[House Report 108-282]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-282
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 2557, WATER RESOURCES DEVELOPMENT
ACT OF 2003
_______
September 23, 2003.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings of Washington, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 375]
The Committee on Rules, having had under consideration
House Resolution 375, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2557, the
Water Resources and Development Act of 2003, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Transportation and Infrastructure.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Transportation and
Infrastructure now printed in the bill shall be considered as
an original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the committee amendment in the nature of a substitute.
The rule makes in order only those amendments printed in
this report. The rule provides that the amendments printed in
this report shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for a division
of the question in the House or in the Committee of the Whole.
The rule waives all points of order against the amendments
printed in this report.
Finally, the rule provides one motion to recommit with or
without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee Record Vote No. 198
Date: September 23, 2003.
Measure: H.R. 2557--Water Resources and Development Act of
2003.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Candice Miller which adds new language amending the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 to direct the Secretary to issue a regulation to prohibit
a vessel with a ballast water tank from entering the Great
Lakes if more than 5 percent of the tank contains ballast
water. Requires that the master of the vessels certify with the
Secretary before they depart the first lock in the St. Lawrence
Seaway than the vessel has complied with the requirements.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. Young: Manager's Amendment. Makes technical and
confirming changes to project-related provisions, and
authorizes or modifies additional projects brought to the
Committee's attention following Committee action, including:
Nine projects based on Reports of the Chief of Engineers:
Tanque Verde Creek, Arizona, project for environmental
restoration; Peroria Riverfront, Illinois, project for
environmental restoration; South River, New Jersey, project for
hurricane and storm damage reduction; Jacksonville Harbor,
Florida, project for navigation; Manasquan to Barneget Inlets,
New Jersey, project for hurricane and storm damage reduction;
Bel Marin Keys Unit V, California, project for environmental
restoration; Imperial Beach, California, project for storm
damage reduction; Centralia, Chehalis River, Washington,
project for flood damage reduction; Gwynns Falls, Maryland,
project for ecosystem restoration. Authorizes 5 small projects
and modifies 10 existing projects. Authorizes 3 small projects
for navigation. Authorizes 1 and modifies 1 small project for
improving the quality of the environment. Authorizes 1 and
modification of 1 small project for emergency streambank
protection. Modifies 2 navigation projects. Modifies 1 small
project for flood damage reduction. Modifies 3 flood control
projects. Deauthorizes portions of 2 navigation projects.
Authorizes 4 Corps of Engineers studies. (20 minutes)
2. Kind: Requires the Corps to (1) fully mitigate habitat
lost from the construction of Corps projects by replacing at a
minimum, each acre of damaged habitat with an equivalent or
superior acre of habitat; (2) complete at least 50 percent of
mitigation before construction begins, with the remainder to be
completed when project construction is complete (except for
those limited instances where that is not physically possible);
and (3) prepare detailed mitigation plans that have a high
likelihood of successfully replacing lost values and that
require monitoring to ensure success. (20 minutes)
3. Rohrabacher: Amends language which permits ports to
collect tonnage fees for local harbor purposes, by permitting
such fees to be collected on a per container basis and
permitting the funds collected to be used for security purposes
or for infrastructure projects within or outside the harbor
that are for transportation to, from, or through the harbor.
(20 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Young of Alaska, or His
Designee, Debatable for 20 Minutes
Page 8, line 7, before ``Except'' insert ``(a) Projects With
Chief's Reports.--''.
Page 8, before line 13, insert the following (and redesignate
subsequent paragraphs accordingly):
(1) Tanque verde creek, arizona.--The project for
environmental restoration, Tanque Verde Creek, Arizona:
Report of the Chief of Engineers, dated July 22, 2003,
at a total cost of $4,878,000, with an estimated
Federal cost of $3,170,700 and an estimated non-Federal
cost of $1,707,300.
Page 8, line 14, before ``The'' insert the following:
(A) In general.--
Page 9, after line 2, insert the following:
(B) Expediting bridge design and
construction.--The Secretary, in cooperation
with appropriate non-Federal interests, shall
immediately commence appropriate studies for,
and the design of, a permanent bridge
(including an evaluation of potential impacts
of bridge construction on traffic patterns and
identification of alternatives for mitigating
such impacts) and, upon execution of a cost-
sharing agreement with such non-Federal
interests, shall proceed to construction of the
bridge as soon as practicable; except that such
studies, design, and construction shall not
adversely affect the schedule of design or
construction of authorized projects for flood
damage reduction.
Page 9, after line 16, insert the following (and redesignate
subsequent paragraphs accordingly):
(4) Peoria riverfront, illinois.--The project for
environmental restoration, Peoria Riverfront, Illinois:
Report of the Chief of Engineers, dated July 28, 2003,
at a total cost of $15,182,000, with an estimated
Federal cost of $9,868,000 and an estimated non-Federal
cost of $5,314,000.
Page 9, line 21, strike ``Report'' and insert ``Reports''.
Page 9, line 22, before ``at'' insert ``and July 22, 2003,''.
Page 10, after line 12, insert the following (and redesignate
subsequent paragraphs accordingly):
(6) South river, new jersey.--The project for
hurricane and storm damage reduction and environmental
restoration, South River, New Jersey: Report of the
Chief of Engineers, dated July 22, 2003, at a total
cost of $103,268,000, with an estimated Federal cost of
$67,124,000 and an estimated non-Federal cost of
$36,144,000.
Page 11, after line 25, insert the following:
(b) Projects Subject to Final Report.--The following projects
for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, recommended in a final report of the Chief of
Engineers if a favorable report of the Chief is completed not
later than December 31, 2003:
(1) Bel marin keys unit v, california.--The project
for environmental restoration, Bel Marin Keys Unit V,
California, at a total cost of $133,600,000, with an
estimated Federal cost of $100,200,000 and an estimated
non-Federal cost of $33,400,000.
(2) Imperial beach, california.--The project for
storm damage reduction, Imperial Beach, California, at
a total cost of $11,922,000, with an estimated Federal
cost of $7,630,000 and an estimated non-Federal cost of
$4,292,000.
(3) Gwynns falls, maryland.--The project for
environmental restoration, Gwynns Falls, Maryland, at a
total cost of $14,660,000.
(4) Manasquan to barnegat inlets, new jersey.--The
project for hurricane and storm damage reduction,
Manasquan to Barnegat Inlets, New Jersey, at a total
cost of $60,649,000, with an estimated Federal cost of
$39,422,000 and an estimated non-Federal cost of
$21,227,000.
(5) Centralia, chehalias river, washington.--The
project for flood damage reduction, Centralia,
Chehalias River, Washington, at a total cost of
$86,872,000, with an estimated Federal cost of
$56,467,000 and an estimated non-Federal cost of
$30,405,000.
Page 15, after line 10, insert the following (and redesignate
subsequent paragraphs accordingly):
(3) Red lake falls, minnesota.--Project for emergency
streambank protection, Red Lake River, Red Lake Falls,
Minnesota.
Page 16, after line 5, insert the following (and redesignate
subsequent paragraphs accordingly):
(2) Palm beach harbor, florida.--Project for
navigation, Palm Beach Harbor, Florida.
Page 16, after line 7, insert the following (and redesignate
subsequent paragraphs accordingly):
(3) Mississippi river ship channel, louisiana.--
Project for navigation, Mississippi River Ship Channel,
Louisiana.
(4) Au sable river, michigan.--Project for
navigation, Au Sable River in the vicinity of Oscoda,
Michigan.
Page 23, strike lines 10 and 11.
Page 23, line 12, strike ``(C)'' and insert ``(B)''.
Page 23, line 12, strike ``Secretary of the Army''.
Page 23, line 14, strike ``district engineer'' and all that
follows through ``out'' on line 15.
Page 23, line 19, strike ``(D)'' and insert ``(C)''.
Page 23, line 21, strike ``liquidated''.
Page 24, lines 3 and 5, strike ``partnership''.
Page 24, line 3, after ``agreement'' insert ``under this
section''.
Page 24, line 15, strike ``liquidated''.
Page 25, strike line 7, and insert the following:
(d) Partnership and Cooperative Arrangements.--
(1) In general.--Agreements entered into under
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5(b)) shall further partnership and cooperative
arrangements with non-Federal interests and shall be
referred to as ``partnership agreements''.
Page 25, line 8, strike ``(1) To'' and insert ``(2)
References to''.
Page 25, line 14, strike ``(2) To'' and insert ``(3)
References to''.
Page 25, after line 18, insert the following:
(e) Entry of Agreement With District Engineer.--After January
1, 2005, the agreement required to be entered into under
section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) shall be entered into with the district engineer
for the district in which the project will be carried out,
unless, before that date, the Secretary issues policies and
guidelines for partnership agreements and delegates to the
district engineers, at a minimum--
(1) the authority to approve any policy in a
partnership agreement that has appeared in an agreement
previously approved by the Secretary;
(2) the authority to approve any policy in a
partnership agreement the specific terms of which are
dictated by law, or by a final feasibility study, final
environmental impact statement, or other final decision
document for a water resources development project;
(3) the authority to approve any partnership
agreement that complies with the policies and
guidelines issued by the Secretary; and
(4) the authority to sign any partnership agreement
for any water resources development project unless,
within 30 days of the date of authorization of the
project, the Secretary notifies the district engineer
in which the project will be carried out that the
Secretary wishes to retain the prerogative to sign the
partnership agreement for that project.
(f) Public Availability.--Not later than the 120th day
following the date of enactment of this Act, the Chief of
Engineers shall ensure that each district engineer has made
available on the Internet all partnership agreements entered
into under section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5(b)) within the preceding 10 years and all
partnership agreements for water resources development projects
currently being carried out in that district and shall make any
partnership agreements entered into after such date of
enactment available on the Internet within 7 days of the date
on which such agreement is entered into.
Page 36, line 19, strike ``conveyed to'' and all that follows
through the closing parenthesis mark on line 21 and insert
``owned by an Alaska Native Regional Corporation or an Alaska
Native Village Corporation (as those terms are defined in the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.))
or the Metlakatla Indian community.''
Page 74, after line 11, insert the following (and conform the
table of contents of the bill accordingly):
SEC. 2034. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) In General.--Notwithstanding section 2361 of title 10,
United States Code, the Secretary is authorized to provide
assistance through contracts, cooperative agreements, and
grants to--
(1) the University of Tennessee, Knoxville,
Tennessee, for establishment and operation of the
Southeastern Water Resources Institute to study
sustainable development and utilization of water
resources in the Southeastern United States; and
(2) Lewis and Clark Community College, Illinois, for
the Great Rivers National Research and Education Center
(including facilities that have been or will be
constructed at one or more locations in the vicinity of
the confluence of the Illinois River, the Missouri
River, and the Mississippi River), a collaborative
effort of Lewis and Clark Community College, the
University of Illinois, the Illinois Department of
Natural Resources and Environmental Sciences, and other
entities, for the study of river ecology, developing
watershed and river management strategies, and
educating students and the public on river issues.
(b) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out subsection (a)(1)
$5,000,000 and to carry out subsection (a)(2) $5,000,000. Such
sums shall remain available until expended.
Page 76, line 4, strike ``tatilek'' and insert ``tatitlek''.
Conform the table of contents of the bill accordingly.
Page 76, line 6, strike ``TATILEK'' and insert ``TATITLEK''.
Pages 79 and 80, move section 3012 (relating to Los Angeles
Harbor, Los Angeles, California) after section 3013 (relating
to Larkspur Ferry Channel, Larkspur, California). Redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly.
Page 87, after line 15, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 3028. JACKSONVILLE HARBOR, FLORIDA.
The project for navigation, Jacksonville Harbor, Florida,
authorized by section 101(a)(17) of the Water Resources
Development Act of 1999 (113 Stat. 276), is modified to
authorize the Secretary to extend the navigation features in
accordance with the Report of the Chief of Engineers, dated
July 22, 2003, at a total cost of $14,658,000, with an
estimated Federal cost of $9,636,000 and an estimated non-
Federal cost of $5,022,000.
Page 87, line 24, after ``project'' insert ``in accordance
with the feasibility report of October 2002''.
Page 87, line 24, strike ``$12,926,000'' and insert
``$12,632,200''.
Page 87, line 25, strike ``$6,547,000'' and insert
``$7,882,493''.
Page 88, line 1, strike ``$6,379,000'' and insert
``$4,749,707''.
Page 88, line 2, strike ``$925,000'' and insert
``$1,044,400''.
Page 88, line 4, strike ``$468,500'' and insert ``$651,706''.
Page 88, line 5, strike ``$456,500'' and insert ``$392,694''.
Pages 89 and 90, move section 3032 (relating to Miami Harbor,
Florida) after section 3029 (relating to Manatee Harbor,
Florida). Redesignate subsequent sections, and conform the
table of contents of the bill, accordingly.
Page 89, after line 25, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 3032. TAMPA HARBOR-CUT B, FLORIDA.
The project for navigation, Tampa Harbor, Florida, authorized
by section 101 of the River and Harbor Act of 1970 (84 Stat.
1818), is modified to authorize the Secretary to construct
passing lanes in an area approximately 3.5 miles long and
centered on Tampa Bay Cut B if the Secretary determines that
such improvements are necessary for navigation safety.
Page 90, line 8, before ``Federal'' insert ``a''.
Page 90, line 8, strike ``and'' and insert ``or''.
Page 90, line 9, strike ``agencies'' and insert ``agency''.
Page 91, after line 5, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 3034. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS.
(a) Ongoing Project.--The project for improvement of the
quality of the environment, Chicago Sanitary and Ship Canal,
Illinois, being carried out under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a) to provide
for a dispersal barrier for invasive species, is modified to
allow that Federal assistance made available through other
Federal agencies may be used toward payment of the non-Federal
share of the costs of the project.
(b) New Work.--The Secretary shall conduct a study of a
project for the improvement of the quality of the environment,
Chicago Sanitary and Ship Canal, Illinois, and if the Secretary
determines that the project is appropriate, shall carry out a
project under section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a), including upgrades or
improvements to the existing barrier for aquatic invasive
species. Federal assistance made available by other Federal
agencies may be used toward payment of the non-Federal share of
the cost of the project.
Page 100, line 23, before the period insert the following:
and to authorize the Secretary to carry out the project in
accordance with the report prepared by the non-Federal interest
if the Secretary determines that the report meets the
evaluation and design standards of the Corps of Engineers and
that the project is feasible
Page 109, line 4, after ``would'' insert ``not''.
Page 109, line 5, strike ``the same'' and insert ``a
lesser''.
Page 109, line 17, strike ``$18,000,000'' and insert
``$18,200,000''.
Page 118, after line 20, insert the following:
(1) to include as part of the project flood
protection works to reroute drainage to Raymondville
Drain constructed by the non-Federal interests in
Hidalgo County in the vicinity Edinburg, Texas, if the
Secretary determines that such work meets feasibility
requirements;
Page 118, line 21, strike ``(1)'' and insert ``(2)''.
Page 119, line 3, strike ``(2)'' and insert ``(3)''.
Page 119, line 5, after ``determination'' insert ``, within
180 days after the date of enactment of this Act,''.
Page 120, line 13, before ``construction'' insert ``design
and''.
Page 120, lines 14 and 15, strike ``before the date of the
partnership agreement''.
Page 123, line 25, insert before the period the following:
; 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
Page 127, after line 19, insert the following (and
redesignate subsequent paragraphs accordingly):
(4) Muscatine, iowa.--The Mississippi River at
Muscatine, Iowa project, authorized by section 101 of
the River and Harbor Act of 1950 (64 Stat. 164).
(5) Falmouth harbor, massachusetts.--The portion of
the project for navigation, Falmouth Harbor,
Massachusetts, authorized by section 101 of the River
and Harbor Act of 1948 (62 Stat. 1172), beginning at a
point along the eastern side of the inner harbor
N200,415.05, E845,307.98, thence running north 25
degrees 48 minutes 54.3 seconds east 160.24 feet to a
point N200,559.20, E845,377.76, thence running north 22
degrees 7 minutes 52.4 seconds east 596.82 feet to a
point N201,112.15, E845,602.60, thence running north 60
degrees 1 minute 0.3 seconds east 83.18 feet to a point
N201,153.72, E845,674.65, thence running south 24
degrees 56 minutes 43.4 seconds west 665.01 feet to a
point N200,550.75, E845,394.18 thence running south 32
degrees 25 minutes 29.0 seconds west 160.76 feet to the
point of origin.
Page 141, after line 3, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 4002. CHOCTAWHATCHEE, PEA, AND YELLOW RIVERS WATERSHED, ALABAMA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, environmental restoration, recreation, and water
supply in the Chactawhatchee, Pea, and Yellow Rivers watershed,
Alabama.
Page 142, after line 8, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 4007. NAPA RIVER, ST. HELENA, CALIFORNIA.
The Secretary shall conduct a comprehensive study of the Napa
River in the vicinity of St. Helena, California, for the
purposes of improving flood management through reconnecting the
river to its floodplain; restoring habitat, including riparian
and aquatic habitat; improving fish passage and water quality;
and restoring native plant communities. In conducting the
study, the Secretary shall review plans and designs developed
by non-Federal interests and shall incorporate such plans and
designs into the Federal study where the Secretary determines
that such plans and designs are consistent with the Federal
interest.
Page 144, after line 22, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 4015. FALL RIVER HARBOR, MASSACHUSETTS.
The Secretary shall conduct a study to determine the
feasibility of deepening that portion of the navigation channel
of the navigation project for Fall River Harbor, Massachusetts
and Rhode Island, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731), seaward of the Charles M.
Braga, Jr. Memorial Bridge, Fall River and Somerset,
Massachusetts.
Pages 144 and 145, move sections 4016 (relating to Chicago,
Illinois) and 4017 (relating to South Branch, Chicago River,
Chicago, Illinois) after section 4011 (relating to Calumet
Harbor, Illinois). Redesignate subsequent sections, and conform
the table of contents of the bill, accordingly.
Page 150, after line 25, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 4033. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature
and frequency of avian botulism problems in the vicinity of
Lake Erie associated with dredged material disposal sites and
shall make recommendations to eliminate the conditions that
result in such problems.
Page 154, after line 12, insert the following:
(20) Schuylkill River watershed, Pennsylvania.
Page 157, after line 22, insert the following (and
redesignate subsequent paragraphs accordingly):
(10) $25,000,000 for the project described in
subsection (c)(23);
Page 160, after line 25, insert the following:
(5) Project for environmental restoration, Gwynns
Falls, Maryland.
Page 161, line 1, after ``Special Rule'' insert ``for Egmont
Key, Florida''.
Page 161, after line 10, insert the following:
(d) Special Rule for Gwynns Falls, Maryland.--The report on
the project for environmental restoration at Gwynns Falls,
Maryland, referred to in subsection (a)(5), shall be treated as
being consistent and in compliance with the consent decree
entered into between the United States and the Mayor and City
Council of Baltimore, Maryland, filed with the United States
District Court for the District of Maryland on April 26, 2002,
and no policy of the Secretary with respect to work performed
under a consent decree shall delay completion of this report
and its submission to Congress.
Page 166, after line 7, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 5020. FORT YUKON, ALASKA.
The Secretary shall make repairs to the dike at Fort Yukon,
Alaska, so that the dike meets Corps of Engineers standards.
Page 167, after line 6, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 5023. HELENA AND VICINITY, ARKANSAS.
The Secretary shall accept as fulfilling the non-Federal cost
sharing responsibilities for the project for flood control,
Helena and Vicinity, Arkansas, authorized by section 401 of the
Water Resources Development Act of 1986 (100 Stat. 4112), the
non-Federal cash contribution of $568,000 and the lands,
easements, rights-of-way, relocations, and dredged material
disposal areas provided by the non-Federal sponsor as of
September 1, 2003, and the Secretary shall not seek to recover
any reimbursement from the non-Federal sponsor related to
advanced payments to, or work performed for, the non-Federal
sponsor under the authority of sections 103 and 104 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213, 2214).
Page 170, after line 16, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5029. PLACER AND EL DORADO COUNTIES, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in Placer and El Dorado Counties, California.
(b) Form of Assistance.--Assistance under this section may be
in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in Placer and
El Dorado Counties through water and wastewater projects,
programs, and infrastructure.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a
partnership agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered
into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
project costs under each partnership agreement
entered into under this subsection shall be 75
percent. The Federal share may be in the form
of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal
interests shall receive credit for the
reasonable cost of design work on a project
completed by the non-Federal interest before
entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay
in the funding of the non-Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way
credit.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of
project costs (including all reasonable costs
associated with obtaining permits necessary for
the construction, operation, and maintenance of
the project on publicly owned or controlled
land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(e) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(f) Nonprofit Entities.--Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b), for any
project undertaken under this section, a non-Federal interest
may include a nonprofit entity with the consent of the affected
local government.
(g) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer projects under this
section at 100 percent Federal expense.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000. Such
sums shall remain available until expended.
Page 170, lines 19 and 20, strike ``amended--'' and all that
follows through ``by'' on line 21 and insert ``amended by''.
Page 170, line 22, strike the semicolon and all that follows
through line 5 on page 171 and insert a period.
Page 175, after line 22, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5033. SAN PABLO BAY WATERSHED AND SUISUN MARSH ECOSYSTEM
RESTORATION.
(a) San Pablo Bay Watershed, California.--
(1) In general.--The Secretary shall complete work,
as expeditiously as possible, on the ongoing San Pablo
Bay watershed, California, study to determine the
feasibility of opportunities for restoring, preserving
and protecting the San Pablo Bay watershed.
(2) Report.--Not later than March 31, 2008, the
Secretary shall transmit to Congress a report on the
results of the study.
(c) Suisun Marsh, California.--The Secretary shall conduct a
comprehensive study to determine the feasibility of
opportunities for restoring, preserving and protecting the
Suisun Marsh, California.
(d) San Pablo and Suisun Bay Marsh Watershed Critical
Restoration Projects.--
(1) In general.--The Secretary may participate in
critical restoration projects that will produce,
consistent with Federal programs, projects, activities,
immediate and substantial ecosystem restoration,
preservation and protection benefits in the following
sub-watersheds of the San Pablo and Suisun Bay Marsh
watersheds:
(A) The tidal areas of the Petaluma River,
Napa-Sonoma Marsh.
(B) The shoreline of West Contra Costa
County.
(C) Novato Creek.
(D) Suisun Marsh.
(E) Gallinas-Miller Creek.
Participation in such critical restoration projects may
include assistance for planning, design or
construction.
(2) Non-federal interests.--Notwithstanding the
requirements of section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), a nonprofit entity may
serve, with the consent of the affected local
government, as a non-Federal sponsor for a project
undertaken pursuant to this section.
(3) Cost sharing.--Before carrying out any project
under this section, the Secretary shall enter into a
partnership agreement with the non-Federal interest
that shall require the non-Federal interest--
(A) to pay 35 percent of the cost of
construction for the project;
(B) to provide any lands, easements, rights-
of-way, dredged material disposal areas and
relocations necessary to carry out the project;
and
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and
rehabilitation costs associated with the
project.
(4) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of construction of a
project under this section--
(A) the value of any lands, easements,
rights-of-way, dredged material disposal areas,
or relocations provided for carrying out the
project, regardless of the date of acquisition;
(B) funds received from the CALFED Bay-Delta
program; and
(C) the cost of the studies, design and
construction work carried out by the non-
Federal interest before the date of execution
of a partnership agreement for the project if
the Secretary determines that the work is
integral to the project.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $40,000,000.
Page 176, after line 17, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5034. UPPER KLAMATH BASIN, CALIFORNIA.
(a) Definition of Upper Klamath Basin.--In this section, the
term ``Upper Klamath Basin'' means the counties of Klamath,
Oregon, and Siskiyou and Modoc, California.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in the Upper Klamath Basin.
(c) Form of Assistance.--Assistance under this section may be
in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in the Upper
Klamath Basin through water and wastewater and ecosystem
restoration projects, programs, and infrastructure.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a
partnership agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered
into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
project costs under each partnership agreement
entered into under this subsection shall be 75
percent. The Federal share may be in the form
of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal
interests shall receive credit for the
reasonable cost of design work on a project
completed by the non-Federal interest before
entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay
in the funding of the non-Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way
credit.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of
project costs (including all reasonable costs
associated with obtaining permits necessary for
the construction, operation, and maintenance of
the project on publicly owned or controlled
land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b), for any
project undertaken under this section, a non-Federal interest
may include a nonprofit entity with the consent of the affected
local government.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer projects under this
section at 100 percent Federal expense.
(i) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $25,000,000. Such
sums shall remain available until expended.
Page 181, after line 11, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5041. COOK COUNTY, ILLINOIS.
Section 219(f)(54) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 535; 114 Stat. 2763A-221) is
amended--
(1) by striking ``$35,000,000'' and inserting the
following:
``(A) In general.--$35,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit
toward the non-Federal share of the cost of the
project not to exceed $80,000 for the cost of
planning and design work carried out by the
non-Federal interest before, on, or after the
date of the partnership agreement for the
project if the Secretary determines that the
work is integral to the project.''; and
(3) by aligning the remainder of the text of
subparagraph (A) (as designated by paragraph (1) of
this section) with subparagraph (B) (as added by
paragraph (2) of this section).
Page 186, after line 20, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5045. SOUTHWEST ILLINOIS.
(a) Definition of Southwest Illinois.--In this section, the
term ``Southwest Illinois'' means the counties of Madison, St.
Clair, Monroe, Randolph, Perry, Franklin, Jackson, Union,
Alexander, Pulaski, and Williamson, Illinois.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in Southwest Illinois.
(c) Form of Assistance.--Assistance under this section may be
in the form of design and construction assistance for water-
related environmental infrastructure and resource protection
and development projects in Southwest Illinois, including
projects for wastewater treatment and related facilities, water
supply and related facilities, and surface water resource
protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a
partnership agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered
into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
project costs under each partnership agreement
entered into under this subsection shall be 75
percent. The Federal share may be in the form
of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal
interests shall receive credit for the
reasonable cost of design work on a project
completed by the non-Federal interest before
entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay
in the funding of the non-Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way
credit.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of
project costs (including all reasonable costs
associated with obtaining permits necessary for
the construction, operation, and maintenance of
the project on publicly owned or controlled
land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b), for any
project undertaken under this section, a non-Federal interest
may include a nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer projects under this
section at 100 percent Federal expense.
(i) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000. Such
sums shall remain available until expended.
Page 197, after line 20, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5053. LAKE PONTCHARTRAIN, LOUISIANA.
For purposes of carrying out section 121 of the Federal Water
Pollution Control Act (33 U.S.C. 1271), the Lake Pontchartrain,
Louisiana, basin stakeholders conference convened by the
Environmental Protection Agency, the National Oceanic and
Atmospheric Administration, and United States Geological Survey
on February 25, 2002, shall be treated as being a management
conference convened under section 320 of such Act (33 U.S.C.
1330).
Page 199, after line 22, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5059. CROOKSTON, MINNESOTA.
The Secretary shall conduct a study for a project for
emergency streambank protection in the vicinity of Highway 2,
Crookston, Minnesota, and, if the Secretary determines that the
project is feasible, may carry out the project under section 14
of the Flood Control Act of 1946 (33 U.S.C. 701r); except that
the maximum amount of Federal funds that may be expended for
the project shall be $6,500,000.
Page 203, after line 8, insert the following (and redesignate
subsequent sections of the bill, and conform the table of
contents of the bill, accordingly):
SEC. 5065. DELAWARE RIVER, TRENTON, NEW JERSEY.
The Secretary shall provide assistance to address floating
and partially submerged debris in that portion of the Delaware
River downstream from Trenton, New Jersey.
Page 206, after line 20, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5069. GATEWAY POINT, NORTH TONAWANDA, NEW YORK.
The Secretary shall review the shoreline stabilization,
recreation, and public access components of the feasibility
report for waterfront development at Gateway Point, North
Tonawanda, New York, entitled ``City of North Tonawanda,
Gateway Point Feasibility'', dated February 6, 2003, and
prepared by the non-Federal interest and, if the Secretary
determines that those components meet the evaluation and design
standards of the Corps of Engineers and that the components are
feasible, may carry out the components at a Federal cost not to
exceed $3,300,000.
Page 207, after line 18, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5071. TIMES BEACH DIKE, BUFFALO, NEW YORK.
As part of operation and maintenance of the Buffalo Harbor
and Buffalo River navigation projects, the Secretary may repair
the Times Beach confined disposal facility dike, Buffalo, New
York.
Page 217, after line 13, insert the following (and
redesignate subsequent sections, and conform the table of
contents of the bill, accordingly):
SEC. 5092. J. PERCY PRIEST DAM AND RESERVOIR, OHIO RIVER BASIN,
TENNESSEE.
The Secretary shall plan, design and construct upgrades to
the existing trail system at the J. Percy Priest Dam and
Reservoir, Ohio River Basin, Tennessee, authorized by section 4
of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control,
and for other purposes'', approved June 28, 1938 (52 Stat.
1217), including design and construction of support facilities
for public health and safety associated with trail development.
In carrying out such improvements, the Secretary is authorized
to use funds made available by the State of Tennessee from any
Federal or State source, or both.
Page 218, after line 8, insert the following (and redesignate
subsequent sections, and conform the table of contents of the
bill, accordingly):
SEC. 5094. EAST TENNESSEE.
(a) Definition of East Tennessee.--In this section, the term
``East Tennessee'' means the counties of Blount, Knox, Loudon,
McMinn, Monroe, and Sevier, Tennessee.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in East Tennessee.
(c) Form of Assistance.--Assistance under this section may be
in the form of design and construction assistance for water-
related environmental infrastructure and resource protection
and development projects in East Tennessee, including projects
for wastewater treatment and related facilities, water supply
and related facilities, and surface water resource protection
and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a
partnership agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered
into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
project costs under each partnership agreement
entered into under this subsection shall be 75
percent. The Federal share may be in the form
of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal
interests shall receive credit for the
reasonable cost of design work on a project
completed by the non-Federal interest before
entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay
in the funding of the non-Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way
credit.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of
project costs (including all reasonable costs
associated with obtaining permits necessary for
the construction, operation, and maintenance of
the project on publicly owned or controlled
land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b), for any
project undertaken under this section, a non-Federal interest
may include a nonprofit entity with the consent of the affected
local government.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer projects under this
section at 100 percent Federal expense.
(i) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000. Such
sums shall remain available until expended.
Page 230, line 23, strike ``$20,000,000'' and insert
``$30,000,000''.
Page 230, line 24, strike ``1001(1)'' and insert
``1001(a)(1)''.
Page 234, line 17, strike the closing quotation marks and the
final period.
Page 234, after line 17, insert the following:
``(96) Placer and el dorado counties, california.--
$35,000,000 to improve the efficiency and use of
existing water supplies in Placer and El Dorado
Counties, California, through water and wastewater
projects, programs, and infrastructure.
``(97) Arcadia and sierra madre, california.--
$20,000,000 for water-related infrastructure, Arcadia
and Sierra Madre, California.
``(98) El paso county, texas.--$25,000,000 for water-
related infrastructure and resource protection and
development, El Paso County, Texas.
``(99) Atlanta, georgia.--$35,000,000 for
implementation of a sanitary sewer overflow control
plan, Atlanta, Georgia.
``(100) Chattahoochee river, georgia.--$20,000,000
for implementation of wastewater infrastructure and
resource protection to enhance water quality in and
adjacent to the Chattahoochee River, Georgia.
``(101) Lassen, plumas, butte, sierra, and nevada
counties, california.--$25,000,000 to improve the
efficiency and use of existing water supplies in the
counties of Lassen, Plumas, Butte, Sierra, and Nevada,
California, through water and waste water projects,
programs, and infrastructure.
``(102) Imperial county, california.--$10,000,000 for
wastewater infrastructure to improve water quality in
the New River, Imperial County, California.
``(103) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for
the Contra Costa Water District, California.''.
Page 235, after line 12, insert the following (and conform
the table of contents of the bill accordingly):
SEC. 5115. WAGE SURVEYS.
Employees of the United States Army Corps of Engineers who
are paid wages determined under the last undesignated paragraph
under the heading ``Administrative Provisions'' of chapter V of
the Supplemental Appropriations Act, 1982 (5 U.S.C. 5343 note;
96 Stat. 832) shall be allowed, through appropriate employee
organization representatives, to participate in wage surveys
under such paragraph to the same extent as are prevailing rate
employees under subsection (c)(2) of section 5343 of title 5,
United States Code. Nothing in such section 5343 shall be
considered to affect which agencies are to be surveyed under
such paragraph.
SEC. 5116. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of Congress that, to the
extent practicable, all equipment and products purchased with
funds made available under this Act should be American made.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary, to the
greatest extent practicable, shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a).
----------
2. An Amendment To Be Offered by Representative Kind of Wisconsin, or
His Designee, Debatable for 20 Minutes
Page 56, strike lines 8 through 22 and insert the following:
``(3) Completion of mitigation.--To ensure concurrent
mitigation, the Secretary shall implement at least 50
percent of required mitigation before beginning project
construction and shall implement the remainder of
required mitigation as expeditiously as practical, but
not later than--
``(A) the last day of construction of the
project or separable element of the project; or
``(B) in those instances in which it is not
technically practicable to complete mitigation
concurrent with the last day of project
construction because of the nature of the
mitigation to be undertaken, 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) Full Mitigation Plan Contents.--Section 906(d) of such
Act (33 U.S.C. 2283(d)) is amended--
(1) in the first sentence of paragraph (1)(A)--
(A) by inserting after ``Congress'' the
following: ``, and shall not choose a project
alternative in any final record of decision,
environmental impact statement, or
environmental assessment,'';
(B) by striking ``a recommendation with'';
and
(C) by inserting ``fully'' before
``mitigate''; and
(2) by adding at the end the following:
``(3) Standards for mitigation.--
``(A) In general.--To fully mitigate fish and
wildlife impacts, the Secretary shall develop
and implement mitigation plans under paragraph
(1) that will--
``(i) acquire and restore at least
one acre of superior or equivalent
habitat of the same type to replace
each acre of habitat negatively
affected by the project; and
``(ii) implement additional
activities necessary to ensure that
mitigation will result in replacement
of all functions of the habitat
negatively affected by the project,
including spatial distribution and
natural hydrologic and ecological
characteristics.
``(B) Probability of success.--A mitigation
plan submitted by the Secretary under paragraph
(1) shall have a high probability of
successfully mitigating the adverse impacts of
the project on aquatic and other resources,
hydrologic functions, and fish and wildlife.
``(4) Mitigation plan contents.--A mitigation plan
shall include--''.
Page 57, line 15, strike ``any necessary''.
Page 57, line 20, strike ``(4)'' and insert ``(5)''.
----------
3. An Amendment To Be Offered by Representative Rohrabacher of
California, or His Designee, Debatable for 20 Minutes
Page 74, after line 11, insert the following:
SEC. 2034. PORT OR HARBOR DUES.
Section 208(a) of Water Resources Development Act of 1986 (33
U.S.C. 2236(a)) is amended--
(1) by inserting ``or container fees'' after
``tonnage duties or fees'';
(2) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause
(i);
(B) by striking ``and'' at the end of clause
(ii) and inserting ``or''; and
(C) by inserting after clause (ii) the
following:
``(iii) to finance the cost of construction
and operation and maintenance of any
infrastructure project for a harbor, including
an infrastructure project outside the
boundaries of the harbor if the project is for
transportation to, from, or through the harbor;
and''; and
(3) in paragraph (1)(B) by inserting ``and security''
after ``emergency response''.
Conform the table of contents of the bill accordingly.