II 

Calendar No. 126 

110TH CONGRESS 

1ST SESSION S. 1248 

[Report No. 110–58] 

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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2007 

Mrs. BOXER, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

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. 

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


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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 2007’’. 

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

5 this 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 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. Extension of shore protection projects. 


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Subtitle B—Continuing Authorities Projects 

Sec. 2031. Navigation enhancements for waterbourne transportation. 

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

streambanks. 

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. 


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

Sec. 3029. Additional program authority, comprehensive Everglades restoration, Florida. 

Sec. 3030. Brevard County, Florida. 

Sec. 3031. Critical restoration projects, Everglades and south Florida ecosystem restoration, Florida. 

Sec. 3032. Lake Okeechobee and Hillsboro Aquifer pilot projects, comprehensive Everglades restoration, Florida. 

Sec. 3033. Lido Key, Sarasota County, Florida. 

Sec. 3034. Port Sutton Channel, Tampa Harbor, Florida. 

Sec. 3035. Tampa Harbor, Cut B, Tampa, Florida. 

Sec. 3036. Allatoona Lake, Georgia. 

Sec. 3037. Dworshak Reservoir improvements, Idaho. 

Sec. 3038. Little Wood River, Gooding, Idaho. 

Sec. 3039. Port of Lewiston, Idaho. 

Sec. 3040. Cache River Levee, Illinois. 

Sec. 3041. Chicago, Illinois. 

Sec. 3042. Chicago River, Illinois. 

Sec. 3043. Illinois River Basin restoration. 

Sec. 3044. Missouri and Illinois flood protection projects reconstruction pilot 

program. 

Sec. 3045. Spunky Bottom, Illinois. 

Sec. 3046. Strawn Cemetery, John Redmond Lake, Kansas. 

Sec. 3047. Milford Lake, Milford, Kansas. 

Sec. 3048. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and 

West Virginia. 

Sec. 3049. McAlpine Lock and Dam, Kentucky and Indiana. 

Sec. 3050. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3051. Regional visitor center, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3052. Calcasieu River and Pass, Louisiana. 

Sec. 3053. East Baton Rouge Parish, Louisiana. 

Sec. 3054. Mississippi River Gulf Outlet relocation assistance, Louisiana. 

Sec. 3055. Red River (J. Bennett Johnston) Waterway, Louisiana. 

Sec. 3056. Camp Ellis, Saco, Maine. 

Sec. 3057. Union River, Maine. 

Sec. 3058. Chesapeake Bay environmental restoration and protection program, 

Maryland, Pennsylvania, and Virginia. 

Sec. 3059. Cumberland, Maryland. 

Sec. 3060. Aunt Lydia’s Cove, Massachusetts. 

Sec. 3061. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 3062. St. Clair River and Lake St. Clair, Michigan. 

Sec. 3063. Duluth Harbor, Minnesota. 

Sec. 3064. Bonnet Carre Freshwater Diversion Project, Mississippi and Louisiana. 

Sec. 3065. Land exchange, Pike County, Missouri. 

Sec. 3066. L–15 levee, Missouri. 

Sec. 3067. Union Lake, Missouri. 

Sec. 3068. Lower Yellowstone project, Montana. 

Sec. 3069. Yellowstone River and tributaries, Montana and North Dakota. 

Sec. 3070. Lower Truckee River, McCarran Ranch, Nevada. 

Sec. 3071. Middle Rio Grande restoration, New Mexico. 

Sec. 3072. Long Island Sound oyster restoration, New York and Connecticut. 

Sec. 3073. Orchard Beach, Bronx, New York. 

Sec. 3074. New York Harbor, New York, New York. 


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Sec. 3075. Missouri River restoration, North Dakota. 

Sec. 3076. Lower Girard Lake Dam, Girard, Ohio. 

Sec. 3077. Toussaint River Navigation Project, Carroll Township, Ohio. 

Sec. 3078. Arcadia Lake, Oklahoma. 

Sec. 3079. Lake Eufaula, Oklahoma. 

Sec. 3080. Release of reversionary interest, Oklahoma. 

Sec. 3081. Oklahoma lakes demonstration program, Oklahoma. 

Sec. 3082. Waurika Lake, Oklahoma. 

Sec. 3083. Lookout Point project, Lowell, Oregon. 

Sec. 3084. Upper Willamette River Watershed ecosystem restoration. 

Sec. 3085. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 3086. Narragansett Bay, Rhode Island. 

Sec. 3087. South Carolina Department of Commerce development proposal at 

Richard B. Russell Lake, South Carolina. 

Sec. 3088. Missouri River restoration, South Dakota. 

Sec. 3089. Missouri and Middle Mississippi Rivers enhancement project. 

Sec. 3090. Nonconnah Weir, Memphis, Tennessee. 

Sec. 3091. Old Hickory Lock and Dam, Cumberland River, Tennessee. 

Sec. 3092. Sandy Creek, Jackson County, Tennessee. 

Sec. 3093. Cedar Bayou, Texas. 

Sec. 3094. Denison, Texas. 

Sec. 3095. Freeport Harbor, Texas. 

Sec. 3096. Harris County, Texas. 

Sec. 3097. Connecticut River restoration, Vermont. 

Sec. 3098. Dam remediation, Vermont. 

Sec. 3099. Lake Champlain Eurasian milfoil, water chestnut, and other nonnative plant control, Vermont. 

Sec. 3100. Upper Connecticut River Basin wetland restoration, Vermont and 

New Hampshire. 

Sec. 3101. Upper Connecticut River Basin ecosystem restoration, Vermont and 

New Hampshire. 

Sec. 3102. Lake Champlain watershed, Vermont and New York. 

Sec. 3103. Chesapeake Bay oyster restoration, Virginia and Maryland. 

Sec. 3104. Tangier Island Seawall, Virginia. 

Sec. 3105. Erosion control, Puget Island, Wahkiakum County, Washington. 

Sec. 3106. Lower granite pool, Washington. 

Sec. 3107. McNary Lock and Dam, McNary National Wildlife Refuge, Washington and Idaho. 

Sec. 3108. Snake River project, Washington and Idaho. 

Sec. 3109. Whatcom Creek Waterway, Bellingham, Washington. 

Sec. 3110. Lower Mud River, Milton, West Virginia. 

Sec. 3111. McDowell County, West Virginia. 

Sec. 3112. Green Bay Harbor project, Green Bay, Wisconsin. 

Sec. 3113. Underwood Creek diversion facility project, Milwaukee County, Wisconsin. 

Sec. 3114. Oconto Harbor, Wisconsin. 

Sec. 3115. Mississippi River headwaters reservoirs. 

Sec. 3116. Lower Mississippi River Museum and Riverfront Interpretive Site. 

Sec. 3117. Upper Mississippi River system environmental management program. 

Sec. 3118. Upper basin of Missouri River. 

Sec. 3119. Great Lakes fishery and ecosystem restoration program. 

Sec. 3120. Great Lakes remedial action plans and sediment remediation. 

Sec. 3121. Great Lakes tributary models. 


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Sec. 3122. Upper Ohio River and tributaries navigation system new technology 

pilot program. 

TITLE IV—STUDIES 

Sec. 4001. Eurasian milfoil. 

Sec. 4002. McClellan-Kerr Arkansas River Navigation Channel. 

Sec. 4003. Los Angeles River revitalization study, California. 

Sec. 4004. Nicholas Canyon, Los Angeles, California. 

Sec. 4005. Oceanside, California, shoreline special study. 

Sec. 4006. Comprehensive flood protection project, St. Helena, California. 

Sec. 4007. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island, California. 

Sec. 4008. South San Francisco Bay shoreline study, California. 

Sec. 4009. San Pablo Bay Watershed restoration, California. 

Sec. 4010. Fountain Creek, North of Pueblo, Colorado. 

Sec. 4011. Selenium study, Colorado. 

Sec. 4012. Promontory Point third-party review, Chicago shoreline, Chicago, Illinois. 

Sec. 4013. Vidalia Port, Louisiana. 

Sec. 4014. Lake Erie at Luna Pier, Michigan. 

Sec. 4015. Middle Bass Island State Park, Middle Bass Island, Ohio. 

Sec. 4016. Jasper County port facility study, South Carolina. 

Sec. 4017. Johnson Creek, Arlington, Texas. 

Sec. 4018. 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. St. Mary Project, Blackfeet Reservation, Montana. 

Sec. 5010. Lower Platte River watershed restoration, Nebraska. 

Sec. 5011. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial wildlife habitat restoration, South Dakota. 

Sec. 5012. 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. Inland Waterway from Delaware River to Chesapeake Bay, Part II, 

installation of fender protection for bridges, Delaware and 

Maryland. 


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Sec. 6006. Shingle Creek Basin, Florida. 

Sec. 6007. Brevoort, Indiana. 

Sec. 6008. Middle Wabash, Greenfield Bayou, Indiana. 

Sec. 6009. Lake George, Hobart, Indiana. 

Sec. 6010. Green Bay Levee and Drainage District No. 2, Iowa. 

Sec. 6011. Muscatine Harbor, Iowa. 

Sec. 6012. Big South Fork National River and recreational area, Kentucky and 

Tennessee. 

Sec. 6013. Eagle Creek Lake, Kentucky. 

Sec. 6014. Hazard, Kentucky. 

Sec. 6015. West Kentucky Tributaries, Kentucky. 

Sec. 6016. Bayou Cocodrie and Tributaries, Louisiana. 

Sec. 6017. Bayou LaFourche and LaFourche Jump, Louisiana. 

Sec. 6018. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana. 

Sec. 6019. Fort Livingston, Grand Terre Island, Louisiana. 

Sec. 6020. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana. 

Sec. 6021. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas. 

Sec. 6022. Casco Bay, Portland, Maine. 

Sec. 6023. Northeast Harbor, Maine. 

Sec. 6024. Penobscot River, Bangor, Maine. 

Sec. 6025. Saint John River Basin, Maine. 

Sec. 6026. Tenants Harbor, Maine. 

Sec. 6027. Grand Haven Harbor, Michigan. 

Sec. 6028. Greenville Harbor, Mississippi. 

Sec. 6029. Platte River flood and related streambank erosion control, Nebraska. 

Sec. 6030. Epping, New Hampshire. 

Sec. 6031. New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey. 

Sec. 6032. Eisenhower and Snell Locks, New York. 

Sec. 6033. Olcott Harbor, Lake Ontario, New York. 

Sec. 6034. Outer Harbor, Buffalo, New York. 

Sec. 6035. Sugar Creek Basin, North Carolina and South Carolina. 

Sec. 6036. Cleveland Harbor 1958 Act, Ohio. 

Sec. 6037. Cleveland Harbor 1960 Act, Ohio. 

Sec. 6038. Cleveland Harbor, uncompleted portion of Cut #4, Ohio. 

Sec. 6039. Columbia River, Seafarers Memorial, Hammond, Oregon. 

Sec. 6040. Tioga-Hammond Lakes, Pennsylvania. 

Sec. 6041. Tamaqua, Pennsylvania. 

Sec. 6042. Narragansett Town Beach, Narragansett, Rhode Island. 

Sec. 6043. Quonset Point-Davisville, Rhode Island. 

Sec. 6044. Arroyo Colorado, Texas. 

Sec. 6045. Cypress Creek-Structural, Texas. 

Sec. 6046. East Fork Channel Improvement, Increment 2, East Fork of the 

Trinity River, Texas. 

Sec. 6047. Falfurrias, Texas. 

Sec. 6048. Pecan Bayou Lake, Texas. 

Sec. 6049. Lake of the Pines, Texas. 

Sec. 6050. Tennessee Colony Lake, Texas. 

Sec. 6051. City Waterway, Tacoma, Washington. 

Sec. 6052. Kanawha River, Charleston, West Virginia. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary 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 

9 for water resources development and conservation and 

10 other purposes are authorized to be carried out by the Sec11 retary substantially in accordance with the plans, and sub12 ject to the conditions, described in the respective reports 

13 designated 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 esti18 mated Federal cost of $10,960,000 and an esti19 mated non-Federal cost of $2,740,000. 

20 (2) TANQUE VERDE CREEK, ARIZONA.—The 

21 project for ecosystem restoration, Tanque Verde 

22 Creek, Arizona: Report of the Chief of Engineers 

23 dated July 22, 2003, at a total cost of $5,706,000, 

24 with an estimated Federal cost of $3,706,000 and 

25 an estimated non-Federal cost of $2,000,000. 


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1 (3) SALT RIVER (VA SHLYAY AKIMEL), MARI2 COPA COUNTY, ARIZONA.— 

3 (A) IN GENERAL.—The project for eco4 system restoration, Salt River (Va Shlyay 

5 Akimel), Arizona: Report of the Chief of Engi6 neers dated January 3, 2005, at a total cost of 

7 $156,700,000, with an estimated Federal cost 

8 of $101,600,000 and an estimated non-Federal 

9 cost of $55,100,000. 

10 (B) COORDINATION WITH FEDERAL REC11 LAMATION PROJECTS.—The Secretary, to the 

12 maximum extent practicable, shall coordinate 

13 the development and construction of the project 

14 described in subparagraph (A) with each Fed15 eral reclamation project located in the Salt 

16 River Basin to address statutory requirements 

17 and the operations of those projects. 

18 (4) HAMILTON CITY, CALIFORNIA.—The project 

19 for flood damage reduction and ecosystem restora20 tion, Hamilton City, California: Report of the Chief 

21 of Engineers dated December 22, 2004, at a total 

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

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

24 $17,600,000. 


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1 (5) IMPERIAL BEACH, CALIFORNIA.—The 

2 project for storm damage reduction, Imperial Beach, 

3 California: Report of the Chief of Engineers dated 

4 December 30, 2003, at a total cost of $13,300,000, 

5 with an estimated Federal cost of $8,500,000 and 

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

7 an estimated total cost of $41,100,000 for periodic 

8 beach nourishment over the 50-year life of the 

9 project, with an estimated Federal cost of 

10 $20,550,000 and an estimated non-Federal cost of 

11 $20,550,000. 

12 (6) MATILIJA DAM, VENTURA COUNTY, CALI13 FORNIA.—The project for ecosystem restoration, 

14 Matilija Dam and Ventura River Watershed, Ven15 tura County, California: Report of the Chief of En16 gineers dated December 20, 2004, at a total cost of 

17 $139,600,000, with an estimated Federal cost of 

18 $86,700,000 and an estimated non-Federal cost of 

19 $52,900,000. 

20 (7) MIDDLE CREEK, LAKE COUNTY, CALI21 FORNIA.—The project for flood damage reduction 

22 and ecosystem restoration, Middle Creek, Lake 

23 County, California: Report of the Chief of Engineers 

24 dated November 29, 2004, at a total cost of 

25 $43,630,000, with an estimated Federal cost of 


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1 $28,460,000 and an estimated non-Federal cost of 

2 $15,170,000. 

3 (8) NAPA RIVER SALT MARSH, CALIFORNIA.— 

4 (A) IN GENERAL.—The project for eco5 system restoration, Napa River Salt Marsh, 

6 California: Report of the Chief of Engineers 

7 dated December 22, 2004, at a total cost of 

8 $103,012,000, with an estimated Federal cost 

9 of $65,600,000 and an estimated non-Federal 

10 cost of $37,412,000. 

11 (B) ADMINISTRATION.—In carrying out 

12 the project authorized by this paragraph, the 

13 Secretary shall— 

14 (i) construct a recycled water pipeline 

15 extending from the Sonoma Valley County 

16 Sanitation District Waste Water Treat17 ment Plant and the Napa Sanitation Dis18 trict Waste Water Treatment Plant to the 

19 project; and 

20 (ii) restore or enhance Salt Ponds 1, 

21 1A, 2, and 3. 

22 (9) SOUTH PLATTE RIVER, DENVER, COLO23 RADO.—The project for ecosystem restoration, Den24 ver County Reach, South Platte River, Denver, Colo25 rado: Report of the Chief of Engineers dated May 


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1 16, 2003, at a total cost of $21,050,000, with an es2 timated Federal cost of $13,680,000 and an esti3 mated non-Federal cost of $7,370,000. 

4 (10) INDIAN RIVER LAGOON, SOUTH FLOR5 IDA.— 

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 

11 estimated first Federal cost of $682,500,000 

12 and an estimated first non-Federal cost of 

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

14 of the Water Resources Development Act of 

15 2000 (114 Stat. 2680) and the recommenda16 tions of the report of the Chief of Engineers 

17 dated August 6, 2004. 

18 (B) DEAUTHORIZATIONS.—As of the date 

19 of enactment of this Act, the following projects 

20 are not authorized: 

21 (i) The uncompleted portions of the 

22 project authorized by section 

23 601(b)(2)(C)(i) of the Water Resources 

24 Development Act of 2000 (114 Stat. 

25 2682), C–44 Basin Storage Reservoir of 


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1 the Comprehensive Everglades Restoration 

2 Plan, at a total cost of $147,800,000, with 

3 an estimated Federal cost of $73,900,000 

4 and an estimated non-Federal cost of 

5 $73,900,000. 

6 (ii) The uncompleted portions of the 

7 project authorized by section 203 of the 

8 Flood Control Act of 1968 (Public Law 

9 90–483; 82 Stat. 740), Martin County, 

10 Florida, modifications to Central and 

11 South Florida Project, as contained in 

12 Senate Document 101, 90th Congress, 2d 

13 Session, at a total cost of $15,471,000, 

14 with an estimated Federal cost of 

15 $8,073,000 and an estimated non-Federal 

16 cost of $7,398,000. 

17 (iii) The uncompleted portions of the 

18 project authorized by section 203 of the 

19 Flood Control Act of 1968 (Public Law 

20 90–483; 82 Stat. 740), East Coast 

21 Backpumping, St. Lucie–Martin County, 

22 Spillway Structure S–311 of the Central 

23 and South Florida Project, as contained in 

24 House Document 369, 90th Congress, 2d 

25 Session, at a total cost of $77,118,000, 


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1 with an estimated Federal cost of 

2 $55,124,000 and an estimated non-Federal 

3 cost of $21,994,000. 

4 (11) MIAMI HARBOR, MIAMI, FLORIDA.—The 

5 project for navigation, Miami Harbor, Miami, Flor6 ida: Report of the Chief of Engineers dated April 

7 25, 2005, at a total cost of $125,270,000, with an 

8 estimated Federal cost of $75,140,000 and an esti9 mated non-Federal cost of $50,130,000. 

10 (12) PICAYUNE STRAND, FLORIDA.—The 

11 project for ecosystem restoration, Picayune Strand, 

12 Florida: Report of the Chief of Engineers dated Sep13 tember 15, 2005, at a total cost of $362,260,000 

14 with an estimated Federal cost of $181,130,000 and 

15 an estimated non-Federal cost of $181,130,000. 

16 (13) EAST ST. LOUIS AND VICINITY, ILLI17 NOIS.—The project for ecosystem restoration and 

18 recreation, East St. Louis and Vicinity, Illinois: Re19 port of the Chief of Engineers dated December 22, 

20 2004, at a total cost of $201,600,000, with an esti21 mated Federal cost of $130,600,000 and an esti22 mated non-Federal cost of $71,000,000. 

23 (14) PEORIA RIVERFRONT, ILLINOIS.—The 

24 project for ecosystem restoration, Peoria Riverfront, 

25 Illinois: Report of the Chief of Engineers dated July 


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1 28, 2003, at a total cost of $17,760,000, with an es2 timated Federal cost of $11,540,000 and an esti3 mated non-Federal cost of $6,220,000. 

4 (15) WOOD RIVER LEVEE SYSTEM, ILLINOIS.— 

5 The project for flood damage reduction, Wood River, 

6 Illinois: Report of the Chief of Engineers dated July 

7 18, 2006, at a total cost of $16,730,000, with an es8 timated Federal cost of $10,900,000 and an esti9 mated non-Federal cost of $5,830,000. 

10 (16) DES MOINES AND RACCOON RIVERS, DES

11 MOINES, IOWA.—The project for flood damage re12 duction, Des Moines and Raccoon Rivers, Des 

13 Moines, Iowa: Report of the Chief of Engineers 

14 dated March 28, 2006, at a total cost of 

15 $10,500,000, with an estimated Federal cost of 

16 $6,800,000 and an estimated non-Federal cost of 

17 $3,700,000. 

18 (17) LICKING RIVER, CYNTHIANA, KEN19 TUCKY.—The project for flood damage reduction, 

20 Licking River, Cynthiana, Kentucky: Report of the 

21 Chief of Engineers dated October 24, 2006, at a 

22 total cost of $17,800,000, with an estimated Federal 

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

24 cost of $6,230,000. 


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

2 project for navigation, Bayou Sorrel Lock, Lou3 isiana: Report of the Chief of Engineers dated Janu4 ary 3, 2005, at a total cost of $9,500,000. The costs 

of construction of the project are to be paid 1 5 ⁄2 from 

6 amounts appropriated from the general fund of the 

Treasury and 1 7 ⁄2 from amounts appropriated from 

8 the Inland Waterways Trust Fund. 

9 (19) MORGANZA TO THE GULF OF MEXICO, 

10 LOUISIANA.— 

11 (A) IN GENERAL.—The project for hurri12 cane and storm damage reduction, Morganza to 

13 the Gulf of Mexico, Louisiana: Reports of the 

14 Chief of Engineers dated August 23, 2002, and 

15 July 22, 2003, at a total cost of $841,100,000 

16 with an estimated Federal cost of $546,300,000 

17 and an estimated non-Federal cost of 

18 $294,800,000. 

19 (B) OPERATION AND MAINTENANCE.—The 

20 operation, maintenance, repair, rehabilitation, 

21 and replacement of the Houma Navigation 

22 Canal lock complex and the Gulf Intracoastal 

23 Waterway floodgate features that provide for 

24 inland waterway transportation shall be a Fed25 eral responsibility, in accordance with section 


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1 102 of the Water Resources Development Act 

2 of 1986 (33 U.S.C. 2212; Public Law 99–662). 

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

4 for navigation, Port of Iberia, Louisiana: Report of 

5 the Chief of Engineers dated December 31, 2006, at 

6 a total cost of $204,600,000, with an estimated Fed7 eral cost of $129,700,000 and an estimated non8 Federal cost of $74,900,000, except that the Sec9 retary, in consultation with Vermillion and Iberia 

10 Parishes, Louisiana, is directed to use available 

11 dredged material and rock placement on the south 

12 bank of the Gulf Intracoastal Waterway and the 

13 west bank of the Freshwater Bayou Channel to pro14 vide incidental storm surge protection. 

15 (21) POPLAR ISLAND EXPANSION, MARY16 LAND.—The project for the beneficial use of dredged 

17 material at Poplar Island, Maryland, authorized by 

18 section 537 of the Water Resources Development 

19 Act of 1996 (110 Stat. 3776), and modified by sec20 tion 318 of the Water Resources Development Act 

21 of 2000 (114 Stat. 2678), is further modified to au22 thorize the Secretary to construct the expansion of 

23 the project in accordance with the Report of the 

24 Chief of Engineers dated March 31, 2006, at an ad25 ditional total cost of $256,100,000, with an estiVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 mated Federal cost of $192,100,000 and an esti2 mated non-Federal cost of $64,000,000. 

3 (22) SMITH ISLAND, MARYLAND.—The project 

4 for ecosystem restoration, Smith Island, Maryland: 

5 Report of the Chief of Engineers dated October 29, 

6 2001, at a total cost of $14,500,000, with an esti7 mated Federal cost of $9,425,000 and an estimated 

8 non-Federal cost of $5,075,000. 

9 (23) SWOPE PARK INDUSTRIAL AREA, MIS10 SOURI.—The project for flood damage reduction, 

11 Swope Park Industrial Area, Missouri: Report of the 

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

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

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

15 cost of $5,910,000. 

16 (24) HUDSON-RARITAN ESTUARY, LIBERTY

17 STATE PARK, NEW JERSEY.—The project for eco18 system restoration, Hudson-Raritan Estuary, Lib19 erty State Park, New Jersey: Report of the Chief of 

20 Engineers dated August 25, 2006, at a total cost of 

21 $33,050,000, with an estimated Federal cost of 

22 $21,480,000 and an estimated non-Federal cost of 

23 $11,570,000. 

24 (25) MANASQUAN TO BARNEGAT INLETS, NEW

25 JERSEY.—The project for hurricane and storm damVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 age reduction, Manasquan to Barnegat Inlets, New 

2 Jersey: Report of the Chief of Engineers dated De3 cember 30, 2003, at a total cost of $70,340,000, 

4 with an estimated Federal cost of $45,720,000 and 

5 an estimated non-Federal cost of $24,620,000, and 

6 at an estimated total cost of $117,100,000 for peri7 odic beach nourishment over the 50-year life of the 

8 project, with an estimated Federal cost of 

9 $58,550,000 and an estimated non-Federal cost of 

10 $58,550,000. 

11 (26) RARITAN BAY AND SANDY HOOK BAY, 

12 UNION BEACH, NEW JERSEY.—The project for hurri13 cane and storm damage reduction, Raritan Bay and 

14 Sandy Hook Bay, Union Beach, New Jersey: Report 

15 of the Chief of Engineers dated January 4, 2006, at 

16 a total cost of $112,640,000, with an estimated Fed17 eral cost of $73,220,600 and an estimated non-Fed18 eral cost of $39,420,000, and at an estimated total 

19 cost of $6,400,000 for periodic nourishment over the 

20 50-year life of the project, with an estimated Federal 

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

22 cost of $4,100,000. 

23 (27) SOUTH RIVER, NEW JERSEY.—The project 

24 for hurricane and storm damage reduction and eco25 system restoration, South River, New Jersey: Report 


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1 of the Chief of Engineers dated July 22, 2003, at 

2 a total cost of $120,810,000, with an estimated Fed3 eral cost of $78,530,000 and an estimated non-Fed4 eral cost of $42,280,000. 

5 (28) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

6 MEXICO.—The project for flood damage reduction, 

7 Southwest Valley, Albuquerque, New Mexico: Report 

8 of the Chief of Engineers dated November 29, 2004, 

9 at a total cost of $24,000,000, with an estimated 

10 Federal cost of $15,600,000 and an estimated non11 Federal cost of $8,400,000. 

12 (29) MONTAUK POINT, NEW YORK.—The 

13 project for hurricane and storm damage reduction, 

14 Montauk Point, New York: Report of the Chief of 

15 Engineers dated March 31, 2006, at a total cost of 

16 $14,070,000, with an estimated Federal cost of 

17 $7,035,000 and an estimated non-Federal cost of 

18 $7,035,000. 

19 (30) HOCKING RIVER BASIN, MONDAY CREEK, 

20 OHIO.—The project for ecosystem restoration, Hock21 ing River Basin, Monday Creek, Ohio: Report of the 

22 Chief of Engineers dated August 24, 2006, at a 

23 total cost of $18,730,000, with an estimated Federal 

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

25 cost of $6,560,000. 


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1 (31) BLOOMSBURG, PENNSYLVANIA.—The 

2 project for flood damage reduction, Bloomsburg, 

3 Pennsylvania: Report of the Chief of Engineers 

4 dated January 25, 2006, at a total cost of 

5 $43,300,000, with an estimated Federal cost of 

6 $28,150,000 and an estimated non-Federal cost of 

7 $15,150,000. 

8 (32) PAWLEYS ISLAND, SOUTH CAROLINA.— 

9 The project for hurricane and storm damage reduc10 tion, Pawleys Island, South Carolina: Report of the 

11 Chief of Engineers dated December 19, 2006, at a 

12 total cost of $8,980,000, with an estimated Federal 

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

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

15 of $21,200,000 for periodic nourishment over the 

16 50-year life of the project, with an estimated Federal 

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

18 cost of $13,568,000. 

19 (33) CORPUS CHRISTI SHIP CHANNEL, CORPUS

20 CHRISTI, TEXAS.— 

21 (A) IN GENERAL.—The project for naviga22 tion and ecosystem restoration, Corpus Christi 

23 Ship Channel, Texas, Channel Improvement 

24 Project: Report of the Chief of Engineers dated 

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


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

2 and an estimated non-Federal cost of 

3 $100,300,000. 

4 (B) NAVIGATIONAL SERVITUDE.—In car5 rying out the project under subparagraph (A), 

6 the Secretary shall enforce navigational ser7 vitude in the Corpus Christi Ship Channel, in8 cluding, at the sole expense of the owner of the 

9 facility, the removal or relocation of any facility 

10 obstructing the project. 

11 (34) GULF INTRACOASTAL WATERWAY, BRAZOS

12 RIVER TO PORT O’CONNOR, MATAGORDA BAY RE13 ROUTE, TEXAS.—The project for navigation, Gulf 

14 Intracoastal Waterway, Brazos River to Port O’Con15 nor, Matagorda Bay Re-Route, Texas: Report of the 

16 Chief of Engineers dated December 24, 2002, at a 

17 total cost of $17,280,000. The costs of construction 

of the project are to be paid 1 18 ⁄2 from amounts appro19 priated from the general fund of the Treasury and 

1 20 ⁄2 from amounts appropriated from the Inland Wa21 terways Trust Fund. 

22 (35) GULF INTRACOASTAL WATERWAY, HIGH

23 ISLAND TO BRAZOS RIVER, TEXAS.—The project for 

24 navigation, Gulf Intracoastal Waterway, Sabine 

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


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

2 of $14,450,000. The costs of construction of the 

project are to be paid 1 3 ⁄2 from amounts appropriated 

from the general fund of the Treasury and 1 4 ⁄2 from 

5 amounts appropriated from the Inland Waterways 

6 Trust Fund. 

7 (36) RIVERSIDE OXBOW, FORT WORTH, 

8 TEXAS.—The project for ecosystem restoration, Riv9 erside Oxbow, Fort Worth, Texas: Report of the 

10 Chief of Engineers dated May 29, 2003, at a total 

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

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

13 of $16,010,000. 

14 (37) CRANEY ISLAND EASTWARD EXPANSION, 

15 VIRGINIA.—The project for navigation, Craney Is16 land Eastward Expansion, Virginia: Report of the 

17 Chief of Engineers dated October 24, 2006, at a 

18 total cost of $671,340,000, with an estimated Fed19 eral cost of $26,220,000 and an estimated non-Fed20 eral cost of $645,120,000. 

21 (38) DEEP CREEK, CHESAPEAKE, VIRGINIA.— 

22 The project for the Atlantic Intracoastal Waterway 

23 Bridge Replacement, Deep Creek, Chesapeake, Vir24 ginia: Report of the Chief of Engineers dated March 

25 3, 2003, at a total cost of $37,200,000. 


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1 (39) CHEHALIS RIVER, CENTRALIA, WASH2 INGTON.—The project for flood damage reduction, 

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

4 of the Water Resources Development Act of 1986 

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

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

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

8 $73,220,000, and a non-Federal cost of 

9 $47,880,000; and 

10 (B) shall be carried out by the Secretary 

11 substantially in accordance with the plans, and 

12 subject to the conditions, recommended in the 

13 final report of the Chief of Engineers dated 

14 September 27, 2004. 

15 (b) PROJECT SUBJECT TO FINAL REPORT.—The 

16 Secretary shall carry out the project for ecosystem restora17 tion, Jamaica Bay, Queens and Brooklyn, New York, at 

18 a total estimated cost of $204,159,000, with an estimated 

19 Federal cost of $132,703,000 and an estimated non-Fed20 eral cost of $71,456,000, substantially in accordance with 

21 the plans, and subject to the conditions, recommended in 

22 a final report of the Chief of Engineers if a favorable re23 port of the Chief is completed not later than December 

24 31, 2006. 


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1 SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVE2 MENTS AND ECOSYSTEM RESTORATION PLAN 

3 FOR UPPER MISSISSIPPI RIVER AND ILLI4 NOIS WATERWAY SYSTEM. 

5 (a) DEFINITIONS.—In this section: 

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

7 for navigation and ecosystem improvements for the 

8 Upper Mississippi River and Illinois Waterway Sys9 tem: Report of the Chief of Engineers dated Decem10 ber 15, 2004. 

11 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

12 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

13 River and Illinois Waterway System’’ means the 

14 projects for navigation and ecosystem restoration au15 thorized by Congress for— 

16 (A) the segment of the Mississippi River 

17 from the confluence with the Ohio River, River 

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

19 Minneapolis-St. Paul, Minnesota, River Mile 

20 854.0; and 

21 (B) the Illinois Waterway from its con22 fluence with the Mississippi River at Grafton, 

23 Illinois, River Mile 0.0, to T.J. O’Brien Lock in 

24 Chicago, Illinois, River Mile 327.0. 

25 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA26 TION IMPROVEMENTS.— 


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1 (1) SMALL SCALE AND NONSTRUCTURAL MEAS2 URES.— 

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

4 general conformance with the Plan— 

5 (i) construct mooring facilities at 

6 Locks 12, 14, 18, 20, 22, 24, and La7 Grange Lock; 

8 (ii) provide switchboats at Locks 20 

9 through 25; and 

10 (iii) conduct development and testing 

11 of an appointment scheduling system. 

12 (B) AUTHORIZATION OF APPROPRIA13 TIONS.—The total cost of the projects author14 ized under this paragraph shall be 

15 $246,000,000. The costs of construction of the 

projects shall be paid 1 16 ⁄2 from amounts appro17 priated from the general fund of the Treasury 

and 1 18 ⁄2 from amounts appropriated from the In19 land Waterways Trust Fund. Such sums shall 

20 remain available until expended. 

21 (2) NEW LOCKS.— 

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

23 general conformance with the Plan, construct 

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

25 and 25 on the Upper Mississippi River and at 


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1 LaGrange Lock and Peoria Lock on the Illinois 

2 Waterway. 

3 (B) MITIGATION.—The Secretary shall 

4 conduct mitigation for the new locks and small 

5 scale and nonstructural measures authorized 

6 under paragraphs (1) and (2). 

7 (C) CONCURRENCE.—The mitigation re8 quired under subparagraph (B) for the projects 

9 authorized under paragraphs (1) and (2), in10 cluding any acquisition of lands or interests in 

11 lands, shall be undertaken or acquired concur12 rently with lands and interests for the projects 

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

14 physical construction required for the purposes 

15 of mitigation shall be undertaken concurrently 

16 with the physical construction of such projects. 

17 (D) AUTHORIZATION OF APPROPRIA18 TIONS.—The total cost of the projects author19 ized under this paragraph shall be 

20 $1,870,000,000. The costs of construction on 

the projects shall be paid 1 21 ⁄2 from amounts ap22 propriated from the general fund of the Treasury and 1 23 ⁄2 from amounts appropriated from 

24 the Inland Waterways Trust Fund. Such sums 

25 shall remain available until expended. 


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1 (c) ECOSYSTEM RESTORATION AUTHORIZATION.— 

2 (1) OPERATION.—To ensure the environmental 

3 sustainability of the existing Upper Mississippi River 

4 and Illinois Waterway System, the Secretary shall 

5 modify, consistent with requirements to avoid ad6 verse effects on navigation, the operation of the 

7 Upper Mississippi River and Illinois Waterway Sys8 tem to address the cumulative environmental im9 pacts of operation of the system and improve the ec10 ological integrity of the Upper Mississippi River and 

11 Illinois River. 

12 (2) ECOSYSTEM RESTORATION PROJECTS.— 

13 (A) IN GENERAL.—The Secretary shall 

14 carry out, consistent with requirements to avoid 

15 adverse effects on navigation, ecosystem res16 toration projects to attain and maintain the 

17 sustainability of the ecosystem of the Upper 

18 Mississippi River and Illinois River in accord19 ance with the general framework outlined in the 

20 Plan. 

21 (B) PROJECTS INCLUDED.—Ecosystem 

22 restoration projects may include, but are not 

23 limited to— 

24 (i) island building; 

25 (ii) construction of fish passages; 


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1 (iii) floodplain restoration; 

2 (iv) water level management (includ3 ing water drawdown); 

4 (v) backwater restoration; 

5 (vi) side channel restoration; 

6 (vii) wing dam and dike restoration 

7 and modification; 

8 (viii) island and shoreline protection; 

9 (ix) topographical diversity; 

10 (x) dam point control; 

11 (xi) use of dredged material for envi12 ronmental purposes; 

13 (xii) tributary confluence restoration; 

14 (xiii) spillway, dam, and levee modi15 fication to benefit the environment; 

16 (xiv) land easement authority; and 

17 (xv) land acquisition. 

18 (C) COST SHARING.— 

19 (i) IN GENERAL.—Except as provided 

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

21 of the cost of carrying out an ecosystem 

22 restoration project under this paragraph 

23 shall be 65 percent. 

24 (ii) EXCEPTION FOR CERTAIN RES25 TORATION PROJECTS.—In the case of a 


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1 project under this subparagraph for eco2 system restoration, the Federal share of 

3 the cost of carrying out the project shall be 

4 100 percent if the project— 

5 (I) is located below the ordinary 

6 high water mark or in a connected 

7 backwater; 

8 (II) modifies the operation or 

9 structures for navigation; or 

10 (III) is located on federally 

11 owned land. 

12 (iii) SAVINGS CLAUSE.—Nothing in 

13 this paragraph affects the applicability of 

14 section 906(e) of the Water Resources De15 velopment Act of 1986 (33 U.S.C. 2283). 

16 (iv) NONGOVERNMENTAL ORGANIZA17 TIONS.—Notwithstanding section 221(b) of 

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

19 1962d–5(b)), for any project carried out 

20 under this section, a non-Federal sponsor 

21 may include a nonprofit entity, with the 

22 consent of the affected local government. 

23 (D) LAND ACQUISITION.—The Secretary 

24 may acquire land or an interest in land for an 


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1 ecosystem restoration project from a willing 

2 owner through conveyance of— 

3 (i) fee title to the land; or 

4 (ii) a flood plain conservation ease5 ment. 

6 (3) ECOSYSTEM RESTORATION

7 PRECONSTRUCTION ENGINEERING AND DESIGN.— 

8 (A) RESTORATION DESIGN.—Before initi9 ating the construction of any individual eco10 system restoration project, the Secretary 

11 shall— 

12 (i) establish ecosystem restoration 

13 goals and identify specific performance 

14 measures designed to demonstrate eco15 system restoration; 

16 (ii) establish the without-project con17 dition or baseline for each performance in18 dicator; and 

19 (iii) for each separable element of the 

20 ecosystem restoration, identify specific tar21 get goals for each performance indicator. 

22 (B) OUTCOMES.—Performance measures 

23 identified under subparagraph (A)(i) should 

24 comprise specific measurable environmental out25 comes, such as changes in water quality, hyVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 drology, or the well-being of indicator species 

2 the population and distribution of which are 

3 representative of the abundance and diversity of 

4 ecosystem-dependent aquatic and terrestrial 

5 species. 

6 (C) RESTORATION DESIGN.—Restoration 

7 design carried out as part of ecosystem restora8 tion shall include a monitoring plan for the per9 formance measures identified under subpara10 graph (A)(i), including— 

11 (i) a timeline to achieve the identified 

12 target goals; and 

13 (ii) a timeline for the demonstration 

14 of project completion. 

15 (4) SPECIFIC PROJECTS AUTHORIZATION.— 

16 (A) IN GENERAL.—There is authorized to 

17 be appropriated to carry out this subsection 

18 $1,650,000,000, of which not more than 

19 $226,000,000 shall be available for projects de20 scribed in paragraph (2)(B)(ii) and not more 

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

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

23 shall remain available until expended. 

24 (B) LIMITATION ON AVAILABLE FUNDS.— 

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1 graph (A), not more than $35,000,000 for each 

2 fiscal year shall be available for land acquisition 

3 under paragraph (2)(D). 

4 (C) INDIVIDUAL PROJECT LIMIT.—Other 

5 than for projects described in clauses (ii) and 

6 (x) of paragraph (2)(B), the total cost of any 

7 single project carried out under this subsection 

8 shall not exceed $25,000,000. 

9 (5) IMPLEMENTATION REPORTS.— 

10 (A) IN GENERAL.—Not later than June 

11 30, 2008, and every 5 years thereafter, the Sec12 retary shall submit to the Committee on Envi13 ronment and Public Works of the Senate and 

14 the Committee on Transportation and Infra15 structure of the House of Representatives an 

16 implementation report that— 

17 (i) includes baselines, milestones, 

18 goals, and priorities for ecosystem restora19 tion projects; and 

20 (ii) measures the progress in meeting 

21 the goals. 

22 (B) ADVISORY PANEL.— 

23 (i) IN GENERAL.—The Secretary shall 

24 appoint and convene an advisory panel to 

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1 opment of each implementation report 

2 under subparagraph (A). 

3 (ii) PANEL MEMBERS.—Panel mem4 bers shall include— 

5 (I) 1 representative of each of 

6 the State resource agencies (or a des7 ignee of the Governor of the State) 

8 from each of the States of Illinois, 

9 Iowa, Minnesota, Missouri, and Wis10 consin; 

11 (II) 1 representative of the De12 partment of Agriculture; 

13 (III) 1 representative of the De14 partment of Transportation; 

15 (IV) 1 representative of the 

16 United States Geological Survey; 

17 (V) 1 representative of the 

18 United States Fish and Wildlife Serv19 ice; 

20 (VI) 1 representative of the Envi21 ronmental Protection Agency; 

22 (VII) 1 representative of affected 

23 landowners; 


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1 (VIII) 2 representatives of con2 servation and environmental advocacy 

3 groups; and 

4 (IX) 2 representatives of agri5 culture and industry advocacy groups. 

6 (iii) CHAIRPERSON.—The Secretary 

7 shall serve as chairperson of the advisory 

8 panel. 

9 (iv) NONAPPLICABILITY OF FACA.— 

10 The Federal Advisory Committee Act (5 

11 U.S.C. App.) shall not apply to the Advi12 sory Panel or any working group estab13 lished by the Advisory Panel. 

14 (6) RANKING SYSTEM.— 

15 (A) IN GENERAL.—The Secretary, in con16 sultation with the Advisory Panel, shall develop 

17 a system to rank proposed projects. 

18 (B) PRIORITY.—The ranking system shall 

19 give greater weight to projects that restore nat20 ural river processes, including those projects 

21 listed in paragraph (2)(B). 

22 (d) COMPARABLE PROGRESS.— 

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

24 pre-engineering, design, and construction for 


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1 projects authorized under this section, the Secretary 

2 shall— 

3 (A) select appropriate milestones; and 

4 (B) determine, at the time of such selec5 tion, whether the projects are being carried out 

6 at comparable rates. 

7 (2) NO COMPARABLE RATE.—If the Secretary 

8 determines under paragraph (1)(B) that projects au9 thorized under this subsection are not moving to10 ward completion at a comparable rate, annual fund11 ing requests for the projects will be adjusted to en12 sure that the projects move toward completion at a 

13 comparable rate in the future. 

14 SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RES15 TORATION, LOUISIANA. 

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

17 program for ecosystem restoration, Louisiana Coastal 

18 Area, Louisiana, substantially in accordance with the re19 port of the Chief of Engineers, dated January 31, 2005. 

20 (b) PRIORITIES.— 

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

22 under subsection (a), the Secretary shall give pri23 ority to— 


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1 (A) any portion of the program identified 

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

3 critical restoration feature; 

4 (B) any Mississippi River diversion project 

5 that— 

6 (i) protects a major population area of 

7 the Pontchartain, Pearl, Breton Sound, 

8 Barataria, or Terrebonne Basin; and 

9 (ii) produces an environmental benefit 

10 to the coastal area of the State of Lou11 isiana; and 

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

13 project that— 

14 (i) is carried out in conjunction with 

15 a Mississippi River diversion project; and 

16 (ii) protects a major population area. 

17 (c) MODIFICATIONS.— 

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

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

20 make modifications as necessary to the 5 near-term 

21 critical ecosystem restoration features identified in 

22 the report referred to in subsection (a), due to the 

23 impact of Hurricanes Katrina and Rita on the 

24 project areas. 


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1 (2) INTEGRATION.—The Secretary shall ensure 

2 that the modifications under paragraph (1) are fully 

3 integrated with the analysis and design of com4 prehensive hurricane protection authorized by title I 

5 of the Energy and Water Development Appropria6 tions Act, 2006 (Public Law 109–103; 119 Stat. 

7 2247). 

8 (3) CONSTRUCTION.— 

9 (A) IN GENERAL.—The Secretary is au10 thorized to construct the projects modified 

11 under this subsection. 

12 (B) REPORTS.— 

13 (i) IN GENERAL.—Before beginning 

14 construction of the projects, the Secretary 

15 shall submit a report documenting any 

16 modifications to the 5 near-term projects, 

17 including cost changes, to the Louisiana 

18 Water Resources Council established by 

19 subsection (n)(1) (referred to in this sec20 tion as the ‘‘Council’’) for approval. 

21 (ii) SUBMISSION TO CONGRESS.—On 

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

23 Council shall submit the report to the 

24 Committee on Environment and Public 

25 Works of the Senate and the Committee on 


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1 Transportation and Infrastructure of the 

2 House of Representatives. 

3 (4) APPLICABILITY OF OTHER PROVISIONS.— 

4 Section 902 of the Water Resources Development 

5 Act of 1986 (33 U.S.C. 2280) shall not apply to the 

6 5 near-term projects authorized by this section. 

7 (d) DEMONSTRATION PROGRAM.— 

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

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

10 conduct a demonstration program within the appli11 cable project area to evaluate new technologies and 

12 the applicability of the technologies to the program. 

13 (2) COST LIMITATION.—The cost of an indi14 vidual project under this subsection shall be not 

15 more than $25,000,000. 

16 (e) BENEFICIAL USE OF DREDGED MATERIAL.— 

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

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

19 use such sums as are necessary to conduct a pro20 gram for the beneficial use of dredged material. 

21 (2) CONSIDERATION.—In carrying out the pro22 gram under subsection (a), the Secretary shall con23 sider the beneficial use of sediment from the Illinois 

24 River System for wetlands restoration in wetlands25 depleted watersheds. 


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1 (f) REPORTS.— 

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

3 2008, the Secretary shall submit to Congress feasi4 bility reports on the features included in table 3 of 

5 the report referred to in subsection (a). 

6 (2) PROJECTS IDENTIFIED IN REPORTS.— 

7 (A) IN GENERAL.—The Secretary shall 

8 submit the reports described in paragraph (1) 

9 to the Committee on Environment and Public 

10 Works of the Senate and the Committee on 

11 Transportation and Infrastructure of the House 

12 of Representatives. 

13 (B) CONSTRUCTION.—The Secretary shall 

14 be authorized to construct the projects identi15 fied in the reports at the time the Committees 

16 referred to in subparagraph (A) each adopt a 

17 resolution approving the project. 

18 (g) NONGOVERNMENTAL ORGANIZATIONS.—A non19 governmental organization shall be eligible to contribute 

20 all or a portion of the non-Federal share of the cost of 

21 a project under this section. 

22 (h) COMPREHENSIVE PLAN.— 

23 (1) IN GENERAL.—The Secretary, in coordina24 tion with the Governor of the State of Louisiana, 

25 shall— 


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1 (A) develop a plan for protecting, pre2 serving, and restoring the coastal Louisiana 

3 ecosystem; 

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

5 enactment of this Act, and every 5 years there6 after, submit to Congress the plan, or an up7 date of the plan; and 

8 (C) ensure that the plan is fully integrated 

9 with the analysis and design of comprehensive 

10 hurricane protection authorized by title I of the 

11 Energy and Water Development Appropriations 

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

13 2247). 

14 (2) INCLUSIONS.—The comprehensive plan 

15 shall include a description of— 

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

17 that provides for the comprehensive protection, 

18 conservation, and restoration of the wetlands, 

19 estuaries (including the Barataria-Terrebonne 

20 estuary), barrier islands, shorelines, and related 

21 land and features of the coastal Louisiana eco22 system, including protection of a critical re23 source, habitat, or infrastructure from the ef24 fects of a coastal storm, a hurricane, erosion, or 

25 subsidence; 


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

2 or an improved technique, can be integrated 

3 into the program under subsection (a); 

4 (C) the role of other Federal agencies and 

5 programs in carrying out the program under 

6 subsection (a); and 

7 (D) specific, measurable ecological success 

8 criteria by which success of the comprehensive 

9 plan shall be measured. 

10 (3) CONSIDERATION.—In developing the com11 prehensive plan, the Secretary shall consider the ad12 visability of integrating into the program under sub13 section (a)— 

14 (A) a related Federal or State project car15 ried out on the date on which the plan is devel16 oped; 

17 (B) an activity in the Louisiana Coastal 

18 Area; or 

19 (C) any other project or activity identified 

20 in— 

21 (i) the Mississippi River and Tribu22 taries program; 

23 (ii) the Louisiana Coastal Wetlands 

24 Conservation Plan; 


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1 (iii) the Louisiana Coastal Zone Man2 agement Plan; or 

3 (iv) the plan of the State of Louisiana 

4 entitled ‘‘Coast 2050: Toward a Sustain5 able Coastal Louisiana’’. 

6 (i) TASK FORCE.— 

7 (1) ESTABLISHMENT.—There is established a 

8 task force to be known as the ‘‘Coastal Louisiana 

9 Ecosystem Protection and Restoration Task Force’’ 

10 (referred to in this subsection as the ‘‘Task Force’’). 

11 (2) MEMBERSHIP.—The Task Force shall con12 sist of the following members (or, in the case of the 

13 head of a Federal agency, a designee at the level of 

14 Assistant Secretary or an equivalent level): 

15 (A) The Secretary. 

16 (B) The Secretary of the Interior. 

17 (C) The Secretary of Commerce. 

18 (D) The Administrator of the Environ19 mental Protection Agency. 

20 (E) The Secretary of Agriculture. 

21 (F) The Secretary of Transportation. 

22 (G) The Secretary of Energy. 

23 (H) The Secretary of Homeland Security. 

24 (I) 3 representatives of the State of Lou25 isiana appointed by the Governor of that State. 


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1 (3) DUTIES.—The Task Force shall make rec2 ommendations to the Secretary regarding— 

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

4 projects, and activities for addressing conserva5 tion, protection, restoration, and maintenance 

6 of the coastal Louisiana ecosystem; 

7 (B) financial participation by each agency 

8 represented on the Task Force in conserving, 

9 protecting, restoring, and maintaining the 

10 coastal Louisiana ecosystem, including rec11 ommendations— 

12 (i) that identify funds from current 

13 agency missions and budgets; and 

14 (ii) for coordinating individual agency 

15 budget requests; and 

16 (C) the comprehensive plan under sub17 section (h). 

18 (4) WORKING GROUPS.—The Task Force may 

19 establish such working groups as the Task Force de20 termines to be necessary to assist the Task Force in 

21 carrying out this subsection. 

22 (5) NONAPPLICABILITY OF FACA.—The Federal 

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

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

25 Task Force. 


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1 (j) SCIENCE AND TECHNOLOGY.— 

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

3 a coastal Louisiana ecosystem science and tech4 nology program. 

5 (2) PURPOSES.—The purposes of the program 

6 established by paragraph (1) shall be— 

7 (A) to identify any uncertainty relating to 

8 the physical, chemical, geological, biological, 

9 and cultural baseline conditions in coastal Lou10 isiana; 

11 (B) to improve knowledge of the physical, 

12 chemical, geological, biological, and cultural 

13 baseline conditions in coastal Louisiana; and 

14 (C) to identify and develop technologies, 

15 models, and methods to carry out this sub16 section. 

17 (3) WORKING GROUPS.—The Secretary may es18 tablish such working groups as the Secretary deter19 mines to be necessary to assist the Secretary in car20 rying out this subsection. 

21 (4) CONTRACTS AND COOPERATIVE AGREE22 MENTS.—In carrying out this subsection, the Sec23 retary may enter into a contract or cooperative 

24 agreement with an individual or entity (including a 

25 consortium of academic institutions in Louisiana) 


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1 with scientific or engineering expertise in the res2 toration of aquatic and marine ecosystems for coast3 al restoration and enhancement through science and 

4 technology. 

5 (k) ANALYSIS OF BENEFITS.— 

6 (1) IN GENERAL.—Notwithstanding section 209 

7 of the Flood Control Act of 1970 (42 U.S.C. 1962– 

8 2) or any other provision of law, in carrying out an 

9 activity to conserve, protect, restore, or maintain the 

10 coastal Louisiana ecosystem, the Secretary may de11 termine that the environmental benefits provided by 

12 the program under this section outweigh the dis13 advantage of an activity under this section. 

14 (2) DETERMINATION OF COST-EFFECTIVE15 NESS.—If the Secretary determines that an activity 

16 under this section is cost-effective, no further eco17 nomic justification for the activity shall be required. 

18 (l) STUDIES.— 

19 (1) DEGRADATION.—Not later than 180 days 

20 after the date of enactment of this Act, the Sec21 retary, in consultation with the non-Federal interest, 

22 shall enter into a contract with the National Acad23 emy of Sciences under which the National Academy 

24 of Sciences shall carry out a study to identify— 


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1 (A) the cause of any degradation of the 

2 Louisiana Coastal Area ecosystem that occurred 

3 as a result of an activity approved by the Sec4 retary; and 

5 (B) the sources of the degradation. 

6 (2) FINANCING.—On completion, and taking 

7 into account the results, of the study conducted 

8 under paragraph (1), the Secretary, in consultation 

9 with the non-Federal interest, shall study— 

10 (A) financing alternatives for the program 

11 under subsection (a); and 

12 (B) potential reductions in the expenditure 

13 of Federal funds in emergency responses that 

14 would occur as a result of ecosystem restoration 

15 in the Louisiana Coastal Area. 

16 (m) PROJECT MODIFICATIONS.— 

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

18 with any non-Federal interest, shall review each fed19 erally-authorized water resources project in the 

20 coastal Louisiana area in existence on the date of 

21 enactment of this Act to determine whether— 

22 (A) each project is in accordance with the 

23 program under subsection (a); and 

24 (B) the project could contribute to eco25 system restoration under subsection (a) through 


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1 modification of the operations or features of the 

2 project. 

3 (2) MODIFICATIONS.—Subject to paragraphs 

4 (3) and (4), the Secretary may carry out the modi5 fications described in paragraph (1)(B). 

6 (3) PUBLIC NOTICE AND COMMENT.—Before 

7 completing the report required under paragraph (4), 

8 the Secretary shall provide an opportunity for public 

9 notice and comment. 

10 (4) REPORT.— 

11 (A) IN GENERAL.—Before modifying an 

12 operation or feature of a project under para13 graph (1)(B), the Secretary shall submit to the 

14 Committee on Environment and Public Works 

15 of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Rep17 resentatives a report describing the modifica18 tion. 

19 (B) INCLUSION.—A report under subpara20 graph (A) shall include such information relat21 ing to the timeline and cost of a modification 

22 as the Secretary determines to be relevant. 

23 (5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 

25 this subsection $10,000,000. 


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1 (n) LOUISIANA WATER RESOURCES COUNCIL.— 

2 (1) ESTABLISHMENT.—There is established 

3 within the Mississippi River Commission, a subgroup 

4 to be known as the ‘‘Louisiana Water Resources 

5 Council’’. 

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

7 are— 

8 (A) to manage and oversee each aspect of 

9 the implementation of a system-wide, com10 prehensive plan for projects of the Corps of En11 gineers (including the study, planning, engi12 neering, design, and construction of the projects 

13 or components of projects and the functions or 

14 activities of the Corps of Engineers relating to 

15 other projects) that addresses hurricane protec16 tion, flood control, ecosystem restoration, storm 

17 surge damage reduction, or navigation in the 

18 Hurricanes Katrina and Rita disaster areas in 

19 the State of Louisiana; and 

20 (B) to demonstrate and evaluate a stream21 lined approach to authorization of water re22 sources projects to be studied, designed, and 

23 constructed by the Corps of Engineers. 

24 (3) MEMBERSHIP.— 


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1 (A) IN GENERAL.—The president of the 

2 Mississippi River Commission shall appoint 

3 members of the Council, after considering rec4 ommendations of the Governor of Louisiana. 

5 (B) REQUIREMENTS.—The Council shall 

6 be composed of— 

7 (i) 2 individuals with expertise in 

8 coastal ecosystem restoration, including the 

9 interaction of saltwater and freshwater es10 tuaries; and 

11 (ii) 2 individual with expertise in geol12 ogy or civil engineering relating to hurri13 cane and flood damage reduction and navi14 gation. 

15 (C) CHAIRPERSON.—In addition to the 

16 members appointed under subparagraph (B), 

17 the Council shall be chaired by 1 of the 3 offi18 cers of the Corps of Engineers of the Mis19 sissippi River Commission. 

20 (4) DUTIES.—With respect to modifications 

21 under subsection (c), the Council shall— 

22 (A) review and approve or disapprove the 

23 reports completed by the Secretary; and 

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

25 Committee on Environment and Public Works 


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1 of the Senate and the Committee on Transpor2 tation and Infrastructure of the House of Rep3 resentatives. 

4 (5) TERMINATION.— 

5 (A) IN GENERAL.—The Council shall ter6 minate on the date that is 6 years after the 

7 date of enactment of this Act. 

8 (B) EFFECT.—Any project modification 

9 under subsection (c) that has not been approved 

10 by the Council and submitted to Congress by 

11 the date described in subparagraph (A) shall 

12 not proceed to construction before the date on 

13 which the modification is statutorily approved 

14 by Congress. 

15 (o) OTHER PROJECTS.— 

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

17 identified in the analysis and design of comprehen18 sive hurricane protection authorized by title I of the 

19 Energy and Water Development Appropriations Act, 

20 2006 (Public Law 109–103; 119 Stat. 2247), the 

21 Secretary shall submit a report describing the 

22 projects to the Committee on Environment and Pub23 lic Works of the Senate and the Committee on 

24 Transportation and Infrastructure of the House of 

25 Representatives. 


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1 (2) CONSTRUCTION.—The Secretary shall be 

2 authorized to construct the projects at the time the 

3 Committees referred to in paragraph (1) each adopt 

4 a resolution approving the project. 

5 (p) REPORT.— 

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

7 the date of enactment of this Act, the Secretary 

8 shall submit to the Committee on Environment and 

9 Public Works of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives a report evaluating the alternative 

12 means of authorizing Corps of Engineers water re13 sources projects under subsections (c)(3), (f)(2), and 

14 (o)(2). 

15 (2) INCLUSIONS.—The report shall include a 

16 description of— 

17 (A) the projects authorized and undertaken 

18 under this section; 

19 (B) the construction status of the projects; 

20 and 

21 (C) the benefits and environmental impacts 

22 of the projects. 

23 (3) EXTERNAL REVIEW.—The Secretary shall 

24 enter into a contract with the National Academy of 

25 Science to perform an external review of the demVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 onstration program under subsection (d), which shall 

2 be submitted to the Committee on Environment and 

3 Public Works of the Senate and the Committee on 

4 Transportation and Infrastructure of the House of 

5 Representatives. 

6 SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUC7 TION. 

8 The Secretary— 

9 (1) shall conduct a study for flood damage re10 duction, Cache River Basin, Grubbs, Arkansas; and 

11 (2) if the Secretary determines that the project 

12 is feasible, may carry out the project under section 

13 205 of the Flood Control Act of 1948 (33 U.S.C. 

14 701s). 

15 SEC. 1005. SMALL PROJECTS FOR NAVIGATION. 

16 The Secretary shall conduct a study for each of the 

17 following projects and, if the Secretary determines that 

18 a project is feasible, may carry out the project under sec19 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

20 577): 

21 (1) LITTLE ROCK PORT, ARKANSAS.—Project 

22 for navigation, Little Rock Port, Arkansas River, 

23 Arkansas. 


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

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

3 Michigan. 

4 (3) OUTER CHANNEL AND INNER HARBOR, ME5 NOMINEE HARBOR, MICHIGAN AND WISCONSIN.— 

6 Project for navigation, Outer Channel and Inner 

7 Harbor, Menominee Harbor, Michigan and Wis8 consin. 

9 (4) MIDDLE BASS ISLAND STATE PARK, MIDDLE

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

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

12 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

13 RESTORATION. 

14 The Secretary shall conduct a study for each of the 

15 following projects and, if the Secretary determines that 

16 a project is appropriate, may carry out the project under 

17 section 206 of the Water Resources Development Act of 

18 1996 (33 U.S.C. 2330): 

19 (1) SAN DIEGO RIVER, CALIFORNIA.—Project 

20 for aquatic ecosystem restoration, San Diego River, 

21 California, including efforts to address invasive 

22 aquatic plant species. 

23 (2) SUISON MARSH, SAN PABLO BAY, CALI24 FORNIA.—Project for aquatic ecosystem restoration, 

25 San Pablo Bay, California. 


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

2 Project for aquatic ecosystem restoration, Johnson 

3 Creek, Gresham, Oregon. 

4 (4) BLACKSTONE RIVER, RHODE ISLAND.— 

5 Project for aquatic ecosystem restoration, Black6 stone River, Rhode Island. 

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

8 Project for aquatic ecosystem restoration, College 

9 Lake, Lynchburg, Virginia. 

10 TITLE II—GENERAL PROVISIONS 

11 Subtitle A—Provisions 

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

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

14 U.S.C. 1962d–5b) is amended— 

15 (1) by striking ‘‘SEC. 221’’ and inserting the 

16 following: 

17 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

18 WATER RESOURCES PROJECTS.’’; 

19 and 

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

21 following: 

22 ‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.— 

23 ‘‘(1) IN GENERAL.—After December 31, 1970, 

24 the construction of any water resources project, or 

25 an acceptable separable element thereof, by the SecVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 retary of the Army, acting through the Chief of En2 gineers, or by a non-Federal interest where such in3 terest will be reimbursed for such construction under 

4 any provision of law, shall not be commenced until 

5 each non-Federal interest has entered into a written 

6 partnership agreement with the district engineer for 

7 the district in which the project will be carried out 

8 under which each party agrees to carry out its re9 sponsibilities and requirements for implementation 

10 or construction of the project or the appropriate ele11 ment of the project, as the case may be; except that 

12 no such agreement shall be required if the Secretary 

13 determines that the administrative costs associated 

14 with negotiating, executing, or administering the 

15 agreement would exceed the amount of the contribu16 tion required from the non-Federal interest and are 

17 less than $25,000. 

18 ‘‘(2) LIQUIDATED DAMAGES.—An agreement 

19 described in paragraph (1) may include a provision 

20 for liquidated damages in the event of a failure of 

21 1 or more parties to perform. 

22 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA23 TIONS.—In any such agreement entered into by a 

24 State, or a body politic of the State which derives 

25 its powers from the State constitution, or a governVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 mental entity created by the State legislature, the 

2 agreement may reflect that it does not obligate fu3 ture appropriations for such performance and pay4 ment when obligating future appropriations would be 

5 inconsistent with constitutional or statutory limita6 tions of the State or a political subdivision of the 

7 State. 

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

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

10 paragraph (1) shall provide that the Secretary 

11 shall credit toward the non-Federal share of the 

12 cost of the project, including a project imple13 mented under general continuing authority, the 

14 value of in-kind contributions made by the non15 Federal interest, including— 

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

17 data collection), design, management, miti18 gation, construction, and construction serv19 ices that are provided by the non-Federal 

20 interest for implementation of the project; 

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

22 provided before execution of an agreement 

23 for the project, including efforts on con24 structed elements incorporated into the 

25 project; and 


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1 ‘‘(iii) materials and services provided 

2 after an agreement is executed. 

3 ‘‘(B) CONDITION.—The Secretary shall 

4 credit an in-kind contribution under subpara5 graph (A) if the Secretary determines that the 

6 property or service provided as an in-kind con7 tribution is integral to the project. 

8 ‘‘(C) LIMITATIONS.—Credit authorized for 

9 a project— 

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

11 share of the cost of the project; 

12 ‘‘(ii) shall not alter any other require13 ment that a non-Federal interest provide 

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

15 area for disposal of dredged material for 

16 the project; and 

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

18 reasonable costs of the materials, services, 

19 or other things provided by the non-Fed20 eral interest, as determined by the Sec21 retary.’’. 

22 SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT 

23 AUTHORITY. 

24 Section 234 of the Water Resources Development Act 

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


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

2 following: 

3 ‘‘(a) IN GENERAL.—The Secretary may engage in ac4 tivities (including contracting) in support of other Federal 

5 agencies, international organizations, or foreign govern6 ments to address problems of national significance to the 

7 United States.’’; 

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

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

10 (3) in subsection (d)— 

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

12 2001’’ and inserting ‘‘$1,000,000 for fiscal year 

13 2007 and each fiscal year thereafter’’; and 

14 (B) by striking ‘‘or international organiza15 tions’’ and inserting ‘‘, international organiza16 tions, or foreign governments’’. 

17 SEC. 2003. TRAINING FUNDS. 

18 (a) IN GENERAL.—The Secretary may include indi19 viduals from the non-Federal interest, including the pri20 vate sector, in training classes and courses offered by the 

21 Corps of Engineers in any case in which the Secretary 

22 determines that it is in the best interest of the Federal 

23 Government to include those individuals as participants. 

24 (b) EXPENSES.— 


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1 (1) IN GENERAL.—An individual from a non2 Federal interest attending a training class or course 

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

4 the training provided to the individual. 

5 (2) PAYMENTS.—Payments made by an indi6 vidual for training received under subsection (a), up 

7 to the actual cost of the training— 

8 (A) may be retained by the Secretary; 

9 (B) shall be credited to an appropriation 

10 or account used for paying training costs; and 

11 (C) shall be available for use by the Sec12 retary, without further appropriation, for train13 ing purposes. 

14 (3) EXCESS AMOUNTS.—Any payments received 

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

16 cost of training provided shall be credited as mis17 cellaneous receipts to the Treasury of the United 

18 States. 

19 SEC. 2004. FISCAL TRANSPARENCY REPORT. 

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

21 of each year beginning January 2008, the Chief of Engi22 neers shall submit to the Committee on Environment and 

23 Public Works of the Senate and the Committee on Trans24 portation and Infrastructure of the House of Representa25 tives a report on the expenditures for the preceding fiscal 


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1 year and estimated expenditures for the current fiscal 

2 year. 

3 (b) CONTENTS.—In addition to the information de4 scribed in subsection (a), the report shall contain a de5 tailed accounting of the following information: 

6 (1) With respect to general construction, infor7 mation on— 

8 (A) projects currently under construction, 

9 including— 

10 (i) allocations to date; 

11 (ii) the number of years remaining to 

12 complete construction; 

13 (iii) the estimated annual Federal cost 

14 to maintain that construction schedule; 

15 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 

20 cost-sharing agreement and completed planning, 

21 engineering, 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 

11 reconnaissance and feasibility studies— 

12 (A) the number of active studies; 

13 (B) the number of completed studies not 

14 yet 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 Re21 sources Development Act of 1990 (33 U.S.C. 

22 2323(a)). 

23 (5) Recreation fees and lease payments. 

24 (6) Hydropower and water storage fees. 


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1 (7) Deposits into the Inland Waterway Trust 

2 Fund and the Harbor Maintenance Trust Fund. 

3 (8) Other revenues and fees collected. 

4 (9) With respect to permit applications and no5 tifications, a list of individual permit applications 

6 and nationwide permit notifications, including— 

7 (A) the date on which each permit applica8 tion is filed; 

9 (B) the date on which each permit applica10 tion is determined to be complete; and 

11 (C) the date on which the Corps of Engi12 neers grants, withdraws, or denies each permit. 

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

14 of authorized projects for which no funds have been 

15 allocated for the 5 preceding fiscal years, including, 

16 for each project— 

17 (A) the authorization date; 

18 (B) the last allocation date; 

19 (C) the percentage of construction com20 pleted; 

21 (D) the estimated cost remaining until 

22 completion of the project; and 

23 (E) a brief explanation of the reasons for 

24 the delay. 


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1 SEC. 2005. PLANNING. 

2 (a) MATTERS TO BE ADDRESSED IN PLANNING.— 

3 Section 904 of the Water Resources Development Act of 

4 1986 (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 

20 on which the feasibility study cost sharing agree21 ment is signed for a project, subject to the avail22 ability of appropriations— 

23 (A) complete the feasibility study for the 

24 project; and 

25 (B) sign the report of the Chief of Engi26 neers for the project; 


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

3 for not to exceed 4 years, for a complex or con4 troversial 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 en8 actment of this Act, shall— 

9 (i) issue procedures for risk analysis for 

10 cost 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 in18 clude, 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 es4 tablish centers of expertise to provide specialized 

5 planning expertise for water resource projects to be 

6 carried out by the Secretary in order to enhance and 

7 supplement the capabilities of the districts of the 

8 Corps of 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, 

14 and 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 de18 cisions of the Secretary with respect to feasi19 bility studies; 

20 (C) provide support for external peer re21 view 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 recommenda5 tions for alternatives— 

6 (i) that, as determined by the non7 Federal interests for the projects, promote 

8 integrated water resources management; 

9 and 

10 (ii) for which the non-Federal inter11 ests are willing to provide the non-Federal 

12 share for the studies or assessments. 

13 (B) SCOPE AND PURPOSES.—The scope 

14 and purposes of studies and assessments de15 scribed in subparagraph (A) shall not be con16 strained by budgetary or other policy as a re17 sult of the inclusion of alternatives described in 

18 that subparagraph. 

19 (C) REPORTS OF CHIEF OF ENGINEERS.— 

20 The reports of the Chief of Engineers shall be 

21 based solely on the best technical solutions to 

22 water resource needs and problems. 

23 (2) REPORT COMPLETION.—The completion of 

24 a report of the Chief of Engineers for a project— 


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1 (A) shall not be delayed while consider2 ation is being given to potential changes in pol3 icy or priority for project consideration; and 

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

5 (i) the Committee on Environment 

6 and 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, 

15 the Secretary shall— 

16 (A) review the report; and 

17 (B) provide any recommendations of the 

18 Secretary regarding the water resource project 

19 to 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 recom23 mending a water resource project that is complete 

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1 ommendations to Congress for, the report in accord2 ance with paragraph (1). 

3 SEC. 2006. WATER RESOURCES PLANNING COORDINATING 

4 COMMITTEE. 

5 (a) ESTABLISHMENT.—The President shall establish 

6 a 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 Com11 mittee shall be composed of the following members 

12 (or a designee 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 Environ24 mental Protection Agency. 


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

3 (2) CHAIRPERSON AND EXECUTIVE DIREC4 TOR.—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 

12 and 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, in7 cluding— 

8 (A) the risk to human life; 

9 (B) the risk to property; and 

10 (C) the comparative risks faced by dif11 ferent 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 

18 may be unintentionally encouraging develop19 ment and 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 agen24 cies; 


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1 (B) eliminating biases and disincentives to 

2 providing projects to low-income communities, 

3 including fully accounting for the prevention of 

4 loss of life under section 904 of the Water Re5 sources Development Act of 1986 (33 U.S.C. 

6 2281); 

7 (C) eliminating biases and disincentives 

8 that discourage the use of nonstructural ap9 proaches to water resources development and 

10 management, and fully accounting for the flood 

11 protection and other values of healthy natural 

12 systems; 

13 (D) promoting environmental restoration 

14 projects that reestablish natural processes; 

15 (E) assessing and evaluating the impacts 

16 of a project in the context of other projects 

17 within a region or watershed; 

18 (F) analyzing and incorporating lessons 

19 learned from recent studies of Corps of Engi20 neers programs and recent disasters such as 

21 Hurricane Katrina and the Great Midwest 

22 Flood of 1993; 

23 (G) encouraging wetlands conservation; 

24 and 


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1 (H) ensuring the effective implementation 

2 of the policies of this Act. 

3 (3) PUBLIC PARTICIPATION.—The Coordinating 

4 Committee and the Secretary shall solicit public and 

5 expert comments regarding any revision proposed 

6 under paragraph (2). 

7 (4) REVISION OF PLANNING GUIDANCE.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the date on which a review under 

10 paragraph (1) is completed, the Secretary, after 

11 providing notice and an opportunity for public 

12 comment in accordance with subchapter II of 

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

14 States Code (commonly known as the ‘‘Admin15 istrative Procedure Act’’), shall implement such 

16 proposed updates and revisions to the planning 

17 principles and guidelines, regulations, and cir18 culars of the Corps of Engineers under para19 graph (2) as the Secretary determines to be ap20 propriate. 

21 (B) EFFECT.—Effective beginning on the 

22 date on which the Secretary implements the 

23 first update or revision under paragraph (1), 

24 subsections (a) and (b) of section 80 of the 

25 Water Resources Development Act of 1974 (42 


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1 U.S.C. 1962d–17) shall not apply to the Corps 

2 of Engineers. 

3 (5) REPORT.— 

4 (A) IN GENERAL.—The Secretary shall 

5 submit to the Committees on Environment and 

6 Public Works and Appropriations of the Senate, 

7 and to the Committees on Transportation and 

8 Infrastructure and Appropriations of the House 

9 of Representatives, a report describing any revi10 sion of planning guidance under paragraph (4). 

11 (B) PUBLICATION.—The Secretary shall 

12 publish the report under subparagraph (A) in 

13 the Federal Register. 

14 SEC. 2007. INDEPENDENT PEER REVIEW. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CONSTRUCTION ACTIVITIES.—The term 

17 ‘‘construction activities’’ means development of de18 tailed engineering and design specifications during 

19 the preconstruction engineering and design phase 

20 and the engineering and design phase of a water re21 sources project carried out by the Corps of Engi22 neers, and other activities carried out on a water re23 sources project prior to completion of the construc24 tion and to turning the project over to the local cost25 share partner. 


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1 (2) PROJECT STUDY.—The term ‘‘project 

2 study’’ means a feasibility report, reevaluation re3 port, or environmental impact statement prepared by 

4 the Corps of Engineers. 

5 (b) DIRECTOR OF INDEPENDENT REVIEW.—The 

6 Secretary shall appoint in the Office of the Secretary a 

7 Director of Independent Review. The Director shall be se8 lected from among individuals who are distinguished ex9 perts in engineering, hydrology, biology, economics, or an10 other discipline related to water resources management. 

11 The Secretary shall ensure, to the maximum extent prac12 ticable, that the Director does not have a financial, profes13 sional, or other conflict of interest with projects subject 

14 to review. The Director of Independent Review shall carry 

15 out the duties set forth in this section and such other du16 ties as the Secretary deems appropriate. 

17 (c) SOUND PROJECT PLANNING.— 

18 (1) PROJECTS SUBJECT TO PLANNING RE19 VIEW.—The Secretary shall ensure that each project 

20 study for a water resources project shall be reviewed 

21 by an independent panel of experts established under 

22 this subsection if— 

23 (A) the project has an estimated total cost 

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

25 costs; 


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

2 water resources project is located in whole or in 

3 part, or the Governor of a State within the 

4 drainage basin in which a water resources 

5 project is located and that would be directly af6 fected economically or environmentally as a re7 sult of the project, requests in writing to the 

8 Secretary the establishment of an independent 

9 panel of experts for the project; 

10 (C) the head of a Federal agency with au11 thority to review the project determines that the 

12 project is likely to have a significant adverse 

13 impact on public safety, or on environmental, 

14 fish and wildlife, historical, cultural, or other 

15 resources under the jurisdiction of the agency, 

16 and requests in writing to the Secretary the es17 tablishment of an independent panel of experts 

18 for the project; or 

19 (D) the Secretary determines on his or her 

20 own initiative, or shall determine within 30 

21 days of receipt of a written request for a con22 troversy determination by any party, that the 

23 project is controversial because— 


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1 (i) there is a significant dispute re2 garding the size, nature, potential safety 

3 risks, or effects of the project; or 

4 (ii) there is a significant dispute re5 garding the economic, or environmental 

6 costs or benefits of the project. 

7 (2) PROJECT PLANNING REVIEW PANELS.— 

8 (A) PROJECT PLANNING REVIEW PANEL

9 MEMBERSHIP.—For each water resources 

10 project subject to review under this subsection, 

11 the Director of Independent Review shall estab12 lish a panel of independent experts that shall be 

13 composed of not less than 5 nor more than 9 

14 independent experts (including at least 1 engi15 neer, 1 hydrologist, 1 biologist, and 1 econo16 mist) who represent a range of areas of exper17 tise. The Director of Independent Review shall 

18 apply the National Academy of Science’s policy 

19 for selecting committee members to ensure that 

20 members have no conflict with the project being 

21 reviewed, and shall consult with the National 

22 Academy of Sciences in developing lists of indi23 viduals to serve on panels of experts under this 

24 subsection. An individual serving on a panel 

25 under this subsection shall be compensated at a 


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1 rate of pay to be determined by the Secretary, 

2 and shall be allowed travel expenses. 

3 (B) DUTIES OF PROJECT PLANNING RE4 VIEW PANELS.—An independent panel of ex5 perts established under this subsection shall re6 view the project study, receive from the public 

7 written and oral comments concerning the 

8 project study, and submit a written report to 

9 the Secretary that shall contain the panel’s con10 clusions and recommendations regarding project 

11 study issues identified as significant by the 

12 panel, including issues such as— 

13 (i) economic and environmental as14 sumptions and projections; 

15 (ii) project evaluation data; 

16 (iii) economic or environmental anal17 yses; 

18 (iv) engineering analyses; 

19 (v) formulation of alternative plans; 

20 (vi) methods for integrating risk and 

21 uncertainty; 

22 (vii) models used in evaluation of eco23 nomic or environmental impacts of pro24 posed projects; and 

25 (viii) any related biological opinions. 


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1 (C) PROJECT PLANNING REVIEW

2 RECORD.— 

3 (i) IN GENERAL.—After receiving a 

4 report from an independent panel of ex5 perts established under this subsection, the 

6 Secretary shall take into consideration any 

7 recommendations contained in the report 

8 and shall immediately make the report 

9 available to the public on the internet. 

10 (ii) RECOMMENDATIONS.—The Sec11 retary shall prepare a written explanation 

12 of any recommendations of the inde13 pendent panel of experts established under 

14 this subsection not adopted by the Sec15 retary. Recommendations and findings of 

16 the independent panel of experts rejected 

17 without good cause shown, as determined 

18 by judicial review, shall be given equal def19 erence as the recommendations and find20 ings of the Secretary during a judicial pro21 ceeding relating to the water resources 

22 project. 

23 (iii) SUBMISSION TO CONGRESS AND

24 PUBLIC AVAILABILITY.—The report of the 

25 independent panel of experts established 


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1 under this subsection and the written ex2 planation of the Secretary required by 

3 clause (ii) shall be included with the report 

4 of the Chief of Engineers to Congress, 

5 shall be published in the Federal Register, 

6 and shall be made available to the public 

7 on the Internet. 

8 (D) DEADLINES FOR PROJECT PLANNING

9 REVIEWS.— 

10 (i) IN GENERAL.—Independent review 

11 of a project study shall be completed prior 

12 to the completion of any Chief of Engi13 neers report for a specific water resources 

14 project. 

15 (ii) DEADLINE FOR PROJECT PLAN16 NING REVIEW PANEL STUDIES.—An inde17 pendent panel of experts established under 

18 this subsection shall complete its review of 

19 the project study and submit to the Sec20 retary a report not later than 180 days 

21 after the date of establishment of the 

22 panel, or not later than 90 days after the 

23 close of the public comment period on a 

24 draft project study that includes a pre25 ferred alternative, whichever is later. The 


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1 Secretary may extend these deadlines for 

2 good cause. 

3 (iii) FAILURE TO COMPLETE REVIEW

4 AND REPORT.—If an independent panel of 

5 experts established under this subsection 

6 does not submit to the Secretary a report 

7 by the deadline established by clause (ii), 

8 the Chief of Engineers may continue 

9 project planning without delay. 

10 (iv) DURATION OF PANELS.—An inde11 pendent panel of experts established under 

12 this subsection shall terminate on the date 

13 of submission of the report by the panel. 

14 Panels may be established as early in the 

15 planning process as deemed appropriate by 

16 the Director of Independent Review, but 

17 shall be appointed no later than 90 days 

18 before the release for public comment of a 

19 draft study subject to review under sub20 section (c)(1)(A), and not later than 30 

21 days after a determination that review is 

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

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

24 (E) EFFECT ON EXISTING GUIDANCE.— 

25 The project planning review required by this 


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1 subsection shall be deemed to satisfy any exter2 nal review required by Engineering Circular 

3 1105–2–408 (31 May 2005) on Peer Review of 

4 Decision Documents. 

5 (d) SAFETY ASSURANCE.— 

6 (1) PROJECTS SUBJECT TO SAFETY ASSURANCE

7 REVIEW.—The Secretary shall ensure that the con8 struction activities for any flood damage reduction 

9 project shall be reviewed by an independent panel of 

10 experts established under this subsection if the Di11 rector of Independent Review makes a determination 

12 that an independent review is necessary to ensure 

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

14 (A) for which the reliability of performance 

15 under emergency conditions is critical; 

16 (B) that uses innovative materials or tech17 niques; 

18 (C) for which the project design is lacking 

19 in redundancy, or that has a unique construc20 tion sequencing or a short or overlapping design 

21 construction schedule; or 

22 (D) other than a project described in sub23 paragraphs (A) through (C), as the Director of 

24 Independent Review determines to be appro25 priate. 


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1 (2) SAFETY ASSURANCE REVIEW PANELS.—At 

2 the appropriate point in the development of detailed 

3 engineering and design specifications for each water 

4 resources project subject to review under this sub5 section, the Director of Independent Review shall es6 tablish an independent panel of experts to review 

7 and report to the Secretary on the adequacy of con8 struction activities for the project. An independent 

9 panel of experts under this subsection shall be com10 posed of not less than 5 nor more than 9 inde11 pendent experts selected from among individuals 

12 who are distinguished experts in engineering, hydrol13 ogy, or other pertinent disciplines. The Director of 

14 Independent Review shall apply the National Acad15 emy of Science’s policy for selecting committee mem16 bers to ensure that panel members have no conflict 

17 with the project being reviewed. An individual serv18 ing on a panel of experts under this subsection shall 

19 be compensated at a rate of pay to be determined 

20 by the Secretary, and shall be allowed travel ex21 penses. 

22 (3) DEADLINES FOR SAFETY ASSURANCE RE23 VIEWS.—An independent panel of experts established 

24 under this subsection shall submit a written report 

25 to the Secretary on the adequacy of the construction 


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1 activities prior to the initiation of physical construc2 tion and periodically thereafter until construction ac3 tivities are completed on a publicly available sched4 ule determined by the Director of Independent Re5 view for the purposes of assuring the public safety. 

6 The Director of Independent Review shall ensure 

7 that these reviews be carried out in a way to protect 

8 the public health, safety, and welfare, while not 

9 causing unnecessary delays in construction activities. 

10 (4) SAFETY ASSURANCE REVIEW RECORD.— 

11 After receiving a written report from an independent 

12 panel of experts established under this subsection, 

13 the Secretary shall— 

14 (A) take into consideration recommenda15 tions contained in the report, provide a written 

16 explanation of recommendations not adopted, 

17 and immediately make the report and expla18 nation available to the public on the Internet; 

19 and 

20 (B) submit the report to the Committee on 

21 Environment and Public Works of the Senate 

22 and the Committee on Transportation and In23 frastructure of the House of Representatives. 

24 (e) EXPENSES.— 


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

2 panel of experts established under subsection (c) or 

3 (d) shall be a Federal expense and shall not ex4 ceed— 

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

6 project in current year dollars is less than 

7 $50,000,000; and 

8 (B) 0.5 percent of the total cost of the 

9 project in current year dollars, if the total cost 

10 is $50,000,000 or more. 

11 (2) WAIVER.—The Secretary, at the written re12 quest of the Director of Independent Review, may 

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

14 Secretary determines appropriate. 

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

16 of enactment of this Act, the Secretary shall submit to 

17 Congress a report describing the implementation of this 

18 section. 

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

20 be construed to affect any authority of the Secretary to 

21 cause or conduct a peer review of the engineering, sci22 entific, or technical basis of any water resources project 

23 in existence on the date of enactment of this Act. 


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

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

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

4 2283(a)) is amended by adding at the following: 

5 ‘‘(3) COMPLETION OF MITIGATION.—In any 

6 case in which it is not technically practicable to com7 plete mitigation by the last day of construction of 

8 the project or separable element of the project be9 cause of the nature of the mitigation to be under10 taken, the Secretary shall complete the required 

11 mitigation as expeditiously as practicable, but in no 

12 case later than the last day of the first fiscal year 

13 beginning after the last day of construction of the 

14 project or separable element of the project.’’. 

15 (b) USE OF CONSOLIDATED MITIGATION.—Section 

16 906(b) of the Water Resources Development Act of 1986 

17 (33 U.S.C. 2283(b)) is amended by adding at the end the 

18 following: 

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

20 ‘‘(A) IN GENERAL.—If the Secretary deter21 mines that other forms of compensatory mitiga22 tion are not practicable or are less environ23 mentally desirable, the Secretary may purchase 

24 available credits from a mitigation bank or con25 servation bank that is approved in accordance 

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1 ment, Use and Operation of Mitigations Banks 

2 (60 Fed. Reg. 58605) or other applicable Fed3 eral laws (including regulations). 

4 ‘‘(B) SERVICE AREA.—To the maximum 

5 extent practicable, the service area of the miti6 gation bank or conservation bank shall be in 

7 the same watershed as the affected habitat. 

8 ‘‘(C) RESPONSIBILITY RELIEVED.—Pur9 chase of credits from a mitigation bank or con10 servation bank for a water resources project re11 lieves the Secretary and the non-Federal inter12 est from responsibility for monitoring or dem13 onstrating mitigation success.’’. 

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

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

16 2283(d)) is amended— 

17 (1) in paragraph (1)— 

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

19 the Congress unless such report contains’’ and 

20 inserting ‘‘to Congress, and shall not select a 

21 project alternative in any final record of deci22 sion, environmental impact statement, or envi23 ronmental assessment, unless the proposal, 

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1 ment, or environmental assessment contains’’; 

2 and 

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

4 and other habitat types are mitigated to not 

5 less than in-kind conditions’’ after ‘‘mitigated 

6 in-kind’’; and 

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

8 ‘‘(3) MITIGATION REQUIREMENTS.— 

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

10 flood damage reduction capabilities and fish 

11 and wildlife resulting from a water resources 

12 project, the Secretary shall ensure that the 

13 mitigation plan for each water resources project 

14 complies fully with the mitigation standards 

15 and policies established pursuant to section 404 

16 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1344). 

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

19 plan for a water resources project under para20 graph (1) shall include, at a minimum— 

21 ‘‘(i) a plan for monitoring the imple22 mentation and ecological success of each 

23 mitigation measure, including a designa24 tion of the entities that will be responsible 

25 for the monitoring; 


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1 ‘‘(ii) the criteria for ecological success 

2 by which the mitigation will be evaluated 

3 and determined to be successful; 

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

5 acquired for the mitigation plan and the 

6 basis for a determination that the land and 

7 interests are available for acquisition; 

8 ‘‘(iv) a description of— 

9 ‘‘(I) the types and amount of res10 toration activities to be conducted; 

11 and 

12 ‘‘(II) the resource functions and 

13 values that will result from the miti14 gation plan; and 

15 ‘‘(v) a contingency plan for taking 

16 corrective actions in cases in which moni17 toring demonstrates that mitigation meas18 ures are not achieving ecological success in 

19 accordance with criteria under clause (ii). 

20 ‘‘(4) DETERMINATION OF SUCCESS.— 

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

22 under this subsection shall be considered to be 

23 successful at the time at which the criteria 

24 under paragraph (3)(B)(ii) are achieved under 


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1 the plan, as determined by monitoring under 

2 paragraph (3)(B)(i). 

3 ‘‘(B) CONSULTATION.—In determining 

4 whether a mitigation plan is successful under 

5 subparagraph (A), the Secretary shall consult 

6 annually with appropriate Federal agencies and 

7 each State in which the applicable project is lo8 cated on at least the following: 

9 ‘‘(i) The ecological success of the miti10 gation as of the date on which the report 

11 is submitted. 

12 ‘‘(ii) The likelihood that the mitiga13 tion will achieve ecological success, as de14 fined in the mitigation plan. 

15 ‘‘(iii) The projected timeline for 

16 achieving that success. 

17 ‘‘(iv) Any recommendations for im18 proving the likelihood of success. 

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

20 after the date of completion of the annual con21 sultation, the Federal agencies consulted shall, 

22 and each State in which the project is located 

23 may, submit to the Secretary a report that de24 scribes the results of the consultation described 

25 in (B). 


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1 ‘‘(D) ACTION BY SECRETARY.—The Sec2 retary shall respond in writing to the substance 

3 and recommendations contained in each report 

4 under subparagraph (C) by not later than 30 

5 days after the date of receipt of the report. 

6 ‘‘(5) MONITORING.—Mitigation monitoring 

7 shall continue until it has been demonstrated that 

8 the mitigation has met the ecological success cri9 teria.’’. 

10 (d) STATUS REPORT.— 

11 (1) IN GENERAL.—Concurrent with the submis12 sion of the President to Congress of the request of 

13 the President for appropriations for the Civil Works 

14 Program for a fiscal year, the Secretary shall submit 

15 to the Committee on the Environment and Public 

16 Works of the Senate and the Committee on Trans17 portation and Infrastructure of the House of Rep18 resentatives a report describing the status of con19 struction of projects that require mitigation under 

20 section 906 of Water Resources Development Act 

21 1986 (33 U.S.C. 2283) and the status of that miti22 gation. 

23 (2) PROJECTS INCLUDED.—The status report 

24 shall include the status of— 


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1 (A) all projects that are under construction 

2 as of the date of the report; 

3 (B) all projects for which the President re4 quests funding for the next fiscal year; and 

5 (C) all projects that have completed con6 struction, but have not completed the mitigation 

7 required under section 906 of the Water Re8 sources Development Act of 1986 (33 U.S.C. 

9 2283). 

10 (e) MITIGATION TRACKING SYSTEM.— 

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

12 the date of enactment of this Act, the Secretary 

13 shall establish a recordkeeping system to track, for 

14 each water resources project undertaken by the Sec15 retary and for each permit issued under section 404 

16 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1344)— 

18 (A) the quantity and type of wetland and 

19 any other habitat type affected by the project, 

20 project operation, or permitted activity; 

21 (B) the quantity and type of mitigation 

22 measures required with respect to the project, 

23 project operation, or permitted activity; 

24 (C) the quantity and type of mitigation 

25 measures that have been completed with respect 


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1 to the project, project operation, or permitted 

2 activity; and 

3 (D) the status of monitoring of the mitiga4 tion measures carried out with respect to the 

5 project, project operation, or permitted activity. 

6 (2) REQUIREMENTS.—The recordkeeping sys7 tem under paragraph (1) shall— 

8 (A) include information relating to the im9 pacts and mitigation measures relating to 

10 projects described in paragraph (1) that occur 

11 after November 17, 1986; and 

12 (B) be organized by watershed, project, 

13 permit application, and zip code. 

14 (3) AVAILABILITY OF INFORMATION.—The Sec15 retary shall make information contained in the rec16 ordkeeping system available to the public on the 

17 Internet. 

18 SEC. 2009. STATE TECHNICAL ASSISTANCE. 

19 Section 22 of the Water Resources Development Act 

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

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

22 and inserting the following: 

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

24 ‘‘(a) FEDERAL-STATE COOPERATION.— 


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1 ‘‘(1) COMPREHENSIVE PLANS.—The Sec2 retary’’; 

3 (2) in subsection (a), by adding at the end the 

4 following: 

5 ‘‘(2) TECHNICAL ASSISTANCE.— 

6 ‘‘(A) IN GENERAL.—At the request of a 

7 governmental agency or non-Federal interest, 

8 the Secretary may provide, at Federal expense, 

9 technical assistance to the agency or non-Fed10 eral interest in managing water resources. 

11 ‘‘(B) TYPES OF ASSISTANCE.—Technical 

12 assistance under this paragraph may include 

13 provision and integration of hydrologic, eco14 nomic, and environmental data and analyses.’’; 

15 (3) in subsection (b)(1), by striking ‘‘this sec16 tion’’ each place it appears and inserting ‘‘subsection 

17 (a)(1)’’; 

(4) in subsection (b)(2), by striking ‘‘up to 1 18 ⁄2

19 of the’’ and inserting ‘‘the’’; 

20 (5) in subsection (c)— 

21 (A) by striking ‘‘(c) There is’’ and insert22 ing the following: 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(1) FEDERAL AND STATE COOPERATION.— 

25 There is’’; 


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1 (B) in paragraph (1) (as designated by 

2 subparagraph (A)), by striking ‘‘the provisions 

3 of this section except that not more than 

4 $500,000 shall be expended in any one year in 

5 any one State.’’ and inserting ‘‘subsection 

6 (a)(1).’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) TECHNICAL ASSISTANCE.—There is au9 thorized to be appropriated to carry out subsection 

10 (a)(2) $10,000,000 for each fiscal year, of which not 

11 more than $2,000,000 for each fiscal year may be 

12 used by the Secretary to enter into cooperative 

13 agreements with nonprofit organizations and State 

14 agencies to provide assistance to rural and small 

15 communities.’’; and 

16 (6) by adding at the end the following: 

17 ‘‘(e) ANNUAL SUBMISSION.—For each fiscal year, 

18 based on performance criteria developed by the Secretary, 

19 the Secretary shall list in the annual civil works budget 

20 submitted to Congress the individual activities proposed 

21 for funding under subsection (a)(1) for the fiscal year.’’. 

22 SEC. 2010. ACCESS TO WATER RESOURCE DATA. 

23 (a) IN GENERAL.—The Secretary, acting through the 

24 Chief of Engineers, shall carry out a program to provide 


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1 public access to water resource and related water quality 

2 data in the custody of the Corps of Engineers. 

3 (b) DATA.—Public access under subsection (a) 

4 shall— 

5 (1) include, at a minimum, access to data gen6 erated in water resource project development and 

7 regulation under section 404 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1344); and 

9 (2) appropriately employ geographic informa10 tion system technology and linkages to water re11 source models and analytical techniques. 

12 (c) PARTNERSHIPS.—To the maximum extent prac13 ticable, in carrying out activities under this section, the 

14 Secretary shall develop partnerships, including cooperative 

15 agreements with State, tribal, and local governments and 

16 other Federal agencies. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $5,000,000 for each fiscal year. 

20 SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

21 BY NON-FEDERAL INTERESTS. 

22 (a) IN GENERAL.—Section 211(e)(6) of the Water 

23 Resources Development Act of 1996 (33 U.S.C. 701b– 

24 13(e)(6)) is amended by adding at the end following: 

25 ‘‘(E) BUDGET PRIORITY.— 


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1 ‘‘(i) IN GENERAL.—Budget priority 

2 for projects under this section shall be pro3 portionate to the percentage of project 

4 completion. 

5 ‘‘(ii) COMPLETED PROJECT.—A com6 pleted project shall have the same priority 

7 as a project with a contractor on site.’’. 

8 (b) CONSTRUCTION OF FLOOD CONTROL PROJECTS

9 BY NON-FEDERAL INTERESTS.—Section 211(f) of the 

10 Water Resources Development Act of 1996 (33 U.S.C. 

11 701b–13) is amended by adding at the end the following: 

12 ‘‘(9) THORNTON RESERVOIR, COOK COUNTY, IL13 LINOIS.—An element of the project for flood control, 

14 Chicagoland Underflow Plan, Illinois. 

15 ‘‘(10) BUFFALO BAYOU, TEXAS.—The project 

16 for flood control, Buffalo Bayou, Texas, authorized 

17 by the first section of the Act of June 20, 1938 (52 

18 Stat. 804, chapter 535) (commonly known as the 

19 ‘River and Harbor Act of 1938’) and modified by 

20 section 3a of the Act of August 11, 1939 (53 Stat. 

21 1414, chapter 699) (commonly known as the ‘Flood 

22 Control Act of 1939’), except that, subject to the ap23 proval of the Secretary as provided by this section, 

24 the non-Federal interest may design and construct 

25 an alternative to such project. 


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1 ‘‘(11) HALLS BAYOU, TEXAS.—The Halls 

2 Bayou element of the project for flood control, Buf3 falo Bayou and tributaries, Texas, authorized by sec4 tion 101(a)(21) of the Water Resources Develop5 ment Act of 1990 (33 U.S.C. 2201 note), except 

6 that, subject to the approval of the Secretary as pro7 vided by this section, the non-Federal interest may 

8 design and construct an alternative to such 

9 project.’’. 

10 SEC. 2012. REGIONAL SEDIMENT MANAGEMENT. 

11 (a) IN GENERAL.—Section 204 of the Water Re12 sources Development Act of 1992 (33 U.S.C. 2326) is 

13 amended to read as follows: 

14 ‘‘SEC. 204. REGIONAL SEDIMENT MANAGEMENT. 

15 ‘‘(a) IN GENERAL.—In connection with sediment ob16 tained through the construction, operation, or mainte17 nance of an authorized Federal water resources project, 

18 the Secretary, acting through the Chief of Engineers, shall 

19 develop Regional Sediment Management plans and carry 

20 out projects at locations identified in the plan prepared 

21 under subsection (e), or identified jointly by the non-Fed22 eral interest and the Secretary, for use in the construction, 

23 repair, modification, or rehabilitation of projects associ24 ated with Federal water resources projects, for— 

25 ‘‘(1) the protection of property; 


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1 ‘‘(2) the protection, restoration, and creation of 

2 aquatic and ecologically related habitats, including 

3 wetlands; and 

4 ‘‘(3) the transport and placement of suitable 

5 sediment 

6 ‘‘(b) SECRETARIAL FINDINGS.—Subject to sub7 section (c), projects carried out under subsection (a) may 

8 be carried out in any case in which the Secretary finds 

9 that— 

10 ‘‘(1) the environmental, economic, and social 

11 benefits of the project, both monetary and nonmone12 tary, justify the cost of the project; and 

13 ‘‘(2) the project would not result in environ14 mental degradation. 

15 ‘‘(c) DETERMINATION OF PLANNING AND PROJECT

16 COSTS.— 

17 ‘‘(1) IN GENERAL.—In consultation and co18 operation with the appropriate Federal, State, re19 gional, and local agencies, the Secretary, acting 

20 through the Chief of Engineers, shall develop at 

21 Federal expense plans and projects for regional 

22 management of sediment obtained in conjunction 

23 with construction, operation, and maintenance of 

24 Federal water resources projects. 

25 ‘‘(2) COSTS OF CONSTRUCTION.— 


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1 ‘‘(A) IN GENERAL.—Costs associated with 

2 construction of a project under this section or 

3 identified in a Regional Sediment Management 

4 plan shall be limited solely to construction costs 

5 that are in excess of those costs necessary to 

6 carry out the dredging for construction, oper7 ation, or maintenance of an authorized Federal 

8 water resources project in the most cost-effec9 tive way, consistent with economic, engineering, 

10 and environmental criteria. 

11 ‘‘(B) COST SHARING.—The determination 

12 of any non-Federal share of the construction 

13 cost shall be based on the cost sharing as speci14 fied in subsections (a) through (d) of section 

15 103 of the Water Resources Development Act 

16 of 1986 (33 U.S.C. 2213), for the type of Fed17 eral water resource project using the dredged 

18 resource. 

19 ‘‘(C) TOTAL COST.—Total Federal costs 

20 associated with construction of a project under 

21 this section shall not exceed $5,000,000 without 

22 Congressional approval. 

23 ‘‘(3) OPERATION, MAINTENANCE, REPLACE24 MENT, AND REHABILITATION COSTS.—Operation, 

25 maintenance, replacement, and rehabilitation costs 


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1 associated with a project are a non-Federal sponsor 

2 responsibility. 

3 ‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD

4 FOR ENVIRONMENTAL PURPOSES.— 

5 ‘‘(1) IN GENERAL.—In developing and carrying 

6 out a Federal water resources project involving the 

7 disposal of material, the Secretary may select, with 

8 the consent of the non-Federal interest, a disposal 

9 method that is not the least-cost option if the Sec10 retary determines that the incremental costs of the 

11 disposal method are reasonable in relation to the en12 vironmental benefits, including the benefits to the 

13 aquatic environment to be derived from the creation 

14 of wetlands and control of shoreline erosion. 

15 ‘‘(2) FEDERAL SHARE.—The Federal share of 

16 such incremental costs shall be determined in ac17 cordance with subsection (c). 

18 ‘‘(e) STATE AND REGIONAL PLANS.—The Secretary, 

19 acting through the Chief of Engineers, may— 

20 ‘‘(1) cooperate with any State in the prepara21 tion of a comprehensive State or regional coastal 

22 sediment management plan within the boundaries of 

23 the State; 

24 ‘‘(2) encourage State participation in the imple25 mentation of the plan; and 


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1 ‘‘(3) submit to Congress reports and rec2 ommendations with respect to appropriate Federal 

3 participation in carrying out the plan. 

4 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 

5 the Secretary shall give priority to regional sediment man6 agement projects in the vicinity of— 

7 ‘‘(1) Fire Island Inlet, Suffolk County, New 

8 York; 

9 ‘‘(2) Fletcher Cove, California; 

10 ‘‘(3) Delaware River Estuary, New Jersey and 

11 Pennsylvania; and 

12 ‘‘(4) Toledo Harbor, Lucas County, Ohio. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to carry out this section 

15 $30,000,000 during each fiscal year, to remain available 

16 until expended, for the Federal costs identified under sub17 section (c), of which up to $5,000,000 shall be used for 

18 the development of regional sediment management plans 

19 as provided in subsection (e). 

20 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec21 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

22 1962d–5b), for any project carried out under this section, 

23 a non-Federal interest may include a nonprofit entity, with 

24 the consent of the affected local government.’’. 

25 (b) REPEAL.— 


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1 (1) IN GENERAL.—Section 145 of the Water 

2 Resources Development Act of 1976 (33 U.S.C. 

3 426j) is repealed. 

4 (2) EXISTING PROJECTS.—The Secretary, act5 ing through the Chief of Engineers, may complete 

6 any project being carried out under section 145 on 

7 the day before the date of enactment of this Act. 

8 SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE9 VELOPMENT PROGRAM. 

10 (a) IN GENERAL.—Section 3 of the Act entitled ‘‘An 

11 Act authorizing Federal participation in the cost of pro12 tecting the shores of publicly owned property’’, approved 

13 August 13, 1946 (33 U.S.C. 426g), is amended to read 

14 as follows: 

15 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM16 PACT MINIMIZATION PROGRAM. 

17 ‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH

18 RESTORATION AND PROTECTION PROJECTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary may carry 

20 out construction of small shore and beach restora21 tion and protection projects not specifically author22 ized by Congress that otherwise comply with the 

23 first section of this Act if the Secretary determines 

24 that such construction is advisable. 


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1 ‘‘(2) LOCAL COOPERATION.—The local coopera2 tion requirement under the first section of this Act 

3 shall apply to a project under this section. 

4 ‘‘(3) COMPLETENESS.—A project under this 

5 section— 

6 ‘‘(A) shall be complete; and 

7 ‘‘(B) shall not commit the United States to 

8 any additional improvement to ensure the suc9 cessful operation of the project, except for par10 ticipation in periodic beach nourishment in ac11 cordance with— 

12 ‘‘(i) the first section of this Act; and 

13 ‘‘(ii) the procedure for projects au14 thorized after submission of a survey re15 port. 

16 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE17 VELOPMENT AND DEMONSTRATION PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Secretary, acting 

19 through the Chief of Engineers, shall conduct a na20 tional shoreline erosion control development and 

21 demonstration program (referred to in this section 

22 as the ‘program’). 

23 ‘‘(2) REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—The program shall in25 clude provisions for— 


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1 ‘‘(i) projects consisting of planning, 

2 design, construction, and adequate moni3 toring of prototype engineered and native 

4 and naturalized vegetative shoreline ero5 sion control devices and methods; 

6 ‘‘(ii) detailed engineering and environ7 mental reports on the results of each 

8 project carried out under the program; and 

9 ‘‘(iii) technology transfers, as appro10 priate, to private property owners, State 

11 and local entities, nonprofit educational in12 stitutions, and nongovernmental organiza13 tions. 

14 ‘‘(B) DETERMINATION OF FEASIBILITY.— 

15 A project under this section shall not be carried 

16 out until the Secretary, acting through the 

17 Chief of Engineers, determines that the project 

18 is feasible. 

19 ‘‘(C) EMPHASIS.—A project carried out 

20 under the program shall emphasize, to the max21 imum extent practicable— 

22 ‘‘(i) the development and demonstra23 tion of innovative technologies; 

24 ‘‘(ii) efficient designs to prevent ero25 sion at a shoreline site, taking into account 


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1 the lifecycle cost of the design, including 

2 cleanup, maintenance, and amortization; 

3 ‘‘(iii) new and enhanced shore protec4 tion project design and project formulation 

5 tools the purposes of which are to improve 

6 the physical performance, and lower the 

7 lifecycle costs, of the projects; 

8 ‘‘(iv) natural designs, including the 

9 use of native and naturalized vegetation or 

10 temporary structures that minimize perma11 nent structural alterations to the shoreline; 

12 ‘‘(v) the avoidance of negative impacts 

13 to adjacent shorefront communities; 

14 ‘‘(vi) the potential for long-term pro15 tection afforded by the technology; and 

16 ‘‘(vii) recommendations developed 

17 from evaluations of the program estab18 lished under the Shoreline Erosion Control 

19 Demonstration Act of 1974 (42 U.S.C. 

20 1962–5 note; 88 Stat. 26), including— 

21 ‘‘(I) adequate consideration of 

22 the subgrade; 

23 ‘‘(II) proper filtration; 

24 ‘‘(III) durable components; 


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1 ‘‘(IV) adequate connection be2 tween units; and 

3 ‘‘(V) consideration of additional 

4 relevant information. 

5 ‘‘(D) SITES.— 

6 ‘‘(i) IN GENERAL.—Each project 

7 under the program shall be carried out 

8 at— 

9 ‘‘(I) a privately owned site with 

10 substantial public access; or 

11 ‘‘(II) a publicly owned site on 

12 open coast or in tidal waters. 

13 ‘‘(ii) SELECTION.—The Secretary, 

14 acting through the Chief of Engineers, 

15 shall develop criteria for the selection of 

16 sites for projects under the program, in17 cluding criteria based on— 

18 ‘‘(I) a variety of geographic and 

19 climatic conditions; 

20 ‘‘(II) the size of the population 

21 that is dependent on the beaches for 

22 recreation or the protection of private 

23 property or public infrastructure; 

24 ‘‘(III) the rate of erosion; 


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1 ‘‘(IV) significant natural re2 sources or habitats and environ3 mentally sensitive areas; and 

4 ‘‘(V) significant threatened his5 toric structures or landmarks. 

6 ‘‘(3) CONSULTATION.—The Secretary, acting 

7 through the Chief of Engineers, shall carry out the 

8 program in consultation with— 

9 ‘‘(A) the Secretary of Agriculture, particu10 larly with respect to native and naturalized veg11 etative means of preventing and controlling 

12 shoreline erosion; 

13 ‘‘(B) Federal, State, and local agencies; 

14 ‘‘(C) private organizations; 

15 ‘‘(D) the Coastal Engineering Research 

16 Center established by the first section of Public 

17 Law 88–172 (33 U.S.C. 426–1); and 

18 ‘‘(E) applicable university research facili19 ties. 

20 ‘‘(4) COMPLETION OF DEMONSTRATION.—After 

21 carrying out the initial construction and evaluation 

22 of the performance and lifecycle cost of a demonstra23 tion project under this section, the Secretary, acting 

24 through the Chief of Engineers, may— 


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1 ‘‘(A) at the request of a non-Federal inter2 est of the project, amend the agreement for a 

3 federally-authorized shore protection project in 

4 existence on the date on which initial construc5 tion of the demonstration project is complete to 

6 incorporate the demonstration project as a fea7 ture of the shore protection project, with the fu8 ture cost of the demonstration project to be de9 termined by the cost-sharing ratio of the shore 

10 protection project; or 

11 ‘‘(B) transfer all interest in and responsi12 bility for the completed demonstration project 

13 to the non-Federal or other Federal agency in14 terest of the project. 

15 ‘‘(5) AGREEMENTS.—The Secretary, acting 

16 through the Chief of Engineers, may enter into an 

17 agreement with the non-Federal or other Federal 

18 agency interest of a project under this section— 

19 ‘‘(A) to share the costs of construction, op20 eration, maintenance, and monitoring of a 

21 project under the program; 

22 ‘‘(B) to share the costs of removing a 

23 project or project element constructed under 

24 the program, if the Secretary determines that 

25 the project or project element is detrimental to 


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1 private property, public infrastructure, or public 

2 safety; or 

3 ‘‘(C) to specify ownership of a completed 

4 project that the Chief of Engineers determines 

5 will not be part of a Corps of Engineers project. 

6 ‘‘(6) REPORT.—Not later than December 31 of 

7 each year beginning after the date of enactment of 

8 this paragraph, the Secretary shall prepare and sub9 mit to the Committee on Environment and Public 

10 works of the Senate and the Committee on Trans11 portation and Infrastructure of the House of Rep12 resentatives a report describing— 

13 ‘‘(A) the activities carried out and accom14 plishments made under the program during the 

15 preceding year; and 

16 ‘‘(B) any recommendations of the Sec17 retary relating to the program. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the Secretary may expend, from any appropriations 

21 made available to the Secretary for the purpose of 

22 carrying out civil works, not more than $30,000,000 

23 during any fiscal year to pay the Federal share of 

24 the costs of construction of small shore and beach 


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1 restoration and protection projects or small projects 

2 under the program. 

3 ‘‘(2) LIMITATION.—The total amount expended 

4 for a project under this section shall— 

5 ‘‘(A) be sufficient to pay the cost of Fed6 eral participation in the project (including peri7 odic nourishment as provided for under the first 

8 section of this Act), as determined by the Sec9 retary; and 

10 ‘‘(B) be not more than $3,000,000.’’. 

11 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au12 thorizing Federal participation in the cost of protecting 

13 the shores of publicly owned property’’, approved August 

14 13, 1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is re15 pealed. 

16 SEC. 2014. SHORE PROTECTION PROJECTS. 

17 (a) IN GENERAL.—In accordance with the Act of 

18 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad19 ministrative actions, it is the policy of the United States 

20 to promote shore protection projects and related research 

21 that encourage the protection, restoration, and enhance22 ment of sandy beaches, including beach restoration and 

23 periodic beach renourishment for a period of 50 years, on 

24 a comprehensive and coordinated basis by the Federal 

25 Government, States, localities, and private enterprises. 


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1 (b) PREFERENCE.—In carrying out the policy, pref2 erence shall be given to— 

3 (1) areas in which there has been a Federal in4 vestment of funds; and 

5 (2) areas with respect to which the need for 

6 prevention or mitigation of damage to shores and 

7 beaches is attributable to Federal navigation 

8 projects or other Federal activities. 

9 (c) APPLICABILITY.—The Secretary shall apply the 

10 policy to each shore protection and beach renourishment 

11 project (including shore protection and beach renourish12 ment projects in existence on the date of enactment of this 

13 Act). 

14 SEC. 2015. COST SHARING FOR MONITORING. 

15 (a) IN GENERAL.—Costs incurred for monitoring for 

16 an ecosystem restoration project shall be cost-shared— 

17 (1) in accordance with the formula relating to 

18 the applicable original construction project; and 

19 (2) for a maximum period of 10 years. 

20 (b) AGGREGATE LIMITATION.—Monitoring costs for 

21 an ecosystem restoration project— 

22 (1) shall not exceed in the aggregate, for a 10- 

23 year period, an amount equal to 5 percent of the 

24 cost of the applicable original construction project; 

25 and 


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1 (2) after the 10-year period, shall be 100 per2 cent non-Federal. 

3 SEC. 2016. ECOSYSTEM RESTORATION BENEFITS. 

4 For each of the following projects, the Corps of Engi5 neers shall include ecosystem restoration benefits in the 

6 calculation of benefits for the project: 

7 (1) Grayson’s Creek, California. 

8 (2) Seven Oaks, California. 

9 (3) Oxford, California. 

10 (4) Walnut Creek, California. 

11 (5) Wildcat Phase II, California. 

12 SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND 

13 PROCESSING OF PERMITS. 

14 Section 214 of the Water Resources Development Act 

15 of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594, 117 Stat. 

16 1836, 119 Stat. 2169, 120 Stat. 318, 120 Stat. 3197) 

17 is amended by striking subsection (c). 

18 SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA19 TIONS. 

20 (a) IN GENERAL.—Not later than 2 years after the 

21 date of enactment of this Act, the Secretary shall imple22 ment a program to allow electronic submission of permit 

23 applications for permits under the jurisdiction of the 

24 Corps of Engineers. 


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1 (b) LIMITATIONS.—This section does not preclude 

2 the submission of a hard copy, as required. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $3,000,000. 

6 SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT 

7 CORPS OF ENGINEERS RESERVOIRS. 

8 (a) IN GENERAL.—As part of the operation and 

9 maintenance, by the Corps of Engineers, of reservoirs in 

10 operation as of the date of enactment of this Act, the Sec11 retary shall carry out the measures described in subsection 

12 (c) to support the water resource needs of project sponsors 

13 and any affected State, local, or tribal government for au14 thorized project purposes. 

15 (b) COOPERATION.—The Secretary shall carry out 

16 the measures described in subsection (c) in cooperation 

17 and coordination with project sponsors and any affected 

18 State, local, or tribal government. 

19 (c) MEASURES.—In carrying out this section, the 

20 Secretary may— 

21 (1) conduct a study to identify unused, 

22 underused, or additional water storage capacity at 

23 reservoirs; 

24 (2) review an operational plan and identify any 

25 change to maximize an authorized project purpose to 


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1 improve water storage capacity and enhance effi2 ciency of releases and withdrawal of water; 

3 (3) improve and update data, data collection, 

4 and forecasting models to maximize an authorized 

5 project purpose and improve water storage capacity 

6 and delivery to water users; and 

7 (4) conduct a sediment study and implement 

8 any sediment management or removal measure. 

9 (d) REVENUES FOR SPECIAL CASES.— 

10 (1) COSTS OF WATER SUPPLY STORAGE.—In 

11 the case of a reservoir operated or maintained by the 

12 Corps of Engineers on the date of enactment of this 

13 Act, the storage charge for a future contract or con14 tract renewal for the first cost of water supply stor15 age at the reservoir shall be the lesser of the esti16 mated cost of purposes foregone, replacement costs, 

17 or the updated cost of storage. 

18 (2) REALLOCATION.—In the case of a water 

19 supply that is reallocated from another project pur20 pose to municipal or industrial water supply, the 

21 joint use costs for the reservoir shall be adjusted to 

22 reflect the reallocation of project purposes. 

23 (3) CREDIT FOR AFFECTED PROJECT PUR24 POSES.—In the case of a reallocation that adversely 

25 affects hydropower generation, the Secretary shall 


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1 defer to the Administrator of the respective Power 

2 Marketing Administration to calculate the impact of 

3 such a reallocation on the rates for hydroelectric 

4 power. 

5 SEC. 2020. FEDERAL HOPPER DREDGES. 

6 Section 3(c)(7)(B) of the Act of August 11, 1888 (33 

7 U.S.C. 622; 25 Stat. 423), is amended by adding at the 

8 end the following: ‘‘This subparagraph shall not apply to 

9 the Federal hopper dredges Essayons and Yaquina of the 

10 Corps of Engineers.’’. 

11 SEC. 2021. EXTRAORDINARY RAINFALL EVENTS. 

12 In the State of Louisiana, extraordinary rainfall 

13 events such as Hurricanes Katrina and Rita, which oc14 curred during calendar year 2005, and Hurricane Andrew, 

15 which occurred during calendar year 1992, shall not be 

16 considered in making a determination with respect to the 

17 ordinary high water mark for purposes of carrying out sec18 tion 10 of the Act of March 3, 1899 (33 U.S.C. 403) 

19 (commonly known as the ‘‘Rivers and Harbors Act’’). 

20 SEC. 2022. WILDFIRE FIREFIGHTING. 

21 Section 309 of Public Law 102–154 (42 U.S.C. 

22 1856a–1; 105 Stat. 1034) is amended by inserting ‘‘the 

23 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’. 


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1 SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS. 

2 Section 221(b) of the Flood Control Act of 1970 (42 

3 U.S.C. 1962d–5b(b)) is amended— 

4 (1) by striking ‘‘A non-Federal interest shall 

5 be’’ and inserting the following: 

6 ‘‘(1) IN GENERAL.—In this section, the term 

7 ‘non-Federal interest’ means’’; and 

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

9 ‘‘(2) INCLUSIONS.—The term ‘non-Federal in10 terest’ includes a nonprofit organization acting with 

11 the consent of the affected unit of government.’’. 

12 SEC. 2024. PROJECT ADMINISTRATION. 

13 (a) PROJECT TRACKING.—The Secretary shall assign 

14 a unique tracking number to each water resources project 

15 under the jurisdiction of the Secretary, to be used by each 

16 Federal agency throughout the life of the project. 

17 (b) REPORT REPOSITORY.— 

18 (1) IN GENERAL.—The Secretary shall main19 tain at the Library of Congress a copy of each final 

20 feasibility study, final environmental impact state21 ment, final reevaluation report, record of decision, 

22 and report to Congress prepared by the Corps of 

23 Engineers. 

24 (2) AVAILABILITY TO PUBLIC.— 

25 (A) IN GENERAL.—Each document de26 scribed in paragraph (1) shall be made available 


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1 to the public for review, and an electronic copy 

2 of each document shall be made permanently 

3 available to the public through the Internet 

4 website of the Corps of Engineers. 

5 (B) COST.—The Secretary shall charge the 

6 requestor for the cost of duplication of the re7 quested document. 

8 SEC. 2025. PROGRAM ADMINISTRATION. 

9 Sections 101, 106, and 108 of the Energy and Water 

10 Development Appropriations Act, 2006 (Public Law 109– 

11 103; 119 Stat. 2252–2254), are repealed. 

12 SEC. 2026. EXTENSION OF SHORE PROTECTION PROJECTS. 

13 (a) IN GENERAL.—Before the date on which the ap14 plicable period for Federal financial participation in a 

15 shore protection project terminates, the Secretary, acting 

16 through the Chief of Engineers, is authorized to review 

17 the shore protection project to determine whether it would 

18 be feasible to extend the period of Federal financial par19 ticipation relating to the project. 

20 (b) REPORT.—The Secretary shall submit to Con21 gress a report describing the results of each review con22 ducted under subsection (a). 


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1 Subtitle B—Continuing Authorities 

2 Projects 

3 SEC. 2031. NAVIGATION ENHANCEMENTS FOR 

4 WATERBOURNE TRANSPORTATION. 

5 Section 107 of the River and Harbor Act of 1960 

6 (33 U.S.C. 577) is amended— 

7 (1) by striking ‘‘SEC. 107. (a) That the Sec8 retary of the Army is hereby authorized to’’ and in9 serting the following: 

10 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR 

11 WATERBOURNE TRANSPORTATION. 

12 ‘‘(a) IN GENERAL.—The Secretary of the Army 

13 may’’; 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘(b) Not more’’ and insert16 ing the following: 

17 ‘‘(b) ALLOTMENT.—Not more’’; and 

18 (B) by striking ‘‘$4,000,000’’ and insert19 ing ‘‘$7,000,000’’; 

20 (3) in subsection (c), by striking ‘‘(c) Local’’ 

21 and inserting the following: 

22 ‘‘(c) LOCAL CONTRIBUTIONS.—Local’’; 

23 (4) in subsection (d), by striking ‘‘(d) Non-Fed24 eral’’ and inserting the following: 

25 ‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’; 


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1 (5) in subsection (e), by striking ‘‘(e) Each’’ 

2 and inserting the following: 

3 ‘‘(e) COMPLETION.—Each’’; and 

4 (6) in subsection (f), by striking ‘‘(f) This’’ and 

5 inserting the following: 

6 ‘‘(f) APPLICABILITY.—This’’. 

7 SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER8 GENCIES AT SHORES AND STREAMBANKS. 

9 Section 14 of the Flood Control Act of 1946 (33 

10 U.S.C. 701r) is amended— 

11 (1) by striking ‘‘$15,000,000’’ and inserting 

12 ‘‘$20,000,000’’; and 

13 (2) by striking ‘‘$1,000,000’’ and inserting 

14 ‘‘$1,500,000’’. 

15 SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO16 TECTION OF AQUATIC AND RIPARIAN ECO17 SYSTEMS PROGRAM. 

18 Section 206 of the Water Resources Development Act 

19 of 1996 (33 U.S.C. 2330) is amended— 

20 (1) by striking the section heading and insert21 ing 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 

12 Act of 1986 (33 U.S.C. 2309a) is amended— 

13 (1) by striking the section heading and insert14 ing 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 

7 cost of construction of any project under this section— 

8 (1) shall be 35 percent; and 

9 (2) shall include the costs of all land, ease10 ments, 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 Sec14 retary to pay— 

15 (1) the non-Federal share of the costs of con16 struction required under subsection (b); and 

17 (2) in accordance with regulations promulgated 

18 by the Secretary, 100 percent of the costs of any op19 eration, maintenance, replacement, or rehabilitation 

20 of 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 amend6 ed— 

7 (1) by striking subsection (f); 

8 (2) by redesignating subsections (a) through (e) 

9 as subsections (b) through (f), respectively; 

10 (3) by inserting before subsection (b) (as redes11 ignated by paragraph (2)) the following: 

12 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In 

13 this section, the term ‘non-Federal interest’ includes, with 

14 the consent of the affected local government, nonprofit en15 tities, notwithstanding section 221 of the Flood Control 

16 Act of 1970 (42 U.S.C. 1962d–5b).’’; 

17 (4) in subsection (b) (as redesignated by para18 graph (2))— 

19 (A) by inserting ‘‘, and construction’’ be20 fore ‘‘assistance’’; and 

21 (B) by inserting ‘‘, including, with the con22 sent of the affected local government, nonprofit 

23 entities,’’ after ‘‘non-Federal interests’’; 

24 (5) in paragraph (3) of subsection (c) (as redes25 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’’; 

6 and 

7 (7) by adding at the end the following: 

8 ‘‘(g) OPERATION AND MAINTENANCE.—The non9 Federal share of the costs of operation and maintenance 

10 for a project carried out under this section shall be 100 

11 percent. 

12 ‘‘(h) NO EFFECT ON LIABILITY.—The provision of 

13 assistance under this section shall not relieve from liability 

14 any person that would otherwise be liable under Federal 

15 or State law for damages, response costs, natural resource 

16 damages, restitution, equitable relief, or any other relief. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section for 

19 each fiscal year $45,000,000, to remain available until ex20 pended.’’. 

21 SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION 

22 AND REMOVAL OF DAMS. 

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

24 small dam removal or rehabilitation project if the SecVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 retary determines that the project will improve the quality 

2 of the environment or is in the public interest. 

3 (b) COST SHARING.—A non-Federal interest shall 

4 provide 35 percent of the cost of the removal or remedi5 ation of any project carried out under this section, includ6 ing provision of all land, easements, rights-of-way, and 

7 necessary relocations. 

8 (c) AGREEMENTS.—Construction of a project under 

9 this section shall be commenced only after a non-Federal 

10 interest has entered into a binding agreement with the 

11 Secretary to pay— 

12 (1) the non-Federal share of the costs of con13 struction required by this section; and 

14 (2) 100 percent of any operation and mainte15 nance cost. 

16 (d) COST LIMITATION.—Not more than $5,000,000 

17 in Federal funds may be allotted under this section for 

18 a project at any single location. 

19 (e) FUNDING.—There is authorized to be appro20 priated to carry out this section $25,000,000 for each fis21 cal year. 

22 SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES. 

23 (a) IN GENERAL.—The Secretary shall develop eligi24 bility criteria for Federal participation in navigation 


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1 projects located in economically disadvantaged commu2 nities that are— 

3 (1) dependent on water transportation for sub4 sistence; and 

5 (2) located in— 

6 (A) remote areas of the United States; 

7 (B) American Samoa; 

8 (C) Guam; 

9 (D) the Commonwealth of the Northern 

10 Mariana Islands; 

11 (E) the Commonwealth of Puerto Rico; or 

12 (F) the United States Virgin Islands. 

13 (b) ADMINISTRATION.—The criteria developed under 

14 this section— 

15 (1) shall— 

16 (A) provide for economic expansion; and 

17 (B) identify opportunities for promoting 

18 economic growth; and 

19 (2) shall not require project justification solely 

20 on the basis of National Economic Development ben21 efits received. 


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1 SEC. 2039. AGREEMENTS FOR WATER RESOURCE 

2 PROJECTS. 

3 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

4 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is 

5 amended— 

6 (1) by redesignating subsection (e) as sub7 section (g); and 

8 (2) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Sec11 retary determines that a project needs to be continued for 

12 the purpose of public health and safety— 

13 ‘‘(1) the non-Federal interest shall pay the in14 creased projects costs, up to an amount equal to 20 

15 percent of the original estimated project costs and in 

16 accordance with the statutorily-determined cost 

17 share; and 

18 ‘‘(2) notwithstanding the statutorily-determined 

19 Federal share, the Secretary shall pay all increased 

20 costs remaining after payment of 20 percent of the 

21 increased costs by the non-Federal interest under 

22 paragraph (1). 

23 ‘‘(f) LIMITATION.—Nothing in subsection (a) limits 

24 the authority of the Secretary to ensure that a partnership 

25 agreement meets the requirements of law and policies of 


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1 the Secretary in effect on the date of execution of the part2 nership agreement.’’. 

3 (b) LOCAL COOPERATION.—Section 912(b) of the 

4 Water Resources Development Act of 1986 (100 Stat. 

5 4190) is amended— 

6 (1) in paragraph (2)— 

7 (A) in the first sentence, by striking 

8 ‘‘shall’’ and inserting ‘‘may’’; and 

9 (B) by striking the second sentence; and 

10 (2) in paragraph (4)— 

11 (A) in the first sentence— 

12 (i) by striking ‘‘injunction, for’’ and 

13 inserting ‘‘injunction and payment of liq14 uidated damages, for’’; and 

15 (ii) by striking ‘‘to collect a civil pen16 alty imposed under this section,’’; and 

17 (B) in the second sentence, by striking 

18 ‘‘any civil penalty imposed under this section,’’ 

19 and inserting ‘‘any liquidated damages,’’. 

20 (c) APPLICABILITY.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the amendments made by subsections (a) 

23 and (b) shall apply only to partnership agreements 

24 entered into after the date of enactment of this Act. 


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1 (2) EXCEPTION.—Notwithstanding paragraph 

2 (1), the district engineer for the district in which a 

3 project is located may amend the partnership agree4 ment for the project entered into on or before the 

5 date of enactment of this Act— 

6 (A) at the request of a non-Federal inter7 est for a project; and 

8 (B) if construction on the project has not 

9 been initiated as of the date of enactment of 

10 this Act. 

11 (d) REFERENCES.— 

12 (1) COOPERATION AGREEMENTS.—Any ref13 erence in a law, regulation, document, or other 

14 paper of the United States to a cooperation agree15 ment or project cooperation agreement shall be con16 sidered to be a reference to a partnership agreement 

17 or a project partnership agreement, respectively. 

18 (2) PARTNERSHIP AGREEMENTS.—Any ref19 erence to a partnership agreement or project part20 nership agreement in this Act (other than in this 

21 section) shall be considered to be a reference to a co22 operation agreement or a project cooperation agree23 ment, respectively. 


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1 SEC. 2040. PROGRAM NAMES. 

2 Section 205 of the Flood Control Act of 1948 (33 

3 U.S.C. 701s) is amended by striking ‘‘SEC. 205. That the’’ 

4 and inserting the following: 

5 ‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD6 ING AND OBTAIN RISK MINIMIZATION. 

7 ‘‘The’’. 

8 Subtitle C—National Levee Safety 

9 Program 

10 SEC. 2051. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘National Levee 

12 Safety Program Act of 2007’’. 

13 SEC. 2052. DEFINITIONS. 

14 In this subtitle: 

15 (1) ASSESSMENT.—The term ‘‘assessment’’ 

16 means the periodic engineering evaluation of a levee 

17 by a registered professional engineer to— 

18 (A) review the engineering features of the 

19 levee; and 

20 (B) develop a risk-based performance eval21 uation of the levee, taking into consideration 

22 potential consequences of failure or overtopping 

23 of the levee. 

24 (2) COMMITTEE.—The term ‘‘Committee’’ 

25 means the National Levee Safety Committee estab26 lished by section 2053(a). 


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1 (3) INSPECTION.—The term ‘‘inspection’’ 

2 means an annual review of a levee to verify whether 

3 the owner or operator of the levee is conducting re4 quired operation and maintenance in accordance 

5 with established levee maintenance standards. 

6 (4) LEVEE.—The term ‘‘levee’’ means an em7 bankment (including a floodwall) that— 

8 (A) is designed, constructed, or operated 

9 for the purpose of flood or storm damage reduc10 tion; 

11 (B) reduces the risk of loss of human life 

12 or risk to the public safety; and 

13 (C) is not otherwise defined as a dam by 

14 the Federal Guidelines for Dam Safety. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Army, acting through the Chief 

17 of Engineers. 

18 (6) STATE.—The term ‘‘State’’ means— 

19 (A) a State; 

20 (B) the District of Columbia; 

21 (C) the Commonwealth of Puerto Rico; 

22 and 

23 (D) any other territory or possession of the 

24 United States. 


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1 (7) STATE LEVEE SAFETY AGENCY.—The term 

2 ‘‘State levee safety agency’’ means the State agency 

3 that has regulatory authority over the safety of any 

4 non-Federal levee in a State. 

5 (8) UNITED STATES.—The term ‘‘United 

6 States’’, when used in a geographical sense, means 

7 all of the States. 

8 SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE. 

9 (a) ESTABLISHMENT.— 

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

11 a National Levee Safety Committee, consisting of 

12 representatives of Federal agencies and State, tribal, 

13 and local governments, in accordance with this sub14 section. 

15 (2) FEDERAL AGENCIES.— 

16 (A) IN GENERAL.—The head of each Fed17 eral agency and the head of the International 

18 Boundary Waters Commission may designate a 

19 representative to serve on the Committee. 

20 (B) ACTION BY SECRETARY.—The Sec21 retary shall ensure, to the maximum extent 

22 practicable, that— 

23 (i) each Federal agency that designs, 

24 owns, operates, or maintains a levee is rep25 resented on the Committee; and 


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1 (ii) each Federal agency that has re2 sponsibility for emergency preparedness or 

3 response activities is represented on the 

4 Committee. 

5 (3) TRIBAL, STATE, AND LOCAL GOVERN6 MENTS.— 

7 (A) IN GENERAL.—The Secretary shall ap8 point 8 members to the Committee— 

9 (i) 3 of whom shall represent tribal 

10 governments affected by levees, based on 

11 recommendations of tribal governments; 

12 (ii) 3 of whom shall represent State 

13 levee safety agencies, based on rec14 ommendations of Governors of the States; 

15 and 

16 (iii) 2 of whom shall represent local 

17 governments, based on recommendations of 

18 Governors of the States. 

19 (B) REQUIREMENT.—In appointing mem20 bers under subparagraph (A), the Secretary 

21 shall ensure broad geographic representation, to 

22 the maximum extent practicable. 

23 (4) CHAIRPERSON.—The Secretary shall serve 

24 as Chairperson of the Committee. 


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1 (5) OTHER MEMBERS.—The Secretary, in con2 sultation with the Committee, may invite to partici3 pate in meetings of the Committee, as appropriate, 

4 1 or more of the following: 

5 (A) Representatives of the National Lab6 oratories. 

7 (B) Levee safety experts. 

8 (C) Environmental organizations. 

9 (D) Members of private industry. 

10 (E) Any other individual or entity, as the 

11 Committee determines to be appropriate. 

12 (b) DUTIES.— 

13 (1) IN GENERAL.—The Committee shall— 

14 (A) advise the Secretary in implementing 

15 the national levee safety program under section 

16 2054; 

17 (B) support the establishment and mainte18 nance of effective programs, policies, and guide19 lines to enhance levee safety for the protection 

20 of human life and property throughout the 

21 United States; and 

22 (C) support coordination and information 

23 exchange between Federal agencies and State 

24 levee safety agencies that share common prob25 lems and responsibilities relating to levee safety, 


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1 including planning, design, construction, oper2 ation, emergency action planning, inspections, 

3 maintenance, regulation or licensing, technical 

4 or financial assistance, research, and data man5 agement. 

6 (c) POWERS.— 

7 (1) INFORMATION FROM FEDERAL AGENCIES.— 

8 (A) IN GENERAL.—The Committee may 

9 secure directly from a Federal agency such in10 formation as the Committee considers to be 

11 necessary to carry out this section. 

12 (B) PROVISION OF INFORMATION.—On re13 quest of the Committee, the head of a Federal 

14 agency shall provide the information to the 

15 Committee. 

16 (2) CONTRACTS.—The Committee may enter 

17 into any contract the Committee determines to be 

18 necessary to carry out a duty of the Committee. 

19 (d) WORKING GROUPS.— 

20 (1) IN GENERAL.—The Secretary may establish 

21 working groups to assist the Committee in carrying 

22 out this section. 

23 (2) MEMBERSHIP.—A working group under 

24 paragraph (1) shall be composed of— 

25 (A) members of the Committee; and 


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1 (B) any other individual, as the Secretary 

2 determines to be appropriate. 

3 (e) COMPENSATION OF MEMBERS.— 

4 (1) FEDERAL EMPLOYEES.—A member of the 

5 Committee who is an officer or employee of the 

6 United States shall serve without compensation in 

7 addition to compensation received for the services of 

8 the member as an officer or employee of the United 

9 States. 

10 (2) OTHER MEMBERS.—A member of the Com11 mittee who is not an officer or employee of the 

12 United States shall serve without compensation. 

13 (f) TRAVEL EXPENSES.— 

14 (1) REPRESENTATIVES OF FEDERAL AGEN15 CIES.—To the extent amounts are made available in 

16 advance in appropriations Acts, a member of the 

17 Committee who represents a Federal agency shall be 

18 reimbursed with appropriations for travel expenses 

19 by the agency of the member, including per diem in 

20 lieu of subsistence, at rates authorized for an em21 ployee of an agency under subchapter I of chapter 

22 57 of title 5, United States Code, while away from 

23 home or regular place of business of the member in 

24 the performance of services for the Committee. 


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1 (2) OTHER INDIVIDUALS.—To the extent 

2 amounts are made available in advance in appropria3 tions Acts, a member of the Committee who rep4 resents a State levee safety agency, a member of the 

5 Committee who represents the private sector, and a 

6 member of a working group created under sub7 section (d) shall be reimbursed for travel expenses 

8 by the Secretary, including per diem in lieu of sub9 sistence, at rates authorized for an employee of an 

10 agency under subchapter 1 of chapter 57 of title 5, 

11 United States Code, while away from home or reg12 ular place of business of the member in performance 

13 of services for the Committee. 

14 (g) NONAPPLICABILITY OF FACA.—The Federal Ad15 visory Committee Act (5 U.S.C. App.) shall not apply to 

16 the Committee. 

17 SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with the Committee and State levee safety agencies, shall 

20 establish and maintain a national levee safety program. 

21 (b) PURPOSES.—The purposes of the program under 

22 this section are— 

23 (1) to ensure that new and existing levees are 

24 safe through the development of technologically and 


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1 economically feasible programs and procedures for 

2 hazard reduction relating to levees; 

3 (2) to encourage appropriate engineering poli4 cies and procedures to be used for levee site inves5 tigation, design, construction, operation and mainte6 nance, and emergency preparedness; 

7 (3) to encourage the establishment and imple8 mentation of effective levee safety programs in each 

9 State; 

10 (4) to develop and support public education and 

11 awareness projects to increase public acceptance and 

12 support of State levee safety programs; 

13 (5) to develop technical assistance materials for 

14 Federal and State levee safety programs; 

15 (6) to develop methods of providing technical 

16 assistance relating to levee safety to non-Federal en17 tities; and 

18 (7) to develop technical assistance materials, 

19 seminars, and guidelines to improve the security of 

20 levees in the United States. 

21 (c) STRATEGIC PLAN.—In carrying out the program 

22 under this section, the Secretary, in coordination with the 

23 Committee, shall prepare a strategic plan— 


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1 (1) to establish goals, priorities, and target 

2 dates to improve the safety of levees in the United 

3 States; 

4 (2) to cooperate and coordinate with, and pro5 vide assistance to, State levee safety agencies, to the 

6 maximum extent practicable; 

7 (3) to share information among Federal agen8 cies, State and local governments, and private enti9 ties relating to levee safety; and 

10 (4) to provide information to the public relating 

11 to risks associated with levee failure or overtopping. 

12 (d) FEDERAL GUIDELINES.— 

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

14 under this section, the Secretary, in coordination 

15 with the Committee, shall establish Federal guide16 lines relating to levee safety. 

17 (2) INCORPORATION OF FEDERAL ACTIVI18 TIES.—The Federal guidelines under paragraph (1) 

19 shall incorporate, to the maximum extent prac20 ticable, any activity carried out by a Federal agency 

21 as of the date on which the guidelines are estab22 lished. 

23 (e) INCORPORATION OF EXISTING ACTIVITIES.—The 

24 program under this section shall incorporate, to the max25 imum extent practicable— 


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1 (1) any activity carried out by a State or local 

2 government, or a private entity, relating to the con3 struction, operation, or maintenance of a levee; and 

4 (2) any activity carried out by a Federal agency 

5 to support an effort by a State levee safety agency 

6 to develop and implement an effective levee safety 

7 program. 

8 (f) INVENTORY OF LEVEES.—The Secretary shall de9 velop, maintain, and periodically publish an inventory of 

10 levees in the United States, including the results of any 

11 levee assessment conducted under this section and inspec12 tion. 

13 (g) ASSESSMENTS OF LEVEES.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), as soon as practicable after the date of 

16 enactment of this Act, the Secretary shall conduct 

17 an assessment of each levee in the United States 

18 that protects human life or the public safety to de19 termine the potential for a failure or overtopping of 

20 the levee that would pose a risk of loss of human life 

21 or a risk to the public safety. 

22 (2) EXCEPTION.—The Secretary may exclude 

23 from assessment under paragraph (1) any non-Fed24 eral levee the failure or overtopping of which would 


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1 not pose a risk of loss of human life or a risk to the 

2 public safety. 

3 (3) PRIORITIZATION.—In determining the order 

4 in which to assess levees under paragraph (1), the 

5 Secretary shall give priority to levees the failure or 

6 overtopping of which would constitute the highest 

7 risk of loss of human life or a risk to the public safe8 ty, as determined by the Secretary. 

9 (4) DETERMINATION.—In assessing levees 

10 under paragraph (1), the Secretary shall take into 

11 consideration the potential of a levee to fail or 

12 overtop because of— 

13 (A) hydrologic or hydraulic conditions; 

14 (B) storm surges; 

15 (C) geotechnical conditions; 

16 (D) inadequate operating procedures; 

17 (E) structural, mechanical, or design defi18 ciencies; or 

19 (F) other conditions that exist or may 

20 occur in the vicinity of the levee. 

21 (5) STATE PARTICIPATION.—On request of a 

22 State levee safety agency, with respect to any levee 

23 the failure of which would affect the State, the Sec24 retary shall— 


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1 (A) provide information to the State levee 

2 safety agency relating to the construction, oper3 ation, and maintenance of the levee; and 

4 (B) allow an official of the State levee 

5 safety agency to participate in the assessment 

6 of the levee. 

7 (6) REPORT.—As soon as practicable after the 

8 date on which a levee is assessed under this section, 

9 the Secretary shall provide to the Governor of the 

10 State in which the levee is located a notice describ11 ing the results of the assessment, including— 

12 (A) a description of the results of the as13 sessment under this subsection; 

14 (B) a description of any hazardous condi15 tion discovered during the assessment; and 

16 (C) on request of the Governor, informa17 tion relating to any remedial measure necessary 

18 to mitigate or avoid any hazardous condition 

19 discovered during the assessment. 

20 (7) SUBSEQUENT ASSESSMENTS.— 

21 (A) IN GENERAL.—After the date on which 

22 a levee is initially assessed under this sub23 section, the Secretary shall conduct a subse24 quent assessment of the levee not less fre25 quently than once every 5 years. 


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1 (B) STATE ASSESSMENT OF NON-FEDERAL

2 LEVEES.— 

3 (i) IN GENERAL.—Each State shall 

4 conduct assessments of non-Federal levees 

5 located within the State in accordance with 

6 the applicable State levee safety program. 

7 (ii) AVAILABILITY OF INFORMA8 TION.—Each State shall make the results 

9 of the assessments under clause (i) avail10 able for inclusion in the national inventory 

11 under subsection (f). 

12 (iii) NON-FEDERAL LEVEES.— 

13 (I) IN GENERAL.—On request of 

14 the Governor of a State, the Secretary 

15 may assess a non-Federal levee in the 

16 State. 

17 (II) COST.—The State shall pay 

18 100 percent of the cost of an assess19 ment under subclause (I). 

20 (III) FUNDING.—The Secretary 

21 may accept funds from any levee 

22 owner for the purposes of conducting 

23 engineering assessments to determine 

24 the performance and structural integ25 rity of a levee. 


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1 (h) STATE LEVEE SAFETY PROGRAMS.— 

2 (1) ASSISTANCE TO STATES.—In carrying out 

3 the program under this section, the Secretary shall 

4 provide funds to State levee safety agencies (or an5 other appropriate State agency, as designated by the 

6 Governor of the State) to assist States in estab7 lishing, maintaining, and improving levee safety pro8 grams. 

9 (2) APPLICATION.— 

10 (A) IN GENERAL.—To receive funds under 

11 this subsection, a State levee safety agency 

12 shall submit to the Secretary an application in 

13 such time, in such manner, and containing such 

14 information as the Secretary may require. 

15 (B) INCLUSION.—An application under 

16 subparagraph (A) shall include an agreement 

17 between the State levee safety agency and the 

18 Secretary under which the State levee safety 

19 agency shall, in accordance with State law— 

20 (i) review and approve plans and spec21 ifications to construct, enlarge, modify, re22 move, or abandon a levee in the State; 

23 (ii) perform periodic evaluations dur24 ing levee construction to ensure compliance 

25 with the approved plans and specifications; 


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1 (iii) approve the construction of a 

2 levee in the State before the date on which 

3 the levee becomes operational; 

4 (iv) assess, at least once every 5 

5 years, all levees and reservoirs in the State 

6 the failure of which would cause a signifi7 cant risk of loss of human life or risk to 

8 the public safety to determine whether the 

9 levees and reservoirs are safe; 

10 (v) establish a procedure for more de11 tailed and frequent safety evaluations; 

12 (vi) ensure that assessments are led 

13 by a State-registered professional engineer 

14 with related experience in levee design and 

15 construction; 

16 (vii) issue notices, if necessary, to re17 quire owners of levees to perform necessary 

18 maintenance or remedial work, improve se19 curity, revise operating procedures, or take 

20 other actions, including breaching levees; 

21 (viii) contribute funds to— 

22 (I) ensure timely repairs or other 

23 changes to, or removal of, a levee in 

24 order to reduce the risk of loss of 


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1 human life and the risk to public safe2 ty; and 

3 (II) if the owner of a levee does 

4 not take an action described in sub5 clause (I), take appropriate action as 

6 expeditiously as practicable; 

7 (ix) establish a system of emergency 

8 procedures and emergency response plans 

9 to be used if a levee fails or if the failure 

10 of a levee is imminent; 

11 (x) identify— 

12 (I) each levee the failure of which 

13 could be reasonably expected to en14 danger human life; 

15 (II) the maximum area that 

16 could be flooded if a levee failed; and 

17 (III) necessary public facilities 

18 that would be affected by the flooding; 

19 and 

20 (xi) for the period during which the 

21 funds are provided, maintain or exceed the 

22 aggregate expenditures of the State during 

23 the 2 fiscal years preceding the fiscal year 

24 during which the funds are provided to en25 sure levee safety. 


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1 (3) DETERMINATION OF SECRETARY.— 

2 (A) IN GENERAL.—Not later than 120 

3 days after the date on which the Secretary re4 ceives an application under paragraph (2), the 

5 Secretary shall approve or disapprove the appli6 cation. 

7 (B) NOTICE OF DISAPPROVAL.—If the Sec8 retary disapproves an application under sub9 paragraph (A), the Secretary shall immediately 

10 provide to the State levee safety agency a writ11 ten notice of the disapproval, including a de12 scription of— 

13 (i) the reasons for the disapproval; 

14 and 

15 (ii) changes necessary for approval of 

16 the application, if any. 

17 (C) FAILURE TO DETERMINE.—If the Sec18 retary fails to make a determination by the 

19 deadline under subparagraph (A), the applica20 tion shall be considered to be approved. 

21 (4) REVIEW OF STATE LEVEE SAFETY PRO22 GRAMS.— 

23 (A) IN GENERAL.—The Secretary, in con24 junction with the Committee, may periodically 


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1 review any program carried out using funds 

2 under this subsection. 

3 (B) INADEQUATE PROGRAMS.—If the Sec4 retary determines under a review under sub5 paragraph (A) that a program is inadequate to 

6 reasonably protect human life and property, the 

7 Secretary shall, until the Secretary determines 

8 the program to be adequate— 

9 (i) revoke the approval of the pro10 gram; and 

11 (ii) withhold assistance under this 

12 subsection. 

13 (i) REPORTING.—Not later than 90 days after the 

14 end of each odd-numbered fiscal year, the Secretary, in 

15 consultation with the Committee, shall submit to Congress 

16 a report describing— 

17 (1) the status of the program under this sec18 tion; 

19 (2) the progress made by Federal agencies dur20 ing the 2 preceding fiscal years in implementing 

21 Federal guidelines for levee safety; 

22 (3) the progress made by State levee safety 

23 agencies participating in the program; and 


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1 (4) recommendations for legislative or other ac2 tion that the Secretary considers to be necessary, if 

3 any. 

4 (j) RESEARCH.—The Secretary, in coordination with 

5 the Committee, shall carry out a program of technical and 

6 archival research to develop and support— 

7 (1) improved techniques, historical experience, 

8 and equipment for rapid and effective levee construc9 tion, rehabilitation, and assessment or inspection; 

10 (2) the development of devices for the continued 

11 monitoring of levee safety; 

12 (3) the development and maintenance of infor13 mation resources systems required to manage levee 

14 safety projects; and 

15 (4) public policy initiatives and other improve16 ments relating to levee safety engineering, security, 

17 and management. 

18 (k) PARTICIPATION BY STATE LEVEE SAFETY AGEN19 CIES.—In carrying out the levee safety program under this 

20 section, the Secretary shall— 

21 (1) solicit participation from State levee safety 

22 agencies; and 

23 (2) periodically update State levee safety agen24 cies and Congress on the status of the program. 


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1 (l) LEVEE SAFETY TRAINING.—The Secretary, in 

2 consultation with the Committee, shall establish a pro3 gram under which the Secretary shall provide training for 

4 State levee safety agency staff and inspectors to a State 

5 that has, or intends to develop, a State levee safety pro6 gram, on request of the State. 

7 (m) EFFECT OF SUBTITLE.—Nothing in this sub8 title— 

9 (1) creates any Federal liability relating to the 

10 recovery of a levee caused by an action or failure to 

11 act; 

12 (2) relieves an owner or operator of a levee of 

13 any legal duty, obligation, or liability relating to the 

14 ownership or operation of the levee; or 

15 (3) except as provided in subsection 

16 (g)(7)(B)(iii)(III), preempts any applicable Federal 

17 or State law. 

18 SEC. 2055. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Sec20 retary— 

21 (1) $50,000,000 to establish and maintain the 

22 inventory under section 2054(f); 

23 (2) $424,000,000 to carry out levee safety as24 sessments under section 2054(g); 


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1 (3) to provide funds for State levee safety pro2 grams under section 2054(h)— 

3 (A) $15,000,000 for fiscal year 2007; and 

4 (B) $5,000,000 for each of fiscal years 

5 2008 through 2011; 

6 (4) $2,000,000 to carry out research under sec7 tion 2054(j); 

8 (5) $1,000,000 to carry out levee safety train9 ing under section 2054(l); and 

10 (6) $150,000 to provide travel expenses to 

11 members of the Committee under section 2053(f). 

12 TITLE III—PROJECT-RELATED 

13 PROVISIONS 

14 SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

15 ALASKA. 

16 The Secretary shall carry out, on an emergency basis, 

17 necessary removal of rubble, sediment, and rock impeding 

18 the entrance to the St. Herman and St. Paul Harbors, 

19 Kodiak, Alaska, at a Federal cost of $2,000,000. 

20 SEC. 3002. SITKA, ALASKA. 

21 The Sitka, Alaska, element of the project for naviga22 tion, Southeast Alaska Harbors of Refuge, Alaska, author23 ized by section 101 of the Water Resources Development 

24 Act of 1992 (106 Stat. 4801), is modified to direct the 

25 Secretary to take such action as is necessary to correct 


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1 design deficiencies in the Sitka Harbor Breakwater, at full 

2 Federal expense. The estimated cost is $6,300,000. 

3 SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. 

4 (a) IN GENERAL.—The Secretary shall construct a 

5 new project management office located in the city of Tus6 caloosa, Alabama, at a location within the vicinity of the 

7 city, at full Federal expense. 

8 (b) TRANSFER OF LAND AND STRUCTURES.—The 

9 Secretary shall sell, convey, or otherwise transfer to the 

10 city of Tuscaloosa, Alabama, at fair market value, the land 

11 and structures associated with the existing project man12 agement office, if the city agrees to assume full responsi13 bility for demolition of the existing project management 

14 office. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out subsection (a) 

17 $32,000,000. 

18 SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA. 

19 The project for flood damage reduction, Rio De Flag, 

20 Flagstaff, Arizona, authorized by section 101(b)(3) of the 

21 Water Resources Development Act of 2000 (114 Stat. 

22 2576), is modified to authorize the Secretary to construct 

23 the project at a total cost of $54,100,000, with an esti24 mated Federal cost of $35,000,000 and a non-Federal cost 

25 of $19,100,000. 


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1 SEC. 3005. AUGUSTA AND CLARENDON, ARKANSAS. 

2 The Secretary may carry out rehabilitation of author3 ized and completed levees on the White River between Au4 gusta and Clarendon, Arkansas, at a total estimated cost 

5 of $8,000,000, with an estimated Federal cost of 

6 $5,200,000 and an estimated non-Federal cost of 

7 $2,800,000. 

8 SEC. 3006. RED-OUACHITA RIVER BASIN LEVEES, ARKAN9 SAS AND LOUISIANA. 

10 (a) IN GENERAL.—Section 204 of the Flood Control 

11 Act of 1950 (64 Stat. 170) is amended in the matter 

12 under the heading ‘‘RED-OUACHITA RIVER BASIN’’ 

13 by striking ‘‘at Calion, Arkansas’’ and inserting ‘‘improve14 ments at Calion, Arkansas (including authorization for the 

15 comprehensive flood-control project for Ouachita River 

16 and tributaries, incorporating in the project all flood con17 trol, drainage, and power improvements in the basin above 

18 the lower end of the left bank Ouachita River levee)’’. 

19 (b) MODIFICATION.—Section 3 of the Act of August 

20 18, 1941 (55 Stat. 642, chapter 377), is amended in the 

21 second sentence of subsection (a) in the matter under the 

22 heading ‘‘LOWER MISSISSIPPI RIVER’’ by inserting 

23 before the period at the end the following: ‘‘Provided, That 

24 the Ouachita River Levees, Louisiana, authorized by the 

25 first section of the Act of May 15, 1928 (45 Stat. 534, 

26 chapter 569), shall remain as a component of the MisVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 sissippi River and Tributaries Project and afforded oper2 ation and maintenance responsibilities as directed in sec3 tion 3 of that Act (45 Stat. 535)’’. 

4 SEC. 3007. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI. 

5 (a) IN GENERAL.—The project for flood control, St. 

6 Francis River Basin, Arkansas, and Missouri, authorized 

7 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), 

8 as modified, is further modified to authorize the Secretary 

9 to undertake channel stabilization and sediment removal 

10 measures on the St. Francis River and tributaries as an 

11 integral part of the original project. 

12 (b) NO SEPARABLE ELEMENT.—The measures un13 dertaken under subsection (a) shall not be considered to 

14 be a separable element of the project. 

15 SEC. 3008. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS 

16 AND MISSOURI. 

17 (a) IN GENERAL.—The Secretary shall convey to the 

18 State of Arkansas, without monetary consideration and 

19 subject to subsection (b), all right, title, and interest to 

20 land within the State acquired by the Federal Government 

21 as mitigation land for the project for flood control, St. 

22 Francis Basin, Arkansas and Missouri Project, authorized 

23 by the Act of May 15, 1928 (33 U.S.C. 702a et seq.) 

24 (commonly known as the ‘‘Flood Control Act of 1928’’). 

25 (b) TERMS AND CONDITIONS.— 


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1 (1) IN GENERAL.—The conveyance by the 

2 United States under this section shall be subject 

3 to— 

4 (A) the condition that the State of Arkan5 sas (including the successors and assigns of the 

6 State) agree to operate, maintain, and manage 

7 the land at no cost or expense to the United 

8 States and for fish and wildlife, recreation, and 

9 environmental purposes; and 

10 (B) such other terms and conditions as the 

11 Secretary determines to be in the interest of the 

12 United States. 

13 (2) REVERSION.—If the State (or a successor 

14 or assign of the State) ceases to operate, maintain, 

15 and manage the land in accordance with this sub16 section, all right, title, and interest in and to the 

17 property shall revert to the United States, at the op18 tion of the Secretary. 

19 SEC. 3009. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA20 TION SYSTEM, ARKANSAS AND OKLAHOMA. 

21 (a) NAVIGATION CHANNEL.—The Secretary shall 

22 continue construction of the McClellan-Kerr Arkansas 

23 River Navigation System, Arkansas and Oklahoma, to op24 erate and maintain the navigation channel to the author25 ized depth of the channel, in accordance with section 136 


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1 of the Energy and Water Development Appropriations 

2 Act, 2004 (Public Law 108–137; 117 Stat. 1842). 

3 (b) MITIGATION.— 

4 (1) IN GENERAL.—As mitigation for any inci5 dental taking relating to the McClellan-Kerr Naviga6 tion System, the Secretary shall determine the need 

7 for, and construct modifications in, the structures 

8 and operations of the Arkansas River in the area of 

9 Tulsa County, Oklahoma, including the construction 

10 of low water dams and islands to provide nesting 

11 and foraging habitat for the interior least tern, in 

12 accordance with the study entitled ‘‘Arkansas River 

13 Corridor Master Plan Planning Assistance to 

14 States’’. 

15 (2) COST SHARING.—The non-Federal share of 

16 the cost of a project under this subsection shall be 

17 35 percent. 

18 (3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection $12,000,000. 

21 SEC. 3010. CACHE CREEK BASIN, CALIFORNIA. 

22 (a) IN GENERAL.—The project for flood control, 

23 Cache Creek Basin, California, authorized by section 

24 401(a) of the Water Resources Development Act of 1986 

25 (100 Stat. 4112), is modified to direct the Secretary to 


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1 mitigate the impacts of the new south levee of the Cache 

2 Creek settling basin on the storm drainage system of the 

3 city of Woodland, including all appurtenant features, ero4 sion control measures, and environmental protection fea5 tures. 

6 (b) OBJECTIVES.—Mitigation under subsection (a) 

7 shall restore the pre-project capacity of the city (1,360 

8 cubic 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 

16 is 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 au23 thorized to be appropriated to carry out projects described 

24 in 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. 

5 279), is modified to include the diked bayland parcel 

6 known as ‘‘Bel Marin Keys Unit V’’ at an estimated total 

7 cost of $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 

10 the Secretary substantially in accordance with the plans, 

11 and subject to the conditions, recommended in the final 

12 report of the Chief of Engineers dated July 19, 2004. 

13 SEC. 3013. LA–3 DREDGED MATERIAL OCEAN DISPOSAL 

14 SITE DESIGNATION, CALIFORNIA. 

15 Section 102(c)(4) of the Marine Protection, Re16 search, and Sanctuaries Act of 1972 (33 U.S.C. 

17 1412(c)(4)) is amended in the third sentence by striking 

18 ‘‘January 1, 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 sec22 tion 601(d) of the Water Resources Development Act of 

23 1986 (100 Stat. 4148), is modified to direct the Secretary 

24 to prepare a limited reevaluation report to determine 

25 whether 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 

6 Creek, California, authorized by section 501(a) of the 

7 Water Resources Development Act of 1999 (113 Stat. 

8 333), is modified to authorize the Secretary to complete 

9 the project, in accordance with the requirements of local 

10 cooperation as specified in section 5 of the Watershed Pro11 tection and Flood Prevention Act (16 U.S.C. 1005), at 

12 a total remaining cost of $105,000,000, with an estimated 

13 remaining Federal cost of $65,000,000 and an estimated 

14 remaining non-Federal cost of $40,000,000. 

15 SEC. 3016. MAGPIE CREEK, CALIFORNIA. 

16 (a) IN GENERAL.—Subject to subsection (b), the 

17 project for Magpie Creek, California, authorized by section 

18 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 

19 is modified to direct the Secretary to apply the cost-shar20 ing requirements applicable to nonstructural flood control 

21 under section 103(b) of the Water Resources Development 

22 Act of 1986 (100 Stat. 4085) for the portion of the project 

23 consisting of land acquisition to preserve and enhance ex24 isting floodwater storage. 


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1 (b) CREDITING.—The crediting allowed under sub2 section (a) shall not exceed the non-Federal share of the 

3 cost 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 


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1 Fish and Game and the Kings River Water As2 sociation and the Kings River Conservation 

3 District; 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 

8 of the agreement described in subsection (a)(2), the 

9 Secretary shall participate in the planning, design, 

10 and construction of projects and pilot projects on 

11 the Kings River and its tributaries to enhance 

12 aquatic habitat and water availability for fisheries 

13 purposes (including maintenance of a trout fishery) 

14 in accordance with flood control operations, water 

15 rights, and beneficial uses in existence as of the date 

16 of enactment 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 en21 hance water transfers; and 

22 (B) projects to carry out water exchanges 

23 and create opportunities to use floodwater with24 in 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 

3 project for the raising of Pine Flat Dam or the construc4 tion of a multilevel intake structure at Pine Flat Dam. 

5 (d) USE OF EXISTING STUDIES.—In carrying out 

6 this section, the Secretary shall use, to the maximum ex7 tent practicable, studies in existence on the date of enact8 ment of this Act, including data and environmental docu9 mentation in the document entitled ‘‘Final Feasibility Re10 port and Report of the Chief of Engineers for Pine Flat 

11 Dam Fish and Wildlife Habitat Restoration’’ and dated 

12 July 19, 2002. 

13 (e) COST SHARING.— 

14 (1) PROJECT PLANNING, DESIGN, AND CON15 STRUCTION.—The Federal share of the cost of plan16 ning, design, and construction of a project under 

17 subsection (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) 

23 the value, regardless of the date of acquisition, 

24 of any land, easements, rights-of-way, dredged 

25 material disposal areas, or relocations provided 


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1 by the non-Federal interest for use in carrying 

2 out 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 

7 in-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 

24 toward that portion of the non-Federal share of the 

25 cost of any flood damage reduction project authorVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 ized before the date of enactment of this Act that 

2 is to be paid by the Sacramento Area Flood Control 

3 Agency an amount equal to the Federal share of the 

4 flood control project authorized by section 9159 of 

5 the Department of Defense Appropriations Act, 

6 1993 (106 Stat. 1944). 

7 (2) FEDERAL SHARE.—In determining the Fed8 eral share of the project authorized by section 

9 9159(b) of that Act, the Secretary shall include all 

10 audit verified costs for planning, engineering, con11 struction, acquisition of project land, easements, 

12 rights-of-way, relocations, and environmental mitiga13 tion for all project elements that the Secretary de14 termines to be 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 

22 and Water Development Appropriations Act, 2006 (Public 

23 Law 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 

3 Secretaries’’ 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’’; 

12 and 

13 (5) by adding at the end the following: 

14 ‘‘(4) PROJECT ALTERNATIVE SOLUTIONS

15 STUDY.—The Secretaries, in cooperation with non16 Federal agencies, are directed to expedite their re17 spective activities, including the formulation of all 

18 necessary studies and decision documents, in fur19 therance of the collaborative effort known as the 

20 ‘Project Alternative Solutions Study’, as well as 

21 planning, engineering, and design, including prepa22 ration of plans and specifications, of any features 

23 recommended for authorization by the Secretary of 

24 the Army under paragraph (6). 


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1 ‘‘(5) CONSOLIDATION OF TECHNICAL REVIEWS

2 AND DESIGN ACTIVITIES.—The Secretary of the 

3 Army shall consolidate technical reviews and design 

4 activities for— 

5 ‘‘(A) the project for flood damage reduc6 tion authorized by section 101(a)(6) of the 

7 Water Resources Development Act of 1999 

8 (113 Stat. 274); and 

9 ‘‘(B) the project for flood damage reduc10 tion, dam safety, and environmental restoration 

11 authorized by sections 128 and 134 of the En12 ergy and Water Development Appropriations 

13 Act, 2004 (117 Stat. 1838, 1842). 

14 ‘‘(6) REPORT.—The recommendations of the 

15 Secretary of the Army, along with the views of the 

16 Secretary of the Interior and relevant non-Federal 

17 agencies resulting from the activities directed in 

18 paragraphs (4) and (5), shall be submitted to the 

19 Committee on Environment and Public Works of the 

20 Senate and the Committee on Transportation and 

21 Infrastructure of the House of Representatives by 

22 not later than June 30, 2007, and the Secretary of 

23 the Army shall provide a status report by not later 

24 than April 30, 2007. 


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1 ‘‘(7) EFFECT.—Nothing in this section shall be 

2 deemed as deauthorizing the full range of project 

3 features and parameters of the projects listed in 

4 paragraph (5), nor shall it limit any previous au5 thorizations granted by Congress.’’. 

6 SEC. 3020. CONDITIONAL DECLARATION OF NONNAVIGA7 BILITY, PORT OF SAN FRANCISCO, CALI8 FORNIA. 

9 (a) CONDITIONAL DECLARATION OF NONNAVIGA10 BILITY.—If the Secretary determines, in consultation with 

11 appropriate Federal and non-Federal entities, that 

12 projects proposed to be carried out by non-Federal entities 

13 within the portions of the San Francisco, California, wa14 terfront described in subsection (b) are in the public inter15 est, the portions shall be declared not to be navigable 

16 water of the United States for the purposes of section 9 

17 of the Act of March 3, 1899 (33 U.S.C. 401), and the 

18 General Bridge Act of 1946 (33 U.S.C. 525 et seq.). 

19 (b) PORTIONS OF WATERFRONT.—The portions of 

20 the San Francisco, California, waterfront referred to in 

21 subsection (a) are those that are, or will be, bulkheaded, 

22 filled, or otherwise occupied by permanent structures and 

23 that are located as follows: beginning at the intersection 

24 of the northeasterly prolongation of the portion of the 

25 northwesterly line of Bryant Street lying between Beale 


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1 Street and Main Street with the southwesterly line of 

2 Spear Street, which intersection lies on the line of jurisdic3 tion of the San Francisco Port Commission; following 

4 thence southerly along said line of jurisdiction as described 

5 in the State of California Harbor and Navigation Code 

6 Section 1770, as amended in 1961, to its intersection with 

7 the easterly line of Townsend Street along a line that is 

8 parallel and distant 10 feet from the existing southern 

9 boundary of Pier 40 to its point of intersection with the 

10 United States Government pier-head line; thence northerly 

11 along said pier-head line to its intersection with a line par12 allel with, and distant 10 feet easterly from, the existing 

13 easterly boundary line of Pier 30–32; thence northerly 

14 along said parallel line and its northerly prolongation, to 

15 a point of intersection with a line parallel with, and distant 

16 10 feet northerly from, the existing northerly boundary of 

17 Pier 30–32, thence westerly along last said parallel line 

18 to its intersection with the United States Government 

19 pier-head line; to the northwesterly line of Bryan Street 

20 northwesterly; thence southwesterly along said northwest21 erly line of Bryant Street to the point of beginning. 

22 (c) REQUIREMENT THAT AREA BE IMPROVED.—If, 

23 by the date that is 20 years after the date of enactment 

24 of this Act, any portion of the San Francisco, California, 

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1 headed, filled, or otherwise occupied by 1 or more perma2 nent structures, or if work in connection with any activity 

3 carried out pursuant to applicable Federal law requiring 

4 a permit, including sections 9 and 10 of the Act of March 

5 3, 1899 (33 U.S.C. 401), is not commenced by the date 

6 that is 5 years after the date of issuance of such a permit, 

7 the declaration of nonnavigability for the portion under 

8 this section shall cease to be effective. 

9 SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA. 

10 (a) DEFINITIONS.—In this section: 

11 (1) SALTON SEA AUTHORITY.—The term 

12 ‘‘Salton Sea Authority’’ means the Joint Powers Au13 thority established under the laws of the State of 

14 California by a joint power agreement signed on 

15 June 2, 1993. 

16 (2) SALTON SEA SCIENCE OFFICE.—The term 

17 ‘‘Salton Sea Science Office’’ means the Office estab18 lished by the United States Geological Survey and 

19 currently located in La Quinta, California. 

20 (b) PILOT PROJECTS.— 

21 (1) IN GENERAL.— 

22 (A) REVIEW.—The Secretary shall review 

23 the preferred restoration concept plan approved 

24 by the Salton Sea Authority to determine 

25 whether the pilot projects are economically jusVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 tified, technically sound, environmentally ac2 ceptable, and meet the objectives of the Salton 

3 Sea Reclamation Act (Public Law 105–372). 

4 (B) IMPLEMENTATION.—If the Secretary 

5 determines that the pilot projects meet the re6 quirements of subparagraph (A), the Secretary 

7 may enter into an agreement with the Salton 

8 Sea Authority and, in consultation with the 

9 Salton Sea Science Office, carry out pilot 

10 projects for improvement of the environment in 

11 the area of the Salton Sea, except that the Sec12 retary shall be a party to each contract for con13 struction under this subsection. 

14 (2) LOCAL PARTICIPATION.—In prioritizing 

15 pilot projects under this section, the Secretary 

16 shall— 

17 (A) consult with the Salton Sea Authority 

18 and the Salton Sea Science Office; and 

19 (B) consider the priorities of the Salton 

20 Sea Authority. 

21 (3) COST SHARING.—Before carrying out a 

22 pilot project under this section, the Secretary shall 

23 enter into a written agreement with the Salton Sea 

24 Authority that requires the non-Federal interest 

25 to— 


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1 (A) pay 35 percent of the total costs of the 

2 pilot project; 

3 (B) provide any land, easements, rights-of4 way, relocations, and dredged material disposal 

5 areas necessary to carry out the pilot project; 

6 and 

7 (C) hold the United States harmless from 

8 any claim or damage that may arise from car9 rying out the pilot project, except any claim or 

10 damage that may arise from the negligence of 

11 the Federal Government or a contractor of the 

12 Federal Government. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out subsection (b) 

15 $26,000,000, of which not more than $5,000,000 may be 

16 used for any 1 pilot project under this section. 

17 SEC. 3022. SANTA BARBARA STREAMS, LOWER MISSION 

18 CREEK, CALIFORNIA. 

19 The project for flood damage reduction, Santa Bar20 bara Streams, Lower Mission Creek, California, author21 ized by section 101(b)(8) of the Water Resources Develop22 ment Act of 2000 (114 Stat. 2577), is modified to author23 ize the Secretary to construct the project at a total cost 

24 of $30,000,000, with an estimated Federal cost of 


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1 $15,000,000 and an estimated non-Federal cost of 

2 $15,000,000. 

3 SEC. 3023. UPPER GUADALUPE RIVER, CALIFORNIA. 

4 The project for flood damage reduction and recre5 ation, Upper Guadalupe River, California, authorized by 

6 section 101(a)(9) of the Water Resources Development 

7 Act of 1999 (113 Stat. 275), is modified to authorize the 

8 Secretary to construct the project generally in accordance 

9 with the Upper Guadalupe River Flood Damage Reduc10 tion, San Jose, California, Limited Reevaluation Report, 

11 dated March, 2004, at a total cost of $244,500,000, with 

12 an estimated Federal cost of $130,600,000 and an esti13 mated non-Federal cost of $113,900,000. 

14 SEC. 3024. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

15 The project for flood damage reduction, Yuba River 

16 Basin, California, authorized by section 101(a)(10) of the 

17 Water Resources Development Act of 1999 (113 Stat. 

18 275), is modified to authorize the Secretary to construct 

19 the project at a total cost of $107,700,000, with an esti20 mated Federal cost of $70,000,000 and an estimated non21 Federal cost of $37,700,000. 

22 SEC. 3025. CHARLES HERVEY TOWNSHEND BREAKWATER, 

23 NEW HAVEN HARBOR, CONNECTICUT. 

24 The western breakwater for the project for naviga25 tion, New Haven Harbor, Connecticut, authorized by the 


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1 first section of the Act of September 19, 1890 (26 Stat. 

2 426), shall be known and designated as the ‘‘Charles 

3 Hervey Townshend Breakwater’’. 

4 SEC. 3026. ANCHORAGE AREA, NEW LONDON HARBOR, CON5 NECTICUT. 

6 (a) IN GENERAL.—The portion of the project for 

7 navigation, New London Harbor, Connecticut, authorized 

8 by the Act of June 13, 1902 (32 Stat. 333), that consists 

9 of a 23-foot waterfront channel described in subsection 

10 (b), is deauthorized. 

11 (b) DESCRIPTION OF CHANNEL.—The channel re12 ferred to in subsection (a) may be described as beginning 

13 at a point along the western limit of the existing project, 

14 N. 188, 802.75, E. 779, 462.81, thence running north15 easterly about 1,373.88 feet to a point N. 189, 554.87, 

16 E. 780, 612.53, thence running southeasterly about 

17 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, 

18 thence running southwesterly about 831.58 feet to a point 

19 N. 188, 864.63, E. 780, 288.08, thence running south20 easterly about 567.39 feet to a point N. 188, 301.88, E. 

21 780, 360.49, thence running northwesterly about 1,027.96 

22 feet to the point of origin. 

23 SEC. 3027. NORWALK HARBOR, CONNECTICUT. 

24 (a) IN GENERAL.—The portions of a 10-foot channel 

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1 necticut, authorized by the first section of the Act of 

2 March 2, 1919 (40 Stat. 1276) and described in sub3 section (b), are not authorized. 

4 (b) DESCRIPTION OF PORTIONS.—The portions of 

5 the channel referred to in subsection (a) are as follows: 

6 (1) RECTANGULAR PORTION.—An approxi7 mately rectangular-shaped section along the north8 westerly terminus of the channel. The section is 35- 

9 feet wide and about 460-feet long and is further de10 scribed as commencing at a point N. 104,165.85, E. 

11 417,662.71, thence running south 24°06′55′′ E. 

12 395.00 feet to a point N. 103,805.32, E. 

13 417,824.10, thence running south 00°38′06′′ E. 

14 87.84 feet to a point N. 103,717.49, E. 417,825.07, 

15 thence running north 24°06′55′′ W. 480.00 feet, to 

16 a point N. 104,155.59, E. 417.628.96, thence run17 ning north 73°05′25′′ E. 35.28 feet to the point of 

18 origin. 

19 (2) PARALLELOGRAM-SHAPED PORTION.—An 

20 area having the approximate shape of a parallelo21 gram along the northeasterly portion of the channel, 

22 southeast of the area described in paragraph (1), ap23 proximately 20 feet wide and 260 feet long, and fur24 ther described as commencing at a point N. 

25 103,855.48, E. 417,849.99, thence running south 


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1 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, 

2 E. 417,922.89, thence running south 24°07′04′′ E. 

3 127.75 feet to a point N. 103,627.16, E. 

4 417,975.09, thence running north 33°07′30′′ W. 

5 190.00 feet to a point N. 103,786.28, E. 

6 417,871.26, thence running north 17°05′15′′ W. 

7 72.39 feet to the point of origin. 

8 (c) MODIFICATION.—The 10-foot channel portion of 

9 the Norwalk Harbor, Connecticut navigation project de10 scribed in subsection (a) is modified to authorize the Sec11 retary to realign the channel to include, immediately north 

12 of the area described in subsection (b)(2), a triangular sec13 tion described as commencing at a point N. 103,968.35, 

14 E. 417,815.29, thence running S. 17°05′15′′ east 118.09 

15 feet to a point N. 103,855.48, E. 417,849.99, thence run16 ning N. 33°07′30′′ west 36.76 feet to a point N. 

17 103,886.27, E. 417,829.90, thence running N. 10°05′26′′ 

18 west 83.37 feet to the point of origin. 

19 SEC. 3028. ST. GEORGE’S BRIDGE, DELAWARE. 

20 Section 102(g) of the Water Resources Development 

21 Act of 1990 (104 Stat. 4612) is amended by adding at 

22 the end the following: ‘‘The Secretary shall assume owner23 ship responsibility for the replacement bridge not later 

24 than the date on which the construction of the bridge is 

25 completed and the contractors are released of their responVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 sibility by the State. In addition, the Secretary may not 

2 carry out any action to close or remove the St. George’s 

3 Bridge, Delaware, without specific congressional author4 ization.’’. 

5 SEC. 3029. ADDITIONAL PROGRAM AUTHORITY, COM6 PREHENSIVE EVERGLADES RESTORATION, 

7 FLORIDA. 

8 Section 601(c)(3) of the Water Resources Develop9 ment Act of 2000 (114 Stat. 2684) is amended by adding 

10 at the end the following: 

11 ‘‘(C) MAXIMUM COST OF PROGRAM AU12 THORITY.—Section 902 of the Water Resources 

13 Development Act of 1986 (33 U.S.C. 2280) 

14 shall apply to the individual project funding 

15 limits in subparagraph (A) and the aggregate 

16 cost limits in subparagraph (B).’’. 

17 SEC. 3030. BREVARD COUNTY, FLORIDA. 

18 (a) IN GENERAL.—The project for shoreline protec19 tion, Brevard County, Florida, authorized by section 418 

20 of the Water Resources Development Act of 2000 (114 

21 Stat. 2637), is amended by striking ‘‘7.1-mile reach’’ and 

22 inserting ‘‘7.6-mile reach’’. 

23 (b) REFERENCES.—Any reference to a 7.1-mile reach 

24 with respect to the project described in subsection (a) shall 


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1 be considered to be a reference to a 7.6-mile reach with 

2 respect to that project. 

3 SEC. 3031. CRITICAL RESTORATION PROJECTS, EVER4 GLADES AND SOUTH FLORIDA ECOSYSTEM 

5 RESTORATION, FLORIDA. 

6 Section 528(b)(3)(C) of the Water Resources Devel7 opment Act of 1996 (110 Stat. 3769) is amended— 

8 (1) in clause (i), by striking ‘‘$75,000,000’’ and 

9 all that follows and inserting ‘‘$95,000,000.’’; and 

10 (2) by striking clause (ii) and inserting the fol11 lowing: 

12 ‘‘(ii) FEDERAL SHARE.— 

13 ‘‘(I) IN GENERAL.—Except as 

14 provided in subclause (II), the Federal 

15 share of the cost of carrying out a 

16 project under subparagraph (A) shall 

17 not exceed $25,000,000. 

18 ‘‘(II) SEMINOLE WATER CON19 SERVATION PLAN.—The Federal share 

20 of the cost of carrying out the Semi21 nole Water Conservation Plan shall 

22 not exceed $30,000,000.’’. 


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1 SEC. 3032. LAKE OKEECHOBEE AND HILLSBORO AQUIFER 

2 PILOT PROJECTS, COMPREHENSIVE EVER3 GLADES RESTORATION, FLORIDA. 

4 Section 601(b)(2)(B) of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2681) is amended by add6 ing at the end the following: 

7 ‘‘(v) HILLSBORO AND OKEECHOBEE

8 AQUIFER, FLORIDA.—The pilot projects for 

9 aquifer storage and recovery, Hillsboro and 

10 Okeechobee Aquifer, Florida, authorized by 

11 section 101(a)(16) of the Water Resources 

12 Development Act of 1999 (113 Stat. 276), 

13 shall be treated for the purposes of this 

14 section as being in the Plan and carried 

15 out in accordance with this section, except 

16 that costs of operation and maintenance of 

17 those projects shall remain 100 percent 

18 non-Federal.’’. 

19 SEC. 3033. LIDO KEY, SARASOTA COUNTY, FLORIDA. 

20 The Secretary shall carry out the project for hurri21 cane and storm damage reduction in Lido Key, Sarasota 

22 County, Florida, based on the report of the Chief of Engi23 neers dated December 22, 2004, at a total cost of 

24 $14,809,000, with an estimated Federal cost of 

25 $9,088,000 and an estimated non-Federal cost of 

26 $5,721,000, and at an estimated total cost $63,606,000 


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1 for periodic beach nourishment over the 50-year life of the 

2 project, with an estimated Federal cost of $31,803,000 

3 and an estimated non-Federal cost of $31,803,000. 

4 SEC. 3034. PORT SUTTON CHANNEL, TAMPA HARBOR, FLOR5 IDA. 

6 The project for navigation, Port Sutton Channel, 

7 Tampa Harbor, Florida, authorized by section 101(b)(12) 

8 of the Water Resources Development Act of 2000 (114 

9 Stat. 2577), is modified to authorize the Secretary to 

10 carry out the project at a total cost of $12,900,000. 

11 SEC. 3035. TAMPA HARBOR, CUT B, TAMPA, FLORIDA. 

12 The project for navigation, Tampa Harbor, Florida, 

13 authorized by section 101 of the River and Harbor Act 

14 of 1970 (84 Stat. 1818), is modified to authorize the Sec15 retary to construct passing lanes in an area approximately 

16 3.5 miles long and centered on Tampa Bay Cut B, if the 

17 Secretary determines that the improvements are necessary 

18 for navigation safety. 

19 SEC. 3036. ALLATOONA LAKE, GEORGIA. 

20 (a) LAND EXCHANGE.— 

21 (1) IN GENERAL.—The Secretary may exchange 

22 land above 863 feet in elevation at Allatoona Lake, 

23 Georgia, identified in the Real Estate Design Memo24 randum prepared by the Mobile district engineer, 

25 April 5, 1996, and approved October 8, 1996, for 


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1 land on the north side of Allatoona Lake that is re2 quired for wildlife management and protection of the 

3 water quality and overall environment of Allatoona 

4 Lake. 

5 (2) TERMS AND CONDITIONS.—The basis for all 

6 land exchanges under this subsection shall be a fair 

7 market appraisal to ensure that land exchanged is of 

8 equal value. 

9 (b) DISPOSAL AND ACQUISITION OF LAND, 

10 ALLATOONA LAKE, GEORGIA.— 

11 (1) IN GENERAL.—The Secretary may— 

12 (A) sell land above 863 feet in elevation at 

13 Allatoona Lake, Georgia, identified in the 

14 memorandum referred to in subsection (a)(1); 

15 and 

16 (B) use the proceeds of the sale, without 

17 further appropriation, to pay costs associated 

18 with the purchase of land required for wildlife 

19 management and protection of the water quality 

20 and overall environment of Allatoona Lake. 

21 (2) TERMS AND CONDITIONS.— 

22 (A) WILLING SELLERS.—Land acquired 

23 under this subsection shall be by negotiated 

24 purchase from willing sellers only. 


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1 (B) BASIS.—The basis for all transactions 

2 under this subsection shall be a fair market 

3 value appraisal acceptable to the Secretary. 

4 (C) SHARING OF COSTS.—Each purchaser 

5 of land under this subsection shall share in the 

6 associated environmental and real estate costs 

7 of the purchase, including surveys and associ8 ated fees in accordance with the memorandum 

9 referred to in subsection (a)(1). 

10 (D) OTHER CONDITIONS.—The Secretary 

11 may impose on the sale and purchase of land 

12 under this subsection such other conditions as 

13 the Secretary determines to be appropriate. 

14 (c) REPEAL.—Section 325 of the Water Resources 

15 Development Act of 1992 (106 Stat. 4849) is repealed. 

16 SEC. 3037. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO. 

17 (a) IN GENERAL.—The Secretary shall carry out ad18 ditional general construction measures to allow for oper19 ation at lower pool levels to satisfy the recreation mission 

20 at Dworshak Dam, Idaho. 

21 (b) IMPROVEMENTS.—In carrying out subsection (a), 

22 the Secretary shall provide for appropriate improvements 

23 to— 

24 (1) facilities that are operated by the Corps of 

25 Engineers; and 


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1 (2) facilities that, as of the date of enactment 

2 of this Act, are leased, permitted, or licensed for use 

3 by others. 

4 (c) COST SHARING.—The Secretary shall carry out 

5 this section through a cost-sharing program with Idaho 

6 State Parks and Recreation Department, with a total esti7 mated project cost of $5,300,000, with an estimated Fed8 eral cost of $3,900,000 and an estimated non-Federal cost 

9 of $1,400,000. 

10 SEC. 3038. LITTLE WOOD RIVER, GOODING, IDAHO. 

11 The project for flood control, Gooding, Idaho, as con12 structed under the emergency conservation work program 

13 established under the Act of March 31, 1933 (16 U.S.C. 

14 585 et seq.), is modified— 

15 (1) to direct the Secretary to rehabilitate the 

16 Gooding Channel Project for the purposes of flood 

17 control and ecosystem restoration, if the Secretary 

18 determines that the rehabilitation and ecosystem res19 toration is feasible; 

20 (2) to authorize and direct the Secretary to 

21 plan, design, and construct the project at a total 

22 cost of $9,000,000; 

23 (3) to authorize the non-Federal interest to pro24 vide any portion of the non-Federal share of the cost 


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1 of the project in the form of services, materials, sup2 plies, or other in-kind contributions; 

3 (4) to authorize the non-Federal interest to use 

4 funds made available under any other Federal pro5 gram toward the non-Federal share of the cost of 

6 the project if the use of the funds is permitted under 

7 the other Federal program; and 

8 (5) to direct the Secretary, in calculating the 

9 non-Federal share of the cost of the project, to make 

10 a determination under section 103(m) of the Water 

11 Resources Development Act of 1986 (33 U.S.C. 

12 2213(m)) on the ability to pay of the non-Federal 

13 interest. 

14 SEC. 3039. PORT OF LEWISTON, IDAHO. 

15 (a) EXTINGUISHMENT OF REVERSIONARY INTER16 ESTS AND USE RESTRICTIONS.—With respect to property 

17 covered by each deed described in subsection (b)— 

18 (1) the reversionary interests and use restric19 tions relating to port and industrial use purposes are 

20 extinguished; 

21 (2) the restriction that no activity shall be per22 mitted that will compete with services and facilities 

23 offered by public marinas is extinguished; 

24 (3) the human habitation or other building 

25 structure use restriction is extinguished in each area 


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1 in which the elevation is above the standard project 

2 flood elevation; and 

3 (4) the use of fill material to raise low areas 

4 above the standard project flood elevation is author5 ized, except in any low area constituting wetland for 

6 which a permit under section 404 of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1344) is re8 quired. 

9 (b) DEEDS.—The deeds referred to in subsection (a) 

10 are as follows: 

11 (1) Auditor’s Instrument No. 399218 of Nez 

12 Perce County, Idaho, 2.07 acres. 

13 (2) Auditor’s Instrument No. 487437 of Nez 

14 Perce County, Idaho, 7.32 acres. 

15 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

16 section affects the remaining rights and interests of the 

17 Corps of Engineers for authorized project purposes with 

18 respect to property covered by deeds described in sub19 section (b). 

20 SEC. 3040. CACHE RIVER LEVEE, ILLINOIS. 

21 The Cache River Levee created for flood control at 

22 the Cache River, Illinois, and authorized by the Act of 

23 June 28, 1938 (52 Stat. 1215, chapter 795), is modified 

24 to add environmental restoration as a project purpose. 


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1 SEC. 3041. CHICAGO, ILLINOIS. 

2 Section 425(a) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2638) is amended by inserting 

4 ‘‘Lake Michigan and’’ before ‘‘the Chicago River’’. 

5 SEC. 3042. CHICAGO RIVER, ILLINOIS. 

6 The Federal navigation channel for the North Branch 

7 Channel portion of the Chicago River authorized by sec8 tion 22 of the Act of March 3, 1899 (30 Stat. 1156, chap9 ter 425), extending from 100 feet downstream of the Hal10 sted Street Bridge to 100 feet upstream of the Division 

11 Street Bridge, Chicago, Illinois, is redefined to be no wider 

12 than 66 feet. 

13 SEC. 3043. ILLINOIS RIVER BASIN RESTORATION. 

14 Section 519(c)(3) of the Water Resources Develop15 ment Act of 2000 (114 Stat. 2654) is amended by striking 

16 ‘‘$5,000,000’’ and inserting ‘‘$20,000,000’’. 

17 SEC. 3044. MISSOURI AND ILLINOIS FLOOD PROTECTION 

18 PROJECTS RECONSTRUCTION PILOT PRO19 GRAM. 

20 (a) DEFINITION OF RECONSTRUCTION.—In this sec21 tion: 

22 (1) IN GENERAL.—The term ‘‘reconstruction’’ 

23 means any action taken to address 1 or more major 

24 deficiencies of a project caused by long-term deg25 radation of the foundation, construction materials, 

26 or engineering systems or components of the project, 


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1 the results of which render the project at risk of not 

2 performing in compliance with the authorized pur3 poses of the project. 

4 (2) INCLUSIONS.—The term ‘‘reconstruction’’ 

5 includes the incorporation by the Secretary of cur6 rent design standards and efficiency improvements 

7 in a project if the incorporation does not signifi8 cantly change the authorized scope, function, or pur9 pose of the project. 

10 (b) PARTICIPATION BY SECRETARY.—The Secretary 

11 may participate in the reconstruction of flood control 

12 projects within Missouri and Illinois as a pilot program 

13 if the Secretary determines that such reconstruction is not 

14 required as a result of improper operation and mainte15 nance by the non-Federal interest. 

16 (c) COST SHARING.— 

17 (1) IN GENERAL.—Costs for reconstruction of a 

18 project under this section shall be shared by the Sec19 retary and the non-Federal interest in the same per20 centages as the costs of construction of the original 

21 project were shared. 

22 (2) OPERATION, MAINTENANCE, AND REPAIR

23 COSTS.—The costs of operation, maintenance, re24 pair, and rehabilitation of a project carried out 


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1 under this section shall be a non-Federal responsi2 bility. 

3 (d) CRITICAL PROJECTS.—In carrying out this sec4 tion, the Secretary shall give priority to the following 

5 projects: 

6 (1) Clear Creek Drainage and Levee District, 

7 Illinois. 

8 (2) Fort Chartres and Ivy Landing Drainage 

9 District, Illinois. 

10 (3) Wood River Drainage and Levee District, 

11 Illinois. 

12 (4) City of St. Louis, Missouri. 

13 (5) Missouri River Levee Drainage District, 

14 Missouri. 

15 (e) ECONOMIC JUSTIFICATION.—Reconstruction ef16 forts and activities carried out under this section shall not 

17 require economic justification. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $50,000,000, to remain available until expended. 

21 SEC. 3045. SPUNKY BOTTOM, ILLINOIS. 

22 (a) IN GENERAL.—The project for flood control, Illi23 nois and Des Plaines River Basin, between Beardstown, 

24 Illinois, and the mouth of the Illinois River, authorized 

25 by section 5 of the Act of June 22, 1936 (49 Stat. 1583, 


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1 chapter 688), is modified to authorize ecosystem restora2 tion as a project purpose. 

3 (b) MODIFICATIONS.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 notwithstanding the limitation on the expenditure of 

6 Federal funds to carry out project modifications in 

7 accordance with section 1135 of the Water Re8 sources Development Act of 1986 (33 U.S.C. 

9 2309a), modifications to the project referred to in 

10 subsection (a) shall be carried out at Spunky Bot11 toms, Illinois, in accordance with subsection (a). 

12 (2) FEDERAL SHARE.—Not more than 

13 $7,500,000 in Federal funds may be expended under 

14 this section to carry out modifications to the project 

15 referred to in subsection (a). 

16 (3) POST-CONSTRUCTION MONITORING AND

17 MANAGEMENT.—Of the Federal funds expended 

18 under paragraph (2), not less than $500,000 shall 

19 remain available for a period of 5 years after the 

20 date of completion of construction of the modifica21 tions for use in carrying out post-construction moni22 toring and adaptive management. 

23 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith24 standing any modifications carried out under subsection 

25 (b), the project described in subsection (a) shall remain 


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1 eligible for emergency repair assistance under section 5 

2 of the Act of August 18, 1941 (33 U.S.C. 701n), without 

3 consideration of economic justification. 

4 SEC. 3046. STRAWN CEMETERY, JOHN REDMOND LAKE, 

5 KANSAS. 

6 (a) IN GENERAL.—As soon as practicable after the 

7 date of enactment of this Act, the Secretary, acting 

8 through the Tulsa District of the Corps of Engineers, shall 

9 transfer to Pleasant Township, Coffey County, Kansas, 

10 for use as the New Strawn Cemetery, all right, title, and 

11 interest of the United States in and to the land described 

12 in subsection (c). 

13 (b) REVERSION.—If the land transferred under this 

14 section ceases at any time to be used as a nonprofit ceme15 tery or for another public purpose, the land shall revert 

16 to the United States. 

17 (c) DESCRIPTION.—The land to be conveyed under 

18 this section is a tract of land near John Redmond Lake, 

19 Kansas, containing approximately 3 acres and lying adja20 cent to the west line of the Strawn Cemetery located in 

the SE corner of the NE1 21 ⁄4 of sec. 32, T. 20 S., R. 14 

22 E., Coffey County, Kansas. 

23 (d) CONSIDERATION.— 

24 (1) IN GENERAL.—The conveyance under this 

25 section shall be at fair market value. 


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1 (2) COSTS.—All costs associated with the con2 veyance shall be paid by Pleasant Township, Coffey 

3 County, Kansas. 

4 (e) OTHER TERMS AND CONDITIONS.—The convey5 ance under this section shall be subject to such other 

6 terms and conditions as the Secretary considers necessary 

7 to protect the interests of the United States. 

8 SEC. 3047. MILFORD LAKE, MILFORD, KANSAS. 

9 (a) IN GENERAL.—Subject to subsections (b) and (c), 

10 the Secretary shall convey at fair market value by quit11 claim deed to the Geary County Fire Department, Milford, 

12 Kansas, all right, title, and interest of the United States 

13 in and to a parcel of land consisting of approximately 7.4 

14 acres located in Geary County, Kansas, for construction, 

15 operation, and maintenance of a fire station. 

16 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

17 exact acreage and the description of the real property re18 ferred to in subsection (a) shall be determined by a survey 

19 that is satisfactory to the Secretary. 

20 (c) REVERSION.—If the Secretary determines that 

21 the property conveyed under subsection (a) ceases to be 

22 held in public ownership or to be used for any purpose 

23 other than a fire station, all right, title, and interest in 

24 and to the property shall revert to the United States, at 

25 the option of the United States. 


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1 SEC. 3048. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, 

2 OHIO, PENNSYLVANIA, AND WEST VIRGINIA. 

3 Section 101(b)(16) of the Water Resources Develop4 ment Act of 2000 (114 Stat. 2578) is amended— 

5 (1) by striking ‘‘(A) IN GENERAL.—Projects for 

6 ecosystem restoration, Ohio River Mainstem’’ and 

7 inserting the following: 

8 ‘‘(A) AUTHORIZATION.— 

9 ‘‘(i) IN GENERAL.—Projects for eco10 system restoration, Ohio River Basin (ex11 cluding the Tennessee and Cumberland 

12 River Basins)’’; and 

13 (2) in subparagraph (A), by adding at the end 

14 the following: 

15 ‘‘(ii) NONPROFIT ENTITY.—For any 

16 ecosystem restoration project carried out 

17 under this paragraph, with the consent of 

18 the affected local government, a nonprofit 

19 entity may be considered to be a non-Fed20 eral interest. 

21 ‘‘(iii) PROGRAM IMPLEMENTATION

22 PLAN.—There is authorized to be devel23 oped a program implementation plan of the 

24 Ohio River Basin (excluding the Tennessee 

25 and Cumberland River Basins) at full Fed26 eral expense. 


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1 ‘‘(iv) PILOT PROGRAM.—There is au2 thorized to be initiated a completed pilot 

3 program in Lower Scioto Basin, Ohio.’’. 

4 SEC. 3049. MCALPINE LOCK AND DAM, KENTUCKY AND IN5 DIANA. 

6 Section 101(a)(10) of the Water Resources Develop7 ment Act of 1990 (104 Stat. 4606) is amended by striking 

8 ‘‘$219,600,000’’ each place it appears and inserting 

9 ‘‘$430,000,000’’. 

10 SEC. 3050. PUBLIC ACCESS, ATCHAFALAYA BASIN 

11 FLOODWAY SYSTEM, LOUISIANA. 

12 (a) IN GENERAL.—The public access feature of the 

13 Atchafalaya Basin Floodway System, Louisiana project, 

14 authorized by section 601(a) of the Water Resources De15 velopment Act of 1986 (100 Stat. 4142), is modified to 

16 authorize the Secretary to acquire from willing sellers the 

17 fee interest (exclusive of oil, gas, and minerals) of an addi18 tional 20,000 acres of land in the Lower Atchafalaya 

19 Basin Floodway for the public access feature of the 

20 Atchafalaya Basin Floodway System, Louisiana project. 

21 (b) MODIFICATION.— 

22 (1) IN GENERAL.—Subject to paragraph (2), ef23 fective beginning November 17, 1986, the public ac24 cess feature of the Atchafalaya Basin Floodway Sys25 tem, Louisiana project, is modified to remove the 


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1 $32,000,000 limitation on the maximum Federal ex2 penditure for the first costs of the public access fea3 ture. 

4 (2) FIRST COST.—The authorized first cost of 

5 $250,000,000 for the total project (as defined in 

6 section 601(a) of the Water Resources Development 

7 Act of 1986 (100 Stat. 4142)) shall not be exceeded, 

8 except as authorized by section 902 of that Act (100 

9 Stat. 4183). 

10 (c) TECHNICAL AMENDMENT.—Section 315(a)(2) of 

11 the Water Resources Development Act of 2000 (114 Stat. 

12 2603) is amended by inserting before the period at the 

13 end the following: ‘‘and may include Eagle Point Park, 

14 Jeanerette, Louisiana, as 1 of the alternative sites’’. 

15 SEC. 3051. REGIONAL VISITOR CENTER, ATCHAFALAYA 

16 BASIN FLOODWAY SYSTEM, LOUISIANA. 

17 (a) PROJECT FOR FLOOD CONTROL.—Notwith18 standing paragraph (3) of the report of the Chief of Engi19 neers dated February 28, 1983 (relating to recreational 

20 development in the Lower Atchafalaya Basin Floodway), 

21 the Secretary shall carry out the project for flood control, 

22 Atchafalaya Basin Floodway System, Louisiana, author23 ized by chapter IV of title I of the Act of August 15, 1985 

24 (Public Law 99–88; 99 Stat. 313; 100 Stat. 4142). 

25 (b) VISITORS CENTER.— 


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1 (1) IN GENERAL.—The Secretary, acting 

2 through the Chief of Engineers and in consultation 

3 with the State of Louisiana, shall study, design, and 

4 construct a type A regional visitors center in the vi5 cinity of Morgan City, Louisiana. 

6 (2) COST SHARING.— 

7 (A) IN GENERAL.—The cost of construc8 tion of the visitors center shall be shared in ac9 cordance with the recreation cost-share require10 ment under section 103(c) of the Water Re11 sources Development Act of 1986 (33 U.S.C. 

12 2213(c)). 

13 (B) COST OF UPGRADING.—The non-Fed14 eral share of the cost of upgrading the visitors 

15 center from a type B to type A regional visitors 

16 center shall be 100 percent. 

17 (3) AGREEMENT.—The project under this sub18 section shall be initiated only after the Secretary 

19 and the non-Federal interests enter into a binding 

20 agreement under which the non-Federal interests 

21 shall— 

22 (A) provide any land, easement, right-of23 way, or dredged material disposal area required 

24 for the project that is owned, claimed, or con25 trolled by— 


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1 (i) the State of Louisiana (including 

2 agencies and political subdivisions of the 

3 State); or 

4 (ii) any other non-Federal government 

5 entity authorized under the laws of the 

6 State of Louisiana; 

7 (B) pay 100 percent of the cost of the op8 eration, maintenance, repair, replacement, and 

9 rehabilitation of the project; and 

10 (C) hold the United States free from liabil11 ity for the construction, operation, maintenance, 

12 repair, replacement, and rehabilitation of the 

13 project, except for damages due to the fault or 

14 negligence of the United States or a contractor 

15 of the United States. 

16 (4) DONATIONS.—In carrying out the project 

17 under this subsection, the Mississippi River Commis18 sion may accept the donation of cash or other funds, 

19 land, materials, and services from any non-Federal 

20 government entity or nonprofit corporation, as the 

21 Commission determines to be appropriate. 

22 SEC. 3052. CALCASIEU RIVER AND PASS, LOUISIANA. 

23 The project for the Calcasieu River and Pass, Lou24 isiana, authorized by section 101 of the River and Harbor 

25 Act of 1960 (74 Stat. 481), is modified to authorize the 


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1 Secretary to provide $3,000,000 for each fiscal year, in 

2 a total amount of $15,000,000, for such rock bank protec3 tion of the Calcasieu River from mile 5 to mile 16 as the 

4 Chief of Engineers determines to be advisable to reduce 

5 maintenance dredging needs and facilitate protection of 

6 valuable disposal areas for the Calcasieu River and Pass, 

7 Louisiana. 

8 SEC. 3053. EAST BATON ROUGE PARISH, LOUISIANA. 

9 The project for flood damage reduction and recre10 ation, East Baton Rouge Parish, Louisiana, authorized by 

11 section 101(a)(21) of the Water Resources Development 

12 Act of 1999 (113 Stat. 277), as amended by section 116 

13 of the Consolidated Appropriations Resolution, 2003 (117 

14 Stat. 140), is modified to authorize the Secretary to carry 

15 out the project substantially in accordance with the Report 

16 of the Chief of Engineers dated December 23, 1996, and 

17 the subsequent Post Authorization Change Report dated 

18 December 2004, at a total cost of $178,000,000. 

19 SEC. 3054. MISSISSIPPI RIVER GULF OUTLET RELOCATION 

20 ASSISTANCE, LOUISIANA. 

21 (a) PORT FACILITIES RELOCATION.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated 

24 $175,000,000, to remain available until expended, to 

25 support the relocation of Port of New Orleans deep 


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1 draft facilities from the Mississippi River Gulf Out2 let (referred to in this section as the ‘‘Outlet’’), the 

3 Gulf Intercoastal Waterway, and the Inner Harbor 

4 Navigation Canal to the Mississippi River. 

5 (2) ADMINISTRATION.— 

6 (A) IN GENERAL.—Amounts appropriated 

7 pursuant to paragraph (1) shall be adminis8 tered by the Assistant Secretary for Economic 

9 Development (referred to in this section as the 

10 ‘‘Assistant Secretary’’) pursuant to sections 

11 209(c)(2) and 703 of the Public Works and 

12 Economic Development Act of 1965 (42 U.S.C. 

13 3149(c)(2), 3233). 

14 (B) REQUIREMENT.—The Assistant Sec15 retary shall make amounts appropriated pursu16 ant to paragraph (1) available to the Port of 

17 New Orleans to relocate to the Mississippi 

18 River within the State of Louisiana the port19 owned facilities that are occupied by businesses 

20 in the vicinity that may be impacted due to the 

21 treatment of the Outlet under the analysis and 

22 design of comprehensive hurricane protection 

23 authorized by title I of the Energy and Water 

24 Development Appropriations Act, 2006 (Public 

25 Law 109–103; 119 Stat. 2247). 


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1 (b) REVOLVING LOAN FUND GRANTS.—There is au2 thorized to be appropriated to the Assistant Secretary 

3 $185,000,000, to remain available until expended, to pro4 vide assistance pursuant to sections 209(c)(2) and 703 of 

5 the Public Works and Economic Development Act of 1965 

6 (42 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipi7 ents to establish revolving loan funds to make loans for 

8 terms up to 20 years at or below market interest rates 

9 (including interest-free loans) to private businesses within 

10 the Port of New Orleans that may need to relocate to the 

11 Mississippi River within the State of Louisiana due to the 

12 treatment of the Outlet under the analysis and design of 

13 comprehensive hurricane protection authorized by title I 

14 of the Energy and Water Development Appropriations 

15 Act, 2006 (Public Law 109–103; 119 Stat. 2247). 

16 (c) COORDINATION WITH SECRETARY.—The Assist17 ant Secretary shall ensure that the programs described in 

18 subsections (a) and (b) are fully coordinated with the Sec19 retary to ensure that facilities are relocated in a manner 

20 that is consistent with the analysis and design of com21 prehensive hurricane protection authorized by title I of the 

22 Energy and Water Development Appropriations Act, 2006 

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

24 (d) ADMINISTRATIVE EXPENSES.—The Assistant 

25 Secretary may use up to 2 percent of the amounts made 


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1 available under subsections (a) and (b) for administrative 

2 expenses. 

3 SEC. 3055. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 

4 LOUISIANA. 

5 The project for mitigation of fish and wildlife losses, 

6 Red River Waterway, Louisiana, authorized by section 

7 601(a) of the Water Resources Development Act of 1986 

8 (100 Stat. 4142) and modified by section 4(h) of the 

9 Water Resources Development Act of 1988 (102 Stat. 

10 4016), section 102(p) of the Water Resources Develop11 ment Act of 1990 (104 Stat. 4613), section 301(b)(7) of 

12 the Water Resources Development Act of 1996 (110 Stat. 

13 3710), and section 316 of the Water Resources Develop14 ment Act of 2000 (114 Stat. 2604), is further modified— 

15 (1) to authorize the Secretary to carry out the 

16 project at a total cost of $33,200,000; 

17 (2) to permit the purchase of marginal farm18 land for reforestation (in addition to the purchase of 

19 bottomland hardwood); and 

20 (3) to incorporate wildlife and forestry manage21 ment practices to improve species diversity on miti22 gation land that meets habitat goals and objectives 

23 of the Corps of Engineers and the State of Lou24 isiana. 


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1 SEC. 3056. CAMP ELLIS, SACO, MAINE. 

2 The maximum amount of Federal funds that may be 

3 expended for the project being carried out under section 

4 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

5 for the mitigation of shore damages attributable to the 

6 project for navigation, Camp Ellis, Saco, Maine, shall be 

7 $20,000,000. 

8 SEC. 3057. UNION RIVER, MAINE. 

9 The project for navigation, Union River, Maine, au10 thorized by the first section of the Act of June 3, 1896 

11 (29 Stat. 215, chapter 314), is modified by redesignating 

12 as an anchorage area that portion of the project consisting 

13 of a 6-foot turning basin and lying northerly of a line com14 mencing at a point N. 315,975.13, E. 1,004,424.86, 

15 thence running N. 61° 27′ 20.71′′ W. about 132.34 feet 

16 to a point N. 316,038.37, E. 1,004,308.61. 

17 SEC. 3058. CHESAPEAKE BAY ENVIRONMENTAL RESTORA18 TION AND PROTECTION PROGRAM, MARY19 LAND, PENNSYLVANIA, AND VIRGINIA. 

20 Section 510(i) of the Water Resources Development 

21 Act of 1996 (110 Stat. 3761) is amended by striking 

22 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’. 

23 SEC. 3059. CUMBERLAND, MARYLAND. 

24 Section 580(a) of the Water Resources Development 

25 Act of 1999 (113 Stat. 375) is amended— 


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1 (1) by striking ‘‘$15,000,000’’ and inserting 

2 ‘‘$25,750,000’’; 

3 (2) by striking ‘‘$9,750,000’’ and inserting 

4 ‘‘$16,738,000’’; and 

5 (3) by striking ‘‘$5,250,000’’ and inserting 

6 ‘‘$9,012,000’’. 

7 SEC. 3060. AUNT LYDIA’S COVE, MASSACHUSETTS. 

8 (a) DEAUTHORIZATION.—The portion of the project 

9 for navigation, Aunt Lydia’s Cove, Massachusetts, author10 ized August 31, 1994, pursuant to section 107 of the Act 

11 of July 14, 1960 (33 U.S.C. 577) (commonly known as 

12 the ‘‘River and Harbor Act of 1960’’), consisting of the 

13 8-foot deep anchorage in the cove described in subsection 

14 (b) is deauthorized. 

15 (b) DESCRIPTION.—The portion of the project de16 scribed in subsection (a) is more particularly described as 

17 the portion beginning at a point along the southern limit 

18 of the existing project, N. 254332.00, E. 1023103.96, 

19 thence running northwesterly about 761.60 feet to a point 

20 along the western limit of the existing project N. 

21 255076.84, E. 1022945.07, thence running southwesterly 

22 about 38.11 feet to a point N. 255038.99, E. 1022940.60, 

23 thence running southeasterly about 267.07 feet to a point 

24 N. 254772.00, E. 1022947.00, thence running southeast25 erly about 462.41 feet to a point N. 254320.06, E. 


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1 1023044.84, thence running northeasterly about 60.31 

2 feet to the point of origin. 

3 SEC. 3061. FALL RIVER HARBOR, MASSACHUSETTS AND 

4 RHODE ISLAND. 

5 (a) IN GENERAL.—Notwithstanding section 

6 1001(b)(2) of the Water Resources Development Act of 

7 1986 (33 U.S.C. 579a(b)(2)), the project for navigation, 

8 Fall River Harbor, Massachusetts and Rhode Island, au9 thorized by section 101 of the River and Harbor Act of 

10 1968 (82 Stat. 731), shall remain authorized to be carried 

11 out by the Secretary, except that the authorized depth of 

12 that portion of the project extending riverward of the 

13 Charles M. Braga, Jr. Memorial Bridge, Fall River and 

14 Somerset, Massachusetts, shall not exceed 35 feet. 

15 (b) FEASIBILITY.—The Secretary shall conduct a 

16 study to determine the feasibility of deepening that por17 tion of the navigation channel of the navigation project 

18 for Fall River Harbor, Massachusetts and Rhode Island, 

19 authorized by section 101 of the River and Harbor Act 

20 of 1968 (82 Stat. 731), seaward of the Charles M. Braga, 

21 Jr. Memorial Bridge Fall River and Somerset, Massachu22 setts. 

23 (c) LIMITATION.—The project described in subsection 

24 (a) shall not be authorized for construction after the last 

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1 ment of this Act unless, during that period, funds have 

2 been obligated for construction (including planning and 

3 design) of the project. 

4 SEC. 3062. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI5 GAN. 

6 Section 426 of the Water Resources Development Act 

7 of 1999 (113 Stat. 326) is amended to read as follows: 

8 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI9 GAN. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage12 ment plan’ means the management plan for the St. 

13 Clair River and Lake St. Clair, Michigan, that is in 

14 effect as of the date of enactment of this section. 

15 ‘‘(2) PARTNERSHIP.—The term ‘Partnership’ 

16 means the partnership established by the Secretary 

17 under subsection (b)(1). 

18 ‘‘(b) PARTNERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish and lead a partnership of appropriate Federal 

21 agencies (including the Environmental Protection 

22 Agency) and the State of Michigan (including polit23 ical subdivisions of the State)— 

24 ‘‘(A) to promote cooperation among the 

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1 ments, and other involved parties in the man2 agement of the St. Clair River and Lake St. 

3 Clair watersheds; and 

4 ‘‘(B) develop and implement projects con5 sistent with the management plan. 

6 ‘‘(2) COORDINATION WITH ACTIONS UNDER

7 OTHER LAW.— 

8 ‘‘(A) IN GENERAL.—Actions taken under 

9 this section by the Partnership shall be coordi10 nated with actions to restore and conserve the 

11 St. Clair River and Lake St. Clair and water12 sheds taken under other provisions of Federal 

13 and State law. 

14 ‘‘(B) NO EFFECT ON OTHER LAW.—Noth15 ing in this section alters, modifies, or affects 

16 any other provision of Federal or State law. 

17 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND

18 LAKE ST. CLAIR MANAGEMENT PLAN.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall— 

20 ‘‘(A) develop a St. Clair River and Lake 

21 St. Clair strategic implementation plan in ac22 cordance with the management plan; 

23 ‘‘(B) provide technical, planning, and engi24 neering assistance to non-Federal interests for 


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1 developing and implementing activities con2 sistent with the management plan; 

3 ‘‘(C) plan, design, and implement projects 

4 consistent with the management plan; and 

5 ‘‘(D) provide, in coordination with the Ad6 ministrator of the Environmental Protection 

7 Agency, financial and technical assistance, in8 cluding grants, to the State of Michigan (in9 cluding political subdivisions of the State) and 

10 interested nonprofit entities for the planning, 

11 design, and implementation of projects to re12 store, conserve, manage, and sustain the St. 

13 Clair River, Lake St. Clair, and associated wa14 tersheds. 

15 ‘‘(2) SPECIFIC MEASURES.—Financial and tech16 nical assistance provided under subparagraphs (B) 

17 and (C) of paragraph (1) may be used in support of 

18 non-Federal activities consistent with the manage19 ment plan. 

20 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

21 STRATEGIC IMPLEMENTATION PLAN.—In consultation 

22 with the Partnership and after providing an opportunity 

23 for public review and comment, the Secretary shall develop 

24 information to supplement— 

25 ‘‘(1) the management plan; and 


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1 ‘‘(2) the strategic implementation plan devel2 oped under subsection (c)(1)(A). 

3 ‘‘(e) COST SHARING.— 

4 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal 

5 share of the cost of technical assistance, or the cost 

6 of planning, design, construction, and evaluation of 

7 a project under subsection (c), and the cost of devel8 opment of supplementary information under sub9 section (d)— 

10 ‘‘(A) shall be 25 percent of the total cost 

11 of the project or development; and 

12 ‘‘(B) may be provided through the provi13 sion of in-kind services. 

14 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

15 RIGHTS-OF-WAY.—The Secretary shall credit the 

16 non-Federal sponsor for the value of any land, ease17 ments, rights-of-way, dredged material disposal 

18 areas, or relocations provided for use in carrying out 

19 a project under subsection (c). 

20 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding 

21 section 221 of the Flood Control Act of 1970 (42 

22 U.S.C. 1962d–5b), a non-Federal sponsor for any 

23 project carried out under this section may include a 

24 nonprofit entity. 


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1 ‘‘(4) OPERATION AND MAINTENANCE.—The op2 eration, maintenance, repair, rehabilitation, and re3 placement of projects carried out under this section 

4 shall be non-Federal responsibilities. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $10,000,000 for each fiscal year.’’. 

8 SEC. 3063. DULUTH HARBOR, MINNESOTA. 

9 (a) IN GENERAL.—Notwithstanding the cost limita10 tion described in section 107(b) of the River and Harbor 

11 Act of 1960 (33 U.S.C. 577(b)), the Secretary shall carry 

12 out the project for navigation, Duluth Harbor, Minnesota, 

13 pursuant to the authority provided under that section at 

14 a total Federal cost of $9,000,000. 

15 (b) PUBLIC ACCESS AND RECREATIONAL FACILI16 TIES.—Section 321 of the Water Resources Development 

17 Act of 2000 (114 Stat. 2605) is amended by inserting ‘‘, 

18 and to provide public access and recreational facilities’’ 

19 after ‘‘including any required bridge construction’’. 

20 SEC. 3064. BONNET CARRE FRESHWATER DIVERSION 

21 PROJECT, MISSISSIPPI AND LOUISIANA. 

22 (a) IN GENERAL.—The project for environmental en23 hancement, Mississippi and Louisiana Estuarine Areas, 

24 Mississippi and Louisiana, authorized by section 3(a)(8) 

25 of the Water Resources Development Act of 1988 (102 


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1 Stat. 4013) is modified to direct the Secretary to carry 

2 out that portion of the project identified as the ‘‘Bonnet 

3 Carre Freshwater Diversion Project’’, in accordance with 

4 this section. 

5 (b) NON-FEDERAL FINANCING REQUIREMENTS.— 

6 (1) MISSISSIPPI AND LOUISIANA.— 

7 (A) IN GENERAL.—The States of Mis8 sissippi and Louisiana shall provide the funds 

9 needed during any fiscal year for meeting the 

10 respective non-Federal cost sharing require11 ments of each State for the Bonnet Carre 

12 Freshwater Diversion Project during that fiscal 

13 year by making deposits of the necessary funds 

14 into an escrow account or into such other ac15 count as the Secretary determines to be accept16 able. 

17 (B) DEADLINE.—Any deposits required 

18 under this paragraph shall be made by the af19 fected State by not later than 30 days after re20 ceipt of notification from the Secretary that the 

21 amounts are due. 

22 (2) FAILURE TO PAY.— 

23 (A) LOUISIANA.—In the case of deposits 

24 required to be made by the State of Louisiana, 

25 the Secretary may not award any new contract 


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1 or proceed to the next phase of any feature 

2 being carried out in the State of Louisiana 

3 under section 1003 if the State of Louisiana is 

4 not in compliance with paragraph (1). 

5 (B) MISSISSIPPI.—In the case of deposits 

6 required to be made by the State of Mississippi, 

7 the Secretary may not award any new contract 

8 or proceed to the next phase of any feature 

9 being carried out as a part of the Bonnet Carre 

10 Freshwater Diversion Project if the State of 

11 Mississippi is not in compliance with paragraph 

12 (1). 

13 (3) ALLOCATION.—The non-Federal share of 

14 project costs shall be allocated between the States of 

15 Mississippi and Louisiana as described in the report 

16 to Congress on the status and potential options and 

17 enhancement of the Bonnet Carre Freshwater Diver18 sion Project dated December 1996. 

19 (4) EFFECT.—The modification of the Bonnet 

20 Carre Freshwater Diversion Project by this section 

21 shall not reduce the percentage of the cost of the 

22 project that is required to be paid by the Federal 

23 Government as determined on the date of enactment 

24 of section 3(a)(8) of the Water Resources Develop25 ment Act of 1988 (102 Stat. 4013). 


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1 (c) DESIGN SCHEDULE.— 

2 (1) IN GENERAL.—Subject to the availability of 

3 appropriations, the Secretary shall complete the de4 sign of the Bonnet Carre Freshwater Diversion 

5 Project by not later than 1 year after the date of en6 actment of this Act. 

7 (2) MISSED DEADLINE.—If the Secretary does 

8 not complete the design of the project by the date 

9 described in paragraph (1)— 

10 (A) the Secretary shall assign such re11 sources as the Secretary determines to be avail12 able and necessary to complete the design; and 

13 (B) the authority of the Secretary to ex14 pend funds for travel, official receptions, and 

15 official representations shall be suspended until 

16 the design is complete. 

17 (d) CONSTRUCTION SCHEDULE.— 

18 (1) IN GENERAL.—Subject to the availability of 

19 appropriations, the Secretary shall complete con20 struction of the Bonnet Carre Freshwater Diversion 

21 Project by not later than September 30, 2012. 

22 (2) MISSED DEADLINE.—If the Secretary does 

23 not complete the construction of the Bonnet Carre 

24 Freshwater Diversion Project by the date described 

25 in paragraph (1)— 


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1 (A) the Secretary shall assign such re2 sources as the Secretary determines to be avail3 able and necessary to complete the construction; 

4 and 

5 (B) the authority of the Secretary to ex6 pend funds for travel, official receptions, and 

7 official representations shall be suspended until 

8 the construction is complete. 

9 SEC. 3065. LAND EXCHANGE, PIKE COUNTY, MISSOURI. 

10 (a) DEFINITIONS.—In this section: 

11 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

12 means the 2 parcels of Corps of Engineers land to13 taling approximately 42 acres, located on Buffalo Is14 land in Pike County, Missouri, and consisting of 

15 Government Tract Numbers MIS–7 and a portion of 

16 FM–46. 

17 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the approximately 42 acres of 

19 land, subject to any existing flowage easements situ20 ated in Pike County, Missouri, upstream and north21 west, about 200 feet from Drake Island (also known 

22 as Grimes Island). 

23 (b) LAND EXCHANGE.—Subject to subsection (c), on 

24 conveyance by S.S.S., Inc., to the United States of all 

25 right, title, and interest in and to the non-Federal land, 


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1 the Secretary shall convey to S.S.S., Inc., all right, title, 

2 and interest of the United States in and to the Federal 

3 land. 

4 (c) CONDITIONS.— 

5 (1) DEEDS.— 

6 (A) NON-FEDERAL LAND.—The convey7 ance of the non-Federal land to the Secretary 

8 shall be by a warranty deed acceptable to the 

9 Secretary. 

10 (B) FEDERAL LAND.—The conveyance of 

11 the Federal land to S.S.S., Inc., shall be— 

12 (i) by quitclaim deed; and 

13 (ii) subject to any reservations, terms, 

14 and conditions that the Secretary deter15 mines to be necessary to allow the United 

16 States to operate and maintain the Mis17 sissippi River 9-Foot Navigation Project. 

18 (C) LEGAL DESCRIPTIONS.—The Secretary 

19 shall, subject to approval of S.S.S., Inc., pro20 vide a legal description of the Federal land and 

21 non-Federal land for inclusion in the deeds re22 ferred to in subparagraphs (A) and (B). 

23 (2) REMOVAL OF IMPROVEMENTS.— 

24 (A) IN GENERAL.—The Secretary may re25 quire the removal of, or S.S.S., Inc., may volunVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 tarily remove, any improvements to the non2 Federal land before the completion of the ex3 change or as a condition of the exchange. 

4 (B) NO LIABILITY.—If S.S.S., Inc., re5 moves any improvements to the non-Federal 

6 land under subparagraph (A)— 

7 (i) S.S.S., Inc., shall have no claim 

8 against the United States relating to the 

9 removal; and 

10 (ii) the United States shall not incur 

11 or be liable for any cost associated with the 

12 removal or relocation of the improvements. 

13 (3) ADMINISTRATIVE COSTS.—The Secretary 

14 shall require S.S.S., Inc. to pay reasonable adminis15 trative costs associated with the exchange. 

16 (4) CASH EQUALIZATION PAYMENT.—If the ap17 praised fair market value, as determined by the Sec18 retary, of the Federal land exceeds the appraised 

19 fair market value, as determined by the Secretary, 

20 of the non-Federal land, S.S.S., Inc., shall make a 

21 cash equalization payment to the United States. 

22 (5) DEADLINE.—The land exchange under sub23 section (b) shall be completed not later than 2 years 

24 after the date of enactment of this Act. 


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1 SEC. 3066. L–15 LEVEE, MISSOURI. 

2 The portion of the L–15 levee system that is under 

3 the jurisdiction of the Consolidated North County Levee 

4 District and situated along the right descending bank of 

5 the Mississippi River from the confluence of that river 

6 with the Missouri River and running upstream approxi7 mately 14 miles shall be considered to be a Federal levee 

8 for purposes of cost sharing under section 5 of the Act 

9 of August 18, 1941 (33 U.S.C. 701n). 

10 SEC. 3067. UNION LAKE, MISSOURI. 

11 (a) IN GENERAL.—The Secretary shall offer to con12 vey to the State of Missouri all right, title, and interest 

13 in and to approximately 205.50 acres of land described 

14 in subsection (b) purchased for the Union Lake Project 

15 that was deauthorized as of January 1, 1990 (55 Fed. 

16 Reg. 40906), in accordance with section 1001 of the 

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

18 579a(a)). 

19 (b) LAND DESCRIPTION.—The land referred to in 

20 subsection (a) is described as follows: 

21 (1) TRACT 500.—A tract of land situated in 

Franklin County, Missouri, being part of the SW1 22 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 23 ⁄4 of sec. 8, T. 

24 42 N., R. 2 W. of the fifth principal meridian, con25 sisting of approximately 112.50 acres. 


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1 (2) TRACT 605.—A tract of land situated in 

Franklin County, Missouri, being part of the N1 2 ⁄2 of 

3 the NE, and part of the SE of the NE of sec. 18, 

4 T. 42 N., R. 2 W. of the fifth principal meridian, 

5 consisting of approximately 93.00 acres. 

6 (c) CONVEYANCE.—On acceptance by the State of 

7 Missouri of the offer by the Secretary under subsection 

8 (a), the land described in subsection (b) shall immediately 

9 be conveyed, in its current condition, by Secretary to the 

10 State of Missouri. 

11 SEC. 3068. LOWER YELLOWSTONE PROJECT, MONTANA. 

12 The Secretary may use funds appropriated to carry 

13 out the Missouri River recovery and mitigation program 

14 to assist the Bureau of Reclamation in the design and con15 struction of the Lower Yellowstone project of the Bureau, 

16 Intake, Montana, for the purpose of ecosystem restoration. 

17 SEC. 3069. YELLOWSTONE RIVER AND TRIBUTARIES, MON18 TANA AND NORTH DAKOTA. 

19 (a) DEFINITION OF RESTORATION PROJECT.—In 

20 this section, the term ‘‘restoration project’’ means a 

21 project that will produce, in accordance with other Federal 

22 programs, projects, and activities, substantial ecosystem 

23 restoration and related benefits, as determined by the Sec24 retary. 


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1 (b) PROJECTS.—The Secretary shall carry out, in ac2 cordance with other Federal programs, projects, and ac3 tivities, restoration projects in the watershed of the Yel4 lowstone River and tributaries in Montana, and in North 

5 Dakota, to produce immediate and substantial ecosystem 

6 restoration and recreation benefits. 

7 (c) LOCAL PARTICIPATION.—In carrying out sub8 section (b), the Secretary shall— 

9 (1) consult with, and consider the activities 

10 being carried out by— 

11 (A) other Federal agencies; 

12 (B) Indian tribes; 

13 (C) conservation districts; and 

14 (D) the Yellowstone River Conservation 

15 District Council; and 

16 (2) seek the full participation of the State of 

17 Montana. 

18 (d) COST SHARING.—Before carrying out any res19 toration project under this section, the Secretary shall 

20 enter into an agreement with the non-Federal interest for 

21 the restoration project under which the non-Federal inter22 est shall agree— 

23 (1) to provide 35 percent of the total cost of the 

24 restoration project, including necessary land, ease25 ments, rights-of-way, relocations, and disposal sites; 


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1 (2) to pay the non-Federal share of the cost of 

2 feasibility studies and design during construction fol3 lowing execution of a project cooperation agreement; 

4 (3) to pay 100 percent of the operation, mainte5 nance, repair, replacement, and rehabilitation costs 

6 incurred after the date of enactment of this Act that 

7 are associated with the restoration project; and 

8 (4) to hold the United States harmless for any 

9 claim of damage that arises from the negligence of 

10 the Federal Government or a contractor of the Fed11 eral Government in carrying out the restoration 

12 project. 

13 (e) FORM OF NON-FEDERAL SHARE.—Not more 

14 than 50 percent of the non-Federal share of the cost of 

15 a restoration project carried out under this section may 

16 be provided in the form of in-kind credit for work per17 formed during construction of the restoration project. 

18 (f) NON-FEDERAL INTERESTS.—Notwithstanding 

19 section 221 of the Flood Control Act of 1970 (42 U.S.C. 

20 1962d–5b), with the consent of the applicable local gov21 ernment, a nonprofit entity may be a non-Federal interest 

22 for a restoration project carried out under this section. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $30,000,000. 


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1 SEC. 3070. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE2 VADA. 

3 The maximum amount of Federal funds that may be 

4 expended for the project being carried out, as of the date 

5 of enactment of this Act, under section 1135 of the Water 

6 Resources Development Act of 1986 (33 U.S.C. 2309a) 

7 for environmental restoration of McCarran Ranch, Ne8 vada, shall be $5,775,000. 

9 SEC. 3071. MIDDLE RIO GRANDE RESTORATION, NEW MEX10 ICO. 

11 (a) RESTORATION PROJECTS.— 

12 (1) DEFINITION.—The term ‘‘restoration 

13 project’’ means a project that will produce, con14 sistent with other Federal programs, projects, and 

15 activities, immediate and substantial ecosystem res16 toration and recreation benefits. 

17 (2) PROJECTS.—The Secretary shall carry out 

18 restoration projects in the Middle Rio Grande from 

19 Cochiti Dam to the headwaters of Elephant Butte 

20 Reservoir, in the State of New Mexico. 

21 (b) PROJECT SELECTION.—The Secretary shall select 

22 restoration projects in the Middle Rio Grande. 

23 (c) LOCAL PARTICIPATION.—In carrying out sub24 section (b), the Secretary shall consult with, and consider 

25 the activities being carried out by— 


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1 (1) the Middle Rio Grande Endangered Species 

2 Act Collaborative Program; and 

3 (2) the Bosque Improvement Group of the Mid4 dle Rio Grande Bosque Initiative. 

5 (d) COST SHARING.—Before carrying out any res6 toration project under this section, the Secretary shall 

7 enter into an agreement with non-Federal interests that 

8 requires the non-Federal interests to— 

9 (1) provide 35 percent of the total cost of the 

10 restoration projects including provisions for nec11 essary lands, easements, rights-of-way, relocations, 

12 and disposal sites; 

13 (2) pay 100 percent of the operation, mainte14 nance, repair, replacement, and rehabilitation costs 

15 incurred after the date of the enactment of this Act 

16 that are associated with the restoration projects; and 

17 (3) hold the United States harmless for any 

18 claim of damage that arises from the negligence of 

19 the Federal Government or a contractor of the Fed20 eral Government. 

21 (e) NON-FEDERAL INTERESTS.—Not withstanding 

22 section 221 of the Flood Control Act of 1970 (42 U.S.C. 

23 1962d–5b), a non-Federal interest for any project carried 

24 out under this section may include a nonprofit entity, with 

25 the consent of the local government. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $25,000,000 to carry out 

3 this section. 

4 SEC. 3072. LONG ISLAND SOUND OYSTER RESTORATION, 

5 NEW YORK AND CONNECTICUT. 

6 (a) IN GENERAL.—The Secretary shall plan, design, 

7 and construct projects to increase aquatic habitats within 

8 Long Island Sound and adjacent waters, including the 

9 construction and restoration of oyster beds and related 

10 shellfish habitat. 

11 (b) COST SHARING.—The non-Federal share of the 

12 cost of activities carried out under this section shall be 

13 25 percent and may be provided through in-kind services 

14 and materials. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $25,000,000 to carry out 

17 this section. 

18 SEC. 3073. ORCHARD BEACH, BRONX, NEW YORK. 

19 Section 554 of the Water Resources Development Act 

20 of 1996 (110 Stat. 3781) is amended by striking 

21 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’. 

22 SEC. 3074. NEW YORK HARBOR, NEW YORK, NEW YORK. 

23 Section 217 of the Water Resources Development Act 

24 of 1996 (33 U.S.C. 2326a) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (d); 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) DREDGED MATERIAL FACILITY.— 

6 ‘‘(1) IN GENERAL.—The Secretary may enter 

7 into cost-sharing agreements with 1 or more non8 Federal public interests with respect to a project, or 

9 group of projects within a geographic region, if ap10 propriate, for the acquisition, design, construction, 

11 management, or operation of a dredged material 

12 processing, treatment, contaminant reduction, or 

13 disposal facility (including any facility used to dem14 onstrate potential beneficial uses of dredged mate15 rial, which may include effective sediment contami16 nant reduction technologies) using funds provided in 

17 whole or in part by the Federal Government. 

18 ‘‘(2) PERFORMANCE.—One or more of the par19 ties to the agreement may perform the acquisition, 

20 design, construction, management, or operation of a 

21 dredged material processing, treatment, contaminant 

22 reduction, or disposal facility. 

23 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If ap24 propriate, the Secretary may combine portions of 

25 separate Federal projects with appropriate combined 


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1 cost-sharing between the various projects, if the fa2 cility serves to manage dredged material from mul3 tiple Federal projects located in the geographic re4 gion of the facility. 

5 ‘‘(4) PUBLIC FINANCING.— 

6 ‘‘(A) AGREEMENTS.— 

7 ‘‘(i) SPECIFIED FEDERAL FUNDING

8 SOURCES AND COST SHARING.—The cost9 sharing agreement used shall clearly speci10 fy— 

11 ‘‘(I) the Federal funding sources 

12 and combined cost-sharing when ap13 plicable to multiple Federal navigation 

14 projects; and 

15 ‘‘(II) the responsibilities and 

16 risks of each of the parties related to 

17 present and future dredged material 

18 managed by the facility. 

19 ‘‘(ii) MANAGEMENT OF SEDIMENTS.— 

20 ‘‘(I) IN GENERAL.—The cost21 sharing agreement may include the 

22 management of sediments from the 

23 maintenance dredging of Federal 

24 navigation projects that do not have 

25 partnerships agreements. 


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1 ‘‘(II) PAYMENTS.—The cost2 sharing agreement may allow the non3 Federal interest to receive reimburs4 able payments from the Federal Gov5 ernment for commitments made by 

6 the non-Federal interest for disposal 

7 or placement capacity at dredged ma8 terial treatment, processing, contami9 nant reduction, or disposal facilities. 

10 ‘‘(iii) CREDIT.—The cost-sharing 

11 agreement may allow costs incurred prior 

12 to execution of a partnership agreement 

13 for construction or the purchase of equip14 ment or capacity for the project to be cred15 ited according to existing cost-sharing 

16 rules. 

17 ‘‘(B) CREDIT.— 

18 ‘‘(i) EFFECT ON EXISTING AGREE19 MENTS.—Nothing in this subsection super20 sedes or modifies an agreement in effect on 

21 the date of enactment of this paragraph 

22 between the Federal Government and any 

23 other non-Federal interest for the cost24 sharing, construction, and operation and 


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1 maintenance of a Federal navigation 

2 project. 

3 ‘‘(ii) CREDIT FOR FUNDS.—Subject to 

4 the approval of the Secretary and in ac5 cordance with law (including regulations 

6 and policies) in effect on the date of enact7 ment of this paragraph, a non-Federal 

8 public interest of a Federal navigation 

9 project may seek credit for funds provided 

10 for the acquisition, design, construction, 

11 management, or operation of a dredged 

12 material processing, treatment, or disposal 

13 facility to the extent the facility is used to 

14 manage dredged material from the Federal 

15 navigation project. 

16 ‘‘(iii) NON-FEDERAL INTEREST RE17 SPONSIBILITIES.—The non-Federal inter18 est shall— 

19 ‘‘(I) be responsible for providing 

20 all necessary land, easement rights-of21 way, or relocations associated with the 

22 facility; and 

23 ‘‘(II) receive credit for those 

24 items.’’; and 


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1 (3) in paragraphs (1) and (2)(A) of subsection 

2 (d) (as redesignated by paragraph (1))— 

3 (A) by inserting ‘‘and maintenance’’ after 

4 ‘‘operation’’ each place it appears; and 

5 (B) by inserting ‘‘processing, treatment, 

6 or’’ after ‘‘dredged material’’ the first place it 

7 appears in each of those paragraphs. 

8 SEC. 3075. MISSOURI RIVER RESTORATION, NORTH DA9 KOTA. 

10 Section 707(a) of the Water Resources Act of 2000 

11 (114 Stat. 2699) is amended in the first sentence by strik12 ing ‘‘$5,000,000’’ and all that follows through ‘‘2005’’ and 

13 inserting ‘‘$25,000,000’’. 

14 SEC. 3076. LOWER GIRARD LAKE DAM, GIRARD, OHIO. 

15 Section 507(1) of the Water Resources Development 

16 Act of 1996 (110 Stat. 3758) is amended— 

17 (1) by striking ‘‘$2,500,000’’ and inserting 

18 ‘‘$5,500,000’’; and 

19 (2) by adding before the period at the end the 

20 following: ‘‘(which repair and rehabilitation shall in21 clude lowering the crest of the Dam by not more 

22 than 12.5 feet)’’. 


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1 SEC. 3077. TOUSSAINT RIVER NAVIGATION PROJECT, CAR2 ROLL TOWNSHIP, OHIO. 

3 Increased operation and maintenance activities for 

4 the Toussaint River Federal Navigation Project, Carroll 

5 Township, Ohio, that are carried out in accordance with 

6 section 107 of the River and Harbor Act of 1960 (33 

7 U.S.C. 577) and relate directly to the presence of 

8 unexploded ordnance, shall be carried out at full Federal 

9 expense. 

10 SEC. 3078. ARCADIA LAKE, OKLAHOMA. 

11 Payments made by the city of Edmond, Oklahoma, 

12 to the Secretary in October 1999 of all costs associated 

13 with present and future water storage costs at Arcadia 

14 Lake, Oklahoma, under Arcadia Lake Water Storage Con15 tract Number DACW56–79–C–0072 shall satisfy the obli16 gations of the city under that contract. 

17 SEC. 3079. LAKE EUFAULA, OKLAHOMA. 

18 (a) PROJECT GOAL.— 

19 (1) IN GENERAL.—The goal for operation of 

20 Lake Eufaula shall be to maximize the use of avail21 able storage in a balanced approach that incor22 porates advice from representatives from all the 

23 project purposes to ensure that the full value of the 

24 reservoir is realized by the United States. 

25 (2) RECOGNITION OF PURPOSE.—To achieve 

26 the goal described in paragraph (1), recreation is 


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1 recognized as a project purpose at Lake Eufaula, 

2 pursuant to the Act of December 22, 1944 (com3 monly known as the ‘‘Flood Control Act of 1944’’) 

4 (58 Stat. 887, chapter 665). 

5 (b) LAKE EUFAULA ADVISORY COMMITTEE.— 

6 (1) IN GENERAL.—In accordance with the Fed7 eral Advisory Committee Act (5 U.S.C. App.), the 

8 Secretary shall establish an advisory committee for 

9 the Lake Eufaula, Canadian River, Oklahoma 

10 project authorized by the Act of July 24, 1946 (com11 monly known as the ‘‘River and Harbor Act of 

12 1946’’) (Public Law 79–525; 60 Stat. 634). 

13 (2) PURPOSE.—The purpose of the committee 

14 shall be advisory only. 

15 (3) DUTIES.—The committee shall provide in16 formation and recommendations to the Corps of En17 gineers regarding the operations of Lake Eufaula for 

18 the project purposes for Lake Eufaula. 

19 (4) COMPOSITION.—The Committee shall be 

20 composed of members that equally represent the 

21 project purposes for Lake Eufaula. 

22 (c) REALLOCATION STUDY.— 

23 (1) IN GENERAL.—Subject to the appropriation 

24 of funds, the Secretary, acting through the Chief of 

25 Engineers, shall perform a reallocation study, at full 


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1 Federal expense, to develop and present rec2 ommendations concerning the best value, while mini3 mizing ecological damages, for current and future 

4 use of the Lake Eufaula storage capacity for the au5 thorized project purposes of flood control, water sup6 ply, hydroelectric power, navigation, fish and wild7 life, and recreation. 

8 (2) FACTORS FOR CONSIDERATION.—The re9 allocation study shall take into consideration the rec10 ommendations of the Lake Eufaula Advisory Com11 mittee. 

12 (d) POOL MANAGEMENT PLAN.— 

13 (1) IN GENERAL.—Not later than 360 days 

14 after the date of enactment of this Act, to the extent 

15 feasible within available project funds and subject to 

16 the completion and approval of the reallocation 

17 study under subsection (c), the Tulsa District Engi18 neer, taking into consideration recommendations of 

19 the Lake Eufaula Advisory Committee, shall develop 

20 an interim management plan that accommodates all 

21 project purposes for Lake Eufaula. 

22 (2) MODIFICATIONS.—A modification of the 

23 plan under paragraph (1) shall not cause significant 

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1 cluding flood control operation, relating to Lake 

2 Eufaula. 

3 SEC. 3080. RELEASE OF REVERSIONARY INTEREST, OKLA4 HOMA. 

5 (a) RELEASE.—Any reversionary interest relating to 

6 public parks and recreation on the land conveyed by the 

7 Secretary to the State of Oklahoma at Lake Texoma pur8 suant to the Act entitled ‘‘An Act to authorize the sale 

9 of certain lands to the State of Oklahoma’’ (67 Stat. 63, 

10 chapter 118), shall terminate on the date of enactment 

11 of this Act. 

12 (b) INSTRUMENT OF RELEASE.—As soon as prac13 ticable after the date of enactment of this Act, the Sec14 retary shall execute and file in the appropriate office a 

15 deed of release, an amended deed, or another appropriate 

16 instrument to release each reversionary interest described 

17 in subsection (a). 

18 (c) PRESERVATION OF RESERVED RIGHTS.—A re19 lease of a reversionary interest under this section shall not 

20 affect any other right of the United States in any deed 

21 of conveyance pursuant to the Act entitled ‘‘An Act to au22 thorize the sale of certain lands to the State of Oklahoma’’ 

23 (67 Stat. 63, chapter 118). 


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1 SEC. 3081. 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 Sec5 retary shall implement an innovative program at the lakes 

6 located primarily in the State of Oklahoma that are a part 

7 of an authorized civil works project under the administra8 tive jurisdiction of the Corps of Engineers for the purpose 

9 of demonstrating the benefits of enhanced recreation fa10 cilities and 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 op18 timize 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 

3 shall submit to the Committee on Environment and 

4 Public Works of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of 

6 Representatives a report describing the results of the 

7 program 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 re12 lated recreational opportunities; 

13 (B) a description of any leases entered 

14 into, 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. 3082. WAURIKA LAKE, OKLAHOMA. 

24 The remaining obligation of the Waurika Project 

25 Master Conservancy District payable to the United States 


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1 Government in the amounts, rates of interest, and pay2 ment schedules— 

3 (1) is set at the amounts, rates of interest, and 

4 payment schedules that existed on June 3, 1986; 

5 and 

6 (2) may not be adjusted, altered, or changed 

7 without a specific, separate, and written agreement 

8 between the District and the United States. 

9 SEC. 3083. LOOKOUT POINT PROJECT, LOWELL, OREGON. 

10 (a) IN GENERAL.—Subject to subsection (c), the Sec11 retary shall convey at fair market value to the Lowell 

12 School District No. 71, all right, title, and interest of the 

13 United States in and to a parcel consisting of approxi14 mately 0.98 acres of land, including 3 abandoned buildings 

15 on the land, located in Lowell, Oregon, as described in 

16 subsection (b). 

17 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

18 to be conveyed under subsection (a) is more particularly 

19 described as follows: Commencing at the point of intersec20 tion of the west line of Pioneer Street with the westerly 

21 extension of the north line of Summit Street, in Meadows 

22 Addition to Lowell, as platted and recorded on page 56 

23 of volume 4, Lane County Oregon Plat Records; thence 

24 north on the west line of Pioneer Street a distance of 

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1 tion; thence north on the west line of Pioneer Street a 

2 distance of 170.0 feet; thence west at right angles to the 

3 west line of Pioneer Street a distance of 250.0 feet; thence 

4 south and parallel to the west line of Pioneer Street a dis5 tance of 170.0 feet; and thence east 250.0 feet to the true 

6 point of beginning of this description in sec. 14, T. 19 

7 S., R. 1 W. of the Willamette Meridian, Lane County, Or8 egon. 

9 (c) CONDITION.—The Secretary shall not complete 

10 the conveyance under subsection (a) until such time as the 

11 Forest Service— 

12 (1) completes and certifies that necessary envi13 ronmental remediation associated with the structures 

14 located on the property is complete; and 

15 (2) transfers the structures to the Corps of En16 gineers. 

17 (d) EFFECT OF OTHER LAW.— 

18 (1) APPLICABILITY OF PROPERTY SCREENING

19 PROVISIONS.—Section 2696 of title 10, United 

20 States Code, shall not apply to any conveyance 

21 under this section. 

22 (2) LIABILITY.— 

23 (A) IN GENERAL.—Lowell School District 

24 No, 71 shall hold the United States harmless 

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1 ried out on the property described in subsection 

2 (b) on or after the date of the conveyance under 

3 subsection (a). 

4 (B) CERTAIN ACTIVITIES.—The United 

5 States shall be liable with respect to any activ6 ity carried out on the property described in sub7 section (b) before the date of conveyance under 

8 subsection (a). 

9 SEC. 3084. UPPER WILLAMETTE RIVER WATERSHED ECO10 SYSTEM RESTORATION. 

11 (a) IN GENERAL.—The Secretary shall conduct stud12 ies and ecosystem restoration projects for the upper Wil13 lamette River watershed from Albany, Oregon, to the 

14 headwaters of the Willamette River and tributaries. 

15 (b) CONSULTATION.—The Secretary shall carry out 

16 ecosystem restoration projects under this section for the 

17 Upper Willamette River watershed in consultation with 

18 the Governor of the State of Oregon, the heads of appro19 priate Indian tribes, the Environmental Protection Agen20 cy, the United States Fish and Wildlife Service, the Na21 tional Marine Fisheries Service, the Bureau of Land Man22 agement, the Forest Service, and local entities. 

23 (c) AUTHORIZED ACTIVITIES.—In carrying out eco24 system restoration projects under this section, the SecVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 retary shall undertake activities necessary to protect, mon2 itor, and restore fish and wildlife habitat. 

3 (d) COST SHARING REQUIREMENTS.— 

4 (1) STUDIES.—Studies conducted under this 

5 section shall be subject to cost sharing in accordance 

6 with section 206 of the Water Resources Develop7 ment Act of 1996 (33 U.S.C. 2330). 

8 (2) ECOSYSTEM RESTORATION PROJECTS.— 

9 (A) IN GENERAL.—Non-Federal interests 

10 shall pay 35 percent of the cost of any eco11 system restoration project carried out under 

12 this section. 

13 (B) ITEMS PROVIDED BY NON-FEDERAL

14 INTERESTS.— 

15 (i) IN GENERAL.—Non-Federal inter16 ests shall provide all land, easements, 

17 rights-of-way, dredged material disposal 

18 areas, and relocations necessary for eco19 system restoration projects to be carried 

20 out under this section. 

21 (ii) CREDIT TOWARD PAYMENT.—The 

22 value of the land, easements, rights-of-way, 

23 dredged material disposal areas, and relo24 cations provided under paragraph (1) shall 


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1 be credited toward the payment required 

2 under subsection (a). 

3 (C) IN-KIND CONTRIBUTIONS.—100 per4 cent of the non-Federal share required under 

5 subsection (a) may be satisfied by the provision 

6 of in-kind contributions. 

7 (3) OPERATIONS AND MAINTENANCE.—Non8 Federal interests shall be responsible for all costs as9 sociated with operating, maintaining, replacing, re10 pairing, and rehabilitating all projects carried out 

11 under this section. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $15,000,000. 

15 SEC. 3085. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL16 VANIA AND NEW YORK. 

17 Section 567 of the Water Resources Development Act 

18 of 1996 (110 Stat. 3787) is amended— 

19 (1) by striking subsection (c) and inserting the 

20 following: 

21 ‘‘(c) COOPERATION AGREEMENTS.— 

22 ‘‘(1) IN GENERAL.—In conducting the study 

23 and implementing the strategy under this section, 

24 the Secretary shall enter into cost-sharing and 

25 project cooperation agreements with the Federal 


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1 Government, State and local governments (with the 

2 consent of the State and local governments), land 

3 trusts, or nonprofit, nongovernmental organizations 

4 with expertise in wetland restoration. 

5 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co6 operation agreement, the Secretary may provide as7 sistance for implementation of wetland restoration 

8 projects and soil and water conservation measures.’’; 

9 and 

10 (2) by striking subsection (d) and inserting the 

11 following: 

12 ‘‘(d) IMPLEMENTATION OF STRATEGY.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out the development, demonstration, and implemen15 tation of the strategy under this section in coopera16 tion with local landowners, local government offi17 cials, and land trusts. 

18 ‘‘(2) GOALS OF PROJECTS.—Projects to imple19 ment the strategy under this subsection shall be de20 signed to take advantage of ongoing or planned ac21 tions by other agencies, local municipalities, or non22 profit, nongovernmental organizations with expertise 

23 in wetland restoration that would increase the effec24 tiveness or decrease the overall cost of implementing 

25 recommended projects.’’. 


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1 SEC. 3086. NARRAGANSETT BAY, RHODE ISLAND. 

2 The Secretary may use amounts in the Environ3 mental Restoration Account, Formerly Used Defense 

4 Sites, under section 2703(a)(5) of title 10, United States 

5 Code, for the removal of abandoned marine camels at any 

6 Formerly Used Defense Site under the jurisdiction of the 

7 Department of Defense that is undergoing (or is scheduled 

8 to undergo) environmental remediation under chapter 160 

9 of title 10, United States Code (and other provisions of 

10 law), in Narragansett Bay, Rhode Island, in accordance 

11 with the Corps of Engineers prioritization process under 

12 the Formerly Used Defense Sites program. 

13 SEC. 3087. 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 

19 of land described in subsection (b)(1) that are managed, 

20 as of the date of enactment of this Act, by the South Caro21 lina Department of Commerce for public recreation pur22 poses for the Richard B. Russell Dam and Lake, South 

23 Carolina, project authorized by section 203 of the Flood 

24 Control Act of 1966 (80 Stat. 1420). 

25 (b) LAND DESCRIPTION.— 


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1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), the parcels of land referred to in subsection 

3 (a) are the parcels contained in the portion of land 

4 described in Army Lease Number DACW21–1–92– 

5 0500. 

6 (2) RETENTION OF INTERESTS.—The United 

7 States shall retain— 

8 (A) ownership of all land included in the 

9 lease referred to in paragraph (1) that would 

10 have been acquired for operational purposes in 

11 accordance with the 1971 implementation of the 

12 1962 Army/Interior Joint Acquisition Policy; 

13 and 

14 (B) such other land as is determined by 

15 the Secretary to be required for authorized 

16 project purposes, including easement rights-of17 way to remaining Federal land. 

18 (3) SURVEY.—The exact acreage and legal de19 scription of the land described in paragraph (1) shall 

20 be determined by a survey satisfactory to the Sec21 retary, with the cost of the survey to be paid by the 

22 State. 

23 (c) GENERAL PROVISIONS.— 

24 (1) APPLICABILITY OF PROPERTY SCREENING

25 PROVISIONS.—Section 2696 of title 10, United 


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1 States Code, shall not apply to the conveyance under 

2 this section. 

3 (2) ADDITIONAL TERMS AND CONDITIONS.— 

4 The Secretary may require that the conveyance 

5 under this section be subject to such additional 

6 terms and conditions as the Secretary considers ap7 propriate to protect the interests of the United 

8 States. 

9 (3) COSTS OF CONVEYANCE.— 

10 (A) IN GENERAL.—The State shall be re11 sponsible for all costs, including real estate 

12 transaction and environmental compliance 

13 costs, associated with the conveyance under this 

14 section. 

15 (B) FORM OF CONTRIBUTION.—As deter16 mined appropriate by the Secretary, in lieu of 

17 payment of compensation to the United States 

18 under subparagraph (A), the State may per19 form certain environmental or real estate ac20 tions associated with the conveyance under this 

21 section if those actions are performed in close 

22 coordination with, and to the satisfaction of, the 

23 United States. 

24 (4) LIABILITY.—The State shall hold the 

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1 spect to activities carried out, on or after the date 

2 of the conveyance, on the real property conveyed 

3 under this section. 

4 (d) ADDITIONAL TERMS AND CONDITIONS.— 

5 (1) IN GENERAL.—The State shall pay fair 

6 market value consideration, as determined by the 

7 United States, for any land included in the convey8 ance under this section. 

9 (2) NO EFFECT ON SHORE MANAGEMENT POL10 ICY.—The Shoreline Management Policy (ER–1130– 

11 2–406) of the Corps of Engineers shall not be 

12 changed or altered for any proposed development of 

13 land conveyed under this section. 

14 (3) FEDERAL STATUTES.—The conveyance 

15 under this section shall be subject to the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 4321 

17 et seq.) (including public review under that Act) and 

18 other Federal statutes. 

19 (4) COST SHARING.—In carrying out the con20 veyance under this section, the Secretary and the 

21 State shall comply with all obligations of any cost 

22 sharing agreement between the Secretary and the 

23 State in effect as of the date of the conveyance. 

24 (5) LAND NOT CONVEYED.—The State shall 

25 continue to manage the land not conveyed under this 


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1 section in accordance with the terms and conditions 

2 of Army Lease Number DACW21–1–92–0500. 

3 SEC. 3088. MISSOURI RIVER RESTORATION, SOUTH DA4 KOTA. 

5 (a) MEMBERSHIP.—Section 904(b)(1)(B) of the 

6 Water Resources Development Act of 2000 (114 Stat. 

7 2708) is amended— 

8 (1) in clause (vii), by striking ‘‘and’’ at the end; 

9 (2) by redesignating clause (viii) as clause (ix); 

10 and 

11 (3) by inserting after clause (vii) the following: 

12 ‘‘(viii) rural water systems; and’’. 

13 (b) REAUTHORIZATION.—Section 907(a) of the 

14 Water Resources Development Act of 2000 (114 Stat. 

15 2712) is amended in the first sentence by striking ‘‘2005’’ 

16 and inserting ‘‘2010’’. 

17 SEC. 3089. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN18 HANCEMENT PROJECT. 

19 Section 514 of the Water Resources Development Act 

20 of 1999 (113 Stat. 343; 117 Stat. 142) is amended— 

21 (1) by redesignating subsections (f) and (g) as 

22 subsections (h) and (i), respectively; 

23 (2) in subsection (h) (as redesignated by para24 graph (1)), by striking paragraph (1) and inserting 

25 the following: 


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1 ‘‘(1) NON-FEDERAL SHARE.— 

2 ‘‘(A) IN GENERAL.—The non-Federal 

3 share of the cost of projects may be provided— 

4 ‘‘(i) in cash; 

5 ‘‘(ii) by the provision of land, ease6 ments, rights-of-way, relocations, or dis7 posal areas; 

8 ‘‘(iii) by in-kind services to implement 

9 the project; or 

10 ‘‘(iv) by any combination of the fore11 going. 

12 ‘‘(B) PRIVATE OWNERSHIP.—Land needed 

13 for a project under this authority may remain 

14 in private ownership subject to easements that 

15 are— 

16 ‘‘(i) satisfactory to the Secretary; and 

17 ‘‘(ii) necessary to assure achievement 

18 of the project purposes.’’; 

19 (3) in subsection (i) (as redesignated by para20 graph (1)), by striking ‘‘for the period of fiscal years 

21 2000 and 2001.’’ and inserting ‘‘per year, and that 

22 authority shall extend until Federal fiscal year 

23 2015.’’; and 

24 (4) by inserting after subsection (e) the fol25 lowing: 


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1 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

3 1962d–5b(b)), for any project undertaken under this sec4 tion, a non-Federal interest may include a regional or na5 tional nonprofit entity with the consent of the affected 

6 local government. 

7 ‘‘(g) COST LIMITATION.—Not more than $5,000,000 

8 in Federal funds may be allotted under this section for 

9 a project at any single locality.’’. 

10 SEC. 3090. NONCONNAH WEIR, MEMPHIS, TENNESSEE. 

11 The project for flood control, Nonconnah Creek, Ten12 nessee and Mississippi, authorized by section 401 of the 

13 Water Resources Development Act of 1986 (100 Stat. 

14 4124) and modified by the section 334 of the Water Re15 sources Development Act of 2000 (114 Stat. 2611), is 

16 modified to authorize the Secretary— 

17 (1) to reconstruct, at full Federal expense, the 

18 weir originally constructed in the vicinity of the 

19 mouth of Nonconnah Creek; and 

20 (2) to make repairs and maintain the weir in 

21 the future so that the weir functions properly. 

22 SEC. 3091. OLD HICKORY LOCK AND DAM, CUMBERLAND 

23 RIVER, TENNESSEE. 

24 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, 

25 RESERVATIONS.—With respect to land conveyed by the 


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1 Secretary to the Tennessee Society of Crippled Children 

2 and Adults, Incorporated (commonly known as ‘‘Easter 

3 Seals Tennessee’’) at Old Hickory Lock and Dam, Cum4 berland River, Tennessee, under section 211 of the Flood 

5 Control Act of 1965 (79 Stat. 1087), the reversionary in6 terests and the use restrictions relating to recreation and 

7 camping purposes are extinguished. 

8 (b) INSTRUMENT OF RELEASE.—As soon as prac9 ticable after the date of enactment of this Act, the Sec10 retary shall execute and file in the appropriate office a 

11 deed of release, amended deed, or other appropriate in12 strument effectuating the release of interests required by 

13 subsection (a). 

14 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

15 section affects any remaining right or interest of the Corps 

16 of Engineers with respect to an authorized purpose of any 

17 project. 

18 SEC. 3092. SANDY CREEK, JACKSON COUNTY, TENNESSEE. 

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

20 project for flood damage reduction under section 205 of 

21 the Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy 

22 Creek, Jackson County, Tennessee, if the Secretary deter23 mines that the project is technically sound, environ24 mentally acceptable, and economically justified. 


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1 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU2 TARIES PROJECT, TENNESSEE.—Consistent with the re3 port of the Chief of Engineers dated March 24, 1948, on 

4 the West Tennessee Tributaries project— 

5 (1) Sandy Creek shall not be considered to be 

6 an authorized channel of the West Tennessee Tribu7 taries Project; and 

8 (2) the Sandy Creek flood damage reduction 

9 project shall not be considered to be part of the 

10 West Tennessee Tributaries Project. 

11 SEC. 3093. CEDAR BAYOU, TEXAS. 

12 Section 349(a)(2) of the Water Resources Develop13 ment Act of 2000 (114 Stat. 2632) is amended by striking 

14 ‘‘except that the project is authorized only for construction 

15 of a navigation channel 12 feet deep by 125 feet wide’’ 

16 and inserting ‘‘except that the project is authorized for 

17 construction of a navigation channel that is 10 feet deep 

18 by 100 feet wide’’. 

19 SEC. 3094. DENISON, TEXAS. 

20 (a) IN GENERAL.—The Secretary may offer to convey 

21 at fair market value to the city of Denison, Texas (or a 

22 designee of the city), all right, title, and interest of the 

23 United States in and to the approximately 900 acres of 

24 land located in Grayson County, Texas, which is currently 

25 subject to an Application for Lease for Public Park and 


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1 Recreational Purposes made by the city of Denison, dated 

2 August 17, 2005. 

3 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

4 exact acreage and description of the real property referred 

5 to in subsection (a) shall be determined by a survey paid 

6 for by the city of Denison, Texas (or a designee of the 

7 city), that is satisfactory to the Secretary. 

8 (c) CONVEYANCE.—On acceptance by the city of 

9 Denison, Texas (or a designee of the city), of an offer 

10 under subsection (a), the Secretary may immediately con11 vey the land surveyed under subsection (b) by quitclaim 

12 deed to the city of Denison, Texas (or a designee of the 

13 city). 

14 SEC. 3095. FREEPORT HARBOR, TEXAS. 

15 (a) IN GENERAL.—The project for navigation, Free16 port Harbor, Texas, authorized by section 101 of the River 

17 and Harbor Act of 1970 (84 Stat. 1818), is modified to 

18 provide that— 

19 (1) all project costs incurred as a result of the 

20 discovery of the sunken vessel COMSTOCK of the 

21 Corps of Engineers are a Federal responsibility; and 

22 (2) the Secretary shall not seek further obliga23 tion or responsibility for removal of the vessel COM24 STOCK, or costs associated with a delay due to the 


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1 discovery of the sunken vessel COMSTOCK, from 

2 the Port of Freeport. 

3 (b) COST SHARING.—This section does not affect the 

4 authorized cost sharing for the balance of the project de5 scribed in subsection (a). 

6 SEC. 3096. HARRIS COUNTY, TEXAS. 

7 Section 575(b) of the Water Resources Development 

8 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amend9 ed— 

10 (1) in paragraph (3), by striking ‘‘and’’ at the 

11 end; 

12 (2) in paragraph (4), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (3) by adding the following: 

15 ‘‘(5) the project for flood control, Upper White 

16 Oak Bayou, Texas, authorized by section 401(a) of 

17 the Water Resources Development Act of 1986 (100 

18 Stat. 4125).’’. 

19 SEC. 3097. CONNECTICUT RIVER RESTORATION, VERMONT. 

20 Notwithstanding section 221 of the Flood Control 

21 Act of 1970 (42 U.S.C. 1962d–5b), with respect to the 

22 study entitled ‘‘Connecticut River Restoration Authority’’, 

23 dated May 23, 2001, a nonprofit entity may act as the 

24 non-Federal interest for purposes of carrying out the ac25 tivities described in the agreement executed between The 


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1 Nature Conservancy and the Department of the Army on 

2 August 5, 2005. 

3 SEC. 3098. DAM REMEDIATION, VERMONT. 

4 Section 543 of the Water Resources Development Act 

5 of 2000 (114 Stat. 2673) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(4) may carry out measures to restore, pro13 tect, and preserve an ecosystem affected by a dam 

14 described in subsection (b).’’; and 

15 (2) in subsection (b), by adding at the end the 

16 following: 

17 ‘‘(11) Camp Wapanacki, Hardwick. 

18 ‘‘(12) Star Lake Dam, Mt. Holly. 

19 ‘‘(13) Curtis Pond, Calais. 

20 ‘‘(14) Weathersfield Reservoir, Springfield. 

21 ‘‘(15) Burr Pond, Sudbury. 

22 ‘‘(16) Maidstone Lake, Guildhall. 

23 ‘‘(17) Upper and Lower Hurricane Dam. 

24 ‘‘(18) Lake Fairlee. 

25 ‘‘(19) West Charleston Dam.’’. 


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1 SEC. 3099. 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 re6 vise the existing General Design Memorandum to permit 

7 the use of chemical means of control, when appropriate, 

8 of Eurasian milfoil, water chestnuts, and other nonnative 

9 plants in the Lake Champlain basin, Vermont. 

10 SEC. 3100. UPPER CONNECTICUT RIVER BASIN WETLAND 

11 RESTORATION, VERMONT AND NEW HAMP12 SHIRE. 

13 (a) IN GENERAL.—The Secretary, in cooperation 

14 with the States of Vermont and New Hampshire, shall 

15 carry out a study and develop a strategy for the use of 

16 wetland restoration, soil and water conservation practices, 

17 and nonstructural measures to reduce flood damage, im18 prove water quality, and create wildlife habitat in the 

19 Upper Connecticut River watershed. 

20 (b) COST SHARING.— 

21 (1) FEDERAL SHARE.—The Federal share of 

22 the cost of the study and development of the strat23 egy 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 


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1 the strategy may be provided through the contribu2 tion of in-kind services and materials. 

3 (c) NON-FEDERAL INTEREST.—A nonprofit organi4 zation with wetland restoration experience may serve as 

5 the non-Federal interest for the study and development 

6 of the 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 agree10 ments to provide technical assistance to appropriate Fed11 eral, State, and local agencies and nonprofit organizations 

12 with wetland restoration experience, including assistance 

13 for the implementation of wetland restoration projects and 

14 soil and water conservation measures. 

15 (e) IMPLEMENTATION.—The Secretary shall carry 

16 out development and implementation of the strategy under 

17 this section in cooperation with local landowners and local 

18 government 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. 


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1 SEC. 3101. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 

2 RESTORATION, VERMONT AND NEW HAMP3 SHIRE. 

4 (a) GENERAL MANAGEMENT PLAN DEVELOP5 MENT.— 

6 (1) IN GENERAL.—The Secretary, in coopera7 tion with the Secretary of Agriculture and in con8 sultation with the States of Vermont and New 

9 Hampshire and the Connecticut River Joint Com10 mission, shall conduct a study and develop a general 

11 management plan for ecosystem restoration of the 

12 Upper Connecticut River ecosystem for the purposes 

13 of— 

14 (A) habitat protection and restoration; 

15 (B) streambank stabilization; 

16 (C) restoration of stream stability; 

17 (D) water quality improvement; 

18 (E) invasive species control; 

19 (F) wetland restoration; 

20 (G) fish passage; and 

21 (H) natural flow restoration. 

22 (2) EXISTING PLANS.—In developing the gen23 eral management plan, the Secretary shall depend 

24 heavily on existing plans for the restoration of the 

25 Upper Connecticut River. 

26 (b) CRITICAL RESTORATION PROJECTS.— 


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1 (1) IN GENERAL.—The Secretary may partici2 pate in any critical restoration project in the Upper 

3 Connecticut River Basin in accordance with the gen4 eral management plan developed under subsection 

5 (a). 

6 (2) ELIGIBLE PROJECTS.—A critical restoration 

7 project shall be eligible for assistance under this sec8 tion if the project— 

9 (A) meets the purposes described in the 

10 general management plan developed under sub11 section (a); and 

12 (B) with respect to the Upper Connecticut 

13 River and Upper Connecticut River watershed, 

14 consists of— 

15 (i) bank stabilization of the main 

16 stem, tributaries, and streams; 

17 (ii) wetland restoration and migratory 

18 bird habitat restoration; 

19 (iii) soil and water conservation; 

20 (iv) restoration of natural flows; 

21 (v) restoration of stream stability; 

22 (vi) implementation of an intergovern23 mental agreement for coordinating eco24 system restoration, fish passage installa25 tion, streambank stabilization, wetland resVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 toration, habitat protection and restora2 tion, or natural flow restoration; 

3 (vii) water quality improvement; 

4 (viii) invasive species control; 

5 (ix) wetland restoration and migratory 

6 bird habitat restoration; 

7 (x) improvements in fish migration; 

8 and 

9 (xi) conduct of any other project or 

10 activity determined to be appropriate by 

11 the Secretary. 

12 (c) COST SHARING.—The Federal share of the cost 

13 of any project carried out under this section shall not be 

14 less than 65 percent. 

15 (d) NON-FEDERAL INTEREST.—A nonprofit organi16 zation may serve as the non-Federal interest for a project 

17 carried out under this section. 

18 (e) CREDITING.— 

19 (1) FOR WORK.—The Secretary shall provide 

20 credit, including credit for in-kind contributions of 

21 up to 100 percent of the non-Federal share, for 

22 work (including design work and materials) if the 

23 Secretary determines that the work performed by 

24 the non-Federal interest is integral to the product. 


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1 (2) FOR OTHER CONTRIBUTIONS.—The non2 Federal interest shall receive credit for land, ease3 ments, rights-of-way, dredged material disposal 

4 areas, and relocations necessary to implement the 

5 projects. 

6 (f) COOPERATIVE AGREEMENTS.—In carrying out 

7 this section, the Secretary may enter into 1 or more coop8 erative agreements to provide financial assistance to ap9 propriate Federal, State, or local governments or non10 profit agencies, including assistance for the implementa11 tion of projects to be carried out under subsection (b). 

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. 3102. LAKE CHAMPLAIN WATERSHED, VERMONT AND 

16 NEW YORK. 

17 Section 542 of the Water Resources Development Act 

18 of 2000 (114 Stat. 2671) is amended— 

19 (1) in subsection (b)(2)— 

20 (A) in subparagraph (D), by striking ‘‘or’’ 

21 at the end; 

22 (B) by redesignating subparagraph (E) as 

23 subparagraph (G); and 

24 (C) by inserting after subparagraph (D) 

25 the following: 


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1 ‘‘(E) river corridor assessment, protection, 

2 management, and restoration for the purposes 

3 of ecosystem restoration; 

4 ‘‘(F) geographic mapping conducted by the 

5 Secretary using existing technical capacity to 

6 produce a high-resolution, multispectral satellite 

7 imagery-based land use and cover data set; or’’; 

8 (2) in subsection (e)(2)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘The non-Federal’’ and 

11 inserting the following: 

12 ‘‘(i) IN GENERAL.—The non-Federal’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) APPROVAL OF DISTRICT ENGI17 NEER.—Approval of credit for design work 

18 of less than $100,000 shall be determined 

19 by the appropriate district engineer.’’; and 

20 (B) in subparagraph (C), by striking ‘‘up 

21 to 50 percent of’’; and 

22 (3) in subsection (g), by striking 

23 ‘‘$20,000,000’’ and inserting ‘‘$32,000,000’’. 


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1 SEC. 3103. CHESAPEAKE BAY OYSTER RESTORATION, VIR2 GINIA AND MARYLAND. 

3 Section 704(b) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2263(b)) is amended— 

5 (1) by redesignating paragraph (2) as para6 graph (4); 

7 (2) in paragraph (1)— 

8 (A) in the second sentence, by striking 

9 ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’; 

10 and 

11 (B) in the third sentence, by striking 

12 ‘‘Such projects’’ and inserting the following: 

13 ‘‘(2) INCLUSIONS.—Such projects’’; 

14 (3) by striking paragraph (2)(D) (as redesig15 nated by paragraph (2)(B)) and inserting the fol16 lowing: 

17 ‘‘(D) the restoration and rehabilitation of 

18 habitat for fish, including native oysters, in the 

19 Chesapeake Bay and its tributaries in Virginia 

20 and Maryland, including— 

21 ‘‘(i) the construction of oyster bars 

22 and reefs; 

23 ‘‘(ii) the rehabilitation of existing 

24 marginal habitat; 


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1 ‘‘(iii) the use of appropriate alter2 native substrate material in oyster bar and 

3 reef construction; 

4 ‘‘(iv) the construction and upgrading 

5 of oyster hatcheries; and 

6 ‘‘(v) activities relating to increasing 

7 the output of native oyster broodstock for 

8 seeding and monitoring of restored sites to 

9 ensure ecological success. 

10 ‘‘(3) RESTORATION AND REHABILITATION AC11 TIVITIES.—The restoration and rehabilitation activi12 ties described in paragraph (2)(D) shall be— 

13 ‘‘(A) for the purpose of establishing per14 manent sanctuaries and harvest management 

15 areas; and 

16 ‘‘(B) consistent with plans and strategies 

17 for guiding the restoration of the Chesapeake 

18 Bay oyster resource and fishery.’’; and 

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

20 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.— 

21 In this subsection, the term ‘ecological success’ 

22 means— 

23 ‘‘(A) achieving a tenfold increase in native 

24 oyster biomass by the year 2010, from a 1994 

25 baseline; and 


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1 ‘‘(B) the establishment of a sustainable 

2 fishery as determined by a broad scientific and 

3 economic consensus.’’. 

4 SEC. 3104. TANGIER ISLAND SEAWALL, VIRGINIA. 

5 Section 577(a) of the Water Resources Development 

6 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

7 a total cost of $1,200,000, with an estimated Federal cost 

8 of $900,000 and an estimated non-Federal cost of 

9 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

10 with an estimated Federal cost of $2,400,000 and an esti11 mated non-Federal cost of $600,000.’’. 

12 SEC. 3105. EROSION CONTROL, PUGET ISLAND, 

13 WAHKIAKUM COUNTY, WASHINGTON. 

14 (a) IN GENERAL.—The Lower Columbia River levees 

15 and bank protection works authorized by section 204 of 

16 the Flood Control Act of 1950 (64 Stat. 178) is modified 

17 with regard to the Wahkiakum County diking districts No. 

18 1 and 3, but without regard to any cost ceiling authorized 

19 before the date of enactment of this Act, to direct the Sec20 retary to provide a 1-time placement of dredged material 

21 along portions of the Columbia River shoreline of Puget 

22 Island, Washington, between river miles 38 to 47, and the 

23 shoreline of Westport Beach, Clatsop County, Oregon, be24 tween river miles 43 to 45, to protect economic and envi25 ronmental resources in the area from further erosion. 


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1 (b) COORDINATION AND COST SHARING REQUIRE2 MENTS.—The Secretary shall carry out subsection (a)— 

3 (1) in coordination with appropriate resource 

4 agencies; 

5 (2) in accordance with all applicable Federal 

6 law (including regulations); and 

7 (3) at full Federal expense. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $1,000,000. 

11 SEC. 3106. LOWER GRANITE POOL, WASHINGTON. 

12 (a) EXTINGUISHMENT OF REVERSIONARY INTER13 ESTS AND USE RESTRICTIONS.—With respect to property 

14 covered by each deed described in subsection (b)— 

15 (1) the reversionary interests and use restric16 tions relating to port or industrial purposes are ex17 tinguished; 

18 (2) the human habitation or other building 

19 structure use restriction is extinguished in each area 

20 in which the elevation is above the standard project 

21 flood elevation; and 

22 (3) the use of fill material to raise low areas 

23 above the standard project flood elevation is author24 ized, except in any low area constituting wetland for 

25 which a permit under section 404 of the Federal 


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1 Water Pollution Control Act (33 U.S.C. 1344) would 

2 be required for the use of fill material. 

3 (b) DEEDS.—The deeds referred to in subsection (a) 

4 are as follows: 

5 (1) Auditor’s File Numbers 432576, 443411, 

6 499988, and 579771 of Whitman County, Wash7 ington. 

8 (2) Auditor’s File Numbers 125806, 138801, 

9 147888, 154511, 156928, and 176360 of Asotin 

10 County, Washington. 

11 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

12 section affects any remaining rights and interests of the 

13 Corps of Engineers for authorized project purposes in or 

14 to property covered by a deed described in subsection (b). 

15 SEC. 3107. MCNARY LOCK AND DAM, MCNARY NATIONAL 

16 WILDLIFE REFUGE, WASHINGTON AND 

17 IDAHO. 

18 (a) TRANSFER OF ADMINISTRATIVE JURISDIC19 TION.—Administrative jurisdiction over the land acquired 

20 for the McNary Lock and Dam Project and managed by 

21 the United States Fish and Wildlife Service under Cooper22 ative Agreement Number DACW68–4–00–13 with the 

23 Corps of Engineers, Walla Walla District, is transferred 

24 from the Secretary to the Secretary of the Interior. 


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1 (b) EASEMENTS.—The transfer of administrative ju2 risdiction under subsection (a) shall be subject to ease3 ments in existence as of the date of enactment of this Act 

4 on land subject to the transfer. 

5 (c) RIGHTS OF SECRETARY.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (3), the Secretary shall retain rights described 

8 in paragraph (2) with respect to the land for which 

9 administrative jurisdiction is transferred under sub10 section (a). 

11 (2) RIGHTS.—The rights of the Secretary re12 ferred to in paragraph (1) are the rights— 

13 (A) to flood land described in subsection 

14 (a) to the standard project flood elevation; 

15 (B) to manipulate the level of the McNary 

16 Project Pool; 

17 (C) to access such land described in sub18 section (a) as may be required to install, main19 tain, and inspect sediment ranges and carry out 

20 similar activities; 

21 (D) to construct and develop wetland, ri22 parian habitat, or other environmental restora23 tion features authorized by section 1135 of the 

24 Water Resources Development Act of 1986 (33 

25 U.S.C. 2309a) and section 206 of the Water 


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1 Resources Development Act of 1996 (33 U.S.C. 

2 2330); 

3 (E) to dredge and deposit fill materials; 

4 and 

5 (F) to carry out management actions for 

6 the purpose of reducing the take of juvenile 

7 salmonids by avian colonies that inhabit, before, 

8 on, or after the date of enactment of this Act, 

9 any island included in the land described in 

10 subsection (a). 

11 (3) COORDINATION.—Before exercising a right 

12 described in any of subparagraphs (C) through (F) 

13 of paragraph (2), the Secretary shall coordinate the 

14 exercise with the United States Fish and Wildlife 

15 Service. 

16 (d) MANAGEMENT.— 

17 (1) IN GENERAL.—The land described in sub18 section (a) shall be managed by the Secretary of the 

19 Interior as part of the McNary National Wildlife 

20 Refuge. 

21 (2) CUMMINS PROPERTY.— 

22 (A) RETENTION OF CREDITS.—Habitat 

23 unit credits described in the memorandum enti24 tled ‘‘Design Memorandum No. 6, LOWER 

25 SNAKE RIVER FISH AND WILDLIFE 


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1 COMPENSATION PLAN, Wildlife Compensa2 tion and Fishing Access Site Selection, Letter 

3 Supplement No. 15, SITE DEVELOPMENT 

4 PLAN FOR THE WALLULA HMU’’ provided 

5 for the Lower Snake River Fish and Wildlife 

6 Compensation Plan through development of the 

7 parcel of land formerly known as the ‘‘Cummins 

8 property’’ shall be retained by the Secretary de9 spite any changes in management of the parcel 

10 on or after the date of enactment of this Act. 

11 (B) SITE DEVELOPMENT PLAN.—The 

12 United States Fish and Wildlife Service shall 

13 obtain prior approval of the Washington State 

14 Department of Fish and Wildlife for any 

15 change to the previously approved site develop16 ment plan for the parcel of land formerly 

17 known as the ‘‘Cummins property’’. 

18 (3) MADAME DORIAN RECREATION AREA.—The 

19 United States Fish and Wildlife Service shall con20 tinue operation of the Madame Dorian Recreation 

21 Area for public use and boater access. 

22 (e) ADMINISTRATIVE COSTS.—The United States 

23 Fish and Wildlife Service shall be responsible for all sur24 vey, environmental compliance, and other administrative 


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1 costs required to implement the transfer of administrative 

2 jurisdiction under subsection (a). 

3 SEC. 3108. SNAKE RIVER PROJECT, WASHINGTON AND 

4 IDAHO. 

5 The Fish and Wildlife Compensation Plan for the 

6 Lower Snake River, Washington and Idaho, as authorized 

7 by section 101 of the Water Resources Development Act 

8 of 1976 (90 Stat. 2921), is amended to authorize the Sec9 retary to conduct studies and implement aquatic and ri10 parian ecosystem restorations and improvements specifi11 cally for fisheries and wildlife. 

12 SEC. 3109. WHATCOM CREEK WATERWAY, BELLINGHAM, 

13 WASHINGTON. 

14 That portion of the project for navigation, Whatcom 

15 Creek Waterway, Bellingham, Washington, authorized by 

16 the Act of June 25, 1910 (36 Stat. 664, chapter 382) 

17 (commonly known as the ‘‘River and Harbor Act of 

18 1910’’) and the River and Harbor Act of 1958 (72 Stat. 

19 299), consisting of the last 2,900 linear feet of the inner 

20 portion of the waterway, and beginning at station 29+00 

21 to station 0+00, shall not be authorized as of the date 

22 of enactment of this Act. 

23 SEC. 3110. LOWER MUD RIVER, MILTON, WEST VIRGINIA. 

24 The project for flood control at Milton, West Virginia, 

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1 opment Act of 1996 (110 Stat. 3790), as modified by sec2 tion 340 of the Water Resources Development Act of 2000 

3 (114 Stat. 2612), is modified to authorize the Secretary 

4 to construct the project substantially in accordance with 

5 the draft report of the Corps of Engineers dated May 

6 2004, at an estimated total cost of $45,500,000, with an 

7 estimated Federal cost of $34,125,000 and an estimated 

8 non-Federal cost of $11,375,000. 

9 SEC. 3111. MCDOWELL COUNTY, WEST VIRGINIA. 

10 (a) IN GENERAL.—The McDowell County non11 structural component of the project for flood control, 

12 Levisa and Tug Fork of the Big Sandy and Cumberland 

13 Rivers, West Virginia, Virginia, and Kentucky, authorized 

14 by section 202(a) of the Energy and Water Development 

15 Appropriation Act, 1981 (94 Stat. 1339), is modified to 

16 direct the Secretary to take measures to provide protec17 tion, throughout McDowell County, West Virginia, from 

18 the reoccurrence of the greater of— 

19 (1) the April 1977 flood; 

20 (2) the July 2001 flood; 

21 (3) the May 2002 flood; or 

22 (4) the 100-year frequency event. 

23 (b) UPDATES AND REVISIONS.—The measures under 

24 subsection (a) shall be carried out in accordance with, and 


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1 during the development of, the updates and revisions 

2 under section 2006(e)(2). 

3 SEC. 3112. GREEN BAY HARBOR PROJECT, GREEN BAY, WIS4 CONSIN. 

5 The portion of the inner harbor of the Federal navi6 gation channel of the Green Bay Harbor project, author7 ized by the first section of the Act entitled ‘‘An Act mak8 ing appropriations for the construction, repair, and preser9 vation of certain public works on rivers and harbors, and 

10 for other purposes’’, approved July 5, 1884 (commonly 

11 known as the ‘‘River and Harbor Act of 1884’’) (23 Stat. 

12 136, chapter 229), from Station 190+00 to Station 

13 378+00 is authorized to a width of 75 feet and a depth 

14 of 6 feet. 

15 SEC. 3113. UNDERWOOD CREEK DIVERSION FACILITY 

16 PROJECT, MILWAUKEE COUNTY, WISCONSIN. 

17 Section 212(e) of the Water Resources Development 

18 Act of 1999 (33 U.S.C. 2332(e)) is amended— 

19 (1) in paragraph (27), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (28), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(29) Underwood Creek Diversion Facility 

2 Project (County Grounds), Milwaukee County, Wis3 consin.’’. 

4 SEC. 3114. OCONTO HARBOR, WISCONSIN. 

5 (a) IN GENERAL.—The portion of the project for 

6 navigation, Oconto Harbor, Wisconsin, authorized by the 

7 Act of August 2, 1882 (22 Stat. 196, chapter 375), and 

8 the Act of June 25, 1910 (36 Stat. 664, chapter 382) 

9 (commonly known as the ‘‘River and Harbor Act of 

10 1910’’), consisting of a 15-foot-deep turning basin in the 

11 Oconto River, as described in subsection (b), is no longer 

12 authorized. 

13 (b) PROJECT DESCRIPTION.—The project referred to 

14 in subsection (a) is more particularly described as— 

15 (1) beginning at a point along the western limit 

16 of the existing project, N. 394,086.71, E. 

17 2,530,202.71; 

18 (2) thence northeasterly about 619.93 feet to a 

19 point N. 394,459.10, E. 2,530,698.33; 

20 (3) thence southeasterly about 186.06 feet to a 

21 point N. 394,299.20, E. 2,530,793.47; 

22 (4) thence southwesterly about 355.07 feet to a 

23 point N. 393,967.13, E. 2,530,667.76; 

24 (5) thence southwesterly about 304.10 feet to a 

25 point N. 393,826.90, E. 2,530,397.92; and 


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1 (6) thence northwesterly about 324.97 feet to 

2 the point of origin. 

3 SEC. 3115. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

4 Section 21 of the Water Resources Development Act 

5 of 1988 (102 Stat. 4027) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘1276.42’’ and inserting 

8 ‘‘1278.42’’; 

9 (B) by striking ‘‘1218.31’’ and inserting 

10 ‘‘1221.31’’; and 

11 (C) by striking ‘‘1234.82’’ and inserting 

12 ‘‘1235.30’’; and 

13 (2) by striking subsection (b) and inserting the 

14 following: 

15 ‘‘(b) EXCEPTION.— 

16 ‘‘(1) IN GENERAL.—The Secretary may operate 

17 the headwaters reservoirs below the minimum or 

18 above the maximum water levels established under 

19 subsection (a) in accordance with water control reg20 ulation manuals (or revisions to those manuals) de21 veloped by the Secretary, after consultation with the 

22 Governor of Minnesota and affected tribal govern23 ments, landowners, and commercial and recreational 

24 users. 


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1 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The 

2 water control regulation manuals referred to in 

3 paragraph (1) (and any revisions to those manuals) 

4 shall be effective as of the date on which the Sec5 retary submits the manuals (or revisions) to Con6 gress. 

7 ‘‘(3) NOTIFICATION.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), not less than 14 days before 

10 operating any headwaters reservoir below the 

11 minimum or above the maximum water level 

12 limits specified in subsection (a), the Secretary 

13 shall submit to Congress a notice of intent to 

14 operate the headwaters reservoir. 

15 ‘‘(B) EXCEPTION.—Notice under subpara16 graph (A) shall not be required in any case in 

17 which— 

18 ‘‘(i) the operation of a headwaters res19 ervoir is necessary to prevent the loss of 

20 life or to ensure the safety of a dam; or 

21 ‘‘(ii) the drawdown of the water level 

22 of the reservoir is in anticipation of a flood 

23 control operation.’’. 


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1 SEC. 3116. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER2 FRONT INTERPRETIVE SITE. 

3 Section 103(c)(2) of the Water Resources Develop4 ment Act of 1992 (106 Stat. 4811) is amended by striking 

5 ‘‘property currently held by the Resolution Trust Corpora6 tion in the vicinity of the Mississippi River Bridge’’ and 

7 inserting ‘‘riverfront property’’. 

8 SEC. 3117. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON9 MENTAL MANAGEMENT PROGRAM. 

10 (a) IN GENERAL.—Notwithstanding section 221 of 

11 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for 

12 any Upper Mississippi River fish and wildlife habitat reha13 bilitation and enhancement project carried out under sec14 tion 1103(e) of the Water Resources Development Act of 

15 1986 (33 U.S.C. 652(e)), with the consent of the affected 

16 local government, a nongovernmental organization may be 

17 considered to be a non-Federal interest. 

18 (b) CONFORMING AMENDMENT.—Section 

19 1103(e)(1)(A)(ii) of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by 

21 inserting before the period at the end the following: ‘‘, in22 cluding research on water quality issues affecting the Mis23 sissippi River, including elevated nutrient levels, and the 

24 development of remediation strategies’’. 


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1 SEC. 3118. UPPER BASIN OF MISSOURI RIVER. 

2 (a) USE OF FUNDS.—Notwithstanding the Energy 

3 and Water Development Appropriations Act, 2006 (Public 

4 Law 109–103; 119 Stat. 2247), funds made available for 

5 recovery or mitigation activities in the lower basin of the 

6 Missouri River may be used for recovery or mitigation ac7 tivities in the upper basin of the Missouri River, including 

8 the States of Montana, Nebraska, North Dakota, and 

9 South Dakota. 

10 (b) CONFORMING AMENDMENT.—The matter under 

11 the heading ‘‘MISSOURI RIVER MITIGATION, MIS12 SOURI, KANSAS, IOWA, AND NEBRASKA’’ of section 

13 601(a) of the Water Resources Development Act of 1986 

14 (100 Stat. 4143), as modified by section 334 of the Water 

15 Resources Development Act of 1999 (113 Stat. 306), is 

16 amended by adding at the end the following: ‘‘The Sec17 retary may carry out any recovery or mitigation activities 

18 in the upper basin of the Missouri River, including the 

19 States of Montana, Nebraska, North Dakota, and South 

20 Dakota, using funds made available under this heading 

21 in accordance with the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.) and consistent with the project 

23 purposes of the Missouri River Mainstem System as au24 thorized by section 10 of the Act of December 22, 1944 

25 (commonly known as the ‘Flood Control Act of 1944’) (58 

26 Stat. 897).’’. 


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1 SEC. 3119. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION PROGRAM. 

3 (a) GREAT LAKES FISHERY AND ECOSYSTEM RES4 TORATION.—Section 506(c) of the Water Resources De5 velopment Act of 2000 (42 U.S.C. 1962d–22(c)) is 

6 amended— 

7 (1) by redesignating paragraphs (2) and (3) as 

8 paragraphs (3) and (4), respectively; 

9 (2) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) RECONNAISSANCE STUDIES.—Before plan12 ning, designing, or constructing a project under 

13 paragraph (3), the Secretary shall carry out a recon14 naissance study— 

15 ‘‘(A) to identify methods of restoring the 

16 fishery, ecosystem, and beneficial uses of the 

17 Great Lakes; and 

18 ‘‘(B) to determine whether planning of a 

19 project under paragraph (3) should proceed.’’; 

20 and 

21 (3) in paragraph (4)(A) (as redesignated by 

22 paragraph (1)), by striking ‘‘paragraph (2)’’ and in23 serting ‘‘paragraph (3)’’. 

24 (b) COST SHARING.—Section 506(f) of the Water Re25 sources Development Act of 2000 (42 U.S.C. 1962d– 

26 22(f)) is amended— 


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1 (1) by redesignating paragraphs (2) through 

2 (5) 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. 3120. GREAT LAKES REMEDIAL ACTION PLANS AND 

15 SEDIMENT REMEDIATION. 

16 Section 401(c) of the Water Resources Development 

17 Act of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is 

18 amended by striking ‘‘through 2006’’ and inserting 

19 ‘‘through 2011’’. 

20 SEC. 3121. GREAT LAKES TRIBUTARY MODELS. 

21 Section 516(g)(2) of the Water Resources Develop22 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 

23 by striking ‘‘through 2006’’ and inserting ‘‘through 

24 2011’’. 


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1 SEC. 3122. 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 

15 the design, construction, or implementation of inno16 vative technologies and solutions for the Upper Ohio 

17 River 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 

15 into local cooperation agreements with non-Federal 

16 interests to provide for the design, construction, in17 stallation, and operation of the projects to be carried 

18 out under the program. 

19 (2) REQUIREMENTS.—Each local cooperation 

20 agreement entered into under this subsection shall 

21 include 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 

6 the effective long-term operation of the project. 

7 (3) COST SHARING.—Total project costs under 

8 each local cooperation agreement shall be cost9 shared in accordance with the formula relating to 

10 the applicable original construction project. 

11 (4) EXPENDITURES.— 

12 (A) IN GENERAL.—Expenditures under the 

13 program may include, for establishment at fed14 erally-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 

23 or 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, to4 gether with recommendations concerning whether the pro5 gram or any component of the program should be imple6 mented on 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. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA19 TION CHANNEL. 

20 (a) IN GENERAL.—To determine with improved accu21 racy the environmental impacts of the project on the 

22 McClellan-Kerr Arkansas River Navigation Channel (re23 ferred to in this section as the ‘‘MKARN’’), the Secretary 

24 shall carry out the measures described in subsection (b) 

25 in a timely manner. 


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1 (b) SPECIES STUDY.— 

2 (1) IN GENERAL.—The Secretary, in conjunc3 tion with Oklahoma State University, shall convene 

4 a panel of experts with acknowledged expertise in 

5 wildlife biology and genetics to review the available 

6 scientific information regarding the genetic variation 

7 of various sturgeon species and possible hybrids of 

8 those species that, as determined by the United 

9 States Fish and Wildlife Service, may exist in any 

10 portion of the MKARN. 

11 (2) REPORT.—The Secretary shall direct the 

12 panel to report to the Secretary, not later than 1 

13 year after the date of enactment of this Act and in 

14 the best scientific judgment of the panel— 

15 (A) the level of genetic variation between 

16 populations of sturgeon sufficient to determine 

17 or establish that a population is a measurably 

18 distinct species, subspecies, or population seg19 ment; and 

20 (B) whether any pallid sturgeons that may 

21 be found in the MKARN (including any tribu22 tary of the MKARN) would qualify as such a 

23 distinct species, subspecies, or population seg24 ment. 


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1 SEC. 4003. 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 

8 that is consistent with the goals of the Los Angeles 

9 River Revitalization Master Plan published by the 

10 city of 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 

22 to construct demonstration projects in order to pro23 vide information to develop the study under sub24 section (a)(1). 


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1 (2) FEDERAL SHARE.—The Federal share of 

2 the cost of any project under this subsection shall be 

3 not 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. 4004. 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. 4005. 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. 4006. COMPREHENSIVE FLOOD PROTECTION 

18 PROJECT, 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 


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1 the city to be in compliance with the California En2 vironmental 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 sec13 tion 103 of the Water Resources Development Act of 1986 

14 (33 U.S.C. 2213). 

15 SEC. 4007. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA16 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA. 

17 The Secretary shall carry out a study of the feasi18 bility of a project to use Sherman Island, California, as 

19 a dredged material rehandling facility for the beneficial 

20 use of dredged material to enhance the environment and 

21 meet other water resource needs on the Sacramento-San 

22 Joaquin Delta, California, under section 204 of the Water 

23 Resources Development Act of 1992 (33 U.S.C. 2326). 


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1 SEC. 4008. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

2 CALIFORNIA. 

3 (a) IN GENERAL.—The Secretary, in cooperation 

4 with non-Federal interests, shall conduct a study of the 

5 feasibility of carrying out a project for— 

6 (1) flood protection of South San Francisco 

7 Bay shoreline; 

8 (2) restoration of the South San Francisco Bay 

9 salt ponds (including on land owned by other Fed10 eral agencies); and 

11 (3) other related purposes, as the Secretary de12 termines to be appropriate. 

13 (b) INDEPENDENT REVIEW.—To the extent required 

14 by applicable Federal law, a national science panel shall 

15 conduct an independent review of the study under sub16 section (a). 

17 (c) REPORT.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall submit to Congress a report describing the re21 sults of 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 

25 (a) based on planning, design, and land acquisition 

26 documents 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. 4009. SAN PABLO BAY WATERSHED RESTORATION, 

7 CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary shall complete 

9 work as expeditiously as practicable on the study for the 

10 San Pablo watershed, California, authorized by section 

11 209 of the Flood Control Act of 1962 (76 Stat. 1196) 

12 to determine the feasibility of opportunities for restoring, 

13 preserving, and protecting the San Pablo Bay Watershed. 

14 (b) REPORT.—Not later than March 31, 2008, the 

15 Secretary shall submit to Congress a report that describes 

16 the results of the study. 

17 SEC. 4010. FOUNTAIN CREEK, NORTH OF PUEBLO, COLO18 RADO. 

19 Subject to the availability of appropriations, the Sec20 retary shall expedite the completion of the Fountain 

21 Creek, North of Pueblo, Colorado, watershed study au22 thorized by a resolution adopted by the Committee on 

23 Public Works and Transportation of the House of Rep24 resentatives on September 23, 1976. 


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1 SEC. 4011. SELENIUM STUDY, COLORADO. 

2 (a) IN GENERAL.—The Secretary, in consultation 

3 with State water quality and resource and conservation 

4 agencies, shall conduct regional and watershed-wide stud5 ies to address selenium concentrations in the State of Col6 orado, including studies— 

7 (1) to measure selenium on specific sites; and 

8 (2) to determine whether specific selenium 

9 measures studied should be recommended for use in 

10 demonstration projects. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000. 

14 SEC. 4012. PROMONTORY POINT THIRD-PARTY REVIEW, 

15 CHICAGO SHORELINE, CHICAGO, ILLINOIS. 

16 (a) REVIEW.— 

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

18 to conduct a third-party review of the Promontory 

19 Point project along the Chicago Shoreline, Chicago, 

20 Illinois, 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 

26 Federal Regulations (or successor regulation), for 


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1 implementation by the non-Federal sponsor for the 

2 Chicago Shoreline Chicago, Illinois, project. 

3 (b) CONTRIBUTIONS.—The Secretary shall accept 

4 from a State or political subdivision of a State voluntarily 

5 contributed 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 

12 affects the authorization for the Chicago Shoreline, Chi13 cago, Illinois, project. 

14 SEC. 4013. 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. 4014. LAKE ERIE AT LUNA PIER, MICHIGAN. 

19 The Secretary shall study the feasibility of storm 

20 damage reduction and beach erosion protection and other 

21 related purposes along Lake Erie at Luna Pier, Michigan. 

22 SEC. 4015. MIDDLE BASS ISLAND STATE PARK, MIDDLE 

23 BASS ISLAND, OHIO. 

24 The Secretary shall carry out a study of the feasi25 bility of a project for navigation improvements, shoreline 


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1 protection, and other related purposes, including the reha2 bilitation the harbor basin (including entrance break3 waters), interior shoreline protection, dredging, and the 

4 development of a public launch ramp facility, for Middle 

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

6 SEC. 4016. 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 consid17 eration— 

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 

24 the State of South Carolina. 


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1 SEC. 4017. 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 re6 port entitled ‘‘Johnson Creek: A Vision of Conservation, 

7 Arlington, Texas’’, dated March 2006. 

8 SEC. 4018. 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 

16 construct, 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. 

23 295) 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 

11 and aquatic growth and measures to address exces12 sive sedimentation; 

13 ‘‘(23) Lake Fairlee, Vermont, removal of silt 

14 and aquatic growth and measures to address exces15 sive sedimentation; and 

16 ‘‘(24) Lake Rodgers, Creedmoor, North Caro17 lina, removal of silt and excessive nutrients and res18 toration 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 restora25 tion activities, including the use of common moniVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 toring standards and a common system for tracking 

2 restoration 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 RESTORA8 TION PLAN.—Section 103(6)(A) of the Estuary Restora9 tion Act of 2000 (33 U.S.C. 2902(6)(A)) is amended by 

10 striking ‘‘Federal or State’’ and inserting ‘‘Federal, State, 

11 or regional’’. 

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’’ 

17 after ‘‘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 fol5 lowing: 

6 ‘‘(ii) MONITORING.— 

7 ‘‘(I) COSTS.—The costs of moni8 toring an estuary habitat restoration 

9 project funded under this title may be 

10 included in the total cost of the estu11 ary habitat restoration project. 

12 ‘‘(II) GOALS.—The goals of the 

13 monitoring shall be— 

14 ‘‘(aa) to measure the effec15 tiveness of the restoration 

16 project; and 

17 ‘‘(bb) to allow adaptive man18 agement to ensure project suc19 cess.’’; 

20 (B) in paragraph (2), by inserting ‘‘or ap21 proach’’ after ‘‘technology’’; and 

22 (C) in paragraph (3), by inserting ‘‘(in23 cluding monitoring)’’ after ‘‘services’’; 

24 (4) in subsection (f)(1)(B), by inserting ‘‘long25 term’’ before ‘‘maintenance’’; and 


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1 (5) in subsection (g)— 

2 (A) by striking ‘‘In carrying’’ and inserting 

3 the following: 

4 ‘‘(1) IN GENERAL.—In carrying’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(2) SMALL PROJECTS.— 

7 ‘‘(A) DEFINITION OF SMALL PROJECT.—In 

8 this paragraph, the term ‘small project’ means 

9 a project carried out under this title at a Fed10 eral cost of less than $1,000,000. 

11 ‘‘(B) SMALL PROJECT DELEGATION.—In 

12 carrying out this title, the Secretary, upon the 

13 recommendation of the Council, may delegate 

14 implementation of a small project to— 

15 ‘‘(i) the Secretary of the Interior (act16 ing through the Director of the United 

17 States Fish and Wildlife Service); 

18 ‘‘(ii) the Under Secretary for Oceans 

19 and Atmosphere of the Department of 

20 Commerce; 

21 ‘‘(iii) the Administrator of the Envi22 ronmental Protection Agency; or 

23 ‘‘(iv) the Secretary of Agriculture. 

24 ‘‘(C) FUNDING.—The implementation of a 

25 small project delegated to the head of a Federal 


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1 department or agency under this paragraph 

2 may be carried out using— 

3 ‘‘(i) funds appropriated to the depart4 ment or agency under section 109(a)(1); or 

5 ‘‘(ii) any other funds available to the 

6 department or agency. 

7 ‘‘(D) AGREEMENTS.—The Federal depart8 ment or agency to which implementation of a 

9 small project is delegated shall enter into an 

10 agreement with the non-Federal interest gen11 erally in conformance with the criteria in sub12 sections (d) and (e). Cooperative agreements 

13 may be used for any delegated project.’’. 

14 (d) ESTABLISHMENT OF ESTUARY HABITAT RES15 TORATION COUNCIL.—Section 105(b) of the Estuary Res16 toration Act of 2000 (33 U.S.C. 2904(b)) is amended— 

17 (1) in paragraph (4), by striking ‘‘and’’ after 

18 the semicolon; 

19 (2) in paragraph (5), by striking the period at 

20 the end and inserting a semicolon; and 

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

22 ‘‘(6) cooperating in the implementation of the 

23 strategy developed under section 106; 

24 ‘‘(7) recommending standards for monitoring 

25 for restoration projects and contribution of project 


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1 information to the database developed under section 

2 107; and 

3 ‘‘(8) otherwise using the respective agency au4 thorities of the Council members to carry out this 

5 title.’’. 

6 (e) MONITORING OF ESTUARY HABITAT RESTORA7 TION PROJECTS.—Section 107(d) of the Estuary Restora8 tion Act of 2000 (33 U.S.C. 2906(d)) is amended by strik9 ing ‘‘compile’’ and inserting ‘‘have general data compila10 tion, coordination, and analysis responsibilities to carry 

11 out this title and in support of the strategy developed 

12 under this section, including compilation of’’. 

13 (f) REPORTING.—Section 108(a) of the Estuary Res14 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by 

15 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and 

16 tenth’’. 

17 (g) FUNDING.—Section 109(a) of the Estuary Res18 toration Act of 2000 (33 U.S.C. 2908(a)) is amended— 

19 (1) in paragraph (1)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘to the Secretary’’; and 

22 (B) by striking subparagraphs (A) through 

23 (D) and inserting the following: 

24 ‘‘(A) to the Secretary, $25,000,000 for 

25 each of fiscal years 2007 through 2011; 


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1 ‘‘(B) to the Secretary of the Interior (act2 ing through the Director of the United States 

3 Fish and Wildlife Service), $2,500,000 for each 

4 of fiscal years 2007 through 2011; 

5 ‘‘(C) to the Under Secretary for Oceans 

6 and Atmosphere of the Department of Com7 merce, $2,500,000 for each of fiscal years 2007 

8 through 2011; 

9 ‘‘(D) to the Administrator of the Environ10 mental Protection Agency, $2,500,000 for each 

11 of fiscal years 2007 through 2011; and 

12 ‘‘(E) to the Secretary of Agriculture, 

13 $2,500,000 for each of fiscal years 2007 

14 through 2011.’’; and 

15 (2) in the first sentence of paragraph (2)— 

16 (A) by inserting ‘‘and other information 

17 compiled under section 107’’ after ‘‘this title’’; 

18 and 

19 (B) by striking ‘‘2005’’ and inserting 

20 ‘‘2011’’. 

21 (h) GENERAL PROVISIONS.—Section 110 of the Es22 tuary Restoration Act of 2000 (33 U.S.C. 2909) is amend23 ed— 

24 (1) in subsection (b)(1)— 


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1 (A) by inserting ‘‘or contracts’’ after 

2 ‘‘agreements’’; and 

3 (B) by inserting ‘‘, nongovernmental orga4 nizations,’’ after ‘‘agencies’’; and 

5 (2) by striking subsections (d) and (e). 

6 SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELA7 WARE AND MARYLAND. 

8 (a) ASSISTANCE.—The Secretary may provide tech9 nical assistance to the Secretary of Agriculture for use in 

10 carrying out the Conservation Corridor Demonstration 

11 Program established under subtitle G of title II of the 

12 Farm Security and Rural Investment Act of 2002 (16 

13 U.S.C. 3801 note; 116 Stat. 275). 

14 (b) COORDINATION AND INTEGRATION.—In carrying 

15 out water resources projects in the States on the Delmarva 

16 Peninsula, the Secretary shall coordinate and integrate 

17 those projects, to the maximum extent practicable, with 

18 any activities carried out to implement a conservation cor19 ridor plan approved by the Secretary of Agriculture under 

20 section 2602 of the Farm Security and Rural Investment 

21 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 


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1 SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC 

2 RIVER BASINS, DELAWARE, MARYLAND, 

3 PENNSYLVANIA, AND VIRGINIA. 

4 (a) EX OFFICIO MEMBER.—Notwithstanding section 

5 3001(a) of the 1997 Emergency Supplemental Appropria6 tions Act for Recovery From Natural Disasters, and for 

7 Overseas Peacekeeping Efforts, Including Those in Bosnia 

8 (111 Stat. 176) and sections 2.2 of the Susquehanna 

9 River Basin Compact (Public Law 91–575) and the Dela10 ware River Basin Compact (Public Law 87–328), begin11 ning in fiscal year 2002, and each fiscal year thereafter, 

12 the Division Engineer, North Atlantic Division, Corps of 

13 Engineers— 

14 (1) shall be the ex officio United States member 

15 under the Susquehanna River Basin Compact, the 

16 Delaware River Basin Compact, and the Potomac 

17 River Basin Compact; 

18 (2) shall serve without additional compensation; 

19 and 

20 (3) may designate an alternate member in ac21 cordance with the terms of those compacts. 

22 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

23 shall allocate funds to the Susquehanna River Basin Com24 mission, Delaware River Basin Commission, and the 

25 Interstate Commission on the Potomac River Basin (Poto26 mac River Basin Compact (Public Law 91–407)) to fulfill 


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1 the equitable funding requirements of the respective inter2 state compacts. 

3 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

4 DELAWARE RIVER BASIN.— 

5 (1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the Delaware River Basin 

7 Commission to provide temporary water supply and 

8 conservation storage at the Francis E. Walter Dam, 

9 Pennsylvania, for any period during which the Com10 mission has determined that a drought warning or 

11 drought emergency exists. 

12 (2) LIMITATION.—The agreement shall provide 

13 that the cost for water supply and conservation stor14 age under paragraph (1) shall not exceed the incre15 mental operating costs associated with providing the 

16 storage. 

17 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

18 SUSQUEHANNA RIVER BASIN.— 

19 (1) IN GENERAL.—The Secretary shall enter 

20 into an agreement with the Susquehanna River 

21 Basin Commission to provide temporary water sup22 ply and conservation storage at Federal facilities op23 erated by the Corps of Engineers in the Susque24 hanna River Basin, during any period in which the 


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1 Commission has determined that a drought warning 

2 or 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 (e) WATER SUPPLY AND CONSERVATION STORAGE, 

9 POTOMAC RIVER BASIN.— 

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

11 into an agreement with the Potomac 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 Potomac River Basin 

15 for any period during which the Commission has de16 termined that a drought warning or drought emer17 gency 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. 


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1 SEC. 5005. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 

2 MARYLAND. 

3 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

4 1 year after the date of enactment of this Act, the Sec5 retary, in coordination with the Mayor of the District of 

6 Columbia, the Governor of Maryland, the county execu7 tives of Montgomery County and Prince George’s County, 

8 Maryland, and other stakeholders, shall develop and make 

9 available to the public a 10-year comprehensive action 

10 plan to provide for the restoration and protection of the 

11 ecological integrity of the Anacostia River and its tribu12 taries. 

13 (b) PUBLIC AVAILABILITY.—On completion of the 

14 comprehensive action plan under subsection (a), the Sec15 retary shall make the plan available to the public. 

16 SEC. 5006. CHICAGO SANITARY AND SHIP CANAL DIS17 PERSAL BARRIERS PROJECT, ILLINOIS. 

18 (a) TREATMENT AS SINGLE PROJECT.—The Chicago 

19 Sanitary and Ship Canal Dispersal Barrier Project (Bar20 rier I) (as in existence on the date of enactment of this 

21 Act), constructed as a demonstration project under section 

22 1202(i)(3) of the Nonindigenous Aquatic Nuisance Pre23 vention and Control Act of 1990 (16 U.S.C. 4722(i)(3)), 

24 and Barrier II, as authorized by section 345 of the Dis25 trict of Columbia Appropriations Act, 2005 (Public Law 


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1 108–335; 118 Stat. 1352), shall be considered to con2 stitute a single project. 

3 (b) AUTHORIZATION.— 

4 (1) IN GENERAL.—The Secretary, acting 

5 through the Chief of Engineers, is authorized and 

6 directed, at full Federal expense— 

7 (A) to upgrade and make permanent Bar8 rier I; 

9 (B) to construct Barrier II, notwith10 standing the project cooperation agreement 

11 with the State of Illinois dated June 14, 2005; 

12 (C) to operate and maintain Barrier I and 

13 Barrier II as a system to optimize effectiveness; 

14 (D) to conduct, in consultation with appro15 priate Federal, State, local, and nongovern16 mental entities, a study of a full range of op17 tions and technologies for reducing impacts of 

18 hazards that may reduce the efficacy of the 

19 Barriers; and 

20 (E) to provide to each State a credit in an 

21 amount equal to the amount of funds contrib22 uted by the State toward Barrier II. 

23 (2) USE OF CREDIT.—A State may apply a 

24 credit received under paragraph (1)(E) to any cost 

25 sharing responsibility for an existing or future FedVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 eral project with the Corps of Engineers in the 

2 State. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) NONINDIGENOUS AQUATIC NUISANCE PRE5 VENTION AND CONTROL.—Section 1202(i)(3)(C) of 

6 the Nonindigenous Aquatic Nuisance Prevention and 

7 Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is 

8 amended by striking ‘‘, to carry out this paragraph, 

9 $750,000’’ and inserting ‘‘such sums as are nec10 essary to carry out the dispersal barrier demonstra11 tion project under this paragraph’’. 

12 (2) BARRIER II AUTHORIZATION.—Section 345 

13 of the District of Columbia Appropriations Act, 

14 2005 (Public Law 108–335; 118 Stat. 1352), is 

15 amended to read as follows: 

16 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DIS17 PERSAL BARRIER, ILLINOIS. 

18 ‘‘There are authorized to be appropriated such sums 

19 as are necessary to carry out the Barrier II project of the 

20 project for the Chicago Sanitary and Ship Canal Dispersal 

21 Barrier, Illinois, initiated pursuant to section 1135 of the 

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

23 2294 note; 100 Stat. 4251).’’. 


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1 SEC. 5007. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

2 PROGRAM, COLORADO, NEW MEXICO, AND 

3 TEXAS. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Rio Grande Environmental Management Act of 2007’’. 

6 (b) DEFINITIONS.—In this section: 

7 (1) RIO GRANDE COMPACT.—The term ‘‘Rio 

8 Grande Compact’’ means the compact approved by 

9 Congress under the Act of May 31, 1939 (53 Stat. 

10 785, chapter 155), and ratified by the States. 

11 (2) RIO GRANDE BASIN.—The term ‘‘Rio 

12 Grande Basin’’ means the Rio Grande (including all 

13 tributaries and their headwaters) located— 

14 (A) in the State of Colorado, from the Rio 

15 Grande Reservoir, near Creede, Colorado, to the 

16 New Mexico State border; 

17 (B) in the State of New Mexico, from the 

18 Colorado State border downstream to the Texas 

19 State border; and 

20 (C) in the State of Texas, from the New 

21 Mexico State border to the southern terminus 

22 of the Rio Grande at the Gulf of Mexico. 

23 (3) STATES.—The term ‘‘States’’ means the 

24 States of Colorado, New Mexico, and Texas. 

25 (c) PROGRAM AUTHORITY.— 


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1 (1) IN GENERAL.—The Secretary shall carry 

2 out, in the Rio Grande Basin— 

3 (A) a program for the planning, construc4 tion, and evaluation of measures for fish and 

5 wildlife habitat rehabilitation and enhancement; 

6 and 

7 (B) implementation of a long-term moni8 toring, computerized data inventory and anal9 ysis, applied research, and adaptive manage10 ment program. 

11 (2) REPORTS.—Not later than December 31, 

12 2008, and not later than December 31 of every sixth 

13 year thereafter, the Secretary, in consultation with 

14 the Secretary of the Interior and the States, shall 

15 submit to Congress a report that— 

16 (A) contains an evaluation of the programs 

17 described in paragraph (1); 

18 (B) describes the accomplishments of each 

19 program; 

20 (C) provides updates of a systemic habitat 

21 needs assessment; and 

22 (D) identifies any needed adjustments in 

23 the authorization of the programs. 

24 (d) STATE AND LOCAL CONSULTATION AND COOPER25 ATIVE EFFORT.—For the purpose of ensuring the coordiVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 nated planning and implementation of the programs de2 scribed in subsection (c), the Secretary shall— 

3 (1) consult with the States and other appro4 priate entities in the States the rights and interests 

5 of which might be affected by specific program ac6 tivities; and 

7 (2) enter into an interagency agreement with 

8 the Secretary of the Interior to provide for the direct 

9 participation of, and transfer of funds to, the United 

10 States Fish and Wildlife Service and any other agen11 cy or bureau of the Department of the Interior for 

12 the planning, design, implementation, and evaluation 

13 of those programs. 

14 (e) COST SHARING.— 

15 (1) IN GENERAL.—The non-Federal share of 

16 the cost of a project carried out under subsection 

17 (c)(1)(A)— 

18 (A) shall be 35 percent; 

19 (B) may be provided through in-kind serv20 ices or direct cash contributions; and 

21 (C) shall include provision of necessary 

22 land, easements, relocations, and disposal sites. 

23 (2) OPERATION AND MAINTENANCE.—The costs 

24 of operation and maintenance of a project located on 

25 Federal land, or land owned or operated by a State 


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1 or local government, shall be borne by the Federal, 

2 State, or local agency that has jurisdiction over fish 

3 and wildlife activities on the land. 

4 (f) NONPROFIT ENTITIES.—Notwithstanding section 

5 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

6 5b), with the consent of the affected local government, a 

7 nonprofit entity may be included as a non-Federal interest 

8 for any project carried out under subsection (c)(1)(A). 

9 (g) EFFECT ON OTHER LAW.— 

10 (1) WATER LAW.—Nothing in this section pre11 empts any State water law. 

12 (2) COMPACTS AND DECREES.—In carrying out 

13 this section, the Secretary shall comply with the Rio 

14 Grande Compact, and any applicable court decrees 

15 or Federal and State laws, affecting water or water 

16 rights in the Rio Grande Basin. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary to carry 

19 out this section $25,000,000 for fiscal year 2006 and each 

20 subsequent fiscal year. 


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1 SEC. 5008. MISSOURI RIVER AND TRIBUTARIES, MITIGA2 TION, RECOVERY AND RESTORATION, IOWA, 

3 KANSAS, MISSOURI, MONTANA, NEBRASKA, 

4 NORTH DAKOTA, SOUTH DAKOTA, AND WYO5 MING. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—The Secretary, in consulta8 tion with the Missouri River Recovery and Imple9 mentation Committee established by subsection 

10 (b)(1), shall conduct a study of the Missouri River 

11 and its tributaries to determine actions required— 

12 (A) to mitigate losses of aquatic and ter13 restrial habitat; 

14 (B) to recover federally listed species under 

15 the Endangered Species Act (16 U.S.C. 1531 et 

16 seq.); and 

17 (C) to restore the ecosystem to prevent 

18 further declines among other native species. 

19 (2) FUNDING.—The study under paragraph (1) 

20 shall be funded under the Missouri River Fish and 

21 Wildlife Mitigation Program. 

22 (b) MISSOURI RIVER RECOVERY IMPLEMENTATION

23 COMMITTEE.— 

24 (1) ESTABLISHMENT.—Not later than June 31, 

25 2006, the Secretary shall establish a committee to be 

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1 tion Committee’’ (referred to in this section as the 

2 ‘‘Committee’’). 

3 (2) MEMBERSHIP.—The Committee shall in4 clude representatives from— 

5 (A) Federal agencies; 

6 (B) States located near the Missouri River 

7 Basin; and 

8 (C) other appropriate entities, as deter9 mined by the Secretary, including— 

10 (i) water management and fish and 

11 wildlife agencies; 

12 (ii) Indian tribes located near the Mis13 souri River Basin; and 

14 (iii) nongovernmental stakeholders. 

15 (3) DUTIES.—The Commission shall— 

16 (A) with respect to the study under sub17 section (a), provide guidance to the Secretary 

18 and any other affected Federal agency, State 

19 agency, or Indian tribe; 

20 (B) provide guidance to the Secretary with 

21 respect to the Missouri River recovery and miti22 gation program in existence on the date of en23 actment of this Act, including recommendations 

24 relating to— 


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1 (i) changes to the implementation 

2 strategy from the use of adaptive manage3 ment; and 

4 (ii) the coordination of the develop5 ment of consistent policies, strategies, 

6 plans, programs, projects, activities, and 

7 priorities for the program; 

8 (C) exchange information regarding pro9 grams, projects, and activities of the agencies 

10 and entities represented on the Committee to 

11 promote the goals of the Missouri River recov12 ery and mitigation program; 

13 (D) establish such working groups as the 

14 Committee determines to be necessary to assist 

15 in carrying out the duties of the Committee, in16 cluding duties relating to public policy and sci17 entific issues; 

18 (E) facilitate the resolution of interagency 

19 and intergovernmental conflicts between entities 

20 represented on the Committee associated with 

21 the Missouri River recovery and mitigation pro22 gram; 

23 (F) coordinate scientific and other research 

24 associated with the Missouri River recovery and 

25 mitigation program; and 


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1 (G) annually prepare a work plan and as2 sociated budget requests. 

3 (4) COMPENSATION; TRAVEL EXPENSES.— 

4 (A) COMPENSATION.—Members of the 

5 Committee shall not receive compensation from 

6 the Secretary in carrying out the duties of the 

7 Committee under this section. 

8 (B) TRAVEL EXPENSES.—Travel expenses 

9 incurred by a member of the Committee in car10 rying out the duties of the Committee under 

11 this section shall be paid by the agency, Indian 

12 tribe, or unit of government represented by the 

13 member. 

14 (c) NONAPPLICABILITY OF FACA.—The Federal Ad15 visory Committee Act (5 U.S.C. App.) shall not apply to 

16 the Committee. 

17 SEC. 5009. ST. MARY PROJECT, BLACKFEET RESERVATION, 

18 MONTANA. 

19 (a) IN GENERAL.—The Secretary, in consultation 

20 with the Bureau of Reclamation, shall conduct all nec21 essary studies, develop an emergency response plan, pro22 vide technical and planning and design assistance, and re23 habilitate and construct the St. Mary Diversion and Con24 veyance Works project located within the exterior boundVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 aries of the Blackfeet Reservation in the State of Mon2 tana, at a total cost of $140,000,000. 

3 (b) FEDERAL SHARE.—The Federal share of the 

4 total cost of the project under this section shall be 75 per5 cent. 

6 SEC. 5010. LOWER PLATTE RIVER WATERSHED RESTORA7 TION, NEBRASKA. 

8 (a) IN GENERAL.—The Secretary, acting through the 

9 Chief of Engineers, may cooperate with and provide assist10 ance to the Lower Platte River natural resources districts 

11 in the State of Nebraska to serve as local sponsors with 

12 respect to— 

13 (1) conducting comprehensive watershed plan14 ning in the natural resource districts; 

15 (2) assessing water resources in the natural re16 source districts; and 

17 (3) providing project feasibility planning, de18 sign, and construction assistance for water resource 

19 and watershed management in the natural resource 

20 districts, including projects for environmental res21 toration and flood damage reduction. 

22 (b) FUNDING.— 

23 (1) FEDERAL SHARE.—The Federal share of 

24 the cost of carrying out an activity described in sub25 section (a) shall be 65 percent. 


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1 (2) NON-FEDERAL SHARE.—The non-Federal 

2 share of the cost of carrying out an activity de3 scribed in subsection (a)— 

4 (A) shall be 35 percent; and 

5 (B) may be provided in cash or in-kind. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary to carry 

8 out this section $12,000,000. 

9 SEC. 5011. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

10 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

11 HABITAT RESTORATION, SOUTH DAKOTA. 

12 (a) DISBURSEMENT PROVISIONS OF STATE OF

13 SOUTH DAKOTA AND CHEYENNE RIVER SIOUX TRIBE

14 AND LOWER BRULE SIOUX TRIBE TERRESTRIAL WILD15 LIFE HABITAT RESTORATION TRUST FUNDS.—Section 

16 602(a)(4) of the Water Resources Development Act of 

17 1999 (113 Stat. 386) is amended— 

18 (1) in subparagraph (A)— 

19 (A) in clause (i), by inserting ‘‘and the 

20 Secretary of the Treasury’’ after ‘‘Secretary’’; 

21 and 

22 (B) by striking clause (ii) and inserting the 

23 following: 

24 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

25 notification in accordance with clause (i), 


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1 the Secretary of the Treasury shall make 

2 available to the State of South Dakota 

3 funds from the State of South Dakota Ter4 restrial Wildlife Habitat Restoration Trust 

5 Fund established under section 603, to be 

6 used to carry out the plan for terrestrial 

7 wildlife habitat restoration submitted by 

8 the State of South Dakota after the State 

9 certifies to the Secretary of the Treasury 

10 that the funds to be disbursed will be used 

11 in accordance with section 603(d)(3) and 

12 only after the Trust Fund is fully capital13 ized.’’; and 

14 (2) in subparagraph (B), by striking clause (ii) 

15 and inserting the following: 

16 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

17 notification in accordance with clause (i), 

18 the Secretary of the Treasury shall make 

19 available to the Cheyenne River Sioux 

20 Tribe and the Lower Brule Sioux Tribe 

21 funds from the Cheyenne River Sioux Ter22 restrial Wildlife Habitat Restoration Trust 

23 Fund and the Lower Brule Sioux Terres24 trial Wildlife Habitat Restoration Trust 

25 Fund, respectively, established under secVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 tion 604, to be used to carry out the plans 

2 for terrestrial wildlife habitat restoration 

3 submitted by the Cheyenne River Sioux 

4 Tribe and the Lower Brule Sioux Tribe, 

5 respectively, after the respective tribe cer6 tifies to the Secretary of the Treasury that 

7 the funds to be disbursed will be used in 

8 accordance with section 604(d)(3) and only 

9 after the Trust Fund is fully capitalized.’’. 

10 (b) INVESTMENT PROVISIONS OF STATE OF SOUTH

11 DAKOTA TERRESTRIAL WILDLIFE RESTORATION TRUST

12 FUND.—Section 603 of the Water Resources Development 

13 Act of 1999 (113 Stat. 388) is amended— 

14 (1) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) INVESTMENTS.— 

17 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith18 standing any other provision of law, the Secretary of 

19 the Treasury shall invest the amounts deposited 

20 under subsection (b) and the interest earned on 

21 those amounts only in interest-bearing obligations of 

22 the United States issued directly to the Fund. 

23 ‘‘(2) INVESTMENT REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of the 

2 Treasury shall invest the Fund in accordance 

3 with all of the requirements of this paragraph. 

4 ‘‘(B) SEPARATE INVESTMENTS OF PRIN5 CIPAL AND INTEREST.— 

6 ‘‘(i) PRINCIPAL ACCOUNT.—The 

7 amounts deposited in the Fund under sub8 section (b) shall be credited to an account 

9 within the Fund (referred to in this para10 graph as the ‘principal account’) and in11 vested as provided in subparagraph (C). 

12 ‘‘(ii) INTEREST ACCOUNT.—The inter13 est earned from investing amounts in the 

14 principal account of the Fund shall be 

15 transferred to a separate account within 

16 the Fund (referred to in this paragraph as 

17 the ‘interest account’) and invested as pro18 vided in subparagraph (D). 

19 ‘‘(iii) CREDITING.—The interest 

20 earned from investing amounts in the in21 terest account of the Fund shall be cred22 ited to the interest account. 

23 ‘‘(C) INVESTMENT OF PRINCIPAL AC24 COUNT.— 


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1 ‘‘(i) INITIAL INVESTMENT.—Each 

2 amount deposited in the principal account 

3 of the Fund shall be invested initially in el4 igible obligations having the shortest matu5 rity then available until the date on which 

6 the amount is divided into 3 substantially 

7 equal portions and those portions are in8 vested in eligible obligations that are iden9 tical (except for transferability) to the 

10 next-issued publicly issued Treasury obli11 gations having a 2-year maturity, a 5-year 

12 maturity, and a 10-year maturity, respec13 tively. 

14 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

15 each 2-year, 5-year, and 10-year eligible 

16 obligation matures, the principal of the 

17 maturing eligible obligation shall also be 

18 invested initially in the shortest-maturity 

19 eligible obligation then available until the 

20 principal is reinvested substantially equally 

21 in the eligible obligations that are identical 

22 (except for transferability) to the next23 issued publicly issued Treasury obligations 

24 having 2-year, 5-year, and 10-year matu25 rities. 


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1 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

2 OF OBLIGATIONS.—If the Department of 

3 the Treasury discontinues issuing to the 

4 public obligations having 2-year, 5-year, or 

5 10-year maturities, the principal of any 

6 maturing eligible obligation shall be rein7 vested substantially equally in eligible obli8 gations that are identical (except for trans9 ferability) to the next-issued publicly 

10 issued Treasury obligations of the matu11 rities longer than 1 year then available. 

12 ‘‘(D) INVESTMENT OF INTEREST AC13 COUNT.— 

14 ‘‘(i) BEFORE FULL CAPITALIZA15 TION.—Until the date on which the Fund 

16 is fully capitalized, amounts in the interest 

17 account of the Fund shall be invested in el18 igible obligations that are identical (except 

19 for transferability) to publicly issued 

20 Treasury obligations that have maturities 

21 that coincide, to the maximum extent prac22 ticable, with the date on which the Fund 

23 is expected to be fully capitalized. 

24 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

25 On and after the date on which the Fund 


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1 is fully capitalized, amounts in the interest 

2 account of the Fund shall be invested and 

3 reinvested in eligible obligations having the 

4 shortest maturity then available until the 

5 amounts are withdrawn and transferred to 

6 fund the activities authorized under sub7 section (d)(3). 

8 ‘‘(E) PAR PURCHASE PRICE.—The price to 

9 be paid for eligible obligations purchased as in10 vestments of the principal account shall not ex11 ceed the par value of the obligations so that the 

12 amount of the principal account shall be pre13 served in perpetuity. 

14 ‘‘(F) HIGHEST YIELD.—Among eligible ob15 ligations having the same maturity and pur16 chase price, the obligation to be purchased shall 

17 be the obligation having the highest yield. 

18 ‘‘(G) HOLDING TO MATURITY.—Eligible 

19 obligations purchased shall generally be held to 

20 their maturities. 

21 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI22 TIES.—Not less frequently than once each calendar 

23 year, the Secretary of the Treasury shall review with 

24 the State of South Dakota the results of the investVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 ment activities and financial status of the Fund dur2 ing the preceding 12-month period. 

3 ‘‘(4) AUDITS.— 

4 ‘‘(A) IN GENERAL.—The activities of the 

5 State of South Dakota (referred to in this sub6 section as the ‘State’) in carrying out the plan 

7 of the State for terrestrial wildlife habitat res8 toration under section 602(a) shall be audited 

9 as part of the annual audit that the State is re10 quired to prepare under the Office of Manage11 ment and Budget Circular A–133 (or a suc12 cessor circulation). 

13 ‘‘(B) DETERMINATION BY AUDITORS.—An 

14 auditor that conducts an audit under subpara15 graph (A) shall— 

16 ‘‘(i) determine whether funds received 

17 by the State under this section during the 

18 period covered by the audit were used to 

19 carry out the plan of the State in accord20 ance with this section; and 

21 ‘‘(ii) include the determination under 

22 clause (i) in the written findings of the 

23 audit. 

24 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE25 MENTS.— 


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1 ‘‘(A) IN GENERAL.—If the Secretary of the 

2 Treasury determines that meeting the require3 ments under paragraph (2) with respect to the 

4 investment of a Fund is not practicable, or 

5 would result in adverse consequences for the 

6 Fund, the Secretary shall modify the require7 ments, as the Secretary determines to be nec8 essary. 

9 ‘‘(B) CONSULTATION.—Before modifying a 

10 requirement under subparagraph (A), the Sec11 retary of the Treasury shall consult with the 

12 State regarding the proposed modification.’’; 

13 (2) in subsection (d)(2), by inserting ‘‘of the 

14 Treasury’’ after Secretary’’; and 

15 (3) by striking subsection (f) and inserting the 

16 following: 

17 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au18 thorized to be appropriated, out of any money in the 

19 Treasury not otherwise appropriated, to the Secretary of 

20 the Treasury, to pay expenses associated with investing 

21 the Fund and auditing the uses of amounts withdrawn 

22 from the Fund— 

23 ‘‘(1) up to $500,000 for each of fiscal years 

24 2006 and 2007; and 


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1 ‘‘(2) such sums as are necessary for each subse2 quent fiscal year.’’. 

3 (c) INVESTMENT PROVISIONS FOR CHEYENNE RIVER

4 SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TRUST

5 FUNDS.—Section 604 of the Water Resources Develop6 ment Act of 1999 (113 Stat. 389) is amended— 

7 (1) by striking subsection (c) and inserting the 

8 following: 

9 ‘‘(c) INVESTMENTS.— 

10 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith11 standing any other provision of law, the Secretary of 

12 the Treasury shall invest the amounts deposited 

13 under subsection (b) and the interest earned on 

14 those amounts only in interest-bearing obligations of 

15 the United States issued directly to the Funds. 

16 ‘‘(2) INVESTMENT REQUIREMENTS.— 

17 ‘‘(A) IN GENERAL.—The Secretary of the 

18 Treasury shall invest each of the Funds in ac19 cordance with all of the requirements of this 

20 paragraph. 

21 ‘‘(B) SEPARATE INVESTMENTS OF PRIN22 CIPAL AND INTEREST.— 

23 ‘‘(i) PRINCIPAL ACCOUNT.—The 

24 amounts deposited in each Fund under 

25 subsection (b) shall be credited to an acVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 count within the Fund (referred to in this 

2 paragraph as the ‘principal account’) and 

3 invested as provided in subparagraph (C). 

4 ‘‘(ii) INTEREST ACCOUNT.—The inter5 est earned from investing amounts in the 

6 principal account of each Fund shall be 

7 transferred to a separate account within 

8 the Fund (referred to in this paragraph as 

9 the ‘interest account’) and invested as pro10 vided in subparagraph (D). 

11 ‘‘(iii) CREDITING.—The interest 

12 earned from investing amounts in the in13 terest account of each Fund shall be cred14 ited to the interest account. 

15 ‘‘(C) INVESTMENT OF PRINCIPAL AC16 COUNT.— 

17 ‘‘(i) INITIAL INVESTMENT.—Each 

18 amount deposited in the principal account 

19 of each Fund shall be invested initially in 

20 eligible obligations having the shortest ma21 turity then available until the date on 

22 which the amount is divided into 3 sub23 stantially equal portions and those portions 

24 are invested in eligible obligations that are 

25 identical (except for transferability) to the 


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1 next-issued publicly issued Treasury obli2 gations having a 2-year maturity, a 5-year 

3 maturity, and a 10-year maturity, respec4 tively. 

5 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

6 each 2-year, 5-year, and 10-year eligible 

7 obligation matures, the principal of the 

8 maturing eligible obligation shall also be 

9 invested initially in the shortest-maturity 

10 eligible obligation then available until the 

11 principal is reinvested substantially equally 

12 in the eligible obligations that are identical 

13 (except for transferability) to the next14 issued publicly issued Treasury obligations 

15 having 2-year, 5-year, and 10-year matu16 rities. 

17 ‘‘(iii) DISCONTINUATION OF ISSUANCE

18 OF OBLIGATIONS.—If the Department of 

19 the Treasury discontinues issuing to the 

20 public obligations having 2-year, 5-year, or 

21 10-year maturities, the principal of any 

22 maturing eligible obligation shall be rein23 vested substantially equally in eligible obli24 gations that are identical (except for trans25 ferability) to the next-issued publicly 


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1 issued Treasury obligations of the matu2 rities longer than 1 year then available. 

3 ‘‘(D) INVESTMENT OF THE INTEREST AC4 COUNT.— 

5 ‘‘(i) BEFORE FULL CAPITALIZA6 TION.—Until the date on which each Fund 

7 is fully capitalized, amounts in the interest 

8 account of the Fund shall be invested in el9 igible obligations that are identical (except 

10 for transferability) to publicly issued 

11 Treasury obligations that have maturities 

12 that coincide, to the maximum extent prac13 ticable, with the date on which the Fund 

14 is expected to be fully capitalized. 

15 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

16 On and after the date on which each Fund 

17 is fully capitalized, amounts in the interest 

18 account of the Fund shall be invested and 

19 reinvested in eligible obligations having the 

20 shortest maturity then available until the 

21 amounts are withdrawn and transferred to 

22 fund the activities authorized under sub23 section (d)(3). 

24 ‘‘(E) PAR PURCHASE PRICE.—The price to 

25 be paid for eligible obligations purchased as inVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 vestments of the principal account shall not ex2 ceed the par value of the obligations so that the 

3 amount of the principal account shall be pre4 served in perpetuity. 

5 ‘‘(F) HIGHEST YIELD.—Among eligible ob6 ligations having the same maturity and pur7 chase price, the obligation to be purchased shall 

8 be the obligation having the highest yield. 

9 ‘‘(G) HOLDING TO MATURITY.—Eligible 

10 obligations purchased shall generally be held to 

11 their maturities. 

12 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI13 TIES.—Not less frequently than once each calendar 

14 year, the Secretary of the Treasury shall review with 

15 the Cheyenne River Sioux Tribe and the Lower 

16 Brule Sioux Tribe (referred to in this subsection as 

17 the ‘Tribes’) the results of the investment activities 

18 and financial status of the Funds during the pre19 ceding 12-month period. 

20 ‘‘(4) AUDITS.— 

21 ‘‘(A) IN GENERAL.—The activities of the 

22 Tribes in carrying out the plans of the Tribes 

23 for terrestrial wildlife habitat restoration under 

24 section 602(a) shall be audited as part of the 

25 annual audit that the Tribes are required to 


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1 prepare under the Office of Management and 

2 Budget Circular A–133 (or a successor circula3 tion). 

4 ‘‘(B) DETERMINATION BY AUDITORS.—An 

5 auditor that conducts an audit under subpara6 graph (A) shall— 

7 ‘‘(i) determine whether funds received 

8 by the Tribes under this section during the 

9 period covered by the audit were used to 

10 carry out the plan of the appropriate Tribe 

11 in accordance with this section; and 

12 ‘‘(ii) include the determination under 

13 clause (i) in the written findings of the 

14 audit. 

15 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE16 MENTS.— 

17 ‘‘(A) IN GENERAL.—If the Secretary of the 

18 Treasury determines that meeting the require19 ments under paragraph (2) with respect to the 

20 investment of a Fund is not practicable, or 

21 would result in adverse consequences for the 

22 Fund, the Secretary shall modify the require23 ments, as the Secretary determines to be nec24 essary. 


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1 ‘‘(B) CONSULTATION.—Before modifying a 

2 requirement under subparagraph (A), the Sec3 retary of the Treasury shall consult with the 

4 Tribes regarding the proposed modification.’’; 

5 and 

6 (2) by striking subsection (f) and inserting the 

7 following: 

8 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au9 thorized to be appropriated, out of any money in the 

10 Treasury not otherwise appropriated, to the Secretary of 

11 the Treasury to pay expenses associated with investing the 

12 Funds and auditing the uses of amounts withdrawn from 

13 the Funds— 

14 ‘‘(1) up to $500,000 for each of fiscal years 

15 2006 and 2007; and 

16 ‘‘(2) such sums as are necessary for each subse17 quent fiscal year.’’. 

18 SEC. 5012. CONNECTICUT RIVER DAMS, VERMONT. 

19 (a) IN GENERAL.—The Secretary shall evaluate, de20 sign, and construct structural modifications at full Fed21 eral cost to the Union Village Dam (Ompompanoosuc 

22 River), North Hartland Dam (Ottauquechee River), North 

23 Springfield Dam (Black River), Ball Mountain Dam (West 

24 River), and Townshend Dam (West River), Vermont, to 


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1 regulate flow and temperature to mitigate downstream im2 pacts on aquatic habitat and fisheries. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $30,000,000. 

6 TITLE VI—PROJECT 

7 DEAUTHORIZATIONS 

8 SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA. 

9 The project for flood damage reduction, Little Cove 

10 Creek, Glencoe, Alabama, authorized by the Supplemental 

11 Appropriations Act, 1985 (99 Stat. 312), is not author12 ized. 

13 SEC. 6002. GOLETA AND VICINITY, CALIFORNIA. 

14 The project for flood control, Goleta and Vicinity, 

15 California, authorized by section 201 of the Flood Control 

16 Act of 1970 (84 Stat. 1826), is not authorized. 

17 SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT. 

18 (a) IN GENERAL.—The portion of the project for 

19 navigation, Bridgeport Harbor, Connecticut, authorized 

20 by the Act of July 3, 1930 (46 Stat. 919), consisting of 

21 an 18-foot channel in Yellow Mill River and described in 

22 subsection (b), is not authorized. 

23 (b) DESCRIPTION OF PROJECT.—The project re24 ferred to in subsection (a) is described as beginning at 

25 a point along the eastern limit of the existing project, N. 


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1 123,649.75, E. 481,920.54, thence running northwesterly 

2 about 52.64 feet to a point N. 123,683.03, E. 481,879.75, 

3 thence running northeasterly about 1,442.21 feet to a 

4 point N. 125,030.08, E. 482,394.96, thence running 

5 northeasterly about 139.52 feet to a point along the east 

6 limit of the existing channel, N. 125,133.87, E. 

7 482,488.19, thence running southwesterly about 1,588.98 

8 feet to the point of origin. 

9 SEC. 6004. BRIDGEPORT, CONNECTICUT. 

10 The project for environmental infrastructure, Bridge11 port, Connecticut, authorized by section 219(f)(26) of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4835; 113 Stat. 336), is not authorized. 

14 SEC. 6005. INLAND WATERWAY FROM DELAWARE RIVER TO 

15 CHESAPEAKE BAY, PART II, INSTALLATION 

16 OF FENDER PROTECTION FOR BRIDGES, 

17 DELAWARE AND MARYLAND. 

18 The project for the construction of bridge fenders for 

19 the Summit and St. Georges Bridge for the Inland Water20 way of the Delaware River to the C & D Canal of the 

21 Chesapeake Bay, authorized by the River and Harbor Act 

22 of 1954 (68 Stat. 1249), is not authorized. 

23 SEC. 6006. SHINGLE CREEK BASIN, FLORIDA. 

24 The project for flood control, Central and Southern 

25 Florida Project, Shingle Creek Basin, Florida, authorized 


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1 by section 203 of the Flood Control Act of 1962 (76 Stat. 

2 1182), is not authorized. 

3 SEC. 6007. BREVOORT, INDIANA. 

4 The project for flood control, Brevoort, Indiana, au5 thorized by section 5 of the Flood Control Act of 1936 

6 (49 Stat. 1587), is not authorized. 

7 SEC. 6008. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA. 

8 The project for flood control, Middle Wabash, Green9 field Bayou, Indiana, authorized by section 10 of the 

10 Flood Control Act of 1946 (60 Stat. 649), is not author11 ized. 

12 SEC. 6009. LAKE GEORGE, HOBART, INDIANA. 

13 The project for flood damage reduction, Lake George, 

14 Hobart, Indiana, authorized by section 602 of the Water 

15 Resources Development Act of 1986 (100 Stat. 4148), is 

16 not authorized. 

17 SEC. 6010. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 

18 2, IOWA. 

19 The project for flood damage reduction, Green Bay 

20 Levee and Drainage District No. 2, Iowa, authorized by 

21 section 401(a) of the Water Resources Development Act 

22 of 1986 (100 Stat. 4115), deauthorized in fiscal year 

23 1991, and reauthorized by section 115(a)(1) of the Water 

24 Resources Development Act of 1992 (106 Stat. 4821), is 

25 not authorized. 


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1 SEC. 6011. MUSCATINE HARBOR, IOWA. 

2 The project for navigation at the Muscatine Harbor 

3 on the Mississippi River at Muscatine, Iowa, authorized 

4 by section 101 of the River and Harbor Act of 1950 (64 

5 Stat. 166), is not authorized. 

6 SEC. 6012. BIG SOUTH FORK NATIONAL RIVER AND REC7 REATIONAL AREA, KENTUCKY AND TEN8 NESSEE. 

9 The project for recreation facilities at Big South 

10 Fork National River and Recreational Area, Kentucky and 

11 Tennessee, authorized by section 108 of the Water Re12 sources Development Act of 1974 (88 Stat. 43), is not 

13 authorized. 

14 SEC. 6013. EAGLE CREEK LAKE, KENTUCKY. 

15 The project for flood control and water supply, Eagle 

16 Creek Lake, Kentucky, authorized by section 203 of the 

17 Flood Control Act of 1962 (76 Stat. 1188), is not author18 ized. 

19 SEC. 6014. HAZARD, KENTUCKY. 

20 The project for flood damage reduction, Hazard, 

21 Kentucky, authorized by section 3 of the Water Resources 

22 Development Act of 1988 (102 Stat. 4014) and section 

23 108 of the Water Resources Development Act of 1990 

24 (104 Stat. 4621), is not authorized. 


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1 SEC. 6015. WEST KENTUCKY TRIBUTARIES, KENTUCKY. 

2 The project for flood control, West Kentucky Tribu3 taries, Kentucky, authorized by section 204 of the Flood 

4 Control Act of 1965 (79 Stat. 1081), section 201 of the 

5 Flood Control Act of 1970 (84 Stat. 1825), and section 

6 401(b) of the Water Resources Development Act of 1986 

7 (100 Stat. 4129), is not authorized. 

8 SEC. 6016. BAYOU COCODRIE AND TRIBUTARIES, LOU9 ISIANA. 

10 The project for flood damage reduction, Bayou 

11 Cocodrie and Tributaries, Louisiana, authorized by section 

12 3 of the of the Act of August 18, 1941 (55 Stat. 644, 

13 chapter 377), and section 1(a) of the Water Resources De14 velopment Act of 1974 (88 Stat. 12), is not authorized. 

15 SEC. 6017. BAYOU LAFOURCHE AND LAFOURCHE JUMP, 

16 LOUISIANA. 

17 The uncompleted portions of the project for naviga18 tion improvement for Bayou LaFourche and LaFourche 

19 Jump, Louisiana, authorized by the Act of August 30, 

20 1935 (49 Stat. 1033, chapter 831), and the River and 

21 Harbor Act of 1960 (74 Stat. 481), are not authorized. 

22 SEC. 6018. EASTERN RAPIDES AND SOUTH-CENTRAL 

23 AVOYELLES PARISHES, LOUISIANA. 

24 The project for flood control, Eastern Rapides and 

25 South-Central Avoyelles Parishes, Louisiana, authorized 


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1 by section 201 of the Flood Control Act of 1970 (84 Stat. 

2 1825), is not authorized. 

3 SEC. 6019. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU4 ISIANA. 

5 The project for erosion protection and recreation, 

6 Fort Livingston, Grande Terre Island, Louisiana, author7 ized by the Act of August 13, 1946 (commonly known as 

8 the ‘‘Flood Control Act of 1946’’) (33 U.S.C. 426e et 

9 seq.), is not authorized. 

10 SEC. 6020. GULF INTERCOASTAL WATERWAY, LAKE 

11 BORGNE AND CHEF MENTEUR, LOUISIANA. 

12 The project for the construction of bulkheads and jet13 ties at Lake Borgne and Chef Menteur, Louisiana, as part 

14 of the Gulf Intercoastal Waterway authorized by the first 

15 section of the River and Harbor Act of 1946 (60 Stat. 

16 635), is not authorized. 

17 SEC. 6021. RED RIVER WATERWAY, SHREVEPORT, LOU18 ISIANA TO DAINGERFIELD, TEXAS. 

19 The project for the Red River Waterway, Shreveport, 

20 Louisiana to Daingerfield, Texas, authorized by section 

21 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

22 is not authorized. 

23 SEC. 6022. CASCO BAY, PORTLAND, MAINE. 

24 The project for environmental infrastructure, Casco 

25 Bay in the Vicinity of Portland, Maine, authorized by secVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 tion 307 of the Water Resources Development Act of 1992 

2 (106 Stat. 4841), is not authorized. 

3 SEC. 6023. NORTHEAST HARBOR, MAINE. 

4 The project for navigation, Northeast Harbor, Maine, 

5 authorized by section 2 of the Act of March 2, 1945 (59 

6 Stat. 12, chapter 19), is not authorized. 

7 SEC. 6024. PENOBSCOT RIVER, BANGOR, MAINE. 

8 The project for environmental infrastructure, Penob9 scot River in the Vicinity of Bangor, Maine, authorized 

10 by section 307 of the Water Resources Development Act 

11 of 1992 (106 Stat. 4841), is not authorized. 

12 SEC. 6025. SAINT JOHN RIVER BASIN, MAINE. 

13 The project for research and demonstration program 

14 of cropland irrigation and soil conservation techniques, 

15 Saint John River Basin, Maine, authorized by section 

16 1108 of the Water Resources Development Act of 1986 

17 (106 Stat. 4230), is not authorized. 

18 SEC. 6026. TENANTS HARBOR, MAINE. 

19 The project for navigation, Tenants Harbor, Maine, 

20 authorized by the first section of the Act of March 2, 1919 

21 (40 Stat. 1275, chapter 95), is not authorized. 

22 SEC. 6027. GRAND HAVEN HARBOR, MICHIGAN. 

23 The project for navigation, Grand Haven Harbor, 

24 Michigan, authorized by section 202(a) of the Water ReVerDate Aug 31 2005 01:47 May 03, 2007 Jkt 059200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.PCS S1248

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1 sources Development Act of 1986 (100 Stat. 4093), is not 

2 authorized. 

3 SEC. 6028. GREENVILLE HARBOR, MISSISSIPPI. 

4 The project for navigation, Greenville Harbor, Mis5 sissippi, authorized by section 601(a) of the Water Re6 sources Development Act of 1986 (100 Stat. 4142), is not 

7 authorized. 

8 SEC. 6029. PLATTE RIVER FLOOD AND RELATED 

9 STREAMBANK EROSION CONTROL, NE10 BRASKA. 

11 The project for flood damage reduction, Platte River 

12 Flood and Related Streambank Erosion Control, Ne13 braska, authorized by section 603 of the Water Resources 

14 Development Act of 1986 (100 Stat. 4149), is not author15 ized. 

16 SEC. 6030. EPPING, NEW HAMPSHIRE. 

17 The project for environmental infrastructure, Ep18 ping, New Hampshire, authorized by section 219(c)(6) of 

19 the Water Resources Development Act of 1992 (106 Stat. 

20 4835), is not authorized. 

21 SEC. 6031. NEW YORK HARBOR AND ADJACENT CHANNELS, 

22 CLAREMONT TERMINAL, JERSEY CITY, NEW 

23 JERSEY. 

24 The project for navigation, New York Harbor and ad25 jacent channels, Claremont Terminal, Jersey City, New 


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1 Jersey, authorized by section 202(b) of the Water Re2 sources Development Act of 1986 (100 Stat. 4098), is not 

3 authorized. 

4 SEC. 6032. EISENHOWER AND SNELL LOCKS, NEW YORK. 

5 The project for navigation, Eisenhower and Snell 

6 Locks, New York, authorized by section 1163 of the Water 

7 Resources Development Act of 1986 (100 Stat. 4258), is 

8 not authorized. 

9 SEC. 6033. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK. 

10 The project for navigation, Olcott Harbor, Lake On11 tario, New York, authorized by section 601(a) of the 

12 Water Resources Development Act of 1986 (100 Stat. 

13 4143), is not authorized. 

14 SEC. 6034. OUTER HARBOR, BUFFALO, NEW YORK. 

15 The project for navigation, Outer Harbor, Buffalo, 

16 New York, authorized by section 110 of the Water Re17 sources Development Act of 1992 (106 Stat. 4817), is not 

18 authorized. 

19 SEC. 6035. SUGAR CREEK BASIN, NORTH CAROLINA AND 

20 SOUTH CAROLINA. 

21 The project for flood damage reduction, Sugar Creek 

22 Basin, North Carolina and South Carolina, authorized by 

23 section 401(a) of the Water Resources Development Act 

24 of 1986 (100 Stat. 4121), is not authorized. 


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1 SEC. 6036. CLEVELAND HARBOR 1958 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 1958 (72 Stat. 299), is not 

5 authorized. 

6 SEC. 6037. CLEVELAND HARBOR 1960 ACT, OHIO. 

7 The project for navigation, Cleveland Harbor 

8 (uncompleted portion), Ohio, authorized by section 101 of 

9 the River and Harbor Act of 1960 (74 Stat. 482), is not 

10 authorized. 

11 SEC. 6038. CLEVELAND HARBOR, UNCOMPLETED PORTION 

12 OF CUT #4, OHIO. 

13 The project for navigation, Cleveland Harbor 

14 (uncompleted portion of Cut #4), Ohio, authorized by the 

15 first section of the Act of July 24, 1946 (60 Stat. 636, 

16 chapter 595), is not authorized. 

17 SEC. 6039. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM18 MOND, OREGON. 

19 The project for the Columbia River, Seafarers Memo20 rial, Hammond, Oregon, authorized by title I of the En21 ergy and Water Development Appropriations Act, 1991 

22 (104 Stat. 2078), is not authorized. 

23 SEC. 6040. TIOGA-HAMMOND LAKES, PENNSYLVANIA. 

24 The project for flood control and recreation, Tioga25 Hammond Lakes, Mill Creek Recreation, Pennsylvania, 


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1 authorized by section 203 of the Flood Control Act of 

2 1958 (72 Stat. 313), is not authorized. 

3 SEC. 6041. TAMAQUA, PENNSYLVANIA. 

4 The project for flood control, Tamaqua, Pennsyl5 vania, authorized by section 1(a) of the Water Resources 

6 Development Act of 1974 (88 Stat. 14), is not authorized. 

7 SEC. 6042. NARRAGANSETT TOWN BEACH, NARRAGANSETT, 

8 RHODE ISLAND. 

9 The project for navigation, Narragansett Town 

10 Beach, Narragansett, Rhode Island, authorized by section 

11 361 of the Water Resources Development Act of 1992 

12 (106 Stat. 4861), is not authorized. 

13 SEC. 6043. 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. 

17 3788), is not authorized. 

18 SEC. 6044. ARROYO COLORADO, TEXAS. 

19 The project for flood damage reduction, Arroyo Colo20 rado, Texas, authorized by section 401(a) of the Water 

21 Resources Development Act of 1986 (100 Stat. 4125), is 

22 not authorized. 

23 SEC. 6045. CYPRESS CREEK-STRUCTURAL, TEXAS. 

24 The project for flood damage reduction, Cypress 

25 Creek-Structural, Texas, authorized by section 3(a)(13) of 


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1 the Water Resources Development Act of 1988 (102 Stat. 

2 4014), is not authorized. 

3 SEC. 6046. 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 

8 Trinity River, Texas, authorized by section 203 of the 

9 Flood Control Act of 1962 (76 Stat. 1185), is not author10 ized. 

11 SEC. 6047. FALFURRIAS, TEXAS. 

12 The project for flood damage reduction, Falfurrias, 

13 Texas, authorized by section 3(a)(14) of the Water Re14 sources Development Act of 1988 (102 Stat. 4014), is not 

15 authorized. 

16 SEC. 6048. PECAN BAYOU LAKE, TEXAS. 

17 The project for flood control, Pecan Bayou Lake, 

18 Texas, authorized by section 203 of the Flood Control Act 

19 of 1968 (82 Stat. 742), is not authorized. 

20 SEC. 6049. LAKE OF THE PINES, TEXAS. 

21 The project for navigation improvements affecting 

22 Lake of the Pines, Texas, for the portion of the Red River 

23 below Fulton, Arkansas, authorized by the Act of July 13, 

24 1892 (27 Stat. 88, chapter 158), as amended by the Act 

25 of July 24, 1946 (60 Stat. 635, chapter 595), the Act 


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1 of May 17, 1950 (64 Stat. 163, chapter 188), and the 

2 River and Harbor Act of 1968 (82 Stat. 731), is not au3 thorized. 

4 SEC. 6050. TENNESSEE COLONY LAKE, TEXAS. 

5 The project for navigation, Tennessee Colony Lake, 

6 Trinity River, Texas, authorized by section 204 of the 

7 River and Harbor Act of 1965 (79 Stat. 1091), is not au8 thorized. 

9 SEC. 6051. CITY WATERWAY, TACOMA, WASHINGTON. 

10 The portion of the project for navigation, City Water11 way, Tacoma, Washington, authorized by the first section 

12 of the Act of June 13, 1902 (32 Stat. 347), consisting 

13 of the last 1,000 linear feet of the inner portion of the 

14 Waterway beginning at Station 70+00 and ending at Sta15 tion 80+00, is not authorized. 

16 SEC. 6052. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA. 

17 The project for bank erosion, Kanawha River, 

18 Charleston, West Virginia, authorized by section 

19 603(f)(13) of the Water Resources Development Act of 

20 1986 (100 Stat. 4153), is not authorized. 


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Calendar No. 126 

110TH CONGRESS 

1ST SESSION S. 1248 

[Report No. 110

–58] 

A BILL 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecAPRIL 30, 2007 

Read twice and placed on the calendar 


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