[House Report 109-160]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-160

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 2864, WATER RESOURCES DEVELOPMENT 
                              ACT OF 2005

                                _______
                                

   June 29, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Capito, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 346]

    The Committee on Rules, having had under consideration 
House Resolution 346, by a non-record 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. 2864, the 
Water Resources and Development Act of 2005, 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 waives all points of order against consideration 
of the bill. 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. 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 
the report may 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.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waivers of all points of order 
are prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Young (AK): Manager's amendment. Makes technical and 
conforming changes to project-related provisions, and 
authorizes or modifies additional projects brought to the 
Committee's attention following Committee action, including: 
Six projects based on Reports of the Chief of Engineers: Des 
Moines/Raccoon Rivers, Iowa, project for flood damage 
reduction; Port of Iberia, Louisiana, project for navigation; 
Raritan and Sandy Hook Bays, Union Beach, New Jersey, project 
for hurricane and storm damage reduction; Hocking River, Monday 
Creek Sub-basin, Ohio, project for environmental restoration; 
Pawley's Island, South Carolina, project for hurricane and 
storm damage reduction; Picayune Strand, Florida, project for 
environmental restoration. Authorization of 8 projects or 
programs and modification of 7 existing projects or programs: 
authorization of 2 small projects for flood damage reduction 
and modification of 3 flood damage reduction projects; 
authorization of 2 small projects for emergency streambank 
protection; modification of 3 navigation projects; 
authorization of 4 environmental restoration programs and 
modification of 1 environmental restoration program; 
authorization of 4 Corps of Engineers studies and modification 
of 2 studies; authorization of 1 land transfer for a navigation 
project; modification of 3 programs related to water resources 
management; and authorization or modification of projects 
related to water resources development. (10 minutes)
    2. Menendez: Provides an authorization for the 
environmental restoration project in Liberty State Park, New 
Jersey, contingent on a favorable Chief's report being issued 
for the project prior to December 31 of this year. The federal 
share would be $20.8 million, and the local share would be 
$11.2 million. (10 minutes)
    3. Stupak: Directs the Secretary of the Army Corps to 
budget and request appropriations for operation and maintenance 
of harbor dredging projects based only upon criteria used for 
such projects in FY04. (10 minutes)
    4. Rohrabacher: Allows U.S. ports to levy a container or 
tonnage fee on imports. To the extent this authority is used, 
it will shift the funding burden from American taxpayers to the 
foreign entities that use U.S. ports. The fees collected by the 
ports under this measure may only be spent on infrastructure 
and security related to the port that levies the fee. (10 
minutes)
    5. Davis (IL): Defines the sections of the North Branch 
Canal portion of the Chicago River between Kinzie and Fulton 
streets as non-navigable. (10 minutes)
    6. Flake/Blumenauer: Amends the Mississippi River-Illinois 
Water Way Project, allowing construction of locks and dams to 
proceed only if 35 million tons of commodities are processed on 
average for 2007-2009 and requiring the implementation of an 
appointment system to schedule and prioritize barge traffic, a 
notification report, and a re-evaluation report. (10 minutes)
    7. Kind: Adds a new provision requiring the Secretary to 
make an annual report to Congress on whether the lock and dam 
construction and ecosystem restoration projects are being 
carried out at comparable rates. Inserts the words, ``or 
Congress'' to clarify that Congress will share the authority 
with the Secretary in determining if the projects are moving 
forward at a comparable rate and adjust the annual funding 
accordingly. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Young of Alaska, or His 
                Designee, To Be Debatable for 10 Minutes

  Page 11, line 7, insert ``(a) Projects With Chief's Report.--
'' before ``Except as''.
  Page 12, line 16, strike ``shily''' and insert ``shly'''.
  Page 12, line 18, strike ``Shily' '' and insert ``Shly' ''.
  Page 21, after line 21, 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, 2005:
          (1) Des moines/raccoon rivers, iowa.-- The project 
        for flood damage reduction, Des Moines/Raccoon Rivers, 
        Iowa, at a total cost of $10,000,000, with an estimated 
        Federal cost of $6,500,000 and an estimated non-Federal 
        cost of $3,500,000.
          (2) Port of iberia, louisiana.--The project for 
        navigation, Port of Iberia, Louisiana, at a total cost 
        of $194,000,000, with an estimated Federal cost of 
        $123,000,000 and an estimated non-Federal cost of 
        $71,000,000.
          (3) Raritan and sandy hook bays, union beach, new 
        jersey.--The project for hurricane and storm damage 
        reduction, Raritan and Sandy Hook Bays, Union Beach, 
        New Jersey, at a total cost of $99,095,000, with an 
        estimated Federal cost of $64,412,000 and an estimated 
        non-Federal cost of $34,683,000.
          (4) Hocking river, monday creek sub-basin, ohio.--The 
        project for environmental restoration, Hocking River, 
        Monday Creek Sub-basin, Ohio, at a total cost of 
        $20,000,000, with an estimated Federal cost of 
        $17,000,000 and an estimated non-Federal cost of 
        $3,000,000.
          (5) Pawley's island, south carolina.--The project for 
        hurricane and storm damage reduction, Pawley's Island, 
        South Carolina, at a total cost of $8,813,000, with an 
        estimated Federal cost of $4,133,000 and an estimated 
        non-Federal cost of $4,680,000.
  Page 23, strike lines 9 through 13 and redesignate subsequent 
paragraphs accordingly.
  Page 24, after line 18, insert the following:
          (25) Dry and otter creeks, cortland, new york.--
        Project for flood damage reduction, Dry and Otter 
        Creeks, Cortland, New York.
  Page 27, line 8, strike ``(a)(21)'' and insert ``(a)(19)''.
  Page 27, line 19, strike ``(a)(18)'' and insert ``(a)(16)''.
  Page 28, line 1, strike ``(a)(35)'' and insert ``(a)(34)''.
  Page 29, after line 17, insert the following:
          (10) Dry and otter creeks, cortland county, new 
        york.--Project for emergency streambank protection, Dry 
        and Otter Creeks, Cortland County, New York.
  Page 29, after line 24, insert the following:
          (12) Owego creek, tioga county, new york.--Project 
        for emergency streambank protection, Owego Creek, Tioga 
        County, New York.
  Page 40, line 1, after the second comma, insert ``Shore 
Parkway Greenway,''.
  Page 83, strike line 20 and all that follows through line 18 
on page 85 and insert the following:
  (a) Determination of Certain National Benefits.--
          (1) Sense of congress.--It is the sense of Congress 
        that, consistent with the Economic and Environmental 
        Principles and Guidelines for Water and Related Land 
        Resources Implementation Studies (1983), the Secretary 
        may select a water resources project alternative that 
        does not maximize net national economic development 
        benefits or net national ecosystem restoration benefits 
        if there is an overriding reason based on other 
        Federal, State, local, or international concerns.
          (2) Flood damage reduction, navigation, and hurricane 
        storm damage reduction projects.--With respect to a 
        water resources project the primary purpose of which is 
        flood damage reduction, navigation, or hurricane and 
        storm damage reduction, an overriding reason for 
        selecting a plan other than the plan that maximizes net 
        national economic development benefits may be if the 
        Secretary determines, and the non-Federal interest 
        concurs, that an alternative plan is feasible and 
        achieves the project purposes while providing greater 
        ecosystem restoration benefits.
          (3) Ecosystem restoration projects.--With respect to 
        a water resources project the primary purpose of which 
        is ecosystem restoration, an overriding reason for 
        selecting a plan other than the plan that maximizes net 
        national ecosystem restoration benefits may be if the 
        Secretary determines, and the non-Federal interest 
        concurs, that an alternative plan is feasible and 
        achieves the project purposes while providing greater 
        economic development benefits.
  Page 110, after line 20, insert the following:

SECTION 2041. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

  (a) In General.--Notwithstanding section 2361 of title 10, 
United States Code, the Secretary is authorized to provide 
assistance through contracts, cooperative agreements, and 
grants to--
          (1) the University of Tennessee, Knoxville, 
        Tennessee, for establishment and operation of the 
        Southeastern Water Resources Institute to study 
        sustainable development and utilization of water 
        resources in the southeastern United States;
          (2) Lewis and Clark Community College, Illinois, for 
        the Great Rivers National Research and Education Center 
        (including facilities that have been or will be 
        constructed at one or more locations in the vicinity of 
        the confluence of the Illinois River, the Missouri 
        River, and the Mississippi River), a collaborative 
        effort of Lewis and Clark Community College, the 
        University of Illinois, the Illinois Department of 
        Natural Resources and Environmental Sciences, and other 
        entities, for the study of river ecology, developing 
        watershed and river management strategies, and 
        educating students and the public on river issues; and
          (3) the University of Texas at Dallas for support and 
        operation of the International Center for Decision and 
        Risk Analysis to study risk analysis and control 
        methods for transboundary water resources management in 
        the southwestern United States and other international 
        water resources management problems.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to carry out subsection (a)(1) 
$5,000,000, to carry out subsection (a)(2) $5,000,000, and to 
carry out subsection (a)(3) $5,000,000. Such sums shall remain 
available until expended.
  Page 110, after line 22, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 3001. COOK INLET, ALASKA.

  Section 118(a)(2) of the Energy and Water Development 
Appropriations Act, 2005 (title I of division C of the 
Consolidated Appropriations Act, 2005; 118 Stat. 2945) is 
amended--
          (1) by inserting ``maximum navigational'' before 
        ``draft'';
          (2) by striking ``greater than''; and
          (3) by inserting ``or greater'' after ``35 feet''.
  Page 125, after line 23, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 3032. SOUTH PLATTE RIVER BASIN, COLORADO.

  Section 808 of the Water Resources Development Act of 1986 
(100 Stat. 4168) is amended by striking ``agriculture,'' and 
inserting ``agriculture, environmental restoration,''.
  Page 130, line 17, strike ``costs it'' and insert ``the 
Federal share of the costs the non-Federal interest''.
  Page 130, line 18, after ``project'' insert ``(including 
environmental mitigation costs and costs incurred for 
incomplete usable increments of the project)''.
  Page 134, strike lines 10 through 22 and insert the 
following:

SEC. 3046. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN, ILLINOIS.

  (a) In General.--The project for navigation, Muscooten Bay, 
Illinois River, Beardstown Community Boat Harbor, Beardstown, 
Illinois, constructed under section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577), is modified--
          (1) to include the channel between the harbor and the 
        Illinois River; and
          (2) to direct the Secretary to enter into a 
        partnership agreement with the city of Beardstown to 
        replace the local cooperation agreement dated August 
        18, 1983, with the Beardstown Community Park District.
  (b) Terms of Partnership Agreement.--The partnership 
agreement referred to in subsection (a) shall include the same 
rights and responsibilities as the local cooperation agreement 
dated August 18, 1983, changing only the identity of the non-
Federal sponsor.
  Page 134, line 23, strike ``(b)'' and insert ``(c)''.
  Page 159, strike section 3093 and insert the following:

SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK.

  Section 554 of the Water Resources Development Act of 1996 
(110 Stat. 3781) is amended by striking ``maximum Federal cost 
of $5,200,000'' and inserting ``total cost of $20,000,000''.
  Page 190, after line 8, insert the following (and redesignate 
subsequent subsections accordingly):
  (c) Calcasieu Ship Channel, Louisiana.--
          (1) In general.--At such time as Pujo Heirs and 
        Westland Corporation conveys all right, title, and 
        interest in and to the real property described in 
        paragraph (2)(A) to the United States, the Secretary 
        shall convey all right, title, and interest of the 
        United States in and to the real property described in 
        paragraph (2)(B) to Pujo Heirs and Westland 
        Corporation.
          (2) Land description.--The parcels of land referred 
        to in paragraph (1) are the following:
                  (A) Non-federal land.--An equivalent area to 
                the real property described in subparagraph 
                (B). The parcels that may be exchanged include 
                Tract 128E, Tract 129E, Tract 131E, Tract 41A, 
                Tract 42, Tract 132E, Tract 130E, Tract 134E, 
                Tract 133E-3, Tract 140E, or some combination 
                thereof.
                  (B) Federal land.--An area in Cameron Parish, 
                Louisiana, known as portions of Government 
                Tract Numbers 139E-2 and 48 (both tracts on the 
                west shore of the Calcasieu Ship Channel), and 
                known as Corps of Engineers Dredge Material 
                Placement Area O.
          (3) Conditions.--The exchange of real property under 
        paragraph (1) shall be subject to the following 
        conditions:
                  (A) Deeds.--
                          (i) Non-federal land.--The conveyance 
                        of the real property described in 
                        paragraph (2)(A) to the Secretary shall 
                        be by a warranty deed acceptable to the 
                        Secretary.
                          (ii) Federal land.--The conveyance of 
                        the real property described in 
                        paragraph (2)(B) to Pujo Heirs and 
                        Westland Corporation shall be by 
                        quitclaim deed.
                  (B) Time limit for exchange.--The land 
                exchange under paragraph (1) shall be completed 
                not later than 1 year after the date of 
                enactment of this Act.
          (4) Value of properties.--If the appraised fair 
        market value, as determined by the Secretary, of the 
        real property conveyed to Pujo Heirs and Westland 
        Corporation by the Secretary under paragraph (1) 
        exceeds the appraised fair market value, as determined 
        by the Secretary, of the real property conveyed to the 
        United States by Pujo Heirs and Westland Corporation 
        under paragraph (1), Pujo Heirs and Westland 
        Corporation shall make a payment to the United States 
        equal to the excess in cash or a cash equivalent that 
        is satisfactory to the Secretary.
  Page 201, after line 24, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 4005. DELAWARE RIVER.

  The Secretary shall review, in consultation with the Delaware 
River Basin Commission and the States of Delaware, 
Pennsylvania, New Jersey, and New York, the report of the Chief 
of Engineers on the Delaware River, published as House Document 
Numbered 522, 87th Congress, Second Session, as it relates to 
the Mid-Delaware River Basin from Wilmington to Port Jervis, 
and any other pertinent reports (including the strategy for 
resolution of interstate flow management issues in the Delaware 
River Basin dated August 2004 and the National Park Service 
Lower Delaware River Management Plan (1997-1999)), with a view 
to determining whether any modifications of recommendations 
contained in the first report referred to are advisable at the 
present time, in the interest of flood damage reduction, 
ecosystem restoration, and other related problems.
  Page 213, lines 11 and 12, strike ``services, materials, 
supplies, or other in-kind contributions'' and insert ``in-kind 
services and materials''.
  Page 221, after line 20, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 4073. SHORE PARKWAY GREENWAY, BROOKLYN, NEW YORK.

   The Secretary shall conduct a study of the feasibility of 
carrying out a project for shoreline protection in the vicinity 
of the confluence of the Narrows and Gravesend Bay, Upper New 
York Bay, Shore Parkway Greenway, Brooklyn, New York.
  Page 233, after line 4, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 4105. JOHNSON CREEK, ARLINGTON, TEXAS.

  (a) Reevaluation of Environmental Restoration Features.--The 
Secretary shall reevaluate the project for flood damage 
reduction, environmental restoration, and recreation, 
authorized by section 101(b)(14) of the Water Resources 
Development Act of 1999 (113 Stat. 280), to develop 
alternatives to the separable environmental restoration element 
of the project.
  (b) Study of Additional Flood Damage Reduction Measures.--The 
Secretary shall conduct a study to determine the feasibility of 
additional flood damage reduction measures and erosion control 
measures within the boundaries of the project referred to in 
subsection (a).
  (c) Plans and Designs.--In conducting the studies referred to 
in subsections (a) and (b), the Secretary shall review plans 
and designs developed by non-Federal interests and shall use 
such plans and designs to the extent that the Secretary 
determines that such plans and designs are consistent with 
Federal standards.
  (d) Credit Toward Federal Share.--If an alternative 
environmental restoration element is authorized by law, the 
Secretary shall credit toward the Federal share of the cost of 
that project the costs incurred by the Secretary to carry out 
the separable environmental restoration element of the project 
referred to in subsection (a). The non-Federal interest shall 
not be responsible for reimbursing the Secretary for any amount 
credited under this subsection.
  (e) Credit Toward the Non-Federal Share.--The Secretary shall 
credit toward the non-Federal share of the cost of the studies 
under subsections (a) and (b), and the cost of any project 
carried out as a result of such studies the cost of work 
carried out by the non-Federal interest.
  Page 238, strike line 9 and redesignate subsequent paragraphs 
accordingly.
  Page 241, strike lines 4 through 10 and insert the following:
  (c) Fern Ridge Dam, Oregon.--
          (1) In general.--The Secretary shall plan, design, 
        and complete emergency corrective actions to repair the 
        embankment dam at the Fern Ridge Lake project, Oregon.
          (2) Treatment.--The Secretary may treat work to be 
        carried out under this subsection as a dam safety 
        project, and the cost of the work may be recovered in 
        accordance with section 1203 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 467n; 100 Stat. 
        4263).
  Page 242, line 6, strike ``river mile 205 to river mile 
308.4,''.
  Page 243, after line 14, insert the following (and 
redesignate subsequent quoted paragraphs accordingly):
          ``(10) $27,000,000 for the project described in 
        subsection (c)(19);
  Page 245, after line 11, insert the following (and 
redesignate subsequent paragraphs accordingly):
          (6) North River, Peabody, Massachusetts, being 
        carried out under section 205 of the Flood Control Act 
        of 1948 (33 U.S.C. 701s).
  Page 249, line 19, strike ``The Secretary'' and insert the 
following:
          ``(1)  delaware river.--The Secretary''.
  Page 250, after line 2, insert the following:
          (2) Susquehanna river.--The Secretary may enter into 
        an agreement with the Susquehanna River Basin 
        Commission to provide temporary water supply and 
        conservation storage at Corps of Engineers facilities 
        in the Susquehanna River Basin during any period in 
        which the Commission has determined that a drought 
        warning or drought emergency exists. The agreement 
        shall provide that the cost for any such water supply 
        and conservation storage shall not exceed the 
        incremental operating costs associated with providing 
        the storage.
  Page 252, after line 3, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 5021. REHABILITATION.

  The Secretary, at Federal expense and not to exceed 
$1,000,000, shall rehabilitate and improve the water-related 
infrastructure and the transportation infrastructure for the 
historic property in the Anacostia River Watershed located in 
the District of Columbia, including measures to address wet 
weather conditions. To carry out this section, the Secretary 
shall accept funds provided for such project under any other 
Federal program.

SEC. 5022. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE 
                    RIVER SALMON SURVIVAL.

  Section 511 of the Water Resources Development Act of 1996 
(16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 375) is 
amended--
          (1) in subsection (a)(6) by striking ``$10,000,000'' 
        and inserting ``$25,000,000''; and
          (2) in subsection (c)(2) by striking ``$1,000,000'' 
        and inserting ``$10,000,000''.

SEC. 5023. WAGE SURVEYS.

  Employees of the United States Army Corps of Engineers who 
are paid wages determined under the last undesignated paragraph 
under the heading ``Administrative Provisions'' of chapter V of 
the Supplemental Appropriations Act, 1982 (5 U.S.C. 5343 note; 
96 Stat. 832) shall be allowed, through appropriate employee 
organization representatives, to participate in wage surveys 
under such paragraph to the same extent as are prevailing rate 
employees under subsection (c)(2) of section 5343 of title 5, 
United States Code. Nothing in such section 5343 shall be 
considered to affect which agencies are to be surveyed under 
such paragraph.
  Page 253, after line 25, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 5026. FIRE ISLAND, ALASKA.

  (a) In General.--The Secretary is authorized to provide 
planning, design, and construction assistance to the non-
Federal interest for the construction of a causeway between 
Point Campbell and Fire Island, Alaska, including the 
beneficial use of dredged material in the construction of the 
causeway.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated $5,000,000 to carry out this section.
  Page 257, strike lines 6 through 19 (and redesignate 
subsequent sections accordingly).
  Page 262, after line 12, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 5045. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION, 
                    CALIFORNIA.

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

SEC. 5046. LANCASTER, CALIFORNIA.

   Section 219(f)(50) of the Water Resources Development Act of 
1992 (114 Stat. 2763A-220) is amended--
          (1) by inserting after ``water'' the following: ``and 
        wastewater'';
          (2) by striking ``$14,500,000'' and inserting 
        ``$24,500,000''.

SEC. 5047. ONTARIO AND CHINO, CALIFORNIA.

  The Secretary shall carry out a project for flood damage 
reduction under section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s), in the vicinity of Ontario and Chino, 
California, if the Secretary determines that the project is 
feasible.
  Page 263, after line 16, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 5046. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND SAN GABRIEL 
                    BASIN, CALIFORNIA.

  (a) Comprehensive Plan.--The Secretary, in consultation and 
coordination with appropriate Federal, State, and local 
entities, shall develop a comprehensive plan for the management 
of water resources in the Raymond Basin, Six Basins, Chino 
Basin, and San Gabriel Basin, California. The Secretary may 
carry out activities identified in the comprehensive plan to 
demonstrate practicable alternatives for water resources 
management.
  (b) Non-Federal Share.--
          (1) In general.--The non-Federal share of the cost of 
        activities carried out under this section shall be 35 
        percent.
          (2) Credit.--The Secretary shall credit toward the 
        non-Federal share of the cost of activities carried out 
        under this section the cost of planning, design, and 
        construction work completed by or on behalf of the non-
        Federal interests for implementation of measures under 
        this section. The amount of such credit shall not 
        exceed the non-Federal share of the cost of such 
        activities.
          (3) Operation and maintenance.--The non-Federal share 
        of the cost of operation and maintenance of any 
        measures constructed under this section shall be 100 
        percent.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000.
  Page 267, after line 2, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 5049. SAN PABLO BAY, CALIFORNIA, WATERSHED AND SUISUN MARSH 
                    ECOSYSTEM RESTORATION.

  (a) San Pablo Bay Watershed, California.--
          (1) In general.--The Secretary shall complete work, 
        as expeditiously as possible, on the ongoing San Pablo 
        Bay watershed, California, study to determine the 
        feasibility of opportunities for restoring, preserving 
        and protecting the San Pablo Bay watershed.
          (2) Report.--Not later than March 31, 2008, the 
        Secretary shall submit to Congress a report on the 
        results of the study.
  (b) Suisun Marsh, California.--The Secretary shall conduct a 
comprehensive study to determine the feasibility of 
opportunities for restoring, preserving and protecting the 
Suisun Marsh, California.
  (c) San Pablo and Suisun Bay Marsh Watershed Critical 
Restoration Projects.--
          (1) In general.--The Secretary may participate in 
        critical restoration projects that will produce, 
        consistent with Federal programs, projects, and 
        activities, immediate and substantial ecosystem 
        restoration, preservation, and protection benefits in 
        the following sub-watersheds of the San Pablo and 
        Suisun Bay Marsh watersheds:
                  (A) The tidal areas of the Petaluma River, 
                Napa-Sonoma Marsh.
                  (B) The shoreline of West Contra Costa 
                County.
                  (C) Novato Creek.
                  (D) Suisun Marsh.
                  (E) Gallinas-Miller Creek.
          (2) Types of assistance.--Participation in critical 
        restoration projects under this subsection may include 
        assistance for planning, design, or construction.
  (d) Non-Federal Interests.--Notwithstanding the requirements 
of section 221 of the Flood Control Act of 1970 (42 U.S.C. 
1962d-5b), a nonprofit entity may serve, with the consent of 
the affected local government, as a non-Federal interest for a 
project undertaken under this section.
  (e) Cost Sharing.--Before carrying out any project under this 
section, the Secretary shall enter into a partnership agreement 
with the non-Federal interest that shall require the non-
Federal interest--
          (1) to pay 35 percent of the cost of construction for 
        the project;
          (2) to provide any lands, easements, rights-of-way, 
        dredged material disposal areas, and relocations 
        necessary to carry out the project; and
          (3) to pay 100 percent of the operation, maintenance, 
        repair, replacement, and rehabilitation costs 
        associated with the project.
  (f) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of construction of a project under 
this section--
          (1) the value of any lands, easements, rights-of-way, 
        dredged material disposal areas, or relocations 
        provided by the non-Federal interest for carrying out 
        the project, regardless of the date of acquisition;
          (2) funds received from the CALFED Bay-Delta program; 
        and
          (3) the cost of the studies, design, and construction 
        work carried out by the non-Federal interest before the 
        date of execution of a partnership agreement for the 
        project if the Secretary determines that the work is 
        integral to the project.
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000.
  Page 270, strike lines 10 through 14 and insert the 
following:

SEC. 5056. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

  Section 109 of the Miscellaneous Appropriations Act, 2001 
(enacted into law by Public Law 106-554) (114 Stat. 2763A-222) 
is amended--
          (1) by adding at the end of subsection (e)(2) the 
        following:
  Page 270, line 25, strike the final period and insert ``; 
and''.
  Page 270, after line 25, insert the following:
          (2) in subsection (f) by striking ``$100,000,000'' 
        and inserting ``$100,000,000, of which not more than 
        $15,000,000 may be used to provide planning, design, 
        and construction assistance to the Florida Keys 
        Aqueduct Authority for a water treatment plant, Florida 
        City, Florida''.
  Page 274, after line 17, insert the following (and 
redesignate subsequent subparagraphs accordingly):
                  (D) to ensure aquatic integrity of 
                sidechannels and backwaters and their 
                connectivity with the mainstem river;
  Page 275, after line 12, insert the following (and 
redesignate subsequent subparagraphs accordingly):
                  (D) a conveyance study of the Kaskaskia River 
                floodplain from Vandalia, Illinois, to Carlyle 
                Lake to determine the impacts of existing and 
                future waterfowl improvements on flood stages, 
                including detailed surveys and mapping 
                information to ensure proper hydraulic and 
                hydrological analysis;
  Page 275, line 22, strike ``Coordinating Council'' and insert 
``Watershed Association''.
  Page 277, after line 14, add the following:
          (6) Other programs that may be developed by the State 
        of Illinois or the Federal Government, or that are 
        carried out by non-profit organizations, to carry out 
        the objectives of the Kaskaskia River Basin 
        Comprehensive Plan.
  Page 280, strike lines 14 through 20 and insert the 
following:

SEC. 5065. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS.

  In carrying out the project for storm damage reduction and 
shoreline erosion protection, Lake Michigan, authorized by 
section 101(a)(12) of the Water Resources Development Act of 
1996 (110 Stat. 3664), the Secretary shall reconstruct the 
Promontory Point section consistent with the original limestone 
step design. Additional costs associated with such 
reconstruction shall be a non-Federal responsibility. The costs 
of reconstruction not consistent with the original limestone 
step design shall be a non-Federal responsibility.

SEC. 5066. SOUTHWEST ILLINOIS.

  (a) Southwest Illinois Defined.--In this section, the term 
``Southwest Illinois'' means the counties of Madison, St. 
Clair, Monroe, Randolph, Perry, Franklin, Jackson, Union, 
Alexander, Pulaski, and Williamson, Illinois.
  (b) Establishment of Program.--The Secretary may establish a 
program to provide environmental assistance to non-Federal 
interests in Southwest Illinois.
  (c) Form of Assistance.--Assistance under this section may be 
in the form of design and construction assistance for water-
related environmental infrastructure and resource protection 
and development projects in Southwest Illinois, including 
projects for wastewater treatment and related facilities, water 
supply and related facilities, and surface water resource 
protection and development.
  (d) Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned.
  (e) Partnership Agreements.--
          (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a 
        partnership agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
          (2) Requirements.--Each partnership agreement entered 
        into under this subsection shall provide for the 
        following:
                  (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                officials, of a facilities or resource 
                protection and development plan, including 
                appropriate engineering plans and 
                specifications.
                  (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
          (3) Cost sharing.--
                  (A) In general.--The Federal share of the 
                project costs under each partnership agreement 
                entered into under this subsection shall be 75 
                percent. The Federal share may be in the form 
                of grants or reimbursements of project costs.
                  (B) Credit for work.--The non-Federal 
                interests shall receive credit for the 
                reasonable cost of design work on a project 
                completed by the non-Federal interest before 
                entering into a partnership agreement with the 
                Secretary for such project.
                  (C) Credit for interest.--In case of a delay 
                in the funding of the non-Federal share of a 
                project that is the subject of an agreement 
                under this section, the non-Federal interest 
                shall receive credit for reasonable interest 
                incurred in providing the non-Federal share of 
                the project's costs.
                  (D) Land, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of 
                project costs (including all reasonable costs 
                associated with obtaining permits necessary for 
                the construction, operation, and maintenance of 
                the project on publicly owned or controlled 
                land), but not to exceed 25 percent of total 
                project costs.
                  (E) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
  (f) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
  (g) Nonprofit Entities.--Notwithstanding section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project undertaken under this section, a non-Federal interest 
may include a nonprofit entity.
  (h) Corps of Engineers Expenses.--Ten percent of the amounts 
appropriated to carry out this section may be used by the Corps 
of Engineers district offices to administer projects under this 
section at 100 percent Federal expense.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000. Such 
sums shall remain available until expended.
  Page 287, after line 11, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 5080. LAKE PONTCHARTRAIN, LOUISIANA.

  For purposes of carrying out section 121 of the Federal Water 
Pollution Control Act (33 U.S.C. 1271), the Lake Pontchartrain, 
Louisiana, basin stakeholders conference convened by the 
Environmental Protection Agency, National Oceanic and 
Atmospheric Administration, and United States Geological Survey 
on February 25, 2002, shall be treated as being a management 
conference convened under section 320 of such Act (33 U.S.C. 
1330).
  Page 287, after line 12, insert the following:
  (a) Modification of Study.--The study for waterfront and 
riverine preservation, restoration, and enhancement, 
Mississippi River, West Baton Rouge Parish, Louisiana, being 
carried out under Committee Resolution 2570 of the Committee on 
Transportation and Infrastructure of the House of 
Representatives adopted July 23, 1998, is modified--
          (1) to add West Feliciana Parish and East Baton Rouge 
        Parish to the geographic scope of the study; and
          (2) to direct the Secretary to credit toward the non-
        Federal share the cost of the study and the non-Federal 
        share of the cost of any project authorized by law as a 
        result of the study the cost of work carried out by the 
        non-Federal interest before the date of the partnership 
        agreement for the project if the Secretary determines 
        that the work is integral to the study or project, as 
        the case may be.
  Page 287, line 13, before ``Section'' insert ``(b) Expedited 
Consideration.--''.
  Page 287, lines 15 and 16, strike ``Parish'' and insert ``, 
West Feliciana, and East Baton Rouge Parishes''.
  Page 287, line 17, after the second comma insert ``and''.
  Page 287, lines 17 and 18, strike ``, and interpretive center 
development''.
  Page 306, after line 4, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 5111. CLINTON COUNTY, PENNSYLVANIA.

   Section 219(f)(13) of the Water Resources Development Act of 
1992 (113 Stat. 335) is amended by striking ``$1,000,000'' and 
inserting ``$2,000,000''.
  Page 309, after line 24, insert the following (and 
redesignate subsequent sections accordingly):

SEC. 5116. EAST TENNESSEE.

  (a) East Tennessee Defined.--In this section, the term ``East 
Tennessee'' means the counties of Blount, Knox, Loudon, McMinn, 
Monroe, and Sevier, Tennessee.
  (b) Establishment of Program.--The Secretary may establish a 
program to provide environmental assistance to non-Federal 
interests in East Tennessee.
  (c) Form of Assistance.--Assistance under this section may be 
in the form of design and construction assistance for water-
related environmental infrastructure and resource protection 
and development projects in East Tennessee, including projects 
for wastewater treatment and related facilities, water supply 
and related facilities, environmental restoration, and surface 
water resource protection and development.
  (d) Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned.
  (e) Partnership Agreements.--
          (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a 
        partnership agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
          (2) Requirements.--Each partnership agreement entered 
        into under this subsection shall provide for the 
        following:
                  (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                officials, of a facilities or resource 
                protection and development plan, including 
                appropriate engineering plans and 
                specifications.
                  (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
          (3) Cost sharing.--
                  (A) In general.--The Federal share of the 
                project cost under each partnership agreement 
                entered into under this subsection shall be 75 
                percent. The Federal share may be in the form 
                of grants or reimbursements of project costs.
                  (B) Credit for work.--The non-Federal 
                interests shall receive credit for the 
                reasonable cost of design work on a project 
                completed by the non-Federal interest before 
                entering into a partnership agreement with the 
                Secretary for such project.
                  (C) Credit for interest.--In case of a delay 
                in the funding of the non-Federal share of a 
                project that is the subject of an agreement 
                under this section, the non-Federal interest 
                shall receive credit for reasonable interest 
                incurred in providing the non-Federal share of 
                the project cost.
                  (D) Land, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of 
                project cost (including all reasonable costs 
                associated with obtaining permits necessary for 
                the construction, operation, and maintenance of 
                the project on publicly owned or controlled 
                land), but not to exceed 25 percent of total 
                project cost.
                  (E) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
  (f) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
  (g) Nonprofit Entities.--Notwithstanding section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project undertaken under this section, a non-Federal interest 
may include a nonprofit entity with the consent of the affected 
local government.
  (h) Corps of Engineers Expenses.--Ten percent of the amounts 
appropriated to carry out this section may be used by the Corps 
of Engineers district offices to administer projects under this 
section at 100 percent Federal expense.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000. Such 
sums shall remain available until expended.
  Page 314, line 3, strike ``$5,000,000'' and insert 
``$10,000,000''.
  Page 314, after line 3, insert the following (and redesignate 
subsequent sections accordingly):

SEC. 5122. DALLAS COUNTY REGION, TEXAS.

  (a) Dallas County Region Defined.--In this section, the term 
``Dallas County region'' means the city of Dallas, and the 
municipalities of DeSoto, Duncanville, Lancaster, Wilmer, 
Hutchins, Balch Springs, Cedar Hill, Glenn Heights, and Ferris, 
Texas.
  (b) Establishment of Program.--The Secretary may establish a 
program to provide environmental assistance to non-Federal 
interests in the Dallas County region.
  (c) Form of Assistance.--Assistance under this section may be 
in the form of design and construction assistance for water-
related environmental infrastructure and resource protection 
and development projects in the Dallas County region, including 
projects for wastewater treatment and related facilities, water 
supply and related facilities, environmental restoration, and 
surface water resource protection and development.
  (d) Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned.
  (e) Partnership Agreements.--
          (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a 
        partnership agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
          (2) Requirements.--Each partnership agreement entered 
        into under this subsection shall provide for the 
        following:
                  (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                officials, of a facilities or resource 
                protection and development plan, including 
                appropriate engineering plans and 
                specifications.
                  (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
          (3) Cost sharing.--
                  (A) In general.--The Federal share of the 
                project costs under each partnership agreement 
                entered into under this subsection shall be 75 
                percent. The Federal share may be in the form 
                of grants or reimbursements of project costs.
                  (B) Credit for work.--The non-Federal 
                interests shall receive credit for the 
                reasonable cost of design work on a project 
                completed by the non-Federal interest before 
                entering into a partnership agreement with the 
                Secretary for such project.
                  (C) Credit for interest.--In case of a delay 
                in the funding of the non-Federal share of a 
                project that is the subject of an agreement 
                under this section, the non-Federal interest 
                shall receive credit for reasonable interest 
                incurred in providing the non-Federal share of 
                the project's costs.
                  (D) Land, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of 
                project costs (including all reasonable costs 
                associated with obtaining permits necessary for 
                the construction, operation, and maintenance of 
                the project on publicly owned or controlled 
                land), but such credit may not exceed 25 
                percent of total project costs.
                  (E) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
  (f) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
  (g) Nonprofit Entities.--Notwithstanding section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project undertaken under this section, a non-Federal interest 
may include a nonprofit entity.
  (h) Corps of Engineers Expenses.--Ten percent of the amounts 
appropriated to carry out this section may be used by the Corps 
of Engineers district offices to administer projects under this 
section at 100 percent Federal expense.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000. Such 
sums shall remain available until expended.
  Page 325, strike lines 22 through 25 and insert the 
following:
          ``(9) Buffalo bayou, texas.--A project for flood 
        control, Buffalo Bayou, Texas, to provide an 
        alternative to the project authorized by the first 
        section of the River and Harbor Act of June 20, 1938 
        (52 Stat. 804) and modified by section 3a of the Flood 
        Control Act of August 11, 1939 (53 Stat. 1414).
          ``(10) Halls bayou, texas.--A project for flood 
        control, Halls Bayou, Texas, to provide an alternative 
        to the project for flood control, Buffalo Bayou and 
        tributaries, Texas, authorized by section 101(a)(21) of 
        the Water Resources Development Act of 1990 (104 Stat. 
        4610).
  Page 327, after line 9, insert the following:

SEC. 5140. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

  Section 219(f) of the Water Resources Development Act of 1992 
(106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is 
amended--
          (1) by striking the undesignated paragraph relating 
        to Charleston, South Carolina, and inserting the 
        following:
          ``(72) Charleston, south carolina.--$20,000,000 for 
        wastewater infrastructure, including wastewater 
        collection systems, and stormwater system improvements, 
        Charleston, South Carolina.'';
          (2) by redesignating the paragraph (71) relating to 
        Placer and El Dorado Counties, California, as paragraph 
        (73);
          (3) by redesignating the paragraph (72) relating to 
        Lassen, Plumas, Butte, Sierra, and Nevada Counties, 
        California, as paragraph (74);
          (4) by striking the paragraph (71) relating to 
        Indianapolis, Indiana, and inserting the following:
          ``(75) Indianapolis, indiana.--$6,430,000 for 
        environmental infrastructure for Indianapolis, 
        Indiana.'';
          (5) by redesignating the paragraph (73) relating to 
        St. Croix Falls, Wisconsin, as paragraph (76); and
          (6) by adding at the end the following:
          ``(77) St. clair county, alabama.--$5,000,000 for 
        water related infrastructure, St. Clair County, 
        Alabama.
          ``(78) Crawford county, arkansas.--$35,000,000 for 
        water supply infrastructure, Crawford County, Arkansas.
          ``(79) Brawley colonia, imperial county, 
        california.--$1,400,000 for water infrastructure to 
        improve water quality in the Brawley Colonia Water 
        District, Imperial County, California.
          ``(80) Contra costa water district, california.--
        $23,000,000 for water and wastewater infrastructure for 
        the Contra Costa Water District, California.
          ``(81) East bay, san francisco, and santa clara 
        areas, california.--$4,000,000 for a desalination 
        project to serve the East Bay, San Francisco, and Santa 
        Clara areas, California.
          ``(82) Imperial county, california.--$10,000,000 for 
        wastewater infrastructure, including a wastewater 
        disinfection facility and polishing system, to improve 
        water quality in the vicinity of Calexico, California, 
        on the southern New River, Imperial County, California.
          ``(83) Richmond, california.--$25,000,000 for a 
        recycled water treatment facility, Richmond, 
        California.
          ``(84) Santa clara county, california.--$5,500,000 
        for an advanced recycling water treatment plant in 
        Santa Clara County, California.
          ``(85) Southern los angeles county, california.--
        $15,000,000 for environmental infrastructure for the 
        groundwater basin optimization pipeline, Southern Los 
        Angeles County, California.
          ``(86) Sweetwater reservoir, san diego county, 
        california.--$375,000 to improve water quality, and 
        remove nonnative aquatic species from the Sweetwater 
        Reservoir, San Diego County, California.
          ``(87) Whittier, california.--$8,000,000 for water, 
        wastewater, and water related infrastructure, Whittier, 
        California.
          ``(88) Montezuma and la plata counties, colorado.--
        $1,000,000 for water and wastewater related 
        infrastructure for the Ute Mountain project, Montezuma 
        and La Plata Counties, Colorado.
          ``(89) Pueblo and otero counties, colorado.--
        $34,000,000 for water transmission infrastructure, 
        Pueblo and Otero Counties, Colorado.
          ``(90) Ledyard and montville, connecticut.--
        $7,113,000 for water infrastructure, Ledyard and 
        Montville, Connecticut.
          ``(91) Anacostia river, district of columbia and 
        maryland.--$20,000,000 for environmental infrastructure 
        and resource protection and development to enhance 
        water quality and living resources in the Anacostia 
        River watershed, District of Columbia and Maryland.
          ``(92) Washington, district of columbia.--$35,000,000 
        for implementation of a combined sewer overflow long-
        term control plan, Washington, District of Columbia.
          ``(93) Charlotte county, florida.--$3,000,000 for 
        water supply infrastructure, Charlotte County, Florida.
          ``(94) Charlotte, lee, and collier counties, 
        florida.--$20,000,000 for water supply 
        interconnectivity infrastructure, Charlotte, Lee, and 
        Collier Counties, Florida.
          ``(95) Collier county, florida.--$5,000,000 for water 
        infrastructure to improve water quality in the vicinity 
        of the Gordon River, Collier County, Florida.
          ``(96) Jacksonville, florida.--$25,000,000 for 
        wastewater related infrastructure, including septic 
        tank replacements, Jacksonville, Florida.
          ``(97) North vernon and butlerville, indiana.--
        $1,700,000 for wastewater infrastructure, North Vernon 
        and Butlerville, Indiana.
          ``(98) Salem, washington county, indiana.--$3,200,000 
        for water supply infrastructure, Salem, Washington 
        County, Indiana.
          ``(99) Central kentucky.--$10,000,000 for water 
        related infrastructure and resource protection and 
        development, Scott, Franklin, Woodford, Anderson, 
        Fayette, Mercer, Jessamine, Boyle, Lincoln, Garrard, 
        Madison, Estill, Powell, Clark, Montgomery, and Bourbon 
        Counties, Kentucky.
          ``(100) Plaquemine, louisiana.--$7,000,000 for 
        sanitary sewer and wastewater infrastructure, 
        Plaquemine, Louisiana.
          ``(101) City of biloxi, city of gulfport, and 
        harrison county, mississippi.--$15,000,000 for water 
        and wastewater related infrastructure, city of Biloxi, 
        city of Gulfport, and Harrison County, Mississippi.
          ``(102) Clark county, nevada.--$30,000,000 for 
        wastewater infrastructure, Clark County, Nevada.
          ``(103) Henderson, nevada.--$5,000,000 for wastewater 
        infrastructure, Henderson, Nevada.
          ``(104) Paterson, new jersey.--$35,000,000 for 
        wastewater infrastructure, Paterson, New Jersey.
          ``(105) Sennett, new york.--$1,500,000 for water 
        infrastructure, Town of Sennett, New York.
          ``(106) Springport and fleming, new york.--
        $10,000,000 for water related infrastructure, including 
        water mains, pump stations, and water storage tanks, 
        Springport and Fleming, New York.
          ``(107) Cabarrus county, north carolina.--$4,500,000 
        for water related infrastructure, Cabarrus County, 
        North Carolina.
          ``(108) Richmond county, north carolina.--$8,000,000 
        for water related infrastructure, Richmond County, 
        North Carolina.
          ``(109) Union county, north carolina.--$6,000,000 for 
        wastewater infrastructure, Union County, North 
        Carolina.
          ``(110) Lake county, ohio.--$1,500,000 for wastewater 
        infrastructure, Lake County, Ohio.
          ``(111) Mentor-on-lake, ohio.--$625,000 for water and 
        wastewater infrastructure, Mentor-on-Lake, Ohio.
          ``(112) Willowick, ohio.--$665,000 for water and 
        wastewater infrastructure, Willowick, Ohio.
          ``(113) Albany, oregon.--$35,000,000 for wastewater 
        infrastructure to improve water quality, Albany, 
        Oregon.
          ``(114) Borough of stockerton, borough of tatamy, and 
        palmer township, pennsylvania.--$10,000,000 for 
        stormwater control measures, particularly to address 
        sinkholes, in the vicinity of the Borough of 
        Stockerton, the Borough of Tatamy, and Palmer Township, 
        Pennsylvania.
          ``(115) Hatfield borough, pennsylvania.--$310,000 for 
        wastewater related infrastructure for Hatfield Borough, 
        Pennsylvania.
          ``(116) Lehigh county, pennsylvania.--$5,000,000 for 
        stormwater control measures and storm sewer 
        improvements, Lehigh County, Pennsylvania.
          ``(117) North wales borough, pennsylvania.--
        $1,516,584 for wastewater related infrastructure for 
        North Wales Borough, Pennsylvania.
          ``(118) Pen argyl, pennsylvania.--$5,250,000 for 
        wastewater infrastructure, Pen Argyl, Pennsylvania.
          ``(119) Philadelphia, pennsylvania.--$1,600,000 for 
        wastewater related infrastructure for Philadelphia, 
        Pennsylvania.
          ``(120) Vera cruz, pennsylvania.--$5,500,000 for 
        wastewater infrastructure, Vera Cruz, Pennsylvania.
          ``(121) Commonwealth of puerto rico.--$35,000,000 for 
        water and wastewater infrastructure in the Commonwealth 
        of Puerto Rico.
          ``(122) Cross, south carolina.--$2,000,000 for water 
        related environmental infrastructure, Cross, South 
        Carolina.
          ``(123) Myrtle beach, south carolina.--$6,000,000 for 
        environmental infrastructure, including ocean outfalls, 
        Myrtle Beach, South Carolina.
          ``(124) North myrtle beach, south carolina.--
        $6,000,000 for environmental infrastructure, including 
        ocean outfalls, North Myrtle Beach, South Carolina.
          ``(125) Surfside, south carolina.--$6,000,000 for 
        environmental infrastructure, including stormwater 
        system improvements and ocean outfalls, Surfside, South 
        Carolina.
          ``(126) Athens, tennessee.--$16,000,000 for 
        wastewater infrastructure, Athens, Tennessee.
          ``(127) Duchesne, iron, and uintah counties, utah.--
        $10,800,000 for water related infrastructure, Duchesne, 
        Iron, and Uintah Counties, Utah.
          ``(128) Monroe, north carolina.--$11,500,000 for 
        water related infrastructure, including water supply 
        reservoir dredging, Monroe, North Carolina.
          ``(129) Charlotte, north carolina.--$5,000,000 for 
        phase II of the Briar Creek wastewater project, 
        Charlotte, North Carolina.
          ``(130) Los angeles county, california.--$3,000,000 
        for wastewater and water related infrastructure, 
        Diamond Bar, La Habra Heights, and Rowland Heights, Los 
        Angeles County, California.
          ``(131) Orange county, california.--$15,000,000 for 
        wastewater and water related infrastructure, Anaheim, 
        Brea, La Habra, Mission Viejo, Rancho Santa Margarita, 
        and Yorba Linda, Orange County, California.
          ``(132) San bernadino county, california.--$9,000,000 
        for wastewater and water related infrastructure, Chino 
        and Chino Hills, San Bernadino County, California.
          ``(133) Fayetteville, grantville, lagrange, pine 
        mountain (harris county), douglasville, and carrollton, 
        georgia.--$24,500,000 for water and wastewater 
        infrastructure, Fayetteville, Grantville, LaGrange, 
        Pine Mountain (Harris County), Douglasville, and 
        Carrollton, Georgia.
          ``(134) Meriwether and spalding counties, georgia.--
        $7,000,000 for water and wastewater infrastructure, 
        Meriwether and Spalding Counties, Georgia.
          ``(135) Arcadia, sierra madre, and upland, 
        california.--$33,000,000 for water and wastewater 
        infrastructure, Arcadia, Sierra Madre, and Upland, 
        California, including $13,000,000 for stormwater 
        infrastructure for Upland, California.
          ``(136) Ft. bend county, texas.--$20,000,000 for 
        wastewater infrastructure, Ft. Bend County, Texas.
          ``(137) New river, california.--$10,000,000 for 
        wastewater infrastructure to improve water quality in 
        the New River, California.
          ``(138) Big bear area regional wastewater agency, 
        california.--$15,000,000 for water reclamation and 
        distribution, Big Bear Area Regional Wastewater Agency, 
        California.
          ``(139) Lake nacimiento, california.--$25,000,000 for 
        water supply infrastructure for the communities of 
        Atascadero, Paso Robles, Templeton, and San Luis 
        Obispo, San Luis Obispo County, California.
          ``(140) Otero, bent, crowley, kiowa, and prowers 
        counties, colorado.--$35,000,000 for water transmission 
        infrastructure, Otero, Bent, Crowley, Kiowa, and 
        Prowers Counties, Colorado.
          ``(141) Saipan, northern mariana islands.--
        $20,000,000 for water related infrastructure, Saipan, 
        Northern Mariana Islands.
          ``(142) Stockton, california.--$33,000,000 for water 
        treatment and distribution infrastructure, Stockton, 
        California.
          ``(143) Jackson, mississippi.--$25,000,000 for water 
        and wastewater infrastructure, Jackson, Mississippi.
          ``(144) Crooked creek, marlboro county, south 
        carolina.--$25,000,000 for a project for water storage 
        and water supply infrastructure on Crooked Creek, 
        Marlboro County, South Carolina.
          ``(145) Central texas.--$20,000,000 for water and 
        wastewater infrastructure in Bosque, Brazos, Burleson, 
        Grimes, Hill, Hood, Johnson, Madison, McLennan, 
        Limestone, Robertson, and Somervell Counties, Texas.
          ``(146) El paso county, texas.--$25,000,000 for water 
        related infrastructure and resource protection and 
        development, El Paso County, Texas.
          ``(147) Northern west virginia.--$20,000,000 for 
        water and wastewater infrastructure in Hancock, Ohio, 
        Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, 
        Monongalia, Marion, Harrison, Taylor, Barbour, Preston, 
        Tucker, Mineral, Grant, Gilmer, Brooke, Ritchie 
        Counties, West Virginia.''.
  Page 329, line 19, strike the closing quotation marks and the 
final period and insert the following:
          ``(4) Project subject to a final report.--The 
        following project for water resources development and 
        conservation and other purposes is authorized to be 
        carried out by the Secretary substantially in 
        accordance with a final report of the Chief of 
        Engineers:
                  ``(A) Picayune strand, florida.--The project 
                for environmental restoration, Picayune Strand, 
                Florida, at a total cost of $349,422,000, with 
                an estimated Federal cost of $174,711,000 and 
                an estimated non-Federal cost of $174,711,000, 
                if a favorable report of the Chief is completed 
                not later than December 31, 2005.''.
  Page 355, line 6, strike ``this subsection'' and insert 
``this title''.
  Conform the table of contents of the bill accordingly.
                              ----------                              


2. An Amendment To Be Offered by Representative Menendez of New Jersey, 
            or His Designee, To Be Debatable for 10 Minutes

  After section 1001(b)(2) of the bill (as added by the 
manager's amendment), add the following (and redesignate 
subsequent paragraphs accordingly):
          (3) Hudson-raritan estuary, liberty state park, new 
        jersey.--The project for environmental restoration, 
        Hudson-Raritan Estuary, Liberty State Park, New Jersey, 
        at a total cost of $32,000,000, with an estimated 
        Federal cost of $20,800,000 and an estimated non-
        Federal cost of $11,200,000.
                              ----------                              


3. An Amendment To Be Offered by Representative Stupak of Michigan, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 110, after line 20, insert the following (and conform 
the table of contents accordingly):

SEC. 2041. CRITERIA FOR OPERATION AND MAINTENANCE OF HARBOR DREDGING 
                    PROJECTS.

  The Secretary shall budget and request appropriations for 
operation and maintenance of harbor dredging projects based 
only upon criteria used for such projects in fiscal year 2004.
                              ----------                              


    4. An Amendment To Be Offered by Representative Rohrabacher of 
      California, or His Designee, To Be Debatable for 10 Minutes

  Page 110, after line 20, insert the following (and 
redesignate subsequent sections, and conform the table of 
contents, of the bill accordingly):

SEC. 2041. AUTHORITY OF NON-FEDERAL INTERESTS TO LEVY HARBOR FEES.

  Section 208(a) of Water Resources Development Act of 1986 (33 
U.S.C. 2236(a)) is amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``tonnage duties or fees'' and inserting ``one or more 
        of tonnage duties, tonnage fees, and container fees''; 
        and
          (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''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Davis of Illinois, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 135, line 9, strike ``The'' and insert ``(a) Hall Street 
Bridge and Division Street Bridge.--The''.
  Page 135, after line 15, insert the following:
  (b) Kinzie Street and Fulton Street.--That portion of the 
navigation channel for the North Branch Canal portion of the 
Chicago River, authorized by the first section of the Rivers 
and Harbors Appropriations Act of March 3, 1899 (30 Stat. 
1129), extending between Kinzie Street and Fulton Street where 
a structure existed prior to December 1998 shall not be 
considered as part of the navigation channel.
                              ----------                              


 6. An Amendment To Be Offered by Representative Flake of Arizona, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 346, strike lines 19 and 20 and insert the following:
                  (C) implement not later than January 1, 2006, 
                an appointment system to schedule and 
                prioritize, based upon the average lockage time 
                of each barge company, traffic movements at 
                each lock on the Upper Mississippi River and 
                Illinois Waterway.
  Page 347, strike lines 4 through 7 and insert the following:
  (1) In General.--The Secretary shall construct new 1,200-
foot-long locks at Locks 20, 21, 22, 24 and 25 on the Upper 
Mississippi River and at Lagrange Lock and Peoria Lock on the 
Illinois Waterway if the combined, 3-year average of the number 
of total tons of commodities processed at these 7 locks in 
calender years 2007, 2008, and 2009 exceeds 35,000,000 tons.
  (2) Reporting Requirements.--The Secretary shall submit to 
Congress--
                  (A) before December 31, 2010, a notification 
                report, prepared in consultation with the 
                National Research Council of the National 
                Academy of Sciences, indicating a 
                recommendation on whether to proceed with new 
                lock construction described in paragraph (1) 
                based on a cost-benefit analysis and on 
                activities undertaken under subsection (a)(1); 
                and
                  (B) before December 31, 2013, a reevaluation 
                report on whether to proceed with new lock 
                construction described in paragraph (1) taking 
                into account regional, national, and world 
                market conditions and the development and 
                application of new peer-reviewed models.
  Page 347, line 8, strike ``(2)'' and insert ``(3)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Kind of Wisconsin, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 354, line 23, strike ``and'';
  Page 355, line 3, strike ``rates.'' and insert ``rates; 
and''.
  Page 355, after line (3), insert the following:
          ``(3) make an annual report to Congress, beginning in 
        fiscal year 2008, regarding whether the projects are 
        being carried out at a comparable rate.''.
  Page 355, line 4, after ``Secretary'' insert ``or Congress''.

                                  
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