In the Senate of the United States,

May 16, 2007.

Resolved, That the bill from the House of Representatives (H.R. 1495) entitled ‘‘An Act to provide for the conservation and development of water and related resources, to

authorize the Secretary of the Army to construct various

projects for improvements to rivers and harbors of the United

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

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

5 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 1001. Project authorizations.

Sec. 1002. Enhanced navigation capacity improvements and ecosystem restoration plan for Upper Mississippi River and Illinois Waterway

System.

Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.
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HR 1495 EAS

Sec. 1004. Small projects for flood damage reduction.

Sec. 1005. Small projects for navigation.

Sec. 1006. Small projects for aquatic ecosystem restoration.

Sec. 1007. Small projects to prevent or mitigate damage caused by navigation

projects.

Sec. 1008. Small projects for aquatic plant control.

TITLE II—GENERAL PROVISIONS

Subtitle A—Provisions

Sec. 2001. Credit for in-kind contributions.

Sec. 2002. Interagency and international support authority.

Sec. 2003. Training funds.

Sec. 2004. Fiscal transparency report.

Sec. 2005. Planning.

Sec. 2006. Water Resources Planning Coordinating Committee.

Sec. 2007. Independent peer review.

Sec. 2008. Mitigation for fish and wildlife losses.

Sec. 2009. State technical assistance.

Sec. 2010. Access to water resource data.

Sec. 2011. Construction of flood control projects by non-Federal interests.

Sec. 2012. Regional sediment management.

Sec. 2013. National shoreline erosion control development program.

Sec. 2014. Shore protection projects.

Sec. 2015. Cost sharing for monitoring.

Sec. 2016. Ecosystem restoration benefits.

Sec. 2017. Funding to expedite the evaluation and processing of permits.

Sec. 2018. Electronic submission of permit applications.

Sec. 2019. Improvement of water management at Corps of Engineers reservoirs.

Sec. 2020. Federal hopper dredges.

Sec. 2021. Extraordinary rainfall events.

Sec. 2022. Wildfire firefighting.

Sec. 2023. Nonprofit organizations as sponsors.

Sec. 2024. Project administration.

Sec. 2025. Program administration.

Sec. 2026. Extension of shore protection projects.

Sec. 2027. Tribal partnership program.

Sec. 2028. Project deauthorization.

Subtitle B—Continuing Authorities Projects

Sec. 2031. Navigation enhancements for waterborne transportation.

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

streambanks.

Sec. 2033. Restoration of the environment for protection of aquatic and riparian

ecosystems program.

Sec. 2034. Environmental modification of projects for improvement and restoration of ecosystems program.

Sec. 2035. Projects to enhance estuaries and coastal habitats.

Sec. 2036. Remediation of abandoned mine sites.

Sec. 2037. Small projects for the rehabilitation and removal of dams.

Sec. 2038. Remote, maritime-dependent communities.

Sec. 2039. Agreements for water resource projects.

Sec. 2040. Program names.
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Subtitle C—National Levee Safety Program

Sec. 2051. Short title.

Sec. 2052. Definitions.

Sec. 2053. National Levee Safety Committee.

Sec. 2054. National Levee Safety Program.

Sec. 2055. Authorization of appropriations.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.

Sec. 3002. Sitka, Alaska.

Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.

Sec. 3004. Nogales Wash and tributaries flood control project, Arizona.

Sec. 3005. Rio de Flag, Flagstaff, Arizona.

Sec. 3006. Tucson drainage area (Tucson Arroyo), Arizona.

Sec. 3007. Augusta and Clarendon, Arkansas.

Sec. 3008. Eastern Arkansas Enterprise Community, Arkansas.

Sec. 3009. Red-Ouachita River Basin levees, Arkansas and Louisiana.

Sec. 3010. St. Francis Basin, Arkansas and Missouri.

Sec. 3011. St. Francis Basin land transfer, Arkansas and Missouri.

Sec. 3012. McClellan-Kerr Arkansas River Navigation System, Arkansas and

Oklahoma.

Sec. 3013. Cache Creek Basin, California.

Sec. 3014. CALFED levee stability program, California.

Sec. 3015. Hamilton Airfield, California.

Sec. 3016. LA–3 dredged material ocean disposal site designation, California.

Sec. 3017. Larkspur Ferry Channel, California.

Sec. 3018. Llagas Creek, California.

Sec. 3019. Magpie Creek, California.

Sec. 3020. Petaluma River, Petaluma, California.

Sec. 3021. Pine Flat Dam fish and wildlife habitat, California.

Sec. 3022. Redwood City Navigation Project, California.

Sec. 3023. Sacramento and American Rivers flood control, California.

Sec. 3024. Sacramento River bank protection project, California.

Sec. 3025. Conditional declaration of nonnavigability, Port of San Francisco,

California.

Sec. 3026. Salton Sea restoration, California.

Sec. 3027. Santa Barbara Streams, Lower Mission Creek, California.

Sec. 3028. Upper Guadalupe River, California.

Sec. 3029. Yuba River Basin project, California.

Sec. 3030. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut.

Sec. 3031. Anchorage area, New London Harbor, Connecticut.

Sec. 3032. Norwalk Harbor, Connecticut.

Sec. 3033. St. George’s Bridge, Delaware.

Sec. 3034. Additional program authority, comprehensive Everglades restoration,

Florida.

Sec. 3035. Brevard County, Florida.

Sec. 3036. Critical restoration projects, Everglades and south Florida ecosystem

restoration, Florida.

Sec. 3037. Lake Okeechobee and Hillsboro Aquifer pilot projects, comprehensive

Everglades restoration, Florida.

Sec. 3038. Lido Key, Sarasota County, Florida.

Sec. 3039. Port Sutton Channel, Tampa Harbor, Florida.

Sec. 3040. Tampa Harbor, Cut B, Tampa, Florida.
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Sec. 3041. Allatoona Lake, Georgia.

Sec. 3042. Dworshak Reservoir improvements, Idaho.

Sec. 3043. Little Wood River, Gooding, Idaho.

Sec. 3044. Port of Lewiston, Idaho.

Sec. 3045. Cache River Levee, Illinois.

Sec. 3046. Chicago, Illinois.

Sec. 3047. Chicago River, Illinois.

Sec. 3048. Illinois River Basin restoration.

Sec. 3049. Missouri and Illinois flood protection projects reconstruction pilot program.

Sec. 3050. Spunky Bottom, Illinois.

Sec. 3051. Strawn Cemetery, John Redmond Lake, Kansas.

Sec. 3052. Milford Lake, Milford, Kansas.

Sec. 3053. Ohio River Basin comprehensive plan.

Sec. 3054. Hickman Bluff stabilization, Kentucky.

Sec. 3055. McAlpine Lock and Dam, Kentucky and Indiana.

Sec. 3056. Public access, Atchafalaya Basin Floodway System, Louisiana.

Sec. 3057. Regional visitor center, Atchafalaya Basin Floodway System, Louisiana.

Sec. 3058. Calcasieu River and Pass, Louisiana.

Sec. 3059. East Baton Rouge Parish, Louisiana.

Sec. 3060. Mississippi River Gulf Outlet relocation assistance, Louisiana.

Sec. 3061. Red River (J. Bennett Johnston) Waterway, Louisiana.

Sec. 3062. Camp Ellis, Saco, Maine.

Sec. 3063. Rockland Harbor, Maine.

Sec. 3064. Rockport Harbor, Maine.

Sec. 3065. Saco River, Maine.

Sec. 3066. Union River, Maine.

Sec. 3067. Baltimore Harbor and Channels, Maryland and Virginia.

Sec. 3068. Chesapeake Bay environmental restoration and protection program,

Maryland, Pennsylvania, and Virginia.

Sec. 3069. Flood protection project, Cumberland, Maryland.

Sec. 3070. Aunt Lydia’s Cove, Massachusetts.

Sec. 3071. Fall River Harbor, Massachusetts and Rhode Island.

Sec. 3072. North River, Peabody, Massachusetts.

Sec. 3073. Ecorse Creek, Michigan.

Sec. 3074. St. Clair River and Lake St. Clair, Michigan.

Sec. 3075. Duluth Harbor, Minnesota.

Sec. 3076. Project for environmental enhancement, Mississippi and Louisiana estuarine areas, Mississippi and Louisiana.

Sec. 3077. Land exchange, Pike County, Missouri.

Sec. 3078. L–15 levee, Missouri.

Sec. 3079. Union Lake, Missouri.

Sec. 3080. Lower Yellowstone project, Montana.

Sec. 3081. Yellowstone River and tributaries, Montana and North Dakota.

Sec. 3082. Western Sarpy and Clear Creek, Nebraska.

Sec. 3083. Lower Truckee River, McCarran Ranch, Nevada.

Sec. 3084. Cooperative agreements, New Mexico.

Sec. 3085. Middle Rio Grande restoration, New Mexico.

Sec. 3086. Long Island Sound oyster restoration, New York and Connecticut.

Sec. 3087. Mamaroneck and Sheldrake Rivers watershed management, New York.

Sec. 3088. Orchard Beach, Bronx, New York.

Sec. 3089. New York Harbor, New York, New York.

Sec. 3090. New York State Canal System.
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Sec. 3091. Susquehanna River and Upper Delaware River watershed management, New York.

Sec. 3092. Missouri River restoration, North Dakota.

Sec. 3093. Ohio.

Sec. 3094. Lower Girard Lake Dam, Girard, Ohio.

Sec. 3095. Toussaint River Navigation Project, Carroll Township, Ohio.

Sec. 3096. Arcadia Lake, Oklahoma.

Sec. 3097. Lake Eufaula, Oklahoma.

Sec. 3098. Release of reversionary interest, Oklahoma.

Sec. 3099. Oklahoma lakes demonstration program, Oklahoma.

Sec. 3100. Ottawa County, Oklahoma.

Sec. 3101. Red River chloride control, Oklahoma and Texas.

Sec. 3102. Waurika Lake, Oklahoma.

Sec. 3103. Lookout Point project, Lowell, Oregon.

Sec. 3104. Upper Willamette River Watershed ecosystem restoration.

Sec. 3105. Upper Susquehanna River Basin, Pennsylvania and New York.

Sec. 3106. Narragansett Bay, Rhode Island.

Sec. 3107. South Carolina Department of Commerce development proposal at

Richard B. Russell Lake, South Carolina.

Sec. 3108. Missouri River restoration, South Dakota.

Sec. 3109. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 3110. Nonconnah Weir, Memphis, Tennessee.

Sec. 3111. Old Hickory Lock and Dam, Cumberland River, Tennessee.

Sec. 3112. Sandy Creek, Jackson County, Tennessee.

Sec. 3113. Cedar Bayou, Texas.

Sec. 3114. Denison, Texas.

Sec. 3115. Central City, Fort Worth, Texas.

Sec. 3116. Freeport Harbor, Texas.

Sec. 3117. Harris County, Texas.

Sec. 3118. Connecticut River restoration, Vermont.

Sec. 3119. Dam remediation, Vermont.

Sec. 3120. Lake Champlain Eurasian milfoil, water chestnut, and other nonnative plant control, Vermont.

Sec. 3121. Upper Connecticut River Basin wetland restoration, Vermont and New

Hampshire.

Sec. 3122. Upper Connecticut River Basin ecosystem restoration, Vermont and

New Hampshire.

Sec. 3123. Lake Champlain watershed, Vermont and New York.

Sec. 3124. Chesapeake Bay oyster restoration, Virginia and Maryland.

Sec. 3125. James River, Virginia.

Sec. 3126. Tangier Island Seawall, Virginia.

Sec. 3127. Erosion control, Puget Island, Wahkiakum County, Washington.

Sec. 3128. Lower granite pool, Washington.

Sec. 3129. McNary Lock and Dam, McNary National Wildlife Refuge, Washington and Idaho.

Sec. 3130. Snake River project, Washington and Idaho.

Sec. 3131. Whatcom Creek Waterway, Bellingham, Washington.

Sec. 3132. Lower Mud River, Milton, West Virginia.

Sec. 3133. McDowell County, West Virginia.

Sec. 3134. Green Bay Harbor project, Green Bay, Wisconsin.

Sec. 3135. Manitowoc Harbor, Wisconsin.

Sec. 3136. Oconto Harbor, Wisconsin.

Sec. 3137. Mississippi River headwaters reservoirs.

Sec. 3138. Lower Mississippi River Museum and Riverfront Interpretive Site.

Sec. 3139. Upper Mississippi River system environmental management program.
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Sec. 3140. Upper basin of Missouri River.

Sec. 3141. Great Lakes fishery and ecosystem restoration program.

Sec. 3142. Great Lakes remedial action plans and sediment remediation.

Sec. 3143. Great Lakes tributary models.

Sec. 3144. Upper Ohio River and tributaries navigation system new technology

pilot program.

Sec. 3145. Perry Creek, Iowa.

Sec. 3146. Rathbun Lake, Iowa.

Sec. 3147. Jackson County, Mississippi.

Sec. 3148. Sandbridge Beach, Virginia Beach, Virginia.

TITLE IV—STUDIES

Sec. 4001. Seward Breakwater, Alaska.

Sec. 4002. Nome Harbor improvements, Alaska.

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

Sec. 4004. Fruitvale Avenue Railroad Bridge, Alameda, California.

Sec. 4005. Los Angeles River revitalization study, California.

Sec. 4006. Nicholas Canyon, Los Angeles, California.

Sec. 4007. Oceanside, California, shoreline special study.

Sec. 4008. Comprehensive flood protection project, St. Helena, California.

Sec. 4009. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island,

California.

Sec. 4010. South San Francisco Bay shoreline study, California.

Sec. 4011. San Pablo Bay Watershed restoration, California.

Sec. 4012. Fountain Creek, North of Pueblo, Colorado.

Sec. 4013. Selenium study, Colorado.

Sec. 4014. Delaware inland bays and tributaries and Atlantic Coast, Delaware.

Sec. 4015. Herbert Hoover Dike supplemental major rehabilitation report, Florida.

Sec. 4016. Boise River, Idaho.

Sec. 4017. Promontory Point third-party review, Chicago shoreline, Chicago, Illinois.

Sec. 4018. Vidalia Port, Louisiana.

Sec. 4019. Lake Erie at Luna Pier, Michigan.

Sec. 4020. Wild Rice River, Minnesota.

Sec. 4021. Asian carp dispersal barrier demonstration project, Upper Mississippi

River.

Sec. 4022. Flood damage reduction, Ohio.

Sec. 4023. Middle Bass Island State Park, Middle Bass Island, Ohio.

Sec. 4024. Ohio River, Ohio.

Sec. 4025. Toledo Harbor dredged material placement, Toledo, Ohio.

Sec. 4026. Toledo Harbor, Maumee River, and Lake Channel Project, Toledo,

Ohio.

Sec. 4027. Woonsocket local protection project, Blackstone River Basin, Rhode Island.

Sec. 4028. Jasper County port facility study, South Carolina.

Sec. 4029. Johnson Creek, Arlington, Texas.

Sec. 4030. Ecosystem and hydropower generation dams, Vermont.

Sec. 4031. Eurasian milfoil.

Sec. 4032. Lake Champlain Canal study, Vermont and New York.

Sec. 4033. Baker Bay and Ilwaco Harbor, Washington.

Sec. 4034. Elliot Bay seawall rehabilitation study, Washington.

Sec. 4035. Johnsonville Dam, Johnsonville, Wisconsin.

Sec. 4036. Debris removal.
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Sec. 4037. Mohawk River, Oneida County, New York.

Sec. 4038. Walla Walla River Basin, Oregon and Washington.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 5001. Lakes program.

Sec. 5002. Estuary restoration.

Sec. 5003. Environmental infrastructure.

Sec. 5004. Alaska.

Sec. 5005. California.

Sec. 5006. Conveyance of Oakland Inner Harbor Tidal Canal property.

Sec. 5007. Stockton, California.

Sec. 5008. Rio Grande environmental management program, Colorado, New Mexico, and Texas.

Sec. 5009. Delmarva conservation corridor, Delaware and Maryland.

Sec. 5010. Susquehanna, Delaware, and Potomac River Basins, Delaware, Maryland, Pennsylvania, and Virginia.

Sec. 5011. Anacostia River, District of Columbia and Maryland.

Sec. 5012. Big Creek, Georgia, watershed management and restoration program.

Sec. 5013. Metropolitan North Georgia Water Planning District.

Sec. 5014. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming.

Sec. 5015. Chicago Sanitary and Ship Canal Dispersal Barriers project, Illinois.

Sec. 5016. Missouri River and tributaries, mitigation, recovery and restoration,

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

South Dakota, and Wyoming.

Sec. 5017. Southeast Louisiana region, Louisiana.

Sec. 5018. Mississippi.

Sec. 5019. St. Mary Project, Blackfeet Reservation, Montana.

Sec. 5020. Lower Platte River watershed restoration, Nebraska.

Sec. 5021. North Carolina.

Sec. 5022. Ohio River Basin environmental management.

Sec. 5023. Statewide comprehensive water planning, Oklahoma.

Sec. 5024. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial

wildlife habitat restoration, South Dakota.

Sec. 5025. Texas.

Sec. 5026. Connecticut River dams, Vermont.

Sec. 5027. Cost sharing provisions for the territories.

Sec. 5028. Inner Harbor Navigation Canal Lock project.

Sec. 5029. Great Lakes navigation.

TITLE VI—PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.

Sec. 6002. Goleta and Vicinity, California.

Sec. 6003. Bridgeport Harbor, Connecticut.

Sec. 6004. Inland Waterway from Delaware River to Chesapeake Bay, Part II,

installation of fender protection for bridges, Delaware and

Maryland.

Sec. 6005. Shingle Creek Basin, Florida.

Sec. 6006. Illinois Waterway, South Fork of the South Branch of the Chicago

River, Illinois.

Sec. 6007. Brevoort, Indiana.

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

Sec. 6009. Lake George, Hobart, Indiana.

Sec. 6010. Green Bay Levee and Drainage District No. 2, Iowa.
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Sec. 6011. Muscatine Harbor, Iowa.

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

Tennessee.

Sec. 6013. Eagle Creek Lake, Kentucky.

Sec. 6014. Hazard, Kentucky.

Sec. 6015. West Kentucky Tributaries, Kentucky.

Sec. 6016. Bayou Cocodrie and Tributaries, Louisiana.

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

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

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

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

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

Sec. 6022. Casco Bay, Portland, Maine.

Sec. 6023. Northeast Harbor, Maine.

Sec. 6024. Penobscot River, Bangor, Maine.

Sec. 6025. Saint John River Basin, Maine.

Sec. 6026. Tenants Harbor, Maine.

Sec. 6027. Falmouth Harbor, Massachusetts.

Sec. 6028. Island End River, Massachusetts.

Sec. 6029. Mystic River, Massachusetts.

Sec. 6030. Grand Haven Harbor, Michigan.

Sec. 6031. Greenville Harbor, Mississippi.

Sec. 6032. Platte River flood and related streambank erosion control, Nebraska.

Sec. 6033. Epping, New Hampshire.

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

City, New Jersey.

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

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

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

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

Sec. 6039. Cleveland Harbor 1958 Act, Ohio.

Sec. 6040. Cleveland Harbor 1960 Act, Ohio.

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

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

Sec. 6043. Tioga-Hammond Lakes, Pennsylvania.

Sec. 6044. Tamaqua, Pennsylvania.

Sec. 6045. Narragansett Town Beach, Narragansett, Rhode Island.

Sec. 6046. Quonset Point-Davisville, Rhode Island.

Sec. 6047. Arroyo Colorado, Texas.

Sec. 6048. Cypress Creek-Structural, Texas.

Sec. 6049. East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas.

Sec. 6050. Falfurrias, Texas.

Sec. 6051. Pecan Bayou Lake, Texas.

Sec. 6052. Lake of the Pines, Texas.

Sec. 6053. Tennessee Colony Lake, Texas.

Sec. 6054. City Waterway, Tacoma, Washington.

Sec. 6055. Kanawha River, Charleston, West Virginia.
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1 SEC. 2. DEFINITION OF SECRETARY.

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

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 1001. PROJECT AUTHORIZATIONS.

7 Except as otherwise provided in this section, the fol8 lowing projects for water resources development and con9 servation and other purposes are authorized to be carried

10 out by the Secretary substantially in accordance with the

11 plans, and subject to the conditions, described in the respec12 tive reports designated in this section:

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

14 navigation, Haines Harbor, Alaska: Report of the

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

16 total cost of $14,040,000, with an estimated Federal

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

18 of $2,808,000.

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

20 project for ecosystem restoration, Tanque Verde Creek,

21 Arizona: Report of the Chief of Engineers dated July

22 22, 2003, at a total cost of $5,906,000, with an esti23 mated Federal cost of $3,836,000 and an estimated

24 non-Federal cost of $2,070,000.

25 (3) SALT RIVER (VA SHLYAY AKIMEL), MARICOPA

26 COUNTY, ARIZONA.—
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HR 1495 EAS

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

2 restoration, Salt River (Va Shlyay Akimel), Ari3 zona: Report of the Chief of Engineers dated

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

5 with an estimated Federal cost of $105,200,000

6 and an estimated non-Federal cost of

7 $56,900,000.

8 (B) COORDINATION WITH FEDERAL REC9 LAMATION PROJECTS.—The Secretary, to the

10 maximum extent practicable, shall coordinate the

11 development and construction of the project de12 scribed in subparagraph (A) with each Federal

13 reclamation project located in the Salt River

14 Basin to address statutory requirements and the

15 operations of those projects.

16 (4) MAY BRANCH, FORT SMITH, ARKANSAS.—The

17 project for flood damage reduction, May Branch, Fort

18 Smith, Arkansas: Report of the Chief of Engineers

19 dated December 19, 2006, at a total cost of

20 $30,850,000, with an estimated Federal cost of

21 $15,010,000 and an estimated non-Federal cost of

22 $15,840,000.

23 (5) HAMILTON CITY, CALIFORNIA.—The project

24 for flood damage reduction and ecosystem restoration,

25 Hamilton City, California: Report of the Chief of En-
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HR 1495 EAS

1 gineers dated December 22, 2004, at a total cost of

2 $52,400,000, with an estimated Federal cost of

3 $34,100,000 and estimated non-Federal cost of

4 $18,300,000.

5 (6) IMPERIAL BEACH, CALIFORNIA.—The project

6 for storm damage reduction, Imperial Beach, Cali7 fornia: Report of the Chief of Engineers dated Decem8 ber 30, 2003, at a total cost of $13,700,000, with an

9 estimated Federal cost of $8,521,000 and an estimated

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

11 total cost of $42,500,000 for periodic beach nourish12 ment over the 50-year life of the project, with an esti13 mated Federal cost of $21,250,000 and an estimated

14 non-Federal cost of $21,250,000.

15 (7) MATILIJA DAM, VENTURA COUNTY, CALI16 FORNIA.—The project for ecosystem restoration,

17 Matilija Dam and Ventura River Watershed, Ventura

18 County, California: Report of the Chief of Engineers

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

20 $144,500,000, with an estimated Federal cost of

21 $89,700,000 and an estimated non-Federal cost of

22 $54,800,000.

23 (8) MIDDLE CREEK, LAKE COUNTY, CALI24 FORNIA.—The project for flood damage reduction and

25 ecosystem restoration, Middle Creek, Lake County,
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1 California: Report of the Chief of Engineers dated No2 vember 29, 2004, at a total cost of $45,200,000, with

3 an estimated Federal cost of $29,500,000 and an esti4 mated non-Federal cost of $15,700,000.

5 (9) NAPA RIVER SALT MARSH, CALIFORNIA.—

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

7 restoration, Napa River Salt Marsh, California:

8 Report of the Chief of Engineers dated December

9 22, 2004, at a total cost of $134,500,000, with an

10 estimated Federal cost of $87,500,000 and an es11 timated non-Federal cost of $47,000,000.

12 (B) ADMINISTRATION.—In carrying out the

13 project authorized by this paragraph, the Sec14 retary shall—

15 (i) construct a recycled water pipeline

16 extending from the Sonoma Valley County

17 Sanitation District Waste Water Treatment

18 Plant and the Napa Sanitation District

19 Waste Water Treatment Plant to the

20 project; and

21 (ii) restore or enhance Salt Ponds 1,

22 1A, 2, and 3.

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

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

2 at a total cost of $20,100,000, with an estimated Fed3 eral cost of $13,065,000 and an estimated non-Fed4 eral cost of $7,035,000.

5 (11) COMPREHENSIVE EVERGLADES RESTORA6 TION PLAN, CENTRAL AND SOUTHERN FLORIDA, SITE

7 1.—The project for ecosystem restoration, Comprehen8 sive Everglades restoration plan, central and southern

9 Florida, Site 1 impoundment project, Palm Beach

10 County, Florida: Report of the Chief of Engineers

11 dated December 19, 2006, at a total cost of

12 $80,840,000, with an estimated Federal cost of

13 $40,420,000 and an estimated non-Federal cost of

14 $40,420,000.

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

16 (A) IN GENERAL.—The Secretary may

17 carry out the project for ecosystem restoration,

18 water supply, flood control, and protection of

19 water quality, Indian River Lagoon, south Flor20 ida, at a total cost of $1,365,000,000, with an es21 timated first Federal cost of $682,500,000 and

22 an estimated first non-Federal cost of

23 $682,500,000, in accordance with section 601 of

24 the Water Resources Development Act of 2000

25 (114 Stat. 2680) and the recommendations of the
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1 report of the Chief of Engineers dated August 6,

2 2004.

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

4 enactment of this Act, the following projects are

5 not authorized:

6 (i) The uncompleted portions of the

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

8 of the Water Resources Development Act of

9 2000 (114 Stat. 2682), C–44 Basin Storage

10 Reservoir of the Comprehensive Everglades

11 Restoration Plan, at a total cost of

12 $147,800,000, with an estimated Federal

13 cost of $73,900,000 and an estimated non14 Federal cost of $73,900,000.

15 (ii) The uncompleted portions of the

16 project authorized by section 203 of the

17 Flood Control Act of 1968 (Public Law 90–

18 483; 82 Stat. 740), Martin County, Florida,

19 modifications to Central and South Florida

20 Project, as contained in Senate Document

21 101, 90th Congress, 2d Session, at a total

22 cost of $15,471,000, with an estimated Fed23 eral cost of $8,073,000 and an estimated

24 non-Federal cost of $7,398,000.
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1 (iii) The uncompleted portions of the

2 project authorized by section 203 of the

3 Flood Control Act of 1968 (Public Law 90–

4 483; 82 Stat. 740), East Coast

5 Backpumping, St. Lucie–Martin County,

6 Spillway Structure S–311 of the Central

7 and South Florida Project, as contained in

8 House Document 369, 90th Congress, 2d

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

10 an estimated Federal cost of $55,124,000

11 and an estimated non-Federal cost of

12 $21,994,000.

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

14 project for navigation, Miami Harbor, Miami, Flor15 ida: Report of the Chief of Engineers dated April 25,

16 2005, at a total cost of $125,270,000, with an esti17 mated Federal cost of $75,140,000 and an estimated

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

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

20 for ecosystem restoration, Picayune Strand, Florida:

21 Report of the Chief of Engineers dated September 15,

22 2005, at a total cost of $375,330,000 with an esti23 mated Federal cost of $187,665,000 and an estimated

24 non-Federal cost of $187,665,000.
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1 (15) EAST ST. LOUIS AND VICINITY, ILLINOIS.—

2 The project for ecosystem restoration and recreation,

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

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

5 total cost of $208,260,000, with an estimated Federal

6 cost of $134,910,000 and an estimated non-Federal

7 cost of $73,350,000.

8 (16) PEORIA RIVERFRONT, ILLINOIS.—The

9 project for ecosystem restoration, Peoria Riverfront,

10 Illinois: Report of the Chief of Engineers dated July

11 28, 2003, at a total cost of $18,220,000, with an esti12 mated Federal cost of $11,840,000 and an estimated

13 non-Federal cost of $6,380,000.

14 (17) WOOD RIVER LEVEE SYSTEM, ILLINOIS.—

15 The project for flood damage reduction, Wood River,

16 Illinois: Report of the Chief of Engineers dated July

17 18, 2006, at a total cost of $17,220,000, with an esti18 mated Federal cost of $11,193,000 and an estimated

19 non-Federal cost of $6,027,000.

20 (18) DES MOINES AND RACCOON RIVERS, DES

21 MOINES, IOWA.—The project for flood damage reduc22 tion, Des Moines and Raccoon Rivers, Des Moines,

23 Iowa: Report of the Chief of Engineers dated March

24 28, 2006, at a total cost of $10,780,000, with an esti-
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1 mated Federal cost of $6,967,000 and an estimated

2 non-Federal cost of $3,813,000.

3 (19) BAYOU SORREL LOCK, LOUISIANA.—The

4 project for navigation, Bayou Sorrel Lock, Louisiana:

5 Report of the Chief of Engineers dated January 3,

6 2005, at a total cost of $9,680,000. The costs of construction of the project are to be paid 1 7 ⁄2 from

8 amounts appropriated from the general fund of the

Treasury and 1 9 ⁄2 from amounts appropriated from

10 the Inland Waterways Trust Fund.

11 (20) MORGANZA TO THE GULF OF MEXICO, LOU12 ISIANA.—

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

14 and storm damage reduction, Morganza to the

15 Gulf of Mexico, Louisiana: Reports of the Chief

16 of Engineers dated August 23, 2002, and July

17 22, 2003, at a total cost of $886,700,000 with an

18 estimated Federal cost of $576,355,000 and an

19 estimated non-Federal cost of $310,345,000.

20 (B) OPERATION AND MAINTENANCE.—The

21 operation, maintenance, repair, rehabilitation,

22 and replacement of the Houma Navigation

23 Canal lock complex and the Gulf Intracoastal

24 Waterway floodgate features that provide for in25 land waterway transportation shall be a Federal
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1 responsibility, in accordance with section 102 of

2 the Water Resources Development Act of 1986

3 (33 U.S.C. 2212; Public Law 99–662).

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

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

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

7 a total cost of $131,250,000, with an estimated Fed8 eral cost of $105,315,000 and an estimated non-Fed9 eral cost of $25,935,000, except that the Secretary, in

10 consultation with Vermillion and Iberia Parishes,

11 Louisiana, is directed to use available dredged mate12 rial and rock placement on the south bank of the Gulf

13 Intracoastal Waterway and the west bank of the

14 Freshwater Bayou Channel to provide incidental

15 storm surge protection.

16 (22) POPLAR ISLAND EXPANSION, MARYLAND.—

17 The project for the beneficial use of dredged material

18 at Poplar Island, Maryland, authorized by section

19 537 of the Water Resources Development Act of 1996

20 (110 Stat. 3776), and modified by section 318 of the

21 Water Resources Development Act of 2000 (114 Stat.

22 2678), is further modified to authorize the Secretary

23 to construct the expansion of the project in accordance

24 with the Report of the Chief of Engineers dated March

25 31, 2006, at an additional total cost of $260,000,000,
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1 with an estimated Federal cost of $195,000,000 and

2 an estimated non-Federal cost of $65,000,000.

3 (23) SMITH ISLAND, MARYLAND.—The project for

4 ecosystem restoration, Smith Island, Maryland: Re5 port of the Chief of Engineers dated October 29, 2001,

6 at a total cost of $15,580,000, with an estimated Fed7 eral cost of $10,127,000 and an estimated non-Fed8 eral cost of $5,453,000.

9 (24) ROSEAU RIVER, ROSEAU, MINNESOTA.—The

10 project for flood damage reduction, Roseau River,

11 Roseau, Minnesota: Report of the Chief of Engineers

12 dated December 19, 2006, at a total cost of

13 $25,100,000, with an estimated Federal cost of

14 $13,820,000 and an estimated non-Federal cost of

15 $11,280,000.

16 (25) MISSISSIPPI COASTAL IMPROVEMENT

17 PROJECT, HANCOCK, HARRISON, AND JACKSON COUN18 TIES, MISSISSIPPI.—The project for hurricane and

19 storm damage reduction and ecosystem restoration,

20 Mississippi coastal improvement project, Hancock,

21 Harrison, and Jackson Counties, Mississippi: Report

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

23 a total cost of $107,690,000, with an estimated Fed24 eral cost of $70,000,000 and an estimated non-Fed25 eral cost of $37,690,000.
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1 (26) ARGENTINE, EAST BOTTOMS, FAIRFAX-JER2 SEY CREEK, AND NORTH KANSAS LEVEES UNITS, MIS3 SOURI RIVER AND TRIBUTARIES AT KANSAS CITIES,

4 MISSOURI AND KANSAS.—The project for flood damage

5 reduction, Argentine, East Bottoms, Fairfax-Jersey

6 Creek, and North Kansas Levees units, Missouri River

7 and tributaries at Kansas Cities, Missouri and Kan8 sas: Report of the Chief of Engineers dated December

9 19, 2006, at a total cost of $65,430,000, with an esti10 mated Federal cost of $42,530,000 and an estimated

11 non-Federal cost of $22,900,000.

12 (27) SWOPE PARK INDUSTRIAL AREA, MIS13 SOURI.—The project for flood damage reduction,

14 Swope Park Industrial Area, Missouri: Report of the

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

16 total cost of $16,980,000, with an estimated Federal

17 cost of $11,037,000 and an estimated non-Federal cost

18 of $5,943,000.

19 (28) GREAT EGG HARBOR INLET TO TOWNSENDS

20 INLET, NEW JERSEY.—The project for hurricane and

21 storm damage reduction, Great Egg Harbor Inlet to

22 Townsends Inlet, New Jersey: Report of the Chief of

23 Engineers dated October 24, 2006, at a total cost of

24 $54,360,000, with an estimated Federal cost of

25 $35,069,000 and an estimated non-Federal cost of
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1 $19,291,000, and at an estimated total cost of

2 $202,500,000 for periodic nourishment over the 50-

3 year life of the project, with an estimated Federal cost

4 of $101,250,000 and an estimated non-Federal cost of

5 $101,250,000.

6 (29) HUDSON-RARITAN ESTUARY, LIBERTY STATE

7 PARK, NEW JERSEY.—The project for environmental

8 restoration, Hudson Raritan Estuary, Liberty State

9 Park, New Jersey: Report of the Chief of Engineers

10 dated August 25, 2006, at a total cost of $34,100,000,

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

12 estimated non-Federal cost of $11,900,000.

13 (30) MANASQUAN TO BARNEGAT INLETS, NEW

14 JERSEY.—The project for hurricane and storm dam15 age reduction, Manasquan to Barnegat Inlets, New

16 Jersey: Report of the Chief of Engineers dated Decem17 ber 30, 2003, at a total cost of $71,900,000, with an

18 estimated Federal cost of $46,735,000 and an esti19 mated non-Federal cost of $25,165,000, and at an es20 timated total cost of $119,680,000 for periodic beach

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

22 an estimated Federal cost of $59,840,000 and an esti23 mated non-Federal cost of $59,840,000.

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

25 BEACH, NEW JERSEY.—The project for hurricane and
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HR 1495 EAS

1 storm damage reduction, Raritan Bay and Sandy

2 Hook Bay, Union Beach, New Jersey: Report of the

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

4 cost of $115,000,000, with an estimated Federal cost

5 of $74,800,000 and an estimated non-Federal cost of

6 $40,200,000, and at an estimated total cost of

7 $6,500,000 for periodic nourishment over the 50-year

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

9 $3,250,000 and an estimated non-Federal cost of

10 $3,250,000.

11 (32) SOUTH RIVER, NEW JERSEY.—The project

12 for hurricane and storm damage reduction and eco13 system restoration, South River, New Jersey: Report

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

15 total cost of $122,300,000, with an estimated Federal

16 cost of $79,500,000 and an estimated non-Federal cost

17 of $42,800,000.

18 (33) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

19 MEXICO.—The project for flood damage reduction,

20 Southwest Valley, Albuquerque, New Mexico: Report

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

22 a total cost of $24,840,000, with an estimated Federal

23 cost of $16,150,000 and an estimated non-Federal cost

24 of $8,690,000.
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HR 1495 EAS

1 (34) MONTAUK POINT, NEW YORK.—The project

2 for hurricane and storm damage reduction, Montauk

3 Point, New York: Report of the Chief of Engineers

4 dated March 31, 2006, at a total cost of $14,600,000,

5 with an estimated Federal cost of $7,300,000 and an

6 estimated non-Federal cost of $7,300,000.

7 (35) HOCKING RIVER BASIN, MONDAY CREEK,

8 OHIO.—

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

10 restoration, Hocking River Basin, Monday

11 Creek, Ohio: Report of the Chief of Engineers

12 dated August 24, 2006, at a total cost of

13 $20,980,000, with an estimated Federal cost of

14 $13,440,000 and an estimated non-Federal cost

15 of $7,540,000.

16 (B) WAYNE NATIONAL FOREST.—

17 (i) IN GENERAL.—The Secretary, in

18 cooperation with the Secretary of Agri19 culture, may construct other project features

20 on property that is located in the Wayne

21 National Forest, Ohio, owned by the United

22 States and managed by the Forest Service

23 as described in the report of the Corps of

24 Engineers entitled ‘‘Hocking River Basin,

25 Ohio, Monday Creek Sub-Basin Ecosystem
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HR 1495 EAS

1 Restoration Project Feasibility Report and

2 Environmental Assessment’’.

3 (ii) COST.—Each project feature car4 ried out on Federal land shall be designed,

5 constructed, operated, and maintained at

6 full Federal expense.

7 (iii) AUTHORIZATION OF APPROPRIA8 TIONS.—There is authorized to be appro9 priated to carry out this subparagraph

10 $1,270,000.

11 (36) BLOOMSBURG, PENNSYLVANIA.—The project

12 for flood damage reduction, Bloomsburg, Pennsyl13 vania: Report of the Chief of Engineers dated Janu14 ary 25, 2006, at a total cost of $44,500,000, with an

15 estimated Federal cost of $28,925,000 and an esti16 mated non-Federal cost of $15,575,000

17 (37) PAWLEYS ISLAND, SOUTH CAROLINA.—The

18 project for hurricane and storm damage reduction,

19 Pawleys Island, South Carolina: Report of the Chief

20 of Engineers dated December 19, 2006, at a total cost

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

22 $5,840,000 and an estimated non-Federal cost of

23 $3,140,000, and at an estimated total cost of

24 $21,200,000 for periodic nourishment over the 50-year

25 life of the project, with an estimated Federal cost of
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HR 1495 EAS

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

2 $10,600,000.

3 (38) CORPUS CHRISTI SHIP CHANNEL, CORPUS

4 CHRISTI, TEXAS.—

5 (A) IN GENERAL.—The project for naviga6 tion and ecosystem restoration, Corpus Christi

7 Ship Channel, Texas, Channel Improvement

8 Project: Report of the Chief of Engineers dated

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

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

11 and an estimated non-Federal cost of

12 $100,300,000.

13 (B) NAVIGATIONAL SERVITUDE.—In car14 rying out the project under subparagraph (A),

15 the Secretary shall enforce navigational servitude

16 in the Corpus Christi Ship Channel, including,

17 at the sole expense of the owner of the facility,

18 the removal or relocation of any facility obstruct19 ing the project.

20 (39) GULF INTRACOASTAL WATERWAY, BRAZOS

21 RIVER TO PORT O’CONNOR, MATAGORDA BAY RE22 ROUTE, TEXAS.—The project for navigation, Gulf In23 tracoastal Waterway, Brazos River to Port O’Connor,

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

25 of Engineers dated December 24, 2002, at a total cost
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HR 1495 EAS

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

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

the general fund of the Treasury and 1 3 ⁄2 from

4 amounts appropriated from the Inland Waterways

5 Trust Fund.

6 (40) GULF INTRACOASTAL WATERWAY, HIGH IS7 LAND TO BRAZOS RIVER, TEXAS.—The project for

8 navigation, Gulf Intracoastal Waterway, Sabine

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

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

11 $14,450,000. The costs of construction of the project

are to be paid 1 12 ⁄2 from amounts appropriated from

the general fund of the Treasury and 1 13 ⁄2 from

14 amounts appropriated from the Inland Waterways

15 Trust Fund.

16 (41) LOWER COLORADO RIVER BASIN PHASE I,

17 TEXAS.—The project for flood damage reduction and

18 ecosystem restoration, Lower Colorado River Basin

19 Phase I, Texas: Report of the Chief of Engineers dated

20 December 31, 2006, at a total cost of $110,730,000,

21 with an estimated Federal cost of $69,640,000 and an

22 estimated non-Federal cost of $41,090,000.

23 (42) CRANEY ISLAND EASTWARD EXPANSION,

24 VIRGINIA.—The project for navigation, Craney Island

25 Eastward Expansion, Virginia: Report of the Chief of
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HR 1495 EAS

1 Engineers dated October 24, 2006, at a total cost of

2 $712,103,000, with an estimated Federal cost of

3 $31,229,000 and an estimated non-Federal cost of

4 $680,874,000.

5 (43) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The

6 project for the Atlantic Intracoastal Waterway Bridge

7 Replacement, Deep Creek, Chesapeake, Virginia: Re8 port of the Chief of Engineers dated March 3, 2003,

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

10 (44) CHEHALIS RIVER, CENTRALIA, WASH11 INGTON.—The project for flood damage reduction,

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

13 of the Water Resources Development Act of 1986

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

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

16 cost of $123,770,000, with a Federal cost of

17 $74,740,000, and a non-Federal cost of

18 $49,030,000; and

19 (B) shall be carried out by the Secretary

20 substantially in accordance with the plans, and

21 subject to the conditions, recommended in the

22 final report of the Chief of Engineers dated Sep23 tember 27, 2004.
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1 SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVE2 MENTS AND ECOSYSTEM RESTORATION PLAN

3 FOR UPPER MISSISSIPPI RIVER AND ILLINOIS

4 WATERWAY SYSTEM.

5 (a) DEFINITIONS.—In this section:

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

7 for navigation and ecosystem improvements for the

8 Upper Mississippi River and Illinois Waterway Sys9 tem: Report of the Chief of Engineers dated December

10 15, 2004.

11 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA12 TERWAY SYSTEM.—The term ‘‘Upper Mississippi

13 River and Illinois Waterway System’’ means the

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

16 (A) the segment of the Mississippi River

17 from the confluence with the Ohio River, River

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

19 Minneapolis-St. Paul, Minnesota, River Mile

20 854.0; and

21 (B) the Illinois Waterway from its con22 fluence with the Mississippi River at Grafton, Il23 linois, River Mile 0.0, to T.J. O’Brien Lock in

24 Chicago, Illinois, River Mile 327.0.

25 (b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA26 TION IMPROVEMENTS.—
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HR 1495 EAS

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

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

4 general conformance with the Plan—

5 (i) construct mooring facilities at

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

7 Lock;

8 (ii) provide switchboats at Locks 20

9 through 25; and

10 (iii) conduct development and testing

11 of an appointment scheduling system.

12 (B) AUTHORIZATION OF APPROPRIA13 TIONS.—The total cost of the projects authorized

14 under this paragraph shall be $256,000,000. The

15 costs of construction of the projects shall be paid

1 16 ⁄2 from amounts appropriated from the general

fund of the Treasury and 1 17 ⁄2 from amounts ap18 propriated from the Inland Waterways Trust

19 Fund. Such sums shall remain available until

20 expended.

21 (2) NEW LOCKS.—

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

23 general conformance with the Plan, construct

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

25 25 on the Upper Mississippi River and at La-
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HR 1495 EAS

1 Grange Lock and Peoria Lock on the Illinois

2 Waterway.

3 (B) MITIGATION.—The Secretary shall con4 duct mitigation for the new locks and small scale

5 and nonstructural measures authorized under

6 paragraphs (1) and (2).

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

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

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

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

14 physical construction required for the purposes of

15 mitigation shall be undertaken concurrently with

16 the physical construction of such projects.

17 (D) AUTHORIZATION OF APPROPRIA18 TIONS.—The total cost of the projects authorized

19 under this paragraph shall be $1,948,000,000.

20 The costs of construction on the projects shall be

paid 1 21 ⁄2 from amounts appropriated from the

general fund of the Treasury and 1 22 ⁄2 from

23 amounts appropriated from the Inland Water24 ways Trust Fund. Such sums shall remain

25 available until expended.
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HR 1495 EAS

1 (c) ECOSYSTEM RESTORATION AUTHORIZATION.—

2 (1) OPERATION.—To ensure the environmental

3 sustainability of the existing Upper Mississippi River

4 and Illinois Waterway System, the Secretary shall

5 modify, consistent with requirements to avoid adverse

6 effects on navigation, the operation of the Upper Mis7 sissippi River and Illinois Waterway System to ad8 dress the cumulative environmental impacts of oper9 ation of the system and improve the ecological integ10 rity of the Upper Mississippi River and Illinois

11 River.

12 (2) ECOSYSTEM RESTORATION PROJECTS.—

13 (A) IN GENERAL.—The Secretary shall

14 carry out, consistent with requirements to avoid

15 adverse effects on navigation, ecosystem restora16 tion projects to attain and maintain the sustain17 ability of the ecosystem of the Upper Mississippi

18 River and Illinois River in accordance with the

19 general framework outlined in the Plan.

20 (B) PROJECTS INCLUDED.—Ecosystem res21 toration projects may include, but are not lim22 ited to—

23 (i) island building;

24 (ii) construction of fish passages;

25 (iii) floodplain restoration;
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HR 1495 EAS

1 (iv) water level management (includ2 ing water drawdown);

3 (v) backwater restoration;

4 (vi) side channel restoration;

5 (vii) wing dam and dike restoration

6 and modification;

7 (viii) island and shoreline protection;

8 (ix) topographical diversity;

9 (x) dam point control;

10 (xi) use of dredged material for envi11 ronmental purposes;

12 (xii) tributary confluence restoration;

13 (xiii) spillway, dam, and levee modi14 fication to benefit the environment;

15 (xiv) land easement authority; and

16 (xv) land acquisition.

17 (C) COST SHARING.—

18 (i) IN GENERAL.—Except as provided

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

20 of the cost of carrying out an ecosystem res21 toration project under this paragraph shall

22 be 65 percent.

23 (ii) EXCEPTION FOR CERTAIN RES24 TORATION PROJECTS.—In the case of a

25 project under this subparagraph for eco-
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HR 1495 EAS

1 system restoration, the Federal share of the

2 cost of carrying out the project shall be 100

3 percent if the project—

4 (I) is located below the ordinary

5 high water mark or in a connected

6 backwater;

7 (II) modifies the operation or

8 structures for navigation; or

9 (III) is located on federally owned

10 land.

11 (iii) SAVINGS CLAUSE.—Nothing in

12 this paragraph affects the applicability of

13 section 906(e) of the Water Resources Devel14 opment Act of 1986 (33 U.S.C. 2283).

15 (iv) NONGOVERNMENTAL ORGANIZA16 TIONS.—Notwithstanding section 221(b) of

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

18 1962d–5(b)), for any project carried out

19 under this section, a non-Federal sponsor

20 may include a nonprofit entity, with the

21 consent of the affected local government.

22 (D) LAND ACQUISITION.—The Secretary

23 may acquire land or an interest in land for an

24 ecosystem restoration project from a willing

25 owner through conveyance of—
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HR 1495 EAS

1 (i) fee title to the land; or

2 (ii) a flood plain conservation ease3 ment.

4 (3) ECOSYSTEM RESTORATION

5 PRECONSTRUCTION ENGINEERING AND DESIGN.—

6 (A) RESTORATION DESIGN.—Before initi7 ating the construction of any individual eco8 system restoration project, the Secretary shall—

9 (i) establish ecosystem restoration goals

10 and identify specific performance measures

11 designed to demonstrate ecosystem restora12 tion;

13 (ii) establish the without-project condi14 tion or baseline for each performance indi15 cator; and

16 (iii) for each separable element of the

17 ecosystem restoration, identify specific tar18 get goals for each performance indicator.

19 (B) OUTCOMES.—Performance measures

20 identified under subparagraph (A)(i) should

21 comprise specific measurable environmental out22 comes, such as changes in water quality, hydrol23 ogy, or the well-being of indicator species the

24 population and distribution of which are rep-
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HR 1495 EAS

1 resentative of the abundance and diversity of eco2 system-dependent aquatic and terrestrial species.

3 (C) RESTORATION DESIGN.—Restoration de4 sign carried out as part of ecosystem restoration

5 shall include a monitoring plan for the perform6 ance measures identified under subparagraph

7 (A)(i), including—

8 (i) a timeline to achieve the identified

9 target goals; and

10 (ii) a timeline for the demonstration of

11 project completion.

12 (4) SPECIFIC PROJECTS AUTHORIZATION.—

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

14 appropriated to carry out this subsection

15 $1,717,000,000, of which not more than

16 $245,000,000 shall be available for projects de17 scribed in paragraph (2)(B)(ii) and not more

18 than $48,000,000 shall be available for projects

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

20 shall remain available until expended.

21 (B) LIMITATION ON AVAILABLE FUNDS.—Of

22 the amounts made available under subparagraph

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

24 year shall be available for land acquisition

25 under paragraph (2)(D).
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HR 1495 EAS

1 (C) INDIVIDUAL PROJECT LIMIT.—Other

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

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

4 project carried out under this subsection shall

5 not exceed $25,000,000.

6 (5) IMPLEMENTATION REPORTS.—

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

8 2008, and every 5 years thereafter, the Secretary

9 shall submit to the Committee on Environment

10 and Public Works of the Senate and the Com11 mittee on Transportation and Infrastructure of

12 the House of Representatives an implementation

13 report that—

14 (i) includes baselines, milestones, goals,

15 and priorities for ecosystem restoration

16 projects; and

17 (ii) measures the progress in meeting

18 the goals.

19 (B) ADVISORY PANEL.—

20 (i) IN GENERAL.—The Secretary shall

21 appoint and convene an advisory panel to

22 provide independent guidance in the devel23 opment of each implementation report

24 under subparagraph (A).
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HR 1495 EAS

1 (ii) PANEL MEMBERS.—Panel members

2 shall include—

3 (I) 1 representative of each of the

4 State resource agencies (or a designee

5 of the Governor of the State) from each

6 of the States of Illinois, Iowa, Min7 nesota, Missouri, and Wisconsin;

8 (II) 1 representative of the De9 partment of Agriculture;

10 (III) 1 representative of the De11 partment of Transportation;

12 (IV) 1 representative of the

13 United States Geological Survey;

14 (V) 1 representative of the United

15 States Fish and Wildlife Service;

16 (VI) 1 representative of the Envi17 ronmental Protection Agency;

18 (VII) 1 representative of affected

19 landowners;

20 (VIII) 2 representatives of con21 servation and environmental advocacy

22 groups; and

23 (IX) 2 representatives of agri24 culture and industry advocacy groups.
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HR 1495 EAS

1 (iii) CHAIRPERSON.—The Secretary

2 shall serve as chairperson of the advisory

3 panel.

4 (iv) NONAPPLICABILITY OF FACA.—The

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

6 App.) shall not apply to the Advisory Panel

7 or any working group established by the

8 Advisory Panel.

9 (6) RANKING SYSTEM.—

10 (A) IN GENERAL.—The Secretary, in con11 sultation with the Advisory Panel, shall develop

12 a system to rank proposed projects.

13 (B) PRIORITY.—The ranking system shall

14 give greater weight to projects that restore nat15 ural river processes, including those projects list16 ed in paragraph (2)(B).

17 (d) COMPARABLE PROGRESS.—

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

19 pre-engineering, design, and construction for projects

20 authorized under this section, the Secretary shall—

21 (A) select appropriate milestones; and

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

23 whether the projects are being carried out at

24 comparable rates.
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HR 1495 EAS

1 (2) NO COMPARABLE RATE.—If the Secretary de2 termines under paragraph (1)(B) that projects au3 thorized under this subsection are not moving toward

4 completion at a comparable rate, annual funding re5 quests for the projects will be adjusted to ensure that

6 the projects move toward completion at a comparable

7 rate in the future.

8 SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RES9 TORATION, LOUISIANA.

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

11 program for ecosystem restoration, Louisiana Coastal Area,

12 Louisiana, substantially in accordance with the report of

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

14 (b) PRIORITIES.—

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

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

17 to—

18 (A) any portion of the program identified

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

20 critical restoration feature;

21 (B) any Mississippi River diversion project

22 that—

23 (i) protects a major population area of

24 the Pontchartrain, Pearl, Breton Sound,

25 Barataria, or Terrebonne Basin; and
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1 (ii) produces an environmental benefit

2 to the coastal area of the State of Lou3 isiana; and

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

5 project that—

6 (i) is carried out in conjunction with

7 a Mississippi River diversion project; and

8 (ii) protects a major population area.

9 (c) MODIFICATIONS.—

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

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

12 make modifications as necessary to the 5 near-term

13 critical ecosystem restoration features identified in

14 the report referred to in subsection (a), due to the im15 pact of Hurricanes Katrina and Rita on the project

16 areas.

17 (2) INTEGRATION.—The Secretary shall ensure

18 that the modifications under paragraph (1) are fully

19 integrated with the analysis and design of comprehen20 sive hurricane protection authorized by title I of the

21 Energy and Water Development Appropriations Act,

22 2006 (Public Law 109–103; 119 Stat. 2247).

23 (3) CONSTRUCTION.—

24 (A) IN GENERAL.—The Secretary is author25 ized to construct the 5 near-term critical eco-
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1 system restoration features, as modified under

2 this subsection.

3 (B) REPORTS.—Before beginning construc4 tion of the projects, the Secretary shall submit a

5 report documenting any modifications to the 5

6 near-term critical projects, including cost

7 changes, to the Committee on Environment and

8 Public Works of the Senate and the Committee

9 on Transportation and Infrastructure of the

10 House of Representatives.

11 (4) APPLICABILITY OF OTHER PROVISIONS.—Sec12 tion 902 of the Water Resources Development Act of

13 1986 (33 U.S.C. 2280) shall not apply to the 5 near14 term critical projects authorized by this subsection.

15 (d) DEMONSTRATION PROGRAM.—

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

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

18 conduct a demonstration program within the applica19 ble project area to evaluate new technologies and the

20 applicability of the technologies to the program.

21 (2) COST LIMITATION.—The cost of an indi22 vidual project under this subsection shall be not more

23 than $25,000,000.

24 (e) BENEFICIAL USE OF DREDGED MATERIAL.—
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1 (1) IN GENERAL.—In carrying out the program

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

3 use such sums as are necessary to conduct a program

4 for the beneficial use of dredged material.

5 (2) CONSIDERATION.—In carrying out the pro6 gram under subsection (a), the Secretary shall con7 sider the beneficial use of sediment from the Illinois

8 River System for wetlands restoration in wetlands-de9 pleted watersheds.

10 (f) REPORTS.—

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

12 2008, the Secretary shall submit to Congress feasi13 bility reports—

14 (A) on the features included in table 3 of

15 the report referred to in subsection (a); and

16 (B) that are consistent with the estimates in

17 the table, subject to section 902 of the Water Re18 sources Development Act of 1986 (100 Stat.

19 4183).

20 (2) PROJECTS IDENTIFIED IN REPORTS.—

21 (A) CONSTRUCTION.—The Secretary is au22 thorized to construct the projects identified in the

23 reports substantially in accordance with the

24 plans, and subject to the conditions, rec25 ommended in a final report of the Chief of Engi-
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1 neers, if a favorable report of the Chief is com2 pleted by not later than December 31, 2010.

3 (B) REQUIREMENT.—No appropriations

4 shall be made to construct any project under this

5 subsection if the report under paragraph (1) has

6 not been approved by resolutions adopted by the

7 Committee on Environment and Public Works of

8 the Senate and the Committee on Transportation

9 and Infrastructure of the House of Representa10 tives.

11 (g) NONGOVERNMENTAL ORGANIZATIONS.—

12 (1) IN GENERAL.—A nongovernmental organiza13 tion shall be eligible to contribute all or a portion of

14 the non-Federal share of the cost of a project under

15 this section.

16 (2) USE OF FUNDS FROM OTHER PROGRAMS.—

17 The non-Federal interest for a study or project con18 ducted under this section may use, and the Secretary

19 shall accept, funds provided by a Federal agency

20 under any other Federal program, to satisfy, in whole

21 or in part, the non-Federal share of the study or

22 project, if the head of the Federal agency certifies that

23 the funds may be used for that purpose.

24 (h) COMPREHENSIVE PLAN.—
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1 (1) IN GENERAL.—The Secretary, in coordina2 tion with the Governor of the State of Louisiana,

3 shall—

4 (A) develop a plan for protecting, pre5 serving, and restoring the coastal Louisiana eco6 system;

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

8 enactment of this Act, and every 5 years there9 after, submit to Congress the plan, or an update

10 of the plan; and

11 (C) ensure that the plan is fully integrated

12 with the analysis and design of comprehensive

13 hurricane protection authorized by title I of the

14 Energy and Water Development Appropriations

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

16 2247).

17 (2) INCLUSIONS.—The comprehensive plan shall

18 include a description of—

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

20 that provides for the comprehensive protection,

21 conservation, and restoration of the wetlands, es22 tuaries (including the Barataria-Terrebonne es23 tuary), barrier islands, shorelines, and related

24 land and features of the coastal Louisiana eco25 system, including protection of a critical re-
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1 source, habitat, or infrastructure from the effects

2 of a coastal storm, a hurricane, erosion, or sub3 sidence;

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

5 or an improved technique, can be integrated into

6 the program under subsection (a);

7 (C) the role of other Federal agencies and

8 programs in carrying out the program under

9 subsection (a); and

10 (D) specific, measurable ecological success

11 criteria by which success of the comprehensive

12 plan shall be measured.

13 (3) CONSIDERATION.—In developing the com14 prehensive plan, the Secretary shall consider the ad15 visability of integrating into the program under sub16 section (a)—

17 (A) a related Federal or State project car18 ried out on the date on which the plan is devel19 oped;

20 (B) an activity in the Louisiana Coastal

21 Area; or

22 (C) any other project or activity identified

23 in—

24 (i) the Mississippi River and Tribu25 taries program;
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1 (ii) the Louisiana Coastal Wetlands

2 Conservation Plan;

3 (iii) the Louisiana Coastal Zone Man4 agement Plan;

5 (iv) the plan of the State of Louisiana

6 entitled ‘‘Coast 2050: Toward a Sustainable

7 Coastal Louisiana’’; or

8 (v) the Comprehensive Master Coastal

9 Protection Plan authorized and defined by

10 Act 8 of the First Extraordinary Session of

11 the Louisiana State Legislature, 2005.

12 (i) TASK FORCE.—

13 (1) ESTABLISHMENT.—There is established a

14 task force to be known as the ‘‘Coastal Louisiana Eco15 system Protection and Restoration Task Force’’ (re16 ferred to in this subsection as the ‘‘Task Force’’).

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

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

19 of a Federal agency, a designee at the level of Assist20 ant Secretary or an equivalent level):

21 (A) The Secretary.

22 (B) The Secretary of the Interior.

23 (C) The Secretary of Commerce.

24 (D) The Administrator of the Environ25 mental Protection Agency.
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1 (E) The Secretary of Agriculture.

2 (F) The Secretary of Transportation.

3 (G) The Secretary of Energy.

4 (H) The Secretary of Homeland Security.

5 (I) 3 representatives of the State of Lou6 isiana appointed by the Governor of that State.

7 (3) DUTIES.—The Task Force shall make rec8 ommendations to the Secretary regarding—

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

10 projects, and activities for addressing conserva11 tion, protection, restoration, and maintenance of

12 the coastal Louisiana ecosystem;

13 (B) financial participation by each agency

14 represented on the Task Force in conserving, pro15 tecting, restoring, and maintaining the coastal

16 Louisiana ecosystem, including

17 recommendations—

18 (i) that identify funds from current

19 agency missions and budgets; and

20 (ii) for coordinating individual agency

21 budget requests; and

22 (C) the comprehensive plan under sub23 section (h).

24 (4) WORKING GROUPS.—
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1 (A) IN GENERAL.—The Task Force may es2 tablish such working groups as the Task Force

3 determines to be necessary to assist the Task

4 Force in carrying out this subsection.

5 (B) INTEGRATION TEAM.—

6 (i) IN GENERAL.—The Task Force shall

7 establish, for the purposes described in

8 clause (ii), an integration team comprised

9 of—

10 (I) independent experts with expe11 rience relating to—

12 (aa) coastal estuaries;

13 (bb) diversions;

14 (cc) coastal restoration;

15 (dd) wetlands protection;

16 (ee) ecosystem restoration;

17 (ff) hurricane protection;

18 (gg) storm damage reduction

19 systems; and

20 (hh) navigation and ports;

21 and

22 (II) representatives of—

23 (aa) the State of Louisiana;

24 and
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1 (bb) local governments in

2 southern Louisiana.

3 (ii) PURPOSES.—The purposes referred

4 to in clause (i) are—

5 (I) to advise the Task Force and

6 the Secretary regarding opportunities

7 to integrate the planning, engineering,

8 design, implementation, and perform9 ance of Corps of Engineers projects for

10 hurricane and storm damage reduc11 tion, flood damage reduction, ecosystem

12 restoration, and navigation in areas of

13 Louisiana declared to be a major dis14 aster as a result of Hurricane Katrina

15 or Rita;

16 (II) to review reports relating to

17 the performance of, and recommenda18 tions relating to the future perform19 ance of, the hurricane, coastal, and

20 flood protection systems in southern

21 Louisiana, including the reports issued

22 by the Interagency Performance Eval23 uation Team, the National Science

24 Foundation, the American Society of

25 Civil Engineers, and Team Louisiana
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1 to advise the Task Force and the Sec2 retary on opportunities to improve the

3 performance of the protection systems;

4 and

5 (III) to carry out such other du6 ties as the Task Force or the Secretary

7 determine to be appropriate.

8 (5) NONAPPLICABILITY OF FACA.—The Federal

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

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

11 Task Force.

12 (j) SCIENCE AND TECHNOLOGY.—

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

14 a coastal Louisiana ecosystem science and technology

15 program.

16 (2) PURPOSES.—The purposes of the program es17 tablished by paragraph (1) shall be—

18 (A) to identify any uncertainty relating to

19 the physical, chemical, geological, biological, and

20 cultural baseline conditions in coastal Lou21 isiana;

22 (B) to improve knowledge of the physical,

23 chemical, geological, biological, and cultural

24 baseline conditions in coastal Louisiana; and
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1 (C) to identify and develop technologies,

2 models, and methods to carry out this subsection.

3 (3) WORKING GROUPS.—The Secretary may es4 tablish such working groups as the Secretary deter5 mines to be necessary to assist the Secretary in car6 rying out this subsection.

7 (4) CONTRACTS AND COOPERATIVE AGREE8 MENTS.—In carrying out this subsection, the Sec9 retary may enter into a contract or cooperative agree10 ment with an individual or entity (including a con11 sortium of academic institutions in Louisiana) with

12 scientific or engineering expertise in the restoration of

13 aquatic and marine ecosystems for coastal restoration

14 and enhancement through science and technology.

15 (k) ANALYSIS OF BENEFITS.—

16 (1) IN GENERAL.—Notwithstanding section 209

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

18 or any other provision of law, in carrying out an ac19 tivity to conserve, protect, restore, or maintain the

20 coastal Louisiana ecosystem, the Secretary may deter21 mine that the environmental benefits provided by the

22 program under this section outweigh the disadvantage

23 of an activity under this section.

24 (2) DETERMINATION OF COST-EFFECTIVENESS.—

25 If the Secretary determines that an activity under
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1 this section is cost-effective, no further economic jus2 tification for the activity shall be required.

3 (l) STUDIES.—

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

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

6 in consultation with the non-Federal interest, shall

7 enter into a contract with the National Academy of

8 Sciences under which the National Academy of

9 Sciences shall carry out a study to identify—

10 (A) the cause of any degradation of the

11 Louisiana Coastal Area ecosystem that occurred

12 as a result of an activity approved by the Sec13 retary; and

14 (B) the sources of the degradation.

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

16 account the results, of the study conducted under

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

18 non-Federal interest, shall study—

19 (A) financing alternatives for the program

20 under subsection (a); and

21 (B) potential reductions in the expenditure

22 of Federal funds in emergency responses that

23 would occur as a result of ecosystem restoration

24 in the Louisiana Coastal Area.

25 (m) PROJECT MODIFICATIONS.—
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1 (1) REVIEW.—The Secretary, in cooperation

2 with any non-Federal interest, shall review each fed3 erally-authorized water resources project in the coast4 al Louisiana area in existence on the date of enact5 ment of this Act to determine whether—

6 (A) each project is in accordance with the

7 program under subsection (a); and

8 (B) the project could contribute to ecosystem

9 restoration under subsection (a) through modi10 fication of the operations or features of the

11 project.

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

13 and (4), the Secretary may carry out the modifica14 tions described in paragraph (1)(B).

15 (3) PUBLIC NOTICE AND COMMENT.—Before com16 pleting the report required under paragraph (4), the

17 Secretary shall provide an opportunity for public no18 tice and comment.

19 (4) REPORT.—

20 (A) IN GENERAL.—Before modifying an op21 eration or feature of a project under paragraph

22 (1)(B), the Secretary shall submit to the Com23 mittee on Environment and Public Works of the

24 Senate and the Committee on Transportation
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1 and Infrastructure of the House of Representa2 tives a report describing the modification.

3 (B) INCLUSION.—A report under subpara4 graph (A) shall include such information relat5 ing to the timeline and cost of a modification as

6 the Secretary determines to be relevant.

7 (5) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated to carry out

9 this subsection $10,000,000.

10 (n) LOUISIANA WATER RESOURCES COUNCIL.—The

11 Secretary shall establish a council, to be known as the ‘‘Lou12 isiana Water Resources Council’’, which shall serve as the

13 exclusive peer review panel for activities conducted by the

14 Corps of Engineers in the areas in the State of Louisiana

15 declared as major disaster areas in accordance with section

16 401 of the Robert T. Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 5170) in response to Hur18 ricane Katrina or Rita of 2005, in accordance with the re19 quirements of section 2007.

20 (o) EXTERNAL REVIEW.—The Secretary shall enter

21 into a contract with the National Academy of Science to

22 perform an external review of the demonstration program

23 under subsection (d), and the results of the review shall be

24 submitted to the Committee on Environment and Public
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1 Works of the Senate and the Committee on Transportation

2 and Infrastructure of the House of Representatives.

3 (p) NEW ORLEANS AND VICINITY.—

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

5 (A) to raise levee heights as necessary, and

6 to otherwise enhance the Lake Pontchartrain and

7 Vicinity Project and the West Bank and Vicinity

8 Project to provide the levels of protection nec9 essary to achieve the certification required for the

10 100-year level of flood protection, in accordance

11 with the National Flood Insurance Program

12 under the base flood elevations current at the

13 time of the construction;

14 (B) to modify the 17th Street, Orleans Ave15 nue, and London Avenue drainage canals, in16 cluding installing pumps and closure structures

17 at or near the lakefront at Lake Pontchartrain;

18 (C) to armor critical elements of the New

19 Orleans hurricane and storm damage reduction

20 system;

21 (D) to improve and otherwise modify the

22 Inner Harbor Navigation Canal to increase the

23 reliability of the flood protection system for the

24 city of New Orleans;
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1 (E) to replace or modify certain non-Fed2 eral levees in Plaquemines Parish to incorporate

3 the levees into the New Orleans to Venice Hurri4 cane Protection Project;

5 (F) to reinforce or replace flood walls in the

6 existing Lake Pontchartrain and Vicinity

7 Project and the existing West Bank and Vicinity

8 Project to improve performance of the flood pro9 tection systems;

10 (G) to perform onetime storm-proofing of

11 interior pump stations to ensure the operability

12 of the stations during hurricanes, storms, and

13 high-water events;

14 (H) to repair, replace, modify, and improve

15 non-Federal levees and associated protection

16 measures in Terrebonne Parish; and

17 (I) to reduce the risk of storm damage to the

18 greater New Orleans metropolitan area by restor19 ing the surrounding wetlands through—

20 (i) measures to begin to reverse wet21 land losses in areas affected by navigation,

22 oil and gas exploration and extraction, and

23 other channels; and
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1 (ii) modification of the Caernarvon

2 Freshwater Diversion structure or its oper3 ations.

4 (2) FUNDING AUTHORITY.—An activity under

5 paragraph (1) shall be carried out in accordance with

6 the cost-sharing requirements of the Emergency Sup7 plemental Appropriations Act for Defense, the Global

8 War on Terror, and Hurricane Recovery, 2006 (Pub9 lic Law 109–234; 120 Stat. 418).

10 (3) CONDITIONS.—

11 (A) IN GENERAL.—The Secretary shall sub12 mit to the Committee on Environment and Pub13 lic Works of the Senate and the Committee on

14 Transportation and Infrastructure of the House

15 of Representatives a notice in any case in which

16 an estimate for the expenditure of funds on any

17 project or activity described in paragraph (1) ex18 ceeds the amount specified for that project or ac19 tivity in the Emergency Supplemental Appro20 priations Act for Defense, the Global War on

21 Terror, and Hurricane Recovery, 2006 (Public

22 Law 109–234; 120 Stat. 418).

23 (B) APPROPRIATIONS LIMITATION.—No ap24 propriation in excess of an amount equal to 25

25 percent more than the amount specified for a
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1 project or activity in that Act shall be made

2 until an increase in the level of expenditure has

3 been approved by resolutions adopted by the

4 Committees referred to in subparagraph (A).

5 (q) LAROSE TO GOLDEN MEADOW.—

6 (1) REPORT.—Not later than 120 days after the

7 date of enactment of this Act, the Secretary shall sub8 mit to the Committee on Environment and Public

9 Works of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Representa11 tives a report describing any modification required to

12 the project for flood damage reduction, Larose to

13 Golden Meadow, Louisiana, to achieve the certifi14 cation necessary for participation in the National

15 Flood Insurance Program.

16 (2) MODIFICATIONS.—The Secretary is author17 ized to carry out a modification described in para18 graph (1) if—

19 (A) the Secretary submits a recommenda20 tion for authorization of the modification in the

21 report under paragraph (1); and

22 (B) the total cost of the modification does

23 not exceed $90,000,000.

24 (3) REQUIREMENT.—No appropriation shall be

25 made to construct any modification under this sub-
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1 section if the report under paragraph (1) has not been

2 approved by resolutions adopted by the Committee on

3 Environment and Public Works of the Senate and the

4 Committee on Transportation and Infrastructure of

5 the House of Representatives.

6 (4) CREDIT.—The Secretary shall credit to the

7 non-Federal share of the cost of the project under this

8 subsection any amount otherwise eligible to be cred9 ited under section 221 of the Flood Control Act of

10 1970 (42 U.S.C. 1962d–5b) (as amended by section

11 2001).

12 (r) CONSOLIDATION.—

13 (1) IN GENERAL.—The Secretary may consoli14 date the flood damage reduction projects in Lower

15 Jefferson Parish, Louisiana, that have been identified

16 for implementation under section 205 of the Flood

17 Control Act of 1948 (33 U.S.C. 701s) as of the date

18 of enactment of this Act.

19 (2) TOTAL COST.—The Secretary may implement

20 the consolidated project referred to in paragraph (1)

21 if the total cost of the consolidated project does not ex22 ceed $100,000,000.

23 (s) MISSISSIPPI RIVER GULF OUTLET.—

24 (1) DEAUTHORIZATION.—
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1 (A) IN GENERAL.—Effective beginning on

2 the date of submission of the plan required under

3 subparagraph (C), the navigation channel por4 tion of the project for navigation, Mississippi

5 River Gulf outlet, authorized by the Act of March

6 29, 1956 (70 Stat. 65, chapter 112;100 Stat.

7 4177; 110 Stat. 3717), which extends from the

8 Gulf of Mexico to Mile 60 at the southern bank

9 of the Gulf Intracoastal Waterway, is not au10 thorized.

11 (B) SCOPE.—Nothing in this paragraph

12 modifies or deauthorizes the Inner Harbor navi13 gation canal replacement project authorized by

14 that Act.

15 (C) CLOSURE AND RESTORATION PLAN.—

16 (i) IN GENERAL.—Not later than 180

17 days after the date of enactment of this Act,

18 the Secretary shall submit to the Committee

19 on Environment and Public Works of the

20 Senate and the Committee on Transpor21 tation and Infrastructure of the House of

22 Representatives a final report on the de23 authorization of the Mississippi River Gulf

24 outlet, as described under the heading ‘‘IN25 VESTIGATIONS’’ under chapter 3 of title II
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1 of the Emergency Supplemental Appropria2 tions Act for Defense, the Global War on

3 Terror, and Hurricane Recovery, 2006

4 (Public Law 109–234; 120 Stat. 453).

5 (ii) INCLUSIONS.—At a minimum, the

6 report under clause (i) shall include—

7 (I) a comprehensive plan to de8 authorize navigation on the Mis9 sissippi River Gulf outlet;

10 (II) a plan to physically modify

11 the Mississippi River Gulf outlet and

12 restore the areas affected by the navi13 gation channel;

14 (III) a plan to restore natural

15 features of the ecosystem that will re16 duce or prevent damage from storm

17 surge;

18 (IV) a plan to prevent the intru19 sion of saltwater into the waterway;

20 (V) efforts to integrate the rec21 ommendations of this report with the

22 program authorized under subsection

23 (a) and the analysis and design au24 thorized by title I of the Energy and

25 Water Develop Appropriations Act,
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1 2006 (Public Law 109–103; 119 Stat.

2 2247); and

3 (VI) consideration of—

4 (aa) use of native vegetation;

5 and

6 (bb) diversions of fresh water

7 to restore the Lake Borgne eco8 system.

9 (D) CONSTRUCTION.—The Secretary shall

10 carry out a plan to close the Mississippi River

11 Gulf outlet and restore and protect the ecosystem

12 substantially in accordance with the plan re13 quired under subparagraph (C), if the Secretary

14 determines that the project is cost-effective, envi15 ronmentally acceptable, and technically feasible.

16 (t) HURRICANE AND STORM DAMAGE REDUCTION.—

17 With respect to the projects identified in the analysis and

18 design of comprehensive hurricane protection authorized by

19 title I of the Energy and Water Development Appropria20 tions Act, 2006 (Public Law 109–103; 119 Stat. 2247), the

21 Secretary shall—

22 (1) to the maximum extent practicable, submit

23 specific project recommendations in any report devel24 oped under that Act; and
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1 (2) submit the reports to the Committee on Envi2 ronment and Public Works of the Senate and the

3 Committee on Transportation and Infrastructure of

4 the House of Representatives.

5 (u) EMERGENCY PROCEDURES.—

6 (1) IN GENERAL.—If the President determines

7 that a feature recommended in the analysis and de8 sign of comprehensive hurricane protection under title

9 I of the Energy and Water Development Appropria10 tions Act, 2006 (Public Law 109–103; 119 Stat.

11 2447), could—

12 (A) address an imminent threat to life and

13 property;

14 (B) prevent a dangerous storm surge from

15 reaching a populated area;

16 (C) prevent the loss of coastal areas that re17 duce the impact of storm surge;

18 (D) benefit national energy security;

19 (E) protect emergency hurricane evacuation

20 routes or shelters; or

21 (F) address inconsistencies in hurricane

22 protection standards;

23 the President may submit to the Speaker of the House

24 of Representatives and the President pro tempore of

25 the Senate for authorization a legislative proposal re-
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1 lating to the feature, as the President determines to

2 be appropriate.

3 (2) PRIORITIZATION.—In submitting legislative

4 proposals under paragraph (1), the President shall

5 give highest priority to any project that, as deter6 mined by the President, would—

7 (A) to the maximum extent practicable, re8 duce the risk—

9 (i) of loss of human life;

10 (ii) to public safety; and

11 (iii) of damage to property; and

12 (B) minimize costs and environmental im13 pacts.

14 (3) EXPEDITED CONSIDERATION.—

15 (A) IN GENERAL.—Beginning after Decem16 ber 31, 2008, any legislative proposal submitted

17 by the President under paragraph (1) shall be el18 igible for expedited consideration in accordance

19 with this paragraph.

20 (B) INTRODUCTION.—As soon as practicable

21 after the date of receipt of a legislative proposal

22 under paragraph (1), the Chairman of the Com23 mittee on Environment and Public Works of the

24 Senate and the Chairman of the Committee on

25 Transportation and Infrastructure of the House
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1 of Representatives shall introduce the proposal as

2 a bill, by request, in the Senate or the House of

3 Representatives, as applicable.

4 (C) REFERRAL.—A bill introduced under

5 subparagraph (B) shall be referred to the Com6 mittee on Environment and Public Works of the

7 Senate and as applicable the Committee on

8 Transportation and Infrastructure of the House

9 of Representatives.

10 (D) COMMITTEE CONSIDERATION.—

11 (i) IN GENERAL.—Not later than 45

12 legislative days after a bill under subpara13 graph (B) is referred to a Committee in ac14 cordance with subparagraph (C), the Com15 mittee shall act on the bill.

16 (ii) FAILURE TO ACT.—If a Committee

17 fails to act on a bill by the date specified

18 in clause (i), the bill shall be discharged

19 from the Committee and placed on the cal20 endar of the Senate or the House of Rep21 resentatives, as applicable.

22 (E) SENATE FLOOR CONSIDERATION.—

23 (i) IN GENERAL.—Floor consideration

24 in the Senate regarding a bill introduced

25 under subparagraph (B) shall be limited to
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1 20 hours, to be equally divided between the

2 Majority Leader and the Minority Leader of

3 the Senate (or a designee).

4 (ii) NONGERMANE AMENDMENTS.—An

5 amendment that is nongermane to a bill in6 troduced under subparagraph (B) shall not

7 be in order.

8 (4) EFFECTIVE DATE.—This requirements of,

9 and authorities under, this subsection shall expire on

10 December 31, 2010.

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

13 The Secretary shall conduct a study for each of the

14 following projects and, if the Secretary determines that a

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

16 205 of the Flood Control Act of 1948 (33 U.S.C. 701s):

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

18 Project for flood damage reduction, Cache River

19 Basin, Grubbs, Arkansas.

20 (2) BIBB COUNTY AND THE CITY OF MACON

21 LEVEE, GEORGIA.—Project for flood damage reduc22 tion, Bibb County and the City of Macon Levee, Geor23 gia.
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1 (3) FORT WAYNE AND VICINITY, INDIANA.—

2 Project for flood control, St. Mary’s River, Fort

3 Wayne and Vicinity, Indiana.

4 (4) SALEM, MASSACHUSETTS.—Project for flood

5 damage reduction, Salem, Massachusetts.

6 (5) CROW RIVER, ROCKFORD, MINNESOTA.—

7 Project for flood damage reduction, Crow River, Rock8 ford, Minnesota.

9 (6) SOUTH BRANCH OF THE WILD RICE RIVER,

10 BORUP, MINNESOTA.—Project for flood damage reduc11 tion, South Branch of the Wild Rice River, Borup,

12 Minnesota.

13 (7) CHEYENNE, WYOMING.—Project for flood con14 trol, Capitol Basin, Cheyenne, Wyoming.

15 SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

16 The Secretary shall conduct a study for each of the

17 following projects and, if the Secretary determines that a

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

19 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

20 (1) BARROW HARBOR, ALASKA.—Project for

21 navigation, Barrow Harbor, Alaska.

22 (2) NOME HARBOR, ALASKA.—Project for naviga23 tion, Nome Harbor, Alaska.

24 (3) OLD HARBOR, ALASKA.—Project for naviga25 tion, Old Harbor, Alaska.
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1 (4) LITTLE ROCK PORT, ARKANSAS.—Project for

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

4 (5) EAST BASIN, MASSACHUSETTS.—Project for

5 navigation, East Basin, Cape Cod Canal, Sandwich,

6 Massachusetts.

7 (6) LYNN HARBOR, MASSACHUSETTS.—Project

8 for navigation, Lynn Harbor, Lynn, Massachusetts.

9 (7) MERRIMACK RIVER, MASSACHUSETTS.—

10 Project for navigation, Merrimack River, Haverhill,

11 Massachusetts.

12 (8) OAK BLUFFS HARBOR, MASSACHUSETTS.—

13 Project for navigation, Oak Bluffs Harbor, Oak

14 Bluffs, Massachusetts.

15 (9) WOODS HOLE GREAT HARBOR, MASSACHU16 SETTS.—Project for navigation, Woods Hole Great

17 Harbor, Falmouth, Massachusetts.

18 (10) AU SABLE RIVER, MICHIGAN.—Project for

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

20 Michigan.

21 (11) CLINTON RIVER, MICHIGAN.—Project for

22 navigation, Clinton River, Michigan.

23 (12) ONTONAGON RIVER, MICHIGAN.—Project for

24 navigation, Ontonagon River, Ontonagon, Michigan.
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1 (13) TRAVERSE CITY, MICHIGAN.—Project for

2 navigation, Traverse City, Michigan.

3 (14) SEBEWAING RIVER, MICHIGAN.—Project for

4 navigation, Sebewaing River, Michigan.

5 (15) TOWER HARBOR, MINNESOTA.—Project for

6 navigation, Tower Harbor, Tower, Minnesota.

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

9 Project for navigation, Outer Channel and Inner

10 Harbor, Menominee Harbor, Michigan and Wis11 consin.

12 (17) MIDDLE BASS ISLAND STATE PARK, MIDDLE

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

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

15 (18) MILWAUKEE HARBOR, WISCONSIN.—Project

16 for navigation, Milwaukee Harbor, Milwaukee, Wis17 consin.

18 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM

19 RESTORATION.

20 The Secretary shall conduct a study for each of the

21 following projects and, if the Secretary determines that a

22 project is appropriate, may carry out the project under sec23 tion 206 of the Water Resources Development Act of 1996

24 (33 U.S.C. 2330):
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1 (1) BLACK LAKE, ALASKA.—Project for aquatic

2 ecosystem restoration, Black Lake, Alaska, at the head

3 of the Chignik Watershed.

4 (2) SAN DIEGO RIVER, CALIFORNIA.—Project for

5 aquatic ecosystem restoration, San Diego River, Cali6 fornia, including efforts to address invasive aquatic

7 plant species.

8 (3) SUISON MARSH, SAN PABLO BAY, CALI9 FORNIA.—Project for aquatic ecosystem restoration,

10 San Pablo Bay, California.

11 (4) CHATTAHOOCHEE FALL-LINE, GEORGIA.—

12 Project for aquatic ecosystem restoration, Chattahoo13 chee Fall-Line, Georgia.

14 (5) LAWRENCE GATEWAY, MASSACHUSETTS.—

15 Project for aquatic ecosystem restoration at the Law16 rence Gateway quadrant project along the Merrimack

17 and Spicket Rivers in Lawrence, Massachusetts, in

18 accordance with the general conditions established by

19 the project approval of the Environmental Protection

20 Agency, Region I, including filling abandoned drain21 age facilities and making improvements to the drain22 age system on the Lawrence Gateway to prevent con23 tinued migration of contaminated sediments into the

24 river systems.
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1 (6) MILL POND, LITTLETON, MASSACHUSETTS.—

2 Project for aquatic ecosystem restoration, Mill Pond,

3 Littleton, Massachusetts.

4 (7) MILFORD POND, MILFORD, MASSACHU5 SETTS.—Project for aquatic ecosystem restoration,

6 Milford Pond, Milford, Massachusetts.

7 (8) PINE TREE BROOK, MILTON, MASSACHU8 SETTS.—Project for aquatic ecosystem restoration,

9 Pine Tree Brook, Milton, Massachusetts.

10 (9) CLINTON RIVER, MICHIGAN.—Project for

11 aquatic ecosystem restoration, Clinton River, Michi12 gan.

13 (10) CALDWELL COUNTY, NORTH CAROLINA.—

14 Project for aquatic ecosystem restoration, Caldwell

15 County, North Carolina.

16 (11) MECKLENBERG COUNTY, NORTH CARO17 LINA.—Project for aquatic ecosystem restoration,

18 Mecklenberg County, North Carolina.

19 (12) JOHNSON CREEK, GRESHAM, OREGON.—

20 Project for aquatic ecosystem restoration, Johnson

21 Creek, Gresham, Oregon.

22 (13) BLACKSTONE RIVER, RHODE ISLAND.—

23 Project for aquatic ecosystem restoration, Blackstone

24 River, Rhode Island.
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1 (14) COLLEGE LAKE, LYNCHBURG, VIRGINIA.—

2 Project for aquatic ecosystem restoration, College

3 Lake, Lynchburg, Virginia.

4 SEC. 1007. SMALL PROJECTS TO PREVENT OR MITIGATE

5 DAMAGE CAUSED BY NAVIGATION PROJECTS.

6 The Secretary shall conduct a study for each of the

7 following projects and, if the Secretary determines that a

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

9 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i):

10 (1) Tybee Island, Georgia.

11 (2) Burns Waterway Harbor, Indiana.

12 SEC. 1008. SMALL PROJECTS FOR AQUATIC PLANT CON13 TROL.

14 The Secretary is authorized to carry out a project for

15 aquatic nuisance plant control in the Republican River

16 Basin, Nebraska, under section 104 of the River and Harbor

17 Act of 1958 (33 U.S.C. 610).

18 TITLE II—GENERAL PROVISIONS

19 Subtitle A—Provisions

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

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

22 U.S.C. 1962d–5b) is amended—

23 (1) by striking ‘‘SEC. 221’’ and inserting the fol24 lowing:
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1 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR

2 WATER RESOURCES PROJECTS.’’;

3 and

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

5 following:

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

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

8 construction of any water resources project, or an ac9 ceptable separable element thereof, by the Secretary of

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

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

12 reimbursed for such construction under any provision

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

14 interest has entered into a written partnership agree15 ment with the district engineer for the district in

16 which the project will be carried out under which each

17 party agrees to carry out its responsibilities and re18 quirements for implementation or construction of the

19 project or the appropriate element of the project, as

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

21 be required if the Secretary determines that the ad22 ministrative costs associated with negotiating, exe23 cuting, or administering the agreement would exceed

24 the amount of the contribution required from the non25 Federal interest and are less than $25,000.
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1 ‘‘(2) LIQUIDATED DAMAGES.—An agreement de2 scribed in paragraph (1) may include a provision for

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

4 more parties to perform.

5 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA6 TIONS.—In any such agreement entered into by a

7 State, or a body politic of the State which derives its

8 powers from the State constitution, or a governmental

9 entity created by the State legislature, the agreement

10 may reflect that it does not obligate future appropria11 tions for such performance and payment when obli12 gating future appropriations would be inconsistent

13 with constitutional or statutory limitations of the

14 State or a political subdivision of the State.

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

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

17 paragraph (1) shall provide that the Secretary

18 shall credit toward the non-Federal share of the

19 cost of the project, including a project imple20 mented under general continuing authority, the

21 value of in-kind contributions made by the non22 Federal interest, including—

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

24 data collection), design, management, miti25 gation, construction, and construction serv-
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1 ices that are provided by the non-Federal

2 interest for implementation of the project;

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

4 provided before execution of an agreement

5 for the project, including efforts on con6 structed elements incorporated into the

7 project; and

8 ‘‘(iii) materials and services provided

9 after an agreement is executed.

10 ‘‘(B) CONDITION.—The Secretary shall cred11 it an in-kind contribution under subparagraph

12 (A) if the Secretary determines that the property

13 or service provided as an in-kind contribution is

14 integral to the project.

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

16 project—

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

18 share of the cost of the project;

19 ‘‘(ii) shall not alter any other require20 ment that a non-Federal interest provide

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

22 area for disposal of dredged material for the

23 project; and

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

25 reasonable costs of the materials, services, or
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1 other things provided by the non-Federal in2 terest, as determined by the Secretary.’’.

3 SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT

4 AUTHORITY.

5 Section 234 of the Water Resources Development Act

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

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

8 following:

9 ‘‘(a) IN GENERAL.—The Secretary may engage in ac10 tivities (including contracting) in support of other Federal

11 agencies, international organizations, or foreign govern12 ments to address problems of national significance to the

13 United States.’’;

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

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

16 (3) in subsection (d)—

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

18 2001’’ and inserting ‘‘$1,000,000 for fiscal year

19 2007 and each fiscal year thereafter’’; and

20 (B) by striking ‘‘or international organiza21 tions’’ and inserting ‘‘, international organiza22 tions, or foreign governments’’.

23 SEC. 2003. TRAINING FUNDS.

24 (a) IN GENERAL.—The Secretary may include indi25 viduals from the non-Federal interest, including the private
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1 sector, in training classes and courses offered by the Corps

2 of Engineers in any case in which the Secretary determines

3 that it is in the best interest of the Federal Government

4 to include those individuals as participants.

5 (b) EXPENSES.—

6 (1) IN GENERAL.—An individual from a non7 Federal interest attending a training class or course

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

9 the training provided to the individual.

10 (2) PAYMENTS.—Payments made by an indi11 vidual for training received under subsection (a), up

12 to the actual cost of the training—

13 (A) may be retained by the Secretary;

14 (B) shall be credited to an appropriation or

15 account used for paying training costs; and

16 (C) shall be available for use by the Sec17 retary, without further appropriation, for train18 ing purposes.

19 (3) EXCESS AMOUNTS.—Any payments received

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

21 cost of training provided shall be credited as miscella22 neous receipts to the Treasury of the United States.

23 SEC. 2004. FISCAL TRANSPARENCY REPORT.

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

25 of each year beginning January 2008, the Chief of Engi-
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1 neers shall submit to the Committee on Environment and

2 Public Works of the Senate and the Committee on Transpor3 tation and Infrastructure of the House of Representatives

4 a report on the expenditures for the preceding fiscal year

5 and estimated expenditures for the current fiscal year.

6 (b) CONTENTS.—In addition to the information de7 scribed in subsection (a), the report shall contain a detailed

8 accounting of the following information:

9 (1) With respect to general construction, infor10 mation on—

11 (A) projects currently under construction,

12 including—

13 (i) allocations to date;

14 (ii) the number of years remaining to

15 complete construction;

16 (iii) the estimated annual Federal cost

17 to maintain that construction schedule; and

18 (iv) a list of projects the Corps of En19 gineers expects to complete during the cur20 rent fiscal year; and

21 (B) projects for which there is a signed cost22 sharing agreement and completed planning, en23 gineering, and design, including—

24 (i) the number of years the project is

25 expected to require for completion; and
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1 (ii) estimated annual Federal cost to

2 maintain that construction schedule.

3 (2) With respect to operation and maintenance

4 of the inland and intracoastal waterways under sec5 tion 206 of Public Law 95–502 (33 U.S.C. 1804)—

6 (A) the estimated annual cost to maintain

7 each waterway for the authorized reach and at

8 the authorized depth; and

9 (B) the estimated annual cost of operation

10 and maintenance of locks and dams to ensure

11 navigation without interruption.

12 (3) With respect to general investigations and re13 connaissance and feasibility studies—

14 (A) the number of active studies;

15 (B) the number of completed studies not yet

16 authorized for construction;

17 (C) the number of initiated studies; and

18 (D) the number of studies expected to be

19 completed during the fiscal year.

20 (4) Funding received and estimates of funds to

21 be received for interagency and international support

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

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

24 (5) Recreation fees and lease payments.

25 (6) Hydropower and water storage fees.
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1 (7) Deposits into the Inland Waterway Trust

2 Fund and the Harbor Maintenance Trust Fund.

3 (8) Other revenues and fees collected.

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

6 and nationwide permit notifications, including—

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

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

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

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

14 authorized projects for which no funds have been allo15 cated for the 5 preceding fiscal years, including, for

16 each project—

17 (A) the authorization date;

18 (B) the last allocation date;

19 (C) the percentage of construction com20 pleted;

21 (D) the estimated cost remaining until com22 pletion of the project; and

23 (E) a brief explanation of the reasons for

24 the delay.
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1 SEC. 2005. PLANNING.

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

4 (33 U.S.C. 2281) is amended—

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

6 following:

7 ‘‘(a) IN GENERAL.—Enhancing’’; and

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

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

11 whether—

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

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

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

16 and public policies.’’.

17 (b) PLANNING PROCESS IMPROVEMENTS.—The Chief

18 of Engineers—

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

20 which the feasibility study cost sharing agreement is

21 signed for a project, subject to the availability of

22 appropriations—

23 (A) complete the feasibility study for the

24 project; and

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

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

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

4 study; and

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

6 project cost estimates; and

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

9 (i) issue procedures for risk analysis for cost

10 estimation; and

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

13 the Water Resources Development Act of 1986

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

15 (c) CALCULATION OF BENEFITS AND COSTS FOR

16 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility

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

18 as part of the calculation of benefits and costs—

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

20 following completion of the proposed project;

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

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

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

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

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

8 Engineers.

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

10 under this subsection shall—

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

13 Engineers for project planning, development, and

14 implementation;

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

19 studies;

20 (C) provide support for external peer review

21 panels convened by the Secretary; and

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

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

2 (A) IN GENERAL.—Feasibility and other

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

5 for alternatives—

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

9 (ii) for which the non-Federal interests

10 are willing to provide the non-Federal share

11 for the studies or assessments.

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

13 purposes of studies and assessments described in

14 subparagraph (A) shall not be constrained by

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

18 (C) REPORTS OF CHIEF OF ENGINEERS.—

19 The reports of the Chief of Engineers shall be

20 based solely on the best technical solutions to

21 water resource needs and problems.

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

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

2 is being given to potential changes in policy or

3 priority for project consideration; and

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

5 (i) the Committee on Environment and

6 Public Works of the Senate; and

7 (ii) the Committee on Transportation

8 and Infrastructure of the House of Rep9 resentatives.

10 (f) COMPLETION REVIEW.—

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

13 completion of a report of the Chief of Engineers that

14 recommends to Congress a water resource project, the

15 Secretary shall—

16 (A) review the report; and

17 (B) provide any recommendations of the

18 Secretary regarding the water resource project to

19 Congress.

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

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

22 to any report of the Chief of Engineers recommending

23 a water resource project that is complete prior to the

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

2 (1).

3 SEC. 2006. WATER RESOURCES PLANNING COORDINATING

4 COMMITTEE.

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

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

9 (b) MEMBERSHIP.—

10 (1) IN GENERAL.—The Coordinating Committee

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

13 (A) The Secretary of the Interior.

14 (B) The Secretary of Agriculture.

15 (C) The Secretary of Health and Human

16 Services.

17 (D) The Secretary of Housing and Urban

18 Development.

19 (E) The Secretary of Transportation.

20 (F) The Secretary of Energy.

21 (G) The Secretary of Homeland Security.

22 (H) The Secretary of Commerce.

23 (I) The Administrator of the Environmental

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

3 (2) CHAIRPERSON AND EXECUTIVE DIRECTOR.—

4 The President shall appoint—

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

8 (B) an Executive Director to supervise the

9 activities of the Coordinating Committee.

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

12 responsibilities set forth under this section.

13 (c) NATIONAL WATER RESOURCES PLANNING AND

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

15 States that all water resources projects carried out by the

16 Corps of Engineers shall—

17 (1) reflect national priorities;

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

19 (3) minimize vulnerabilities in any case in

20 which a floodplain must be used;

21 (4) protect and restore the functions of natural

22 systems; and

23 (5) mitigate any unavoidable damage to natural

24 systems.

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

2 the date of enactment of this Act, the Coordinating

3 Committee, in collaboration with the Secretary, shall

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

6 damage from flooding and related storm damage,

7 including—

8 (A) the risk to human life;

9 (B) the risk to property; and

10 (C) the comparative risks faced by different

11 regions of the United States.

12 (2) INCLUSIONS.—The report under paragraph

13 (1) shall include—

14 (A) an assessment of the extent to which

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

17 (B) the extent to which those programs may

18 be unintentionally encouraging development and

19 economic activity in floodprone areas;

20 (C) recommendations for improving those

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

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

2 GUIDELINES.—

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

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

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

7 and propose updates and revisions to modernize the

8 planning principles and guidelines, regulations, and

9 circulars by which the Corps of Engineers analyzes

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

12 shall consult with the National Academy of Sciences

13 for recommendations regarding updating planning

14 documents.

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

18 improve water resources project planning through,

19 among other things—

20 (A) requiring the use of modern economic

21 principles and analytical techniques, credible

22 schedules for project construction, and current

23 discount rates as used by other Federal agencies;

24 (B) eliminating biases and disincentives to

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

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

4 2281);

5 (C) eliminating biases and disincentives

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

8 management, and fully accounting for the flood

9 protection and other values of healthy natural

10 systems;

11 (D) promoting environmental restoration

12 projects that reestablish natural processes;

13 (E) assessing and evaluating the impacts of

14 a project in the context of other projects within

15 a region or watershed;

16 (F) analyzing and incorporating lessons

17 learned from recent studies of Corps of Engineers

18 programs and recent disasters such as Hurricane

19 Katrina and the Great Midwest Flood of 1993;

20 (G) encouraging wetlands conservation; and

21 (H) ensuring the effective implementation of

22 the policies of this Act.

23 (3) PUBLIC PARTICIPATION.—The Coordinating

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

2 under paragraph (2).

3 (4) REVISION OF PLANNING GUIDANCE.—

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

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

8 comment in accordance with subchapter II of

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

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

12 proposed updates and revisions to the planning

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

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

17 (B) EFFECT.—Effective beginning on the

18 date on which the Secretary implements the first

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

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

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

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

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

6 Representatives, a report describing any revision

7 of planning guidance under paragraph (4).

8 (B) PUBLICATION.—The Secretary shall

9 publish the report under subparagraph (A) in

10 the Federal Register.

11 SEC. 2007. INDEPENDENT PEER REVIEW.

12 (a) DEFINITIONS.—In this section:

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

15 engineering and design specifications during the

16 preconstruction engineering and design phase and the

17 engineering and design phase of a water resources

18 project carried out by the Corps of Engineers, and

19 other activities carried out on a water resources

20 project prior to completion of the construction and to

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

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

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

2 of Engineers.

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

6 from among individuals who are distinguished experts in

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

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

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

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

14 deems appropriate.

15 (c) SOUND PROJECT PLANNING.—

16 (1) PROJECTS SUBJECT TO PLANNING REVIEW.—

17 The Secretary shall ensure that each project study for

18 a water resources project shall be reviewed by an

19 independent panel of experts established under this

20 subsection if—

21 (A) the project has an estimated total cost

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

23 costs;

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

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

2 drainage basin in which a water resources

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

7 of experts for the project;

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

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

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

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

16 project; or

17 (D) the Secretary determines on his or her

18 own initiative, or shall determine within 30

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

21 project is controversial because—

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

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

3 costs or benefits of the project.

4 (2) PROJECT PLANNING REVIEW PANELS.—

5 (A) PROJECT PLANNING REVIEW PANEL

6 MEMBERSHIP.—For each water resources project

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

9 of independent experts that shall be composed of

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

13 a range of areas of expertise. The Director of

14 Independent Review shall apply the National

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

17 conflict with the project being reviewed, and

18 shall consult with the National Academy of

19 Sciences in developing lists of individuals to

20 serve on panels of experts under this subsection.

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

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

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

4 project study, receive from the public written

5 and oral comments concerning the project study,

6 and submit a written report to the Secretary

7 that shall contain the panel’s conclusions and

8 recommendations regarding project study issues

9 identified as significant by the panel, including

10 issues such as—

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

13 (ii) project evaluation data;

14 (iii) economic or environmental anal15 yses;

16 (iv) engineering analyses;

17 (v) formulation of alternative plans;

18 (vi) methods for integrating risk and

19 uncertainty;

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

23 (viii) any related biological opinions.

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

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

6 shall immediately make the report available

7 to the public on the internet.

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

10 of any recommendations of the independent

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

15 good cause shown, as determined by judicial

16 review, shall be given equal deference as the

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

19 to the water resources project.

20 (iii) SUBMISSION TO CONGRESS AND

21 PUBLIC AVAILABILITY.—The report of the

22 independent panel of experts established

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

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

2 published in the Federal Register, and shall

3 be made available to the public on the

4 Internet.

5 (D) DEADLINES FOR PROJECT PLANNING

6 REVIEWS.—

7 (i) IN GENERAL.—Independent review

8 of a project study shall be completed prior

9 to the completion of any Chief of Engineers

10 report for a specific water resources project.

11 (ii) DEADLINE FOR PROJECT PLANNING

12 REVIEW PANEL STUDIES.—An independent

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

15 project study and submit to the Secretary a

16 report not later than 180 days after the

17 date of establishment of the panel, or not

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

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

22 these deadlines for good cause.

23 (iii) FAILURE TO COMPLETE REVIEW

24 AND REPORT.—If an independent panel of

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

2 the deadline established by clause (ii), the

3 Chief of Engineers may continue project

4 planning without delay.

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

7 this subsection shall terminate on the date

8 of submission of the report by the panel.

9 Panels may be established as early in the

10 planning process as deemed appropriate by

11 the Director of Independent Review, but

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

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

16 days after a determination that review is

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

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

19 (E) EFFECT ON EXISTING GUIDANCE.—The

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

22 review required by Engineering Circular 1105–

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

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

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

4 project shall be reviewed by an independent panel of

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

7 that an independent review is necessary to ensure

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

9 (A) for which the reliability of performance

10 under emergency conditions is critical;

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

13 (C) for which the project design is lacking

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

16 construction schedule; or

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

19 Independent Review determines to be appro20 priate.

21 (2) SAFETY ASSURANCE REVIEW PANELS.—At

22 the appropriate point in the development of detailed

23 engineering and design specifications for each water

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

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

4 of experts under this subsection shall be composed of

5 not less than 5 nor more than 9 independent experts

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

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

10 policy for selecting committee members to ensure that

11 panel members have no conflict with the project being

12 reviewed. An individual serving on a panel of experts

13 under this subsection shall be compensated at a rate

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

15 be allowed travel expenses.

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

18 under this subsection shall submit a written report to

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

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

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

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

4 (4) SAFETY ASSURANCE REVIEW RECORD.—After

5 receiving a written report from an independent panel

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

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

10 explanation of recommendations not adopted,

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

13 and

14 (B) submit the report to the Committee on

15 Environment and Public Works of the Senate

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

18 (e) EXPENSES.—

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

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

21 shall be a Federal expense and shall not exceed—

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

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

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

2 project in current year dollars, if the total cost

3 is $50,000,000 or more.

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

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

7 Secretary determines appropriate.

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

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

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

12 be construed to affect any authority of the Secretary to

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

14 or technical basis of any water resources project in existence

15 on the date of enactment of this Act.

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

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

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

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

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

21 in which it is not technically practicable to complete

22 mitigation by the last day of construction of the

23 project or separable element of the project because of

24 the nature of the mitigation to be undertaken, the

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

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

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

5 (b) USE OF CONSOLIDATED MITIGATION.—Section

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

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

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

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

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

16 with the Federal Guidance for the Establishment,

17 Use and Operation of Mitigations Banks (60

18 Fed. Reg. 58605) or other applicable Federal

19 laws (including regulations).

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

23 same watershed as the affected habitat.

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

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

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

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

7 2283(d)) is amended—

8 (1) in paragraph (1)—

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

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

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

15 of decision, environmental impact statement, or

16 environmental assessment contains’’; and

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

18 and other habitat types are mitigated to not less

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

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

22 ‘‘(3) MITIGATION REQUIREMENTS.—

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

24 flood damage reduction capabilities and fish and

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

2 plan for each water resources project complies

3 fully with the mitigation standards and policies

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

6 1344).

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

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

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

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

14 for the monitoring;

15 ‘‘(ii) the criteria for ecological success

16 by which the mitigation will be evaluated

17 and determined to be successful;

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

19 acquired for the mitigation plan and the

20 basis for a determination that the land and

21 interests are available for acquisition;

22 ‘‘(iv) a description of—

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

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

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

6 demonstrates that mitigation measures are

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

9 ‘‘(4) DETERMINATION OF SUCCESS.—

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

11 under this subsection shall be considered to be

12 successful at the time at which the criteria under

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

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

16 ‘‘(B) CONSULTATION.—In determining

17 whether a mitigation plan is successful under

18 subparagraph (A), the Secretary shall consult

19 annually with appropriate Federal agencies and

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

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

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

2 will achieve ecological success, as defined in

3 the mitigation plan.

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

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

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

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

11 and each State in which the project is located

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

14 (B).

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

17 and recommendations contained in each report

18 under subparagraph (C) by not later than 30

19 days after the date of receipt of the report.

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

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

23 (d) STATUS REPORT.—

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

3 the Committee on the Environment and Public Works

4 of the Senate and the Committee on Transportation

5 and Infrastructure of the House of Representatives a

6 report describing the status of construction of projects

7 that require mitigation under section 906 of Water

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

9 and the status of that mitigation.

10 (2) PROJECTS INCLUDED.—The status report

11 shall include the status of—

12 (A) all projects that are under construction

13 as of the date of the report;

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

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

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

20 2283).

21 (e) MITIGATION TRACKING SYSTEM.—

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

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

24 establish a recordkeeping system to track, for each

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

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

3 1344)—

4 (A) the quantity and type of wetland and

5 any other habitat type affected by the project,

6 project operation, or permitted activity;

7 (B) the quantity and type of mitigation

8 measures required with respect to the project,

9 project operation, or permitted activity;

10 (C) the quantity and type of mitigation

11 measures that have been completed with respect

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

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

16 project, project operation, or permitted activity.

17 (2) REQUIREMENTS.—The recordkeeping system

18 under paragraph (1) shall—

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

21 projects described in paragraph (1) that occur

22 after November 17, 1986; and

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

4 Internet.

5 SEC. 2009. STATE TECHNICAL ASSISTANCE.

6 Section 22 of the Water Resources Development Act of

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

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

9 inserting the following:

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

11 ‘‘(a) FEDERAL-STATE COOPERATION.—

12 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’;

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

14 following:

15 ‘‘(2) TECHNICAL ASSISTANCE.—

16 ‘‘(A) IN GENERAL.—At the request of a gov17 ernmental agency or non-Federal interest, the

18 Secretary may provide, at Federal expense, tech19 nical assistance to the agency or non-Federal in20 terest in managing water resources.

21 ‘‘(B) TYPES OF ASSISTANCE.—Technical as22 sistance under this paragraph may include pro23 vision and integration of hydrologic, economic,

24 and environmental data and analyses.’’;
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1 (3) in subsection (b)(1), by striking ‘‘this sec2 tion’’ each place it appears and inserting ‘‘subsection

3 (a)(1)’’;

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

5 the’’ and inserting ‘‘the’’;

6 (5) in subsection (c)—

7 (A) by striking ‘‘(c) There is’’ and inserting

8 the following:

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

10 ‘‘(1) FEDERAL AND STATE COOPERATION.—There

11 is’’;

12 (B) in paragraph (1) (as designated by sub13 paragraph (A)), by striking ‘‘the provisions of

14 this section except that not more than $500,000

15 shall be expended in any one year in any one

16 State.’’ and inserting ‘‘subsection (a)(1).’’; and

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

18 ‘‘(2) TECHNICAL ASSISTANCE.—There is author19 ized to be appropriated to carry out subsection (a)(2)

20 $5,000,000 for each fiscal year, of which not more

21 than $2,000,000 for each fiscal year may be used by

22 the Secretary to enter into cooperative agreements

23 with nonprofit organizations and State agencies to

24 provide assistance to rural and small communities.’’;

25 and
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1 (6) by adding at the end the following:

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

3 based on performance criteria developed by the Secretary,

4 the Secretary shall list in the annual civil works budget

5 submitted to Congress the individual activities proposed for

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

7 SEC. 2010. ACCESS TO WATER RESOURCE DATA.

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

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

10 public access to water resource and related water quality

11 data in the custody of the Corps of Engineers.

12 (b) DATA.—Public access under subsection (a) shall—

13 (1) include, at a minimum, access to data gen14 erated in water resource project development and reg15 ulation under section 404 of the Federal Water Pollu16 tion Control Act (33 U.S.C. 1344); and

17 (2) appropriately employ geographic informa18 tion system technology and linkages to water resource

19 models and analytical techniques.

20 (c) PARTNERSHIPS.—To the maximum extent prac21 ticable, in carrying out activities under this section, the

22 Secretary shall develop partnerships, including cooperative

23 agreements with State, tribal, and local governments and

24 other Federal agencies.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $2,000,000 for each fiscal year.

4 SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS

5 BY NON-FEDERAL INTERESTS.

6 (a) IN GENERAL.—Section 211(e)(6) of the Water Re7 sources Development Act of 1996 (33 U.S.C. 701b–13(e)(6))

8 is amended by adding at the end following:

9 ‘‘(E) BUDGET PRIORITY.—

10 ‘‘(i) IN GENERAL.—Budget priority for

11 projects under this section shall be propor12 tionate to the percentage of project comple13 tion.

14 ‘‘(ii) COMPLETED PROJECT.—A com15 pleted project shall have the same priority

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

17 (b) CONSTRUCTION OF FLOOD CONTROL PROJECTS BY

18 NON-FEDERAL INTERESTS.—Section 211(f) of the Water

19 Resources Development Act of 1996 (33 U.S.C. 701b–13)

20 is amended by adding at the end the following:

21 ‘‘(9) THORNTON RESERVOIR, COOK COUNTY, ILLI22 NOIS.—An element of the project for flood control,

23 Chicagoland Underflow Plan, Illinois.

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

25 flood control, Buffalo Bayou, Texas, authorized by the
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1 first section of the Act of June 20, 1938 (52 Stat. 804,

2 chapter 535) (commonly known as the ‘River and

3 Harbor Act of 1938’) and modified by section 3a of

4 the Act of August 11, 1939 (53 Stat. 1414, chapter

5 699) (commonly known as the ‘Flood Control Act of

6 1939’), except that, subject to the approval of the Sec7 retary as provided by this section, the non-Federal in8 terest may design and construct an alternative to

9 such project.

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

11 element of the project for flood control, Buffalo Bayou

12 and tributaries, Texas, authorized by section

13 101(a)(21) of the Water Resources Development Act of

14 1990 (33 U.S.C. 2201 note), except that, subject to the

15 approval of the Secretary as provided by this section,

16 the non-Federal interest may design and construct an

17 alternative to such project.

18 ‘‘(12) MENOMONEE RIVER WATERSHED, WIS19 CONSIN.—The project for the Menomonee River Wa20 tershed, Wisconsin, including—

21 ‘‘(A) the Underwood Creek diversion facility

22 project (Milwaukee County Grounds); and

23 ‘‘(B) the Greater Milwaukee Rivers water24 shed project.’’.
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1 SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

2 (a) IN GENERAL.—Section 204 of the Water Resources

3 Development Act of 1992 (33 U.S.C. 2326) is amended to

4 read as follows:

5 ‘‘SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

6 ‘‘(a) IN GENERAL.—In connection with sediment ob7 tained through the construction, operation, or maintenance

8 of an authorized Federal water resources project, the Sec9 retary, acting through the Chief of Engineers, shall develop

10 Regional Sediment Management plans and carry out

11 projects at locations identified in the plan prepared under

12 subsection (e), or identified jointly by the non-Federal inter13 est and the Secretary, for use in the construction, repair,

14 modification, or rehabilitation of projects associated with

15 Federal water resources projects, for—

16 ‘‘(1) the protection of property;

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

18 aquatic and ecologically related habitats, including

19 wetlands; and

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

21 sediment

22 ‘‘(b) SECRETARIAL FINDINGS.—Subject to subsection

23 (c), projects carried out under subsection (a) may be carried

24 out in any case in which the Secretary finds that—
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1 ‘‘(1) the environmental, economic, and social

2 benefits of the project, both monetary and nonmone3 tary, justify the cost of the project; and

4 ‘‘(2) the project would not result in environ5 mental degradation.

6 ‘‘(c) DETERMINATION OF PLANNING AND PROJECT

7 COSTS.—

8 ‘‘(1) IN GENERAL.—In consultation and coopera9 tion with the appropriate Federal, State, regional,

10 and local agencies, the Secretary, acting through the

11 Chief of Engineers, shall develop at Federal expense

12 plans and projects for regional management of sedi13 ment obtained in conjunction with construction, oper14 ation, and maintenance of Federal water resources

15 projects.

16 ‘‘(2) COSTS OF CONSTRUCTION.—

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

18 construction of a project under this section or

19 identified in a Regional Sediment Management

20 plan shall be limited solely to construction costs

21 that are in excess of those costs necessary to

22 carry out the dredging for construction, oper23 ation, or maintenance of an authorized Federal

24 water resources project in the most cost-effective
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1 way, consistent with economic, engineering, and

2 environmental criteria.

3 ‘‘(B) COST SHARING.—The determination of

4 any non-Federal share of the construction cost

5 shall be based on the cost sharing as specified in

6 subsections (a) through (d) of section 103 of the

7 Water Resources Development Act of 1986 (33

8 U.S.C. 2213), for the type of Federal water re9 source project using the dredged resource.

10 ‘‘(C) TOTAL COST.—Total Federal costs as11 sociated with construction of a project under this

12 section shall not exceed $5,000,000 without Con13 gressional approval.

14 ‘‘(3) OPERATION, MAINTENANCE, REPLACEMENT,

15 AND REHABILITATION COSTS.—Operation, mainte16 nance, replacement, and rehabilitation costs associ17 ated with a project are a non-Federal sponsor respon18 sibility.

19 ‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD

20 FOR ENVIRONMENTAL PURPOSES.—

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

22 out a Federal water resources project involving the

23 disposal of material, the Secretary may select, with

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

25 method that is not the least-cost option if the Sec-
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1 retary determines that the incremental costs of the

2 disposal method are reasonable in relation to the en3 vironmental benefits, including the benefits to the

4 aquatic environment to be derived from the creation

5 of wetlands and control of shoreline erosion.

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

7 such incremental costs shall be determined in accord8 ance with subsection (c).

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

10 acting through the Chief of Engineers, may—

11 ‘‘(1) cooperate with any State in the preparation

12 of a comprehensive State or regional coastal sediment

13 management plan within the boundaries of the State;

14 ‘‘(2) encourage State participation in the imple15 mentation of the plan; and

16 ‘‘(3) submit to Congress reports and rec17 ommendations with respect to appropriate Federal

18 participation in carrying out the plan.

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

20 the Secretary shall give priority to regional sediment man21 agement projects in the vicinity of—

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

23 York;

24 ‘‘(2) Fletcher Cove, California;
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1 ‘‘(3) Delaware River Estuary, New Jersey and

2 Pennsylvania; and

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

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $15,000,000 during each fiscal year, to remain available

7 until expended, for the Federal costs identified under sub8 section (c), of which up to $5,000,000 shall be used for the

9 development of regional sediment management plans as

10 provided in subsection (e).

11 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section

12 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

13 5b), for any project carried out under this section, a non14 Federal interest may include a nonprofit entity, with the

15 consent of the affected local government.’’.

16 (b) REPEAL.—

17 (1) IN GENERAL.—Section 145 of the Water Re18 sources Development Act of 1976 (33 U.S.C. 426j) is

19 repealed.

20 (2) EXISTING PROJECTS.—The Secretary, acting

21 through the Chief of Engineers, may complete any

22 project being carried out under section 145 on the day

23 before the date of enactment of this Act.
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1 SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE2 VELOPMENT PROGRAM.

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

4 Act authorizing Federal participation in the cost of pro5 tecting the shores of publicly owned property’’, approved

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

7 follows:

8 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM9 PACT MINIMIZATION PROGRAM.

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

11 RESTORATION AND PROTECTION PROJECTS.—

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

13 construction of small shore and beach restoration and

14 protection projects not specifically authorized by Con15 gress that otherwise comply with the first section of

16 this Act if the Secretary determines that such con17 struction is advisable.

18 ‘‘(2) LOCAL COOPERATION.—The local coopera19 tion requirement under the first section of this Act

20 shall apply to a project under this section.

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

22 section—

23 ‘‘(A) shall be complete; and

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

25 any additional improvement to ensure the suc26 cessful operation of the project, except for par-
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1 ticipation in periodic beach nourishment in ac2 cordance with—

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

4 ‘‘(ii) the procedure for projects author5 ized after submission of a survey report.

6 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE7 VELOPMENT AND DEMONSTRATION PROGRAM.—

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

9 through the Chief of Engineers, shall conduct a na10 tional shoreline erosion control development and dem11 onstration program (referred to in this section as the

12 ‘program’).

13 ‘‘(2) REQUIREMENTS.—

14 ‘‘(A) IN GENERAL.—The program shall in15 clude provisions for—

16 ‘‘(i) projects consisting of planning, de17 sign, construction, and adequate monitoring

18 of prototype engineered and native and nat19 uralized vegetative shoreline erosion control

20 devices and methods;

21 ‘‘(ii) detailed engineering and environ22 mental reports on the results of each project

23 carried out under the program; and

24 ‘‘(iii) technology transfers, as appro25 priate, to private property owners, State
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1 and local entities, nonprofit educational in2 stitutions, and nongovernmental organiza3 tions.

4 ‘‘(B) DETERMINATION OF FEASIBILITY.—A

5 project under this section shall not be carried out

6 until the Secretary, acting through the Chief of

7 Engineers, determines that the project is feasible.

8 ‘‘(C) EMPHASIS.—A project carried out

9 under the program shall emphasize, to the max10 imum extent practicable—

11 ‘‘(i) the development and demonstra12 tion of innovative technologies;

13 ‘‘(ii) efficient designs to prevent ero14 sion at a shoreline site, taking into account

15 the lifecycle cost of the design, including

16 cleanup, maintenance, and amortization;

17 ‘‘(iii) new and enhanced shore protec18 tion project design and project formulation

19 tools the purposes of which are to improve

20 the physical performance, and lower the

21 lifecycle costs, of the projects;

22 ‘‘(iv) natural designs, including the use

23 of native and naturalized vegetation or tem24 porary structures that minimize permanent

25 structural alterations to the shoreline;
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1 ‘‘(v) the avoidance of negative impacts

2 to adjacent shorefront communities;

3 ‘‘(vi) the potential for long-term protec4 tion afforded by the technology; and

5 ‘‘(vii) recommendations developed from

6 evaluations of the program established

7 under the Shoreline Erosion Control Dem8 onstration Act of 1974 (42 U.S.C. 1962–5

9 note; 88 Stat. 26), including—

10 ‘‘(I) adequate consideration of the

11 subgrade;

12 ‘‘(II) proper filtration;

13 ‘‘(III) durable components;

14 ‘‘(IV) adequate connection between

15 units; and

16 ‘‘(V) consideration of additional

17 relevant information.

18 ‘‘(D) SITES.—

19 ‘‘(i) IN GENERAL.—Each project under

20 the program shall be carried out at—

21 ‘‘(I) a privately owned site with

22 substantial public access; or

23 ‘‘(II) a publicly owned site on

24 open coast or in tidal waters.
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1 ‘‘(ii) SELECTION.—The Secretary, act2 ing through the Chief of Engineers, shall de3 velop criteria for the selection of sites for

4 projects under the program, including cri5 teria based on—

6 ‘‘(I) a variety of geographic and

7 climatic conditions;

8 ‘‘(II) the size of the population

9 that is dependent on the beaches for

10 recreation or the protection of private

11 property or public infrastructure;

12 ‘‘(III) the rate of erosion;

13 ‘‘(IV) significant natural re14 sources or habitats and environ15 mentally sensitive areas; and

16 ‘‘(V) significant threatened his17 toric structures or landmarks.

18 ‘‘(3) CONSULTATION.—The Secretary, acting

19 through the Chief of Engineers, shall carry out the

20 program in consultation with—

21 ‘‘(A) the Secretary of Agriculture, particu22 larly with respect to native and naturalized veg23 etative means of preventing and controlling

24 shoreline erosion;

25 ‘‘(B) Federal, State, and local agencies;
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1 ‘‘(C) private organizations;

2 ‘‘(D) the Coastal Engineering Research Cen3 ter established by the first section of Public Law

4 88–172 (33 U.S.C. 426–1); and

5 ‘‘(E) applicable university research facili6 ties.

7 ‘‘(4) COMPLETION OF DEMONSTRATION.—After

8 carrying out the initial construction and evaluation

9 of the performance and lifecycle cost of a demonstra10 tion project under this section, the Secretary, acting

11 through the Chief of Engineers, may—

12 ‘‘(A) at the request of a non-Federal interest

13 of the project, amend the agreement for a feder14 ally-authorized shore protection project in exist15 ence on the date on which initial construction of

16 the demonstration project is complete to incor17 porate the demonstration project as a feature of

18 the shore protection project, with the future cost

19 of the demonstration project to be determined by

20 the cost-sharing ratio of the shore protection

21 project; or

22 ‘‘(B) transfer all interest in and responsi23 bility for the completed demonstration project to

24 the non-Federal or other Federal agency interest

25 of the project.
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1 ‘‘(5) AGREEMENTS.—The Secretary, acting

2 through the Chief of Engineers, may enter into an

3 agreement with the non-Federal or other Federal

4 agency interest of a project under this section—

5 ‘‘(A) to share the costs of construction, oper6 ation, maintenance, and monitoring of a project

7 under the program;

8 ‘‘(B) to share the costs of removing a project

9 or project element constructed under the pro10 gram, if the Secretary determines that the project

11 or project element is detrimental to private prop12 erty, public infrastructure, or public safety; or

13 ‘‘(C) to specify ownership of a completed

14 project that the Chief of Engineers determines

15 will not be part of a Corps of Engineers project.

16 ‘‘(6) REPORT.—Not later than December 31 of

17 each year beginning after the date of enactment of

18 this paragraph, the Secretary shall prepare and sub19 mit to the Committee on Environment and Public

20 works of the Senate and the Committee on Transpor21 tation and Infrastructure of the House of Representa22 tives a report describing—

23 ‘‘(A) the activities carried out and accom24 plishments made under the program during the

25 preceding year; and
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1 ‘‘(B) any recommendations of the Secretary

2 relating to the program.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

5 Secretary may expend, from any appropriations

6 made available to the Secretary for the purpose of

7 carrying out civil works, not more than $30,000,000

8 during any fiscal year to pay the Federal share of the

9 costs of construction of small shore and beach restora10 tion and protection projects or small projects under

11 the program.

12 ‘‘(2) LIMITATION.—The total amount expended

13 for a project under this section shall—

14 ‘‘(A) be sufficient to pay the cost of Federal

15 participation in the project (including periodic

16 nourishment as provided for under the first sec17 tion of this Act), as determined by the Secretary;

18 and

19 ‘‘(B) be not more than $3,000,000.’’.

20 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au21 thorizing Federal participation in the cost of protecting the

22 shores of publicly owned property’’, approved August 13,

23 1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is repealed.
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1 SEC. 2014. SHORE PROTECTION PROJECTS.

2 (a) IN GENERAL.—In accordance with the Act of July

3 3, 1930 (33 U.S.C. 426), and notwithstanding administra4 tive actions, it is the policy of the United States to promote

5 shore protection projects and related research that encour6 age the protection, restoration, and enhancement of sandy

7 beaches, including beach restoration and periodic beach re8 nourishment for a period of 50 years, on a comprehensive

9 and coordinated basis by the Federal Government, States,

10 localities, and private enterprises.

11 (b) PREFERENCE.—In carrying out the policy, pref12 erence shall be given to—

13 (1) areas in which there has been a Federal in14 vestment of funds; and

15 (2) areas with respect to which the need for pre16 vention or mitigation of damage to shores and beaches

17 is attributable to Federal navigation projects or other

18 Federal activities.

19 (c) APPLICABILITY.—The Secretary shall apply the

20 policy to each shore protection and beach renourishment

21 project (including shore protection and beach renourish22 ment projects in existence on the date of enactment of this

23 Act).

24 SEC. 2015. COST SHARING FOR MONITORING.

25 (a) IN GENERAL.—Costs incurred for monitoring for

26 an ecosystem restoration project shall be cost-shared—
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1 (1) in accordance with the formula relating to

2 the applicable original construction project; and

3 (2) for a maximum period of 10 years.

4 (b) AGGREGATE LIMITATION.—Monitoring costs for an

5 ecosystem restoration project—

6 (1) shall not exceed in the aggregate, for a 10-

7 year period, an amount equal to 5 percent of the cost

8 of the applicable original construction project; and

9 (2) after the 10-year period, shall be 100 percent

10 non-Federal.

11 SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

12 For each of the following projects, the Corps of Engi13 neers shall include ecosystem restoration benefits in the cal14 culation of benefits for the project:

15 (1) Grayson’s Creek, California.

16 (2) Seven Oaks, California.

17 (3) Oxford, California.

18 (4) Walnut Creek, California.

19 (5) Wildcat Phase II, California.

20 SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND

21 PROCESSING OF PERMITS.

22 Section 214 of the Water Resources Development Act

23 of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594, 117 Stat.

24 1836, 119 Stat. 2169, 120 Stat. 318, 120 Stat. 3197) is

25 amended by striking subsection (c).
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1 SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA2 TIONS.

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

4 date of enactment of this Act, the Secretary shall implement

5 a program to allow electronic submission of permit applica6 tions for permits under the jurisdiction of the Corps of En7 gineers.

8 (b) LIMITATIONS.—This section does not preclude the

9 submission of a hard copy, as required.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $3,000,000.

13 SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT

14 CORPS OF ENGINEERS RESERVOIRS.

15 (a) IN GENERAL.—As part of the operation and main16 tenance, by the Corps of Engineers, of reservoirs in oper17 ation as of the date of enactment of this Act, the Secretary

18 shall carry out the measures described in subsection (c) to

19 support the water resource needs of project sponsors and

20 any affected State, local, or tribal government for author21 ized project purposes.

22 (b) COOPERATION.—The Secretary shall carry out the

23 measures described in subsection (c) in cooperation and co24 ordination with project sponsors and any affected State,

25 local, or tribal government.
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1 (c) MEASURES.—In carrying out this section, the Sec2 retary may—

3 (1) conduct a study to identify unused,

4 underused, or additional water storage capacity at

5 reservoirs;

6 (2) review an operational plan and identify any

7 change to maximize an authorized project purpose to

8 improve water storage capacity and enhance effi9 ciency of releases and withdrawal of water;

10 (3) improve and update data, data collection,

11 and forecasting models to maximize an authorized

12 project purpose and improve water storage capacity

13 and delivery to water users; and

14 (4) conduct a sediment study and implement

15 any sediment management or removal measure.

16 (d) REVENUES FOR SPECIAL CASES.—

17 (1) COSTS OF WATER SUPPLY STORAGE.—In the

18 case of a reservoir operated or maintained by the

19 Corps of Engineers on the date of enactment of this

20 Act, the storage charge for a future contract or con21 tract renewal for the first cost of water supply storage

22 at the reservoir shall be the lesser of the estimated cost

23 of purposes foregone, replacement costs, or the up24 dated cost of storage.
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1 (2) REALLOCATION.—In the case of a water sup2 ply that is reallocated from another project purpose

3 to municipal or industrial water supply, the joint use

4 costs for the reservoir shall be adjusted to reflect the

5 reallocation of project purposes.

6 (3) CREDIT FOR AFFECTED PROJECT PUR7 POSES.—In the case of a reallocation that adversely

8 affects hydropower generation, the Secretary shall

9 defer to the Administrator of the respective Power

10 Marketing Administration to calculate the impact of

11 such a reallocation on the rates for hydroelectric

12 power.

13 (e) SAVINGS CLAUSE.—Nothing in this section affects

14 any authority in existence on the date of enactment of this

15 Act under—

16 (1) the Water Supply Act of 1958 (72 Stat 319);

17 (2) the Act of December 22, 1944 (commonly

18 known as the ‘‘Flood Control Act of 1944’’) (58 Stat.

19 887, chapter 665);

20 (3) the Water Resources Development Act of 1986

21 (100 Stat. 4082); or

22 (4) section 322 of the Water Resource Develop23 ment Act of 1990 (33 U.S.C. 2324).
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1 SEC. 2020. FEDERAL HOPPER DREDGES.

2 Section 3(c)(7)(B) of the Act of August 11, 1888 (33

3 U.S.C. 622; 25 Stat. 423), is amended by adding at the

4 end the following: ‘‘This subparagraph shall not apply to

5 the Federal hopper dredges Essayons and Yaquina of the

6 Corps of Engineers.’’.

7 SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.

8 In the State of Louisiana, extraordinary rainfall

9 events such as Hurricanes Katrina and Rita, which oc10 curred during calendar year 2005, and Hurricane Andrew,

11 which occurred during calendar year 1992, shall not be con12 sidered in making a determination with respect to the ordi13 nary high water mark for purposes of carrying out section

14 10 of the Act of March 3, 1899 (33 U.S.C. 403) (commonly

15 known as the ‘‘Rivers and Harbors Act’’).

16 SEC. 2022. WILDFIRE FIREFIGHTING.

17 Section 309 of Public Law 102–154 (42 U.S.C. 1856a–

18 1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary

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

20 SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.

21 Section 221(b) of the Flood Control Act of 1970 (42

22 U.S.C. 1962d–5b(b)) is amended—

23 (1) by striking ‘‘A non-Federal interest shall be’’

24 and inserting the following:

25 ‘‘(1) IN GENERAL.—In this section, the term

26 ‘non-Federal interest’ means’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) INCLUSIONS.—The term ‘non-Federal inter3 est’ includes a nonprofit organization acting with the

4 consent of the affected unit of government.’’.

5 SEC. 2024. PROJECT ADMINISTRATION.

6 (a) PROJECT TRACKING.—The Secretary shall assign

7 a unique tracking number to each water resources project

8 under the jurisdiction of the Secretary, to be used by each

9 Federal agency throughout the life of the project.

10 (b) REPORT REPOSITORY.—

11 (1) IN GENERAL.—The Secretary shall maintain

12 at the Library of Congress a copy of each final feasi13 bility study, final environmental impact statement,

14 final reevaluation report, record of decision, and re15 port to Congress prepared by the Corps of Engineers.

16 (2) AVAILABILITY TO PUBLIC.—

17 (A) IN GENERAL.—Each document described

18 in paragraph (1) shall be made available to the

19 public for review, and an electronic copy of each

20 document shall be made permanently available

21 to the public through the Internet website of the

22 Corps of Engineers.

23 (B) COST.—The Secretary shall charge the

24 requestor for the cost of duplication of the re25 quested document.
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1 SEC. 2025. PROGRAM ADMINISTRATION.

2 Sections 101, 106, and 108 of the Energy and Water

3 Development Appropriations Act, 2006 (Public Law 109–

4 103; 119 Stat. 2252–2254), are repealed.

5 SEC. 2026. EXTENSION OF SHORE PROTECTION PROJECTS.

6 (a) IN GENERAL.—Before the date on which the appli7 cable period for Federal financial participation in a shore

8 protection project terminates, the Secretary, acting through

9 the Chief of Engineers, is authorized to review the shore pro10 tection project to determine whether it would be feasible to

11 extend the period of Federal financial participation relat12 ing to the project.

13 (b) REPORT.—The Secretary shall submit to Congress

14 a report describing the results of each review conducted

15 under subsection (a).

16 SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.

17 Section 203 of the Water Resources Development Act

18 of 2000 (33 U.S.C. 2269) is amended—

19 (1) in subsection (b)—

20 (A) in paragraph (1), by inserting ‘‘carry

21 out water-related planning activities and’’ after

22 ‘‘the Secretary may’’; and

23 (B) in paragraph (2)—

24 (i) in subparagraph (A), by striking

25 ‘‘and’’ at the end;
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1 (ii) by redesignating subparagraph (B)

2 as subparagraph (C); and

3 (iii) by inserting after subparagraph

4 (A) the following:

5 ‘‘(B) watershed assessments and planning

6 activities.’’; and

7 (2) in subsection (e), by striking ‘‘2006’’ and in8 serting ‘‘2012’’.

9 SEC. 2028. PROJECT DEAUTHORIZATION.

10 Section 1001(b)(2) of the Water Resources Develop11 ment Act of 1986 (33 U.S.C. 579a) is amended as follows:

12 (1) In the first sentence by striking ‘‘two years’’

13 and inserting ‘‘year’’;

14 (2) In the last sentence by striking ‘‘30 months

15 after the date’’ and inserting ‘‘the last date of the fis16 cal year following the fiscal year in which’’; and

17 (3) In the last sentence by striking ‘‘such 30

18 month period’’ and inserting ‘‘such period’’.

19 Subtitle B—Continuing Authorities

20 Projects

21 SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATER22 BORNE TRANSPORTATION.

23 Section 107 of the River and Harbor Act of 1960 (33

24 U.S.C. 577) is amended—
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1 (1) by striking ‘‘SEC. 107. (a) That the Secretary

2 of the Army is hereby authorized to’’ and inserting

3 the following:

4 ‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBORNE

5 TRANSPORTATION.

6 ‘‘(a) IN GENERAL.—The Secretary of the Army may’’;

7 (2) in subsection (b)—

8 (A) by striking ‘‘(b) Not more’’ and insert9 ing the following:

10 ‘‘(b) ALLOTMENT.—Not more’’; and

11 (B) by striking ‘‘$4,000,000’’ and inserting

12 ‘‘$7,000,000’’;

13 (3) in subsection (c), by striking ‘‘(c) Local’’ and

14 inserting the following:

15 ‘‘(c) LOCAL CONTRIBUTIONS.—Local’’;

16 (4) in subsection (d), by striking ‘‘(d) Non-Fed17 eral’’ and inserting the following:

18 ‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’;

19 (5) in subsection (e), by striking ‘‘(e) Each’’ and

20 inserting the following:

21 ‘‘(e) COMPLETION.—Each’’; and

22 (6) in subsection (f), by striking ‘‘(f) This’’ and

23 inserting the following:

24 ‘‘(f) APPLICABILITY.—This’’.
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1 SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER2 GENCIES AT SHORES AND STREAMBANKS.

3 Section 14 of the Flood Control Act of 1946 (33 U.S.C.

4 701r) is amended by striking ‘‘$1,000,000’’ and inserting

5 ‘‘$1,500,000’’.

6 SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO7 TECTION OF AQUATIC AND RIPARIAN ECO8 SYSTEMS PROGRAM.

9 Section 206 of the Water Resources Development Act

10 of 1996 (33 U.S.C. 2330) is amended—

11 (1) by striking the section heading and inserting

12 the following:

13 ‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO14 TECTION OF AQUATIC AND RIPARIAN ECO15 SYSTEMS PROGRAM.’’;

16 (2) in subsection (a), by striking ‘‘an aquatic’’

17 and inserting ‘‘a freshwater aquatic’’; and

18 (3) in subsection (e), by striking ‘‘$25,000,000’’

19 and inserting ‘‘$30,000,000’’.

20 SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS

21 FOR IMPROVEMENT AND RESTORATION OF

22 ECOSYSTEMS PROGRAM.

23 Section 1135 of the Water Resources Development Act

24 of 1986 (33 U.S.C. 2309a) is amended—

25 (1) by striking the section heading and inserting

26 the following:
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1 ‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS

2 FOR IMPROVEMENT AND RESTORATION OF

3 ECOSYSTEMS PROGRAM.’’;

4 and

5 (2) in subsection (h), by striking ‘‘$25,000,000’’

6 and inserting ‘‘$30,000,000’’.

7 SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COAST8 AL HABITATS.

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

10 estuary habitat restoration project if the Secretary deter11 mines that the project—

12 (1) will improve the elements and features of an

13 estuary (as defined in section 103 of the Estuaries

14 and Clean Waters Act of 2000 (33 U.S.C. 2902));

15 (2) is in the public interest; and

16 (3) is cost-effective.

17 (b) COST SHARING.—The non-Federal share of the cost

18 of construction of any project under this section—

19 (1) shall be 35 percent; and

20 (2) shall include the costs of all land, easements,

21 rights-of-way, and necessary relocations.

22 (c) AGREEMENTS.—Construction of a project under

23 this section shall commence only after a non-Federal inter24 est has entered into a binding agreement with the Secretary

25 to pay—
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1 (1) the non-Federal share of the costs of construc2 tion required under subsection (b); and

3 (2) in accordance with regulations promulgated

4 by the Secretary, 100 percent of the costs of any oper5 ation, maintenance, replacement, or rehabilitation of

6 the project.

7 (d) LIMITATION.—Not more than $5,000,000 in Fed8 eral funds may be allocated under this section for a project

9 at any 1 location.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $10,000,000 for each of fiscal years 2008 through 2011.

13 SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

14 Section 560 of the Water Resources Development Act

15 of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amended—

16 (1) by striking subsection (f);

17 (2) by redesignating subsections (a) through (e)

18 as subsections (b) through (f), respectively;

19 (3) by inserting before subsection (b) (as redesig20 nated by paragraph (2)) the following:

21 ‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In

22 this section, the term ‘non-Federal interest’ includes, with

23 the consent of the affected local government, nonprofit enti24 ties, notwithstanding section 221 of the Flood Control Act

25 of 1970 (42 U.S.C. 1962d–5b).’’;
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1 (4) in subsection (b) (as redesignated by para2 graph (2))—

3 (A) by inserting ‘‘, and construction’’ before

4 ‘‘assistance’’; and

5 (B) by inserting ‘‘, including, with the con6 sent of the affected local government, nonprofit

7 entities,’’ after ‘‘non-Federal interests’’;

8 (5) in paragraph (3) of subsection (c) (as redes9 ignated by paragraph (2))—

10 (A) by inserting ‘‘physical hazards and’’

11 after ‘‘adverse’’; and

12 (B) by striking ‘‘drainage from’’;

13 (6) in subsection (d) (as redesignated by para14 graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; and

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

16 ‘‘(g) OPERATION AND MAINTENANCE.—The non-Fed17 eral share of the costs of operation and maintenance for

18 a project carried out under this section shall be 100 percent.

19 ‘‘(h) NO EFFECT ON LIABILITY.—The provision of as20 sistance under this section shall not relieve from liability

21 any person that would otherwise be liable under Federal

22 or State law for damages, response costs, natural resource

23 damages, restitution, equitable relief, or any other relief.

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

25 authorized to be appropriated to carry out this section, for
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1 each of fiscal years 2008 through 2011, $20,000,000, to re2 main available until expended.’’.

3 SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION

4 AND REMOVAL OF DAMS.

5 (a) AUTHORIZATION.—

6 (1) IN GENERAL.—The Secretary may carry out

7 a small dam removal or rehabilitation project if the

8 Secretary determines that the project will improve the

9 quality of the environment or is in the public interest.

10 (2) PRIORITY PROJECTS.—In carrying out this

11 section, the Secretary shall give priority to carrying

12 out the following small dam removal or rehabilitation

13 projects:

14 (A) Mountain Park, Georgia.

15 (B) Keith Creek, Rockford, Illinois.

16 (C) Mount Zion Mill Pond Dam, Fulton

17 County, Indiana.

18 (D) Hamilton Dam, Flint River, Michigan.

19 (E) Ingham Spring Dam, Solebury Town20 ship, Pennsylvania.

21 (F) Stillwater Lake Dam, Monroe County,

22 Pennsylvania.

23 (b) COST SHARING.—A non-Federal interest shall pro24 vide 35 percent of the cost of the removal or remediation

25 of any project carried out under this section, including pro-
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1 vision of all land, easements, rights-of-way, and necessary

2 relocations.

3 (c) AGREEMENTS.—Construction of a project under

4 this section shall be commenced only after a non-Federal

5 interest has entered into a binding agreement with the Sec6 retary to pay—

7 (1) the non-Federal share of the costs of construc8 tion required by this section; and

9 (2) 100 percent of any operation and mainte10 nance cost.

11 (d) COST LIMITATION.—Not more than $5,000,000 in

12 Federal funds may be allotted under this section for a

13 project at any single location.

14 (e) FUNDING.—There is authorized to be appropriated

15 to carry out this section $10,000,000 for each of fiscal years

16 2008 through 2011.

17 SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

18 (a) IN GENERAL.—The Secretary shall develop eligi19 bility criteria for Federal participation in navigation

20 projects located in economically disadvantaged commu21 nities that are—

22 (1) dependent on water transportation for sub23 sistence; and

24 (2) located in—

25 (A) remote areas of the United States;
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1 (B) American Samoa;

2 (C) Guam;

3 (D) the Commonwealth of the Northern

4 Mariana Islands;

5 (E) the Commonwealth of Puerto Rico; or

6 (F) the United States Virgin Islands.

7 (b) ADMINISTRATION.—The criteria developed under

8 this section—

9 (1) shall—

10 (A) provide for economic expansion; and

11 (B) identify opportunities for promoting

12 economic growth; and

13 (2) shall not require project justification solely

14 on the basis of National Economic Development bene15 fits received.

16 SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

17 (a) PARTNERSHIP AGREEMENTS.—Section 221 of the

18 Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is

19 amended—

20 (1) by redesignating subsection (e) as subsection

21 (g); and

22 (2) by inserting after subsection (d) the fol23 lowing:
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1 ‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Secretary

2 determines that a project needs to be continued for the pur3 pose of public health and safety—

4 ‘‘(1) the non-Federal interest shall pay the in5 creased projects costs, up to an amount equal to 20

6 percent of the original estimated project costs and in

7 accordance with the statutorily-determined cost share;

8 and

9 ‘‘(2) notwithstanding the statutorily-determined

10 Federal share, the Secretary shall pay all increased

11 costs remaining after payment of 20 percent of the in12 creased costs by the non-Federal interest under para13 graph (1).

14 ‘‘(f) LIMITATION.—Nothing in subsection (a) limits the

15 authority of the Secretary to ensure that a partnership

16 agreement meets the requirements of law and policies of the

17 Secretary in effect on the date of execution of the partner18 ship agreement.’’.

19 (b) LOCAL COOPERATION.—Section 912(b) of the

20 Water Resources Development Act of 1986 (100 Stat. 4190)

21 is amended—

22 (1) in paragraph (2)—

23 (A) in the first sentence, by striking ‘‘shall’’

24 and inserting ‘‘may’’; and

25 (B) by striking the second sentence; and
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1 (2) in paragraph (4)—

2 (A) in the first sentence—

3 (i) by striking ‘‘injunction, for’’ and

4 inserting ‘‘injunction and payment of liq5 uidated damages, for’’; and

6 (ii) by striking ‘‘to collect a civil pen7 alty imposed under this section,’’; and

8 (B) in the second sentence, by striking ‘‘any

9 civil penalty imposed under this section,’’ and

10 inserting ‘‘any liquidated damages,’’.

11 (c) APPLICABILITY.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by subsections (a)

14 and (b) shall apply only to partnership agreements

15 entered into after the date of enactment of this Act.

16 (2) EXCEPTION.—Notwithstanding paragraph

17 (1), the district engineer for the district in which a

18 project is located may amend the partnership agree19 ment for the project entered into on or before the date

20 of enactment of this Act—

21 (A) at the request of a non-Federal interest

22 for a project; and

23 (B) if construction on the project has not

24 been initiated as of the date of enactment of this

25 Act.
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1 (d) REFERENCES.—

2 (1) COOPERATION AGREEMENTS.—Any reference

3 in a law, regulation, document, or other paper of the

4 United States to a cooperation agreement or project

5 cooperation agreement shall be considered to be a ref6 erence to a partnership agreement or a project part7 nership agreement, respectively.

8 (2) PARTNERSHIP AGREEMENTS.—Any reference

9 to a partnership agreement or project partnership

10 agreement in this Act (other than in this section)

11 shall be considered to be a reference to a cooperation

12 agreement or a project cooperation agreement, respec13 tively.

14 SEC. 2040. PROGRAM NAMES.

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

16 U.S.C. 701s) is amended by striking ‘‘SEC. 205. That the’’

17 and inserting the following:

18 ‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD19 ING AND OBTAIN RISK MINIMIZATION.

20 ‘‘The’’.

21 Subtitle C—National Levee Safety

22 Program

23 SEC. 2051. SHORT TITLE.

24 This subtitle may be cited as the ‘‘National Levee Safe25 ty Program Act of 2007’’.
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1 SEC. 2052. DEFINITIONS.

2 In this subtitle:

3 (1) ASSESSMENT.—The term ‘‘assessment’’

4 means the periodic engineering evaluation of a levee

5 by a registered professional engineer to—

6 (A) review the engineering features of the

7 levee; and

8 (B) develop a risk-based performance eval9 uation of the levee, taking into consideration po10 tential consequences of failure or overtopping of

11 the levee.

12 (2) COMMITTEE.—The term ‘‘Committee’’ means

13 the National Levee Safety Committee established by

14 section 2053(a).

15 (3) INSPECTION.—The term ‘‘inspection’’ means

16 an annual review of a levee to verify whether the

17 owner or operator of the levee is conducting required

18 operation and maintenance in accordance with estab19 lished levee maintenance standards.

20 (4) LEVEE.—The term ‘‘levee’’ means an em21 bankment (including a floodwall) that—

22 (A) is designed, constructed, or operated for

23 the purpose of flood or storm damage reduction;

24 (B) reduces the risk of loss of human life or

25 risk to the public safety; and
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1 (C) is not otherwise defined as a dam by the

2 Federal Guidelines for Dam Safety.

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Army, acting through the Chief

5 of Engineers.

6 (6) STATE.—The term ‘‘State’’ means—

7 (A) a State;

8 (B) the District of Columbia;

9 (C) the Commonwealth of Puerto Rico; and

10 (D) any other territory or possession of the

11 United States.

12 (7) STATE LEVEE SAFETY AGENCY.—The term

13 ‘‘State levee safety agency’’ means the State agency

14 that has regulatory authority over the safety of any

15 non-Federal levee in a State.

16 (8) UNITED STATES.—The term ‘‘United States’’,

17 when used in a geographical sense, means all of the

18 States.

19 SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

20 (a) ESTABLISHMENT.—

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

22 a National Levee Safety Committee, consisting of rep23 resentatives of Federal agencies and State, tribal, and

24 local governments, in accordance with this subsection.

25 (2) FEDERAL AGENCIES.—
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1 (A) IN GENERAL.—The head of each Federal

2 agency and the head of the International Bound3 ary Waters Commission may designate a rep4 resentative to serve on the Committee.

5 (B) ACTION BY SECRETARY.—The Secretary

6 shall ensure, to the maximum extent practicable,

7 that—

8 (i) each Federal agency that designs,

9 owns, operates, or maintains a levee is rep10 resented on the Committee; and

11 (ii) each Federal agency that has re12 sponsibility for emergency preparedness or

13 response activities is represented on the

14 Committee.

15 (3) TRIBAL, STATE, AND LOCAL GOVERN16 MENTS.—

17 (A) IN GENERAL.—The Secretary shall ap18 point 8 members to the Committee—

19 (i) 3 of whom shall represent tribal

20 governments affected by levees, based on rec21 ommendations of tribal governments;

22 (ii) 3 of whom shall represent State

23 levee safety agencies, based on recommenda24 tions of Governors of the States; and
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1 (iii) 2 of whom shall represent local

2 governments, based on recommendations of

3 Governors of the States.

4 (B) REQUIREMENT.—In appointing mem5 bers under subparagraph (A), the Secretary shall

6 ensure broad geographic representation, to the

7 maximum extent practicable.

8 (4) CHAIRPERSON.—The Secretary shall serve as

9 Chairperson of the Committee.

10 (5) OTHER MEMBERS.—The Secretary, in con11 sultation with the Committee, may invite to partici12 pate in meetings of the Committee, as appropriate, 1

13 or more of the following:

14 (A) Representatives of the National Labora15 tories.

16 (B) Levee safety experts.

17 (C) Environmental organizations.

18 (D) Members of private industry.

19 (E) Any other individual or entity, as the

20 Committee determines to be appropriate.

21 (b) DUTIES.—

22 (1) IN GENERAL.—The Committee shall—

23 (A) advise the Secretary in implementing

24 the national levee safety program under section

25 2054;
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1 (B) support the establishment and mainte2 nance of effective programs, policies, and guide3 lines to enhance levee safety for the protection of

4 human life and property throughout the United

5 States; and

6 (C) support coordination and information

7 exchange between Federal agencies and State

8 levee safety agencies that share common problems

9 and responsibilities relating to levee safety, in10 cluding planning, design, construction, oper11 ation, emergency action planning, inspections,

12 maintenance, regulation or licensing, technical

13 or financial assistance, research, and data man14 agement.

15 (c) POWERS.—

16 (1) INFORMATION FROM FEDERAL AGENCIES.—

17 (A) IN GENERAL.—The Committee may se18 cure directly from a Federal agency such infor19 mation as the Committee considers to be nec20 essary to carry out this section.

21 (B) PROVISION OF INFORMATION.—On re22 quest of the Committee, the head of a Federal

23 agency shall provide the information to the Com24 mittee.
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1 (2) CONTRACTS.—The Committee may enter into

2 any contract the Committee determines to be nec3 essary to carry out a duty of the Committee.

4 (d) WORKING GROUPS.—

5 (1) IN GENERAL.—The Secretary may establish

6 working groups to assist the Committee in carrying

7 out this section.

8 (2) MEMBERSHIP.—A working group under

9 paragraph (1) shall be composed of—

10 (A) members of the Committee; and

11 (B) any other individual, as the Secretary

12 determines to be appropriate.

13 (e) COMPENSATION OF MEMBERS.—

14 (1) FEDERAL EMPLOYEES.—A member of the

15 Committee who is an officer or employee of the

16 United States shall serve without compensation in ad17 dition to compensation received for the services of the

18 member as an officer or employee of the United

19 States.

20 (2) OTHER MEMBERS.—A member of the Com21 mittee who is not an officer or employee of the United

22 States shall serve without compensation.

23 (f) TRAVEL EXPENSES.—

24 (1) REPRESENTATIVES OF FEDERAL AGEN25 CIES.—To the extent amounts are made available in
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1 advance in appropriations Acts, a member of the

2 Committee who represents a Federal agency shall be

3 reimbursed with appropriations for travel expenses by

4 the agency of the member, including per diem in lieu

5 of subsistence, at rates authorized for an employee of

6 an agency under subchapter I of chapter 57 of title

7 5, United States Code, while away from home or reg8 ular place of business of the member in the perform9 ance of services for the Committee.

10 (2) OTHER INDIVIDUALS.—To the extent

11 amounts are made available in advance in appro12 priations Acts, a member of the Committee who rep13 resents a State levee safety agency, a member of the

14 Committee who represents the private sector, and a

15 member of a working group created under subsection

16 (d) shall be reimbursed for travel expenses by the Sec17 retary, including per diem in lieu of subsistence, at

18 rates authorized for an employee of an agency under

19 subchapter 1 of chapter 57 of title 5, United States

20 Code, while away from home or regular place of busi21 ness of the member in performance of services for the

22 Committee.

23 (g) NONAPPLICABILITY OF FACA.—The Federal Advi24 sory Committee Act (5 U.S.C. App.) shall not apply to the

25 Committee.
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1 SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

2 (a) IN GENERAL.—The Secretary, in consultation with

3 the Committee and State levee safety agencies, shall estab4 lish and maintain a national levee safety program.

5 (b) PURPOSES.—The purposes of the program under

6 this section are—

7 (1) to ensure that new and existing levees are

8 safe through the development of technologically and

9 economically feasible programs and procedures for

10 hazard reduction relating to levees;

11 (2) to encourage appropriate engineering policies

12 and procedures to be used for levee site investigation,

13 design, construction, operation and maintenance, and

14 emergency preparedness;

15 (3) to encourage the establishment and imple16 mentation of effective levee safety programs in each

17 State;

18 (4) to develop and support public education and

19 awareness projects to increase public acceptance and

20 support of State levee safety programs;

21 (5) to develop technical assistance materials for

22 Federal and State levee safety programs;

23 (6) to develop methods of providing technical as24 sistance relating to levee safety to non-Federal enti25 ties; and
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1 (7) to develop technical assistance materials,

2 seminars, and guidelines to improve the security of

3 levees in the United States.

4 (c) STRATEGIC PLAN.—In carrying out the program

5 under this section, the Secretary, in coordination with the

6 Committee, shall prepare a strategic plan—

7 (1) to establish goals, priorities, and target dates

8 to improve the safety of levees in the United States;

9 (2) to cooperate and coordinate with, and pro10 vide assistance to, State levee safety agencies, to the

11 maximum extent practicable;

12 (3) to share information among Federal agencies,

13 State and local governments, and private entities re14 lating to levee safety; and

15 (4) to provide information to the public relating

16 to risks associated with levee failure or overtopping.

17 (d) FEDERAL GUIDELINES.—

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

19 under this section, the Secretary, in coordination

20 with the Committee, shall establish Federal guidelines

21 relating to levee safety.

22 (2) INCORPORATION OF FEDERAL ACTIVITIES.—

23 The Federal guidelines under paragraph (1) shall in24 corporate, to the maximum extent practicable, any
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1 activity carried out by a Federal agency as of the

2 date on which the guidelines are established.

3 (e) INCORPORATION OF EXISTING ACTIVITIES.—The

4 program under this section shall incorporate, to the max5 imum extent practicable—

6 (1) any activity carried out by a State or local

7 government, or a private entity, relating to the con8 struction, operation, or maintenance of a levee; and

9 (2) any activity carried out by a Federal agency

10 to support an effort by a State levee safety agency to

11 develop and implement an effective levee safety pro12 gram.

13 (f) INVENTORY OF LEVEES.—The Secretary shall de14 velop, maintain, and periodically publish an inventory of

15 levees in the United States, including the results of any

16 levee assessment conducted under this section and inspec17 tion.

18 (g) ASSESSMENTS OF LEVEES.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), as soon as practicable after the date of en21 actment of this Act, the Secretary shall conduct an as22 sessment of each levee in the United States that pro23 tects human life or the public safety to determine the

24 potential for a failure or overtopping of the levee that
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1 would pose a risk of loss of human life or a risk to

2 the public safety.

3 (2) EXCEPTION.—The Secretary may exclude

4 from assessment under paragraph (1) any non-Fed5 eral levee the failure or overtopping of which would

6 not pose a risk of loss of human life or a risk to the

7 public safety.

8 (3) PRIORITIZATION.—In determining the order

9 in which to assess levees under paragraph (1), the

10 Secretary shall give priority to levees the failure or

11 overtopping of which would constitute the highest risk

12 of loss of human life or a risk to the public safety,

13 as determined by the Secretary.

14 (4) DETERMINATION.—In assessing levees under

15 paragraph (1), the Secretary shall take into consider16 ation the potential of a levee to fail or overtop because

17 of—

18 (A) hydrologic or hydraulic conditions;

19 (B) storm surges;

20 (C) geotechnical conditions;

21 (D) inadequate operating procedures;

22 (E) structural, mechanical, or design defi23 ciencies; or

24 (F) other conditions that exist or may occur

25 in the vicinity of the levee.
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1 (5) STATE PARTICIPATION.—On request of a

2 State levee safety agency, with respect to any levee the

3 failure of which would affect the State, the Secretary

4 shall—

5 (A) provide information to the State levee

6 safety agency relating to the construction, oper7 ation, and maintenance of the levee; and

8 (B) allow an official of the State levee safe9 ty agency to participate in the assessment of the

10 levee.

11 (6) REPORT.—As soon as practicable after the

12 date on which a levee is assessed under this section,

13 the Secretary shall provide to the Governor of the

14 State in which the levee is located a notice describing

15 the results of the assessment, including—

16 (A) a description of the results of the assess17 ment under this subsection;

18 (B) a description of any hazardous condi19 tion discovered during the assessment; and

20 (C) on request of the Governor, information

21 relating to any remedial measure necessary to

22 mitigate or avoid any hazardous condition dis23 covered during the assessment.

24 (7) SUBSEQUENT ASSESSMENTS.—
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1 (A) IN GENERAL.—After the date on which

2 a levee is initially assessed under this subsection,

3 the Secretary shall conduct a subsequent assess4 ment of the levee not less frequently than once

5 every 5 years.

6 (B) STATE ASSESSMENT OF NON-FEDERAL

7 LEVEES.—

8 (i) IN GENERAL.—Each State shall

9 conduct assessments of non-Federal levees

10 located within the State in accordance with

11 the applicable State levee safety program.

12 (ii) AVAILABILITY OF INFORMATION.—

13 Each State shall make the results of the as14 sessments under clause (i) available for in15 clusion in the national inventory under

16 subsection (f).

17 (iii) NON-FEDERAL LEVEES.—

18 (I) IN GENERAL.—On request of

19 the Governor of a State, the Secretary

20 may assess a non-Federal levee in the

21 State.

22 (II) COST.—The State shall pay

23 100 percent of the cost of an assessment

24 under subclause (I).
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1 (III) FUNDING.—The Secretary

2 may accept funds from any levee

3 owner for the purposes of conducting

4 engineering assessments to determine

5 the performance and structural integ6 rity of a levee.

7 (h) STATE LEVEE SAFETY PROGRAMS.—

8 (1) ASSISTANCE TO STATES.—In carrying out

9 the program under this section, the Secretary shall

10 provide funds to State levee safety agencies (or an11 other appropriate State agency, as designated by the

12 Governor of the State) to assist States in establishing,

13 maintaining, and improving levee safety programs.

14 (2) APPLICATION.—

15 (A) IN GENERAL.—To receive funds under

16 this subsection, a State levee safety agency shall

17 submit to the Secretary an application in such

18 time, in such manner, and containing such in19 formation as the Secretary may require.

20 (B) INCLUSION.—An application under sub21 paragraph (A) shall include an agreement be22 tween the State levee safety agency and the Sec23 retary under which the State levee safety agency

24 shall, in accordance with State law—
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1 (i) review and approve plans and spec2 ifications to construct, enlarge, modify, re3 move, or abandon a levee in the State;

4 (ii) perform periodic evaluations dur5 ing levee construction to ensure compliance

6 with the approved plans and specifications;

7 (iii) approve the construction of a levee

8 in the State before the date on which the

9 levee becomes operational;

10 (iv) assess, at least once every 5 years,

11 all levees and reservoirs in the State the

12 failure of which would cause a significant

13 risk of loss of human life or risk to the pub14 lic safety to determine whether the levees

15 and reservoirs are safe;

16 (v) establish a procedure for more de17 tailed and frequent safety evaluations;

18 (vi) ensure that assessments are led by

19 a State-registered professional engineer with

20 related experience in levee design and con21 struction;

22 (vii) issue notices, if necessary, to re23 quire owners of levees to perform necessary

24 maintenance or remedial work, improve se-
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1 curity, revise operating procedures, or take

2 other actions, including breaching levees;

3 (viii) contribute funds to—

4 (I) ensure timely repairs or other

5 changes to, or removal of, a levee in

6 order to reduce the risk of loss of

7 human life and the risk to public safe8 ty; and

9 (II) if the owner of a levee does

10 not take an action described in sub11 clause (I), take appropriate action as

12 expeditiously as practicable;

13 (ix) establish a system of emergency

14 procedures and emergency response plans to

15 be used if a levee fails or if the failure of

16 a levee is imminent;

17 (x) identify—

18 (I) each levee the failure of which

19 could be reasonably expected to endan20 ger human life;

21 (II) the maximum area that could

22 be flooded if a levee failed; and

23 (III) necessary public facilities

24 that would be affected by the flooding;

25 and
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1 (xi) for the period during which the

2 funds are provided, maintain or exceed the

3 aggregate expenditures of the State during

4 the 2 fiscal years preceding the fiscal year

5 during which the funds are provided to en6 sure levee safety.

7 (3) DETERMINATION OF SECRETARY.—

8 (A) IN GENERAL.—Not later than 120 days

9 after the date on which the Secretary receives an

10 application under paragraph (2), the Secretary

11 shall approve or disapprove the application.

12 (B) NOTICE OF DISAPPROVAL.—If the Sec13 retary disapproves an application under sub14 paragraph (A), the Secretary shall immediately

15 provide to the State levee safety agency a written

16 notice of the disapproval, including a description

17 of—

18 (i) the reasons for the disapproval; and

19 (ii) changes necessary for approval of

20 the application, if any.

21 (C) FAILURE TO DETERMINE.—If the Sec22 retary fails to make a determination by the

23 deadline under subparagraph (A), the applica24 tion shall be considered to be approved.
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1 (4) REVIEW OF STATE LEVEE SAFETY PRO2 GRAMS.—

3 (A) IN GENERAL.—The Secretary, in con4 junction with the Committee, may periodically

5 review any program carried out using funds

6 under this subsection.

7 (B) INADEQUATE PROGRAMS.—If the Sec8 retary determines under a review under subpara9 graph (A) that a program is inadequate to rea10 sonably protect human life and property, the

11 Secretary shall, until the Secretary determines

12 the program to be adequate—

13 (i) revoke the approval of the program;

14 and

15 (ii) withhold assistance under this sub16 section.

17 (i) REPORTING.—Not later than 90 days after the end

18 of each odd-numbered fiscal year, the Secretary, in con19 sultation with the Committee, shall submit to Congress a

20 report describing—

21 (1) the status of the program under this section;

22 (2) the progress made by Federal agencies during

23 the 2 preceding fiscal years in implementing Federal

24 guidelines for levee safety;
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1 (3) the progress made by State levee safety agen2 cies participating in the program; and

3 (4) recommendations for legislative or other ac4 tion that the Secretary considers to be necessary, if

5 any.

6 (j) RESEARCH.—The Secretary, in coordination with

7 the Committee, shall carry out a program of technical and

8 archival research to develop and support—

9 (1) improved techniques, historical experience,

10 and equipment for rapid and effective levee construc11 tion, rehabilitation, and assessment or inspection;

12 (2) the development of devices for the continued

13 monitoring of levee safety;

14 (3) the development and maintenance of infor15 mation resources systems required to manage levee

16 safety projects; and

17 (4) public policy initiatives and other improve18 ments relating to levee safety engineering, security,

19 and management.

20 (k) PARTICIPATION BY STATE LEVEE SAFETY AGEN21 CIES.—In carrying out the levee safety program under this

22 section, the Secretary shall—

23 (1) solicit participation from State levee safety

24 agencies; and
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1 (2) periodically update State levee safety agen2 cies and Congress on the status of the program.

3 (l) LEVEE SAFETY TRAINING.—The Secretary, in con4 sultation with the Committee, shall establish a program

5 under which the Secretary shall provide training for State

6 levee safety agency staff and inspectors to a State that has,

7 or intends to develop, a State levee safety program, on re8 quest of the State.

9 (m) EFFECT OF SUBTITLE.—Nothing in this

10 subtitle—

11 (1) creates any Federal liability relating to the

12 recovery of a levee caused by an action or failure to

13 act;

14 (2) relieves an owner or operator of a levee of

15 any legal duty, obligation, or liability relating to the

16 ownership or operation of the levee; or

17 (3) except as provided in subsection

18 (g)(7)(B)(iii)(III), preempts any applicable Federal

19 or State law.

20 SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the

22 Secretary—

23 (1) $20,000,000 to establish and maintain the

24 inventory under section 2054(f);
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1 (2) $42,000,000 to carry out levee safety assess2 ments under section 2054(g);

3 (3) to provide funds for State levee safety pro4 grams under section 2054(h)—

5 (A) $15,000,000 for fiscal year 2007; and

6 (B) $5,000,000 for each of fiscal years 2008

7 through 2011;

8 (4) $2,000,000 to carry out research under sec9 tion 2054(j);

10 (5) $1,000,000 to carry out levee safety training

11 under section 2054(l); and

12 (6) $150,000 to provide travel expenses to mem13 bers of the Committee under section 2053(f).

14 TITLE III—PROJECT-RELATED

15 PROVISIONS

16 SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,

17 ALASKA.

18 The Secretary shall carry out, on an emergency basis,

19 necessary removal of rubble, sediment, and rock impeding

20 the entrance to the St. Herman and St. Paul Harbors, Ko21 diak, Alaska, at a Federal cost of $2,000,000.

22 SEC. 3002. SITKA, ALASKA.

23 The Sitka, Alaska, element of the project for naviga24 tion, Southeast Alaska Harbors of Refuge, Alaska, author25 ized by section 101 of the Water Resources Development Act
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1 of 1992 (106 Stat. 4801), is modified to direct the Secretary

2 to take such action as is necessary to correct design defi3 ciencies in the Sitka Harbor Breakwater, at full Federal

4 expense. The estimated cost is $6,300,000.

5 SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

6 Section 111 of title I of division C of the Consolidated

7 Appropriations Act, 2005 (118 Stat. 2944), is amended by

8 striking subsections (a) and (b) and inserting the following:

9 ‘‘(a) CONSTRUCTION OF NEW FACILITIES.—

10 ‘‘(1) DEFINITIONS.—In this subsection:

11 ‘‘(A) EXISTING FACILITY.—The term ‘exist12 ing facility’ means the administrative and

13 maintenance facility for the project for Black

14 Warrior-Tombigbee Rivers, Alabama, in exist15 ence on the date of enactment of the Water Re16 sources Development Act of 2007.

17 ‘‘(B) PARCEL.—The term ‘Parcel’ means the

18 land owned by the Federal Government in the

19 City of Tuscaloosa, Alabama, as in existence on

20 the date of enactment of the Water Resources De21 velopment Act of 2007.

22 ‘‘(2) AUTHORIZATION.—In carrying out the

23 project for Black Warrior-Tombigbee Rivers, Ala24 bama, the Secretary is authorized—
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1 ‘‘(A) to purchase land on which the Sec2 retary may construct a new maintenance facil3 ity, to be located—

4 ‘‘(i) at a different location from the ex5 isting facility; and

6 ‘‘(ii) in the vicinity of the City of Tus7 caloosa, Alabama;

8 ‘‘(B) at any time during or after the com9 pletion of, and relocation to, the new mainte10 nance facility—

11 ‘‘(i) to demolish the existing facility;

12 and

13 ‘‘(ii) to carry out any necessary envi14 ronmental clean-up of the Parcel, all at full

15 Federal expense; and

16 ‘‘(C) to construct on the Parcel a new ad17 ministrative facility.

18 ‘‘(b) ACQUISITION AND DISPOSITION OF PROPERTY.—

19 The Secretary—

20 ‘‘(1) may acquire any real property necessary

21 for the construction of the new maintenance facility

22 under subsection (a)(2)(A); and

23 ‘‘(2) shall convey to the City of Tuscaloosa fee

24 simple title in and to any portion of the Parcel not
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1 required for construction of the new administrative

2 facility under subsection (a)(2)(C) through—

3 ‘‘(A) sale at fair market value;

4 ‘‘(B) exchange of other Federal land on an

5 acre-for-acre basis; or

6 ‘‘(C) another form of transfer.’’.

7 SEC. 3004. NOGALES WASH AND TRIBUTARIES FLOOD CON8 TROL PROJECT, ARIZONA.

9 The project for flood control, Nogales Wash and tribu10 taries, Arizona, authorized by section 101(a)(4) of the

11 Water Resources Development Act of 1990 (104 Stat. 4606;

12 110 Stat. 3711; 114 Stat. 2600), is modified to authorize

13 the Secretary to construct the project at a total cost of

14 $25,410,000, with an estimated Federal cost of $22,930,000

15 and an estimated non-Federal cost of $2,480,000.

16 SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA.

17 The project for flood damage reduction, Rio De Flag,

18 Flagstaff, Arizona, authorized by section 101(b)(3) of the

19 Water Resources Development Act of 2000 (114 Stat. 2576),

20 is modified to authorize the Secretary to construct the

21 project at a total cost of $54,100,000, with an estimated

22 Federal cost of $35,000,000 and a non-Federal cost of

23 $19,100,000.
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1 SEC. 3006. TUCSON DRAINAGE AREA (TUCSON ARROYO), AR2 IZONA.

3 The project for flood damage reduction, environmental

4 restoration, and recreation, Tucson Drainage Area (Tucson

5 Arroyo), Arizona, authorized by section 101(a)(5) of the

6 Water Resources Development Act of 1999 (113 Stat. 274),

7 is modified to authorize the Secretary to construct the

8 project at a total cost of $66,700,000, with an estimated

9 Federal cost of $43,350,000 and an estimated non-Federal

10 cost of $23,350,000.

11 SEC. 3007. AUGUSTA AND CLARENDON, ARKANSAS.

12 The Secretary may carry out rehabilitation of author13 ized and completed levees on the White River between Au14 gusta and Clarendon, Arkansas, at a total estimated cost

15 of $8,000,000, with an estimated Federal cost of $5,200,000

16 and an estimated non-Federal cost of $2,800,000.

17 SEC. 3008. EASTERN ARKANSAS ENTERPRISE COMMUNITY,

18 ARKANSAS.

19 Federal assistance made available under the rural en20 terprise zone program of the Department of Agriculture

21 may be used toward payment of the non-Federal share of

22 the costs of the project described in section 219(c)(20) of

23 the Water Resources Development Act of 1992 (106 Stat.

24 4835; 114 Stat. 2763A–219), if the funds are authorized

25 to be used for the purpose of that project.
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1 SEC. 3009. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS

2 AND LOUISIANA.

3 (a) IN GENERAL.—Section 204 of the Flood Control

4 Act of 1950 (64 Stat. 170) is amended in the matter under

5 the heading ‘‘RED-OUACHITA RIVER BASIN’’ by strik6 ing ‘‘at Calion, Arkansas’’ and inserting ‘‘improvements at

7 Calion, Arkansas (including authorization for the com8 prehensive flood-control project for Ouachita River and

9 tributaries, incorporating in the project all flood control,

10 drainage, and power improvements in the basin above the

11 lower end of the left bank Ouachita River levee)’’.

12 (b) MODIFICATION.—Section 3 of the Act of August 18,

13 1941 (55 Stat. 642, chapter 377), is amended in the second

14 sentence of subsection (a) in the matter under the heading

15 ‘‘LOWER MISSISSIPPI RIVER’’ by inserting before the

16 period at the end the following: ‘‘Provided, That the

17 Ouachita River Levees, Louisiana, authorized by the first

18 section of the Act of May 15, 1928 (45 Stat. 534, chapter

19 569), shall remain as a component of the Mississippi River

20 and Tributaries Project and afforded operation and mainte21 nance responsibilities as directed in section 3 of that Act

22 (45 Stat. 535)’’.

23 SEC. 3010. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

24 (a) IN GENERAL.—The project for flood control, St.

25 Francis River Basin, Arkansas, and Missouri, authorized

26 the Act of June 15, 1936 (49 Stat. 1508, chapter 548), as
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1 modified, is further modified to authorize the Secretary to

2 undertake channel stabilization and sediment removal

3 measures on the St. Francis River and tributaries as an

4 integral part of the original project.

5 (b) NO SEPARABLE ELEMENT.—The measures under6 taken under subsection (a) shall not be considered to be a

7 separable element of the project.

8 SEC. 3011. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS

9 AND MISSOURI.

10 (a) IN GENERAL.—The Secretary shall convey to the

11 State of Arkansas, without monetary consideration and

12 subject to subsection (b), all right, title, and interest to land

13 within the State acquired by the Federal Government as

14 mitigation land for the project for flood control, St. Francis

15 Basin, Arkansas and Missouri Project, authorized by the

16 Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly

17 known as the ‘‘Flood Control Act of 1928’’).

18 (b) TERMS AND CONDITIONS.—

19 (1) IN GENERAL.—The conveyance by the United

20 States under this section shall be subject to—

21 (A) the condition that the State of Arkansas

22 (including the successors and assigns of the

23 State) agree to operate, maintain, and manage

24 the land at no cost or expense to the United
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1 States and for fish and wildlife, recreation, and

2 environmental purposes; and

3 (B) such other terms and conditions as the

4 Secretary determines to be in the interest of the

5 United States.

6 (2) REVERSION.—If the State (or a successor or

7 assign of the State) ceases to operate, maintain, and

8 manage the land in accordance with this subsection,

9 all right, title, and interest in and to the property

10 shall revert to the United States, at the option of the

11 Secretary.

12 SEC. 3012. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA13 TION SYSTEM, ARKANSAS AND OKLAHOMA.

14 (a) NAVIGATION CHANNEL.—The Secretary shall con15 tinue construction of the McClellan-Kerr Arkansas River

16 Navigation System, Arkansas and Oklahoma, to operate

17 and maintain the navigation channel to the authorized

18 depth of the channel, in accordance with section 136 of the

19 Energy and Water Development Appropriations Act, 2004

20 (Public Law 108–137; 117 Stat. 1842).

21 (b) MITIGATION.—

22 (1) IN GENERAL.—As mitigation for any inci23 dental taking relating to the McClellan-Kerr Naviga24 tion System, the Secretary shall determine the need

25 for, and construct modifications in, the structures and
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1 operations of the Arkansas River in the area of Tulsa

2 County, Oklahoma, including the construction of low

3 water dams and islands to provide nesting and for4 aging habitat for the interior least tern, in accordance

5 with the study entitled ‘‘Arkansas River Corridor

6 Master Plan Planning Assistance to States’’.

7 (2) COST SHARING.—The non-Federal share of

8 the cost of a project under this subsection shall be 35

9 percent.

10 (3) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated to carry out

12 this subsection $12,000,000.

13 SEC. 3013. CACHE CREEK BASIN, CALIFORNIA.

14 (a) IN GENERAL.—The project for flood control, Cache

15 Creek Basin, California, authorized by section 401(a) of the

16 Water Resources Development Act of 1986 (100 Stat. 4112),

17 is modified to direct the Secretary to mitigate the impacts

18 of the new south levee of the Cache Creek settling basin on

19 the storm drainage system of the city of Woodland, includ20 ing all appurtenant features, erosion control measures, and

21 environmental protection features.

22 (b) OBJECTIVES.—Mitigation under subsection (a)

23 shall restore the pre-project capacity of the city (1,360 cubic

24 feet per second) to release water to the Yolo Bypass,

25 including—
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1 (1) channel improvements;

2 (2) an outlet work through the west levee of the

3 Yolo Bypass; and

4 (3) a new low flow cross channel to handle city

5 and county storm drainage and settling basin flows

6 (1,760 cubic feet per second) when the Yolo Bypass is

7 in a low flow condition.

8 SEC. 3014. CALFED LEVEE STABILITY PROGRAM, CALI9 FORNIA.

10 In addition to funds made available pursuant to the

11 Water Supply, Reliability, and Environmental Improve12 ment Act (Public Law 108–361) to carry out section

13 103(f)(3)(D) of that Act (118 Stat. 1696), there is author14 ized to be appropriated to carry out projects described in

15 that section $106,000,000, to remain available until ex16 pended.

17 SEC. 3015. HAMILTON AIRFIELD, CALIFORNIA.

18 The project for environmental restoration, Hamilton

19 Airfield, California, authorized by section 101(b)(3) of the

20 Water Resources Development Act of 1999 (113 Stat. 279),

21 is modified to include the diked bayland parcel known as

22 ‘‘Bel Marin Keys Unit V’’ at an estimated total cost of

23 $221,700,000, with an estimated Federal cost of

24 $166,200,000 and an estimated non-Federal cost of

25 $55,500,000, as part of the project to be carried out by the
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1 Secretary substantially in accordance with the plans, and

2 subject to the conditions, recommended in the final report

3 of the Chief of Engineers dated July 19, 2004.

4 SEC. 3016. LA–3 DREDGED MATERIAL OCEAN DISPOSAL SITE

5 DESIGNATION, CALIFORNIA.

6 Section 102(c)(4) of the Marine Protection, Research,

7 and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is

8 amended in the third sentence by striking ‘‘January 1,

9 2003’’ and inserting ‘‘January 1, 2011’’.

10 SEC. 3017. LARKSPUR FERRY CHANNEL, CALIFORNIA.

11 (a) REPORT.—The project for navigation, Larkspur

12 Ferry Channel, Larkspur, California, authorized by section

13 601(d) of the Water Resources Development Act of 1986

14 (100 Stat. 4148), is modified to direct the Secretary to pre15 pare a limited reevaluation report to determine whether

16 maintenance of the project is feasible.

17 (b) AUTHORIZATION OF PROJECT.—If the Secretary

18 determines that maintenance of the project is feasible, the

19 Secretary shall carry out the maintenance.

20 SEC. 3018. LLAGAS CREEK, CALIFORNIA.

21 The project for flood damage reduction, Llagas Creek,

22 California, authorized by section 501(a) of the Water Re23 sources Development Act of 1999 (113 Stat. 333), is modi24 fied to authorize the Secretary to complete the project, in

25 accordance with the requirements of local cooperation as
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1 specified in section 5 of the Watershed Protection and Flood

2 Prevention Act (16 U.S.C. 1005), at a total remaining cost

3 of $105,000,000, with an estimated remaining Federal cost

4 of $65,000,000 and an estimated remaining non-Federal

5 cost of $40,000,000.

6 SEC. 3019. MAGPIE CREEK, CALIFORNIA.

7 The project for Magpie Creek, California, authorized

8 by section 205 of the Flood Control Act of 1948 (33 U.S.C.

9 701s), is modified to direct the Secretary to apply the cost10 sharing requirements of section 103(b) of the Water Re11 sources Development Act of 1986 (100 Stat. 4085) for the

12 portion of the project consisting of land acquisition to pre13 serve and enhance existing floodwater storage.

14 SEC. 3020. PETALUMA RIVER, PETALUMA, CALIFORNIA.

15 The project for flood damage reduction, Petaluma

16 River, Petaluma, California, authorized by section 112 of

17 the Water Resources Development Act of 2000 (114 Stat.

18 2587), is modified to authorize the Secretary to construct

19 the project at a total cost of $41,500,000, with an estimated

20 Federal cost of $26,975,000 and an estimated non-Federal

21 cost of $14,525,000.

22 SEC. 3021. PINE FLAT DAM FISH AND WILDLIFE HABITAT,

23 CALIFORNIA.

24 (a) COOPERATIVE PROGRAM.—
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1 (1) IN GENERAL.—The Secretary shall partici2 pate with appropriate State and local agencies in the

3 implementation of a cooperative program to improve

4 and manage fisheries and aquatic habitat conditions

5 in Pine Flat Reservoir and in the 14-mile reach of

6 the Kings River immediately below Pine Flat Dam,

7 California, in a manner that—

8 (A) provides for long-term aquatic resource

9 enhancement; and

10 (B) avoids adverse effects on water storage

11 and water rights holders.

12 (2) GOALS AND PRINCIPLES.—The cooperative

13 program described in paragraph (1) shall be carried

14 out—

15 (A) substantially in accordance with the

16 goals and principles of the document entitled

17 ‘‘Kings River Fisheries Management Program

18 Framework Agreement’’ and dated May 29,

19 1999, between the California Department of Fish

20 and Game and the Kings River Water Associa21 tion and the Kings River Conservation District;

22 and

23 (B) in cooperation with the parties to that

24 agreement.

25 (b) PARTICIPATION BY SECRETARY.—
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1 (1) IN GENERAL.—In furtherance of the goals of

2 the agreement described in subsection (a)(2), the Sec3 retary shall participate in the planning, design, and

4 construction of projects and pilot projects on the

5 Kings River and its tributaries to enhance aquatic

6 habitat and water availability for fisheries purposes

7 (including maintenance of a trout fishery) in accord8 ance with flood control operations, water rights, and

9 beneficial uses in existence as of the date of enactment

10 of this Act.

11 (2) PROJECTS.—Projects referred to in para12 graph (1) may include—

13 (A) projects to construct or improve pump14 ing, conveyance, and storage facilities to enhance

15 water transfers; and

16 (B) projects to carry out water exchanges

17 and create opportunities to use floodwater within

18 and downstream of Pine Flat Reservoir.

19 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

20 PROJECTS.—Nothing in this section authorizes any project

21 for the raising of Pine Flat Dam or the construction of a

22 multilevel intake structure at Pine Flat Dam.

23 (d) USE OF EXISTING STUDIES.—In carrying out this

24 section, the Secretary shall use, to the maximum extent

25 practicable, studies in existence on the date of enactment
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1 of this Act, including data and environmental documenta2 tion in the document entitled ‘‘Final Feasibility Report and

3 Report of the Chief of Engineers for Pine Flat Dam Fish

4 and Wildlife Habitat Restoration’’ and dated July 19,

5 2002.

6 (e) COST SHARING.—

7 (1) PROJECT PLANNING, DESIGN, AND CONSTRUC8 TION.—The Federal share of the cost of planning, de9 sign, and construction of a project under subsection

10 (b) shall be 65 percent.

11 (2) NON-FEDERAL SHARE.—

12 (A) CREDIT FOR LAND, EASEMENTS, AND

13 RIGHTS-OF-WAY.—The Secretary shall credit to14 ward the non-Federal share of the cost of con15 struction of any project under subsection (b) the

16 value, regardless of the date of acquisition, of

17 any land, easements, rights-of-way, dredged ma18 terial disposal areas, or relocations provided by

19 the non-Federal interest for use in carrying out

20 the project.

21 (B) FORM.—The non-Federal interest may

22 provide not more than 50 percent of the non23 Federal share required under this clause in the

24 form of services, materials, supplies, or other in25 kind contributions.
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1 (f) OPERATION AND MAINTENANCE.—The operation,

2 maintenance, repair, rehabilitation, and replacement of

3 projects carried out under this section shall be a non-Fed4 eral responsibility.

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $20,000,000, to remain available until expended.

8 SEC. 3022. REDWOOD CITY NAVIGATION PROJECT, CALI9 FORNIA.

10 The Secretary may dredge the Redwood City Naviga11 tion Channel, California, on an annual basis, to maintain

12 the authorized depth of –30 mean lower low water.

13 SEC. 3023. SACRAMENTO AND AMERICAN RIVERS FLOOD

14 CONTROL, CALIFORNIA.

15 (a) CREDIT FOR NON-FEDERAL WORK.—

16 (1) IN GENERAL.—The Secretary shall provide

17 credit to the Sacramento Area Flood Control Agency,

18 in the amount of $20,503,000, for the nonreimbursed

19 Federal share of costs incurred by the Agency in con20 nection with the project for flood control and recre21 ation, Sacramento and American Rivers, California

22 (Natomas Levee features), authorized by section 9159

23 of the Department of Defense Appropriations Act,

24 1993 (106 Stat. 1944).
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1 (2) ALLOCATION OF CREDIT.—The Secretary

2 shall allocate the amount to be credited under para3 graph (1) toward the non-Federal share of such

4 projects as are requested by the Sacramento Area

5 Flood Control Agency.

6 (3) NO REIMBURSEMENT.—An amount credited

7 under this subsection shall not be available for reim8 bursement.

9 (b) PROJECT FOR FLOOD CONTROL.—

10 (1) IN GENERAL.—The project for flood control,

11 American and Sacramento Rivers, California, au12 thorized by section 101(a)(6)(A) of the Water Re13 sources Development Act of 1999 (113 Stat. 274), as

14 modified by section 128 of the Energy and Water De15 velopment Appropriations Act, 2006 (119 Stat. 2259),

16 is further modified to authorize the Secretary to con17 struct the auxiliary spillway generally in accordance

18 with the Post Authorization Change Report, Amer19 ican River Watershed Project (Folsom Dam Modifica20 tion and Folsom Dam Raise Projects), dated March

21 2007, at a total cost of $683,000,000, with an esti22 mated Federal cost of $444,000,000 and an estimated

23 non-Federal cost of $239,000,000.

24 (2) DAM SAFETY.—Nothing in this section limits

25 the authority of the Secretary of the Interior to carry
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1 out dam safety activities in connection with the aux2 iliary spillway in accordance with the Bureau of Rec3 lamation Safety of Dams Program.

4 (3) TRANSFER OF FUNDS.—

5 (A) IN GENERAL.—The Secretary and the

6 Secretary of the Interior are authorized to trans7 fer between the Department of the Army and the

8 Department of the Interior appropriated

9 amounts and other available funds (including

10 funds contributed by non-Federal interests) for

11 the purpose of planning, design, and construc12 tion of the auxiliary spillway.

13 (B) TERMS AND CONDITIONS.—Any transfer

14 made pursuant to this subsection shall be subject

15 to such terms and conditions as may be agreed

16 on by the Secretary and the Secretary of the In17 terior.

18 SEC. 3024. SACRAMENTO RIVER BANK PROTECTION

19 PROJECT, CALIFORNIA.

20 Section 202 of the River Basin Monetary Authoriza21 tion Act of 1974 (88 Stat. 49) is amended by striking ‘‘and

22 the monetary authorization’’ and all that follows through

23 the end of the section and inserting ‘‘except that the lineal

24 feet in the second phase shall be increased from 405,000 lin25 eal feet to 485,000 lineal feet.’’.
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1 SEC. 3025. CONDITIONAL DECLARATION OF NONNAVIGA2 BILITY, PORT OF SAN FRANCISCO, CALI3 FORNIA.

4 (a) CONDITIONAL DECLARATION OF NONNAVIGA5 BILITY.—If the Secretary determines, in consultation with

6 appropriate Federal and non-Federal entities, that projects

7 proposed to be carried out by non-Federal entities within

8 the portions of the San Francisco, California, waterfront

9 described in subsection (b) are in the public interest, the

10 portions shall be declared not to be navigable water of the

11 United States for the purposes of section 9 of the Act of

12 March 3, 1899 (33 U.S.C. 401), and the General Bridge

13 Act of 1946 (33 U.S.C. 525 et seq.).

14 (b) PORTIONS OF WATERFRONT.—The portions of the

15 San Francisco, California, waterfront referred to in sub16 section (a) are those that are, or will be, bulkheaded, filled,

17 or otherwise occupied by permanent structures and that are

18 located as follows: beginning at the intersection of the north19 easterly prolongation of the portion of the northwesterly line

20 of Bryant Street lying between Beale Street and Main

21 Street with the southwesterly line of Spear Street, which

22 intersection lies on the line of jurisdiction of the San Fran23 cisco Port Commission; following thence southerly along

24 said line of jurisdiction as described in the State of Cali25 fornia Harbor and Navigation Code Section 1770, as

26 amended in 1961, to its intersection with the easterly line
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1 of Townsend Street along a line that is parallel and distant

2 10 feet from the existing southern boundary of Pier 40 to

3 its point of intersection with the United States Government

4 pier-head line; thence northerly along said pier-head line

5 to its intersection with a line parallel with, and distant

6 10 feet easterly from, the existing easterly boundary line

7 of Pier 30–32; thence northerly along said parallel line and

8 its northerly prolongation, to a point of intersection with

9 a line parallel with, and distant 10 feet northerly from,

10 the existing northerly boundary of Pier 30–32, thence west11 erly along last said parallel line to its intersection with

12 the United States Government pier-head line; to the north13 westerly line of Bryan Street northwesterly; thence south14 westerly along said northwesterly line of Bryant Street to

15 the point of beginning.

16 (c) REQUIREMENT THAT AREA BE IMPROVED.—If, by

17 the date that is 20 years after the date of enactment of this

18 Act, any portion of the San Francisco, California, water19 front described in subsection (b) has not been bulkheaded,

20 filled, or otherwise occupied by 1 or more permanent struc21 tures, or if work in connection with any activity carried

22 out pursuant to applicable Federal law requiring a permit,

23 including sections 9 and 10 of the Act of March 3, 1899

24 (33 U.S.C. 401), is not commenced by the date that is 5

25 years after the date of issuance of such a permit, the dec-
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1 laration of nonnavigability for the portion under this sec2 tion shall cease to be effective.

3 SEC. 3026. SALTON SEA RESTORATION, CALIFORNIA.

4 (a) DEFINITIONS.—In this section:

5 (1) SALTON SEA AUTHORITY.—The term ‘‘Salton

6 Sea Authority’’ means the Joint Powers Authority es7 tablished under the laws of the State of California by

8 a joint power agreement signed on June 2, 1993.

9 (2) SALTON SEA SCIENCE OFFICE.—The term

10 ‘‘Salton Sea Science Office’’ means the Office estab11 lished by the United States Geological Survey and

12 currently located in La Quinta, California.

13 (b) PILOT PROJECTS.—

14 (1) IN GENERAL.—

15 (A) REVIEW.—The Secretary shall review

16 the preferred restoration concept plan approved

17 by the Salton Sea Authority to determine wheth18 er the pilot projects are economically justified,

19 technically sound, environmentally acceptable,

20 and meet the objectives of the Salton Sea Rec21 lamation Act (Public Law 105–372).

22 (B) IMPLEMENTATION.—If the Secretary de23 termines that the pilot projects meet the require24 ments of subparagraph (A), the Secretary may

25 enter into an agreement with the Salton Sea Au-
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1 thority and, in consultation with the Salton Sea

2 Science Office, carry out pilot projects for im3 provement of the environment in the area of the

4 Salton Sea, except that the Secretary shall be a

5 party to each contract for construction under

6 this subsection.

7 (2) LOCAL PARTICIPATION.—In prioritizing pilot

8 projects under this section, the Secretary shall—

9 (A) consult with the Salton Sea Authority

10 and the Salton Sea Science Office; and

11 (B) consider the priorities of the Salton Sea

12 Authority.

13 (3) COST SHARING.—Before carrying out a pilot

14 project under this section, the Secretary shall enter

15 into a written agreement with the Salton Sea Author16 ity that requires the non-Federal interest to—

17 (A) pay 35 percent of the total costs of the

18 pilot project;

19 (B) provide any land, easements, rights-of20 way, relocations, and dredged material disposal

21 areas necessary to carry out the pilot project;

22 and

23 (C) hold the United States harmless from

24 any claim or damage that may arise from car25 rying out the pilot project, except any claim or
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1 damage that may arise from the negligence of the

2 Federal Government or a contractor of the Fed3 eral Government.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out subsection (b)

6 $30,000,000, of which not more than $5,000,000 may be

7 used for any 1 pilot project under this section.

8 SEC. 3027. SANTA BARBARA STREAMS, LOWER MISSION

9 CREEK, CALIFORNIA.

10 The project for flood damage reduction, Santa Barbara

11 Streams, Lower Mission Creek, California, authorized by

12 section 101(b)(8) of the Water Resources Development Act

13 of 2000 (114 Stat. 2577), is modified to authorize the Sec14 retary to construct the project at a total cost of $30,000,000,

15 with an estimated Federal cost of $15,000,000 and an esti16 mated non-Federal cost of $15,000,000.

17 SEC. 3028. UPPER GUADALUPE RIVER, CALIFORNIA.

18 The project for flood damage reduction and recreation,

19 Upper Guadalupe River, California, authorized by section

20 101(a)(9) of the Water Resources Development Act of 1999

21 (113 Stat. 275), is modified to authorize the Secretary to

22 construct the project generally in accordance with the

23 Upper Guadalupe River Flood Damage Reduction, San

24 Jose, California, Limited Reevaluation Report, dated

25 March, 2004, at a total cost of $244,500,000, with an esti-
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1 mated Federal cost of $130,600,000 and an estimated non2 Federal cost of $113,900,000.

3 SEC. 3029. YUBA RIVER BASIN PROJECT, CALIFORNIA.

4 The project for flood damage reduction, Yuba River

5 Basin, California, authorized by section 101(a)(10) of the

6 Water Resources Development Act of 1999 (113 Stat. 275),

7 is modified to authorize the Secretary to construct the

8 project at a total cost of $107,700,000, with an estimated

9 Federal cost of $70,000,000 and an estimated non-Federal

10 cost of $37,700,000.

11 SEC. 3030. CHARLES HERVEY TOWNSHEND BREAKWATER,

12 NEW HAVEN HARBOR, CONNECTICUT.

13 The western breakwater for the project for navigation,

14 New Haven Harbor, Connecticut, authorized by the first

15 section of the Act of September 19, 1890 (26 Stat. 426),

16 shall be known and designated as the ‘‘Charles Hervey

17 Townshend Breakwater’’.

18 SEC. 3031. ANCHORAGE AREA, NEW LONDON HARBOR, CON19 NECTICUT.

20 (a) IN GENERAL.—The portion of the project for navi21 gation, New London Harbor, Connecticut, authorized by the

22 Act of June 13, 1902 (32 Stat. 333), that consists of a 23-

23 foot waterfront channel described in subsection (b), is de24 authorized.
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1 (b) DESCRIPTION OF CHANNEL.—The channel referred

2 to in subsection (a) may be described as beginning at a

3 point along the western limit of the existing project, N. 188,

4 802.75, E. 779, 462.81, thence running northeasterly about

5 1,373.88 feet to a point N. 189, 554.87, E. 780, 612.53,

6 thence running southeasterly about 439.54 feet to a point

7 N. 189, 319.88, E. 780, 983.98, thence running southwest8 erly about 831.58 feet to a point N. 188, 864.63, E. 780,

9 288.08, thence running southeasterly about 567.39 feet to

10 a point N. 188, 301.88, E. 780, 360.49, thence running

11 northwesterly about 1,027.96 feet to the point of origin.

12 SEC. 3032. NORWALK HARBOR, CONNECTICUT.

13 (a) IN GENERAL.—The portions of a 10-foot channel

14 of the project for navigation, Norwalk Harbor, Connecticut,

15 authorized by the first section of the Act of March 2, 1919

16 (40 Stat. 1276) and described in subsection (b), are not au17 thorized.

18 (b) DESCRIPTION OF PORTIONS.—The portions of the

19 channel referred to in subsection (a) are as follows:

20 (1) RECTANGULAR PORTION.—An approximately

21 rectangular-shaped section along the northwesterly

22 terminus of the channel. The section is 35-feet wide

23 and about 460-feet long and is further described as

24 commencing at a point N. 104,165.85, E. 417,662.71,

25 thence running south 24°06′55′′ E. 395.00 feet to a
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1 point N. 103,805.32, E. 417,824.10, thence running

2 south 00°38′06′′ E. 87.84 feet to a point N.

3 103,717.49, E. 417,825.07, thence running north

4 24°06′55′′ W. 480.00 feet, to a point N. 104,155.59,

5 E. 417.628.96, thence running north 73°05′25′′ E.

6 35.28 feet to the point of origin.

7 (2) PARALLELOGRAM-SHAPED PORTION.—An

8 area having the approximate shape of a parallelo9 gram along the northeasterly portion of the channel,

10 southeast of the area described in paragraph (1), ap11 proximately 20 feet wide and 260 feet long, and fur12 ther described as commencing at a point N.

13 103,855.48, E. 417,849.99, thence running south

14 33°07′30′′ E. 133.40 feet to a point N. 103,743.76, E.

15 417,922.89, thence running south 24°07′04′′ E. 127.75

16 feet to a point N. 103,627.16, E. 417,975.09, thence

17 running north 33°07′30′′ W. 190.00 feet to a point N.

18 103,786.28, E. 417,871.26, thence running north

19 17°05′15′′ W. 72.39 feet to the point of origin.

20 (c) MODIFICATION.—The 10-foot channel portion of the

21 Norwalk Harbor, Connecticut navigation project described

22 in subsection (a) is modified to authorize the Secretary to

23 realign the channel to include, immediately north of the

24 area described in subsection (b)(2), a triangular section de25 scribed as commencing at a point N. 103,968.35, E.
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1 417,815.29, thence running S. 17°05′15′′ east 118.09 feet

2 to a point N. 103,855.48, E. 417,849.99, thence running

3 N. 33°07′30′′ west 36.76 feet to a point N. 103,886.27, E.

4 417,829.90, thence running N. 10°05′26′′ west 83.37 feet to

5 the point of origin.

6 SEC. 3033. ST. GEORGE’S BRIDGE, DELAWARE.

7 Section 102(g) of the Water Resources Development Act

8 of 1990 (104 Stat. 4612) is amended by adding at the end

9 the following: ‘‘The Secretary shall assume ownership re10 sponsibility for the replacement bridge not later than the

11 date on which the construction of the bridge is completed

12 and the contractors are released of their responsibility by

13 the State. In addition, the Secretary may not carry out any

14 action to close or remove the St. George’s Bridge, Delaware,

15 without specific congressional authorization.’’.

16 SEC. 3034. ADDITIONAL PROGRAM AUTHORITY, COM17 PREHENSIVE EVERGLADES RESTORATION,

18 FLORIDA.

19 Section 601(c)(3) of the Water Resources Development

20 Act of 2000 (114 Stat. 2684) is amended by adding at the

21 end the following:

22 ‘‘(C) MAXIMUM COST OF PROGRAM AUTHOR23 ITY.—Section 902 of the Water Resources Devel24 opment Act of 1986 (33 U.S.C. 2280) shall apply

25 to the individual project funding limits in sub-
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1 paragraph (A) and the aggregate cost limits in

2 subparagraph (B).’’.

3 SEC. 3035. BREVARD COUNTY, FLORIDA.

4 (a) IN GENERAL.—The project for shoreline protection,

5 Brevard County, Florida, authorized by section 418 of the

6 Water Resources Development Act of 2000 (114 Stat. 2637),

7 is amended by striking ‘‘7.1-mile reach’’ and inserting ‘‘7.6-

8 mile reach’’.

9 (b) REFERENCES.—Any reference to a 7.1-mile reach

10 with respect to the project described in subsection (a) shall

11 be considered to be a reference to a 7.6-mile reach with re12 spect to that project.

13 SEC. 3036. CRITICAL RESTORATION PROJECTS, EVER14 GLADES AND SOUTH FLORIDA ECOSYSTEM

15 RESTORATION, FLORIDA.

16 Section 528(b)(3)(C) of the Water Resources Develop17 ment Act of 1996 (110 Stat. 3769) is amended—

18 (1) in clause (i), by striking ‘‘$75,000,000’’ and

19 all that follows and inserting ‘‘$95,000,000.’’; and

20 (2) by striking clause (ii) and inserting the fol21 lowing:

22 ‘‘(ii) FEDERAL SHARE.—

23 ‘‘(I) IN GENERAL.—Except as pro24 vided in subclause (II), the Federal

25 share of the cost of carrying out a
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1 project under subparagraph (A) shall

2 not exceed $25,000,000.

3 ‘‘(II) SEMINOLE WATER CON4 SERVATION PLAN.—The Federal share

5 of the cost of carrying out the Seminole

6 Water Conservation Plan shall not ex7 ceed $30,000,000.’’.

8 SEC. 3037. LAKE OKEECHOBEE AND HILLSBORO AQUIFER

9 PILOT PROJECTS, COMPREHENSIVE EVER10 GLADES RESTORATION, FLORIDA.

11 Section 601(b)(2)(B) of the Water Resources Develop12 ment Act of 2000 (114 Stat. 2681) is amended by adding

13 at the end the following:

14 ‘‘(v) HILLSBORO AND OKEECHOBEE

15 AQUIFER, FLORIDA.—The pilot projects for

16 aquifer storage and recovery, Hillsboro and

17 Okeechobee Aquifer, Florida, authorized by

18 section 101(a)(16) of the Water Resources

19 Development Act of 1999 (113 Stat. 276),

20 shall be treated for the purposes of this sec21 tion as being in the Plan and carried out

22 in accordance with this section, except that

23 costs of operation and maintenance of those

24 projects shall remain 100 percent non-Fed25 eral.’’.
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1 SEC. 3038. LIDO KEY, SARASOTA COUNTY, FLORIDA.

2 The Secretary shall carry out the project for hurricane

3 and storm damage reduction in Lido Key, Sarasota Coun4 ty, Florida, based on the report of the Chief of Engineers

5 dated December 22, 2004, at a total cost of $14,809,000,

6 with an estimated Federal cost of $9,088,000 and an esti7 mated non-Federal cost of $5,721,000, and at an estimated

8 total cost $63,606,000 for periodic beach nourishment over

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

10 cost of $31,803,000 and an estimated non-Federal cost of

11 $31,803,000.

12 SEC. 3039. PORT SUTTON CHANNEL, TAMPA HARBOR, FLOR13 IDA.

14 The project for navigation, Port Sutton Channel,

15 Tampa Harbor, Florida, authorized by section 101(b)(12)

16 of the Water Resources Development Act of 2000 (114 Stat.

17 2577), is modified to authorize the Secretary to carry out

18 the project at a total cost of $12,900,000.

19 SEC. 3040. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

20 The project for navigation, Tampa Harbor, Florida,

21 authorized by section 101 of the River and Harbor Act of

22 1970 (84 Stat. 1818), is modified to authorize the Secretary

23 to construct passing lanes in an area approximately 3.5

24 miles long and centered on Tampa Bay Cut B, if the Sec25 retary determines that the improvements are necessary for

26 navigation safety.
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1 SEC. 3041. ALLATOONA LAKE, GEORGIA.

2 (a) LAND EXCHANGE.—

3 (1) IN GENERAL.—The Secretary may exchange

4 land above 863 feet in elevation at Allatoona Lake,

5 Georgia, identified in the Real Estate Design Memo6 randum prepared by the Mobile district engineer,

7 April 5, 1996, and approved October 8, 1996, for land

8 on the north side of Allatoona Lake that is required

9 for wildlife management and protection of the water

10 quality and overall environment of Allatoona Lake.

11 (2) TERMS AND CONDITIONS.—The basis for all

12 land exchanges under this subsection shall be a fair

13 market appraisal to ensure that land exchanged is of

14 equal value.

15 (b) DISPOSAL AND ACQUISITION OF LAND, ALLATOONA

16 LAKE, GEORGIA.—

17 (1) IN GENERAL.—The Secretary may—

18 (A) sell land above 863 feet in elevation at

19 Allatoona Lake, Georgia, identified in the memo20 randum referred to in subsection (a)(1); and

21 (B) use the proceeds of the sale, without fur22 ther appropriation, to pay costs associated with

23 the purchase of land required for wildlife man24 agement and protection of the water quality and

25 overall environment of Allatoona Lake.

26 (2) TERMS AND CONDITIONS.—
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1 (A) WILLING SELLERS.—Land acquired

2 under this subsection shall be by negotiated pur3 chase from willing sellers only.

4 (B) BASIS.—The basis for all transactions

5 under this subsection shall be a fair market

6 value appraisal acceptable to the Secretary.

7 (C) SHARING OF COSTS.—Each purchaser

8 of land under this subsection shall share in the

9 associated environmental and real estate costs of

10 the purchase, including surveys and associated

11 fees in accordance with the memorandum re12 ferred to in subsection (a)(1).

13 (D) OTHER CONDITIONS.—The Secretary

14 may impose on the sale and purchase of land

15 under this subsection such other conditions as the

16 Secretary determines to be appropriate.

17 (c) REPEAL.—Section 325 of the Water Resources De18 velopment Act of 1992 (106 Stat. 4849) is repealed.

19 SEC. 3042. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

20 (a) IN GENERAL.—The Secretary shall carry out addi21 tional general construction measures to allow for operation

22 at lower pool levels to satisfy the recreation mission at

23 Dworshak Dam, Idaho.
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1 (b) IMPROVEMENTS.—In carrying out subsection (a),

2 the Secretary shall provide for appropriate improvements

3 to—

4 (1) facilities that are operated by the Corps of

5 Engineers; and

6 (2) facilities that, as of the date of enactment of

7 this Act, are leased, permitted, or licensed for use by

8 others.

9 (c) COST SHARING.—The Secretary shall carry out

10 this section through a cost-sharing program with Idaho

11 State Parks and Recreation Department, with a total esti12 mated project cost of $5,300,000, with an estimated Federal

13 cost of $3,900,000 and an estimated non-Federal cost of

14 $1,400,000.

15 SEC. 3043. LITTLE WOOD RIVER, GOODING, IDAHO.

16 The project for flood control, Gooding, Idaho, as con17 structed under the emergency conservation work program

18 established under the Act of March 31, 1933 (16 U.S.C. 585

19 et seq.), is modified—

20 (1) to direct the Secretary to rehabilitate the

21 Gooding Channel Project for the purposes of flood

22 control and ecosystem restoration, if the Secretary de23 termines that the rehabilitation and ecosystem res24 toration is feasible;
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1 (2) to authorize and direct the Secretary to plan,

2 design, and construct the project at a total cost of

3 $9,000,000;

4 (3) to authorize the non-Federal interest to pro5 vide any portion of the non-Federal share of the cost

6 of the project in the form of services, materials, sup7 plies, or other in-kind contributions;

8 (4) to authorize the non-Federal interest to use

9 funds made available under any other Federal pro10 gram toward the non-Federal share of the cost of the

11 project if the use of the funds is permitted under the

12 other Federal program; and

13 (5) to direct the Secretary, in calculating the

14 non-Federal share of the cost of the project, to make

15 a determination under section 103(m) of the Water

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

17 2213(m)) on the ability to pay of the non-Federal in18 terest.

19 SEC. 3044. PORT OF LEWISTON, IDAHO.

20 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

21 AND USE RESTRICTIONS.—With respect to property covered

22 by each deed described in subsection (b)—

23 (1) the reversionary interests and use restrictions

24 relating to port and industrial use purposes are ex25 tinguished;
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1 (2) the restriction that no activity shall be per2 mitted that will compete with services and facilities

3 offered by public marinas is extinguished;

4 (3) the human habitation or other building

5 structure use restriction is extinguished in each area

6 in which the elevation is above the standard project

7 flood elevation; and

8 (4) the use of fill material to raise low areas

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for

11 which a permit under section 404 of the Federal

12 Water Pollution Control Act (33 U.S.C. 1344) is re13 quired.

14 (b) DEEDS.—The deeds referred to in subsection (a)

15 are as follows:

16 (1) Auditor’s Instrument No. 399218 of Nez

17 Perce County, Idaho, 2.07 acres.

18 (2) Auditor’s Instrument No. 487437 of Nez

19 Perce County, Idaho, 7.32 acres.

20 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

21 section affects the remaining rights and interests of the

22 Corps of Engineers for authorized project purposes with re23 spect to property covered by deeds described in subsection

24 (b).
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1 SEC. 3045. CACHE RIVER LEVEE, ILLINOIS.

2 The Cache River Levee created for flood control at the

3 Cache River, Illinois, and authorized by the Act of June

4 28, 1938 (52 Stat. 1215, chapter 795), is modified to add

5 environmental restoration as a project purpose.

6 SEC. 3046. CHICAGO, ILLINOIS.

7 Section 425(a) of the Water Resources Development

8 Act of 2000 (114 Stat. 2638) is amended by inserting ‘‘Lake

9 Michigan and’’ before ‘‘the Chicago River’’.

10 SEC. 3047. CHICAGO RIVER, ILLINOIS.

11 The Federal navigation channel for the North Branch

12 Channel portion of the Chicago River authorized by section

13 22 of the Act of March 3, 1899 (30 Stat. 1156, chapter 425),

14 extending from 100 feet downstream of the Halsted Street

15 Bridge to 100 feet upstream of the Division Street Bridge,

16 Chicago, Illinois, is redefined to be no wider than 66 feet.

17 SEC. 3048. ILLINOIS RIVER BASIN RESTORATION.

18 Section 519 of the Water Resources Development Act

19 of 2000 (114 Stat. 2654) is amended—

20 (1) in subsection (c)(3), by striking ‘‘$5,000,000’’

21 and inserting ‘‘$20,000,000’’; and

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

23 ‘‘(h) COOPERATION.—In carrying out this section, the

24 Secretary may enter into cooperative agreements, including

25 with the State of Illinois, academic institutions, units of

26 local governments, and soil and water conservation dis-
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1 tricts, to facilitate more efficient partnerships in developing

2 and implementing the Illinois River Basin Restoration

3 Program.’’.

4 SEC. 3049. MISSOURI AND ILLINOIS FLOOD PROTECTION

5 PROJECTS RECONSTRUCTION PILOT PRO6 GRAM.

7 (a) DEFINITION OF RECONSTRUCTION.—In this sec8 tion:

9 (1) IN GENERAL.—The term ‘‘reconstruction’’

10 means any action taken to address 1 or more major

11 deficiencies of a project caused by long-term degrada12 tion of the foundation, construction materials, or en13 gineering systems or components of the project, the re14 sults of which render the project at risk of not per15 forming in compliance with the authorized purposes

16 of the project.

17 (2) INCLUSIONS.—The term ‘‘reconstruction’’ in18 cludes the incorporation by the Secretary of current

19 design standards and efficiency improvements in a

20 project if the incorporation does not significantly

21 change the authorized scope, function, or purpose of

22 the project.

23 (b) PARTICIPATION BY SECRETARY.—The Secretary

24 may participate in the reconstruction of flood control

25 projects within Missouri and Illinois as a pilot program
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1 if the Secretary determines that such reconstruction is not

2 required as a result of improper operation and maintenance

3 by the non-Federal interest.

4 (c) COST SHARING.—

5 (1) IN GENERAL.—Costs for reconstruction of a

6 project under this section shall be shared by the Sec7 retary and the non-Federal interest in the same per8 centages as the costs of construction of the original

9 project were shared.

10 (2) OPERATION, MAINTENANCE, AND REPAIR

11 COSTS.—The costs of operation, maintenance, repair,

12 and rehabilitation of a project carried out under this

13 section shall be a non-Federal responsibility.

14 (d) CRITICAL PROJECTS.—In carrying out this sec15 tion, the Secretary shall give priority to the following

16 projects:

17 (1) Clear Creek Drainage and Levee District, Il18 linois.

19 (2) Fort Chartres and Ivy Landing Drainage

20 District, Illinois.

21 (3) Wood River Drainage and Levee District, Il22 linois.

23 (4) City of St. Louis, Missouri.

24 (5) Missouri River Levee Drainage District, Mis25 souri.
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1 (e) ECONOMIC JUSTIFICATION.—Reconstruction efforts

2 and activities carried out under this section shall not re3 quire economic justification.

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $50,000,000, to remain available until expended.

7 SEC. 3050. SPUNKY BOTTOM, ILLINOIS.

8 (a) IN GENERAL.—The project for flood control, Illi9 nois and Des Plaines River Basin, between Beardstown, Il10 linois, and the mouth of the Illinois River, authorized by

11 section 5 of the Act of June 22, 1936 (49 Stat. 1583, chapter

12 688), is modified to authorize ecosystem restoration as a

13 project purpose.

14 (b) MODIFICATIONS.—

15 (1) IN GENERAL.—Subject to paragraph (2), not16 withstanding the limitation on the expenditure of

17 Federal funds to carry out project modifications in

18 accordance with section 1135 of the Water Resources

19 Development Act of 1986 (33 U.S.C. 2309a), modi20 fications to the project referred to in subsection (a)

21 shall be carried out at Spunky Bottoms, Illinois, in

22 accordance with subsection (a).

23 (2) FEDERAL SHARE.—Not more than

24 $7,500,000 in Federal funds may be expended under
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1 this section to carry out modifications to the project

2 referred to in subsection (a).

3 (3) POST-CONSTRUCTION MONITORING AND MAN4 AGEMENT.—Of the Federal funds expended under

5 paragraph (2), not less than $500,000 shall remain

6 available for a period of 5 years after the date of com7 pletion of construction of the modifications for use in

8 carrying out post-construction monitoring and adapt9 ive management.

10 (c) EMERGENCY REPAIR ASSISTANCE.—Notwith11 standing any modifications carried out under subsection

12 (b), the project described in subsection (a) shall remain eli13 gible for emergency repair assistance under section 5 of the

14 Act of August 18, 1941 (33 U.S.C. 701n), without consider15 ation of economic justification.

16 SEC. 3051. STRAWN CEMETERY, JOHN REDMOND LAKE, KAN17 SAS.

18 (a) IN GENERAL.—As soon as practicable after the

19 date of enactment of this Act, the Secretary, acting through

20 the Tulsa District of the Corps of Engineers, shall transfer

21 to Pleasant Township, Coffey County, Kansas, for use as

22 the New Strawn Cemetery, all right, title, and interest of

23 the United States in and to the land described in subsection

24 (c).
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1 (b) REVERSION.—If the land transferred under this

2 section ceases at any time to be used as a nonprofit ceme3 tery or for another public purpose, the land shall revert to

4 the United States.

5 (c) DESCRIPTION.—The land to be conveyed under this

6 section is a tract of land near John Redmond Lake, Kansas,

7 containing approximately 3 acres and lying adjacent to the

8 west line of the Strawn Cemetery located in the SE corner

of the NE1 9 ⁄4 of sec. 32, T. 20 S., R. 14 E., Coffey County,

10 Kansas.

11 (d) CONSIDERATION.—

12 (1) IN GENERAL.—The conveyance under this

13 section shall be at fair market value.

14 (2) COSTS.—All costs associated with the convey15 ance shall be paid by Pleasant Township, Coffey

16 County, Kansas.

17 (e) OTHER TERMS AND CONDITIONS.—The conveyance

18 under this section shall be subject to such other terms and

19 conditions as the Secretary considers necessary to protect

20 the interests of the United States.

21 SEC. 3052. MILFORD LAKE, MILFORD, KANSAS.

22 (a) IN GENERAL.—Subject to subsections (b) and (c),

23 the Secretary shall convey at fair market value by quitclaim

24 deed to the Geary County Fire Department, Milford, Kan25 sas, all right, title, and interest of the United States in and
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1 to a parcel of land consisting of approximately 7.4 acres

2 located in Geary County, Kansas, for construction, oper3 ation, and maintenance of a fire station.

4 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The

5 exact acreage and the description of the real property re6 ferred to in subsection (a) shall be determined by a survey

7 that is satisfactory to the Secretary.

8 (c) REVERSION.—If the Secretary determines that the

9 property conveyed under subsection (a) ceases to be held in

10 public ownership or to be used for any purpose other than

11 a fire station, all right, title, and interest in and to the

12 property shall revert to the United States, at the option of

13 the United States.

14 SEC. 3053. OHIO RIVER BASIN COMPREHENSIVE PLAN.

15 The Secretary is authorized to conduct a comprehen16 sive, basin-wide plan of the Ohio River Basin to identify

17 the investments and reinvestments in system components

18 that would be necessary and advisable—

19 (1) to ensure protection of lives and property in

20 the area of the Basin; and

21 (2) to sustain the purposes (including flood dam22 age reduction, ecosystem restoration and protection,

23 water supply, recreation, and related purposes) for

24 which the Basin system was developed.
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1 SEC. 3054. HICKMAN BLUFF STABILIZATION, KENTUCKY.

2 The project for Hickman Bluff, Kentucky, authorized

3 by chapter II of title II of the Emergency Supplemental

4 Appropriations and Rescissions for the Department of De5 fense to Preserve and Enhance Military Readiness Act of

6 1995 (109 Stat. 85), is modified to authorize the Secretary

7 to repair and restore the project, at full Federal expense,

8 with no further economic studies or analyses, at a total cost

9 of not more than $250,000.

10 SEC. 3055. MCALPINE LOCK AND DAM, KENTUCKY AND INDI11 ANA.

12 Section 101(a)(10) of the Water Resources Develop13 ment Act of 1990 (104 Stat. 4606) is amended by striking

14 ‘‘$219,600,000’’ each place it appears and inserting

15 ‘‘$430,000,000’’.

16 SEC. 3056. PUBLIC ACCESS, ATCHAFALAYA BASIN

17 FLOODWAY SYSTEM, LOUISIANA.

18 (a) IN GENERAL.—The public access feature of the

19 Atchafalaya Basin Floodway System, Louisiana project,

20 authorized by section 601(a) of the Water Resources Devel21 opment Act of 1986 (100 Stat. 4142), is modified to author22 ize the Secretary to acquire from willing sellers the fee inter23 est (exclusive of oil, gas, and minerals) of an additional

24 20,000 acres of land in the Lower Atchafalaya Basin

25 Floodway for the public access feature of the Atchafalaya

26 Basin Floodway System, Louisiana project.
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1 (b) MODIFICATION.—

2 (1) IN GENERAL.—Subject to paragraph (2), ef3 fective beginning November 17, 1986, the public access

4 feature of the Atchafalaya Basin Floodway System,

5 Louisiana project, is modified to remove the

6 $32,000,000 limitation on the maximum Federal ex7 penditure for the first costs of the public access fea8 ture.

9 (2) FIRST COST.—The authorized first cost of

10 $250,000,000 for the total project (as defined in sec11 tion 601(a) of the Water Resources Development Act

12 of 1986 (100 Stat. 4142)) shall not be exceeded, except

13 as authorized by section 902 of that Act (100 Stat.

14 4183).

15 (c) TECHNICAL AMENDMENT.—Section 315(a)(2) of

16 the Water Resources Development Act of 2000 (114 Stat.

17 2603) is amended by inserting before the period at the end

18 the following: ‘‘and may include Eagle Point Park,

19 Jeanerette, Louisiana, as 1 of the alternative sites’’.

20 SEC. 3057. REGIONAL VISITOR CENTER, ATCHAFALAYA

21 BASIN FLOODWAY SYSTEM, LOUISIANA.

22 (a) PROJECT FOR FLOOD CONTROL.—Notwithstanding

23 paragraph (3) of the report of the Chief of Engineers dated

24 February 28, 1983 (relating to recreational development in

25 the Lower Atchafalaya Basin Floodway), the Secretary
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1 shall carry out the project for flood control, Atchafalaya

2 Basin Floodway System, Louisiana, authorized by chapter

3 IV of title I of the Act of August 15, 1985 (Public Law

4 99–88; 99 Stat. 313; 100 Stat. 4142).

5 (b) VISITORS CENTER.—

6 (1) IN GENERAL.—The Secretary, acting through

7 the Chief of Engineers and in consultation with the

8 State of Louisiana, shall study, design, and construct

9 a type A regional visitors center in the vicinity of

10 Morgan City, Louisiana.

11 (2) COST SHARING.—

12 (A) IN GENERAL.—The cost of construction

13 of the visitors center shall be shared in accord14 ance with the recreation cost-share requirement

15 under section 103(c) of the Water Resources De16 velopment Act of 1986 (33 U.S.C. 2213(c)).

17 (B) COST OF UPGRADING.—The non-Federal

18 share of the cost of upgrading the visitors center

19 from a type B to type A regional visitors center

20 shall be 100 percent.

21 (3) AGREEMENT.—The project under this sub22 section shall be initiated only after the Secretary and

23 the non-Federal interests enter into a binding agree24 ment under which the non-Federal interests shall—
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1 (A) provide any land, easement, right-of2 way, or dredged material disposal area required

3 for the project that is owned, claimed, or con4 trolled by—

5 (i) the State of Louisiana (including

6 agencies and political subdivisions of the

7 State); or

8 (ii) any other non-Federal government

9 entity authorized under the laws of the

10 State of Louisiana;

11 (B) pay 100 percent of the cost of the oper12 ation, maintenance, repair, replacement, and re13 habilitation of the project; and

14 (C) hold the United States free from liabil15 ity for the construction, operation, maintenance,

16 repair, replacement, and rehabilitation of the

17 project, except for damages due to the fault or

18 negligence of the United States or a contractor of

19 the United States.

20 (4) DONATIONS.—In carrying out the project

21 under this subsection, the Mississippi River Commis22 sion may accept the donation of cash or other funds,

23 land, materials, and services from any non-Federal

24 government entity or nonprofit corporation, as the

25 Commission determines to be appropriate.
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1 SEC. 3058. CALCASIEU RIVER AND PASS, LOUISIANA.

2 The project for the Calcasieu River and Pass, Lou3 isiana, authorized by section 101 of the River and Harbor

4 Act of 1960 (74 Stat. 481), is modified to authorize the Sec5 retary to provide $3,000,000 for each fiscal year, in a total

6 amount of $15,000,000, for such rock bank protection of the

7 Calcasieu River from mile 5 to mile 16 as the Chief of Engi8 neers determines to be advisable to reduce maintenance

9 dredging needs and facilitate protection of valuable disposal

10 areas for the Calcasieu River and Pass, Louisiana.

11 SEC. 3059. EAST BATON ROUGE PARISH, LOUISIANA.

12 The project for flood damage reduction and recreation,

13 East Baton Rouge Parish, Louisiana, authorized by section

14 101(a)(21) of the Water Resources Development Act of 1999

15 (113 Stat. 277), as amended by section 116 of the Consoli16 dated Appropriations Resolution, 2003 (117 Stat. 140), is

17 modified to authorize the Secretary to carry out the project

18 substantially in accordance with the Report of the Chief of

19 Engineers dated December 23, 1996, and the subsequent

20 Post Authorization Change Report dated December 2004,

21 at a total cost of $178,000,000.

22 SEC. 3060. MISSISSIPPI RIVER GULF OUTLET RELOCATION

23 ASSISTANCE, LOUISIANA.

24 (a) PORT FACILITIES RELOCATION.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—

26 There is authorized to be appropriated $75,000,000,
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1 to remain available until expended, to support the re2 location of Port of New Orleans deep draft facilities

3 from the Mississippi River Gulf Outlet (referred to in

4 this section as the ‘‘Outlet’’), the Gulf Intercoastal

5 Waterway, and the Inner Harbor Navigation Canal

6 to the Mississippi River.

7 (2) ADMINISTRATION.—

8 (A) IN GENERAL.—Amounts appropriated

9 pursuant to paragraph (1) shall be administered

10 by the Assistant Secretary for Economic Devel11 opment (referred to in this section as the ‘‘Assist12 ant Secretary’’) pursuant to sections 209(c)(2)

13 and 703 of the Public Works and Economic De14 velopment Act of 1965 (42 U.S.C. 3149(c)(2),

15 3233).

16 (B) REQUIREMENT.—The Assistant Sec17 retary shall make amounts appropriated pursu18 ant to paragraph (1) available to the Port of

19 New Orleans to relocate to the Mississippi River

20 within the State of Louisiana the port-owned fa21 cilities that are occupied by businesses in the vi22 cinity that may be impacted due to the treat23 ment of the Outlet under the analysis and design

24 of comprehensive hurricane protection authorized

25 by title I of the Energy and Water Development
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1 Appropriations Act, 2006 (Public Law 109–103;

2 119 Stat. 2247).

3 (b) REVOLVING LOAN FUND GRANTS.—There is au4 thorized to be appropriated to the Assistant Secretary

5 $85,000,000, to remain available until expended, to provide

6 assistance pursuant to sections 209(c)(2) and 703 of the

7 Public Works and Economic Development Act of 1965 (42

8 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipients to

9 establish revolving loan funds to make loans for terms up

10 to 20 years at or below market interest rates (including in11 terest-free loans) to private businesses within the Port of

12 New Orleans that may need to relocate to the Mississippi

13 River within the State of Louisiana due to the treatment

14 of the Outlet under the analysis and design of comprehen15 sive hurricane protection authorized by title I of the Energy

16 and Water Development Appropriations Act, 2006 (Public

17 Law 109–103; 119 Stat. 2247).

18 (c) COORDINATION WITH SECRETARY.—The Assistant

19 Secretary shall ensure that the programs described in sub20 sections (a) and (b) are fully coordinated with the Secretary

21 to ensure that facilities are relocated in a manner that is

22 consistent with the analysis and design of comprehensive

23 hurricane protection authorized by title I of the Energy and

24 Water Development Appropriations Act, 2006 (Public Law

25 109–103; 119 Stat. 2247).
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1 (d) ADMINISTRATIVE EXPENSES.—The Assistant Sec2 retary may use up to 2 percent of the amounts made avail3 able under subsections (a) and (b) for administrative ex4 penses.

5 SEC. 3061. RED RIVER (J. BENNETT JOHNSTON) WATERWAY,

6 LOUISIANA.

7 The project for mitigation of fish and wildlife losses,

8 Red River Waterway, Louisiana, authorized by section

9 601(a) of the Water Resources Development Act of 1986

10 (100 Stat. 4142) and modified by section 4(h) of the Water

11 Resources Development Act of 1988 (102 Stat. 4016), sec12 tion 102(p) of the Water Resources Development Act of 1990

13 (104 Stat. 4613), section 301(b)(7) of the Water Resources

14 Development Act of 1996 (110 Stat. 3710), and section 316

15 of the Water Resources Development Act of 2000 (114 Stat.

16 2604), is further modified—

17 (1) to authorize the Secretary to carry out the

18 project at a total cost of $33,200,000;

19 (2) to permit the purchase of marginal farmland

20 for reforestation (in addition to the purchase of bot21 tomland hardwood); and

22 (3) to incorporate wildlife and forestry manage23 ment practices to improve species diversity on mitiga24 tion land that meets habitat goals and objectives of

25 the Corps of Engineers and the State of Louisiana.
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1 SEC. 3062. CAMP ELLIS, SACO, MAINE.

2 The maximum amount of Federal funds that may be

3 expended for the project being carried out under section 111

4 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for

5 the mitigation of shore damages attributable to the project

6 for navigation, Camp Ellis, Saco, Maine, shall be

7 $25,000,000.

8 SEC. 3063. ROCKLAND HARBOR, MAINE.

9 As of the date of enactment of this Act, the portion

10 of the project for navigation, Rockland Harbor, Maine, au11 thorized by the Act of June 3, 1896 (29 Stat. 202, chapter

12 314), consisting of a 14-foot channel located in Lermond

13 Cove and beginning at a point with coordinates N.

14 99977.37, E. 340290.02, thence running easterly about

15 200.00 feet to a point with coordinates N. 99978.49, E.

16 340490.02, thence running northerly about 138.00 feet to

17 a point with coordinates N. 100116.49, E. 340289.25,

18 thence running westerly about 200.00 feet to a point with

19 coordinates N. 100115.37, E. 340289.25, thence running

20 southerly about 138.00 feet to the point of origin, is not

21 authorized.

22 SEC. 3064. ROCKPORT HARBOR, MAINE.

23 (a) IN GENERAL.—The portion of the project for navi24 gation, Rockport Harbor, Maine, authorized by the first sec25 tion of the Act of August 11, 1888 (25 Stat. 400), located
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1 within the 12-foot anchorage described in subsection (b) is

2 not authorized.

3 (b) DESCRIPTION OF ANCHORAGE.—The anchorage re4 ferred to in subsection (a) is more particularly described

5 as—

6 (1) beginning at the westernmost point of the an7 chorage at N. 128800.00, E. 349311.00;

8 (2) thence running north 12 degrees, 52 minutes,

9 37.2 seconds, east 127.08 feet to a point at N.

10 128923.88, E349339.32;

11 (3) thence running north 17 degrees, 40 minutes,

12 13.0 seconds, east 338.61 feet to a point at N.

13 129246.51, E/ 349442.10;

14 (4) thence running south 89 degrees, 21 minutes,

15 21.0 seconds, east 45.36 feet to a point at N.

16 129246.00, E. 349487.46;

17 (5) thence running south 44 degrees, 13 minutes,

18 32.6 seconds, east 18.85 feet to a point at N.

19 129232.49, E. 349500.61;

20 (6) thence running south 17 degrees, 40 minutes

21 13.0 seconds, west 340.50 feet to a point at N.

22 128908.06, E. 349397.25;

23 (7) thence running south 12 degrees, 52 minutes,

24 37.2 seconds, west 235.41 feet to a point at N.

25 128678.57, E. 349344.79; and
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1 (8) thence running north 15 degrees, 32 minutes,

2 59.3 seconds, west 126.04 feet to the point of origin.

3 SEC. 3065. SACO RIVER, MAINE.

4 The portion of the project for navigation, Saco River,

5 Maine, authorized under section 107 of the River and Har6 bor Act of 1960 (74 Stat. 486), and described as a 6-foot

7 deep, 10-acre maneuvering basin located at the head of

8 navigation, is redesignated as an anchorage area.

9 SEC. 3066. UNION RIVER, MAINE.

10 The project for navigation, Union River, Maine, au11 thorized by the first section of the Act of June 3, 1896 (29

12 Stat. 215, chapter 314), is modified by redesignating as an

13 anchorage area that portion of the project consisting of a

14 6-foot turning basin and lying northerly of a line com15 mencing at a point N. 315,975.13, E. 1,004,424.86, thence

16 running N. 61°27′20.71′′ W. about 132.34 feet to a point

17 N. 316,038.37, E. 1,004,308.61.

18 SEC. 3067. BALTIMORE HARBOR AND CHANNELS, MARY19 LAND AND VIRGINIA.

20 (a) IN GENERAL.—Notwithstanding section 1001(b)(2)

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

22 579a(b)(2)), the project for navigation, Baltimore Harbor

23 and Channels, Maryland and Virginia, authorized by sec24 tion 101 of the River and Harbor Act of 1970 (84 Stat.
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1 1818), shall remain authorized to be carried out by the Sec2 retary.

3 (b) LIMITATION.—The 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 enactment

6 of this Act, unless, during that period, funds have been obli7 gated for the construction (including planning and design)

8 of the project.

9 SEC. 3068. CHESAPEAKE BAY ENVIRONMENTAL RESTORA10 TION AND PROTECTION PROGRAM, MARY11 LAND, PENNSYLVANIA, AND VIRGINIA.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

13 510 of the Water Resources Development Act of 1996 (110

14 Stat. 3759) is amended—

15 (1) in subsection (a)(1), by striking ‘‘pilot’’;

16 (2) in subsection (d)(2), by adding at the end the

17 following:

18 ‘‘(C) IN-KIND SERVICES.—The non-Federal

19 share of the project costs of a partnership agree20 ment entered into under this section may include

21 in-kind services.’’;

22 (3) by striking subsection (f) and inserting the

23 following:

24 ‘‘(f) PROJECTS.—The Secretary may carry out projects

25 under this section in the States of Delaware, New York,
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1 Maryland, Pennsylvania, Virginia, and West Virginia, and

2 the District of Columbia.’’; and

3 (4) in subsection (i), by striking ‘‘$10,000,000’’

4 and inserting ‘‘$30,000,000’’.

5 (b) NONNATIVE OYSTER SPECIES.—The matter under

6 the heading ‘‘CONSTRUCTION, GENERAL’’ under the heading

7 ‘‘CORPS OF ENGINEERS–CIVIL’’ under the heading ‘‘DE8 PARTMENT OF THE ARMY’’ of title I of the Energy and

9 Water Development Appropriations Act, 2004 (Public Law

10 108–137; 117 Stat. 1828) is amended in the twenty-first

11 proviso by striking ‘‘$2,000,000’’ and inserting

12 ‘‘$3,500,000’’.

13 SEC. 3069. FLOOD PROTECTION PROJECT, CUMBERLAND,

14 MARYLAND.

15 Section 580(a) of the Water Resources Development

16 Act of 1999 (113 Stat. 375) is amended—

17 (1) by striking ‘‘$15,000,000’’ and inserting

18 ‘‘$25,750,000’’;

19 (2) by striking ‘‘$9,750,000’’ and inserting

20 ‘‘$16,378,000’’; and

21 (3) by striking ‘‘$5,250,000’’ and inserting

22 ‘‘$9,012,000’’.

23 SEC. 3070. AUNT LYDIA’S COVE, MASSACHUSETTS.

24 (a) DEAUTHORIZATION.—The portion of the project for

25 navigation, Aunt Lydia’s Cove, Massachusetts, authorized
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1 August 31, 1994, pursuant to section 107 of the Act of July

2 14, 1960 (33 U.S.C. 577) (commonly known as the ‘‘River

3 and Harbor Act of 1960’’), consisting of the 8-foot deep an4 chorage in the cove described in subsection (b) is deauthor5 ized.

6 (b) DESCRIPTION.—The portion of the project de7 scribed in subsection (a) is more particularly described as

8 the portion beginning at a point along the southern limit

9 of the existing project, N. 254332.00, E. 1023103.96, thence

10 running northwesterly about 761.60 feet to a point along

11 the western limit of the existing project N. 255076.84, E.

12 1022945.07, thence running southwesterly about 38.11 feet

13 to a point N. 255038.99, E. 1022940.60, thence running

14 southeasterly about 267.07 feet to a point N. 254772.00, E.

15 1022947.00, thence running southeasterly about 462.41 feet

16 to a point N. 254320.06, E. 1023044.84, thence running

17 northeasterly about 60.31 feet to the point of origin.

18 SEC. 3071. FALL RIVER HARBOR, MASSACHUSETTS AND

19 RHODE ISLAND.

20 (a) IN GENERAL.—Notwithstanding section 1001(b)(2)

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

22 579a(b)(2)), the project for navigation, Fall River Harbor,

23 Massachusetts and Rhode Island, authorized by section 101

24 of the River and Harbor Act of 1968 (82 Stat. 731), shall

25 remain authorized to be carried out by the Secretary, except
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1 that the authorized depth of that portion of the project ex2 tending riverward of the Charles M. Braga, Jr. Memorial

3 Bridge, Fall River and Somerset, Massachusetts, shall not

4 exceed 35 feet.

5 (b) FEASIBILITY.—The Secretary shall conduct a study

6 to determine the feasibility of deepening that portion of the

7 navigation channel of the navigation project for Fall River

8 Harbor, Massachusetts and Rhode Island, authorized by sec9 tion 101 of the River and Harbor Act of 1968 (82 Stat.

10 731), seaward of the Charles M. Braga, Jr. Memorial

11 Bridge Fall River and Somerset, Massachusetts.

12 (c) LIMITATION.—The project described in subsection

13 (a) shall not be authorized for construction after the last

14 day of the 5-year period beginning on the date of enactment

15 of this Act unless, during that period, funds have been obli16 gated for construction (including planning and design) of

17 the project.

18 SEC. 3072. NORTH RIVER, PEABODY, MASSACHUSETTS.

19 The Secretary shall expedite completion of the report

20 for the project North River, Peabody, Massachusetts, being

21 carried out under section 205 of the Flood Control Act of

22 1948 (33 U.S.C. 701s).

23 SEC. 3073. ECORSE CREEK, MICHIGAN.

24 (a) IN GENERAL.—Notwithstanding section 1001(b)(2)

25 of the Water Resources Development Act of 1986 (33 U.S.C.
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1 579a(b)(2)), the project for flood control, Ecorse Creek,

2 Wayne County, Michigan, authorized by section 101(a)(14)

3 of the Water Resources Development Act of 1990 (104 Stat.

4 4607) shall remain authorized to be carried out by the Sec5 retary.

6 (b) LIMITATION.—A project described in subsection (a)

7 shall not be authorized for construction after the last day

8 of the 5-year period beginning on the date of enactment of

9 this Act, unless, during that period, funds have been obli10 gated for the construction (including planning and design)

11 of the project.

12 SEC. 3074. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI13 GAN.

14 Section 426 of the Water Resources Development Act

15 of 1999 (113 Stat. 326) is amended to read as follows:

16 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

17 ‘‘(a) DEFINITIONS.—In this section:

18 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage19 ment plan’ means the management plan for the St.

20 Clair River and Lake St. Clair, Michigan, that is in

21 effect as of the date of enactment of this section.

22 ‘‘(2) PARTNERSHIP.—The term ‘Partnership’

23 means the partnership established by the Secretary

24 under subsection (b)(1).

25 ‘‘(b) PARTNERSHIP.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall establish

2 and lead a partnership of appropriate Federal agen3 cies (including the Environmental Protection Agency)

4 and the State of Michigan (including political sub5 divisions of the State)—

6 ‘‘(A) to promote cooperation among the Fed7 eral Government, State and local governments,

8 and other involved parties in the management of

9 the St. Clair River and Lake St. Clair water10 sheds; and

11 ‘‘(B) develop and implement projects con12 sistent with the management plan.

13 ‘‘(2) COORDINATION WITH ACTIONS UNDER

14 OTHER LAW.—

15 ‘‘(A) IN GENERAL.—Actions taken under

16 this section by the Partnership shall be coordi17 nated with actions to restore and conserve the St.

18 Clair River and Lake St. Clair and watersheds

19 taken under other provisions of Federal and

20 State law.

21 ‘‘(B) NO EFFECT ON OTHER LAW.—Nothing

22 in this section alters, modifies, or affects any

23 other provision of Federal or State law.

24 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND LAKE

25 ST. CLAIR MANAGEMENT PLAN.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall—

2 ‘‘(A) develop a St. Clair River and Lake St.

3 Clair strategic implementation plan in accord4 ance with the management plan;

5 ‘‘(B) provide technical, planning, and engi6 neering assistance to non-Federal interests for

7 developing and implementing activities con8 sistent with the management plan;

9 ‘‘(C) plan, design, and implement projects

10 consistent with the management plan; and

11 ‘‘(D) provide, in coordination with the Ad12 ministrator of the Environmental Protection

13 Agency, financial and technical assistance, in14 cluding grants, to the State of Michigan (includ15 ing political subdivisions of the State) and inter16 ested nonprofit entities for the planning, design,

17 and implementation of projects to restore, con18 serve, manage, and sustain the St. Clair River,

19 Lake St. Clair, and associated watersheds.

20 ‘‘(2) SPECIFIC MEASURES.—Financial and tech21 nical assistance provided under subparagraphs (B)

22 and (C) of paragraph (1) may be used in support of

23 non-Federal activities consistent with the manage24 ment plan.
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1 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

2 STRATEGIC IMPLEMENTATION PLAN.—In consultation with

3 the Partnership and after providing an opportunity for

4 public review and comment, the Secretary shall develop in5 formation to supplement—

6 ‘‘(1) the management plan; and

7 ‘‘(2) the strategic implementation plan developed

8 under subsection (c)(1)(A).

9 ‘‘(e) COST SHARING.—

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

11 share of the cost of technical assistance, or the cost of

12 planning, design, construction, and evaluation of a

13 project under subsection (c), and the cost of develop14 ment of supplementary information under subsection

15 (d)—

16 ‘‘(A) shall be 25 percent of the total cost of

17 the project or development; and

18 ‘‘(B) may be provided through the provision

19 of in-kind services.

20 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

21 RIGHTS-OF-WAY.—The Secretary shall credit the non22 Federal sponsor for the value of any land, easements,

23 rights-of-way, dredged material disposal areas, or re24 locations provided for use in carrying out a project

25 under subsection (c).
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1 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding

2 section 221 of the Flood Control Act of 1970 (42

3 U.S.C. 1962d–5b), a non-Federal sponsor for any

4 project carried out under this section may include a

5 nonprofit entity.

6 ‘‘(4) OPERATION AND MAINTENANCE.—The oper7 ation, maintenance, repair, rehabilitation, and re8 placement of projects carried out under this section

9 shall be non-Federal responsibilities.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $20,000,000.’’.

13 SEC. 3075. DULUTH HARBOR, MINNESOTA.

14 (a) IN GENERAL.—Notwithstanding the cost limita15 tion described in section 107(b) of the River and Harbor

16 Act of 1960 (33 U.S.C. 577(b)), the Secretary shall carry

17 out the project for navigation, Duluth Harbor, Minnesota,

18 pursuant to the authority provided under that section at

19 a total Federal cost of $9,000,000.

20 (b) PUBLIC ACCESS AND RECREATIONAL FACILI21 TIES.—Section 321 of the Water Resources Development Act

22 of 2000 (114 Stat. 2605) is amended by inserting ‘‘, and

23 to provide public access and recreational facilities’’ after

24 ‘‘including any required bridge construction’’.
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1 SEC. 3076. PROJECT FOR ENVIRONMENTAL ENHANCEMENT,

2 MISSISSIPPI AND LOUISIANA ESTUARINE

3 AREAS, MISSISSIPPI AND LOUISIANA.

4 (a) VIOLET DIVERSION PROJECT.—The Secretary

5 shall redesign and implement the project for environmental

6 enhancement, Mississippi and Louisiana Estuarine Areas,

7 Mississippi and Louisiana, authorized by section 3(a)(8)

8 of the Water Resources Development Act of 1988 (102 Stat.

9 4014), in lieu of diversion of freshwater at the Bonnet Carre

10 Spillway using a diversion of water at or near Violet, Lou11 isiana, if the following criteria can be met by the redesign:

12 (1) Achieve the salinity targets to at least the

13 same extent as the diversion of freshwater at the Bon14 net Carre Spillway for the Mississippi Sound identi15 fied in the feasibility study entitled ‘‘Mississippi and

16 Louisiana Estuarine areas: Freshwater Diversion to

17 Lake Pontchartrain Basin and Mississippi Sound’’

18 and dated 1984.

19 (2) Not delay the completion of the design and

20 construction of the project beyond the dates identified

21 in subsections (e) and (f).

22 (3) Not change the cost-share attributable to the

23 Bonnet Carre Freshwater Diversion Project.

24 (b) DEFINITION.—For the purposes of this section, the

25 term ‘‘Bonnet Carre Freshwater Diversion Project’’ is de26 fined as the recommended alternative as described in the
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1 report of the Chief of Engineers for the project for environ2 mental enhancement, Mississippi and Louisiana Estuarine

3 Areas, Mississippi and Louisiana, May, 1986, and ref4 erenced in Public Law 104–303 and described in the Report

5 to Congress on the Bonnet Carre Freshwater Diversion

6 Project Status and Potential Options and Enhancement of

7 December 1996.

8 (c) BONNET CARRE FRESHWATER DIVERSION

9 PROJECT.—If the redesign in subsection (a) does not meet

10 the criteria therein, the Secretary shall implement the Bon11 net Carre Freshwater Diversion Project.

12 (d) NON-FEDERAL FINANCING REQUIREMENTS.—

13 (1) The States of Mississippi and Louisiana

14 shall provide the funds needed during any fiscal year

15 for meeting each State’s respective non-Federal cost

16 sharing requirements for the project for environ17 mental enhancement, Mississippi and Louisiana Es18 tuarine Areas, Mississippi and Louisiana, that fiscal

19 year by making deposits of the necessary funds into

20 an escrow account or into such other account as the

21 Secretary determines to be acceptable. Any deposits

22 required pursuant to this paragraph shall be made by

23 the affected State within 30 days after receipt of noti24 fication from the Secretary that such funds are due.
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1 (2) In the case of deposits required to be made

2 by the State of Louisiana, the Secretary may not

3 award any new contract or proceed to the next phase

4 of any feature being carried out in the State of Lou5 isiana pursuant to section 1003 if the State of Lou6 isiana is not in compliance with paragraph (1).

7 (3) In the case of deposits required to be made

8 by the State of Mississippi, the Secretary may not

9 award any new contract or proceed to the next phase

10 of any feature being carried out as a part of the

11 project for environmental enhancement, Mississippi

12 and Louisiana Estuarine Areas, Mississippi and

13 Louisiana if the State of Mississippi is not in compli14 ance with paragraph (1).

15 (4) The non-Federal share of project costs shall

16 be allocated between the States of Mississippi and

17 Louisiana as described in the Report to Congress on

18 the Bonnet Carre Freshwater Diversion Project Status

19 and Potential Options and Enhancement of December

20 1996.

21 (5) The modification of the project for environ22 mental enhancement, Mississippi and Louisiana Es23 tuarine Areas, Mississippi and Louisiana, by this sec24 tion shall not reduce the percentage of the cost of the

25 project that shall be paid by the Federal government
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1 as it was determined upon enactment of section

2 3(a)(8) of the Water Resources Development Act of

3 1988 (102 Stat. 4014).

4 (e) DESIGN SCHEDULE.—

5 (1) IN GENERAL.—Subject to the availability of

6 appropriations, the Secretary shall complete the de7 sign of the project for environmental enhancement,

8 Mississippi and Louisiana Estuarine Areas, Mis9 sissippi and Louisiana, not later than 2 years after

10 the date of enactment of this Act.

11 (2) MISSED DEADLINE.—If the Secretary does

12 not complete the design described in paragraph (1) by

13 such date, the Secretary shall assign such resources as

14 available and necessary to complete the design and

15 the Secretary’s authority to expend funds for travel,

16 official receptions, and official representations is sus17 pended until such design is complete.

18 (f) CONSTRUCTION SCHEDULE.—

19 (1) IN GENERAL.—Subject to the availability of

20 appropriations, the Secretary shall complete construc21 tion of the project for environmental enhancement,

22 Mississippi and Louisiana Estuarine Areas, Mis23 sissippi and Louisiana, not later than September 30,

24 2012.
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1 (2) MISSED DEADLINE.—If the Secretary does

2 not complete the construction described in paragraph

3 (1) by such date, the Secretary shall assign such re4 sources as available and necessary to complete the

5 construction and the Secretary’s authority to expend

6 funds for travel, official receptions, and official rep7 resentations is suspended until such construction is

8 complete.

9 SEC. 3077. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

10 (a) DEFINITIONS.—In this section:

11 (1) FEDERAL LAND.—The term ‘‘Federal land’’

12 means the 2 parcels of Corps of Engineers land total13 ing approximately 42 acres, located on Buffalo Island

14 in Pike County, Missouri, and consisting of Govern15 ment Tract Numbers MIS–7 and a portion of FM–

16 46.

17 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the approximately 42 acres of land,

19 subject to any existing flowage easements situated in

20 Pike County, Missouri, upstream and northwest,

21 about 200 feet from Drake Island (also known as

22 Grimes Island).

23 (b) LAND EXCHANGE.—Subject to subsection (c), on

24 conveyance by S.S.S., Inc., to the United States of all right,

25 title, and interest in and to the non-Federal land, the Sec-
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1 retary shall convey to S.S.S., Inc., all right, title, and inter2 est of the United States in and to the Federal land.

3 (c) CONDITIONS.—

4 (1) DEEDS.—

5 (A) NON-FEDERAL LAND.—The conveyance

6 of the non-Federal land to the Secretary shall be

7 by a warranty deed acceptable to the Secretary.

8 (B) FEDERAL LAND.—The conveyance of the

9 Federal land to S.S.S., Inc., shall be—

10 (i) by quitclaim deed; and

11 (ii) subject to any reservations, terms,

12 and conditions that the Secretary deter13 mines to be necessary to allow the United

14 States to operate and maintain the Mis15 sissippi River 9-Foot Navigation Project.

16 (C) LEGAL DESCRIPTIONS.—The Secretary

17 shall, subject to approval of S.S.S., Inc., provide

18 a legal description of the Federal land and non19 Federal land for inclusion in the deeds referred

20 to in subparagraphs (A) and (B).

21 (2) REMOVAL OF IMPROVEMENTS.—

22 (A) IN GENERAL.—The Secretary may re23 quire the removal of, or S.S.S., Inc., may volun24 tarily remove, any improvements to the non-Fed-
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1 eral land before the completion of the exchange or

2 as a condition of the exchange.

3 (B) NO LIABILITY.—If S.S.S., Inc., removes

4 any improvements to the non-Federal land under

5 subparagraph (A)—

6 (i) S.S.S., Inc., shall have no claim

7 against the United States relating to the re8 moval; and

9 (ii) the United States shall not incur

10 or be liable for any cost associated with the

11 removal or relocation of the improvements.

12 (3) ADMINISTRATIVE COSTS.—The Secretary

13 shall require S.S.S., Inc. to pay reasonable adminis14 trative costs associated with the exchange.

15 (4) CASH EQUALIZATION PAYMENT.—If the ap16 praised fair market value, as determined by the Sec17 retary, of the Federal land exceeds the appraised fair

18 market value, as determined by the Secretary, of the

19 non-Federal land, S.S.S., Inc., shall make a cash

20 equalization payment to the United States.

21 (5) DEADLINE.—The land exchange under sub22 section (b) shall be completed not later than 2 years

23 after the date of enactment of this Act.
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1 SEC. 3078. L–15 LEVEE, MISSOURI.

2 The portion of the L–15 levee system that is under the

3 jurisdiction of the Consolidated North County Levee Dis4 trict and situated along the right descending bank of the

5 Mississippi River from the confluence of that river with the

6 Missouri River and running upstream approximately 14

7 miles shall be considered to be a Federal levee for purposes

8 of cost sharing under section 5 of the Act of August 18,

9 1941 (33 U.S.C. 701n).

10 SEC. 3079. UNION LAKE, MISSOURI.

11 (a) IN GENERAL.—The Secretary shall offer to convey

12 to the State of Missouri all right, title, and interest in and

13 to approximately 205.50 acres of land described in sub14 section (b) purchased for the Union Lake Project that was

15 deauthorized as of January 1, 1990 (55 Fed. Reg. 40906),

16 in accordance with section 1001 of the Water Resources De17 velopment Act of 1986 (33 U.S.C. 579a(a)).

18 (b) LAND DESCRIPTION.—The land referred to in sub19 section (a) is described as follows:

20 (1) TRACT 500.—A tract of land situated in

Franklin County, Missouri, being part of the SW1 21 ⁄4

of sec. 7, and the NW1⁄4 of the SW1 22 ⁄4 of sec. 8, T. 42

23 N., R. 2 W. of the fifth principal meridian, consisting

24 of approximately 112.50 acres.

25 (2) TRACT 605.—A tract of land situated in

Franklin County, Missouri, being part of the N1 26 ⁄2 of
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1 the NE, and part of the SE of the NE of sec. 18, T.

2 42 N., R. 2 W. of the fifth principal meridian, con3 sisting of approximately 93.00 acres.

4 (c) CONVEYANCE.—On acceptance by the State of Mis5 souri of the offer by the Secretary under subsection (a), the

6 land described in subsection (b) shall immediately be con7 veyed, in its current condition, by Secretary to the State

8 of Missouri.

9 SEC. 3080. LOWER YELLOWSTONE PROJECT, MONTANA.

10 The Secretary may use funds appropriated to carry

11 out the Missouri River recovery and mitigation program

12 to assist the Bureau of Reclamation in the design and con13 struction of the Lower Yellowstone project of the Bureau,

14 Intake, Montana, for the purpose of ecosystem restoration.

15 SEC. 3081. YELLOWSTONE RIVER AND TRIBUTARIES, MON16 TANA AND NORTH DAKOTA.

17 (a) DEFINITION OF RESTORATION PROJECT.—In this

18 section, the term ‘‘restoration project’’ means a project that

19 will produce, in accordance with other Federal programs,

20 projects, and activities, substantial ecosystem restoration

21 and related benefits, as determined by the Secretary.

22 (b) PROJECTS.—The Secretary shall carry out, in ac23 cordance with other Federal programs, projects, and activi24 ties, restoration projects in the watershed of the Yellowstone

25 River and tributaries in Montana, and in North Dakota,
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1 to produce immediate and substantial ecosystem restoration

2 and recreation benefits.

3 (c) LOCAL PARTICIPATION.—In carrying out sub4 section (b), the Secretary shall—

5 (1) consult with, and consider the activities

6 being carried out by—

7 (A) other Federal agencies;

8 (B) Indian tribes;

9 (C) conservation districts; and

10 (D) the Yellowstone River Conservation Dis11 trict Council; and

12 (2) seek the full participation of the State of

13 Montana.

14 (d) COST SHARING.—Before carrying out any restora15 tion project under this section, the Secretary shall enter into

16 an agreement with the non-Federal interest for the restora17 tion project under which the non-Federal interest shall

18 agree—

19 (1) to provide 35 percent of the total cost of the

20 restoration project, including necessary land, ease21 ments, rights-of-way, relocations, and disposal sites;

22 (2) to pay the non-Federal share of the cost of

23 feasibility studies and design during construction fol24 lowing execution of a project cooperation agreement;
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1 (3) to pay 100 percent of the operation, mainte2 nance, repair, replacement, and rehabilitation costs

3 incurred after the date of enactment of this Act that

4 are associated with the restoration project; and

5 (4) to hold the United States harmless for any

6 claim of damage that arises from the negligence of the

7 Federal Government or a contractor of the Federal

8 Government in carrying out the restoration project.

9 (e) FORM OF NON-FEDERAL SHARE.—Not more than

10 50 percent of the non-Federal share of the cost of a restora11 tion project carried out under this section may be provided

12 in the form of in-kind credit for work performed during

13 construction of the restoration project.

14 (f) NON-FEDERAL INTERESTS.—Notwithstanding sec15 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

16 5b), with the consent of the applicable local government, a

17 nonprofit entity may be a non-Federal interest for a res18 toration project carried out under this section.

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $30,000,000.

22 SEC. 3082. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.

23 The project for ecosystem restoration and flood damage

24 reduction, Western Sarpy and Clear Creek, Nebraska, au25 thorized by section 101(b)(21) of the Water Resources Devel-
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1 opment Act of 2000 (114 Stat. 2578), is modified to author2 ize the Secretary to construct the project at a total cost of

3 $21,664,000, with an estimated Federal cost of $14,082,000

4 and an estimated non-Federal cost of $7,582,000.

5 SEC. 3083. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE6 VADA.

7 The maximum amount of Federal funds that may be

8 expended for the project being carried out, as of the date

9 of enactment of this Act, under section 1135 of the Water

10 Resources Development Act of 1986 (33 U.S.C. 2309a) for

11 environmental restoration of McCarran Ranch, Nevada,

12 shall be $5,775,000.

13 SEC. 3084. COOPERATIVE AGREEMENTS, NEW MEXICO.

14 The Secretary may enter into cooperative agreements

15 with any Indian tribe any land of which is located in the

16 State of New Mexico and occupied by a flood control project

17 that is owned and operated by the Corps of Engineers to

18 assist in carrying out any operation or maintenance activ19 ity associated with the flood control project.

20 SEC. 3085. MIDDLE RIO GRANDE RESTORATION, NEW MEX21 ICO.

22 (a) RESTORATION PROJECTS.—

23 (1) DEFINITION.—The term ‘‘restoration project’’

24 means a project that will produce, consistent with

25 other Federal programs, projects, and activities, im-
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1 mediate and substantial ecosystem restoration and

2 recreation benefits.

3 (2) PROJECTS.—The Secretary shall carry out

4 restoration projects in the Middle Rio Grande from

5 Cochiti Dam to the headwaters of Elephant Butte

6 Reservoir, in the State of New Mexico.

7 (b) PROJECT SELECTION.—The Secretary shall select

8 restoration projects in the Middle Rio Grande.

9 (c) LOCAL PARTICIPATION.—In carrying out sub10 section (b), the Secretary shall consult with, and consider

11 the activities being carried out by—

12 (1) the Middle Rio Grande Endangered Species

13 Act Collaborative Program; and

14 (2) the Bosque Improvement Group of the Middle

15 Rio Grande Bosque Initiative.

16 (d) COST SHARING.—

17 (1) PROJECTS ON FEDERAL LAND.—Each res18 toration project under this section located on Federal

19 land shall be carried out at full Federal expense.

20 (2) OTHER PROJECTS.—For any restoration

21 project located on non-Federal land, before carrying

22 out the restoration project under this section, the Sec23 retary shall enter into an agreement with non-Federal

24 interests that requires the non-Federal interests to—
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1 (A) provide 35 percent of the total cost of

2 the restoration projects including provisions for

3 necessary lands, easements, rights-of-way, reloca4 tions, and disposal sites;

5 (B) pay 100 percent of the operation, main6 tenance, repair, replacement, and rehabilitation

7 costs incurred after the date of the enactment of

8 this Act that are associated with the restoration

9 projects; and

10 (C) hold the United States harmless for any

11 claim of damage that arises from the negligence

12 of the Federal Government or a contractor of the

13 Federal Government.

14 (e) NON-FEDERAL INTERESTS.—Not withstanding sec15 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

16 5b), a non-Federal interest for any project carried out

17 under this section may include a nonprofit entity, with the

18 consent of the local government.

19 (f) RECREATIONAL FEATURES.—

20 (1) IN GENERAL.—Subject to paragraph (2), any

21 recreational feature included as part of a restoration

22 project shall comprise not more than 30 percent of the

23 cost of the restoration project.

24 (2) REQUIREMENT.—The cost of any recreational

25 feature included as part of a restoration project in ex-
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1 cess of the amount described in paragraph (1) shall

2 be paid by the non-Federal interest.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated $25,000,000 to carry out this

5 section.

6 SEC. 3086. LONG ISLAND SOUND OYSTER RESTORATION,

7 NEW YORK AND CONNECTICUT.

8 (a) IN GENERAL.—The Secretary shall plan, design,

9 and construct projects to increase aquatic habitats within

10 Long Island Sound and adjacent waters, including the con11 struction and restoration of oyster beds and related shellfish

12 habitat.

13 (b) COST SHARING.—The non-Federal share of the cost

14 of activities carried out under this section shall be 25 per15 cent and may be provided through in-kind services and ma16 terials.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $25,000,000 to carry out this

19 section.

20 SEC. 3087. MAMARONECK AND SHELDRAKE RIVERS WATER21 SHED MANAGEMENT, NEW YORK.

22 (a) WATERSHED MANAGEMENT PLAN DEVELOP23 MENT.—

24 (1) IN GENERAL.—The Secretary, in consultation

25 with the State of New York and local entities, shall
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1 develop watershed management plans for the Ma2 maroneck and Sheldrake River watershed for the pur3 poses of evaluating existing and new flood damage re4 duction and ecosystem restoration.

5 (2) EXISTING PLANS.—In developing the water6 shed management plans, the Secretary shall use exist7 ing studies and plans, as appropriate.

8 (b) CRITICAL RESTORATION PROJECTS.—

9 (1) IN GENERAL.—The Secretary may partici10 pate in any eligible critical restoration project in the

11 Mamaroneck and Sheldrake Rivers watershed in ac12 cordance with the watershed management plan devel13 oped under subsection (a).

14 (2) ELIGIBLE PROJECTS.—A critical restoration

15 project shall be eligible for assistance under this sec16 tion if the project—

17 (A) meets the purposes described in the wa18 tershed management plan developed under sub19 section (a); and

20 (B) with respect to the Mamaroneck and

21 Sheldrake Rivers watershed in New York, con22 sists of flood damage reduction or ecosystem

23 restoration—

24 (i) bank stabilization of the mainstem,

25 tributaries, and streams;
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1 (ii) wetland restoration;

2 (iii) soil and water conservation;

3 (iv) restoration of natural flows;

4 (v) restoration of stream stability;

5 (vi) structural and nonstructural flood

6 damage reduction measures; or

7 (vii) any other project or activity the

8 Secretary determines to be appropriate.

9 (c) COST SHARING.—The Federal share of the cost of

10 implementing any project carried out under this section

11 shall be 65 percent.

12 (d) NON-FEDERAL INTEREST.—A nonprofit organiza13 tion may serve as the non-Federal interest for a project car14 ried out under this section.

15 (e) COOPERATIVE AGREEMENTS.—In carrying out this

16 section, the Secretary may enter into 1 or more cooperative

17 agreements to provide financial assistance to appropriate

18 Federal, State, or local governments or nonprofit agencies,

19 including assistance for the implementation of projects to

20 be carried out under subsection (b).

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section

23 $30,000,000, to remain available until expended.
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1 SEC. 3088. ORCHARD BEACH, BRONX, NEW YORK.

2 Section 554 of the Water Resources Development Act

3 of 1996 (110 Stat. 3781) is amended by striking

4 ‘‘$5,200,000’’ and inserting ‘‘$18,200,000’’.

5 SEC. 3089. NEW YORK HARBOR, NEW YORK, NEW YORK.

6 Section 217 of the Water Resources Development Act

7 of 1996 (33 U.S.C. 2326a) is amended—

8 (1) by redesignating subsection (c) as subsection

9 (d);

10 (2) by inserting after subsection (b) the fol11 lowing:

12 ‘‘(c) DREDGED MATERIAL FACILITY.—

13 ‘‘(1) IN GENERAL.—The Secretary may enter

14 into cost-sharing agreements with 1 or more non-Fed15 eral public interests with respect to a project, or

16 group of projects within a geographic region, if ap17 propriate, for the acquisition, design, construction,

18 management, or operation of a dredged material

19 processing, treatment, contaminant reduction, or dis20 posal facility (including any facility used to dem21 onstrate potential beneficial uses of dredged material,

22 which may include effective sediment contaminant re23 duction technologies) using funds provided in whole

24 or in part by the Federal Government.

25 ‘‘(2) PERFORMANCE.—One or more of the parties

26 to the agreement may perform the acquisition, design,
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1 construction, management, or operation of a dredged

2 material processing, treatment, contaminant reduc3 tion, or disposal facility.

4 ‘‘(3) MULTIPLE FEDERAL PROJECTS.—If appro5 priate, the Secretary may combine portions of sepa6 rate Federal projects with appropriate combined cost7 sharing between the various projects, if the facility

8 serves to manage dredged material from multiple Fed9 eral projects located in the geographic region of the

10 facility.

11 ‘‘(4) PUBLIC FINANCING.—

12 ‘‘(A) AGREEMENTS.—

13 ‘‘(i) SPECIFIED FEDERAL FUNDING

14 SOURCES AND COST SHARING.—The cost15 sharing agreement used shall clearly

16 specify—

17 ‘‘(I) the Federal funding sources

18 and combined cost-sharing when appli19 cable to multiple Federal navigation

20 projects; and

21 ‘‘(II) the responsibilities and risks

22 of each of the parties related to present

23 and future dredged material managed

24 by the facility.

25 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—
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1 ‘‘(I) IN GENERAL.—The cost-shar2 ing agreement may include the man3 agement of sediments from the mainte4 nance dredging of Federal navigation

5 projects that do not have partnerships

6 agreements.

7 ‘‘(II) PAYMENTS.—The cost-shar8 ing agreement may allow the non-Fed9 eral interest to receive reimbursable

10 payments from the Federal Govern11 ment for commitments made by the

12 non-Federal interest for disposal or

13 placement capacity at dredged mate14 rial treatment, processing, contami15 nant reduction, or disposal facilities.

16 ‘‘(iii) CREDIT.—The cost-sharing

17 agreement may allow costs incurred prior to

18 execution of a partnership agreement for

19 construction or the purchase of equipment

20 or capacity for the project to be credited ac21 cording to existing cost-sharing rules.

22 ‘‘(B) CREDIT.—

23 ‘‘(i) EFFECT ON EXISTING AGREE24 MENTS.—Nothing in this subsection super25 sedes or modifies an agreement in effect on
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1 the date of enactment of this paragraph be2 tween the Federal Government and any

3 other non-Federal interest for the cost-shar4 ing, construction, and operation and main5 tenance of a Federal navigation project.

6 ‘‘(ii) CREDIT FOR FUNDS.—Subject to

7 the approval of the Secretary and in ac8 cordance with law (including regulations

9 and policies) in effect on the date of enact10 ment of this paragraph, a non-Federal pub11 lic interest of a Federal navigation project

12 may seek credit for funds provided for the

13 acquisition, design, construction, manage14 ment, or operation of a dredged material

15 processing, treatment, or disposal facility to

16 the extent the facility is used to manage

17 dredged material from the Federal naviga18 tion project.

19 ‘‘(iii) NON-FEDERAL INTEREST RE20 SPONSIBILITIES.—The non-Federal interest

21 shall—

22 ‘‘(I) be responsible for providing

23 all necessary land, easement rights-of24 way, or relocations associated with the

25 facility; and
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1 ‘‘(II) receive credit for those

2 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, or’’

8 after ‘‘dredged material’’ the first place it ap9 pears in each of those paragraphs.

10 SEC. 3090. NEW YORK STATE CANAL SYSTEM.

11 Section 553 of the Water Resources Development Act

12 of 1996 (110 Stat. 3781) is amended by striking subsection

13 (c) and inserting the following:

14 ‘‘(c) DEFINITION OF NEW YORK STATE CANAL SYS15 TEM.—In this section, the term ‘New York State Canal Sys16 tem’ means the 524 miles of navigable canal that comprise

17 the New York State Canal System, including the Erie, Ca18 yuga-Seneca, Oswego, and Champlain Canals and the his19 toric alignments of these canals, including the cities of Al20 bany, Rochester, and Buffalo.’’.

21 SEC. 3091. SUSQUEHANNA RIVER AND UPPER DELAWARE

22 RIVER WATERSHED MANAGEMENT, NEW

23 YORK.

24 (a) WATERSHED MANAGEMENT PLAN DEVELOP25 MENT.—
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1 (1) IN GENERAL.—The Secretary, in consultation

2 with the State of New York, the Delaware or Susque3 hanna River Basin Commission, as appropriate, and

4 local entities, shall develop watershed management

5 plans for the Susquehanna River watershed in New

6 York State and the Upper Delaware River watershed

7 for the purposes of evaluating existing and new flood

8 damage reduction and ecosystem restoration.

9 (2) EXISTING PLANS.—In developing the water10 shed management plans, the Secretary shall use exist11 ing studies and plans, as appropriate.

12 (b) CRITICAL RESTORATION PROJECTS.—

13 (1) IN GENERAL.—The Secretary may partici14 pate in any eligible critical restoration project in the

15 Susquehanna River or Upper Delaware Rivers in ac16 cordance with the watershed management plan devel17 oped under subsection (a).

18 (2) ELIGIBLE PROJECTS.—A critical restoration

19 project shall be eligible for assistance under this sec20 tion if the project—

21 (A) meets the purposes described in the wa22 tershed management plan developed under sub23 section (a); and

24 (B) with respect to the Susquehanna River

25 or Upper Delaware River watershed in New
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1 York, consists of flood damage reduction or eco2 system restoration through—

3 (i) bank stabilization of the mainstem,

4 tributaries, and streams;

5 (ii) wetland restoration;

6 (iii) soil and water conservation;

7 (iv) restoration of natural flows;

8 (v) restoration of stream stability;

9 (vi) structural and nonstructural flood

10 damage reduction measures; or

11 (vii) any other project or activity the

12 Secretary determines to be appropriate.

13 (c) COST SHARING.—The Federal share of the cost of

14 implementing any project carried out under this section

15 shall be 65 percent.

16 (d) NON-FEDERAL INTEREST.—A nonprofit organiza17 tion may serve as the non-Federal interest for a project car18 ried out under this section.

19 (e) COOPERATIVE AGREEMENTS.—In carrying out this

20 section, the Secretary may enter into 1 or more cooperative

21 agreements to provide financial assistance to appropriate

22 Federal, State, or local governments or nonprofit agencies,

23 including assistance for the implementation of projects to

24 be carried out under subsection (b).
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $30,000,000, to remain available until expended.

4 SEC. 3092. MISSOURI RIVER RESTORATION, NORTH DA5 KOTA.

6 Section 707(a) of the Water Resources Act of 2000 (114

7 Stat. 2699) is amended in the first sentence by striking

8 ‘‘$5,000,000’’ and all that follows through ‘‘2005’’ and in9 serting ‘‘$25,000,000’’.

10 SEC. 3093. OHIO.

11 Section 594 of the Water Resources Development Act

12 of 1999 (113 Stat. 381) is amended by adding at the end

13 the following:

14 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section

15 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

16 5b), for any project carried out under this section, a non17 Federal interest may include a nonprofit entity, with the

18 consent of the affected local government.’’.

19 SEC. 3094. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

20 Section 507(1) of the Water Resources Development

21 Act of 1996 (110 Stat. 3758) is amended—

22 (1) by striking ‘‘$2,500,000’’ and inserting

23 ‘‘$16,000,000’’; and

24 (2) by striking ‘‘Repair and rehabilitation’’ and

25 inserting ‘‘Correct structural deficiencies’’.
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1 SEC. 3095. TOUSSAINT RIVER NAVIGATION PROJECT, CAR2 ROLL TOWNSHIP, OHIO.

3 Increased operation and maintenance activities for the

4 Toussaint River Federal Navigation Project, Carroll Town5 ship, Ohio, that are carried out in accordance with section

6 107 of the River and Harbor Act of 1960 (33 U.S.C. 577)

7 and relate directly to the presence of unexploded ordnance,

8 shall be carried out at full Federal expense.

9 SEC. 3096. ARCADIA LAKE, OKLAHOMA.

10 Payments made by the city of Edmond, Oklahoma, to

11 the Secretary in October 1999 of all costs associated with

12 present and future water storage costs at Arcadia Lake,

13 Oklahoma, under Arcadia Lake Water Storage Contract

14 Number DACW56–79–C–0072 shall satisfy the obligations

15 of the city under that contract.

16 SEC. 3097. LAKE EUFAULA, OKLAHOMA.

17 (a) PROJECT GOAL.—

18 (1) IN GENERAL.—The goal for operation of Lake

19 Eufaula shall be to maximize the use of available

20 storage in a balanced approach that incorporates ad21 vice from representatives from all the project purposes

22 to ensure that the full value of the reservoir is realized

23 by the United States.

24 (2) RECOGNITION OF PURPOSE.—To achieve the

25 goal described in paragraph (1), recreation is recog26 nized as a project purpose at Lake Eufaula, pursuant
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1 to the Act of December 22, 1944 (commonly known as

2 the ‘‘Flood Control Act of 1944’’) (58 Stat. 887, chap3 ter 665).

4 (b) LAKE EUFAULA ADVISORY COMMITTEE.—

5 (1) IN GENERAL.—In accordance with the Fed6 eral Advisory Committee Act (5 U.S.C. App.), the

7 Secretary shall establish an advisory committee for

8 the Lake Eufaula, Canadian River, Oklahoma project

9 authorized by the Act of July 24, 1946 (commonly

10 known as the ‘‘River and Harbor Act of 1946’’) (Pub11 lic Law 79–525; 60 Stat. 634).

12 (2) PURPOSE.—The purpose of the committee

13 shall be advisory only.

14 (3) DUTIES.—The committee shall provide infor15 mation and recommendations to the Corps of Engi16 neers regarding the operations of Lake Eufaula for

17 the project purposes for Lake Eufaula.

18 (4) COMPOSITION.—The Committee shall be com19 posed of members that equally represent the project

20 purposes for Lake Eufaula.

21 (c) REALLOCATION STUDY.—

22 (1) IN GENERAL.—Subject to the appropriation

23 of funds, the Secretary, acting through the Chief of

24 Engineers, shall perform a reallocation study, at full

25 Federal expense, to develop and present recommenda-
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1 tions concerning the best value, while minimizing eco2 logical damages, for current and future use of the

3 Lake Eufaula storage capacity for the authorized

4 project purposes of flood control, water supply, hydro5 electric power, navigation, fish and wildlife, and

6 recreation.

7 (2) FACTORS FOR CONSIDERATION.—The re8 allocation study shall take into consideration the rec9 ommendations of the Lake Eufaula Advisory Com10 mittee.

11 (d) POOL MANAGEMENT PLAN.—

12 (1) IN GENERAL.—Not later than 360 days after

13 the date of enactment of this Act, to the extent feasible

14 within available project funds and subject to the com15 pletion and approval of the reallocation study under

16 subsection (c), the Tulsa District Engineer, taking

17 into consideration recommendations of the Lake

18 Eufaula Advisory Committee, shall develop an in19 terim management plan that accommodates all

20 project purposes for Lake Eufaula.

21 (2) MODIFICATIONS.—A modification of the plan

22 under paragraph (1) shall not cause significant ad23 verse impacts on any existing permit, lease, license,

24 contract, public law, or project purpose, including

25 flood control operation, relating to Lake Eufaula.
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1 SEC. 3098. RELEASE OF REVERSIONARY INTEREST, OKLA2 HOMA.

3 (a) RELEASE.—Any reversionary interest relating to

4 public parks and recreation on the land conveyed by the

5 Secretary to the State of Oklahoma at Lake Texoma pursu6 ant to the Act entitled ‘‘An Act to authorize the sale of cer7 tain lands to the State of Oklahoma’’ (67 Stat. 63, chapter

8 118), shall terminate on the date of enactment of this Act.

9 (b) INSTRUMENT OF RELEASE.—As soon as prac10 ticable after the date of enactment of this Act, the Secretary

11 shall execute and file in the appropriate office a deed of

12 release, an amended deed, or another appropriate instru13 ment to release each reversionary interest described in sub14 section (a).

15 (c) PRESERVATION OF RESERVED RIGHTS.—A release

16 of a reversionary interest under this section shall not affect

17 any other right of the United States in any deed of convey18 ance pursuant to the Act entitled ‘‘An Act to authorize the

19 sale of certain lands to the State of Oklahoma’’ (67 Stat.

20 63, chapter 118).

21 SEC. 3099. OKLAHOMA LAKES DEMONSTRATION PROGRAM,

22 OKLAHOMA.

23 (a) IMPLEMENTATION OF PROGRAM.—Not later than

24 1 year after the date of enactment of this Act, the Secretary

25 shall implement an innovative program at the lakes located

26 primarily in the State of Oklahoma that are a part of an
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1 authorized civil works project under the administrative ju2 risdiction of the Corps of Engineers for the purpose of dem3 onstrating the benefits of enhanced recreation facilities and

4 activities at those lakes.

5 (b) REQUIREMENTS.—In implementing the program

6 under subsection (a), the Secretary shall, consistent with

7 authorized project purposes—

8 (1) pursue strategies that will enhance, to the

9 maximum extent practicable, recreation experiences

10 at the lakes included in the program;

11 (2) use creative management strategies that opti12 mize recreational activities; and

13 (3) ensure continued public access to recreation

14 areas located on or associated with the civil works

15 project.

16 (c) GUIDELINES.—Not later than 180 days after the

17 date of enactment of this Act, the Secretary shall issue

18 guidelines for the implementation of this section, to be de19 veloped in coordination with the State of Oklahoma.

20 (d) REPORT.—

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

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

23 submit to the Committee on Environment and Public

24 Works of the Senate and the Committee on Transpor25 tation and Infrastructure of the House of Representa-
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1 tives a report describing the results of the program

2 under subsection (a).

3 (2) INCLUSIONS.—The report under paragraph

4 (1) shall include a description of the projects under5 taken under the program, including—

6 (A) an estimate of the change in any related

7 recreational opportunities;

8 (B) a description of any leases entered into,

9 including the parties involved; and

10 (C) the financial conditions that the Corps

11 of Engineers used to justify those leases.

12 (3) AVAILABILITY TO PUBLIC.—The Secretary

13 shall make the report available to the public in elec14 tronic and written formats.

15 (e) TERMINATION.—The authority provided by this

16 section shall terminate on the date that is 10 years after

17 the date of enactment of this Act.

18 SEC. 3100. OTTAWA COUNTY, OKLAHOMA.

19 (a) IN GENERAL.—There is authorized to be appro20 priated $30,000,000 for the purposes set forth in subsection

21 (b).

22 (b) PURPOSES.—Notwithstanding any other provision

23 of law, funds appropriated under subsection (a) may be

24 used for the purpose of—
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1 (1) the buy-out of properties and permanently

2 relocating residents and businesses in or near Picher,

3 Cardin, and Hockerville, Oklahoma, from areas deter4 mined by the State of Oklahoma to be at risk of dam5 age caused by land subsidence and remaining prop6 erties; and

7 (2) providing funding to the State of Oklahoma

8 to buyout properties and permanently relocate resi9 dents and businesses of Picher, Cardin, and

10 Hockerville, Oklahoma, from areas determined by the

11 State of Oklahoma to be at risk of damage caused by

12 land subsidence and remaining properties.

13 (c) LIMITATION.—The use of funds in accordance with

14 subsection (b) shall not be considered to be part of a Feder15 ally assisted program or project for purposes of Public Law

16 91–646 (42 U.S.C. 4601 et seq.), consistent with section

17 2301 of Public Law 109–234 (120 Stat. 455–456).

18 (d) CONSISTENCY WITH STATE PROGRAM.—Any ac19 tions taken under subsection (b) shall be consistent with the

20 relocation program in the State of Oklahoma under 27A

21 O.S. Supp. 2006, sections 2201 et seq.

22 (e) AMENDMENT.—Section 111 of Public Law 108–137

23 (117 Stat. 1835) is amended—

24 (1) by adding the following language at the end

25 of subsection (a): ‘‘Such activities also may include
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1 the provision of financial assistance to facilitate the

2 buy out of properties located in areas identified by

3 the State as areas that are or will be at risk of dam4 age caused by land subsidence and associated prop5 erties otherwise identified by the State; however, any

6 buyout of such properties shall not be considered to be

7 part of a Federally assisted program or project for

8 purposes of Public Law 91–646 (42 U.S.C. 4601 et

9 seq.), consistent with section 2301 of Public Law 109–

10 234 (120 Stat. 455–456).’’; and

11 (2) by striking the first sentence of subsection (d)

12 and inserting the following: ‘‘Non-Federal interests

13 shall be responsible for operating and maintaining

14 any restoration alternatives constructed or carried out

15 pursuant to this section.’’.

16 SEC. 3101. RED RIVER CHLORIDE CONTROL, OKLAHOMA

17 AND TEXAS.

18 Section 203 of the Flood Control Act of 1966 (80 Stat.

19 1420; 100 Stat. 4229) is further modified to direct the Sec20 retary to provide operation and maintenance for the Red

21 River Chloride Control project, Oklahoma and Texas, at full

22 Federal expense.

23 SEC. 3102. WAURIKA LAKE, OKLAHOMA.

24 The remaining obligation of the Waurika Project Mas25 ter Conservancy District payable to the United States Gov-
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1 ernment in the amounts, rates of interest, and payment

2 schedules—

3 (1) is set at the amounts, rates of interest, and

4 payment schedules that existed on June 3, 1986; and

5 (2) may not be adjusted, altered, or changed

6 without a specific, separate, and written agreement

7 between the District and the United States.

8 SEC. 3103. LOOKOUT POINT PROJECT, LOWELL, OREGON.

9 (a) IN GENERAL.—Subject to subsection (c), the Sec10 retary shall convey at fair market value to the Lowell

11 School District No. 71, all right, title, and interest of the

12 United States in and to a parcel consisting of approxi13 mately 0.98 acres of land, including 3 abandoned buildings

14 on the land, located in Lowell, Oregon, as described in sub15 section (b).

16 (b) DESCRIPTION OF PROPERTY.—The parcel of land

17 to be conveyed under subsection (a) is more particularly

18 described as follows: Commencing at the point of intersec19 tion of the west line of Pioneer Street with the westerly ex20 tension of the north line of Summit Street, in Meadows Ad21 dition to Lowell, as platted and recorded on page 56 of vol22 ume 4, Lane County Oregon Plat Records; thence north on

23 the west line of Pioneer Street a distance of 176.0 feet to

24 the true point of beginning of this description; thence north

25 on the west line of Pioneer Street a distance of 170.0 feet;
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1 thence west at right angles to the west line of Pioneer Street

2 a distance of 250.0 feet; thence south and parallel to the

3 west line of Pioneer Street a distance of 170.0 feet; and

4 thence east 250.0 feet to the true point of beginning of this

5 description in sec. 14, T. 19 S., R. 1 W. of the Willamette

6 Meridian, Lane County, Oregon.

7 (c) CONDITION.—The Secretary shall not complete the

8 conveyance under subsection (a) until such time as the For9 est Service—

10 (1) completes and certifies that necessary envi11 ronmental remediation associated with the structures

12 located on the property is complete; and

13 (2) transfers the structures to the Corps of Engi14 neers.

15 (d) EFFECT OF OTHER LAW.—

16 (1) APPLICABILITY OF PROPERTY SCREENING

17 PROVISIONS.—Section 2696 of title 10, United States

18 Code, shall not apply to any conveyance under this

19 section.

20 (2) LIABILITY.—

21 (A) IN GENERAL.—Lowell School District

22 No. 71 shall hold the United States harmless

23 from any liability with respect to activities car24 ried out on the property described in subsection
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1 (b) on or after the date of the conveyance under

2 subsection (a).

3 (B) CERTAIN ACTIVITIES.—The United

4 States shall be liable with respect to any activity

5 carried out on the property described in sub6 section (b) before the date of conveyance under

7 subsection (a).

8 SEC. 3104. UPPER WILLAMETTE RIVER WATERSHED ECO9 SYSTEM RESTORATION.

10 (a) IN GENERAL.—The Secretary shall conduct studies

11 and ecosystem restoration projects for the upper Willamette

12 River watershed from Albany, Oregon, to the headwaters

13 of the Willamette River and tributaries.

14 (b) CONSULTATION.—The Secretary shall carry out

15 ecosystem restoration projects under this section for the

16 Upper Willamette River watershed in consultation with the

17 Governor of the State of Oregon, the heads of appropriate

18 Indian tribes, the Environmental Protection Agency, the

19 United States Fish and Wildlife Service, the National Ma20 rine Fisheries Service, the Bureau of Land Management,

21 the Forest Service, and local entities.

22 (c) AUTHORIZED ACTIVITIES.—In carrying out eco23 system restoration projects under this section, the Secretary

24 shall undertake activities necessary to protect, monitor, and

25 restore fish and wildlife habitat.
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1 (d) COST SHARING REQUIREMENTS.—

2 (1) STUDIES.—Studies conducted under this sec3 tion shall be subject to cost sharing in accordance

4 with section 206 of the Water Resources Development

5 Act of 1996 (33 U.S.C. 2330).

6 (2) ECOSYSTEM RESTORATION PROJECTS.—

7 (A) IN GENERAL.—Non-Federal interests

8 shall pay 35 percent of the cost of any ecosystem

9 restoration project carried out under this section.

10 (B) ITEMS PROVIDED BY NON-FEDERAL IN11 TERESTS.—

12 (i) IN GENERAL.—Non-Federal inter13 ests shall provide all land, easements,

14 rights-of-way, dredged material disposal

15 areas, and relocations necessary for eco16 system restoration projects to be carried out

17 under this section.

18 (ii) CREDIT TOWARD PAYMENT.—The

19 value of the land, easements, rights-of-way,

20 dredged material disposal areas, and reloca21 tions provided under paragraph (1) shall be

22 credited toward the payment required under

23 subsection (a).

24 (C) IN-KIND CONTRIBUTIONS.—100 percent

25 of the non-Federal share required under sub-
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1 section (a) may be satisfied by the provision of

2 in-kind contributions.

3 (3) OPERATIONS AND MAINTENANCE.—Non-Fed4 eral interests shall be responsible for all costs associ5 ated with operating, maintaining, replacing, repair6 ing, and rehabilitating all projects carried out under

7 this section.

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $15,000,000.

11 SEC. 3105. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL12 VANIA AND NEW YORK.

13 Section 567 of the Water Resources Development Act

14 of 1996 (110 Stat. 3787) is amended—

15 (1) by striking subsection (c) and inserting the

16 following:

17 ‘‘(c) COOPERATION AGREEMENTS.—

18 ‘‘(1) IN GENERAL.—In conducting the study and

19 implementing the strategy under this section, the Sec20 retary shall enter into cost-sharing and project co21 operation agreements with the Federal Government,

22 State and local governments (with the consent of the

23 State and local governments), land trusts, or non24 profit, nongovernmental organizations with expertise

25 in wetland restoration.
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1 ‘‘(2) FINANCIAL ASSISTANCE.—Under the co2 operation agreement, the Secretary may provide as3 sistance for implementation of wetland restoration

4 projects and soil and water conservation measures.’’;

5 and

6 (2) by striking subsection (d) and inserting the

7 following:

8 ‘‘(d) IMPLEMENTATION OF STRATEGY.—

9 ‘‘(1) IN GENERAL.—The Secretary shall carry

10 out the development, demonstration, and implementa11 tion of the strategy under this section in cooperation

12 with local landowners, local government officials, and

13 land trusts.

14 ‘‘(2) GOALS OF PROJECTS.—Projects to imple15 ment the strategy under this subsection shall be de16 signed to take advantage of ongoing or planned ac17 tions by other agencies, local municipalities, or non18 profit, nongovernmental organizations with expertise

19 in wetland restoration that would increase the effec20 tiveness or decrease the overall cost of implementing

21 recommended projects.’’.

22 SEC. 3106. NARRAGANSETT BAY, RHODE ISLAND.

23 The Secretary may use amounts in the Environmental

24 Restoration Account, Formerly Used Defense Sites, under

25 section 2703(a)(5) of title 10, United States Code, for the
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1 removal of abandoned marine camels at any Formerly Used

2 Defense Site under the jurisdiction of the Department of

3 Defense that is undergoing (or is scheduled to undergo) en4 vironmental remediation under chapter 160 of title 10,

5 United States Code (and other provisions of law), in Narra6 gansett Bay, Rhode Island, in accordance with the Corps

7 of Engineers prioritization process under the Formerly

8 Used Defense Sites program.

9 SEC. 3107. SOUTH CAROLINA DEPARTMENT OF COMMERCE

10 DEVELOPMENT PROPOSAL AT RICHARD B.

11 RUSSELL LAKE, SOUTH CAROLINA.

12 (a) IN GENERAL.—The Secretary shall convey to the

13 State of South Carolina, by quitclaim deed, all right, title,

14 and interest of the United States in and to the parcels of

15 land described in subsection (b)(1) that are managed, as

16 of the date of enactment of this Act, by the South Carolina

17 Department of Commerce for public recreation purposes for

18 the Richard B. Russell Dam and Lake, South Carolina,

19 project authorized by section 203 of the Flood Control Act

20 of 1966 (80 Stat. 1420).

21 (b) LAND DESCRIPTION.—

22 (1) IN GENERAL.—Subject to paragraphs (2) and

23 (3), the parcels of land referred to in subsection (a)

24 are the parcels contained in the portion of land de25 scribed in Army Lease Number DACW21–1–92–0500.
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1 (2) RETENTION OF INTERESTS.—The United

2 States shall retain—

3 (A) ownership of all land included in the

4 lease referred to in paragraph (1) that would

5 have been acquired for operational purposes in

6 accordance with the 1971 implementation of the

7 1962 Army/Interior Joint Acquisition Policy;

8 and

9 (B) such other land as is determined by the

10 Secretary to be required for authorized project

11 purposes, including easement rights-of-way to re12 maining Federal land.

13 (3) SURVEY.—The exact acreage and legal de14 scription of the land described in paragraph (1) shall

15 be determined by a survey satisfactory to the Sec16 retary, with the cost of the survey to be paid by the

17 State.

18 (c) GENERAL PROVISIONS.—

19 (1) APPLICABILITY OF PROPERTY SCREENING

20 PROVISIONS.—Section 2696 of title 10, United States

21 Code, shall not apply to the conveyance under this

22 section.

23 (2) ADDITIONAL TERMS AND CONDITIONS.—The

24 Secretary may require that the conveyance under this

25 section be subject to such additional terms and condi-
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1 tions as the Secretary considers appropriate to protect

2 the interests of the United States.

3 (3) COSTS OF CONVEYANCE.—

4 (A) IN GENERAL.—The State shall be re5 sponsible for all costs, including real estate

6 transaction and environmental compliance costs,

7 associated with the conveyance under this sec8 tion.

9 (B) FORM OF CONTRIBUTION.—As deter10 mined appropriate by the Secretary, in lieu of

11 payment of compensation to the United States

12 under subparagraph (A), the State may perform

13 certain environmental or real estate actions asso14 ciated with the conveyance under this section if

15 those actions are performed in close coordination

16 with, and to the satisfaction of, the United

17 States.

18 (4) LIABILITY.—The State shall hold the United

19 States harmless from any liability with respect to ac20 tivities carried out, on or after the date of the convey21 ance, on the real property conveyed under this sec22 tion.

23 (d) ADDITIONAL TERMS AND CONDITIONS.—

24 (1) IN GENERAL.—The State shall pay fair mar25 ket value consideration, as determined by the United
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1 States, for any land included in the conveyance under

2 this section.

3 (2) NO EFFECT ON SHORE MANAGEMENT POL4 ICY.—The Shoreline Management Policy (ER–1130–

5 2–406) of the Corps of Engineers shall not be changed

6 or altered for any proposed development of land con7 veyed under this section.

8 (3) FEDERAL STATUTES.—The conveyance under

9 this section shall be subject to the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

11 (including public review under that Act) and other

12 Federal statutes.

13 (4) COST SHARING.—In carrying out the convey14 ance under this section, the Secretary and the State

15 shall comply with all obligations of any cost sharing

16 agreement between the Secretary and the State in ef17 fect as of the date of the conveyance.

18 (5) LAND NOT CONVEYED.—The State shall con19 tinue to manage the land not conveyed under this sec20 tion in accordance with the terms and conditions of

21 Army Lease Number DACW21–1–92–0500.

22 SEC. 3108. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

23 (a) MEMBERSHIP.—Section 904(b)(1)(B) of the Water

24 Resources Development Act of 2000 (114 Stat. 2708) is

25 amended—
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1 (1) in clause (vii), by striking ‘‘and’’ at the end;

2 (2) by redesignating clause (viii) as clause (ix);

3 and

4 (3) by inserting after clause (vii) the following:

5 ‘‘(viii) rural water systems; and’’.

6 (b) REAUTHORIZATION.—Section 907(a) of the Water

7 Resources Development Act of 2000 (114 Stat. 2712) is

8 amended in the first sentence by striking ‘‘2005’’ and in9 serting ‘‘2010’’.

10 SEC. 3109. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN11 HANCEMENT PROJECT.

12 Section 514 of the Water Resources Development Act

13 of 1999 (113 Stat. 343; 117 Stat. 142) is amended—

14 (1) by redesignating subsections (f) and (g) as

15 subsections (h) and (i), respectively;

16 (2) in subsection (h) (as redesignated by para17 graph (1)), by striking paragraph (1) and inserting

18 the following:

19 ‘‘(1) NON-FEDERAL SHARE.—

20 ‘‘(A) IN GENERAL.—The non-Federal share

21 of the cost of projects may be provided—

22 ‘‘(i) in cash;

23 ‘‘(ii) by the provision of land, ease24 ments, rights-of-way, relocations, or dis25 posal areas;
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1 ‘‘(iii) by in-kind services to implement

2 the project; or

3 ‘‘(iv) by any combination of the fore4 going.

5 ‘‘(B) PRIVATE OWNERSHIP.—Land needed

6 for a project under this authority may remain in

7 private ownership subject to easements that

8 are—

9 ‘‘(i) satisfactory to the Secretary; and

10 ‘‘(ii) necessary to assure achievement of

11 the project purposes.’’;

12 (3) in subsection (i) (as redesignated by para13 graph (1)), by striking ‘‘for the period of fiscal years

14 2000 and 2001.’’ and inserting ‘‘per year, and that

15 authority shall extend until Federal fiscal year

16 2011.’’; and

17 (4) by inserting after subsection (e) the following:

18 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section

19 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

20 5b(b)), for any project undertaken under this section, a non21 Federal interest may include a regional or national non22 profit entity with the consent of the affected local govern23 ment.
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1 ‘‘(g) COST LIMITATION.—Not more than $5,000,000 in

2 Federal funds may be allotted under this section for a

3 project at any single locality.’’

4 SEC. 3110. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

5 The project for flood control, Nonconnah Creek, Ten6 nessee and Mississippi, authorized by section 401 of the

7 Water Resources Development Act of 1986 (100 Stat. 4124)

8 and modified by the section 334 of the Water Resources De9 velopment Act of 2000 (114 Stat. 2611), is modified to au10 thorize the Secretary—

11 (1) to reconstruct, at full Federal expense, the

12 weir originally constructed in the vicinity of the

13 mouth of Nonconnah Creek; and

14 (2) to make repairs and maintain the weir in

15 the future so that the weir functions properly.

16 SEC. 3111. OLD HICKORY LOCK AND DAM, CUMBERLAND

17 RIVER, TENNESSEE.

18 (a) RELEASE OF RETAINED RIGHTS, INTERESTS, RES19 ERVATIONS.—With respect to land conveyed by the Sec20 retary to the Tennessee Society of Crippled Children and

21 Adults, Incorporated (commonly known as ‘‘Easter Seals

22 Tennessee’’) at Old Hickory Lock and Dam, Cumberland

23 River, Tennessee, under section 211 of the Flood Control

24 Act of 1965 (79 Stat. 1087), the reversionary interests and
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1 the use restrictions relating to recreation and camping pur2 poses are extinguished.

3 (b) INSTRUMENT OF RELEASE.—As soon as prac4 ticable after the date of enactment of this Act, the Secretary

5 shall execute and file in the appropriate office a deed of

6 release, amended deed, or other appropriate instrument ef7 fectuating the release of interests required by subsection (a).

8 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

9 section affects any remaining right or interest of the Corps

10 of Engineers with respect to an authorized purpose of any

11 project.

12 SEC. 3112. SANDY CREEK, JACKSON COUNTY, TENNESSEE.

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

14 project for flood damage reduction under section 205 of the

15 Flood Control Act of 1948 (33 U.S.C. 701s) at Sandy Creek,

16 Jackson County, Tennessee, if the Secretary determines that

17 the project is technically sound, environmentally acceptable,

18 and economically justified.

19 (b) RELATIONSHIP TO WEST TENNESSEE TRIBU20 TARIES PROJECT, TENNESSEE.—Consistent with the report

21 of the Chief of Engineers dated March 24, 1948, on the West

22 Tennessee Tributaries project—

23 (1) Sandy Creek shall not be considered to be an

24 authorized channel of the West Tennessee Tributaries

25 Project; and
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1 (2) the Sandy Creek flood damage reduction

2 project shall not be considered to be part of the West

3 Tennessee Tributaries Project.

4 SEC. 3113. CEDAR BAYOU, TEXAS.

5 Section 349(a)(2) of the Water Resources Development

6 Act of 2000 (114 Stat. 2632) is amended by striking ‘‘except

7 that the project is authorized only for construction of a

8 navigation channel 12 feet deep by 125 feet wide’’ and in9 serting ‘‘except that the project is authorized for construc10 tion of a navigation channel that is 10 feet deep by 100

11 feet wide’’.

12 SEC. 3114. DENISON, TEXAS.

13 (a) IN GENERAL.—The Secretary shall offer to convey

14 at fair market value to the city of Denison, Texas (or a

15 designee of the city), all right, title, and interest of the

16 United States in and to the approximately 900 acres of

17 land located in Grayson County, Texas, which is currently

18 subject to an Application for Lease for Public Park and

19 Recreational Purposes made by the city of Denison, dated

20 August 17, 2005.

21 (b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The

22 exact acreage and description of the real property referred

23 to in subsection (a) shall be determined by a survey paid

24 for by the city of Denison, Texas (or a designee of the city),

25 that is satisfactory to the Secretary.
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1 (c) CONVEYANCE.—On acceptance by the city of

2 Denison, Texas (or a designee of the city), of an offer under

3 subsection (a), the Secretary may immediately convey the

4 land surveyed under subsection (b) by quitclaim deed to the

5 city of Denison, Texas (or a designee of the city).

6 SEC. 3115. CENTRAL CITY, FORT WORTH, TEXAS.

7 For the purposes of achieving efficiencies, enhanced

8 benefits, and complementary implementation, as compared

9 with construction of the projects separately, the project for

10 flood control and other purposes authorized by section 116

11 of division C of title I of the Consolidated Appropriations

12 Act, 2005 (Public Law 108–447; 118 Stat. 2944), is modi13 fied to include the project for ecosystem restoration, as gen14 erally defined in the report of the report of the Chief of En15 gineers entitled ‘‘Riverside Oxbow, Fort Worth, Texas’’ and

16 dated May 29, 2003, at a total cost of $247,110,000, with

17 an estimated Federal cost of $121,210,000 and a non-Fed18 eral cost of $125,900,000.

19 SEC. 3116. FREEPORT HARBOR, TEXAS.

20 (a) IN GENERAL.—The project for navigation, Free21 port Harbor, Texas, authorized by section 101 of the River

22 and Harbor Act of 1970 (84 Stat. 1818), is modified to

23 provide that—
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1 (1) all project costs incurred as a result of the

2 discovery of the sunken vessel COMSTOCK of the

3 Corps of Engineers are a Federal responsibility; and

4 (2) the Secretary shall not seek further obligation

5 or responsibility for removal of the vessel COM6 STOCK, or costs associated with a delay due to the

7 discovery of the sunken vessel COMSTOCK, from the

8 Port of Freeport.

9 (b) COST SHARING.—This section does not affect the

10 authorized cost sharing for the balance of the project de11 scribed in subsection (a).

12 SEC. 3117. HARRIS COUNTY, TEXAS.

13 Section 575(b) of the Water Resources Development Act

14 of 1996 (110 Stat. 3789; 113 Stat. 311) is amended—

15 (1) in paragraph (3), by striking ‘‘and’’ at the

16 end;

17 (2) in paragraph (4), by striking the period at

18 the end and inserting ‘‘; and’’; and

19 (3) by adding the following:

20 ‘‘(5) the project for flood control, Upper White

21 Oak Bayou, Texas, authorized by section 401(a) of the

22 Water Resources Development Act of 1986 (100 Stat.

23 4125).’’.
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1 SEC. 3118. CONNECTICUT RIVER RESTORATION, VERMONT.

2 Notwithstanding section 221 of the Flood Control Act

3 of 1970 (42 U.S.C. 1962d–5b), with respect to the study

4 entitled ‘‘Connecticut River Restoration Authority’’, dated

5 May 23, 2001, a nonprofit entity may act as the non-Fed6 eral interest for purposes of carrying out the activities de7 scribed in the agreement executed between The Nature Con8 servancy and the Department of the Army on August 5,

9 2005.

10 SEC. 3119. DAM REMEDIATION, VERMONT.

11 Section 543 of the Water Resources Development Act

12 of 2000 (114 Stat. 2673) is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (2), by striking ‘‘and’’ at

15 the end;

16 (B) in paragraph (3), by striking the period

17 at the end and inserting ‘‘; and’’; and

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

19 ‘‘(4) may carry out measures to restore, protect,

20 and preserve an ecosystem affected by a dam de21 scribed in subsection (b).’’; and

22 (2) in subsection (b), by adding at the end the

23 following:

24 ‘‘(11) Camp Wapanacki, Hardwick.

25 ‘‘(12) Star Lake Dam, Mt. Holly.

26 ‘‘(13) Curtis Pond, Calais.
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1 ‘‘(14) Weathersfield Reservoir, Springfield.

2 ‘‘(15) Burr Pond, Sudbury.

3 ‘‘(16) Maidstone Lake, Guildhall.

4 ‘‘(17) Upper and Lower Hurricane Dam.

5 ‘‘(18) Lake Fairlee.

6 ‘‘(19) West Charleston Dam.’’.

7 SEC. 3120. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER

8 CHESTNUT, AND OTHER NONNATIVE PLANT

9 CONTROL, VERMONT.

10 Under authority of section 104 of the River and Har11 bor Act of 1958 (33 U.S.C. 610), the Secretary shall revise

12 the existing General Design Memorandum to permit the use

13 of chemical means of control, when appropriate, of Eur14 asian milfoil, water chestnuts, and other nonnative plants

15 in the Lake Champlain basin, Vermont.

16 SEC. 3121. UPPER CONNECTICUT RIVER BASIN WETLAND

17 RESTORATION, VERMONT AND NEW HAMP18 SHIRE.

19 (a) IN GENERAL.—The Secretary, in cooperation with

20 the States of Vermont and New Hampshire, shall carry out

21 a study and develop a strategy for the use of wetland res22 toration, soil and water conservation practices, and non23 structural measures to reduce flood damage, improve water

24 quality, and create wildlife habitat in the Upper Con25 necticut River watershed.
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1 (b) COST SHARING.—

2 (1) FEDERAL SHARE.—The Federal share of the

3 cost of the study and development of the strategy

4 under subsection (a) shall be 65 percent.

5 (2) NON-FEDERAL SHARE.—The non-Federal

6 share of the cost of the study and development of the

7 strategy may be provided through the contribution of

8 in-kind services and materials.

9 (c) NON-FEDERAL INTEREST.—A nonprofit organiza10 tion with wetland restoration experience may serve as the

11 non-Federal interest for the study and development of the

12 strategy under this section.

13 (d) COOPERATIVE AGREEMENTS.—In conducting the

14 study and developing the strategy under this section, the

15 Secretary may enter into 1 or more cooperative agreements

16 to provide technical assistance to appropriate Federal,

17 State, and local agencies and nonprofit organizations with

18 wetland restoration experience, including assistance for the

19 implementation of wetland restoration projects and soil and

20 water conservation measures.

21 (e) IMPLEMENTATION.—The Secretary shall carry out

22 development and implementation of the strategy under this

23 section in cooperation with local landowners and local gov24 ernment officials.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $5,000,000, to remain available until expended.

4 SEC. 3122. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM

5 RESTORATION, VERMONT AND NEW HAMP6 SHIRE.

7 (a) GENERAL MANAGEMENT PLAN DEVELOPMENT.—

8 (1) IN GENERAL.—The Secretary, in cooperation

9 with the Secretary of Agriculture and in consultation

10 with the States of Vermont and New Hampshire and

11 the Connecticut River Joint Commission, shall con12 duct a study and develop a general management plan

13 for ecosystem restoration of the Upper Connecticut

14 River ecosystem for the purposes of—

15 (A) habitat protection and restoration;

16 (B) streambank stabilization;

17 (C) restoration of stream stability;

18 (D) water quality improvement;

19 (E) invasive species control;

20 (F) wetland restoration;

21 (G) fish passage; and

22 (H) natural flow restoration.

23 (2) EXISTING PLANS.—In developing the general

24 management plan, the Secretary shall depend heavily
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1 on existing plans for the restoration of the Upper

2 Connecticut River.

3 (b) CRITICAL RESTORATION PROJECTS.—

4 (1) IN GENERAL.—The Secretary may partici5 pate in any critical restoration project in the Upper

6 Connecticut River Basin in accordance with the gen7 eral management plan developed under subsection (a).

8 (2) ELIGIBLE PROJECTS.—A critical restoration

9 project shall be eligible for assistance under this sec10 tion if the project—

11 (A) meets the purposes described in the gen12 eral management plan developed under sub13 section (a); and

14 (B) with respect to the Upper Connecticut

15 River and Upper Connecticut River watershed,

16 consists of—

17 (i) bank stabilization of the main stem,

18 tributaries, and streams;

19 (ii) wetland restoration and migratory

20 bird habitat restoration;

21 (iii) soil and water conservation;

22 (iv) restoration of natural flows;

23 (v) restoration of stream stability;

24 (vi) implementation of an intergovern25 mental agreement for coordinating eco-
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1 system restoration, fish passage installation,

2 streambank stabilization, wetland restora3 tion, habitat protection and restoration, or

4 natural flow restoration;

5 (vii) water quality improvement;

6 (viii) invasive species control;

7 (ix) wetland restoration and migratory

8 bird habitat restoration;

9 (x) improvements in fish migration;

10 and

11 (xi) conduct of any other project or ac12 tivity determined to be appropriate by the

13 Secretary.

14 (c) COST SHARING.—The Federal share of the cost of

15 any project carried out under this section shall not be less

16 than 65 percent.

17 (d) NON-FEDERAL INTEREST.—A nonprofit organiza18 tion may serve as the non-Federal interest for a project car19 ried out under this section.

20 (e) CREDITING.—

21 (1) FOR WORK.—The Secretary shall provide

22 credit, including credit for in-kind contributions of

23 up to 100 percent of the non-Federal share, for work

24 (including design work and materials) if the Sec-
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1 retary determines that the work performed by the

2 non-Federal interest is integral to the product.

3 (2) FOR OTHER CONTRIBUTIONS.—The non-Fed4 eral interest shall receive credit for land, easements,

5 rights-of-way, dredged material disposal areas, and

6 relocations necessary to implement the projects.

7 (f) COOPERATIVE AGREEMENTS.—In carrying out this

8 section, the Secretary may enter into 1 or more cooperative

9 agreements to provide financial assistance to appropriate

10 Federal, State, or local governments or nonprofit agencies,

11 including assistance for the implementation of projects to

12 be carried out under subsection (b).

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $20,000,000, to remain available until expended.

16 SEC. 3123. LAKE CHAMPLAIN WATERSHED, VERMONT AND

17 NEW YORK.

18 Section 542 of the Water Resources Development Act

19 of 2000 (114 Stat. 2671) is amended—

20 (1) in subsection (b)(2)—

21 (A) in subparagraph (D), by striking ‘‘or’’

22 at the end;

23 (B) by redesignating subparagraph (E) as

24 subparagraph (G); and
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1 (C) by inserting after subparagraph (D) the

2 following:

3 ‘‘(E) river corridor assessment, protection,

4 management, and restoration for the purposes of

5 ecosystem restoration;

6 ‘‘(F) geographic mapping conducted by the

7 Secretary using existing technical capacity to

8 produce a high-resolution, multispectral satellite

9 imagery-based land use and cover data set; or’’;

10 (2) in subsection (e)(2)—

11 (A) in subparagraph (A)—

12 (i) by striking ‘‘The non-Federal’’ and

13 inserting the following:

14 ‘‘(i) IN GENERAL.—The non-Federal’’;

15 and

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

17 ‘‘(ii) APPROVAL OF DISTRICT ENGI18 NEER.—Approval of credit for design work

19 of less than $100,000 shall be determined by

20 the appropriate district engineer.’’; and

21 (B) in subparagraph (C), by striking ‘‘up to

22 50 percent of’’; and

23 (3) in subsection (g), by striking ‘‘$20,000,000’’

24 and inserting ‘‘$32,000,000’’.
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1 SEC. 3124. CHESAPEAKE BAY OYSTER RESTORATION, VIR2 GINIA AND MARYLAND.

3 Section 704(b) of the Water Resources Development Act

4 of 1986 (33 U.S.C. 2263(b)) is amended—

5 (1) by redesignating paragraph (2) as para6 graph (4);

7 (2) in paragraph (1)—

8 (A) in the second sentence, by striking

9 ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’; and

10 (B) in the third sentence, by striking ‘‘Such

11 projects’’ and inserting the following:

12 ‘‘(2) INCLUSIONS.—Such projects’’;

13 (3) by striking paragraph (2)(D) (as redesig14 nated by paragraph (2)(B)) and inserting the fol15 lowing:

16 ‘‘(D) the restoration and rehabilitation of

17 habitat for fish, including native oysters, in the

18 Chesapeake Bay and its tributaries in Virginia

19 and Maryland, including—

20 ‘‘(i) the construction of oyster bars and

21 reefs;

22 ‘‘(ii) the rehabilitation of existing mar23 ginal habitat;

24 ‘‘(iii) the use of appropriate alter25 native substrate material in oyster bar and

26 reef construction;
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1 ‘‘(iv) the construction and upgrading

2 of oyster hatcheries; and

3 ‘‘(v) activities relating to increasing

4 the output of native oyster broodstock for

5 seeding and monitoring of restored sites to

6 ensure ecological success.

7 ‘‘(3) RESTORATION AND REHABILITATION ACTIVI8 TIES.—The restoration and rehabilitation activities

9 described in paragraph (2)(D) shall be—

10 ‘‘(A) for the purpose of establishing perma11 nent sanctuaries and harvest management areas;

12 and

13 ‘‘(B) consistent with plans and strategies

14 for guiding the restoration of the Chesapeake

15 Bay oyster resource and fishery.’’; and

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

17 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.—In

18 this subsection, the term ‘ecological success’ means—

19 ‘‘(A) achieving a tenfold increase in native

20 oyster biomass by the year 2010, from a 1994

21 baseline; and

22 ‘‘(B) the establishment of a sustainable fish23 ery as determined by a broad scientific and eco24 nomic consensus.’’.
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1 SEC. 3125. JAMES RIVER, VIRGINIA.

2 The Secretary shall accept funds from the National

3 Park Service to provide technical and project management

4 assistance for the James River, Virginia, with a particular

5 emphasis on locations along the shoreline adversely im6 pacted by Hurricane Isabel.

7 SEC. 3126. TANGIER ISLAND SEAWALL, VIRGINIA.

8 Section 577(a) of the Water Resources Development

9 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at

10 a total cost of $1,200,000, with an estimated Federal cost

11 of $900,000 and an estimated non-Federal cost of

12 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000,

13 with an estimated Federal cost of $2,400,000 and an esti14 mated non-Federal cost of $600,000.’’.

15 SEC. 3127. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM

16 COUNTY, WASHINGTON.

17 (a) IN GENERAL.—The Lower Columbia River levees

18 and bank protection works authorized by section 204 of the

19 Flood Control Act of 1950 (64 Stat. 178) is modified with

20 regard to the Wahkiakum County diking districts No. 1 and

21 3, but without regard to any cost ceiling authorized before

22 the date of enactment of this Act, to direct the Secretary

23 to provide a 1-time placement of dredged material along

24 portions of the Columbia River shoreline of Puget Island,

25 Washington, between river miles 38 to 47, and the shoreline

26 of Westport Beach, Clatsop County, Oregon, between river
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1 miles 43 to 45, to protect economic and environmental re2 sources in the area from further erosion.

3 (b) COORDINATION AND COST SHARING REQUIRE4 MENTS.—The Secretary shall carry out subsection (a)—

5 (1) in coordination with appropriate resource

6 agencies;

7 (2) in accordance with all applicable Federal

8 law (including regulations); and

9 (3) at full Federal expense.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $1,000,000.

13 SEC. 3128. LOWER GRANITE POOL, WASHINGTON.

14 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

15 AND USE RESTRICTIONS.—With respect to property covered

16 by each deed described in subsection (b)—

17 (1) the reversionary interests and use restrictions

18 relating to port or industrial purposes are extin19 guished;

20 (2) the human habitation or other building

21 structure use restriction is extinguished in each area

22 in which the elevation is above the standard project

23 flood elevation; and

24 (3) the use of fill material to raise low areas

25 above the standard project flood elevation is author-
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1 ized, except in any low area constituting wetland for

2 which a permit under section 404 of the Federal

3 Water Pollution Control Act (33 U.S.C. 1344) would

4 be required for the use of fill material.

5 (b) DEEDS.—The deeds referred to in subsection (a)

6 are as follows:

7 (1) Auditor’s File Numbers 432576, 443411,

8 499988, and 579771 of Whitman County, Wash9 ington.

10 (2) Auditor’s File Numbers 125806, 138801,

11 147888, 154511, 156928, and 176360 of Asotin Coun12 ty, Washington.

13 (c) NO EFFECT ON OTHER RIGHTS.—Nothing in this

14 section affects any remaining rights and interests of the

15 Corps of Engineers for authorized project purposes in or

16 to property covered by a deed described in subsection (b).

17 SEC. 3129. MCNARY LOCK AND DAM, MCNARY NATIONAL

18 WILDLIFE REFUGE, WASHINGTON AND IDAHO.

19 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—

20 Administrative jurisdiction over the land acquired for the

21 McNary Lock and Dam Project and managed by the United

22 States Fish and Wildlife Service under Cooperative Agree23 ment Number DACW68–4–00–13 with the Corps of Engi24 neers, Walla Walla District, is transferred from the Sec25 retary to the Secretary of the Interior.
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1 (b) EASEMENTS.—The transfer of administrative ju2 risdiction under subsection (a) shall be subject to easements

3 in existence as of the date of enactment of this Act on land

4 subject to the transfer.

5 (c) RIGHTS OF SECRETARY.—

6 (1) IN GENERAL.—Except as provided in para7 graph (3), the Secretary shall retain rights described

8 in paragraph (2) with respect to the land for which

9 administrative jurisdiction is transferred under sub10 section (a).

11 (2) RIGHTS.—The rights of the Secretary re12 ferred to in paragraph (1) are the rights—

13 (A) to flood land described in subsection (a)

14 to the standard project flood elevation;

15 (B) to manipulate the level of the McNary

16 Project Pool;

17 (C) to access such land described in sub18 section (a) as may be required to install, main19 tain, and inspect sediment ranges and carry out

20 similar activities;

21 (D) to construct and develop wetland, ri22 parian habitat, or other environmental restora23 tion features authorized by section 1135 of the

24 Water Resources Development Act of 1986 (33

25 U.S.C. 2309a) and section 206 of the Water Re-
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1 sources Development Act of 1996 (33 U.S.C.

2 2330);

3 (E) to dredge and deposit fill materials;

4 and

5 (F) to carry out management actions for the

6 purpose of reducing the take of juvenile

7 salmonids by avian colonies that inhabit, before,

8 on, or after the date of enactment of this Act,

9 any island included in the land described in sub10 section (a).

11 (3) COORDINATION.—Before exercising a right

12 described in any of subparagraphs (C) through (F) of

13 paragraph (2), the Secretary shall coordinate the ex14 ercise with the United States Fish and Wildlife Serv15 ice.

16 (d) MANAGEMENT.—

17 (1) IN GENERAL.—The land described in sub18 section (a) shall be managed by the Secretary of the

19 Interior as part of the McNary National Wildlife Ref20 uge.

21 (2) CUMMINS PROPERTY.—

22 (A) RETENTION OF CREDITS.—Habitat unit

23 credits described in the memorandum entitled

24 ‘‘Design Memorandum No. 6, LOWER SNAKE

25 RIVER FISH AND WILDLIFE COMPENSA-
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1 TION PLAN, Wildlife Compensation and Fish2 ing Access Site Selection, Letter Supplement No.

3 15, SITE DEVELOPMENT PLAN FOR THE

4 WALLULA HMU’’ provided for the Lower

5 Snake River Fish and Wildlife Compensation

6 Plan through development of the parcel of land

7 formerly known as the ‘‘Cummins property’’

8 shall be retained by the Secretary despite any

9 changes in management of the parcel on or after

10 the date of enactment of this Act.

11 (B) SITE DEVELOPMENT PLAN.—The United

12 States Fish and Wildlife Service shall obtain

13 prior approval of the Washington State Depart14 ment of Fish and Wildlife for any change to the

15 previously approved site development plan for

16 the parcel of land formerly known as the

17 ‘‘Cummins property’’.

18 (3) MADAME DORIAN RECREATION AREA.—The

19 United States Fish and Wildlife Service shall con20 tinue operation of the Madame Dorian Recreation

21 Area for public use and boater access.

22 (e) ADMINISTRATIVE COSTS.—The United States Fish

23 and Wildlife Service shall be responsible for all survey, envi24 ronmental compliance, and other administrative costs re-
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1 quired to implement the transfer of administrative jurisdic2 tion under subsection (a).

3 SEC. 3130. SNAKE RIVER PROJECT, WASHINGTON AND

4 IDAHO.

5 The Fish and Wildlife Compensation Plan for the

6 Lower Snake River, Washington and Idaho, as authorized

7 by section 101 of the Water Resources Development Act of

8 1976 (90 Stat. 2921), is modified to authorize the Secretary

9 to conduct studies and implement aquatic and riparian eco10 system restorations and improvements specifically for fish11 eries and wildlife.

12 SEC. 3131. WHATCOM CREEK WATERWAY, BELLINGHAM,

13 WASHINGTON.

14 That portion of the project for navigation, Whatcom

15 Creek Waterway, Bellingham, Washington, authorized by

16 the Act of June 25, 1910 (36 Stat. 664, chapter 382) (com17 monly known as the ‘‘River and Harbor Act of 1910’’) and

18 the River and Harbor Act of 1958 (72 Stat. 299), consisting

19 of the last 2,900 linear feet of the inner portion of the water20 way, and beginning at station 29+00 to station 0+00,

21 shall not be authorized as of the date of enactment of this

22 Act.

23 SEC. 3132. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

24 The project for flood damage reduction at Lower Mud

25 River, Milton, West Virginia, authorized by section 580 of
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1 the Water Resources Development Act of 1996 (110 Stat.

2 3790; 114 Stat. 2612), is modified to authorize the Sec3 retary to carry out the project in accordance with the rec4 ommended plan described in the Draft Limited Reevalua5 tion Report of the Corps of Engineers dated May 2004, at

6 a total cost of $57,100,000, with an estimated Federal cost

7 of $42,825,000 and an estimated non-Federal cost of

8 $14,275,000.

9 SEC. 3133. MCDOWELL COUNTY, WEST VIRGINIA.

10 (a) IN GENERAL.—The McDowell County non11 structural component of the project for flood control, Levisa

12 and Tug Fork of the Big Sandy and Cumberland Rivers,

13 West Virginia, Virginia, and Kentucky, authorized by sec14 tion 202(a) of the Energy and Water Development Appro15 priation Act, 1981 (94 Stat. 1339), is modified to direct

16 the Secretary to take measures to provide protection,

17 throughout McDowell County, West Virginia, from the reoc18 currence of the greater of—

19 (1) the April 1977 flood;

20 (2) the July 2001 flood;

21 (3) the May 2002 flood; or

22 (4) the 100-year frequency event.

23 (b) UPDATES AND REVISIONS.—The measures under

24 subsection (a) shall be carried out in accordance with, and
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1 during the development of, the updates and revisions under

2 section 2006(e)(2).

3 SEC. 3134. GREEN BAY HARBOR PROJECT, GREEN BAY, WIS4 CONSIN.

5 The portion of the inner harbor of the Federal naviga6 tion channel of the Green Bay Harbor project, authorized

7 by the first section of the Act entitled ‘‘An Act making ap8 propriations for the construction, repair, and preservation

9 of certain public works on rivers and harbors, and for other

10 purposes’’, approved July 5, 1884 (commonly known as the

11 ‘‘River and Harbor Act of 1884’’) (23 Stat. 136, chapter

12 229), from Station 190+00 to Station 378+00 is author13 ized to a width of 75 feet and a depth of 6 feet.

14 SEC. 3135. MANITOWOC HARBOR, WISCONSIN.

15 (a) IN GENERAL..—The portion of the project for navi16 gation, Manitowoc Harbor, Wisconsin, authorized by the

17 first section of the River and Harbor Act of August 30, 1852

18 (10 Stat. 58), consisting of the channel in the south part

19 of the outer harbor, deauthorized by section 101 of the River

20 and Harbor Act of 1962 (76 Stat. 1176), may be carried

21 out by the Secretary.

22 (b) LIMITATION.—No construction on the project may

23 be initiated until the Secretary determines that the project

24 is feasible.
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1 SEC. 3136. OCONTO HARBOR, WISCONSIN.

2 (a) IN GENERAL.—The portion of the project for navi3 gation, Oconto Harbor, Wisconsin, authorized by the Act

4 of August 2, 1882 (22 Stat. 196, chapter 375), and the Act

5 of June 25, 1910 (36 Stat. 664, chapter 382) (commonly

6 known as the ‘‘River and Harbor Act of 1910’’), consisting

7 of a 15-foot-deep turning basin in the Oconto River, as de8 scribed in subsection (b), is no longer authorized.

9 (b) PROJECT DESCRIPTION.—The project referred to in

10 subsection (a) is more particularly described as—

11 (1) beginning at a point along the western limit

12 of the existing project, N. 394,086.71, E. 2,530,202.71;

13 (2) thence northeasterly about 619.93 feet to a

14 point N. 394,459.10, E. 2,530,698.33;

15 (3) thence southeasterly about 186.06 feet to a

16 point N. 394,299.20, E. 2,530,793.47;

17 (4) thence southwesterly about 355.07 feet to a

18 point N. 393,967.13, E. 2,530,667.76;

19 (5) thence southwesterly about 304.10 feet to a

20 point N. 393,826.90, E. 2,530,397.92; and

21 (6) thence northwesterly about 324.97 feet to the

22 point of origin.

23 SEC. 3137. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

24 Section 21 of the Water Resources Development Act of

25 1988 (102 Stat. 4027) is amended—

26 (1) in subsection (a)—
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1 (A) by striking ‘‘1276.42’’ and inserting

2 ‘‘1278.42’’;

3 (B) by striking ‘‘1218.31’’ and inserting

4 ‘‘1221.31’’; and

5 (C) by striking ‘‘1234.82’’ and inserting

6 ‘‘1235.30’’; and

7 (2) by striking subsection (b) and inserting the

8 following:

9 ‘‘(b) EXCEPTION.—

10 ‘‘(1) IN GENERAL.—The Secretary may operate

11 the headwaters reservoirs below the minimum or

12 above the maximum water levels established under

13 subsection (a) in accordance with water control regu14 lation manuals (or revisions to those manuals) devel15 oped by the Secretary, after consultation with the

16 Governor of Minnesota and affected tribal govern17 ments, landowners, and commercial and recreational

18 users.

19 ‘‘(2) EFFECTIVE DATE OF MANUALS.—The water

20 control regulation manuals referred to in paragraph

21 (1) (and any revisions to those manuals) shall be ef22 fective as of the date on which the Secretary submits

23 the manuals (or revisions) to Congress.

24 ‘‘(3) NOTIFICATION.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B), not less than 14 days before

3 operating any headwaters reservoir below the

4 minimum or above the maximum water level

5 limits specified in subsection (a), the Secretary

6 shall submit to Congress a notice of intent to op7 erate the headwaters reservoir.

8 ‘‘(B) EXCEPTION.—Notice under subpara9 graph (A) shall not be required in any case in

10 which—

11 ‘‘(i) the operation of a headwaters res12 ervoir is necessary to prevent the loss of life

13 or to ensure the safety of a dam; or

14 ‘‘(ii) the drawdown of the water level

15 of the reservoir is in anticipation of a flood

16 control operation.’’.

17 SEC. 3138. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER18 FRONT INTERPRETIVE SITE.

19 Section 103(c)(2) of the Water Resources Development

20 Act of 1992 (106 Stat. 4811) is amended by striking ‘‘prop21 erty currently held by the Resolution Trust Corporation in

22 the vicinity of the Mississippi River Bridge’’ and inserting

23 ‘‘riverfront property’’.
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1 SEC. 3139. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON2 MENTAL MANAGEMENT PROGRAM.

3 (a) IN GENERAL.—Notwithstanding section 221 of the

4 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any

5 Upper Mississippi River fish and wildlife habitat rehabili6 tation and enhancement project carried out under section

7 1103(e) of the Water Resources Development Act of 1986

8 (33 U.S.C. 652(e)), with the consent of the affected local

9 government, a nongovernmental organization may be con10 sidered to be a non-Federal interest.

11 (b) CONFORMING AMENDMENT.—Section

12 1103(e)(1)(A)(ii) of the Water Resources Development Act

13 of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by insert14 ing before the period at the end the following: ‘‘, including

15 research on water quality issues affecting the Mississippi

16 River, including elevated nutrient levels, and the develop17 ment of remediation strategies’’.

18 SEC. 3140. UPPER BASIN OF MISSOURI RIVER.

19 (a) USE OF FUNDS.—Notwithstanding the Energy and

20 Water Development Appropriations Act, 2006 (Public Law

21 109–103; 119 Stat. 2247), funds made available for recov22 ery or mitigation activities in the lower basin of the Mis23 souri River may be used for recovery or mitigation activi24 ties in the upper basin of the Missouri River, including the

25 States of Montana, Nebraska, North Dakota, and South Da26 kota.
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1 (b) CONFORMING AMENDMENT.—The matter under the

2 heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI,

3 KANSAS, IOWA, AND NEBRASKA’’ of section 601(a) of

4 the Water Resources Development Act of 1986 (100 Stat.

5 4143), as modified by section 334 of the Water Resources

6 Development Act of 1999 (113 Stat. 306), is amended by

7 adding at the end the following: ‘‘The Secretary may carry

8 out any recovery or mitigation activities in the upper basin

9 of the Missouri River, including the States of Montana, Ne10 braska, North Dakota, and South Dakota, using funds made

11 available under this heading in accordance with the Endan12 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) and con13 sistent with the project purposes of the Missouri River

14 Mainstem System as authorized by section 10 of the Act

15 of December 22, 1944 (commonly known as the ‘Flood Con16 trol Act of 1944’) (58 Stat. 897).’’.

17 SEC. 3141. GREAT LAKES FISHERY AND ECOSYSTEM RES18 TORATION PROGRAM.

19 (a) GREAT LAKES FISHERY AND ECOSYSTEM RES20 TORATION.—Section 506(c) of the Water Resources Develop21 ment Act of 2000 (42 U.S.C. 1962d–22(c)) is amended—

22 (1) by redesignating paragraphs (2) and (3) as

23 paragraphs (3) and (4), respectively;

24 (2) by inserting after paragraph (1) the fol25 lowing:
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1 ‘‘(2) RECONNAISSANCE STUDIES.—Before plan2 ning, designing, or constructing a project under para3 graph (3), the Secretary shall carry out a reconnais4 sance study—

5 ‘‘(A) to identify methods of restoring the

6 fishery, ecosystem, and beneficial uses of the

7 Great Lakes; and

8 ‘‘(B) to determine whether planning of a

9 project under paragraph (3) should proceed.’’;

10 and

11 (3) in paragraph (4)(A) (as redesignated by

12 paragraph (1)), by striking ‘‘paragraph (2)’’ and in13 serting ‘‘paragraph (3)’’.

14 (b) COST SHARING.—Section 506(f) of the Water Re15 sources Development Act of 2000 (42 U.S.C. 1962d–22(f))

16 is amended—

17 (1) by redesignating paragraphs (2) through (5)

18 as paragraphs (3) through (6), respectively;

19 (2) by inserting after paragraph (1) the fol20 lowing:

21 ‘‘(2) RECONNAISSANCE STUDIES.—Any recon22 naissance study under subsection (c)(2) shall be car23 ried out at full Federal expense.’’;
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1 (3) in paragraph (3) (as redesignated by para2 graph (1)), by striking ‘‘(2) or (3)’’ and inserting

3 ‘‘(3) or (4)’’; and

4 (4) in paragraph (4)(A) (as redesignated by

5 paragraph (1)), by striking ‘‘subsection (c)(2)’’ and

6 inserting ‘‘subsection (c)(3)’’.

7 SEC. 3142. GREAT LAKES REMEDIAL ACTION PLANS AND

8 SEDIMENT REMEDIATION.

9 Section 401(c) of the Water Resources Development Act

10 of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended

11 by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’.

12 SEC. 3143. GREAT LAKES TRIBUTARY MODELS.

13 Section 516(g)(2) of the Water Resources Development

14 Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking

15 ‘‘through 2006’’ and inserting ‘‘through 2011’’.

16 SEC. 3144. UPPER OHIO RIVER AND TRIBUTARIES NAVIGA17 TION SYSTEM NEW TECHNOLOGY PILOT PRO18 GRAM.

19 (a) DEFINITION OF UPPER OHIO RIVER AND TRIBU20 TARIES NAVIGATION SYSTEM.—In this section, the term

21 ‘‘Upper Ohio River and Tributaries Navigation System’’

22 means the Allegheny, Kanawha, Monongahela, and Ohio

23 Rivers.

24 (b) ESTABLISHMENT.—
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1 (1) IN GENERAL.—The Secretary shall establish

2 a pilot program to evaluate new technologies applica3 ble to the Upper Ohio River and Tributaries Naviga4 tion System.

5 (2) INCLUSIONS.—The program may include the

6 design, construction, or implementation of innovative

7 technologies and solutions for the Upper Ohio River

8 and Tributaries Navigation System, including

9 projects for—

10 (A) improved navigation;

11 (B) environmental stewardship;

12 (C) increased navigation reliability; and

13 (D) reduced navigation costs.

14 (3) PURPOSES.—The purposes of the program

15 shall be, with respect to the Upper Ohio River and

16 Tributaries Navigation System—

17 (A) to increase the reliability and avail18 ability of federally-owned and federally-operated

19 navigation facilities;

20 (B) to decrease system operational risks;

21 and

22 (C) to improve—

23 (i) vessel traffic management;

24 (ii) access; and

25 (iii) Federal asset management.
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1 (c) FEDERAL OWNERSHIP REQUIREMENT.—The Sec2 retary may provide assistance for a project under this sec3 tion only if the project is federally owned.

4 (d) LOCAL COOPERATION AGREEMENTS.—

5 (1) IN GENERAL.—The Secretary shall enter into

6 local cooperation agreements with non-Federal inter7 ests to provide for the design, construction, installa8 tion, and operation of the projects to be carried out

9 under the program.

10 (2) REQUIREMENTS.—Each local cooperation

11 agreement entered into under this subsection shall in12 clude the following:

13 (A) PLAN.—Development by the Secretary,

14 in consultation with appropriate Federal and

15 State officials, of a navigation improvement

16 project, including appropriate engineering plans

17 and specifications.

18 (B) LEGAL AND INSTITUTIONAL STRUC19 TURES.—Establishment of such legal and insti20 tutional structures as are necessary to ensure the

21 effective long-term operation of the project.

22 (3) COST SHARING.—Total project costs under

23 each local cooperation agreement shall be cost-shared

24 in accordance with the formula relating to the appli25 cable original construction project.
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1 (4) EXPENDITURES.—

2 (A) IN GENERAL.—Expenditures under the

3 program may include, for establishment at feder4 ally-owned property, such as locks, dams, and

5 bridges—

6 (i) transmitters;

7 (ii) responders;

8 (iii) hardware;

9 (iv) software; and

10 (v) wireless networks.

11 (B) EXCLUSIONS.—Transmitters, respond12 ers, hardware, software, and wireless networks or

13 other equipment installed on privately-owned

14 vessels or equipment shall not be eligible under

15 the program.

16 (e) REPORT.—Not later than December 31, 2008, the

17 Secretary shall submit to Congress a report on the results

18 of the pilot program carried out under this section, together

19 with recommendations concerning whether the program or

20 any component of the program should be implemented on

21 a national basis.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $3,100,000, to remain available until expended.
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1 SEC. 3145. PERRY CREEK, IOWA.

2 (a) IN GENERAL.—On making a determination de3 scribed in subsection (b), the Secretary shall increase the

4 Federal contribution for the project for flood control, Perry

5 Creek, Iowa, authorized under section 401(a) of the Water

6 Resources Development Act of 1986 (100 Stat. 4116; 117

7 Stat. 1844).

8 (b) DETERMINATION.—A determination referred to in

9 subsection (a) is a determination that a modification to the

10 project described in that subsection is necessary for the Fed11 eral Emergency Management Agency to certify that the

12 project provides flood damage reduction benefits to at least

13 a 100-year level.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 $4,000,000.

17 SEC. 3146. RATHBUN LAKE, IOWA.

18 (a) RIGHT OF FIRST REFUSAL.—The Secretary shall

19 provide, in accordance with the recommendations in the

20 Rathbun Lake Reallocation Report approved by the Chief

21 of Engineers on July 22, 1985, the Rathbun Regional Water

22 Association with the right of first refusal to contract for

23 or purchase any increment of the remaining allocation

24 (8,320 acre-feet) of water supply storage in Rathbun Lake,

25 Iowa.
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1 (b) PAYMENT OF COST.—The Rathbun Regional Water

2 Association shall pay the cost of any water supply storage

3 allocation provided under subsection (a).

4 SEC. 3147. JACKSON COUNTY, MISSISSIPPI.

5 (a) MODIFICATION.—Section 331 of the Water Re6 sources Development Act of 1999 (113 Stat. 305) is amend7 ed by striking ‘‘$5,000,000’’ and inserting ‘‘$9,000,000’’.

8 (b) APPLICABILITY OF CREDIT.—The credit provided

9 by section 331 of the Water Resources Development Act of

10 1999 (113 Stat. 305) (as modified by subsection (a)) shall

11 apply to costs incurred by the Jackson County Board of

12 Supervisors during the period beginning on February 8,

13 1994, and ending on the date of enactment of this Act for

14 projects authorized by section 219(c)(5) of the Water Re15 sources Development Act of 1992 (106 Stat. 4835; 110 Stat.

16 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat. 2763A–219).

17 SEC. 3148. SANDBRIDGE BEACH, VIRGINIA BEACH, VIR18 GINIA.

19 The project for beach erosion control and hurricane

20 protection, Sandbridge Beach, Virginia Beach, Virginia,

21 authorized by section 101(22) of the Water Resources Devel22 opment Act of 1992 (106 Stat. 4804; 114 Stat. 2612), is

23 modified to authorize the Secretary to review the project

24 to determine whether any additional Federal interest exists

25 with respect to the project, taking into consideration condi-
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1 tions and development levels relating to the project in exist2 ence on the date of enactment of this Act.

3 TITLE IV—STUDIES

4 SEC. 4001. SEWARD BREAKWATER, ALASKA.

5 The Secretary shall review the Seward Boat Harbor

6 element of the project for navigation, Seward Harbor, Alas7 ka, authorized by section 101(a)(3) of the Water Resources

8 Development Act of 1999 (113 Stat. 274), to determine

9 whether the failure of the outer breakwater to protect the

10 harbor from heavy wave damage resulted from a design de11 ficiency.

12 SEC. 4002. NOME HARBOR IMPROVEMENTS, ALASKA.

13 The Secretary shall review the project for navigation,

14 Nome Harbor improvements, Alaska, authorized by section

15 101(a)(1) of the Water Resources Development Act of 1999

16 (113 Stat. 273), to determine whether the project cost in17 creases, including the cost of rebuilding the entrance chan18 nel damaged in a September 2005 storm, resulted from a

19 design deficiency.

20 SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA21 TION CHANNEL.

22 (a) IN GENERAL.—To determine with improved accu23 racy the environmental impacts of the project on the

24 McClellan-Kerr Arkansas River Navigation Channel (re25 ferred to in this section as the ‘‘MKARN’’), the Secretary
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1 shall carry out the measures described in subsection (b) in

2 a timely manner.

3 (b) SPECIES STUDY.—

4 (1) IN GENERAL.—The Secretary, in conjunction

5 with Oklahoma State University, shall convene a

6 panel of experts with acknowledged expertise in wild7 life biology and genetics to review the available sci8 entific information regarding the genetic variation of

9 various sturgeon species and possible hybrids of those

10 species that, as determined by the United States Fish

11 and Wildlife Service, may exist in any portion of the

12 MKARN.

13 (2) REPORT.—The Secretary shall direct the

14 panel to report to the Secretary, not later than 1 year

15 after the date of enactment of this Act and in the best

16 scientific judgment of the panel—

17 (A) the level of genetic variation between

18 populations of sturgeon sufficient to determine or

19 establish that a population is a measurably dis20 tinct species, subspecies, or population segment;

21 and

22 (B) whether any pallid sturgeons that may

23 be found in the MKARN (including any tribu24 tary of the MKARN) would qualify as such a
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1 distinct species, subspecies, or population seg2 ment.

3 SEC. 4004. FRUITVALE AVENUE RAILROAD BRIDGE, ALA4 MEDA, CALIFORNIA.

5 (a) IN GENERAL.—The Secretary shall prepare a com6 prehensive report that examines the condition of the existing

7 Fruitvale Avenue Railroad Bridge, Alameda County, Cali8 fornia (referred to in this section as the ‘‘Railroad Bridge’’),

9 and determines the most economic means to maintain that

10 rail link by either repairing or replacing the Railroad

11 Bridge.

12 (b) REQUIREMENTS.—The report under this section

13 shall include—

14 (1) a determination of whether the Railroad

15 Bridge is in immediate danger of failing or col16 lapsing;

17 (2) the annual costs to maintain the Railroad

18 Bridge;

19 (3) the costs to place the Railroad Bridge in a

20 safe, ‘‘no-collapse’’ condition, such that the Railroad

21 Bridge will not endanger maritime traffic;

22 (4) the costs to retrofit the Railroad Bridge such

23 that the Railroad Bridge may continue to serve as a

24 rail link between the Island of Alameda and the

25 Mainland; and
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1 (5) the costs to construct a replacement for the

2 Railroad Bridge capable of serving the current and

3 future rail, light rail, and homeland security needs of

4 the region.

5 (c) SUBMISSION OF REPORT.—The Secretary shall—

6 (1) complete the Railroad Bridge report under

7 subsection (a) not later than 180 days after the date

8 of enactment of this Act; and

9 (2) submit the report to the Committee on Envi10 ronment and Public Works of the Senate and Com11 mittee on Transportation and Infrastructure of the

12 House of Representatives.

13 (d) LIMITATIONS.—The Secretary shall not—

14 (1) demolish the Railroad Bridge or otherwise

15 render the Railroad Bridge unavailable or unusable

16 for rail traffic; or

17 (2) reduce maintenance of the Railroad Bridge.

18 (e) EASEMENT.—

19 (1) IN GENERAL.—The Secretary shall provide to

20 the city of Alameda, California, a nonexclusive access

21 easement over the Oakland Estuary that comprises

22 the subsurface land and surface approaches for the

23 Railroad Bridge that—

24 (A) is consistent with the Bay Trail Pro25 posal of the City of Oakland; and
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1 (B) is otherwise suitable for the improve2 ment, operation, and maintenance of the Rail3 road Bridge or construction, operation, and

4 maintenance of a suitable replacement bridge.

5 (2) COST.—The easement under paragraph (1)

6 shall be provided to the city of Alameda without con7 sideration and at no cost to the United States.

8 SEC. 4005. LOS ANGELES RIVER REVITALIZATION STUDY,

9 CALIFORNIA.

10 (a) IN GENERAL.—The Secretary, in coordination

11 with the city of Los Angeles, shall—

12 (1) prepare a feasibility study for environmental

13 ecosystem restoration, flood control, recreation, and

14 other aspects of Los Angeles River revitalization that

15 is consistent with the goals of the Los Angeles River

16 Revitalization Master Plan published by the city of

17 Los Angeles; and

18 (2) consider any locally-preferred project alter19 natives developed through a full and open evaluation

20 process for inclusion in the study.

21 (b) USE OF EXISTING INFORMATION AND MEAS22 URES.—In preparing the study under subsection (a), the

23 Secretary shall use, to the maximum extent practicable—

24 (1) information obtained from the Los Angeles

25 River Revitalization Master Plan; and
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1 (2) the development process of that plan.

2 (c) DEMONSTRATION PROJECTS.—

3 (1) IN GENERAL.—The Secretary is authorized to

4 construct demonstration projects in order to provide

5 information to develop the study under subsection

6 (a)(1).

7 (2) FEDERAL SHARE.—The Federal share of the

8 cost of any project under this subsection shall be not

9 more than 65 percent.

10 (3) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated to carry out

12 this subsection $25,000,000.

13 SEC. 4006. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

14 The Secretary shall carry out a study for bank sta15 bilization and shore protection for Nicholas Canyon, Los

16 Angeles, California, under section 3 of the Act of August

17 13, 1946 (33 U.S.C. 426g).

18 SEC. 4007. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL

19 STUDY.

20 Section 414 of the Water Resources Development Act

21 of 2000 (114 Stat. 2636) is amended by striking ‘‘32

22 months’’ and inserting ‘‘44 months’’.

23 SEC. 4008. COMPREHENSIVE FLOOD PROTECTION PROJECT,

24 ST. HELENA, CALIFORNIA.

25 (a) FLOOD PROTECTION PROJECT.—
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1 (1) REVIEW.—The Secretary shall review the

2 project for flood control and environmental restora3 tion at St. Helena, California, generally in accord4 ance with Enhanced Minimum Plan A, as described

5 in the final environmental impact report prepared by

6 the city of St. Helena, California, and certified by the

7 city to be in compliance with the California Environ8 mental Quality Act on February 24, 2004.

9 (2) ACTION ON DETERMINATION.—If the Sec10 retary determines under paragraph (1) that the

11 project is economically justified, technically sound,

12 and environmentally acceptable, the Secretary is au13 thorized to carry out the project at a total cost of

14 $30,000,000, with an estimated Federal cost of

15 $19,500,000 and an estimated non-Federal cost of

16 $10,500,000.

17 (b) COST SHARING.—Cost sharing for the project de18 scribed in subsection (a) shall be in accordance with section

19 103 of the Water Resources Development Act of 1986 (33

20 U.S.C. 2213).

21 SEC. 4009. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA22 QUIN DELTA, SHERMAN ISLAND, CALIFORNIA.

23 The Secretary shall carry out a study of the feasibility

24 of a project to use Sherman Island, California, as a dredged

25 material rehandling facility for the beneficial use of dredged
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1 material to enhance the environment and meet other water

2 resource needs on the Sacramento-San Joaquin Delta, Cali3 fornia, under section 204 of the Water Resources Develop4 ment Act of 1992 (33 U.S.C. 2326).

5 SEC. 4010. SOUTH SAN FRANCISCO BAY SHORELINE STUDY,

6 CALIFORNIA.

7 (a) IN GENERAL.—The Secretary, in cooperation with

8 non-Federal interests, shall conduct a study of the feasi9 bility of carrying out a project for—

10 (1) flood protection of South San Francisco Bay

11 shoreline;

12 (2) restoration of the South San Francisco Bay

13 salt ponds (including on land owned by other Federal

14 agencies); and

15 (3) other related purposes, as the Secretary deter16 mines to be appropriate.

17 (b) INDEPENDENT REVIEW.—To the extent required by

18 applicable Federal law, a national science panel shall con19 duct an independent review of the study under subsection

20 (a).

21 (c) REPORT.—

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

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

24 submit to Congress a report describing the results of

25 the study under subsection (a).
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1 (2) INCLUSIONS.—The report under paragraph

2 (1) shall include recommendations of the Secretary

3 with respect to the project described in subsection (a)

4 based on planning, design, and land acquisition docu5 ments prepared by—

6 (A) the California State Coastal Conser7 vancy;

8 (B) the Santa Clara Valley Water District;

9 and

10 (C) other local interests.

11 SEC. 4011. SAN PABLO BAY WATERSHED RESTORATION,

12 CALIFORNIA.

13 (a) IN GENERAL.—The Secretary shall complete work

14 as expeditiously as practicable on the study for the San

15 Pablo watershed, California, authorized by section 209 of

16 the Flood Control Act of 1962 (76 Stat. 1196) to determine

17 the feasibility of opportunities for restoring, preserving, and

18 protecting the San Pablo Bay Watershed.

19 (b) REPORT.—Not later than March 31, 2008, the Sec20 retary shall submit to Congress a report that describes the

21 results of the study.

22 SEC. 4012. FOUNTAIN CREEK, NORTH OF PUEBLO, COLO23 RADO.

24 Subject to the availability of appropriations, the Sec25 retary shall expedite the completion of the Fountain Creek,
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1 North of Pueblo, Colorado, watershed study authorized by

2 a resolution adopted by the Committee on Public Works and

3 Transportation of the House of Representatives on Sep4 tember 23, 1976.

5 SEC. 4013. SELENIUM STUDY, COLORADO.

6 (a) IN GENERAL.—The Secretary, in consultation with

7 State water quality and resource and conservation agencies,

8 shall conduct regional and watershed-wide studies to ad9 dress selenium concentrations in the State of Colorado, in10 cluding studies—

11 (1) to measure selenium on specific sites; and

12 (2) to determine whether specific selenium meas13 ures studied should be recommended for use in dem14 onstration projects.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $5,000,000.

18 SEC. 4014. DELAWARE INLAND BAYS AND TRIBUTARIES AND

19 ATLANTIC COAST, DELAWARE.

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

21 study to determine the feasibility of modifying the project

22 for navigation, Indian River Inlet and Bay, Delaware.

23 (b) FACTORS FOR CONSIDERATION AND PRIORITY.—

24 In carrying out the study under subsection (a), the Sec25 retary shall—
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1 (1) take into consideration all necessary activi2 ties to stabilize the scour holes threatening the Inlet

3 and Bay shorelines; and

4 (2) give priority to stabilizing and restoring the

5 Inlet channel and scour holes adjacent to the United

6 States Coast Guard pier and helipad and the adja7 cent State-owned properties.

8 SEC. 4015. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR

9 REHABILITATION REPORT, FLORIDA.

10 (a) IN GENERAL.—Not later than 120 days after the

11 date of enactment of this Act, the Secretary shall publish

12 a supplemental report to the major rehabilitation report for

13 the Herbert Hoover Dike system approved by the Chief of

14 Engineers in November 2000.

15 (b) INCLUSIONS.—The supplemental report under sub16 section (a) shall include—

17 (1) an evaluation of existing conditions at the

18 Herbert Hoover Dike system;

19 (2) an identification of additional risks associ20 ated with flood events at the system that are equal to

21 or greater than the standard projected flood risks;

22 (3) an evaluation of the potential to integrate

23 projects of the Corps of Engineers into an enhanced

24 flood protection system for Lake Okeechobee,

25 including—
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1 (A) the potential for additional water stor2 age north of Lake Okeechobee; and

3 (B) an analysis of other project features in4 cluded in the Comprehensive Everglades Restora5 tion Plan; and

6 (4) a review of the report prepared for the South

7 Florida Water Management District dated April

8 2006.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $1,500,000.

12 SEC. 4016. BOISE RIVER, IDAHO.

13 The study for flood control, Boise River, Idaho, author14 ized by section 414 of the Water Resources Development Act

15 of 1999 (113 Stat. 324), is modified to include ecosystem

16 restoration and water supply as project purposes to be stud17 ied.

18 SEC. 4017. PROMONTORY POINT THIRD-PARTY REVIEW, CHI19 CAGO SHORELINE, CHICAGO, ILLINOIS.

20 (a) REVIEW.—

21 (1) IN GENERAL.—The Secretary is authorized to

22 conduct a third-party review of the Promontory Point

23 project along the Chicago Shoreline, Chicago, Illinois,

24 at a cost not to exceed $450,000.
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1 (2) JOINT REVIEW.—The Buffalo and Seattle

2 Districts of the Corps of Engineers shall jointly con3 duct the review under paragraph (1).

4 (3) STANDARDS.—The review shall be based on

5 the standards under part 68 of title 36, Code of Fed6 eral Regulations (or successor regulation), for imple7 mentation by the non-Federal sponsor for the Chicago

8 Shoreline Chicago, Illinois, project.

9 (b) CONTRIBUTIONS.—The Secretary shall accept from

10 a State or political subdivision of a State voluntarily con11 tributed funds to initiate the third-party review.

12 (c) TREATMENT.—While the third-party review is of

13 the Promontory Point portion of the Chicago Shoreline,

14 Chicago, Illinois, project, the third-party review shall be

15 separate and distinct from the Chicago Shoreline, Chicago,

16 Illinois, project.

17 (d) EFFECT OF SECTION.—Nothing in this section af18 fects the authorization for the Chicago Shoreline, Chicago,

19 Illinois, project.

20 SEC. 4018. VIDALIA PORT, LOUISIANA.

21 The Secretary shall conduct a study to determine the

22 feasibility of carrying out a project for navigation improve23 ment at Vidalia, Louisiana.
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1 SEC. 4019. LAKE ERIE AT LUNA PIER, MICHIGAN.

2 The Secretary shall study the feasibility of storm dam3 age reduction and beach erosion protection and other re4 lated purposes along Lake Erie at Luna Pier, Michigan.

5 SEC. 4020. WILD RICE RIVER, MINNESOTA.

6 The Secretary shall expedite the completion of the gen7 eral reevaluation report authorized by section 438 of the

8 Water Resources Development Act of 2000 (114 Stat. 2640)

9 for the project for flood protection, Wild Rice River, Min10 nesota, authorized by section 201 of the Flood Control Act

11 of 1970 (84 Stat. 1825), to develop alternatives to the Twin

12 Valley Lake feature of that project.

13 SEC. 4021. ASIAN CARP DISPERSAL BARRIER DEMONSTRA14 TION PROJECT, UPPER MISSISSIPPI RIVER.

15 (a) IN GENERAL.—The Secretary is authorized to

16 carry out a study to determine the feasibility of con17 structing a fish barrier demonstration project to delay,

18 deter, impede, or restrict the invasion of Asian carp into

19 the northern reaches of the Upper Mississippi River.

20 (b) REQUIREMENT.—In conducting the study under

21 subsection (a), the Secretary shall take into consideration

22 the feasibility of locating the fish barrier at the lock portion

23 of the project at Lock and Dam 11 in the Upper Mississippi

24 River Basin.
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1 SEC. 4022. FLOOD DAMAGE REDUCTION, OHIO.

2 The Secretary shall conduct a study to determine the

3 feasibility of carrying out projects for flood damage reduc4 tion in Cuyahoga, Lake, Ashtabula, Geauga, Erie, Lucas,

5 Sandusky, Huron, and Stark Counties, Ohio.

6 SEC. 4023. MIDDLE BASS ISLAND STATE PARK, MIDDLE

7 BASS ISLAND, OHIO.

8 The Secretary shall carry out a study of the feasibility

9 of a project for navigation improvements, shoreline protec10 tion, and other related purposes, including the rehabilita11 tion the harbor basin (including entrance breakwaters), in12 terior shoreline protection, dredging, and the development

13 of a public launch ramp facility, for Middle Bass Island

14 State Park, Middle Bass Island, Ohio.

15 SEC. 4024. OHIO RIVER, OHIO.

16 The Secretary shall conduct a study to determine the

17 feasibility of carrying out projects for flood damage reduc18 tion on the Ohio River in Mahoning, Columbiana, Jeffer19 son, Belmont, Noble, Monroe, Washington, Athens, Meigs,

20 Gallia, Lawrence, and Scioto Counties, Ohio.

21 SEC. 4025. TOLEDO HARBOR DREDGED MATERIAL PLACE22 MENT, TOLEDO, OHIO.

23 The Secretary shall study the feasibility of removing

24 previously dredged and placed materials from the Toledo

25 Harbor confined disposal facility, transporting the mate-
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1 rials, and disposing of the materials in or at abandoned

2 mine sites in southeastern Ohio.

3 SEC. 4026. TOLEDO HARBOR, MAUMEE RIVER, AND LAKE

4 CHANNEL PROJECT, TOLEDO, OHIO.

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

6 study to determine the feasibility of constructing a project

7 for navigation, Toledo, Ohio.

8 (b) FACTORS FOR CONSIDERATION.—In conducting the

9 study under subsection (a), the Secretary shall take into

10 consideration—

11 (1) realigning the existing Toledo Harbor chan12 nel widening occurring where the River Channel

13 meets the Lake Channel from the northwest to the

14 southeast side of the Channel;

15 (2) realigning the entire 200-foot wide channel

16 located at the upper river terminus of the River

17 Channel southern river embankment towards the

18 northern river embankment; and

19 (3) adjusting the existing turning basin to ac20 commodate those changes.

21 SEC. 4027. WOONSOCKET LOCAL PROTECTION PROJECT,

22 BLACKSTONE RIVER BASIN, RHODE ISLAND.

23 The Secretary shall conduct a study, and, not later

24 than June 30, 2008, submit to Congress a report that de25 scribes the results of the study, on the flood damage reduc-
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1 tion project, Woonsocket, Blackstone River Basin, Rhode Is2 land, authorized by the Act of December 22, 1944 (com3 monly known as the ‘‘Flood Control Act of 1944’’) (58 Stat.

4 887, chapter 665), to determine the measures necessary to

5 restore the level of protection of the project as originally

6 designed and constructed.

7 SEC. 4028. PROJECTS FOR IMPROVEMENT, SAVANNAH

8 RIVER, SOUTH CAROLINA AND GEORGIA.

9 (a) IN GENERAL.—The Secretary shall determine the

10 feasibility of carrying out projects—

11 (1) to improve the Savannah River for naviga12 tion and related purposes that may be necessary to

13 support the location of container cargo and other port

14 facilities to be located in Jasper County, South Caro15 lina, in the vicinity of Mile 6 of the Savannah Har16 bor entrance channel; and

17 (2) to remove from the proposed Jasper County

18 port site the easements used by the Corps of Engineers

19 for placement of dredged fill materials for the Savan20 nah Harbor Federal navigation project.

21 (b) FACTORS FOR CONSIDERATION.—In making a de22 termination under subsection (a), the Secretary shall take

23 into consideration—

24 (1) landside infrastructure;
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1 (2) the provision of any additional dredged ma2 terial disposal area as a consequence of removing

3 from the proposed Jasper County port site the ease4 ments used by the Corps of Engineers for placement

5 of dredged fill materials for the Savannah Harbor

6 Federal navigation project; and

7 (3) the results of the proposed bistate compact be8 tween the State of Georgia and the State of South

9 Carolina to own, develop, and operate port facilities

10 at the proposed Jasper County port site, as described

11 in the term sheet executed by the Governor of the

12 State of Georgia and the Governor of the State of

13 South Carolina on March 12, 2007.

14 SEC. 4029. JOHNSON CREEK, ARLINGTON, TEXAS.

15 The Secretary shall conduct a feasibility study to de16 termine the technical soundness, economic feasibility, and

17 environmental acceptability of the plan prepared by the

18 city of Arlington, Texas, as generally described in the report

19 entitled ‘‘Johnson Creek: A Vision of Conservation, Arling20 ton, Texas’’, dated March 2006.

21 SEC. 4030. ECOSYSTEM AND HYDROPOWER GENERATION

22 DAMS, VERMONT.

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

24 study of the potential to carry out ecosystem restoration and

25 hydropower generation at dams in the State of Vermont,
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1 including a review of the report of the Secretary on the land

2 and water resources of the New England–New York region

3 submitted to the President on April 27, 1956 (published as

4 Senate Document Number 14, 85th Congress), and other rel5 evant reports.

6 (b) PURPOSE.—The purpose of the study under sub7 section (a) shall be to determine the feasibility of providing

8 water resource improvements and small-scale hydropower

9 generation in the State of Vermont, including, as appro10 priate, options for dam restoration, hydropower, dam re11 moval, and fish passage enhancement.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to carry out this section $500,000, to remain

14 available until expended.

15 SEC. 4031. EURASIAN MILFOIL.

16 Under the authority of section 104 of the River and

17 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall

18 carry out a study, at full Federal expense, to develop na19 tional protocols for the use of the Euhrychiopsis lecontei

20 weevil for biological control of Eurasian milfoil in the lakes

21 of Vermont and other northern tier States.
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1 SEC. 4032. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND

2 NEW YORK.

3 (a) DISPERSAL BARRIER PROJECT.—The Secretary

4 shall determine, at full Federal expense, the feasibility of

5 a dispersal barrier project at the Lake Champlain Canal.

6 (b) CONSTRUCTION, MAINTENANCE, AND OPER7 ATION.—If the Secretary determines that the project de8 scribed in subsection (a) is feasible, the Secretary shall con9 struct, maintain, and operate a dispersal barrier at the

10 Lake Champlain Canal at full Federal expense.

11 SEC. 4033. BAKER BAY AND ILWACO HARBOR, WASHINGTON.

12 The Secretary shall conduct a study of increased silta13 tion in Baker Bay and Ilwaco Harbor, Washington, to de14 termine whether the siltation is the result of a Federal navi15 gation project.

16 SEC. 4034. ELLIOT BAY SEAWALL REHABILITATION STUDY,

17 WASHINGTON.

18 The study for the rehabilitation of the Elliot Bay Sea19 wall, Seattle, Washington, is modified to direct the Sec20 retary to determine the feasibility of reducing future dam21 age to the seawall from seismic activity.

22 SEC. 4035. JOHNSONVILLE DAM, JOHNSONVILLE, WIS23 CONSIN.

24 The Secretary shall conduct a study of the Johnsonville

25 Dam, Johnsonville, Wisconsin, to determine whether the

26 structure prevents ice jams on the Sheboygan River.
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1 SEC. 4036. DEBRIS REMOVAL.

2 (a) REEVALUATION.—

3 (1) IN GENERAL.—Not later than 90 days after

4 the date of enactment of this Act, the Secretary, in co5 ordination with the Administrator of the Environ6 mental Protection Agency and in consultation with

7 affected communities, shall conduct a complete re8 evaluation of Federal and non-Federal demolition, de9 bris removal, segregation, transportation, and dis10 posal practices relating to disaster areas designated

11 in response to Hurricanes Katrina and Rita (includ12 ing regulated and nonregulated materials and debris).

13 (2) INCLUSIONS.—The reevaluation under para14 graph (1) shall include a review of—

15 (A) compliance with all applicable environ16 mental laws;

17 (B) permits issued or required to be issued

18 with respect to debris handling, transportation,

19 storage, or disposal; and

20 (C) administrative actions relating to de21 bris removal and disposal in the disaster areas

22 described in paragraph (1).

23 (b) REPORT.—Not later than 120 days after the date

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

25 Committee on the Environment and Public Works of the
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1 Senate and the Committee on Transportation and Infra2 structure of the House of Representatives a report that—

3 (1) describes the findings of the Secretary with

4 respect to the reevaluation under subsection (a);

5 (2)(A) certifies compliance with all applicable

6 environmental laws; and

7 (B) identifies any area in which a violation of

8 such a law has occurred or is occurring;

9 (3) includes recommendations to ensure—

10 (A) the protection of the environment;

11 (B) sustainable practices; and

12 (C) the integrity of hurricane and flood pro13 tection infrastructure relating to debris disposal

14 practices;

15 (4) contains an enforcement plan that is de16 signed to prevent illegal dumping of hurricane debris

17 in a disaster area; and

18 (5) contains plans of the Secretary and the Ad19 ministrator to involve the public and non-Federal in20 terests, including through the formation of a Federal

21 advisory committee, as necessary, to seek public com22 ment relating to the removal, disposal, and planning

23 for the handling of post-hurricane debris.
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1 SEC. 4037. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK.

2 (a) IN GENERAL.—The Secretary shall conduct a wa3 tershed study of the Mohawk River watershed, Oneida

4 County, New York, with a particular emphasis on improv5 ing water quality and the environment.

6 (b) RECOMMENDATIONS.—In conducting the study

7 under subsection (a), the Secretary shall take into consider8 ation impacts on the Sauquoit Creek Watershed and the

9 economy.

10 SEC. 4038. WALLA WALLA RIVER BASIN, OREGON AND WASH11 INGTON.

12 In conducting the study to determine the feasibility of

13 carrying out a project for ecosystem restoration, Walla

14 Walla River Basin, Oregon and Washington, the Secretary

15 shall—

16 (1) provide a credit toward the non-Federal

17 share of the cost of the project for the cost of any ac18 tivity carried out by the non-Federal interest before

19 the date of the partnership agreement for the project,

20 if the Secretary determines that the activity is inte21 gral to the project; and

22 (2) allow the non-Federal interest to provide the

23 non-Federal share of the cost of the study in the form

24 of in-kind services and materials.
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 5001. LAKES PROGRAM.

4 Section 602(a) of the Water Resources Development

5 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295)

6 is amended—

7 (1) in paragraph (18), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (19), by striking the period at

10 the end and inserting a semicolon; and

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

12 ‘‘(20) Lake Sakakawea, North Dakota, removal

13 of silt and aquatic growth and measures to address

14 excessive sedimentation;

15 ‘‘(21) Lake Morley, Vermont, removal of silt and

16 aquatic growth and measures to address excessive

17 sedimentation;

18 ‘‘(22) Lake Fairlee, Vermont, removal of silt and

19 aquatic growth and measures to address excessive

20 sedimentation; and

21 ‘‘(23) Lake Rodgers, Creedmoor, North Carolina,

22 removal of silt and excessive nutrients and restoration

23 of structural integrity.’’.
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1 SEC. 5002. ESTUARY RESTORATION.

2 (a) PURPOSES.—Section 102 of the Estuary Restora3 tion Act of 2000 (33 U.S.C. 2901) is amended—

4 (1) in paragraph (1), by inserting before the

5 semicolon the following: ‘‘by implementing a coordi6 nated Federal approach to estuary habitat restoration

7 activities, including the use of common monitoring

8 standards and a common system for tracking restora9 tion acreage’’;

10 (2) in paragraph (2), by inserting ‘‘and imple11 ment’’ after ‘‘to develop’’; and

12 (3) in paragraph (3), by inserting ‘‘through co13 operative agreements’’ after ‘‘restoration projects’’.

14 (b) DEFINITION OF ESTUARY HABITAT RESTORATION

15 PLAN.—Section 103(6)(A) of the Estuary Restoration Act

16 of 2000 (33 U.S.C. 2902(6)(A)) is amended by striking

17 ‘‘Federal or State’’ and inserting ‘‘Federal, State, or re18 gional’’.

19 (c) ESTUARY HABITAT RESTORATION PROGRAM.—

20 Section 104 of the Estuary Restoration Act of 2000 (33

21 U.S.C. 2903) is amended—

22 (1) in subsection (a), by inserting ‘‘through the

23 award of contracts and cooperative agreements’’ after

24 ‘‘assistance’’;

25 (2) in subsection (c)—
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1 (A) in paragraph (3)(A), by inserting ‘‘or

2 State’’ after ‘‘Federal’’; and

3 (B) in paragraph (4)(B), by inserting ‘‘or

4 approach’’ after ‘‘technology’’;

5 (3) in subsection (d)—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘Except’’ and inserting

8 the following:

9 ‘‘(i) IN GENERAL.—Except’’; and

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

11 ‘‘(ii) MONITORING.—

12 ‘‘(I) COSTS.—The costs of moni13 toring an estuary habitat restoration

14 project funded under this title may be

15 included in the total cost of the estuary

16 habitat restoration project.

17 ‘‘(II) GOALS.—The goals of the

18 monitoring shall be—

19 ‘‘(aa) to measure the effec20 tiveness of the restoration project;

21 and

22 ‘‘(bb) to allow adaptive man23 agement to ensure project suc24 cess.’’;
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1 (B) in paragraph (2), by inserting ‘‘or ap2 proach’’ after ‘‘technology’’; and

3 (C) in paragraph (3), by inserting ‘‘(in4 cluding monitoring)’’ after ‘‘services’’;

5 (4) in subsection (f)(1)(B), by inserting ‘‘long6 term’’ before ‘‘maintenance’’; and

7 (5) in subsection (g)—

8 (A) by striking ‘‘In carrying’’ and inserting

9 the following:

10 ‘‘(1) IN GENERAL.—In carrying’’; and

11 (B) by adding at the end the following:

12 ‘‘(2) SMALL PROJECTS.—

13 ‘‘(A) DEFINITION OF SMALL PROJECT.—In

14 this paragraph, the term ‘small project’ means a

15 project carried out under this title at a Federal

16 cost of less than $1,000,000.

17 ‘‘(B) SMALL PROJECT DELEGATION.—In

18 carrying out this title, the Secretary, upon the

19 recommendation of the Council, may delegate

20 implementation of a small project to—

21 ‘‘(i) the Secretary of the Interior (act22 ing through the Director of the United

23 States Fish and Wildlife Service);
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1 ‘‘(ii) the Under Secretary for Oceans

2 and Atmosphere of the Department of Com3 merce;

4 ‘‘(iii) the Administrator of the Envi5 ronmental Protection Agency; or

6 ‘‘(iv) the Secretary of Agriculture.

7 ‘‘(C) FUNDING.—The implementation of a

8 small project delegated to the head of a Federal

9 department or agency under this paragraph may

10 be carried out using—

11 ‘‘(i) funds appropriated to the depart12 ment or agency under section 109(a)(1); or

13 ‘‘(ii) any other funds available to the

14 department or agency.

15 ‘‘(D) AGREEMENTS.—The Federal depart16 ment or agency to which implementation of a

17 small project is delegated shall enter into an

18 agreement with the non-Federal interest gen19 erally in conformance with the criteria in sub20 sections (d) and (e). Cooperative agreements may

21 be used for any delegated project.’’.

22 (d) ESTABLISHMENT OF ESTUARY HABITAT RESTORA23 TION COUNCIL.—Section 105(b) of the Estuary Restoration

24 Act of 2000 (33 U.S.C. 2904(b)) is amended—
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1 (1) in paragraph (4), by striking ‘‘and’’ after the

2 semicolon;

3 (2) in paragraph (5), by striking the period at

4 the end and inserting a semicolon; and

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

6 ‘‘(6) cooperating in the implementation of the

7 strategy developed under section 106;

8 ‘‘(7) recommending standards for monitoring for

9 restoration projects and contribution of project infor10 mation to the database developed under section 107;

11 and

12 ‘‘(8) otherwise using the respective agency au13 thorities of the Council members to carry out this

14 title.’’.

15 (e) MONITORING OF ESTUARY HABITAT RESTORATION

16 PROJECTS.—Section 107(d) of the Estuary Restoration Act

17 of 2000 (33 U.S.C. 2906(d)) is amended by striking ‘‘com18 pile’’ and inserting ‘‘have general data compilation, coordi19 nation, and analysis responsibilities to carry out this title

20 and in support of the strategy developed under this section,

21 including compilation of’’.

22 (f) REPORTING.—Section 108(a) of the Estuary Res23 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by

24 striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and

25 tenth’’.
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1 (g) FUNDING.—Section 109(a) of the Estuary Restora2 tion Act of 2000 (33 U.S.C. 2908(a)) is amended—

3 (1) in paragraph (1)—

4 (A) in the matter preceding subparagraph

5 (A), by striking ‘‘to the Secretary’’; and

6 (B) by striking subparagraphs (A) through

7 (D) and inserting the following:

8 ‘‘(A) to the Secretary, $25,000,000 for each

9 of fiscal years 2007 through 2011;

10 ‘‘(B) to the Secretary of the Interior (acting

11 through the Director of the United States Fish

12 and Wildlife Service), $2,500,000 for each of fis13 cal years 2007 through 2011;

14 ‘‘(C) to the Under Secretary for Oceans and

15 Atmosphere of the Department of Commerce,

16 $2,500,000 for each of fiscal years 2007 through

17 2011;

18 ‘‘(D) to the Administrator of the Environ19 mental Protection Agency, $2,500,000 for each of

20 fiscal years 2007 through 2011; and

21 ‘‘(E) to the Secretary of Agriculture,

22 $2,500,000 for each of fiscal years 2007 through

23 2011.’’; and

24 (2) in the first sentence of paragraph (2)—
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1 (A) by inserting ‘‘and other information

2 compiled under section 107’’ after ‘‘this title’’;

3 and

4 (B) by striking ‘‘2005’’ and inserting

5 ‘‘2011’’.

6 (h) GENERAL PROVISIONS.—Section 110 of the Estu7 ary Restoration Act of 2000 (33 U.S.C. 2909) is amended—

8 (1) in subsection (b)(1)—

9 (A) by inserting ‘‘or contracts’’ after ‘‘agree10 ments’’; and

11 (B) by inserting ‘‘, nongovernmental orga12 nizations,’’ after ‘‘agencies’’; and

13 (2) by striking subsections (d) and (e).

14 SEC. 5003. ENVIRONMENTAL INFRASTRUCTURE.

15 Section 219 of the Water Resources Development Act

16 of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334;

17 113 Stat. 1494; 114 Stat. 2763A–219) is amended—

18 (1) in subsection (c)(5), by striking ‘‘a project

19 for the elimination or control of combined sewer over20 flows’’ and inserting ‘‘projects for the design, installa21 tion, enhancement or repair of sewer systems’’;

22 (2) in subsection (e)(1), by striking

23 ‘‘$20,000,000’’ and inserting ‘‘$32,500,000’’; and

24 (3) in subsection (f)—
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1 (A) in paragraph (30), by striking

2 ‘‘$55,000,000’’ and inserting ‘‘$75,000,000’’; and

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

4 ‘‘(77) CHATTOOGA COUNTY, GEORGIA.—

5 $8,000,000 for waste and drinking water infrastruc6 ture improvement, Chattooga County, Georgia.

7 ‘‘(78) ALBANY, GEORGIA.—$4,000,000 storm

8 drainage system, Albany, Georgia.

9 ‘‘(79) MOULTRIE, GEORGIA.—$5,000,000 for

10 water supply infrastructure, Moultrie, Georgia.

11 ‘‘(80) STEPHENS COUNTY/CITY OF TOCCOA,

12 GEORGIA.—$8,000,000 water infrastructure improve13 ments, Stephens County/City of Toccoa, Georgia.

14 ‘‘(81) DAHLONEGA, GEORGIA.—$5,000,000 for

15 water infrastructure improvements, Dahlonega, Geor16 gia.

17 ‘‘(82) BANKS COUNTY, GEORGIA.—$5,000,000 for

18 water infrastructure improvements, Banks County,

19 Georgia.

20 ‘‘(83) BERRIEN COUNTY, GEORGIA.—$5,000,000

21 for water infrastructure improvements, Berrien Coun22 ty, Georgia.

23 ‘‘(84) CITY OF EAST POINT, GEORGIA.—

24 $5,000,000 for water infrastructure improvements,

25 City of East Point, Georgia.
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1 ‘‘(85) ARMUCHEE VALLEY: CHATTOOGA, FLOYD,

2 GORDON, WALKER, AND WHITIFIELD COUNTIES, GEOR3 GIA.—$10,000,000 for water infrastructure improve4 ments, Armuchee Valley: Chattooga, Floyd, Gordon,

5 Walker, and Whitifield Counties, Georgia.

6 ‘‘(86) ATCHISON, KANSAS.—$20,000,000 for com7 bined sewer overflows, Atchison, Kansas.

8 ‘‘(87) LAFOURCHE PARISH, LOUISIANA.—

9 $2,300,000 for measures to prevent the intrusion of

10 saltwater into the freshwater system, Lafourche Par11 ish, Louisiana.

12 ‘‘(88) SOUTH CENTRAL PLANNING AND DEVELOP13 MENT COMMISSION, LOUISIANA.—$2,500,000 for water

14 and wastewater improvements, South Central Plan15 ning and Development Commission, Louisiana.

16 ‘‘(89) RAPIDES AREA PLANNING COMMISSION,

17 LOUISIANA.—$1,000,000 for water and wastewater

18 improvements, Rapides, Louisiana.

19 ‘‘(90) NORTHWEST LOUISIANA COUNCIL OF GOV20 ERNMENTS, LOUISIANA.—$2,000,000 for water and

21 wastewater improvements, Northwest Louisiana

22 Council of Governments, Louisiana.

23 ‘‘(91) LAFAYETTE, LOUISIANA.—$1,200,000 for

24 water and wastewater improvements, Lafayette, Lou25 isiana.
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1 ‘‘(92) LAKE CHARLES, LOUISIANA.—$1,000,000

2 for water and wastewater improvements, Lake

3 Charles, Louisiana.

4 ‘‘(93) OUACHITA PARISH, LOUISIANA.—

5 $1,000,000 water and wastewater improvements,

6 Ouachita Parish, Louisiana.

7 ‘‘(94) UNION-LINCOLN REGIONAL WATER SUPPLY

8 PROJECT, LOUISIANA.—$2,000,000 for the Union-Lin9 coln Regional Water Supply project, Louisiana.

10 ‘‘(95) CENTRAL LAKE REGION SANITARY DIS11 TRICT, MINNESOTA.—$2,000,000 for sanitary sewer

12 and wastewater infrastructure for the Central Lake

13 Region Sanitary District, Minnesota to serve Le

14 Grande and Moe Townships, Minnesota.

15 ‘‘(96) GOODVIEW, MINNESOTA.—$3,000,000 for

16 water quality infrastructure, Goodview, Minnesota.

17 ‘‘(97) GRAND RAPIDS, MINNESOTA.—$5,000,000

18 for wastewater infrastructure, Grand Rapids, Min19 nesota.

20 ‘‘(98) WILLMAR, MINNESOTA.—$15,000,000 for

21 wastewater infrastructure, Willmar, Minnesota.

22 ‘‘(99) CITY OF CORINTH, MISSISSIPPI.—

23 $7,500,000 for a surface water program, Corinth,

24 Mississippi.
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HR 1495 EAS

1 ‘‘(100) CLEAN WATER COALITION, NEVADA.—

2 $20,000,000 for the Systems Conveyance and Oper3 ations Program, Clark County, Henderson, Las

4 Vegas, and North Las Vegas, Nevada.

5 ‘‘(101) TOWN OF MOORESVILLE, NORTH CARO6 LINA.—$4,000,000 for water and wastewater infra7 structure improvements, Mooresville, North Carolina.

8 ‘‘(102) CITY OF WINSTON-SALEM, NORTH CARO9 LINA.—$3,000,000 for storm water upgrades, Win10 ston-Salem, North Carolina.

11 ‘‘(103) NEUSE REGIONAL WATER AND SEWER AU12 THORITY, NORTH CAROLINA.—$4,000,000 for the

13 Neuse regional drinking water facility, Neuse, North

14 Carolina.

15 ‘‘(104) TOWN OF CARY/WAKE COUNTY, NORTH

16 CAROLINA.—$4,000,000 for a water reclamation facil17 ity, Cary, North Carolina.

18 ‘‘(105) CITY OF FAYETTEVILLE, NORTH CARO19 LINA.—$6,000,000 for water and sewer upgrades,

20 Fayetteville, North Carolina.

21 ‘‘(106) WASHINGTON COUNTY, NORTH CARO22 LINA.—$1,000,000 for water and wastewater infra23 structure, Washington County, North Carolina.
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HR 1495 EAS

1 ‘‘(107) CITY OF CHARLOTTE, NORTH CARO2 LINA.—$3,000,000 for the Briar Creek Relief Sewer

3 project, Charlotte, North Carolina.

4 ‘‘(108) CITY OF ADA, OKLAHOMA.—$1,700,000

5 for sewer improvements and other water infrastruc6 ture, City Of Ada, Oklahoma.

7 ‘‘(109) NORMAN, OKLAHOMA.—$10,000,000 for

8 carrying out the Waste Water Master Plan and water

9 related infrastructure, Norman, Oklahoma.

10 ‘‘(110) EASTERN OKLAHOMA STATE UNIVERSITY,

11 WILBERTON, OKLAHOMA.—$1,000,000 for sewer and

12 utility upgrades and water related infrastructure,

13 Eastern Oklahoma State University, Wilberton, Okla14 homa.

15 ‘‘(111) CITY OF WEATHERFORD, OKLAHOMA.—

16 $500,000 for arsenic program and water related in17 frastructure, City of Weatherford, Oklahoma.

18 ‘‘(112) CITY OF BETHANY, OKLAHOMA.—

19 $1,500,000 for water improvements and water related

20 infrastructure, City of Bethany, Oklahoma.

21 ‘‘(113) WOODWARD, OKLAHOMA.—$1,500,000 for

22 water improvements and water related infrastructure,

23 Woodward, Oklahoma.

24 ‘‘(114) CITY OF DISNEY AND LANGLEY, OKLA25 HOMA.—$2,500,000 for water and sewer improve-
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1 ments and water related infrastructure, City of Dis2 ney and Langley, Oklahoma.

3 ‘‘(115) CITY OF DURANT, OKLAHOMA.—

4 $3,300,000 for bayou restoration and water related

5 infrastructure, City of Durant, Oklahoma.

6 ‘‘(116) CITY OF MIDWEST CITY, OKLAHOMA.—

7 $2,000,000 for improvements to water related infra8 structure, City of Midwest City, Oklahoma.

9 ‘‘(117) CITY OF ARDMORE, OKLAHOMA.—

10 $1,900,000 for water and sewer infrastructure im11 provements, City of Ardmore, Oklahoma.

12 ‘‘(118) CITY OF GUYMON, OKLAHOMA.—

13 $16,000,000 for water related waste water treatment

14 related infrastructure projects.

15 ‘‘(119) LUGERT-ALTUS IRRIGATION DISTRICT,

16 ALTUS, OKLAHOMA.—$5,000,000 for water related in17 frastructure improvement project.

18 ‘‘(120) CITY OF CHICKASHA, OKLAHOMA.—

19 $650,000 for industrial park sewer infrastructure

20 project.

21 ‘‘(121) OKLAHOMA PANHANDLE STATE UNIVER22 SITY, GUYMON, OKLAHOMA.—$275,000 for water test23 ing facility and water related infrastructure develop24 ment.
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HR 1495 EAS

1 ‘‘(122) CITY OF BARTLESVILLE, OKLAHOMA.—

2 $2,500,000 for waterline transport infrastructure

3 project.

4 ‘‘(123) CITY OF KONAWA, OKLAHOMA.—$500,000

5 for water treatment infrastructure improvements.

6 ‘‘(124) CITY OF MUSTANG, OKLAHOMA.—

7 $3,325,000 for water improvements and water related

8 infrastructure.

9 ‘‘(125) CITY OF ALVA, OKLAHOMA.—$250,000 for

10 waste water improvement infrastructure.

11 ‘‘(126) VINTON COUNTY, OHIO.—$1,000,000 to

12 construct water lines in Vinton and Brown Town13 ships, Ohio.

14 ‘‘(127) BURR OAK REGIONAL WATER DISTRICT,

15 OHIO.—$4,000,000 for construction of a water line to

16 extend from a well field near Chauncey, Ohio, to a

17 water treatment plant near Millfield, Ohio.

18 ‘‘(128) FREMONT, OHIO.—$2,000,000 for con19 struction of off-stream water supply reservoir, Fre20 mont, Ohio.

21 ‘‘(129) FOSTORIA, OHIO.—$2,000,000 for waste22 water infrastructure, Fostoria, Ohio.

23 ‘‘(130) DEFIANCE COUNTY, OHIO.—$1,000,000

24 for wastewater infrastructure, Defiance County, Ohio.
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HR 1495 EAS

1 ‘‘(131) AKRON, OHIO.—$5,000,000 for waste2 water infrastructure, Akron, Ohio

3 ‘‘(132) MEIGS COUNTY, OHIO.—$1,000,000 to ex4 tend the Tupper Plains Regional Water District

5 water line to Lebanon Township, Ohio.

6 ‘‘(133) CITY OF CLEVELAND, OHIO.—$2,500,000

7 for Flats East Bank water and wastewater infrastruc8 ture, Cleveland, Ohio.

9 ‘‘(134) CINCINNATI, OHIO.—$1,000,000 for

10 wastewater infrastructure, Cincinnati, Ohio.

11 ‘‘(135) DAYTON, OHIO.—$1,000,000 for water

12 and wastewater infrastructure, Dayton, Ohio.

13 ‘‘(136) LAWRENCE COUNTY, OHIO.—$5,000,000

14 for Union Rome wastewater infrastructure, Lawrence

15 County, Ohio.

16 ‘‘(137) CITY OF COLUMBUS, OHIO.—$4,500,000

17 for wastewater infrastructure, Columbus, Ohio.

18 ‘‘(138) BEAVER CREEK RESERVOIR, PENNSYL19 VANIA.—$3,000,000 for projects for water supply and

20 related activities, Beaver Creek Reservoir, Clarion

21 County, Beaver and Salem Townships, Pennsylvania.

22 ‘‘(139) MYRTLE BEACH, SOUTH CAROLINA.—

23 $10,000,000 for environmental infrastructure, includ24 ing ocean outfalls, Myrtle Beach, South Carolina.
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HR 1495 EAS

1 ‘‘(140) CHARLESTON AND WEST ASHLEY, SOUTH

2 CAROLINA.—$6,000,000 for wastewater tunnel re3 placement, Charleston and West Ashley, South Caro4 lina.

5 ‘‘(141) CHARLESTON, SOUTH CAROLINA.—

6 $3,000,000 for stormwater control measures and

7 storm sewer improvements, Spring Street/Fishburne

8 Street drainage project, Charleston, South Carolina.

9 ‘‘(142) NORTH MYRTLE BEACH, SOUTH CARO10 LINA.—$3,000,000 for environmental infrastructure,

11 including ocean outfalls, North Myrtle Beach, South

12 Carolina.

13 ‘‘(143) SURFSIDE, SOUTH CAROLINA.—

14 $3,000,000 for environmental infrastructure, includ15 ing stormwater system improvements and ocean out16 falls, Surfside, South Carolina.

17 ‘‘(144) CHEYENNE RIVER SIOUX RESERVATION

18 (DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND

19 MEADE COUNTIES, SOUTH DAKOTA.—$40,000,000 for

20 water related infrastructure, Cheyenne River Sioux

21 Reservation (Dewey and Ziebach counties) and Per22 kins and Meade Counties, South Dakota.

23 ‘‘(145) CITY OF OAK RIDGE, TENNESSEE.—

24 $4,000,000 for water supply and wastewater infra25 structure, City of Oak Ridge, Tennessee.
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HR 1495 EAS

1 ‘‘(146) NASHVILLE, TENNESSEE.—$5,000,000 for

2 water supply and wastewater infrastructure, Nash3 ville, Tennessee.

4 ‘‘(147) COUNTIES OF LEWIS, LAWRENCE, AND

5 WAYNE, TENNESSEE.—$2,000,000 for water supply

6 and wastewater infrastructure projects in the Coun7 ties of Lewis, Lawrence and Wayne, Tennessee.

8 ‘‘(148) COUNTY OF GILES, TENNESSEE.—

9 $2,000,000 for water supply and wastewater infra10 structure projects in the County of Giles, Tennessee.

11 ‘‘(149) CITY OF KNOXVILLE, TENNESSEE.—

12 $5,000,000 for water supply and wastewater infra13 structure projects in the City of Knoxville, Tennessee.

14 ‘‘(150) SHELBY COUNTY, TENNESSEE.—

15 $4,000,000 for water-related environmental infra16 structure projects in County of Shelby, Tennessee.

17 ‘‘(151) JOHNSON COUNTY, TENNESSEE.—

18 $600,000 for water supply and wastewater infrastruc19 ture projects in Johnson County, Tennessee.

20 ‘‘(152) PLATEAU UTILITY DISTRICT, MORGAN

21 COUNTY, TENNESSEE.—$1,000,000 for water supply

22 and wastewater infrastructure projects in Morgan

23 County, Tennessee.
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HR 1495 EAS

1 ‘‘(153) CITY OF HARROGATE, TENNESSEE.—

2 $2,000,000 for water supply and wastewater infra3 structure projects in City of Harrogate, Tennessee.

4 ‘‘(154) HAMILTON COUNTY, TENNESSEE.—

5 $500,000 for water supply and wastewater infrastruc6 ture projects in Hamilton County, Tennessee.

7 ‘‘(155) GRAINGER COUNTY, TENNESSEE.—

8 $1,250,000 for water supply and wastewater infra9 structure projects in Grainger County, Tennessee.

10 ‘‘(156) CLAIBORNE COUNTY, TENNESSEE.—

11 $1,250,000 for water supply and wastewater infra12 structure projects in Claiborne County, Tennessee.

13 ‘‘(157) BLAINE, TENNESSEE.—$500,000 for

14 water supply and wastewater infrastructure projects

15 in Blaine, Tennessee.

16 ‘‘(158) CHESAPEAKE BAY.—$30,000,000 for envi17 ronmental infrastructure projects to benefit the Chesa18 peake Bay, including the nutrient removal project at

19 the Blue Plains Wastewater Treatment facility in

20 Washington, DC.

21 ‘‘(159) ARKANSAS VALLEY CONDUIT, COLO22 RADO.—$10,000,000 for the Arkansas Valley Conduit,

23 Colorado.
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HR 1495 EAS

1 ‘‘(160) BOULDER COUNTY, COLORADO.—

2 $10,000,000 for water supply infrastructure, Boulder

3 County, Colorado.

4 ‘‘(161) PLAINVILLE, CONNECTICUT.—$6,280,000

5 for wastewater treatment, Plainville, Connecticut.

6 ‘‘(162) SOUTHINGTON, CONNECTICUT.—

7 $9,420,000 for water supply infrastructure, South8 ington, Connecticut.

9 ‘‘(163) NORWALK, CONNECTICUT.—$3,000,000 for

10 the Keeler Brook Storm Water Improvement Project,

11 Norwalk, Connecticut.

12 ‘‘(164) ENFIELD, CONNECTICUT.—$1,000,000 for

13 infiltration and inflow correction, Enfield, Con14 necticut.

15 ‘‘(165) NEW HAVEN, CONNECTICUT.—$300,000

16 for storm water system improvements, New Haven,

17 Connecticut.

18 ‘‘(166) MIAMI-DADE COUNTY, FLORIDA.—

19 $6,250,000 for water reuse supply and a water trans20 mission pipeline, Miami-Dade County, Florida.

21 ‘‘(167) HILLSBOROUGH COUNTY, FLORIDA.—

22 $6,250,000 for water infrastructure and supply en23 hancement, Hillsborough County, Florida.
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1 ‘‘(168) PALM BEACH COUNTY, FLORIDA.—

2 $7,500,000 for water infrastructure, Palm Beach

3 County, Florida.

4 ‘‘(169) CHESAPEAKE BAY REGION, MARYLAND

5 AND VIRGINIA.—$40,000,000 for water pollution con6 trol projects, Chesapeake Bay Region, Maryland and

7 Virginia.

8 ‘‘(170) MICHIGAN COMBINED SEWER OVER9 FLOWS.—$35,000,000 for correction of combined sewer

10 overflows, Michigan.

11 ‘‘(171) MIDDLETOWN TOWNSHIP, NEW JERSEY.—

12 $1,100,000 for storm sewer improvements, Middle13 town Township, New Jersey.

14 ‘‘(172) RAHWAY VALLEY, NEW JERSEY.—

15 $25,000,000 for sanitary sewer and storm sewer im16 provements in the service area of the Rahway Valley

17 Sewerage Authority, New Jersey.

18 ‘‘(173) CRANFORD TOWNSHIP, NEW JERSEY.—

19 $6,000,000 for storm sewer improvements in Cranford

20 Township, New Jersey.

21 ‘‘(174) YATES COUNTY, NEW YORK.—$5,000,000

22 for drinking water infrastructure, Yates County, New

23 York.
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1 ‘‘(175) VILLAGE OF PATCHOGUE, NEW YORK.—

2 $5,000,000 for wastewater infrastructure, Village of

3 Patchogue, New York.

4 ‘‘(176) ELMIRA, NEW YORK.—$5,000,000 for

5 wastewater infrastructure, Elmira, New York.

6 ‘‘(177) ESSEX HAMLET, NEW YORK.—$5,000,000

7 for wastewater infrastructure, Essex Hamlet, New

8 York.

9 ‘‘(178) NIAGARA FALLS, NEW YORK.—$5,000,000

10 for wastewater infrastructure, Niagara Falls, New

11 York.

12 ‘‘(179) VILLAGE OF BABYLON, NEW YORK.—

13 $5,000,000 for wastewater infrastructure, Village of

14 Babylon, New York.

15 ‘‘(180) FLEMING, NEW YORK.—$5,000,000 for

16 drinking water infrastructure, Fleming, New York.

17 ‘‘(181) VILLAGE OF KYRIAS-JOEL, NEW YORK.—

18 $5,000,000 for drinking water infrastructure, Village

19 of Kyrias-Joel, New York.

20 ‘‘(182) DEVILS LAKE, NORTH DAKOTA.—

21 $15,000,000 for water supply infrastructure, Devils

22 Lake, North Dakota.

23 ‘‘(183) NORTH DAKOTA.—$15,000,000 for water24 related infrastructure, North Dakota.
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1 ‘‘(184) CLARK COUNTY, NEVADA.—$50,000,000

2 for wastewater infrastructure, Clark County, Nevada.

3 ‘‘(185) WASHOE COUNTY, NEVADA.—$14,000,000

4 for construction of water infrastructure improvements

5 to the Huffaker Hills Reservoir Conservation Project,

6 Washoe County, Nevada.

7 ‘‘(186) GLENDALE DAM DIVERSION STRUCTURE,

8 NEVADA.—$10,000,000 for water system improve9 ments to the Glendale Dam Diversion Structure for

10 the Truckee Meadows Water Authority, Nevada.

11 ‘‘(187) RENO, NEVADA.—$13,000,000 for con12 struction of a water conservation project for the High13 land Canal, Mogul Bypass in Reno, Nevada.

14 ‘‘(188) LOS ANGELES COUNTY, CALIFORNIA.—

15 $12,000,000 for the planning, design and construction

16 of water-related environmental infrastructure for

17 Santa Monica Bay and the coastal zone of Los Ange18 les County, California.

19 ‘‘(189) MONTEBELLO, CALIFORNIA.—$4,000,000

20 for water infrastructure improvements in south

21 Montebello, California.

22 ‘‘(190) LA MIRADA, CALIFORNIA.—$4,000,000 for

23 the planning, design, and construction of a

24 stormwater program in La Mirada, California.
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1 ‘‘(191) EAST PALO ALTO, CALIFORNIA.—

2 $4,000,000 for a new pump station and stormwater

3 management and drainage system, East Palo Alto,

4 California.

5 ‘‘(192) PORT OF STOCKTON, STOCKTON, CALI6 FORNIA.—$3,000,000 for water and wastewater infra7 structure projects for Rough and Ready Island and

8 vicinity, Stockton, California.

9 ‘‘(193) PERRIS, CALIFORNIA.—$3,000,000 project

10 for recycled water transmission infrastructure, East11 ern Municipal Water District, Perris, California.

12 ‘‘(194) AMADOR COUNTY, CALIFORNIA.—

13 $3,000,000 for wastewater collection and treatment,

14 Amador County, California.

15 ‘‘(195) CALAVERAS COUNTY, CALIFORNIA.—

16 $3,000,000 for water supply and wastewater improve17 ment projects in Calaveras County, California, in18 cluding wastewater reclamation, recycling, and con19 junctive use projects.

20 ‘‘(196) SANTA MONICA, CALIFORNIA.—$3,000,000

21 for improving water system reliability, Santa

22 Monica, California.

23 ‘‘(197) MALIBU, CALIFORNIA.—$3,000,000 for

24 municipal waste water and recycled water, Malibu
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1 Creek Watershed Protection Project, Malibu, Cali2 fornia.

3 ‘‘(198) EASTERN UNITED STATES.—$29,450,000

4 for water supply and wastewater infrastructure in the

5 Eastern United States.

6 ‘‘(199) WESTERN UNITED STATES.—$29,450,000

7 for water supply and wastewater infrastructure in the

8 Western United States.’’.

9 SEC. 5004. ALASKA.

10 Section 570(h) of the Water Resources Development

11 Act of 1999 (113 Stat. 369) is amended by striking

12 ‘‘25,000,000’’ and inserting ‘‘40,000,000’’.

13 SEC. 5005. CALIFORNIA.

14 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

15 may establish a program to provide environmental assist16 ance to non-Federal interests in California.

17 (b) FORM OF ASSISTANCE.—Assistance under this sec18 tion may be in the form of design and construction assist19 ance for water-related environmental infrastructure and re20 source protection and development projects in California,

21 including projects for wastewater treatment and related fa22 cilities, water supply and related facilities, environmental

23 restoration, and surface water resource protection and de24 velopment.
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1 (c) OWNERSHIP REQUIREMENT.—The Secretary may

2 provide assistance for a project under this section only if

3 the project is publicly owned.

4 (d) PARTNERSHIP AGREEMENTS.—

5 (1) IN GENERAL.—Before providing assistance

6 under this section, the Secretary shall enter into a

7 partnership agreement with a non-Federal interest to

8 provide for design and construction of the project to

9 be carried out with the assistance.

10 (2) REQUIREMENTS.—Each partnership agree11 ment entered into under this subsection shall provide

12 for the following:

13 (A) PLAN.—Development by the Secretary,

14 in consultation with appropriate Federal and

15 State officials, of a facilities or resource protec16 tion and development plan, including appro17 priate engineering plans and specifications.

18 (B) LEGAL AND INSTITUTIONAL STRUC19 TURES.—Establishment of such legal and insti20 tutional structures as are necessary to ensure the

21 effective long-term operation of the project by the

22 non-Federal interest.

23 (3) COST SHARING.—

24 (A) IN GENERAL.—The Federal share of the

25 cost of the project under this section—
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1 (i) shall be 75 percent; and

2 (ii) may be provided in the form of

3 grants or reimbursements of project costs.

4 (B) CREDIT FOR DESIGN WORK.—The non5 Federal interest shall receive credit for the rea6 sonable costs of design work on a project com7 pleted by the non-Federal interest before entering

8 into a local cooperation agreement with the Sec9 retary for a project.

10 (C) CREDIT FOR INTEREST.—In case of a

11 delay in the funding of the non-Federal share of

12 the costs of a project that is the subject of an

13 agreement under this section, the non-Federal in14 terest shall receive credit for reasonable interest

15 incurred in providing the non-Federal share of

16 the project costs.

17 (D) CREDIT FOR LAND, EASEMENTS, AND

18 RIGHTS-OF-WAY.—The non-Federal interest shall

19 receive credit for land, easements, rights-of-way,

20 and relocations toward the non-Federal share of

21 project costs (including all reasonable costs asso22 ciated with obtaining permits necessary for the

23 construction, operation, and maintenance of the

24 project on publicly-owned or -controlled land),
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1 but the credit may not exceed 25 percent of total

2 project costs.

3 (E) OPERATION AND MAINTENANCE.—The

4 non-Federal share of operation and maintenance

5 costs for projects constructed with assistance pro6 vided under this section shall be 100 percent.

7 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

8 LAWS.—Nothing in this section waives, limits, or otherwise

9 affects the applicability of any provision of Federal or State

10 law that would otherwise apply to a project to be carried

11 out with assistance provided under this section.

12 (f) NONPROFIT ENTITY.—Notwithstanding section 221

13 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for

14 any project carried out under this section, a non-Federal

15 interest may include a nonprofit entity.

16 (g) EXPENSES OF CORPS OF ENGINEERS.—Not more

17 than 10 percent of amounts made available to carry out

18 this section may be used by the Corps of Engineers district

19 offices to administer projects under this section at Federal

20 expense.

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section

23 $5,000,000.
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1 SEC. 5006. CONVEYANCE OF OAKLAND INNER HARBOR

2 TIDAL CANAL PROPERTY.

3 Section 205 of the Water Resources Development Act

4 of 1990 (104 Stat. 4633; 110 Stat. 3748) is amended to

5 read as follows:

6 ‘‘SEC. 205. CONVEYANCE OF OAKLAND INNER HARBOR

7 TIDAL CANAL PROPERTY.

8 ‘‘(a) IN GENERAL.—The Secretary may convey, with9 out consideration, by separate quitclaim deeds, as soon as

10 the conveyance of each individual portion is practicable, the

11 title of the United States in and to all or portions of the

12 approximately 86 acres of upland, tideland, and submerged

13 land, commonly referred to as the ‘Oakland Inner Harbor

14 Tidal Canal,’, California (referred to in this section as the

15 ‘Canal Property’), as follows:

16 ‘‘(1) To the City of Oakland, the title of the

17 United States in and to all or portions of that part

18 of the Canal Property that are located within the

19 boundaries of the City of Oakland.

20 ‘‘(2) To the City of Alameda, or to an entity cre21 ated by or designated by the City of Alameda that is

22 eligible to hold title to real property, the title of the

23 United States in and to all or portions of that part

24 of the Canal Property that are located within the

25 boundaries of the City of Alameda.
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1 ‘‘(3) To the adjacent land owners, or to an entity

2 created by or designated by 1 or more of the adjacent

3 landowners that is eligible to hold title to real prop4 erty, the title of the United States in and to all or

5 portions of that part of the Canal Property that are

6 located within the boundaries of the city in which the

7 adjacent land owners reside.

8 ‘‘(b) REQUIREMENTS.—

9 ‘‘(1) RESERVATIONS.—The Secretary may re10 serve and retain from any conveyance under this sec11 tion a right-of-way or other rights as the Secretary

12 determines to be necessary for the operation and

13 maintenance of the authorized Federal channel in the

14 Canal Property.

15 ‘‘(2) COST.—The conveyances under this section,

16 and the processes involved in the conveyances, shall be

17 at no cost to the United States, except for administra18 tive costs.

19 ‘‘(c) ANNUAL REPORTS.—Until the date on which each

20 conveyance described in subsection (a) is complete, the Sec21 retary shall submit, by not later than 60 days after the end

22 of each fiscal year, to the Committee on Environment and

23 Public Works of the Senate and Committee on Transpor24 tation and Infrastructure of the House of Representatives

25 an annual report that describes the efforts of the Secretary
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1 to complete the conveyances during the preceding fiscal

2 year.’’.

3 SEC. 5007. STOCKTON, CALIFORNIA.

4 (a) IN GENERAL.—Unless the Secretary determines, by

5 not later than 30 days after the date of enactment of this

6 Act, that the relocation of the project described in subsection

7 (b) would be injurious to the public interest, a non-Federal

8 interest may reconstruct and relocate that project approxi9 mately 300 feet in a westerly direction.

10 (b) PROJECT DESCRIPTION.—

11 (1) IN GENERAL.—The project referred to in sub12 section (a) is the project for flood control, Calaveras

13 River and Littlejohn Creek and tributaries, Cali14 fornia, authorized by section 10 of the Act of Decem15 ber 22, 1944 (commonly known as the ‘‘Flood Control

16 Act of 1944’’) (58 Stat. 902).

17 (2) SPECIFIC DESCRIPTION.—The portion of the

18 project to be reconstructed and relocated is that por19 tion consisting of approximately 5.34 acres of dry

20 land levee beginning at a point N. 2203542.3167, E.

21 6310930.1385, thence running west about 59.99 feet to

22 a point N. 2203544.6562, E. 6310870.1468, thence

23 running south about 3,874.99 feet to a point N.

24 2199669.8760, E. 6310861.7956, thence running east

25 about 60.00 feet to a point N. 2199668.8026, E.
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1 6310921.7900, thence running north about 3,873.73

2 feet to the point of origin.

3 (c) COST SHARING.—The non-Federal share of the cost

4 of reconstructing and relocating the project described in

5 subsection (b) shall be 100 percent.

6 SEC. 5008. RIO GRANDE ENVIRONMENTAL MANAGEMENT

7 PROGRAM, COLORADO, NEW MEXICO, AND

8 TEXAS.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Rio Grande Environmental Management Act of 2007’’.

11 (b) DEFINITIONS.—In this section:

12 (1) RIO GRANDE COMPACT.—The term ‘‘Rio

13 Grande Compact’’ means the compact approved by

14 Congress under the Act of May 31, 1939 (53 Stat.

15 785, chapter 155), and ratified by the States.

16 (2) RIO GRANDE BASIN.—The term ‘‘Rio Grande

17 Basin’’ means the Rio Grande (including all tribu18 taries and their headwaters) located—

19 (A) in the State of Colorado, from the Rio

20 Grande Reservoir, near Creede, Colorado, to the

21 New Mexico State border;

22 (B) in the State of New Mexico, from the

23 Colorado State border downstream to the Texas

24 State border; and
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1 (C) in the State of Texas, from the New

2 Mexico State border to the southern terminus of

3 the Rio Grande at the Gulf of Mexico.

4 (3) STATES.—The term ‘‘States’’ means the

5 States of Colorado, New Mexico, and Texas.

6 (c) PROGRAM AUTHORITY.—The Secretary shall carry

7 out, in the Rio Grande Basin—

8 (1) a program for the planning, construction,

9 and evaluation of measures for fish and wildlife habi10 tat rehabilitation and enhancement; and

11 (2) implementation of a long-term monitoring,

12 computerized data inventory and analysis, applied

13 research, and adaptive management program.

14 (d) STATE AND LOCAL CONSULTATION AND COOPERA15 TIVE EFFORT.—For the purpose of ensuring the coordinated

16 planning and implementation of the programs described in

17 subsection (c), the Secretary shall consult with the States

18 and other appropriate entities in the States the rights and

19 interests of which might be affected by specific program ac20 tivities.

21 (e) COST SHARING.—

22 (1) IN GENERAL.—

23 (A) PROJECTS ON FEDERAL LAND.—Each

24 project under this section located on Federal

25 land shall be carried out at full Federal expense.
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1 (B) OTHER PROJECTS.—For each project

2 under subsection (c)(1) located on non-Federal

3 land, the non-Federal share of the cost of the

4 project—

5 (i) shall be 35 percent;

6 (ii) may be provided through in-kind

7 services or direct cash contributions; and

8 (iii) shall include the provision of nec9 essary land, easements, relocations, and dis10 posal sites.

11 (f) NONPROFIT ENTITIES.—Notwithstanding section

12 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

13 5b), with the consent of the affected local government, a non14 profit entity may be included as a non-Federal interest for

15 any project carried out under subsection (c)(1).

16 (g) EFFECT ON OTHER LAW.—

17 (1) WATER LAW.—Nothing in this section pre18 empts any State water law.

19 (2) COMPACTS AND DECREES.—In carrying out

20 this section, the Secretary shall comply with the Rio

21 Grande Compact, and any applicable court decrees or

22 Federal and State laws, affecting water or water

23 rights in the Rio Grande Basin.

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to the Secretary to carry out
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1 this section $15,000,000 for each of fiscal years 2008

2 through 2011.

3 SEC. 5009. DELMARVA CONSERVATION CORRIDOR, DELA4 WARE AND MARYLAND.

5 (a) ASSISTANCE.—The Secretary may provide tech6 nical assistance to the Secretary of Agriculture for use in

7 carrying out the Conservation Corridor Demonstration Pro8 gram established under subtitle G of title II of the Farm

9 Security and Rural Investment Act of 2002 (16 U.S.C. 3801

10 note; 116 Stat. 275).

11 (b) COORDINATION AND INTEGRATION.—In carrying

12 out water resources projects in the States on the Delmarva

13 Peninsula, the Secretary shall coordinate and integrate

14 those projects, to the maximum extent practicable, with any

15 activities carried out to implement a conservation corridor

16 plan approved by the Secretary of Agriculture under section

17 2602 of the Farm Security and Rural Investment Act of

18 2002 (16 U.S.C. 3801 note; 116 Stat. 275).

19 SEC. 5010. SUSQUEHANNA, DELAWARE, AND POTOMAC

20 RIVER BASINS, DELAWARE, MARYLAND, PENN21 SYLVANIA, AND VIRGINIA.

22 (a) EX OFFICIO MEMBER.—Notwithstanding section

23 3001(a) of the 1997 Emergency Supplemental Appropria24 tions Act for Recovery From Natural Disasters, and for

25 Overseas Peacekeeping Efforts, Including Those in Bosnia
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1 (111 Stat. 176) and sections 2.2 of the Susquehanna River

2 Basin Compact (Public Law 91–575) and the Delaware

3 River Basin Compact (Public Law 87–328), beginning in

4 fiscal year 2002, and each fiscal year thereafter, the Divi5 sion Engineer, North Atlantic Division, Corps of

6 Engineers—

7 (1) shall be—

8 (A) the ex officio United States member

9 under the Susquehanna River Basin Compact

10 and the Delaware River Basin Compact; and

11 (B) 1 of the 3 members appointed by the

12 President under the Potomac River Basin Com13 pact;

14 (2) shall serve without additional compensation;

15 and

16 (3) may designate an alternate member in ac17 cordance with the terms of those compacts.

18 (b) AUTHORIZATION TO ALLOCATE.—The Secretary

19 shall allocate funds to the Susquehanna River Basin Com20 mission, Delaware River Basin Commission, and the Inter21 state Commission on the Potomac River Basin (Potomac

22 River Basin Compact (Public Law 91–407)) to fulfill the

23 equitable funding requirements of the respective interstate

24 compacts.
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1 (c) WATER SUPPLY AND CONSERVATION STORAGE,

2 DELAWARE RIVER BASIN.—

3 (1) IN GENERAL.—The Secretary shall enter into

4 an agreement with the Delaware River Basin Com5 mission to provide temporary water supply and con6 servation storage at the Francis E. Walter Dam,

7 Pennsylvania, for any period during which the Com8 mission has determined that a drought warning or

9 drought emergency exists.

10 (2) LIMITATION.—The agreement shall provide

11 that the cost for water supply and conservation stor12 age under paragraph (1) shall not exceed the incre13 mental operating costs associated with providing the

14 storage.

15 (d) WATER SUPPLY AND CONSERVATION STORAGE,

16 SUSQUEHANNA RIVER BASIN.—

17 (1) IN GENERAL.—The Secretary shall enter into

18 an agreement with the Susquehanna River Basin

19 Commission to provide temporary water supply and

20 conservation storage at Federal facilities operated by

21 the Corps of Engineers in the Susquehanna River

22 Basin, during any period in which the Commission

23 has determined that a drought warning or drought

24 emergency exists.
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1 (2) LIMITATION.—The agreement shall provide

2 that the cost for water supply and conservation stor3 age under paragraph (1) shall not exceed the incre4 mental operating costs associated with providing the

5 storage.

6 (e) WATER SUPPLY AND CONSERVATION STORAGE, PO7 TOMAC RIVER BASIN.—

8 (1) IN GENERAL.—The Secretary shall enter into

9 an agreement with the Interstate Commission on the

10 Potomac River Basin to provide temporary water

11 supply and conservation storage at Federal facilities

12 operated by the Corps of Engineers in the Potomac

13 River Basin for any period during which the Com14 mission has determined that a drought warning or

15 drought emergency exists.

16 (2) LIMITATION.—The agreement shall provide

17 that the cost for water supply and conservation stor18 age under paragraph (1) shall not exceed the incre19 mental operating costs associated with providing the

20 storage.

21 SEC. 5011. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND

22 MARYLAND.

23 (a) COMPREHENSIVE ACTION PLAN.—Not later than

24 2 years after the date of enactment of this Act, the Sec25 retary, in coordination with the Mayor of the District of
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1 Columbia, the Governor of Maryland, the county executives

2 of Montgomery County and Prince George’s County, Mary3 land, and other stakeholders, shall develop and make avail4 able to the public a 10-year comprehensive action plan to

5 provide for the restoration and protection of the ecological

6 integrity of the Anacostia River and its tributaries.

7 (b) PUBLIC AVAILABILITY.—On completion of the com8 prehensive action plan under subsection (a), the Secretary

9 shall make the plan available to the public.

10 SEC. 5012. BIG CREEK, GEORGIA, WATERSHED MANAGE11 MENT AND RESTORATION PROGRAM.

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

13 Chief of Engineers, is authorized to cooperate with, by pro14 viding technical, planning, and construction assistance to,

15 the city of Roswell, Georgia, as local sponsor and coordi16 nator with other local governments in the Big Creek water17 shed, Georgia, to assess the quality and quantity of water

18 resources, conduct comprehensive watershed management

19 planning, develop and implement water efficiency tech20 nologies and programs, and plan, design, and construct

21 water resource facilities to restore the watershed.

22 (b) FEDERAL SHARE.—The Federal share of the cost

23 of the project under this section—

24 (1) shall be 65 percent; and
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1 (2) may be provided in any combination of cash

2 and in-kind services.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—here is au4 thorized to be appropriated to the Secretary $5,000,000 to

5 carry out this section.

6 SEC. 5013. METROPOLITAN NORTH GEORGIA WATER PLAN7 NING DISTRICT.

8 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

9 shall establish a program to provide environmental assist10 ance to non-Federal interests in the Metropolitan North

11 Georgia Water Planning District.

12 (b) FORM OF ASSISTANCE.—Assistance under this sec13 tion may be in the form of design and construction assist14 ance for water-related environmental infrastructure and re15 source protection and development projects in north Geor16 gia, including projects for wastewater treatment and related

17 facilities, elimination or control of combined sewer over18 flows, water supply and related facilities, environmental

19 restoration, and surface water resource protection and de20 velopment.

21 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec22 retary may provide assistance for a project under this sec23 tion only if the project is publicly owned.

24 (d) LOCAL COOPERATION AGREEMENT.—
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1 (1) IN GENERAL.—Before providing assistance

2 under this section, the Secretary shall enter into a

3 local cooperation agreement with a non-Federal inter4 est to provide for design and construction of the

5 project to be carried out with the assistance.

6 (2) REQUIREMENTS.—Each local cooperation

7 agreement entered into under this subsection shall

8 provide for the following:

9 (A) PLAN.—Development by the Secretary,

10 in consultation with appropriate Federal and

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications.

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of such legal and insti16 tutional structures as are necessary to ensure the

17 effective long-term operation of the project by the

18 non-Federal interest.

19 (3) COST SHARING.—

20 (A) IN GENERAL.—The Federal share of

21 project costs under each local cooperation agree22 ment entered into under this subsection—

23 (i) shall be 75 percent; and

24 (ii) may be in the form of grants or re25 imbursements of project costs.
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1 (B) CREDIT FOR DESIGN WORK.—The non2 Federal interest shall receive credit, not to exceed

3 6 percent of the total construction costs of the

4 project, for the reasonable costs of design work

5 completed by the non-Federal interest before en6 tering into a local cooperation agreement with

7 the Secretary for a project.

8 (C) CREDIT FOR INTEREST.—In case of a

9 delay in the funding of the non-Federal share of

10 the costs of a project that is the subject of an

11 agreement under this section, the non-Federal in12 terest shall receive credit for reasonable interest

13 incurred in providing the non-Federal share of

14 the project costs.

15 (D) CREDIT FOR LAND, EASEMENTS, AND

16 RIGHTS-OF-WAY.—The non-Federal interest shall

17 receive credit for land, easements, rights-of-way,

18 and relocations toward the non-Federal share of

19 project costs (including all reasonable costs asso20 ciated with obtaining permits necessary for the

21 construction, operation, and maintenance of the

22 project on publicly-owned or -controlled land),

23 but not to exceed 25 percent of total project costs.

24 (E) OPERATION AND MAINTENANCE.—The

25 non-Federal share of operation and maintenance
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1 costs for projects constructed with assistance pro2 vided under this section shall be 100 percent.

3 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

4 LAWS.—Nothing in this section waives, limits, or otherwise

5 affects the applicability of any provision of Federal or State

6 law that would otherwise apply to a project to be carried

7 out with assistance provided under this section.

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $20,000,000, to remain available until expended.

11 SEC. 5014. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO,

12 RURAL UTAH, AND WYOMING.

13 Section 595 of the Water Resources Development Act

14 of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117

15 Stat. 1836; 118 Stat. 440) is amended—

16 (1) in the section heading, by striking ‘‘AND

17 RURAL UTAH’’ and inserting ‘‘RURAL UTAH, AND

18 WYOMING’’;

19 (2) in subsections (b) and (c), by striking ‘‘and

20 rural Utah’’ each place it appears and inserting

21 ‘‘rural Utah, and Wyoming’’; and

22 (3) by amending subsection (h) to read as fol23 lows:

24 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section for
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1 the period beginning with fiscal year 2001 $150,000,000 for

2 rural Nevada, and $25,000,000 for each of Montana and

3 New Mexico, $55,000,000 for Idaho, $50,000,000 for rural

4 Utah, and $30,000,000 for Wyoming, to remain available

5 until expended.’’.

6 SEC. 5015. CHICAGO SANITARY AND SHIP CANAL DISPERSAL

7 BARRIERS PROJECT, ILLINOIS.

8 (a) TREATMENT AS SINGLE PROJECT.—The Chicago

9 Sanitary and Ship Canal Dispersal Barrier Project (Bar10 rier I) (as in existence on the date of enactment of this Act),

11 constructed as a demonstration project under section

12 1202(i)(3) of the Nonindigenous Aquatic Nuisance Preven13 tion and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and

14 Barrier II, as authorized by section 345 of the District of

15 Columbia Appropriations Act, 2005 (Public Law 108–335;

16 118 Stat. 1352), shall be considered to constitute a single

17 project.

18 (b) AUTHORIZATION.—

19 (1) IN GENERAL.—The Secretary, acting through

20 the Chief of Engineers, is authorized and directed, at

21 full Federal expense—

22 (A) to upgrade and make permanent Bar23 rier I;
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1 (B) to construct Barrier II, notwith2 standing the project cooperation agreement with

3 the State of Illinois dated June 14, 2005;

4 (C) to operate and maintain Barrier I and

5 Barrier II as a system to optimize effectiveness;

6 (D) to conduct, in consultation with appro7 priate Federal, State, local, and nongovern8 mental entities, a study of a full range of options

9 and technologies for reducing impacts of hazards

10 that may reduce the efficacy of the Barriers; and

11 (E) to provide to each State a credit in an

12 amount equal to the amount of funds contributed

13 by the State toward Barrier II.

14 (2) USE OF CREDIT.—A State may apply a

15 credit received under paragraph (1)(E) to any cost

16 sharing responsibility for an existing or future Fed17 eral project with the Corps of Engineers in the State.

18 (c) FEASIBILITY STUDY.—The Secretary, in consulta19 tion with appropriate Federal, State, local, and nongovern20 mental entities, shall conduct a feasibility study, at full

21 Federal expense, of the range of options and technologies

22 available to prevent the spread of aquatic nuisance species

23 between the Great Lakes and Mississippi River Basins and

24 through the Chicago Sanitary and Ship Canal and other

25 aquatic pathways.
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1 (d) CONFORMING AMENDMENTS.—

2 (1) NONINDIGENOUS AQUATIC NUISANCE PRE3 VENTION AND CONTROL.—Section 1202(i)(3)(C) of the

4 Nonindigenous Aquatic Nuisance Prevention and

5 Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is

6 amended by striking ‘‘, to carry out this paragraph,

7 $750,000’’ and inserting ‘‘such sums as are necessary

8 to carry out the dispersal barrier demonstration

9 project under this paragraph’’.

10 (2) BARRIER II AUTHORIZATION.—Section 345 of

11 the District of Columbia Appropriations Act, 2005

12 (Public Law 108–335; 118 Stat. 1352), is amended to

13 read as follows:

14 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL

15 BARRIER, ILLINOIS.

16 ‘‘There are authorized to be appropriated such sums

17 as are necessary to carry out the Barrier II project of the

18 project for the Chicago Sanitary and Ship Canal Dispersal

19 Barrier, Illinois, initiated pursuant to section 1135 of the

20 Water Resources Development Act of 1986 (33 U.S.C. 2294

21 note; 100 Stat. 4251).’’.
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1 SEC. 5016. MISSOURI RIVER AND TRIBUTARIES, MITIGA2 TION, RECOVERY AND RESTORATION, IOWA,

3 KANSAS, MISSOURI, MONTANA, NEBRASKA,

4 NORTH DAKOTA, SOUTH DAKOTA, AND WYO5 MING.

6 (a) STUDY.—

7 (1) IN GENERAL.—The Secretary, in consultation

8 with the Missouri River Recovery and Implementa9 tion Committee established by subsection (b)(1), shall

10 conduct a study of the Missouri River and its tribu11 taries to determine actions required—

12 (A) to mitigate losses of aquatic and terres13 trial habitat;

14 (B) to recover federally listed species under

15 the Endangered Species Act (16 U.S.C. 1531 et

16 seq.); and

17 (C) to restore the ecosystem to prevent fur18 ther declines among other native species.

19 (2) FUNDING.—The study under paragraph (1)

20 shall be funded under the Missouri River Fish and

21 Wildlife Mitigation Program.

22 (b) MISSOURI RIVER RECOVERY IMPLEMENTATION

23 COMMITTEE.—

24 (1) ESTABLISHMENT.—Not later than June 31,

25 2006, the Secretary shall establish a committee to be

26 known as the ‘‘Missouri River Recovery Implementa-
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1 tion Committee’’ (referred to in this section as the

2 ‘‘Committee’’).

3 (2) MEMBERSHIP.—The Committee shall include

4 representatives from—

5 (A) Federal agencies;

6 (B) States located near the Missouri River

7 Basin; and

8 (C) other appropriate entities, as deter9 mined by the Secretary, including—

10 (i) water management and fish and

11 wildlife agencies;

12 (ii) Indian tribes located near the Mis13 souri River Basin; and

14 (iii) nongovernmental stakeholders.

15 (3) DUTIES.—The Commission shall—

16 (A) with respect to the study under sub17 section (a), provide guidance to the Secretary

18 and any other affected Federal agency, State

19 agency, or Indian tribe;

20 (B) provide guidance to the Secretary with

21 respect to the Missouri River recovery and miti22 gation program in existence on the date of enact23 ment of this Act, including recommendations re24 lating to—
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1 (i) changes to the implementation

2 strategy from the use of adaptive manage3 ment; and

4 (ii) the coordination of the development

5 of consistent policies, strategies, plans, pro6 grams, projects, activities, and priorities for

7 the program;

8 (C) exchange information regarding pro9 grams, projects, and activities of the agencies

10 and entities represented on the Committee to

11 promote the goals of the Missouri River recovery

12 and mitigation program;

13 (D) establish such working groups as the

14 Committee determines to be necessary to assist in

15 carrying out the duties of the Committee, includ16 ing duties relating to public policy and scientific

17 issues;

18 (E) facilitate the resolution of interagency

19 and intergovernmental conflicts between entities

20 represented on the Committee associated with the

21 Missouri River recovery and mitigation pro22 gram;

23 (F) coordinate scientific and other research

24 associated with the Missouri River recovery and

25 mitigation program; and
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1 (G) annually prepare a work plan and as2 sociated budget requests.

3 (4) COMPENSATION; TRAVEL EXPENSES.—

4 (A) COMPENSATION.—Members of the Com5 mittee shall not receive compensation from the

6 Secretary in carrying out the duties of the Com7 mittee under this section.

8 (B) TRAVEL EXPENSES.—Travel expenses

9 incurred by a member of the Committee in car10 rying out the duties of the Committee under this

11 section shall be paid by the agency, Indian tribe,

12 or unit of government represented by the mem13 ber.

14 (c) NONAPPLICABILITY OF FACA.—The Federal Advi15 sory Committee Act (5 U.S.C. App.) shall not apply to the

16 Committee.

17 SEC. 5017. SOUTHEAST LOUISIANA REGION, LOUISIANA.

18 (a) DEFINITION OF SOUTHEAST LOUISIANA RE19 GION.—In this section, the term ‘‘Southeast Louisiana Re20 gion’’ means any of the following parishes and municipali21 ties in the State of Louisiana:

22 (1) Orleans.

23 (2) Jefferson.

24 (3) St. Tammany.

25 (4) Tangipahoa.
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1 (5) St. Bernard.

2 (6) St. Charles.

3 (7) St. John.

4 (8) Plaquemines.

5 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

6 may establish a program to provide environmental assist7 ance to non-Federal interests in the Southeast Louisiana

8 Region.

9 (c) FORM OF ASSISTANCE.—Assistance provided under

10 this section may be in the form of design and construction

11 assistance for water-related environmental infrastructure

12 and resource protection and development projects in the

13 Southeast Louisiana Region, including projects for waste14 water treatment and related facilities, water supply and re15 lated facilities, environmental restoration, and surface

16 water resource protection and development (including

17 projects to improve water quality in the Lake Pont18 chartrain Basin).

19 (d) OWNERSHIP REQUIREMENT.—The Secretary may

20 provide assistance for a project under this section only if

21 the project is publicly owned.

22 (e) PARTNERSHIP AGREEMENTS.—

23 (1) IN GENERAL.—Before providing assistance

24 under this section, the Secretary shall enter into a

25 partnership agreement with a non-Federal interest to
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1 provide for design and construction of the project to

2 be carried out with the assistance.

3 (2) REQUIREMENTS.—Each partnership agree4 ment of a project entered into under this subsection

5 shall provide for the following:

6 (A) PLAN.—Development by the Secretary,

7 in consultation with appropriate Federal and

8 State officials, of a facilities or resource protec9 tion and development plan, including appro10 priate engineering plans and specifications.

11 (B) LEGAL AND INSTITUTIONAL STRUC12 TURES.—Establishment of such legal and insti13 tutional structures as are necessary to ensure the

14 effective long-term operation of the project by the

15 non-Federal interest.

16 (3) COST SHARING.—The Federal share of the

17 cost of the project under this section—

18 (A) shall be 75 percent; and

19 (B) may be provided in the form of grants

20 or reimbursements of project costs.

21 (C) CREDIT FOR DESIGN WORK.—The non22 Federal interest shall receive credit, not to exceed

23 6 percent of the total construction costs of the

24 project, for the reasonable costs of design work

25 completed by the non-Federal interest before en-
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1 tering into a local cooperation agreement with

2 the Secretary for a project.

3 (D) CREDIT FOR INTEREST.—In case of a

4 delay in the funding of the non-Federal share of

5 the costs of a project that is the subject of an

6 agreement under this section, the non-Federal in7 terest shall receive credit for reasonable interest

8 incurred in providing the non-Federal share of

9 the project costs.

10 (E) CREDIT FOR LAND, EASEMENTS, AND

11 RIGHTS-OF-WAY.—The non-Federal interest shall

12 receive credit for land, easements, rights-of-way,

13 and relocations toward the non-Federal share of

14 project costs (including all reasonable costs asso15 ciated with obtaining permits necessary for the

16 construction, operation, and maintenance of the

17 project on publicly-owned or -controlled land),

18 but not to exceed 25 percent of total project costs.

19 (F) OPERATION AND MAINTENANCE.—The

20 non-Federal share of operation and maintenance

21 costs for projects constructed with assistance pro22 vided under this section shall be 100 percent.

23 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

24 LAWS.—Nothing in this section waives, limits, or otherwise

25 affects the applicability of any provision of Federal or State
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1 law that would otherwise apply to a project to be carried

2 out with assistance provided under this section.

3 (g) NONPROFIT ENTITY.—Notwithstanding section 221

4 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for

5 any project carried out under this section, a non-Federal

6 interest may include a nonprofit entity.

7 (h) EXPENSES OF CORPS OF ENGINEERS.—Not more

8 than 10 percent of amounts made available to carry out

9 this section may be used by the Corps of Engineers district

10 offices to administer projects under this section at Federal

11 expense.

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $17,000,000, to remain available until expended.

15 SEC. 5018. MISSISSIPPI.

16 Section 592(g) of the Water Resources Development Act

17 of 1999 (113 Stat. 380; 117 Stat. 1837) is amended by

18 striking ‘‘$100,000,000’’ and inserting ‘‘$110,000,000’’.

19 SEC. 5019. ST. MARY PROJECT, BLACKFEET RESERVATION,

20 MONTANA.

21 (a) IN GENERAL.—The Secretary, in consultation with

22 the Bureau of Reclamation, shall conduct all necessary

23 studies, develop an emergency response plan, provide tech24 nical and planning and design assistance, and rehabilitate

25 and construct the St. Mary Diversion and Conveyance
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1 Works project located within the exterior boundaries of the

2 Blackfeet Reservation in the State of Montana, at a total

3 cost of $140,000,000.

4 (b) FEDERAL SHARE.—The Federal share of the total

5 cost of the project under this section shall be 75 percent.

6 (c) PARTICIPATION BY BLACKFEET TRIBE AND FORT

7 BELKNAP INDIAN COMMUNITY.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), no construction shall be carried out under

10 this section until the earlier of—

11 (A) the date on which Congress approves the

12 reserved water rights settlements of the Blackfeet

13 Tribe and the Fort Belknap Indian Community;

14 and

15 (B) January 1, 2011.

16 (2) EXCEPTION.—Paragraph (1) shall not apply

17 with respect to construction relating to—

18 (A) standard operation and maintenance;

19 or

20 (B) emergency repairs to ensure water

21 transportation or the protection of life and prop22 erty.

23 (3) REQUIREMENT.—The Blackfeet Tribe shall be

24 a participant in all phases of the project authorized

25 by this section.
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1 SEC. 5020. LOWER PLATTE RIVER WATERSHED RESTORA2 TION, NEBRASKA.

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

4 Chief of Engineers, may cooperate with and provide assist5 ance to the Lower Platte River natural resources districts

6 in the State of Nebraska to serve as local sponsors with re7 spect to—

8 (1) conducting comprehensive watershed plan9 ning in the natural resource districts;

10 (2) assessing water resources in the natural re11 source districts; and

12 (3) providing project feasibility planning, de13 sign, and construction assistance for water resource

14 and watershed management in the natural resource

15 districts, including projects for environmental restora16 tion and flood damage reduction.

17 (b) FUNDING.—

18 (1) FEDERAL SHARE.—The Federal share of the

19 cost of carrying out an activity described in sub20 section (a) shall be 65 percent.

21 (2) NON-FEDERAL SHARE.—The non-Federal

22 share of the cost of carrying out an activity described

23 in subsection (a)—

24 (A) shall be 35 percent; and

25 (B) may be provided in cash or in-kind.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to the Secretary to carry out

3 this section $12,000,000.

4 SEC. 5021. NORTH CAROLINA.

5 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

6 shall establish a program to provide environmental assist7 ance to non-Federal interests in the State of North Caro8 lina.

9 (b) FORM OF ASSISTANCE.—Assistance under this sec10 tion may be in the form of design and construction assist11 ance for environmental infrastructure and resource protec12 tion and development projects in North Carolina, including

13 projects for—

14 (1) wastewater treatment and related facilities;

15 (2) combined sewer overflow, water supply, stor16 age, treatment, and related facilities;

17 (3) drinking water infrastructure including

18 treatment and related facilities;

19 (4) environmental restoration;

20 (5) storm water infrastructure; and

21 (6) surface water resource protection and devel22 opment.

23 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec24 retary may provide assistance for a project under this sec25 tion only if the project is publicly owned.
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1 (d) PROJECT COOPERATION AGREEMENTS.—

2 (1) IN GENERAL.—Before providing assistance

3 under this section, the Secretary shall enter into a

4 project cooperation agreement with a non-Federal in5 terest to provide for design and construction of the

6 project to be carried out with the assistance.

7 (2) REQUIREMENTS.—Each project cooperation

8 agreement entered into under this subsection shall

9 provide for the following:

10 (A) PLAN.—Development by the Secretary,

11 in consultation with appropriate Federal and

12 State officials, of a facilities development plan or

13 resource protection plan, including appropriate

14 plans and specifications.

15 (B) LEGAL AND INSTITUTIONAL STRUC16 TURES.—Establishment of such legal and insti17 tutional structures as are necessary to ensure the

18 effective long-term operation of the project by the

19 non-Federal interest.

20 (3) COST SHARING.—

21 (A) IN GENERAL.—The Federal share of the

22 cost of the project under this section—

23 (i) shall be 75 percent; and

24 (ii) may be provided in the form of

25 grants or reimbursements of project costs.
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1 (B) CREDIT FOR DESIGN WORK.—The non2 Federal interest shall receive credit, not to exceed

3 6 percent of the total construction costs of the

4 project, for the reasonable costs of design work

5 completed by the non-Federal interest before en6 tering into a local cooperation agreement with

7 the Secretary for a project.

8 (C) CREDIT FOR INTEREST.—In case of a

9 delay in the funding of the non-Federal share of

10 the costs of a project that is the subject of an

11 agreement under this section, the non-Federal in12 terest shall receive credit for reasonable interest

13 incurred in providing the non-Federal share of

14 the project costs.

15 (D) CREDIT FOR LAND, EASEMENTS, AND

16 RIGHTS-OF-WAY.—The non-Federal interest shall

17 receive credit for land, easements, rights-of-way,

18 and relocations toward the non-Federal share of

19 project costs (including all reasonable costs asso20 ciated with obtaining permits necessary for the

21 construction, operation, and maintenance of the

22 project on publicly-owned or -controlled land).

23 (E) OPERATION AND MAINTENANCE.—The

24 non-Federal share of operation and maintenance
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1 costs for projects constructed with assistance pro2 vided under this section shall be 100 percent.

3 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

4 LAWS.—Nothing in this section waives, limits, or otherwise

5 affects the applicability of any provision of Federal or State

6 law that would otherwise apply to a project to be carried

7 out with assistance provided under this section.

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $13,000,000.

11 SEC. 5022. OHIO RIVER BASIN ENVIRONMENTAL MANAGE12 MENT.

13 (a) DEFINITIONS.—In this section:

14 (1) OHIO RIVER BASIN.—The term ‘‘Ohio River

15 Basin’’ means the Ohio River, its backwaters, its side

16 channels, and all tributaries (including their water17 sheds) that drain into the Ohio River and encom18 passing areas of any of the States of Indiana, Ohio,

19 Kentucky, Pennsylvania, West Virginia, Illinois, New

20 York, and Virginia.

21 (2) COMPACT.—The term ‘‘Compact’’ means the

22 Ohio River Watershed Sanitation Commission flood

23 and pollution control compact between the States of

24 Indiana, West Virginia, Ohio, Kentucky, Pennsyl25 vania, New York, Illinois, and Virginia, approved by
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1 Congress in 1936 pursuant to the first section of the

2 Act of June 8, 1936 (33 U.S.C. 567a), and chartered

3 in 1948.

4 (b) ASSISTANCE.—The Secretary may provide plan5 ning, design, and construction assistance to the Compact

6 for the improvement of the quality of the environment in

7 and along the Ohio River Basin.

8 (c) PRIORITIES.—In providing assistance under this

9 section, the Secretary shall give priority to reducing or

10 eliminating the presence of organic pollutants in the Ohio

11 River Basin through the renovation and technological im12 provement of the organic detection system monitoring sta13 tions along the Ohio River in the States of Indiana, Ohio,

14 West Virginia, Kentucky, and Pennsylvania.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $2,500,000.

18 SEC. 5023. STATEWIDE COMPREHENSIVE WATER PLANNING,

19 OKLAHOMA.

20 (a) IN GENERAL.—The Secretary shall provide tech21 nical assistance for the development of updates of the Okla22 homa Comprehensive Water Plan.

23 (b) TECHNICAL ASSISTANCE.—Technical assistance

24 provided under subsection (a) may include—
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1 (1) acquisition of hydrologic data, groundwater

2 characterization, database development, and data dis3 tribution;

4 (2) expansion of surface water and groundwater

5 monitoring networks;

6 (3) assessment of existing water resources, sur7 face water storage, and groundwater storage potential;

8 (4) numerical analysis and modeling necessary

9 to provide an integrated understanding of water re10 sources and water management options;

11 (5) participation in State planning forums and

12 planning groups;

13 (6) coordination of Federal water management

14 planning efforts; and

15 (7) technical review of data, models, planning

16 scenarios, and water plans developed by the State.

17 (c) ALLOCATION.—The Secretary shall allocate, subject

18 to the availability of appropriations, $6,500,000 to provide

19 technical assistance and for the development of updates of

20 the Oklahoma Comprehensive water plan.

21 (d) COST SHARING REQUIREMENT.—The non-Federal

22 share of the total cost of any activity carried out under this

23 section—

24 (1) shall be 25 percent; and
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1 (2) may be in the form of cash or any in-kind

2 services that the Secretary determines would con3 tribute substantially toward the conduct and comple4 tion of the activity assisted.

5 SEC. 5024. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

6 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE

7 HABITAT RESTORATION, SOUTH DAKOTA.

8 (a) DISBURSEMENT PROVISIONS OF STATE OF SOUTH

9 DAKOTA AND CHEYENNE RIVER SIOUX TRIBE AND LOWER

10 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT

11 RESTORATION TRUST FUNDS.—Section 602(a)(4) of the

12 Water Resources Development Act of 1999 (113 Stat. 386)

13 is amended—

14 (1) in subparagraph (A)—

15 (A) in clause (i), by inserting ‘‘and the Sec16 retary of the Treasury’’ after ‘‘Secretary’’; and

17 (B) by striking clause (ii) and inserting the

18 following:

19 ‘‘(ii) AVAILABILITY OF FUNDS.—On

20 notification in accordance with clause (i),

21 the Secretary of the Treasury shall make

22 available to the State of South Dakota

23 funds from the State of South Dakota Ter24 restrial Wildlife Habitat Restoration Trust

25 Fund established under section 603, to be
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1 used to carry out the plan for terrestrial

2 wildlife habitat restoration submitted by the

3 State of South Dakota after the State cer4 tifies to the Secretary of the Treasury that

5 the funds to be disbursed will be used in ac6 cordance with section 603(d)(3) and only

7 after the Trust Fund is fully capitalized.’’;

8 and

9 (2) in subparagraph (B), by striking clause (ii)

10 and inserting the following:

11 ‘‘(ii) AVAILABILITY OF FUNDS.—On

12 notification in accordance with clause (i),

13 the Secretary of the Treasury shall make

14 available to the Cheyenne River Sioux Tribe

15 and the Lower Brule Sioux Tribe funds

16 from the Cheyenne River Sioux Terrestrial

17 Wildlife Habitat Restoration Trust Fund

18 and the Lower Brule Sioux Terrestrial

19 Wildlife Habitat Restoration Trust Fund,

20 respectively, established under section 604,

21 to be used to carry out the plans for terres22 trial wildlife habitat restoration submitted

23 by the Cheyenne River Sioux Tribe and the

24 Lower Brule Sioux Tribe, respectively, after

25 the respective tribe certifies to the Secretary
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1 of the Treasury that the funds to be dis2 bursed will be used in accordance with sec3 tion 604(d)(3) and only after the Trust

4 Fund is fully capitalized.’’.

5 (b) INVESTMENT PROVISIONS OF STATE OF SOUTH

6 DAKOTA TERRESTRIAL WILDLIFE RESTORATION TRUST

7 FUND.—Section 603 of the Water Resources Development

8 Act of 1999 (113 Stat. 388) is amended—

9 (1) by striking subsection (c) and inserting the

10 following:

11 ‘‘(c) INVESTMENTS.—

12 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding

13 any other provision of law, the Secretary of the Treas14 ury shall invest the amounts deposited under sub15 section (b) and the interest earned on those amounts

16 only in interest-bearing obligations of the United

17 States issued directly to the Fund.

18 ‘‘(2) INVESTMENT REQUIREMENTS.—

19 ‘‘(A) IN GENERAL.—The Secretary of the

20 Treasury shall invest the Fund in accordance

21 with all of the requirements of this paragraph.

22 ‘‘(B) SEPARATE INVESTMENTS OF PRIN23 CIPAL AND INTEREST.—

24 ‘‘(i) PRINCIPAL ACCOUNT.—The

25 amounts deposited in the Fund under sub-
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1 section (b) shall be credited to an account

2 within the Fund (referred to in this para3 graph as the ‘principal account’) and in4 vested as provided in subparagraph (C).

5 ‘‘(ii) INTEREST ACCOUNT.—The inter6 est earned from investing amounts in the

7 principal account of the Fund shall be

8 transferred to a separate account within the

9 Fund (referred to in this paragraph as the

10 ‘interest account’) and invested as provided

11 in subparagraph (D).

12 ‘‘(iii) CREDITING.—The interest earned

13 from investing amounts in the interest ac14 count of the Fund shall be credited to the

15 interest account.

16 ‘‘(C) INVESTMENT OF PRINCIPAL AC17 COUNT.—

18 ‘‘(i) INITIAL INVESTMENT.—Each

19 amount deposited in the principal account

20 of the Fund shall be invested initially in el21 igible obligations having the shortest matu22 rity then available until the date on which

23 the amount is divided into 3 substantially

24 equal portions and those portions are in25 vested in eligible obligations that are iden-
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1 tical (except for transferability) to the next2 issued publicly issued Treasury obligations

3 having a 2-year maturity, a 5-year matu4 rity, and a 10-year maturity, respectively.

5 ‘‘(ii) SUBSEQUENT INVESTMENT.—As

6 each 2-year, 5-year, and 10-year eligible ob7 ligation matures, the principal of the ma8 turing eligible obligation shall also be in9 vested initially in the shortest-maturity eli10 gible obligation then available until the

11 principal is reinvested substantially equally

12 in the eligible obligations that are identical

13 (except for transferability) to the next-issued

14 publicly issued Treasury obligations having

15 2-year, 5-year, and 10-year maturities.

16 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

17 OF OBLIGATIONS.—If the Department of the

18 Treasury discontinues issuing to the public

19 obligations having 2-year, 5-year, or 10-

20 year maturities, the principal of any ma21 turing eligible obligation shall be reinvested

22 substantially equally in eligible obligations

23 that are identical (except for transfer24 ability) to the next-issued publicly issued
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1 Treasury obligations of the maturities

2 longer than 1 year then available.

3 ‘‘(D) INVESTMENT OF INTEREST AC4 COUNT.—

5 ‘‘(i) BEFORE FULL CAPITALIZATION.—

6 Until the date on which the Fund is fully

7 capitalized, amounts in the interest account

8 of the Fund shall be invested in eligible obli9 gations that are identical (except for trans10 ferability) to publicly issued Treasury obli11 gations that have maturities that coincide,

12 to the maximum extent practicable, with the

13 date on which the Fund is expected to be

14 fully capitalized.

15 ‘‘(ii) AFTER FULL CAPITALIZATION.—

16 On and after the date on which the Fund

17 is fully capitalized, amounts in the interest

18 account of the Fund shall be invested and

19 reinvested in eligible obligations having the

20 shortest maturity then available until the

21 amounts are withdrawn and transferred to

22 fund the activities authorized under sub23 section (d)(3).

24 ‘‘(E) PAR PURCHASE PRICE.—The price to

25 be paid for eligible obligations purchased as in-
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1 vestments of the principal account shall not ex2 ceed the par value of the obligations so that the

3 amount of the principal account shall be pre4 served in perpetuity.

5 ‘‘(F) HIGHEST YIELD.—Among eligible obli6 gations having the same maturity and purchase

7 price, the obligation to be purchased shall be the

8 obligation having the highest yield.

9 ‘‘(G) HOLDING TO MATURITY.—Eligible ob10 ligations purchased shall generally be held to

11 their maturities.

12 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI13 TIES.—Not less frequently than once each calendar

14 year, the Secretary of the Treasury shall review with

15 the State of South Dakota the results of the invest16 ment activities and financial status of the Fund dur17 ing the preceding 12-month period.

18 ‘‘(4) AUDITS.—

19 ‘‘(A) IN GENERAL.—The activities of the

20 State of South Dakota (referred to in this sub21 section as the ‘State’) in carrying out the plan

22 of the State for terrestrial wildlife habitat res23 toration under section 602(a) shall be audited as

24 part of the annual audit that the State is re25 quired to prepare under the Office of Manage-
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1 ment and Budget Circular A–133 (or a successor

2 circulation).

3 ‘‘(B) DETERMINATION BY AUDITORS.—An

4 auditor that conducts an audit under subpara5 graph (A) shall—

6 ‘‘(i) determine whether funds received

7 by the State under this section during the

8 period covered by the audit were used to

9 carry out the plan of the State in accord10 ance with this section; and

11 ‘‘(ii) include the determination under

12 clause (i) in the written findings of the

13 audit.

14 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE15 MENTS.—

16 ‘‘(A) IN GENERAL.—If the Secretary of the

17 Treasury determines that meeting the require18 ments under paragraph (2) with respect to the

19 investment of a Fund is not practicable, or

20 would result in adverse consequences for the

21 Fund, the Secretary shall modify the require22 ments, as the Secretary determines to be nec23 essary.

24 ‘‘(B) CONSULTATION.—Before modifying a

25 requirement under subparagraph (A), the Sec-
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1 retary of the Treasury shall consult with the

2 State regarding the proposed modification.’’;

3 (2) in subsection (d)(2), by inserting ‘‘of the

4 Treasury’’ after Secretary’’; and

5 (3) by striking subsection (f) and inserting the

6 following:

7 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are author8 ized to be appropriated, out of any money in the Treasury

9 not otherwise appropriated, to the Secretary of the Treas10 ury, to pay expenses associated with investing the Fund

11 and auditing the uses of amounts withdrawn from the

12 Fund—

13 ‘‘(1) up to $500,000 for each of fiscal years 2006

14 and 2007; and

15 ‘‘(2) such sums as are necessary for each subse16 quent fiscal year.’’.

17 (c) INVESTMENT PROVISIONS FOR CHEYENNE RIVER

18 SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TRUST

19 FUNDS.—Section 604 of the Water Resources Development

20 Act of 1999 (113 Stat. 389) is amended—

21 (1) by striking subsection (c) and inserting the

22 following:

23 ‘‘(c) INVESTMENTS.—

24 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding

25 any other provision of law, the Secretary of the Treas-
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1 ury shall invest the amounts deposited under sub2 section (b) and the interest earned on those amounts

3 only in interest-bearing obligations of the United

4 States issued directly to the Funds.

5 ‘‘(2) INVESTMENT REQUIREMENTS.—

6 ‘‘(A) IN GENERAL.—The Secretary of the

7 Treasury shall invest each of the Funds in ac8 cordance with all of the requirements of this

9 paragraph.

10 ‘‘(B) SEPARATE INVESTMENTS OF PRIN11 CIPAL AND INTEREST.—

12 ‘‘(i) PRINCIPAL ACCOUNT.—The

13 amounts deposited in each Fund under sub14 section (b) shall be credited to an account

15 within the Fund (referred to in this para16 graph as the ‘principal account’) and in17 vested as provided in subparagraph (C).

18 ‘‘(ii) INTEREST ACCOUNT.—The inter19 est earned from investing amounts in the

20 principal account of each Fund shall be

21 transferred to a separate account within the

22 Fund (referred to in this paragraph as the

23 ‘interest account’) and invested as provided

24 in subparagraph (D).
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1 ‘‘(iii) CREDITING.—The interest earned

2 from investing amounts in the interest ac3 count of each Fund shall be credited to the

4 interest account.

5 ‘‘(C) INVESTMENT OF PRINCIPAL AC6 COUNT.—

7 ‘‘(i) INITIAL INVESTMENT.—Each

8 amount deposited in the principal account

9 of each Fund shall be invested initially in

10 eligible obligations having the shortest ma11 turity then available until the date on

12 which the amount is divided into 3 substan13 tially equal portions and those portions are

14 invested in eligible obligations that are

15 identical (except for transferability) to the

16 next-issued publicly issued Treasury obliga17 tions having a 2-year maturity, a 5-year

18 maturity, and a 10-year maturity, respec19 tively.

20 ‘‘(ii) SUBSEQUENT INVESTMENT.—As

21 each 2-year, 5-year, and 10-year eligible ob22 ligation matures, the principal of the ma23 turing eligible obligation shall also be in24 vested initially in the shortest-maturity eli25 gible obligation then available until the
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1 principal is reinvested substantially equally

2 in the eligible obligations that are identical

3 (except for transferability) to the next-issued

4 publicly issued Treasury obligations having

5 2-year, 5-year, and 10-year maturities.

6 ‘‘(iii) DISCONTINUATION OF ISSUANCE

7 OF OBLIGATIONS.—If the Department of the

8 Treasury discontinues issuing to the public

9 obligations having 2-year, 5-year, or 10-

10 year maturities, the principal of any ma11 turing eligible obligation shall be reinvested

12 substantially equally in eligible obligations

13 that are identical (except for transfer14 ability) to the next-issued publicly issued

15 Treasury obligations of the maturities

16 longer than 1 year then available.

17 ‘‘(D) INVESTMENT OF THE INTEREST AC18 COUNT.—

19 ‘‘(i) BEFORE FULL CAPITALIZATION.—

20 Until the date on which each Fund is fully

21 capitalized, amounts in the interest account

22 of the Fund shall be invested in eligible obli23 gations that are identical (except for trans24 ferability) to publicly issued Treasury obli25 gations that have maturities that coincide,
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1 to the maximum extent practicable, with the

2 date on which the Fund is expected to be

3 fully capitalized.

4 ‘‘(ii) AFTER FULL CAPITALIZATION.—

5 On and after the date on which each Fund

6 is fully capitalized, amounts in the interest

7 account of the Fund shall be invested and

8 reinvested in eligible obligations having the

9 shortest maturity then available until the

10 amounts are withdrawn and transferred to

11 fund the activities authorized under sub12 section (d)(3).

13 ‘‘(E) PAR PURCHASE PRICE.—The price to

14 be paid for eligible obligations purchased as in15 vestments of the principal account shall not ex16 ceed the par value of the obligations so that the

17 amount of the principal account shall be pre18 served in perpetuity.

19 ‘‘(F) HIGHEST YIELD.—Among eligible obli20 gations having the same maturity and purchase

21 price, the obligation to be purchased shall be the

22 obligation having the highest yield.

23 ‘‘(G) HOLDING TO MATURITY.—Eligible ob24 ligations purchased shall generally be held to

25 their maturities.
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1 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI2 TIES.—Not less frequently than once each calendar

3 year, the Secretary of the Treasury shall review with

4 the Cheyenne River Sioux Tribe and the Lower Brule

5 Sioux Tribe (referred to in this subsection as the

6 ‘Tribes’) the results of the investment activities and fi7 nancial status of the Funds during the preceding 12-

8 month period.

9 ‘‘(4) AUDITS.—

10 ‘‘(A) IN GENERAL.—The activities of the

11 Tribes in carrying out the plans of the Tribes for

12 terrestrial wildlife habitat restoration under sec13 tion 602(a) shall be audited as part of the an14 nual audit that the Tribes are required to pre15 pare under the Office of Management and Budg16 et Circular A-133 (or a successor circulation).

17 ‘‘(B) DETERMINATION BY AUDITORS.—An

18 auditor that conducts an audit under subpara19 graph (A) shall—

20 ‘‘(i) determine whether funds received

21 by the Tribes under this section during the

22 period covered by the audit were used to

23 carry out the plan of the appropriate Tribe

24 in accordance with this section; and
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1 ‘‘(ii) include the determination under

2 clause (i) in the written findings of the

3 audit.

4 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE5 MENTS.—

6 ‘‘(A) IN GENERAL.—If the Secretary of the

7 Treasury determines that meeting the require8 ments under paragraph (2) with respect to the

9 investment of a Fund is not practicable, or

10 would result in adverse consequences for the

11 Fund, the Secretary shall modify the require12 ments, as the Secretary determines to be nec13 essary.

14 ‘‘(B) CONSULTATION.—Before modifying a

15 requirement under subparagraph (A), the Sec16 retary of the Treasury shall consult with the

17 Tribes regarding the proposed modification.’’;

18 and

19 (2) by striking subsection (f) and inserting the

20 following:

21 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are author22 ized to be appropriated, out of any money in the Treasury

23 not otherwise appropriated, to the Secretary of the Treasury

24 to pay expenses associated with investing the Funds and

25 auditing the uses of amounts withdrawn from the Funds—
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1 ‘‘(1) up to $500,000 for each of fiscal years 2006

2 and 2007; and

3 ‘‘(2) such sums as are necessary for each subse4 quent fiscal year.’’.

5 SEC. 5025. TEXAS.

6 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

7 shall establish a program to provide environmental assist8 ance to non-Federal interests in the State of Texas.

9 (b) FORM OF ASSISTANCE.—Assistance under this sec10 tion may be in the form of planning, design, and construc11 tion assistance for water-related environmental infrastruc12 ture and resource protection and development projects in

13 Texas, including projects for water supply, storage, treat14 ment, and related facilities, water quality protection, waste15 water treatment, and related facilities, environmental res16 toration, and surface water resource protection, and devel17 opment, as identified by the Texas Water Development

18 Board.

19 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec20 retary may provide assistance for a project under this sec21 tion only if the project is publicly owned.

22 (d) PARTNERSHIP AGREEMENTS.—Before providing

23 assistance under this section, the Secretary shall enter into

24 a partnership agreement with a non-Federal interest.

25 (e) COST SHARING.—
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1 (1) IN GENERAL.—The Federal share of the cost

2 of the project under this section—

3 (A) shall be 75 percent; and

4 (B) may be provided in the form of grants

5 or reimbursements of project costs.

6 (2) IN-KIND SERVICES.—The non-Federal share

7 may be provided in the form of materials and in-kind

8 services, including planning, design, construction,

9 and management services, as the Secretary determines

10 to be compatible with, and necessary for, the project.

11 (3) CREDIT FOR DESIGN WORK.—The non-Fed12 eral interest shall receive credit for the reasonable

13 costs of design work completed by the non-Federal in14 terest before entering into a local cooperation agree15 ment with the Secretary for a project.

16 (4) CREDIT FOR LAND, EASEMENTS, AND

17 RIGHTS-OF-WAY.—The non-Federal interest shall re18 ceive credit for land, easements, rights-of-way, and re19 locations toward the non-Federal share of project

20 costs.

21 (5) OPERATION AND MAINTENANCE.—The non22 Federal share of operation and maintenance costs for

23 projects constructed with assistance provided under

24 this section shall be 100 percent.
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1 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section waives, limits, or otherwise

3 affects the applicability of any provision of Federal or State

4 law that would otherwise apply to a project to be carried

5 out with assistance provided under this section.

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section

8 $40,000,000.

9 SEC. 5026. CONNECTICUT RIVER DAMS, VERMONT.

10 (a) IN GENERAL.—The Secretary shall evaluate, de11 sign, and construct structural modifications at full Federal

12 cost to the Union Village Dam (Ompompanoosuc River),

13 North Hartland Dam (Ottauquechee River), North Spring14 field Dam (Black River), Ball Mountain Dam (West River),

15 and Townshend Dam (West River), Vermont, to regulate

16 flow and temperature to mitigate downstream impacts on

17 aquatic habitat and fisheries.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section

20 $30,000,000.

21 SEC. 5027. COST SHARING PROVISIONS FOR THE TERRI22 TORIES.

23 Section 1156 of the Water Resources Development Act

24 of 1986 (33 U.S.C. 2310) is amended—
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1 (1) by striking ‘‘The Secretary’’ and inserting

2 the following:

3 ‘‘(a) IN GENERAL.—The Secretary’’; and

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

5 ‘‘(b) USE OF FEDERAL FUNDS BY NON-FEDERAL IN6 TERESTS.—A non-Federal interest may use Federal funds

7 to provide the non-Federal share of the costs of a study or

8 project carried out at a location referred to in subsection

9 (a), if the agency or department that provides the Federal

10 funds determines that the funds are eligible to be used for

11 that purpose.’’.

12 SEC. 5028. INNER HARBOR NAVIGATION CANAL LOCK

13 PROJECT.

14 Not later than July 1, 2008, the Secretary shall—

15 (1) issue a final environmental impact statement

16 relating to the Inner Harbor Navigation Canal Lock

17 project; and

18 (2) develop and maintain a transportation miti19 gation program relating to that project in coordina20 tion with—

21 (A) St. Bernard Parish;

22 (B) Orleans Parish;

23 (C) the Old Arabi Neighborhood Associa24 tion; and

25 (D) other interested parties.
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1 SEC. 5029. GREAT LAKES NAVIGATION.

2 (a) DEFINITION OF GREAT LAKES AND CONNECTING

3 CHANNELS.—In this section, the term ‘‘Great Lakes and

4 connecting channels’’ includes—

5 (1) Lakes Superior, Huron, Michigan, Erie, and

6 Ontario;

7 (2) any connecting water between or among

8 those lakes that is used for navigation;

9 (3) any navigation feature in those lakes or

10 water the operation or maintenance of which is a

11 Federal responsibility; and

12 (4) any area of the Saint Lawrence River that

13 is operated or maintained by the Federal Government

14 for navigation.

15 (b) NAVIGATION.—Using available funds, the Secretary

16 shall expedite the operation and maintenance, including

17 dredging to authorized project depths, of the navigation fea18 tures of the Great Lakes and connecting channels for the

19 purpose of supporting navigation.

20 TITLE VI—PROJECT

21 DEAUTHORIZATIONS

22 SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.

23 The project for flood damage reduction, Little Cove

24 Creek, Glencoe, Alabama, authorized by the Supplemental

25 Appropriations Act, 1985 (99 Stat. 312), is not authorized.
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1 SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

2 The project for flood control, Goleta and Vicinity, Cali3 fornia, authorized by section 201 of the Flood Control Act

4 of 1970 (84 Stat. 1826), is not authorized.

5 SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

6 (a) IN GENERAL.—The portion of the project for navi7 gation, Bridgeport Harbor, Connecticut, authorized by the

8 Act of July 3, 1930 (46 Stat. 919), consisting of an 18-

9 foot channel in Yellow Mill River and described in sub10 section (b), is not authorized.

11 (b) DESCRIPTION OF PROJECT.—The project referred

12 to in subsection (a) is described as beginning at a point

13 along the eastern limit of the existing project, N.

14 123,649.75, E. 481,920.54, thence running northwesterly

15 about 52.64 feet to a point N. 123,683.03, E. 481,879.75,

16 thence running northeasterly about 1,442.21 feet to a point

17 N. 125,030.08, E. 482,394.96, thence running northeasterly

18 about 139.52 feet to a point along the east limit of the exist19 ing channel, N. 125,133.87, E. 482,488.19, thence running

20 southwesterly about 1,588.98 feet to the point of origin.

21 SEC. 6004. INLAND WATERWAY FROM DELAWARE RIVER TO

22 CHESAPEAKE BAY, PART II, INSTALLATION OF

23 FENDER PROTECTION FOR BRIDGES, DELA24 WARE AND MARYLAND.

25 The project for the construction of bridge fenders for

26 the Summit and St. Georges Bridge for the Inland Water-
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1 way of the Delaware River to the C & D Canal of the Chesa2 peake Bay, authorized by the River and Harbor Act of 1954

3 (68 Stat. 1249), is not authorized.

4 SEC. 6005. SHINGLE CREEK BASIN, FLORIDA.

5 The project for flood control, Central and Southern

6 Florida Project, Shingle Creek Basin, Florida, authorized

7 by section 203 of the Flood Control Act of 1962 (76 Stat.

8 1182), is not authorized.

9 SEC. 6006. ILLINOIS WATERWAY, SOUTH FORK OF THE

10 SOUTH BRANCH OF THE CHICAGO RIVER, IL11 LINOIS.

12 (a) IN GENERAL.—The portion of the Illinois Water13 way project authorized by the Act of January 21, 1927

14 (commonly known as the ‘‘River and Harbor Act of 1927’’)

15 (44 Stat. 1013), in the South Fork of the South Branch

16 of the Chicago River, as identified in subsection (b) is not

17 authorized.

18 (b) DESCRIPTION OF PROJECT PORTION.—The portion

19 of the project referred to in subsection (a) is the portion

of the SW 1 20 ⁄4 of sec. 29, T. 39 N., R. 14 E., Third Principal

21 Meridian, Cook County, Illinois, and more particularly de22 scribed as follows:

(1) Commencing at the SW corner of the SW 1 23 ⁄4.

24 (2) Thence north 1 degree, 32 minutes, 31 sec25 onds west, bearing based on the Illinois State Plane
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1 Coordinate System, NAD 83 east zone, along the west

2 line of that quarter, 1810.16 feet to the southerly line

3 of the Illinois and Michigan Canal.

4 (3) Thence north 50 degrees, 41 minutes, 55 sec5 onds east along that southerly line 62.91 feet to the

6 easterly line of South Ashland Avenue, as widened by

7 the ordinance dated November 24, 1920, which is also

8 the east line of an easement to the State of Illinois

9 for highway purposes numbered 12340342 and re10 corded July 13, 1939, for a point of beginnings.

11 (4) Thence continuing north 50 degrees, 41 min12 utes, 55 seconds east along that southerly line 70.13

13 feet to the southerly line of the South Branch Turning

14 Basin per for the plat numbered 3645392 and re15 corded January 19, 1905.

16 (5) Thence south 67 degrees, 18 minutes, 31 sec17 onds east along that southerly line 245.50 feet.

18 (6) Thence north 14 degrees, 35 minutes, 13 sec19 onds east 145.38 feet.

20 (7) Thence north 10 degrees, 57 minutes, 15 sec21 onds east 326.87 feet.

22 (8) Thence north 17 degrees, 52 minutes, 44 sec23 onds west 56.20 feet.

24 (9) Thence north 52 degrees, 7 minutes, 32 sec25 onds west 78.69 feet.
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1 (10) Thence north 69 degrees, 26 minutes, 35 sec2 onds west 58.97 feet.

3 (11) Thence north 90 degrees, 00 minutes, 00 sec4 onds west 259.02 feet to the east line of South Ash5 land Avenue.

6 (12) Thence south 1 degree, 32 minutes, 31 sec7 onds east along that east line 322.46 feet.

8 (13) Thence south 00 degrees, 14 minutes, 35 sec9 onds east along that east line 11.56 feet to the point

10 of beginnings.

11 SEC. 6007. BREVOORT, INDIANA.

12 The project for flood control, Brevoort, Indiana, au13 thorized by section 5 of the Flood Control Act of 1936 (49

14 Stat. 1587), is not authorized.

15 SEC. 6008. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

16 The project for flood control, Middle Wabash, Green17 field Bayou, Indiana, authorized by section 10 of the Flood

18 Control Act of 1946 (60 Stat. 649), is not authorized.

19 SEC. 6009. LAKE GEORGE, HOBART, INDIANA.

20 The project for flood damage reduction, Lake George,

21 Hobart, Indiana, authorized by section 602 of the Water

22 Resources Development Act of 1986 (100 Stat. 4148), is not

23 authorized.
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1 SEC. 6010. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO.

2 2, IOWA.

3 The project for flood damage reduction, Green Bay

4 Levee and Drainage District No. 2, Iowa, authorized by sec5 tion 401(a) of the Water Resources Development Act of 1986

6 (100 Stat. 4115), deauthorized in fiscal year 1991, and re7 authorized by section 115(a)(1) of the Water Resources De8 velopment Act of 1992 (106 Stat. 4821), is not authorized.

9 SEC. 6011. MUSCATINE HARBOR, IOWA.

10 The project for navigation at the Muscatine Harbor

11 on the Mississippi River at Muscatine, Iowa, authorized by

12 section 101 of the River and Harbor Act of 1950 (64 Stat.

13 166), is not authorized.

14 SEC. 6012. BIG SOUTH FORK NATIONAL RIVER AND REC15 REATIONAL AREA, KENTUCKY AND TEN16 NESSEE.

17 The project for recreation facilities at Big South Fork

18 National River and Recreational Area, Kentucky and Ten19 nessee, authorized by section 108 of the Water Resources De20 velopment Act of 1974 (88 Stat. 43), is not authorized.

21 SEC. 6013. EAGLE CREEK LAKE, KENTUCKY.

22 The project for flood control and water supply, Eagle

23 Creek Lake, Kentucky, authorized by section 203 of the

24 Flood Control Act of 1962 (76 Stat. 1188), is not author25 ized.
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1 SEC. 6014. HAZARD, KENTUCKY.

2 The project for flood damage reduction, Hazard, Ken3 tucky, authorized by section 3 of the Water Resources Devel4 opment Act of 1988 (102 Stat. 4014) and section 108 of

5 the Water Resources Development Act of 1990 (104 Stat.

6 4621), is not authorized.

7 SEC. 6015. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

8 The project for flood control, West Kentucky Tribu9 taries, Kentucky, authorized by section 204 of the Flood

10 Control Act of 1965 (79 Stat. 1081), section 201 of the Flood

11 Control Act of 1970 (84 Stat. 1825), and section 401(b) of

12 the Water Resources Development Act of 1986 (100 Stat.

13 4129), is not authorized.

14 SEC. 6016. BAYOU COCODRIE AND TRIBUTARIES, LOU15 ISIANA.

16 The project for flood damage reduction, Bayou

17 Cocodrie and Tributaries, Louisiana, authorized by section

18 3 of the of the Act of August 18, 1941 (55 Stat. 644, chapter

19 377), and section 1(a) of the Water Resources Development

20 Act of 1974 (88 Stat. 12), is not authorized.

21 SEC. 6017. BAYOU LAFOURCHE AND LAFOURCHE JUMP,

22 LOUISIANA.

23 The uncompleted portions of the project for navigation

24 improvement for Bayou LaFourche and LaFourche Jump,

25 Louisiana, authorized by the Act of August 30, 1935 (49
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1 Stat. 1033, chapter 831), and the River and Harbor Act

2 of 1960 (74 Stat. 481), are not authorized.

3 SEC. 6018. EASTERN RAPIDES AND SOUTH-CENTRAL

4 AVOYELLES PARISHES, LOUISIANA.

5 The project for flood control, Eastern Rapides and

6 South-Central Avoyelles Parishes, Louisiana, authorized by

7 section 201 of the Flood Control Act of 1970 (84 Stat. 1825),

8 is not authorized.

9 SEC. 6019. FORT LIVINGSTON, GRAND TERRE ISLAND, LOU10 ISIANA.

11 The project for erosion protection and recreation, Fort

12 Livingston, Grande Terre Island, Louisiana, authorized by

13 the Act of August 13, 1946 (commonly known as the ‘‘Flood

14 Control Act of 1946’’) (33 U.S.C. 426e et seq.), is not au15 thorized.

16 SEC. 6020. GULF INTERCOASTAL WATERWAY, LAKE BORGNE

17 AND CHEF MENTEUR, LOUISIANA.

18 The project for the construction of bulkheads and jetties

19 at Lake Borgne and Chef Menteur, Louisiana, as part of

20 the Gulf Intercoastal Waterway authorized by the first sec21 tion of the River and Harbor Act of 1946 (60 Stat. 635),

22 is not authorized.
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1 SEC. 6021. RED RIVER WATERWAY, SHREVEPORT, LOU2 ISIANA TO DAINGERFIELD, TEXAS.

3 The project for the Red River Waterway, Shreveport,

4 Louisiana to Daingerfield, Texas, authorized by section 101

5 of the River and Harbor Act of 1968 (82 Stat. 731), is not

6 authorized.

7 SEC. 6022. CASCO BAY, PORTLAND, MAINE.

8 The project for environmental infrastructure, Casco

9 Bay in the Vicinity of Portland, Maine, authorized by sec10 tion 307 of the Water Resources Development Act of 1992

11 (106 Stat. 4841), is not authorized.

12 SEC. 6023. NORTHEAST HARBOR, MAINE.

13 The project for navigation, Northeast Harbor, Maine,

14 authorized by section 2 of the Act of March 2, 1945 (59

15 Stat. 12, chapter 19), is not authorized.

16 SEC. 6024. PENOBSCOT RIVER, BANGOR, MAINE.

17 The project for environmental infrastructure, Penob18 scot River in the Vicinity of Bangor, Maine, authorized by

19 section 307 of the Water Resources Development Act of 1992

20 (106 Stat. 4841), is not authorized.

21 SEC. 6025. SAINT JOHN RIVER BASIN, MAINE.

22 The project for research and demonstration program

23 of cropland irrigation and soil conservation techniques,

24 Saint John River Basin, Maine, authorized by section 1108

25 of the Water Resources Development Act of 1986 (106 Stat.

26 4230), is not authorized.
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1 SEC. 6026. TENANTS HARBOR, MAINE.

2 The project for navigation, Tenants Harbor, Maine,

3 authorized by the first section of the Act of March 2, 1919

4 (40 Stat. 1275, chapter 95), is not authorized.

5 SEC. 6027. FALMOUTH HARBOR, MASSACHUSETTS.

6 The portion of the project for navigation, Falmouth

7 Harbor, Massachusetts, authorized by section 101 of the

8 River and Harbor Act of 1948 (62 Stat. 1172), beginning

9 at a point along the eastern side of the inner harbor

10 N200,415.05, E845,307.98, thence running north 25 degrees

11 48 minutes 54.3 seconds east 160.24 feet to a point

12 N200,559.20, E845,377.76, thence running north 22 degrees

13 7 minutes 52.4 seconds east 596.82 feet to a point

14 N201,112.15, E845,602.60, thence running north 60 degrees

15 1 minute 0.3 seconds east 83.18 feet to a point N201,153.72,

16 E845,674.65, thence running south 24 degrees 56 minutes

17 43.4 seconds west 665.01 feet to a point N200,550.75,

18 E845,394.18, thence running south 32 degrees 25 minutes

19 29.0 seconds west 160.76 feet to the point of origin, is not

20 authorized.

21 SEC. 6028. ISLAND END RIVER, MASSACHUSETTS.

22 The portion of the project for navigation, Island End

23 River, Massachusetts, carried out under section 107 of the

24 River and Harbor Act of 1960 (33 U.S.C. 577), described

25 as follows: Beginning at a point along the eastern limit of

26 the existing project, N507,348.98, E721,180.01, thence run-
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1 ning northeast about 35 feet to a point N507,384.17,

2 E721,183.36, thence running northeast about 324 feet to a

3 point N507,590.51, E721,433.17, thence running northeast

4 about 345 feet to a point along the northern limit of the

5 existing project, N507,927.29, E721,510.29, thence running

6 southeast about 25 feet to a point N507,921.71,

7 E721,534.66, thence running southwest about 354 feet to a

8 point N507,576.65, E721,455.64, thence running southwest

9 about 357 feet to the point of origin, is not authorized.

10 SEC. 6029. MYSTIC RIVER, MASSACHUSETTS.

11 The portion of the project for navigation, Mystic River,

12 Massachusetts, authorized by the first section of the River

13 and Harbor Appropriations Act of July 13, 1892 (27 Stat.

14 96), between a line starting at a point N515,683.77,

15 E707,035.45 and ending at a point N515,721.28,

16 E707,069.85 and a line starting at a point N514,595.15,

17 E707,746.15 and ending at a point N514,732.94,

18 E707,658.38 shall be relocated and reduced from a 100-foot

19 wide channel to a 50-foot wide channel after the date of

20 enactment of this Act described as follows: Beginning at a

21 point N515,721.28, E707,069.85, thence running southeast22 erly about 840.50 feet to a point N515,070.16, E707,601.27,

23 thence running southeasterly about 177.54 feet to a point

24 N514,904.84, E707,665.98, thence running southeasterly

25 about 319.90 feet to a point with coordinates N514,595.15,
†

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1 E707,746.15, thence running northwesterly about 163.37

2 feet to a point N514,732.94, E707,658.38, thence running

3 northwesterly about 161.58 feet to a point N514.889.47,

4 E707,618.30, thence running northwesterly about 166.61

5 feet to a point N515.044.62, E707,557.58, thence running

6 northwesterly about 825.31 feet to a point N515,683.77,

7 E707,035.45, thence running northeasterly about 50.90 feet

8 returning to a point N515,721.28, E707,069.85.

9 SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN.

10 The project for navigation, Grand Haven Harbor,

11 Michigan, authorized by section 202(a) of the Water Re12 sources Development Act of 1986 (100 Stat. 4093), is not

13 authorized.

14 SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI.

15 The project for navigation, Greenville Harbor, Mis16 sissippi, authorized by section 601(a) of the Water Re17 sources Development Act of 1986 (100 Stat. 4142), is not

18 authorized.

19 SEC. 6032. PLATTE RIVER FLOOD AND RELATED

20 STREAMBANK EROSION CONTROL, NE21 BRASKA.

22 The project for flood damage reduction, Platte River

23 Flood and Related Streambank Erosion Control, Nebraska,

24 authorized by section 603 of the Water Resources Develop25 ment Act of 1986 (100 Stat. 4149), is not authorized.
†

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1 SEC. 6033. EPPING, NEW HAMPSHIRE.

2 The project for environmental infrastructure, Epping,

3 New Hampshire, authorized by section 219(c)(6) of the

4 Water Resources Development Act of 1992 (106 Stat. 4835),

5 is not authorized.

6 SEC. 6034. NEW YORK HARBOR AND ADJACENT CHANNELS,

7 CLAREMONT TERMINAL, JERSEY CITY, NEW

8 JERSEY.

9 The project for navigation, New York Harbor and ad10 jacent channels, Claremont Terminal, Jersey City, New Jer11 sey, authorized by section 202(b) of the Water Resources De12 velopment Act of 1986 (100 Stat. 4098), is not authorized.

13 SEC. 6035. EISENHOWER AND SNELL LOCKS, NEW YORK.

14 The project for navigation, Eisenhower and Snell

15 Locks, New York, authorized by section 1163 of the Water

16 Resources Development Act of 1986 (100 Stat. 4258), is not

17 authorized.

18 SEC. 6036. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

19 The project for navigation, Olcott Harbor, Lake On20 tario, New York, authorized by section 601(a) of the Water

21 Resources Development Act of 1986 (100 Stat. 4143), is not

22 authorized.

23 SEC. 6037. OUTER HARBOR, BUFFALO, NEW YORK.

24 The project for navigation, Outer Harbor, Buffalo,

25 New York, authorized by section 110 of the Water Resources
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HR 1495 EAS

1 Development Act of 1992 (106 Stat. 4817), is not author2 ized.

3 SEC. 6038. SUGAR CREEK BASIN, NORTH CAROLINA AND

4 SOUTH CAROLINA.

5 The project for flood damage reduction, Sugar Creek

6 Basin, North Carolina and South Carolina, authorized by

7 section 401(a) of the Water Resources Development Act of

8 1986 (100 Stat. 4121), is not authorized.

9 SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

10 The project for navigation, Cleveland Harbor

11 (uncompleted portion), Ohio, authorized by section 101 of

12 the River and Harbor Act of 1958 (72 Stat. 299), is not

13 authorized.

14 SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

15 The project for navigation, Cleveland Harbor

16 (uncompleted portion), Ohio, authorized by section 101 of

17 the River and Harbor Act of 1960 (74 Stat. 482), is not

18 authorized.

19 SEC. 6041. CLEVELAND HARBOR, UNCOMPLETED PORTION

20 OF CUT #4, OHIO.

21 The project for navigation, Cleveland Harbor

22 (uncompleted portion of Cut #4), Ohio, authorized by the

23 first section of the Act of July 24, 1946 (60 Stat. 636, chap24 ter 595), is not authorized.
†

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1 SEC. 6042. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAM2 MOND, OREGON.

3 The project for the Columbia River, Seafarers Memo4 rial, Hammond, Oregon, authorized by title I of the Energy

5 and Water Development Appropriations Act, 1991 (104

6 Stat. 2078), is not authorized.

7 SEC. 6043. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

8 The project for flood control and recreation, Tioga9 Hammond Lakes, Mill Creek Recreation, Pennsylvania, au10 thorized by section 203 of the Flood Control Act of 1958

11 (72 Stat. 313), is not authorized.

12 SEC. 6044. TAMAQUA, PENNSYLVANIA.

13 The project for flood control, Tamaqua, Pennsylvania,

14 authorized by section 1(a) of the Water Resources Develop15 ment Act of 1974 (88 Stat. 14), is not authorized.

16 SEC. 6045. NARRAGANSETT TOWN BEACH, NARRAGANSETT,

17 RHODE ISLAND.

18 The project for navigation, Narragansett Town Beach,

19 Narragansett, Rhode Island, authorized by section 361 of

20 the Water Resources Development Act of 1992 (106 Stat.

21 4861), is not authorized.

22 SEC. 6046. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

23 The project for bulkhead repairs, Quonset Point24 Davisville, Rhode Island, authorized by section 571 of the

25 Water Resources Development Act of 1996 (110 Stat. 3788),

26 is not authorized.
†

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1 SEC. 6047. ARROYO COLORADO, TEXAS.

2 The project for flood damage reduction, Arroyo Colo3 rado, Texas, authorized by section 401(a) of the Water Re4 sources Development Act of 1986 (100 Stat. 4125), is not

5 authorized.

6 SEC. 6048. CYPRESS CREEK-STRUCTURAL, TEXAS.

7 The project for flood damage reduction, Cypress Creek8 Structural, Texas, authorized by section 3(a)(13) of the

9 Water Resources Development Act of 1988 (102 Stat. 4014),

10 is not authorized.

11 SEC. 6049. EAST FORK CHANNEL IMPROVEMENT, INCRE12 MENT 2, EAST FORK OF THE TRINITY RIVER,

13 TEXAS.

14 The project for flood damage reduction, East Fork

15 Channel Improvement, Increment 2, East Fork of the Trin16 ity River, Texas, authorized by section 203 of the Flood

17 Control Act of 1962 (76 Stat. 1185), is not authorized.

18 SEC. 6050. FALFURRIAS, TEXAS.

19 The project for flood damage reduction, Falfurrias,

20 Texas, authorized by section 3(a)(14) of the Water Re21 sources Development Act of 1988 (102 Stat. 4014), is not

22 authorized.

23 SEC. 6051. PECAN BAYOU LAKE, TEXAS.

24 The project for flood control, Pecan Bayou Lake,

25 Texas, authorized by section 203 of the Flood Control Act

26 of 1968 (82 Stat. 742), is not authorized.
†

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1 SEC. 6052. LAKE OF THE PINES, TEXAS.

2 The project for navigation improvements affecting

3 Lake of the Pines, Texas, for the portion of the Red River

4 below Fulton, Arkansas, authorized by the Act of July 13,

5 1892 (27 Stat. 88, chapter 158), as amended by the Act

6 of July 24, 1946 (60 Stat. 635, chapter 595), the Act of

7 May 17, 1950 (64 Stat. 163, chapter 188), and the River

8 and Harbor Act of 1968 (82 Stat. 731), is not authorized.

9 SEC. 6053. TENNESSEE COLONY LAKE, TEXAS.

10 The project for navigation, Tennessee Colony Lake,

11 Trinity River, Texas, authorized by section 204 of the River

12 and Harbor Act of 1965 (79 Stat. 1091), is not authorized.

13 SEC. 6054. CITY WATERWAY, TACOMA, WASHINGTON.

14 The portion of the project for navigation, City Water15 way, Tacoma, Washington, authorized by the first section

16 of the Act of June 13, 1902 (32 Stat. 347), consisting of

17 the last 1,000 linear feet of the inner portion of the Water18 way beginning at Station 70+00 and ending at Station

19 80+00, is not authorized.

20 SEC. 6055. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

21 The project for bank erosion, Kanawha River, Charles22 ton, West Virginia, authorized by section 603(f)(13) of the
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HR 1495 EAS

1 Water Resources Development Act of 1986 (100 Stat. 4153),

2 is not authorized.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 1495

AMENDMENT