In the Senate of the United States,

July 19, 2006.

Resolved, That the bill from the House of Representatives (H.R. 2864) entitled ‘‘An Act to provide for the conservation and development of water and related resources, to

authorize the Secretary of the Army to construct various

projects for improvements to rivers and harbors of the United

States, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Water Resources Development Act of 2006’’.
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HR 2864 EAS

1 (b) TABLE OF CONTENTS.—The table of contents of this

2 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

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. Fiscal transparency report.

Sec. 2005. Planning.

Sec. 2006. Water Resources Planning Coordinating Committee.

Sec. 2007. Independent peer review.

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. Federal hopper dredges.

Sec. 2021. Extraordinary rainfall events.

Sec. 2022. Wildfire firefighting.

Sec. 2023. Nonprofit organizations as sponsors.

Sec. 2024. Project administration.

Sec. 2025. Program administration.

Sec. 2026. National Dam Safety Program reauthorization.

Sec. 2027. Extension of shore protection projects.

Subtitle B—Continuing Authorities Projects

Sec. 2031. Navigation enhancements for waterbourne transportation.

Sec. 2032. Protection and restoration due to emergencies at shores and

streambanks.
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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 and removal of dams.

Sec. 2038. Remote, maritime-dependent communities.

Sec. 2039. Agreements for water resource projects.

Sec. 2040. Program names.

Subtitle C—National Levee Safety Program

Sec. 2051. Short title.

Sec. 2052. Definitions.

Sec. 2053. National Levee Safety Committee.

Sec. 2054. National Levee Safety Program.

Sec. 2055. Authorization of appropriations.

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. Rio de Flag, Flagstaff, Arizona.

Sec. 3005. Augusta and Clarendon, Arkansas.

Sec. 3006. Red-Ouachita River Basin levees, Arkansas and Louisiana.

Sec. 3007. St. Francis Basin, Arkansas and Missouri.

Sec. 3008. St. Francis Basin land transfer, Arkansas and Missouri.

Sec. 3009. McClellan-Kerr Arkansas River Navigation System, Arkansas and

Oklahoma.

Sec. 3010. Cache Creek Basin, California.

Sec. 3011. CALFED Levee stability program, California.

Sec. 3012. Hamilton Airfield, California.

Sec. 3013. LA–3 dredged material ocean disposal site designation, California.

Sec. 3014. Larkspur Ferry Channel, California.

Sec. 3015. Llagas Creek, California.

Sec. 3016. Magpie Creek, California.

Sec. 3017. Pine Flat Dam fish and wildlife habitat, California.

Sec. 3018. Redwood City navigation project, California.

Sec. 3019. Sacramento and American Rivers flood control, California.

Sec. 3020. Conditional declaration of nonnavigability, Port of San Francisco,

California.

Sec. 3021. Salton Sea restoration, California.

Sec. 3022. Santa Barbara Streams, Lower Mission Creek, California.

Sec. 3023. Upper Guadalupe River, California.

Sec. 3024. Yuba River Basin project, California.

Sec. 3025. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut.

Sec. 3026. Anchorage area, New London Harbor, Connecticut.

Sec. 3027. Norwalk Harbor, Connecticut.

Sec. 3028. St. George’s Bridge, Delaware.

Sec. 3029. Christina River, Wilmington, Delaware.

Sec. 3030. Designation of Senator William V. Roth, Jr. Bridge, Delaware.

Sec. 3031. Additional program authority, comprehensive Everglades restoration,

Florida.
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Sec. 3032. Brevard County, Florida.

Sec. 3033. Critical restoration projects, Everglades and south Florida ecosystem

restoration, Florida.

Sec. 3034. Lake Okeechobee and Hillsboro Aquifer pilot projects, comprehensive

Everglades restoration, Florida.

Sec. 3035. Lido Key, Sarasota County, Florida.

Sec. 3036. Port Sutton Channel, Tampa Harbor, Florida.

Sec. 3037. Tampa Harbor, Cut B, Tampa, Florida.

Sec. 3038. Allatoona Lake, Georgia.

Sec. 3039. Dworshak Reservoir improvements, Idaho.

Sec. 3040. Little Wood River, Gooding, Idaho.

Sec. 3041. Port of Lewiston, Idaho.

Sec. 3042. Cache River Levee, Illinois.

Sec. 3043. Chicago, Illinois.

Sec. 3044. Chicago River, Illinois.

Sec. 3045. Illinois River Basin restoration.

Sec. 3046. Missouri and Illinois flood protection projects reconstruction pilot program.

Sec. 3047. Spunky Bottom, Illinois.

Sec. 3048. Strawn Cemetery, John Redmond Lake, Kansas.

Sec. 3049. Milford Lake, Milford, Kansas.

Sec. 3050. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and

West Virginia.

Sec. 3051. McAlpine Lock and Dam, Kentucky and Indiana.

Sec. 3052. Public access, Atchafalaya Basin Floodway System, Louisiana.

Sec. 3053. Regional visitor center, Atchafalaya Basin Floodway System, Louisiana.

Sec. 3054. Calcasieu River and Pass, Louisiana.

Sec. 3055. East Baton Rouge Parish, Louisiana.

Sec. 3056. Mississippi River Gulf Outlet relocation assistance, Louisiana.

Sec. 3057. Red River (J. Bennett Johnston) Waterway, Louisiana.

Sec. 3058. Camp Ellis, Saco, Maine.

Sec. 3059. Union River, Maine.

Sec. 3060. Chesapeake Bay environmental restoration and protection program,

Maryland, Pennsylvania, and Virginia.

Sec. 3061. Cumberland, Maryland.

Sec. 3062. Aunt Lydia’s Cove, Massachusetts.

Sec. 3063. Fall River Harbor, Massachusetts and Rhode Island.

Sec. 3064. St. Clair River and Lake St. Clair, Michigan.

Sec. 3065. Duluth Harbor, Minnesota.

Sec. 3066. Red Lake River, Minnesota.

Sec. 3067. Bonnet Carre Freshwater Diversion Project, Mississippi and Louisiana.

Sec. 3068. Land exchange, Pike County, Missouri.

Sec. 3069. L–15 levee, Missouri.

Sec. 3070. Union Lake, Missouri.

Sec. 3071. Fort Peck Fish Hatchery, Montana.

Sec. 3072. Lower Yellowstone project, Montana.

Sec. 3073. Yellowstone River and tributaries, Montana and North Dakota.

Sec. 3074. Lower Truckee River, McCarran Ranch, Nevada.

Sec. 3075. Middle Rio Grande restoration, New Mexico.

Sec. 3076. Long Island Sound oyster restoration, New York and Connecticut.

Sec. 3077. Orchard Beach, Bronx, New York.

Sec. 3078. New York Harbor, New York, New York.

Sec. 3079. Missouri River restoration, North Dakota.
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Sec. 3080. Lower Girard Lake Dam, Girard, Ohio.

Sec. 3081. Toussaint River Navigation Project, Carroll Township, Ohio.

Sec. 3082. Arcadia Lake, Oklahoma.

Sec. 3083. Lake Eufaula, Oklahoma.

Sec. 3084. Release of retained rights, interests, and reservations, Oklahoma.

Sec. 3085. Oklahoma lakes demonstration program, Oklahoma.

Sec. 3086. Waurika Lake, Oklahoma.

Sec. 3087. Lookout Point project, Lowell, Oregon.

Sec. 3088. Upper Willamette River Watershed ecosystem restoration.

Sec. 3089. Tioga Township, Pennsylvania.

Sec. 3090. Upper Susquehanna River Basin, Pennsylvania and New York.

Sec. 3091. Narragansett Bay, Rhode Island.

Sec. 3092. South Carolina Department of Commerce development proposal at

Richard B. Russell Lake, South Carolina.

Sec. 3093. Missouri River restoration, South Dakota.

Sec. 3094. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 3095. Anderson Creek, Jackson and Madison Counties, Tennessee.

Sec. 3096. Harris Fork Creek, Tennessee and Kentucky.

Sec. 3097. Nonconnah Weir, Memphis, Tennessee.

Sec. 3098. Old Hickory Lock and Dam, Cumberland River, Tennessee.

Sec. 3099. Sandy Creek, Jackson County, Tennessee.

Sec. 3100. Cedar Bayou, Texas.

Sec. 3101. Denison, Texas.

Sec. 3102. Freeport Harbor, Texas.

Sec. 3103. Harris County, Texas.

Sec. 3104. Connecticut River restoration, Vermont.

Sec. 3105. Dam remediation, Vermont.

Sec. 3106. Lake Champlain Eurasian milfoil, water chestnut, and other nonnative plant control, Vermont.

Sec. 3107. Upper Connecticut River Basin wetland restoration, Vermont and New

Hampshire.

Sec. 3108. Upper Connecticut River Basin ecosystem restoration, Vermont and

New Hampshire.

Sec. 3109. Lake Champlain watershed, Vermont and New York.

Sec. 3110. Chesapeake Bay oyster restoration, Virginia and Maryland.

Sec. 3111. Tangier Island Seawall, Virginia.

Sec. 3112. Erosion control, Puget Island, Wahkiakum County, Washington.

Sec. 3113. Lower Granite Pool, Washington.

Sec. 3114. McNary Lock and Dam, McNary National Wildlife Refuge, Washington and Idaho.

Sec. 3115. Snake River project, Washington and Idaho.

Sec. 3116. Whatcom Creek Waterway, Bellingham, Washington.

Sec. 3117. Lower Mud River, Milton, West Virginia.

Sec. 3118. McDowell County, West Virginia.

Sec. 3119. Green Bay Harbor project, Green Bay, Wisconsin.

Sec. 3120. Underwood Creek Diversion Facility Project, Milwaukee County, Wisconsin.

Sec. 3121. Oconto Harbor, Wisconsin.

Sec. 3122. Mississippi River headwaters reservoirs.

Sec. 3123. Lower Mississippi River Museum and Riverfront Interpretive Site.

Sec. 3124. Pilot program, Middle Mississippi River.

Sec. 3125. Upper Mississippi River system environmental management program.

Sec. 3126. Upper basin of Missouri River.

Sec. 3127. Great Lakes fishery and ecosystem restoration program.

Sec. 3128. Great Lakes remedial action plans and sediment remediation.
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Sec. 3129. Great Lakes tributary models.

Sec. 3130. Upper Ohio River and Tributaries Navigation System new technology

pilot program.

TITLE IV—STUDIES

Sec. 4001. Eurasian milfoil.

Sec. 4002. National port study.

Sec. 4003. McClellan-Kerr Arkansas River Navigation Channel.

Sec. 4004. Los Angeles River revitalization study, California.

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. Fountain Creek, North of Pueblo, Colorado.

Sec. 4012. Selenium study, Colorado.

Sec. 4013. Promontory Point third-party review, Chicago Shoreline, Chicago, Illinois.

Sec. 4014. Vidalia Port, Louisiana.

Sec. 4015. Lake Erie at Luna Pier, Michigan.

Sec. 4016. Middle Bass Island State Park, Middle Bass Island, Ohio.

Sec. 4017. Jasper County port facility study, South Carolina.

Sec. 4018. Johnson Creek, Arlington, Texas.

Sec. 4019. 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. Anacostia River, District of Columbia and Maryland.

Sec. 5006. Chicago Sanitary and Ship Canal Dispersal Barriers project, Illinois.

Sec. 5007. Rio Grande environmental management program, Colorado, New Mexico, and Texas.

Sec. 5008. Missouri River and tributaries, mitigation, recovery and restoration,

Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota,

South Dakota, and Wyoming.

Sec. 5009. Lower Platte River watershed restoration, Nebraska.

Sec. 5010. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial

wildlife habitat restoration, South Dakota.

Sec. 5011. 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.
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Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, part II, installation of fender protection for bridges, Delaware and Maryland.

Sec. 6008. Shingle Creek Basin, Florida.

Sec. 6009. Brevoort, Indiana.

Sec. 6010. Middle Wabash, Greenfield Bayou, Indiana.

Sec. 6011. Lake George, Hobart, Indiana.

Sec. 6012. Green Bay Levee and Drainage District No. 2, Iowa.

Sec. 6013. Muscatine Harbor, Iowa.

Sec. 6014. Big South Fork National River and recreational area, Kentucky and

Tennessee.

Sec. 6015. Eagle Creek Lake, Kentucky.

Sec. 6016. Hazard, Kentucky.

Sec. 6017. West Kentucky tributaries, Kentucky.

Sec. 6018. Bayou Cocodrie and tributaries, Louisiana.

Sec. 6019. Bayou LaFourche and LaFourche Jump, Louisiana.

Sec. 6020. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana.

Sec. 6021. Fort Livingston, Grand Terre Island, Louisiana.

Sec. 6022. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana.

Sec. 6023. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas.

Sec. 6024. Casco Bay, Portland, Maine.

Sec. 6025. Northeast Harbor, Maine.

Sec. 6026. Penobscot River, Bangor, Maine.

Sec. 6027. Saint John River Basin, Maine.

Sec. 6028. Tenants Harbor, Maine.

Sec. 6029. Grand Haven Harbor, Michigan.

Sec. 6030. Greenville Harbor, Mississippi.

Sec. 6031. Platte River flood and related streambank erosion control, Nebraska.

Sec. 6032. Epping, New Hampshire.

Sec. 6033. Manchester, New Hampshire.

Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal, Jersey

City, New Jersey.

Sec. 6035. Eisenhower and Snell Locks, New York.

Sec. 6036. Olcott Harbor, Lake Ontario, New York.

Sec. 6037. Outer Harbor, Buffalo, New York.

Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.

Sec. 6039. Cleveland Harbor 1958 Act, Ohio.

Sec. 6040. Cleveland Harbor 1960 Act, Ohio.

Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.

Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon.

Sec. 6043. Schuylkill River, Pennsylvania.

Sec. 6044. Tioga-Hammond Lakes, Pennsylvania.

Sec. 6045. Tamaqua, Pennsylvania.

Sec. 6046. Narragansett Town Beach, Narragansett, Rhode Island.

Sec. 6047. Quonset Point-Davisville, Rhode Island.

Sec. 6048. Arroyo Colorado, Texas.

Sec. 6049. Cypress Creek-Structural, Texas.

Sec. 6050. East Fork channel improvement, Increment 2, east fork of the Trinity

River, Texas.

Sec. 6051. Falfurrias, Texas.

Sec. 6052. Pecan Bayou Lake, Texas.

Sec. 6053. Lake of the Pines, Texas.

Sec. 6054. Tennessee Colony Lake, Texas.
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Sec. 6055. City Waterway, Tacoma, Washington.

Sec. 6056. Kanawha River, Charleston, West Virginia.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Secretary

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 1001. PROJECT AUTHORIZATIONS.

7 (a) PROJECTS WITH CHIEF’S REPORTS.—Except as

8 otherwise provided in this section, the following projects for

9 water resources development and conservation and other

10 purposes are authorized to be carried out by the Secretary

11 substantially in accordance with the plans, and subject to

12 the conditions, described in the respective reports designated

13 in this section:

14 (1) HAINES HARBOR, ALASKA.—The project for

15 navigation, Haines Harbor, Alaska: Report of the

16 Chief of Engineers dated December 20, 2004, at a

17 total estimated cost of $13,700,000, with an estimated

18 Federal cost of $10,960,000 and an estimated non19 Federal cost of $2,740,000.

20 (2) RILLITO RIVER (EL RIO ANTIGUO), PIMA

21 COUNTY, ARIZONA.—The project for ecosystem restora22 tion, Rillito River (El Rio Antiguo), Pima County,

23 Arizona: Report of the Chief of Engineers dated De24 cember 22, 2004, at a total cost of $75,200,000, with
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HR 2864 EAS

1 an estimated Federal cost of $48,400,000 and an esti2 mated non-Federal cost of $26,800,000.

3 (3) SANTA CRUZ RIVER, PASEO DE LAS IGLESIAS,

4 ARIZONA.—The project for ecosystem restoration,

5 Santa Cruz River, Pima County, Arizona: Report of

6 the Chief of Engineers dated March 28, 2006, at a

7 total cost of $94,400,000, with an estimated Federal

8 cost of $61,200,000 and an estimated non-Federal cost

9 of $33,200,000.

10 (4) TANQUE VERDE CREEK, ARIZONA.—The

11 project for ecosystem restoration, Tanque Verde Creek,

12 Arizona: Report of the Chief of Engineers dated July

13 22, 2003, at a total cost of $5,706,000, with an esti14 mated Federal cost of $3,706,000 and an estimated

15 non-Federal cost of $2,000,000.

16 (5) SALT RIVER (VA SHLYAY AKIMEL), MARICOPA

17 COUNTY, ARIZONA.—

18 (A) IN GENERAL.—The project for ecosystem

19 restoration, Salt River (Va Shlyay Akimel), Ari20 zona: Report of the Chief of Engineers dated

21 January 3, 2005, at a total cost of $156,700,000,

22 with an estimated Federal cost of $101,600,000

23 and an estimated non-Federal cost of

24 $55,100,000.
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1 (B) COORDINATION WITH FEDERAL REC2 LAMATION PROJECTS.—The Secretary, to the

3 maximum extent practicable, shall coordinate the

4 development and construction of the project de5 scribed in subparagraph (A) with each Federal

6 reclamation project located in the Salt River

7 Basin to address statutory requirements and the

8 operations of those projects.

9 (6) HAMILTON CITY, CALIFORNIA.—The project

10 for flood damage reduction and ecosystem restoration,

11 Hamilton City, California: Report of the Chief of En12 gineers dated December 22, 2004, at a total cost of

13 $50,600,000, with an estimated Federal cost of

14 $33,000,000 and estimated non-Federal cost of

15 $17,600,000.

16 (7) IMPERIAL BEACH, CALIFORNIA.—The project

17 for storm damage reduction, Imperial Beach, Cali18 fornia: Report of the Chief of Engineers dated Decem19 ber 30, 2003, at a total cost of $13,300,000, with an

20 estimated Federal cost of $8,500,000 and an estimated

21 non-Federal cost of $4,800,000, and at an estimated

22 total cost of $41,100,000 for periodic beach nourish23 ment over the 50-year life of the project, with an esti24 mated Federal cost of $20,550,000 and an estimated

25 non-Federal cost of $20,550,000.
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1 (8) MATILIJA DAM, VENTURA COUNTY, CALI2 FORNIA.—The project for ecosystem restoration,

3 Matilija Dam and Ventura River Watershed, Ventura

4 County, California: Report of the Chief of Engineers

5 dated December 20, 2004, at a total cost of

6 $139,600,000, with an estimated Federal cost of

7 $86,700,000 and an estimated non-Federal cost of

8 $52,900,000.

9 (9) MIDDLE CREEK, LAKE COUNTY, CALI10 FORNIA.—The project for flood damage reduction and

11 ecosystem restoration, Middle Creek, Lake County,

12 California: Report of the Chief of Engineers dated No13 vember 29, 2004, at a total cost of $43,630,000, with

14 an estimated Federal cost of $28,460,000 and an esti15 mated non-Federal cost of $15,170,000.

16 (10) NAPA RIVER SALT MARSH, CALIFORNIA.—

17 (A) IN GENERAL.—The project for ecosystem

18 restoration, Napa River Salt Marsh, California,

19 at a total cost of $103,012,000, with an esti20 mated Federal cost of $65,600,000 and an esti21 mated non-Federal cost of $37,412,000, to be car22 ried out by the Secretary substantially in ac23 cordance with the plans and subject to the condi24 tions recommended in the final report signed by

25 the Chief of Engineers on December 22, 2004.
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1 (B) ADMINISTRATION.—In carrying out the

2 project authorized by this paragraph, the Sec3 retary shall—

4 (i) construct a recycled water pipeline

5 extending from the Sonoma Valley County

6 Sanitation District Waste Water Treatment

7 Plant and the Napa Sanitation District

8 Waste Water Treatment Plant to the

9 project; and

10 (ii) restore or enhance Salt Ponds 1,

11 1A, 2, and 3.

12 (C) TRANSFER OF OWNERSHIP.—On com13 pletion of salinity reduction in the project area,

14 the Secretary shall transfer ownership of the

15 pipeline to the non-Federal interest at the fully

16 depreciated value of the pipeline, less—

17 (i) the non-Federal cost-share contrib18 uted under subparagraph (A); and

19 (ii) the estimated value of the water to

20 be provided as needed for maintenance of

21 habitat values in the project area through22 out the life of the project.

23 (11) SOUTH PLATTE RIVER, DENVER, COLO24 RADO.—The project for ecosystem restoration, Denver

25 County Reach, South Platte River, Denver, Colorado:
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1 Report of the Chief of Engineers dated May 16, 2003,

2 at a total cost of $21,050,000, with an estimated Fed3 eral cost of $13,680,000 and an estimated non-Fed4 eral cost of $7,370,000.

5 (12) INDIAN RIVER LAGOON, SOUTH FLORIDA.—

6 (A) IN GENERAL.—The Secretary may

7 carry out the project for ecosystem restoration,

8 water supply, flood control, and protection of

9 water quality, Indian River Lagoon, south Flor10 ida, at a total cost of $1,365,000,000, with an es11 timated first Federal cost of $682,500,000 and

12 an estimated first non-Federal cost of

13 $682,500,000, in accordance with section 601 of

14 the Water Resources Development Act of 2000

15 (114 Stat. 2680) and the recommendations of the

16 report of the Chief of Engineers dated August 6,

17 2004.

18 (B) DEAUTHORIZATIONS.—As of the date of

19 enactment of this Act, the following projects are

20 not authorized:

21 (i) The uncompleted portions of the

22 project authorized by section 601(b)(2)(C)(i)

23 of the Water Resources Development Act of

24 2000 (114 Stat. 2682), C–44 Basin Storage

25 Reservoir of the Comprehensive Everglades
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1 Restoration Plan, at a total cost of

2 $147,800,000, with an estimated Federal

3 cost of $73,900,000 and an estimated non4 Federal cost of $73,900,000.

5 (ii) The uncompleted portions of the

6 project authorized by section 203 of the

7 Flood Control Act of 1968 (Public Law 90–

8 483; 82 Stat. 740), Martin County, Florida,

9 modifications to Central and South Florida

10 Project, as contained in Senate Document

11 101, 90th Congress, 2d Session, at a total

12 cost of $15,471,000, with an estimated Fed13 eral cost of $8,073,000 and an estimated

14 non-Federal cost of $7,398,000.

15 (iii) The uncompleted portions of the

16 project authorized by section 203 of the

17 Flood Control Act of 1968 (Public Law 90–

18 483; 82 Stat. 740), East Coast

19 Backpumping, St. Lucie–Martin County,

20 Spillway Structure S–311 of the Central

21 and South Florida Project, as contained in

22 House Document 369, 90th Congress, 2d

23 Session, at a total cost of $77,118,000, with

24 an estimated Federal cost of $55,124,000
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1 and an estimated non-Federal cost of

2 $21,994,000.

3 (13) MIAMI HARBOR, MIAMI, FLORIDA.—The

4 project for navigation, Miami Harbor, Miami, Flor5 ida: Report of the Chief of Engineers dated April 25,

6 2005, at a total cost of $125,270,000, with an esti7 mated Federal cost of $75,140,000 and an estimated

8 non-Federal cost of $50,130,000.

9 (14) PICAYUNE STRAND, FLORIDA.—The project

10 for ecosystem restoration, Picayune Strand, Florida:

11 Report of the Chief of Engineers dated September 15,

12 2005, at a total cost of $362,260,000 with an esti13 mated Federal cost of $181,130,000 and an estimated

14 non-Federal cost of $181,130,000.

15 (15) EAST ST. LOUIS AND VICINITY, ILLINOIS.—

16 The project for ecosystem restoration and recreation,

17 East St. Louis and Vicinity, Illinois: Report of the

18 Chief of Engineers dated December 22, 2004, at a

19 total cost of $201,600,000, with an estimated Federal

20 cost of $130,600,000 and an estimated non-Federal

21 cost of $71,000,000.

22 (16) PEORIA RIVERFRONT, ILLINOIS.—The

23 project for ecosystem restoration, Peoria Riverfront,

24 Illinois: Report of the Chief of Engineers dated July

25 28, 2003, at a total cost of $17,760,000, with an esti-
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1 mated Federal cost of $11,540,000 and an estimated

2 non-Federal cost of $6,220,000.

3 (17) DES MOINES AND RACCOON RIVERS, DES

4 MOINES, IOWA.—The project for flood damage reduc5 tion, Des Moines and Raccoon Rivers, Des Moines,

6 Iowa: Report of the Chief of Engineers dated March

7 28, 2006, at a total cost of $10,500,000, with an esti8 mated Federal cost of $6,800,000 and an estimated

9 non-Federal cost of $3,700,000.

10 (18) BAYOU SORREL LOCK, LOUISIANA.—The

11 project for navigation, Bayou Sorrel Lock, Louisiana:

12 Report of the Chief of Engineers dated January 3,

13 2005, at a total cost of $9,500,000. The costs of construction of the project are to be paid 1 14 ⁄2 from

15 amounts appropriated from the general fund of the

Treasury and 1 16 ⁄2 from amounts appropriated from

17 the Inland Waterways Trust Fund.

18 (19) MORGANZA TO THE GULF OF MEXICO, LOU19 ISIANA.—

20 (A) IN GENERAL.—The project for hurricane

21 and storm damage reduction, Morganza to the

22 Gulf of Mexico, Louisiana: Reports of the Chief

23 of Engineers dated August 23, 2002, and July

24 22, 2003, at a total cost of $841,100,000 with an
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1 estimated Federal cost of $546,300,000 and an

2 estimated non-Federal cost of $294,800,000.

3 (B) OPERATION AND MAINTENANCE.—The

4 operation, maintenance, repair, rehabilitation,

5 and replacement of the Houma Navigation

6 Canal lock complex and the Gulf Intracoastal

7 Waterway floodgate features that provide for in8 land waterway transportation shall be a Federal

9 responsibility, in accordance with section 102 of

10 the Water Resources Development Act of 1986

11 (33 U.S.C. 2212; Public Law 99–662).

12 (20) POPLAR ISLAND EXPANSION, MARYLAND.—

13 The project for the beneficial use of dredged material

14 at Poplar Island, Maryland, authorized by section

15 537 of the Water Resources Development Act of 1996

16 (110 Stat. 3776), and modified by section 318 of the

17 Water Resources Development Act of 2000 (114 Stat.

18 2678), is further modified to authorize the Secretary

19 to construct the project in accordance with the Report

20 of the Chief of Engineers dated March 31, 2006, at a

21 total cost of $256,100,000, with an estimated Federal

22 cost of $192,100,000 and an estimated non-Federal

23 cost of $64,000,000.

24 (21) SMITH ISLAND, MARYLAND.—The project for

25 ecosystem restoration, Smith Island, Maryland: Re-
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1 port of the Chief of Engineers dated October 29, 2001,

2 at a total cost of $14,500,000, with an estimated Fed3 eral cost of $9,425,000 and an estimated non-Federal

4 cost of $5,075,000.

5 (22) SWOPE PARK INDUSTRIAL AREA, MIS6 SOURI.—The project for flood damage reduction,

7 Swope Park Industrial Area, Missouri: Report of the

8 Chief of Engineers dated December 30, 2003, at a

9 total cost of $16,900,000, with an estimated Federal

10 cost of $10,990,000 and an estimated non-Federal cost

11 of $5,910,000.

12 (23) MANASQUAN TO BARNEGAT INLETS, NEW

13 JERSEY.—The project for hurricane and storm dam14 age reduction, Manasquan to Barnegat Inlets, New

15 Jersey: Report of the Chief of Engineers dated Decem16 ber 30, 2003, at a total cost of $70,340,000, with an

17 estimated Federal cost of $45,720,000 and an esti18 mated non-Federal cost of $24,620,000, and at an es19 timated total cost of $117,100,000 for periodic beach

20 nourishment over the 50-year life of the project, with

21 an estimated Federal cost of $58,550,000 and an esti22 mated non-Federal cost of $58,550,000.

23 (24) RARITAN BAY AND SANDY HOOK BAY, UNION

24 BEACH, NEW JERSEY.—The project for hurricane and

25 storm damage reduction, Raritan Bay and Sandy
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1 Hook Bay, Union Beach, New Jersey: Report of the

2 Chief of Engineers dated January 4, 2006, at a total

3 cost of $112,640,000, with an estimated Federal cost

4 of $73,220,600 and an estimated non-Federal cost of

5 $39,420,000, and at an estimated total cost of

6 $6,400,000 for periodic nourishment over the 50-year

7 life of the project, with an estimated Federal cost of

8 $2,300,000 and an estimated non-Federal cost of

9 $4,100,000.

10 (25) SOUTH RIVER, NEW JERSEY.—The project

11 for hurricane and storm damage reduction and eco12 system restoration, South River, New Jersey: Report

13 of the Chief of Engineers dated July 22, 2003, at a

14 total cost of $120,810,000, with an estimated Federal

15 cost of $78,530,000 and an estimated non-Federal cost

16 of $42,280,000.

17 (26) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

18 MEXICO.—The project for flood damage reduction,

19 Southwest Valley, Albuquerque, New Mexico: Report

20 of the Chief of Engineers dated November 29, 2004, at

21 a total cost of $24,000,000, with an estimated Federal

22 cost of $15,600,000 and an estimated non-Federal cost

23 of $8,400,000.

24 (27) MONTAUK POINT, NEW YORK.—The project

25 for hurricane and storm damage reduction, Montauk
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1 Point, New York: Report of the Chief of Engineers

2 dated March 31, 2006, at a total cost of $14,070,000,

3 with an estimated Federal cost of $7,035,000 and an

4 estimated non-Federal cost of $7,035,000.

5 (28) BLOOMSBURG, PENNSYLVANIA.—The project

6 for flood damage reduction, Bloomsburg, Pennsyl7 vania: Report of the Chief of Engineers dated Janu8 ary 25, 2006, at a total cost of $43,300,000, with an

9 estimated Federal cost of $28,150,000 and an esti10 mated non-Federal cost of $15,150,000.

11 (29) CORPUS CHRISTI SHIP CHANNEL, CORPUS

12 CHRISTI, TEXAS.—

13 (A) IN GENERAL.—The project for naviga14 tion and ecosystem restoration, Corpus Christi

15 Ship Channel, Texas, Channel Improvement

16 Project: Report of the Chief of Engineers dated

17 June 2, 2003, at a total cost of $188,110,000,

18 with an estimated Federal cost of $87,810,000

19 and an estimated non-Federal cost of

20 $100,300,000.

21 (B) NAVIGATIONAL SERVITUDE.—In car22 rying out the project under subparagraph (A),

23 the Secretary shall enforce navigational servitude

24 in the Corpus Christi Ship Channel, including,

25 at the sole expense of the owner of the facility,
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1 the removal or relocation of any facility obstruct2 ing the project.

3 (30) GULF INTRACOASTAL WATERWAY, BRAZOS

4 RIVER TO PORT O’CONNOR, MATAGORDA BAY RE5 ROUTE, TEXAS.—The project for navigation, Gulf In6 tracoastal Waterway, Brazos River to Port O’Connor,

7 Matagorda Bay Re-Route, Texas: Report of the Chief

8 of Engineers dated December 24, 2002, at a total cost

9 of $17,280,000. The costs of construction of the project

are to be paid 1 10 ⁄2 from amounts appropriated from

the general fund of the Treasury and 1 11 ⁄2 from

12 amounts appropriated from the Inland Waterways

13 Trust Fund.

14 (31) GULF INTRACOASTAL WATERWAY, HIGH IS15 LAND TO BRAZOS RIVER, TEXAS.—The project for

16 navigation, Gulf Intracoastal Waterway, Sabine

17 River to Corpus Christi, Texas: Report of the Chief of

18 Engineers dated April 16, 2004, at a total cost of

19 $14,450,000. The costs of construction of the project

are to be paid 1 20 ⁄2 from amounts appropriated from

the general fund of the Treasury and 1 21 ⁄2 from

22 amounts appropriated from the Inland Waterways

23 Trust Fund.

24 (32) RIVERSIDE OXBOW, FORT WORTH, TEXAS.—

25 The project for ecosystem restoration, Riverside
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1 Oxbow, Fort Worth, Texas: Report of the Chief of En2 gineers dated May 29, 2003, at a total cost of

3 $27,330,000, with an estimated Federal cost of

4 $11,320,000 and an estimated non-Federal cost of

5 $16,010,000.

6 (33) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The

7 project for the Atlantic Intracoastal Waterway Bridge

8 Replacement, Deep Creek, Chesapeake, Virginia: Re9 port of the Chief of Engineers dated March 3, 2003,

10 at a total cost of $37,200,000.

11 (34) CHEHALIS RIVER, CENTRALIA, WASH12 INGTON.—The project for flood damage reduction,

13 Centralia, Washington, authorized by section 401(a)

14 of the Water Resources Development Act of 1986

15 (Public Law 99–662; 100 Stat. 4126)—

16 (A) is modified to be carried out at a total

17 cost of $121,100,000, with a Federal cost of

18 $73,220,000, and a non-Federal cost of

19 $47,880,000; and

20 (B) shall be carried out by the Secretary

21 substantially in accordance with the plans, and

22 subject to the conditions, recommended in the

23 final report of the Chief of Engineers dated Sep24 tember 27, 2004.
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1 (b) PROJECTS SUBJECT TO FINAL REPORT.—The fol2 lowing projects for water resources development and con3 servation and other purposes are authorized to be carried

4 out by the Secretary substantially in accordance with the

5 plans, and subject to the conditions, recommended in a final

6 report of the Chief of Engineers if a favorable report of the

7 Chief is completed not later than December 31, 2006:

8 (1) WOOD RIVER LEVEE SYSTEM, ILLINOIS.—The

9 project for flood damage reduction, Wood River, Illi10 nois, authorized by the Act of June 28, 1938 (52 Stat.

11 1215, chapter 795), is modified to authorize construc12 tion of the project at a total cost of $16,730,000, with

13 an estimated Federal cost of $10,900,000 and an esti14 mated non-Federal cost of $5,830,000.

15 (2) LICKING RIVER, CYNTHIANA, KENTUCKY.—

16 The project for flood damage reduction, Licking

17 River, Cynthiana, Kentucky, at a total cost of

18 $17,800,000, with an estimated Federal cost of

19 $11,570,000 and an estimated non-Federal cost of

20 $6,230,000.

21 (3) PORT OF IBERIA, LOUISIANA.—The project

22 for navigation, Port of Iberia, Louisiana, at a total

23 cost of $204,600,000, with an estimated Federal cost

24 of $129,700,000 and an estimated non-Federal cost of

25 $74,900,000, except that the Secretary, in consulta-
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1 tion with Vermillion and Iberia Parishes, Louisiana,

2 is directed to use available dredged material and rock

3 placement on the south bank of the Gulf Intracoastal

4 Waterway and the west bank of the Freshwater Bayou

5 Channel to provide incidental storm surge protection.

6 (4) HUDSON-RARITAN ESTUARY, LIBERTY STATE

7 PARK, NEW JERSEY.—The project for ecosystem res8 toration, Hudson-Raritan Estuary, Liberty State

9 Park, New Jersey, at a total cost of $33,050,000, with

10 an estimated Federal cost of $21,480,000 and an esti11 mated non-Federal cost of $11,570,000.

12 (5) JAMAICA BAY, MARINE PARK AND PLUMB

13 BEACH, QUEENS AND BROOKLYN, NEW YORK.—The

14 project for ecosystem restoration, Jamaica Bay,

15 Queens and Brooklyn, New York, at a total estimated

16 cost of $204,159,000, with an estimated Federal cost

17 of $132,703,000 and an estimated non-Federal cost of

18 $71,456,000.

19 (6) HOCKING RIVER BASIN, MONDAY CREEK,

20 OHIO.—The project for ecosystem restoration, Hocking

21 River Basin, Monday Creek, Ohio, at a total cost of

22 $18,730,000, with an estimated Federal cost of

23 $12,170,000 and an estimated non-Federal cost of

24 $6,560,000.
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1 (7) PAWLEY’S ISLAND, SOUTH CAROLINA.—The

2 project for hurricane and storm damage reduction,

3 Pawley’s Island, South Carolina, at a total cost of

4 $8,980,000, with an estimated Federal cost of

5 $4,040,000 and an estimated non-Federal cost of

6 $4,940,000, and at an estimated total cost of

7 $21,200,000 for periodic nourishment over the 50-year

8 life of the project, with an estimated Federal cost of

9 $7,632,000 and an estimated non-Federal cost of

10 $13,568,000.

11 (8) CRANEY ISLAND EASTWARD EXPANSION, VIR12 GINIA.—The project for navigation, Craney Island

13 Eastward Expansion, Virginia, at a total cost of

14 $671,340,000, with an estimated Federal cost of

15 $26,220,000 and an estimated non-Federal cost of

16 $645,120,000.

17 SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVE18 MENTS AND ECOSYSTEM RESTORATION PLAN

19 FOR THE UPPER MISSISSIPPI RIVER AND IL20 LINOIS WATERWAY SYSTEM.

21 (a) DEFINITIONS.—In this section:

22 (1) PLAN.—The term ‘‘Plan’’ means the project

23 for navigation and ecosystem improvements for the

24 Upper Mississippi River and Illinois Waterway Sys-
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1 tem: Report of the Chief of Engineers dated December

2 15, 2004.

3 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA4 TERWAY SYSTEM.—The term ‘‘Upper Mississippi

5 River and Illinois Waterway System’’ means the

6 projects for navigation and ecosystem restoration au7 thorized by Congress for—

8 (A) the segment of the Mississippi River

9 from the confluence with the Ohio River, River

10 Mile 0.0, to Upper St. Anthony Falls Lock in

11 Minneapolis-St. Paul, Minnesota, River Mile

12 854.0; and

13 (B) the Illinois Waterway from its con14 fluence with the Mississippi River at Grafton, Il15 linois, River Mile 0.0, to T.J. O’Brien Lock in

16 Chicago, Illinois, River Mile 327.0.

17 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA18 TION IMPROVEMENTS.—

19 (1) SMALL SCALE AND NONSTRUCTURAL MEAS20 URES.—

21 (A) IN GENERAL.—The Secretary shall, in

22 general conformance with the Plan—

23 (i) construct mooring facilities at

24 Locks 12, 14, 18, 20, 22, 24, and LaGrange

25 Lock;
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1 (ii) provide switchboats at Locks 20

2 through 25; and

3 (iii) conduct development and testing

4 of an appointment scheduling system.

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.—The total cost of the projects authorized

7 under this paragraph shall be $246,000,000. The

8 costs of construction of the projects shall be paid

1 9 ⁄2 from amounts appropriated from the general

fund of the Treasury and 1 10 ⁄2 from amounts ap11 propriated from the Inland Waterways Trust

12 Fund. Such sums shall remain available until

13 expended.

14 (2) NEW LOCKS.—

15 (A) IN GENERAL.—The Secretary shall, in

16 general conformance with the Plan, construct

17 new 1,200-foot locks at Locks 20, 21, 22, 24, and

18 25 on the Upper Mississippi River and at La19 Grange Lock and Peoria Lock on the Illinois

20 Waterway.

21 (B) MITIGATION.—The Secretary shall con22 duct mitigation for the new locks and small scale

23 and nonstructural measures authorized under

24 paragraphs (1) and (2).
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1 (C) CONCURRENCE.—The mitigation re2 quired under subparagraph (B) for the projects

3 authorized under paragraphs (1) and (2), in4 cluding any acquisition of lands or interests in

5 lands, shall be undertaken or acquired concur6 rently with lands and interests for the projects

7 authorized under paragraphs (1) and (2), and

8 physical construction required for the purposes of

9 mitigation shall be undertaken concurrently with

10 the physical construction of such projects.

11 (D) AUTHORIZATION OF APPROPRIA12 TIONS.—The total cost of the projects authorized

13 under this paragraph shall be $1,870,000,000.

14 The costs of construction on the projects shall be

paid 1 15 ⁄2 from amounts appropriated from the

general fund of the Treasury and 1 16 ⁄2 from

17 amounts appropriated from the Inland Water18 ways Trust Fund. Such sums shall remain

19 available until expended.

20 (c) ECOSYSTEM RESTORATION AUTHORIZATION.—

21 (1) OPERATION.—To ensure the environmental

22 sustainability of the existing Upper Mississippi River

23 and Illinois Waterway System, the Secretary shall

24 modify, consistent with requirements to avoid adverse

25 effects on navigation, the operation of the Upper Mis-
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HR 2864 EAS

1 sissippi River and Illinois Waterway System to ad2 dress the cumulative environmental impacts of oper3 ation of the system and improve the ecological integ4 rity of the Upper Mississippi River and Illinois

5 River.

6 (2) ECOSYSTEM RESTORATION PROJECTS.—

7 (A) IN GENERAL.—The Secretary shall

8 carry out, consistent with requirements to avoid

9 adverse effects on navigation, ecosystem restora10 tion projects to attain and maintain the sustain11 ability of the ecosystem of the Upper Mississippi

12 River and Illinois River in accordance with the

13 general framework outlined in the Plan.

14 (B) PROJECTS INCLUDED.—Ecosystem res15 toration projects may include, but are not lim16 ited to—

17 (i) island building;

18 (ii) construction of fish passages;

19 (iii) floodplain restoration;

20 (iv) water level management (includ21 ing water drawdown);

22 (v) backwater restoration;

23 (vi) side channel restoration;

24 (vii) wing dam and dike restoration

25 and modification;
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1 (viii) island and shoreline protection;

2 (ix) topographical diversity;

3 (x) dam point control;

4 (xi) use of dredged material for envi5 ronmental purposes;

6 (xii) tributary confluence restoration;

7 (xiii) spillway, dam, and levee modi8 fication to benefit the environment;

9 (xiv) land easement authority; and

10 (xv) land acquisition.

11 (C) COST SHARING.—

12 (i) IN GENERAL.—Except as provided

13 in clauses (ii) and (iii), the Federal share

14 of the cost of carrying out an ecosystem res15 toration project under this paragraph shall

16 be 65 percent.

17 (ii) EXCEPTION FOR CERTAIN RES18 TORATION PROJECTS.—In the case of a

19 project under this subparagraph for eco20 system restoration, the Federal share of the

21 cost of carrying out the project shall be 100

22 percent if the project—

23 (I) is located below the ordinary

24 high water mark or in a connected

25 backwater;
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1 (II) modifies the operation or

2 structures for navigation; or

3 (III) is located on federally owned

4 land.

5 (iii) SAVINGS CLAUSE.—Nothing in

6 this paragraph affects the applicability of

7 section 906(e) of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2283).

9 (iv) NONGOVERNMENTAL ORGANIZA10 TIONS.—Notwithstanding section 221(b) of

11 the Flood Control Act of 1970 (42 U.S.C.

12 1962d–5(b)), for any project carried out

13 under this section, a non-Federal sponsor

14 may include a nonprofit entity, with the

15 consent of the affected local government.

16 (D) LAND ACQUISITION.—The Secretary

17 may acquire land or an interest in land for an

18 ecosystem restoration project from a willing

19 owner through conveyance of—

20 (i) fee title to the land; or

21 (ii) a flood plain conservation ease22 ment.

23 (3) ECOSYSTEM RESTORATION

24 PRECONSTRUCTION ENGINEERING AND DESIGN.—
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1 (A) RESTORATION DESIGN.—Before initi2 ating the construction of any individual eco3 system restoration project, the Secretary shall—

4 (i) establish ecosystem restoration goals

5 and identify specific performance measures

6 designed to demonstrate ecosystem restora7 tion;

8 (ii) establish the without-project condi9 tion or baseline for each performance indi10 cator; and

11 (iii) for each separable element of the

12 ecosystem restoration, identify specific tar13 get goals for each performance indicator.

14 (B) OUTCOMES.—Performance measures

15 identified under subparagraph (A)(i) should

16 comprise specific measurable environmental out17 comes, such as changes in water quality, hydrol18 ogy, or the well-being of indicator species the

19 population and distribution of which are rep20 resentative of the abundance and diversity of eco21 system-dependent aquatic and terrestrial species.

22 (C) RESTORATION DESIGN.—Restoration de23 sign carried out as part of ecosystem restoration

24 shall include a monitoring plan for the perform-
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1 ance measures identified under subparagraph

2 (A)(i), including—

3 (i) a timeline to achieve the identified

4 target goals; and

5 (ii) a timeline for the demonstration of

6 project completion.

7 (4) SPECIFIC PROJECTS AUTHORIZATION.—

8 (A) IN GENERAL.—There is authorized to be

9 appropriated to carry out this subsection

10 $1,650,000,000, of which not more than

11 $226,000,000 shall be available for projects de12 scribed in paragraph (2)(B)(ii) and not more

13 than $43,000,000 shall be available for projects

14 described in paragraph (2)(B)(x). Such sums

15 shall remain available until expended.

16 (B) LIMITATION ON AVAILABLE FUNDS.—Of

17 the amounts made available under subparagraph

18 (A), not more than $35,000,000 for each fiscal

19 year shall be available for land acquisition

20 under paragraph (2)(D).

21 (C) INDIVIDUAL PROJECT LIMIT.—Other

22 than for projects described in clauses (ii) and (x)

23 of paragraph (2)(B), the total cost of any single

24 project carried out under this subsection shall

25 not exceed $25,000,000.
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1 (5) IMPLEMENTATION REPORTS.—

2 (A) IN GENERAL.—Not later than June 30,

3 2008, and every 5 years thereafter, the Secretary

4 shall submit to the Committee on Environment

5 and Public Works of the Senate and the Com6 mittee on Transportation and Infrastructure of

7 the House of Representatives an implementation

8 report that—

9 (i) includes baselines, milestones, goals,

10 and priorities for ecosystem restoration

11 projects; and

12 (ii) measures the progress in meeting

13 the goals.

14 (B) ADVISORY PANEL.—

15 (i) IN GENERAL.—The Secretary shall

16 appoint and convene an advisory panel to

17 provide independent guidance in the devel18 opment of each implementation report

19 under subparagraph (A).

20 (ii) PANEL MEMBERS.—Panel members

21 shall include—

22 (I) 1 representative of each of the

23 State resource agencies (or a designee

24 of the Governor of the State) from each
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1 of the States of Illinois, Iowa, Min2 nesota, Missouri, and Wisconsin;

3 (II) 1 representative of the De4 partment of Agriculture;

5 (III) 1 representative of the De6 partment of Transportation;

7 (IV) 1 representative of the

8 United States Geological Survey;

9 (V) 1 representative of the United

10 States Fish and Wildlife Service;

11 (VI) 1 representative of the Envi12 ronmental Protection Agency;

13 (VII) 1 representative of affected

14 landowners;

15 (VIII) 2 representatives of con16 servation and environmental advocacy

17 groups; and

18 (IX) 2 representatives of agri19 culture and industry advocacy groups.

20 (iii) CHAIRPERSON.—The Secretary

21 shall serve as chairperson of the advisory

22 panel.

23 (iv) NONAPPLICABILITY OF FACA.—The

24 Federal Advisory Committee Act (5 U.S.C.

25 App.) shall not apply to the Advisory Panel
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1 or any working group established by the

2 Advisory Panel.

3 (6) RANKING SYSTEM.—

4 (A) IN GENERAL.—The Secretary, in con5 sultation with the Advisory Panel, shall develop

6 a system to rank proposed projects.

7 (B) PRIORITY.—The ranking system shall

8 give greater weight to projects that restore nat9 ural river processes, including those projects list10 ed in paragraph (2)(B).

11 (d) COMPARABLE PROGRESS.—

12 (1) IN GENERAL.—As the Secretary conducts

13 pre-engineering, design, and construction for projects

14 authorized under this section, the Secretary shall—

15 (A) select appropriate milestones; and

16 (B) determine, at the time of such selection,

17 whether the projects are being carried out at

18 comparable rates.

19 (2) NO COMPARABLE RATE.—If the Secretary de20 termines under paragraph (1)(B) that projects au21 thorized under this subsection are not moving toward

22 completion at a comparable rate, annual funding re23 quests for the projects will be adjusted to ensure that

24 the projects move toward completion at a comparable

25 rate in the future.
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HR 2864 EAS

1 SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RES2 TORATION, LOUISIANA.

3 (a) IN GENERAL.—The Secretary may carry out a

4 program for ecosystem restoration, Louisiana Coastal Area,

5 Louisiana, substantially in accordance with the report of

6 the Chief of Engineers, dated January 31, 2005.

7 (b) PRIORITIES.—

8 (1) IN GENERAL.—In carrying out the program

9 under subsection (a), the Secretary shall give priority

10 to—

11 (A) any portion of the program identified

12 in the report described in subsection (a) as a

13 critical restoration feature;

14 (B) any Mississippi River diversion project

15 that—

16 (i) protects a major population area of

17 the Pontchartain, Pearl, Breton Sound,

18 Barataria, or Terrebonne Basin; and

19 (ii) produces an environmental benefit

20 to the coastal area of the State of Lou21 isiana; and

22 (C) any barrier island, or barrier shoreline,

23 project that—

24 (i) is carried out in conjunction with

25 a Mississippi River diversion project; and

26 (ii) protects a major population area.
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HR 2864 EAS

1 (c) MODIFICATIONS.—

2 (1) IN GENERAL.—In carrying out the program

3 under subsection (a), the Secretary is authorized to

4 make modifications as necessary to the 5 near-term

5 critical ecosystem restoration features identified in

6 the report referred to in subsection (a), due to the im7 pact of Hurricanes Katrina and Rita on the project

8 areas.

9 (2) INTEGRATION.—The Secretary shall ensure

10 that the modifications under paragraph (1) are fully

11 integrated with the analysis and design of comprehen12 sive hurricane protection authorized by title I of the

13 Energy and Water Development Appropriations Act,

14 2006 (Public Law 109–103; 119 Stat. 2247).

15 (3) CONSTRUCTION.—

16 (A) IN GENERAL.—The Secretary is author17 ized to construct the projects modified under this

18 subsection.

19 (B) REPORTS.—

20 (i) IN GENERAL.—Before beginning

21 construction of the projects, the Secretary

22 shall submit a report documenting any

23 modifications to the 5 near-term projects,

24 including cost changes, to the Louisiana

25 Water Resources Council established by sub-
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HR 2864 EAS

1 section (n)(1) (referred to in this section as

2 the ‘‘Council’’) for approval.

3 (ii) SUBMISSION TO CONGRESS.—On

4 approval of a report under clause (i), the

5 Council shall submit the report to the Com6 mittee on Environment and Public Works of

7 the Senate and the Committee on Transpor8 tation and Infrastructure of the House of

9 Representatives.

10 (4) APPLICABILITY OF OTHER PROVISIONS.—Sec11 tion 902 of the Water Resources Development Act of

12 1986 (33 U.S.C. 2280) shall not apply to the 5 near13 term projects authorized by this section.

14 (d) DEMONSTRATION PROGRAM.—

15 (1) IN GENERAL.—In carrying out the program

16 under subsection (a), the Secretary is authorized to

17 conduct a demonstration program within the applica18 ble project area to evaluate new technologies and the

19 applicability of the technologies to the program.

20 (2) COST LIMITATION.—The cost of an indi21 vidual project under this subsection shall be not more

22 than $25,000,000.

23 (e) BENEFICIAL USE OF DREDGED MATERIAL.—

24 (1) IN GENERAL.—In carrying out the program

25 under subsection (a), the Secretary is authorized to
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1 use such sums as are necessary to conduct a program

2 for the beneficial use of dredged material.

3 (2) CONSIDERATION.—In carrying out the pro4 gram under subsection (a), the Secretary shall con5 sider the beneficial use of sediment from the Illinois

6 River System for wetlands restoration in wetlands-de7 pleted watersheds.

8 (f) REPORTS.—

9 (1) IN GENERAL.—Not later than December 31,

10 2008, the Secretary shall submit to Congress feasi11 bility reports on the features included in table 3 of the

12 report referred to in subsection (a).

13 (2) PROJECTS IDENTIFIED IN REPORTS.—

14 (A) IN GENERAL.—The Secretary shall sub15 mit the reports described in paragraph (1) to the

16 Committee on Environment and Public Works of

17 the Senate and the Committee on Transportation

18 and Infrastructure of the House of Representa19 tives.

20 (B) CONSTRUCTION.—The Secretary shall

21 be authorized to construct the projects identified

22 in the reports at the time the Committees re23 ferred to in subparagraph (A) each adopt a reso24 lution approving the project.
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1 (g) NONGOVERNMENTAL ORGANIZATIONS.—A non2 governmental organization shall be eligible to contribute all

3 or a portion of the non-Federal share of the cost of a project

4 under this section.

5 (h) COMPREHENSIVE PLAN.—

6 (1) IN GENERAL.—The Secretary, in coordina7 tion with the Governor of the State of Louisiana,

8 shall—

9 (A) develop a plan for protecting, pre10 serving, and restoring the coastal Louisiana eco11 system;

12 (B) not later than 1 year after the date of

13 enactment of this Act, and every 5 years there14 after, submit to Congress the plan, or an update

15 of the plan; and

16 (C) ensure that the plan is fully integrated

17 with the analysis and design of comprehensive

18 hurricane protection authorized by title I of the

19 Energy and Water Development Appropriations

20 Act, 2006 (Public Law 109–103; 119 Stat.

21 2247).

22 (2) INCLUSIONS.—The comprehensive plan shall

23 include a description of—

24 (A) the framework of a long-term program

25 that provides for the comprehensive protection,
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1 conservation, and restoration of the wetlands, es2 tuaries (including the Barataria-Terrebonne es3 tuary), barrier islands, shorelines, and related

4 land and features of the coastal Louisiana eco5 system, including protection of a critical re6 source, habitat, or infrastructure from the effects

7 of a coastal storm, a hurricane, erosion, or sub8 sidence;

9 (B) the means by which a new technology,

10 or an improved technique, can be integrated into

11 the program under subsection (a);

12 (C) the role of other Federal agencies and

13 programs in carrying out the program under

14 subsection (a); and

15 (D) specific, measurable ecological success

16 criteria by which success of the comprehensive

17 plan shall be measured.

18 (3) CONSIDERATION.—In developing the com19 prehensive plan, the Secretary shall consider the ad20 visability of integrating into the program under sub21 section (a)—

22 (A) a related Federal or State project car23 ried out on the date on which the plan is devel24 oped;
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1 (B) an activity in the Louisiana Coastal

2 Area; or

3 (C) any other project or activity identified

4 in—

5 (i) the Mississippi River and Tribu6 taries program;

7 (ii) the Louisiana Coastal Wetlands

8 Conservation Plan;

9 (iii) the Louisiana Coastal Zone Man10 agement Plan; or

11 (iv) the plan of the State of Louisiana

12 entitled ‘‘Coast 2050: Toward a Sustainable

13 Coastal Louisiana’’.

14 (i) TASK FORCE.—

15 (1) ESTABLISHMENT.—There is established a

16 task force to be known as the ‘‘Coastal Louisiana Eco17 system Protection and Restoration Task Force’’ (re18 ferred to in this subsection as the ‘‘Task Force’’).

19 (2) MEMBERSHIP.—The Task Force shall consist

20 of the following members (or, in the case of the head

21 of a Federal agency, a designee at the level of Assist22 ant Secretary or an equivalent level):

23 (A) The Secretary.

24 (B) The Secretary of the Interior.

25 (C) The Secretary of Commerce.
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1 (D) The Administrator of the Environ2 mental Protection Agency.

3 (E) The Secretary of Agriculture.

4 (F) The Secretary of Transportation.

5 (G) The Secretary of Energy.

6 (H) The Secretary of Homeland Security.

7 (I) 3 representatives of the State of Lou8 isiana appointed by the Governor of that State.

9 (3) DUTIES.—The Task Force shall make rec10 ommendations to the Secretary regarding—

11 (A) policies, strategies, plans, programs,

12 projects, and activities for addressing conserva13 tion, protection, restoration, and maintenance of

14 the coastal Louisiana ecosystem;

15 (B) financial participation by each agency

16 represented on the Task Force in conserving, pro17 tecting, restoring, and maintaining the coastal

18 Louisiana ecosystem, including

19 recommendations—

20 (i) that identify funds from current

21 agency missions and budgets; and

22 (ii) for coordinating individual agency

23 budget requests; and

24 (C) the comprehensive plan under sub25 section (h).
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1 (4) WORKING GROUPS.—The Task Force may es2 tablish such working groups as the Task Force deter3 mines to be necessary to assist the Task Force in car4 rying out this subsection.

5 (5) NONAPPLICABILITY OF FACA.—The Federal

6 Advisory Committee Act (5 U.S.C. App.) shall not

7 apply to the Task Force or any working group of the

8 Task Force.

9 (j) SCIENCE AND TECHNOLOGY.—

10 (1) IN GENERAL.—The Secretary shall establish

11 a coastal Louisiana ecosystem science and technology

12 program.

13 (2) PURPOSES.—The purposes of the program es14 tablished by paragraph (1) shall be—

15 (A) to identify any uncertainty relating to

16 the physical, chemical, geological, biological, and

17 cultural baseline conditions in coastal Lou18 isiana;

19 (B) to improve knowledge of the physical,

20 chemical, geological, biological, and cultural

21 baseline conditions in coastal Louisiana; and

22 (C) to identify and develop technologies,

23 models, and methods to carry out this subsection.

24 (3) WORKING GROUPS.—The Secretary may es25 tablish such working groups as the Secretary deter-
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1 mines to be necessary to assist the Secretary in car2 rying out this subsection.

3 (4) CONTRACTS AND COOPERATIVE AGREE4 MENTS.—In carrying out this subsection, the Sec5 retary may enter into a contract or cooperative agree6 ment with an individual or entity (including a con7 sortium of academic institutions in Louisiana) with

8 scientific or engineering expertise in the restoration of

9 aquatic and marine ecosystems for coastal restoration

10 and enhancement through science and technology.

11 (k) ANALYSIS OF BENEFITS.—

12 (1) IN GENERAL.—Notwithstanding section 209

13 of the Flood Control Act of 1970 (42 U.S.C. 1962–2)

14 or any other provision of law, in carrying out an ac15 tivity to conserve, protect, restore, or maintain the

16 coastal Louisiana ecosystem, the Secretary may deter17 mine that the environmental benefits provided by the

18 program under this section outweigh the disadvantage

19 of an activity under this section.

20 (2) DETERMINATION OF COST-EFFECTIVENESS.—

21 If the Secretary determines that an activity under

22 this section is cost-effective, no further economic jus23 tification for the activity shall be required.

24 (l) STUDIES.—
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1 (1) DEGRADATION.—Not later than 180 days

2 after the date of enactment of this Act, the Secretary,

3 in consultation with the non-Federal interest, shall

4 enter into a contract with the National Academy of

5 Sciences under which the National Academy of

6 Sciences shall carry out a study to identify—

7 (A) the cause of any degradation of the

8 Louisiana Coastal Area ecosystem that occurred

9 as a result of an activity approved by the Sec10 retary; and

11 (B) the sources of the degradation.

12 (2) FINANCING.—On completion, and taking into

13 account the results, of the study conducted under

14 paragraph (1), the Secretary, in consultation with the

15 non-Federal interest, shall study—

16 (A) financing alternatives for the program

17 under subsection (a); and

18 (B) potential reductions in the expenditure

19 of Federal funds in emergency responses that

20 would occur as a result of ecosystem restoration

21 in the Louisiana Coastal Area.

22 (m) PROJECT MODIFICATIONS.—

23 (1) REVIEW.—The Secretary, in cooperation

24 with any non-Federal interest, shall review each fed25 erally-authorized water resources project in the coast-
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1 al Louisiana area in existence on the date of enact2 ment of this Act to determine whether—

3 (A) each project is in accordance with the

4 program under subsection (a); and

5 (B) the project could contribute to ecosystem

6 restoration under subsection (a) through modi7 fication of the operations or features of the

8 project.

9 (2) MODIFICATIONS.—Subject to paragraphs (3)

10 and (4), the Secretary may carry out the modifica11 tions described in paragraph (1)(B).

12 (3) PUBLIC NOTICE AND COMMENT.—Before com13 pleting the report required under paragraph (4), the

14 Secretary shall provide an opportunity for public no15 tice and comment.

16 (4) REPORT.—

17 (A) IN GENERAL.—Before modifying an op18 eration or feature of a project under paragraph

19 (1)(B), the Secretary shall submit to the Com20 mittee on Environment and Public Works of the

21 Senate and the Committee on Transportation

22 and Infrastructure of the House of Representa23 tives a report describing the modification.

24 (B) INCLUSION.—A report under subpara25 graph (A) shall include such information relat-
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1 ing to the timeline and cost of a modification as

2 the Secretary determines to be relevant.

3 (5) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated to carry out

5 this subsection $10,000,000.

6 (n) LOUISIANA WATER RESOURCES COUNCIL.—

7 (1) ESTABLISHMENT.—There is established with8 in the Mississippi River Commission, a subgroup to

9 be known as the ‘‘Louisiana Water Resources Coun10 cil’’.

11 (2) PURPOSES.—The purposes of the Council

12 are—

13 (A) to manage and oversee each aspect of

14 the implementation of a system-wide, comprehen15 sive plan for projects of the Corps of Engineers

16 (including the study, planning, engineering, de17 sign, and construction of the projects or compo18 nents of projects and the functions or activities

19 of the Corps of Engineers relating to other

20 projects) that addresses hurricane protection,

21 flood control, ecosystem restoration, storm surge

22 damage reduction, or navigation in the Hurri23 canes Katrina and Rita disaster areas in the

24 State of Louisiana; and
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1 (B) to demonstrate and evaluate a stream2 lined approach to authorization of water re3 sources projects to be studied, designed, and con4 structed by the Corps of Engineers.

5 (3) MEMBERSHIP.—

6 (A) IN GENERAL.—The president of the Mis7 sissippi River Commission shall appoint mem8 bers of the Council, after considering rec9 ommendations of the Governor of Louisiana.

10 (B) REQUIREMENTS.—The Council shall be

11 composed of—

12 (i) 2 individuals with expertise in

13 coastal ecosystem restoration, including the

14 interaction of saltwater and freshwater estu15 aries; and

16 (ii) 2 individual with expertise in geol17 ogy or civil engineering relating to hurri18 cane and flood damage reduction and navi19 gation.

20 (C) CHAIRPERSON.—In addition to the

21 members appointed under subparagraph (B), the

22 Council shall be chaired by 1 of the 3 officers of

23 the Corps of Engineers of the Mississippi River

24 Commission.
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1 (4) DUTIES.—With respect to modifications

2 under subsection (c), the Council shall—

3 (A) review and approve or disapprove the

4 reports completed by the Secretary; and

5 (B) on approval, submit the reports to the

6 Committee on Environment and Public Works of

7 the Senate and the Committee on Transportation

8 and Infrastructure of the House of Representa9 tives.

10 (5) TERMINATION.—

11 (A) IN GENERAL.—The Council shall termi12 nate on the date that is 6 years after the date

13 of enactment of this Act.

14 (B) EFFECT.—Any project modification

15 under subsection (c) that has not been approved

16 by the Council and submitted to Congress by the

17 date described in subparagraph (A) shall not

18 proceed to construction before the date on which

19 the modification is statutorily approved by Con20 gress.

21 (o) OTHER PROJECTS.—

22 (1) IN GENERAL.—With respect to the projects

23 identified in the analysis and design of comprehensive

24 hurricane protection authorized by title I of the En25 ergy and Water Development Appropriations Act,
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1 2006 (Public Law 109–103; 119 Stat. 2247), the Sec2 retary shall submit a report describing the projects to

3 the Committee on Environment and Public Works of

4 the Senate and the Committee on Transportation and

5 Infrastructure of the House of Representatives.

6 (2) CONSTRUCTION.—The Secretary shall be au7 thorized to construct the projects at the time the Com8 mittees referred to in paragraph (1) each adopt a res9 olution approving the project.

10 (p) REPORT.—

11 (1) IN GENERAL.—Not later than 6 years after

12 the date of enactment of this Act, the Secretary shall

13 submit to the Committee on Environment and Public

14 Works of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representa16 tives a report evaluating the alternative means of au17 thorizing Corps of Engineers water resources projects

18 under subsections (c)(3), (f)(2), and (o)(2).

19 (2) INCLUSIONS.—The report shall include a de20 scription of—

21 (A) the projects authorized and undertaken

22 under this section;

23 (B) the construction status of the projects;

24 and
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1 (C) the benefits and environmental impacts

2 of the projects.

3 (3) EXTERNAL REVIEW.—The Secretary shall

4 enter into a contract with the National Academy of

5 Science to perform an external review of the dem6 onstration program under subsection (d), which shall

7 be submitted to the Committee on Environment and

8 Public Works of the Senate and the Committee on

9 Transportation and Infrastructure of the House of

10 Representatives.

11 SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUC12 TION.

13 The Secretary—

14 (1) shall conduct a study for flood damage reduc15 tion, Cache River Basin, Grubbs, Arkansas; and

16 (2) if the Secretary determines that the project is

17 feasible, may carry out the project under section 205

18 of the Flood Control Act of 1948 (33 U.S.C. 701s).

19 SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

20 The Secretary shall conduct a study for each of the

21 following projects and, if the Secretary determines that a

22 project is feasible, may carry out the project under section

23 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
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1 (1) LITTLE ROCK PORT, ARKANSAS.—Project for

2 navigation, Little Rock Port, Arkansas River, Arkan3 sas.

4 (2) AU SABLE RIVER, MICHIGAN.—Project for

5 navigation, Au Sable River in the vicinity of Oscoda,

6 Michigan.

7 (3) OUTER CHANNEL AND INNER HARBOR, ME8 NOMINEE HARBOR, MICHIGAN AND WISCONSIN.—

9 Project for navigation, Outer Channel and Inner

10 Harbor, Menominee Harbor, Michigan and Wis11 consin.

12 (4) MIDDLE BASS ISLAND STATE PARK, MIDDLE

13 BASS ISLAND, OHIO.—Project for navigation, Middle

14 Bass Island State Park, Middle Bass Island, Ohio.

15 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM

16 RESTORATION.

17 The Secretary shall conduct a study for each of the

18 following projects and, if the Secretary determines that a

19 project is appropriate, may carry out the project under sec20 tion 206 of the Water Resources Development Act of 1996

21 (33 U.S.C. 2330):

22 (1) SAN DIEGO RIVER, CALIFORNIA.—Project for

23 aquatic ecosystem restoration, San Diego River, Cali24 fornia, including efforts to address invasive aquatic

25 plant species.
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1 (2) SUISON MARSH, SAN PABLO BAY, CALI2 FORNIA.—Project for aquatic ecosystem restoration,

3 San Pablo Bay, California.

4 (3) JOHNSON CREEK, GRESHAM, OREGON.—

5 Project for aquatic ecosystem restoration, Johnson

6 Creek, Gresham, Oregon.

7 (4) BLACKSTONE RIVER, RHODE ISLAND.—

8 Project for aquatic ecosystem restoration, Blackstone

9 River, Rhode Island.

10 (5) COLLEGE LAKE, LYNCHBURG, VIRGINIA.—

11 Project for aquatic ecosystem restoration, College

12 Lake, Lynchburg, Virginia.

13 TITLE II—GENERAL PROVISIONS

14 Subtitle A—Provisions

15 SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

16 Section 221 of the Flood Control Act of 1970 (42

17 U.S.C. 1962d–5b) is amended—

18 (1) by striking ‘‘SEC. 221’’ and inserting the fol19 lowing:

20 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR

21 WATER RESOURCES PROJECTS.’’;

22 and

23 (2) by striking subsection (a) and inserting the

24 following:

25 ‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.—
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1 ‘‘(1) IN GENERAL.—After December 31, 1970, the

2 construction of any water resources project, or an ac3 ceptable separable element thereof, by the Secretary of

4 the Army, acting through the Chief of Engineers, or

5 by a non-Federal interest where such interest will be

6 reimbursed for such construction under any provision

7 of law, shall not be commenced until each non-Federal

8 interest has entered into a written partnership agree9 ment with the district engineer for the district in

10 which the project will be carried out under which each

11 party agrees to carry out its responsibilities and re12 quirements for implementation or construction of the

13 project or the appropriate element of the project, as

14 the case may be; except that no such agreement shall

15 be required if the Secretary determines that the ad16 ministrative costs associated with negotiating, exe17 cuting, or administering the agreement would exceed

18 the amount of the contribution required from the non19 Federal interest and are less than $25,000.

20 ‘‘(2) LIQUIDATED DAMAGES.—An agreement de21 scribed in paragraph (1) may include a provision for

22 liquidated damages in the event of a failure of 1 or

23 more parties to perform.

24 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA25 TIONS.—In any such agreement entered into by a
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1 State, or a body politic of the State which derives its

2 powers from the State constitution, or a governmental

3 entity created by the State legislature, the agreement

4 may reflect that it does not obligate future appropria5 tions for such performance and payment when obli6 gating future appropriations would be inconsistent

7 with constitutional or statutory limitations of the

8 State or a political subdivision of the State.

9 ‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.—

10 ‘‘(A) IN GENERAL.—An agreement under

11 paragraph (1) shall provide that the Secretary

12 shall credit toward the non-Federal share of the

13 cost of the project, including a project imple14 mented under general continuing authority, the

15 value of in-kind contributions made by the non16 Federal interest, including—

17 ‘‘(i) the costs of planning (including

18 data collection), design, management, miti19 gation, construction, and construction serv20 ices that are provided by the non-Federal

21 interest for implementation of the project;

22 and

23 ‘‘(ii) the value of materials or services

24 provided before execution of an agreement

25 for the project, including—
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1 ‘‘(I) efforts on constructed ele2 ments incorporated into the project;

3 and

4 ‘‘(II) materials and services pro5 vided after an agreement is executed.

6 ‘‘(B) CONDITION.—The Secretary shall cred7 it an in-kind contribution under subparagraph

8 (A) if the Secretary determines that the property

9 or service provided as an in-kind contribution is

10 integral to the project.

11 ‘‘(C) LIMITATIONS.—Credit authorized for a

12 project—

13 ‘‘(i) shall not exceed the non-Federal

14 share of the cost of the project;

15 ‘‘(ii) shall not alter any other require16 ment that a non-Federal interest provide

17 land, an easement or right-of-way, or an

18 area for disposal of dredged material for the

19 project; and

20 ‘‘(iii) shall not exceed the actual and

21 reasonable costs of the materials, services, or

22 other things provided by the non-Federal in23 terest, as determined by the Secretary.’’.
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1 SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT

2 AUTHORITY.

3 Section 234 of the Water Resources Development Act

4 of 1996 (33 U.S.C. 2323a) is amended—

5 (1) by striking subsection (a) and inserting the

6 following:

7 ‘‘(a) IN GENERAL.—The Secretary may engage in ac8 tivities (including contracting) in support of other Federal

9 agencies, international organizations, or foreign govern10 ments to address problems of national significance to the

11 United States.’’;

12 (2) in subsection (b), by striking ‘‘Secretary of

13 State’’ and inserting ‘‘Department of State’’; and

14 (3) in subsection (d)—

15 (A) by striking ‘‘$250,000 for fiscal year

16 2001’’ and inserting ‘‘$1,000,000 for fiscal year

17 2007 and each fiscal year thereafter’’; and

18 (B) by striking ‘‘or international organiza19 tions’’ and inserting ‘‘, international organiza20 tions, or foreign governments’’.

21 SEC. 2003. TRAINING FUNDS.

22 (a) IN GENERAL.—The Secretary may include indi23 viduals from the non-Federal interest, including the private

24 sector, in training classes and courses offered by the Corps

25 of Engineers in any case in which the Secretary determines
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1 that it is in the best interest of the Federal Government

2 to include those individuals as participants.

3 (b) EXPENSES.—

4 (1) IN GENERAL.—An individual from a non5 Federal interest attending a training class or course

6 described in subsection (a) shall pay the full cost of

7 the training provided to the individual.

8 (2) PAYMENTS.—Payments made by an indi9 vidual for training received under subsection (a), up

10 to the actual cost of the training—

11 (A) may be retained by the Secretary;

12 (B) shall be credited to an appropriation or

13 account used for paying training costs; and

14 (C) shall be available for use by the Sec15 retary, without further appropriation, for train16 ing purposes.

17 (3) EXCESS AMOUNTS.—Any payments received

18 under paragraph (2) that are in excess of the actual

19 cost of training provided shall be credited as miscella20 neous receipts to the Treasury of the United States.

21 SEC. 2004. FISCAL TRANSPARENCY REPORT.

22 (a) IN GENERAL.—On the third Tuesday of January

23 of each year beginning January 2008, the Chief of Engi24 neers shall submit to the Committee on Environment and

25 Public Works of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives

2 a report on the expenditures for the preceding fiscal year

3 and estimated expenditures for the current fiscal year.

4 (b) CONTENTS.—In addition to the information de5 scribed in subsection (a), the report shall contain a detailed

6 accounting of the following information:

7 (1) With respect to general construction, infor8 mation on—

9 (A) projects currently under construction,

10 including—

11 (i) allocations to date;

12 (ii) the number of years remaining to

13 complete construction;

14 (iii) the estimated annual Federal cost

15 to maintain that construction schedule; and

16 (iv) a list of projects the Corps of En17 gineers expects to complete during the cur18 rent fiscal year; and

19 (B) projects for which there is a signed cost20 sharing agreement and completed planning, en21 gineering, and design, including—

22 (i) the number of years the project is

23 expected to require for completion; and

24 (ii) estimated annual Federal cost to

25 maintain that construction schedule.
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1 (2) With respect to operation and maintenance

2 of the inland and intracoastal waterways under sec3 tion 206 of Public Law 95–502 (33 U.S.C. 1804)—

4 (A) the estimated annual cost to maintain

5 each waterway for the authorized reach and at

6 the authorized depth; and

7 (B) the estimated annual cost of operation

8 and maintenance of locks and dams to ensure

9 navigation without interruption.

10 (3) With respect to general investigations and re11 connaissance and feasibility studies—

12 (A) the number of active studies;

13 (B) the number of completed studies not yet

14 authorized for construction;

15 (C) the number of initiated studies; and

16 (D) the number of studies expected to be

17 completed during the fiscal year.

18 (4) Funding received and estimates of funds to

19 be received for interagency and international support

20 activities under section 318(a) of the Water Resources

21 Development Act of 1990 (33 U.S.C. 2323(a)).

22 (5) Recreation fees and lease payments.

23 (6) Hydropower and water storage fees.

24 (7) Deposits into the Inland Waterway Trust

25 Fund and the Harbor Maintenance Trust Fund.
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1 (8) Other revenues and fees collected.

2 (9) With respect to permit applications and no3 tifications, a list of individual permit applications

4 and nationwide permit notifications, including—

5 (A) the date on which each permit applica6 tion is filed;

7 (B) the date on which each permit applica8 tion is determined to be complete; and

9 (C) the date on which the Corps of Engi10 neers grants, withdraws, or denies each permit.

11 (10) With respect to the project backlog, a list of

12 authorized projects for which no funds have been allo13 cated for the 5 preceding fiscal years, including, for

14 each project—

15 (A) the authorization date;

16 (B) the last allocation date;

17 (C) the percentage of construction com18 pleted;

19 (D) the estimated cost remaining until com20 pletion of the project; and

21 (E) a brief explanation of the reasons for

22 the delay.
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1 SEC. 2005. PLANNING.

2 (a) MATTERS TO BE ADDRESSED IN PLANNING.—Sec3 tion 904 of the Water Resources Development Act of 1986

4 (33 U.S.C. 2281) is amended—

5 (1) by striking ‘‘Enhancing’’ and inserting the

6 following:

7 ‘‘(a) IN GENERAL.—Enhancing’’; and

8 (2) by adding at the end the following:

9 ‘‘(b) ASSESSMENTS.—For all feasibility reports com10 pleted after December 31, 2005, the Secretary shall assess

11 whether—

12 ‘‘(1) the water resource project and each sepa13 rable element is cost-effective; and

14 ‘‘(2) the water resource project complies with

15 Federal, State, and local laws (including regulations)

16 and public policies.’’.

17 (b) PLANNING PROCESS IMPROVEMENTS.—The Chief

18 of Engineers—

19 (1) shall, not later than 2 years after the date on

20 which the feasibility study cost sharing agreement is

21 signed for a project, subject to the availability of

22 appropriations—

23 (A) complete the feasibility study for the

24 project; and

25 (B) sign the report of the Chief of Engineers

26 for the project;
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1 (2) may, with the approval of the Secretary, ex2 tend the deadline established under paragraph (1) for

3 not to exceed 4 years, for a complex or controversial

4 study; and

5 (3)(A) shall adopt a risk analysis approach to

6 project cost estimates; and

7 (B) not later than 1 year after the date of enact8 ment of this Act, shall—

9 (i) issue procedures for risk analysis for cost

10 estimation; and

11 (ii) submit to Congress a report that in12 cludes suggested amendments to section 902 of

13 the Water Resources Development Act of 1986

14 (33 U.S.C. 2280).

15 (c) CALCULATION OF BENEFITS AND COSTS FOR

16 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility

17 study for a project for flood damage reduction shall include,

18 as part of the calculation of benefits and costs—

19 (1) a calculation of the residual risk of flooding

20 following completion of the proposed project;

21 (2) a calculation of the residual risk of loss of

22 human life and residual risk to human safety fol23 lowing completion of the proposed project; and

24 (3) a calculation of any upstream or down25 stream impacts of the proposed project.
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1 (d) CENTERS OF SPECIALIZED PLANNING EXPER2 TISE.—

3 (1) ESTABLISHMENT.—The Secretary may estab4 lish centers of expertise to provide specialized plan5 ning expertise for water resource projects to be carried

6 out by the Secretary in order to enhance and supple7 ment the capabilities of the districts of the Corps of

8 Engineers.

9 (2) DUTIES.—A center of expertise established

10 under this subsection shall—

11 (A) provide technical and managerial as12 sistance to district commanders of the Corps of

13 Engineers for project planning, development, and

14 implementation;

15 (B) provide peer reviews of new major sci16 entific, engineering, or economic methods, mod17 els, or analyses that will be used to support deci18 sions of the Secretary with respect to feasibility

19 studies;

20 (C) provide support for external peer review

21 panels convened by the Secretary; and

22 (D) carry out such other duties as are pre23 scribed by the Secretary.

24 (e) COMPLETION OF CORPS OF ENGINEERS RE25 PORTS.—
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1 (1) ALTERNATIVES.—

2 (A) IN GENERAL.—Feasibility and other

3 studies and assessments of water resource prob4 lems and projects shall include recommendations

5 for alternatives—

6 (i) that, as determined by the non-Fed7 eral interests for the projects, promote inte8 grated water resources management; and

9 (ii) for which the non-Federal interests

10 are willing to provide the non-Federal share

11 for the studies or assessments.

12 (B) SCOPE AND PURPOSES.—The scope and

13 purposes of studies and assessments described in

14 subparagraph (A) shall not be constrained by

15 budgetary or other policy as a result of the inclu16 sion of alternatives described in that subpara17 graph.

18 (C) REPORTS OF CHIEF OF ENGINEERS.—

19 The reports of the Chief of Engineers shall be

20 based solely on the best technical solutions to

21 water resource needs and problems.

22 (2) REPORT COMPLETION.—The completion of a

23 report of the Chief of Engineers for a project—
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1 (A) shall not be delayed while consideration

2 is being given to potential changes in policy or

3 priority for project consideration; and

4 (B) shall be submitted, on completion, to—

5 (i) the Committee on Environment and

6 Public Works of the Senate; and

7 (ii) the Committee on Transportation

8 and Infrastructure of the House of Rep9 resentatives.

10 (f) COMPLETION REVIEW.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), not later than 90 days after the date of

13 completion of a report of the Chief of Engineers that

14 recommends to Congress a water resource project, the

15 Secretary shall—

16 (A) review the report; and

17 (B) provide any recommendations of the

18 Secretary regarding the water resource project to

19 Congress.

20 (2) PRIOR REPORTS.—Not later than 90 days

21 after the date of enactment of this Act, with respect

22 to any report of the Chief of Engineers recommending

23 a water resource project that is complete prior to the

24 date of enactment of this Act, the Secretary shall com25 plete review of, and provide recommendations to Con-
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1 gress for, the report in accordance with paragraph

2 (1).

3 SEC. 2006. WATER RESOURCES PLANNING COORDINATING

4 COMMITTEE.

5 (a) ESTABLISHMENT.—The President shall establish a

6 Water Resources Planning Coordinating Committee (re7 ferred to in this subsection as the ‘‘Coordinating Com8 mittee’’).

9 (b) MEMBERSHIP.—

10 (1) IN GENERAL.—The Coordinating Committee

11 shall be composed of the following members (or a des12 ignee of the member):

13 (A) The Secretary of the Interior.

14 (B) The Secretary of Agriculture.

15 (C) The Secretary of Health and Human

16 Services.

17 (D) The Secretary of Housing and Urban

18 Development.

19 (E) The Secretary of Transportation.

20 (F) The Secretary of Energy.

21 (G) The Secretary of Homeland Security.

22 (H) The Secretary of Commerce.

23 (I) The Administrator of the Environmental

24 Protection Agency.
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1 (J) The Chairperson of the Council on En2 vironmental Quality.

3 (2) CHAIRPERSON AND EXECUTIVE DIRECTOR.—

4 The President shall appoint—

5 (A) 1 member of the Coordinating Com6 mittee to serve as Chairperson of the Coordi7 nating Committee for a term of 2 years; and

8 (B) an Executive Director to supervise the

9 activities of the Coordinating Committee.

10 (3) FUNCTION.—The function of the Coordi11 nating Committee shall be to carry out the duties and

12 responsibilities set forth under this section.

13 (c) NATIONAL WATER RESOURCES PLANNING AND

14 MODERNIZATION POLICY.—It is the policy of the United

15 States that all water resources projects carried out by the

16 Corps of Engineers shall—

17 (1) reflect national priorities;

18 (2) seek to avoid the unwise use of floodplains;

19 (3) minimize vulnerabilities in any case in

20 which a floodplain must be used;

21 (4) protect and restore the functions of natural

22 systems; and

23 (5) mitigate any unavoidable damage to natural

24 systems.

25 (d) WATER RESOURCE PRIORITIES REPORT.—
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1 (1) IN GENERAL.—Not later than 2 years after

2 the date of enactment of this Act, the Coordinating

3 Committee, in collaboration with the Secretary, shall

4 submit to the President and Congress a report de5 scribing the vulnerability of the United States to

6 damage from flooding and related storm damage,

7 including—

8 (A) the risk to human life;

9 (B) the risk to property; and

10 (C) the comparative risks faced by different

11 regions of the United States.

12 (2) INCLUSIONS.—The report under paragraph

13 (1) shall include—

14 (A) an assessment of the extent to which

15 programs in the United States relating to flood16 ing address flood risk reduction priorities;

17 (B) the extent to which those programs may

18 be unintentionally encouraging development and

19 economic activity in floodprone areas;

20 (C) recommendations for improving those

21 programs with respect to reducing and respond22 ing to flood risks; and

23 (D) proposals for implementing the rec24 ommendations.
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1 (e) MODERNIZING WATER RESOURCES PLANNING

2 GUIDELINES.—

3 (1) IN GENERAL.—Not later than 2 years after

4 the date of enactment of this Act, and every 5 years

5 thereafter, the Secretary and the Coordinating Com6 mittee shall, in collaboration with each other, review

7 and propose updates and revisions to modernize the

8 planning principles and guidelines, regulations, and

9 circulars by which the Corps of Engineers analyzes

10 and evaluates water projects. In carrying out the re11 view, the Coordinating Committee and the Secretary

12 shall consult with the National Academy of Sciences

13 for recommendations regarding updating planning

14 documents.

15 (2) PROPOSED REVISIONS.—In conducting a re16 view under paragraph (1), the Coordinating Com17 mittee and the Secretary shall consider revisions to

18 improve water resources project planning through,

19 among other things—

20 (A) requiring the use of modern economic

21 principles and analytical techniques, credible

22 schedules for project construction, and current

23 discount rates as used by other Federal agencies;

24 (B) eliminating biases and disincentives to

25 providing projects to low-income communities,
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1 including fully accounting for the prevention of

2 loss of life under section 904 of the Water Re3 sources Development Act of 1986 (33 U.S.C.

4 2281);

5 (C) eliminating biases and disincentives

6 that discourage the use of nonstructural ap7 proaches to water resources development and

8 management, and fully accounting for the flood

9 protection and other values of healthy natural

10 systems;

11 (D) promoting environmental restoration

12 projects that reestablish natural processes;

13 (E) assessing and evaluating the impacts of

14 a project in the context of other projects within

15 a region or watershed;

16 (F) analyzing and incorporating lessons

17 learned from recent studies of Corps of Engineers

18 programs and recent disasters such as Hurricane

19 Katrina and the Great Midwest Flood of 1993;

20 (G) encouraging wetlands conservation; and

21 (H) ensuring the effective implementation of

22 the policies of this Act.

23 (3) PUBLIC PARTICIPATION.—The Coordinating

24 Committee and the Secretary shall solicit public and
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1 expert comments regarding any revision proposed

2 under paragraph (2).

3 (4) REVISION OF PLANNING GUIDANCE.—

4 (A) IN GENERAL.—Not later than 180 days

5 after the date on which a review under para6 graph (1) is completed, the Secretary, after pro7 viding notice and an opportunity for public

8 comment in accordance with subchapter II of

9 chapter 5, and chapter 7, of title 5, United

10 States Code (commonly known as the ‘‘Adminis11 trative Procedure Act’’), shall implement such

12 proposed updates and revisions to the planning

13 principles and guidelines, regulations, and circu14 lars of the Corps of Engineers under paragraph

15 (2) as the Secretary determines to be appro16 priate.

17 (B) EFFECT.—Effective beginning on the

18 date on which the Secretary implements the first

19 update or revision under paragraph (1), sub20 sections (a) and (b) of section 80 of the Water

21 Resources Development Act of 1974 (42 U.S.C.

22 1962d–17) shall not apply to the Corps of Engi23 neers.

24 (5) REPORT.—
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1 (A) IN GENERAL.—The Secretary shall sub2 mit to the Committees on Environment and Pub3 lic Works and Appropriations of the Senate, and

4 to the Committees on Transportation and Infra5 structure and Appropriations of the House of

6 Representatives, a report describing any revision

7 of planning guidance under paragraph (4).

8 (B) PUBLICATION.—The Secretary shall

9 publish the report under subparagraph (A) in

10 the Federal Register.

11 SEC. 2007. INDEPENDENT PEER REVIEW.

12 (a) DEFINITIONS.—In this section:

13 (1) CONSTRUCTION ACTIVITIES.—The term ‘‘con14 struction activities’’ means development of detailed

15 engineering and design specifications during the

16 preconstruction engineering and design phase and the

17 engineering and design phase of a water resources

18 project carried out by the Corps of Engineers, and

19 other activities carried out on a water resources

20 project prior to completion of the construction and to

21 turning the project over to the local cost-share part22 ner.

23 (2) PROJECT STUDY.—The term ‘‘project study’’

24 means a feasibility report, reevaluation report, or en-
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1 vironmental impact statement prepared by the Corps

2 of Engineers.

3 (b) DIRECTOR OF INDEPENDENT REVIEW.—The Sec4 retary shall appoint in the Office of the Secretary a Direc5 tor of Independent Review. The Director shall be selected

6 from among individuals who are distinguished experts in

7 engineering, hydrology, biology, economics, or another dis8 cipline related to water resources management. The Sec9 retary shall ensure, to the maximum extent practicable, that

10 the Director does not have a financial, professional, or other

11 conflict of interest with projects subject to review. The Di12 rector of Independent Review shall carry out the duties set

13 forth in this section and such other duties as the Secretary

14 deems appropriate.

15 (c) SOUND PROJECT PLANNING.—

16 (1) PROJECTS SUBJECT TO PLANNING REVIEW.—

17 The Secretary shall ensure that each project study for

18 a water resources project shall be reviewed by an

19 independent panel of experts established under this

20 subsection if—

21 (A) the project has an estimated total cost

22 of more than $40,000,000, including mitigation

23 costs;

24 (B) the Governor of a State in which the

25 water resources project is located in whole or in
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1 part, or the Governor of a State within the

2 drainage basin in which a water resources

3 project is located and that would be directly af4 fected economically or environmentally as a re5 sult of the project, requests in writing to the Sec6 retary the establishment of an independent panel

7 of experts for the project;

8 (C) the head of a Federal agency with au9 thority to review the project determines that the

10 project is likely to have a significant adverse im11 pact on public safety, or on environmental, fish

12 and wildlife, historical, cultural, or other re13 sources under the jurisdiction of the agency, and

14 requests in writing to the Secretary the establish15 ment of an independent panel of experts for the

16 project; or

17 (D) the Secretary determines on his or her

18 own initiative, or shall determine within 30

19 days of receipt of a written request for a con20 troversy determination by any party, that the

21 project is controversial because—

22 (i) there is a significant dispute re23 garding the size, nature, potential safety

24 risks, or effects of the project; or
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1 (ii) there is a significant dispute re2 garding the economic, or environmental

3 costs or benefits of the project.

4 (2) PROJECT PLANNING REVIEW PANELS.—

5 (A) PROJECT PLANNING REVIEW PANEL

6 MEMBERSHIP.—For each water resources project

7 subject to review under this subsection, the Direc8 tor of Independent Review shall establish a panel

9 of independent experts that shall be composed of

10 not less than 5 nor more than 9 independent ex11 perts (including at least 1 engineer, 1 hydrolo12 gist, 1 biologist, and 1 economist) who represent

13 a range of areas of expertise. The Director of

14 Independent Review shall apply the National

15 Academy of Science’s policy for selecting com16 mittee members to ensure that members have no

17 conflict with the project being reviewed, and

18 shall consult with the National Academy of

19 Sciences in developing lists of individuals to

20 serve on panels of experts under this subsection.

21 An individual serving on a panel under this sub22 section shall be compensated at a rate of pay to

23 be determined by the Secretary, and shall be al24 lowed travel expenses.
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1 (B) DUTIES OF PROJECT PLANNING REVIEW

2 PANELS.—An independent panel of experts estab3 lished under this subsection shall review the

4 project study, receive from the public written

5 and oral comments concerning the project study,

6 and submit a written report to the Secretary

7 that shall contain the panel’s conclusions and

8 recommendations regarding project study issues

9 identified as significant by the panel, including

10 issues such as—

11 (i) economic and environmental as12 sumptions and projections;

13 (ii) project evaluation data;

14 (iii) economic or environmental anal15 yses;

16 (iv) engineering analyses;

17 (v) formulation of alternative plans;

18 (vi) methods for integrating risk and

19 uncertainty;

20 (vii) models used in evaluation of eco21 nomic or environmental impacts of pro22 posed projects; and

23 (viii) any related biological opinions.

24 (C) PROJECT PLANNING REVIEW RECORD.—
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1 (i) IN GENERAL.—After receiving a re2 port from an independent panel of experts

3 established under this subsection, the Sec4 retary shall take into consideration any rec5 ommendations contained in the report and

6 shall immediately make the report available

7 to the public on the internet.

8 (ii) RECOMMENDATIONS.—The Sec9 retary shall prepare a written explanation

10 of any recommendations of the independent

11 panel of experts established under this sub12 section not adopted by the Secretary. Rec13 ommendations and findings of the inde14 pendent panel of experts rejected without

15 good cause shown, as determined by judicial

16 review, shall be given equal deference as the

17 recommendations and findings of the Sec18 retary during a judicial proceeding relating

19 to the water resources project.

20 (iii) SUBMISSION TO CONGRESS AND

21 PUBLIC AVAILABILITY.—The report of the

22 independent panel of experts established

23 under this subsection and the written expla24 nation of the Secretary required by clause

25 (ii) shall be included with the report of the
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1 Chief of Engineers to Congress, shall be

2 published in the Federal Register, and shall

3 be made available to the public on the

4 Internet.

5 (D) DEADLINES FOR PROJECT PLANNING

6 REVIEWS.—

7 (i) IN GENERAL.—Independent review

8 of a project study shall be completed prior

9 to the completion of any Chief of Engineers

10 report for a specific water resources project.

11 (ii) DEADLINE FOR PROJECT PLANNING

12 REVIEW PANEL STUDIES.—An independent

13 panel of experts established under this sub14 section shall complete its review of the

15 project study and submit to the Secretary a

16 report not later than 180 days after the

17 date of establishment of the panel, or not

18 later than 90 days after the close of the pub19 lic comment period on a draft project study

20 that includes a preferred alternative, which21 ever is later. The Secretary may extend

22 these deadlines for good cause.

23 (iii) FAILURE TO COMPLETE REVIEW

24 AND REPORT.—If an independent panel of

25 experts established under this subsection
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1 does not submit to the Secretary a report by

2 the deadline established by clause (ii), the

3 Chief of Engineers may continue project

4 planning without delay.

5 (iv) DURATION OF PANELS.—An inde6 pendent panel of experts established under

7 this subsection shall terminate on the date

8 of submission of the report by the panel.

9 Panels may be established as early in the

10 planning process as deemed appropriate by

11 the Director of Independent Review, but

12 shall be appointed no later than 90 days be13 fore the release for public comment of a

14 draft study subject to review under sub15 section (c)(1)(A), and not later than 30

16 days after a determination that review is

17 necessary under subsection (c)(1)(B),

18 (c)(1)(C), or (c)(1)(D).

19 (E) EFFECT ON EXISTING GUIDANCE.—The

20 project planning review required by this sub21 section shall be deemed to satisfy any external

22 review required by Engineering Circular 1105–

23 2–408 (31 May 2005) on Peer Review of Deci24 sion Documents.

25 (d) SAFETY ASSURANCE.—
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1 (1) PROJECTS SUBJECT TO SAFETY ASSURANCE

2 REVIEW.—The Secretary shall ensure that the con3 struction activities for any flood damage reduction

4 project shall be reviewed by an independent panel of

5 experts established under this subsection if the Direc6 tor of Independent Review makes a determination

7 that an independent review is necessary to ensure

8 public health, safety, and welfare on any project—

9 (A) for which the reliability of performance

10 under emergency conditions is critical;

11 (B) that uses innovative materials or tech12 niques;

13 (C) for which the project design is lacking

14 in redundancy, or that has a unique construc15 tion sequencing or a short or overlapping design

16 construction schedule; or

17 (D) other than a project described in sub18 paragraphs (A) through (C), as the Director of

19 Independent Review determines to be appro20 priate.

21 (2) SAFETY ASSURANCE REVIEW PANELS.—At

22 the appropriate point in the development of detailed

23 engineering and design specifications for each water

24 resources project subject to review under this sub25 section, the Director of Independent Review shall es-
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1 tablish an independent panel of experts to review and

2 report to the Secretary on the adequacy of construc3 tion activities for the project. An independent panel

4 of experts under this subsection shall be composed of

5 not less than 5 nor more than 9 independent experts

6 selected from among individuals who are distin7 guished experts in engineering, hydrology, or other

8 pertinent disciplines. The Director of Independent Re9 view shall apply the National Academy of Science’s

10 policy for selecting committee members to ensure that

11 panel members have no conflict with the project being

12 reviewed. An individual serving on a panel of experts

13 under this subsection shall be compensated at a rate

14 of pay to be determined by the Secretary, and shall

15 be allowed travel expenses.

16 (3) DEADLINES FOR SAFETY ASSURANCE RE17 VIEWS.—An independent panel of experts established

18 under this subsection shall submit a written report to

19 the Secretary on the adequacy of the construction ac20 tivities prior to the initiation of physical construction

21 and periodically thereafter until construction activi22 ties are completed on a publicly available schedule de23 termined by the Director of Independent Review for

24 the purposes of assuring the public safety. The Direc25 tor of Independent Review shall ensure that these re-
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1 views be carried out in a way to protect the public

2 health, safety, and welfare, while not causing unneces3 sary delays in construction activities.

4 (4) SAFETY ASSURANCE REVIEW RECORD.—After

5 receiving a written report from an independent panel

6 of experts established under this subsection, the Sec7 retary shall—

8 (A) take into consideration recommenda9 tions contained in the report, provide a written

10 explanation of recommendations not adopted,

11 and immediately make the report and expla12 nation available to the public on the Internet;

13 and

14 (B) submit the report to the Committee on

15 Environment and Public Works of the Senate

16 and the Committee on Transportation and Infra17 structure of the House of Representatives.

18 (e) EXPENSES.—

19 (1) IN GENERAL.—The costs of an independent

20 panel of experts established under subsection (c) or (d)

21 shall be a Federal expense and shall not exceed—

22 (A) $250,000, if the total cost of the project

23 in current year dollars is less than $50,000,000;

24 and
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1 (B) 0.5 percent of the total cost of the

2 project in current year dollars, if the total cost

3 is $50,000,000 or more.

4 (2) WAIVER.—The Secretary, at the written re5 quest of the Director of Independent Review, may

6 waive the cost limitations under paragraph (1) if the

7 Secretary determines appropriate.

8 (f) REPORT.—Not later than 5 years after the date of

9 enactment of this Act, the Secretary shall submit to Con10 gress a report describing the implementation of this section.

11 (g) SAVINGS CLAUSE.—Nothing in this section shall

12 be construed to affect any authority of the Secretary to

13 cause or conduct a peer review of the engineering, scientific,

14 or technical basis of any water resources project in existence

15 on the date of enactment of this Act.

16 SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

17 (a) COMPLETION OF MITIGATION.—Section 906(a) of

18 the Water Resources Development Act of 1986 (33 U.S.C.

19 2283(a)) is amended by adding at the following:

20 ‘‘(3) COMPLETION OF MITIGATION.—In any case

21 in which it is not technically practicable to complete

22 mitigation by the last day of construction of the

23 project or separable element of the project because of

24 the nature of the mitigation to be undertaken, the

25 Secretary shall complete the required mitigation as
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1 expeditiously as practicable, but in no case later than

2 the last day of the first fiscal year beginning after the

3 last day of construction of the project or separable ele4 ment of the project.’’.

5 (b) USE OF CONSOLIDATED MITIGATION.—Section

6 906(b) of the Water Resources Development Act of 1986 (33

7 U.S.C. 2283(b)) is amended by adding at the end the fol8 lowing:

9 ‘‘(3) USE OF CONSOLIDATED MITIGATION.—

10 ‘‘(A) IN GENERAL.—If the Secretary deter11 mines that other forms of compensatory mitiga12 tion are not practicable or are less environ13 mentally desirable, the Secretary may purchase

14 available credits from a mitigation bank or con15 servation bank that is approved in accordance

16 with the Federal Guidance for the Establishment,

17 Use and Operation of Mitigations Banks (60

18 Fed. Reg. 58605) or other applicable Federal

19 laws (including regulations).

20 ‘‘(B) SERVICE AREA.—To the maximum ex21 tent practicable, the service area of the mitiga22 tion bank or conservation bank shall be in the

23 same watershed as the affected habitat.

24 ‘‘(C) RESPONSIBILITY RELIEVED.—Pur25 chase of credits from a mitigation bank or con-
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1 servation bank for a water resources project re2 lieves the Secretary and the non-Federal interest

3 from responsibility for monitoring or dem4 onstrating mitigation success.’’.

5 (c) MITIGATION REQUIREMENTS.—Section 906(d) of

6 the Water Resources Development Act of 1986 (33 U.S.C.

7 2283(d)) is amended—

8 (1) in paragraph (1)—

9 (A) in the first sentence, by striking ‘‘to the

10 Congress unless such report contains’’ and in11 serting ‘‘to Congress, and shall not select a

12 project alternative in any final record of deci13 sion, environmental impact statement, or envi14 ronmental assessment, unless the proposal, record

15 of decision, environmental impact statement, or

16 environmental assessment contains’’; and

17 (B) in the second sentence, by inserting ‘‘,

18 and other habitat types are mitigated to not less

19 than in-kind conditions’’ after ‘‘mitigated in20 kind’’; and

21 (2) by adding at the end the following:

22 ‘‘(3) MITIGATION REQUIREMENTS.—

23 ‘‘(A) IN GENERAL.—To mitigate losses to

24 flood damage reduction capabilities and fish and

25 wildlife resulting from a water resources project,
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1 the Secretary shall ensure that the mitigation

2 plan for each water resources project complies

3 fully with the mitigation standards and policies

4 established pursuant to section 404 of the Fed5 eral Water Pollution Control Act (33 U.S.C.

6 1344).

7 ‘‘(B) INCLUSIONS.—A specific mitigation

8 plan for a water resources project under para9 graph (1) shall include, at a minimum—

10 ‘‘(i) a plan for monitoring the imple11 mentation and ecological success of each

12 mitigation measure, including a designa13 tion of the entities that will be responsible

14 for the monitoring;

15 ‘‘(ii) the criteria for ecological success

16 by which the mitigation will be evaluated

17 and determined to be successful;

18 ‘‘(iii) land and interests in land to be

19 acquired for the mitigation plan and the

20 basis for a determination that the land and

21 interests are available for acquisition;

22 ‘‘(iv) a description of—

23 ‘‘(I) the types and amount of res24 toration activities to be conducted; and
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1 ‘‘(II) the resource functions and

2 values that will result from the mitiga3 tion plan; and

4 ‘‘(v) a contingency plan for taking cor5 rective actions in cases in which monitoring

6 demonstrates that mitigation measures are

7 not achieving ecological success in accord8 ance with criteria under clause (ii).

9 ‘‘(4) DETERMINATION OF SUCCESS.—

10 ‘‘(A) IN GENERAL.—A mitigation plan

11 under this subsection shall be considered to be

12 successful at the time at which the criteria under

13 paragraph (3)(B)(ii) are achieved under the

14 plan, as determined by monitoring under para15 graph (3)(B)(i).

16 ‘‘(B) CONSULTATION.—In determining

17 whether a mitigation plan is successful under

18 subparagraph (A), the Secretary shall consult

19 annually with appropriate Federal agencies and

20 each State in which the applicable project is lo21 cated on at least the following:

22 ‘‘(i) The ecological success of the miti23 gation as of the date on which the report is

24 submitted.
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1 ‘‘(ii) The likelihood that the mitigation

2 will achieve ecological success, as defined in

3 the mitigation plan.

4 ‘‘(iii) The projected timeline for achiev5 ing that success.

6 ‘‘(iv) Any recommendations for im7 proving the likelihood of success.

8 ‘‘(C) REPORTING.—Not later than 60 days

9 after the date of completion of the annual con10 sultation, the Federal agencies consulted shall,

11 and each State in which the project is located

12 may, submit to the Secretary a report that de13 scribes the results of the consultation described in

14 (B).

15 ‘‘(D) ACTION BY SECRETARY.—The Sec16 retary shall respond in writing to the substance

17 and recommendations contained in each report

18 under subparagraph (C) by not later than 30

19 days after the date of receipt of the report.

20 ‘‘(5) MONITORING.—Mitigation monitoring shall

21 continue until it has been demonstrated that the miti22 gation has met the ecological success criteria.’’.

23 (d) STATUS REPORT.—

24 (1) IN GENERAL.—Concurrent with the submis25 sion of the President to Congress of the request of the
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1 President for appropriations for the Civil Works Pro2 gram for a fiscal year, the Secretary shall submit to

3 the Committee on the Environment and Public Works

4 of the Senate and the Committee on Transportation

5 and Infrastructure of the House of Representatives a

6 report describing the status of construction of projects

7 that require mitigation under section 906 of Water

8 Resources Development Act 1986 (33 U.S.C. 2283)

9 and the status of that mitigation.

10 (2) PROJECTS INCLUDED.—The status report

11 shall include the status of—

12 (A) all projects that are under construction

13 as of the date of the report;

14 (B) all projects for which the President re15 quests funding for the next fiscal year; and

16 (C) all projects that have completed con17 struction, but have not completed the mitigation

18 required under section 906 of the Water Re19 sources Development Act of 1986 (33 U.S.C.

20 2283).

21 (e) MITIGATION TRACKING SYSTEM.—

22 (1) IN GENERAL.—Not later than 1 year after

23 the date of enactment of this Act, the Secretary shall

24 establish a recordkeeping system to track, for each

25 water resources project undertaken by the Secretary
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1 and for each permit issued under section 404 of the

2 Federal Water Pollution Control Act (33 U.S.C.

3 1344)—

4 (A) the quantity and type of wetland and

5 any other habitat type affected by the project,

6 project operation, or permitted activity;

7 (B) the quantity and type of mitigation

8 measures required with respect to the project,

9 project operation, or permitted activity;

10 (C) the quantity and type of mitigation

11 measures that have been completed with respect

12 to the project, project operation, or permitted ac13 tivity; and

14 (D) the status of monitoring of the mitiga15 tion measures carried out with respect to the

16 project, project operation, or permitted activity.

17 (2) REQUIREMENTS.—The recordkeeping system

18 under paragraph (1) shall—

19 (A) include information relating to the im20 pacts and mitigation measures relating to

21 projects described in paragraph (1) that occur

22 after November 17, 1986; and

23 (B) be organized by watershed, project, per24 mit application, and zip code.
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1 (3) AVAILABILITY OF INFORMATION.—The Sec2 retary shall make information contained in the rec3 ordkeeping system available to the public on the

4 Internet.

5 SEC. 2009. STATE TECHNICAL ASSISTANCE.

6 Section 22 of the Water Resources Development Act of

7 1974 (42 U.S.C. 1962d–16) is amended—

8 (1) by striking ‘‘SEC. 22. (a) The Secretary’’ and

9 inserting the following:

10 ‘‘SEC. 22. PLANNING ASSISTANCE TO STATES.

11 ‘‘(a) FEDERAL-STATE COOPERATION.—

12 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’;

13 (2) in subsection (a), by adding at the end the

14 following:

15 ‘‘(2) TECHNICAL ASSISTANCE.—

16 ‘‘(A) IN GENERAL.—At the request of a gov17 ernmental agency or non-Federal interest, the

18 Secretary may provide, at Federal expense, tech19 nical assistance to the agency or non-Federal in20 terest in managing water resources.

21 ‘‘(B) TYPES OF ASSISTANCE.—Technical as22 sistance under this paragraph may include pro23 vision and integration of hydrologic, economic,

24 and environmental data and analyses.’’;
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1 (3) in subsection (b)(1), by striking ‘‘this sec2 tion’’ each place it appears and inserting ‘‘subsection

3 (a)(1)’’;

(4) in subsection (b)(2), by striking ‘‘up to 1 4 ⁄2 of

5 the’’ and inserting ‘‘the’’;

6 (5) in subsection (c)—

7 (A) by striking ‘‘(c) There is’’ and inserting

8 the following:

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

10 ‘‘(1) FEDERAL AND STATE COOPERATION.—There

11 is’’;

12 (B) in paragraph (1) (as designated by sub13 paragraph (A)), by striking ‘‘the provisions of

14 this section except that not more than $500,000

15 shall be expended in any one year in any one

16 State.’’ and inserting ‘‘subsection (a)(1).’’; and

17 (C) by adding at the end the following:

18 ‘‘(2) TECHNICAL ASSISTANCE.—There is author19 ized to be appropriated to carry out subsection (a)(2)

20 $10,000,000 for each fiscal year, of which not more

21 than $2,000,000 for each fiscal year may be used by

22 the Secretary to enter into cooperative agreements

23 with nonprofit organizations and State agencies to

24 provide assistance to rural and small communities.’’;

25 and
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1 (6) by adding at the end the following:

2 ‘‘(e) ANNUAL SUBMISSION.—For each fiscal year,

3 based on performance criteria developed by the Secretary,

4 the Secretary shall list in the annual civil works budget

5 submitted to Congress the individual activities proposed for

6 funding under subsection (a)(1) for the fiscal year.’’.

7 SEC. 2010. ACCESS TO WATER RESOURCE DATA.

8 (a) IN GENERAL.—The Secretary, acting through the

9 Chief of Engineers, shall carry out a program to provide

10 public access to water resource and related water quality

11 data in the custody of the Corps of Engineers.

12 (b) DATA.—Public access under subsection (a) shall—

13 (1) include, at a minimum, access to data gen14 erated in water resource project development and reg15 ulation under section 404 of the Federal Water Pollu16 tion Control Act (33 U.S.C. 1344); and

17 (2) appropriately employ geographic informa18 tion system technology and linkages to water resource

19 models and analytical techniques.

20 (c) PARTNERSHIPS.—To the maximum extent prac21 ticable, in carrying out activities under this section, the

22 Secretary shall develop partnerships, including cooperative

23 agreements with State, tribal, and local governments and

24 other Federal agencies.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $5,000,000 for each fiscal year.

4 SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS

5 BY NON-FEDERAL INTERESTS.

6 (a) IN GENERAL.—Section 211(e)(6) of the Water Re7 sources Development Act of 1996 (33 U.S.C. 701b–13(e)(6))

8 is amended by adding at the end following:

9 ‘‘(E) BUDGET PRIORITY.—

10 ‘‘(i) IN GENERAL.—Budget priority for

11 projects under this section shall be propor12 tionate to the percentage of project comple13 tion.

14 ‘‘(ii) COMPLETED PROJECT.—A com15 pleted project shall have the same priority

16 as a project with a contractor on site.’’.

17 (b) CONSTRUCTION OF FLOOD CONTROL PROJECTS BY

18 NON-FEDERAL INTERESTS.—Section 211(f) of the Water

19 Resources Development Act of 1996 (33 U.S.C. 701b–13)

20 is amended by adding at the end the following:

21 ‘‘(9) THORNTON RESERVOIR, COOK COUNTY, ILLI22 NOIS.—An element of the project for flood control,

23 Chicagoland Underflow Plan, Illinois.

24 ‘‘(10) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

25 FIELD), ST. PAUL, MINNESOTA.—The project for flood
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1 damage reduction, St. Paul Downtown Holman

2 Field), St. Paul, Minnesota.

3 ‘‘(11) BUFFALO BAYOU, TEXAS.—The project for

4 flood control, Buffalo Bayou, Texas, authorized by the

5 first section of the Act of June 20, 1938 (52 Stat. 804,

6 chapter 535) (commonly known as the ‘River and

7 Harbor Act of 1938’) and modified by section 3a of

8 the Act of August 11, 1939 (53 Stat. 1414, chapter

9 699) (commonly known as the ‘Flood Control Act of

10 1939’), except that, subject to the approval of the Sec11 retary as provided by this section, the non-Federal in12 terest may design and construct an alternative to

13 such project.

14 ‘‘(12) HALLS BAYOU, TEXAS.—The Halls Bayou

15 element of the project for flood control, Buffalo Bayou

16 and tributaries, Texas, authorized by section

17 101(a)(21) of the Water Resources Development Act of

18 1990 (33 U.S.C. 2201 note), except that, subject to the

19 approval of the Secretary as provided by this section,

20 the non-Federal interest may design and construct an

21 alternative to such project.

22 ‘‘(13) MENOMONEE RIVER WATERSHED, WIS23 CONSIN.—The project for the Menominee River Water24 shed, Wisconsin.’’.
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1 SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

2 (a) IN GENERAL.—Section 204 of the Water Resources

3 Development Act of 1992 (33 U.S.C. 2326) is amended to

4 read as follows:

5 ‘‘SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

6 ‘‘(a) IN GENERAL.—In connection with sediment ob7 tained through the construction, operation, or maintenance

8 of an authorized Federal water resources project, the Sec9 retary, acting through the Chief of Engineers, shall develop

10 Regional Sediment Management plans and carry out

11 projects at locations identified in the plan prepared under

12 subsection (e), or identified jointly by the non-Federal inter13 est and the Secretary, for use in the construction, repair,

14 modification, or rehabilitation of projects associated with

15 Federal water resources projects, for—

16 ‘‘(1) the protection of property;

17 ‘‘(2) the protection, restoration, and creation of

18 aquatic and ecologically related habitats, including

19 wetlands; and

20 ‘‘(3) the transport and placement of suitable

21 sediment

22 ‘‘(b) SECRETARIAL FINDINGS.—Subject to subsection

23 (c), projects carried out under subsection (a) may be carried

24 out in any case in which the Secretary finds that—
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1 ‘‘(1) the environmental, economic, and social

2 benefits of the project, both monetary and nonmone3 tary, justify the cost of the project; and

4 ‘‘(2) the project would not result in environ5 mental degradation.

6 ‘‘(c) DETERMINATION OF PLANNING AND PROJECT

7 COSTS.—

8 ‘‘(1) IN GENERAL.—In consultation and coopera9 tion with the appropriate Federal, State, regional,

10 and local agencies, the Secretary, acting through the

11 Chief of Engineers, shall develop at Federal expense

12 plans and projects for regional management of sedi13 ment obtained in conjunction with construction, oper14 ation, and maintenance of Federal water resources

15 projects.

16 ‘‘(2) COSTS OF CONSTRUCTION.—

17 ‘‘(A) IN GENERAL.—Costs associated with

18 construction of a project under this section or

19 identified in a Regional Sediment Management

20 plan shall be limited solely to construction costs

21 that are in excess of those costs necessary to

22 carry out the dredging for construction, oper23 ation, or maintenance of an authorized Federal

24 water resources project in the most cost-effective
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1 way, consistent with economic, engineering, and

2 environmental criteria.

3 ‘‘(B) COST SHARING.—The determination of

4 any non-Federal share of the construction cost

5 shall be based on the cost sharing as specified in

6 subsections (a) through (d) of section 103 of the

7 Water Resources Development Act of 1986 (33

8 U.S.C. 2213), for the type of Federal water re9 source project using the dredged resource.

10 ‘‘(C) TOTAL COST.—Total Federal costs as11 sociated with construction of a project under this

12 section shall not exceed $5,000,000 without Con13 gressional approval.

14 ‘‘(3) OPERATION, MAINTENANCE, REPLACEMENT,

15 AND REHABILITATION COSTS.—Operation, mainte16 nance, replacement, and rehabilitation costs associ17 ated with a project are a non-Federal sponsor respon18 sibility.

19 ‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD

20 FOR ENVIRONMENTAL PURPOSES.—

21 ‘‘(1) IN GENERAL.—In developing and carrying

22 out a Federal water resources project involving the

23 disposal of material, the Secretary may select, with

24 the consent of the non-Federal interest, a disposal

25 method that is not the least-cost option if the Sec-
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1 retary determines that the incremental costs of the

2 disposal method are reasonable in relation to the en3 vironmental benefits, including the benefits to the

4 aquatic environment to be derived from the creation

5 of wetlands and control of shoreline erosion.

6 ‘‘(2) FEDERAL SHARE.—The Federal share of

7 such incremental costs shall be determined in accord8 ance with subsection (c).

9 ‘‘(e) STATE AND REGIONAL PLANS.—The Secretary,

10 acting through the Chief of Engineers, may—

11 ‘‘(1) cooperate with any State in the preparation

12 of a comprehensive State or regional coastal sediment

13 management plan within the boundaries of the State;

14 ‘‘(2) encourage State participation in the imple15 mentation of the plan; and

16 ‘‘(3) submit to Congress reports and rec17 ommendations with respect to appropriate Federal

18 participation in carrying out the plan.

19 ‘‘(f) PRIORITY AREAS.—In carrying out this section,

20 the Secretary shall give priority to regional sediment man21 agement projects in the vicinity of—

22 ‘‘(1) Fire Island Inlet, Suffolk County, New

23 York;

24 ‘‘(2) Fletcher Cove, California;
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1 ‘‘(3) Delaware River Estuary, New Jersey and

2 Pennsylvania; and

3 ‘‘(4) Toledo Harbor, Lucas County, Ohio.

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $30,000,000 during each fiscal year, to remain available

7 until expended, for the Federal costs identified under sub8 section (c), of which up to $5,000,000 shall be used for the

9 development of regional sediment management plans as

10 provided in subsection (e).

11 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section

12 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

13 5b), for any project carried out under this section, a non14 Federal interest may include a nonprofit entity, with the

15 consent of the affected local government.’’.

16 (b) REPEAL.—

17 (1) IN GENERAL.—Section 145 of the Water Re18 sources Development Act of 1976 (33 U.S.C. 426j) is

19 repealed.

20 (2) EXISTING PROJECTS.—The Secretary, acting

21 through the Chief of Engineers, may complete any

22 project being carried out under section 145 on the day

23 before the date of enactment of this Act.
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1 SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE2 VELOPMENT PROGRAM.

3 (a) IN GENERAL.—Section 3 of the Act entitled ‘‘An

4 Act authorizing Federal participation in the cost of pro5 tecting the shores of publicly owned property’’, approved

6 August 13, 1946 (33 U.S.C. 426g), is amended to read as

7 follows:

8 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM9 PACT MINIMIZATION PROGRAM.

10 ‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH

11 RESTORATION AND PROTECTION PROJECTS.—

12 ‘‘(1) IN GENERAL.—The Secretary may carry out

13 construction of small shore and beach restoration and

14 protection projects not specifically authorized by Con15 gress that otherwise comply with the first section of

16 this Act if the Secretary determines that such con17 struction is advisable.

18 ‘‘(2) LOCAL COOPERATION.—The local coopera19 tion requirement under the first section of this Act

20 shall apply to a project under this section.

21 ‘‘(3) COMPLETENESS.—A project under this

22 section—

23 ‘‘(A) shall be complete; and

24 ‘‘(B) shall not commit the United States to

25 any additional improvement to ensure the suc26 cessful operation of the project, except for par-
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1 ticipation in periodic beach nourishment in ac2 cordance with—

3 ‘‘(i) the first section of this Act; and

4 ‘‘(ii) the procedure for projects author5 ized after submission of a survey report.

6 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE7 VELOPMENT AND DEMONSTRATION PROGRAM.—

8 ‘‘(1) IN GENERAL.—The Secretary, acting

9 through the Chief of Engineers, shall conduct a na10 tional shoreline erosion control development and dem11 onstration program (referred to in this section as the

12 ‘program’).

13 ‘‘(2) REQUIREMENTS.—

14 ‘‘(A) IN GENERAL.—The program shall in15 clude provisions for—

16 ‘‘(i) projects consisting of planning, de17 sign, construction, and adequate monitoring

18 of prototype engineered and native and nat19 uralized vegetative shoreline erosion control

20 devices and methods;

21 ‘‘(ii) detailed engineering and environ22 mental reports on the results of each project

23 carried out under the program; and

24 ‘‘(iii) technology transfers, as appro25 priate, to private property owners, State
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1 and local entities, nonprofit educational in2 stitutions, and nongovernmental organiza3 tions.

4 ‘‘(B) DETERMINATION OF FEASIBILITY.—A

5 project under this section shall not be carried out

6 until the Secretary, acting through the Chief of

7 Engineers, determines that the project is feasible.

8 ‘‘(C) EMPHASIS.—A project carried out

9 under the program shall emphasize, to the max10 imum extent practicable—

11 ‘‘(i) the development and demonstra12 tion of innovative technologies;

13 ‘‘(ii) efficient designs to prevent ero14 sion at a shoreline site, taking into account

15 the lifecycle cost of the design, including

16 cleanup, maintenance, and amortization;

17 ‘‘(iii) new and enhanced shore protec18 tion project design and project formulation

19 tools the purposes of which are to improve

20 the physical performance, and lower the

21 lifecycle costs, of the projects;

22 ‘‘(iv) natural designs, including the use

23 of native and naturalized vegetation or tem24 porary structures that minimize permanent

25 structural alterations to the shoreline;
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1 ‘‘(v) the avoidance of negative impacts

2 to adjacent shorefront communities;

3 ‘‘(vi) the potential for long-term protec4 tion afforded by the technology; and

5 ‘‘(vii) recommendations developed from

6 evaluations of the program established

7 under the Shoreline Erosion Control Dem8 onstration Act of 1974 (42 U.S.C. 1962–5

9 note; 88 Stat. 26), including—

10 ‘‘(I) adequate consideration of the

11 subgrade;

12 ‘‘(II) proper filtration;

13 ‘‘(III) durable components;

14 ‘‘(IV) adequate connection between

15 units; and

16 ‘‘(V) consideration of additional

17 relevant information.

18 ‘‘(D) SITES.—

19 ‘‘(i) IN GENERAL.—Each project under

20 the program shall be carried out at—

21 ‘‘(I) a privately owned site with

22 substantial public access; or

23 ‘‘(II) a publicly owned site on

24 open coast or in tidal waters.
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1 ‘‘(ii) SELECTION.—The Secretary, act2 ing through the Chief of Engineers, shall de3 velop criteria for the selection of sites for

4 projects under the program, including cri5 teria based on—

6 ‘‘(I) a variety of geographic and

7 climatic conditions;

8 ‘‘(II) the size of the population

9 that is dependent on the beaches for

10 recreation or the protection of private

11 property or public infrastructure;

12 ‘‘(III) the rate of erosion;

13 ‘‘(IV) significant natural re14 sources or habitats and environ15 mentally sensitive areas; and

16 ‘‘(V) significant threatened his17 toric structures or landmarks.

18 ‘‘(3) CONSULTATION.—The Secretary, acting

19 through the Chief of Engineers, shall carry out the

20 program in consultation with—

21 ‘‘(A) the Secretary of Agriculture, particu22 larly with respect to native and naturalized veg23 etative means of preventing and controlling

24 shoreline erosion;

25 ‘‘(B) Federal, State, and local agencies;
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1 ‘‘(C) private organizations;

2 ‘‘(D) the Coastal Engineering Research Cen3 ter established by the first section of Public Law

4 88–172 (33 U.S.C. 426–1); and

5 ‘‘(E) applicable university research facili6 ties.

7 ‘‘(4) COMPLETION OF DEMONSTRATION.—After

8 carrying out the initial construction and evaluation

9 of the performance and lifecycle cost of a demonstra10 tion project under this section, the Secretary, acting

11 through the Chief of Engineers, may—

12 ‘‘(A) at the request of a non-Federal interest

13 of the project, amend the agreement for a feder14 ally-authorized shore protection project in exist15 ence on the date on which initial construction of

16 the demonstration project is complete to incor17 porate the demonstration project as a feature of

18 the shore protection project, with the future cost

19 of the demonstration project to be determined by

20 the cost-sharing ratio of the shore protection

21 project; or

22 ‘‘(B) transfer all interest in and responsi23 bility for the completed demonstration project to

24 the non-Federal or other Federal agency interest

25 of the project.
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1 ‘‘(5) AGREEMENTS.—The Secretary, acting

2 through the Chief of Engineers, may enter into an

3 agreement with the non-Federal or other Federal

4 agency interest of a project under this section—

5 ‘‘(A) to share the costs of construction, oper6 ation, maintenance, and monitoring of a project

7 under the program;

8 ‘‘(B) to share the costs of removing a project

9 or project element constructed under the pro10 gram, if the Secretary determines that the project

11 or project element is detrimental to private prop12 erty, public infrastructure, or public safety; or

13 ‘‘(C) to specify ownership of a completed

14 project that the Chief of Engineers determines

15 will not be part of a Corps of Engineers project.

16 ‘‘(6) REPORT.—Not later than December 31 of

17 each year beginning after the date of enactment of

18 this paragraph, the Secretary shall prepare and sub19 mit to the Committee on Environment and Public

20 works of the Senate and the Committee on Transpor21 tation and Infrastructure of the House of Representa22 tives a report describing—

23 ‘‘(A) the activities carried out and accom24 plishments made under the program during the

25 preceding year; and
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1 ‘‘(B) any recommendations of the Secretary

2 relating to the program.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

5 Secretary may expend, from any appropriations

6 made available to the Secretary for the purpose of

7 carrying out civil works, not more than $30,000,000

8 during any fiscal year to pay the Federal share of the

9 costs of construction of small shore and beach restora10 tion and protection projects or small projects under

11 the program.

12 ‘‘(2) LIMITATION.—The total amount expended

13 for a project under this section shall—

14 ‘‘(A) be sufficient to pay the cost of Federal

15 participation in the project (including periodic

16 nourishment as provided for under the first sec17 tion of this Act), as determined by the Secretary;

18 and

19 ‘‘(B) be not more than $3,000,000.’’.

20 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au21 thorizing Federal participation in the cost of protecting the

22 shores of publicly owned property’’, approved August 13,

23 1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is repealed.
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1 SEC. 2014. SHORE PROTECTION PROJECTS.

2 (a) IN GENERAL.—In accordance with the Act of July

3 3, 1930 (33 U.S.C. 426), and notwithstanding administra4 tive actions, it is the policy of the United States to promote

5 shore protection projects and related research that encour6 age the protection, restoration, and enhancement of sandy

7 beaches, including beach restoration and periodic beach re8 nourishment for a period of 50 years, on a comprehensive

9 and coordinated basis by the Federal Government, States,

10 localities, and private enterprises.

11 (b) PREFERENCE.—In carrying out the policy, pref12 erence shall be given to—

13 (1) areas in which there has been a Federal in14 vestment of funds; and

15 (2) areas with respect to which the need for pre16 vention or mitigation of damage to shores and beaches

17 is attributable to Federal navigation projects or other

18 Federal activities.

19 (c) APPLICABILITY.—The Secretary shall apply the

20 policy to each shore protection and beach renourishment

21 project (including shore protection and beach renourish22 ment projects in existence on the date of enactment of this

23 Act).

24 SEC. 2015. COST SHARING FOR MONITORING.

25 (a) IN GENERAL.—Costs incurred for monitoring for

26 an ecosystem restoration project shall be cost-shared—
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1 (1) in accordance with the formula relating to

2 the applicable original construction project; and

3 (2) for a maximum period of 10 years.

4 (b) AGGREGATE LIMITATION.—Monitoring costs for an

5 ecosystem restoration project—

6 (1) shall not exceed in the aggregate, for a 10-

7 year period, an amount equal to 5 percent of the cost

8 of the applicable original construction project; and

9 (2) after the 10-year period, shall be 100 percent

10 non-Federal.

11 SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

12 For each of the following projects, the Corps of Engi13 neers shall include ecosystem restoration benefits in the cal14 culation of benefits for the project:

15 (1) Grayson’s Creek, California.

16 (2) Seven Oaks, California.

17 (3) Oxford, California.

18 (4) Walnut Creek, California.

19 (5) Wildcat Phase II, California.

20 SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND

21 PROCESSING OF PERMITS.

22 Section 214(a) of the Water Resources Development

23 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is

24 amended by striking ‘‘In fiscal years 2001 through 2003,

25 the’’ and inserting ‘‘The’’.
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1 SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA2 TIONS.

3 (a) IN GENERAL.—Not later than 2 years after the

4 date of enactment of this Act, the Secretary shall implement

5 a program to allow electronic submission of permit applica6 tions for permits under the jurisdiction of the Corps of En7 gineers.

8 (b) LIMITATIONS.—This section does not preclude the

9 submission of a hard copy, as required.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $3,000,000.

13 SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT

14 CORPS OF ENGINEERS RESERVOIRS.

15 (a) IN GENERAL.—As part of the operation and main16 tenance, by the Corps of Engineers, of reservoirs in oper17 ation as of the date of enactment of this Act, the Secretary

18 shall carry out the measures described in subsection (c) to

19 support the water resource needs of project sponsors and

20 any affected State, local, or tribal government for author21 ized project purposes.

22 (b) COOPERATION.—The Secretary shall carry out the

23 measures described in subsection (c) in cooperation and co24 ordination with project sponsors and any affected State,

25 local, or tribal government.
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1 (c) MEASURES.—In carrying out this section, the Sec2 retary may—

3 (1) conduct a study to identify unused,

4 underused, or additional water storage capacity at

5 reservoirs;

6 (2) review an operational plan and identify any

7 change to maximize an authorized project purpose to

8 improve water storage capacity and enhance effi9 ciency of releases and withdrawal of water;

10 (3) improve and update data, data collection,

11 and forecasting models to maximize an authorized

12 project purpose and improve water storage capacity

13 and delivery to water users; and

14 (4) conduct a sediment study and implement

15 any sediment management or removal measure.

16 (d) REVENUES FOR SPECIAL CASES.—

17 (1) COSTS OF WATER SUPPLY STORAGE.—In the

18 case of a reservoir operated or maintained by the

19 Corps of Engineers on the date of enactment of this

20 Act, the storage charge for a future contract or con21 tract renewal for the first cost of water supply storage

22 at the reservoir shall be the lesser of the estimated cost

23 of purposes foregone, replacement costs, or the up24 dated cost of storage.
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1 (2) REALLOCATION.—In the case of a water sup2 ply that is reallocated from another project purpose

3 to municipal or industrial water supply, the joint use

4 costs for the reservoir shall be adjusted to reflect the

5 reallocation of project purposes.

6 (3) CREDIT FOR AFFECTED PROJECT PUR7 POSES.—In the case of a reallocation that adversely

8 affects hydropower generation, the Secretary shall

9 defer to the Administrator of the respective Power

10 Marketing Administration to calculate the impact of

11 such a reallocation on the rates for hydroelectric

12 power.

13 SEC. 2020. FEDERAL HOPPER DREDGES.

14 Section 3(c)(7)(B) of the Act of August 11, 1888 (33

15 U.S.C. 622; 25 Stat. 423), is amended by adding at the

16 end the following: ‘‘This subparagraph shall not apply to

17 the Federal hopper dredges Essayons and Yaquina of the

18 Corps of Engineers.’’.

19 SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.

20 In the State of Louisiana, extraordinary rainfall

21 events such as Hurricanes Katrina and Rita, which oc22 curred during calendar year 2005, and Hurricane Andrew,

23 which occurred during calendar year 1992, shall not be con24 sidered in making a determination with respect to the ordi25 nary high water mark for purposes of carrying out section
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1 10 of the Act of March 3, 1899 (33 U.S.C. 403) (commonly

2 known as the ‘‘Rivers and Harbors Act’’).

3 SEC. 2022. WILDFIRE FIREFIGHTING.

4 Section 309 of Public Law 102–154 (42 U.S.C. 1856a–

5 1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary

6 of the Army,’’ after ‘‘the Secretary of Energy,’’.

7 SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.

8 Section 221(b) of the Flood Control Act of 1970 (42

9 U.S.C. 1962d–5b(b)) is amended—

10 (1) by striking ‘‘A non-Federal interest shall be’’

11 and inserting the following:

12 ‘‘(1) IN GENERAL.—In this section, the term

13 ‘non-Federal interest’ means’’; and

14 (2) by adding at the end the following:

15 ‘‘(2) INCLUSIONS.—The term ‘non-Federal inter16 est’ includes a nonprofit organization acting with the

17 consent of the affected unit of government.’’.

18 SEC. 2024. PROJECT ADMINISTRATION.

19 (a) PROJECT TRACKING.—The Secretary shall assign

20 a unique tracking number to each water resources project

21 under the jurisdiction of the Secretary, to be used by each

22 Federal agency throughout the life of the project.

23 (b) REPORT REPOSITORY.—

24 (1) IN GENERAL.—The Secretary shall maintain

25 at the Library of Congress a copy of each final feasi-
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1 bility study, final environmental impact statement,

2 final reevaluation report, record of decision, and re3 port to Congress prepared by the Corps of Engineers.

4 (2) AVAILABILITY TO PUBLIC.—

5 (A) IN GENERAL.—Each document described

6 in paragraph (1) shall be made available to the

7 public for review, and an electronic copy of each

8 document shall be made permanently available

9 to the public through the Internet website of the

10 Corps of Engineers.

11 (B) COST.—The Secretary shall charge the

12 requestor for the cost of duplication of the re13 quested document.

14 SEC. 2025. PROGRAM ADMINISTRATION.

15 Sections 101, 106, and 108 of the Energy and Water

16 Development Appropriations Act, 2006 (Public Law 109–

17 103; 119 Stat. 2252–2254), are repealed.

18 SEC. 2026. NATIONAL DAM SAFETY PROGRAM REAUTHOR19 IZATION.

20 (a) SHORT TITLE.—This section may be cited as the

21 ‘‘National Dam Safety Program Act of 2006’’.

22 (b) REAUTHORIZATION.—Section 13 of the National

23 Dam Safety Program Act (33 U.S.C. 467j) is amended—
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1 (1) in subsection (a)(1), by adding ‘‘, and

2 $8,000,000 for each of fiscal years 2007 through 2011,

3 to remain available until expended’’ after ‘‘expended’’;

4 (2) in subsection (b), by striking ‘‘$500,000’’ and

5 inserting ‘‘$1,000,000’’;

6 (3) in subsection (c), by inserting before the pe7 riod at the end the following: ‘‘, and $2,000,000 for

8 each of fiscal years 2007 through 2011, to remain

9 available until expended’’;

10 (4) in subsection (d), by inserting before the pe11 riod at the end the following: ‘‘, and $700,000 for

12 each of fiscal years 2007 through 2011, to remain

13 available until expended’’; and

14 (5) in subsection (e), by inserting before the pe15 riod at the end the following: ‘‘, and $1,000,000 for

16 each of fiscal years 2007 through 2011, to remain

17 available until expended’’.

18 SEC. 2027. EXTENSION OF SHORE PROTECTION PROJECTS.

19 (a) IN GENERAL.—Before the date on which the appli20 cable period for Federal financial participation in a shore

21 protection project terminates, the Secretary, acting through

22 the Chief of Engineers, is authorized to review the shore pro23 tection project to determine whether it would be feasible to

24 extend the period of Federal financial participation relat25 ing to the project.
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1 (b) REPORT.—The Secretary shall submit to Congress

2 a report describing the results of each review conducted

3 under subsection (a).

4 Subtitle B—Continuing Authorities

5 Projects

6 SEC. 2031. NAVIGATION ENHANCEMENTS FOR

7 WATERBOURNE TRANSPORTATION.

8 Section 107 of the River and Harbor Act of 1960 (33

9 U.S.C. 577) is amended—

10 (1) by striking ‘‘SEC. 107. (a) That the Secretary

11 of the Army is hereby authorized to’’ and inserting

12 the following:

13 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR

14 WATERBOURNE TRANSPORTATION.

15 ‘‘(a) IN GENERAL.—The Secretary of the Army may’’;

16 (2) in subsection (b)—

17 (A) by striking ‘‘(b) Not more’’ and insert18 ing the following:

19 ‘‘(b) ALLOTMENT.—Not more’’; and

20 (B) by striking ‘‘$4,000,000’’ and inserting

21 ‘‘$7,000,000’’;

22 (3) in subsection (c), by striking ‘‘(c) Local’’ and

23 inserting the following:

24 ‘‘(c) LOCAL CONTRIBUTIONS.—Local’’;
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1 (4) in subsection (d), by striking ‘‘(d) Non-Fed2 eral’’ and inserting the following:

3 ‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’;

4 (5) in subsection (e), by striking ‘‘(e) Each’’ and

5 inserting the following:

6 ‘‘(e) COMPLETION.—Each’’; and

7 (6) in subsection (f), by striking ‘‘(f) This’’ and

8 inserting the following:

9 ‘‘(f) APPLICABILITY.—This’’.

10 SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER11 GENCIES AT SHORES AND STREAMBANKS.

12 Section 14 of the Flood Control Act of 1946 (33 U.S.C.

13 701r) is amended—

14 (1) by striking ‘‘$15,000,000’’ and inserting

15 ‘‘$20,000,000’’; and

16 (2) by striking ‘‘$1,000,000’’ and inserting

17 ‘‘$1,500,000’’.

18 SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO19 TECTION OF AQUATIC AND RIPARIAN ECO20 SYSTEMS PROGRAM.

21 Section 206 of the Water Resources Development Act

22 of 1996 (33 U.S.C. 2330) is amended—

23 (1) by striking the section heading and inserting

24 the following:
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1 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO2 TECTION OF AQUATIC AND RIPARIAN ECO3 SYSTEMS PROGRAM.’’;

4 (2) in subsection (a), by striking ‘‘an aquatic’’

5 and inserting ‘‘a freshwater aquatic’’; and

6 (3) in subsection (e), by striking ‘‘$25,000,000’’

7 and inserting ‘‘$75,000,000’’.

8 SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS

9 FOR IMPROVEMENT AND RESTORATION OF

10 ECOSYSTEMS PROGRAM.

11 Section 1135 of the Water Resources Development Act

12 of 1986 (33 U.S.C. 2309a) is amended—

13 (1) by striking the section heading and inserting

14 the following:

15 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS

16 FOR IMPROVEMENT AND RESTORATION OF

17 ECOSYSTEMS PROGRAM.’’;

18 and

19 (2) in subsection (h), by striking ‘‘25,000,000’’

20 and inserting ‘‘$50,000,000’’.

21 SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COAST22 AL HABITATS.

23 (a) IN GENERAL.—The Secretary may carry out an

24 estuary habitat restoration project if the Secretary deter25 mines that the project—
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1 (1) will improve the elements and features of an

2 estuary (as defined in section 103 of the Estuaries

3 and Clean Waters Act of 2000 (33 U.S.C. 2902));

4 (2) is in the public interest; and

5 (3) is cost-effective.

6 (b) COST SHARING.—The non-Federal share of the cost

7 of construction of any project under this section—

8 (1) shall be 35 percent; and

9 (2) shall include the costs of all land, easements,

10 rights-of-way, and necessary relocations.

11 (c) AGREEMENTS.—Construction of a project under

12 this section shall commence only after a non-Federal inter13 est has entered into a binding agreement with the Secretary

14 to pay—

15 (1) the non-Federal share of the costs of construc16 tion required under subsection (b); and

17 (2) in accordance with regulations promulgated

18 by the Secretary, 100 percent of the costs of any oper19 ation, maintenance, replacement, or rehabilitation of

20 the project.

21 (d) LIMITATION.—Not more than $5,000,000 in Fed22 eral funds may be allocated under this section for a project

23 at any 1 location.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section
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1 $25,000,000 for each fiscal year beginning after the date

2 of enactment of this Act.

3 SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

4 Section 560 of the Water Resources Development Act

5 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amended—

6 (1) by striking subsection (f);

7 (2) by redesignating subsections (a) through (e)

8 as subsections (b) through (f), respectively;

9 (3) by inserting before subsection (b) (as redesig10 nated by paragraph (2)) the following:

11 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In

12 this section, the term ‘non-Federal interest’ includes, with

13 the consent of the affected local government, nonprofit enti14 ties, notwithstanding section 221 of the Flood Control Act

15 of 1970 (42 U.S.C. 1962d–5b).’’;

16 (4) in subsection (b) (as redesignated by para17 graph (2))—

18 (A) by inserting ‘‘, and construction’’ before

19 ‘‘assistance’’; and

20 (B) by inserting ‘‘, including, with the con21 sent of the affected local government, nonprofit

22 entities,’’ after ‘‘non-Federal interests’’;

23 (5) in paragraph (3) of subsection (c) (as redes24 ignated by paragraph (2))—
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1 (A) by inserting ‘‘physical hazards and’’

2 after ‘‘adverse’’; and

3 (B) by striking ‘‘drainage from’’;

4 (6) in subsection (d) (as redesignated by para5 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; and

6 (7) by adding at the end the following:

7 ‘‘(g) OPERATION AND MAINTENANCE.—The non-Fed8 eral share of the costs of operation and maintenance for

9 a project carried out under this section shall be 100 percent.

10 ‘‘(h) NO EFFECT ON LIABILITY.—The provision of as11 sistance under this section shall not relieve from liability

12 any person that would otherwise be liable under Federal

13 or State law for damages, response costs, natural resource

14 damages, restitution, equitable relief, or any other relief.

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section for

17 each fiscal year $45,000,000, to remain available until ex18 pended.’’.

19 SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION

20 AND REMOVAL OF DAMS.

21 (a) IN GENERAL.—The Secretary may carry out a

22 small dam removal or rehabilitation project if the Secretary

23 determines that the project will improve the quality of the

24 environment or is in the public interest.
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1 (b) COST SHARING.—A non-Federal interest shall pro2 vide 35 percent of the cost of the removal or remediation

3 of any project carried out under this section, including pro4 vision of all land, easements, rights-of-way, and necessary

5 relocations.

6 (c) AGREEMENTS.—Construction of a project under

7 this section shall be commenced only after a non-Federal

8 interest has entered into a binding agreement with the Sec9 retary to pay—

10 (1) the non-Federal share of the costs of construc11 tion required by this section; and

12 (2) 100 percent of any operation and mainte13 nance cost.

14 (d) COST LIMITATION.—Not more than $5,000,000 in

15 Federal funds may be allotted under this section for a

16 project at any single location.

17 (e) FUNDING.—There is authorized to be appropriated

18 to carry out this section $25,000,000 for each fiscal year.

19 SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

20 (a) IN GENERAL.—The Secretary shall develop eligi21 bility criteria for Federal participation in navigation

22 projects located in economically disadvantaged commu23 nities that are—

24 (1) dependent on water transportation for sub25 sistence; and
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1 (2) located in—

2 (A) remote areas of the United States;

3 (B) American Samoa;

4 (C) Guam;

5 (D) the Commonwealth of the Northern

6 Mariana Islands;

7 (E) the Commonwealth of Puerto Rico; or

8 (F) the United States Virgin Islands.

9 (b) ADMINISTRATION.—The criteria developed under

10 this section—

11 (1) shall—

12 (A) provide for economic expansion; and

13 (B) identify opportunities for promoting

14 economic growth; and

15 (2) shall not require project justification solely

16 on the basis of National Economic Development bene17 fits received.

18 SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

19 (a) PARTNERSHIP AGREEMENTS.—Section 221 of the

20 Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is

21 amended—

22 (1) by redesignating subsection (e) as subsection

23 (g); and

24 (2) by inserting after subsection (d) the fol25 lowing:
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1 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Secretary

2 determines that a project needs to be continued for the pur3 pose of public health and safety—

4 ‘‘(1) the non-Federal interest shall pay the in5 creased projects costs, up to an amount equal to 20

6 percent of the original estimated project costs and in

7 accordance with the statutorily-determined cost share;

8 and

9 ‘‘(2) notwithstanding the statutorily-determined

10 Federal share, the Secretary shall pay all increased

11 costs remaining after payment of 20 percent of the in12 creased costs by the non-Federal interest under para13 graph (1).

14 ‘‘(f) LIMITATION.—Nothing in subsection (a) limits the

15 authority of the Secretary to ensure that a partnership

16 agreement meets the requirements of law and policies of the

17 Secretary in effect on the date of execution of the partner18 ship agreement.’’.

19 (b) LOCAL COOPERATION.—Section 912(b) of the

20 Water Resources Development Act of 1986 (100 Stat. 4190)

21 is amended—

22 (1) in paragraph (2)—

23 (A) in the first sentence, by striking ‘‘shall’’

24 and inserting ‘‘may’’; and

25 (B) by striking the second sentence; and
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1 (2) in paragraph (4)—

2 (A) in the first sentence—

3 (i) by striking ‘‘injunction, for’’ and

4 inserting ‘‘injunction and payment of liq5 uidated damages, for’’; and

6 (ii) by striking ‘‘to collect a civil pen7 alty imposed under this section,’’; and

8 (B) in the second sentence, by striking ‘‘any

9 civil penalty imposed under this section,’’ and

10 inserting ‘‘any liquidated damages,’’.

11 (c) APPLICABILITY.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by subsections (a)

14 and (b) shall apply only to partnership agreements

15 entered into after the date of enactment of this Act.

16 (2) EXCEPTION.—Notwithstanding paragraph

17 (1), the district engineer for the district in which a

18 project is located may amend the partnership agree19 ment for the project entered into on or before the date

20 of enactment of this Act—

21 (A) at the request of a non-Federal interest

22 for a project; and

23 (B) if construction on the project has not

24 been initiated as of the date of enactment of this

25 Act.
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1 (d) REFERENCES.—

2 (1) COOPERATION AGREEMENTS.—Any reference

3 in a law, regulation, document, or other paper of the

4 United States to a cooperation agreement or project

5 cooperation agreement shall be considered to be a ref6 erence to a partnership agreement or a project part7 nership agreement, respectively.

8 (2) PARTNERSHIP AGREEMENTS.—Any reference

9 to a partnership agreement or project partnership

10 agreement in this Act (other than in this section)

11 shall be considered to be a reference to a cooperation

12 agreement or a project cooperation agreement, respec13 tively.

14 SEC. 2040. PROGRAM NAMES.

15 Section 205 of the Flood Control Act of 1948 (33

16 U.S.C. 701s) is amended by striking ‘‘SEC. 205. That the’’

17 and inserting the following:

18 ‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD19 ING AND OBTAIN RISK MINIMIZATION.

20 ‘‘The’’.

21 Subtitle C—National Levee Safety

22 Program

23 SEC. 2051. SHORT TITLE.

24 This subtitle may be cited as the ‘‘National Levee Safe25 ty Program Act of 2006’’.
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1 SEC. 2052. DEFINITIONS.

2 In this subtitle:

3 (1) ASSESSMENT.—The term ‘‘assessment’’

4 means the periodic engineering evaluation of a levee

5 by a registered professional engineer to—

6 (A) review the engineering features of the

7 levee; and

8 (B) develop a risk-based performance eval9 uation of the levee, taking into consideration po10 tential consequences of failure or overtopping of

11 the levee.

12 (2) COMMITTEE.—The term ‘‘Committee’’ means

13 the National Levee Safety Committee established by

14 section 2053(a).

15 (3) INSPECTION.—The term ‘‘inspection’’ means

16 an annual review of a levee to verify whether the

17 owner or operator of the levee is conducting required

18 operation and maintenance in accordance with estab19 lished levee maintenance standards.

20 (4) LEVEE.—The term ‘‘levee’’ means an em21 bankment (including a floodwall) that—

22 (A) is designed, constructed, or operated for

23 the purpose of flood or storm damage reduction;

24 (B) reduces the risk of loss of human life or

25 risk to the public safety; and
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1 (C) is not otherwise defined as a dam by the

2 Federal Guidelines for Dam Safety.

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Army, acting through the Chief

5 of Engineers.

6 (6) STATE.—The term ‘‘State’’ means—

7 (A) a State;

8 (B) the District of Columbia;

9 (C) the Commonwealth of Puerto Rico; and

10 (D) any other territory or possession of the

11 United States.

12 (7) STATE LEVEE SAFETY AGENCY.—The term

13 ‘‘State levee safety agency’’ means the State agency

14 that has regulatory authority over the safety of any

15 non-Federal levee in a State.

16 (8) UNITED STATES.—The term ‘‘United States’’,

17 when used in a geographical sense, means all of the

18 States.

19 SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—The Secretary shall establish

22 a National Levee Safety Committee, consisting of rep23 resentatives of Federal agencies and State, tribal, and

24 local governments, in accordance with this subsection.

25 (2) FEDERAL AGENCIES.—
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1 (A) IN GENERAL.—The head of each Federal

2 agency and the head of the International Bound3 ary Waters Commission may designate a rep4 resentative to serve on the Committee.

5 (B) ACTION BY SECRETARY.—The Secretary

6 shall ensure, to the maximum extent practicable,

7 that—

8 (i) each Federal agency that designs,

9 owns, operates, or maintains a levee is rep10 resented on the Committee; and

11 (ii) each Federal agency that has re12 sponsibility for emergency preparedness or

13 response activities is represented on the

14 Committee.

15 (3) TRIBAL, STATE, AND LOCAL GOVERN16 MENTS.—

17 (A) IN GENERAL.—The Secretary shall ap18 point 8 members to the Committee—

19 (i) 3 of whom shall represent tribal

20 governments affected by levees, based on rec21 ommendations of tribal governments;

22 (ii) 3 of whom shall represent State

23 levee safety agencies, based on recommenda24 tions of Governors of the States; and
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1 (iii) 2 of whom shall represent local

2 governments, based on recommendations of

3 Governors of the States.

4 (B) REQUIREMENT.—In appointing mem5 bers under subparagraph (A), the Secretary shall

6 ensure broad geographic representation, to the

7 maximum extent practicable.

8 (4) CHAIRPERSON.—The Secretary shall serve as

9 Chairperson of the Committee.

10 (5) OTHER MEMBERS.—The Secretary, in con11 sultation with the Committee, may invite to partici12 pate in meetings of the Committee, as appropriate, 1

13 or more of the following:

14 (A) Representatives of the National Labora15 tories.

16 (B) Levee safety experts.

17 (C) Environmental organizations.

18 (D) Members of private industry.

19 (E) Any other individual or entity, as the

20 Committee determines to be appropriate.

21 (b) DUTIES.—

22 (1) IN GENERAL.—The Committee shall—

23 (A) advise the Secretary in implementing

24 the national levee safety program under section

25 2054;
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1 (B) support the establishment and mainte2 nance of effective programs, policies, and guide3 lines to enhance levee safety for the protection of

4 human life and property throughout the United

5 States; and

6 (C) support coordination and information

7 exchange between Federal agencies and State

8 levee safety agencies that share common problems

9 and responsibilities relating to levee safety, in10 cluding planning, design, construction, oper11 ation, emergency action planning, inspections,

12 maintenance, regulation or licensing, technical

13 or financial assistance, research, and data man14 agement.

15 (c) POWERS.—

16 (1) INFORMATION FROM FEDERAL AGENCIES.—

17 (A) IN GENERAL.—The Committee may se18 cure directly from a Federal agency such infor19 mation as the Committee considers to be nec20 essary to carry out this section.

21 (B) PROVISION OF INFORMATION.—On re22 quest of the Committee, the head of a Federal

23 agency shall provide the information to the Com24 mittee.
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1 (2) CONTRACTS.—The Committee may enter into

2 any contract the Committee determines to be nec3 essary to carry out a duty of the Committee.

4 (d) WORKING GROUPS.—

5 (1) IN GENERAL.—The Secretary may establish

6 working groups to assist the Committee in carrying

7 out this section.

8 (2) MEMBERSHIP.—A working group under

9 paragraph (1) shall be composed of—

10 (A) members of the Committee; and

11 (B) any other individual, as the Secretary

12 determines to be appropriate.

13 (e) COMPENSATION OF MEMBERS.—

14 (1) FEDERAL EMPLOYEES.—A member of the

15 Committee who is an officer or employee of the

16 United States shall serve without compensation in ad17 dition to compensation received for the services of the

18 member as an officer or employee of the United

19 States.

20 (2) OTHER MEMBERS.—A member of the Com21 mittee who is not an officer or employee of the United

22 States shall serve without compensation.

23 (f) TRAVEL EXPENSES.—

24 (1) REPRESENTATIVES OF FEDERAL AGEN25 CIES.—To the extent amounts are made available in
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1 advance in appropriations Acts, a member of the

2 Committee who represents a Federal agency shall be

3 reimbursed with appropriations for travel expenses by

4 the agency of the member, including per diem in lieu

5 of subsistence, at rates authorized for an employee of

6 an agency under subchapter I of chapter 57 of title

7 5, United States Code, while away from home or reg8 ular place of business of the member in the perform9 ance of services for the Committee.

10 (2) OTHER INDIVIDUALS.—To the extent

11 amounts are made available in advance in appro12 priations Acts, a member of the Committee who rep13 resents a State levee safety agency, a member of the

14 Committee who represents the private sector, and a

15 member of a working group created under subsection

16 (d) shall be reimbursed for travel expenses by the Sec17 retary, including per diem in lieu of subsistence, at

18 rates authorized for an employee of an agency under

19 subchapter 1 of chapter 57 of title 5, United States

20 Code, while away from home or regular place of busi21 ness of the member in performance of services for the

22 Committee.

23 (g) NONAPPLICABILITY OF FACA.—The Federal Advi24 sory Committee Act (5 U.S.C. App.) shall not apply to the

25 Committee.
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1 SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

2 (a) IN GENERAL.—The Secretary, in consultation with

3 the Committee and State levee safety agencies, shall estab4 lish and maintain a national levee safety program.

5 (b) PURPOSES.—The purposes of the program under

6 this section are—

7 (1) to ensure that new and existing levees are

8 safe through the development of technologically and

9 economically feasible programs and procedures for

10 hazard reduction relating to levees;

11 (2) to encourage appropriate engineering policies

12 and procedures to be used for levee site investigation,

13 design, construction, operation and maintenance, and

14 emergency preparedness;

15 (3) to encourage the establishment and imple16 mentation of effective levee safety programs in each

17 State;

18 (4) to develop and support public education and

19 awareness projects to increase public acceptance and

20 support of State levee safety programs;

21 (5) to develop technical assistance materials for

22 Federal and State levee safety programs;

23 (6) to develop methods of providing technical as24 sistance relating to levee safety to non-Federal enti25 ties; and
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1 (7) to develop technical assistance materials,

2 seminars, and guidelines to improve the security of

3 levees in the United States.

4 (c) STRATEGIC PLAN.—In carrying out the program

5 under this section, the Secretary, in coordination with the

6 Committee, shall prepare a strategic plan—

7 (1) to establish goals, priorities, and target dates

8 to improve the safety of levees in the United States;

9 (2) to cooperate and coordinate with, and pro10 vide assistance to, State levee safety agencies, to the

11 maximum extent practicable;

12 (3) to share information among Federal agencies,

13 State and local governments, and private entities re14 lating to levee safety; and

15 (4) to provide information to the public relating

16 to risks associated with levee failure or overtopping.

17 (d) FEDERAL GUIDELINES.—

18 (1) IN GENERAL.—In carrying out the program

19 under this section, the Secretary, in coordination

20 with the Committee, shall establish Federal guidelines

21 relating to levee safety.

22 (2) INCORPORATION OF FEDERAL ACTIVITIES.—

23 The Federal guidelines under paragraph (1) shall in24 corporate, to the maximum extent practicable, any
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1 activity carried out by a Federal agency as of the

2 date on which the guidelines are established.

3 (e) INCORPORATION OF EXISTING ACTIVITIES.—The

4 program under this section shall incorporate, to the max5 imum extent practicable—

6 (1) any activity carried out by a State or local

7 government, or a private entity, relating to the con8 struction, operation, or maintenance of a levee; and

9 (2) any activity carried out by a Federal agency

10 to support an effort by a State levee safety agency to

11 develop and implement an effective levee safety pro12 gram.

13 (f) INVENTORY OF LEVEES.—The Secretary shall de14 velop, maintain, and periodically publish an inventory of

15 levees in the United States, including the results of any

16 levee assessment conducted under this section and inspec17 tion.

18 (g) ASSESSMENTS OF LEVEES.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), as soon as practicable after the date of en21 actment of this Act, the Secretary shall conduct an as22 sessment of each levee in the United States that pro23 tects human life or the public safety to determine the

24 potential for a failure or overtopping of the levee that
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1 would pose a risk of loss of human life or a risk to

2 the public safety.

3 (2) EXCEPTION.—The Secretary may exclude

4 from assessment under paragraph (1) any non-Fed5 eral levee the failure or overtopping of which would

6 not pose a risk of loss of human life or a risk to the

7 public safety.

8 (3) PRIORITIZATION.—In determining the order

9 in which to assess levees under paragraph (1), the

10 Secretary shall give priority to levees the failure or

11 overtopping of which would constitute the highest risk

12 of loss of human life or a risk to the public safety,

13 as determined by the Secretary.

14 (4) DETERMINATION.—In assessing levees under

15 paragraph (1), the Secretary shall take into consider16 ation the potential of a levee to fail or overtop because

17 of—

18 (A) hydrologic or hydraulic conditions;

19 (B) storm surges;

20 (C) geotechnical conditions;

21 (D) inadequate operating procedures;

22 (E) structural, mechanical, or design defi23 ciencies; or

24 (F) other conditions that exist or may occur

25 in the vicinity of the levee.
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1 (5) STATE PARTICIPATION.—On request of a

2 State levee safety agency, with respect to any levee the

3 failure of which would affect the State, the Secretary

4 shall—

5 (A) provide information to the State levee

6 safety agency relating to the construction, oper7 ation, and maintenance of the levee; and

8 (B) allow an official of the State levee safe9 ty agency to participate in the assessment of the

10 levee.

11 (6) REPORT.—As soon as practicable after the

12 date on which a levee is assessed under this section,

13 the Secretary shall provide to the Governor of the

14 State in which the levee is located a notice describing

15 the results of the assessment, including—

16 (A) a description of the results of the assess17 ment under this subsection;

18 (B) a description of any hazardous condi19 tion discovered during the assessment; and

20 (C) on request of the Governor, information

21 relating to any remedial measure necessary to

22 mitigate or avoid any hazardous condition dis23 covered during the assessment.

24 (7) SUBSEQUENT ASSESSMENTS.—
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1 (A) IN GENERAL.—After the date on which

2 a levee is initially assessed under this subsection,

3 the Secretary shall conduct a subsequent assess4 ment of the levee not less frequently than once

5 every 5 years.

6 (B) STATE ASSESSMENT OF NON-FEDERAL

7 LEVEES.—

8 (i) IN GENERAL.—Each State shall

9 conduct assessments of non-Federal levees

10 located within the State in accordance with

11 the applicable State levee safety program.

12 (ii) AVAILABILITY OF INFORMATION.—

13 Each State shall make the results of the as14 sessments under clause (i) available for in15 clusion in the national inventory under

16 subsection (f).

17 (iii) NON-FEDERAL LEVEES.—

18 (I) IN GENERAL.—On request of

19 the Governor of a State, the Secretary

20 may assess a non-Federal levee in the

21 State.

22 (II) COST.—The State shall pay

23 100 percent of the cost of an assessment

24 under subclause (I).
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1 (III) FUNDING.—The Secretary

2 may accept funds from any levee

3 owner for the purposes of conducting

4 engineering assessments to determine

5 the performance and structural integ6 rity of a levee.

7 (h) STATE LEVEE SAFETY PROGRAMS.—

8 (1) ASSISTANCE TO STATES.—In carrying out

9 the program under this section, the Secretary shall

10 provide funds to State levee safety agencies (or an11 other appropriate State agency, as designated by the

12 Governor of the State) to assist States in establishing,

13 maintaining, and improving levee safety programs.

14 (2) APPLICATION.—

15 (A) IN GENERAL.—To receive funds under

16 this subsection, a State levee safety agency shall

17 submit to the Secretary an application in such

18 time, in such manner, and containing such in19 formation as the Secretary may require.

20 (B) INCLUSION.—An application under sub21 paragraph (A) shall include an agreement be22 tween the State levee safety agency and the Sec23 retary under which the State levee safety agency

24 shall, in accordance with State law—
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1 (i) review and approve plans and spec2 ifications to construct, enlarge, modify, re3 move, or abandon a levee in the State;

4 (ii) perform periodic evaluations dur5 ing levee construction to ensure compliance

6 with the approved plans and specifications;

7 (iii) approve the construction of a levee

8 in the State before the date on which the

9 levee becomes operational;

10 (iv) assess, at least once every 5 years,

11 all levees and reservoirs in the State the

12 failure of which would cause a significant

13 risk of loss of human life or risk to the pub14 lic safety to determine whether the levees

15 and reservoirs are safe;

16 (v) establish a procedure for more de17 tailed and frequent safety evaluations;

18 (vi) ensure that assessments are led by

19 a State-registered professional engineer with

20 related experience in levee design and con21 struction;

22 (vii) issue notices, if necessary, to re23 quire owners of levees to perform necessary

24 maintenance or remedial work, improve se-
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1 curity, revise operating procedures, or take

2 other actions, including breaching levees;

3 (viii) contribute funds to—

4 (I) ensure timely repairs or other

5 changes to, or removal of, a levee in

6 order to reduce the risk of loss of

7 human life and the risk to public safe8 ty; and

9 (II) if the owner of a levee does

10 not take an action described in sub11 clause (I), take appropriate action as

12 expeditiously as practicable;

13 (ix) establish a system of emergency

14 procedures and emergency response plans to

15 be used if a levee fails or if the failure of

16 a levee is imminent;

17 (x) identify—

18 (I) each levee the failure of which

19 could be reasonably expected to endan20 ger human life;

21 (II) the maximum area that could

22 be flooded if a levee failed; and

23 (III) necessary public facilities

24 that would be affected by the flooding;

25 and
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1 (xi) for the period during which the

2 funds are provided, maintain or exceed the

3 aggregate expenditures of the State during

4 the 2 fiscal years preceding the fiscal year

5 during which the funds are provided to en6 sure levee safety.

7 (3) DETERMINATION OF SECRETARY.—

8 (A) IN GENERAL.—Not later than 120 days

9 after the date on which the Secretary receives an

10 application under paragraph (2), the Secretary

11 shall approve or disapprove the application.

12 (B) NOTICE OF DISAPPROVAL.—If the Sec13 retary disapproves an application under sub14 paragraph (A), the Secretary shall immediately

15 provide to the State levee safety agency a written

16 notice of the disapproval, including a description

17 of—

18 (i) the reasons for the disapproval; and

19 (ii) changes necessary for approval of

20 the application, if any.

21 (C) FAILURE TO DETERMINE.—If the Sec22 retary fails to make a determination by the

23 deadline under subparagraph (A), the applica24 tion shall be considered to be approved.
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1 (4) REVIEW OF STATE LEVEE SAFETY PRO2 GRAMS.—

3 (A) IN GENERAL.—The Secretary, in con4 junction with the Committee, may periodically

5 review any program carried out using funds

6 under this subsection.

7 (B) INADEQUATE PROGRAMS.—If the Sec8 retary determines under a review under subpara9 graph (A) that a program is inadequate to rea10 sonably protect human life and property, the

11 Secretary shall, until the Secretary determines

12 the program to be adequate—

13 (i) revoke the approval of the program;

14 and

15 (ii) withhold assistance under this sub16 section.

17 (i) REPORTING.—Not later than 90 days after the end

18 of each odd-numbered fiscal year, the Secretary, in con19 sultation with the Committee, shall submit to Congress a

20 report describing—

21 (1) the status of the program under this section;

22 (2) the progress made by Federal agencies during

23 the 2 preceding fiscal years in implementing Federal

24 guidelines for levee safety;
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1 (3) the progress made by State levee safety agen2 cies participating in the program; and

3 (4) recommendations for legislative or other ac4 tion that the Secretary considers to be necessary, if

5 any.

6 (j) RESEARCH.—The Secretary, in coordination with

7 the Committee, shall carry out a program of technical and

8 archival research to develop and support—

9 (1) improved techniques, historical experience,

10 and equipment for rapid and effective levee construc11 tion, rehabilitation, and assessment or inspection;

12 (2) the development of devices for the continued

13 monitoring of levee safety;

14 (3) the development and maintenance of infor15 mation resources systems required to manage levee

16 safety projects; and

17 (4) public policy initiatives and other improve18 ments relating to levee safety engineering, security,

19 and management.

20 (k) PARTICIPATION BY STATE LEVEE SAFETY AGEN21 CIES.—In carrying out the levee safety program under this

22 section, the Secretary shall—

23 (1) solicit participation from State levee safety

24 agencies; and
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1 (2) periodically update State levee safety agen2 cies and Congress on the status of the program.

3 (l) LEVEE SAFETY TRAINING.—The Secretary, in con4 sultation with the Committee, shall establish a program

5 under which the Secretary shall provide training for State

6 levee safety agency staff and inspectors to a State that has,

7 or intends to develop, a State levee safety program, on re8 quest of the State.

9 (m) EFFECT OF SUBTITLE.—Nothing in this

10 subtitle—

11 (1) creates any Federal liability relating to the

12 recovery of a levee caused by an action or failure to

13 act;

14 (2) relieves an owner or operator of a levee of

15 any legal duty, obligation, or liability relating to the

16 ownership or operation of the levee; or

17 (3) except as provided in subsection

18 (g)(7)(B)(iii)(III), preempts any applicable Federal

19 or State law.

20 SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the

22 Secretary—

23 (1) $50,000,000 to establish and maintain the

24 inventory under section 2054(f);
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1 (2) $424,000,000 to carry out levee safety assess2 ments under section 2054(g);

3 (3) to provide funds for State levee safety pro4 grams under section 2054(h)—

5 (A) $15,000,000 for fiscal year 2007; and

6 (B) $5,000,000 for each of fiscal years 2008

7 through 2011;

8 (4) $2,000,000 to carry out research under sec9 tion 2054(j);

10 (5) $1,000,000 to carry out levee safety training

11 under section 2054(l); and

12 (6) $150,000 to provide travel expenses to mem13 bers of the Committee under section 2053(f).

14 TITLE III—PROJECT-RELATED

15 PROVISIONS

16 SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,

17 ALASKA.

18 The Secretary shall carry out, on an emergency basis,

19 necessary removal of rubble, sediment, and rock impeding

20 the entrance to the St. Herman and St. Paul Harbors, Ko21 diak, Alaska, at a Federal cost of $2,000,000.

22 SEC. 3002. SITKA, ALASKA.

23 The Sitka, Alaska, element of the project for naviga24 tion, Southeast Alaska Harbors of Refuge, Alaska, author25 ized by section 101 of the Water Resources Development Act
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1 of 1992 (106 Stat. 4801), is modified to direct the Secretary

2 to take such action as is necessary to correct design defi3 ciencies in the Sitka Harbor Breakwater, at full Federal

4 expense. The estimated cost is $6,300,000.

5 SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

6 (a) IN GENERAL.—The Secretary shall construct a new

7 project management office located in the city of Tuscaloosa,

8 Alabama, at a location within the vicinity of the city, at

9 full Federal expense.

10 (b) TRANSFER OF LAND AND STRUCTURES.—The Sec11 retary shall sell, convey, or otherwise transfer to the city

12 of Tuscaloosa, Alabama, at fair market value, the land and

13 structures associated with the existing project management

14 office, if the city agrees to assume full responsibility for

15 demolition of the existing project management office.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out subsection (a)

18 $32,000,000.

19 SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA.

20 The project for flood damage reduction, Rio De Flag,

21 Flagstaff, Arizona, authorized by section 101(b)(3) of the

22 Water Resources Development Act of 2000 (114 Stat. 2576),

23 is modified to authorize the Secretary to construct the

24 project at a total cost of $54,100,000, with an estimated
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1 Federal cost of $35,000,000 and a non-Federal cost of

2 $19,100,000.

3 SEC. 3005. AUGUSTA AND CLARENDON, ARKANSAS.

4 The Secretary may carry out rehabilitation of author5 ized and completed levees on the White River between Au6 gusta and Clarendon, Arkansas, at a total estimated cost

7 of $8,000,000, with an estimated Federal cost of $5,200,000

8 and an estimated non-Federal cost of $2,800,000.

9 SEC. 3006. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS

10 AND LOUISIANA.

11 (a) IN GENERAL.—Section 204 of the Flood Control

12 Act of 1950 (64 Stat. 170) is amended in the matter under

13 the heading ‘‘RED-OUACHITA RIVER BASIN’’ by strik14 ing ‘‘at Calion, Arkansas’’ and inserting ‘‘improvements at

15 Calion, Arkansas (including authorization for the com16 prehensive flood-control project for Ouachita River and

17 tributaries, incorporating in the project all flood control,

18 drainage, and power improvements in the basin above the

19 lower end of the left bank Ouachita River levee)’’.

20 (b) MODIFICATION.—Section 3 of the Act of August 18,

21 1941 (55 Stat. 642, chapter 377), is amended in the second

22 sentence of subsection (a) in the matter under the heading

23 ‘‘LOWER MISSISSIPPI RIVER’’ by inserting before the

24 period at the end the following: ‘‘Provided, That the

25 Ouachita River Levees, Louisiana, authorized by the first
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1 section of the Act of May 15, 1928 (45 Stat. 534, chapter

2 569), shall remain as a component of the Mississippi River

3 and Tributaries Project and afforded operation and mainte4 nance responsibilities as directed in section 3 of that Act

5 (45 Stat. 535)’’.

6 SEC. 3007. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

7 (a) IN GENERAL.—The project for flood control, St.

8 Francis River Basin, Arkansas, and Missouri, authorized

9 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), as

10 modified, is further modified to authorize the Secretary to

11 undertake channel stabilization and sediment removal

12 measures on the St. Francis River and tributaries as an

13 integral part of the original project.

14 (b) NO SEPARABLE ELEMENT.—The measures under15 taken under subsection (a) shall not be considered to be a

16 separable element of the project.

17 SEC. 3008. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS

18 AND MISSOURI.

19 (a) IN GENERAL.—The Secretary shall convey to the

20 State of Arkansas, without monetary consideration and

21 subject to subsection (b), all right, title, and interest to land

22 within the State acquired by the Federal Government as

23 mitigation land for the project for flood control, St. Francis

24 Basin, Arkansas and Missouri Project, authorized by the
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1 Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly

2 known as the ‘‘Flood Control Act of 1928’’).

3 (b) TERMS AND CONDITIONS.—

4 (1) IN GENERAL.—The conveyance by the United

5 States under this section shall be subject to—

6 (A) the condition that the State of Arkansas

7 (including the successors and assigns of the

8 State) agree to operate, maintain, and manage

9 the land at no cost or expense to the United

10 States and for fish and wildlife, recreation, and

11 environmental purposes; and

12 (B) such other terms and conditions as the

13 Secretary determines to be in the interest of the

14 United States.

15 (2) REVERSION.—If the State (or a successor or

16 assign of the State) ceases to operate, maintain, and

17 manage the land in accordance with this subsection,

18 all right, title, and interest in and to the property

19 shall revert to the United States, at the option of the

20 Secretary.

21 SEC. 3009. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA22 TION SYSTEM, ARKANSAS AND OKLAHOMA.

23 (a) NAVIGATION CHANNEL.—The Secretary shall con24 tinue construction of the McClellan-Kerr Arkansas River

25 Navigation System, Arkansas and Oklahoma, to operate
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1 and maintain the navigation channel to the authorized

2 depth of the channel, in accordance with section 136 of the

3 Energy and Water Development Appropriations Act, 2004

4 (Public Law 108–137; 117 Stat. 1842).

5 (b) MITIGATION.—

6 (1) IN GENERAL.—As mitigation for any inci7 dental taking relating to the McClellan-Kerr Naviga8 tion System, the Secretary shall determine the need

9 for, and construct modifications in, the structures and

10 operations of the Arkansas River in the area of Tulsa

11 County, Oklahoma, including the construction of low

12 water dams and islands to provide nesting and for13 aging habitat for the interior least tern, in accordance

14 with the study entitled ‘‘Arkansas River Corridor

15 Master Plan Planning Assistance to States’’.

16 (2) COST SHARING.—The non-Federal share of

17 the cost of a project under this subsection shall be 35

18 percent.

19 (3) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to carry out

21 this subsection $12,000,000.

22 SEC. 3010. CACHE CREEK BASIN, CALIFORNIA.

23 (a) IN GENERAL.—The project for flood control, Cache

24 Creek Basin, California, authorized by section 401(a) of the

25 Water Resources Development Act of 1986 (100 Stat. 4112),
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1 is modified to direct the Secretary to mitigate the impacts

2 of the new south levee of the Cache Creek settling basin on

3 the storm drainage system of the city of Woodland, includ4 ing all appurtenant features, erosion control measures, and

5 environmental protection features.

6 (b) OBJECTIVES.—Mitigation under subsection (a)

7 shall restore the pre-project capacity of the city (1,360 cubic

8 feet per second) to release water to the Yolo Bypass,

9 including—

10 (1) channel improvements;

11 (2) an outlet work through the west levee of the

12 Yolo Bypass; and

13 (3) a new low flow cross channel to handle city

14 and county storm drainage and settling basin flows

15 (1,760 cubic feet per second) when the Yolo Bypass is

16 in a low flow condition.

17 SEC. 3011. CALFED LEVEE STABILITY PROGRAM, CALI18 FORNIA.

19 In addition to funds made available pursuant to the

20 Water Supply, Reliability, and Environmental Improve21 ment Act (Public Law 108–361) to carry out section

22 103(f)(3)(D) of that Act (118 Stat. 1696), there is author23 ized to be appropriated to carry out projects described in

24 that section $106,000,000, to remain available until ex25 pended.
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1 SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA.

2 The project for environmental restoration, Hamilton

3 Airfield, California, authorized by section 101(b)(3) of the

4 Water Resources Development Act of 1999 (113 Stat. 279),

5 is modified to include the diked bayland parcel known as

6 ‘‘Bel Marin Keys Unit V’’ at an estimated total cost of

7 $221,700,000, with an estimated Federal cost of

8 $166,200,000 and an estimated non-Federal cost of

9 $55,500,000, as part of the project to be carried out by the

10 Secretary substantially in accordance with the plans, and

11 subject to the conditions, recommended in the final report

12 of the Chief of Engineers dated July 19, 2004.

13 SEC. 3013. LA–3 DREDGED MATERIAL OCEAN DISPOSAL SITE

14 DESIGNATION, CALIFORNIA.

15 Section 102(c)(4) of the Marine Protection, Research,

16 and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is

17 amended in the third sentence by striking ‘‘January 1,

18 2003’’ and inserting ‘‘January 1, 2007’’.

19 SEC. 3014. LARKSPUR FERRY CHANNEL, CALIFORNIA.

20 (a) REPORT.—The project for navigation, Larkspur

21 Ferry Channel, Larkspur, California, authorized by section

22 601(d) of the Water Resources Development Act of 1986

23 (100 Stat. 4148), is modified to direct the Secretary to pre24 pare a limited reevaluation report to determine whether

25 maintenance of the project is feasible.
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1 (b) AUTHORIZATION OF PROJECT.—If the Secretary

2 determines that maintenance of the project is feasible, the

3 Secretary shall carry out the maintenance.

4 SEC. 3015. LLAGAS CREEK, CALIFORNIA.

5 The project for flood damage reduction, Llagas Creek,

6 California, authorized by section 501(a) of the Water Re7 sources Development Act of 1999 (113 Stat. 333), is modi8 fied to authorize the Secretary to complete the project, in

9 accordance with the requirements of local cooperation as

10 specified in section 5 of the Watershed Protection and Flood

11 Prevention Act (16 U.S.C. 1005), at a total remaining cost

12 of $105,000,000, with an estimated remaining Federal cost

13 of $65,000,000 and an estimated remaining non-Federal

14 cost of $40,000,000.

15 SEC. 3016. MAGPIE CREEK, CALIFORNIA.

16 (a) IN GENERAL.—Subject to subsection (b), the project

17 for Magpie Creek, California, authorized by section 205 of

18 the Flood Control Act of 1948 (33 U.S.C. 701s), is modified

19 to direct the Secretary to apply the cost-sharing require20 ments applicable to nonstructural flood control under sec21 tion 103(b) of the Water Resources Development Act of 1986

22 (100 Stat. 4085) for the portion of the project consisting

23 of land acquisition to preserve and enhance existing flood24 water storage.
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1 (b) CREDITING.—The crediting allowed under sub2 section (a) shall not exceed the non-Federal share of the cost

3 of the project.

4 SEC. 3017. PINE FLAT DAM FISH AND WILDLIFE HABITAT,

5 CALIFORNIA.

6 (a) COOPERATIVE PROGRAM.—

7 (1) IN GENERAL.—The Secretary shall partici8 pate with appropriate State and local agencies in the

9 implementation of a cooperative program to improve

10 and manage fisheries and aquatic habitat conditions

11 in Pine Flat Reservoir and in the 14-mile reach of

12 the Kings River immediately below Pine Flat Dam,

13 California, in a manner that—

14 (A) provides for long-term aquatic resource

15 enhancement; and

16 (B) avoids adverse effects on water storage

17 and water rights holders.

18 (2) GOALS AND PRINCIPLES.—The cooperative

19 program described in paragraph (1) shall be carried

20 out—

21 (A) substantially in accordance with the

22 goals and principles of the document entitled

23 ‘‘Kings River Fisheries Management Program

24 Framework Agreement’’ and dated May 29,

25 1999, between the California Department of Fish
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1 and Game and the Kings River Water Associa2 tion and the Kings River Conservation District;

3 and

4 (B) in cooperation with the parties to that

5 agreement.

6 (b) PARTICIPATION BY SECRETARY.—

7 (1) IN GENERAL.—In furtherance of the goals of

8 the agreement described in subsection (a)(2), the Sec9 retary shall participate in the planning, design, and

10 construction of projects and pilot projects on the

11 Kings River and its tributaries to enhance aquatic

12 habitat and water availability for fisheries purposes

13 (including maintenance of a trout fishery) in accord14 ance with flood control operations, water rights, and

15 beneficial uses in existence as of the date of enactment

16 of this Act.

17 (2) PROJECTS.—Projects referred to in para18 graph (1) may include—

19 (A) projects to construct or improve pump20 ing, conveyance, and storage facilities to enhance

21 water transfers; and

22 (B) projects to carry out water exchanges

23 and create opportunities to use floodwater within

24 and downstream of Pine Flat Reservoir.
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1 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

2 PROJECTS.—Nothing in this section authorizes any project

3 for the raising of Pine Flat Dam or the construction of a

4 multilevel intake structure at Pine Flat Dam.

5 (d) USE OF EXISTING STUDIES.—In carrying out this

6 section, the Secretary shall use, to the maximum extent

7 practicable, studies in existence on the date of enactment

8 of this Act, including data and environmental documenta9 tion in the document entitled ‘‘Final Feasibility Report and

10 Report of the Chief of Engineers for Pine Flat Dam Fish

11 and Wildlife Habitat Restoration’’ and dated July 19,

12 2002.

13 (e) COST SHARING.—

14 (1) PROJECT PLANNING, DESIGN, AND CONSTRUC15 TION.—The Federal share of the cost of planning, de16 sign, and construction of a project under subsection

17 (b) shall be 65 percent.

18 (2) NON-FEDERAL SHARE.—

19 (A) CREDIT FOR LAND, EASEMENTS, AND

20 RIGHTS-OF-WAY.—The Secretary shall credit to21 ward the non-Federal share of the cost of con22 struction of any project under subsection (b) the

23 value, regardless of the date of acquisition, of

24 any land, easements, rights-of-way, dredged ma25 terial disposal areas, or relocations provided by
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1 the non-Federal interest for use in carrying out

2 the project.

3 (B) FORM.—The non-Federal interest may

4 provide not more than 50 percent of the non5 Federal share required under this clause in the

6 form of services, materials, supplies, or other in7 kind contributions.

8 (f) OPERATION AND MAINTENANCE.—The operation,

9 maintenance, repair, rehabilitation, and replacement of

10 projects carried out under this section shall be a non-Fed11 eral responsibility.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $20,000,000, to remain available until expended.

15 SEC. 3018. REDWOOD CITY NAVIGATION PROJECT, CALI16 FORNIA.

17 The Secretary may dredge the Redwood City Naviga18 tion Channel, California, on an annual basis, to maintain

19 the authorized depth of –30 mean lower low water.

20 SEC. 3019. SACRAMENTO AND AMERICAN RIVERS FLOOD

21 CONTROL, CALIFORNIA.

22 (a) CREDIT FOR NON-FEDERAL WORK.—

23 (1) IN GENERAL.—The Secretary shall credit to24 ward that portion of the non-Federal share of the cost

25 of any flood damage reduction project authorized be-
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1 fore the date of enactment of this Act that is to be

2 paid by the Sacramento Area Flood Control Agency

3 an amount equal to the Federal share of the flood con4 trol project authorized by section 9159 of the Depart5 ment of Defense Appropriations Act, 1993 (106 Stat.

6 1944).

7 (2) FEDERAL SHARE.—In determining the Fed8 eral share of the project authorized by section 9159(b)

9 of that Act, the Secretary shall include all audit

10 verified costs for planning, engineering, construction,

11 acquisition of project land, easements, rights-of-way,

12 relocations, and environmental mitigation for all

13 project elements that the Secretary determines to be

14 cost-effective.

15 (3) AMOUNT CREDITED.—The amount credited

16 shall be equal to the Federal share determined under

17 this section, reduced by the total of all reimburse18 ments paid to the non-Federal interests for work

19 under section 9159(b) of that Act before the date of

20 enactment of this Act.

21 (b) FOLSOM DAM.—Section 128(a) of the Energy and

22 Water Development Appropriations Act, 2006 (Public Law

23 109–103; 119 Stat. 2259), is amended—

24 (1) in the first sentence, by striking ‘‘The Sec25 retary’’ and inserting the following:
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1 ‘‘(1) IN GENERAL.—The Secretary’’;

2 (2) in the second sentence, by striking ‘‘The Sec3 retaries’’ and inserting the following:

4 ‘‘(2) TECHNICAL REVIEWS.—The Secretaries’’;

5 (3) in the third sentence, by striking ‘‘In devel6 oping’’ and inserting the following:

7 ‘‘(3) IMPROVEMENTS.—

8 ‘‘(A) IN GENERAL.—In developing’’;

9 (4) in the fourth sentence, by striking ‘‘In con10 ducting’’ and inserting the following:

11 ‘‘(B) USE OF FUNDS.—In conducting’’; and

12 (5) by adding at the end the following:

13 ‘‘(4) PROJECT ALTERNATIVE SOLUTIONS

14 STUDY.—The Secretaries, in cooperation with non15 Federal agencies, are directed to expedite their respec16 tive activities, including the formulation of all nec17 essary studies and decision documents, in furtherance

18 of the collaborative effort known as the ‘Project Alter19 native Solutions Study’, as well as planning, engi20 neering, and design, including preparation of plans

21 and specifications, of any features recommended for

22 authorization by the Secretary of the Army under

23 paragraph (6).

24 ‘‘(5) CONSOLIDATION OF TECHNICAL REVIEWS

25 AND DESIGN ACTIVITIES.—The Secretary of the Army
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1 shall consolidate technical reviews and design activi2 ties for—

3 ‘‘(A) the project for flood damage reduction

4 authorized by section 101(a)(6) of the Water Re5 sources Development Act of 1999 (113 Stat. 274);

6 and

7 ‘‘(B) the project for flood damage reduction,

8 dam safety, and environmental restoration au9 thorized by sections 128 and 134 of the Energy

10 and Water Development Appropriations Act,

11 2004 (117 Stat. 1838, 1842).

12 ‘‘(6) REPORT.—The recommendations of the Sec13 retary of the Army, along with the views of the Sec14 retary of the Interior and relevant non-Federal agen15 cies resulting from the activities directed in para16 graphs (4) and (5), shall be forwarded to the Com17 mittee on Environment and Public Works of the Sen18 ate and the Committee on Transportation and Infra19 structure of the House of Representatives by not later

20 than June 30, 2007, and shall provide status reports

21 by not later than September 30, 2006, and quarterly

22 thereafter.

23 ‘‘(7) EFFECT.—Nothing in this section shall be

24 deemed as deauthorizing the full range of project fea25 tures and parameters of the projects listed in para-
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1 graph (5), nor shall it limit any previous authoriza2 tions granted by Congress.’’.

3 SEC. 3020. CONDITIONAL DECLARATION OF NONNAVIGA4 BILITY, PORT OF SAN FRANCISCO, CALI5 FORNIA.

6 (a) CONDITIONAL DECLARATION OF NONNAVIGA7 BILITY.—If the Secretary determines, in consultation with

8 appropriate Federal and non-Federal entities, that projects

9 proposed to be carried out by non-Federal entities within

10 the portions of the San Francisco, California, waterfront

11 described in subsection (b) are not in the public interest,

12 the portions shall be declared not to be navigable water of

13 the United States for the purposes of section 9 of the Act

14 of March 3, 1899 (33 U.S.C. 401), and the General Bridge

15 Act of 1946 (33 U.S.C. 525 et seq.).

16 (b) PORTIONS OF WATERFRONT.—The portions of the

17 San Francisco, California, waterfront referred to in sub18 section (a) are those that are, or will be, bulkheaded, filled,

19 or otherwise occupied by permanent structures and that are

20 located as follows: beginning at the intersection of the north21 easterly prolongation of the portion of the northwesterly line

22 of Bryant Street lying between Beale Street and Main

23 Street with the southwesterly line of Spear Street, which

24 intersection lies on the line of jurisdiction of the San Fran25 cisco Port Commission; following thence southerly along
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1 said line of jurisdiction as described in the State of Cali2 fornia Harbor and Navigation Code Section 1770, as

3 amended in 1961, to its intersection with the easterly line

4 of Townsend Street along a line that is parallel and distant

5 10 feet from the existing southern boundary of Pier 40 to

6 its point of intersection with the United States Government

7 pier-head line; thence northerly along said pier-head line

8 to its intersection with a line parallel with, and distant

9 10 feet easterly from, the existing easterly boundary line

10 of Pier 30–32; thence northerly along said parallel line and

11 its northerly prolongation, to a point of intersection with

12 a line parallel with, and distant 10 feet northerly from,

13 the existing northerly boundary of Pier 30–32, thence west14 erly along last said parallel line to its intersection with

15 the United States Government pier-head line; to the north16 westerly line of Bryan Street northwesterly; thence south17 westerly along said northwesterly line of Bryant Street to

18 the point of beginning.

19 (c) REQUIREMENT THAT AREA BE IMPROVED.—If, by

20 the date that is 20 years after the date of enactment of this

21 Act, any portion of the San Francisco, California, water22 front described in subsection (b) has not been bulkheaded,

23 filled, or otherwise occupied by 1 or more permanent struc24 tures, or if work in connection with any activity carried

25 out pursuant to applicable Federal law requiring a permit,
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1 including sections 9 and 10 of the Act of March 3, 1899

2 (33 U.S.C. 401), is not commenced by the date that is 5

3 years after the date of issuance of such a permit, the dec4 laration of nonnavigability for the portion under this sec5 tion shall cease to be effective.

6 SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA.

7 (a) DEFINITIONS.—In this section:

8 (1) SALTON SEA AUTHORITY.—The term ‘‘Salton

9 Sea Authority’’ means the Joint Powers Authority es10 tablished under the laws of the State of California by

11 a joint power agreement signed on June 2, 1993.

12 (2) SALTON SEA SCIENCE OFFICE.—The term

13 ‘‘Salton Sea Science Office’’ means the Office estab14 lished by the United States Geological Survey and

15 currently located in La Quinta, California.

16 (b) PILOT PROJECTS.—

17 (1) IN GENERAL.—The Secretary shall review the

18 preferred restoration concept plan approved by the

19 Salton Sea Authority to determine that the pilot

20 projects are economically justified, technically sound,

21 environmentally acceptable, and meet the objectives of

22 the Salton Sea Reclamation Act (Public Law 105–

23 372). If the Secretary makes a positive determination,

24 the Secretary may enter into an agreement with the

25 Salton Sea Authority and, in consultation with the
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1 Salton Sea Science Office, carry out the pilot project

2 for improvement of the environment in the Salton

3 Sea, except that the Secretary shall be a party to each

4 contract for construction under this subsection.

5 (2) LOCAL PARTICIPATION.—In prioritizing pilot

6 projects under this section, the Secretary shall—

7 (A) consult with the Salton Sea Authority

8 and the Salton Sea Science Office; and

9 (B) consider the priorities of the Salton Sea

10 Authority.

11 (3) COST SHARING.—Before carrying out a pilot

12 project under this section, the Secretary shall enter

13 into a written agreement with the Salton Sea Author14 ity that requires the non-Federal interest to—

15 (A) pay 35 percent of the total costs of the

16 pilot project;

17 (B) acquire any land, easements, rights-of18 way, relocations, and dredged material disposal

19 areas necessary to carry out the pilot project;

20 and

21 (C) hold the United States harmless from

22 any claim or damage that may arise from car23 rying out the pilot project, except any claim or

24 damage that may arise from the negligence of the
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1 Federal Government or a contractor of the Fed2 eral Government.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out subsection (b)

5 $26,000,000, of which not more than $5,000,000 may be

6 used for any 1 pilot project under this section.

7 SEC. 3022. SANTA BARBARA STREAMS, LOWER MISSION

8 CREEK, CALIFORNIA.

9 The project for flood damage reduction, Santa Barbara

10 Streams, Lower Mission Creek, California, authorized by

11 section 101(b)(8) of the Water Resources Development Act

12 of 2000 (114 Stat. 2577), is modified to authorize the Sec13 retary to construct the project at a total cost of $30,000,000,

14 with an estimated Federal cost of $15,000,000 and an esti15 mated non-Federal cost of $15,000,000.

16 SEC. 3023. UPPER GUADALUPE RIVER, CALIFORNIA.

17 The project for flood damage reduction and recreation,

18 Upper Guadalupe River, California, authorized by section

19 101(a)(9) of the Water Resources Development Act of 1999

20 (113 Stat. 275), is modified to authorize the Secretary to

21 construct the project generally in accordance with the

22 Upper Guadalupe River Flood Damage Reduction, San

23 Jose, California, Limited Reevaluation Report, dated

24 March, 2004, at a total cost of $244,500,000, with an esti-
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1 mated Federal cost of $130,600,000 and an estimated non2 Federal cost of $113,900,000.

3 SEC. 3024. YUBA RIVER BASIN PROJECT, CALIFORNIA.

4 The project for flood damage reduction, Yuba River

5 Basin, California, authorized by section 101(a)(10) of the

6 Water Resources Development Act of 1999 (113 Stat. 275),

7 is modified to authorize the Secretary to construct the

8 project at a total cost of $107,700,000, with an estimated

9 Federal cost of $70,000,000 and an estimated non-Federal

10 cost of $37,700,000.

11 SEC. 3025. CHARLES HERVEY TOWNSHEND BREAKWATER,

12 NEW HAVEN HARBOR, CONNECTICUT.

13 The western breakwater for the project for navigation,

14 New Haven Harbor, Connecticut, authorized by the first

15 section of the Act of September 19, 1890 (26 Stat. 426),

16 shall be known and designated as the ‘‘Charles Hervey

17 Townshend Breakwater’’.

18 SEC. 3026. ANCHORAGE AREA, NEW LONDON HARBOR, CON19 NECTICUT.

20 (a) IN GENERAL.—The portion of the project for navi21 gation, New London Harbor, Connecticut, authorized by the

22 Act of June 13, 1902 (32 Stat. 333), that consists of a 23-

23 foot waterfront channel described in subsection (b), is redes24 ignated as an anchorage area.
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1 (b) DESCRIPTION OF CHANNEL.—The channel referred

2 to in subsection (a) may be described as beginning at a

3 point along the western limit of the existing project, N. 188,

4 802.75, E. 779, 462.81, thence running northeasterly about

5 1,373.88 feet to a point N. 189, 554.87, E. 780, 612.53,

6 thence running southeasterly about 439.54 feet to a point

7 N. 189, 319.88, E. 780, 983.98, thence running southwest8 erly about 831.58 feet to a point N. 188, 864.63, E. 780,

9 288.08, thence running southeasterly about 567.39 feet to

10 a point N. 188, 301.88, E. 780, 360.49, thence running

11 northwesterly about 1,027.96 feet to the point of origin.

12 SEC. 3027. NORWALK HARBOR, CONNECTICUT.

13 (a) IN GENERAL.—The portions of a 10-foot channel

14 of the project for navigation, Norwalk Harbor, Connecticut,

15 authorized by the first section of the Act of March 2, 1919

16 (40 Stat. 1276) and described in subsection (b), are not au17 thorized.

18 (b) DESCRIPTION OF PORTIONS.—The portions of the

19 channel referred to in subsection (a) are as follows:

20 (1) RECTANGULAR PORTION.—An approximately

21 rectangular-shaped section along the northwesterly

22 terminus of the channel. The section is 35-feet wide

23 and about 460-feet long and is further described as

24 commencing at a point N. 104,165.85, E. 417,662.71,

25 thence running south 24°06′55′′ E. 395.00 feet to a
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1 point N. 103,805.32, E. 417,824.10, thence running

2 south 00°38′06′′ E. 87.84 feet to a point N.

3 103,717.49, E. 417,825.07, thence running north

4 24°06′55′′ W. 480.00 feet, to a point N. 104,155.59,

5 E. 417.628.96, thence running north 73°05′25′′ E.

6 35.28 feet to the point of origin.

7 (2) PARALLELOGRAM-SHAPED PORTION.—An

8 area having the approximate shape of a parallelo9 gram along the northeasterly portion of the channel,

10 southeast of the area described in paragraph (1), ap11 proximately 20 feet wide and 260 feet long, and fur12 ther described as commencing at a point N.

13 103,855.48, E. 417,849.99, thence running south

14 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, E.

15 417,922.89, thence running south 24°07′04′′ E. 127.75

16 feet to a point N. 103,627.16, E. 417,975.09, thence

17 running north 33°07′30′′ W. 190.00 feet to a point N.

18 103,786.28, E. 417,871.26, thence running north

19 17°05′15′′ W. 72.39 feet to the point of origin.

20 (c) MODIFICATION.—The 10-foot channel portion of the

21 Norwalk Harbor, Connecticut navigation project described

22 in subsection (a) is modified to authorize the Secretary to

23 realign the channel to include, immediately north of the

24 area described in subsection (b)(2), a triangular section de25 scribed as commencing at a point N. 103,968.35, E.
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1 417,815.29, thence running S. 17°05′15′′ east 118.09 feet

2 to a point N. 103,855.48, E. 417,849.99, thence running

3 N. 33°07′30′′ west 36.76 feet to a point N. 103,886.27, E.

4 417,829.90, thence running N. 10°05′26′′ west 83.37 feet to

5 the point of origin.

6 SEC. 3028. ST. GEORGE’S BRIDGE, DELAWARE.

7 Section 102(g) of the Water Resources Development Act

8 of 1990 (104 Stat. 4612) is amended by adding at the end

9 the following: ‘‘The Secretary shall assume ownership re10 sponsibility for the replacement bridge not later than the

11 date on which the construction of the bridge is completed

12 and the contractors are released of their responsibility by

13 the State. In addition, the Secretary may not carry out any

14 action to close or remove the St. George’s Bridge, Delaware,

15 without specific congressional authorization.’’.

16 SEC. 3029. CHRISTINA RIVER, WILMINGTON, DELAWARE.

17 (a) IN GENERAL.—The Secretary shall remove the

18 shipwrecked vessel known as the ‘‘State of Pennsylvania’’,

19 and any debris associated with that vessel, from the Chris20 tina River at Wilmington, Delaware, in accordance with

21 section 202(b) of the Water Resources Development Act of

22 1976 (33 U.S.C. 426m(b)).

23 (b) NO RECOVERY OF FUNDS.—Notwithstanding any

24 other provision of law, in carrying out this section, the Sec-
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1 retary shall not be required to recover funds from the owner

2 of the vessel described in subsection (a) or any other vessel.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $425,000, to remain available until expended.

6 SEC. 3030. DESIGNATION OF SENATOR WILLIAM V. ROTH,

7 JR. BRIDGE, DELAWARE.

8 (a) DESIGNATION.—The State Route 1 Bridge over the

9 Chesapeake and Delaware Canal in the State of Delaware

10 is designated as the ‘‘Senator William V. Roth, Jr. Bridge’’.

11 (b) REFERENCES.—Any reference in a law (including

12 regulations), map, document, paper, or other record of the

13 United States to the bridge described in subsection (a) shall

14 be considered to be a reference to the Senator William V.

15 Roth, Jr. Bridge.

16 SEC. 3031. ADDITIONAL PROGRAM AUTHORITY, COM17 PREHENSIVE EVERGLADES RESTORATION,

18 FLORIDA.

19 Section 601(c)(3) of the Water Resources Development

20 Act of 2000 (114 Stat. 2684) is amended by adding at the

21 end the following:

22 ‘‘(C) MAXIMUM COST OF PROGRAM AUTHOR23 ITY.—Section 902 of the Water Resources Devel24 opment Act of 1986 (33 U.S.C. 2280) shall apply

25 to the individual project funding limits in sub-
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1 paragraph (A) and the aggregate cost limits in

2 subparagraph (B).’’.

3 SEC. 3032. BREVARD COUNTY, FLORIDA.

4 (a) IN GENERAL.—The project for shoreline protection,

5 Brevard County, Florida, authorized by section 418 of the

6 Water Resources Development Act of 2000 (114 Stat. 2637),

7 is amended by striking ‘‘7.1-mile reach’’ and inserting ‘‘7.6-

8 mile reach’’.

9 (b) REFERENCES.—Any reference to a 7.1-mile reach

10 with respect to the project described in subsection (a) shall

11 be considered to be a reference to a 7.6-mile reach with re12 spect to that project.

13 SEC. 3033. CRITICAL RESTORATION PROJECTS, EVER14 GLADES AND SOUTH FLORIDA ECOSYSTEM

15 RESTORATION, FLORIDA.

16 Section 528(b)(3)(C) of the Water Resources Develop17 ment Act of 1996 (110 Stat. 3769) is amended—

18 (1) in clause (i), by striking ‘‘$75,000,000’’ and

19 all that follows and inserting ‘‘$95,000,000.’’; and

20 (2) by striking clause (ii) and inserting the fol21 lowing:

22 ‘‘(ii) FEDERAL SHARE.—

23 ‘‘(I) IN GENERAL.—Except as pro24 vided in subclause (II), the Federal

25 share of the cost of carrying out a
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1 project under subparagraph (A) shall

2 not exceed $25,000,000.

3 ‘‘(II) SEMINOLE WATER CON4 SERVATION PLAN.—The Federal share

5 of the cost of carrying out the Seminole

6 Water Conservation Plan shall not ex7 ceed $30,000,000.’’.

8 SEC. 3034. LAKE OKEECHOBEE AND HILLSBORO AQUIFER

9 PILOT PROJECTS, COMPREHENSIVE EVER10 GLADES RESTORATION, FLORIDA.

11 Section 601(b)(2)(B) of the Water Resources Develop12 ment Act of 2000 (114 Stat. 2681) is amended by adding

13 at the end the following:

14 ‘‘(v) HILLSBORO AND OKEECHOBEE

15 AQUIFER, FLORIDA.—The pilot projects for

16 aquifer storage and recovery, Hillsboro and

17 Okeechobee Aquifer, Florida, authorized by

18 section 101(a)(16) of the Water Resources

19 Development Act of 1999 (113 Stat. 276),

20 shall be treated for the purposes of this sec21 tion as being in the Plan and carried out

22 in accordance with this section, except that

23 costs of operation and maintenance of those

24 projects shall remain 100 percent non-Fed25 eral.’’.
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1 SEC. 3035. LIDO KEY, SARASOTA COUNTY, FLORIDA.

2 The Secretary shall carry out the project for hurricane

3 and storm damage reduction in Lido Key, Sarasota Coun4 ty, Florida, based on the report of the Chief of Engineers

5 dated December 22, 2004, at a total cost of $14,809,000,

6 with an estimated Federal cost of $9,088,000 and an esti7 mated non-Federal cost of $5,721,000, and at an estimated

8 total cost $63,606,000 for periodic beach nourishment over

9 the 50-year life of the project, with an estimated Federal

10 cost of $31,803,000 and an estimated non-Federal cost of

11 $31,803,000.

12 SEC. 3036. PORT SUTTON CHANNEL, TAMPA HARBOR, FLOR13 IDA.

14 The project for navigation, Port Sutton Channel,

15 Tampa Harbor, Florida, authorized by section 101(b)(12)

16 of the Water Resources Development Act of 2000 (114 Stat.

17 2577), is modified to authorize the Secretary to carry out

18 the project at a total cost of $12,900,000.

19 SEC. 3037. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

20 The project for navigation, Tampa Harbor, Florida,

21 authorized by section 101 of the River and Harbor Act of

22 1970 (84 Stat. 1818), is modified to authorize the Secretary

23 to construct passing lanes in an area approximately 3.5

24 miles long and centered on Tampa Bay Cut B, if the Sec25 retary determines that the improvements are necessary for

26 navigation safety.
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1 SEC. 3038. ALLATOONA LAKE, GEORGIA.

2 (a) LAND EXCHANGE.—

3 (1) IN GENERAL.—The Secretary may exchange

4 land above 863 feet in elevation at Allatoona Lake,

5 Georgia, identified in the Real Estate Design Memo6 randum prepared by the Mobile district engineer,

7 April 5, 1996, and approved October 8, 1996, for land

8 on the north side of Allatoona Lake that is required

9 for wildlife management and protection of the water

10 quality and overall environment of Allatoona Lake.

11 (2) TERMS AND CONDITIONS.—The basis for all

12 land exchanges under this subsection shall be a fair

13 market appraisal to ensure that land exchanged is of

14 equal value.

15 (b) DISPOSAL AND ACQUISITION OF LAND, ALLATOONA

16 LAKE, GEORGIA.—

17 (1) IN GENERAL.—The Secretary may—

18 (A) sell land above 863 feet in elevation at

19 Allatoona Lake, Georgia, identified in the memo20 randum referred to in subsection (a)(1); and

21 (B) use the proceeds of the sale, without fur22 ther appropriation, to pay costs associated with

23 the purchase of land required for wildlife man24 agement and protection of the water quality and

25 overall environment of Allatoona Lake.

26 (2) TERMS AND CONDITIONS.—
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1 (A) WILLING SELLERS.—Land acquired

2 under this subsection shall be by negotiated pur3 chase from willing sellers only.

4 (B) BASIS.—The basis for all transactions

5 under this subsection shall be a fair market

6 value appraisal acceptable to the Secretary.

7 (C) SHARING OF COSTS.—Each purchaser

8 of land under this subsection shall share in the

9 associated environmental and real estate costs of

10 the purchase, including surveys and associated

11 fees in accordance with the memorandum re12 ferred to in subsection (a)(1).

13 (D) OTHER CONDITIONS.—The Secretary

14 may impose on the sale and purchase of land

15 under this subsection such other conditions as the

16 Secretary determines to be appropriate.

17 (c) REPEAL.—Section 325 of the Water Resources De18 velopment Act of 1992 (106 Stat. 4849) is repealed.

19 SEC. 3039. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

20 (a) IN GENERAL.—The Secretary shall carry out addi21 tional general construction measures to allow for operation

22 at lower pool levels to satisfy the recreation mission at

23 Dworshak Dam, Idaho.
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1 (b) IMPROVEMENTS.—In carrying out subsection (a),

2 the Secretary shall provide for appropriate improvements

3 to—

4 (1) facilities that are operated by the Corps of

5 Engineers; and

6 (2) facilities that, as of the date of enactment of

7 this Act, are leased, permitted, or licensed for use by

8 others.

9 (c) COST SHARING.—The Secretary shall carry out

10 this section through a cost-sharing program with Idaho

11 State Parks and Recreation Department, with a total esti12 mated project cost of $5,300,000, with an estimated Federal

13 cost of $3,900,000 and an estimated non-Federal cost of

14 $1,400,000.

15 SEC. 3040. LITTLE WOOD RIVER, GOODING, IDAHO.

16 The project for flood control, Gooding, Idaho, as con17 structed under the emergency conservation work program

18 established under the Act of March 31, 1933 (16 U.S.C. 585

19 et seq.), is modified—

20 (1) to direct the Secretary to rehabilitate the

21 Gooding Channel Project for the purposes of flood

22 control and ecosystem restoration, if the Secretary de23 termines that the rehabilitation and ecosystem res24 toration is feasible;
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1 (2) to authorize and direct the Secretary to plan,

2 design, and construct the project at a total cost of

3 $9,000,000;

4 (3) to authorize the non-Federal interest to pro5 vide any portion of the non-Federal share of the cost

6 of the project in the form of services, materials, sup7 plies, or other in-kind contributions;

8 (4) to authorize the non-Federal interest to use

9 funds made available under any other Federal pro10 gram toward the non-Federal share of the cost of the

11 project if the use of the funds is permitted under the

12 other Federal program; and

13 (5) to direct the Secretary, in calculating the

14 non-Federal share of the cost of the project, to make

15 a determination under section 103(m) of the Water

16 Resources Development Act of 1986 (33 U.S.C.

17 2213(m)) on the ability to pay of the non-Federal in18 terest.

19 SEC. 3041. PORT OF LEWISTON, IDAHO.

20 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

21 AND USE RESTRICTIONS.—With respect to property covered

22 by each deed described in subsection (b)—

23 (1) the reversionary interests and use restrictions

24 relating to port and industrial use purposes are ex25 tinguished;
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1 (2) the restriction that no activity shall be per2 mitted that will compete with services and facilities

3 offered by public marinas is extinguished;

4 (3) the human habitation or other building

5 structure use restriction is extinguished in each area

6 in which the elevation is above the standard project

7 flood elevation; and

8 (4) the use of fill material to raise low areas

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for

11 which a permit under section 404 of the Federal

12 Water Pollution Control Act (33 U.S.C. 1344) is re13 quired.

14 (b) DEEDS.—The deeds referred to in subsection (a)

15 are as follows:

16 (1) Auditor’s Instrument No. 399218 of Nez

17 Perce County, Idaho, 2.07 acres.

18 (2) Auditor’s Instrument No. 487437 of Nez

19 Perce County, Idaho, 7.32 acres.

20 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

21 section affects the remaining rights and interests of the

22 Corps of Engineers for authorized project purposes with re23 spect to property covered by deeds described in subsection

24 (b).
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1 SEC. 3042. CACHE RIVER LEVEE, ILLINOIS.

2 The Cache River Levee created for flood control at the

3 Cache River, Illinois, and authorized by the Act of June

4 28, 1938 (52 Stat. 1215, chapter 795), is modified to add

5 environmental restoration as a project purpose.

6 SEC. 3043. CHICAGO, ILLINOIS.

7 Section 425(a) of the Water Resources Development

8 Act of 2000 (114 Stat. 2638) is amended by inserting ‘‘Lake

9 Michigan and’’ before ‘‘the Chicago River’’.

10 SEC. 3044. CHICAGO RIVER, ILLINOIS.

11 The Federal navigation channel for the North Branch

12 Channel portion of the Chicago River authorized by section

13 22 of the Act of March 3, 1899 (30 Stat. 1156, chapter 425),

14 extending from 100 feet downstream of the Halsted Street

15 Bridge to 100 feet upstream of the Division Street Bridge,

16 Chicago, Illinois, is redefined to be no wider than 66 feet.

17 SEC. 3045. ILLINOIS RIVER BASIN RESTORATION.

18 Section 519(c)(3) of the Water Resources Development

19 Act of 2000 (114 Stat. 2654) is amended by striking

20 ‘‘$5,000,000’’ and inserting ‘‘$20,000,000’’.

21 SEC. 3046. MISSOURI AND ILLINOIS FLOOD PROTECTION

22 PROJECTS RECONSTRUCTION PILOT PRO23 GRAM.

24 (a) DEFINITION OF RECONSTRUCTION.—In this sec25 tion:
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1 (1) IN GENERAL.—The term ‘‘reconstruction’’

2 means any action taken to address 1 or more major

3 deficiencies of a project caused by long-term degrada4 tion of the foundation, construction materials, or en5 gineering systems or components of the project, the re6 sults of which render the project at risk of not per7 forming in compliance with the authorized purposes

8 of the project.

9 (2) INCLUSIONS.—The term ‘‘reconstruction’’ in10 cludes the incorporation by the Secretary of current

11 design standards and efficiency improvements in a

12 project if the incorporation does not significantly

13 change the authorized scope, function, or purpose of

14 the project.

15 (b) PARTICIPATION BY SECRETARY.—The Secretary

16 may participate in the reconstruction of flood control

17 projects within Missouri and Illinois as a pilot program

18 if the Secretary determines that such reconstruction is not

19 required as a result of improper operation and maintenance

20 by the non-Federal interest.

21 (c) COST SHARING.—

22 (1) IN GENERAL.—Costs for reconstruction of a

23 project under this section shall be shared by the Sec24 retary and the non-Federal interest in the same per-
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1 centages as the costs of construction of the original

2 project were shared.

3 (2) OPERATION, MAINTENANCE, AND REPAIR

4 COSTS.—The costs of operation, maintenance, repair,

5 and rehabilitation of a project carried out under this

6 section shall be a non-Federal responsibility.

7 (d) CRITICAL PROJECTS.—In carrying out this sec8 tion, the Secretary shall give priority to the following

9 projects:

10 (1) Clear Creek Drainage and Levee District, Il11 linois.

12 (2) Fort Chartres and Ivy Landing Drainage

13 District, Illinois.

14 (3) Wood River Drainage and Levee District, Il15 linois.

16 (4) City of St. Louis, Missouri.

17 (5) Missouri River Levee Drainage District, Mis18 souri.

19 (e) ECONOMIC JUSTIFICATION.—Reconstruction efforts

20 and activities carried out under this section shall not re21 quire economic justification.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $50,000,000, to remain available until expended.
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1 SEC. 3047. SPUNKY BOTTOM, ILLINOIS.

2 (a) IN GENERAL.—The project for flood control, Illi3 nois and Des Plaines River Basin, between Beardstown, Il4 linois, and the mouth of the Illinois River, authorized by

5 section 5 of the Act of June 22, 1936 (49 Stat. 1583, chapter

6 688), is modified to authorize ecosystem restoration as a

7 project purpose.

8 (b) MODIFICATIONS.—

9 (1) IN GENERAL.—Subject to paragraph (2), not10 withstanding the limitation on the expenditure of

11 Federal funds to carry out project modifications in

12 accordance with section 1135 of the Water Resources

13 Development Act of 1986 (33 U.S.C. 2309a), modi14 fications to the project referred to in subsection (a)

15 shall be carried out at Spunky Bottoms, Illinois, in

16 accordance with subsection (a).

17 (2) FEDERAL SHARE.—Not more than

18 $7,500,000 in Federal funds may be expended under

19 this section to carry out modifications to the project

20 referred to in subsection (a).

21 (3) POST-CONSTRUCTION MONITORING AND MAN22 AGEMENT.—Of the Federal funds expended under

23 paragraph (2), not less than $500,000 shall remain

24 available for a period of 5 years after the date of com25 pletion of construction of the modifications for use in
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1 carrying out post-construction monitoring and adapt2 ive management.

3 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith4 standing any modifications carried out under subsection

5 (b), the project described in subsection (a) shall remain eli6 gible for emergency repair assistance under section 5 of the

7 Act of August 18, 1941 (33 U.S.C. 701n), without consider8 ation of economic justification.

9 SEC. 3048. STRAWN CEMETERY, JOHN REDMOND LAKE, KAN10 SAS.

11 (a) IN GENERAL.—As soon as practicable after the

12 date of enactment of this Act, the Secretary, acting through

13 the Tulsa District of the Corps of Engineers, shall transfer

14 to Pleasant Township, Coffey County, Kansas, for use as

15 the New Strawn Cemetery, all right, title, and interest of

16 the United States in and to the land described in subsection

17 (c).

18 (b) REVERSION.—If the land transferred under this

19 section ceases at any time to be used as a nonprofit ceme20 tery or for another public purpose, the land shall revert to

21 the United States.

22 (c) DESCRIPTION.—The land to be conveyed under this

23 section is a tract of land near John Redmond Lake, Kansas,

24 containing approximately 3 acres and lying adjacent to the

25 west line of the Strawn Cemetery located in the SE corner
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of the NE1 1 ⁄4 of sec. 32, T. 20 S., R. 14 E., Coffey County,

2 Kansas.

3 (d) CONSIDERATION.—

4 (1) IN GENERAL.—The conveyance under this

5 section shall be at fair market value.

6 (2) COSTS.—All costs associated with the convey7 ance shall be paid by Pleasant Township, Coffey

8 County, Kansas.

9 (e) OTHER TERMS AND CONDITIONS.—The conveyance

10 under this section shall be subject to such other terms and

11 conditions as the Secretary considers necessary to protect

12 the interests of the United States.

13 SEC. 3049. MILFORD LAKE, MILFORD, KANSAS.

14 (a) IN GENERAL.—Subject to subsections (b) and (c),

15 the Secretary shall convey at fair market value by quitclaim

16 deed to the Geary County Fire Department, Milford, Kan17 sas, all right, title, and interest of the United States in and

18 to a parcel of land consisting of approximately 7.4 acres

19 located in Geary County, Kansas, for construction, oper20 ation, and maintenance of a fire station.

21 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The

22 exact acreage and the description of the real property re23 ferred to in subsection (a) shall be determined by a survey

24 that is satisfactory to the Secretary.
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1 (c) REVERSION.—If the Secretary determines that the

2 property conveyed under subsection (a) ceases to be held in

3 public ownership or to be used for any purpose other than

4 a fire station, all right, title, and interest in and to the

5 property shall revert to the United States, at the option of

6 the United States.

7 SEC. 3050. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA,

8 OHIO, PENNSYLVANIA, AND WEST VIRGINIA.

9 Section 101(16) of the Water Resources Development

10 Act of 2000 (114 Stat. 2578) is amended—

11 (1) by striking ‘‘(A) IN GENERAL.—Projects for

12 ecosystem restoration, Ohio River Mainstem’’ and in13 serting the following:

14 ‘‘(A) AUTHORIZATION.—

15 ‘‘(i) IN GENERAL.—Projects for eco16 system restoration, Ohio River Basin (ex17 cluding the Tennessee and Cumberland

18 River Basins)’’; and

19 (2) in subparagraph (A), by adding at the end

20 the following:

21 ‘‘(ii) NONPROFIT ENTITY.—For any

22 ecosystem restoration project carried out

23 under this paragraph, with the consent of

24 the affected local government, a nonprofit
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1 entity may be considered to be a non-Fed2 eral interest.

3 ‘‘(iii) PROGRAM IMPLEMENTATION

4 PLAN.—There is authorized to be developed

5 a program implementation plan of the Ohio

6 River Basin (excluding the Tennessee and

7 Cumberland River Basins) at full Federal

8 expense.

9 ‘‘(iv) PILOT PROGRAM.—There is au10 thorized to be initiated a completed pilot

11 program in Lower Scioto Basin, Ohio.’’.

12 SEC. 3051. MCALPINE LOCK AND DAM, KENTUCKY AND INDI13 ANA.

14 Section 101(a)(10) of the Water Resources Develop15 ment Act of 1990 (104 Stat. 4606) is amended by striking

16 ‘‘$219,600,000’’ each place it appears and inserting

17 ‘‘$430,000,000’’.

18 SEC. 3052. PUBLIC ACCESS, ATCHAFALAYA BASIN

19 FLOODWAY SYSTEM, LOUISIANA.

20 (a) IN GENERAL.—The public access feature of the

21 Atchafalaya Basin Floodway System, Louisiana project,

22 authorized by section 601(a) of the Water Resources Devel23 opment Act of 1986 (100 Stat. 4142), is modified to author24 ize the Secretary to acquire from willing sellers the fee inter25 est (exclusive of oil, gas, and minerals) of an additional
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1 20,000 acres of land in the Lower Atchafalaya Basin

2 Floodway for the public access feature of the Atchafalaya

3 Basin Floodway System, Louisiana project.

4 (b) MODIFICATION.—

5 (1) IN GENERAL.—Subject to paragraph (2), ef6 fective beginning November 17, 1986, the public access

7 feature of the Atchafalaya Basin Floodway System,

8 Louisiana project, is modified to remove the

9 $32,000,000 limitation on the maximum Federal ex10 penditure for the first costs of the public access fea11 ture.

12 (2) FIRST COST.—The authorized first cost of

13 $250,000,000 for the total project (as defined in sec14 tion 601(a) of the Water Resources Development Act

15 of 1986 (100 Stat. 4142)) shall not be exceeded, except

16 as authorized by section 902 of that Act (100 Stat.

17 4183).

18 (c) TECHNICAL AMENDMENT.—Section 315(a)(2) of

19 the Water Resources Development Act of 2000 (114 Stat.

20 2603) is amended by inserting before the period at the end

21 the following: ‘‘and may include Eagle Point Park,

22 Jeanerette, Louisiana, as 1 of the alternative sites’’.
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1 SEC. 3053. REGIONAL VISITOR CENTER, ATCHAFALAYA

2 BASIN FLOODWAY SYSTEM, LOUISIANA.

3 (a) PROJECT FOR FLOOD CONTROL.—Notwithstanding

4 paragraph (3) of the report of the Chief of Engineers dated

5 February 28, 1983 (relating to recreational development in

6 the Lower Atchafalaya Basin Floodway), the Secretary

7 shall carry out the project for flood control, Atchafalaya

8 Basin Floodway System, Louisiana, authorized by chapter

9 IV of title I of the Act of August 15, 1985 (Public Law

10 99–88; 99 Stat. 313; 100 Stat. 4142).

11 (b) VISITORS CENTER.—

12 (1) IN GENERAL.—The Secretary, acting through

13 the Chief of Engineers and in consultation with the

14 State of Louisiana, shall study, design, and construct

15 a type A regional visitors center in the vicinity of

16 Morgan City, Louisiana.

17 (2) COST SHARING.—

18 (A) IN GENERAL.—The cost of construction

19 of the visitors center shall be shared in accord20 ance with the recreation cost-share requirement

21 under section 103(c) of the Water Resources De22 velopment Act of 1986 (33 U.S.C. 2213(c)).

23 (B) COST OF UPGRADING.—The non-Federal

24 share of the cost of upgrading the visitors center

25 from a type B to type A regional visitors center

26 shall be 100 percent.
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1 (3) AGREEMENT.—The project under this sub2 section shall be initiated only after the Secretary and

3 the non-Federal interests enter into a binding agree4 ment under which the non-Federal interests shall—

5 (A) provide any land, easement, right-of6 way, or dredged material disposal area required

7 for the project that is owned, claimed, or con8 trolled by—

9 (i) the State of Louisiana (including

10 agencies and political subdivisions of the

11 State); or

12 (ii) any other non-Federal government

13 entity authorized under the laws of the

14 State of Louisiana;

15 (B) pay 100 percent of the cost of the oper16 ation, maintenance, repair, replacement, and re17 habilitation of the project; and

18 (C) hold the United States free from liabil19 ity for the construction, operation, maintenance,

20 repair, replacement, and rehabilitation of the

21 project, except for damages due to the fault or

22 negligence of the United States or a contractor of

23 the United States.

24 (4) DONATIONS.—In carrying out the project

25 under this subsection, the Mississippi River Commis-
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1 sion may accept the donation of cash or other funds,

2 land, materials, and services from any non-Federal

3 government entity or nonprofit corporation, as the

4 Commission determines to be appropriate.

5 SEC. 3054. CALCASIEU RIVER AND PASS, LOUISIANA.

6 The project for the Calcasieu River and Pass, Lou7 isiana, authorized by section 101 of the River and Harbor

8 Act of 1960 (74 Stat. 481), is modified to authorize the Sec9 retary to provide $3,000,000 for each fiscal year, in a total

10 amount of $15,000,000, for such rock bank protection of the

11 Calcasieu River from mile 5 to mile 16 as the Chief of Engi12 neers determines to be advisable to reduce maintenance

13 dredging needs and facilitate protection of valuable disposal

14 areas for the Calcasieu River and Pass, Louisiana.

15 SEC. 3055. EAST BATON ROUGE PARISH, LOUISIANA.

16 The project for flood damage reduction and recreation,

17 East Baton Rouge Parish, Louisiana, authorized by section

18 101(a)(21) of the Water Resources Development Act of 1999

19 (113 Stat. 277), as amended by section 116 of the Consoli20 dated Appropriations Resolution, 2003 (117 Stat. 140), is

21 modified to authorize the Secretary to carry out the project

22 substantially in accordance with the Report of the Chief of

23 Engineers dated December 23, 1996, and the subsequent

24 Post Authorization Change Report dated December 2004,

25 at a total cost of $178,000,000.
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1 SEC. 3056. MISSISSIPPI RIVER GULF OUTLET RELOCATION

2 ASSISTANCE, LOUISIANA.

3 (a) PORT FACILITIES RELOCATION.—

4 (1) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated $175,000,000,

6 to remain available until expended, to support the re7 location of Port of New Orleans deep draft facilities

8 from the Mississippi River Gulf Outlet (referred to in

9 this section as the ‘‘Outlet’’), the Gulf Intercoastal

10 Waterway, and the Inner Harbor Navigation Canal

11 to the Mississippi River.

12 (2) ADMINISTRATION.—

13 (A) IN GENERAL.—Amounts appropriated

14 pursuant to paragraph (1) shall be administered

15 by the Assistant Secretary for Economic Devel16 opment (referred to in this section as the ‘‘Assist17 ant Secretary’’) pursuant to sections 209(c)(2)

18 and 703 of the Public Works and Economic De19 velopment Act of 1965 (42 U.S.C. 3149(c)(2),

20 3233).

21 (B) REQUIREMENT.—The Assistant Sec22 retary shall make amounts appropriated pursu23 ant to paragraph (1) available to the Port of

24 New Orleans to relocate to the Mississippi River

25 within the State of Louisiana the port-owned fa26 cilities that are occupied by businesses in the vi-
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1 cinity that may be impacted due to the treat2 ment of the Outlet under the analysis and design

3 of comprehensive hurricane protection authorized

4 by title I of the Energy and Water Development

5 Appropriations Act, 2006 (Public Law 109–103;

6 119 Stat. 2247).

7 (b) REVOLVING LOAN FUND GRANTS.—There is au8 thorized to be appropriated to the Assistant Secretary

9 $185,000,000, to remain available until expended, to pro10 vide assistance pursuant to sections 209(c)(2) and 703 of

11 the Public Works and Economic Development Act of 1965

12 (42 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipients

13 to establish revolving loan funds to make loans for terms

14 up to 20 years at or below market interest rates (including

15 interest-free loans) to private businesses within the Port of

16 New Orleans that may need to relocate to the Mississippi

17 River within the State of Louisiana due to the treatment

18 of the Outlet under the analysis and design of comprehen19 sive hurricane protection authorized by title I of the Energy

20 and Water Development Appropriations Act, 2006 (Public

21 Law 109–103; 119 Stat. 2247).

22 (c) COORDINATION WITH SECRETARY.—The Assistant

23 Secretary shall ensure that the programs described in sub24 sections (a) and (b) are fully coordinated with the Secretary

25 to ensure that facilities are relocated in a manner that is
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1 consistent with the analysis and design of comprehensive

2 hurricane protection authorized by title I of the Energy and

3 Water Development Appropriations Act, 2006 (Public Law

4 109–103; 119 Stat. 2247).

5 (d) ADMINISTRATIVE EXPENSES.—The Assistant Sec6 retary may use up to 2 percent of the amounts made avail7 able under subsections (a) and (b) for administrative ex8 penses.

9 SEC. 3057. RED RIVER (J. BENNETT JOHNSTON) WATERWAY,

10 LOUISIANA.

11 The project for mitigation of fish and wildlife losses,

12 Red River Waterway, Louisiana, authorized by section

13 601(a) of the Water Resources Development Act of 1986

14 (100 Stat. 4142) and modified by section 4(h) of the Water

15 Resources Development Act of 1988 (102 Stat. 4016), sec16 tion 102(p) of the Water Resources Development Act of 1990

17 (104 Stat. 4613), section 301(b)(7) of the Water Resources

18 Development Act of 1996 (110 Stat. 3710), and section 316

19 of the Water Resources Development Act of 2000 (114 Stat.

20 2604), is further modified—

21 (1) to authorize the Secretary to carry out the

22 project at a total cost of $33,200,000;

23 (2) to permit the purchase of marginal farmland

24 for reforestation (in addition to the purchase of bot25 tomland hardwood); and
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1 (3) to incorporate wildlife and forestry manage2 ment practices to improve species diversity on mitiga3 tion land that meets habitat goals and objectives of

4 the Corps of Engineers and the State of Louisiana.

5 SEC. 3058. CAMP ELLIS, SACO, MAINE.

6 The maximum amount of Federal funds that may be

7 expended for the project being carried out under section 111

8 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for

9 the mitigation of shore damages attributable to the project

10 for navigation, Camp Ellis, Saco, Maine, shall be

11 $20,000,000.

12 SEC. 3059. UNION RIVER, MAINE.

13 The project for navigation, Union River, Maine, au14 thorized by the first section of the Act of June 3, 1896 (29

15 Stat. 215, chapter 314), is modified by redesignating as an

16 anchorage area that portion of the project consisting of a

17 6-foot turning basin and lying northerly of a line com18 mencing at a point N. 315,975.13, E. 1,004,424.86, thence

19 running N. 61° 27′ 20.71′′ W. about 132.34 feet to a point

20 N. 316,038.37, E. 1,004,308.61.
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1 SEC. 3060. CHESAPEAKE BAY ENVIRONMENTAL RESTORA2 TION AND PROTECTION PROGRAM, MARY3 LAND, PENNSYLVANIA, AND VIRGINIA.

4 Section 510(i) of the Water Resources Development Act

5 of 1996 (110 Stat. 3761) is amended by striking

6 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’.

7 SEC. 3061. CUMBERLAND, MARYLAND.

8 Section 580(a) of the Water Resources Development

9 Act of 1999 (113 Stat. 375) is amended—

10 (1) by striking ‘‘$15,000,000’’ and inserting

11 ‘‘$25,750,000’’;

12 (2) by striking ‘‘$9,750,000’’ and inserting

13 ‘‘$16,738,000’’; and

14 (3) by striking ‘‘$5,250,000’’ and inserting

15 ‘‘$9,012,000’’.

16 SEC. 3062. AUNT LYDIA’S COVE, MASSACHUSETTS.

17 (a) DEAUTHORIZATION.—The portion of the project for

18 navigation, Aunt Lydia’s Cove, Massachusetts, authorized

19 August 31, 1994, pursuant to section 107 of the Act of July

20 14, 1960 (33 U.S.C. 577) (commonly known as the ‘‘River

21 and Harbor Act of 1960’’), consisting of the 8-foot deep an22 chorage in the cove described in subsection (b) is deauthor23 ized.

24 (b) DESCRIPTION.—The portion of the project de25 scribed in subsection (a) is more particularly described as

26 the portion beginning at a point along the southern limit
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1 of the existing project, N. 254332.00, E. 1023103.96, thence

2 running northwesterly about 761.60 feet to a point along

3 the western limit of the existing project N. 255076.84, E.

4 1022945.07, thence running southwesterly about 38.11 feet

5 to a point N. 255038.99, E. 1022940.60, thence running

6 southeasterly about 267.07 feet to a point N. 254772.00, E.

7 1022947.00, thence running southeasterly about 462.41 feet

8 to a point N. 254320.06, E. 1023044.84, thence running

9 northeasterly about 60.31 feet to the point of origin.

10 SEC. 3063. FALL RIVER HARBOR, MASSACHUSETTS AND

11 RHODE ISLAND.

12 (a) IN GENERAL.—Notwithstanding section 1001(b)(2)

13 of the Water Resources Development Act of 1986 (33 U.S.C.

14 579a(b)(2)), the project for navigation, Fall River Harbor,

15 Massachusetts and Rhode Island, authorized by section 101

16 of the River and Harbor Act of 1968 (82 Stat. 731), shall

17 remain authorized to be carried out by the Secretary, except

18 that the authorized depth of that portion of the project ex19 tending riverward of the Charles M. Braga, Jr. Memorial

20 Bridge, Fall River and Somerset, Massachusetts, shall not

21 exceed 35 feet.

22 (b) FEASIBILITY.—The Secretary shall conduct a study

23 to determine the feasibility of deepening that portion of the

24 navigation channel of the navigation project for Fall River

25 Harbor, Massachusetts and Rhode Island, authorized by sec-
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1 tion 101 of the River and Harbor Act of 1968 (82 Stat.

2 731), seaward of the Charles M. Braga, Jr. Memorial

3 Bridge Fall River and Somerset, Massachusetts.

4 (c) LIMITATION.—The project described in subsection

5 (a) shall not be authorized for construction after the last

6 day of the 5-year period beginning on the date of enactment

7 of this Act unless, during that period, funds have been obli8 gated for construction (including planning and design) of

9 the project.

10 SEC. 3064. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI11 GAN.

12 Section 426 of the Water Resources Development Act

13 of 1999 (113 Stat. 326) is amended to read as follows:

14 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

15 ‘‘(a) DEFINITIONS.—In this section:

16 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage17 ment plan’ means the management plan for the St.

18 Clair River and Lake St. Clair, Michigan, that is in

19 effect as of the date of enactment of this section.

20 ‘‘(2) PARTNERSHIP.—The term ‘Partnership’

21 means the partnership established by the Secretary

22 under subsection (b)(1).

23 ‘‘(b) PARTNERSHIP.—

24 ‘‘(1) IN GENERAL.—The Secretary shall establish

25 and lead a partnership of appropriate Federal agen-
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1 cies (including the Environmental Protection Agency)

2 and the State of Michigan (including political sub3 divisions of the State)—

4 ‘‘(A) to promote cooperation among the Fed5 eral Government, State and local governments,

6 and other involved parties in the management of

7 the St. Clair River and Lake St. Clair water8 sheds; and

9 ‘‘(B) develop and implement projects con10 sistent with the management plan.

11 ‘‘(2) COORDINATION WITH ACTIONS UNDER

12 OTHER LAW.—

13 ‘‘(A) IN GENERAL.—Actions taken under

14 this section by the Partnership shall be coordi15 nated with actions to restore and conserve the St.

16 Clair River and Lake St. Clair and watersheds

17 taken under other provisions of Federal and

18 State law.

19 ‘‘(B) NO EFFECT ON OTHER LAW.—Nothing

20 in this section alters, modifies, or affects any

21 other provision of Federal or State law.

22 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND LAKE

23 ST. CLAIR MANAGEMENT PLAN.—

24 ‘‘(1) IN GENERAL.—The Secretary shall—
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1 ‘‘(A) develop a St. Clair River and Lake St.

2 Clair strategic implementation plan in accord3 ance with the management plan;

4 ‘‘(B) provide technical, planning, and engi5 neering assistance to non-Federal interests for

6 developing and implementing activities con7 sistent with the management plan;

8 ‘‘(C) plan, design, and implement projects

9 consistent with the management plan; and

10 ‘‘(D) provide, in coordination with the Ad11 ministrator of the Environmental Protection

12 Agency, financial and technical assistance, in13 cluding grants, to the State of Michigan (includ14 ing political subdivisions of the State) and inter15 ested nonprofit entities for the planning, design,

16 and implementation of projects to restore, con17 serve, manage, and sustain the St. Clair River,

18 Lake St. Clair, and associated watersheds.

19 ‘‘(2) SPECIFIC MEASURES.—Financial and tech20 nical assistance provided under subparagraphs (B)

21 and (C) of paragraph (1) may be used in support of

22 non-Federal activities consistent with the manage23 ment plan.

24 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

25 STRATEGIC IMPLEMENTATION PLAN.—In consultation with
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1 the Partnership and after providing an opportunity for

2 public review and comment, the Secretary shall develop in3 formation to supplement—

4 ‘‘(1) the management plan; and

5 ‘‘(2) the strategic implementation plan developed

6 under subsection (c)(1)(A).

7 ‘‘(e) COST SHARING.—

8 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal

9 share of the cost of technical assistance, or the cost of

10 planning, design, construction, and evaluation of a

11 project under subsection (c), and the cost of develop12 ment of supplementary information under subsection

13 (d)—

14 ‘‘(A) shall be 25 percent of the total cost of

15 the project or development; and

16 ‘‘(B) may be provided through the provision

17 of in-kind services.

18 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

19 RIGHTS-OF-WAY.—The Secretary shall credit the non20 Federal sponsor for the value of any land, easements,

21 rights-of-way, dredged material disposal areas, or re22 locations provided for use in carrying out a project

23 under subsection (c).

24 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding

25 section 221 of the Flood Control Act of 1970 (42
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1 U.S.C. 1962d–5b), a non-Federal sponsor for any

2 project carried out under this section may include a

3 nonprofit entity.

4 ‘‘(4) OPERATION AND MAINTENANCE.—The oper5 ation, maintenance, repair, rehabilitation, and re6 placement of projects carried out under this section

7 shall be non-Federal responsibilities.

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $10,000,000 for each fiscal year.’’.

11 SEC. 3065. DULUTH HARBOR, MINNESOTA.

12 (a) IN GENERAL.—Notwithstanding the cost limita13 tion described in section 107(b) of the River and Harbor

14 Act of 1960 (33 U.S.C. 577(b)), the Secretary shall carry

15 out the project for navigation, Duluth Harbor, Minnesota,

16 pursuant to the authority provided under that section at

17 a total Federal cost of $9,000,000.

18 (b) PUBLIC ACCESS AND RECREATIONAL FACILI19 TIES.—Section 321 of the Water Resources Development Act

20 of 2000 (114 Stat. 2605) is amended by inserting ‘‘, and

21 to provide public access and recreational facilities’’ after

22 ‘‘including any required bridge construction’’.

23 SEC. 3066. RED LAKE RIVER, MINNESOTA.

24 The project for flood control, Red Lake River,

25 Crookston, Minnesota, authorized by section 101(a)(23) of
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1 the Water Resources Development Act of 1999 (113 Stat.

2 278), is modified to include flood protection for the adjacent

3 and interconnected areas generally known as the Sampson

4 and Chase/Loring neighborhoods, in accordance with the

5 feasibility report supplement, local flood protection,

6 Crookston, Minnesota, at a total cost of $25,000,000, with

7 an estimated Federal cost of $16,250,000 and an estimated

8 non-Federal cost of $8,750,000.

9 SEC. 3067. BONNET CARRE FRESHWATER DIVERSION

10 PROJECT, MISSISSIPPI AND LOUISIANA.

11 (a) IN GENERAL.—The project for environmental en12 hancement, Mississippi and Louisiana Estuarine Areas,

13 Mississippi and Louisiana, authorized by section 3(a)(8)

14 of the Water Resources Development Act of 1988 (102 Stat.

15 4013) is modified to direct the Secretary to carry out that

16 portion of the project identified as the ‘‘Bonnet Carre Fresh17 water Diversion Project’’, in accordance with this section.

18 (b) NON-FEDERAL FINANCING REQUIREMENTS.—

19 (1) MISSISSIPPI AND LOUISIANA.—

20 (A) IN GENERAL.—The States of Mississippi

21 and Louisiana shall provide the funds needed

22 during any fiscal year for meeting the respective

23 non-Federal cost sharing requirements of each

24 State for the Bonnet Carre Freshwater Diversion

25 Project during that fiscal year by making depos-
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1 its of the necessary funds into an escrow account

2 or into such other account as the Secretary deter3 mines to be acceptable.

4 (B) DEADLINE.—Any deposits required

5 under this paragraph shall be made by the af6 fected State by not later than 30 days after re7 ceipt of notification from the Secretary that the

8 amounts are due.

9 (2) FAILURE TO PAY.—

10 (A) LOUISIANA.—In the case of deposits re11 quired to be made by the State of Louisiana, the

12 Secretary may not award any new contract or

13 proceed to the next phase of any feature being

14 carried out in the State of Louisiana under sec15 tion 1003 if the State of Louisiana is not in

16 compliance with paragraph (1).

17 (B) MISSISSIPPI.—In the case of deposits

18 required to be made by the State of Mississippi,

19 the Secretary may not award any new contract

20 or proceed to the next phase of any feature being

21 carried out as a part of the Bonnet Carre Fresh22 water Diversion Project if the State of Mis23 sissippi is not in compliance with paragraph

24 (1).
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1 (3) ALLOCATION.—The non-Federal share of

2 project costs shall be allocated between the States of

3 Mississippi and Louisiana as described in the report

4 to Congress on the status and potential options and

5 enhancement of the Bonnet Carre Freshwater Diver6 sion Project dated December 1996.

7 (4) EFFECT.—The modification of the Bonnet

8 Carre Freshwater Diversion Project by this section

9 shall not reduce the percentage of the cost of the

10 project that is required to be paid by the Federal Gov11 ernment as determined on the date of enactment of

12 section 3(a)(8) of the Water Resources Development

13 Act of 1988 (102 Stat. 4013).

14 (c) DESIGN SCHEDULE.—

15 (1) IN GENERAL.—Subject to the availability of

16 appropriations, the Secretary shall complete the de17 sign of the Bonnet Carre Freshwater Diversion

18 Project by not later than 1 year after the date of en19 actment of this Act.

20 (2) MISSED DEADLINE.—If the Secretary does

21 not complete the design of the project by the date de22 scribed in paragraph (1)—

23 (A) the Secretary shall assign such resources

24 as the Secretary determines to be available and

25 necessary to complete the design; and
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1 (B) the authority of the Secretary to expend

2 funds for travel, official receptions, and official

3 representations shall be suspended until the de4 sign is complete.

5 (d) CONSTRUCTION SCHEDULE.—

6 (1) IN GENERAL.—Subject to the availability of

7 appropriations, the Secretary shall complete construc8 tion of the Bonnet Carre Freshwater Diversion

9 Project by not later than September 30, 2012.

10 (2) MISSED DEADLINE.—If the Secretary does

11 not complete the construction of the Bonnet Carre

12 Freshwater Diversion Project by the date described in

13 paragraph (1)—

14 (A) the Secretary shall assign such resources

15 as the Secretary determines to be available and

16 necessary to complete the construction; and

17 (B) the authority of the Secretary to expend

18 funds for travel, official receptions, and official

19 representations shall be suspended until the con20 struction is complete.

21 SEC. 3068. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

22 (a) DEFINITIONS.—In this section:

23 (1) FEDERAL LAND.—The term ‘‘Federal land’’

24 means the 2 parcels of Corps of Engineers land total25 ing approximately 42 acres, located on Buffalo Island
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1 in Pike County, Missouri, and consisting of Govern2 ment Tract Numbers MIS–7 and a portion of FM–

3 46.

4 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the approximately 42 acres of land,

6 subject to any existing flowage easements situated in

7 Pike County, Missouri, upstream and northwest,

8 about 200 feet from Drake Island (also known as

9 Grimes Island).

10 (b) LAND EXCHANGE.—Subject to subsection (c), on

11 conveyance by S.S.S., Inc., to the United States of all right,

12 title, and interest in and to the non-Federal land, the Sec13 retary shall convey to S.S.S., Inc., all right, title, and inter14 est of the United States in and to the Federal land.

15 (c) CONDITIONS.—

16 (1) DEEDS.—

17 (A) NON-FEDERAL LAND.—The conveyance

18 of the non-Federal land to the Secretary shall be

19 by a warranty deed acceptable to the Secretary.

20 (B) FEDERAL LAND.—The conveyance of the

21 Federal land to S.S.S., Inc., shall be—

22 (i) by quitclaim deed; and

23 (ii) subject to any reservations, terms,

24 and conditions that the Secretary deter25 mines to be necessary to allow the United
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1 States to operate and maintain the Mis2 sissippi River 9-Foot Navigation Project.

3 (C) LEGAL DESCRIPTIONS.—The Secretary

4 shall, subject to approval of S.S.S., Inc., provide

5 a legal description of the Federal land and non6 Federal land for inclusion in the deeds referred

7 to in subparagraphs (A) and (B).

8 (2) REMOVAL OF IMPROVEMENTS.—

9 (A) IN GENERAL.—The Secretary may re10 quire the removal of, or S.S.S., Inc., may volun11 tarily remove, any improvements to the non-Fed12 eral land before the completion of the exchange or

13 as a condition of the exchange.

14 (B) NO LIABILITY.—If S.S.S., Inc., removes

15 any improvements to the non-Federal land under

16 subparagraph (A)—

17 (i) S.S.S., Inc., shall have no claim

18 against the United States relating to the re19 moval; and

20 (ii) the United States shall not incur

21 or be liable for any cost associated with the

22 removal or relocation of the improvements.

23 (3) ADMINISTRATIVE COSTS.—The Secretary

24 shall require S.S.S., Inc. to pay reasonable adminis25 trative costs associated with the exchange.
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1 (4) CASH EQUALIZATION PAYMENT.—If the ap2 praised fair market value, as determined by the Sec3 retary, of the Federal land exceeds the appraised fair

4 market value, as determined by the Secretary, of the

5 non-Federal land, S.S.S., Inc., shall make a cash

6 equalization payment to the United States.

7 (5) DEADLINE.—The land exchange under sub8 section (b) shall be completed not later than 2 years

9 after the date of enactment of this Act.

10 SEC. 3069. L–15 LEVEE, MISSOURI.

11 The portion of the L–15 levee system that is under the

12 jurisdiction of the Consolidated North County Levee Dis13 trict and situated along the right descending bank of the

14 Mississippi River from the confluence of that river with the

15 Missouri River and running upstream approximately 14

16 miles shall be considered to be a Federal levee for purposes

17 of cost sharing under section 5 of the Act of August 18,

18 1941 (33 U.S.C. 701n).

19 SEC. 3070. UNION LAKE, MISSOURI.

20 (a) IN GENERAL.—The Secretary shall offer to convey

21 to the State of Missouri, before January 31, 2006, all right,

22 title, and interest in and to approximately 205.50 acres of

23 land described in subsection (b) purchased for the Union

24 Lake Project that was deauthorized as of January 1, 1990

25 (55 Fed. Reg. 40906), in accordance with section 1001 of
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1 the Water Resources Development Act of 1986 (33 U.S.C.

2 579a(a)).

3 (b) LAND DESCRIPTION.—The land referred to in sub4 section (a) is described as follows:

5 (1) TRACT 500.—A tract of land situated in

Franklin County, Missouri, being part of the SW1 6 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 7 ⁄4 of sec. 8, T. 42

8 N., R. 2 W. of the fifth principal meridian, consisting

9 of approximately 112.50 acres.

10 (2) TRACT 605.—A tract of land situated in

Franklin County, Missouri, being part of the N1 11 ⁄2 of

12 the NE, and part of the SE of the NE of sec. 18, T.

13 42 N., R. 2 W. of the fifth principal meridian, con14 sisting of approximately 93.00 acres.

15 (c) CONVEYANCE.—On acceptance by the State of Mis16 souri of the offer by the Secretary under subsection (a), the

17 land described in subsection (b) shall immediately be con18 veyed, in its current condition, by Secretary to the State

19 of Missouri.

20 SEC. 3071. FORT PECK FISH HATCHERY, MONTANA.

21 Section 325(f)(1)(A) of the Water Resources Develop22 ment Act of 2000 (114 Stat. 2607) is amended by striking

23 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.
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1 SEC. 3072. LOWER YELLOWSTONE PROJECT, MONTANA.

2 The Secretary may use funds appropriated to carry

3 out the Missouri River recovery and mitigation program

4 to assist the Bureau of Reclamation in the design and con5 struction of the Lower Yellowstone project of the Bureau,

6 Intake, Montana, for the purpose of ecosystem restoration.

7 SEC. 3073. YELLOWSTONE RIVER AND TRIBUTARIES, MON8 TANA AND NORTH DAKOTA.

9 (a) DEFINITION OF RESTORATION PROJECT.—In this

10 section, the term ‘‘restoration project’’ means a project that

11 will produce, in accordance with other Federal programs,

12 projects, and activities, substantial ecosystem restoration

13 and related benefits, as determined by the Secretary.

14 (b) PROJECTS.—The Secretary shall carry out, in ac15 cordance with other Federal programs, projects, and activi16 ties, restoration projects in the watershed of the Yellowstone

17 River and tributaries in Montana, and in North Dakota,

18 to produce immediate and substantial ecosystem restoration

19 and recreation benefits.

20 (c) LOCAL PARTICIPATION.—In carrying out sub21 section (b), the Secretary shall—

22 (1) consult with, and consider the activities

23 being carried out by—

24 (A) other Federal agencies;

25 (B) Indian tribes;

26 (C) conservation districts; and
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1 (D) the Yellowstone River Conservation Dis2 trict Council; and

3 (2) seek the full participation of the State of

4 Montana.

5 (d) COST SHARING.—Before carrying out any restora6 tion project under this section, the Secretary shall enter into

7 an agreement with the non-Federal interest for the restora8 tion project under which the non-Federal interest shall

9 agree—

10 (1) to provide 35 percent of the total cost of the

11 restoration project, including necessary land, ease12 ments, rights-of-way, relocations, and disposal sites;

13 (2) to pay the non-Federal share of the cost of

14 feasibility studies and design during construction fol15 lowing execution of a project cooperation agreement;

16 (3) to pay 100 percent of the operation, mainte17 nance, repair, replacement, and rehabilitation costs

18 incurred after the date of enactment of this Act that

19 are associated with the restoration project; and

20 (4) to hold the United States harmless for any

21 claim of damage that arises from the negligence of the

22 Federal Government or a contractor of the Federal

23 Government in carrying out the restoration project.

24 (e) FORM OF NON-FEDERAL SHARE.—Not more than

25 50 percent of the non-Federal share of the cost of a restora-
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1 tion project carried out under this section may be provided

2 in the form of in-kind credit for work performed during

3 construction of the restoration project.

4 (f) NON-FEDERAL INTERESTS.—Notwithstanding sec5 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

6 5b), with the consent of the applicable local government, a

7 nonprofit entity may be a non-Federal interest for a res8 toration project carried out under this section.

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $30,000,000.

12 SEC. 3074. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE13 VADA.

14 The maximum amount of Federal funds that may be

15 expended for the project being carried out, as of the date

16 of enactment of this Act, under section 1135 of the Water

17 Resources Development Act of 1986 (33 U.S.C. 2309a) for

18 environmental restoration of McCarran Ranch, Nevada,

19 shall be $5,775,000.

20 SEC. 3075. MIDDLE RIO GRANDE RESTORATION, NEW MEX21 ICO.

22 (a) RESTORATION PROJECTS.—

23 (1) DEFINITION.—The term ‘‘restoration project’’

24 means a project that will produce, consistent with

25 other Federal programs, projects, and activities, im-
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1 mediate and substantial ecosystem restoration and

2 recreation benefits.

3 (2) PROJECTS.—The Secretary shall carry out

4 restoration projects in the Middle Rio Grande from

5 Cochiti Dam to the headwaters of Elephant Butte

6 Reservoir, in the State of New Mexico.

7 (b) PROJECT SELECTION.—The Secretary shall select

8 restoration projects in the Middle Rio Grande.

9 (c) LOCAL PARTICIPATION.—In carrying out sub10 section (b), the Secretary shall consult with, and consider

11 the activities being carried out by—

12 (1) the Middle Rio Grande Endangered Species

13 Act Collaborative Program; and

14 (2) the Bosque Improvement Group of the Middle

15 Rio Grande Bosque Initiative.

16 (d) COST SHARING.—Before carrying out any restora17 tion project under this section, the Secretary shall enter into

18 an agreement with non-Federal interests that requires the

19 non-Federal interests to—

20 (1) provide 35 percent of the total cost of the res21 toration projects including provisions for necessary

22 lands, easements, rights-of-way, relocations, and dis23 posal sites;

24 (2) pay 100 percent of the operation, mainte25 nance, repair, replacement, and rehabilitation costs
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1 incurred after the date of the enactment of this Act

2 that are associated with the restoration projects; and

3 (3) hold the United States harmless for any

4 claim of damage that arises from the negligence of the

5 Federal Government or a contractor of the Federal

6 Government.

7 (e) NON-FEDERAL INTERESTS.—Not withstanding sec8 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

9 5b), a non-Federal interest for any project carried out

10 under this section may include a nonprofit entity, with the

11 consent of the local government.

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated $25,000,000 to carry out this

14 section.

15 SEC. 3076. LONG ISLAND SOUND OYSTER RESTORATION,

16 NEW YORK AND CONNECTICUT.

17 (a) IN GENERAL.—The Secretary shall plan, design,

18 and construct projects to increase aquatic habitats within

19 Long Island Sound and adjacent waters, including the con20 struction and restoration of oyster beds and related shellfish

21 habitat.

22 (b) COST-SHARING.—The non-Federal share of the cost

23 of activities carried out under this section shall be 25 per24 cent and may be provided through in-kind services and ma25 terials.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $25,000,000 to carry out this

3 section.

4 SEC. 3077. ORCHARD BEACH, BRONX, NEW YORK.

5 Section 554 of the Water Resources Development Act

6 of 1996 (110 Stat. 3781) is amended by striking

7 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’.

8 SEC. 3078. NEW YORK HARBOR, NEW YORK, NEW YORK.

9 Section 217 of the Water Resources Development Act

10 of 1996 (33 U.S.C. 2326a) is amended—

11 (1) by redesignating subsection (c) as subsection

12 (d);

13 (2) by inserting after subsection (b) the fol14 lowing:

15 ‘‘(c) DREDGED MATERIAL FACILITY.—

16 ‘‘(1) IN GENERAL.—The Secretary may enter

17 into cost-sharing agreements with 1 or more non-Fed18 eral public interests with respect to a project, or

19 group of projects within a geographic region, if ap20 propriate, for the acquisition, design, construction,

21 management, or operation of a dredged material

22 processing, treatment, contaminant reduction, or dis23 posal facility (including any facility used to dem24 onstrate potential beneficial uses of dredged material,

25 which may include effective sediment contaminant re-
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1 duction technologies) using funds provided in whole

2 or in part by the Federal Government.

3 ‘‘(2) PERFORMANCE.—One or more of the parties

4 to the agreement may perform the acquisition, design,

5 construction, management, or operation of a dredged

6 material processing, treatment, contaminant reduc7 tion, or disposal facility.

8 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If appro9 priate, the Secretary may combine portions of sepa10 rate Federal projects with appropriate combined cost11 sharing between the various projects, if the facility

12 serves to manage dredged material from multiple Fed13 eral projects located in the geographic region of the

14 facility.

15 ‘‘(4) PUBLIC FINANCING.—

16 ‘‘(A) AGREEMENTS.—

17 ‘‘(i) SPECIFIED FEDERAL FUNDING

18 SOURCES AND COST SHARING.—The cost19 sharing agreement used shall clearly

20 specify—

21 ‘‘(I) the Federal funding sources

22 and combined cost-sharing when appli23 cable to multiple Federal navigation

24 projects; and
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1 ‘‘(II) the responsibilities and risks

2 of each of the parties related to present

3 and future dredged material managed

4 by the facility.

5 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—

6 ‘‘(I) IN GENERAL.—The cost-shar7 ing agreement may include the man8 agement of sediments from the mainte9 nance dredging of Federal navigation

10 projects that do not have partnerships

11 agreements.

12 ‘‘(II) PAYMENTS.—The cost-shar13 ing agreement may allow the non-Fed14 eral interest to receive reimbursable

15 payments from the Federal Govern16 ment for commitments made by the

17 non-Federal interest for disposal or

18 placement capacity at dredged mate19 rial treatment, processing, contami20 nant reduction, or disposal facilities.

21 ‘‘(iii) CREDIT.—The cost-sharing

22 agreement may allow costs incurred prior to

23 execution of a partnership agreement for

24 construction or the purchase of equipment
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1 or capacity for the project to be credited ac2 cording to existing cost-sharing rules.

3 ‘‘(B) CREDIT.—

4 ‘‘(i) EFFECT ON EXISTING AGREE5 MENTS.—Nothing in this subsection super6 sedes or modifies an agreement in effect on

7 the date of enactment of this paragraph be8 tween the Federal Government and any

9 other non-Federal interest for the cost-shar10 ing, construction, and operation and main11 tenance of a Federal navigation project.

12 ‘‘(ii) CREDIT FOR FUNDS.—Subject to

13 the approval of the Secretary and in ac14 cordance with law (including regulations

15 and policies) in effect on the date of enact16 ment of this paragraph, a non-Federal pub17 lic interest of a Federal navigation project

18 may seek credit for funds provided for the

19 acquisition, design, construction, manage20 ment, or operation of a dredged material

21 processing, treatment, or disposal facility to

22 the extent the facility is used to manage

23 dredged material from the Federal naviga24 tion project.
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1 ‘‘(iii) NON-FEDERAL INTEREST RE2 SPONSIBILITIES.—The non-Federal interest

3 shall—

4 ‘‘(I) be responsible for providing

5 all necessary land, easement rights-of6 way, or relocations associated with the

7 facility; and

8 ‘‘(II) receive credit for those

9 items.’’; and

10 (3) in paragraphs (1) and (2)(A) of subsection

11 (d) (as redesignated by paragraph (1))—

12 (A) by inserting ‘‘and maintenance’’ after

13 ‘‘operation’’ each place it appears; and

14 (B) by inserting ‘‘processing, treatment, or’’

15 after ‘‘dredged material’’ the first place it ap16 pears in each of those paragraphs.

17 SEC. 3079. MISSOURI RIVER RESTORATION, NORTH DA18 KOTA.

19 Section 707(a) of the Water Resources Act of 2000 (114

20 Stat. 2699) is amended in the first sentence by striking

21 ‘‘$5,000,000’’ and all that follows through ‘‘2005’’ and in22 serting ‘‘$25,000,000’’.

23 SEC. 3080. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

24 Section 507(1) of the Water Resources Development

25 Act of 1996 (110 Stat. 3758) is amended—
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1 (1) by striking ‘‘$2,500,000’’ and inserting

2 ‘‘$5,500,000’’; and

3 (2) by adding before the period at the end the fol4 lowing: ‘‘(which repair and rehabilitation shall in5 clude lowering the crest of the Dam by not more than

6 12.5 feet)’’.

7 SEC. 3081. TOUSSAINT RIVER NAVIGATION PROJECT, CAR8 ROLL TOWNSHIP, OHIO.

9 Increased operation and maintenance activities for the

10 Toussaint River Federal Navigation Project, Carroll Town11 ship, Ohio, that are carried out in accordance with section

12 107 of the River and Harbor Act of 1960 (33 U.S.C. 577)

13 and relate directly to the presence of unexploded ordnance,

14 shall be carried out at full Federal expense.

15 SEC. 3082. ARCADIA LAKE, OKLAHOMA.

16 Payments made by the city of Edmond, Oklahoma, to

17 the Secretary in October 1999 of all costs associated with

18 present and future water storage costs at Arcadia Lake,

19 Oklahoma, under Arcadia Lake Water Storage Contract

20 Number DACW56–79–C–0072 shall satisfy the obligations

21 of the city under that contract.

22 SEC. 3083. LAKE EUFAULA, OKLAHOMA.

23 (a) PROJECT GOAL.—

24 (1) IN GENERAL.—The goal for operation of Lake

25 Eufaula shall be to maximize the use of available
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1 storage in a balanced approach that incorporates ad2 vice from representatives from all the project purposes

3 to ensure that the full value of the reservoir is realized

4 by the United States.

5 (2) RECOGNITION OF PURPOSE.—To achieve the

6 goal described in paragraph (1), recreation is recog7 nized as a project purpose at Lake Eufaula, pursuant

8 to the Act of December 22, 1944 (commonly known as

9 the ‘‘Flood Control Act of 1944’’) (58 Stat. 887, chap10 ter 665).

11 (b) LAKE EUFAULA ADVISORY COMMITTEE.—

12 (1) IN GENERAL.—In accordance with the Fed13 eral Advisory Committee Act (5 U.S.C. App.), the

14 Secretary shall establish an advisory committee for

15 the Lake Eufaula, Canadian River, Oklahoma project

16 authorized by the Act of July 24, 1946 (commonly

17 known as the ‘‘River and Harbor Act of 1946’’) (Pub18 lic Law 79–525; 60 Stat. 634).

19 (2) PURPOSE.—The purpose of the committee

20 shall be advisory only.

21 (3) DUTIES.—The committee shall provide infor22 mation and recommendations to the Corps of Engi23 neers regarding the operations of Lake Eufaula for

24 the project purposes for Lake Eufaula.
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1 (4) COMPOSITION.—The Committee shall be com2 posed of members that equally represent the project

3 purposes for Lake Eufaula.

4 (c) REALLOCATION STUDY.—

5 (1) IN GENERAL.—Subject to the appropriation

6 of funds, the Secretary, acting through the Chief of

7 Engineers, shall perform a reallocation study, at full

8 Federal expense, to develop and present recommenda9 tions concerning the best value, while minimizing eco10 logical damages, for current and future use of the

11 Lake Eufaula storage capacity for the authorized

12 project purposes of flood control, water supply, hydro13 electric power, navigation, fish and wildlife, and

14 recreation.

15 (2) FACTORS FOR CONSIDERATION.—The re16 allocation study shall take into consideration the rec17 ommendations of the Lake Eufaula Advisory Com18 mittee.

19 (d) POOL MANAGEMENT PLAN.—

20 (1) IN GENERAL.—Not later than 360 days after

21 the date of enactment of this Act, to the extent feasible

22 within available project funds and subject to the com23 pletion and approval of the reallocation study under

24 subsection (c), the Tulsa District Engineer, taking

25 into consideration recommendations of the Lake
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1 Eufaula Advisory Committee, shall develop an in2 terim management plan that accommodates all

3 project purposes for Lake Eufaula.

4 (2) MODIFICATIONS.—A modification of the plan

5 under paragraph (1) shall not cause significant ad6 verse impacts on any existing permit, lease, license,

7 contract, public law, or project purpose, including

8 flood control operation, relating to Lake Eufaula.

9 SEC. 3084. RELEASE OF RETAINED RIGHTS, INTERESTS,

10 AND RESERVATIONS, OKLAHOMA.

11 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, AND

12 RESERVATIONS.—Each reversionary interest and use re13 striction relating to public parks and recreation on the land

14 conveyed by the Secretary to the State of Oklahoma at Lake

15 Texoma pursuant to the Act entitled ‘‘An Act to authorize

16 the sale of certain lands to the State of Oklahoma’’ (67 Stat.

17 62, chapter 118) is terminated.

18 (b) INSTRUMENT OF RELEASE.—As soon as prac19 ticable after the date of enactment of this Act, the Secretary

20 shall execute and file in the appropriate office a deed of

21 release, an amended deed, or another appropriate instru22 ment to release each interest and use restriction described

23 in subsection (a).
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1 SEC. 3085. OKLAHOMA LAKES DEMONSTRATION PROGRAM,

2 OKLAHOMA.

3 (a) IMPLEMENTATION OF PROGRAM.—Not later than

4 1 year after the date of enactment of this Act, the Secretary

5 shall implement an innovative program at the lakes located

6 primarily in the State of Oklahoma that are a part of an

7 authorized civil works project under the administrative ju8 risdiction of the Corps of Engineers for the purpose of dem9 onstrating the benefits of enhanced recreation facilities and

10 activities at those lakes.

11 (b) REQUIREMENTS.—In implementing the program

12 under subsection (a), the Secretary shall, consistent with

13 authorized project purposes—

14 (1) pursue strategies that will enhance, to the

15 maximum extent practicable, recreation experiences

16 at the lakes included in the program;

17 (2) use creative management strategies that opti18 mize recreational activities; and

19 (3) ensure continued public access to recreation

20 areas located on or associated with the civil works

21 project.

22 (c) GUIDELINES.—Not later than 180 days after the

23 date of enactment of this Act, the Secretary shall issue

24 guidelines for the implementation of this section, to be de25 veloped in coordination with the State of Oklahoma.

26 (d) REPORT.—
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1 (1) IN GENERAL.—Not later than 2 years after

2 the date of enactment of this Act, the Secretary shall

3 submit to the Committee on Environment and Public

4 Works of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representa6 tives a report describing the results of the program

7 under subsection (a).

8 (2) INCLUSIONS.—The report under paragraph

9 (1) shall include a description of the projects under10 taken under the program, including—

11 (A) an estimate of the change in any related

12 recreational opportunities;

13 (B) a description of any leases entered into,

14 including the parties involved; and

15 (C) the financial conditions that the Corps

16 of Engineers used to justify those leases.

17 (3) AVAILABILITY TO PUBLIC.—The Secretary

18 shall make the report available to the public in elec19 tronic and written formats.

20 (e) TERMINATION.—The authority provided by this

21 section shall terminate on the date that is 10 years after

22 the date of enactment of this Act.

23 SEC. 3086. WAURIKA LAKE, OKLAHOMA.

24 The remaining obligation of the Waurika Project Mas25 ter Conservancy District payable to the United States Gov-
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1 ernment in the amounts, rates of interest, and payment

2 schedules—

3 (1) is set at the amounts, rates of interest, and

4 payment schedules that existed on June 3, 1986; and

5 (2) may not be adjusted, altered, or changed

6 without a specific, separate, and written agreement

7 between the District and the United States.

8 SEC. 3087. LOOKOUT POINT PROJECT, LOWELL, OREGON.

9 (a) IN GENERAL.—Subject to subsection (c), the Sec10 retary shall convey at fair market value to the Lowell

11 School District No. 71, all right, title, and interest of the

12 United States in and to a parcel consisting of approxi13 mately 0.98 acres of land, including 3 abandoned buildings

14 on the land, located in Lowell, Oregon, as described in sub15 section (b).

16 (b) DESCRIPTION OF PROPERTY.—The parcel of land

17 to be conveyed under subsection (a) is more particularly

18 described as follows: Commencing at the point of intersec19 tion of the west line of Pioneer Street with the westerly ex20 tension of the north line of Summit Street, in Meadows Ad21 dition to Lowell, as platted and recorded on page 56 of vol22 ume 4, Lane County Oregon Plat Records; thence north on

23 the west line of Pioneer Street a distance of 176.0 feet to

24 the true point of beginning of this description; thence north

25 on the west line of Pioneer Street a distance of 170.0 feet;
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1 thence west at right angles to the west line of Pioneer Street

2 a distance of 250.0 feet; thence south and parallel to the

3 west line of Pioneer Street a distance of 170.0 feet; and

4 thence east 250.0 feet to the true point of beginning of this

5 description in sec. 14, T. 19 S., R. 1 W. of the Willamette

6 Meridian, Lane County, Oregon.

7 (c) CONDITION.—The Secretary shall not complete the

8 conveyance under subsection (a) until such time as the For9 est Service—

10 (1) completes and certifies that necessary envi11 ronmental remediation associated with the structures

12 located on the property is complete; and

13 (2) transfers the structures to the Corps of Engi14 neers.

15 (d) EFFECT OF OTHER LAW.—

16 (1) APPLICABILITY OF PROPERTY SCREENING

17 PROVISIONS.—Section 2696 of title 10, United States

18 Code, shall not apply to any conveyance under this

19 section.

20 (2) LIABILITY.—

21 (A) IN GENERAL.—Lowell School District

22 No, 71 shall hold the United States harmless

23 from any liability with respect to activities car24 ried out on the property described in subsection
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1 (b) on or after the date of the conveyance under

2 subsection (a).

3 (B) CERTAIN ACTIVITIES.—The United

4 States shall be liable with respect to any activity

5 carried out on the property described in sub6 section (b) before the date of conveyance under

7 subsection (a).

8 SEC. 3088. UPPER WILLAMETTE RIVER WATERSHED ECO9 SYSTEM RESTORATION.

10 (a) IN GENERAL.—The Secretary shall conduct studies

11 and ecosystem restoration projects for the upper Willamette

12 River watershed from Albany, Oregon, to the headwaters

13 of the Willamette River and tributaries.

14 (b) CONSULTATION.—The Secretary shall carry out

15 ecosystem restoration projects under this section for the

16 Upper Willamette River watershed in consultation with the

17 Governor of the State of Oregon, the heads of appropriate

18 Indian tribes, the Environmental Protection Agency, the

19 United States Fish and Wildlife Service, the National Ma20 rine Fisheries Service, the Bureau of Land Management,

21 the Forest Service, and local entities.

22 (c) AUTHORIZED ACTIVITIES.—In carrying out eco23 system restoration projects under this section, the Secretary

24 shall undertake activities necessary to protect, monitor, and

25 restore fish and wildlife habitat.
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1 (d) COST SHARING REQUIREMENTS.—

2 (1) STUDIES.—Studies conducted under this sec3 tion shall be subject to cost sharing in accordance

4 with section 206 of the Water Resources Development

5 Act of 1996 (33 U.S.C. 2330).

6 (2) ECOSYSTEM RESTORATION PROJECTS.—

7 (A) IN GENERAL.—Non-Federal interests

8 shall pay 35 percent of the cost of any ecosystem

9 restoration project carried out under this section.

10 (B) ITEMS PROVIDED BY NON-FEDERAL IN11 TERESTS.—

12 (i) IN GENERAL.—Non-Federal inter13 ests shall provide all land, easements,

14 rights-of-way, dredged material disposal

15 areas, and relocations necessary for eco16 system restoration projects to be carried out

17 under this section.

18 (ii) CREDIT TOWARD PAYMENT.—The

19 value of the land, easements, rights-of-way,

20 dredged material disposal areas, and reloca21 tions provided under paragraph (1) shall be

22 credited toward the payment required under

23 subsection (a).

24 (C) IN-KIND CONTRIBUTIONS.—100 percent

25 of the non-Federal share required under sub-
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1 section (a) may be satisfied by the provision of

2 in-kind contributions.

3 (3) OPERATIONS AND MAINTENANCE.—Non-Fed4 eral interests shall be responsible for all costs associ5 ated with operating, maintaining, replacing, repair6 ing, and rehabilitating all projects carried out under

7 this section.

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $15,000,000.

11 SEC. 3089. TIOGA TOWNSHIP, PENNSYLVANIA.

12 (a) IN GENERAL.—The Secretary shall convey to the

13 Tioga Township, Pennsylvania, at fair market value, all

14 right, title, and interest in and to the parcel of real property

15 located on the northeast end of Tract No. 226, a portion

16 of the Tioga-Hammond Lakes Floods Control Project, Tioga

17 County, Pennsylvania, consisting of approximately 8 acres,

18 together with any improvements on that property, in as19 is condition, for public ownership and use as the site of

20 the administrative offices and road maintenance complex

21 for the Township.

22 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The

23 exact acreage and the legal description of the real property

24 described in subsection (a) shall be determined by a survey

25 that is satisfactory to the Secretary.
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1 (c) RESERVATION OF INTERESTS.—The Secretary shall

2 reserve such rights and interests in and to the property to

3 be conveyed as the Secretary considers necessary to preserve

4 the operational integrity and security of the Tioga-Ham5 mond Lakes Flood Control Project.

6 (d) REVERSION.—If the Secretary determines that the

7 property conveyed under subsection (a) ceases to be held in

8 public ownership, or to be used as a site for the Tioga Town9 ship administrative offices and road maintenance complex

10 or for related public purposes, all right, title, and interest

11 in and to the property shall revert to the United States,

12 at the option of the United States.

13 SEC. 3090. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL14 VANIA AND NEW YORK.

15 Section 567 of the Water Resources Development Act

16 of 1996 (110 Stat. 3787) is amended—

17 (1) by striking subsection (c) and inserting the

18 following:

19 ‘‘(c) COOPERATION AGREEMENTS.—

20 ‘‘(1) IN GENERAL.—In conducting the study and

21 implementing the strategy under this section, the Sec22 retary shall enter into cost-sharing and project co23 operation agreements with the Federal Government,

24 State and local governments (with the consent of the

25 State and local governments), land trusts, or non-
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1 profit, nongovernmental organizations with expertise

2 in wetland restoration.

3 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co4 operation agreement, the Secretary may provide as5 sistance for implementation of wetland restoration

6 projects and soil and water conservation measures.’’;

7 and

8 (2) by striking subsection (d) and inserting the

9 following:

10 ‘‘(d) IMPLEMENTATION OF STRATEGY.—

11 ‘‘(1) IN GENERAL.—The Secretary shall carry

12 out the development, demonstration, and implementa13 tion of the strategy under this section in cooperation

14 with local landowners, local government officials, and

15 land trusts.

16 ‘‘(2) GOALS OF PROJECTS.—Projects to imple17 ment the strategy under this subsection shall be de18 signed to take advantage of ongoing or planned ac19 tions by other agencies, local municipalities, or non20 profit, nongovernmental organizations with expertise

21 in wetland restoration that would increase the effec22 tiveness or decrease the overall cost of implementing

23 recommended projects.’’.
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1 SEC. 3091. NARRAGANSETT BAY, RHODE ISLAND.

2 The Secretary may use amounts in the Environmental

3 Restoration Account, Formerly Used Defense Sites, under

4 section 2703(a)(5) of title 10, United States Code, for the

5 removal of abandoned marine camels at any Formerly Used

6 Defense Site under the jurisdiction of the Department of

7 Defense that is undergoing (or is scheduled to undergo) en8 vironmental remediation under chapter 160 of title 10,

9 United States Code (and other provisions of law), in Narra10 gansett Bay, Rhode Island, in accordance with the Corps

11 of Engineers prioritization process under the Formerly

12 Used Defense Sites program.

13 SEC. 3092. SOUTH CAROLINA DEPARTMENT OF COMMERCE

14 DEVELOPMENT PROPOSAL AT RICHARD B.

15 RUSSELL LAKE, SOUTH CAROLINA.

16 (a) IN GENERAL.—The Secretary shall convey to the

17 State of South Carolina, by quitclaim deed, all right, title,

18 and interest of the United States in and to the parcels of

19 land described in subsection (b)(1) that are managed, as

20 of the date of enactment of this Act, by the South Carolina

21 Department of Commerce for public recreation purposes for

22 the Richard B. Russell Dam and Lake, South Carolina,

23 project authorized by section 203 of the Flood Control Act

24 of 1966 (80 Stat. 1420).

25 (b) LAND DESCRIPTION.—
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1 (1) IN GENERAL.—Subject to paragraphs (2) and

2 (3), the parcels of land referred to in subsection (a)

3 are the parcels contained in the portion of land de4 scribed in Army Lease Number DACW21–1–92–0500.

5 (2) RETENTION OF INTERESTS.—The United

6 States shall retain—

7 (A) ownership of all land included in the

8 lease referred to in paragraph (1) that would

9 have been acquired for operational purposes in

10 accordance with the 1971 implementation of the

11 1962 Army/Interior Joint Acquisition Policy;

12 and

13 (B) such other land as is determined by the

14 Secretary to be required for authorized project

15 purposes, including easement rights-of-way to re16 maining Federal land.

17 (3) SURVEY.—The exact acreage and legal de18 scription of the land described in paragraph (1) shall

19 be determined by a survey satisfactory to the Sec20 retary, with the cost of the survey to be paid by the

21 State.

22 (c) GENERAL PROVISIONS.—

23 (1) APPLICABILITY OF PROPERTY SCREENING

24 PROVISIONS.—Section 2696 of title 10, United States
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1 Code, shall not apply to the conveyance under this

2 section.

3 (2) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require that the conveyance under this

5 section be subject to such additional terms and condi6 tions as the Secretary considers appropriate to protect

7 the interests of the United States.

8 (3) COSTS OF CONVEYANCE.—

9 (A) IN GENERAL.—The State shall be re10 sponsible for all costs, including real estate

11 transaction and environmental compliance costs,

12 associated with the conveyance under this sec13 tion.

14 (B) FORM OF CONTRIBUTION.—As deter15 mined appropriate by the Secretary, in lieu of

16 payment of compensation to the United States

17 under subparagraph (A), the State may perform

18 certain environmental or real estate actions asso19 ciated with the conveyance under this section if

20 those actions are performed in close coordination

21 with, and to the satisfaction of, the United

22 States.

23 (4) LIABILITY.—The State shall hold the United

24 States harmless from any liability with respect to ac25 tivities carried out, on or after the date of the convey-
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1 ance, on the real property conveyed under this sec2 tion.

3 (d) ADDITIONAL TERMS AND CONDITIONS.—

4 (1) IN GENERAL.—The State shall pay fair mar5 ket value consideration, as determined by the United

6 States, for any land included in the conveyance under

7 this section.

8 (2) NO EFFECT ON SHORE MANAGEMENT POL9 ICY.—The Shoreline Management Policy (ER–1130–

10 2–406) of the Corps of Engineers shall not be changed

11 or altered for any proposed development of land con12 veyed under this section.

13 (3) FEDERAL STATUTES.—The conveyance under

14 this section shall be subject to the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

16 (including public review under that Act) and other

17 Federal statutes.

18 (4) COST SHARING.—In carrying out the convey19 ance under this section, the Secretary and the State

20 shall comply with all obligations of any cost sharing

21 agreement between the Secretary and the State in ef22 fect as of the date of the conveyance.

23 (5) LAND NOT CONVEYED.—The State shall con24 tinue to manage the land not conveyed under this sec-
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1 tion in accordance with the terms and conditions of

2 Army Lease Number DACW21–1–92–0500.

3 SEC. 3093. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

4 (a) MEMBERSHIP.—Section 904(b)(1)(B) of the Water

5 Resources Development Act of 2000 (114 Stat. 2708) is

6 amended—

7 (1) in clause (vii), by striking ‘‘and’’ at the end;

8 (2) by redesignating clause (viii) as clause (ix);

9 and

10 (3) by inserting after clause (vii) the following:

11 ‘‘(viii) rural water systems; and’’.

12 (b) REAUTHORIZATION.—Section 907(a) of the Water

13 Resources Development Act of 2000 (114 Stat. 2712) is

14 amended in the first sentence by striking ‘‘2005’’ and in15 serting ‘‘2010’’.

16 SEC. 3094. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN17 HANCEMENT PROJECT.

18 Section 514 of the Water Resources Development Act

19 of 1999 (113 Stat. 343; 117 Stat. 142) is amended—

20 (1) by redesignating subsections (f) and (g) as

21 subsections (h) and (i), respectively;

22 (2) in subsection (h) (as redesignated by para23 graph (1)), by striking paragraph (1) and inserting

24 the following:

25 ‘‘(1) NON-FEDERAL SHARE.—
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1 ‘‘(A) IN GENERAL.—The non-Federal share

2 of the cost of projects may be provided—

3 ‘‘(i) in cash;

4 ‘‘(ii) by the provision of land, ease5 ments, rights-of-way, relocations, or dis6 posal areas;

7 ‘‘(iii) by in-kind services to implement

8 the project; or

9 ‘‘(iv) by any combination of the fore10 going.

11 ‘‘(B) PRIVATE OWNERSHIP.—Land needed

12 for a project under this authority may remain in

13 private ownership subject to easements that

14 are—

15 ‘‘(i) satisfactory to the Secretary; and

16 ‘‘(ii) necessary to assure achievement of

17 the project purposes.’’;

18 (3) in subsection (i) (as redesignated by para19 graph (1)), by striking ‘‘for the period of fiscal years

20 2000 and 2001.’’ and inserting ‘‘per year, and that

21 authority shall extend until Federal fiscal year

22 2015.’’; and

23 (4) by inserting after subsection (e) the following:

24 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section

25 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–
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1 5b(b)), for any project undertaken under this section, a non2 Federal interest may include a regional or national non3 profit entity with the consent of the affected local govern4 ment.

5 ‘‘(g) COST LIMITATION.—Not more than $5,000,000 in

6 Federal funds may be allotted under this section for a

7 project at any single locality.’’

8 SEC. 3095. ANDERSON CREEK, JACKSON AND MADISON

9 COUNTIES, TENNESSEE.

10 (a) IN GENERAL.—The Secretary may carry out a

11 project for flood damage reduction under section 205 of the

12 Flood Control Act of 1948 (33 U.S.C. 701s) at Anderson

13 Creek, Jackson and Madison Counties, Tennessee, if the Sec14 retary determines that the project is technically sound, envi15 ronmentally acceptable, and economically justified.

16 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU17 TARIES PROJECT, TENNESSEE.—Consistent with the report

18 of the Chief of Engineers dated March 24, 1948, on the West

19 Tennessee Tributaries project—

20 (1) Anderson Creek shall not be considered to be

21 an authorized channel of the West Tennessee Tribu22 taries Project; and

23 (2) the Anderson Creek flood damage reduction

24 project shall not be considered to be part of the West

25 Tennessee Tributaries Project.
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1 SEC. 3096. HARRIS FORK CREEK, TENNESSEE AND KEN2 TUCKY.

3 Notwithstanding section 1001(b)(1) of the Water Re4 sources Development Act of 1986 (33 U.S.C. 579a), the

5 project for flood control, Harris Fork Creek, Tennessee and

6 Kentucky, authorized by section 102 of the Water Resources

7 Development Act of 1976 (33 U.S.C. 701c note; 90 Stat.

8 2920) shall remain authorized to be carried out by the Sec9 retary for a period of 7 years beginning on the date of en10 actment of this Act.

11 SEC. 3097. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

12 The project for flood control, Nonconnah Creek, Ten13 nessee and Mississippi, authorized by section 401 of the

14 Water Resources Development Act of 1986 (100 Stat. 4124)

15 and modified by the section 334 of the Water Resources De16 velopment Act of 2000 (114 Stat. 2611), is modified to au17 thorize the Secretary—

18 (1) to reconstruct, at full Federal expense, the

19 weir originally constructed in the vicinity of the

20 mouth of Nonconnah Creek; and

21 (2) to make repairs and maintain the weir in

22 the future so that the weir functions properly.

23 SEC. 3098. OLD HICKORY LOCK AND DAM, CUMBERLAND

24 RIVER, TENNESSEE.

25 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, RES26 ERVATIONS.—With respect to land conveyed by the Sec-
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1 retary to the Tennessee Society of Crippled Children and

2 Adults, Incorporated (commonly known as ‘‘Easter Seals

3 Tennessee’’) at Old Hickory Lock and Dam, Cumberland

4 River, Tennessee, under section 211 of the Flood Control

5 Act of 1965 (79 Stat. 1087), the reversionary interests and

6 the use restrictions relating to recreation and camping pur7 poses are extinguished.

8 (b) INSTRUMENT OF RELEASE.—As soon as prac9 ticable after the date of enactment of this Act, the Secretary

10 shall execute and file in the appropriate office a deed of

11 release, amended deed, or other appropriate instrument ef12 fectuating the release of interests required by subsection (a).

13 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

14 section affects any remaining right or interest of the Corps

15 of Engineers with respect to an authorized purpose of any

16 project.

17 SEC. 3099. SANDY CREEK, JACKSON COUNTY, TENNESSEE.

18 (a) IN GENERAL.—The Secretary may carry out a

19 project for flood damage reduction under section 205 of the

20 Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy Creek,

21 Jackson County, Tennessee, if the Secretary determines that

22 the project is technically sound, environmentally acceptable,

23 and economically justified.

24 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU25 TARIES PROJECT, TENNESSEE.—Consistent with the report
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1 of the Chief of Engineers dated March 24, 1948, on the West

2 Tennessee Tributaries project—

3 (1) Sandy Creek shall not be considered to be an

4 authorized channel of the West Tennessee Tributaries

5 Project; and

6 (2) the Sandy Creek flood damage reduction

7 project shall not be considered to be part of the West

8 Tennessee Tributaries Project.

9 SEC. 3100. CEDAR BAYOU, TEXAS.

10 Section 349(a)(2) of the Water Resources Development

11 Act of 2000 (114 Stat. 2632) is amended by striking ‘‘except

12 that the project is authorized only for construction of a

13 navigation channel 12 feet deep by 125 feet wide’’ and in14 serting ‘‘except that the project is authorized for construc15 tion of a navigation channel that is 10 feet deep by 100

16 feet wide’’.

17 SEC. 3101. DENISON, TEXAS.

18 (a) IN GENERAL.—The Secretary may offer to convey

19 at fair market value to the city of Denison, Texas (or a

20 designee of the city), all right, title, and interest of the

21 United States in and to the approximately 900 acres of

22 land located in Grayson County, Texas, which is currently

23 subject to an Application for Lease for Public Park and

24 Recreational Purposes made by the city of Denison, dated

25 August 17, 2005.
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1 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The

2 exact acreage and description of the real property referred

3 to in subsection (a) shall be determined by a survey paid

4 for by the city of Denison, Texas (or a designee of the city),

5 that is satisfactory to the Secretary.

6 (c) CONVEYANCE.—On acceptance by the city of

7 Denison, Texas (or a designee of the city), of an offer under

8 subsection (a), the Secretary may immediately convey the

9 land surveyed under subsection (b) by quitclaim deed to the

10 city of Denison, Texas (or a designee of the city).

11 SEC. 3102. FREEPORT HARBOR, TEXAS.

12 (a) IN GENERAL.—The project for navigation, Free13 port Harbor, Texas, authorized by section 101 of the River

14 and Harbor Act of 1970 (84 Stat. 1818), is modified to

15 provide that—

16 (1) all project costs incurred as a result of the

17 discovery of the sunken vessel COMSTOCK of the

18 Corps of Engineers are a Federal responsibility; and

19 (2) the Secretary shall not seek further obligation

20 or responsibility for removal of the vessel COM21 STOCK, or costs associated with a delay due to the

22 discovery of the sunken vessel COMSTOCK, from the

23 Port of Freeport.
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1 (b) COST SHARING.—This section does not affect the

2 authorized cost sharing for the balance of the project de3 scribed in subsection (a).

4 SEC. 3103. HARRIS COUNTY, TEXAS.

5 Section 575(b) of the Water Resources Development Act

6 of 1996 (110 Stat. 3789; 113 Stat. 311) is amended—

7 (1) in paragraph (3), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (4), by striking the period at

10 the end and inserting ‘‘; and’’; and

11 (3) by adding the following:

12 ‘‘(5) the project for flood control, Upper White

13 Oak Bayou, Texas, authorized by section 401(a) of the

14 Water Resources Development Act of 1986 (100 Stat.

15 4125).’’.

16 SEC. 3104. CONNECTICUT RIVER RESTORATION, VERMONT.

17 Notwithstanding section 221 of the Flood Control Act

18 of 1970 (42 U.S.C. 1962d–5b), with respect to the study

19 entitled ‘‘Connecticut River Restoration Authority’’, dated

20 May 23, 2001, a nonprofit entity may act as the non-Fed21 eral interest for purposes of carrying out the activities de22 scribed in the agreement executed between The Nature Con23 servancy and the Department of the Army on August 5,

24 2005.
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1 SEC. 3105. DAM REMEDIATION, VERMONT.

2 Section 543 of the Water Resources Development Act

3 of 2000 (114 Stat. 2673) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (2), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (3), by striking the period

8 at the end and inserting ‘‘; and’’; and

9 (C) by adding at the end the following:

10 ‘‘(4) may carry out measures to restore, protect,

11 and preserve an ecosystem affected by a dam de12 scribed in subsection (b).’’; and

13 (2) in subsection (b), by adding at the end the

14 following:

15 ‘‘(11) Camp Wapanacki, Hardwick.

16 ‘‘(12) Star Lake Dam, Mt. Holly.

17 ‘‘(13) Curtis Pond, Calais.

18 ‘‘(14) Weathersfield Reservoir, Springfield.

19 ‘‘(15) Burr Pond, Sudbury.

20 ‘‘(16) Maidstone Lake, Guildhall.

21 ‘‘(17) Upper and Lower Hurricane Dam.

22 ‘‘(18) Lake Fairlee.

23 ‘‘(19) West Charleston Dam.’’.
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1 SEC. 3106. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER

2 CHESTNUT, AND OTHER NONNATIVE PLANT

3 CONTROL, VERMONT.

4 Under authority of section 104 of the River and Har5 bor Act of 1958 (33 U.S.C. 610), the Secretary shall revise

6 the existing General Design Memorandum to permit the use

7 of chemical means of control, when appropriate, of Eur8 asian milfoil, water chestnuts, and other nonnative plants

9 in the Lake Champlain basin, Vermont.

10 SEC. 3107. UPPER CONNECTICUT RIVER BASIN WETLAND

11 RESTORATION, VERMONT AND NEW HAMP12 SHIRE.

13 (a) IN GENERAL.—The Secretary, in cooperation with

14 the States of Vermont and New Hampshire, shall carry out

15 a study and develop a strategy for the use of wetland res16 toration, soil and water conservation practices, and non17 structural measures to reduce flood damage, improve water

18 quality, and create wildlife habitat in the Upper Con19 necticut River watershed.

20 (b) COST SHARING.—

21 (1) FEDERAL SHARE.—The Federal share of the

22 cost of the study and development of the strategy

23 under subsection (a) shall be 65 percent.

24 (2) NON-FEDERAL SHARE.—The non-Federal

25 share of the cost of the study and development of the
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1 strategy may be provided through the contribution of

2 in-kind services and materials.

3 (c) NON-FEDERAL INTEREST.—A nonprofit organiza4 tion with wetland restoration experience may serve as the

5 non-Federal interest for the study and development of the

6 strategy under this section.

7 (d) COOPERATIVE AGREEMENTS.—In conducting the

8 study and developing the strategy under this section, the

9 Secretary may enter into 1 or more cooperative agreements

10 to provide technical assistance to appropriate Federal,

11 State, and local agencies and nonprofit organizations with

12 wetland restoration experience, including assistance for the

13 implementation of wetland restoration projects and soil and

14 water conservation measures.

15 (e) IMPLEMENTATION.—The Secretary shall carry out

16 development and implementation of the strategy under this

17 section in cooperation with local landowners and local gov18 ernment officials.

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $5,000,000, to remain available until expended.

22 SEC. 3108. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM

23 RESTORATION, VERMONT AND NEW HAMP24 SHIRE.

25 (a) GENERAL MANAGEMENT PLAN DEVELOPMENT.—
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1 (1) IN GENERAL.—The Secretary, in cooperation

2 with the Secretary of Agriculture and in consultation

3 with the States of Vermont and New Hampshire and

4 the Connecticut River Joint Commission, shall con5 duct a study and develop a general management plan

6 for ecosystem restoration of the Upper Connecticut

7 River ecosystem for the purposes of—

8 (A) habitat protection and restoration;

9 (B) streambank stabilization;

10 (C) restoration of stream stability;

11 (D) water quality improvement;

12 (E) invasive species control;

13 (F) wetland restoration;

14 (G) fish passage; and

15 (H) natural flow restoration.

16 (2) EXISTING PLANS.—In developing the general

17 management plan, the Secretary shall depend heavily

18 on existing plans for the restoration of the Upper

19 Connecticut River.

20 (b) CRITICAL RESTORATION PROJECTS.—

21 (1) IN GENERAL.—The Secretary may partici22 pate in any critical restoration project in the Upper

23 Connecticut River Basin in accordance with the gen24 eral management plan developed under subsection (a).
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1 (2) ELIGIBLE PROJECTS.—A critical restoration

2 project shall be eligible for assistance under this sec3 tion if the project—

4 (A) meets the purposes described in the gen5 eral management plan developed under sub6 section (a); and

7 (B) with respect to the Upper Connecticut

8 River and Upper Connecticut River watershed,

9 consists of—

10 (i) bank stabilization of the main stem,

11 tributaries, and streams;

12 (ii) wetland restoration and migratory

13 bird habitat restoration;

14 (iii) soil and water conservation;

15 (iv) restoration of natural flows;

16 (v) restoration of stream stability;

17 (vi) implementation of an intergovern18 mental agreement for coordinating eco19 system restoration, fish passage installation,

20 streambank stabilization, wetland restora21 tion, habitat protection and restoration, or

22 natural flow restoration;

23 (vii) water quality improvement;

24 (viii) invasive species control;
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1 (ix) wetland restoration and migratory

2 bird habitat restoration;

3 (x) improvements in fish migration;

4 and

5 (xi) conduct of any other project or ac6 tivity determined to be appropriate by the

7 Secretary.

8 (c) COST SHARING.—The Federal share of the cost of

9 any project carried out under this section shall not be less

10 than 65 percent.

11 (d) NON-FEDERAL INTEREST.—A nonprofit organiza12 tion may serve as the non-Federal interest for a project car13 ried out under this section.

14 (e) CREDITING.—

15 (1) FOR WORK.—The Secretary shall provide

16 credit, including credit for in-kind contributions of

17 up to 100 percent of the non-Federal share, for work

18 (including design work and materials) if the Sec19 retary determines that the work performed by the

20 non-Federal interest is integral to the product.

21 (2) FOR OTHER CONTRIBUTIONS.—The non-Fed22 eral interest shall receive credit for land, easements,

23 rights-of-way, dredged material disposal areas, and

24 relocations necessary to implement the projects.
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1 (f) COOPERATIVE AGREEMENTS.—In carrying out this

2 section, the Secretary may enter into 1 or more cooperative

3 agreements to provide financial assistance to appropriate

4 Federal, State, or local governments or nonprofit agencies,

5 including assistance for the implementation of projects to

6 be carried out under subsection (b).

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $20,000,000, to remain available until expended.

10 SEC. 3109. LAKE CHAMPLAIN WATERSHED, VERMONT AND

11 NEW YORK.

12 Section 542 of the Water Resources Development Act

13 of 2000 (114 Stat. 2671) is amended—

14 (1) in subsection (b)(2)—

15 (A) in subparagraph (D), by striking ‘‘or’’

16 at the end;

17 (B) by redesignating subparagraph (E) as

18 subparagraph (G); and

19 (C) by inserting after subparagraph (D) the

20 following:

21 ‘‘(E) river corridor assessment, protection,

22 management, and restoration for the purposes of

23 ecosystem restoration;

24 ‘‘(F) geographic mapping conducted by the

25 Secretary using existing technical capacity to
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1 produce a high-resolution, multispectral satellite

2 imagery-based land use and cover data set; or’’;

3 (2) in subsection (e)(2)—

4 (A) in subparagraph (A)—

5 (i) by striking ‘‘The non-Federal’’ and

6 inserting the following:

7 ‘‘(i) IN GENERAL.—The non-Federal’’;

8 and

9 (ii) by adding at the end the following:

10 ‘‘(ii) APPROVAL OF DISTRICT ENGI11 NEER.—Approval of credit for design work

12 of less than $100,000 shall be determined by

13 the appropriate district engineer.’’; and

14 (B) in subparagraph (C), by striking ‘‘up to

15 50 percent of’’; and

16 (3) in subsection (g), by striking ‘‘$20,000,000’’

17 and inserting ‘‘$32,000,000’’.

18 SEC. 3110. CHESAPEAKE BAY OYSTER RESTORATION, VIR19 GINIA AND MARYLAND.

20 Section 704(b) of the Water Resources Development Act

21 of 1986 (33 U.S.C. 2263(b)) is amended—

22 (1) by redesignating paragraph (2) as para23 graph (4);

24 (2) in paragraph (1)—
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1 (A) in the second sentence, by striking

2 ‘‘$20,000,000’’ and inserting ‘‘$50,000,000’’; and

3 (B) in the third sentence, by striking ‘‘Such

4 projects’’ and inserting the following:

5 ‘‘(2) INCLUSIONS.—Such projects’’;

6 (3) by striking paragraph (2)(D) (as redesig7 nated by paragraph (2)(B)) and inserting the fol8 lowing:

9 ‘‘(D) the restoration and rehabilitation of

10 habitat for fish, including native oysters, in the

11 Chesapeake Bay and its tributaries in Virginia

12 and Maryland, including—

13 ‘‘(i) the construction of oyster bars and

14 reefs;

15 ‘‘(ii) the rehabilitation of existing mar16 ginal habitat;

17 ‘‘(iii) the use of appropriate alter18 native substrate material in oyster bar and

19 reef construction;

20 ‘‘(iv) the construction and upgrading

21 of oyster hatcheries; and

22 ‘‘(v) activities relating to increasing

23 the output of native oyster broodstock for

24 seeding and monitoring of restored sites to

25 ensure ecological success.
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1 ‘‘(3) RESTORATION AND REHABILITATION ACTIVI2 TIES.—The restoration and rehabilitation activities

3 described in paragraph (2)(D) shall be—

4 ‘‘(A) for the purpose of establishing perma5 nent sanctuaries and harvest management areas;

6 and

7 ‘‘(B) consistent with plans and strategies

8 for guiding the restoration of the Chesapeake

9 Bay oyster resource and fishery.’’; and

10 (4) by adding at the end the following:

11 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.—In

12 this subsection, the term ‘ecological success’ means—

13 ‘‘(A) achieving a tenfold increase in native

14 oyster biomass by the year 2010, from a 1994

15 baseline; and

16 ‘‘(B) the establishment of a sustainable fish17 ery as determined by a broad scientific and eco18 nomic consensus.’’.

19 SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA.

20 Section 577(a) of the Water Resources Development

21 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at

22 a total cost of $1,200,000, with an estimated Federal cost

23 of $900,000 and an estimated non-Federal cost of

24 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000,
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1 with an estimated Federal cost of $2,400,000 and an esti2 mated non-Federal cost of $600,000.’’.

3 SEC. 3112. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM

4 COUNTY, WASHINGTON.

5 (a) IN GENERAL.—The Lower Columbia River levees

6 and bank protection works authorized by section 204 of the

7 Flood Control Act of 1950 (64 Stat. 178) is modified with

8 regard to the Wahkiakum County diking districts No. 1 and

9 3, but without regard to any cost ceiling authorized before

10 the date of enactment of this Act, to direct the Secretary

11 to provide a 1-time placement of dredged material along

12 portions of the Columbia River shoreline of Puget Island,

13 Washington, between river miles 38 to 47, and the shoreline

14 of Westport Beach, Clatsop County, Oregon, between river

15 miles 43 to 45, to protect economic and environmental re16 sources in the area from further erosion.

17 (b) COORDINATION AND COST-SHARING REQUIRE18 MENTS.—The Secretary shall carry out subsection (a)—

19 (1) in coordination with appropriate resource

20 agencies;

21 (2) in accordance with all applicable Federal

22 law (including regulations); and

23 (3) at full Federal expense.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $1,000,000.

4 SEC. 3113. LOWER GRANITE POOL, WASHINGTON.

5 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

6 AND USE RESTRICTIONS.—With respect to property covered

7 by each deed described in subsection (b)—

8 (1) the reversionary interests and use restrictions

9 relating to port or industrial purposes are extin10 guished;

11 (2) the human habitation or other building

12 structure use restriction is extinguished in each area

13 in which the elevation is above the standard project

14 flood elevation; and

15 (3) the use of fill material to raise low areas

16 above the standard project flood elevation is author17 ized, except in any low area constituting wetland for

18 which a permit under section 404 of the Federal

19 Water Pollution Control Act (33 U.S.C. 1344) would

20 be required for the use of fill material.

21 (b) DEEDS.—The deeds referred to in subsection (a)

22 are as follows:

23 (1) Auditor’s File Numbers 432576, 443411,

24 499988, and 579771 of Whitman County, Wash25 ington.
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1 (2) Auditor’s File Numbers 125806, 138801,

2 147888, 154511, 156928, and 176360 of Asotin Coun3 ty, Washington.

4 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

5 section affects any remaining rights and interests of the

6 Corps of Engineers for authorized project purposes in or

7 to property covered by a deed described in subsection (b).

8 SEC. 3114. MCNARY LOCK AND DAM, MCNARY NATIONAL

9 WILDLIFE REFUGE, WASHINGTON AND IDAHO.

10 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—

11 Administrative jurisdiction over the land acquired for the

12 McNary Lock and Dam Project and managed by the United

13 States Fish and Wildlife Service under Cooperative Agree14 ment Number DACW68–4–00–13 with the Corps of Engi15 neers, Walla Walla District, is transferred from the Sec16 retary to the Secretary of the Interior.

17 (b) EASEMENTS.—The transfer of administrative ju18 risdiction under subsection (a) shall be subject to easements

19 in existence as of the date of enactment of this Act on land

20 subject to the transfer.

21 (c) RIGHTS OF SECRETARY.—

22 (1) IN GENERAL.—Except as provided in para23 graph (3), the Secretary shall retain rights described

24 in paragraph (2) with respect to the land for which
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1 administrative jurisdiction is transferred under sub2 section (a).

3 (2) RIGHTS.—The rights of the Secretary re4 ferred to in paragraph (1) are the rights—

5 (A) to flood land described in subsection (a)

6 to the standard project flood elevation;

7 (B) to manipulate the level of the McNary

8 Project Pool;

9 (C) to access such land described in sub10 section (a) as may be required to install, main11 tain, and inspect sediment ranges and carry out

12 similar activities;

13 (D) to construct and develop wetland, ri14 parian habitat, or other environmental restora15 tion features authorized by section 1135 of the

16 Water Resources Development Act of 1986 (33

17 U.S.C. 2309a) and section 206 of the Water Re18 sources Development Act of 1996 (33 U.S.C.

19 2330);

20 (E) to dredge and deposit fill materials;

21 and

22 (F) to carry out management actions for the

23 purpose of reducing the take of juvenile

24 salmonids by avian colonies that inhabit, before,

25 on, or after the date of enactment of this Act,
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1 any island included in the land described in sub2 section (a).

3 (3) COORDINATION.—Before exercising a right

4 described in any of subparagraphs (C) through (F) of

5 paragraph (2), the Secretary shall coordinate the ex6 ercise with the United States Fish and Wildlife Serv7 ice.

8 (d) MANAGEMENT.—

9 (1) IN GENERAL.—The land described in sub10 section (a) shall be managed by the Secretary of the

11 Interior as part of the McNary National Wildlife Ref12 uge.

13 (2) CUMMINS PROPERTY.—

14 (A) RETENTION OF CREDITS.—Habitat unit

15 credits described in the memorandum entitled

16 ‘‘Design Memorandum No. 6, LOWER SNAKE

17 RIVER FISH AND WILDLIFE COMPENSA18 TION PLAN, Wildlife Compensation and Fish19 ing Access Site Selection, Letter Supplement No.

20 15, SITE DEVELOPMENT PLAN FOR THE

21 WALLULA HMU’’ provided for the Lower

22 Snake River Fish and Wildlife Compensation

23 Plan through development of the parcel of land

24 formerly known as the ‘‘Cummins property’’

25 shall be retained by the Secretary despite any
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1 changes in management of the parcel on or after

2 the date of enactment of this Act.

3 (B) SITE DEVELOPMENT PLAN.—The United

4 States Fish and Wildlife Service shall obtain

5 prior approval of the Washington State Depart6 ment of Fish and Wildlife for any change to the

7 previously approved site development plan for

8 the parcel of land formerly known as the

9 ‘‘Cummins property’’.

10 (3) MADAME DORIAN RECREATION AREA.—The

11 United States Fish and Wildlife Service shall con12 tinue operation of the Madame Dorian Recreation

13 Area for public use and boater access.

14 (e) ADMINISTRATIVE COSTS.—The United States Fish

15 and Wildlife Service shall be responsible for all survey, envi16 ronmental compliance, and other administrative costs re17 quired to implement the transfer of administrative jurisdic18 tion under subsection (a).

19 SEC. 3115. SNAKE RIVER PROJECT, WASHINGTON AND

20 IDAHO.

21 The Fish and Wildlife Compensation Plan for the

22 Lower Snake River, Washington and Idaho, as authorized

23 by section 101 of the Water Resources Development Act of

24 1976 (90 Stat. 2921), is amended to authorize the Secretary

25 to conduct studies and implement aquatic and riparian eco-
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1 system restorations and improvements specifically for fish2 eries and wildlife.

3 SEC. 3116. WHATCOM CREEK WATERWAY, BELLINGHAM,

4 WASHINGTON.

5 That portion of the project for navigation, Whatcom

6 Creek Waterway, Bellingham, Washington, authorized by

7 the Act of June 25, 1910 (36 Stat. 664, chapter 382) (com8 monly known as the ‘‘River and Harbor Act of 1910’’) and

9 the River and Harbor Act of 1958 (72 Stat. 299), consisting

10 of the last 2,900 linear feet of the inner portion of the water11 way, and beginning at station 29+00 to station 0+00,

12 shall not be authorized as of the date of enactment of this

13 Act.

14 SEC. 3117. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

15 The project for flood control at Milton, West Virginia,

16 authorized by section 580 of the Water Resources Develop17 ment Act of 1996 (110 Stat. 3790), as modified by section

18 340 of the Water Resources Development Act of 2000 (114

19 Stat. 2612), is modified to authorize the Secretary to con20 struct the project substantially in accordance with the draft

21 report of the Corps of Engineers dated May 2004, at an

22 estimated total cost of $45,500,000, with an estimated Fed23 eral cost of $34,125,000 and an estimated non-Federal cost

24 of $11,375,000.
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1 SEC. 3118. MCDOWELL COUNTY, WEST VIRGINIA.

2 (a) IN GENERAL.—The McDowell County non3 structural component of the project for flood control, Levisa

4 and Tug Fork of the Big Sandy and Cumberland Rivers,

5 West Virginia, Virginia, and Kentucky, authorized by sec6 tion 202(a) of the Energy and Water Development Appro7 priation Act, 1981 (94 Stat. 1339), is modified to direct

8 the Secretary to take measures to provide protection,

9 throughout McDowell County, West Virginia, from the reoc10 currence of the greater of—

11 (1) the April 1977 flood;

12 (2) the July 2001 flood;

13 (3) the May 2002 flood; or

14 (4) the 100-year frequency event.

15 (b) UPDATES AND REVISIONS.—The measures under

16 subsection (a) shall be carried out in accordance with, and

17 during the development of, the updates and revisions under

18 section 2006(e)(2).

19 SEC. 3119. GREEN BAY HARBOR PROJECT, GREEN BAY, WIS20 CONSIN.

21 The portion of the inner harbor of the Federal naviga22 tion channel of the Green Bay Harbor project, authorized

23 by the first section of the Act entitled ‘‘An Act making ap24 propriations for the construction, repair, and preservation

25 of certain public works on rivers and harbors, and for other

26 purposes’’, approved July 5, 1884 (commonly known as the
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1 ‘‘River and Harbor Act of 1884’’) (23 Stat. 136, chapter

2 229), from Station 190+00 to Station 378+00 is author3 ized to a width of 75 feet and a depth of 6 feet.

4 SEC. 3120. UNDERWOOD CREEK DIVERSION FACILITY

5 PROJECT, MILWAUKEE COUNTY, WISCONSIN.

6 Section 212(e) of the Water Resources Development Act

7 of 1999 (33 U.S.C. 2332) is amended—

8 (1) in paragraph (22), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (23), by striking the period at

11 the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following:

13 ‘‘(24) Underwood Creek Diversion Facility

14 Project (County Grounds), Milwaukee County, Wis15 consin.’’.

16 SEC. 3121. OCONTO HARBOR, WISCONSIN.

17 (a) IN GENERAL.—The portion of the project for navi18 gation, Oconto Harbor, Wisconsin, authorized by the Act

19 of August 2, 1882 (22 Stat. 196, chapter 375), and the Act

20 of June 25, 1910 (36 Stat. 664, chapter 382) (commonly

21 known as the ‘‘River and Harbor Act of 1910’’), consisting

22 of a 15-foot-deep turning basin in the Oconto River, as de23 scribed in subsection (b), is no longer authorized.

24 (b) PROJECT DESCRIPTION.—The project referred to in

25 subsection (a) is more particularly described as—
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1 (1) beginning at a point along the western limit

2 of the existing project, N. 394,086.71, E. 2,530,202.71;

3 (2) thence northeasterly about 619.93 feet to a

4 point N. 394,459.10, E. 2,530,698.33;

5 (3) thence southeasterly about 186.06 feet to a

6 point N. 394,299.20, E. 2,530,793.47;

7 (4) thence southwesterly about 355.07 feet to a

8 point N. 393,967.13, E. 2,530,667.76;

9 (5) thence southwesterly about 304.10 feet to a

10 point N. 393,826.90, E. 2,530,397.92; and

11 (6) thence northwesterly about 324.97 feet to the

12 point of origin.

13 SEC. 3122. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

14 Section 21 of the Water Resources Development Act of

15 1988 (102 Stat. 4027) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘1276.42’’ and inserting

18 ‘‘1278.42’’;

19 (B) by striking ‘‘1218.31’’ and inserting

20 ‘‘1221.31’’; and

21 (C) by striking ‘‘1234.82’’ and inserting

22 ‘‘1235.30’’; and

23 (2) by striking subsection (b) and inserting the

24 following:

25 ‘‘(b) EXCEPTION.—
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1 ‘‘(1) IN GENERAL.—The Secretary may operate

2 the headwaters reservoirs below the minimum or

3 above the maximum water levels established under

4 subsection (a) in accordance with water control regu5 lation manuals (or revisions to those manuals) devel6 oped by the Secretary, after consultation with the

7 Governor of Minnesota and affected tribal govern8 ments, landowners, and commercial and recreational

9 users.

10 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The water

11 control regulation manuals referred to in paragraph

12 (1) (and any revisions to those manuals) shall be ef13 fective as of the date on which the Secretary submits

14 the manuals (or revisions) to Congress.

15 ‘‘(3) NOTIFICATION.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), not less than 14 days before

18 operating any headwaters reservoir below the

19 minimum or above the maximum water level

20 limits specified in subsection (a), the Secretary

21 shall submit to Congress a notice of intent to op22 erate the headwaters reservoir.

23 ‘‘(B) EXCEPTION.—Notice under subpara24 graph (A) shall not be required in any case in

25 which—
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1 ‘‘(i) the operation of a headwaters res2 ervoir is necessary to prevent the loss of life

3 or to ensure the safety of a dam; or

4 ‘‘(ii) the drawdown of the water level

5 of the reservoir is in anticipation of a flood

6 control operation.’’.

7 SEC. 3123. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER8 FRONT INTERPRETIVE SITE.

9 Section 103(c)(2) of the Water Resources Development

10 Act of 1992 (106 Stat. 4811) is amended by striking ‘‘prop11 erty currently held by the Resolution Trust Corporation in

12 the vicinity of the Mississippi River Bridge’’ and inserting

13 ‘‘riverfront property’’.

14 SEC. 3124. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.

15 (a) IN GENERAL.—In accordance with the project for

16 navigation, Mississippi River between the Ohio and Mis17 souri Rivers (Regulating Works), Missouri and Illinois, au18 thorized by the Act of June 25, 1910 (36 Stat. 631, chapter

19 382) (commonly known as the ‘‘River and Harbor Act of

20 1910’’), the Act of January 1, 1927 (44 Stat. 1010, chapter

21 47) (commonly known as the ‘‘River and Harbor Act of

22 1927’’), and the Act of July 3, 1930 (46 Stat. 918), the

23 Secretary shall carry out over at least a 10-year period a

24 pilot program to restore and protect fish and wildlife habi25 tat in the middle Mississippi River.
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1 (b) AUTHORIZED ACTIVITIES.—

2 (1) IN GENERAL.—As part of the pilot program

3 carried out under subsection (a), the Secretary shall

4 conduct any activities that are necessary to improve

5 navigation through the project referred to in sub6 section (a) while restoring and protecting fish and

7 wildlife habitat in the middle Mississippi River sys8 tem.

9 (2) INCLUSIONS.—Activities authorized under

10 paragraph (1) shall include—

11 (A) the modification of navigation training

12 structures;

13 (B) the modification and creation of side

14 channels;

15 (C) the modification and creation of is16 lands;

17 (D) any studies and analysis necessary to

18 develop adaptive management principles; and

19 (E) the acquisition from willing sellers of

20 any land associated with a riparian corridor

21 needed to carry out the goals of the pilot pro22 gram.

23 (c) COST-SHARING REQUIREMENT.—The cost-sharing

24 requirement required under the Act of June 25, 1910 (36

25 Stat. 631, chapter 382) (commonly known as the ‘‘River
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1 and Harbor Act of 1910’’), the Act of January 1, 1927 (44

2 Stat. 1010, chapter 47) (commonly known as the ‘‘River

3 and Harbor Act of 1927’’), and the Act of July 3, 1930

4 (46 Stat. 918), for the project referred to in subsection (a)

5 shall apply to any activities carried out under this section.

6 SEC. 3125. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON7 MENTAL MANAGEMENT PROGRAM.

8 (a) IN GENERAL.—Notwithstanding section 221 of the

9 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any

10 Upper Mississippi River fish and wildlife habitat rehabili11 tation and enhancement project carried out under section

12 1103(e) of the Water Resources Development Act of 1986

13 (33 U.S.C. 652(e)), with the consent of the affected local

14 government, a nongovernmental organization may be con15 sidered to be a non-Federal interest.

16 (b) CONFORMING AMENDMENT.—Section

17 1103(e)(1)(A)(ii) of the Water Resources Development Act

18 of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by insert19 ing before the period at the end the following: ‘‘, including

20 research on water quality issues affecting the Mississippi

21 River, including elevated nutrient levels, and the develop22 ment of remediation strategies’’.

23 SEC. 3126. UPPER BASIN OF MISSOURI RIVER.

24 (a) USE OF FUNDS.—Notwithstanding the Energy and

25 Water Development Appropriations Act, 2006 (Public Law
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1 109–103; 119 Stat. 2247), funds made available for recov2 ery or mitigation activities in the lower basin of the Mis3 souri River may be used for recovery or mitigation activi4 ties in the upper basin of the Missouri River, including the

5 States of Montana, Nebraska, North Dakota, and South Da6 kota.

7 (b) CONFORMING AMENDMENT.—The matter under the

8 heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI, KANSAS,

9 IOWA, AND NEBRASKA’’ of section 601(a) of the Water Re10 sources Development Act of 1986 (100 Stat. 4143), as modi11 fied by section 334 of the Water Resources Development Act

12 of 1999 (113 Stat. 306), is amended by adding at the end

13 the following: ‘‘The Secretary may carry out any recovery

14 or mitigation activities in the upper basin of the Missouri

15 River, including the States of Montana, Nebraska, North

16 Dakota, and South Dakota, using funds made available

17 under this heading in accordance with the Endangered Spe18 cies Act of 1973 (16 U.S.C. 1531 et seq.) and consistent

19 with the project purposes of the Missouri River Mainstem

20 System as authorized by section 10 of the Act of December

21 22, 1944 (commonly known as the ‘Flood Control Act of

22 1944’) (58 Stat. 897).’’.
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1 SEC. 3127. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION PROGRAM.

3 (a) GREAT LAKES FISHERY AND ECOSYSTEM RES4 TORATION.—Section 506(c) of the Water Resources Develop5 ment Act of 2000 (42 U.S.C. 1962d–22(c)) is amended—

6 (1) by redesignating paragraphs (2) and (3) as

7 paragraphs (3) and (4), respectively;

8 (2) by inserting after paragraph (1) the fol9 lowing:

10 ‘‘(2) RECONNAISSANCE STUDIES.—Before plan11 ning, designing, or constructing a project under para12 graph (3), the Secretary shall carry out a reconnais13 sance study—

14 ‘‘(A) to identify methods of restoring the

15 fishery, ecosystem, and beneficial uses of the

16 Great Lakes; and

17 ‘‘(B) to determine whether planning of a

18 project under paragraph (3) should proceed.’’;

19 and

20 (3) in paragraph (4)(A) (as redesignated by

21 paragraph (1)), by striking ‘‘paragraph (2)’’ and in22 serting ‘‘paragraph (3)’’.

23 (b) COST SHARING.—Section 506(f) of the Water Re24 sources Development Act of 2000 (42 U.S.C. 1962d–22(f))

25 is amended—
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1 (1) by redesignating paragraphs (2) through (5)

2 as paragraphs (3) through (6), respectively;

3 (2) by inserting after paragraph (1) the fol4 lowing:

5 ‘‘(2) RECONNAISSANCE STUDIES.—Any recon6 naissance study under subsection (c)(2) shall be car7 ried out at full Federal expense.’’;

8 (3) in paragraph (3) (as redesignated by para9 graph (1)), by striking ‘‘(2) or (3)’’ and inserting

10 ‘‘(3) or (4)’’; and

11 (4) in paragraph (4)(A) (as redesignated by

12 paragraph (1)), by striking ‘‘subsection (c)(2)’’ and

13 inserting ‘‘subsection (c)(3)’’.

14 SEC. 3128. GREAT LAKES REMEDIAL ACTION PLANS AND

15 SEDIMENT REMEDIATION.

16 Section 401(c) of the Water Resources Development Act

17 of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended

18 by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’.

19 SEC. 3129. GREAT LAKES TRIBUTARY MODELS.

20 Section 516(g)(2) of the Water Resources Development

21 Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking

22 ‘‘through 2006’’ and inserting ‘‘through 2011’’.
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1 SEC. 3130. UPPER OHIO RIVER AND TRIBUTARIES NAVIGA2 TION SYSTEM NEW TECHNOLOGY PILOT PRO3 GRAM.

4 (a) DEFINITION OF UPPER OHIO RIVER AND TRIBU5 TARIES NAVIGATION SYSTEM.—In this section, the term

6 ‘‘Upper Ohio River and Tributaries Navigation System’’

7 means the Allegheny, Kanawha, Monongahela, and Ohio

8 Rivers.

9 (b) ESTABLISHMENT.—

10 (1) IN GENERAL.—The Secretary shall establish

11 a pilot program to evaluate new technologies applica12 ble to the Upper Ohio River and Tributaries Naviga13 tion System.

14 (2) INCLUSIONS.—The program may include the

15 design, construction, or implementation of innovative

16 technologies and solutions for the Upper Ohio River

17 and Tributaries Navigation System, including

18 projects for—

19 (A) improved navigation;

20 (B) environmental stewardship;

21 (C) increased navigation reliability; and

22 (D) reduced navigation costs.

23 (3) PURPOSES.—The purposes of the program

24 shall be, with respect to the Upper Ohio River and

25 Tributaries Navigation System—
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1 (A) to increase the reliability and avail2 ability of federally-owned and federally-operated

3 navigation facilities;

4 (B) to decrease system operational risks;

5 and

6 (C) to improve—

7 (i) vessel traffic management;

8 (ii) access; and

9 (iii) Federal asset management.

10 (c) FEDERAL OWNERSHIP REQUIREMENT.—The Sec11 retary may provide assistance for a project under this sec12 tion only if the project is federally owned.

13 (d) LOCAL COOPERATION AGREEMENTS.—

14 (1) IN GENERAL.—The Secretary shall enter into

15 local cooperation agreements with non-Federal inter16 ests to provide for the design, construction, installa17 tion, and operation of the projects to be carried out

18 under the program.

19 (2) REQUIREMENTS.—Each local cooperation

20 agreement entered into under this subsection shall in21 clude the following:

22 (A) PLAN.—Development by the Secretary,

23 in consultation with appropriate Federal and

24 State officials, of a navigation improvement
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1 project, including appropriate engineering plans

2 and specifications.

3 (B) LEGAL AND INSTITUTIONAL STRUC4 TURES.—Establishment of such legal and insti5 tutional structures as are necessary to ensure the

6 effective long-term operation of the project.

7 (3) COST SHARING.—Total project costs under

8 each local cooperation agreement shall be cost-shared

9 in accordance with the formula relating to the appli10 cable original construction project.

11 (4) EXPENDITURES.—

12 (A) IN GENERAL.—Expenditures under the

13 program may include, for establishment at feder14 ally-owned property, such as locks, dams, and

15 bridges—

16 (i) transmitters;

17 (ii) responders;

18 (iii) hardware;

19 (iv) software; and

20 (v) wireless networks.

21 (B) EXCLUSIONS.—Transmitters, respond22 ers, hardware, software, and wireless networks or

23 other equipment installed on privately-owned

24 vessels or equipment shall not be eligible under

25 the program.
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1 (e) REPORT.—Not later than December 31, 2007, the

2 Secretary shall submit to Congress a report on the results

3 of the pilot program carried out under this section, together

4 with recommendations concerning whether the program or

5 any component of the program should be implemented on

6 a national basis.

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $3,100,000, to remain available until expended.

10 TITLE IV—STUDIES

11 SEC. 4001. EURASIAN MILFOIL.

12 Under the authority of section 104 of the River and

13 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall

14 carry out a study, at full Federal expense, to develop na15 tional protocols for the use of the Euhrychiopsis lecontei

16 weevil for biological control of Eurasian milfoil in the lakes

17 of Vermont and other northern tier States.

18 SEC. 4002. NATIONAL PORT STUDY.

19 (a) IN GENERAL.—The Secretary, in consultation with

20 the Secretary of Transportation, shall conduct a study of

21 the ability of coastal or deepwater port infrastructure to

22 meet current and projected national economic needs.

23 (b) COMPONENTS.—In conducting the study, the Sec24 retary shall—

25 (1) consider—
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1 (A) the availability of alternate transpor2 tation destinations and modes;

3 (B) the impact of larger cargo vessels on ex4 isting port capacity; and

5 (C) practicable, cost-effective congestion

6 management alternatives; and

7 (2) give particular consideration to the benefits

8 and proximity of proposed and existing port, harbor,

9 waterway, and other transportation infrastructure.

10 (c) REPORT.—Not later than 180 days after the date

11 of enactment of this Act, the Secretary shall submit to the

12 Committee on Environment and Public Works of the Senate

13 and the Committee on Transportation and Infrastructure

14 of the House of Representatives a report that describes the

15 results of the study.

16 SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA17 TION CHANNEL.

18 (a) IN GENERAL.—To determine with improved accu19 racy the environmental impacts of the project on the

20 McClellan-Kerr Arkansas River Navigation Channel (re21 ferred to in this section as the ‘‘MKARN’’), the Secretary

22 shall carry out the measures described in subsection (b) in

23 a timely manner.

24 (b) SPECIES STUDY.—
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1 (1) IN GENERAL.—The Secretary, in conjunction

2 with Oklahoma State University, shall convene a

3 panel of experts with acknowledged expertise in wild4 life biology and genetics to review the available sci5 entific information regarding the genetic variation of

6 various sturgeon species and possible hybrids of those

7 species that, as determined by the United States Fish

8 and Wildlife Service, may exist in any portion of the

9 MKARN.

10 (2) REPORT.—The Secretary shall direct the

11 panel to report to the Secretary, not later than 1 year

12 after the date of enactment of this Act and in the best

13 scientific judgment of the panel—

14 (A) the level of genetic variation between

15 populations of sturgeon sufficient to determine or

16 establish that a population is a measurably dis17 tinct species, subspecies, or population segment;

18 and

19 (B) whether any pallid sturgeons that may

20 be found in the MKARN (including any tribu21 tary of the MKARN) would qualify as such a

22 distinct species, subspecies, or population seg23 ment.
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1 SEC. 4004. LOS ANGELES RIVER REVITALIZATION STUDY,

2 CALIFORNIA.

3 (a) IN GENERAL.—The Secretary, in coordination

4 with the city of Los Angeles, shall—

5 (1) prepare a feasibility study for environmental

6 ecosystem restoration, flood control, recreation, and

7 other aspects of Los Angeles River revitalization that

8 is consistent with the goals of the Los Angeles River

9 Revitalization Master Plan published by the city of

10 Los Angeles; and

11 (2) consider any locally-preferred project alter12 natives developed through a full and open evaluation

13 process for inclusion in the study.

14 (b) USE OF EXISTING INFORMATION AND MEAS15 URES.—In preparing the study under subsection (a), the

16 Secretary shall use, to the maximum extent practicable—

17 (1) information obtained from the Los Angeles

18 River Revitalization Master Plan; and

19 (2) the development process of that plan.

20 (c) DEMONSTRATION PROJECTS.—

21 (1) IN GENERAL.—The Secretary is authorized to

22 construct demonstration projects in order to provide

23 information to develop the study under subsection

24 (a)(1).
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1 (2) FEDERAL SHARE.—The Federal share of the

2 cost of any project under this subsection shall be not

3 more than 65 percent.

4 (3) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to carry out

6 this subsection $12,000,000.

7 SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

8 The Secretary shall carry out a study for bank sta9 bilization and shore protection for Nicholas Canyon, Los

10 Angeles, California, under section 3 of the Act of August

11 13, 1946 (33 U.S.C. 426g).

12 SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL

13 STUDY.

14 Section 414 of the Water Resources Development Act

15 of 2000 (114 Stat. 2636) is amended by striking ‘‘32

16 months’’ and inserting ‘‘44 months’’.

17 SEC. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT,

18 ST. HELENA, CALIFORNIA.

19 (a) FLOOD PROTECTION PROJECT.—

20 (1) REVIEW.—The Secretary shall review the

21 project for flood control and environmental restora22 tion at St. Helena, California, generally in accord23 ance with Enhanced Minimum Plan A, as described

24 in the final environmental impact report prepared by

25 the city of St. Helena, California, and certified by the
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1 city to be in compliance with the California Environ2 mental Quality Act on February 24, 2004.

3 (2) ACTION ON DETERMINATION.—If the Sec4 retary determines under paragraph (1) that the

5 project is economically justified, technically sound,

6 and environmentally acceptable, the Secretary is au7 thorized to carry out the project at a total cost of

8 $30,000,000, with an estimated Federal cost of

9 $19,500,000 and an estimated non-Federal cost of

10 $10,500,000.

11 (b) COST SHARING.—Cost sharing for the project de12 scribed in subsection (a) shall be in accordance with section

13 103 of the Water Resources Development Act of 1986 (33

14 U.S.C. 2213).

15 SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA16 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA.

17 The Secretary shall carry out a study of the feasibility

18 of a project to use Sherman Island, California, as a dredged

19 material rehandling facility for the beneficial use of dredged

20 material to enhance the environment and meet other water

21 resource needs on the Sacramento-San Joaquin Delta, Cali22 fornia, under section 204 of the Water Resources Develop23 ment Act of 1992 (33 U.S.C. 2326).
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1 SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY,

2 CALIFORNIA.

3 (a) IN GENERAL.—The Secretary, in cooperation with

4 non-Federal interests, shall conduct a study of the feasi5 bility of carrying out a project for—

6 (1) flood protection of South San Francisco Bay

7 shoreline;

8 (2) restoration of the South San Francisco Bay

9 salt ponds (including on land owned by other Federal

10 agencies); and

11 (3) other related purposes, as the Secretary deter12 mines to be appropriate.

13 (b) INDEPENDENT REVIEW.—To the extent required by

14 applicable Federal law, a national science panel shall con15 duct an independent review of the study under subsection

16 (a).

17 (c) REPORT.—

18 (1) IN GENERAL.—Not later than 3 years after

19 the date of enactment of this Act, the Secretary shall

20 submit to Congress a report describing the results of

21 the study under subsection (a).

22 (2) INCLUSIONS.—The report under paragraph

23 (1) shall include recommendations of the Secretary

24 with respect to the project described in subsection (a)

25 based on planning, design, and land acquisition docu26 ments prepared by—
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1 (A) the California State Coastal Conser2 vancy;

3 (B) the Santa Clara Valley Water District;

4 and

5 (C) other local interests.

6 SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION,

7 CALIFORNIA.

8 (a) IN GENERAL.—The Secretary shall complete work

9 as expeditiously as practicable on the San Pablo watershed,

10 California, study authorized by section 209 of the Flood

11 Control Act of 1962 (76 Stat. 1196) to determine the feasi12 bility of opportunities for restoring, preserving, and pro13 tecting the San Pablo Bay Watershed.

14 (b) REPORT.—Not later than March 31, 2008, the Sec15 retary shall submit to Congress a report that describes the

16 results of the study.

17 SEC. 4011. FOUNTAIN CREEK, NORTH OF PUEBLO, COLO18 RADO.

19 Subject to the availability of appropriations, the Sec20 retary shall expedite the completion of the Fountain Creek,

21 North of Pueblo, Colorado, watershed study authorized by

22 a resolution adopted by the House of Representatives on

23 September 23, 1976.
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1 SEC. 4012. SELENIUM STUDY, COLORADO.

2 (a) IN GENERAL.—The Secretary, in consultation with

3 State water quality and resource and conservation agencies,

4 shall conduct regional and watershed-wide studies to ad5 dress selenium concentrations in the State of Colorado, in6 cluding studies—

7 (1) to measure selenium on specific sites; and

8 (2) to determine whether specific selenium meas9 ures studied should be recommended for use in dem10 onstration projects.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $5,000,000.

14 SEC. 4013. PROMONTORY POINT THIRD-PARTY REVIEW, CHI15 CAGO SHORELINE, CHICAGO, ILLINOIS.

16 (a) REVIEW.—

17 (1) IN GENERAL.—The Secretary is authorized to

18 conduct a third-party review of the Promontory Point

19 project along the Chicago Shoreline, Chicago, Illinois,

20 at a cost not to exceed $450,000.

21 (2) JOINT REVIEW.—The Buffalo and Seattle

22 Districts of the Corps of Engineers shall jointly con23 duct the review under paragraph (1).

24 (3) STANDARDS.—The review shall be based on

25 the standards under part 68 of title 36, Code of Fed26 eral Regulations (or successor regulation), for imple-
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1 mentation by the non-Federal sponsor for the Chicago

2 Shoreline Chicago, Illinois, project.

3 (b) CONTRIBUTIONS.—The Secretary shall accept from

4 a State or political subdivision of a State voluntarily con5 tributed funds to initiate the third-party review.

6 (c) TREATMENT.—While the third-party review is of

7 the Promontory Point portion of the Chicago Shoreline,

8 Chicago, Illinois, project, the third-party review shall be

9 separate and distinct from the Chicago Shoreline, Chicago,

10 Illinois, project.

11 (d) EFFECT OF SECTION.—Nothing in this section af12 fects the authorization for the Chicago Shoreline, Chicago,

13 Illinois, project.

14 SEC. 4014. VIDALIA PORT, LOUISIANA.

15 The Secretary shall conduct a study to determine the

16 feasibility of carrying out a project for navigation improve17 ment at Vidalia, Louisiana.

18 SEC. 4015. LAKE ERIE AT LUNA PIER, MICHIGAN.

19 The Secretary shall study the feasibility of storm dam20 age reduction and beach erosion protection and other re21 lated purposes along Lake Erie at Luna Pier, Michigan.

22 SEC. 4016. MIDDLE BASS ISLAND STATE PARK, MIDDLE

23 BASS ISLAND, OHIO.

24 The Secretary shall carry out a study of the feasibility

25 of a project for navigation improvements, shoreline protec-
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1 tion, and other related purposes, including the rehabilita2 tion the harbor basin (including entrance breakwaters), in3 terior shoreline protection, dredging, and the development

4 of a public launch ramp facility, for Middle Bass Island

5 State Park, Middle Bass Island, Ohio.

6 SEC. 4017. JASPER COUNTY PORT FACILITY STUDY, SOUTH

7 CAROLINA.

8 (a) IN GENERAL.—The Secretary may determine the

9 feasibility of providing improvements to the Savannah

10 River for navigation and related purposes that may be nec11 essary to support the location of container cargo and other

12 port facilities to be located in Jasper County, South Caro13 lina, near the vicinity of mile 6 of the Savannah Harbor

14 Entrance Channel.

15 (b) CONSIDERATION.—In making a determination

16 under subsection (a), the Secretary shall take into

17 consideration—

18 (1) landside infrastructure;

19 (2) the provision of any additional dredged ma20 terial disposal area for maintenance of the ongoing

21 Savannah Harbor Navigation project; and

22 (3) the results of a consultation with the Gov23 ernor of the State of Georgia and the Governor of the

24 State of South Carolina.
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1 SEC. 4018. JOHNSON CREEK, ARLINGTON, TEXAS.

2 The Secretary shall conduct a feasibility study to de3 termine the technical soundness, economic feasibility, and

4 environmental acceptability of the plan prepared by the

5 city of Arlington, Texas, as generally described in the report

6 entitled ‘‘Johnson Creek: A Vision of Conservation, Arling7 ton, Texas’’, dated March 2006.

8 SEC. 4019. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND

9 NEW YORK.

10 (a) DISPERSAL BARRIER PROJECT.—The Secretary

11 shall determine, at full Federal expense, the feasibility of

12 a dispersal barrier project at the Lake Champlain Canal.

13 (b) CONSTRUCTION, MAINTENANCE, AND OPER14 ATION.—If the Secretary determines that the project de15 scribed in subsection (a) is feasible, the Secretary shall con16 struct, maintain, and operate a dispersal barrier at the

17 Lake Champlain Canal at full Federal expense.

18 TITLE V—MISCELLANEOUS

19 PROVISIONS

20 SEC. 5001. LAKES PROGRAM.

21 Section 602(a) of the Water Resources Development

22 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295)

23 is amended—

24 (1) in paragraph (18), by striking ‘‘and’’ at the

25 end;
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1 (2) in paragraph (19), by striking the period at

2 the end and inserting a semicolon; and

3 (3) by adding at the end the following:

4 ‘‘(20) Kinkaid Lake, Jackson County, Illinois,

5 removal of silt and aquatic growth and measures to

6 address excessive sedimentation;

7 ‘‘(21) Lake Sakakawea, North Dakota, removal

8 of silt and aquatic growth and measures to address

9 excessive sedimentation;

10 ‘‘(22) Lake Morley, Vermont, removal of silt and

11 aquatic growth and measures to address excessive

12 sedimentation;

13 ‘‘(23) Lake Fairlee, Vermont, removal of silt and

14 aquatic growth and measures to address excessive

15 sedimentation; and

16 ‘‘(24) Lake Rodgers, Creedmoor, North Carolina,

17 removal of silt and excessive nutrients and restoration

18 of structural integrity.’’.

19 SEC. 5002. ESTUARY RESTORATION.

20 (a) PURPOSES.—Section 102 of the Estuary Restora21 tion Act of 2000 (33 U.S.C. 2901) is amended—

22 (1) in paragraph (1), by inserting before the

23 semicolon the following: ‘‘by implementing a coordi24 nated Federal approach to estuary habitat restoration

25 activities, including the use of common monitoring
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1 standards and a common system for tracking restora2 tion acreage’’;

3 (2) in paragraph (2), by inserting ‘‘and imple4 ment’’ after ‘‘to develop’’; and

5 (3) in paragraph (3), by inserting ‘‘through co6 operative agreements’’ after ‘‘restoration projects’’.

7 (b) DEFINITION OF ESTUARY HABITAT RESTORATION

8 PLAN.—Section 103(6)(A) of the Estuary Restoration Act

9 of 2000 (33 U.S.C. 2902(6)(A)) is amended by striking

10 ‘‘Federal or State’’ and inserting ‘‘Federal, State, or re11 gional’’.

12 (c) ESTUARY HABITAT RESTORATION PROGRAM.—

13 Section 104 of the Estuary Restoration Act of 2000 (33

14 U.S.C. 2903) is amended—

15 (1) in subsection (a), by inserting ‘‘through the

16 award of contracts and cooperative agreements’’ after

17 ‘‘assistance’’;

18 (2) in subsection (c)—

19 (A) in paragraph (3)(A), by inserting ‘‘or

20 State’’ after ‘‘Federal’’; and

21 (B) in paragraph (4)(B), by inserting ‘‘or

22 approach’’ after ‘‘technology’’;

23 (3) in subsection (d)—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘Except’’ and inserting

2 the following:

3 ‘‘(i) IN GENERAL.—Except’’; and

4 (ii) by adding at the end the following:

5 ‘‘(ii) MONITORING.—

6 ‘‘(I) COSTS.—The costs of moni7 toring an estuary habitat restoration

8 project funded under this title may be

9 included in the total cost of the estuary

10 habitat restoration project.

11 ‘‘(II) GOALS.—The goals of the

12 monitoring are—

13 ‘‘(aa) to measure the effec14 tiveness of the restoration project;

15 and

16 ‘‘(bb) to allow adaptive man17 agement to ensure project suc18 cess.’’;

19 (B) in paragraph (2), by inserting ‘‘or ap20 proach’’ after ‘‘technology’’; and

21 (C) in paragraph (3), by inserting ‘‘(in22 cluding monitoring)’’ after ‘‘services’’;

23 (4) in subsection (f)(1)(B), by inserting ‘‘long24 term’’ before ‘‘maintenance’’; and

25 (5) in subsection (g)—
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1 (A) by striking ‘‘In carrying’’ and inserting

2 the following:

3 ‘‘(1) IN GENERAL.—In carrying’’; and

4 (B) by adding at the end the following:

5 ‘‘(2) SMALL PROJECTS.—

6 ‘‘(A) DEFINITION.—Small projects carried

7 out under this Act shall have a Federal share of

8 less than $1,000,000.

9 ‘‘(B) DELEGATION OF PROJECT IMPLEMEN10 TATION.—In carrying out this section, the Sec11 retary, on recommendation of the Council, shall

12 consider delegating implementation of the small

13 project to—

14 ‘‘(i) the Secretary of the Interior (act15 ing through the Director of the United

16 States Fish and Wildlife Service);

17 ‘‘(ii) the Under Secretary for Oceans

18 and Atmosphere of the Department of Com19 merce;

20 ‘‘(iii) the Administrator of the Envi21 ronmental Protection Agency; or

22 ‘‘(iv) the Secretary of Agriculture.

23 ‘‘(C) FUNDING.—Small projects delegated to

24 another Federal department or agency may be

25 funded from the responsible department or ap-
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1 propriations of the agency authorized by section

2 109(a)(1).

3 ‘‘(D) AGREEMENTS.—The Federal depart4 ment or agency to which a small project is dele5 gated shall enter into an agreement with the

6 non-Federal interest generally in conformance

7 with the criteria in subsections (d) and (e). Co8 operative agreements may be used for any dele9 gated project.’’.

10 (d) ESTABLISHMENT OF ESTUARY HABITAT RESTORA11 TION COUNCIL.—Section 105(b) of the Estuary Restoration

12 Act of 2000 (33 U.S.C. 2904(b)) is amended—

13 (1) in paragraph (4), by striking ‘‘and’’ after the

14 semicolon;

15 (2) in paragraph (5), by striking the period at

16 the end and inserting a semicolon; and

17 (3) by adding at the end the following:

18 ‘‘(6) cooperating in the implementation of the

19 strategy developed under section 106;

20 ‘‘(7) recommending standards for monitoring for

21 restoration projects and contribution of project infor22 mation to the database developed under section 107;

23 and
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1 ‘‘(8) otherwise using the respective agency au2 thorities of the Council members to carry out this

3 title.’’.

4 (e) MONITORING OF ESTUARY HABITAT RESTORATION

5 PROJECTS.—Section 107(d) of the Estuary Restoration Act

6 of 2000 (33 U.S.C. 2906(d)) is amended by striking ‘‘com7 pile’’ and inserting ‘‘have general data compilation, coordi8 nation, and analysis responsibilities to carry out this title

9 and in support of the strategy developed under this section,

10 including compilation of’’.

11 (f) REPORTING.—Section 108(a) of the Estuary Res12 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by

13 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and

14 tenth’’.

15 (g) FUNDING.—Section 109(a) of the Estuary Restora16 tion Act of 2000 (33 U.S.C. 2908(a)) is amended—

17 (1) in paragraph (1), by striking subparagraphs

18 (A) through (D) and inserting the following:

19 ‘‘(A) to the Secretary, $25,000,000 for each

20 of fiscal years 2006 through 2010;

21 ‘‘(B) to the Secretary of the Interior (acting

22 through the Director of the United States Fish

23 and Wildlife Service), $2,500,000 for each of fis24 cal years 2006 through 2010;
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1 ‘‘(C) to the Under Secretary for Oceans and

2 Atmosphere of the Department of Commerce,

3 $2,500,000 for each of fiscal years 2006 through

4 2010;

5 ‘‘(D) to the Administrator of the Environ6 mental Protection Agency, $2,500,000 for each of

7 fiscal years 2006 through 2010; and

8 ‘‘(E) to the Secretary of Agriculture,

9 $2,500,000 for each of fiscal years 2006 through

10 2010.’’; and

11 (2) in the first sentence of paragraph (2)—

12 (A) by inserting ‘‘and other information

13 compiled under section 107’’ after ‘‘this title’’;

14 and

15 (B) by striking ‘‘2005’’ and inserting

16 ‘‘2010’’.

17 (h) GENERAL PROVISIONS.—Section 110 of the Estu18 ary Restoration Act of 2000 (33 U.S.C. 2909) is amended—

19 (1) in subsection (b)(1)—

20 (A) by inserting ‘‘or contracts’’ after ‘‘agree21 ments’’; and

22 (B) by inserting ‘‘, nongovernmental orga23 nizations,’’ after ‘‘agencies’’; and

24 (2) by striking subsections (d) and (e).
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1 SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELA2 WARE AND MARYLAND.

3 (a) ASSISTANCE.—The Secretary may provide tech4 nical assistance to the Secretary of Agriculture for use in

5 carrying out the Conservation Corridor Demonstration Pro6 gram established under subtitle G of title II of the Farm

7 Security and Rural Investment Act of 2002 (16 U.S.C. 3801

8 note; 116 Stat. 275).

9 (b) COORDINATION AND INTEGRATION.—In carrying

10 out water resources projects in the States on the Delmarva

11 Peninsula, the Secretary shall coordinate and integrate

12 those projects, to the maximum extent practicable, with any

13 activities carried out to implement a conservation corridor

14 plan approved by the Secretary of Agriculture under section

15 2602 of the Farm Security and Rural Investment Act of

16 2002 (16 U.S.C. 3801 note; 116 Stat. 275).

17 SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC

18 RIVER BASINS, DELAWARE, MARYLAND, PENN19 SYLVANIA, AND VIRGINIA.

20 (a) EX OFFICIO MEMBER.—Notwithstanding section

21 3001(a) of the 1997 Emergency Supplemental Appropria22 tions Act for Recovery From Natural Disasters, and for

23 Overseas Peacekeeping Efforts, Including Those in Bosnia

24 (111 Stat. 176) and sections 2.2 of the Susquehanna River

25 Basin Compact (Public Law 91–575) and the Delaware

26 River Basin Compact (Public Law 87–328), beginning in
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1 fiscal year 2002, and each fiscal year thereafter, the Divi2 sion Engineer, North Atlantic Division, Corps of

3 Engineers—

4 (1) shall be the ex officio United States member

5 under the Susquehanna River Basin Compact, the

6 Delaware River Basin Compact, and the Potomac

7 River Basin Compact;

8 (2) shall serve without additional compensation;

9 and

10 (3) may designate an alternate member in ac11 cordance with the terms of those compacts.

12 (b) AUTHORIZATION TO ALLOCATE.—The Secretary

13 shall allocate funds to the Susquehanna River Basin Com14 mission, Delaware River Basin Commission, and the Inter15 state Commission on the Potomac River Basin (Potomac

16 River Basin Compact (Public Law 91–407)) to fulfill the

17 equitable funding requirements of the respective interstate

18 compacts.

19 (c) WATER SUPPLY AND CONSERVATION STORAGE,

20 DELAWARE RIVER BASIN.—

21 (1) IN GENERAL.—The Secretary shall enter into

22 an agreement with the Delaware River Basin Com23 mission to provide temporary water supply and con24 servation storage at the Francis E. Walter Dam,

25 Pennsylvania, for any period during which the Com-
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1 mission has determined that a drought warning or

2 drought emergency exists.

3 (2) LIMITATION.—The agreement shall provide

4 that the cost for water supply and conservation stor5 age under paragraph (1) shall not exceed the incre6 mental operating costs associated with providing the

7 storage.

8 (d) WATER SUPPLY AND CONSERVATION STORAGE,

9 SUSQUEHANNA RIVER BASIN.—

10 (1) IN GENERAL.—The Secretary shall enter into

11 an agreement with the Susquehanna River Basin

12 Commission to provide temporary water supply and

13 conservation storage at Federal facilities operated by

14 the Corps of Engineers in the Susquehanna River

15 Basin, during any period in which the Commission

16 has determined that a drought warning or drought

17 emergency exists.

18 (2) LIMITATION.—The agreement shall provide

19 that the cost for water supply and conservation stor20 age under paragraph (1) shall not exceed the incre21 mental operating costs associated with providing the

22 storage.

23 (e) WATER SUPPLY AND CONSERVATION STORAGE, PO24 TOMAC RIVER BASIN.—
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1 (1) IN GENERAL.—The Secretary shall enter into

2 an agreement with the Potomac River Basin Commis3 sion to provide temporary water supply and con4 servation storage at Federal facilities operated by the

5 Corps of Engineers in the Potomac River Basin for

6 any period during which the Commission has deter7 mined that a drought warning or drought emergency

8 exists.

9 (2) LIMITATION.—The agreement shall provide

10 that the cost for water supply and conservation stor11 age under paragraph (1) shall not exceed the incre12 mental operating costs associated with providing the

13 storage.

14 SEC. 5005. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND

15 MARYLAND.

16 (a) COMPREHENSIVE ACTION PLAN.—Not later than

17 1 year after the date of enactment of this Act, the Secretary,

18 in coordination with the Mayor of the District of Columbia,

19 the Governor of Maryland, the county executives of Mont20 gomery County and Prince George’s County, Maryland,

21 and other stakeholders, shall develop and make available to

22 the public a 10-year comprehensive action plan to provide

23 for the restoration and protection of the ecological integrity

24 of the Anacostia River and its tributaries.
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1 (b) PUBLIC AVAILABILITY.—On completion of the com2 prehensive action plan under subsection (a), the Secretary

3 shall make the plan available to the public.

4 SEC. 5006. CHICAGO SANITARY AND SHIP CANAL DISPERSAL

5 BARRIERS PROJECT, ILLINOIS.

6 (a) TREATMENT AS SINGLE PROJECT.—The Chicago

7 Sanitary and Ship Canal Dispersal Barrier Project (Bar8 rier I) (as in existence on the date of enactment of this Act),

9 constructed as a demonstration project under section

10 1202(i)(3) of the Nonindigenous Aquatic Nuisance Preven11 tion and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and

12 Barrier II, as authorized by section 345 of the District of

13 Columbia Appropriations Act, 2005 (Public Law 108–335;

14 118 Stat. 1352), shall be considered to constitute a single

15 project.

16 (b) AUTHORIZATION.—

17 (1) IN GENERAL.—The Secretary, acting through

18 the Chief of Engineers, is authorized and directed, at

19 full Federal expense—

20 (A) to upgrade and make permanent Bar21 rier I;

22 (B) to construct Barrier II, notwith23 standing the project cooperation agreement with

24 the State of Illinois dated June 14, 2005;
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1 (C) to operate and maintain Barrier I and

2 Barrier II as a system to optimize effectiveness;

3 (D) to conduct, in consultation with appro4 priate Federal, State, local, and nongovern5 mental entities, a study of a full range of options

6 and technologies for reducing impacts of hazards

7 that may reduce the efficacy of the Barriers; and

8 (E) to provide to each State a credit in an

9 amount equal to the amount of funds contributed

10 by the State toward Barrier II.

11 (2) USE OF CREDIT.—A State may apply a

12 credit received under paragraph (1)(E) to any cost

13 sharing responsibility for an existing or future Fed14 eral project with the Corps of Engineers in the State.

15 (c) CONFORMING AMENDMENTS.—

16 (1) NONINDIGENOUS AQUATIC NUISANCE PRE17 VENTION AND CONTROL.—Section 1202(i)(3)(C) of the

18 Nonindigenous Aquatic Nuisance Prevention and

19 Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is

20 amended by striking ‘‘, to carry out this paragraph,

21 $750,000’’ and inserting ‘‘such sums as are necessary

22 to carry out the dispersal barrier demonstration

23 project under this paragraph’’.

24 (2) BARRIER II AUTHORIZATION.—Section 345 of

25 the District of Columbia Appropriations Act, 2005
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1 (Public Law 108–335; 118 Stat. 1352), is amended to

2 read as follows:

3 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL

4 BARRIER, ILLINOIS.

5 ‘‘There are authorized to be appropriated such sums

6 as are necessary to carry out the Barrier II project of the

7 project for the Chicago Sanitary and Ship Canal Dispersal

8 Barrier, Illinois, initiated pursuant to section 1135 of the

9 Water Resources Development Act of 1986 (33 U.S.C. 2294

10 note; 100 Stat. 4251).’’.

11 SEC. 5007. RIO GRANDE ENVIRONMENTAL MANAGEMENT

12 PROGRAM, COLORADO, NEW MEXICO, AND

13 TEXAS.

14 (a) SHORT TITLE.—This section may be cited as the

15 ‘‘Rio Grande Environmental Management Act of 2006’’.

16 (b) DEFINITIONS.—In this section:

17 (1) RIO GRANDE COMPACT.—The term ‘‘Rio

18 Grande Compact’’ means the compact approved by

19 Congress under the Act of May 31, 1939 (53 Stat.

20 785, chapter 155), and ratified by the States.

21 (2) RIO GRANDE BASIN.—The term ‘‘Rio Grande

22 Basin’’ means the Rio Grande (including all tribu23 taries and their headwaters) located—
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1 (A) in the State of Colorado, from the Rio

2 Grande Reservoir, near Creede, Colorado, to the

3 New Mexico State border;

4 (B) in the State of New Mexico, from the

5 Colorado State border downstream to the Texas

6 State border; and

7 (C) in the State of Texas, from the New

8 Mexico State border to the southern terminus of

9 the Rio Grande at the Gulf of Mexico.

10 (3) STATES.—The term ‘‘States’’ means the

11 States of Colorado, New Mexico, and Texas.

12 (c) PROGRAM AUTHORITY.—

13 (1) IN GENERAL.—The Secretary shall carry out,

14 in the Rio Grande Basin—

15 (A) a program for the planning, construc16 tion, and evaluation of measures for fish and

17 wildlife habitat rehabilitation and enhancement;

18 and

19 (B) implementation of a long-term moni20 toring, computerized data inventory and anal21 ysis, applied research, and adaptive management

22 program.

23 (2) REPORTS.—Not later than December 31,

24 2008, and not later than December 31 of every sixth

25 year thereafter, the Secretary, in consultation with
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1 the Secretary of the Interior and the States, shall sub2 mit to Congress a report that—

3 (A) contains an evaluation of the programs

4 described in paragraph (1);

5 (B) describes the accomplishments of each

6 program;

7 (C) provides updates of a systemic habitat

8 needs assessment; and

9 (D) identifies any needed adjustments in

10 the authorization of the programs.

11 (d) STATE AND LOCAL CONSULTATION AND COOPERA12 TIVE EFFORT.—For the purpose of ensuring the coordinated

13 planning and implementation of the programs described in

14 subsection (c), the Secretary shall—

15 (1) consult with the States and other appropriate

16 entities in the States the rights and interests of which

17 might be affected by specific program activities; and

18 (2) enter into an interagency agreement with the

19 Secretary of the Interior to provide for the direct par20 ticipation of, and transfer of funds to, the United

21 States Fish and Wildlife Service and any other agen22 cy or bureau of the Department of the Interior for the

23 planning, design, implementation, and evaluation of

24 those programs.

25 (e) COST SHARING.—
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1 (1) IN GENERAL.—The non-Federal share of the

2 cost of a project carried out under subsection

3 (c)(1)(A)—

4 (A) shall be 35 percent;

5 (B) may be provided through in-kind serv6 ices or direct cash contributions; and

7 (C) shall include provision of necessary

8 land, easements, relocations, and disposal sites.

9 (2) OPERATION AND MAINTENANCE.—The costs of

10 operation and maintenance of a project located on

11 Federal land, or land owned or operated by a State

12 or local government, shall be borne by the Federal,

13 State, or local agency that has jurisdiction over fish

14 and wildlife activities on the land.

15 (f) NONPROFIT ENTITIES.—Notwithstanding section

16 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

17 5b), with the consent of the affected local government, a non18 profit entity may be included as a non-Federal interest for

19 any project carried out under subsection (c)(1)(A).

20 (g) EFFECT ON OTHER LAW.—

21 (1) WATER LAW.—Nothing in this section pre22 empts any State water law.

23 (2) COMPACTS AND DECREES.—In carrying out

24 this section, the Secretary shall comply with the Rio

25 Grande Compact, and any applicable court decrees or
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1 Federal and State laws, affecting water or water

2 rights in the Rio Grande Basin.

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to the Secretary to carry out

5 this section $25,000,000 for fiscal year 2006 and each subse6 quent fiscal year.

7 SEC. 5008. MISSOURI RIVER AND TRIBUTARIES, MITIGA8 TION, RECOVERY AND RESTORATION, IOWA,

9 KANSAS, MISSOURI, MONTANA, NEBRASKA,

10 NORTH DAKOTA, SOUTH DAKOTA, AND WYO11 MING.

12 (a) STUDY.—The Secretary, in consultation with the

13 Missouri River Recovery and Implementation Committee

14 established by subsection (b)(1), shall conduct a study of

15 the Missouri River and its tributaries to determine actions

16 required—

17 (1) to mitigate losses of aquatic and terrestrial

18 habitat;

19 (2) to recover federally listed species under the

20 Endangered Species Act (16 U.S.C. 1531 et seq.); and

21 (3) to restore the ecosystem to prevent further de22 clines among other native species.

23 (b) MISSOURI RIVER RECOVERY IMPLEMENTATION

24 COMMITTEE.—
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1 (1) ESTABLISHMENT.—Not later than June 31,

2 2006, the Secretary shall establish a committee to be

3 known as the ‘‘Missouri River Recovery Implementa4 tion Committee’’ (referred to in this section as the

5 ‘‘Committee’’).

6 (2) MEMBERSHIP.—The Committee shall include

7 representatives from—

8 (A) Federal agencies;

9 (B) States located near the Missouri River

10 Basin; and

11 (C) other appropriate entities, as deter12 mined by the Secretary, including—

13 (i) water management and fish and

14 wildlife agencies;

15 (ii) Indian tribes located near the Mis16 souri River Basin; and

17 (iii) nongovernmental stakeholders.

18 (3) DUTIES.—The Commission shall—

19 (A) with respect to the study under sub20 section (a), provide guidance to the Secretary

21 and any other affected Federal agency, State

22 agency, or Indian tribe;

23 (B) provide guidance to the Secretary with

24 respect to the Missouri River recovery and miti25 gation program in existence on the date of enact-
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1 ment of this Act, including recommendations re2 lating to—

3 (i) changes to the implementation

4 strategy from the use of adaptive manage5 ment; and

6 (ii) the coordination of the development

7 of consistent policies, strategies, plans, pro8 grams, projects, activities, and priorities for

9 the program;

10 (C) exchange information regarding pro11 grams, projects, and activities of the agencies

12 and entities represented on the Committee to

13 promote the goals of the Missouri River recovery

14 and mitigation program;

15 (D) establish such working groups as the

16 Committee determines to be necessary to assist in

17 carrying out the duties of the Committee, includ18 ing duties relating to public policy and scientific

19 issues;

20 (E) facilitate the resolution of interagency

21 and intergovernmental conflicts between entities

22 represented on the Committee associated with the

23 Missouri River recovery and mitigation pro24 gram;
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1 (F) coordinate scientific and other research

2 associated with the Missouri River recovery and

3 mitigation program; and

4 (G) annually prepare a work plan and as5 sociated budget requests.

6 (4) COMPENSATION; TRAVEL EXPENSES.—

7 (A) COMPENSATION.—Members of the Com8 mittee shall not receive compensation from the

9 Secretary in carrying out the duties of the Com10 mittee under this section.

11 (B) TRAVEL EXPENSES.—Travel expenses

12 incurred by a member of the Committee in car13 rying out the duties of the Committee under this

14 section shall be paid by the agency, Indian tribe,

15 or unit of government represented by the mem16 ber.

17 (c) NONAPPLICABILITY OF FEDERAL ADVISORY COM18 MITTEE ACT.—The Federal Advisory Committee Act (5

19 U.S.C. App.) shall not apply to the Committee.

20 SEC. 5009. LOWER PLATTE RIVER WATERSHED RESTORA21 TION, NEBRASKA.

22 (a) IN GENERAL.—The Secretary, acting through the

23 Chief of Engineers, may cooperate with and provide assist24 ance to the Lower Platte River natural resources districts
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1 in the State of Nebraska to serve as local sponsors with re2 spect to—

3 (1) conducting comprehensive watershed plan4 ning in the natural resource districts;

5 (2) assessing water resources in the natural re6 source districts; and

7 (3) providing project feasibility planning, de8 sign, and construction assistance for water resource

9 and watershed management in the natural resource

10 districts, including projects for environmental restora11 tion and flood damage reduction.

12 (b) FUNDING.—

13 (1) FEDERAL SHARE.—The Federal share of the

14 cost of carrying out an activity described in sub15 section (a) shall be 65 percent.

16 (2) NON-FEDERAL SHARE.—The non-Federal

17 share of the cost of carrying out an activity described

18 in subsection (a)—

19 (A) shall be 35 percent; and

20 (B) may be provided in cash or in-kind.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to the Secretary to carry out

23 this section $12,000,000.
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1 SEC. 5010. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

2 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE

3 HABITAT RESTORATION, SOUTH DAKOTA.

4 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

5 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX TRIBE

6 AND THE LOWER BRULE SIOUX TRIBE TERRESTRIAL

7 WILDLIFE HABITAT RESTORATION TRUST FUNDS.—Sec8 tion 602(a)(4) of the Water Resources Development Act of

9 1999 (113 Stat. 386) is amended—

10 (1) in subparagraph (A)—

11 (A) in clause (i), by inserting ‘‘and the Sec12 retary of the Treasury’’ after ‘‘Secretary’’; and

13 (B) by striking clause (ii) and inserting the

14 following:

15 ‘‘(ii) AVAILABILITY OF FUNDS.—On

16 notification in accordance with clause (i),

17 the Secretary of the Treasury shall make

18 available to the State of South Dakota

19 funds from the State of South Dakota Ter20 restrial Wildlife Habitat Restoration Trust

21 Fund established under section 603, to be

22 used to carry out the plan for terrestrial

23 wildlife habitat restoration submitted by the

24 State of South Dakota after the State cer25 tifies to the Secretary of the Treasury that

26 the funds to be disbursed will be used in ac-
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1 cordance with section 603(d)(3) and only

2 after the Trust Fund is fully capitalized.’’;

3 and

4 (2) in subparagraph (B), by striking clause (ii)

5 and inserting the following:

6 ‘‘(ii) AVAILABILITY OF FUNDS.—On

7 notification in accordance with clause (i),

8 the Secretary of the Treasury shall make

9 available to the Cheyenne River Sioux Tribe

10 and the Lower Brule Sioux Tribe funds

11 from the Cheyenne River Sioux Terrestrial

12 Wildlife Habitat Restoration Trust Fund

13 and the Lower Brule Sioux Terrestrial

14 Wildlife Habitat Restoration Trust Fund,

15 respectively, established under section 604,

16 to be used to carry out the plans for terres17 trial wildlife habitat restoration submitted

18 by the Cheyenne River Sioux Tribe and the

19 Lower Brule Sioux Tribe, respectively, after

20 the respective tribe certifies to the Secretary

21 of the Treasury that the funds to be dis22 bursed will be used in accordance with sec23 tion 604(d)(3) and only after the Trust

24 Fund is fully capitalized.’’.
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1 (b) INVESTMENT PROVISIONS OF THE STATE OF

2 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

3 TRUST FUND.—Section 603 of the Water Resources Devel4 opment Act of 1999 (113 Stat. 388) is amended—

5 (1) by striking subsection (c) and inserting the

6 following:

7 ‘‘(c) INVESTMENTS.—

8 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding

9 any other provision of law, the Secretary of the Treas10 ury shall invest the amounts deposited under sub11 section (b) and the interest earned on those amounts

12 only in interest-bearing obligations of the United

13 States issued directly to the Fund.

14 ‘‘(2) INVESTMENT REQUIREMENTS.—

15 ‘‘(A) IN GENERAL.—The Secretary of the

16 Treasury shall invest the Fund in accordance

17 with all of the requirements of this paragraph.

18 ‘‘(B) SEPARATE INVESTMENTS OF PRIN19 CIPAL AND INTEREST.—

20 ‘‘(i) PRINCIPAL ACCOUNT.—The

21 amounts deposited in the Fund under sub22 section (b) shall be credited to an account

23 within the Fund (referred to in this para24 graph as the ‘principal account’) and in25 vested as provided in subparagraph (C).
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1 ‘‘(ii) INTEREST ACCOUNT.—The inter2 est earned from investing amounts in the

3 principal account of the Fund shall be

4 transferred to a separate account within the

5 Fund (referred to in this paragraph as the

6 ‘interest account’) and invested as provided

7 in subparagraph (D).

8 ‘‘(iii) CREDITING.—The interest earned

9 from investing amounts in the interest ac10 count of the Fund shall be credited to the

11 interest account.

12 ‘‘(C) INVESTMENT OF PRINCIPAL AC13 COUNT.—

14 ‘‘(i) INITIAL INVESTMENT.—Each

15 amount deposited in the principal account

16 of the Fund shall be invested initially in el17 igible obligations having the shortest matu18 rity then available until the date on which

19 the amount is divided into 3 substantially

20 equal portions and those portions are in21 vested in eligible obligations that are iden22 tical (except for transferability) to the next23 issued publicly issued Treasury obligations

24 having a 2-year maturity, a 5-year matu25 rity, and a 10-year maturity, respectively.
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1 ‘‘(ii) SUBSEQUENT INVESTMENT.—As

2 each 2-year, 5-year, and 10-year eligible ob3 ligation matures, the principal of the ma4 turing eligible obligation shall also be in5 vested initially in the shortest-maturity eli6 gible obligation then available until the

7 principal is reinvested substantially equally

8 in the eligible obligations that are identical

9 (except for transferability) to the next-issued

10 publicly issued Treasury obligations having

11 2-year, 5-year, and 10-year maturities.

12 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

13 OF OBLIGATIONS.—If the Department of the

14 Treasury discontinues issuing to the public

15 obligations having 2-year, 5-year, or 10-

16 year maturities, the principal of any ma17 turing eligible obligation shall be reinvested

18 substantially equally in eligible obligations

19 that are identical (except for transfer20 ability) to the next-issued publicly issued

21 Treasury obligations of the maturities

22 longer than 1 year then available.

23 ‘‘(D) INVESTMENT OF INTEREST AC24 COUNT.—
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1 ‘‘(i) BEFORE FULL CAPITALIZATION.—

2 Until the date on which the Fund is fully

3 capitalized, amounts in the interest account

4 of the Fund shall be invested in eligible obli5 gations that are identical (except for trans6 ferability) to publicly issued Treasury obli7 gations that have maturities that coincide,

8 to the maximum extent practicable, with the

9 date on which the Fund is expected to be

10 fully capitalized.

11 ‘‘(ii) AFTER FULL CAPITALIZATION.—

12 On and after the date on which the Fund

13 is fully capitalized, amounts in the interest

14 account of the Fund shall be invested and

15 reinvested in eligible obligations having the

16 shortest maturity then available until the

17 amounts are withdrawn and transferred to

18 fund the activities authorized under sub19 section (d)(3).

20 ‘‘(E) PAR PURCHASE PRICE.—The price to

21 be paid for eligible obligations purchased as in22 vestments of the principal account shall not ex23 ceed the par value of the obligations so that the

24 amount of the principal account shall be pre25 served in perpetuity.
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1 ‘‘(F) HIGHEST YIELD.—Among eligible obli2 gations having the same maturity and purchase

3 price, the obligation to be purchased shall be the

4 obligation having the highest yield.

5 ‘‘(G) HOLDING TO MATURITY.—Eligible ob6 ligations purchased shall generally be held to

7 their maturities.

8 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI9 TIES.—Not less frequently than once each calendar

10 year, the Secretary of the Treasury shall review with

11 the State of South Dakota the results of the invest12 ment activities and financial status of the Fund dur13 ing the preceding 12-month period.

14 ‘‘(4) AUDITS.—

15 ‘‘(A) IN GENERAL.—The activities of the

16 State of South Dakota (referred to in this sub17 section as the ‘State’) in carrying out the plan

18 of the State for terrestrial wildlife habitat res19 toration under section 602(a) shall be audited as

20 part of the annual audit that the State is re21 quired to prepare under the Office of Manage22 ment and Budget Circular A-133 (or a successor

23 circulation).
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1 ‘‘(B) DETERMINATION BY AUDITORS.—An

2 auditor that conducts an audit under subpara3 graph (A) shall—

4 ‘‘(i) determine whether funds received

5 by the State under this section during the

6 period covered by the audit were used to

7 carry out the plan of the State in accord8 ance with this section; and

9 ‘‘(ii) include the determination under

10 clause (i) in the written findings of the

11 audit.

12 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE13 MENTS.—

14 ‘‘(A) IN GENERAL.—If the Secretary of the

15 Treasury determines that meeting the require16 ments under paragraph (2) with respect to the

17 investment of a Fund is not practicable, or

18 would result in adverse consequences for the

19 Fund, the Secretary shall modify the require20 ments, as the Secretary determines to be nec21 essary.

22 ‘‘(B) CONSULTATION.—Before modifying a

23 requirement under subparagraph (A), the Sec24 retary of the Treasury shall consult with the

25 State regarding the proposed modification.’’;
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1 (2) in subsection (d)(2), by inserting ‘‘of the

2 Treasury’’ after Secretary’’; and

3 (3) by striking subsection (f) and inserting the

4 following:

5 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are author6 ized to be appropriated, out of any money in the Treasury

7 not otherwise appropriated, to the Secretary of the Treas8 ury, to pay expenses associated with investing the Fund

9 and auditing the uses of amounts withdrawn from the

10 Fund—

11 ‘‘(1) up to $500,000 for each of fiscal years 2006

12 and 2007; and

13 ‘‘(2) such sums as are necessary for each subse14 quent fiscal year.’’.

15 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

16 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

17 TRUST FUNDS.—Section 604 of the Water Resources Devel18 opment Act of 1999 (113 Stat. 389) is amended—

19 (1) by striking subsection (c) and inserting the

20 following:

21 ‘‘(c) INVESTMENTS.—

22 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding

23 any other provision of law, the Secretary of the Treas24 ury shall invest the amounts deposited under sub25 section (b) and the interest earned on those amounts
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1 only in interest-bearing obligations of the United

2 States issued directly to the Funds.

3 ‘‘(2) INVESTMENT REQUIREMENTS.—

4 ‘‘(A) IN GENERAL.—The Secretary of the

5 Treasury shall invest each of the Funds in ac6 cordance with all of the requirements of this

7 paragraph.

8 ‘‘(B) SEPARATE INVESTMENTS OF PRIN9 CIPAL AND INTEREST.—

10 ‘‘(i) PRINCIPAL ACCOUNT.—The

11 amounts deposited in each Fund under sub12 section (b) shall be credited to an account

13 within the Fund (referred to in this para14 graph as the ‘principal account’) and in15 vested as provided in subparagraph (C).

16 ‘‘(ii) INTEREST ACCOUNT.—The inter17 est earned from investing amounts in the

18 principal account of each Fund shall be

19 transferred to a separate account within the

20 Fund (referred to in this paragraph as the

21 ‘interest account’) and invested as provided

22 in subparagraph (D).

23 ‘‘(iii) CREDITING.—The interest earned

24 from investing amounts in the interest ac-
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1 count of each Fund shall be credited to the

2 interest account.

3 ‘‘(C) INVESTMENT OF PRINCIPAL AC4 COUNT.—

5 ‘‘(i) INITIAL INVESTMENT.—Each

6 amount deposited in the principal account

7 of each Fund shall be invested initially in

8 eligible obligations having the shortest ma9 turity then available until the date on

10 which the amount is divided into 3 substan11 tially equal portions and those portions are

12 invested in eligible obligations that are

13 identical (except for transferability) to the

14 next-issued publicly issued Treasury obliga15 tions having a 2-year maturity, a 5-year

16 maturity, and a 10-year maturity, respec17 tively.

18 ‘‘(ii) SUBSEQUENT INVESTMENT.—As

19 each 2-year, 5-year, and 10-year eligible ob20 ligation matures, the principal of the ma21 turing eligible obligation shall also be in22 vested initially in the shortest-maturity eli23 gible obligation then available until the

24 principal is reinvested substantially equally

25 in the eligible obligations that are identical
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1 (except for transferability) to the next-issued

2 publicly issued Treasury obligations having

3 2-year, 5-year, and 10-year maturities.

4 ‘‘(iii) DISCONTINUATION OF ISSUANCE

5 OF OBLIGATIONS.—If the Department of the

6 Treasury discontinues issuing to the public

7 obligations having 2-year, 5-year, or 10-

8 year maturities, the principal of any ma9 turing eligible obligation shall be reinvested

10 substantially equally in eligible obligations

11 that are identical (except for transfer12 ability) to the next-issued publicly issued

13 Treasury obligations of the maturities

14 longer than 1 year then available.

15 ‘‘(D) INVESTMENT OF THE INTEREST AC16 COUNT.—

17 ‘‘(i) BEFORE FULL CAPITALIZATION.—

18 Until the date on which each Fund is fully

19 capitalized, amounts in the interest account

20 of the Fund shall be invested in eligible obli21 gations that are identical (except for trans22 ferability) to publicly issued Treasury obli23 gations that have maturities that coincide,

24 to the maximum extent practicable, with the
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1 date on which the Fund is expected to be

2 fully capitalized.

3 ‘‘(ii) AFTER FULL CAPITALIZATION.—

4 On and after the date on which each Fund

5 is fully capitalized, amounts in the interest

6 account of the Fund shall be invested and

7 reinvested in eligible obligations having the

8 shortest maturity then available until the

9 amounts are withdrawn and transferred to

10 fund the activities authorized under sub11 section (d)(3).

12 ‘‘(E) PAR PURCHASE PRICE.—The price to

13 be paid for eligible obligations purchased as in14 vestments of the principal account shall not ex15 ceed the par value of the obligations so that the

16 amount of the principal account shall be pre17 served in perpetuity.

18 ‘‘(F) HIGHEST YIELD.—Among eligible obli19 gations having the same maturity and purchase

20 price, the obligation to be purchased shall be the

21 obligation having the highest yield.

22 ‘‘(G) HOLDING TO MATURITY.—Eligible ob23 ligations purchased shall generally be held to

24 their maturities.
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1 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI2 TIES.—Not less frequently than once each calendar

3 year, the Secretary of the Treasury shall review with

4 the Cheyenne River Sioux Tribe and the Lower Brule

5 Sioux Tribe (referred to in this subsection as the

6 ‘Tribes’) the results of the investment activities and fi7 nancial status of the Funds during the preceding 12-

8 month period.

9 ‘‘(4) AUDITS.—

10 ‘‘(A) IN GENERAL.—The activities of the

11 Tribes in carrying out the plans of the Tribes for

12 terrestrial wildlife habitat restoration under sec13 tion 602(a) shall be audited as part of the an14 nual audit that the Tribes are required to pre15 pare under the Office of Management and Budg16 et Circular A-133 (or a successor circulation).

17 ‘‘(B) DETERMINATION BY AUDITORS.—An

18 auditor that conducts an audit under subpara19 graph (A) shall—

20 ‘‘(i) determine whether funds received

21 by the Tribes under this section during the

22 period covered by the audit were used to

23 carry out the plan of the appropriate Tribe

24 in accordance with this section; and
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1 ‘‘(ii) include the determination under

2 clause (i) in the written findings of the

3 audit.

4 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE5 MENTS.—

6 ‘‘(A) IN GENERAL.—If the Secretary of the

7 Treasury determines that meeting the require8 ments under paragraph (2) with respect to the

9 investment of a Fund is not practicable, or

10 would result in adverse consequences for the

11 Fund, the Secretary shall modify the require12 ments, as the Secretary determines to be nec13 essary.

14 ‘‘(B) CONSULTATION.—Before modifying a

15 requirement under subparagraph (A), the Sec16 retary of the Treasury shall consult with the

17 Tribes regarding the proposed modification.’’;

18 and

19 (2) by striking subsection (f) and inserting the

20 following:

21 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are author22 ized to be appropriated, out of any money in the Treasury

23 not otherwise appropriated, to the Secretary of the Treasury

24 to pay expenses associated with investing the Funds and

25 auditing the uses of amounts withdrawn from the Funds—
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1 ‘‘(1) up to $500,000 for each of fiscal years 2006

2 and 2007; and

3 ‘‘(2) such sums as are necessary for each subse4 quent fiscal year.’’.

5 SEC. 5011. CONNECTICUT RIVER DAMS, VERMONT.

6 (a) IN GENERAL.—The Secretary shall evaluate, de7 sign, and construct structural modifications at full Federal

8 cost to the Union Village Dam (Ompompanoosuc River),

9 North Hartland Dam (Ottauquechee River), North Spring10 field Dam (Black River), Ball Mountain Dam (West River),

11 and Townshend Dam (West River), Vermont, to regulate

12 flow and temperature to mitigate downstream impacts on

13 aquatic habitat and fisheries.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 $30,000,000.

17 TITLE VI—PROJECT

18 DEAUTHORIZATIONS

19 SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.

20 The project for flood damage reduction, Little Cove

21 Creek, Glencoe, Alabama, authorized by the Supplemental

22 Appropriations Act, 1985 (99 Stat. 312), is not authorized.
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1 SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

2 The project for flood control, Goleta and Vicinity, Cali3 fornia, authorized by section 201 of the Flood Control Act

4 of 1970 (84 Stat. 1826), is not authorized.

5 SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

6 (a) IN GENERAL.—The portion of the project for navi7 gation, Bridgeport Harbor, Connecticut, authorized by the

8 Act of July 3, 1930 (46 Stat. 919), consisting of an 18-

9 foot channel in Yellow Mill River and described in sub10 section (b), is not authorized.

11 (b) DESCRIPTION OF PROJECT.—The project referred

12 to in subsection (a) is described as beginning at a point

13 along the eastern limit of the existing project, N.

14 123,649.75, E. 481,920.54, thence running northwesterly

15 about 52.64 feet to a point N. 123,683.03, E. 481,879.75,

16 thence running northeasterly about 1,442.21 feet to a point

17 N. 125,030.08, E. 482,394.96, thence running northeasterly

18 about 139.52 feet to a point along the east limit of the exist19 ing channel, N. 125,133.87, E. 482,488.19, thence running

20 southwesterly about 1,588.98 feet to the point of origin.

21 SEC. 6004. BRIDGEPORT, CONNECTICUT.

22 The project for environmental infrastructure, Bridge23 port, Connecticut, authorized by section 219(f)(26) of the

24 Water Resources Development Act of 1992 (106 Stat. 4835;

25 113 Stat. 336), is not authorized.
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1 SEC. 6005. HARTFORD, CONNECTICUT.

2 The project for environmental infrastructure, Hart3 ford, Connecticut, authorized by section 219(f)(27) of the

4 Water Resources Development Act of 1992 (106 Stat. 4835;

5 113 Stat. 336), is not authorized.

6 SEC. 6006. NEW HAVEN, CONNECTICUT.

7 The project for environmental infrastructure, New

8 Haven, Connecticut, authorized by section 219(f)(28) of the

9 Water Resources Development Act of 1992 (106 Stat. 4835;

10 113 Stat. 336), is not authorized.

11 SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO

12 CHESAPEAKE BAY, PART II, INSTALLATION OF

13 FENDER PROTECTION FOR BRIDGES, DELA14 WARE AND MARYLAND.

15 The project for the construction of bridge fenders for

16 the Summit and St. Georges Bridge for the Inland Water17 way of the Delaware River to the C & D Canal of the Chesa18 peake Bay, authorized by the River and Harbor Act of 1954

19 (68 Stat. 1249), is not authorized.

20 SEC. 6008. SHINGLE CREEK BASIN, FLORIDA.

21 The project for flood control, Central and Southern

22 Florida Project, Shingle Creek Basin, Florida, authorized

23 by section 203 of the Flood Control Act of 1962 (76 Stat.

24 1182), is not authorized.
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1 SEC. 6009. BREVOORT, INDIANA.

2 The project for flood control, Brevoort, Indiana, au3 thorized by section 5 of the Flood Control Act of 1936 (49

4 Stat. 1587), is not authorized.

5 SEC. 6010. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

6 The project for flood control, Middle Wabash, Green7 field Bayou, Indiana, authorized by section 10 of the Flood

8 Control Act of 1946 (60 Stat. 649), is not authorized.

9 SEC. 6011. LAKE GEORGE, HOBART, INDIANA.

10 The project for flood damage reduction, Lake George,

11 Hobart, Indiana, authorized by section 602 of the Water

12 Resources Development Act of 1986 (100 Stat. 4148), is not

13 authorized.

14 SEC. 6012. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO.

15 2, IOWA.

16 The project for flood damage reduction, Green Bay

17 Levee and Drainage District No. 2, Iowa, authorized by sec18 tion 401(a) of the Water Resources Development Act of 1986

19 (100 Stat. 4115), deauthorized in fiscal year 1991, and re20 authorized by section 115(a)(1) of the Water Resources De21 velopment Act of 1992 (106 Stat. 4821), is not authorized.

22 SEC. 6013. MUSCATINE HARBOR, IOWA.

23 The project for navigation at the Muscatine Harbor

24 on the Mississippi River at Muscatine, Iowa, authorized by

25 section 101 of the River and Harbor Act of 1950 (64 Stat.

26 166), is not authorized.
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1 SEC. 6014. BIG SOUTH FORK NATIONAL RIVER AND REC2 REATIONAL AREA, KENTUCKY AND TEN3 NESSEE.

4 The project for recreation facilities at Big South Fork

5 National River and Recreational Area, Kentucky and Ten6 nessee, authorized by section 108 of the Water Resources De7 velopment Act of 1974 (88 Stat. 43), is not authorized.

8 SEC. 6015. EAGLE CREEK LAKE, KENTUCKY.

9 The project for flood control and water supply, Eagle

10 Creek Lake, Kentucky, authorized by section 203 of the

11 Flood Control Act of 1962 (76 Stat. 1188), is not author12 ized.

13 SEC. 6016. HAZARD, KENTUCKY.

14 The project for flood damage reduction, Hazard, Ken15 tucky, authorized by section 3 of the Water Resources Devel16 opment Act of 1988 (102 Stat. 4014) and section 108 of

17 the Water Resources Development Act of 1990 (104 Stat.

18 4621), is not authorized.

19 SEC. 6017. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

20 The project for flood control, West Kentucky Tribu21 taries, Kentucky, authorized by section 204 of the Flood

22 Control Act of 1965 (79 Stat. 1081), section 201 of the Flood

23 Control Act of 1970 (84 Stat. 1825), and section 401(b) of

24 the Water Resources Development Act of 1986 (100 Stat.

25 4129), is not authorized.
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1 SEC. 6018. BAYOU COCODRIE AND TRIBUTARIES, LOU2 ISIANA.

3 The project for flood damage reduction, Bayou

4 Cocodrie and Tributaries, Louisiana, authorized by section

5 3 of the of the Act of August 18, 1941 (55 Stat. 644, chapter

6 377), and section 1(a) of the Water Resources Development

7 Act of 1974 (88 Stat. 12), is not authorized.

8 SEC. 6019. BAYOU LAFOURCHE AND LAFOURCHE JUMP,

9 LOUISIANA.

10 The uncompleted portions of the project for navigation

11 improvement for Bayou LaFourche and LaFourche Jump,

12 Louisiana, authorized by the Act of August 30, 1935 (49

13 Stat. 1033, chapter 831), and the River and Harbor Act

14 of 1960 (74 Stat. 481), are not authorized.

15 SEC. 6020. EASTERN RAPIDES AND SOUTH-CENTRAL

16 AVOYELLES PARISHES, LOUISIANA.

17 The project for flood control, Eastern Rapides and

18 South-Central Avoyelles Parishes, Louisiana, authorized by

19 section 201 of the Flood Control Act of 1970 (84 Stat. 1825),

20 is not authorized.

21 SEC. 6021. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU22 ISIANA.

23 The project for erosion protection and recreation, Fort

24 Livingston, Grande Terre Island, Louisiana, authorized by

25 the Act of August 13, 1946 (commonly known as the ‘‘Flood
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1 Control Act of 1946’’) (33 U.S.C. 426e et seq.), is not au2 thorized.

3 SEC. 6022. GULF INTERCOASTAL WATERWAY, LAKE BORGNE

4 AND CHEF MENTEUR, LOUISIANA.

5 The project for the construction of bulkheads and jetties

6 at Lake Borgne and Chef Menteur, Louisiana, as part of

7 the Gulf Intercoastal Waterway authorized by the first sec8 tion of the River and Harbor Act of 1946 (60 Stat. 635),

9 is not authorized.

10 SEC. 6023. RED RIVER WATERWAY, SHREVEPORT, LOU11 ISIANA TO DAINGERFIELD, TEXAS.

12 The project for the Red River Waterway, Shreveport,

13 Louisiana to Daingerfield, Texas, authorized by section 101

14 of the River and Harbor Act of 1968 (82 Stat. 731), is not

15 authorized.

16 SEC. 6024. CASCO BAY, PORTLAND, MAINE.

17 The project for environmental infrastructure, Casco

18 Bay in the Vicinity of Portland, Maine, authorized by sec19 tion 307 of the Water Resources Development Act of 1992

20 (106 Stat. 4841), is not authorized.

21 SEC. 6025. NORTHEAST HARBOR, MAINE.

22 The project for navigation, Northeast Harbor, Maine,

23 authorized by section 2 of the Act of March 2, 1945 (59

24 Stat. 12, chapter 19), is not authorized.
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1 SEC. 6026. PENOBSCOT RIVER, BANGOR, MAINE.

2 The project for environmental infrastructure, Penob3 scot River in the Vicinity of Bangor, Maine, authorized by

4 section 307 of the Water Resources Development Act of 1992

5 (106 Stat. 4841), is not authorized.

6 SEC. 6027. SAINT JOHN RIVER BASIN, MAINE.

7 The project for research and demonstration program

8 of cropland irrigation and soil conservation techniques,

9 Saint John River Basin, Maine, authorized by section 1108

10 of the Water Resources Development Act of 1986 (106 Stat.

11 4230), is not authorized.

12 SEC. 6028. TENANTS HARBOR, MAINE.

13 The project for navigation, Tenants Harbor, Maine,

14 authorized by the first section of the Act of March 2, 1919

15 (40 Stat. 1275, chapter 95), is not authorized.

16 SEC. 6029. GRAND HAVEN HARBOR, MICHIGAN.

17 The project for navigation, Grand Haven Harbor,

18 Michigan, authorized by section 202(a) of the Water Re19 sources Development Act of 1986 (100 Stat. 4093), is not

20 authorized.

21 SEC. 6030. GREENVILLE HARBOR, MISSISSIPPI.

22 The project for navigation, Greenville Harbor, Mis23 sissippi, authorized by section 601(a) of the Water Re24 sources Development Act of 1986 (100 Stat. 4142), is not

25 authorized.
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1 SEC. 6031. PLATTE RIVER FLOOD AND RELATED

2 STREAMBANK EROSION CONTROL, NE3 BRASKA.

4 The project for flood damage reduction, Platte River

5 Flood and Related Streambank Erosion Control, Nebraska,

6 authorized by section 603 of the Water Resources Develop7 ment Act of 1986 (100 Stat. 4149), is not authorized.

8 SEC. 6032. EPPING, NEW HAMPSHIRE.

9 The project for environmental infrastructure, Epping,

10 New Hampshire, authorized by section 219(c)(6) of the

11 Water Resources Development Act of 1992 (106 Stat. 4835),

12 is not authorized.

13 SEC. 6033. MANCHESTER, NEW HAMPSHIRE.

14 The project for environmental infrastructure, Man15 chester, New Hampshire, authorized by section 219(c)(7) of

16 the Water Resources Development Act of 1992 (106 Stat.

17 4836), is not authorized.

18 SEC. 6034. NEW YORK HARBOR AND ADJACENT CHANNELS,

19 CLAREMONT TERMINAL, JERSEY CITY, NEW

20 JERSEY.

21 The project for navigation, New York Harbor and ad22 jacent channels, Claremont Terminal, Jersey City, New Jer23 sey, authorized by section 202(b) of the Water Resources De24 velopment Act of 1986 (100 Stat. 4098), is not authorized.
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1 SEC. 6035. EISENHOWER AND SNELL LOCKS, NEW YORK.

2 The project for navigation, Eisenhower and Snell

3 Locks, New York, authorized by section 1163 of the Water

4 Resources Development Act of 1986 (100 Stat. 4258), is not

5 authorized.

6 SEC. 6036. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

7 The project for navigation, Olcott Harbor, Lake On8 tario, New York, authorized by section 601(a) of the Water

9 Resources Development Act of 1986 (100 Stat. 4143), is not

10 authorized.

11 SEC. 6037. OUTER HARBOR, BUFFALO, NEW YORK.

12 The project for navigation, Outer Harbor, Buffalo,

13 New York, authorized by section 110 of the Water Resources

14 Development Act of 1992 (106 Stat. 4817), is not author15 ized.

16 SEC. 6038. SUGAR CREEK BASIN, NORTH CAROLINA AND

17 SOUTH CAROLINA.

18 The project for flood damage reduction, Sugar Creek

19 Basin, North Carolina and South Carolina, authorized by

20 section 401(a) of the Water Resources Development Act of

21 1986 (100 Stat. 4121), is not authorized.

22 SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

23 The project for navigation, Cleveland Harbor

24 (uncompleted portion), Ohio, authorized by section 101 of

25 the River and Harbor Act of 1958 (72 Stat. 299), is not

26 authorized.
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1 SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

2 The project for navigation, Cleveland Harbor

3 (uncompleted portion), Ohio, authorized by section 101 of

4 the River and Harbor Act of 1960 (74 Stat. 482), is not

5 authorized.

6 SEC. 6041. CLEVELAND HARBOR, UNCOMPLETED PORTION

7 OF CUT #4, OHIO.

8 The project for navigation, Cleveland Harbor

9 (uncompleted portion of Cut #4), Ohio, authorized by the

10 first section of the Act of July 24, 1946 (60 Stat. 636, chap11 ter 595), is not authorized.

12 SEC. 6042. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM13 MOND, OREGON.

14 The project for the Columbia River, Seafarers Memo15 rial, Hammond, Oregon, authorized by title I of the Energy

16 and Water Development Appropriations Act, 1991 (104

17 Stat. 2078), is not authorized.

18 SEC. 6043. SCHUYLKILL RIVER, PENNSYLVANIA.

19 The project for navigation, Schuylkill River (Mouth to

20 Penrose Avenue), Pennsylvania, authorized by section

21 3(a)(12) of the Water Resources Development Act of 1988

22 (102 Stat. 4013), is not authorized.

23 SEC. 6044. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

24 The project for flood control and recreation, Tioga25 Hammond Lakes, Mill Creek Recreation, Pennsylvania, au-
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1 thorized by section 203 of the Flood Control Act of 1958

2 (72 Stat. 313), is not authorized.

3 SEC. 6045. TAMAQUA, PENNSYLVANIA.

4 The project for flood control, Tamaqua, Pennsylvania,

5 authorized by section 1(a) of the Water Resources Develop6 ment Act of 1974 (88 Stat. 14), is not authorized.

7 SEC. 6046. NARRAGANSETT TOWN BEACH, NARRAGANSETT,

8 RHODE ISLAND.

9 The project for navigation, Narragansett Town Beach,

10 Narragansett, Rhode Island, authorized by section 361 of

11 the Water Resources Development Act of 1992 (106 Stat.

12 4861), is not authorized.

13 SEC. 6047. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

14 The project for bulkhead repairs, Quonset Point15 Davisville, Rhode Island, authorized by section 571 of the

16 Water Resources Development Act of 1996 (110 Stat. 3788),

17 is not authorized.

18 SEC. 6048. ARROYO COLORADO, TEXAS.

19 The project for flood damage reduction, Arroyo Colo20 rado, Texas, authorized by section 401(a) of the Water Re21 sources Development Act of 1986 (100 Stat. 4125), is not

22 authorized.

23 SEC. 6049. CYPRESS CREEK-STRUCTURAL, TEXAS.

24 The project for flood damage reduction, Cypress Creek25 Structural, Texas, authorized by section 3(a)(13) of the
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1 Water Resources Development Act of 1988 (102 Stat. 4014),

2 is not authorized.

3 SEC. 6050. EAST FORK CHANNEL IMPROVEMENT, INCRE4 MENT 2, EAST FORK OF THE TRINITY RIVER,

5 TEXAS.

6 The project for flood damage reduction, East Fork

7 Channel Improvement, Increment 2, East Fork of the Trin8 ity River, Texas, authorized by section 203 of the Flood

9 Control Act of 1962 (76 Stat. 1185), is not authorized.

10 SEC. 6051. FALFURRIAS, TEXAS.

11 The project for flood damage reduction, Falfurrias,

12 Texas, authorized by section 3(a)(14) of the Water Re13 sources Development Act of 1988 (102 Stat. 4014), is not

14 authorized.

15 SEC. 6052. PECAN BAYOU LAKE, TEXAS.

16 The project for flood control, Pecan Bayou Lake,

17 Texas, authorized by section 203 of the Flood Control Act

18 of 1968 (82 Stat. 742), is not authorized.

19 SEC. 6053. LAKE OF THE PINES, TEXAS.

20 The project for navigation improvements affecting

21 Lake of the Pines, Texas, for the portion of the Red River

22 below Fulton, Arkansas, authorized by the Act of July 13,

23 1892 (27 Stat. 88, chapter 158), as amended by the Act

24 of July 24, 1946 (60 Stat. 635, chapter 595), the Act of
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1 May 17, 1950 (64 Stat. 163, chapter 188), and the River

2 and Harbor Act of 1968 (82 Stat. 731), is not authorized.

3 SEC. 6054. TENNESSEE COLONY LAKE, TEXAS.

4 The project for navigation, Tennessee Colony Lake,

5 Trinity River, Texas, authorized by section 204 of the River

6 and Harbor Act of 1965 (79 Stat. 1091), is not authorized.

7 SEC. 6055. CITY WATERWAY, TACOMA, WASHINGTON.

8 The portion of the project for navigation, City Water9 way, Tacoma, Washington, authorized by the first section

10 of the Act of June 13, 1902 (32 Stat. 347), consisting of

11 the last 1,000 linear feet of the inner portion of the Water12 way beginning at Station 70+00 and ending at Station

13 80+00, is not authorized.

14 SEC. 6056. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

15 The project for bank erosion, Kanawha River, Charles16 ton, West Virginia, authorized by section 603(f)(13) of the

17 Water Resources Development Act of 1986 (100 Stat. 4153),

18 is not authorized.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 2864

AMENDMENT