        417,975.09, thence running north 3307'30" W. 190.00 feet to a 
        point N. 103,786.28, E. 417,871.26, thence running north 
        1705'15" W. 72.39 feet to the point of origin.
    (c) Modification.--The 10-foot channel portion of the Norwalk 
Harbor, Connecticut navigation project described in subsection (a) is 
modified to authorize the Secretary to realign the channel to include, 
immediately north of the area described in subsection (b)(2), a 
triangular section described as commencing at a point N. 103,968.35, E. 
417,815.29, thence running S. 1705'15" east 118.09 feet to a point N. 
103,855.48, E. 417,849.99, thence running N. 3307'30" west 36.76 feet 
to a point N. 103,886.27, E. 417,829.90, thence running N. 1005'26" 
west 83.37 feet to the point of origin.

SEC. <DELETED>3025</DELETED> 3026. ST. GEORGE'S BRIDGE, DELAWARE.

    Section 102(g) of the Water Resources Development Act of 1990 (104 
Stat. 4612) is amended by adding at the end the following: ``The 
Secretary shall assume ownership responsibility for the replacement 
bridge not later than the date on which the construction of the bridge 
is completed and the contractors are released of their responsibility 
by the State. In addition, the Secretary may not carry out any action 
to close or remove the St. George's Bridge, Delaware, without specific 
congressional authorization.''.

SEC. <DELETED>3026</DELETED> 3027. CHRISTINA RIVER, WILMINGTON, 
              DELAWARE.

    (a) In General.--The Secretary shall remove the shipwrecked vessel 
known as the ``State of Pennsylvania'', and any debris associated with 
that vessel, from the Christina River at Wilmington, Delaware, in 
accordance with section 202(b) of the Water Resources Development Act 
of 1976 (33 U.S.C. 426m(b)).
    (b) No Recovery of Funds.--Notwithstanding any other provision of 
law, in carrying out this section, the Secretary shall not be required 
to recover funds from the owner of the vessel described in subsection 
(a) or any other vessel.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $425,000, to remain available 
until expended.

SEC. <DELETED>3027</DELETED> 3028. ADDITIONAL PROGRAM AUTHORITY, 
              COMPREHENSIVE EVERGLADES RESTORATION, FLORIDA.

    Section 601(c)(3) of the Water Resources Development Act of 2000 
(114 Stat. 2684) is amended by adding at the end the following:
                    ``(C) Maximum cost of program authority.--Section 
                902 of the Water Resources Development Act of 1986 (33 
                U.S.C. 2280) shall apply to the individual project 
                funding limits in subparagraph (A) and the aggregate 
                cost limits in subparagraph (B).''.

SEC. <DELETED>3028</DELETED> 3029. CRITICAL RESTORATION PROJECTS, 
              EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION, 
              FLORIDA.

    Section 528(b)(3)(C) of the Water Resources Development Act of 1996 
(110 Stat. 3769) is amended--
            (1) in clause (i), by striking ``$75,000,000'' and all that 
        follows and inserting ``$95,000,000.''; and
            (2) by striking clause (ii) and inserting the following:
                            ``(ii) Federal share.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the Federal 
                                share of the cost of carrying out a 
                                project under subparagraph (A) shall 
                                not exceed $25,000,000.
                                    ``(II) Seminole water conservation 
                                plan.--The Federal share of the cost of 
                                carrying out the Seminole Water 
                                Conservation Plan shall not exceed 
                                $30,000,000.''.

SEC. <DELETED>3029</DELETED> 3030. JACKSONVILLE HARBOR, FLORIDA.

    The project for navigation, Jacksonville Harbor, Florida, 
authorized by section 101(a)(17) of the Water Resources Development Act 
of 1999 (113 Stat. 276), is modified to authorize the Secretary to 
extend the navigation features in accordance with the report of the 
Chief of Engineers dated July 22, 2003, at an additional total cost of 
$14,658,000, with an estimated Federal cost of $9,636,000 and an 
estimated non-Federal cost of $5,022,000.

SEC. <DELETED>3030</DELETED> 3031. LAKE OKEECHOBEE AND HILLSBORO 
              AQUIFER PILOT PROJECTS, COMPREHENSIVE EVERGLADES 
              RESTORATION, FLORIDA.

    Section 601(b)(2)(B) of the Water Resources Development Act of 2000 
(114 Stat. 2681) is amended by adding at the end the following:
                            ``(v) Hillsboro and okeechobee aquifer, 
                        florida.--The pilot projects 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 the purposes of this section as being in 
                        the Plan and carried out in accordance with 
                        this section, except that costs of operation 
                        and maintenance of those projects shall remain 
                        100 percent non-Federal.''.

SEC. <DELETED>3031</DELETED> 3032. LIDO KEY, SARASOTA COUNTY, FLORIDA.

    The Secretary shall carry out the project for hurricane and storm 
damage reduction in Lido Key, Sarasota County, Florida, based on 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 $63,606,000 for periodic beach nourishment over the 50-year life 
of the project, with an estimated Federal cost of $31,803,000 and an 
estimated non-Federal cost of $31,803,000.

SEC. <DELETED>3032</DELETED> 3033. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

    The project for navigation, Tampa Harbor, Florida, authorized by 
section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is 
modified to authorize the Secretary to construct passing lanes in an 
area approximately 3.5 miles long and centered on Tampa Bay Cut B, if 
the Secretary determines that the improvements are necessary for 
navigation safety.

SEC. <DELETED>3033</DELETED> 3034. ALLATOONA LAKE, GEORGIA.

    (a) Land Exchange.--
            (1) In general.--The Secretary may exchange land 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 land 
        on the north side of Allatoona Lake that is required for 
        wildlife management and 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 to 
        ensure that land exchanged is of equal value.
    (b) Disposal and Acquisition of Land, Allatoona Lake, Georgia.--
            (1) In general.--The Secretary may--
                    (A) sell land above 863 feet in elevation at 
                Allatoona Lake, Georgia, identified in the memorandum 
                referred to in subsection (a)(1); and
                    (B) use the proceeds of the sale, without further 
                appropriation, to pay costs associated with the 
                purchase of land required for wildlife management and 
                protection of the water quality and overall environment 
                of Allatoona Lake.
            (2) Terms and conditions.--
                    (A) Willing sellers.--Land acquired under this 
                subsection shall be by negotiated purchase from willing 
                sellers only.
                    (B) Basis.--The basis for all transactions under 
                this subsection shall be a fair market value appraisal 
                acceptable to the Secretary.
                    (C) Sharing of costs.--Each purchaser of land under 
                this subsection shall share in the associated 
                environmental and real estate costs of the purchase, 
                including surveys and associated fees in accordance 
                with the memorandum referred to in subsection (a)(1).
                    (D) Other conditions.--The Secretary may impose on 
                the sale and purchase of land under this subsection 
                such other conditions as the Secretary determines to be 
                appropriate.
    (c) Repeal.--Section 325 of the Water Resources Development Act of 
1992 (106 Stat. 4849) is repealed.

SEC. <DELETED>3034</DELETED> 3035. DWORSHAK RESERVOIR IMPROVEMENTS, 
              IDAHO.

    (a) In General.--The Secretary shall carry out additional general 
construction measures to allow for operation at lower pool levels to 
satisfy the recreation mission at Dworshak Dam, Idaho.
    (b) Improvements.--In carrying out subsection (a), the Secretary 
shall provide for appropriate improvements to--
            (1) facilities that are operated by the Corps of Engineers; 
        and
            (2) facilities that, as of the date of enactment of this 
        Act, are leased, permitted, or licensed for use by others.
    (c) Cost Sharing.--The Secretary shall carry out this section 
through a cost-sharing program with Idaho State Parks and Recreation 
Department, with a total estimated project cost of $5,300,000, with an 
estimated Federal cost of $3,900,000 and an estimated non-Federal cost 
of $1,400,000.

SEC. <DELETED>3035</DELETED> 3036. LITTLE WOOD RIVER, GOODING, IDAHO.

    The project for flood control, Gooding, Idaho, as constructed under 
the emergency conservation work program established under the Act of 
March 31, 1933 (16 U.S.C. 585 et seq.) is modified to--
            (1) direct the Secretary to rehabilitate the Gooding 
        Channel Project for the purposes of flood control and ecosystem 
        restoration, if the Secretary determines that the 
        rehabilitation and ecosystem restoration is feasible;
            (2) authorize and direct the Secretary to plan, design, and 
        construct the project at a total cost of $9,000,000;
            (3) authorize the non-Federal interest to provide any 
        portion of the non-Federal share of the cost of the project in 
        the form of services, materials, supplies, or other in-kind 
        contributions;
            (4) authorize the non-Federal interest to use funds made 
        available under any other Federal program toward the non-
        Federal share of the cost of the project if the use of the 
        funds is permitted under the other Federal program; and
            (5) direct the Secretary, in calculating the non-Federal 
        share of the cost of the project, to make a determination under 
        section 103(m) of the Water Resources Development Act of 1986 
        (33 U.S.C. 2213(m)) on the ability to pay of the non-Federal 
        interest.

SEC. <DELETED>3036</DELETED> 3037. PORT OF LEWISTON, IDAHO.

    (a) Extinguishment of Reversionary Interests and Use 
Restrictions.--With respect to property covered by each deed described 
in subsection (b)--
            (1) the reversionary interests and use restrictions 
        relating to industrial use purposes are extinguished;
            (2) the restriction that no activity shall be permitted 
        that will compete with services and facilities offered by 
        public marinas is extinguished;
            (3) the human habitation or other building structure use 
        restriction is extinguished in each area in which the elevation 
        is above the standard project flood elevation; and
            (4) the use of fill material to raise low areas above the 
        standard project flood elevation is authorized, except in any 
        low area constituting wetland for which a permit under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        is required.
    (b) Deeds.--The deeds referred to in subsection (a) are as follows:
            (1) Auditor's Instrument No. 399218 of Nez Perce County, 
        Idaho, 2.07 acres.
            (2) Auditor's Instrument No. 487437 of Nez Perce County, 
        Idaho, 7.32 acres.
    (c) No Effect on Other Rights.--Nothing in this section affects the 
remaining rights and interests of the Corps of Engineers for authorized 
project purposes with respect to property covered by deeds described in 
subsection (b).

SEC. <DELETED>3037</DELETED> 3038. CACHE RIVER LEVEE, ILLINOIS.

    The Cache River Levee created for flood control at the Cache River, 
Illinois, and authorized under the Act of June 28, 1938 (52 Stat. 1215, 
chapter 795), is modified to add environmental restoration as a project 
purpose.

SEC. 3039. 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. <DELETED>3038</DELETED> 3040. CHICAGO RIVER, ILLINOIS.

    The Federal navigation channel for the North Branch Channel portion 
of the Chicago River authorized by section 22 of the Act of March 3, 
1899 (30 Stat. 1156, chapter 425), extending from 100 feet downstream 
of the Halsted Street Bridge to 100 feet upstream of the Division 
Street Bridge, Chicago, Illinois, is redefined to be no wider than 66 
feet.

SEC. <DELETED>3039</DELETED> 3041. MISSOURI AND ILLINOIS FLOOD 
              PROTECTION PROJECTS RECONSTRUCTION PILOT PROGRAM.

    (a) Definition of Reconstruction.--In this section:
            (1) In general.--The term ``reconstruction'' means any 
        action taken to address 1 or more major deficiencies of a 
        project 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 the authorized purposes of 
        the project.
            (2) Inclusions.--The term ``reconstruction'' includes the 
        incorporation by the Secretary of current design standards and 
        efficiency improvements in a project if the incorporation does 
        not significantly change the authorized scope, function, or 
        purpose of the project.
    (b) Participation by Secretary.--The Secretary may participate in 
the reconstruction of flood control projects within Missouri and 
Illinois as a pilot program if the Secretary determines that such 
reconstruction is not required as a result of improper operation and 
maintenance by the non-Federal interest.
    (c) Cost Sharing.--
            (1) In general.--Costs for reconstruction of a project 
        under this section shall be shared by the Secretary and the 
        non-Federal interest in the same percentages as the costs of 
        construction of the original project were shared.
            (2) Operation, maintenance, and repair costs.--The costs of 
        operation, maintenance, repair, and rehabilitation of a project 
        carried out under this section shall be a non-Federal 
        responsibility.
    (d) Critical Projects.--In carrying out this section, the Secretary 
shall give priority to the following projects:
            (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) City of St. Louis, Missouri.
            (5) Missouri River Levee Drainage District, Missouri.
    (e) Economic Justification.--Reconstruction efforts and activities 
carried out under this section shall not require economic 
justification.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000, to remain available 
until expended.

SEC. <DELETED>3040</DELETED> 3042. SPUNKY BOTTOM, ILLINOIS.

    (a) In General.--The project for flood control, Illinois and Des 
Plaines River Basin, between Beardstown, Illinois, and the mouth of the 
Illinois River, authorized by section 5 of the Act of June 22, 1936 (49 
Stat. 1583, chapter 688), is modified to authorize ecosystem 
restoration as a project purpose.
    (b) Modifications.--
            (1) In general.--Subject to paragraph (2), notwithstanding 
        the limitation on the expenditure of Federal funds to carry out 
        project modifications in accordance with section 1135 of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2309a), 
        modifications to the project referred to in subsection (a) 
        shall be carried out at Spunky Bottoms, Illinois, in accordance 
        with subsection (a).
            (2) Federal share.--Not more than $7,500,000 in Federal 
        funds may be expended under this section to carry out 
        modifications to the project referred to in subsection (a).
            (3) Post-construction monitoring and management.--Of the 
        Federal funds expended under paragraph (2), not less than 
        $500,000 shall remain available for a period of 5 years after 
        the date of completion of construction of the modifications for 
        use in carrying out post-construction monitoring and adaptive 
        management.
    (c) Emergency Repair Assistance.--Notwithstanding any modifications 
carried out under subsection (b), the project described in subsection 
(a) shall remain eligible for emergency repair assistance under section 
5 of the Act of August 18, 1941 (33 U.S.C. 701n), without consideration 
of economic justification.

SEC. <DELETED>3041</DELETED> 3043. STRAWN CEMETERY, JOHN REDMOND LAKE, 
              KANSAS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary, acting through the Tulsa District of the 
Corps of Engineers, shall transfer to Pleasant Township, Coffey County, 
Kansas, for use as the New Strawn Cemetery, all right, title, and 
interest of the United States in and to the land described in 
subsection (c).
    (b) Reversion.--If the land transferred under this section ceases 
at any time to be used as a nonprofit cemetery or for another public 
purpose, the land shall revert to the United States.
    (c) Description.--The land to be conveyed under this section is a 
tract of land near John Redmond Lake, Kansas, containing approximately 
3 acres and lying adjacent to the west line of the Strawn Cemetery 
located in the SE corner of the NE\1/4\ of sec. 32, T. 20 S., R. 14 E., 
Coffey County, Kansas.
    (d) Consideration.--
            (1) In general.--The conveyance under this section shall be 
        at fair market value.
            (2) Costs.--All costs associated with the conveyance shall 
        be paid by Pleasant Township, Coffey County, Kansas.
    (e) Other Terms and Conditions.--The conveyance under this section 
shall be subject to such other terms and conditions as the Secretary 
considers necessary to protect the interests of the United States.

SEC. <DELETED>3042</DELETED> 3044. HARRY S. TRUMAN RESERVOIR, MILFORD, 
              KANSAS.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
shall convey at fair market value by quitclaim deed to the Geary County 
Fire Department, Milford, Kansas, all right, title, and interest of the 
United States in and to a parcel of land consisting of approximately 
7.4 acres located in Geary County, Kansas, for construction, operation, 
and maintenance of a fire station.
    (b) Survey to Obtain Legal Description.--The exact acreage and the 
description of the real property referred to in subsection (a) shall be 
determined by a survey that is satisfactory to the Secretary.
    (c) Reversion.--If the Secretary determines that the property 
conveyed under subsection (a) 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.

SEC. <DELETED>3043</DELETED> 3045. OHIO RIVER, KENTUCKY, ILLINOIS, 
              INDIANA, OHIO, PENNSYLVANIA, AND WEST VIRGINIA.

    Section 101(16) of the Water Resources Development Act of 2000 (114 
Stat. 2578) is amended--
            (1) by striking ``(A) In general.--Projects for ecosystem 
        restoration, Ohio River Mainstem'' and inserting the following:
                    ``(A) Authorization.--
                            ``(i) In general.--Projects for ecosystem 
                        restoration, Ohio River Basin (excluding the 
                        Tennessee and Cumberland River Basins)''; and
            (2) in subparagraph (A), by adding at the end the 
        following:
                            ``(ii) Nonprofit entity.--For any ecosystem 
                        restoration project carried out under this 
                        paragraph, with the consent of the affected 
                        local government, a nonprofit entity may be 
                        considered to be a non-Federal interest.
                            ``(iii) Program implementation plan.--There 
                        is authorized to be developed a program 
                        implementation plan of the Ohio River Basin 
                        (excluding the Tennessee and Cumberland River 
                        Basins) at full Federal expense.
                            ``(iv) Pilot program.--There is authorized 
                        to be initiated a completed pilot program in 
                        Lower Scioto Basin, Ohio.''.

<DELETED>SEC. 3044. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, 
              LOUISIANA.</DELETED>

<DELETED>    The public access features of the Atchafalaya Basin 
Floodway System, Louisiana, project, authorized by the section 601(a) 
of the Water Resources Development Act of 1986 (100 Stat. 4142), are 
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 in the Lower Atchafalaya Basin Flood for the 
public access feature of the Atchafalaya Basin Floodway System, 
Louisiana, to enhance fish and wildlife resources, at a total cost of 
$4,000,000.</DELETED>

SEC. 3046. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.

    (a) In General.--The public access feature of the Atchafalaya Basin 
Floodway System, Louisiana project, authorized by section 601(a) of the 
Water Resources Development Act of 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 in the Lower Atchafalaya Basin Floodway for the public 
access feature of the Atchafalaya Basin Floodway System, Louisiana 
project.
    (b) Modification.--
            (1) In general.--Subject to paragraph (2), effective 
        beginning November 17, 1986, the public access feature of the 
        Atchafalaya Basin Floodway System, Louisiana project, is 
        modified to remove the $32,000,000 limitation on the maximum 
        Federal expenditure for the first costs of the public access 
        feature.
            (2) First cost.--The authorized first cost of $250,000,000 
        for the total project (as defined in section 601(a) of the 
        Water Resources Development Act of 1986 (100 Stat. 4142)) shall 
        not be exceeded, except as authorized by section 902 of that 
        Act (100 Stat. 4183).

SEC. <DELETED>3045</DELETED> 3047. CALCASIEU RIVER AND PASS, LOUISIANA.

    The project for the Calcasieu River and Pass, Louisiana, authorized 
by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is 
modified to authorize the Secretary to provide $3,000,000 for each 
fiscal year, in a total amount of $15,000,000, for such rock bank 
protection of the Calcasieu River from mile 5 to mile 16 as the Chief 
of Engineers determines to be advisable to reduce maintenance dredging 
needs and facilitate protection of valuable disposal areas for the 
Calcasieu River and Pass, Louisiana.

SEC. 3048. LAROSE TO GOLDEN MEADOW, LOUISIANA.

    (a) In General.--For the project for hurricane protection, Larose 
to Golden Meadow, Louisiana, authorized by section 204 of the Flood 
Control Act of 1965 (79 Stat. 1077), not later than 180 days after the 
date of enactment of this Act, the Secretary shall make the 
determination described in section 325 of the Water Resources 
Development Act of 1999 (113 Stat. 304) regarding the technical 
feasibility, environmental acceptability, and economical justification 
of converting the Golden Meadow floodgate into a navigation lock.
    (b) Conversion.--If the Secretary makes a favorable determination 
under subsection (a), or fails to make a favorable or unfavorable 
determination by the date specified in subsection (a), the conversion 
of the Golden Meadow floodgate to a navigation lock shall be considered 
to be authorized as a feature of the hurricane protection project 
referred to in subsection (a).

SEC. <DELETED>3046</DELETED> 3049. EAST BATON ROUGE PARISH, LOUISIANA.

    The project for flood damage reduction and recreation, East Baton 
Rouge Parish, Louisiana, authorized by section 101(a)(21) of the Water 
Resources Development Act of 1999 (113 Stat. 277), as amended by 
section 116 of the Consolidated Appropriations Resolution, 2003 (117 
Stat. 140), is modified to authorize the Secretary to carry out the 
project substantially in accordance with the Report of the Chief of 
Engineers dated December 23, 1996, and the subsequent Post 
Authorization Change Report dated <DELETED>August</DELETED> December 
2004, at a total cost of $178,000,000.

SEC. <DELETED>3047</DELETED> 3050. RED RIVER (J. BENNETT JOHNSTON) 
              WATERWAY, LOUISIANA.

    The project for mitigation of fish and wildlife losses, Red River 
Waterway, 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. 2604), is further modified--
            (1) to authorize the Secretary to carry out the project at 
        a total cost of $33,000,000;
            <DELETED>(1)</DELETED> (2) to permit the purchase of 
        marginal farmland for reforestation (in addition to the 
        purchase of bottomland hardwood); and
            <DELETED>(2)</DELETED> (3) to incorporate wildlife and 
        forestry management practices to improve species diversity on 
        mitigation land that meets habitat goals and objectives of the 
        Corps of Engineers and the State of Louisiana.

SEC. <DELETED>3048</DELETED> 3051. 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 $20,000,000.

SEC. <DELETED>3049</DELETED> 3052. UNION RIVER, MAINE.

    The project for navigation, Union River, Maine, authorized by the 
first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), 
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 N. 315,975.13, E. 1,004,424.86, thence 
running N. 61 27' 20.71" W. about 132.34 feet to a point N. 
316,038.37, E. 1,004,308.61.

SEC. <DELETED>3050</DELETED> 3053. CHESAPEAKE BAY ENVIRONMENTAL 
              RESTORATION AND PROTECTION PROGRAM, MARYLAND, 
              PENNSYLVANIA, AND VIRGINIA.

    Section 510(i) of the Water Resources Development Act of 1996 (110 
Stat. 3761) is amended by striking ``$10,000,000'' and inserting 
``$30,000,000''.

SEC. <DELETED>3051</DELETED> 3054. CUMBERLAND, MARYLAND.

    Section 580(a) of the Water Resources Development Act of 1999 (113 
Stat. 375) is amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$25,750,000'';
            (2) by striking ``$9,750,000'' and inserting 
        ``$16,738,000''; and
            (3) by striking ``$5,250,000'' and inserting 
        ``$9,012,000''.

SEC. <DELETED>3052</DELETED> 3055. FALL RIVER HARBOR, MASSACHUSETTS AND 
              RHODE ISLAND.

    (a) In General.--Notwithstanding section 1001(b)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the project 
for navigation, Fall River Harbor, Massachusetts and Rhode Island, 
authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 
731), shall remain authorized to be carried out by the Secretary, 
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) Feasibility.--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.
    (c) Limitation.--The 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 that 
period, funds have been obligated for construction (including planning 
and design) of the project.

SEC. <DELETED>3053</DELETED> 3056. ST. CLAIR RIVER AND LAKE ST. CLAIR, 
              MICHIGAN.

    (a) Definitions.--In this section:
            (1) Management plan.--The term ``management plan'' means 
        the management plan for the St. Clair River and Lake St. Clair, 
        Michigan, that is in effect as of the date of enactment of this 
        section.
            (2) Partnership.--The term ``Partnership'' means the 
        partnership established by the Secretary under subsection 
        (b)(1).
    (b) Partnership.--
            (1) In general.--The Secretary shall establish and lead a 
        partnership of appropriate Federal agencies (including the 
        Environmental Protection Agency) and the State of Michigan 
        (including political subdivisions of the State)--
                    (A) to promote cooperation among the Federal 
                Government, State and local governments, and other 
                involved parties in the management of the St. Clair 
                River and Lake St. Clair watersheds; and
                    (B) develop and implement projects consistent with 
                the management plan.
            (2) Coordination with actions under other law.--
                    (A) In general.--Actions taken under this section 
                by the Partnership shall be coordinated with actions to 
                restore and conserve the St. Clair River and Lake St. 
                Clair and watersheds taken under other provisions of 
                Federal and State law.
                    (B) No effect on other law.--Nothing in this 
                section alters, modifies, or affects any other 
                provision of Federal or State law.
    (c) Implementation of St. Clair River and Lake St. Clair Management 
Plan.--
            (1) In general.--The Secretary shall--
                    (A) develop a St. Clair River and Lake St. Clair 
                strategic implementation plan in accordance with the 
                management plan;
                    (B) provide technical, planning, and engineering 
                assistance to non-Federal interests for developing and 
                implementing activities consistent with the management 
                plan;
                    (C) plan, design, and implement projects consistent 
                with the management plan; and
                    (D) provide, in coordination with the Administrator 
                of the Environmental Protection Agency, financial and 
                technical assistance, including grants, to the State of 
                Michigan (including political subdivisions of the 
                State) and interested nonprofit entities for the 
                planning, design, and implementation of projects to 
                restore, conserve, manage, and sustain the St. Clair 
                River, Lake St. Clair, and associated watersheds.
            (2) Specific measures.--Financial and technical assistance 
        provided under subparagraphs (B) and (C) of paragraph (1) may 
        be used in support of non-Federal activities consistent with 
        the management plan.
    (d) Supplements to Management Plan and Strategic Implementation 
Plan.--In consultation with the Partnership and after providing an 
opportunity for public review and comment, the Secretary shall develop 
information to supplement--
            (1) the management plan; and
            (2) the strategic implementation plan developed under 
        subsection (c)(1)(A).
    (e) Cost Sharing.--
            (1) Non-federal share.--The non-Federal share of the cost 
        of technical assistance, or the cost of planning, design, 
        construction, and evaluation of a project under subsection (c), 
        and the cost of development of supplementary information under 
        subsection (d)--
                    (A) shall be 25 percent of the total cost of the 
                project or development; and
                    (B) may be provided through the provision of in-
                kind services.
            (2) Credit for land, easements, and rights-of-way.--The 
        Secretary shall credit the non-Federal sponsor for the value of 
        any land, easements, rights-of-way, dredged material disposal 
        areas, or relocations provided for use in carrying out a 
        project under subsection (c).
            (3) Nonprofit entities.--Notwithstanding section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal 
        sponsor for any project carried out under this section may 
        include a nonprofit entity.
            (4) Operation and maintenance.--The operation, maintenance, 
        repair, rehabilitation, and replacement of projects carried out 
        under this section shall be non-Federal responsibilities.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each fiscal 
year.

SEC. <DELETED>3054</DELETED> 3057. DULUTH HARBOR, MINNESOTA.

    (a) In General.--Notwithstanding the cost limitation described in 
section 107(b) of the River and Harbor Act of 1960 (33 U.S.C. 577(b)), 
the Secretary shall carry out the project for navigation, Duluth 
Harbor, Minnesota, pursuant to the authority provided under that 
section at a total Federal cost of $9,000,000.
    (b) Public Access and Recreational Facilities.--Section 321 of the 
Water Resources Development Act of 2000 (114 Stat. 2605) is amended by 
inserting ``, and to provide public access and recreational 
facilities'' after ``including any required bridge construction''.

SEC. <DELETED>3055</DELETED> 3058. LAND EXCHANGE, PIKE COUNTY, 
              MISSOURI.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 2 
        parcels of Corps of Engineers land totaling approximately 42 
        acres, located on Buffalo Island in Pike County, Missouri, and 
        consisting of Government Tract Numbers MIS-7 and a portion of 
        FM-46.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 42 acres of land, subject to any existing 
        flowage easements situated in Pike County, Missouri, upstream 
        and northwest, about 200 feet from Drake Island (also known as 
        Grimes Island).
    (b) Land Exchange.--Subject to subsection (c), on conveyance by 
S.S.S., Inc., to the United States of all right, title, and interest in 
and to the non-Federal land, the Secretary shall convey to S.S.S., 
Inc., all right, title, and interest of the United States in and to the 
Federal land.
    (c) Conditions.--
            (1) Deeds.--
                    (A) Non-federal land.--The conveyance of the non-
                Federal land to the Secretary shall be by a warranty 
                deed acceptable to the Secretary.
                    (B) Federal land.--The conveyance of the Federal 
                land to S.S.S., Inc., shall be--
                            (i) by quitclaim deed; and
                            (ii) subject to any reservations, terms, 
                        and conditions that the Secretary determines to 
                        be necessary to allow the United States to 
                        operate and maintain the Mississippi River 9-
                        Foot Navigation Project.
                    (C) Legal descriptions.--The Secretary shall, 
                subject to approval of S.S.S., Inc., provide a legal 
                description of the Federal land and non-Federal land 
                for inclusion in the deeds referred to in subparagraphs 
                (A) and (B).
            (2) Removal of improvements.--
                    (A) In general.--The Secretary may require the 
                removal of, or S.S.S., Inc., may voluntarily remove, 
                any improvements to the non-Federal land before the 
                completion of the exchange or as a condition of the 
                exchange.
                    (B) No liability.--If S.S.S., Inc., removes any 
                improvements to the non-Federal land under subparagraph 
                (A)--
                            (i) S.S.S., Inc., shall have no claim 
                        against the United States relating to the 
                        removal; and
                            (ii) the United States shall not incur or 
                        be liable for any cost associated with the 
                        removal or relocation of the improvements.
            (3) Administrative costs.--The Secretary shall require 
        S.S.S., Inc. to pay reasonable administrative costs associated 
        with the exchange.
            (4) Cash equalization payment.--If the appraised fair 
        market value, as determined by the Secretary, of the Federal 
        land exceeds the appraised fair market value, as determined by 
        the Secretary, of the non-Federal land, S.S.S., Inc., shall 
        make a cash equalization payment to the United States.
            (5) Deadline.--The land exchange under subsection (b) shall 
        be completed not later than 2 years after the date of enactment 
        of this Act.

SEC. <DELETED>3056</DELETED> 3059. UNION LAKE, MISSOURI.

    (a) In General.--The Secretary shall offer to convey to the State 
of Missouri, before January 31, <DELETED>2005</DELETED> 2006, all 
right, title, and interest in and to approximately 205.50 acres of land 
described in subsection (b) purchased for the Union Lake Project that 
was deauthorized as of January 1, 1990 (55 Fed. Reg. 40906) in 
accordance with section 1001 of the Water Resources Development Act of 
1986 (33 U.S.C. 579a(a)).
    (b) Land Description.--The land referred to in subsection (a) is 
described as follows:
            (1) Tract 500.--A tract of land situated in Franklin 
        County, Missouri, being part of the SW\1/4\ of sec. 7, and the 
        NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of the 
        fifth principal meridian, consisting of approximately 112.50 
        acres.
            (2) Tract 605.--A tract of land situated in Franklin 
        County, Missouri, being part of the N\1/2\ of the NE, and part 
        of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the fifth 
        principal meridian, consisting of approximately 93.00 acres.
    (c) Conveyance.--Upon acceptance by the State of Missouri of the 
offer by the Secretary under subsection (a), the land described in 
subsection (b) shall immediately be conveyed, in its current condition, 
by Secretary to the State of Missouri.

SEC. <DELETED>3057</DELETED> 3060. FORT PECK FISH HATCHERY, MONTANA.

    Section 325(f)(1)(A) of the Water Resources Development Act of 2000 
(114 Stat. 2607) is amended by striking ``$20,000,000'' and inserting 
``$25,000,000''.

SEC. 3061. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND NORTH DAKOTA.

    (a) Definition of Restoration Project.--In this section, the term 
``restoration project'' means a project that will produce, in 
accordance with other Federal programs, projects, and activities, 
substantial ecosystem restoration and related benefits, as determined 
by the Secretary.
    (b) Projects.--The Secretary shall carry out, in accordance with 
other Federal programs, projects, and activities, restoration projects 
in the watershed of the Yellowstone River and tributaries in Montana, 
and in North Dakota, to produce immediate and substantial ecosystem 
restoration and recreation benefits.
    (c) Local Participation.--In carrying out subsection (b), the 
Secretary shall--
            (1) consult with, and consider the activities being carried 
        out by--
                    (A) other Federal agencies;
                    (B) Indian tribes;
                    (C) conservation districts; and
                    (D) the Yellowstone River Conservation District 
                Council; and
            (2) seek the full participation of the State of Montana.
    (d) Cost Sharing.--Before carrying out any restoration project 
under this section, the Secretary shall enter into an agreement with 
the non-Federal interest for the restoration project under which the 
non-Federal interest shall agree--
            (1) to provide 35 percent of the total cost of the 
        restoration project, including necessary land, easements, 
        rights-of-way, relocations, and disposal sites;
            (2) to pay the non-Federal share of the cost of feasibility 
        studies and design during construction following execution of a 
        project cooperation agreement;
            (3) to pay 100 percent of the operation, maintenance, 
        repair, replacement, and rehabilitation costs incurred after 
        the date of enactment of this Act that are associated with the 
        restoration project; and
            (4) to hold the United States harmless for any claim of 
        damage that arises from the negligence of the Federal 
        Government or a contractor of the Federal Government in 
        carrying out the restoration project.
    (e) Form of Non-Federal Share.--Not more than 50 percent of the 
non-Federal share of the cost of a restoration project carried out 
under this section may be provided in the form of in-kind credit for 
work performed during construction of the restoration project.
    (f) Non-Federal Interests.--Notwithstanding section 221 of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the consent of the 
applicable local government, a nonprofit entity may be a non-Federal 
interest for a restoration project carried out under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000.

SEC. <DELETED>3058</DELETED> 3062. LOWER TRUCKEE RIVER, MCCARRAN RANCH, 
              NEVADA.

    The maximum amount of Federal funds that may be expended for the 
project being carried out, as of the date of enactment of this Act, 
under section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a) for environmental restoration of McCarran Ranch, Nevada, 
shall be $5,775,000.

SEC. <DELETED>3059</DELETED> 3063. MIDDLE RIO GRANDE RESTORATION, NEW 
              MEXICO.

    (a) Restoration Projects.--
            (1) Definition.--The term ``restoration project'' means a 
        project that will produce, consistent with other Federal 
        programs, projects, and activities, immediate and substantial 
        ecosystem restoration and recreation benefits.
            (2) Projects.--The Secretary shall carry out restoration 
        projects in the Middle Rio Grande from Cochiti Dam to the 
        headwaters of Elephant Butte Reservoir, in the State of New 
        Mexico.
    (b) Project Selection.--The Secretary shall select restoration 
projects in the Middle Rio Grande.
    (c) Local Participation.--In carrying out subsection (b), the 
Secretary shall consult with, and consider the activities being carried 
out by--
            (1) the Middle Rio Grande Endangered Species Act 
        Collaborative Program; and
            (2) the Bosque Improvement Group of the Middle Rio Grande 
        Bosque Initiative.
    (d) Cost Sharing.--Before carrying out any restoration project 
under this section, the Secretary shall enter into an agreement with 
non-Federal interests that requires the non-Federal interests to--
            (1) provide 35 percent of the total cost of the restoration 
        projects including provisions for necessary lands, easements, 
        rights-of-way, relocations, and disposal sites;
            (2) pay 100 percent of the operation, maintenance, repair, 
        replacement, and rehabilitation costs incurred after the date 
        of the enactment of this Act that are associated with the 
        restoration projects; and
            (3) hold the United States harmless for any claim of damage 
        that arises from the negligence of the Federal Government or a 
        contractor of the Federal Government.
    (e) Non-Federal Interests.--Not withstanding section 221 of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal interest 
for any project carried out under this section may include a nonprofit 
entity, with the consent of the local government.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000 to carry out this section.

SEC. <DELETED>3060</DELETED> 3064. LONG ISLAND SOUND OYSTER 
              RESTORATION, NEW YORK AND CONNECTICUT.

    (a) In General.--The Secretary shall plan, design, and construct 
projects to increase aquatic habitats within Long Island Sound and 
adjacent waters, including the construction and restoration of oyster 
beds and related shellfish habitat.
    (b) Cost-Sharing.--The non-Federal share of the cost of activities 
carried out under this section shall be 25 percent and may be provided 
through in-kind services and materials.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000 to carry out this section.

SEC. <DELETED>3061</DELETED> 3065. ORCHARD BEACH, BRONX, NEW YORK.

    Section 554 of the Water Resources Development Act of 1996 (110 
Stat. 3781) is amended by striking ``$5,200,000'' and inserting 
``$18,200,000''.

SEC. <DELETED>3062</DELETED> 3066. NEW YORK HARBOR, NEW YORK, NEW YORK.

    Section 217 of the Water Resources Development Act of 1996 (33 
U.S.C. 2326a) is amended--
            (1) by redesignating subsection (c) as subsection (d);
            (2) by inserting after subsection (b) the following:
    ``(c) Dredged Material Facility.--
            ``(1) In general.--The Secretary may enter into cost-
        sharing agreements with 1 or more non-Federal public interests 
        with respect to a project, or group of projects within a 
        geographic region, if appropriate, for the acquisition, design, 
        construction, management, or operation of a dredged material 
        processing, treatment, contaminant reduction, or disposal 
        facility (including any facility used to demonstrate potential 
        beneficial uses of dredged material, which may include 
        effective sediment contaminant reduction technologies) using 
        funds provided in whole or in part by the Federal Government.
            ``(2) Performance.--One or more of the parties to the 
        agreement may perform the acquisition, design, construction, 
        management, or operation of a dredged material processing, 
        treatment, contaminant reduction, or disposal facility.
            ``(3) Multiple federal projects.--If appropriate, the 
        Secretary may combine portions of separate Federal projects 
        with appropriate combined cost-sharing between the various 
        projects, if the facility serves to manage dredged material 
        from multiple Federal projects located in the geographic region 
        of the facility.
            ``(4) Public financing.--
                    ``(A) Agreements.--
                            ``(i) Specified federal funding sources and 
                        cost sharing.--The cost-sharing agreement used 
                        shall clearly specify--
                                    ``(I) the Federal funding sources 
                                and combined cost-sharing when 
                                applicable to multiple Federal 
                                navigation projects; and
                                    ``(II) the responsibilities and 
                                risks of each of the parties related to 
                                present and future dredged material 
                                managed by the facility.
                            ``(ii) Management of sediments.--
                                    ``(I) In general.--The cost-sharing 
                                agreement may include the management of 
                                sediments from the maintenance dredging 
                                of Federal navigation projects that do 
                                not have partnerships agreements.
                                    ``(II) Payments.--The cost-sharing 
                                agreement may allow the non-Federal 
                                interest to receive reimbursable 
                                payments from the Federal Government 
                                for commitments made by the non-Federal 
                                interest 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.--
                            ``(i) Effect on existing agreements.--
                        Nothing in this subsection supersedes or 
                        modifies an agreement in effect on the date of 
                        enactment of this paragraph between the Federal 
                        Government and any other non-Federal interest 
                        for the cost-sharing, construction, and 
                        operation and maintenance of a Federal 
                        navigation project.
                            ``(ii) Credit for funds.--Subject to the 
                        approval of the Secretary and in accordance 
                        with law (including regulations and policies) 
                        in effect on the date of enactment of this 
                        paragraph, a non-Federal public interest of a 
                        Federal navigation project may seek credit for 
                        funds provided for 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.
                            ``(iii) Non-federal interest 
                        responsibilities.--The non-Federal interest 
                        shall--
                                    ``(I) be responsible for providing 
                                all necessary land, easement rights-of-
                                way, or relocations associated with the 
                                facility; and
                                    ``(II) receive credit for those 
                                items.''; and
            (3) in paragraphs (1) and (2)(A) of subsection (d) (as so 
        redesignated)--
                    (A) by inserting ``and maintenance'' after 
                ``operation'' each place it appears; and
                    (B) by inserting ``processing, treatment, or'' 
                after ``dredged material'' the first place it appears 
                in each of those paragraphs.

SEC. <DELETED>3063</DELETED> 3067. 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. <DELETED>3064</DELETED> 3068. MISSOURI RIVER RESTORATION, NORTH 
              DAKOTA.

    Section 707(a) of the Water Resources Act of 2000 (114 Stat. 2699) 
is amended in the first sentence by striking ``2005'' and inserting 
``2010''.

SEC. <DELETED>3065</DELETED> 3069. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

    Section 507(1) of the Water Resources Development Act of 1996 (110 
Stat. 3758) is amended--
            (1) by striking ``$2,500,000'' and inserting 
        ``$5,500,000''; and
            (2) by adding before the period at the end the following: 
        ``(which repair and rehabilitation shall include lowering the 
        crest of the Dam by not more than 12.5 feet)''.

SEC. <DELETED>3066</DELETED> 3070. TOUSSAINT RIVER NAVIGATION PROJECT, 
              CARROLL TOWNSHIP, OHIO.

    Increased operation and maintenance activities for the Toussaint 
River Federal Navigation Project, Carroll Township, Ohio, that are 
carried out in accordance with section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577) and relate directly to the presence of 
unexploded ordnance, shall be carried out at full Federal expense.

SEC. <DELETED>3067</DELETED> 3071. ARCADIA LAKE, OKLAHOMA.

    Payments made by the city of Edmond, Oklahoma, to the Secretary in 
October 1999 of all costs associated with present and future water 
storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water 
Storage Contract Number DACW56-79-C-002 shall satisfy the obligations 
of the city under that contract.

SEC. 3072. OKLAHOMA LAKE DEMONSTRATION, OKLAHOMA.

    (a) Release of Retained Rights, Interests, and Reservations.--Each 
reversionary interest and use restriction relating to public parks and 
recreation on the land conveyed by the Secretary to the State of 
Oklahoma at Lake Texoma pursuant to the Act entitled ``An Act to 
authorize the sale of certain lands to the State of Oklahoma'' (67 
Stat. 62, chapter 118) is terminated.
    (b) Instrument of Release.--As soon as practicable after the date 
of enactment of this Act, the Secretary shall execute and file in the 
appropriate office a deed of release, an amended deed, or another 
appropriate instrument to release each interest and use restriction 
described in subsection (a).

SEC. <DELETED>3068</DELETED> 3073. 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--
            (1) is set at the amounts, rates of interest, and payment 
        schedules that existed on June 3, 1986; and
            (2) may not be adjusted, altered, or changed without a 
        specific, separate, and written agreement between the District 
        and the United States.

SEC. <DELETED>3069</DELETED> 3074. LOOKOUT POINT, DEXTER LAKE PROJECT, 
              LOWELL, OREGON.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
shall convey at fair market value to the community of Lowell, Oregon, 
all right, title, and interest of the United States in and to a parcel 
of land consisting of approximately 0.98 acres located in Lane County, 
Oregon.
    (b) Survey to Obtain Legal Description.--The exact acreage and the 
description of the real property referred to in subsection (a) shall be 
determined by a survey that is satisfactory to the Secretary.
    (c) Condition.--The Secretary shall not complete the conveyance 
under subsection (a) until such time as the United States Forest 
Service--
            (1) completes and certifies that necessary environmental 
        remediation associated with the structures located on the 
        property is complete; and
            (2) transfers the structures to the Corps of Engineers.

SEC. <DELETED>3070</DELETED> 3075. UPPER WILLAMETTE RIVER WATERSHED 
              ECOSYSTEM RESTORATION.

    (a) In General.--The Secretary shall conduct studies and ecosystem 
restoration projects for the upper Willamette River watershed from 
Albany, Oregon, to the headwaters of the Willamette River and 
tributaries.
    (b) Consultation.--The Secretary shall carry out ecosystem 
restoration projects under this section for the Upper Willamette River 
watershed in consultation with the Governor of the State of Oregon, the 
heads of appropriate Indian tribes, the Environmental Protection 
Agency, the United States Fish and Wildlife Service, the National 
Marine Fisheries Service, the Bureau of Land Management, the Forest 
Service, and local entities.
    (c) Authorized Activities.--In carrying out ecosystem restoration 
projects under this section, the Secretary shall undertake activities 
necessary to protect, monitor, and restore fish and wildlife habitat.
    (d) Cost Sharing Requirements.--
            (1) Studies.--Studies conducted under this section shall be 
        subject to cost sharing in accordance with section 206 of the 
        Water Resources Development Act of 1996 (33 U.S.C. 2330).
            (2) Ecosystem restoration projects.--
                    (A) In general.--Non-Federal interests shall pay 35 
                percent of the cost of any ecosystem restoration 
                project carried out under this section.
                    (B) Items provided by non-federal interests.--
                            (i) In general.--Non-Federal interests 
                        shall provide all land, easements, rights-of-
                        way, dredged material disposal areas, and 
                        relocations necessary for ecosystem restoration 
                        projects to be carried out under this section.
                            (ii) Credit toward payment.--The value of 
                        the land, easements, rights-of-way, dredged 
                        material disposal areas, and relocations 
                        provided under paragraph (1) shall be credited 
                        toward the payment required under subsection 
                        (a).
                    (C) In-kind contributions.--100 percent of the non-
                Federal share required under subsection (a) may be 
                satisfied by the provision of in-kind contributions.
            (3) Operations and maintenance.--Non-Federal interests 
        shall be responsible for all costs associated with operating, 
        maintaining, replacing, repairing, and rehabilitating all 
        projects carried out under this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.

SEC. <DELETED>3071</DELETED> 3076. TIOGA TOWNSHIP, PENNSYLVANIA.

    (a) In General.--The Secretary shall convey to the Tioga Township, 
Pennsylvania, at fair market value, all right, title, and interest in 
and to the parcel of real property located on the northeast end of 
Tract No. 226, a portion of the Tioga-Hammond Lakes Floods Control 
Project, Tioga County, Pennsylvania, consisting of approximately 8 
acres, together with any improvements on that property, in as-is 
condition, for public ownership and use as the site of the 
administrative offices and road maintenance complex for the Township.
    (b) Survey to Obtain Legal Description.--The exact acreage and the 
legal description of the real property described in subsection (a) 
shall be determined by a survey that is satisfactory to the Secretary.
    (c) 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.
    (d) Reversion.--If the Secretary determines that the property 
conveyed under subsection (a) 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.

SEC. <DELETED>3072</DELETED> 3077. UPPER SUSQUEHANNA RIVER BASIN, 
              PENNSYLVANIA AND NEW YORK.

    Section 567 if the Water Resources Development Act of 1996 (110 
Stat. 3787) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Cooperation Agreements.--
            ``(1) In general.--In conducting the study and implementing 
        the strategy under this section, the Secretary shall enter into 
        cost-sharing and project cooperation agreements with the 
        Federal Government, State and local governments (with the 
        consent of the State and local governments), land trusts, or 
        nonprofit, nongovernmental organizations with expertise in 
        wetland restoration.
            ``(2) Financial assistance.--Under the cooperation 
        agreement, the Secretary may provide assistance for 
        implementation of wetland restoration projects and soil and 
        water conservation measures.''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Implementation of Strategy.--
            ``(1) In general.--The Secretary shall carry out the 
        development, demonstration, and implementation of the strategy 
        under this section in cooperation with local landowners, local 
        government officials, and land trusts.
            ``(2) Goals of projects.--Projects to implement the 
        strategy under this subsection shall be designed to take 
        advantage of ongoing or planned actions by other agencies, 
        local municipalities, or nonprofit, nongovernmental 
        organizations with expertise in wetland restoration that would 
        increase the effectiveness or decrease the overall cost of 
        implementing recommended projects.''.

SEC. <DELETED>3073</DELETED> 3078. COOPER RIVER BRIDGE DEMOLITION, 
              CHARLESTON, SOUTH CAROLINA.

    (a) In General.--The Secretary, at full Federal expense, may carry 
out all planning, design, and construction for--
            (1) the demolition and removal of the Grace and Pearman 
        Bridges over the Cooper River, South Carolina; and
            (2) using the remnants from that demolition and removal, 
        the development of an aquatic reef off the shore of South 
        Carolina.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $39,000,000.

SEC. <DELETED>3074</DELETED> 3079. SOUTH CAROLINA DEPARTMENT OF 
              COMMERCE DEVELOPMENT PROPOSAL AT RICHARD B. RUSSELL LAKE, 
              SOUTH CAROLINA.

    (a) In General.--The Secretary shall convey to the State of South 
Carolina, by quitclaim deed, all right, title, and interest of the 
United States in and to the parcels of land described in subsection 
(b)(1) that are 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).
    (b) Land Description.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        parcels of land referred to in subsection (a) are the parcels 
        contained in the portion of land described in Army Lease Number 
        DACW21-1-92-0500.
            (2) Retention of interests.--The United States shall 
        retain--
                    (A) ownership of all land included in the lease 
                referred to in paragraph (1) 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 land as is determined by the 
                Secretary to be required for authorized project 
                purposes, including easement rights-of-way to remaining 
                Federal land.
            (3) Survey.--The exact acreage and legal description of the 
        land described in paragraph (1) shall be determined by a survey 
        satisfactory to the Secretary, with the cost of the survey to 
        be paid by the State.
    (c) General Provisions.--
            (1) Applicability of property screening provisions.--
        Section 2696 of title 10, United States Code, shall not apply 
        to the conveyance under this section.
            (2) Additional terms and conditions.--The Secretary may 
        require that the conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        appropriate to protect the interests of the United States.
            (3) Costs of conveyance.--
                    (A) In general.--The State shall be responsible for 
                all costs, including real estate transaction and 
                environmental compliance costs, associated with the 
                conveyance under this section.
                    (B) Form of contribution.--As determined 
                appropriate by the Secretary, in lieu of payment of 
                compensation to the United States under subparagraph 
                (A), the State may perform certain environmental or 
                real estate actions associated with the conveyance 
                under this section if those actions are performed in 
                close coordination with, and to the satisfaction of, 
                the United States.
            (4) Liability.--The State 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 under this section.
    (d) Additional Terms and Conditions.--
            (1) In general.--The State shall pay fair market value 
        consideration, as determined by the United States, for any land 
        included in the conveyance under this section.
            (2) No effect on shore management policy.--The Shoreline 
        Management Policy (ER-1130-2-406) of the Corps of Engineers 
        shall not be changed or altered for any proposed development of 
        land conveyed under this section.
            (3) Federal statutes.--The conveyance under this section 
        shall be subject to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) (including public review under 
        that Act) and other Federal statutes.
            (4) Cost sharing.--In carrying out the conveyance under 
        this section, the Secretary and the State shall comply with all 
        obligations of any cost sharing agreement between the Secretary 
        and the State in effect as of the date of the conveyance.
            (5) Land not conveyed.--The State shall continue to manage 
        the land not conveyed under this section in accordance with the 
        terms and conditions of Army Lease Number DACW21-1-92-0500.

SEC. <DELETED>3075</DELETED> 3080. MISSOURI RIVER RESTORATION, SOUTH 
              DAKOTA.

    (a) Membership.--Section 904(b)(1)(B) of the Water Resources 
Development Act of 2000 (114 Stat. 2708) is amended--
            (1) in clause (vii), by striking ``and'' at the end;
            (2) by redesignating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                            ``(viii) rural water systems; and''.
    (b) Reauthorization.--Section 907(a) of the Water Resources 
Development Act of 2000 (114 Stat. 2712) is amended in the first 
sentence by striking ``2005'' and inserting ``2010''.

SEC. <DELETED>3076</DELETED> 3081. MISSOURI AND MIDDLE MISSISSIPPI 
              RIVERS ENHANCEMENT PROJECT.

    Section 514 of the Water Resources Development Act of 1999 (113 
Stat. 343; 117 Stat. 142) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (h) and (i), respectively;
            (2) in subsection (h) (as redesignated by paragraph (1)), 
        by striking paragraph (1) and inserting the following:
            ``(1) Non-federal share.--
                    ``(A) In general.--The non-Federal share of the 
                cost of projects may be provided--
                            ``(i) in cash;
                            ``(ii) by the provision of land, easements, 
                        rights-of-way, relocations, or disposal areas;
                            ``(iii) by in-kind services to implement 
                        the project; or
                            ``(iv) by any combination of the foregoing.
                    ``(B) Private ownership.--Land needed for a project 
                under this authority may remain in private ownership 
                subject to easements that are--
                            ``(i) satisfactory to the Secretary; and
                            ``(ii) necessary to assure achievement of 
                        the project purposes.'';
            (3) in subsection (i) (as redesignated by paragraph (1)), 
        by striking ``for the period of fiscal years 2000 and 2001.'' 
        and inserting ``per year, and that authority shall extend until 
        Federal fiscal year 2015.''; and
            (4) 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 
undertaken under this section, a non-Federal interest may include a 
nonprofit entity with the consent of the affected local government.
    ``(g) Cost Limitation.--Not more than $5,000,000 in Federal funds 
may be allotted under this section for a project at any single 
locality.''

SEC. <DELETED>3077</DELETED> 3082. ANDERSON CREEK, JACKSON AND MADISON 
              COUNTIES, TENNESSEE.

    (a) In General.--The Secretary may carry out a project for flood 
damage reduction under section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) at Anderson Creek, Jackson and Madison Counties, 
Tennessee, if the Secretary determines that the project is technically 
sound, environmentally acceptable, and economically justified.
    (b) Relationship to West Tennessee Tributaries Project, 
Tennessee.--Consistent with the report of the Chief of Engineers dated 
March 24, 1948, on the West Tennessee Tributaries project--
            (1) Anderson Creek shall not be considered to be an 
        authorized channel of the West Tennessee Tributaries Project; 
        and
            (2) the Anderson Creek flood damage reduction project shall 
        not be considered to be part of the West Tennessee Tributaries 
        Project.

SEC. <DELETED>3078</DELETED> 3083. HARRIS FORK CREEK, TENNESSEE AND 
              KENTUCKY.

    Notwithstanding section 1001(b)(1) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a), the project for flood 
control, Harris Fork Creek, Tennessee and Kentucky, authorized by 
section 102 of the Water Resources Development Act of 1976 (33 U.S.C. 
701c note; 90 Stat. 2920) shall remain authorized to be carried out by 
the Secretary for a period of 7 years beginning on the date of 
enactment of this Act.

SEC. <DELETED>3079</DELETED> 3084. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

    The project for flood control, Nonconnah Creek, Tennessee and 
Mississippi, authorized by section 401 of the Water Resources 
Development Act of 1986 (100 Stat. 4124) and modified by the section 
334 of the Water Resources Development Act of 2000 (114 Stat. 2611), is 
modified to authorize the Secretary--
            (1) to reconstruct, at full Federal expense, the weir 
        originally constructed in the vicinity of the mouth of 
        Nonconnah Creek; and
            (2) to make repairs and maintain the weir in the future so 
        that the weir functions properly.

SEC. <DELETED>3080</DELETED> 3085. OLD HICKORY LOCK AND DAM, CUMBERLAND 
              RIVER, TENNESSEE.

    (a) Release of Retained Rights, Interests, Reservations.--With 
respect to land conveyed by the Secretary to the Tennessee Society of 
Crippled Children and Adults, Incorporated (commonly 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.
    (b) Instrument of Release.--As soon as practicable after the date 
of enactment of this Act, the Secretary shall execute and file in the 
appropriate office a deed of release, amended deed, or other 
appropriate instrument effectuating the release of interests required 
by paragraph (1).
    (c) No Effect on Other Rights.--Nothing in this section affects any 
remaining right or interest of the Corps of Engineers with respect to 
an authorized purpose of any project.

SEC. <DELETED>3081</DELETED> 3086. SANDY CREEK, JACKSON COUNTY, 
              TENNESSEE.

    (a) In General.--The Secretary may carry out a project for flood 
damage reduction under section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) at Sandy Creek, Jackson County, Tennessee, if the 
Secretary determines that the project is technically sound, 
environmentally acceptable, and economically justified.
    (b) Relationship to West Tennessee Tributaries Project, 
Tennessee.--Consistent with the report of the Chief of Engineers dated 
March 24, 1948, on the West Tennessee Tributaries project--
            (1) Sandy Creek shall not be considered to be an authorized 
        channel of the West Tennessee Tributaries Project; and
            (2) the Sandy Creek flood damage reduction project shall 
        not be considered to be part of the West Tennessee Tributaries 
        Project.

SEC. <DELETED>3082</DELETED> 3087. CEDAR BAYOU, TEXAS.

    Section 349(a)(2) of the Water Resources Development Act of 2000 
(114 Stat. 2632) is amended by striking ``except that the project is 
authorized only for construction of a navigation channel 12 feet deep 
by 125 feet wide'' and inserting ``except that the project is 
authorized for construction of a navigation channel that is 10 feet 
deep by 100 feet wide''.

SEC. <DELETED>3083</DELETED> 3088. FREEPORT HARBOR, TEXAS.

    (a) In General.--The project for navigation, Freeport Harbor, 
Texas, authorized by section 101 of the River and Harbor Act of 1970 
(84 Stat. 1818), is modified to provide that--
            (1) all project costs incurred as a result of the discovery 
        of the sunken vessel COMSTOCK of the Corps of Engineers are a 
        Federal responsibility; and
            (2) the Secretary shall not seek further obligation or 
        responsibility for removal of the vessel COMSTOCK, or costs 
        associated with a delay due to the discovery of the sunken 
        vessel COMSTOCK, from the Port of Freeport.
    (b) Cost Sharing.--This section does not affect the authorized cost 
sharing for the balance of the project described in subsection (a).

SEC. <DELETED>3084</DELETED> 3089. HARRIS COUNTY, TEXAS.

    Section 575(b) of the Water Resources Development Act of 1996 (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. <DELETED>3085</DELETED> 3090. DAM REMEDIATION, VERMONT.

    Section 543 of the Water Resources Development Act of 2000 (114 
Stat. 2673) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) may carry out measures to restore, protect, and 
        preserve an ecosystem affected by a dam described in subsection 
        (b).''; and
            (2) in subsection (b), by adding at the end the following:
            ``(11) Camp Wapanacki, Hardwick.
            ``(12) Star Lake Dam, Mt. Holly.
            ``(13) Curtis Pond, Calais.
            ``(14) Weathersfield Reservoir, Springfield.
            ``(15) Burr Pond, Sudbury.
            ``(16) Maidstone Lake, Guildhall.
            ``(17) Upper and Lower Hurricane Dam.
            ``(18) Lake Fairlee.
            ``(19) West Charleston Dam.''.

SEC. <DELETED>3086</DELETED> 3091. LAKE CHAMPLAIN EURASIAN MILFOIL, 
              WATER CHESTNUT, AND OTHER NONNATIVE PLANT CONTROL, 
              VERMONT.

    Under authority of section 104 of the River and Harbor Act of 1958 
(33 U.S.C. 610), the Secretary shall revise the existing General Design 
Memorandum to permit the use of chemical means of control, when 
appropriate, of Eurasian milfoil, water chestnuts, and other nonnative 
plants in the Lake Champlain basin, Vermont.

SEC. <DELETED>3087</DELETED> 3092. UPPER CONNECTICUT RIVER BASIN 
              WETLAND RESTORATION, VERMONT AND NEW HAMPSHIRE.

    (a) In General.--The Secretary, in cooperation with the States of 
Vermont and New Hampshire, shall carry out a study and develop a 
strategy for the use of wetland restoration, soil and water 
conservation practices, and nonstructural measures to reduce flood 
damage, improve water quality, and create wildlife habitat in the Upper 
Connecticut River watershed.
    (b) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of the 
        study and development of the strategy under subsection (a) 
        shall be 65 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of the study and development of the strategy may be provided 
        through the contribution of in-kind services and materials.
    (c) Non-Federal Interest.--A nonprofit organization with wetland 
restoration experience may serve as the non-Federal interest for the 
study and development of the strategy under this section.
    (d) Cooperative Agreements.--In conducting the study and developing 
the strategy under this section, the Secretary may enter into 1 or more 
cooperative agreements to provide technical assistance to appropriate 
Federal, State, and local agencies and nonprofit organizations with 
wetland restoration experience, including assistance for the 
implementation of wetland restoration projects and soil and water 
conservation measures.
    (e) Implementation.--The Secretary shall carry out development and 
implementation of the strategy under this section in cooperation with 
local landowners and local government officials.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000, to remain available 
until expended.

SEC. <DELETED>3088</DELETED> 3093. UPPER CONNECTICUT RIVER BASIN 
              ECOSYSTEM RESTORATION, VERMONT AND NEW HAMPSHIRE.

    (a) General Management Plan Development.--
            (1) The Secretary, in cooperation with the Secretary of 
        Agriculture and in consultation with the States of Vermont and 
        New Hampshire and the Connecticut River Joint Commission, shall 
        conduct a study and develop a general management plan for 
        ecosystem restoration of the Upper Connecticut River ecosystem 
        for the purposes of--
                    (A) habitat protection and restoration;
                    (B) streambank stabilization;
                    (C) restoration of stream stability;
                    (D) water quality improvement;
                    (E) invasive species control;
                    (F) wetland restoration;
                    (G) fish passage; and
                    (H) natural flow restoration.
            (2) Existing plans.--In developing the general management 
        plan, the Secretary shall depend heavily on existing plans for 
        the restoration of the Upper Connecticut River.
    (b) Critical Restoration Projects.--
            (1) In general.--The Secretary may participate in any 
        critical restoration project in the Upper Connecticut River 
        Basin in accordance with the general management plan developed 
        under subsection (a).
            (2) Eligible projects.--A critical restoration project 
        shall be eligible for assistance under this section if the 
        project--
                    (A) meets the purposes described in the general 
                management plan developed under subsection (a); and
                    (B) with respect to the Upper Connecticut River and 
                Upper Connecticut River watershed, consists of--
                            (i) bank stabilization of the main stem, 
                        tributaries, and streams;
                            (ii) wetland restoration and migratory bird 
                        habitat restoration;
                            (iii) soil and water conservation;
                            (iv) restoration of natural flows;
                            (v) restoration of stream stability;
                            (vi) implementation of an intergovernmental 
                        agreement for coordinating ecosystem 
                        restoration, fish passage installation, 
                        streambank stabilization, wetland restoration, 
                        habitat protection and restoration, or natural 
                        flow restoration;
                            (vii) water quality improvement;
                            (viii) invasive species control;
                            (ix) wetland restoration and migratory bird 
                        habitat restoration;
                            (x) improvements in fish migration; and
                            (xi) conduct of any other project or 
                        activity determined to be appropriate by the 
                        Secretary.
    (c) Cost Sharing.--The Federal share of the cost of any project 
carried out under this section shall not be less than 65 percent.
    (d) Non-Federal Interest.--A nonprofit organization may serve as 
the non-Federal interest for a project carried out under this section.
    (e) Crediting.--
            (1) For work.--The Secretary shall provide credit, 
        including credit for in-kind contributions of up to 100 percent 
        of the non-Federal share, for work (including design work and 
        materials) if the Secretary determines that the work performed 
        by the non-Federal interest is integral to the product.
            (2) For other contributions.--The non-Federal interest 
        shall receive credit for land, easements, rights-of-way, 
        dredged material disposal areas, and relocations necessary to 
        implement the projects.
    (f) Cooperative Agreements.--In carrying out this section, the 
Secretary may enter into 1 or more cooperative agreements to provide 
financial assistance to appropriate Federal, State, or local 
governments or nonprofit agencies, including assistance for the 
implementation of projects to be carried out under subsection (b).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. <DELETED>3089</DELETED> 3094. LAKE CHAMPLAIN WATERSHED, VERMONT 
              AND NEW YORK.

    Section 542 of the Water Resources Development Act of 2000 (42 
Stat. 2671) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) river corridor assessment, protection, 
                management, and restoration for the purposes of 
                ecosystem restoration;
                    ``(F) geographic mapping conducted by the Secretary 
                using existing technical capacity to produce a high-
                resolution, multispectral satellite imagery-based land 
                use and cover data set; or''; and
            (2) in subsection (g), by striking ``$20,000,000'' and 
        inserting ``$32,000,000''.

SEC. <DELETED>3090</DELETED> 3095. CHESAPEAKE BAY OYSTER RESTORATION, 
              VIRGINIA AND MARYLAND.

    Section 704(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2263(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) in paragraph (1)--
                    (A) in the second sentence, by striking 
                ``$20,000,000'' and inserting ``$50,000,000''; and
                    (B) in the third sentence, by striking ``Such 
                projects'' and inserting the following:
            ``(2) Inclusions.--Such projects'';
            (3) by striking paragraph (2)(D) (as redesignated by 
        paragraph (2)(B)) and inserting the following:
                    ``(D) the restoration and rehabilitation of habitat 
                for fish, including native oysters, in the Chesapeake 
                Bay and its tributaries in Virginia and Maryland, 
                including--
                            ``(i) the construction of oyster bars and 
                        reefs;
                            ``(ii) the rehabilitation of existing 
                        marginal habitat;
                            ``(iii) the use of appropriate alternative 
                        substrate material in oyster bar and reef 
                        construction;
                            ``(iv) the construction and upgrading of 
                        oyster hatcheries; and
                            ``(v) activities relating to increasing the 
                        output of native oyster broodstock for seeding 
                        and monitoring of restored sites to ensure 
                        ecological success.
            ``(3) Restoration and rehabilitation activities.--The 
        restoration and rehabilitation activities described in 
        paragraph (2)(D) shall be--
                    ``(A) for the purpose of establishing permanent 
                sanctuaries and harvest management areas; and
                    ``(B) consistent with plans and strategies for 
                guiding the restoration of the Chesapeake Bay oyster 
                resource and fishery.''; and
            (4) by adding at the end the following:
            ``(5) Definition of ecological success.--In this 
        subsection, the term `ecological success' means--
                    ``(A) achieving a tenfold increase in native oyster 
                biomass by the year 2010, from a 1994 baseline; and
                    ``(B) the establishment of a sustainable fishery as 
                determined by a broad scientific and economic 
                consensus.''.

SEC. <DELETED>3091</DELETED> 3096. 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 $2,400,000 and an estimated non-Federal 
cost of $600,000.''.

SEC. <DELETED>3092</DELETED> 3097. EROSION CONTROL, PUGET ISLAND, 
              WAHKIAKUM COUNTY, WASHINGTON.

    (a) In General.--The Lower Columbia River levees and bank 
protection works authorized by section 204 of the Flood Control Act of 
1950 (64 Stat. 178) is modified with regard to the Wahkiakum County 
diking districts No. 1 and 3, but without regard to any cost ceiling 
authorized before the date of enactment of this Act, to direct the 
Secretary to provide a 1-time placement of dredged material along 
portions of the Columbia River shoreline of Puget Island, Washington, 
between river miles 38 to 47, to protect economic and environmental 
resources in the area from further erosion.
    (b) Coordination and Cost-Sharing Requirements.--The Secretary 
shall carry out subsection (a)--
            (1) in coordination with appropriate resource agencies;
            (2) in accordance with all applicable Federal law 
        (including regulations); and
            (3) at full Federal expense.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

SEC. <DELETED>3093</DELETED> 3098. LOWER GRANITE POOL, WASHINGTON.

    (a) Extinguishment of Reversionary Interests and Use 
Restrictions.--With respect to property covered by each deed described 
in subsection (b)--
            (1) the reversionary interests and use restrictions 
        relating to port or industrial purposes are extinguished;
            (2) the human habitation or other building structure use 
        restriction is extinguished in each area in which the elevation 
        is above the standard project flood elevation; and
            (3) the use of fill material to raise low areas above the 
        standard project flood elevation is authorized, except in any 
        low area constituting wetland for which a permit under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        would be required for the use of fill material.
    (b) Deeds.--The deeds referred to in subsection (a) are as follows:
            (1) Auditor's File Numbers 432576, 443411, and 579771 of 
        Whitman County, Washington.
            (2) Auditor's File Numbers 125806, 138801, 147888, 154511, 
        156928, and 176360 of Asotin County, Washington.
    (c) No Effect on Other Rights.--Nothing in this section affects any 
remaining rights and interests of the Corps of Engineers for authorized 
project purposes in or to property covered by a deed described in 
subsection (b).

SEC. <DELETED>3094</DELETED> 3099. MCNARY LOCK AND DAM, MCNARY NATIONAL 
              WILDLIFE REFUGE, WASHINGTON AND IDAHO.

    (a) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the land acquired for the McNary Lock and Dam Project 
and managed by the United States Fish and Wildlife Service under 
Cooperative Agreement Number DACW68-4-00-13 with the Corps of 
Engineers, Walla Walla District, is transferred from the Secretary to 
the Secretary of the Interior.
    (b) Easements.--The transfer of administrative jurisdiction under 
subsection (a) shall be subject to easements in existence as of the 
date of enactment of this Act on land subject to the transfer.
    (c) Rights of Secretary.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary shall retain rights described in paragraph (2) with 
        respect to the land for which administrative jurisdiction is 
        transferred under subsection (a).
            (2) Rights.--The rights of the Secretary referred to in 
        paragraph (1) are the rights--
                    (A) to flood land described in subsection (a) to 
                the standard project flood elevation;
                    (B) to manipulate the level of the McNary Project 
                Pool;
                    (C) to access such land described in subsection (a) 
                as may be required to install, maintain, and inspect 
                sediment ranges and carry out similar activities;
                    (D) to construct and develop wetland, riparian 
                habitat, or other environmental restoration features 
                authorized under section 1135 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2309a) and section 
                206 of the Water Resources Development Act of 1996 (33 
                U.S.C. 2330);
                    (E) to dredge and deposit fill materials; and
                    (F) to carry out management actions for the purpose 
                of reducing the take of juvenile salmonids by avian 
                colonies that inhabit, before, on, or after the date of 
                enactment of this Act, any island included in the land 
                described in subsection (a).
            (3) Coordination.--Before exercising a right described in 
        any of subparagraphs (C) through (F) of paragraph (2), the 
        Secretary shall coordinate the exercise with the United States 
        Fish and Wildlife Service.
    (d) Management.--
            (1) In general.--The land described in subsection (a) shall 
        be managed by the Secretary of the Interior as part of the 
        McNary National Wildlife Refuge.
            (2) Cummins property.--
                    (A) Retention of credits.--Habitat unit credits 
                described in the memorandum entitled ``Design 
                Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE 
                COMPENSATION PLAN, Wildlife Compensation and Fishing 
                Access Site Selection, Letter Supplement No. 15, SITE 
                DEVELOPMENT PLAN FOR THE WALLULA HMU'' provided for the 
                Lower Snake River Fish and Wildlife Compensation Plan 
                through development of the parcel of land formerly 
                known as the ``Cummins property'' shall be retained by 
                the Secretary despite any changes in management of the 
                parcel on or after the date of enactment of this Act.
                    (B) Site development plan.--The United States Fish 
                and Wildlife Service shall obtain prior approval of the 
                Washington State Department of Fish and Wildlife for 
                any change to the previously approved site development 
                plan for the parcel of land formerly known as the 
                ``Cummins property''.
            (3) Madame dorian recreation area.--The United States Fish 
        and Wildlife Service shall continue operation of the Madame 
        Dorian Recreation Area for public use and boater access.
    (e) Administrative Costs.--The United States Fish and Wildlife 
Service shall be responsible for all survey, environmental compliance, 
and other administrative costs required to implement the transfer of 
administrative jurisdiction under subsection (a).

SEC. <DELETED>3095</DELETED> 3100. SNAKE RIVER PROJECT, WASHINGTON AND 
              IDAHO.

    The Fish and Wildlife Compensation Plan for the Lower Snake River, 
Washington and Idaho, as authorized by section 101 of the Water 
Resources Development Act of 1976 (90 Stat. 2921), is amended to 
authorize the Secretary to conduct studies and implement aquatic and 
riparian ecosystem restorations and improvements specifically for 
fisheries and wildlife.

SEC. <DELETED>3096</DELETED> 3101. MARMET LOCK, KANAWHA RIVER, WEST 
              VIRGINIA.

    Section 101(a)(31) of the Water Resources Development Act of 1996 
(110 Stat. 3666), is amended by striking ``$229,581,000'' and inserting 
``$358,000,000''.

SEC. <DELETED>3097</DELETED> 3102. LOWER MUD RIVER, MILTON, WEST 
              VIRGINIA.

    The project for flood control at Milton, West Virginia, authorized 
by section 580 of the Water Resources Development Act of 1996 (110 
Stat. 3790), as modified by section 340 of the Water Resources 
Development Act of 2000 (114 Stat. 2612), is modified to authorize the 
Secretary to construct the project substantially in accordance with the 
draft report of the Corps of Engineers dated May 2004, at an estimated 
total cost of $45,500,000, with an estimated Federal cost of 
$34,125,000 and an estimated non-Federal cost of $11,375,000.

SEC. 3103. GREEN BAY HARBOR PROJECT, GREEN BAY, WISCONSIN.

    The portion of the inner harbor of the Federal navigation channel 
of the Green Bay Harbor project, authorized under 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 July 5, 1884 (commonly known as the 
``River and Harbor Act of 1884'') (23 Stat. 136, chapter 229), from 
Station 190+00 to Station 378+00 is authorized to a width of 75 feet 
and a depth of 6 feet.

SEC. <DELETED>3098</DELETED> 3104. UNDERWOOD CREEK DIVERSION FACILITY 
              PROJECT, MILWAUKEE COUNTY, WISCONSIN.

    Section 212(e) of the Water Resources Development Act of 1999 (33 
U.S.C. 2332) is amended--
            (1) in paragraph (22), by striking ``and'' at the end;
            (2) in paragraph (23), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) Underwood Creek Diversion Facility Project (County 
        Grounds), Milwaukee County, Wisconsin.''.

SEC. <DELETED>3099</DELETED> 3105. 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.--
            ``(1) In general.--The Secretary may operate the headwaters 
        reservoirs below the minimum or above the maximum water levels 
        established under subsection (a) in accordance with water 
        control regulation manuals (or revisions to those manuals) 
        developed by the Secretary, after consultation with the 
        Governor of Minnesota and affected tribal governments, 
        landowners, and commercial and recreational users.
            ``(2) Effective date of manuals.--The water control 
        regulation manuals referred to in paragraph (1) (and any 
        revisions to those manuals) shall be effective as of the date 
        on which the Secretary submits the manuals (or revisions) to 
        Congress.
            ``(3) Notification.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not less than 14 days before 
                operating any headwaters reservoir below the minimum or 
                above the maximum water level limits specified in 
                subsection (a), the Secretary shall submit to Congress 
                a notice of intent to operate the headwaters reservoir.
                    ``(B) Exception.--Notice under subparagraph (A) 
                shall not be required in any case in which--
                            ``(i) the operation of a headwaters 
                        reservoir is necessary to prevent the loss of 
                        life or to ensure the safety of a dam; or
                            ``(ii) the drawdown of the water level of 
                        the reservoir is in anticipation of a flood 
                        control operation.''.

SEC. <DELETED>3100</DELETED> 3106. LOWER MISSISSIPPI RIVER MUSEUM AND 
              RIVERFRONT INTERPRETIVE SITE.

    Section 103(c)(2) of the Water Resources Development Act of 1992 
(106 Stat. 4811) is amended by striking ``property currently held by 
the Resolution Trust Corporation in the vicinity of the Mississippi 
River Bridge'' and inserting ``riverfront property''.

SEC. <DELETED>3101</DELETED> 3107. PILOT PROGRAM, MIDDLE MISSISSIPPI 
              RIVER.

    (a) In General.--In accordance with the project for navigation, 
Mississippi River between the Ohio and Missouri Rivers (Regulating 
Works), Missouri and Illinois, authorized by the Act of June 25, 1910 
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor 
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) 
(commonly known as the ``River and Harbor Act of 1927''), and the Act 
of July 3, 1930 (46 Stat. 918), the Secretary shall carry out over at 
least a 10-year period a pilot program to restore and protect fish and 
wildlife habitat in the middle Mississippi River.
    (b) Authorized Activities.--
            (1) In general.--As part of the pilot program carried out 
        under subsection (a), the Secretary shall conduct any 
        activities that are necessary to improve navigation through the 
        project referred to in subsection (a) while restoring and 
        protecting fish and wildlife habitat in the middle Mississippi 
        River system.
            (2) Inclusions.--Activities authorized under paragraph (1) 
        shall include--
                    (A) the modification of navigation training 
                structures;
                    (B) the modification and creation of side channels;
                    (C) the modification and creation of islands;
                    (D) any studies and analysis necessary to develop 
                adaptive management principles; and
                    (E) the acquisition from willing sellers of any 
                land associated with a riparian corridor needed to 
                carry out the goals of the pilot program.
    (c) Cost-Sharing Requirement.--The cost-sharing requirement 
required under the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
(commonly known as the ``River and Harbor Act of 1910''), the Act of 
January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the 
``River and Harbor Act of 1927''), and the Act of July 3, 1930 (46 
Stat. 918), for the project referred to in subsection (a) shall apply 
to any activities carried out under this section.

SEC. <DELETED>3102</DELETED> 3108. UPPER MISSISSIPPI RIVER SYSTEM 
              ENVIRONMENTAL MANAGEMENT PROGRAM.

    Notwithstanding section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d-5b), for any Upper Mississippi River fish and wildlife 
habitat rehabilitation and enhancement project carried out under 
section 1103(e) of the Water Resources Development Act of 1986 (33 
U.S.C. 652(e)), with the consent of the affected local government, a 
nongovernmental organization may be considered to be a non-Federal 
interest.

SEC. 3109. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION PROGRAM.

    (a) Great Lakes Fishery and Ecosystem Restoration.--Section 506(c) 
of the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22(c)) 
is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Reconnaissance studies.--Before planning, designing, 
        or constructing a project under paragraph (3), the Secretary 
        shall carry out a reconnaissance study--
                    ``(A) to identify methods of restoring the fishery, 
                ecosystem, and beneficial uses of the Great Lakes; and
                    ``(B) to determine whether planning of a project 
                under paragraph (3) should proceed.''; and
            (3) in paragraph (4)(A) (as redesignated by paragraph (1)), 
        by striking ``paragraph (2)'' and inserting ``paragraph (3)''.
    (b) Cost Sharing.--Section 506(f) of the Water Resources 
Development Act of 2000 (42 U.S.C. 1962d-22(f)) is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Reconnaissance studies.--Any reconnaissance study 
        under subsection (c)(2) shall be carried out at full Federal 
        expense.'';
            (3) in paragraph (3) (as redesignated by paragraph (1)), by 
        striking ``(2) or (3)'' and inserting ``(3) or (4)''; and
            (4) in paragraph (4)(A) (as redesignated by paragraph (1)), 
        by striking ``subsection (c)(2)'' and inserting ``subsection 
        (c)(3)''.

SEC. 3110. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.

    Section 401(c) of the Water Resources Development Act of 1990 (104 
Stat. 4644; 33 U.S.C. 1268 note) is amended by striking ``through 
2006'' and inserting ``through 2011''.

SEC. 3111. GREAT LAKES TRIBUTARY MODELS.

    Section 516(g)(2) of the Water Resources Development Act of 1996 
(33 U.S.C. 2326b(g)(2)) is amended by striking ``through 2006'' and 
inserting ``through 2011''.

                           TITLE IV--STUDIES

SEC. 4001. EURASIAN MILFOIL.

    Under the authority of section 104 of the River and Harbor Act of 
1958 (33 U.S.C. 610), the Secretary shall carry out a study, at full 
Federal expense, to develop national protocols for the use of the 
Euhrychiopsis lecontei weevil for biological control of Eurasian 
milfoil in the lakes of Vermont and other northern tier States.

SEC. 4002. NATIONAL PORT STUDY.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, shall conduct a study of the ability of coastal or 
deepwater port infrastructure to meet current and projected national 
economic needs.
    (b) Components.--In conducting the study, the Secretary shall--
            (1) consider--
                    (A) the availability of alternate transportation 
                destinations and modes;
                    (B) the impact of larger cargo vessels on existing 
                port capacity; and
                    (C) practicable, cost-effective congestion 
                management alternatives; and
            (2) give particular consideration to the benefits and 
        proximity of proposed and existing port, harbor, waterway, and 
        other transportation infrastructure.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, 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 a report that describes 
the results of the study.

SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.

    (a) In General.--To determine with improved accuracy the 
environmental impacts of the project on the McClellan-Kerr Arkansas 
River Navigation Channel (referred to in this section as the 
``MKARN''), the Secretary shall carry out the measures described in 
<DELETED>subsections (b) and (c)</DELETED> subsection (b) in a timely 
manner.
<DELETED>    (b) National Environmental Policy Act Analysis.--In 
carrying out the responsibility of the Secretary under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this 
section, the Secretary shall include consideration of--</DELETED>
        <DELETED>    (1) the environmental impacts associated with 
        transporting an equivalent quantity of goods on Federal, State, 
        and county roads and such other alternative modes of 
        transportation and alternative destinations as are estimated to 
        be transported on the MKARN;</DELETED>
        <DELETED>    (2) the impacts associated with air 
        quality;</DELETED>
        <DELETED>    (3) other human health and safety information 
        (including premature deaths averted); and</DELETED>
        <DELETED>    (4) the environmental and economic costs 
        associated with the dredging of any site on the MKARN, to the 
        extent that the site would be dredged if the MKARN were 
        authorized to a 9-foot depth.</DELETED>
    (c)</DELETED> (b) Species Study.--
            (1) In general.--The Secretary, in conjunction with 
        Oklahoma State University, shall convene a panel of experts 
        with acknowledged expertise in wildlife biology and genetics to 
        review the available scientific information regarding the 
        genetic variation of various sturgeon species and possible 
        hybrids of those species that, as determined by the United 
        States Fish and Wildlife Service, may exist in any portion of 
        the MKARN.
            (2) Report.--The Secretary shall direct the panel to report 
        to the Secretary, not later than 1 year after the date of 
        enactment of this Act and in the best scientific judgment of 
        the panel--
                    (A) the level of genetic variation between 
                populations of sturgeon sufficient to determine or 
                establish that a population is a measurably distinct 
                species, subspecies, or population segment; and
                    (B) whether any pallid sturgeons that may be found 
                in the MKARN (including any tributary of the MKARN) 
                would qualify as such a distinct species, subspecies, 
                or population segment.

SEC. 4004. SELENIUM STUDY, COLORADO.

    (a) In General.--The Secretary, in consultation with State water 
quality and resource and conservation agencies, shall conduct regional 
and watershed-wide studies to address selenium concentrations in the 
State of Colorado, including studies--
            (1) to measure selenium on specific sites; and
            (2) to determine whether specific selenium measures studied 
        should be recommended for use in demonstration projects.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

    The Secretary shall carry out a study for bank stabilization and 
shore protection for Nicholas Canyon, Los Angeles, California, under 
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).

SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.

    Section 414 of the Water Resources Development Act of 2000 (114 
Stat. 2636) is amended by striking ``32 months'' and inserting ``44 
months''.

SEC. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. HELENA, 
              CALIFORNIA.

    (a) In General.--The Secretary shall review the project for flood 
control and environmental restoration at St. Helena, California, 
generally in accordance with Enhanced Minimum Plan A, as described in 
the Final Environmental Impact Report prepared by the city of St. 
Helena, California, and certified by the city to be in compliance with 
the California Environmental Quality Act on February 24, 2004.
    (b) Cost Sharing.--Cost sharing for the project described in 
subsection (a) shall be in accordance with section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213).

SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, SHERMAN 
              ISLAND, CALIFORNIA.

    The Secretary shall carry out a study of the feasibility of a 
project to use Sherman Island, California, as a dredged material 
rehandling facility for the beneficial use of dredged material to 
enhance the environment and meet other water resource needs on the 
Sacramento-San Joaquin Delta, California, under section 204 of the 
Water Resources Development Act of 1992 (33 U.S.C. 2326).

SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.

    In carrying out the feasibility phase of the South San Francisco 
Bay shoreline study, the Secretary shall use planning and design 
documents prepared by the California State Coastal Conservancy, the 
Santa Clara Valley Water District, and other local interests, in 
cooperation with the Corps of Engineers (who shall provide technical 
assistance to the local interests), as the basis for recommendations to 
Congress for authorization of a project to provide for flood protection 
of the South San Francisco Bay shoreline and restoration of the South 
San Francisco Bay salt ponds.

SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.

    (a) In General.--The Secretary shall complete work as expeditiously 
as practicable on the San Pablo watershed, California, study authorized 
under section 209 of the Flood Control Act of 1962 (76 Stat. 1196) to 
determine the feasibility of opportunities for restoring, preserving, 
and protecting the San Pablo Bay Watershed.
    (b) Report.--Not later than March 31, 2008, the Secretary shall 
submit to Congress a report that describes the results of the study.

SEC. 4011. BUBBLY CREEK, SOUTH FORK OF SOUTH BRANCH, CHICAGO RIVER, 
              ILLINOIS.

    The Secretary shall conduct a study of the feasibility of carrying 
out ecosystem restoration and any other related activity along the 
South Fork of the South Branch of the Chicago River, Illinois (commonly 
known as ``Bubbly Creek'').

SEC. 4012. GRAND AND TIGER PASSES AND BAPTISTE COLLETTE BAYOU, 
              LOUISIANA.

    The Secretary shall conduct a study of the feasibility of modifying 
the project in existence on the date of enactment of this Act for 
enlargement of the navigation channels in the Grand and Tiger Passes 
and Baptiste Collette Bayou, Louisiana.

SEC. <DELETED>4011</DELETED> 4013. LAKE ERIE AT LUNA PIER, MICHIGAN.

    The Secretary shall study the feasibility of storm damage reduction 
and beach erosion protection and other related purposes along Lake Erie 
at Luna Pier, Michigan.

SEC. <DELETED>4012</DELETED> 4014. MIDDLE BASS ISLAND STATE PARK, 
              MIDDLE BASS ISLAND, OHIO.

    The Secretary shall carry out a study of the feasibility of a 
project for navigation improvements, shoreline protection, and other 
related purposes, including the rehabilitation the harbor basin 
(including entrance breakwaters), interior shoreline protection, 
dredging, and the development of a public launch ramp facility, for 
Middle Bass Island State Park, Middle Bass Island, Ohio.

SEC. <DELETED>4013</DELETED> 4015. JASPER COUNTY PORT FACILITY STUDY, 
              SOUTH CAROLINA.

    (a) In General.--The Secretary may determine the feasibility of 
providing improvements to the Savannah River for navigation and related 
purposes that may be necessary to support the location of container 
cargo and other port facilities to be located in Jasper County, South 
Carolina, near the vicinity of mile 6 of the Savannah Harbor Entrance 
Channel.
    (b) Consideration.--In making a determination under subsection (a), 
the Secretary shall take into consideration--
            (1) landside infrastructure;
            (2) the provision of any additional dredged material 
        disposal area for maintenance of the ongoing Savannah Harbor 
        Navigation project; and
            (3) the results of a consultation with the Governor of the 
        State of <DELETED>California</DELETED> Georgia and the Governor 
        of the State of South Carolina.

SEC. <DELETED>4014</DELETED> 4016. LAKE CHAMPLAIN CANAL STUDY, VERMONT 
              AND NEW YORK.

    (a) Dispersal Barrier Project.--The Secretary shall determine, at 
full Federal expense, the feasibility of a dispersal barrier project at 
the Lake Champlain Canal.
    (b) Construction, Maintenance, and Operation.--If the Secretary 
determines that the project described in subsection (a) is feasible, 
the Secretary shall construct, maintain, and operate a dispersal 
barrier at the Lake Champlain Canal at full Federal expense.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 5001. 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) in paragraph (18), by striking ``and'' at the end;
            (2) in paragraph (19), by striking the period at the end 
        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) Lake Sakakawea, North Dakota, removal of silt and 
        aquatic growth and measures to address excessive sedimentation;
            ``(22) Lake Morley, Vermont, removal of silt and aquatic 
        growth and measures to address excessive sedimentation;
            ``(23) Lake Fairlee, Vermont, removal of silt and aquatic 
        growth and measures to address excessive sedimentation; and
            ``(24) Lake Rodgers, Creedmoor, North Carolina, removal of 
        silt and excessive nutrients and restoration of structural 
        integrity.''.

SEC. 5002. ESTUARY RESTORATION.

    (a) Purposes.--Section 102 of the Estuary Restoration Act of 2000 
(33 U.S.C. 2901) is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``by implementing a coordinated Federal approach to 
        estuary habitat restoration activities, including the use of 
        common monitoring standards and a common system for tracking 
        restoration acreage'';
            (2) in paragraph (2), by inserting ``and implement'' after 
        ``to develop''; and
            (3) in paragraph (3), by inserting ``through cooperative 
        agreements'' after ``restoration projects''.
    (b) Definition of Estuary Habitat Restoration Plan.--Section 
103(6)(A) of the Estuary Restoration Act of 2000 (33 U.S.C. 2902(6)(A)) 
is amended by striking ``Federal or State'' and inserting ``Federal, 
State, or regional''.
    (c) Estuary Habitat Restoration Program.--Section 104 of the 
Estuary Restoration Act of 2000 (33 U.S.C. 2903) is amended--
            (1) in subsection (a), by inserting ``through the award of 
        contracts and cooperative agreements'' after ``assistance'';
            (2) in subsection (c)--
                    (A) in paragraph (3)(A), by inserting ``or State'' 
                after ``Federal''; and
                    (B) in paragraph (4)(B), by inserting ``or 
                approach'' after ``technology'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Except'' and inserting 
                        the following:
                            ``(i) In general.--Except''; and
                            (ii) by adding at the end the following:
                            ``(ii) Monitoring.--
                                    ``(I) Costs.--The costs of 
                                monitoring an estuary habitat 
                                restoration project funded under this 
                                title may be included in the total cost 
                                of the estuary habitat restoration 
                                project.
                                    ``(II) Goals.--The goals of the 
                                monitoring are--
                                            ``(aa) to measure the 
                                        effectiveness of the 
                                        restoration project; and
                                            ``(bb) to allow adaptive 
                                        management to ensure project 
                                        success.'';
                    (B) in paragraph (2), by inserting ``or approach'' 
                after ``technology''; and
                    (C) in paragraph (3), by inserting ``(including 
                monitoring)'' after ``services'';
            (4) in subsection (f)(1)(B), by inserting ``long-term'' 
        before ``maintenance''; and
            (5) in subsection (g)--
                    (A) by striking ``In carrying'' and inserting the 
                following:
            ``(1) In general.--In carrying''; and
                    (B) by adding at the end the following:
            ``(2) Small projects.--
                    ``(A) Definition.--Small projects carried out under 
                this Act shall have a Federal share of less than 
                $1,000,000.
                    ``(B) Delegation of project implementation.--In 
                carrying out this section, the Secretary, on 
                recommendation of the Council, shall consider 
                delegating implementation of the small project to--
                            ``(i) the Secretary of the Interior (acting 
                        through the Director of the United States Fish 
                        and Wildlife Service);
                            ``(ii) the Under Secretary for Oceans and 
                        Atmosphere of the Department of Commerce;
                            ``(iii) the Administrator of the 
                        Environmental Protection Agency; or
                            ``(iv) the Secretary of Agriculture.
                    ``(C) Funding.--Small projects delegated to another 
                Federal department or agency may be funded from the 
                responsible department or appropriations of the agency 
                authorized by section 109(a)(1).
                    ``(D) Agreements.--The Federal department or agency 
                to which a small project is delegated shall enter into 
                an agreement with the non-Federal interest generally in 
                conformance with the criteria in sections 104(d) and 
                104(e). Cooperative agreements may be used for any 
                delegated project.''.
    (d) Establishment of Estuary Habitat Restoration Council.--Section 
105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2904(b)) is 
amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) cooperating in the implementation of the strategy 
        developed under section 106;
            ``(7) recommending standards for monitoring for restoration 
        projects and contribution of project information to the 
        database developed under section 107; and
            ``(8) otherwise using the respective agency authorities of 
        the Council members to carry out this title.''.
    (e) Monitoring of Estuary Habitat Restoration Projects.--Section 
107(d) of the Estuary Restoration Act of 2000 (33 U.S.C. 2906(d)) is 
amended by striking ``compile'' and inserting ``have general data 
compilation, coordination, and analysis responsibilities to carry out 
this title and in support of the strategy developed under section 107, 
including compilation of''.
    (f) Reporting.--Section 108(a) of the Estuary Restoration Act of 
2000 (33 U.S.C. 2907(a)) is amended by striking ``third and fifth'' and 
inserting ``sixth, eighth, and tenth''.
    (g) Funding.--Section 109(a) of the Estuary Restoration Act of 2000 
(33 U.S.C. 2908(a)) is amended--
            (1) in paragraph (1), by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) to the Secretary, $25,000,000 for each of 
                fiscal years 2006 through 2010;
                    ``(B) to the Secretary of the Interior (acting 
                through the Director of the United States Fish and 
                Wildlife Service), $2,500,000 for each of fiscal years 
                2006 through 2010;
                    ``(C) to the Under Secretary for Oceans and 
                Atmosphere of the Department of Commerce, $2,500,000 
                for each of fiscal years 2006 through 2010;
                    ``(D) to the Administrator of the Environmental 
                Protection Agency, $2,500,000 for each of fiscal years 
                2006 through 2010; and
                    ``(E) to the Secretary of Agriculture, $2,500,000 
                for each of fiscal years 2006 through 2010.''; and
            (2) in the first sentence of paragraph (2)--
                    (A) by inserting ``and other information compiled 
                under section 107'' after ``this title''; and
                    (B) by striking ``2005'' and inserting ``2010''.
    (h) General Provisions.--Section 110 of the Estuary Restoration Act 
of 2000 (33 U.S.C. 2909) is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting ``or contracts'' after 
                ``agreements''; and
                    (B) by inserting ``, nongovernmental 
                organizations,'' after ``agencies''; and
            (2) by striking subsections (d) and (e).

SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND.

    (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 the States 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. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE, 
              MARYLAND, PENNSYLVANIA, AND VIRGINIA.

    (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 sections 2.2 of the Susquehanna River Basin 
Compact (Public Law 91-575) and the Delaware River Basin Compact 
(Public Law 87-328), beginning in fiscal year 2002, and each fiscal 
year thereafter, the Division Engineer, North Atlantic Division, Corps 
of Engineers--
            (1) shall be the ex officio United States member under the 
        Susquehanna River Basin Compact, the Delaware River Basin 
        Compact, and the Potomac River Basin Compact;
            (2) shall serve without additional compensation; and
            (3) may designate an alternate member in accordance with 
        the terms of those compacts.
    (b) Authorization to Allocate.--The Secretary shall 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 the respective interstate compacts.
    (c) Water Supply and Conservation Storage, Delaware River Basin.--
            (1) In general.--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, for any period during which the 
        Commission has determined that a drought warning or drought 
        emergency exists.
            (2) Limitation.--The agreement shall provide that the cost 
        for water supply and conservation storage under paragraph (1) 
        shall not exceed the incremental operating costs associated 
        with providing the storage.
    (d) Water Supply and Conservation Storage, Susquehanna River 
Basin.--
            (1) In general.--The Secretary shall enter into an 
        agreement with the Susquehanna River Basin Commission to 
        provide temporary water supply and conservation storage at 
        Federal facilities operated by the Corps of Engineers in the 
        Susquehanna River Basin, during any period in which the 
        Commission has determined that a drought warning or drought 
        emergency exists.
            (2) Limitation.--The agreement shall provide that the cost 
        for water supply and conservation storage under paragraph (1) 
        shall not exceed the incremental operating costs associated 
        with providing the storage.
    (e) Water Supply and Conservation Storage, Potomac River Basin.--
            (1) In general.--The Secretary shall enter into an 
        agreement with the Potomac River Basin Commission to provide 
        temporary water supply and conservation storage at Federal 
        facilities operated by the Corps of Engineers in the Potomac 
        River Basin for any period during which the Commission has 
        determined that a drought warning or drought emergency exists.
            (2) Limitation.--The agreement shall provide that the cost 
        for water supply and conservation storage under paragraph (1) 
        shall not exceed the incremental operating costs associated 
        with providing the storage.

SEC. 5005. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT, 
              ILLINOIS.

    (a) Existing Barrier.--The Secretary shall upgrade and make 
permanent, at full 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) New Barrier.--Notwithstanding the project cooperation agreement 
dated November 21, 2003, with the State of Illinois, the Secretary 
shall construct, at full Federal expense, the Chicago Sanitary and Ship 
Canal Dispersal Barrier currently being implemented under section 1135 
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
    (c) Operation and Maintenance.--The Chicago Sanitary and Ship Canal 
Dispersal Barriers described in subsections (a) and (b) shall be 
operated and maintained, at full Federal expense, as a system in a 
manner to optimize effectiveness.
    (d) Credit.--
            (1) In general.--The Secretary shall credit to each State 
        the proportion of funds that the State contributed to the 
        authorized dispersal barriers.
            (2) Use.--A State may apply the credit to existing or 
        future projects of the Corps of Engineers.

SEC. 5006. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, NEW MEXICO.

    (a) Short Title.--This section may be cited as the ``Rio Grande 
Environmental Management Act of 2004''.
    (b) Definitions.--In this section:
            (1) Rio grande compact.--The term ``Rio Grande Compact'' 
        means the compact approved by Congress under the Act of May 31, 
        1939 (53 Stat. 785, chapter 155), and ratified by the States of 
        Colorado, New Mexico, and Texas.
            (2) Rio grande system.--The term ``Rio Grande system'' 
        means the headwaters of the Rio Chama River and the Rio Grande 
        River (including all tributaries of the Rivers), from the 
        border between the States of Colorado and New Mexico downstream 
        to the border between the States of New Mexico and Texas.
            (3) State.--The term ``State'' means the State of New 
        Mexico.
    (c) Program Authority.--
            (1) In general.--The Secretary shall carry out, in the Rio 
        Grande system--
                    (A) a program for the planning, construction, and 
                evaluation of measures for fish and wildlife habitat 
                rehabilitation and enhancement; and
                    (B) implementation of a long-term monitoring, 
                computerized data inventory and analysis, applied 
                research, and adaptive management program.
            (2) Reports.--Not later than December 31, 2008, and not 
        later than December 31 of every sixth year thereafter, the 
        Secretary, in consultation with the Secretary of the Interior 
        and the State, shall submit to Congress a report that--
                    (A) contains an evaluation of the programs 
                described in paragraph (1);
                    (B) describes the accomplishments of each of the 
                programs;
                    (C) provides updates of a systemic habitat needs 
                assessment; and
                    (D) identifies any needed adjustments in the 
                authorization of the programs.
    (d) State and Local Consultation and Cooperative Effort.--For the 
purpose of ensuring the coordinated planning and implementation of the 
programs authorized under subsection (c), the Secretary shall--
            (1) consult with the State and other appropriate entities 
        in the State the rights and interests of which might be 
        affected by specific program activities; and
            (2) enter into an interagency agreement with the Secretary 
        of the Interior to provide for the direct participation of, and 
        transfer of funds to, the United States Fish and Wildlife 
        Service and any other agency or bureau of the Department of the 
        Interior for the planning, design, implementation, and 
        evaluation of those programs.
    (e) Cost Sharing.--
            (1) In general.--The non-Federal share of the cost of a 
        project carried out under subsection (c)(1)(A)--
                    (A) shall be 35 percent;
                    (B) may be provided through in-kind services or 
                direct cash contributions; and
                    (C) shall include provision of necessary land, 
                easements, relocations, and disposal sites.
            <DELETED>(3)</DELETED> (2) Operation and maintenance.--The 
        costs of operation and maintenance of a project located on 
        Federal land, or land owned or operated by a State or local 
        government, shall be borne by the Federal, State, or local 
        agency that has jurisdiction over fish and wildlife activities 
        on the land.
    (f) Nonprofit Entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), with the consent of the 
affected local government, a nonprofit entity may be included as a non-
Federal interest for any project carried out under subsection 
(c)(1)(A).
    (g) Effect on Other Law.--
            (1) Water law.--Nothing in this section preempts any State 
        water law.
            (2) Compacts and decrees.--In carrying out this section, 
        the Secretary shall comply with the Rio Grande Compact, and any 
        applicable court decrees or Federal and State laws, affecting 
        water or water rights in the Rio Grande system.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $25,000,000 for 
fiscal year 2005 and each subsequent fiscal year.

SEC. 5007. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
              TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.

    (a) Disbursement Provisions of the State of South Dakota and the 
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial 
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the 
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``and the Secretary 
                of the Treasury'' after ``Secretary''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the State of South Dakota funds from the 
                        State of South Dakota Terrestrial Wildlife 
                        Habitat Restoration Trust Fund established 
                        under section 603, to be used to carry out the 
                        plan for terrestrial wildlife habitat 
                        restoration submitted by the State of South 
                        Dakota after the State certifies to the 
                        Secretary of the Treasury that the funds to be 
                        disbursed will be used in accordance with 
                        section 603(d)(3) and only after the Trust Fund 
                        is fully capitalized.''; and
            (2) in subparagraph (B), by striking clause (ii) and 
        inserting the following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the Cheyenne River Sioux Tribe and the Lower 
                        Brule Sioux Tribe funds from the Cheyenne River 
                        Sioux Terrestrial Wildlife Habitat Restoration 
                        Trust Fund and the Lower Brule Sioux 
                        Terrestrial Wildlife Habitat Restoration Trust 
                        Fund, respectively, established under section 
                        604, to be used to carry out the plans for 
                        terrestrial wildlife habitat restoration 
                        submitted by the Cheyenne River Sioux Tribe and 
                        the Lower Brule Sioux Tribe, respectively, 
                        after the respective tribe certifies to the 
                        Secretary of the Treasury that the funds to be 
                        disbursed will be used in accordance with 
                        section 604(d)(3) and only after the Trust Fund 
                        is fully capitalized.''.
    (b) Investment Provisions of the State of South Dakota Terrestrial 
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources 
Development Act of 1999 (113 Stat. 388) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Fund.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest the Fund in accordance with all of the 
                requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in the Fund under subsection (b) 
                        shall be credited to an account within the Fund 
                        (referred to in this paragraph as the 
                        `principal account') and invested as provided 
                        in subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of the Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of the Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of the Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuance of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested in eligible 
                        obligations that are identical (except for 
                        transferability) to publicly issued Treasury 
                        obligations that have maturities that coincide, 
                        to the maximum extent practicable, with the 
                        date on which the Fund is expected to be fully 
                        capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the State of South Dakota the 
        results of the investment activities and financial status of 
        the Fund during the preceding 12-month period.'';
            (2) in subsection (d)(2), by inserting ``of the Treasury'' 
        after Secretary''; and
            (3) by striking subsection (f) and inserting the following:
    ``(f) Administrative Expenses.--There are authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Secretary of the Treasury, to pay expenses 
associated with investing the Fund and auditing the uses of amounts 
withdrawn from the Fund--
            ``(1) up to $500,000 for each of fiscal years 2006 and 
        2007; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.''.
    (c) Investment Provisions for the Cheyenne River Sioux Tribe and 
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water 
Resources Development Act of 1999 (113 Stat. 389) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Funds.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest each of the Funds in accordance with all 
                of the requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in each Fund under subsection (b) 
                        shall be credited to an account within the Fund 
                        (referred to in this paragraph as the 
                        `principal account') and invested as provided 
                        in subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of each Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of each Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of each Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuation of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of the interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which each Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested in eligible 
                        obligations that are identical (except for 
                        transferability) to publicly issued Treasury 
                        obligations that have maturities that coincide, 
                        to the maximum extent practicable, with the 
                        date on which the Fund is expected to be fully 
                        capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which each Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe the results of the investment 
        activities and financial status of the Funds during the 
        preceding 12-month period.''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Administrative Expenses.--There are authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Secretary of the Treasury to pay expenses 
associated with investing the Funds and auditing the uses of amounts 
withdrawn from the Funds--
            ``(1) up to $500,000 for each of fiscal years 2006 and 
        2007; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.''.

SEC. 5008. CONNECTICUT RIVER DAMS, VERMONT.

    (a) In General.--The Secretary shall evaluate, design, and 
construct structural modifications at full Federal cost to the Union 
Village Dam (Ompompanoosuc River), North Hartland Dam (Ottauquechee 
River), North Springfield Dam (Black River), Ball Mountain Dam (West 
River), and Townshend Dam (West River), Vermont, to regulate flow and 
temperature to mitigate downstream impacts on aquatic habitat and 
fisheries.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.

    The project for flood damage reduction, Little Cove Creek, Glencoe, 
Alabama, authorized by the Supplemental Appropriations Act, 1985 (99 
Stat. 312), is not authorized.

SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

    The project for flood control, Goleta and Vicinity, California, 
authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 
1826), is not authorized.

SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

    (a) In General.--The portion of the project for navigation, 
Bridgeport Harbor, Connecticut, authorized by the Act of July 3, 1930 
(46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River 
and described in subsection (b), is not authorized.
    (b) Description of Project.--The project referred to in subsection 
(a) is described as beginning at a point along the eastern limit of the 
existing project, N. 123,649.75, E. 481,920.54, thence running 
northwesterly about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 
thence running northeasterly about 1,442.21 feet to a point N. 
125,030.08, E. 482,394.96, thence running northeasterly about 139.52 
feet to a point along the east limit of the existing channel, N. 
125,133.87, E. 482,488.19, thence running southwesterly about 1,588.98 
feet to the point of origin.

SEC. 6004. BRIDGEPORT, CONNECTICUT.

    The project for environmental infrastructure, Bridgeport, 
Connecticut, authorized by section 219(f)(26) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 6005. HARTFORD, CONNECTICUT.

    The project for environmental infrastructure, Hartford, 
Connecticut, authorized by section 219(f)(27) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 6006. NEW HAVEN, CONNECTICUT.

    The project for environmental infrastructure, New Haven, 
Connecticut, authorized by section 219(f)(28) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336), is not 
authorized.

SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE BAY, PART 
              II, INSTALLATION OF FENDER PROTECTION FOR BRIDGES, 
              DELAWARE AND MARYLAND.

    The project for the construction of bridge fenders for the Summit 
and St. Georges Bridge for the Inland Waterway of the Delaware River to 
the C & D Canal of the Chesapeake Bay authorized by the River and 
Harbor Act of 1954 (68 Stat. 1249) is not authorized.

SEC. 6008. CENTRAL AND SOUTHERN FLORIDA, EVERGLADES NATIONAL PARK, 
              FLORIDA.

    The project to modify the Central and Southern Florida project to 
improve water supply to the Everglades National Park, Florida, 
authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 
1257) and the Flood Control Act of 1968 (82 Stat. 740), is not 
authorized.

SEC. 6009. SHINGLE CREEK BASIN, FLORIDA.

    The project for flood control, Central and Southern Florida 
Project, Shingle Creek Basin, Florida, authorized by section 203 of the 
Flood Control Act of 1962 (76 Stat. 1182), is not authorized.

SEC. 6010. BREVOORT, INDIANA.

    The project for flood control, Brevoort, Indiana, authorized under 
section 5 of the Flood Control Act of 1936 (49 Stat. 1587), is not 
authorized.

SEC. 6011. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

    The project for flood control, Middle Wabash, Greenfield Bayou, 
Indiana, authorized by section 10 of the Flood Control Act of 1946 (60 
Stat. 649), is not authorized.

SEC. 6012. LAKE GEORGE, HOBART, INDIANA.

    The project for flood damage reduction, Lake George, Hobart, 
Indiana, authorized by section 602 of the Water Resources Development 
Act of 1986 (100 Stat. 4148), is not authorized.

SEC. 6013. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.

    The project for flood damage reduction, 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)(1) of the Water 
Resources Development Act of 1992 (106 Stat. 4821), is not authorized.

SEC. 6014. MUSCATINE HARBOR, IOWA.

    The project for navigation at the Muscatine Harbor on the 
Mississippi River at Muscatine, Iowa, authorized by section 101 of the 
River and Harbor Act of 1950 (64 Stat. 166), is not authorized.

SEC. 6015. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL AREA, 
              KENTUCKY AND TENNESSEE.

    The project for recreation facilities at Big South Fork National 
River and Recreational Area, Kentucky and Tennessee, authorized by 
section 108 of the Water Resources Development Act of 1974 (88 Stat. 
43), is not authorized.

SEC. 6016. EAGLE CREEK LAKE, KENTUCKY.

    The project for flood control and water supply, Eagle Creek Lake, 
Kentucky, authorized by section 203 of the Flood Control Act of 1962 
(76 Stat. 1188), is not authorized.

SEC. 6017. HAZARD, KENTUCKY.

    The project for flood damage reduction, Hazard, Kentucky, 
authorized by section 3 of the Water Resources Development Act of 1988 
(102 Stat. 4014) and section 108 of the Water Resources Development Act 
of 1990 (104 Stat. 4621), is not authorized.

SEC. 6018. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

    The project for flood control, West Kentucky Tributaries, Kentucky, 
authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 
1081), section 201 of the Flood Control Act of 1970 (84 Stat. 1825), 
and section 401(b) of the Water Resources Development Act of 1986 (100 
Stat. 4129), is not authorized.

SEC. 6019. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

    The project for flood damage reduction, Bayou Cocodrie and 
Tributaries, Louisiana, authorized by section 3 of the 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 (55 Stat. 644), and section 1(a) of the Water 
Resources Development Act of 1974 (88 Stat. 12), is not authorized.

SEC. 6020. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.

    The uncompleted portions of the project for navigation improvement 
for Bayou LaFourche and LaFourche Jump, Louisiana, authorized by the 
Act of August 30, 1935 (49 Stat. 1033, chapter 831) and the River and 
Harbor Act of 1960 (74 Stat. 481), are not authorized.

SEC. 6021. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES PARISHES, 
              LOUISIANA.

    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), is not authorized.

SEC. 6022. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.

    The project for erosion protection and recreation, Fort Livingston, 
Grande Terre Island, Louisiana, authorized by the Act of August 13, 
1946 (commonly known as the ``Flood Control Act of 1946'') (33 U.S.C. 
426e et seq.), is not authorized.

SEC. 6023. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF MENTEUR, 
              LOUISIANA.

    The project for the construction of bulkheads and jetties at Lake 
Borgne and Chef Menteur, Louisiana, as part of the Gulf Intercoastal 
Waterway authorized by the first section of the River and Harbor Act of 
1946 (60 Stat. 635) is not authorized.

SEC. 6024. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO DAINGERFIELD, 
              TEXAS.

    The project for the Red River Waterway, Shreveport, Louisiana to 
Daingerfield, Texas, authorized by section 101 of the River and Harbor 
Act of 1968 (82 Stat. 731), is not authorized.

SEC. 6025. CASCO BAY, PORTLAND, MAINE.

    The project for environmental infrastructure, Casco Bay in the 
Vicinity of Portland, Maine, authorized by section 307 of the Water 
Resources Development Act of 1992 (106 Stat. 4841), is not authorized.

SEC. 6026. NORTHEAST HARBOR, MAINE.

    The project for navigation, Northeast Harbor, Maine, authorized by 
section 2 of the Act of March 2, 1945 (59 Stat. 12, chapter 19), is not 
authorized.

SEC. 6027. PENOBSCOT RIVER, BANGOR, MAINE.

    The project for environmental infrastructure, Penobscot River in 
the Vicinity of Bangor, Maine, authorized by section 307 of the Water 
Resources Development Act of 1992 (106 Stat. 4841), is not authorized.

SEC. 6028. SAINT JOHN RIVER BASIN, MAINE.

    The project for research and demonstration program of cropland 
irrigation and soil conservation techniques, Saint John River Basin, 
Maine, authorized by section 1108 of the Water Resources Development 
Act of 1986 (106 Stat. 4230), is not authorized.

SEC. 6029. TENANTS HARBOR, MAINE.

    The project for navigation, Tenants Harbor, Maine, authorized by 
the first section of the Act of March 2, 1919 (40 Stat. 1275, chapter 
95), is not authorized.

SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN.

    The project for navigation, Grand Haven Harbor, Michigan, 
authorized by section 202(a) of the Water Resources Development Act of 
1986 (100 Stat. 4093), is not authorized.

SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI.

    The project for navigation, Greenville Harbor, Mississippi, 
authorized by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4142), is not authorized.

SEC. 6032. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION CONTROL, 
              NEBRASKA.

    The project for flood damage reduction, Platte River Flood and 
Related Streambank Erosion Control, Nebraska, authorized by section 603 
of the Water Resources Development Act of 1986 (100 Stat. 4149), is not 
authorized.

SEC. 6033. EPPING, NEW HAMPSHIRE.

    The project for environmental infrastructure, Epping, New 
Hampshire, authorized by section 219(c)(6) of the Water Resources 
Development Act of 1992 (106 Stat. 4835), is not authorized.

SEC. 6034. MANCHESTER, NEW HAMPSHIRE.

    The project for environmental infrastructure, Manchester, New 
Hampshire, authorized by section 219(c)(7) of the Water Resources 
Development Act of 1992 (106 Stat. 4836), is not authorized.

SEC. 6035. NEW YORK HARBOR AND ADJACENT CHANNELS, CLAREMONT TERMINAL, 
              JERSEY CITY, NEW JERSEY.

    The project for navigation, New York Harbor and adjacent channels, 
Claremont Terminal, Jersey City, New Jersey, authorized by section 
202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098), 
is not authorized.

SEC. 6036. EISENHOWER AND SNELL LOCKS, NEW YORK.

    The project for navigation, Eisenhower and Snell Locks, New York, 
authorized by section 1163 of the Water Resources Development Act of 
1986 (100 Stat. 4258), is not authorized.

SEC. 6037. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

    The project for navigation, Olcott Harbor, Lake Ontario, New York, 
authorized by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4143), is not authorized.

SEC. 6038. OUTER HARBOR, BUFFALO, NEW YORK.

    The project for navigation, Outer Harbor, Buffalo, New York, 
authorized by section 110 of the Water Resources Development Act of 
1992 (106 Stat. 4817), is not authorized.

SEC. 6039. SUGAR CREEK BASIN, NORTH CAROLINA AND SOUTH CAROLINA.

    The project for flood damage reduction, Sugar Creek Basin, North 
Carolina and South Carolina, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4121), is not authorized.

SEC. 6040. CLEVELAND HARBOR 1958 ACT, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion), 
Ohio, authorized by section 101 of the River and Harbor Act of 1958 (72 
Stat. 299), is not authorized.

SEC. 6041. CLEVELAND HARBOR 1960 ACT, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion), 
Ohio, authorized by section 101 of the River and Harbor Act of 1960 (74 
Stat. 482), is not authorized.

SEC. 6042. CLEVELAND HARBOR, UNCOMPLETED PORTION OF CUT #4, OHIO.

    The project for navigation, Cleveland Harbor (Uncompleted Portion 
of Cut #4), Ohio, authorized by the first section of the Act of July 
24, 1946 (60 Stat. 636, chapter 595), is not authorized.

SEC. 6043. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAMMOND, OREGON.

    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), is not authorized.

SEC. 6044. CHARTIERS CREEK, CANNONSBURG (HOUSTON REACH UNIT 2B), 
              PENNSYLVANIA.

    The project for flood control, Chartiers Creek, Cannonsburg 
(Houston Reach Unit 2B), Pennsylvania, authorized by section 204 of the 
Flood Control Act of 1965 (79 Stat. 1081), is not authorized.

SEC. 6045. SCHUYLKILL RIVER, PENNSYLVANIA.

    The project for navigation, Schuylkill River (Mouth to Penrose 
Avenue), Pennsylvania, authorized by section 3(a)(12) of the Water 
Resources Development Act of 1988 (102 Stat. 4013), is not authorized.

SEC. 6046. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

    The project for flood control and recreation, Tioga-Hammond Lakes, 
Mill Creek Recreation, Pennsylvania, authorized by section 203 of the 
Flood Control Act of 1958 (72 Stat. 313), is not authorized.

SEC. 6047. TAMAQUA, PENNSYLVANIA.

    The project for flood control, Tamaqua, Pennsylvania, authorized by 
section 1(a) of the Water Resources Development Act of 1974 (88 Stat. 
14), is not authorized.

SEC. 6048. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE ISLAND.

    The project for navigation, Narragansett Town Beach, Narragansett, 
Rhode Island, authorized by section 361 of the Water Resources 
Development Act of 1992 (106 Stat. 4861), is not authorized.

SEC. 6049. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

    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), is not authorized.

SEC. 6050. ARROYO COLORADO, TEXAS.

    The project for flood damage reduction, Arroyo Colorado, Texas, 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 Stat. 4125), is not authorized.

SEC. 6051. CYPRESS CREEK-STRUCTURAL, TEXAS.

    The project for flood damage reduction, Cypress Creek-Structural, 
Texas, authorized by section 3(a)(13) of the Water Resources 
Development Act of 1988 (102 Stat. 4014), is not authorized.

SEC. 6052. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST FORK OF THE 
              TRINITY RIVER, TEXAS.

    The project for flood damage reduction, East Fork Channel 
Improvement, Increment 2, East Fork of the Trinity River, Texas, 
authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 
1185), is not authorized.

SEC. 6053. FALFURRIAS, TEXAS.

    The project for flood damage reduction, Falfurrias, Texas, 
authorized by section 3(a)(14) of the Water Resources Development Act 
of 1988 (102 Stat. 4014), is not authorized.

SEC. 6054. PECAN BAYOU LAKE, TEXAS.

    The project for flood control, Pecan Bayou Lake, Texas, authorized 
by section 203 of the Flood Control Act of 1968 (82 Stat. 742), is not 
authorized.

SEC. 6055. LAKE OF THE PINES, TEXAS.

    The project for navigation improvements affecting Lake of the 
Pines, Texas, for the portion of the Red River below Fulton, Arkansas, 
authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), as 
amended by the Act of July 24, 1946 (60 Stat. 635, chapter 595), the 
Act of May 17, 1950 (64 Stat. 163, chapter 188), and the River and 
Harbor Act of 1968 (82 Stat. 731), is not authorized.

SEC. 6056. TENNESSEE COLONY LAKE, TEXAS.

    The project for navigation, Tennessee Colony Lake, Trinity River, 
Texas, authorized by section 204 of the River and Harbor Act of 1965 
(79 Stat. 1091), is not authorized.

SEC. 6057. CITY WATERWAY, TACOMA, WASHINGTON.

    The portion of the project for navigation, City Waterway, Tacoma, 
Washington, authorized by the first section of the 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, is not authorized.

SEC. 6058. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

    The project for bank erosion, Kanawha River, Charleston, West 
Virginia, authorized by section 603(f)(13) of the Water Resources 
Development Act of 1986 (100 Stat. 4153), is not authorized.
                                                        Calendar No. 93

109th CONGRESS

  1st Session

                                 S. 728

                          [Report No. 109-61]

_______________________________________________________________________

                                 A BILL

 To provide for the consideration 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.

_______________________________________________________________________

                             April 26, 2005

                        Reported with amendments