Water Resources Development Act of 2005 - Reauthorizes the Water Resources Development Act.
Title I: Water Resources Projects - (Sec. 1001) Authorizes specified projects for navigation, ecosystem restoration, flood or storm damage reduction, and related purposes in Alaska, Arizona, California, Colorado, Florida, Illinois, Louisiana, Maryland, Missouri, New Jersey, New Mexico, Texas, Virginia, and Washington.
Authorizes specified projects, subject to a favorable final report of the Chief of Engineers (Chief) by December 31, 2005, in Florida, Iowa, Louisiana, New York, New Jersey, and Ohio.
(Sec. 1002) Authorizes the Secretary of the Army to: (1) modify the operation of the Upper Mississippi River and Illinois Waterway System to address cumulative environmental impacts; and (2) carry out a program to restore the ecosystem of the Louisiana Coastal Area. Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force. Directs the Secretary to: (1) develop a plan for modifying the Mississippi River Gulf Outlet; (2) establish a coastal Louisiana ecosystem science and technology program; (3) enter into a contract with the National Academy of Sciences to identify the cause of degradation of the Louisiana Coastal Area; and (4) study financing alternatives and potential reductions in the expenditure of federal funds in emergency responses that would occur as a result of ecosystem restoration in that Area.
(Sec. 1004) Directs the Secretary to study and, if feasible, carry out a flood damage reduction project at Cache River Basin, Grubbs, Arkansas.
(Sec. 1005) Directs the Secretary to study and, if feasible, carry out specified navigation projects in , Arkansas, Michigan, Wisconsin, and Ohio.
(Sec. 1006) Directs the Secretary to study and, if appropriate, carry out specified aquatic ecosystem restoration projects in California and Rhode Island.
Title II: General Provisions - Subtitle A: Provisions - (Sec. 2001) - Amends the Flood Control Act of 1970 to require: (1) written agreements for water resources projects; and (2) the Secretary to credit toward the non-federal share of the cost of a water resources project the value of in-kind contributions made by the non-federal interest.
(Sec. 2003) Authorizes the Secretary to include individuals from the non-federal interest, including the private sector, in Corps of Engineers' training classes.
(Sec. 2004) Replaces a prohibition against user fees with a requirement that the Secretary carry out a recreational user fee program to recover from users of recreation areas and project sites under the Corps' jurisdiction the portion of costs associated with operating and maintaining them. Requires any fee collected to be deposited into a Treasury account for the Corps, with not more than 80 percent of the fee made available to pay the costs of a project under the Corps' jurisdiction located at that area or site.
(Sec. 2005) Directs the Chief to submit a report to specified committees on expenditures for the preceding fiscal year and estimated expenditures for the current fiscal year.
(Sec. 2006) Amends the Water Resources Development Act (WRDA) of 1986 to require the Secretary, for all feasibility reports completed after December 31, 2005, to assess whether: (1) the project and each element is cost-effective; and (2) the project complies with federal, state, and local laws (including regulations) and public policies. Requires: (1) the recommendation of a feasibility study to be based on a cost-benefit analysis; and (2) the Chief, within two years, to complete the study and sign the Chief's report for the project, with an authorized extension for a complex or controversial study.
(Sec. 2007) Mandates peer review of major engineering, scientific, and technical work products by the Corps.
(Sec. 2008) Lists mitigation plan requirements under WRDA.
(Sec. 2009) Authorizes the Secretary, at the request of a governmental agency or non-federal interest, to provide technical assistance in managing water resources. Authorizes appropriations. Directs the Secretary to list in the annual civil works budget submitted to Congress the individual activities proposed for funding.
(Sec. 2010) Directs the Secretary, acting through the Corps, to provide public access to water resource and related water quality data in the Corps' custody.
(Sec. 2011) Requires budget priority for construction of flood control projects by non-federal interests to be proportionate to the percentage of project completion; and (2) a completed project to have the same priority as a project with a contractor on site.
Directs the Secretary to enter into agreements for development of specified flood control or damage reduction projects in Illinois, Minnesota and Texas.
(Sec. 2012) Amends the WRDA of 1992 to direct the Secretary, acting through the Chief, to develop Regional Sediment Management plans and carry out projects at identified locations for use in construction, repair, modification, or rehabilitation associated with federal water resources projects (activities) for: (1) the protection of property; (2) the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands; and (3) the transport and placement of suitable sediment. Directs the Secretary to develop plans and projects for regional management of sediment obtained in conjunction with such activities. Limits total federal costs associated with construction of a project to $5 million without congressional approval. Directs the Secretary to give priority to specified regional sediment management projects in New York, California, New Jersey and Pennsylvania, and Ohio. Repeals provisions of the WRDA of 1976 regarding the placement on state beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches.
(Sec. 2013) Authorizes the Secretary to carry out construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with this Act, if advisable. Directs the Secretary, acting through the Chief, to conduct a national shoreline erosion control development and demonstration program.
(Sec. 2014) Declares it to be U.S. policy to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches on a comprehensive and coordinated basis by the federal government, states, localities, and private enterprises.
(Sec. 2015) Directs that costs incurred for monitoring for an ecosystem restoration project be cost-shared in accordance with the formula relating to the original construction project for a maximum period of ten years.
(Sec. 2016) Directs the Corps to include ecosystem restoration benefits in the calculation of benefits for specified projects in California.
(Sec. 2018) Directs the Secretary to: (1) implement a program to allow electronic submission of permit applications for permits under the Corps' jurisdiction; and (2) carry out specified measures, including conducting a study to identify unused, underused, or additional water storage capacity at reservoirs, to support the water resource needs of project sponsors and any affected state, local, or tribal government for authorized project purposes.
(Sec. 2020) Authorizes the Administrators of the Southeastern, Southwestern, and Western Area, Power Administrations to credit the Secretary receipts from the sale of power and related services.
(Sec. 2021) Removes certain restrictions on the federal hopper dredges Essayons and Yaquina.
Subtitle B: Continuing Authorities Projects - (Sec. 2031) Amends the River and Harbor Act of 1960 to increase the limitation on allotments for the construction of a small river and harbor improvement project at any single locality which will result in substantial benefits to navigation.
(Sec. 2032) Amends the Flood Control Act of 1946 to increase the cap for funding for the protection of highways, bridge approaches, public works, and nonprofit public services.
(Sec. 2033) Amends the WRDA of: (1) 1996 to increase appropriations for an aquatic restoration and protection project and make it a freshwater project; and (2) 1986 to increase appropriations for environmental modification of projects.
(Sec. 2035) Directs the Secretary to carry out an estuary habitat restoration project upon determining that the project will improve the elements and features of an estuary, is in the public interest, and is cost-effective.
(Sec. 2036) Amends the WRDA of 1999 regarding abandoned mine restoration to require the non-federal share of the costs of operation and maintenance for a project to be 100 percent. Increases authorized appropriations.
(Sec. 2037) Authorizes the Secretary to carry out a small dam removal or rehabilitation project if it will improve the quality of the environment or is in the public interest.
(Sec. 2038) Directs the Secretary to develop eligibility criteria for federal participation in navigation projects located in economically disadvantaged communities that are dependent on water transportation for subsistence in remote areas, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands.
(Sec. 2039) Amends the Flood Control Act of 1970 to direct that if the Secretary determines that a project needs to be continued for public health and safety purposes, the non-federal interest shall pay the increased costs up to 20 percent of the original estimated project costs and in accordance with the statutorily-determined cost share and the Secretary shall pay all increased costs remaining.
Title III: Project-Related Provisions - (Sec. 3001) Directs the Secretary to carry out necessary removal of rubble, sediment, and rock impeding the entrance to the St. Herman and St. Paul Harbors, Kodiak, Alaska.
(Sec. 3002) Directs the Secretary to: (1) correct design deficiencies in the Thompson Harbor, Sitka, Alaska, element of the navigation project, Southeast Alaska Harbors of Refuge; and (2) construct a new project management office in Tuscaloosa, Alabama.
(Sec. 3004) Authorizes the Secretary to: (1) carry out rehabilitation of authorized and completed levees on the White River between Augusta and Clarendon, Arkansas; and (2) undertake channel stabilization and sediment removal measures for the flood control project at St. Francis Basin, Arkansas and Missouri.
(Sec. 3007) Amends the Flood Control Act of 1950 to authorize the comprehensive flood-control project for the Ouachita River and tributaries.
(Sec. 3008) Directs the Secretary to continue construction of the McClellan-Kerr Arkansas River Navigation System, Arkansas and Oklahoma, to operate and maintain the navigation channel to the authorized depth.
(Sec. 3009) Directs the Secretary to mitigate the impacts of the new south levee of the settling basin of the flood control project at Cache Creek Basin, California, on the storm drainage system of the city of Woodland. Modifies the environmental restoration project at Hamilton Airfield, California, to include the diked bayland parcel known as Bel Marin Keys Unit V.
(Sec. 3011) Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to provide that beginning January 1, 2007 (currently, 2003), no permit for dumping or authorization for dumping shall be issued for the site located off the coast of Newport Beach, California, known as "LA-3", unless such site has received a final designation or an alternative site has been selected.
(Sec. 3012) Modifies: (1) the project for navigation at Larkspur Ferry Channel, Larkspur, California, to direct the Secretary to prepare a limited reevaluation report to determine whether maintenance of the project is feasible; (2) the project for flood damage reduction at Llagas Creek, California, to authorize the Secretary to complete the project in accordance with specified local cooperation requirements, at a specified cost; and (3) the project at Magpie Creek, California, to direct the Secretary to apply the cost-sharing requirements applicable to nonstructural flood control under the WRDA of 1986 for the portion of the project consisting of land acquisition to preserve and enhance existing floodwater storage.
(Sec. 3016) Directs the Secretary to participate with 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.
(Sec. 3017) Authorizes the Secretary to dredge the Redwood City Navigation Channel, California annually to maintain the authorized depth.
(Sec. 3018) Directs the Secretary to credit a specified amount toward that portion of the non-federal share of the costs of any flood damage reduction project authorized before this Act's enactment that is to be paid by the Sacramento Area Flood Control Agency.
(Sec. 3019) Directs that if the Secretary determines that projects proposed to be carried out by non-federal entities within specified portions of the San Francisco, California, waterfront are not in the public interest, those portions shall be declared not to be navigable water of the United States.
(Sec. 3020) Directs the Secretary to enter into an agreement with the Salton Sea Authority and carry out the pilot projects for improvement of the environment of the Salton Sea if the projects are economically justified, technically sound, environmentally acceptable, and meet the objectives of the Salton Sea Reclamation Act.
(Sec. 3021) Authorizes the Secretary to construct the projects for: (1) flood damage reduction and recreation, Upper Guadalupe River, California, in accordance with the Upper Guadalupe River Flood Damage Reduction, San Jose, California, Limited Reevaluation Report, dated March, 2004; and (2) flood damage reduction, Yuba River Basin, California.
(Sec. 3023) Designates the western breakwater for the navigation project, New Haven Harbor, Connecticut, as the Charles Hervey Townshend Breakwater.
(Sec. 3024) Redesignates a portion of the navigation project, New London Harbor, Connecticut, as an anchorage area.
(Sec. 3025) Deauthorizes portions of a 10-foot channel of the navigation project, Norwalk Harbor, Connecticut.
(Sec. 3026) Amends the WRDA of 1990 to bar the Secretary from carrying out any action to close or remove the St. George's Bridge, Delaware, without specific congressional authorization.
(Sec. 3027) Directs the Secretary to remove the shipwrecked vessel, "the State of Pennsylvania," from the Christina River, Wilmington, Delaware.
(Sec. 3028) Amends the WRDA of: (1) 2000 to make a provision of the WRDA of 1986 applicable to individual project funding limits and aggregate cost limits for Everglades restoration, Florida; and (2) 1996 to increase the federal share of the cost of carrying out the Seminole Water Conservation Plan.
(Sec. 3030) Modifies the navigation project, Jacksonville Harbor, Florida, to authorize the Secretary to extend the navigation features at a specified total cost.
(Sec. 3031) Amends the WRDA of 2000 to direct that the pilot projects for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer, Florida be treated as being in the Comprehensive Everglades Restoration Plan but with costs of operation and maintenance remaining 100 percent non-federal.
(Sec. 3032) Directs the Secretary to carry out the hurricane and storm damage reduction project at Lido Key, Sarasota County, Florida.
(Sec. 3033) Modifies the navigation project, Tampa Harbor, Florida, to authorize the Secretary to construct passing lanes in an area centered on Tampa Bay Cut B if necessary for navigational safety.
(Sec. 3034) Authorizes the Secretary to exchange land at Allatoona Lake, Georgia.
(Sec. 3035) Directs the Secretary to carry out additional general construction measures to allow for operation at lower pool levels to satisfy the recreation mission at Dworshak Dam, Idaho.
(Sec. 3036) Directs the Secretary to rehabilitate the Gooding Channel Project, Idaho, if the rehabilitation and ecosystem restoration are feasible.
(Sec. 3037) Extinguishes reversionary interests and use restrictions relating to industrial use purposes, Port of Lewiston, Idaho.
(Sec. 3038) Modifies the Cache River Levee, Illinois, to add environmental restoration as a project purpose.
(Sec. 3039) Amends the WRDA of 2000 to include Lake Michigan in a study along with the Chicago River.
(Sec. 3040) Redefines the federal navigation channel for the North Branch Channel portion of the Chicago River to be no wider than 66 feet.
(Sec. 3041) Authorizes the Secretary to participate in the reconstruction of flood control projects within Missouri and Illinois as a pilot program if such reconstruction is not required as a result of improper operation and maintenance by the non-federal interest. Directs the Secretary to give priority to specified projects in Illinois and Missouri.
(Sec. 3042) Authorizes ecosystem restoration as a purpose of the project for flood control, Illinois and Des Plaines River Basin (Spunky Bottom).
(Sec. 3043) Directs the Secretary, acting through the Tulsa District of the Corps of Engineers, to transfer land to Pleasant Township, Coffey County, Kansas, for use as the New Strawn Cemetery.
(Sec. 3044) Directs the Secretary to convey to Geary County Fire Department, Milford, Kansas, all U.S. right to specified land for a fire station.
(Sec. 3045) Amends the WRDA of 2000 to modify the project for ecosystem restoration, Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and West Virginia, to authorize the Secretary to cost share projects with the consent of the affected local government, prepare an implementation plan, and initiate a pilot program in the Lower Scioto Basin, Ohio.
(Sec. 3046) Modifies: (1) the public access feature of the Atchafalaya Basin Floodway System, Louisiana project, to authorize the Secretary to acquire from willing sellers the fee interest of an additional 20,000 acres in the Lower Atchafalaya Basin Floodway; and (2) the project for the Calcasieu River and Pass, Louisiana to authorize specified funds for rock bank protection.
(Sec. 3048) Directs the Secretary, for the hurricane protection project, Larose to Golden Meadow, Louisiana, to make a determination regarding the technical feasibility, environmental acceptability, and economical justification of converting the Golden Meadow floodgate into a navigation lock.
(Sec. 3049) Modifies: (1) the flood damage reduction and recreation project, East Baton Rouge Parish, Louisiana, to authorize the Secretary to carry out the project in accordance with specified reports at a specified cost; and (2) the project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, to carry out the project at a specified costs, to permit the purchase of marginal farmland for reforestation, and to incorporate certain wildlife and forestry management practices to improve species diversity.
(Sec. 3051) Limits federal expenditures for a project at Camp Ellis, Saco, Maine.
(Sec. 3052) Modifies the navigation project at Union River, Maine, to redesignate as an anchorage area a specified portion of the project.
(Sec. 3053) Amends the WRDA of: (1) 1996 to increase the funding limit for the Chesapeake Bay environmental restoration and protection program, Maryland, Pennsylvania, and Virginia; and (2) 1999 to increase the total authorized cost for a project at Cumberland, Maryland.
(Sec. 3055) Allows the navigation project at Fall River Harbor, Massachusetts and Rhode Island, to remain authorized, but limits the authorized depth of a portion of the project.
(Sec. 3056) Directs the Secretary to establish and lead a partnership of appropriate federal agencies and the State of Michigan to: (1) promote cooperation among governments and other involved parties in the management of the St. Clair River and Lake St. Clair watersheds; and (2) develop and implement projects consistent with the management plan.
(Sec. 3057) Directs the Secretary to carry out the navigation project at Duluth Harbor, Minnesota.
(Sec. 3058) Provides for a land exchange between S.S.S., Inc., and the Corps of Engineers, at Pike County, Missouri.
(Sec. 3059) Directs the Secretary to offer to convey to Missouri land purchased for the Union Lake Project that was deauthorized.
(Sec. 3060) Amends the WRDA of 2000 to increase the amount authorized for appropriation for the Fort Peck Fish Hatchery, Montana.
(Sec. 3061) Directs the Secretary to carry out restoration projects in the watershed of the Yellowstone River and tributaries, Montana and North Dakota, to produce ecosystem restoration and recreation benefits.
(Sec. 3062) Limits federal expenditures for the environmental restoration project at McCarran Ranch, Nevada.
(Sec. 3063) Directs the Secretary to: (1) carry out restoration projects in the Middle Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Reservoir, New Mexico; and (2) plan, design, and construct projects to increase aquatic habitats within Long Island Sound and adjacent waters, New York and Connecticut.
(Sec. 3065) Amends the WRDA of 1996 to: (1) increase the maximum total federal cost of the project at Orchard Beach, Bronx, New York; and (2) authorize the Secretary to enter into cost-sharing agreements with non-federal public interests for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility using government funds.
(Sec. 3067) Amends the WRDA of: (1) 1999 to increase the authorized cost for the ecosystem restoration project at Onondaga Lake, New York; (2) extend the authorization of appropriations for Missouri River restoration, North Dakota; and (3) increase the authorization for repair and rehabilitation of the Lower Girard Lake Dam, Ohio.
(Sec. 3070) Requires increased operation and maintenance activities for the Toussaint River Federal Navigation Project, Carroll Township, Ohio, relating directly to the presence of unexploded ordnance to be carried out at full federal expense.
(Sec. 3071) Declares that payments made by the city of Edmond, Oklahoma, to the Secretary in October 1999 of all costs associated with water storage costs at Arcadia Lake, Oklahoma, under a specified contract shall satisfy the city's obligations.
(Sec. 3072) Terminates each reversionary interest and use restriction relating to public parks and recreation on land conveyed by the Secretary to Oklahoma at Lake Texoma under a specified statute.
(Sec. 3073) Sets the remaining obligation of the Waurika Project Master Conservancy District payable to the government at the amounts, rates of interest, and payment schedules that existed on June 3, 1986.
(Sec. 3074) Directs the Secretary to: (1) convey to Lowell, Oregon, all U.S. rights to a parcel of land located in Lane County, Oregon; (2) conduct studies and ecosystem restoration projects for the upper Willamette River watershed from Albany, Oregon, to the headwaters of the Willamette River and tributaries; (3) convey to Tioga Township, Pennsylvania, all rights to a specified portion of the Tioga-Hammond Lakes Floods Control Project, Tioga County, Pennsylvania, for use as the site of the administrative offices and road maintenance complex.
(Sec. 3077) Amends the WRDA of 1996 to authorize the Secretary, with respect to the ecosystem restoration project for the Upper Susquehanna River Basin, Pennsylvania and New York, to provide assistance for implementation of wetland restoration projects and soil and water conservation measures.
(Sec. 3078) Authorizes the Secretary to carry out all planning, design, and construction for: (1) the demolition and removal of the Grace and Pearman Bridges over the Copper River, South Carolina; and (2) the development of an aquatic reef off the South Carolina shore, using the remnants from that demolition and removal.
(Sec. 3079) Directs the Secretary to convey to South Carolina all U.S. rights to land managed by the South Carolina Department of Commerce for public recreation purposes for the Richard B. Russell Dam and Lake, South Carolina, project.
(Sec. 3080) Amends the WRDA of: (1) 2000 to extend the authorization of appropriations for Missouri River restoration, South Dakota; and (2) 1999 to extend the authorization of appropriations through FY 2015.
(Sec. 3082) Authorizes the Secretary to carry out a flood damage reduction project at Anderson Creek, Jackson and Madison Counties, Tennessee, if the Secretary determines that the project is technically sound, environmentally acceptable, and economically justified.
(Sec. 3083) Allows the flood control project, Harris Fork Creek, Tennessee and Kentucky to remain authorized for seven years.
(Sec. 3084) Authorizes the Secretary to reconstruct, repair, and maintain the weir originally constructed in the vicinity of the mouth of Nonconnah Creek, Tennessee and Mississippi.
(Sec. 3085) Extinguishes the reversionary interests and use restrictions relating to recreation and camping for land conveyed by the Secretary to the Tennessee Society of Crippled Children and Adults, Inc. (Easter Seals Tennessee).
(Sec. 3086) Authorizes the Secretary to carry out a flood damage reduction project at Sandy Creek, Jackson County, Tennessee, if the Secretary determines that the project is technically sound, environmentally acceptable, and economically justified.
(Sec. 3087) Amends the WRDA of 2000 to authorize construction of a navigation channel ten feet wide by 100 feet instead of 12 feet by 125 feet.
(Sec. 3088) Provides that: (1) all costs of the navigation project, Freeport Harbor, Texas, incurred as a result of the discovery of the sunken vessel Comstock of the Corps of Engineers are a federal responsibility; and (2) the Secretary shall not seek further obligation or responsibility for that vessel's removal or costs associated with a delay due to its discovery.
(Sec. 3089) Amends the WRDA of: (1) 1996 to bar the Secretary from considering flood control works constructed by non-federal interests within the drainage area in the determination of conditions existing prior to construction of the Upper White Oak Bayou, Texas, project; and (2) 2000 to authorize the Secretary to carry out measures to restore, protect, and preserve an ecosystem affected by a dam, and to include nine specified dams to be evaluated, under a dam remediation project in Vermont.
(Sec. 3091) Directs the Secretary to: (1) revise the existing General Design Memorandum to permit the use of chemical means of control of Eurasian milfoil, water chestnutes, and other non-native plants in the Lake Champlain basin, Vermont; (2) 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; and (3) conduct a study and develop a general management plan for restoration of the Upper Connecticut River ecosystem.
(Sec. 3094) Amends the WRDA of: (1) 2000 to include among critical restoration projects for Lake Champlain watershed, Vermont and New York, river corridor assessment, protection, management, and restoration for ecosystem restoration purposes, and geographic mapping to produce a high-resolution, multispectral satellite imagery-based land use and cover data set; and (2) 1986 to authorize the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland and to increase the project cost for the Tangier Island Seawall, Virginia.
(Sec. 3097) Directs the Secretary to provide a one-time placement of dredged material along portions of the Columbia River shoreline of Puget Island, Washington, for erosion control for the Lower Columbia River levees and bank protection works with regard to the Wahkiakum County diking districts No. 1 and 3.
(Sec. 3098) Extinguishes the reversionary interests and use restrictions relating to port or industrial purposes for the Lower Granite Pool, Washington.
(Sec. 3099) Transfers to the Secretary of the Interior administrative jurisdiction over the land acquired for the McNary Lock and Dam Project, Washington and Idaho, to be managed as part of the McNary National Wildlife Refuge. Directs the U.S. Fish and Wildlife Service to obtain prior approval of the Washington State Department of Fish and Wildlife for any change to the previously approved site development plan for the Cummins property.
(Sec. 3100) Amends the Fish and Wildlife Compensation Plan for the Lower Snake River, Washington, and Idaho, to authorize the Secretary to conduct studies and implement aquatic and riparian ecosystem restorations and improvements specifically for fisheries and wildlife.
(Sec. 3101) Amends the WRDA of 1996 to increase authorized project costs for the Marmet Lock, Kanawha River, West Virginia, project.
(Sec. 3102) Authorizes the Secretary to construct the flood control project at Lower Mud River, Milton, West Virginia, substantially in accordance with the May 2004 draft report of the Corps of Engineers.
(Sec. 3103) Authorizes a width of 75 feet and a depth of six feet for the portion of the inner harbor of the federal navigation channel of the Green Bay Harbor project, Wisconsin.
(Sec. 3104) Amends the WRDA of: (1) 1999 to direct the Secretary to undertake specified flood mitigation and riverine restoration activities at the Underwood Creek Diversion Facility Project, Milwaukee County, Wisconsin; (2) 1988 to allow the Secretary to operate headwaters reservoirs outside specified minimum or maximum water levels after consultation with the Governor of Minnesota, affected tribal governments, and other specified parties; and (3) 1992 to allow the purchase of riverfront property for the Lower Mississippi River Museum and Riverfront Interpretive Site.
(Sec. 3107) Directs the Secretary to carry out a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River.
(Sec. 3108) Allows a nongovernmental organization to be considered a non-federal interest with the consent of the affected local government.
(Sec. 3109) Amends the WRDA of 2000 to direct the Secretary to carry out a reconnaissance study to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes.
(Sec. 3110) Extends the authorization for programs for: (1) Great Lakes remedial action plans and sediment remediation; and (2) Great Lakes tributary models.
Title IV: Studies - (Sec. 4001) Directs the Secretary to carry out studies: (1) to develop national protocols for the use of the Euhrychiopsis lecontei weevil for biological control of Eurasian milfoil in the lakes of Vermont and other northern tier States; (2) of the ability of coastal or deepwater port infrastructure to meet national economic needs; (3) to address selenium concentrations in Colorado; and (4) for bank stabilization and shore protection for Nicholas Canyon, Los Angeles, California. Requires the Secretary to convene a panel of experts in wildlife biology and genetics to review the genetic variation of sturgeon species in the McClellan-Kerr Arkansas River Navigation Channel.
(Sec. 4006) Amends the WRDA of 2000 to increase by 12 months an extension for completing the Oceanside, California, Shoreline Special Study.
(Sec. 4007) Directs the Secretary to: (1) review the flood control and environmental restoration project at St. Helena, California; (2) use specified planning and design documents as the basis for recommendations to Congress for authorization of a project to provide flood protection for the South San Francisco Bay shoreline and restoration of the South San Francisco Bay salt ponds; and (3) complete work on the San Pablo watershed, California, to determine the feasibility of opportunities for restoring, preserving, and protecting the San Pablo Bay Watershed. Directs the Secretary to conduct feasibility studies for: (1) a project to use Sherman Island, California, as a dredged material rehandling facility to enhance the environment and meet other water resource needs on the Sacramento-San Joaquin Delta, California; (2) carrying out ecosystem restoration and related activity along the South Fork of the South Branch of the Chicago River, Illinois (Bubbly Creek); (3) modifying the project for enlargement of the navigation channels in the Grand and Tiger Passes and Baptiste Collette Bayou, Louisiana; (4) storm damage reduction and beach erosion protection along Lake Erie at Luna Pier, Michigan; and (5) a project for navigation improvements and shoreline protection for Middle Bass Island State Park, Middle Bass Island, Ohio.
(Sec. 4015) Authorizes the Secretary to determine the feasibility of: (1) providing improvements to the Savannah River for navigation and related purposes necessary to support the location of container cargo and other port facilities to be located in Jasper County, South Carolina; and (2) a dispersal barrier project at the Lake Champlain Canal.
Title V: Miscellaneous Provisions - (Sec. 5001) Amends the WRDA of 1986 to provide for the removal of silt and related measures for sites (besides the Great Lakes) in Illinois, North Dakota, Vermont, and North Carolina.
(Sec. 5002) Adds to the purposes of the Estuary Restoration Act of 2000 the implementation of a coordinated federal approach to estuary habitat restoration activities. Allows the Secretary, at the recommendation of the Estuary Habitat Restoration Council (established by this section), to delegate the implementation of projects costing less than $1 million to the Secretary of the Interior, the Under Secretary for Oceans and Atmosphere of the Department of Commerce, the Administrator of the Environmental Protection Agency, or the Secretary of Agriculture. Authorizes appropriations.
(Sec. 5003) Authorizes the Secretary to provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program.
(Sec. 5004) Designates the Division Engineer, North Atlantic Division, Corps of Engineers, as the ex officio U.S. member under the Susquehanna River Basin Compact, the Delaware River Basin Compact, and the Potomac River Basin Compact. Directs the Secretary to enter into agreements with the Susquehanna, Delaware, and Potomac River Basin Commissions to provide temporary water supply and conservation storage during any period in which such Commissions have determined that a drought warning or drought emergency exists.
(Sec. 5005) Directs the Secretary to upgrade and make permanent the existing Chicago Sanitary and Ship Canal Dispersal Barrier, Chicago, Illinois.
(Sec. 5006) Rio Grande Environmental Management Act of 2004 [sic] - Directs the Secretary to carry out in the Rio Grande system : (1) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; and (2) implementation of a long-term monitoring, computerized data inventory and analysis, applied research, and adaptive management program.
(Sec. 5007) Amends the WRDA of 1999 to direct the Secretary of the Treasury to make funds available to the State of South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund.
(Sec. 5008) Directs the Secretary to evaluate, design, and construct structural modifications to the Union Village, North Hartland, North Springfield, Ball Mountain, and Townshend Dams in Vermont to regulate flow and temperature to mitigate downstream impacts on aquatic habitat and fisheries.
Title VI: Project Deauthorizations - (Sec. 6001) Deauthorizes specified flood damage reduction, flood control, navigation, environmental infrastructure, bridge construction, water supply, recreation, erosion protection, bulkhead construction and repair, jetty construction, cropland irrigation, and soil conservation projects in Alabama, California, Connecticut, Delaware and Maryland, Florida, Indiana, Iowa, Kentucky and Tennessee, Louisiana, Maine, Michigan, Mississippi, Nebraska, New Hampshire, New York, North Carolina and South Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 728
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
April 6, 2005
Mr. Bond (for himself, Mr. Inhofe, Mr. Vitter, Mr. Warner, Mr.
Voinovich, Mr. Isakson, Mr. Thune, Ms. Murkowski, Mr. Obama, Ms.
Landrieu, Mr. Grassley, Mr. Harkin, Mr. Talent, Mr. Cornyn, Mr.
Cochran, Mr. Domenici, and Mr. Coleman) 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 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Project authorizations.
Sec. 1002. Enhanced navigation capacity improvements and ecosystem
restoration plan for the Upper Mississippi
River and Illinois Waterway System.
Sec. 1003. Louisiana coastal area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.
TITLE II--GENERAL PROVISIONS
Subtitle A--Provisions
Sec. 2001. Credit for in-kind contributions.
Sec. 2002. Interagency and international support authority.
Sec. 2003. Training funds.
Sec. 2004. Recreational areas and project sites.
Sec. 2005. Fiscal transparency report.
Sec. 2006. Planning.
Sec. 2007. Independent reviews.
Sec. 2008. Mitigation for fish and wildlife losses.
Sec. 2009. State technical assistance.
Sec. 2010. Access to water resource data.
Sec. 2011. Construction of flood control projects by non-Federal
interests.
Sec. 2012. Regional sediment management.
Sec. 2013. National shoreline erosion control development program.
Sec. 2014. Shore protection projects.
Sec. 2015. Cost sharing for monitoring.
Sec. 2016. Ecosystem restoration benefits.
Sec. 2017. Funding to expedite the evaluation and processing of
permits.
Sec. 2018. Electronic submission of permit applications.
Sec. 2019. Improvement of water management at Corps of Engineers
reservoirs.
Sec. 2020. Corps of Engineers hydropower operation and maintenance
funding.
Subtitle B--Continuing Authorities Projects
Sec. 2031. Navigation enhancements for waterbourne transportation.
Sec. 2032. Protection and restoration due to emergencies at shores and
streambanks.
Sec. 2033. Restoration of the environment for protection of aquatic and
riparian ecosystems program.
Sec. 2034. Environmental modification of projects for improvement and
restoration of ecosystems program.
Sec. 2035. Projects to enhance estuaries and coastal habitats.
Sec. 2036. Remediation of abandoned mine sites.
Sec. 2037. Small projects for the rehabilitation or removal of dams.
Sec. 2038. Remote, maritime-dependent communities.
Sec. 2039. Agreements for water resource projects.
Sec. 2040. Program names.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Augusta and Clarendon, Arkansas.
Sec. 3005. St. Francis Basin, Arkansas and Missouri.
Sec. 3006. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3007. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3008. Cache Creek Basin, California.
Sec. 3009. Hamilton Airfield, California.
Sec. 3010. LA-3 dredged material ocean disposal site designation,
California.
Sec. 3011. Larkspur Ferry Channel, California.
Sec. 3012. Llagas Creek, California.
Sec. 3013. Los Angeles Harbor, California.
Sec. 3014. Magpie Creek, California.
Sec. 3015. Pine Flat Dam fish and wildlife habitat, California.
Sec. 3016. Redwood City navigation project, California.
Sec. 3017. Sacramento and American Rivers flood control, California.
Sec. 3018. Conditional declaration of nonnavigability, Port of San
Francisco, California.
Sec. 3019. Salton Sea restoration, California.
Sec. 3020. Upper Guadalupe River, California.
Sec. 3021. Yuba River Basin project, California.
Sec. 3022. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 3023. Anchorage area, New London Harbor, Connecticut.
Sec. 3024. Norwalk Harbor, Connecticut.
Sec. 3025. St. George's Bridge, Delaware.
Sec. 3026. Christina River, Wilmington, Delaware.
Sec. 3027. Additional program authority, comprehensive Everglades
restoration, Florida.
Sec. 3028. Critical restoration projects, Everglades and south Florida
ecosystem restoration, Florida.
Sec. 3029. Jacksonville Harbor, Florida.
Sec. 3030. Lake Okeechobee and Hillsboro Aquifer pilot projects,
comprehensive Everglades restoration,
Florida.
Sec. 3031. Lido Key, Sarasota County, Florida.
Sec. 3032. Tampa Harbor, Cut B, Tampa, Florida.
Sec. 3033. Allatoona Lake, Georgia.
Sec. 3034. Dworshak Reservoir improvements, Idaho.
Sec. 3035. Little Wood River, Gooding, Idaho.
Sec. 3036. Port of Lewiston, Idaho.
Sec. 3037. Cache River Levee, Illinois.
Sec. 3038. Chicago River, Illinois.
Sec. 3039. Missouri and Illinois flood protection projects
reconstruction pilot program.
Sec. 3040. Spunky Bottom, Illinois.
Sec. 3041. Strawn Cemetery, John Redmond Lake, Kansas.
Sec. 3042. Harry S. Truman Reservoir, Milford, Kansas.
Sec. 3043. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania,
and West Virginia.
Sec. 3044. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3045. Calcasieu River and Pass, Louisiana.
Sec. 3046. East Baton Rouge Parish, Louisiana.
Sec. 3047. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3048. Camp Ellis, Saco, Maine.
Sec. 3049. Union River, Maine.
Sec. 3050. Chesapeake Bay environmental restoration and protection
program, Maryland, Pennsylvania, and
Virginia.
Sec. 3051. Cumberland, Maryland.
Sec. 3052. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 3053. St. Clair River and Lake St. Clair, Michigan.
Sec. 3054. Duluth Harbor, Minnesota.
Sec. 3055. Land exchange, Pike County, Missouri.
Sec. 3056. Union Lake, Missouri.
Sec. 3057. Fort Peck Fish Hatchery, Montana.
Sec. 3058. Lower Truckee River, Mccarran Ranch, Nevada.
Sec. 3059. Middle Rio Grande restoration, New Mexico.
Sec. 3060. Long Island Sound oyster restoration, New York and
Connecticut.
Sec. 3061. Orchard Beach, Bronx, New York.
Sec. 3062. New York Harbor, New York, New York.
Sec. 3063. Onondaga Lake, New York.
Sec. 3064. Missouri River restoration, North Dakota.
Sec. 3065. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3066. Toussaint River navigation project, Carroll Township, Ohio.
Sec. 3067. Arcadia Lake, Oklahoma.
Sec. 3068. Waurika Lake, Oklahoma.
Sec. 3069. Lookout Point, Dexter Lake project, Lowell, Oregon.
Sec. 3070. Upper Willamette River Watershed ecosystem restoration.
Sec. 3071. Tioga Township, Pennsylvania.
Sec. 3072. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 3073. Cooper River Bridge demolition, Charleston, South Carolina.
Sec. 3074. South Carolina Department of Commerce development proposal
at Richard B. Russell Lake, South Carolina.
Sec. 3075. Missouri River restoration, South Dakota.
Sec. 3076. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 3077. Anderson Creek, Jackson and Madison Counties, Tennessee.
Sec. 3078. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3079. Nonconnah Weir, Memphis, Tennessee.
Sec. 3080. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 3081. Sandy Creek, Jackson County, Tennessee.
Sec. 3082. Cedar Bayou, Texas.
Sec. 3083. Freeport Harbor, Texas.
Sec. 3084. Harris County, Texas.
Sec. 3085. Dam remediation, Vermont.
Sec. 3086. Lake Champlain eurasian milfoil, water chestnut, and other
nonnative plant control, Vermont.
Sec. 3087. Upper Connecticut River Basin wetland restoration, Vermont
and New Hampshire.
Sec. 3088. Upper Connecticut River Basin ecosystem restoration, Vermont
and New Hampshire.
Sec. 3089. Lake Champlain Watershed, Vermont and New York.
Sec. 3090. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 3091. Tangier Island Seawall, Virginia.
Sec. 3092. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3093. Lower granite pool, Washington.
Sec. 3094. Mcnary Lock and Dam, Mcnary National Wildlife Refuge,
Washington and Idaho.
Sec. 3095. Snake River project, Washington and Idaho.
Sec. 3096. Marmet Lock, Kanawha River, West Virginia.
Sec. 3097. Lower Mud River, Milton, West Virginia.
Sec. 3098. Underwood Creek diversion facility project, Milwaukee
County, Wisconsin.
Sec. 3099. Mississippi River headwaters reservoirs.
Sec. 3100. Lower Mississippi River Museum and Riverfront Interpretive
Site.
Sec. 3101. Pilot program, Middle Mississippi River.
Sec. 3102. Upper Mississippi River system environmental management
program.
TITLE IV--STUDIES
Sec. 4001. Eurasian milfoil.
Sec. 4002. National port study.
Sec. 4003. Mcclellan-Kerr Arkansas River Navigation Channel.
Sec. 4004. Selenium study, Colorado.
Sec. 4005. Nicholas Canyon, Los Angeles, California.
Sec. 4006. Oceanside, California, shoreline special study.
Sec. 4007. Comprehensive flood protection project, St. Helena,
California.
Sec. 4008. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman
Island, California.
Sec. 4009. South San Francisco Bay shoreline study, California.
Sec. 4010. San Pablo Bay Watershed restoration, California.
Sec. 4011. Lake Erie at Luna Pier, Michigan.
Sec. 4012. Middle Bass Island State Park, Middle Bass Island, Ohio.
Sec. 4013. Jasper County port facility study, South Carolina.
Sec. 4014. Lake Champlain Canal study, Vermont and New York.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 5001. Lakes program.
Sec. 5002. Estuary restoration.
Sec. 5003. Delmarva conservation corridor, Delaware and Maryland.
Sec. 5004. Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia.
Sec. 5005. Chicago Sanitary and Ship Canal Dispersal Barriers project,
Illinois.
Sec. 5006. Rio Grande environmental management program, New Mexico.
Sec. 5007. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
Terrestrial Wildlife Habitat Restoration,
South Dakota.
Sec. 5008. Connecticut River dams, Vermont.
TITLE VI--PROJECT DEAUTHORIZATIONS
Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Bridgeport, Connecticut.
Sec. 6005. Hartford, Connecticut.
Sec. 6006. New Haven, Connecticut.
Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, Part
II, installation of fender protection for
bridges, Delaware and Maryland.
Sec. 6008. Central and southern Florida, Everglades National Park,
Florida.
Sec. 6009. Shingle Creek Basin, Florida.
Sec. 6010. Brevoort, Indiana.
Sec. 6011. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6012. Lake George, Hobart, Indiana.
Sec. 6013. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6014. Muscatine Harbor, Iowa.
Sec. 6015. Big South Fork National River and Recreational Area,
Kentucky and Tennessee.
Sec. 6016. Eagle Creek Lake, Kentucky.
Sec. 6017. Hazard, Kentucky.
Sec. 6018. West Kentucky tributaries, Kentucky.
Sec. 6019. Bayou Cocodrie and tributaries, Louisiana.
Sec. 6020. Bayou Lafourche and Lafourche Jump, Louisiana.
Sec. 6021. Eastern Rapides and South-Central Avoyelles Parishes,
Louisiana.
Sec. 6022. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6023. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur,
Louisiana.
Sec. 6024. Red River Waterway, Shreveport, Louisiana to Daingerfield,
Texas.
Sec. 6025. Casco Bay, Portland, Maine.
Sec. 6026. Northeast Harbor, Maine.
Sec. 6027. Penobscot River, Bangor, Maine.
Sec. 6028. Saint John River Basin, Maine.
Sec. 6029. Tenants Harbor, Maine.
Sec. 6030. Grand Haven Harbor, Michigan.
Sec. 6031. Greenville Harbor, Mississippi.
Sec. 6032. Platte River flood and related streambank erosion control,
Nebraska.
Sec. 6033. Epping, New Hampshire.
Sec. 6034. Manchester, New Hampshire.
Sec. 6035. New York Harbor and adjacent channels, Claremont Terminal,
Jersey City, New Jersey.
Sec. 6036. Eisenhower and Snell Locks, New York.
Sec. 6037. Olcott Harbor, Lake Ontario, New York.
Sec. 6038. Outer Harbor, Buffalo, New York.
Sec. 6039. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6040. Cleveland Harbor 1958 Act, Ohio.
Sec. 6041. Cleveland Harbor 1960 Act, Ohio.
Sec. 6042. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6043. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6044. Chartiers Creek, Cannonsburg (Houston Reach Unit 2b),
Pennsylvania.
Sec. 6045. Schuylkill River, Pennsylvania.
Sec. 6046. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6047. Tamaqua, Pennsylvania.
Sec. 6048. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6049. Quonset Point-Davisville, Rhode Island.
Sec. 6050. Arroyo Colorado, Texas.
Sec. 6051. Cypress Creek-Structural, Texas.
Sec. 6052. East Fork Channel Improvement, Increment 2, east fork of the
Trinity River, Texas.
Sec. 6053. Falfurrias, Texas.
Sec. 6054. Pecan Bayou Lake, Texas.
Sec. 6055. Lake of the Pines, Texas.
Sec. 6056. Tennessee Colony Lake, Texas.
Sec. 6057. City Waterway, Tacoma, Washington.
Sec. 6058. Kanawha River, Charleston, West Virginia.
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--Except as otherwise provided in
this section, the following projects for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the plans, and subject
to the conditions, described in the respective reports designated in
this section:
(1) Akutan harbor, alaska.--The project for navigation,
Akutan, Harbor, Alaska: Report of the Chief of Engineers, dated
December 20, 2004, at a total estimated cost of $12,200,000,
with an estimated Federal cost of $9,800,000 and an estimated
non-Federal cost of $2,400,000.
(2) Haines harbor, alaska.--The project for navigation,
Haines Harbor, Alaska: Report of the Chief of Engineers, dated
December 20, 2004, at a total estimated cost of $12,200,000,
with an estimated Federal cost of $9,700,000 and an estimated
non-Federal cost of $2,500,000.
(3) Rillito river (el rio antiguo), pima county, arizona.--
The project for ecosystem restoration, Rillito River (El Rio
Antiguo), Pima County, Arizona: Report of the Chief of
Engineers dated December 22, 2004, at a total cost of
$67,457,000, with an estimated Federal cost of $43,421,000 and
an estimated non-Federal cost of $24,036,000.
(4) Tanque verde creek, arizona.--The project for ecosystem
restoration, Tanque Verde Creek, Arizona: Report of the Chief
of Engineers, dated July 22, 2003, at a total cost of
$4,978,000, with an estimated Federal cost of $3,236,000 and an
estimated non-Federal cost of $1,742,000.
(5) Salt river (va shlyay akimel), maricopa county,
arizona.--The project for ecosystem restoration, Salt River (Va
Shlyay Akimel), Arizona: Report of the Chief of Engineers dated
January 3, 2005, at a total cost of $138,968,000, with an
estimated Federal cost of $90,129,000 and an estimated non-
Federal cost of $48,839,000.
(6) Hamilton city, california.--The project for flood
damage reduction and ecosystem restoration, Hamilton City,
California: Report of the Chief of Engineers dated December 22,
2004, at a total cost of $50,600,000, with an estimated Federal
cost of $33,000,000 and estimated non-Federal cost of
$17,600,000.
(7) Imperial beach, california.--The project for storm
damage reduction, Imperial Beach, California: Report of the
Chief of Engineers, dated December 30, 2003, at a total cost of
$11,862,000, with an estimated Federal cost of $7,592,000 and
an estimated non-Federal cost of $4,270,000, and at an
estimated total cost of $38,004,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $19,002,000 and an estimated non-
Federal cost of $19,002,000.
(8) Matilija dam, ventura county, california.--The project
for ecosystem restoration, Matilija Dam and Ventura River
Watershed, Ventura County, California: Report of the Chief of
Engineers dated December 20, 2004, at a total cost of
$130,335,000, with an estimated Federal cost of $78,973,000 and
an estimated non-Federal cost of $48,839,000.
(9) Middle creek, lake county, california.--The project for
flood damage reduction and ecosystem restoration, Middle Creek,
Lake County, California: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $41,793,000, with an
estimated Federal cost of $27,256,000 and an estimated non-
Federal cost of $14,537,000.
(10) Napa river salt marsh, california.--The project for
ecosystem restoration, Napa River Salt Marsh, California:
Report of the Chief of Engineers dated December 22, 2004, at a
total cost of $58,412,000, with an estimated Federal cost of
$37,740,000 and an estimated non-Federal cost of $20,672,000.
(11) South platte river, denver, colorado.--The project for
ecosystem restoration, Denver County Reach, South Platte River,
Denver, Colorado: Report of the Chief of Engineers, dated May
16, 2003, at a total cost of $18,824,000, with an estimated
Federal cost of $12,236,000 and an estimated non-Federal cost
of $6,588,000.
(12) Indian river lagoon, south florida.--
(A) In general.--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
$1,210,608,000, with an estimated first Federal cost of
$605,304,000, and an estimated first non-Federal cost
of $605,304,000, in accordance with section 601 of the
Water Resources Development Act of 2000 (114 Stat.
2680) and the recommendations of the report of the
Chief of Engineers, dated August 6, 2004.
(B) Deauthorizations.--As of the date of enactment
of this Act, the following projects are not authorized:
(i) The uncompleted portions of the project
authorized by section 601(b)(2)(C)(i) of the
Water Resources Development Act of 2000 (114
Stat. 2682), C-44 Basin Storage Reservoir of
the Comprehensive Everglades Restoration Plan,
at a total cost of $112,562,000, with an
estimated Federal cost of $56,281,000, and an
estimated non-Federal cost of $56,281,000.
(ii) The uncompleted portions of the
project authorized by section 203 of the Flood
Control Act of 1968 (Public Law 90-483; 82
Stat. 740), Martin County, Florida,
modifications to Central and South Florida
Project, as contained in Senate Document 101,
90th Congress, 2d Session, at a total cost of
$15,471,000, with an estimated Federal cost of
$8,073,000, and an estimated non-Federal cost
of $7,398,000.
(iii) The uncompleted portions of the
project authorized by section 203 of the Flood
Control Act of 1968 (Public Law 90-483; 82
Stat. 740), East Coast Backpumping, St. Lucie-
Martin County, Spillway Structure S-311 of the
Central and South Florida Project, as contained
in House Document 369, 90th Congress, 2d
Session, at a total cost of $77,118,000, with
an estimated Federal cost of $55,124,000, and
an estimated non-Federal cost of $21,994,000.
(13) East st. louis and vicinity, illinois.--The project
for ecosystem restoration and recreation, East St. Louis and
Vicinity, Illinois: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $191,158,000, with an
estimated Federal cost of $123,807,000 and an estimated non-
Federal cost of $67,351,000.
(14) Peoria riverfront, illinois.--The project for
ecosystem restoration, Peoria Riverfront, Illinois: Report of
the Chief of Engineers, dated July 28, 2003, at a total cost of
$16,000,000, with an estimated Federal cost of $10,400,000 and
an estimated non-Federal cost of $5,600,000.
(15) Bayou sorrel lock, louisiana.--The project for
navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief
of Engineers dated January 3, 2005, at a total cost of
$9,000,000. The costs of construction of the project are to be
paid half from amounts appropriated from the general fund of
the Treasury and half from amounts appropriated from the Inland
Waterways Trust Fund.
(16) Morganza to the gulf of mexico, louisiana.--
(A) In general.--The project for hurricane and
storm damage reduction, Morganza to the Gulf of Mexico,
Louisiana: Reports of the Chief of Engineers, dated
August 23, 2002, and July 22, 2003, at a total cost of
$788,000,000 with an estimated Federal cost of
$512,200,000 and an estimated non-Federal cost of
$275,800,000.
(B) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
the Houma Navigation Canal lock complex and the Gulf
Intracoastal Waterway floodgate features that provide
for inland waterway transportation shall be a Federal
responsibility, in accordance with section 102 of the
Water Resources Development Act of 1986 (33 U.S.C.
2212; Public Law 99-662).
(17) Smith island, maryland.--The project for ecosystem
restoration, Smith Island, Maryland: Report of the Chief of
Engineers, dated October 29, 2001, 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.
(18) Swope park industrial area, missouri.--The project for
flood damage reduction, Swope Park Industrial Area, Missouri:
Report of the Chief of Engineers, dated December 30, 2003, at a
total cost of $15,683,000, with an estimated Federal cost of
$10,194,000 and an estimated non-Federal cost of $5,489,000.
(19) Manasquan to barnegat inlets, new jersey.--The project
for hurricane and storm damage reduction, Manasquan to Barnegat
Inlets, New Jersey: Report of the Chief of Engineers dated
December 30, 2003, at a total cost of $64,872,000, with an
estimated Federal cost of $42,168,000 and an estimated non-
Federal cost of $22,704,000, and at an estimated total cost of
$107,990,000 for periodic beach nourishment over the 50-year
life of the project, with an estimated Federal cost of
$53,995,000 and an estimated non-Federal cost of $53,995,000.
(20) South river, new jersey.--The project for hurricane
and storm damage reduction and ecosystem restoration, South
River, New Jersey: Report of the Chief of Engineers, dated July
22, 2003, at a total cost of $112,623,000, with an estimated
Federal cost of $73,205,000 and an estimated non-Federal cost
of $39,418,000.
(21) Southwest valley, albuquerque, new mexico.--The
project for flood damage reduction, Southwest Valley,
Albuquerque, New Mexico: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $19,494,000, with an
estimated Federal cost of $12,671,000 and an estimated non-
Federal cost of $6,823,000.
(22) Corpus christi ship channel, corpus christi, texas.--
(A) In general.--The project for navigation and
ecosystem restoration, Corpus Christi Ship Channel,
Texas, Channel Improvement Project: Report of the Chief
of Engineers dated June 2, 2003, at a total cost of
$172,940,000, with an estimated Federal cost of
$80,086,000 and an estimated non-Federal cost of
$92,854,000.
(B) Navigational servitude.--In carrying out the
project under subsection (A), the Secretary shall
enforce navigational servitude in the Corpus Christi
Ship Channel, including, at the sole expense of the
owner of the facility, the removal or relocation of any
facility obstructing the project.
(23) Gulf intracoastal waterway, brazos river to port
o'connor, matagorda bay re-route, texas.--The project for
navigation, Gulf Intracoastal Waterway, Brazos River to Port
O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief of
Engineers, dated December 24, 2002, at a total cost of
$15,960,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(24) Gulf intracoastal waterway, high island to brazos
river, texas.--The project for navigation, Gulf Intracoastal
Waterway, Sabine River to Corpus Christi, Texas: Report of the
Chief of Engineers, dated April 16, 2004, at a total cost of
$13,104,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(25) Riverside oxbow, fort worth, texas.--The project for
ecosystem restoration, Riverside Oxbow, Fort Worth, Texas:
Report of the Chief of Engineers dated May 29, 2003, at a total
cost of $25,200,000, with an estimated Federal cost of
$10,400,000 and an estimated non-Federal cost of $14,800,000.
(26) Deep creek, chesapeake, virginia.--The project for the
Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek,
Chesapeake, Virginia: Report of the Chief of Engineers, dated
March 3, 2003, at a total cost of $35,573,000.
(27) Chehalis river, centralia, washington.--The project
for flood damage reduction, Centralia, Washington, authorized
by section 401(a) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4126)--
(A) is modified to be carried out at a total cost
of $109,850,000, with a Federal cost of $66,425,000,
and a non-Federal cost of $43,425,000; and
(B) shall be carried out by the Secretary
substantially in accordance with the plans, and subject
to the conditions, recommended in the final report of
the Chief of Engineers, dated September 27, 2004.
(b) Projects Subject to Final Report.--The following projects for
water resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, recommended
in a final report of the Chief of Engineers if a favorable report of
the Chief is completed not later than December 31, 2005:
(1) Miami harbor, miami, florida.--The project for
navigation, Miami Harbor, Miami, Florida, at a total cost of
$121,126,000, with an estimated Federal cost of $64,843,000 and
an estimated non-Federal cost of $56,283,000.
(2) Picayune strand, florida.--The project for ecosystem
restoration, Picayune Strand, Florida, at a total cost of
$349,422,000 with an estimated Federal cost of $174,711,000 and
an estimated non-Federal cost of $174,711,000, subject to
section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680).
(3) Des moines and raccoon rivers, des moines, iowa.--The
project for flood damage reduction, Des Moines and Raccoon
Rivers, Des Moines, Iowa, at a total cost of $10,000,000, with
an estimated Federal cost of $6,500,000, and an estimated non-
Federal cost of $3,500,000.
(4) Port of iberia, louisiana.--The project for navigation,
Port of Iberia, Louisiana, at a total cost of $194,000,000,
with an estimated Federal cost of $123,000,000 and an estimated
non-Federal cost of $71,000,000.
(5) Jamaica bay, marine park and plumb beach, queens and
brooklyn, new york.--The project for ecosystem 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.
(6) Raritan bay and sandy hook bay, union beach, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Union Beach, New Jersey, at a
total cost of $105,544,000, with an estimated Federal cost of
$68,603,600, and an estimated non-Federal cost of $36,940,400,
and at an estimated total cost of $2,315,000 for periodic
nourishment over the 50-year life of the project, with an
estimated Federal cost of $1,157,500, and an estimated non-
Federal cost of $1,157,500.
(7) Montauk point, new york.--The project for hurricane and
storm damage reduction, Montauk Point, Suffolk County, New
York, 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.
(8) Hocking river basin, monday creek, ohio.--The project
for ecosystem restoration, Hocking River Basin, Monday Creek,
Ohio, at a total cost of $20,000,000, with an estimated Federal
cost of $13,000,000 and an estimated non-Federal cost of
$7,000,000.
SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM
RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY SYSTEM.
(a) Definitions.--In this section, the following definitions apply:
(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 Study''
and dated September 24, 2004.
(2) 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.--
(A) In general.--The Secretary shall, in general
conformance with the Plan--
(i) construct mooring facilities at Locks
12, 14, 18, 20, 22, 24, and LaGrange Lock;
(ii) provide switchboats at Locks 20
through 25; and
(iii) conduct development and testing of an
appointment scheduling system.
(B) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $235,000,000 for fiscal years beginning
October 1, 2004. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated
from the general fund of the Treasury and \1/2\ from
amounts appropriated from the Inland Waterways Trust
Fund. Such sums shall remain available until expended.
(2) New locks.--
(A) In general.--The Secretary shall, in general
conformance with the Plan, 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.
(B) Mitigation.--The Secretary shall conduct
mitigation for the new locks and small scale and
nonstructural measures authorized under paragraphs (1)
and (2).
(C) Concurrence.--The mitigation required under
subparagraph (B) for the projects authorized under
paragraphs (1) and (2), including any acquisition of
lands or interests in lands, shall be undertaken or
acquired concurrently with lands and interests for the
projects authorized under paragraphs (1) and (2), and
physical construction required for the purposes of
mitigation shall be undertaken concurrently with the
physical construction of such projects.
(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $1,795,000,000 for fiscal years beginning
October 1, 2004. The costs of construction on the
project shall be paid \1/2\ from amounts appropriated
from the general fund of the Treasury and \1/2\ from
amounts appropriated from the Inland Waterways Trust
Fund. Such sums shall remain available until expended.
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall modify, consistent with
requirements to avoid adverse effects on navigation, the
operation of the Upper Mississippi River and Illinois Waterway
System to address the cumulative environmental impacts of
operation of the system and improve the ecological integrity of
the Upper Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall carry out,
consistent with requirements to avoid adverse effects
on navigation, ecosystem restoration projects to attain
and maintain the sustainability of the ecosystem of the
Upper Mississippi River and Illinois River in
accordance with the general framework outlined in the
Plan.
(B) Projects included.--Ecosystem restoration
projects may include, but are not limited to--
(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
clauses (ii) and (iii), 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) Savings clause.--Nothing in this
paragraph affects the applicability of section
906(e) of the Water Resources Development Act
of 1986 (33 U.S.C. 2283).
(iv) Nongovernmental organizations.--
Notwithstanding section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5(b)), for
any project carried out under this section, a
non-Federal sponsor may include a nonprofit
entity, with the consent of the affected local
government.
(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) Ecosystem restoration preconstruction engineering and
design.--
(A) Restoration design.--Before initiating the
construction of any individual ecosystem restoration
project, the Secretary shall--
(i) establish ecosystem restoration goals
and identify specific performance measures
designed to demonstrate ecosystem restoration;
(ii) establish the without-project
condition or baseline for each performance
indicator; and
(iii) for each separable element of the
ecosystem restoration, identify specific target
goals for each performance indicator.
(B) Outcomes.--Performance measures identified
under subparagraph (A)(i) should comprise specific
measurable environmental outcomes, such as changes in
water quality, hydrology, or the well-being of
indicator species the population and distribution of
which are representative of the abundance and diversity
of ecosystem-dependent aquatic and terrestrial species.
(C) Restoration design.--Restoration design carried
out as part of ecosystem restoration shall include a
monitoring plan for the performance measures identified
under subparagraph (A)(i), including--
(i) a timeline to achieve the identified
target goals; and
(ii) a timeline for the demonstration of
project completion.
(4) Specific projects authorization.--
(A) In general.--There are authorized to carry out
this subsection for fiscal years beginning October 1,
2005, $1,580,000,000, of which not more than
$226,000,000 shall be available for projects described
in paragraph (2)(B)(ii) and not more than $43,000,000
shall be available for projects described in paragraph
(2)(B)(x). Such sums shall remain available until
expended.
(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).
(C) Individual project limit.--Other than for
projects described in clauses (ii) and (x) of paragraph
(2)(B), the total cost of any single project carried
out under this subsection shall not exceed $25,000,000.
(5) Implementation reports.--
(A) In general.--Not later than June 30, 2008, and
every 5 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, milestones, 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) Panel members.--Panel members 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.
(iv) Application of federal advisory
committee act.--The Advisory Panel and any
working group established by the Advisory Panel
shall not be considered an advisory committee
under the Federal Advisory Committee Act (5
U.S.C. App.).
(6) Ranking system.--
(A) In general.--The Secretary, in consultation
with the Advisory Panel, 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 Secretary conducts pre-engineering,
design, and construction for projects authorized under this
section, the Secretary shall--
(A) select appropriate milestones; and
(B) determine, at the time of such selection,
whether the projects are being carried out at
comparable rates.
(2) No comparable rate.--If the Secretary determines under
paragraph (1)(B) that projects authorized under this subsection
are not moving toward completion at a comparable rate, annual
funding requests for the projects will be adjusted to ensure
that the projects move toward completion at a comparable rate
in the future.
SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA.
(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially
in accordance with the report of the Chief of Engineers, dated January
31, 2005.
(b) Priorities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall give priority to--
(A) any portion of the program identified in the
report described in subsection (a) as a critical
restoration feature;
(B) any Mississippi River diversion project that--
(i) protects a major population area of the
Pontchartain, Pearl, Breton Sound, Barataria,
or Terrebonne Basin; and
(ii) produces an environmental benefit to
the coastal area of the State of Louisiana or
the State of Mississippi; and
(C) any barrier island, or barrier shoreline,
project that--
(i) is carried out in conjunction with a
Mississippi River diversion project; and
(ii) protects a major population area.
(c) Nongovernmental organizations.--A nongovernmental organization
shall be eligible to contribute all or a portion of the non-Federal
share of the cost of a project under this section.
(d) Comprehensive Plan.--
(1) In general.--The Secretary, in coordination with the
Governor of the State of Louisiana, shall--
(A) develop a plan for protecting, preserving, and
restoring the coastal Louisiana ecosystem; and
(B) not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter,
submit to Congress the plan, or an update of the plan.
(2) Inclusions.--The comprehensive plan shall include a
description of--
(A) the framework of a long-term program that
provides for the comprehensive protection,
conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary),
barrier islands, shorelines, and related land and
features of the coastal Louisiana ecosystem, including
protection of a critical resource, habitat, or
infrastructure from the effects of a coastal storm, a
hurricane, erosion, or subsidence;
(B) the means by which a new technology, or an
improved technique, can be integrated into the program
under subsection (a); and
(C) the role of other Federal agencies and programs
in carrying out the program under subsection (a).
(3) Consideration.--In developing the comprehensive plan,
the Secretary shall consider the advisability of integrating
into the program under subsection (a)--
(A) a related Federal or State project carried out
on the date on which the plan is developed;
(B) an activity in the Louisiana Coastal Area; or
(C) any other project or activity identified in--
(i) the Mississippi River and Tributaries
program;
(ii) the Louisiana Coastal Wetlands
Conservation Plan;
(iii) the Louisiana Coastal Zone Management
Plan; or
(iv) the plan of the State of Louisiana
entitled ``Coast 2050: Toward a Sustainable
Coastal Louisiana''.
(e) Task Force.--
(1) Establishment.--There is established a task force to be
known as the ``Coastal Louisiana Ecosystem Protection and
Restoration Task Force'' (referred to in this subsection as the
``Task Force'').
(2) Membership.--The Task Force shall consist of the
following members (or, in the case of the head of a Federal
agency, a designee at the level of Assistant Secretary or an
equivalent level):
(A) The Secretary.
(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) 3 representatives of the State of Louisiana
appointed by the Governor of that State.
(3) Duties.--The Task Force shall make recommendations to
the Secretary regarding--
(A) policies, strategies, plans, programs,
projects, and activities for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem;
(B) financial participation by each agency
represented on the Task Force in conserving,
protecting, restoring, and maintaining the coastal
Louisiana ecosystem, including recommendations--
(i) that identify funds from current agency
missions and budgets; and
(ii) for coordinating individual agency
budget requests; and
(C) the comprehensive plan under subsection (d).
(4) Working groups.--The Task Force may establish such
working groups as the Task Force determines to be necessary to
assist the Task Force in carrying out this subsection.
(5) Application of the federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Task Force or any working group of the Task Force.
(f) Mississippi River Gulf Outlet.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
modifying the Mississippi River Gulf Outlet that addresses--
(A) wetland losses attributable to the Mississippi
River Gulf Outlet;
(B) channel bank erosion;
(C) hurricane storm surges;
(D) saltwater intrusion;
(E) navigation interests; and
(F) environmental restoration.
(2) Report.--The Secretary, in conjunction with the Chief
of Engineers, shall submit to Congress a report recommending
modifications to the Mississippi River Gulf Outlet, including
measures to prevent the intrusion of saltwater into the Outlet.
(g) Science and Technology.--
(1) In general.--The Secretary shall establish a coastal
Louisiana ecosystem science and technology program.
(2) Purposes.--The purposes of the program established by
paragraph (1) shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and
cultural baseline conditions in coastal Louisiana;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline
conditions in coastal Louisiana; and
(C) to identify and develop technologies, models,
and methods to carry out this subsection.
(3) Working groups.--The Secretary may establish such
working groups as the Secretary determines to be necessary to
assist the Secretary in carrying out this subsection.
(4) Contracts and cooperative agreements.--In carrying out
this subsection, the Secretary may enter into a contract or
cooperative agreement with an individual or entity (including a
consortium of academic institutions in Louisiana and
Mississippi) with scientific or engineering expertise in the
restoration of aquatic and marine ecosystems for coastal
restoration and enhancement through science and technology.
(h) Analysis of Benefits.--
(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 an activity to conserve, protect,
restore, or maintain the coastal Louisiana ecosystem, the
Secretary may determine that the environmental benefits
provided by the program under this section outweigh the
disadvantage of an activity under this section.
(2) Determination of cost-effectiveness.--If the Secretary
determines that an activity under this section is cost-
effective, no further economic justification for the activity
shall be required.
(i) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary, in consultation with the non-Federal interest,
shall enter into a contract with the National Academy of Sciences under
which the National Academy of Sciences shall carry out a study to
identify the cause of any degradation of the Louisiana Coastal Area
ecosystem that occurs as a result of an activity under this section.
(j) Report.--Not later than July 1, 2006, the Secretary, in
conjunction with the Chief of Engineers, shall submit to Congress a
report describing the features included in table 3 of the report
described in subsection (a).
(k) Project Modifications.--
(1) Review.--The Secretary, in cooperation with any non-
Federal interest, shall review each federally-authorized water
resources project in the coastal Louisiana area in existence on
the date of enactment of this Act to determine whether--
(A) each project is in accordance with the program
under subsection (a); and
(B) the project could contribute to ecosystem
restoration under subsection (a) through modification
of the operations or features of the project.
(2) Public notice and comment.--Before modifying an
operation or feature of a project under paragraph (1)(B), the
Secretary shall provide an opportunity for public notice and
comment.
(3) Report.--
(A) In general.--Before modifying an operation or
feature of a project under paragraph (1)(B), 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 describing the modification.
(B) Inclusion.--A report under paragraph (2)(B)
shall include such information relating to the timeline
and cost of a modification as the Secretary determines
to be relevant.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study for each of
the following projects and, if the Secretary determines that a project
is feasible, may carry out the project under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s):
(1) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River basin, Grubbs, Arkansas.
SEC. 1005. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Little rock port, arkansas.--Project for navigation,
Little Rock Port, Arkansas River, Arkansas.
(2) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(3) Outer channel and inner harbor, menominee harbor,
michigan and wisconsin.--Project for navigation, Outer Channel
and Inner Harbor, Menominee Harbor, Michigan and Wisconsin.
(4) Middle bass island state park, middle bass island,
ohio.--Project for navigation, Middle Bass Island State Park,
Middle Bass Island, Ohio.
(5) Outer channel and inner harbor, menominee, wisconsin.--
Project for navigation, Menominee Harbor, Michigan and
Wisconsin.
SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) San diego river, california.--Project for aquatic
ecosystem restoration, San Diego River, California, including
efforts to address invasive aquatic plant species.
(2) Suison marsh, san pablo bay, california.--Project for
aquatic ecosystem restoration, San Pablo Bay, California.
(3) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
TITLE II--GENERAL PROVISIONS
Subtitle A--Provisions
SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.
Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)
is amended--
(1) by striking ``Sec. 221 (a) After'' and inserting the
following:
``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.
``(a) Cooperation of non-Federal Interest.--
``(1) In general.--After''; and
(2) in subsection (a)--
(A) by striking ``In any'' and inserting the
following:
``(2) Future apropriations.--In any''; and
(B) 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. 2002. INTERAGENCY AND INTERNATIONAL 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, 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)--
(A) by striking ``$250,000 for fiscal year 2001''
and inserting ``$1,000,000 for fiscal year 2006''; and
(B) by striking ``or international organizations''
and inserting ``, international organizations, or
foreign governments''.
SEC. 2003. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals from the
private sector in training classes and courses offered by the Corps of
Engineers in any case in which the Secretary determines that it is in
the best interest of the Federal Government to include those
individuals as participants.
(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 by an individual for training
received 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. 2004. RECREATIONAL AREAS AND PROJECT SITES.
(a) Construction and Operation of Public Parks and Recreational
Facilities in Water Resource Development Projects; Lease of Lands;
Preference for Use; Penalty; Application of Section 3401 of Title 18,
United States Code; Citations and Arrests With and Without Process;
Limitations; Disposition of Receipts.--Section 4 of the Act of December
22, 1944 (commonly known as the ``Flood Control Act of 1944'') (16
U.S.C. 460d) is amended--
(1) in the second sentence--
(A) by striking ``Provided, That leases'' and all
that follows through ``premises'' and inserting the
following: ``Provided, That any new lease granted under
this section to a nonprofit organization for park and
recreational purposes, and any new lease or license
granted to a Federal, State, or local governmental
agency for any public purpose, shall include a
provision requiring that consideration for the grant of
the lease or license shall be at least sufficient to
pay the costs of administering the grant, as determined
by the Secretary of the Army''; and
(B) by striking ``Provided further, That
preference'' and all that follows through ``And
provided'' and inserting ``Provided''; and
(2) by striking the last sentence and inserting the
following: ``Any funds received by the United States for a
lease or privilege granted under this section shall be
deposited and made available in accordance with section 210 of
the Flood Control Act of 1968 (16 U.S.C. 460d-3).''.
(b) Recreational User Fees.--Section 210 of the Flood Control Act
of 1968 (16 U.S.C. 460d-3) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary of the Army shall carry out a
recreation user fee program to recover from users of recreation areas
and project sites under the jurisdiction of the Corps of Engineers the
portion of costs associated with operating and maintaining those
recreation areas and project sites.'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting
``Admission and User'' before ``Fees'';
(B) by striking paragraphs (3) and (4);
(C) by redesignating paragraph (2) as paragraph
(3);
(D) in paragraph (1), by striking ``but excluding''
and all that follows and inserting the following: ``,
including fees--
``(A) for admission to the recreation area or
project site of an individual or group; and
``(B) for the use by an individual or group of an
outdoor recreation area, a facility, a visitors'
center, a piece of equipment, or a service at the
recreation area or project site.'';
(E) by inserting after paragraph (1) the following:
``(2) Amount.--The Secretary of the Army shall determine
the amount of a fee established and collected under paragraph
(1) based on the fair market value, taking into consideration
any comparable recreation fee for admission to, or use of, the
recreation area or project site.'';
(F) in paragraph (3) (as redesignated by
subparagraph (C))--
(i) by striking ``picnic tables'';
(ii) by striking ``surface water areas'';
and
(iii) by striking ``or general visitor
information'' and inserting ``general visitor
information, or a project site or facility that
includes only a boat launch ramp and a courtesy
dock''; and
(G) by inserting after paragraph (3) (as
redesignated by subparagraph (C)) the following:
``(4) Contracts and services.--The Secretary of the Army
may--
``(A) enter into a contract (including a contract
that provides for a reasonable commission, as
determined by the Secretary) with any public or private
entity to provide a visitor service for a recreation
area or project site under this section, including the
taking of reservations and the provision of information
regarding the recreation area or project site; and
``(B) accept the services of a volunteer to collect
a fee established and collected under paragraph (1).
``(5) Deposit into treasury account.--
``(A) In general.--Any fee collected under this
subsection shall--
``(i) be deposited into the Treasury
account for the Corps of Engineers established
by section 4(i)(1)(A) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(i)(1)(A)); and
``(ii) be made available until expended to
the Secretary of the Army, without further
appropriation, for use for the purposes
described in section 4(i)(3) of that Act (16
U.S.C. 460l-6a(i)(3)).
``(B) Limitation.--Not more than 80 percent of a
fee established and collected at a recreational area or
project site under this subsection shall be made
available to pay the costs of a water resources
development project under the jurisdiction of the Corps
of Engineers located at the recreational area or
project site.''; and
(3) by adding at the end the following:
``(c) Other Fees.--Any fee established and collected at a
recreational area or project site under subsection (b) shall be
considered to be established and collected in lieu of a similar fee
established and collected at the recreational area or project site
under any other provision of law.''.
(c) Admission and Use Fees; Establishment and Regulations.--Section
4(i)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(i)(3)) is amended--
(1) in the first sentence, by striking ``For'' and
inserting the following:
``(A) In general.--For'';
(2) by striking the second sentence and inserting the
following:
``(B) Use of funds.--To the maximum extent
practicable, funds under this subsection shall be used
for a purpose described in subparagraph (A) that is
directly related to the activity through which the
funds were generated, including water-based
recreational activities and camping.''; and
(3) by adding at the end the following:
``(C) Department of army sites.--Any funds under
this subsection may be used at a project site of the
Department of the Army to pay the costs of--
``(i) a repair or maintenance project
(including a project relating to public health
and safety);
``(ii) an interpretation project;
``(iii) signage;
``(iv) habitat or facility enhancement;
``(v) resource preservation;
``(vi) annual operation (including
collection of fees and costs of administering
grants under section 4 of the Act of December
22, 1944 (commonly known as the ``Flood Control
Act of 1944'') (16 U.S.C. 460d);
``(vii) law enforcement relating to public
use; and
``(viii) planning.''.
(d) Conforming Amendment.--Section 225 of the Water Resources
Development Act of 1999 (16 U.S.C. 460l-6a note; Public Law 106-53) is
repealed.
SEC. 2005. FISCAL TRANSPARENCY REPORT.
(a) In General.--On the third Tuesday of January of each year
beginning January 2006, the Chief of Engineers shall submit to the
Committee of Environment and Public Works of the 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 expects to complete 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 completed
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 storage 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 on which each permit application is
filed;
(B) the date on which 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 of the reasons for the
delay.
SEC. 2006. 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--
(1) by striking ``Enhancing'' and inserting the following:
``(a) In General.--Enhancing''; and
(2) by adding at the end the following:
``(b) Assessments.--For all feasibility reports completed after
December 31, 2005, the Secretary shall assess whether--
``(1) the water resource project and each separable element
is cost-effective; and
``(2) the water resource project complies with Federal,
State, and local laws (including 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 establish a plan and schedule to periodically update and
revise the planning guidelines, regulations, and circulars of
the Corps of Engineers to improve the analysis of water
resource projects, including the integration of new and
existing analytical techniques that properly reflect the
probability of project benefits and costs, as the Secretary
determines appropriate.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost-Benefit Analysis.--Recommendation of a feasibility study
shall be based on an analysis of the benefits and costs, both
quantified and unquantified, that--
``(1) identifies areas of risk and uncertainty in the
analysis;
``(2) clearly describes the degree of reliability of the
estimated benefits and costs of the effectiveness of
alternative plans, including an assessment of the credibility
of the physical project construction schedule as the schedule
affects the estimated benefits and costs;
``(3) identifies national, regional, and local economic
costs and benefits;
``(4) identifies environmental costs and benefits,
including the costs and benefits of protecting or degrading
natural systems;
``(5) identifies social costs and benefits, including a
risk analysis regarding potential loss of life that may result
from flooding and storm damage; and
``(6) identifies cultural and historical costs and
benefits.''.
(c) Planning Process Improvements.--The Chief of Engineers--
(1) shall, not later than 2 years after the date on which
the feasibility study cost sharing agreement is signed for a
project, subject to the availability of appropriations--
(A) complete the feasibility study for the project;
and
(B) sign the report of the Chief of Engineers for
the project;
(2) may, with the approval of the Secretary, extend the
deadline established under paragraph (1) for not to exceed 4
years, for a complex or controversial study;
(3)(A) shall adopt a risk analysis approach to project cost
estimates; and
(B) not later than 1 year after the date of enactment of
this Act, shall--
(i) issue procedures for risk analysis for cost
estimation; and
(ii) submit to Congress a report that includes
suggested amendments to section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280); and
(4) shall--
(A) identify and review all critical methods,
models, and procedures used in the planning process of
the Corps of Engineers to formulate and evaluate water
resource projects;
(B) identify other existing or new methods, models,
or procedures that may enhance the water resource
planning process;
(C) establish a systematic process for evaluating
and validating the effectiveness and efficiency of all
methods, models, and procedures;
(D) develop and maintain a set of approved methods,
models, and procedures to be applied to the water
resource planning process across the Corps of
Engineers;
(E) develop and maintain effective systems for
technology transfer and support to provide state-of-
the-art skills and knowledge to the workforce; and
(F) 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 resource planning process.
(d) Project Planning.--
(1) Objectives.--
(A) Flood and hurricane and storm damage reduction
and navigation projects.--The Federal objective of any
study of the feasibility of a water resource project
carried out by the Secretary for flood damage
reduction, hurricane and storm damage reduction, or
navigation shall be to maximize the net national
economic development benefits associated with the
project, consistent with protecting the environment of
the United States.
(B) Ecosystem restoration projects.--The Federal
objective of any study of the feasibility of a water
resource project for ecosystem restoration carried out
by the Secretary shall be to maximize the net national
ecosystem restoration benefits associated with the
project, consistent with national economic development
of the United States.
(C) Projects with multiple purposes.--In the case
of a study that includes multiple project purposes, the
primary and other project purposes shall be evaluated
based on the relevant Federal objective identified
under subparagraphs (A) and (B).
(D) Selection of project alternatives.--
(i) In general.--Notwithstanding the
Federal objectives identified in this
paragraph, the Secretary may select a project
alternative that does not maximize net benefits
if there is an overriding reason for selection
of the alternative that is based on other
Federal, State, local, or international
concerns.
(ii) Flood and hurricane and storm damage
reduction and navigation projects.--With
respect to a water resource project described
in subparagraph (A), an overriding reason for
selecting a project alternative other than the
alternative that maximizes national economic
development benefits may be, as determined by
the Secretary, with the concurrence of the non-
Federal interest, that the other project
alternative is feasible and achieves the
project purposes but provides greater ecosystem
restoration benefits or less adverse
environmental impacts.
(iii) Ecosystem restoration projects.--With
respect to a water resource project described
in subparagraph (B), an overriding reason for
selecting a project alternative other than the
project alternative that maximizes national
ecosystem restoration benefits may be, as
determined by the Secretary, with the
concurrence of the non-Federal interest, that
the other project alternative is feasible and
achieves the project purpose but provides
greater economic development benefits or less
adverse economic impacts.
(2) Identifying additional benefits and projects.--
(A) Primarily economic benefits.--In conducting a
study of the feasibility of a project the primary
benefits of which are expected to be economic, the
Secretary may--
(i) identify ecosystem restoration benefits
that may be achieved in the study area; and
(ii) after obtaining the participation of a
non-Federal interest, study and recommend
construction of additional measures, a separate
project, or separable element, to achieve those
benefits.
(B) Primarily ecosystem restoration benefits.--In
conducting a study of the feasibility of a project the
primary benefits of which are expected to be associated
with ecosystem restoration, the Secretary may--
(i) identify economic benefits that may be
achieved in the study area; and
(ii) after obtaining the participation of a
non-Federal interest, study and recommend
construction of additional measures, a separate
project, or separable element, to achieve those
benefits.
(C) Rules applicable to identified separate
projects and elements.--
(i) In general.--Any additional measure,
separable project, or element identified under
subparagraph (A) or (B) and recommended for
construction shall not be considered integral
to the underlying project under study unless
the Secretary determines, and the non-Federal
interest agrees, that the measure, project, or
element, is integral.
(ii) Partnership agreement.--If authorized,
the measure, project, or element shall be
subject to a separate partnership agreement,
unless the non-Federal interest agrees to share
in the cost of the additional measure, project,
or separable element.
(3) Calculation of benefits and costs for flood damage
reduction projects.--A feasibility study for a project for
flood damage reduction shall include, as part of the
calculation of benefits and costs--
(A) a calculation of the residual risk of flooding
following completion of the proposed project;
(B) a calculation of any upstream or downstream
impacts of the proposed project; and
(C) calculations to ensure that the benefits and
costs associated with structural and nonstructural
alternatives are evaluated in an equitable manner.
(e) Centers of Specialized Planning Expertise.--
(1) Establishment.--The Secretary may establish centers of
expertise to provide specialized planning expertise for water
resource projects to be carried out by the Secretary in order
to enhance and supplement the capabilities of the districts of
the Corps of Engineers.
(2) Duties.--A center of expertise established under this
subsection shall--
(A) provide technical and managerial assistance to
district commanders of the Corps of Engineers for
project planning, development, and implementation;
(B) provide 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;
(C) provide support for external peer review panels
convened by the Secretary; and
(D) carry out such other duties as are prescribed
by the Secretary.
(f) Completion of Corps of Engineers Reports.--
(1) Alternatives.--
(A) In general.--Feasibility and other studies and
assessments of water resource problems and projects
shall include recommendations for alternatives--
(i) that, as determined by the non-Federal
interests for the projects, promote integrated
water resources management; and
(ii) for which the non-Federal interests
are willing to provide the non-Federal share
for the studies or assessments.
(B) Scope and purposes.--The scope and purposes of
studies and assessments described in subparagraph (A)
shall not be constrained by budgetary or other policy
as a result of the inclusion of alternatives described
in that subparagraph.
(C) No effect on authority of chief.--The Chief of
Engineers--
(i) shall not, in the completion of reports
of the Chief of Engineers to Congress, be
subject to direction as to the contents,
findings, or recommendation of the reports; and
(ii) shall be solely responsible for--
(I) those reports; and
(II) any related recommendations,
including evaluations and
recommendations for changes in law or
policy that may be appropriate to
attain the best technical solutions to
water resource needs and problems.
(2) Report completion.--The completion of a report of the
Chief of Engineers for a project--
(A) shall not be delayed while consideration is
being given to potential changes in policy or priority
for project consideration; and
(B) shall be submitted, upon completion, to--
(i) the Committee on Environment and Public
Works of the Senate; and
(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
(g) Completion Review.--
(1) In general.--Except as provided in paragraph (2), not
later than 90 days after the date of completion of a report of
the Chief of Engineers that recommends to Congress a water
resource project, the Secretary shall--
(A) review the report; and
(B) provide any recommendations of the Secretary
regarding the water resource project to Congress.
(2) Prior reports.--Not later than 90 days after the date
of enactment of this Act, with respect to any report of the
Chief of Engineers recommending a water resource project that
is complete prior to the date of enactment of this Act, the
Secretary shall complete review of, and provide recommendations
to Congress for, the report in accordance with paragraph (1).
SEC. 2007. INDEPENDENT REVIEWS.
(a) Definitions.--In this section:
(1) Eligible organization.--The term ``eligible
organization'' means an organization that--
(A) is described in section 501(c)(3), and exempt
from Federal tax under section 501(a), of the Internal
Revenue Code of 1986;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against
Federal water resources projects; and
(E) has experience in establishing and
administering peer review panels.
(2) Project study.--
(A) In general.--The term ``project study'' means a
feasibility study or reevaluation study for a project.
(B) Inclusions.--The term ``project study''
includes any other study associated with a modification
or update of a project that includes an environmental
impact statement or an environmental assessment.
(b) Peer Reviews.--
(1) Policy.--
(A) In general.--Major engineering, scientific, and
technical work products related to Corps of Engineers
decisions and recommendations to Congress should be
peer reviewed.
(B) Application.--This policy--
(i) applies to peer review of the
scientific, engineering, or technical basis of
the decision or recommendation; and
(ii) does not apply to the decision or
recommendation itself.
(2) Guidelines.--
(A) In general.--Not later than the date that is 1
year after the date of enactment of this Act, the Chief
of Engineers shall publish and implement guidelines to
Corps of Engineers Division and District Engineers for
the use of peer review (including external peer review)
of major scientific, engineering, and technical work
products that support the recommendations of the Chief
to Congress for implementation of water resources
projects.
(B) Information quality act.--The guidelines shall
be consistent with the Information Quality Act (section
515 of Public Law 106-554), as implemented in Office of
Management and Budget, Revised Information Quality
Bulletin for Peer Review, dated December 15, 2004.
(C) Requirements.--The guidelines shall adhere to
the following requirements:
(i) Application of peer review.--Peer
review shall--
(I) be applied only to the
engineering, scientific, and technical
basis for recommendations; and
(II) shall not be applied to--
(aa) a specific
recommendation; or
(bb) the application of
policy to recommendations.
(ii) Analyses and evaluations in multiple
project studies.--Guidelines shall provide for
conducting and documenting peer review of major
scientific, technical, or engineering methods,
models, procedures, or data that are used for
conducting analyses and evaluations in multiple
project studies.
(iii) Inclusions.--Peer review applied to
project studies may include a review of--
(I) the economic and environmental
assumptions and projections;
(II) project evaluation data;
(III) economic or environmental
analyses;
(IV) engineering analyses;
(V) methods for integrating risk
and uncertainty;
(VI) models used in evaluation of
economic or environmental impacts of
proposed projects; and
(VII) any related biological
opinions.
(iv) Exclusion.--Peer review applied to
project studies shall exclude a review of any
methods, models, procedures, or data previously
subjected to peer review.
(v) Timing of review.--Peer review related
to the engineering, scientific, or technical
basis of any project study shall be completed
prior to the completion of any Chief of
Engineers report for a specific water resources
project.
(vi) Delays; increased costs.--Peer reviews
shall be conducted in a manner that does not--
(I) cause a delay in study
completion; or
(II) increase costs.
(vii) Record of recommendations.--
(I) In general.--After receiving a
report from any peer review panel, the
Chief of Engineers shall prepare a
record that documents--
(aa) any recommendations
contained in the report; and
(bb) any written response
for any recommendation adopted
or not adopted and included in
the study documentation.
(II) External review record.--If
the panel is an external peer review
panel of a project study, the record of
the review shall be included with the
report of the Chief of Engineers to
Congress.
(viii) External panel of experts.--
(I) In general.--Any external panel
of experts assembled to review the
engineering, science, or technical
basis for the recommendations of a
specific project study shall--
(aa) complete the peer
review of the project study and
submit to the Chief of
Engineers a report not later
than 180 days after the date of
establishment of the panel, or
(if the Chief of Engineers
determines that a longer period
of time is necessary) at the
time established by the Chief,
but in no event later than 90
days after the date a draft
project study of the District
Engineer is made available for
public review; and
(bb) terminate on the date
of submission of the report by
the panel.
(II) Failure to complete review and report.--If an
external panel does not complete the peer review of a
project study and submit to the Chief of Engineers a
report by the deadline established by subclause (I),
the Chief of Engineers shall continue the project
without delay.
(3) Costs.--
(A) In general.--The costs of a panel of experts
established for a peer review under this section--
(i) shall be a Federal expense; and
(ii) shall not exceed $500,000 for review
of the engineering, scientific, or technical
basis for any single water resources project
study.
(B) Waiver.--The Chief of Engineers may waive the
$500,000 limitation under subparagraph (A) if the Chief
of Engineers determines appropriate.
(4) Report.--Not later than 5 years after the date of
enactment of this Act, the Chief of Engineers shall submit to
Congress a report describing the implementation of this
section.
(5) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to any peer review panel established by the Chief of
Engineers.
(6) Panel of experts.--The Chief of Engineers may contract
with the National Academy of Sciences (or a similar independent
scientific and technical advisory organization), or an eligible
organization, to establish a panel of experts to peer review
for technical and scientific sufficiency.
(7) 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, scientific,
or technical basis of any water resources project in existence
on the date of enactment of this Act.
SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) Completion of Mitigation.--Section 906(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended by
adding at the following:
``(3) Completion of mitigation.--In any case in which it is
not technically practicable to complete mitigation by the last
day of construction of the project or separable element of the
project because of the nature of the mitigation to be
undertaken, the Secretary shall complete the required
mitigation as expeditiously as practicable, but in no case
later than the last day of the first fiscal year beginning
after the last day of construction of the project or separable
element of the project.''.
(b) Use of Consolidated Mitigation.--Section 906(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(b)) is amended by
adding at the end the following:
``(3) Use of consolidated mitigation.--
``(A) In general.--If the Secretary determines that
other forms of compensatory mitigation are not
practicable or are less environmentally desirable, the
Secretary may purchase available credits from a
mitigation bank or conservation bank that is approved
in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigations Banks
(60 Fed. Reg. 58605) or other applicable Federal laws
(including regulations).
``(B) Service area.--To the maximum extent
practicable, the service area of the mitigation bank or
conservation bank shall be in the same watershed as the
affected habitat.
``(C) Responsibility relieved.--Purchase of credits
from a mitigation bank or conservation bank for a water
resources project relieves the Secretary and the non-
Federal interest from responsibility for monitoring or
demonstrating mitigation success.''.
(b) Mitigation Plan Contents.--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) Contents.--A mitigation plan shall include--
``(A)(i) a description of the physical action to be
undertaken to achieve the mitigation objectives in the
watershed in which the losses occur; and
``(ii) in any case in which mitigation must take
place outside the watershed, a justification detailing
the rationale for undertaking the mitigation outside of
the watershed;
``(B) a description of the quantity of types of
land or interests in land that should be acquired for
mitigation and the basis for a determination that the
land are available for acquisition;
``(C) the type, quantity, and characteristics of
the habitat being restored; and
``(D) a plan for any necessary monitoring to
determine the success of the mitigation, including the
cost and duration of any monitoring and, to the extent
practicable, the entities responsible for the
monitoring.
``(4) Responsibility for monitoring.--In any case in which
it is not practicable to identify in a mitigation plan for a
water resources project the entity responsible for monitoring
at the time of a final report of the Chief of Engineers or
other final decision document for the project, the entity shall
be identified in the partnership agreement entered into with
the non-Federal interest.''.
(c) Status Report.--
(1) In general.--Concurrent with the submission of the
President to Congress of the request of the President for
appropriations for the Civil Works Program for a fiscal year,
the Secretary shall submit to the Committee on the Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the status of construction
of projects that require mitigation under section 906 of Water
Resources Development Act 1986 (33 U.S.C. 2283) and the status
of that mitigation.
(2) Projects included.--The status report shall include the
status of--
(A) all projects that are under construction as of
the date of the report;
(B) all projects for which the President requests
funding for the next fiscal year; and
(C) all projects that have completed construction,
but have not completed the mitigation required under
section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283).
SEC. 2009. STATE TECHNICAL ASSISTANCE.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) by striking ``Sec. 22. (a) The Secretary'' and
inserting the following:
``SEC. 22. PLANNING ASSISTANCE TO STATES.
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) in subsection (a), by adding at the end the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental
agency or non-Federal interest, the Secretary may
provide, at Federal expense, technical assistance to
the agency or non-Federal interest in managing water
resources.
``(B) Types of assistance.--Technical assistance
under this paragraph may include provision and
integration of hydrologic, economic, and environmental
data and analyses.'';
(3) in subsection (b)(1), by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(2), by striking ``up to \1/2\ of
the'' and inserting ``the'';
(5) in subsection (c)--
(A) by striking ``(c) There is'' and inserting the
following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(B) in paragraph (1) (as designated by subparagraph
(A)), by striking ``the provisions of this section
except that not more than $500,000 shall be expended in
any one year in any one State.'' and inserting
``subsection (a)(1).''; and
(C) by adding at the end the following:
``(2) Technical assistance.--There is authorized to be
appropriated to carry out subsection (a)(2) $10,000,000 for
each fiscal year, of which not more than $2,000,000 for each
fiscal year may be used by the Secretary to enter into
cooperative agreements with nonprofit organizations and State
agencies to provide assistance to rural and small
communities.''; and
(6) by adding at the end the following:
``(e) Annual Submission.--For each fiscal year, based on
performance criteria developed by the Secretary, the Secretary shall
list in the annual civil works budget submitted to Congress the
individual activities proposed for funding under subsection (a)(1) for
the fiscal year.''.
SEC. 2010. ACCESS TO WATER RESOURCE DATA.
(a) In General.--The Secretary, acting through the Chief of
Engineers, shall carry out a program to provide public access to water
resource and related water quality data in the custody of the Corps of
Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in
water resource project development and regulation under section
404 of the Federal Water Pollution Control Act (33 U.S.C.
1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year.
SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
(a) In General.--Section 211(e)(6) of the Water Resources
Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended by adding
at the end following:
``(E) Budget priority.--
``(i) In general.--Budget priority for
projects under this section shall be
proportionate to the percentage of project
completion.
``(ii) Completed project.--A completed
project shall have the same priority as a
project with a contractor on site.''.
(b) Construction of Flood Control Projects by Non-Federal
Interests.--Section 211(f) of the Water Resources Development Act of
1996 (33 U.S.C. 701b-13) is amended by adding at the end the following:
``(9) Thornton reservoir, cook county, illinois.--An
element of the project for flood control, Chicagoland Underflow
Plan, Illinois.
``(10) St. paul downtown airport (holman field), st. paul,
minnesota.--The project for flood damage reduction, St. Paul
Downtown Holman Field), St. Paul, Minnesota.
``(11) Buffalo bayou, texas.--The project for flood
control, Buffalo Bayou, Texas, authorized by the first section
of the Act of June 20, 1938 (52 Stat. 804, chapter 535)
(commonly known as the ``River and Harbor Act of 1938'') and
modified by section 3a of the Act of August 11, 1939 (53 Stat.
1414, chapter 699) (commonly known as the ``Flood Control Act
of 1939''), except that, subject to the approval of the
Secretary as provided by this section, the non-Federal interest
may design and construct an alternative to such project.
``(12) Halls bayou, texas.--The Halls Bayou element of the
project for flood control, Buffalo Bayou and tributaries,
Texas, authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (33 U.S.C. 2201 note), except that,
subject to the approval of the Secretary as provided by this
section, the non-Federal interest may design and construct an
alternative to such project.''.
SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.
(a) In General.--Section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326) is amended to read as follows:
``(a) In General.--In connection with sediment obtained through the
construction, operation, or maintenance of an authorized Federal water
resources project, the Secretary, acting through the Chief of
Engineers, shall develop Regional Sediment Management plans and carry
out projects 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, modification, or
rehabilitation of projects associated with Federal water resources
projects, for--
``(1) the protection of property;
``(2) the protection, restoration, and creation of aquatic
and ecologically related habitats, including wetlands; and
``(3) the transport and placement of suitable sediment
``(b) Secretarial Findings.--Subject to subsection (c), projects
carried out under subsection (a) may be carried out in any case in
which the Secretary finds that--
``(1) the environmental, economic, and social benefits of
the project, both monetary and nonmonetary, justify the cost of
the project; and
``(2) the project would not result in environmental
degradation.
``(c) Determination of Planning and Project Costs.--
``(1) In general.--In consultation and cooperation with the
appropriate Federal, State, regional, and local agencies, the
Secretary, acting through the Chief of Engineers, shall develop
at Federal expense plans and projects for regional management
of sediment obtained in conjunction with construction,
operation, and maintenance of Federal water resources projects.
``(2) Costs of construction.--
``(A) Costs associated with construction of a
project under this section or identified in a Regional
Sediment Management plan shall be limited solely to
construction costs that are in excess of those costs
necessary to carry out the dredging for construction,
operation, or maintenance of an authorized Federal
water resources project in the most cost-effective way,
consistent with economic, engineering, and
environmental criteria.
``(B) The determination of any non-Federal share of
the construction cost shall be based on the cost
sharing as specified in subsections (a) through (d) of
section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213), for the type of Federal water
resource project using the dredged resource.
``(3) Total cost.--Total Federal costs associated with
construction of a project under this section shall not exceed
$5,000,000 without Congressional approval.
``(4) Operation, maintenance, replacement, and
rehabilitation costs.--Operation, maintenance, replacement, and
rehabilitation costs associated with a project are a non-
Federal sponsor responsibility.
``(d) Selection of Sediment Disposal Method for Environmental
Purposes.--
``(1) In general.--In developing and carrying out a Federal
water resources project involving the disposal of material, the
Secretary may select, with the consent of the non-Federal
interest, a disposal method that is not the least-cost option
if the Secretary determines that the incremental costs of the
disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to
be derived from the creation of wetlands and control of
shoreline erosion.
``(2) Federal share.--The Federal share of such incremental
costs shall be determined in accordance with subsection (c).
``(e) State and Regional Plans.--The Secretary, acting through the
Chief of Engineers, may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional coastal sediment management
plan within the boundaries of the State;
``(2) encourage State participation in the implementation
of the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.
``(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;
``(2) Fletcher Cove, California;
``(3) Delaware River Estuary, New Jersey and Pennsylvania;
and
``(4) Toledo Harbor, Lucas County, Ohio.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 during each fiscal
year, to remain available until expended, for the Federal costs
identified under subsection (c), of which up to $5,000,000 shall be
used for the development of regional sediment management plans as
provided in subsection (e).
``(h) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Existing projects.--The Secretary, acting through the
Chief of Engineers, may complete any project being carried out
under section 145 on the day before the date of enactment of
this Act.
SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT PROGRAM.
(a) In general.--Section 3 of the Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426g), is amended
to read as follows:
``SEC. 3. AUTHORIZATION OF SMALL PROJECTS.
``(a) Construction of Small Shore and Beach Restoration and
Protection Projects.--
``(1) In general.--The Secretary may carry out construction
of small shore and beach restoration and protection projects
not specifically authorized by Congress that otherwise comply
with the first section of this Act if the Secretary determines
that such construction is advisable.
``(2) Local cooperation.--The local cooperation requirement
under the first section of this Act shall apply to a project
under this section.
``(3) Completeness.--A project under this section--
``(A) shall be complete; and
``(B) shall not commit the United States to any
additional improvement to ensure the successful
operation of the project, except for participation in
periodic beach nourishment in accordance with--
``(i) the first section of this Act; and
``(ii) the procedure for projects
authorized after submission of a survey report.
``(b) National Shoreline Erosion Control Development and
Demonstration Program.--
``(1) In general.--The Secretary, acting through the Chief
of Engineers, shall conduct a national shoreline erosion
control development and demonstration program (referred to in
this section as the `program').
``(2) Requirements.--
``(A) In general.--The program shall include
provisions for--
``(i) projects consisting of planning,
design, construction, and adequate monitoring
of prototype engineered and native and
naturalized vegetative shoreline erosion
control devices and methods;
``(ii) detailed engineering and
environmental reports on the results of each
project carried out under the program; and
``(iii) technology transfers, as
appropriate, to private property owners, State
and local entities, nonprofit educational
institutions, and nongovernmental
organizations.
``(B) Determination of Feasibility.--A project
under this section shall not be carried out until the
Secretary, acting through the Chief of Engineers,
determines that the project is feasible.
``(C) Emphasis.--A project carried out under the
program shall emphasize, to the maximum extent
practicable--
``(i) the development and demonstration of
innovative technologies;
``(ii) efficient designs to prevent erosion
at a shoreline site, taking into account the
lifecycle cost of the design, including
cleanup, maintenance, and amortization;
``(iii) new and enhanced shore protection
project design and project formulation tools
the purposes of which are to improve the
physical performance, and lower the lifecycle
costs, of the projects;
``(iv) natural designs, including the use
of native and naturalized vegetation or
temporary structures that minimize permanent
structural alterations to the shoreline;
``(v) the avoidance of negative impacts to
adjacent shorefront communities;
``(vi) the potential for long-term
protection afforded by the technology; and
``(vii) recommendations developed from
evaluations of the program established under
the Shoreline Erosion Control Demonstration Act
of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 26),
including--
``(I) adequate consideration of the
subgrade;
``(II) proper filtration;
``(III) durable components;
``(IV) adequate connection between
units; and
``(V) consideration of additional
relevant information.
``(D) Sites.--
``(i) In general.--Each project under the
program shall be carried out at--
``(I) a privately owned site with
substantial public access; or
``(II) a publicly owned site on
open coast or in tidal waters.
``(ii) Selection.--The Secretary, acting
through the Chief of Engineers, shall develop
criteria for the selection of sites for
projects under the program, including criteria
based on--
``(I) a variety of geographic and
climatic conditions;
``(II) the size of the population
that is dependent on the beaches for
recreation or the protection of private
property or public infrastructure;
``(III) the rate of erosion;
``(IV) significant natural
resources or habitats and
environmentally sensitive areas; and
``(V) significant threatened
historic structures or landmarks.
``(3) Consultation.--The Secretary, acting through the
Chief of Engineers, shall carry out the program in consultation
with--
``(A) the Secretary of Agriculture, particularly
with respect to native and naturalized vegetative means
of preventing and controlling shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center
established by the first section of Public Law 88-172
(33 U.S.C. 426-1); and
``(E) university research facilities.
``(4) Completion of Demonstration.--After carrying out the
initial construction and evaluation of the performance and
lifecycle cost of a demonstration project under this section,
the Secretary, acting through the Chief of Engineers, may--
``(A) at the request of a non-Federal interest of
the project, amend the agreement for a federally-
authorized shore protection project in existence on the
date on which initial construction of the demonstration
project is complete to incorporate the demonstration
project as a feature of the shore protection project,
with the future cost of the demonstration project to be
determined by the cost-sharing ratio of the shore
protection project; or
``(B) transfer all interest in and responsibility
for the completed demonstration project to the non-
Federal or other Federal agency interest of the
project.
``(5) Agreements.--The Secretary, acting through the Chief
of Engineers, may enter into an agreement with the non-Federal
or other Federal agency interest of a project under this
section--
``(A) to share the costs of construction,
operation, maintenance, and monitoring of a project
under the program;
``(B) to share the costs of removing a project or
project element constructed under the program, if the
Secretary determines that the project or project
element is detrimental to private property, public
infrastructure, or public safety; or
``(C) to specify ownership of a completed project
that the Chief of Engineers determines will not be part
of a Corps of Engineers project.
``(6) Report.--Not later than December 31 of each year
beginning after the date of enactment of this paragraph, the
Secretary shall prepare and 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 describing--
``(A) the activities carried out and
accomplishments made under the program during the
preceding year; and
``(B) any recommendations of the Secretary relating
to the program.
``(c) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), the Secretary
may expend, from any appropriations made available to the
Secretary for the purpose of carrying out civil works, not more
than $30,000,000 during any fiscal year to pay the Federal
share of the costs of construction of small shore and beach
restoration and protection projects or small projects under the
program.
``(2) Limitation.--The total amount expended for a project
under this section shall--
``(A) be sufficient to pay the cost of Federal
participation in the project (including periodic
nourishment as provided for under the first section of
this Act), as determined by the Secretary; and
``(B) be not more than $3,000,000.''.
(b) Repeal.--Section 5 the Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426e et seq.; 110
Stat. 3700) is repealed.
SEC. 2014. SHORE PROTECTION PROJECTS.
(a) In General.--In accordance with the Act of July 3, 1930 (33
U.S.C. 426) and notwithstanding administrative actions, it is the
policy of the United States to promote shore protection projects and
related research that encourage the protection, restoration, and
enhancement of sandy beaches, including beach restoration and periodic
beach renourishment for a period of 50 years, on a comprehensive and
coordinated basis by the Federal Government, States, localities, and
private enterprises.
(b) Preference.--In carrying out the policy, preference shall be
given to--
(1) areas in which there has been a Federal investment of
funds; and
(2) areas with respect to which the need for prevention or
mitigation of damage to shores and beaches is attributable to
Federal navigation projects or other Federal activities.
(c) Applicability.--The Secretary shall apply the policy to each
shore protection and beach renourishment project (including shore
protection and beach renourishment projects in existence on the date of
enactment of this Act).
SEC. 2015. COST SHARING FOR MONITORING.
(a) In General.--Costs incurred for monitoring for an ecosystem
restoration project shall be cost-shared--
(1) in accordance with the formula relating to the
applicable original construction project; and
(2) for a maximum period of 10 years.
(b) Aggregate Limitation.--Monitoring costs for an ecosystem
restoration project--
(1) shall not exceed in the aggregate, for a 10-year
period, an amount equal to 5 percent of the cost of the
applicable original construction project; and
(2) after the 10-year period, shall be 100 percent non-
Federal.
SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.
For each of 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.
SEC. 2017. 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''.
SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall implement a program to allow
electronic submission of permit applications for permits under the
jurisdiction of the Corps of Engineers.
(b) Limitations.--This section does not preclude the submission of
a hard copy, as required.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF ENGINEERS
RESERVOIRS.
(a) In General.--As part of the operation and maintenance, by the
Corps of Engineers, of reservoirs in operation as of the date of
enactment of this Act, the Secretary shall carry out the measures
described in subsection (c) to support the water resource needs of
project sponsors and any affected State, local, or tribal government
for authorized project purposes.
(b) Cooperation.--The Secretary shall carry out the measures
described in subsection (c) in cooperation and coordination with
project sponsors and any affected State, local, or tribal government.
(c) Measures.--In carrying out this section, the Secretary may--
(1) conduct a study to identify unused, underused, or
additional water storage capacity at reservoirs;
(2) review an operational plan and identify any change to
maximize an authorized project purpose to improve water storage
capacity and enhance efficiency of releases and withdrawal of
water;
(3) improve and update data, data collection, and
forecasting models to maximize an authorized project purpose
and improve water storage capacity and delivery to water users;
and
(4) conduct a sediment study and implement any sediment
management or removal measure.
(d) Revenues.--
(1) In general.--Revenues collected in connection with
water storage for municipal or industrial water supply at a
reservoir operated by the Corps of Engineers for navigation,
flood control, or multiple purpose projects 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,
any facility of the Corps of Engineers projects
within that District.
(ii) Source of payments.--With respect to
each activity described in clause (i), costs of
planning, operation, maintenance, replacements,
and upgrades of a facility 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.
(3) Special cases.--
(A) Costs of water supply storage.--In the case of
a reservoir operated or maintained by the Corps of
Engineers on the date of enactment of this Act, the
storage charge for a future contract or contract
renewal for the first cost of water supply storage at
the reservoir shall be the lesser of the estimated cost
of purposes foregone, replacement costs, or the updated
cost of storage.
(B) Reallocation.--In the case of a water supply
that is reallocated from another project purpose to
municipal or industrial water supply, the joint use
costs for the reservoir shall be adjusted to reflect
the reallocation of project purposes.
(C) Credit for affected project purposes.--In the
case of a reallocation that adversely affects
hydropower generation, the Secretary shall defer to the
Administrator of the respective Power Marketing
Administration to calculate the impact of such a
reallocation on the rates for hydroelectric power.
SEC. 2020. CORPS OF ENGINEERS HYDROPOWER OPERATION AND MAINTENANCE
FUNDING.
(a) In General.--Notwithstanding the last sentence of section 5 of
the Act of December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 890, chapter 665; 16 U.S.C. 825s), the 11th
paragraph under the heading ``Office of the Secretary'' in title I of
the Act of October 12, 1949 (63 Stat. 767, chapter 680; 16 U.S.C. 825s-
1), the matter under the heading ``Continuing fund, southeastern power
administration'' in title I of the Act of August 31, 1951 (65 Stat.
249, chapter 375; 16 U.S.C. 825s-2), section 3302 of title 31, United
States Code, or any other law, and without further appropriation or
fiscal year limitation, for fiscal year 2005 as set forth in subsection
(c) and each fiscal year thereafter, the Administrator of the
Southeastern Power Administration, the Administrator of the
Southwestern Power Administration, and the Administrator of the Western
Area Power Administration may credit to the Secretary of the Army
(referred to in this section as the ``Secretary''), receipts from the
sale of power and related services, in an amount determined under
subsection (c).
(b) Use of Funds.--
(1) In general.--The Secretary--
(A) shall, except as provided in paragraph (2), use
an amount credited under subsection (a) to fund only
the Corps of Engineers annual operation and maintenance
activities that are allocated exclusively to the power
function and assigned to the respective power marketing
administration and respective project system as
applicable for repayment; and
(B) shall not use an amount credited under
subsection (a) for any cost allocated to a non-power
function of Corps of Engineer operations.
(2) Exception.--The Secretary may use an amount credited by
the Southwestern Power Administration under subsection (a) for
capital and nonrecurring costs and may use an amount credited
by Southeastern Power Administration for capital and
nonrecurring costs, if no credit exceeds the rates on file at
the Federal Energy Regulatory Commission for the Southeastern
Power Administration.
(c) Amount.--The amount credited under subsection (a) shall be
equal to an amount that--
(1) the Secretary requests; and
(2) the appropriate Administrator, in consultation with the
Secretary and the power customers of the power marketing
administration of the Administrator, determines to be
appropriate to apply to the costs referred to in subsection
(b).
(d) Consultation.--
(1) Time frame.--Not later than the date that is 20 days
after the date of enactment of this Act, the appropriate
Administrator shall submit to the Appropriations Committee a
report describing the time frame during which the consultation
process described in subsection (c) shall be completed.
(2) Failure to agree.--If the Secretary and the appropriate
Administrator and customer representatives cannot agree on the
amount to be credited under subsection (c), the appropriate
Administrator shall determine the amount to be credited.
(e) Applicable Law.--An amount credited under subsection (a) is
exempt from sequestration under the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901 et seq.).
Subtitle B--Continuing Authorities Projects
SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.
Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is
amended--
(1) by striking ``Sec. 107. (a) That the Secretary of the
Army is hereby authorized to'' and inserting the following:
``SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.
``(a) In General.--The Secretary of the Army may'';
(2) in subsection (b)--
(A) by striking ``(b) Not more'' and inserting the
following:
``(b) Allotment.--Not more''; and
(B) by striking ``$4,000,000'' and inserting
``$7,000,000'';
(3) in subsection (c), by striking ``(c) Local'' and
inserting the following:
``(c) Local Contributions.--Local'';
(4) in subsection (d), by striking ``(d) Non-Federal'' and
inserting the following:
``(d) Non-Federal Share.--Non-Federal'';
(5) in subsection (e), by striking ``(e) Each'' and
inserting the following:
``(e) Completion.--Each''; and
(6) in subsection (f), by striking ``(f) This'' and
inserting the following:
``(f) Applicability.--This''.
SEC. 2032. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT SHORES AND
STREAMBANKS.
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''.
SEC. 2033. 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. 2034. 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. 2035. PROJECTS TO ENHANCE ESTUARIES AND COASTAL HABITATS.
(a) In General.--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 under this section--
(1) shall be 35 percent; and
(2) shall include the costs of all land, easements, rights-
of-way, and necessary relocations.
(c) Agreements.--Construction of a project under this section shall
commence 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 under subsection (b); and
(2) in accordance with regulations promulgated by the
Secretary, 100 percent of the costs of any operation,
maintenance, replacement, or rehabilitation of the project.
(d) Limitation.--Not more than $5,000,000 in Federal funds may be
allocated under this section for a project at any 1 location.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each fiscal year
beginning after the date of enactment of this Act.
SEC. 2036. 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) 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.
``(i) 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.''.
SEC. 2037. 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.
SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.
(a) In General.--The Secretary shall develop eligibility criteria
for Federal participation in navigation projects located in
economically disadvantaged communities that are--
(1) dependent on water transportation for subsistence; and
(2) located in--
(A) remote areas of the United States;
(B) American Samoa;
(C) Guam;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the Commonwealth of Puerto Rico; or
(F) the United States Virgin Islands.
(b) Administration.--The criteria developed under this section--
(1) shall--
(A) provide for economic expansion; and
(B) identify opportunities for promoting economic
growth; and
(2) shall not require project justification solely on the
basis of National Economic Development benefits received.
SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.
(a) Partnership Agreements.--Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b) is amended--
(1) in subsection (a)--
(A) by striking ``After the date of enactment'' and
inserting the following:
``(1) In general.--After the date of enactment'';
(B) by striking ``under the provisions'' and all
that follows through ``under any other'' and inserting
``under any'';
(C) by inserting ``partnership'' after ``written'';
(D) by striking ``Secretary of the Army to furnish
its required cooperation for'' and inserting ``district
engineer for the district in which the project will be
carried out under which each party agrees to carry out
its responsibilities and requirements for
implementation or construction of'';
(E) by inserting after ``$25,000.'' the following:
``(2) Liquidated damages.--An agreement described in
paragraph (1) may include a provision for liquidated damages in
the event of a failure of 1 or more parties to perform.''; and
(F) by striking ``In any such agreement'' and
inserting the following:
``(3) Obligation of future appropriations.--In any
agreement described in paragraph (1)'';
(2) by redesignating subsection (e) as subsection (g); and
(3) by inserting after subsection (d) the following:
``(e) Public Health and Safety.--If the Secretary determines that a
project needs to be continued for the purpose of public health and
safety--
``(1) the non-Federal interest shall pay the increased
projects costs, up to an amount equal to 20 percent of the
original estimated project costs and in accordance with the
statutorily-determined cost share; and
``(2) notwithstanding the statutorily-determined Federal
share, the Secretary shall pay all increased costs remaining
after payment of 20 percent of the increased costs by the non-
Federal interest under paragraph (1).
``(f) Limitation.--Nothing in subsection (a) limits the authority
of the Secretary to ensure that a partnership agreement meets the
requirements of law and policies of the Secretary in effect on the date
of execution of the partnership agreement.''.
(b) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (100 Stat. 4190) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``shall''
and inserting ``may''; and
(B) by striking the second sentence; and
(2) in paragraph (4)--
(A) in the first sentence--
(i) by striking ``injunction, for'' and
inserting the following: ``injunction and
payment of liquidated damages, for''; and
(ii) by striking ``to collect a civil
penalty imposed under this section,''; and
(B) in the second sentence, by striking ``any civil
penalty imposed under this section,'' and inserting
``any liquidated damages,''.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) apply only to
partnership agreements entered into after the date of enactment
of this Act.
(2) Exception.--Notwithstanding paragraph (1), the district
engineer for the district in which a project is located may
amend the partnership agreement for the project entered into on
or before the date of enactment of this Act--
(A) at the request of a non-Federal interest for a
project; and
(B) if construction on the project has not been
initiated as of the date of enactment of this Act.
(d) References.--
(1) Cooperation agreements.--Any reference in a law,
regulation, document, or other paper of the United States to a
cooperation agreement or project cooperation agreement shall be
considered to be a reference to a partnership agreement or a
project partnership agreement, respectively.
(2) Partnership agreements.--Any reference to a partnership
agreement or project partnership agreement in this Act (other
than in this section) shall be considered to be a reference to
a cooperation agreement or a project cooperation agreement,
respectively.
SEC. 2040. PROGRAM NAMES.
(a) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) is
amended by striking ``Sec. 3. The Secretary'' and inserting the
following:
``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT MINIMIZATION
PROGRAM.
``The Secretary''.
(b) Projects to Enhance Reduction of Flooding and Obtain Risk
Minimization.--Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) is amended by striking ``Sec. 205. That the'' and inserting the
following:
``SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOODING AND OBTAIN RISK
MINIMIZATION.
``The''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.
The Secretary shall carry out, on an emergency basis, necessary
removal of rubble, sediment, and rock impeding the entrance to the St.
Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of
$2,000,000.
SEC. 3002. 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. 3003. 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. 3004. 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. 3005. 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 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 undertaken under subsection
(a) shall not be considered to be a separable element of the project.
SEC. 3006. 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. 3007. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND LOUISIANA.
(a) In General.--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 striking ``at Calion, Arkansas'' and inserting
``improvements at Calion, Arkansas (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)''.
(b) Modification.--Section 3 of the Act of August 18, 1941, is
amended in the second sentence of subsection (a) in the matter under
the heading ``lower mississippi river'' (55 Stat. 642, chapter 377) by
inserting before the period at the end the following: ``Provided, That
the Ouachita River Levees, Louisiana, authorized under the first
section of the Act of May 15, 1928 (45 Stat. 534, chapter 569) shall
remain as a component of the Mississippi River and Tributaries Project
and afforded operation and maintenance responsibilities as directed in
section 3 of that Act (45 Stat. 535)''.
SEC. 3008. 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. 3009. 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 $205,226,000, with an estimated Federal cost of
$153,840,000 and an estimated non-Federal cost of $51,386,000, as part
of the project to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, recommended
in the final report of the Chief of Engineers dated July 19, 2004.
SEC. 3010. 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,
2007''.
SEC. 3011. 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. 3012. 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. 3013. LOS ANGELES HARBOR, CALIFORNIA.
Section 101(b)(5) of the Water Resources Development Act of 2000
(114 Stat. 2577) is amended by striking ``$153,313,000, with an
estimated Federal cost of $43,735,000 and an estimated non-Federal cost
of $109,578,000'' and inserting ``$222,000,000, with an estimated
Federal cost of $72,000,000 and an estimated non-Federal cost of
$150,000,000''.
SEC. 3014. MAGPIE CREEK, CALIFORNIA.
(a) In General.--Subject to subsection (b), the project for Magpie
Creek, California, authorized under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s), is modified to direct the Secretary to
apply the cost-sharing requirements applicable to nonstructural flood
control under section 103(b) of the Water Resources Development Act of
1986 (100 Stat. 4085) for the portion of the project consisting of land
acquisition to preserve and enhance existing floodwater storage.
(b) Crediting.--The crediting allowed under subsection (a) shall
not exceed the non-Federal share of the cost of the project.
SEC. 3015. 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), 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.
(A) Form.--The non-Federal interest may provide not
more than 50 percent of the non-Federal share required
under this clause 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. 3016. 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. 3017. 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 any flood damage reduction
project authorized before the date of enactment of this Act 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, right-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 interests for work under
section 9159(b) of that Act before the date of enactment of this Act.
SEC. 3018. 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. 3019. SALTON SEA RESTORATION, CALIFORNIA.
(a) Definitions.--In this section:
(1) Salton sea authority.--The term ``Salton Sea
Authority'' means the Joint Powers Authority established under
the laws of the State of California by a joint power agreement
signed on June 2, 1993.
(2) Salton sea science office.--The term ``Salton Sea
Science Office'' means the Office established by the United
States Geological Survey and currently located in La Quinta,
California.
(b) Pilot Projects.--
(1) In general.--The Secretary shall review the preferred
restoration concept plan approved by the Salton Sea Authority
to determine that the pilot projects are economically
justified, technically sound, environmentally acceptable, and
meet the objectives of the Salton Sea Reclamation Act (Public
Law 105-372). If the Secretary makes a positive determination,
the Secretary may enter into an agreement with the Salton Sea
Authority and, in consultation with the Salton Sea Science
Office, carry out the pilot project for improvement of the
environment in the Salton Sea.
(2) Local participation.--In prioritizing pilot projects
under this section, the Secretary shall--
(A) consult with the Salton Sea Authority and the
Salton Sea Science Office; and
(B) consider the priorities of the Salton Sea
Authority.
(3) Cost sharing.--Before carrying out a pilot project
under this section, the Secretary shall enter into a written
agreement with the Salton Sea Authority that requires the non-
Federal interest to--
(A) pay 35 percent of the total costs of the pilot
project;
(B) acquire any land, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary to carry out the pilot project; and
(C) hold the United States harmless from any claim
or damage that may arise from carrying out the pilot
project, except any claim or damage that may arise from
the negligence of the Federal Government or a
contractor of the Federal Government.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $26,000,000, of which not more
than $5,000,000 may be used for any 1 pilot project under this section.
SEC. 3020. 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 generally in
accordance with the Upper Guadalupe River Flood Damage Reduction, San
Jose, California, Limited Reevaluation Report, dated March, 2004, at a
total cost of $212,100,000, with an estimated Federal cost of
$113,300,000 and an estimated non-Federal cost of $98,800,000.
SEC. 3021. 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. 3022. 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. 3023. 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.
SEC. 3024. 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 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), approximately 20 feet wide and 260 feet long,
and further described as 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)(2), 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.0526" west 83.37 feet to the point of origin.
SEC. 3025. 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. In addition, the Secretary may not carry out any action
to close or remove the St. George's Bridge, Delaware, without specific
congressional authorization.''.
SEC. 3026. CHRISTINA RIVER, WILMINGTON, DELAWARE.
(a) In General.--The Secretary shall remove the shipwrecked vessel
known as the ``State of Pennsylvania'', and any debris associated with
that vessel, from the Christina River at Wilmington, Delaware, in
accordance with section 202(b) of the Water Resources Development Act
of 1976 (33 U.S.C. 426m(b)).
(b) No Recovery of Funds.--Notwithstanding any other provision of
law, in carrying out this section, the Secretary shall not be required
to recover funds from the owner of the vessel described in subsection
(a) or any other vessel.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $425,000, to remain available
until expended.
SEC. 3027. ADDITIONAL PROGRAM AUTHORITY, COMPREHENSIVE EVERGLADES
RESTORATION, FLORIDA.
Section 601(c)(3) of the Water Resources Development Act of 2000
(114 Stat. 2684) is amended by adding at the end the following:
``(C) Maximum cost of program authority.--Section
902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280) shall apply to the individual project
funding limits in subparagraph (A) and the aggregate
cost limits in subparagraph (B).''.
SEC. 3028. CRITICAL RESTORATION PROJECTS, EVERGLADES AND SOUTH FLORIDA
ECOSYSTEM RESTORATION, FLORIDA.
Section 528(b)(3)(C) of the Water Resources Development Act of 1996
(110 Stat. 3769) is amended--
(1) in clause (i), by striking ``$75,000,000'' and all that
follows and inserting ``$95,000,000.''; and
(2) by striking clause (ii) and inserting the following:
``(ii) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of carrying out a
project under subparagraph (A) shall
not exceed $25,000,000.
``(II) Seminole water conservation
plan.--The Federal share of the cost of
carrying out the Seminole Water
Conservation Plan shall not exceed
$30,000,000.''.
SEC. 3029. 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. 3030. LAKE OKEECHOBEE AND HILLSBORO AQUIFER PILOT PROJECTS,
COMPREHENSIVE EVERGLADES RESTORATION, FLORIDA.
Section 601(b)(2)(B) of the Water Resources Development Act of 2000
(114 Stat. 2681) is amended by adding at the end the following:
``(v) Hillsboro and okeechobee aquifer,
florida.--The pilot projects for aquifer
storage and recovery, Hillsboro and Okeechobee
Aquifer, Florida, authorized by section
101(a)(16) of the Water Resources Development
Act of 1999 (113 Stat. 276), shall be treated
for the purposes of this section as being in
the Plan and carried out in accordance with
this section, except that costs of operation
and maintenance of those projects shall remain
100 percent non-Federal.''.
SEC. 3031. LIDO KEY, SARASOTA COUNTY, FLORIDA.
The Secretary shall carry out the project for hurricane and storm
damage reduction in Lido Key, Sarasota County, Florida, based on the
report of the Chief of Engineers dated December 22, 2004, at a total
cost of $14,809,000, with an estimated Federal cost of $9,088,000 and
an estimated non-Federal cost of $5,721,000, and at an estimated total
cost $63,606,000 for periodic beach nourishment over the 50-year life
of the project, with an estimated Federal cost of $31,803,000 and an
estimated non-Federal cost of $31,803,000.
SEC. 3032. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.
The project for navigation, Tampa Harbor, Florida, authorized by
section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is
modified to authorize the Secretary to construct passing lanes in an
area approximately 3.5 miles long and centered on Tampa Bay Cut B, if
the Secretary determines that the improvements are necessary for
navigation safety.
SEC. 3033. 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. 3034. 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, permitted, or licensed for use by others.
(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, with an
estimated Federal cost of $3,900,000 and an estimated non-Federal cost
of $1,400,000.
SEC. 3035. LITTLE WOOD RIVER, GOODING, IDAHO.
The project for flood control, Gooding, Idaho, as constructed under
the emergency conservation work program established under the Act of
March 31, 1933 (16 U.S.C. 585 et seq.) is modified to--
(1) direct the Secretary to rehabilitate the Gooding
Channel Project for the purposes of flood control and ecosystem
restoration, if the Secretary determines that the
rehabilitation and ecosystem restoration is feasible;
(2) authorize and direct the Secretary to plan, design, and
construct the project at a total cost of $9,000,000;
(3) authorize the non-Federal interest to provide any
portion of the non-Federal share of the cost of the project in
the form of services, materials, supplies, or other in-kind
contributions;
(4) authorize the non-Federal interest to use funds made
available under any other Federal program toward the non-
Federal share of the cost of the project if the use of the
funds is permitted under the other Federal program; and
(5) direct the Secretary, in calculating the non-Federal
share of the cost of the project, to make a determination under
section 103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)) on the ability to pay of the non-Federal
interest.
SEC. 3036. 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. 3037. 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. 3038. 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. 3039. 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. 3040. 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. 3041. STRAWN CEMETERY, JOHN REDMOND LAKE, KANSAS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary, acting through the Tulsa District of the
Corps of Engineers, shall transfer to Pleasant Township, Coffey County,
Kansas, for use as the New Strawn Cemetery, all right, title, and
interest of the United States in and to the land described in
subsection (c).
(b) Reversion.--If the land transferred under this section ceases
at any time to be used as a nonprofit cemetery or for another public
purpose, the land shall revert to the United States.
(c) Description.--The land to be conveyed under this section is a
tract of land near John Redmond Lake, Kansas, containing approximately
3 acres and lying adjacent to the west line of the Strawn Cemetery
located in the SE corner of the NE\1/4\ of sec. 32, T. 20 S., R. 14 E.,
Coffey County, Kansas.
(d) Consideration.--
(1) In general.--The conveyance under this section shall be
at fair market value.
(2) Costs.--All costs associated with the conveyance shall
be paid by Pleasant Township, Coffey County, Kansas.
(e) Other Terms and Conditions.--The conveyance under this section
shall be subject to such other terms and conditions as the Secretary
considers necessary to protect the interests of the United States.
SEC. 3042. HARRY S. TRUMAN RESERVOIR, MILFORD, KANSAS.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall convey at fair market value by quitclaim deed to the Geary County
Fire Department, Milford, Kansas, all right, title, and interest of the
United States in and to a parcel of land consisting of approximately
7.4 acres located in Geary County, Kansas, for construction, operation,
and maintenance of a fire station.
(b) Survey To Obtain Legal Description.--The exact acreage and the
description of the real property referred to in subsection (a) shall be
determined by a survey that is satisfactory to the Secretary.
(c) Reversion.--If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership or
to be used for any purpose other than a fire station, all right, title,
and interest in and to the property shall revert to the United States,
at the option of the United States.
SEC. 3043. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, OHIO, PENNSYLVANIA,
AND WEST VIRGINIA.
Section 101(16) of the Water Resources Development Act of 2000 (114
Stat. 2578) is amended--
(1) by striking ``(A) In general.--Projects for ecosystem
restoration, Ohio River Mainstem'' and inserting the following:
``(A) Authorization.--
``(i) In general.--Projects for ecosystem
restoration, Ohio River Basin (excluding the
Tennessee and Cumberland River Basins)''; and
(2) in subparagraph (A), by adding at the end the
following:
``(ii) Nonprofit entity.--For any ecosystem
restoration project carried out under this
paragraph, with the consent of the affected
local government, a nonprofit entity may be
considered to be a non-Federal interest.
``(iii) Program implementation plan.--There
is authorized to be developed a program
implementation plan of the Ohio River Basin
(excluding the Tennessee and Cumberland River
Basins) at full Federal expense.
``(iv) Pilot program.--There is authorized
to be initiated a completed pilot program in
Lower Scioto Basin, Ohio.''.
SEC. 3044. 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), are 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, Louisiana, to
enhance fish and wildlife resources, at a total cost of $4,000,000.
SEC. 3045. CALCASIEU RIVER AND PASS, LOUISIANA.
The project for the Calcasieu River and Pass, Louisiana, authorized
by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is
modified to authorize the Secretary to provide $3,000,000 for each
fiscal year, in a total amount of $15,000,000, for such rock bank
protection of the Calcasieu River from mile 5 to mile 16 as the Chief
of Engineers determines to be advisable to reduce maintenance dredging
needs and facilitate protection of valuable disposal areas for the
Calcasieu River and Pass, Louisiana.
SEC. 3046. EAST BATON ROUGE PARISH, LOUISIANA.
The project for flood damage reduction and recreation, East Baton
Rouge Parish, Louisiana, authorized by section 101(a)(21) of the Water
Resources Development Act of 1999 (113 Stat. 277), as amended by
section 116 of the Consolidated Appropriations Resolution, 2003 (117
Stat. 140), is modified to authorize the Secretary to carry out the
project substantially in accordance with the Report of the Chief of
Engineers dated December 23, 1996, and the subsequent Post
Authorization Change Report dated August 2004, at a total cost of
$178,000,000.
SEC. 3047. 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. 3048. 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. 3049. 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. 3050. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM, MARYLAND, PENNSYLVANIA, AND VIRGINIA.
Section 510(i) of the Water Resources Development Act of 1996 (110
Stat. 3761) is amended by striking ``$10,000,000'' and inserting
``$30,000,000''.
SEC. 3051. 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. 3052. 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. 3053. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
(a) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means
the management plan for the St. Clair River and Lake St. Clair,
Michigan, that is in effect as of the date of enactment of this
section.
(2) Partnership.--The term ``Partnership'' means the
partnership established by the Secretary under subsection
(b)(1).
(b) Partnership.--
(1) In general.--The Secretary shall establish and lead a
partnership of appropriate Federal agencies (including the
Environmental Protection Agency) and the State of Michigan
(including political subdivisions of the State)--
(A) to promote cooperation among the Federal
Government, State and local governments, and other
involved parties in the management of the St. Clair
River and Lake St. Clair watersheds; and
(B) develop and implement projects consistent with
the management plan.
(2) Coordination with actions under other law.--
(A) In general.--Actions taken under this section
by the Partnership shall be coordinated with actions to
restore and conserve the St. Clair River and Lake St.
Clair and watersheds taken under other provisions of
Federal and State law.
(B) No effect on other law.--Nothing in this
section alters, modifies, or affects any other
provision of Federal or State law.
(c) Implementation of St. Clair River and Lake St. Clair Management
Plan.--
(1) In general.--The Secretary shall--
(A) develop a St. Clair River and Lake St. Clair
strategic implementation plan in accordance with the
management plan;
(B) provide technical, planning, and engineering
assistance to non-Federal interests for developing and
implementing activities consistent with the management
plan;
(C) plan, design, and implement projects consistent
with the management plan; and
(D) provide, in coordination with the Administrator
of the Environmental Protection Agency, financial and
technical assistance, including grants, to the State of
Michigan (including political subdivisions of the
State) and interested nonprofit entities for the
planning, design, and implementation of projects to
restore, conserve, manage, and sustain the St. Clair
River, Lake St. Clair, and associated watersheds.
(2) Specific measures.--Financial and technical assistance
provided under subparagraphs (B) and (C) of paragraph (1) may
be used in support of non-Federal activities consistent with
the management plan.
(d) Supplements to Management Plan and Strategic Implementation
Plan.--In consultation with the Partnership and after providing an
opportunity for public review and comment, the Secretary shall develop
information to supplement--
(1) the management plan; and
(2) the strategic implementation plan developed under
subsection (c)(1)(A).
(e) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost
of technical assistance, or the cost of planning, design,
construction, and evaluation of a project under subsection (c),
and the cost of development of supplementary information under
subsection (d)--
(A) shall be 25 percent of the total cost of the
project or development; and
(B) may be provided through the provision of in-
kind services.
(2) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal sponsor for the value of
any land, easements, rights-of-way, dredged material disposal
areas, or relocations provided for use in carrying out a
project under subsection (c).
(3) Nonprofit entities.--Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal
sponsor for any project carried out under this section may
include a nonprofit entity.
(4) Operation and maintenance.--The operation, maintenance,
repair, rehabilitation, and replacement of projects carried out
under this section shall be non-Federal responsibilities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.
SEC. 3054. 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. 3055. 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. 3056. 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. 3057. FORT PECK FISH HATCHERY, MONTANA.
Section 325(f)(1)(A) of the Water Resources Development Act of 2000
(114 Stat. 2607) is amended by striking ``$20,000,000'' and inserting
``$25,000,000''.
SEC. 3058. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.
The maximum amount of Federal funds that may be expended for the
project being carried out, as of the date of enactment of this Act,
under section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) for environmental restoration of McCarran Ranch, Nevada,
shall be $5,775,000.
SEC. 3059. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.
(a) Restoration Projects.--
(1) Definition.--The term ``restoration project'' means a
project that will produce, consistent with other Federal
programs, projects, and activities, immediate and substantial
ecosystem restoration and recreation benefits.
(2) Projects.--The Secretary shall carry out restoration
projects in the Middle Rio Grande from Cochiti Dam to the
headwaters of Elephant Butte Reservoir, in the State of New
Mexico.
(b) Project Selection.--The Secretary shall select restoration
projects in the Middle Rio Grande.
(c) Local Participation.--In carrying out subsection (b), the
Secretary shall consult with, and consider the activities being carried
out by--
(1) the Middle Rio Grande Endangered Species Act
Collaborative Program; and
(2) the Bosque Improvement Group of the Middle Rio Grande
Bosque Initiative.
(d) Cost Sharing.--Before carrying out any restoration project
under this section, the Secretary shall enter into an agreement with
non-Federal interests that requires the non-Federal interests to--
(1) provide 35 percent of the total cost of the restoration
projects including provisions for necessary lands, easements,
rights-of-way, relocations, and disposal sites;
(2) pay 100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs incurred after the date
of the enactment of this Act that are associated with the
restoration projects; and
(3) hold the United States harmless for any claim of damage
that arises from the negligence of the Federal Government or a
contractor of the Federal Government.
(e) Non-Federal Interests.--Not withstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal interest
for any project carried out under this section may include a nonprofit
entity, with the consent of the local government.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this section.
SEC. 3060. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND
CONNECTICUT.
(a) In General.--The Secretary shall plan, design, and construct
projects to increase aquatic habitats within Long Island Sound and
adjacent waters, including the construction and restoration of oyster
beds and related shellfish habitat.
(b) Cost-Sharing.--The non-Federal share of the cost of activities
carried out under this section shall be 25 percent and may be provided
through in-kind services and materials.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this section.
SEC. 3061. 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''.
SEC. 3062. NEW YORK HARBOR, NEW YORK, NEW YORK.
Section 217 of the Water Resources Development Act of 1996 (33
U.S.C. 2326a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Dredged Material Facility.--
``(1) In general.--The Secretary may enter into cost-
sharing agreements with 1 or more non-Federal public interests
with respect to a project, or group of projects within a
geographic region, if appropriate, for the acquisition, design,
construction, management, or operation of a dredged material
processing, treatment, contaminant reduction, or disposal
facility (including any facility used to demonstrate potential
beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) using
funds provided in whole or in part by the Federal Government.
``(2) Performance.--One or more of the parties to the
agreement may perform the acquisition, design, construction,
management, or operation of a dredged material processing,
treatment, contaminant reduction, or disposal facility.
``(3) Multiple federal projects.--If appropriate, the
Secretary may combine portions of separate Federal projects
with appropriate combined cost-sharing between the various
projects, if the facility serves to manage dredged material
from multiple Federal projects located in the geographic region
of the facility.
``(4) Public financing.--
``(A) Agreements.--
``(i) Specified federal funding sources and
cost sharing.--The cost-sharing agreement used
shall clearly specify--
``(I) the Federal funding sources
and combined cost-sharing when
applicable to multiple Federal
navigation projects; and
``(II) the responsibilities and
risks of each of the parties related to
present and future dredged material
managed by the facility.
``(ii) Management of sediments.--
``(I) In general.--The cost-sharing
agreement may include the management of
sediments from the maintenance dredging
of Federal navigation projects that do
not have partnerships agreements.
``(II) Payments.--The cost-sharing
agreement may allow the non-Federal
interest to receive reimbursable
payments from the Federal Government
for commitments made by the non-Federal
interest for disposal or placement
capacity at dredged material treatment,
processing, contaminant reduction, or
disposal facilities.
``(iii) Credit.--The cost-sharing agreement
may allow costs incurred prior to execution of
a partnership agreement for construction or the
purchase of equipment or capacity for the
project to be credited according to existing
cost-sharing rules.
``(B) Credit.--
``(i) Effect on existing agreements.--
Nothing in this subsection supersedes or
modifies an agreement in effect on the date of
enactment of this paragraph between the Federal
Government and any other non-Federal interest
for the cost-sharing, construction, and
operation and maintenance of a Federal
navigation project.
``(ii) Credit for funds.--Subject to the
approval of the Secretary and in accordance
with law (including regulations and policies)
in effect on the date of enactment of this
paragraph, a non-Federal public interest of a
Federal navigation project may seek credit for
funds provided for the acquisition, design,
construction, management, or operation of a
dredged material processing, treatment, or
disposal facility to the extent the facility is
used to manage dredged material from the
Federal navigation project.
``(iii) Non-federal interest
responsibilities.--The non-Federal interest
shall--
``(I) be responsible for providing
all necessary land, easement rights-of-
way, or relocations associated with the
facility; and
``(II) receive credit for those
items.''; and
(3) in paragraphs (1) and (2)(A) of subsection (d) (as so
redesignated)--
(A) by inserting ``and maintenance'' after
``operation'' each place it appears; and
(B) by inserting ``processing, treatment, or''
after ``dredged material'' the first place it appears
in each of those paragraphs.
SEC. 3063. ONONDAGA LAKE, NEW YORK.
Section 573 of the Water Resources Development Act of 1999 (113
Stat. 372) is amended--
(1) in subsection (f), by striking ``$10,000,000'' and
inserting ``$30,000,000'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
carried out under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.''.
SEC. 3064. 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. 3065. LOWER GIRARD LAKE DAM, GIRARD, 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 shall include lowering the
crest of the Dam by not more than 12.5 feet)''.
SEC. 3066. TOUSSAINT 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. 3067. 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. 3068. 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.
SEC. 3069. LOOKOUT POINT, DEXTER LAKE PROJECT, LOWELL, OREGON.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall convey at fair market value to the community of Lowell, Oregon,
all right, title, and interest of the United States in and to a parcel
of land consisting of approximately 0.98 acres located in Lane County,
Oregon.
(b) Survey To Obtain Legal Description.--The exact acreage and the
description of the real property referred to in subsection (a) shall be
determined by a survey that is satisfactory to the Secretary.
(c) Condition.--The Secretary shall not complete the conveyance
under subsection (a) until such time as the United States Forest
Service--
(1) completes and certifies that necessary environmental
remediation associated with the structures located on the
property is complete; and
(2) transfers the structures to the Corps of Engineers.
SEC. 3070. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION.
(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 paragraph (1) shall be credited
toward the payment required under subsection
(a).
(C) In-kind contributions.--100 percent of the non-
Federal share required under subsection (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. 3071. TIOGA TOWNSHIP, PENNSYLVANIA.
(a) In General.--The Secretary shall convey to the Tioga Township,
Pennsylvania, at fair market value, 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, consisting of approximately 8
acres, 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. 3072. 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. 3073. 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. 3074. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT PROPOSAL
AT RICHARD B. RUSSELL LAKE, SOUTH CAROLINA.
(a) In General.--The Secretary shall convey to the State of South
Carolina, by quitclaim deed, all right, title, and interest of the
United States in and to the parcels of land described in subsection
(b)(1) that are managed, as of the date of enactment of this Act, by
the South Carolina Department of Commerce for public recreation
purposes for the Richard B. Russell Dam and Lake, South Carolina,
project authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1420).
(b) Land Description.--
(1) In general.--Subject to paragraphs (2) and (3), the
parcels of land referred to in subsection (a) are the parcels
contained in the portion of land described in Army Lease Number
DACW21-1-92-0500.
(2) Retention of interests.--The United States shall
retain--
(A) ownership of all land included in the lease
referred to in paragraph (1) that would have been
acquired for operational purposes in accordance with
the 1971 implementation of the 1962 Army/Interior Joint
Acquisition Policy; and
(B) such other land as is determined by the
Secretary to be required for authorized project
purposes, including easement rights-of-way to remaining
Federal land.
(3) Survey.--The exact acreage and legal description of the
land described in paragraph (1) shall be determined by a survey
satisfactory to the Secretary, with the cost of the survey to
be paid by the State.
(c) General Provisions.--
(1) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to the conveyance under this section.
(2) Additional terms and conditions.--The Secretary may
require that the conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
(3) Costs of conveyance.--
(A) In general.--The State shall be responsible for
all costs, including real estate transaction and
environmental compliance costs, associated with the
conveyance under this section.
(B) Form of contribution.--As determined
appropriate by the Secretary, in lieu of payment of
compensation to the United States under subparagraph
(A), the State may perform certain environmental or
real estate actions associated with the conveyance
under this section if those actions are performed in
close coordination with, and to the satisfaction of,
the United States.
(4) 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 the real
property conveyed under this section.
(d) Additional Terms and Conditions.--
(1) In general.--The State shall pay fair market value
consideration, as determined by the United States, for any land
included in the conveyance under this section.
(2) No effect on shore management policy.--The Shoreline
Management Policy (ER-1130-2-406) of the Corps of Engineers
shall not be changed or altered for any proposed development of
land conveyed under this section.
(3) Federal statutes.--The conveyance under this section
shall be subject to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (including public review under
that Act) and other Federal statutes.
(4) Cost sharing.--In carrying out the conveyance under
this section, the Secretary and the State shall comply with all
obligations of any cost sharing agreement between the Secretary
and the State in effect as of the date of the conveyance.
(5) Land not conveyed.--The State shall continue to manage
the land not conveyed under this section in accordance with the
terms and conditions of Army Lease Number DACW21-1-92-0500.
SEC. 3075. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.
(a) Membership.--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. 3076. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
Section 514 of the Water Resources Development Act of 1999 (113
Stat. 343; 117 Stat. 142) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(2) in subsection (h) (as redesignated by paragraph (1)),
by striking paragraph (1) and inserting the following:
``(1) Non-Federal share.--
``(A) In general.--The non-Federal share of the
cost of projects may be provided--
``(i) in cash;
``(ii) by the provision of land, easements,
rights-of-way, relocations, or disposal areas;
``(iii) by in-kind services to implement
the project; or
``(iv) by any combination of the foregoing.
``(B) Private ownership.--Land needed for a project
under this authority may remain in private ownership
subject to easements that are--
``(i) satisfactory to the Secretary; and
``(ii) necessary to assure achievement of
the project purposes.'';
(3) in subsection (i) (as redesignated by paragraph (1)),
by striking ``for the period of fiscal years 2000 and 2001.''
and inserting ``per year, and that authority shall extend until
Federal fiscal year 2015.''; and
(4) by inserting after subsection (e) the following:
``(f) Nonprofit entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
``(g) Cost limitation.--Not more than $5,000,000 in Federal funds
may be allotted under this section for a project at any single
locality.''
SEC. 3077. ANDERSON CREEK, JACKSON AND MADISON COUNTIES, TENNESSEE.
(a) In General.--The Secretary may carry out a project for flood
damage reduction under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s) at Anderson Creek, Jackson and Madison Counties,
Tennessee, if the Secretary determines that the project is technically
sound, environmentally acceptable, and economically justified.
(b) Relationship To West Tennessee Tributaries Project,
Tennessee.--Consistent with the report of the Chief of Engineers dated
March 24, 1948, on the West Tennessee Tributaries project--
(1) Anderson Creek shall not be considered to be an
authorized channel of the West Tennessee Tributaries Project;
and
(2) the Anderson Creek flood damage reduction project shall
not be considered to be part of the West Tennessee Tributaries
Project.
SEC. 3078. 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. 3079. 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. 3080. 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. 3081. SANDY CREEK, JACKSON COUNTY, TENNESSEE.
(a) In General.--The Secretary may carry out a project for flood
damage reduction under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s) at Sandy Creek, Jackson County, Tennessee, if the
Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified.
(b) Relationship to West Tennessee Tributaries Project,
Tennessee.--Consistent with the report of the Chief of Engineers dated
March 24, 1948, on the West Tennessee Tributaries project--
(1) Sandy Creek shall not be considered to be an authorized
channel of the West Tennessee Tributaries Project; and
(2) the Sandy Creek flood damage reduction project shall
not be considered to be part of the West Tennessee Tributaries
Project.
SEC. 3082. CEDAR BAYOU, TEXAS.
Section 349(a)(2) of the Water Resources Development Act of 2000
(114 Stat. 2632) is amended by striking ``except that the project is
authorized only for construction of a navigation channel 12 feet deep
by 125 feet wide'' and inserting ``except that the project is
authorized for construction of a navigation channel that is 10 feet
deep by 100 feet wide''.
SEC. 3083. FREEPORT HARBOR, TEXAS.
(a) In General.--The project for navigation, Freeport Harbor,
Texas, authorized by section 101 of the River and Harbor Act of 1970
(84 Stat. 1818), is modified to provide that--
(1) all project costs incurred as a result of the discovery
of the sunken vessel COMSTOCK of the Corps of Engineers are a
Federal responsibility; and
(2) the Secretary shall not seek further obligation or
responsibility for removal of the vessel COMSTOCK, or costs
associated with a delay due to the discovery of the sunken
vessel COMSTOCK, from the Port of Freeport.
(b) Cost Sharing.--This section does not affect the authorized cost
sharing for the balance of the project described in subsection (a).
SEC. 3084. HARRIS COUNTY, TEXAS.
Section 575(b) of the Water Resources Development Act of 1996 (110
Stat. 3789; 113 Stat. 311) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding the following:
``(5) the project for flood control, Upper White Oak Bayou,
Texas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4125).''.
SEC. 3085. 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. 3086. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, AND OTHER
NONNATIVE PLANT 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, water chestnuts, and other nonnative
plants in the Lake Champlain basin, Vermont.
SEC. 3087. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, VERMONT
AND NEW HAMPSHIRE.
(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, to remain available
until expended.
SEC. 3088. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION, VERMONT
AND NEW HAMPSHIRE.
(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
(xi) 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. 3089. 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. 3090. 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. 3091. 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. 3092. 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. 3093. 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).
SEC. 3094. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE,
WASHINGTON AND IDAHO.
(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 such 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).
SEC. 3095. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.
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.
SEC. 3096. 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. 3097. 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 May 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.
SEC. 3098. UNDERWOOD CREEK DIVERSION FACILITY PROJECT, MILWAUKEE
COUNTY, WISCONSIN.
Section 212(e) of the Water Resources Development Act of 1999 (33
U.S.C. 2332) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Underwood Creek Diversion Facility Project (County
Grounds), Milwaukee County, Wisconsin.''.
SEC. 3099. 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. 3100. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT INTERPRETIVE
SITE.
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. 3101. 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; and
(E) the acquisition from willing sellers 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.
SEC. 3102. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
PROGRAM.
Notwithstanding section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), for any Upper Mississippi River fish and wildlife
habitat rehabilitation and enhancement project carried out under
section 1103(e) of the Water Resources Development Act of 1986 (33
U.S.C. 652(e)), with the consent of the affected local government, a
nongovernmental organization may be considered to be a non-Federal
interest.
TITLE IV--STUDIES
SEC. 4001. EURASIAN MILFOIL.
Under the authority of section 104 of the River and Harbor Act of
1958 (33 U.S.C. 610), the Secretary shall carry out a study, at full
Federal expense, to develop national protocols for the use of the
Euhrychiopsis lecontei weevil for biological control of Eurasian
milfoil in the lakes of Vermont and other northern tier States.
SEC. 4002. NATIONAL PORT STUDY.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, shall conduct a study of the ability of coastal or
deepwater port infrastructure to meet current and projected national
economic needs.
(b) Components.--In conducting the study, the Secretary shall--
(1) consider--
(A) the availability of alternate transportation
destinations and modes;
(B) the impact of larger cargo vessels on existing
port capacity; and
(C) practicable, cost-effective congestion
management alternatives; and
(2) give particular consideration to the benefits and
proximity of proposed and existing port, harbor, waterway, and
other transportation infrastructure.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, 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 describes
the results of the study.
SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.
(a) In General.--To determine with improved accuracy the
environmental impacts of the project on the McClellan-Kerr Arkansas
River Navigation Channel (referred to in this section as the
``MKARN''), the Secretary shall carry out the measures described in
subsections (b) and (c) in a timely manner.
(b) National Environmental Policy Act Analysis.--In carrying out
the responsibility of the Secretary under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this section, the
Secretary shall include consideration of--
(1) the environmental impacts associated with transporting
an equivalent quantity of goods on Federal, State, and county
roads and such other alternative modes of transportation and
alternative destinations as are estimated to be transported on
the MKARN;
(2) the impacts associated with air quality;
(3) other human health and safety information (including
premature deaths averted); and
(4) the environmental and economic costs associated with
the dredging of any site on the MKARN, to the extent that the
site would be dredged if the MKARN were authorized to a 9-foot
depth.
(c) Species Study.--
(1) In general.--The Secretary, in conjunction with
Oklahoma State University, shall convene a panel of experts
with acknowledged expertise in wildlife biology and genetics to
review the available scientific information regarding the
genetic variation of various sturgeon species and possible
hybrids of those species that, as determined by the United
States Fish and Wildlife Service, may exist in any portion of
the MKARN.
(2) Report.--The Secretary shall direct the panel to report
to the Secretary, not later than 1 year after the date of
enactment of this Act and in the best scientific judgment of
the panel--
(A) the level of genetic variation between
populations of sturgeon sufficient to determine or
establish that a population is a measurably distinct
species, subspecies, or population segment; and
(B) whether any pallid sturgeons that may be found
in the MKARN (including any tributary of the MKARN)
would qualify as such a distinct species, subspecies,
or population segment.
SEC. 4004. SELENIUM STUDY, COLORADO.
(a) In General.--The Secretary, in consultation with State water
quality and resource and conservation agencies, shall conduct regional
and watershed-wide studies to address selenium concentrations in the
State of Colorado, including studies--
(1) to measure selenium on specific sites; and
(2) to determine whether specific selenium measures studied
should be recommended for use in demonstration projects.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.
The Secretary shall carry out a study for bank stabilization and
shore protection for Nicholas Canyon, Los Angeles, California, under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).
SEC. 4006. 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. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. HELENA,
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 in accordance with section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, SHERMAN
ISLAND, CALIFORNIA.
The Secretary shall carry out a study of the feasibility of a
project to use Sherman Island, California, as a dredged material
rehandling facility for the beneficial use of dredged material to
enhance the environment and meet other water resource needs on the
Sacramento-San Joaquin Delta, California, under section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326).
SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.
In carrying out the feasibility phase of the South San Francisco
Bay shoreline study, the Secretary shall use planning and design
documents prepared by the California State Coastal Conservancy, the
Santa Clara Valley Water District, and other local interests, in
cooperation with the Corps of Engineers (who shall provide technical
assistance to the local interests), as the basis for recommendations to
Congress for authorization of a project to provide for flood protection
of the South San Francisco Bay shoreline and restoration of the South
San Francisco Bay salt ponds.
SEC. 4010. 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.
SEC. 4011. LAKE ERIE AT LUNA PIER, MICHIGAN.
The Secretary shall study the feasibility of storm damage reduction
and beach erosion protection and other related purposes along Lake Erie
at Luna Pier, Michigan.
SEC. 4012. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, OHIO.
The Secretary shall carry out a study of the feasibility of a
project for navigation improvements, shoreline protection, and other
related purposes, including the rehabilitation the harbor basin
(including entrance breakwaters), interior shoreline protection,
dredging, and the development of a public launch ramp facility, for
Middle Bass Island State Park, Middle Bass Island, Ohio.
SEC. 4013. JASPER COUNTY PORT FACILITY STUDY, SOUTH CAROLINA.
(a) In General.--The Secretary may determine the feasibility of
providing improvements to the Savannah River for navigation and related
purposes that may be necessary to support the location of container
cargo and other port facilities to be located in Jasper County, South
Carolina, near the vicinity of mile 6 of the Savannah Harbor Entrance
Channel.
(b) Consideration.--In making a determination under subsection (a),
the Secretary shall take into consideration--
(1) landside infrastructure;
(2) the provision of any additional dredged material
disposal area for maintenance of the ongoing Savannah Harbor
Navigation project; and
(3) the results of a consultation with the Governor of the
State of California and the Governor of the State of South
Carolina.
SEC. 4014. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.
(a) Dispersal Barrier Project.--The Secretary shall determine, at
full Federal expense, the feasibility of a dispersal barrier project at
the Lake Champlain Canal.
(b) Construction, Maintenance, and Operation.--If the Secretary
determines that the project described in subsection (a) is feasible,
the Secretary shall construct, maintain, and operate a dispersal
barrier at the Lake Champlain Canal at full Federal expense.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 5001. 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;
``(23) Lake Fairlee, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation; and
``(24) Lake Rodgers, Creedmoor, North Carolina, removal of
silt and excessive nutrients and restoration of structural
integrity.''.
SEC. 5002. ESTUARY RESTORATION.
(a) Purposes.--Section 102 of the Estuary Restoration Act of 2000
(33 U.S.C. 2901) is amended--
(1) in paragraph (1), by inserting before the semicolon the
following: ``by implementing a coordinated Federal approach to
estuary habitat restoration activities, including the use of
common monitoring standards and a common system for tracking
restoration acreage'';
(2) in paragraph (2), by inserting ``and implement'' after
``to develop''; and
(3) in paragraph (3), by inserting ``through cooperative
agreements'' after ``restoration projects''.
(b) Definition of Estuary Habitat Restoration Plan.--Section
103(6)(A) of the Estuary Restoration Act of 2000 (33 U.S.C. 2902(6)(A))
is amended by striking ``Federal or State'' and inserting ``Federal,
State, or regional''.
(c) Estuary Habitat Restoration Program.--Section 104 of the
Estuary Restoration Act of 2000 (33 U.S.C. 2903) is amended--
(1) in subsection (a), by inserting ``through the award of
contracts and cooperative agreements'' after ``assistance'';
(2) in subsection (c)--
(A) in paragraph (3)(A), by inserting ``or State''
after ``Federal''; and
(B) in paragraph (4)(B), by inserting ``or
approach'' after ``technology'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Except'' and inserting
the following:
``(i) In general.--Except''; and
(ii) by adding at the end the following:
``(ii) Monitoring.--
``(I) Costs.--The costs of
monitoring an estuary habitat
restoration project funded under this
title may be included in the total cost
of the estuary habitat restoration
project.
``(II) Goals.--The goals of the
monitoring are--
``(aa) to measure the
effectiveness of the
restoration project; and
``(bb) to allow adaptive
management to ensure project
success.'';
(B) in paragraph (2), by inserting ``or approach''
after ``technology''; and
(C) in paragraph (3), by inserting ``(including
monitoring)'' after ``services'';
(4) in subsection (f)(1)(B), by inserting ``long-term''
before ``maintenance''; and
(5) in subsection (g)--
(A) by striking ``In carrying'' and inserting the
following:
``(1) In general.--In carrying''; and
(B) by adding at the end the following:
``(2) Small projects.--
``(A) Definition.--Small projects carried out under
this Act shall have a Federal share of less than
$1,000,000.
``(B) Delegation of project implementation.--In
carrying out this section, the Secretary, on
recommendation of the Council, shall consider
delegating implementation of the small project to--
``(i) the Secretary of the Interior (acting
through the Director of the United States Fish
and Wildlife Service);
``(ii) the Under Secretary for Oceans and
Atmosphere of the Department of Commerce;
``(iii) the Administrator of the
Environmental Protection Agency; or
``(iv) the Secretary of Agriculture.
``(C) Funding.--Small projects delegated to another
Federal department or agency may be funded from the
responsible department or appropriations of the agency
authorized by section 109(a)(1).
``(D) Agreements.--The Federal department or agency
to which a small project is delegated shall enter into
an agreement with the non-Federal interest generally in
conformance with the criteria in sections 104(d) and
104(e). Cooperative agreements may be used for any
delegated project.''.
(d) Establishment of Estuary Habitat Restoration Council.--Section
105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2904(b)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) cooperating in the implementation of the strategy
developed under section 106;
``(7) recommending standards for monitoring for restoration
projects and contribution of project information to the
database developed under section 107; and
``(8) otherwise using the respective agency authorities of
the Council members to carry out this title.''.
(e) Monitoring of Estuary Habitat Restoration Projects.--Section
107(d) of the Estuary Restoration Act of 2000 (33 U.S.C. 2906(d)) is
amended by striking ``compile'' and inserting ``have general data
compilation, coordination, and analysis responsibilities to carry out
this title and in support of the strategy developed under section 107,
including compilation of''.
(f) Reporting.--Section 108(a) of the Estuary Restoration Act of
2000 (33 U.S.C. 2907(a)) is amended by striking ``third and fifth'' and
inserting ``sixth, eighth, and tenth''.
(g) Funding.--Section 109(a) of the Estuary Restoration Act of 2000
(33 U.S.C. 2908(a)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(D) and inserting the following:
``(A) to the Secretary, $25,000,000 for each of
fiscal years 2006 through 2010;
``(B) to the Secretary of the Interior (acting
through the Director of the United States Fish and
Wildlife Service), $2,500,000 for each of fiscal years
2006 through 2010;
``(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce, $2,500,000
for each of fiscal years 2006 through 2010;
``(D) to the Administrator of the Environmental
Protection Agency, $2,500,000 for each of fiscal years
2006 through 2010; and
``(E) to the Secretary of Agriculture, $2,500,000
for each of fiscal years 2006 through 2010.''; and
(2) in the first sentence of paragraph (2)--
(A) by inserting ``and other information compiled
under section 107'' after ``this title''; and
(B) by striking ``2005'' and inserting ``2010''.
(h) General Provisions.--Section 110 of the Estuary Restoration Act
of 2000 (33 U.S.C. 2909) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``or contracts'' after
``agreements''; and
(B) by inserting ``, nongovernmental
organizations,'' after ``agencies''; and
(2) by striking subsections (d) and (e).
SEC. 5003. 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. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE,
MARYLAND, PENNSYLVANIA, AND VIRGINIA.
(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) and sections 2.2 of the Susquehanna River Basin
Compact (Public Law 91-575) and the Delaware River Basin Compact
(Public Law 87-328), beginning in fiscal year 2002, 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, the Delaware River Basin
Compact, and the Potomac River Basin Compact;
(2) shall serve without additional compensation; and
(3) may designate an alternate member in accordance with
the terms of those compacts.
(b) Authorization To Allocate.--The Secretary shall allocate funds
to the Susquehanna River Basin Commission, Delaware River Basin
Commission, and the Interstate Commission on the Potomac River Basin
(Potomac River Basin Compact (Public Law 91-407)) to fulfill the
equitable funding requirements of the respective interstate compacts.
(c) Water Supply and Conservation Storage, Delaware River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Delaware River Basin Commission to provide
temporary water supply and conservation storage at the Francis
E. Walter Dam, Pennsylvania, for any period during which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(d) Water Supply and Conservation Storage, Susquehanna River
Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Susquehanna River Basin Commission to
provide temporary water supply and conservation storage at
Federal facilities operated by the Corps of Engineers in the
Susquehanna River Basin, during any period in which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(e) Water Supply and Conservation Storage, Potomac River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Potomac River Basin Commission to provide
temporary water supply and conservation storage at Federal
facilities operated by the Corps of Engineers in the Potomac
River Basin for any period during which the Commission has
determined that a drought warning or drought emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
SEC. 5005. 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.
(d) Credit.--
(1) In general.--The Secretary shall credit to each State
the proportion of funds that the State contributed to the
authorized dispersal barriers.
(2) Use.--A State may apply the credit to existing or
future projects of the Corps of Engineers.
SEC. 5006. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, NEW MEXICO.
(a) Short Title.--This section may be cited as the ``Rio Grande
Environmental Management Act of 2004''.
(b) Definitions.--In this section:
(1) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785, chapter 155), and ratified by the States of
Colorado, New Mexico, and Texas.
(2) Rio grande system.--The term ``Rio Grande system''
means the headwaters of the Rio Chama River and the Rio Grande
River (including all tributaries of the Rivers), from the
border between the States of Colorado and New Mexico downstream
to the border between the States of New Mexico and Texas.
(3) State.--The term ``State'' means the State of New
Mexico.
(c) Program Authority.--
(1) In general.--The Secretary shall carry out, in the Rio
Grande system--
(A) a program for the planning, construction, and
evaluation of measures for fish and wildlife habitat
rehabilitation and enhancement; and
(B) implementation of a long-term monitoring,
computerized data inventory and analysis, applied
research, and adaptive management program.
(2) Reports.--Not later than December 31, 2008, and not
later than December 31 of every sixth year thereafter, the
Secretary, in consultation with the Secretary of the Interior
and the State, shall submit to Congress a report that--
(A) contains an evaluation of the programs
described in paragraph (1);
(B) describes the accomplishments of each of the
programs;
(C) provides updates of a systemic habitat needs
assessment; and
(D) identifies any needed adjustments in the
authorization of the programs.
(d) State and Local Consultation and Cooperative Effort.--For the
purpose of ensuring the coordinated planning and implementation of the
programs authorized under subsection (c), the Secretary shall--
(1) consult with the State and other appropriate entities
in the State the rights and interests of which might be
affected by specific program activities; and
(2) enter into an interagency agreement with the Secretary
of the Interior to provide for the direct participation of, and
transfer of funds to, the United States Fish and Wildlife
Service and any other agency or bureau of the Department of the
Interior for the planning, design, implementation, and
evaluation of those programs.
(e) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of a
project carried out under subsection (c)(1)(A)--
(A) shall be 35 percent;
(B) may be provided through in-kind services or
direct cash contributions; and
(C) shall include provision of necessary land,
easements, relocations, and disposal sites.
(3) Operation and maintenance.--The costs of operation and
maintenance of a project located on Federal land, or land owned
or operated by a State or local government, shall be borne by
the Federal, State, or local agency that has jurisdiction over
fish and wildlife activities on the land.
(f) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), with the consent of the
affected local government, a nonprofit entity may be included as a non-
Federal interest for any project carried out under subsection
(c)(1)(A).
(g) Effect on Other Law.--
(1) Water law.--Nothing in this section preempts any State
water law.
(2) Compacts and decrees.--In carrying out this section,
the Secretary shall comply with the Rio Grande Compact, and any
applicable court decrees or Federal and State laws, affecting
water or water rights in the Rio Grande system.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
fiscal year 2005 and each subsequent fiscal year.
SEC. 5007. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.
(a) Disbursement Provisions of the State of South Dakota and the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``and the Secretary
of the Treasury'' after ``Secretary''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the State of South Dakota funds from the
State of South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund established
under section 603, to be used to carry out the
plan for terrestrial wildlife habitat
restoration submitted by the State of South
Dakota after the State certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 603(d)(3) and only after the Trust Fund
is fully capitalized.''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe funds from the Cheyenne River
Sioux Terrestrial Wildlife Habitat Restoration
Trust Fund and the Lower Brule Sioux
Terrestrial Wildlife Habitat Restoration Trust
Fund, respectively, established under section
604, to be used to carry out the plans for
terrestrial wildlife habitat restoration
submitted by the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe, respectively,
after the respective tribe certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 604(d)(3) and only after the Trust Fund
is fully capitalized.''.
(b) Investment Provisions of the State of South Dakota Terrestrial
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources
Development Act of 1999 (113 Stat. 388) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the Fund in accordance with all of the
requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in the Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of the Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of the Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of the Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuance of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until
the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the State of South Dakota the
results of the investment activities and financial status of
the Fund during the preceding 12-month period.'';
(2) in subsection (d)(2), by inserting ``of the Treasury''
after Secretary''; and
(3) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Secretary of the Treasury, to pay expenses
associated with investing the Fund and auditing the uses of amounts
withdrawn from the Fund--
``(1) up to $500,000 for each of fiscal years 2006 and
2007; and
``(2) such sums as are necessary for each subsequent fiscal
year. ''.
(c) Investment Provisions for the Cheyenne River Sioux Tribe and
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water
Resources Development Act of 1999 (113 Stat. 389) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Funds.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest each of the Funds in accordance with all
of the requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in each Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of each Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of each Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of each Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuation of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of the interest account.--
``(i) Before full capitalization.--Until
the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe the results of the investment
activities and financial status of the Funds during the
preceding 12-month period.''; and
(2) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Secretary of the Treasury to pay expenses
associated with investing the Funds and auditing the uses of amounts
withdrawn from the Funds--
``(1) up to $500,000 for each of fiscal years 2006 and
2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 5008. 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.
TITLE VI--PROJECT DEAUTHORIZATIONS
SEC. 6001. 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. 6002. 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. 6003. 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. 6004. 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. 6005. 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. 6006. 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. 6007. 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. 6008. CENTRAL AND SOUTHERN FLORIDA, EVERGLADES NATIONAL PARK,
FLORIDA.
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 (82 Stat. 740), is not
authorized.
SEC. 6009. 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. 6010. 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. 6011. 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. 6012. 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. 6013. 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. 6014. 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. 6015. 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. 6016. 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. 6017. 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. 6018. 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. 6019. 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. 6020. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.
The uncompleted portions of 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), are not authorized.
SEC. 6021. 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. 6022. 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 (commonly known as the ``Flood Control Act of 1946'') (33 U.S.C.
426e et seq.), is not authorized.
SEC. 6023. 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. 6024. 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. 6025. 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. 6026. 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. 6027. 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. 6028. 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. 6029. 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. 6030. 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. 6031. 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. 6032. 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. 6033. 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. 6034. 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.
SEC. 6035. 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. 6036. 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. 6037. 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. 6038. 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. 6039. 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. 6040. 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. 6041. 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. 6042. 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. 6043. 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. 6044. 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. 6045. SCHUYLKILL RIVER, PENNSYLVANIA.
The project for navigation, Schuylkill River (Mouth to Penrose
Avenue), Pennsylvania, authorized by section 3(a)(12) of the Water
Resources Development Act of 1988 (102 Stat. 4013), is not authorized.
SEC. 6046. 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. 6047. 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. 6048. 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. 6049. 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.
SEC. 6050. 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. 6051. 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. 6052. 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. 6053. 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. 6054. 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. 6055. 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,
authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), as
amended by the Act of July 24, 1946 (60 Stat. 635, chapter 595), the
Act of May 17, 1950 (64 Stat. 163, chapter 188), and the River and
Harbor Act of 1968 (82 Stat. 731), is not authorized.
SEC. 6056. 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. 6057. 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.
SEC. 6058. 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3300-3302)
Read twice and referred to the Committee on Environment and Public Works.
Sponsor introductory remarks on measure. (CR S3349-3350)
Committee on Environment and Public Works. Ordered to be reported with amendments favorably.
Committee on Environment and Public Works. Reported by Senator Inhofe with amendments. With written report No. 109-61. Additional views filed.
Committee on Environment and Public Works. Reported by Senator Inhofe with amendments. With written report No. 109-61. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 93.
Measure laid before Senate by unanimous consent. (consideration: CR S7694-7739; text of measure as reported in Senate: CR S7694-7725)
The committee amendments were withdrawn in Senate by Unanimous Consent.
Considered by Senate. (consideration: CR S7813-7858)
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Senate incorporated this measure in H.R. 2864 as an amendment.
Senate passed companion measure H.R. 2864 in lieu of this measure by Voice Vote.
Returned to the Calendar. Calendar No. 93.
See also H.R. 2864.