I 

110TH CONGRESS 

1ST SESSION H. R. 1495 

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 HOUSE OF REPRESENTATIVES 

MARCH 13, 2007 

Mr. OBERSTAR (for himself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Resources Development Act of 2007’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

Sec. 1005. Small projects for improvement of the quality of the environment. 

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

Sec. 1008. Small projects for snagging and sediment removal. 

TITLE II—GENERAL PROVISIONS 

Sec. 2001. Non-Federal contributions. 

Sec. 2002. Harbor cost sharing. 

Sec. 2003. Funding to process permits. 

Sec. 2004. National shoreline erosion control development and demonstration 

program. 

Sec. 2005. Small shore and beach restoration and protection projects. 

Sec. 2006. Aquatic ecosystem restoration. 

Sec. 2007. Small flood damage reduction projects. 

Sec. 2008. Modification of projects for improvement of the quality of the environment. 

Sec. 2009. Written agreement for water resources projects. 

Sec. 2010. Assistance for remediation, restoration, and reuse. 

Sec. 2011. Compilation of laws. 

Sec. 2012. Dredged material disposal. 

Sec. 2013. Wetlands mitigation. 

Sec. 2014. Mitigation for fish and wildlife losses. 

Sec. 2015. Remote and subsistence harbors. 

Sec. 2016. Beneficial uses of dredged material. 

Sec. 2017. Cost-sharing provisions for certain areas. 

Sec. 2018. Use of other Federal funds. 

Sec. 2019. Revision of project partnership agreement. 

Sec. 2020. Cost sharing. 

Sec. 2021. Expedited actions for emergency flood damage reduction. 

Sec. 2022. Watershed and river basin assessments. 

Sec. 2023. Tribal partnership program. 

Sec. 2024. Wildfire firefighting. 

Sec. 2025. Technical assistance. 

Sec. 2026. Lakes program. 

Sec. 2027. Coordination and scheduling of Federal, State, and local actions. 

Sec. 2028. Project streamlining. 

Sec. 2029. Cooperative agreements. 

Sec. 2030. Training funds. 

Sec. 2031. Access to water resource data. 

Sec. 2032. Shore protection projects. 

Sec. 2033. Ability to pay. 

Sec. 2034. Leasing authority. 

Sec. 2035. Cost estimates. 

Sec. 2036. Project planning. 

Sec. 2037. Independent peer review. 

Sec. 2038. Studies and reports for water resources projects. 

Sec. 2039. Offshore oil and gas fabrication port. 


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TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. King Cove Harbor, Alaska. 

Sec. 3002. Sitka, Alaska. 

Sec. 3003. Tatitlek, Alaska. 

Sec. 3004. Rio De Flag, Flagstaff, Arizona. 

Sec. 3005. Osceola Harbor, Arkansas. 

Sec. 3006. Pine Mountain Dam, Arkansas. 

Sec. 3007. American and Sacramento Rivers, California. 

Sec. 3008. Compton Creek, California. 

Sec. 3009. Grayson Creek/Murderer’s Creek, California. 

Sec. 3010. Hamilton Airfield, California. 

Sec. 3011. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 

Sec. 3012. Kaweah River, California. 

Sec. 3013. Larkspur Ferry Channel, Larkspur, California. 

Sec. 3014. Llagas Creek, California. 

Sec. 3015. Magpie Creek, California. 

Sec. 3016. Pacific Flyway Center, Sacramento, California. 

Sec. 3017. Pinole Creek, California. 

Sec. 3018. Prado Dam, California. 

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

Sec. 3020. Sacramento Deep Water Ship Channel, California. 

Sec. 3021. Seven Oaks Dam, California. 

Sec. 3022. Upper Guadalupe River, California. 

Sec. 3023. Walnut Creek Channel, California. 

Sec. 3024. Wildcat/San Pablo Creek Phase I, California. 

Sec. 3025. Wildcat/San Pablo Creek Phase II, California. 

Sec. 3026. Yuba River Basin project, California. 

Sec. 3027. South Platte River Basin, Colorado. 

Sec. 3028. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland. 

Sec. 3029. Broward County and Hillsboro Inlet, Florida. 

Sec. 3030. Gasparilla and Estero Islands, Florida. 

Sec. 3031. Jacksonville Harbor, Florida. 

Sec. 3032. Lido Key Beach, Sarasota, Florida. 

Sec. 3033. Miami Harbor, Florida. 

Sec. 3034. Peanut Island, Florida. 

Sec. 3035. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3036. Tampa Harbor Cut B, Florida. 

Sec. 3037. Allatoona Lake, Georgia. 

Sec. 3038. Latham River, Glynn County, Georgia. 

Sec. 3039. Dworshak Dam and Reservoir improvements, Idaho. 

Sec. 3040. Beardstown Community Boat Harbor, Beardstown, Illinois. 

Sec. 3041. Cache River Levee, Illinois. 

Sec. 3042. Chicago River, Illinois. 

Sec. 3043. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois. 

Sec. 3044. Emiquon, Illinois. 

Sec. 3045. Lasalle, Illinois. 

Sec. 3046. Spunky Bottoms, Illinois. 

Sec. 3047. Fort Wayne and vicinity, Indiana. 

Sec. 3048. Koontz Lake, Indiana. 

Sec. 3049. White River, Indiana. 

Sec. 3050. Des Moines River and Greenbelt, Iowa. 

Sec. 3051. Prestonsburg, Kentucky. 


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Sec. 3052. Amite River and tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3053. Atchafalaya Basin, Louisiana. 

Sec. 3054. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3055. Bayou Plaquemine, Louisiana. 

Sec. 3056. J. Bennett Johnston Waterway, Mississippi River to Shreveport, 

Louisiana. 

Sec. 3057. Mississippi Delta Region, Louisiana. 

Sec. 3058. New Orleans to Venice, Louisiana. 

Sec. 3059. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3060. Camp Ellis, Saco, Maine. 

Sec. 3061. Detroit River Shoreline, Detroit, Michigan. 

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

Sec. 3063. Sault Sainte Marie, Michigan. 

Sec. 3064. Ada, Minnesota. 

Sec. 3065. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3066. Grand Marais, Minnesota. 

Sec. 3067. Grand Portage Harbor, Minnesota. 

Sec. 3068. Granite Falls, Minnesota. 

Sec. 3069. Knife River Harbor, Minnesota. 

Sec. 3070. Red Lake River, Minnesota. 

Sec. 3071. Silver Bay, Minnesota. 

Sec. 3072. Taconite Harbor, Minnesota. 

Sec. 3073. Two Harbors, Minnesota. 

Sec. 3074. Deer Island, Harrison County, Mississippi. 

Sec. 3075. Pearl River Basin, Mississippi. 

Sec. 3076. Festus and Crystal City, Missouri. 

Sec. 3077. L–15 levee, Missouri. 

Sec. 3078. Monarch-Chesterfield, Missouri. 

Sec. 3079. River Des Peres, Missouri. 

Sec. 3080. Antelope Creek, Lincoln, Nebraska. 

Sec. 3081. Sand Creek Watershed, Wahoo, Nebraska. 

Sec. 3082. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3083. Passaic River Basin flood management, New Jersey. 

Sec. 3084. Buffalo Harbor, New York. 

Sec. 3085. Orchard Beach, Bronx, New York. 

Sec. 3086. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3087. New York State Canal System. 

Sec. 3088. Lower Girard Lake Dam, Ohio. 

Sec. 3089. Mahoning River, Ohio. 

Sec. 3090. Delaware River, Pennsylvania, New Jersey, and Delaware. 

Sec. 3091. Raystown Lake, Pennsylvania. 

Sec. 3092. Sheraden Park Stream and Chartiers Creek, Allegheny County, 

Pennsylvania. 

Sec. 3093. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3094. South Central Pennsylvania. 

Sec. 3095. Wyoming Valley, Pennsylvania. 

Sec. 3096. Cedar Bayou, Texas. 

Sec. 3097. Freeport Harbor, Texas. 

Sec. 3098. Lake Kemp, Texas. 

Sec. 3099. Lower Rio Grande Basin, Texas. 

Sec. 3100. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3101. Pat Mayse Lake, Texas. 

Sec. 3102. Proctor Lake, Texas. 


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Sec. 3103. San Antonio Channel, San Antonio, Texas. 

Sec. 3104. Tangier Island Seawall, Virginia. 

Sec. 3105. Duwamish/Green, Washington. 

Sec. 3106. Yakima River, Port of Sunnyside, Washington. 

Sec. 3107. Greenbrier River Basin, West Virginia. 

Sec. 3108. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3109. Northern West Virginia. 

Sec. 3110. Manitowoc Harbor, Wisconsin. 

Sec. 3111. Mississippi River headwaters reservoirs. 

Sec. 3112. Continuation of project authorizations. 

Sec. 3113. Project reauthorizations. 

Sec. 3114. Project deauthorizations. 

Sec. 3115. Land conveyances. 

Sec. 3116. Extinguishment of reversionary interests and use restrictions. 

TITLE IV—STUDIES 

Sec. 4001. John Glenn Great Lakes Basin Program. 

Sec. 4002. Lake Erie dredged material disposal sites. 

Sec. 4003. Southwestern United States drought study. 

Sec. 4004. Delaware River. 

Sec. 4005. Knik Arm, Cook Inlet, Alaska. 

Sec. 4006. Kuskokwim River, Alaska. 

Sec. 4007. St. George Harbor, Alaska. 

Sec. 4008. Susitna River, Alaska. 

Sec. 4009. Gila Bend, Maricopa, Arizona. 

Sec. 4010. Searcy County, Arkansas. 

Sec. 4011. Elkhorn Slough Estuary, California. 

Sec. 4012. Fresno, Kings, and Kern Counties, California. 

Sec. 4013. Los Angeles River revitalization study, California. 

Sec. 4014. Lytle Creek, Rialto, California. 

Sec. 4015. Mokelumne River, San Joaquin County, California. 

Sec. 4016. Napa River, St. Helena, California. 

Sec. 4017. Orick, California. 

Sec. 4018. Rialto, Fontana, and Colton, California. 

Sec. 4019. Sacramento River, California. 

Sec. 4020. San Diego County, California. 

Sec. 4021. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4022. South San Francisco Bay shoreline study, California. 

Sec. 4023. Roaring Fork River, Basalt, Colorado. 

Sec. 4024. Delaware and Christina Rivers and Shellpot Creek, Wilmington, 

Delaware. 

Sec. 4025. Collier County Beaches, Florida. 

Sec. 4026. Lower St. Johns River, Florida. 

Sec. 4027. Vanderbilt Beach Lagoon, Florida. 

Sec. 4028. Meriwether County, Georgia. 

Sec. 4029. Tybee Island, Georgia. 

Sec. 4030. Boise River, Idaho. 

Sec. 4031. Ballard’s Island Side Channel, Illinois. 

Sec. 4032. Salem, Indiana. 

Sec. 4033. Buckhorn Lake, Kentucky. 

Sec. 4034. Dewey Lake, Kentucky. 

Sec. 4035. Louisville, Kentucky. 

Sec. 4036. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 4037. Hamburg and Green Oak Townships, Michigan. 


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Sec. 4038. Duluth-Superior Harbor, Minnesota and Wisconsin. 

Sec. 4039. Northeast Mississippi. 

Sec. 4040. St. Louis, Missouri. 

Sec. 4041. Dredged material disposal, New Jersey. 

Sec. 4042. Bayonne, New Jersey. 

Sec. 4043. Carteret, New Jersey. 

Sec. 4044. Gloucester County, New Jersey. 

Sec. 4045. Perth Amboy, New Jersey. 

Sec. 4046. Batavia, New York. 

Sec. 4047. Big Sister Creek, Evans, New York. 

Sec. 4048. Finger Lakes, New York. 

Sec. 4049. Lake Erie Shoreline, Buffalo, New York. 

Sec. 4050. Newtown Creek, New York. 

Sec. 4051. Niagara River, New York. 

Sec. 4052. Shore Parkway Greenway, Brooklyn, New York. 

Sec. 4053. Upper Delaware River Watershed, New York. 

Sec. 4054. Lincoln County, North Carolina. 

Sec. 4055. Wilkes County, North Carolina. 

Sec. 4056. Yadkinville, North Carolina. 

Sec. 4057. Cincinnati, Ohio. 

Sec. 4058. Lake Erie, Ohio. 

Sec. 4059. Ohio River, Ohio. 

Sec. 4060. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4061. Walla Walla River Basin, Oregon. 

Sec. 4062. Chartiers Creek Watershed, Pennsylvania. 

Sec. 4063. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 

Sec. 4064. Western Pennsylvania flood damage reduction, Pennsylvania. 

Sec. 4065. Williamsport, Pennsylvania. 

Sec. 4066. Yardley Borough, Pennsylvania. 

Sec. 4067. Rio Valenciano, Juncos, Puerto Rico. 

Sec. 4068. Crooked Creek, Bennettsville, South Carolina. 

Sec. 4069. Broad River, York County, South Carolina. 

Sec. 4070. Chattanooga, Tennessee. 

Sec. 4071. Cleveland, Tennessee. 

Sec. 4072. Cumberland River, Nashville, Tennessee. 

Sec. 4073. Lewis, Lawrence, and Wayne Counties, Tennessee. 

Sec. 4074. Wolf River and Nonconnah Creek, Memphis Tennessee. 

Sec. 4075. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 4076. Port of Galveston, Texas. 

Sec. 4077. Grand County and Moab, Utah. 

Sec. 4078. Southwestern Utah. 

Sec. 4079. Chowan River Basin, Virginia and North Carolina. 

Sec. 4080. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4081. Monongahela River Basin, northern West Virginia. 

Sec. 4082. Kenosha Harbor, Wisconsin. 

Sec. 4083. Johnsonville Dam, Johnsonville, Wisconsin. 

TITLE V—MISCELLANEOUS 

Sec. 5001. Maintenance of navigation channels. 

Sec. 5002. Watershed management. 

Sec. 5003. Dam safety. 

Sec. 5004. Structural integrity evaluations. 

Sec. 5005. Flood mitigation priority areas. 

Sec. 5006. Additional assistance for authorized projects. 


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Sec. 5007. Expedited completion of reports and construction for certain 

projects. 

Sec. 5008. Expedited completion of reports for certain projects. 

Sec. 5009. Southeastern water resources assessment. 

Sec. 5010. Upper Mississippi River environmental management program. 

Sec. 5011. Missouri and Middle Mississippi River enhancement project. 

Sec. 5012. Great Lakes fishery and ecosystem restoration. 

Sec. 5013. Great Lakes remedial action plans and sediment remediation. 

Sec. 5014. Great Lakes tributary models. 

Sec. 5015. Great Lakes navigation. 

Sec. 5016. Upper Mississippi River dispersal barrier project. 

Sec. 5017. Susquehanna, Delaware, and Potomac River Basins, Delaware, 

Maryland, Pennsylvania, and Virginia. 

Sec. 5018. Chesapeake Bay environmental restoration and protection program. 

Sec. 5019. Potomac River watershed assessment and tributary strategy evaluation and monitoring program. 

Sec. 5020. Lock and dam security. 

Sec. 5021. Rehabilitation. 

Sec. 5022. Research and development program for Columbia and Snake River 

salmon survival. 

Sec. 5023. Pinhook Creek, Huntsville, Alabama. 

Sec. 5024. Alaska. 

Sec. 5025. Barrow, Alaska. 

Sec. 5026. Coffman Cove, Alaska. 

Sec. 5027. Fort Yukon, Alaska. 

Sec. 5028. Kotzebue Harbor, Alaska. 

Sec. 5029. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5030. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5031. Tanana River, Alaska. 

Sec. 5032. Valdez, Alaska. 

Sec. 5033. Whittier, Alaska. 

Sec. 5034. Wrangell Harbor, Alaska. 

Sec. 5035. Augusta and Clarendon, Arkansas. 

Sec. 5036. Des Arc levee protection, Arkansas. 

Sec. 5037. Loomis Landing, Arkansas. 

Sec. 5038. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5039. Cambria, California. 

Sec. 5040. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5041. Dana Point Harbor, California. 

Sec. 5042. East San Joaquin County, California. 

Sec. 5043. Eastern Santa Clara basin, California. 

Sec. 5044. Los Osos, California. 

Sec. 5045. Pine Flat Dam and Reservoir, California. 

Sec. 5046. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, 

California. 

Sec. 5047. San Francisco, California. 

Sec. 5048. San Francisco, California, waterfront area. 

Sec. 5049. San Pablo Bay, California, watershed and Suisun Marsh ecosystem 

restoration. 

Sec. 5050. Stockton, California. 

Sec. 5051. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5052. Florida Keys water quality improvements. 

Sec. 5053. Lake Worth, Florida. 


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Sec. 5054. Riley Creek Recreation Area, Idaho. 

Sec. 5055. Reconstruction of Illinois flood protection projects. 

Sec. 5056. Illinois River Basin restoration. 

Sec. 5057. Kaskaskia River Basin, Illinois, restoration. 

Sec. 5058. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5059. Promontory Point, Lake Michigan, Illinois. 

Sec. 5060. Burns Waterway Harbor, Indiana. 

Sec. 5061. Calumet region, Indiana. 

Sec. 5062. Paducah, Kentucky. 

Sec. 5063. Southern and eastern Kentucky. 

Sec. 5064. Winchester, Kentucky. 

Sec. 5065. Baton Rouge, Louisiana. 

Sec. 5066. Calcasieu Ship Channel, Louisiana. 

Sec. 5067. Cross Lake, Shreveport, Louisiana. 

Sec. 5068. West Baton Rouge Parish, Louisiana. 

Sec. 5069. Charlestown, Maryland. 

Sec. 5070. Anacostia River, District of Columbia and Maryland. 

Sec. 5071. Delmarva Conservation Corridor, Delaware and Maryland. 

Sec. 5072. Massachusetts dredged material disposal sites. 

Sec. 5073. Ontonagon Harbor, Michigan. 

Sec. 5074. Crookston, Minnesota. 

Sec. 5075. Garrison and Kathio Township, Minnesota. 

Sec. 5076. Itasca County, Minnesota. 

Sec. 5077. Minneapolis, Minnesota. 

Sec. 5078. Northeastern Minnesota. 

Sec. 5079. Wild Rice River, Minnesota. 

Sec. 5080. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5081. Mississippi River, Missouri and Illinois. 

Sec. 5082. St. Louis, Missouri. 

Sec. 5083. Hackensack Meadowlands area, New Jersey. 

Sec. 5084. Atlantic Coast of New York. 

Sec. 5085. College Point, New York City, New York. 

Sec. 5086. Flushing Bay and Creek, New York City, New York. 

Sec. 5087. Hudson River, New York. 

Sec. 5088. Mount Morris Dam, New York. 

Sec. 5089. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5090. Toussaint River, Ohio. 

Sec. 5091. Eugene, Oregon. 

Sec. 5092. Fern Ridge Dam, Oregon. 

Sec. 5093. Allegheny County, Pennsylvania. 

Sec. 5094. Kehly Run Dams, Pennsylvania. 

Sec. 5095. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5096. Northeast Pennsylvania. 

Sec. 5097. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5098. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5099. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial wildlife habitat restoration, South Dakota. 

Sec. 5100. Fritz Landing, Tennessee. 

Sec. 5101. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5102. Town Creek, Lenoir City, Tennessee. 

Sec. 5103. Tennessee River partnership. 

Sec. 5104. Upper Mississippi embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5105. Bosque River Watershed, Texas. 

Sec. 5106. Dallas Floodway, Dallas Texas. 


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Sec. 5107. Harris County, Texas. 

Sec. 5108. Onion Creek, Texas. 

Sec. 5109. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5110. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5111. Hamilton Island campground, Washington. 

Sec. 5112. Puget Island, Washington. 

Sec. 5113. Willapa Bay, Washington. 

Sec. 5114. West Virginia and Pennsylvania flood control. 

Sec. 5115. Central West Virginia. 

Sec. 5116. Southern West Virginia. 

Sec. 5117. Construction of flood control projects by non-Federal interests. 

TITLE VI—FLORIDA EVERGLADES 

Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6002. Pilot projects. 

Sec. 6003. Maximum costs. 

Sec. 6004. Project authorization. 

Sec. 6005. Credit. 

Sec. 6006. Outreach and assistance. 

Sec. 6007. Critical restoration projects. 

Sec. 6008. Modified water deliveries. 

Sec. 6009. Deauthorizations. 

Sec. 6010. Regional engineering model for environmental restoration. 

TITLE VII—LOUISIANA COASTAL AREA 

Sec. 7001. Definitions. 

Sec. 7002. Comprehensive plan. 

Sec. 7003. Louisiana coastal area. 

Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task 

Force. 

Sec. 7005. Project modifications. 

Sec. 7006. Construction. 

Sec. 7007. Non-Federal cost share. 

Sec. 7008. Project justification. 

Sec. 7009. Independent review. 

Sec. 7010. Expedited reports. 

Sec. 7011. Reporting. 

Sec. 7012. New Orleans and vicinity. 

Sec. 7013. Mississippi River Gulf Outlet. 

TITLE VIII—UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM 

Sec. 8001. Definitions. 

Sec. 8002. Navigation improvements and restoration. 

Sec. 8003. Authorization of construction of navigation improvements. 

Sec. 8004. Ecosystem restoration authorization. 

Sec. 8005. Comparable progress. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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


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1 TITLE I—WATER RESOURCES 

2 PROJECTS 

3 SEC. 1001. PROJECT AUTHORIZATIONS. 

4 Except as otherwise provided in this section, the fol5 lowing projects for water resources development and con6 servation and other purposes are authorized to be carried 

7 out by the Secretary substantially in accordance with the 

8 plans, and subject to the conditions, described in the re9 spective reports designated in this section: 

10 (1) HAINES, ALASKA.—The project for naviga11 tion, Haines, Alaska: Report of the Chief of Engi12 neers dated December 20, 2004, at a total cost of 

13 $14,040,000, with an estimated Federal cost of 

14 $11,232,000 and an estimated non-Federal cost of 

15 $2,808,000. 

16 (2) PORT LIONS, ALASKA.—The project for 

17 navigation, Port Lions, Alaska: Report of the Chief 

18 of Engineers dated June 14, 2006, at a total cost 

19 of $9,530,000, with an estimated Federal cost of 

20 $7,624,000 and an estimated non-Federal cost of 

21 $1,906,000. 

22 (3) RIO SALADO OESTE, ARIZONA.—The project 

23 for environmental restoration, Rio Salado Oeste, Ari24 zona: Report of the Chief of Engineers dated De25 cember 19, 2006, at a total cost of $166,650,000, 


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1 with an estimated Federal cost of $106,629,000 and 

2 an estimated non-Federal cost of $60,021,000. 

3 (4) SANTA CRUZ RIVER, PASEO DE LAS

4 IGLESIAS, ARIZONA.—The project for environmental 

5 restoration, Santa Cruz River, Pima County, Ari6 zona: Report of the Chief of Engineers dated March 

7 28, 2006, at a total cost of $97,700,000, with an es8 timated Federal cost of $63,300,000 and an esti9 mated non-Federal cost of $34,400,000. 

10 (5) TANQUE VERDE CREEK, PIMA COUNTY, ARI11 ZONA.—The project for environmental restoration, 

12 Tanque Verde Creek, Pima County, Arizona: Report 

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

14 a total cost of $5,906,000, with an estimated Fed15 eral cost of $3,836,000 and an estimated non-Fed16 eral cost of $2,070,000. 

17 (6) SALT RIVER (VA SHLYAY’ AKIMEL), MARI18 COPA COUNTY, ARIZONA.—The project for environ19 mental restoration, Salt River (Va Shlyay’ Akimel), 

20 Arizona: Report of the Chief of Engineers dated 

21 January 3, 2005, at a total cost of $162,100,000, 

22 with an estimated Federal cost of $105,200,000 and 

23 an estimated non-Federal cost of $56,900,000. 

24 (7) HAMILTON CITY, CALIFORNIA.—The project 

25 for flood damage reduction and environmental resVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 toration, Hamilton City, California: Report of the 

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

3 total cost of $52,400,000, with an estimated Federal 

4 cost of $34,100,000 and estimated non-Federal cost 

5 of $18,300,000. 

6 (8) IMPERIAL BEACH, CALIFORNIA.—The 

7 project for storm damage reduction, Imperial Beach, 

8 California: Report of the Chief of Engineers dated 

9 December 30, 2003, at a total cost of $13,700,000, 

10 with an estimated Federal cost of $8,521,000 and 

11 an estimated non-Federal cost of $5,179,000, and at 

12 an estimated total cost of $42,500,000 for periodic 

13 beach nourishment over the 50-year life of the 

14 project, with an estimated Federal cost of 

15 $21,250,000 and an estimated non-Federal cost of 

16 $21,250,000. 

17 (9) MATILIJA DAM, VENTURA COUNTY, CALI18 FORNIA.—The project for environmental restoration, 

19 Matilija Dam, Ventura County, California: Report of 

20 the Chief of Engineers dated December 20, 2004, at 

21 a total cost of $144,500,000, with an estimated Fed22 eral cost of $89,700,000 and an estimated non-Fed23 eral cost of $54,800,000. 

24 (10) MIDDLE CREEK, LAKE COUNTY, CALI25 FORNIA.—The project for flood damage reduction 


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1 and environmental restoration, Middle Creek, Lake 

2 County, California: Report of the Chief of Engineers 

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

4 $45,200,000, with an estimated Federal cost of 

5 $29,500,000 and an estimated non-Federal cost of 

6 $15,700,000. 

7 (11) NAPA RIVER SALT MARSH RESTORATION, 

8 CALIFORNIA.— 

9 (A) IN GENERAL.—The project for envi10 ronmental restoration, Napa River Salt Marsh 

11 Restoration, Napa, California: Report of the 

12 Chief of Engineers dated December 22, 2004, 

13 at a total cost of $134,500,000, with an esti14 mated Federal cost of $87,500,000 and an esti15 mated non-Federal cost of $47,000,000. 

16 (B) ADMINISTRATION.—In carrying out 

17 the project authorized by this paragraph, the 

18 Secretary shall— 

19 (i) construct a recycled water pipeline 

20 extending from the Sonoma Valley County 

21 Sanitation District Waste Water Treat22 ment Plant and the Napa Sanitation Dis23 trict Waste Water Treatment Plant to the 

24 project; and 


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1 (ii) restore or enhance Salt Ponds 1, 

2 1A, 2, and 3. 

3 (12) DENVER COUNTY REACH, SOUTH PLATTE

4 RIVER, DENVER, COLORADO.—The project for envi5 ronmental restoration, Denver County Reach, South 

6 Platte River, Denver, Colorado: Report of the Chief 

7 of Engineers dated May 16, 2003, at a total cost of 

8 $21,050,000, with an estimated Federal cost of 

9 $13,680,000 and an estimated non-Federal cost of 

10 $7,370,000. 

11 (13) MIAMI HARBOR, MIAMI-DADE COUNTY, 

12 FLORIDA.— 

13 (A) IN GENERAL.—The project for naviga14 tion, Miami Harbor, Miami-Dade County, Flor15 ida: Report of the Chief of Engineers dated 

16 April 25, 2005, at a total cost of $125,270,000, 

17 with an estimated Federal cost of $75,140,000 

18 and an estimated non-Federal cost of 

19 $50,130,000. 

20 (B) GENERAL REEVALUATION REPORT.— 

21 The non-Federal share of the cost of the gen22 eral reevaluation report that resulted in the re23 port of the Chief of Engineers referred to in 

24 subparagraph (A) shall be the same percentage 


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1 as the non-Federal share of cost of construction 

2 of the project. 

3 (C) AGREEMENT.—The Secretary shall 

4 enter into a new partnership with the non-Fed5 eral interest to reflect the cost sharing required 

6 by subparagraph (B). 

7 (14) EAST ST. LOUIS AND VICINITY, ILLI8 NOIS.—The project for environmental restoration 

9 and recreation, East St. Louis and Vicinity, Illinois: 

10 Report of the Chief of Engineers dated December 

11 22, 2004, at a total cost of $208,260,000, with an 

12 estimated Federal cost of $134,910,000 and an esti13 mated non-Federal cost of $73,350,000. 

14 (15) PEORIA RIVERFRONT DEVELOPMENT, ILLI15 NOIS.—The project for environmental restoration, 

16 Peoria Riverfront Development, Illinois: Report of 

17 the Chief of Engineers dated July 28, 2003, at a 

18 total cost of $18,220,000, with an estimated Federal 

19 cost of $11,840,000 and an estimated non-Federal 

20 cost of $6,380,000. 

21 (16) WOOD RIVER LEVEE SYSTEM RECON22 STRUCTION, MADISON COUNTY, ILLINOIS.—The 

23 project for flood damage reduction, Wood River 

24 Levee System Reconstruction, Madison County, Illi25 nois: Report of the Chief of Engineers dated July 


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1 18, 2006, at a total cost of $17,220,000, with an es2 timated Federal cost of $11,193,000 and an esti3 mated non-Federal cost of $6,027,000. 

4 (17) DES MOINES AND RACCOON RIVERS, DES

5 MOINES, IOWA.—The project for flood damage re6 duction, Des Moines and Raccoon Rivers, Des 

7 Moines, Iowa: Report of the Chief of Engineers 

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

9 $10,780,000, with an estimated Federal cost of 

10 $6,967,000 and an estimated non-Federal cost of 

11 $3,813,000. 

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

13 project for navigation, Bayou Sorrel Lock, Lou14 isiana: Report of the Chief of Engineers dated Janu15 ary 3, 2005, at a total cost of $9,680,000. The costs 

of construction of the project are to be paid 1 16 ⁄2 from 

17 amounts appropriated from the general fund of the 

Treasury and 1 18 ⁄2 from amounts appropriated from 

19 the Inland Waterways Trust Fund. 

20 (19) MORGANZA TO THE GULF OF MEXICO, 

21 LOUISIANA.— 

22 (A) IN GENERAL.—The project for hurri23 cane and storm damage reduction, Morganza to 

24 the Gulf of Mexico, Louisiana: Reports of the 

25 Chief of Engineers dated August 23, 2002, and 


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1 July 22, 2003, at a total cost of $886,700,000, 

2 with an estimated Federal cost of $576,355,000 

3 and an estimated non-Federal cost of 

4 $310,345,000. 

5 (B) CREDIT.—The Secretary shall credit 

6 toward the non-Federal share of the cost of the 

7 project the cost of design and construction work 

8 carried out by the non-Federal interest before 

9 the date of the partnership agreement for the 

10 project if the Secretary determines that the 

11 work is integral to the project. 

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

13 for navigation, Port of Iberia, Louisiana, Report of 

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

15 a total cost of $131,250,000, with an estimated Fed16 eral cost of $105,315,000 and an estimated non17 Federal cost of $25,935,000. 

18 (21) ROSEAU RIVER, ROSEAU, MINNESOTA.— 

19 The project for flood damage reduction, Roseau 

20 River, Roseau, Minnesota, Report of the Chief of 

21 Engineers dated December 19, 2006, at a total cost 

22 of $25,100,000, with an estimated Federal cost of 

23 $13,820,000 and an estimated non-Federal cost of 

24 $11,280,000. 


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1 (22) MISSISSIPPI COASTAL, MISSISSIPPI.—The 

2 project for hurricane and storm damage reduction 

3 and environmental restoration, Mississippi Coastal, 

4 Mississippi, Report of the Chief of Engineers dated 

5 December 31, 2006, at a total cost of $107,690,000, 

6 with an estimated Federal cost of $70,000,000 and 

7 an estimated non-Federal cost of $37,690,000. 

8 (23) KANSAS CITYS LEVEES, MISSOURI AND

9 KANSAS.—The project for flood damage reduction, 

10 Kansas Citys levees, Missouri and Kansas, Report of 

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

12 a total cost of $65,430,000, with an estimated Fed13 eral cost of $42,530,000 and an estimated non-Fed14 eral cost of $22,900,000. 

15 (24) SWOPE PARK INDUSTRIAL AREA, BLUE

16 RIVER, KANSAS CITY, MISSOURI.—The project for 

17 flood damage reduction, Swope Park Industrial 

18 Area, Blue River, Kansas City, Missouri: Report of 

19 the Chief of Engineers dated December 30, 2003, at 

20 a total cost of $16,980,000, with an estimated Fed21 eral cost of $11,037,000 and an estimated non-Fed22 eral cost of $5,943,000. 

23 (25) GREAT EGG HARBOR INLET TO TOWN24 SENDS INLET, NEW JERSEY.—The project for hurri25 cane and storm damage reduction, Great Egg HarVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 bor Inlet to Townsends Inlet, New Jersey: Report of 

2 the Chief of Engineers dated October 24, 2006, at 

3 a total cost of $54,360,000, with an estimated Fed4 eral cost of $35,069,000 and an estimated non-Fed5 eral cost of $19,291,000, and at an estimated total 

6 cost of $202,500,000 for periodic nourishment over 

7 the 50-year life of the project, with an estimated 

8 Federal cost of $101,250,000 and an estimated non9 Federal cost of $101,250,000. 

10 (26) HUDSON RARITAN ESTUARY, LIBERTY

11 STATE PARK, NEW JERSEY.— 

12 (A) IN GENERAL.—The project for envi13 ronmental restoration, Hudson Raritan Estu14 ary, Liberty State Park, New Jersey: Report of 

15 the Chief of Engineers dated August 25, 2006, 

16 at a total cost of $34,100,000, with an esti17 mated Federal cost of $22,200,000 and an esti18 mated non-Federal cost of $11,900,000. 

19 (B) RESTORATION TEAMS.—In carrying 

20 out the project, the Secretary shall establish 

21 and utilize watershed restoration teams com22 posed of estuary restoration experts from the 

23 Corps of Engineers, the New Jersey department 

24 of environmental protection, and the Port Au25 thority of New York and New Jersey and other 


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1 experts designated by the Secretary for the pur2 pose of developing habitat restoration and water 

3 quality enhancement. 

4 (27) MANASQUAN INLET TO BARNEGAT INLET, 

5 NEW JERSEY.—The project for hurricane and storm 

6 damage reduction, Manasquan Inlet to Barnegat 

7 Inlet, New Jersey: Report of the Chief of Engineers 

8 dated December 30, 2003, at a total cost of 

9 $71,900,000, with an estimated Federal cost of 

10 $46,735,000 and an estimated non-Federal cost of 

11 $25,165,000, and at an estimated total cost of 

12 $119,680,000 for periodic beach nourishment over 

13 the 50-year life of the project, with an estimated 

14 Federal cost of $59,840,000 and an estimated non15 Federal cost of $59,840,000. 

16 (28) RARITAN BAY AND SANDY HOOK BAY, 

17 UNION BEACH, NEW JERSEY.—The project for hurri18 cane and storm damage reduction, Raritan Bay and 

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

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

21 a total cost of $115,000,000, with an estimated Fed22 eral cost of $74,800,000 and an estimated non-Fed23 eral cost of $40,200,000, and at an estimated total 

24 cost of $6,500,000 for periodic nourishment over the 

25 50-year life of the project, with an estimated Federal 


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1 cost of $3,250,000 and an estimated non-Federal 

2 cost of $3,250,000. 

3 (29) SOUTH RIVER, RARITAN RIVER BASIN, 

4 NEW JERSEY.—The project for hurricane and storm 

5 damage reduction and environmental restoration, 

6 South River, Raritan River Basin, New Jersey: Re7 port of the Chief of Engineers dated July 22, 2003, 

8 at a total cost of $122,300,000, with an estimated 

9 Federal cost of $79,500,000 and an estimated non10 Federal cost of $42,800,000. 

11 (30) SOUTHWEST VALLEY, BERNALILLO COUN12 TY, NEW MEXICO.—The project for flood damage re13 duction, Southwest Valley, Bernalillo County, New 

14 Mexico: Report of the Chief of Engineers dated No15 vember 29, 2004, at a total cost of $24,840,000, 

16 with an estimated Federal cost of $16,150,000 and 

17 an estimated non-Federal cost of $8,690,000. 

18 (31) MONTAUK POINT, NEW YORK.—The 

19 project for hurricane and storm damage reduction, 

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

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

22 $14,600,000, with an estimated Federal cost of 

23 $7,300,000 and an estimated non-Federal cost of 

24 $7,300,000. 


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1 (32) HOCKING RIVER, MONDAY CREEK SUB2 BASIN, OHIO.—The project for environmental res3 toration, Hocking River, Monday Creek Sub-basin, 

4 Ohio: Report of the Chief of Engineers dated August 

5 24, 2006, at a total cost of $20,980,000, with an es6 timated Federal cost of $13,440,000 and an esti7 mated non-Federal cost of $7,540,000. 

8 (33) TOWN OF BLOOMSBURG, COLUMBIA COUN9 TY, PENNSYLVANIA.—The project for flood damage 

10 reduction, town of Bloomsburg, Columbia County, 

11 Pennsylvania: Report of the Chief of Engineers 

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

13 $44,500,000, with an estimated Federal cost of 

14 $28,925,000 and an estimated non-Federal cost of 

15 $15,575,000. 

16 (34) PAWLEY’S ISLAND, SOUTH CAROLINA.— 

17 The project for hurricane and storm damage reduc18 tion, Pawley’s Island, South Carolina, Report of the 

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

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

21 cost of $5,840,000 and an estimated non-Federal 

22 cost of $3,140,000, and at an estimated total cost 

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

24 50-year life of the project, with an estimated Federal 


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1 cost of $10,600,000 and an estimated non-Federal 

2 cost of $10,600,000. 

3 (35) CORPUS CHRISTI SHIP CHANNEL, CORPUS

4 CHRISTI, TEXAS.—The project for navigation and 

5 ecosystem restoration, Corpus Christi Ship Channel, 

6 Texas: Report of the Chief of Engineers dated June 

7 2, 2003, at a total cost of $188,110,000, with an es8 timated Federal cost of $87,810,000 and an esti9 mated non-Federal cost of $100,300,000. 

10 (36) GULF INTRACOASTAL WATERWAY, 

11 MATAGORDA BAY RE-ROUTE, TEXAS.—The project 

12 for navigation, Gulf Intracoastal Waterway, 

13 Matagorda Bay Re-Route, Texas: Report of the 

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

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

of the project are to 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 Inland Wa19 terways Trust Fund. 

20 (37) GULF INTRACOASTAL WATERWAY, HIGH

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

22 navigation, Gulf Intracoastal Waterway, High Island 

23 to Brazos River, Texas: Report of the Chief of Engi24 neers dated April 16, 2004, at a total cost of 

25 $14,450,000. The costs of construction of the 


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

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

3 amounts appropriated from the Inland Waterways 

4 Trust Fund. 

5 (38) LOWER COLORADO RIVER BASIN PHASE I, 

6 TEXAS.—The project for flood damage reduction and 

7 environmental restoration, Lower Colorado River 

8 Basin Phase I, Texas, Report of the Chief of Engi9 neers dated December 31, 2006, at a total cost of 

10 $110,730,000, with an estimated Federal cost of 

11 $69,640,000 and an estimated non-Federal cost of 

12 $41,090,000. 

13 (39) ATLANTIC INTRACOASTAL WATERWAY

14 BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE, 

15 VIRGINIA.—The project for Atlantic Intracoastal 

16 Waterway Bridge Replacement, Deep Creek, Chesa17 peake, Virginia: Report of the Chief of Engineers 

18 dated March 3, 2003, at a total cost of $37,200,000. 

19 (40) CRANEY ISLAND EASTWARD EXPANSION, 

20 NORFOLK HARBOR AND CHANNELS, VIRGINIA.—The 

21 project for navigation, Craney Island Eastward Ex22 pansion, Norfolk Harbor and Channels, Virginia: 

23 Report of Chief of Engineers dated October 24, 

24 2006, at a total cost of $712,103,000, with an estiVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 mated Federal cost of $31,229,000 and an esti2 mated non-Federal cost of $680,874,000. 

3 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC4 TION. 

5 (a) IN GENERAL.—The Secretary shall conduct a 

6 study for each of the following projects and, if the Sec7 retary determines that a project is feasible, may carry out 

8 the project under section 205 of the Flood Control Act 

9 of 1948 (33 U.S.C. 701s): 

10 (1) HALEYVILLE, ALABAMA.—Project for flood 

11 damage reduction, Haleyville, Alabama. 

12 (2) WEISS LAKE, ALABAMA.—Project for flood 

13 damage reduction, Weiss Lake, Alabama. 

14 (3) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— 

15 Project for flood damage reduction, Cache River 

16 Basin, Grubbs, Arkansas. 

17 (4) BARREL SPRINGS WASH, PALMDALE, CALI18 FORNIA.—Project for flood damage reduction, Barrel 

19 Springs Wash, Palmdale, California. 

20 (5) BORREGO SPRINGS, CALIFORNIA.—Project 

21 for flood damage reduction, Borrego Springs, Cali22 fornia. 

23 (6) COLTON, CALIFORNIA.—Project for flood 

24 damage reduction, Colton, California. 


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1 (7) HUNTS CANYON WASH, PALMDALE, CALI2 FORNIA.—Project for flood damage reduction, Hunts 

3 Canyon Wash, Palmdale, California. 

4 (8) ONTARIO AND CHINO, CALIFORNIA.— 

5 Project for flood damage deduction, Ontario and 

6 Chino, California. 

7 (9) SANTA VENETIA, CALIFORNIA.—Project for 

8 flood damage deduction, Santa Venetia, California. 

9 (10) WHITTIER, CALIFORNIA.—Project for flood 

10 damage reduction, Whittier, California. 

11 (11) SALEM, MASSACHUSETTS.—Project for 

12 flood damage reduction, Salem, Massachusetts. 

13 (12) CASS RIVER, MICHIGAN.—Project for flood 

14 damage reduction, Cass River, Vassar and vicinity, 

15 Michigan. 

16 (13) CROW RIVER, ROCKFORD, MINNESOTA.— 

17 Project for flood damage reduction, Crow River, 

18 Rockford, Minnesota. 

19 (14) MARSH CREEK, MINNESOTA.—Project for 

20 flood damage reduction, Marsh Creek, Minnesota. 

21 (15) SOUTH BRANCH OF THE WILD RICE RIVER, 

22 BORUP, MINNESOTA.—Project for flood damage re23 duction, South Branch of the Wild Rice River, 

24 Borup, Minnesota. 


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1 (16) BLACKSNAKE CREEK, ST. JOSEPH, MIS2 SOURI.—Project for flood damage reduction, Black3 snake Creek, St. Joseph, Missouri. 

4 (17) ACID BROOK, POMPTON LAKES, NEW JER5 SEY.—Project for flood damage reduction, Acid 

6 Brook, Pompton Lakes, New Jersey. 

7 (18) CANNISTEO RIVER, ADDISON, NEW

8 YORK.—Project for flood damage reduction, 

9 Cannisteo River, Addison, New York. 

10 (19) COHOCTON RIVER, CAMPBELL, NEW

11 YORK.—Project for flood damage reduction, 

12 Cohocton River, Campbell, New York. 

13 (20) DRY AND OTTER CREEKS, CORTLAND, NEW

14 YORK.—Project for flood damage reduction, Dry and 

15 Otter Creeks, Cortland, New York. 

16 (21) EAST RIVER, SILVER BEACH, NEW YORK

17 CITY, NEW YORK.—Project for flood damage reduc18 tion, East River, Silver Beach, New York City, New 

19 York. 

20 (22) EAST VALLEY CREEK, ANDOVER, NEW

21 YORK.—Project for flood damage reduction, East 

22 Valley Creek, Andover, New York. 

23 (23) SUNNYSIDE BROOK, WESTCHESTER COUN24 TY, NEW YORK.—Project for flood damage reduction, 

25 Sunnyside Brook, Westchester County, New York. 


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1 (24) LITTLE YANKEE RUN, OHIO.—Project for 

2 flood damage reduction, Little Yankee Run, Ohio. 

3 (25) LITTLE NESHAMINY CREEK, WARRENTON, 

4 PENNSYLVANIA.—Project for flood damage reduc5 tion, Little Neshaminy Creek, Warrenton, Pennsyl6 vania. 

7 (26) SOUTHAMPTON CREEK WATERSHED, 

8 SOUTHAMPTON, PENNSYLVANIA.—Project for flood 

9 damage reduction, Southampton Creek watershed, 

10 Southampton, Pennsylvania. 

11 (27) SPRING CREEK, LOWER MACUNGIE TOWN12 SHIP, PENNSYLVANIA.—Project for flood damage re13 duction, Spring Creek, Lower Macungie Township, 

14 Pennsylvania. 

15 (28) YARDLEY AQUEDUCT, SILVER AND BROCK

16 CREEKS, YARDLEY, PENNSYLVANIA.—Project for 

17 flood damage reduction, Yardley Aqueduct, Silver 

18 and Brock Creeks, Yardley, Pennsylvania. 

19 (29) SURFSIDE BEACH, SOUTH CAROLINA.— 

20 Project for flood damage reduction, Surfside Beach 

21 and vicinity, South Carolina. 

22 (30) CONGELOSI DITCH, MISSOURI CITY, 

23 TEXAS.—Project for flood damage reduction, 

24 Congelosi Ditch, Missouri City, Texas. 


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1 (31) DILLEY, TEXAS.—Project for flood dam2 age reduction, Dilley, Texas. 

3 (b) SPECIAL RULES.— 

4 (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— 

5 The Secretary may proceed with the project for the 

6 Cache River Basin, Grubbs, Arkansas, referred to in 

7 subsection (a), notwithstanding that the project is 

8 located within the boundaries of the flood control 

9 project, Cache River Basin, Arkansas and Missouri, 

10 authorized by section 204 of the Flood Control Act 

11 of 1950, (64 Stat. 172) and modified by section 99 

12 of the Water Resources Development Act of 1974 

13 (88 Stat. 41). 

14 (2) ONTARIO AND CHINO, CALIFORNIA.—The 

15 Secretary shall carry out the project for flood dam16 age reduction, Ontario and Chino, California, re17 ferred to in subsection (a) if the Secretary deter18 mines that the project is feasible. 

19 (3) SANTA VENETIA, CALIFORNIA.—The Sec20 retary shall carry out the project for flood damage 

21 reduction, Santa Venetia, California, referred to in 

22 subsection (a) if the Secretary determines that the 

23 project is feasible and shall allow the non-Federal in24 terest to participate in the financing of the project 

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1 sources Development Act of 1986 (100 Stat. 4184) 

2 to the extent that the Secretary’s evaluation indi3 cates that applying such section is necessary to im4 plement the project. 

5 (4) WHITTIER, CALIFORNIA.—The Secretary 

6 shall carry out the project for flood damage reduc7 tion, Whittier, California, referred to in subsection 

8 (a) if the Secretary determines that the project is 

9 feasible. 

10 (5) SOUTH BRANCH OF THE WILD RICE RIVER, 

11 BORUP, MINNESOTA.—In carrying out the project for 

12 flood damage reduction, South Branch of the Wild 

13 Rice River, Borup, Minnesota, referred to in sub14 section (a) the Secretary may consider national eco15 system restoration benefits in determining the Fed16 eral interest in the project and shall allow the non17 Federal interest to participate in the financing of 

18 the project in accordance with section 903(c) of the 

19 Water Resources Development Act of 1986 (100 

20 Stat. 4184) to the extent that the Secretary’s eval21 uation indicates that applying such section is nec22 essary to implement the project. 

23 (6) ACID BROOK, POMPTON LAKES, NEW JER24 SEY.—The Secretary shall carry out the project for 

25 flood damage reduction, Acid Brook, Pompton 


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1 Lakes, New Jersey, referred to in subsection (a) if 

2 the Secretary determines that the project is feasible. 

3 (7) DILLEY, TEXAS.—The Secretary shall carry 

4 out the project for flood damage reduction, Dilley, 

5 Texas, referred to in subsection (a) if the Secretary 

6 determines that the project is feasible. 

7 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

8 STREAMBANK PROTECTION. 

9 The Secretary shall conduct a study for each of the 

10 following projects and, if the Secretary determines that 

11 a project is feasible, may carry out the project under sec12 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 

13 701r): 

14 (1) ST. JOHNS BLUFF TRAINING WALL, DUVAL

15 COUNTY, FLORIDA.—Project for emergency 

16 streambank protection, St. Johns Bluff Training 

17 Wall, Duval County, Florida. 

18 (2) OUACHITA AND BLACK RIVERS, ARKANSAS

19 AND LOUISIANA.—Projects for emergency 

20 streambank protection, Ouachita and Black Rivers, 

21 Arkansas and Louisiana. 

22 (3) PINEY POINT LIGHTHOUSE, ST. MARY’S

23 COUNTY, MARYLAND.—Project for emergency 

24 streambank protection, Piney Point Lighthouse, St. 

25 Mary’s County, Maryland. 


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1 (4) PUG HOLE LAKE, MINNESOTA.—Project for 

2 emergency streambank protection, Pug Hole Lake, 

3 Minnesota. 

4 (5) MIDDLE FORK GRAND RIVER, GENTRY

5 COUNTY, MISSOURI.—Project for emergency 

6 streambank protection, Middle Fork Grand River, 

7 Gentry County, Missouri. 

8 (6) PLATTE RIVER, PLATTE CITY, MISSOURI.— 

9 Project for emergency streambank protection, Platte 

10 River, Platte City, Missouri. 

11 (7) RUSH CREEK, PARKVILLE, MISSOURI.— 

12 Project for emergency streambank protection, Rush 

13 Creek, Parkville, Missouri, including measures to ad14 dress degradation of the creek bed. 

15 (8) DRY AND OTTER CREEKS, CORTLAND COUN16 TY, NEW YORK.—Project for emergency streambank 

17 protection, Dry and Otter Creeks, Cortland County, 

18 New York. 

19 (9) KEUKA LAKE, HAMMONDSPORT, NEW

20 YORK.—Project for emergency streambank protec21 tion, Keuka Lake, Hammondsport, New York. 

22 (10) KOWAWESE UNIQUE AREA AND HUDSON

23 RIVER, NEW WINDSOR, NEW YORK.—Project for 

24 emergency streambank protection, Kowawese Unique 

25 Area and Hudson River, New Windsor, New York. 


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1 (11) OWEGO CREEK, TIOGA COUNTY, NEW

2 YORK.—Project for emergency streambank protec3 tion, Owego Creek, Tioga County, New York. 

4 (12) HOWARD ROAD OUTFALL, SHELBY COUN5 TY, TENNESSEE.—Project for emergency 

6 streambank protection, Howard Road outfall, Shelby 

7 County, Tennessee. 

8 (13) MITCH FARM DITCH AND LATERAL D, 

9 SHELBY COUNTY, TENNESSEE.—Project for emer10 gency streambank protection, Mitch Farm Ditch and 

11 Lateral D, Shelby County, Tennessee. 

12 (14) WOLF RIVER TRIBUTARIES, SHELBY COUN13 TY, TENNESSEE.—Project for emergency 

14 streambank protection, Wolf River tributaries, Shel15 by County, Tennessee. 

16 (15) JOHNSON CREEK, ARLINGTON, TEXAS.— 

17 Project for emergency streambank protection, John18 son Creek, Arlington, Texas. 

19 (16) WELLS RIVER, NEWBURY, VERMONT.— 

20 Project for emergency streambank protection, Wells 

21 River, Newbury, Vermont. 

22 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

23 (a) IN GENERAL.—The Secretary shall conduct a 

24 study for each of the following projects and, if the Sec25 retary determines that a project is feasible, may carry out 


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1 the project under section 107 of the River and Harbor 

2 Act of 1960 (33 U.S.C. 577): 

3 (1) MISSISSIPPI RIVER SHIP CHANNEL, LOU4 ISIANA.—Project for navigation, Mississippi River 

5 Ship Channel, Louisiana. 

6 (2) EAST BASIN, CAPE COD CANAL, SANDWICH, 

7 MASSACHUSETTS.—Project for navigation, East 

8 Basin, Cape Cod Canal, Sandwich, Massachusetts. 

9 (3) LYNN HARBOR, LYNN, MASSACHUSETTS.— 

10 Project for navigation, Lynn Harbor, Lynn, Massa11 chusetts. 

12 (4) MERRIMACK RIVER, HAVERHILL, MASSA13 CHUSETTS.—Project for navigation, Merrimack 

14 River, Haverhill, Massachusetts. 

15 (5) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA16 CHUSETTS.—Project for navigation, Oak Bluffs 

17 Harbor, Oak Bluffs, Massachusetts. 

18 (6) WOODS HOLE GREAT HARBOR, FALMOUTH, 

19 MASSACHUSETTS.—Project for navigation, Woods 

20 Hole Great Harbor, Falmouth, Massachusetts. 

21 (7) AU SABLE RIVER, MICHIGAN.—Project for 

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

23 Michigan. 


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1 (8) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

2 MICHIGAN.—Project for navigation, Traverse City 

3 Harbor, Traverse City, Michigan. 

4 (9) TOWER HARBOR, TOWER, MINNESOTA.— 

5 Project for navigation, Tower Harbor, Tower, Min6 nesota. 

7 (10) OLCOTT HARBOR, OLCOTT, NEW YORK.— 

8 Project for navigation, Olcott Harbor, Olcott, New 

9 York. 

10 (b) SPECIAL RULES.— 

11 (1) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

12 MICHIGAN.—The Secretary shall review the locally 

13 prepared plan for the project for navigation, Tra14 verse City Harbor, Michigan, referred to in sub15 section (a), and, if the Secretary determines that the 

16 plan meets the evaluation and design standards of 

17 the Corps of Engineers and that the plan is feasible, 

18 the Secretary may use the plan to carry out the 

19 project and shall provide credit toward the non-Fed20 eral share of the cost of the project for the cost of 

21 work carried out by the non-Federal interest before 

22 the date of the partnership agreement for the 

23 project if the Secretary determines that the work is 

24 integral to the project. 


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1 (2) TOWER HARBOR, TOWER MINNESOTA.—The 

2 Secretary shall carry out the project for navigation, 

3 Tower Harbor, Tower, Minnesota, referred to in 

4 subsection (a) if the Secretary determines that the 

5 project is feasible. 

6 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

7 QUALITY OF THE ENVIRONMENT. 

8 The Secretary shall conduct a study for each of the 

9 following projects and, if the Secretary determines that 

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

11 section 1135 of the Water Resources Development Act of 

12 1986 (33 U.S.C. 2309a): 

13 (1) BALLONA CREEK, LOS ANGELES COUNTY, 

14 CALIFORNIA.—Project for improvement of the qual15 ity of the environment, Ballona Creek, Los Angeles 

16 County, California. 

17 (2) BALLONA LAGOON TIDE GATES, MARINA

18 DEL REY, CALIFORNIA.—Project for improvement of 

19 the quality of the environment, Ballona Lagoon Tide 

20 Gates, Marina Del Rey, California. 

21 (3) FT. GEORGE INLET, DUVAL COUNTY, FLOR22 IDA.—Project for improvement of the quality of the 

23 environment, Ft. George Inlet, Duval County, Flor24 ida. 


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1 (4) RATHBUN LAKE, IOWA.—Project for im2 provement of the quality of the environment, 

3 Rathbun Lake, Iowa. 

4 (5) SMITHVILLE LAKE, MISSOURI.—Project for 

5 improvement of the quality of the environment, 

6 Smithville Lake, Missouri. 

7 (6) DELAWARE BAY, NEW JERSEY AND DELA8 WARE.—Project for improvement of the quality of 

9 the environment, Delaware Bay, New Jersey and 

10 Delaware, for the purpose of oyster restoration. 

11 (7) TIOGA-HAMMOND LAKES, PENNSYLVANIA.— 

12 Project for improvement of the quality of the envi13 ronment, Tioga-Hammond Lakes, Pennsylvania. 

14 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

15 RESTORATION. 

16 (a) IN GENERAL.—The Secretary shall conduct a 

17 study for each of the following projects and, if the Sec18 retary determines that a project is appropriate, may carry 

19 out the project under section 206 of the Water Resources 

20 Development Act of 1996 (33 U.S.C. 2330): 

21 (1) CYPRESS CREEK, MONTGOMERY, ALA22 BAMA.—Project for aquatic ecosystem restoration, 

23 Cypress Creek, Montgomery, Alabama. 


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1 (2) BLACK LAKE, ALASKA.—Project for aquatic 

2 ecosystem restoration, Black Lake, Alaska, at the 

3 head of the Chignik watershed. 

4 (3) BEN LOMOND DAM, SANTA CRUZ, CALI5 FORNIA.—Project for aquatic ecosystem restoration, 

6 Ben Lomond Dam, Santa Cruz, California. 

7 (4) DOCKWEILER BLUFFS, LOS ANGELES COUN8 TY, CALIFORNIA.—Project for aquatic ecosystem res9 toration, Dockweiler Bluffs, Los Angeles County, 

10 California. 

11 (5) SALT RIVER, CALIFORNIA.—Project for 

12 aquatic ecosystem restoration, Salt River, California. 

13 (6) SANTA ROSA CREEK, SANTA ROSA, CALI14 FORNIA.—Project for aquatic ecosystem restoration, 

15 Santa Rosa Creek in the vicinity of the Prince Me16 morial Greenway, Santa Rosa, California. 

17 (7) STOCKTON DEEP WATER SHIP CHANNEL

18 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.— 

19 Project for aquatic ecosystem restoration, Stockton 

20 Deep Water Ship Channel and lower San Joaquin 

21 River, California. 

22 (8) SWEETWATER RESERVOIR, SAN DIEGO

23 COUNTY, CALIFORNIA.—Project for aquatic eco24 system restoration, Sweetwater Reservoir, San Diego 


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1 County, California, including efforts to address 

2 aquatic nuisance species. 

3 (9) CLAM BAYOU AND DINKINS BAYOU, 

4 SANIBEL ISLAND, FLORIDA.—Project for aquatic 

5 ecosystem restoration, Clam Bayou and Dinkins 

6 Bayou, Sanibel Island, Florida. 

7 (10) CHATTAHOOCHEE FALL LINE, GEORGIA

8 AND ALABAMA.—Project for aquatic ecosystem res9 toration, Chattahoochee Fall Line, Georgia and Ala10 bama. 

11 (11) LONGWOOD COVE, GAINESVILLE, GEOR12 GIA.—Project for aquatic ecosystem restoration, 

13 Longwood Cove, Gainesville, Georgia. 

14 (12) CITY PARK, UNIVERSITY LAKES, LOU15 ISIANA.—Project for aquatic ecosystem restoration, 

16 City Park, University Lakes, Louisiana. 

17 (13) MILL POND, LITTLETON, MASSACHU18 SETTS.—Project for aquatic ecosystem restoration, 

19 Mill Pond, Littleton, Massachusetts. 

20 (14) PINE TREE BROOK, MILTON, MASSACHU21 SETTS.—Project for aquatic ecosystem restoration, 

22 Pine Tree Brook, Milton, Massachusetts. 

23 (15) RUSH LAKE, MINNESOTA.—Project for 

24 aquatic ecosystem restoration, Rush Lake, Min25 nesota. 


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1 (16) SOUTH FORK OF THE CROW RIVER, 

2 HUTCHINSON, MINNESOTA.—Project for aquatic eco3 system restoration, South Fork of the Crow River, 

4 Hutchinson, Minnesota. 

5 (17) ST. LOUIS, MISSOURI.—Project for aquatic 

6 ecosystem restoration, St. Louis, Missouri. 

7 (18) TRUCKEE RIVER, RENO, NEVADA.—Project 

8 for aquatic ecosystem restoration, Truckee River, 

9 Reno, Nevada, including features for fish passage 

10 for Washoe County. 

11 (19) GROVER’S MILL POND, NEW JERSEY.— 

12 Project for aquatic ecosystem restoration, Grover’s 

13 Mill Pond, New Jersey. 

14 (20) DUGWAY CREEK, BRATENAHL, OHIO.— 

15 Project for aquatic ecosystem restoration, Dugway 

16 Creek, Bratenahl, Ohio. 

17 (21) JOHNSON CREEK, GRESHAM, OREGON.— 

18 Project for aquatic ecosystem restoration, Johnson 

19 Creek, Gresham, Oregon. 

20 (22) BEAVER CREEK, BEAVER AND SALEM, 

21 PENNSYLVANIA.—Project for aquatic ecosystem res22 toration, Beaver Creek, Beaver and Salem, Pennsyl23 vania. 


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1 (23) CEMENTON DAM, LEHIGH RIVER, PENN2 SYLVANIA.—Project for aquatic ecosystem restora3 tion, Cementon Dam, Lehigh River, Pennsylvania. 

4 (24) SAUCON CREEK, NORTHAMPTON COUNTY, 

5 PENNSYLVANIA.—Project for aquatic ecosystem res6 toration, Saucon Creek, Northampton County, Penn7 sylvania. 

8 (25) BLACKSTONE RIVER, RHODE ISLAND.— 

9 Project for aquatic ecosystem restoration, Black10 stone River, Rhode Island. 

11 (26) WILSON BRANCH, CHERAW, SOUTH CARO12 LINA.—Project for aquatic ecosystem restoration, 

13 Wilson Branch, Cheraw, South Carolina. 

14 (27) WHITE RIVER, BETHEL, VERMONT.— 

15 Project for aquatic ecosystem restoration, White 

16 River, Bethel, Vermont. 

17 (b) SPECIAL RULE.—The Secretary shall carry out 

18 the project for aquatic ecosystem restoration, Black Lake, 

19 Alaska referred to in subsection (a) if the Secretary deter20 mines that the project is feasible. 

21 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC22 TION. 

23 The Secretary shall conduct a study for each of the 

24 following projects and, if the Secretary determines that 

25 a project is feasible, may carry out the project under secVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 tion 3 of the Act entitled ‘‘An Act authorizing Federal 

2 participation in the cost of protecting the shores of pub3 licly owned property’’, approved August 13, 1946 (33 

4 U.S.C. 426g): 

5 (1) NELSON LAGOON, ALASKA.—Project for 

6 shoreline protection, Nelson Lagoon, Alaska. 

7 (2) SANIBEL ISLAND, FLORIDA.—Project for 

8 shoreline protection, Sanibel Island, Florida. 

9 (3) APRA HARBOR, GUAM.—Project for shore10 line protection, Apra Harbor, Guam. 

11 (4) PITI, CABRAS ISLAND, GUAM.—Project for 

12 shoreline protection, Piti, Cabras Island, Guam. 

13 (5) NARROWS AND GRAVESEND BAY, UPPER

14 NEW YORK BAY, BROOKLYN, NEW YORK.—Project 

15 for shoreline protection in the vicinity of the con16 fluence of the Narrows and Gravesend Bay, Upper 

17 New York Bay, Shore Parkway Greenway, Brooklyn, 

18 New York. 

19 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

20 SHIPYARD, PENNSYLVANIA.—Project for shoreline 

21 protection, Delaware River in the vicinity of the 

22 Philadelphia Naval Shipyard, Pennsylvania. 

23 (7) PORT ARANSAS, TEXAS.—Project for shore24 line protection, Port Aransas, Texas. 


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1 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI2 MENT REMOVAL. 

3 The Secretary shall conduct a study for the following 

4 project and, if the Secretary determines that the project 

5 is feasible, the Secretary may carry out the project under 

6 section 2 of the Flood Control Act of August 28, 1937 

7 (33 U.S.C. 701g): Project for removal of snags and clear8 ing and straightening of channels for flood control, 

9 Kowawese Unique Area and Hudson River, New Windsor, 

10 New York. 

11 TITLE II—GENERAL PROVISIONS 

12 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

13 Section 103 of the Water Resources Development Act 

14 of 1986 (33 U.S.C. 2213) is amended by adding at the 

15 end the following: 

16 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 

17 ‘‘(1) PROHIBITION ON SOLICITATION OF EX18 CESS CONTRIBUTIONS.—The Secretary may not— 

19 ‘‘(A) solicit contributions from non-Federal 

20 interests for costs of constructing authorized 

21 water resources projects or measures in excess 

22 of the non-Federal share assigned to the appro23 priate project purposes listed in subsections (a), 

24 (b), and (c); or 


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1 ‘‘(B) condition Federal participation in 

2 such projects or measures on the receipt of 

3 such contributions. 

4 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC5 TION.—Nothing in this subsection shall be construed 

6 to affect the Secretary’s authority under section 

7 903(c).’’. 

8 SEC. 2002. HARBOR COST SHARING. 

9 (a) PAYMENTS DURING CONSTRUCTION.—Section 

10 101(a)(1) of the Water Resources Development Act of 

11 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended 

12 in each of subparagraphs (B) and (C) by striking ‘‘45 

13 feet’’ and inserting ‘‘53 feet’’. 

14 (b) OPERATION AND MAINTENANCE.—Section 

15 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

16 by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 

17 (c) DEFINITIONS.—Section 214 of such Act (33 

18 U.S.C. 2241; 100 Stat. 4108) is amended in each of para19 graphs (1) and (3) by striking ‘‘45 feet’’ and inserting 

20 ‘‘53 feet’’. 

21 (d) APPLICABILITY.—The amendments made by sub22 sections (a), (b), and (c) shall apply only to a project, or 

23 separable element of a project, on which a contract for 

24 physical construction has not been awarded before October 

25 1, 2003. 


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1 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

2 Secretary shall revise any partnership agreement entered 

3 into after October 1, 2003, for any project to which the 

4 amendments made by subsections (a), (b), and (c) apply 

5 to take into account the change in non-Federal participa6 tion in the project as a result of such amendments. 

7 SEC. 2003. FUNDING TO PROCESS PERMITS. 

8 Section 214(c) of the Water Resources Development 

9 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 

10 Stat. 1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 

11 3197) is amended by striking ‘‘2007’’ and inserting 

12 ‘‘2010’’. 

13 SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE14 VELOPMENT AND DEMONSTRATION PRO15 GRAM. 

16 (a) EXTENSION OF PROGRAM.—Section 5(a) of the 

17 Act entitled ‘‘An Act authorizing Federal participation in 

18 the cost of protecting the shores of publicly owned prop19 erty’’, approved August 13, 1946 (33 U.S.C. 426h(a)), is 

20 amended by striking ‘‘7 years’’ and inserting ‘‘10 years’’. 

21 (b) EXTENSION OF PLANNING, DESIGN, AND CON22 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 

23 U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’ 

24 and inserting ‘‘6 years’’. 


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1 (c) COST SHARING; REMOVAL OF PROJECTS.—Sec2 tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended— 

3 (1) by redesignating paragraphs (3) and (4) as 

4 paragraphs (5) and (6), respectively; and 

5 (2) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) COST SHARING.—The Secretary may enter 

8 into a cost sharing agreement with a non-Federal in9 terest to carry out a project, or a phase of a project, 

10 under the erosion control program in cooperation 

11 with the non-Federal interest. 

12 ‘‘(4) REMOVAL OF PROJECTS.—The Secretary 

13 may pay all or a portion of the costs of removing a 

14 project, or an element of a project, constructed 

15 under the erosion control program if the Secretary 

16 determines during the term of the program that the 

17 project or element is detrimental to the environment, 

18 private property, or public safety.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended 

21 by striking ‘‘$25,000,000’’ and inserting ‘‘$31,000,000’’. 

22 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

23 PROTECTION PROJECTS. 

24 Section 3 of the Act entitled ‘‘An Act authorizing 

25 Federal participation in the cost of protecting the shores 


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1 of publicly owned property’’, approved August 13, 1946 

2 (33 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ 

3 and inserting ‘‘$5,000,000’’. 

4 SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. 

5 Section 206(e) of the Water Resources Development 

6 Act of 1996 (33 U.S.C. 2330) is amended by striking 

7 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 

8 SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

9 Section 205 of the Flood Control Act of 1948 (33 

10 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and 

11 inserting ‘‘$60,000,000’’. 

12 SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVE13 MENT OF THE QUALITY OF THE ENVIRON14 MENT. 

15 Section 1135(h) of the Water Resources Development 

16 Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking 

17 ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 

18 SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES 

19 PROJECTS. 

20 (a) IN GENERAL.—Section 221 of the Flood Control 

21 Act of 1970 (42 U.S.C. 1962d–5b) is amended— 

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

23 following: 


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1 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

2 WATER RESOURCES PROJECTS.’’; 

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

4 following: 

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

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

7 the construction of any water resources project, or 

8 an acceptable separable element thereof, by the Sec9 retary of the Army, acting through the Chief of En10 gineers, or by a non-Federal interest where such in11 terest will be reimbursed for such construction under 

12 any provision of law, shall not be commenced until 

13 each non-Federal interest has entered into a written 

14 partnership agreement with the Secretary (or, where 

15 appropriate, the district engineer for the district in 

16 which the project will be carried out) under which 

17 each party agrees to carry out its responsibilities 

18 and requirements for implementation or construction 

19 of the project or the appropriate element of the 

20 project, as the case may be; except that no such 

21 agreement shall be required if the Secretary deter22 mines that the administrative costs associated with 

23 negotiating, executing, or administering the agree24 ment would exceed the amount of the contribution 

25 required from the non-Federal interest and are less 

26 than $25,000. 


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1 ‘‘(2) LIQUIDATED DAMAGES.—A partnership 

2 agreement described in paragraph (1) may include a 

3 provision for liquidated damages in the event of a 

4 failure of one or more parties to perform. 

5 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA6 TIONS.—In any partnership agreement described in 

7 paragraph (1) and entered into by a State, or a body 

8 politic of the State which derives its powers from the 

9 State constitution, or a governmental entity created 

10 by the State legislature, the agreement may reflect 

11 that it does not obligate future appropriations for 

12 such performance and payment when obligating fu13 ture appropriations would be inconsistent with con14 stitutional or statutory limitations of the State or a 

15 political subdivision of the State. 

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

17 ‘‘(A) IN GENERAL.—A partnership agree18 ment described in paragraph (1) may provide 

19 with respect to a project that the Secretary 

20 shall credit toward the non-Federal share of the 

21 cost of the project, including a project imple22 mented without specific authorization in law, 

23 the value of in-kind contributions made by the 

24 non-Federal interest, including— 


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

2 data collection), design, management, miti3 gation, construction, and construction serv4 ices that are provided by the non-Federal 

5 interest for implementation of the project; 

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

7 provided before execution of the partner8 ship agreement, including efforts on con9 structed elements incorporated into the 

10 project; and 

11 ‘‘(iii) the value of materials and serv12 ices provided after execution of the part13 nership agreement. 

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

15 credit an in-kind contribution under subpara16 graph (A) if the Secretary determines that the 

17 property or service provided as an in-kind con18 tribution is integral to the project. 

19 ‘‘(C) WORK PERFORMED BEFORE PART20 NERSHIP AGREEMENT.—In any case in which 

21 the non-Federal interest is to receive credit 

22 under subparagraph (A)(ii) for the cost of work 

23 carried out by the non-Federal interest and 

24 such work has not been carried out as of the 

25 date of enactment of this subparagraph, the 


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1 Secretary and the non-Federal interest shall 

2 enter into an agreement under which the non3 Federal interest shall carry out such work, and 

4 only work carried out following the execution of 

5 the agreement shall be eligible for credit. 

6 ‘‘(D) LIMITATIONS.—Credit authorized 

7 under this paragraph for a project— 

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

9 share of the cost of the project; 

10 ‘‘(ii) shall not alter any other require11 ment that a non-Federal interest provide 

12 lands, easements or rights-of-way, or areas 

13 for disposal of dredged material for the 

14 project; 

15 ‘‘(iii) shall not alter any requirement 

16 that a non-Federal interest pay a portion 

17 of the costs of construction of the project 

18 under sections 101 and 103 of the Water 

19 Resources Development Act of 1986 (33 

20 U.S.C. 2211; 33 U.S.C. 2213); and 

21 ‘‘(iv) shall not exceed the actual and 

22 reasonable costs of the materials, services, 

23 or other things provided by the non-Fed24 eral interest, as determined by the Sec25 retary. 


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1 ‘‘(E) APPLICABILITY.— 

2 ‘‘(i) IN GENERAL.—This paragraph 

3 shall apply to water resources projects au4 thorized after November 16, 1986, includ5 ing projects initiated after November 16, 

6 1986, without specific authorization in law. 

7 ‘‘(ii) LIMITATION.—In any case in 

8 which a specific provision of law provides 

9 for a non-Federal interest to receive credit 

10 toward the non-Federal share of the cost 

11 of a study for, or construction or operation 

12 and maintenance of, a water resources 

13 project, the specific provision of law shall 

14 apply instead of this paragraph.’’. 

15 (b) NON-FEDERAL INTEREST.—Section 221(b) of 

16 such Act is amended to read as follows: 

17 ‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.— 

18 The term ‘non-Federal interest’ means a legally con19 stituted public body (including a federally recognized In20 dian tribe), and a nonprofit entity with the consent of the 

21 affected local government, that has full authority and ca22 pability to perform the terms of its agreement and to pay 

23 damages, if necessary, in the event of failure to perform.’’. 

24 (c) PROGRAM ADMINISTRATION.—Section 221 of 

25 such Act is further amended— 


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1 (1) by redesignating subsection (e) as sub2 section (h); and 

3 (2) by inserting after subsection (d) the fol4 lowing: 

5 ‘‘(e) DELEGATION OF AUTHORITY.—Not later than 

6 September 30, 2008, the Secretary shall issue policies and 

7 guidelines for partnership agreements that delegate to the 

8 district engineers, at a minimum— 

9 ‘‘(1) the authority to approve any policy in a 

10 partnership agreement that has appeared in an 

11 agreement previously approved by the Secretary; 

12 ‘‘(2) the authority to approve any policy in a 

13 partnership agreement the specific terms of which 

14 are dictated by law or by a final feasibility study, 

15 final environmental impact statement, or other final 

16 decision document for a water resources project; 

17 ‘‘(3) the authority to approve any partnership 

18 agreement that complies with the policies and guide19 lines issued by the Secretary; and 

20 ‘‘(4) the authority to sign any partnership 

21 agreement for any water resources project unless, 

22 within 30 days of the date of authorization of the 

23 project, the Secretary notifies the district engineer in 

24 which the project will be carried out that the SecVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 retary wishes to retain the prerogative to sign the 

2 partnership agreement for that project. 

3 ‘‘(f) REPORT TO CONGRESS.—Not later than 2 years 

4 after the date of enactment of this subsection, and every 

5 year thereafter, the Secretary shall submit to Congress a 

6 report detailing the following: 

7 ‘‘(1) The number of partnership agreements 

8 signed by district engineers and the number of part9 nership agreements signed by the Secretary. 

10 ‘‘(2) For any partnership agreement signed by 

11 the Secretary, an explanation of why delegation to 

12 the district engineer was not appropriate. 

13 ‘‘(g) PUBLIC AVAILABILITY.—Not later than 120 

14 days after the date of enactment of this subsection, the 

15 Chief of Engineers shall— 

16 ‘‘(1) ensure that each district engineer has 

17 made available to the public, including on the Inter18 net, all partnership agreements entered into under 

19 this section within the preceding 10 years and all 

20 partnership agreements for water resources projects 

21 currently being carried out in that district; and 

22 ‘‘(2) make each partnership agreement entered 

23 into after such date of enactment available to the 

24 public, including on the Internet, not later than 7 


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1 days after the date on which such agreement is en2 tered into.’’. 

3 (d) LOCAL COOPERATION.—Section 912(b) of the 

4 Water Resources Development Act of 1986 (101 Stat. 

5 4190) is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘shall’’ the first place it 

8 appears and inserting ‘‘may’’; and 

9 (B) by striking the last sentence; and 

10 (2) in paragraph (4)— 

11 (A) by inserting after ‘‘injunction, for’’ the 

12 following: ‘‘payment of damages or, for’’; 

13 (B) by striking ‘‘to collect a civil penalty 

14 imposed under this section,’’; and 

15 (C) by striking ‘‘any civil penalty imposed 

16 under this section,’’ and inserting ‘‘any dam17 ages,’’. 

18 (e) APPLICABILITY.—The amendments made by sub19 sections (a), (b), and (d) only apply to partnership agree20 ments entered into after the date of enactment of this Act; 

21 except that, at the request of a non-Federal interest for 

22 a project, the district engineer for the district in which 

23 the project is located may amend a project partnership 

24 agreement entered into on or before such date and under 

25 which construction on the project has not been initiated 


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1 as of such date of enactment for the purpose of incor2 porating such amendments. 

3 (f) PARTNERSHIP AND COOPERATIVE ARRANGE4 MENTS; REFERENCES.— 

5 (1) IN GENERAL.—A goal of agreements en6 tered into under section 221 of the Flood Control 

7 Act of 1970 (42 U.S.C. 1962d–5b) shall be to fur8 ther partnership and cooperative arrangements, and 

9 the agreements shall be referred to as ‘‘partnership 

10 agreements’’. 

11 (2) REFERENCES TO COOPERATION AGREE12 MENTS.—Any reference in a law, regulation, docu13 ment, or other paper of the United States to a ‘‘co14 operation agreement’’ or ‘‘project cooperation agree15 ment’’ shall be deemed to be a reference to a ‘‘part16 nership agreement’’ or a ‘‘project partnership agree17 ment’’, respectively. 

18 (3) REFERENCES TO PARTNERSHIP AGREE19 MENTS.—Any reference to a ‘‘partnership agree20 ment’’ or ‘‘project partnership agreement’’ in this 

21 Act (other than this section) shall be deemed to be 

22 a reference to a ‘‘cooperation agreement’’ or a 

23 ‘‘project cooperation agreement’’, respectively. 


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1 SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, 

2 AND REUSE. 

3 (a) IN GENERAL.—The Secretary may provide to 

4 State and local governments assessment, planning, and 

5 design assistance for remediation, environmental restora6 tion, or reuse of areas located within the boundaries of 

7 such State or local governments where such remediation, 

8 environmental restoration, or reuse will contribute to the 

9 improvement of water quality or the conservation of water 

10 and related resources of drainage basins and watersheds 

11 within the United States. 

12 (b) NON-FEDERAL SHARE.—The non-Federal share 

13 of the cost of assistance provided under subsection (a) 

14 shall be 50 percent. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for each of fiscal years 2008 through 2012. 

18 SEC. 2011. COMPILATION OF LAWS. 

19 (a) COMPILATION OF LAWS ENACTED AFTER NO20 VEMBER 8, 1966.—Not later than one year after the date 

21 of enactment of this Act, the Secretary and the Chief of 

22 Engineers shall prepare a compilation of the laws of the 

23 United States relating to the improvement of rivers and 

24 harbors, flood damage reduction, beach and shoreline ero25 sion, hurricane and storm damage reduction, ecosystem 

26 and environmental restoration, and other water resources 


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1 development enacted after November 8, 1966, and before 

2 January 1, 2008, and have such compilation printed for 

3 the use of the Department of the Army, Congress, and 

4 the general public. 

5 (b) REPRINT OF LAWS ENACTED BEFORE NOVEM6 BER 8, 1966.—The Secretary shall have the volumes con7 taining the laws referred to in subsection (a) enacted be8 fore November 8, 1966, reprinted. 

9 (c) INDEX.—The Secretary shall include an index in 

10 each volume compiled, and each volume reprinted, pursu11 ant to this section. 

12 (d) CONGRESSIONAL COPIES.—Not later than De13 cember 1, 2008, the Secretary shall transmit at least 25 

14 copies of each volume compiled, and of each volume re15 printed, pursuant to this section to each of the Committee 

16 on Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Environment and 

18 Public Works of the Senate. 

19 (e) AVAILABILITY.—The Secretary shall ensure that 

20 each volume compiled, and each volume reprinted, pursu21 ant to this section are available through electronic means, 

22 including the Internet. 

23 SEC. 2012. DREDGED MATERIAL DISPOSAL. 

24 Section 217 of the Water Resources Development Act 

25 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 a partnership agreement under section 221 of 

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

9 5b) with one or more non-Federal interests with re10 spect to a water resources project, or group of water 

11 resources projects within a geographic region, if ap12 propriate, for the acquisition, design, construction, 

13 management, or operation of a dredged material 

14 processing, treatment, contaminant reduction, or 

15 disposal facility (including any facility used to dem16 onstrate potential beneficial uses of dredged mate17 rial, which may include effective sediment contami18 nant reduction technologies) using funds provided in 

19 whole or in part by the Federal Government. 

20 ‘‘(2) PERFORMANCE.—One or more of the par21 ties to a partnership agreement under this sub22 section may perform the acquisition, design, con23 struction, management, or operation of a dredged 

24 material processing, treatment, contaminant reduc25 tion, or disposal facility. 


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1 ‘‘(3) MULTIPLE PROJECTS.—If a facility to 

2 which this subsection applies serves to manage 

3 dredged material from multiple water resources 

4 projects located in the geographic region of the facil5 ity, the Secretary may combine portions of such 

6 projects with appropriate combined costsharing be7 tween the various projects in a partnership agree8 ment for the facility under this subsection. 

9 ‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES

10 AND COST SHARING.— 

11 ‘‘(A) SPECIFIED FEDERAL FUNDING.—A 

12 partnership agreement with respect to a facility 

13 under this subsection shall specify— 

14 ‘‘(i) the Federal funding sources and 

15 combined cost-sharing when applicable to 

16 multiple water resources projects; and 

17 ‘‘(ii) the responsibilities and risks of 

18 each of the parties relating to present and 

19 future dredged material managed by the 

20 facility. 

21 ‘‘(B) MANAGEMENT OF SEDIMENTS.— 

22 ‘‘(i) IN GENERAL.—A partnership 

23 agreement under this subsection may in24 clude the management of sediments from 

25 the maintenance dredging of Federal water 


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1 resources projects that do not have part2 nership agreements. 

3 ‘‘(ii) PAYMENTS.—A partnership 

4 agreement under this subsection may allow 

5 the non-Federal interest to receive reim6 bursable payments from the Federal Gov7 ernment for commitments made by the 

8 non-Federal interest for disposal or place9 ment capacity at dredged material proc10 essing, treatment, contaminant reduction, 

11 or disposal facilities. 

12 ‘‘(C) CREDIT.—A partnership agreement 

13 under this subsection may allow costs incurred 

14 by the non-Federal interest before execution of 

15 the partnership agreement to be credited in ac16 cordance with section 221(a)(4) of the Flood 

17 Control Act of 1970 (42 U.S.C. 1962d– 

18 5b(a)(4)). 

19 ‘‘(5) CREDIT.— 

20 ‘‘(A) EFFECT ON EXISTING AGREE21 MENTS.—Nothing in this subsection supersedes 

22 or modifies an agreement in effect on the date 

23 of enactment of this paragraph between the 

24 Federal Government and any non-Federal inter25 est for the cost-sharing, construction, and operVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 ation and maintenance of a water resources 

2 project. 

3 ‘‘(B) CREDIT FOR FUNDS.—Subject to the 

4 approval of the Secretary and in accordance 

5 with law (including regulations and policies) in 

6 effect on the date of enactment of this para7 graph, a non-Federal interest for a water re8 sources project may receive credit for funds 

9 provided for the acquisition, design, construc10 tion, management, or operation of a dredged 

11 material processing, treatment, contaminant re12 duction, or disposal facility to the extent the fa13 cility is used to manage dredged material from 

14 the project. 

15 ‘‘(C) NON-FEDERAL INTEREST RESPON16 SIBILITIES.—A non-Federal interest entering 

17 into a partnership agreement under this sub18 section for a facility shall— 

19 ‘‘(i) be responsible for providing all 

20 necessary lands, easements, rights-of-way, 

21 and relocations associated with the facility; 

22 and 

23 ‘‘(ii) receive credit toward the non24 Federal share of the cost of the project 


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1 with respect to which the agreement is 

2 being entered into for those items.’’; and 

3 (3) in paragraphs (1) and (2)(A) of subsection 

4 (d) (as redesignated by paragraph (1))— 

5 (A) by inserting ‘‘and maintenance’’ after 

6 ‘‘operation’’ each place it appears; and 

7 (B) by inserting ‘‘processing, treatment, 

8 contaminant reduction, or’’ after ‘‘dredged ma9 terial’’ the first place it appears in each of 

10 those paragraphs. 

11 SEC. 2013. WETLANDS MITIGATION. 

12 In carrying out a water resources project that in13 volves wetlands mitigation and that has impacts that occur 

14 within the same watershed of a mitigation bank, the Sec15 retary, to the maximum extent practicable and where ap16 propriate, shall first consider the use of the mitigation 

17 bank if the bank contains sufficient available credits to 

18 offset the impact and the bank is approved in accordance 

19 with the Federal Guidance for the Establishment, Use and 

20 Operation of Mitigation Banks (60 Fed. Reg. 58605) or 

21 other applicable Federal law (including regulations). 

22 SEC. 2014. MITIGATION FOR FISH AND WILDLIFE LOSSES. 

23 (a) MITIGATION PLAN CONTENTS.—Section 906(d) 

24 of the Water Resources Development Act of 1986 (33 


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1 U.S.C. 2283(d)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(3) CONTENTS.—A mitigation plan shall in4 clude— 

5 ‘‘(A) a description of the physical action to 

6 be undertaken to achieve the mitigation objec7 tives within the watershed in which such losses 

8 occur and, in any case in which mitigation must 

9 take place outside the watershed, a justification 

10 detailing the rationale for undertaking the miti11 gation outside of the watershed; 

12 ‘‘(B) a description of the lands or interests 

13 in lands to be acquired for mitigation and the 

14 basis for a determination that such lands are 

15 available for acquisition; 

16 ‘‘(C) the type, amount, and characteristics 

17 of the habitat being restored; 

18 ‘‘(D) success criteria for mitigation based 

19 on replacement of lost functions and values of 

20 the habitat, including hydrologic and vegetative 

21 characteristics; and 

22 ‘‘(E) a plan for any necessary monitoring 

23 to determine the success of the mitigation, in24 cluding the cost and duration of any monitoring 


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1 and, to the extent practicable, the entities re2 sponsible for any monitoring. 

3 ‘‘(4) RESPONSIBILITY FOR MONITORING.—In 

4 any case in which it is not practicable to identify in 

5 a mitigation plan for a water resources project, the 

6 entity responsible for monitoring at the time of a 

7 final report of the Chief of Engineers or other final 

8 decision document for the project, such entity shall 

9 be identified in the partnership agreement entered 

10 into with the non-Federal interest.’’. 

11 (b) STATUS REPORT.— 

12 (1) IN GENERAL.—Concurrent with the Presi13 dent’s submission to Congress of the President’s re14 quest for appropriations for the Civil Works Pro15 gram for a fiscal year, the Secretary shall submit to 

16 the Committee on Transportation and Infrastructure 

17 of the House of Representatives and the Committee 

18 on Environment and Public Works of the Senate a 

19 report on the status of construction of projects that 

20 require mitigation under section 906 of the Water 

21 Resources Development Act of 1986 (33 U.S.C. 

22 2283; 100 Stat. 4186) and the status of such miti23 gation. 

24 (2) PROJECTS INCLUDED.—The status report 

25 shall include the status of all projects that are under 


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1 construction, all projects for which the President re2 quests funding for the next fiscal year, and all 

3 projects that have completed construction, but have 

4 not completed the mitigation required under section 

5 906 of the Water Resources Development Act of 

6 1986. 

7 SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. 

8 (a) IN GENERAL.—In conducting a study of harbor 

9 and navigation improvements, the Secretary may rec10 ommend a project without the need to demonstrate that 

11 the project is justified solely by national economic develop12 ment benefits if the Secretary determines that— 

13 (1)(A) the community to be served by the 

14 project is at least 70 miles from the nearest surface 

15 accessible commercial port and has no direct rail or 

16 highway link to another community served by a sur17 face accessible port or harbor; or 

18 (B) the project would be located in the Com19 monwealth of Puerto Rico, Guam, the Common20 wealth of the Northern Mariana Islands, the United 

21 States Virgin Islands, or American Samoa; 

22 (2) the harbor is economically critical such that 

23 over 80 percent of the goods transported through 

24 the harbor would be consumed within the community 


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1 served by the harbor and navigation improvement; 

2 and 

3 (3) the long-term viability of the community 

4 would be threatened without the harbor and naviga5 tion improvement. 

6 (b) JUSTIFICATION.—In considering whether to rec7 ommend a project under subsection (a), the Secretary 

8 shall consider the benefits of the project to— 

9 (1) public health and safety of the local commu10 nity, including access to facilities designed to protect 

11 public health and safety; 

12 (2) access to natural resources for subsistence 

13 purposes; 

14 (3) local and regional economic opportunities; 

15 (4) welfare of the local population; and 

16 (5) social and cultural value to the community. 

17 SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL. 

18 (a) IN GENERAL.—Section 204 of the Water Re19 sources Development Act of 1992 (33 U.S.C. 2326) is 

20 amended by striking subsections (c) through (g) and in21 serting the following: 

22 ‘‘(c) IN GENERAL.—The Secretary may carry out 

23 projects to transport and place sediment obtained in con24 nection with the construction, operation, or maintenance 

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1 lected by a non-Federal entity for use in the construction, 

2 repair, or rehabilitation of projects determined by the Sec3 retary to be in the public interest and associated with navi4 gation, flood damage reduction, hydroelectric power, mu5 nicipal and industrial water supply, agricultural water 

6 supply, recreation, hurricane and storm damage reduction, 

7 aquatic plant control, and environmental protection and 

8 restoration. 

9 ‘‘(d) COOPERATIVE AGREEMENT.—Any project un10 dertaken pursuant to this section shall be initiated only 

11 after non-Federal interests have entered into an agree12 ment with the Secretary in which the non-Federal inter13 ests agree to pay the non-Federal share of the cost of con14 struction of the project and 100 percent of the cost of 

15 operation, maintenance, replacement, and rehabilitation of 

16 the project in accordance with section 103 of the Water 

17 Resources Development Act of 1986 (33 U.S.C. 2213). 

18 ‘‘(e) SPECIAL RULE.—Construction of a project 

19 under subsection (a) for one or more of the purposes of 

20 protection, restoration, or creation of aquatic and eco21 logically related habitat, the cost of which does not exceed 

22 $750,000 and which will be located in a disadvantaged 

23 community as determined by the Secretary, may be car24 ried out at Federal expense. 


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1 ‘‘(f) DETERMINATION OF CONSTRUCTION COSTS.— 

2 Costs associated with construction of a project under this 

3 section shall be limited solely to construction costs that 

4 are in excess of those costs necessary to carry out the 

5 dredging for construction, operation, or maintenance of 

6 the authorized water resources project in the most cos7 effective way, consistent with economic, engineering, and 

8 environmental criteria. 

9 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH10 OD.—In developing and carrying out a water resources 

11 project involving the disposal of sediment, the Secretary 

12 may select, with the consent of the non-Federal interest, 

13 a disposal method that is not the least cost option if the 

14 Secretary determines that the incremental costs of such 

15 disposal method are reasonable in relation to the environ16 mental benefits, including the benefits to the aquatic envi17 ronment to be derived from the creation of wetlands and 

18 control of shoreline erosion. The Federal share of such in19 cremental costs shall be determined in accordance with 

20 subsections (d) and (f). 

21 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec22 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

23 1962d–5b), for any project carried out under this section, 

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

25 the consent of the affected local government. 


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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $30,000,000 annually for 

3 projects under this section of which not more than 

4 $3,000,000 annually may be used for construction of 

5 projects described in subsection (e). Such sums shall re6 main available until expended. 

7 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN8 NING.—In consultation with appropriate State and Fed9 eral agencies, the Secretary may develop, at Federal ex10 pense, plans for regional management of sediment ob11 tained in conjunction with the construction, operation, or 

12 maintenance of water resources projects, including poten13 tial beneficial uses of sediment for construction, repair, or 

14 rehabilitation of public projects for navigation, flood dam15 age reduction, hydroelectric power, municipal and indus16 trial water supply, agricultural water supply, recreation, 

17 hurricane and storm damage reduction, aquatic plant con18 trol, and environmental protection and restoration. 

19 ‘‘(k) USE OF FUNDS.— 

20 ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed21 eral interest for a project described in this section 

22 may use, and the Secretary shall accept, funds pro23 vided under any other Federal program, to satisfy, 

24 in whole or in part, the non-Federal share of the 


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1 cost of such project if such funds are authorized to 

2 be used to carry out such project. 

3 ‘‘(2) OTHER FEDERAL AGENCIES.—The non4 Federal share of the cost of construction of a project 

5 under this section may be met through contributions 

6 from a Federal agency made directly to the Sec7 retary, with the consent of the affected local govern8 ment, if such funds are authorized to be used to 

9 carry out such project. Before initiating a project to 

10 which this paragraph applies, the Secretary shall 

11 enter into an agreement with a non-Federal interest 

12 in which the non-Federal interest agrees to pay 100 

13 percent of the cost of operation, maintenance, re14 placement, and rehabilitation of the project.’’. 

15 (b) REPEAL.— 

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

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

18 426j) is repealed. 

19 (2) HOLD HARMLESS.—The repeal made by 

20 paragraph (1) shall not affect the authority of the 

21 Secretary to complete any project being carried out 

22 under such section 145 on the day before the date 

23 of enactment of this Act. 

24 (c) PRIORITY AREAS.—In carrying out section 204 

25 of the Water Resources Development Act of 1992 (33 


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1 U.S.C. 2326), the Secretary shall give priority to the fol2 lowing: 

3 (1) A project at Little Rock Slackwater Harbor, 

4 Arkansas. 

5 (2) A project at Egmont Key, Florida. 

6 (3) A project in the vicinity of Calcasieu Ship 

7 Channel, Louisiana. 

8 (4) A project in the vicinity of the Smith Point 

9 Park Pavilion and the TWA Flight 800 Memorial, 

10 Brookhaven, New York. 

11 (5) A project in the vicinity of Morehead City, 

12 North Carolina. 

13 (6) A project in the vicinity of Galveston Bay, 

14 Texas. 

15 (7) A project at Benson Beach, Washington. 

16 SEC. 2017. COST-SHARING PROVISIONS FOR CERTAIN 

17 AREAS. 

18 Section 1156 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended 

20 to read as follows: 

21 ‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN 

22 AREAS. 

23 ‘‘The Secretary shall waive local cost-sharing require24 ments up to $500,000 for all studies and projects— 


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1 ‘‘(1) in the Commonwealth of Puerto Rico, 

2 American Samoa, Guam, the Commonwealth of the 

3 Northern Mariana Islands, and the United States 

4 Virgin Islands; 

5 ‘‘(2) in Indian country (as defined in section 

6 1151 of title 18, United States Code, and including 

7 lands that are within the jurisdictional area of an 

8 Oklahoma Indian tribe, as determined by the Sec9 retary of the Interior, and are recognized by the Sec10 retary of the Interior as eligible for trust land status 

11 under part 151 of title 25, Code of Federal Regula12 tions); or 

13 ‘‘(3) on land in the State of Alaska owned by 

14 an Alaska Native Regional Corporation or an Alaska 

15 Native Village Corporation (as those terms are de16 fined in the Alaska Native Claims Settlement Act 

17 (43 U.S.C. 1601 et seq.)) or the Metlakatla Indian 

18 community.’’. 

19 SEC. 2018. USE OF OTHER FEDERAL FUNDS. 

20 The non-Federal interest for a water resources study 

21 or project may use, and the Secretary shall accept, funds 

22 provided by a Federal agency under any other Federal 

23 program, to satisfy, in whole or in part, the non-Federal 

24 share of the cost of the study or project if such funds are 

25 authorized to be used to carry out the study or project. 


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1 SEC. 2019. REVISION OF PROJECT PARTNERSHIP AGREE2 MENT. 

3 Upon authorization by law of an increase in the max4 imum amount of Federal funds that may be allocated for 

5 a water resources project or an increase in the total cost 

6 of a water resources project authorized to be carried out 

7 by the Secretary, the Secretary shall revise the partnership 

8 agreement for the project to take into account the change 

9 in Federal participation in the project. 

10 SEC. 2020. COST SHARING. 

11 An increase in the maximum amount of Federal 

12 funds that may be allocated for a water resources project, 

13 or an increase in the total cost of a water resources 

14 project, authorized to be carried out by the Secretary shall 

15 not affect any cost-sharing requirement applicable to the 

16 project. 

17 SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

18 DAMAGE REDUCTION. 

19 The Secretary shall expedite any authorized planning, 

20 design, and construction of any project for flood damage 

21 reduction for an area that, within the preceding 5 years, 

22 has been subject to flooding that resulted in the loss of 

23 life and caused damage of sufficient severity and mag24 nitude to warrant a declaration of a major disaster by the 

25 President under the Robert T. Stafford Disaster Relief 

26 and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 


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1 SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS. 

2 (a) IN GENERAL.—Section 729 of the Water Re3 sources Development Act of 1986 (33 U.S.C. 2267a; 114 

4 Stat. 2587–2588; 100 Stat. 4164) is amended— 

5 (1) in subsection (d)— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (4); 

8 (B) by striking the period at the end of 

9 paragraph (5) and inserting ‘‘; and’’; and 

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

11 ‘‘(6) Tuscarawas River Basin, Ohio; 

12 ‘‘(7) Sauk River Basin, Snohomish and Skagit 

13 Counties, Washington; 

14 ‘‘(8) Niagara River Basin, New York; 

15 ‘‘(9) Genesee River Basin, New York; and 

16 ‘‘(10) White River Basin, Arkansas and Mis17 souri.’’; 

18 (2) by striking paragraph (1) of subsection (f) 

19 and inserting the following: 

20 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal 

21 share of the costs of an assessment carried out 

22 under this section on or after December 11, 2000, 

23 shall be 25 percent.’’; and 

24 (3) by striking subsection (g). 

25 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

26 Secretary shall revise the partnership agreement for any 


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1 assessment being carried out under such section 729 to 

2 take into account the change in non-Federal participation 

3 in the assessment as a result of the amendments made 

4 by subsection (a). 

5 SEC. 2023. TRIBAL PARTNERSHIP PROGRAM. 

6 (a) SCOPE.—Section 203(b)(1)(B) of the Water Re7 sources Development Act of 2000 (33 U.S.C. 

8 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting 

9 after ‘‘Code’’ the following: ‘‘, and including lands that 

10 are within the jurisdictional area of an Oklahoma Indian 

11 tribe, as determined by the Secretary of the Interior, and 

12 are recognized by the Secretary of the Interior as eligible 

13 for trust land status under part 151 of title 25, Code of 

14 Federal Regulations’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 203(e) of such Act is amended by striking ‘‘2006’’ and 

17 inserting ‘‘2012’’. 

18 SEC. 2024. WILDFIRE FIREFIGHTING. 

19 Section 309 of Public Law 102–154 (42 U.S.C. 

20 1856a–1; 105 Stat. 1034) is amended by inserting ‘‘the 

21 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’. 

22 SEC. 2025. TECHNICAL ASSISTANCE. 

23 Section 22 of the Water Resources Development Act 

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


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1 (1) in subsection (a) by striking ‘‘The Sec2 retary’’ and inserting the following: 

3 ‘‘(a) FEDERAL STATE COOPERATION.— 

4 ‘‘(1) COMPREHENSIVE PLANS.—The Sec5 retary’’; 

6 (2) by inserting after the last sentence in sub7 section (a) the following: 

8 ‘‘(2) TECHNICAL ASSISTANCE.— 

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

10 a governmental agency or non-Federal in11 terest, the Secretary may provide, at Fed12 eral expense, technical assistance to such 

13 agency or non-Federal interest in man14 aging water resources. 

15 ‘‘(B) TYPES OF ASSISTANCE.—Tech16 nical assistance under this paragraph may 

17 include provision and integration of hydro18 logic, economic, and environmental data 

19 and analyses.’’; 

20 (3) in subsection (b)(1) by striking ‘‘this sec21 tion’’ each place it appears and inserting ‘‘subsection 

22 (a)(1)’’; 

(4) in subsection (b)(2) by striking ‘‘Up to 1 23 ⁄2

24 of the’’ and inserting ‘‘The’’; 


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1 (5) in subsection (c) by striking ‘‘(c) There is’’ 

2 and inserting the following: 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 There is’’; 

6 (6) in subsection (c)(1) (as designated by para7 graph (5))— 

8 (A) by striking ‘‘the provisions of this sec9 tion’’ and inserting ‘‘subsection (a)(1);’’; and 

10 (B) by striking ‘‘$500,000’’ and inserting 

11 ‘‘$1,000,000’’; 

12 (7) by inserting at the end of subsection (c) the 

13 following: 

14 ‘‘(2) TECHNICAL ASSISTANCE.—There is au15 thorized to be appropriated $5,000,000 annually to 

16 carry out subsection (a)(2), of which not more than 

17 $2,000,000 annually may be used by the Secretary 

18 to enter into cooperative agreements with nonprofit 

19 organizations to provide assistance to rural and 

20 small communities.’’; 

21 (8) by redesignating subsection (d) as sub22 section (e); and 

23 (9) by inserting after subsection (c) the fol24 lowing: 


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1 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI2 TIES.—Concurrent with the President’s submission to 

3 Congress of the President’s request for appropriations for 

4 the Civil Works Program for a fiscal year, the Secretary 

5 shall submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the Com7 mittee on Environment and Public Works of the Senate 

8 a report describing the individual activities proposed for 

9 funding under subsection (a)(1) for that fiscal year.’’. 

10 SEC. 2026. LAKES PROGRAM. 

11 Section 602(a) of the Water Resources Development 

12 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 

13 295) is amended— 

14 (1) by striking ‘‘and’’ at end of paragraph (18); 

15 (2) by striking the period at the end of para16 graph (19) and inserting a semicolon; and 

17 (3) by adding at the end the following: 

18 ‘‘(20) Kinkaid Lake, Jackson County, Illinois, 

19 removal of silt and aquatic growth and measures to 

20 address excessive sedimentation; 

21 ‘‘(21) McCarter Pond, Borough of Fairhaven, 

22 New Jersey, removal of silt and measures to address 

23 water quality; 


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1 ‘‘(22) Rogers Pond, Franklin Township, New 

2 Jersey, removal of silt and restoration of structural 

3 integrity; 

4 ‘‘(23) Greenwood Lake, New York and New 

5 Jersey, removal of silt and aquatic growth; and 

6 ‘‘(24) Lake Luxembourg, Pennsylvania.’’. 

7 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, 

8 STATE, AND LOCAL ACTIONS. 

9 (a) NOTICE OF INTENT.—Upon request of the non10 Federal interest in the form of a written notice of intent 

11 to construct or modify a non-Federal water supply, waste12 water infrastructure, flood damage reduction, storm dam13 age reduction, ecosystem restoration, or navigation project 

14 that requires the approval of the Secretary, the Secretary 

15 shall initiate, subject to subsection (g)(1), procedures to 

16 establish a schedule for consolidating Federal, State, and 

17 local agency and Indian tribe environmental assessments, 

18 project reviews, and issuance of all permits for the con19 struction or modification of the project. The non-Federal 

20 interest shall submit to the Secretary, with the notice of 

21 intent, studies and documentation, including environ22 mental reviews, that may be required by Federal law for 

23 decisionmaking on the proposed project. All States and In24 dian tribes having jurisdiction over the proposed project 

25 shall be invited by the Secretary, but shall not be required, 


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1 to participate in carrying out this section with respect to 

2 the project. 

3 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

4 after receipt of notice under subsection (a), the Secretary 

5 shall publish such notice in the Federal Register. The Sec6 retary also shall provide written notification of the receipt 

7 of a notice under subsection (a) to all State and local 

8 agencies and Indian tribes that may be required to issue 

9 permits for the construction of the project or related ac10 tivities. The Secretary shall solicit the cooperation of those 

11 agencies and request their entry into a memorandum of 

12 agreement described in subsection (c) with respect to the 

13 project. Within 30 days after publication of the notice in 

14 the Federal Register, State and local agencies and Indian 

15 tribes that intend to enter into the memorandum of agree16 ment with respect to the project shall notify the Secretary 

17 of their intent in writing. 

18 (c) SCHEDULING AGREEMENT.—Within 90 days 

19 after the date of receipt of notice under subsection (a) 

20 with respect to a project, the Secretary of the Interior, 

21 the Secretary of Commerce, and the Administrator of the 

22 Environmental Protection Agency, as necessary, and any 

23 State or local agencies that have notified the Secretary 

24 under subsection (b) shall enter into an agreement with 

25 the Secretary establishing a schedule of decisionmaking 


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1 for approval of the project and permits associated with 

2 the project and with related activities. 

3 (d) CONTENTS OF AGREEMENT.—An agreement en4 tered into under subsection (c) with respect to a project, 

5 to the extent practicable, shall consolidate hearing and 

6 comment periods, procedures for data collection and re7 port preparation, and the environmental review and per8 mitting processes associated with the project and related 

9 activities. The agreement shall detail, to the extent pos10 sible, the non-Federal interest’s responsibilities for data 

11 development and information that may be necessary to 

12 process each permit required for the project, including a 

13 schedule when the information and data will be provided 

14 to the appropriate Federal, State, or local agency or In15 dian tribe. 

16 (e) REVISION OF AGREEMENT.—The Secretary may 

17 revise an agreement entered into under subsection (c) with 

18 respect to a project once to extend the schedule to allow 

19 the non-Federal interest the minimum amount of addi20 tional time necessary to revise its original application to 

21 meet the objections of a Federal, State, or local agency 

22 or Indian tribe that is a party to the agreement. 

23 (f) FINAL DECISION.—Not later than the final day 

24 of a schedule established by an agreement entered into 

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1 retary shall notify the non-Federal interest of the final de2 cision on the project and whether the permit or permits 

3 have been issued. 

4 (g) COSTS OF COORDINATION.—The costs incurred 

5 by the Secretary to establish and carry out a schedule to 

6 consolidate Federal, State, and local agency and Indian 

7 tribe environmental assessments, project reviews, and per8 mit issuance for a project under this section shall be paid 

9 by the non-Federal interest. 

10 (h) REPORT ON TIMESAVINGS METHODS.—Not later 

11 than 3 years after the date of enactment of this section, 

12 the Secretary shall prepare and transmit to Congress a 

13 report estimating the time required for the issuance of all 

14 Federal, State, local, and tribal permits for the construc15 tion of non-Federal projects for water supply, wastewater 

16 infrastructure, flood damage reduction, storm damage re17 duction, ecosystem restoration, and navigation. The Sec18 retary shall include in that report recommendations for 

19 further reducing the amount of time required for the 

20 issuance of those permits, including any proposed changes 

21 in existing law. 

22 SEC. 2028. PROJECT STREAMLINING. 

23 (a) POLICY.—The benefits of water resources 

24 projects are important to the Nation’s economy and envi25 ronment, and recommendations to Congress regarding 


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1 such projects should not be delayed due to uncoordinated 

2 or inefficient reviews or the failure to timely resolve dis3 putes during the development of water resources projects. 

4 (b) SCOPE.—This section shall apply to each study 

5 initiated after the date of enactment of this Act to develop 

6 a feasibility report under section 905 of the Water Re7 sources Development Act of 1986 (33 U.S.C. 2282), or 

8 a reevaluation report, for a water resources project if the 

9 Secretary determines that such study requires an environ10 mental impact statement under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

12 (c) WATER RESOURCES PROJECT REVIEW PROC13 ESS.—The Secretary shall develop and implement a co14 ordinated review process for the development of water re15 sources projects. 

16 (d) COORDINATED REVIEWS.— 

17 (1) IN GENERAL.—The coordinated review proc18 ess under this section shall provide that all reviews, 

19 analyses, opinions, permits, licenses, and approvals 

20 that must be issued or made by a Federal, State, or 

21 local government agency or Indian tribe for the de22 velopment of a water resources project described in 

23 subsection (b) will be conducted, to the maximum 

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1 operation with the agencies identified under sub2 section (e) with respect to the project. 

3 (2) AGENCY PARTICIPATION.—Each Federal 

4 agency identified under subsection (e) with respect 

5 to the development of a water resources project shall 

6 formulate and implement administrative policy and 

7 procedural mechanisms to enable the agency to en8 sure completion of reviews, analyses, opinions, per9 mits, licenses, and approvals described in paragraph 

10 (1) for the project in a timely and environmentally 

11 responsible manner. 

12 (e) IDENTIFICATION OF JURISDICTIONAL AGEN13 CIES.—With respect to the development of each water re14 sources project, the Secretary shall identify, as soon as 

15 practicable all Federal, State, and local government agen16 cies and Indian tribes that may— 

17 (1) have jurisdiction over the project; 

18 (2) be required by law to conduct or issue a re19 view, analysis, or opinion for the project; or 

20 (3) be required to make a determination on 

21 issuing a permit, license, or approval for the project. 

22 (f) STATE AUTHORITY.—If the coordinated review 

23 process is being implemented under this section by the 

24 Secretary with respect to the development of a water re25 sources project described in subsection (b) within the 


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1 boundaries of a State, the State, consistent with State law, 

2 may choose to participate in the process and to make sub3 ject to the process all State agencies that— 

4 (1) have jurisdiction over the project; 

5 (2) are required to conduct or issue a review, 

6 analysis, or opinion for the project; or 

7 (3) are required to make a determination on 

8 issuing a permit, license, or approval for the project. 

9 (g) MEMORANDUM OF UNDERSTANDING.—The co10 ordinated review process developed under this section may 

11 be incorporated into a memorandum of understanding for 

12 a water resources project between the Secretary, the heads 

13 of Federal, State, and local government agencies, Indian 

14 tribes identified under subsection (e), and the non-Federal 

15 interest for the project. 

16 (h) EFFECT OF FAILURE TO MEET DEADLINE.— 

17 (1) NOTIFICATION OF CONGRESS AND CEQ.—If 

18 the Secretary determines that a Federal, State, or 

19 local government agency, Indian tribe, or non-Fed20 eral interest that is participating in the coordinated 

21 review process under this section with respect to the 

22 development of a water resources project has not 

23 met a deadline established under subsection (d) for 

24 the project, the Secretary shall notify, within 30 

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1 mittee on Transportation and Infrastructure of the 

2 House of Representatives, the Committee on Envi3 ronment and Public Works of the Senate, the Coun4 cil on Environmental Quality, and the agency, In5 dian tribe, or non-Federal interest involved about 

6 the failure to meet the deadline. 

7 (2) AGENCY REPORT.—Not later than 30 days 

8 after the date of receipt of a notice under paragraph 

9 (1), the Federal, State, or local government agency, 

10 Indian tribe, or non-Federal interest involved may 

11 submit a report to the Secretary, the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives, the Committee on Environment and 

14 Public Works of the Senate, and the Council on En15 vironmental Quality explaining why the agency, In16 dian tribe, or non-Federal interest did not meet the 

17 deadline and what actions it intends to take to com18 plete or issue the required review, analysis, or opin19 ion or determination on issuing a permit, license, or 

20 approval. 

21 (i) PURPOSE AND NEED AND DETERMINATION OF

22 REASONABLE ALTERNATIVES.— 

23 (1) IN GENERAL.—The Secretary, as the Fed24 eral lead agency responsible for carrying out a study 

25 for a water resources project and the associated 


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1 process for meeting the requirements of the National 

2 Environmental Policy Act of 1969, shall— 

3 (A) define the project’s purpose and need 

4 for purposes of any document which the Sec5 retary is responsible for preparing for the 

6 project and shall determine the range of alter7 natives for consideration in any document which 

8 the Secretary is responsible for preparing for 

9 the project; and 

10 (B) determine, in collaboration with par11 ticipating agencies at appropriate times during 

12 the study process, the methodologies to be used 

13 and the level of detail required in the analysis 

14 of each alternative for the project. 

15 (2) PREFERRED ALTERNATIVE.—At the discre16 tion of the Secretary, the preferred alternative for a 

17 project, after being identified, may be developed to 

18 a higher level of detail than other alternatives. 

19 (j) LIMITATIONS.—Nothing in this section shall pre20 empt or interfere with— 

21 (1) any statutory requirement for seeking pub22 lic comment; 

23 (2) any power, jurisdiction, or authority that a 

24 Federal, State, or local government agency, Indian 


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1 tribe, or non-Federal interest has with respect to 

2 carrying out a water resources project; or 

3 (3) any obligation to comply with the provisions 

4 of the National Environmental Policy Act of 1969 

5 and the regulations issued by the Council on Envi6 ronmental Quality to carry out such Act. 

7 SEC. 2029. COOPERATIVE AGREEMENTS. 

8 (a) IN GENERAL.—For the purpose of expediting the 

9 cost-effective design and construction of wetlands restora10 tion that is part of an authorized water resources project, 

11 the Secretary may enter into cooperative agreements 

12 under section 6305 of title 31, United States Code, with 

13 nonprofit organizations with expertise in wetlands restora14 tion to carry out such design and construction on behalf 

15 of the Secretary. 

16 (b) LIMITATIONS.— 

17 (1) PER PROJECT LIMIT.—A cooperative agree18 ment under this section shall not obligate the Sec19 retary to pay the nonprofit organization more than 

20 $1,000,000 for any single wetlands restoration 

21 project. 

22 (2) ANNUAL LIMIT.—The total value of work 

23 carried out under cooperative agreements under this 

24 section may not exceed $5,000,000 in any fiscal 

25 year. 


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1 SEC. 2030. TRAINING FUNDS. 

2 (a) IN GENERAL.—The Secretary may include indi3 viduals not employed by the Department of the Army in 

4 training classes and courses offered by the Corps of Engi5 neers in any case in which the Secretary determines that 

6 it is in the best interest of the Federal Government to 

7 include those individuals as participants. 

8 (b) EXPENSES.— 

9 (1) IN GENERAL.—An individual not employed 

10 by the Department of the Army attending a training 

11 class or course described in subsection (a) shall pay 

12 the full cost of the training provided to the indi13 vidual. 

14 (2) PAYMENTS.—Payments made by an indi15 vidual for training received under paragraph (1), up 

16 to the actual cost of the training— 

17 (A) may be retained by the Secretary; 

18 (B) shall be credited to an appropriations 

19 account used for paying training costs; and 

20 (C) shall be available for use by the Sec21 retary, without further appropriation, for train22 ing purposes. 

23 (3) EXCESS AMOUNTS.—Any payments received 

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

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1 cellaneous receipts to the Treasury of the United 

2 States. 

3 SEC. 2031. ACCESS TO WATER RESOURCE DATA. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 program to provide public access to water resources and 

6 related water quality data in the custody of the Corps of 

7 Engineers. 

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

9 shall— 

10 (1) include, at a minimum, access to data gen11 erated in water resources project development and 

12 regulation under section 404 of the Federal Water 

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

14 (2) appropriately employ geographic informa15 tion system technology and linkages to water re16 source models and analytical techniques. 

17 (c) PARTNERSHIPS.—To the maximum extent prac18 ticable, in carrying out activities under this section, the 

19 Secretary shall develop partnerships, including cooperative 

20 agreements with State, tribal, and local governments and 

21 other Federal agencies. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $5,000,000 for each fiscal year. 


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1 SEC. 2032. SHORE PROTECTION PROJECTS. 

2 (a) IN GENERAL.—In accordance with the Act of 

3 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad4 ministrative actions, it is the policy of the United States 

5 to promote beach nourishment for the purposes of flood 

6 damage reduction and hurricane and storm damage reduc7 tion and related research that encourage the protection, 

8 restoration, and enhancement of sandy beaches, including 

9 beach restoration and periodic beach renourishment for a 

10 period of 50 years, on a comprehensive and coordinated 

11 basis by the Federal Government, States, localities, and 

12 private enterprises. 

13 (b) PREFERENCE.—In carrying out the policy under 

14 subsection (a), preference shall be given to— 

15 (1) areas in which there has been a Federal in16 vestment of funds for the purposes described in sub17 section (a); and 

18 (2) areas with respect to which the need for 

19 prevention or mitigation of damage to shores and 

20 beaches is attributable to Federal navigation 

21 projects or other Federal activities. 

22 (c) APPLICABILITY.—The Secretary shall apply the 

23 policy under subsection (a) to each shore protection and 

24 beach renourishment project (including shore protection 

25 and beach renourishment projects constructed before the 

26 date of enactment of this Act). 


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1 SEC. 2033. ABILITY TO PAY. 

2 (a) CRITERIA AND PROCEDURES.—Section 

3 103(m)(2) of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2213(m)(2)) is amended by striking 

5 ‘‘180 days after such date of enactment’’ and inserting 

6 ‘‘September 30, 2007’’. 

7 (b) PROJECTS.—The Secretary shall apply the cri8 teria and procedures referred to in section 103(m) of the 

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

10 2213(m)) to the following projects: 

11 (1) ST. JOHNS BAYOU AND NEW MADRID

12 FLOODWAY, MISSOURI.—The project for flood con13 trol, St. Johns Bayou and New Madrid Floodway, 

14 Missouri, authorized by section 401(a) of the Water 

15 Resources Development Act of 1986 (100 Stat. 

16 4118). 

17 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

18 project for flood control, Lower Rio Grande Basin, 

19 Texas, authorized by section 401(a) of the Water 

20 Resources Development Act of 1986 (100 Stat. 

21 4125). 

22 (3) WEST VIRGINIA AND PENNSYLVANIA

23 PROJECTS.—The projects for flood control author24 ized by section 581 of the Water Resources Develop25 ment Act of 1996 (110 Stat. 3790–3791). 


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1 SEC. 2034. LEASING AUTHORITY. 

2 Section 4 of the Act entitled ‘‘An Act authorizing the 

3 construction of certain public works on rivers and harbors 

4 for flood control, and other purposes’’, approved December 

5 22, 1944 (16 U.S.C. 460d), is amended— 

6 (1) by inserting ‘‘federally recognized Indian 

7 tribes and’’ before ‘‘Federal’’ the first place it ap8 pears; 

9 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con10 siderations, to such’’; and 

11 (3) by inserting ‘‘federally recognized Indian 

12 tribe’’ after ‘‘That in any such lease or license to a’’. 

13 SEC. 2035. COST ESTIMATES. 

14 The estimated Federal and non-Federal costs of 

15 projects authorized to be carried out by the Secretary be16 fore, on, or after the date of enactment of this Act are 

17 for informational purposes only and shall not be inter18 preted as affecting the cost sharing responsibilities estab19 lished by law. 

20 SEC. 2036. PROJECT PLANNING. 

21 (a) DETERMINATION OF CERTAIN NATIONAL BENE22 FITS.— 

23 (1) SENSE OF CONGRESS.—It is the sense of 

24 Congress that, consistent with the Economic and 

25 Environmental Principles and Guidelines for Water 

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1 ies (1983), the Secretary may select a water re2 sources project alternative that does not maximize 

3 net national economic development benefits or net 

4 national ecosystem restoration benefits if there is an 

5 overriding reason based on other Federal, State, 

6 local, or international concerns. 

7 (2) FLOOD DAMAGE REDUCTION, NAVIGATION, 

8 AND HURRICANE STORM DAMAGE REDUCTION

9 PROJECTS.—With respect to a water resources 

10 project the primary purpose of which is flood dam11 age reduction, navigation, or hurricane and storm 

12 damage reduction, an overriding reason for selecting 

13 a plan other than the plan that maximizes net na14 tional economic development benefits may be if the 

15 Secretary determines, and the non-Federal interest 

16 concurs, that an alternative plan is feasible and 

17 achieves the project purposes while providing greater 

18 ecosystem restoration benefits. 

19 (3) ECOSYSTEM RESTORATION PROJECTS.— 

20 With respect to a water resources project the pri21 mary purpose of which is ecosystem restoration, an 

22 overriding reason for selecting a plan other than the 

23 plan that maximizes net national ecosystem restora24 tion benefits may be if the Secretary determines, 

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1 native plan is feasible and achieves the project pur2 poses while providing greater economic development 

3 benefits. 

4 (b) IDENTIFYING ADDITIONAL BENEFITS AND

5 PROJECTS.— 

6 (1) PRIMARILY ECONOMIC BENEFITS.—In con7 ducting a study of the feasibility of a project where 

8 the primary benefits are expected to be economic, 

9 the Secretary may identify ecosystem restoration 

10 benefits that may be achieved in the study area and, 

11 after obtaining the participation of a non-Federal in12 terest, may study and recommend construction of 

13 additional measures, a separate project, or separable 

14 project element to achieve those benefits. 

15 (2) PRIMARILY ECOSYSTEM RESTORATION BEN16 EFITS.—In conducting a study of the feasibility of a 

17 project where the primary benefits are expected to 

18 be associated with ecosystem restoration, the Sec19 retary may identify economic benefits that may be 

20 achieved in the study area and, after obtaining the 

21 participation of a non-Federal interest, may study 

22 and recommend construction of additional measures, 

23 a separate project, or separable project element to 

24 achieve those benefits. 


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1 (3) RULES APPLICABLE TO CERTAIN MEAS2 URES, PROJECTS, AND ELEMENTS.—Any additional 

3 measures, separate project, or separable element 

4 identified under paragraph (1) or (2) and rec5 ommended for construction shall not be considered 

6 integral to the underlying project and, if authorized, 

7 shall be subject to a separate partnership agreement, 

8 unless a non-Federal interest agrees to share in the 

9 cost of the additional measures, project, or separable 

10 element. 

11 (c) CALCULATION OF BENEFITS AND COSTS FOR

12 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 

13 study for a project for flood damage reduction shall in14 clude, as part of the calculation of benefits and costs— 

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

16 following completion of the proposed project; 

17 (2) a calculation of any upstream or down18 stream impacts of the proposed project; and 

19 (3) calculations to ensure that the benefits and 

20 costs associated with structural and nonstructural 

21 alternatives are evaluated in an equitable manner. 

22 SEC. 2037. INDEPENDENT PEER REVIEW. 

23 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

24 PEER REVIEW.— 


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1 (1) IN GENERAL.—Project studies shall be sub2 ject to a peer review by an independent panel of ex3 perts as determined under this section. 

4 (2) SCOPE.—The peer review may include a re5 view of the economic and environmental assumptions 

6 and projections, project evaluation data, economic 

7 analyses, environmental analyses, engineering anal8 yses, formulation of alternative plans, methods for 

9 integrating risk and uncertainty, models used in 

10 evaluation of economic or environmental impacts of 

11 proposed projects, and any biological opinions of the 

12 project study. 

13 (3) PROJECT STUDIES SUBJECT TO PEER RE14 VIEW.— 

15 (A) MANDATORY.—A project study shall 

16 be subject to peer review under paragraph 

17 (1)— 

18 (i) if the project has an estimated 

19 total cost of more than $50,000,000, in20 cluding mitigation costs, and is not deter21 mined by the Chief of Engineers to be ex22 empt from peer review under paragraph 

23 (6); or 


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1 (ii) the Governor of an affected State 

2 requests a peer review by an independent 

3 panel of experts. 

4 (B) DISCRETIONARY.—A project study 

5 may be subject to peer review if— 

6 (i) the head of a Federal or State 

7 agency charged with reviewing the project 

8 study determines that the project is likely 

9 to have a significant adverse impact on en10 vironmental, cultural, or other resources 

11 under the jurisdiction of the agency after 

12 implementation of proposed mitigation 

13 plans and requests a peer review by an 

14 independent panel of experts; or 

15 (ii) the Chief of Engineers determines 

16 that the project study is controversial. 

17 (4) CONTROVERSIAL PROJECTS.—Upon receipt 

18 of a written request under paragraph (3)(B) or on 

19 the initiative of the Chief of Engineers, the Chief of 

20 Engineers shall determine whether a project study is 

21 controversial. 

22 (5) FACTORS TO CONSIDER.—In determining 

23 whether a project study is controversial, the Chief of 

24 Engineers shall consider if— 


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1 (A) there is a significant public dispute as 

2 to the size, nature, or effects of the project; or 

3 (B) there is a significant public dispute as 

4 to the economic or environmental costs or bene5 fits of the project. 

6 (6) PROJECT STUDIES EXCLUDED FROM PEER

7 REVIEW.—Project studies that may be excluded from 

8 peer review under paragraph (1) are— 

9 (A) a study for a project the Chief of En10 gineers determines— 

11 (i) is not controversial; 

12 (ii) has no more than negligible ad13 verse impacts on scarce or unique cultural, 

14 historic, or tribal resources; 

15 (iii) has no substantial adverse im16 pacts on fish and wildlife species and their 

17 habitat prior to the implementation of 

18 mitigation measures; and 

19 (iv) has, before implementation of 

20 mitigation measures, no more than a neg21 ligible adverse impact on a species listed as 

22 endangered or threatened species under 

23 the Endangered Species Act of 1973 (16 

24 U.S.C. 1539 et seq.) or the critical habitat 


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1 of such species designated under such Act; 

2 and 

3 (B) a study for a project pursued under 

4 section 205 of the Flood Control Act of 1948 

5 (33 U.S.C. 701s), section 2 of the Flood Con6 trol Act of August 28, 1937 (33 U.S.C. 701g), 

7 section 14 of the Flood Control Act of 1946 (33 

8 U.S.C. 701r), section 107(a) of the River and 

9 Harbor Act of 1960 (33 U.S.C. 577(a)), section 

10 3 of the Act entitled ‘‘An Act authorizing Fed11 eral participation in the cost of protecting the 

12 shores of publicly owned property’’, approved 

13 August 13, 1946 (33 U.S.C. 426g), section 111 

14 of the River and Harbor Act of 1968 (33 

15 U.S.C. 426i), section 3 of the Act entitled ‘‘An 

16 Act authorizing the construction, repair, and 

17 preservation of certain public works on rivers 

18 and harbors, and for other purposes’’, approved 

19 March 2, 1945 (33 U.S.C. 603a), section 1135 

20 of the Water Resources Development Act of 

21 1986 (33 U.S.C. 2309a), section 206 of the 

22 Water Resources Development Act of 1996 (33 

23 U.S.C. 2330), or section 204 of the Water Re24 sources Development Act of 1992 (33 U.S.C. 

25 2326). 


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1 (7) APPEAL.—The decision of the Chief of En2 gineers whether to peer review a project study shall 

3 be published in the Federal Register and shall be 

4 subject to appeal by a person referred to in para5 graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the 

6 Army if such appeal is made within the 30-day pe7 riod following the date of such publication. 

8 (8) DETERMINATION OF PROJECT COST.—For 

9 purposes of determining the estimated total cost of 

10 a project under paragraph (3)(A), the project cost 

11 shall be based upon the reasonable estimates of the 

12 Chief of Engineers at the completion of the recon13 naissance study for the project. If the reasonable es14 timate of project costs is subsequently determined to 

15 be in excess of the amount in paragraph (3)(A), the 

16 Chief of Engineers shall make a determination 

17 whether a project study should be reviewed under 

18 this section. 

19 (b) TIMING OF PEER REVIEW.—The Chief of Engi20 neers shall determine the timing of a peer review of a 

21 project study under subsection (a). In all cases, the peer 

22 review shall occur during the period beginning on the date 

23 of the completion of the reconnaissance study for the 

24 project and ending on the date the draft report of the 

25 Chief of Engineers for the project is made available for 


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1 public comment. Where the Chief of Engineers has not 

2 initiated a peer review of a project study, the Chief of En3 gineers shall consider, at a minimum, whether to initiate 

4 a peer review at the time that— 

5 (1) the without-project conditions are identified; 

6 (2) the array of alternatives to be considered 

7 are identified; and 

8 (3) the preferred alternative is identified. 

9 Nothing in this subsection shall be construed to require 

10 the Chief of Engineers to conduct multiple peer reviews 

11 for a project study. 

12 (c) ESTABLISHMENT OF PANELS.— 

13 (1) IN GENERAL.—For each project study sub14 ject to peer review under subsection (a), as soon as 

15 practicable after the Chief of Engineers determines 

16 that a project study will be subject to peer review, 

17 the Chief of Engineers shall contract with the Na18 tional Academy of Sciences (or a similar independent 

19 scientific and technical advisory organization), or an 

20 eligible organization, to establish a panel of experts 

21 to peer review the project study for technical and 

22 scientific sufficiency. 

23 (2) MEMBERSHIP.—A panel of experts estab24 lished for a project study under this section shall be 

25 composed of independent experts who represent a 


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1 balance of areas of expertise suitable for the review 

2 being conducted. 

3 (3) LIMITATION ON APPOINTMENTS.—An indi4 vidual may not be selected to serve on a panel of ex5 perts established for a project study under this sec6 tion if the individual has a financial or close profes7 sional association with any organization or group 

8 with a strong financial or organizational interest in 

9 the project. 

10 (4) CONGRESSIONAL NOTIFICATION.—Upon 

11 identification of a project study for peer review 

12 under this section, but prior to initiation of any re13 view, the Chief of Engineers shall notify the Com14 mittee on Environment and Public Works of the 

15 Senate and the Committee on Transportation and 

16 Infrastructure of the House of Representatives of 

17 such review. 

18 (d) DUTIES OF PANELS.—A panel of experts estab19 lished for a peer review for a project study under this sec20 tion shall, consistent with the scope of the referral for re21 view— 

22 (1) conduct a peer review for the project study 

23 submitted to the panel for review; 


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1 (2) assess the adequacy and acceptability of the 

2 economic and environmental methods, models, and 

3 analyses used by the Chief of Engineers; 

4 (3) provide timely written and oral comments to 

5 the Chief of Engineers throughout the development 

6 of the project study, as requested; and 

7 (4) submit to the Chief of Engineers a final re8 port containing the panel’s economic, engineering, 

9 and environmental analysis of the project study, in10 cluding the panel’s assessment of the adequacy and 

11 acceptability of the economic and environmental 

12 methods, models, and analyses used by the Chief of 

13 Engineers, to accompany the publication of the 

14 project study. 

15 (e) DURATION OF PROJECT STUDY PEER RE16 VIEWS.— 

17 (1) DEADLINE.—A panel of experts shall— 

18 (A) complete its peer review under this sec19 tion for a project study and submit a report to 

20 the Chief of Engineers under subsection (d)(4) 

21 within 180 days after the date of establishment 

22 of the panel, or, if the Chief of Engineers deter23 mines that a longer period of time is necessary, 

24 such period of time established by the Chief of 

25 Engineers, but in no event later than 90 days 


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1 after the date a draft project study is made 

2 available for public review; and 

3 (B) terminate on the date of submission of 

4 the report. 

5 (2) FAILURE TO MEET DEADLINE.—If a panel 

6 does not complete its peer review of a project study 

7 under this section and submit a report to the Chief 

8 of Engineers under subsection (d)(4) on or before 

9 the deadline established by paragraph (1) for the 

10 project study, the Chief of Engineers shall continue 

11 the project study for the project that is subject to 

12 peer review by the panel without delay. 

13 (f) RECOMMENDATIONS OF PANEL.— 

14 (1) CONSIDERATION BY THE CHIEF OF ENGI15 NEERS.—After receiving a report on a project study 

16 from a panel of experts under this section and be17 fore entering a final record of decision for the 

18 project, the Chief of Engineers shall consider any 

19 recommendations contained in the report and pre20 pare a written response for any recommendations 

21 adopted or not adopted. 

22 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

23 TO CONGRESS.—After receiving a report on a project 

24 study from a panel of experts under this section, the 

25 Chief of Engineers shall— 


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1 (A) make a copy of the report and any 

2 written response of the Chief of Engineers on 

3 recommendations contained in the report avail4 able to the public; and 

5 (B) transmit to Congress a copy of the re6 port, together with any such written response, 

7 on the date of a final report of the Chief of En8 gineers or other final decision document for a 

9 project study that is subject to peer review by 

10 the panel. 

11 (g) COSTS.— 

12 (1) IN GENERAL.—The costs of a panel of ex13 perts established for a peer review under this sec14 tion— 

15 (A) shall be a Federal expense; and 

16 (B) shall not exceed $500,000. 

17 (2) WAIVER.—The Chief of Engineers may 

18 waive the $500,000 limitation contained in para19 graph (1)(B) in cases that the Chief of Engineers 

20 determines appropriate. 

21 (h) APPLICABILITY.—This section shall apply to— 

22 (1) project studies initiated during the 2-year 

23 period preceding the date of enactment of this Act 

24 and for which the array of alternatives to be consid25 ered has not been identified; and 


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1 (2) project studies initiated during the period 

2 beginning on such date of enactment and ending 4 

3 years after such date of enactment. 

(i) REPORT.—Within 41 4 ⁄2 years of the date of enact5 ment of this section, the Chief of Engineers shall submit 

6 a report to Congress on the implementation of this section. 

7 (j) NONAPPLICABILITY OF FACA.—The Federal Ad8 visory Committee Act (5 U.S.C. App.) shall not apply to 

9 any peer review panel established under this section. 

10 (k) SAVINGS CLAUSE.—Nothing in this section shall 

11 be construed to affect any authority of the Chief of Engi12 neers to cause or conduct a peer review of a water re13 sources project existing on the date of enactment of this 

14 section. 

15 (l) DEFINITIONS.—In this section, the following defi16 nitions apply: 

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

18 study’’ means a feasibility study or reevaluation 

19 study for a project. The term also includes any other 

20 study associated with a modification or update of a 

21 project that includes an environmental impact state22 ment, including the environmental impact statement. 

23 (2) AFFECTED STATE.—The term ‘‘affected 

24 State’’, as used with respect to a project, means a 

25 State all or a portion of which is within the drainage 


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1 basin in which the project is or would be located and 

2 would be economically or environmentally affected as 

3 a consequence of the project. 

4 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi5 ble organization’’ means an organization that— 

6 (A) is described in section 501(c)(3), and 

7 exempt from Federal tax under section 501(a), 

8 of the Internal Revenue Code of 1986; 

9 (B) is independent; 

10 (C) is free from conflicts of interest; 

11 (D) does not carry out or advocate for or 

12 against Federal water resources projects; and 

13 (E) has experience in establishing and ad14 ministering peer review panels. 

15 SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES 

16 PROJECTS. 

17 (a) STUDIES.— 

18 (1) COST-SHARING REQUIREMENTS.—Section 

19 105(a) of the Water Resources Development Act of 

20 1986 (33 U.S.C. 2215(a)) is amended by adding at 

21 the end the following: 

22 ‘‘(3) DETAILED PROJECT REPORTS.—The re23 quirements of this subsection that apply to a feasi24 bility study also shall apply to a study that results 

25 in a detailed project report, except that— 


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1 ‘‘(A) the first $100,000 of the costs of a 

2 study that results in a detailed project report 

3 shall be a Federal expense; and 

4 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

5 to such a study.’’. 

6 (2) PLANNING AND ENGINEERING.—Section 

7 105(b) of such Act (33 U.S.C. 2215(b)) is amended 

8 by striking ‘‘authorized by this Act’’. 

9 (3) DEFINITIONS.—Section 105 of such Act (33 

10 U.S.C. 2215) is amended by adding at the end the 

11 following: 

12 ‘‘(d) DEFINITIONS.—In this section, the following 

13 definitions apply: 

14 ‘‘(1) DETAILED PROJECT REPORT.—The term 

15 ‘detailed project report’ means a report for a project 

16 not specifically authorized by Congress in law or 

17 otherwise that determines the feasibility of the 

18 project with a level of detail appropriate to the scope 

19 and complexity of the recommended solution and 

20 sufficient to proceed directly to the preparation of 

21 contract plans and specifications. The term includes 

22 any associated environmental impact statement and 

23 mitigation plan. For a project for which the Federal 

24 cost does not exceed $1,000,000, the term includes 

25 a planning and design analysis document. 


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1 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasi2 bility study’ means a study that results in a feasi3 bility report under section 905, and any associated 

4 environmental impact statement and mitigation 

5 plan, prepared by the Corps of Engineers for a 

6 water resources project. The term includes a study 

7 that results in a project implementation report pre8 pared under title VI of the Water Resources Devel9 opment Act of 2000 (114 Stat. 2680–2694), a gen10 eral reevaluation report, and a limited reevaluation 

11 report.’’. 

12 (b) REPORTS.— 

13 (1) PREPARATION.—Section 905(a) of the 

14 Water Resources Development Act of 1986 (33 

15 U.S.C. 2282(a)) is amended— 

16 (A) by striking ‘‘(a) In the case of any’’ 

17 and inserting the following: 

18 ‘‘(a) PREPARATION OF REPORTS.— 

19 ‘‘(1) IN GENERAL.—In the case of any’’; 

20 (B) by striking ‘‘the Secretary, the Sec21 retary shall’’ and inserting ‘‘the Secretary that 

22 results in recommendations concerning a 

23 project or the operation of a project and that 

24 requires specific authorization by Congress in 


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1 law or otherwise, the Secretary shall perform a 

2 reconnaissance study and’’; 

3 (C) by striking ‘‘Such feasibility report’’ 

4 and inserting the following: 

5 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

6 feasibility report’’; 

7 (D) by striking ‘‘The feasibility report’’ 

8 and inserting ‘‘A feasibility report’’; and 

9 (E) by striking the last sentence and in10 serting the following: 

11 ‘‘(3) APPLICABILITY.—This subsection shall not 

12 apply to— 

13 ‘‘(A) any study with respect to which a re14 port has been submitted to Congress before the 

15 date of enactment of this Act; 

16 ‘‘(B) any study for a project, which project 

17 is authorized for construction by this Act and 

18 is not subject to section 903(b); 

19 ‘‘(C) any study for a project which does 

20 not require specific authorization by Congress 

21 in law or otherwise; and 

22 ‘‘(D) general studies not intended to lead 

23 to recommendation of a specific water resources 

24 project. 


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1 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

2 subsection, the term ‘feasibility report’ means each 

3 feasibility report, and any associated environmental 

4 impact statement and mitigation plan, prepared by 

5 the Corps of Engineers for a water resources 

6 project. The term includes a project implementation 

7 report prepared under title VI of the Water Re8 sources Development Act of 2000 (114 Stat. 2680– 

9 2694), a general reevaluation report, and a limited 

10 reevaluation report.’’. 

11 (2) PROJECTS NOT SPECIFICALLY AUTHORIZED

12 BY CONGRESS.—Section 905 of such Act is further 

13 amended— 

14 (A) in subsection (b) by inserting ‘‘RECON15 NAISSANCE STUDIES.—’’ before ‘‘Before initi16 ating’’; 

17 (B) by redesignating subsections (c), (d), 

18 and (e) as subsections (d), (e), and (f), respec19 tively; 

20 (C) by inserting after subsection (b) the 

21 following: 

22 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

23 CONGRESS.—In the case of any water resources project24 related study authorized to be undertaken by the Sec25 retary without specific authorization by Congress in law 


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1 or otherwise, the Secretary shall prepare a detailed project 

2 report.’’; 

3 (D) in subsection (d) (as so redesignated) 

4 by inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For 

5 purposes of’’; and 

6 (E) in subsection (e) (as so redesignated) 

7 by inserting ‘‘STANDARD AND UNIFORM PRO8 CEDURES AND PRACTICES.—’’ before ‘‘The Sec9 retary shall’’. 

10 SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT. 

11 (a) IN GENERAL.—In conducting a feasibility study 

12 for the project for navigation, Atchafalaya River, Bayous 

13 Chene, Boeuf, and Black, Louisiana, being conducted 

14 under section 430 of the Water Resources Development 

15 Act of 2000 (114 Stat. 2639), the Secretary shall include 

16 in the calculation of national economic development bene17 fits all economic benefits associated with contracts for new 

18 energy exploration and contracts for the fabrication of en19 ergy infrastructure that would result from carrying out 

20 the project. 

21 (b) REPEAL.—Section 6009 of the Emergency Sup22 plemental Appropriations Act for Defense, the Global War 

23 on Terror, and Tsunami Relief, 2005 (Public Law 109– 

24 13; 119 Stat. 282) is repealed. 


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1 TITLE III—PROJECT-RELATED 

2 PROVISIONS 

3 SEC. 3001. KING COVE HARBOR, ALASKA. 

4 The maximum amount of Federal funds that may be 

5 expended for the project for navigation, King Cove Har6 bor, Alaska, being carried out under section 107 of the 

7 River and Harbor Act of 1960 (33 U.S.C. 577), shall be 

8 $8,000,000. 

9 SEC. 3002. SITKA, ALASKA. 

10 The Sitka, Alaska, element of the project for naviga11 tion, Southeast Alaska Harbors of Refuge, Alaska, author12 ized by section 101(1) of the Water Resources Develop13 ment Act of 1992 (106 Stat. 4801), is modified to direct 

14 the Secretary to take such action as is necessary to correct 

15 design deficiencies in the Sitka Harbor Breakwater, at full 

16 Federal expense. The estimated cost is $6,300,000. 

17 SEC. 3003. TATITLEK, ALASKA. 

18 The maximum amount of Federal funds that may be 

19 expended for the project for navigation, Tatitlek, Alaska, 

20 being carried out under section 107 of the River and Har21 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 

22 SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA. 

23 The project for flood damage reduction, Rio De Flag, 

24 Flagstaff, Arizona, authorized by section 101(b)(3) of the 

25 Water Resources Development Act of 2000 (114 Stat. 


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1 2576), is modified to authorize the Secretary to construct 

2 the project at a total cost of $54,100,000, with an esti3 mated Federal cost of $35,000,000 and a non-Federal cost 

4 of $19,100,000. 

5 SEC. 3005. OSCEOLA HARBOR, ARKANSAS. 

6 (a) IN GENERAL.—The project for navigation, Osce7 ola Harbor, Arkansas, constructed under section 107 of 

8 the River and Harbor Act of 1960 (33 U.S.C. 577), is 

9 modified to allow non-Federal interests to construct a 

10 mooring facility within the existing authorized harbor 

11 channel, subject to all necessary permits, certifications, 

12 and other requirements. 

13 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

14 Nothing in this section shall be construed as affecting the 

15 responsibility of the Secretary to maintain the general 

16 navigation features of the project at a bottom width of 

17 250 feet. 

18 SEC. 3006. PINE MOUNTAIN DAM, ARKANSAS. 

19 The Pine Mountain Dam feature of the project for 

20 flood protection, Lee Creek, Arkansas and Oklahoma, au21 thorized by section 204 of the Flood Control Act of 1965 

22 (79 Stat. 1078), is modified— 

23 (1) to add environmental restoration as a 

24 project purpose; and 


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1 (2) to direct the Secretary to finance the non2 Federal share of the cost of the project over a 30- 

3 year period in accordance with section 103(k) of the 

4 Water Resources Development Act of 1986 (33 

5 U.S.C. 2213(k)). 

6 SEC. 3007. AMERICAN AND SACRAMENTO RIVERS, CALI7 FORNIA. . 

8 (a) IN GENERAL.—The project for flood control, 

9 American and Sacramento Rivers, California, authorized 

10 by section 101(a)(6)(A) of the Water Resources Develop11 ment Act of 1999 (113 Stat. 274), as modified by section 

12 128 of the Energy and Water Development Appropriations 

13 Act, 2006 (119 Stat. 2259), is further modified to author14 ize the Secretary to construct the auxiliary spillway gen15 erally in accordance with the Post Authorization Change 

16 Report, American River Watershed Project (Folsom Dam 

17 Modification and Folsom Dam Raise Projects), dated De18 cember 2006, at a total cost of $683,000,000, with an es19 timated Federal cost of $444,000,000 and an estimated 

20 non-Federal cost of $239,000,000. 

21 (b) DAM SAFETY ACTIVITIES.—Nothing in this sec22 tion shall be construed to limit the authority of the Sec23 retary of the Interior to carry out dam safety activities 

24 in connection with the auxiliary spillway in accordance 

25 with the Bureau of Reclamation Safety of Dams Program. 


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1 (c) TRANSFER OF FUNDS.—The Secretary and the 

2 Secretary of the Interior are authorized to transfer be3 tween their respective agencies appropriated amounts and 

4 other available funds (including funds contributed by non5 Federal interests) for the purpose of planning, design, and 

6 construction of the auxiliary spillway. Any transfer made 

7 pursuant to this subsection shall be subject to such terms 

8 and conditions as agreed upon by the Secretary and the 

9 Secretary of the Interior. 

10 SEC. 3008. COMPTON CREEK, CALIFORNIA. 

11 The project for flood control, Los Angeles Drainage 

12 Area, California, authorized by section 101(b) of the 

13 Water Resources Development Act of 1990 (104 Stat. 

14 4611), is modified to add environmental restoration and 

15 recreation as project purposes. 

16 SEC. 3009. GRAYSON CREEK/MURDERER’S CREEK, CALI17 FORNIA. 

18 The project for aquatic ecosystem restoration, Gray19 son Creek/Murderer’s Creek, California, being carried out 

20 under section 206 of the Water Resources Development 

21 Act of 1996 (33 U.S.C. 2330), is modified— 

22 (1) to direct the Secretary to credit toward the 

23 non-Federal share of the cost of the project the cost 

24 of work carried out by the non-Federal interest be25 fore the date of the partnership agreement for the 


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1 project if the Secretary determines that the work is 

2 integral to the project; and 

3 (2) to authorize the Secretary to consider na4 tional ecosystem restoration benefits in determining 

5 the Federal interest in the project. 

6 SEC. 3010. HAMILTON AIRFIELD, CALIFORNIA. 

7 The project for environmental restoration, Hamilton 

8 Airfield, California, authorized by section 101(b)(3) of the 

9 Water Resources Development Act of 1999 (113 Stat. 

10 279), is modified to direct the Secretary to construct the 

11 project substantially in accordance with the report of the 

12 Chief of Engineers dated July 19, 2004, at a total cost 

13 of $228,100,000, with an estimated Federal cost of 

14 $171,100,000 and an estimated non-Federal cost of 

15 $57,000,000. 

16 SEC. 3011. JOHN F. BALDWIN SHIP CHANNEL AND STOCK17 TON SHIP CHANNEL, CALIFORNIA. 

18 The project for navigation, San Francisco to Stock19 ton, California, authorized by section 301 of the River and 

20 Harbor Act of 1965 (79 Stat. 1091) is modified— 

21 (1) to provide that the non-Federal share of the 

22 cost of the John F. Baldwin Ship Channel and 

23 Stockton Ship Channel element of the project may 

24 be provided in the form of in-kind services and ma25 terials; and 


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1 (2) to direct the Secretary to credit toward the 

2 non-Federal share of the cost of such element the 

3 cost of planning and design work carried out by the 

4 non-Federal interest before the date of an agreement 

5 for such planning and design if the Secretary deter6 mines that such work is integral to such element. 

7 SEC. 3012. KAWEAH RIVER, CALIFORNIA. 

8 The project for flood control, Terminus Dam, 

9 Kaweah River, California, authorized by section 101(b)(5) 

10 of the Water Resources Development Act of 1996 (110 

11 Stat. 3658), is modified to direct the Secretary to credit 

12 toward the non-Federal share of the cost of the project, 

13 or provide reimbursement not to exceed $800,000, for the 

14 costs of any work carried out by the non-Federal interest 

15 before, on, or after the date of the project partnership 

16 agreement if the Secretary determines that the work is 

17 integral to the project. 

18 SEC. 3013. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI19 FORNIA. 

20 The project for navigation, Larkspur Ferry Channel, 

21 Larkspur, California, authorized by section 601(d) of the 

22 Water Resources Development Act of 1986 (100 Stat. 

23 4148), is modified to direct the Secretary to determine 

24 whether maintenance of the project is feasible, and if the 


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1 Secretary determines that maintenance of the project is 

2 feasible, to carry out such maintenance. 

3 SEC. 3014. LLAGAS CREEK, CALIFORNIA. 

4 (a) IN GENERAL.—The project for flood damage re5 duction, Llagas Creek, California, authorized by section 

6 501(a) of the Water Resources Development Act of 1999 

7 (113 Stat. 333), is modified to authorize the Secretary 

8 to carry out the project at a total cost of $105,000,000, 

9 with an estimated Federal cost of $65,000,000, and an 

10 estimated non-Federal cost of $40,000,000. 

11 (b) SPECIAL RULE.—In evaluating and implementing 

12 the project, the Secretary shall allow the non-Federal in13 terest to participate in the financing of the project in ac14 cordance with section 903(c) of the Water Resources De15 velopment Act of 1986 (100 Stat. 4184) to the extent that 

16 the Secretary’s evaluation indicates that applying such 

17 section is necessary to implement the project. 

18 SEC. 3015. MAGPIE CREEK, CALIFORNIA. 

19 (a) IN GENERAL.—The project for Magpie Creek, 

20 California, authorized under section 205 of the Flood Con21 trol Act of 1948 (33 U.S.C. 701s), is modified to direct 

22 the Secretary to apply the cost-sharing requirements of 

23 section 103(b) of the Water Resources Development Act 

24 of 1986 (100 Stat. 4085) for the portion of the project 


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1 consisting of land acquisition to preserve and enhance ex2 isting floodwater storage. 

3 (b) CREDIT.—The Secretary shall credit toward the 

4 non-Federal share of the cost of the project the cost of 

5 planning and design work carried out by the non-Federal 

6 interest before the date of the partnership agreement for 

7 the project if the Secretary determines that the work is 

8 integral to the project. 

9 SEC. 3016. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI10 FORNIA. 

11 The project for aquatic ecosystem restoration, Pacific 

12 Flyway Center, Sacramento, California, being carried out 

13 under section 206 of the Water Resources Development 

14 Act of 1996 (33 U.S.C. 2330), is modified to authorize 

15 the Secretary to expend $2,000,000 to enhance public ac16 cess to the project. 

17 SEC. 3017. PINOLE CREEK, CALIFORNIA. 

18 The project for improvement of the quality of the en19 vironment, Pinole Creek Phase I, California, being carried 

20 out under section 1135 of the Water Resources Develop21 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

22 the Secretary to credit toward the non-Federal share of 

23 the cost of the project the cost of work carried out by 

24 the non-Federal interest before the date of the partnership 


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1 agreement for the project if the Secretary determines that 

2 the work is integral to the project. 

3 SEC. 3018. PRADO DAM, CALIFORNIA. 

4 Upon completion of the modifications to the Prado 

5 Dam element of the project for flood control, Santa Ana 

6 River Mainstem, California, authorized by section 401(a) 

7 of the Water Resources Development Act of 1986 (100 

8 Stat. 4113), the Memorandum of Agreement for the Oper9 ation for Prado Dam for Seasonal Additional Water Con10 servation between the Department of the Army and the 

11 Orange County Water District (including all the condi12 tions and stipulations in the memorandum) shall remain 

13 in effect for volumes of water made available prior to such 

14 modifications. 

15 SEC. 3019. SACRAMENTO AND AMERICAN RIVERS FLOOD 

16 CONTROL, CALIFORNIA. 

17 (a) DETERMINATION OF FEDERAL COSTS PAID BY

18 NON-FEDERAL INTEREST.— 

19 (1) FEDERAL COSTS PAID BY NON-FEDERAL IN20 TEREST.—The Secretary shall determine the amount 

21 paid by the Sacramento Area Flood Control Agency 

22 towards the Federal share of the cost of the project 

23 for the Natomas levee features authorized by section 

24 9159(b) of the Department of Defense Appropria25 tions Act, 1993 (106 Stat. 1944) of the project for 


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1 flood control and recreation, Sacramento and Amer2 ican Rivers, California. 

3 (2) REIMBURSEMENTS TO NON-FEDERAL IN4 TEREST.—The Secretary shall determine the amount 

5 of reimbursements paid to the Sacramento Flood 

6 Control Agency for payment of the Federal share of 

7 the cost of the project referred to in paragraph (1). 

8 (3) DETERMINATION OF FEDERAL SHARE.—In 

9 carrying out paragraph (1), the Secretary shall in10 clude in the total cost of the project all costs of the 

11 following activities that the Secretary determines to 

12 be integral to the project: 

13 (A) Planning, engineering, and construc14 tion. 

15 (B) Acquisition of project lands, ease16 ments, and rights-of-way. 

17 (C) Performance of relocations. 

18 (D) Environmental mitigation for all 

19 project elements. 

20 (b) CREDIT.— 

21 (1) IN GENERAL.—The Secretary shall credit 

22 toward the non-Federal share of the cost of any 

23 flood damage reduction project, authorized before 

24 the date of enactment of this Act, for which the non25 Federal interest is the Sacramento Area Flood ConVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 trol Agency an amount equal to the total amount de2 termined under subsection (a)(1) reduced by the 

3 amount determined under subsection (a)(2). 

4 (2) ALLOCATION OF CREDIT.—The Secretary 

5 shall allocate the amount to be credited under para6 graph (1) toward the non-Federal share of such 

7 projects as are requested by the Sacramento Area 

8 Flood Control Agency. 

9 SEC. 3020. SACRAMENTO DEEP WATER SHIP CHANNEL, 

10 CALIFORNIA. 

11 The project for navigation, Sacramento Deep Water 

12 Ship Channel, California, authorized by section 202(a) of 

13 the Water Resources Development Act of 1986 (100 Stat. 

14 4092), is modified to direct the Secretary to credit toward 

15 the non-Federal share of the cost of the project the cost 

16 of planning and design work carried out by the non-Fed17 eral interest before the date of the partnership agreement 

18 for the project if the Secretary determines that the work 

19 is integral to the project. 

20 SEC. 3021. SEVEN OAKS DAM, CALIFORNIA. 

21 The project for flood control, Santa Ana Mainstem, 

22 authorized by section 401(a) of the Water Resources De23 velopment Act of 1986 (100 Stat. 4113) and modified by 

24 section 104 of the Energy and Water Development Appro25 priations Act, 1988 (101 Stat. 1329–11), section 102(e) 


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1 of the Water Resources Development Act of 1990 (104 

2 Stat. 4611), and section 311 of the Water Resources De3 velopment Act of 1996 (110 Stat. 3713), is further modi4 fied to direct the Secretary to conduct a study for the re5 allocation of water storage at the Seven Oaks Dam, Cali6 fornia, for water conservation. 

7 SEC. 3022. UPPER GUADALUPE RIVER, CALIFORNIA. 

8 The project for flood damage reduction and recre9 ation, Upper Guadalupe River, California, authorized by 

10 section 101(a)(9) of the Water Resources Development 

11 Act of 1999 (113 Stat. 275), is modified to authorize the 

12 Secretary to construct the project generally in accordance 

13 with the Upper Guadalupe River Flood Damage Reduc14 tion, San Jose, California, Limited Reevaluation Report, 

15 dated March, 2004, at a total cost of $244,500,000. 

16 SEC. 3023. WALNUT CREEK CHANNEL, CALIFORNIA. 

17 The project for aquatic ecosystem restoration, Wal18 nut Creek Channel, California, being carried out under 

19 section 206 of the Water Resources Development Act of 

20 1996 (33 U.S.C. 2330), is modified— 

21 (1) to direct the Secretary to credit toward the 

22 non-Federal share of the cost of the project the cost 

23 of work carried out by the non-Federal interest be24 fore the date of the partnership agreement for the 


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1 project if the Secretary determines that the work is 

2 integral to the project; and 

3 (2) to authorize the Secretary to consider na4 tional ecosystem restoration benefits in determining 

5 the Federal interest in the project. 

6 SEC. 3024. WILDCAT/SAN PABLO CREEK PHASE I, CALI7 FORNIA. 

8 The project for improvement of the quality of the en9 vironment, Wildcat/San Pablo Creek Phase I, California, 

10 being carried out under section 1135 of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2309a), is 

12 modified to direct the Secretary to credit toward the non13 Federal share of the cost of the project the cost of work 

14 carried out by the non-Federal interest before the date of 

15 the partnership agreement for the project if the Secretary 

16 determines that the work is integral to the project. 

17 SEC. 3025. WILDCAT/SAN PABLO CREEK PHASE II, CALI18 FORNIA. 

19 The project for aquatic ecosystem restoration, Wild20 cat/San Pablo Creek Phase II, California, being carried 

21 out under section 206 of the Water Resources Develop22 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 

23 the Secretary to credit toward the non-Federal share of 

24 the cost of the project the cost of work carried out by 

25 the non-Federal interest before the date of the partnership 


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1 agreement for the project if the Secretary determines that 

2 the work is integral to the project and to authorize the 

3 Secretary to consider national ecosystem restoration bene4 fits in determining the Federal interest in the project. 

5 SEC. 3026. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

6 The project for flood damage reduction, Yuba River 

7 Basin, California, authorized by section 101(a)(10) of the 

8 Water Resources Development Act of 1999 (113 Stat. 

9 275), is modified— 

10 (1) to authorize the Secretary to construct the 

11 project at a total cost of $107,700,000, with an esti12 mated Federal cost of $70,000,000 and an esti13 mated non-Federal cost of $37,700,000; and 

14 (2) to direct the Secretary to credit toward the 

15 non-Federal share of the cost of the project the cost 

16 of work carried out by the non-Federal interest be17 fore the date of the partnership agreement for the 

18 project if the Secretary determines that the work is 

19 integral to the project. 

20 SEC. 3027. SOUTH PLATTE RIVER BASIN, COLORADO. 

21 Section 808 of the Water Resources Development Act 

22 of 1986 (100 Stat. 4168) is amended by striking ‘‘agri23 culture,’’ and inserting ‘‘agriculture, environmental res24 toration,’’. 


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1 SEC. 3028. INTRACOASTAL WATERWAY, DELAWARE RIVER 

2 TO CHESAPEAKE BAY, DELAWARE AND MARY3 LAND. 

4 The project for navigation, Intracoastal Waterway, 

5 Delaware River to Chesapeake Bay, Delaware and Mary6 land, authorized by the first section of the Rivers and Har7 bors Act of August 30, 1935 (49 Stat. 1030), and section 

8 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

9 is modified to add recreation as a project purpose. 

10 SEC. 3029. BROWARD COUNTY AND HILLSBORO INLET, 

11 FLORIDA. 

12 The project for shore protection, Broward County 

13 and Hillsboro Inlet, Florida, authorized by section 301 of 

14 the River and Harbor Act of 1965 (79 Stat. 1090), and 

15 modified by section 311 of the Water Resources Develop16 ment Act of 1999 (113 Stat. 301), is further modified to 

17 direct the Secretary to credit toward the non-Federal 

18 share of the cost of the project the cost of mitigation con19 struction and derelict erosion control structure removal 

20 carried out by the non-Federal interest before the date of 

21 the partnership agreement for the project if the Secretary 

22 determines that the work is integral to the project. 

23 SEC. 3030. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

24 The project for shore protection, Gasparilla and 

25 Estero Island segments, Lee County, Florida, authorized 

26 by section 201 of the Flood Control Act of 1965 (79 Stat. 


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1 1073), by Senate Resolution dated December 17, 1970, 

2 and by House Resolution dated December 15, 1970, and 

3 modified by section 309 of the Water Resources Develop4 ment Act of 2000 (114 Stat. 2602), is further modified 

5 to direct the Secretary to credit toward the non-Federal 

6 share of the cost of the project the cost of work carried 

7 out by the non-Federal interest before the date of the part8 nership agreement for the project if the Secretary deter9 mines that the work is integral to the project. 

10 SEC. 3031. JACKSONVILLE HARBOR, FLORIDA. 

11 (a) IN GENERAL.—The project for navigation, Jack12 sonville Harbor, Florida, authorized by section 101(a)(17) 

13 of the Water Resources Development Act of 1999 (113 

14 Stat. 276), is modified to authorize the Secretary to ex15 tend the navigation features in accordance with the Report 

16 of the Chief of Engineers, dated July 22, 2003, at a total 

17 cost of $14,658,000, with an estimated Federal cost of 

18 $9,636,000 and an estimated non-Federal cost of 

19 $5,022,000. 

20 (b) GENERAL REEVALUATION REPORTS.—The non21 Federal share of the cost of the general reevaluation re22 port that resulted in the report of the Chief of Engineers 

23 for the project and the non-Federal share of the cost of 

24 the general reevaluation report for Jacksonville Harbor, 

25 Florida, being conducted on June 1, 2005, shall each be 


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1 the same percentage as the non-Federal share of the cost 

2 of construction of the project. 

3 (c) AGREEMENT.—The Secretary shall enter into new 

4 partnership agreements with the non-Federal interest to 

5 reflect the cost sharing required by subsection (b). 

6 SEC. 3032. LIDO KEY BEACH, SARASOTA, FLORIDA. 

7 (a) IN GENERAL.—The project for shore protection, 

8 Lido Key Beach, Sarasota, Florida, authorized by section 

9 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

10 deauthorized under section 1001(b) of the Water Re11 sources Development Act of 1986 (33 U.S.C. 579a(b)), 

12 and reauthorized by section 364(2)(A) of the Water Re13 sources Development Act of 1999 (113 Stat. 313), is 

14 modified to direct the Secretary to construct the project 

15 substantially in accordance with the report of the Chief 

16 of Engineers dated December 22, 2004, at a total cost 

17 of $15,190,000, with an estimated Federal cost of 

18 $9,320,000 and an estimated non-Federal cost of 

19 $5,870,000, and at an estimated total cost of $65,000,000 

20 for periodic nourishment over the 50-year life of the 

21 project. 

22 (b) CONSTRUCTION OF SHORELINE PROTECTION

23 PROJECTS BY NON-FEDERAL INTERESTS.—The Sec24 retary shall enter into a partnership agreement with the 

25 non-Federal interest in accordance with section 206 of the 


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1 Water Resources Development Act of 1992 (33 U.S.C. 

2 426i–1) for the modified project. 

3 SEC. 3033. MIAMI HARBOR, FLORIDA. 

4 The project for navigation, Miami Harbor Channel, 

5 Florida, authorized by section 101(a)(9) of the Water Re6 sources Development Act of 1990 (104 Stat. 4606) and 

7 modified by section 315 of the Water Resources Develop8 ment Act of 1999 (113 Stat. 302), is further modified— 

9 (1) to include as a project purpose environ10 mental mitigation required before July 18, 2003, by 

11 a Federal, State, or local environmental agency for 

12 unauthorized or unanticipated environmental im13 pacts within, or in the vicinity of, the authorized 

14 project; and 

15 (2) to direct the Secretary to reimburse the 

16 non-Federal interest for the Federal share of the 

17 costs the non-Federal interest has incurred in con18 struction of the project (including environmental 

19 mitigation costs and costs incurred for incomplete 

20 usable increments of the project) in accordance with 

21 section 204 of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2232). 

23 SEC. 3034. PEANUT ISLAND, FLORIDA. 

24 The maximum amount of Federal funds that may be 

25 expended for the project for improvement of the quality 


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1 of the environment, Peanut Island, Palm Beach County, 

2 Florida, being carried out under section 1135 of the Water 

3 Resources Development Act of 1986 (33 U.S.C. 2309a) 

4 shall be $9,750,000. 

5 SEC. 3035. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

6 The project for navigation, Tampa Harbor-Big Bend 

7 Channel, Florida, authorized by section 101(a)(18) of the 

8 Water Resources Development Act of 1999 (113 Stat. 

9 276) is modified to direct the Secretary to credit toward 

10 the non-Federal share of the cost of the project the cost 

11 of planning, design, and construction work carried out by 

12 the non-Federal interest before the date of the partnership 

13 agreement for the project if the Secretary determines that 

14 the work is integral to the project. 

15 SEC. 3036. TAMPA HARBOR CUT B, FLORIDA. 

16 (a) IN GENERAL.—The project for navigation, 

17 Tampa Harbor, Florida, authorized by section 101 of the 

18 River and Harbor Act of 1970 (84 Stat. 1818), is modified 

19 to authorize the Secretary to construct passing lanes in 

20 an area approximately 3.5 miles long and centered on 

21 Tampa Harbor Cut B if the Secretary determines that 

22 such improvements are necessary for navigation safety. 

23 (b) GENERAL REEVAULATION REPORT.—The non24 Federal share of the cost of the general reevaluation re25 port for Tampa Harbor, Florida, being conducted on June 


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1 1, 2005, shall be the same percentage as the non-Federal 

2 share of the cost of construction of the project. 

3 (c) AGREEMENT.—The Secretary shall enter into a 

4 new partnership agreement with the non-Federal interest 

5 to reflect the cost sharing required by subsection (b). 

6 SEC. 3037. ALLATOONA LAKE, GEORGIA. 

7 (a) LAND EXCHANGE.— 

8 (1) IN GENERAL.—The Secretary may exchange 

9 lands above 863 feet in elevation at Allatoona Lake, 

10 Georgia, identified in the Real Estate Design Memo11 randum prepared by the Mobile district engineer, 

12 April 5, 1996, and approved October 8, 1996, for 

13 lands on the north side of Allatoona Lake that are 

14 needed for wildlife management and for protection 

15 of the water quality and overall environment of 

16 Allatoona Lake. 

17 (2) TERMS AND CONDITIONS.—The basis for all 

18 land exchanges under this subsection shall be a fair 

19 market appraisal so that lands exchanged are of 

20 equal value. 

21 (b) DISPOSAL AND ACQUISITION OF LANDS, 

22 ALLATOONA LAKE, GEORGIA.— 

23 (1) IN GENERAL.—The Secretary may also sell 

24 lands above 863 feet in elevation at Allatoona Lake, 

25 Georgia, identified in the memorandum referred to 


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1 in subsection (a)(1) and may use the proceeds to 

2 pay costs associated with the purchase of lands 

3 needed for wildlife management and for protection 

4 of the water quality and overall environment of 

5 Allatoona Lake. 

6 (2) TERMS AND CONDITIONS.—Land sales and 

7 purchases to be conducted under this subsection 

8 shall be subject to the following terms and condi9 tions: 

10 (A) Lands acquired under this subsection 

11 shall be by negotiated purchase from willing 

12 sellers only. 

13 (B) The basis for all transactions under 

14 the program shall be a fair market appraisal 

15 acceptable to the Secretary. 

16 (C) The purchasers shall share in the asso17 ciated real estate costs, to include surveys and 

18 associated fees in accordance with the memo19 randum referred to in subsection (a)(1). 

20 (D) Any other conditions that the Sec21 retary may impose. 

22 (c) REPEAL.—Section 325 of the Water Resources 

23 Development Act of 1992 (106 Stat. 4849) is repealed. 


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1 SEC. 3038. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

2 The maximum amount of Federal funds that may be 

3 expended for the project for improvement of the quality 

4 of the environment, Latham River, Glynn County, Geor5 gia, being carried out under section 1135 of the Water 

6 Resources Development Act of 1986 (33 U.S.C. 2309a) 

7 shall be $6,175,000. 

8 SEC. 3039. DWORSHAK DAM AND RESERVOIR IMPROVE9 MENTS, IDAHO. 

10 The Secretary may carry out improvements to rec11 reational facilities at the Dworshak Dam and Reservoir, 

12 North Fork, Clearwater River, Idaho, authorized by sec13 tion 203 of the Flood Control Act of 1962 (76 Stat. 1193), 

14 to accommodate lower pool levels. 

15 SEC. 3040. BEARDSTOWN COMMUNITY BOAT HARBOR, 

16 BEARDSTOWN, ILLINOIS. 

17 (a) IN GENERAL.—The project for navigation, 

18 Muscooten Bay, Illinois River, Beardstown Community 

19 Boat Harbor, Beardstown, Illinois, constructed under sec20 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

21 577), is modified— 

22 (1) to include the channel between the harbor 

23 and the Illinois River; and 

24 (2) to direct the Secretary to enter into a part25 nership agreement with the city of Beardstown to 

26 replace the local cooperation agreement dated AuVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 gust 18, 1983, with the Beardstown Community 

2 Park District. 

3 (b) TERMS OF PARTNERSHIP AGREEMENT.—The 

4 partnership agreement referred to in subsection (a) shall 

5 include the same rights and responsibilities as the local 

6 cooperation agreement dated August 18, 1983, changing 

7 only the identity of the non-Federal sponsor. 

8 (c) MAINTENANCE.—Following execution of the part9 nership agreement referred to in subsection (a), the Sec10 retary may carry out maintenance of the project referred 

11 to in subsection (a) on an annual basis. 

12 SEC. 3041. CACHE RIVER LEVEE, ILLINOIS. 

13 The Cache River Levee constructed for flood control 

14 at the Cache River, Illinois, and authorized by the Act of 

15 June 28, 1938 (52 Stat. 1217), is modified to add envi16 ronmental restoration as a project purpose. 

17 SEC. 3042. CHICAGO RIVER, ILLINOIS. 

18 The navigation channel for the North Branch Canal 

19 portion of the Chicago River, authorized by the first sec20 tion of the Rivers and Harbors Appropriations Act of 

21 March 3, 1899 (30 Stat. 1129), extending from 100 feet 

22 downstream of the Halsted Street Bridge to 100 feet up23 stream of the Division Street Bridge is modified to be no 

24 wider than 66 feet. 


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1 SEC. 3043. CHICAGO SANITARY AND SHIP CANAL DIS2 PERSAL BARRIERS PROJECT, ILLINOIS. 

3 (a) TREATMENT AS SINGLE PROJECT.—The Chicago 

4 Sanitary and Ship Canal Dispersal Barrier Project (in this 

5 section referred to as ‘‘Barrier I’’) (as in existence on the 

6 date of enactment of this Act), constructed as a dem7 onstration project under section 1202(i)(3) of the Non8 indigenous Aquatic Nuisance Prevention and Control Act 

9 of 1990 (16 U.S.C. 4722(i)(3)), and the project relating 

10 to the Chicago Sanitary and Ship Canal Dispersal Barrier, 

11 authorized by section 345 of the District of Columbia Ap12 propriations Act, 2005 (Public Law 108–335; 118 Stat. 

13 1352) (in this section referred to as ‘‘Barrier II’’), shall 

14 be considered to constitute a single project. 

15 (b) AUTHORIZATION.— 

16 (1) IN GENERAL.—The Secretary, at Federal 

17 expense, shall— 

18 (A) upgrade and make permanent Barrier 

19 I; 

20 (B) construct Barrier II, notwithstanding 

21 the project cooperation agreement with the 

22 State of Illinois dated June 14, 2005; 

23 (C) operate and maintain Barrier I and 

24 Barrier II as a system to optimize effectiveness; 

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1 mental entities, a study of a range of options 

2 and technologies for reducing impacts of haz3 ards that may reduce the efficacy of the Bar4 riers; and 

5 (E) provide to each State a credit in an 

6 amount equal to the amount of funds contrib7 uted by the State toward Barrier II. 

8 (2) USE OF CREDIT.—A State may apply a 

9 credit provided to the State under paragraph (1)(E) 

10 to any cost sharing responsibility for an existing or 

11 future Federal project carried out by the Secretary 

12 in the State. 

13 (c) CONFORMING AMENDMENT.—Section 345 of the 

14 District of Columbia Appropriations Act, 2005 (Public 

15 Law 108–335; 118 Stat. 1352), is amended to read as 

16 follows: 

17 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DIS18 PERSAL BARRIER, ILLINOIS. 

19 ‘‘There are authorized to be appropriated such sums 

20 as may be necessary to carry out the Barrier II project 

21 of the project for the Chicago Sanitary and Ship Canal 

22 Dispersal Barrier, Illinois, initiated pursuant to section 

23 1135 of the Water Resources Development Act of 1986 

24 (33 U.S.C. 2294 note; 100 Stat. 4251).’’. 


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1 (d) FEASIBILITY STUDY.—The Secretary, in con2 sultation with appropriate Federal, State, local, and non3 governmental entities, shall conduct, at Federal expense, 

4 a feasibility study of the range of options and technologies 

5 available to prevent the spread of aquatic nuisance species 

6 between the Great Lakes and Mississippi River Basins 

7 through the Chicago Sanitary and Ship Canal and other 

8 pathways. 

9 SEC. 3044. EMIQUON, ILLINOIS. 

10 (a) MAXIMUM AMOUNT.—The maximum amount of 

11 Federal funds that may be expended for the project for 

12 aquatic ecosystem restoration, Emiquon, Illinois, being 

13 carried out under section 206 of the Water Resources De14 velopment Act of 1996 (33 U.S.C. 2330), shall be 

15 $7,500,000. 

16 (b) LIMITATION.—Nothing in this section shall affect 

17 the eligibility of the project for emergency repair assist18 ance under section 5(a) of the Act entitled ‘‘An Act au19 thorizing the construction of certain public works on rivers 

20 and harbors for flood control, and for other purposes’’, 

21 approved August 18, 1941 (33 U.S.C. 701n). 

22 SEC. 3045. LASALLE, ILLINOIS. 

23 In carrying out section 312 of the Water Resources 

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1 retary shall give priority to work in the vicinity of LaSalle, 

2 Illinois, on the Illinois and Michigan Canal. 

3 SEC. 3046. SPUNKY BOTTOMS, ILLINOIS. 

4 (a) PROJECT PURPOSE.—The project for flood con5 trol, Spunky Bottoms, Illinois, authorized by section 5 of 

6 the Flood Control Act of June 22, 1936 (49 Stat. 1583), 

7 is modified to add environmental restoration as a project 

8 purpose. 

9 (b) MAXIMUM AMOUNT.—The maximum amount of 

10 Federal funds that may be expended for the project for 

11 improvement of the quality of the environment, Spunky 

12 Bottoms, Illinois, being carried out under section 1135 of 

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

14 2309a), shall be $7,500,000. 

15 (c) LIMITATION.—Nothing in this section shall affect 

16 the eligibility of the project for emergency repair assist17 ance under section 5(a) of the Act entitled ‘‘An Act au18 thorizing the construction of certain public works on rivers 

19 and harbors for flood control, and for other purposes’’, 

20 approved August 18, 1941 (33 U.S.C. 701n). 

21 SEC. 3047. FORT WAYNE AND VICINITY, INDIANA. 

22 The project for flood control Fort Wayne, St. Mary’s 

23 and Maumee Rivers, Indiana, authorized by section 

24 101(a)(11) of the Water Resources Development Act of 

25 1990 (104 Stat. 4604), is modified— 


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1 (1) to direct the Secretary to provide a 100- 

2 year level of flood protection at the Berry-Thieme, 

3 Park-Thompson, Woodhurst, and Tillman sites 

4 along the St. Mary’s River, Fort Wayne and vicinity, 

5 Indiana, at a total cost of $5,300,000; and 

6 (2) to allow the non-Federal interest to partici7 pate in the financing of the project in accordance 

8 with section 903(c) of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4184) to the extent 

10 that the Secretary’s evaluation indicates that apply11 ing such section is necessary to implement the 

12 project. 

13 SEC. 3048. KOONTZ LAKE, INDIANA. 

14 The project for aquatic ecosystem restoration, Koontz 

15 Lake, Indiana, being carried out under section 206 of the 

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

17 2330) and modified by section 520 of the Water Resources 

18 Development Act of 2000 (114 Stat. 2655), is further 

19 modified to direct the Secretary to seek to reduce the cost 

20 of the project by using innovative technologies and cost 

21 reduction measures determined from a review of non-Fed22 eral lake dredging projects in the vicinity of Koontz Lake. 

23 SEC. 3049. WHITE RIVER, INDIANA. 

24 The project for flood control, Indianapolis on West 

25 Fork of White River, Indiana, authorized by section 5 of 


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1 the Act entitled ‘‘An Act authorizing the construction of 

2 certain public works on rivers and harbors for flood con3 trol, and for other purposes’’, approved June 22, 1936 (49 

4 Stat. 1586), and modified by section 323 of the Water 

5 Resources Development Act of 1996 (110 Stat. 3716) and 

6 section 322 of the Water Resources Development Act of 

7 1999 (113 Stat. 303–304), is further modified— 

8 (1) to authorize the Secretary to undertake the 

9 riverfront alterations described in the Central Indi10 anapolis Waterfront Concept Plan, dated February 

11 1994, for the Fall Creek Reach feature at a total 

12 cost of $28,545,000; and 

13 (2) to direct the Secretary to credit toward the 

14 non-Federal share of the cost of the project the cost 

15 of planning, design, and construction work carried 

16 out by the non-Federal interest before the date of 

17 the partnership agreement for the project if the Sec18 retary determines that the work is integral to the 

19 project. 

20 SEC. 3050. DES MOINES RIVER AND GREENBELT, IOWA. 

21 The project for the Des Moines Recreational River 

22 and Greenbelt, Iowa, authorized by Public Law 99–88 and 

23 modified by section 604 of the Water Resources Develop24 ment Act of 1986 (100 Stat. 4153), is modified to include 


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1 enhanced public access and recreational enhancements, at 

2 a Federal cost of $3,000,000. 

3 SEC. 3051. PRESTONSBURG, KENTUCKY. 

4 The Prestonsburg, Kentucky, element of the project 

5 for flood control, Levisa and Tug Fork of the Big Sandy 

6 and Cumberland Rivers, West Virginia, Virginia, and Ken7 tucky, authorized by section 202(a) of the Energy and 

8 Water Development Appropriations Act, 1981 (94 Stat. 

9 1339), is modified to direct the Secretary to take measures 

10 to provide a 100-year level of flood protection for the city 

11 of Prestonsburg. 

12 SEC. 3052. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

13 EAST BATON ROUGE PARISH WATERSHED. 

14 The project for flood damage reduction and recre15 ation, Amite River and Tributaries, Louisiana, East 

16 Baton Rouge Parish Watershed, authorized by section 

17 101(a)(21) of the Water Resources Development Act of 

18 1999 (113 Stat. 277) and modified by section 116 of divi19 sion D of Public Law 108–7 (117 Stat. 140), is further 

20 modified— 

21 (1) to direct the Secretary to carry out the 

22 project with the cost sharing for the project deter23 mined in accordance with section 103(a) of the 

24 Water Resources Development Act of 1986 (33 

25 U.S.C. 2213(a)), as in effect on October 11, 1996; 


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1 (2) to authorize the Secretary to construct the 

2 project at a total cost of $178,000,000; and 

3 (3) to direct the Secretary to credit toward the 

4 non-Federal share of the cost of the project the cost 

5 of work carried out by the non-Federal interest be6 fore the date of the partnership agreement for the 

7 project if the Secretary determines that the work is 

8 integral to the project. 

9 SEC. 3053. ATCHAFALAYA BASIN, LOUISIANA. 

10 (a) IN GENERAL.—Section 315(a)(1) of the Water 

11 Resources Development Act of 2000 (114 Stat. 2603– 

12 2604) is amended to read as follows: 

13 ‘‘(1) is authorized to study, design, construct, 

14 operate, and maintain, at Federal expense, a Type 

15 A Regional Visitor Center in the vicinity of Morgan 

16 City, Louisiana, in consultation with the State of 

17 Louisiana, to provide information to the public on 

18 the Atchafalaya River system and other associated 

19 waterways that have influenced surrounding commu20 nities, and national and local water resources devel21 opment of the Army Corps of Engineers in South 

22 Central Louisiana; and’’. 

23 (b) TECHNICAL CORRECTION.—Section 315(b) of 

24 such Act is amended by striking ‘‘(a)’’ and inserting 

25 ‘‘(a)(2)’’. 


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1 (c) DONATIONS.—Section 315 of such Act is amend2 ed by adding at the end the following: 

3 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 

4 the Mississippi River Commission is authorized to accept 

5 the donation of cash, funds, lands, materials, and services 

6 from non-Federal governmental entities and nonprofit cor7 porations.’’. 

8 SEC. 3054. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU9 ISIANA. 

10 The public access feature of the Atchafalaya Basin 

11 Floodway System project, Louisiana, authorized by sec12 tion 601(a) of the Water Resources Development Act 

13 1986 (100 Stat. 4142), is modified to authorize the Sec14 retary to acquire from willing sellers the fee interest, ex15 clusive of oil, gas, and minerals, of an additional 20,000 

16 acres of land within the Lower Atchafalaya Basin 

17 Floodway for the public access feature of the Atchafalaya 

18 Basin Floodway System, to enhance fish and wildlife re19 sources, at a total cost of $4,000,000. 

20 SEC. 3055. BAYOU PLAQUEMINE, LOUISIANA. 

21 The project for the improvement of the quality of the 

22 environment, Bayou Plaquemine, Louisiana, being carried 

23 out under section 1135 of the Water Resources Develop24 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

25 the Secretary to credit toward the non-Federal share of 


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1 the cost of the project the cost of work carried out by 

2 the non-Federal interest before the date of the partnership 

3 agreement for the project if the Secretary determines that 

4 the work is integral to the project. 

5 SEC. 3056. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

6 RIVER TO SHREVEPORT, LOUISIANA. 

7 The project for mitigation of fish and wildlife losses, 

8 J. Bennett Johnston Waterway, Mississippi River to 

9 Shreveport, Louisiana, authorized by section 601(a) of the 

10 Water Resources Development Act of 1986 (100 Stat. 

11 4142) and modified by section 4(h) of the Water Re12 sources Development Act of 1988 (102 Stat. 4016), sec13 tion 102(p) of the Water Resources Development Act of 

14 1990 (104 Stat. 4613), section 301(b)(7) of the Water 

15 Resources Development Act of 1996 (110 Stat. 3710), and 

16 section 316 of the Water Resources Development Act of 

17 2000 (114 Stat. 2572), is further modified— 

18 (1) to authorize the purchase and reforesting of 

19 lands that have been cleared or converted to agricul20 tural uses; and 

21 (2) to incorporate current wildlife and forestry 

22 management practices for the purpose of improving 

23 species diversity on mitigation lands that meet Fed24 eral and State of Louisiana habitat goals and objec25 tives. 


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1 SEC. 3057. MISSISSIPPI DELTA REGION, LOUISIANA. 

2 The Mississippi Delta Region project, Louisiana, au3 thorized as part of the project for hurricane-flood protec4 tion on Lake Pontchartrain, Louisiana, by section 204 of 

5 the Flood Control Act of 1965 (79 Stat. 1077) and modi6 fied by section 365 of the Water Resources Development 

7 Act of 1996 (110 Stat. 3739), is further modified to direct 

8 the Secretary to credit toward the non-Federal share of 

9 the cost of the project the costs of relocating oyster beds 

10 in the Davis Pond project area if the Secretary determines 

11 that the work is integral to the Mississippi Delta Region 

12 project. 

13 SEC. 3058. NEW ORLEANS TO VENICE, LOUISIANA. 

14 The New Orleans to Venice, Louisiana, project for 

15 hurricane protection, authorized by section 203 of the 

16 Flood Control Act of 1962 (76 Stat. 1184), is modified 

17 to authorize the Secretary to carry out the work on the 

18 St. Jude to City Price, Upper Reach A back levee. The 

19 Federal share of the cost of such work shall be 70 percent. 

20 SEC. 3059. WEST BANK OF THE MISSISSIPPI RIVER (EAST 

21 OF HARVEY CANAL), LOUISIANA. 

22 Section 328 of the Water Resources Development Act 

23 of 1999 (113 Stat. 304–305) is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘operation and mainte2 nance’’ and inserting ‘‘operation, maintenance, 

3 rehabilitation, repair, and replacement’’; and 

4 (B) by striking ‘‘Algiers Channel’’ and in5 serting ‘‘Algiers Canal Levees’’; and 

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

7 ‘‘(c) COST SHARING.—The non-Federal share of the 

8 cost of the project shall be 35 percent.’’. 

9 SEC. 3060. CAMP ELLIS, SACO, MAINE. 

10 The maximum amount of Federal funds that may be 

11 expended for the project being carried out under section 

12 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

13 for the mitigation of shore damages attributable to the 

14 project for navigation, Camp Ellis, Saco, Maine, shall be 

15 $26,900,000. 

16 SEC. 3061. DETROIT RIVER SHORELINE, DETROIT, MICHI17 GAN. 

18 (a) IN GENERAL.—The project for emergency 

19 streambank and shoreline protection, Detroit River Shore20 line, Detroit, Michigan, being carried out under section 14 

21 of the Flood Control Act of 1946 (33 U.S.C. 701r), is 

22 modified to include measures to enhance public access. 

23 (b) MAXIMUM FEDERAL EXPENDITURE.—The max24 imum amount of Federal funds that may be expended for 

25 the project shall be $3,000,000. 


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1 SEC. 3062. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI2 GAN. 

3 Section 426 of the Water Resources Development Act 

4 of 1999 (113 Stat. 326) is amended to read as follows: 

5 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI6 GAN. 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage10 ment plan’ means the management plan for the St. 

11 Clair River and Lake St. Clair, Michigan, that is in 

12 effect as of the date of enactment of the Water Re13 sources Development Act of 2006. 

14 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

15 means the partnership established by the Secretary 

16 under subsection (b)(1). 

17 ‘‘(b) PARTNERSHIP.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish and lead a partnership of appropriate Federal 

20 agencies (including the Environmental Protection 

21 Agency) and the State of Michigan (including polit22 ical subdivisions of the State)— 

23 ‘‘(A) to promote cooperation among the 

24 Federal, State, and local governments and other 

25 involved parties in the management of the St. 

26 Clair River and Lake St. Clair watersheds; and 


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1 ‘‘(B) develop and implement projects con2 sistent with the management plan. 

3 ‘‘(2) COORDINATION WITH ACTIONS UNDER

4 OTHER LAW.— 

5 ‘‘(A) IN GENERAL.—Actions taken under 

6 this section by the partnership shall be coordi7 nated with actions to restore and conserve the 

8 St. Clair River and Lake St. Clair and water9 sheds taken under other provisions of Federal 

10 and State law. 

11 ‘‘(B) NO EFFECT ON OTHER LAW.—Noth12 ing in this section alters, modifies, or affects 

13 any other provision of Federal or State law. 

14 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND

15 LAKE ST. CLAIR MANAGEMENT PLAN.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall— 

17 ‘‘(A) develop a St. Clair River and Lake 

18 St. Clair strategic implementation plan in ac19 cordance with the management plan; 

20 ‘‘(B) provide technical, planning, and engi21 neering assistance to non-Federal interests for 

22 developing and implementing activities con23 sistent with the management plan; 

24 ‘‘(C) plan, design, and implement projects 

25 consistent with the management plan; and 


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1 ‘‘(D) provide, in coordination with the Ad2 ministrator of the Environmental Protection 

3 Agency, financial and technical assistance, in4 cluding grants, to the State of Michigan (in5 cluding political subdivisions of the State) and 

6 interested nonprofit entities for the planning, 

7 design, and implementation of projects to re8 store, conserve, manage, and sustain the St. 

9 Clair River, Lake St. Clair, and associated wa10 tersheds. 

11 ‘‘(2) SPECIFIC MEASURES.—Financial and tech12 nical assistance provided under subparagraphs (B) 

13 and (C) of paragraph (1) may be used in support of 

14 non-Federal activities consistent with the manage15 ment plan. 

16 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

17 STRATEGIC IMPLEMENTATION PLAN.—In consultation 

18 with the partnership and after providing an opportunity 

19 for public review and comment, the Secretary shall develop 

20 information to supplement— 

21 ‘‘(1) the management plan; and 

22 ‘‘(2) the strategic implementation plan devel23 oped under subsection (c)(1)(A). 

24 ‘‘(e) COST SHARING.— 


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1 ‘‘(1) IN-KIND SERVICES.—The non-Federal 

2 share of the cost of technical assistance under sub3 section (c), the cost of planning, design, and con4 struction of a project under subsection (c), and the 

5 cost of development of supplementary information 

6 under subsection (d) may be provided through the 

7 provision of in-kind services. 

8 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

9 RIGHTS-OF-WAY.—The Secretary shall credit the 

10 non-Federal sponsor for the value of any land, ease11 ments, rights-of-way, dredged material disposal 

12 areas, or relocations required in carrying out a 

13 project under subsection (c). 

14 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding 

15 section 221 of the Flood Control Act of 1970 (42 

16 U.S.C. 1962d–5b), a non-Federal interest for any 

17 project carried out under this section may include a 

18 nonprofit entity. 

19 ‘‘(4) OPERATION AND MAINTENANCE.—The op20 eration, maintenance, repair, rehabilitation, and re21 placement of projects carried out under this section 

22 shall be non-Federal responsibilities. 

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to carry out this section 

25 $10,000,000 for each fiscal year.’’. 


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1 SEC. 3063. SAULT SAINTE MARIE, MICHIGAN. 

2 (a) IN GENERAL.—The text of section 1149 of the 

3 Water Resources Development Act of 1986 (100 Stat. 

4 4254) is amended to read as follows: 

5 ‘‘The Secretary shall construct at Federal ex6 pense a second lock, of a width not less than 110 

7 feet and a length not less than 1,200 feet, adjacent 

8 to the existing lock at Sault Sainte Marie, Michigan, 

9 generally in accordance with the report of the Board 

10 of Engineers for Rivers and Harbors, dated May 19, 

11 1986, and the limited reevaluation report dated Feb12 ruary 2004 at a total cost of $341,714,000.’’ 

13 (b) CONFORMING REPEALS.—The following provi14 sions are repealed: 

15 (1) Section 107(a)(8) of the Water Resources 

16 Development Act of 1990 (104 Stat. 4620). 

17 (2) Section 330 of the Water Resources Devel18 opment Act of 1996 (110 Stat. 3717–3718). 

19 (3) Section 330 of the Water Resources Devel20 opment Act of 1999 (113 Stat. 305). 

21 SEC. 3064. ADA, MINNESOTA. 

22 (a) IN GENERAL.—The project for flood damage re23 duction, Wild Rice River, Ada, Minnesota, being carried 

24 out under section 205 of the Flood Control Act of 1948 

25 (33 U.S.C. 701s), is modified to authorize the Secretary 


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1 to consider national ecosystem restoration benefits in de2 termining the Federal interest in the project. 

3 (b) EVALUATION OF BENEFITS AND COSTS.—In 

4 evaluating the economic benefits and costs for the project, 

5 the Secretary shall not consider the emergency levee adja6 cent to Judicial Ditch No. 51 in the determination of con7 ditions existing prior to construction of the project. 

8 (c) SPECIAL RULE.—In evaluating and implementing 

9 the project, the Secretary shall allow the non-Federal in10 terest to participate in the financing of the project in ac11 cordance with section 903(c) of the Water Resources De12 velopment Act of 1986 (100 Stat. 4184) to the extent that 

13 the Secretary’s evaluation indicates that applying such 

14 section is necessary to implement the project. 

15 SEC. 3065. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

16 (a) IN GENERAL.—The project for navigation, Du17 luth Harbor, McQuade Road, Minnesota, being carried out 

18 under section 107 of the River and Harbor Act of 1960 

19 (33 U.S.C. 577) and modified by section 321 of the Water 

20 Resources Development Act of 2000 (114 Stat. 2605), is 

21 further modified to authorize the Secretary to provide 

22 public access and recreational facilities as generally de23 scribed in the Detailed Project Report and Environmental 

24 Assessment, McQuade Road Harbor of Refuge, Duluth, 

25 Minnesota, dated August 1999. 


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1 (b) CREDIT.—The Secretary shall provide credit to2 ward the non-Federal share of the cost of the project for 

3 the costs of design work carried out before the date of 

4 the partnership agreement for the project if the Secretary 

5 determines that the work is integral to the project. 

6 (c) MAXIMUM FEDERAL EXPENDITURE.—The max7 imum amount of Federal funds that may be expended for 

8 the project shall be $9,000,000. 

9 SEC. 3066. GRAND MARAIS, MINNESOTA. 

10 The project for navigation, Grand Marais, Minnesota, 

11 carried out under section 107 of the River and Harbor 

12 Act of 1960 (33 U.S.C. 577) is modified to direct the Sec13 retary to provide credit toward the non-Federal share of 

14 the cost of the project the cost of design work carried out 

15 before the date of the partnership agreement for the 

16 project if the Secretary determines that the work is inte17 gral to the project. 

18 SEC. 3067. GRAND PORTAGE HARBOR, MINNESOTA. 

19 The Secretary shall provide credit toward the non20 Federal share of the cost of the navigation project for 

21 Grand Portage Harbor, Minnesota, carried out under sec22 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

23 577), for the costs of design work carried out before the 

24 date of the partnership agreement for the project if the 


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1 Secretary determines that the work is integral to the 

2 project. 

3 SEC. 3068. GRANITE FALLS, MINNESOTA. 

4 (a) IN GENERAL.—The Secretary is directed to im5 plement under section 205 of the Flood Control Act of 

6 1948 (33 U.S.C. 701s) the locally preferred plan for flood 

7 damage reduction, Granite Falls, Minnesota, substantially 

8 in accordance with the detailed project report dated 2002, 

9 at a total cost of $12,000,000, with an estimated Federal 

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

11 $4,000,000. 

12 (b) PROJECT FINANCING.—In evaluating and imple13 menting the project under this section, the Secretary shall 

14 allow the non-Federal interests to participate in the fi15 nancing of the project in accordance with section 903(c) 

16 of the Water Resources Development Act of 1986 (100 

17 Stat. 4184), to the extent that the detailed project report 

18 evaluation indicates that applying such section is nec19 essary to implement the project. 

20 (c) CREDIT.—The Secretary shall credit toward the 

21 non-Federal share of the project the cost of design and 

22 construction work carried out by the non-Federal interest 

23 before the date of execution of a partnership agreement 

24 for the project if the Secretary determines that the work 

25 is integral to the project. 


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1 (d) MAXIMUM FUNDING.—The maximum amount of 

2 Federal funds that may be expended for the flood damage 

3 reduction shall be $8,000,000. 

4 SEC. 3069. KNIFE RIVER HARBOR, MINNESOTA. 

5 The project for navigation, Harbor at Knife River, 

6 Minnesota, authorized by section 2 of the Rivers and Har7 bors Act of March 2, 1945 (59 Stat. 19), is modified to 

8 direct the Secretary to develop a final design and prepare 

9 plans and specifications to correct the harbor entrance and 

10 mooring conditions at the project. 

11 SEC. 3070. RED LAKE RIVER, MINNESOTA. 

12 The project for flood control, Red Lake River, 

13 Crookston, Minnesota, authorized by section 101(a)(23) of 

14 the Water Resources Development Act of 1999 (113 Stat. 

15 278), is modified to include flood protection for the adja16 cent and interconnected areas generally known as the 

17 Sampson and Chase/Loring neighborhoods, in accordance 

18 with the feasibility report supplement for local flood pro19 tection, Crookston, Minnesota, at a total cost of 

20 $25,000,000, with an estimated Federal cost of 

21 $16,250,000 and an estimated non-Federal cost of 

22 $8,750,000. 

23 SEC. 3071. SILVER BAY, MINNESOTA. 

24 The project for navigation, Silver Bay, Minnesota, 

25 authorized by section 2 of the Rivers and Harbors Act 


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1 of March 2, 1945 (59 Stat. 19), is modified to include 

2 operation and maintenance of the general navigation fa3 cilities as a Federal responsibility. 

4 SEC. 3072. TACONITE HARBOR, MINNESOTA. 

5 The project for navigation, Taconite Harbor, Min6 nesota, carried out under section 107 of the River and 

7 Harbor Act of 1960 (33 U.S.C. 577), is modified to in8 clude operation and maintenance of the general navigation 

9 facilities as a Federal responsibility. 

10 SEC. 3073. TWO HARBORS, MINNESOTA. 

11 (a) IN GENERAL.—The project for navigation, Two 

12 Harbors, Minnesota, being carried out under section 107 

13 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

14 is modified to include construction of a dredged material 

15 disposal facility, including actions required to clear the 

16 site. 

17 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.— 

18 Non-Federal interests shall be responsible for providing all 

19 lands, easements, rights-of-way, and relocations necessary 

20 for the construction of the dredged material disposal facil21 ity. 

22 (c) MAXIMUM FEDERAL EXPENDITURE.—The max23 imum amount of Federal funds that may be expended for 

24 the project shall be $5,000,000. 


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1 SEC. 3074. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

2 The project for ecosystem restoration, Deer Island, 

3 Harrison County, Mississippi, being carried out under sec4 tion 204 of the Water Resources Development Act of 1992 

5 (33 U.S.C. 2326), is modified to authorize the non-Fed6 eral interest to provide any portion of the non-Federal 

7 share of the cost of the project in the form of in-kind serv8 ices and materials. 

9 SEC. 3075. PEARL RIVER BASIN, MISSISSIPPI. 

10 (a) IN GENERAL.—The Secretary shall complete a 

11 feasibility study for the project for flood damage reduc12 tion, Pearl River Watershed, Mississippi. 

13 (b) COMPARISON OF ALTERNATIVES.—The feasibility 

14 study shall identify both the plan that maximizes national 

15 economic development benefits and the locally preferred 

16 plan and shall compare the level of flood damage reduction 

17 provided by each plan to that portion of Jackson, Mis18 sissippi, located below the Ross Barnett Reservoir Dam. 

19 (c) RECOMMENDED PLAN.—If the Secretary deter20 mines that the locally preferred plan provides a level of 

21 flood damage reduction that is equal to or greater than 

22 the level of flood damage reduction provided by the na23 tional economic development plan and the locally preferred 

24 plan is technically feasible and environmentally protective, 

25 the Secretary shall recommend construction of the locally 

26 preferred plan. 


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1 (d) EVALUATION OF PROJECT COST.—For the pur2 poses of determining compliance with the first section of 

3 the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 

4 the Secretary shall consider only the costs of the national 

5 economic development plan and shall exclude incremental 

6 costs associated with the locally preferred plan that are 

7 in excess of such costs if the non-Federal interest agrees 

8 to pay 100 percent of such incremental costs. 

9 (e) NON-FEDERAL COST SHARE.—If the locally pre10 ferred plan is authorized for construction, the non-Federal 

11 share of the cost of the project shall be the same percent12 age as the non-Federal share of the cost of the national 

13 economic development plan plus all additional costs of con14 struction associated with the locally preferred plan. 

15 SEC. 3076. FESTUS AND CRYSTAL CITY, MISSOURI. 

16 Section 102(b)(1) of the Water Resources Develop17 ment Act of 1999 (113 Stat. 282) is amended by striking 

18 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 

19 SEC. 3077. L–15 LEVEE, MISSOURI. 

20 The portion of the L–15 levee system that is under 

21 the jurisdiction of the Consolidated North County Levee 

22 District and situated along the right descending bank of 

23 the Mississippi River from the confluence of that river 

24 with the Missouri River and running upstream approxi25 mately 14 miles shall be considered to be a Federal levee 


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1 for purposes of cost sharing under section 5 of the Act 

2 of August 18, 1941 (33 U.S.C. 701n). 

3 SEC. 3078. MONARCH-CHESTERFIELD, MISSOURI. 

4 The project for flood damage reduction, Monarch5 Chesterfield, Missouri, authorized by section 101(b)(18) 

6 of the Water Resources Development Act of 2000 (114 

7 Stat. 2578), is modified to direct the Secretary to credit 

8 toward the non-Federal share of the cost of the project 

9 the cost of the planning, design, and construction work 

10 carried out by the non-Federal interest before the date of 

11 the partnership agreement for the project if the Secretary 

12 determines that the work is integral to the project. 

13 SEC. 3079. RIVER DES PERES, MISSOURI. 

14 The projects for flood control, River Des Peres, Mis15 souri, authorized by section 101(a)(17) of the Water Re16 sources Development Act of 1990 (104 Stat. 4607) and 

17 section 102(13) of the Water Resources Development Act 

18 of 1996 (110 Stat. 3668), are each modified to direct the 

19 Secretary to credit toward the non-Federal share of the 

20 cost of the project the cost of work carried out by the 

21 non-Federal interest before the date of the partnership 

22 agreement for the project if the Secretary determines that 

23 the work is integral to the project. 


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1 SEC. 3080. ANTELOPE CREEK, LINCOLN, NEBRASKA. 

2 The project for flood damage reduction, Antelope 

3 Creek, Lincoln, Nebraska, authorized by section 

4 101(b)(19) of the Water Resources Development Act of 

5 2000 (114 Stat. 2578), is modified— 

6 (1) to direct the Secretary to credit toward the 

7 non-Federal share of the cost of the project the cost 

8 of design and construction work carried out by the 

9 non-Federal interest before the date of the partner10 ship agreement for the project if the Secretary de11 termines that the work is integral to the project; and 

12 (2) to allow the non-Federal interest for the 

13 project to use, and to direct the Secretary to accept, 

14 funds provided under any other Federal program, to 

15 satisfy, in whole or in part, the non-Federal share 

16 of the project if such funds are authorized to be 

17 used to carry out the project. 

18 SEC. 3081. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

19 The project for ecosystem restoration and flood dam20 age reduction, Sand Creek watershed, Wahoo, Nebraska, 

21 authorized by section 101(b)(20) of the Water Resources 

22 Development Act of 2000 (114 Stat. 2578), is modified— 

23 (1) to direct the Secretary to provide credit to24 ward the non-Federal share of the cost of the project 

25 or reimbursement for the costs of any work that has 

26 been or will be performed by the non-Federal interVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 est before, on, or after the approval of the project 

2 partnership agreement, including work performed by 

3 the non-Federal interest in connection with the de4 sign and construction of 7 upstream detention stor5 age structures, if the Secretary determines that the 

6 work is integral to the project; 

7 (2) to require that in-kind work to be credited 

8 under paragraph (1) be subject to audit; and 

9 (3) to direct the Secretary to accept advance 

10 funds from the non-Federal interest as needed to 

11 maintain the project schedule. 

12 SEC. 3082. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 

13 NEW JERSEY. 

14 The project for navigation mitigation, ecosystem res15 toration, shore protection, and hurricane and storm dam16 age reduction, Lower Cape May Meadows, Cape May 

17 Point, New Jersey, authorized by section 101(a)(25) of 

18 the Water Resources Development Act of 1999 (113 Stat. 

19 278), is modified to incorporate the project for shoreline 

20 erosion control, Cape May Point, New Jersey, carried out 

21 under section 5 of the Act entitled ‘‘An Act authorizing 

22 Federal participation in the cost of protecting the shores 

23 of publicly owned property’’, approved August 13, 1946 

24 (33 U.S.C. 426h), if the Secretary determines that such 

25 incorporation is feasible. 


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1 SEC. 3083. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

2 NEW JERSEY. 

3 The project for flood control, Passaic River, New Jer4 sey and New York, authorized by section 101(a)(18) of 

5 the Water Resources Development Act of 1990 (104 Stat. 

6 4607) and modified by section 327 of the Water Resources 

7 Development Act of 2000 (114 Stat. 2607), is further 

8 modified to direct the Secretary to include the benefits and 

9 costs of preserving natural flood storage in any future eco10 nomic analysis of the project. 

11 SEC. 3084. BUFFALO HARBOR, NEW YORK. 

12 The project for navigation, Buffalo Harbor, New 

13 York, authorized by section 101 of the River and Harbor 

14 Act of 1962 (76 Stat. 1176), is modified to include meas15 ures to enhance public access, at Federal cost of 

16 $500,000. 

17 SEC. 3085. ORCHARD BEACH, BRONX, NEW YORK. 

18 Section 554 of the Water Resources Development Act 

19 of 1996 (110 Stat. 3781) is amended by striking ‘‘max20 imum Federal cost of $5,200,000’’ and inserting ‘‘total 

21 cost of $20,000,000’’. 

22 SEC. 3086. PORT OF NEW YORK AND NEW JERSEY, NEW 

23 YORK AND NEW JERSEY. 

24 The navigation project, Port of New York and New 

25 Jersey, New York and New Jersey, authorized by section 


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1 101(a)(2) of the Water Resources Development Act of 

2 2000 (114 Stat. 2576), is modified— 

3 (1) to authorize the Secretary to allow the non4 Federal interest to construct a temporary dredged 

5 material storage facility to receive dredged material 

6 from the project if— 

7 (A) the non-Federal interest submits, in 

8 writing, a list of potential sites for the tem9 porary storage facility to the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives, the Committee on Environ12 ment and Public Works of the Senate, and the 

13 Secretary at least 180 days before the selection 

14 of the final site; and 

15 (B) at least 70 percent of the dredged ma16 terial generated in connection with the project 

17 suitable for beneficial reuse will be used at sites 

18 in the State of New Jersey to the extent that 

19 there are sufficient sites available; and 

20 (2) to direct the Secretary to credit toward the 

21 non-Federal share of the cost of the project the cost 

22 of construction of the temporary storage facility if 

23 the Secretary determines that the work is integral to 

24 the project. 


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1 SEC. 3087. NEW YORK STATE CANAL SYSTEM. 

2 Section 553(c) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3781) is amended to read as fol4 lows: 

5 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 

6 In this section, the term ‘New York State Canal System’ 

7 means the 524 miles of navigable canal that comprise the 

8 New York State Canal System, including the Erie, Ca9 yuga-Seneca, Oswego, and Champlain Canals and the his10 toric alignments of these canals, including the cities of Al11 bany and Buffalo.’’. 

12 SEC. 3088. LOWER GIRARD LAKE DAM, OHIO. 

13 Section 507(1) of the Water Resources Development 

14 Act of 1996 (110 Stat. 3758) is amended by striking 

15 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

16 SEC. 3089. MAHONING RIVER, OHIO. 

17 In carrying out the project for environmental dredg18 ing, authorized by section 312(f)(4) of the Water Re19 sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 

20 the Secretary is directed to credit toward the non-Federal 

21 share of the cost of the project the cost of work carried 

22 out by the non-Federal interest before the date of the part23 nership agreement for the project if the Secretary deter24 mines that the work is integral to the project. 


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1 SEC. 3090. DELAWARE RIVER, PENNSYLVANIA, NEW JER2 SEY, AND DELAWARE. 

3 The Secretary may remove debris from the project 

4 for navigation, Delaware River, Pennsylvania, New Jersey, 

5 and Delaware, Philadelphia to the Sea. 

6 SEC. 3091. RAYSTOWN LAKE, PENNSYLVANIA. 

7 The Secretary may take such action as may be nec8 essary, including construction of a breakwater, to prevent 

9 shoreline erosion between .07 and 2.7 miles south of Penn10 sylvania State Route 994 on the east shore of Raystown 

11 Lake, Pennsylvania. 

12 SEC. 3092. SHERADEN PARK STREAM AND CHARTIERS 

13 CREEK, ALLEGHENY COUNTY, PENNSYL14 VANIA. 

15 The project for aquatic ecosystem restoration, 

16 Sheraden Park Stream and Chartiers Creek, Allegheny 

17 County, Pennsylvania, being carried out under section 206 

18 of the Water Resources Development Act of 1996 (33 

19 U.S.C. 2330), is modified to direct the Secretary to credit 

20 up to $400,000 toward the non-Federal share of the cost 

21 of the project for planning and design work carried out 

22 by the non-Federal interest before the date of the partner23 ship agreement for the project if the Secretary determines 

24 that the work is integral to the project. 


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1 SEC. 3093. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL2 VANIA. 

3 The project for flood control, Wyoming Valley, Penn4 sylvania, authorized by section 401(a) of the Water Re5 sources Development Act of 1986 (100 Stat. 4124), is 

6 modified to include as a project element the project for 

7 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl8 vania. 

9 SEC. 3094. SOUTH CENTRAL PENNSYLVANIA. 

10 Section 313 of the Water Resources Development Act 

11 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

12 113 Stat. 310; 117 Stat. 142) is amended— 

13 (1) in subsection (g)(1) by striking 

14 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

15 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

16 Armstrong, Beford, Blair, Cambria, Clearfield, Fay17 ette, Franklin, Fulton, Greene, Huntingdon, Indi18 ana, Juniata, Mifflin, Somerset, Snyder, Wash19 ington, and Westmoreland Counties’’ and inserting 

20 ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 

21 Fayette, Franklin, Fulton, Greene, Huntingdon, In22 diana, Juniata, Somerset, Washington, and West23 moreland Counties’’. 

24 SEC. 3095. WYOMING VALLEY, PENNSYLVANIA. 

25 In carrying out the project for flood control, Wyo26 ming Valley, Pennsylvania, authorized by section 401(a) 


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1 of the Water Resources Development Act of 1986 (100 

2 Stat. 4124), the Secretary shall coordinate with non-Fed3 eral interests to review opportunities for increased public 

4 access. 

5 SEC. 3096. CEDAR BAYOU, TEXAS. 

6 (a) CREDIT FOR PLANNING AND DESIGN.—The 

7 project for navigation, Cedar Bayou, Texas, reauthorized 

8 by section 349(a)(2) of the Water Resources Development 

9 Act of 2000 (114 Stat. 2632), is modified to direct the 

10 Secretary to credit toward the non-Federal share of the 

11 cost of the project the cost of planning and design work 

12 carried out by the non-Federal interest for the project if 

13 the Secretary determines that such work is integral to the 

14 project. 

15 (b) COST SHARING.—Cost sharing for construction 

16 and operation and maintenance of the project shall be de17 termined in accordance with section 101 of the Water Re18 sources Development Act of 1986 (33 U.S.C. 2211). 

19 SEC. 3097. FREEPORT HARBOR, TEXAS. 

20 The project for navigation, Freeport Harbor, Texas, 

21 authorized by section 101 of the Rivers and Harbors Act 

22 of 1970 (84 Stat. 1818), is modified.— 

23 (1) to direct the Secretary to credit toward the 

24 non-Federal share of the cost of the project the cost 

25 of the planning, design, and construction work carVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 ried out by the non-Federal interest before the date 

2 of the partnership agreement for the project if the 

3 Secretary determines that the work is integral to the 

4 project; and 

5 (2) to direct the Secretary to remove the sunk6 en vessel ‘‘COMSTOCK’’ at Federal expense. 

7 SEC. 3098. LAKE KEMP, TEXAS. 

8 (a) IN GENERAL.—The Secretary may not take any 

9 legal or administrative action seeking to remove a Lake 

10 Kemp improvement before the earlier of January 1, 2020, 

11 or the date of any transfer of ownership of the improve12 ment occurring after the date of enactment of this Act. 

13 (b) LIMITATION ON LIABILITY.—The United States, 

14 or any of its officers, agents, or assignees, shall not be 

15 liable for any injury, loss, or damage accruing to the own16 ers of a Lake Kemp improvement, their lessees, or occu17 pants as a result of any flooding or inundation of such 

18 improvements by the waters of the Lake Kemp reservoir, 

19 or for such injury, loss, or damage as may occur through 

20 the operation and maintenance of the Lake Kemp dam 

21 and reservoir in any manner. 

22 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 

23 section, the term ‘‘Lake Kemp improvement’’ means an 

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1 age easement of Lake Kemp, Texas, below elevation 1159 

2 feet mean sea level. 

3 SEC. 3099. LOWER RIO GRANDE BASIN, TEXAS. 

4 The project for flood control, Lower Rio Grande 

5 Basin, Texas, authorized by section 401(a) of the Water 

6 Resources Development Act of 1986 (100 Stat. 4125), is 

7 modified— 

8 (1) to include as part of the project flood pro9 tection works to reroute drainage to Raymondville 

10 Drain constructed by the non-Federal interests in 

11 Hidalgo County in the vicinity of Edinburg, Texas, 

12 if the Secretary determines that such work meets 

13 feasibility requirements; 

14 (2) to direct the Secretary to credit toward the 

15 non-Federal share of the cost of the project the cost 

16 of planning, design, and construction work carried 

17 out by the non-Federal interest before the date of 

18 the partnership agreement for the project if the Sec19 retary determines that the work is integral to the 

20 project; and 

21 (3) to direct the Secretary in calculating the 

22 non-Federal share of the cost of the project, to make 

23 a determination, within 180 days after the date of 

24 enactment of this Act, under section 103(m) of the 

25 Water Resources Development Act of 1986 (33 


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1 U.S.C. 2213(m)) on the non-Federal interest’s abil2 ity to pay. 

3 SEC. 3100. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

4 TEXAS. 

5 The project for ecosystem restoration and storm dam6 age reduction, North Padre Island, Corpus Christi Bay, 

7 Texas, authorized by section 556 of the Water Resources 

8 Development Act of 1999 (113 Stat. 353), is modified to 

9 include recreation as a project purpose. 

10 SEC. 3101. PAT MAYSE LAKE, TEXAS. 

11 The Secretary is directed to accept from the city of 

12 Paris, Texas, $3,461,432 as payment in full of monies 

13 owed to the United States for water supply storage space 

14 in Pat Mayse Lake, Texas, under contract number DA– 

15 34–066–CIVENG-65–1272, including accrued interest. 

16 SEC. 3102. PROCTOR LAKE, TEXAS. 

17 The Secretary is authorized to purchase fee simple 

18 title to all properties located within the boundaries, and 

19 necessary for the operation, of the Proctor Lake project, 

20 Texas, authorized by section 203 of the Flood Control Act 

21 of 1954 (68 Stat. 1259). 

22 SEC. 3103. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

23 The project for flood control, San Antonio Channel, 

24 Texas, authorized by section 203 of the Flood Control Act 

25 of 1954 (68 Stat. 1259) as part of the comprehensive plan 


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1 for flood protection on the Guadalupe and San Antonio 

2 Rivers in Texas and modified by section 103 of the Water 

3 Resources Development Act of 1976 (90 Stat. 2921) and 

4 section 335 of the Water Resources Development Act of 

5 2000 (114 Stat. 2611), is further modified to authorize 

6 the Secretary to credit toward the non-Federal share of 

7 the cost of the project the cost of design and construction 

8 work carried out by the non-Federal interest for the 

9 project if the Secretary determines that the work is inte10 gral to the project. 

11 SEC. 3104. TANGIER ISLAND SEAWALL, VIRGINIA. 

12 Section 577(a) of the Water Resources Development 

13 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

14 a total cost of $1,200,000, with an estimated Federal cost 

15 of $900,000 and an estimated non-Federal cost of 

16 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

17 with an estimated Federal cost of $2,500,000 and an esti18 mated non-Federal cost of $750,000.’’. 

19 SEC. 3105. DUWAMISH/GREEN, WASHINGTON. 

20 The project for ecosystem restoration, Duwamish/ 

21 Green, Washington, authorized by section 101(b)(26) of 

22 the Water Resources Development Act of 2000 (114 Stat. 

23 2579), is modified— 

24 (1) to direct the Secretary to credit toward the 

25 non-Federal share of the cost of the project the cost 


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1 of work carried out by the non-Federal interest be2 fore, on, or after the date of the partnership agree3 ment for the project if the Secretary determines that 

4 the work is integral to the project; and 

5 (2) to authorize the non-Federal interest to pro6 vide any portion of the non-Federal share of the cost 

7 of the project in the form of in-kind services and 

8 materials. 

9 SEC. 3106. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH10 INGTON. 

11 The project for aquatic ecosystem restoration, 

12 Yakima River, Port of Sunnyside, Washington, being car13 ried out under section 206 of the Water Resources Devel14 opment Act of 1996 (33 U.S.C. 2330), is modified to di15 rect the Secretary to credit toward the non-Federal share 

16 of the cost of the project the cost of work carried out by 

17 the non-Federal interest before the date of the partnership 

18 agreement for the project if the Secretary determines that 

19 the work is integral to the project. 

20 SEC. 3107. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

21 Section 579(c) of the Water Resources Development 

22 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 

23 by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 


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1 SEC. 3108. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

2 Section 30(d) of the Water Resources Development 

3 Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 

4 to read as follows: 

5 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 

6 ensure the preservation and restoration of the structure 

7 known as the ‘Jenkins House’, and the reconstruction of 

8 associated buildings and landscape features of such struc9 ture located within the Lesage/Greenbottom Swamp in ac10 cordance with the Secretary of the Interior’s standards for 

11 the treatment of historic properties. Amounts made avail12 able for expenditure for the project authorized by section 

13 301(a) of the Water Resources Development Act of 1986 

14 (100 Stat. 4110) shall be available for the purposes of this 

15 subsection.’’. 

16 SEC. 3109. NORTHERN WEST VIRGINIA. 

17 Section 557 of the Water Resources Development Act 

18 of 1999 (113 Stat. 353) is amended— 

19 (1) in the first sentence by striking ‘‘favorable’’; 

20 (2) by striking ‘‘$8,400,000’’ and inserting 

21 ‘‘$12,000,000’’; and 

22 (3) by striking ‘‘$4,200,000’’ each place it ap23 pears and inserting ‘‘$6,000,000’’. 

24 SEC. 3110. MANITOWOC HARBOR, WISCONSIN. 

25 The project for navigation, Manitowoc Harbor, Wis26 consin, authorized by the River and Harbor Act of August 


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1 30, 1852 (10 Stat. 58), is modified to direct the Secretary 

2 to deepen the upstream reach of the navigation channel 

3 from 12 feet to 18 feet, at a total cost of $405,000. 

4 SEC. 3111. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

5 Section 21 of the Water Resources Development Act 

6 of 1988 (102 Stat. 4027) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘1276.42’’ and inserting 

9 ‘‘1278.42’’; 

10 (B) by striking ‘‘1218.31’’ and inserting 

11 ‘‘1221.31’’; and 

12 (C) by striking ‘‘1234.82’’ and inserting 

13 ‘‘1235.30’’; and 

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) EXCEPTION.—The Secretary may operate the 

17 headwaters reservoirs below the minimum or above the 

18 maximum water levels established in subsection (a) in ac19 cordance with water control regulation manuals (or revi20 sions thereto) developed by the Secretary, after consulta21 tion with the Governor of Minnesota and affected tribal 

22 governments, landowners, and commercial and rec23 reational users. The water control regulation manuals 

24 (and any revisions thereto) shall be effective when the Sec25 retary transmits them to Congress. The Secretary shall 


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1 report to Congress at least 14 days before operating any 

2 such headwaters reservoir below the minimum or above 

3 the maximum water level limits specified in subsection (a); 

4 except that notification is not required for operations nec5 essary to prevent the loss of life or to ensure the safety 

6 of the dam or if the drawdown of lake levels is in anticipa7 tion of flood control operations.’’. 

8 SEC. 3112. CONTINUATION OF PROJECT AUTHORIZATIONS. 

9 (a) IN GENERAL.—Notwithstanding section 

10 1001(b)(2) of the Water Resources Development Act of 

11 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 

12 remain authorized to be carried out by the Secretary: 

13 (1) The project for navigation, Sacramento 

14 Deep Water Ship Channel, California, authorized by 

15 section 202(a) of the Water Resources Development 

16 Act of 1986 (100 Stat. 4092). 

17 (2) The project for flood control, Agana River, 

18 Guam, authorized by section 401(a) of the Water 

19 Resources Development Act of 1986 (100 Stat. 

20 4127). 

21 (3) The project for navigation, Fall River Har22 bor, Massachusetts, authorized by section 101 of the 

23 River and Harbor Act of 1968 (82 Stat. 731); ex24 cept that the authorized depth of that portion of the 

25 project extending riverward of the Charles M. 


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1 Braga, Jr. Memorial Bridge, Fall River and Som2 erset, Massachusetts, shall not exceed 35 feet. 

3 (b) LIMITATION.—A project described in subsection 

4 (a) shall not be authorized for construction after the last 

5 day of the 5-year period beginning on the date of enact6 ment of this Act, unless, during such period, funds have 

7 been obligated for the construction (including planning 

8 and design) of the project. 

9 SEC. 3113. PROJECT REAUTHORIZATIONS. 

10 Each of the following projects may be carried out by 

11 the Secretary and no construction on any such project may 

12 be initiated until the Secretary determines that the project 

13 is feasible: 

14 (1) MENOMINEE HARBOR AND RIVER, MICHI15 GAN AND WISCONSIN.—The project for navigation, 

16 Menominee Harbor and River, Michigan and Wis17 consin, authorized by section 101 of the River and 

18 Harbor Act of 1960 (74 Stat. 482) and deauthorized 

19 on April 15, 2002, in accordance with section 

20 1001(b)(2) of the Water Resources Development Act 

21 of 1986 (33 U.S.C. 579a(b)(2)). 

22 (2) MANITOWOC HARBOR, WISCONSIN.—That 

23 portion of the project for navigation, Manitowoc 

24 Harbor, Wisconsin, authorized by the first section of 

25 the River and Harbor Act of August 30, 1852 (10 


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1 Stat. 58), consisting of the channel in the south part 

2 of the outer harbor, deauthorized by section 101 of 

3 the River and Harbor Act of 1962 (76 Stat. 1176). 

4 (3) HEARDING ISLAND INLET, DULUTH HAR5 BOR, MINNESOTA.—The project for dredging, 

6 Hearding Island Inlet, Duluth Harbor, Minnesota, 

7 authorized by section 22 of the Water Resources De8 velopment Act of 1988 (102 Stat. 4027). 

9 SEC. 3114. PROJECT DEAUTHORIZATIONS. 

10 (a) IN GENERAL.—The following projects are not au11 thorized after the date of enactment of this Act: 

12 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

13 portion of the project for navigation, Bridgeport 

14 Harbor, Connecticut, authorized by the first section 

15 of the River and Harbor Act of July 3, 1930 (46 

16 Stat. 919), consisting of an 18-foot channel in Yel17 low Mill River and described as follows: Beginning 

18 at a point along the eastern limit of the existing 

19 project, N123,649.75, E481,920.54, thence running 

20 northwesterly about 52.64 feet to a point 

21 N123,683.03, E481,879.75, thence running north22 easterly about 1,442.21 feet to a point N125,030.08, 

23 E482,394.96, thence running northeasterly about 

24 139.52 feet to a point along the eastern limit of the 

25 existing channel, N125,133.87, E482,488.19, thence 


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1 running southwesterly about 1,588.98 feet to the 

2 point of origin. 

3 (2) MYSTIC RIVER, CONNECTICUT.—The por4 tion of the project for navigation, Mystic River, Con5 necticut, authorized by the first section of the River 

6 and Harbor Appropriations Act of September 19, 

7 1890 (26 Stat. 436) consisting of a 12-foot-deep 

8 channel, approximately 7,554 square feet in area, 

9 starting at a point N193,086.51, E815,092.78, 

10 thence running north 59 degrees 21 minutes 46.63 

11 seconds west about 138.05 feet to a point 

12 N193,156.86, E814,974.00, thence running north 

13 51 degrees 04 minutes 39.00 seconds west about 

14 166.57 feet to a point N193,261.51, E814,844.41, 

15 thence running north 43 degrees 01 minutes 34.90 

16 seconds west about 86.23 feet to a point 

17 N193,324.55, E814,785.57, thence running north 

18 06 degrees 42 minutes 03.86 seconds west about 

19 156.57 feet to a point N193,480.05, E814,767.30, 

20 thence running south 21 degrees 21 minutes 17.94 

21 seconds east about 231.42 feet to a point 

22 N193,264.52, E814,851.57, thence running south 

23 53 degrees 34 minutes 23.28 seconds east about 

24 299.78 feet to the point of origin. 


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1 (3) NEW LONDON HARBOR, CONNECTICUT.— 

2 The portion of the project for navigation, New Lon3 don Harbor, Connecticut, authorized by the River 

4 and Harbor Appropriations Act of June 13, 1902 

5 (32 Stat. 333), that consists of a 23-foot waterfront 

6 channel and that is further described as beginning 

7 at a point along the western limit of the existing 

8 project, N188,802.75, E779,462.81, thence running 

9 northeasterly about 1,373.88 feet to a point 

10 N189,554.87, E780,612.53, thence running south11 easterly about 439.54 feet to a point N189,319.88, 

12 E780,983.98, thence running southwesterly about 

13 831.58 feet to a point N188,864.63, E780,288.08, 

14 thence running southeasterly about 567.39 feet to a 

15 point N188,301.88, E780,360.49, thence running 

16 northwesterly about 1,027.96 feet to the point of or17 igin. 

18 (4) FALMOUTH HARBOR, MASSACHUSETTS.— 

19 The portion of the project for navigation, th Harbor, 

20 Massachusetts, authorized by section 101 of the 

21 River and Harbor Act of 1948 (62 Stat. 1172), be22 ginning at a point along the eastern side of the inner 

23 harbor N200,415.05, E845,307.98, thence running 

24 north 25 degrees 48 minutes 54.3 seconds east 

25 160.24 feet to a point N200,559.20, E845,377.76, 


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1 thence running north 22 degrees 7 minutes 52.4 sec2 onds east 596.82 feet to a point N201,112.15, 

3 E845,602.60, thence running north 60 degrees 1 

4 minute 0.3 seconds east 83.18 feet to a point 

5 N201,153.72, E845,674.65, thence running south 

6 24 degrees 56 minutes 43.4 seconds west 665.01 

7 feet to a point N200,550.75, E845,394.18, thence 

8 running south 32 degrees 25 minutes 29.0 seconds 

9 west 160.76 feet to the point of origin. 

10 (5) ISLAND END RIVER, MASSACHUSETTS.—The 

11 portion of the project for navigation, Island End 

12 River, Massachusetts, carried out under section 107 

13 of the River and Harbor Act of 1960 (33 U.S.C. 

14 577), described as follows: Beginning at a point 

15 along the eastern limit of the existing project, 

16 N507,348.98, E721,180.01, thence running north17 east about 35 feet to a point N507,384.17, 

18 E721,183.36, thence running northeast about 324 

19 feet to a point N507,590.51, E721,433.17, thence 

20 running northeast about 345 feet to a point along 

21 the northern limit of the existing project, 

22 N507,927.29, E721,510.29, thence running south23 east about 25 feet to a point N507,921.71, 

24 E721,534.66, thence running southwest about 354 

25 feet to a point N507,576.65, E721,455.64, thence 


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1 running southwest about 357 feet to the point of ori2 gin. 

3 (6) CITY WATERWAY, TACOMA, WASHINGTON.— 

4 The portion of the project for navigation, City Wa5 terway, Tacoma, Washington, authorized by the first 

6 section of the River and Harbor Appropriations Act 

7 of June 13, 1902 (32 Stat. 347), consisting of the 

8 last 1,000 linear feet of the inner portion of the wa9 terway beginning at station 70+00 and ending at 

10 station 80+00. 

11 (7) AUNT LYDIA’S COVE, MASSACHUSETTS.— 

12 (A) IN GENERAL.—The portion of the 

13 project for navigation, Aunt Lydia’s Cove, Mas14 sachusetts, constructed under section 107 of 

15 the River and Harbor Act of 1960 (33 U.S.C. 

16 577), consisting of the 8-foot deep anchorage in 

17 the cove described in subparagraph (B). 

18 (B) DESCRIPTION OF PORTION.—The por19 tion of the project described in subparagraph 

20 (A) is more particularly described as the por21 tion beginning at a point along the southern 

22 limit of the existing project, N254,332.00, 

23 E1,023,103.96, thence running northwesterly 

24 about 761.60 feet to a point along the western 

25 limit of the existing project N255,076.84, 


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1 E1,022,945.07, thence running southwesterly 

2 about 38.11 feet to a point N255,038.99, 

3 E1,022,940.60, thence running southeasterly 

4 about 267.07 feet to a point N254,772.00, 

5 E1,022,947.00, thence running southeasterly 

6 about 462.41 feet to a point N254,320.06, 

7 E1,023,044.84, thence running northeasterly 

8 about 60.31 feet to the point of origin. 

9 (b) SOUTHPORT HARBOR, FAIRFIELD, CON10 NECTICUT.—The project for navigation, Southport Har11 bor, Fairfield, Connecticut, authorized by section 2 of the 

12 River and Harbor Act of March 2, 1829, and by the first 

13 section of the River and Harbor Act of August 30, 1935 

14 (49 Stat. 1029), and section 364 of the Water Resources 

15 Development Act of 1996 (110 Stat. 3733–3734), is fur16 ther modified to redesignate a portion of the 9-foot-deep 

17 channel as an anchorage area, approximately 900 feet in 

18 length and 90,000 square feet in area, and lying generally 

19 north of a line with points at coordinates N108,043.45, 

20 E452,252.04 and N107,938.74, E452,265.74. 

21 (c) SACO RIVER, MAINE.—The portion of the project 

22 for navigation, Saco River, Maine, authorized under sec23 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

24 577) and described as a 6-foot deep, 10-acre turning basin 


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1 located at the head of navigation, is redesignated as an 

2 anchorage area. 

3 (d) UNION RIVER, MAINE.—The project for naviga4 tion, Union River, Maine, authorized by the first section 

5 of the Act of June 3, 1896 (29 Stat. 215), is modified 

6 by redesignating as an anchorage area that portion of the 

7 project consisting of a 6-foot turning basin and lying 

8 northerly of a line commencing at a point N315,975.13, 

9 E1,004,424.86, thence running north 61 degrees 27 min10 utes 20.71 seconds west about 132.34 feet to a point 

11 N316,038.37, E1,004,308.61. 

12 (e) MYSTIC RIVER, MASSACHUSETTS.—The portion 

13 of the project for navigation, Mystic River, Massachusetts, 

14 authorized by the first section of the River and Harbor 

15 Appropriations Act of July 13, 1892 (27 Stat. 96), be16 tween a line starting at a point N515,683.77, 

17 E707,035.45 and ending at a point N515,721.28, 

18 E707,069.85 and a line starting at a point N514,595.15, 

19 E707,746.15 and ending at a point N514,732.94, 

20 E707,658.38 shall be relocated and reduced from a 100- 

21 foot wide channel to a 50-foot wide channel after the date 

22 of enactment of this Act described as follows: Beginning 

23 at a point N515,721.28, E707,069.85, thence running 

24 southeasterly about 840.50 feet to a point N515,070.16, 

25 E707,601.27, thence running southeasterly about 177.54 


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1 feet to a point N514,904.84, E707,665.98, thence running 

2 southeasterly about 319.90 feet to a point with coordi3 nates N514,595.15, E707,746.15, thence running north4 westerly about 163.37 feet to a point N514,732.94, 

5 E707,658.38, thence running northwesterly about 161.58 

6 feet to a point N514.889.47, E707,618.30, thence running 

7 northwesterly about 166.61 feet to a point N515.044.62, 

8 E707,557.58, thence running northwesterly about 825.31 

9 feet to a point N515,683.77, E707,035.45, thence running 

10 northeasterly about 50.90 feet returning to a point 

11 N515,721.28, E707,069.85. 

12 (f) CONDITIONS.—The first sentence of section 

13 1001(b)(2) of the Water Resources Development Act of 

14 1986 (33 U.S.C. 579a(b)(2)) is amended— 

15 (1) by striking ‘‘two years’’ and inserting 

16 ‘‘year’’; and 

17 (2) by striking ‘‘7’’ and inserting ‘‘5’’. 

18 SEC. 3115. LAND CONVEYANCES. 

19 (a) ST. FRANCIS BASIN, ARKANSAS AND MIS20 SOURI.— 

21 (1) IN GENERAL.—The Secretary shall convey 

22 to the State of Arkansas, without monetary consid23 eration and subject to paragraph (2), all right, title, 

24 and interest in and to real property within the State 

25 acquired by the Federal Government as mitigation 


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1 land for the project for flood control, St. Francis 

2 Basin, Arkansas and Missouri Project, authorized by 

3 the Flood Control Act of May 15, 1928 (33 U.S.C. 

4 702a et seq.). 

5 (2) TERMS AND CONDITIONS.— 

6 (A) IN GENERAL.—The conveyance by the 

7 United States under this subsection shall be 

8 subject to— 

9 (i) the condition that the State of Ar10 kansas agree to operate, maintain, and 

11 manage the real property for fish and wild12 life, recreation, and environmental pur13 poses at no cost or expense to the United 

14 States; and 

15 (ii) such other terms and conditions 

16 as the Secretary determines to be in the 

17 interest of the United States. 

18 (B) REVERSION.—If the Secretary deter19 mines that the real property conveyed under 

20 paragraph (1) ceases to be held in public own21 ership or the State ceases to operate, maintain, 

22 and manage the real property in accordance 

23 with this subsection, all right, title, and interest 

24 in and to the property shall revert to the United 

25 States, at the option of the Secretary. 


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1 (3) MITIGATION.—Nothing in this subsection 

2 extinguishes the responsibility of the Federal Gov3 ernment or the non-Federal interest for the project 

4 referred to in paragraph (1) from the obligation to 

5 implement mitigation for such project that existed 

6 on the day prior to the transfer authorized by this 

7 subsection. 

8 (b) MILFORD, KANSAS.— 

9 (1) IN GENERAL.—The Secretary shall convey 

10 by quitclaim deed without consideration to the Geary 

11 County Fire Department, Milford, Kansas, all right, 

12 title, and interest of the United States in and to real 

13 property consisting of approximately 7.4 acres lo14 cated in Geary County, Kansas, for construction, op15 eration, and maintenance of a fire station. 

16 (2) REVERSION.—If the Secretary determines 

17 that the real property conveyed under paragraph (1) 

18 ceases to be held in public ownership or ceases to be 

19 operated and maintained as a fire station, all right, 

20 title, and interest in and to the property shall revert 

21 to the United States, at the option of the United 

22 States. 

23 (c) PIKE COUNTY, MISSOURI.— 

24 (1) IN GENERAL.—At such time as S.S.S., Inc., 

25 conveys all right, title and interest in and to the real 


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1 property described in paragraph (2)(A) to the 

2 United States, the Secretary shall convey all right, 

3 title, and interest of the United States in and to the 

4 real property described in paragraph (2)(B) to 

5 S.S.S., Inc. 

6 (2) LAND DESCRIPTION.—The parcels of land 

7 referred to in paragraph (1) are the following: 

8 (A) NON-FEDERAL LAND.—Approximately 

9 42 acres, the exact legal description to be deter10 mined by mutual agreement of S.S.S., Inc., and 

11 the Secretary, subject to any existing flowage 

12 easements situated in Pike County, Missouri, 

13 upstream and northwest, about a 200-foot dis14 tance from Drake Island (also known as Grimes 

15 Island). 

16 (B) FEDERAL LAND.—Approximately 42 

17 acres, the exact legal description to be deter18 mined by mutual agreement of S.S.S. Inc., and 

19 the Secretary, situated in Pike County, Mis20 souri, known as Government Tract Numbers 

21 MIs–7 and a portion of FM–46 (both tracts on 

22 Buffalo Island), administered by the Corps of 

23 Engineers. 


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1 (3) CONDITIONS.—The exchange of real prop2 erty under paragraph (1) shall be subject to the fol3 lowing conditions: 

4 (A) DEEDS.— 

5 (i) NON-FEDERAL LAND.—The con6 veyance of the real property described in 

7 paragraph (2)(A) to the Secretary shall be 

8 by a warranty deed acceptable to the Sec9 retary. 

10 (ii) FEDERAL LAND.—The instrument 

11 of conveyance used to convey the real prop12 erty described in paragraph (2)(B) to 

13 S.S.S., Inc., shall be by quitclaim deed and 

14 contain such reservations, terms, and con15 ditions as the Secretary considers nec16 essary to allow the United States to oper17 ate and maintain the Mississippi River 9- 

18 Foot Navigation Project. 

19 (B) REMOVAL OF IMPROVEMENTS.— 

20 S.S.S., Inc., may remove, and the Secretary 

21 may require S.S.S., Inc., to remove, any im22 provements on the land described in paragraph 

23 (2)(A). 

24 (C) TIME LIMIT FOR EXCHANGE.—The 

25 land exchange under paragraph (1) shall be 


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1 completed not later than 2 years after the date 

2 of enactment of this Act. 

3 (4) VALUE OF PROPERTIES.—If the appraised 

4 fair market value, as determined by the Secretary, 

5 of the real property conveyed to S.S.S., Inc., by the 

6 Secretary under paragraph (1) exceeds the appraised 

7 fair market value, as determined by the Secretary, 

8 of the real property conveyed to the United States 

9 by S.S.S., Inc., under paragraph (1), S.S.S., Inc., 

10 shall make a payment to the United States equal to 

11 the excess in cash or a cash equivalent that is satis12 factory to the Secretary. 

13 (d) BOARDMAN, OREGON.—Section 501(g)(1) of the 

14 Water Resources Development Act of 1996 (110 Stat. 

15 3751) is amended— 

16 (1) by striking ‘‘city of Boardman,’’ and insert17 ing ‘‘the Boardman Park and Recreation District, 

18 Boardman,’’; and 

19 (2) by striking ‘‘such city’’ and inserting ‘‘the 

20 city of Boardman’’. 

21 (e) LOWELL, OREGON.— 

22 (1) IN GENERAL.—The Secretary may convey 

23 without consideration to Lowell School District, by 

24 quitclaim deed, all right, title, and interest of the 

25 United States in and to land and buildings thereon, 


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1 known as Tract A–82, located in Lowell, Oregon, 

2 and described in paragraph (2). 

3 (2) DESCRIPTION OF PROPERTY.—The parcel 

4 of land authorized to be conveyed under paragraph 

5 (1) is as follows: Commencing at the point of inter6 section of the west line of Pioneer Street with the 

7 westerly extension of the north line of Summit 

8 Street, in Meadows Addition to Lowell, as platted 

9 and recorded at page 56 of Volume 4, Lane County 

10 Oregon Plat Records; thence north on the west line 

11 of Pioneer Street a distance of 176.0 feet to the true 

12 point of beginning of this description; thence north 

13 on the west line of Pioneer Street a distance of 

14 170.0 feet; thence west at right angles to the west 

15 line of Pioneer Street a distance of 250.0 feet; 

16 thence south and parallel to the west line of Pioneer 

17 Street a distance of 170.0 feet; thence east 250.0 

18 feet to the true point of beginning of this description 

19 in Section 14, Township 19 South, Range 1 West of 

20 the Willamette Meridian, Lane County, Oregon. 

21 (3) TERMS AND CONDITIONS.—Before con22 veying the parcel to the school district, the Secretary 

23 shall ensure that the conditions of buildings and fa24 cilities meet the requirements of applicable Federal 

25 law. 


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1 (4) REVERSION.—If the Secretary determines 

2 that the property conveyed under paragraph (1) 

3 ceases to be held in public ownership, all right, title, 

4 and interest in and to the property shall revert to 

5 the United States, at the option of the United 

6 States. 

7 (f) LOWELL, OREGON.— 

8 (1) RELEASE AND EXTINGUISHMENT OF DEED

9 RESERVATIONS.— 

10 (A) RELEASE AND EXTINGUISHMENT OF

11 DEED RESERVATIONS.—The Secretary may re12 lease and extinguish the deed reservations for 

13 access and communication cables contained in 

14 the quitclaim deed, dated January 26, 1965, 

15 and recorded February 15, 1965, in the records 

16 of Lane County, Oregon; except that such res17 ervations may only be released and extinguished 

18 for the lands owned by the city of Lowell as de19 scribed in the quitclaim deed, dated April 11, 

20 1991, in such records. 

21 (B) ADDITIONAL RELEASE AND EXTIN22 GUISHMENT OF DEED RESERVATIONS.—The 

23 Secretary may also release and extinguish the 

24 same deed reservations referred to in subpara25 graph (A) over land owned by Lane County, 


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1 Oregon, within the city limits of Lowell, Or2 egon, to accommodate the development pro3 posals of the city of Lowell/St. Vincent de Paul, 

4 Lane County, affordable housing project; except 

5 that the Secretary may require, at no cost to 

6 the United States— 

7 (i) the alteration or relocation of any 

8 existing facilities, utilities, roads, or similar 

9 improvements on such lands; and 

10 (ii) the right-of-way for such facilities, 

11 utilities, or improvements, as a pre-condi12 tion of any release or extinguishment of 

13 the deed reservations. 

14 (2) CONVEYANCE.—The Secretary may convey 

15 to the city of Lowell, Oregon, at fair market value 

16 the parcel of land situated in the city of Lowell, Or17 egon, at fair market value consisting of the strip of 

18 federally-owned lands located northeast of West 

19 Boundary Road between Hyland Lane and the city 

20 of Lowell’s eastward city limits. 

21 (3) ADMINISTRATIVE COST.—Notwithstanding 

22 paragraphs (1) and (2), the city of Lowell, Oregon, 

23 shall pay the administrative costs incurred by the 

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1 ment of the deed reservations under paragraph (1) 

2 and the conveyance under paragraph (2). 

3 (g) RICHARD B. RUSSELL LAKE, SOUTH CARO4 LINA.— 

5 (1) IN GENERAL.—The Secretary shall convey 

6 to the State of South Carolina, by quitclaim deed, 

7 at fair market value, all right, title, and interest of 

8 the United States in and to the real property de9 scribed in paragraph (2) that is managed, as of the 

10 date of enactment of this Act, by the South Carolina 

11 department of commerce for public recreation pur12 poses for the Richard B. Russell Dam and Lake, 

13 South Carolina, project authorized by section 203 of 

14 the Flood Control Act of 1966 (80 Stat. 1420). 

15 (2) LAND DESCRIPTION.—Subject to paragraph 

16 (3), the real property referred to in paragraph (1) 

17 is the parcel contained in the portion of real prop18 erty described in Army Lease Number DACW21–1– 

19 92–0500. 

20 (3) RESERVATION OF INTERESTS.—The United 

21 States shall reserve— 

22 (A) ownership of all real property included 

23 in the lease referred to in paragraph (2) that 

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1 tion of the 1962 Army/Interior Joint Acquisi2 tion Policy; and 

3 (B) such other rights and interests in and 

4 to the real property to be conveyed as the Sec5 retary considers necessary for authorized 

6 project purposes, including easement rights-of7 way to remaining Federal land. 

8 (4) NO EFFECT ON SHORE MANAGEMENT POL9 ICY.—The Shoreline Management Policy (ER–1130– 

10 2–406) of the Corps of Engineers shall not be 

11 changed or altered for any proposed development of 

12 land conveyed under this subsection. 

13 (5) COST SHARING.—In carrying out the con14 veyance under this subsection, the Secretary and the 

15 State shall comply with all obligations of any cost16 sharing agreement between the Secretary and the 

17 State with respect to the real property described in 

18 paragraph (2) in effect as of the date of the convey19 ance. 

20 (6) LAND NOT CONVEYED.—The State shall 

21 continue to manage the real property described in 

22 paragraph (3) not conveyed under this subsection in 

23 accordance with the terms and conditions of Army 

24 Lease Number DACW21–1–92–0500. 

25 (h) DENISON, TEXAS.— 


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1 (1) IN GENERAL.—The Secretary shall offer to 

2 convey at fair market value to the city of Denison, 

3 Texas, all right, title, and interest of the United 

4 States in and to the approximately 900 acres of land 

5 located in Grayson County, Texas, which is currently 

6 subject to an application for lease for public park 

7 and recreational purposes made by the city of 

8 Denison, dated August 17, 2005. 

9 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

10 The exact acreage and description of the real prop11 erty referred to in paragraph (1) shall be determined 

12 by a survey paid for by the city of Denison, Texas, 

13 that is satisfactory to the Secretary. 

14 (3) CONVEYANCE.—On acceptance by the city 

15 of Denison, Texas, of an offer under paragraph (1), 

16 the Secretary may immediately convey the land sur17 veyed under paragraph (2) by quitclaim deed to the 

18 city of Denison, Texas. 

19 (i) GENERALLY APPLICABLE PROVISIONS.— 

20 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

21 The exact acreage and the legal description of any 

22 real property to be conveyed under this section shall 

23 be determined by a survey that is satisfactory to the 

24 Secretary. 


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1 (2) APPLICABILITY OF PROPERTY SCREENING

2 PROVISIONS.—Section 2696 of title 10, United 

3 States Code, shall not apply to any conveyance 

4 under this section. 

5 (3) ADDITIONAL TERMS AND CONDITIONS.— 

6 The Secretary may require that any conveyance 

7 under this section be subject to such additional 

8 terms and conditions as the Secretary considers ap9 propriate and necessary to protect the interests of 

10 the United States. 

11 (4) COSTS OF CONVEYANCE.—An entity to 

12 which a conveyance is made under this section shall 

13 be responsible for all reasonable and necessary costs, 

14 including real estate transaction and environmental 

15 documentation costs, associated with the conveyance. 

16 (5) LIABILITY.—An entity to which a convey17 ance is made under this section shall hold the 

18 United States harmless from any liability with re19 spect to activities carried out, on or after the date 

20 of the conveyance, on the real property conveyed. 

21 The United States shall remain responsible for any 

22 liability with respect to activities carried out, before 

23 such date, on the real property conveyed. 


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1 SEC. 3116. EXTINGUISHMENT OF REVERSIONARY INTER2 ESTS AND USE RESTRICTIONS. 

3 (a) IDAHO.— 

4 (1) IN GENERAL.—With respect to the property 

5 covered by each deed in paragraph (2)— 

6 (A) the reversionary interests and use re7 strictions relating to port and industrial use 

8 purposes are extinguished; 

9 (B) the restriction that no activity shall be 

10 permitted that will compete with services and 

11 facilities offered by public marinas is extin12 guished; and 

13 (C) the human habitation or other building 

14 structure use restriction is extinguished if the 

15 elevation of the property is above the standard 

16 project flood elevation. 

17 (2) AFFECTED DEEDS.—The deeds with the fol18 lowing county auditor’s file numbers are referred to 

19 in paragraph (1): 

20 (A) Auditor’s Instrument No. 399218 of 

21 Nez Perce County, Idaho—2.07 acres. 

22 (B) Auditor’s Instrument No. 487437 of 

23 Nez Perce County, Idaho—7.32 acres. 

24 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

25 RIVER, TENNESSEE.— 


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1 (1) RELEASE OF RETAINED RIGHTS, INTER2 ESTS, RESERVATIONS.—With respect to land con3 veyed by the Secretary to the Tennessee Society of 

4 Crippled Children and Adults, Incorporated (com5 monly known as ‘‘Easter Seals Tennessee’’) at Old 

6 Hickory Lock and Dam, Cumberland River, Ten7 nessee, under section 211 of the Flood Control Act 

8 of 1965 (79 Stat. 1087), the reversionary interests 

9 and the use restrictions relating to recreation and 

10 camping purposes are extinguished. 

11 (2) INSTRUMENT OF RELEASE.—As soon as 

12 practicable after the date of enactment of this Act, 

13 the Secretary shall execute and file in the appro14 priate office a deed of release, amended deed, or 

15 other appropriate instrument effectuating the release 

16 of interests required by paragraph (1). 

17 (c) PORT OF PASCO, WASHINGTON.— 

18 (1) EXTINGUISHMENT OF USE RESTRICTIONS

19 AND FLOWAGE EASEMENT.—With respect to the 

20 property covered by the deed in paragraph (3)(A)— 

21 (A) the flowage easement and human habi22 tation or other building structure use restriction 

23 is extinguished if the elevation of the property 

24 is above the standard project flood elevation; 

25 and 


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1 (B) the use of fill material to raise areas 

2 of the property above the standard project flood 

3 elevation is authorized, except in any area for 

4 which a permit under section 404 of the Fed5 eral Water Pollution Control Act (33 U.S.C. 

6 1344) is required. 

7 (2) EXTINGUISHMENT OF FLOWAGE EASE8 MENT.—With respect to the property covered by 

9 each deed in paragraph (3)(B), the flowage ease10 ment is extinguished if the elevation of the property 

11 is above the standard project flood elevation. 

12 (3) AFFECTED DEEDS.—The deeds referred to 

13 in paragraphs (1) and (2) are as follows: 

14 (A) Auditor’s File Number 262980 of 

15 Franklin County, Washington. 

16 (B) Auditor’s File Numbers 263334 and 

17 404398 of Franklin County, Washington. 

18 (d) NO EFFECT ON OTHER RIGHTS.—Nothing in 

19 this section affects the remaining rights and interests of 

20 the Corps of Engineers for authorized project purposes. 

21 TITLE IV—STUDIES 

22 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

23 Section 455 of the Water Resources Development Act 

24 of 1999 (42 U.S.C. 1962d–21) is amended by adding at 

25 the end the following: 


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1 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 

2 non-Federal interest may provide up to 100 percent of the 

3 non-Federal share required under subsection (f) in the 

4 form of in-kind services and materials.’’. 

5 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

6 SITES. 

7 The Secretary shall conduct a study to determine the 

8 nature and frequency of avian botulism problems in the 

9 vicinity of Lake Erie associated with dredged material dis10 posal sites and shall make recommendations to eliminate 

11 the conditions that result in such problems. 

12 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

13 STUDY. 

14 (a) IN GENERAL.—The Secretary, in coordination 

15 with the Secretary of the Interior, the Secretary of Agri16 culture, the Secretary of Commerce, and other appropriate 

17 agencies, shall conduct, at Federal expense, a comprehen18 sive study of drought conditions in the southwestern 

19 United States, with particular emphasis on the Colorado 

20 River basin, the Rio Grande River basin, and the Great 

21 Basin. 

22 (b) INVENTORY OF ACTIONS.—In conducting the 

23 study, the Secretary shall assemble an inventory of actions 

24 taken or planned to be taken to address drought-related 

25 situations in the southwestern United States. 


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1 (c) PURPOSE.—The purpose of the study shall be to 

2 develop recommendations to more effectively address cur3 rent and future drought conditions in the southwestern 

4 United States. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary to carry 

7 out this section $7,000,000. Such funds shall remain 

8 available until expended. 

9 SEC. 4004. DELAWARE RIVER. 

10 The Secretary shall review, in consultation with the 

11 Delaware River Basin Commission and the States of Dela12 ware, Pennsylvania, New Jersey, and New York, the re13 port of the Chief of Engineers on the Delaware River, pub14 lished as House Document Numbered 522, 87th Congress, 

15 Second Session, as it relates to the Mid-Delaware River 

16 Basin from Wilmington to Port Jervis, and any other per17 tinent reports (including the strategy for resolution of 

18 interstate flow management issues in the Delaware River 

19 Basin dated August 2004 and the National Park Service 

20 Lower Delaware River Management Plan (1997–1999)), 

21 with a view to determining whether any modifications of 

22 recommendations contained in the first report referred to 

23 are advisable at the present time, in the interest of flood 

24 damage reduction, ecosystem restoration, and other re25 lated problems. 


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1 SEC. 4005. KNIK ARM, COOK INLET, ALASKA. 

2 The Secretary shall conduct, at Federal expense, a 

3 study to determine the potential impacts on navigation of 

4 construction of a bridge across Knik Arm, Cook Inlet, 

5 Alaska. 

6 SEC. 4006. KUSKOKWIM RIVER, ALASKA. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for navigation, 

9 Kuskokwim River, Alaska, in the vicinity of the village of 

10 Crooked Creek. 

11 SEC. 4007. ST. GEORGE HARBOR, ALASKA. 

12 The Secretary shall conduct, at Federal expense, a 

13 study to determine the feasibility of providing navigation 

14 improvements at St. George Harbor, Alaska. 

15 SEC. 4008. SUSITNA RIVER, ALASKA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for hydropower, recre18 ation, and related purposes on the Susitna River, Alaska. 

19 SEC. 4009. GILA BEND, MARICOPA, ARIZONA. 

20 (a) IN GENERAL.—The Secretary shall conduct a 

21 study to determine the feasibility of carrying out a project 

22 for flood damage reduction, Gila Bend, Maricopa, Arizona. 

23 (b) REVIEW OF PLANS.—In conducting the study, the 

24 Secretary shall review plans and designs developed by non25 Federal interests and shall incorporate such plans and de26 signs into the Federal study if the Secretary determines 


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1 that such plans and designs are consistent with Federal 

2 standards. 

3 SEC. 4010. SEARCY COUNTY, ARKANSAS. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of using Greers Ferry Lake as a water supply 

6 source for Searcy County, Arkansas. 

7 SEC. 4011. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

8 The Secretary shall conduct a study of the Elkhorn 

9 Slough estuary, California, to determine the feasibility of 

10 conserving, enhancing, and restoring estuarine habitats by 

11 developing strategies to address hydrological management 

12 issues. 

13 SEC. 4012. FRESNO, KINGS, AND KERN COUNTIES, CALI14 FORNIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for water supply for 

17 Fresno, Kings, and Kern Counties, California. 

18 SEC. 4013. LOS ANGELES RIVER REVITALIZATION STUDY, 

19 CALIFORNIA. 

20 (a) IN GENERAL.—The Secretary, in coordination 

21 with the city of Los Angeles, shall— 

22 (1) prepare a feasibility study for environmental 

23 restoration, flood control, recreation, and other as24 pects of Los Angeles River revitalization that is con25 sistent with the goals of the Los Angeles River ReviVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 talization Master Plan published by the city of Los 

2 Angeles; and 

3 (2) consider any locally-preferred project alter4 natives developed through a full and open evaluation 

5 process for inclusion in the study. 

6 (b) USE OF EXISTING INFORMATION AND MEAS7 URES.—In preparing the study under subsection (a), the 

8 Secretary shall use, to the maximum extent practicable— 

9 (1) information obtained from the Los Angeles 

10 River Revitalization Master Plan; and 

11 (2) the development process of that plan. 

12 (c) DEMONSTRATION PROJECTS.— 

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

14 to construct demonstration projects in order to pro15 vide information to develop the study under sub16 section (a)(1). 

17 (2) FEDERAL SHARE.—The Federal share of 

18 the cost of any project under this subsection shall be 

19 not more than 65 percent. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

22 this subsection $20,000,000. 

23 SEC. 4014. LYTLE CREEK, RIALTO, CALIFORNIA. 

24 The Secretary shall conduct a study to determine the 

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1 duction and groundwater recharge, Lytle Creek, Rialto, 

2 California. 

3 SEC. 4015. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

4 CALIFORNIA. 

5 (a) IN GENERAL.—The Secretary shall conduct a 

6 study to determine the feasibility of carrying out a project 

7 for water supply along the Mokelumne River, San Joaquin 

8 County, California. 

9 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

10 Nothing in this section shall be construed to invalidate, 

11 preempt, or create any exception to State water law, State 

12 water rights, or Federal or State permitted activities or 

13 agreements. 

14 SEC. 4016. NAPA RIVER, ST. HELENA, CALIFORNIA. 

15 (a) IN GENERAL.—The Secretary shall conduct a 

16 comprehensive study of the Napa River in the vicinity of 

17 St. Helena, California, for the purposes of improving flood 

18 management through reconnecting the river to its flood19 plain; restoring habitat, including riparian and aquatic 

20 habitat; improving fish passage and water quality; and re21 storing native plant communities. 

22 (b) PLANS AND DESIGNS.—In conducting the study, 

23 the Secretary shall review plans and designs developed by 

24 non-Federal interests and shall incorporate such plans and 

25 designs into the Federal study if the Secretary determines 


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1 that such plans and designs are consistent with Federal 

2 standards. 

3 SEC. 4017. ORICK, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall conduct a 

5 study to determine the feasibility of carrying out a project 

6 for flood damage reduction and ecosystem restoration, 

7 Orick, California. 

8 (b) FEASIBILITY OF RESTORING OR REHABILI9 TATING REDWOOK CREEK LEVEES.—In conducting the 

10 study, the Secretary shall determine the feasibility of re11 storing or rehabilitating the Redwood Creek Levees, Hum12 boldt County, California. 

13 SEC. 4018. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply for 

16 Rialto, Fontana, and Colton, California. 

17 SEC. 4019. SACRAMENTO RIVER, CALIFORNIA. 

18 The Secretary shall conduct a comprehensive study 

19 to determine the feasibility of, and alternatives for, meas20 ures to protect water diversion facilities and fish protective 

21 screen facilities in the vicinity of river mile 178 on the 

22 Sacramento River, California. 

23 SEC. 4020. SAN DIEGO COUNTY, CALIFORNIA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for water supply, San 


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1 Diego County, California, including a review of the feasi2 bility of connecting 4 existing reservoirs to increase usable 

3 storage capacity. 

4 SEC. 4021. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA5 QUIN DELTA, CALIFORNIA. 

6 (a) IN GENERAL.—The Secretary shall conduct a 

7 study to determine the feasibility of the beneficial use of 

8 dredged material from the San Francisco Bay in the Sac9 ramento-San Joaquin Delta, California, including the ben10 efits and impacts of salinity in the Delta and the benefits 

11 to navigation, flood damage reduction, ecosystem restora12 tion, water quality, salinity control, water supply reli13 ability, and recreation. 

14 (b) COOPERATION.—In conducting the study, the 

15 Secretary shall cooperate with the California Department 

16 of Water Resources and appropriate Federal and State en17 tities in developing options for the beneficial use of 

18 dredged material from San Francisco Bay for the Sac19 ramento-San Joaquin Delta area. 

20 (c) REVIEW.—The study shall include a review of the 

21 feasibility of using Sherman Island as a rehandling site 

22 for levee maintenance material, as well as for ecosystem 

23 restoration. The review may include monitoring a pilot 

24 project using up to 150,000 cubic yards of dredged mate25 rial and being carried out at the Sherman Island site, exVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 amining larger scale use of dredged materials from the 

2 San Francisco Bay and Suisun Bay Channel, and ana3 lyzing the feasibility of the potential use of saline mate4 rials from the San Francisco Bay for both rehandling and 

5 ecosystem restoration purposes. 

6 SEC. 4022. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

7 CALIFORNIA. 

8 (a) IN GENERAL.—In conducting the South San 

9 Francisco Bay shoreline study, the Secretary shall— 

10 (1) review the planning, design, and land acqui11 sition documents prepared by the California State 

12 Coastal Conservancy, the Santa Clara Valley Water 

13 District, and other local interests in developing rec14 ommendations for measures to provide flood protec15 tion of the South San Francisco Bay shoreline, res16 toration of the South San Francisco Bay salt ponds 

17 (including lands owned by the Department of the In18 terior), and other related purposes; and 

19 (2) incorporate such planning, design, and land 

20 acquisition documents into the Federal study if the 

21 Secretary determines that such documents are con22 sistent with Federal standards. 

23 (b) REPORT.—Not later than December 31, 2008, 

24 the Secretary shall transmit a feasibility report for the 

25 South San Francisco Bay shoreline study to the ComVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Environment 

3 and Public Works of the Senate. 

4 (c) CREDIT.— 

5 (1) IN GENERAL.—The Secretary shall credit 

6 toward the non-Federal share of the cost of any 

7 project authorized by law as a result of the South 

8 San Francisco Bay shoreline study the cost of work 

9 carried out by the non-Federal interest before the 

10 date of the partnership agreement for the project if 

11 the Secretary determines that the work is integral to 

12 the project. 

13 (2) LIMITATION.—In no case may work that 

14 was carried out more than 5 years before the date 

15 of enactment of this Act be eligible for credit under 

16 this subsection. 

17 SEC. 4023. ROARING FORK RIVER, BASALT, COLORADO. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction and other purposes for the Roaring Fork River, 

21 Basalt, Colorado. 

22 SEC. 4024. DELAWARE AND CHRISTINA RIVERS AND 

23 SHELLPOT CREEK, WILMINGTON, DELAWARE. 

24 The Secretary shall conduct a study to determine the 

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1 duction and related purposes along the Delaware and 

2 Christina Rivers and Shellpot Creek, Wilmington, Dela3 ware. 

4 SEC. 4025. COLLIER COUNTY BEACHES, FLORIDA. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for hurricane and 

7 storm damage reduction and flood damage reduction in 

8 the vicinity of Vanderbilt, Park Shore, and Naples beach9 es, Collier County, Florida. 

10 SEC. 4026. LOWER ST. JOHNS RIVER, FLORIDA. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for environmental pro13 tection and restoration, including improved water quality, 

14 and related purposes, Lower St. Johns River, Florida. 

15 SEC. 4027. VANDERBILT BEACH LAGOON, FLORIDA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for environmental res18 toration, water supply, and improvement of water quality 

19 at Vanderbilt Beach Lagoon, Florida. 

20 SEC. 4028. MERIWETHER COUNTY, GEORGIA. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for water supply, 

23 Meriwether County, Georgia. 


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1 SEC. 4029. TYBEE ISLAND, GEORGIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of including the northern end of Tybee Island 

4 extending from the north terminal groin to the mouth of 

5 Lazaretto Creek as a part of the project for beach erosion 

6 control, Tybee Island, Georgia, carried out under section 

7 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d– 

8 5). 

9 SEC. 4030. BOISE RIVER, IDAHO. 

10 The study for flood control, Boise River, Idaho, au11 thorized by section 414 of the Water Resources Develop12 ment Act of 1999 (113 Stat. 324), is modified— 

13 (1) to add ecosystem restoration and water sup14 ply as project purposes to be studied; and 

15 (2) to require the Secretary to credit toward the 

16 non-Federal share of the cost of the study the cost, 

17 not to exceed $500,000, of work carried out by the 

18 non-Federal interest before the date of the partner19 ship agreement for the project if the Secretary de20 termines that the work is integral to the project. 

21 SEC. 4031. BALLARD’S ISLAND SIDE CHANNEL, ILLINOIS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for ecosystem restora24 tion, Ballard’s Island, Illinois. 


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1 SEC. 4032. SALEM, INDIANA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project to provide an addi4 tional water supply source for Salem, Indiana. 

5 SEC. 4033. BUCKHORN LAKE, KENTUCKY. 

6 (a) IN GENERAL.—The Secretary shall conduct a 

7 study to determine the feasibility of modifying the project 

8 for flood damage reduction, Buckhorn Lake, Kentucky, 

9 authorized by section 2 of the Flood Control Act of June 

10 28, 1938 (52 Stat. 1217), to add ecosystem restoration, 

11 recreation, and improved access as project purposes, in12 cluding permanently raising the winter pool elevation of 

13 the project. 

14 (b) IN-KIND CONTRIBUTIONS.—The non-Federal in15 terest may provide the non-Federal share of the cost of 

16 the study in the form of in-kind services and materials. 

17 SEC. 4034. DEWEY LAKE, KENTUCKY. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of modifying the project for Dewey Lake, Ken20 tucky, to add water supply as a project purpose. 

21 SEC. 4035. LOUISVILLE, KENTUCKY. 

22 The Secretary shall conduct a study of the project 

23 for flood control, Louisville, Kentucky, authorized by sec24 tion 4 of the Flood Control Act of June 28, 1938 (52 Stat. 

25 1217), to investigate measures to address the rehabilita26 tion of the project. 


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1 SEC. 4036. FALL RIVER HARBOR, MASSACHUSETTS AND 

2 RHODE ISLAND. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of deepening that portion of the navigation 

5 channel of the navigation project for Fall River Harbor, 

6 Massachusetts and Rhode Island, authorized by section 

7 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

8 seaward of the Charles M. Braga, Jr. Memorial Bridge, 

9 Fall River and Somerset, Massachusetts. 

10 SEC. 4037. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI11 GAN. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for flood damage re14 duction on Ore Lake and the Huron River for Hamburg 

15 and Green Oak Townships, Michigan. 

16 SEC. 4038. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

17 WISCONSIN. 

18 (a) IN GENERAL.—The Secretary shall conduct a 

19 study and prepare a report to evaluate the integrity of 

20 the bulkhead system located on and in the vicinity of Du21 luth-Superior Harbor, Duluth, Minnesota, and Superior, 

22 Wisconsin. 

23 (b) CONTENTS.—The report shall include— 

24 (1) a determination of causes of corrosion of 

25 the bulkhead system; 


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1 (2) recommendations to reduce corrosion of the 

2 bulkhead system; 

3 (3) a description of the necessary repairs to the 

4 bulkhead system; and 

5 (4) an estimate of the cost of addressing the 

6 causes of the corrosion and carrying out necessary 

7 repairs. 

8 SEC. 4039. NORTHEAST MISSISSIPPI. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of modifying the project for navigation, Ten11 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

12 provide water supply for northeast Mississippi. 

13 SEC. 4040. ST. LOUIS, MISSOURI. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction, St. Louis, Missouri, to restore or rehabilitate the 

17 levee system feature of the project for flood protection, 

18 St. Louis, Missouri, authorized by the first section of the 

19 Act entitled ′′An Act authorizing construction of certain 

20 public works on the Mississippi River for the protection 

21 of Saint Louis, Missouri′′, approved August 9, 1955 (69 

22 Stat. 540). 

23 SEC. 4041. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project in the vicinity of the 


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1 Atlantic Intracoastal Waterway, New Jersey, for the con2 struction of a dredged material disposal transfer facility 

3 to make dredged material available for beneficial reuse. 

4 SEC. 4042. BAYONNE, NEW JERSEY. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for environmental res7 toration, including improved water quality, enhanced pub8 lic access, and recreation, on the Kill Van Kull, Bayonne, 

9 New Jersey. 

10 SEC. 4043. CARTERET, NEW JERSEY. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for environmental res13 toration, including improved water quality, enhanced pub14 lic access, and recreation, on the Raritan River, Carteret, 

15 New Jersey. 

16 SEC. 4044. GLOUCESTER COUNTY, NEW JERSEY. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for flood damage re19 duction, Gloucester County, New Jersey, including the 

20 feasibility of restoring the flood protection dikes in 

21 Gibbstown, New Jersey, and the associated tidegates in 

22 Gloucester County, New Jersey. 

23 SEC. 4045. PERTH AMBOY, NEW JERSEY. 

24 The Secretary shall conduct a study to determine the 

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1 ment, including enhanced public access, recreation, and 

2 environmental restoration, on the Arthur Kill, Perth 

3 Amboy, New Jersey. 

4 SEC. 4046. BATAVIA, NEW YORK. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for hydropower and 

7 related purposes in the vicinity of Batavia, New York. 

8 SEC. 4047. BIG SISTER CREEK, EVANS, NEW YORK. 

9 (a) IN GENERAL.—The Secretary shall conduct a 

10 study to determine the feasibility of carrying out a project 

11 for flood damage reduction, Big Sister Creek, Evans, New 

12 York. 

13 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In 

14 conducting the study, the Secretary shall evaluate poten15 tial solutions to flooding from all sources, including flood16 ing that results from ice jams. 

17 SEC. 4048. FINGER LAKES, NEW YORK. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for aquatic ecosystem 

20 restoration and protection, Finger Lakes, New York, to 

21 address water quality and aquatic nuisance species. 

22 SEC. 4049. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

23 The Secretary shall conduct a study to determine the 

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1 duction and shoreline protection in the vicinity of Galla2 gher Beach, Lake Erie Shoreline, Buffalo, New York. 

3 SEC. 4050. NEWTOWN CREEK, NEW YORK. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out ecosystem restoration improve6 ments on Newtown Creek, Brooklyn and Queens, New 

7 York. 

8 SEC. 4051. NIAGARA RIVER, NEW YORK. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for a low-head hydro11 electric generating facility in the Niagara River, New 

12 York. 

13 SEC. 4052. SHORE PARKWAY GREENWAY, BROOKLYN, NEW 

14 YORK. 

15 The Secretary shall conduct a study of the feasibility 

16 of carrying out a project for shoreline protection in the 

17 vicinity of the confluence of the Narrows and Gravesend 

18 Bay, Upper New York Bay, Shore Parkway Greenway, 

19 Brooklyn, New York. 

20 SEC. 4053. UPPER DELAWARE RIVER WATERSHED, NEW 

21 YORK. 

22 Notwithstanding section 221 of the Flood Control 

23 Act of 1970 (42 U.S.C. 1962d–5b) and with the consent 

24 of the affected local government, a nonprofit organization 

25 may serve as the non-Federal interest for a study for the 


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1 Upper Delaware River watershed, New York, being carried 

2 out under Committee Resolution 2495 of the Committee 

3 on Transportation and Infrastructure of the House of 

4 Representatives, adopted May 9, 1996. 

5 SEC. 4054. LINCOLN COUNTY, NORTH CAROLINA. 

6 The Secretary shall conduct a study of existing water 

7 and water quality-related infrastructure in Lincoln Coun8 ty, North Carolina, to assist local interests in determining 

9 the most efficient and effective way to connect county in10 frastructure. 

11 SEC. 4055. WILKES COUNTY, NORTH CAROLINA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply, 

14 Wilkes County, North Carolina. 

15 SEC. 4056. YADKINVILLE, NORTH CAROLINA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for water supply, 

18 Yadkinville, North Carolina. 

19 SEC. 4057. CINCINNATI, OHIO. 

20 (a) IN GENERAL.—The Secretary shall conduct a 

21 study to determine the feasibility of carrying out a project 

22 for ecosystem restoration and recreation on the Ohio 

23 River, Cincinnati, Ohio. 

24 (b) DESIGN.—While conducting the study, the Sec25 retary may continue to carry out design work for the 


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1 project as authorized by section 118 of division H of the 

2 Consolidated Appropriations Act, 2004 (118 Stat. 439). 

3 (c) EXISTING PLANS.—In conducting the study, the 

4 Secretary shall review the Central Riverfront Park Master 

5 Plan, dated December 1999, and incorporate any compo6 nents of the plan that the Secretary determines are con7 sistent with Federal standards. 

8 (d) CREDIT.— 

9 (1) IN GENERAL.—The Secretary shall credit 

10 toward the non-Federal share of the cost of any 

11 project authorized by law as a result of the study 

12 the cost of work carried out by the non-Federal in13 terest before the date of the partnership agreement 

14 for the project if the Secretary determines that the 

15 work is integral to the project. 

16 (2) LIMITATION.—In no case may work that 

17 was carried out more than 5 years before the date 

18 of enactment of this Act be eligible for credit under 

19 this subsection. 

20 SEC. 4058. LAKE ERIE, OHIO. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out projects for power generation 

23 at confined disposal facilities along Lake Erie, Ohio. 


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1 SEC. 4059. OHIO RIVER, OHIO. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out projects for flood damage reduc4 tion on the Ohio River in Mahoning, Columbiana, Jeffer5 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

6 Gallia, Lawrence, and Scioto Counties, Ohio. 

7 SEC. 4060. ECOSYSTEM RESTORATION AND FISH PASSAGE 

8 IMPROVEMENTS, OREGON. 

9 (a) STUDY.—The Secretary shall conduct a study to 

10 determine the feasibility of undertaking ecosystem restora11 tion and fish passage improvements on rivers throughout 

12 the State of Oregon. 

13 (b) REQUIREMENTS.—In carrying out the study, the 

14 Secretary shall— 

15 (1) work in coordination with the State of Or16 egon, local governments, and other Federal agencies; 

17 and 

18 (2) place emphasis on— 

19 (A) fish passage and conservation and res20 toration strategies to benefit species that are 

21 listed or proposed for listing as threatened or 

22 endangered species under the Endangered Spe23 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 

24 (B) other watershed restoration objectives. 

25 (c) PILOT PROGRAM.— 


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1 (1) IN GENERAL.—In conjunction with con2 ducting the study under subsection (a), the Sec3 retary may carry out pilot projects to demonstrate 

4 the effectiveness of ecosystem restoration and fish 

5 passages. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated $5,000,000 

8 to carry out this subsection. 

9 SEC. 4061. WALLA WALLA RIVER BASIN, OREGON. 

10 In conducting the study of determine the feasibility 

11 of carrying out a project for ecosystem restoration, Walla 

12 Walla River Basin, Oregon, the Secretary shall— 

13 (1) credit toward the non-Federal share of the 

14 cost of the study the cost of work carried out by the 

15 non-Federal interest before the date of the partner16 ship agreement for the project if the Secretary de17 termines that the work is integral to the project; and 

18 (2) allow the non-Federal interest to provide 

19 the non-Federal share of the cost of the study in the 

20 form of in-kind services and materials. 

21 SEC. 4062. CHARTIERS CREEK WATERSHED, PENNSYL22 VANIA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for flood damage re25 duction, Chartiers Creek watershed, Pennsylvania. 


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1 SEC. 4063. KINZUA DAM AND ALLEGHENY RESERVOIR, 

2 PENNSYLVANIA. 

3 The Secretary shall conduct a study of the project 

4 for flood control, Kinzua Dam and Allegheny Reservoir, 

5 Warren, Pennsylvania, authorized by section 5 of the 

6 Flood Control Act of June 22, 1936 (49 Stat. 1570), and 

7 modified by section 2 of the Flood Control Act of June 

8 28, 1938 (52 Stat. 1215), section 2 of the Flood Control 

9 Act of August 18, 1941 (55 Stat. 646), and section 4 of 

10 the Flood Control Act of December 22, 1944 (58 Stat. 

11 887), to review operations of and identify modifications 

12 to the project to expand recreational opportunities. 

13 SEC. 4064. WESTERN PENNSYLVANIA FLOOD DAMAGE RE14 DUCTION, PENNSYLVANIA. 

15 (a) IN GENERAL.—The Secretary shall conduct a 

16 study of structural and nonstructural flood damage reduc17 tion, stream bank protection, storm water management, 

18 channel clearing and modification, and watershed coordi19 nation measures in the Mahoning River basin, Pennsyl20 vania, the Allegheny River basin, Pennsylvania, and the 

21 Upper Ohio River basin, Pennsylvania, to provide a level 

22 of flood protection sufficient to prevent future losses to 

23 communities located in such basins from flooding such as 

24 occurred in September 2004, but not less than a 100-year 

25 level of flood protection. 


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1 (b) PRIORITY COMMUNITIES.—In carrying out this 

2 section, the Secretary shall give priority to the following 

3 Pennsylvania communities: Marshall Township, Ross 

4 Township, Shaler Township, Jackson Township, Har5 mony, Zelienople, Darlington Township, Houston Bor6 ough, Chartiers Township, Washington, Canton Town7 ship, Tarentum Borough, and East Deer Township. 

8 SEC. 4065. WILLIAMSPORT, PENNSYLVANIA. 

9 The Secretary shall conduct a study of the project 

10 for flood control, Williamsport, Pennsylvania, authorized 

11 by section 5 of the Flood Control Act of June 22, 1936 

12 (49 Stat. 1570), to investigate measures to rehabilitate 

13 the project. 

14 SEC. 4066. YARDLEY BOROUGH, PENNSYLVANIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for flood damage re17 duction, at Yardley Borough, Pennsylvania, including the 

18 alternative of raising River Road. 

19 SEC. 4067. RIO VALENCIANO, JUNCOS, PUERTO RICO. 

20 (a) IN GENERAL.—The Secretary shall conduct a 

21 study to reevaluate the project for flood damage reduction 

22 and water supply, Rio Valenciano, Juncos, Puerto Rico, 

23 authorized by section 209 of the Flood Control Act of 

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1 trol Act of 1970 (84 Stat. 1828), to determine the feasi2 bility of carrying out the project. 

3 (b) CREDIT.—The Secretary shall credit toward the 

4 non-Federal share of the cost of the study the cost of work 

5 carried out by the non-Federal interest before the date of 

6 the partnership agreement for the project if the Secretary 

7 determines that the work is integral to the project. 

8 SEC. 4068. CROOKED CREEK, BENNETTSVILLE, SOUTH 

9 CAROLINA. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for water supply, 

12 Crooked Creek, Bennettsville, South Carolina. 

13 SEC. 4069. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply, 

16 Broad River, York County, South Carolina. 

17 SEC. 4070. CHATTANOOGA, TENNESSEE. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction, Chattanooga Creek, Dobbs Branch, Chattanooga, 

21 Tennessee. 

22 SEC. 4071. CLEVELAND, TENNESSEE. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for flood damage re25 duction, Cleveland, Tennessee. 


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1 SEC. 4072. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for recreation on, river4 bank protection for, and environmental protection of, the 

5 Cumberland River and riparian habitats in the city of 

6 Nashville and Davidson County, Tennessee. 

7 SEC. 4073. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN8 NESSEE. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for water supply for 

11 Lewis, Lawrence, and Wayne Counties, Tennessee. 

12 SEC. 4074. WOLF RIVER AND NONCONNAH CREEK, MEM13 PHIS TENNESSEE. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction along Wolf River and Nonconnah Creek, in the 

17 vicinity of Memphis, Tennessee, to include the repair, re18 placement, rehabilitation, and restoration of the following 

19 pumping stations: Cypress Creek, Nonconnah Creek, 

20 Ensley, Marble Bayou, and Bayou Gayoso. 

21 SEC. 4075. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

22 RESTORATION, TEXAS. 

23 (a) IN GENERAL.—The Secretary shall develop a 

24 comprehensive plan to determine the feasibility of carrying 

25 out projects for flood damage reduction, hurricane and 


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1 storm damage reduction, and ecosystem restoration in the 

2 coastal areas of the State of Texas. 

3 (b) SCOPE.—The comprehensive plan shall provide 

4 for the protection, conservation, and restoration of wet5 lands, barrier islands, shorelines, and related lands and 

6 features that protect critical resources, habitat, and infra7 structure from the impacts of coastal storms, hurricanes, 

8 erosion, and subsidence. 

9 (c) DEFINITION.—For purposes of this section, the 

10 term ‘‘coastal areas in the State of Texas’’ means the 

11 coastal areas of the State of Texas from the Sabine River 

12 on the east to the Rio Grande River on the west and in13 cludes tidal waters, barrier islands, marshes, coastal wet14 lands, rivers and streams, and adjacent areas. 

15 SEC. 4076. PORT OF GALVESTON, TEXAS. 

16 The Secretary shall conduct a study of the feasibility 

17 of carrying out a project for dredged material disposal in 

18 the vicinity of the project for navigation and environ19 mental restoration, Houston-Galveston Navigation Chan20 nels, Texas, authorized by section 101(a)(30) of the Water 

21 Resources Development Act of 1996 (110 Stat. 3666). 

22 SEC. 4077. GRAND COUNTY AND MOAB, UTAH. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for water supply for 

25 Grand County and the city of Moab, Utah, including a 


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1 review of the impact of current and future demands on 

2 the Spanish Valley Aquifer. 

3 SEC. 4078. SOUTHWESTERN UTAH. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for flood damage re6 duction, Santa Clara River, Washington, Iron, and Kane 

7 Counties, Utah. 

8 SEC. 4079. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

9 CAROLINA. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for flood damage re12 duction, environmental restoration, navigation, and ero13 sion control, Chowan River basin, Virginia and North 

14 Carolina. 

15 SEC. 4080. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

16 (a) IN GENERAL.—The study for rehabilitation of the 

17 Elliott Bay Seawall, Seattle, Washington, being carried 

18 out under Committee Resolution 2704 of the Committee 

19 on Transportation and Infrastructure of the House of 

20 Representatives adopted September 25, 2002, is modified 

21 to include a determination of the feasibility of reducing 

22 future damage to the seawall from seismic activity. 

23 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

24 out the study, the Secretary may accept contributions in 

25 excess of the non-Federal share of the cost of the study 


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1 from the non-Federal interest to the extent that the Sec2 retary determines that the contributions will facilitate 

3 completion of the study. 

4 (c) CREDIT.—The Secretary shall credit toward the 

5 non-Federal share of the cost of any project authorized 

6 by law as a result of the study the value of contributions 

7 accepted by the Secretary under subsection (b). 

8 SEC. 4081. MONONGAHELA RIVER BASIN, NORTHERN WEST 

9 VIRGINIA. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out aquatic ecosystem restoration 

12 and protection projects in the watersheds of the 

13 Monongahela River Basin lying within the counties of 

14 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

15 Doddridge, Monongalia, Marion, Harrison, Taylor, 

16 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 

17 Brooke, and Rithchie, West Virginia, particularly as re18 lated to abandoned mine drainage abatement. 

19 SEC. 4082. KENOSHA HARBOR, WISCONSIN. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for navigation, Keno22 sha Harbor, Wisconsin, including the extension of existing 

23 piers. 


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1 SEC. 4083. JOHNSONVILLE DAM, JOHNSONVILLE, WIS2 CONSIN. 

3 The Secretary shall conduct a study of the 

4 Johnsonville Dam, Johnsonville, Wisconsin, to determine 

5 if the structure prevents ice jams on the Sheboygan River. 

6 TITLE V—MISCELLANEOUS 

7 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

8 (a) IN GENERAL.—Upon request of a non-Federal in9 terest, the Secretary shall be responsible for maintenance 

10 of the following navigation channels and breakwaters con11 structed or improved by the non-Federal interest if the 

12 Secretary determines that such maintenance is economi13 cally justified and environmentally acceptable and that the 

14 channel or breakwater was constructed in accordance with 

15 applicable permits and appropriate engineering and design 

16 standards: 

17 (1) Manatee Harbor basin, Florida. 

18 (2) Bayou LaFourche Channel, Port Fourchon, 

19 Louisiana. 

20 (3) Calcasieu River at Devil’s Elbow, Louisiana. 

21 (4) Pidgeon Industrial Harbor, Pidgeon Indus22 trial Park, Memphis Harbor, Tennessee. 

23 (5) Pix Bayou Navigation Channel, Chambers 

24 County, Texas. 

25 (6) Racine Harbor, Wisconsin. 


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1 (b) COMPLETION OF ASSESSMENT.—Not later than 

2 6 months after the date of receipt of a request from a 

3 non-Federal interest for Federal assumption of mainte4 nance of a channel listed in subsection (a), the Secretary 

5 shall make a determination as provided in subsection (a) 

6 and advise the non-Federal interest of the Secretary’s de7 termination. 

8 SEC. 5002. WATERSHED MANAGEMENT. 

9 (a) IN GENERAL.—The Secretary may provide tech10 nical, planning, and design assistance to non-Federal in11 terests for carrying out watershed management, restora12 tion, and development projects at the locations described 

13 in subsection (d). 

14 (b) SPECIFIC MEASURES.—Assistance provided 

15 under subsection (a) may be in support of non-Federal 

16 projects for the following purposes: 

17 (1) Management and restoration of water qual18 ity. 

19 (2) Control and remediation of toxic sediments. 

20 (3) Restoration of degraded streams, rivers, 

21 wetlands, and other waterbodies to their natural 

22 condition as a means to control flooding, excessive 

23 erosion, and sedimentation. 

24 (4) Protection and restoration of watersheds, 

25 including urban watersheds. 


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1 (5) Demonstration of technologies for non2 structural measures to reduce destructive impacts of 

3 flooding. 

4 (c) NON-FEDERAL SHARE.—The non-Federal share 

5 of the cost of assistance provided under subsection (a) 

6 shall be 50 percent. 

7 (d) PROJECT LOCATIONS.—The locations referred to 

8 in subsection (a) are the following: 

9 (1) Big Creek watershed, Roswell, Georgia. 

10 (2) Those portions of the watersheds of the 

11 Chattahoochee, Etowah, Flint, Ocmulgee, and 

12 Oconee Rivers lying within the counties of Bartow, 

13 Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

14 Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, 

15 Paulding, Rockdale, and Walton, Georgia. 

16 (3) Kinkaid Lake, Jackson County, Illinois. 

17 (4) Amite River basin, Louisiana. 

18 (5) East Atchafalaya River basin, Iberville Par19 ish and Pointe Coupee Parish, Louisiana. 

20 (6) Red River watershed, Louisiana. 

21 (7) Lower Platte River watershed, Nebraska. 

22 (8) Rio Grande watershed, New Mexico. 

23 (9) Taunton River basin, Massachusetts. 

24 (10) Marlboro Township, New Jersey. 


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1 (11) Esopus, Plattekill, and Rondout Creeks, 

2 Greene, Sullivan, and Ulster Counties, New York. 

3 (12) Greenwood Lake watershed, New York 

4 and New Jersey. 

5 (13) Long Island Sound watershed, New York. 

6 (14) Ramapo River watershed, New York. 

7 (15) Western Lake Erie basin, Ohio. 

8 (16) Those portions of the watersheds of the 

9 Beaver, Upper Ohio, Connoquenessing, Lower Alle10 gheny, Kiskiminetas, Lower Monongahela, 

11 Youghiogheny, Shenango, and Mahoning Rivers 

12 lying within the counties of Beaver, Butler, Law13 rence, and Mercer, Pennsylvania. 

14 (17) Otter Creek watershed, Pennsylvania. 

15 (18) Unami Creek watershed, Milford Town16 ship, Pennsylvania. 

17 (19) Sauk River basin, Washington. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $15,000,000. 

21 SEC. 5003. DAM SAFETY. 

22 (a) ASSISTANCE.—The Secretary may provide assist23 ance to enhance dam safety at the following locations: 

24 (1) Fish Creek Dam, Blaine County, Idaho. 


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1 (2) Hamilton Dam, Saginaw River, Flint, 

2 Michigan. 

3 (3) State Dam, Auburn, New York. 

4 (4) Whaley Lake Dam, Pawling, New York. 

5 (5) Ingham Spring Dam, Solebury Township, 

6 Pennsylvania. 

7 (6) Leaser Lake Dam, Lehigh County, Pennsyl8 vania. 

9 (7) Stillwater Dam, Monroe County, Pennsyl10 vania. 

11 (8) Wissahickon Creek Dam, Montgomery 

12 County, Pennsylvania. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out subsection (a) 

15 $6,000,000. 

16 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

17 (a) IN GENERAL.—Upon request of a non-Federal in18 terest, the Secretary shall evaluate the structural integrity 

19 and effectiveness of a project for flood damage reduction 

20 and, if the Secretary determines that the project does not 

21 meet such minimum standards as the Secretary may es22 tablish and, absent action by the Secretary, the project 

23 will fail, the Secretary may take such action as may be 

24 necessary to restore the integrity and effectiveness of the 

25 project. 


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1 (b) PRIORITY.—The Secretary shall evaluate under 

2 subsection (a) the following projects: 

3 (1) Project for flood damage reduction, Arkan4 sas River Levees, Arkansas. 

5 (2) Project for flood damage reduction, 

6 Nonconnah Creek, Tennessee. 

7 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

8 (a) IN GENERAL.—Section 212(e) of the Water Re9 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

10 Stat. 2599) is amended— 

11 (1) by striking ‘‘and’’ at the end of paragraphs 

12 (23) and (27); 

13 (2) by striking the period at the end of para14 graph (28) and inserting a semicolon; and 

15 (3) by adding at the end the following: 

16 ‘‘(29) Ascension Parish, Louisiana; 

17 ‘‘(30) East Baton Rouge Parish, Louisiana; 

18 ‘‘(31) Iberville Parish, Louisiana; 

19 ‘‘(32) Livingston Parish, Louisiana; and 

20 ‘‘(33) Pointe Coupee Parish, Louisiana.’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended 

23 by striking ‘‘section—’’ and all that follows before the pe24 riod at the end and inserting ‘‘section $20,000,000’’. 


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1 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

2 PROJECTS. 

3 (a) IN GENERAL.—Section 219(e) of the Water Re4 sources Development Act of 1992 (106 Stat. 4835; 110 

5 Stat. 3757; 113 Stat. 334) is amended— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (7); 

8 (2) by striking the period at the end of para9 graph (8) and inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(9) $35,000,000 for the project described in 

12 subsection (c)(18); 

13 ‘‘(10) $27,000,000 for the project described in 

14 subsection (c)(19); 

15 ‘‘(11) $20,000,000 for the project described in 

16 subsection (c)(20); 

17 ‘‘(12) $20,000,000 for the project described in 

18 subsection (c)(25); 

19 ‘‘(13) $20,000,000 for the project described in 

20 subsection (c)(26); 

21 ‘‘(14) $35,000,000 for the project described in 

22 subsection (c)(27); 

23 ‘‘(15) $20,000,000 for the project described in 

24 subsection (c)(28); and 

25 ‘‘(16) $30,000,000 for the project described in 

26 subsection (c)(40).’’. 


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1 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR2 KANSAS.—Federal assistance made available under the 

3 rural enterprise zone program of the Department of Agri4 culture may be used toward payment of the non-Federal 

5 share of the costs of the project described in section 

6 219(c)(20) of the Water Resources Development Act of 

7 1992 (114 Stat. 2763A–219) if such assistance is author8 ized to be used for such purposes. 

9 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND 

10 CONSTRUCTION FOR CERTAIN PROJECTS. 

11 The Secretary shall expedite completion of the re12 ports and, if the Secretary determines that the project is 

13 feasible, shall expedite completion of construction for the 

14 following projects: 

15 (1) Fulmer Creek, Village of Mohawk, New 

16 York, being carried out under section 205 of the 

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

18 (2) Moyer Creek, Village of Frankfort, New 

19 York, being carried out under section 205 of the 

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

21 (3) Steele Creek, Village of Ilion, New York, 

22 being carried out under section 205 of the Flood 

23 Control Act of 1948 (33 U.S.C. 701s). 

24 (4) Oriskany Wildlife Management Area, Rome, 

25 New York, being carried out under section 206 of 


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1 the Water Resources Development Act of 1996 (33 

2 U.S.C. 2330). 

3 (5) Whitney Point Lake, Otselic River, Whitney 

4 Point, New York, being carried out under section 

5 1135 of the Water Resources Development Act of 

6 1986 (33 U.S.C. 2309a). 

7 (6) North River, Peabody, Massachusetts, being 

8 carried out under section 205 of the Flood Control 

9 Act of 1948 (33 U.S.C. 701s). 

10 (7) Chenango Lake, Chenango County, New 

11 York, being carried out under section 206 of the 

12 Water Resources Development Act of 1996 (33 

13 U.S.C. 2330). 

14 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER15 TAIN PROJECTS. 

16 (a) IN GENERAL.—The Secretary shall expedite com17 pletion of the reports for the following projects and, if the 

18 Secretary determines that a project is justified in the com19 pleted report, proceed directly to project preconstruction, 

20 engineering, and design: 

21 (1) Project for water supply, Little Red River, 

22 Arkansas. 

23 (2) Project for shoreline stabilization at 

24 Egmont Key, Florida. 


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1 (3) Project for ecosystem restoration, Univer2 sity Lake, Baton Rouge, Louisiana. 

3 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.— 

4 In carrying out the project for shoreline stabilization at 

5 Egmont Key, Florida, referred to in subsection (a)(3), the 

6 Secretary shall waive any cost share to be provided by non7 Federal interests for any portion of the project that bene8 fits federally owned property. 

9 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS10 MENT. 

11 (a) IN GENERAL.—The Secretary shall conduct, at 

12 Federal expense, an assessment of the water resources 

13 needs of the river basins and watersheds of the south14 eastern United States. 

15 (b) COOPERATIVE AGREEMENTS.—In carrying out 

16 the assessment, the Secretary may enter into cooperative 

17 agreements with State and local agencies, non-Federal 

18 and nonprofit entities, and regional researchers. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated $7,000,000 to carry out this 

21 section. 

22 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

23 MANAGEMENT PROGRAM. 

24 Section 1103(e)(7) of the Water Resources Develop25 ment Act of 1986 (33 U.S.C. 652(e)(7)) is amended— 


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1 (1) by adding at the end of subparagraph (A) 

2 the following: ‘‘The non-Federal interest may pro3 vide the non-Federal share of the cost of the project 

4 in the form of in-kind services and materials.’’; and 

5 (2) by inserting after subparagraph (B) the fol6 lowing: 

7 ‘‘(C) Notwithstanding section 221 of the Flood Con8 trol Act of 1970 (42 U.S.C. 1962d–5b), a non-Federal in9 terest may include for any project undertaken under this 

10 section, a nonprofit entity with the consent of the affected 

11 local government.’’. 

12 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVER EN13 HANCEMENT PROJECT. 

14 Section 514(g) of the Water Resources Development 

15 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

16 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’. 

17 SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RES18 TORATION. 

19 Section 506(f)(3)(B) of the Water Resources Devel20 opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 

21 2646) is amended by striking ‘‘50 percent’’ and inserting 

22 ‘‘100 percent’’. 


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1 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

2 SEDIMENT REMEDIATION. 

3 Section 401(c) of the Water Resources Development 

4 Act of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is 

5 amended by striking ‘‘through 2006’’ and inserting 

6 ‘‘through 2012’’. 

7 SEC. 5014. GREAT LAKES TRIBUTARY MODELS. 

8 Section 516(g)(2) of the Water Resources Develop9 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 

10 by striking ‘‘through 2006’’ and inserting ‘‘through 

11 2012’’. 

12 SEC. 5015. GREAT LAKES NAVIGATION. 

13 (a) IN GENERAL.—Using available funds, the Sec14 retary shall expedite the operation and maintenance, in15 cluding dredging, of the navigation features of the Great 

16 Lakes and Connecting Channels for the purpose of sup17 porting commercial navigation to authorized project 

18 depths. 

19 (b) GREAT LAKES AND CONNECTING CHANNELS DE20 FINED.—In this section, the term ‘‘Great Lakes and Con21 necting Channels’’ includes Lakes Superior, Huron, Michi22 gan, Erie, and Ontario, all connecting waters between and 

23 among such lakes used for commercial navigation, any 

24 navigation features in such lakes or waters that are a Fed25 eral operation or maintenance responsibility, and areas of 


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1 the Saint Lawrence River that are operated or maintained 

2 by the Federal government for commercial navigation. 

3 SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER 

4 PROJECT. 

5 (a) IN GENERAL.—The Secretary, in consultation 

6 with appropriate Federal and State agencies, shall study, 

7 design, and carry out a project for preventing and reduc8 ing the dispersal of aquatic nuisance species through the 

9 Upper Mississippi River system. The Secretary shall com10 plete the study, design, and construction of the project not 

11 later than 6 months after the date of enactment of this 

12 Act. 

13 (b) DISPERSAL BARRIER.—The Secretary, at Federal 

14 expense, shall— 

15 (1) investigate and identify environmentally 

16 sound methods for preventing and reducing the dis17 persal of aquatic nuisance species; 

18 (2) study, design, and carry out a project for a 

19 dispersal barrier, using available technologies and 

20 measures, to be located in the lock portion of Lock 

21 and Dam 11 in the Upper Mississippi River basin; 

22 (3) monitor and evaluate, in cooperation with 

23 the Director of the United States Fish and Wildlife 

24 Service, the effectiveness of the project in preventing 

25 and reducing the dispersal of aquatic nuisance speVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 cies through the Upper Mississippi River system, 

2 and report to the Committee on Transportation and 

3 Infrastructure of the House of Representatives and 

4 the Committee on Environment and Public Works of 

5 the Senate on the results of the evaluation; and 

6 (4) operate and maintain the project. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $4,000,000 to carry out this 

9 section. 

10 SEC. 5017. SUSQUEHANNA, DELAWARE, AND POTOMAC 

11 RIVER BASINS, DELAWARE, MARYLAND, 

12 PENNSYLVANIA, AND VIRGINIA. 

13 (a) EX OFFICIO MEMBER.—Notwithstanding section 

14 3001(a) of the 1997 Emergency Supplemental Appropria15 tions Act for Recovery From Natural Disasters, and for 

16 Overseas Peacekeeping Efforts, Including Those in Bosnia 

17 (Public Law 105–18; 111 Stat. 176), section 2.2 of the 

18 Susquehanna River Basin Compact (Public Law 91–575), 

19 and section 2.2 of the Delaware River Basin Compact 

20 (Public Law 87–328), beginning in fiscal year 2002, and 

21 each fiscal year thereafter, the Division Engineer, North 

22 Atlantic Division, Corps of Engineers— 

23 (1) shall be the ex officio United States member 

24 under the Susquehanna River Basin Compact, the 


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1 Delaware River Basin Compact, and the Potomac 

2 River Basin Compact; 

3 (2) shall serve without additional compensation; 

4 and 

5 (3) may designate an alternate member in ac6 cordance with the terms of those compacts. 

7 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

8 shall allocate funds to the Susquehanna River Basin Com9 mission, Delaware River Basin Commission, and the 

10 Interstate Commission on the Potomac River Basin (Poto11 mac River Basin Compact (Public Law 91–407)) to fulfill 

12 the equitable funding requirements of the respective inter13 state compacts. 

14 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

15 DELAWARE RIVER BASIN.— 

16 (1) IN GENERAL.—The Secretary shall enter 

17 into an agreement with the Delaware River Basin 

18 Commission to provide temporary water supply and 

19 conservation storage at the Francis E. Walter Dam, 

20 Pennsylvania, for any period during which the Com21 mission has determined that a drought warning or 

22 drought emergency exists. 

23 (2) LIMITATION.—The agreement shall provide 

24 that the cost for water supply and conservation stor25 age under paragraph (1) shall not exceed the increVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 mental operating costs associated with providing the 

2 storage. 

3 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

4 SUSQUEHANNA RIVER BASIN.— 

5 (1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the Susquehanna River 

7 Basin Commission to provide temporary water sup8 ply and conservation storage at Federal facilities op9 erated by the Corps of Engineers in the Susque10 hanna River Basin for any period for which the 

11 Commission has determined that a drought warning 

12 or drought emergency exists. 

13 (2) LIMITATION.—The agreement shall provide 

14 that the cost for water supply and conservation stor15 age under paragraph (1) shall not exceed the incre16 mental operating costs associated with providing the 

17 storage. 

18 (e) WATER SUPPLY AND CONSERVATION STORAGE, 

19 POTOMAC RIVER BASIN.— 

20 (1) IN GENERAL.—The Secretary shall enter 

21 into an agreement with the Potomac River Basin 

22 Commission to provide temporary water supply and 

23 conservation storage at Federal facilities operated by 

24 the Corps of Engineers in the Potomac River Basin 

25 for any period for which the Commission has deterVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 mined that a drought warning or drought emergency 

2 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 SEC. 5018. CHESAPEAKE BAY ENVIRONMENTAL RESTORA9 TION AND PROTECTION PROGRAM. 

10 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

11 Water Resources Development Act of 1996 (110 Stat. 

12 3759) is amended by striking ‘‘, and beneficial uses of 

13 dredged material’’ and inserting ‘‘, beneficial uses of 

14 dredged material, and restoration of submerged aquatic 

15 vegetation’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 510(i) of such Act (110 Stat. 3761) is amended by strik18 ing ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

19 SEC. 5019. POTOMAC RIVER WATERSHED ASSESSMENT AND 

20 TRIBUTARY STRATEGY EVALUATION AND 

21 MONITORING PROGRAM. 

22 The Secretary may participate in the Potomac River 

23 Watershed Assessment and Tributary Strategy Evaluation 

24 and Monitoring Program to identify a series of resource 

25 management indicators to accurately monitor the effecVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 tiveness of the implementation of the agreed upon tribu2 tary strategies and other public policies that pertain to 

3 natural resource protection of the Potomac River water4 shed. 

5 SEC. 5020. LOCK AND DAM SECURITY. 

6 (a) STANDARDS.—The Secretary, in consultation 

7 with the Federal Emergency Management Agency, the 

8 Tennessee Valley Authority, and the Coast Guard, shall 

9 develop standards for the security of locks and dams, in10 cluding the testing and certification of vessel exclusion 

11 barriers. 

12 (b) SITE SURVEYS.—At the request of a lock or dam 

13 owner, the Secretary shall provide technical assistance, on 

14 a reimbursable basis, to improve lock or dam security. 

15 (c) COOPERATIVE AGREEMENT.—The Secretary may 

16 enter into a cooperative agreement with a nonprofit alli17 ance of public and private organizations that has the mis18 sion of promoting safe waterways and seaports to carry 

19 out testing and certification activities, and to perform site 

20 surveys, under this section. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $3,000,000 to carry out this 

23 section. 


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1 SEC. 5021. REHABILITATION. 

2 The Secretary, at Federal expense and not to exceed 

3 $1,000,000, shall rehabilitate and improve the water-re4 lated infrastructure and the transportation infrastructure 

5 for the historic property in the Anacostia River Watershed 

6 located in the District of Columbia, including measures 

7 to address wet weather conditions. To carry out this sec8 tion, the Secretary shall accept funds provided for such 

9 project under any other Federal program. 

10 SEC. 5022. RESEARCH AND DEVELOPMENT PROGRAM FOR 

11 COLUMBIA AND SNAKE RIVER SALMON SUR12 VIVAL. 

13 Section 511 of the Water Resources Development Act 

14 of 1996 (16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 

15 375) is amended— 

16 (1) in subsection (a)(6) by striking 

17 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 

18 (2) in subsection (c)(2) by striking 

19 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

20 SEC. 5023. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

21 (a) PROJECT AUTHORIZATION.—The Secretary shall 

22 design and construct the locally preferred plan for flood 

23 protection at Pinhook Creek, Huntsville, Alabama. In car24 rying out the project, the Secretary shall utilize, to the 

25 extent practicable, the existing detailed project report for 


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1 the project prepared under the authority of section 205 

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

3 (b) PARTICIPATION BY NON-FEDERAL INTEREST.— 

4 The Secretary shall allow the non-Federal interest to par5 ticipate in the financing of the project in accordance with 

6 section 903(c) of the Water Resources Development Act 

7 of 1986 (100 Stat. 4184) to the extent that the Sec8 retary’s evaluation indicates that applying such section is 

9 necessary to implement the project. 

10 (c) CREDIT.—The Secretary shall credit toward the 

11 non-Federal share of the cost of the project the cost of 

12 work carried out by the non-Federal interest before the 

13 date of the partnership agreement for the project if the 

14 Secretary determines that the work is integral to the 

15 project. 

16 SEC. 5024. ALASKA. 

17 Section 570 of the Water Resources Development Act 

18 of 1999 (113 Stat. 369) is amended— 

19 (1) in subsection (c) by inserting ‘‘environ20 mental restoration,’’ after ‘‘water supply and related 

21 facilities,’’; 

22 (2) in subsection (e)(3)(B) by striking the last 

23 sentence; 

24 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

25 and inserting ‘‘$45,000,000’’; and 


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

2 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec3 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

4 1962d–5b(b)), a non-Federal interest may include for any 

5 project undertaken under this section a nonprofit entity 

6 with the consent of the affected local government. 

7 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

8 of the amounts appropriated to carry out this section may 

9 be used by the Corps of Engineers district offices to ad10 minister projects under this section at Federal expense.’’. 

11 SEC. 5025. BARROW, ALASKA. 

12 The Secretary shall carry out, under section 117 of 

13 the Energy and Water Development Appropriations Act, 

14 2005 (118 Stat. 2944), a nonstructural project for coastal 

15 erosion and storm damage prevention and reduction at 

16 Barrow, Alaska, including relocation of infrastructure. 

17 SEC. 5026. COFFMAN COVE, ALASKA. 

18 The Secretary is authorized to carry out a project for 

19 navigation, Coffman Cove, Alaska, at a total cost of 

20 $3,000,000. 

21 SEC. 5027. FORT YUKON, ALASKA. 

22 The Secretary shall make repairs to the dike at Fort 

23 Yukon, Alaska, so that the dike meets Corps of Engineers 

24 standards. 


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1 SEC. 5028. KOTZEBUE HARBOR, ALASKA. 

2 The Secretary is authorized to carry out a project for 

3 navigation, Kotzebue Harbor, Kotzebue, Alaska, at total 

4 cost of $2,200,000. 

5 SEC. 5029. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

6 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

7 Secretary shall assume responsibility for the long-term 

8 maintenance and repair of the Lowell Creek Tunnel. 

9 (b) STUDY.—The Secretary shall conduct a study to 

10 determine whether alternative methods of flood diversion 

11 in Lowell Canyon are feasible. 

12 SEC. 5030. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

13 ALASKA. 

14 The Secretary shall carry out, on an emergency basis, 

15 necessary removal of rubble, sediment, and rock impeding 

16 the entrance to the St. Herman and St. Paul Harbors, 

17 Kodiak, Alaska, at a Federal cost of $2,000,000. 

18 SEC. 5031. TANANA RIVER, ALASKA. 

19 The Secretary shall carry out, on an emergency basis, 

20 the removal of the hazard to navigation on the Tanana 

21 River, Alaska, near the mouth of the Chena River, as de22 scribed in the January 3, 2005, memorandum from the 

23 Commander, Seventeenth Coast Guard District, to the 

24 Corps of Engineers, Alaska District, Anchorage, Alaska. 


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1 SEC. 5032. VALDEZ, ALASKA. 

2 The Secretary is authorized to construct a small boat 

3 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

4 with an estimated Federal cost of $10,500,000 and an es5 timated non-Federal cost of $9,500,000. 

6 SEC. 5033. WHITTIER, ALASKA. 

7 (a) STUDY.—The Secretary shall conduct, at Federal 

8 expense, a study to determine the feasibility of carrying 

9 out projects for navigation at Whittier, Alaska, to con10 struct a new boat harbor at the head of Whittier Bay and 

11 to expand the existing harbor and, if the Secretary deter12 mines that a project is feasible, the Secretary may carry 

13 out the project. 

14 (b) NON-FEDERAL COST SHARE.—The non-Federal 

15 interest for the project may use, and the Secretary shall 

16 accept, funds provided by a Federal agency under any 

17 other Federal program, to satisfy, in whole or in part, the 

18 non-Federal share of the cost of the project if such funds 

19 are authorized to be used to carry out the project. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $35,200,000. 

23 SEC. 5034. WRANGELL HARBOR, ALASKA. 

24 (a) GENERAL NAVIGATION FEATURES.—In carrying 

25 out the project for navigation, Wrangell Harbor, Alaska, 

26 authorized by section 101(b)(1) of the Water Resources 


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1 Development Act of 1999 (113 Stat. 279), the Secretary 

2 shall consider the dredging of the mooring basin and con3 struction of the inner harbor facilities to be general navi4 gation features for purposes of estimating the non-Federal 

5 share of project costs. 

6 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

7 Secretary shall revise the partnership agreement for the 

8 project to reflect the change required by subsection (a). 

9 SEC. 5035. AUGUSTA AND CLARENDON, ARKANSAS. 

10 (a) IN GENERAL.—The Secretary is authorized to 

11 perform operation, maintenance, and rehabilitation of au12 thorized and completed levees on the White River between 

13 Augusta and Clarendon, Arkansas. 

14 (b) REIMBURSEMENT.—After performing the oper15 ation, maintenance, and rehabilitation under subsection 

16 (a), the Secretary shall seek reimbursement from the Sec17 retary of the Interior of an amount equal to the costs allo18 cated to benefits to a Federal wildlife refuge of such oper19 ation, maintenance, and rehabilitation. 

20 SEC. 5036. DES ARC LEVEE PROTECTION, ARKANSAS. 

21 The Secretary shall review the project for flood con22 trol, Des Arc, Arkansas, to determine whether bank and 

23 channel scour along the White River threaten the existing 

24 project and whether the scour is as a result of a design 

25 deficiency. If the Secretary determines that such condiVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 tions exist as a result of a deficiency, the Secretary shall 

2 carry out measures to eliminate the deficiency. 

3 SEC. 5037. LOOMIS LANDING, ARKANSAS. 

4 The Secretary shall conduct a study of shore damage 

5 in the vicinity of Loomis Landing, Arkansas, to determine 

6 if the damage is the result of a Federal navigation project, 

7 and, if the Secretary determines that the damage is the 

8 result of a Federal navigation project, the Secretary shall 

9 carry out a project to mitigate the damage under section 

10 111 of the River and Harbor Act of 1968 (33 U.S.C. 

11 426i). 

12 SEC. 5038. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS13 SOURI. 

14 The Secretary shall conduct a study of increased sil15 tation and streambank erosion in the St. Francis River 

16 Basin, Arkansas and Missouri, to determine if the siltation 

17 or erosion, or both, are the result of a Federal flood con18 trol project and, if the Secretary determines that the silta19 tion or erosion, or both, are the result of a Federal flood 

20 control project, the Secretary shall carry out a project to 

21 mitigate the siltation or erosion, or both. 

22 SEC. 5039. CAMBRIA, CALIFORNIA. 

23 Section 219(f)(48) of the Water Resources Develop24 ment Act of 1992 (114 Stat. 2763A–220) is amended— 


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1 (1) by striking ‘‘$10,300,000’’ and inserting the 

2 following: 

3 ‘‘(A) IN GENERAL.—$10,300,000’’; 

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

5 ‘‘(B) CREDIT.—The Secretary shall credit 

6 toward the non-Federal share of the cost of the 

7 project not to exceed $3,000,000 for the cost of 

8 planning and design work carried out by the 

9 non-Federal interest before the date of the 

10 partnership agreement for the project if the 

11 Secretary determines that the work is integral 

12 to the project.’’; and 

13 (3) by aligning the remainder of the text of 

14 subparagraph (A) (as designated by paragraph (1) 

15 of this section) with subparagraph (B) (as added by 

16 paragraph (2) of this section). 

17 SEC. 5040. CONTRA COSTA CANAL, OAKLEY AND 

18 KNIGHTSEN, CALIFORNIA; MALLARD 

19 SLOUGH, PITTSBURG, CALIFORNIA. 

20 Sections 512 and 514 of the Water Resources Devel21 opment Act of 2000 (114 Stat. 2650) are each amended 

22 by adding at the end the following: ‘‘All planning, study, 

23 design, and construction on the project shall be carried 

24 out by the office of the district engineer, San Francisco, 

25 California.’’. 


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1 SEC. 5041. DANA POINT HARBOR, CALIFORNIA. 

2 The Secretary shall conduct a study of the causes of 

3 water quality degradation within Dana Point Harbor, 

4 California, to determine if the degradation is the result 

5 of a Federal navigation project, and, if the Secretary de6 termines that the degradation is the result of a Federal 

7 navigation project, the Secretary shall carry out a project 

8 to mitigate the degradation at Federal expense. 

9 SEC. 5042. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

10 Section 219(f)(22) of the Water Resources Develop11 ment Act of 1992 (113 Stat. 336) is amended— 

12 (1) by striking ‘‘$25,000,000’’ and inserting the 

13 following: 

14 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

16 ‘‘(B) CREDIT.—The Secretary shall credit 

17 toward the non-Federal share of the cost of the 

18 project (i) the cost of design and construction 

19 work carried out by the non-Federal interest 

20 before, on, or after the date of the partnership 

21 agreement for the project if the Secretary de22 termines that the work is integral to the 

23 project; and (ii) the cost of provided for the 

24 project by the non-Federal interest. 

25 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non26 Federal interest may provide any portion of the 


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1 non-Federal share of the cost of the project in 

2 the form of in-kind services and materials.’’; 

3 and 

4 (3) by aligning the remainder of the text of 

5 subparagraph (A) (as designated by paragraph (1) 

6 of this section) with subparagraph (B) (as added by 

7 paragraph (2) of this section). 

8 SEC. 5043. EASTERN SANTA CLARA BASIN, CALIFORNIA. 

9 Section 111(c) of the Miscellaneous Appropriations 

10 Act, 2001 (as enacted into law by Public Law 106–554; 

11 114 Stat. 2763A–224) is amended— 

12 (1) by striking ‘‘$25,000,000’’ and inserting 

13 ‘‘$28,000,000’’; and 

14 (2) by striking ‘‘$7,000,000’’ and inserting 

15 ‘‘$10,000,000’’. 

16 SEC. 5044. LOS OSOS, CALIFORNIA. 

17 Section 219(c)(27) of the Water Resources Develop18 ment Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) 

19 is amended to read as follows: 

20 ‘‘(27) LOS OSOS, CALIFORNIA.—Wastewater in21 frastructure, Los Osos, California.’’. 

22 SEC. 5045. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

23 (a) IN GENERAL.—The Secretary shall review the 

24 Kings River Fisheries Management Program Framework 

25 Agreement, dated May 29, 1999, among the California 


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1 Department of Fish and Game, the Kings River Water 

2 Association, and the Kings River Conservation District 

3 and, if the Secretary determines that the management 

4 program is feasible, the Secretary may participate in the 

5 management program. 

6 (b) PROHIBITION.—Nothing in this section author7 izes any project for the raising of, or the construction of, 

8 a multilevel intake structure at Pine Flat Dam, California. 

9 (c) USE OF EXISTING STUDIES.—In carrying out this 

10 section, the Secretary shall use, to the maximum extent 

11 practicable, studies in existence on the date of enactment 

12 of this Act, including data and environmental documenta13 tion in the Report of the Chief of Engineers, Pine Flat 

14 Dam and Reservoir, Fresno County, California, dated July 

15 19, 2002. 

16 (d) CREDIT.—The Secretary shall credit toward the 

17 non-Federal share of the cost of the project the cost of 

18 planning, design, and construction work carried out by the 

19 non-Federal interest before the date of the partnership 

20 agreement for the project if the Secretary determines that 

21 the work is integral to the project. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to $20,000,000 to carry out 

24 this section. 


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1 SEC. 5046. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND 

2 SAN GABRIEL BASIN, CALIFORNIA. 

3 (a) COMPREHENSIVE PLAN.—The Secretary, in con4 sultation and coordination with appropriate Federal, 

5 State, and local entities, shall develop a comprehensive 

6 plan for the management of water resources in the Ray7 mond Basin, Six Basins, Chino Basin, and San Gabriel 

8 Basin, California. The Secretary may carry out activities 

9 identified in the comprehensive plan to demonstrate prac10 ticable alternatives for water resources management. 

11 (b) NON-FEDERAL SHARE.— 

12 (1) IN GENERAL.—The non-Federal share of 

13 the cost of activities carried out under this section 

14 shall be 35 percent. 

15 (2) CREDIT.—The Secretary shall credit toward 

16 the non-Federal share of the cost of activities car17 ried out under this section the cost of planning, de18 sign, and construction work completed by or on be19 half of the non-Federal interests for implementation 

20 of measures under this section. The amount of such 

21 credit shall not exceed the non-Federal share of the 

22 cost of such activities. 

23 (3) OPERATION AND MAINTENANCE.—The non24 Federal share of the cost of operation and mainte25 nance of any measures constructed under this sec26 tion shall be 100 percent. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000. 

4 SEC. 5047. SAN FRANCISCO, CALIFORNIA. 

5 (a) IN GENERAL.—The Secretary, in cooperation 

6 with the Port of San Francisco, California, may carry out 

7 the project for repair and removal, as appropriate, of Piers 

8 30-32, 35, 36, 70 (including Wharves 7 and 8), and 80 

9 in San Francisco, California, substantially in accordance 

10 with the Port’s redevelopment plan. 

11 (b) AUTHORIZATION OF APPROPRIATION.—There is 

12 authorized to be appropriated $25,000,000 to carry out 

13 this subsection. 

14 SEC. 5048. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

15 AREA. 

16 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB17 LIC INTEREST.—Unless the Secretary finds, after con18 sultation with local and regional public officials (including 

19 local and regional public planning organizations), that the 

20 proposed projects to be undertaken within the boundaries 

21 of the portion of the San Francisco, California, waterfront 

22 area described in subsection (b) are not in the public inter23 est, such portion is declared to be nonnavigable waters of 

24 the United States. 


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1 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

2 STREET.—The portion of the San Francisco, California, 

3 waterfront area referred to in subsection (a) is as follows: 

4 Beginning at the intersection of the northeasterly prolon5 gation of that portion of the northwesterly line of Bryant 

6 Street lying between Beale Street and Main Street with 

7 the southwesterly line of Spear Street, which intersection 

8 lies on the line of jurisdiction of the San Francisco Port 

9 Commission; following thence southerly along said line of 

10 jurisdiction as described in the State of California Harbor 

11 and Navigation Code Section 1770, as amended in 1961, 

12 to its intersection with the easterly line of Townsend 

13 Street along a line that is parallel and distant 10 feet 

14 southerly from the existing southern boundary of Pier 40 

15 produced to its point of intersection with the United 

16 States Government pier-head line; thence northerly along 

17 said pier-head line to its intersection with a line parallel 

18 with, and distant 10 feet easterly from, the existing eas19 terly boundary line of Pier 30–32; thence northerly along 

20 said parallel line and its northerly prolongation, to a point 

21 of intersection with a line parallel with, and distant 10 

22 feet northerly from, the existing northerly boundary of 

23 Pier 30–32, thence westerly along last said parallel line 

24 to its intersection with the United States Government 

25 pier-head line; to the northwesterly line of Bryant Street 


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1 produced northwesterly; thence southwesterly along said 

2 northwesterly line of Bryant Street produced to the point 

3 of beginning. 

4 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

5 declaration of nonnavigability under subsection (a) applies 

6 only to those parts of the area described in subsection (b) 

7 that are or will be bulkheaded, filled, or otherwise occupied 

8 by permanent structures and does not affect the applica9 bility of any Federal statute or regulation applicable to 

10 such parts the day before the date of enactment of this 

11 Act, including sections 9 and 10 of the Act of March 3, 

12 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 

13 known as the Rivers and Harbors Appropriation Act of 

14 1899, section 404 of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1344), and the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

17 (d) EXPIRATION DATE.—If, 20 years from the date 

18 of enactment of this Act, any area or part thereof de19 scribed in subsection (b) is not bulkheaded or filled or oc20 cupied by permanent structures, including marina facili21 ties, in accordance with the requirements set out in sub22 section (c), or if work in connection with any activity per23 mitted in subsection (c) is not commenced within 5 years 

24 after issuance of such permits, then the declaration of 

25 nonnavigability for such area or part thereof shall expire. 


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1 SEC. 5049. SAN PABLO BAY, CALIFORNIA, WATERSHED AND 

2 SUISUN MARSH ECOSYSTEM RESTORATION. 

3 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.— 

4 (1) IN GENERAL.—The Secretary shall complete 

5 work, as expeditiously as possible, on the ongoing 

6 San Pablo Bay watershed, California, study to deter7 mine the feasibility of opportunities for restoring, 

8 preserving and protecting the San Pablo Bay water9 shed. 

10 (2) REPORT.—Not later than March 31, 2008, 

11 the Secretary shall submit to Congress a report on 

12 the results of the study. 

13 (b) SUISUN MARSH, CALIFORNIA.—The Secretary 

14 shall conduct a comprehensive study to determine the fea15 sibility of opportunities for restoring, preserving and pro16 tecting the Suisun Marsh, California. 

17 (c) SAN PABLO AND SUISUN BAY MARSH WATER18 SHED CRITICAL RESTORATION PROJECTS.— 

19 (1) IN GENERAL.—The Secretary may partici20 pate in critical restoration projects that will produce, 

21 consistent with Federal programs, projects, and ac22 tivities, immediate and substantial ecosystem res23 toration, preservation, and protection benefits in the 

24 following sub-watersheds of the San Pablo and 

25 Suisun Bay Marsh watersheds: 


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1 (A) The tidal areas of the Petaluma River, 

2 Napa-Sonoma Marsh. 

3 (B) The shoreline of West Contra Costa 

4 County. 

5 (C) Novato Creek. 

6 (D) Suisun Marsh. 

7 (E) Gallinas-Miller Creek. 

8 (2) TYPES OF ASSISTANCE.—Participation in 

9 critical restoration projects under this subsection 

10 may include assistance for planning, design, or con11 struction. 

12 (d) NON-FEDERAL INTERESTS.—Notwithstanding 

13 section 221(b) of the Flood Control Act of 1970 (42 

14 U.S.C. 1962d–5b(b)), a non-Federal interest may include 

15 for any project undertaken under this section a nonprofit 

16 entity with the consent of the affected local government. 

17 (e) CREDIT.—The Secretary shall credit toward the 

18 non-Federal share of the cost of construction of a project 

19 under this section— 

20 (1) the value of any lands, easements, rights-of21 way, dredged material disposal areas, or relocations 

22 provided by the non-Federal interest for carrying out 

23 the project, regardless of the date of acquisition; 

24 (2) funds received from the CALFED Bay25 Delta program; and 


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1 (3) the cost of the studies, design, and con2 struction work carried out by the non-Federal inter3 est before the date of execution of a partnership 

4 agreement for the project if the Secretary deter5 mines that the work is integral to the project. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $40,000,000. 

9 SEC. 5050. STOCKTON, CALIFORNIA. 

10 (a) REEVALUATION.—The Secretary shall reevaluate 

11 the feasibility of the Lower Mosher Slough element and 

12 the levee extensions on the Upper Calaveras River element 

13 of the project for flood control, Stockton Metropolitan 

14 Area, California, carried out under section 211(f)(3) of the 

15 Water Resources Development Act of 1996 (110 Stat. 

16 3683), to determine the eligibility of such elements for re17 imbursement under section 211 of such Act (33 U.S.C. 

18 701b–13). 

19 (b) SPECIAL RULES FOR REEVALUATION.—In con20 ducting the reevaluation under subsection (a), the Sec21 retary shall not reject a feasibility determination based on 

22 one or more of the policies of the Corps of Engineers con23 cerning the frequency of flooding, the drainage area, and 

24 the amount of runoff. 


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1 (c) REIMBURSEMENT.—If the Secretary determines 

2 that the elements referred to subsection (a) are feasible, 

3 the Secretary shall reimburse, subject to appropriations, 

4 the non-Federal interest under section 211 of the Water 

5 Resources Development Act of 1996 for the Federal share 

6 of the cost of such elements. 

7 SEC. 5051. CHARLES HERVEY TOWNSHEND BREAKWATER, 

8 NEW HAVEN HARBOR, CONNECTICUT. 

9 (a) DESIGNATION.—The western breakwater for the 

10 project for navigation, New Haven Harbor, Connecticut, 

11 authorized by the first section of the Act of September 

12 19, 1890 (26 Stat. 426), shall be known and designated 

13 as the ‘‘Charles Hervey Townshend Breakwater’’. 

14 (b) REFERENCES.—Any reference in a law, map, reg15 ulation, document, paper, or other record of the United 

16 States to the breakwater referred to in subsection (a) shall 

17 be deemed to be a reference to the ‘‘Charles Hervey 

18 Townshend Breakwater’’. 

19 SEC. 5052. FLORIDA KEYS WATER QUALITY IMPROVE20 MENTS. 

21 Section 109 of the Miscellaneous Appropriations Act, 

22 2001 (enacted into law by Public Law 106–554) (114 

23 Stat. 2763A–222) is amended— 

24 (1) by adding at the end of subsection (e)(2) 

25 the following: 


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1 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU2 TION OF THE PARTNERSHIP AGREEMENT.—The 

3 Secretary shall credit toward the non-Federal 

4 share of the cost of the project— 

5 ‘‘(i) the cost of construction work car6 ried out by the non-Federal interest before 

7 the date of the partnership agreement for 

8 the project if the Secretary determines that 

9 the work is integral to the project; and 

10 ‘‘(ii) the cost of land acquisition car11 ried out by the non-Federal interest for 

12 projects to be carried out under this sec13 tion.’’; and 

14 (2) in subsection (f) by striking 

15 ‘‘$100,000,000’’ and inserting ‘‘$100,000,000, of 

16 which not more than $15,000,000 may be used to 

17 provide planning, design, and construction assistance 

18 to the Florida Keys Aqueduct Authority for a water 

19 treatment plant, Florida City, Florida’’. 

20 SEC. 5053. LAKE WORTH, FLORIDA. 

21 The Secretary may carry out necessary repairs for 

22 the Lake Worth bulkhead replacement project, West Palm 

23 Beach, Florida, at an estimated total cost of $9,000,000. 


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1 SEC. 5054. RILEY CREEK RECREATION AREA, IDAHO. 

2 The Secretary is authorized to carry out the Riley 

3 Creek Recreation Area Operation Plan of the Albeni Falls 

4 Management Plan, dated October 2001, for the Riley 

5 Creek Recreation Area, Albeni Falls Dam, Bonner Coun6 ty, Idaho. 

7 SEC. 5055. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC8 TION PROJECTS. 

9 (a) IN GENERAL.—The Secretary may participate in 

10 the reconstruction of an eligible flood control project if the 

11 Secretary determines that such reconstruction is not re12 quired as a result of improper operation and maintenance 

13 of the project by the non-Federal interest. 

14 (b) COST SHARING.—The non-Federal share of the 

15 costs for the reconstruction of a flood control project au16 thorized by this section shall be the same non-Federal 

17 share that was applicable to construction of the project. 

18 The non-Federal interest shall be responsible for operation 

19 and maintenance and repair of a project for which recon20 struction is undertaken under this section. 

21 (c) RECONSTRUCTION DEFINED.—In this section, 

22 the term ‘‘reconstruction’’, as used with respect to a 

23 project, means addressing major project deficiencies 

24 caused by long-term degradation of the foundation, con25 struction materials, or engineering systems or components 

26 of the project, the results of which render the project at 


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1 risk of not performing in compliance with its authorized 

2 project purposes. In addressing such deficiencies, the Sec3 retary may incorporate current design standards and effi4 ciency improvements, including the replacement of obso5 lete mechanical and electrical components at pumping sta6 tions, if such incorporation does not significantly change 

7 the scope, function, and purpose of the project as author8 ized. 

9 (d) ELIGIBLE PROJECTS.—The following flood con10 trol projects are eligible for reconstruction under this sec11 tion: 

12 (1) Clear Creek Drainage and Levee District, 

13 Illinois. 

14 (2) Fort Chartres and Ivy Landing Drainage 

15 District, Illinois. 

16 (3) Cairo, Illinois Mainline Levee, Cairo, Illi17 nois. 

18 (4) Goose Pond Pump Station, Cairo, Illinois. 

19 (5) Cottonwood Slough Pump Station, Alex20 ander County, Illinois. 

21 (6) 10th and 28th Street Pump Stations, Cairo, 

22 Illinois. 

23 (7) Prairie Du Pont Levee and Sanitary Dis24 trict, including Fish Lake Drainage and Levee Dis25 trict, Illinois. 


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1 (8) Flood control levee projects in Brookport, 

2 Shawneetown, Old Shawneetown, Golconda, 

3 Rosiclare, Harrisburg, and Reevesville, Illinois. 

4 (e) JUSTIFICATION.—The reconstruction of a project 

5 authorized by this section shall not be considered a sepa6 rable element of the project. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated— 

9 (1) $15,000,000 to carry out the projects de10 scribed in paragraphs (1) through (7) of subsection 

11 (d); and 

12 (2) $15,000,000 to carry out the projects de13 scribed in subsection (d)(8). 

14 Such sums shall remain available until expended. 

15 SEC. 5056. ILLINOIS RIVER BASIN RESTORATION. 

16 (a) EXTENSION OF AUTHORIZATION.—Section 

17 519(c)(2) of the Water Resources Development Act of 

18 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and 

19 inserting ‘‘2010’’. 

20 (b) IN-KIND SERVICES.—Section 519(g)(3) of such 

21 Act (114 Stat. 2655) is amended by inserting before the 

22 period at the end of the first sentence ‘‘if such services 

23 are provided not more than 5 years before the date of initi24 ation of the project or activity’’. 


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1 (c) NONPROFIT ENTITIES AND MONITORING.—Sec2 tion 519 of such Act (114 Stat. 2654) is amended by add3 ing at the end the following: 

4 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec5 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

6 1962d–5b(b)), a non-Federal interest may include for any 

7 project undertaken under this section a nonprofit entity, 

8 with the consent of the affected local government. 

9 ‘‘(i) MONITORING.—The Secretary shall develop an 

10 Illinois river basin monitoring program to support the plan 

11 referred to in subsection (b). Data collected under the 

12 monitoring program shall incorporate data provided by the 

13 State of Illinois and shall be publicly accessible through 

14 electronic means.’’. 

15 SEC. 5057. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA16 TION. 

17 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec18 tion, the term ‘‘Kaskaskia River Basin’’ means the 

19 Kaskaskia River, Illinois, its backwaters, its side channels, 

20 and all tributaries, including their watersheds, draining 

21 into the Kaskaskia River. 

22 (b) COMPREHENSIVE PLAN.— 

23 (1) DEVELOPMENT.—The Secretary shall de24 velop, as expeditiously as practicable, a comprehenVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 sive plan for the purpose of restoring, preserving, 

2 and protecting the Kaskaskia River Basin. 

3 (2) TECHNOLOGIES AND INNOVATIVE AP4 PROACHES.—The comprehensive plan shall provide 

5 for the development of new technologies and innova6 tive approaches— 

7 (A) to enhance the Kaskaskia River as a 

8 transportation corridor; 

9 (B) to improve water quality within the en10 tire Kaskaskia River Basin; 

11 (C) to restore, enhance, and preserve habi12 tat for plants and wildlife; 

13 (D) to ensure aquatic integrity of 

14 sidechannels and backwaters and their 

15 connectivity with the mainstem river; 

16 (E) to increase economic opportunity for 

17 agriculture and business communities; and 

18 (F) to reduce the impacts of flooding to 

19 communities and landowners. 

20 (3) SPECIFIC COMPONENTS.—The comprehen21 sive plan shall include such features as are necessary 

22 to provide for— 

23 (A) the development and implementation of 

24 a program for sediment removal technology, 


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1 sediment characterization, sediment transport, 

2 and beneficial uses of sediment; 

3 (B) the development and implementation 

4 of a program for the planning, conservation, 

5 evaluation, and construction of measures for 

6 fish and wildlife habitat conservation and reha7 bilitation, and stabilization and enhancement of 

8 land and water resources in the basin; 

9 (C) the development and implementation of 

10 a long-term resource monitoring program; 

11 (D) a conveyance study of the Kaskaskia 

12 River floodplain from Vandalia, Illinois, to 

13 Carlyle Lake to determine the impacts of exist14 ing and future waterfowl improvements on flood 

15 stages, including detailed surveys and mapping 

16 information to ensure proper hydraulic and 

17 hydrological analysis; 

18 (E) the development and implementation 

19 of a computerized inventory and analysis sys20 tem; and 

21 (F) the development and implementation 

22 of a systemic plan to reduce flood impacts by 

23 means of ecosystem restoration projects. 

24 (4) CONSULTATION.—The comprehensive plan 

25 shall be developed by the Secretary in consultation 


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1 with appropriate Federal agencies, the State of Illi2 nois, and the Kaskaskia River Watershed Associa3 tion. 

4 (5) REPORT TO CONGRESS.—Not later than 2 

5 years after the date of enactment of this Act, the 

6 Secretary shall transmit to Congress a report con7 taining the comprehensive plan. 

8 (6) ADDITIONAL STUDIES AND ANALYSES.— 

9 After transmission of a report under paragraph (5), 

10 the Secretary shall conduct studies and analyses of 

11 projects related to the comprehensive plan that are 

12 appropriate and consistent with this subsection. 

13 (c) GENERAL PROVISIONS.— 

14 (1) WATER QUALITY.—In carrying out activi15 ties under this section, the Secretary’s recommenda16 tions shall be consistent with applicable State water 

17 quality standards. 

18 (2) PUBLIC PARTICIPATION.—In developing the 

19 comprehensive plan under subsection (b), the Sec20 retary shall implement procedures to facilitate public 

21 participation, including providing advance notice of 

22 meetings, providing adequate opportunity for public 

23 input and comment, maintaining appropriate 

24 records, and making a record of the proceedings of 

25 meetings available for public inspection. 


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1 (d) CRITICAL PROJECTS AND INITIATIVES.—If the 

2 Secretary, in cooperation with appropriate Federal agen3 cies and the State of Illinois, determines that a project 

4 or initiative for the Kaskaskia River Basin will produce 

5 independent, immediate, and substantial benefits, the Sec6 retary may proceed expeditiously with the implementation 

7 of the project. 

8 (e) COORDINATION.—The Secretary shall integrate 

9 activities carried out under this section with ongoing Fed10 eral and State programs, projects, and activities, including 

11 the following: 

12 (1) Farm programs of the Department of Agri13 culture. 

14 (2) Conservation Reserve Enhancement Pro15 gram (State of Illinois) and Conservation 2000 Eco16 system Program of the Illinois Department of Nat17 ural Resources. 

18 (3) Conservation 2000 Conservation Practices 

19 Program and the Livestock Management Facilities 

20 Act administered by the Illinois Department of Agri21 culture. 

22 (4) National Buffer Initiative of the Natural 

23 Resources Conservation Service. 


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1 (5) Nonpoint source grant program adminis2 tered by the Illinois Environmental Protection Agen3 cy. 

4 (6) Other programs that may be developed by 

5 the State of Illinois or the Federal Government, or 

6 that are carried out by non-profit organizations, to 

7 carry out the objectives of the Kaskaskia River 

8 Basin Comprehensive Plan. 

9 (f) IN-KIND SERVICES.—The Secretary may credit 

10 the cost of in-kind services provided by the non-Federal 

11 interest for an activity carried out under this section to12 ward not more than 80 percent of the non-Federal share 

13 of the cost of the activity. In-kind services shall include 

14 all State funds expended on programs that accomplish the 

15 goals of this section, as determined by the Secretary. The 

16 programs may include the Kaskaskia River Conservation 

17 Reserve Program, the Illinois Conservation 2000 Pro18 gram, the Open Lands Trust Fund, and other appropriate 

19 programs carried out in the Kaskaskia River Basin. 

20 SEC. 5058. FLOODPLAIN MAPPING, LITTLE CALUMET 

21 RIVER, CHICAGO, ILLINOIS. 

22 (a) IN GENERAL.—The Secretary shall provide as23 sistance for a project to develop maps identifying 100- and 

24 500-year flood inundation areas along the Little Calumet 

25 River, Chicago, Illinois. 


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1 (b) REQUIREMENTS.—Maps developed under the 

2 project shall include hydrologic and hydraulic information 

3 and shall accurately show the flood inundation of each 

4 property by flood risk in the floodplain. The maps shall 

5 be produced in a high resolution format and shall be made 

6 available to all flood prone areas along the Little Calumet 

7 River, Chicago, Illinois, in an electronic format. 

8 (c) PARTICIPATION OF FEMA.—The Secretary and 

9 the non-Federal interests for the project shall work with 

10 the Director of the Federal Emergency Management 

11 Agency to ensure the validity of the maps developed under 

12 the project for flood insurance purposes. 

13 (d) FORMS OF ASSISTANCE.—In carrying out the 

14 project, the Secretary may enter into contracts or coopera15 tive agreements with the non-Federal interests or provide 

16 reimbursements of project costs. 

17 (e) FEDERAL SHARE.—The Federal share of the cost 

18 of the project shall be 50 percent. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $2,000,000. 

22 SEC. 5059. PROMONTORY POINT, LAKE MICHIGAN, ILLI23 NOIS. 

24 (a) REVIEW.— 


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1 (1) IN GENERAL.—The Secretary may carry out 

2 a third-party review of the Promontory Point project 

3 along the Chicago Shoreline, Chicago, Illinois, at a 

4 cost not to exceed $450,000. 

5 (2) JOINT REVIEW.—The Buffalo and Seattle 

6 districts of the Corps of Engineers shall jointly con7 duct the review. 

8 (3) STANDARDS.—The review shall be based on 

9 the standards under part 68 of title 36, Code of 

10 Federal Regulations, for implementation by the non11 Federal sponsor for the Chicago Shoreline, Chicago, 

12 Illinois, project. 

13 (b) CONTRIBUTIONS.—The Secretary shall accept 

14 from a State or political subdivision of a State voluntarily 

15 contributed funds to initiate the third-party review under 

16 subsection (a). 

17 (c) EFFECT OF SECTION.—Nothing in this section af18 fects the authorization for the project for the Chicago 

19 Shoreline, Chicago, Illinois. 

20 SEC. 5060. BURNS WATERWAY HARBOR, INDIANA. 

21 The Secretary shall conduct a study of shoaling in 

22 the vicinity of Burns Waterway Harbor, Indiana, to deter23 mine if the shoaling is the result of a Federal navigation 

24 project, and, if the Secretary determines that the shoaling 

25 is the result of a Federal navigation project, the Secretary 


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1 shall carry out a project to mitigate the shoaling under 

2 section 111 of the River and Harbor Act of 1968 (33 

3 U.S.C. 426). 

4 SEC. 5061. CALUMET REGION, INDIANA. 

5 Section 219(f)(12) of the Water Resources Develop6 ment Act of 1992 (113 Stat. 335; 117 Stat. 1843) is 

7 amended— 

8 (1) by striking ‘‘$30,000,000’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—$100,000,000’’; 

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

12 ‘‘(B) CREDIT.—The Secretary shall credit 

13 toward the non-Federal share of the cost of the 

14 project the cost of planning and design work 

15 carried out by the non-Federal interest before, 

16 on, or after the date of the partnership agree17 ment for the project if the Secretary determines 

18 that the work is integral to the project.’’; and 

19 (3) by aligning the remainder of the text of 

20 subparagraph (A) (as designated by paragraph (1) 

21 of this section) with subparagraph (B) (as added by 

22 paragraph (2) of this section). 

23 SEC. 5062. PADUCAH, KENTUCKY. 

24 The Secretary shall complete a feasibility report for 

25 rehabilitation of the project for flood damage reduction, 


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1 Paducah, Kentucky, and, if the Secretary determines that 

2 the project is feasible, the Secretary shall carry out the 

3 project at a total cost of $3,000,000. 

4 SEC. 5063. SOUTHERN AND EASTERN KENTUCKY. 

5 Section 531 of the Water Resources Development Act 

6 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) 

7 is amended by adding the following: 

8 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

9 of the amounts appropriated to carry out this section may 

10 be used by the Corps of Engineers district offices to ad11 minister projects under this section at Federal expense.’’. 

12 SEC. 5064. WINCHESTER, KENTUCKY. 

13 Section 219(c) of the Water Resources Development 

14 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 

15 amended by adding at the end the following: 

16 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

17 infrastructure, Winchester, Kentucky.’’. 

18 SEC. 5065. BATON ROUGE, LOUISIANA. 

19 Section 219(f)(21) of the Water Resources Develop20 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 

21 is amended by striking ‘‘$20,000,000’’ and inserting 

22 ‘‘$35,000,000’’. 

23 SEC. 5066. CALCASIEU SHIP CHANNEL, LOUISIANA. 

24 The Secretary shall expedite completion of a dredged 

25 material management plan for the Calcasieu Ship ChanVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 nel, Louisiana, and may take interim measures to increase 

2 the capacity of existing disposal areas, or to construct new 

3 confined or beneficial use disposal areas, for the channel. 

4 SEC. 5067. CROSS LAKE, SHREVEPORT, LOUISIANA. 

5 The Secretary may accept from the Department of 

6 the Air Force, and may use, not to exceed $4,500,000 to 

7 assist the city of Shreveport, Louisiana, with its plan to 

8 construct a water intake facility. 

9 SEC. 5068. WEST BATON ROUGE PARISH, LOUISIANA. 

10 (a) MODIFICATION OF STUDY.—The study for water11 front and riverine preservation, restoration, and enhance12 ment, Mississippi River, West Baton Rouge Parish, Lou13 isiana, being carried out under Committee Resolution 

14 2570 of the Committee on Transportation and Infrastruc15 ture of the House of Representatives adopted July 23, 

16 1998, is modified— 

17 (1) to add West Feliciana Parish and East 

18 Baton Rouge Parish to the geographic scope of the 

19 study; and 

20 (2) to direct the Secretary to credit toward the 

21 non-Federal share the cost of the study and the non22 Federal share of the cost of any project authorized 

23 by law as a result of the study the cost of work car24 ried out by the non-Federal interest before the date 

25 of the partnership agreement for the project if the 


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1 Secretary determines that the work is integral to the 

2 study or project, as the case may be. 

3 (b) EXPEDITED CONSIDERATION.—Section 517(5) of 

4 the Water Resources Development Act of 1999 (113 Stat. 

5 345) is amended to read as follows: 

6 ‘‘(5) Mississippi River, West Baton Rouge, 

7 West Feliciana, and East Baton Rouge Parishes, 

8 Louisiana, project for waterfront and riverine pres9 ervation, restoration, and enhancement modifica10 tions.’’. 

11 SEC. 5069. CHARLESTOWN, MARYLAND. 

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

13 project for nonstructural flood damage reduction and eco14 system restoration at Charlestown, Maryland. 

15 (b) LAND ACQUISITION.—The flood damage reduc16 tion component of the project may include the acquisition 

17 of private property from willing sellers. 

18 (c) JUSTIFICATION.—Any nonstructural flood dam19 age reduction project to be carried out under this section 

20 that will result in the conversion of property to use for 

21 ecosystem restoration and wildlife habitat shall be justified 

22 based on national ecosystem restoration benefits. 

23 (d) USE OF ACQUIRED PROPERTY.—Property ac24 quired under this section shall be maintained in public 

25 ownership for ecosystem restoration and wildlife habitat. 


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1 (e) ABILITY TO PAY.—In determining the appro2 priate non-Federal cost share for the project, the Sec3 retary shall determine the ability of Cecil County, Mary4 land, to participate as a cost-sharing non-Federal interest 

5 in accordance with section 103(m) of the Water Resources 

6 Development Act of 1986 (33 U.S.C. 2213(m)). 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $2,000,000 to carry out this 

9 section. 

10 SEC. 5070. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 

11 MARYLAND. 

12 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

13 one year after the date of enactment of this Act, the Sec14 retary, in coordination with the Mayor of the District of 

15 Columbia, the Governor of Maryland, the county execu16 tives of Montgomery County and Prince George’s County, 

17 Maryland, and other interested entities, shall develop and 

18 make available to the public a 10-year comprehensive ac19 tion plan to provide for the restoration and protection of 

20 the ecological integrity of the Anacostia River and its trib21 utaries. 

22 (b) PUBLIC AVAILABILITY.—On completion of the 

23 comprehensive action plan under subsection (a), the Sec24 retary shall make the plan available to the public, includ25 ing on the Internet. 


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1 SEC. 5071. DELMARVA CONSERVATION CORRIDOR, DELA2 WARE AND MARYLAND. 

3 (a) ASSISTANCE.—The Secretary may provide tech4 nical assistance to the Secretary of Agriculture for use in 

5 carrying out the Conservation Corridor Demonstration 

6 Program established under subtitle G of title II of the 

7 Farm Security and Rural Investment Act of 2002 (16 

8 U.S.C. 3801 note; 116 Stat. 275). 

9 (b) COORDINATION AND INTEGRATION.—In carrying 

10 out water resources projects in Delaware and Maryland 

11 on the Delmarva Peninsula, the Secretary shall coordinate 

12 and integrate those projects, to the maximum extent prac13 ticable, with any activities carried out to implement a con14 servation corridor plan approved by the Secretary of Agri15 culture under section 2602 of the Farm Security and 

16 Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 

17 Stat. 275). 

18 SEC. 5072. MASSACHUSETTS DREDGED MATERIAL DIS19 POSAL SITES. 

20 The Secretary may cooperate with Massachusetts in 

21 the management and long-term monitoring of aquatic 

22 dredged material disposal sites within the State, and is 

23 authorized to accept funds from the State to carry out 

24 such activities. 


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1 SEC. 5073. ONTONAGON HARBOR, MICHIGAN. 

2 The Secretary shall conduct a study of shore damage 

3 in the vicinity of the project for navigation, Ontonagon 

4 Harbor, Ontonagon County, Michigan, authorized by sec5 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

6 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if 

7 the damage is the result of a Federal navigation project, 

8 and, if the Secretary determines that the damage is the 

9 result of a Federal navigation project, the Secretary shall 

10 carry out a project to mitigate the damage under section 

11 111 of the River and Harbor Act of 1968 (33 U.S.C. 

12 426i). 

13 SEC. 5074. CROOKSTON, MINNESOTA. 

14 The Secretary shall conduct a study for a project for 

15 emergency streambank protection along the Red Lake 

16 River in Crookston, Minnesota, and, if the Secretary de17 termines that the project is feasible, the Secretary may 

18 carry out the project under section 14 of the Flood Control 

19 Act of 1946 (33 U.S.C. 701r); except that the maximum 

20 amount of Federal funds that may be expended for the 

21 project shall be $6,500,000. 

22 SEC. 5075. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

23 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 

24 the Water Resources Development Act of 1992 (114 Stat. 

25 2763A–221) is amended— 


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1 (1) in the paragraph heading by striking ‘‘AND

2 KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING

3 COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN

4 RESERVATION,, AND KATHIO TOWNSHIP’’; 

5 (2) by striking ‘‘$11,000,000’’ and inserting 

6 ‘‘$17,000,000’’; 

7 (3) by inserting ‘‘, Crow Wing County, Mille 

8 Lacs County, Mille Lacs Indian Reservation (10 

9 Stat. 1165),’’ after ‘‘Garrison’’; and 

10 (4) by adding at the end the following: ‘‘Such 

11 assistance shall be provided directly to the Garrison12 Kathio-West Mille Lacs Lake Sanitary District, 

13 Minnesota, except for assistance provided directly to 

14 the Mille Lacs Band of Ojibwe at the discretion of 

15 the Secretary.’’. 

16 (b) PROCEDURES.—In carrying out the project au17 thorized by such section 219(f)(61), the Secretary may use 

18 the cost sharing and contracting procedures available to 

19 the Secretary under section 569 of the Water Resources 

20 Development Act of 1999 (113 Stat. 368). 

21 SEC. 5076. ITASCA COUNTY, MINNESOTA. 

22 The Secretary shall carry out a project for flood dam23 age reduction, Trout Lake and Canisteo Pit, Itasca Coun24 ty, Minnesota, irrespective of normal policy considerations. 


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1 SEC. 5077. MINNEAPOLIS, MINNESOTA. 

2 (a) CONVEYANCE.—The Secretary shall convey to the 

3 city of Minneapolis by quitclaim deed and without consid4 eration all right, title, and interest of the United States 

5 to the property known as the War Department (Fort 

6 Snelling Interceptor) Tunnel in Minneapolis, Minnesota. 

7 (b) APPLICABILITY OF PROPERTY SCREENING PRO8 VISIONS.—Section 2696 of title 10, United States Code, 

9 shall not apply to the conveyance under this section. 

10 SEC. 5078. NORTHEASTERN MINNESOTA. 

11 (a) IN GENERAL.—Section 569 of the Water Re12 sources Development Act of 1999 (113 Stat. 368) is 

13 amended— 

14 (1) in subsection (a) by striking ‘‘Benton, 

15 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

16 Wadena,’’; 

17 (2) by striking the last sentence of subsection 

18 (e)(3)(B); 

19 (3) by striking subsection (g) and inserting the 

20 following: 

21 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec22 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

23 1962d–5b(b)), a non-Federal interest may include for any 

24 project undertaken under this section a nonprofit entity.’’; 

25 (4) in subsection (h) by striking ‘‘$40,000,000’’ 

26 and inserting ‘‘$54,000,000’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

3 of the amounts appropriated to carry out this section may 

4 be used by the Corps of Engineers district offices to ad5 minister projects under this section at Federal expense.’’. 

6 (b) BIWABIK, MINNESOTA.—The Secretary shall re7 imburse the non-Federal interest for the project for envi8 ronmental infrastructure, Biwabik, Minnesota, carried out 

9 under section 569 of the Water Resources Development 

10 Act of 1999 (113 Stat. 368), for planning, design, and 

11 construction costs that were incurred by the non-Federal 

12 interest with respect to the project before the date of the 

13 partnership agreement for the project and that were in 

14 excess of the non-Federal share of the cost of the project 

15 if the Secretary determines that the costs are appropriate. 

16 SEC. 5079. WILD RICE RIVER, MINNESOTA. 

17 The Secretary shall expedite the completion of the 

18 general reevaluation report, authorized by section 438 of 

19 the Water Resources Development Act of 2000 (114 Stat. 

20 2640), for the project for flood protection, Wild Rice 

21 River, Minnesota, authorized by section 201 of the Flood 

22 Control Act of 1970 (84 Stat. 1825), to develop alter23 natives to the Twin Valley Lake feature, and upon the 

24 completion of such report, shall construct the project at 

25 a total cost of $20,000,000. 


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1 SEC. 5080. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

2 MISSISSIPPI. 

3 In carrying out projects for the protection, restora4 tion, and creation of aquatic and ecologically related habi5 tats located in Harrison, Hancock, and Jackson Counties, 

6 Mississippi, under section 204 of the Water Resources De7 velopment Act of 1992 (33 U.S.C. 2326), the Secretary 

8 shall accept any portion of the non-Federal share of the 

9 cost of the project in the form of in-kind services and ma10 terials. 

11 SEC. 5081. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS. 

12 As a part of the operation and maintenance of the 

13 project for the Mississippi River (Regulating Works), be14 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

15 authorized by the first section of an Act entitled ‘‘Making 

16 appropriations for the construction, repair, and preserva17 tion of certain public works on rivers and harbors, and 

18 for other purposes’’, approved June 25, 1910, the Sec19 retary may carry out activities necessary to restore and 

20 protect fish and wildlife habitat in the middle Mississippi 

21 River system. Such activities may include modification of 

22 navigation training structures, modification and creation 

23 of side channels, modification and creation of islands, and 

24 studies and analysis necessary to apply adaptive manage25 ment principles in design of future work. 


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1 SEC. 5082. ST. LOUIS, MISSOURI. 

2 Section 219(f)(32) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 337) is amended— 

4 (1) by striking ‘‘project’’ and inserting 

5 ‘‘projects’’; 

6 (2) by striking ‘‘$15,000,000’’ and inserting 

7 ‘‘$35,000,000’’; and 

8 (3) by inserting ‘‘and St. Louis County’’ before 

9 ‘‘, Missouri’’. 

10 SEC. 5083. HACKENSACK MEADOWLANDS AREA, NEW JER11 SEY. 

12 Section 324 of the Water Resources Development Act 

13 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘design’’ and inserting 

16 ‘‘planning, design,’’; and 

17 (B) by striking ‘‘Hackensack Meadowlands 

18 Development’’ and all that follows through 

19 ‘‘Plan for’’ and inserting ‘‘New Jersey 

20 Meadowlands Commission for the development 

21 of an environmental improvement program for’’; 

22 (2) in subsection (b)— 

23 (A) in the subsection heading by striking 

24 ‘‘REQUIRED’’; 

25 (B) by striking ‘‘shall’’ and inserting 

26 ‘‘may’’; 


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1 (C) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) Restoration and acquisitions of significant 

4 wetlands and aquatic habitat that contribute to the 

5 Meadowlands ecosystem.’’; 

6 (D) in paragraph (2) by inserting ‘‘and 

7 aquatic habitat’’ before the period at the end; 

8 and 

9 (E) by striking paragraph (7) and insert10 ing the following: 

11 ‘‘(7) Research, development, and implementa12 tion for a water quality improvement program, in13 cluding restoration of hydrology and tidal flows and 

14 remediation of hot spots and other sources of con15 taminants that degrade existing or planned sites.’’; 

16 (3) in subsection (c) by inserting before the last 

17 sentence the following: ‘‘The non-Federal sponsor 

18 may also provide in-kind services, not to exceed the 

19 non-Federal share of the total project cost, and may 

20 also receive credit for reasonable cost of design work 

21 completed prior to entering into the partnership 

22 agreement with the Secretary for a project to be car23 ried out under the program developed under sub24 section (a).’’; and 


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1 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

2 and inserting ‘‘$35,000,000’’. 

3 SEC. 5084. ATLANTIC COAST OF NEW YORK. 

4 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

5 the Water Resources Development Act of 1992 (106 Stat. 

6 4863) is amended— 

7 (1) by striking ‘‘processes’’ and inserting ‘‘and 

8 related environmental processes’’; 

9 (2) by inserting after ‘‘Atlantic Coast’’ the fol10 lowing: ‘‘(and associated back bays)’’; 

11 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

12 environmental restoration or conservation measures 

13 for coastal and back bays,’’; and 

14 (4) by adding at the end the following: ‘‘The 

15 plan for collecting data and monitoring information 

16 included in such annual report shall be fully coordi17 nated with and agreed to by appropriate agencies of 

18 the State of New York.’’. 

19 (b) ANNUAL REPORTS.—Section 404(b) of such Act 

20 is amended— 

21 (1) by striking ‘‘INITIAL PLAN.—Not later than 

22 12 months after the date of the enactment of this 

23 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 


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1 (2) by striking ‘‘initial plan for data collection 

2 and monitoring’’ and inserting ‘‘annual report of 

3 data collection and monitoring activities’’; and 

4 (3) by striking the last sentence. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 404(c) of such Act (113 Stat. 341) is amended by striking 

7 ‘‘and an additional total of $2,500,000 for fiscal years 

8 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 

9 2000 through 2004, and $7,500,000 for fiscal years begin10 ning after September 30, 2004,’’. 

11 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4863) is amended by adding at the end the following: 

14 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author15 ized to be appropriated $800,000 for the Secretary to 

16 carry out a project for a tsunami warning system, Atlantic 

17 Coast of New York.’’. 

18 SEC. 5085. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

19 In carrying out section 312 of the Water Resources 

20 Development Act of 1990 (104 Stat. 4639), the Secretary 

21 shall give priority to work in College Point, New York 

22 City, New York. 


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1 SEC. 5086. FLUSHING BAY AND CREEK, NEW YORK CITY, 

2 NEW YORK. 

3 The Secretary shall credit toward the non-Federal 

4 share of the cost of the project for ecosystem restoration, 

5 Flushing Bay and Creek, New York City, New York, the 

6 cost of design and construction work carried out by the 

7 non-Federal interest before the date of the partnership 

8 agreement for the project if the Secretary determines that 

9 the work is integral to the project. 

10 SEC. 5087. HUDSON RIVER, NEW YORK. 

11 The Secretary may participate with the State of New 

12 York, New York City, and the Hudson River Park Trust 

13 in carrying out activities to restore critical marine habitat, 

14 improve safety, and protect and rehabilitate critical infra15 structure. There is authorized to be appropriated 

16 $5,000,000 to carry out this section. 

17 SEC. 5088. MOUNT MORRIS DAM, NEW YORK. 

18 As part of the operation and maintenance of the 

19 Mount Morris Dam, New York, the Secretary may make 

20 improvements to the access road for the dam to provide 

21 safe access to a Federal visitor’s center. 

22 SEC. 5089. JOHN H. KERR DAM AND RESERVOIR, NORTH 

23 CAROLINA. 

24 The Secretary shall expedite the completion of the 

25 calculations necessary to negotiate and execute a revised, 

26 permanent contract for water supply storage at John H. 


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1 Kerr Dam and Reservoir, North Carolina, among the Sec2 retary and the Kerr Lake Regional Water System and the 

3 city of Henderson, North Carolina. 

4 SEC. 5090. TOUSSAINT RIVER, OHIO. 

5 (a) IN GENERAL.—The project for navigation, Tous6 saint River, Carroll Township, Ohio, authorized by section 

7 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

8 is modified to authorize the Secretary to enter into an 

9 agreement with the non-Federal interest under which the 

10 Secretary may— 

11 (1) acquire, and transfer to the non-Federal in12 terest, a dredge and associated equipment with the 

13 capacity to perform operation and maintenance of 

14 the project; and 

15 (2) provide the non-Federal interest with a 

16 lump-sum payment to cover all future costs of oper17 ation and maintenance of the project. 

18 (b) AGREEMENT.—The Secretary may carry out sub19 section (a)(1) by entering into an agreement with the non20 Federal interest under which the non-Federal interest may 

21 acquire the dredge and associated equipment directly and 

22 be reimbursed by the Secretary. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $1,800,000 to carry out this 


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1 section. Of such funds, $500,000 may be used to carry 

2 out subsection (a)(1). 

3 (d) RELEASE.—Upon the acquisition and transfer of 

4 a dredge and associated equipment under subsection 

5 (a)(1), and the payment of funds under subsection (a)(2), 

6 all future Federal responsibility for operation and mainte7 nance of the project is extinguished. 

8 SEC. 5091. EUGENE, OREGON. 

9 (a) IN GENERAL.—The Secretary shall conduct a 

10 study to determine the feasibility of restoring the millrace 

11 in Eugene, Oregon, and, if the Secretary determines that 

12 the restoration is feasible, the Secretary shall carry out 

13 the restoration. 

14 (b) CONSIDERATION OF NONECONOMIC BENEFITS.— 

15 In determining the feasibility of restoring the millrace, the 

16 Secretary shall include noneconomic benefits associated 

17 with the historical significance of the millrace and associ18 ated with preservation and enhancement of resources. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $20,000,000. 

22 SEC. 5092. FERN RIDGE DAM, OREGON. 

23 The Secretary may treat all work carried out for 

24 emergency corrective actions to repair the embankment 

25 dam at the Fern Ridge Lake project, Oregon, as a dam 


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1 safety project. The cost of work carried out may be recov2 ered in accordance with section 1203 of the Water Re3 sources Development Act of 1986 (33 U.S.C. 467n; 100 

4 Stat. 4263). 

5 SEC. 5093. ALLEGHENY COUNTY, PENNSYLVANIA. 

6 Section 219(f)(66) of the Water Resources Develop7 ment Act of 1992 (114 Stat. 2763A–221) is amended— 

8 (1) by striking ‘‘$20,000,000’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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

12 ‘‘(B) CREDIT.—The Secretary shall credit 

13 toward the non-Federal share of the cost of the 

14 project the cost of work carried out by the non15 Federal interest before the date of the partner16 ship agreement for the project if the Secretary 

17 determines that the work is integral to the 

18 project.’’; and 

19 (3) by aligning the remainder of the text of 

20 subparagraph (A) (as designated by paragraph (1) 

21 of this section) with subparagraph (B) (as added by 

22 paragraph (2) of this section). 

23 SEC. 5094. KEHLY RUN DAMS, PENNSYLVANIA. 

24 Section 504(a)(2) of the Water Resources Develop25 ment Act of 1999 (113 Stat. 338; 117 Stat. 1842) is 


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1 amended by striking ‘‘Dams’’ and inserting ‘‘Dams No. 

2 1–5’’. 

3 SEC. 5095. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL4 VANIA. 

5 The Secretary shall use existing water quality data 

6 to model the effects of the Francis E. Walter Dam, at 

7 different water levels, to determine its impact on water 

8 and related resources in and along the Lehigh River in 

9 Lehigh County, Pennsylvania. There is authorized to be 

10 appropriated $500,000 to carry out this section. 

11 SEC. 5096. NORTHEAST PENNSYLVANIA. 

12 Section 219(f)(11) of the Water Resources Develop13 ment Act of 1992 (113 Stat. 335) is amended by striking 

14 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 

15 Snyder, Luzerne, and Monroe’’. 

16 SEC. 5097. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL17 VANIA AND NEW YORK. 

18 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

19 567(a) of the Water Resources Development Act of 1996 

20 (110 Stat. 3787; 114 Stat. 2662) is amended— 

21 (1) in the matter preceding paragraph (1) by 

22 inserting ‘‘and carry out’’ after ‘‘develop’’; and 

23 (2) in paragraph (2) by striking 

24 ‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 

25 which the Secretary may utilize not more than 


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1 $5,000,000 to design and construct feasible pilot 

2 projects during the development of the strategy to 

3 demonstrate alternative approaches for the strategy. 

4 The total cost for any single pilot project may not 

5 exceed $500,000. The Secretary shall evaluate the 

6 results of the pilot projects and consider the results 

7 in the development of the strategy.’’. 

8 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

9 such Act (114 Stat. 2662) is amended— 

10 (1) in the subsection heading by striking ‘‘CO11 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 

12 (2) in the first sentence— 

13 (A) by inserting ‘‘and carrying out’’ after 

14 ‘‘developing’’; and 

15 (B) by striking ‘‘cooperation’’ and insert16 ing ‘‘cost-sharing and cooperative’’. 

17 (c) IMPLEMENTATION OF STRATEGY.—Section 

18 567(d) of such Act (114 Stat. 2663) is amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; 

22 (2) in the second sentence of paragraph (1) (as 

23 so designated)— 

24 (A) by striking ‘‘implement’’ and inserting 

25 ‘‘carry out’’; and 


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1 (B) by striking ‘‘implementing’’ and insert2 ing ‘‘carrying out’’; 

3 (3) by adding at the end the following: 

4 ‘‘(2) PRIORITY PROJECT.—In carrying out 

5 projects to implement the strategy, the Secretary 

6 shall give priority to the project for ecosystem res7 toration, Cooperstown, New York, described in the 

8 Upper Susquehanna River Basin—Cooperstown 

9 Area Ecosystem Restoration Feasibility Study, dated 

10 December 2004, prepared by the Corps of Engineers 

11 and the New York State Department of Environ12 mental Conservation.’’; and 

13 (4) by aligning the remainder of the text of 

14 paragraph (1) (as designated by paragraph (1) of 

15 this subsection) with paragraph (2) (as added by 

16 paragraph (3) of this subsection). 

17 (d) CREDIT.—Section 567 of such Act (110 Stat. 

18 3787; 114 Stat. 2662) is amended by adding at the end 

19 the following: 

20 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

21 non-Federal share of the cost of a project under this sec22 tion— 

23 ‘‘(1) the cost of design and construction work 

24 carried out by the non-Federal interest before the 

25 date of the partnership agreement for the project if 


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1 the Secretary determines that the work is integral to 

2 the project; and 

3 ‘‘(2) the cost of in-kind services and materials 

4 provided for the project by the non-Federal inter5 est.’’. 

6 SEC. 5098. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

7 The Secretary shall review a report prepared by the 

8 non-Federal interest concerning flood protection and envi9 ronmental restoration for Cano Martin Pena, San Juan, 

10 Puerto Rico, and, if the Secretary determines that the re11 port meets the evaluation and design standards of the 

12 Corps of Engineers and that the project is feasible, the 

13 Secretary may carry out the project at a total cost of 

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

15 $85,000,000 and an estimated non-Federal cost of 

16 $45,000,000. 

17 SEC. 5099. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

18 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

19 HABITAT RESTORATION, SOUTH DAKOTA. 

20 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

21 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

22 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES23 TRIAL WILDLIFE HABITAT RESTORATION TRUST

24 FUNDS.—Section 602(a)(4) of the Water Resources De25 velopment Act of 1999 (113 Stat. 386) is amended— 


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1 (1) in subparagraph (A)— 

2 (A) in clause (i) by inserting ‘‘and the Sec3 retary of the Treasury’’ after ‘‘Secretary’’; and 

4 (B) by striking clause (ii) and inserting the 

5 following: 

6 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

7 notification in accordance with clause (i), 

8 the Secretary of the Treasury shall make 

9 available to the State of South Dakota 

10 funds from the State of South Dakota Ter11 restrial Wildlife Habitat Restoration Trust 

12 Fund established under section 603, to be 

13 used to carry out the plan for terrestrial 

14 wildlife habitat restoration submitted by 

15 the State of South Dakota after the State 

16 certifies to the Secretary of the Treasury 

17 that the funds to be disbursed will be used 

18 in accordance with section 603(d)(3) and 

19 only after the Trust Fund is fully capital20 ized.’’; and 

21 (2) in subparagraph (B) by striking clause (ii) 

22 and inserting the following: 

23 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

24 notification in accordance with clause (i), 

25 the Secretary of the Treasury shall make 


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1 available to the Cheyenne River Sioux 

2 Tribe and the Lower Brule Sioux Tribe 

3 funds from the Cheyenne River Sioux Ter4 restrial Wildlife Habitat Restoration Trust 

5 Fund and the Lower Brule Sioux Terres6 trial Wildlife Habitat Restoration Trust 

7 Fund, respectively, established under sec8 tion 604, to be used to carry out the plans 

9 for terrestrial wildlife habitat restoration 

10 submitted by the Cheyenne River Sioux 

11 Tribe and the Lower Brule Sioux Tribe, 

12 respectively, to after the respective tribe 

13 certifies to the Secretary of the Treasury 

14 that the funds to be disbursed will be used 

15 in accordance with section 604(d)(3) and 

16 only after the Trust Fund is fully capital17 ized.’’. 

18 (b) INVESTMENT PROVISIONS OF THE STATE OF

19 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

20 TRUST FUND.—Section 603 of the Water Resources De21 velopment Act of 1999 (113 Stat. 388; 114 Stat. 2664) 

22 is amended— 

23 (1) by striking subsection (c) and inserting the 

24 following: 

25 ‘‘(c) INVESTMENTS.— 


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1 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith2 standing any other provision of law, the Secretary of 

3 the Treasury shall invest the amounts deposited 

4 under subsection (b) and the interest earned on 

5 those amounts only in interest-bearing obligations of 

6 the United States issued directly to the Fund. 

7 ‘‘(2) INVESTMENT REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary of the 

9 Treasury shall invest the amounts in the Fund 

10 in accordance with the requirements of this 

11 paragraph. 

12 ‘‘(B) SEPARATE INVESTMENTS OF PRIN13 CIPAL AND INTEREST.— 

14 ‘‘(i) PRINCIPAL ACCOUNT.—The 

15 amounts deposited in the Fund under sub16 section (b) shall be credited to an account 

17 within the Fund (referred to in this para18 graph as the ‘principal account’) and in19 vested as provided in subparagraph (C). 

20 ‘‘(ii) INTEREST ACCOUNT.—The inter21 est earned from investing amounts in the 

22 principal account of the Fund shall be 

23 transferred to a separate account within 

24 the Fund (referred to in this paragraph as 


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1 the ‘interest account’) and invested as pro2 vided in subparagraph (D). 

3 ‘‘(iii) CREDITING.—The interest 

4 earned from investing amounts in the in5 terest account of the Fund shall be cred6 ited to the interest account. 

7 ‘‘(C) INVESTMENT OF PRINCIPAL AC8 COUNT.— 

9 ‘‘(i) INITIAL INVESTMENT.—Each 

10 amount deposited in the principal account 

11 of the Fund shall be invested initially in el12 igible obligations having the shortest matu13 rity then available until the date on which 

14 the amount is divided into 3 substantially 

15 equal portions and those portions are in16 vested in eligible obligations that are iden17 tical (except for transferability) to the 

18 next-issued publicly issued Treasury obli19 gations having a 2-year maturity, a 5-year 

20 maturity, and a 10-year maturity, respec21 tively. 

22 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

23 each 2-year, 5-year, and 10-year eligible 

24 obligation matures, the principal of the 

25 maturing eligible obligation shall also be 


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1 invested initially in the shortest-maturity 

2 eligible obligation then available until the 

3 principal is reinvested substantially equally 

4 in the eligible obligations that are identical 

5 (except for transferability) to the next6 issued publicly issued Treasury obligations 

7 having 2-year, 5-year, and 10-year matu8 rities. 

9 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

10 OF OBLIGATIONS.—If the Department of 

11 the Treasury discontinues issuing to the 

12 public obligations having 2-year, 5-year, or 

13 10-year maturities, the principal of any 

14 maturing eligible obligation shall be rein15 vested substantially equally in eligible obli16 gations that are identical (except for trans17 ferability) to the next-issued publicly 

18 issued Treasury obligations of the matu19 rities longer than 1 year then available. 

20 ‘‘(D) INVESTMENT OF INTEREST AC21 COUNT.— 

22 ‘‘(i) BEFORE FULL CAPITALIZA23 TION.—Until the date on which the Fund 

24 is fully capitalized, amounts in the interest 

25 account of the Fund shall be invested in elVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 igible obligations that are identical (except 

2 for transferability) to publicly issued 

3 Treasury obligations that have maturities 

4 that coincide, to the maximum extent prac5 ticable, with the date on which the Fund 

6 is expected to be fully capitalized. 

7 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

8 On and after the date on which the Fund 

9 is fully capitalized, amounts in the interest 

10 account of the Fund shall be invested and 

11 reinvested in eligible obligations having the 

12 shortest maturity then available until the 

13 amounts are withdrawn and transferred to 

14 fund the activities authorized under sub15 section (d)(3). 

16 ‘‘(E) PAR PURCHASE PRICE.—The price to 

17 be paid for eligible obligations purchased as in18 vestments of the principal account shall not ex19 ceed the par value of the obligations so that the 

20 amount of the principal account shall be pre21 served in perpetuity. 

22 ‘‘(F) HIGHEST YIELD.—Among eligible ob23 ligations having the same maturity and pur24 chase price, the obligation to be purchased shall 

25 be the obligation having the highest yield. 


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1 ‘‘(G) HOLDING TO MATURITY.—Eligible 

2 obligations purchased shall generally be held to 

3 their maturities. 

4 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI5 TIES.—Not less frequently than once each calendar 

6 year, the Secretary of the Treasury shall review with 

7 the State of South Dakota the results of the invest8 ment activities and financial status of the Fund dur9 ing the preceding 12-month period. 

10 ‘‘(4) AUDITS.— 

11 ‘‘(A) IN GENERAL.—The activities of the 

12 State of South Dakota (referred to in this sub13 section as the ‘State’) in carrying out the plan 

14 of the State for terrestrial wildlife habitat res15 toration under section 602(a) shall be audited 

16 as part of the annual audit that the State is re17 quired to prepare under the Office of Manage18 ment and Budget Circular A-133 (or a suc19 cessor circulation). 

20 ‘‘(B) DETERMINATION BY AUDITORS.—An 

21 auditor that conducts an audit under subpara22 graph (A) shall— 

23 ‘‘(i) determine whether funds received 

24 by the State under this section during the 

25 period covered by the audit were used to 


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1 carry out the plan of the State in accord2 ance with this section; and 

3 ‘‘(ii) include the determination under 

4 clause (i) in the written findings of the 

5 audit. 

6 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE7 MENTS.— 

8 ‘‘(A) IN GENERAL.—If the Secretary of the 

9 Treasury determines that meeting the require10 ments under paragraph (2) with respect to the 

11 investment of a Fund is not practicable, or 

12 would result in adverse consequences for the 

13 Fund, the Secretary shall modify the require14 ments, as the Secretary determines to be nec15 essary. 

16 ‘‘(B) CONSULTATION.—Before modifying a 

17 requirement under subparagraph (A), the Sec18 retary of the Treasury shall consult with the 

19 State regarding the proposed modification.’’; 

20 (2) in subsection (d)(2) by inserting ‘‘of the 

21 Treasury’’ after ‘‘Secretary’’; and 

22 (3) by striking subsection (f) and inserting the 

23 following: 

24 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au25 thorized to be appropriated to the Secretary of the TreasVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 ury to pay expenses associated with investing the Fund 

2 and auditing the uses of amounts withdrawn from the 

3 Fund— 

4 ‘‘(1) $500,000 for each of fiscal years 2006 and 

5 2007; and 

6 ‘‘(2) such sums as are necessary for each subse7 quent fiscal year.’’. 

8 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

9 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

10 TRUST FUNDS.—Section 604 of the Water Resources De11 velopment Act of 1999 (113 Stat. 389; 114 Stat. 2665) 

12 is amended— 

13 (1) by striking subsection (c) and inserting the 

14 following: 

15 ‘‘(c) INVESTMENTS.— 

16 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith17 standing any other provision of law, the Secretary of 

18 the Treasury shall invest the amounts deposited 

19 under subsection (b) and the interest earned on 

20 those amounts only in interest-bearing obligations of 

21 the United States issued directly to the Funds. 

22 ‘‘(2) INVESTMENT REQUIREMENTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of the 

24 Treasury shall invest the amounts in each of 


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1 the Funds in accordance with the requirements 

2 of this paragraph. 

3 ‘‘(B) SEPARATE INVESTMENTS OF PRIN4 CIPAL AND INTEREST.— 

5 ‘‘(i) PRINCIPAL ACCOUNT.—The 

6 amounts deposited in each Fund under 

7 subsection (b) shall be credited to an ac8 count within the Fund (referred to in this 

9 paragraph as the ‘principal account’) and 

10 invested as provided in subparagraph (C). 

11 ‘‘(ii) INTEREST ACCOUNT.—The inter12 est earned from investing amounts in the 

13 principal account of each Fund shall be 

14 transferred to a separate account within 

15 the Fund (referred to in this paragraph as 

16 the ‘interest account’) and invested as pro17 vided in subparagraph (D). 

18 ‘‘(iii) CREDITING.—The interest 

19 earned from investing amounts in the in20 terest account of each Fund shall be cred21 ited to the interest account. 

22 ‘‘(C) INVESTMENT OF PRINCIPAL AC23 COUNT.— 

24 ‘‘(i) INITIAL INVESTMENT.—Each 

25 amount deposited in the principal account 


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1 of each Fund shall be invested initially in 

2 eligible obligations having the shortest ma3 turity then available until the date on 

4 which the amount is divided into 3 sub5 stantially equal portions and those portions 

6 are invested in eligible obligations that are 

7 identical (except for transferability) to the 

8 next-issued publicly issued Treasury obli9 gations having a 2-year maturity, a 5-year 

10 maturity, and a 10-year maturity, respec11 tively. 

12 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

13 each 2-year, 5-year, and 10-year eligible 

14 obligation matures, the principal of the 

15 maturing eligible obligation shall also be 

16 invested initially in the shortest-maturity 

17 eligible obligation then available until the 

18 principal is reinvested substantially equally 

19 in the eligible obligations that are identical 

20 (except for transferability) to the next21 issued publicly issued Treasury obligations 

22 having 2-year, 5-year, and 10-year matu23 rities. 

24 ‘‘(iii) DISCONTINUATION OF ISSUANCE

25 OF OBLIGATIONS.—If the Department of 


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1 the Treasury discontinues issuing to the 

2 public obligations having 2-year, 5-year, or 

3 10-year maturities, the principal of any 

4 maturing eligible obligation shall be rein5 vested substantially equally in eligible obli6 gations that are identical (except for trans7 ferability) to the next-issued publicly 

8 issued Treasury obligations of the matu9 rities longer than 1 year then available. 

10 ‘‘(D) INVESTMENT OF THE INTEREST AC11 COUNT.— 

12 ‘‘(i) BEFORE FULL CAPITALIZA13 TION.—Until the date on which each Fund 

14 is fully capitalized, amounts in the interest 

15 account of the Fund shall be invested in el16 igible obligations that are identical (except 

17 for transferability) to publicly issued 

18 Treasury obligations that have maturities 

19 that coincide, to the maximum extent prac20 ticable, with the date on which the Fund 

21 is expected to be fully capitalized. 

22 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

23 On and after the date on which each Fund 

24 is fully capitalized, amounts in the interest 

25 account of the Fund shall be invested and 


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1 reinvested in eligible obligations having the 

2 shortest maturity then available until the 

3 amounts are withdrawn and transferred to 

4 fund the activities authorized under sub5 section (d)(3). 

6 ‘‘(E) PAR PURCHASE PRICE.—The price to 

7 be paid for eligible obligations purchased as in8 vestments of the principal account shall not ex9 ceed the par value of the obligations so that the 

10 amount of the principal account shall be pre11 served in perpetuity. 

12 ‘‘(F) HIGHEST YIELD.—Among eligible ob13 ligations having the same maturity and pur14 chase price, the obligation to be purchased shall 

15 be the obligation having the highest yield. 

16 ‘‘(G) HOLDING TO MATURITY.—Eligible 

17 obligations purchased shall generally be held to 

18 their maturities. 

19 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI20 TIES.—Not less frequently than once each calendar 

21 year, the Secretary of the Treasury shall review with 

22 the Cheyenne River Sioux Tribe and the Lower 

23 Brule Sioux Tribe (referred to in this subsection as 

24 the ‘Tribes’) the results of the investment activities 


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1 and financial status of the Funds during the pre2 ceding 12-month period. 

3 ‘‘(4) AUDITS.— 

4 ‘‘(A) IN GENERAL.—The activities of the 

5 Tribes in carrying out the plans of the Tribes 

6 for terrestrial wildlife habitat restoration under 

7 section 602(a) shall be audited as part of the 

8 annual audit that the Tribes are required to 

9 prepare under the Office of Management and 

10 Budget Circular A-133 (or a successor circula11 tion). 

12 ‘‘(B) DETERMINATION BY AUDITORS.—An 

13 auditor that conducts an audit under subpara14 graph (A) shall— 

15 ‘‘(i) determine whether funds received 

16 by the Tribes under this section during the 

17 period covered by the audit were used to 

18 carry out the plan of the appropriate Tribe 

19 in accordance with this section; and 

20 ‘‘(ii) include the determination under 

21 clause (i) in the written findings of the 

22 audit. 

23 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE24 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 Tribes regarding the proposed modification.’’; 

13 and 

14 (2) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au17 thorized to be appropriated to the Secretary of the Treas18 ury to pay expenses associated with investing the Funds 

19 and auditing the uses of amounts withdrawn from the 

20 Funds— 

21 ‘‘(1) $500,000 for each of fiscal years 2006 and 

22 2007; and 

23 ‘‘(2) such sums as are necessary for each subse24 quent fiscal year.’’. 


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1 SEC. 5100. FRITZ LANDING, TENNESSEE. 

2 The Secretary shall— 

3 (1) conduct a study of the Fritz Landing Agri4 cultural Spur Levee, Tennessee, to determine the ex5 tent of levee modifications that would be required to 

6 make the levee and associated drainage structures 

7 consistent with Federal standards; 

8 (2) design and construct such modifications; 

9 and 

10 (3) after completion of such modifications, in11 corporate the levee into the project for flood control, 

12 Mississippi River and Tributaries, authorized by the 

13 Act entitled ‘‘An Act for the control of floods on the 

14 Mississippi River and its tributaries, and for other 

15 purposes’’, approved May 15, 1928 (45 Stat. 534– 

16 539), commonly known as the ‘‘Flood Control Act of 

17 1928’’. 

18 SEC. 5101. J. PERCY PRIEST DAM AND RESERVOIR, TEN19 NESSEE. 

20 The Secretary shall plan, design, and construct a trail 

21 system at the J. Percy Priest Dam and Reservoir, Ten22 nessee, authorized by section 4 of the Act entitled ‘‘An 

23 Act authorizing the construction of certain public works 

24 on rivers and harbors for flood control, and for other pur25 poses’’, approved June 28, 1938 (52 Stat. 1217), and ad26 jacent public property, including design and construction 


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1 of support facilities. In carrying out such improvements, 

2 the Secretary is authorized to use funds made available 

3 by the State of Tennessee from any Federal or State 

4 source, or both. 

5 SEC. 5102. TOWN CREEK, LENOIR CITY, TENNESSEE. 

6 The Secretary shall design and construct the project 

7 for flood damage reduction designated as Alternative 4 in 

8 the Town Creek, Lenoir City, Loudon County, Tennessee, 

9 feasibility report of the Nashville district engineer, dated 

10 November 2000, under the authority of section 205 of the 

11 Flood Control Act of 1948 (33 U.S.C. 701s), notwith12 standing section 1 of the Flood Control Act of June 22, 

13 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal 

14 share of the cost of the project shall be subject to section 

15 103(m) of the Water Resources Development Act of 1986 

16 (33 U.S.C. 2213(m)). 

17 SEC. 5103. TENNESSEE RIVER PARTNERSHIP. 

18 (a) IN GENERAL.—As part of the operation and 

19 maintenance of the project for navigation, Tennessee 

20 River, Tennessee, Alabama, Mississippi, and Kentucky, 

21 authorized by the first section of the River and Harbor 

22 Act of July 3, 1930 (46 Stat. 927), the Secretary may 

23 enter into a partnership with a nonprofit entity to remove 

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1 ville, Tennessee, by providing a vessel to such entity, at 

2 Federal expense, for such debris removal purposes. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $500,000. 

6 SEC. 5104. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

7 ARKANSAS, AND MISSISSIPPI. 

8 The Secretary may participate with non-Federal and 

9 nonprofit entities to address issues concerning managing 

10 groundwater as a sustainable resource through the Upper 

11 Mississippi Embayment, Tennessee, Arkansas, and Mis12 sissippi, and coordinating the protection of groundwater 

13 supply and groundwater quality with local surface water 

14 protection programs. There is authorized to be appro15 priated $5,000,000 to carry out this section. 

16 SEC. 5105. BOSQUE RIVER WATERSHED, TEXAS. 

17 (a) COMPREHENSIVE PLAN.—The Secretary, in con18 sultation with appropriate Federal, State, and local enti19 ties, shall develop, as expeditiously as practicable, a com20 prehensive plan for development of new technologies and 

21 innovative approaches for restoring, preserving, and pro22 tecting the Bosque River watershed within Bosque, Ham23 ilton, McLennan, and Erath Counties, Texas. The Sec24 retary, in cooperation with the Secretary of Agriculture, 

25 may carry out activities identified in the comprehensive 


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1 plan to demonstrate practicable alternatives for stabiliza2 tion and enhancement of land and water resources in the 

3 basin. 

4 (b) SERVICES OF PUBLIC NON-PROFIT INSTITU5 TIONS AND OTHER ENTITIES.—In carrying out subsection 

6 (a), the Secretary may utilize, through contracts or other 

7 means, the services of public non-profit institutions and 

8 such other entities as the Secretary considers appropriate. 

9 (c) NON-FEDERAL SHARE.— 

10 (1) CREDIT.—The Secretary shall credit toward 

11 the non-Federal share of the cost of activities car12 ried out under this section the cost of planning, de13 sign, and construction work completed by or on be14 half of the non-Federal interests for implementation 

15 of measures constructed with assistance provided 

16 under this section. The amount of such credit shall 

17 not exceed the non-Federal share of the cost of such 

18 activities. 

19 (2) OPERATION AND MAINTENANCE.—The non20 Federal share of the cost of operation and mainte21 nance for measures constructed with assistance pro22 vided under this section shall be 100 percent. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $10,000,000. 


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1 SEC. 5106. DALLAS FLOODWAY, DALLAS TEXAS. 

2 (a) IN GENERAL.—The project for flood control, 

3 Trinity River and tributaries, Texas, authorized by section 

4 2 of the Act entitled, ‘‘An Act authorizing the construc5 tion, repair, and preservation of certain public works on 

6 rivers and harbors, and for other purposes’’, approved 

7 March 2, 1945 (59 Stat. 18), is modified to— 

8 (1) direct the Secretary to review the Balanced 

9 Vision Plan for the Trinity River Corridor, Dallas, 

10 Texas, dated December 2003 and amended in March 

11 2004, prepared by the non-Federal interest for the 

12 project; 

13 (2) direct the Secretary to review the Interior 

14 Levee Drainage Study Phase-I report, Dallas, 

15 Texas, dated September 2006, prepared by the non16 Federal interest; and 

17 (3) if the Secretary determines that the project 

18 is technically sound and environmentally acceptable, 

19 authorize the Secretary to construct the project at a 

20 total cost of $459,000,000, with an estimated Fed21 eral cost of $298,000,000 and an estimated non22 Federal cost of $161,000,000. 

23 (b) CREDIT.— 

24 (1) IN-KIND CONTRIBUTIONS.—The Secretary 

25 shall credit toward the non-Federal share of the cost 

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1 struction work carried out by the non-Federal inter2 est before the date of the partnership agreement for 

3 the project if the Secretary determines that the work 

4 is integral to the project. 

5 (2) CASH CONTRIBUTIONS.—The Secretary 

6 shall accept funds provided by the non-Federal inter7 est for use in carrying out planning, engineering, 

8 and design for the project. The Federal share of 

9 such planning, engineering, and design carried out 

10 with non-Federal contributions shall be credited 

11 against the non-Federal share of the cost of the 

12 project. 

13 SEC. 5107. HARRIS COUNTY, TEXAS. 

14 (a) IN GENERAL.—Section 575(a) of the Water Re15 sources Development Act of 1996 (110 Stat. 3789; 113 

16 Stat. 311) is amended by inserting before the period at 

17 the end the following: ‘‘, whether or not such works or 

18 actions are partially funded under the hazard mitigation 

19 grant program of the Federal Emergency Management 

20 Agency’’. 

21 (b) SPECIFIC PROJECTS.—Section 575(b) of such 

22 Act (110 Stat. 3789; 113 Stat. 311) is amended— 

23 (1) in paragraph (3) by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (4) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding the following: 

4 ‘‘(5) the project for flood control, Upper White 

5 Oak Bayou, Texas, authorized by section 401(a) of 

6 the Water Resources Development Act of 1986 (100 

7 Stat. 4125).’’. 

8 SEC. 5108. ONION CREEK, TEXAS. 

9 In carrying out the study for the project for flood 

10 damage reduction, recreation, and ecosystem restoration, 

11 Onion Creek, Texas, the Secretary shall include the costs 

12 and benefits associated with the relocation of flood-prone 

13 residences in the study area for the project in the period 

14 beginning 2 years before the date of initiation of the study 

15 and ending on the date of execution of the partnership 

16 agreement for construction of the project to the extent the 

17 Secretary determines such relocations are compatible with 

18 the project. The Secretary shall credit toward the non19 Federal share of the cost of the project the cost of reloca20 tion of such flood-prone residences incurred by the non21 Federal interest before the date of the partnership agree22 ment for the project if the Secretary determines that the 

23 relocation of such residences is integral to the project. 


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1 SEC. 5109. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 

2 The Secretary shall accept funds from the National 

3 Park Service to restore Dyke Marsh, Fairfax County, Vir4 ginia. 

5 SEC. 5110. BAKER BAY AND ILWACO HARBOR, WASH6 INGTON. 

7 The Secretary shall conduct a study of increased sil8 tation in Baker Bay and Ilwaco Harbor, Washington, to 

9 determine if the siltation is the result of a Federal naviga10 tion project (including diverted flows from the Columbia 

11 River) and, if the Secretary determines that the siltation 

12 is the result of a Federal navigation project, the Secretary 

13 shall carry out a project to mitigate the siltation as part 

14 of maintenance of the Federal navigation project. 

15 SEC. 5111. HAMILTON ISLAND CAMPGROUND, WASH16 INGTON. 

17 The Secretary is authorized to plan, design, and con18 struct a campground for Bonneville Lock and Dam at 

19 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

20 Skamania County, Washington. 

21 SEC. 5112. PUGET ISLAND, WASHINGTON. 

22 The Secretary is directed to place dredged and other 

23 suitable material along portions of the Columbia River 

24 shoreline of Puget Island, Washington, between river miles 

25 38 to 47 in order to protect economic and environmental 

26 resources in the area from further erosion, at a Federal 


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1 cost of $1,000,000. This action shall be coordinated with 

2 appropriate resource agencies and comply with applicable 

3 Federal laws. 

4 SEC. 5113. WILLAPA BAY, WASHINGTON. 

5 Section 545 of the Water Resources Development Act 

6 of 2000 (114 Stat. 2675) is amended— 

7 (1) in subsection (b)(1) by striking ‘‘may con8 struct’’ and inserting ‘‘shall construct’’; and 

9 (2) by inserting ‘‘and ecosystem restoration’’ 

10 after ‘‘erosion protection’’ each place it appears. 

11 SEC. 5114. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

12 CONTROL. 

13 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR14 GINIA.—Section 581(a)(1) of the Water Resources Devel15 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 

16 amended— 

17 (1) by striking ‘‘flood control measures’’ and in18 serting ‘‘structural and nonstructural flood control, 

19 streambank protection, stormwater management, 

20 and channel clearing and modification measures’’; 

21 and 

22 (2) by inserting ‘‘with respect to measures that 

23 incorporate levees or floodwalls’’ before the semi24 colon. 


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1 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

2 Water Resources Development Act of 1996 (110 Stat. 

3 3791) is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (5); 

6 (2) by striking the period at the end of para7 graph (6) and inserting a semicolon; and 

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

9 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa10 tershed; and 

11 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

12 River basin.’’. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 581(c) of the Water Resources Development Act of 1996 

15 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 

16 and inserting ‘‘$90,000,000’’. 

17 SEC. 5115. CENTRAL WEST VIRGINIA. 

18 Section 571 of the Water Resources Development Act 

19 of 1999 (113 Stat. 371) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘Nicholas,’’; and 

22 (B) by striking ‘‘Gilmer,’’; and 

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

24 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec25 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 


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1 1962d–5b(b)), a non-Federal interest may include for any 

2 project undertaken under this section a nonprofit entity 

3 with the consent of the affected local government. 

4 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

5 of the amounts appropriated to carry out this section may 

6 be used by the Corps of Engineers district offices to ad7 minister projects under this section at Federal expense.’’. 

8 SEC. 5116. SOUTHERN WEST VIRGINIA. 

9 (a) CORPS OF ENGINEERS.—Section 340 of the 

10 Water Resources Development Act of 1992 (106 Stat. 

11 4856; 113 Stat. 320) is amended by adding at the end 

12 the following: 

13 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

14 amounts appropriated to carry out this section may be 

15 used by the Corps of Engineers district offices to admin16 ister projects under this section at Federal expense.’’. 

17 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

18 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 

19 after ‘‘Greenbrier,’’. 

20 (c) NONPROFIT ENTITIES.—Section 340 of the 

21 Water Resources Development Act of 1992 (106 Stat. 

22 4856) is further amended by adding at the end the fol23 lowing: 

24 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec25 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 


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1 1962d–5b(b)), a non-Federal interest may include for any 

2 project undertaken under this section a nonprofit entity 

3 with the consent of the affected local government.’’. 

4 SEC. 5117. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

5 BY NON-FEDERAL INTERESTS. 

6 Section 211(f) of the Water Resources Development 

7 Act of 1996 (33 U.S.C. 701b–13) is amended by adding 

8 at the end the following: 

9 ‘‘(12) PERRIS, CALIFORNIA.—The project for 

10 flood control, Perris, California. 

11 ‘‘(13) THORNTON RESERVOIR, COOK COUNTY, 

12 ILLINOIS.—An element of the project for flood con13 trol, Chicagoland Underflow Plan, Illinois. 

14 ‘‘(14) LAROSE TO GOLDEN MEADOW, LOU15 ISIANA.—The project for flood control, Larose to 

16 Golden Meadow, Louisiana. 

17 ‘‘(15) BUFFALO BAYOU, TEXAS.—A project for 

18 flood control, Buffalo Bayou, Texas, to provide an 

19 alternative to the project authorized by the first sec20 tion of the River and Harbor Act of June 20, 1938 

21 (52 Stat. 804) and modified by section 3a of the 

22 Flood Control Act of August 11, 1939 (53 Stat. 

23 1414). 

24 ‘‘(16) HALLS BAYOU, TEXAS.—A project for 

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1 ternative to the project for flood control, Buffalo 

2 Bayou and tributaries, Texas, authorized by section 

3 101(a)(21) of the Water Resources Development Act 

4 of 1990 (104 Stat. 4610).’’. 

5 TITLE VI—FLORIDA 

6 EVERGLADES 

7 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR8 IDA. 

9 (a) MODIFICATION.—The project for Hillsboro and 

10 Okeechobee Aquifer, Florida, authorized by section 

11 101(a)(16) of the Water Resources Development Act of 

12 1999 (113 Stat. 276), is modified to authorize the Sec13 retary to carry out the project at a total cost of 

14 $42,500,000. 

15 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 

16 Resources Development Act of 2000 (114 Stat. 2681) is 

17 amended— 

18 (1) in clause (i) by adding at the end the fol19 lowing: ‘‘The project for aquifer storage and recov20 ery, Hillsboro and Okeechobee Aquifer, Florida, au21 thorized by section 101(a)(16) of the Water Re22 sources Development Act of 1999 (113 Stat. 276), 

23 shall be treated for purposes of this section as being 

24 in the Plan, except that operation and maintenance 


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1 costs of the project shall remain a non-Federal re2 sponsibility.’’; and 

3 (2) in clause (iii) by inserting after ‘‘subpara4 graph (B)’’ the following: ‘‘and the project for aqui5 fer storage and recovery, Hillsboro and Okeechobee 

6 Aquifer’’. 

7 SEC. 6002. PILOT PROJECTS. 

8 Section 601(b)(2)(B) of the Water Resources Devel9 opment Act of 2000 (114 Stat. 2681) is amended— 

10 (1) in the matter preceding clause (i)— 

11 (A) by striking ‘‘$69,000,000’’ and insert12 ing ‘‘$71,200,000’’; and 

13 (B) by striking ‘‘$34,500,000’’ each place 

14 it appears and inserting ‘‘$35,600,000’’; and 

15 (2) in clause (i)— 

16 (A) by striking ‘‘$6,000,000’’ and inserting 

17 ‘‘$8,200,000’’; and 

18 (B) by striking ‘‘$3,000,000’’ each place it 

19 appears and inserting ‘‘$4,100,000’’. 

20 SEC. 6003. MAXIMUM COSTS. 

21 (a) MAXIMUM COST OF PROJECTS.—Section 

22 601(b)(2)(E) of the Water Resources Development Act of 

23 2000 (114 Stat. 2683) is amended by inserting ‘‘and sec24 tion (d)’’ before the period at the end. 


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1 (b) MAXIMUM COST OF PROGRAM AUTHORITY.—Sec2 tion 601(c)(3) of such Act (114 Stat. 2684) is amended 

3 by adding at the end the following: 

4 ‘‘(C) MAXIMUM COST OF PROGRAM AU5 THORITY.—Section 902 of the Water Resources 

6 Development Act of 1986 (33 U.S.C. 2280) 

7 shall apply to the individual project funding 

8 limits in subparagraph (A) and the aggregate 

9 cost limits in subparagraph (B).’’. 

10 SEC. 6004. PROJECT AUTHORIZATION. 

11 Section 601(d) of the Water Resources Development 

12 Act of 2000 (114 Stat. 2684) is amended by adding at 

13 the end the following: 

14 ‘‘(3) PROJECT AUTHORIZATION.—The following 

15 project for water resources development and con16 servation and other purposes is authorized to be car17 ried out by the Secretary substantially in accordance 

18 with the plans, and subject to the conditions, de19 scribed in the report designated in this paragraph: 

20 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR21 IDA.—The project for ecosystem restoration, 

22 water supply, flood damage reduction, and pro23 tection of water quality, Indian River Lagoon 

24 South, Florida: Report of the Chief of Engi25 neers dated August 6, 2004, at a total cost of 


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1 $1,365,000,000, with an estimated Federal cost 

2 of $682,500,000 and an estimated non-Federal 

3 cost of $682,500,000. 

4 ‘‘(B) PICAYUNE STRAND, FLORIDA.—The 

5 project for environmental restoration, Picayune 

6 Strand, Florida: Report of the Chief of Engi7 neers dated September 15, 2005, at a total cost 

8 of $375,330,000, with an estimated Federal 

9 cost of $187,665,000 and an estimated non10 Federal cost of $187,665,000. 

11 ‘‘(C) SITE 1 IMPOUNDMENT, FLORIDA.— 

12 The project for environmental restoration, Site 

13 1 Impoundment, Florida: Report of the Chief of 

14 Engineers dated December 19, 2006, at a total 

15 cost of $80,840,000, with an estimated Federal 

16 cost of $40,420,000 and an estimated non-Fed17 eral cost of $40,420,000.’’. 

18 SEC. 6005. CREDIT. 

19 Section 601(e)(5)(B) of the Water Resources Devel20 opment Act of 2000 (114 Stat. 2685) is amended— 

21 (1) in clause (i)— 

22 (A) by striking ‘‘or’’ at the end of sub23 clause (I); 

24 (B) by adding ‘‘or’’ at the end of subclause 

25 (II); and 


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

2 ‘‘(III) the credit is provided for work 

3 carried out before the date of the partner4 ship agreement between the Secretary and 

5 the non-Federal sponsor, as defined in an 

6 agreement between the Secretary and the 

7 non-Federal sponsor providing for such 

8 credit;’’; and 

9 (2) in clause (ii)— 

10 (A) by striking ‘‘design agreement or the 

11 project cooperation’’; and 

12 (B) by inserting before the semicolon the 

13 following: ‘‘, including in the case of credit pro14 vided under clause (i)(III) conditions relating to 

15 design and construction’’. 

16 SEC. 6006. OUTREACH AND ASSISTANCE. 

17 Section 601(k) of the Water Resources Development 

18 Act of 2000 (114 Stat. 2691) is amended by adding at 

19 the end the following: 

20 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec21 retary may expend up to $3,000,000 per fiscal year 

22 for fiscal years beginning after September 30, 2004, 

23 to carry out this subsection.’’. 


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1 SEC. 6007. CRITICAL RESTORATION PROJECTS. 

2 Section 528(b)(3)(C) of the Water Resources Devel3 opment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is 

4 amended— 

5 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

6 all that follows through ‘‘2003’’ and inserting 

7 ‘‘$95,000,000’’; and 

8 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

9 inserting ‘‘$30,000,000’’. 

10 SEC. 6008. MODIFIED WATER DELIVERIES. 

11 (a) IN GENERAL.—The project, Modified Water De12 liveries to Everglades National Park, authorized by section 

13 104 of the Everglades National Park Protection and Ex14 pansion Act of 1989 (16 U.S.C. 410r-8), as described in 

15 the General Design Memorandum and Environmental Im16 pact Statement for Modified Water Deliveries to Ever17 glades National Park, June 1992, is modified to authorize 

18 the Secretary to construct the project substantially in ac19 cordance with the Revised General Reevaluation Report/ 

20 Second Supplemental Environmental Impact Statement 

21 for the Tamiami Trail Modifications, Modified Water De22 liveries to Everglades National Park, August 2005, at a 

23 total cost of $144,131,000. 

24 (b) USE OF FUNDS.—Funds made available under 

25 section 102(f) of the Everglades National Park Protection 

26 and Expansion Act of 1989 (16 U.S.C. 410r–6), may be 


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1 used to carry out the project modification under sub2 section (a). 

3 (c) SOURCE AND ALLOCATION OF FUNDS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), Federal costs incurred for construction of 

6 the project modification under subsection (a) on or 

7 after October 1, 2004, shall be shared equally be8 tween the Secretary and the Secretary of the Inte9 rior. 

10 (2) ACCEPTANCE AND USE OF FUNDS.—The 

11 Secretary may accept and expend funds, without 

12 further appropriation, provided from another Fed13 eral agency or from non-Federal interests for con14 struction of the project modification under sub15 section (a) or for carrying out such other work that 

16 the Secretary determines to be appropriate and con17 sistent with authorized purposes of the modified 

18 project. 

19 SEC. 6009. DEAUTHORIZATIONS. 

20 The following projects are not authorized after the 

21 date of enactment of this Act: 

22 (1) The uncompleted portions of the project for 

23 the C–44 Basin Storage Reservoir of the Com24 prehensive Everglades Restoration Plan, authorized 

25 by section 601(b)(2)(C)(i) of the Water Resources 


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1 Development Act of 2000 (114 Stat. 2682), at a 

2 total cost of $147,800,000, with an estimated Fed3 eral cost of $73,900,000 and an estimated non-Fed4 eral cost of $73,900,000. 

5 (2) The uncompleted portions of the Martin 

6 County, Florida, modifications to the project for 

7 Central and Southern Florida, authorized by section 

8 203 of the Flood Control Act of 1968 (82 Stat. 

9 740), at a total cost of $15,471,000, with an esti10 mated Federal cost of $8,073,000 and an estimated 

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

12 (3) The uncompleted portions of the East Coast 

13 Backpumping, St. Lucie–Martin County, Spillway 

14 Structure S–311 modifications to the project for 

15 Central and Southern Florida, authorized by section 

16 203 of the Flood Control Act of 1968 (82 Stat. 

17 740), at a total cost of $77,118,000, with an esti18 mated Federal cost of $55,124,000 and an esti19 mated non-Federal cost of $21,994,000. 

20 SEC. 6010. REGIONAL ENGINEERING MODEL FOR ENVIRON21 MENTAL RESTORATION. 

22 (a) IN GENERAL.—The Secretary shall complete the 

23 development and testing of the regional engineering model 

24 for environmental restoration as expeditiously as prac25 ticable. 


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1 (b) USAGE.—The Secretary shall consider using, as 

2 appropriate, the regional engineering model for environ3 mental restoration in the development of future water re4 source projects, including projects developed pursuant to 

5 section 601 of the Water Resources Development Act of 

6 2000 (114 Stat. 2680). 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $10,000,000 to carry out 

9 subsection (a). 

10 TITLE VII—LOUISIANA COASTAL 

11 AREA 

12 SEC. 7001. DEFINITIONS. 

13 In this title, the following definitions apply: 

14 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

15 term ‘‘coastal Louisiana ecosystem’’ means the 

16 coastal area of Louisiana from the Sabine River on 

17 the west to the Pearl River on the east, including 

18 those parts of the Deltaic Plain and the Chenier 

19 Plain included within the study area of the Plan. 

20 (2) GOVERNOR.—The term ‘‘Governor’’ means 

21 the Governor of the State of Louisiana. 

22 (3) PLAN.—The term ‘‘Plan’’ means the report 

23 of the Chief of Engineers for ecosystem restoration 

24 for the Louisiana Coastal Area dated January 31, 

25 2005. 


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1 (4) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Coastal Louisiana Ecosystem Protection 

3 and Restoration Task Force established by section 

4 7003. 

5 SEC. 7002. COMPREHENSIVE PLAN. 

6 (a) IN GENERAL.—The Secretary, in coordination 

7 with the Governor, shall develop a comprehensive plan for 

8 protecting, preserving, and restoring the coastal Louisiana 

9 ecosystem. 

10 (b) INTEGRATION OF PLAN INTO COMPREHENSIVE

11 HURRICANE PROTECTION STUDY.—In developing the 

12 comprehensive plan, the Secretary shall integrate the plan 

13 into the analysis and design of the comprehensive hurri14 cane protection study authorized by title I of the Energy 

15 and Water Development Appropriations Act, 2006 (Public 

16 Law 109–103; 119 Stat. 2247). 

17 (c) CONSISTENCY WITH COMPREHENSIVE COASTAL

18 PROTECTION MASTER PLAN.—In developing the com19 prehensive plan, the Secretary shall ensure that the plan 

20 is consistent with the goals, analysis, and design of the 

21 comprehensive coastal protection master plan authorized 

22 and defined pursuant to Act 8 of the First Extraordinary 

23 Session of the Louisiana State Legislature, 2005, includ24 ing— 


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1 (1) investigation and study of the maximum ef2 fective use of the water and sediment of the Mis3 sissippi and Atchafalaya Rivers for coastal restora4 tion purposes consistent with flood control and navi5 gation; 

6 (2) a schedule for the design and implementa7 tion of large-scale water and sediment reintroduction 

8 projects and an assessment of funding needs from 

9 any source; and 

10 (3) an investigation and assessment of alter11 ations in the operation of the Old River Control 

12 Structure, consistent with flood control and naviga13 tion purposes. 

14 (d) INCLUSIONS.—The comprehensive plan shall in15 clude a description of— 

16 (1) the framework of a long-term program inte17 grated with hurricane and storm damage reduction, 

18 flood damage reduction, and navigation activities 

19 that provide for the comprehensive protection, con20 servation, and restoration of the wetlands, estuaries 

21 (including the Barataria-Terrebonne estuary), bar22 rier islands, shorelines, and related land and fea23 tures of the coastal Louisiana ecosystem, including 

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1 structure from the effects of a coastal storm, a hur2 ricane, erosion, or subsidence; 

3 (2) the means by which a new technology, or an 

4 improved technique, can be integrated into the pro5 gram referred to in paragraph (1); 

6 (3) the role of other Federal and State agencies 

7 and programs in carrying out such program; 

8 (4) specific, measurable ecological success cri9 teria by which success of the plan will be measured; 

10 and 

11 (5) proposed projects in order of priority as de12 termined by their respective potential to contribute 

13 to— 

14 (A) creation of coastal wetlands; and 

15 (B) flood protection of communities ranked 

16 by population density and level of protection. 

17 (e) CONSIDERATIONS.—In developing the comprehen18 sive plan, the Secretary shall consider the advisability of 

19 integrating into the program referred to in subsection 

20 (d)(1)— 

21 (1) any related Federal or State project being 

22 carried out on the date on which the plan is devel23 oped; 

24 (2) any activity in the Plan; or 

25 (3) any other project or activity identified in— 


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1 (A) the Mississippi River and Tributaries 

2 program; 

3 (B) the Louisiana Coastal Wetlands Con4 servation Plan; 

5 (C) the Louisiana Coastal Zone Manage6 ment Plan; or 

7 (D) the plan of the State of Louisiana en8 titled ‘‘Coast 2050: Toward a Sustainable 

9 Coastal Louisiana’’. 

10 (f) REPORTS TO CONGRESS.— 

11 (1) INITIAL REPORT.—Not later than 1 year 

12 after the date of enactment of this Act, the Sec13 retary shall submit to Congress a report containing 

14 the comprehensive plan. 

15 (2) UPDATES.—Not later that 5 years after the 

16 date of submission of a report under paragraph (1), 

17 and at least once every 5 years thereafter until im18 plementation of the comprehensive plan is complete, 

19 the Secretary shall submit to Congress a report con20 taining an update of the plan and an assessment of 

21 the progress made in implementing the plan. 

22 SEC. 7003. LOUISIANA COASTAL AREA. 

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

24 program for ecosystem restoration, Louisiana Coastal 


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1 Area, Louisiana, substantially in accordance with the re2 port of the Chief of Engineers, dated January 31, 2005. 

3 (b) PRIORITIES.— 

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

5 under subsection (a), the Secretary shall give pri6 ority to— 

7 (A) any portion of the program identified 

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

9 critical restoration feature; 

10 (B) any Mississippi River diversion project 

11 that— 

12 (i) will protect a major population 

13 area of the Pontchartain, Pearl, Breton 

14 Sound, Barataria, or Terrebonne basins; 

15 and 

16 (ii) will produce an environmental 

17 benefit to the coastal Louisiana ecosystem; 

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

19 project that— 

20 (i) will be carried out in conjunction 

21 with a Mississippi River diversion project; 

22 and 

23 (ii) will protect a major population 

24 area; 


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1 (D) any project that will reduce storm 

2 surge and prevent or reduce the risk of loss of 

3 human life and the risk to public safety; and 

4 (E) a project to physically modify the Mis5 sissippi River-Gulf outlet and to restore the 

6 areas affected by the Mississippi River-Gulf 

7 outlet in accordance with the comprehensive 

8 plan to be developed under section 7002(a), 

9 subject to the conditions and recommendations 

10 in a final report of the Chief of Engineers. 

11 SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

12 AND RESTORATION TASK FORCE. 

13 (a) ESTABLISHMENT.—There is established a task 

14 force to be known as the Coastal Louisiana Ecosystem 

15 Protection and Restoration Task Force (in this section re16 ferred to as the ‘‘Task Force’’). 

17 (b) MEMBERSHIP.—The Task Force shall consist of 

18 the following members (or, in the case of the head of a 

19 Federal agency, a designee at the level of Assistant Sec20 retary or an equivalent level): 

21 (1) The Secretary. 

22 (2) The Secretary of the Interior. 

23 (3) The Secretary of Commerce. 

24 (4) The Administrator of the Environmental 

25 Protection Agency. 


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1 (5) The Secretary of Agriculture. 

2 (6) The Secretary of Transportation. 

3 (7) The Secretary of Energy. 

4 (8) The Director of the Federal Emergency 

5 Management Agency. 

6 (9) The Commandant of the Coast Guard. 

7 (10) The Coastal Advisor to the Governor. 

8 (11) The Secretary of the Louisiana Depart9 ment of Natural Resources. 

10 (12) A representative of the Governor’s Advi11 sory Commission on Coastal Restoration and Con12 servation. 

13 (c) DUTIES.—The Task Force shall make rec14 ommendations to the Secretary regarding— 

15 (1) policies, strategies, plans, programs, 

16 projects, and activities for addressing conservation, 

17 protection, restoration, and maintenance of the 

18 coastal Louisiana ecosystem; 

19 (2) financial participation by each agency rep20 resented on the Task Force in conserving, pro21 tecting, restoring, and maintaining the coastal Lou22 isiana ecosystem, including recommendations— 

23 (A) that identify funds from current agen24 cy missions and budgets; and 


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1 (B) for coordinating individual agency 

2 budget requests; and 

3 (3) the comprehensive plan to be developed 

4 under section 7002(a). 

5 (d) REPORT.—The Task Force shall submit to Con6 gress a biennial report that summarizes the activities of 

7 the Task Force. 

8 (e) WORKING GROUPS.— 

9 (1) GENERAL AUTHORITY.—The Task Force 

10 may establish such working groups as the Task 

11 Force determines to be necessary to assist the Task 

12 Force in carrying out this section. 

13 (2) HURRICANES KATRINA AND RITA.— 

14 (A) IN GENERAL.—The Task Force may 

15 establish a working group for the purpose of 

16 advising the Task Force of opportunities to in17 tegrate the planning, engineering, design, im18 plementation, and performance of Corps of En19 gineers projects for hurricane and storm dam20 age reduction, flood damage reduction, eco21 system restoration, and navigation in those 

22 areas in Louisiana for which a major disaster 

23 has been declared by the President as a result 

24 of Hurricane Katrina or Rita. 


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1 (B) EXPERTISE; REPRESENTATION.—In 

2 establishing the working group under subpara3 graph (A), the Task Force shall ensure that the 

4 group— 

5 (i) has expertise in coastal estuaries, 

6 diversions, coastal restoration and wetlands 

7 protection, ecosystem restoration, hurri8 cane protection, storm damage reduction 

9 systems, navigation, and ports; and 

10 (ii) represents the State of Louisiana 

11 and local governments in south Louisiana. 

12 (f) COMPENSATION.—Members of the Task Force 

13 and members of a working group established by the Task 

14 Force may not receive compensation for their services as 

15 members of the Task Force or working group, as the case 

16 may be. 

17 (g) TRAVEL EXPENSES.—Travel expenses incurred 

18 by members of the Task Force and members of a working 

19 group established by the Task Force, in the performance 

20 of their service on the Task Force or working group, as 

21 the case may be, shall be paid by the agency or entity 

22 that the member represents. 

23 (h) NONAPPLICABILITY OF FACA.—The Federal Ad24 visory Committee Act (5 U.S.C. App.) shall not apply to 


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1 the Task Force or any working group established by the 

2 Task Force. 

3 SEC. 7005. PROJECT MODIFICATIONS. 

4 (a) REVIEW.—The Secretary, in cooperation with the 

5 non-Federal interest of the project involved, shall review 

6 each Federally-authorized water resources project in the 

7 coastal Louisiana ecosystem being carried out or com8 pleted as of the date of enactment of this Act to determine 

9 whether the project needs to be modified— 

10 (1) under the program authorized by section 

11 7003; or 

12 (2) to contribute to ecosystem restoration under 

13 section 7003. 

14 (b) MODIFICATIONS.—Subject to subsections (c) and 

15 (d), the Secretary may carry out the modifications de16 scribed in subsection (a). 

17 (c) PUBLIC NOTICE AND COMMENT.—Before com18 pleting the report required under subsection (d), the Sec19 retary shall provide an opportunity for public notice and 

20 comment. 

21 (d) REPORT.— 

22 (1) IN GENERAL.—Before modifying an oper23 ation or feature of a project under subsection (b), 

24 the Secretary shall submit to the Committee on 

25 Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Environment 

2 and Public Works of the Senate a report describing 

3 the modification. 

4 (2) INCLUSION.—A report describing a modi5 fication under paragraph (1) shall include such in6 formation relating to the timeline for and cost of the 

7 modification, as the Secretary determines to be rel8 evant. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000. 

12 SEC. 7006. CONSTRUCTION. 

13 (a) SCIENCE AND TECHNOLOGY.— 

14 (1) IN GENERAL.—The Secretary shall carry 

15 out a coastal Louisiana ecosystem program substan16 tially in accordance with the Plan, at a total cost of 

17 $100,000,000. 

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

19 under paragraph (1) shall be— 

20 (A) to identify any uncertainty relating to 

21 the physical, chemical, geological, biological, 

22 and cultural baseline conditions in coastal Lou23 isiana ecosystem; 

24 (B) to improve knowledge of the physical, 

25 chemical, geological, biological, and cultural 


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1 baseline conditions in coastal Louisiana eco2 system; and 

3 (C) to identify and develop technologies, 

4 models, and methods to carry out this sub5 section. 

6 (3) WORKING GROUPS.—The Secretary may es7 tablish such working groups as the Secretary deter8 mines to be necessary to assist the Secretary in car9 rying out this subsection. 

10 (4) CONTRACTS AND COOPERATIVE AGREE11 MENTS.—In carrying out this subsection, the Sec12 retary may enter into a contract or cooperative 

13 agreement with an individual or entity (including a 

14 consortium of academic institutions in Louisiana) 

15 with scientific or engineering expertise in the res16 toration of aquatic and marine ecosystems for coast17 al restoration and enhancement through science and 

18 technology. 

19 (b) DEMONSTRATION PROJECTS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 the Secretary may carry out demonstration projects 

22 substantially in accordance with the Plan and within 

23 the coastal Louisiana ecosystem for the purpose of 

24 resolving critical areas of scientific or technological 

25 uncertainty related to the implementation of the 


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1 comprehensive plan to be developed under section 

2 7002(a). 

3 (2) MAXIMUM COST.— 

4 (A) TOTAL COST.—The total cost for plan5 ning, design, and construction of all projects 

6 under this subsection shall not exceed 

7 $100,000,000. 

8 (B) INDIVIDUAL PROJECT.—The total cost 

9 of an individual project under this subsection 

10 shall not exceed $25,000,000. 

11 (c) INITIAL PROJECTS.— 

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

13 to carry out the following projects substantially in 

14 accordance with the Plan: 

15 (A) Mississippi River Gulf Outlet environ16 mental restoration at a total cost of 

17 $105,300,000. 

18 (B) Small diversion at Hope Canal at a 

19 total cost of $68,600,000. 

20 (C) Barataria basin barrier shoreline res21 toration at a total cost of $242,600,000. 

22 (D) Small Bayou Lafourche reintroduction 

23 at a total cost of $133,500,000. 


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1 (E) Medium diversion at Myrtle Grove 

2 with dedicated dredging at a total cost of 

3 $278,300,000. 

4 (2) MODIFICATIONS.— 

5 (A) IN GENERAL.—In carrying out each 

6 project under paragraph (1), the Secretary shall 

7 carry out such modifications as may be nec8 essary to the ecosystem restoration features 

9 identified in the Plan to address the impacts of 

10 Hurricanes Katrina and Rita on the areas of 

11 the project. 

12 (B) INTEGRATION.—The Secretary shall 

13 ensure that each modification under subpara14 graph (A) is taken into account in conducting 

15 the study of comprehensive hurricane protection 

16 authorized by title I of the Energy and Water 

17 Development Appropriations Act, 2006 (119 

18 Stat. 2247). 

19 (3) CONSTRUCTION REPORTS.—Before the Sec20 retary may begin construction of any project under 

21 this subsection, the Secretary shall submit a report 

22 documenting any modifications to the project, in23 cluding cost changes, to the Committee on Transpor24 tation and Infrastructure of the House of RepresentVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 atives and the Committee on Environment and Pub2 lic Works of the Senate. 

3 (4) APPLICABILITY OF OTHER PROVISIONS.— 

4 Notwithstanding section 902 of the Water Resources 

5 Development Act of 1986 (33 U.S.C. 2280), the cost 

6 of a project described in paragraph (1) and any 

7 modifications to the project shall not exceed 150 

8 percent of the cost of such project set forth in para9 graph (1). 

10 (d) BENEFICIAL USE OF DREDGED MATERIAL.—The 

11 Secretary, substantially in accordance with the Plan, shall 

12 implement in the coastal Louisiana ecosystem a program 

13 for the beneficial use of material dredged from federally 

14 maintained waterways at a total cost of $100,000,000. 

15 (e) ADDITIONAL PROJECTS.— 

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

17 to carry out a project for ecosystem restoration for 

18 the Chenier Plain, Louisiana, and the following 

19 projects referred to in the Plan if the Secretary de20 termines such projects are feasible: 

21 (A) Land Bridge between Caillou Lake and 

22 the Gulf of Mexico at a total cost of 

23 $56,300,000. 

24 (B) Gulf Shoreline at Point Au Fer Island 

25 at a total cost of $43,400,000. 


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1 (C) Modification of Caernarvon Diversion 

2 at a total cost of $20,700,000. 

3 (D) Modification of Davis Pond Diversion 

4 at a total cost of $64,200,000. 

5 (2) REPORTS.—Not later than December 31, 

6 2009, the Secretary shall submit feasibility reports 

7 on the projects described in paragraph (1) to the 

8 Committee on Transportation and Infrastructure of 

9 the House of Representatives and the Committee on 

10 Environment and Public Works of the Senate. 

11 (3) CONSTRUCTION.—No appropriations shall 

12 be made to construct any project under this sub13 section if the report under paragraph (2) has not 

14 been approved by resolutions adopted by the Com15 mittee on Transportation and Infrastructure of the 

16 House of Representatives and the Committee on En17 vironment and Public Works of the Senate. 

18 SEC. 7007. NON-FEDERAL COST SHARE. 

19 (a) CREDIT.—The Secretary shall credit toward the 

20 non-Federal share of the cost of a study or project under 

21 this title the cost of work carried out in the coastal Lou22 isiana ecosystem by the non-Federal interest before the 

23 date of the execution of the partnership agreement for the 

24 study or project if the Secretary determines that the work 

25 is integral to the study or project. 


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1 (b) SOURCES OF FUNDS.—The non-Federal interest 

2 may use, and the Secretary shall accept, funds provided 

3 under any other Federal program to satisfy, in whole or 

4 in part, the non-Federal share of the construction of any 

5 project carried out under this section if such funds are 

6 authorized to be used to carry out such project. 

7 (c) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

8 Any credit provided under this section toward the non9 Federal share of the cost of a study or project under this 

10 title may be applied toward the non-Federal share of the 

11 cost of any other study or project under this title. 

12 (d) PERIODIC MONITORING.— 

13 (1) IN GENERAL.—To ensure that the contribu14 tions of the non-Federal interest equal the non-Fed15 eral share of the cost of a study or project under 

16 this title during each 5-year period beginning after 

17 the date of commencement of the first study or 

18 project under this title, the Secretary shall— 

19 (A) monitor for each study or project 

20 under this title the non-Federal provision of 

21 cash, in-kind services and materials, and land, 

22 easements, rights-of-way, relocations, and dis23 posal areas; and 

24 (B) manage the requirement of the non25 Federal interest to provide for each such study 


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1 or project cash, in-kind services and materials, 

2 and land, easements, rights-of-way, relocations, 

3 and disposal areas. 

4 (2) OTHER MONITORING.—The Secretary shall 

5 conduct monitoring separately for the study phase, 

6 construction phase, preconstruction engineering and 

7 design phase, and planning phase for each project 

8 authorized on or after date of enactment of this Act 

9 for all or any portion of the coastal Louisiana eco10 system. 

11 (e) AUDITS.—Credit for land, easements, rights-of12 way, relocations, and disposal areas (including land value 

13 and incidental costs) provided under this section, and the 

14 cost of work provided under this section, shall be subject 

15 to audit by the Secretary. 

16 SEC. 7008. PROJECT JUSTIFICATION. 

17 (a) IN GENERAL.—Notwithstanding section 209 of 

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

19 other provision of law, in carrying out any project or activ20 ity under this title or any other provision of law to protect, 

21 conserve, and restore the coastal Louisiana ecosystem, the 

22 Secretary may determine that— 

23 (1) the project or activity is justified by the en24 vironmental benefits derived by the coastal Lou25 isiana ecosystem; and 


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1 (2) no further economic justification for the 

2 project or activity is required if the Secretary deter3 mines that the project or activity is cost effective. 

4 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

5 shall not apply to any separable element of a project in6 tended to produce benefits that are predominantly unre7 lated to the protection, preservation, and restoration of the 

8 coastal Louisiana ecosystem. 

9 SEC. 7009. INDEPENDENT REVIEW. 

10 The Secretary shall establish the Louisiana Water 

11 Resources Council which shall serve as the exclusive peer 

12 review panel for projects under this title as required by 

13 section 2037 of this Act. 

14 SEC. 7010. EXPEDITED REPORTS. 

15 The Secretary shall expedite completion of the re16 ports for the following projects and, if the Secretary deter17 mines that a project is justified in the completed report, 

18 proceed directly to project preconstruction engineering 

19 and design: 

20 (1) The projects identified in the study of com21 prehensive hurricane protection authorized by title I 

22 of the Energy and Water Development Appropria23 tions Act, 2006 (119 Stat. 2447). 

24 (2) A project for ecosystem restoration for the 

25 Chenier Plain, Louisiana. 


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1 (3) The project for Multipurpose Operation of 

2 Houma Navigation Lock. 

3 (4) The project for Terrebonne Basin Barrier 

4 Shoreline Restoration. 

5 (5) The project for Small Diversion at Convent/ 

6 Blind River. 

7 (6) The project for Amite River Diversion 

8 Canal Modification. 

9 (7) The project for Medium Diversion at 

10 White’s Ditch. 

11 (8) The project to convey Atchafalaya River 

12 Water to Northern Terrebonne Marshes. 

13 SEC. 7011. REPORTING. 

14 (a) IN GENERAL.—Not later than 6 years after the 

15 date of enactment of this Act, the Secretary shall submit 

16 to the Committee on Transportation and Infrastructure 

17 of the House of Representatives and the Committee on 

18 Environment and Public Works of the Senate a report in19 cluding a description of— 

20 (1) the projects authorized and undertaken 

21 under this title; 

22 (2) the construction status of the projects; 

23 (3) the cost to date and the expected final cost 

24 of each project undertaken under this title; and 


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1 (4) the benefits and environmental impacts of 

2 the projects. 

3 (b) EXTERNAL REVIEW.—The Secretary shall enter 

4 into a contract with the National Academy of Sciences 

5 under which the National Academy of Sciences shall per6 form and submit to the Committee on Transportation and 

7 Infrastructure of the House of Representatives and the 

8 Committee on Environment and Public Works of the Sen9 ate an external review of the demonstration program au10 thorized by subsection 7006(b). 

11 SEC. 7012. NEW ORLEANS AND VICINITY. 

12 (a) IN GENERAL.—The Secretary is authorized to— 

13 (1) raise levee heights where necessary and oth14 erwise enhance the Lake Pontchartrain and Vicinity 

15 Project and the West Bank and Vicinity Project to 

16 provide the levels of protection necessary to achieve 

17 the certification required for participation in the na18 tional flood insurance program under the National 

19 Flood Insurance Act of 1965 (42 U.S.C. 2001 et 

20 seq.); 

21 (2) modify the 17th Street, Orleans Avenue, 

22 and London Avenue drainage canals and install 

23 pumps and closure structures at or near the lake24 front at Lake Pontchartrain; 


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1 (3) armor critical elements of the New Orleans 

2 hurricane and storm damage reduction system; 

3 (4) modify the Inner Harbor Navigation Canal 

4 to increase the reliability of the flood protection sys5 tem for the city of New Orleans; 

6 (5) replace or modify certain non-Federal levees 

7 in Plaquemines Parish to incorporate the levees into 

8 the New Orleans to Venice Hurricane Protection 

9 Project; 

10 (6) reinforce or replace flood walls in the exist11 ing Lake Pontchartrain and Vicinity Project and the 

12 existing West Bank and Vicinity Project to improve 

13 performance of the flood and storm damage reduc14 tion systems; 

15 (7) perform one time stormproofing of interior 

16 pump stations to ensure the operability of the sta17 tions during hurricanes, storms, and high water 

18 events; 

19 (8) repair, replace, modify and improve non20 Federal levees and associated protection measures in 

21 Terrebonne Parish; and 

22 (9) reduce the risk of storm damage to the 

23 greater New Orleans metropolitan area by restoring 

24 the surrounding wetlands through measures to begin 

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1 tion, oil and gas, and other channels and through 

2 modification of the Caernarvon Freshwater Diver3 sion structure or its operations. 

4 (b) FUNDING AUTHORITY.—Activities authorized by 

5 subsection (a) and section 7013 shall be carried out in 

6 a manner that is consistent with the cost-sharing require7 ments specified in the Emergency Supplemental Appro8 priations Act for Defense, the Global War on Terror, and 

9 Hurricane Recovery, 2006 (Public Law 109–234). 

10 (c) CONDITIONS.—The Secretary shall notify the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Environ13 ment and Public Works of the Senate if estimates for the 

14 expenditure of funds on any single project or activity iden15 tified in subsection (a) exceeds the amount specified for 

16 that project or activity in the Emergency Supplemental 

17 Appropriations Act for Defense, the Global War on Ter18 ror, and Hurricane Recovery, 2006 (Public Law 109– 

19 234). No appropriation in excess of 25 percent above the 

20 amount specified for a project or activity in such Act shall 

21 be made until an increase in the level of expenditure has 

22 been approved by resolutions adopted by the Committee 

23 on Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Environment and 

25 Public Works of the Senate. 


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1 SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. 

2 (a) IN GENERAL.—The project for navigation, Mis3 sissippi River-Gulf outlet, authorized by the Act entitled 

4 ‘‘An Act to authorize construction of the Mississippi 

5 River-Gulf outlet’’, approved March 29, 1956 (70 Stat. 

6 65), as modified by section 844 of the Water Resources 

7 Development Act of 1986 (100 Stat. 4177), is not author8 ized. 

9 (b) PLAN FOR CLOSURE AND RESTORATION.—The 

10 Secretary shall carry out a study and implement a project 

11 to physically modify the Mississippi River-Gulf outlet and 

12 to restore the areas affected by the Mississippi River-Gulf 

13 outlet in accordance with the plan to be developed under 

14 section 7002(a), subject to the conditions and rec15 ommendations in a final report of the Chief of Engineers 

16 if a favorable report of the Chief is completed not later 

17 than 180 days after the date of enactment of this Act. 

18 The plan shall incorporate the recommendations of the In19 terim Mississippi River Gulf Outlet Deep-Draft De-Au20 thorization Report submitted to Congress in December 

21 2006. 

22 (c) REPORT TO CONGRESS.—Not later than 180 days 

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

24 submit to the Committee on Transportation and Infra25 structure of the House of Representatives and the ComVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 mittee on Environment and Public Works of the Senate 

2 a report on the project described in subsection (b). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $5,000,000 for the costs of 

5 carrying out the study and developing the report of the 

6 Chief of Engineers required by subsection (b). Such costs 

7 shall be a Federal expense. 

8 TITLE VIII—UPPER MISSISSIPPI 

9 RIVER AND ILLINOIS WATER10 WAY SYSTEM 

11 SEC. 8001. DEFINITIONS. 

12 In this title, the following definitions apply: 

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

14 for navigation and ecosystem improvements for the 

15 Upper Mississippi River and Illinois Waterway Sys16 tem: Report of the Chief of Engineers, dated Decem17 ber 15, 2004. 

18 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

19 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

20 River and Illinois Waterway System’’ means the 

21 projects for navigation and ecosystem restoration au22 thorized by Congress for— 

23 (A) the segment of the Mississippi River 

24 from the confluence with the Ohio River, River 

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


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1 Minneapolis-St. Paul, Minnesota, River Mile 

2 854.0; and 

3 (B) the Illinois Waterway from its con4 fluence with the Mississippi River at Grafton, 

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

6 Chicago, Illinois, River Mile 327.0. 

7 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA8 TION. 

9 Except as modified by this title, the Secretary shall 

10 undertake navigation improvements and restoration of the 

11 ecosystem for the Upper Mississippi River and Illinois 

12 Water System substantially in accordance with the Plan 

13 and subject to the conditions described therein. 

14 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA15 TION IMPROVEMENTS. 

16 (a) SMALL SCALE AND NONSTRUCTURAL MEAS17 URES.— 

18 (1) IN GENERAL.—The Secretary shall— 

19 (A) construct mooring facilities at Locks 

20 12, 14, 18, 20, 22, 24, and LaGrange Lock or 

21 other alternative locations that are economically 

22 and environmentally feasible; 

23 (B) provide switchboats at Locks 20 

24 through 25; and 


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1 (C) conduct development and testing of an 

2 appointment scheduling system. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 The total cost of projects authorized under this sub5 section shall be $235,000,000. Such costs are to be 

6 paid 1/2 from amounts appropriated from the gen7 eral fund of the Treasury and 1/2 from amounts ap8 propriated from the Inland Waterways Trust Fund. 

9 Such sums shall remain available until expended. 

10 (b) NEW LOCKS.— 

11 (1) IN GENERAL.—The Secretary shall con12 struct new 1,200-foot locks at Locks 20, 21, 22, 24, 

13 and 25 on the Upper Mississippi River and at La14 Grange Lock and Peoria Lock on the Illinois Water15 way. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.— 

17 The total cost of projects authorized under this sub18 section shall be $1,795,000,000. Such costs are to 

19 be paid 1/2 from amounts appropriated from the 

20 general fund of the Treasury and 1/2 from amounts 

21 appropriated from the Inland Waterways Trust 

22 Fund. Such sums shall remain available until ex23 pended. 

24 (c) CONCURRENCE.—The mitigation required for the 

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1 ing any acquisition of lands or interests in lands, shall be 

2 undertaken or acquired concurrently with lands and inter3 ests in lands for the projects authorized under subsections 

4 (a) and (b), and physical construction required for the 

5 purposes of mitigation shall be undertaken concurrently 

6 with the physical construction of such projects. 

7 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

8 (a) OPERATION.—To ensure the environmental sus9 tainability of the existing Upper Mississippi River and Illi10 nois Waterway System, the Secretary shall modify, con11 sistent with requirements to avoid adverse effects on navi12 gation, the operation of the Upper Mississippi River and 

13 Illinois Waterway System to address the cumulative envi14 ronmental impacts of operation of the system and improve 

15 the ecological integrity of the Upper Mississippi River and 

16 Illinois River. 

17 (b) ECOSYSTEM RESTORATION PROJECTS.— 

18 (1) IN GENERAL.—The Secretary shall carry 

19 out, consistent with requirements to avoid adverse 

20 effects on navigation, ecosystem restoration projects 

21 to attain and maintain the sustainability of the eco22 system of the Upper Mississippi River and Illinois 

23 River in accordance with the general framework out24 lined in the Plan. 


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1 (2) PROJECTS INCLUDED.—Ecosystem restora2 tion projects may include— 

3 (A) island building; 

4 (B) construction of fish passages; 

5 (C) floodplain restoration; 

6 (D) water level management (including 

7 water drawdown); 

8 (E) backwater restoration; 

9 (F) side channel restoration; 

10 (G) wing dam and dike restoration and 

11 modification; 

12 (H) island and shoreline protection; 

13 (I) topographical diversity; 

14 (J) dam point control; 

15 (K) use of dredged material for environ16 mental purposes; 

17 (L) tributary confluence restoration; 

18 (M) spillway, dam, and levee modification 

19 to benefit the environment; and 

20 (N) land and easement acquisition. 

21 (3) COST SHARING.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraphs (B) and (C), the Federal share 

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1 toration project under this subsection shall be 

2 65 percent. 

3 (B) EXCEPTION FOR CERTAIN RESTORA4 TION PROJECTS.—In the case of a project 

5 under this section for ecosystem restoration, the 

6 Federal share of the cost of carrying out the 

7 project shall be 100 percent if the project— 

8 (i) is located below the ordinary high 

9 water mark or in a connected backwater; 

10 (ii) modifies the operation of struc11 tures for navigation; or 

12 (iii) is located on federally owned 

13 land. 

14 (C) SAVINGS CLAUSE.—Nothing in this 

15 subsection affects the applicability of section 

16 906(e) of the Water Resources Development 

17 Act of 1986 (33 U.S.C. 2283(e)). 

18 (D) NONGOVERNMENTAL ORGANIZA19 TIONS.—Notwithstanding section 221 of the 

20 Flood Control Act of 1970 (42 U.S.C. 1962d– 

21 5b), for any project carried out under this title, 

22 a non-Federal sponsor may include a nonprofit 

23 entity, with the consent of the affected local 

24 government. 


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1 (4) LAND ACQUISITION.—The Secretary may 

2 acquire land or an interest in land for an ecosystem 

3 restoration project from a willing seller through con4 veyance of— 

5 (A) fee title to the land; or 

6 (B) a flood plain conservation easement. 

7 (c) MONITORING.—The Secretary shall carry out a 

8 long term resource monitoring, computerized data inven9 tory and analysis, and applied research program for the 

10 Upper Mississippi River and Illinois River to determine 

11 trends in ecosystem health, to understand systemic 

12 changes, and to help identify restoration needs. The pro13 gram shall build upon the monitoring program established 

14 under section 1103(e)(1)(A)(ii) of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)). 

16 (d) ECOSYSTEM RESTORATION PRECONSTRUCTION

17 ENGINEERING AND DESIGN.— 

18 (1) RESTORATION DESIGN.—Before initiating 

19 the construction of any individual ecosystem restora20 tion project, the Secretary shall— 

21 (A) establish ecosystem restoration goals 

22 and identify specific performance measures de23 signed to demonstrate ecosystem restoration; 

24 (B) establish the without-project condition 

25 or baseline for each performance indicator; and 


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1 (C) for each separable element of the eco2 system restoration, identify specific target goals 

3 for each performance indicator. 

4 (2) OUTCOMES.—Performance measures identi5 fied under paragraph (1)(A) shall include specific 

6 measurable environmental outcomes, such as 

7 changes in water quality, hydrology, or the well8 being of indicator species the population and dis9 tribution of which are representative of the abun10 dance and diversity of ecosystem-dependent aquatic 

11 and terrestrial species. 

12 (3) RESTORATION DESIGN.—Restoration design 

13 carried out as part of ecosystem restoration shall in14 clude a monitoring plan for the performance meas15 ures identified under paragraph (1)(A), including— 

16 (A) a timeline to achieve the identified tar17 get goals; and 

18 (B) a timeline for the demonstration of 

19 project completion. 

20 (e) CONSULTATION AND FUNDING AGREEMENTS.— 

21 (1) IN GENERAL.—In carrying out the environ22 mental sustainability, ecosystem restoration, and 

23 monitoring activities authorized in this section, the 

24 Secretary shall consult with the Secretary of the InVerDate Aug 31 2005 02:05 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.IH H1495

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1 terior and the States of Illinois, Iowa, Minnesota, 

2 Missouri, and Wisconsin. 

3 (2) FUNDING AGREEMENTS.—The Secretary is 

4 authorized to enter into agreements with the Sec5 retary of the Interior, the Upper Mississippi River 

6 Basin Association, and natural resource and con7 servation agencies of the States of Illinois, Iowa, 

8 Minnesota, Missouri, and Wisconsin to provide for 

9 the direct participation of and transfer of funds to 

10 such entities for the planning, implementation, and 

11 evaluation of projects and programs established by 

12 this section. 

13 (f) SPECIFIC PROJECTS AUTHORIZATION.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to carry out this subsection 

16 $1,580,000,000, of which not more than 

17 $226,000,000 shall be available for projects de18 scribed in subsection (b)(2)(B) and not more than 

19 $43,000,000 shall be available for projects described 

20 in subsection (b)(2)(J). Such sums shall remain 

21 available until expended. 

22 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

23 amounts made available under paragraph (1), not 

24 more than $35,000,000 in any fiscal year may be 

25 used for land acquisition under subsection (b)(4). 


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1 (3) INDIVIDUAL PROJECT LIMIT.—Other than 

2 for projects described in subparagraphs (B) and (J) 

3 of subsection (b)(2), the total cost of any single 

4 project carried out under this subsection shall not 

5 exceed $25,000,000. 

6 (4) MONITORING.—In addition to amounts au7 thorized under paragraph (1), there are authorized 

8 $10,420,000 per fiscal year to carry out the moni9 toring program under subsection (c) if such sums 

10 are not appropriated pursuant to section 1103(e)(4) 

11 the Water Resources Development Act of 1986 (33 

12 U.S.C. 652(e)(4)). 

13 (g) IMPLEMENTATION REPORTS.— 

14 (1) IN GENERAL.—Not later than June 30, 

15 2008, and every 4 years thereafter, the Secretary 

16 shall submit to the Committee on Environment and 

17 Public Works of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives an implementation report that— 

20 (A) includes baselines, milestones, goals, 

21 and priorities for ecosystem restoration 

22 projects; and 

23 (B) measures the progress in meeting the 

24 goals. 

25 (2) ADVISORY PANEL.— 


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1 (A) IN GENERAL.—The Secretary shall ap2 point and convene an advisory panel to provide 

3 independent guidance in the development of 

4 each implementation report under paragraph 

5 (1). 

6 (B) PANEL MEMBERS.—Panel members 

7 shall include— 

8 (i) one representative of each of the 

9 State resource agencies (or a designee of 

10 the Governor of the State) from each of 

11 the States of Illinois, Iowa, Minnesota, 

12 Missouri, and Wisconsin; 

13 (ii) one representative of the Depart14 ment of Agriculture; 

15 (iii) one representative of the Depart16 ment of Transportation; 

17 (iv) one representative of the United 

18 States Geological Survey; 

19 (v) one representative of the United 

20 States Fish and Wildlife Service; 

21 (vi) one representative of the Environ22 mental Protection Agency; 

23 (vii) one representative of affected 

24 landowners; 


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1 (viii) two representatives of conserva2 tion and environmental advocacy groups; 

3 and 

4 (ix) two representatives of agriculture 

5 and industry advocacy groups. 

6 (C) CHAIRPERSON.—The Secretary shall 

7 serve as chairperson of the advisory panel. 

8 (D) APPLICATION OF FEDERAL ADVISORY

9 COMMITTEE ACT.—The Advisory Panel and any 

10 working group established by the Advisory 

11 Panel shall not be considered an advisory com12 mittee under the Federal Advisory Committee 

13 Act (5 U.S.C. App.). 

14 (h) RANKING SYSTEM.— 

15 (1) IN GENERAL.—The Secretary, in consulta16 tion with the Advisory Panel, shall develop a system 

17 to rank proposed projects. 

18 (2) PRIORITY.—The ranking system shall give 

19 greater weight to projects that restore natural river 

20 processes, including those projects listed in sub21 section (b)(2). 

22 SEC. 8005. COMPARABLE PROGRESS. 

23 (a) IN GENERAL.—As the Secretary conducts pre-en24 gineering, design, and construction for projects authorized 

25 under this title, the Secretary shall— 


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1 (1) select appropriate milestones; 

2 (2) determine, at the time of such selection, 

3 whether the projects are being carried out at com4 parable rates; and 

5 (3) make an annual report to Congress, begin6 ning in fiscal year 2008, regarding whether the 

7 projects are being carried out at a comparable rate. 

8 (b) NO COMPARABLE RATE.—If the Secretary or 

9 Congress determines under subsection (a)(2) that projects 

10 authorized under this title are not moving toward comple11 tion at a comparable rate, annual funding requests for the 

12 projects shall be adjusted to ensure that the projects move 

13 toward completion at a comparable rate in the future. 

Æ 


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