**[WATER RESOURCES DEVELOPMENT ACT OF 2007]{.underline}**

Provisions Relating to the Lower Platte River and Watershed, Nebraska

**1. [Lower Platte River Watershed Restoration]{.underline}**

The conferees are urged to include Section 5009 of the Senate bill in
the conference report.

[Background]{.underline}

The Lower Platte River basin in Nebraska supplies all of the water for
Nebraska's capital city, Lincoln. This combined surface and ground water
formation is created by the Platte River and by the Loup and Elkhorn
Rivers entering the basin from the north. The Omaha Municipal Utilities
District is developing two new well-fields and building a major water
treatment plan in the area. When the Omaha wells are completed, the
Lower Platte basin will serve up to 50% of the state's population.

Growth within this region located between Omaha and Lincoln provides
additional urgency for assuring protection of adequate water resources
for the long-term. The Corps of Engineers has significant technical
expertise and resources to cooperate with the Natural Resources
Districts ("NRDs" or "Districts") in the Lower Platte basin to focus on
water resource and related natural resource matters.

The Lower Platte South Natural Resources District, the Lower Platte
North Natural Resources District and the Papio-Missouri River Natural
Resources District were established by the Nebraska Legislature in 1972
to assess and protect water resources as local government agencies.
Collectively these three districts are the Lower Platte River Natural
Resources Districts for purposes of this legislation.

These three Districts together with six agencies of state government
have established the Lower Platte River Corridor Alliance by agreement
under the Nebraska Interlocal Cooperation Act as a forum for cooperation
on joint planning and programs in the Lower Platte watershed. The three
NRDs have also had a significant cooperative working relationship with
the Corps of Engineers that should strengthen watershed and basin-wide
efforts in the future recognizing the demands on water supplies.

Together, the Districts and the Alliance are pursuing common objectives
to address the challenges to water quantity and quality for this vital
region of Nebraska. The proposed Lower Platte River Watershed
Restoration Program would provide new authority to further strengthen
planning and advance implementation of restoration measures and projects
for flood damage reduction, water quantity and quality in the watershed.

[Senate Bill Provision as Passed]{.underline}

Legislative language authorizing the Lower Platte River Watershed
Restoration Program as included in the Senate bill follows:

SEC. 5009. LOWER PLATTE RIVER WATERSHED RESTORATION, NEBRASKA.

\(a\) IN GENERAL.---The Secretary, acting through the Chief of
Engineers, may cooperate with and provide assistance to the Lower Platte
River natural resources districts in the State of Nebraska to serve as
local sponsors with respect to---

> \(1\) conducting comprehensive watershed planning in the natural
> resource districts;
>
> \(2\) assessing water resources in the natural resource districts; and
>
> \(3\) providing project feasibility planning, design, and construction
> assistance for water resource and watershed management in the natural
> resource districts, including projects for environmental restoration
> and flood damage reduction.

\(b\) FUNDING.---

> \(1\) FEDERAL SHARE.---The Federal share of the cost of carrying out
> an activity described in subsection (a) shall be 65 percent.
>
> \(2\) NON-FEDERAL SHARE.---The non-Federal share of the cost of
> carrying out an activity described in subsection (a)---
>
> \(A\) shall be 35 percent; and
>
> \(B\) may be provided in cash or in-kind.

\(c\) AUTHORIZATION OF APPROPRIATIONS.---There is authorized to be
appropriated to the Secretary to carry out this section \$12,000,000.

### 2. [Antelope Creek Flood Damage Reduction Project, Lincoln Nebraska]{.underline} 

Amendment to Project Authorization in Section 101(b)(19) of WRDA 2000

[House Bill Provision as Passed with Requested Modification]{.underline}

Sec. 3090. Antelope Creek, Lincoln, Nebraska.

The project for flood damage reduction, Antelope Creek, Lincoln,
Nebraska, authorized by section 101(b)(19) of the Water Resources
Development Act of 2000 (114 Stat. 2578), is modified\--

\(1\) to direct the Secretary to credit toward the non-Federal share of
the cost of the project the cost of design, and construction work
carried out by the non-Federal interest ~~before~~ *after* the date of
the project cooperation agreement for the project if the Secretary
determines that the work is integral to the project; and

\(2\) to allow the non-Federal sponsor for the project to use, and to
direct the Secretary to accept, funds provided under any other Federal
program, to satisfy, in whole or in part, the non-Federal share of the
project if such funds are authorized to be used to carry out the
project.

[Background]{.underline}

The Antelope Creek Flood Damage Reduction Project is part of the
Antelope Valley Project that combined includes drainage, transportation
and community revitalization elements in downtown Lincoln adjacent to
the University of Nebraska. Lincoln, the Lower Platte South NRD and the
University are the local partners for this project.

The requested amendment as proposed to be modified from Section 3090 of
the House bill comes in two parts: (1) The first part relates to the
application of local costs incurred after the Corps-local sponsor
project cooperation agreement ("PCA").  This change is meant to allow
credit or reimbursement for certain construction costs approved by
Assistant Secretary in amendment #1 to the PCA under Sec. 215 of the
River and Harbors and Flood Control Act of 1968, and incurred from the
date of the original PCA to the date of amendment #1 of the PCA.  This
language has been reviewed with the Omaha District Office of the Corps

\(2\) The second part of the amendment would authorize the use of U.S.
Department of Transportation funds for the roads to be used as part of
the local match for the Corps project.  This amendment is particularly
important to the City of Lincoln and as well as the Lower Platte South
NRD and the University of Nebraska all three of which would benefit as a
Joint Antelope Valley Authority member.  The local match part of the
amendment is included in the attached for Antelope.

### 3. [Sand Creek Ecosystem Restoration Project, Nebraska]{.underline}

Amendment to the project authorization included in Section 101(b)(2)
WRDA 2000.

[House Bill Provision as Passed]{.underline}

Section 3091 . The project for ecosystem restoration and flood damage
reduction, Sand Creek watershed, Wahoo, Nebraska, authorized by section
101(b)(20) of the Water Resources Development Act of 2000 (114 Stat.
2578), is modified\--

\(1\) to direct the Secretary to provide credit toward the non-Federal
share of the cost of the project or reimbursement for the costs of any
work that has been or will be performed by the non-Federal interest
before, on, or after the approval of the project partnership agreement,
including work performed by the non-Federal interest in connection with
the design and construction of 7 upstream detention storage structures,
if the Secretary determines that the work is integral to the project;

\(2\) to require that in-kind work to be credited under paragraph (1) be
subject to audit; and

\(3\) to direct the Secretary to accept advance funds from the
non-Federal interest as needed to maintain the project schedule.

[Background]{.underline}

The Sand Creek amendment includes reimbursement of local costs incurred
after the Corps-local sponsor project cooperation agreement ("PCA").
This provision would allow the local sponsor to construct seven small
upstream structures, one of three project components under the
feasibility study plan approved by the Chief of Engineers, at a lower
cost to both the federal government and local sponsor and later be
reimbursed by the Corps of Engineers under the project cooperative
agreement.

4.  **[Western Sarpy-Clear Creek Flood Damage Reduction
    Project]{.underline}**

> Amendment to the project authorization in Section 101(b)(21) of WRDA.
>
> [Additional Legislative Provision Requested]{.underline}

Section \_\_\_\_. The project for flood control, Western Sarpy and Clear
Creek, Nebraska, authorized by section 101(b)(21) of the Water Resources
Development Act of 2000 (114 Stat. 2650), is modified to authorize the
Secretary to construct the project at a total cost of \$21,664,000, with
an estimated Federal cost of \$14,082,000 and an estimated non-Federal
cost of \$7,582,000.

[Background]{.underline}

This project, when completed, will protect vital drinking water
infrastructure that will be available to supply nearly 50% of Nebraska's
population in the eastern part of the state from flooding due to
annually threatened ice jams on the Platte River. Elected officials at
all levels in Nebraska have been long committed to this project's
completion.

Flooding in the area in 1993 severed one-half of the City of Lincoln's
water supply and catastrophe was again threatened in 1997 from ice-jam
induced flooding. That portion of the new Omaha Metropolitan Utilities
District well field and new water treatment plant on the Western side of
the Platte River now in development south of U.S. Highway 92 will also
receive critical protection from this project.

Additionally, this project will provide protection to I-80 and U.S.
Highway 6; the Burlington Northern Santa Fe Railroad, an Amtrak line;
national telecommunication lines; and other public infrastructure.
Construction of a separate but companion levee at Nebraska National
Guard's Camp at Ashland was fully funded by the Congress in the FY '04
Military Construction Appropriations Bill and is completed. *Neither of
these adjoining levees is effective without the other.* Ice jams with
the potential for flooding in the area around Camp Ashland and the I-80
bridge where it crosses the Lower Platte River occurred again as
recently as 2001 and will continue to be a significant threat until both
of these projects are completed.

According to the Corp of Engineers, the bases for this cost increase
include changes in costs for real estate, project design, conservation
measures, and project management and administration since the first
project estimate was prepared by the Corps prior to the WRDA 2000
authorization. During the summer of 2006, the Corps of Engineers
reported these cost increases project. Enclosed with this request is a
Corps fact sheet which describes the basis for this requested increase
in project authority.