H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2005 -- (House of Representatives - November 19, 2004)

DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005 TITLE I--DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; for the benefit of federally listed species to address the effects of civil works projects owned or operated by the United States Army Corps of Engineers; for providing security for infrastructure owned and operated by, or on behalf of, the United States Army Corps of Engineers, including administrative buildings and facilities, laboratories, and the Washington Aqueduct; for the maintenance of harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; and for surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removal of obstructions to navigation, $1,959,101,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for coastal harbors and channels shall be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived from that fund; of which such sums as become available from the special account for the United States Army Corps of Engineers established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; and of which such sums as become available under section 217 of the Water Resources Development Act of 1996, Public Law 104-303, shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which fees have been collected: Provided, That utilizing funds appropriated herein, for the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the Secretary of the Army, acting through the Chief of Engineers, is directed to reimburse the State of Delaware for normal operation and maintenance costs incurred by the State of Delaware for the SR1 Bridge from station 58+00 to station 293 +00 between October 1, 2003, and September 30, 2004: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use funds appropriated herein to rehabilitate the existing dredged material disposal site for the project for navigation, Bodega Bay Harbor, California, and to continue maintenance dredging of the Federal channel: Provided further, That the Secretary shall make suitable material excavated from the Bodega Bay Harbor, California, disposal site as part of the rehabilitation effort available to the non-Federal sponsor, at no cost to the Federal Government, for use by the non-Federal sponsor in the development of public facilities: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake, at full federal expense, a detailed evaluation of the Albuquerque levees for purposes of determining structural integrity, impacts of vegetative growth, and performance under current hydrological

conditions: Provided further, That using $175,000 provided herein, the Secretary of the Army, acting through the Chief of Engineers is authorized to remove the sunken vessel. State of Pennsylvania from the Christina River in Delaware: Provided further, That the Corps of Engineers shall not allocate any funds to deposit dredged material along the Laguna Madre portion of the Gulf Intracoastal Waterway except at the placement areas specified in the Dredged Material Management Plan in section 2.11 of the Final Environmental Impact Statement for Maintenance Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas, prepared by the Corps of Engineers dated September 2003: Provided further, That nothing in the above proviso shall prevent the Corps of Engineers from performing necessary maintenance operations along the Gulf Intracoastal Waterway if the following conditions are met: if the Corps proposes to use any placement areas that are not currently specified in the Dredged Material Management Plan and failure to use such alternative placement areas will result in the closure of any segment of the Gulf Intracoastal Waterway, then such proposal shall be analyzed in an Environmental Impact Statement (EIS) and comply with all other applicable requirements of the National Environmental Policy Act, 42 U.S.C. 4321, et seq., and all other applicable State and Federal laws, including the Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: Provided further, That, of the funds made available, $7,000,000 is to be used to perform work authorized in Section 136 of Public Law 108-357.

CONFERENCE REPORT ON H.R. 4818

OPERATION AND MAINTENANCE

Mobile Harbor, Alabama.--The conferees have included an additional $1,000,000 to continue the Garrows Bend environmental restoration.

Tennessee--Tombigbee Waterway, Alabama & Mississippi.-- The conference has included an additional $650,000 to perform additional maintenance dredging. Of the funds provided, up to $300,000 may be used for aquatic plant control activities.

Anchorage Harbor, Alaska.--The conferees have included an additional $2,000,000 for maintenance dredging of the harbor.

Chena River Lakes, Alaska.--The conferees have included an additional $775,000 for the additional deferred maintenance work of the Chena River Lakes project.

Nome Harbor, Alaska.--The conference has included an additional $1,000,000 for additional maintenance dredging of the harbor.

Cherry Creek, Chatfield, and Trinidad Lakes, Colorado.--The conferees have included an additional $1,549,000 for continued repairs at these three lakes. This action in no way is intended to alter the Corps of Engineers' lease and property accountability policies. It is the conference's

understanding that the State of Colorado has agreed to cost share this project on a 50-50 basis. It is also the understanding of the conferees that the Secretary is not to assume, nor share in the future of the operation and maintenance of these recreation facilities. Of the funds provided, the Corps is directed to conduct a reallocation study for Chatfield Reservoir project.

Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland.--The conference recommendation includes $14,400,000 for this project. Within the funds provided, $500,000 is included for maintenance costs of the SR-1 Bridge and $100,000 for plans and specifications for the Summit Bridge approaches.

Apalachiacola, Chattahoochee and Flint Rivers, Georgia, Alabama, and Florida.--The conference has included an additional $5,231,000, which includes annual dredging of the river channel, annual operations and maintenance of the George W. Andrews Lock, spot dredging of shoals, continuation of slough mouth restoration, and routine operations and maintenance of the project.

Dworshak Dam and Reservoir, Idaho.--The conferees have included an additional $500,000 for site improvements and environmental compliance efforts.

Snake River Dredging, Idaho, Oregon, and Washington.--The conferees have recommended $250,000 for dredging completion of the Programmatic Dredged Material Management Plan/Supplemental Environmental Impact Statement and for maintenance dredging on the Snake River.

Ohio River Locks and Dams, Kentucky, Illinois, Indiana, and Ohio.-- Within the funds provided, the Corps of Engineers is directed to utilize up to $2,500,000 in cooperation with Operation Respond, a non-profit organization, to implement a demonstration project collecting and integrating imagery of a selected segment of the Ohio Basin, gathering data from Federal and non-Federal interests, developing and testing software primarily for the use of emergency responders, and for stabilization measures for the Emery Lane bank failure at Indianapolis, Indiana.

Wolf Creek Dam, Lake Cumberland, Kentucky.--Additional funding includes $500,000 for parking improvements at Lee's Ford Marina, as well as additional funding for powerhouse-related repairs.

Mississippi River Between Missouri River and Minneapolis (MVR Portion), Illinois.--The conference recommendation includes $43,473,000. Within the funds provided, $1,000,000 is for continuation of the rehab of Lock and Dam 11.

Delaware River, Philadelphia to the Sea, New Jersey, Pennsylvania, and Delaware.--The conferees have included an additional $1,450,000 for completion of the Pea Patch Island project.

Council Grove Lake, Kansas.--The conference has included additional funding for the repair and upgrade of public use facilities.

Wilson Lake, Kansas.--The conference has provided additional funding for the Corps to conduct a reallocation study.

Barren River Lake, Kentucky.--The conferees have provided additional funding for the repair and upgrade of public use facilities.

J. Bennett Johnston Waterway, Louisiana.--The conference has included additional funding for bank stabilization repairs, dredging entrances to oxbow lakes, routine operation and maintenance activities, annual dredging requirements, and backlog maintenance.

Fort Peck Dam, Montana.--The conferees have included additional funds to complete the on-going construction work related to the site.

Cochiti Lake, New Mexico.--The conferees have provided additional funds for the continuation of studies that were initiated in fiscal year 2004, which include the proposed operational changes and gate automation and to begin the relocation of the Al Black area.

Garrison Dam and Lake Sakakawea, North Dakota.--The conference has provided additional funds for mosquito control and for deferred maintenance activities. The conference is aware that low lake levels on Lake Sakakawea, North Dakota have made the current marina located at Fort Stevenson unusable and expects the Army Corps to use funds within this account to relocate this marina to Garrison Bay.

Norfolk Harbor, Craney Island, Virginia.--The conference has provided additional funds in order to raise the containment dikes to provide the capacity needed for the Norfolk Harbor Deepening project.

Connecticut River Flood Control Dams, Vermont.--$250,000 has been provided for fish passage facilities at these projects.

Columbia & Lower Willamette River Below Vancouver, Washington and Portland, Oregon.--The conference recommendation includes $250,000 for the Astoria Boat Basin.

Regional Sediment Management Demonstration Program.--The conferees have provided $2,500,000 for this program. Within the funds provided, $500,000 is for the southeast coast of Oahu, Hawaii and $1,000,000 is for the Littoral Drift Restoration Program, Washington.

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