II 

109TH CONGRESS 

2D SESSION S. 2667 

To revitalize the Los Angeles River, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To revitalize the Los Angeles River, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Los Angeles River Re5 vitalization Act’’. 

6 SEC. 2. LOS ANGELES RIVER REVITALIZATION, CALI7 FORNIA. 

8 (a) DEFINITIONS.—In this section: 

9 (1) CITY.—The term ‘‘City’’ means the city of 

10 Los Angeles, California. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Army. 


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1 (b) REVITALIZATION PLAN.— 

2 (1) IN GENERAL.—The Secretary, in coordina3 tion with the City and in consultation with appro4 priate Federal, State, regional, and local agencies, 

5 shall— 

6 (A) prepare a project-specific plan for the 

7 revitalization of the Los Angeles River that is 

8 consistent with the goals of the Los Angeles 

9 River Revitalization Master Plan published by 

10 the City; and 

11 (B) submit the plan to Congress by not 

12 later than 3 years after the date on which funds 

13 are appropriated to carry out this subsection. 

14 (2) CONTENTS.—The plan under paragraph (1) 

15 shall— 

16 (A) address environmental restoration, rec17 reational, water conservation, flood control, eco18 nomic development, and other uses of the Los 

19 Angeles River; and 

20 (B) include— 

21 (i) a feasibility report with respect to 

22 the implementation of the plan; and 

23 (ii) a project-specific environmental 

24 impact statement or similar analysis re25 quired under the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.) relating to each proposed Federal ac3 tion under the plan. 

4 (3) USE OF EXISTING INFORMATION AND MEAS5 URES.—In preparing and implementing the plan 

6 under paragraph (1), the Secretary shall use, to the 

7 maximum extent practicable— 

8 (A) information that is available as of the 

9 date of enactment of this Act; 

10 (B) information developed under the pilot 

11 projects under subsection (c); and 

12 (C) any measure being carried out as of 

13 the date of enactment of this Act by a partici14 pating agency. 

15 (4) AGREEMENT.— 

16 (A) IN GENERAL.—The Secretary shall 

17 offer to enter into a binding agreement with the 

18 City and any other non-Federal sponsor to 

19 carry out the plan under paragraph (1). 

20 (B) NON-FEDERAL SHARE.— 

21 (i) IN GENERAL.—The agreement 

22 under subparagraph (A) shall include cost23 sharing provisions under which the City 

24 and any other non-Federal sponsor shall 

25 pay not less than 50 percent of the total 


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1 costs of carrying out the plan under para2 graph (1). 

3 (ii) FORM.—The non-Federal share 

4 under clause (i) may be provided in cash 

5 or in-kind. 

6 (iii) CREDIT FOR PREVIOUSLY DEVEL7 OPED INFORMATION.—In calculating the 

8 non-Federal share under clause (i), the 

9 Secretary shall provide to the City a credit 

10 in the amount of the cost of developing any 

11 information used under paragraph (3)(A). 

12 (5) ALTERNATIVES.— 

13 (A) IN GENERAL.—The Secretary, in co14 ordination with the City, may recommend, 

15 through a full and open evaluation process, any 

16 locally-preferred project as an alternative to a 

17 measure proposed in the plan under paragraph 

18 (1). 

19 (B) INCLUSION IN FEASIBILITY REPORT

20 AND EIS.—Each recommended locally-preferred 

21 project under subparagraph (A) shall be in22 cluded in the feasibility report or an environ23 mental impact statement or analysis, as appro24 priate, under paragraph (2)(B). 


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1 (6) REPORT TO CONGRESS.—The Secretary 

2 shall submit to Congress a report describing the im3 plementation and results of the plan under para4 graph (1) as soon as practicable after the date on 

5 which the plan is carried out. 

6 (7) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to carry out 

8 this subsection $4,000,000. 

9 (c) PILOT PROJECTS.— 

10 (1) IN GENERAL.—The Secretary is authorized 

11 to construct, at any time, any pilot project described 

12 in paragraph (2) in order to provide information to 

13 develop, or to carry out, the revitalization plan under 

14 subsection (b)(1). 

15 (2) DESCRIPTION OF PROJECTS.—A pilot 

16 project referred to in paragraph (1) is a pilot project 

17 for the revitalization of the Los Angeles River, in18 cluding— 

19 (A) a channel wall texturing or other aes20 thetic treatment construction project; 

21 (B) a flood control system that incor22 porates an in-channel temporary dam to pond 

23 water for environmental or aesthetic purposes; 

24 (C) a graffiti removal or control construc25 tion project; or 


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1 (D) a wetlands or riparian habitat restora2 tion demonstration project. 

3 (3) AGREEMENTS.— 

4 (A) IN GENERAL.—The Secretary shall 

5 offer to enter into a binding agreement with the 

6 City and any other non-Federal sponsor to 

7 carry out each pilot project under paragraph 

8 (1) under which the City and any other non9 Federal sponsor shall agree— 

10 (i) to pay at least 35 percent of the 

11 total costs of the pilot project; 

12 (ii) to acquire any land, easement, 

13 right-of-way, relocation, or dredged mate14 rial disposal area required to carry out the 

15 pilot project; and 

16 (iii) to hold the United States harm17 less for any claim or damage that arises in 

18 carrying out the pilot project, except for a 

19 claim or damage arising from the neg20 ligence of an officer or contractor of the 

21 United States. 

22 (B) NON-FEDERAL SHARE.— 

23 (i) FORM.—The non-Federal share 

24 under subparagraph (A)(i) may be pro25 vided in cash or in-kind. 


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1 (ii) CREDITS.— 

2 (I) IN GENERAL.—In calculating 

3 the non-Federal share under clause 

4 (i), the Secretary shall provide to the 

5 City and any other non-Federal spon6 sor a credit (including an in-kind 

7 credit) in an amount that reflects— 

8 (aa) the value of any land, 

9 easement, right-of-way, reloca10 tion, or dredged material disposal 

11 area provided by the City and 

12 any other non-Federal sponsor in 

13 carrying out the applicable pilot 

14 project; and 

15 (bb) the reasonable cost of 

16 any work performed in connec17 tion with a study, 

18 preconstruction engineering and 

19 design project, or construction 

20 project required to carry out the 

21 revitalization plan under sub22 section (b)(1). 

23 (II) USE.—A credit provided 

24 under this clause may be used for any 

25 pilot project under this subsection. 


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1 (4) PRIORITY.—The Secretary, in consultation 

2 with the City, shall assign a priority to each pilot 

3 project under this subsection. 

4 (5) FEDERAL SHARE.—Subject to subsection 

5 (e), the Federal share of a pilot project under this 

6 subsection shall not exceed $5,000,000. 

7 (6) REPORT TO CONGRESS.—The Secretary 

8 shall submit to Congress a report describing each 

9 pilot project carried out under this subsection as 

10 soon as practicable after the date on which the pilot 

11 project is completed. 

12 (7) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this subsection $35,000,000. 

15 (d) WATER REUSE PROJECT.—Section 219(f) of the 

16 Water Resources Development Act of 1992 (106 Stat. 

17 4835; 117 Stat. 1836, 1838, 1841, 1844; 119 Stat. 2255) 

18 is amended— 

19 (1) by striking ‘‘CHARLESTON, SOUTH CARO20 LINA.—$5,000,000’’ and inserting the following: 

21 ‘‘(72) CHARLESTON, SOUTH CAROLINA.— 

22 $5,000,000’’; 

23 (2) by redesignating the second paragraph (71) 

24 and each subsequent paragraph as paragraphs (73) 

25 through (77), respectively; 


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1 (3) in paragraph (75) (as redesignated by para2 graph (2))— 

3 (A) by striking ‘‘(75) $6,430,000’’ and in4 serting the following: 

5 ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000’’; 

6 and 

7 (B) by striking the semicolon at the end 

8 and inserting a period; and 

9 (4) by adding at the end the following: 

10 ‘‘(78) LOS ANGELES RIVER, LOS ANGELES, 

11 CALIFORNIA.—$40,000,000 for a water reuse 

12 project, including measures for environmental res13 toration and revitalization of the Los Angeles River 

14 within the City of Los Angeles, California.’’. 

15 (e) MAXIMUM COST OF PROJECTS.—Each project 

16 carried out under the revitalization plan under subsection 

17 (b), and each pilot project carried out under subsection 

18 (c), shall be subject to section 902 of the Water Resources 

19 Development Act of 1986 (100 Stat. 4183). 

Æ 


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