I 

109TH CONGRESS 

2D SESSION H. R. 5244 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2006 

Ms. ROYBAL-ALLARD (for herself, Ms. WATSON, Mrs. NAPOLITANO, Mr. 

BECERRA, Ms. SOLIS, and Mr. WAXMAN) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

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, the following defi9 nitions apply: 

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

11 Los Angeles, California. 


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

2 the Secretary of the Army. 

3 (b) REVITALIZATION PLAN.— 

4 (1) IN GENERAL.—The Secretary, in coordina5 tion with the City and in consultation with appro6 priate Federal, State, regional, and local agencies, 

7 shall— 

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

9 revitalization of the Los Angeles River that is 

10 consistent with the goals of the Los Angeles 

11 River Revitalization Master Plan published by 

12 the City; and 

13 (B) submit the plan to Congress by not 

14 later than 3 years after the date on which funds 

15 are appropriated to carry out this subsection. 

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

17 shall— 

18 (A) address environmental restoration, rec19 reational, water conservation, flood control, eco20 nomic development, and other uses of the Los 

21 Angeles River; and 

22 (B) include— 

23 (i) a feasibility report with respect to 

24 the implementation of the plan; and 


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1 (ii) a project-specific environmental 

2 impact statement or similar analysis re3 quired under the National Environmental 

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

5 seq.) relating to each proposed Federal ac6 tion under the plan. 

7 (3) USE OF EXISTING INFORMATION AND MEAS8 URES.—In preparing and implementing the plan 

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

10 maximum extent practicable— 

11 (A) information that is available as of the 

12 date of enactment of this Act; 

13 (B) information developed under the pilot 

14 projects under subsection (c); and 

15 (C) any measure being carried out as of 

16 the date of enactment of this Act by a partici17 pating agency. 

18 (4) AGREEMENT.— 

19 (A) IN GENERAL.—The Secretary shall 

20 offer to enter into a binding agreement with the 

21 City and any other non-Federal sponsor to 

22 carry out the plan under paragraph (1). 

23 (B) NON-FEDERAL SHARE.— 

24 (i) IN GENERAL.—The agreement 

25 under subparagraph (A) shall include costVerDate Aug 31 2005 03:19 May 02, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244

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1 sharing provisions under which the City 

2 and any other non-Federal sponsor shall 

3 pay not less than 50 percent of the total 

4 costs of carrying out the plan under para5 graph (1). 

6 (ii) FORM.—The non-Federal share 

7 under clause (i) may be provided in cash 

8 or in-kind. 

9 (iii) CREDIT FOR PREVIOUSLY DEVEL10 OPED INFORMATION.—In calculating the 

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

12 Secretary shall provide to the City a credit 

13 in the amount of the cost of developing any 

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

15 (5) ALTERNATIVES.— 

16 (A) IN GENERAL.—The Secretary, in co17 ordination with the City, may recommend, 

18 through a full and open evaluation process, any 

19 locally-preferred project as an alternative to a 

20 measure proposed in the plan under paragraph 

21 (1). 

22 (B) INCLUSION IN FEASIBILITY REPORT

23 AND EIS.—Each recommended locally-preferred 

24 project under subparagraph (A) shall be in25 cluded in the feasibility report or an environVerDate Aug 31 2005 03:19 May 02, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244

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1 mental impact statement or analysis, as appro2 priate, under paragraph (2)(B). 

3 (6) REPORT TO CONGRESS.—The Secretary 

4 shall submit to Congress a report describing the im5 plementation and results of the plan under para6 graph (1) as soon as practicable after the date on 

7 which the plan is carried out. 

8 (7) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

10 this subsection $4,000,000. 

11 (c) PILOT PROJECTS.— 

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

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

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

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

16 subsection (b)(1). 

17 (2) DESCRIPTION OF PROJECTS.—A pilot 

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

19 for the revitalization of the Los Angeles River, in20 cluding— 

21 (A) a channel wall texturing or other aes22 thetic treatment construction project; 

23 (B) a flood control system that incor24 porates an in-channel temporary dam to pond 

25 water for environmental or aesthetic purposes; 


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1 (C) a graffiti removal or control construc2 tion project; or 

3 (D) a wetlands or riparian habitat restora4 tion demonstration project. 

5 (3) AGREEMENTS.— 

6 (A) IN GENERAL.—The Secretary shall 

7 offer to enter into a binding agreement with the 

8 City and any other non-Federal sponsor to 

9 carry out each pilot project under paragraph 

10 (1) under which the City and any other non11 Federal sponsor shall agree— 

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

13 total costs of the pilot project; 

14 (ii) to acquire any land, easement, 

15 right-of-way, relocation, or dredged mate16 rial disposal area required to carry out the 

17 pilot project; and 

18 (iii) to hold the United States harm19 less for any claim or damage that arises in 

20 carrying out the pilot project, except for a 

21 claim or damage arising from the neg22 ligence of an officer or contractor of the 

23 United States. 

24 (B) NON-FEDERAL SHARE.— 


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1 (i) FORM.—The non-Federal share 

2 under subparagraph (A)(i) may be pro3 vided in cash or in-kind. 

4 (ii) CREDITS.— 

5 (I) IN GENERAL.—In calculating 

6 the non-Federal share under clause 

7 (i), the Secretary shall provide to the 

8 City and any other non-Federal spon9 sor a credit (including an in-kind 

10 credit) in an amount that reflects— 

11 (aa) the value of any land, 

12 easement, right-of-way, reloca13 tion, or dredged material disposal 

14 area provided by the City and 

15 any other non-Federal sponsor in 

16 carrying out the applicable pilot 

17 project; and 

18 (bb) the reasonable cost of 

19 any work performed in connec20 tion with a study, 

21 preconstruction engineering and 

22 design project, or construction 

23 project required to carry out the 

24 revitalization plan under sub25 section (b)(1). 


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1 (II) USE.—A credit provided 

2 under this clause may be used for any 

3 pilot project under this subsection. 

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

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

6 project under this subsection. 

7 (5) FEDERAL SHARE.—Subject to subsection 

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

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

10 (6) REPORT TO CONGRESS.—The Secretary 

11 shall submit to Congress a report describing each 

12 pilot project carried out under this subsection as 

13 soon as practicable after the date on which the pilot 

14 project is completed. 

15 (7) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this subsection $35,000,000. 

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

19 Water Resources Development Act of 1992 (106 Stat. 

20 4835; 117 Stat. 1836, 1838, 1841, 1844; 119 Stat. 2255) 

21 is amended— 

22 (1) by striking ‘‘CHARLESTON, SOUTH CARO23 LINA.—$5,000,000’’ and inserting the following: 

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

25 $5,000,000’’; 


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

2 and each subsequent paragraph as paragraphs (73) 

3 through (77), respectively; 

4 (3) in paragraph (75) (as redesignated by para5 graph (2))— 

6 (A) by striking ‘‘(75) $6,430,000’’ and in7 serting the following: 

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

9 and 

10 (B) by striking the semicolon at the end 

11 and inserting a period; and 

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

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

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

15 project, including measures for environmental res16 toration and revitalization of the Los Angeles River 

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

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

19 carried out under the revitalization plan under subsection 

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

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

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

Æ 


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