F6652I59 I59 I60IB I90HR 2864 RH I39 I46 I40Union Calendar No. T494 I41109T4th CONGRESS I421T4st Session I43H. R. 2864 I51[Report No. 109ÿ09154] I30To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. I44 I45IN THE HOUSE OF REPRESENTATIVES I46June T113, 2005 I47Mr. T4YoungT1 of Alaska (for himself, Mr. T4OberstarT1, Mr. T4DuncanT1, and Ms. T4Eddie Bernice JohnsonT1 of Texas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure I46June T124, 2005 I47Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed I78[Strike out all after the enacting clause and insert the part printed in italic] I78[For text of introduced bill, see copy of bill as introduced on June 13, 2005] I48 I49A BILL I53To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. S6201 I20T3Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,T1 S6203 I72SECTION 1. SHORT TITLE; TABLE OF CONTENTS. I20(a) T5Short TitleK._This Act may be cited as the ``Water Resources Development Act of 2005''. I20(b) T5Table of ContentsK._ Q10 S6213 I42Sec.1.Short title; table of contents. I42Sec.2.Definition of Secretary. I74TITLEI_WATER RESOURCES PROJECTS I42Sec.1001.Project authorizations. I42Sec.1002.Small projects for flood damage reduction. I42Sec.1003.Small projects for emergency streambank protection. I42Sec.1004.Small projects for navigation. I42Sec.1005.Small projects for improvement of the quality of the environment. I42Sec.1006.Small projects for aquatic ecosystem restoration. I42Sec.1007.Small projects for shoreline protection. I42Sec.1008.Small projects for snagging and sediment removal. I74TITLEII_GENERAL PROVISIONS I42Sec.2001.Non-Federal contributions. I42Sec.2002.Harbor cost sharing. I42Sec.2003.Funding to process permits. I42Sec.2004.National shoreline erosion control development and demonstration program. I42Sec.2005.Small shore and beach restoration and protection projects. I42Sec.2006.Written agreement for water resources projects. I42Sec.2007.Assistance for remediation, restoration, and reuse. I42Sec.2008.Compilation of laws. I42Sec.2009.Dredged material disposal. I42Sec.2010.Wetlands mitigation. I42Sec.2011.Remote and subsistence harbors. I42Sec.2012.Beneficial uses of dredged material. I42Sec.2013.Cost-sharing provisions for certain areas. I42Sec.2014.Revision of project partnership agreement. I42Sec.2015.Cost sharing. I42Sec.2016.Credit for work performed before partnership agreement. I42Sec.2017.Recreation user fee revenues. I42Sec.2018.Expedited actions for emergency flood damage reduction. I42Sec.2019.Watershed and river basin assessments. I42Sec.2020.Tribal partnership program. I42Sec.2021.Wildfire firefighting. I42Sec.2022.Credit for nonconstruction services. I42Sec.2023.Technical assistance. I42Sec.2024.Coordination and scheduling of Federal, State, and local actions. I42Sec.2025.Project streamlining. I42Sec.2026.Lakes program. I42Sec.2027.Mitigation for fish and wildlife losses. I42Sec.2028.Cooperative agreements. I42Sec.2029.Project planning. I42Sec.2030.Independent peer review. I42Sec.2031.Training funds. I42Sec.2032.Access to water resource data. I42Sec.2033.Shore protection projects. I42Sec.2034.Ability to pay. I42Sec.2035.Aquatic ecosystem restoration. I42Sec.2036.Small flood damage reduction projects. I42Sec.2037.Leasing authority. I42Sec.2038.Cost estimates. I42Sec.2039.Studies and reports for water resources projects. I42Sec.2040.Fiscal transparency report. I74TITLEIII_PROJECT-RELATED PROVISIONS I42Sec.3001.King Cove Harbor, Alaska. I42Sec.3002.St. Paul Harbor, St. Paul Island, Alaska. I42Sec.3003.Sitka, Alaska. I42Sec.3004.Tatitlek, Alaska. I42Sec.3005.Grand Prairie Region and Bayou Meto basin, Arkansas. I42Sec.3006.Osceola Harbor, Arkansas. I42Sec.3007.Pine Mountain Dam, Arkansas. I42Sec.3008.Saint Francis Basin, Arkansas. I42Sec.3009.American River Watershed, California. I42Sec.3010.Compton Creek, California. I42Sec.3011.Grayson Creek/Murderer's Creek, California. I42Sec.3012.Hamilton Airfield, California. I42Sec.3013.John F. Baldwin Ship Channel and Stockton Ship Channel, California. I42Sec.3014.Kaweah River, California. I42Sec.3015.Larkspur Ferry Channel, Larkspur, California. I42Sec.3016.Llagas Creek, California. I42Sec.3017.Los Angeles Harbor, California. I42Sec.3018.Magpie Creek, California. I42Sec.3019.Pacific Flyway Center, Sacramento, California. I42Sec.3020.Pinole Creek, California. I42Sec.3021.Prado Dam, California. I42Sec.3022.Sacramento and American Rivers Flood Control, California. I42Sec.3023.Sacramento Deep Water Ship Channel, California. I42Sec.3024.Sacramento River, Glenn-Colusa, California. I42Sec.3025.Santa Cruz Harbor, California. I42Sec.3026.Seven Oaks Dam, California. I42Sec.3027.Upper Guadalupe River, California. I42Sec.3028.Walnut Creek Channel, California. I42Sec.3029.Wildcat/San Pablo Creek Phase I, California. I42Sec.3030.Wildcat/San Pablo Creek Phase II, California. I42Sec.3031.Yuba River Basin project, California. I42Sec.3032.Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland. I42Sec.3033.Brevard County, Florida. I42Sec.3034.Broward County and Hillsboro Inlet, Florida. I42Sec.3035.Canaveral Harbor, Florida. I42Sec.3036.Gasparilla and Estero Islands, Florida. I42Sec.3037.Jacksonville Harbor, Florida. I42Sec.3038.Lido Key Beach, Sarasota, Florida. I42Sec.3039.Miami Harbor, Florida. I42Sec.3040.Peanut Island, Florida. I42Sec.3041.Tampa Harbor-Big Bend Channel, Florida. I42Sec.3042.Tampa Harbor Cut B, Florida. I42Sec.3043.Allatoona Lake, Georgia. I42Sec.3044.Latham River, Glynn County, Georgia. I42Sec.3045.Dworshak Dam and Reservoir improvements, Idaho. I42Sec.3046.Beardstown Community Boat Harbor, Beardstown, Illinois. I42Sec.3047.Cache River Levee, Illinois. I42Sec.3048.Chicago River, Illinois. I42Sec.3049.Chicago Sanitary and Ship Canal, Illinois. I42Sec.3050.Emiquon, Illinois. I42Sec.3051.LaSalle, Illinois. I42Sec.3052.Spunky Bottoms, Illinois. I42Sec.3053.Fort Wayne and vicinity, Indiana. I42Sec.3054.Koontz Lake, Indiana. I42Sec.3055.Little Calumet River, Indiana. I42Sec.3056.White River, Indiana. I42Sec.3057.Des Moines River and Greenbelt, Iowa. I42Sec.3058.Prestonsburg, Kentucky. I42Sec.3059.Amite River and Tributaries, Louisiana, East Baton Rouge Parish Watershed. I42Sec.3060.Atchafalaya Basin, Louisiana. I42Sec.3061.Bayou Plaquemine, Louisiana. I42Sec.3062.Atchafalaya Basin Floodway System, Louisiana. I42Sec.3063.J. Bennett Johnston Waterway, Mississippi River to Shreveport, Louisiana. I42Sec.3064.Mississippi Delta Region, Louisiana. I42Sec.3065.New Orleans to Venice, Louisiana. I42Sec.3066.West bank of the Mississippi River (East of Harvey Canal), Louisiana. I42Sec.3067.Camp Ellis, Saco, Maine. I42Sec.3068.Union River, Maine. I42Sec.3069.Gwynns Falls Watershed, Baltimore, Maryland. I42Sec.3070.Boston Harbor, Massachusetts. I42Sec.3071.Detroit River Shoreline, Detroit, Michigan. I42Sec.3072.St. Joseph Harbor, Michigan. I42Sec.3073.Sault Sainte Marie, Michigan. I42Sec.3074.Ada, Minnesota. I42Sec.3075.Duluth Harbor, McQuade Road, Minnesota. I42Sec.3076.Grand Portage Harbor, Minnesota. I42Sec.3077.Granite Falls, Minnesota. I42Sec.3078.Knife River Harbor, Minnesota. I42Sec.3079.Red Lake River, Minnesota. I42Sec.3080.Silver Bay, Minnesota. I42Sec.3081.Taconite Harbor, Minnesota. I42Sec.3082.Two Harbors, Minnesota. I42Sec.3083.Deer Island, Harrison County, Mississippi. I42Sec.3084.Pearl River Basin, Mississippi. I42Sec.3085.Festus and Crystal City, Missouri. I42Sec.3086.Monarch-Chesterfield, Missouri. I42Sec.3087.River Des Peres, Missouri. I42Sec.3088.Antelope Creek, Lincoln, Nebraska. I42Sec.3089.Sand Creek watershed, Wahoo, Nebraska. I42Sec.3090.Lower Cape May Meadows, Cape May Point, New Jersey. I42Sec.3091.Passaic River Basin flood management, New Jersey. I42Sec.3092.Buffalo Harbor, New York. I42Sec.3093.Orchard Beach, Bronx, New York. I42Sec.3094.Port of New York and New Jersey, New York and New Jersey. I42Sec.3095.New York State Canal System. I42Sec.3096.Lower Girard Lake Dam, Ohio. I42Sec.3097.Mahoning River, Ohio. I42Sec.3098.Arcadia Lake, Oklahoma. I42Sec.3099.Waurika Lake, Oklahoma. I42Sec.3100.Willamette River temperature control, McKenzie Subbasin, Oregon. I42Sec.3101.Delaware River, Pennsylvania, New Jersey, and Delaware. I42Sec.3102.Raystown Lake, Pennsylvania. I42Sec.3103.Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania. I42Sec.3104.Solomon's Creek, Wilkes-Barre, Pennsylvania. I42Sec.3105.South Central Pennsylvania. I42Sec.3106.Wyoming Valley, Pennsylvania. I42Sec.3107.Cedar Bayou, Texas. I42Sec.3108.Freeport Harbor, Texas. I42Sec.3109.Johnson Creek, Arlington, Texas. I42Sec.3110.Lake Kemp, Texas. I42Sec.3111.Lower Rio Grande Basin, Texas. I42Sec.3112.North Padre Island, Corpus Christi Bay, Texas. I42Sec.3113.Pat Mayse Lake, Texas. I42Sec.3114.Proctor Lake, Texas. I42Sec.3115.San Antonio Channel, San Antonio, Texas. I42Sec.3116.James River, Virginia. I42Sec.3117.Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia. I42Sec.3118.Tangier Island Seawall, Virginia. I42Sec.3119.Duwamish/Green, Washington. I42Sec.3120.Yakima River, Port of Sunnyside, Washington. I42Sec.3121.Greenbrier River Basin, West Virginia. I42Sec.3122.Lesage/Greenbottom Swamp, West Virginia. I42Sec.3123.Northern West Virginia. I42Sec.3124.Manitowoc Harbor, Wisconsin. I42Sec.3125.Mississippi River headwaters reservoirs. I42Sec.3126.Continuation of project authorizations. I42Sec.3127.Project reauthorizations. I42Sec.3128.Project deauthorizations. I42Sec.3129.Land conveyances. I42Sec.3130.Extinguishment of reversionary interests and use restrictions. I74TITLEIV_STUDIES I42Sec.4001.John Glenn Great Lakes Basin program. I42Sec.4002.Lake Erie dredged material disposal sites. I42Sec.4003.Southwestern United States drought study. I42Sec.4004.Upper Mississippi River comprehensive plan. I42Sec.4005.Knik Arm, Cook Inlet, Alaska. I42Sec.4006.Kuskokwim River, Alaska. I42Sec.4007.St. George Harbor, Alaska. I42Sec.4008.Susitna River, Alaska. I42Sec.4009.Gila Bend, Maricopa, Arizona. I42Sec.4010.Searcy County, Arkansas. I42Sec.4011.Dry Creek Valley, California. I42Sec.4012.Elkhorn Slough estuary, California. I42Sec.4013.Fresno, Kings, and Kern Counties, California. I42Sec.4014.Los Angeles River, California. I42Sec.4015.Lytle Creek, Rialto, California. I42Sec.4016.Mokelumne River, San Joaquin County, California. I42Sec.4017.Napa River, St. Helena, California. I42Sec.4018.Orick, California. I42Sec.4019.Rialto, Fontana, and Colton, California. I42Sec.4020.Sacramento River, California. I42Sec.4021.San Diego County, California. I42Sec.4022.San Francisco Bay, Sacramento-San Joaquin Delta, California. I42Sec.4023.South San Francisco Bay shoreline study, California. I42Sec.4024.Twentynine Palms, California. I42Sec.4025.Yucca Valley, California. I42Sec.4026.Boulder Creek, Boulder, Colorado. I42Sec.4027.Roaring Fork River, Basalt, Colorado. I42Sec.4028.Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware. I42Sec.4029.Collier County beaches, Florida. I42Sec.4030.Vanderbilt Beach Lagoon, Florida. I42Sec.4031.Meriwether County, Georgia. I42Sec.4032.Tybee Island, Georgia. I42Sec.4033.Kaukonahua-Helemano watershed, Oahu, Hawaii. I42Sec.4034.West Maui, Maui, Hawaii. I42Sec.4035.Boise River, Idaho. I42Sec.4036.Ballard's Island Side Channel, Illinois. I42Sec.4037.Chicago, Illinois. I42Sec.4038.South Branch, Chicago River, Chicago, Illinois. I42Sec.4039.Utica, Illinois. I42Sec.4040.Lake and Porter Counties, Indiana. I42Sec.4041.Salem, Indiana. I42Sec.4042.Buckhorn Lake, Kentucky. I42Sec.4043.Dewey Lake, Kentucky. I42Sec.4044.Louisville, Kentucky. I42Sec.4045.Bastrop-Morehouse Parish, Louisiana. I42Sec.4046.Offshore oil and gas fabrication ports, Louisiana. I42Sec.4047.Vermilion River, Louisiana. I42Sec.4048.West Feliciana Parish, Louisiana. I42Sec.4049.Patapsco River, Maryland. I42Sec.4050.Fall River Harbor, Massachusetts and Rhode Island. I42Sec.4051.Hamburg and Green Oak Townships, Michigan. I42Sec.4052.St. Clair River, Michigan. I42Sec.4053.Duluth-Superior Harbor, Minnesota and Wisconsin. I42Sec.4054.Wild Rice River, Minnesota. I42Sec.4055.Mississippi coastal area, Mississippi. I42Sec.4056.Northeast Mississippi. I42Sec.4057.St. Louis, Missouri. I42Sec.4058.Dredged material disposal, New Jersey. I42Sec.4059.Bayonne, New Jersey. I42Sec.4060.Carteret, New Jersey. I42Sec.4061.Elizabeth River, Elizabeth, New Jersey. I42Sec.4062.Gloucester County, New Jersey. I42Sec.4063.Perth Amboy, New Jersey. I42Sec.4064.Wreck Pond, Monmouth County, New Jersey. I42Sec.4065.Batavia, New York. I42Sec.4066.Big Sister Creek, Evans, New York. I42Sec.4067.East Chester Bay, Turtle Cove, New York. I42Sec.4068.Finger Lakes, New York. I42Sec.4069.Hudson-Raritan Estuary, New York and New Jersey. I42Sec.4070.Lake Erie Shoreline, Buffalo, New York. I42Sec.4071.Newtown Creek, New York. I42Sec.4072.Niagara River, New York. I42Sec.4073.Upper Delaware River watershed, New York. I42Sec.4074.Lincoln County, North Carolina. I42Sec.4075.Wilkes County, North Carolina. I42Sec.4076.Yadkinville, North Carolina. I42Sec.4077.Cincinnati, Ohio. I42Sec.4078.Euclid, Ohio. I42Sec.4079.Lake Erie, Ohio. I42Sec.4080.Ohio River, Ohio. I42Sec.4081.Sutherlin, Oregon. I42Sec.4082.Tillamook Bay and Bar, Oregon. I42Sec.4083.Ecosystem restoration and fish passage improvements, Oregon. I42Sec.4084.Walla Walla River Basin, Oregon. I42Sec.4085.Chartiers Creek watershed, Pennsylvania. I42Sec.4086.Kinzua Dam and Allegheny Reservoir, Pennsylvania. I42Sec.4087.North Central Pennsylvania. I42Sec.4088.Northampton and Lehigh Counties streams, Pennsylvania. I42Sec.4089.Western Pennsylvania flood damage reduction. I42Sec.4090.Williamsport, Pennsylvania. I42Sec.4091.Yardley Borough, Pennsylvania. I42Sec.4092.Rio Valenciano, Juncos, Puerto Rico. I42Sec.4093.Crooked Creek, Bennettsville, South Carolina. I42Sec.4094.Broad River, York County, South Carolina. I42Sec.4095.Georgetown and Williamsburg Counties, South Carolina. I42Sec.4096.Chattanooga, Tennessee. I42Sec.4097.Cleveland, Tennessee. I42Sec.4098.Cumberland River, Nashville, Tennessee. I42Sec.4099.Lewis, Lawrence, and Wayne Counties, Tennessee. I42Sec.4100.Wolf River and Nonconnah Creek, Memphis Tennessee. I42Sec.4101.Abilene, Texas. I42Sec.4102.Coastal Texas ecosystem protection and restoration, Texas. I42Sec.4103.Fort Bend County, Texas. I42Sec.4104.Harris County, Texas. I42Sec.4105.Port of Galveston, Texas. I42Sec.4106.Roma Creek, Texas. I42Sec.4107.Walnut Creek, Texas. I42Sec.4108.Grand County and Moab, Utah. I42Sec.4109.Southwestern Utah. I42Sec.4110.Chowan River Basin, Virginia and North Carolina. I42Sec.4111.James River, Richmond, Virginia. I42Sec.4112.Elliott Bay Seawall, Seattle, Washington. I42Sec.4113.Monongahela River Basin, Northern West Virginia. I42Sec.4114.Kenosha Harbor, Wisconsin. I42Sec.4115.Wauwatosa, Wisconsin. I74TITLEV_MISCELLANEOUS PROVISIONS I42Sec.5001.Maintenance of navigation channels. I42Sec.5002.Watershed management. I42Sec.5003.Dam safety. I42Sec.5004.Structural integrity evaluations. I42Sec.5005.Flood mitigation priority areas. I42Sec.5006.Additional assistance for authorized projects. I42Sec.5007.Expedited completion of reports and construction for certain projects. I42Sec.5008.Expedited completion of reports for certain projects. I42Sec.5009.Southeastern water resources assessment. I42Sec.5010.Upper Mississippi River environmental management program. I42Sec.5011.Missouri and Middle Mississippi Rivers enhancement project. I42Sec.5012.Great Lakes fishery and ecosystem restoration. I42Sec.5013.Great Lakes remedial action plans and sediment remediation. I42Sec.5014.Great Lakes tributary model. I42Sec.5015.Susquehanna, Delaware, and Potomac River Basins. I42Sec.5016.Chesapeake Bay Environmental Restoration and Protection Program. I42Sec.5017.Chesapeake Bay oyster restoration. I42Sec.5018.Hypoxia assessment. I42Sec.5019.Potomac River Watershed Assessment and Tributary Strategy Evaluation and Monitoring Program. I42Sec.5020.Lock and dam security. I42Sec.5021.Pinhook Creek, Huntsville, Alabama. I42Sec.5022.Tallapoosa, Alabama. I42Sec.5023.Alaska. I42Sec.5024.Barrow, Alaska. I42Sec.5025.Coffman Cove, Alaska. I42Sec.5026.Fort Yukon, Alaska. I42Sec.5027.Kotzebue Harbor, Alaska. I42Sec.5028.Lowell Creek Tunnel, Seward, Alaska. I42Sec.5029.St. Herman and St. Paul Harbors, Kodiak, Alaska. I42Sec.5030.Tanana River, Alaska. I42Sec.5031.Valdez, Alaska. I42Sec.5032.Whittier, Alaska. I42Sec.5033.Wrangell Harbor, Alaska. I42Sec.5034.Augusta and Clarendon, Arkansas. I42Sec.5035.Des Arc levee protection, Arkansas. I42Sec.5036.Helena and vicinity, Arkansas. I42Sec.5037.Loomis Landing, Arkansas. I42Sec.5038.St. Francis River Basin, Arkansas and Missouri. I42Sec.5039.White River basin, Arkansas. I42Sec.5040.Cambria, California. I42Sec.5041.Contra Costa Canal, Oakley and Knightsen, California; Mallard Slough, Pittsburg, California. I42Sec.5042.Dana Point Harbor, California. I42Sec.5043.East San Joaquin County, California. I42Sec.5044.Eastern Santa Clara Basin, California. I42Sec.5045.Pine Flat Dam and Reservoir, California. I42Sec.5046.Sacramento deep water ship channel, California. I42Sec.5047.San Francisco, California. I42Sec.5048.San Francisco, California, waterfront area. I42Sec.5049.Santa Venetia, California. I42Sec.5050.Stockton, California. I42Sec.5051.Victor V. Veysey Dam, California. I42Sec.5052.Whittier, California. I42Sec.5053.Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. I42Sec.5054.Christina River shipwreck, Delaware. I42Sec.5055.Anacostia River, District of Columbia, Maryland, and Virginia. I42Sec.5056.Florida Keys water quality improvements. I42Sec.5057.Lake Worth, Florida. I42Sec.5058.Lake Lanier, Georgia. I42Sec.5059.Riley Creek Recreation Area, Idaho. I42Sec.5060.Reconstruction of Illinois flood protection projects. I42Sec.5061.Kaskaskia River Basin, Illinois, restoration. I42Sec.5062.Floodplain mapping, Little Calumet River, Chicago, Illinois. I42Sec.5063.Natalie Creek, Midlothian and Oak Forest, Illinois. I42Sec.5064.Illinois River basin restoration. I42Sec.5065.Promontory Point, Lake Michigan, Illinois. I42Sec.5066.Burns Waterway Harbor, Indiana. I42Sec.5067.Calumet region, Indiana. I42Sec.5068.Floodplain mapping, Missouri River, Iowa. I42Sec.5069.Rathbun Lake, Iowa. I42Sec.5070.Cumberland River basin, Kentucky. I42Sec.5071.Louisville, Kentucky. I42Sec.5072.Mayfield Creek and tributaries, Kentucky. I42Sec.5073.North Fork, Kentucky River, Breathitt County, Kentucky. I42Sec.5074.Paducah, Kentucky. I42Sec.5075.Southern and eastern Kentucky. I42Sec.5076.Winchester, Kentucky. I42Sec.5077.Baton Rouge, Louisiana. I42Sec.5078.Calcasieu Ship Channel, Louisiana. I42Sec.5079.Cross Lake, Shreveport, Louisiana. I42Sec.5080.West Baton Rouge Parish, Louisiana. I42Sec.5081.Charlestown, Maryland. I42Sec.5082.Delmarva Conservation Corridor, Maryland and Delaware. I42Sec.5083.Massachusetts dredged material disposal sites. I42Sec.5084.Ontonagon Harbor, Michigan. I42Sec.5085.St. Clair River and Lake St. Clair, Michigan. I42Sec.5086.Crookston, Minnesota. I42Sec.5087.Garrison and Kathio Township, Minnesota. I42Sec.5088.Minneapolis, Minnesota. I42Sec.5089.Northeastern Minnesota. I42Sec.5090.Harrison, Hancock, and Jackson Counties, Mississippi. I42Sec.5091.Mississippi River, Missouri, and Illinois. I42Sec.5092.St. Louis, Missouri. I42Sec.5093.Acid Brook, Pompton Lakes, New Jersey. I42Sec.5094.Hackensack Meadowlands area, New Jersey. I42Sec.5095.Central New Mexico, New Mexico. I42Sec.5096.Atlantic Coast of New York. I42Sec.5097.College Point, New York City, New York. I42Sec.5098.Flushing Bay and Creek, New York City, New York. I42Sec.5099.Hudson River, New York. I42Sec.5100.Mount Morris Dam, New York. I42Sec.5101.Onondaga Lake, New York. I42Sec.5102.John H. Kerr Dam and Reservoir, North Carolina. I42Sec.5103.Stanly County, North Carolina. I42Sec.5104.W. Kerr Scott Dam and Reservoir, North Carolina. I42Sec.5105.Ohio. I42Sec.5106.Toussaint River, Ohio. I42Sec.5107.Eugene, Oregon. I42Sec.5108.John Day Lock and Dam, Lake Umatilla, Oregon and Washington. I42Sec.5109.Lowell, Oregon. I42Sec.5110.Allegheny County, Pennsylvania. I42Sec.5111.Lehigh River, Lehigh County, Pennsylvania. I42Sec.5112.Northeast Pennsylvania. I42Sec.5113.Upper Susquehanna River Basin, Pennsylvania and New York. I42Sec.5114.Cano Martin Pena, San Juan, Puerto Rico. I42Sec.5115.Beaufort and Jasper Counties, South Carolina. I42Sec.5116.Fritz Landing, Tennessee. I42Sec.5117.J. Percy Priest Dam and Reservoir, Tennessee. I42Sec.5118.Town Creek, Lenoir City, Tennessee. I42Sec.5119.Tennessee River partnership. I42Sec.5120.Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi. I42Sec.5121.Bosque River watershed, Texas. I42Sec.5122.Dallas Floodway, Dallas, Texas. I42Sec.5123.Harris County, Texas. I42Sec.5124.Onion Creek, Texas. I42Sec.5125.Dyke Marsh, Fairfax County, Virginia. I42Sec.5126.Eastern Shore and southwest Virginia. I42Sec.5127.James River, Virginia. I42Sec.5128.Baker Bay and Ilwaco Harbor, Washington. I42Sec.5129.Hamilton Island campground, Washington. I42Sec.5130.Puget Island, Washington. I42Sec.5131.Willapa Bay, Washington. I42Sec.5132.Bluestone, West Virginia. I42Sec.5133.West Virginia and Pennsylvania flood control. I42Sec.5134.Lower Kanawha River Basin, West Virginia. I42Sec.5135.Central West Virginia. I42Sec.5136.Southern West Virginia. I42Sec.5137.Johnsonville Dam, Johnsonville, Wisconsin. I42Sec.5138.Construction of flood control projects by non-Federal interests. I42Sec.5139.Use of Federal hopper dredge fleet. I74TITLEVI_FLORIDA EVERGLADES I42Sec.6001.Hillsboro and Okeechobee Aquifer, Florida. I42Sec.6002.Pilot projects. I42Sec.6003.Maximum cost of projects. I42Sec.6004.Project authorization. I42Sec.6005.Credit. I42Sec.6006.Outreach and assistance. I42Sec.6007.Critical restoration projects. I42Sec.6008.Deauthorizations. I42Sec.6009.Modified water delivery. I74TITLEVII_LOUISIANA COASTAL AREA I42Sec.7001.Definitions. I42Sec.7002.Additional Reports. I42Sec.7003.Coastal Louisiana ecosystem protection and restoration task force. I42Sec.7004.Investigations. I42Sec.7005.Construction. I42Sec.7006.Non-Federal cost share. I42Sec.7007.Project justification. I42Sec.7008.Statutory Construction. I74TITLEVIII_UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM I42Sec.8001.Definitions. I42Sec.8002.Navigation improvements and restoration. I42Sec.8003.Authorization of construction of navigation improvements. I42Sec.8004.Ecosystem restoration authorization. I42Sec.8005.Comparable progress. S6203 I72SEC. 2. DEFINITION OF SECRETARY. I20In this Act, the term ``Secretary'' means the Secretary of the Army. I78TITLE I_WATER RESOURCES PROJECTS I72SEC. 1001. PROJECT AUTHORIZATIONS. I20Except as otherwise provided in this section, the following projects for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports designated in this section: I22(1) T4Akutan, alaskaK._ I24(A) T4In generalK._The project for navigation, Akutan, Alaska: Report of the Chief of Engineers dated December 20, 2004, at a total cost of $19,700,000. I24(B) T4Treatment of certain dredgingK._The headlands dredging for the mooring basin shall be considered a general navigation feature for purposes of estimating the non-Federal share of the cost of the project. I22(2) T4Haines small boat harbor, haines, alaskaK._The project for navigation, Haines Small Boat Harbor, Haines, Alaska: Report of the Chief of Engineers dated December 20, 2004, at a total of $12,200,000, with an estimated Federal cost of $9,700,000 and an estimated non-Federal cost of $2,500,000. I22(3) T4Tanque verde creek, arizonaK._The project for environmental restoration, Tanque Verde Creek, Arizona: Report of the Chief of Engineers, dated July 22, 2003, at a total cost of $4,978,000, with an estimated Federal cost of $3,236,000 and an estimated non-Federal cost of $1,742,000. I22(4) T4Va shily' ay akimel, salt river restoration, arizonaK._The project for ecosystem restoration, Va Shily' Ay Akimel, Salt River, Arizona: Report of the Chief of Engineers dated January 3, 2005, at a total cost of $138,968,000, with an estimated Federal cost of $90,129,000 and an estimated non-Federal cost of $48,839,000. I22(5) T4Hamilton city, californiaK._The project for flood damage reduction and ecosystem restoration, Hamilton City, California: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $50,600,000, with an estimated Federal cost of $33,000,000 and estimated non-Federal cost of $17,600,000. I22(6) T4Imperial beach, californiaK._The project for storm damage reduction, Imperial Beach, California: Report of the Chief of Engineers, dated December 30, 2003, at a total cost of $11,862,000, with an estimated Federal cost of $7,592,000 and an estimated non-Federal cost of $4,270,000, and at an estimated total cost of $38,004,000 for periodic beach nourishment over the 50-year life of the project, with an estimated Federal cost of $19,002,000 and an estimated non-Federal cost of $19,002,000. I22(7) T4Matilija dam, ventura county, californiaK._The project for ecosystem restoration, Matilija Dam and Ventura River Watershed, Ventura County, California: Report of the Chief of Engineers dated December 20, 2004, at a total cost of $130,335,000, with an estimated Federal cost of $78,973,000 and an estimated non-Federal cost of $51,362,000. I22(8) T4Middle creek, lake county, californiaK._The project for ecosystem restoration and flood damage reduction, Middle Creek, Lake County, California: Report of the Chief of Engineers dated November 29, 2004, at a total cost of $41,793,000, with an estimated Federal cost of $27,256,000 and an estimated non-Federal cost of $14,537,000. I22(9) T4Napa river salt marsh, californiaK._ I24(A) T4In generalK._The project for ecosystem restoration, Napa River Salt Marsh, Nap River, California: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $100,500,000, with an estimated Federal cost of $64,000,000 and an estimated non-Federal cost of $36,500,000. I24(B) T4Project featuresK._In carrying out the project, the Secretary shall include construction of a recycled water pipeline extending from the Sonoma Valley County Sanitation District Waste Water Treatment Plant and the Napa Sanitation District Waste Water Treatment Plant as part of the project and restoration and enhancement of Salt Ponds 1, 1A, 2, and 3. I22(10) T4South platte river, denver, coloradoK._The project for environmental restoration Denver County Reach, South Platte River, Denver, Colorado: Report of the Chief of Engineers, dated May 16, 2003, at a total cost of $18,824,000, with an estimated Federal cost of $12,236,000 and an estimated non-Federal cost of $6,588,000. I22(11) T4Miami harbor, miami-dade county, floridaK._ I24(A) T4In generalK._The project for navigation, Miami Harbor, Miami-Dade County, Florida: Report of the Chief of Engineers dated April 25, 2005, at a total cost of $121,127,000, with an estimated Federal cost of $64,843,000 and an estimated non-Federal cost of $56,284,000. I24(B) T4General reevaluation reportK._The non-Federal share of the cost of the general reevaluation report that resulted in the report of the Chief of Engineers referred to in subparagraph (A) shall be the same percentage as the non-Federal share of cost of construction of the project. I24(C) T4AgreementK._The Secretary shall enter into a new partnership with the non-Federal interest to reflect the cost sharing required by subparagraph (B). I22(12) T4East st. louis and vicinity, illinoisK._The project for ecosystem restoration, East St. Louis and vicinity, Illinois: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $191,158,000, with an estimated Federal cost of $123,807,000 and an estimated non-Federal cost of $67,351,000. I22(13) T4Peoria riverfront, illinoisK._The project for environmental restoration, Peoria Riverfront, Illinois: Report of the Chief of Engineers, dated July 28, 2003, at a total cost of $16,000,000, with an estimated Federal cost of $10,400,000 and an estimated non-Federal cost of $5,600,000. I22(14) T4Bayou sorrel lock, louisianaK._The project for navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief of Engineers dated January 3, 2005, at a total cost of $9,000,000. The costs of construction of the project shall be paid \1/2\ from amounts appropriated from the general fund of the Treasury and \1/2\ from amounts appropriated from the Inland Waterways Trust Fund. I22(15) T4Morganza to the gulf of mexico, louisianaK._ I24(A) T4In generalK._The project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana: Reports of the Chief of Engineers, dated August 23, 2002, and July 22, 2003, at a total cost of $788,000,000 with an estimated Federal cost of $512,200,000 and an estimated non-Federal cost of $275,800,000. I24(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of design and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(16) T4Swope park industrial area, missouriK._The project for flood damage reduction, Swope Park Industrial Area, Missouri: Report of the Chief of Engineers, dated December 30, 2003, at a total cost of $15,683,000, with an estimated Federal cost of $10,194,000 and an estimated non-Federal cost of $5,489,000. I22(17) T4Manasquan to barnegat inlet, new jerseyK._The project for hurricane and storm damage reduction, Manasquan to Barnegat Inlet, New Jersey: Report of the Chief of Engineers dated December 30, 2003, at a total cost of $65,800,000, with an estimated Federal cost of $42,800,000 and an estimated non-Federal cost of $23,000,000, and at an estimated total cost of $108,000,000 for periodic beach nourishment over the 50-year life of the project, with an estimated Federal cost of $54,000,000 and an estimated non-Federal cost of $54,000,000. I22(18) T4South river, new jerseyK._The project for hurricane and storm damage reduction and environmental restoration, South River, New Jersey: Report of the Chief of Engineers, dated July 22, 2003, at a total cost of $112,623,000, with an estimated Federal cost of $73,205,000 and an estimated non-Federal cost of $39,418,000. I22(19) T4Southwest valley, albuquerque, new mexicoK._The project for flood damage reduction, Southwest Valley, Albuquerque, New Mexico: Report of the Chief of Engineers dated November 29, 2004, at a total cost of $19,494,000, with an estimated Federal cost of $12,671,000 and an estimated non-Federal cost of $6,823,000. I22(20) T4Corpus christi ship channel, corpus christi, texasK._The project for navigation and environmental restoration, Corpus Christi Ship Channel, Texas, Channel Improvement Project: Report of the Chief of Engineers dated June 2, 2003, at a total cost of $172,940,000, with an estimated Federal cost of $80,086,000 and an estimated non-Federal cost of $92,823,000. I22(21) T4Gulf intracoastal waterway, high island to brazos river, texasK._The project for navigation, Gulf Intracoastal Waterway, Sabine River to Corpus Christi, Texas: Report of the Chief of Engineers, dated April 16, 2004, at a total cost of $13,104,000. The costs of construction of the project are to be paid \1/2\ from amounts appropriated from the general fund of the Treasury and \1/2\ from amounts appropriated from the Inland Waterways Trust Fund. I22(22) T4Matagorda bay, texasK._The project for navigation, Gulf Intracoastal Waterway, Brazos River to Port O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief of Engineers, dated December 24, 2002, at a total cost of $15,960,000. The costs of construction of the project are to be paid \1/2\ from amounts appropriated from the general fund of the Treasury and \1/2\ from amounts appropriated from the Inland Waterways Trust Fund. I22(23) T4Riverside oxbow, fort worth, texasK._ I24(A) T4In generalK._The project for environmental restoration, Riverside Oxbow, Fort Worth, Texas: Report of the Chief of Engineers dated May 29, 2003, at a total cost of $25,200,000, with an estimated Federal cost of $10,400,000 and an estimated non-Federal cost of $14,800,000. I24(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of design and construction work carried out on the Beach Street Dam and associated features by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(24) T4Deep creek, chesapeake, virginiaK._The project for the Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek, Chesapeake, Virginia: Report of the Chief of Engineers, dated March 3, 2003, at a Federal cost of $35,573,000. I22(25) T4Chehalis river, centralia, washingtonK._ I24(A) T4In generalK._The project for flood damage reduction, Chehalis River, Centralia, Washington: Report of the Chief of Engineers dated September 27, 2004, at a total cost of $109,850,000, with an estimated Federal cost of $66,425,000 and an estimated non-Federal cost of $43,425,000. I24(B) T4CreditK._The Secretary shall_ I26(i) credit up to $6,500,000 toward the non-Federal share of the cost of the project for the cost of planning and design work carried out by the non-Federal interest in accordance with the project study plan dated November 28, 1999; and I26(ii) credit toward the non-Federal share of the cost of the project the cost of design and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I24(C) T4Additional flood storage at skookumchuck damK._The Secretary shall integrate into the project the locally preferred plan to provide an additional 9,000 acre-feet of storage capacity at Skookumchuck Dam, Washington, upon a determination by the Secretary that providing such additional storage capacity is feasible. I72SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION. I20(a) T5In GeneralK._The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s): I22(1) T4Haleyville, alabamaK._Project for flood damage reduction, Haleyville, Alabama. I22(2) T4Weiss lake, alabamaK._Project for flood damage reduction, Weiss Lake, Alabama. I22(3) T4Chino valley wash, arizonaK._Project for flood damage reduction, Chino Valley Wash, Arizona. I22(4) T4Little colorado river levee, arizonaK._Project for flood damage reduction, Little Colorado River Levee, Arizona. I22(5) T4Cache river basin, grubbs, arkansasK._Project for flood damage reduction, Cache River Basin, Grubbs, Arkansas. I22(6) T4Barrel springs wash, palmdale, californiaK._Project for flood damage reduction, Barrel Springs Wash, Palmdale, California. I22(7) T4Borrego springs, californiaK._Project for flood damage reduction, Borrego Springs, California. I22(8) T4Colton, californiaK._Project for flood damage reduction, Colton, California. I22(9) T4Dunlap stream, san bernardino, californiaK._Project for flood damage reduction, Dunlap Stream, San Bernardino, California. I22(10) T4Hunts canyon wash, palmdale, californiaK._Project for flood damage reduction, Hunts Canyon Wash, Palmdale, California. I22(11) T4Wildwood creek, yucaipa, californiaK._Project for flood damage reduction, Wildwood Creek, Yucaipa, California. I22(12) T4Utica and vicinity, illinoisK._Project for flood damage reduction, Utica and vicinity, Illinois. I22(13) T4Des moines and raccoon rivers, iowaK._Project for flood damage reduction, Des Moines and Raccoon Rivers, Iowa. I22(14) T4Peabody, massachusettsK._Project for flood damage reduction, Peabody, Massachusetts. I22(15) T4Salem, massachusettsK._Project for flood damage reduction, Salem, Massachusetts. I22(16) T4Cass river, michiganK._Project for flood damage reduction, Cass River, Vassar and vicinity, Michigan. I22(17) T4Crow river, rockford, minnesotaK._Project for flood damage reduction, Crow River, Rockford, Minnesota. I22(18) T4Itasca county, minnesotaK._Project for flood damage reduction, Trout Lake and Canisteo Pit, Itasca County, Minnesota. I22(19) T4Marsh creek, minnesotaK._Project for flood damage reduction, Marsh Creek, Minnesota. I22(20) T4Roseau river, roseau, minnesotaK._Project for flood damage reduction, Roseau River, Roseau, Minnesota. I22(21) T4South branch of the wild rice river, borup, minnesotaK._Project for flood damage reduction, South Branch of the Wild Rice River, Borup, Minnesota. I22(22) T4Blacksnake creek, st. joseph, missouriK._Project for flood damage reduction, Blacksnake Creek, St. Joseph, Missouri. I22(23) T4Cannisteo river, addison, new yorkK._Project for flood damage reduction, Cannisteo River, Addison, New York. I22(24) T4Cohocton river, campbell, new yorkK._Project for flood damage reduction, Cohocton River, Campbell, New York. I22(25) T4East river, silver beach, new york city, new yorkK._Project for flood damage reduction, East River, Silver Beach, New York City, New York. I22(26) T4East valley creek, andover, new yorkK._Project for flood damage reduction, East Valley Creek, Andover, New York. I22(27) T4Sunnyside brook, westchester county, new yorkK._Project for flood damage reduction, Sunnyside Brook, Westchester County, New York. I22(28) T4Little yankee run, ohioK._Project for flood damage reduction, Little Yankee Run, Ohio. I22(29) T4Little neshaminy creek, warrenton, pennsylvaniaK._Project for flood damage reduction, Little Neshaminy Creek, Warrenton, Pennsylvania. I22(30) T4Southampton creek watershed, southampton, pennsylvaniaK._Project for flood damage reduction, Southampton Creek watershed, Southampton, Pennsylvania. I22(31) T4Spring creek, lower macungie township, pennsylvaniaK._Project for flood damage reduction, Spring Creek, Lower Macungie Township, Pennsylvania. I22(32) T4Yardley aqueduct, silver and brock creeks, yardley, pennsylvaniaK._Project for flood damage reduction, Yardley Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania. I22(33) T4Surfside beach, south carolinaK._Project for flood damage reduction, Surfside Beach and vicinity, South Carolina. I22(34) T4Congelosi ditch, missouri city, texasK._Project for flood damage reduction, Congelosi Ditch, Missouri City, Texas. I22(35) T4Dilley, texasK._Project for flood damage reduction, Dilley, Texas. I20(b) T5Special RulesK._ I22(1) T4Cache river basin, grubbs, arkansasK._The Secretary may proceed with the project for the Cache River Basin, Grubbs, Arkansas, referred to in subsection (a)(5), notwithstanding that the project is located within the boundaries of the flood control project, Cache River Basin, Arkansas and Missouri, authorized by section 204 of the Flood Control Act of 1950, (64 Stat. 172) and modified by section 99 of the Water Resources Development Act of 1974 (88 Stat. 41). I22(2) T4Wildwood creek, yucaipa, californiaK._The Secretary shall review the locally prepared plan for the project for flood damage, Wildwood Creek, California, referred to in subsection (a)(11) and, if the Secretary determines that the plan meets the evaluation and design standards of the Corps of Engineers and that the plan is feasible, the Secretary may use the plan to carry out the project and shall provide credit toward the non-Federal share of the cost of the project for the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(3) T4Borup, minnesotaK._In carrying out the project for flood damage reduction, South Branch of the Wild Rice River, Borup, Minnesota, referred to in subsection (a)(21) the Secretary may consider national ecosystem restoration benefits in determining the Federal interest in the project and shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project. I22(4) T4Itasca county, minnesotaK._In carrying out the project for flood damage reduction, Itasca County, Minnesota, referred to in subsection (a)(18) the Secretary may consider national ecosystem restoration benefits in determining the Federal interest in the project. I22(5) T4Dilley, texasK._The Secretary shall carry out the project for flood damage reduction, Dilley, Texas, referred to in subsection (a)(35) if the Secretary determines that the project is feasible. I72SEC. 1003. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION. I20The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r): I22(1) T4Ouachita and black rivers, arkansas and louisianaK._Projects for emergency streambank protection, Ouachita and Black Rivers, Arkansas and Louisiana. I22(2) T4Franklin point park, anne arundel county, marylandK._Project for emergency streambank protection, Franklin Point Park, Anne Arundel County, Maryland. I22(3) T4Mayo beach park, anne arundel county, marylandK._Project for emergency streambank protection, Mayo Beach Park, Anne Arundel County, Maryland. I22(4) T4Piney point lighthouse, st. mary's county, marylandK._Project for emergency streambank protection, Piney Point Lighthouse, St. Mary's County, Maryland. I22(5) T4St. joseph harbor, michiganK._Project for emergency streambank protection, St. Joseph Harbor, Michigan. I22(6) T4Pug hole lake, minnesotaK._Project for emergency streambank protection, Pug Hole Lake, Minnesota. I22(7) T4Middle fork grand river, gentry county, missouriK._Project for emergency streambank protection, Middle Fork Grand River, Gentry County, Missouri. I22(8) T4Platte river, platte city, missouriK._Project for emergency streambank protection, Platte River, Platte City, Missouri. I22(9) T4Rush creek, parkville, missouriK._Project for emergency streambank protection, Rush Creek, Parkville, Missouri, including measures to address degradation of the creek bed. I22(10) T4Keuka lake, hammondsport, new yorkK._Project for emergency streambank protection, Keuka Lake, Hammondsport, New York. I22(11) T4Kowawese unique area and hudson river, new windsor, new yorkK._Project for emergency streambank protection, Kowawese Unique Area and Hudson River, New Windsor, New York. I22(12) T4Howard road outfall, shelby county, tennesseeK._Project for emergency streambank protection, Howard Road outfall, Shelby County, Tennessee. I22(13) T4Mitch farm ditch and lateral d, shelby county, tennesseeK._Project for emergency streambank protection, Mitch Farm Ditch and Lateral D, Shelby County, Tennessee. I22(14) T4Wolf river tributaries, shelby county, tennesseeK._Project for emergency streambank protection, Wolf River tributaries, Shelby County, Tennessee. I22(15) T4Johnson creek, arlington, texasK._Project for emergency streambank protection, Johnson Creek, Arlington, Texas. I22(16) T4Wells river, newbury, vermontK._Project for emergency streambank protection, Wells River, Newbury, Vermont. I72SEC. 1004. SMALL PROJECTS FOR NAVIGATION. I20(a) T5In GeneralK._The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577): I22(1) T4Blytheville county harbor, arkansasK._Project for navigation, Blytheville County Harbor, Arkansas. I22(2) T4Mahukona beach park, hawaiiK._Project for navigation, Mahukona Beach Park, Hawaii. I22(3) T4North kohala harbor, hawaiiK._Project for navigation, North Kohala Harbor in the vicinity of Kailua Kona, Hawaii. I22(4) T4Wailoa small boat harbor, hawaiiK._Project for navigation, Wailoa Small Boat Harbor, Hawaii. I22(5) T4Mississippi river ship channel, louisianaK._Project for navigation, Mississippi River Ship Channel, Louisiana. I22(6) T4Port tobacco river and goose creek, marylandK._Project for navigation, Port Tobacco River and Goose Creek, Maryland. I22(7) T4St. jerome creek, st. mary's county, marylandK._Project for navigation, St. Jerome Creek, St. Mary's County, Maryland. I22(8) T4East basin, cape cod canal, sandwich, massachusettsK._Project for navigation, East Basin, Cape Cod Canal, Sandwich, Massachusetts. I22(9) T4Lynn harbor, lynn, massachusettsK._Project for navigation, Lynn Harbor, Lynn, Massachusetts. I22(10) T4Merrimack river, haverhill, massachusettsK._Project for navigation, Merrimack River, Haverhill, Massachusetts. I22(11) T4Oak bluffs harbor, oak bluffs, massachusettsK._Project for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts. I22(12) T4Woods hole great harbor, falmouth, massachusettsK._Project for navigation, Woods Hole Great Harbor, Falmouth, Massachusetts. I22(13) T4Au sable river, michiganK._Project for navigation, Au Sable River in the vicinity of Oscoda, Michigan. I22(14) T4Traverse city harbor, traverse city, michiganK._Project for navigation, Traverse City Harbor, Traverse City, Michigan. I20(b) T5Special RulesK._ I22(1) T4Blytheville county harbor, arkansasK._The Secretary shall carry out the project for navigation, Blytheville County Harbor, Arkansas, referred to in subsection (a)(1) if the Secretary determines that the project is feasible. I22(2) T4Traverse city harbor, traverse city, michiganK._The Secretary shall review the locally prepared plan for the project for navigation, Traverse City Harbor, Michigan, referred to in subsection (a)(14), and, if the Secretary determines that the plan meets the evaluation and design standards of the Corps of Engineers and that the plan is feasible, the Secretary may use the plan to carry out the project and shall provide credit toward the non-Federal share of the cost of the project for the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE ENVIRONMENT. I20The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is appropriate, may carry out the project under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a): I22(1) T4Ballona creek, los angeles county, californiaK._Project for improvement of the quality of the environment, Ballona Creek, Los Angeles County, California. I22(2) T4Ballona lagoon tide gates, marina del rey, californiaK._Project for improvement of the quality of the environment, Ballona Lagoon Tide Gates, Marina Del Rey, California. I22(3) T4Rathbun lake, iowaK._Project for improvement of the quality of the environment, Rathbun Lake, Iowa. I22(4) T4Smithville lake, missouriK._Project for improvement of the quality of the environment, Smithville Lake, Missouri. I22(5) T4Delaware bay, new jersey and delawareK._Project for improvement of the quality of the environment, Delaware Bay, New Jersey and Delaware, for the purpose of oyster restoration. I22(6) T4Tioga-hammond lakes, pennsylvaniaK._Project for improvement of the quality of the environment, Tioga-Hammond Lakes, Pennsylvania. I72SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION. I20The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is appropriate, may carry out the project under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330): I22(1) T4Cypress creek, montgomery, alabamaK._Project for aquatic ecosystem restoration, Cypress Creek, Montgomery, Alabama. I22(2) T4Ben lomond dam, santa cruz, californiaK._Project for aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz, California. I22(3) T4Dockweiler bluffs, los angeles county, californiaK._Project for aquatic ecosystem restoration, Dockweiler Bluffs, Los Angeles County, California. I22(4) T4Salt river, californiaK._Project for aquatic ecosystem restoration, Salt River, California. I22(5) T4Santa rosa creek, santa rosa, californiaK._Project for aquatic ecosystem restoration, Santa Rosa Creek in the vicinity of the Prince Memorial Greenway, Santa Rosa, California. I22(6) T4Stockton deep water ship channel and lower san joaquin river, californiaK._Project for aquatic ecosystem restoration, Stockton Deep Water Ship Channel and lower San Joaquin River, California. I22(7) T4Sweetwater reservoir, san diego county, californiaK._Project for aquatic ecosystem restoration, Sweetwater Reservoir, San Diego County, California, including efforts to address invasive aquatic plant species. I22(8) T4Bayou texar, pensacola, floridaK._Project for aquatic ecosystem restoration, Bayou Texar, Pensacola, Florida. I22(9) T4Biscayne bay, floridaK._Project for aquatic ecosystem restoration, Biscayne Bay, Key Biscayne, Florida. I22(10) T4Clam bayou and dinkins bayou, sanibel island, floridaK._Project for aquatic ecosystem restoration, Clam Bayou and Dinkins Bayou, Sanibel Island, Florida. I22(11) T4Destin harbor, floridaK._Project for aquatic ecosystem restoration, Destin Harbor, Florida. I22(12) T4Chattahoochee fall line, georgia and alabamaK._Project for aquatic ecosystem restoration, Chattahoochee Fall Line, Georgia and Alabama. I22(13) T4Longwood cove, gainesville, georgiaK._Project for aquatic ecosystem restoration, Longwood Cove, Gainesville, Georgia. I22(14) T4City park, university lakes, louisianaK._Project for aquatic ecosystem restoration, City Park, University Lakes, Louisiana. I22(15) T4Mill pond, littleton, massachusettsK._Project for aquatic ecosystem restoration, Mill Pond, Littleton, Massachusetts. I22(16) T4Pine tree brook, milton, massachusettsK._Project for aquatic ecosystem restoration, Pine Tree Brook, Milton, Massachusetts. I22(17) T4Kalamazoo river watershed, battle creek, michiganK._Project for aquatic ecosystem restoration, Kalamazoo River watershed, Battle Creek, Michigan. I22(18) T4Rush lake, minnesotaK._Project for aquatic ecosystem restoration, Rush Lake, Minnesota. I22(19) T4South fork of the crow river, hutchinson, minnesotaK._Project for aquatic ecosystem restoration, South Fork of the Crow River, Hutchinson, Minnesota. I22(20) T4St. louis county, missouriK._Project for aquatic ecosystem restoration, St. Louis County, Missouri. I22(21) T4Truckee river, reno, nevadaK._Project for aquatic ecosystem restoration, Truckee River, Reno, Nevada, including features for fish passage. I22(22) T4Grover's mill pond, new jerseyK._Project for aquatic ecosystem restoration, Grover's Mill Pond, New Jersey. I22(23) T4Dugway creek, bratenahl, ohioK._Project for aquatic ecosystem restoration, Dugway Creek, Bratenahl, Ohio. I22(24) T4Johnson creek, gresham, oregonK._Project for aquatic ecosystem restoration, Johnson Creek, Gresham, Oregon. I22(25) T4Beaver creek, beaver and salem, pennsylvaniaK._Project for aquatic ecosystem restoration, Beaver Creek, Beaver and Salem, Pennsylvania. I22(26) T4Cementon dam, lehigh river, pennsylvaniaK._Project for aquatic ecosystem restoration, Cementon Dam, Lehigh River, Pennsylvania. I22(27) T4Delaware river, philadelphia naval shipyard, pennsylvaniaK._Project for aquatic ecosystem restoration, Delaware River in the vicinity of the Philadelphia Naval Shipyard, Pennsylvania. I22(28) T4Saucon creek, northampton county, pennsylvaniaK._Project for aquatic ecosystem restoration, Saucon Creek, Northampton County, Pennsylvania. I22(29) T4Blackstone river, rhode islandK._Project for aquatic ecosystem restoration, Blackstone River, Rhode Island. I22(30) T4Wilson branch, cheraw, south carolinaK._Project for aquatic ecosystem restoration, Wilson Branch, Cheraw, South Carolina. I22(31) T4White river, bethel, vermontK._Project for aquatic ecosystem restoration, White River, Bethel, Vermont. I72SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION. I20The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 3 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g): I22(1) T4Nelson lagoon, alaskaK._Project for shoreline protection, Nelson Lagoon, Alaska. I22(2) T4Sanibel island, floridaK._Project for shoreline protection, Sanibel Island, Florida. I22(3) T4Apra harbor, guamK._Project for shoreline protection, Apra Harbor, Guam. I22(4) T4Piti, cabras island, guamK._Project for shoreline protection, Piti, Cabras Island, Guam. I22(5) T4Narrows and gravesend bay, upper new york bay, brooklyn, new yorkK._Project for shoreline protection in the vicinity of the confluence of the Narrows and Gravesend Bay, Upper New York Bay, Brooklyn, New York. I22(6) T4Delaware river, philadelphia naval shipyard, pennsylvaniaK._Project for shoreline protection, Delaware River in the vicinity of the Philadelphia Naval Shipyard, Pennsylvania. I22(7) T4Port aransas, texasK._Project for shoreline protection, Port Aransas, Texas. I72SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL. I20The Secretary shall conduct a study for the following project and, if the Secretary determines that the project is feasible, the Secretary may carry out the project under section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g): Project for removal of snags and clearing and straightening of channels for flood control, Kowawese Unique Area and Hudson River, New Windsor, New York. I78TITLE II_GENERAL PROVISIONS I72SEC. 2001. NON-FEDERAL CONTRIBUTIONS. I20Section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) is amended by adding at the end the following: I20``(n) T5Non-Federal ContributionsK._ I22``(1) T4Prohibition on solicitation of excess contributionsK._The Secretary may not solicit contributions from non-Federal interests for costs of constructing authorized water resources development projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c) or condition Federal participation in such projects or measures on the receipt of such contributions. I22``(2) T4Limitation on statutory constructionK._Nothing in this subsection shall be construed to affect the Secretary's authority under section 903(c) of this Act.''T1. I72SEC. 2002. HARBOR COST SHARING. I20(a) T5Payments During ConstructionK._Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended in each of subparagraphs (B) and (C) by striking ``45 feet'' and inserting ``53 feet''. I20(b) T5Operation and MaintenanceK._Section 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended by striking ``45 feet'' and inserting ``53 feet''. I20(c) T5DefinitionsK._Section 214 of such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended in each of paragraphs (1) and (3) by striking ``45 feet'' and inserting ``53 feet''. I20(d) T5ApplicabilityK._The amendments made by subsections (a), (b), and (c) shall apply only to a project, or separable element of a project, on which a contract for physical construction has not been awarded before October 1, 2003. I20(e) T5Revision of Partnership AgreementK._The Secretary shall revise any partnership agreement entered into after October 1, 2003, for any project to which the amendments made by subsections (a), (b), and (c) apply to take into account the change in non-Federal participation in the project as a result of such amendments. I72SEC. 2003. FUNDING TO PROCESS PERMITS. I20Section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836) is amended_ I22(1) in subsection (a) by striking ``In fiscal years 2001 through 2005, the'' and inserting ``The''; and I22(2) by adding at the end the following: I20``(c) T5Duration of AuthorityK._The authority provided under this section shall be in effect from October 1, 2000, through December 31, 2007.''T1. I72SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. I20(a) T5Extension of ProgramK._Section 5(a) of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426h(a)), is amended by striking ``6 years'' and inserting ``10 years''. I20(b) T5Extension of Planning, Design, and Construction PhaseK._Section 5(b)(1)(A) of such Act (33 U.S.C. 426h(b)(1)(A)) is amended by striking ``3 years'' and inserting ``6 years''. I20(c) T5Cost Sharing; Removal of ProjectsK._Section 5(b) of such Act (33 U.S.C. 426h(b)) is amended_ I22(1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and I22(2) by inserting after paragraph (2) the following: I22``(3) T4Cost sharingK._The Secretary may enter into a cost sharing agreement with a non-Federal interest to carry out a project, or a phase of a project, under the erosion control program in cooperation with the non-Federal interest. I22``(4) T4Removal of projectsK._The Secretary may pay all or a portion of the costs of removing a project, or an element of a project, constructed under the erosion control program if the Secretary determines during the term of the program that the project or element is detrimental to the environment, private property, or public safety.''T1. I20(d) T5Authorization of AppropriationsK._Section 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended by striking ``$21,000,000'' and inserting ``$31,000,000''. I72SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND PROTECTION PROJECTS. I20Section 3 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g), is amended by striking ``$3,000,000'' and inserting ``$5,000,000''. I72SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS. I20(a) T5Partnership AgreementsK._Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b) is amended_ I22(1) in subsection (a)_ I24(A) by striking ``under the provisions'' and all that follows through ``under any other'' and inserting ``under any''; I24(B) by striking ``to furnish its required cooperation for'' and inserting ``under which each party agrees to carry out its responsibilities and requirements for implementation or construction of''; and I24(C) by inserting after ``$25,000.'' the following: ``Such agreement may include a provision for damages in the event of a failure of one or more parties to perform.''; I22(2) by redesignating subsection (e) as subsection (f); and I22(3) by inserting after subsection (d) the following: I20``(e) T5LimitationK._Nothing in subsection (a) shall be construed as limiting the authority of the Secretary to ensure that an agreement under this section meets all requirements of law and policies of the Secretary in effect on the date of entry into the agreement.''T1. I20(b) T5Local CooperationK._Section 912(b) of the Water Resources Development Act of 1986 (101 Stat. 4190) is amended_ I22(1) in paragraph (2)_ I24(A) by striking ``shall'' the first place it appears and inserting ``may''; and I24(B) by striking the last sentence; and I22(2) in paragraph (4)_ I24(A) by inserting after ``injunction, for'' the following: ``payment of damages or, for''; I24(B) by striking ``to collect a civil penalty imposed under this section,''; and I24(C) by striking ``any civil penalty imposed under this section,'' and inserting ``any damages,''. I20(c) T5ApplicabilityK._The amendments made by subsections (a) and (b) only apply to partnership agreements entered into after the date of enactment of this Act; except that at the request of a non-Federal interest for a project, the district engineer for the district in which the project is located may amend a project partnership agreement entered into on or before such date and under which construction on the project has not been initiated as of such date of enactment for the purpose of incorporating such amendments. I20(d) T5Partnership and Cooperative ArrangementsK._ I22(1) T4In generalK._A goal of agreements entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095(b)) shall be to further partnership and cooperative arrangements, and the agreements shall be referred to as ``partnership agreements''. I22(2) T4References to cooperation agreementsK._Any reference in a law, regulation, document, or other paper of the United States to a cooperation agreement or project cooperation agreement shall be considered to be a reference to a partnership agreement or a project partnership agreement, respectively. I22(3) T4References to partnership agreementsK._Any reference to a partnership agreement or project partnership agreement in this Act (other than this section) shall be considered as a reference to a cooperation agreement or a project cooperation agreement, respectively. I20(e) T5Delegation of AuthorityK._Not later than September 30, 2006, the Secretary shall issue policies and guidelines for partnership agreements that delegate to the district engineers, at a minimum_ I22(1) the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary; I22(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; I22(3) the authority to approve any partnership agreement that complies with the policies and guidelines issued by the Secretary; and I22(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. I20(f) T5Report to CongressK._Not later than 2 years after the date of enactment of this Act, and every year thereafter, the Secretary shall submit to Congress a report detailing the following: I22(1) the number of partnership agreements signed by district engineers and the number of partnership agreements signed by the Secretary, and I22(2) for any partnership agreement signed by the Secretary, an explanation of why delegation to the district engineer was not appropriate. I20(g) T5Public AvailabilityK._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. 1962dÿ095(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. I72SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, AND REUSE. I20(a) T5In GeneralK._The Secretary may provide to State and local governments assessment, planning, and design assistance for remediation, environmental restoration, or reuse of areas located within the boundaries of such State or local governments where such remediation, environmental restoration, or reuse will contribute to the improvement of water quality or the conservation of water and related resources of drainage basins and watersheds within the United States. I20(b) T5Non-Federal ShareK._The non-Federal share of the cost of assistance provided under subsection (a) shall be 50 percent. I20(c) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2006 through 2010. I72SEC. 2008. COMPILATION OF LAWS. I20Within one year after the date of enactment of this Act, the laws of the United States relating to the improvement of rivers and harbors, flood control, beach erosion, and other water resources development enacted after November 8, 1966, and before January 1, 2006, shall be compiled under the direction of the Secretary and the Chief of Engineers and printed for the use of the Department of the Army, Congress, and the general public. The Secretary shall reprint the volumes containing such laws enacted before November 8, 1966. In addition, the Secretary shall include an index in each volume so compiled or reprinted. Not later than December 1, 2006, the Secretary shall transmit at least 25 copies of each such volume to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. The Secretary shall also ensure that such compilations are available through electronic means, including the Internet. I72SEC. 2009. DREDGED MATERIAL DISPOSAL. I20Section 217 of the Water Resources Development Act of 1996 (33 U.S.C. 2326a; 110 Stat. 3694ÿ093696) is amended_ I22(1) by redesignating subsection (c) as subsection (d); I22(2) by inserting after subsection (b) the following: I20``(c) T5Governmental PartnershipsK._ I22``(1) T4In generalK._The Secretary may enter into cost sharing agreements with one or more non-Federal public interests with respect to a project, or group of projects within a geographic region if appropriate, for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial uses of dredged material, which may include effective sediment contaminant reduction technologies) using funds provided in whole or in part by the Federal Government. One or more of the parties of the agreement may perform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, or disposal facility. If appropriate, the Secretary may combine portions of separate construction or maintenance appropriations from separate Federal projects with the appropriate combined cost sharing between the various projects when the facility serves to manage dredged material from multiple Federal projects located in the geographic region of the facility. I22``(2) T4Public financingK._ I24``(A) T4AgreementsK._ I26``(i) T4Specified federal funding sources and cost sharingK._The cost-sharing agreement used shall clearly specify the Federal funding sources and combined cost sharing when applicable to multiple Federal navigation projects and the responsibilities and risks of each of the parties related to present and future dredged material managed by the facility. I26``(ii) T4Management of sedimentsK._The cost-sharing agreement may include the management of sediments from the maintenance dredging of Federal navigation projects that do not have partnership agreements. The cost-sharing agreement may allow the non-Federal sponsor to receive reimbursable payments from the Federal Government for commitments made by the sponsor for disposal or placement capacity at dredged material treatment, processing, contaminant reduction, or disposal facilities. I26``(iii) T4CreditK._The cost-sharing agreement may allow costs incurred prior to execution of a partnership agreement for construction or the purchase of equipment or capacity for the project to be credited according to existing cost-sharing rules. I24``(B) T4CreditK._Nothing in this subsection supersedes or modifies existing agreements between the Federal Government and any non-Federal sponsors for the cost sharing, construction, and operation and maintenance of Federal navigation projects. Subject to the approval of the Secretary and in accordance with existing laws, regulations, and policies, a non-Federal public sponsor of a Federal navigation project may seek credit for funds provided in the acquisition, design, construction, management, or operation of a dredged material processing, treatment, or disposal facility to the extent the facility is used to manage dredged material from the Federal navigation project. The non-Federal sponsor shall be responsible for providing all necessary lands, easements, rights-of-way, or relocations associated with the facility and shall receive credit for these items.''T1; and I22(3) in each of subsections (d)(1) and (d)(2)(A), as so redesignated_ I24(A) by inserting ``and maintenance'' after ``operation''; and I24(B) by inserting ``processing, treatment, or'' after ``dredged material'' the first place it appears. I72SEC. 2010. WETLANDS MITIGATION. I20In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, to the maximum extent practicable and where appropriate, shall give preference to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations). I72SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. I20(a) T5In GeneralK._In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that_ I22(1)T1(A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; or I22(B) the project would be located in the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa; I22(2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the community served by the harbor and navigation improvement; and I22(3) the long-term viability of the community would be threatened without the harbor and navigation improvement. I20(b) T5JustificationK._In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to_ I22(1) public health and safety of the local community, including access to facilities designed to protect public health and safety; I22(2) access to natural resources for subsistence purposes; I22(3) local and regional economic opportunities; I22(4) welfare of the local population; and I22(5) social and cultural value to the community. I72SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL. I20(a) T5In GeneralK._Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended by striking subsections (c) through (g) and inserting the following: I20``(c) T5In GeneralK._The Secretary may carry out projects to transport and place sediment obtained in connection with the construction, operation, or maintenance of an authorized water resources project at locations selected by a non-Federal entity for use in the construction, repair, or rehabilitation of projects determined by the Secretary to be in the public interest and associated with navigation, flood damage reduction, hydroelectric power, municipal and industrial water supply, agricultural water supply, recreation, hurricane and storm damage reduction, aquatic plant control, and environmental protection and restoration. I20``(d) T5Cooperative AgreementK._Any project undertaken pursuant to this section shall be initiated only after non-Federal interests have entered into an agreement with the Secretary in which the non-Federal interests agree to pay the non-Federal share of the cost of construction of the project and 100 percent of the cost of operation, maintenance, replacement, and rehabilitation of the project in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). I20``(e) T5Special RuleK._Construction of a project under subsection (a) for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which will be located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense. I20``(f) T5Determination of Construction CostsK._Costs associated with construction of a project under this section shall be limited solely to construction costs that are in excess of those costs necessary to carry out the dredging for construction, operation, or maintenance of the authorized water resources project in the most cos- effective way, consistent with economic, engineering, and environmental criteria. I20``(g) T5Selection of Sediment Disposal MethodK._In developing and carrying out a water resources project involving the disposal of sediment, the Secretary may select, with the consent of the non-Federal interest, a disposal method that is not the least cost option if the Secretary determines that the incremental costs of such disposal method are reasonable in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion. The Federal share of such incremental costs shall be determined in accordance with subsections (d) and (f). I20``(h) T5Nonprofit EntitiesK._Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b), for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government. I20``(i) T5Authorization of AppropriationsK._There is authorized to be appropriated $30,000,000 annually for projects under this section of which not more than $3,000,000 annually may be used for construction of projects described in subsection (e). Such sums shall remain available until expended. I20``(j) T5Regional Sediment Management PlanningK._In consultation with appropriate State and Federal agencies, the Secretary may develop, at Federal expense, plans for regional management of sediment obtained in conjunction with the construction, operation, or maintenance of water resources projects, including potential beneficial uses of sediment for construction, repair, or rehabilitation of public projects for navigation, flood damage reduction, hydroelectric power, municipal and industrial water supply, agricultural water supply, recreation, hurricane and storm damage reduction, aquatic plant control, and environmental protection and restoration. I20``(k) T5Use of FundsK._ I22``(1) T4Non-federal interestK._The non-Federal interest for a project described in this section may use, and the Secretary shall accept, funds provided under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of such project if such funds are authorized to be used to carry out such project. I22``(2) T4Other federal agenciesK._The non-Federal share of the cost of construction of a project under this section may be met through contributions from a Federal agency made directly to the Secretary, with the consent of the affected local government, if such funds are authorized to be used to carry out such project. Before initiating a project to which this paragraph applies, the Secretary shall enter into an agreement with a non-Federal interest in which the non-Federal interest agrees to pay 100 percent of the cost of operation, maintenance, replacement, and rehabilitation of the project.''T1. I20(b) T5RepealK._ I22(1) T4In generalK._Section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j) is repealed. I22(2) T4Hold harmlessK._The repeal made by paragraph (1) shall not affect the authority of the Secretary to complete any project being carried out under such section 145 on the day before the date of enactment of this Act. I20(c) T5Priority AreasK._In carrying out section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), the Secretary shall give priority to the following: I22(1) A project at Little Rock Slackwater Harbor, Arkansas. I22(2) A project at Egmont Key, Florida. I22(3) A project in the vicinity of Calcasieu Ship Channel, Louisiana. I22(4) A project in the vicinity of the Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York. I22(5) A project in the vicinity of Morehead City, North Carolina. I22(6) A project in the vicinity of Galveston Bay, Texas. I72SEC. 2013. COST-SHARING PROVISIONS FOR CERTAIN AREAS. I20Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended to read as follows: I72``SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN AREAS. I20``(a) T5In GeneralK._The Secretary shall waive local cost-sharing requirements up to $500,000 for all studies and projects in the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands, in Indian country (as defined in section 1151 of title 18, United States Code, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or on land in the State of Alaska owned by an Alaska Native Regional Corporation or an Alaska Native Village Corporation (as those terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) or the Metlakatla Indian community. I20``(b) T5Use of FundsK._The non-Federal interest for a study or project for an area described in subsection (a) may use, and the Secretary shall accept, funds provided under any other Federal program, to satisfy, in whole or in part, the non-Federal share of such study or project if such funds are authorized to be used to carry out such study or project.''T1. I72SEC. 2014. REVISION OF PROJECT PARTNERSHIP AGREEMENT. I20Upon authorization by law of an increase in the maximum amount of Federal funds that may be allocated for a project or an increase in the total cost of a project authorized to be carried out by the Secretary, the Secretary shall revise the project partnership agreement for the project to take into account the change in Federal participation in the project. I72SEC. 2015. COST SHARING. I20An increase in the maximum amount of Federal funds that may be allocated for a project or an increase in the total cost of a project authorized to be carried out by the Secretary shall not affect any cost-sharing requirement applicable to the project under title I of the Water Resources Development Act of 1986 (33 U.S.C. 2211 et seq.). I72SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PARTNERSHIP AGREEMENT. I20If the Secretary is authorized to credit toward the non-Federal share the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project and such work has not been carried out as of the date of enactment of this Act, the Secretary shall enter into an agreement with the non-Federal interest for the project under which the non-Federal interest shall carry out such work, and the credit shall apply only to work carried out under the agreement. I72SEC. 2017. RECREATION USER FEE REVENUES. I20Section 225 of the Water Resources Development Act of 1999 (113 Stat. 297ÿ09298) is amended_ I22(1) in subsection (a)(1)_ I24(A) by striking ``During fiscal years 1999 through 2002, the'' and inserting ``The''; and I24(B) by striking ``$34,000,000'' and inserting ``$42,000,000''; and I22(2) in subsection (a)(3) by striking ``September 30, 2005'' and inserting ``expended''. I72SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD DAMAGE REDUCTION. I20The Secretary shall expedite any authorized planning, design, and construction of any project for flood damage reduction for an area that, within the preceding 5 years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient severity and magnitude to warrant a declaration of a major disaster by the President under the Robert T. Stafford Disaster and Emergency Relief Act (42 U.S.C. 5121 et seq.). I72SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. I20(a) T5In GeneralK._Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a; 114 Stat. 2587ÿ092588; 100 Stat. 4164) is amended_ I22(1) in subsection (d)_ I24(A) by striking ``and'' at the end of paragraph (4); I24(B) by striking the period at the end of paragraph (5) and inserting ``; and''; and I24(C) by adding at the end the following: I22``(6) Tuscarawas River Basin, Ohio; I22``(7) Sauk River Basin, Snohomish and Skagit Counties, Washington; I22``(8) Niagara River Basin, New York; and I22``(9) Genesee River Basin, New York.''T1; I22(2) by striking paragraph (1) of subsection (f) and inserting the following: I22``(1) T4Non-federal shareK._The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent.''T1; and I22(3) by striking subsection (g). I20(b) T5Revision of Partnership AgreementK._The Secretary shall revise the partnership agreement for any assessment being carried out under such section 729 to take into account the change in non-Federal participation in the assessment as a result of the amendments made by subsection (a). I72SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. I20(a) T5ScopeK._Section 203(b)(1)(B) of the Water Resources Development Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting after ``Code'' the following: ``, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations''. I20(b) T5Authorization of AppropriationsK._Section 203(e) of such Act is amended by striking ``2006'' and inserting ``2010''. I72SEC. 2021. WILDFIRE FIREFIGHTING. I20Section 309 of Public Law 102ÿ09154 (42 U.S.C. 1856aÿ091; 105 Stat. 1034) is amended by inserting ``the Secretary of the Army,'' after ``the Secretary of Energy,''. I72SEC. 2022. CREDIT FOR NONCONSTRUCTION SERVICES. I20(a) T5In GeneralK._The Secretary is authorized to allow a non-Federal interest credit toward its share of project costs for any authorized water resources development project for the cost of materials and in-kind services, including design and management services but not including construction, provided by the non-Federal interest for carrying out the project. I20(b) T5LimitationK._Credit authorized under subsection (a)_ I22(1) shall not exceed the non-Federal share of project costs; I22(2) shall not alter any other requirements that require a non-Federal interest to provide lands, easements, rights-of-way, and dredged material disposal areas for the project; I22(3) shall not exceed the actual and reasonable costs of the materials or in-kind services provided by the non-Federal interest, as determined by the Secretary; and I22(4) shall not be allowed unless the Secretary has determined that such materials or services are integral to the project. I72SEC. 2023. TECHNICAL ASSISTANCE. I20Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962dÿ0916) is amended_ I22(1) in subsection (a) by striking ``The Secretary'' and inserting the following: I20``(a) T5Federal State CooperationK._ I22``(1) T4Comprehensive plansK._The Secretary''T1; I22(2) by inserting after the last sentence in subsection (a) the following: I22``(2) T4Technical assistanceK._ I26``(A) T4In generalK._At the request of a governmental agency or non-Federal interest, the Secretary may provide, at Federal expense, technical assistance to such agency or non-Federal interest in managing water resources. I26``(B) T4Types of assistanceK._Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses.''T1; I22(3) in subsection (b)(1) by striking ``this section'' each place it appears and inserting ``subsection (a)(1)''; I22(4) in subsection (b)(2) by striking ``Up to 1/2 of the'' and inserting ``The''; I22(5) in subsection (c) by striking ``(c) There is'' and inserting the following: I20``(c) T5Authorization of AppropriationsK._ I22``(1) T4Federal and state cooperationK._There is''T1; I22(6) in subsection (c)(1) (as designated by paragraph (5))_ I24(A) by striking ``the provisions of this section'' and inserting ``subsection (a)(1);''; and I24(B) by striking ``$500,000'' and inserting ``$1,000,000''; I22(7) by inserting at the end of subsection (c) the following: I22``(2) T4Technical assistanceK._There is authorized to be appropriated $5,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations to provide assistance to rural and small communities.''T1; I22(8) by redesignating subsection (d) as subsection (e); and I22(9) by inserting after subsection (c) the following: I20``(d) T5Annual Submission of Proposed ActivitiesK._Concurrent with the President's submission to Congress of the President's request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under subsection (a)(1) for that fiscal year.''T1. I72SEC. 2024. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND LOCAL ACTIONS. I20(a) T5Notice of IntentK._Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (g)(1), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. The non-Federal interest shall submit to the Secretary, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project. I20(b) T5Procedural RequirementsK._Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies and Indian tribes that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c) with respect to the project. Within 30 days after publication of the notice in the Federal Register, State and local agencies and Indian tribes that intend to enter into the memorandum of agreement with respect to the project shall notify the Secretary of their intent in writing. I20(c) T5Scheduling AgreementK._Within 90 days after the date of receipt of notice under subsection (a) with respect to a project, the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, as necessary, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with the project and with related activities. I20(d) T5Contents of AgreementK._An agreement entered into under subsection (c) with respect to a project, to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interest's responsibilities for data development and information that may be necessary to process each permit required for the project, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency or Indian tribe. I20(e) T5Revision of AgreementK._The Secretary may revise an agreement entered into under subsection (c) with respect to a project once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency or Indian tribe that is a party to the agreement. I20(f) T5Final DecisionK._Not later than the final day of a schedule established by an agreement entered into under subsection (c) with respect to a project, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued. I20(g) T5ReimbursementK._ I22(1) T4Costs of coordinationK._The costs incurred by the Secretary to establish and carry out a schedule to consolidate Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permit issuance for a project under this section shall be paid by the non-Federal interest. I22(2) T4Costs incurred to expedite permits and reviewsK._ I24(A) T4Acceptance of non-federal fundsK._The Secretary may accept funds from the non-Federal interest to hire additional staff or obtain the services of consultants, or to provide financial, technical, and administrative support to agencies that have entered into an agreement with the Secretary under subsection (c) with respect to a project in order to facilitate the timely processing, review, and completion of applicable Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permits for the project. I24(B) T4Use of fundsK._Funds accepted under this paragraph shall be used to supplement existing resources of the Secretary or a participating agency. I24(C) T4Assurance of level of service and impartialityK._The Secretary shall ensure that the Department of the Army and any participating agency that accepts funds under this paragraph shall continue to provide the same level of service to other projects and other responsibilities not covered by this section as it would provide, notwithstanding any activities carried out under this section, and that acceptance of such funds will not impact impartial decisionmaking either substantively or procedurally. I20(h) T5Report on Timesavings MethodsK._Not later than 3 years after the date of enactment of this section, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, local, and tribal permits for the construction of non-Federal projects for water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, and navigation. The Secretary shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law. I72SEC. 2025. PROJECT STREAMLINING. I20(a) T5PolicyK._The benefits of water resources projects are important to the Nation's economy and environment, and recommendations to Congress regarding such projects should not be delayed due to uncoordinated and sequential environmental reviews or the failure to timely resolve disputes during the development of water resources projects. I20(b) T5ScopeK._This section shall apply to each study initiated after the date of enactment of this Act to develop a feasibility report under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282), or a reevaluation report, for a water resources project if the Secretary determines that such study requires an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). I20(c) T5Water Resources Project Review ProcessK._The Secretary shall develop and implement a coordinated review process for water resources projects. I20(d) T5Coordinated ReviewsK._ I22(1) T4In generalK._The coordinated review process under this section shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal, State, or local government agency or Indian tribe for a water resources project will be conducted concurrently, to the maximum extent practicable, and completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (e) with respect to the project. I22(2) T4Agency participationK._Each Federal agency identified under subsection (e) shall formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of environmental reviews, analyses, opinions, permits, licenses, and approvals described in paragraph (1) in a timely and environmentally responsible manner. I20(e) T5Identification of Jurisdictional AgenciesK._With respect to each water resources project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related permit, license, or approval for the project. I20(f) T5State AuthorityK._If a coordinated review process is being implemented under this section by the Secretary with respect to a water resources project within the boundaries of a State, the State, consistent with State law, may choose to participate in such process and provide that all State agencies that have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related permit, license, or approval for the project, be subject to the process. I20(g) T5Memorandum of UnderstandingK._The coordinated review process developed under this section may be incorporated into a memorandum of understanding for a project between the Secretary and the heads of other Federal, State, and local government agencies and Indian tribes identified under subsection (e) with respect to the project and the non-Federal interest for the project. I20(h) T5Effect of Failure to Meet DeadlineK._ I22(1) T4Notification of congress and ceqK._If the Secretary determines that a Federal, State, or local government agency, Indian tribe, or non-Federal interest that is participating in a coordinated review process under this section with respect to a project has not met a deadline established under subsection (d) for the project, the Secretary shall notify, within 30 days of the date of such determination, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, the Council on Environmental Quality, and the agency, Indian tribe, or non-Federal interest involved about the failure to meet the deadline. I22(2) T4Agency reportK._Not later than 30 days after the date of receipt of a notice under paragraph (1), the Federal, State, or local government agency, Indian tribe, or non-Federal interest involved shall submit a report to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Council on Environmental Quality explaining why the agency, Indian tribe, or non-Federal interest did not meet the deadline and what actions it intends to take to complete or issue the required review, analysis, opinion, permit, license, or approval. I20(i) T5Purpose and Need and Determination of Reasonable AlternativesK._ I22(1) T4In generalK._As an official of the lead Federal agency that is responsible for carrying out a study to which this section applies and its associated process for meeting the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and as the Federal agency with expertise in water resources development, the Secretary, in carrying out such study and process, shall_ I24(A) define the purpose and need for the proposed water resources project; and I24(B) determine which alternatives are reasonable and may be reasonably anticipated to meet project purposes and needs. I22(2) T4Streamlining studyK._To streamline a study to which this section applies and its associated process for meeting the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary may eliminate from consideration any alternatives the Secretary determines are not reasonable or are not reasonably anticipated to meet project purposes and needs. I20(j) T5Solicitation and Consideration of CommentsK._In applying subsection (i), the Secretary shall solicit, consider, and respond to comments from interested persons and governmental entities. I20(k) T5Categorical ExclusionsK._Not later than 120 days after the date of enactment of this Act, the Secretary shall develop and publish a list of categorical exclusions from the requirement that an environmental assessment or an environmental impact statement be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for water resources projects. I20(l) T5LimitationsK._Nothing in this section shall preempt or interfere with_ I22(1) any practice of seeking public comment; I22(2) any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project; or I22(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act. I20(m) T5BenchmarksK._Within 12 months of the date of enactment of this Act, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources development project and its associated review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4371 et seq.). Benchmarks may be established for activities based on project type, size, cost, and complexity. The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Army Corps of Engineers. I72SEC. 2026. LAKES PROGRAM. I20Section 602(a) of the Water Resources Development Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended_ I22(1) by striking ``and'' at end of paragraph (18); I22(2) by striking the period at the end of paragraph (19) and inserting a semicolon; and I22(3) by adding at the end the following: I22``(20) Kinkaid Lake, Jackson County, Illinois, removal of silt and aquatic growth and measures to address excessive sedimentation; I22``(21) McCarter Pond, Borough of Fairhaven, New Jersey, removal of silt and measures to address water quality; I22``(22) Rogers Pond, Franklin Township, New Jersey, removal of silt and restoration of structural integrity; I22``(23) Greenwood Lake, New York and New Jersey, removal of silt and aquatic growth; I22``(24) Lake Rodgers, Creedmoor, North Carolina, removal of silt and excessive nutrients and restoration of structural integrity; and I22``(25) Lake Luxembourg, Pennsylvania.''T1. I72SEC. 2027. MITIGATION FOR FISH AND WILDLIFE LOSSES. I20(a) T5Mitigation Plan ContentsK._Section 906(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended by adding at the end the following: I22``(3) T4ContentsK._A mitigation plan shall include_ I24``(A) a description of the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which mitigation must take place outside the watershed, a justification detailing the rationale for undertaking the mitigation outside of the watershed; I24``(B) a description of the lands or interests in lands to be acquired for mitigation and the basis for a determination that such lands are available for acquisition; I24``(C) the type, amount, and characteristics of the habitat being restored; I24``(D) success criteria for mitigation based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics; and I24``(E) a plan for any necessary monitoring to determine the success of the mitigation, including the cost and duration of any monitoring and, to the extent practicable, the entities responsible for any monitoring. I22``(4) T4Responsibility for monitoringK._In any case in which it is not practicable to identify in a mitigation plan for a water resources project, the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest.''T1. I20(b) T5Status ReportK._ I22(1) T4In generalK._Concurrent with the President's submission to Congress of the President's request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of construction of projects that require mitigation under section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283; 100 Stat. 4186) and the status of such mitigation. I22(2) T4Projects includedK._The status report shall include the status of all projects that are under construction, all projects for which the President requests funding for the next fiscal year, and all projects that have completed construction, but have not completed the mitigation required under section 906 of the Water Resources Development Act of 1986. I72SEC. 2028. COOPERATIVE AGREEMENTS. I20(a) T5In GeneralK._For the purpose of expediting the cost-effective design and construction of wetlands restoration that is part of an authorized water resources project, the Secretary may enter into cooperative agreements under section 6305 of title 31, United States Code, with nonprofit organizations with expertise in wetlands restoration to carry out such design and construction on behalf of the Secretary. I20(b) T5LimitationsK._ I22(1) T4Per project limitK._A cooperative agreement under this section shall not obligate the Secretary to pay the nonprofit organization more than $1,000,000 for any single wetlands restoration project. I22(2) T4Annual limitK._The total value of work carried out under cooperative agreements under this section may not exceed $5,000,000 in any fiscal year. I72SEC. 2029. PROJECT PLANNING. I20(a) T5ObjectivesK._ I22(1) T4Flood damage reduction, navigation, and hurricane and storm damage reduction projectsK._The Federal objective of any study of the feasibility of a water resources project carried out by the Secretary for flood damage reduction, navigation, or hurricane and storm damage reduction shall be to maximize the net national economic development benefits associated with the project, consistent with protecting the Nation's environment. I22(2) T4Ecosystem restoration projectsK._The Federal objective of any study of the feasibility of a water resources project for ecosystem restoration carried out by the Secretary shall be to maximize the net national ecosystem restoration benefits associated with the project, consistent with national economic development. I22(3) T4Projects with multiple purposesK._In the case of a study that includes multiple project purposes, the primary and other project purposes shall be evaluated, based on the relevant Federal objective identified under paragraphs (1) and (2). I22(4) T4Selection of project alternativesK._ I24(A) T4In generalK._Notwithstanding the Federal objectives identified in this subsection, the Secretary may select a project alternative that does not maximize net benefits if there is an overriding reason based upon other Federal, State, local, or international concerns. I24(B) T4Flood damage reduction, navigation, and hurricane storm damage reduction projectsK._With respect to a water resources project described in paragraph (1), an overriding reason for selecting a plan other than the plan that maximizes 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. I24(C) T4Ecosystem restoration projectsK._With respect to a water resources project described in paragraph (2), an overriding reason for selecting a plan other than the plan that maximizes 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. I20(b) T5Identifying Additional Benefits and ProjectsK._ I22(1) T4Primarily economic benefitsK._In conducting a study of the feasibility of a project where the primary benefits are expected to be economic, the Secretary may identify ecosystem restoration benefits that may be achieved in the study area and, after obtaining the participation of a non-Federal interest, may study and recommend construction of additional measures, a separate project, or separable project element to achieve those benefits. I22(2) T4Primarily ecosystem restoration benefitsK._In conducting a study of the feasibility of a project where the primary benefits are expected to be associated with ecosystem restoration, the Secretary may identify economic benefits that may be achieved in the study area and, after obtaining the participation of a non-Federal interest, may study and recommend construction of additional measures, a separate project, or separable project element to achieve those benefits. I22(3) T4Rules applicable to certain measures, projects, and elementsK._Any additional measures, separate project, or separable element identified under paragraph (1) or (2) and recommended for construction shall not be considered integral to the underlying project and, if authorized, shall be subject to a separate partnership agreement, unless a non-Federal interest agrees to share in the cost of the additional measures, project, or separable element. I20(c) T5Calculation of Benefits and Costs for Flood Damage Reduction ProjectsK._A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs_ I22(1) a calculation of the residual risk of flooding following completion of the proposed project; I22(2) a calculation of any upstream or downstream impacts of the proposed project; and I22(3) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner. I72SEC. 2030. INDEPENDENT PEER REVIEW. I20(a) T5Project Studies Subject to Independent Peer ReviewK._ I22(1) T4In generalK._Project studies shall be subject to a peer review by an independent panel of experts as determined under this section. I22(2) T4ScopeK._The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study. I22(3) T4Project studies subject to peer reviewK._ I24(A) T4MandatoryK._A project study shall be subject to peer review under paragraph (1) if the project has an estimated total cost of more than $50,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6). I24(B) T4DiscretionaryK._A project study may be subject to peer review if_ I26(i) the Governor of an affected State requests a peer review by an independent panel of experts; I26(ii) the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts; or I26(iii) the Chief of Engineers determines that the project study is controversial. I22(4) T4Controversial projectsK._Upon receipt of a written request under paragraph (3)(B) or on the initiative of the Chief of Engineers, the Chief of Engineers shall determine whether a project study is controversial. I22(5) T4Factors to considerK._In determining whether a project study is controversial, the Chief of Engineers shall consider if_ I24(A) there is a significant public dispute as to the size, nature, or effects of the project; or I24(B) there is a significant public dispute as to the economic or environmental costs or benefits of the project. I22(6) T4Project studies excluded from peer reviewK._Project studies that may be excluded from peer review under paragraph (1) are_ I24(A) a study for a project the Chief of Engineers determines_ I26(i) is not controversial; I26(ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; I26(iii) has no substantial adverse impacts on fish and wildlife species and their habitat prior to the implementation of mitigation measures; and I26(iv) has, before implementation of mitigation measures, no more than a negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1539 et seq.) or the critical habitat of such species designated under such Act; and I24(B) a study for a project pursued under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 107(a) of the River and Harbor Act of 1960 (33 U.S.C. 577(a)), section 3 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g), section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), section 3 of the Act entitled ``An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved March 2, 1945 (33 U.S.C. 603a), section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), or section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326). I22(7) T4AppealK._The decision of the Chief of Engineers whether to peer review a project study shall be published in the Federal Register and shall be subject to appeal by a person referred to in paragraph (3)(B)(i) or (3)(B)(ii) to the Secretary of the Army if such appeal is made within the 30-day period following the date of such publication. I22(8) T4Determination of project costK._For purposes of determining the estimated total cost of a project under paragraph (3)(A), the project cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion of the reconnaissance study for the project. If the reasonable estimate of project costs is subsequently determined to be in excess of the amount in paragraph (3)(A), the Chief of Engineers shall make a determination whether a project study should be reviewed under this section. I20(b) T5Timing of Peer ReviewK._The Chief of Engineers shall determine the timing of a peer review of a project study under subsection (a). In all cases, the peer review shall occur during the period beginning on the date of the completion of the reconnaissance study for the project and ending on the date the draft report of the Chief of Engineers for the project is made available for public comment. Where the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that_ I22(1) the without-project conditions are identified; I22(2) the array of alternatives to be considered are identified; and I22(3) the preferred alternative is identified. I20Nothing in this subsection shall be construed to require the Chief of Engineers to conduct multiple peer reviews for a project study. I20(c) T5Establishment of PanelsK._ I22(1) T4In generalK._For each project study subject to peer review under subsection (a), as soon as practicable after the Chief of Engineers determines that a project study will be subject to peer review, the Chief of Engineers shall contract with the National Academy of Sciences (or a similar independent scientific and technical advisory organization), or an eligible organization, to establish a panel of experts to peer review the project study for technical and scientific sufficiency. I22(2) T4MembershipK._A panel of experts established for a project study under this section shall be composed of independent experts who represent a balance of areas of expertise suitable for the review being conducted. I22(3) T4Limitation on appointmentsK._An individual may not be selected to serve on a panel of experts established for a project study under this section if the individual has a financial or close professional association with any organization or group with a strong financial or organizational interest in the project. I22(4) T4Congressional notificationK._Upon identification of a project study for peer review under this section, but prior to initiation of any review, the Chief of Engineers shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such review. I20(d) T5Duties of PanelsK._A panel of experts established for a peer review for a project study under this section shall, consistent with the scope of the referral for review_ I22(1) conduct a peer review for the project study submitted to the panel for review; I22(2) assess the adequacy and acceptability of the economic and environmental methods, models, and analyses used by the Chief of Engineers; I22(3) provide timely written and oral comments to the Chief of Engineers throughout the development of the project study, as requested; and I22(4) submit to the Chief of Engineers a final report containing the panel's economic, engineering, and environmental analysis of the project study, including the panel's assessment of the adequacy and acceptability of the economic and environmental methods, models, and analyses used by the Chief of Engineers, to accompany the publication of the project study. I20(e) T5Duration of Project Study Peer ReviewsK._ I22(1) T4DeadlineK._A panel of experts shall_ I24(A) complete its peer review under this section for a project study and submit a report to the Chief of Engineers under subsection (d)(4) within 180 days after the date of establishment of the panel, or, if the Chief of Engineers determines that a longer period of time is necessary, such period of time established by the Chief of Engineers, but in no event later than 90 days after the date a draft project study is made available for public review; and I24(B) terminate on the date of submission of the report. I22(2) T4Failure to meet deadlineK._If a panel does not complete its peer review of a project study under this section and submit a report to the Chief of Engineers under subsection (d)(4) on or before the deadline established by paragraph (1) for the project study, the Chief of Engineers shall continue the project study for the project that is subject to peer review by the panel without delay. I20(f) T5Recommendations of PanelK._ I22(1) T4Consideration by the chief of engineersK._After receiving a report on a project study from a panel of experts under this section and before entering a final record of decision for the project, the Chief of Engineers shall consider any recommendations contained in the report and prepare a written response for any recommendations adopted or not adopted. I22(2) T4Public availability and transmittal to congressK._After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall_ I24(A) make a copy of the report and any written response of the Chief of Engineers on recommendations contained in the report available to the public; and I24(B) transmit to Congress a copy of the report, together with any such written response, on the date of a final report of the Chief of Engineers or other final decision document for a project study that is subject to peer review by the panel. I20(g) T5CostsK._ I22(1) T4In generalK._The costs of a panel of experts established for a peer review under this section_ I24(A) shall be a Federal expense; and I24(B) shall not exceed $500,000. I22(2) T4WaiverK._The Chief of Engineers may waive the $500,000 limitation contained in paragraph (1)(B) in cases that the Chief of Engineers determines appropriate. I20(h) T5ApplicabilityK._This section shall apply to_ I22(1) project studies initiated during the 2-year period preceding the date of enactment of this Act and for which the array of alternatives to be considered has not been identified; and I22(2) project studies initiated during the period beginning on such date of enactment and ending 4 years after such date of enactment. I20(i) T5ReportK._Within 4 1/2 years of the date of enactment of this section, the Chief of Engineers shall submit a report to Congress on the implementation of this section. I20(j) T5Nonapplicability of FACAK._The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any peer review panel established under this section. I20(k) T5Savings ClauseK._Nothing in this section shall be construed to affect any authority of the Chief of Engineers to cause or conduct a peer review of a water resources project existing on the date of enactment of this section. I20(l) T5DefinitionsK._In this section, the following definitions apply: I22(1) T4Project studyK._The term ``project study'' means a feasibility study or reevaluation study for a project. The term also includes any other study associated with a modification or update of a project that includes an environmental impact statement, including the environmental impact statement. I22(2) T4Affected stateK._The term ``affected State'', as used with respect to a project, means a State all or a portion of which is within the drainage basin in which the project is or would be located and would be economically or environmentally affected as a consequence of the project. I22(3) T4Eligible organizationK._The term ``eligible organization'' means an organization that_ I24(A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; I24(B) is independent; I24(C) is free from conflicts of interest; I24(D) does not carry out or advocate for or against Federal water resources projects; and I24(E) has experience in establishing and administering peer review panels. I72SEC. 2031. TRAINING FUNDS. I20(a) T5In GeneralK._The Secretary may include individuals not employed by the Department of the Army in training classes and courses offered by the Corps of Engineers in any case in which the Secretary determines that it is in the best interest of the Federal Government to include those individuals as participants. I20(b) T5ExpensesK._ I22(1) T4In generalK._An individual not employed by the Department of the Army attending a training class or course described in subsection (a) shall pay the full cost of the training provided to the individual. I22(2) T4PaymentsK._Payments made by an individual for training received under paragraph (1), up to the actual cost of the training_ I24(A) may be retained by the Secretary; I24(B) shall be credited to an appropriation or account used for paying training costs; and I24(C) shall be available for use by the Secretary, without further appropriation, for training purposes. I22(3) T4Excess amountsK._Any payments received under paragraph (2) that are in excess of the actual cost of training provided shall be credited as miscellaneous receipts to the Treasury of the United States. I72SEC. 2032. ACCESS TO WATER RESOURCE DATA. I20(a) T5In GeneralK._The Secretary shall carry out a program to provide public access to water resource and related water quality data in the custody of the Corps of Engineers. I20(b) T5DataK._Public access under subsection (a) shall_ I22(1) include, at a minimum, access to data generated in water resources project development and regulation under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and I22(2) appropriately employ geographic information system technology and linkages to water resource models and analytical techniques. I20(c) T5PartnershipsK._To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop partnerships, including cooperative agreements with State, tribal, and local governments and other Federal agencies. I20(d) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $5,000,000 for each fiscal year. I72SEC. 2033. SHORE PROTECTION PROJECTS. I20(a) T5In GeneralK._In accordance with the Act of July 3, 1930 (33 U.S.C. 426), and notwithstanding administrative actions, it is the policy of the United States to promote beach nourishment for the purposes of flood damage reduction and hurricane and storm damage reduction and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach renourishment for a period of 50 years, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. I20(b) T5PreferenceK._In carrying out the policy, preference shall be given to_ I22(1) areas in which there has been a Federal investment of funds for the purposes described in subsection (a); and I22(2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. I20(c) T5ApplicabilityK._The Secretary shall apply the policy to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before the date of enactment of this Act). I72SEC. 2034. ABILITY TO PAY. I20(a) T5Criteria and ProceduresK._Section 103(m)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by striking ``180 days after such date of enactment'' and inserting ``August 31, 2005''. I20(b) T5ProjectsK._The Secretary shall apply the criteria and procedures referred to in section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) to the following projects: I22(1) T4St. johns bayou and new madrid floodway, missouriK._The project for flood control, St. Johns Bayou and New Madrid Floodway, Missouri, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4118). I22(2) T4Lower rio grande basin, texasK._The project for flood control, Lower Rio Grande Basin, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125). I22(3) T4West virginia and pennsylvania projectsK._The projects for flood control authorized by section 581 of the Water Resources Development Act of 1996 (110 Stat. 3790ÿ093791). I72SEC. 2035. AQUATIC ECOSYSTEM RESTORATION. I20Section 206(e) of the Water Resources Development Act of 1996 (33 U.S.C. 2330) is amended by striking ``$25,000,000'' and inserting ``$40,000,000''. I72SEC. 2036. SMALL FLOOD DAMAGE REDUCTION PROJECTS. I20Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended by striking ``$50,000,000'' and inserting ``$60,000,000''. I72SEC. 2037. LEASING AUTHORITY. I20Section 4 of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and other purposes'', approved December 22, 1944 (16 U.S.C. 460d) is amended_ I22(1) by inserting ``federally-recognized Indian tribes and'' before ``Federal'' the first place it appears; I22(2) by inserting ``Indian tribes or'' after ``considerations, to such''; and I22(3) by inserting ``federally-recognized Indian tribe'' after ``That in any such lease or license to a''. I72SEC. 2038. COST ESTIMATES. I20 The estimated Federal and non-Federal costs of projects authorized to be carried out by the Secretary before, on, or after the date of enactment of this Act are for informational purposes only and shall not be interpreted as affecting the cost sharing responsibilities established by law. I72SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS. I20(a) T5StudiesK._ I22(1) T4Cost-sharing requirementsK._Section 105(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(a)) is amended by adding at the end the following: I22``(3) T4Detailed project reportsK._The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that_ I24``(A) the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; and I24``(B) paragraph (1)(C)(ii) shall not apply to such a study.''T1. I22(2) T4Planning and engineeringK._Section 105(b) of such Act (33 U.S.C. 2215(b)) is amended by striking ``authorized by this Act''. I22(3) T4DefinitionsK._Section 105 of such Act (33 U.S.C. 2215) is amended by adding at the end the following: I20``(d) T5DefinitionsK._In this section, the following definitions apply: I22``(1) T4Detailed project reportK._The term `detailed project report' means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document. I22``(2) T4Feasibility studyK._The term `feasibility study' means a study that results in a feasibility report under section 905, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 2680ÿ092694), a general reevaluation report, and a limited reevaluation report.''T1. I20(b) T5ReportsK._ I22(1) T4PreparationK._Section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a); 100 Stat. 4185) is amended_ I24(A) by striking ``(a) In the case of any'' and inserting the following: I20``(a) T5Preparation of ReportsK._ I22``(1) T4In generalK._In the case of any''T1; I24(B) by striking ``the Secretary, the Secretary shall'' and inserting ``the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall perform a reconnaissance study and''; I24(C) by striking ``Such feasibility report'' and inserting the following: I22``(2) T4Contents of feasibility reportsK._A feasibility report''T1; I24(D) by striking ``The feasibility report'' and inserting ``A feasibility report''; and I24(E) by striking the last sentence and inserting the following: I22``(3) T4ApplicabilityK._This subsection shall not apply to_ I24``(A) any study with respect to which a report has been submitted to Congress before the date of enactment of this Act; I24``(B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); I24``(C) any study for a project which does not require specific authorization by Congress in law or otherwise; and I24``(D) general studies not intended to lead to recommendation of a specific water resources project. I22``(4) T4Feasibility report definedK._In this subsection, the term `feasibility report' means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 2680ÿ092694), a general reevaluation report, and a limited reevaluation report.''T1. I22(2) T4Projects not specicially authorized by congressK._Section 905 of such Act is further amended_ I24(A) in subsection (b) by inserting ``T5Reconnaissance Studies._K'' before ``Before initiating''; I24(B) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; I24(C) by inserting after subsection (b) the following: I20``(c) T5Projects not Specifically Authorized by CongressK._In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report.''T1; I24(D) in subsection (d) (as so redesignated) by inserting ``T5Indian Tribes._K'' before ``For purposes of''; and I24(E) in subsection (e) (as so redesignated) by inserting ``T5Standard and Uniform Procedures and Practices._K'' before ``The Secretary shall'' . I72SEC. 2040. FISCAL TRANSPARENCY REPORT. I20(a) T5In GeneralK._On the third Tuesday of January of each year beginning January 2006, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the expenditures for the preceding fiscal year and estimated expenditures for the current fiscal year and, for projects and activities that are not scheduled for completion in the current fiscal year, the estimated expenditures necessary in the following fiscal year for each project or activity to maintain the same level of effort being achieved in the current fiscal year. I20(b) T5ContentsK._In addition to the information described in subsection (a), the report shall contain a detailed accounting of the following information: I22(1) With respect to general construction, information on_ I24(A) projects currently under construction, including_ I26(i) allocations to date; I26(ii) the number of years remaining to complete construction; I26(iii) the estimated annual Federal cost to maintain that construction schedule; and I26(iv) a list of projects the Corps of Engineers expects to complete during the current fiscal year; and I24(B) projects for which there is a signed cost-sharing agreement and completed planning, engineering, and design, including_ I26(i) the number of years the project is expected to require for completion; and I26(ii) estimated annual Federal cost to maintain that construction schedule. I22(2) With respect to operation and maintenance of the inland and intracoastal waterways under section 206 of Public Law 95ÿ09502 (33 U.S.C. 1804)_ I24(A) the estimated annual cost to maintain each waterway for the authorized reach and at the authorized depth; and I24(B) the estimated annual cost of operation and maintenance of locks and dams to ensure navigation without interruption. I22(3) With respect to general investigations and reconnaissance and feasibility studies_ I24(A) the number of active studies; I24(B) the number of completed studies not yet authorized for construction; I24(C) the number of initiated studies; and I24(D) the number of studies expected to be completed during the fiscal year. I22(4) Funding received and estimates of funds to be received for interagency and international support activities under section 318(a) of the Water Resources Development Act of 1990 (33 U.S.C. 2323(a)). I22(5) Recreation fees and lease payments. I22(6) Hydropower and water storage fees. I22(7) Deposits into the Inland Waterway Trust Fund and the Harbor Maintenance Trust Fund. I22(8) Other revenues and fees collected. I78TITLE III_PROJECT-RELATED PROVISIONS I72SEC. 3001. KING COVE HARBOR, ALASKA. I20The maximum amount of Federal funds that may be expended for the project for navigation, King Cove Harbor, Alaska, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), shall be $8,000,000. I72SEC. 3002. ST. PAUL HARBOR, ST. PAUL ISLAND, ALASKA. I20(a) T5Small Boat HarborK._No elements of the project for navigation, St. Paul Harbor, St. Paul Island, Alaska, authorized by section 101(b)(3) of the Water Resources Development Act of 1996 (110 Stat. 3667) and modified by section 303 of the Water Resources Development Act of 1999 (113 Stat. 298) and section 105 of the Energy and Water Development Appropriations Act, 2003 (117 Stat. 139), shall be treated by the Secretary as separable. I20(b) T5Limitation on Non-Federal ShareK._The non-Federal share for the project shall not exceed $14,400,000. I72SEC. 3003. SITKA, ALASKA. I20The Thompson Harbor, Sitka, Alaska, element of the project for navigation Southeast Alaska Harbors of Refuge, Alaska, authorized by section 101 of the Water Resources Development Act of 1992 (106 Stat. 4801), is modified to direct the Secretary to take such action as may be necessary to correct design deficiencies in such element, at a Federal expense of $6,300,000. I72SEC. 3004. TATITLEK, ALASKA. I20The maximum amount of Federal funds that may be expended for the project for navigation, Tatitlek, Alaska, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. I72SEC. 3005. GRAND PRAIRIE REGION AND BAYOU METO BASIN, ARKANSAS. I20The Secretary shall review the general reevaluation report for the Bayou Meto basin element of the project for Grand Prairie Region and Bayou Meto Basin, Arkansas, reauthorized by section 363(a) of the Water Resources Development Act of 1996 (110 Stat. 3730), and make a determination of whether the element is feasible, regardless of mission priorities. I72SEC. 3006. OSCEOLA HARBOR, ARKANSAS. I20(a) T5In GeneralK._The project for navigation, Osceola Harbor, Arkansas, constructed under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), is modified to allow non-Federal interests to construct a mooring facility within the existing authorized harbor channel, subject to all necessary permits, certifications, and other requirements. I20(b) T5Limitation on Statutory ConstructionK._Nothing in this section shall be construed as affecting the responsibility of the Secretary to maintain the general navigation features of the project at a bottom width of 250 feet. I72SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. I20The Pine Mountain Dam feature of the project for flood protection, Lee Creek, Arkansas and Oklahoma, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1078), is modified_ I22(1) to add environmental restoration as a project purpose; and I22(2) to direct the Secretary to finance the non-Federal share of the cost of the project over a 30-year period in accordance with section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)). I72SEC. 3008. SAINT FRANCIS BASIN, ARKANSAS. I20The project for flood control, Saint Francis Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172), is modified to authorize the Secretary to construct improvements along Ditch No. 1 that consist of a gated culvert through the Saint Francis Levee and related channel improvements. I72SEC. 3009. AMERICAN RIVER WATERSHED, CALIFORNIA. I20Section 128 of Public Law 108ÿ09137 (117 Stat. 1838) is amended by adding at the end the following: I20``(c) T5Dam Safety Modifications at L.L. Anderson DamK._In determining improvements for dam safety that are necessary at the L.L. Anderson Dam, the Secretary shall consider the without-project condition to be the dam as it existed on December 1, 2003. I20``(d) T5Cost AllocationK._In allocating costs for the project authorized in subsection (a), the Secretary shall use the project cost allocations for flood damage reduction and dam safety that are contained in the American River Watershed, California, long-term study final supplemental plan formulation report dated February 2002.''T1. I72SEC. 3010. COMPTON CREEK, CALIFORNIA. I20The project for flood control, Los Angeles Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611), is modified to add environmental restoration and recreation as project purposes. I72SEC. 3011. GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA. I20The project for aquatic ecosystem restoration, Grayson Creek/Murderer's Creek, California, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project and to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project. I72SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA. I20 The project for environmental restoration, Hamilton Airfield, California, authorized by section 101(b)(3) of the Water Resources Development Act of 1999 (113 Stat. 279), is modified to direct the Secretary to construct the project substantially in accordance with the report of the Chief of Engineers dated July 19, 2004, at a total cost of $205,226,000, with an estimated Federal cost of $153,840,000 and an estimated non-Federal cost of $51,386,000. I72SEC. 3013. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON SHIP CHANNEL, CALIFORNIA. I20The project for navigation, San Francisco to Stockton, California, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1091) is modified_ I22(1) to provide that the non-Federal share of the cost of the John F. Baldwin Ship Channel and Stockton Ship Channel element of the project may be provided in the form of in-kind services and materials; and I22(2) to direct the Secretary to credit toward the non-Federal share of the cost of such element the cost of planning and design work carried out by the non-Federal interest before the date of an agreement for such planning and design if the Secretary determines that such work is integral to such element. I72SEC. 3014. KAWEAH RIVER, CALIFORNIA. I20The project for flood control, Terminus Dam, Kaweah River, California, authorized by section 101(b)(5) of the Water Resources Development Act of 1996 (110 Stat. 3658), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project, or provide reimbursement not to exceed $800,000, for the costs of any work carried out by the non-Federal interest before, on, or after the date of the project partnership agreement if the Secretary determines that the work is integral to the project. I72SEC. 3015. LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA. I20The project for navigation, Larkspur Ferry Channel, Larkspur, California, authorized by section 601(d) of the Water Resources Development Act of 1986 (100 Stat. 4148), is modified to direct the Secretary to determine whether maintenance of the project is feasible, and if the Secretary determines that maintenance of the project is feasible, to carry out such maintenance. I72SEC. 3016. LLAGAS CREEK, CALIFORNIA. I20The project for flood damage reduction, Llagas Creek, California, authorized by section 501(a) of the Water Resources Development Act of 1999 (113 Stat. 333), is modified to authorize the Secretary to carry out the project at a total cost of $105,000,000. I72SEC. 3017. LOS ANGELES HARBOR, CALIFORNIA. I20The project for navigation, Los Angeles Harbor, California, authorized by section 101(b)(5) of the Water Resources Development Act of 2000 (114 Stat. 2577), is modified to authorize the Secretary to carry out the project at a total cost of $222,000,000. I72SEC. 3018. MAGPIE CREEK, CALIFORNIA. I20(a) T5In GeneralK._The project for Magpie Creek, California, authorized under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), is modified to direct the Secretary to apply the cost-sharing requirements of section 103(b) of the Water Resources Development Act of 1986 (100 Stat. 4085) for the portion of the project consisting of land acquisition to preserve and enhance existing floodwater storage. I20(b) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of planning and design work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3019. PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA. I20The project for aquatic ecosystem restoration, Pacific Flyway Center, Sacramento, California, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to authorize the Secretary to expend $2,000,000 to enhance public access to the project. I72SEC. 3020. PINOLE CREEK, CALIFORNIA. I20The project for improvement of the quality of the environment, Pinole Creek Phase I, California, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3021. PRADO DAM, CALIFORNIA. I20Upon completion of the modifications to the Prado Dam element of the project for flood control, Santa Ana River Mainstem, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113), the Memorandum of Agreement for the Operation for Prado Dam for Seasonal Additional Water Conservation between the Department of the Army and the Orange County Water District (including all the conditions and stipulations in the memorandum) shall remain in effect for volumes of water made available prior to such modifications. I72SEC. 3022. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA. I20(a) T5Determination of Federal Costs Paid by Non-Federal InterestK._ I22(1) T4Federal costs paid by non-federal interestK._The Secretary shall determine the amount paid by the Sacramento Area Flood Control Agency towards the Federal share of the cost of the project for the Natomas levee features authorized by section 9159(b) of the Department of Defense Appropriations Act, 1993 (106 Stat. 1944) of the project for flood control and recreation, Sacramento and American Rivers, California. I22(2) T4Reimbursements to non-federal interestK._The Secretary shall determine the amount of reimbursements paid to the Sacramento Flood Control Agency for payment of the Federal share of the cost of the project referred to in paragraph (1). I22(3) T4Determination of federal shareK._In carrying out paragraph (1), the Secretary shall include in the total cost of the project all costs of the following activities that the Secretary determines to be integral to the project: I24(A) Planning, engineering, and construction. I24(B) Acquisition of project lands, easements, and rights-of-way. I24(C) Performance of relocations. I24(D) Environmental mitigation for all project elements. I20(b) T5CreditK._ I22(1) T4In generalK._The Secretary shall credit toward the non-Federal share of the cost of any flood damage reduction project, authorized before the date of enactment of this Act, for which the non-Federal interest is the Sacramento Area Flood Control Agency an amount equal to the total amount determined under subsection (a)(1) reduced by the amount determined under subsection (a)(2). I22(2) T4Allocation of creditK._The Secretary shall allocate the amount to be credited under paragraph (1) toward the non-Federal share of such projects as are requested by the Sacramento Area Flood Control Agency. I72SEC. 3023. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA. I20The project for navigation, Sacramento Deep Water Ship Channel, California, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4092), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of planning and design work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3024. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA. I20The project for flood control, Sacramento River, California, authorized by section 2 of the Act entitled ``An Act to provide for the control of the floods of the Mississippi River and of the Sacramento River, California, and for other purposes'', approved March 1, 1917 (39 Stat. 949), and modified by section 102 of the Energy and Water Development Appropriations Act, 1990 (103 Stat. 649), section 301(b)(3) of the Water Resources Development Act of 1996 (110 Stat. 3110), title I of the Energy and Water Development Appropriations Act, 1999 (112 Stat. 1841), and section 305 of the Water Resources Development Act of 1999 (113 Stat. 299), is further modified to direct the Secretary to credit the non-Federal interest up to $4,000,000 toward the non-Federal share of the cost of the project for costs incurred by the non-Federal interest in carrying out activities (including the provision of lands, easements, rights-of-way, relocations, and dredged material disposal areas) associated with environmental compliance for the project if the Secretary determines that the activities are integral to the project. I72SEC. 3025. SANTA CRUZ HARBOR, CALIFORNIA. I20The project of navigation, Santa Cruz Harbor, California, authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 300) and modified by section 809 of the Water Resources Development Act of 1986 (100 Stat. 4168) and section 526 of the Water Resources Development Act of 1999 (113 Stat. 346), is modified to direct the Secretary_ I22(1) to renegotiate the memorandum of agreement with the non-Federal interest to increase the annual payment to reflect the updated cost of operation and maintenance that is the Federal and non-Federal share as provided by law based on the project purpose; and I22(2) to revise the memorandum of agreement to include terms that revise such payments for inflation. I72SEC. 3026. SEVEN OAKS DAM, CALIFORNIA. I20The project for flood control, Santa Ana Mainstem, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113) and modified by section 104 of the Energy and Water Development Appropriations Act, 1988 (101 Stat. 1329ÿ0911), section 102(e) of the Water Resources Development Act of 1990 (104 Stat. 4611), and section 311 of the Water Resources Development Act of 1996 (110 Stat. 3713), is further modified to direct the Secretary to conduct a study for the reallocation of water storage at the Seven Oaks Dam, California, for water conservation. I72SEC. 3027. UPPER GUADALUPE RIVER, CALIFORNIA. I20The project for flood damage reduction and recreation, Upper Guadalupe River, California, described as the Bypass Channel Plan of the Chief of Engineers dated August 19, 1998, authorized by section 101(a)(9) of the Water Resources Development Act of 1999 (113 Stat. 275), is modified to authorize the Secretary to construct the project, at a total cost of $212,100,000, with an estimated Federal cost of $106,050,000, and an estimated non-Federal cost of $106,050,000. The non-Federal share of the cost of the project shall be subject to section 103(a)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)(3)). I72SEC. 3028. WALNUT CREEK CHANNEL, CALIFORNIA. I20The project for aquatic ecosystem restoration, Walnut Creek Channel, California, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project and to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project. I72SEC. 3029. WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA. I20The project for improvement of the quality of the environment, Wildcat/San Pablo Creek Phase I, California, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3030. WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA. I20The project for aquatic ecosystem restoration, Wildcat/San Pablo Creek Phase II, California, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project and to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project. I72SEC. 3031. YUBA RIVER BASIN PROJECT, CALIFORNIA. I20The project for flood damage reduction, Yuba River Basin, California, authorized by section 101(a)(10) of the Water Resources Development Act of 1999 (113 Stat. 275), is modified_ I22(1) to authorize the Secretary to construct the project at a total cost of $107,700,000, with an estimated Federal cost of $70,000,000 and an estimated non-Federal cost of $37,700,000; and I22(2) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3032. INTRACOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, DELAWARE AND MARYLAND. I20The project for navigation, Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, authorized by the first section of the Rivers and Harbors Act of August 30, 1935 (49 Stat. 1030), and section 101 of the River and Harbor Act of 1954 (68 Stat. 1249), is modified to add recreation as a project purpose. I72SEC. 3033. BREVARD COUNTY, FLORIDA. I20(a) T5ShorelineK._The project for shoreline protection, Brevard County, Florida, authorized by section 101(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3667), is modified_ I22(1) to direct the Secretary to establish the reach of the project as the reach between the Florida department of environmental protection monuments 75.4 to 118.3, a distance of 7.6 miles; and I22(2) to direct the Secretary to expedite the general reevaluation report required by section 418 of the Water Resources Development Act of 2000 (114 Stat. 2637). I20(b) T5CreditK._Section 310 of the Water Resources Development Act of 1999 (113 Stat. 301) is amended by adding at the end the following: I20``(d) T5CreditK._After completion of the study, the Secretary shall credit toward the non-Federal share of the cost of the project the cost of nourishment and renourishment associated with the shore protection project incurred by the non-Federal interest to respond to damages to Brevard County beaches that are the result of a Federal navigation project, as determined in the final report for the study.''T1. I72SEC. 3034. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA. I20The project for shore protection, Broward County and Hillsboro Inlet, Florida, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1090), and modified by section 311 of the Water Resources Development Act of 1999 (113 Stat. 301), is further modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of mitigation construction and derelict erosion control structure removal carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3035. CANAVERAL HARBOR, FLORIDA. I20In carrying out the project for navigation, Canaveral Harbor, Florida, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), the Secretary shall construct a sediment trap. I72SEC. 3036. GASPARILLA AND ESTERO ISLANDS, FLORIDA. I20The project for shore protection, Gasparilla and Estero Island segments, Lee County, Florida, authorized under section 201 of the Flood Control Act of 1965 (79 Stat. 1073) by Senate Resolution dated December 17, 1970, and by House Resolution dated December 15, 1970, and modified by section 309 of the Water Resources Development Act of 2000 (114 Stat. 2602), is further modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3037. JACKSONVILLE HARBOR, FLORIDA. I20(a) T5In GeneralK._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. I20(b) T5General Reevaluation ReportsK._The non-Federal share of the cost of the general reevaluation report that resulted in the report of the Chief of Engineers for the project and the non-Federal share of the cost of the general reevaluation report for Jacksonville Harbor, Florida, being conducted on June 1, 2005, shall each be the same percentage as the non-Federal share of the cost of construction of the project. I20(c) T5AgreementK._The Secretary shall enter into new partnership agreements with the non-Federal interest to reflect the cost sharing required by subsection (b). I72SEC. 3038. LIDO KEY BEACH, SARASOTA, FLORIDA. I20(a) T5In GeneralK._The project for shore protection, Lido Key Beach, Sarasota, Florida, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1819), deauthorized under section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), and reauthorized by section 364(2)(A) of the Water Resources Development Act of 1999 (113 Stat. 313), is modified to direct the Secretary to construct the project substantially in accordance with the report of the Chief of Engineers dated December 22, 2004, at a total cost of $14,809,000, with an estimated Federal cost of $9,088,000 and an estimated non-Federal cost of $5,721,000, and at an estimated total cost of $58,635,000 for periodic nourishment over the 50-year life of the project. I20(b) T5Construction of Shoreline Protection Projects by Non-Federal InterestsK._The Secretary shall enter into a partnership agreement with the non-Federal sponsor in accordance with section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426iÿ091) for the modified project. I72SEC. 3039. MIAMI HARBOR, FLORIDA. I20The project for navigation, Miami Harbor Channel, Florida, authorized by section 101(a)(9) of the Water Resources Development Act of 1990 (104 Stat. 4606) and modified by section 315 of the Water Resources Development Act of 1999 (113 Stat. 302), is further modified_ I22(1) to include as a project purpose environmental mitigation required before July 18, 2003, by a Federal, State, or local environmental agency for unauthorized or unanticipated environmental impacts within, or in the vicinity of, the authorized project; and I22(2) to direct the Secretary to reimburse the non-Federal interest for costs it has incurred in construction of the project in accordance with section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232). I72SEC. 3040. PEANUT ISLAND, FLORIDA. I20The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Peanut Island, Palm Beach County, Florida, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) shall be $9,750,000. I72SEC. 3041. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. I20The project for navigation, Tampa Harbor-Big Bend Channel, Florida, authorized by section 101(a)(18) of the Water Resources Development Act of 1999 (113 Stat. 276) is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3042. TAMPA HARBOR CUT B, FLORIDA. I20(a) T5In GeneralK._The project for navigation, Tampa Harbor, Florida, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is modified to authorize the Secretary to construct passing lanes in an area approximately 3.5 miles long and centered on Tampa Harbor Cut B if the Secretary determines that such improvements are necessary for navigation safety. I20(b) T5General Reevaulation ReportK._The non-Federal share of the cost of the general reevaluation report for Tampa Harbor, Florida, being conducted on June 1, 2005, shall be the same percentage as the non-Federal share of the cost of construction of the project. I20(c) T5AgreementK._The Secretary shall enter into a new partnership agreement with the non-Federal interest to reflect the cost sharing required by subsection (b). I72SEC. 3043. ALLATOONA LAKE, GEORGIA. I20(a) T5Land ExchangeK._ I22(1) T4In generalK._The Secretary may exchange lands above 863 feet in elevation at Allatoona Lake, Georgia, identified in the Real Estate Design Memorandum prepared by the Mobile district engineer, April 5, 1996, and approved October 8, 1996, for lands on the north side of Allatoona Lake that are needed for wildlife management and for protection of the water quality and overall environment of Allatoona Lake. I22(2) T4Terms and conditionsK._The basis for all land exchanges under this subsection shall be a fair market appraisal so that lands exchanged are of equal value. I20(b) T5Disposal and Acquisition of Lands, Allatoona Lake, GeorgiaK._ I22(1) T4In generalK._The Secretary may also sell lands above 863 feet in elevation at Allatoona Lake, Georgia, identified in the memorandum referred to in subsection (a)(1) and may use the proceeds to pay costs associated with the purchase of lands needed for wildlife management and for protection of the water quality and overall environment of Allatoona Lake. I22(2) T4Terms and conditionsK._Land sales and purchases to be conducted under this subsection shall be subject to the following terms and conditions: I24(A) Lands acquired under this subsection shall be by negotiated purchase from willing sellers only. I24(B) The basis for all transactions under the program shall be a fair market appraisal acceptable to the Secretary. I24(C) The purchasers shall share in the associated environmental and real estate costs, to include surveys and associated fees in accordance with the memorandum referred to in subsection (a)(1). I24(D) Any other conditions that the Secretary may impose. I20(c) T5RepealK._Section 325 of the Water Resources Development Act of 1992 (106 Stat. 4849) is repealed. I72SEC. 3044. LATHAM RIVER, GLYNN COUNTY, GEORGIA. I20The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Latham River, Glynn County, Georgia, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) shall be $6,175,000. I72SEC. 3045. DWORSHAK DAM AND RESERVOIR IMPROVEMENTS, IDAHO. I20The Secretary may carry out improvements to recreational facilities at the Dworshak Dam and Reservoir, North Fork, Clearwater River, Idaho, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1193), to accommodate lower pool levels. I72SEC. 3046. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN, ILLINOIS. I20(a) T5Partnership AgreementK._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 to direct the Secretary to enter into a partnership agreement with the city of Beardstown to replace the August 18, 1983, local cooperation agreement with the Beardstown Community Park District. The partnership agreement shall include the same rights and responsibilities as the agreement, changing only the identity of the non-Federal sponsor. I20(b) T5MaintenanceK._Following execution of the partnership agreement referred to in subsection (a), the Secretary may carry out maintenance of the project referred to in subsection (a) on an annual basis. I72SEC. 3047. CACHE RIVER LEVEE, ILLINOIS. I20The Cache River Levee portion of the project for flood control, Cache River, Illinois, authorized by the Act of June 28, 1938 (52 Stat. 1215), is modified to add environmental restoration as a project purpose. I72SEC. 3048. CHICAGO RIVER, ILLINOIS. I20The navigation channel for the North Branch Canal portion of the Chicago River, authorized by the first section of the Rivers and Harbors Appropriations Act of March 3, 1899 (30 Stat. 1129), extending from 100 feet downstream of the Halsted Street Bridge to 100 feet upstream of the Division Street Bridge is modified to be no wider than 66 feet. I72SEC. 3049. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS. I20(a) T5Existing BarrierK._The Secretary shall upgrade and make permanent, at Federal expense, the existing Chicago Sanitary and Ship Canal Dispersal Barrier Chicago, Illinois, constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)). I20(b) T5Operation and MaintenanceK._The barrier referred to in subsection (a) and the barrier in the Chicago Sanitary and Ship Canal being constructed under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) shall be operated and maintained, at Federal expense, as a system in a manner to optimize effectiveness. Operation and maintenance includes investigating and eliminating potential pathways that may allow aquatic species in the Des Plaines River and Illinois and Michigan Canal to bypass the barriers in the Chicago Sanitary and Ship Canal. I20(c) T5Feasibility StudyK._The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct a feasibility study, at Federal expense, of the range of options and technologies available to prevent the spread of aquatic species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other pathways. I72SEC. 3050. EMIQUON, ILLINOIS. I20(a) T5Maximum AmountK._The maximum amount of Federal funds that may be expended for the project for aquatic ecosystem restoration, Emiquon, Illinois, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. I20(b) T5LimitationK._Nothing in this section shall affect the eligibility of the project for emergency repair assistance under section 5(a) of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved August 18, 1941 (33 U.S.C. 701n). I72SEC. 3051. LASALLE, ILLINOIS. I20In carrying out section 312 of the Water Resources Development Act of 1990 (104 Stat. 4639ÿ094640), the Secretary shall give priority to work in the vicinity of LaSalle, Illinois, on the Illinois and Michigan Canal. I72SEC. 3052. SPUNKY BOTTOMS, ILLINOIS. I20(a) T5Project PurposeK._The project for flood control, Spunky Bottoms, Illinois, authorized by section 5 of the Flood Control Act of June 26, 1936 (35 Stat. 1584), is modified to add environmental restoration as a project purpose. I20(b) T5Maximum AmountK._The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Spunky Bottoms, Illinois, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), shall be $7,500,000. I20(c) T5LimitationK._Nothing in this section shall affect the eligibility of the project for emergency repair assistance under section 5(a) of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved August 18, 1941 (33 U.S.C. 701n). I72SEC. 3053. FORT WAYNE AND VICINITY, INDIANA. I20The project for flood control Fort Wayne, St. Mary's and Maumee Rivers, Indiana, authorized by section 101(a)(11) of the Water Resources Development Act of 1990 (104 Stat. 4604), is modified_ I22(1) to direct the Secretary to provide a 100-year level of flood protection at the Berry-Thieme, Park-Thompson, Woodhurst, and Tillman sites along the St. Mary's River, Fort Wayne and vicinity, Indiana, at a total cost of $5,300,000; and I22(2) to allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project. I72SEC. 3054. KOONTZ LAKE, INDIANA. I20The project for aquatic ecosystem restoration, Koontz Lake, Indiana, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) and modified by section 520 of the Water Resources Development Act of 2000 (114 Stat. 2655), is further modified to direct the Secretary to seek to reduce the cost of the project by using innovative technologies and cost reduction measures determined from a review of non-Federal lake dredging projects in the vicinity of Koontz Lake. I72SEC. 3055. LITTLE CALUMET RIVER, INDIANA. I20The project for flood control, Little Calumet River, Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), is modified to authorize the Secretary to carry out the project in accordance with the postauthorization change report dated August 2000, at a total cost of $198,000,000, with an estimated Federal cost of $148,500,000 and an estimated non-Federal cost of $49,500,000. I72SEC. 3056. WHITE RIVER, INDIANA. I20The project for flood control, Indianapolis on West Fork of White River, Indiana, authorized by section 5 of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved June 22, 1936 (49 Stat. 1586), and modified by section 323 of the Water Resources Development Act of 1996 (110 Stat. 3716) and section 322 of the Water Resources Development Act of 1999 (113 Stat. 303ÿ09304), is further modified_ I22(1) to authorize the Secretary to undertake the riverfront alterations described in the Central Indianapolis Waterfront Concept Plan, dated February 1994, for the Fall Creek Reach feature at a total cost of $28,545,000; and I22(2) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3057. DES MOINES RIVER AND GREENBELT, IOWA. I20The project for the Des Moines Recreational River and Greenbelt, Iowa, authorized by Public Law 99ÿ0988 and modified by section 604 of the Water Resources Development Act of 1986 (100 Stat. 4153), is modified to include enhanced public access and recreational enhancements, at a Federal cost of $3,000,000. I72SEC. 3058. PRESTONSBURG, KENTUCKY. I20The Prestonsburg, Kentucky, element of the project for flood control, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers, West Virginia, Virginia, and Kentucky, authorized by section 202(a) of the Energy and Water Development Appropriations Act, 1981 (94 Stat. 1339), is modified to direct the Secretary to take measures to provide a 100-year level of flood protection for the city of Prestonsburg. I72SEC. 3059. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON ROUGE PARISH WATERSHED. I20The project for flood damage reduction and recreation, Amite River and Tributaries, Louisiana, East Baton Rouge Parish Watershed, authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (113 Stat. 277) and modified by section 116 of division D of Public Law 108ÿ097 (117 Stat. 140), is further modified_ I22(1) to direct the Secretary to carry out the project with the cost sharing for the project determined in accordance with section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)), as in effect on October 11, 1996; I22(2) to authorize the Secretary to construct the project at a total cost of $178,000,000; and I22(3) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3060. ATCHAFALAYA BASIN, LOUISIANA. I20(a) T5In GeneralK._Section 315(a)(1) of the Water Resources Development Act of 2000 (114 Stat. 2603ÿ092604) is amended to read as follows: I22``(1) is authorized to study, design, construct, operate, and maintain, at Federal expense, a Type A Regional Visitor Center in the vicinity of Morgan City, Louisiana, in consultation with the State of Louisiana, to provide information to the public on the Atchafalaya River system and other associated waterways that have influenced surrounding communities, and national and local water resources development of the Army Corps of Engineers in South Central Louisiana; and''T1. I20(b) T5Technical CorrectionK._Section 315(b) of such Act is amended by striking ``(a)'' and inserting ``(a)(2)''. I20(c) T5DonationsK._Section 315 of such Act is amended by adding at the end the following: I20``(c) T5DonationsK._In carrying out subsection (a)(1), the Mississippi River Commission is authorized to accept the donation of cash, funds, lands, materials, and services from non-Federal governmental entities and nonprofit corporations.''T1. I72SEC. 3061. BAYOU PLAQUEMINE, LOUISIANA. I20The project for the improvement of the quality of the environment, Bayou Plaquemine, Louisiana, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309(a)), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3062. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA. I20The public access feature of the Atchafalaya Basin Floodway System project, Louisiana, authorized by section 601(a) of the Water Resources Development Act 1986 (100 Stat. 4142), is modified to authorize the Secretary to acquire from willing sellers the fee interest, exclusive of oil, gas, and minerals, of an additional 20,000 acres of land within the Lower Atchafalaya Basin Floodway for the public access feature of the Atchafalaya Basin Floodway System, to enhance fish and wildlife resources, at a total cost of $4,000,000. I72SEC. 3063. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI RIVER TO SHREVEPORT, LOUISIANA. I20The project for mitigation of fish and wildlife losses, J. Bennett Johnston Waterway, Mississippi River to Shreveport, Louisiana, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of the Water Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613), section 301(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources Development Act of 2000 (114 Stat. 2572), is further modified_ I22(1) to authorize the purchase and reforesting lands that have been cleared or converted to agricultural uses; and I22(2) to incorporate current wildlife and forestry management practices for the purpose of improving species diversity on mitigation lands that meet Federal and State of Louisiana habitat goals and objectives. I72SEC. 3064. MISSISSIPPI DELTA REGION, LOUISIANA. I20The Mississippi Delta Region project, Louisiana, authorized as part of the project for hurricane-flood protection on Lake Pontchartrain, Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat. 1077) and modified by section 365 of the Water Resources Development Act of 1996 (110 Stat. 3739), is further modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the costs of relocating oyster beds in the Davis Pond project area if the Secretary determines that the work is integral to the Mississippi Delta Region project. I72SEC. 3065. NEW ORLEANS TO VENICE, LOUISIANA. I20The New Orleans to Venice, Louisiana, project for hurricane protection, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1184), is modified to authorize the Secretary to carry out the work on the St. Jude to City Price, Upper Reach A back levee. The Federal share of the cost of such work shall be 70 percent. I72SEC. 3066. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY CANAL), LOUISIANA. I20Section 328 of the Water Resources Development Act of 1999 (113 Stat. 304ÿ09305) is amended_ I22(1) in subsection (a)_ I24(A) by striking ``operation and maintenance'' and inserting ``operation, maintenance, rehabilitation, repair, and replacement''; and I24(B) by striking ``Algiers Channel'' and inserting ``Algiers Canal Levees''; and I22(2) by adding at the end the following: I20``(c) T5Cost SharingK._The non-Federal share of the cost of the project shall be 35 percent.''T1. I72SEC. 3067. CAMP ELLIS, SACO, MAINE. I20The maximum amount of Federal funds that may be expended for the project being carried out under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of shore damages attributable to the project for navigation, Camp Ellis, Saco, Maine, shall be $25,000,000. I72SEC. 3068. UNION RIVER, MAINE. I20The project for navigation, Union River, Maine, authorized by the first section of the Act entitled ``An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved June 3, 1896 (29 Stat. 215), is modified by redesignating as an anchorage area that portion of the project consisting of a 6-foot turning basin and lying northerly of a line commencing at a point N315,975.13, E1,004,424.86, thence running north 61 degrees 27 minutes 20.71 seconds west about 132.34 feet to a point N316,038.37, E1,004,308.61. I72SEC. 3069. GWYNNS FALLS WATERSHED, BALTIMORE, MARYLAND. I20(a) T5In GeneralK._The Secretary shall carry out the project for ecosystem restoration, Gwynns Falls, Maryland, in accordance with the Baltimore Metropolitan Water Resources Gwynns Falls Watershed Study-Draft Feasibility Report and Integrated Environmental Assessment prepared by the Corps of Engineers and the city of Baltimore, Maryland, dated April 2004. I20(b) T5Special Rule for Gwynns Falls, MarylandK._The report on the project for environmental restoration at Gwynns Falls, Maryland, shall be treated as being consistent and in compliance with the consent decree entered into between the United States and the Mayor and City Council of Baltimore, Maryland, filed with the United States District Court for the District of Maryland on April 26, 2002. I20(c) T5RepealK._Section 123 of Public Law 108ÿ09137 (117 Stat. 1837) is repealed. I72SEC. 3070. BOSTON HARBOR, MASSACHUSETTS. I20The project for navigation, Boston Harbor, Massachusetts, authorized by section 101(a)(13) of the Water Resources Development Act of 1990 (104 Stat. 4607), is modified to provide that no funds may be expended for the dredging of Chelsea Creek until the city of Boston and the United States Coast Guard complete the replacement of the Chelsea Street Bridge, as identified in the limited reevaluation report for the project dated June 1996. I72SEC. 3071. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN. I20(a) T5In GeneralK._The project for emergency streambank and shoreline protection, Detroit River Shoreline, Detroit, Michigan, being carried out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), is modified to include measures to enhance public access. I20(b) T5Maximum Federal ExpenditureK._The maximum amount of Federal funds that may be expended for the project shall be $3,000,000. I72SEC. 3072. ST. JOSEPH HARBOR, MICHIGAN. I20The Secretary shall expedite development of the dredged material management plan for the project for navigation St. Joseph Harbor, Michigan, authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 299). I72SEC. 3073. SAULT SAINTE MARIE, MICHIGAN. I20(a) T5In GeneralK._The text of section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254) is amended to read as follows: I20``The Secretary shall construct at Federal expense a second lock, of the same dimensions as the existing Poe Lock, adjacent to the existing lock at Sault Sainte Marie, Michigan, generally in accordance with the report of the Board of Engineers for Rivers and Harbors, dated May 19, 1986, and the limited reevaluation report dated February 2004 at a total cost of $341,714,000.''T1. I20(b) T5Conforming RepealsK._The following provisoins are repealed: I22(1) Section 107(a)(8) of the Water Resources Development Act of 1990 (104 Stat. 4620). I22(2) Section 330 of the Water Resources Development Act of 1996 (110 Stat. 3717ÿ093718). I22(3) Section 330 of the Water Resources Development Act of 1999 (113 Stat. 305). I72SEC. 3074. ADA, MINNESOTA. I20(a) T5In GeneralK._The project for flood damage reduction, Wild Rice River, Ada, Minnesota, being carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), is modified to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project. I20(b) T5Evaluation of Benefits and CostsK._In evaluating the economic benefits and costs for the project, the Secretary shall not consider the emergency levee adjacent to Judicial Ditch No. 51 in the determination of conditions existing prior to construction of the project. I20(c) T5Special RuleK._In evaluating and implementing the project, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project. I72SEC. 3075. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. I20(a) T5In GeneralK._The project for navigation, Duluth Harbor, McQuade Road, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) and modified by section 321 of the Water Resources Development Act of 2000 (114 Stat. 2605), is further modified to authorize the Secretary to provide public access and recreational facilities as generally described in the Detailed Project Report and Environmental Assessment, McQuade Road Harbor of Refuge, Duluth, Minnesota, dated August 1999. I20(b) T5CreditK._The Secretary shall provide credit toward the non-Federal share of the cost of the project for the costs of design work carried out before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I20(c) T5Maximum Federal ExpenditureK._The maximum amount of Federal funds that may be expended for the project shall be $5,000,000. I72SEC. 3076. GRAND PORTAGE HARBOR, MINNESOTA. I20The Secretary shall provide credit toward the non-Federal share of the cost of the navigation project for Grand Portage Harbor, Minnesota, carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) and modified by section 312 of the Water Resources Development Act of 2000 (114 Stat. 2605), for the costs of design work carried out before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3077. GRANITE FALLS, MINNESOTA. I20(a) T5In GeneralK._The Secretary is directed to implement under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) the locally preferred plan for flood damage reduction, Granite Falls, Minnesota, substantially in accordance with the detailed project report dated 2002, at a total cost of $12,000,000, with an estimated Federal cost of $8,000,000 and an estimated non-Federal cost of $4,000,000. I20(b) T5Project FinancingK._In evaluating and implementing the project under this section, the Secretary shall allow the non-Federal interests to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184), to the extent that the detailed project report evaluation indicates that applying such section is necessary to implement the project. I20(c) T5CreditK._The Secretary shall credit toward the non-Federal share of the project the cost of design and construction work carried out by the non-Federal interest before date of execution of a partnership agreement for the project if the Secretary determines that the work is integral to the project. I20(d) T5Maximum FundingK._The maximum amount of Federal funds that may be expended for the flood damage reduction shall be $8,000,000. I72SEC. 3078. KNIFE RIVER HARBOR, MINNESOTA. I20The project for navigation, Harbor at Knife River, Minnesota, authorized by section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19), is modified to direct the Secretary to develop a final design and prepare plans and specifications to correct the harbor entrance and mooring conditions at the project. I72SEC. 3079. RED LAKE RIVER, MINNESOTA. I20The project for flood control, Red Lake River, Crookston, Minnesota, authorized by section 101(a)(23) of the Water Resources Development Act of 1999 (113 Stat. 278), is modified to include flood protection for the adjacent and interconnected areas generally known as the Sampson and Chase/Loring neighborhoods, in accordance with the Feasibility Report Supplement, Local Flood Protection, Crookston, Minnesota, at a total cost of $17,000,000, with an estimated Federal cost of $11,000,000 and an estimated non-Federal cost of $6,000,000. I72SEC. 3080. SILVER BAY, MINNESOTA. I20The project for navigation, Silver Bay, Minnesota, authorized by section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19), is modified to include operation and maintenance of the general navigation facilities as a Federal responsibility. I72SEC. 3081. TACONITE HARBOR, MINNESOTA. I20The project for navigation, Taconite Harbor, Minnesota, carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), is modified to include operation and maintenance of the general navigation facilities as a Federal responsibility. I72SEC. 3082. TWO HARBORS, MINNESOTA. I20(a) T5In GeneralK._The project for navigation, Two Harbors, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), is modified to include construction of a dredged material disposal facility, including actions required to clear the site. I20(b) T5Lands, Easements, and Rights-of-WayK._Non-Federal interests shall be responsible for providing all lands, easements, rights-of-way, and relocations necessary for the construction of the dredged material disposal facility. I20(c) T5Maximum Federal ExpenditureK._The maximum amount of Federal funds that may be expended for the project shall be $5,000,000. I72SEC. 3083. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. I20The project for ecosystem restoration, Deer Island, Harrison County, Mississippi, being carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), is modified to authorize the non-Federal interest to provide any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials. I72SEC. 3084. PEARL RIVER BASIN, MISSISSIPPI. I20(a) T5In GeneralK._The Secretary shall complete a feasibility study for the project for flood damage reduction, Pearl River Watershed, Mississippi. I20(b) T5Comparison of AlternativesK._The feasibility study shall identify both the plan that maximizes national economic development benefits and the locally preferred plan and shall compare the level of flood damage reduction provided by each plan to that portion of Jackson, Mississippi, located below the Ross Barnett Reservoir Dam. I20(c) T5Recommended PlanK._If the Secretary determines that the locally preferred plan provides a level of flood damage reduction that is equal to or greater than the level of flood damage reduction provided by the national economic development plan, and the locally preferred plan is technically feasible and environmentally protective, the Secretary shall recommend construction of the locally preferred plan. I20(d) T5Evaluation of Project CostK._For the purposes of determining compliance with the first section of the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), the Secretary shall consider only the costs of the national economic development plan, and shall exclude incremental costs associated with the locally preferred plan that are in excess of such costs, if the non-Federal interest agrees to pay 100 percent of such incremental costs. I20(e) T5Non-Federal Cost ShareK._If the locally preferred plan is authorized for construction, the non-Federal share of the cost of the project shall be the same percentage as the non-Federal share of the cost of the national economic development plan plus all additional costs of construction associated with the locally preferred plan. I72SEC. 3085. FESTUS AND CRYSTAL CITY, MISSOURI. I20Section 102(b)(1) of the Water Resources Development Act of 1999 (113 Stat. 282) is amended by striking ``$10,000,000'' and inserting ``$12,000,000''. I72SEC. 3086. MONARCH-CHESTERFIELD, MISSOURI. I20The project for flood damage reduction, Monarch-Chesterfield, Missouri, authorized by section 101(b)(18) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of the planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3087. RIVER DES PERES, MISSOURI. I20The projects for flood control, River Des Peres, Missouri, authorized by section 101(a)(17) of the Water Resources Development Act of 1990 (104 Stat. 4607) and section 102(13) of the Water Resources Development Act of 1996 (110 Stat. 3668), are each modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3088. ANTELOPE CREEK, LINCOLN, NEBRASKA. I20The project for flood damage reduction, Antelope Creek, Lincoln, Nebraska, authorized by section 101(b)(19) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified_ I22(1) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22(2) to allow the non-Federal sponsor for the project to use, and to direct the Secretary to accept, funds provided under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the project if such funds are authorized to be used to carry out the project. I72SEC. 3089. SAND CREEK WATERSHED, WAHOO, NEBRASKA. I20The project for ecosystem restoration and flood damage reduction, Sand Creek watershed, Wahoo, Nebraska, authorized by section 101(b)(20) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified_ I22(1) to direct the Secretary to provide credit toward the non-Federal share of the cost of the project or reimbursement for the costs of any work that has been or will be performed by the non-Federal interest before, on, or after the approval of the project partnership agreement, including work performed by the non-Federal interest in connection with the design and construction of 7 upstream detention storage structures, if the Secretary determines that the work is integral to the project; I22(2) to require that in-kind work to be credited under paragraph (1) be subject to audit; and I22(3) to direct the Secretary to accept advance funds from the non-Federal interest as needed to maintain the project schedule. I72SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW JERSEY. I20The project for navigation mitigation, ecosystem restoration, shore protection, and hurricane and storm damage reduction, Lower Cape May Meadows, Cape May Point, New Jersey, authorized by section 101(a)(25) of the Water Resources Development Act of 1999 (113 Stat. 278), is modified to incorporate the project for shoreline erosion control, Cape May Point, New Jersey, carried out under section 5 of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426h), if the Secretary determines that such incorporation is feasible. I72SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY. I20The project for flood control, Passaic River, New Jersey and New York, authorized by section 101(a)(18) of the Water Resources Development Act of 1990 (104 Stat. 4607) and modified by section 327 of the Water Resources Development Act of 2000 (114 Stat. 2607), is further modified to direct the Secretary to include the benefits and costs of preserving natural flood storage in any future economic analysis of the project. I72SEC. 3092. BUFFALO HARBOR, NEW YORK. I20The project for navigation, Buffalo Harbor, New York, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1176), is modified to include measures to enhance public access, at Federal cost of $500,000. I72SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. I20The project for shoreline protection, Orchard Beach, Bronx, New York, authorized by section 554 of the Water Resources Development Act of 1996 (110 Stat. 3781), is modified to authorize the Secretary to construct the project, at a total cost of $20,000,000. I72SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY. I20The navigation project, Port of New York and New Jersey, New York and New Jersey, authorized by section 101(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified_ I22(1) to authorize the Secretary to allow the non-Federal interest to construct a temporary dredged material storage facility to receive dredged material from the project if_ I24(A) the non-Federal interest submits, in writing, a list of potential sites for the temporary storage facility to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Secretary at least 180 days before the selection of the final site; and I24(B) at least 70 percent of the dredged material generated in connection with the project suitable for beneficial reuse will be used at sites in the State of New Jersey to the extent that there are sufficient sites available; and I22(2) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of construction of the temporary storage facility if the Secretary determines that the work is integral to the project. I72SEC. 3095. NEW YORK STATE CANAL SYSTEM. I20Section 553(c) of the Water Resources Development Act of 1996 (110 Stat. 3781) is amended to read as follows: I20``(c) T5New York State Canal System DefinedK._In this section, the term `New York State Canal System' means the 524 miles of navigable canal that comprise the New York State Canal System, including the Erie, Cayuga-Seneca, Oswego, and Champlain Canals and the historic alignments of these canals, including the cities of Albany and Buffalo.''T1. I72SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. I20Section 507(1) of the Water Resources Development Act of 1996 (110 Stat. 3758) is amended by striking ``$2,500,000'' and inserting ``$6,000,000''. I72SEC. 3097. MAHONING RIVER, OHIO. I20In carrying out the project for environmental dredging, authorized by section 312(f)(4) of the Water Resources Development Act of 1990 (33 U.S.C. 1272(f)(4)), the Secretary is directed to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3098. ARCADIA LAKE, OKLAHOMA. I20Payments made by the city of Edmond, Oklahoma, to the Secretary in October 1999 of costs associated with present and future water storage at Arcadia Lake, Oklahoma, under Arcadia Lake Water Storage Contract Number DACW56ÿ0979ÿ09Cÿ090072 shall satisfy the obligations of the city under that contract for such costs, including accrued interest. I72SEC. 3099. WAURIKA LAKE, OKLAHOMA. I20The remaining obligation of the Waurika Project Master Conservancy District payable to the United States Government in the amounts, rates of interest, and payment schedules is set at the amounts, rates of interest, and payment schedules that existed, and that both parties agreed to, on June 3, 1986, and may not be adjusted, altered, or changed without a specific, separate, and written agreement between the District and the United States Government. I72SEC. 3100. WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE SUBBASIN, OREGON. I20(a) T5In GeneralK._The project for environmental restoration, Willamette River temperature control, McKenzie Subbasin, Oregon, authorized by section 101(a)(25) of the Water Resources Development Act of 1996 (110 Stat. 3665) and modified by section 344 of the Water Resources Development Act of 1999 (113 Stat. 308), is further modified to direct the Secretary to pay, subject to the availability of appropriations, compensation for losses to small business attributable to the implementation of the drawdown conducted as a part of project implementation in 2002. I20(b) T5Establishment of ProgramK._Not later than 120 days after the date of enactment of this Act, the Secretary shall establish, and provide public notice of, a program_ I22(1) to receive claims for compensation for losses to small business attributable to the implementation of the drawdown conducted as a part of project implementation in 2002; I22(2) to evaluate claims for such losses; and I22(3) to pay claims for such losses. I20(c) T5Implementation of ProgramK._In carrying out the program established under subsection (b), the Secretary shall provide_ I22(1) public notice of the existence of the program sufficient to reach those in the area that may have suffered losses to small businesses; I22(2) a period for the submission of claims of not fewer than 45 days and not greater than 75 days from the date of the first public notice of the existence of the program; I22(3) for the evaluation of each claim submitted to the Secretary under the program and a determination of whether the claim constitutes a loss to a small business on or before the last day of the 30-day period beginning on the date of submission of the claim; and I22(4) for the payment of each claim that the Secretary determines constitutes a loss to a small business on or before the last day of the 30-day period beginning on the date of the Secretary's determination. I20(d) T5Loss to a Small Business DefinedK._In this section, the term ``loss to a small business'' means documented financial losses associated with commercial activity of a small business that can be attributed to the turbidity levels in the McKenzie River being higher than those anticipated in the original planning documents and public announcements existing before the initiation of the drawdown in 2002. Commercial losses include decline in sales, loss of revenue (including loss of revenue from canceled or delayed reservations at lodging establishments), and any other financial losses that can be shown to be associated with the elevated turbidity levels in the McKenzie River in 2002. I20(e) T5Payment of ClaimsK._The payment of claims for losses to small businesses shall be a Federal responsibility. I72SEC. 3101. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, AND DELAWARE. I20The Secretary may remove debris from the project for navigation, Delaware River, Pennsylvania, New Jersey, and Delaware, Philadelphia to the Sea. I72SEC. 3102. RAYSTOWN LAKE, PENNSYLVANIA. I20The Secretary may take such action as may be necessary, including construction of a breakwater, to prevent shoreline erosion between .07 and 2.7 miles south of Pennsylvania State route 994 on the east shore of Raystown Lake, Pennsylvania. I72SEC. 3103. SHERADEN PARK STREAM AND CHARTIERS CREEK, ALLEGHENY COUNTY, PENNSYLVANIA. I20The project for aquatic ecosystem restoration, Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to credit up to $400,000 toward the non-Federal share of the cost of the project for planning and design work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3104. SOLOMON'S CREEK, WILKES-BARRE, PENNSYLVANIA. I20The project for flood control, Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4124), is modified to include as a project element the project for flood control for Solomon's Creek, Wilkes-Barre, Pennsylvania. I72SEC. 3105. SOUTH CENTRAL PENNSYLVANIA. I20Section 313 of the Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142) is amended_ I22(1) in subsection (g)(1) by striking ``$180,000,000'' and inserting ``$200,000,000''; and I22(2) in subsection (h)(2) by striking ``Allegheny, Armstrong, Beford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder, Washington, and Westmoreland Counties'' and inserting ``Allegheny, Armstrong, Bedford, Blair, Cambria, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Somerset, Washington, and Westmoreland Counties''. I72SEC. 3106. WYOMING VALLEY, PENNSYLVANIA. I20In carrying out the project for flood control, Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4124), the Secretary shall coordinate with non-Federal interests to review opportunities for increased public access. I72SEC. 3107. CEDAR BAYOU, TEXAS. I20(a) T5In GeneralK._The project for navigation, Cedar Bayou, Texas, reauthorized by section 349(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2632), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of planning and design work carried out by the non-Federal interest for the project if the Secretary determines that such work is integral to the project. I20(b) T5Cost SharingK._Cost sharing for construction and operation and maintenance of the project shall be determined in accordance with section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). I72SEC. 3108. FREEPORT HARBOR, TEXAS. I20The project for navigation, Freeport Harbor, Texas, authorized by section 101 of the Rivers and Harbors Act of 1970 (84 Stat. 1818), is modified._ I22(1) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of the planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22(2) to direct the Secretary to remove the sunken vessel ``COMSTOCK'' at Federal expense. I72SEC. 3109. JOHNSON CREEK, ARLINGTON, TEXAS. I20The project for flood damage reduction, environmental restoration, and recreation, authorized by section 101(b)(14) of the Water Resources Development Act of 1999 (113 Stat. 280), is modified to authorize the Secretary to carry out the project at a total cost of $29,717,000, with an estimated Federal cost of $20,670,000 and an estimated non-Federal cost $9,047,000. I72SEC. 3110. LAKE KEMP, TEXAS. I20(a) T5In GeneralK._The Secretary may not take any legal or administrative action seeking to remove a Lake Kemp improvement before the earlier of January 1, 2020, or the date of any transfer of ownership of the improvement occurring after the date of enactment of this Act. I20(b) T5Limitation on LiabilityK._The United States, or any of its officers, agents, or assignees, shall not be liable for any injury, loss, or damage accruing to the owners of a Lake Kemp improvement, their lessees, or occupants as a result of any flooding or inundation of such improvements by the waters of the Lake Kemp reservoir, or for such injury, loss, or damage as may occur through the operation and maintenance of the Lake Kemp dam and reservoir in any manner. I20(c) T5Lake Kemp Improvement DefinedK._In this section, the term ``Lake Kemp improvement'' means an improvement (including dwellings) located within the flowage easement of Lake Kemp, Texas, below elevation 1159 feet mean sea level. I72SEC. 3111. LOWER RIO GRANDE BASIN, TEXAS. I20The project for flood control, Lower Rio Grande Basin, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125), is modified_ I22(1) to include as part of the project flood protection works to reroute drainage to Raymondville Drain constructed by the non-Federal interests in Hidalgo County in the vicinity of Edinburg, Texas, if the Secretary determines that such work meets feasibility requirements; I22(2) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22(3) to direct the Secretary, in calculating the non-Federal share of the cost of the project, to make a determination within 180 days after the date of enactment of this Act under section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) on the non-Federal interest's ability to pay. I72SEC. 3112. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS. I20The project for ecosystem restoration and storm damage reduction, North Padre Island, Corpus Christi Bay, Texas, authorized by section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), is modified to include recreation as a project purpose. I72SEC. 3113. PAT MAYSE LAKE, TEXAS. I20The Secretary is directed to accept from the city of Paris, Texas, $3,461,432 as payment in full of monies owed to the United States for water supply storage space in Pat Mayse Lake, Texas, under contract number DAÿ0934ÿ09066ÿ09CIVENG-65ÿ091272, including accrued interest. I72SEC. 3114. PROCTOR LAKE, TEXAS. I20The Secretary is authorized to purchase fee simple title to all properties located within the boundaries, and necessary for the operation, of the Proctor Lake project, Texas, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1259). I72SEC. 3115. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. I20The project for flood control, San Antonio Channel, Texas, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1259) as part of the comprehensive plan for flood protection on the Guadalupe and San Antonio Rivers in Texas and modified by section 103 of the Water Resources Development Act of 1976 (90 Stat. 2921) and section 335 of the Water Resources Development Act of 2000 (114 Stat. 2611), is further modified to authorize the Secretary to credit toward the non-Federal share of the cost of the project the cost of design and construction work carried out by the non-Federal interest for the project if the Secretary determines that the work is integral to the project. I72SEC. 3116. JAMES RIVER, VIRGINIA. I20 The project for navigation, James River, Virginia, authorized by the first section of the River and Harbor Appropriations Act of July 5, 1884 (23 Stat. 138), is further modified to authorize the Secretary to enlarge the turning basin adjacent to the Richmond Deepwater Terminal at a total cost of $1,511,000 if the Secretary determines that the such enlargement is necessary for navigation safety. I72SEC. 3117. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND WISE COUNTIES, VIRGINIA. I20The project for flood control, Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, authorized by section 202 of the Energy and Water Development Appropriation Act, 1981 (94 Stat. 1339) and modified by section 352 of the Water Resources Development Act of 1996 (110 Stat. 3724ÿ093725) and section 336 of the Water Resources Development Act of 2000 (114 Stat. 2611), is further modified to direct the Secretary to determine the ability of Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia, to pay the non-Federal share of the cost of the project based solely on the criterion specified in section 103(m)(3)(A)(i) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)). I72SEC. 3118. TANGIER ISLAND SEAWALL, VIRGINIA. I20Section 577(a) of the Water Resources Development Act of 1996 (110 Stat. 3789) is amended by striking ``at a total cost of $1,200,000, with an estimated Federal cost of $900,000 and an estimated non-Federal cost of $300,000.'' and inserting ``at a total cost of $3,000,000, with an estimated Federal cost of $2,250,000 and an estimated non-Federal cost of $750,000.''. I72SEC. 3119. DUWAMISH/GREEN, WASHINGTON. I20 The project for ecosystem restoration, Duwamish/Green, Washington, authorized by section 101(b)(26) of the Water Resources Development Act of 2000 (114 Stat. 2579), is modified_ I22(1) to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before, on, or after the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22(2) to authorize the non-Federal interest to provide any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials. I72SEC. 3120. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON. I20The project for aquatic ecosystem restoration, Yakima River, Port of Sunnyside, Washington, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to direct the Secretary to credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 3121. GREENBRIER RIVER BASIN, WEST VIRGINIA. I20Section 579(c) of the Water Resources Development Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by striking ``$47,000,000'' and inserting ``$99,000,000''. I72SEC. 3122. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. I20Section 30(d) of the Water Resources Development Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended to read as follows: I20``(d) T5Historic StructureK._The Secretary shall ensure the preservation and restoration of the structure known as the `Jenkins House', and the reconstruction of associated buildings and landscape features of such structure located within the Lesage/Greenbottom Swamp in accordance with the Secretary of the Interior's standards for the treatment of historic properties. Amounts made available for expenditure for the project authorized by section 301(a) of the Water Resources Development Act of 1986 (100 Stat. 4110) shall be available for the purposes of this subsection.''T1. I72SEC. 3123. NORTHERN WEST VIRGINIA. I20Section 557 of the Water Resources Development Act of 1999 (113 Stat. 353) is amended in the first sentence by striking ``favorable''. I72SEC. 3124. MANITOWOC HARBOR, WISCONSIN. I20The project for navigation, Manitowoc Harbor, Wisconsin, authorized by the River and Harbor Act of August 30, 1852, is modified to direct the Secretary to deepen the upstream reach of the navigation channel from 12 feet to 18 feet, at a total cost of $300,000. I72SEC. 3125. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. I20Section 21 of the Water Resources Development Act of 1988 (102 Stat. 4027) is amended_ I22(1) in subsection (a)_ I24(A) by striking ``1276.42'' and inserting ``1278.42''; I24(B) by striking ``1218.31'' and inserting ``1221.31''; and I24(C) by striking ``1234.82'' and inserting ``1235.30''; and I22(2) by striking subsection (b) and inserting the following: I20``(b) T5ExceptionK._The Secretary may operate the headwaters reservoirs below the minimum or above the maximum water levels established in subsection (a) in accordance with water control regulation manuals (or revisions thereto) developed by the Secretary, after consultation with the Governor of Minnesota and affected tribal governments, landowners, and commercial and recreational users. The water control regulation manuals (and any revisions thereto) shall be effective when the Secretary transmits them to Congress. The Secretary shall report to Congress at least 14 days before operating any such headwaters reservoir below the minimum or above the maximum water level limits specified in subsection (a); except that notification is not required for operations necessary to prevent the loss of life or to ensure the safety of the dam or where the drawdown of lake levels is in anticipation of flood control operations.''T1. I72SEC. 3126. CONTINUATION OF PROJECT AUTHORIZATIONS. I20(a) T5In GeneralK._Notwithstanding section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following projects shall remain authorized to be carried out by the Secretary: I22(1) The project for flood control, Agana River, Guam, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4127). I22(2) The project for navigation, Fall River Harbor, Massachusetts, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731); except that the authorized depth of that portion of the project extending riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall River and Somerset, Massachusetts, shall not exceed 35 feet. I20(b) T5LimitationK._A project described in subsection (a) shall not be authorized for construction after the last day of the 5-year period beginning on the date of enactment of this Act, unless, during such period, funds have been obligated for the construction (including planning and design) of the project. I72SEC. 3127. PROJECT REAUTHORIZATIONS. I20Each of the following projects may be carried out by the Secretary and no construction on any such project may be initiated until the Secretary determines that the project is feasible: I22(1) T4Menominee harbor and river, michigan and wisconsinK._The project for navigation, Menominee Harbor and River, Michigan and Wisconsin, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 482) and deauthorized on April 15, 2002, in accordance with section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)). I22(2) T4Manitowoc harbor, wisconsinK._That portion of the project for navigation, Manitowoc Harbor, Wisconsin, consisting of the channel in the south part of the outer harbor, deauthorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1176). I72SEC. 3128. PROJECT DEAUTHORIZATIONS. I20(a) T5In GeneralK._The following projects are not authorized after the date of enactment of this Act: I22(1) T4Bridgeport harbor, connecticutK._The portion of the project for navigation, Bridgeport Harbor, Connecticut, authorized by the first section of the River and Harbor Act of July 3, 1930 (46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River and described as follows: Beginning at a point along the eastern limit of the existing project, N123,649.75, E481,920.54, thence running northwesterly about 52.64 feet to a point N123,683.03, E481,879.75, thence running northeasterly about 1,442.21 feet to a point N125,030.08, E482,394.96, thence running northeasterly about 139.52 feet to a point along the eastern limit of the existing channel, N125,133.87, E482,488.19, thence running southwesterly about 1,588.98 feet to the point of origin. I22(2) T4Mystic river, connecticutK._The portion of the project for navigation, Mystic River, Connecticut, authorized by the first section of the River and Harbor Approriations Act of September 19, 1890 (26 Stat. 436) consisting of a 12-foot-deep channel, approximately 7,554 square feet in area, starting at a point N193,086.51, E815,092.78, thence running north 59 degrees 21 minutes 46.63 seconds west about 138.05 feet to a point N193,156.86, E814,974.00, thence running north 51 degrees 04 minutes 39.00 seconds west about 166.57 feet to a point N193,261.51, E814,844.41, thence running north 43 degrees 01 minutes 34.90 seconds west about 86.23 feet to a point N193,324.55, E814,785.57, thence running north 06 degrees 42 minutes 03.86 seconds west about 156.57 feet to a point N193,480.05, E814,767.30, thence running south 21 degrees 21 minutes 17.94 seconds east about 231.42 feet to a point N193,264.52, E814,851.57, thence running south 53 degrees 34 minutes 23.28 seconds east about 299.78 feet to the point of origin. I22(3) T4Falmouth harbor, massachusettsK._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. I22(4) T4Island end river, massachusettsK._The portion of the project for navigation, Island End River, Massachusetts, carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), described as follows: Beginning at a point along the eastern limit of the existing project, N507,348.98, E721,180.01, thence running northeast about 35 feet to a point N507,384.17, E721,183.36, thence running northeast about 324 feet to a point N507,590.51, E721,433.17, thence running northeast about 345 feet to a point along the northern limit of the existing project, N507,927.29, E721,510.29, thence running southeast about 25 feet to a point N507,921.71, E721,534.66, thence running southwest about 354 feet to a point N507,576.65, E721,455.64, thence running southwest about 357 feet to the point of origin. I22(5) T4City waterway, tacoma, washingtonK._The portion of the project for navigation, City Waterway, Tacoma, Washington, authorized by the first section of the River and Harbor Appropriations Act of June 13, 1902 (32 Stat. 347), consisting of the last 1,000 linear feet of the inner portion of the waterway beginning at station 70+00 and ending at station 80+00. I20(b) T5Anchorage Area, New London Harbor, ConnecticutK._The portion of the project for navigation, New London Harbor, Connecticut, authorized by the River and Harbor Appropriations Act of June 13, 1902 (32 Stat. 333), that consists of a 23-foot waterfront channel and that is further described as beginning at a point along the western limit of the existing project, N188, 802.75, E779, 462.81, thence running northeasterly about 1,373.88 feet to a point N189, 554.87, E780, 612.53, thence running southeasterly about 439.54 feet to a point N189, 319.88, E780, 983.98, thence running southwesterly about 831.58 feet to a point N188, 864.63, E780, 288.08, thence running southeasterly about 567.39 feet to a point N188, 301.88, E780, 360.49, thence running northwesterly about 1,027.96 feet to the point of origin, shall be redesignated as an anchorage area. I20(c) T5Southport Harbor, Fairfield, ConnecticutK._The project for navigation, Southport Harbor, Fairfield, Connecticut, authorized by section 2 of the River and Harbor Act of March 2, 1829, and by the first section of the River and Harbor Act of August 30, 1935 (49 Stat. 1029), and section 364 of the Water Resources Development Act of 1996 (110 Stat. 3733ÿ093734), is further modified to redesignate a portion of the 9-foot-deep channel to an anchorage area, approximately 900 feet in length and 90,000 square feet in area, and lying generally north of a line with points at coordinates N108,043.45, E452,252.04 and N107938.74, E452265.74. I20(d) T5Mystic River, MassachusettsK._The portion of the project for navigation, Mystic River, Massachusetts, authorized by the first section of the River and Harbor Appropriations Act of July 13, 1892 (27 Stat. 96), between a line starting at a point N515,683.77, E707,035.45 and ending at a point N515,721.28, E707,069.85 and a line starting at a point N514,595.15, E707,746.15 and ending at a point N514,732.94, E707,658.38 shall be relocated and reduced from 100 foot to a 50-foot wide channel after the date of enactment of this Act described as follows: Beginning at a point N515,721.28, E707,069.85, thence running southeasterly about 840.50 feet to a point N515,070.16, E707,601.27, thence running southeasterly about 177.54 feet to a point N514,904.84, E707,665.98, thence running southeasterly about 319.90 feet to a point with coordinates N514,595.15, E707,746.15, thence running northwesterly about 163.37 feet to a point N514,732.94, E707,658.38, thence running northwesterly about 161.58 feet to a point N514.889.47, E707,618.30, thence running northwesterly about 166.61 feet to a point N515.044.62, E707,557.58, thence running northwesterly about 825.31 feet to a point N515,683.77, E707,035.45, thence running northeasterly about 50.90 feet returning to a point N515,721.28, E707,069.85. I20(e) T5Green Bay Harbor, Green Bay, WisconsinK._The portion of the inner harbor of the Federal navigation channel, Green Bay Harbor, Green Bay, Wisconsin, authorized by the first section of the River and Harbor Act of June 23, 1866, beginning at station 190+00 to station 378+00 is authorized to a width of 75 feet and a depth of 6 feet. I20(f) T5Additional DeauthorizationsK._The following projects are not authorized after the date of enactment of this Act, except with respect to any portion of such a project which portion has been completed before such date or is under construction on such date: I22(1) The project for flood control, Cache Creek Basin, Clear Lake Outlet Channel, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4112). I22(2) The project for flood protection on Atascadero Creek and its tributaries of Goleta, California, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1826). I22(3) The project for flood control, central and southern Florida, Shingle Creek basin, Florida, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182). I22(4) The project for flood control, Middle Wabash, Greenfield Bayou, Indiana, authorized by section 10 of the Flood Control Act of July 24, 1946 (60 Stat. 649). I22(5) The project for flood damage reduction, Lake George, Hobart, Indiana, authorized by section 602(a)(2) of the Water Resources Development Act of 1986 (100 Stat. 4148). I22(6) The project for flood control, Green Bay Levee and Drainage District No. 2, Iowa, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), deauthorized in fiscal year 1991, and reauthorized by section 115(a) of the Water Resources Development Act of 1992 (106 Stat. 4821). I22(7) The project for flood control, Hazard, Kentucky, authorized by section 3(a)(7) of the Water Resources Development Act of 1988 (100 Stat. 4014) and section 108 of the Water Resources Development Act of 1990 (104 Stat. 4621). I22(8) The recreation portion of the project for flood control, Taylorsville Lake, Kentucky, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421). I22(9) The project for flood control, western Kentucky tributaries, Kentucky, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1076) and modified by section 210 of the Flood Control Act of 1970 (84 Stat. 1829). I22(10) The project for flood damage reduction, Tensas-Cocodrie area, Louisiana, authorized by section 3 of the Flood Control Act of August 18, 1941 (55 Stat. 643). I22(11) The project for flood control, Eastern Rapides and South-Central Avoyelles Parishes, Louisiana, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825). I22(12) The bulkhead and jetty features at Lake Borgne and Chef Menteur, Louisiana, of the project for navigation, Mississippi River, Baton Rouge to the Gulf of Mexico, barge channel through Devils Swamp, Louisiana, authorized by the first section of the River and Harbor Act of July 24, 1946 (60 Stat. 635). I22(13) The project for navigation Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas, authorized by the River and Harbor Act of 1968 (82 Stat. 731). I22(14) The project for flood damage reduction Brockton, Massachusetts, authorized by section 401(c) of the Water Resources Development Act of 1986 (100 Stat. 4129). I22(15) The project for navigation, Grand Haven Harbor, Michigan, authorized by section 202 of the Water Resources Development Act of 1986 (100 Stat. 4093). I22(16) The project for hydropower, Libby Dam, Montana, (Units 6ÿ098), authorized by section 549 of the Water Resources Development Act of 1996 (110 Stat. 3779). I22(17) The project for flood damage reduction, Platte River Flood and Related Streambank Erosion Control, Nebraska, authorized by section 603(f)(6) of the Water Resources Development Act of 1986 (100 Stat. 4150). I22(18) The project for navigation, Outer Harbor, Buffalo, New York, authorized by section 110 of the Water Resources Development Act of 1992 (106 Stat. 4817). I22(19) The project for flood control, Sugar Creek Basin, North Carolina and South Carolina, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4121). I22(20) The project for flood control, Miami River, Fairfield, Ohio, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4122). I22(21) The project for shoreline protection, Maumee Bay, Lake Erie, Ohio, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4135). I22(22) The project for flood control and water supply, Parker Lake, Muddy Boggy Creek, Oklahoma, authorized by section 601 of the Water Resources Development Act of 1986 (100 Stat. 4144). I22(23) The project for the Columbia River, Seafarers Memorial, Hammond, Oregon, authorized by title I of the Energy and Water Development Appropriations Act, 1991 (104 Stat. 2078). I22(24) The project for bulkhead repairs, Quonset Point-Davisville, Rhode Island, authorized by section 571 of the Water Resources Development Act of 1996 (110 Stat. 3788). I22(25) The project for flood damage reduction, Harris Fork Creek, Tennessee and Kentucky, authorized by section 102 of the Water Resources Development Act of 1976 (90 Stat. 2921). I22(26) The Arroyo Colorado, Texas, feature of the project for flood control Lower Rio Grande, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125). I22(27) The structural portion of the project for flood control, Cypress Creek, Texas, authorized by section 3(a)(13) of the Water Resources Development Act of 1988 (102 Stat. 4014). I22(28) The project for flood protection, East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas, authorized by section 202 of the Flood Control Act of 1962 (76 Stat. 1185). I22(29) The project for flood control, Falfurrias, Texas, authorized by section 3(a)(14) of the Water Resources Development Act of 1988 (102 Stat. 4014). I22(30) The project for streambank erosion, Kanawha River, Charleston, West Virginia, authorized by section 603(f)(13) of the Water Resources Development Act of 1986 (100 Stat. 4153). I20(g) T5ConditionsK._The first sentence of section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended_ I22(1) by striking ``two years'' and inserting ``year''; and I22(2) by striking ``7'' and inserting ``5''. I72SEC. 3129. LAND CONVEYANCES. I20(a) T5St. Francis Basin, Arkansas and MissouriK._ I22(1) T4In generalK._The Secretary shall convey to the State of Arkansas, without monetary consideration and subject to paragraph (2), all right, title, and interest to real property within the State acquired by the Federal Government as mitigation land for the project for flood control, St. Francis Basin, Arkansas and Missouri Project, authorized by the Flood Control Act of May 15, 1928 (33 U.S.C. 702a et seq.) I22(2) T4Terms and conditionsK._ I24(A) T4In generalK._The conveyance by the United States under this subsection shall be subject to_ I26(i) the condition that the State of Arkansas agree to operate, maintain, and manage the real property for fish and wildlife, recreation, and environmental purposes at no cost or expense to the United States; and I26(ii) such other terms and conditions as the Secretary determines to be in the interest of the United States. I24(B) T4ReversionK._If the Secretary determines that the real property conveyed under paragraph (1) ceases to be held in public ownership or the State ceases to operate, maintain, and manage the real property in accordance with this subsection, all right, title, and interest in and to the property shall revert to the United States, at the option of the Secretary. I22(3) T4MitigationK._Nothing in this subsection extinguishes the responsibility of the Federal Government or the non-Federal interest for the project referred to in paragraph (1) from the obligation to implement mitigation for such project that existed on the day prior to the transfer authorized by this subsection. I20(b) T5Milford, KansasK._ I22(1) T4In generalK._The Secretary shall convey by quitclaim deed without consideration to the Geary County Fire Department, Milford, Kansas, all right, title, and interest of the United States in and to real property consisting of approximately 7.4 acres located in Geary County, Kansas, for construction, operation, and maintenance of a fire station. I22(2) T4ReversionK._If the Secretary determines that the real property conveyed under paragraph (1) ceases to be held in public ownership or to be used for any purpose other than a fire station, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. I20(c) T5Pike County, MissouriK._ I22(1) T4In generalK._At such time as S.S.S., Inc., conveys all right, title and interest in and to the real property described in paragraph (2)(A) to the United States, the Secretary shall convey all right, title, and interest of the United States in and to the real property described in paragraph (2)(B) to S.S.S., Inc. I22(2) T4Land descriptionK._The parcels of land referred to in paragraph (1) are the following: I24(A) T4Non-federal landK._Approximately 42 acres, the exact legal description to be determined by mutual agreement of S.S.S., Inc., and the Secretary, subject to any existing flowage easements situated in Pike County, Missouri, upstream and northwest, about a 200-foot distance from Drake Island (also known as Grimes Island). I24(B) T4Federal landK._Approximately 42 acres, the exact legal description to be determined by mutual agreement of S.S.S. Inc., and the Secretary, situated in Pike County, Missouri, known as Government Tract Numbers MIsÿ097 and a portion of FMÿ0946 (both tracts on Buffalo Island), administered by the Corps of Engineers. I22(3) T4ConditionsK._The exchange of real property under paragraph (1) shall be subject to the following conditions: I24(A) T4DeedsK._ I26(i) T4Non-federal landK._The conveyance of the real property described in paragraph (2)(A) to the Secretary shall be by a warranty deed acceptable to the Secretary. I26(ii) T4Federal landK._The instrument of conveyance used to convey the real property described in paragraph (2)(B) to S.S.S., Inc., shall be by quitclaim deed and contain such reservations, terms, and conditions as the Secretary considers necessary to allow the United States to operate and maintain the Mississippi River 9-Foot Navigation Project. I24(B) T4Removal of improvementsK._S.S.S., Inc., may remove, and the Secretary may require S.S.S., Inc., to remove, any improvements on the land described in paragraph (2)(A). I24(C) T4Time limit for exchangeK._The land exchange under paragraph (1) shall be completed not later than 2 years after the date of enactment of this Act. I22(4) T4Value of propertiesK._If the appraised fair market value, as determined by the Secretary, of the real property conveyed to S.S.S., Inc., by the Secretary under paragraph (1) exceeds the appraised fair market value, as determined by the Secretary, of the real property conveyed to the United States by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall make a payment to the United States equal to the excess in cash or a cash equivalent that is satisfactory to the Secretary. I20(d) T5Boardman, OregonK._Section 501(g)(1) of the Water Resources Development Act of 1996 (110 Stat. 3751) is amended_ I22(1) by striking ``city of Boardman,'' and inserting ``the Boardman Park and Recreation District, Boardman,''; and I22(2) by striking ``such city'' and inserting ``the city of Boardman''. I20(e) T5Tioga Township, PennsylvaniaK._ I22(1) T4In generalK._The Secretary shall convey by quitclaim deed to the Tioga Township, Pennsylvania, without consideration, all right, title, and interest of the United States in and to the parcel of real property located on the northeast end of Tract No. 226, a portion of the Tioga-Hammond Lakes flood control project, Tioga County, Pennsylvania, consisting of approximately 8 acres, together with any improvements on that property, for public ownership and use as the site of the administrative offices and road maintenance complex for the Township. I22(2) T4Reservation of interestsK._The Secretary shall reserve such rights and interests in and to the property to be conveyed as the Secretary considers necessary to preserve the operational integrity and security of the Tioga-Hammond Lakes flood control project. I22(3) T4ReversionK._If the Secretary determines that the property conveyed under paragraph (1) ceases to be held in public ownership, or to be used as a site for the Tioga Township administrative offices and road maintenance complex or for related public purposes, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. I20(f) T5Richard B. Russell Lake, South CarolinaK._ I22(1) T4In generalK._The Secretary shall convey to the State of South Carolina, by quitclaim deed, at fair market value, all right, title, and interest of the United States in and to the real property described in paragraph (2) that is managed, as of the date of enactment of this Act, by the South Carolina department of commerce for public recreation purposes for the Richard B. Russell Dam and Lake, South Carolina, project authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1420). I22(2) T4Land descriptionK._Subject to paragraph (3), the real property referred to in paragraph (1) is the parcel contained in the portion of real property described in Army Lease Number DACW21ÿ091ÿ0992ÿ090500. I22(3) T4Reservation of interestsK._The United States shall reserve_ I24(A) ownership of all real property included in the lease referred to in paragraph (2) that would have been acquired for operational purposes in accordance with the 1971 implementation of the 1962 Army/Interior Joint Acquisition Policy; and I24(B) such other rights and interests in and to the real property to be conveyed as the Secretary considers necessary for authorized project purposes, including easement rights-of-way to remaining Federal land. I22(4) T4No effect on shore management policyK._The Shoreline Management Policy (ERÿ091130ÿ092ÿ09406) of the Corps of Engineer shall not be changed or altered for any proposed development of land conveyed under this subsection. I22(5) T4Cost sharingK._In carrying out the conveyance under this subsection, the Secretary and the State shall comply with all obligations of any cost-sharing agreement between the Secretary and the State with respect to the real property described in paragraph (2) in effect as of the date of the conveyance. I22(6) T4Land not conveyedK._The State shall continue to manage the real property described in paragraph (3) not conveyed under this subsection in accordance with the terms and conditions of Army Lease Number DACW21ÿ091ÿ0992ÿ090500. I20(g) T5Generally Applicable ProvisionsK._ I22(1) T4Survey to obtain legal descriptionK._The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. I22(2) T4Applicability of property screening provisionsK._Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. I22(3) T4Additional terms and conditionsK._The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers appropriate and necessary to protect the interests of the United States. I22(4) T4Costs of conveyanceK._An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. I22(5) T4LiabilityK._An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. I72SEC. 3130. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE RESTRICTIONS. I20(a) T5IdahoK._ I22(1) T4In generalK._With respect to the property covered by each deed in paragraph (2)_ I24(A) the reversionary interests and use restrictions relating to port and industrial use purposes are extinguished; I24(B) the restriction that no activity shall be permitted that will compete with services and facilities offered by public marinas is extinguished; I24(C) the human habitation or other building structure use restriction is extinguished if the elevation of the property is above the standard project flood elevation; and I24(D) the use of fill material to raise areas of the property above the standard project flood elevation is authorized, except in any area for which a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is required. I22(2) T4Affected deedsK._The deeds with the following county auditor's file numbers are referred to in paragraph (1): I24(A) Auditor's Instruments No. 399218 and No. 399341 of Nez Perce County, Idaho_2.07 acres. I24(B) Auditor's Instruments No. 487437 and No. 339341 of Nez Perce County, Idaho_7.32 acres. I20(b) T5Old Hickory Lock and Dam, Cumberland River, TennesseeK._ I22(1) T4Release of retained rights, interests, reservationsK._With respect to land conveyed by the Secretary to the Tennessee Society of Crippled Children and Adults, Incorporated (now known as ``Easter Seals Tennessee''), at Old Hickory Lock and Dam, Cumberland River, Tennessee, under section 211 of the Flood Control Act of 1965 (79 Stat. 1087), the reversionary interests and the use restrictions relating to recreation and camping purposes are extinguished. I22(2) T4Instrument of releaseK._As soon as possible after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument effectuating the release of interests required by paragraph (1). I20(c) T5Port of Pasco, WashingtonK._ I22(1) T4Extinguishment of use restrictions and flowage easementK._With respect to the property covered by the deed in paragraph (3)(A)_ I24(A) the flowage easement and human habitation or other building structure use restriction is extinguished if the elevation of the property is above the standard project flood elevation; and I24(B) the use of fill material to raise areas of the property above the standard project flood elevation is authorized, except in any area for which a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is required. I22(2) T4Extinguishment of flowage easementK._With respect to the property covered by each deed in paragraph (3)(B), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. I22(3) T4Affected deedsK._The deeds referred to in paragraphs (1) and (2) are as follows: I24(A) Auditor's File Number 262980 of Franklin County, Washington. I24(B) Auditor's File Numbers 263334 and 404398 of Franklin County, Washington. I20(d) T5No Effect on Other RightsK._Nothing in this section affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. I78TITLE IV_STUDIES I72SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. I20Section 455 of the Water Resources Development Act of 1999 (42 U.S.C. 1962dÿ0921) is amended by adding at the end the following: I20``(g) T5In-Kind Contributions for StudyK._The non-Federal interest may provide up to 100 percent of the non-Federal share required under subsection (f) in the form of in-kind services and materials.''T1. I72SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES. I20The 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. I72SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY. I20(a) T5In GeneralK._The Secretary, in coordination with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and other appropriate agencies, shall conduct, at Federal expense, a comprehensive study of drought conditions in the southwestern United States, with a particular emphasis on the Colorado River basin, the Rio Grande River basin, and the Great Basin. I20(b) T5Inventory of ActionsK._In conducting the study, the Secretary shall assemble an inventory of actions taken or planned to be taken to address drought-related situations in the southwestern United States. I20(c) T5PurposeK._The purpose of the study shall be to develop recommendations to more effectively address current and future drought conditions in the southwestern United States. I20(d) T5Authorization of AppropriationsK._There are authorized to be appropriated to the Secretary to carry out this section $7,000,000. Such funds shall remain available until expended. I72SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN. I20Section 459(e) of the Water Resources Development Act of 1999 (113 Stat. 333; 114 Stat. 2635) is amended by striking ``3 years after the first date on which funds are appropriated to carry out this section'' and inserting ``December 30, 2006''. I72SEC. 4005. KNIK ARM, COOK INLET, ALASKA. I20 The Secretary shall conduct, at Federal expense, a study to determine the potential impacts on navigation of construction of a bridge across Knik Arm, Cook Inlet, Alaska. I72SEC. 4006. KUSKOKWIM RIVER, ALASKA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, Kuskokwim River, Alaska, in the vicinity of the village of Crooked Creek. I72SEC. 4007. ST. GEORGE HARBOR, ALASKA. I20The Secretary shall conduct, at Federal expense, a study to determine the feasibility of providing navigation improvements at St. George Harbor, Alaska. I72SEC. 4008. SUSITNA RIVER, ALASKA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for hydropower, recreation, and related purposes on the Susitna River, Alaska. I72SEC. 4009. GILA BEND, MARICOPA, ARIZONA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Gila Bend, Maricopa, Arizona. In conducting the study, the Secretary shall review plans and designs developed by non-Federal interests and shall incorporate such plans and designs into the Federal study if the Secretary determines that such plans and designs are consistent with Federal standards. I72SEC. 4010. SEARCY COUNTY, ARKANSAS. I20The Secretary shall conduct a study to determine the feasibility of using Greers Ferry Lake as a water supply source for Searcy County, Arkansas. I72SEC. 4011. DRY CREEK VALLEY, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project to provide recycled water for agricultural water supply, Dry Creek Valley, California, including a review of the feasibility of expanding the Geysers recharge project north of Healdsburg, California. I72SEC. 4012. ELKHORN SLOUGH ESTUARY, CALIFORNIA. I20The Secretary shall conduct a study of the Elkhorn Slough estuary, California, to determine the feasibility of conserving, enhancing, and restoring estuarine habitats by developing strategies to address hydrological management issues. I72SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Fresno, Kings, and Kern Counties, California. I72SEC. 4014. LOS ANGELES RIVER, CALIFORNIA. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and ecosystem restoration, Los Angeles River, California. I20(b) T5Revitalization PlanK._In conducting the study, the Secretary shall review the Los Angeles River revitalization plan developed by non-Federal interests and shall incorporate such plan into the Federal study if the Secretary determines that such plan is consistent with Federal standards. I72SEC. 4015. LYTLE CREEK, RIALTO, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and groundwater recharge, Lytle Creek, Rialto, California. I72SEC. 4016. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, CALIFORNIA. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply along the Mokelumne River, San Joaquin County, California. I20(b) T5Limitation on Statutory ConstructionK._Nothing in this section shall be construed to invalidate, preempt, or create any exception to State water law, State water rights, or Federal or State permitted activities or agreements. I72SEC. 4017. NAPA RIVER, ST. HELENA, CALIFORNIA. I20(a) T5In GeneralK._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. I20(b) T5Plans and DesignsK._In conducting the study, the Secretary shall review plans and designs developed by non-Federal interests and shall incorporate such plans and designs into the Federal study if the Secretary determines that such plans and designs are consistent with Federal standards. I72SEC. 4018. ORICK, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and ecosystem restoration, Orick, California. In conducting the study, the Secretary shall determine the feasibility of restoring or rehabilitating the Redwood Creek Levees, Humboldt County, California. I72SEC. 4019. RIALTO, FONTANA, AND COLTON, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Rialto, Fontana, and Colton, California. I72SEC. 4020. SACRAMENTO RIVER, CALIFORNIA. I20The Secretary shall conduct a comprehensive study to determine the feasibility of, and alternatives for, measures to protect water diversion facilities and fish protective screen facilities in the vicinity of river mile 178 on the Sacramento River, California. I72SEC. 4021. SAN DIEGO COUNTY, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, San Diego County, California, including a review of the feasibility of connecting 4 existing reservoirs to increase usable storage capacity. I72SEC. 4022. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of the beneficial use of dredged material from the San Francisco Bay in the Sacramento-San Joaquin Delta, California, including the benefits and impacts of salinity in the Delta and the benefits to navigation, flood damage reduction, ecosystem restoration, water quality, salinity control, water supply reliability, and recreation. I20(b) T5CooperationK._In conducting the study, the Secretary shall cooperate with the California Department of Water Resources and appropriate Federal and State entities in developing options for the beneficial use of dredged material from San Francisco Bay for the Sacramento-San Joaquin Delta area. I20(c) T5ReviewK._The study shall include a review of the feasibility of using Sherman Island as a rehandling site for levee maintenance material, as well as for ecosystem restoration. The review may include monitoring a pilot project using up to 150,000 cubic yards of dredged material and being carried out at the Sherman Island site, examining larger scale use of dredged materials from the San Francisco Bay and Suisun Bay Channel, and analyzing the feasibility of the potential use of saline materials from the San Francisco Bay for both rehandling and ecosystem restoration purposes. I72SEC. 4023. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA. I20(a) T5In GeneralK._In conducting the South San Francisco Bay shoreline study, the Secretary shall_ I22(1) review the planning, design, and land acquisition documents prepared by the California State Coastal Conservancy, the Santa Clara Valley Water District, and other local interests in developing recommendations for measures to provide flood protection of the South San Francisco Bay shoreline, restoration of the South San Francisco Bay salt ponds (including lands owned by the Department of the Interior), and other related purposes; and I22(2) incorporate such planning, design, and land acquisition documents into the Federal study if the Secretary determines that such documents are consistent with Federal standards. I20(b) T5ReportK._Not later than December 31, 2008, the Secretary shall transmit a feasibility report for the South San Francisco Bay shoreline study to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. I20(c) T5CreditK._ I22(1) T4In generalK._The Secretary shall credit toward the non-Federal share of the cost of any project authorized by law as a result of the South San Francisco Bay shoreline study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(2) T4LimitationK._In no case may work that was carried out more than 5 years before the date of enactment of this Act be eligible for credit under this subsection. I72SEC. 4024. TWENTYNINE PALMS, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Pinto Cove Wash, in the vicinity of Twentynine Palms, California. I72SEC. 4025. YUCCA VALLEY, CALIFORNIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, West Burnt Mountain basin, in the vicinity of Yucca Valley, California. I72SEC. 4026. BOULDER CREEK, BOULDER, COLORADO. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction in the Boulder Creek floodplain, Colorado. I72SEC. 4027. ROARING FORK RIVER, BASALT, COLORADO. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and other purposes for the Roaring Fork River, Basalt, Colorado. I72SEC. 4028. DELAWARE AND CHRISTINA RIVERS AND SHELLPOT CREEK, WILMINGTON, DELAWARE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and related purposes along the Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware. I72SEC. 4029. COLLIER COUNTY BEACHES, FLORIDA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for hurricane and storm damage reduction and flood damage reduction in the vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida. I72SEC. 4030. VANDERBILT BEACH LAGOON, FLORIDA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, water supply, and improvement of water quality at Vanderbilt Beach Lagoon, Florida. I72SEC. 4031. MERIWETHER COUNTY, GEORGIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Meriwether County, Georgia. I72SEC. 4032. TYBEE ISLAND, GEORGIA. I20The Secretary shall conduct a study to determine the feasibility of including the northern end of Tybee Island extending from the north terminal groin to the mouth of Lazaretto Creek as a part of the project for beach erosion control, Tybee Island, Georgia, carried out under section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962dÿ095). I72SEC. 4033. KAUKONAHUA-HELEMANO WATERSHED, OAHU, HAWAII. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Kaukonahua-Helemano watershed, Oahu, Hawaii. I72SEC. 4034. WEST MAUI, MAUI, HAWAII. I20The Secretary shall conduct a study to determine the feasibility of carrying out projects for water resources development, environmental restoration, and natural resources protection, West Maui, Maui, Hawaii. I72SEC. 4035. BOISE RIVER, IDAHO. I20The study for flood control, Boise River, Idaho, authorized by section 414 of the Water Resources Development Act of 1999 (113 Stat. 324), is modified_ I22(1) to add ecosystem restoration and water supply as project purposes to be studied; and I22(2) to require the Secretary to credit toward the non-Federal share of the cost of the study the cost, not to exceed $500,000, of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 4036. BALLARD'S ISLAND SIDE CHANNEL, ILLINOIS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for ecosystem restoration, Ballard's Island, Illinois. I72SEC. 4037. CHICAGO, ILLINOIS. I20Section 425(a) of the Water Resources Development Act of 2000 (114 Stat. 2638) is amended by inserting ``Lake Michigan and'' before ``the Chicago River''. I72SEC. 4038. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, ILLINOIS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for ecosystem restoration at the South Fork of the South Branch of the Chicago River, Chicago, Illinois. I72SEC. 4039. UTICA, ILLINOIS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction in the vicinity of Utica, Illinois. I72SEC. 4040. LAKE AND PORTER COUNTIES, INDIANA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for riverfront development, including enhanced public access, recreation, and environmental restoration along Lake Michigan, Hammond, Whiting, East Chicago, Gary, and Portage, Indiana. I72SEC. 4041. SALEM, INDIANA. I20The Secreatry shall conduct a study to determine the feasibility of carrying out a project to provide an additional water supply source for Salem, Indiana. I72SEC. 4042. BUCKHORN LAKE, KENTUCKY. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of modifying the project for flood damage reduction, Buckhorn Lake, Kentucky, authorized by section 2 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), to add ecosystem restoration, recreation, and improved access as project purposes, including permanently raising the winter pool elevation of the project. I20(b) T5In-Kind ContributionsK._The non-Federal interest may provide the non-Federal share of the cost of the study in the form of services, materials, supplies, or other in-kind contributions. I72SEC. 4043. DEWEY LAKE, KENTUCKY. I20The Secretary shall conduct a study to determine the feasibility of modifying the project for Dewey Lake, Kentucky, to add water supply as a project purpose. I72SEC. 4044. LOUISVILLE, KENTUCKY. I20The Secretary shall conduct a study of the project for flood control, Louisville, Kentucky, authorized by section 4 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), to investigate measures to address the rehabilitation of the project. I72SEC. 4045. BASTROP-MOREHOUSE PARISH, LOUISIANA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Bastrop-Morehouse Parish, Louisiana. I72SEC. 4046. OFFSHORE OIL AND GAS FABRICATION PORTS, LOUISIANA. I20(a) T5BenefitsK._In conducting a feasibility study for each of the following projects for navigation, the Secretary shall include in the calculation of national economic development benefits all economic benefits associated with contracts for new energy exploration and contracts for the fabrication of energy infrastructure that would result from carrying out the project: I22(1) Atchafalaya River, Bayous Chene, Boeuf, and Black, Louisiana, being conducted under section 430 of the Water Resources Development Act of 2000 (114 Stat. 2639). I22(2) Iberia Port, Louisiana, being conducted under section 431 of the Water Resources Development Act of 2000 (114 Stat. 2639). I20(b) T5RepealK._Section 6009 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109ÿ0913; 119 Stat. 282) is repealed. I72SEC. 4047. VERMILION RIVER, LOUISIANA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation on the Vermilion River, Louisiana, from the intersection of the Vermilion River and the Gulf Intracoastal Waterway to the industrial area north of the Vermilion River. I72SEC. 4048. WEST FELICIANA PARISH, LOUISIANA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for riverfront development, including enhanced public access, recreation, and environmental restoration, on the Mississippi River in West Feliciana Parish, Louisiana. I72SEC. 4049. PATAPSCO RIVER, MARYLAND. I20The Secretary shall conduct a study to determine and assess the impact of debris in the Patapsco River basin, Maryland, on wetlands, water quality, and public health and to identify management measures to reduce the inflow of debris into the Patapsco River. I72SEC. 4050. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND. I20The 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. I72SEC. 4051. HAMBURG AND GREEN OAK TOWNSHIPS, MICHIGAN. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction on Ore Lake and the Huron River for Hamburg and Green Oak Townships, Michigan. I72SEC. 4052. ST. CLAIR RIVER, MICHIGAN. I20(a) T5In GeneralK._The Secretary shall carry out a study of the relationships among dredging of the St. Clair River for navigation, erosion in the river, and declining water levels in the river and in Lake Michigan and Lake Huron. I20(b) T5RecommendationsK._The report on the results of the study may include recommendations to address water level declines in Lake Michigan and Lake Huron. I72SEC. 4053. DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN. I20(a) T5In GeneralK._The Secretary shall conduct a study and prepare a report to evaluate the integrity of the bulkhead system located on and in the vicinity of Duluth-Superior Harbor, Duluth, Minnesota, and Superior, Wisconsin. I20(b) T5ContentsK._The report shall include_ I22(1) a determination of causes of corrosion of the bulkhead system; I22(2) recommendations to reduce corrosion of the bulkhead system; I22(3) a description of the necessary repairs to the bulkhead system; and I22(4) an estimate of the cost of addressing the causes of the corrosion and carrying out necessary repairs. I72SEC. 4054. WILD RICE RIVER, MINNESOTA. I20The Secretary shall review the project for flood protection and other purposes on Wild Rice River, Minnesota, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825), to develop alternatives to the Twin Valley Lake feature. I72SEC. 4055. MISSISSIPPI COASTAL AREA, MISSISSIPPI. I20The Secretary shall conduct a study to determine the feasibility of making improvements or modifications to existing improvements in the coastal area of Mississippi in the interest of hurricane and storm damage reduction, prevention of saltwater intrusion, preservation of fish and wildlife, prevention of erosion, and other related water resource purposes. I72SEC. 4056. NORTHEAST MISSISSIPPI. I20The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Tennessee-Tombigbee Waterway, Alabama and Mississippi, to provide water supply for northeast Mississippi. I72SEC. 4057. ST. LOUIS, MISSOURI. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, St. Louis, Missouri, to restore or rehabilitate the levee system feature of the project for flood protection, St. Louis, Missouri, authorized by the first section of the Act entitled ``An Act authorizing construction of certain public works on the Mississippi River for the protection of Saint Louis, Missouri'', approved August 9, 1955 (69 Stat. 540). I72SEC. 4058. DREDGED MATERIAL DISPOSAL, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project in the vicinity of the Atlantic Intracoastal Waterway, New Jersey, for the construction of a dredged material disposal transfer facility to make dredged material available for beneficial reuse. I72SEC. 4059. BAYONNE, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, including improved water quality, enhanced public access, and recreation, on the Kill Van Kull, Bayonne, New Jersey. I72SEC. 4060. CARTERET, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, including improved water quality, enhanced public access, and recreation, on the Raritan River, Carteret, New Jersey. I72SEC. 4061. ELIZABETH RIVER, ELIZABETH, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out ecosystem restoration improvements in the Elizabeth River watershed, Elizabeth, New Jersey. I72SEC. 4062. GLOUCESTER COUNTY, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Gloucester, New Jersey, including the feasibility of restoring the flood protection dikes in Gibbstown, New Jersey, and the associated tidegates in Gloucester, New Jersey. I72SEC. 4063. PERTH AMBOY, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for riverfront development, including enhanced public access, recreation, and environmental restoration, on the Arthur Kill, Perth Amboy, New Jersey. I72SEC. 4064. WRECK POND, MONMOUTH COUNTY, NEW JERSEY. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration at Wreck Pond, New Jersey, including Black Creek and associated waters. I72SEC. 4065. BATAVIA, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for hydropower and related purposes in the vicinity of Batavia, New York. I72SEC. 4066. BIG SISTER CREEK, EVANS, NEW YORK. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Big Sister Creek, Evans, New York. I20(b) T5Evaluation of Potential SolutionsK._In conducting the study, the Secretary shall evaluate potential solutions to flooding from all sources, including flooding that results from ice jams. I72SEC. 4067. EAST CHESTER BAY, TURTLE COVE, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, East Chester Creek, Chester Bay, Turtle Cove, New York. I72SEC. 4068. FINGER LAKES, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for aquatic ecosystem restoration and protection, Finger Lakes, New York, to address water quality and invasive species. I72SEC. 4069. HUDSON-RARITAN ESTUARY, NEW YORK AND NEW JERSEY. I20In conducting the study for environmental restoration, Hudson-Raritan Estuary, New York and New Jersey, the Secretary shall establish and utilize watershed restoration teams composed of estuary restoration experts from the Corps of Engineers, the New Jersey Department of Environmental Protection, and the Port Authority of New York and New Jersey and other experts designated by the Secretary for the purpose of developing habitat restoration and water quality enhancement. I72SEC. 4070. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for storm damage reduction and shoreline protection in the vicinity of Gallagher Beach, Lake Erie Shoreline, Buffalo, New York. I72SEC. 4071. NEWTOWN CREEK, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out ecosystem restoration improvements on Newtown Creek, Brooklyn and Queens, New York. I72SEC. 4072. NIAGARA RIVER, NEW YORK. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for a low-head hydroelectric generating facility in the Niagara River, New York. I72SEC. 4073. UPPER DELAWARE RIVER WATERSHED, NEW YORK. I20Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(b)) and with the consent of the affected local government, a nonprofit organization may serve as the non-Federal interest for a study for the Upper Delaware River watershed, New York, being carried out under Committee Resolution 2495 of the Committee on Transportation and Infrastructure of the House of Representatives, adopted May 9, 1996. I72SEC. 4074. LINCOLN COUNTY, NORTH CAROLINA. I20The Secretary shall conduct a study of existing water and water quality-related infrastructure in Lincoln County, North Carolina, to assist local interests in determining the most efficient and effective way to connect county infrastructure. I72SEC. 4075. WILKES COUNTY, NORTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Wilkes County, North Carolina. I72SEC. 4076. YADKINVILLE, NORTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Yadkinville, North Carolina. I72SEC. 4077. CINCINNATI, OHIO. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of carrying out a project for ecosystem restoration and recreation on the Ohio River, Cincinnati, Ohio. I20(b) T5DesignK._While conducting the study, the Secretary may continue to carry out design work for the project as authorized by section 118 of division H of the Consolidated Appropriations Act, 2004 (118 Stat. 439). I20(c) T5Existing PlansK._In conducting the study, the Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and incorporate any components of the plan that the Secretary determines are consistent with Federal standards. I20(d) T5CreditK._ I22(1) T4In generalK._The Secretary shall credit toward the non-Federal share of the cost of any project authorized by law as a result of the study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(2) T4LimitationK._In no case may work that was carried out more than 5 years before the date of enactment of this Act be eligible for credit under this subsection. I72SEC. 4078. EUCLID, OHIO. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, ecosystem restoration, and recreation on Lake Erie, in the vicinity of the Euclid Lakefront, Euclid, Ohio. I72SEC. 4079. LAKE ERIE, OHIO. I20The Secretary shall conduct a study to determine the feasibility of carrying out projects for power generation at confined disposal facilities along Lake Erie, Ohio. I72SEC. 4080. OHIO RIVER, OHIO. I20The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood damage reduction on the Ohio River in Mahoning, Columbiana, Jefferson, Belmont, Noble, Monroe, Washington, Athens, Meigs, Gallia, Lawrence, and Scioto Counties, Ohio. I72SEC. 4081. SUTHERLIN, OREGON. I20(a) T5StudyK._The Secretary shall conduct a study of water resources along Sutherlin Creek in the vicinity of Sutherlin, Oregon, to determine the feasibility of carrying out a project to restore and enhance aquatic resources using a combination of structural and bioengineering techniques and, if the Secretary determines that the project is feasible, the Secretary may carry out the project. I20(b) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $2,500,000. I72SEC. 4082. TILLAMOOK BAY AND BAR, OREGON. I20The Secretary shall conduct a study of the project for navigation, Tillamook Bay and Bar, Oregon, authorized by the first section of the River and Harbor Appropriations Act of July 25, 1912 (37 Stat. 220), to investigate measures to address dangerous and hazardous wave and ocean conditions. I72SEC. 4083. ECOSYSTEM RESTORATION AND FISH PASSAGE IMPROVEMENTS, OREGON. I20(a) T5StudyK._The Secretary shall conduct a study to determine the feasibility of undertaking ecosystem restoration and fish passage improvements on rivers throughout the State of Oregon. I20(b) T5RequirementsK._In carrying out the study, the Secretary shall_ I22(1) work in coordination with the State of Oregon, local governments, and other Federal agencies; and I22(2) place emphasis on_ I24(A) fish passage and conservation and restoration strategies to benefit species that are listed or proposed for listing as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and I24(B) other watershed restoration objectives. I20(c) T5Pilot ProgramK._ I22(1) T4In generalK._In conjunction with conducting the study under subsection (a), the Secretary may carry out pilot projects to demonstrate the effectiveness of ecosystem restoration and fish passages. I22(2) T4Authorization of appropriationsK._There is authorized to be appropriated $5,000,000 to carry out this subsection. I72SEC. 4084. WALLA WALLA RIVER BASIN, OREGON. I20In conducting the study of determine the feasibility of carrying out a project for ecosystem restoration, Walla Walla River Basin, Oregon, the Secretary shall_ I22(1) credit toward the non-Federal share of the cost of the study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22(2) allow the non-Federal interest to provide the non-Federal share of the cost of the study in the form of in-kind services and materials. I72SEC. 4085. CHARTIERS CREEK WATERSHED, PENNSYLVANIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Chartiers Creek watershed, Pennsylvania. I72SEC. 4086. KINZUA DAM AND ALLEGHENY RESERVOIR, PENNSYLVANIA. I20The Secretary shall conduct a study of the project for flood control, Kinzua Dam and Allegheny Reservoir, Warren, Pennsylvania, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1570), and modified by section 2 of the Flood Control Act of June 28, 1938 (52 Stat. 1215), section 2 of the Flood Control Act of August 18, 1941 (55 Stat. 646), and section 4 of the Flood Control Act of December 22, 1944 (58 Stat. 887), to review operations of and identify modifications to the project to expand recreational opportunities. I72SEC. 4087. NORTH CENTRAL PENNSYLVANIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out project for aquatic ecosystem restoration and protection in Warren, McKean, Potter, Tioga, Lycoming, Centre, Cameron, Elk, Clearfield, Jefferson, Clarion, Venango, Forest, Clinton, Crawford, and Mifflin Counties, Pennsylvania, particularly as related to abandoned mine drainage abatement and reestablishment of stream and river channels. I72SEC. 4088. NORTHAMPTON AND LEHIGH COUNTIES STREAMS, PENNSYLVANIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for ecosystem restoration, floodplain management, flood damage reduction, water quality control, and watershed management, for the streams of Northampton and Lehigh Counties, Pennsylvania. I72SEC. 4089. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION. I20(a) T5In GeneralK._The Secretary shall conduct a study of structural and nonstructural flood damage reduction, stream bank protection, storm water management, channel clearing and modification, and watershed coordination measures in the Mahoning River basin, Pennsylvania, the Allegheny River basin, Pennsylvania, and the Upper Ohio River basin, Pennsylvania, to provide a level of flood protection sufficient to prevent future losses to communities located in such basins from flooding such as occurred in September 2004, but not less than a 100-year level of flood protection. I20(b) T5Priority CommunitiesK._In carrying out this section, the Secretary shall give priority to the following Pennsylvania communities: Marshall Township, Ross Township, Shaler Township, Jackson Township, Harmony, Zelienople, Darlington Township, Houston Borough, Chartiers Township, Washington, Canton Township, Tarentum Borough, and East Deer Township. I72SEC. 4090. WILLIAMSPORT, PENNSYLVANIA. I20The Secretary shall conduct a study of the project for flood control, Williamsport, Pennsylvania, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1570), to investigate measures to rehabilitate the project. I72SEC. 4091. YARDLEY BOROUGH, PENNSYLVANIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, at Yardley Borough, Pennsylvania, including the alternative of raising River Road. I72SEC. 4092. RIO VALENCIANO, JUNCOS, PUERTO RICO. I20(a) T5In GeneralK._The Secretary shall conduct a study to reevaluate the project for flood damage reduction and water supply, Rio Valenciano, Juncos, Puerto Rico, authorized by section 209 of the Flood Control Act of 1962 (76 Stat. 1197) and section 204 of the Flood Control Act of 1970 (84 Stat. 1828), to determine the feasibility of carrying out the project. I20(b) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of the study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 4093. CROOKED CREEK, BENNETTSVILLE, SOUTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Crooked Creek, Bennettsville, South Carolina. I72SEC. 4094. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Broad River, York County, South Carolina. I72SEC. 4095. GEORGETOWN AND WILLIAMSBURG COUNTIES, SOUTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Georgetown and Williamsburg Counties, South Carolina, including the viability and practicality of constructing a desalinization water treatment facility to meet such water supply needs. I72SEC. 4096. CHATTANOOGA, TENNESSEE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Chattanooga Creek, Dobbs Branch, Chattanooga, Tennessee. I72SEC. 4097. CLEVELAND, TENNESSEE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Cleveland, Tennessee. I72SEC. 4098. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for recreation on, riverbank protection for, and environmental protection of, the Cumberland River and riparian habitats in the city of Nashville and Davidson County, Tennessee. I72SEC. 4099. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Lewis, Lawrence, and Wayne Counties, Tennessee. I72SEC. 4100. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS TENNESSEE. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction along Wolf River and Nonconnah Creek, in the vicinity of Memphis, Tennessee, to include the repair, replacement, rehabilitation, and restoration of the following pumping stations: Cypress Creek, Nonconnah Creek, Ensley, Marble Bayou, and Bayou Gayoso. I72SEC. 4101. ABILENE, TEXAS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Abilene, Texas. I72SEC. 4102. COASTAL TEXAS ECOSYSTEM PROTECTION AND RESTORATION, TEXAS. I20(a) T5In GeneralK._The Secretary shall develop a comprehensive plan to determine the feasibility of carrying out projects for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in the coastal areas of the State of Texas. I20(b) T5ScopeK._The comprehensive plan shall provide for the protection, conservation, and restoration of wetlands, barrier islands, shorelines, and related lands and features that protect critical resources, habitat, and infrastructure from the impacts of coastal storms, hurricanes, erosion, and subsidence. I20(c) T5DefinitionK._For purposes of this section, the term ``coastal areas in the State of Texas'' means the coastal areas of the State of Texas from the Sabine River on the east to the Rio Grande River on the west and includes tidal waters, barrier islands, marches, coastal wetlands, rivers and streams, and adjacent areas. I72SEC. 4103. FORT BEND COUNTY, TEXAS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Fort Bend County, Texas. I72SEC. 4104. HARRIS COUNTY, TEXAS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Harris County, Texas. I72SEC. 4105. PORT OF GALVESTON, TEXAS. I20The Secretary shall conduct a study of the feasibility of carrying out a project for dredged material disposal in the vicinity of the project for navigation and environmental restoration, Houston-Galveston Navigation Channels, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1996 (110 Stat. 3666). I72SEC. 4106. ROMA CREEK, TEXAS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Roma Creek, Texas. I72SEC. 4107. WALNUT CREEK, TEXAS. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, environmental restoration, and erosion control, Walnut Creek, Texas. I72SEC. 4108. GRAND COUNTY AND MOAB, UTAH. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Grand County and the city of Moab, Utah, including a review of the impact of current and future demands on the Spanish Valley Aquifer. I72SEC. 4109. SOUTHWESTERN UTAH. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Santa Clara River, Washington, Iron, and Kane Counties, Utah. I72SEC. 4110. CHOWAN RIVER BASIN, VIRGINIA AND NORTH CAROLINA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, environmental restoration, navigation, and erosion control, Chowan River basin, Virginia and North Carolina. I72SEC. 4111. JAMES RIVER, RICHMOND, VIRGINIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction for the James River in the vicinity of Richmond, Virginia, including the Shockoe Bottom area. I72SEC. 4112. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. I20(a) T5In GeneralK._The study for rehabilitation of the Elliott Bay Seawall, Seattle, Washington, being carried out under Committee Resolution 2704 of the Committee on Transportation and Infrastructure of the House of Representatives adopted September 25, 2002, is modified to include a determination of the feasibility of reducing future damage to the seawall from seismic activity. I20(b) T5Acceptance of ContributionsK._In carrying out the study, the Secretary may accept contributions in excess of the non-Federal share of the cost of the study from the non-Federal interest to the extent that the Secretary determines that the contributions will facilitate completion of the study. I20(c) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of any project authorized by law as a result of the study the value of contributions accepted by the Secretary under subsection (b). I72SEC. 4113. MONONGAHELA RIVER BASIN, NORTHERN WEST VIRGINIA. I20The Secretary shall conduct a study to determine the feasibility of carrying out aquatic ecosystem restoration and protection projects in the watersheds of the Monongahela River Basin lying within the counties of Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, and Rithchie, West Virginia, particularly as related to abandoned mine drainage abatement. I72SEC. 4114. KENOSHA HARBOR, WISCONSIN. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, Kenosha Harbor, Wisconsin, including the extension of existing piers. I72SEC. 4115. WAUWATOSA, WISCONSIN. I20The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and environmental restoration, Menomonee River and Underwood Creek, Wauwatosa, Wisconsin, and greater Milwaukee watersheds, Wisconsin. I78TITLE V_MISCELLANEOUS PROVISIONS I72SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. I20(a) T5In GeneralK._Upon request of a non-Federal interest, the Secretary shall be responsible for maintenance of the following navigation channels and breakwaters constructed or improved by the non-Federal interest if the Secretary determines that such maintenance is economically justified and environmentally acceptable and that the channel or breakwater was constructed in accordance with applicable permits and appropriate engineering and design standards: I22(1) Manatee Harbor basin, Florida. I22(2) Bayou LaFourche Channel, Port Fourchon, Louisiana. I22(3) Calcasieu River at Devil's Elbow, Louisiana. I22(4) Pidgeon Industrial Harbor, Pidgeon Industrial Park, Memphis Harbor, Tennessee. I22(5) Pix Bayou Navigation Channel, Chambers County, Texas. I22(6) Racine Harbor, Wisconsin. I20(b) T5Completion of AssessmentK._Not later than 6 months after the date of receipt of a request from a non-Federal interest for Federal assumption of maintenance of a channel listed in subsection (a), the Secretary shall make a determination as provided in subsection (a) and advise the non-Federal interest of the Secretary's determination. I72SEC. 5002. WATERSHED MANAGEMENT. I20(a) T5In GeneralK._The Secretary may provide technical, planning, and design assistance to non-Federal interests for carrying out watershed management, restoration, and development projects at the locations described in subsection (d). I20(b) T5Specific MeasuresK._Assistance provided under subsection (a) may be in support of non-Federal projects for the following purposes: I22(1) Management and restoration of water quality. I22(2) Control and remediation of toxic sediments. I22(3) Restoration of degraded streams, rivers, wetlands, and other waterbodies to their natural condition as a means to control flooding, excessive erosion, and sedimentation. I22(4) Protection and restoration of watersheds, including urban watersheds. I22(5) Demonstration of technologies for nonstructural measures to reduce destructive impacts of flooding. I20(c) T5Non-Federal ShareK._The non-Federal share of the cost of assistance provided under subsection (a) shall be 50 percent. I20(d) T5Project LocationsK._The locations referred to in subsection (a) are the following: I22(1) Cucamonga basin, Upland, California. I22(2) Charlotte Harbor watershed, Florida. I22(3) Big Creek watershed, Roswell, Georgia. I22(4) Those portions of the watersheds of the Chattahoochee, Etowah, Flint, Ocmulgee, and Oconee Rivers lying within the counties of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, Paulding, Rockdale, and Walton, Georgia. I22(5) Kinkaid Lake, Jackson County, Illinois. I22(6) Amite River basin, Louisiana. I22(7) East Atchafalaya River basin, Iberville Parish and Pointe Coupee Parish, Louisiana. I22(8) Red River watershed, Louisiana. I22(9) Taunton River basin, Massachusetts. I22(10) Lower Platte River watershed, Nebraska. I22(11) Rio Grande watershed, New Mexico. I22(12) Marlboro Township, New Jersey. I22(13) Buffalo River watershed, New York. I22(14) Cattaragus Creek watershed, New York. I22(15) Eighteenmile Creek watershed, Niagara County, New York. I22(16) Esopus, Plattekill, and Rondout Creeks, Greene, Sullivan, and Ulster Counties, New York. I22(17) Genesee River watershed, New York. I22(18) Greenwood Lake watershed, New York and New Jersey. I22(19) Long Island Sound watershed, New York. I22(20) Oswego River basin, New York. I22(21) Ramapo River watershed, New York. I22(22) Tonawanda Creek watershed, New York. I22(23) Tuscarawas River basin, Ohio. I22(24) Western Lake Erie basin, Ohio. I22(25) Those portions of the watersheds of the Beaver, Upper Ohio, Connoquenessing, Lower Allegheny, Kiskiminetas, Lower Monongahela, Youghiogheny, Shenango, and Mahoning Rivers lying within the counties of Beaver, Butler, Lawrence, and Mercer, Pennsylvania. I22(26) Otter Creek watershed, Pennsylvania. I22(27) Unami Creek watershed, Milford Township, Pennsylvania. I22(28) Sauk River basin, Washington. I22(29) Greater Milwaukee watersheds, Wisconsin. I20(e) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $15,000,000. I72SEC. 5003. DAM SAFETY. I20(a) T5AssistanceK._The Secretary may provide assistance to enhance dam safety at the following locations: I22(1) Fish Creek Dam, Blaine County, Idaho. I22(A) Hamilton Dam, Saginaw River, Flint, Michigan. I22(B) Candor Dam, Candor, New York. I22(C) State Dam, Auburn, New York. I22(D) Whaley Lake Dam, Pawling, New York. I22(E) Ingham Spring Dam, Solebury Township, Pennsylvania. I22(F) Leaser Lake Dam, Lehigh County, Pennsylvania. I22(G) Stillwater Dam, Monroe County, Pennsylvania. I22(H) Wissahickon Creek Dam, Montgomery County, Pennsylvania. I20(b) T5Special RuleK._The assistance provided under subsection (a) for State Dam, Auburn, New York, shall be for a project for rehabilitation in accordance with the report on State Dam Rehabilitation, Owasco Lake Outlet, New York, dated March 1999, if the Secretary determines that the project is feasible. I20(c) T5Fern Ridge Dam, OregonK._It is the sense of Congress that the Secretary should immediately carry out a project to remedy the situation at Fern Ridge Dam, Oregon, due to the rapid deterioration of the dam. Cost sharing for the project shall be as provided by section 1203 of the Water Resources Development Act of 1986 (33 U.S.C. 467n). I20(d) T5Kehly Run Dams, PennsylvaniaK._Section 504(a)(2) of the Water Resources Development Act of 1999 (113 Stat. 338; 117 Stat. 1842) is amended by striking ``Dams'' and inserting ``Dams No. 1ÿ095''. I20(e) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out subsection (a) $6,000,000. I72SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. I20(a) T5In GeneralK._Upon request of a non-Federal interest, the Secretary shall evaluate the structural integrity and effectiveness of a project for flood damage reduction and, if the Secretary determines that the project does not meet such minimum standards as the Secretary may establish and, absent action by the Secretary, the project will fail, the Secretary may take such action as may be necessary to restore the integrity and effectiveness of the project. I20(b) T5PriorityK._The Secretary shall evaluate under subsection (a) the following projects: I22(1) Project for flood damage reduction, Arkansas River Levees, river mile 205 to river mile 308.4, Arkansas. I22(2) Project for flood damage reduction, Nonconnah Creek, Tennessee. I72SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. I20(a) T5In GeneralK._Section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is amended_ I22(1) by striking ``and'' at the end of paragraphs (23) and (27); I22(2) by striking the period at the end of paragraph (28) and inserting a semicolon; and I22(3) by adding at the end the following: I22``(29) Ascension Parish, Louisiana; I22``(30) East Baton Rouge Parish, Louisiana; I22``(31) Iberville Parish, Louisiana; I22``(32) Livingston Parish, Louisiana; and I22``(33) Pointe Coupee Parish, Louisiana.''T1. I20(b) T5Authorization of AppropriationsK._Section 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended by striking ``section_'' and all that follows before the period at the end and inserting ``section $20,000,000''. I72SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS. I20(a) T5In GeneralK._Section 219(e) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended_ I22(1) by striking ``and'' at the end of paragraph (7); I22(2) by striking the period at the end of paragraph (8) and inserting a semicolon; and I22(3) by adding at the end the following: I22``(9) $35,000,000 for the project described in subsection (c)(18); I22``(10) $20,000,000 for the project described in subsection (c)(20); I22``(11) $35,000,000 for the project described in subsection (c)(23); I22``(12) $20,000,000 for the project described in subsection (c)(25); I22``(13) $20,000,000 for the project described in subsection (c)(26); I22``(14) $35,000,000 for the project described in subsection (c)(27); I22``(15) $20,000,000 for the project described in subsection (c)(28); and I22``(16) $30,000,000 for the project described in subsection (c)(40).''T1. I20(b) T5East Arkansas Enterprise Community, ArkansasK._Federal assistance made available under the rural enterprise zone program of the Department of Agriculture may be used toward payment of the non-Federal share of the costs of the project described in section 219(c)(20) of the Water Resources Development Act of 1992 (114 Stat. 2763Aÿ09219) if such assistance is authorized to be used for such purposes. I72SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN PROJECTS. I20The Secretary shall expedite completion of the reports and, if the Secretary determines the project is feasible, shall expedite completion of construction for the following projects: I22(1) Fulmer Creek, Village of Mohawk, New York, being carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). I22(2) Moyer Creek, Village of Frankfort, New York, being carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). I22(3) Steele Creek, Village of Ilion, New York, being carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). I22(4) Oriskany Wildlife Management Area, Rome, New York, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). I22(5) Whitney Point Lake, Otselic River, Whitney Point, New York, being carried out under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a). I22(6) Newton Creek, Bainbridge, New York, being carried out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r). I22(7) Chenango Lake, Chenango County, New York, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). I72SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS. I20(a) T5In GeneralK._The Secretary shall expedite completion of the reports for the following projects and, if the Secretary determines that a project is justified in the completed report, proceed directly to project preconstruction, engineering, and design: I22(1) Project for water supply, Little Red River, Arkansas. I22(2) Project for shoreline stabilization at Egmont Key, Florida. I22(3) Project for ecosystem restoration, University Lake, Baton Rouge, Louisiana. I22(4) Project for hurricane and storm damage reduction, Montauk Point, New York. I20(b) T5Special Rule for Egmont Key, FloridaK._In carrying out the project for shoreline stabilization at Egmont Key, Florida, referred to in subsection (a)(2), the Secretary shall waive any cost share to be provided by non-Federal interests for any portion of the project that benefits federally owned property. I20(c) T5 Special Rule for Montauk Point, New YorkK._The Secretary shall complete the report for the project referred to in subsection (a)(4) not later than September 30, 2005, notwithstanding the ownership of the property to be protected. I72SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESSMENT. I20(a) T5In GeneralK._The Secretary shall conduct, at Federal expense, an assessment of the water resources needs of the river basins and watersheds of the southeastern United States. I20(b) T5Cooperative AgreementsK._In carrying out the assessment, the Secretary may enter into cooperative agreements with State and local agencies, non-Federal and nonprofit entities, and regional researchers. I20(c) T5Authorization of AppropriationsK._There is authorized to be appropriated $7,000,000 to carry out this section. I72SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM. I20Section 1103(e)(7) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(7)) is amended_ I22(1) by adding at the end of subparagraph (A) the following: ``The non-Federal interest may provide the non-Federal share of the cost of the project in the form of in-kind services and materials.''; and I22(2) by inserting after subparagraph (B) the following: I20``(C) Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095(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.''T1. I72SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT. I20Section 514(g) of the Water Resources Development Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended by striking ``and 2004'' and inserting ``through 2015''. I72SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION. I20Section 506(f)(3)(B) of the Water Resources Development Act of 2000 (42 U.S.C. 1962dÿ0922; 114 Stat. 2646) is amended by striking ``50 percent'' and inserting ``100 percent''. I72SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION. I20Section 401(c) of the Water Resources Development Act of 1990 (33 U.S.C. 1268 note; 114 Stat. 2613) is amended by striking ``2006'' and inserting ``2011''. I72SEC. 5014. GREAT LAKES TRIBUTARY MODEL. I20Section 516(g)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking ``2006'' and inserting ``2011''. I72SEC. 5015. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS. I20(a) T5Ex Officio MemberK._Notwithstanding section 3001(a) of the 1997 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia (111 Stat. 176) and section 2.2 of both the Susquehanna River Basin Compact (Public Law 91ÿ09575) and the Delaware River Basin Compact (Public Law 87ÿ09328), beginning in fiscal year 2005 and thereafter, the Division Engineer, North Atlantic Division, Corps of Engineers, shall be the ex officio United States member under the Susquehanna River Basin Compact and the Delaware River Basin Compact, who shall serve without additional compensation and who may designate an alternate member or members in accordance with the terms of those respective compacts. I20(b) T5Authorization to AllocateK._The Secretary may allocate funds to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin (Potomac River Basin Compact (Public Law 91ÿ09407)) to fulfill the equitable funding requirements of their respective interstate compacts. I20(c) T5Water Supply and Conservation StorageK._The Secretary shall enter into an agreement with the Delaware River Basin Commission to provide temporary water supply and conservation storage at the Francis E. Walter Dam, Pennsylvania, during any period in which the Commission has determined that a drought warning or drought emergency exists. The agreement shall provide that the cost for any such water supply and conservation storage shall not exceed the incremental operating costs associated with providing the storage. I72SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM. I20(a) T5Form of AssistanceK._Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759) is amended by striking ``, and beneficial uses of dredged material'' and inserting ``, beneficial uses of dredged material, and restoration of submerged aquatic vegetation''. I20(b) T5Authorization of AppropriationsK._Section 510(i) of such Act (110 Stat. 3761) is amended by striking ``$10,000,000'' and inserting ``$50,000,000''. I72SEC. 5017. CHESAPEAKE BAY OYSTER RESTORATION. I20The second sentence of section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking ``$20,000,000'' and inserting ``$30,000,000''. I72SEC. 5018. HYPOXIA ASSESSMENT. I20The Secretary may participate with Federal, State, and local agencies, non-Federal and nonprofit entities, regional researchers, and other interested parties to assess hypoxia in the Gulf of Mexico. I72SEC. 5019. POTOMAC RIVER WATERSHED ASSESSMENT AND TRIBUTARY STRATEGY EVALUATION AND MONITORING PROGRAM. I20The Secretary may participate in the Potomac River Watershed Assessment and Tributary Strategy Evaluation and Monitoring Program to identify a series of resource management indicators to accurately monitor the effectiveness of the implementation of the agreed upon tributary strategies and other public policies that pertain to natural resource protection of the Potomac River watershed. I72SEC. 5020. LOCK AND DAM SECURITY. I20(a) T5StandardsK._The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers. I20(b) T5Site SurveysK._At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursible basis, to improve lock or dam security. I20(c) T5Cooperative AgreementK._The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section. I20(d) T5Authorization of AppropriationsK._There is authorized to be appropriated $3,000,000 to carry out this section. I72SEC. 5021. PINHOOK CREEK, HUNTSVILLE, ALABAMA. I20The Secretary shall design and construct the locally preferred plan for flood protection at Pinhook Creek, Huntsville, Alabama, under the authority of section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). The Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project. I72SEC. 5022. TALLAPOOSA, ALABAMA. I20The Secretary may provide technical assistance relating to water supply to the Middle Tallapoosa Water Supply District, Alabama. There is authorized to be appropriated $5,000,000 to carry out this section. I72SEC. 5023. ALASKA. I20Section 570 of the Water Resources Development Act of 1999 (113 Stat. 369) is amended_ I22(1) in subsection (c) by inserting ``environmental restoration,'' after ``water supply and related facilities,''; I22(2) in subsection (e)(3)(B) by striking the last sentence; I22(3) in subsection (h) by striking ``$25,000,000'' and inserting ``$45,000,000''; and I22(4) by adding at the end the following: I20``(i) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(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. I20``(j) T5Corps of Engineers ExpensesK._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.''T1. I72SEC. 5024. BARROW, ALASKA. I20The Secretary shall carry out, under section 117 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2944), a nonstructural project for coastal erosion and storm damage prevention and reduction at Barrow, Alaska, including relocation of infrastructure. I72SEC. 5025. COFFMAN COVE, ALASKA. I20The Secretary is authorized to carry out a project for navigation, Coffman Cove, Alaska, at a total cost of $3,000,000. I72SEC. 5026. FORT YUKON, ALASKA. I20The Secretary shall make repairs to the dike at Fort Yukon, Alaska, so that the dike meets Corps of Engineers standards. I72SEC. 5027. KOTZEBUE HARBOR, ALASKA. I20The Secretary is authorized to carry out a project for navigation, Kotzebue Harbor, Kotzebue, Alaska, at at total cost of $2,200,000. I72SEC. 5028. LOWELL CREEK TUNNEL, SEWARD, ALASKA. I20(a) T5Long-Term Maintenance and RepairK._The Secretary shall assume responsibility for the long-term maintenance and repair of the Lowell Creek Tunnel. I20(b) T5StudyK._The Secretary shall conduct a study to determine whether alternative methods of flood diversion in Lowell Canyon are feasible. I72SEC. 5029. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA. I20The Secretary shall carry out, on an emergency basis, necessary removal of rubble, sediment, and rock impeding the entrance to the St. Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000. I72SEC. 5030. TANANA RIVER, ALASKA. I20The Secretary shall carry out, on an emergency basis, the removal of the hazard to navigation on the Tanana River, Alaska, near the mouth of the Chena River, as described in the January 3, 2005, memorandum from the Commander, Seventeenth Coast Guard District, to the Corps of Engineers, Alaska District, Anchorage, Alaska. I72SEC. 5031. VALDEZ, ALASKA. I20 The Secretary is authorized to construct a small boat harbor in Valdez, Alaska, at a total cost of $20,000,000, with an estimated Federal cost of $10,500,000 and an estimated non-Federal cost of $9,500,000. I72SEC. 5032. WHITTIER, ALASKA. I20(a) T5StudyK._The Secretary shall conduct, at Federal expense, a study to determine the feasibility of carrying out projects for navigation at Whittier, Alaska, to construct a new boat harbor at the head of Whittier Bay and to expand the existing harbor and, if the Secretary determines that a project is feasible, the Secretary may carry out the project. I20(b) T5Non-Federal Cost ShareK._The non-Federal interest may use, and the Secretary shall accept, funds provided under any other Federal program to satisfy, in whole or in part, the non-Federal share of the construction of any project carried out under this section if such funds are authorized to be used to carry out such project. I20(c) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $35,200,000. I72SEC. 5033. WRANGELL HARBOR, ALASKA. I20(a) T5General Navigation FeaturesK._In carrying out the project for navigation, Wrangell Harbor, Alaska, authorized by section 101(b)(1) of the Water Resources Development Act of 1999 (113 Stat. 279), the Secretary shall consider the dredging of the mooring basin and construction of the inner harbor facilities to be general navigation features for purposes of estimating the non-Federal share of project costs. I20(b) T5Revision of Partnership AgreementK._The Secretary shall revise the partnership agreement for the project to reflect the change required by subsection (a). I72SEC. 5034. AUGUSTA AND CLARENDON, ARKANSAS. I20(a) T5In GeneralK._The Secretary is authorized to perform operation, maintenance, and rehabilitation of authorized and completed levees on the White River between Augusta and Clarendon, Arkansas. I20(b) T5ReimbursementK._After performing the operation, maintenance, and rehabilitation under subsection (a), the Secretary shall seek reimbursement from the Secretary of the Interior of an amount equal to the costs allocated to benefits to a Federal wildlife refuge of such operation, maintenance, and rehabilitation. I72SEC. 5035. DES ARC LEVEE PROTECTION, ARKANSAS. I20The Secretary shall review the project for flood control, Des Arc, Arkansas, to determine whether bank and channel scour along the White River threaten the existing project and whether the scour is as a result of a design deficiency. If the Secretary determines that such conditions exist as a result of a deficiency, the Secretary shall carry out measures to eliminate the deficiency. I72SEC. 5036. HELENA AND VICINITY, ARKANSAS. I20The 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). I72SEC. 5037. LOOMIS LANDING, ARKANSAS. I20The Secretary shall conduct a study of shore damage in the vicinity of Loomis Landing, Arkansas, to determine if the damage is the result of a Federal navigation project, and, if the Secretary determines that the damage is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the damage under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). I72SEC. 5038. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI. I20The Secretary shall conduct a study of increased siltation and streambank erosion in the St. Francis River Basin, Arkansas and Missouri, to determine if the siltation or erosion, or both, are the result of a Federal flood control project and, if the Secretary determines that the siltation or erosion, or both, are the result of a Federal flood control project, the Secretary shall carry out a project to mitigate the siltation or erosion, or both. I72SEC. 5039. WHITE RIVER BASIN, ARKANSAS. I20(a) T5Minimum FlowsK._ I22(1) T4In generalK._In carrying out section 304 of the Water Resources Development Act of 2000 (114 Stat. 2601), the Secretary shall implement alternatives BSÿ093 and NFÿ097, as described in the White River Minimum Flows Reallocation Study Report, Arkansas and Missouri, dated July 2004. I22(2) T4Cost sharingK._Reallocation of storage and installation of facilities under this subsection shall be considered fish and wildlife enhancement that provides national benefits and shall be a Federal expense in accordance with section 906(e)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(e)(1)). I22(3) T4OffsetK._In carrying out this subsection, losses to hydropower shall be offset by a reduction, not to exceed $17,000,000, in the costs allocated to hydropower, as determined by the present value of the estimated replacement cost of the electrical energy and capacity at the time of the implementation. I20(b) T5Fish HatcheryK._In operating the fish hatchery at Beaver Lake, Arkansas, authorized by section 105 of the Water Resources Development Act of 1976 (90 Stat. 2921), losses to hydropower shall be offset by a reduction, not to exceed $2,200,000, in the costs allocated to hydropower, as determined by the present value of the estimated replacement cost of the electrical energy and capacity at the time of the implementation. I20(c) T5RepealK._Section 374 of the Water Resources Development Act of 1999 (113 Stat. 321) is repealed. I72SEC. 5040. CAMBRIA, CALIFORNIA. I20Section 219(f)(48) of the Water Resources Development Act of 1992 (114 Stat. 2763Aÿ09220) is amended_ I22(1) by striking ``$10,300,000'' and inserting the following: I24``(A) T4In generalK._$10,300,000''T1; I22(2) by adding at the end the following: I24``(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project not to exceed $3,000,000 for the cost of planning and design work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.''T1; and I22(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). I72SEC. 5041. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA; MALLARD SLOUGH, PITTSBURG, CALIFORNIA. I20Sections 512 and 514 of the Water Resources Development Act of 2000 (114 Stat. 2650) are each amended by adding at the end the following: ``All planning, study, design, and construction on the project shall be carried out by the office of the district engineer, San Francisco, California.''. I72SEC. 5042. DANA POINT HARBOR, CALIFORNIA. I20The Secretary shall conduct a study of the causes of water quality degradation within Dana Point Harbor, California, to determine if the degradation is the result of a Federal navigation project, and, if the Secretary determines that the degradation is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the degradation at Federal expense. I72SEC. 5043. EAST SAN JOAQUIN COUNTY, CALIFORNIA. I20Section 219(f)(22) of the Water Resources Development Act of 1992 (113 Stat. 336) is amended_ I22(1) by striking ``$25,000,000'' and inserting the following: I24``(A) T4In generalK._$25,000,000''T1; I22(2) by adding at the end the following: I24``(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project (i) the cost of design and construction work carried out by the non-Federal interest before, on, or after the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and (ii) the cost of provided for the project by the non-Federal interest. I24``(C) T4In-kind contributionsK._The non-Federal interest may provide any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials.''T1; and I22(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). I72SEC. 5044. EASTERN SANTA CLARA BASIN, CALIFORNIA. I20Section 111(c) of the Miscellaneous Appropriations Act, 2001 (as enacted into law by Public Law 106ÿ09554; 114 Stat. 2763A-224) is amended_ I22(1) by striking ``$25,000,000'' and inserting ``$28,000,000''; and I22(2) by striking ``$7,000,000'' and inserting ``$10,000,000''. I72SEC. 5045. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. I20(a) T5In GeneralK._The Secretary shall review the Kings River Fisheries Management Program Framework Agreement, dated May 29, 1999, among the California Department of Fish and Game, the Kings River Water Association, and the Kings River Conservation District and, if the Secretary determines that the management program is feasible, the Secretary may participate in the management program. I20(b) T5ProhibitionK._Nothing in this section authorizes any project for the raising of, or the construction of, a multilevel intake structure at Pine Flat Dam, California. I20(c) T5Use of Existing StudiesK._In carrying out this section, the Secretary shall use, to the maximum extent practicable, studies in existence on the date of enactment of this Act, including data and environmental documentation in the Report of the Chief of Engineers, Pine Flat Dam and Reservoir, Fresno County, California, dated July 19, 2002. I20(d) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I20(e) T5Authorization of AppropriationsK._There is authorized to be appropriated to $20,000,000 to carry out this section. I72SEC. 5046. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA. I20(a) T5In GeneralK._The Secretary is authorized to transfer title to the Bascule Bridge, deauthorized by section 347(a)(2) of the Water Resources Development Act of 2000 (114. Stat. 2618), to the city of West Sacramento, California, subject to the execution of an agreement by the Secretary and the city which specifies the terms and conditions for such transfer. The terms and conditions of the transfer shall include a provision authorizing the Secretary to participate in the construction of a replacement bridge following the removal of the Bascule Bridge. I20(b) T5Authorization of AppropriationK._There is authorized to be appropriated $5,000,000 for the Secretary to participate in the construction of a replacement bridge under this section. I72SEC. 5047. SAN FRANCISCO, CALIFORNIA. I20(a) T5In GeneralK._The Secretary, in cooperation with the Port of San Francisco, California, may carry out the project for repair and removal, as appropriate, of Piers 35, 36, and 80 in San Francisco, California, substantially in accordance with the Port's redevelopment plan. I20(1) T5Authorization of AppropriationK._There is authorized to be appropriated $20,000,000 to carry out this subsection. I72SEC. 5048. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA. I20(a) T5Area to Be Declared Nonnavigable; Public InterestK._Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of the portion of the San Francisco, California, waterfront area described in subsection (b) are not in the public interest, such portion is declared to be nonnavigable waters of the United States. I20(b) T5Northern Embarcadero South of Bryant StreetK._The portion of the San Francisco, California, waterfront area referred to in subsection (a) is as follows: Beginning at the intersection of the northeasterly prolongation of that portion of the northwesterly line of Bryant Street lying between Beale Street and Main Street with the southwesterly line of Spear Street, which intersection lies on the line of jurisdiction of the San Francisco Port Commission; following thence southerly along said line of jurisdiction as described in the State of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the easterly line of Townsend Street along a line that is parallel and distant 10 feet distant from the existing southern boundary of Pier 40 produced to its point of intersection with the United States Government pier-head line; thence northerly along said pier-head line to its intersection with a line parallel with, and distant 10 feet easterly from, the existing easterly boundary line of Pier 30ÿ0932; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30ÿ0932, thence westerly along last said parallel line to its intersection with the United States Government pier-head line; to the northwesterly line of Bryant Street produced northwesterly; thence southwesterly along said northwesterly line of Bryant Street produced to the point of beginning. I20(c) T5Requirement That Area Be ImprovedK._The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (b) that are or will be bulkheaded, filled, or otherwise occupied by permanent structures and does not affect the applicability of any Federal statute or regulation applicable to such parts the day before the date of enactment of this Act, including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly known as the Rivers and Harbors Appropriation Act of 1899, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). I20(d) T5Expiration DateK._If, 20 years from the date of enactment of this Act, any area or part thereof described in subsection (b) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (c), or if work in connection with any activity permitted in subsection (c) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire. I72SEC. 5049. SANTA VENETIA, CALIFORNIA. I20(a) T5In GeneralK._The Secretary shall carry out a project for flood damage reduction under section 205 of the Flood Control Act of 1958 (33 U.S.C. 701s), Santa Venetia, California, if the Secretary determines that the project is feasible. I20(b) T5Project FinancingK._In carrying out the project under this section, the Secretary shall allow the non-Federal interests to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184), to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project. I72SEC. 5050. STOCKTON, CALIFORNIA. I20(a) T5ReevaluationK._The Secretary shall reevaluate the feasibility of the Lower Mosher Slough element and the levee extensions on the Upper Calaveras River element of the project for flood control, Stockton Metropolitan Area, California, carried out under section 211(f)(3) of the Water Resources Development Act of 1996 (110 Stat. 3683), to determine the eligibility of such elements for reimbursement under section 211 of such Act (33 U.S.C. 701bÿ0913). I20(b) T5Special Rules for ReevaluationK._In conducting the reevaluation under subsection (a), the Secretary shall not reject a feasibility determination based on one or more of the policies of the Corps of Engineers concerning the frequency of flooding, the drainage area, and the amount of runoff. I20(c) T5ReimbursementK._If the Secretary determines that the elements referred to subsection (a) are feasible, the Secretary shall reimburse, subject to appropriations, the non-Federal interest under section 211 of the Water Resources Development Act of 1996 for the Federal share of the cost of such elements. I72SEC. 5051. VICTOR V. VEYSEY DAM, CALIFORNIA. I20(a) T5DesignationK._The Prado Dam, authorized by the Flood Control Act of 1936 (49 Stat. 1570), shall be known and designated as the ``Victor V. Veysey Dam''. I20(b) T5ReferencesK._Any reference in a law, map, regulation, document, paper, or other record of the United States to the dam referred to in subsection (a) shall be deemed to be a reference to the ``Victor V. Veysey Dam''. I72SEC. 5052. WHITTIER, CALIFORNIA. I20The Secretary shall carry out a project for flood damage reduction under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) in the vicinity of Whittier, California, if the Secretary determines that the project is feasible. I72SEC. 5053. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR, CONNECTICUT. I20(a) T5DesignationK._The western breakwater for the project for navigation, New Haven Harbor, Connecticut, authorized by the first section of the Act of September 19, 1890 (26 Stat. 426), shall be known and designated as the ``Charles Hervey Townshend Breakwater''. I20(b) T5ReferencesK._Any reference in a law, map, regulation, document, paper, or other record of the United States to the breakwater referred to in subsection (a) shall be deemed to be a reference to the ``Charles Hervey Townshend Breakwater''. I72SEC. 5054. CHRISTINA RIVER SHIPWRECK, DELAWARE. I20The Secretary may carry out the removal of the debris associated with the steamship ``STATE OF PENNSYLVANIA'' and other derelict vessels from the Christina River, Delaware, under section 202 of the Water Resources Development Act of 1976 (90 Stat. 2945). I72SEC. 5055. ANACOSTIA RIVER, DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA. I20(a) T5Comprehensive Action PlanK._Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Mayor of the District of Columbia, the Governor of Maryland, the Governor of Virginia, the County Executives of Montgomery County and Prince George's County, Maryland, and other interested persons, shall develop a 10-year comprehensive action plan for the restoration and protection of the ecological integrity of the Anacostia River and its tributaries. I20(b) T5Public AvailabilityK._Upon completion of the plan, the Secretary shall make the plan available to the public. I72SEC. 5056. FLORIDA KEYS WATER QUALITY IMPROVEMENTS. I20Section 109(e)(2) of the Miscellaneous Appropriations Act, 2001 (enacted into law by Public Law 106ÿ09554) (114 Stat. 2763Aÿ09222) is amended by adding at the end the following: I24``(C) T4Credit for work prior to execution of the partnership agreementK._The Secretary shall credit toward the non-Federal share of the cost of the project (i) the cost of construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and (ii) the cost of land acquisition carried out by the non-Federal interest for projects to be carried out under this section.''T1. I72SEC. 5057. LAKE WORTH, FLORIDA. I20The Secretary may carry out necessary repairs for the Lake Worth bulkhead replacement project, West Palm Beach, Florida, at an estimated total cost of $9,000,000. I72SEC. 5058. LAKE LANIER, GEORGIA. I20The Secretary may assist local interests with planning, design, and construction of facilities at the Lake Lanier Olympic Center, Georgia, at a total cost of $5,300,000. I72SEC. 5059. RILEY CREEK RECREATION AREA, IDAHO. I20The Secretary is authorized to carry out the Riley Creek Recreation Area Operation Plan of the Albeni Falls Management Plan, dated October 2001, for the Riley Creek Recreation Area, Albeni Falls Dam, Bonner County, Idaho. I72SEC. 5060. RECONSTRUCTION OF ILLINOIS FLOOD PROTECTION PROJECTS. I20(a) T5In GeneralK._The Secretary may participate in the reconstruction of an eligible flood control project if the Secretary determines that such reconstruction is not required as a result of improper operation and maintenance of the project by the non-Federal interest. I20(b) T5Cost SharingK._The non-Federal share of the costs for the reconstruction of a flood control project authorized by this section shall be the same non-Federal share that was applicable to construction of the project. The non-Federal interest shall be responsible for operation and maintenance and repair of a project for which reconstruction is undertaken under this section. I20(c) T5Reconstruction DefinedK._In this section, the term ``reconstruction'', as used with respect to a project, means addressing major project deficiencies caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the project, the results of which render the project at risk of not performing in compliance with its authorized project purposes. In addressing such deficiencies, the Secretary may incorporate current design standards and efficiency improvements, including the replacement of obsolete mechanical and electrical components at pumping stations, if such incorporation does not significantly change the scope, function, and purpose of the project as authorized. I20(d) T5Eligible ProjectsK._The following flood control projects are eligible for reconstruction under this section: I22(1) Clear Creek Drainage and Levee District, Illinois. I22(2) Fort Chartres and Ivy Landing Drainage District, Illinois. I22(3) Wood River Drainage and Levee District, Illinois. I22(4) Cairo, Illinois Mainline Levee, Cairo, Illinois. I22(5) Goose Pond Pump Station, Cairo, Illinois. I22(6) Cottonwood Slough Pump Station, Alexander County, Illinois. I22(7) 10th and 28th Street Pump Stations, Cairo, Illinois. I22(8) Flood control levee projects in Brookport, Shawneetown, Old Shawneetown, Golconda, Rosiclare, Harrisburg, and Reevesville, Illinois. I20(e) T5JustificationK._The reconstruction of a project authorized by this section shall not be considered a separable element of the project. I20(f) T5Authorization of AppropriationsK._There is authorized to be appropriated_ I22(1) $15,000,000 to carry out the projects described in paragraphs (1) through (7) of subsection (d); and I22(2) $15,000,000 to carry out the projects described in subsection (d)(8). I20Such sums shall remain available until expended. I72SEC. 5061. KASKASKIA RIVER BASIN, ILLINOIS, RESTORATION. I20(a) T5Kaskaskia River Basin DefinedK._In this section, the term ``Kaskaskia River Basin'' means the Kaskaskia River, Illinois, its backwaters, its side channels, and all tributaries, including their watersheds, draining into the Kaskaskia River. I20(b) T5Comprehensive PlanK._ I22(1) T4DevelopmentK._The Secretary shall develop, as expeditiously as practicable, a comprehensive plan for the purpose of restoring, preserving, and protecting the Kaskaskia River Basin. I22(2) T4Technologies and innovative approachesK._The comprehensive plan shall provide for the development of new technologies and innovative approaches_ I24(A) to enhance the Kaskaskia River as a transportation corridor; I24(B) to improve water quality within the entire Kaskaskia River Basin; I24(C) to restore, enhance, and preserve habitat for plants and wildlife; I24(D) to increase economic opportunity for agriculture and business communities; and I24(E) to reduce the impacts of flooding to communities and landowners. I22(3) T4Specific componentsK._The comprehensive plan shall include such features as are necessary to provide for_ I24(A) the development and implementation of a program for sediment removal technology, sediment characterization, sediment transport, and beneficial uses of sediment; I24(B) the development and implementation of a program for the planning, conservation, evaluation, and construction of measures for fish and wildlife habitat conservation and rehabilitation, and stabilization and enhancement of land and water resources in the basin; I24(C) the development and implementation of a long-term resource monitoring program; I24(D) the development and implementation of a computerized inventory and analysis system; and I24(E) the development and implementation of a systemic plan to reduce flood impacts by means of ecosystem restoration projects. I22(4) T4ConsultationK._The comprehensive plan shall be developed by the Secretary in consultation with appropriate Federal agencies, the State of Illinois, and the Kaskaskia River Coordinating Council. I22(5) T4Report to congressK._Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the comprehensive plan. I22(6) T4Additional studies and analysesK._After transmission of a report under paragraph (5), the Secretary shall conduct studies and analyses of projects related to the comprehensive plan that are appropriate and consistent with this subsection. I20(c) T5General ProvisionsK._ I22(1) T4Water qualityK._In carrying out activities under this section, the Secretary's recommendations shall be consistent with applicable State water quality standards. I22(2) T4Public participationK._In developing the comprehensive plan under subsection (b), the Secretary shall implement procedures to facilitate public participation, including providing advance notice of meetings, providing adequate opportunity for public input and comment, maintaining appropriate records, and making a record of the proceedings of meetings available for public inspection. I20(d) T5CoordinationK._The Secretary shall integrate activities carried out under this section with ongoing Federal and State programs, projects, and activities, including the following: I22(1) Farm programs of the Department of Agriculture. I22(2) Conservation Reserve Enhancement Program (State of Illinois) and Conservation 2000 Ecosystem Program of the Illinois Department of Natural Resources. I22(3) Conservation 2000 Conservation Practices Program and the Livestock Management Facilities Act administered by the Illinois Department of Agriculture. I22(4) National Buffer Initiative of the Natural Resources Conservation Service. I22(5) Nonpoint source grant program administered by the Illinois Environmental Protection Agency. I20(e) T5Cost SharingK._ I22(1) T4In generalK._The non-Federal share of the cost of activities carried out under this section shall be 35 percent. I22(2) T4In-kind servicesK._The Secretary may credit the cost of in-kind services provided by the non-Federal interest for an activity carried out under this section toward not more than 80 percent of the non-Federal share of the cost of the activity. In-kind services shall include all State funds expended on programs that accomplish the goals of this section, as determined by the Secretary. The programs may include the Kaskaskia River Conservation Reserve Program, the Illinois Conservation 2000 Program, the Open Lands Trust Fund, and other appropriate programs carried out in the Kaskaskia River Basin. I72SEC. 5062. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, CHICAGO, ILLINOIS. I20(a) T5In GeneralK._The Secretary shall provide assistance for a project to develop maps identifying 100- and 500-year flood inundation areas along the Little Calumet River, Chicago, Illinois. I20(b) T5RequirementsK._Maps developed under the project shall include hydrologic and hydraulic information and shall accurately show the flood inundation of each property by flood risk in the floodplain. The maps shall be produced in a high resolution format and shall be made available to all flood prone areas along the Little Calumet River, Chicago, Illinois, in an electronic format. I20(c) T5Participation of FEMAK._The Secretary and the non-Federal interests for the project shall work with the Director of the Federal Emergency Management Agency to ensure the validity of the maps developed under the project for flood insurance purposes. I20(d) T5Forms of AssistanceK._In carrying out the project, the Secretary may enter into contracts or cooperative agreements with the non-Federal interests or provide reimbursements of project costs. I20(e) T5Federal ShareK._The Federal share of the cost of the project shall be 50 percent. I20(f) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $2,000,000. I72SEC. 5063. NATALIE CREEK, MIDLOTHIAN AND OAK FOREST, ILLINOIS. I20The Secretary shall carry out a project for flood damage reduction under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), Natalie Creek, Midlothian and Oak Forest, Illinois, if the Secretary determines that the project is feasible. I72SEC. 5064. ILLINOIS RIVER BASIN RESTORATION. I20(a) T5Extension of AuthorizationK._Section 519(c)(2) of the Water Resources Development Act of 2000 (114 Stat. 2654) is amended by striking ``2004'' and inserting ``2010''. I20(b) T5In-Kind ServicesK._Section 519(g)(3) of such Act (114 Stat. 2655) is amended by inserting before the period at the end of the first sentence ``if such services are provided not more than 5 years before the date of initiation of the project or activity''. I20(c) T5Nonprofit Entities and MonitoringK._Section 519 of such Act (114 Stat. 2654) is amended by adding at the end the following: I20``(h) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(b)), a non-Federal interest may include a nonprofit entity with the consent of the affected local government. I20``(i) T5MonitoringK._The Secretary shall develop an Illinois river basin monitoring program to support the plan referred to in subsection (b). Data collected under the monitoring program shall incorporate data provided by the State of Illinois and shall be publicly accessible through electronic means.''T1. I72SEC. 5065. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS. I20In 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 reevaluate the feasibility of reconstructing the Promontory Point section consistent with the original limestone step design. I72SEC. 5066. BURNS WATERWAY HARBOR, INDIANA. I20The Secretary shall conduct a study of shoaling in the vicinity of Burns Waterway Harbor, Indiana, to determine if the shoaling is the result of a Federal navigation project, and, if the Secretary determines that the shoaling is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the shoaling under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426). I72SEC. 5067. CALUMET REGION, INDIANA. I20Section 219(f)(12) of the Water Resources Development Act of 1992 (113 Stat. 335; 117 Stat. 1843) is amended_ I22(1) by striking ``$30,000,000'' and inserting the following: I24``(A) T4In generalK._$30,000,000''T1; I22(2) by adding at the end the following: I24``(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of planning and design work carried out by the non-Federal interest before, on, or after the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.''T1; and I22(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). I72SEC. 5068. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA. I20(a) T5In GeneralK._The Secretary shall provide assistance for a project to develop maps identifying 100- and 500-year flood inundation areas in the State of Iowa, along the Missouri River. I20(b) T5RequirementsK._Maps developed under the project shall include hydrologic and hydraulic information and shall accurately portray the flood hazard areas in the floodplain. The maps shall be produced in a high resolution format and shall be made available to the State of Iowa in an electronic format. I20(c) T5Participation of FEMAK._The Secretary and the non-Federal interests for the project shall work with the Director of the Federal Emergency Management Agency to ensure the validity of the maps developed under the project for flood insurance purposes. I20(d) T5Forms of AssistanceK._In carrying out the project, the Secretary may enter into contracts or cooperative agreements with the non-Federal interests or provide reimbursements of project costs. I20(e) T5Federal ShareK._The Federal share of the cost of the project shall be 50 percent. I20(f) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $3,000,000. I72SEC. 5069. RATHBUN LAKE, IOWA. I20(a) T5ConveyanceK._The Secretary shall convey the remaining water supply storage allocation in Rathbun Lake, Iowa, to the Rathbun Regional Water Association (in this section referred to as the ``Water Association''). I20(b) T5Cost SharingK._Notwithstanding the Water Supply Act of 1958 (43 U.S.C. 390b), the Water Association shall pay 100 percent of the cost of the water supply storage allocation to be conveyed under subsection (a). The Secretary shall credit toward such non-Federal share the cost of any structures and facilities constructed by the Water Association at the project. I20(c) T5Terms and ConditionsK._Before conveying the water supply storage allocation under subsection (a), the Secretary shall enter into an agreement with the Water Association, under which the Water Association shall agree to_ I22(1) in accordance with designs approved by the Chief of Engineers, construct structures and facilities referred to in subsection (b) that have a value equal to or greater than the amount that otherwise would be paid to the Federal Government for the costs of the water supply storage under the Water Supply Act of 1958 (43 U.S.C. 390b); I22(2) be responsible for operating and maintaining the structures and facilities; I22(3) pay all operation and maintenance costs allocated to the water supply storage space; I22(4) use any revenues generated at the structures and facilities that are above those required to operate and maintain or improve the complex to undertake, subject to the approval of the Chief of Engineers, activities that will improve the quality of the environment in the Rathbun Lake watershed area; and I22(5) such other terms and conditions as the Secretary considers necessary to protect the interests of the United States. I72SEC. 5070. CUMBERLAND RIVER BASIN, KENTUCKY. I20At reservoirs managed by the Secretary above Cumberland River mile 385.5 within the Cumberland River basin, Kentucky, the Secretary shall charge fees associated with storage and maintenance of water supply that do not exceed the fees in effect on October 1, 2002. I72SEC. 5071. LOUISVILLE, KENTUCKY. I20(a) T5In GeneralK._Section 557 of the Water Resources Development Act of 1999 (113 Stat. 353) is amended_ I22(1) in the section heading by inserting ``G2T1G2kentucky andKK'' before ``G2T1G2northern west virginiaKK''; and I22(2) by adding at the end the following: I22``(4) T4Louisville, kentuckyK._Report of the Corps of Engineers entitled `Louisville Waterfront Park, Phase II, Kentucky, Master Plan', dated July 22, 2002, at a total cost of $32,000,000, with an estimated Federal cost of $16,000,000 and an estimated non-Federal cost of $16,000,000.''T1. I20(b) T5Conforming AmendmentK._In the table of contents contained in section 1(b) of such Act strike the item relating to section 557 and insert the following: Q10 S6213 I42``Sec.557.Kentucky and Northern West Virginia.''T1. S6203 I72SEC. 5072. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY. I20The Secretary shall conduct a study of flood damage along Mayfield Creek and tributaries between Wickliffe and Mayfield, Kentucky, to determine if the damage is the result of a Federal flood damage reduction project, and, if the Secretary determines that the damage is the result of a Federal flood damage reduction project, the Secretary shall carry out a project to mitigate the damage at Federal expense. I72SEC. 5073. NORTH FORK, KENTUCKY RIVER, BREATHITT COUNTY, KENTUCKY. I20The Secretary shall rebuild the structure that is impeding high water flows on the North Fork of the Kentucky River in Breathitt County, Kentucky, in a manner that will reduce flood damages at an estimated total cost of $1,800,000. The non-Federal interest shall provide lands, easements, rights-of-way, relocations, and disposal areas required for the project. Operation and maintenance of the rebuilt structure shall be a non-Federal expense. I72SEC. 5074. PADUCAH, KENTUCKY. I20The Secretary shall complete a feasibility report for rehabilitation of the project for flood damage reduction, Paducah, Kentucky, and, if the Secretary determines that the project is feasible, the Secretary shall carry out the project at a total cost of $3,000,000. I72SEC. 5075. SOUTHERN AND EASTERN KENTUCKY. I20Section 531 of the Water Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) is amended by adding the following: I20``(i) T5Corps of Engineers ExpensesK._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.''T1. I72SEC. 5076. WINCHESTER, KENTUCKY. I20Section 219(c) of the Water Resources Development Act of 1992 (106 Stat. 4835; 114 Stat. 2763Aÿ09219) is amended by adding at the end the following: I22``(41) T4Winchester, kentuckyK._Wastewater infrastructure, Winchester, Kentucky.''T1. I72SEC. 5077. BATON ROUGE, LOUISIANA. I20Section 219(f)(21) of the Water Resources Development Act of 1992 (113 Stat. 336; 114 Stat. 2763Aÿ09220) is amended by striking ``$20,000,000'' and inserting ``$35,000,000''. I72SEC. 5078. CALCASIEU SHIP CHANNEL, LOUISIANA. I20The Secretary shall expedite completion of a dredged material management plan for the Calcasieu Ship Channel, Louisiana, and may take interim measures to increase the capacity of existing disposal areas, or to construct new confined or beneficial use disposal areas, for the channel. I72SEC. 5079. CROSS LAKE, SHREVEPORT, LOUISIANA. I20The Secretary may accept from the Department of the Air Force, and may use, not to exceed $4,500,000 to assist the city of Shreveport, Louisiana, with its plan to construct a water intake facility. I72SEC. 5080. WEST BATON ROUGE PARISH, LOUISIANA. I20Section 517(5) of the Water Resources Development Act of 1999 (113 Stat. 345) is amended to read as follows: I22``(5) Mississippi River, West Baton Rouge Parish, Louisiana, project for waterfront and riverine preservation, restoration, enhancement modifications, and interpretive center development.''T1. I72SEC. 5081. CHARLESTOWN, MARYLAND. I20(a) T5In GeneralK._The Secretary may carry out a project for nonstructural flood damage reduction and ecosystem restoration at Charlestown, Maryland. I20(b) T5Land AcquisitionK._The flood damage reduction component of the project may include the acquisition of private property from willing sellers. I20(c) T5JustificationK._Any nonstructural flood damage reduction project to be carried out under this section that will result in the conversion of property to use for ecosystem restoration and wildlife habitat shall be justified based on national ecosystem restoration benefits. I20(d) T5Use of Acquired PropertyK._Property acquired under this section shall be maintained in public ownership for ecosystem restoration and wildlife habitat. I20(e) T5Ability to PayK._In determining the appropriate non-Federal cost share for the project, the Secretary shall determine the ability of Cecil County, Maryland, to participate as a cost-sharing non-Federal interest in accordance with section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)). I20(f) T5Authorization of AppropriationsK._There is authorized to be appropriated $2,000,000 to carry out this section. I72SEC. 5082. DELMARVA CONSERVATION CORRIDOR, MARYLAND AND DELAWARE. I20(a) T5AssistanceK._The Secretary may provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program established under subtitle G of title II of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). I20(b) T5Coordination and IntegrationK._In carrying out water resources projects in Maryland and Delaware on the Delmarva Peninsula, the Secretary shall coordinate and integrate those projects, to the maximum extent practicable, with any activities carried out to implement a conservation corridor plan approved by the Secretary of Agriculture under section 2602 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). I72SEC. 5083. MASSACHUSETTS DREDGED MATERIAL DISPOSAL SITES. I20The Secretary may cooperate with Massachusetts in the management and long-term monitoring of aquatic dredged material disposal sites within the State, and is authorized to accept funds from the State to carry out such activities. I72SEC. 5084. ONTONAGON HARBOR, MICHIGAN. I20The Secretary shall conduct a study of shore damage in the vicinity of the project for navigation, Ontonagon Harbor, Ontonagon County, Michigan, authorized by section 101 of the Rivers and Harbors Act of 1962 (76 Stat. 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if the damage is the result of a Federal navigation project, and, if the Secretary determines that the damage is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the damage under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). I72SEC. 5085. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN. I20(a) T5Ecosystem RestorationK._The Secretary shall carry out feasible aquatic ecosystem restoration projects identified in the comprehensive management plan for St. Clair River and Lake St. Clair, Michigan, developed under section 426 of the Water Resources Development Act of 1999 (113 Stat. 326), at a total Federal cost of not to exceed $5,000,000. I20(b) T5PlanK._Section 426(d) of the Water Resources Development Act of 1999 (113 Stat. 326) is amended by striking ``$400,000'' and inserting ``$475,000''. I72SEC. 5086. CROOKSTON, MINNESOTA. I20The Secretary shall conduct a study for a project for emergency streambank protection along the Red Lake River in Crookston, Minnesota, and, if the Secretary determines that the project is feasible, the Secretary may carry out the project under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r); except that the maximum amount of Federal funds that may be expended for the project shall be $6,500,000. I72SEC. 5087. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. I20(a) T5Project DescriptionK._Section 219(f)(61) of the Water Resources Development Act of 1992 (114 Stat. 2763Aÿ09221) is amended_ I22(1) in the paragraph heading by striking ``T4townshipK'' and inserting ``T4township and crow wing and mille lacs countiesK''; I22(2) by striking ``$11,000,000'' and inserting ``$17,000,000''; I22(3) by inserting ``, Crow Wing County, Mille Lacs County,'' after ``Garrison''; and I22(4) by adding at the end the following: ``Such assistance shall be provided directly to the Garrison-Kathio-West Mille Lacs Lake Sanitary District, Minnesota.''. I20(b) T5ProceduresK._In carrying out the project authorized by such section 219(f)(61), the Secretary may use the cost sharing and contracting procedures available to the Secretary under section 569 of the Water Resources Development Act of 1999 (113 Stat. 368). I72SEC. 5088. MINNEAPOLIS, MINNESOTA. I20(a) T5ConveyanceK._The Secretary shall convey to the city of Minneapolis by quitclaim deed and without consideration all right, title, and interest of the United States to the property known as the War Department (Fort Snelling Interceptor) Tunnel in Minneapolis, Minnesota. I20(b) T5Applicability of Property Screening ProvisionsK._Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section. I72SEC. 5089. NORTHEASTERN MINNESOTA. I20(a) T5In GeneralK._Section 569 of the Water Resources Development Act of 1999 (113 Stat. 368) is amended_ I22(1) in subsection (a) by striking ``Benton, Sherburne,'' and inserting ``Beltrami, Hubbard, Wadena,''; I22(2) by striking the last sentence of subsection (e)(3)(B); I22(3) by striking subsection (g) and inserting the following: I20``(g) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(b)), for any project undertaken under this section, a non-Federal interest may include a nonprofit entity.''T1; and I22(4) by adding at the end the following: I20``(i) T5Corps of Engineers ExpensesK._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.''T1. I20(b) T5Biwabik, MinnesotaK._The Secretary shall reimburse the non-Federal interest for the project for environmental infrastructure, Biwabik, Minnesota, carried out under section 569 of the Water Resources Development Act of 1999 (113 Stat. 368), for planning, design, and construction costs that were incurred by the non-Federal interest with respect to the project before the date of the partnership agreement for the project and that were in excess of the non-Federal share of the cost of the project if the Secretary determines that the costs are appropriate. I72SEC. 5090. HARRISON, HANCOCK, AND JACKSON COUNTIES, MISSISSIPPI. I20In carrying out projects for the protection, restoration, and creation of aquatic and ecologically related habitats located in Harrison, Hancock, and Jackson Counties, Mississippi, under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), the Secretary shall accept any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials. I72SEC. 5091. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS. I20As a part of the operation and maintenance of the project for the Mississippi River (Regulating Works), between the Ohio and Missouri Rivers, Missouri and Illinois, authorized by the first section of an Act entitled ``Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved June 25, 1910, the Secretary may carry out activities necessary to restore and protect fish and wildlife habitat in the middle Mississippi River system. Such activities may include modification of navigation training structures, modification and creation of side channels, modification and creation of islands, and studies and analysis necessary to apply adaptive management principles in design of future work. I72SEC. 5092. ST. LOUIS, MISSOURI. I20Section 219(f)(32) of the Water Resources Development Act of 1992 (113 Stat. 337) is amended by striking ``$15,000,000'' and inserting ``$35,000,000''. I72SEC. 5093. ACID BROOK, POMPTON LAKES, NEW JERSEY. I20The Secretary shall carry out a project for flood damage reduction under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), Acid Brook, Pompton Lakes, New Jersey, if the Secretary determines that the project is feasible. I72SEC. 5094. HACKENSACK MEADOWLANDS AREA, NEW JERSEY. I20Section 324 of the Water Resources Development Act of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended_ I22(1) in subsection (a)_ I24(A) by striking ``design'' and inserting ``planning, design,''; and I24(B) by striking ``Hackensack Meadowlands Development'' and all that follows through ``Plan for'' and inserting ``New Jersey Meadowlands Commission for the development of an environmental improvement program for''; I22(2) in subsection (b)_ I24(A) in the subsection heading by striking ``T5RequiredK''; I24(B) by striking ``shall'' and inserting ``may''; I24(C) by striking paragraph (1) and inserting the following: I22``(1) Restoration and acquisitions of significant wetlands and aquatic habitat that contribute to the Meadowlands ecosystem.''T1; I24(D) in paragraph (2) by inserting ``and aquatic habitat'' before the period at the end; and I24(E) by striking paragraph (7) and inserting the following: I22``(7) Research, development, and implementation for a water quality improvement program, including restoration of hydrology and tidal flows and remediation of hot spots and other sources of contaminants that degrade existing or planned sites.''T1; I22(3) in subsection (c) by inserting before the last sentence the following: ``The non-Federal sponsor may also provide in-kind services, not to exceed the non-Federal share of the total project cost, and may also receive credit for reasonable cost of design work completed prior to entering into the partnership agreement with the Secretary for a project to be carried out under the program developed under subsection (a).''; and I22(4) in subsection (d) by striking ``$5,000,000'' and inserting ``$35,000,000''. I72SEC. 5095. CENTRAL NEW MEXICO, NEW MEXICO. I20(a) T5Authorization of AppropriationsK._Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381) is amended by striking ``$25,000,000'' and inserting ``$40,000,000''. I20(b) T5Corps of Engineers ExpensesK._Section 593 of such Act (113 Stat. 381) is amended by adding at the end the following: I20``(i) T5Corps of Engineers ExpensesK._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.''T1. I72SEC. 5096. ATLANTIC COAST OF NEW YORK. I20(a) T5Development of ProgramK._Section 404(a) of the Water Resources Development Act of 1992 (106 Stat. 4863) is amended_ I22(1) by striking ``processes'' and inserting ``and related environmental processes''; I22(2) by inserting after ``Atlantic Coast'' the following: ``(and associated back bays)''; I22(3) by inserting after ``actions'' the following: ``, environmental restoration or conservation measures for coastal and back bays,''; and I22(4) by adding at the end the following: ``The plan for collecting data and monitoring information included in such annual report shall be fully coordinated with and agreed to by appropriate agencies of the State of New York.''. I20(b) T5Annual ReportsK._Section 404(b) of such Act is amended_ I22(1) by striking ``T5Initial PlanK._Not later than 12 months after the date of the enactment of this Act, the'' and inserting ``T5Annual ReportsK._The''; I22(2) by striking ``initial plan for data collection and monitoring'' and inserting ``annual report of data collection and monitoring activities''; and I22(3) by striking the last sentence. I20(c) T5Authorization of AppropriationsK._Section 404(c) of such Act (113 Stat. 341) is amended by striking ``and an additional total of $2,500,000 for fiscal years thereafter'' and inserting ``$2,500,000 for fiscal years 2000 through 2004, and $7,500,000 for fiscal years beginning after September 30, 2004,''. I20(d) T5Tsunami Warning SystemK._Section 404 of the Water Resources Development Act of 1992 (106 Stat. 4863) is amended by adding at the end the following: I20``(d) T5Tsunami Warning SystemK._There is authorized to be appropriated $800,000 for the Secretary to carry out a project for a tsunami warning system, Atlantic Coast of New York.''T1. I72SEC. 5097. COLLEGE POINT, NEW YORK CITY, NEW YORK. I20In carrying out section 312 of the Water Resources Development Act of 1990 (104 Stat. 4639), the Secretary shall give priority to work in College Point, New York City, New York. I72SEC. 5098. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK. I20The Secretary shall credit toward the non-Federal share of the cost of the project for ecosystem restoration, Flushing Bay and Creek, New York City, New York, the cost of design and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I72SEC. 5099. HUDSON RIVER, NEW YORK. I20The Secretary may participate with the State of New York, New York City, and the Hudson River Park Trust in carrying out activities to restore critical marine habitat, improve safety, and protect and rehabilitate critical infrastructure. There is authorized to be appropriated $5,000,000 to carry out this section. I72SEC. 5100. MOUNT MORRIS DAM, NEW YORK. I20As part of the operation and maintenance of the Mount Morris Dam, New York, the Secretary may make improvements to the access road for the dam to provide safe access to a Federal visitor's center. I72SEC. 5101. ONONDAGA LAKE, NEW YORK. I20Section 573 of the Water Resources Development Act of 1999 (113 Stat. 372) is amended_ I22(1) in subsection (f) by striking ``$10,000,000'' and inserting ``$30,000,000''; I22(2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and I22(3) by inserting after subsection (e) the following: I20``(f) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(b)), for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government.''T1. I72SEC. 5102. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA. I20The Secretary shall expedite the completion of the calculations necessary to negotiate and execute a revised, permanent contract for water supply storage at John H. Kerr Dam and Reservoir, North Carolina, among the Secretary and the Kerr Lake Regional Water System and the city of Henderson, North Carolina. I72SEC. 5103. STANLY COUNTY, NORTH CAROLINA. I20Section 219(f)(64) of the Water Resources Development Act of 1992 (114 Stat. 2763Aÿ09221) is amended by inserting ``water and'' before ``wastewater''. I72SEC. 5104. W. KERR SCOTT DAM AND RESERVOIR, NORTH CAROLINA. I20The Secretary shall remove debris from the joint intake at the W. Kerr Scott Dam and Reservoir, North Carolina. I72SEC. 5105. OHIO. I20Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381) is amended_ I22(1) in subsection (b) by striking ``design and construction'' and inserting ``planning, design, and construction''; I22(2) in subsection (g) by striking ``$60,000,000'' and inserting ``$100,000,000''; and I22(3) by adding at the end the following: I20``(h) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095(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.''T1. I72SEC. 5106. TOUSSAINT RIVER, OHIO. I20(a) T5In GeneralK._The project for navigation, Toussaint River, Carroll Township, Ohio, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), is modified to authorize the Secretary to enter into an agreement with the non-Federal interest under which the Secretary may_ I22(1) acquire, and transfer to the non-Federal interest, a dredge and associated equipment with the capacity to perform operation and maintenance of the project; and I22(2) provide the non-Federal interest with a lump-sum payment to cover all future costs of operation and maintenance of the project. I20(b) T5AgreementK._The Secretary may carry out subsection (a)(1) by entering into an agreement with the non-Federal interest under which the non-Federal interest may acquire the dredge and associated equipment directly and be reimbursed by the Secretary. I20(c) T5Authorization of AppropriationsK._There is authorized to be appropriated $1,800,000 to carry out this section. Of such funds, $500,000 may be used to carry out subsection06(a)(1). I20(d) T5ReleaseK._Upon the acquisition and transfer of a dredge and associated equipment under subsection (a)(1), and the payment of funds under subsection (a)(2), all future Federal responsibility for operation and maintenance of the project is extinguished. I72SEC. 5107. EUGENE, OREGON. I20(a) T5In GeneralK._The Secretary shall conduct a study to determine the feasibility of restoring the millrace in Eugene, Oregon, and, if the Secretary determines that the restoration is feasible, the Secretary shall carry out the restoration. I20(b) T5Consideration of Noneconomic BenefitsK._In determining the feasibility of restoring the millrace, the Secretary shall include noneconomic benefits associated with the historical significance of the millrace and associated with preservation and enhancement of resources. I20(c) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $20,000,000. I72SEC. 5108. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OREGON AND WASHINGTON. I20(a) T5In GeneralK._The Secretary shall pay not more than $2,500,000 to the provider of research and curation support previously provided to the Federal Government as a result of_ I22(1) the multipurpose project at John Day Lock and Dam, Lake Umatilla, Oregon and Washington, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 167); and I22(2) the several navigation and flood damage reduction projects constructed on the Columbia River and Lower Willamette River, Oregon and Washington. I20(b) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $2,500,000. I72SEC. 5109. LOWELL, OREGON. I20(a) T5In GeneralK._The Secretary may convey without consideration to Lowell School District, by quitclaim deed, all right, title, and interest of the United States in and to land and buildings thereon, known as Tract Aÿ0982, located in Lowell, Oregon, and described in subsection (b). I20(b) T5Description of PropertyK._The parcel of land authorized to be conveyed under subsection (a) is as follows: Commencing at the point of intersection of the west line of Pioneer Street with the westerly extension of the north line of Summit Street, in Meadows Addition to Lowell, as platted and recorded at page 56 of Volume 4, Lane County Oregon Plat Records; thence north on the west line of Pioneer Street a distance of 176.0 feet to the true point of beginning of this description; thence north on the west line of Pioneer Street a distance of 170.0 feet; thence west at right angles to the west line of Pioneer Street a distance of 250.0 feet; thence south and parallel to the west line of Pioneer Street a distance of 170.0 feet; thence east 250.0 feet to the true point of beginning of this description in Section 14, Township 19 South, Range 1 West of the Willamette Meridian, Lane County, Oregon. I20(c) T5Terms and ConditionsK._Before conveying the parcel to the school district, the Secretary shall ensure that the conditions of buildings and facilities meet the requirements of applicable Federal law. I20(d) T5ReversionK._If the Secretary determines that the property conveyed under subsection (a) ceases to be held in public ownership, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States. I20(e) T5Generally Applicable ProvisionsK._ I22(1) T4Applicability of property screening provisionsK._Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. I22(2) T4LiabilityK._An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. I72SEC. 5110. ALLEGHENY COUNTY, PENNSYLVANIA. I20 Section 219(f)(66) of the Water Resources Development Act of 1992 (114 Stat. 2763Aÿ09221) is amended_ I22(1) by striking ``$20,000,000'' and inserting the following: I24``(A) T4In generalK._$20,000,000''T1; I22(2) by adding at the end the following: I24``(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.''T1; and I22(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). I72SEC. 5111. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA. I20The Secretary shall use existing water quality data to model the effects of the Francis E. Walter Dam, at different water levels, to determine its impact on water and related resources in and along the Lehigh River in Lehigh County, Pennsylvania. There is authorized to be appropriated $500,000 to carry out this section. I72SEC. 5112. NORTHEAST PENNSYLVANIA. I20Section 219(f)(11) of the Water Resources Development Act of 1992 (113 Stat. 335) is amended by striking ``and Monroe'' and inserting ``Northumberland, Union, Snyder, and Montour''. I72SEC. 5113. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK. I20(a) T5Study and Strategy DevelopmentK._Section 567(a) of the Water Resources Development Act of 1996 (110 Stat. 3787; 114 Stat. 2662) is amended_ I22(1) in the matter preceding paragraph (1) by inserting ``and carry out'' after ``develop''; and I22(2) in paragraph (2) by striking ``$10,000,000.'' and inserting ``$20,000,000, of which the Secretary may utilize not more than $5,000,000 to design and construct feasible pilot projects during the development of the strategy to demonstrate alternative approaches for the strategy. The total cost for any single pilot project may not exceed $500,000. The Secretary shall evaluate the results of the pilot projects and consider the results in the development of the strategy.''. I20(b) T5Cooperative AgreementsK._Section 567(c) of such Act (114 Stat. 2662) is amended_ I22(1) in the subsection heading by striking ``T5CooperationK'' and inserting ``T5CooperativeK''; and I22(2) in the first sentence_ I24(A) by inserting ``and carrying out'' after ``developing''; and I24(B) by striking ``cooperation'' and inserting ``cost-sharing and cooperative''. I20(c) T5Implementation of StrategyK._Section 567(d) of such Act (114 Stat. 2663) is amended_ I22(1) by striking ``The Secretary'' and inserting the following: I22``(1) T4In generalK._The Secretary''T1; I22(2) in the second sentence of paragraph (1) (as so designated)_ I24(A) by striking ``implement'' and inserting ``carry out''; and I24(B) by striking ``implementing'' and inserting ``carrying out''; I22(3) by adding at the end the following: I22``(2) T4Priority projectK._In carrying out projects to implement the strategy, the Secretary shall give priority to the project for ecosystem restoration, Cooperstown, New York, described in the Upper Susquehanna River Basin_Cooperstown Area Ecosystem Restoration Feasibility Study, dated December 2004, prepared by the Corps of Engineers and the New York State Department of Environmental Conservation.''T1; and I22(4) by aligning the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection). I20(d) T5CreditK._Section 567 of such Act (110 Stat. 3787; 114 Stat. 2662) is amended by adding at the end the following: I20``(e) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of a project under this section_ I22``(1) the cost of design and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; and I22``(2) the cost of in-kind services and materials provided for the project by the non-Federal interest.''T1. I72SEC. 5114. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. I20The Secretary shall review a report prepared by the non-Federal interest concerning flood protection and environmental restoration for Cano Martin Pena, San Juan, Puerto Rico, and, if the Secretary determines that the report meets the evaluation and design standards of the Corps of Engineers and that the project is feasible, the Secretary may carry out the project at a total cost of $130,000,000, with an estimated Federal cost of $85,000,000 and an estimated non-Federal cost of $45,000,000. I72SEC. 5115. BEAUFORT AND JASPER COUNTIES, SOUTH CAROLINA. I20The Secretary may accept from the Department of the Navy, and may use, not to exceed $23,000,000 to assist the Beaufort Jasper Water and Sewage Authority, South Carolina, with its plan to consolidate civilian and military wastewater treatment facilities. I72SEC. 5116. FRITZ LANDING, TENNESSEE. I20The Secretary shall_ I22(1) conduct a study of the Fritz Landing Agricultural Spur Levee, Tennessee, to determine the extent of levee modifications that would be required to make the levee and associated drainage structures consistent with Federal standards; I22(2) design and construct such modifications; and I22(3) after completion of such modifications, incorporate the levee into the project for flood control, Mississippi River and Tributaries, authorized by the Act entitled ``An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes'', approved May 15, 1928 (45 Stat. 534ÿ09539), commonly known as the ``Flood Control Act of 1928''. I72SEC. 5117. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE. I20The Secretary shall plan, design, and construct a trail system at the J. Percy Priest Dam and Reservoir, Tennessee, authorized by section 4 of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved June 28, 1938 (52 Stat. 1217), including design and construction of support facilities for public health and safety associated with trail development. In carrying out such improvements, the Secretary is authorized to use funds made available by the State of Tennessee from any Federal or State source, or both. I72SEC. 5118. TOWN CREEK, LENOIR CITY, TENNESSEE. I20The Secretary shall design and construct the project for flood damage reduction designated as Alternative 4 in the Town Creek, Lenoir City, Loudon County, Tennessee, feasibility report of the Nashville district engineer, dated November 2000, under the authority of section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), notwithstanding section 1 of the Flood Control Act of June 22, 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal share of the cost of the project shall be subject to section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)). I72SEC. 5119. TENNESSEE RIVER PARTNERSHIP. I20(a) T5In GeneralK._As part of the operation and maintenance of the project for navigation, Tennessee River, Tennessee, Alabama, Mississippi, and Kentucky, authorized by the first section of the River and Harbor Act of July 3, 1930 (46 Stat. 927), the Secretary may enter into a partnership with a nonprofit entity to remove debris from the Tennessee River in the vicinity of Knoxville, Tennessee, by providing a vessel to such entity, at Federal expense, for such debris removal purposes. I20(b) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $500,000. I72SEC. 5120. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS, AND MISSISSIPPI. I20The Secretary may participate with non-Federal and nonprofit entities to address issues concerning managing groundwater as a sustainable resource through the Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi, and coordinating the protection of groundwater supply and groundwater quality with local surface water protection programs. There is authorized to be appropriated $5,000,000 to carry out this section. I72SEC. 5121. BOSQUE RIVER WATERSHED, TEXAS. I20(a) T5Comprehensive PlanK._The Secretary, in consultation with appropriate Federal, State, and local entities, shall develop, as expeditiously as practicable, a comprehensive plan for development of new technologies and innovative approaches for restoring, preserving, and protecting the Bosque River watershed within Bosque, Hamilton, McLennan, and Erath Counties, Texas. The Secretary, in cooperation with the Secretary of Agriculture, may carry out activities identified in the comprehensive plan to demonstrate practicable alternatives for stabilization and enhancement of land and water resources in the basin. I20(b) T5Services of Public Non-Profit Institutions and Other EntitiesK._In carrying out subsection (a), the Secretary may utilize, through contracts or other means, the services of public non-profit institutions and such other entities as the Secretary considers appropriate. I20(c) T5Non-Federal ShareK._ I22(1) T4In generalK._The non-Federal share of the cost of activities carried out under this section shall be 35 percent. I22(2) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of activities carried out under this section the cost of planning, design, and construction work completed by or on behalf of the non-Federal interests for implementation of measures constructed with assistance provided under this section. The amount of such credit shall not exceed the non-Federal share of the cost of such activities. I22(3) T4Operation and maintenanceK._The non-Federal share of the cost of operation and maintenance for measures constructed with assistance provided under this section shall be 100 percent. I20(d) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $5,000,000. I72SEC. 5122. DALLAS FLOODWAY, DALLAS, TEXAS. I20(a) T5In GeneralK._The Secretary shall review the Balanced Vision Plan for the Trinity River Corridor, Dallas, Texas, dated December 2003 and amended in March 2004, prepared by the non-Federal interest for the project for flood damage reduction and other purposes, Dallas Floodway, Dallas, Texas, and, if the Secretary determines that the project is technically sound and environmentally acceptable, shall carry out the project at a total cost of $194,000,000, with an estimated Federal cost of $126,100,000 and an estimated non-Federal cost of $67,900,000. I20(b) T5CreditK._ I22(1) T4In-kind contributionsK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. I22(2) T4Cash contributionsK._The Secretary shall accept funds provided by the non-Federal interests for use in carrying out planning, engineering, and design for the project. The Federal share of such planning, engineering, and design carried out with non-Federal contributions shall be credited against the non-Federal share of project costs. I72SEC. 5123. HARRIS COUNTY, TEXAS. I20(a) T5In GeneralK._Section 575(a) of the Water Resources Development Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended by inserting before the period at the end the following: ``, whether or not such works or actions are partially funded under the hazard mitigation grant program of the Federal Emergency Management Agency''. I20(b) T5Specific ProjectsK._Section 575(b) of such Act (110 Stat. 3789; 113 Stat. 311) is amended_ I22(1) in paragraph (3) by striking ``and'' at the end; I22(2) in paragraph (4) by striking the period at the end and inserting ``; and''; and I22(3) by adding the following: I22``(5) the project for flood control, Upper White Oak Bayou, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125).''T1. I72SEC. 5124. ONION CREEK, TEXAS. I20In carrying out the study for the project for flood damage reduction, recreation, and ecosystem restoration, Onion Creek, Texas, the Secretary shall include the costs and benefits associated with the relocation of flood-prone residences in the study area for the project in the period beginning 2 years before the date of initiation of the study and ending on the date of execution of the partnership agreement for construction of the project to the extent the Secretary determines such relocations are compatible with the project. The Secretary shall credit toward the non-Federal share of the cost of the project the cost of relocation of such flood-prone residences incurred by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the relocation of such residences is integral to the project. I72SEC. 5125. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. I20The Secretary shall accept funds from the National Park Service to restore Dyke Marsh, Fairfax County, Virginia. I72SEC. 5126. EASTERN SHORE AND SOUTHWEST VIRGINIA. I20Section 219(f)(10) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended_ I22(1) by striking ``$20,000,000 for water supply and wastewater infrastructure'' and inserting the following: I24``(A) T4In generalK._$20,000,000 for water supply, wastewater infrastructure, and environmental restoration''T1; I22(2) by adding at the end the following: I24``(B) T4CreditK._The Secretary shall credit toward the non-Federal share of the cost of the project the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.''T1; and I22(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). I72SEC. 5127. JAMES RIVER, VIRGINIA. I20The Secretary shall accept funds from the National Park Service to provide technical and project management assistance for the James River, Virginia, with a particular emphasis on locations along the shoreline adversely impacted by Hurricane Isabel. I72SEC. 5128. BAKER BAY AND ILWACO HARBOR, WASHINGTON. I20The Secretary shall conduct a study of increased siltation in Baker Bay and Ilwaco Harbor, Washington, to determine if the siltation is the result of a Federal navigation project (including diverted flows from the Columbia River) and, if the Secretary determines that the siltation is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the siltation as part of maintenance of the Federal navigation project. I72SEC. 5129. HAMILTON ISLAND CAMPGROUND, WASHINGTON. I20The Secretary is authorized to plan, design, and construct a campground for Bonneville Lock and Dam at Hamilton Island (also know as ``Strawberry Island'') in Skamania County, Washington. I72SEC. 5130. PUGET ISLAND, WASHINGTON. I20The Secretary is directed to place dredged and other suitable material along portions of the Columbia River shoreline of Puget Island, Washington, between river miles 38 to 47 in order to protect economic and environmental resources in the area from further erosion, at a Federal cost of $1,000,000. This action shall be coordinated with appropriate resource agencies and comply with applicable Federal laws. I72SEC. 5131. WILLAPA BAY, WASHINGTON. I20Section 545 of the Water Resources Development Act of 2000 (114 Stat. 2675) is amended_ I22(1) in subsection (b)(1) by striking ``may construct'' and inserting ``shall construct''; and I22(2) by inserting ``and ecosystem restoration'' after ``erosion protection'' each place it appears. I72SEC. 5132. BLUESTONE, WEST VIRGINIA. I20Section 547 of the Water Resources Development Act of 2000 (114 Stat. 2676ÿ092678) is amended_ I22(1) in subsection (b)(1)(A) by striking ``4 years'' and inserting ``5 years''; I22(2) in subsection (b)(1)(B)(iii) by striking ``if all'' and all that follows through ``facility'' and inserting ``assurance project''; I22(3) in subsection (b)(1)(C) by striking ``and construction'' and inserting ``, construction, and operation and maintenance''; I22(4) by adding at the end of subsection (b) the following: I22``(3) T4Operation and ownershipK._The Tri-Cities Power Authority shall be the owner and operator of the hydropower facilities referred to in subsection (a).''T1; I22(5) in subsection (c)(1)_ I24(A) by striking ``No'' and inserting ``Unless otherwise provided, no''; I24(B) by inserting ``planning,'' before ``design''; and I24(C) by striking ``prior to'' and all that follows through ``subsection (d)''; I22(6) in subsection (c)(2) by striking ``design'' and inserting ``planning, design,''; I22(7) in subsection (d)_ I24(A) by striking paragraphs (1) and (2) and inserting the following: I22``(1) T4ApprovalK._The Secretary shall review the design and construction activities for all features of the hydroelectric project that pertain to and affect stability of the dam and control the release of water from Bluestone Dam to ensure that the quality of construction of those features meets all standards established for similar facilities constructed by the Secretary.''T1; I24(B) by redesignating paragraph (3) as paragraph (2); I24(C) by striking the period at the end of paragraph (2) (as so redesignated) and inserting ``, except that hydroelectric power is no longer a project purpose of the facility. Water flow releases from the hydropower facilities shall be determined and directed by the Corps of Engineers.''; and I24(D) by adding at the end the following: I22``(3) T4CoordinationK._Construction of the hydroelectric generating facilities shall be coordinated with the dam safety assurance project currently in the design and construction phases.''T1; I22(8) in subsection (e) by striking ``in accordance'' and all that follows through ``58 Stat. 890)''; I22(9) in subsection (f)_ I24(A) by striking ``facility of the interconnected systems of reservoirs operated by the Secretary'' each place it appears and inserting ``facilities under construction under such agreements''; and I24(B) by striking ``design'' and inserting ``planning, design''; I22(10) in subsection (f)(2)_ I24(A) by ``Secretary'' each place it appears and inserting ``Tri-Cities Power Authority''; and I24(B) by striking ``facilities referred to in subsection (a)'' and inserting ``such facilities''; I22(11) by striking paragraph (1) of subsection (g) and inserting the following: I22``(1) to arrange for the transmission of power to the market or to construct such transmission facilities as necessary to market the power produced at the facilities referred to in subsection (a) with funds contributed by the Tri-Cities Power Authority; and''T1; I22(12) in subsection (g)(2) by striking ``such facilities'' and all that follows through ``the Secretary'' and inserting ``the generating facility''; and I22(13) by adding at the end the following: I20``(i) T5Tri-Cities Power Authority DefinedK._In this section, the `Tri-Cities Power Authority' refers to the entity established by the City of Hinton, West Virginia, the City of White Sulphur Springs, West Virginia, and the City of Philippi, West Virginia, pursuant to a document entitled `Second Amended and Restated Intergovernmental Agreement' approved by the Attorney General of West Virginia on February 14, 2002.''T1. I72SEC. 5133. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL. I20(a) T5Cheat and Tygart River Basins, West VirginiaK._Section 581(a)(1) of the Water Resources Development Act of 1996 (110 Stat. 3790; 113 Stat. 313) is amended_ I22(1) by striking ``flood control measures'' and inserting ``structural and nonstructural flood control, streambank protection, stormwater management, and channel clearing and modification measures''; and I22(2) by inserting ``with respect to measures that incorporate levees or floodwalls'' before the semicolon. I20(b) T5Priority CommunitiesK._Section 581(b) of the Water Resources Development Act of 1996 (110 Stat. 3791) is amended_ I22(1) by striking ``and'' at the end of paragraph (5); I22(2) by striking the period at the end of paragraph (6) and inserting a semicolon; and I22(3) by adding at the end the following: I22``(7) Etna, Pennsylvania, in the Pine Creek watershed; and I22``(8) Millvale, Pennsylvania, in the Girty's Run River basin.''T1. I20(c) T5Authorization of AppropriationsK._Section 581(c) of the Water Resources Development Act of 1996 (110 Stat. 3791) is amended by striking ``$12,000,000'' and inserting ``$90,000,000''. I72SEC. 5134. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. I20The Secretary shall conduct a watershed and river basin assessment under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a) for the Lower Kanawha River Basin, in the counties of Mason, Putnam, Kanawha, Jackson, and Roane, West Virginia. I72SEC. 5135. CENTRAL WEST VIRGINIA. I20Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended_ I22(1) in subsection (a)_ I24(A) by striking ``Nicholas,''; and I24(B) by striking ``Gilmer,''; and I22(2) by adding at the end the following: I20``(i) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(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. I20``(j) T5Corps of Engineers ExpensesK._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.''T1. I72SEC. 5136. SOUTHERN WEST VIRGINIA. I20(a) T5Corps of EngineersK._Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856; 113 Stat. 320) is amended by adding at the end the following: I20``(h) T5Corps of EngineersK._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.''T1. I20(b) T5Southern West Virginia DefinedK._Section 340(f) of such Act is amended by inserting ``Nicholas,'' after ``Greenbrier,''. I20(c) T5Nonprofit EntitiesK._Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is further amended by adding at the end the following: I20``(i) T5Nonprofit EntitiesK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095b(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.''T1. I72SEC. 5137. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN. I20The Secretary shall conduct a study of the Johnsonville Dam, Johnsonville, Wisconsin, to determine if the structure prevents ice jams on the Sheboygan River. I72SEC. 5138. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTERESTS. I20Section 211(f) of the Water Resources Development Act of 1996 (33 U.S.C. 701bÿ0913) is amended by adding at the end the following: I22``(9) T4Buffalo bayou, texasK._The project for flood control, Buffalo Bayou, Texas. I22``(10) T4Halls bayou, texasK._The project for flood control, Halls Bayou, Texas. I22``(11) T4St. paul downtown airport (holman field), st. paul, minnesotaK._The project for flood damage reduction, St. Paul Downtown Airport (Holman Field), St. Paul, Minnesota. I22``(12) T4Thornton reservoir, cook county, illinoisK._The project for flood control, Chicago Underflow Plan, Thornton Reservoir, Cook County, Illinois. I22``(13) T4Larose to golden meadow, louisianaK._The project for flood control, Larose to Golden Meadow, Louisiana. I22``(14) T4Perris, californiaK._The project for flood control, Perris, California.''T1. I72SEC. 5139. USE OF FEDERAL HOPPER DREDGE FLEET. I20(a) T5StudyK._The Secretary shall conduct a study on the appropriate use of the Federal hopper dredge fleet. I20(b) T5ContentsK._In conducting the study, the Secretary shall_ I22(1) obtain and analyze baseline data to determine the appropriate use of the Federal hopper dredge fleet; I22(2) prepare a comprehensive analysis of the costs and benefits of existing and proposed restrictions on the use of the Federal hopper dredge fleet; and I22(3) assess the data and procedure used by the Secretary to prepare the Government cost estimate for worked performed by the Federal hopper dredge fleet. I20(c) T5ConsultationK._The Secretary shall conduct the study in consultation with ports, pilots, and representatives of the private dredge industry. I20(d) T5ReportK._Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. I78TITLE VI_FLORIDA EVERGLADES I72SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA. I20(a) T5ModificationK._The project for Hillsboro and Okeechobee Aquifer, Florida, authorized by section 101(a)(16) of the Water Resources Development Act of 1999 (113 Stat. 276), is modified to authorize the Secretary to carry out the project at a total cost of $39,200,000. I20(b) T5TreatmentK._Section 601(b)(2)(A) of the Water Resources Development Act of 2000 (114 Stat. 2681) is amended_ I22(1) in clause (i) by adding at the end the following: ``The project for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer, Florida, authorized by section 101(a)(16) of the Water Resources Development Act of 1999 (113 Stat. 276), shall be treated for purposes of this section as being in the Plan, except that operation and maintenance costs of the project shall remain a non-Federal responsibility.''; and I22(2) in clause (iii) by inserting after ``subparagraph (B)'' the following: ``and the project for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer''. I72SEC. 6002. PILOT PROJECTS. I20Section 601(b)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2681) is amended_ I22(1) in the matter preceding clause (i)_ I24(A) by striking ``$69,000,000'' and inserting ``$71,200,000''; and I24(B) by striking ``$34,500,000'' each place it appears and inserting ``$35,600,000''; and I22(2) in clause (i)_ I24(A) by striking ``$6,000,000'' and inserting ``$8,200,000''; and I24(B) by striking ``$3,000,000'' each place it appears and inserting ``$4,100,000''. I72SEC. 6003. MAXIMUM COST OF PROJECTS. I20Section 601(b)(2)(E) of the Water Resources Development Act of 2000 (114 Stat. 2683) is amended by inserting ``and section (d)'' before the period at the end. I72SEC. 6004. PROJECT AUTHORIZATION. I20Section 601(d) of the Water Resources Development Act of 2000 (114 Stat. 2684) is amended by adding at the end the following: I22``(3) T4Project authorizationK._The following project for water resources development and conservation and other purposes is authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the report designated in this paragraph: I24``(A) T4Indian river lagoon south, floridaK._The project for ecosystem restoration, water supply, flood damage reduction, and protection of water quality, Indian River Lagoon South, Florida: Report of the Chief of Engineers dated August 6, 2004, at a total cost of $1,210,608,000, with an estimated Federal cost of $605,304,000 and an estimated non-Federal cost of $605,304,000.''T1. I72SEC. 6005. CREDIT. I20Section 601(e)(5)(B) of the Water Resources Development Act of 2000 (114 Stat. 2685) is amended_ I22(1) in clause (i)_ I24(A) by striking ``or'' at the end of subclause (I); I24(B) by adding ``or'' at the end of subclause (II); and I24(C) by adding at the end the following: I26``(III) the credit is provided for work carried out before the date of the partnership agreement between the Secretary and the non-Federal sponsor, as defined in an agreement between the Secretary and the non-Federal sponsor providing for such credit;''T1; and I22(2) in clause (ii)_ I24(A) by striking ``design agreement or the project cooperation''; and I24(B) by inserting before the semicolon the following: ``, including in the case of credit provided under clause (i)(III) conditions relating to design and construction''. I72SEC. 6006. OUTREACH AND ASSISTANCE. I20Section 601(k) of the Water Resources Development Act of 2000 (114 Stat. 2691) is amended by adding at the end the following: I22``(3) T4Maximum expendituresK._The Secretary may expend up to $3,000,000 per fiscal year for fiscal years beginning after September 30, 2004, to carry out this subsection.''T1. I72SEC. 6007. CRITICAL RESTORATION PROJECTS. I20Section 528(b)(3)(C) of the Water Resources Development Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amended_ I22(1) in clause (i) by striking ``$75,000,000'' and all that follows through ``2003'' and inserting ``$95,000,000''; and I22(2) in clause (ii) by striking ``$25,000,000'' and inserting ``$30,000,000''. I72SEC. 6008. DEAUTHORIZATIONS. I20As of the date of enactment of this Act, the following projects are not authorized: I22(1) The uncompleted portions of the project authorized by section 601(b)(2)(C)(i) of the Water Resources Development Act of 2000 (114 Stat. 2682), Cÿ0944 Basin Storage Reservoir of the Comprehensive Everglades Restoration Plan. I22(2) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), Martin County, Florida modifications to the Central and South Florida Project, as contained in Senate Document 101, 90th Congress, 2d Session. I22(3) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740), East Coast Backpumping, St. Lucie_Martin County, Spillway Structure Sÿ09311 of the Central and South Florida Project, as contained in House Document 369, 90th Congress, 2d Session. I72SEC. 6009. MODIFIED WATER DELIVERY. I20(a) T5Tamiami TrailK._The Secretary shall not carry out a project for raising Tamiami Trail, Florida, until such date as the project is specifically authorized by law. I20(b) T5ReportsK._The Secretary shall submit to Congress reports recommending specific authorizations in law for_ I22(1) changes to the project to improve water deliveries to Everglades National Park, authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-8), if necessary; I22(2) a project to raise Tamiami Trail, Florida, if necessary; and I22(3) a combined structural and operational plan for the Cÿ09111 Canal Project, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176), and modified by section 203 of the Flood Control Act of 1968 (82 Stat. 740), and further modified by section 316 of the Water Resources Development Act of 1996 (110 Stat. 3715), and the project to improve water deliveries to Everglades National Park. I78TITLE VII_LOUISIANA COASTAL AREA I72SEC. 7001. DEFINITIONS. I20In this title, the following definitions apply: I22(1) T4Coastal louisiana ecosystemK._The term ``coastal Louisiana ecosystem'' means the coastal area of Louisiana from the Sabine River on the west and the Pearl River on the east, including those parts of the Deltaic Plain and the Chenier Plain included within the study area of the Plan. I22(2) T4GovernorK._The term ``Governor'' means the Governor of the State of Louisiana. I22(3) T4PlanK._The term ``Plan'' means the report of the Chief of Engineers for ecosystem restoration for the Louisiana Coastal Area dated January 31, 2005. I22(4) T4Task forceK._The term ``Task Force'' means the Coastal Louisiana Ecosystem Protection and Restoration Task Force established by section 7003. I72SEC. 7002. ADDITIONAL REPORTS. I20(a) T5Mississippi River Gulf OutletK._Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report recommending modifications to the Mississippi River Gulf Outlet to address navigation, salt water intrusion, channel bank erosion, mitigation, and threats to life and property. I20(b) T5Chenier PlainK._Not later than July 1, 2006, the Secretary shall submit to Congress a report recommending near-term ecosystem restoration measures for the Chenier Plain, Louisiana. I20(c) T5Long-Term PlanK._ I22(1) T4Comprehensive frameworkK._Not later than one year after the date of enactment of this section, the Secretary shall submit to Congress a recommended framework for developing a long-term program that provides for the comprehensive protection, conservation, and restoration of the wetlands, estuaries (including Barataria-Terrebonne Estuary), barrier islands, and related land and features that protect critical resources, habitat, and infrastructure in the coastal Louisiana ecosystem from the impacts of coastal storms, hurricanes, erosion, and subsidence. I22(2) T4ConsiderationK._In developing the recommended framework, the Secretary shall consider integrating other Federal or State projects or activities within the coastal Louisiana ecosystem into the long-term restoration program. I22(3) T4Comprehensive planK._ I24(A) T4DeadlineK._Not later than five years after the date of enactment of this Act, the Secretary shall submit to Congress a feasibility study recommending a comprehensive, long-term, plan for the protection, conservation, and restoration of the coastal Louisiana ecosystem. I24(B) T4IntegrationK._The comprehensive, long-term, plan shall include recommendations for the integration of ongoing Federal and State projects, programs, and activities. I72SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK FORCE. I20(a) T5Establishment and MembershipK._There is established the Coastal Louisiana Ecosystem Protection and Restoration Task Force, which shall consist of the following members (or, in the case of the head of a Federal agency, a designee at the level of Assistant Secretary or an equivalent level): I22(1) The Secretary. I22(2) The Secretary of the Interior. I22(3) The Secretary of Commerce. I22(4) The Administrator of the Environmental Protection Agency. I22(5) The Secretary of Agriculture. I22(6) The Secretary of Transportation. I22(7) The Secretary of Energy. I22(8) The Director of the Federal Emergency Management Agency. I22(9) The Commandant of the Coast Guard. I22(10) The Coastal Advisor to the Governor. I22(11) The Secretary of the Louisiana Department of Natural Resources. I22(12) A representative of the Louisiana Governor's Advisory Commission on Coastal Restoration and Conservation. I20(b) T5Duties of Task ForceK._The Task Force shall_ I22(1) make recommendations to the Secretary regarding policies, strategies, plans, programs, projects, and activities for addressing protection, conservation, and restoration of the coastal Louisiana ecosystem; I22(2) prepare financial plans for each of the agencies represented on the Task Force for funds proposed for the protection, conservation, and restoration of the coastal Louisiana ecosystem under authorities of each agency, including_ I24(A) recommendations that identify funds from current agency missions and budgets; and I24(B) recommendations for coordinating individual agency budget requests; and I22(3) submit to Congress a biennial report that summarizes the activities of the Task Force and progress towards the purposes set forth in section 7002(c)(1). I20(c) T5Procedures and AdviceK._The Task Force shall_ I22(1) implement procedures to facilitate public participation with regard to Task Force activities, including_ I24(A) providing advance notice of meetings; I24(B) providing adequate opportunity for public input and comment; I24(C) maintaining appropriate records; and I24(D) making a record of proceedings available for public inspection; and I22(2) establish such working groups as are necessary to assist the Task Force in carrying out its duties. I20(d) T5CompensationK._Members of the Task Force or any associated working group may not receive compensation for their services as members of the Task Force or working group. I20(e) T5Travel ExpensesK._Travel expenses incurred by members of the Task Force, or members of an associated working group, in the performance of their service on the Task Force or working group shall be paid by the agency or entity that the member represents. I20(f) T5Application of Federal Advisory Committee ActK._The Task Force and any working group established by the Task Force shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). I72SEC. 7004. INVESTIGATIONS. I20(a) T5In GeneralK._The Secretary shall conduct feasibility studies for future authorization and large-scale studies substantially in accordance with the Plan at a total cost $130,000,000. I20(b) T5Existing Federally Authorized Water Resources ProjectsK._ I22(1) T4In generalK._The Secretary shall review existing federally authorized water resources projects in the coastal Louisiana ecosystem in order to determine their consistency with the purposes of this section and whether the projects have the potential to contribute to ecosystem restoration through revised operations or modified project features. I22(2) T4FundingK._There is authorized to be appropriated $10,000,000 to carry out this subsection. I72SEC. 7005. CONSTRUCTION. I20(a) T5Coastal Louisiana Ecosystem ProgramK._ I22(1) T4In generalK._The Secretary shall carry out a coastal Louisiana ecosystem program substantially in accordance with the Plan, at a total cost of $50,000,000. I22(2) T4ObjectivesK._The objectives of the program shall be to_ I24(A) identify uncertainties about the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem; I24(B) improve the State of knowledge of the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem; and I24(C) identify and develop technologies, models, and methods that could be useful in carrying out the purposes of this title. I22(3) T4Working groupsK._The Secretary may establish such working groups as are necessary to assist in carrying out this subsection. I22(4) T4Procedures and adviceK._In carrying out this subsection, the Secretary is authorized to enter into contracts and cooperative agreements with scientific and engineering experts in the restoration of aquatic and marine ecosystems, including a consortium of academic institutions in Louisiana and Mississippi for coastal restoration and enhancement through science and technology. I20(b) T5Demonstration ProjectsK._ I22(1) T4In generalK._Subject to paragraphs (2) and (3), the Secretary may carry out projects substantially in accordance with the Plan for the purpose of resolving critical areas of scientific or technological uncertainty related to the implementation of the comprehensive plan to be developed under section 7002(c)(3). I22(2) T4Maximum costK._ I24(A) T4Total costK._The total cost for planning, design, and construction of all demonstration projects under this subsection shall not exceed $100,000,000. I24(B) T4Individual projectK._The total cost of an individual demonstration project under this subsection shall not exceed $25,000,000. I20(c) T5Initial ProjectsK._The Secretary is authorized to carry out the following projects substantially in accordance with the Plan: I22(1) Mississippi River Gulf Outlet Environmental Restoration at a total cost of $105,300,000. I22(2) Small Diversion at Hope Canal at a total cost of $68,600,000. I22(3) Barataria Basin Barrier Shoreline Restoration at a total cost of $242,600,000. I22(4) Small Bayou Lafourche Reintroduction at a total cost of $133,500,000. I22(5) Medium Diversion at Myrtle Grove with Dedicated Dredging at a total cost of $278,300,000. I20(d) T5Beneficial Use of Dredged MaterialK._The Secretary, substantially in accordance with the Plan, shall implement in the coastal Louisiana ecosystem a program for the beneficial use of material dredged from federally maintained waterways at a total cost of $100,000,000. I72SEC. 7006. NON-FEDERAL COST SHARE. I20(a) T5CreditK._The Secretary shall credit toward the non-Federal share of the cost of a study authorized by section 7004 or a project authorized by section 7005 the cost of work carried out in the coastal Louisiana ecosystem by the non-Federal interest before the date of the partnership agreement for the study or project, as the case may be, if the Secretary determines that the work is integral to the study or project, as the case may be. I20(b) T5Treatment of Credit Between ProjectsK._Any credit provided under this section toward the non-Federal share of the cost of a study authorized by section 7004 or a project authorized by section 7005 may be applied toward the non-Federal share of the cost of any other study authorized by section 7004 or any other project authorized by section 7005, as the case may be. I20(c) T5Periodic MonitoringK._ I22(1) T4In generalK._To ensure that the contributions of the non-Federal interest equal the non-Federal share of the cost of a study authorized by section 7004 or a project authorized by section 7005, during each 5-year period beginning after the date of commencement of the first study under section 7004 or construction of the first project under section 7005, as the case may be, the Secretary shall_ I24(A) monitor the non-Federal provision for each study authorized by section 7004 or each project authorized by section 7005, as the case may be, of cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas; and I24(B) manage, to the extent practicable, the requirement of the non-Federal interest to provide for each such project cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas. I22(2) T4Other monitoringK._The Secretary shall conduct monitoring separately for the study phase, construction phase, the preconstruction engineering and design phase, and the planning phase for each project authorized on or after date of enactment of this Act for all or any portion of the coastal Louisiana ecosystem. I20(d) T5AuditsK._Credit for land, easements, rights-of-way, relocations, and disposal areas (including land value and incidental costs) provided under this section, and the cost of work provided under this section, shall be subject to audit by the Secretary. I72SEC. 7007. PROJECT JUSTIFICATION. I20(a) T5In GeneralK._Notwithstanding section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962ÿ092) or any other provision of law, in carrying out any project or activity authorized by or under this title or any other provision of law to protect, conserve, and restore the coastal Louisiana ecosystem, the Secretary may determine that_ I22(1) the project or activity is justified by the environmental benefits derived by the coastal Louisiana ecosystem; and I22(2) no further economic justification for the project or activity is required if the Secretary determines that the project or activity is cost effective. I20(b) T5Limitation on ApplicabilityK._Subsection (a) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the protection, conservation, and restoration of the coastal Louisiana ecosystem. I72SEC. 7008. STATUTORY CONSTRUCTION. I20(a) T5Existing AuthorityK._Except as otherwise provided in this title, nothing in this title affects any authority in effect on the date of enactment of this Act, or any requirement relating to the participation in protection, conservation, and restoration projects and activities in the coastal Louisiana ecosystem, including projects and activities referred to in subsection (a) of_ I22(1) the Department of the Army; I22(2) the Department of the Interior; I22(3) the Department of Commerce; I22(4) the Environmental Protection Agency; I22(5) the Department of Agriculture; I22(6) the Department of Transportation; I22(7) the Department of Energy; I22(8) the Federal Emergency Management Agency; I22(9) the Coast Guard; and I22(10) the State of Louisiana. I20(b) T5New AuthorityK._Nothing in this title confers any new regulatory authority on any Federal or non-Federal entity that carries out any project or activity authorized by or under this title. I78TITLE VIII_UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM I72SEC. 8001. DEFINITIONS. I20In this title, the following definitions apply: I22(1) T4PlanK._The term ``Plan'' means the project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway System: Report of the Chief of Engineers, dated December 15, 2004. I22(2) T4Upper mississippi river and illinois waterway systemK._The term ``Upper Mississippi River and Illinois Waterway System'' means the projects for navigation and ecosystem restoration authorized by Congress for_ I24(A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and I24(B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0. I72SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION. I20Except as modified by this title, the Secretary shall undertake navigation improvements and restoration of the ecosystem for the Upper Mississippi River and Illinois Water System substantially in accordance with the Plan and subject to the conditions described therein. I72SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS. I20(a) T5Small Scale and Nonstructural MeasuresK._ I22(1) T4In generalK._The Secretary shall_ I24(A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock; I24(B) provide switchboats at Locks 20 through 25; and I24(C) conduct development and testing of an appointment scheduling system. I22(2) T4Authorization of appropriationsK._The total cost of projects authorized under this subsection shall be $235,000,000. Such costs shall be paid \1/2\ from amounts appropriated from the general fund of the Treasury and \1/2\ from amounts appropriated from the Inland Waterways Trust Fund. I20(b) T5New LocksK._ I22(1) T4In generalK._The Secretary shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway. I22(2) T4Authorization of appropriationsK._The total cost of projects authorized under this subsection shall be $1,795,000,000. Such costs shall be paid \1/2\ from amounts appropriated from the general fund of the Treasury and \1/2\ from amounts appropriated from the Inland Waterways Trust Fund. I20(c) T5ConcurrenceK._The mitigation required for the projects authorized under subsections (a) and (b), including any acquisition of lands or interests in lands, shall be undertaken or acquired concurrently with lands and interests in lands for the projects authorized under subsections (a) and (b), and physical construction required for the purposes of mitigation shall be undertaken concurrently with the physical construction of such projects. I72SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. I20(a) T5OperationK._To ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. I20(b) T5Ecosystem Restoration ProjectsK._ I22(1) T4In generalK._The Secretary shall carry out, consistent with requirements to avoid adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan. I22(2) T4Projects includedK._Ecosystem restoration projects may include_ I24(A) island building; I24(B) construction of fish passages; I24(C) floodplain restoration; I24(D) water level management (including water drawdown); I24(E) backwater restoration; I24(F) side channel restoration; I24(G) wing dam and dike restoration and modification; I24(H) island and shoreline protection; I24(I) topographical diversity; I24(J) dam point control; I24(K) use of dredged material for environmental purposes; I24(L) tributary confluence restoration; I24(M) spillway, dam, and levee modification; and I24(N) land and easement acquisition. I22(3) T4Cost sharingK._ I24(A) T4In generalK._Except as provided in subparagraphs (B) and (C), the Federal share of the cost of carrying out an ecosystem restoration project under this subsection shall be 65 percent. I24(B) T4Exception for certain restoration projectsK._In the case of a project under this section for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project_ I26(i) is located below the ordinary high water mark or in a connected backwater; I26(ii) modifies the operation of structures for navigation; or I26(iii) is located on federally owned land. I24(C) T4Savings clauseK._Nothing in this subsection affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(e)). I24(D) T4Nongovernmental organizationsK._Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962dÿ095(b)), for any project carried out under this title, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government. I22(4) T4Land acquisitionK._The Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing seller through conveyance of_ I24(A) fee title to the land; or I24(B) a flood plain conservation easement. I20(c) T5Ecosystem Restoration Preconstruction Engineering and DesignK._ I22(1) T4Restoration designK._Before initiating the construction of any individual ecosystem restoration project, the Secretary shall_ I24(A) establish ecosystem restoration goals and identify specific performance measures designed to demonstrate ecosystem restoration; I24(B) establish the without-project condition or baseline for each performance indicator; and I24(C) for each separable element of the ecosystem restoration, identify specific target goals for each performance indicator. I22(2) T4OutcomesK._Performance measures identified under paragraph (1)(A) shall include specific measurable environmental outcomes, such as changes in water quality, hydrology, or the well-being of indicator species the population and distribution of which are representative of the abundance and diversity of ecosystem-dependent aquatic and terrestrial species. I22(3) T4Restoration designK._Restoration design carried out as part of ecosystem restoration shall include a monitoring plan for the performance measures identified under paragraph (1)(A), including_ I24(A) a timeline to achieve the identified target goals; and I24(B) a timeline for the demonstration of project completion. I20(d) T5Specific Projects AuthorizationK._ I22(1) T4In generalK._There is authorized to be appropriated to carry out this subsection $1,580,000,000, of which not more than $226,000,000 shall be available for projects described in subsection (b)(2)(B) and not more than $43,000,000 shall be available for projects described in subsection (b)(2)(J). I22(2) T4Limitation on available fundsK._Of the amounts made available under paragraph (1), not more than $35,000,000 in any fiscal year may be used for land acquisition under subsection (b)(4). I22(3) T4Individual project limitK._Other than for projects described in subparagraphs (B) and (J) of subsection (b)(2), the total cost of any single project carried out under this subsection shall not exceed $25,000,000. I20(e) T5Implementation ReportsK._ I22(1) T4In generalK._Not later than June 30, 2007, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that_ I24(A) includes baselines, milestones, goals, and priorities for ecosystem restoration projects; and I24(B) measures the progress in meeting the goals. I22(2) T4Advisory panelK._ I24(A) T4In generalK._The Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under paragraph (1). I24(B) T4Panel membersK._Panel members shall include_ I26(i) 1 representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; I26(ii) 1 representative of the Department of Agriculture; I26(iii) 1 representative of the Department of Transportation; I26(iv) 1 representative of the United States Geological Survey; I26(v) 1 representative of the United States Fish and Wildlife Service; I26(vi) 1 representative of the Environmental Protection Agency; I26(vii) 1 representative of affected landowners; I26(viii) 2 representatives of conservation and environmental advocacy groups; and I26(ix) 2 representatives of agriculture and industry advocacy groups. I24(C) T4ChairpersonK._The Secretary shall serve as chairperson of the advisory panel. I24(D) T4Application of federal advisory committee actK._The Advisory Panel and any working group established by the Advisory Panel shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). I20(f) T5Ranking SystemK._ I22(1) T4In generalK._The Secretary, in consultation with the Advisory Panel, shall develop a system to rank proposed projects. I22(2) T4PriorityK._The ranking system shall give greater weight to projects that restore natural river processes, including those projects listed in subsection (b)(2). I72SEC. 8005. COMPARABLE PROGRESS. I20(a) T5In GeneralK._As the Secretary conducts pre-engineering, design, and construction for projects authorized under this title, the Secretary shall_ I22(1) select appropriate milestones; and I22(2) determine, at the time of such selection, whether the projects are being carried out at comparable rates. I20(b) T5No Comparable RateK._If the Secretary determines under subsection (a)(2) that projects authorized under this subsection are not moving toward completion at a comparable rate, annual funding requests for the projects shall be adjusted to ensure that the projects move toward completion at a comparable rate in the future. F66514 I35Union Calendar No. G4T494 I41109T4th CONGRESS I421T4st Session I43T2H. R. T42864 I40[Report No. 109ÿ09154] I44 I45A BILL I37To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. I48 I46June 24, 2005 I50Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed