Water Resources Development Act of 2004 - Sets forth provisions providing authorizations for, modifications to, deauthorizations of, and study requirements for inland waterway, port and harbor, flood damage reduction, coastal storm damage reduction, ecosystem restoration, environmental remediation, water storage, water quality, and watershed planning projects or programs throughout the country.
Authorizes the Secretary of the Army to: (1) engage in activities in support of foreign governments; and (2) include individuals from the private sector in Corps of Engineers training classes. Establishes the Corps of Engineers River Stewardship Commission. Directs: (1) the Secretary to establish within the civil works function a Water Resource Planning Council; and (2) the Inspector General of the Army to convene an independent peer review panel.
Directs the Secretary to: (1) carry out ecosystem restoration projects regarding the Upper Mississippi River and Illinois River; (2) develop a system to rank proposed projects; and (3) carry out (over at least a ten-year period) a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River.
Establishes: (1) the Coastal Louisiana Ecosystem Protection and Restoration Task Force; and (2) a Coastal Louisiana Ecosystem Science and Technology Program.
Directs the Secretary to: (1) develop a general management plan for ecosystem restoration of the Upper Connecticut River ecosystem; and (2) complete work on the San Pablo Bay watershed, California.
Modifies provisions regarding the Mississippi River Headwaters Reservoir. Authorizes the Secretary to provide technical assistance to the Secretary of Agriculture to carry out the Conservation Corridor Demonstration Program, Delaware and Maryland. Designates the Division Engineer, North Atlantic Division, of the Corps the ex officio U.S. member under the Susquehanna River Basin Compact and the Delaware River Basin Compact.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2554 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2554
To provide for the consideration and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2004
Mr. Frist (for Mr. Inhofe (for himself, Mr. Jeffords, Mr. Bond, and Mr.
Reid)) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the consideration and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--GENERAL PROVISIONS
Sec. 1001. Credit for in-kind contributions.
Sec. 1002. Interagency and international support authority.
Sec. 1003. Training funds.
Sec. 1004. Recreation user fees.
Sec. 1005. Corps of Engineers River Stewardship Commission.
Sec. 1006. Improvement of water management at Corps of Engineers
reservoirs.
Sec. 1007. Fiscal transparency report.
Sec. 1008. Planning.
Sec. 1009. Water Resources Planning Council.
Sec. 1010. Independent reviews.
Sec. 1011. Fish and wildlife.
TITLE II--NAVIGATION
Subtitle A--Inland Waterways
Chapter 1--Study Authorizations
Sec. 2101. Middle Bass Island State Park, Middle Bass Island, Ohio.
subchapter a--authorizations
Sec. 2121. Deep Creek,subchapter b--modifications
Sec. 2131. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 2132. Larkspur Ferry Channel, California.
Sec. 2133. Redwood city navigation project, California.
Sec. 2134. St. George's Bridge, Delaware.
Sec. 2135. Chicago River, Illinois.
Sec. 2136. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 2137. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 2138. Cooper River bridge demolition, Charleston, South Carolina.
Sec. 2139. Plant Replacement and Improvement Program, Corps of
Engineers Charleston District Equipment and
Storage Yard, South Carolina.
Sec. 2140. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 2141. McNary Lock and Dam, McNary National Wildlife Refuge,
Washington.
Sec. 2142. Marmet Lock, Kanawha River, West Virginia.
Sec. 2143. Navigation capacity improvements.
Sec. 2144. Pilot progsubchapter c--deauthorizations
Sec. 2161. Inland Waterway from Delaware River to Chesapeake Bay, Part
II, installation of fender protection for
bridges, Delaware and Maryland.
Sec. 2162. Mayo's Bar lock and dam, Coosa River, Rome, Georgia.
Sec. 2163. Mississippi River, Muscatine, Iowa.
Sec. 2164. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur,
Louisiana.
Sec. 2165. Eisenhower and Snell locks, New York.
Sec. 2166. Red River Waterway, Shreveport, Louisiana to Daingerfield,
Texas.
Sec. 2167. Schuylkill River, Pennsylvania.
Sec. 2168. Lake of the Pines, Texas.
Sec. 2169. Tennessee Colony Lake, Texas.
Sec. 2170. City Waterway, Tacoma, Washington.
Subtitle B--Ports and Harbors
Chapter 1--Continuing Authorities Programs
Sec. 2211. Small river and harbor improvement projects.
subchapter a--authorizations
Sec. 2221. Akutan Harbor, Akutan, Alaska.
Sec. 2222. Haines Small Boat Harbor, Haines, Alaska.
Sec. 2223. Unalaska Small Boat Harbor, Unalaska, Alaska.
Sec. 2224. Miami Harbor, Miami, Florida.
Sec. 2225. Port of Iberia, Louisiana.
Sec. 2226. Corpus Christi Ship Channel, Corpus Christi, Texas.
Sec. 2227. AIWW--bridgsubchapter b--modifications, Virginia.
Sec. 2241. Sitka, Alaska.
Sec. 2242. LA-3 dredged material ocean disposal site designation,
California.
Sec. 2243. Conditional declaration of nonnavigability, Port of San
Francisco, California.
Sec. 2244. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 2245. Anchorage area, New London Harbor, Connecticut.
Sec. 2246. Norwalk Harbor, Connecticut.
Sec. 2247. Jacksonville Harbor, Florida.
Sec. 2248. Land conveyance, Richard B. Russell dam and lake, Georgia
and South Carolina.
Sec. 2249. Port of Lewiston, Idaho.
Sec. 2250. Chicago River and Harbor, Chicago, Illinois.
Sec. 2251. Camp Ellis, Saco, Maine.
Sec. 2252. Union River, Maine.
Sec. 2253. Duluth Harbor, Minnesota.
Sec. 2254. New York Harbor, New York, New York.
Sec. 2255. Toussant River Navigation Project, Carroll Township, Ohio.
Sec. 2256. Gulf Intracoastal Waterway, Brazos River to Port O'Connor,
Texas.
Sec. 2257. Gulf Intracoastal Waterway, High Island to Brazos River,
Texas.
Sec. 2258. Tangier Island seawall, Virginia.
Sec. 2259. Lower gransubchapter c--deauthorizations
Sec. 2271. Jackson Port, Jackson, Alabama.
Sec. 2272. Bridgeport Harbor, Connecticut.
Sec. 2273. Muscatine Harbor, Iowa.
Sec. 2274. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 2275. Northeast Harbor, Maine.
Sec. 2276. Tenants Harbor, Maine.
Sec. 2277. Grand Haven Harbor, Michigan.
Sec. 2278. Greenville Harbor, Mississippi.
Sec. 2279. New York Harbor and adjacent channels, Claremont Terminal,
Jersey City, New Jersey.
Sec. 2380. Olcott Harbor, Lake Ontario, New York.
Sec. 2381. Outer Harbor, Buffalo, New York.
Sec. 2382. Manteo Bay, North Carolina.
Sec. 2383. Cleveland Harbor 1958 Act, Ohio.
Sec. 2384. Cleveland Harbor 1960 Act, Ohio.
Sec. 2385. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 2386. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 2387. Delaware River, Philadelphia, Pennsylvania to Trenton, New
Jersey.
Sec. 2388. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 2389. Quonset Point-Davisville, Rhode Island.
TITLE III--FLOOD AND COASTAL STORM DAMAGE REDUCTION
Subtitle A--Flood Damage Reduction
Chapter 1--Continuing Authorities Programs
Sec. 3001. Protection and restoration due to emergencies at shores and
streambanks (PRESS).
Chapter 2--Studies
Sec. 3101. Review of St. Helena comprehensive flood protection project,
California.
subchapter a--authorizations
Sec. 3201. Tanque Verde Creek Project, Pima County, Arizona.
Sec. 3202. Hamilton City, California.
Sec. 3203. Middle Creek, Lake County, California.
Sec. 3204. Indian River Lagoon, South Florida.
Sec. 3205. Picayune Strand Ecosystem Restoration, Collier County,
Florida.
Sec. 3206. Swope Park Industrial Area, Missouri.
Sec. 3207. Southwest Vsubchapter b--modificationsico.
Sec. 3211. St. Francis Basin, Arkansas and Missouri.
Sec. 3212. Augusta and Clarendon, Arkansas.
Sec. 3213. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3214. Red-Ouachita River Basin, Arkansas.
Sec. 3215. Cache Creek Basin, California.
Sec. 3216. Llagas Creek, California.
Sec. 3217. Sacramento and American Rivers flood control, California.
Sec. 3218. Upper Guadalupe River, California.
Sec. 3219. Yuba River Basin Project, California.
Sec. 3220. Dworshak Reservoir improvements, Idaho.
Sec. 3221. Cache River Levee, Illinois.
Sec. 3222. Missouri and Illinois flood protection projects
reconstruction pilot program.
Sec. 3223. Spunky Bottom, Illinois.
Sec. 3224. Cumberland, Maryland.
Sec. 3225. Land exchange, Pike County, Missouri.
Sec. 3226. Lake Girard Lake Dam, Ohio.
Sec. 3227. University of Oregon Museum of Natural History, Oregon.
Sec. 3228. Tioga Township, Pennsylvania.
Sec. 3229. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3230. Nonconnah Weir, Memphis, Tennessee.
Sec. 3231. Connecticut River dams, Vermont.
Sec. 3232. Dam remediation, Vermont.
Sec. 3233. Chehalis River, Centralia, Washington.
Sec. 3234. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3235. Lower Mud subchapter c--deauthorizations
Sec. 3241. Little Cove Creek, Glencoe, Alabama.
Sec. 3242. Winslow, Arizona.
Sec. 3243. Goleta and vicinity, California.
Sec. 3244. Shingle Creek Basin, Florida.
Sec. 3245. Brevoort, Indiana.
Sec. 3246. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 3247. Lake George, Hobart, Indiana.
Sec. 3248. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 3249. Eagle Creek Lake, Kentucky.
Sec. 3250. Hazard, Kentucky.
Sec. 3251. Taylorsville Lake, Kentucky.
Sec. 3252. West Kentucky Tributaries, Kentucky.
Sec. 3253. Bayou Cocodrie and Tributaries, Louisiana.
Sec. 3254. Eastern Rapides and South-Central Avoyelles Parishes,
Louisiana.
Sec. 3255. Platte River flood and related streambank erosion control,
Nebraska.
Sec. 3256. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 3257. Hocking River, Logan, Ohio.
Sec. 3258. Fairfield, Ohio.
Sec. 3259. Parker Lake, Muddy Boggy Creek, Oklahoma.
Sec. 3260. Chartiers Creek, Cannonsburg (Houston Reach Unit 2B),
Pennsylvania.
Sec. 3261. Tioga-Hammond Lakes, Pennsylvania.
Sec. 3262. Tamaqua, Pennsylvania.
Sec. 3263. Arroyo Colorado, Texas.
Sec. 3264. Cypress Creek-Structural, Texas.
Sec. 3265. East Fork Channel Improvement, Increment 2, East Fork of the
Trinity River, Texas.
Sec. 3266. Falfurrias, Texas.
Sec. 3267. Pecan Bayou Lake, Texas.
Sec. 3268. Cabin Creek, West Virginia.
Sec. 3269. Kanawha River, Charleston, West Virginia.
Subtitle B--Coastal Storm Damage Reduction
Chapter 1--General Provisions
Sec. 3301. Shore protection and beach renourishment projects.
Sec. 3302. Regional sediment management.
Sec. 3303. America's wetland--Coastal Louisiana ecosystem protection
and restoration.
Chapter 2--Studies
Sec. 3311. Oceanside, California, shoreline special study.
Sec. 3312. Coastal wetland conservation project funding.
subchapter a--authorizations
Sec. 3321. Morganza, Louisiana to the Gulf of Mexico.
Sec. 3322. New Jersey Shore protection, Manasquan Inlet to Barnegat
Inlet, New Jersey.
Sec. 3323. South River, New Jersey.
Sec. 3324. Montauk Poisubchapter b--modifications
Sec. 3331. National shoreline erosion control development and
demonstration program.
Sec. 3332. Imperial Beach, California.
Sec. 3333. Orchard Besubchapter c--deauthorizations
Sec. 3341. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 3342. Maumee Bay, Lake Erie, Ohio.
TITLE IV--ECOSYSTEM RESTORATION AND ENVIRONMENTAL REMEDIATION PROGRAM
Subtitle A--Ecosystem Restoration
Chapter 1--General Provisions
Sec. 4001. Statement of policy.
Sec. 4002. Ecosystem restoration benefits.
Chapter 2--Continuing Authorities Programs
Sec. 4101. Chicago Sanitary and Ship Canal Dispersal Barriers Project,
Illinois.
Sec. 4102. Upper Connecticut River Basin Ecosystem Restoration, New
Hampshire and Vermont.
Sec. 4103. Study of water resource needs and development of a
hydrologic model of the Connecticut River
Basin, Vermont, New Hampshire,
Massachusetts, and Connecticut.
Sec. 4104. Upper Connecticut River Basin Wetland Restoration, New
Hampshire and Vermont.
Sec. 4105. Upper Willamette River Watershed Ecosystem Restoration,
Oregon.
Sec. 4106. Lake Champlain Canal study, Vermont and New York.
Sec. 4107. Lake Champlain Watershed, Vermont and New York.
Sec. 4108. Environmental remediation, Front Royal, Virginia.
Sec. 4109. Restoration of the environment for protection of aquatic and
riparian ecosystems program.
Sec. 4110. Environmental modification of projects for improvement and
restoration of ecosystems program.
Sec. 4111. Projects to enhance estuaries and coastal habitats.
Chapter 3--Study Modifications
Sec. 4201. San Pablo Bay Watershed restoration, California.
subchapter a--authorizations
Sec. 4301. Matilija Dam, Ventura County, California.
Sec. 4302. Napa River Salt Marsh, California.
Sec. 4303. Pine Flat Dam fish and wildlife habitat, California.
Sec. 4304. South Platte River, Denver, Colorado.
Sec. 4305. Smith Island, Maryland.
Sec. 4306. Jamaica Bay, Marine Park and Plumb Beach, Queens and
Brooklyn, New York.
Sec. 4307. Riverside Osubchapter b--modifications
Sec. 4321. Hamilton Airfield, California.
Sec. 4322. Implementation of projects funded by the Southern Nevada
Public Lands Management Act, Lake Tahoe
Basin, California and Nevada.
Sec. 4323. Delmarva Conservation Corridor, Delaware.
Sec. 4324. Allatoona Lake, Georgia.
Sec. 4325. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 4326. Missouri River restoration, North Dakota.
Sec. 4327. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 4328. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat Restoration
Trust Funds, South Dakota.
Sec. 4329. Missouri River restoration.
Sec. 4330. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 4331. Lake Champlain Eurasion Milfoil and water chestnut control,
Vermont.
Sec. 4332. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 4333. Lakes progsubchapter c--deauthorizations
Sec. 4351. Deauthorization of projects.
Sec. 4352. Dog River pilot project, Alabama.
Sec. 4353. Central and southern Florida, Everglades National Park,
Florida.
Subtitle B--Environmental Remediation
Sec. 4401. Remediation of abandoned mine sites.
TITLE V--WATER STORAGE AND WATER QUALITY
Subtitle A--Water Storage Program
Chapter 1--Continuing Authorities Programs
Sec. 5201. Mississippi River headwaters reservoirs.
Sec. 5202. Union Lake, Missouri.
Sec. 5203. Small projects for the rehabilitation or removal of dams.
subchapter a--modifications
Sec. 5301. Duluth Harbor, McQuade Road, Minnesota.
Sec. 5302. Arcadia Lake, Oklahoma.
Sec. 5303. Waurika Lasubchapter b--deauthorizations
Sec. 5321. Big South Fork National River and Recreational Area,
Kentucky and Tennessee.
Sec. 5322. Libby Dam, Montana.
Subtitle B--Water Quality
Chapter 1--General Provisions
Sec. 5401. Funding to expedite the evaluation and processing of
permits.
Chapter 2--Deauthorization Of Projects
Sec. 5421. Bridgeport, Connecticut.
Sec. 5422. Hartford, Connecticut.
Sec. 5423. New Haven, Connecticut.
Sec. 5424. Casco Bay, Portland, Maine.
Sec. 5425. Penobscot River, Bangor, Maine.
Sec. 5426. Saint John River Basin, Maine.
Sec. 5427. Epping, New Hampshire.
Sec. 5428. Manchester, New Hampshire.
Subtitle C--Watershed Planning Program
Sec. 5451. Delmarva Conservation Corridor, Delaware and Maryland.
Sec. 5452. Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 1001. CREDIT FOR IN-KIND CONTRIBUTIONS.
Section 103(j) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(j)) is amended by adding at the end the following:
``(3) Credit for in-kind contributions.--
``(A) In general.--An agreement under paragraph (1)
shall provide that the Secretary shall credit toward
the non-Federal share of the cost of the project
(including a project implemented under general,
continuing authority) the value of in-kind
contributions made by the non-Federal interest,
including--
``(i) the costs of planning (including data
collection), design, management, mitigation,
construction, and construction services that
are provided by the non-Federal interest for
implementation of the project; and
``(ii) the value of materials or services
provided before execution of an agreement for
the project, including--
``(I) efforts on constructed
elements incorporated into the project;
and
``(II) materials and services
provided after an agreement is
executed.
``(B) Condition.--The Secretary shall credit an in-
kind contribution under subparagraph (A) if the
Secretary determines that the property or service
provided as an in-kind contribution is integral to the
project.
``(C) Limitations.--Credit authorized for a
project--
``(i) shall not exceed the non-Federal
share of the cost of the project;
``(ii) shall not alter any other
requirement that a non-Federal interest provide
land, an easement or right-of-way, or an area
for disposal of dredged material for the
project; and
``(iii) shall not exceed the actual and
reasonable costs of the materials, services, or
other things provided by the non-Federal
interest, as determined by the Secretary.''.
SEC. 1002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
(a) Findings.--Congress finds that--
(1) the Corps of Engineers makes a valuable contribution to
the United States by using its talents to support the programs
and interests of--
(A) other Federal agencies;
(B) State, tribal, and local governments;
(C) international organizations; and
(D) friendly foreign countries;
(2) the Corps of Engineers assists those entities in
executing programs in a cost-effective, sustainable manner;
(3) the interagency and international services provided by
the Corps of Engineers--
(A) make a significant contribution to the national
security of the United States by assisting in the
development of secure, stable, and sustainable
economies, governments, and institutions around the
world;
(B) supporting the economic well-being of the
United States; and
(C) protecting the environment in the United
States.
(b) Support Authority.--Section 234 of the Water Resources
Development Act of 1996 (33 U.S.C. 2323a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may engage in activities
(including contracting) in support of other Federal agencies,
international organizations engaged in international activities, or
foreign governments to address problems of national significance to the
United States.'';
(2) in subsection (b), by striking ``Secretary of State''
and inserting ``Department of State''; and
(3) in subsection (d), by striking ``$250,000 for fiscal
year 2001'' and inserting ``$1,000,000 for fiscal year 2005''.
(c) Necessary Services.--The Secretary may provide necessary
services for projects and activities for each of the following
locations:
(1) Lake Wappanoca, Arkansas.
(2) Arkansas Valley Conduit, Colorado.
(3) Egmont Key, Florida.
(4) Wind River Irrigation Project, Wyoming.
SEC. 1003. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals from the
private sector in training classes or courses offered by the Corps of
Engineers in any case in which the Secretary determines that it is in
the best interest of the Federal Government to include those
individuals as participants.
(b) Expenses.--
(1) In general.--An individual from the private sector
attending a training class or course described in subsection
(a) shall pay the full cost of the training provided to the
individual.
(2) Payments.--Payments made for training by an individual
under paragraph (1), up to the actual cost of the training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriation or
account used for paying training costs; and
(C) shall be available for use by the Secretary,
without further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph
(2) that are in excess of the actual cost of training provided
shall be credited as miscellaneous receipts to the Treasury of
the United States.
SEC. 1004. RECREATION USER FEES.
Section 225 of the Water Resources Development Act of 1999 (16
U.S.C. 460l-6a; Public Law 106-53) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``above a
baseline of $34,000,000 per each fiscal year''; and
(B) in paragraph (3), by striking ``September 30,
2005'' and inserting ``expended'';
(2) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(9) planning.'';
(3) in subsection (c)--
(A) by striking ``Each'' and inserting ``Eighty
percent of each''; and
(B) by striking ``project from which the amount,
above baseline,'' and inserting ``District''; and
(4) by adding at the end the following:
``(d) Recreation User Fee Program.--
``(1) In general.--The Secretary shall carry out a
recreation user fee program to attempt to recover from users
the costs of operating and maintaining recreation areas or
sites on project land.
``(2) Admission and user fees.--
``(A) In general.--In carrying out the program, the
Secretary shall charge and collect fees, in an amount
determined under subparagraph (B), for--
``(i) admission to the recreation area or
site by individuals or groups; or
``(ii) the use of outdoor recreation sites,
facilities, visitor centers, equipment, and
services by individuals and groups.
``(B) Amount.--The Secretary shall determine the
amount of fees charged and collected under subparagraph
(A), which, to maximize the recreation benefits of the
projects, shall be based on the fair market value of
the admission or use.
``(C) Contract.--The Secretary may--
``(i) enter into a contract (including a
contract that provides for reasonable
commissions) with any public or private entity
to provide visitor services for the recreation
area or site, including taking reservations and
providing information on the recreation area or
site; and
``(ii) accept the services of volunteers to
collect the fees charged under subparagraph
(A).
``(3) Leases.--
``(A) In general.--The Secretary shall charge and
collect rents for any lease entered into between the
Secretary and a non-Federal entity relating to project
land.
``(B) Term.--A lease entered into under
subparagraph (A)--
``(i) shall be for an initial period of not
more than 25 years; and
``(ii) may be renewed for additional 25-
year terms.
``(C) Termination.--A lease entered into under
subparagraph (A) shall provide that the lease shall be
terminated if the Secretary determines that the project
land subject to the lease has not been used by the non-
Federal entity for recreation or any other purposes
specified in the lease.
``(D) Payments in lieu of taxes.--Land leased to
non-Federal entities for recreational purposes shall be
subject to chapter 69 of title 31, United States Code.
``(4) Other fees.--Fees charged and collected under this
section shall be in lieu of fees charged under any other
provision of law.''.
SEC. 1005. CORPS OF ENGINEERS RIVER STEWARDSHIP COMMISSION.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Corps of
Engineers River Stewardship Commission established under
subsection (b)(1).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Session day.--The term ``session day'' means a day on
which both Houses of Congress are in session.
(b) Establishment of Commission.--
(1) In general.--There is established a commission to be
known as the ``Corps of Engineers River Stewardship
Commission''.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 23 members, consisting of--
(i) 20 members, 5 members appointed by each
of the Majority Leader and Minority Leader of
the Senate and the Speaker and Minority Leader
of the House of Representatives, that--
(I) represent the various interests
of the public; and
(II) include individuals
representing--
(aa) environmental groups;
(bb) the hydroelectric
power industry;
(cc) recreation user
groups;
(dd) flood control
interests;
(ee) navigation interests;
(ff) State governments,
including wildlife and natural
resource agencies;
(gg) Indian tribal
governments; and
(hh) other affected
interests;
(ii) the Administrator of the Environmental
Protection Agency;
(iii) the Assistant Secretary of the Army
for Civil Works; and
(iv) the Director of the United States Fish
and Wildlife Service.
(B) Date of appointments.--The appointment of a
member of the Commission shall be made not later than
90 days after the date of enactment of this Act.
(3) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(5) Meetings.--The Commission shall meet at the call of the
Chairperson.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a
Chairperson and Vice Chairperson from among the members
of the Commission.
(B) No corps representative.--The Chairperson and
the Vice Chairperson shall not be representatives of
the Department of the Army (including the Corps of
Engineers).
(c) Investigation of Corps of Engineers.--Not later than 2 years
after the date of enactment of this Act, the Commission shall complete
an investigation and submit to Congress a report on the management of
rivers in the United States by the Corps of Engineers, with emphasis
on--
(A) compliance with environmental laws in the
design and operation of river management projects,
including--
(i) the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(iv) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(B) compliance with the cultural resource laws that
protect Native American graves, traditional cultural
properties, and Native American sacred sites in the
design and operation of river management projects,
including--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(ii) the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et
seq.);
(iii) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(iv) Executive Order No. 13007 (61 Fed.
Reg. 26771; relating to Indian sacred sites);
(v) identification of opportunities for
developing tribal cooperative management
agreements for erosion control, habitat
restoration, cultural resource protection, and
enforcement;
(vi) review of policy and guidance
concerning nondisclosure of sensitive
information on the character, nature, and
location of traditional cultural properties and
sacred sites; and
(vii) review of the effectiveness of
government-to-government consultation by the
Corps of Engineers with Indian tribes and
members of Indian tribes in cases in which the
river management functions and activities of
the Corps of Engineers affect Indian land and
Native American natural and cultural resources;
(C) the quality and objectivity of scientific,
environmental, and economic analyses by the Corps of
Engineers, including--
(i) the use of independent reviewers of
analyses performed by the Corps of Engineers;
and
(ii) the implementation of recommendations
made by those reviewers;
(D) the extent of coordination and cooperation by
the Corps of Engineers with Federal and State agencies
(such as the United States Fish and Wildlife Service)
and Indian tribes in carrying out river management
responsibilities, including the implementation of any
recommendations of those agencies and Indian tribes;
(E) the extent to which river management studies
conducted by the Corps of Engineers fairly and
effectively balance the goals of public and private
interests, such as wildlife, recreation, navigation,
and hydropower interests;
(F) whether river planning laws (including
regulations) should be amended; and
(G) whether the river management functions of the
Corps of Engineers should be transferred from the
Department of the Army to a Federal civilian agency.
(d) Powers.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal department or agency such information as
the Commission considers necessary to carry out this
section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the
department or agency shall provide the information to
the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or personal property.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the
Commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
Commission.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Commission
may fix the compensation of the executive
director and other personnel without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Commission without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2005 through 2007, to remain available until expended.
(g) Termination of Commission.--The Commission shall terminate on
the date on which the Commission submits the report to Congress under
subsection (c).
SEC. 1006. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF ENGINEERS
RESERVOIRS.
(a) In General.--As part of the operation and maintenance of
reservoirs in existence as of the date of enactment of this Act by the
Corps of Engineers, the Secretary shall carry out measures to more
effectively and efficiently meet the water resource needs of areas
impacted by the reservoirs.
(b) Cooperation.--The Secretary shall carry out the measures in
cooperation and coordination with States, tribal governments, and local
governments.
(c) Measures.--In carrying out this section, the Secretary may--
(1) conduct studies to identify unused or additional water
storage capacity at reservoirs;
(2) review operational plans and implement changes to
improve water storage capacity and delivery to users;
(3) improve data collection systems and forecast models
that enhance storage and delivery; and
(4) conduct sediment studies and implement sediment
management or removal measures.
(d) Revenues.--
(1) In general.--All revenues collected in connection with
reservoirs operated by the Corps of Engineers for navigation,
flood control, or multiple purpose projects, except revenues
collected for the purposes of recreation, shall be credited to
the revolving fund established under section 101 of the Civil
Functions Appropriations Act, 1954 (33 U.S.C. 701b-10).
(2) Availability.--
(A) District from which revenue is received.--
(i) In general.--Subject to clause (ii), 80
percent of the revenue received from each
District of the Corps of Engineers shall be
available for defraying the costs of planning,
operation, maintenance, replacements, and
upgrades of, and emergency expenditures for,
all facilities of the Corps of Engineers
projects within that District.
(ii) Source of payments.--With respect to
each project described in clause (i), costs of
planning, operation, maintenance, replacements,
and upgrades of facilities of the Corps of
Engineers for the project shall be paid from
available revenues received from the project.
(B) Agency-wide.--20 percent of the revenue
received from each District of the Corps of Engineers
shall be available agency-wide for defraying the costs
of planning, operation, maintenance, replacements, and
upgrades of, and emergency expenditures for, all Corps
of Engineers projects.
(e) Hydroelectric Maintenance Fees.--Power marketing administrators
receiving electricity from projects operated by the Corps of Engineers
shall pay 0.22 cents per kilowatt-hour as reimbursement for the
operation and maintenance expense associated with the project for
fiscal years 2005 through 2010.
(f) Study.--On September 1, 2009, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) details the estimated cost of operation and maintenance
associated with hydroelectric facilities; and
(2) recommends an appropriate reimbursement rate calculated
on a per-kilowatt basis.
SEC. 1007. FISCAL TRANSPARENCY REPORT.
(a) In General.--On the third Tuesday of January of each year
beginning January 18, 2005, the Chief on Engineers shall submit to the
Committee on Environment and Public Works of the United States Senate
and the Transportation and Infrastructure Committee of the House of
Representatives a report on the expenditures for the preceding fiscal
year and estimated expenditures for the current fiscal year.
(b) Contents.--In addition to the information described in
subsection (a), the report shall contain a detailed accounting of the
following information:
(1) With respect to general construction, information on--
(A) projects currently under construction,
including--
(i) allocations to date;
(ii) the number of years remaining to
complete construction;
(iii) the estimated annual Federal cost to
maintain that construction schedule; and
(iv) a list of projects the Corps of
Engineers anticipates completing during the
current fiscal year; and
(B) projects for which there is a signed cost-
sharing agreement and completed planning, engineering,
and design, including--
(i) the number of years the project is
expected to require for completion; and
(ii) estimated annual Federal cost to
maintain that construction schedule.
(2) With respect to operation and maintenance of the inland
and intracoastal waterways under section 206 of Public Law 95-
502 (33 U.S.C. 1804)--
(A) the estimated annual cost to maintain each
waterway for the authorized reach and at the authorized
depth; and
(B) the estimated annual cost of operation and
maintenance of locks and dams to ensure navigation
without interruption.
(3) With respect to general investigations and
reconnaissance and feasibility studies--
(A) the number of active studies;
(B) the number of completed studies not yet
authorized for construction;
(C) the number of initiated studies; and
(D) the number of studies expected to be complete
during the fiscal year.
(4) Funding received and estimates of funds to be received
for interagency and international support activities under
section 318(a) of the Water Resources Development Act of 1990
(33 U.S.C. 2323(a)).
(5) Recreation fees and lease payments.
(6) Hydropower and water supply fees.
(7) Deposits into the Inland Waterway Trust Fund and the
Harbor Maintenance Trust Fund.
(8) Other revenues and fees collected.
(9) With respect to permit applications and notifications,
a list of individual permit applications and nationwide permit
notifications, including--
(A) the date each permit application is filed;
(B) the date each permit application is determined
to be complete; and
(C) the date on which the Corps of Engineers
grants, withdraws, or denies each permit.
(10) With respect to the project backlog, a list of
authorized projects for which no funds have been allocated for
the 5 preceding fiscal years, including, for each project--
(A) the authorization date;
(B) the last allocation date;
(C) the percentage of construction completed;
(D) the estimated cost remaining until completion
of the project; and
(E) a brief explanation for the reasons the delay.
SEC. 1008. PLANNING.
(a) Matters To Be Addressed in Planning.--Section 904 of the Water
Resources Development Act of 1986 (33 U.S.C. 2281) is amended by adding
at the end the following: ``The Secretary shall also assess whether the
water resources project and each project increment is cost-effective,
and whether the water resources project complies with local, State, and
national laws, regulations, and public policies.''.
(b) Feasibility Reports.--Section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) is amended--
(1) in subsection (a), by inserting before ``This
subsection shall not apply'' the following: ``The Secretary
shall, in collaboration with the Water Resources Planning
Council, revise the planning guidelines, regulation, and
circulars of the Corps of Engineers not later than 18 months
after the date of enactment and once every 5 years thereafter
to improve the analysis of water resources projects, including
the integration of new and existing analytical techniques that
properly reflect the probability of project benefits and
costs.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost-benefit Analysis.--A feasibility study shall include an
analysis of the benefits and costs, both quantified and unquantified.
This analysis shall--
``(1) identify areas of risk and uncertainty in the
analysis; and
``(2) clearly describe the degree of reliability of the
estimated benefits and costs of the effectiveness of
alternative plans, including an assessment of the credibility
of the project construction schedule as it affects the
estimated benefits and costs;
``(3) identify local, regional, and national economic costs
and benefits;
``(4) identify environmental costs and benefits, including
the costs and benefits of protecting or degrading natural
systems;
``(5) identify social costs and benefits, including a risk
analysis regarding potential loss of life that may result from
flooding and storm damage;
``(6) identify cultural and historical costs and benefits;
``(7) exclude from the estimate of benefits and costs any
increase in direct Federal payments or subsidies; and
``(8) exclude as a benefit--
``(A) any increase in direct Federal payments or
subsidies; and
``(B) any project benefit attributable to any
change in, or intensification of, land use arising from
the draining, reduction, or elimination of wetlands;
and
``(9) apply a discount rate consistent with that used by
other Federal agencies for water resources projects.''.
SEC. 1009. WATER RESOURCES PLANNING COUNCIL.
(a) Establishment.--The Secretary shall establish within civil
works function a Water Resource Planning Council to integrate planning
policies that guide the use of economics, environmental, engineering,
scientific, and technical information to support the recommendations of
the Chief of Engineers for implementation of water resources projects
including peer review of such information. The Council will advise the
Chief of Engineers in addressing the concerns that may be over the
integration of policy and science in decisionmaking. The Water Resource
Planning Council will be comprised of representatives of the following:
(1) Non-Federal sponsors from various water resource
project purposes.
(2) States resource agencies.
(3) Department of Interior.
(4) Department of Agriculture.
(5) Council on Environmental Quality.
(b) Duties.--The Council shall have the following duties:
(1) Providing technical and managerial assistance to
district engineers for project planning, development, and
implementation.
(2) Providing external peer reviews of new major
scientific, engineering, or economic methods, models or
analyses that will be used to support decisions of the
Secretary with respect to feasibility studies.
(3) Performing such other duties as prescribed by the
Secretary.
(c) Water Resources Planning Process Improvements.--The Council
shall--
(1) identify, review, and certify all critical methods,
models and procedures utilized in the Corps of Engineers
planning process to formulate and evaluate water resources
projects;
(2) identify other existing or new methods, models, or
procedures that may enhance the water resources planning
process;
(3) establish a systematic process and define criteria for
evaluating and validating the effectiveness and efficiency of
all methods, models, and procedures;
(4) develop and maintain a set of approved methods, models,
and procedures to be applied to the water resources planning
process across the Corps of Engineers;
(5) develop and maintain effective systems for technology
transfer and support to provide state of the art skills and
knowledge to the workforce;
(6) identify the discrete elements of studies and establish
benchmarks for the resources required to implement elements to
improve the timeliness and effectiveness of the water resources
planning process;
(7) develop and maintain procedures for risk analysis for
estimating projects costs to ensure accurate cost forecasting
and minimize cost overruns; and
(8) assist the Corps of Engineers in accomplishing such
improvements.
(d) Reports to Congress.--
(1) Initial report.--The Council shall provide a report to
Congress 2 years after the date of enactment of this Act that
includes--
(A) the set of approved methods, models, and
procedures to be applied to the water resources
planning process across the Corps of Engineers; and
(B) the benchmarks developed to measure the
timeliness and effectiveness of the water resources
planning process.
(2) Additional reports.--The Council shall provide a report
to congress every 5 years thereafter that describes--
(A) the effectiveness of the water resources
planning process in comparison to the established
benchmarks;
(B) any peer reviewed changes to the methods,
models, and procedures used; and
(C) a discussion of any planned changes to the
established benchmarks, including reasons the changes
are necessary.
(e) Federal Advisory Committee Act.--The Council is not subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section at
full Federal expense.
SEC. 1010. INDEPENDENT REVIEWS.
(a) Peer Review.--Prior to the submission of a project study or
report required to be submitted to Congress for authorization, the
Inspector General of the Army, shall convene an independent peer review
panel, which shall be sufficiently broad and diverse to fairly
represent the relevant scientific perspectives and fields of knowledge.
(b) Membership.--
(1) In general.--A panel shall be composed of not less than
3 nor more than 7 independent peer reviewers.
(2) Peer review.--Peer reviewers shall not be employed by
the Corps of Engineers nor have participated in development of
the work product under review. Peer reviewers shall be selected
on the basis of necessary technical or scientific expertise,
including education and relevant experience, peer recognition,
and contributions to the profession. In addition, the reviewer
must have significant experience in the geographic area or in
the type of ecologic conditions in the area that is being
reviewed. The Inspector General of the Army shall not appoint
an individual to serve on a panel of experts for a project if
the individual has a financial interest in or close
professional association with any entity with a financial
interest in the project. The Inspector General of the Army
shall consult with the Institute for Water Resources, National
Academy of Sciences, American Society of Civil Engineers, and
other appropriate academic, scientific, and engineering
organizations in developing candidates to serve on panels of
experts under this section.
(c) Duties.--A panel of experts established for a water resources
project under this section shall--
(1) review each project study prepared for the project;
(2) assess the adequacy of the economic, scientific, and
environmental models used by the Secretary in reviewing the
project to ensure that--
(A) appropriate and applicable economic and
scientific methods of analysis have been used; and
(B) the best available economic, scientific, and
environmental data have been used; and
(3) address specific technical questions as directed by the
Inspector General of the Army; and
(4) not later than the deadline established under
subsection (h), submit to the Secretary a report concerning the
economic, engineering, and environmental analyses of the
project, including the conclusions of the panel, on areas of
public controversy, with respect to the project study or report
required to be submitted to Congress for authorization.
(d) Support From the Corps of Engineers.--The Corps shall provide
the review panel with sufficient information (including background
information about key studies or models, public written and oral
comments concerning the project) to enable the panel to understand the
data, analytic procedures, and assumptions used to support the key
findings or conclusions of the draft assessment. The Corps of Engineers
shall provide the review panel with any other information requested by
the independent peer review panel.
(e) Public Participation.--The Corps of Engineers shall provide
public written and oral comments received concerning the project to the
independent peer review panel.
(f) Report.--The review panel shall prepare a report that describes
the nature of their review and their findings and conclusions, with
particular emphasis on areas of public controversy with respect to the
study or report requiring Congressional authorization to proceed. The
peer review report shall also disclose the names, organizational
affiliations, and a short paragraph on the credentials and relevant
experiences of each peer reviewer.
(g) Corps of Engineers Response to Report.--
(1) In general.--If the Corps of Engineers receives a
report from a panel of experts under this section by the
applicable deadlines at least 14 days before submitting to
Congress a project study or report required to be submitted to
Congress for authorization, the Secretary shall take into
consideration any recommendations contained in the report.
(2) Response.--The Corps of Engineers shall prepare a
written response to the peer review report explaining--
(A) the Corps of Engineers' agreement or
disagreement;
(B) any changes made to the feasibility study in
response to the report; and
(C) if applicable, the reasons the Corps of
Engineers believes those actions satisfy any key
concerns or recommendations in the report.
(3) Dissemination.--The Corps of Engineers shall
disseminate the final peer review report and its written
statement of response on the Corps of Engineers website, and
all the materials relating to the peer review (review criteria,
peer review report, and agency response) shall be included with
the submission of the Chief of Engineers to Congress of the
study or report requiring congressional authorization.
(h) Deadline for Reports.--
(1) In general.--A panel shall complete its peer review for
a project study and submit the initial report to the Chief of
Engineers within 180 days after the panel received the draft
project study or report. The Inspector General of the Army may
grant a 30-day extension for the panel.
(2) Review not completed.--If any independent peer review
panel does not complete its review of a project study and
submit a report to the Inspector General of the Army on or
before the deadline established by paragraph (1) for the
independent peer review report, the Chief of Engineers may
submit the project study or report required to be submitted to
Congress for authorization that is the subject of review by the
panel to Congress as scheduled.
(i) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any peer
review panel established by the Chief of Engineers under this section.
(j) Savings Clause.--Nothing in this section shall be construed to
affect any authority of the Chief of Engineers to cause or conduct a
peer review of the engineering, science, or technical basis for any
water resources project existing on the date of enactment of this
section.
SEC. 1011. FISH AND WILDLIFE.
(a) Full Mitigation.--Section 906(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(d)) is amended by adding at the
end the following:
``(3) Standards for mitigation.--
``(A) In general.--To mitigate losses to fish and
wildlife resulting from a water resources project, the
Secretary shall, at a minimum, acquire and restore the
same number of equivalent habitat units or similar
measure to replace each habitat unit or similar measure
of habitat for fish and wildlife adversely affected by
the project.
``(B) Mitigation plan.--
``(i) In general.--The specific mitigation
plan for a water resources project under
paragraph (1) shall include, at a minimum--
``(I) the recommended plan to
mitigate the impacts of the project as
identified in paragraph (1), including
sufficient detail to permit a thorough
evaluation of the plan's likelihood of
meeting the success criteria
established in subclause (II);
``(II) specific time-dependent
success criteria, prepared in
consultation with the United States
Fish and Wildlife Service, by which the
mitigation will be evaluated and
determined to be successful, including
the habitat unit replacement described
in subparagraph (A);
``(III) a description, in the Real
Estate Plan, of the land and interests
in land to be used for mitigation and
of the basis for a determination that
land and interests will be available at
the time required;
``(IV) a schedule for--
``(aa) monitoring attempted
mitigation implementation; and
``(bb) evaluating the
degree to which the attempted
mitigation does or does not
meet the success criteria
established for the mitigation
plan under subclause (II) until
attempted mitigation meets the
success criteria; and
``(V) taking corrective actions
where mitigation efforts are not
achieving the success criteria.
``(ii) Cost sharing.--Monitoring under
clause (i)(IV)--
``(I) shall be cost-shared in
accordance with the original
construction project for a maximum of
10 years; and
``(II) after 10 years, shall be 100
percent non-Federal.
``(C) Applicable law.--A time period for mitigation
monitoring or for the implementation and monitoring of
contingency plan actions shall not be subject to the
deadlines described in subsection (b).
``(4) Determination of mitigation success.--
``(A) In general.--Mitigation shall be considered
to be successful at the time at which monitoring
demonstrates that the mitigation has met the success
criteria established in the mitigation plan under
paragraph (3)(B).
``(B) Requirements for success.--To ensure the
success of any attempted mitigation, the Secretary
shall--
``(i) consult annually with the United
States Fish and Wildlife Service on each water
resource project requiring mitigation to
determine whether mitigation monitoring for
that project demonstrates that the project is
achieving, or has achieved, the success
criteria established in the mitigation plan
under paragraph (3); and
``(ii) ensure that implementation of
correction actions be initiated under paragraph
(3)(B)(i)(V) beginning not later than 30 days
after a finding by the Secretary, either alone
or in consultation with the United States Fish
and Wildlife Service, that the original
mitigation efforts likely will not result in,
or have not resulted in, meeting the success
criteria established in the mitigation plan
under paragraph (3)(B).''.
(b) Concurrent Mitigation.--Section 906(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(a)) is amended--
(1) by striking ``(a)(1) In the case'' and inserting the
following:
``(a) Mitigation.--
``(1) In general.--In the case'';
(2) in paragraph (1) (as designated by paragraph (1)), by
striking ``interests--'' and all that follows through
``appropriate,'' and inserting the following: ``interests,
whichever the Secretary determines is appropriate, shall be
undertaken or acquired--
``(A) before any construction of the project (other
than such acquisition) commences; or
``(B) concurrently with the acquisition of land and
interests in land for project purposes (other than
mitigation of fish and wildlife losses);'';
(3) in paragraph (2), by striking ``(2) For the purposes''
and inserting the following:
``(2) Commencement of construction.--For the purpose''; and
(4) by adding at the end the following:
``(3) Implementation.--
``(A) In general.--Except as provided in
subparagraph (B), to ensure concurrent mitigation, the
Secretary shall--
``(i) construct 100 percent of required on-
site mitigation before 50 percent of
construction of a project is completed; and
``(ii) complete required on-site mitigation
as expeditiously as practicable, but not later
than the last day of construction of the
project or separable element of the project.
``(B) Exception for physical impracticability.--In
a case in which the Secretary determines that it is
physically impracticable to meet the requirements of
subparagraph (A), the Secretary shall reserve or
reprogram sufficient funds to ensure that mitigation
implementation is completed as expeditiously as
practicable, but in no case later than the end of the
next fiscal year immediately following the last day of
construction of the project or separable element of the
project.
``(4) Use of funds.--Funds made available for
preconstruction engineering and design, construction, or
operations and maintenance shall be available for use in
carrying out this section.''.
(c) Mitigation Tracking System.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
recordkeeping system to track, for each water resource project
constructed, operated, or maintained by the Secretary and for
each permit issued under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344)--
(A) the quantity and type of wetland and other
habitat types affected by the project, project
operation, or permitted activity;
(B) the quantity and type of mitigation required
for the project, project operation or permitted
activity;
(C) the quantity and type of mitigation that has
been completed for the project, project operation or
permitted activity; and
(D) the status of monitoring for the mitigation
carried out for the project, project operation or
permitted activity.
(2) Required information and organization.--The
recordkeeping system shall--
(A) include information on impacts and mitigation
described in paragraphs (3) and (4) of section 906(d)
of the Water Resources Development Act of 1986 (33
U.S.C. 2283(d)) (as added by subsection (a)) that occur
after December 31, 1986; and
(B) be organized by watershed, project, permit
application, and zip code.
(3) Availability of information.--The Secretary shall make
information contained in the recordkeeping system available to
the public on the Internet.
TITLE II--NAVIGATION
Subtitle A--Inland Waterways
CHAPTER 1--STUDY AUTHORIZATIONS
SEC. 2101. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, OHIO.
The Secretary shall--
(1) study the feasibility of undertaking a project to
provide navigation improvements and shoreline protection and
other related assistance, and to rehabilitate the harbor basin,
including--
(A) entrance breakwaters;
(B) interior shoreline protection;
(C) dredging; and
(D) the development of a public launch ramp
facility for Middle Bass Island, Middle Bass, Ohio; and
(2) if the Secretary determines the project to be feasible,
carry out the project at a total cost of $6,000,000.
CHAPTER 2--PROJECTS
Subchapter A--Authorizations
SEC. 2121. DEEP CREEK, CHESAPEAKE, VIRGINIA.
The Secretary may carry out the project for the Atlantic
Intracoastal Waterway Bridge Replacement, Deep Creek, Chesapeake,
Virginia, as described in the Report of the Chief of Engineers, dated
March 3, 2003, at a total cost of $29,287,000.
Subchapter B--Modifications
SEC. 2131. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
(a) In General.--The Secretary shall construct a new project
management office located in the city of Tuscaloosa, Alabama, at a
location within the vicinity of the city, at full Federal expense.
(b) Transfer of Land and Structures.--The Secretary shall sell,
convey, or otherwise transfer to the city of Tuscaloosa, Alabama, at
fair market value, the land and structures associated with the existing
project management office, if the city agrees to assume full
responsibility for demolition of the existing project management
office.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $32,000,000.
SEC. 2132. LARKSPUR FERRY CHANNEL, CALIFORNIA.
(a) Report.--The project for navigation, Larkspur Ferry Channel,
Larkspur, California, authorized by section 601(d) of the Water
Resources Development Act of 1986 (100 Stat. 4148), is modified to
direct the Secretary to prepare a limited reevaluation report to
determine whether maintenance of the project is feasible.
(b) Authorization of Project.--If the Secretary determines that
maintenance of the project is feasible, the Secretary shall carry out
the maintenance.
SEC. 2133. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.
The Secretary may dredge the Redwood City Navigation Channel,
California, on an annual basis, to maintain the authorized depth of -30
mean lower low water.
SEC. 2134. ST. GEORGE'S BRIDGE, DELAWARE.
Section 102(g) of the Water Resources Development Act of 1990 (104
Stat. 4612) is amended by adding at the end the following: ``The
Secretary shall assume ownership responsibility for the replacement
bridge not later than the date on which the construction of the bridge
is completed and the contractors are released of their responsibility
by the State. Further, the Secretary may not undertake any action to
close or remove the St. George's Bridge, Delaware, without specific
congressional authorization.''
SEC. 2135. CHICAGO RIVER, ILLINOIS.
The Federal navigation channel for the North Branch Channel portion
of the Chicago River authorized by section 22 of the Act of March 3,
1899 (30 Stat. 1156, chapter 425), extending from 100 feet downstream
of the Halsted Street Bridge to 100 feet upstream of the Division
Street Bridge, Chicago, Illinois, is redefined to be no wider than 66
feet.
SEC. 2136. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4142) and modified by
section 4(h) of the Water Resources Development Act of 1988 (102 Stat.
4016), section 102(p) of the Water Resources Development Act of 1990
(104 Stat. 4613), section 301(b)(7) of the Water Resources Development
Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources
Development Act of 2000 (114 Stat. 2604), is further modified--
(1) to permit the purchase of marginal farmland for
reforestation (in addition to the purchase of bottomland
hardwood); and
(2) to incorporate wildlife and forestry management
practices to improve species diversity on mitigation land that
meets habitat goals and objectives of the Corps of Engineers
and the State of Louisiana.
SEC. 2137. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.
(a) In General.--Notwithstanding section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the project
for navigation, Fall River Harbor, Massachusetts and Rhode Island,
authorized by section 101 of the River and Harbor Act of 1968 (82 Stat.
731), shall remain authorized to be carried out by the Secretary,
except that the authorized depth of that portion of the project
extending riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall
River and Somerset, Massachusetts, shall not exceed 35 feet.
(b) Feasibility.--The Secretary shall conduct a study to determine
the feasibility of deepening that portion of the navigation channel of
the navigation project for Fall River Harbor, Massachusetts and Rhode
Island, authorized by section 101 of the River and Harbor Act of 1968
(82 Stat. 731), seaward of the Charles M. Braga, Jr. Memorial Bridge
Fall River and Somerset, Massachusetts.
(c) Limitation.--The project described in subsection (a) shall not
be authorized for construction after the last day of the 5-year period
beginning on the date of enactment of this Act unless, during that
period, funds have been obligated for construction (including planning
and design) of the project.
SEC. 2138. COOPER RIVER BRIDGE DEMOLITION, CHARLESTON, SOUTH CAROLINA.
(a) In General.--The Secretary, at full Federal expense, may carry
out all planning, design, and construction for--
(1) the demolition and removal of the Grace and Pearman
Bridges over the Cooper River, South Carolina; and
(2) using the remnants from that demolition and removal,
the development of an aquatic reef off the shore of South
Carolina.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $39,000,000.
SEC. 2139. PLANT REPLACEMENT AND IMPROVEMENT PROGRAM, CORPS OF
ENGINEERS CHARLESTON DISTRICT EQUIPMENT AND STORAGE YARD,
SOUTH CAROLINA.
(a) In General.--The Secretary may convey or transfer, as part of
the Plant Replacement and Improvement Program, in a direct conveyance
or a land exchange for any suitable property or facilities, the
property of the Corps of Engineers known as the ``Equipment and Storage
Yard,'' located on Meeting Street in Charleston, South Carolina, in as-
is condition for fair market value.
(b) Partial Donation.--As part of a land exchange under subsection
(a), the Secretary may--
(1) accept a partial donation of land if the fair market
value of the Division Engineer, South Atlantic Division is
equal to or exceeds the fair market value of the land to be
transferred by the Secretary under subsection (a); and
(2) execute the deeds of conveyance and accept property,
including any partial donation of land or funds on behalf of
the United States.
(c) Proceeds.--Notwithstanding any requirements that may be
contained in the Plant Replacement and Improvement Program, or balances
in existence under that program as of the date of enactment of this
Act, proceeds from a conveyance under this section, whether by disposal
or land exchange, shall be used for costs for the lease, purchase, or
construction of an office facility within the boundaries of the tri-
county area of Charleston, Berkeley, and Dorchester Counties.
SEC. 2140. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, TENNESSEE.
(a) Release of Retained Rights, Interests, Reservations.--With
respect to land conveyed by the Secretary to the Tennessee Society of
Crippled Children and Adults, Incorporated (commonly known as ``Easter
Seals Tennessee'') at Old Hickory Lock and Dam, Cumberland River,
Tennessee, under section 211 of the Flood Control Act of 1965 (79 Stat.
1087), the reversionary interests and the use restrictions relating to
recreation and camping purposes are extinguished.
(b) Instrument of Release.--As soon as practicable after the date
of enactment of this Act, the Secretary shall execute and file in the
appropriate office a deed of release, amended deed, or other
appropriate instrument effectuating the release of interests required
by paragraph (1).
(c) No Effect on Other Rights.--Nothing in this section affects any
remaining right or interest of the Corps of Engineers with respect to
an authorized purpose of any project.
SEC. 2141. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE,
WASHINGTON.
(a) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the land acquired for the McNary Lock and Dam Project
and managed by the United States Fish and Wildlife Service under
Cooperative Agreement Number DACW68-4-00-13 with the Corps of
Engineers, Walla Walla District, is transferred from the Secretary to
the Secretary of the Interior.
(b) Easements.--The transfer of administrative jurisdiction under
subsection (a) shall be subject to easements in existence as of the
date of enactment of this Act on land subject to the transfer.
(c) Rights of Secretary.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall retain rights described in paragraph (2) with
respect to the land for which administrative jurisdiction is
transferred under subsection (a).
(2) Rights.--The rights of the Secretary referred to in
paragraph (1) are the rights--
(A) to flood land described in subsection (a) to
the standard project flood elevation;
(B) to manipulate the level of the McNary Project
Pool;
(C) to access the land described in subsection (a)
as may be required to install, maintain, and inspect
sediment ranges and carry out similar activities;
(D) to construct and develop wetland, riparian
habitat, or other environmental restoration features
authorized under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) and section
206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330);
(E) to dredge and deposit fill materials; and
(F) to carry out management actions for the purpose
of reducing the take of juvenile salmonids by avian
colonies that inhabit, before, on, or after the date of
enactment of this Act, any island included in the land
described in subsection (a).
(3) Coordination.--Before exercising a right described in
any of subparagraphs (C) through (F) of paragraph (2), the
Secretary shall coordinate the exercise with the United States
Fish and Wildlife Service.
(d) Management.--
(1) In general.--The land described in subsection (a) shall
be managed by the Secretary of the Interior as part of the
McNary National Wildlife Refuge.
(2) Cummins property.--
(A) Retention of credits.--Habitat unit credits
described in the memorandum entitled ``Design
Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE
COMPENSATION PLAN, Wildlife Compensation and Fishing
Access Site Selection, Letter Supplement No. 15, SITE
DEVELOPMENT PLAN FOR THE WALLULA HMU'' provided for the
Lower Snake River Fish and Wildlife Compensation Plan
through development of the parcel of land formerly
known as the ``Cummins property'' shall be retained by
the Secretary despite any changes in management of the
parcel on or after the date of enactment of this Act.
(B) Site development plan.--The United States Fish
and Wildlife Service shall obtain prior approval of the
Washington State Department of Fish and Wildlife for
any change to the previously approved site development
plan for the parcel of land formerly known as the
``Cummins property''.
(3) Madame dorian recreation area.--The United States Fish
and Wildlife Service shall continue operation of the Madame
Dorian Recreation Area for public use and boater access.
(e) Administrative Costs.--The United States Fish and Wildlife
Service shall be responsible for all survey, environmental compliance,
and other administrative costs required to implement the transfer of
administrative jurisdiction under subsection (a).
(f) Snake River Project, Oregon and Washington.--The Fish and
Wildlife Compensation Plan for the Lower Snake River, Washington and
Idaho, as authorized by section 101 of the Water Resources Development
Act of 1976 (90 Stat. 2921), is amended to authorize the Secretary to
conduct studies and implement aquatic and riparian ecosystem
restorations and improvements specifically for fisheries and wildlife
for the land described in subsection (a).
SEC. 2142. MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.
Section 101(a)(31) of the Water Resources Development Act of 1996
(110 Stat. 3666), is amended by striking ``$229,581,000'' and inserting
``$358,000,000''.
SEC. 2143. NAVIGATION CAPACITY IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Plan.--The term ``Plan'' means the preferred integrated
plan contained in the document entitled ``Integrated
Feasibility Report and Programmatic Environmental Impact
Statement for the UMR-IWW System Navigation Feasibility
System'' and dated April 29, 2004.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to
Upper St. Anthony Falls Lock in Minneapolis-St. Paul,
Minnesota, River Mile 854.0; and
(B) the Illinois Waterway from its confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
(b) Authorization of Construction of Navigation Improvements.--
(1) Small scale and nonstructural measures.--At a cost of
$24,000,000 in funds from the general fund of the Treasury, to
be matched in an equal amount from the Inland Waterways Trust
Fund (which is paid by private users), the Secretary shall--
(A) construct mooring facilities at Locks 12, 14,
18, 20, 22, 24, and LaGrange Lock;
(B) provide switchboats at Locks 20 through 25 over
5 years for project operation; and
(C) conduct development and testing of an
appointment scheduling system.
(2) New locks.--At a cost of $730,000,000 in funds from the
general fund of the Treasury, with an equal matching amount
provided from the Inland Waterways Trust Fund (which is paid by
the private users), 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.
(3) Mitigation.--At a cost of $100,000,000 in funds from
the general fund of the Treasury, with an equal matching amount
provided from the Inland Waterway Trust Fund (which is paid by
private users), the Secretary shall conduct mitigation for new
locks and small scale and nonstructural measures authorized
under paragraphs (1) and (2).
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall, consistent with requirements to
avoid any adverse effects on navigation, modify the operation
of the Upper Mississippi River and Illinois Waterway System to
address the cumulative environmental impacts of operation of
the system and improve the ecological integrity of the Upper
Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall, consistent
with requirements to avoid any adverse effects on
navigation, carry out ecosystem restoration projects to
attain and maintain the sustainability of the ecosystem
of the Upper Mississippi River and Illinois River in
accordance with the general framework outlined in the
Plan.
(B) Projects included.--Ecosystem restoration
projects may include--
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
(iv) water level management (including
water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration and
modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for
environmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway, dam, and levee
modification to benefit the environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) Cost sharing.--
(i) In general.--Except as provided in
subclause (II), the Federal share of the cost
of carrying out an ecosystem restoration
project under this paragraph shall be 65
percent.
(ii) Exception for certain restoration
projects.--In the case of a project under this
subparagraph for ecosystem restoration, the
Federal share of the cost of carrying out the
project shall be 100 percent if the project--
(I) is located below the ordinary
high water mark or in a connected
backwater;
(II) modifies the operation or
structures for navigation; or
(III) is located on federally owned
land.
(iii) Nongovernmental organizations.--
Nongovernmental organizations shall be eligible
to contribute the non-Federal cost-sharing
requirements applicable to projects under this
subparagraph.
(D) Land acquisition.--The Secretary may acquire
land or an interest in land for an ecosystem
restoration project from a willing owner through
conveyance of--
(i) fee title to the land; or
(ii) a flood plain conservation easement.
(3) Specific projects authorization.--
(A) In general.--Subject to subparagraph (A), the
ecosystem restoration projects described in paragraph
(2) shall be carried out at a total construction cost
of $1,460,000,000.
(B) Limitation on available funds.--Of the amounts
made available under subparagraph (A), not more than
$35,000,000 for each fiscal year shall be available for
land acquisition under paragraph (2)(D).
(4) Implementation reports.--
(A) In general.--Not later than June 30, 2005, 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--
(i) includes baselines, benchmarks, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting the
goals.
(B) Advisory panel.--
(i) In general.--The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the development
of each implementation report under
subparagraph (A).
(ii) Panelists.--Panelists shall include--
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin;
(II) 1 representative of the
Department of Agriculture;
(III) 1 representative of the
Department of Transportation;
(IV) 1 representative of the United
States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the
Environmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of
conservation and environmental advocacy
groups; and
(IX) 2 representatives of
agriculture and industry advocacy
groups.
(iii) Co-chairpersons.--The Secretary and
the Secretary of the Interior shall serve as
co-chairpersons of the advisory panel.
(5) Ranking system.--
(A) In general.--The Secretary, in consultation
with the National Academy of Sciences, shall develop a
system to rank proposed projects.
(B) Priority.--The ranking system shall give
greater weight to projects that restore natural river
processes, including those projects listed in paragraph
(2)(B).
(d) Comparable Progress.--
(1) In general.--As the projects authorized under this
subsection move through preengineering, design, and
construction phases--
(A) appropriate milestones will be selected; and
(B) at that time of selection, a determination will
be made as to whether the projects are being carried
out at comparable rates.
(2) No comparable rate.--If it is determined under
paragraph (1)(B) that projects authorized under this subsection
are not moving toward completion at a comparable rate, annual
funding for the projects will be adjusted to ensure that the
projects move toward completion at a comparable rate in the
future.
(e) Authorization of Appropriations.--Except as otherwise provided
in this section--
(1) there are authorized to be appropriated such sums as
are necessary to carry out this subsection for fiscal years
2006 through 2020; and
(2) after fiscal year 2020--
(A) funds that have been made available under this
section, but have not been expended, may be expended;
and
(B) funds that have been authorized to be
appropriated under this section, but have not been made
available, may be made available.
SEC. 2144. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.
(a) In General.--In accordance with the project for navigation,
Mississippi River between the Ohio and Missouri Rivers (Regulating
Works), Missouri and Illinois, authorized by the Act of June 25, 1910
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47)
(commonly known as the ``River and Harbor Act of 1927''), and the Act
of July 3, 1930 (46 Stat. 918), the Secretary shall carry out over at
least a 10-year period a pilot program to restore and protect fish and
wildlife habitat in the middle Mississippi River.
(b) Authorized Activities.--
(1) In general.--As part of the pilot program carried out
under subsection (a), the Secretary shall conduct any
activities that are necessary to improve navigation through the
project referred to in subsection (a) while restoring and
protecting fish and wildlife habitat in the middle Mississippi
River system.
(2) Inclusions.--Activities authorized under paragraph (1)
shall include--
(A) the modification of navigation training
structures;
(B) the modification and creation of side channels;
(C) the modification and creation of islands;
(D) any studies and analysis necessary to develop
adaptive management principles;
(E) the acquisition from a willing seller of any
land associated with a riparian corridor needed to
carry out the goals of the pilot program.
(c) Cost-Sharing Requirement.--The cost-sharing requirement
required under the Act of June 25, 1910 (36 Stat. 631, chapter 382)
(commonly known as the ``River and Harbor Act of 1910''), the Act of
January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the
``River and Harbor Act of 1927''), and the Act of July 3, 1930 (46
Stat. 918), for the project referred to in subsection (a) shall apply
to any activities carried out under this section.
Subchapter C--Deauthorizations
SEC. 2161. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE BAY, PART
II, INSTALLATION OF FENDER PROTECTION FOR BRIDGES,
DELAWARE AND MARYLAND.
The project for the construction of bridge fenders for the Summit
and St. Georges Bridge for the Inland Waterway of the Delaware River to
the C & D Canal of the Chesapeake Bay authorized by the River and
Harbor Act of 1954 (68 Stat. 1249) is not authorized.
SEC. 2162. MAYO'S BAR LOCK AND DAM, COOSA RIVER, ROME, GEORGIA.
The project for navigation, Mayo's Bar Lock and Dam, Coosa River,
Rome, Georgia, authorized by section 528 of the Water Resources
Development Act of 1999 (113 Stat. 347) is not authorized.
SEC. 2163. MISSISSIPPI RIVER, MUSCATINE, IOWA.
The Mississippi River project at Muscatine, Iowa, authorized by
section 101 of the River and Harbor Act of 1950 (64 Stat. 166) is not
authorized.
SEC. 2164. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF MENTEUR,
LOUISIANA.
The project for the construction of bulkheads and jetties at Lake
Borgne and Chef Menteur, Louisiana, as part of the Gulf Intercoastal
Waterway authorized by the first section of the River and Harbor Act of
1946 (60 Stat. 635) is not authorized.
SEC. 2165. EISENHOWER AND SNELL LOCKS, NEW YORK.
The project for navigation, Eisenhower and Snell Locks, New York,
authorized by section 1163 of the Water Resources Development Act of
1986 (100 Stat. 4258) is not authorized.
SEC. 2166. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO DAINGERFIELD,
TEXAS.
The project for the Red River Waterway, Shreveport, Louisiana to
Daingerfield, Texas, authorized by section 101 of the River and Harbor
Act of 1968 (82 Stat. 731) is not authorized.
SEC. 2167. SCHUYLKILL RIVER, PENNSYLVANIA.
The project for navigation, Schuylkill River (Mouth to Penrose
Avenue), Pennsylvania, authorized by the section 344 of the Water
Resources Development Act of 1996 (110 Stat. 3722) is not authorized.
SEC. 2168. LAKE OF THE PINES, TEXAS.
The project for navigation improvements affecting Lake of the
Pines, Texas, for the portion of the Red River below Fulton, Arkansas,
is not authorized.
SEC. 2169. TENNESSEE COLONY LAKE, TEXAS.
The project for navigation, Tennessee Colony Lake, Trinity River,
Texas, authorized by section 204 of the River and Harbor Act of 1965
(79 Stat. 1091) is not authorized.
SEC. 2170. CITY WATERWAY, TACOMA, WASHINGTON.
The portion of the project for navigation, City Waterway, Tacoma,
Washington, authorized by the first section of the Act of June 13, 1902
(32 Stat. 347), consisting of the last 1,000 linear feet of the inner
portion of the Waterway beginning at Station 70+00 and ending at
Station 80+00, is not authorized.
Subtitle B--Ports and Harbors
CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS
SEC. 2211. SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.
Section 107(b) of the River and Harbor Act of 1960 (33 U.S.C.
577(b)) is amended by striking ``$4,000,000'' and inserting
``$7,000,000''.
CHAPTER 2--PROJECTS
Subchapter A--Authorizations
SEC. 2221. AKUTAN HARBOR, AKUTAN, ALASKA.
The Secretary may carry out the Akutan Small Boat Harbor project
for navigation, Akutan, Alaska, at a total estimated cost of
$19,013,000, with an estimated Federal cost of $9,185,000 and an
estimated non-Federal cost of $9,828,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, if a favorable final report of the
Chief for the project is completed not later than December 31, 2004.
SEC. 2222. HAINES SMALL BOAT HARBOR, HAINES, ALASKA.
The Secretary may carry out the Haines Small Boat Harbor project
for navigation, Haines, Alaska, at a total estimated cost of
$21,410,000, with an estimated Federal cost of $9,590,000 and an
estimated non-Federal cost of $11,820,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, if a favorable final report of the
Chief for the project is completed not later than December 31, 2004.
SEC. 2223. UNALASKA SMALL BOAT HARBOR, UNALASKA, ALASKA.
The Secretary may carry out the Unalaska Small Boat Harbor project
for navigation, Unalaska, Alaska, at a total estimated cost of
$23,200,000, with an estimated Federal cost of $11,500,000 and an
estimated non-Federal cost of $11,700,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, if a favorable final report of the
Chief for the project is completed not later than December 31, 2004.
SEC. 2224. MIAMI HARBOR, MIAMI, FLORIDA.
The Secretary may carry out the Miami Harbor, Florida, project for
navigation, Miami, Florida, at a total estimated cost of $157,310,000,
with an estimated Federal cost of $63,728,000 and an estimated non-
Federal cost of $93,582,000, substantially in accordance with the
plans, and subject to the conditions, recommended in a final report of
the Chief of Engineers, if a favorable final report of the Chief for
the project is completed not later than December 31, 2004.
SEC. 2225. PORT OF IBERIA, LOUISIANA.
The Secretary may carry out the project for navigation, Port of
Iberia, Louisiana, at a total cost of $165,000,000, with an estimated
Federal cost of $132,000,000 and an estimated non-Federal cost of
$33,000,000, and at an estimated average annual Federal cost of
$75,000,000 for periodic nourishment over the 50-year life of the
project, substantially in accordance with the feasibility report and
environmental impact statement for the project, and subject to the
conditions recommended in a final report of the Chief of Engineers, if
a favorable final report of the Chief is completed by December 31,
2004.
SEC. 2226. CORPUS CHRISTI SHIP CHANNEL, CORPUS CHRISTI, TEXAS.
The Secretary may carry out the project for navigation and
environmental restoration, Corpus Christi Ship Channel, Texas,
substantially in accordance with the plans, and subject to the
conditions, described in the report entitled ``Channel Improvement
Project: Report of the Chief of Engineers'', dated June 2, 2003, at a
total cost of $153,808,000, with an estimated Federal cost of
$73,554,000 and an estimated non-Federal cost of $80,254,000.
SEC. 2227. AIWW--BRIDGE REPLACEMENT AT DEEP CREEK, VIRGINIA.
The Secretary may construct the Atlantic Intracoastal Waterway
bridge replacement at Deep Creek, Virginia, in accordance with the
recommendations of the Report of the Chief of Engineers dated March 3,
2003, at a total cost of $32,048,000, at full Federal expense.
Subchapter B--Modifications
SEC. 2241. SITKA, ALASKA.
The Thompson Harbor, Sitka, Alaska, element of the project for
navigation, Southeast Alaska Harbors of Refuge, Alaska, authorized by
section 101 of the Water Resources Development Act of 1992 (106 Stat.
4801), is modified to direct the Secretary to take such action as is
necessary to correct design deficiencies in the element, at a Federal
cost of $6,300,000.
SEC. 2242. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION,
CALIFORNIA.
Section 102(c)(4) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in the third
sentence by striking ``January 1, 2003'' and inserting ``January 1,
2006''.
SEC. 2243. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT OF SAN
FRANCISCO, CALIFORNIA.
(a) Conditional Declaration of Nonnavigability.--If the Secretary
determines, in consultation with appropriate Federal and non-Federal
entities, that projects proposed to be carried out by non-Federal
entities within the portions of the San Francisco, California,
waterfront described in subsection (b) are not in the public interest,
the portions shall be declared not to be navigable water of the United
States for the purposes of section 9 of the Act of March 3, 1899 (33
U.S.C. 401) and the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
(b) Portions of Waterfront.--The portions of the San Francisco,
California, waterfront referred to in subsection (a) are those that
are, or will be, bulkheaded, filled, or otherwise occupied by permanent
structures and that are located as follows: beginning at the
intersection of the northeasterly prolongation of the portion of the
northwesterly line of Bryant Street lying between Beale Street and Main
Street with the southwesterly line of Spear Street, which intersection
lies on the line of jurisdiction of the San Francisco Port Commission;
following thence southerly along said line of jurisdiction as described
in the State of California Harbor and Navigation Code Section 1770, as
amended in 1961, to its intersection with the easterly line of Townsend
Street along a line that is parallel and distant 10 feet from the
existing southern boundary of Pier 40 to its point of intersection with
the United States Government pier-head line; thence northerly along
said pier-head line to its intersection with a line parallel with, and
distant 10 feet easterly from, the existing easterly boundary line of
Pier 30-32; thence northerly along said parallel line and its northerly
prolongation, to a point of intersection with a line parallel with, and
distant 10 feet northerly from, the existing northerly boundary of Pier
30-32, thence westerly along last said parallel line to its
intersection with the United States Government pier-head line; to the
northwesterly line of Bryan Street northwesterly; thence southwesterly
along said northwesterly line of Bryant Street to the point of
beginning.
(c) Requirement That Area Be Improved.--If, by the date that is 20
years after the date of enactment of this Act, any portion of the San
Francisco, California, waterfront described in subsection (b) has not
been bulkheaded, filled, or otherwise occupied by 1 or more permanent
structures, or if work in connection with any activity carried out
pursuant to applicable Federal law requiring a permit, including
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401), is not
commenced by the date that is 5 years after the date of issuance of
such a permit, the declaration of nonnavigability for the portion under
this section shall cease to be effective.
SEC. 2244. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR,
CONNECTICUT.
The western breakwater for the project for navigation, New Haven
Harbor, Connecticut, authorized by the first section of the Act of
September 19, 1890 (26 Stat. 426), shall be known and designated as the
``Charles Hervey Townshend Breakwater''.
SEC. 2245. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.
(a) In General.--The portion of the project for navigation, New
London Harbor, Connecticut, authorized by the Act of June 13, 1902 (32
Stat. 333), that consists of a 23-foot waterfront channel described in
subsection (b), is redesignated as an anchorage area.
(b) Description of Channel.--The channel referred to in subsection
(a) may be described as beginning at a point along the western limit of
the existing project, N. 188, 802.75, E. 779, 462.81, thence running
northeasterly about 1,373.88 feet to a point N. 189, 554.87, E. 780,
612.53, thence running southeasterly about 439.54 feet to a point N.
189, 319.88, E. 780, 983.98, thence running southwesterly about 831.58
feet to a point N. 188, 864.63, E. 780, 288.08, thence running
southeasterly about 567.39 feet to a point N. 188, 301.88, E. 780,
360.49, thence running northwesterly about 1,027.96 feet to the point
of origin, is redesignated as an anchorage area.
SEC. 2246. NORWALK HARBOR, CONNECTICUT.
(a) In General.--The portions of a 10-foot channel of the project
for navigation, Norwalk Harbor, Connecticut, authorized by the first
section of the Act of March 2, 1919 (40 Stat. 1276) and described in
subsection (b), are not authorized.
(b) Description of Portions.--The portions of the channel referred
to in subsection (a) are as follows:
(1) Rectangular portion.--An approximately rectangular-
shaped section along the northwesterly terminus of the channel.
The section is 35-feet wide and about 460-feet long and is
further described as follows: Commencing at a point N.
104,165.85, E. 417,662.71, thence running south 24 deg.0655"
E. 395.00 feet to a point N. 103,805.32, E. 417,824.10, thence
running south 00 deg.3806" E. 87.84 feet to a point N.
103,717.49, E. 417,825.07, thence running north 24 deg.0655"
W. 480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence
running north 73 deg.0525" E. 35.28 feet to the point of
origin.
(2) Parallelogram-shaped portion.--An area having the
approximate shape of a parallelogram along the northeasterly
portion of the channel, southeast of the area described in
paragraph (1), approxmately 20 feet wide and 260 feet long, and
further described as follows: Commencing at a point N.
103,855.48, E. 417,849.99, thence running south 33 deg.0730"
E. 133.40 feet to a point N. 103,743.76, E. 417,922.89, thence
running south 24 deg.0704" E. 127.75 feet to a point N.
103,627.16, E. 417,975.09, thence running north 33 deg.0730"
W. 190.00 feet to a point N. 103,786.28, E. 417,871.26, thence
running north 17 deg.0515" W. 72.39 feet to the point of
origin.
(c) Modification.--The 10-foot channel portion of the Norwalk
Harbor, Connecticut navigation project described in subsection (a) is
modified to authorize the Secretary to realign the channel to include,
immediately north of the area described in subsection (b), a triangular
section described as commencing at a point N. 103,968.35, E.
417,815.29, thence running S. 17 deg.0515" east 118.09 feet to a point
N. 103,855.48, E. 417,849.99, thence running N. 33 deg.0730" west
36.76 feet to a point N. 103,886.27, E. 417,829.90, thence running N.
10 deg.05 26" west 83.37 feet to the point of origin.
SEC. 2247. JACKSONVILLE HARBOR, FLORIDA.
The project for navigation, Jacksonville Harbor, Florida,
authorized by section 101(a)(17) of the Water Resources Development Act
of 1999 (113 Stat. 276), is modified to authorize the Secretary to
extend the navigation features in accordance with the Report of the
Chief of Engineers, dated July 22, 2003, at an additional total cost of
$14, 658,000, with an estimated Federal cost of $9,636,000 and an
estimated non-Federal cost of $5,022,000.
SEC. 2248. LAND CONVEYANCE, RICHARD B. RUSSELL DAM AND LAKE, GEORGIA
AND SOUTH CAROLINA.
(a) In General.--The Secretary may convey as a transfer or
exchange, or both, by quitclaim deed to the State of South Carolina all
right, title, and interest of the United States in and to the parcels
of land described in subsection (b)(1) that are being managed as of the
date of the enactment of this Act by the South Carolina Department of
Commerce for public recreation purposes for the Richard B. Russell Dam
and Lake, South Carolina, project authorized by section 203 of the
Flood Control Act of 1966 (80 Stat. 1420).
(b) Land Description.--
(1) In general.--The parcels of land to be conveyed are the
portion of land described in Army Lease No. DACW21-1-92-0500
that is determined by the survey conducted under paragraph (3).
(2) Land retained by united states.--The United States
shall retain ownership of land included in the Lease described
in paragraph (1) that is determined by the Secretary to be
required for authorized project purposes, including right-of-
way easements to remaining Federal land.
(3) Survey.--The exact acreage and legal description of the
land to be conveyed shall be determined by a survey
satisfactory to the Secretary, with the cost of the survey
borne by the State.
(c) Terms and Conditions.--
(1) In general.--The Secretary may require that the
conveyance under this section be subject to such terms and
conditions as the Secretary considers appropriate and necessary
to protect the interests of the United States, including the
terms and conditions prescribed by this subsection.
(2) Consideration; use of proceeds.--
(A) Consideration.--Fair market value
consideration, as determined by the United States,
shall be paid by the State for any land included in the
conveyance under this section.
(B) Use of proceeds.--Any monetary proceeds
received from the conveyance may be used by the Corps
of Engineers, Savannah District, for any authorized
activities for the Richard B. Russell Dam and Lake
project.
(3) Management policy.--The Corps of Engineers Shoreline
Management Policy (ER-1130-2-406) shall not be changed or
altered for the proposed development.
(4) NEPA.--In carrying out this section, the Secretary and
State shall comply with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) (including public review) and
other applicable Federal law.
(5) Cost sharing.--The Secretary and State shall share the
cost of carrying out this section in accordance with the cost
sharing agreement between the State and the Secretary in effect
on the date of enactment of this Act.
(6) Management.--The State shall manage land conveyed under
this section in accordance with the terms and conditions of
Army Lease No. DACW21-1-92-0500 that apply to land not conveyed
under this section.
(7) Recreation demands analysis.--Any conveyance under this
section shall be supported by an updated recreation demands
analysis, as determined by the Secretary.
(d) Costs of Conveyance.--
(1) In general.--The State shall be responsible for all
costs (including real estate transaction and environmental
compliance costs) associated with the conveyance.
(2) Administrative expenses.--As determined appropriate by
the Secretary, the State may, in lieu of administrative expense
compensation to the United States, perform certain
environmental or real estate actions associated with this
conveyance, if the actions are performed in close coordination
and to the satisfaction of the United States.
(e) Liability.--The State shall hold the United States harmless
from any liability with respect to activities carried out, on or after
the date of the conveyance, on land conveyed under this section.
SEC. 2249. PORT OF LEWISTON, IDAHO.
(a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to property covered by each deed described
in subsection (b)--
(1) the reversionary interests and use restrictions
relating to industrial use purposes are extinguished;
(2) the restriction that no activity shall be permitted
that will compete with services and facilities offered by
public marinas is extinguished;
(3) the human habitation or other building structure use
restriction is extinguished in each area in which the elevation
is above the standard project flood elevation; and
(4) the use of fill material to raise low areas above the
standard project flood elevation is authorized, except in any
low area constituting wetland for which a permit under section
404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)
is required.
(b) Deeds.--The deeds referred to in subsection (a) are as follows:
(1) Auditor's Instrument No. 399218 of Nez Perce County,
Idaho, 2.07 acres.
(2) Auditor's Instrument No. 487437 of Nez Perce County,
Idaho, 7.32 acres.
(c) No Effect on Other Rights.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes with respect to property covered by deeds described in
subsection (b).
SEC. 2250. CHICAGO RIVER AND HARBOR, CHICAGO, ILLINOIS.
(a) Deauthorization.--As of the date of enactment of this Act, the
portions of the projects for navigation, Chicago River and Chicago
Harbor, Chicago, Illinois, authorized by the Act of March 3, 1899 (30
Stat. 1129), extending 50 feet riverward of the existing dock wall on
the south side of the channel from Lake Street to Franklin Street and
25 feet riverward of the existing dock wall on the south side of the
channel from Franklin Street to Wabash Avenue, and those areas within
20 feet of the bridge abutments on the south side of the channel for
the length of the protection bridge piers from the Franklin Street
Bridge to the Michigan Avenue Bridge, are not authorized.
(b) Modification.--The projects for navigation, Chicago River and
Chicago Harbor, referred to in subsection (a) are modified to direct
the Secretary to redefine the Federal navigation channel for the North
Branch Canal portion extending from 100 feet downstream of the Halsted
Street Bridge to 100 feet upstream of the Division Street Bridge to be
not wider than 66 feet.
SEC. 2251. CAMP ELLIS, SACO, MAINE.
The maximum amount of Federal funds that may be expended for the
project being carried out under section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i) for the mitigation of shore damages
attributable to the project for navigation, Camp Ellis, Saco, Maine,
shall be $20,000,000.
SEC. 2252. UNION RIVER, MAINE.
The project for navigation, Union River, Maine, authorized by the
first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314),
is modified by redesignating as an anchorage area that portion of the
project consisting of a 6-foot turning basin and lying northerly of a
line commencing at a point N. 315,975.13, E. 1,004,424.86, thence
running N. 61 deg. 27 20.71" W. about 132.34 feet to a point N.
316,038.37, E. 1,004,308.61.
SEC. 2253. DULUTH HARBOR, MINNESOTA.
(a) In General.--Notwithstanding the cost limitation described in
section 107(b) of the River and Harbor Act of 1960 (33 U.S.C. 577(b)),
the Secretary shall carry out the project for navigation, Duluth
Harbor, Minnesota, pursuant to the authority provided under that
section at a total Federal cost of $9,000,000.
(b) Public Access and Recreational Facilities.--Section 321 of the
Water Resources Development Act of 2000 (114 Stat. 2605) is amended by
inserting ``, and to provide public access and recreational
facilities'' after ``including any required bridge construction''.
SEC. 2254. NEW YORK HARBOR, NEW YORK, NEW YORK.
Section 101(a)(2) of the Water Resources Development Act of 2000
(114 Stat. 2576) is amended by adding at the end the following:
``(C) Temporary dredged material storage
facility.--
``(i) In general.--The Secretary may permit
the non-Federal interest to construct a
temporary dredged material storage facility to
receive dredged material from the project if--
``(I) at least 180 days before the
date of selection of the final site for
the project, the non-Federal interest
submits, in writing, a list of
potential sites for the temporary
storage facility to the Committee on
Environment and Public Works of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives; and
``(II) at least 70 percent of the
dredged material generated in
connection with the project that is
suitable for beneficial reuse will be
used at sites in the State of New
Jersey (to the extent that there are
sufficient sites available).
``(ii) Credit.--The Secretary shall credit
toward the non-Federal share of the cost of the
project the cost of construction of a temporary
storage facility under clause (i) if the
Secretary determines that the temporary storage
facility is integral to the project.''.
SEC. 2255. TOUSSANT RIVER NAVIGATION PROJECT, CARROLL TOWNSHIP, OHIO.
Increased operation and maintenance activities for the Toussaint
River Federal Navigation Project, Carroll Township, Ohio, that are
carried out in accordance with section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577) and relate directly to the presence of
unexploded ordnance, shall be carried out at full Federal expense.
SEC. 2256. GULF INTRACOASTAL WATERWAY, BRAZOS RIVER TO PORT O'CONNOR,
TEXAS.
The project for navigation, Gulf Intracoastal Waterway, Sabine
River to Corpus Christi, Texas, authorized by the first section of the
Act of March 3, 1925 (43 Stat. 1186, chapter 467) (commonly known as
the ``River and Harbor Act of 1925''), and the first section of the Act
of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the
``River and Harbor Act of 1927''), is modified further to authorize the
Secretary to construct the realignment of a portion of the channel from
approximately channel mile 454 to approximately channel mile 473,
Matagorda Bay, Gulf Intracoastal Waterway, Texas, to provide for safer
navigation, substantially in accordance with the recommendations of the
Report of the Chief of Engineers, GIWW, Brazos River to Port O'Connor,
Matagorda Bay Reroute, Texas, dated December 24, 2002, at a total cost
of $14,515,000, with a first Federal cost of $14,515,000.
SEC. 2257. GULF INTRACOASTAL WATERWAY, HIGH ISLAND TO BRAZOS RIVER,
TEXAS.
The project for navigation, Gulf Intracoastal Waterway, Sabine
River to Corpus Christi, Texas, authorized by the first section of the
Act of March 3, 1925 (43 Stat. 1186, chapter 467) (commonly known as
the ``River and Harbor Act of 1925''), and the first section of the Act
of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the
``River and Harbor Act of 1927''), is modified further to authorize the
Secretary to construct the realignment of the portion of the channel
from High Island to Brazos River, Texas, substantially in accordance
with the recommendations of the Report of the Chief of Engineers, dated
April 16, 2004, at a total cost of $12,236,000, with a first Federal
cost of $12,236,000.
SEC. 2258. TANGIER ISLAND SEAWALL, VIRGINIA.
Section 577(a) of the Water Resources Development Act of 1996 (110
Stat. 3789) is amended by striking ``at a total cost of $1,200,000,
with an estimated Federal cost of $900,000 and an estimated non-Federal
cost of $300,000.'' and inserting ``at a total cost of $3,000,000, with
an estimated Federal cost of $2,400,000 and an estimated non-Federal
cost of $600,000.''.
SEC. 2259. LOWER GRANITE POOL, WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to property covered by each deed described
in subsection (b)--
(1) the reversionary interests and use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area in which the elevation
is above the standard project flood elevation; and
(3) the use of fill material to raise low areas above the
standard project flood elevation is authorized, except in any
low area constituting wetland for which a permit under section
404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)
would be required for the use of fill material.
(b) Deeds.--The deeds referred to in subsection (a) are as follows:
(1) Auditor's File Numbers 432576, 443411, and 579771 of
Whitman County, Washington.
(2) Auditor's File Numbers 125806, 138801, 147888, 154511,
156928, and 176360 of Asotin County, Washington.
(c) No Effect on Other Rights.--Nothing in this section affects any
remaining rights and interests of the Corps of Engineers for authorized
project purposes in or to property covered by a deed described in
subsection (b).
Subchapter C--Deauthorizations
SEC. 2271. JACKSON PORT, JACKSON, ALABAMA.
The project for navigation, Jackson Port, Jackson, Alabama, is not
authorized.
SEC. 2272. BRIDGEPORT HARBOR, CONNECTICUT.
(a) In General.--The portion of the project for navigation,
Bridgeport Harbor, Connecticut, authorized by the Act of July 3, 1930
(46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River
and described in subsection (b), is not authorized.
(b) Description of Project.--The project referred to in subsection
(a) is described as beginning at a point along the eastern limit of the
existing project, N. 123,649.75, E. 481,920.54, thence running
northwesterly about 52.64 feet to a point N. 123,683.03, E. 481,879.75,
thence running northeasterly about 1,442.21 feet to a point N.
125,030.08, E. 482,394.96, thence running northeasterly about 139.52
feet to a point along the east limit of the existing channel, N.
125,133.87, E. 482,488.19, thence running southwesterly about 1,588.98
feet to the point of origin.
SEC. 2273. MUSCATINE HARBOR, IOWA.
The project for navigation at the Muscatine Harbor on the
Mississippi River at Muscatine, Iowa, authorized by section 101 of the
River and Harbor Act of 1950 (64 Stat. 166), is not authorized.
SEC. 2274. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.
The project for navigation improvement for Bayou Lafourche and
Lafourche Jump, Louisiana, authorized by the Act of August 30, 1935 (49
Stat. 1033, chapter 831) and the River and Harbor Act of 1960 (74 Stat.
481), is not authorized.
SEC. 2275. NORTHEAST HARBOR, MAINE.
The project for navigation, Northeast Harbor, Maine, authorized by
section 2 of the Act of March 2, 1945 (59 Stat. 12, chapter 19), is not
authorized.
SEC. 2276. TENANTS HARBOR, MAINE.
The project for navigation, Tenants Harbor, Maine, authorized by
the first section of the Act of March 2, 1919 (40 Stat. 1275, chapter
95), is not authorized.
SEC. 2277. GRAND HAVEN HARBOR, MICHIGAN.
The project for navigation, Grand Haven Harbor, Michigan,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4093) is not authorized.
SEC. 2278. GREENVILLE HARBOR, MISSISSIPPI.
The project for navigation, Greenville Harbor, Mississippi,
authorized by section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4142) is not authorized.
SEC. 2279. NEW YORK HARBOR AND ADJACENT CHANNELS, CLAREMONT TERMINAL,
JERSEY CITY, NEW JERSEY.
The project for navigation, New York Harbor and adjacent channels,
Claremont Terminal, Jersey City, New Jersey, authorized by section
202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098),
is not authorized.
SEC. 2380. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.
The project for navigation, Olcott Harbor, Lake Ontario, New York,
authorized by section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4143), is not authorized.
SEC. 2381. OUTER HARBOR, BUFFALO, NEW YORK.
The project for navigation, Outer Harbor, Buffalo, New York,
authorized by section 110 of the Water Resources Development Act of
1992 (106 Stat. 4817), is not authorized.
SEC. 2382. MANTEO BAY, NORTH CAROLINA.
The project for navigation, Manteo (Shallowbag) Bay, North Carolina
(Oregon Inlet), authorized by section 101 of the River and Harbor Act
of 1970 (84 Stat. 1818), is not authorized.
SEC. 2383. CLEVELAND HARBOR 1958 ACT, OHIO.
The project for navigation, Cleveland Harbor (Uncompleted Portion),
Ohio, authorized by section 101 of the River and Harbor Act of 1958 (72
Stat. 299), is not authorized.
SEC. 2384. CLEVELAND HARBOR 1960 ACT, OHIO.
The project for navigation, Cleveland Harbor (Uncompleted Portion),
Ohio, authorized by section 101 of the River and Harbor Act of 1960 (74
Stat. 482), is not authorized.
SEC. 2385. CLEVELAND HARBOR, UNCOMPLETED PORTION OF CUT #4, OHIO.
The project for navigation, Cleveland Harbor (Uncompleted Portion
of Cut #4), Ohio, authorized by the first section of the Act of July
24, 1946 (60 Stat. 636, chapter 595), is not authorized.
SEC. 2386. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAMMOND, OREGON.
The project for the Columbia River, Seafarers Memorial, Hammond,
Oregon, authorized by title I of the Energy and Water Development
Appropriations Act, 1991 (104 Stat. 2078), is not authorized.
SEC. 2387. DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA TO TRENTON, NEW
JERSEY.
The project for navigation, Delaware River, Philadelphia,
Pennsylvania to Trenton, New Jersey (Tioga Marine Terminal), as
authorized by section 3(a)(12) of the Water Resources Development Act
of 1988 (102 Stat. 4014), is not authorized.
SEC. 2388. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE ISLAND.
The project for navigation, Narragansett Town Beach, Narragansett,
Rhode Island, authorized by section 361 of the Water Resources
Development Act of 1992 (106 Stat. 4861), is not authorized.
SEC. 2389. QUONSET POINT-DAVISVILLE, RHODE ISLAND.
The project for bulkhead repairs, Quonset Point-Davisville, Rhode
Island, authorized by section 571 of the Water Resources Development
Act of 1996 (110 Stat. 3788), is not authorized.
TITLE III--FLOOD AND COASTAL STORM DAMAGE REDUCTION
Subtitle A--Flood Damage Reduction
CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS
SEC. 3001. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT SHORES AND
STREAMBANKS (PRESS).
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by striking ``$15,000,000'' and inserting
``$20,000,000''; and
(2) by striking ``$1,000,000'' and inserting
``$1,500,000''.
CHAPTER 2--STUDIES
SEC. 3101. REVIEW OF ST. HELENA COMPREHENSIVE FLOOD PROTECTION PROJECT,
CALIFORNIA.
(a) In General.--The Secretary shall review the project for flood
control and environmental restoration at St. Helena, California,
generally in accordance with Enhanced Minimum Plan A, as described in
the Final Environmental Impact Report prepared by the city of St.
Helena, California, and certified by the city to be in compliance with
the California Environmental Quality Act on February 24, 2004.
(b) Cost Sharing.--Cost sharing for the project described in
subsection (a) shall be carried out in accordance with section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
CHAPTER 3--PROJECTS
Subchapter A--Authorizations
SEC. 3201. TANQUE VERDE CREEK PROJECT, PIMA COUNTY, ARIZONA.
The Secretary may construct the project for flood control, bank
protection, and habitat preservation and mitigation, Tanque Verde
Creek, Rillito River and tributaries, Pima County, Arizona, at an
estimated total cost of $4,878,000, with an estimated Federal cost of
$3,170,700 and an estimated non-Federal cost of $1,707,300, in
accordance with the recommendations of the report of the Chief of
Engineers dated July 22, 2003.
SEC. 3202. HAMILTON CITY, CALIFORNIA.
The Secretary may carry out the Hamilton City, California project
for flood damage reduction and ecosystem restoration at a total cost of
$47,820,000, with an estimated Federal cost of $31,083,000 and
estimated non-Federal cost of $16,737,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, if a favorable report of the Chief
for the project is completed not later than December 31, 2004.
SEC. 3203. MIDDLE CREEK, LAKE COUNTY, CALIFORNIA.
(a) In General.--The Secretary may construct the project for flood
damage reduction and ecosystem restoration and participate in critical
restoration projects that will produce (consistent with Federal
programs, projects, and activities) immediate and substantial ecosystem
restoration, preservation, and protection benefits in the following
subwatersheds of the Middle Creek watershed:
(1) Scott's Creek.
(2) Middle Creek.
(b) Assistance.--Participation in critical restoration projects
under this section may include assistance for planning, design, or
construction.
(c) Non-Federal Interests.--Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entry may
serve, with the consent of the affected local government, as a non-
Federal sponsor for a project carried out under this section.
(d) Trust Transfer.--
(1) In general.--Notwithstanding any other provision of
law, as part of the authorization of projects under this
section, on request of the governing body of the Robinson
Rancheria Tribe of Pomo Indians, the Secretary of the Interior
shall--
(A) accept the transfer from the Tribe to the
Secretary of the interest of the Tribe in 2 parcels of
land located adjacent to Clear Lake in Lake County,
California; and
(B) hold the land in trust for the benefit of the
Tribe.
(2) Relationship to other law.--Once transferred to the
Secretary in trust for the benefit of the Tribe, the land shall
not be subject to section 20(a) of the Indian Gaming Regulatory
Act (25 U.S.C. 2719(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $26,000,000.
SEC. 3204. INDIAN RIVER LAGOON, SOUTH FLORIDA.
(a) Indian River Lagoon.--The Secretary may carry out the project
for ecosystem restoration, water supply, flood control, and protection
of water quality, Indian River Lagoon, South Florida, at a total cost
of $1,207,288,000, with an estimated first Federal cost of $603,644,000
and an estimated first non-Federal cost of $603,644,000, in accordance
with section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680), the project implementation report for the project, and
subject to a favorable report of the Chief of Engineers, if such a
report is issued by the Chief not later than December 31, 2004.
(b) Deauthorizations.--As of the date of enactment of this Act--
(1) the C-44 Basin Storage Reservoir of the Comprehensive
Everglades Restoration Plan authorized under section
601(b)(2)(C)(i) of the Water Resources Development Act of 2000
(114 Stat. 2682) is not authorized;
(2) the Martin County, Florida modifications to the Central
and South Florida Project authorized by section 203 of the
Flood Control Act of 1968 (82 Stat. 731) are not authorized;
and
(3) spillway structure S-311 of the Central and South
Florida Project, authorized under the East Coast Backpumping,
St. Lucie-Martin County, project authorized by section 203 of
the Flood Control Act of 1968 (82 Stat. 731), is not
authorized.
SEC. 3205. PICAYUNE STRAND ECOSYSTEM RESTORATION, COLLIER COUNTY,
FLORIDA.
The Secretary may carry out the project for ecosystem restoration,
Southern Golden Gate Estates, Collier County, Florida, at a total cost
of $362,612,000, with an estimated Federal cost of $181,306,000 and an
estimated non-Federal cost of $181,306,000, in accordance with section
601 of the Water Resources Development Act of 2000 (114 Stat. 2680) and
subject to a favorable report of the Chief of Engineers, if such a
report is issued by the Chief not later than December 31, 2004.
SEC. 3206. SWOPE PARK INDUSTRIAL AREA, MISSOURI.
The Secretary may construct the project for flood damage reduction,
Swope Park Industrial Area, Missouri, in accordance with the
recommendations of the report of the Chief of Engineers dated December
30, 2003, at an estimated cost of $14,987,000, with an estimated
Federal cost of $9,742,000 and an estimated non-Federal cost of
$5,245,000.
SEC. 3207. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.
The Secretary may carry out the project for flood damage
reduction, Southwest Valley, Albuquerque, New Mexico, at a total cost
of $17,500,000, with an estimated Federal cost of $11,400,000 and an
estimated non-Federal cost of $6,100,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, if a final favorable report of the
Chief for the project is completed not later than December 31, 2004.
Subchapter B--Modifications
SEC. 3211. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.
(a) In General.--The project for flood control, St. Francis River
Basin, Arkansas, and Missouri, authorized the Act of June 15, 1936 (49
Stat. 1508, chapter 548), as modified, is further modified to authorize
the Secretary to undertake out channel stabilization and sediment
removal measures on the St. Francis River and tributaries as an
integral part of the original project.
(b) No Separable Element.--The measures carried out under
subsection (a) shall not be considered to be a separable element of the
project.
SEC. 3212. AUGUSTA AND CLARENDON, ARKANSAS.
The Secretary may carry out rehabilitation of authorized and
completed levees on the White River between Augusta and Clarendon,
Arkansas, at a total estimated cost of $8,000,000, with an estimated
Federal cost of $5,200,000 and an estimated non-Federal cost of
$2,800,000.
SEC. 3213. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND MISSOURI.
(a) In General.--The Secretary shall convey to the State of
Arkansas, without monetary consideration and subject to subsection (b),
all right, title, and interest to land within the State acquired by the
Federal Government as mitigation land for the project for flood
control, St. Francis Basin, Arkansas and Missouri Project, authorized
by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly known as
the ``Flood Control Act of 1928'').
(b) Terms and Conditions.--
(1) In general.--The conveyance by the United States under
this section shall be subject to--
(A) the condition that the State of Arkansas
(including the successors and assigns of the State)
agree to operate, maintain, and manage the land at no
cost or expense to the United States and for fish and
wildlife, recreation, and environmental purposes; and
(B) such other terms and conditions as the
Secretary determines to be in the interest of the
United States.
(2) Reversion.--If the State (or a successor or assign of
the State) ceases to operate, maintain, and manage the land in
accordance with this subsection, all right, title, and interest
in and to the property shall revert to the United States, at
the option of the Secretary.
SEC. 3214. RED-OUACHITA RIVER BASIN, ARKANSAS.
Section 204 of the Flood Control Act of 1950 (64 Stat. 170) is
amended in the matter under the heading ``red-ouachita river basin'' by
inserting after ``at Calion, Arkansas'' the following: ``(including
authorization for the comprehensive flood-control project for Ouachita
River and tributaries, incorporating in the project all flood control,
drainage, and power improvements in the basin above the lower end of
the left bank Ouachita River levee)''.
SEC. 3215. CACHE CREEK BASIN, CALIFORNIA.
(a) In General.--The project for flood control, Cache Creek Basin,
California, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4112), is modified to direct the
Secretary to mitigate the impacts of the new south levee of the Cache
Creek settling basin on the storm drainage system of the city of
Woodland, including all appurtenant features, erosion control measures,
and environmental protection features.
(b) Objectives.--Mitigation under subsection (a) shall restore the
pre-project capacity of the city (1,360 cubic feet per second) to
release water to the Yolo Bypass, including--
(1) channel improvements;
(2) an outlet work through the west levee of the Yolo
Bypass; and
(3) a new low-flow cross channel to handle city and county
storm drainage and settling basin flows (1,760 cubic feet per
second) when the Yolo Bypass is in a low-flow condition.
SEC. 3216. LLAGAS CREEK, CALIFORNIA.
The project for flood damage reduction, Llagas Creek, California,
authorized by section 501(a) of the Water Resources Development Act of
1999 (113 Stat. 333), is modified to authorize the Secretary to
complete the project, in accordance with the requirements of local
cooperation as specified in section 5 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1005), at a total remaining cost of
$95,000,000, with an estimated remaining Federal cost of $55,000,000,
and an estimated remaining non-Federal cost of $40,000,000.
SEC. 3217. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA.
(a) In General.--The Secretary shall credit toward that portion of
the non-Federal share of the costs of the flood damage reduction
project authorized by section 101(a)(6)(A) of the Water Resources
Development Act of 1999 (113 Stat. 274) that is to be paid by the
Sacramento Area Flood Control Agency an amount equal to the Federal
share of the flood control project authorized by section 9159 of the
Department of Defense Appropriations Act, 1993 (106 Stat. 1944).
(b) Federal Share.--In determining the Federal share of the project
authorized by section 9159(b) of that Act, the Secretary shall include
all audit verified costs for planning, engineering, construction,
acquisition of project land, easements, rights-of-way, relocations, and
environmental, mitigation for all project elements that the Secretary
determines to be cost-effective.
(c) Amount Credited.--The amount credited shall be equal to the
Federal share determined under this section, reduced by the total of
all reimbursements paid to the non-Federal sponsors for work under
section 9159(b) of that Act before the date of enactment of this Act.
SEC. 3218. UPPER GUADALUPE RIVER, CALIFORNIA.
The project for flood damage reduction and recreation, Upper
Guadalupe River, California, authorized by section 101(a)(9) of the
Water Resources Development Act of 1999 (113 Stat. 275), is modified to
authorize the Secretary to construct the project at a total cost of
$212,100,000, with an estimated Federal cost of $98,800,000 and a non-
Federal cost of $113,300,000.
SEC. 3219. YUBA RIVER BASIN PROJECT, CALIFORNIA.
The project for flood damage reduction, Yuba River Basin,
California, authorized by section 101(a)(10) of the Water Resources
Development Act of 1999 (113 Stat. 275), is modified to authorize the
Secretary to construct the project at a total cost of $107,700,000,
with an estimated Federal share of $70,000,000 and a non-Federal share
of $37,700,000.
SEC. 3220. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.
(a) In General.--The Secretary shall carry out additional general
construction measures to allow for operation at lower pool levels to
satisfy the recreation mission at Dworshak Dam, Idaho.
(b) Improvements.--In carrying out subsection (a), the Secretary
shall provide for appropriate improvements to--
(1) facilities that are operated by the Corps of Engineers;
and
(2) facilities that, as of the date of enactment of this
Act, are leased or out-granted.
(c) Cost Sharing.--The Secretary shall carry out this section
through a cost-sharing program with Idaho State Parks and Recreation
Department, with a total estimated project cost of $5,300,000 and an
estimated Federal cost of $3,900,000.
SEC. 3221. CACHE RIVER LEVEE, ILLINOIS.
The Cache River Levee created for flood control at the Cache River,
Illinois, and authorized under the Act of June 28, 1938 (52 Stat. 1215,
chapter 795), is modified to add environmental restoration as a project
purpose.
SEC. 3222. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS
RECONSTRUCTION PILOT PROGRAM.
(a) Definition of Reconstruction.--In this section:
(1) In general.--The term ``reconstruction'' means any
action taken to address 1 or more major deficiencies of a
project caused by long-term degradation of the foundation,
construction materials, or engineering systems or components of
the project, the results of which render the project at risk of
not performing in compliance with the authorized purposes of
the project.
(2) Inclusions.--The term ``reconstruction'' includes the
incorporation by the Secretary of current design standards and
efficiency improvements in a project if the incorporation does
not significantly change the authorized scope, function, or
purpose of the project.
(b) Participation by Secretary.--The Secretary may participate in
the reconstruction of flood control projects within Missouri and
Illinois as a pilot program if the Secretary determines that such
reconstruction is not required as a result of improper operation and
maintenance by the non-Federal interest.
(c) Cost Sharing.--
(1) In general.--Costs for reconstruction of a project
under this section shall be shared by the Secretary and the
non-Federal interest in the same percentages as the costs of
construction of the original project were shared.
(2) Operation, maintenance, and repair costs.--The costs of
operation, maintenance, repair, and rehabilitation of a project
carried out under this section shall be a non-Federal
responsibility.
(d) Critical Projects.--In carrying out this section, the Secretary
shall give priority to the following projects:
(1) Clear Creek Drainage and Levee District, Illinois.
(2) Fort Chartres and Ivy Landing Drainage District,
Illinois.
(3) Wood River Drainage and Levee District, Illinois.
(4) City of St. Louis, Missouri.
(5) Missouri River Levee Drainage District, Missouri.
(e) Economic Justification.--Reconstruction efforts and activities
carried out under this section shall not require economic
justification.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000, to remain available
until expended.
SEC. 3223. SPUNKY BOTTOM, ILLINOIS.
(a) In General.--The project for flood control, Illinois and Des
Plaines River Basin, between Beardstown, Illinois, and the mouth of the
Illinois River, authorized by section 5 of the Act of June 22, 1936 (49
Stat. 1583, chapter 688), is modified to authorize ecosystem
restoration as a project purpose.
(b) Modifications.--
(1) In general.--Subject to paragraph (2), notwithstanding
the limitation on the expenditure of Federal funds to carry out
project modifications in accordance with section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a),
modifications to the project referred to in subsection (a)
shall be carried out at Spunky Bottoms, Illinois, in accordance
with subsection (a).
(2) Federal share.--Not more than $7,500,000 in Federal
funds may be expended under this section to carry out
modifications to the project referred to in subsection (a).
(3) Post-construction monitoring and management.--Of the
Federal funds expended under paragraph (2), not less than
$500,000 shall remain available for a period of 5 years after
the date of completion of construction of the modifications for
use in carrying out post-construction monitoring and adaptive
management.
(c) Emergency Repair Assistance.--Notwithstanding any modifications
carried out under subsection (b), the project described in subsection
(a) shall remain eligible for emergency repair assistance under section
5 of the Act of August 18, 1941 (33 U.S.C. 701n), without consideration
of economic justification.
SEC. 3224. CUMBERLAND, MARYLAND.
Section 580(a) of the Water Resources Development Act of 1999 (113
Stat. 375) is amended--
(1) by striking ``$15,000,000'' and inserting
``$25,750,000'';
(2) by striking ``$9,750,000'' and inserting
``$16,738,000''; and
(3) by striking ``$5,250,000'' and inserting
``$9,012,000''.
SEC. 3225. LAND EXCHANGE, PIKE COUNTY, MISSOURI.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the 2
parcels of Corps of Engineers land totaling approximately 42
acres, located on Buffalo Island in Pike County, Missouri, and
consisting of Government Tract Numbers MIs-7 and a portion of
FM-46.
(2) Non-federal land.--The term ``non-Federal land'' means
the approximately 42 acres of land, subject to any existing
flowage easements, situated in Pike County, Missouri, upstream
and northwest, about 200 feet from Drake Island (also known as
Grimes Island).
(b) Land Exchange.--Subject to subsection (c), on conveyance by
S.S.S., Inc., to the United States of all right, title, and interest in
and to the non-Federal land, the Secretary shall convey to S.S.S.,
Inc., all right, title, and interest of the United States in and to the
Federal land.
(c) Conditions.--
(1) Deeds.--
(A) Non-federal land.--The conveyance of the non-
Federal land to the Secretary shall be by a warranty
deed acceptable to the Secretary.
(B) Federal land.--The conveyance of the Federal
land to S.S.S., Inc., shall be--
(i) by quitclaim deed; and
(ii) subject to any reservations, terms,
and conditions that the Secretary determines to
be necessary to allow the United States to
operate and maintain the Mississippi River 9-
Foot Navigation Project.
(C) Legal descriptions.--The Secretary shall,
subject to approval of S.S.S., Inc., provide a legal
description of the Federal land and non-Federal land
for inclusion in the deeds referred to in subparagraphs
(A) and (B).
(2) Removal of improvements.--
(A) In general.--The Secretary may require the
removal of, or S.S.S., Inc., may voluntarily remove,
any improvements to the non-Federal land before the
completion of the exchange or as a condition of the
exchange.
(B) No liability.--If S.S.S., Inc., removes any
improvements to the non-Federal land under subparagraph
(A)--
(i) S.S.S., Inc., shall have no claim
against the United States relating to the
removal; and
(ii) the United States shall not incur or
be liable for any cost associated with the
removal or relocation of the improvements.
(3) Administrative costs.--The Secretary shall require
S.S.S., Inc. to pay reasonable administrative costs associated
with the exchange.
(4) Cash equalization payment.--If the appraised fair
market value, as determined by the Secretary, of the Federal
land exceeds the appraised fair market value, as determined by
the Secretary, of the non-Federal land, S.S.S., Inc., shall
make a cash equalization payment to the United States.
(5) Deadline.--The land exchange under subsection (b) shall
be completed not later than 2 years after the date of enactment
of this Act.
SEC. 3226. LAKE GIRARD LAKE DAM, OHIO.
Section 507(1) of the Water Resources Development Act of 1996 (110
Stat. 3758) is amended--
(1) by striking ``$2,500,000'' and inserting
``$5,500,000''; and
(2) by adding before the period at the end the following:
``(which repair and rehabilitation may include lowering the
crest of the Dam by not more than 12.5 feet)''.
SEC. 3227. UNIVERSITY OF OREGON MUSEUM OF NATURAL HISTORY, OREGON.
(a) In General.--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--
(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
(2) the several navigation and flood damage reduction
projects constructed on the Columbia River and Lower Willamette
River, Oregon and Washington.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 3228. TIOGA TOWNSHIP, PENNSYLVANIA.
(a) In General.--The Secretary shall convey by quitclaim deed to
Tioga Township, Pennsylvania, without consideration, all right, title,
and interest in and to the parcel of real property located on the
northeast end of Tract No. 226, a portion of the Tioga-Hammond Lakes
Floods Control Project, Tioga County, Pennsylvania, together with any
improvements on that property, in as-is condition, for public ownership
and use as the site of the administrative offices and road maintenance
complex for the Township.
(b) Survey to Obtain Legal Description.--The exact acreage and the
legal description of the real property described in subsection (a)
shall be determined by a survey that is satisfactory to the Secretary.
(c) Reservation of Interests.--The Secretary shall reserve such
rights and interests in and to the property to be conveyed as the
Secretary considers necessary to preserve the operational integrity and
security of the Tioga-Hammond Lakes Flood Control Project.
(d) Reversion.--If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership, or
to be used as a site for the Tioga Township administrative offices and
road maintenance complex or for related public purposes, all right,
title, and interest in and to the property shall revert to the United
States, at the option of the United States.
SEC. 3229. HARRIS FORK CREEK, TENNESSEE AND KENTUCKY.
Notwithstanding section 1001(b)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a), the project for flood
control, Harris Fork Creek, Tennessee and Kentucky, authorized by
section 102 of the Water Resources Development Act of 1976 (33 U.S.C.
701c note; 90 Stat. 2920) shall remain authorized to be carried out by
the Secretary for a period of 7 years beginning on the date of
enactment of this Act.
SEC. 3230. NONCONNAH WEIR, MEMPHIS, TENNESSEE.
The project for flood control, Nonconnah Creek, Tennessee and
Mississippi, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4124) and modified by the section
334 of the Water Resources Development Act of 2000 (114 Stat. 2611), is
modified to authorize the Secretary--
(1) to reconstruct, at full Federal expense, the weir
originally constructed in the vicinity of the mouth of
Nonconnah Creek; and
(2) to make repairs and maintain the weir in the future so
that the weir functions properly.
SEC. 3231. CONNECTICUT RIVER DAMS, VERMONT.
(a) In General.--The Secretary shall evaluate, design, and
construct structural modifications at full Federal cost to the Union
Village Dam (Ompompanoosuc River), North Hartland Dam (Ottauquechee
River), North Springfield Dam (Black River), Ball Mountain Dam (West
River), and Townshend Dam (West River), Vermont, to regulate flow and
temperature to mitigate downstream impacts on aquatic habitat and
fisheries.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 3232. DAM REMEDIATION, VERMONT.
Section 543 of the Water Resources Development Act of 2000 (114
Stat. 2673) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) may carry out measures to restore, protect, and
preserve an ecosystem affected by a dam described in subsection
(b).''; and
(2) in subsection (b), by adding at the end the following:
``(11) Camp Wapanacki, Hardwick.
``(12) Star Lake Dam, Mt. Holly.
``(13) Curtis Pond, Calais.
``(14) Weathersfield Reservoir, Springfield.
``(15) Burr Pond, Sudbury.
``(16) Maidstone Lake, Guildhall.
``(17) Upper and Lower Hurricane Dam.
``(18) Lake Fairlee.
``(19) West Charleston Dam.''.
SEC. 3233. CHEHALIS RIVER, CENTRALIA, WASHINGTON.
The project for flood control, Centralia, Washington, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4126) is modified to be carried out at a total cost of
$94,357,000, with a Federal cost of $56,467,000 and a non-Federal cost
of $37,890,000, and shall be carried out by the Secretary substantially
in accordance with the plans, and subject to conditions, recommended in
a final report of the Chief of Engineers, if a favorable final report
of the Chief is completed not later than December 31, 2004.
SEC. 3234. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, WASHINGTON.
(a) In General.--The Lower Columbia River levees and bank
protection works authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 178) is modified with regard to the Wahkiakum County
diking districts No. 1 and 3, but without regard to any cost ceiling
authorized before the date of enactment of this Act, to direct the
Secretary to provide a 1-time placement of dredged material along
portions of the Columbia River shoreline of Puget Island, Washington,
between river miles 38 to 47, to protect economic and environmental
resources in the area from further erosion.
(b) Coordination and Cost-Sharing Requirements.--The Secretary
shall carry out subsection (a)--
(1) in coordination with appropriate resource agencies;
(2) in accordance with all applicable Federal law
(including regulations); and
(3) at full Federal expense.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 3235. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood control at Milton, West Virginia, authorized
by section 580 of the Water Resources Development Act of 1996 (110
Stat. 3790), as modified by section 340 of the Water Resources
Development Act of 2000 (114 Stat. 2612), is modified to authorize the
Secretary to construct the project substantially in accordance with the
draft report of the Corps of Engineers dated March 2004, at an
estimated total cost of $45,500,000, with an estimated Federal cost of
$34,125,000 and an estimated non-Federal cost of $11,375,000.
Subchapter C--Deauthorizations
SEC. 3241. LITTLE COVE CREEK, GLENCOE, ALABAMA.
The project for flood damage reduction, Little Cove Creek, Glencoe,
Alabama, authorized by the Supplemental Appropriations Act, 1985 (99
Stat. 312), is not authorized.
SEC. 3242. WINSLOW, ARIZONA.
The project for flood control, Little Colorado River, Winslow,
Arizona, authorized by section 204 of the Flood Control Act of 1965 (79
Stat. 1083), is not authorized.
SEC. 3243. GOLETA AND VICINITY, CALIFORNIA.
The project for flood control, Goleta and Vicinity, California,
authorized by section 201 of the Flood Control Act of 1970 (84 Stat.
1826), is not authorized.
SEC. 3244. SHINGLE CREEK BASIN, FLORIDA.
The project for flood control, Central and Southern Florida
Project, Shingle Creek Basin, Florida, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182), is not authorized.
SEC. 3245. BREVOORT, INDIANA.
The project for flood control, Brevoort, Indiana, authorized under
section 5 of the Flood Control Act of 1936 (49 Stat. 1587), is not
authorized.
SEC. 3246. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.
The project for flood control, Middle Wabash, Greenfield Bayou,
Indiana, authorized by section 10 of the Flood Control Act of 1946 (60
Stat. 649), is not authorized.
SEC. 3247. LAKE GEORGE, HOBART, INDIANA.
The project for flood damage reduction, Lake George, Hobart,
Indiana, authorized by section 602 of the Water Resources Development
Act of 1986 (100 Stat. 4148), is not authorized.
SEC. 3248. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.
The project for flood damage reduction, Green Bay Levee and
Drainage District No. 2, Iowa, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4115), deauthorized
in fiscal year 1991, and reauthorized by section 115(a)(1) of the Water
Resources Development Act of 1992 (106 Stat. 4821), is not authorized.
SEC. 3249. EAGLE CREEK LAKE, KENTUCKY.
The project for flood control and water supply, Eagle Creek Lake,
Kentucky, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1188), is not authorized.
SEC. 3250. HAZARD, KENTUCKY.
The project for flood damage reduction, Hazard, Kentucky,
authorized by section 3 of the Water Resources Development Act of 1988
(102 Stat. 4014) and section 108 of the Water Resources Development Act
of 1990 (104 Stat. 4621), is not authorized.
SEC. 3251. TAYLORSVILLE LAKE, KENTUCKY.
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), is not authorized.
SEC. 3252. WEST KENTUCKY TRIBUTARIES, KENTUCKY.
The project for flood control, West Kentucky Tributaries, Kentucky,
authorized by section 204 of the Flood Control Act of 1965 (79 Stat.
1081), section 201 of the Flood Control Act of 1970 (84 Stat. 1825),
and section 401(b) of the Water Resources Development Act of 1986 (100
Stat. 4129), is not authorized.
SEC. 3253. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.
The project for flood damage reduction, Bayou Cocodrie and
Tributaries, Louisiana, authorized by section 3 of the of the Act
entitled ``An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other purposes'',
approved August 18, 1941 (55 Stat. 644), and section 1(a) of the Water
Resources Development Act of 1974 (88 Stat. 12), is not authorized.
SEC. 3254. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES PARISHES,
LOUISIANA.
The project for flood control, Eastern Rapides and South-Central
Avoyelles Parishes, Louisiana, authorized by section 201 of the Flood
Control Act of 1970 (84 Stat. 1825), is not authorized.
SEC. 3255. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION CONTROL,
NEBRASKA.
The project for flood damage reduction, Platte River Flood and
Related Streambank Erosion Control, Nebraska, authorized by section 603
of the Water Resources Development Act of 1986 (100 Stat. 4149), is not
authorized.
SEC. 3256. SUGAR CREEK BASIN, NORTH CAROLINA AND SOUTH CAROLINA.
The project for flood damage reduction, Sugar Creek Basin, North
Carolina and South Carolina, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4121), is not authorized.
SEC. 3257. HOCKING RIVER, LOGAN, OHIO.
The project for flood damage reduction, Hocking River, Logan, Ohio,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4122), is not authorized.
SEC. 3258. FAIRFIELD, OHIO.
The project for flood control and recreation, Fairfield, Ohio,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4122), is not authorized.
SEC. 3259. PARKER LAKE, MUDDY BOGGY CREEK, OKLAHOMA.
The project for flood control and water supply, Parker Lake, Muddy
Boggy Creek, Oklahoma, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4123), is not authorized.
SEC. 3260. CHARTIERS CREEK, CANNONSBURG (HOUSTON REACH UNIT 2B),
PENNSYLVANIA.
The project for flood control, Chartiers Creek, Cannonsburg
(Houston Reach Unit 2B), Pennsylvania, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1081), is not authorized.
SEC. 3261. TIOGA-HAMMOND LAKES, PENNSYLVANIA.
The project for flood control and recreation, Tioga-Hammond Lakes,
Mill Creek Recreation, Pennsylvania, authorized by section 203 of the
Flood Control Act of 1958 (72 Stat. 313), is not authorized.
SEC. 3262. TAMAQUA, PENNSYLVANIA.
The project for flood control, Tamaqua, Pennsylvania, authorized by
section 1(a) of the Water Resources Development Act of 1974 (88 Stat.
14), is not authorized.
SEC. 3263. ARROYO COLORADO, TEXAS.
The project for flood damage reduction, Arroyo Colorado, Texas,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4125), is not authorized.
SEC. 3264. CYPRESS CREEK-STRUCTURAL, TEXAS.
The project for flood damage reduction, Cypress Creek-Structural,
Texas, authorized by section 3(a)(13) of the Water Resources
Development Act of 1988 (102 Stat. 4014), is not authorized.
SEC. 3265. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST FORK OF THE
TRINITY RIVER, TEXAS.
The project for flood damage reduction, East Fork Channel
Improvement, Increment 2, East Fork of the Trinity River, Texas,
authorized by section 203 of the Flood Control Act of 1962 (76 Stat.
1185), is not authorized.
SEC. 3266. FALFURRIAS, TEXAS.
The project for flood damage reduction, Falfurrias, Texas,
authorized by section 3(a)(14) of the Water Resources Development Act
of 1988 (102 Stat. 4014), is not authorized.
SEC. 3267. PECAN BAYOU LAKE, TEXAS.
The project for flood control, Pecan Bayou Lake, Texas, authorized
by section 203 of the Flood Control Act of 1968 (82 Stat. 742), is not
authorized.
SEC. 3268. CABIN CREEK, WEST VIRGINIA.
The project for flood control, Cabin Creek, West Virginia,
authorized by section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4146), is not authorized.
SEC. 3269. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.
The project for bank erosion, Kanawha River, Charleston, West
Virginia, authorized by section 603(f)(13) of the Water Resources
Development Act of 1986 (100 Stat. 4153), is not authorized.
Subtitle B--Coastal Storm Damage Reduction
CHAPTER 1--GENERAL PROVISIONS
SEC. 3301. SHORE PROTECTION AND BEACH RENOURISHMENT PROJECTS.
(a) Revision of Planning Guidelines, Regulations and Circulars for
Beach Renourishment Projects.--Not later than 18 months after the date
of enactment of this Act, the Secretary, in collaboration with the
advisory committee established under subsection (c), shall revise the
planning guidelines, regulations, and circulars of the Corps of
Engineers for the consideration and construction of beach replenishment
projects involving large dredge and fill activities.
(b) Requirements.--Planning regulations of the Corps of Engineers
that are revised under subsection (a) shall--
(1) ensure, to the maximum extent practicable, that beach
replenishment projects do not harm reefs or other habitats
identified as essential fish habitat or habitat areas of
particular concern under the Sustainable Fisheries Act (16
U.S.C. 1801 et seq.);
(2) require the consideration of nonstructural alternatives
to large dredge and fill activities, including sand bypass
systems, relocation, and elevation;
(3) establish standards for the timing of beach
replenishment projects that are designed to avoid, and
subsequently minimize, impacts to wildlife and habitat quality;
(4) establish standards that ensure that sand deposited on
replenished beaches features compatible grain size, shell
content, and other geological characteristics of a natural
beach;
(5) ensure that those standards are not lowered as the
availability of compatible sand decreases;
(6) require long-term monitoring of turbidity to quantify
the impacts to primary production in areas with coral reefs,
and secondary production in areas with game fish;
(7) establish buffer distances between dredge sites and
reefs that are sufficient to eliminate further reef damage from
operator or design failures;
(8) develop programmatic environmental impact statements to
establish standards for coastal regions subject to continuous
levels of large dredge and fill activity;
(9) revise public notice and comment procedures to ensure
adequate time for interagency and public comments, including
the comments of Federal fishery management councils; and
(10) establish a standardized interagency database that
collects, distributes, and archives fundamental pre- and post-
project information to guide future planning and management.
(c) Advisory Committee.--
(1) Establishment.--To develop the guidelines, regulations,
and circulars required under subsection (a), the Secretary
shall establish an advisory committee of biologists, engineers,
geologists, and other experts with independent scientific and
technical expertise relating to the environmental impacts of
beach replenishment projects and potential alternatives.
(2) Applicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the advisory committee
established under this section.
(d) Notice and Comment.--The Secretary shall comply with the notice
and comment provisions of chapter 551 of title 5, United States Code,
in issuing revised planning regulations, guidelines, and circulars.
(e) Applicability.--On completion of the revisions required under
this section, the Secretary shall apply the revised regulations to
projects for which a draft feasibility study or draft reevaluation
report has not yet been issued.
SEC. 3302. REGIONAL SEDIMENT MANAGEMENT.
(a) In General.--Section 204 of Water Resources Development Act of
1992 (33 U.S.C. 2326) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--In connection with dredging for construction,
operation, or maintenance by the Secretary of an authorized navigation
project, the Secretary may carry out projects for--
``(1) the protection, restoration, and creation of aquatic
and ecologically related habitats, including wetland; and
``(2) the transport and placement of suitable dredged
material at locations identified in the plan prepared under
subsection (e), or identified jointly by the non-Federal
interest and the Secretary, for use in the construction,
repair, or rehabilitation of projects 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.'';
(2) in subsection (b)--
(A) by striking ``for the protection, restoration
or creation of aquatic and ecologically related
habitats'' and inserting ``undertaken under subsection
(a)'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by inserting after paragraph (2) the following:
``(3) the project complies with all applicable Federal,
State, and local laws.'';
(3) in subsection (c), by striking ``to--'' and all that
follows through ``(2) pay'' and insert ``pay'';
(4) in subsection (d), by striking ``for the protection,
restoration, and creation of aquatic and ecologically related
habitats'';
(5) by redesignating subsections (e), (f), and (g) as
subsections (g), (i), and (h), respectively;
(6) by inserting after subsection (d) the following:
``(e) Regional Sediment Management Plans.--
``(1) In general.--In consultation and cooperation with the
appropriate Federal, State, and regional agencies, the
Secretary shall develop plans for regional management of
sediment dredged in conjunction with construction, operation,
and maintenance of navigation projects, including potential
beneficial uses for projects described in subsection (a).
``(2) Costs.--The costs of developing a plan under
paragraph (1) shall be paid by the Secretary.
``(f) Priority Areas.--In carrying out this section, the Secretary
shall give priority to regional sediment management projects in the
vicinity of--
``(1) Fire Island Inlet, Suffolk County, New York; and
``(2) Fletcher Cove, California.''; and
(7) in subsection (i) (as redesignated by paragraph (5)),
by striking ``$15,000,000'' and inserting ``$30,000,000''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Effect.--The repeal made by paragraph (1) shall not
affect the authority of the Secretary to complete any project
being carried out under that section on the day before the date
of enactment of this Act.
SEC. 3303. AMERICA'S WETLAND--COASTAL LOUISIANA ECOSYSTEM PROTECTION
AND RESTORATION.
(a) Coastal Louisiana Ecosystem Restoration and Protection Task
Force.--
(1) Establishment.--There is established the Coastal
Louisiana Ecosystem Protection and Restoration Task Force
(referred to in this section as the ``Task Force''), which
shall consist of the following members or their designees (at
the level of Assistant Secretary or an equivalent):
(A) The Secretary, who shall serve as chairperson.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environmental
Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Secretary of Homeland Security.
(I) The Governor of the State of Louisiana.
(2) Duties.--The Task Force shall make recommendations to
the Secretary of the Army regarding--
(A) policies, strategies, plans, programs,
projects, and activities for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem;
(B) financial plans for each of the agencies
represented on the Task Force for funds proposed for
the conservation, protection, restoration, and
maintenance of the coastal Louisiana ecosystem,
including--
(i) recommendations that identify funds
from current agency missions and budgets; and
(ii) recommendations for coordinating
individual agency budget requests; and
(C) submission to Congress of a biennial report
that summarizes the activities of the Task Force.
(3) Procedures and advice.--The Task Force shall--
(A) implement procedures to facilitate public
participation with regard to Task Force activities,
including--
(i) providing advance notice of meetings;
(ii) providing adequate opportunity for
public input and comment;
(iii) maintaining appropriate records; and
(iv) making a record of proceedings
available for public inspection; and
(B) establish such working groups as are necessary
to assist the Task Force in its duties.
(4) Compensation.--No member of the Task Force or any
associated working group shall receive compensation for
services provided as a member of the Task Force or working
group.
(5) Travel expenses.--Travel expenses incurred by a member
of the Task Force, or a member of a working group, in the
performance of services for the Task Force shall be paid by the
agency or entity that the member represents.
(b) Comprehensive Plan.--
(1) In general.--The Secretary of the Army shall, in
cooperation with the non-Federal sponsor, develop a
comprehensive plan for the conservation, protection,
restoration, and maintenance of the coastal Louisiana
ecosystem.
(2) Additional studies, projects, and programs.--In
addition to the studies, projects, and programs developed under
subsections (c) and (d), the comprehensive plan may include
such additional studies, projects, and programs as the
Secretary of the Army determines to be necessary for the
conservation, protection, restoration, and maintenance of the
coastal Louisiana ecosystem.
(3) Features.--The comprehensive plan shall include such
features as are necessary to restore the coastal Louisiana
ecosystem by improving wetland sustainability, habitat
suitability, and water quality.
(4) Submission to congress.--Not later than July 1, 2008,
the Secretary of the Army shall submit to Congress the
comprehensive plan.
(c) Investigations.--
(1) In general.--The Secretary of the Army shall initiate
feasibility studies in accordance with the Report of the Chief
of Engineers on the Louisiana Coastal Area Ecosystem
Restoration Study.
(2) Mississippi river gulf outlet.--The Secretary of the
Army shall develop a plan for modification of the Mississippi
River Gulf outlet that will address navigation interests,
environmental restoration, and threats to life and property.--
(3) Existing federally-authorized water resources
projects.--
(A) In general.--The Secretary of the Army shall
reevaluate existing Federally-authorized water resource
projects in the coastal Louisiana ecosystem in order to
determine whether the projects have the potential to
contribute to ecosystem restoration through revised
operations or modified project features.
(B) Necessary revisions.--If the Secretary of the
Army determines that revision of operations or
modification of project features for existing
Federally-authorized water resources projects is
necessary, those changes shall be implemented through
post-authorization changes by the Secretary or
reauthorization by Congress, as appropriate.
(d) Construction.--
(1) Coastal louisiana ecosystem science and technology
program.--
(A) In general.--There is established a Coastal
Louisiana Ecosystem Science and Technology Program with
an authorization of not to exceed a total of
$100,000,000.
(B) Director.--
(i) In general.--Office of the Director of
the Coastal Louisiana Science and Technology
Program shall be established by the Secretary
of the Army.
(ii) Recommendations.--The Director shall
provide recommendations to the Secretary of the
Army regarding--
(I) development of an annual
program to identify and address science
and technology needs to support
implementation of the Coastal Louisiana
Ecosystem Science and Technology
Program; and
(II) direction and oversight of the
implementation of the annual program
developed in subclause (I) by using the
research capabilities of Federal and
State agencies and academic
institutions.
(C) Duties.--Duties of Program shall include--
(i) assess the effects of coastal
restoration measures;
(ii) develop improved ecosystem,
hydrologic, and economic modeling capabilities
for improved predictions of coastal conditions
concerning habitat changes, land and wetland
loss, storm surges, and economic impacts;
(iii) developing new technologies for
ecosystem restoration activities;
(iv) provide scientific peer review of
program and project outputs;
(v) make recommendations to improve program
and project performance;
(vi) identify and address socioeconomic
consequences of coastal land loss and
restoration activities; and
(vii) ensure the application of adaptive
management principles and practices.
(D) Working groups.--The Director may establish
such working groups as are necessary to assist in the
duties of the Program.
(2) Demonstration projects.--
(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of the Army may conduct projects for
the purpose of resolving critical areas of scientific
or technological uncertainty relating to the
implementation of the Louisiana Coastal Area Ecosystem
Restoration Plan.
(B) Total cost.--The total cost for all
demonstration projects conducted under this subsection
shall not exceed $175,000,000.
(C) Review and approval.--No demonstration project
may be carried out under this subsection without the
review and approval of the Secretary.
(3) Programmatic authority.--
(A) In general.--Subject to the approval of the
Secretary of the Army, projects for conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem recommended in the Report of the
Chief of Engineers are authorized for construction.
(B) Total cost.--The total cost of projects carried
out under this subsection shall not exceed
$775,000,000.
(C) Funds.--There is authorized to be appropriated
such sums as are necessary to carry out this paragraph.
(4) Increased beneficial use of dredged material.--The
Secretary of the Army shall implement a program for the
beneficial use of material dredged from federally maintained
waterways in the Louisiana Coastal Area with an authorization
of not to exceed a total of $100,000,000.
(e) Cost Sharing.--
(1) In general.--The non-Federal sponsor share of the cost
of implementing a project under this section (including
operations, maintenance, monitoring, repair, replacement, and
rehabilitation of projects) shall be 25 percent.
(2) Form.--After the obligations of the non-Federal sponsor
to provide all land, easements, rights-of-way, relocations, and
disposal areas are fulfilled, the non-Federal sponsor may
provide the balance of the non-Federal share through the
provision of services, materials, and other in-kind services
that the Secretary determines to be integral to the program.
(3) Credit.--
(A) In general.--The fair market value of land or
interests in land and incidental costs for land
acquired or provided by the non-Federal sponsor in
accordance with decision documents for any project
implemented under subsection (d) shall be--
(i) included in the total cost of the
project; and
(ii) credited toward the non-Federal share
of the cost of the project.
(B) Services, materials, and other in-kind
services.--The Secretary of the Army may provide credit
(including in-kind credit) toward the non-Federal share
for the reasonable cost of any work performed in
connection with implementation of subsection (d) that
is necessary for the implementation of subsection (d)
if--
(i) the work is defined in an agreement
between the Secretary of the Army and the non-
Federal sponsor;
(ii) the governing agreement prescribes the
terms and conditions of the credit; and
(iii) the Secretary of the Army determines
that the work performed by the non-Federal
sponsor is integral to the program.
(C) Treatment of credit between program elements.--
Any credit provided under this paragraph may be carried
over between authorized program elements in accordance
with subparagraph (D).
(D) Periodic monitoring.--
(i) In general.--To ensure that the
contributions of the non-Federal sponsor equal
its 25 percent proportionate share for program
elements, during each 5-year period, beginning
with commencement of program implementation,
the Secretary of the Army shall, for each
program element--
(I) monitor the non-Federal
provision of cash, services, materials,
and other in-kind services, and land,
easements, rights-of-way, relocations,
and disposal areas; and
(II) manage, to the extent
practicable, the requirement of the
non-Federal sponsor to provide cash,
services, materials, and other in-kind
services, and land, easements, rights-
of-way, relocations, and disposal
areas.
(ii) Other monitoring.--
(I) In general.--The Secretary of
the Army shall conduct monitoring under
clause (i) separately for the
construction phase and the
preconstruction engineering and design
phase.
(II) Preconstruction engineering
and design phase.--The monitoring for
the preconstruction engineering and
design phase shall include activities
relating to the Coastal Louisiana
Ecosystem Science and Technology
Program.
(E) Audits.--Credit for land, easements, rights-of-
way, relocations, and disposal areas (including land
value and incidental costs) or work provided under this
subsection shall be subject to audit by the Secretary
of the Army.
(f) Project Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out any activity authorized under this
section or any other provision of law to conserve, protect,
restore, or maintain the coastal Louisiana ecosystem, the
Secretary of the Army may determine that--
(A) the activity is justified by the environmental
benefits derived by the coastal Louisiana ecosystem;
and
(B) no further economic justification for the
activity is required, if the Secretary of the Army
determines that the activity is cost-effective.
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the conservation, protection,
restoration, or maintenance of the natural system.
(g) Consistency.--In implementing, maintaining, modifying, or
rehabilitating Federally-authorized water resources projects in the
coastal Louisiana ecosystem, the Secretary of the Army shall ensure
that such actions are consistent with the purposes of plans, projects,
and programs developed and implemented pursuant to this section.
(h) Application of the Federal Advisory Committee Act.--
(1) Task force.--The Task Force and any working groups
associated with the Task Force shall not be considered advisory
committees under the Federal Advisory Committee Act (5 U.S.C.
App.).
(2) Program.--The Coastal Louisiana Ecosystem Science and
Technology Program and any boards, committees, or working
groups associated with the Program shall not be considered
advisory committees under the Federal Advisory Committee Act (5
U.S.C. App.).
CHAPTER 2--STUDIES
SEC. 3311. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.
Section 414 of the Water Resources Development Act of 2000 (114
Stat. 2636) is amended by striking ``32 months'' and inserting ``44
months''.
SEC. 3312. COASTAL WETLAND CONSERVATION PROJECT FUNDING.
(a) Funding.--Section 306 of the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3955) is amended--
(1) in subsection (a), by striking ``, not to exceed
$70,000,000,'';
(2) in subsection (b), by striking ``, not to exceed
$15,000,000''; and
(3) in subsection (c), by striking ``, not to exceed
$15,000,000,''.
(b) Period of Authorization.--Section 4(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended in the second
sentence by striking ``2009'' and inserting ``2019''.
CHAPTER 3--PROJECTS
Subchapter A--Authorizations
SEC. 3321. MORGANZA, LOUISIANA TO THE GULF OF MEXICO.
(a) In General.--The Secretary may carry out the project for
hurricane and storm damage reduction, Morganza, Louisiana, to the Gulf
of Mexico, including Reach J as referred to in section 158 of Public
Law 108-137 (117 Stat. 1846), substantially in accordance with the
Report of the Chief of Engineers dated August 23, 2002, as supplemented
by the Report of the Chief of Engineers dated July 22, 2003, at a total
cost of $719,000,000, with an estimated Federal cost of $467,000,000
and non-Federal cost of $252,000,000.
(b) Operation and Maintenance.--The Federal Government shall be
responsible for operation and maintenance and repair, replacement, and
rehabilitation of the Gulf Intracoastal Waterway floodgates and the
lock, floodgate, and associated structures on the Houma Navigation
Canal.
SEC. 3322. NEW JERSEY SHORE PROTECTION, MANASQUAN INLET TO BARNEGAT
INLET, NEW JERSEY.
(a) In General.--The Secretary may carry out the project for shore
protection and hurricane and storm damage reduction, Manasquan Inlet to
Barnegat Inlet, New Jersey: Report of the Engineers dated December 30,
2003, at a total initial cost of $62,377,000, with an estimated Federal
cost of $40,546,000 and an estimated non-Federal cost of $21,831,000,
and with an estimated average annual cost of $1,911,000 for periodic
nourishment over a period of 50 years, which shall be undertaken at
intervals not to exceed 4 years.
(b) Non-Federal Share.--The non-Federal share of the cost of the
periodic nourishment shall be 50 percent.
SEC. 3323. SOUTH RIVER, NEW JERSEY.
The Secretary is authorized to carry out 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 $105,437,000, with an estimated Federal cost of
$68,534,000 and an estimated non-Federal cost of $36,903,000.
SEC. 3324. MONTAUK POINT, NEW YORK.
If a favorable final report of the Chief of Engineers for the
project is completed not later than December 31, 2004, the Secretary
may carry out a project for hurricane and storm damage reduction,
Montauk Point, Suffolk County, New York--
(1) substantially in accordance with the plans, and subject
to the conditions, recommended in the final report of the Chief
of Engineers; and
(2) at a total cost of $12,000,000, with an estimated
Federal cost of $7,800,000 and an estimated non-Federal cost of
$4,200,000.
Subchapter B--Modifications
SEC. 3331. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
(a) Extension of Program.--Section 5(a) of the Act of August 13,
1946 (33 U.S.C. 426h(a)), is amended by striking ``6 years'' and
inserting ``10 years''.
(b) Extension of Planning, Design, and Construction Phase.--Section
5(b)(1)(A) of the Act of August 13, 1946 (33 U.S.C. 426h(b)(1)(A)) is
amended by striking ``3 years'' and inserting ``6 years''.
SEC. 3332. IMPERIAL BEACH, CALIFORNIA.
The project for beach erosion, San Diego County, California,
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat.
300), is modified to authorize the Secretary to carry out the project
substantially in accordance with the Report of the Chief of Engineers
for Silver Shoreline, Imperial Beach, California, dated December 30,
2003, at a total cost of $48,264,000, with an estimated Federal cost of
$25,759,000 and an estimated non-Federal cost of $22,505,000.
SEC. 3333. ORCHARD BEACH, BRONX, NEW YORK.
Section 554 of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended by striking ``$5,200,000'' and inserting
``$18,200,000''.
Subchapter C--Deauthorizations
SEC. 3341. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.
The project for erosion protection and recreation, Fort Livingston,
Grande Terre Island, Louisiana, authorized by the Act of August 13,
1946 (33 U.S.C. 426e et seq.), is not authorized.
SEC. 3342. MAUMEE BAY, LAKE ERIE, OHIO.
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), is not authorized.
TITLE IV--ECOSYSTEM RESTORATION AND ENVIRONMENTAL REMEDIATION PROGRAM
Subtitle A--Ecosystem Restoration
CHAPTER 1--GENERAL PROVISIONS
SEC. 4001. STATEMENT OF POLICY.
(a) In General.--The environment has been a priority of the Civil
Works Program since the passage of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Program.--The program under this title--
(1) emphasizes--
(A) environmental protection;
(B) restoration and management through stewardship;
(C) ecosystem restoration;
(D) mitigation;
(E) environmental compliance;
(F) reclamation of abandoned mines; and
(G) research and development activities; and
(2) includes--
(A) cleaning up former military sites;
(B) land contaminated with nuclear waste; and
(C) hazardous waste sites.
SEC. 4002. ECOSYSTEM RESTORATION BENEFITS.
For the following projects, the Corps of Engineers shall include
ecosystem restoration benefits in the calculation of benefits for the
project:
(1) Grayson's Creek, California.
(2) Seven Oaks, California.
(3) Oxford, California.
(4) Walnut Creek, California.
(5) Wildcat Phase II, California.
CHAPTER 2--CONTINUING AUTHORITIES PROGRAMS
SEC. 4101. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT,
ILLINOIS.
(a) Existing Barrier.--The Secretary shall upgrade and make
permanent, at full Federal expense, the existing Chicago Sanitary and
Ship Canal Dispersal Barrier Chicago, Illinois, constructed as a
demonstration project under section 1202(i)(3) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)(3)).
(b) New Barrier.--Notwithstanding the project cooperation agreement
dated November 21, 2003, with the State of Illinois, the Secretary
shall construct, at full Federal expense, the Chicago Sanitary and Ship
Canal Dispersal Barrier currently being implemented under section 1135
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
(c) Operation and Maintenance.--The Chicago Sanitary and Ship Canal
Dispersal Barriers described in subsections (a) and (b) shall be
operated and maintained, at full Federal expense, as a system in a
manner to optimize effectiveness.
SEC. 4102. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION, NEW
HAMPSHIRE AND VERMONT.
(a) General Management Plan Development.--
(1) The Secretary, in cooperation with the Secretary of
Agriculture and in consultation with the States of Vermont and
New Hampshire and the Connecticut River Joint Commission, shall
conduct a study and develop a general management plan for
ecosystem restoration of the Upper Connecticut River ecosystem
for the purposes of--
(A) habitat protection and restoration;
(B) streambank stabilization;
(C) restoration of stream stability;
(D) water quality improvement;
(E) invasive species control;
(F) wetland restoration;
(G) fish passage; and
(H) natural flow restoration.
(2) Existing plans.--In developing the general management
plan, the Secretary shall depend heavily on existing plans for
the restoration of the Upper Connecticut River.
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in any
critical restoration project in the Upper Connecticut River
Basin in accordance with the general management plan developed
under subsection (a).
(2) Eligible projects.--A critical restoration project
shall be eligible for assistance under this section if the
project--
(A) meets the purposes described in the general
management plan developed under subsection (a); and
(B) with respect to the Upper Connecticut River and
Upper Connecticut River watershed, consists of--
(i) bank stabilization of the main stem,
tributaries, and streams;
(ii) wetland restoration and migratory bird
habitat restoration;
(iii) soil and water conservation;
(iv) restoration of natural flows;
(v) restoration of stream stability;
(vi) implementation of an intergovernmental
agreement for coordinating ecosystem
restoration, fish passage installation,
streambank stabilization, wetland restoration,
habitat protection and restoration, or natural
flow restoration;
(vii) water quality improvement;
(viii) invasive species control;
(ix) wetland restoration and migratory bird
habitat restoration;
(x) improvements in fish migration; and
(vii) conduct of any other project or
activity determined to be appropriate by the
Secretary.
(c) Cost Sharing.--The Federal share of the cost of any project
carried out under this section shall not be less than 65 percent.
(d) Non-Federal Interest.--A nonprofit organization may serve as
the non-Federal interest for a project carried out under this section.
(e) Crediting.--
(1) For work.--The Secretary shall provide credit,
including credit for in-kind contributions of up to 100 percent
of the non-Federal share, for work (including design work and
materials) if the Secretary determines that the work performed
by the non-Federal interest is integral to the product.
(2) For other contributions.--The non-Federal interest
shall receive credit for land, easements, rights-of-way,
dredged material disposal areas, and relocations necessary to
implement the projects.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into 1 or more cooperative agreements to provide
financial assistance to appropriate Federal, State, or local
governments or nonprofit agencies, including assistance for the
implementation of projects to be carried out under subsection (b).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
SEC. 4103. STUDY OF WATER RESOURCE NEEDS AND DEVELOPMENT OF A
HYDROLOGIC MODEL OF THE CONNECTICUT RIVER BASIN, VERMONT,
NEW HAMPSHIRE, MASSACHUSETTS, AND CONNECTICUT.
(a) In General.--The Secretary, in consultation with appropriate
Federal, State, interstate, and local agencies, may study the water
resource needs of the Connecticut River Basin to develop a hydrologic
model of the Connecticut River and its tributaries.
(b) Components.--The Secretary should include in the water
resources study under subsection (a)--
(1) the present and historical flow regime of the
Connecticut River and its tributaries;
(2) the hydrodynamic and hydrologic characteristics of the
Connecticut River basin (including the mainstem and
tributaries), before and after the construction of dams, water
withdrawals, and other alterations to the River;
(3) the impact of those alterations on the flow regime of
the River;
(4) the development of monitoring protocols to assist
resource managers in gauging the impact of decisions on the
water resources and the aquatic living resources of the
Connecticut River basin; and
(5) such other information as the Secretary determines to
be necessary to fully develop the hydrologic model required
under subsection (a).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out the study and developing the hydrologic model
under subsection (a) shall be not less than 65 percent.
(2) Non-federal interests.--A nonprofit entity may serve as
the non-Federal interest for the study under subsection (a).
(3) Credit.--The Secretary shall provide credit, including
in-kind credit that is not more than 100 percent of the non-
Federal share, if the Secretary determines that the work
performed by the non-Federal sponsor is integral to the
project.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 4104. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, NEW
HAMPSHIRE AND VERMONT.
(a) In General.--The Secretary, in cooperation with the States of
Vermont and New Hampshire, shall carry out a study and develop a
strategy for the use of wetland restoration, soil and water
conservation practices, and nonstructural measures to reduce flood
damage, improve water quality, and create wildlife habitat in the Upper
Connecticut River watershed.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of the
study and development of the strategy under subsection (a)
shall be 65 percent.
(2) Non-federal share.--The non-Federal share of the cost
of the study and development of the strategy may be provided
through the contribution of in-kind services and materials.
(c) Non-Federal Interest.--A nonprofit organization with wetland
restoration experience may serve as the non-Federal interest for the
study and development of the strategy under this section.
(d) Cooperative Agreements.--In conducting the study and developing
the strategy under this section, the Secretary may enter into 1 or more
cooperative agreements to provide technical assistance to appropriate
Federal, State, and local agencies and nonprofit organizations with
wetland restoration experience, including assistance for the
implementation of wetland restoration projects and soil and water
conservation measures.
(e) Implementation.--The Secretary shall carry out development and
implementation of the strategy under this section in cooperation with
local landowners and local government officials.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000,000, to remain
available until expended.
SEC. 4105. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION,
OREGON.
(a) In General.--The Secretary shall conduct studies and ecosystem
restoration projects for the upper Willamette River watershed from
Albany, Oregon, to the headwaters of the Willamette River and
tributaries.
(b) Consultation.--The Secretary shall carry out ecosystem
restoration projects under this section for the Upper Willamette River
watershed in consultation with the Governor of the State of Oregon, the
heads of appropriate Indian tribes, the Environmental Protection
Agency, the United States Fish and Wildlife Service, the National
Marine Fisheries Service, the Bureau of Land Management, the Forest
Service, and local entities.
(c) Authorized Activities.--In carrying out ecosystem restoration
projects under this section, the Secretary shall undertake activities
necessary to protect, monitor, and restore fish and wildlife habitat.
(d) Cost Sharing Requirements.--
(1) Studies.--Studies conducted under this section shall be
subject to cost sharing in accordance with section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330).
(2) Ecosystem restoration projects.--
(A) In general.--Non-Federal interests shall pay 35
percent of the cost of any ecosystem restoration
project carried out under this section.
(B) Items provided by non-federal interests.--
(i) In general.--Non-Federal interests
shall provide all land, easements, rights-of-
way, dredged material disposal areas, and
relocations necessary for ecosystem restoration
projects to be carried out under this section.
(ii) Credit toward payment.--The value of
the land, easements, rights-of-way, dredged
material disposal areas, and relocations
provided under clause (i) shall be credited
toward the payment required under this
subparagraph (A).
(C) In-kind contributions.--100 percent of the non-
Federal share required under this subparagraph (A) may
be satisfied by the provision of in-kind contributions.
(3) Operations and maintenance.--Non-Federal interests
shall be responsible for all costs associated with operating,
maintaining, replacing, repairing, and rehabilitating all
projects carried out under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 4106. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.
The Secretary shall--
(1) determine, at full Federal expense, the feasibility of
a dispersal barrier project at the Lake Champlain Canal; and
(2) if it is determined to be feasible, construct,
maintain, and operate the dispersal barrier at full Federal
expense.
SEC. 4107. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542 of the Water Resources Development Act of 2000 (42
Stat. 2671) is amended--
(1) in subsection (b)(2)
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) by redesignating subparagraph (E) as
subparagraph (G); and
(C) by inserting after subparagraph (D) the
following:
``(E) river corridor assessment, protection,
management, and restoration for the purposes of
ecosystem restoration;
``(F) geographic mapping conducted by the Secretary
using existing technical capacity to produce a high-
resolution, multispectral satellite imagery-based land
use and cover data set; or''; and
(2) in subsection (g), by striking ``$20,000,000'' and
inserting ``$32,000,000''.
SEC. 4108. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(113 Stat. 378) is amended by striking ``$12,000,000'' and inserting
``$22,000,000''.
SEC. 4109. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC AND
RIPARIAN ECOSYSTEMS PROGRAM.
Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF AQUATIC
AND RIPARIAN ECOSYSTEMS PROGRAM.'';
(2) in subsection (a), by striking ``an aquatic'' and
inserting ``a freshwater aquatic''; and
(3) in subsection (e), by striking ``$25,000,000'' and
inserting ``$75,000,000''.
SEC. 4110. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND
RESTORATION OF ECOSYSTEMS PROGRAM.
Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR IMPROVEMENT AND
RESTORATION OF ECOSYSTEMS PROGRAM.'';
and
(2) in subsection (h), by striking ``25,000,000'' and
inserting ``$50,000,000''.
SEC. 4111. PROJECTS TO ENHANCE ESTUARIES AND COASTAL HABITATS.
(a) General Authority.--The Secretary may carry out an estuary
habitat restoration project if the Secretary determines that the
project--
(1) will improve the elements and features of an estuary
(as defined in section 103 of the Estuaries and Clean Waters
Act of 2000 (33 U.S.C. 2902));
(2) is in the public interest; and
(3) is cost-effective.
(b) Cost Sharing.--The non-Federal share of the cost of
construction of any project carried out under this section--
(1) shall be 35 percent; and
(2) shall include provision of all land, easements, rights-
of-way, and necessary relocations.
(c) Agreements.--Construction of a project under this section shall
be commenced only after a non-Federal interest has entered into a
binding agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
construction required under subsection (b); and
(2) to pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs of the project, in
accordance with regulations promulgated by the Secretary.
(d) Cost Limitation.--Not more than $5,000,000 in Federal funds may
be allocated under this section for a project at any 1 location.
(e) Funding.--There is authorized to be appropriated to carry out
this section $25,000,000 for each fiscal year.
CHAPTER 3--STUDY MODIFICATIONS
SEC. 4201. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.
(a) In General.--The Secretary shall complete work as expeditiously
as practicable on the San Pablo watershed, California, study authorized
under section 209 of the Flood Control Act of 1962 (76 Stat. 1196) to
determine the feasibility of opportunities for restoring, preserving,
and protecting the San Pablo Bay Watershed.
(b) Report.--Not later than March 31, 2008, the Secretary shall
submit to Congress a report that describes the results of the study.
CHAPTER 4--PROJECTS
Subchapter A--Authorizations
SEC. 4301. MATILIJA DAM, VENTURA COUNTY, CALIFORNIA.
The Secretary may carry out the project for ecosystem restoration,
Matilija Dam and Ventura River Watershed, Ventura County, California,
at a total estimated cost of $130,335,000, with an estimated Federal
cost of $78,972,750 and an estimated non-Federal cost of $51,362,250,
if a favorable final report of the Chief for the project is completed
not later than December 31, 2004.
SEC. 4302. NAPA RIVER SALT MARSH, CALIFORNIA.
The Secretary may carry out the project for ecosystem restoration,
Napa River Salt Marsh, California, at a total estimated cost of
$100,500,000, with an estimated Federal cost of $64,000,000 and an
estimated non-Federal cost of $36,500,000, if a favorable final report
of the Chief for the project is completed not later than December 31,
2004.
SEC. 4303. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.
(a) Cooperative Program.--
(1) In general.--The Secretary shall participate with
appropriate State and local agencies in the implementation of a
cooperative program to improve and manage fisheries and aquatic
habitat conditions in Pine Flat Reservoir and in the 14-mile
reach of the Kings River immediately below Pine Flat Dam,
California, in a manner that--
(A) provides for long-term aquatic resource
enhancement; and
(B) avoids adverse effects on water storage and
water rights holders.
(2) Goals and principles.--The cooperative program
described in paragraph (1) shall be carried out--
(A) substantially in accordance with the goals and
principles of the document entitled ``Kings River
Fisheries Management Program Framework Agreement'' and
dated May 29, 1999, between the California Department
of Fish and Game and the Kings River Water Association
and the Kings River Conservation District; and
(B) in cooperation with the parties to that
agreement.
(b) Participation by Secretary.--
(1) In general.--In furtherance of the goals of the
agreement described in subsection (a)(2)(A), the Secretary
shall participate in the planning, design, and construction of
projects and pilot projects on the Kings River and its
tributaries to enhance aquatic habitat and water availability
for fisheries purposes (including maintenance of a trout
fishery) in accordance with flood control operations, water
rights, and beneficial uses in existence as of the date of
enactment of this Act.
(2) Projects.--Projects referred to in paragraph (1) may
include--
(A) projects to construct or improve pumping,
conveyance, and storage facilities to enhance water
transfers; and
(B) projects to carry out water exchanges and
create opportunities to use floodwater within and
downstream of Pine Flat Reservoir.
(c) No Authorization of Certain Dam-Related Projects.--Nothing in
this section authorizes any project for the raising of Pine Flat Dam or
the construction of a multilevel intake structure at Pine Flat Dam.
(d) Use of Existing Studies.--In carrying out this section, the
Secretary shall use, to the maximum extent practicable, studies in
existence on the date of enactment of this Act, including data and
environmental documentation in the document entitled ``Final
Feasibility Report and Report of the Chief of Engineers for Pine Flat
Dam Fish and Wildlife Habitat Restoration'' and dated July 19, 2002.
(e) Cost Sharing.--
(1) Project planning, design, and construction.--The
Federal share of the cost of planning, design, and construction
of a project under subsection (b) shall be 65 percent.
(2) Non-federal share.--
(A) Credit for land, easements, and rights-of-
way.--The Secretary shall credit toward the non-Federal
share of the cost of construction of any project under
subsection (b) the value, regardless of the date of
acquisition, of any land, easements, rights-of-way,
dredged material disposal areas, or relocations
provided by the non-Federal interest for use in
carrying out the project.
(B) Form.--The non-Federal interest may provide not
more than 50 percent of the non-Federal share required
under this subsection in the form of services,
materials, supplies, or other in-kind contributions.
(f) Operation and Maintenance.--The operation, maintenance, repair,
rehabilitation, and replacement of projects carried out under this
section shall be a non-Federal responsibility.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
SEC. 4304. SOUTH PLATTE RIVER, DENVER, COLORADO.
The Secretary may carry out the project for environmental
restoration, Denver County Reach, South Platte River, Denver, Colorado,
in accordance with the Report of the Chief of Engineers dated May 16,
2003, at a total cost of $17,997,000, with an estimated Federal cost of
$11,698,000 and an estimated non-Federal cost of $6,299,000, if a
favorable final report of the Chief for the project is completed not
later than December 31, 2004.
SEC. 4305. SMITH ISLAND, MARYLAND.
The Secretary may carry out the project for environmental
restoration, Smith Island, Somerset County, Maryland, at a total cost
of $14,500,000, with an estimated Federal cost of $9,425,000 and an
estimated non-Federal cost of $5,075,000, substantially in accordance
with the plans, and subject to the conditions, recommended in the final
report of the Chief of Engineers dated October 29, 2001.
SEC. 4306. JAMAICA BAY, MARINE PARK AND PLUMB BEACH, QUEENS AND
BROOKLYN, NEW YORK.
The Secretary may carry out a project for environmental
restoration, Jamaica Bay, Queens and Brooklyn, New York, at a total
estimated cost of $180,000,000, with an estimated Federal cost of
$117,000,000 and an estimated non-Federal cost of $63,000,000,
substantially in accordance with the plans, and subject to the
conditions, recommended in a final report of the Chief of Engineers, if
a favorable report of the Chief is completed not later than December
31, 2004.
SEC. 4307. RIVERSIDE OXBOW, FORT WORTH, TEXAS.
The Secretary may carry out the project for environmental
restoration, Riverside Oxbow, Fort Worth, Texas contained in the report
of the Chief of Engineers dated May 29, 2003, to carry out the project
at a total cost of $22,200,000, with an estimated Federal cost of
$9,180,000 and an estimated non-Federal cost of $13,020,000.
Subchapter B--Modifications
SEC. 4321. HAMILTON AIRFIELD, CALIFORNIA.
The project for environmental restoration, Hamilton Airfield,
California, authorized by section 101(b)(3) of the Water Resources
Development Act of 1999 (113 Stat. 279), is modified to include the
diked bayland parcel known as ``Bel Marin Keys Unit V '' at an
estimated total cost of $192,900,000, with an estimated Federal cost of
$144,600,000 and an estimated non-Federal cost of $48,300,000, as part
of the project to be carried out by the Secretary substantially in
accordance with the plans, and subject to conditions, recommended in a
final report of the Chief of Engineers, if a favorable final report of
the Chief is completed not later than December 31, 2004.
SEC. 4322. IMPLEMENTATION OF PROJECTS FUNDED BY THE SOUTHERN NEVADA
PUBLIC LANDS MANAGEMENT ACT, LAKE TAHOE BASIN, CALIFORNIA
AND NEVADA.
(a) In General.--The Secretary may establish a program to provide
environmental assistance to non-Federal interests in the Lake Tahoe
Basin, California and Nevada.
(b) Form.--Assistance provided under this section may be in the
form of planning, design, or construction assistance for any project
with a Federal responsibility (as defined by the Tahoe Regional
Planning Agency in carrying out the environment improvement program of
the Agency in the Lake Tahoe Basin).
(c) Implementation of Projects.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Local Cooperative Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into a local
cooperative agreement with a non-Federal interest to provide
for design and construction of the project.
(2) Requirements.--A local cooperative agreement entered
into under this subsection shall provide for--
(A) development by the Secretary, in consultation
with the appropriate Federal, State, and regional
offices, of appropriate environmental documentation and
engineering plans and specifications; and
(B) establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) Construction.--The Federal share of the cost of
construction of a project under a local cooperative
agreement entered into under this subsection--
(i) shall be equivalent to the Federal
share required under the environmental
improvement program of the Tahoe Regional
Planning Agency; and
(ii) may be in the form of grants or
reimbursement of project costs (including
reasonable costs of project initiation).
(B) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for a project
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) Funding.--The Secretary shall use such sums made available
under the Southern Nevada Public Lands Management Act (Public Law 105-
263; 112 Stat. 2343) as are necessary to carry out this section.
SEC. 4323. DELMARVA CONSERVATION CORRIDOR, DELAWARE.
(a) Ex Officio Member.--Notwithstanding section 3001(a) of the 1997
Emergency Supplemental Appropriations Act for Recovery From Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (111 Stat. 176), section 2.2 of the Susquehanna River Basin
Compact (Public Law 91-575; 84 Stat. 1512), and section 2.2 of the
Delaware River Basin Compact (Public Law 87-328; 75 Stat. 691), for
fiscal year 2005 and each fiscal year thereafter, the Division
Engineer, North Atlantic Division, Corps of Engineers--
(1) shall be the ex officio United States member under the
Susquehanna River Basin Compact and the Delaware River Basin
Compact;
(2) shall serve without additional compensation; and
(3) may designate an alternate member or members in
accordance with the terms of the compacts, respectively.
(b) Authorization To Allocate.--The Secretary shall allocate funds
to the Susquehanna River Basin Commission established under the
Susquehanna River Basin Compact (Public Law 91-575), and the Interstate
Commission on the Potomac River Basin established under the Potomac
River Basin Compact (Public Law 91-407; 84 Stat. 856), to fulfill the
equitable funding requirements of the compacts, respectively.
(c) Water Supply and Conservation Storage.--
(1) In general.--The Secretary shall enter into an
agreement with 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.
(2) Cost of water storage.--The agreement shall provide
that the cost charged for any water storage under the agreement
shall not exceed the incremental operating costs associated
with providing the storage.
SEC. 4324. ALLATOONA LAKE, GEORGIA.
(a) Land Exchange.--
(1) In general.--The Secretary may exchange land above 863
feet in elevation at Allatoona Lake, Georgia, identified in the
Real Estate Design Memorandum prepared by the Mobile district
engineer, April 5, 1996, and approved October 8, 1996, for land
on the north side of Allatoona Lake that is required for
wildlife management and protection of the water quality and
overall environment of Allatoona Lake.
(2) Terms and conditions.--The basis for all land exchanges
under this subsection shall be a fair market appraisal to
ensure that land exchanged is of equal value.
(b) Disposal and Acquisition of Land, Allatoona Lake, Georgia.--
(1) In general.--The Secretary may--
(A) sell land above 863 feet in elevation at
Allatoona Lake, Georgia, identified in the memorandum
referred to in subsection (a)(1); and
(B) use the proceeds of the sale, without further
appropriation, to pay costs associated with the
purchase of land required for wildlife management and
protection of the water quality and overall environment
of Allatoona Lake.
(2) Terms and conditions.--
(A) Willing sellers.--Land acquired under this
subsection shall be by negotiated purchase from willing
sellers only.
(B) Basis.--The basis for all transactions under
this subsection shall be a fair market value appraisal
acceptable to the Secretary.
(C) Sharing of costs.--Each purchaser of land under
this subsection shall share in the associated
environmental and real estate costs of the purchase,
including surveys and associated fees in accordance
with the memorandum referred to in subsection (a)(1).
(D) Other conditions.--The Secretary may impose on
the sale and purchase of land under this subsection
such other conditions as the Secretary determines to be
appropriate.
(c) Repeal.--Section 325 of the Water Resources Development Act of
1992 (106 Stat. 4849) is repealed.
SEC. 4325. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The public access features of the Atchafalaya Basin Floodway
System, Louisiana, project, authorized by the section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4142), is modified
to authorize the Secretary to acquire from willing sellers the fee
interest, exclusive of oil, gas, and minerals, of an additional 20,000
acres of land in the Lower Atchafalaya Basin Flood 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.
SEC. 4326. MISSOURI RIVER RESTORATION, NORTH DAKOTA.
Section 707(a) of the Water Resources Act of 2000 (114 Stat. 2699)
is amended in the first sentence by striking ``2005'' and inserting
``2010''.
SEC. 4327. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
Section 567 if the Water Resources Development Act of 1996 (110
Stat. 3787) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Cooperation Agreements.--
``(1) In general.--In conducting the study and implementing
the strategy under this section, the Secretary shall enter into
cost-sharing and project cooperation agreements with the
Federal Government, State and local governments (with the
consent of the State and local governments), land trusts, or
nonprofit, nongovernmental organizations with expertise in
wetland restoration.
``(2) Financial assistance.--Under the cooperation
agreement, the Secretary may provide assistance for
implementation of wetland restoration projects and soil and
water conservation measures.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Implementation of Strategy.--
``(1) In general.--The Secretary shall carry out the
development, demonstration, and implementation of the strategy
under this section in cooperation with local landowners, local
government officials, and land trusts.
``(2) Goals of projects.--Projects to implement the
strategy under this subsection shall be designed to take
advantage of ongoing or planned actions by other agencies,
local municipalities, or nonprofit, nongovernmental
organizations with expertise in wetland restoration that would
increase the effectiveness or decrease the overall cost of
implementing recommended projects.''.
SEC. 4328. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS,
SOUTH DAKOTA.
Section 604 of the Water Resources Development Act of 1999 (113
Stat. 389) is amended by striking subsection (c) and inserting the
following:
``(c) Investments.--The Secretary of the Treasury, in consultation
with the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe,
shall invest the amounts deposited under subsection (b)--
``(1) in interest-bearing obligations of the United States;
or
``(2) in obligations guaranteed as to both principal and
interest by the United States; or
``(3) in such other investment options as are considered to
be appropriate by the Secretary of the Treasury, in
consultation with the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.''.
SEC. 4329. MISSOURI RIVER RESTORATION.
(a) Representation of Rural Water Systems.--Section 904(b)(1)(B) of
the Water Resources Development Act of 2000 (114 Stat. 2708) is
amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) rural water systems; and''.
(b) Reauthorization.--Section 907(a) of the Water Resources
Development Act of 2000 (114 Stat. 2712) is amended in the first
sentence by striking ``2005'' and inserting ``2010''.
SEC. 4330. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
Section 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''.
SEC. 4331. LAKE CHAMPLAIN EURASIAN MILFOIL AND WATER CHESTNUT CONTROL,
VERMONT.
Under authority of section 104 of the River and Harbor Act of 1958
(33 U.S.C. 610), the Secretary shall revise the existing General Design
Memorandum to permit the use of chemical means of control, when
appropriate, of Eurasian milfoil and water chestnuts in the Lake
Champlain basin, Vermont.
SEC. 4332. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND MARYLAND.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) in paragraph (1)--
(A) in the second sentence, by striking
``$20,000,000'' and inserting ``$50,000,000''; and
(B) in the third sentence, by striking ``Such
projects'' and inserting the following:
``(2) Inclusions.--Such projects'';
(3) by striking paragraph (2)(D) (as redesignated by
paragraph (2)(B)) and inserting the following:
``(D) the restoration and rehabilitation of habitat
for fish, including native oysters, in the Chesapeake
Bay and its tributaries in Virginia and Maryland,
including--
``(i) the construction of oyster bars and
reefs;
``(ii) the rehabilitation of existing
marginal habitat;
``(iii) the use of appropriate alternative
substrate material in oyster bar and reef
construction;
``(iv) the construction and upgrading of
oyster hatcheries; and
``(v) activities relating to increasing the
output of native oyster broodstock for seeding
and monitoring of restored sites to ensure
ecological success.
``(3) Restoration and rehabilitation activities.--The
restoration and rehabilitation activities described in
paragraph (2)(D) shall be--
``(A) for the purpose of establishing permanent
sanctuaries and harvest management areas; and
``(B) consistent with plans and strategies for
guiding the restoration of the Chesapeake Bay oyster
resource and fishery.''; and
(4) by adding at the end the following:
``(5) Definition of ecological success.--In this
subsection, the term `ecological success' means--
``(A) achieving a tenfold increase in native oyster
biomass by the year 2010, from a 1994 baseline; and
``(B) the establishment of a sustainable fishery as
determined by a broad scientific and economic
consensus.''.
SEC. 4333. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--
(1) in paragraph (18), by striking ``and'' at the end;
(2) in paragraph (19), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(20) Kinkaid Lake, Jackson County, Illinois, removal of
silt and aquatic growth and measures to address excessive
sedimentation;
``(21) Lake Sakakawea, North Dakota, removal of silt and
aquatic growth and measures to address excessive sedimentation;
``(22) Lake Morley, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation; and
``(23) Lake Fairlee, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation.''.
Subchapter C--Deauthorizations
SEC. 4351. DEAUTHORIZATION OF PROJECTS.
As of the date of enactment of this Act, the projects and portions
of projects described in this subchapter are not authorized.
SEC. 4352. DOG RIVER PILOT PROJECT, ALABAMA.
As of the date of enactment of this Act, the project for ecosystem
restoration, Dog River Pilot Project, Alabama, authorized by section
518 of the Water Resources Development Act of 1999 (113 Stat. 345), is
not authorized.
SEC. 4353. CENTRAL AND SOUTHERN FLORIDA, EVERGLADES NATIONAL PARK,
FLORIDA.
As of the date of enactment of this Act, the project to modify the
Central and Southern Florida project to improve water supply to the
Everglades National Park, Florida, authorized by section 203 of the
Flood Control Act of 1954 (68 Stat. 1257) and the Flood Control Act
of 1968 (Public Law 90-483; 82 Stat. 740), is not authorized.
Subtitle B--Environmental Remediation
SEC. 4401. REMEDIATION OF ABANDONED MINE SITES.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336; 113 Stat. 354-355) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (a) through (e) as
subsections (b) through (f), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definition of Non-Federal Interest.--In this section, the
term `non-Federal interest' includes, with the consent of the affected
local government, nonprofit entities, notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).'';
(4) in subsection (b) (as redesignated by paragraph (2)),
by--
(A) by inserting ``, and construction'' before
``assistance''; and
(B) by inserting ``, including, with the consent of
the affected local government, nonprofit entities,''
after ``non-Federal interests'';
(5) in paragraph (3) of subsection (c) (as redesignated by
paragraph (2))--
(A) by inserting ``physical hazards and'' after
``adverse''; and
(B) by striking ``drainage from'';
(6) in subsection (d) (as redesignated by paragraph (2)),
by striking ``50'' and inserting ``25''; and
(7) by adding at the end the following:
``(g) Operation and Maintenance.--The non-Federal share of the
costs of operation and maintenance for a project carried out under this
section shall be 100 percent.
``(h) Credit.--A non-Federal interest shall receive credit toward
the non-Federal share of cost of a project under this section for
design and construction services and other in-kind consideration
provided by the non-Federal interest if the Secretary determines that
the design and construction services and other in-kind contributions
are integral to the project.
``(i) No Effect on Liability.--The provision of assistance under
this section shall not relieve from liability any person that would
otherwise be liable under Federal or State law for damages, response
costs, natural resource damages, restitution, equitable relief, or any
other relief.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for each fiscal year
$45,000,000, to remain available until expended.''.
TITLE V--WATER STORAGE AND WATER QUALITY
Subtitle A--Water Storage Program
CHAPTER 1--CONTINUING AUTHORITIES PROGRAMS
SEC. 5201. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.
Section 21 of the Water Resources Development Act of 1988 (102
Stat. 4027) is amended--
(1) in subsection (a)--
(A) by striking ``1276.42'' and inserting
``1278.42'';
(B) by striking ``1218.31'' and inserting
``1221.31''; and
(C) by striking ``1234.82'' and inserting
``1235.30''; and
(2) by striking subsection (b) and inserting the following:
``(b) Exception.--
``(1) In general.--The Secretary may operate the headwaters
reservoirs below the minimum or above the maximum water levels
established under subsection (a) in accordance with water
control regulation manuals (or revisions to those manuals)
developed by the Secretary, after consultation with the
Governor of Minnesota and affected tribal governments,
landowners, and commercial and recreational users.
``(2) Effective date of manuals.--The water control
regulation manuals referred to in paragraph (1) (and any
revisions to those manuals) shall be effective as of the date
on which the Secretary submits the manuals (or revisions) to
Congress.
``(3) Notification.--
``(A) In general.--Except as provided in
subparagraph (B), not less than 14 days before
operating any headwaters reservoir below the minimum or
above the maximum water level limits specified in
subsection (a), the Secretary shall submit to Congress
a notice of intent to operate the headwaters reservoir.
``(B) Exception.--Notice under subparagraph (A)
shall not be required in any case in which--
``(i) the operation of a headwaters
reservoir is necessary to prevent the loss of
life or to ensure the safety of a dam; or
``(ii) the drawdown of the water level of
the reservoir is in anticipation of a flood
control operation.''.
SEC. 5202. UNION LAKE, MISSOURI.
(a) In General.--The Secretary shall offer to convey to the State
of Missouri, before January 31, 2005, all right, title, and interest in
and to approximately 205.50 acres of land described in subsection (b)
purchased for the Union Lake Project that was deauthorized as of
January 1, 1990 (55 Fed. Reg. 40906) in accordance with section 1001 of
the Water Resources Development Act of 1986 (33 U.S.C. 579a(a)).
(b) Land Description.--The land referred to in subsection (a) is
described as follows:
(1) Tract 500.--A tract of land situated in Franklin
County, Missouri, being part of the SW\1/4\ of sec. 7, and the
NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of the
fifth principal meridian, consisting of approximately 112.50
acres.
(2) Tract 605.--A tract of land situated in Franklin
County, Missouri, being part of the N\1/2\ of the NE, and part
of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the fifth
principal meridian, consisting of approximately 93.00 acres.
(c) Conveyance.--Upon acceptance by the State of Missouri of the
offer by the Secretary under subsection (a), the land described in
subsection (b) shall immediately be conveyed, in its current condition,
by Secretary to the State of Missouri.
SEC. 5203. SMALL PROJECTS FOR THE REHABILITATION OR REMOVAL OF DAMS.
(a) In General.--The Secretary may carry out a small dam removal or
rehabilitation project if the Secretary determines that the project
will improve the quality of the environment or is in the public
interest.
(b) Cost Sharing.--A non-Federal interest shall provide 35 percent
of the cost of the removal or remediation of any project carried out
under this section, including provision of all land, easements, rights-
of-way, and necessary relocations.
(c) Agreements.--Construction of a project under this section
shall be commenced only after a non-Federal interest has entered into a
binding agreement with the Secretary to pay--
(1) the non-Federal share of the costs of construction
required by this section; and
(2) 100 percent of any operation and maintenance cost.
(d) Cost Limitation.--Not more than $5,000,000 in Federal funds may
be allotted under this section for a project at any single location.
(e) Funding.--There is authorized to be appropriated to carry out
this section $25,000,000 for each fiscal year.
CHAPTER 2--PROJECTS
Subchapter A--Modifications
SEC. 5301. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.
The Secretary may provide public access and recreational facilities
as generally described in the report entitled ``Detailed Project Report
and Environmental Assessment, McQuade Road Harbor or Refuge, Duluth,
Minnesota,'' dated August 1999, at a Federal cost of not more than
$5,000,000. Section 103(c)(2) of the Water Resources Development Act of
1992 (106 Stat. 4811) is amended by striking ``property currently held
by the Resolution Trust Corporation in the vicinity of the Mississippi
River Bridge'' and inserting ``riverfront property''.
SEC. 5302. ARCADIA LAKE, OKLAHOMA.
Payments made by the city of Edmond, Oklahoma, to the Secretary in
October 1999 of all costs associated with present and future water
storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water
Storage Contract Number DACW56-79-C-002 shall satisfy the obligations
of the city under that contract.
SEC. 5303. WAURIKA LAKE, OKLAHOMA.
The remaining obligation of the Waurika Project Master Conservancy
District payable to the United States Government in the amounts, rates
of interest, and payment schedules--
(1) is set at the amounts, rates of interest, and payment
schedules that existed on June 3, 1986; and
(2) may not be adjusted, altered, or changed without a
specific, separate, and written agreement between the District
and the United States.
Subchapter B--Deauthorizations
SEC. 5321. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL AREA,
KENTUCKY AND TENNESSEE.
The project for recreation facilities at Big South Fork National
River and Recreational Area, Kentucky and Tennessee, authorized by
section 108 of the Water Resources Development Act of 1974 (88 Stat.
43) is not authorized.
SEC. 5322. LIBBY DAM, MONTANA.
The project for hydropower, Libby Dam, Montana (Units 6-8),
authorized by section 549 of the Water Resources Development Act of
1996 (110 Stat. 3779) is not authorized.
Subtitle B--Water Quality
CHAPTER 1-- GENERAL PROVISIONS
SEC. 5401. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING OF
PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594) is amended by striking ``In fiscal
years 2001 through 2003, the'' and inserting ``The''.
CHAPTER 2--DEAUTHORIZATION OF PROJECTS
SEC. 5421. BRIDGEPORT, CONNECTICUT.
The project for environmental infrastructure, Bridgeport,
Connecticut, authorized by section 219(f)(26) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336) is not
authorized.
SEC. 5422. HARTFORD, CONNECTICUT.
The project for environmental infrastructure, Hartford,
Connecticut, authorized by section 219(f)(27) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336) is not
authorized.
SEC. 5423. NEW HAVEN, CONNECTICUT.
The project for environmental infrastructure, New Haven,
Connecticut, authorized by section 219(f)(28) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336) is not
authorized.
SEC. 5424. CASCO BAY, PORTLAND, MAINE.
The project for environmental infrastructure, Casco Bay in the
Vicinity of Portland, Maine, authorized by section 307 of the Water
Resources Development Act of 1992 (106 Stat. 4841) is not authorized.
SEC. 5425. PENOBSCOT RIVER, BANGOR, MAINE.
The project for environmental infrastructure, Penobscot River in
the Vicinity of Bangor, Maine, authorized by section 307 of the Water
Resources Development Act of 1992 (106 Stat. 4841) is not authorized.
SEC. 5426. SAINT JOHN RIVER BASIN, MAINE.
The project for research and demonstration program of cropland
irrigation and soil conservation techniques, Saint John River Basin,
Maine, authorized by section 1108 of the Water Resources Development
Act of 1986 (106 Stat. 4230) is not authorized.
SEC. 5427. EPPING, NEW HAMPSHIRE.
The project for environmental infrastructure, Epping, New
Hampshire, authorized by section 219(c)(6) of the Water Resources
Development Act of 1992 (106 Stat. 4835) is not authorized.
SEC. 5428. MANCHESTER, NEW HAMPSHIRE.
The project for environmental infrastructure, Manchester, New
Hampshire, authorized by section 219(c)(7) of the Water Resources
Development Act of 1992 (106 Stat. 4836) is not authorized.
Subtitle C--Watershed Planning Program
SEC. 5451. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND.
(a) Assistance.--The Secretary may provide technical assistance to
the Secretary of Agriculture for use in carrying out the Conservation
Corridor Demonstration Program established under subtitle G of title II
of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; 116 Stat. 275).
(b) Coordination and Integration.--In carrying out water resources
projects in the States on the Delmarva Peninsula, the Secretary shall
coordinate and integrate those projects, to the maximum extent
practicable, with any activities carried out to implement a
conservation corridor plan approved by the Secretary of Agriculture
under section 2602 of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3801 note; 116 Stat. 275).
SEC. 5452. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE,
MARYLAND, PENNSYLVANIA, AND VIRGINIA.
(a) Ex Officio Member.--
(1) In general.--Notwithstanding the provisions of law
referred to in paragraph (2), for fiscal year 2005 and each
fiscal year thereafter, the Division Engineer, North Atlantic
Division, Corps of Engineers--
(A) shall be the ex officio United States member
under the Susquehanna River Basin Compact and the
Delaware River Basin Compact;
(B) shall serve without additional compensation;
and
(C) may designate an alternate member or members in
accordance with the terms of the applicable compact.
(2) Relationship to other law.--The provisions of law
referred to in paragraph (1) are--
(A) 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);
(B) section 2.2 of the Susquehanna River Basin
Compact (84 Stat. 1512); and
(C) section 2.2 of the Delaware River Basin Compact
(75 Stat. 691),
(b) Authorization to Allocate.--The Secretary shall allocate funds
to the Susquehanna River Basin Commission established under the
Susquehanna River Basin Compact (84 Stat. 1509), the Delaware River
Basin Commission established under the Delaware River Basin Compact (75
Stat. 691), and the Interstate Commission on the Potomac River Basin
established under the Potomac River Basin Compact (84 Stat. 856), to
fulfill the equitable funding requirements of the applicable compacts.
(c) Water Storage.--
(1) In general.--The Secretary shall enter into an
agreement with Delaware River Basin Commission to provide
temporary water 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
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