[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.

                                
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