IB 

Union Calendar No. 44 

110TH CONGRESS 

1ST SESSION H. R. 1495 

[Report No. 110–80] 

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various 

projects for improvements to rivers and harbors of the United States, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2007 

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

Transportation and Infrastructure 

MARCH 29, 2007 

Additional sponsors: Mr. MICA and Mr. BAKER

MARCH 29, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 13, 2007] 

A BILL 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes. 


pwalker on PROD1PC71 with BILLS
2 

•HR 1495 RH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

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

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

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

TITLE II—GENERAL PROVISIONS 

Sec. 2001. Non-Federal contributions. 

Sec. 2002. Harbor cost sharing. 

Sec. 2003. Funding to process permits. 

Sec. 2004. National shoreline erosion control development and demonstration program. 

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

Sec. 2006. Aquatic ecosystem restoration. 

Sec. 2007. Small flood damage reduction projects. 

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

Sec. 2009. Written agreement for water resources projects. 

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

Sec. 2011. Compilation of laws. 

Sec. 2012. Dredged material disposal. 

Sec. 2013. Wetlands mitigation. 

Sec. 2014. Mitigation for fish and wildlife losses. 

Sec. 2015. Remote and subsistence harbors. 

Sec. 2016. Beneficial uses of dredged material. 

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

Sec. 2018. Use of other Federal funds. 

Sec. 2019. Revision of project partnership agreement. 

Sec. 2020. Cost sharing. 

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

Sec. 2022. Watershed and river basin assessments. 

Sec. 2023. Tribal partnership program. 

Sec. 2024. Wildfire firefighting. 

Sec. 2025. Technical assistance. 


pwalker on PROD1PC71 with BILLS
3 

•HR 1495 RH

Sec. 2026. Lakes program. 

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

Sec. 2028. Project streamlining. 

Sec. 2029. Cooperative agreements. 

Sec. 2030. Training funds. 

Sec. 2031. Access to water resource data. 

Sec. 2032. Shore protection projects. 

Sec. 2033. Ability to pay. 

Sec. 2034. Leasing authority. 

Sec. 2035. Cost estimates. 

Sec. 2036. Project planning. 

Sec. 2037. Independent peer review. 

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

Sec. 2039. Offshore oil and gas fabrication port. 

Sec. 2040. Use of firms employing local residents. 

TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. Cook Inlet, Alaska. 

Sec. 3002. King Cove Harbor, Alaska. 

Sec. 3003. Sitka, Alaska. 

Sec. 3004. Tatitlek, Alaska. 

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

Sec. 3006. Osceola Harbor, Arkansas. 

Sec. 3007. Pine Mountain Dam, Arkansas. 

Sec. 3008. American and Sacramento Rivers, California. 

Sec. 3009. Compton Creek, California. 

Sec. 3010. Grayson Creek/Murderer’s Creek, California. 

Sec. 3011. Hamilton Airfield, California. 

Sec. 3012. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 

Sec. 3013. Kaweah River, California. 

Sec. 3014. Larkspur Ferry Channel, Larkspur, California. 

Sec. 3015. Llagas Creek, California. 

Sec. 3016. Magpie Creek, California. 

Sec. 3017. Pacific Flyway Center, Sacramento, California. 

Sec. 3018. Pinole Creek, California. 

Sec. 3019. Prado Dam, California. 

Sec. 3020. Sacramento and American Rivers flood control, California. 

Sec. 3021. Sacramento Deep Water Ship Channel, California. 

Sec. 3022. Santa Cruz Harbor, California. 

Sec. 3023. Seven Oaks Dam, California. 

Sec. 3024. Upper Guadalupe River, California. 

Sec. 3025. Walnut Creek Channel, California. 

Sec. 3026. Wildcat/San Pablo Creek Phase I, California. 

Sec. 3027. Wildcat/San Pablo Creek Phase II, California. 

Sec. 3028. Yuba River Basin project, California. 

Sec. 3029. South Platte River Basin, Colorado. 

Sec. 3030. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware 

and Maryland. 

Sec. 3031. Brevard County, Florida. 

Sec. 3032. Broward County and Hillsboro Inlet, Florida. 

Sec. 3033. Canaveral Harbor, Florida. 

Sec. 3034. Gasparilla and Estero Islands, Florida. 

Sec. 3035. Jacksonville Harbor, Florida. 


pwalker on PROD1PC71 with BILLS
4 

•HR 1495 RH

Sec. 3036. Lido Key Beach, Sarasota, Florida. 

Sec. 3037. Miami Harbor, Florida. 

Sec. 3038. Peanut Island, Florida. 

Sec. 3039. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3040. Tampa Harbor Cut B, Florida. 

Sec. 3041. Allatoona Lake, Georgia. 

Sec. 3042. Latham River, Glynn County, Georgia. 

Sec. 3043. Dworshak Dam and Reservoir improvements, Idaho. 

Sec. 3044. Beardstown Community Boat Harbor, Beardstown, Illinois. 

Sec. 3045. Cache River Levee, Illinois. 

Sec. 3046. Chicago River, Illinois. 

Sec. 3047. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois. 

Sec. 3048. Emiquon, Illinois. 

Sec. 3049. Lasalle, Illinois. 

Sec. 3050. Spunky Bottoms, Illinois. 

Sec. 3051. Fort Wayne and vicinity, Indiana. 

Sec. 3052. Koontz Lake, Indiana. 

Sec. 3053. White River, Indiana. 

Sec. 3054. Des Moines River and Greenbelt, Iowa. 

Sec. 3055. Prestonsburg, Kentucky. 

Sec. 3056. Amite River and tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3057. Atchafalaya Basin, Louisiana. 

Sec. 3058. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3059. Bayou Plaquemine, Louisiana. 

Sec. 3060. J. Bennett Johnston Waterway, Mississippi River to Shreveport, Louisiana. 

Sec. 3061. Melville, Louisiana. 

Sec. 3062. Mississippi Delta Region, Louisiana. 

Sec. 3063. New Orleans to Venice, Louisiana. 

Sec. 3064. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3065. Camp Ellis, Saco, Maine. 

Sec. 3066. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3067. St. Clair River and Lake St. Clair, Michigan. 

Sec. 3068. St. Joseph Harbor, Michigan. 

Sec. 3069. Sault Sainte Marie, Michigan. 

Sec. 3070. Ada, Minnesota. 

Sec. 3071. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3072. Grand Marais, Minnesota. 

Sec. 3073. Grand Portage Harbor, Minnesota. 

Sec. 3074. Granite Falls, Minnesota. 

Sec. 3075. Knife River Harbor, Minnesota. 

Sec. 3076. Red Lake River, Minnesota. 

Sec. 3077. Silver Bay, Minnesota. 

Sec. 3078. Taconite Harbor, Minnesota. 

Sec. 3079. Two Harbors, Minnesota. 

Sec. 3080. Deer Island, Harrison County, Mississippi. 

Sec. 3081. Pearl River Basin, Mississippi. 

Sec. 3082. Festus and Crystal City, Missouri. 

Sec. 3083. L–15 levee, Missouri. 

Sec. 3084. Monarch-Chesterfield, Missouri. 

Sec. 3085. River Des Peres, Missouri. 

Sec. 3086. Antelope Creek, Lincoln, Nebraska. 

Sec. 3087. Sand Creek Watershed, Wahoo, Nebraska. 


pwalker on PROD1PC71 with BILLS
5 

•HR 1495 RH

Sec. 3088. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3089. Passaic River Basin flood management, New Jersey. 

Sec. 3090. Buffalo Harbor, New York. 

Sec. 3091. Orchard Beach, Bronx, New York. 

Sec. 3092. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3093. New York State Canal System. 

Sec. 3094. Lower Girard Lake Dam, Ohio. 

Sec. 3095. Mahoning River, Ohio. 

Sec. 3096. Delaware River, Pennsylvania, New Jersey, and Delaware. 

Sec. 3097. Raystown Lake, Pennsylvania. 

Sec. 3098. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania. 

Sec. 3099. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3100. South Central Pennsylvania. 

Sec. 3101. Wyoming Valley, Pennsylvania. 

Sec. 3102. Cedar Bayou, Texas. 

Sec. 3103. Freeport Harbor, Texas. 

Sec. 3104. Lake Kemp, Texas. 

Sec. 3105. Lower Rio Grande Basin, Texas. 

Sec. 3106. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3107. Pat Mayse Lake, Texas. 

Sec. 3108. Proctor Lake, Texas. 

Sec. 3109. San Antonio Channel, San Antonio, Texas. 

Sec. 3110. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia. 

Sec. 3111. Tangier Island Seawall, Virginia. 

Sec. 3112. Duwamish/Green, Washington. 

Sec. 3113. Yakima River, Port of Sunnyside, Washington. 

Sec. 3114. Greenbrier River Basin, West Virginia. 

Sec. 3115. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3116. Northern West Virginia. 

Sec. 3117. Manitowoc Harbor, Wisconsin. 

Sec. 3118. Mississippi River headwaters reservoirs. 

Sec. 3119. Continuation of project authorizations. 

Sec. 3120. Project reauthorizations. 

Sec. 3121. Project deauthorizations. 

Sec. 3122. Land conveyances. 

Sec. 3123. Extinguishment of reversionary interests and use restrictions. 

TITLE IV—STUDIES 

Sec. 4001. John Glenn Great Lakes Basin Program. 

Sec. 4002. Lake Erie dredged material disposal sites. 

Sec. 4003. Southwestern United States drought study. 

Sec. 4004. Delaware River. 

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

Sec. 4006. Kuskokwim River, Alaska. 

Sec. 4007. St. George Harbor, Alaska. 

Sec. 4008. Susitna River, Alaska. 

Sec. 4009. Gila Bend, Maricopa, Arizona. 

Sec. 4010. Searcy County, Arkansas. 

Sec. 4011. Elkhorn Slough Estuary, California. 

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

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

Sec. 4014. Lytle Creek, Rialto, California. 

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


pwalker on PROD1PC71 with BILLS
6 

•HR 1495 RH

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

Sec. 4017. Orick, California. 

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

Sec. 4019. Sacramento River, California. 

Sec. 4020. San Diego County, California. 

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

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

Sec. 4023. Twentynine Palms, California. 

Sec. 4024. Yucca Valley, California. 

Sec. 4025. Roaring Fork River, Basalt, Colorado. 

Sec. 4026. Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware. 

Sec. 4027. Collier County Beaches, Florida. 

Sec. 4028. Lower St. Johns River, Florida. 

Sec. 4029. Vanderbilt Beach Lagoon, Florida. 

Sec. 4030. Meriwether County, Georgia. 

Sec. 4031. Tybee Island, Georgia. 

Sec. 4032. Boise River, Idaho. 

Sec. 4033. Ballard’s Island Side Channel, Illinois. 

Sec. 4034. Salem, Indiana. 

Sec. 4035. Buckhorn Lake, Kentucky. 

Sec. 4036. Dewey Lake, Kentucky. 

Sec. 4037. Louisville, Kentucky. 

Sec. 4038. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 4039. Clinton River, Michigan. 

Sec. 4040. Hamburg and Green Oak Townships, Michigan. 

Sec. 4041. Duluth-Superior Harbor, Minnesota and Wisconsin. 

Sec. 4042. Northeast Mississippi. 

Sec. 4043. St. Louis, Missouri. 

Sec. 4044. Dredged material disposal, New Jersey. 

Sec. 4045. Bayonne, New Jersey. 

Sec. 4046. Carteret, New Jersey. 

Sec. 4047. Gloucester County, New Jersey. 

Sec. 4048. Perth Amboy, New Jersey. 

Sec. 4049. Batavia, New York. 

Sec. 4050. Big Sister Creek, Evans, New York. 

Sec. 4051. Finger Lakes, New York. 

Sec. 4052. Lake Erie Shoreline, Buffalo, New York. 

Sec. 4053. Newtown Creek, New York. 

Sec. 4054. Niagara River, New York. 

Sec. 4055. Shore Parkway Greenway, Brooklyn, New York. 

Sec. 4056. Upper Delaware River Watershed, New York. 

Sec. 4057. Lincoln County, North Carolina. 

Sec. 4058. Wilkes County, North Carolina. 

Sec. 4059. Yadkinville, North Carolina. 

Sec. 4060. Lake Erie, Ohio. 

Sec. 4061. Ohio River, Ohio. 

Sec. 4062. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4063. Walla Walla River Basin, Oregon. 

Sec. 4064. Chartiers Creek Watershed, Pennsylvania. 

Sec. 4065. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 

Sec. 4066. Western Pennsylvania flood damage reduction, Pennsylvania. 

Sec. 4067. Williamsport, Pennsylvania. 

Sec. 4068. Yardley Borough, Pennsylvania. 

Sec. 4069. Rio Valenciano, Juncos, Puerto Rico. 


pwalker on PROD1PC71 with BILLS
7 

•HR 1495 RH

Sec. 4070. Crooked Creek, Bennettsville, South Carolina. 

Sec. 4071. Broad River, York County, South Carolina. 

Sec. 4072. Chattanooga, Tennessee. 

Sec. 4073. Cleveland, Tennessee. 

Sec. 4074. Cumberland River, Nashville, Tennessee. 

Sec. 4075. Lewis, Lawrence, and Wayne Counties, Tennessee. 

Sec. 4076. Wolf River and Nonconnah Creek, Memphis Tennessee. 

Sec. 4077. Abilene, Texas. 

Sec. 4078. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 4079. Johnson Creek, Arlington, Texas. 

Sec. 4080. Port of Galveston, Texas. 

Sec. 4081. Grand County and Moab, Utah. 

Sec. 4082. Southwestern Utah. 

Sec. 4083. Chowan River Basin, Virginia and North Carolina. 

Sec. 4084. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4085. Monongahela River Basin, northern West Virginia. 

Sec. 4086. Kenosha Harbor, Wisconsin. 

Sec. 4087. Wauwatosa, Wisconsin. 

Sec. 4088. Johnsonville Dam, Johnsonville, Wisconsin. 

TITLE V—MISCELLANEOUS 

Sec. 5001. Maintenance of navigation channels. 

Sec. 5002. Watershed management. 

Sec. 5003. Dam safety. 

Sec. 5004. Structural integrity evaluations. 

Sec. 5005. Flood mitigation priority areas. 

Sec. 5006. Additional assistance for authorized projects. 

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

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

Sec. 5009. Southeastern water resources assessment. 

Sec. 5010. Upper Mississippi River environmental management program. 

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

Sec. 5012. Great Lakes fishery and ecosystem restoration. 

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

Sec. 5014. Great Lakes tributary models. 

Sec. 5015. Great Lakes navigation. 

Sec. 5016. Upper Mississippi River dispersal barrier project. 

Sec. 5017. Susquehanna, Delaware, and Potomac River Basins, Delaware, Maryland, Pennsylvania, and Virginia. 

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

Sec. 5019. Hypoxia assessment. 

Sec. 5020. Potomac River watershed assessment and tributary strategy evaluation 

and monitoring program. 

Sec. 5021. Lock and dam security. 

Sec. 5022. Rehabilitation. 

Sec. 5023. Research and development program for Columbia and Snake River 

salmon survival. 

Sec. 5024. Auburn, Alabama. 

Sec. 5025. Pinhook Creek, Huntsville, Alabama. 

Sec. 5026. Alaska. 

Sec. 5027. Barrow, Alaska. 

Sec. 5028. Coffman Cove, Alaska. 

Sec. 5029. Fire Island, Alaska. 

Sec. 5030. Fort Yukon, Alaska. 


pwalker on PROD1PC71 with BILLS
8 

•HR 1495 RH

Sec. 5031. Kotzebue Harbor, Alaska. 

Sec. 5032. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5034. Tanana River, Alaska. 

Sec. 5035. Valdez, Alaska. 

Sec. 5036. Whittier, Alaska. 

Sec. 5037. Wrangell Harbor, Alaska. 

Sec. 5038. Augusta and Clarendon, Arkansas. 

Sec. 5039. Des Arc levee protection, Arkansas. 

Sec. 5040. Loomis Landing, Arkansas. 

Sec. 5041. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5042. Cambria, California. 

Sec. 5043. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5044. Dana Point Harbor, California. 

Sec. 5045. East San Joaquin County, California. 

Sec. 5046. Eastern Santa Clara basin, California. 

Sec. 5047. Los Osos, California. 

Sec. 5048. Pine Flat Dam and Reservoir, California. 

Sec. 5049. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, 

California. 

Sec. 5050. San Francisco, California. 

Sec. 5051. San Francisco, California, waterfront area. 

Sec. 5052. San Pablo Bay, California, watershed and Suisun Marsh ecosystem 

restoration. 

Sec. 5053. Stockton, California. 

Sec. 5054. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5055. Florida Keys water quality improvements. 

Sec. 5056. Lake Worth, Florida. 

Sec. 5057. Riley Creek Recreation Area, Idaho. 

Sec. 5058. Reconstruction of Illinois flood protection projects. 

Sec. 5059. Illinois River Basin restoration. 

Sec. 5060. Kaskaskia River Basin, Illinois, restoration. 

Sec. 5061. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5062. Promontory Point, Lake Michigan, Illinois. 

Sec. 5063. Burns Waterway Harbor, Indiana. 

Sec. 5064. Calumet region, Indiana. 

Sec. 5065. Paducah, Kentucky. 

Sec. 5066. Southern and eastern Kentucky. 

Sec. 5067. Winchester, Kentucky. 

Sec. 5068. Baton Rouge, Louisiana. 

Sec. 5069. Calcasieu Ship Channel, Louisiana. 

Sec. 5070. Cross Lake, Shreveport, Louisiana. 

Sec. 5071. West Baton Rouge Parish, Louisiana. 

Sec. 5072. Charlestown, Maryland. 

Sec. 5073. Anacostia River, District of Columbia and Maryland. 

Sec. 5074. Delmarva Conservation Corridor, Delaware and Maryland. 

Sec. 5075. Massachusetts dredged material disposal sites. 

Sec. 5076. Ontonagon Harbor, Michigan. 

Sec. 5077. Crookston, Minnesota. 

Sec. 5078. Garrison and Kathio Township, Minnesota. 

Sec. 5079. Itasca County, Minnesota. 

Sec. 5080. Minneapolis, Minnesota. 

Sec. 5081. Northeastern Minnesota. 


pwalker on PROD1PC71 with BILLS
9 

•HR 1495 RH

Sec. 5082. Wild Rice River, Minnesota. 

Sec. 5083. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5084. Mississippi River, Missouri and Illinois. 

Sec. 5085. St. Louis, Missouri. 

Sec. 5086. Hackensack Meadowlands area, New Jersey. 

Sec. 5087. Atlantic Coast of New York. 

Sec. 5088. College Point, New York City, New York. 

Sec. 5089. Flushing Bay and Creek, New York City, New York. 

Sec. 5090. Hudson River, New York. 

Sec. 5091. Mount Morris Dam, New York. 

Sec. 5092. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5093. Stanly County, North Carolina. 

Sec. 5094. Cincinnati, Ohio. 

Sec. 5095. Toussaint River, Ohio. 

Sec. 5096. Eugene, Oregon. 

Sec. 5097. Fern Ridge Dam, Oregon. 

Sec. 5098. Allegheny County, Pennsylvania. 

Sec. 5099. Kehly Run Dams, Pennsylvania. 

Sec. 5100. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5101. Northeast Pennsylvania. 

Sec. 5102. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5103. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5104. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial 

wildlife habitat restoration, South Dakota. 

Sec. 5105. Fritz Landing, Tennessee. 

Sec. 5106. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5107. Town Creek, Lenoir City, Tennessee. 

Sec. 5108. Tennessee River partnership. 

Sec. 5109. Upper Mississippi embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5110. Bosque River Watershed, Texas. 

Sec. 5111. Dallas Floodway, Dallas Texas. 

Sec. 5112. Harris County, Texas. 

Sec. 5113. Onion Creek, Texas. 

Sec. 5114. Eastern Shore and southwest Virginia. 

Sec. 5115. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5116. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5117. Hamilton Island campground, Washington. 

Sec. 5118. Puget Island, Washington. 

Sec. 5119. Willapa Bay, Washington. 

Sec. 5120. West Virginia and Pennsylvania flood control. 

Sec. 5121. Central West Virginia. 

Sec. 5122. Southern West Virginia. 

Sec. 5123. Construction of flood control projects by non-Federal interests. 

TITLE VI—FLORIDA EVERGLADES 

Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6002. Pilot projects. 

Sec. 6003. Maximum costs. 

Sec. 6004. Project authorization. 

Sec. 6005. Credit. 

Sec. 6006. Outreach and assistance. 

Sec. 6007. Critical restoration projects. 

Sec. 6008. Modified water deliveries. 

Sec. 6009. Deauthorizations. 


pwalker on PROD1PC71 with BILLS
10 

•HR 1495 RH

Sec. 6010. Regional engineering model for environmental restoration. 

TITLE VII—LOUISIANA COASTAL AREA 

Sec. 7001. Definitions. 

Sec. 7002. Comprehensive plan. 

Sec. 7003. Louisiana coastal area. 

Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task Force. 

Sec. 7005. Project modifications. 

Sec. 7006. Construction. 

Sec. 7007. Non-Federal cost share. 

Sec. 7008. Project justification. 

Sec. 7009. Independent review. 

Sec. 7010. Expedited reports. 

Sec. 7011. Reporting. 

Sec. 7012. New Orleans and vicinity. 

Sec. 7013. Mississippi River Gulf Outlet. 

TITLE VIII—UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY 

SYSTEM 

Sec. 8001. Definitions. 

Sec. 8002. Navigation improvements and restoration. 

Sec. 8003. Authorization of construction of navigation improvements. 

Sec. 8004. Ecosystem restoration authorization. 

Sec. 8005. Comparable progress. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the 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, ALASKA.—The project for naviga14 tion, Haines, Alaska: Report of the Chief of Engineers 


pwalker on PROD1PC71 with BILLS
11 

•HR 1495 RH

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

2 $14,040,000, with an estimated Federal cost of 

3 $11,232,000 and an estimated non-Federal cost of 

4 $2,808,000. 

5 (2) PORT LIONS, ALASKA.—The project for navi6 gation, Port Lions, Alaska: Report of the Chief of En7 gineers dated June 14, 2006, at a total cost of 

8 $9,530,000, with an estimated Federal cost of 

9 $7,624,000 and an estimated non-Federal cost of 

10 $1,906,000. 

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

12 for environmental restoration, Rio Salado Oeste, Ari13 zona: Report of the Chief of Engineers dated Decem14 ber 19, 2006, at a total cost of $166,650,000, with an 

15 estimated Federal cost of $106,629,000 and an esti16 mated non-Federal cost of $60,021,000. 

17 (4) SANTA CRUZ RIVER, PASEO DE LAS IGLESIAS, 

18 ARIZONA.—The project for environmental restoration, 

19 Santa Cruz River, Pima County, Arizona: Report of 

20 the Chief of Engineers dated March 28, 2006, at a 

21 total cost of $97,700,000, with an estimated Federal 

22 cost of $63,300,000 and an estimated non-Federal cost 

23 of $34,400,000. 

24 (5) TANQUE VERDE CREEK, PIMA COUNTY, ARI25 ZONA.—The project for environmental restoration, 


pwalker on PROD1PC71 with BILLS
12 

•HR 1495 RH

1 Tanque Verde Creek, Pima County, Arizona: Report 

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

3 total cost of $5,906,000, with an estimated Federal 

4 cost of $3,836,000 and an estimated non-Federal cost 

5 of $2,070,000. 

6 (6) SALT RIVER (VA SHLYAY’ AKIMEL), MARICOPA

7 COUNTY, ARIZONA.—The project for environmental 

8 restoration, Salt River (Va Shlyay’ Akimel), Arizona: 

9 Report of the Chief of Engineers dated January 3, 

10 2005, at a total cost of $162,100,000, with an esti11 mated Federal cost of $105,200,000 and an estimated 

12 non-Federal cost of $56,900,000. 

13 (7) MAY BRANCH, FORT SMITH, ARKANSAS.—The 

14 project for flood damage reduction, May Branch, Fort 

15 Smith, Arkansas, Report of the Chief of Engineers 

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

17 $30,850,000, with an estimated Federal cost of 

18 $15,010,000 and an estimated non-Federal cost of 

19 $15,840,000. 

20 (8) HAMILTON CITY, CALIFORNIA.—The project 

21 for flood damage reduction and environmental res22 toration, Hamilton City, California: Report of the 

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

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


pwalker on PROD1PC71 with BILLS
13 

•HR 1495 RH

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

2 $18,300,000. 

3 (9) IMPERIAL BEACH, CALIFORNIA.—The project 

4 for storm damage reduction, Imperial Beach, Cali5 fornia: Report of the Chief of Engineers dated Decem6 ber 30, 2003, at a total cost of $13,700,000, with an 

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

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

9 total cost of $42,500,000 for periodic beach nourish10 ment over the 50-year life of the project, with an esti11 mated Federal cost of $21,250,000 and an estimated 

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

13 (10) MATILIJA DAM, VENTURA COUNTY, CALI14 FORNIA.—The project for environmental restoration, 

15 Matilija Dam, Ventura County, California: Report of 

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

17 a total cost of $144,500,000, with an estimated Fed18 eral cost of $89,700,000 and an estimated non-Fed19 eral cost of $54,800,000. 

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

22 environmental restoration, Middle Creek, Lake Coun23 ty, California: Report of the Chief of Engineers dated 

24 November 29, 2004, at a total cost of $45,200,000, 


pwalker on PROD1PC71 with BILLS
14 

•HR 1495 RH

1 with an estimated Federal cost of $29,500,000 and an 

2 estimated non-Federal cost of $15,700,000. 

3 (12) NAPA RIVER SALT MARSH RESTORATION, 

4 CALIFORNIA.— 

5 (A) IN GENERAL.—The project for environ6 mental restoration, Napa River Salt Marsh Res7 toration, Napa, California: Report of the Chief of 

8 Engineers dated December 22, 2004, at a total 

9 cost of $134,500,000, with an estimated Federal 

10 cost of $87,500,000 and an estimated non-Fed11 eral 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 (13) DENVER COUNTY REACH, SOUTH PLATTE

24 RIVER, DENVER, COLORADO.—The project for environ25 mental restoration, Denver County Reach, South 


pwalker on PROD1PC71 with BILLS
15 

•HR 1495 RH

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

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

3 $21,050,000, with an estimated Federal cost of 

4 $13,680,000 and an estimated non-Federal cost of 

5 $7,370,000. 

6 (14) MIAMI HARBOR, MIAMI-DADE COUNTY, 

7 FLORIDA.— 

8 (A) IN GENERAL.—The project for naviga9 tion, Miami Harbor, Miami-Dade County, Flor10 ida: Report of the Chief of Engineers dated April 

11 25, 2005, at a total cost of $125,270,000, with an 

12 estimated Federal cost of $75,140,000 and an es13 timated non-Federal cost of $50,130,000. 

14 (B) GENERAL REEVALUATION REPORT.— 

15 The non-Federal share of the cost of the general 

16 reevaluation report that resulted in the report of 

17 the Chief of Engineers referred to in subpara18 graph (A) shall be the same percentage as the 

19 non-Federal share of cost of construction of the 

20 project. 

21 (C) AGREEMENT.—The Secretary shall 

22 enter into a new partnership with the non-Fed23 eral interest to reflect the cost sharing required 

24 by subparagraph (B). 


pwalker on PROD1PC71 with BILLS
16 

•HR 1495 RH

1 (15) EAST ST. LOUIS AND VICINITY, ILLINOIS.— 

2 The project for environmental restoration and recre3 ation, East St. Louis and Vicinity, Illinois: Report of 

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

5 a total cost of $208,260,000, with an estimated Fed6 eral cost of $134,910,000 and an estimated non-Fed7 eral cost of $73,350,000. 

8 (16) PEORIA RIVERFRONT DEVELOPMENT, ILLI9 NOIS.—The project for environmental restoration, Pe10 oria Riverfront Development, Illinois: Report of the 

11 Chief of Engineers dated July 28, 2003, at a total 

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

13 $11,840,000 and an estimated non-Federal cost of 

14 $6,380,000. 

15 (17) WOOD RIVER LEVEE SYSTEM RECONSTRUC16 TION, MADISON COUNTY, ILLINOIS.—The project for 

17 flood damage reduction, Wood River Levee System 

18 Reconstruction, Madison County, Illinois: Report of 

19 the Chief of Engineers dated July 18, 2006, at a total 

20 cost of $17,220,000, with an estimated Federal cost of 

21 $11,193,000 and an estimated non-Federal cost of 

22 $6,027,000. 

23 (18) DES MOINES AND RACCOON RIVERS, DES

24 MOINES, IOWA.—The project for flood damage reduc25 tion, Des Moines and Raccoon Rivers, Des Moines, 


pwalker on PROD1PC71 with BILLS
17 

•HR 1495 RH

1 Iowa: Report of the Chief of Engineers dated March 

2 28, 2006, at a total cost of $10,780,000, with an esti3 mated Federal cost of $6,967,000 and an estimated 

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

5 (19) LICKING RIVER BASIN, CYNTHIANA, KEN6 TUCKY.—The project for flood damage reduction, 

7 Licking River Basin, Cynthiana, Kentucky: Report of 

8 the Chief of Engineers dated October 24, 2006, at a 

9 total cost of $18,200,000, with an estimated Federal 

10 cost of $11,830,000 and an estimated non-Federal cost 

11 of $6,370,000. 

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

13 project for navigation, Bayou Sorrel Lock, Louisiana: 

14 Report of the Chief of Engineers dated January 3, 

15 2005, at a total cost of $9,680,000. The costs of construction of the project are to be paid 1 16 ⁄2 from 

17 amounts appropriated from the general fund of the 

Treasury and 1 18 ⁄2 from amounts appropriated from 

19 the Inland Waterways Trust Fund. 

20 (21) MORGANZA TO THE GULF OF MEXICO, LOU21 ISIANA.— 

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

23 and storm damage reduction, Morganza to the 

24 Gulf of Mexico, Louisiana: Reports of the Chief 

25 of Engineers dated August 23, 2002, and July 


pwalker on PROD1PC71 with BILLS
18 

•HR 1495 RH

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

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

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

4 (B) CREDIT.—The Secretary shall credit to5 ward the non-Federal share of the cost of the 

6 project the cost of design and construction work 

7 carried out by the non-Federal interest before the 

8 date of the partnership agreement for the project 

9 if the Secretary determines that the work is inte10 gral to the project. 

11 (22) PORT OF IBERIA, LOUISIANA.—The project 

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

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

14 a total cost of $131,250,000, with an estimated Fed15 eral cost of $105,315,000 and an estimated non-Fed16 eral cost of $25,935,000. 

17 (23) SMITH ISLAND, SOMERSET COUNTY, MARY18 LAND.—The project for environmental restoration, 

19 Smith Island, Somerset County, Maryland: Report of 

20 the Chief of Engineers dated October 29, 2001, at a 

21 total cost of $15,580,000, with an estimated Federal 

22 cost of $10,127,000 and an estimated non-Federal cost 

23 of $5,453,000. 

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

25 project for flood damage reduction, Roseau River, 


pwalker on PROD1PC71 with BILLS
19 

•HR 1495 RH

1 Roseau, Minnesota, Report of the Chief of Engineers 

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

3 $25,100,000, with an estimated Federal cost of 

4 $13,820,000 and an estimated non-Federal cost of 

5 $11,280,000. 

6 (25) MISSISSIPPI COASTAL, MISSISSIPPI.—The 

7 project for hurricane and storm damage reduction 

8 and environmental restoration, Mississippi Coastal, 

9 Mississippi, Report of the Chief of Engineers dated 

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

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

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

13 (26) KANSAS CITYS LEVEES, MISSOURI AND KAN14 SAS.—The project for flood damage reduction, Kansas 

15 Citys levees, Missouri and Kansas, Report of the Chief 

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

17 of $65,430,000, with an estimated Federal cost of 

18 $42,530,000 and an estimated non-Federal cost of 

19 $22,900,000. 

20 (27) SWOPE PARK INDUSTRIAL AREA, BLUE

21 RIVER, KANSAS CITY, MISSOURI.—The project for flood 

22 damage reduction, Swope Park Industrial Area, Blue 

23 River, Kansas City, Missouri: Report of the Chief of 

24 Engineers dated December 30, 2003, at a total cost of 

25 $16,980,000, with an estimated Federal cost of 


pwalker on PROD1PC71 with BILLS
20 

•HR 1495 RH

1 $11,037,000 and an estimated non-Federal cost of 

2 $5,943,000. 

3 (28) GREAT EGG HARBOR INLET TO TOWNSENDS

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

5 storm damage reduction, Great Egg Harbor Inlet to 

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

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

8 $54,360,000, with an estimated Federal cost of 

9 $35,069,000 and an estimated non-Federal cost of 

10 $19,291,000, and at an estimated total cost of 

11 $202,500,000 for periodic nourishment over the 50- 

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

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

14 $101,250,000. 

15 (29) HUDSON RARITAN ESTUARY, LIBERTY STATE

16 PARK, NEW JERSEY.— 

17 (A) IN GENERAL.—The project for environ18 mental restoration, Hudson Raritan Estuary, 

19 Liberty State Park, New Jersey: Report of the 

20 Chief of Engineers dated August 25, 2006, at a 

21 total cost of $34,100,000, with an estimated Fed22 eral cost of $22,200,000 and an estimated non23 Federal cost of $11,900,000. 

24 (B) RESTORATION TEAMS.—In carrying out 

25 the project, the Secretary shall establish and utiVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
21 

•HR 1495 RH

1 lize watershed restoration teams composed of es2 tuary restoration experts from the Corps of En3 gineers, the New Jersey department of environ4 mental protection, and the Port Authority of 

5 New York and New Jersey and other experts des6 ignated by the Secretary for the purpose of devel7 oping habitat restoration and water quality en8 hancement. 

9 (30) MANASQUAN INLET TO BARNEGAT INLET, 

10 NEW JERSEY.—The project for hurricane and storm 

11 damage reduction, Manasquan Inlet to Barnegat 

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

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

14 $71,900,000, with an estimated Federal cost of 

15 $46,735,000 and an estimated non-Federal cost of 

16 $25,165,000, and at an estimated total cost of 

17 $119,680,000 for periodic beach nourishment over the 

18 50-year life of the project, with an estimated Federal 

19 cost of $59,840,000 and an estimated non-Federal cost 

20 of $59,840,000. 

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

22 BEACH, NEW JERSEY.—The project for hurricane and 

23 storm damage reduction, Raritan Bay and Sandy 

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

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


pwalker on PROD1PC71 with BILLS
22 

•HR 1495 RH

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

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

3 $40,200,000, and at an estimated total cost of 

4 $6,500,000 for periodic nourishment over the 50-year 

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

6 $3,250,000 and an estimated non-Federal cost of 

7 $3,250,000. 

8 (32) SOUTH RIVER, RARITAN RIVER BASIN, NEW

9 JERSEY.—The project for hurricane and storm dam10 age reduction and environmental restoration, South 

11 River, Raritan River Basin, New Jersey: Report of 

12 the Chief of Engineers dated July 22, 2003, at a total 

13 cost of $122,300,000, with an estimated Federal cost 

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

15 $42,800,000. 

16 (33) SOUTHWEST VALLEY, BERNALILLO COUNTY, 

17 NEW MEXICO.—The project for flood damage reduc18 tion, Southwest Valley, Bernalillo County, New Mex19 ico: Report of the Chief of Engineers dated November 

20 29, 2004, at a total cost of $24,840,000, with an esti21 mated Federal cost of $16,150,000 and an estimated 

22 non-Federal cost of $8,690,000. 

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

24 for hurricane and storm damage reduction, Montauk 

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


pwalker on PROD1PC71 with BILLS
23 

•HR 1495 RH

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

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

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

4 (35) HOCKING RIVER, MONDAY CREEK SUB5 BASIN, OHIO.—The project for environmental restora6 tion, Hocking River, Monday Creek Sub-basin, Ohio: 

7 Report of the Chief of Engineers dated August 24, 

8 2006, at a total cost of $20,980,000, with an esti9 mated Federal cost of $13,440,000 and an estimated 

10 non-Federal cost of $7,540,000. 

11 (36) TOWN OF BLOOMSBURG, COLUMBIA COUNTY, 

12 PENNSYLVANIA.—The project for flood damage reduc13 tion, town of Bloomsburg, Columbia County, Pennsyl14 vania: Report of the Chief of Engineers dated Janu15 ary 25, 2006, at a total cost of $44,500,000, with an 

16 estimated Federal cost of $28,925,000 and an esti17 mated non-Federal cost of $15,575,000. 

18 (37) PAWLEY’S ISLAND, SOUTH CAROLINA.—The 

19 project for hurricane and storm damage reduction, 

20 Pawley’s Island, South Carolina, Report of the Chief 

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

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

23 $5,840,000 and an estimated non-Federal cost of 

24 $3,140,000, and at an estimated total cost of 

25 $21,200,000 for periodic nourishment over the 50-year 


pwalker on PROD1PC71 with BILLS
24 

•HR 1495 RH

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

2 $10,600,000 and an estimated non-Federal cost of 

3 $10,600,000. 

4 (38) CORPUS CHRISTI SHIP CHANNEL, CORPUS

5 CHRISTI, TEXAS.—The project for navigation and eco6 system restoration, Corpus Christi Ship Channel, 

7 Texas: Report of the Chief of Engineers dated June 2, 

8 2003, at a total cost of $188,110,000, with an esti9 mated Federal cost of $87,810,000 and an estimated 

10 non-Federal cost of $100,300,000. 

11 (39) GULF INTRACOASTAL WATERWAY, 

12 MATAGORDA BAY RE-ROUTE, TEXAS.—The project for 

13 navigation, Gulf Intracoastal Waterway, Matagorda 

14 Bay Re-Route, Texas: Report of the Chief of Engi15 neers dated December 24, 2002, at a total cost of 

16 $17,280,000. The costs of construction of the project 

are to be paid 1 17 ⁄2 from amounts appropriated from 

the general fund of the Treasury and 1 18 ⁄2 from 

19 amounts appropriated from the Inland Waterways 

20 Trust Fund. 

21 (40) GULF INTRACOASTAL WATERWAY, HIGH IS22 LAND TO BRAZOS RIVER, TEXAS.—The project for 

23 navigation, Gulf Intracoastal Waterway, High Island 

24 to Brazos River, Texas: Report of the Chief of Engi25 neers dated April 16, 2004, at a total cost of 


pwalker on PROD1PC71 with BILLS
25 

•HR 1495 RH

1 $14,450,000. 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 (41) LOWER COLORADO RIVER BASIN PHASE I, 

7 TEXAS.—The project for flood damage reduction and 

8 environmental restoration, Lower Colorado River 

9 Basin Phase I, Texas, Report of the Chief of Engi10 neers dated December 31, 2006, at a total cost of 

11 $110,730,000, with an estimated Federal cost of 

12 $69,640,000 and an estimated non-Federal cost of 

13 $41,090,000. 

14 (42) ATLANTIC INTRACOASTAL WATERWAY

15 BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE, 

16 VIRGINIA.—The project for Atlantic Intracoastal Wa17 terway Bridge Replacement, Deep Creek, Chesapeake, 

18 Virginia: Report of the Chief of Engineers dated 

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

20 (43) CRANEY ISLAND EASTWARD EXPANSION, 

21 NORFOLK HARBOR AND CHANNELS, VIRGINIA.—The 

22 project for navigation, Craney Island Eastward Ex23 pansion, Norfolk Harbor and Channels, Virginia: Re24 port of Chief of Engineers dated October 24, 2006, at 

25 a total cost of $712,103,000, with an estimated FedVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
26 

•HR 1495 RH

1 eral cost of $31,229,000 and an estimated non-Fed2 eral cost of $680,874,000. 

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

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

6 study for each of the following projects and, if the Secretary 

7 determines that a project is feasible, may carry out the 

8 project under section 205 of the Flood Control Act of 1948 

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

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

11 damage reduction, Haleyville, Alabama. 

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

13 damage reduction, Weiss Lake, Alabama. 

14 (3) LITTLE COLORADO RIVER LEVEE, ARIZONA.— 

15 Project for flood damage reduction, Little Colorado 

16 River Levee, Arizona. 

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

18 Project for flood damage reduction, Cache River 

19 Basin, Grubbs, Arkansas. 

20 (5) BARREL SPRINGS WASH, PALMDALE, CALI21 FORNIA.—Project for flood damage reduction, Barrel 

22 Springs Wash, Palmdale, California. 

23 (6) BORREGO SPRINGS, CALIFORNIA.—Project for 

24 flood damage reduction, Borrego Springs, California. 


pwalker on PROD1PC71 with BILLS
27 

•HR 1495 RH

1 (7) COLTON, CALIFORNIA.—Project for flood 

2 damage reduction, Colton, California. 

3 (8) DUNLAP STREAM, YUCAIPA, CALIFORNIA.— 

4 Project for flood damage reduction, Dunlap Stream, 

5 Yucaipa, California. 

6 (9) HUNTS CANYON WASH, PALMDALE, CALI7 FORNIA.—Project for flood damage reduction, Hunts 

8 Canyon Wash, Palmdale, California. 

9 (10) ONTARIO AND CHINO, CALIFORNIA.—Project 

10 for flood damage reduction, Ontario and Chino, Cali11 fornia. 

12 (11) SANTA VENETIA, CALIFORNIA.—Project for 

13 flood damage reduction, Santa Venetia, California. 

14 (12) WHITTIER, CALIFORNIA.—Project for flood 

15 damage reduction, Whittier, California. 

16 (13) WILDWOOD CREEK, YUCAIPA, CALIFORNIA.— 

17 Project for flood damage reduction, Wildwood Creek, 

18 Yucaipa, California. 

19 (14) ST. FRANCISVILLE, LOUSIANA.—Project for 

20 flood damage reduction, St. Francisville, Louisiana. 

21 (15) SALEM, MASSACHUSETTS.—Project for flood 

22 damage reduction, Salem, Massachusetts. 

23 (16) CASS RIVER, MICHIGAN.—Project for flood 

24 damage reduction, Cass River, Vassar and vicinity, 

25 Michigan. 


pwalker on PROD1PC71 with BILLS
28 

•HR 1495 RH

1 (17) CROW RIVER, ROCKFORD, MINNESOTA.— 

2 Project for flood damage reduction, Crow River, Rock3 ford, Minnesota. 

4 (18) MARSH CREEK, MINNESOTA.—Project for 

5 flood damage reduction, Marsh Creek, Minnesota. 

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

7 BORUP, MINNESOTA.—Project for flood damage reduc8 tion, South Branch of the Wild Rice River, Borup, 

9 Minnesota. 

10 (20) BLACKSNAKE CREEK, ST. JOSEPH, MIS11 SOURI.—Project for flood damage reduction, Black12 snake Creek, St. Joseph, Missouri. 

13 (21) ACID BROOK, POMPTON LAKES, NEW JER14 SEY.—Project for flood damage reduction, Acid Brook, 

15 Pompton Lakes, New Jersey. 

16 (22) CANNISTEO RIVER, ADDISON, NEW YORK.— 

17 Project for flood damage reduction, Cannisteo River, 

18 Addison, New York. 

19 (23) COHOCTON RIVER, CAMPBELL, NEW YORK.— 

20 Project for flood damage reduction, Cohocton River, 

21 Campbell, New York. 

22 (24) DRY AND OTTER CREEKS, CORTLAND, NEW

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

24 Otter Creeks, Cortland, New York. 


pwalker on PROD1PC71 with BILLS
29 

•HR 1495 RH

1 (25) EAST RIVER, SILVER BEACH, NEW YORK

2 CITY, NEW YORK.—Project for flood damage reduction, 

3 East River, Silver Beach, New York City, New York. 

4 (26) EAST VALLEY CREEK, ANDOVER, NEW

5 YORK.—Project for flood damage reduction, East Val6 ley Creek, Andover, New York. 

7 (27) SUNNYSIDE BROOK, WESTCHESTER COUNTY, 

8 NEW YORK.—Project for flood damage reduction, Sun9 nyside Brook, Westchester County, New York. 

10 (28) LITTLE YANKEE RUN, OHIO.—Project for 

11 flood damage reduction, Little Yankee Run, Ohio. 

12 (29) LITTLE NESHAMINY CREEK, WARRENTON, 

13 PENNSYLVANIA.—Project for flood damage reduction, 

14 Little Neshaminy Creek, Warrenton, Pennsylvania. 

15 (30) SOUTHAMPTON CREEK WATERSHED, SOUTH16 AMPTON, PENNSYLVANIA.—Project for flood damage 

17 reduction, Southampton Creek watershed, South18 ampton, Pennsylvania. 

19 (31) SPRING CREEK, LOWER MACUNGIE TOWN20 SHIP, PENNSYLVANIA.—Project for flood damage re21 duction, Spring Creek, Lower Macungie Township, 

22 Pennsylvania. 

23 (32) YARDLEY AQUEDUCT, SILVER AND BROCK

24 CREEKS, YARDLEY, PENNSYLVANIA.—Project for flood 


pwalker on PROD1PC71 with BILLS
30 

•HR 1495 RH

1 damage reduction, Yardley Aqueduct, Silver and 

2 Brock Creeks, Yardley, Pennsylvania. 

3 (33) SURFSIDE BEACH, SOUTH CAROLINA.— 

4 Project for flood damage reduction, Surfside Beach 

5 and vicinity, South Carolina. 

6 (34) CONGELOSI DITCH, MISSOURI CITY, 

7 TEXAS.—Project for flood damage reduction, 

8 Congelosi Ditch, Missouri City, Texas. 

9 (35) DILLEY, TEXAS.—Project for flood damage 

10 reduction, Dilley, Texas. 

11 (b) SPECIAL RULES.— 

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

13 The Secretary may proceed with the project for the 

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

15 subsection (a), notwithstanding that the project is lo16 cated within the boundaries of the flood control 

17 project, Cache River Basin, Arkansas and Missouri, 

18 authorized by section 204 of the Flood Control Act of 

19 1950, (64 Stat. 172) and modified by section 99 of the 

20 Water Resources Development Act of 1974 (88 Stat. 

21 41). 

22 (2) ONTARIO AND CHINO, CALIFORNIA.—The Sec23 retary shall carry out the project for flood damage re24 duction, Ontario and Chino, California, referred to in 


pwalker on PROD1PC71 with BILLS
31 

•HR 1495 RH

1 subsection (a) if the Secretary determines that the 

2 project is feasible. 

3 (3) SANTA VENETIA, CALIFORNIA.—The Sec4 retary shall carry out the project for flood damage re5 duction, Santa Venetia, California, referred to in sub6 section (a) if the Secretary determines that the project 

7 is feasible and shall allow the non-Federal interest to 

8 participate in the financing of the project in accord9 ance with section 903(c) of the Water Resources De10 velopment Act of 1986 (100 Stat. 4184) to the extent 

11 that the Secretary’s evaluation indicates that apply12 ing such section is necessary to implement the project. 

13 (4) WHITTIER, CALIFORNIA.—The Secretary 

14 shall carry out the project for flood damage reduction, 

15 Whittier, California, referred to in subsection (a) if 

16 the Secretary determines that the project is feasible. 

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

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

19 flood damage reduction, South Branch of the Wild 

20 Rice River, Borup, Minnesota, referred to in sub21 section (a) the Secretary may consider national eco22 system restoration benefits in determining the Federal 

23 interest in the project and shall allow the non-Federal 

24 interest to participate in the financing of the project 

25 in accordance with section 903(c) of the Water ReVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
32 

•HR 1495 RH

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

2 the extent that the Secretary’s evaluation indicates 

3 that applying such section is necessary to implement 

4 the project. 

5 (6) ACID BROOK, POMPTON LAKES, NEW JER6 SEY.—The Secretary shall carry out the project for 

7 flood damage reduction, Acid Brook, Pompton Lakes, 

8 New Jersey, referred to in subsection (a) if the Sec9 retary determines that the project is feasible. 

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

11 out the project for flood damage reduction, Dilley, 

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

13 determines that the project is feasible. 

14 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

15 STREAMBANK PROTECTION. 

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 14 of the Flood Control Act of 1946 (33 U.S.C. 701r): 

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

21 COUNTY, FLORIDA.—Project for emergency streambank 

22 protection, St. Johns Bluff Training Wall, Duval 

23 County, Florida. 

24 (2) GULF INTRACOASTAL WATERWAY, IBERVILLE

25 PARISH, LOUISIANA.—Projects for emergency 


pwalker on PROD1PC71 with BILLS
33 

•HR 1495 RH

1 streambank restoration, Gulf Intracoastal Waterway, 

2 Iberville Parish, Louisiana. 

3 (3) OUACHITA AND BLACK RIVERS, ARKANSAS

4 AND LOUISIANA.—Projects for emergency streambank 

5 protection, Ouachita and Black Rivers, Arkansas and 

6 Louisiana. 

7 (4) PINEY POINT LIGHTHOUSE, ST. MARY’S

8 COUNTY, MARYLAND.—Project for emergency 

9 streambank protection, Piney Point Lighthouse, St. 

10 Mary’s County, Maryland. 

11 (5) PUG HOLE LAKE, MINNESOTA.—Project for 

12 emergency streambank protection, Pug Hole Lake, 

13 Minnesota. 

14 (6) MIDDLE FORK GRAND RIVER, GENTRY COUN15 TY, MISSOURI.—Project for emergency streambank 

16 protection, Middle Fork Grand River, Gentry County, 

17 Missouri. 

18 (7) PLATTE RIVER, PLATTE CITY, MISSOURI.— 

19 Project for emergency streambank protection, Platte 

20 River, Platte City, Missouri. 

21 (8) RUSH CREEK, PARKVILLE, MISSOURI.— 

22 Project for emergency streambank protection, Rush 

23 Creek, Parkville, Missouri, including measures to ad24 dress degradation of the creek bed. 


pwalker on PROD1PC71 with BILLS
34 

•HR 1495 RH

1 (9) DRY AND OTTER CREEKS, CORTLAND COUN2 TY, NEW YORK.—Project for emergency streambank 

3 protection, Dry and Otter Creeks, Cortland County, 

4 New York. 

5 (10) KEUKA LAKE, HAMMONDSPORT, NEW

6 YORK.—Project for emergency streambank protection, 

7 Keuka Lake, Hammondsport, New York. 

8 (11) KOWAWESE UNIQUE AREA AND HUDSON

9 RIVER, NEW WINDSOR, NEW YORK.—Project for emer10 gency streambank protection, Kowawese Unique Area 

11 and Hudson River, New Windsor, New York. 

12 (12) OWEGO CREEK, TIOGA COUNTY, NEW

13 YORK.—Project for emergency streambank protection, 

14 Owego Creek, Tioga County, New York. 

15 (13) HOWARD ROAD OUTFALL, SHELBY COUNTY, 

16 TENNESSEE.—Project for emergency streambank pro17 tection, Howard Road outfall, Shelby County, Ten18 nessee. 

19 (14) MITCH FARM DITCH AND LATERAL D, SHEL20 BY COUNTY, TENNESSEE.—Project for emergency 

21 streambank protection, Mitch Farm Ditch and Lat22 eral D, Shelby County, Tennessee. 

23 (15) WOLF RIVER TRIBUTARIES, SHELBY COUN24 TY, TENNESSEE.—Project for emergency streambank 


pwalker on PROD1PC71 with BILLS
35 

•HR 1495 RH

1 protection, Wolf River tributaries, Shelby County, 

2 Tennessee. 

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

4 Project for emergency streambank protection, Johnson 

5 Creek, Arlington, Texas. 

6 (17) WELLS RIVER, NEWBURY, VERMONT.— 

7 Project for emergency streambank protection, Wells 

8 River, Newbury, Vermont. 

9 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

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

11 study for each of the following projects and, if the Secretary 

12 determines that a project is feasible, may carry out the 

13 project under section 107 of the River and Harbor Act of 

14 1960 (33 U.S.C. 577): 

15 (1) MISSISSIPPI RIVER SHIP CHANNEL, LOU16 ISIANA.—Project for navigation, Mississippi River 

17 Ship Channel, Louisiana. 

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

19 MASSACHUSETTS.—Project for navigation, East 

20 Basin, Cape Cod Canal, Sandwich, Massachusetts. 

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

22 Project for navigation, Lynn Harbor, Lynn, Massa23 chusetts. 


pwalker on PROD1PC71 with BILLS
36 

•HR 1495 RH

1 (4) MERRIMACK RIVER, HAVERHILL, MASSACHU2 SETTS.—Project for navigation, Merrimack River, 

3 Haverhill, Massachusetts. 

4 (5) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA5 CHUSETTS.—Project for navigation, Oak Bluffs Har6 bor, Oak Bluffs, Massachusetts. 

7 (6) WOODS HOLE GREAT HARBOR, FALMOUTH, 

8 MASSACHUSETTS.—Project for navigation, Woods 

9 Hole Great Harbor, Falmouth, Massachusetts. 

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

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

12 Michigan. 

13 (8) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

14 MICHIGAN.—Project for navigation, Traverse City 

15 Harbor, Traverse City, Michigan. 

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

17 Project for navigation, Tower Harbor, Tower, Min18 nesota. 

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

20 Project for navigation, Olcott Harbor, Olcott, New 

21 York. 

22 (b) SPECIAL RULES.— 

23 (1) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

24 MICHIGAN.—The Secretary shall review the locally 

25 prepared plan for the project for navigation, Traverse 


pwalker on PROD1PC71 with BILLS
37 

•HR 1495 RH

1 City Harbor, Michigan, referred to in subsection (a), 

2 and, if the Secretary determines that the plan meets 

3 the evaluation and design standards of the Corps of 

4 Engineers and that the plan is feasible, the Secretary 

5 may use the plan to carry out the project and shall 

6 provide credit toward the non-Federal share of the 

7 cost of the project for the cost of work carried out by 

8 the non-Federal interest before the date of the partner9 ship agreement for the project if the Secretary deter10 mines that the work is integral to the project. 

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

12 Secretary shall carry out the project for navigation, 

13 Tower Harbor, Tower, Minnesota, referred to in sub14 section (a) if the Secretary determines that the project 

15 is feasible. 

16 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

17 QUALITY OF THE ENVIRONMENT. 

18 The Secretary shall conduct a study for each of the 

19 following projects and, if the Secretary determines that a 

20 project is appropriate, may carry out the project under sec21 tion 1135 of the Water Resources Development Act of 1986 

22 (33 U.S.C. 2309a): 

23 (1) BALLONA CREEK, LOS ANGELES COUNTY, 

24 CALIFORNIA.—Project for improvement of the quality 


pwalker on PROD1PC71 with BILLS
38 

•HR 1495 RH

1 of the environment, Ballona Creek, Los Angeles Coun2 ty, California. 

3 (2) BALLONA LAGOON TIDE GATES, MARINA DEL

4 REY, CALIFORNIA.—Project for improvement of the 

5 quality of the environment, Ballona Lagoon Tide 

6 Gates, Marina Del Rey, California. 

7 (3) FT. GEORGE INLET, DUVAL COUNTY, FLOR8 IDA.—Project for improvement of the quality of the 

9 environment, Ft. George Inlet, Duval County, Flor10 ida. 

11 (4) RATHBUN LAKE, IOWA.—Project for improve12 ment of the quality of the environment, Rathbun 

13 Lake, Iowa. 

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

15 improvement of the quality of the environment, 

16 Smithville Lake, Missouri. 

17 (6) DELAWARE BAY, NEW JERSEY AND DELA18 WARE.—Project for improvement of the quality of the 

19 environment, Delaware Bay, New Jersey and Dela20 ware, for the purpose of oyster restoration. 

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

22 Project for improvement of the quality of the environ23 ment, Tioga-Hammond Lakes, Pennsylvania. 


pwalker on PROD1PC71 with BILLS
39 

•HR 1495 RH

1 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

2 RESTORATION. 

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

4 study for each of the following projects and, if the Secretary 

5 determines that a project is appropriate, may carry out the 

6 project under section 206 of the Water Resources Develop7 ment Act of 1996 (33 U.S.C. 2330): 

8 (1) CYPRESS CREEK, MONTGOMERY, ALABAMA.— 

9 Project for aquatic ecosystem restoration, Cypress 

10 Creek, Montgomery, Alabama. 

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

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

13 of the Chignik watershed. 

14 (3) BEN LOMOND DAM, SANTA CRUZ, CALI15 FORNIA.—Project for aquatic ecosystem restoration, 

16 Ben Lomond Dam, Santa Cruz, California. 

17 (4) DOCKWEILER BLUFFS, LOS ANGELES COUN18 TY, CALIFORNIA.—Project for aquatic ecosystem res19 toration, Dockweiler Bluffs, Los Angeles County, Cali20 fornia. 

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

22 aquatic ecosystem restoration, Salt River, California. 

23 (6) SANTA ROSA CREEK, SANTA ROSA, CALI24 FORNIA.—Project for aquatic ecosystem restoration, 

25 Santa Rosa Creek in the vicinity of the Prince Memo26 rial Greenway, Santa Rosa, California. 


pwalker on PROD1PC71 with BILLS
40 

•HR 1495 RH

1 (7) STOCKTON DEEP WATER SHIP CHANNEL AND

2 LOWER SAN JOAQUIN RIVER, CALIFORNIA.—Project for 

3 aquatic ecosystem restoration, Stockton Deep Water 

4 Ship Channel and lower San Joaquin River, Cali5 fornia. 

6 (8) SWEETWATER RESERVOIR, SAN DIEGO COUN7 TY, CALIFORNIA.—Project for aquatic ecosystem res8 toration, Sweetwater Reservoir, San Diego County, 

9 California, including efforts to address aquatic nui10 sance species. 

11 (9) BISCAYNE BAY, FLORIDA.—Project for aquat12 ic ecosystem restoration, Biscayne Bay, Key Bis13 cayne, Florida. 

14 (10) CLAM BAYOU AND DINKINS BAYOU, SANIBEL

15 ISLAND, FLORIDA.—Project for aquatic ecosystem res16 toration, Clam Bayou and Dinkins Bayou, Sanibel 

17 Island, Florida. 

18 (11) CHATTAHOOCHEE FALL LINE, GEORGIA AND

19 ALABAMA.—Project for aquatic ecosystem restoration, 

20 Chattahoochee Fall Line, Georgia and Alabama. 

21 (12) LONGWOOD COVE, GAINESVILLE, GEOR22 GIA.—Project for aquatic ecosystem restoration, 

23 Longwood Cove, Gainesville, Georgia. 


pwalker on PROD1PC71 with BILLS
41 

•HR 1495 RH

1 (13) CITY PARK, UNIVERSITY LAKES, LOU2 ISIANA.—Project for aquatic ecosystem restoration, 

3 City Park, University Lakes, Louisiana. 

4 (14) MILL POND, LITTLETON, MASSACHU5 SETTS.—Project for aquatic ecosystem restoration, 

6 Mill Pond, Littleton, Massachusetts. 

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

9 Pine Tree Brook, Milton, Massachusetts. 

10 (16) RUSH LAKE, MINNESOTA.—Project for 

11 aquatic ecosystem restoration, Rush Lake, Minnesota. 

12 (17) SOUTH FORK OF THE CROW RIVER, HUTCH13 INSON, MINNESOTA.—Project for aquatic ecosystem 

14 restoration, South Fork of the Crow River, Hutch15 inson, Minnesota. 

16 (18) ST. LOUIS, MISSOURI.—Project for aquatic 

17 ecosystem restoration, St. Louis, Missouri. 

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

19 for aquatic ecosystem restoration, Truckee River, 

20 Reno, Nevada, including features for fish passage for 

21 Washoe County. 

22 (20) GROVER’S MILL POND, NEW JERSEY.— 

23 Project for aquatic ecosystem restoration, Grover’s 

24 Mill Pond, New Jersey. 


pwalker on PROD1PC71 with BILLS
42 

•HR 1495 RH

1 (21) DUGWAY CREEK, BRATENAHL, OHIO.— 

2 Project for aquatic ecosystem restoration, Dugway 

3 Creek, Bratenahl, Ohio. 

4 (22) JOHNSON CREEK, GRESHAM, OREGON.— 

5 Project for aquatic ecosystem restoration, Johnson 

6 Creek, Gresham, Oregon. 

7 (23) BEAVER CREEK, BEAVER AND SALEM, PENN8 SYLVANIA.—Project for aquatic ecosystem restoration, 

9 Beaver Creek, Beaver and Salem, Pennsylvania. 

10 (24) CEMENTON DAM, LEHIGH RIVER, PENNSYL11 VANIA.—Project for aquatic ecosystem restoration, 

12 Cementon Dam, Lehigh River, Pennsylvania. 

13 (25) SAUCON CREEK, NORTHAMPTON COUNTY, 

14 PENNSYLVANIA.—Project for aquatic ecosystem res15 toration, Saucon Creek, Northampton County, Penn16 sylvania. 

17 (26) BLACKSTONE RIVER, RHODE ISLAND.— 

18 Project for aquatic ecosystem restoration, Blackstone 

19 River, Rhode Island. 

20 (27) WILSON BRANCH, CHERAW, SOUTH CARO21 LINA.—Project for aquatic ecosystem restoration, Wil22 son Branch, Cheraw, South Carolina. 

23 (28) WHITE RIVER, BETHEL, VERMONT.—Project 

24 for aquatic ecosystem restoration, White River, Bethel, 

25 Vermont. 


pwalker on PROD1PC71 with BILLS
43 

•HR 1495 RH

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

2 project for aquatic ecosystem restoration, Black Lake, Alas3 ka referred to in subsection (a) if the Secretary determines 

4 that the project is feasible. 

5 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION. 

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 3 of the Act entitled ‘‘An Act authorizing Federal participa10 tion in the cost of protecting the shores of publicly owned 

11 property’’, approved August 13, 1946 (33 U.S.C. 426g): 

12 (1) NELSON LAGOON, ALASKA.—Project for shore13 line protection, Nelson Lagoon, Alaska. 

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

15 shoreline protection, Sanibel Island, Florida. 

16 (3) APRA HARBOR, GUAM.—Project for shoreline 

17 protection, Apra Harbor, Guam. 

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

19 shoreline protection, Piti, Cabras Island, Guam. 

20 (5) NARROWS AND GRAVESEND BAY, UPPER NEW

21 YORK BAY, BROOKLYN, NEW YORK.—Project for shore22 line protection in the vicinity of the confluence of the 

23 Narrows and Gravesend Bay, Upper New York Bay, 

24 Shore Parkway Greenway, Brooklyn, New York. 


pwalker on PROD1PC71 with BILLS
44 

•HR 1495 RH

1 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

2 SHIPYARD, PENNSYLVANIA.—Project for shoreline pro3 tection, Delaware River in the vicinity of the Phila4 delphia Naval Shipyard, Pennsylvania. 

5 (7) PORT ARANSAS, TEXAS.—Project for shoreline 

6 protection, Port Aransas, Texas. 

7 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI8 MENT REMOVAL. 

9 The Secretary shall conduct a study for the following 

10 project and, if the Secretary determines that the project is 

11 feasible, the Secretary may carry out the project under sec12 tion 2 of the Flood Control Act of August 28, 1937 (33 

13 U.S.C. 701g): Project for removal of snags and clearing and 

14 straightening of channels for flood control, Kowawese 

15 Unique Area and Hudson River, New Windsor, New York. 

16 TITLE II—GENERAL PROVISIONS 

17 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

18 Section 103 of the Water Resources Development Act 

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

20 the following: 

21 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 

22 ‘‘(1) PROHIBITION ON SOLICITATION OF EXCESS

23 CONTRIBUTIONS.—The Secretary may not— 

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

25 interests for costs of constructing authorized 


pwalker on PROD1PC71 with BILLS
45 

•HR 1495 RH

1 water resources projects or measures in excess of 

2 the non-Federal share assigned to the appro3 priate project purposes listed in subsections (a), 

4 (b), and (c); or 

5 ‘‘(B) condition Federal participation in 

6 such projects or measures on the receipt of such 

7 contributions. 

8 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in this subsection shall be construed 

10 to affect the Secretary’s authority under section 

11 903(c).’’. 

12 SEC. 2002. HARBOR COST SHARING. 

13 (a) PAYMENTS DURING CONSTRUCTION.—Section 

14 101(a)(1) of the Water Resources Development Act of 1986 

15 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended in each 

16 of subparagraphs (B) and (C) by striking ‘‘45 feet’’ and 

17 inserting ‘‘53 feet’’. 

18 (b) OPERATION AND MAINTENANCE.—Section 

19 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

21 (c) DEFINITIONS.—Section 214 of such Act (33 U.S.C. 

22 2241; 100 Stat. 4108) is amended in each of paragraphs 

23 (1) and (3) by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 

24 (d) APPLICABILITY.—The amendments made by sub25 sections (a), (b), and (c) shall apply only to a project, or 


pwalker on PROD1PC71 with BILLS
46 

•HR 1495 RH

1 separable element of a project, on which a contract for phys2 ical construction has not been awarded before October 1, 

3 2003. 

4 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

5 Secretary shall revise any partnership agreement entered 

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

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

8 to take into account the change in non-Federal participa9 tion in the project as a result of such amendments. 

10 SEC. 2003. FUNDING TO PROCESS PERMITS. 

11 Section 214(c) of the Water Resources Development Act 

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

13 1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197) is 

14 amended by striking ‘‘2008’’ and inserting ‘‘2010’’. 

15 SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE16 VELOPMENT AND DEMONSTRATION PRO17 GRAM. 

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

19 entitled ‘‘An Act authorizing Federal participation in the 

20 cost of protecting the shores of publicly owned property’’, 

21 approved August 13, 1946 (33 U.S.C. 426h(a)), is amended 

22 by striking ‘‘7 years’’ and inserting ‘‘10 years’’. 

23 (b) EXTENSION OF PLANNING, DESIGN, AND CON24 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 


pwalker on PROD1PC71 with BILLS
47 

•HR 1495 RH

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

2 and inserting ‘‘6 years’’. 

3 (c) COST SHARING; REMOVAL OF PROJECTS.—Section 

4 5(b) of such Act (33 U.S.C. 426h(b)) is amended— 

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

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

7 (2) by inserting after paragraph (2) the fol8 lowing: 

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

10 into a cost sharing agreement with a non-Federal in11 terest to carry out a project, or a phase of a project, 

12 under the erosion control program in cooperation 

13 with the non-Federal interest. 

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

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

16 project, or an element of a project, constructed under 

17 the erosion control program if the Secretary deter18 mines during the term of the program that the project 

19 or element is detrimental to the environment, private 

20 property, or public safety.’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended by 

23 striking ‘‘$25,000,000’’ and inserting ‘‘$31,000,000’’. 


pwalker on PROD1PC71 with BILLS
48 

•HR 1495 RH

1 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

2 PROTECTION PROJECTS. 

3 Section 3 of the Act entitled ‘‘An Act authorizing Fed4 eral participation in the cost of protecting the shores of pub5 licly owned property’’, approved August 13, 1946 (33 

6 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ and in7 serting ‘‘$5,000,000’’. 

8 SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. 

9 Section 206(e) of the Water Resources Development Act 

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

11 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 

12 SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

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

14 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and in15 serting ‘‘$60,000,000’’. 

16 SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVE17 MENT OF THE QUALITY OF THE ENVIRON18 MENT. 

19 Section 1135(h) of the Water Resources Development 

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

21 ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 

22 SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES 

23 PROJECTS. 

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

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


pwalker on PROD1PC71 with BILLS
49 

•HR 1495 RH

1 (1) by striking ‘‘SEC. 221’’ and inserting the fol2 lowing: 

3 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

4 WATER RESOURCES PROJECTS.’’; 

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

6 following: 

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

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

9 construction of any water resources project, or an ac10 ceptable separable element thereof, by the Secretary of 

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

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

13 reimbursed for such construction under any provision 

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

15 interest has entered into a written partnership agree16 ment with the Secretary (or, where appropriate, the 

17 district engineer for the district in which the project 

18 will be carried out) under which each party agrees to 

19 carry out its responsibilities and requirements for im20 plementation or construction of the project or the ap21 propriate element of the project, as the case may be; 

22 except that no such agreement shall be required if the 

23 Secretary determines that the administrative costs as24 sociated with negotiating, executing, or administering 

25 the agreement would exceed the amount of the conVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
50 

•HR 1495 RH

1 tribution required from the non-Federal interest and 

2 are less than $25,000. 

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

4 agreement described in paragraph (1) may include a 

5 provision for liquidated damages in the event of a 

6 failure of one or more parties to perform. 

7 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA8 TIONS.—In any partnership agreement described in 

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

10 politic of the State which derives its powers from the 

11 State constitution, or a governmental entity created 

12 by the State legislature, the agreement may reflect 

13 that it does not obligate future appropriations for 

14 such performance and payment when obligating fu15 ture appropriations would be inconsistent with con16 stitutional or statutory limitations of the State or a 

17 political subdivision of the State. 

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

19 ‘‘(A) IN GENERAL.—A partnership agree20 ment described in paragraph (1) may provide 

21 with respect to a project that the Secretary shall 

22 credit toward the non-Federal share of the cost of 

23 the project, including a project implemented 

24 without specific authorization in law, the value 


pwalker on PROD1PC71 with BILLS
51 

•HR 1495 RH

1 of in-kind contributions made by the non-Fed2 eral interest, including— 

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

4 data collection), design, management, miti5 gation, construction, and construction serv6 ices that are provided by the non-Federal 

7 interest for implementation of the project; 

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

9 provided before execution of the partnership 

10 agreement, including efforts on constructed 

11 elements incorporated into the project; and 

12 ‘‘(iii) the value of materials and serv13 ices provided after execution of the partner14 ship agreement. 

15 ‘‘(B) CONDITION.—The Secretary shall cred16 it an in-kind contribution under subparagraph 

17 (A) if the Secretary determines that the material 

18 or service provided as an in-kind contribution is 

19 integral to the project. 

20 ‘‘(C) WORK PERFORMED BEFORE PARTNER21 SHIP AGREEMENT.—In any case in which the 

22 non-Federal interest is to receive credit under 

23 subparagraph (A)(ii) for the cost of work carried 

24 out by the non-Federal interest and such work 

25 has not been carried out as of the date of enactVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
52 

•HR 1495 RH

1 ment of this subparagraph, the Secretary and the 

2 non-Federal interest shall enter into an agree3 ment under which the non-Federal interest shall 

4 carry out such work, and only work carried out 

5 following the execution of the agreement shall be 

6 eligible for credit. 

7 ‘‘(D) LIMITATIONS.—Credit authorized 

8 under this paragraph for a project— 

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

10 share of the cost of the project; 

11 ‘‘(ii) shall not alter any other require12 ment that a non-Federal interest provide 

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

14 for disposal of dredged material for the 

15 project; 

16 ‘‘(iii) shall not alter any requirement 

17 that a non-Federal interest pay a portion of 

18 the costs of construction of the project under 

19 sections 101 and 103 of the Water Resources 

20 Development Act of 1986 (33 U.S.C. 2211; 

21 33 U.S.C. 2213); and 

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

23 reasonable costs of the materials, services, or 

24 other things provided by the non-Federal in25 terest, as determined by the Secretary. 


pwalker on PROD1PC71 with BILLS
53 

•HR 1495 RH

1 ‘‘(E) APPLICABILITY.— 

2 ‘‘(i) IN GENERAL.—This paragraph 

3 shall apply to water resources projects au4 thorized after November 16, 1986, including 

5 projects initiated after November 16, 1986, 

6 without specific authorization in law. 

7 ‘‘(ii) LIMITATION.—In any case in 

8 which a specific provision of law provides 

9 for a non-Federal interest to receive credit 

10 toward the non-Federal share of the cost of 

11 a study for, or construction or operation 

12 and maintenance of, a water resources 

13 project, the specific provision of law shall 

14 apply instead of this paragraph.’’. 

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

16 Act is amended to read as follows: 

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

18 term ‘non-Federal interest’ means a legally constituted pub19 lic body (including a federally recognized Indian tribe), and 

20 a nonprofit entity with the consent of the affected local gov21 ernment, that has full authority and capability to perform 

22 the terms of its agreement and to pay damages, if necessary, 

23 in the event of failure to perform.’’. 

24 (c) PROGRAM ADMINISTRATION.—Section 221 of such 

25 Act is further amended— 


pwalker on PROD1PC71 with BILLS
54 

•HR 1495 RH

1 (1) by redesignating subsection (e) as subsection 

2 (h); and 

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

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

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

7 guidelines for partnership agreements that delegate to the 

8 district engineers, at a minimum— 

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

10 partnership agreement that has appeared in an agree11 ment previously approved by the Secretary; 

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

13 partnership agreement the specific terms of which are 

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

15 environmental impact statement, or other final deci16 sion document for a water resources project; 

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

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

20 ‘‘(4) the authority to sign any partnership agree21 ment for any water resources project unless, within 30 

22 days of the date of authorization of the project, the 

23 Secretary notifies the district engineer in which the 

24 project will be carried out that the Secretary wishes 


pwalker on PROD1PC71 with BILLS
55 

•HR 1495 RH

1 to retain the prerogative to sign the partnership 

2 agreement for that project. 

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

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

5 year thereafter, the Secretary shall submit to Congress a 

6 report detailing the following: 

7 ‘‘(1) The number of partnership agreements 

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

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

11 the Secretary, an explanation of why delegation to the 

12 district engineer was not appropriate. 

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

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

15 Engineers shall— 

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

17 available to the public, including on the Internet, all 

18 partnership agreements entered into under this sec19 tion within the preceding 10 years and all partner20 ship agreements for water resources projects currently 

21 being carried out in that district; and 

22 ‘‘(2) make each partnership agreement entered 

23 into after such date of enactment available to the pub24 lic, including on the Internet, not later than 7 days 


pwalker on PROD1PC71 with BILLS
56 

•HR 1495 RH

1 after the date on which such agreement is entered 

2 into.’’. 

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

4 Water Resources Development Act of 1986 (101 Stat. 4190) 

5 is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘shall’’ the first place it ap8 pears and inserting ‘‘may’’; and 

9 (B) by striking the last sentence; and 

10 (2) in paragraph (4)— 

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

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

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

14 imposed under this section,’’; and 

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

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

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

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

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

23 project is located may amend a project partnership agree24 ment entered into on or before such date and under which 

25 construction on the project has not been initiated as of such 


pwalker on PROD1PC71 with BILLS
57 

•HR 1495 RH

1 date of enactment for the purpose of incorporating such 

2 amendments. 

3 (f) PARTNERSHIP AND COOPERATIVE ARRANGEMENTS; 

4 REFERENCES.— 

5 (1) IN GENERAL.—A goal of agreements entered 

6 into under section 221 of the Flood Control Act of 

7 1970 (42 U.S.C. 1962d–5b) shall be to further part8 nership and cooperative arrangements, and the agree9 ments shall be referred to as ‘‘partnership agree10 ments’’. 

11 (2) REFERENCES TO COOPERATION AGREE12 MENTS.—Any reference in a law, regulation, docu13 ment, or other paper of the United States to a ‘‘co14 operation agreement’’ or ‘‘project cooperation agree15 ment’’ shall be deemed to be a reference to a ‘‘partner16 ship agreement’’ or a ‘‘project partnership agree17 ment’’, respectively. 

18 (3) REFERENCES TO PARTNERSHIP AGREE19 MENTS.—Any reference to a ‘‘partnership agreement’’ 

20 or ‘‘project partnership agreement’’ in this Act (other 

21 than this section) shall be deemed to be a reference to 

22 a ‘‘cooperation agreement’’ or a ‘‘project cooperation 

23 agreement’’, respectively. 


pwalker on PROD1PC71 with BILLS
58 

•HR 1495 RH

1 SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, 

2 AND REUSE. 

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

4 and local governments assessment, planning, and design as5 sistance for remediation, environmental restoration, or 

6 reuse of areas located within the boundaries of such State 

7 or local governments where such remediation, environ8 mental restoration, or reuse will contribute to the improve9 ment of water quality or the conservation of water and re10 lated resources of drainage basins and watersheds within 

11 the United States. 

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

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

14 be 50 percent. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

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

18 SEC. 2011. COMPILATION OF LAWS. 

19 (a) COMPILATION OF LAWS ENACTED AFTER NOVEM20 BER 8, 1966.—Not later than one year after the date of 

21 enactment of this Act, the Secretary and the Chief of Engi22 neers shall prepare a compilation of the laws of the United 

23 States relating to the improvement of rivers and harbors, 

24 flood damage reduction, beach and shoreline erosion, hurri25 cane and storm damage reduction, ecosystem and environ26 mental restoration, and other water resources development 


pwalker on PROD1PC71 with BILLS
59 

•HR 1495 RH

1 enacted after November 8, 1966, and before January 1, 

2 2008, and have such compilation printed for the use of the 

3 Department of the Army, Congress, and the general public. 

4 (b) REPRINT OF LAWS ENACTED BEFORE NOVEMBER

5 8, 1966.—The Secretary shall have the volumes containing 

6 the laws referred to in subsection (a) enacted before Novem7 ber 8, 1966, reprinted. 

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

9 each volume compiled, and each volume reprinted, pursuant 

10 to this section. 

11 (d) CONGRESSIONAL COPIES.—Not later than Decem12 ber 1, 2008, the Secretary shall transmit at least 25 copies 

13 of each volume compiled, and of each volume reprinted, pur14 suant to this section to each of the Committee on Transpor15 tation and Infrastructure of the House of Representatives 

16 and the Committee on Environment and Public Works of 

17 the Senate. 

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

19 each volume compiled, and each volume reprinted, pursuant 

20 to this section are available through electronic means, in21 cluding the Internet. 

22 SEC. 2012. DREDGED MATERIAL DISPOSAL. 

23 Section 217 of the Water Resources Development Act 

24 of 1996 (33 U.S.C. 2326a) is amended— 


pwalker on PROD1PC71 with BILLS
60 

•HR 1495 RH

1 (1) by redesignating subsection (c) as subsection 

2 (d); 

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

5 ‘‘(c) DREDGED MATERIAL FACILITY.— 

6 ‘‘(1) IN GENERAL.—The Secretary may enter 

7 into a partnership agreement under section 221 of the 

8 Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with 

9 one or more non-Federal interests with respect to a 

10 water resources project, or group of water resources 

11 projects within a geographic region, if appropriate, 

12 for the acquisition, design, construction, management, 

13 or operation of a dredged material processing, treat14 ment, contaminant reduction, or disposal facility (in15 cluding any facility used to demonstrate potential 

16 beneficial uses of dredged material, which may in17 clude effective sediment contaminant reduction tech18 nologies) using funds provided in whole or in part by 

19 the Federal Government. 

20 ‘‘(2) PERFORMANCE.—One or more of the parties 

21 to a partnership agreement under this subsection may 

22 perform the acquisition, design, construction, manage23 ment, or operation of a dredged material processing, 

24 treatment, contaminant reduction, or disposal facil25 ity. 


pwalker on PROD1PC71 with BILLS
61 

•HR 1495 RH

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

2 which this subsection applies serves to manage 

3 dredged material from multiple water resources 

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

6 projects with appropriate combined costsharing be7 tween the various projects in a partnership agreement 

8 for the facility under this subsection. 

9 ‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES

10 AND COST SHARING.— 

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

12 partnership agreement with respect to a facility 

13 under this subsection shall specify— 

14 ‘‘(i) the Federal funding sources and 

15 combined cost-sharing when applicable to 

16 multiple water resources projects; and 

17 ‘‘(ii) the responsibilities and risks of 

18 each of the parties relating to present and 

19 future dredged material managed by the fa20 cility. 

21 ‘‘(B) MANAGEMENT OF SEDIMENTS.— 

22 ‘‘(i) IN GENERAL.—A partnership 

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

25 maintenance dredging of Federal water reVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
62 

•HR 1495 RH

1 sources projects that do not have partner2 ship agreements. 

3 ‘‘(ii) PAYMENTS.—A partnership 

4 agreement under this subsection may allow 

5 the non-Federal interest to receive reimburs6 able payments from the Federal Government 

7 for commitments made by the non-Federal 

8 interest for disposal or placement capacity 

9 at dredged material processing, treatment, 

10 contaminant reduction, or disposal facili11 ties. 

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

13 under this subsection may allow costs incurred 

14 by the non-Federal interest before execution of 

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

17 Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)). 

18 ‘‘(5) CREDIT.— 

19 ‘‘(A) EFFECT ON EXISTING AGREEMENTS.— 

20 Nothing in this subsection supersedes or modifies 

21 an agreement in effect on the date of enactment 

22 of this paragraph between the Federal Govern23 ment and any non-Federal interest for the cost24 sharing, construction, and operation and main25 tenance of a water resources project. 


pwalker on PROD1PC71 with BILLS
63 

•HR 1495 RH

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

2 approval of the Secretary and in accordance 

3 with law (including regulations and policies) in 

4 effect on the date of enactment of this paragraph, 

5 a non-Federal interest for a water resources 

6 project may receive credit for funds provided for 

7 the acquisition, design, construction, manage8 ment, or operation of a dredged material proc9 essing, treatment, contaminant reduction, or dis10 posal facility to the extent the facility is used to 

11 manage dredged material from the project. 

12 ‘‘(C) NON-FEDERAL INTEREST RESPON13 SIBILITIES.—A non-Federal interest entering 

14 into a partnership agreement under this sub15 section for a facility shall— 

16 ‘‘(i) be responsible for providing all 

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

18 and relocations associated with the facility; 

19 and 

20 ‘‘(ii) receive credit toward the non-Fed21 eral share of the cost of the project with re22 spect to which the agreement is being en23 tered into for those items.’’; and 

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

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


pwalker on PROD1PC71 with BILLS
64 

•HR 1495 RH

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

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

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

4 contaminant reduction, or’’ after ‘‘dredged mate5 rial’’ the first place it appears in each of those 

6 paragraphs. 

7 SEC. 2013. WETLANDS MITIGATION. 

8 In carrying out a water resources project that involves 

9 wetlands mitigation and that has impacts that occur within 

10 the same watershed of a mitigation bank, the Secretary, to 

11 the maximum extent practicable and where appropriate, 

12 shall first consider the use of the mitigation bank if the bank 

13 contains sufficient available credits to offset the impact and 

14 the bank is approved in accordance with the Federal Guid15 ance for the Establishment, Use and Operation of Mitiga16 tion Banks (60 Fed. Reg. 58605) or other applicable Federal 

17 law (including regulations). 

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

19 (a) MITIGATION PLAN CONTENTS.—Section 906(d) of 

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

21 2283(d)) is amended by adding at the end the following: 

22 ‘‘(3) CONTENTS.—A mitigation plan shall in23 clude— 

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

25 be undertaken to achieve the mitigation objectives 


pwalker on PROD1PC71 with BILLS
65 

•HR 1495 RH

1 within the watershed in which such losses occur 

2 and, in any case in which mitigation must take 

3 place outside the watershed, a justification de4 tailing the rationale for undertaking the mitiga5 tion outside of the watershed; 

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

7 in lands to be acquired for mitigation and the 

8 basis for a determination that such lands are 

9 available for acquisition; 

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

11 of the habitat being restored; 

12 ‘‘(D) success criteria for mitigation based 

13 on replacement of lost functions and values of the 

14 habitat, including hydrologic and vegetative 

15 characteristics; and 

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

17 to determine the success of the mitigation, in18 cluding the cost and duration of any monitoring 

19 and, to the extent practicable, the entities respon20 sible for any monitoring. 

21 ‘‘(4) RESPONSIBILITY FOR MONITORING.—In any 

22 case in which it is not practicable to identify in a 

23 mitigation plan for a water resources project, the en24 tity responsible for monitoring at the time of a final 

25 report of the Chief of Engineers or other final decision 


pwalker on PROD1PC71 with BILLS
66 

•HR 1495 RH

1 document for the project, such entity shall be identi2 fied in the partnership agreement entered into with 

3 the non-Federal interest.’’. 

4 (b) STATUS REPORT.— 

5 (1) IN GENERAL.—Concurrent with the Presi6 dent’s submission to Congress of the President’s re7 quest for appropriations for the Civil Works Program 

8 for a fiscal year, the Secretary shall submit to the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on 

11 Environment and Public Works of the Senate a report 

12 on the status of construction of projects that require 

13 mitigation under section 906 of the Water Resources 

14 Development Act of 1986 (33 U.S.C. 2283; 100 Stat. 

15 4186) and the status of such mitigation. 

16 (2) PROJECTS INCLUDED.—The status report 

17 shall include the status of all projects that are under 

18 construction, all projects for which the President re19 quests funding for the next fiscal year, and all 

20 projects that have completed construction, but have 

21 not completed the mitigation required under section 

22 906 of the Water Resources Development Act of 1986. 

23 SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. 

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

25 and navigation improvements, the Secretary may recVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
67 

•HR 1495 RH

1 ommend a project without the need to demonstrate that the 

2 project is justified solely by national economic development 

3 benefits if the Secretary determines that— 

4 (1)(A) the community to be served by the project 

5 is at least 70 miles from the nearest surface accessible 

6 commercial port and has no direct rail or highway 

7 link to another community served by a surface acces8 sible port or harbor; or 

9 (B) the project would be located in the Common10 wealth of Puerto Rico, Guam, the Commonwealth of 

11 the Northern Mariana Islands, the United States Vir12 gin Islands, or American Samoa; 

13 (2) the harbor is economically critical such that 

14 over 80 percent of the goods transported through the 

15 harbor would be consumed within the community 

16 served by the harbor and navigation improvement; 

17 and 

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

19 would be threatened without the harbor and naviga20 tion improvement. 

21 (b) JUSTIFICATION.—In considering whether to rec22 ommend a project under subsection (a), the Secretary shall 

23 consider the benefits of the project to— 


pwalker on PROD1PC71 with BILLS
68 

•HR 1495 RH

1 (1) public health and safety of the local commu2 nity, including access to facilities designed to protect 

3 public health and safety; 

4 (2) access to natural resources for subsistence 

5 purposes; 

6 (3) local and regional economic opportunities; 

7 (4) welfare of the local population; and 

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

9 SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL. 

10 (a) IN GENERAL.—Section 204 of the Water Resources 

11 Development Act of 1992 (33 U.S.C. 2326) is amended by 

12 striking subsections (c) through (g) and inserting the fol13 lowing: 

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

15 projects to transport and place sediment obtained in con16 nection with the construction, operation, or maintenance of 

17 an authorized water resources project at locations selected 

18 by a non-Federal entity for use in the construction, repair, 

19 or rehabilitation of projects determined by the Secretary to 

20 be in the public interest and associated with navigation, 

21 flood damage reduction, hydroelectric power, municipal 

22 and industrial water supply, agricultural water supply, 

23 recreation, hurricane and storm damage reduction, aquatic 

24 plant control, and environmental protection and restora25 tion. 


pwalker on PROD1PC71 with BILLS
69 

•HR 1495 RH

1 ‘‘(d) COOPERATIVE AGREEMENT.—Any project under2 taken pursuant to this section shall be initiated only after 

3 non-Federal interests have entered into an agreement with 

4 the Secretary in which the non-Federal interests agree to 

5 pay the non-Federal share of the cost of construction of the 

6 project and 100 percent of the cost of operation, mainte7 nance, replacement, and rehabilitation of the project in ac8 cordance with section 103 of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 2213). 

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

11 subsection (a) for one or more of the purposes of protection, 

12 restoration, or creation of aquatic and ecologically related 

13 habitat, the cost of which does not exceed $750,000 and 

14 which will be located in a disadvantaged community as de15 termined by the Secretary, may be carried out at Federal 

16 expense. 

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

18 Costs associated with construction of a project under this 

19 section shall be limited solely to construction costs that are 

20 in excess of those costs necessary to carry out the dredging 

21 for construction, operation, or maintenance of the author22 ized water resources project in the most cos- effective way, 

23 consistent with economic, engineering, and environmental 

24 criteria. 


pwalker on PROD1PC71 with BILLS
70 

•HR 1495 RH

1 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METHOD.— 

2 In developing and carrying out a water resources project 

3 involving the disposal of sediment, the Secretary may select, 

4 with the consent of the non-Federal interest, a disposal 

5 method that is not the least cost option if the Secretary de6 termines that the incremental costs of such disposal method 

7 are reasonable in relation to the environmental benefits, in8 cluding the benefits to the aquatic environment to be derived 

9 from the creation of wetlands and control of shoreline ero10 sion. The Federal share of such incremental costs shall be 

11 determined in accordance with subsections (d) and (f). 

12 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section 

13 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

14 5b), for any project carried out under this section, a non15 Federal interest may include a nonprofit entity, with the 

16 consent of the affected local government. 

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

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

19 projects under this section of which not more than 

20 $3,000,000 annually may be used for construction of 

21 projects described in subsection (e). Such sums shall remain 

22 available until expended. 

23 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLANNING.— 

24 In consultation with appropriate State and Federal agen25 cies, the Secretary may develop, at Federal expense, plans 


pwalker on PROD1PC71 with BILLS
71 

•HR 1495 RH

1 for regional management of sediment obtained in conjunc2 tion with the construction, operation, or maintenance of 

3 water resources projects, including potential beneficial uses 

4 of sediment for construction, repair, or rehabilitation of 

5 public projects for navigation, flood damage reduction, hy6 droelectric power, municipal and industrial water supply, 

7 agricultural water supply, recreation, hurricane and storm 

8 damage reduction, aquatic plant control, and environ9 mental protection and restoration. 

10 ‘‘(k) USE OF FUNDS.— 

11 ‘‘(1) NON-FEDERAL INTEREST.—The non-Federal 

12 interest for a project described in this section may 

13 use, and the Secretary shall accept, funds provided 

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

15 or in part, the non-Federal share of the cost of such 

16 project if such funds are authorized to be used to 

17 carry out such project. 

18 ‘‘(2) OTHER FEDERAL AGENCIES.—The non-Fed19 eral share of the cost of construction of a project 

20 under this section may be met through contributions 

21 from a Federal agency made directly to the Secretary, 

22 with the consent of the affected local government, if 

23 such funds are authorized to be used to carry out such 

24 project. Before initiating a project to which this para25 graph applies, the Secretary shall enter into an agreeVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
72 

•HR 1495 RH

1 ment with a non-Federal interest in which the non2 Federal interest agrees to pay 100 percent of the cost 

3 of operation, maintenance, replacement, and rehabili4 tation of the project.’’. 

5 (b) REPEAL.— 

6 (1) IN GENERAL.—Section 145 of the Water Re7 sources Development Act of 1976 (33 U.S.C. 426j) is 

8 repealed. 

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

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

11 Secretary to complete any project being carried out 

12 under such section 145 on the day before the date of 

13 enactment of this Act. 

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

15 the Water Resources Development Act of 1992 (33 U.S.C. 

16 2326), the Secretary shall give priority to the following: 

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

18 Arkansas. 

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

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

21 Channel, Louisiana. 

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

23 Park Pavilion and the TWA Flight 800 Memorial, 

24 Brookhaven, New York. 


pwalker on PROD1PC71 with BILLS
73 

•HR 1495 RH

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

2 North Carolina. 

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

4 Texas. 

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

6 SEC. 2017. COST-SHARING PROVISIONS FOR CERTAIN 

7 AREAS. 

8 Section 1156 of the Water Resources Development Act 

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

10 read as follows: 

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

12 AREAS. 

13 ‘‘The Secretary shall waive local cost-sharing require14 ments up to $500,000 for all studies and projects— 

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

16 American Samoa, Guam, the Commonwealth of the 

17 Northern Mariana Islands, and the United States 

18 Virgin Islands; 

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

20 1151 of title 18, United States Code, and including 

21 lands that are within the jurisdictional area of an 

22 Oklahoma Indian tribe, as determined by the Sec23 retary of the Interior, and are recognized by the Sec24 retary of the Interior as eligible for trust land status 


pwalker on PROD1PC71 with BILLS
74 

•HR 1495 RH

1 under part 151 of title 25, Code of Federal Regula2 tions); or 

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

4 Alaska Native Regional Corporation or an Alaska 

5 Native Village Corporation (as those terms are de6 fined in the Alaska Native Claims Settlement Act (43 

7 U.S.C. 1601 et seq.)) or the Metlakatla Indian com8 munity.’’. 

9 SEC. 2018. USE OF OTHER FEDERAL FUNDS. 

10 The non-Federal interest for a water resources study 

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

12 provided by a Federal agency under any other Federal pro13 gram, to satisfy, in whole or in part, the non-Federal share 

14 of the cost of the study or project if such funds are author15 ized to be used to carry out the study or project. 

16 SEC. 2019. REVISION OF PROJECT PARTNERSHIP AGREE17 MENT. 

18 Upon authorization by law of an increase in the max19 imum amount of Federal funds that may be allocated for 

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

21 of a water resources project authorized to be carried out 

22 by the Secretary, the Secretary shall revise the partnership 

23 agreement for the project to take into account the change 

24 in Federal participation in the project. 


pwalker on PROD1PC71 with BILLS
75 

•HR 1495 RH

1 SEC. 2020. COST SHARING. 

2 An increase in the maximum amount of Federal funds 

3 that may be allocated for a water resources project, or an 

4 increase in the total cost of a water resources project, au5 thorized to be carried out by the Secretary shall not affect 

6 any cost-sharing requirement applicable to the project. 

7 SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

8 DAMAGE REDUCTION. 

9 The Secretary shall expedite any authorized planning, 

10 design, and construction of any project for flood damage 

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

12 has been subject to flooding that resulted in the loss of life 

13 and caused damage of sufficient severity and magnitude to 

14 warrant a declaration of a major disaster by the President 

15 under the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5121 et seq.). 

17 SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS. 

18 (a) IN GENERAL.—Section 729 of the Water Resources 

19 Development Act of 1986 (33 U.S.C. 2267a; 114 Stat. 2587– 

20 2588; 100 Stat. 4164) is amended— 

21 (1) in subsection (d)— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (4); 

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

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

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


pwalker on PROD1PC71 with BILLS
76 

•HR 1495 RH

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

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

3 Counties, Washington; 

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

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

6 ‘‘(10) White River Basin, Arkansas and Mis7 souri.’’; 

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

9 and inserting the following: 

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

11 share of the costs of an assessment carried out under 

12 this section on or after December 11, 2000, shall be 

13 25 percent.’’; and 

14 (3) by striking subsection (g). 

15 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

16 Secretary shall revise the partnership agreement for any as17 sessment being carried out under such section 729 to take 

18 into account the change in non-Federal participation in the 

19 assessment as a result of the amendments made by sub20 section (a). 

21 SEC. 2023. TRIBAL PARTNERSHIP PROGRAM. 

22 (a) SCOPE.—Section 203(b)(1)(B) of the Water Re23 sources Development Act of 2000 (33 U.S.C. 2269(b)(1)(B); 

24 114 Stat. 2589) is amended by inserting after ‘‘Code’’ the 

25 following: ‘‘, and including lands that are within the jurisVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
77 

•HR 1495 RH

1 dictional area of an Oklahoma Indian tribe, as determined 

2 by the Secretary of the Interior, and are recognized by the 

3 Secretary of the Interior as eligible for trust land status 

4 under part 151 of title 25, Code of Federal Regulations’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 203(e) of such Act is amended by striking ‘‘2006’’ and in7 serting ‘‘2012’’. 

8 SEC. 2024. WILDFIRE FIREFIGHTING. 

9 Section 309 of Public Law 102–154 (42 U.S.C. 1856a– 

10 1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary 

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

12 SEC. 2025. TECHNICAL ASSISTANCE. 

13 Section 22 of the Water Resources Development Act of 

14 1974 (42 U.S.C. 1962d–16) is amended— 

15 (1) in subsection (a) by striking ‘‘(a) The Sec16 retary’’ and inserting the following: 

17 ‘‘(a) FEDERAL STATE COOPERATION.— 

18 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’; 

19 (2) by inserting after the last sentence in sub20 section (a) the following: 

21 ‘‘(2) TECHNICAL ASSISTANCE.— 

22 ‘‘(A) IN GENERAL.—At the request of a govern23 mental agency or non-Federal interest, the Secretary 

24 may provide, at Federal expense, technical assistance 


pwalker on PROD1PC71 with BILLS
78 

•HR 1495 RH

1 to such agency or non-Federal interest in managing 

2 water resources. 

3 ‘‘(B) TYPES OF ASSISTANCE.—Technical assist4 ance under this paragraph may include provision 

5 and integration of hydrologic, economic, and environ6 mental data and analyses.’’; 

7 (3) in subsection (b)(1) by striking ‘‘this section’’ 

8 each place it appears and inserting ‘‘subsection 

9 (a)(1)’’; 

(4) in subsection (b)(3) by striking ‘‘Up to 1 10 ⁄2 of 

11 the’’ and inserting ‘‘The’’; 

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

13 and inserting the following: 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) FEDERAL AND STATE COOPERATION.—There 

16 is’’; 

17 (6) in subsection (c)(1) (as designated by para18 graph (5))— 

19 (A) by striking ‘‘the provisions of this sec20 tion’’ and inserting ‘‘subsection (a)(1)’’; and 

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

22 ‘‘$1,000,000’’; 

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

24 following: 


pwalker on PROD1PC71 with BILLS
79 

•HR 1495 RH

1 ‘‘(2) TECHNICAL ASSISTANCE.—There is author2 ized to be appropriated $5,000,000 annually to carry 

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

4 $2,000,000 annually may be used by the Secretary to 

5 enter into cooperative agreements with nonprofit or6 ganizations to provide assistance to rural and small 

7 communities.’’; 

8 (8) by redesignating subsection (d) as subsection 

9 (e); and 

10 (9) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI13 TIES.—Concurrent with the President’s submission to Con14 gress of the President’s request for appropriations for the 

15 Civil Works Program for a fiscal year, the Secretary shall 

16 submit to the Committee on Transportation and Infrastruc17 ture of the House of Representatives and the Committee on 

18 Environment and Public Works of the Senate a report de19 scribing the individual activities proposed for funding 

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

21 SEC. 2026. LAKES PROGRAM. 

22 Section 602(a) of the Water Resources Development 

23 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) 

24 is amended— 

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


pwalker on PROD1PC71 with BILLS
80 

•HR 1495 RH

1 (2) by striking the period at the end of para2 graph (19) and inserting a semicolon; and 

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

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

5 removal of silt and aquatic growth and measures to 

6 address excessive sedimentation; 

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

8 New Jersey, removal of silt and measures to address 

9 water quality; 

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

11 Jersey, removal of silt and restoration of structural 

12 integrity; 

13 ‘‘(23) Greenwood Lake, New York and New Jer14 sey, removal of silt and aquatic growth; 

15 ‘‘(24) Lake Rodgers, Creedmoor, North Carolina, 

16 removal of silt and excessive nutrients and restoration 

17 of structural integrity; and 

18 ‘‘(25) Lake Luxembourg, Pennsylvania.’’. 

19 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, 

20 STATE, AND LOCAL ACTIONS. 

21 (a) NOTICE OF INTENT.—Upon request of the non-Fed22 eral interest in the form of a written notice of intent to 

23 construct or modify a non-Federal water supply, waste24 water infrastructure, flood damage reduction, storm dam25 age reduction, ecosystem restoration, or navigation project 


pwalker on PROD1PC71 with BILLS
81 

•HR 1495 RH

1 that requires the approval of the Secretary, the Secretary 

2 shall initiate, subject to subsection (g)(1), procedures to es3 tablish a schedule for consolidating Federal, State, and local 

4 agency and Indian tribe environmental assessments, project 

5 reviews, and issuance of all permits for the construction or 

6 modification of the project. The non-Federal interest shall 

7 submit to the Secretary, with the notice of intent, studies 

8 and documentation, including environmental reviews, that 

9 may be required by Federal law for decisionmaking on the 

10 proposed project. All States and Indian tribes having juris11 diction over the proposed project shall be invited by the Sec12 retary, but shall not be required, to participate in carrying 

13 out this section with respect to the project. 

14 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

16 shall publish such notice in the Federal Register. The Sec17 retary also shall provide written notification of the receipt 

18 of a notice under subsection (a) to all State and local agen19 cies and Indian tribes that may be required to issue permits 

20 for the construction of the project or related activities. The 

21 Secretary shall solicit the cooperation of those agencies and 

22 request their entry into a memorandum of agreement de23 scribed in subsection (c) with respect to the project. Within 

24 30 days after publication of the notice in the Federal Reg25 ister, State and local agencies and Indian tribes that intend 


pwalker on PROD1PC71 with BILLS
82 

•HR 1495 RH

1 to enter into the memorandum of agreement with respect 

2 to the project shall notify the Secretary of their intent in 

3 writing. 

4 (c) SCHEDULING AGREEMENT.—Within 90 days after 

5 the date of receipt of notice under subsection (a) with re6 spect to a project, the Secretary of the Interior, the Sec7 retary of Commerce, and the Administrator of the Environ8 mental Protection Agency, as necessary, and any State or 

9 local agencies that have notified the Secretary under sub10 section (b) shall enter into an agreement with the Secretary 

11 establishing a schedule of decisionmaking for approval of 

12 the project and permits associated with the project and with 

13 related activities. 

14 (d) CONTENTS OF AGREEMENT.—An agreement en15 tered into under subsection (c) with respect to a project, 

16 to the extent practicable, shall consolidate hearing and com17 ment periods, procedures for data collection and report 

18 preparation, and the environmental review and permitting 

19 processes associated with the project and related activities. 

20 The agreement shall detail, to the extent possible, the non21 Federal interest’s responsibilities for data development and 

22 information that may be necessary to process each permit 

23 required for the project, including a schedule when the in24 formation and data will be provided to the appropriate 

25 Federal, State, or local agency or Indian tribe. 


pwalker on PROD1PC71 with BILLS
83 

•HR 1495 RH

1 (e) REVISION OF AGREEMENT.—The Secretary may re2 vise an agreement entered into under subsection (c) with 

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

4 non-Federal interest the minimum amount of additional 

5 time necessary to revise its original application to meet the 

6 objections of a Federal, State, or local agency or Indian 

7 tribe that is a party to the agreement. 

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

9 a schedule established by an agreement entered into under 

10 subsection (c) with respect to a project, the Secretary shall 

11 notify the non-Federal interest of the final decision on the 

12 project and whether the permit or permits have been issued. 

13 (g) COSTS OF COORDINATION.—The costs incurred by 

14 the Secretary to establish and carry out a schedule to con15 solidate Federal, State, and local agency and Indian tribe 

16 environmental assessments, project reviews, and permit 

17 issuance for a project under this section shall be paid by 

18 the non-Federal interest. 

19 (h) REPORT ON TIMESAVINGS METHODS.—Not later 

20 than 3 years after the date of enactment of this section, the 

21 Secretary shall prepare and transmit to Congress a report 

22 estimating the time required for the issuance of all Federal, 

23 State, local, and tribal permits for the construction of non24 Federal projects for water supply, wastewater infrastruc25 ture, flood damage reduction, storm damage reduction, ecoVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
84 

•HR 1495 RH

1 system restoration, and navigation. The Secretary shall in2 clude in that report recommendations for further reducing 

3 the amount of time required for the issuance of those per4 mits, including any proposed changes in existing law. 

5 SEC. 2028. PROJECT STREAMLINING. 

6 (a) POLICY.—The benefits of water resources projects 

7 are important to the Nation’s economy and environment, 

8 and recommendations to Congress regarding such projects 

9 should not be delayed due to uncoordinated or inefficient 

10 reviews or the failure to timely resolve disputes during the 

11 development of water resources projects. 

12 (b) SCOPE.—This section shall apply to each study 

13 initiated after the date of enactment of this Act to develop 

14 a feasibility report under section 905 of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 2282), or a reevalua16 tion report, for a water resources project if the Secretary 

17 determines that such study requires an environmental im18 pact statement under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.). 

20 (c) WATER RESOURCES PROJECT REVIEW PROC21 ESS.—The Secretary shall develop and implement a coordi22 nated review process for the development of water resources 

23 projects. 

24 (d) COORDINATED REVIEWS.— 


pwalker on PROD1PC71 with BILLS
85 

•HR 1495 RH

1 (1) IN GENERAL.—The coordinated review proc2 ess under this section shall provide that all reviews, 

3 analyses, opinions, permits, licenses, and approvals 

4 that must be issued or made by a Federal, State, or 

5 local government agency or Indian tribe for the devel6 opment of a water resources project described in sub7 section (b) will be conducted, to the maximum extent 

8 practicable, concurrently and completed within a 

9 time period established by the Secretary, in coopera10 tion with the agencies identified under subsection (e) 

11 with respect to the project. 

12 (2) AGENCY PARTICIPATION.—Each Federal 

13 agency identified under subsection (e) with respect to 

14 the development of a water resources project shall for15 mulate and implement administrative policy and 

16 procedural mechanisms to enable the agency to ensure 

17 completion of reviews, analyses, opinions, permits, li18 censes, and approvals described in paragraph (1) for 

19 the project in a timely and environmentally respon20 sible manner. 

21 (e) IDENTIFICATION OF JURISDICTIONAL AGENCIES.— 

22 With respect to the development of each water resources 

23 project, the Secretary shall identify, as soon as practicable 

24 all Federal, State, and local government agencies and In25 dian tribes that may— 


pwalker on PROD1PC71 with BILLS
86 

•HR 1495 RH

1 (1) have jurisdiction over the project; 

2 (2) be required by law to conduct or issue a re3 view, analysis, or opinion for the project; or 

4 (3) be required to make a determination on 

5 issuing a permit, license, or approval for the project. 

6 (f) STATE AUTHORITY.—If the coordinated review 

7 process is being implemented under this section by the Sec8 retary with respect to the development of a water resources 

9 project described in subsection (b) within the boundaries of 

10 a State, the State, consistent with State law, may choose 

11 to participate in the process and to make subject to the proc12 ess all State agencies that— 

13 (1) have jurisdiction over the project; 

14 (2) are required to conduct or issue a review, 

15 analysis, or opinion for the project; or 

16 (3) are required to make a determination on 

17 issuing a permit, license, or approval for the project. 

18 (g) MEMORANDUM OF UNDERSTANDING.—The coordi19 nated review process developed under this section may be 

20 incorporated into a memorandum of understanding for a 

21 water resources project between the Secretary, the heads of 

22 Federal, State, and local government agencies, Indian tribes 

23 identified under subsection (e), and the non-Federal interest 

24 for the project. 

25 (h) EFFECT OF FAILURE TO MEET DEADLINE.— 


pwalker on PROD1PC71 with BILLS
87 

•HR 1495 RH

1 (1) NOTIFICATION OF CONGRESS AND CEQ.—If 

2 the Secretary determines that a Federal, State, or 

3 local government agency, Indian tribe, or non-Federal 

4 interest that is participating in the coordinated re5 view process under this section with respect to the de6 velopment of a water resources project has not met a 

7 deadline established under subsection (d) for the 

8 project, the Secretary shall notify, within 30 days of 

9 the date of such determination, the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives, the Committee on Environment and 

12 Public Works of the Senate, the Council on Environ13 mental Quality, and the agency, Indian tribe, or non14 Federal interest involved about the failure to meet the 

15 deadline. 

16 (2) AGENCY REPORT.—Not later than 30 days 

17 after the date of receipt of a notice under paragraph 

18 (1), the Federal, State, or local government agency, 

19 Indian tribe, or non-Federal interest involved may 

20 submit a report to the Secretary, the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives, the Committee on Environment and 

23 Public Works of the Senate, and the Council on Envi24 ronmental Quality explaining why the agency, In25 dian tribe, or non-Federal interest did not meet the 


pwalker on PROD1PC71 with BILLS
88 

•HR 1495 RH

1 deadline and what actions it intends to take to com2 plete or issue the required review, analysis, or opin3 ion or determination on issuing a permit, license, or 

4 approval. 

5 (i) PURPOSE AND NEED AND DETERMINATION OF

6 REASONABLE ALTERNATIVES.— 

7 (1) IN GENERAL.—The Secretary, as the Federal 

8 lead agency responsible for carrying out a study for 

9 a water resources project and the associated process 

10 for meeting the requirements of the National Environ11 mental Policy Act of 1969, shall— 

12 (A) define the project’s purpose and need for 

13 purposes of any document which the Secretary is 

14 responsible for preparing for the project and 

15 shall determine the range of alternatives for con16 sideration in any document which the Secretary 

17 is responsible for preparing for the project; and 

18 (B) determine, in collaboration with par19 ticipating agencies at appropriate times during 

20 the study process, the methodologies to be used 

21 and the level of detail required in the analysis 

22 of each alternative for the project. 

23 (2) PREFERRED ALTERNATIVE.—At the discre24 tion of the Secretary, the preferred alternative for a 


pwalker on PROD1PC71 with BILLS
89 

•HR 1495 RH

1 project, after being identified, may be developed to a 

2 higher level of detail than other alternatives. 

3 (j) LIMITATIONS.—Nothing in this section shall pre4 empt or interfere with— 

5 (1) any statutory requirement for seeking public 

6 comment; 

7 (2) any power, jurisdiction, or authority that a 

8 Federal, State, or local government agency, Indian 

9 tribe, or non-Federal interest has with respect to car10 rying out a water resources project; or 

11 (3) any obligation to comply with the provisions 

12 of the National Environmental Policy Act of 1969 

13 and the regulations issued by the Council on Environ14 mental Quality to carry out such Act. 

15 SEC. 2029. COOPERATIVE AGREEMENTS. 

16 (a) IN GENERAL.—For the purpose of expediting the 

17 cost-effective design and construction of wetlands restora18 tion that is part of an authorized water resources project, 

19 the Secretary may enter into cooperative agreements under 

20 section 6305 of title 31, United States Code, with nonprofit 

21 organizations with expertise in wetlands restoration to 

22 carry out such design and construction on behalf of the Sec23 retary. 

24 (b) LIMITATIONS.— 


pwalker on PROD1PC71 with BILLS
90 

•HR 1495 RH

1 (1) PER PROJECT LIMIT.—A cooperative agree2 ment under this section shall not obligate the Sec3 retary to pay the nonprofit organization more than 

4 $1,000,000 for any single wetlands restoration 

5 project. 

6 (2) ANNUAL LIMIT.—The total value of work car7 ried out under cooperative agreements under this sec8 tion may not exceed $5,000,000 in any fiscal year. 

9 SEC. 2030. TRAINING FUNDS. 

10 (a) IN GENERAL.—The Secretary may include indi11 viduals not employed by the Department of the Army in 

12 training classes and courses offered by the Corps of Engi13 neers in any case in which the Secretary determines that 

14 it is in the best interest of the Federal Government to in15 clude those individuals as participants. 

16 (b) EXPENSES.— 

17 (1) IN GENERAL.—An individual not employed 

18 by the Department of the Army attending a training 

19 class or course described in subsection (a) shall pay 

20 the full cost of the training provided to the indi21 vidual. 

22 (2) PAYMENTS.—Payments made by an indi23 vidual for training received under paragraph (1), up 

24 to the actual cost of the training— 

25 (A) may be retained by the Secretary; 


pwalker on PROD1PC71 with BILLS
91 

•HR 1495 RH

1 (B) shall be credited to an appropriations 

2 account used for paying training costs; and 

3 (C) shall be available for use by the Sec4 retary, without further appropriation, for train5 ing purposes. 

6 (3) EXCESS AMOUNTS.—Any payments received 

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

8 cost of training provided shall be credited as miscella9 neous receipts to the Treasury of the United States. 

10 SEC. 2031. ACCESS TO WATER RESOURCE DATA. 

11 (a) IN GENERAL.—The Secretary shall carry out a 

12 program to provide public access to water resources and re13 lated water quality data in the custody of the Corps of En14 gineers. 

15 (b) DATA.—Public access under subsection (a) shall— 

16 (1) include, at a minimum, access to data gen17 erated in water resources project development and 

18 regulation under section 404 of the Federal Water 

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

20 (2) appropriately employ geographic informa21 tion system technology and linkages to water resource 

22 models and analytical techniques. 

23 (c) PARTNERSHIPS.—To the maximum extent prac24 ticable, in carrying out activities under this section, the 

25 Secretary shall develop partnerships, including cooperative 


pwalker on PROD1PC71 with BILLS
92 

•HR 1495 RH

1 agreements with State, tribal, and local governments and 

2 other Federal agencies. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

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

6 SEC. 2032. SHORE PROTECTION PROJECTS. 

7 (a) IN GENERAL.—In accordance with the Act of July 

8 3, 1930 (33 U.S.C. 426), and notwithstanding administra9 tive actions, it is the policy of the United States to promote 

10 beach nourishment for the purposes of flood damage reduc11 tion and hurricane and storm damage reduction and re12 lated research that encourage the protection, restoration, 

13 and enhancement of sandy beaches, including beach restora14 tion and periodic beach renourishment for a period of 50 

15 years, on a comprehensive and coordinated basis by the 

16 Federal Government, States, localities, and private enter17 prises. 

18 (b) PREFERENCE.—In carrying out the policy under 

19 subsection (a), preference shall be given to— 

20 (1) areas in which there has been a Federal in21 vestment of funds for the purposes described in sub22 section (a); and 

23 (2) areas with respect to which the need for pre24 vention or mitigation of damage to shores and beaches 


pwalker on PROD1PC71 with BILLS
93 

•HR 1495 RH

1 is attributable to Federal navigation projects or other 

2 Federal activities. 

3 (c) APPLICABILITY.—The Secretary shall apply the 

4 policy under subsection (a) to each shore protection and 

5 beach renourishment project (including shore protection 

6 and beach renourishment projects constructed before the 

7 date of enactment of this Act). 

8 SEC. 2033. ABILITY TO PAY. 

9 (a) CRITERIA AND PROCEDURES.—Section 103(m)(2) 

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

11 2213(m)(2)) is amended by striking ‘‘180 days after such 

12 date of enactment’’ and inserting ‘‘September 30, 2007’’. 

13 (b) PROJECTS.—The Secretary shall apply the criteria 

14 and procedures referred to in section 103(m) of the Water 

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

16 to the following projects: 

17 (1) ST. JOHNS BAYOU AND NEW MADRID

18 FLOODWAY, MISSOURI.—The project for flood control, 

19 St. Johns Bayou and New Madrid Floodway, Mis20 souri, authorized by section 401(a) of the Water Re21 sources Development Act of 1986 (100 Stat. 4118). 

22 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

23 project for flood control, Lower Rio Grande Basin, 

24 Texas, authorized by section 401(a) of the Water Re25 sources Development Act of 1986 (100 Stat. 4125). 


pwalker on PROD1PC71 with BILLS
94 

•HR 1495 RH

1 (3) WEST VIRGINIA AND PENNSYLVANIA

2 PROJECTS.—The projects for flood control authorized 

3 by section 581 of the Water Resources Development 

4 Act of 1996 (110 Stat. 3790–3791). 

5 SEC. 2034. LEASING AUTHORITY. 

6 Section 4 of the Act entitled ‘‘An Act authorizing the 

7 construction of certain public works on rivers and harbors 

8 for flood control, and other purposes’’, approved December 

9 22, 1944 (16 U.S.C. 460d), is amended— 

10 (1) by inserting ‘‘federally recognized Indian 

11 tribes and’’ before ‘‘Federal’’ the first place it appears; 

12 (2) by inserting ‘‘Indian tribes or’’ after ‘‘consid13 erations, to such’’; and 

14 (3) by inserting ‘‘federally recognized Indian 

15 tribe’’ after ‘‘That in any such lease or license to a’’. 

16 SEC. 2035. COST ESTIMATES. 

17 The estimated Federal and non-Federal costs of 

18 projects authorized to be carried out by the Secretary before, 

19 on, or after the date of enactment of this Act are for infor20 mational purposes only and shall not be interpreted as af21 fecting the cost sharing responsibilities established by law. 

22 SEC. 2036. PROJECT PLANNING. 

23 (a) DETERMINATION OF CERTAIN NATIONAL BENE24 FITS.— 


pwalker on PROD1PC71 with BILLS
95 

•HR 1495 RH

1 (1) SENSE OF CONGRESS.—It is the sense of 

2 Congress that, consistent with the Economic and En3 vironmental Principles and Guidelines for Water and 

4 Related Land Resources Implementation Studies 

5 (1983), the Secretary may select a water resources 

6 project alternative that does not maximize net na7 tional economic development benefits or net national 

8 ecosystem restoration benefits if there is an overriding 

9 reason based on other Federal, State, local, or inter10 national concerns. 

11 (2) FLOOD DAMAGE REDUCTION, NAVIGATION, 

12 AND HURRICANE STORM DAMAGE REDUCTION

13 PROJECTS.—With respect to a water resources project 

14 the primary purpose of which is flood damage reduc15 tion, navigation, or hurricane and storm damage re16 duction, an overriding reason for selecting a plan 

17 other than the plan that maximizes net national eco18 nomic development benefits may be if the Secretary 

19 determines, and the non-Federal interest concurs, that 

20 an alternative plan is feasible and achieves the project 

21 purposes while providing greater ecosystem restora22 tion benefits. 

23 (3) ECOSYSTEM RESTORATION PROJECTS.—With 

24 respect to a water resources project the primary pur25 pose of which is ecosystem restoration, an overriding 


pwalker on PROD1PC71 with BILLS
96 

•HR 1495 RH

1 reason for selecting a plan other than the plan that 

2 maximizes net national ecosystem restoration benefits 

3 may be if the Secretary determines, and the non-Fed4 eral interest concurs, that an alternative plan is fea5 sible and achieves the project purposes while pro6 viding greater economic development benefits. 

7 (b) IDENTIFYING ADDITIONAL BENEFITS AND

8 PROJECTS.— 

9 (1) PRIMARILY ECONOMIC BENEFITS.—In con10 ducting a study of the feasibility of a project where 

11 the primary benefits are expected to be economic, the 

12 Secretary may identify ecosystem restoration benefits 

13 that may be achieved in the study area and, after ob14 taining the participation of a non-Federal interest, 

15 may study and recommend construction of additional 

16 measures, a separate project, or separable project ele17 ment to achieve those benefits. 

18 (2) PRIMARILY ECOSYSTEM RESTORATION BENE19 FITS.—In conducting a study of the feasibility of a 

20 project where the primary benefits are expected to be 

21 associated with ecosystem restoration, the Secretary 

22 may identify economic benefits that may be achieved 

23 in the study area and, after obtaining the participa24 tion of a non-Federal interest, may study and rec25 ommend construction of additional measures, a sepaVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
97 

•HR 1495 RH

1 rate project, or separable project element to achieve 

2 those benefits. 

3 (3) RULES APPLICABLE TO CERTAIN MEASURES, 

4 PROJECTS, AND ELEMENTS.—Any additional meas5 ures, separate project, or separable element identified 

6 under paragraph (1) or (2) and recommended for 

7 construction shall not be considered integral to the 

8 underlying project and, if authorized, shall be subject 

9 to a separate partnership agreement, unless a non10 Federal interest agrees to share in the cost of the ad11 ditional measures, project, or separable element. 

12 (c) CALCULATION OF BENEFITS AND COSTS FOR

13 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 

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

15 as part of the calculation of benefits and costs— 

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

17 following completion of the proposed project; 

18 (2) a calculation of any upstream or down19 stream impacts of the proposed project; and 

20 (3) calculations to ensure that the benefits and 

21 costs associated with structural and nonstructural al22 ternatives are evaluated in an equitable manner. 

23 SEC. 2037. INDEPENDENT PEER REVIEW. 

24 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

25 PEER REVIEW.— 


pwalker on PROD1PC71 with BILLS
98 

•HR 1495 RH

1 (1) IN GENERAL.—Project studies shall be subject 

2 to a peer review by an independent panel of experts 

3 as determined under this section. 

4 (2) SCOPE.—The peer review may include a re5 view of the economic and environmental assumptions 

6 and projections, project evaluation data, economic 

7 analyses, environmental analyses, engineering anal8 yses, formulation of alternative plans, methods for in9 tegrating risk and uncertainty, models used in eval10 uation of economic or environmental impacts of pro11 posed projects, and any biological opinions of the 

12 project study. 

13 (3) PROJECT STUDIES SUBJECT TO PEER RE14 VIEW.— 

15 (A) MANDATORY.—A project study shall be 

16 subject to peer review under paragraph (1)— 

17 (i) if the project has an estimated total 

18 cost of more than $50,000,000, including 

19 mitigation costs, and is not determined by 

20 the Chief of Engineers to be exempt from 

21 peer review under paragraph (6); or 

22 (ii) the Governor of an affected State 

23 requests a peer review by an independent 

24 panel of experts. 


pwalker on PROD1PC71 with BILLS
99 

•HR 1495 RH

1 (B) DISCRETIONARY.—A project study may 

2 be subject to peer review if— 

3 (i) the head of a Federal or State agen4 cy charged with reviewing the project study 

5 determines that the project is likely to have 

6 a significant adverse impact on environ7 mental, cultural, or other resources under 

8 the jurisdiction of the agency after imple9 mentation of proposed mitigation plans and 

10 requests a peer review by an independent 

11 panel of experts; or 

12 (ii) the Chief of Engineers determines 

13 that the project study is controversial. 

14 (4) CONTROVERSIAL PROJECTS.—Upon receipt of 

15 a written request under paragraph (3)(B) or on the 

16 initiative of the Chief of Engineers, the Chief of Engi17 neers shall determine whether a project study is con18 troversial. 

19 (5) FACTORS TO CONSIDER.—In determining 

20 whether a project study is controversial, the Chief of 

21 Engineers shall consider if— 

22 (A) there is a significant public dispute as 

23 to the size, nature, or effects of the project; or 


pwalker on PROD1PC71 with BILLS
100 

•HR 1495 RH

1 (B) there is a significant public dispute as 

2 to the economic or environmental costs or bene3 fits of the project. 

4 (6) PROJECT STUDIES EXCLUDED FROM PEER

5 REVIEW.—Project studies that may be excluded from 

6 peer review under paragraph (1) are— 

7 (A) a study for a project the Chief of Engi8 neers determines— 

9 (i) is not controversial; 

10 (ii) has no more than negligible ad11 verse impacts on scarce or unique cultural, 

12 historic, or tribal resources; 

13 (iii) has no substantial adverse im14 pacts on fish and wildlife species and their 

15 habitat prior to the implementation of miti16 gation measures; and 

17 (iv) has, before implementation of 

18 mitigation measures, no more than a neg19 ligible adverse impact on a species listed as 

20 endangered or threatened species under the 

21 Endangered Species Act of 1973 (16 U.S.C. 

22 1539 et seq.) or the critical habitat of such 

23 species designated under such Act; and 

24 (B) a study for a project pursued under sec25 tion 205 of the Flood Control Act of 1948 (33 


pwalker on PROD1PC71 with BILLS
101 

•HR 1495 RH

1 U.S.C. 701s), section 2 of the Flood Control Act 

2 of August 28, 1937 (33 U.S.C. 701g), section 14 

3 of the Flood Control Act of 1946 (33 U.S.C. 

4 701r), section 107(a) of the River and Harbor 

5 Act of 1960 (33 U.S.C. 577(a)), section 3 of the 

6 Act entitled ‘‘An Act authorizing Federal par7 ticipation in the cost of protecting the shores of 

8 publicly owned property’’, approved August 13, 

9 1946 (33 U.S.C. 426g), section 111 of the River 

10 and Harbor Act of 1968 (33 U.S.C. 426i), sec11 tion 3 of the Act entitled ‘‘An Act authorizing 

12 the construction, repair, and preservation of cer13 tain public works on rivers and harbors, and for 

14 other purposes’’, approved March 2, 1945 (33 

15 U.S.C. 603a), section 1135 of the Water Re16 sources Development Act of 1986 (33 U.S.C. 

17 2309a), section 206 of the Water Resources De18 velopment Act of 1996 (33 U.S.C. 2330), or sec19 tion 204 of the Water Resources Development Act 

20 of 1992 (33 U.S.C. 2326). 

21 (7) APPEAL.—The decision of the Chief of Engi22 neers whether to peer review a project study shall be 

23 published in the Federal Register and shall be subject 

24 to appeal by a person referred to in paragraph 

25 (3)(B)(i) or (3)(B)(ii) to the Secretary of the Army 


pwalker on PROD1PC71 with BILLS
102 

•HR 1495 RH

1 if such appeal is made within the 30-day period fol2 lowing the date of such publication. 

3 (8) DETERMINATION OF PROJECT COST.—For 

4 purposes of determining the estimated total cost of a 

5 project under paragraph (3)(A), the project cost shall 

6 be based upon the reasonable estimates of the Chief of 

7 Engineers at the completion of the reconnaissance 

8 study for the project. If the reasonable estimate of 

9 project costs is subsequently determined to be in excess 

10 of the amount in paragraph (3)(A), the Chief of Engi11 neers shall make a determination whether a project 

12 study should be reviewed under this section. 

13 (b) TIMING OF PEER REVIEW.—The Chief of Engineers 

14 shall determine the timing of a peer review of a project 

15 study under subsection (a). In all cases, the peer review 

16 shall occur during the period beginning on the date of the 

17 completion of the reconnaissance study for the project and 

18 ending on the date the draft report of the Chief of Engineers 

19 for the project is made available for public comment. Where 

20 the Chief of Engineers has not initiated a peer review of 

21 a project study, the Chief of Engineers shall consider, at 

22 a minimum, whether to initiate a peer review at the time 

23 that— 

24 (1) the without-project conditions are identified; 


pwalker on PROD1PC71 with BILLS
103 

•HR 1495 RH

1 (2) the array of alternatives to be considered are 

2 identified; and 

3 (3) the preferred alternative is identified. 

4 Nothing in this subsection shall be construed to require the 

5 Chief of Engineers to conduct multiple peer reviews for a 

6 project study. 

7 (c) ESTABLISHMENT OF PANELS.— 

8 (1) IN GENERAL.—For each project study subject 

9 to peer review under subsection (a), as soon as prac10 ticable after the Chief of Engineers determines that a 

11 project study will be subject to peer review, the Chief 

12 of Engineers shall contract with the National Acad13 emy of Sciences (or a similar independent scientific 

14 and technical advisory organization), or an eligible 

15 organization, to establish a panel of experts to peer 

16 review the project study for technical and scientific 

17 sufficiency. 

18 (2) MEMBERSHIP.—A panel of experts estab19 lished for a project study under this section shall be 

20 composed of independent experts who represent a bal21 ance of areas of expertise suitable for the review being 

22 conducted. 

23 (3) LIMITATION ON APPOINTMENTS.—An indi24 vidual may not be selected to serve on a panel of ex25 perts established for a project study under this section 


pwalker on PROD1PC71 with BILLS
104 

•HR 1495 RH

1 if the individual has a financial or close professional 

2 association with any organization or group with a 

3 strong financial or organizational interest in the 

4 project. 

5 (4) CONGRESSIONAL NOTIFICATION.—Upon iden6 tification of a project study for peer review under this 

7 section, but prior to initiation of any review, the 

8 Chief of Engineers shall notify the Committee on En9 vironment and Public Works of the Senate and the 

10 Committee on Transportation and Infrastructure of 

11 the House of Representatives of such review. 

12 (d) DUTIES OF PANELS.—A panel of experts estab13 lished for a peer review for a project study under this sec14 tion shall, consistent with the scope of the referral for re15 view— 

16 (1) conduct a peer review for the project study 

17 submitted to the panel for review; 

18 (2) assess the adequacy and acceptability of the 

19 economic and environmental methods, models, and 

20 analyses used by the Chief of Engineers; 

21 (3) provide timely written and oral comments to 

22 the Chief of Engineers throughout the development of 

23 the project study, as requested; and 

24 (4) submit to the Chief of Engineers a final re25 port containing the panel’s economic, engineering, 


pwalker on PROD1PC71 with BILLS
105 

•HR 1495 RH

1 and environmental analysis of the project study, in2 cluding the panel’s assessment of the adequacy and 

3 acceptability of the economic and environmental 

4 methods, models, and analyses used by the Chief of 

5 Engineers, to accompany the publication of the 

6 project study. 

7 (e) DURATION OF PROJECT STUDY PEER REVIEWS.— 

8 (1) DEADLINE.—A panel of experts shall— 

9 (A) complete its peer review under this sec10 tion for a project study and submit a report to 

11 the Chief of Engineers under subsection (d)(4) 

12 within 180 days after the date of establishment 

13 of the panel, or, if the Chief of Engineers deter14 mines that a longer period of time is necessary, 

15 such period of time established by the Chief of 

16 Engineers, but in no event later than 90 days 

17 after the date a draft project study is made 

18 available for public review; and 

19 (B) terminate on the date of submission of 

20 the report. 

21 (2) FAILURE TO MEET DEADLINE.—If a panel 

22 does not complete its peer review of a project study 

23 under this section and submit a report to the Chief 

24 of Engineers under subsection (d)(4) on or before the 

25 deadline established by paragraph (1) for the project 


pwalker on PROD1PC71 with BILLS
106 

•HR 1495 RH

1 study, the Chief of Engineers shall continue the 

2 project study for the project that is subject to peer re3 view by the panel without delay. 

4 (f) RECOMMENDATIONS OF PANEL.— 

5 (1) CONSIDERATION BY THE CHIEF OF ENGI6 NEERS.—After receiving a report on a project study 

7 from a panel of experts under this section and before 

8 entering a final record of decision for the project, the 

9 Chief of Engineers shall consider any recommenda10 tions contained in the report and prepare a written 

11 response for any recommendations adopted or not 

12 adopted. 

13 (2) PUBLIC AVAILABILITY AND TRANSMITTAL TO

14 CONGRESS.—After receiving a report on a project 

15 study from a panel of experts under this section, the 

16 Chief of Engineers shall— 

17 (A) make a copy of the report and any 

18 written response of the Chief of Engineers on rec19 ommendations contained in the report available 

20 to the public; and 

21 (B) transmit to Congress a copy of the re22 port, together with any such written response, on 

23 the date of a final report of the Chief of Engi24 neers or other final decision document for a 


pwalker on PROD1PC71 with BILLS
107 

•HR 1495 RH

1 project study that is subject to peer review by the 

2 panel. 

3 (g) COSTS.— 

4 (1) IN GENERAL.—The costs of a panel of experts 

5 established for a peer review under this section— 

6 (A) shall be a Federal expense; and 

7 (B) shall not exceed $500,000. 

8 (2) WAIVER.—The Chief of Engineers may waive 

9 the $500,000 limitation contained in paragraph 

10 (1)(B) in cases that the Chief of Engineers determines 

11 appropriate. 

12 (h) APPLICABILITY.—This section shall apply to— 

13 (1) project studies initiated during the 2-year 

14 period preceding the date of enactment of this Act and 

15 for which the array of alternatives to be considered 

16 has not been identified; and 

17 (2) project studies initiated during the period be18 ginning on such date of enactment and ending 4 

19 years after such date of enactment. 

(i) REPORT.—Within 41 20 ⁄2 years of the date of enact21 ment of this section, the Chief of Engineers shall submit 

22 a report to Congress on the implementation of this section. 

23 (j) NONAPPLICABILITY OF FACA.—The Federal Advi24 sory Committee Act (5 U.S.C. App.) shall not apply to any 

25 peer review panel established under this section. 


pwalker on PROD1PC71 with BILLS
108 

•HR 1495 RH

1 (k) SAVINGS CLAUSE.—Nothing in this section shall 

2 be construed to affect any authority of the Chief of Engi3 neers to cause or conduct a peer review of a water resources 

4 project existing on the date of enactment of this section. 

5 (l) DEFINITIONS.—In this section, the following defini6 tions apply: 

7 (1) PROJECT STUDY.—The term ‘‘project study’’ 

8 means a feasibility study or reevaluation study for a 

9 project. The term also includes any other study asso10 ciated with a modification or update of a project that 

11 includes an environmental impact statement, includ12 ing the environmental impact statement. 

13 (2) AFFECTED STATE.—The term ‘‘affected 

14 State’’, as used with respect to a project, means a 

15 State all or a portion of which is within the drainage 

16 basin in which the project is or would be located and 

17 would be economically or environmentally affected as 

18 a consequence of the project. 

19 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi20 ble organization’’ means an organization that— 

21 (A) is described in section 501(c)(3), and 

22 exempt from Federal tax under section 501(a), of 

23 the Internal Revenue Code of 1986; 

24 (B) is independent; 

25 (C) is free from conflicts of interest; 


pwalker on PROD1PC71 with BILLS
109 

•HR 1495 RH

1 (D) does not carry out or advocate for or 

2 against Federal water resources projects; and 

3 (E) has experience in establishing and ad4 ministering peer review panels. 

5 SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES 

6 PROJECTS. 

7 (a) STUDIES.— 

8 (1) COST-SHARING REQUIREMENTS.—Section 

9 105(a) of the Water Resources Development Act of 

10 1986 (33 U.S.C. 2215(a)) is amended by adding at 

11 the end the following: 

12 ‘‘(3) DETAILED PROJECT REPORTS.—The re13 quirements of this subsection that apply to a feasi14 bility study also shall apply to a study that results 

15 in a detailed project report, except that— 

16 ‘‘(A) the first $100,000 of the costs of a 

17 study that results in a detailed project report 

18 shall be a Federal expense; and 

19 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

20 to such a study.’’. 

21 (2) PLANNING AND ENGINEERING.—Section 

22 105(b) of such Act (33 U.S.C. 2215(b)) is amended by 

23 striking ‘‘authorized by this Act’’. 


pwalker on PROD1PC71 with BILLS
110 

•HR 1495 RH

1 (3) DEFINITIONS.—Section 105 of such Act (33 

2 U.S.C. 2215) is amended by adding at the end the fol3 lowing: 

4 ‘‘(d) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 ‘‘(1) DETAILED PROJECT REPORT.—The term 

7 ‘detailed project report’ means a report for a project 

8 not specifically authorized by Congress in law or oth9 erwise that determines the feasibility of the project 

10 with a level of detail appropriate to the scope and 

11 complexity of the recommended solution and sufficient 

12 to proceed directly to the preparation of contract 

13 plans and specifications. The term includes any asso14 ciated environmental impact statement and mitiga15 tion plan. For a project for which the Federal cost 

16 does not exceed $1,000,000, the term includes a plan17 ning and design analysis document. 

18 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility 

19 study’ means a study that results in a feasibility re20 port under section 905, and any associated environ21 mental impact statement and mitigation plan, pre22 pared by the Corps of Engineers for a water resources 

23 project. The term includes a study that results in a 

24 project implementation report prepared under title VI 

25 of the Water Resources Development Act of 2000 (114 


pwalker on PROD1PC71 with BILLS
111 

•HR 1495 RH

1 Stat. 2680–2694), a general reevaluation report, and 

2 a limited reevaluation report.’’. 

3 (b) REPORTS.— 

4 (1) PREPARATION.—Section 905(a) of the Water 

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

6 2282(a)) is amended— 

7 (A) by striking ‘‘(a) In the case of any’’ and 

8 inserting the following: 

9 ‘‘(a) PREPARATION OF REPORTS.— 

10 ‘‘(1) IN GENERAL.—In the case of any’’; 

11 (B) by striking ‘‘the Secretary, the Sec12 retary shall’’ and inserting ‘‘the Secretary that 

13 results in recommendations concerning a project 

14 or the operation of a project and that requires 

15 specific authorization by Congress in law or oth16 erwise, the Secretary shall perform a reconnais17 sance study and’’; 

18 (C) by striking ‘‘Such feasibility report’’ 

19 and inserting the following: 

20 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

21 feasibility report’’; 

22 (D) by striking ‘‘The feasibility report’’ and 

23 inserting ‘‘A feasibility report’’; and 

24 (E) by striking the last sentence and insert25 ing the following: 


pwalker on PROD1PC71 with BILLS
112 

•HR 1495 RH

1 ‘‘(3) APPLICABILITY.—This subsection shall not 

2 apply to— 

3 ‘‘(A) any study with respect to which a re4 port has been submitted to Congress before the 

5 date of enactment of this Act; 

6 ‘‘(B) any study for a project, which project 

7 is authorized for construction by this Act and is 

8 not subject to section 903(b); 

9 ‘‘(C) any study for a project which does not 

10 require specific authorization by Congress in law 

11 or otherwise; and 

12 ‘‘(D) general studies not intended to lead to 

13 recommendation of a specific water resources 

14 project. 

15 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

16 subsection, the term ‘feasibility report’ means each 

17 feasibility report, and any associated environmental 

18 impact statement and mitigation plan, prepared by 

19 the Corps of Engineers for a water resources project. 

20 The term includes a project implementation report 

21 prepared under title VI of the Water Resources Devel22 opment Act of 2000 (114 Stat. 2680–2694), a general 

23 reevaluation report, and a limited reevaluation re24 port.’’. 


pwalker on PROD1PC71 with BILLS
113 

•HR 1495 RH

1 (2) PROJECTS NOT SPECIFICALLY AUTHORIZED

2 BY CONGRESS.—Section 905 of such Act is further 

3 amended— 

4 (A) in subsection (b) by inserting ‘‘RECON5 NAISSANCE STUDIES.—’’ before ‘‘Before initi6 ating’’; 

7 (B) by redesignating subsections (c), (d), 

8 and (e) as subsections (d), (e), and (f), respec9 tively; 

10 (C) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

13 CONGRESS.—In the case of any water resources project-re14 lated study authorized to be undertaken by the Secretary 

15 without specific authorization by Congress in law or other16 wise, the Secretary shall prepare a detailed project report.’’; 

17 (D) in subsection (d) (as so redesignated) by 

18 inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For pur19 poses of’’; and 

20 (E) in subsection (e) (as so redesignated) by 

21 inserting ‘‘STANDARD AND UNIFORM PROCE22 DURES AND PRACTICES.—’’ before ‘‘The Sec23 retary shall’’. 


pwalker on PROD1PC71 with BILLS
114 

•HR 1495 RH

1 SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT. 

2 (a) IN GENERAL.—In conducting a feasibility study 

3 for the project for navigation, Atchafalaya River, Bayous 

4 Chene, Boeuf, and Black, Louisiana, being conducted under 

5 section 430 of the Water Resources Development Act of 2000 

6 (114 Stat. 2639), the Secretary shall include in the calcula7 tion of national economic development benefits all economic 

8 benefits associated with contracts for new energy explo9 ration and contracts for the fabrication of energy infra10 structure that would result from carrying out the project. 

11 (b) REPEAL.—Section 6009 of the Emergency Supple12 mental Appropriations Act for Defense, the Global War on 

13 Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 

14 Stat. 282) is repealed. 

15 SEC. 2040. USE OF FIRMS EMPLOYING LOCAL RESIDENTS. 

16 (a) CONTRACTS OR AGREEMENTS WITH PRIVATE EN17 TITIES.—In carrying out construction of a water resources 

18 project, the Secretary may enter into a contract or agree19 ment with a private entity only if the private entity pro20 vides assurances satisfactory to the Secretary that, to the 

21 maximum extent practicable— 

22 (1) local residents in the area of the project will 

23 comprise not less than 50 percent of the workforce em24 ployed by the entity to perform the contract or agree25 ment; and 


pwalker on PROD1PC71 with BILLS
115 

•HR 1495 RH

1 (2) local residents in the area of the project will 

2 comprise not less than 50 percent of the workforce em3 ployed by each subcontractor at each tier in connec4 tion with the contract or agreement. 

5 (b) EXEMPTIONS.— 

6 (1) IN GENERAL.—The Secretary may waive the 

7 application of subsection (a) with respect to a con8 tract or agreement if the Secretary determines that 

9 compliance with subsection (a) is not feasible due 

10 to— 

11 (A) a lack of qualified local residents to per12 mit satisfaction of the requirements of subsection 

13 (a); 

14 (B) a lack of sufficient numbers of special15 ized workers necessary to carry out the project; 

16 or 

17 (C) the need to comply with small business 

18 or minority contracting requirements under Fed19 eral law. 

20 (2) DOCUMENTATION.—Any determination by 

21 the Secretary under paragraph (1) to waive the ap22 plication of subsection (a) with respect to a contract 

23 or agreement shall be justified in writing. 


pwalker on PROD1PC71 with BILLS
116 

•HR 1495 RH

1 (c) REGULATIONS.—The Secretary shall issue regula2 tions establishing local residency and other requirements to 

3 facilitate compliance with this section. 

4 (d) PRIOR CONTRACTS.—Nothing in this section shall 

5 be construed to affect any contract or agreement entered 

6 into before the effective date of this section. 

7 (e) EFFECTIVE DATE.—This section shall become effec8 tive 180 days after the date of enactment of this Act. 

9 TITLE III—PROJECT-RELATED 

10 PROVISIONS 

11 SEC. 3001. COOK INLET, ALASKA. 

12 Section 118(a)(3) of the Energy and Water Develop13 ment Appropriations Act, 2005 (title I of division C of the 

14 Consolidated Appropriations Act, 2005; 118 Stat. 2945) is 

15 amended by inserting ‘‘as part of the operation and mainte16 nance of such project modification’’ after ‘‘by the Sec17 retary’’. 

18 SEC. 3002. KING COVE HARBOR, ALASKA. 

19 The maximum amount of Federal funds that may be 

20 expended for the project for navigation, King Cove Harbor, 

21 Alaska, being carried out under section 107 of the River 

22 and Harbor Act of 1960 (33 U.S.C. 577), shall be 

23 $8,000,000. 


pwalker on PROD1PC71 with BILLS
117 

•HR 1495 RH

1 SEC. 3003. SITKA, ALASKA. 

2 The Sitka, Alaska, element of the project for naviga3 tion, Southeast Alaska Harbors of Refuge, Alaska, author4 ized by section 101(1) of the Water Resources Development 

5 Act of 1992 (106 Stat. 4801), is modified to direct the Sec6 retary to take such action as is necessary to correct design 

7 deficiencies in the Sitka Harbor Breakwater, at full Federal 

8 expense. The estimated cost is $6,300,000. 

9 SEC. 3004. TATITLEK, ALASKA. 

10 The maximum amount of Federal funds that may be 

11 expended for the project for navigation, Tatitlek, Alaska, 

12 being carried out under section 107 of the River and Harbor 

13 Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 

14 SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA. 

15 The project for flood damage reduction, Rio De Flag, 

16 Flagstaff, Arizona, authorized by section 101(b)(3) of the 

17 Water Resources Development Act of 2000 (114 Stat. 2576), 

18 is modified to authorize the Secretary to construct the 

19 project at a total cost of $54,100,000, with an estimated 

20 Federal cost of $35,000,000 and a non-Federal cost of 

21 $19,100,000. 

22 SEC. 3006. OSCEOLA HARBOR, ARKANSAS. 

23 (a) IN GENERAL.—The project for navigation, Osceola 

24 Harbor, Arkansas, constructed under section 107 of the 

25 River and Harbor Act of 1960 (33 U.S.C. 577), is modified 

26 to allow non-Federal interests to construct a mooring facilVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
118 

•HR 1495 RH

1 ity within the existing authorized harbor channel, subject 

2 to all necessary permits, certifications, and other require3 ments. 

4 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

5 Nothing in this section shall be construed as affecting the 

6 responsibility of the Secretary to maintain the general 

7 navigation features of the project at a bottom width of 250 

8 feet. 

9 SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. 

10 The Pine Mountain Dam feature of the project for flood 

11 protection, Lee Creek, Arkansas and Oklahoma, authorized 

12 by section 204 of the Flood Control Act of 1965 (79 Stat. 

13 1078), is modified— 

14 (1) to add environmental restoration as a project 

15 purpose; and 

16 (2) to direct the Secretary to finance the non17 Federal share of the cost of the project over a 30-year 

18 period in accordance with section 103(k) of the Water 

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

20 2213(k)). 

21 SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI22 FORNIA. . 

23 (a) IN GENERAL.—The project for flood control, Amer24 ican and Sacramento Rivers, California, authorized by sec25 tion 101(a)(6)(A) of the Water Resources Development Act 


pwalker on PROD1PC71 with BILLS
119 

•HR 1495 RH

1 of 1999 (113 Stat. 274), as modified by section 128 of the 

2 Energy and Water Development Appropriations Act, 2006 

3 (119 Stat. 2259), is further modified to authorize the Sec4 retary to construct the auxiliary spillway generally in ac5 cordance with the Post Authorization Change Report, 

6 American River Watershed Project (Folsom Dam Modifica7 tion and Folsom Dam Raise Projects), dated December 

8 2006, at a total cost of $683,000,000, with an estimated 

9 Federal cost of $444,000,000 and an estimated non-Federal 

10 cost of $239,000,000. 

11 (b) DAM SAFETY ACTIVITIES.—Nothing in this section 

12 shall be construed to limit the authority of the Secretary 

13 of the Interior to carry out dam safety activities in connec14 tion with the auxiliary spillway in accordance with the Bu15 reau of Reclamation Safety of Dams Program. 

16 (c) TRANSFER OF FUNDS.—The Secretary and the Sec17 retary of the Interior are authorized to transfer between 

18 their respective agencies appropriated amounts and other 

19 available funds (including funds contributed by non-Fed20 eral interests) for the purpose of planning, design, and con21 struction of the auxiliary spillway. Any transfer made pur22 suant to this subsection shall be subject to such terms and 

23 conditions as agreed upon by the Secretary and the Sec24 retary of the Interior. 


pwalker on PROD1PC71 with BILLS
120 

•HR 1495 RH

1 SEC. 3009. COMPTON CREEK, CALIFORNIA. 

2 The project for flood control, Los Angeles Drainage 

3 Area, California, authorized by section 101(b) of the Water 

4 Resources Development Act of 1990 (104 Stat. 4611), is 

5 modified to add environmental restoration and recreation 

6 as project purposes. 

7 SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI8 FORNIA. 

9 The project for aquatic ecosystem restoration, Grayson 

10 Creek/Murderer’s Creek, California, being carried out under 

11 section 206 of the Water Resources Development Act of 1996 

12 (33 U.S.C. 2330), is modified— 

13 (1) to direct the Secretary to credit toward the 

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

15 work carried out by the non-Federal interest before 

16 the date of the partnership agreement for the project 

17 if the Secretary determines that the work is integral 

18 to the project; and 

19 (2) to authorize the Secretary to consider na20 tional ecosystem restoration benefits in determining 

21 the Federal interest in the project. 

22 SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA. 

23 The project for environmental restoration, Hamilton 

24 Airfield, California, authorized by section 101(b)(3) of the 

25 Water Resources Development Act of 1999 (113 Stat. 279), 

26 is modified to direct the Secretary to construct the project 


pwalker on PROD1PC71 with BILLS
121 

•HR 1495 RH

1 substantially in accordance with the report of the Chief of 

2 Engineers dated July 19, 2004, at a total cost of 

3 $228,100,000, with an estimated Federal cost of 

4 $171,100,000 and an estimated non-Federal cost of 

5 $57,000,000. 

6 SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCK7 TON SHIP CHANNEL, CALIFORNIA. 

8 The project for navigation, San Francisco to Stockton, 

9 California, authorized by section 301 of the River and Har10 bor Act of 1965 (79 Stat. 1091) is modified— 

11 (1) to provide that the non-Federal share of the 

12 cost of the John F. Baldwin Ship Channel and Stock13 ton Ship Channel element of the project may be pro14 vided in the form of in-kind services and materials; 

15 and 

16 (2) to direct the Secretary to credit toward the 

17 non-Federal share of the cost of such element the cost 

18 of planning and design work carried out by the non19 Federal interest before the date of an agreement for 

20 such planning and design if the Secretary determines 

21 that such work is integral to such element. 

22 SEC. 3013. KAWEAH RIVER, CALIFORNIA. 

23 The project for flood control, Terminus Dam, Kaweah 

24 River, California, authorized by section 101(b)(5) of the 

25 Water Resources Development Act of 1996 (110 Stat. 3658), 


pwalker on PROD1PC71 with BILLS
122 

•HR 1495 RH

1 is modified to direct the Secretary to credit toward the non2 Federal share of the cost of the project, or provide reim3 bursement not to exceed $800,000, for the costs of any work 

4 carried out by the non-Federal interest before, on, or after 

5 the date of the project partnership agreement if the Sec6 retary determines that the work is integral to the project. 

7 SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI8 FORNIA. 

9 The project for navigation, Larkspur Ferry Channel, 

10 Larkspur, California, authorized by section 601(d) of the 

11 Water Resources Development Act of 1986 (100 Stat. 4148), 

12 is modified to direct the Secretary to determine whether 

13 maintenance of the project is feasible, and if the Secretary 

14 determines that maintenance of the project is feasible, to 

15 carry out such maintenance. 

16 SEC. 3015. LLAGAS CREEK, CALIFORNIA. 

17 (a) IN GENERAL.—The project for flood damage reduc18 tion, Llagas Creek, California, authorized by section 501(a) 

19 of the Water Resources Development Act of 1999 (113 Stat. 

20 333), is modified to authorize the Secretary to carry out 

21 the project at a total cost of $105,000,000, with an esti22 mated Federal cost of $65,000,000, and an estimated non23 Federal cost of $40,000,000. 

24 (b) SPECIAL RULE.—In evaluating and implementing 

25 the project, the Secretary shall allow the non-Federal interVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
123 

•HR 1495 RH

1 est to participate in the financing of the project in accord2 ance with section 903(c) of the Water Resources Develop3 ment Act of 1986 (100 Stat. 4184) to the extent that the 

4 Secretary’s evaluation indicates that applying such section 

5 is necessary to implement the project. 

6 SEC. 3016. MAGPIE CREEK, CALIFORNIA. 

7 (a) IN GENERAL.—The project for Magpie Creek, Cali8 fornia, authorized under section 205 of the Flood Control 

9 Act of 1948 (33 U.S.C. 701s), is modified to direct the Sec10 retary to apply the cost-sharing requirements of section 

11 103(b) of the Water Resources Development Act of 1986 

12 (100 Stat. 4085) for the portion of the project consisting 

13 of land acquisition to preserve and enhance existing flood14 water storage. 

15 (b) CREDIT.—The Secretary shall credit toward the 

16 non-Federal share of the cost of the project the cost of plan17 ning and design work carried out by the non-Federal inter18 est before the date of the partnership agreement for the 

19 project if the Secretary determines that the work is integral 

20 to the project. 

21 SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI22 FORNIA. 

23 The project for aquatic ecosystem restoration, Pacific 

24 Flyway Center, Sacramento, California, being carried out 

25 under section 206 of the Water Resources Development Act 


pwalker on PROD1PC71 with BILLS
124 

•HR 1495 RH

1 of 1996 (33 U.S.C. 2330), is modified to authorize the Sec2 retary to expend $2,000,000 to enhance public access to the 

3 project. 

4 SEC. 3018. PINOLE CREEK, CALIFORNIA. 

5 The project for improvement of the quality of the envi6 ronment, Pinole Creek Phase I, California, being carried 

7 out under section 1135 of the Water Resources Development 

8 Act of 1986 (33 U.S.C. 2309a), is modified to direct the 

9 Secretary to credit toward the non-Federal share of the cost 

10 of the project the cost of work carried out by the non-Federal 

11 interest before the date of the partnership agreement for the 

12 project if the Secretary determines that the work is integral 

13 to the project. 

14 SEC. 3019. PRADO DAM, CALIFORNIA. 

15 Upon completion of the modifications to the Prado 

16 Dam element of the project for flood control, Santa Ana 

17 River Mainstem, California, authorized by section 401(a) 

18 of the Water Resources Development Act of 1986 (100 Stat. 

19 4113), the Memorandum of Agreement for the Operation for 

20 Prado Dam for Seasonal Additional Water Conservation 

21 between the Department of the Army and the Orange Coun22 ty Water District (including all the conditions and stipula23 tions in the memorandum) shall remain in effect for vol24 umes of water made available prior to such modifications. 


pwalker on PROD1PC71 with BILLS
125 

•HR 1495 RH

1 SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD 

2 CONTROL, CALIFORNIA. 

3 (a) DETERMINATION OF FEDERAL COSTS PAID BY

4 NON-FEDERAL INTEREST.— 

5 (1) FEDERAL COSTS PAID BY NON-FEDERAL IN6 TEREST.—The Secretary shall determine the amount 

7 paid by the Sacramento Area Flood Control Agency 

8 towards the Federal share of the cost of the project for 

9 the Natomas levee features authorized by section 

10 9159(b) of the Department of Defense Appropriations 

11 Act, 1993 (106 Stat. 1944) of the project for flood con12 trol and recreation, Sacramento and American Riv13 ers, California. 

14 (2) REIMBURSEMENTS TO NON-FEDERAL INTER15 EST.—The Secretary shall determine the amount of 

16 reimbursements paid to the Sacramento Flood Control 

17 Agency for payment of the Federal share of the cost 

18 of the project referred to in paragraph (1). 

19 (3) DETERMINATION OF FEDERAL SHARE.—In 

20 carrying out paragraph (1), the Secretary shall in21 clude in the total cost of the project all costs of the 

22 following activities that the Secretary determines to 

23 be integral to the project: 

24 (A) Planning, engineering, and construc25 tion. 


pwalker on PROD1PC71 with BILLS
126 

•HR 1495 RH

1 (B) Acquisition of project lands, easements, 

2 and rights-of-way. 

3 (C) Performance of relocations. 

4 (D) Environmental mitigation for all 

5 project elements. 

6 (b) CREDIT.— 

7 (1) IN GENERAL.—The Secretary shall credit to8 ward the non-Federal share of the cost of any flood 

9 damage reduction project, authorized before the date 

10 of enactment of this Act, for which the non-Federal 

11 interest is the Sacramento Area Flood Control Agency 

12 an amount equal to the total amount determined 

13 under subsection (a)(1) reduced by the amount deter14 mined under subsection (a)(2). 

15 (2) ALLOCATION OF CREDIT.—The Secretary 

16 shall allocate the amount to be credited under para17 graph (1) toward the non-Federal share of such 

18 projects as are requested by the Sacramento Area 

19 Flood Control Agency. 

20 SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, 

21 CALIFORNIA. 

22 The project for navigation, Sacramento Deep Water 

23 Ship Channel, California, authorized by section 202(a) of 

24 the Water Resources Development Act of 1986 (100 Stat. 

25 4092), is modified to direct the Secretary to credit toward 


pwalker on PROD1PC71 with BILLS
127 

•HR 1495 RH

1 the non-Federal share of the cost of the project the cost of 

2 planning and design work carried out by the non-Federal 

3 interest before the date of the partnership agreement for the 

4 project if the Secretary determines that the work is integral 

5 to the project. 

6 SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA. 

7 The project for navigation, Santa Cruz Harbor, Cali8 fornia, authorized by section 101 of the River and Harbor 

9 Act of 1958 (72 Stat. 300) and modified by section 809 

10 of the Water Resources Development Act of 1986 (100 Stat. 

11 4168) and section 526 of the Water Resources Development 

12 Act of 1999 (113 Stat. 346), is modified to direct the Sec13 retary— 

14 (1) to renegotiate the memorandum of agreement 

15 with the non-Federal interest to increase the annual 

16 payment to reflect the updated cost of operation and 

17 maintenance that is the Federal and non-Federal 

18 share as provided by law based on the project pur19 pose; and 

20 (2) to revise the memorandum of agreement to 

21 include terms that revise such payments for inflation. 

22 SEC. 3023. SEVEN OAKS DAM, CALIFORNIA. 

23 The project for flood control, Santa Ana Mainstem, au24 thorized by section 401(a) of the Water Resources Develop25 ment Act of 1986 (100 Stat. 4113) and modified by section 


pwalker on PROD1PC71 with BILLS
128 

•HR 1495 RH

1 104 of the Energy and Water Development Appropriations 

2 Act, 1988 (101 Stat. 1329–11), section 102(e) of the Water 

3 Resources Development Act of 1990 (104 Stat. 4611), and 

4 section 311 of the Water Resources Development Act of 1996 

5 (110 Stat. 3713), is further modified to direct the Secretary 

6 to conduct a study for the reallocation of water storage at 

7 the Seven Oaks Dam, California, for water conservation. 

8 SEC. 3024. UPPER GUADALUPE RIVER, CALIFORNIA. 

9 The project for flood damage reduction and recreation, 

10 Upper Guadalupe River, California, authorized by section 

11 101(a)(9) of the Water Resources Development Act of 1999 

12 (113 Stat. 275), is modified to authorize the Secretary to 

13 construct the project generally in accordance with the 

14 Upper Guadalupe River Flood Damage Reduction, San 

15 Jose, California, Limited Reevaluation Report, dated 

16 March, 2004, at a total cost of $244,500,000. 

17 SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA. 

18 The project for aquatic ecosystem restoration, Walnut 

19 Creek Channel, California, being carried out under section 

20 206 of the Water Resources Development Act of 1996 (33 

21 U.S.C. 2330), is modified— 

22 (1) to direct the Secretary to credit toward the 

23 non-Federal share of the cost of the project the cost of 

24 work carried out by the non-Federal interest before 

25 the date of the partnership agreement for the project 


pwalker on PROD1PC71 with BILLS
129 

•HR 1495 RH

1 if the Secretary determines that the work is integral 

2 to the project; and 

3 (2) to authorize the Secretary to consider na4 tional ecosystem restoration benefits in determining 

5 the Federal interest in the project. 

6 SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALI7 FORNIA. 

8 The project for improvement of the quality of the envi9 ronment, Wildcat/San Pablo Creek Phase I, California, 

10 being carried out under section 1135 of the Water Resources 

11 Development Act of 1986 (33 U.S.C. 2309a), is modified 

12 to direct the Secretary to credit toward the non-Federal 

13 share of the cost of the project the cost of work carried out 

14 by the non-Federal interest before the date of the partner15 ship agreement for the project if the Secretary determines 

16 that the work is integral to the project. 

17 SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALI18 FORNIA. 

19 The project for aquatic ecosystem restoration, Wildcat/ 

20 San Pablo Creek Phase II, California, being carried out 

21 under section 206 of the Water Resources Development Act 

22 of 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

23 to credit toward the non-Federal share of the cost of the 

24 project the cost of work carried out by the non-Federal in25 terest before the date of the partnership agreement for the 


pwalker on PROD1PC71 with BILLS
130 

•HR 1495 RH

1 project if the Secretary determines that the work is integral 

2 to the project and to authorize the Secretary to consider 

3 national ecosystem restoration benefits in determining the 

4 Federal interest in the project. 

5 SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

6 The project for flood damage reduction, Yuba River 

7 Basin, California, authorized by section 101(a)(10) of the 

8 Water Resources Development Act of 1999 (113 Stat. 275), 

9 is modified— 

10 (1) to authorize the Secretary to construct the 

11 project at a total cost of $107,700,000, with an esti12 mated Federal cost of $70,000,000 and an estimated 

13 non-Federal cost of $37,700,000; and 

14 (2) to direct the Secretary to credit toward the 

15 non-Federal share of the cost of the project the cost of 

16 work carried out by the non-Federal interest before 

17 the date of the partnership agreement for the project 

18 if the Secretary determines that the work is integral 

19 to the project. 

20 SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO. 

21 Section 808 of the Water Resources Development Act 

22 of 1986 (100 Stat. 4168) is amended by striking ‘‘agri23 culture,’’ and inserting ‘‘agriculture, environmental res24 toration,’’. 


pwalker on PROD1PC71 with BILLS
131 

•HR 1495 RH

1 SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER 

2 TO CHESAPEAKE BAY, DELAWARE AND MARY3 LAND. 

4 The project for navigation, Intracoastal Waterway, 

5 Delaware River to Chesapeake Bay, Delaware and Mary6 land, authorized by the first section of the Rivers and Har7 bors Act of August 30, 1935 (49 Stat. 1030), and section 

8 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

9 is modified to add recreation as a project purpose. 

10 SEC. 3031. BREVARD COUNTY, FLORIDA. 

11 (a) SHORELINE.—The project for shoreline protection, 

12 Brevard County, Florida, authorized by section 101(b)(7) 

13 of the Water Resources Development Act of 1996 (110 Stat. 

14 3667), is modified— 

15 (1) to direct the Secretary to establish the reach 

16 of the project as the reach between the Florida depart17 ment of environmental protection monuments 75.4 to 

18 118.3, a distance of 7.6 miles; and 

19 (2) to direct the Secretary to expedite the general 

20 reevaluation report required by section 418 of the 

21 Water Resources Development Act of 2000 (114 Stat. 

22 2637). 

23 (b) CREDIT.—Section 310 of the Water Resources De24 velopment Act of 1999 (113 Stat. 301) is amended by add25 ing at the end the following: 


pwalker on PROD1PC71 with BILLS
132 

•HR 1495 RH

1 ‘‘(d) CREDIT.—After completion of the study, the Sec2 retary shall credit toward the non-Federal share of the cost 

3 of the project for shore protection the cost of nourishment 

4 and renourishment associated with the project for shore pro5 tection incurred by the non-Federal interest to respond to 

6 damages to Brevard County beaches that are the result of 

7 a Federal navigation project, as determined in the final re8 port for the study.’’. 

9 SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, 

10 FLORIDA. 

11 The project for shore protection, Broward County and 

12 Hillsboro Inlet, Florida, authorized by section 301 of the 

13 River and Harbor Act of 1965 (79 Stat. 1090), and modi14 fied by section 311 of the Water Resources Development Act 

15 of 1999 (113 Stat. 301), is further modified to direct the 

16 Secretary to credit toward the non-Federal share of the cost 

17 of the project the cost of mitigation construction and derelict 

18 erosion control structure removal carried out by the non19 Federal interest before the date of the partnership agreement 

20 for the project if the Secretary determines that the work is 

21 integral to the project. 

22 SEC. 3033. CANAVERAL HARBOR, FLORIDA. 

23 In carrying out the project for navigation, Canaveral 

24 Harbor, Florida, authorized by section 101 of the River and 


pwalker on PROD1PC71 with BILLS
133 

•HR 1495 RH

1 Harbor Act of 1962 (76 Stat. 1174), the Secretary shall con2 struct a sediment trap. 

3 SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

4 The project for shore protection, Gasparilla and Estero 

5 Island segments, Lee County, Florida, authorized by section 

6 201 of the Flood Control Act of 1965 (79 Stat. 1073), by 

7 Senate Resolution dated December 17, 1970, and by House 

8 Resolution dated December 15, 1970, and modified by sec9 tion 309 of the Water Resources Development Act of 2000 

10 (114 Stat. 2602), is further modified to direct the Secretary 

11 to credit toward the non-Federal share of the cost of the 

12 project the cost of work carried out by the non-Federal in13 terest before the date of the partnership agreement for the 

14 project if the Secretary determines that the work is integral 

15 to the project. 

16 SEC. 3035. JACKSONVILLE HARBOR, FLORIDA. 

17 (a) IN GENERAL.—The project for navigation, Jack18 sonville Harbor, Florida, authorized by section 101(a)(17) 

19 of the Water Resources Development Act of 1999 (113 Stat. 

20 276), is modified to authorize the Secretary to extend the 

21 navigation features in accordance with the Report of the 

22 Chief of Engineers, dated July 22, 2003, at a total cost of 

23 $14,658,000, with an estimated Federal cost of $9,636,000 

24 and an estimated non-Federal cost of $5,022,000. 


pwalker on PROD1PC71 with BILLS
134 

•HR 1495 RH

1 (b) GENERAL REEVALUATION REPORTS.—The non2 Federal share of the cost of the general reevaluation report 

3 that resulted in the report of the Chief of Engineers for the 

4 project and the non-Federal share of the cost of the general 

5 reevaluation report for Jacksonville Harbor, Florida, being 

6 conducted on June 1, 2005, shall each be the same percent7 age as the non-Federal share of the cost of construction of 

8 the project. 

9 (c) AGREEMENT.—The Secretary shall enter into new 

10 partnership agreements with the non-Federal interest to re11 flect the cost sharing required by subsection (b). 

12 SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA. 

13 (a) IN GENERAL.—The project for shore protection, 

14 Lido Key Beach, Sarasota, Florida, authorized by section 

15 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

16 deauthorized under section 1001(b) of the Water Resources 

17 Development Act of 1986 (33 U.S.C. 579a(b)), and reau18 thorized by section 364(2)(A) of the Water Resources Devel19 opment Act of 1999 (113 Stat. 313), is modified to direct 

20 the Secretary to construct the project substantially in ac21 cordance with the report of the Chief of Engineers dated 

22 December 22, 2004, at a total cost of $15,190,000, with an 

23 estimated Federal cost of $9,320,000 and an estimated non24 Federal cost of $5,870,000, and at an estimated total cost 


pwalker on PROD1PC71 with BILLS
135 

•HR 1495 RH

1 of $65,000,000 for periodic nourishment over the 50-year 

2 life of the project. 

3 (b) CONSTRUCTION OF SHORELINE PROTECTION

4 PROJECTS BY NON-FEDERAL INTERESTS.—The Secretary 

5 shall enter into a partnership agreement with the non-Fed6 eral interest in accordance with section 206 of the Water 

7 Resources Development Act of 1992 (33 U.S.C. 426i–1) for 

8 the modified project. 

9 SEC. 3037. MIAMI HARBOR, FLORIDA. 

10 The project for navigation, Miami Harbor Channel, 

11 Florida, authorized by section 101(a)(9) of the Water Re12 sources Development Act of 1990 (104 Stat. 4606) and 

13 modified by section 315 of the Water Resources Development 

14 Act of 1999 (113 Stat. 302), is further modified— 

15 (1) to include as a project purpose environ16 mental mitigation required before July 18, 2003, by 

17 a Federal, State, or local environmental agency for 

18 unauthorized or unanticipated environmental im19 pacts within, or in the vicinity of, the authorized 

20 project; and 

21 (2) to direct the Secretary to reimburse the non22 Federal interest for the Federal share of the costs the 

23 non-Federal interest has incurred in construction of 

24 the project (including environmental mitigation costs 

25 and costs incurred for incomplete usable increments of 


pwalker on PROD1PC71 with BILLS
136 

•HR 1495 RH

1 the project) in accordance with section 204 of the 

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

3 2232). 

4 SEC. 3038. PEANUT ISLAND, FLORIDA. 

5 The maximum amount of Federal funds that may be 

6 expended for the project for improvement of the quality of 

7 the environment, Peanut Island, Palm Beach County, Flor8 ida, being carried out under section 1135 of the Water Re9 sources Development Act of 1986 (33 U.S.C. 2309a) shall 

10 be $9,750,000. 

11 SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

12 The project for navigation, Tampa Harbor-Big Bend 

13 Channel, Florida, authorized by section 101(a)(18) of the 

14 Water Resources Development Act of 1999 (113 Stat. 276) 

15 is modified to direct the Secretary to credit toward the non16 Federal share of the cost of the project the cost of planning, 

17 design, and construction work carried out by the non-Fed18 eral interest before the date of the partnership agreement 

19 for the project if the Secretary determines that the work is 

20 integral to the project. 

21 SEC. 3040. TAMPA HARBOR CUT B, FLORIDA. 

22 (a) IN GENERAL.—The project for navigation, Tampa 

23 Harbor, Florida, authorized by section 101 of the River and 

24 Harbor Act of 1970 (84 Stat. 1818), is modified to author25 ize the Secretary to construct passing lanes in an area apVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
137 

•HR 1495 RH

1 proximately 3.5 miles long and centered on Tampa Harbor 

2 Cut B if the Secretary determines that such improvements 

3 are necessary for navigation safety. 

4 (b) GENERAL REEVAULATION REPORT.—The non-Fed5 eral share of the cost of the general reevaluation report for 

6 Tampa Harbor, Florida, being conducted on June 1, 2005, 

7 shall be the same percentage as the non-Federal share of 

8 the cost of construction of the project. 

9 (c) AGREEMENT.—The Secretary shall enter into a 

10 new partnership agreement with the non-Federal interest 

11 to reflect the cost sharing required by subsection (b). 

12 SEC. 3041. ALLATOONA LAKE, GEORGIA. 

13 (a) LAND EXCHANGE.— 

14 (1) IN GENERAL.—The Secretary may exchange 

15 lands above 863 feet in elevation at Allatoona Lake, 

16 Georgia, identified in the Real Estate Design Memo17 randum prepared by the Mobile district engineer, 

18 April 5, 1996, and approved October 8, 1996, for 

19 lands on the north side of Allatoona Lake that are 

20 needed for wildlife management and for protection of 

21 the water quality and overall environment of 

22 Allatoona Lake. 

23 (2) TERMS AND CONDITIONS.—The basis for all 

24 land exchanges under this subsection shall be a fair 


pwalker on PROD1PC71 with BILLS
138 

•HR 1495 RH

1 market appraisal so that lands exchanged are of equal 

2 value. 

3 (b) DISPOSAL AND ACQUISITION OF LANDS, 

4 ALLATOONA LAKE, GEORGIA.— 

5 (1) IN GENERAL.—The Secretary may also sell 

6 lands above 863 feet in elevation at Allatoona Lake, 

7 Georgia, identified in the memorandum referred to in 

8 subsection (a)(1) and may use the proceeds to pay 

9 costs associated with the purchase of lands needed for 

10 wildlife management and for protection of the water 

11 quality and overall environment of Allatoona Lake. 

12 (2) TERMS AND CONDITIONS.—Land sales and 

13 purchases to be conducted under this subsection shall 

14 be subject to the following terms and conditions: 

15 (A) Lands acquired under this subsection 

16 shall be by negotiated purchase from willing sell17 ers only. 

18 (B) The basis for all transactions under the 

19 program shall be a fair market appraisal accept20 able to the Secretary. 

21 (C) The purchasers shall share in the associ22 ated real estate costs, to include surveys and as23 sociated fees in accordance with the memo24 randum referred to in subsection (a)(1). 


pwalker on PROD1PC71 with BILLS
139 

•HR 1495 RH

1 (D) Any other conditions that the Secretary 

2 may impose. 

3 (c) REPEAL.—Section 325 of the Water Resources De4 velopment Act of 1992 (106 Stat. 4849) is repealed. 

5 SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

6 The maximum amount of Federal funds that may be 

7 expended for the project for improvement of the quality of 

8 the environment, Latham River, Glynn County, Georgia, 

9 being carried out under section 1135 of the Water Resources 

10 Development Act of 1986 (33 U.S.C. 2309a) shall be 

11 $6,175,000. 

12 SEC. 3043. DWORSHAK DAM AND RESERVOIR IMPROVE13 MENTS, IDAHO. 

14 The Secretary may carry out improvements to rec15 reational facilities at the Dworshak Dam and Reservoir, 

16 North Fork, Clearwater River, Idaho, authorized by section 

17 203 of the Flood Control Act of 1962 (76 Stat. 1193), to 

18 accommodate lower pool levels. 

19 SEC. 3044. BEARDSTOWN COMMUNITY BOAT HARBOR, 

20 BEARDSTOWN, ILLINOIS. 

21 (a) IN GENERAL.—The project for navigation, 

22 Muscooten Bay, Illinois River, Beardstown Community 

23 Boat Harbor, Beardstown, Illinois, constructed under sec24 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

25 577), is modified— 


pwalker on PROD1PC71 with BILLS
140 

•HR 1495 RH

1 (1) to include the channel between the harbor 

2 and the Illinois River; and 

3 (2) to direct the Secretary to enter into a part4 nership agreement with the city of Beardstown to re5 place the local cooperation agreement dated August 

6 18, 1983, with the Beardstown Community Park Dis7 trict. 

8 (b) TERMS OF PARTNERSHIP AGREEMENT.—The part9 nership agreement referred to in subsection (a) shall include 

10 the same rights and responsibilities as the local cooperation 

11 agreement dated August 18, 1983, changing only the iden12 tity of the non-Federal sponsor. 

13 (c) MAINTENANCE.—Following execution of the part14 nership agreement referred to in subsection (a), the Sec15 retary may carry out maintenance of the project referred 

16 to in subsection (a) on an annual basis. 

17 SEC. 3045. CACHE RIVER LEVEE, ILLINOIS. 

18 The Cache River Levee constructed for flood control at 

19 the Cache River, Illinois, and authorized by the Act of June 

20 28, 1938 (52 Stat. 1217), is modified to add environmental 

21 restoration as a project purpose. 

22 SEC. 3046. CHICAGO RIVER, ILLINOIS. 

23 The navigation channel for the North Branch Canal 

24 portion of the Chicago River, authorized by the first section 

25 of the Rivers and Harbors Appropriations Act of March 3, 


pwalker on PROD1PC71 with BILLS
141 

•HR 1495 RH

1 1899 (30 Stat. 1129), extending from 100 feet downstream 

2 of the Halsted Street Bridge to 100 feet upstream of the 

3 Division Street Bridge is modified to be no wider than 66 

4 feet. 

5 SEC. 3047. CHICAGO SANITARY AND SHIP CANAL DISPERSAL 

6 BARRIERS PROJECT, ILLINOIS. 

7 (a) TREATMENT AS SINGLE PROJECT.—The Chicago 

8 Sanitary and Ship Canal Dispersal Barrier Project (in this 

9 section referred to as ‘‘Barrier I’’) (as in existence on the 

10 date of enactment of this Act), constructed as a demonstra11 tion project under section 1202(i)(3) of the Nonindigenous 

12 Aquatic Nuisance Prevention and Control Act of 1990 (16 

13 U.S.C. 4722(i)(3)), and the project relating to the Chicago 

14 Sanitary and Ship Canal Dispersal Barrier, authorized by 

15 section 345 of the District of Columbia Appropriations Act, 

16 2005 (Public Law 108–335; 118 Stat. 1352) (in this section 

17 referred to as ‘‘Barrier II’’), shall be considered to constitute 

18 a single project. 

19 (b) AUTHORIZATION.— 

20 (1) IN GENERAL.—The Secretary, at Federal ex21 pense, shall— 

22 (A) upgrade and make permanent Barrier 

23 I; 


pwalker on PROD1PC71 with BILLS
142 

•HR 1495 RH

1 (B) construct Barrier II, notwithstanding 

2 the project cooperation agreement with the State 

3 of Illinois dated June 14, 2005; 

4 (C) operate and maintain Barrier I and 

5 Barrier II as a system to optimize effectiveness; 

6 (D) conduct, in consultation with appro7 priate Federal, State, local, and nongovern8 mental entities, a study of a range of options 

9 and technologies for reducing impacts of hazards 

10 that may reduce the efficacy of the Barriers; and 

11 (E) 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 provided to the State under paragraph (1)(E) 

16 to any cost sharing responsibility for an existing or 

17 future Federal project carried out by the Secretary in 

18 the State. 

19 (c) CONFORMING AMENDMENT.—Section 345 of the 

20 District of Columbia Appropriations Act, 2005 (Public Law 

21 108–335; 118 Stat. 1352), is amended to read as follows: 

22 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL 

23 BARRIER, ILLINOIS. 

24 ‘‘There are authorized to be appropriated such sums 

25 as may be necessary to carry out the Barrier II project of 


pwalker on PROD1PC71 with BILLS
143 

•HR 1495 RH

1 the project for the Chicago Sanitary and Ship Canal Dis2 persal Barrier, Illinois, initiated pursuant to section 1135 

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

4 2294 note; 100 Stat. 4251).’’. 

5 (d) FEASIBILITY STUDY.—The Secretary, in consulta6 tion with appropriate Federal, State, local, and nongovern7 mental entities, shall conduct, at Federal expense, a feasi8 bility study of the range of options and technologies avail9 able to prevent the spread of aquatic nuisance species be10 tween the Great Lakes and Mississippi River Basins 

11 through the Chicago Sanitary and Ship Canal and other 

12 pathways. 

13 SEC. 3048. EMIQUON, ILLINOIS. 

14 (a) MAXIMUM AMOUNT.—The maximum amount of 

15 Federal funds that may be expended for the project for 

16 aquatic ecosystem restoration, Emiquon, Illinois, being car17 ried out under section 206 of the Water Resources Develop18 ment Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. 

19 (b) LIMITATION.—Nothing in this section shall affect 

20 the eligibility of the project for emergency repair assistance 

21 under section 5(a) of the Act entitled ‘‘An Act authorizing 

22 the construction of certain public works on rivers and har23 bors for flood control, and for other purposes’’, approved 

24 August 18, 1941 (33 U.S.C. 701n). 


pwalker on PROD1PC71 with BILLS
144 

•HR 1495 RH

1 SEC. 3049. LASALLE, ILLINOIS. 

2 In carrying out section 312 of the Water Resources De3 velopment Act of 1990 (104 Stat. 4639–4640), the Secretary 

4 shall give priority to work in the vicinity of LaSalle, Illi5 nois, on the Illinois and Michigan Canal. 

6 SEC. 3050. SPUNKY BOTTOMS, ILLINOIS. 

7 (a) PROJECT PURPOSE.—The project for flood control, 

8 Spunky Bottoms, Illinois, authorized by section 5 of the 

9 Flood Control Act of June 22, 1936 (49 Stat. 1583), is 

10 modified to add environmental restoration as a project pur11 pose. 

12 (b) MAXIMUM AMOUNT.—The maximum amount of 

13 Federal funds that may be expended for the project for im14 provement of the quality of the environment, Spunky Bot15 toms, Illinois, being carried out under section 1135 of the 

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

17 2309a), shall be $7,500,000. 

18 (c) LIMITATION.—Nothing in this section shall affect 

19 the eligibility of the project for emergency repair assistance 

20 under section 5(a) of the Act entitled ‘‘An Act authorizing 

21 the construction of certain public works on rivers and har22 bors for flood control, and for other purposes’’, approved 

23 August 18, 1941 (33 U.S.C. 701n). 

24 SEC. 3051. FORT WAYNE AND VICINITY, INDIANA. 

25 The project for flood control Fort Wayne, St. Mary’s 

26 and Maumee Rivers, Indiana, authorized by section 


pwalker on PROD1PC71 with BILLS
145 

•HR 1495 RH

1 101(a)(11) of the Water Resources Development Act of 1990 

2 (104 Stat. 4604), is modified— 

3 (1) to direct the Secretary to provide a 100-year 

4 level of flood protection at the Berry-Thieme, Park5 Thompson, Woodhurst, and Tillman sites along the 

6 St. Mary’s River, Fort Wayne and vicinity, Indiana, 

7 at a total cost of $5,300,000; and 

8 (2) to allow the non-Federal interest to partici9 pate in the financing of the project in accordance 

10 with section 903(c) of the Water Resources Develop11 ment Act of 1986 (100 Stat. 4184) to the extent that 

12 the Secretary’s evaluation indicates that applying 

13 such section is necessary to implement the project. 

14 SEC. 3052. KOONTZ LAKE, INDIANA. 

15 The project for aquatic ecosystem restoration, Koontz 

16 Lake, Indiana, being carried out under section 206 of the 

17 Water Resources Development Act of 1996 (33 U.S.C. 2330) 

18 and modified by section 520 of the Water Resources Devel19 opment Act of 2000 (114 Stat. 2655), is further modified 

20 to direct the Secretary to seek to reduce the cost of the 

21 project by using innovative technologies and cost reduction 

22 measures determined from a review of non-Federal lake 

23 dredging projects in the vicinity of Koontz Lake. 


pwalker on PROD1PC71 with BILLS
146 

•HR 1495 RH

1 SEC. 3053. WHITE RIVER, INDIANA. 

2 The project for flood control, Indianapolis on West 

3 Fork of White River, Indiana, authorized by section 5 of 

4 the Act entitled ‘‘An Act authorizing the construction of cer5 tain public works on rivers and harbors for flood control, 

6 and for other purposes’’, approved June 22, 1936 (49 Stat. 

7 1586), and modified by section 323 of the Water Resources 

8 Development Act of 1996 (110 Stat. 3716) and section 322 

9 of the Water Resources Development Act of 1999 (113 Stat. 

10 303–304), is further modified— 

11 (1) to authorize the Secretary to undertake the 

12 riverfront alterations described in the Central Indian13 apolis Waterfront Concept Plan, dated February 

14 1994, for the Fall Creek Reach feature at a total cost 

15 of $28,545,000; and 

16 (2) to direct the Secretary to credit toward the 

17 non-Federal share of the cost of the project the cost of 

18 planning, design, and construction work carried out 

19 by the non-Federal interest before the date of the part20 nership agreement for the project if the Secretary de21 termines that the work is integral to the project. 

22 SEC. 3054. DES MOINES RIVER AND GREENBELT, IOWA. 

23 The project for the Des Moines Recreational River and 

24 Greenbelt, Iowa, authorized by Public Law 99–88 and 

25 modified by section 604 of the Water Resources Development 

26 Act of 1986 (100 Stat. 4153), is modified to include enVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
147 

•HR 1495 RH

1 hanced public access and recreational enhancements, at a 

2 Federal cost of $3,000,000. 

3 SEC. 3055. PRESTONSBURG, KENTUCKY. 

4 The Prestonsburg, Kentucky, element of the project for 

5 flood control, Levisa and Tug Fork of the Big Sandy and 

6 Cumberland Rivers, West Virginia, Virginia, and Ken7 tucky, authorized by section 202(a) of the Energy and 

8 Water Development Appropriations Act, 1981 (94 Stat. 

9 1339), is modified to direct the Secretary to take measures 

10 to provide a 100-year level of flood protection for the city 

11 of Prestonsburg. 

12 SEC. 3056. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

13 EAST BATON ROUGE PARISH WATERSHED. 

14 The project for flood damage reduction and recreation, 

15 Amite River and Tributaries, Louisiana, East Baton Rouge 

16 Parish Watershed, authorized by section 101(a)(21) of the 

17 Water Resources Development Act of 1999 (113 Stat. 277) 

18 and modified by section 116 of division D of Public Law 

19 108–7 (117 Stat. 140), is further modified— 

20 (1) to direct the Secretary to carry out the 

21 project with the cost sharing for the project deter22 mined in accordance with section 103(a) of the Water 

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

24 2213(a)), as in effect on October 11, 1996; 


pwalker on PROD1PC71 with BILLS
148 

•HR 1495 RH

1 (2) to authorize the Secretary to construct the 

2 project at a total cost of $187,000,000; and 

3 (3) to direct the Secretary to credit toward the 

4 non-Federal share of the cost of the project the cost of 

5 work carried out by the non-Federal interest before 

6 the date of the partnership agreement for the project 

7 if the Secretary determines that the work is integral 

8 to the project. 

9 SEC. 3057. ATCHAFALAYA BASIN, LOUISIANA. 

10 (a) IN GENERAL.—Section 315(a)(1) of the Water Re11 sources Development Act of 2000 (114 Stat. 2603–2604) is 

12 amended to read as follows: 

13 ‘‘(1) is authorized to study, design, construct, op14 erate, and maintain, at Federal expense, a Type A 

15 Regional Visitor Center in the vicinity of Morgan 

16 City, Louisiana, in consultation with the State of 

17 Louisiana, to provide information to the public on 

18 the Atchafalaya River system and other associated 

19 waterways that have influenced surrounding commu20 nities, and national and local water resources devel21 opment of the Army Corps of Engineers in South 

22 Central Louisiana; and’’. 

23 (b) TECHNICAL CORRECTION.—Section 315(b) of such 

24 Act is amended by striking ‘‘(a)’’ and inserting ‘‘(a)(2)’’. 


pwalker on PROD1PC71 with BILLS
149 

•HR 1495 RH

1 (c) DONATIONS.—Section 315 of such Act is amended 

2 by adding at the end the following: 

3 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 

4 the Mississippi River Commission is authorized to accept 

5 the donation of cash, funds, lands, materials, and services 

6 from non-Federal governmental entities and nonprofit cor7 porations.’’. 

8 SEC. 3058. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU9 ISIANA. 

10 The public access feature of the Atchafalaya Basin 

11 Floodway System project, Louisiana, authorized by section 

12 601(a) of the Water Resources Development Act 1986 (100 

13 Stat. 4142), is modified to authorize the Secretary to ac14 quire from willing sellers the fee interest, exclusive of oil, 

15 gas, and minerals, of an additional 20,000 acres of land 

16 within the Lower Atchafalaya Basin Floodway for the pub17 lic access feature of the Atchafalaya Basin Floodway Sys18 tem, to enhance fish and wildlife resources, at a total cost 

19 of $4,000,000. 

20 SEC. 3059. BAYOU PLAQUEMINE, LOUISIANA. 

21 The project for the improvement of the quality of the 

22 environment, Bayou Plaquemine, Louisiana, being carried 

23 out under section 1135 of the Water Resources Development 

24 Act of 1986 (33 U.S.C. 2309a), is modified to direct the 

25 Secretary to credit toward the non-Federal share of the cost 


pwalker on PROD1PC71 with BILLS
150 

•HR 1495 RH

1 of the project the cost of work carried out by the non-Federal 

2 interest before the date of the partnership agreement for the 

3 project if the Secretary determines that the work is integral 

4 to the project. 

5 SEC. 3060. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

6 RIVER TO SHREVEPORT, LOUISIANA. 

7 The project for mitigation of fish and wildlife losses, 

8 J. Bennett Johnston Waterway, Mississippi River to 

9 Shreveport, Louisiana, authorized by section 601(a) of the 

10 Water Resources Development Act of 1986 (100 Stat. 4142) 

11 and modified by section 4(h) of the Water Resources Devel12 opment Act of 1988 (102 Stat. 4016), section 102(p) of the 

13 Water Resources Development Act of 1990 (104 Stat. 4613), 

14 section 301(b)(7) of the Water Resources Development Act 

15 of 1996 (110 Stat. 3710), and section 316 of the Water Re16 sources Development Act of 2000 (114 Stat. 2572), is fur17 ther modified— 

18 (1) to authorize the purchase and reforesting of 

19 lands that have been cleared or converted to agricul20 tural uses; and 

21 (2) to incorporate current wildlife and forestry 

22 management practices for the purpose of improving 

23 species diversity on mitigation lands that meet Fed24 eral and State of Louisiana habitat goals and objec25 tives. 


pwalker on PROD1PC71 with BILLS
151 

•HR 1495 RH

1 SEC. 3061. MELVILLE, LOUISIANA. 

2 Section 315(a)(2) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2603) is amended by inserting before 

4 the period at the end the following: ‘‘and may include the 

5 town of Melville, Louisiana, as one of the alternative sites’’. 

6 SEC. 3062. MISSISSIPPI DELTA REGION, LOUISIANA. 

7 The Mississippi Delta Region project, Louisiana, au8 thorized as part of the project for hurricane-flood protection 

9 on Lake Pontchartrain, Louisiana, by section 204 of the 

10 Flood Control Act of 1965 (79 Stat. 1077) and modified 

11 by section 365 of the Water Resources Development Act of 

12 1996 (110 Stat. 3739), is further modified to direct the Sec13 retary to credit toward the non-Federal share of the cost 

14 of the project the costs of relocating oyster beds in the Davis 

15 Pond project area if the Secretary determines that the work 

16 is integral to the Mississippi Delta Region project. 

17 SEC. 3063. NEW ORLEANS TO VENICE, LOUISIANA. 

18 The New Orleans to Venice, Louisiana, project for hur19 ricane protection, authorized by section 203 of the Flood 

20 Control Act of 1962 (76 Stat. 1184), is modified to author21 ize the Secretary to carry out the work on the St. Jude to 

22 City Price, Upper Reach A back levee. The Federal share 

23 of the cost of such work shall be 70 percent. 


pwalker on PROD1PC71 with BILLS
152 

•HR 1495 RH

1 SEC. 3064. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF 

2 HARVEY CANAL), LOUISIANA. 

3 Section 328 of the Water Resources Development Act 

4 of 1999 (113 Stat. 304–305) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘operation and mainte7 nance’’ and inserting ‘‘operation, maintenance, 

8 rehabilitation, repair, and replacement’’; and 

9 (B) by striking ‘‘Algiers Channel’’ and in10 serting ‘‘Algiers Canal Levees’’; and 

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

12 ‘‘(c) COST SHARING.—The non-Federal share of the 

13 cost of the project shall be 35 percent.’’. 

14 SEC. 3065. CAMP ELLIS, SACO, MAINE. 

15 The maximum amount of Federal funds that may be 

16 expended for the project being carried out under section 111 

17 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for 

18 the mitigation of shore damages attributable to the project 

19 for navigation, Camp Ellis, Saco, Maine, shall be 

20 $26,900,000. 

21 SEC. 3066. DETROIT RIVER SHORELINE, DETROIT, MICHI22 GAN. 

23 (a) IN GENERAL.—The project for emergency 

24 streambank and shoreline protection, Detroit River Shore25 line, Detroit, Michigan, being carried out under section 14 


pwalker on PROD1PC71 with BILLS
153 

•HR 1495 RH

1 of the Flood Control Act of 1946 (33 U.S.C. 701r), is modi2 fied to include measures to enhance public access. 

3 (b) MAXIMUM FEDERAL EXPENDITURE.—The max4 imum amount of Federal funds that may be expended for 

5 the project shall be $3,000,000. 

6 SEC. 3067. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI7 GAN. 

8 Section 426 of the Water Resources Development Act 

9 of 1999 (113 Stat. 326) is amended to read as follows: 

10 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN. 

11 ‘‘(a) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage14 ment plan’ means the management plan for the St. 

15 Clair River and Lake St. Clair, Michigan, that is in 

16 effect as of the date of enactment of the Water Re17 sources Development Act of 2006. 

18 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

19 means the partnership established by the Secretary 

20 under subsection (b)(1). 

21 ‘‘(b) PARTNERSHIP.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall establish 

23 and lead a partnership of appropriate Federal agen24 cies (including the Environmental Protection Agency) 


pwalker on PROD1PC71 with BILLS
154 

•HR 1495 RH

1 and the State of Michigan (including political sub2 divisions of the State)— 

3 ‘‘(A) to promote cooperation among the Fed4 eral, State, and local governments and other in5 volved parties in the management of the St. 

6 Clair River and Lake St. Clair watersheds; and 

7 ‘‘(B) develop and implement projects con8 sistent with the management plan. 

9 ‘‘(2) COORDINATION WITH ACTIONS UNDER

10 OTHER LAW.— 

11 ‘‘(A) IN GENERAL.—Actions taken under 

12 this section by the partnership shall be coordi13 nated with actions to restore and conserve the St. 

14 Clair River and Lake St. Clair and watersheds 

15 taken under other provisions of Federal and 

16 State law. 

17 ‘‘(B) NO EFFECT ON OTHER LAW.—Nothing 

18 in this section alters, modifies, or affects any 

19 other provision of Federal or State law. 

20 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND LAKE

21 ST. CLAIR MANAGEMENT PLAN.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall— 

23 ‘‘(A) develop a St. Clair River and Lake St. 

24 Clair strategic implementation plan in accord25 ance with the management plan; 


pwalker on PROD1PC71 with BILLS
155 

•HR 1495 RH

1 ‘‘(B) provide technical, planning, and engi2 neering assistance to non-Federal interests for 

3 developing and implementing activities con4 sistent with the management plan; 

5 ‘‘(C) plan, design, and implement projects 

6 consistent with the management plan; and 

7 ‘‘(D) provide, in coordination with the Ad8 ministrator of the Environmental Protection 

9 Agency, financial and technical assistance, in10 cluding grants, to the State of Michigan (includ11 ing political subdivisions of the State) and inter12 ested nonprofit entities for the planning, design, 

13 and implementation of projects to restore, con14 serve, manage, and sustain the St. Clair River, 

15 Lake St. Clair, and associated watersheds. 

16 ‘‘(2) SPECIFIC MEASURES.—Financial and tech17 nical assistance provided under subparagraphs (B) 

18 and (C) of paragraph (1) may be used in support of 

19 non-Federal activities consistent with the manage20 ment plan. 

21 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

22 STRATEGIC IMPLEMENTATION PLAN.—In consultation with 

23 the partnership and after providing an opportunity for 

24 public review and comment, the Secretary shall develop in25 formation to supplement— 


pwalker on PROD1PC71 with BILLS
156 

•HR 1495 RH

1 ‘‘(1) the management plan; and 

2 ‘‘(2) the strategic implementation plan developed 

3 under subsection (c)(1)(A). 

4 ‘‘(e) COST SHARING.— 

5 ‘‘(1) IN-KIND SERVICES.—The non-Federal share 

6 of the cost of technical assistance under subsection (c), 

7 the cost of planning, design, and construction of a 

8 project under subsection (c), and the cost of develop9 ment of supplementary information under subsection 

10 (d) may be provided through the provision of in-kind 

11 services. 

12 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

13 RIGHTS-OF-WAY.—The Secretary shall credit the non14 Federal sponsor for the value of any land, easements, 

15 rights-of-way, dredged material disposal areas, or re16 locations required in carrying out a project under 

17 subsection (c). 

18 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding 

19 section 221 of the Flood Control Act of 1970 (42 

20 U.S.C. 1962d–5b), a non-Federal interest for any 

21 project carried out under this section may include a 

22 nonprofit entity. 

23 ‘‘(4) OPERATION AND MAINTENANCE.—The oper24 ation, maintenance, repair, rehabilitation, and reVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
157 

•HR 1495 RH

1 placement of projects carried out under this section 

2 shall be non-Federal responsibilities. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $10,000,000 for each fiscal year.’’. 

6 SEC. 3068. ST. JOSEPH HARBOR, MICHIGAN. 

7 The Secretary shall expedite development of the 

8 dredged material management plan for the project for navi9 gation, St. Joseph Harbor, Michigan, authorized by section 

10 101 of the River and Harbor Act of 1958 (72 Stat. 299). 

11 SEC. 3069. SAULT SAINTE MARIE, MICHIGAN. 

12 (a) IN GENERAL.—The text of section 1149 of the 

13 Water Resources Development Act of 1986 (100 Stat. 4254) 

14 is amended to read as follows: 

15 ‘‘The Secretary shall construct at Federal expense a 

16 second lock, of a width not less than 110 feet and a length 

17 not less than 1,200 feet, adjacent to the existing lock at 

18 Sault Sainte Marie, Michigan, generally in accordance 

19 with the report of the Board of Engineers for Rivers and 

20 Harbors, dated May 19, 1986, and the limited reevaluation 

21 report dated February 2004 at a total cost of 

22 $341,714,000.’’. 

23 (b) CONFORMING REPEALS.—The following provisions 

24 are repealed: 


pwalker on PROD1PC71 with BILLS
158 

•HR 1495 RH

1 (1) Section 107(a)(8) of the Water Resources De2 velopment Act of 1990 (104 Stat. 4620). 

3 (2) Section 330 of the Water Resources Develop4 ment Act of 1996 (110 Stat. 3717–3718). 

5 (3) Section 330 of the Water Resources Develop6 ment Act of 1999 (113 Stat. 305). 

7 SEC. 3070. ADA, MINNESOTA. 

8 (a) IN GENERAL.—The project for flood damage reduc9 tion, Wild Rice River, Ada, Minnesota, being carried out 

10 under section 205 of the Flood Control Act of 1948 (33 

11 U.S.C. 701s), is modified to authorize the Secretary to con12 sider national ecosystem restoration benefits in determining 

13 the Federal interest in the project. 

14 (b) EVALUATION OF BENEFITS AND COSTS.—In evalu15 ating the economic benefits and costs for the project, the 

16 Secretary shall not consider the emergency levee adjacent 

17 to Judicial Ditch No. 51 in the determination of conditions 

18 existing prior to construction of the project. 

19 (c) SPECIAL RULE.—In evaluating and implementing 

20 the project, the Secretary shall allow the non-Federal inter21 est to participate in the financing of the project in accord22 ance with section 903(c) of the Water Resources Develop23 ment Act of 1986 (100 Stat. 4184) to the extent that the 

24 Secretary’s evaluation indicates that applying such section 

25 is necessary to implement the project. 


pwalker on PROD1PC71 with BILLS
159 

•HR 1495 RH

1 SEC. 3071. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

2 (a) IN GENERAL.—The project for navigation, Duluth 

3 Harbor, McQuade Road, Minnesota, being carried out 

4 under section 107 of the River and Harbor Act of 1960 (33 

5 U.S.C. 577) and modified by section 321 of the Water Re6 sources Development Act of 2000 (114 Stat. 2605), is fur7 ther modified to authorize the Secretary to provide public 

8 access and recreational facilities as generally described in 

9 the Detailed Project Report and Environmental Assessment, 

10 McQuade Road Harbor of Refuge, Duluth, Minnesota, dated 

11 August 1999. 

12 (b) CREDIT.—The Secretary shall provide credit to13 ward the non-Federal share of the cost of the project for 

14 the costs of design work carried out before the date of the 

15 partnership agreement for the project if the Secretary deter16 mines that the work is integral to the project. 

17 (c) MAXIMUM FEDERAL EXPENDITURE.—The max18 imum amount of Federal funds that may be expended for 

19 the project shall be $9,000,000. 

20 SEC. 3072. GRAND MARAIS, MINNESOTA. 

21 The project for navigation, Grand Marais, Minnesota, 

22 carried out under section 107 of the River and Harbor Act 

23 of 1960 (33 U.S.C. 577) is modified to direct the Secretary 

24 to provide credit toward the non-Federal share of the cost 

25 of the project the cost of design work carried out before the 


pwalker on PROD1PC71 with BILLS
160 

•HR 1495 RH

1 date of the partnership agreement for the project if the Sec2 retary determines that the work is integral to the project. 

3 SEC. 3073. GRAND PORTAGE HARBOR, MINNESOTA. 

4 The Secretary shall provide credit toward the non-Fed5 eral share of the cost of the navigation project for Grand 

6 Portage Harbor, Minnesota, carried out under section 107 

7 of the River and Harbor Act of 1960 (33 U.S.C. 577), for 

8 the costs of design work carried out before the date of the 

9 partnership agreement for the project if the Secretary deter10 mines that the work is integral to the project. 

11 SEC. 3074. GRANITE FALLS, MINNESOTA. 

12 (a) IN GENERAL.—The Secretary is directed to imple13 ment under section 205 of the Flood Control Act of 1948 

14 (33 U.S.C. 701s) the locally preferred plan for flood damage 

15 reduction, Granite Falls, Minnesota, substantially in ac16 cordance with the detailed project report dated 2002, at a 

17 total cost of $12,000,000, with an estimated Federal cost 

18 of $8,000,000 and an estimated non-Federal cost of 

19 $4,000,000. 

20 (b) PROJECT FINANCING.—In evaluating and imple21 menting the project under this section, the Secretary shall 

22 allow the non-Federal interests to participate in the financ23 ing of the project in accordance with section 903(c) of the 

24 Water Resources Development Act of 1986 (100 Stat. 4184), 

25 to the extent that the detailed project report evaluation indiVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
161 

•HR 1495 RH

1 cates that applying such section is necessary to implement 

2 the project. 

3 (c) CREDIT.—The Secretary shall credit toward the 

4 non-Federal share of the project the cost of design and con5 struction work carried out by the non-Federal interest be6 fore the date of execution of a partnership agreement for 

7 the project if the Secretary determines that the work is inte8 gral to the project. 

9 (d) MAXIMUM FUNDING.—The maximum amount of 

10 Federal funds that may be expended for the flood damage 

11 reduction shall be $8,000,000. 

12 SEC. 3075. KNIFE RIVER HARBOR, MINNESOTA. 

13 The project for navigation, Harbor at Knife River, 

14 Minnesota, authorized by section 2 of the Rivers and Har15 bors Act of March 2, 1945 (59 Stat. 19), is modified to di16 rect the Secretary to develop a final design and prepare 

17 plans and specifications to correct the harbor entrance and 

18 mooring conditions at the project. 

19 SEC. 3076. RED LAKE RIVER, MINNESOTA. 

20 The project for flood control, Red Lake River, 

21 Crookston, Minnesota, authorized by section 101(a)(23) of 

22 the Water Resources Development Act of 1999 (113 Stat. 

23 278), is modified to include flood protection for the adjacent 

24 and interconnected areas generally known as the Sampson 

25 and Chase/Loring neighborhoods, in accordance with the 


pwalker on PROD1PC71 with BILLS
162 

•HR 1495 RH

1 feasibility report supplement for local flood protection, 

2 Crookston, Minnesota, at a total cost of $25,000,000, with 

3 an estimated Federal cost of $16,250,000 and an estimated 

4 non-Federal cost of $8,750,000. 

5 SEC. 3077. SILVER BAY, MINNESOTA. 

6 The project for navigation, Silver Bay, Minnesota, au7 thorized by section 2 of the Rivers and Harbors Act of 

8 March 2, 1945 (59 Stat. 19), is modified to include oper9 ation and maintenance of the general navigation facilities 

10 as a Federal responsibility. 

11 SEC. 3078. TACONITE HARBOR, MINNESOTA. 

12 The project for navigation, Taconite Harbor, Min13 nesota, carried out under section 107 of the River and Har14 bor Act of 1960 (33 U.S.C. 577), is modified to include op15 eration and maintenance of the general navigation facilities 

16 as a Federal responsibility. 

17 SEC. 3079. TWO HARBORS, MINNESOTA. 

18 (a) IN GENERAL.—The project for navigation, Two 

19 Harbors, Minnesota, being carried out under section 107 

20 of the River and Harbor Act of 1960 (33 U.S.C. 577), is 

21 modified to include construction of a dredged material dis22 posal facility, including actions required to clear the site. 

23 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non24 Federal interests shall be responsible for providing all lands, 


pwalker on PROD1PC71 with BILLS
163 

•HR 1495 RH

1 easements, rights-of-way, and relocations necessary for the 

2 construction of the dredged material disposal facility. 

3 (c) MAXIMUM FEDERAL EXPENDITURE.—The max4 imum amount of Federal funds that may be expended for 

5 the project shall be $5,000,000. 

6 SEC. 3080. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

7 The project for ecosystem restoration, Deer Island, 

8 Harrison County, Mississippi, being carried out under sec9 tion 204 of the Water Resources Development Act of 1992 

10 (33 U.S.C. 2326), is modified to authorize the non-Federal 

11 interest to provide any portion of the non-Federal share of 

12 the cost of the project in the form of in-kind services and 

13 materials. 

14 SEC. 3081. PEARL RIVER BASIN, MISSISSIPPI. 

15 (a) IN GENERAL.—The Secretary shall complete a fea16 sibility study for the project for flood damage reduction, 

17 Pearl River Watershed, Mississippi. 

18 (b) COMPARISON OF ALTERNATIVES.—The feasibility 

19 study shall identify both the plan that maximizes national 

20 economic development benefits and the locally preferred 

21 plan and shall compare the level of flood damage reduction 

22 provided by each plan to that portion of Jackson, Mis23 sissippi, located below the Ross Barnett Reservoir Dam. 

24 (c) RECOMMENDED PLAN.—If the Secretary deter25 mines that the locally preferred plan provides a level of 


pwalker on PROD1PC71 with BILLS
164 

•HR 1495 RH

1 flood damage reduction that is equal to or greater than the 

2 level of flood damage reduction provided by the national 

3 economic development plan and the locally preferred plan 

4 is technically feasible and environmentally protective, the 

5 Secretary shall recommend construction of the locally pre6 ferred plan. 

7 (d) EVALUATION OF PROJECT COST.—For the pur8 poses of determining compliance with the first section of 

9 the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 

10 the Secretary shall consider only the costs of the national 

11 economic development plan and shall exclude incremental 

12 costs associated with the locally preferred plan that are in 

13 excess of such costs if the non-Federal interest agrees to pay 

14 100 percent of such incremental costs. 

15 (e) NON-FEDERAL COST SHARE.—If the locally pre16 ferred plan is authorized for construction, the non-Federal 

17 share of the cost of the project shall be the same percentage 

18 as the non-Federal share of the cost of the national economic 

19 development plan plus all additional costs of construction 

20 associated with the locally preferred plan. 

21 SEC. 3082. FESTUS AND CRYSTAL CITY, MISSOURI. 

22 Section 102(b)(1) of the Water Resources Development 

23 Act of 1999 (113 Stat. 282) is amended by striking 

24 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 


pwalker on PROD1PC71 with BILLS
165 

•HR 1495 RH

1 SEC. 3083. 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. 3084. MONARCH-CHESTERFIELD, MISSOURI. 

11 The project for flood damage reduction, Monarch-Ches12 terfield, Missouri, authorized by section 101(b)(18) of the 

13 Water Resources Development Act of 2000 (114 Stat. 2578), 

14 is modified to direct the Secretary to credit toward the non15 Federal share of the cost of the project the cost of the plan16 ning, design, and construction work carried out by the non17 Federal interest before the date of the partnership agreement 

18 for the project if the Secretary determines that the work is 

19 integral to the project. 

20 SEC. 3085. RIVER DES PERES, MISSOURI. 

21 The projects for flood control, River Des Peres, Mis22 souri, authorized by section 101(a)(17) of the Water Re23 sources Development Act of 1990 (104 Stat. 4607) and sec24 tion 102(13) of the Water Resources Development Act of 

25 1996 (110 Stat. 3668), are each modified to direct the Sec26 retary to credit toward the non-Federal share of the cost 


pwalker on PROD1PC71 with BILLS
166 

•HR 1495 RH

1 of the project the cost of work carried out by the non-Federal 

2 interest before the date of the partnership agreement for the 

3 project if the Secretary determines that the work is integral 

4 to the project. 

5 SEC. 3086. ANTELOPE CREEK, LINCOLN, NEBRASKA. 

6 The project for flood damage reduction, Antelope Creek, 

7 Lincoln, Nebraska, authorized by section 101(b)(19) of the 

8 Water Resources Development Act of 2000 (114 Stat. 2578), 

9 is modified— 

10 (1) to direct the Secretary to credit toward the 

11 non-Federal share of the cost of the project the cost of 

12 design and construction work carried out by the non13 Federal interest before the date of the partnership 

14 agreement for the project if the Secretary determines 

15 that the work is integral to the project; and 

16 (2) to allow the non-Federal interest for the 

17 project to use, and to direct the Secretary to accept, 

18 funds provided under any other Federal program, to 

19 satisfy, in whole or in part, the non-Federal share of 

20 the project if such funds are authorized to be used to 

21 carry out the project. 

22 SEC. 3087. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

23 The project for ecosystem restoration and flood damage 

24 reduction, Sand Creek watershed, Wahoo, Nebraska, authorVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
167 

•HR 1495 RH

1 ized by section 101(b)(20) of the Water Resources Develop2 ment Act of 2000 (114 Stat. 2578), is modified— 

3 (1) to direct the Secretary to provide credit to4 ward the non-Federal share of the cost of the project 

5 or reimbursement for the costs of any work that has 

6 been or will be performed by the non-Federal interest 

7 before, on, or after the approval of the project partner8 ship agreement, including work performed by the non9 Federal interest in connection with the design and 

10 construction of 7 upstream detention storage struc11 tures, if the Secretary determines that the work is in12 tegral to the project; 

13 (2) to require that in-kind work to be credited 

14 under paragraph (1) be subject to audit; and 

15 (3) to direct the Secretary to accept advance 

16 funds from the non-Federal interest as needed to 

17 maintain the project schedule. 

18 SEC. 3088. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 

19 NEW JERSEY. 

20 The project for navigation mitigation, ecosystem res21 toration, shore protection, and hurricane and storm damage 

22 reduction, Lower Cape May Meadows, Cape May Point, 

23 New Jersey, authorized by section 101(a)(25) of the Water 

24 Resources Development Act of 1999 (113 Stat. 278), is 

25 modified to incorporate the project for shoreline erosion conVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
168 

•HR 1495 RH

1 trol, Cape May Point, New Jersey, carried out under section 

2 5 of the Act entitled ‘‘An Act authorizing Federal participa3 tion in the cost of protecting the shores of publicly owned 

4 property’’, approved August 13, 1946 (33 U.S.C. 426h), if 

5 the Secretary determines that such incorporation is feasible. 

6 SEC. 3089. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

7 NEW JERSEY. 

8 The project for flood control, Passaic River, New Jer9 sey and New York, authorized by section 101(a)(18) of the 

10 Water Resources Development Act of 1990 (104 Stat. 4607) 

11 and modified by section 327 of the Water Resources Devel12 opment Act of 2000 (114 Stat. 2607), is further modified 

13 to direct the Secretary to include the benefits and costs of 

14 preserving natural flood storage in any future economic 

15 analysis of the project. 

16 SEC. 3090. BUFFALO HARBOR, NEW YORK. 

17 The project for navigation, Buffalo Harbor, New York, 

18 authorized by section 101 of the River and Harbor Act of 

19 1962 (76 Stat. 1176), is modified to include measures to 

20 enhance public access, at Federal cost of $500,000. 

21 SEC. 3091. ORCHARD BEACH, BRONX, NEW YORK. 

22 Section 554 of the Water Resources Development Act 

23 of 1996 (110 Stat. 3781) is amended by striking ‘‘maximum 

24 Federal cost of $5,200,000’’ and inserting ‘‘total cost of 

25 $20,000,000’’. 


pwalker on PROD1PC71 with BILLS
169 

•HR 1495 RH

1 SEC. 3092. PORT OF NEW YORK AND NEW JERSEY, NEW 

2 YORK AND NEW JERSEY. 

3 The navigation project, Port of New York and New 

4 Jersey, New York and New Jersey, authorized by section 

5 101(a)(2) of the Water Resources Development Act of 2000 

6 (114 Stat. 2576), is modified— 

7 (1) to authorize the Secretary to allow the non8 Federal interest to construct a temporary dredged 

9 material storage facility to receive dredged material 

10 from the project if— 

11 (A) the non-Federal interest submits, in 

12 writing, a list of potential sites for the tem13 porary storage facility to the Committee on 

14 Transportation and Infrastructure of the House 

15 of Representatives, the Committee on Environ16 ment and Public Works of the Senate, and the 

17 Secretary at least 180 days before the selection of 

18 the final site; and 

19 (B) at least 70 percent of the dredged mate20 rial generated in connection with the project 

21 suitable for beneficial reuse will be used at sites 

22 in the State of New Jersey to the extent that 

23 there are sufficient sites available; and 

24 (2) to direct the Secretary to credit toward the 

25 non-Federal share of the cost of the project the cost of 

26 construction of the temporary storage facility if the 


pwalker on PROD1PC71 with BILLS
170 

•HR 1495 RH

1 Secretary determines that the work is integral to the 

2 project. 

3 SEC. 3093. NEW YORK STATE CANAL SYSTEM. 

4 Section 553(c) of the Water Resources Development Act 

5 of 1996 (110 Stat. 3781) is amended to read as follows: 

6 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 

7 In this section, the term ‘New York State Canal System’ 

8 means the 524 miles of navigable canal that comprise the 

9 New York State Canal System, including the Erie, Cayuga10 Seneca, Oswego, and Champlain Canals and the historic 

11 alignments of these canals, including the cities of Albany, 

12 Rochester, and Buffalo.’’. 

13 SEC. 3094. LOWER GIRARD LAKE DAM, OHIO. 

14 Section 507(1) of the Water Resources Development 

15 Act of 1996 (110 Stat. 3758) is amended by striking 

16 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

17 SEC. 3095. MAHONING RIVER, OHIO. 

18 In carrying out the project for environmental dredg19 ing, authorized by section 312(f)(4) of the Water Resources 

20 Development Act of 1990 (33 U.S.C. 1272(f)(4)), the Sec21 retary is directed to credit toward the non-Federal share 

22 of the cost of the project the cost of work carried out by 

23 the non-Federal interest before the date of the partnership 

24 agreement for the project if the Secretary determines that 

25 the work is integral to the project. 


pwalker on PROD1PC71 with BILLS
171 

•HR 1495 RH

1 SEC. 3096. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, 

2 AND DELAWARE. 

3 The Secretary may remove debris from the project for 

4 navigation, Delaware River, Pennsylvania, New Jersey, 

5 and Delaware, Philadelphia to the Sea. 

6 SEC. 3097. RAYSTOWN LAKE, PENNSYLVANIA. 

7 The Secretary may take such action as may be nec8 essary, including construction of a breakwater, to prevent 

9 shoreline erosion between .07 and 2.7 miles south of Penn10 sylvania State Route 994 on the east shore of Raystown 

11 Lake, Pennsylvania. 

12 SEC. 3098. SHERADEN PARK STREAM AND CHARTIERS 

13 CREEK, ALLEGHENY COUNTY, PENNSYL14 VANIA. 

15 The project for aquatic ecosystem restoration, 

16 Sheraden Park Stream and Chartiers Creek, Allegheny 

17 County, Pennsylvania, being carried out under section 206 

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

19 2330), is modified to direct the Secretary to credit up to 

20 $400,000 toward the non-Federal share of the cost of the 

21 project for planning and design work carried out by the 

22 non-Federal interest before the date of the partnership 

23 agreement for the project if the Secretary determines that 

24 the work is integral to the project. 


pwalker on PROD1PC71 with BILLS
172 

•HR 1495 RH

1 SEC. 3099. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL2 VANIA. 

3 The project for flood control, Wyoming Valley, Penn4 sylvania, authorized by section 401(a) of the Water Re5 sources Development Act of 1986 (100 Stat. 4124), is modi6 fied to include as a project element the project for flood con7 trol for Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

8 SEC. 3100. SOUTH CENTRAL PENNSYLVANIA. 

9 Section 313 of the Water Resources Development Act 

10 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

11 113 Stat. 310; 117 Stat. 142) is amended— 

12 (1) in subsection (g)(1) by striking 

13 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

14 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

15 Armstrong, Beford, Blair, Cambria, Clearfield, Fay16 ette, Franklin, Fulton, Greene, Huntingdon, Indiana, 

17 Juniata, Mifflin, Somerset, Snyder, Washington, and 

18 Westmoreland Counties’’ and inserting ‘‘Allegheny, 

19 Armstrong, Bedford, Blair, Cambria, Fayette, Frank20 lin, Fulton, Greene, Huntingdon, Indiana, Juniata, 

21 Somerset, Washington, and Westmoreland Counties’’. 

22 SEC. 3101. WYOMING VALLEY, PENNSYLVANIA. 

23 In carrying out the project for flood control, Wyoming 

24 Valley, Pennsylvania, authorized by section 401(a) of the 

25 Water Resources Development Act of 1986 (100 Stat. 4124), 


pwalker on PROD1PC71 with BILLS
173 

•HR 1495 RH

1 the Secretary shall coordinate with non-Federal interests to 

2 review opportunities for increased public access. 

3 SEC. 3102. CEDAR BAYOU, TEXAS. 

4 (a) CREDIT FOR PLANNING AND DESIGN.—The project 

5 for navigation, Cedar Bayou, Texas, reauthorized by section 

6 349(a)(2) of the Water Resources Development Act of 2000 

7 (114 Stat. 2632), is modified to direct the Secretary to cred8 it toward the non-Federal share of the cost of the project 

9 the cost of planning and design work carried out by the 

10 non-Federal interest for the project if the Secretary deter11 mines that such work is integral to the project. 

12 (b) COST SHARING.—Cost sharing for construction 

13 and operation and maintenance of the project shall be deter14 mined in accordance with section 101 of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2211). 

16 SEC. 3103. FREEPORT HARBOR, TEXAS. 

17 The project for navigation, Freeport Harbor, Texas, 

18 authorized by section 101 of the Rivers and Harbors Act 

19 of 1970 (84 Stat. 1818), is modified.— 

20 (1) to direct the Secretary to credit toward the 

21 non-Federal share of the cost of the project the cost of 

22 the planning, design, and construction work carried 

23 out by the non-Federal interest before the date of the 

24 partnership agreement for the project if the Secretary 


pwalker on PROD1PC71 with BILLS
174 

•HR 1495 RH

1 determines that the work is integral to the project; 

2 and 

3 (2) to direct the Secretary to remove the sunken 

4 vessel ‘‘COMSTOCK’’ at Federal expense. 

5 SEC. 3104. LAKE KEMP, TEXAS. 

6 (a) IN GENERAL.—The Secretary may not take any 

7 legal or administrative action seeking to remove a Lake 

8 Kemp improvement before the earlier of January 1, 2020, 

9 or the date of any transfer of ownership of the improvement 

10 occurring after the date of enactment of this Act. 

11 (b) LIMITATION ON LIABILITY.—The United States, or 

12 any of its officers, agents, or assignees, shall not be liable 

13 for any injury, loss, or damage accruing to the owners of 

14 a Lake Kemp improvement, their lessees, or occupants as 

15 a result of any flooding or inundation of such improvements 

16 by the waters of the Lake Kemp reservoir, or for such in17 jury, loss, or damage as may occur through the operation 

18 and maintenance of the Lake Kemp dam and reservoir in 

19 any manner. 

20 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this sec21 tion, the term ‘‘Lake Kemp improvement’’ means an im22 provement (including dwellings) located within the flowage 

23 easement of Lake Kemp, Texas, below elevation 1159 feet 

24 mean sea level. 


pwalker on PROD1PC71 with BILLS
175 

•HR 1495 RH

1 SEC. 3105. LOWER RIO GRANDE BASIN, TEXAS. 

2 The project for flood control, Lower Rio Grande Basin, 

3 Texas, authorized by section 401(a) of the Water Resources 

4 Development Act of 1986 (100 Stat. 4125), is modified— 

5 (1) to include as part of the project flood protec6 tion works to reroute drainage to Raymondville 

7 Drain constructed by the non-Federal interests in Hi8 dalgo County in the vicinity of Edinburg, Texas, if 

9 the Secretary determines that such work meets feasi10 bility requirements; 

11 (2) to direct the Secretary to credit toward the 

12 non-Federal share of the cost of the project the cost of 

13 planning, design, and construction work carried out 

14 by the non-Federal interest before the date of the part15 nership agreement for the project if the Secretary de16 termines that the work is integral to the project; and 

17 (3) to direct the Secretary in calculating the 

18 non-Federal share of the cost of the project, to make 

19 a determination, within 180 days after the date of en20 actment of this Act, under section 103(m) of the 

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

22 2213(m)) on the non-Federal interest’s ability to pay. 

23 SEC. 3106. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

24 TEXAS. 

25 The project for ecosystem restoration and storm dam26 age reduction, North Padre Island, Corpus Christi Bay, 


pwalker on PROD1PC71 with BILLS
176 

•HR 1495 RH

1 Texas, authorized by section 556 of the Water Resources De2 velopment Act of 1999 (113 Stat. 353), is modified to in3 clude recreation as a project purpose. 

4 SEC. 3107. PAT MAYSE LAKE, TEXAS. 

5 The Secretary is directed to accept from the city of 

6 Paris, Texas, $3,461,432 as payment in full of monies owed 

7 to the United States for water supply storage space in Pat 

8 Mayse Lake, Texas, under contract number DA–34–066– 

9 CIVENG–65–1272, including accrued interest. 

10 SEC. 3108. PROCTOR LAKE, TEXAS. 

11 The Secretary is authorized to purchase fee simple title 

12 to all properties located within the boundaries, and nec13 essary for the operation, of the Proctor Lake project, Texas, 

14 authorized by section 203 of the Flood Control Act of 1954 

15 (68 Stat. 1259). 

16 SEC. 3109. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

17 The project for flood control, San Antonio Channel, 

18 Texas, authorized by section 203 of the Flood Control Act 

19 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

20 for flood protection on the Guadalupe and San Antonio 

21 Rivers in Texas and modified by section 103 of the Water 

22 Resources Development Act of 1976 (90 Stat. 2921) and sec23 tion 335 of the Water Resources Development Act of 2000 

24 (114 Stat. 2611), is further modified to authorize the Sec25 retary to credit toward the non-Federal share of the cost 


pwalker on PROD1PC71 with BILLS
177 

•HR 1495 RH

1 of the project the cost of design and construction work car2 ried out by the non-Federal interest for the project if the 

3 Secretary determines that the work is integral to the project. 

4 SEC. 3110. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND 

5 WISE COUNTIES, VIRGINIA. 

6 The project for flood control, Levisa and Tug Forks 

7 of the Big Sandy River and Upper Cumberland River, au8 thorized by section 202 of the Energy and Water Develop9 ment Appropriation Act, 1981 (94 Stat. 1339) and modi10 fied by section 352 of the Water Resources Development Act 

11 of 1996 (110 Stat. 3724–3725) and section 336 of the Water 

12 Resources Development Act of 2000 (114 Stat. 2611), is fur13 ther modified to direct the Secretary to determine the abil14 ity of Lee, Russell, Scott, Smyth, Tazewell, and Wise Coun15 ties, Virginia, to pay the non-Federal share of the cost of 

16 the project based solely on the criterion specified in section 

17 103(m)(3)(A)(i) of the Water Resources Development Act of 

18 1986 (33 U.S.C. 2213(m)(3)(A)(i)). 

19 SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA. 

20 Section 577(a) of the Water Resources Development 

21 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

22 a total cost of $1,200,000, with an estimated Federal cost 

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

24 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 


pwalker on PROD1PC71 with BILLS
178 

•HR 1495 RH

1 with an estimated Federal cost of $2,500,000 and an esti2 mated non-Federal cost of $750,000.’’. 

3 SEC. 3112. DUWAMISH/GREEN, WASHINGTON. 

4 The project for ecosystem restoration, Duwamish/ 

5 Green, Washington, authorized by section 101(b)(26) of the 

6 Water Resources Development Act of 2000 (114 Stat. 2579), 

7 is modified— 

8 (1) to direct the Secretary to credit toward the 

9 non-Federal share of the cost of the project the cost of 

10 work carried out by the non-Federal interest before, 

11 on, or after the date of the partnership agreement for 

12 the project if the Secretary determines that the work 

13 is integral to the project; and 

14 (2) to authorize the non-Federal interest to pro15 vide any portion of the non-Federal share of the cost 

16 of the project in the form of in-kind services and ma17 terials. 

18 SEC. 3113. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH19 INGTON. 

20 The project for aquatic ecosystem restoration, Yakima 

21 River, Port of Sunnyside, Washington, being carried out 

22 under section 206 of the Water Resources Development Act 

23 of 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

24 to credit toward the non-Federal share of the cost of the 

25 project the cost of work carried out by the non-Federal inVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
179 

•HR 1495 RH

1 terest before the date of the partnership agreement for the 

2 project if the Secretary determines that the work is integral 

3 to the project. 

4 SEC. 3114. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

5 Section 579(c) of the Water Resources Development Act 

6 of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by 

7 striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 

8 SEC. 3115. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

9 Section 30(d) of the Water Resources Development Act 

10 of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended to 

11 read as follows: 

12 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall en13 sure the preservation and restoration of the structure known 

14 as the ‘Jenkins House’, and the reconstruction of associated 

15 buildings and landscape features of such structure located 

16 within the Lesage/Greenbottom Swamp in accordance with 

17 the Secretary of the Interior’s standards for the treatment 

18 of historic properties. Amounts made available for expendi19 ture for the project authorized by section 301(a) of the 

20 Water Resources Development Act of 1986 (100 Stat. 4110) 

21 shall be available for the purposes of this subsection.’’. 

22 SEC. 3116. NORTHERN WEST VIRGINIA. 

23 Section 557 of the Water Resources Development Act 

24 of 1999 (113 Stat. 353) is amended— 

25 (1) in the first sentence by striking ‘‘favorable’’; 


pwalker on PROD1PC71 with BILLS
180 

•HR 1495 RH

1 (2) by striking ‘‘$8,400,000’’ and inserting 

2 ‘‘$12,000,000’’; and 

3 (3) by striking ‘‘$4,200,000’’ each place it ap4 pears and inserting ‘‘$6,000,000’’. 

5 SEC. 3117. MANITOWOC HARBOR, WISCONSIN. 

6 The project for navigation, Manitowoc Harbor, Wis7 consin, authorized by the River and Harbor Act of August 

8 30, 1852 (10 Stat. 58), is modified to direct the Secretary 

9 to deepen the upstream reach of the navigation channel 

10 from 12 feet to 18 feet, at a total cost of $405,000. 

11 SEC. 3118. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

12 Section 21 of the Water Resources Development Act of 

13 1988 (102 Stat. 4027) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘1276.42’’ and inserting 

16 ‘‘1278.42’’; 

17 (B) by striking ‘‘1218.31’’ and inserting 

18 ‘‘1221.31’’; and 

19 (C) by striking ‘‘1234.82’’ and inserting 

20 ‘‘1235.30’’; and 

21 (2) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) EXCEPTION.—The Secretary may operate the 

24 headwaters reservoirs below the minimum or above the max25 imum water levels established in subsection (a) in accordVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
181 

•HR 1495 RH

1 ance with water control regulation manuals (or revisions 

2 thereto) developed by the Secretary, after consultation with 

3 the Governor of Minnesota and affected tribal governments, 

4 landowners, and commercial and recreational users. The 

5 water control regulation manuals (and any revisions there6 to) shall be effective when the Secretary transmits them to 

7 Congress. The Secretary shall report to Congress at least 

8 14 days before operating any such headwaters reservoir 

9 below the minimum or above the maximum water level lim10 its specified in subsection (a); except that notification is 

11 not required for operations necessary to prevent the loss of 

12 life or to ensure the safety of the dam or if the drawdown 

13 of lake levels is in anticipation of flood control operations.’’. 

14 SEC. 3119. CONTINUATION OF PROJECT AUTHORIZATIONS. 

15 (a) IN GENERAL.—Notwithstanding section 1001(b)(2) 

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

17 579a(b)(2)), the following projects shall remain authorized 

18 to be carried out by the Secretary: 

19 (1) The project for navigation, Sacramento Deep 

20 Water Ship Channel, California, authorized by sec21 tion 202(a) of the Water Resources Development Act 

22 of 1986 (100 Stat. 4092). 

23 (2) The project for flood control, Agana River, 

24 Guam, authorized by section 401(a) of the Water Re25 sources Development Act of 1986 (100 Stat. 4127). 


pwalker on PROD1PC71 with BILLS
182 

•HR 1495 RH

1 (3) The project for navigation, Fall River Har2 bor, Massachusetts, authorized by section 101 of the 

3 River and Harbor Act of 1968 (82 Stat. 731); except 

4 that the authorized depth of that portion of the project 

5 extending riverward of the Charles M. Braga, Jr. Me6 morial Bridge, Fall River and Somerset, Massachu7 setts, shall not exceed 35 feet. 

8 (b) LIMITATION.—A project described in subsection (a) 

9 shall not be authorized for construction after the last day 

10 of the 5-year period beginning on the date of enactment of 

11 this Act, unless, during such period, funds have been obli12 gated for the construction (including planning and design) 

13 of the project. 

14 SEC. 3120. PROJECT REAUTHORIZATIONS. 

15 Each of the following projects may be carried out by 

16 the Secretary and no construction on any such project may 

17 be initiated until the Secretary determines that the project 

18 is feasible: 

19 (1) MENOMINEE HARBOR AND RIVER, MICHIGAN

20 AND WISCONSIN.—The project for navigation, Menom21 inee Harbor and River, Michigan and Wisconsin, au22 thorized by section 101 of the River and Harbor Act 

23 of 1960 (74 Stat. 482) and deauthorized on April 15, 

24 2002, in accordance with section 1001(b)(2) of the 


pwalker on PROD1PC71 with BILLS
183 

•HR 1495 RH

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

2 579a(b)(2)). 

3 (2) MANITOWOC HARBOR, WISCONSIN.—That 

4 portion of the project for navigation, Manitowoc Har5 bor, Wisconsin, authorized by the first section of the 

6 River and Harbor Act of August 30, 1852 (10 Stat. 

7 58), consisting of the channel in the south part of the 

8 outer harbor, deauthorized by section 101 of the River 

9 and Harbor Act of 1962 (76 Stat. 1176). 

10 (3) HEARDING ISLAND INLET, DULUTH HARBOR, 

11 MINNESOTA.—The project for dredging, Hearding Is12 land Inlet, Duluth Harbor, Minnesota, authorized by 

13 section 22 of the Water Resources Development Act of 

14 1988 (102 Stat. 4027). 

15 SEC. 3121. PROJECT DEAUTHORIZATIONS. 

16 (a) IN GENERAL.—The following projects are not au17 thorized after the date of enactment of this Act: 

18 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

19 portion of the project for navigation, Bridgeport Har20 bor, Connecticut, authorized by the first section of the 

21 River and Harbor Act of July 3, 1930 (46 Stat. 919), 

22 consisting of an 18-foot channel in Yellow Mill River 

23 and described as follows: Beginning at a point along 

24 the eastern limit of the existing project, N123,649.75, 

25 E481,920.54, thence running northwesterly about 


pwalker on PROD1PC71 with BILLS
184 

•HR 1495 RH

1 52.64 feet to a point N123,683.03, E481,879.75, 

2 thence running northeasterly about 1,442.21 feet to a 

3 point N125,030.08, E482,394.96, thence running 

4 northeasterly about 139.52 feet to a point along the 

5 eastern limit of the existing channel, N125,133.87, 

6 E482,488.19, thence running southwesterly about 

7 1,588.98 feet to the point of origin. 

8 (2) MYSTIC RIVER, CONNECTICUT.—The portion 

9 of the project for navigation, Mystic River, Con10 necticut, authorized by the first section of the River 

11 and Harbor Appropriations Act of September 19, 

12 1890 (26 Stat. 436) consisting of a 12-foot-deep chan13 nel, approximately 7,554 square feet in area, starting 

14 at a point N193,086.51, E815,092.78, thence running 

15 north 59 degrees 21 minutes 46.63 seconds west about 

16 138.05 feet to a point N193,156.86, E814,974.00, 

17 thence running north 51 degrees 04 minutes 39.00 

18 seconds west about 166.57 feet to a point 

19 N193,261.51, E814,844.41, thence running north 43 

20 degrees 01 minutes 34.90 seconds west about 86.23 

21 feet to a point N193,324.55, E814,785.57, thence run22 ning north 06 degrees 42 minutes 03.86 seconds west 

23 about 156.57 feet to a point N193,480.05, 

24 E814,767.30, thence running south 21 degrees 21 

25 minutes 17.94 seconds east about 231.42 feet to a 


pwalker on PROD1PC71 with BILLS
185 

•HR 1495 RH

1 point N193,264.52, E814,851.57, thence running 

2 south 53 degrees 34 minutes 23.28 seconds east about 

3 299.78 feet to the point of origin. 

4 (3) NEW LONDON HARBOR, CONNECTICUT.—The 

5 portion of the project for navigation, New London 

6 Harbor, Connecticut, authorized by the River and 

7 Harbor Appropriations Act of June 13, 1902 (32 

8 Stat. 333), that consists of a 23-foot waterfront chan9 nel and that is further described as beginning at a 

10 point along the western limit of the existing project, 

11 N188,802.75, E779,462.81, thence running northeast12 erly about 1,373.88 feet to a point N189,554.87, 

13 E780,612.53, thence running southeasterly about 

14 439.54 feet to a point N189,319.88, E780,983.98, 

15 thence running southwesterly about 831.58 feet to a 

16 point N188,864.63, E780,288.08, thence running 

17 southeasterly about 567.39 feet to a point 

18 N188,301.88, E780,360.49, thence running northwest19 erly about 1,027.96 feet to the point of origin. 

20 (4) FALMOUTH HARBOR, MASSACHUSETTS.—The 

21 portion of the project for navigation, th Harbor, Mas22 sachusetts, authorized by section 101 of the River and 

23 Harbor Act of 1948 (62 Stat. 1172), beginning at a 

24 point along the eastern side of the inner harbor 

25 N200,415.05, E845,307.98, thence running north 25 


pwalker on PROD1PC71 with BILLS
186 

•HR 1495 RH

1 degrees 48 minutes 54.3 seconds east 160.24 feet to a 

2 point N200,559.20, E845,377.76, thence running 

3 north 22 degrees 7 minutes 52.4 seconds east 596.82 

4 feet to a point N201,112.15, E845,602.60, thence run5 ning north 60 degrees 1 minute 0.3 seconds east 83.18 

6 feet to a point N201,153.72, E845,674.65, thence run7 ning south 24 degrees 56 minutes 43.4 seconds west 

8 665.01 feet to a point N200,550.75, E845,394.18, 

9 thence running south 32 degrees 25 minutes 29.0 sec10 onds west 160.76 feet to the point of origin. 

11 (5) ISLAND END RIVER, MASSACHUSETTS.—The 

12 portion of the project for navigation, Island End 

13 River, Massachusetts, carried out under section 107 of 

14 the River and Harbor Act of 1960 (33 U.S.C. 577), 

15 described as follows: Beginning at a point along the 

16 eastern limit of the existing project, N507,348.98, 

17 E721,180.01, thence running northeast about 35 feet 

18 to a point N507,384.17, E721,183.36, thence running 

19 northeast about 324 feet to a point N507,590.51, 

20 E721,433.17, thence running northeast about 345 feet 

21 to a point along the northern limit of the existing 

22 project, N507,927.29, E721,510.29, thence running 

23 southeast about 25 feet to a point N507,921.71, 

24 E721,534.66, thence running southwest about 354 feet 


pwalker on PROD1PC71 with BILLS
187 

•HR 1495 RH

1 to a point N507,576.65, E721,455.64, thence running 

2 southwest about 357 feet to the point of origin. 

3 (6) CITY WATERWAY, TACOMA, WASHINGTON.— 

4 The portion of the project for navigation, City Water5 way, Tacoma, Washington, authorized by the first sec6 tion of the River and Harbor Appropriations Act of 

7 June 13, 1902 (32 Stat. 347), consisting of the last 

8 1,000 linear feet of the inner portion of the waterway 

9 beginning at station 70+00 and ending at station 

10 80+00. 

11 (7) AUNT LYDIA’S COVE, MASSACHUSETTS.— 

12 (A) IN GENERAL.—The portion of the 

13 project for navigation, Aunt Lydia’s Cove, Mas14 sachusetts, constructed under section 107 of the 

15 River and Harbor Act of 1960 (33 U.S.C. 577), 

16 consisting of the 8-foot deep anchorage in the 

17 cove described in subparagraph (B). 

18 (B) DESCRIPTION OF PORTION.—The por19 tion of the project described in subparagraph (A) 

20 is more particularly described as the portion be21 ginning at a point along the southern limit of 

22 the existing project, N254,332.00, E1,023,103.96, 

23 thence running northwesterly about 761.60 feet 

24 to a point along the western limit of the existing 

25 project N255,076.84, E1,022,945.07, thence runVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
188 

•HR 1495 RH

1 ning southwesterly about 38.11 feet to a point 

2 N255,038.99, E1,022,940.60, thence running 

3 southeasterly about 267.07 feet to a point 

4 N254,772.00, E1,022,947.00, thence running 

5 southeasterly about 462.41 feet to a point 

6 N254,320.06, E1,023,044.84, thence running 

7 northeasterly about 60.31 feet to the point of ori8 gin. 

9 (b) SOUTHPORT HARBOR, FAIRFIELD, CON10 NECTICUT.—The project for navigation, Southport Harbor, 

11 Fairfield, Connecticut, authorized by section 2 of the River 

12 and Harbor Act of March 2, 1829, and by the first section 

13 of the River and Harbor Act of August 30, 1935 (49 Stat. 

14 1029), and section 364 of the Water Resources Development 

15 Act of 1996 (110 Stat. 3733–3734), is further modified to 

16 redesignate a portion of the 9-foot-deep channel as an an17 chorage area, approximately 900 feet in length and 90,000 

18 square feet in area, and lying generally north of a line with 

19 points at coordinates N108,043.45, E452,252.04 and 

20 N107,938.74, E452,265.74. 

21 (c) SACO RIVER, MAINE.—The portion of the project 

22 for navigation, Saco River, Maine, authorized under section 

23 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) 

24 and described as a 6-foot deep, 10-acre turning basin loVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
189 

•HR 1495 RH

1 cated at the head of navigation, is redesignated as an an2 chorage area. 

3 (d) UNION RIVER, MAINE.—The project for naviga4 tion, Union River, Maine, authorized by the first section 

5 of the Act of June 3, 1896 (29 Stat. 215), is modified by 

6 redesignating as an anchorage area that portion of the 

7 project consisting of a 6-foot turning basin and lying north8 erly of a line commencing at a point N315,975.13, 

9 E1,004,424.86, thence running north 61 degrees 27 minutes 

10 20.71 seconds west about 132.34 feet to a point 

11 N316,038.37, E1,004,308.61. 

12 (e) MYSTIC RIVER, MASSACHUSETTS.—The portion of 

13 the project for navigation, Mystic River, Massachusetts, au14 thorized by the first section of the River and Harbor Appro15 priations Act of July 13, 1892 (27 Stat. 96), between a line 

16 starting at a point N515,683.77, E707,035.45 and ending 

17 at a point N515,721.28, E707,069.85 and a line starting 

18 at a point N514,595.15, E707,746.15 and ending at a point 

19 N514,732.94, E707,658.38 shall be relocated and reduced 

20 from a 100-foot wide channel to a 50-foot wide channel after 

21 the date of enactment of this Act described as follows: Begin22 ning at a point N515,721.28, E707,069.85, thence running 

23 southeasterly about 840.50 feet to a point N515,070.16, 

24 E707,601.27, thence running southeasterly about 177.54 feet 

25 to a point N514,904.84, E707,665.98, thence running southVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
190 

•HR 1495 RH

1 easterly about 319.90 feet to a point with coordinates 

2 N514,595.15, E707,746.15, thence running northwesterly 

3 about 163.37 feet to a point N514,732.94, E707,658.38, 

4 thence running northwesterly about 161.58 feet to a point 

5 N514.889.47, E707,618.30, thence running northwesterly 

6 about 166.61 feet to a point N515.044.62, E707,557.58, 

7 thence running northwesterly about 825.31 feet to a point 

8 N515,683.77, E707,035.45, thence running northeasterly 

9 about 50.90 feet returning to a point N515,721.28, 

10 E707,069.85. 

11 (f) CONDITIONS.—The first sentence of section 

12 1001(b)(2) of the Water Resources Development Act of 1986 

13 (33 U.S.C. 579a(b)(2)) is amended— 

14 (1) by striking ‘‘two years’’ and inserting 

15 ‘‘year’’; and 

16 (2) by striking ‘‘7’’ and inserting ‘‘5’’. 

17 SEC. 3122. LAND CONVEYANCES. 

18 (a) ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.— 

19 (1) IN GENERAL.—The Secretary shall convey to 

20 the State of Arkansas, without monetary consider21 ation and subject to paragraph (2), all right, title, 

22 and interest in and to real property within the State 

23 acquired by the Federal Government as mitigation 

24 land for the project for flood control, St. Francis 

25 Basin, Arkansas and Missouri Project, authorized by 


pwalker on PROD1PC71 with BILLS
191 

•HR 1495 RH

1 the Flood Control Act of May 15, 1928 (33 U.S.C. 

2 702a et seq.). 

3 (2) TERMS AND CONDITIONS.— 

4 (A) IN GENERAL.—The conveyance by the 

5 United States under this subsection shall be sub6 ject to— 

7 (i) the condition that the State of Ar8 kansas agree to operate, maintain, and 

9 manage the real property for fish and wild10 life, recreation, and environmental purposes 

11 at no cost or expense to the United States; 

12 and 

13 (ii) such other terms and conditions as 

14 the Secretary determines to be in the inter15 est of the United States. 

16 (B) REVERSION.—If the Secretary deter17 mines that the real property conveyed under 

18 paragraph (1) ceases to be held in public owner19 ship or the State ceases to operate, maintain, 

20 and manage the real property in accordance 

21 with this subsection, all right, title, and interest 

22 in and to the property shall revert to the United 

23 States, at the option of the Secretary. 

24 (3) MITIGATION.—Nothing in this subsection ex25 tinguishes the responsibility of the Federal GovernVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
192 

•HR 1495 RH

1 ment or the non-Federal interest for the project re2 ferred to in paragraph (1) from the obligation to im3 plement mitigation for such project that existed on the 

4 day prior to the transfer authorized by this sub5 section. 

6 (b) MILFORD, KANSAS.— 

7 (1) IN GENERAL.—The Secretary shall convey by 

8 quitclaim deed without consideration to the Geary 

9 County Fire Department, Milford, Kansas, all right, 

10 title, and interest of the United States in and to real 

11 property consisting of approximately 7.4 acres located 

12 in Geary County, Kansas, for construction, operation, 

13 and maintenance of a fire station. 

14 (2) REVERSION.—If the Secretary determines 

15 that the real property conveyed under paragraph (1) 

16 ceases to be held in public ownership or ceases to be 

17 operated and maintained as a fire station, all right, 

18 title, and interest in and to the property shall revert 

19 to the United States, at the option of the United 

20 States. 

21 (c) PIKE COUNTY, MISSOURI.— 

22 (1) IN GENERAL.—At such time as S.S.S., Inc., 

23 conveys all right, title and interest in and to the real 

24 property described in paragraph (2)(A) to the United 

25 States, the Secretary shall convey all right, title, and 


pwalker on PROD1PC71 with BILLS
193 

•HR 1495 RH

1 interest of the United States in and to the real prop2 erty described in paragraph (2)(B) to S.S.S., Inc. 

3 (2) LAND DESCRIPTION.—The parcels of land re4 ferred to in paragraph (1) are the following: 

5 (A) NON-FEDERAL LAND.—Approximately 

6 42 acres, the exact legal description to be deter7 mined by mutual agreement of S.S.S., Inc., and 

8 the Secretary, subject to any existing flowage 

9 easements situated in Pike County, Missouri, up10 stream and northwest, about a 200-foot distance 

11 from Drake Island (also known as Grimes Is12 land). 

13 (B) FEDERAL LAND.—Approximately 42 

14 acres, the exact legal description to be deter15 mined by mutual agreement of S.S.S. Inc., and 

16 the Secretary, situated in Pike County, Missouri, 

17 known as Government Tract Numbers MIs–7 

18 and a portion of FM–46 (both tracts on Buffalo 

19 Island), administered by the Corps of Engineers. 

20 (3) CONDITIONS.—The exchange of real property 

21 under paragraph (1) shall be subject to the following 

22 conditions: 

23 (A) DEEDS.— 

24 (i) NON-FEDERAL LAND.—The convey25 ance of the real property described in paraVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
194 

•HR 1495 RH

1 graph (2)(A) to the Secretary shall be by a 

2 warranty deed acceptable to the Secretary. 

3 (ii) FEDERAL LAND.—The instrument 

4 of conveyance used to convey the real prop5 erty described in paragraph (2)(B) to 

6 S.S.S., Inc., shall be by quitclaim deed and 

7 contain such reservations, terms, and condi8 tions as the Secretary considers necessary to 

9 allow the United States to operate and 

10 maintain the Mississippi River 9-Foot 

11 Navigation Project. 

12 (B) REMOVAL OF IMPROVEMENTS.—S.S.S., 

13 Inc., may remove, and the Secretary may require 

14 S.S.S., Inc., to remove, any improvements on the 

15 land described in paragraph (2)(A). 

16 (C) TIME LIMIT FOR EXCHANGE.—The land 

17 exchange under paragraph (1) shall be completed 

18 not later than 2 years after the date of enact19 ment of this Act. 

20 (4) VALUE OF PROPERTIES.—If the appraised 

21 fair market value, as determined by the Secretary, of 

22 the real property conveyed to S.S.S., Inc., by the Sec23 retary under paragraph (1) exceeds the appraised fair 

24 market value, as determined by the Secretary, of the 

25 real property conveyed to the United States by S.S.S., 


pwalker on PROD1PC71 with BILLS
195 

•HR 1495 RH

1 Inc., under paragraph (1), S.S.S., Inc., shall make a 

2 payment to the United States equal to the excess in 

3 cash or a cash equivalent that is satisfactory to the 

4 Secretary. 

5 (d) BOARDMAN, OREGON.—Section 501(g)(1) of the 

6 Water Resources Development Act of 1996 (110 Stat. 3751) 

7 is amended— 

8 (1) by striking ‘‘city of Boardman,’’ and insert9 ing ‘‘the Boardman Park and Recreation District, 

10 Boardman,’’; and 

11 (2) by striking ‘‘such city’’ and inserting ‘‘the 

12 city of Boardman’’. 

13 (e) LOWELL, OREGON.— 

14 (1) IN GENERAL.—The Secretary may convey 

15 without consideration to Lowell School District, by 

16 quitclaim deed, all right, title, and interest of the 

17 United States in and to land and buildings thereon, 

18 known as Tract A–82, located in Lowell, Oregon, and 

19 described in paragraph (2). 

20 (2) DESCRIPTION OF PROPERTY.—The parcel of 

21 land authorized to be conveyed under paragraph (1) 

22 is as follows: Commencing at the point of intersection 

23 of the west line of Pioneer Street with the westerly ex24 tension of the north line of Summit Street, in Mead25 ows Addition to Lowell, as platted and recorded at 


pwalker on PROD1PC71 with BILLS
196 

•HR 1495 RH

1 page 56 of Volume 4, Lane County Oregon Plat 

2 Records; thence north on the west line of Pioneer 

3 Street a distance of 176.0 feet to the true point of be4 ginning of this description; thence north on the west 

5 line of Pioneer Street a distance of 170.0 feet; thence 

6 west at right angles to the west line of Pioneer Street 

7 a distance of 250.0 feet; thence south and parallel to 

8 the west line of Pioneer Street a distance of 170.0 feet; 

9 thence east 250.0 feet to the true point of beginning 

10 of this description in Section 14, Township 19 South, 

11 Range 1 West of the Willamette Meridian, Lane 

12 County, Oregon. 

13 (3) TERMS AND CONDITIONS.—Before conveying 

14 the parcel to the school district, the Secretary shall 

15 ensure that the conditions of buildings and facilities 

16 meet the requirements of applicable Federal law. 

17 (4) REVERSION.—If the Secretary determines 

18 that the property conveyed under paragraph (1) 

19 ceases to be held in public ownership, all right, title, 

20 and interest in and to the property shall revert to the 

21 United States, at the option of the United States. 

22 (f) LOWELL, OREGON.— 

23 (1) RELEASE AND EXTINGUISHMENT OF DEED

24 RESERVATIONS.— 


pwalker on PROD1PC71 with BILLS
197 

•HR 1495 RH

1 (A) RELEASE AND EXTINGUISHMENT OF

2 DEED RESERVATIONS.—The Secretary may re3 lease and extinguish the deed reservations for ac4 cess and communication cables contained in the 

5 quitclaim deed, dated January 26, 1965, and re6 corded February 15, 1965, in the records of Lane 

7 County, Oregon; except that such reservations 

8 may only be released and extinguished for the 

9 lands owned by the city of Lowell as described 

10 in the quitclaim deed, dated April 11, 1991, in 

11 such records. 

12 (B) ADDITIONAL RELEASE AND EXTIN13 GUISHMENT OF DEED RESERVATIONS.—The Sec14 retary may also release and extinguish the same 

15 deed reservations referred to in subparagraph 

16 (A) over land owned by Lane County, Oregon, 

17 within the city limits of Lowell, Oregon, to ac18 commodate the development proposals of the city 

19 of Lowell/St. Vincent de Paul, Lane County, af20 fordable housing project; except that the Sec21 retary may require, at no cost to the United 

22 States— 

23 (i) the alteration or relocation of any 

24 existing facilities, utilities, roads, or similar 

25 improvements on such lands; and 


pwalker on PROD1PC71 with BILLS
198 

•HR 1495 RH

1 (ii) the right-of-way for such facilities, 

2 utilities, or improvements, as a pre-condi3 tion of any release or extinguishment of the 

4 deed reservations. 

5 (2) CONVEYANCE.—The Secretary may convey to 

6 the city of Lowell, Oregon, at fair market value the 

7 parcel of land situated in the city of Lowell, Oregon, 

8 at fair market value consisting of the strip of feder9 ally-owned lands located northeast of West Boundary 

10 Road between Hyland Lane and the city of Lowell’s 

11 eastward city limits. 

12 (3) ADMINISTRATIVE COST.—Notwithstanding 

13 paragraphs (1) and (2), the city of Lowell, Oregon, 

14 shall pay the administrative costs incurred by the 

15 United States to execute the release and extinguish16 ment of the deed reservations under paragraph (1) 

17 and the conveyance under paragraph (2). 

18 (g) RICHARD B. RUSSELL LAKE, SOUTH CAROLINA.— 

19 (1) IN GENERAL.—The Secretary shall convey to 

20 the State of South Carolina, by quitclaim deed, at 

21 fair market value, all right, title, and interest of the 

22 United States in and to the real property described 

23 in paragraph (2) that is managed, as of the date of 

24 enactment of this Act, by the South Carolina depart25 ment of commerce for public recreation purposes for 


pwalker on PROD1PC71 with BILLS
199 

•HR 1495 RH

1 the Richard B. Russell Dam and Lake, South Caro2 lina, project authorized by section 203 of the Flood 

3 Control Act of 1966 (80 Stat. 1420). 

4 (2) LAND DESCRIPTION.—Subject to paragraph 

5 (3), the real property referred to in paragraph (1) is 

6 the parcel contained in the portion of real property 

7 described in Army Lease Number DACW21–1–92– 

8 0500. 

9 (3) RESERVATION OF INTERESTS.—The United 

10 States shall reserve— 

11 (A) ownership of all real property included 

12 in the lease referred to in paragraph (2) that 

13 would have been acquired for operational pur14 poses in accordance with the 1971 implementa15 tion of the 1962 Army/Interior Joint Acquisition 

16 Policy; and 

17 (B) such other rights and interests in and 

18 to the real property to be conveyed as the Sec19 retary considers necessary for authorized project 

20 purposes, including easement rights-of-way to re21 maining Federal land. 

22 (4) NO EFFECT ON SHORE MANAGEMENT POL23 ICY.—The Shoreline Management Policy (ER–1130– 

24 2–406) of the Corps of Engineers shall not be changed 


pwalker on PROD1PC71 with BILLS
200 

•HR 1495 RH

1 or altered for any proposed development of land con2 veyed under this subsection. 

3 (5) COST SHARING.—In carrying out the convey4 ance under this subsection, the Secretary and the 

5 State shall comply with all obligations of any cost6 sharing agreement between the Secretary and the 

7 State with respect to the real property described in 

8 paragraph (2) in effect as of the date of the convey9 ance. 

10 (6) LAND NOT CONVEYED.—The State shall con11 tinue to manage the real property described in para12 graph (3) not conveyed under this subsection in ac13 cordance with the terms and conditions of Army 

14 Lease Number DACW21–1–92–0500. 

15 (h) DENISON, TEXAS.— 

16 (1) IN GENERAL.—The Secretary shall offer to 

17 convey at fair market value to the city of Denison, 

18 Texas, all right, title, and interest of the United 

19 States in and to the approximately 900 acres of land 

20 located in Grayson County, Texas, which is currently 

21 subject to an application for lease for public park and 

22 recreational purposes made by the city of Denison, 

23 dated August 17, 2005. 

24 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

25 The exact acreage and description of the real property 


pwalker on PROD1PC71 with BILLS
201 

•HR 1495 RH

1 referred to in paragraph (1) shall be determined by 

2 a survey paid for by the city of Denison, Texas, that 

3 is satisfactory to the Secretary. 

4 (3) CONVEYANCE.—On acceptance by the city of 

5 Denison, Texas, of an offer under paragraph (1), the 

6 Secretary may immediately convey the land surveyed 

7 under paragraph (2) by quitclaim deed to the city of 

8 Denison, Texas. 

9 (i) GENERALLY APPLICABLE PROVISIONS.— 

10 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

11 The exact acreage and the legal description of any 

12 real property to be conveyed under this section shall 

13 be determined by a survey that is satisfactory to the 

14 Secretary. 

15 (2) APPLICABILITY OF PROPERTY SCREENING

16 PROVISIONS.—Section 2696 of title 10, United States 

17 Code, shall not apply to any conveyance under this 

18 section. 

19 (3) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require that any conveyance under 

21 this section be subject to such additional terms and 

22 conditions as the Secretary considers appropriate and 

23 necessary to protect the interests of the United States. 

24 (4) COSTS OF CONVEYANCE.—An entity to which 

25 a conveyance is made under this section shall be reVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
202 

•HR 1495 RH

1 sponsible for all reasonable and necessary costs, in2 cluding real estate transaction and environmental 

3 documentation costs, associated with the conveyance. 

4 (5) LIABILITY.—An entity to which a conveyance 

5 is made under this section shall hold the United 

6 States harmless from any liability with respect to ac7 tivities carried out, on or after the date of the convey8 ance, on the real property conveyed. The United 

9 States shall remain responsible for any liability with 

10 respect to activities carried out, before such date, on 

11 the real property conveyed. 

12 SEC. 3123. EXTINGUISHMENT OF REVERSIONARY INTER13 ESTS AND USE RESTRICTIONS. 

14 (a) IDAHO.— 

15 (1) IN GENERAL.—With respect to the property 

16 covered by each deed in paragraph (2)— 

17 (A) the reversionary interests and use re18 strictions relating to port and industrial use 

19 purposes are extinguished; 

20 (B) the restriction that no activity shall be 

21 permitted that will compete with services and fa22 cilities offered by public marinas is extinguished; 

23 and 

24 (C) the human habitation or other building 

25 structure use restriction is extinguished if the 


pwalker on PROD1PC71 with BILLS
203 

•HR 1495 RH

1 elevation of the property is above the standard 

2 project flood elevation. 

3 (2) AFFECTED DEEDS.—The deeds with the fol4 lowing county auditor’s file numbers are referred to 

5 in paragraph (1): 

6 (A) Auditor’s Instrument No. 399218 of Nez 

7 Perce County, Idaho—2.07 acres. 

8 (B) Auditor’s Instrument No. 487437 of Nez 

9 Perce County, Idaho—7.32 acres. 

10 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

11 RIVER, TENNESSEE.— 

12 (1) RELEASE OF RETAINED RIGHTS, INTERESTS, 

13 RESERVATIONS.—With respect to land conveyed by 

14 the Secretary to the Tennessee Society of Crippled 

15 Children and Adults, Incorporated (commonly known 

16 as ‘‘Easter Seals Tennessee’’) at Old Hickory Lock 

17 and Dam, Cumberland River, Tennessee, under sec18 tion 211 of the Flood Control Act of 1965 (79 Stat. 

19 1087), the reversionary interests and the use restric20 tions relating to recreation and camping purposes are 

21 extinguished. 

22 (2) INSTRUMENT OF RELEASE.—As soon as prac23 ticable after the date of enactment of this Act, the Sec24 retary shall execute and file in the appropriate office 

25 a deed of release, amended deed, or other appropriate 


pwalker on PROD1PC71 with BILLS
204 

•HR 1495 RH

1 instrument effectuating the release of interests re2 quired by paragraph (1). 

3 (c) PORT OF PASCO, WASHINGTON.— 

4 (1) EXTINGUISHMENT OF USE RESTRICTIONS

5 AND FLOWAGE EASEMENT.—With respect to the prop6 erty covered by the deed in paragraph (3)(A)— 

7 (A) the flowage easement and human habi8 tation or other building structure use restriction 

9 is extinguished if the elevation of the property is 

10 above the standard project flood elevation; and 

11 (B) the use of fill material to raise areas of 

12 the property above the standard project flood ele13 vation is authorized, except in any area for 

14 which a permit under section 404 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1344) is 

16 required. 

17 (2) EXTINGUISHMENT OF FLOWAGE EASE18 MENT.—With respect to the property covered by each 

19 deed in paragraph (3)(B), the flowage easement is ex20 tinguished if the elevation of the property is above the 

21 standard project flood elevation. 

22 (3) AFFECTED DEEDS.—The deeds referred to in 

23 paragraphs (1) and (2) are as follows: 

24 (A) Auditor’s File Number 262980 of 

25 Franklin County, Washington. 


pwalker on PROD1PC71 with BILLS
205 

•HR 1495 RH

1 (B) Auditor’s File Numbers 263334 and 

2 404398 of Franklin County, Washington. 

3 (d) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

4 section affects the remaining rights and interests of the 

5 Corps of Engineers for authorized project purposes. 

6 TITLE IV—STUDIES 

7 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

8 Section 455 of the Water Resources Development Act 

9 of 1999 (42 U.S.C. 1962d–21) is amended by adding at the 

10 end the following: 

11 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The non12 Federal interest may provide up to 100 percent of the non13 Federal share required under subsection (f) in the form of 

14 in-kind services and materials.’’. 

15 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

16 SITES. 

17 The Secretary shall conduct a study to determine the 

18 nature and frequency of avian botulism problems in the vi19 cinity of Lake Erie associated with dredged material dis20 posal sites and shall make recommendations to eliminate 

21 the conditions that result in such problems. 

22 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

23 STUDY. 

24 (a) IN GENERAL.—The Secretary, in coordination 

25 with the Secretary of the Interior, the Secretary of AgriVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
206 

•HR 1495 RH

1 culture, the Secretary of Commerce, and other appropriate 

2 agencies, shall conduct, at Federal expense, a comprehensive 

3 study of drought conditions in the southwestern United 

4 States, with particular emphasis on the Colorado River 

5 basin, the Rio Grande River basin, and the Great Basin. 

6 (b) INVENTORY OF ACTIONS.—In conducting the study, 

7 the Secretary shall assemble an inventory of actions taken 

8 or planned to be taken to address drought-related situations 

9 in the southwestern United States. 

10 (c) PURPOSE.—The purpose of the study shall be to 

11 develop recommendations to more effectively address current 

12 and future drought conditions in the southwestern United 

13 States. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to the Secretary to carry out 

16 this section $7,000,000. Such funds shall remain available 

17 until expended. 

18 SEC. 4004. DELAWARE RIVER. 

19 The Secretary shall review, in consultation with the 

20 Delaware River Basin Commission and the States of Dela21 ware, Pennsylvania, New Jersey, and New York, the report 

22 of the Chief of Engineers on the Delaware River, published 

23 as House Document Numbered 522, 87th Congress, Second 

24 Session, as it relates to the Mid-Delaware River Basin from 

25 Wilmington to Port Jervis, and any other pertinent reports 


pwalker on PROD1PC71 with BILLS
207 

•HR 1495 RH

1 (including the strategy for resolution of interstate flow 

2 management issues in the Delaware River Basin dated Au3 gust 2004 and the National Park Service Lower Delaware 

4 River Management Plan (1997–1999)), with a view to de5 termining whether any modifications of recommendations 

6 contained in the first report referred to are advisable at 

7 the present time, in the interest of flood damage reduction, 

8 ecosystem restoration, and other related problems. 

9 SEC. 4005. KNIK ARM, COOK INLET, ALASKA. 

10 The Secretary shall conduct, at Federal expense, a 

11 study to determine the potential impacts on navigation of 

12 construction of a bridge across Knik Arm, Cook Inlet, Alas13 ka. 

14 SEC. 4006. KUSKOKWIM RIVER, ALASKA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for navigation, 

17 Kuskokwim River, Alaska, in the vicinity of the village of 

18 Crooked Creek. 

19 SEC. 4007. ST. GEORGE HARBOR, ALASKA. 

20 The Secretary shall conduct, at Federal expense, a 

21 study to determine the feasibility of providing navigation 

22 improvements at St. George Harbor, Alaska. 


pwalker on PROD1PC71 with BILLS
208 

•HR 1495 RH

1 SEC. 4008. SUSITNA RIVER, ALASKA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for hydropower, recre4 ation, and related purposes on the Susitna River, Alaska. 

5 SEC. 4009. GILA BEND, MARICOPA, ARIZONA. 

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

7 study to determine the feasibility of carrying out a project 

8 for flood damage reduction, Gila Bend, Maricopa, Arizona. 

9 (b) REVIEW OF PLANS.—In conducting the study, the 

10 Secretary shall review plans and designs developed by non11 Federal interests and shall incorporate such plans and de12 signs into the Federal study if the Secretary determines that 

13 such plans and designs are consistent with Federal stand14 ards. 

15 SEC. 4010. SEARCY COUNTY, ARKANSAS. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of using Greers Ferry Lake as a water supply 

18 source for Searcy County, Arkansas. 

19 SEC. 4011. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

20 The Secretary shall conduct a study of the Elkhorn 

21 Slough estuary, California, to determine the feasibility of 

22 conserving, enhancing, and restoring estuarine habitats by 

23 developing strategies to address hydrological management 

24 issues. 


pwalker on PROD1PC71 with BILLS
209 

•HR 1495 RH

1 SEC. 4012. FRESNO, KINGS, AND KERN COUNTIES, CALI2 FORNIA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply for 

5 Fresno, Kings, and Kern Counties, California. 

6 SEC. 4013. LOS ANGELES RIVER REVITALIZATION STUDY, 

7 CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary, in coordination 

9 with the city of Los Angeles, shall— 

10 (1) prepare a feasibility study for environmental 

11 restoration, flood control, recreation, and other as12 pects of Los Angeles River revitalization that is con13 sistent with the goals of the Los Angeles River Revi14 talization Master Plan published by the city of Los 

15 Angeles; and 

16 (2) consider any locally-preferred project alter17 natives developed through a full and open evaluation 

18 process for inclusion in the study. 

19 (b) USE OF EXISTING INFORMATION AND MEAS20 URES.—In preparing the study under subsection (a), the 

21 Secretary shall use, to the maximum extent practicable— 

22 (1) information obtained from the Los Angeles 

23 River Revitalization Master Plan; and 

24 (2) the development process of that plan. 

25 (c) DEMONSTRATION PROJECTS.— 


pwalker on PROD1PC71 with BILLS
210 

•HR 1495 RH

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

2 construct demonstration projects in order to provide 

3 information to develop the study under subsection 

4 (a)(1). 

5 (2) FEDERAL SHARE.—The Federal share of the 

6 cost of any project under this subsection shall be not 

7 more than 65 percent. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

10 this subsection $20,000,000. 

11 SEC. 4014. LYTLE CREEK, RIALTO, CALIFORNIA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for flood damage reduc14 tion and groundwater recharge, Lytle Creek, Rialto, Cali15 fornia. 

16 SEC. 4015. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

17 CALIFORNIA. 

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

19 study to determine the feasibility of carrying out a project 

20 for water supply along the Mokelumne River, San Joaquin 

21 County, California. 

22 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

23 Nothing in this section shall be construed to invalidate, pre24 empt, or create any exception to State water law, State 


pwalker on PROD1PC71 with BILLS
211 

•HR 1495 RH

1 water rights, or Federal or State permitted activities or 

2 agreements. 

3 SEC. 4016. NAPA RIVER, ST. HELENA, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall conduct a com5 prehensive study of the Napa River in the vicinity of St. 

6 Helena, California, for the purposes of improving flood 

7 management through reconnecting the river to its flood8 plain; restoring habitat, including riparian and aquatic 

9 habitat; improving fish passage and water quality; and re10 storing native plant communities. 

11 (b) PLANS AND DESIGNS.—In conducting the study, 

12 the Secretary shall review plans and designs developed by 

13 non-Federal interests and shall incorporate such plans and 

14 designs into the Federal study if the Secretary determines 

15 that such plans and designs are consistent with Federal 

16 standards. 

17 SEC. 4017. ORICK, CALIFORNIA. 

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

19 study to determine the feasibility of carrying out a project 

20 for flood damage reduction and ecosystem restoration, 

21 Orick, California. 

22 (b) FEASIBILITY OF RESTORING OR REHABILITATING

23 REDWOOK CREEK LEVEES.—In conducting the study, the 

24 Secretary shall determine the feasibility of restoring or reVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
212 

•HR 1495 RH

1 habilitating the Redwood Creek Levees, Humboldt County, 

2 California. 

3 SEC. 4018. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for water supply for 

6 Rialto, Fontana, and Colton, California. 

7 SEC. 4019. SACRAMENTO RIVER, CALIFORNIA. 

8 The Secretary shall conduct a comprehensive study to 

9 determine the feasibility of, and alternatives for, measures 

10 to protect water diversion facilities and fish protective 

11 screen facilities in the vicinity of river mile 178 on the Sac12 ramento River, California. 

13 SEC. 4020. SAN DIEGO COUNTY, CALIFORNIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply, San 

16 Diego County, California, including a review of the feasi17 bility of connecting 4 existing reservoirs to increase usable 

18 storage capacity. 

19 SEC. 4021. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA20 QUIN DELTA, CALIFORNIA. 

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

22 study to determine the feasibility of the beneficial use of 

23 dredged material from the San Francisco Bay in the Sac24 ramento-San Joaquin Delta, California, including the bene25 fits and impacts of salinity in the Delta and the benefits 


pwalker on PROD1PC71 with BILLS
213 

•HR 1495 RH

1 to navigation, flood damage reduction, ecosystem restora2 tion, water quality, salinity control, water supply reli3 ability, and recreation. 

4 (b) COOPERATION.—In conducting the study, the Sec5 retary shall cooperate with the California Department of 

6 Water Resources and appropriate Federal and State enti7 ties in developing options for the beneficial use of dredged 

8 material from San Francisco Bay for the Sacramento-San 

9 Joaquin Delta area. 

10 (c) REVIEW.—The study shall include a review of the 

11 feasibility of using Sherman Island as a rehandling site 

12 for levee maintenance material, as well as for ecosystem res13 toration. The review may include monitoring a pilot project 

14 using up to 150,000 cubic yards of dredged material and 

15 being carried out at the Sherman Island site, examining 

16 larger scale use of dredged materials from the San Fran17 cisco Bay and Suisun Bay Channel, and analyzing the fea18 sibility of the potential use of saline materials from the San 

19 Francisco Bay for both rehandling and ecosystem restora20 tion purposes. 

21 SEC. 4022. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

22 CALIFORNIA. 

23 (a) IN GENERAL.—In conducting the South San Fran24 cisco Bay shoreline study, the Secretary shall— 


pwalker on PROD1PC71 with BILLS
214 

•HR 1495 RH

1 (1) review the planning, design, and land acqui2 sition documents prepared by the California State 

3 Coastal Conservancy, the Santa Clara Valley Water 

4 District, and other local interests in developing rec5 ommendations for measures to provide flood protec6 tion of the South San Francisco Bay shoreline, res7 toration of the South San Francisco Bay salt ponds 

8 (including lands owned by the Department of the In9 terior), and other related purposes; and 

10 (2) incorporate such planning, design, and land 

11 acquisition documents into the Federal study if the 

12 Secretary determines that such documents are con13 sistent with Federal standards. 

14 (b) REPORT.—Not later than December 31, 2008, the 

15 Secretary shall transmit a feasibility report for the South 

16 San Francisco Bay shoreline study to the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Environment and Public 

19 Works of the Senate. 

20 (c) CREDIT.— 

21 (1) IN GENERAL.—The Secretary shall credit to22 ward the non-Federal share of the cost of any project 

23 authorized by law as a result of the South San Fran24 cisco Bay shoreline study the cost of work carried out 

25 by the non-Federal interest before the date of the partVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
215 

•HR 1495 RH

1 nership agreement for the project if the Secretary de2 termines that the work is integral to the project. 

3 (2) LIMITATION.—In no case may work that was 

4 carried out more than 5 years before the date of en5 actment of this Act be eligible for credit under this 

6 subsection. 

7 SEC. 4023. TWENTYNINE PALMS, CALIFORNIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage reduc10 tion, Pinto Cove Wash, in the vicinity of Twentynine 

11 Palms, California. 

12 SEC. 4024. YUCCA VALLEY, CALIFORNIA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage reduc15 tion, West Burnt Mountain basin, in the vicinity of Yucca 

16 Valley, California. 

17 SEC. 4025. ROARING FORK RIVER, BASALT, COLORADO. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage reduc20 tion and other purposes for the Roaring Fork River, Basalt, 

21 Colorado. 

22 SEC. 4026. DELAWARE AND CHRISTINA RIVERS AND 

23 SHELLPOT CREEK, WILMINGTON, DELAWARE. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage reducVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
216 

•HR 1495 RH

1 tion and related purposes along the Delaware and Christina 

2 Rivers and Shellpot Creek, Wilmington, Delaware. 

3 SEC. 4027. COLLIER COUNTY BEACHES, FLORIDA. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for hurricane and storm 

6 damage reduction and flood damage reduction in the vicin7 ity of Vanderbilt, Park Shore, and Naples beaches, Collier 

8 County, Florida. 

9 SEC. 4028. LOWER ST. JOHNS RIVER, FLORIDA. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for environmental pro12 tection and restoration, including improved water quality, 

13 and related purposes, Lower St. Johns River, Florida. 

14 SEC. 4029. VANDERBILT BEACH LAGOON, FLORIDA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for environmental res17 toration, water supply, and improvement of water quality 

18 at Vanderbilt Beach Lagoon, Florida. 

19 SEC. 4030. MERIWETHER COUNTY, GEORGIA. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for water supply, 

22 Meriwether County, Georgia. 

23 SEC. 4031. TYBEE ISLAND, GEORGIA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of including the northern end of Tybee Island 


pwalker on PROD1PC71 with BILLS
217 

•HR 1495 RH

1 extending from the north terminal groin to the mouth of 

2 Lazaretto Creek as a part of the project for beach erosion 

3 control, Tybee Island, Georgia, carried out under section 

4 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d– 

5 5). 

6 SEC. 4032. BOISE RIVER, IDAHO. 

7 The study for flood control, Boise River, Idaho, author8 ized by section 414 of the Water Resources Development Act 

9 of 1999 (113 Stat. 324), is modified— 

10 (1) to add ecosystem restoration and water sup11 ply as project purposes to be studied; and 

12 (2) to require the Secretary to credit toward the 

13 non-Federal share of the cost of the study the cost, not 

14 to exceed $500,000, of work carried out by the non15 Federal interest before the date of the partnership 

16 agreement for the project if the Secretary determines 

17 that the work is integral to the project. 

18 SEC. 4033. BALLARD’S ISLAND SIDE CHANNEL, ILLINOIS. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for ecosystem restora21 tion, Ballard’s Island, Illinois. 

22 SEC. 4034. SALEM, INDIANA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project to provide an additional 

25 water supply source for Salem, Indiana. 


pwalker on PROD1PC71 with BILLS
218 

•HR 1495 RH

1 SEC. 4035. BUCKHORN LAKE, KENTUCKY. 

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

3 study to determine the feasibility of modifying the project 

4 for flood damage reduction, Buckhorn Lake, Kentucky, au5 thorized by section 2 of the Flood Control Act of June 28, 

6 1938 (52 Stat. 1217), to add ecosystem restoration, recre7 ation, and improved access as project purposes, including 

8 permanently raising the winter pool elevation of the project. 

9 (b) IN-KIND CONTRIBUTIONS.—The non-Federal inter10 est may provide the non-Federal share of the cost of the 

11 study in the form of in-kind services and materials. 

12 SEC. 4036. DEWEY LAKE, KENTUCKY. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of modifying the project for Dewey Lake, Ken15 tucky, to add water supply as a project purpose. 

16 SEC. 4037. LOUISVILLE, KENTUCKY. 

17 The Secretary shall conduct a study of the project for 

18 flood control, Louisville, Kentucky, authorized by section 4 

19 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), 

20 to investigate measures to address the rehabilitation of the 

21 project. 

22 SEC. 4038. FALL RIVER HARBOR, MASSACHUSETTS AND 

23 RHODE ISLAND. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of deepening that portion of the navigation chan26 nel of the navigation project for Fall River Harbor, MassaVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
219 

•HR 1495 RH

1 chusetts and Rhode Island, authorized by section 101 of the 

2 River and Harbor Act of 1968 (82 Stat. 731), seaward of 

3 the Charles M. Braga, Jr. Memorial Bridge, Fall River and 

4 Somerset, Massachusetts. 

5 SEC. 4039. CLINTON RIVER, MICHIGAN. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for environmental res8 toration, Clinton River, Michigan. 

9 SEC. 4040. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI10 GAN. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for flood damage reduc13 tion on Ore Lake and the Huron River for Hamburg and 

14 Green Oak Townships, Michigan. 

15 SEC. 4041. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

16 WISCONSIN. 

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

18 study and prepare a report to evaluate the integrity of the 

19 bulkhead system located on and in the vicinity of Duluth20 Superior Harbor, Duluth, Minnesota, and Superior, Wis21 consin. 

22 (b) CONTENTS.—The report shall include— 

23 (1) a determination of causes of corrosion of the 

24 bulkhead system; 


pwalker on PROD1PC71 with BILLS
220 

•HR 1495 RH

1 (2) recommendations to reduce corrosion of the 

2 bulkhead system; 

3 (3) a description of the necessary repairs to the 

4 bulkhead system; and 

5 (4) an estimate of the cost of addressing the 

6 causes of the corrosion and carrying out necessary re7 pairs. 

8 SEC. 4042. NORTHEAST MISSISSIPPI. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of modifying the project for navigation, Ten11 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

12 provide water supply for northeast Mississippi. 

13 SEC. 4043. ST. LOUIS, MISSOURI. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage reduc16 tion, St. Louis, Missouri, to restore or rehabilitate the levee 

17 system feature of the project for flood protection, St. Louis, 

18 Missouri, authorized by the first section of the Act entitled 

19 ‘‘An Act authorizing construction of certain public works 

20 on the Mississippi River for the protection of Saint Louis, 

21 Missouri’’, approved August 9, 1955 (69 Stat. 540). 

22 SEC. 4044. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project in the vicinity of the 

25 Atlantic Intracoastal Waterway, New Jersey, for the conVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
221 

•HR 1495 RH

1 struction of a dredged material disposal transfer facility to 

2 make dredged material available for beneficial reuse. 

3 SEC. 4045. BAYONNE, NEW JERSEY. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for environmental res6 toration, including improved water quality, enhanced pub7 lic access, and recreation, on the Kill Van Kull, Bayonne, 

8 New Jersey. 

9 SEC. 4046. CARTERET, NEW JERSEY. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for environmental res12 toration, including improved water quality, enhanced pub13 lic access, and recreation, on the Raritan River, Carteret, 

14 New Jersey. 

15 SEC. 4047. GLOUCESTER COUNTY, NEW JERSEY. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for flood damage reduc18 tion, Gloucester County, New Jersey, including the feasi19 bility of restoring the flood protection dikes in Gibbstown, 

20 New Jersey, and the associated tidegates in Gloucester 

21 County, New Jersey. 

22 SEC. 4048. PERTH AMBOY, NEW JERSEY. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for riverfront develop25 ment, including enhanced public access, recreation, and enVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
222 

•HR 1495 RH

1 vironmental restoration, on the Arthur Kill, Perth Amboy, 

2 New Jersey. 

3 SEC. 4049. BATAVIA, NEW YORK. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for hydropower and re6 lated purposes in the vicinity of Batavia, New York. 

7 SEC. 4050. BIG SISTER CREEK, EVANS, NEW YORK. 

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

9 study to determine the feasibility of carrying out a project 

10 for flood damage reduction, Big Sister Creek, Evans, New 

11 York. 

12 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In con13 ducting the study, the Secretary shall evaluate potential so14 lutions to flooding from all sources, including flooding that 

15 results from ice jams. 

16 SEC. 4051. FINGER LAKES, NEW YORK. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for aquatic ecosystem 

19 restoration and protection, Finger Lakes, New York, to ad20 dress water quality and aquatic nuisance species. 

21 SEC. 4052. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for storm damage reduc24 tion and shoreline protection in the vicinity of Gallagher 

25 Beach, Lake Erie Shoreline, Buffalo, New York. 


pwalker on PROD1PC71 with BILLS
223 

•HR 1495 RH

1 SEC. 4053. NEWTOWN CREEK, NEW YORK. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out ecosystem restoration improve4 ments on Newtown Creek, Brooklyn and Queens, New York. 

5 SEC. 4054. NIAGARA RIVER, NEW YORK. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for a low-head hydro8 electric generating facility in the Niagara River, New York. 

9 SEC. 4055. SHORE PARKWAY GREENWAY, BROOKLYN, NEW 

10 YORK. 

11 The Secretary shall conduct a study of the feasibility 

12 of carrying out a project for shoreline protection in the vi13 cinity of the confluence of the Narrows and Gravesend Bay, 

14 Upper New York Bay, Shore Parkway Greenway, Brooklyn, 

15 New York. 

16 SEC. 4056. UPPER DELAWARE RIVER WATERSHED, NEW 

17 YORK. 

18 Notwithstanding section 221 of the Flood Control Act 

19 of 1970 (42 U.S.C. 1962d–5b) and with the consent of the 

20 affected local government, a nonprofit organization may 

21 serve as the non-Federal interest for a study for the Upper 

22 Delaware River watershed, New York, being carried out 

23 under Committee Resolution 2495 of the Committee on 

24 Transportation and Infrastructure of the House of Rep25 resentatives, adopted May 9, 1996. 


pwalker on PROD1PC71 with BILLS
224 

•HR 1495 RH

1 SEC. 4057. LINCOLN COUNTY, NORTH CAROLINA. 

2 The Secretary shall conduct a study of existing water 

3 and water quality-related infrastructure in Lincoln Coun4 ty, North Carolina, to assist local interests in determining 

5 the most efficient and effective way to connect county infra6 structure. 

7 SEC. 4058. WILKES COUNTY, NORTH CAROLINA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for water supply, Wilkes 

10 County, North Carolina. 

11 SEC. 4059. YADKINVILLE, NORTH CAROLINA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply, 

14 Yadkinville, North Carolina. 

15 SEC. 4060. LAKE ERIE, OHIO. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out projects for power generation at 

18 confined disposal facilities along Lake Erie, Ohio. 

19 SEC. 4061. OHIO RIVER, OHIO. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out projects for flood damage reduc22 tion on the Ohio River in Mahoning, Columbiana, Jeffer23 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

24 Gallia, Lawrence, and Scioto Counties, Ohio. 


pwalker on PROD1PC71 with BILLS
225 

•HR 1495 RH

1 SEC. 4062. ECOSYSTEM RESTORATION AND FISH PASSAGE 

2 IMPROVEMENTS, OREGON. 

3 (a) STUDY.—The Secretary shall conduct a study to 

4 determine the feasibility of undertaking ecosystem restora5 tion and fish passage improvements on rivers throughout 

6 the State of Oregon. 

7 (b) REQUIREMENTS.—In carrying out the study, the 

8 Secretary shall— 

9 (1) work in coordination with the State of Or10 egon, local governments, and other Federal agencies; 

11 and 

12 (2) place emphasis on— 

13 (A) fish passage and conservation and res14 toration strategies to benefit species that are list15 ed or proposed for listing as threatened or en16 dangered species under the Endangered Species 

17 Act of 1973 (16 U.S.C. 1531 et seq.); and 

18 (B) other watershed restoration objectives. 

19 (c) PILOT PROGRAM.— 

20 (1) IN GENERAL.—In conjunction with con21 ducting the study under subsection (a), the Secretary 

22 may carry out pilot projects to demonstrate the effec23 tiveness of ecosystem restoration and fish passages. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated $5,000,000 to 

26 carry out this subsection. 


pwalker on PROD1PC71 with BILLS
226 

•HR 1495 RH

1 SEC. 4063. WALLA WALLA RIVER BASIN, OREGON. 

2 In conducting the study of determine the feasibility of 

3 carrying out a project for ecosystem restoration, Walla 

4 Walla River Basin, Oregon, the Secretary shall— 

5 (1) credit toward the non-Federal share of the 

6 cost of the study the cost of work carried out by the 

7 non-Federal interest before the date of the partnership 

8 agreement for the project if the Secretary determines 

9 that the work is integral to the project; and 

10 (2) allow the non-Federal interest to provide the 

11 non-Federal share of the cost of the study in the form 

12 of in-kind services and materials. 

13 SEC. 4064. CHARTIERS CREEK WATERSHED, PENNSYLVANIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage reduc16 tion, Chartiers Creek watershed, Pennsylvania. 

17 SEC. 4065. KINZUA DAM AND ALLEGHENY RESERVOIR, 

18 PENNSYLVANIA. 

19 The Secretary shall conduct a study of the project for 

20 flood control, Kinzua Dam and Allegheny Reservoir, War21 ren, Pennsylvania, authorized by section 5 of the Flood 

22 Control Act of June 22, 1936 (49 Stat. 1570), and modified 

23 by section 2 of the Flood Control Act of June 28, 1938 (52 

24 Stat. 1215), section 2 of the Flood Control Act of August 

25 18, 1941 (55 Stat. 646), and section 4 of the Flood Control 

26 Act of December 22, 1944 (58 Stat. 887), to review operVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
227 

•HR 1495 RH

1 ations of and identify modifications to the project to expand 

2 recreational opportunities. 

3 SEC. 4066. WESTERN PENNSYLVANIA FLOOD DAMAGE RE4 DUCTION, PENNSYLVANIA. 

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

6 study of structural and nonstructural flood damage reduc7 tion, stream bank protection, storm water management, 

8 channel clearing and modification, and watershed coordi9 nation measures in the Mahoning River basin, Pennsyl10 vania, the Allegheny River basin, Pennsylvania, and the 

11 Upper Ohio River basin, Pennsylvania, to provide a level 

12 of flood protection sufficient to prevent future losses to com13 munities located in such basins from flooding such as oc14 curred in September 2004, but not less than a 100-year level 

15 of flood protection. 

16 (b) PRIORITY COMMUNITIES.—In carrying out this 

17 section, the Secretary shall give priority to the following 

18 Pennsylvania communities: Marshall Township, Ross 

19 Township, Shaler Township, Jackson Township, Harmony, 

20 Zelienople, Darlington Township, Houston Borough, 

21 Chartiers Township, Washington, Canton Township, 

22 Tarentum Borough, and East Deer Township. 

23 SEC. 4067. WILLIAMSPORT, PENNSYLVANIA. 

24 The Secretary shall conduct a study of the project for 

25 flood control, Williamsport, Pennsylvania, authorized by 


pwalker on PROD1PC71 with BILLS
228 

•HR 1495 RH

1 section 5 of the Flood Control Act of June 22, 1936 (49 

2 Stat. 1570), to investigate measures to rehabilitate the 

3 project. 

4 SEC. 4068. YARDLEY BOROUGH, PENNSYLVANIA. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for flood damage reduc7 tion, at Yardley Borough, Pennsylvania, including the al8 ternative of raising River Road. 

9 SEC. 4069. RIO VALENCIANO, JUNCOS, PUERTO RICO. 

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

11 study to reevaluate the project for flood damage reduction 

12 and water supply, Rio Valenciano, Juncos, Puerto Rico, 

13 authorized by section 209 of the Flood Control Act of 1962 

14 (76 Stat. 1197) and section 204 of the Flood Control Act 

15 of 1970 (84 Stat. 1828), to determine the feasibility of car16 rying out the project. 

17 (b) CREDIT.—The Secretary shall credit toward the 

18 non-Federal share of the cost of the study the cost of work 

19 carried out by the non-Federal interest before the date of 

20 the partnership agreement for the project if the Secretary 

21 determines that the work is integral to the project. 


pwalker on PROD1PC71 with BILLS
229 

•HR 1495 RH

1 SEC. 4070. CROOKED CREEK, BENNETTSVILLE, SOUTH 

2 CAROLINA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply, Crook5 ed Creek, Bennettsville, South Carolina. 

6 SEC. 4071. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for water supply, Broad 

9 River, York County, South Carolina. 

10 SEC. 4072. CHATTANOOGA, TENNESSEE. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for flood damage reduc13 tion, Chattanooga Creek, Dobbs Branch, Chattanooga, Ten14 nessee. 

15 SEC. 4073. CLEVELAND, TENNESSEE. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for flood damage reduc18 tion, Cleveland, Tennessee. 

19 SEC. 4074. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for recreation on, river22 bank protection for, and environmental protection of, the 

23 Cumberland River and riparian habitats in the city of 

24 Nashville and Davidson County, Tennessee. 


pwalker on PROD1PC71 with BILLS
230 

•HR 1495 RH

1 SEC. 4075. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN2 NESSEE. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply for 

5 Lewis, Lawrence, and Wayne Counties, Tennessee. 

6 SEC. 4076. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS 

7 TENNESSEE. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage reduc10 tion along Wolf River and Nonconnah Creek, in the vicinity 

11 of Memphis, Tennessee, to include the repair, replacement, 

12 rehabilitation, and restoration of the following pumping 

13 stations: Cypress Creek, Nonconnah Creek, Ensley, Marble 

14 Bayou, and Bayou Gayoso. 

15 SEC. 4077. ABILENE, TEXAS. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for water supply, Abi18 lene, Texas. 

19 SEC. 4078. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

20 RESTORATION, TEXAS. 

21 (a) IN GENERAL.—The Secretary shall develop a com22 prehensive plan to determine the feasibility of carrying out 

23 projects for flood damage reduction, hurricane and storm 

24 damage reduction, and ecosystem restoration in the coastal 

25 areas of the State of Texas. 


pwalker on PROD1PC71 with BILLS
231 

•HR 1495 RH

1 (b) SCOPE.—The comprehensive plan shall provide for 

2 the protection, conservation, and restoration of wetlands, 

3 barrier islands, shorelines, and related lands and features 

4 that protect critical resources, habitat, and infrastructure 

5 from the impacts of coastal storms, hurricanes, erosion, and 

6 subsidence. 

7 (c) DEFINITION.—For purposes of this section, the 

8 term ‘‘coastal areas in the State of Texas’’ means the coastal 

9 areas of the State of Texas from the Sabine River on the 

10 east to the Rio Grande River on the west and includes tidal 

11 waters, barrier islands, marshes, coastal wetlands, rivers 

12 and streams, and adjacent areas. 

13 SEC. 4079. JOHNSON CREEK, ARLINGTON, TEXAS. 

14 (a) REEVALUATION OF ENVIRONMENTAL RESTORATION

15 FEATURES.—The Secretary shall reevaluate the project for 

16 flood damage reduction, environmental restoration, and 

17 recreation, authorized by section 101(b)(14) of the Water 

18 Resources Development Act of 1999 (113 Stat. 280), to de19 velop alternatives to the separable environmental restora20 tion element of the project. 

21 (b) STUDY OF ADDITIONAL FLOOD DAMAGE REDUC22 TION MEASURES.—The Secretary shall conduct a study to 

23 determine the feasibility of additional flood damage reduc24 tion measures and erosion control measures within the 

25 boundaries of the project referred to in subsection (a). 


pwalker on PROD1PC71 with BILLS
232 

•HR 1495 RH

1 (c) PLANS AND DESIGNS.—In conducting the studies 

2 referred to in subsections (a) and (b), the Secretary shall 

3 review plans and designs developed by non-Federal interests 

4 and shall use such plans and designs to the extent that the 

5 Secretary determines that such plans and designs are con6 sistent with Federal standards. 

7 (d) CREDIT TOWARD FEDERAL SHARE.—If an alter8 native environmental restoration element is authorized by 

9 law, the Secretary shall credit toward the Federal share of 

10 the cost of that project the costs incurred by the Secretary 

11 to carry out the separable environmental restoration ele12 ment of the project referred to in subsection (a). The non13 Federal interest shall not be responsible for reimbursing the 

14 Secretary for any amount credited under this subsection. 

15 (e) CREDIT TOWARD THE NON-FEDERAL SHARE.— 

16 The Secretary shall credit toward the non-Federal share of 

17 the cost of the studies under subsections (a) and (b), and 

18 the cost of any project carried out as a result of such studies 

19 the cost of work carried out by the non-Federal interest. 

20 SEC. 4080. PORT OF GALVESTON, TEXAS. 

21 The Secretary shall conduct a study of the feasibility 

22 of carrying out a project for dredged material disposal in 

23 the vicinity of the project for navigation and environmental 

24 restoration, Houston-Galveston Navigation Channels, 


pwalker on PROD1PC71 with BILLS
233 

•HR 1495 RH

1 Texas, authorized by section 101(a)(30) of the Water Re2 sources Development Act of 1996 (110 Stat. 3666). 

3 SEC. 4081. GRAND COUNTY AND MOAB, UTAH. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for water supply for 

6 Grand County and the city of Moab, Utah, including a re7 view of the impact of current and future demands on the 

8 Spanish Valley Aquifer. 

9 SEC. 4082. SOUTHWESTERN UTAH. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for flood damage reduc12 tion, Santa Clara River, Washington, Iron, and Kane 

13 Counties, Utah. 

14 SEC. 4083. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

15 CAROLINA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for flood damage reduc18 tion, environmental restoration, navigation, and erosion 

19 control, Chowan River basin, Virginia and North Carolina. 

20 SEC. 4084. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

21 (a) IN GENERAL.—The study for rehabilitation of the 

22 Elliott Bay Seawall, Seattle, Washington, being carried out 

23 under Committee Resolution 2704 of the Committee on 

24 Transportation and Infrastructure of the House of Rep25 resentatives adopted September 25, 2002, is modified to inVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
234 

•HR 1495 RH

1 clude a determination of the feasibility of reducing future 

2 damage to the seawall from seismic activity. 

3 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

4 out the study, the Secretary may accept contributions in 

5 excess of the non-Federal share of the cost of the study from 

6 the non-Federal interest to the extent that the Secretary de7 termines that the contributions will facilitate completion of 

8 the study. 

9 (c) CREDIT.—The Secretary shall credit toward the 

10 non-Federal share of the cost of any project authorized by 

11 law as a result of the study the value of contributions ac12 cepted by the Secretary under subsection (b). 

13 SEC. 4085. MONONGAHELA RIVER BASIN, NORTHERN WEST 

14 VIRGINIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out aquatic ecosystem restoration 

17 and protection projects in the watersheds of the 

18 Monongahela River Basin lying within the counties of 

19 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

20 Doddridge, Monongalia, Marion, Harrison, Taylor, 

21 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, 

22 and Rithchie, West Virginia, particularly as related to 

23 abandoned mine drainage abatement. 


pwalker on PROD1PC71 with BILLS
235 

•HR 1495 RH

1 SEC. 4086. KENOSHA HARBOR, WISCONSIN. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for navigation, Kenosha 

4 Harbor, Wisconsin, including the extension of existing 

5 piers. 

6 SEC. 4087. WAUWATOSA, WISCONSIN. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for flood damage reduc9 tion and environmental restoration, Menomonee River and 

10 Underwood Creek, Wauwatosa, Wisconsin, and greater Mil11 waukee watersheds, Wisconsin. 

12 SEC. 4088. JOHNSONVILLE DAM, JOHNSONVILLE, WIS13 CONSIN. 

14 The Secretary shall conduct a study of the Johnsonville 

15 Dam, Johnsonville, Wisconsin, to determine if the structure 

16 prevents ice jams on the Sheboygan River. 

17 TITLE V—MISCELLANEOUS 

18 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

19 (a) IN GENERAL.—Upon request of a non-Federal in20 terest, the Secretary shall be responsible for maintenance 

21 of the following navigation channels and breakwaters con22 structed or improved by the non-Federal interest if the Sec23 retary determines that such maintenance is economically 

24 justified and environmentally acceptable and that the chan25 nel or breakwater was constructed in accordance with apVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
236 

•HR 1495 RH

1 plicable permits and appropriate engineering and design 

2 standards: 

3 (1) Manatee Harbor basin, Florida. 

4 (2) Bayou LaFourche Channel, Port Fourchon, 

5 Louisiana. 

6 (3) Calcasieu River at Devil’s Elbow, Louisiana. 

7 (4) Pidgeon Industrial Harbor, Pidgeon Indus8 trial Park, Memphis Harbor, Tennessee. 

9 (5) Pix Bayou Navigation Channel, Chambers 

10 County, Texas. 

11 (6) Racine Harbor, Wisconsin. 

12 (b) COMPLETION OF ASSESSMENT.—Not later than 6 

13 months after the date of receipt of a request from a non14 Federal interest for Federal assumption of maintenance of 

15 a channel listed in subsection (a), the Secretary shall make 

16 a determination as provided in subsection (a) and advise 

17 the non-Federal interest of the Secretary’s determination. 

18 SEC. 5002. WATERSHED MANAGEMENT. 

19 (a) IN GENERAL.—The Secretary may provide tech20 nical, planning, and design assistance to non-Federal inter21 ests for carrying out watershed management, restoration, 

22 and development projects at the locations described in sub23 section (d). 


pwalker on PROD1PC71 with BILLS
237 

•HR 1495 RH

1 (b) SPECIFIC MEASURES.—Assistance provided under 

2 subsection (a) may be in support of non-Federal projects 

3 for the following purposes: 

4 (1) Management and restoration of water qual5 ity. 

6 (2) Control and remediation of toxic sediments. 

7 (3) Restoration of degraded streams, rivers, wet8 lands, and other waterbodies to their natural condi9 tion as a means to control flooding, excessive erosion, 

10 and sedimentation. 

11 (4) Protection and restoration of watersheds, in12 cluding urban watersheds. 

13 (5) Demonstration of technologies for non14 structural measures to reduce destructive impacts of 

15 flooding. 

16 (c) NON-FEDERAL SHARE.—The non-Federal share of 

17 the cost of assistance provided under subsection (a) shall 

18 be 50 percent. 

19 (d) PROJECT LOCATIONS.—The locations referred to in 

20 subsection (a) are the following: 

21 (1) Big Creek watershed, Roswell, Georgia. 

22 (2) Those portions of the watersheds of the Chat23 tahoochee, Etowah, Flint, Ocmulgee, and Oconee Riv24 ers lying within the counties of Bartow, Cherokee, 

25 Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 


pwalker on PROD1PC71 with BILLS
238 

•HR 1495 RH

1 Fulton, Forsyth, Gwinnett, Hall, Henry, Paulding, 

2 Rockdale, and Walton, Georgia. 

3 (3) Kinkaid Lake, Jackson County, Illinois. 

4 (4) Amite River basin, Louisiana. 

5 (5) East Atchafalaya River basin, Iberville Par6 ish and Pointe Coupee Parish, Louisiana. 

7 (6) Red River watershed, Louisiana. 

8 (7) Lower Platte River watershed, Nebraska. 

9 (8) Rio Grande watershed, New Mexico. 

10 (9) Taunton River basin, Massachusetts. 

11 (10) Marlboro Township, New Jersey. 

12 (11) Esopus, Plattekill, and Rondout Creeks, 

13 Greene, Sullivan, and Ulster Counties, New York. 

14 (12) Greenwood Lake watershed, New York and 

15 New Jersey. 

16 (13) Long Island Sound watershed, New York. 

17 (14) Ramapo River watershed, New York. 

18 (15) Western Lake Erie basin, Ohio. 

19 (16) Those portions of the watersheds of the Bea20 ver, Upper Ohio, Connoquenessing, Lower Allegheny, 

21 Kiskiminetas, Lower Monongahela, Youghiogheny, 

22 Shenango, and Mahoning Rivers lying within the 

23 counties of Beaver, Butler, Lawrence, and Mercer, 

24 Pennsylvania. 

25 (17) Otter Creek watershed, Pennsylvania. 


pwalker on PROD1PC71 with BILLS
239 

•HR 1495 RH

1 (18) Unami Creek watershed, Milford Township, 

2 Pennsylvania. 

3 (19) Sauk River basin, Washington. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $15,000,000. 

7 SEC. 5003. DAM SAFETY. 

8 (a) ASSISTANCE.—The Secretary may provide assist9 ance to enhance dam safety at the following locations: 

10 (1) Fish Creek Dam, Blaine County, Idaho. 

11 (2) Hamilton Dam, Saginaw River, Flint, 

12 Michigan. 

13 (3) State Dam, Auburn, New York. 

14 (4) Whaley Lake Dam, Pawling, New York. 

15 (5) Ingham Spring Dam, Solebury Township, 

16 Pennsylvania. 

17 (6) Leaser Lake Dam, Lehigh County, Pennsyl18 vania. 

19 (7) Stillwater Dam, Monroe County, Pennsyl20 vania. 

21 (8) Wissahickon Creek Dam, Montgomery Coun22 ty, Pennsylvania. 

23 (b) SPECIAL RULE.—The assistance provided under 

24 subsection (a) for State Dam, Auburn, New York, shall be 

25 for a project for rehabilitation in accordance with the report 


pwalker on PROD1PC71 with BILLS
240 

•HR 1495 RH

1 on State Dam Rehabilitation, Owasco Lake Outlet, New 

2 York, dated March 1999, if the Secretary determines that 

3 the project is feasible. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out subsection (a) 

6 $6,000,000. 

7 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

8 (a) IN GENERAL.—Upon request of a non-Federal in9 terest, the Secretary shall evaluate the structural integrity 

10 and effectiveness of a project for flood damage reduction 

11 and, if the Secretary determines that the project does not 

12 meet such minimum standards as the Secretary may estab13 lish and, absent action by the Secretary, the project will 

14 fail, the Secretary may take such action as may be nec15 essary to restore the integrity and effectiveness of the 

16 project. 

17 (b) PRIORITY.—The Secretary shall evaluate under 

18 subsection (a) the following projects: 

19 (1) Project for flood damage reduction, Arkansas 

20 River Levees, Arkansas. 

21 (2) Project for flood damage reduction, 

22 Nonconnah Creek, Tennessee. 


pwalker on PROD1PC71 with BILLS
241 

•HR 1495 RH

1 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

2 (a) IN GENERAL.—Section 212(e) of the Water Re3 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

4 Stat. 2599) is amended— 

5 (1) by striking ‘‘and’’ at the end of paragraphs 

6 (23) and (27); 

7 (2) by striking the period at the end of para8 graph (28) and inserting a semicolon; and 

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

10 ‘‘(29) Ascension Parish, Louisiana; 

11 ‘‘(30) East Baton Rouge Parish, Louisiana; 

12 ‘‘(31) Iberville Parish, Louisiana; 

13 ‘‘(32) Livingston Parish, Louisiana; and 

14 ‘‘(33) Pointe Coupee Parish, Louisiana.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended by 

17 striking ‘‘section—’’ and all that follows before the period 

18 at the end and inserting ‘‘section $20,000,000’’. 

19 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

20 PROJECTS. 

21 (a) IN GENERAL.—Section 219(e) of the Water Re22 sources Development Act of 1992 (106 Stat. 4835; 110 Stat. 

23 3757; 113 Stat. 334) is amended— 

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (7); 


pwalker on PROD1PC71 with BILLS
242 

•HR 1495 RH

1 (2) by striking the period at the end of para2 graph (8) and inserting a semicolon; and 

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

4 ‘‘(9) $35,000,000 for the project described in sub5 section (c)(18); 

6 ‘‘(10) $27,000,000 for the project described in 

7 subsection (c)(19); 

8 ‘‘(11) $20,000,000 for the project described in 

9 subsection (c)(20); 

10 ‘‘(12) $35,000,000 for the project described in 

11 subsection (c)(23); 

12 ‘‘(13) $20,000,000 for the project described in 

13 subsection (c)(25); 

14 ‘‘(14) $20,000,000 for the project described in 

15 subsection (c)(26); 

16 ‘‘(15) $35,000,000 for the project described in 

17 subsection (c)(27); 

18 ‘‘(16) $20,000,000 for the project described in 

19 subsection (c)(28); and 

20 ‘‘(17) $30,000,000 for the project described in 

21 subsection (c)(40).’’. 

22 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR23 KANSAS.—Federal assistance made available under the 

24 rural enterprise zone program of the Department of Agri25 culture may be used toward payment of the non-Federal 


pwalker on PROD1PC71 with BILLS
243 

•HR 1495 RH

1 share of the costs of the project described in section 

2 219(c)(20) of the Water Resources Development Act of 1992 

3 (114 Stat. 2763A–219) if such assistance is authorized to 

4 be used for such purposes. 

5 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CON6 STRUCTION FOR CERTAIN PROJECTS. 

7 The Secretary shall expedite completion of the reports 

8 and, if the Secretary determines that the project is feasible, 

9 shall expedite completion of construction for the following 

10 projects: 

11 (1) False River, Louisiana, being carried out 

12 under section 206 of the Water Resources Development 

13 Act of 1996 (33 U.S.C. 2330). 

14 (2) Fulmer Creek, Village of Mohawk, New York, 

15 being carried out under section 205 of the Flood Con16 trol Act of 1948 (33 U.S.C. 701s). 

17 (3) Moyer Creek, Village of Frankfort, New York, 

18 being carried out under section 205 of the Flood Con19 trol Act of 1948 (33 U.S.C. 701s). 

20 (4) Steele Creek, Village of Ilion, New York, 

21 being carried out under section 205 of the Flood Con22 trol Act of 1948 (33 U.S.C. 701s). 

23 (5) Oriskany Wildlife Management Area, Rome, 

24 New York, being carried out under section 206 of the 


pwalker on PROD1PC71 with BILLS
244 

•HR 1495 RH

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

2 2330). 

3 (6) Whitney Point Lake, Otselic River, Whitney 

4 Point, New York, being carried out under section 

5 1135 of the Water Resources Development Act of 1986 

6 (33 U.S.C. 2309a). 

7 (7) North River, Peabody, Massachusetts, being 

8 carried out under section 205 of the Flood Control Act 

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

10 (8) Chenango Lake, Chenango County, New 

11 York, being carried out under section 206 of the 

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

13 2330). 

14 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER15 TAIN PROJECTS. 

16 (a) IN GENERAL.—The Secretary shall expedite com17 pletion of the reports for the following projects and, if the 

18 Secretary determines that a project is justified in the com19 pleted report, proceed directly to project preconstruction, 

20 engineering, and design: 

21 (1) Project for water supply, Little Red River, 

22 Arkansas. 

23 (2) Project for shoreline stabilization at Egmont 

24 Key, Florida. 


pwalker on PROD1PC71 with BILLS
245 

•HR 1495 RH

1 (3) Project for ecosystem restoration, University 

2 Lake, Baton Rouge, Louisiana. 

3 (4) Project for navigation, Sabine-Neches Water4 way, Texas and Louisiana. 

5 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.—In 

6 carrying out the project for shoreline stabilization at 

7 Egmont Key, Florida, referred to in subsection (a)(3), the 

8 Secretary shall waive any cost share to be provided by non9 Federal interests for any portion of the project that benefits 

10 federally owned property. 

11 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS12 MENT. 

13 (a) IN GENERAL.—The Secretary shall conduct, at 

14 Federal expense, an assessment of the water resources needs 

15 of the river basins and watersheds of the southeastern 

16 United States. 

17 (b) COOPERATIVE AGREEMENTS.—In carrying out the 

18 assessment, the Secretary may enter into cooperative agree19 ments with State and local agencies, non-Federal and non20 profit entities, and regional researchers. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $7,000,000 to carry out this 

23 section. 


pwalker on PROD1PC71 with BILLS
246 

•HR 1495 RH

1 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

2 MANAGEMENT PROGRAM. 

3 Section 1103(e)(7) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 652(e)(7)) is amended— 

5 (1) by adding at the end of subparagraph (A) the 

6 following: ‘‘The non-Federal interest may provide the 

7 non-Federal share of the cost of the project in the form 

8 of in-kind services and materials.’’; and 

9 (2) by inserting after subparagraph (B) the fol10 lowing: 

11 ‘‘(C) Notwithstanding section 221 of the Flood Control 

12 Act of 1970 (42 U.S.C. 1962d–5b), a non-Federal interest 

13 may include for any project undertaken under this section, 

14 a nonprofit entity with the consent of the affected local gov15 ernment.’’. 

16 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVER EN17 HANCEMENT PROJECT. 

18 Section 514(g) of the Water Resources Development Act 

19 of 1999 (113 Stat. 343; 117 Stat. 142) is amended by strik20 ing ‘‘and 2004’’ and inserting ‘‘through 2015’’. 

21 SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RES22 TORATION. 

23 Section 506(f)(3)(B) of the Water Resources Develop24 ment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 2646) 

25 is amended by striking ‘‘50 percent’’ and inserting ‘‘100 

26 percent’’. 


pwalker on PROD1PC71 with BILLS
247 

•HR 1495 RH

1 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

2 SEDIMENT REMEDIATION. 

3 Section 401(c) of the Water Resources Development Act 

4 of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended 

5 by striking ‘‘through 2006’’ and inserting ‘‘through 2012’’. 

6 SEC. 5014. GREAT LAKES TRIBUTARY MODELS. 

7 Section 516(g)(2) of the Water Resources Development 

8 Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking 

9 ‘‘through 2006’’ and inserting ‘‘through 2012’’. 

10 SEC. 5015. GREAT LAKES NAVIGATION. 

11 (a) IN GENERAL.—Using available funds, the Sec12 retary shall expedite the operation and maintenance, in13 cluding dredging, of the navigation features of the Great 

14 Lakes and Connecting Channels for the purpose of sup15 porting commercial navigation to authorized project depths. 

16 (b) GREAT LAKES AND CONNECTING CHANNELS DE17 FINED.—In this section, the term ‘‘Great Lakes and Con18 necting Channels’’ includes Lakes Superior, Huron, Michi19 gan, Erie, and Ontario, all connecting waters between and 

20 among such lakes used for commercial navigation, any 

21 navigation features in such lakes or waters that are a Fed22 eral operation or maintenance responsibility, and areas of 

23 the Saint Lawrence River that are operated or maintained 

24 by the Federal government for commercial navigation. 


pwalker on PROD1PC71 with BILLS
248 

•HR 1495 RH

1 SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER 

2 PROJECT. 

3 (a) IN GENERAL.—The Secretary, in consultation with 

4 appropriate Federal and State agencies, shall study, design, 

5 and carry out a project for preventing and reducing the 

6 dispersal of aquatic nuisance species through the Upper 

7 Mississippi River system. The Secretary shall complete the 

8 study, design, and construction of the project not later than 

9 6 months after the date of enactment of this Act. 

10 (b) DISPERSAL BARRIER.—The Secretary, at Federal 

11 expense, shall— 

12 (1) investigate and identify environmentally 

13 sound methods for preventing and reducing the dis14 persal of aquatic nuisance species; 

15 (2) study, design, and carry out a project for a 

16 dispersal barrier, using available technologies and 

17 measures, to be located in the lock portion of Lock 

18 and Dam 11 in the Upper Mississippi River basin; 

19 (3) monitor and evaluate, in cooperation with 

20 the Director of the United States Fish and Wildlife 

21 Service, the effectiveness of the project in preventing 

22 and reducing the dispersal of aquatic nuisance species 

23 through the Upper Mississippi River system, and re24 port to the Committee on Transportation and Infra25 structure of the House of Representatives and the 


pwalker on PROD1PC71 with BILLS
249 

•HR 1495 RH

1 Committee on Environment and Public Works of the 

2 Senate on the results of the evaluation; and 

3 (4) operate and maintain the project. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $4,000,000 to carry out this 

6 section. 

7 SEC. 5017. SUSQUEHANNA, DELAWARE, AND POTOMAC 

8 RIVER BASINS, DELAWARE, MARYLAND, PENN9 SYLVANIA, AND VIRGINIA. 

10 (a) EX OFFICIO MEMBER.—Notwithstanding section 

11 3001(a) of the 1997 Emergency Supplemental Appropria12 tions Act for Recovery From Natural Disasters, and for 

13 Overseas Peacekeeping Efforts, Including Those in Bosnia 

14 (Public Law 105–18; 111 Stat. 176), section 2.2 of the Sus15 quehanna River Basin Compact (Public Law 91–575), and 

16 section 2.2 of the Delaware River Basin Compact (Public 

17 Law 87–328), beginning in fiscal year 2002, and each fiscal 

18 year thereafter, the Division Engineer, North Atlantic Divi19 sion, Corps of Engineers— 

20 (1) shall be the ex officio United States member 

21 under the Susquehanna River Basin Compact, the 

22 Delaware River Basin Compact, and the Potomac 

23 River Basin Compact; 

24 (2) shall serve without additional compensation; 

25 and 


pwalker on PROD1PC71 with BILLS
250 

•HR 1495 RH

1 (3) may designate an alternate member in ac2 cordance with the terms of those compacts. 

3 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

4 shall allocate funds to the Susquehanna River Basin Com5 mission, Delaware River Basin Commission, and the Inter6 state Commission on the Potomac River Basin (Potomac 

7 River Basin Compact (Public Law 91–407)) to fulfill the 

8 equitable funding requirements of the respective interstate 

9 compacts. 

10 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

11 DELAWARE RIVER BASIN.— 

12 (1) IN GENERAL.—The Secretary shall enter into 

13 an agreement with the Delaware River Basin Com14 mission to provide temporary water supply and con15 servation storage at the Francis E. Walter Dam, 

16 Pennsylvania, for any period during which the Com17 mission has determined that a drought warning or 

18 drought emergency exists. 

19 (2) LIMITATION.—The agreement shall provide 

20 that the cost for water supply and conservation stor21 age under paragraph (1) shall not exceed the incre22 mental operating costs associated with providing the 

23 storage. 

24 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

25 SUSQUEHANNA RIVER BASIN.— 


pwalker on PROD1PC71 with BILLS
251 

•HR 1495 RH

1 (1) IN GENERAL.—The Secretary shall enter into 

2 an agreement with the Susquehanna River Basin 

3 Commission to provide temporary water supply and 

4 conservation storage at Federal facilities operated by 

5 the Corps of Engineers in the Susquehanna River 

6 Basin for any period for which the Commission has 

7 determined that a drought warning or drought emer8 gency exists. 

9 (2) LIMITATION.—The agreement shall provide 

10 that the cost for water supply and conservation stor11 age under paragraph (1) shall not exceed the incre12 mental operating costs associated with providing the 

13 storage. 

14 (e) WATER SUPPLY AND CONSERVATION STORAGE, PO15 TOMAC RIVER BASIN.— 

16 (1) IN GENERAL.—The Secretary shall enter into 

17 an agreement with the Potomac River Basin Commis18 sion to provide temporary water supply and con19 servation storage at Federal facilities operated by the 

20 Corps of Engineers in the Potomac River Basin for 

21 any period for which the Commission has determined 

22 that a drought warning or drought emergency exists. 

23 (2) LIMITATION.—The agreement shall provide 

24 that the cost for water supply and conservation stor25 age under paragraph (1) shall not exceed the increVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
252 

•HR 1495 RH

1 mental operating costs associated with providing the 

2 storage. 

3 SEC. 5018. CHESAPEAKE BAY ENVIRONMENTAL RESTORA4 TION AND PROTECTION PROGRAM. 

5 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

6 Water Resources Development Act of 1996 (110 Stat. 3759) 

7 is amended by striking ‘‘, and beneficial uses of dredged 

8 material’’ and inserting ‘‘, beneficial uses of dredged mate9 rial, and restoration of submerged aquatic vegetation’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 510(i) of such Act (110 Stat. 3761) is amended by striking 

12 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

13 SEC. 5019. HYPOXIA ASSESSMENT. 

14 The Secretary may participate with Federal, State, 

15 and local agencies, non-Federal and nonprofit entities, re16 gional researchers, and other interested parties to assess hy17 poxia in the Gulf of Mexico. 

18 SEC. 5020. POTOMAC RIVER WATERSHED ASSESSMENT AND 

19 TRIBUTARY STRATEGY EVALUATION AND 

20 MONITORING PROGRAM. 

21 The Secretary may participate in the Potomac River 

22 Watershed Assessment and Tributary Strategy Evaluation 

23 and Monitoring Program to identify a series of resource 

24 management indicators to accurately monitor the effective25 ness of the implementation of the agreed upon tributary 


pwalker on PROD1PC71 with BILLS
253 

•HR 1495 RH

1 strategies and other public policies that pertain to natural 

2 resource protection of the Potomac River watershed. 

3 SEC. 5021. LOCK AND DAM SECURITY. 

4 (a) STANDARDS.—The Secretary, in consultation with 

5 the Federal Emergency Management Agency, the Tennessee 

6 Valley Authority, and the Coast Guard, shall develop stand7 ards for the security of locks and dams, including the test8 ing and certification of vessel exclusion barriers. 

9 (b) SITE SURVEYS.—At the request of a lock or dam 

10 owner, the Secretary shall provide technical assistance, on 

11 a reimbursable basis, to improve lock or dam security. 

12 (c) COOPERATIVE AGREEMENT.—The Secretary may 

13 enter into a cooperative agreement with a nonprofit alliance 

14 of public and private organizations that has the mission 

15 of promoting safe waterways and seaports to carry out test16 ing and certification activities, and to perform site surveys, 

17 under this section. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $3,000,000 to carry out this 

20 section. 

21 SEC. 5022. REHABILITATION. 

22 The Secretary, at Federal expense and not to exceed 

23 $1,000,000, shall rehabilitate and improve the water-related 

24 infrastructure and the transportation infrastructure for the 

25 historic property in the Anacostia River Watershed located 


pwalker on PROD1PC71 with BILLS
254 

•HR 1495 RH

1 in the District of Columbia, including measures to address 

2 wet weather conditions. To carry out this section, the Sec3 retary shall accept funds provided for such project under 

4 any other Federal program. 

5 SEC. 5023. RESEARCH AND DEVELOPMENT PROGRAM FOR 

6 COLUMBIA AND SNAKE RIVER SALMON SUR7 VIVAL. 

8 Section 511 of the Water Resources Development Act 

9 of 1996 (16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 

10 375) is amended— 

11 (1) in subsection (a)(6) by striking 

12 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 

13 (2) in subsection (c)(2) by striking ‘‘$1,000,000’’ 

14 and inserting ‘‘$10,000,000’’. 

15 SEC. 5024. AUBURN, ALABAMA. 

16 The Secretary may provide technical assistance relat17 ing to water supply to the city of Auburn, Alabama. There 

18 is authorized to be appropriated $5,000,000 to carry out 

19 this section. 

20 SEC. 5025. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

21 (a) PROJECT AUTHORIZATION.—The Secretary shall 

22 design and construct the locally preferred plan for flood pro23 tection at Pinhook Creek, Huntsville, Alabama. In carrying 

24 out the project, the Secretary shall utilize, to the extent 

25 practicable, the existing detailed project report for the 


pwalker on PROD1PC71 with BILLS
255 

•HR 1495 RH

1 project prepared under the authority of section 205 of the 

2 Flood Control Act of 1948 (33 U.S.C. 701s). 

3 (b) PARTICIPATION BY NON-FEDERAL INTEREST.— 

4 The Secretary shall allow the non-Federal interest to par5 ticipate in the financing of the project in accordance with 

6 section 903(c) of the Water Resources Development Act of 

7 1986 (100 Stat. 4184) to the extent that the Secretary’s 

8 evaluation indicates that applying such section is necessary 

9 to implement the project. 

10 (c) CREDIT.—The Secretary shall credit toward the 

11 non-Federal share of the cost of the project the cost of work 

12 carried out by the non-Federal interest before the date of 

13 the partnership agreement for the project if the Secretary 

14 determines that the work is integral to the project. 

15 SEC. 5026. ALASKA. 

16 Section 570 of the Water Resources Development Act 

17 of 1999 (113 Stat. 369) is amended— 

18 (1) in subsection (c) by inserting ‘‘environmental 

19 restoration,’’ after ‘‘water supply and related facili20 ties,’’; 

21 (2) in subsection (e)(3)(B) by striking the last 

22 sentence; 

23 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

24 and inserting ‘‘$45,000,000’’; and 

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


pwalker on PROD1PC71 with BILLS
256 

•HR 1495 RH

1 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

2 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

3 5b(b)), a non-Federal interest may include for any project 

4 undertaken under this section a nonprofit entity with the 

5 consent of the affected local government. 

6 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

7 of the amounts appropriated to carry out this section may 

8 be used by the Corps of Engineers district offices to admin9 ister projects under this section at Federal expense.’’. 

10 SEC. 5027. BARROW, ALASKA. 

11 The Secretary shall carry out, under section 117 of the 

12 Energy and Water Development Appropriations Act, 2005 

13 (118 Stat. 2944), a nonstructural project for coastal erosion 

14 and storm damage prevention and reduction at Barrow, 

15 Alaska, including relocation of infrastructure. 

16 SEC. 5028. COFFMAN COVE, ALASKA. 

17 The Secretary is authorized to carry out a project for 

18 navigation, Coffman Cove, Alaska, at a total cost of 

19 $3,000,000. 

20 SEC. 5029. FIRE ISLAND, ALASKA. 

21 (a) IN GENERAL.—The Secretary is authorized to pro22 vide planning, design, and construction assistance to the 

23 non-Federal interest for the construction of a causeway be24 tween Point Campbell and Fire Island, Alaska, including 


pwalker on PROD1PC71 with BILLS
257 

•HR 1495 RH

1 the beneficial use of dredged material in the construction 

2 of the causeway. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $5,000,000 to carry out this 

5 section. 

6 SEC. 5030. FORT YUKON, ALASKA. 

7 The Secretary shall make repairs to the dike at Fort 

8 Yukon, Alaska, so that the dike meets Corps of Engineers 

9 standards. 

10 SEC. 5031. KOTZEBUE HARBOR, ALASKA. 

11 The Secretary is authorized to carry out a project for 

12 navigation, Kotzebue Harbor, Kotzebue, Alaska, at total 

13 cost of $2,200,000. 

14 SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

15 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

16 Secretary shall assume responsibility for the long-term 

17 maintenance and repair of the Lowell Creek Tunnel. 

18 (b) STUDY.—The Secretary shall conduct a study to 

19 determine whether alternative methods of flood diversion in 

20 Lowell Canyon are feasible. 

21 SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

22 ALASKA. 

23 The Secretary shall carry out, on an emergency basis, 

24 necessary removal of rubble, sediment, and rock impeding 


pwalker on PROD1PC71 with BILLS
258 

•HR 1495 RH

1 the entrance to the St. Herman and St. Paul Harbors, Ko2 diak, Alaska, at a Federal cost of $2,000,000. 

3 SEC. 5034. TANANA RIVER, ALASKA. 

4 The Secretary shall carry out, on an emergency basis, 

5 the removal of the hazard to navigation on the Tanana 

6 River, Alaska, near the mouth of the Chena River, as de7 scribed in the January 3, 2005, memorandum from the 

8 Commander, Seventeenth Coast Guard District, to the 

9 Corps of Engineers, Alaska District, Anchorage, Alaska. 

10 SEC. 5035. VALDEZ, ALASKA. 

11 The Secretary is authorized to construct a small boat 

12 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

13 with an estimated Federal cost of $10,500,000 and an esti14 mated non-Federal cost of $9,500,000. 

15 SEC. 5036. WHITTIER, ALASKA. 

16 (a) STUDY.—The Secretary shall conduct, at Federal 

17 expense, a study to determine the feasibility of carrying out 

18 projects for navigation at Whittier, Alaska, to construct a 

19 new boat harbor at the head of Whittier Bay and to expand 

20 the existing harbor and, if the Secretary determines that 

21 a project is feasible, the Secretary may carry out the project. 

22 (b) NON-FEDERAL COST SHARE.—The non-Federal 

23 interest for the project may use, and the Secretary shall ac24 cept, funds provided by a Federal agency under any other 

25 Federal program, to satisfy, in whole or in part, the nonVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
259 

•HR 1495 RH

1 Federal share of the cost of the project if such funds are 

2 authorized to be used to carry out the project. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $35,200,000. 

6 SEC. 5037. WRANGELL HARBOR, ALASKA. 

7 (a) GENERAL NAVIGATION FEATURES.—In carrying 

8 out the project for navigation, Wrangell Harbor, Alaska, 

9 authorized by section 101(b)(1) of the Water Resources De10 velopment Act of 1999 (113 Stat. 279), the Secretary shall 

11 consider the dredging of the mooring basin and construction 

12 of the inner harbor facilities to be general navigation fea13 tures for purposes of estimating the non-Federal share of 

14 project costs. 

15 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

16 Secretary shall revise the partnership agreement for the 

17 project to reflect the change required by subsection (a). 

18 SEC. 5038. AUGUSTA AND CLARENDON, ARKANSAS. 

19 (a) IN GENERAL.—The Secretary is authorized to per20 form operation, maintenance, and rehabilitation of author21 ized and completed levees on the White River between Au22 gusta and Clarendon, Arkansas. 

23 (b) REIMBURSEMENT.—After performing the oper24 ation, maintenance, and rehabilitation under subsection 

25 (a), the Secretary shall seek reimbursement from the SecVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
260 

•HR 1495 RH

1 retary of the Interior of an amount equal to the costs allo2 cated to benefits to a Federal wildlife refuge of such oper3 ation, maintenance, and rehabilitation. 

4 SEC. 5039. DES ARC LEVEE PROTECTION, ARKANSAS. 

5 The Secretary shall review the project for flood control, 

6 Des Arc, Arkansas, to determine whether bank and channel 

7 scour along the White River threaten the existing project 

8 and whether the scour is as a result of a design deficiency. 

9 If the Secretary determines that such conditions exist as 

10 a result of a deficiency, the Secretary shall carry out meas11 ures to eliminate the deficiency. 

12 SEC. 5040. LOOMIS LANDING, ARKANSAS. 

13 The Secretary shall conduct a study of shore damage 

14 in the vicinity of Loomis Landing, Arkansas, to determine 

15 if the damage is the result of a Federal navigation project, 

16 and, if the Secretary determines that the damage is the re17 sult of a Federal navigation project, the Secretary shall 

18 carry out a project to mitigate the damage under section 

19 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). 

20 SEC. 5041. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS21 SOURI. 

22 The Secretary shall conduct a study of increased silta23 tion and streambank erosion in the St. Francis River 

24 Basin, Arkansas and Missouri, to determine if the siltation 

25 or erosion, or both, are the result of a Federal flood control 


pwalker on PROD1PC71 with BILLS
261 

•HR 1495 RH

1 project and, if the Secretary determines that the siltation 

2 or erosion, or both, are the result of a Federal flood control 

3 project, the Secretary shall carry out a project to mitigate 

4 the siltation or erosion, or both. 

5 SEC. 5042. CAMBRIA, CALIFORNIA. 

6 Section 219(f)(48) of the Water Resources Development 

7 Act of 1992 (114 Stat. 2763A–220) is amended— 

8 (1) by striking ‘‘$10,300,000’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—$10,300,000’’; 

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

12 ‘‘(B) CREDIT.—The Secretary shall credit 

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

14 project not to exceed $3,000,000 for the cost of 

15 planning and design work carried out by the 

16 non-Federal interest before the date of the part17 nership agreement for the project if the Secretary 

18 determines that the work is integral to the 

19 project.’’; and 

20 (3) by aligning the remainder of the text of sub21 paragraph (A) (as designated by paragraph (1) of 

22 this section) with subparagraph (B) (as added by 

23 paragraph (2) of this section). 


pwalker on PROD1PC71 with BILLS
262 

•HR 1495 RH

1 SEC. 5043. CONTRA COSTA CANAL, OAKLEY AND 

2 KNIGHTSEN, CALIFORNIA; MALLARD SLOUGH, 

3 PITTSBURG, CALIFORNIA. 

4 Sections 512 and 514 of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2650) are each amended by 

6 adding at the end the following: ‘‘All planning, study, de7 sign, and construction on the project shall be carried out 

8 by the office of the district engineer, San Francisco, Cali9 fornia.’’. 

10 SEC. 5044. DANA POINT HARBOR, CALIFORNIA. 

11 The Secretary shall conduct a study of the causes of 

12 water quality degradation within Dana Point Harbor, 

13 California, to determine if the degradation is the result of 

14 a Federal navigation project, and, if the Secretary deter15 mines that the degradation is the result of a Federal naviga16 tion project, the Secretary shall carry out a project to miti17 gate the degradation at Federal expense. 

18 SEC. 5045. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

19 Section 219(f)(22) of the Water Resources Development 

20 Act of 1992 (113 Stat. 336) is amended— 

21 (1) by striking ‘‘$25,000,000’’ and inserting the 

22 following: 

23 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

25 ‘‘(B) CREDIT.—The Secretary shall credit 

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


pwalker on PROD1PC71 with BILLS
263 

•HR 1495 RH

1 project (i) the cost of design and construction 

2 work carried out by the non-Federal interest be3 fore, on, or after the date of the partnership 

4 agreement for the project if the Secretary deter5 mines that the work is integral to the project; 

6 and (ii) the cost of provided for the project by 

7 the non-Federal interest. 

8 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non9 Federal interest may provide any portion of the 

10 non-Federal share of the cost of the project in the 

11 form of in-kind services and materials.’’; and 

12 (3) by aligning the remainder of the text of sub13 paragraph (A) (as designated by paragraph (1) of 

14 this section) with subparagraph (B) (as added by 

15 paragraph (2) of this section). 

16 SEC. 5046. EASTERN SANTA CLARA BASIN, CALIFORNIA. 

17 Section 111(c) of the Miscellaneous Appropriations 

18 Act, 2001 (as enacted into law by Public Law 106–554; 

19 114 Stat. 2763A–224) is amended— 

20 (1) by striking ‘‘$25,000,000’’ and inserting 

21 ‘‘$28,000,000’’; and 

22 (2) by striking ‘‘$7,000,000’’ and inserting 

23 ‘‘$10,000,000’’. 


pwalker on PROD1PC71 with BILLS
264 

•HR 1495 RH

1 SEC. 5047. LOS OSOS, CALIFORNIA. 

2 Section 219(c)(27) of the Water Resources Development 

3 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 

4 amended to read as follows: 

5 ‘‘(27) LOS OSOS, CALIFORNIA.—Wastewater in6 frastructure, Los Osos, California.’’. 

7 SEC. 5048. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary shall review the 

9 Kings River Fisheries Management Program Framework 

10 Agreement, dated May 29, 1999, among the California De11 partment of Fish and Game, the Kings River Water Asso12 ciation, and the Kings River Conservation District and, if 

13 the Secretary determines that the management program is 

14 feasible, the Secretary may participate in the management 

15 program. 

16 (b) PROHIBITION.—Nothing in this section authorizes 

17 any project for the raising of, or the construction of, a 

18 multilevel intake structure at Pine Flat Dam, California. 

19 (c) USE OF EXISTING STUDIES.—In carrying out this 

20 section, the Secretary shall use, to the maximum extent 

21 practicable, studies in existence on the date of enactment 

22 of this Act, including data and environmental documenta23 tion in the Report of the Chief of Engineers, Pine Flat Dam 

24 and Reservoir, Fresno County, California, dated July 19, 

25 2002. 


pwalker on PROD1PC71 with BILLS
265 

•HR 1495 RH

1 (d) CREDIT.—The Secretary shall credit toward the 

2 non-Federal share of the cost of the project the cost of plan3 ning, design, and construction work carried out by the non4 Federal interest before the date of the partnership agreement 

5 for the project if the Secretary determines that the work is 

6 integral to the project. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to $20,000,000 to carry out 

9 this section. 

10 SEC. 5049. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND 

11 SAN GABRIEL BASIN, CALIFORNIA. 

12 (a) COMPREHENSIVE PLAN.—The Secretary, in con13 sultation and coordination with appropriate Federal, State, 

14 and local entities, shall develop a comprehensive plan for 

15 the management of water resources in the Raymond Basin, 

16 Six Basins, Chino Basin, and San Gabriel Basin, Cali17 fornia. The Secretary may carry out activities identified 

18 in the comprehensive plan to demonstrate practicable alter19 natives for water resources management. 

20 (b) NON-FEDERAL SHARE.— 

21 (1) IN GENERAL.—The non-Federal share of the 

22 cost of activities carried out under this section shall 

23 be 35 percent. 

24 (2) CREDIT.—The Secretary shall credit toward 

25 the non-Federal share of the cost of activities carried 


pwalker on PROD1PC71 with BILLS
266 

•HR 1495 RH

1 out under this section the cost of planning, design, 

2 and construction work completed by or on behalf of 

3 the non-Federal interests for implementation of meas4 ures under this section. The amount of such credit 

5 shall not exceed the non-Federal share of the cost of 

6 such activities. 

7 (3) OPERATION AND MAINTENANCE.—The non8 Federal share of the cost of operation and mainte9 nance of any measures constructed under this section 

10 shall be 100 percent. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000. 

14 SEC. 5050. SAN FRANCISCO, CALIFORNIA. 

15 (a) IN GENERAL.—The Secretary, in cooperation with 

16 the Port of San Francisco, California, may carry out the 

17 project for repair and removal, as appropriate, of Piers 30- 

18 32, 35, 36, 70 (including Wharves 7 and 8), and 80 in San 

19 Francisco, California, substantially in accordance with the 

20 Port’s redevelopment plan. 

21 (b) AUTHORIZATION OF APPROPRIATION.—There is 

22 authorized to be appropriated $25,000,000 to carry out this 

23 subsection. 


pwalker on PROD1PC71 with BILLS
267 

•HR 1495 RH

1 SEC. 5051. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

2 AREA. 

3 (a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC

4 INTEREST.—Unless the Secretary finds, after consultation 

5 with local and regional public officials (including local and 

6 regional public planning organizations), that the proposed 

7 projects to be undertaken within the boundaries of the por8 tion of the San Francisco, California, waterfront area de9 scribed in subsection (b) are not in the public interest, such 

10 portion is declared to be nonnavigable waters of the United 

11 States. 

12 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

13 STREET.—The portion of the San Francisco, California, 

14 waterfront area referred to in subsection (a) is as follows: 

15 Beginning at the intersection of the northeasterly prolonga16 tion of that portion of the northwesterly line of Bryant 

17 Street lying between Beale Street and Main Street with the 

18 southwesterly line of Spear Street, which intersection lies 

19 on the line of jurisdiction of the San Francisco Port Com20 mission; following thence southerly along said line of juris21 diction as described in the State of California Harbor and 

22 Navigation Code Section 1770, as amended in 1961, to its 

23 intersection with the easterly line of Townsend Street along 

24 a line that is parallel and distant 10 feet southerly from 

25 the existing southern boundary of Pier 40 produced to its 

26 point of intersection with the United States Government 


pwalker on PROD1PC71 with BILLS
268 

•HR 1495 RH

1 pier-head line; thence northerly along said pier-head line 

2 to its intersection with a line parallel with, and distant 

3 10 feet easterly from, the existing easterly boundary line 

4 of Pier 30–32; thence northerly along said parallel line and 

5 its northerly prolongation, to a point of intersection with 

6 a line parallel with, and distant 10 feet northerly from, 

7 the existing northerly boundary of Pier 30–32, thence west8 erly along last said parallel line to its intersection with 

9 the United States Government pier-head line; to the north10 westerly line of Bryant Street produced northwesterly; 

11 thence southwesterly along said northwesterly line of Bry12 ant Street produced to the point of beginning. 

13 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

14 declaration of nonnavigability under subsection (a) applies 

15 only to those parts of the area described in subsection (b) 

16 that are or will be bulkheaded, filled, or otherwise occupied 

17 by permanent structures and does not affect the applica18 bility of any Federal statute or regulation applicable to 

19 such parts the day before the date of enactment of this Act, 

20 including sections 9 and 10 of the Act of March 3, 1899 

21 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly known 

22 as the Rivers and Harbors Appropriation Act of 1899, sec23 tion 404 of the Federal Water Pollution Control Act (33 

24 U.S.C. 1344), and the National Environmental Policy Act 

25 of 1969 (42 U.S.C. 4321 et seq.). 


pwalker on PROD1PC71 with BILLS
269 

•HR 1495 RH

1 (d) EXPIRATION DATE.—If, 20 years from the date of 

2 enactment of this Act, any area or part thereof described 

3 in subsection (b) is not bulkheaded or filled or occupied by 

4 permanent structures, including marina facilities, in ac5 cordance with the requirements set out in subsection (c), 

6 or if work in connection with any activity permitted in 

7 subsection (c) is not commenced within 5 years after 

8 issuance of such permits, then the declaration of nonnaviga9 bility for such area or part thereof shall expire. 

10 SEC. 5052. SAN PABLO BAY, CALIFORNIA, WATERSHED AND 

11 SUISUN MARSH ECOSYSTEM RESTORATION. 

12 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.— 

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

14 work, as expeditiously as possible, on the ongoing San 

15 Pablo Bay watershed, California, study to determine 

16 the feasibility of opportunities for restoring, pre17 serving and protecting the San Pablo Bay watershed. 

18 (2) REPORT.—Not later than March 31, 2008, 

19 the Secretary shall submit to Congress a report on the 

20 results of the study. 

21 (b) SUISUN MARSH, CALIFORNIA.—The Secretary shall 

22 conduct a comprehensive study to determine the feasibility 

23 of opportunities for restoring, preserving and protecting the 

24 Suisun Marsh, California. 


pwalker on PROD1PC71 with BILLS
270 

•HR 1495 RH

1 (c) SAN PABLO AND SUISUN BAY MARSH WATERSHED

2 CRITICAL RESTORATION PROJECTS.— 

3 (1) IN GENERAL.—The Secretary may partici4 pate in critical restoration projects that will produce, 

5 consistent with Federal programs, projects, and ac6 tivities, immediate and substantial ecosystem restora7 tion, preservation, and protection benefits in the fol8 lowing sub-watersheds of the San Pablo and Suisun 

9 Bay Marsh watersheds: 

10 (A) The tidal areas of the Petaluma River, 

11 Napa-Sonoma Marsh. 

12 (B) The shoreline of West Contra Costa 

13 County. 

14 (C) Novato Creek. 

15 (D) Suisun Marsh. 

16 (E) Gallinas-Miller Creek. 

17 (2) TYPES OF ASSISTANCE.—Participation in 

18 critical restoration projects under this subsection may 

19 include assistance for planning, design, or construc20 tion. 

21 (d) NON-FEDERAL INTERESTS.—Notwithstanding sec22 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

23 1962d–5b(b)), a non-Federal interest may include for any 

24 project undertaken under this section a nonprofit entity 

25 with the consent of the affected local government. 


pwalker on PROD1PC71 with BILLS
271 

•HR 1495 RH

1 (e) CREDIT.—The Secretary shall credit toward the 

2 non-Federal share of the cost of construction of a project 

3 under this section— 

4 (1) the value of any lands, easements, rights-of5 way, dredged material disposal areas, or relocations 

6 provided by the non-Federal interest for carrying out 

7 the project, regardless of the date of acquisition; 

8 (2) funds received from the CALFED Bay-Delta 

9 program; and 

10 (3) the cost of the studies, design, and construc11 tion work carried out by the non-Federal interest be12 fore the date of execution of a partnership agreement 

13 for the project if the Secretary determines that the 

14 work is integral to the project. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $40,000,000. 

18 SEC. 5053. STOCKTON, CALIFORNIA. 

19 (a) REEVALUATION.—The Secretary shall reevaluate 

20 the feasibility of the Lower Mosher Slough element and the 

21 levee extensions on the Upper Calaveras River element of 

22 the project for flood control, Stockton Metropolitan Area, 

23 California, carried out under section 211(f)(3) of the Water 

24 Resources Development Act of 1996 (110 Stat. 3683), to deVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
272 

•HR 1495 RH

1 termine the eligibility of such elements for reimbursement 

2 under section 211 of such Act (33 U.S.C. 701b–13). 

3 (b) SPECIAL RULES FOR REEVALUATION.—In con4 ducting the reevaluation under subsection (a), the Secretary 

5 shall not reject a feasibility determination based on one or 

6 more of the policies of the Corps of Engineers concerning 

7 the frequency of flooding, the drainage area, and the 

8 amount of runoff. 

9 (c) REIMBURSEMENT.—If the Secretary determines 

10 that the elements referred to subsection (a) are feasible, the 

11 Secretary shall reimburse, subject to appropriations, the 

12 non-Federal interest under section 211 of the Water Re13 sources Development Act of 1996 for the Federal share of 

14 the cost of such elements. 

15 SEC. 5054. CHARLES HERVEY TOWNSHEND BREAKWATER, 

16 NEW HAVEN HARBOR, CONNECTICUT. 

17 (a) DESIGNATION.—The western breakwater for the 

18 project for navigation, New Haven Harbor, Connecticut, 

19 authorized by the first section of the Act of September 19, 

20 1890 (26 Stat. 426), shall be known and designated as the 

21 ‘‘Charles Hervey Townshend Breakwater’’. 

22 (b) REFERENCES.—Any reference in a law, map, regu23 lation, document, paper, or other record of the United 

24 States to the breakwater referred to in subsection (a) shall 


pwalker on PROD1PC71 with BILLS
273 

•HR 1495 RH

1 be deemed to be a reference to the ‘‘Charles Hervey 

2 Townshend Breakwater’’. 

3 SEC. 5055. FLORIDA KEYS WATER QUALITY IMPROVEMENTS. 

4 Section 109 of the Miscellaneous Appropriations Act, 

5 2001 (enacted into law by Public Law 106–554) (114 Stat. 

6 2763A–222) is amended— 

7 (1) by adding at the end of subsection (e)(2) the 

8 following: 

9 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU10 TION OF THE PARTNERSHIP AGREEMENT.—The 

11 Secretary shall credit toward the non-Federal 

12 share of the cost of the project— 

13 ‘‘(i) the cost of construction work car14 ried out by the non-Federal interest before 

15 the date of the partnership agreement for 

16 the project if the Secretary determines that 

17 the work is integral to the project; and 

18 ‘‘(ii) the cost of land acquisition car19 ried out by the non-Federal interest for 

20 projects to be carried out under this sec21 tion.’’; and 

22 (2) in subsection (f) by striking ‘‘$100,000,000’’ 

23 and inserting ‘‘$100,000,000, of which not more than 

24 $15,000,000 may be used to provide planning, design, 

25 and construction assistance to the Florida Keys AqueVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
274 

•HR 1495 RH

1 duct Authority for a water treatment plant, Florida 

2 City, Florida’’. 

3 SEC. 5056. LAKE WORTH, FLORIDA. 

4 The Secretary may carry out necessary repairs for the 

5 Lake Worth bulkhead replacement project, West Palm 

6 Beach, Florida, at an estimated total cost of $9,000,000. 

7 SEC. 5057. RILEY CREEK RECREATION AREA, IDAHO. 

8 The Secretary is authorized to carry out the Riley 

9 Creek Recreation Area Operation Plan of the Albeni Falls 

10 Management Plan, dated October 2001, for the Riley Creek 

11 Recreation Area, Albeni Falls Dam, Bonner County, Idaho. 

12 SEC. 5058. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC13 TION PROJECTS. 

14 (a) IN GENERAL.—The Secretary may participate in 

15 the reconstruction of an eligible flood control project if the 

16 Secretary determines that such reconstruction is not re17 quired as a result of improper operation and maintenance 

18 of the project by the non-Federal interest. 

19 (b) COST SHARING.—The non-Federal share of the 

20 costs for the reconstruction of a flood control project author21 ized by this section shall be the same non-Federal share that 

22 was applicable to construction of the project. The non-Fed23 eral interest shall be responsible for operation and mainte24 nance and repair of a project for which reconstruction is 

25 undertaken under this section. 


pwalker on PROD1PC71 with BILLS
275 

•HR 1495 RH

1 (c) RECONSTRUCTION DEFINED.—In this section, the 

2 term ‘‘reconstruction’’, as used with respect to a project, 

3 means addressing major project deficiencies caused by long4 term degradation of the foundation, construction materials, 

5 or engineering systems or components of the project, the re6 sults of which render the project at risk of not performing 

7 in compliance with its authorized project purposes. In ad8 dressing such deficiencies, the Secretary may incorporate 

9 current design standards and efficiency improvements, in10 cluding the replacement of obsolete mechanical and elec11 trical components at pumping stations, if such incorpora12 tion does not significantly change the scope, function, and 

13 purpose of the project as authorized. 

14 (d) ELIGIBLE PROJECTS.—The following flood control 

15 projects are eligible for reconstruction under this section: 

16 (1) Clear Creek Drainage and Levee District, Il17 linois. 

18 (2) Fort Chartres and Ivy Landing Drainage 

19 District, Illinois. 

20 (3) Cairo, Illinois Mainline Levee, Cairo, Illi21 nois. 

22 (4) Goose Pond Pump Station, Cairo, Illinois. 

23 (5) Cottonwood Slough Pump Station, Alexander 

24 County, Illinois. 


pwalker on PROD1PC71 with BILLS
276 

•HR 1495 RH

1 (6) 10th and 28th Street Pump Stations, Cairo, 

2 Illinois. 

3 (7) Prairie Du Pont Levee and Sanitary Dis4 trict, including Fish Lake Drainage and Levee Dis5 trict, Illinois. 

6 (8) Flood control levee projects in Brookport, 

7 Shawneetown, Old Shawneetown, Golconda, 

8 Rosiclare, Harrisburg, and Reevesville, Illinois. 

9 (e) JUSTIFICATION.—The reconstruction of a project 

10 authorized by this section shall not be considered a sepa11 rable element of the project. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated— 

14 (1) $15,000,000 to carry out the projects de15 scribed in paragraphs (1) through (7) of subsection 

16 (d); and 

17 (2) $15,000,000 to carry out the projects de18 scribed in subsection (d)(8). 

19 Such sums shall remain available until expended. 

20 SEC. 5059. ILLINOIS RIVER BASIN RESTORATION. 

21 (a) EXTENSION OF AUTHORIZATION.—Section 

22 519(c)(2) of the Water Resources Development Act of 2000 

23 (114 Stat. 2654) is amended by striking ‘‘2004’’ and insert24 ing ‘‘2010’’. 


pwalker on PROD1PC71 with BILLS
277 

•HR 1495 RH

1 (b) IN-KIND SERVICES.—Section 519(g)(3) of such Act 

2 (114 Stat. 2655) is amended by inserting before the period 

3 at the end of the first sentence ‘‘if such services are provided 

4 not more than 5 years before the date of initiation of the 

5 project or activity’’. 

6 (c) NONPROFIT ENTITIES AND MONITORING.—Section 

7 519 of such Act (114 Stat. 2654) is amended by adding 

8 at the end the following: 

9 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section 

10 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

11 5b(b)), a non-Federal interest may include for any project 

12 undertaken under this section a nonprofit entity, with the 

13 consent of the affected local government. 

14 ‘‘(i) MONITORING.—The Secretary shall develop an Il15 linois river basin monitoring program to support the plan 

16 referred to in subsection (b). Data collected under the moni17 toring program shall incorporate data provided by the 

18 State of Illinois and shall be publicly accessible through 

19 electronic means.’’. 

20 SEC. 5060. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA21 TION. 

22 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec23 tion, the term ‘‘Kaskaskia River Basin’’ means the 

24 Kaskaskia River, Illinois, its backwaters, its side channels, 


pwalker on PROD1PC71 with BILLS
278 

•HR 1495 RH

1 and all tributaries, including their watersheds, draining 

2 into the Kaskaskia River. 

3 (b) COMPREHENSIVE PLAN.— 

4 (1) DEVELOPMENT.—The Secretary shall de5 velop, as expeditiously as practicable, a comprehen6 sive plan for the purpose of restoring, preserving, and 

7 protecting the Kaskaskia River Basin. 

8 (2) TECHNOLOGIES AND INNOVATIVE AP9 PROACHES.—The comprehensive plan shall provide 

10 for the development of new technologies and innova11 tive approaches— 

12 (A) to enhance the Kaskaskia River as a 

13 transportation corridor; 

14 (B) to improve water quality within the en15 tire Kaskaskia River Basin; 

16 (C) to restore, enhance, and preserve habitat 

17 for plants and wildlife; 

18 (D) to ensure aquatic integrity of 

19 sidechannels and backwaters and their 

20 connectivity with the mainstem river; 

21 (E) to increase economic opportunity for 

22 agriculture and business communities; and 

23 (F) to reduce the impacts of flooding to 

24 communities and landowners. 


pwalker on PROD1PC71 with BILLS
279 

•HR 1495 RH

1 (3) SPECIFIC COMPONENTS.—The comprehensive 

2 plan shall include such features as are necessary to 

3 provide for— 

4 (A) the development and implementation of 

5 a program for sediment removal technology, sedi6 ment characterization, sediment transport, and 

7 beneficial uses of sediment; 

8 (B) the development and implementation of 

9 a program for the planning, conservation, eval10 uation, and construction of measures for fish and 

11 wildlife habitat conservation and rehabilitation, 

12 and stabilization and enhancement of land and 

13 water resources in the basin; 

14 (C) the development and implementation of 

15 a long-term resource monitoring program; 

16 (D) a conveyance study of the Kaskaskia 

17 River floodplain from Vandalia, Illinois, to 

18 Carlyle Lake to determine the impacts of existing 

19 and future waterfowl improvements on flood 

20 stages, including detailed surveys and mapping 

21 information to ensure proper hydraulic and 

22 hydrological analysis; 

23 (E) the development and implementation of 

24 a computerized inventory and analysis system; 

25 and 


pwalker on PROD1PC71 with BILLS
280 

•HR 1495 RH

1 (F) the development and implementation of 

2 a systemic plan to reduce flood impacts by 

3 means of ecosystem restoration projects. 

4 (4) CONSULTATION.—The comprehensive plan 

5 shall be developed by the Secretary in consultation 

6 with appropriate Federal agencies, the State of Illi7 nois, and the Kaskaskia River Watershed Association. 

8 (5) REPORT TO CONGRESS.—Not later than 2 

9 years after the date of enactment of this Act, the Sec10 retary shall transmit to Congress a report containing 

11 the comprehensive plan. 

12 (6) ADDITIONAL STUDIES AND ANALYSES.—After 

13 transmission of a report under paragraph (5), the 

14 Secretary shall conduct studies and analyses of 

15 projects related to the comprehensive plan that are 

16 appropriate and consistent with this subsection. 

17 (c) GENERAL PROVISIONS.— 

18 (1) WATER QUALITY.—In carrying out activities 

19 under this section, the Secretary’s recommendations 

20 shall be consistent with applicable State water quality 

21 standards. 

22 (2) PUBLIC PARTICIPATION.—In developing the 

23 comprehensive plan under subsection (b), the Sec24 retary shall implement procedures to facilitate public 

25 participation, including providing advance notice of 


pwalker on PROD1PC71 with BILLS
281 

•HR 1495 RH

1 meetings, providing adequate opportunity for public 

2 input and comment, maintaining appropriate 

3 records, and making a record of the proceedings of 

4 meetings available for public inspection. 

5 (d) CRITICAL PROJECTS AND INITIATIVES.—If the Sec6 retary, in cooperation with appropriate Federal agencies 

7 and the State of Illinois, determines that a project or initia8 tive for the Kaskaskia River Basin will produce inde9 pendent, immediate, and substantial benefits, the Secretary 

10 may proceed expeditiously with the implementation of the 

11 project. 

12 (e) COORDINATION.—The Secretary shall integrate ac13 tivities carried out under this section with ongoing Federal 

14 and State programs, projects, and activities, including the 

15 following: 

16 (1) Farm programs of the Department of Agri17 culture. 

18 (2) Conservation Reserve Enhancement Program 

19 (State of Illinois) and Conservation 2000 Ecosystem 

20 Program of the Illinois Department of Natural Re21 sources. 

22 (3) Conservation 2000 Conservation Practices 

23 Program and the Livestock Management Facilities 

24 Act administered by the Illinois Department of Agri25 culture. 


pwalker on PROD1PC71 with BILLS
282 

•HR 1495 RH

1 (4) National Buffer Initiative of the Natural Re2 sources Conservation Service. 

3 (5) Nonpoint source grant program administered 

4 by the Illinois Environmental Protection Agency. 

5 (6) Other programs that may be developed by the 

6 State of Illinois or the Federal Government, or that 

7 are carried out by non-profit organizations, to carry 

8 out the objectives of the Kaskaskia River Basin Com9 prehensive Plan. 

10 (f) IN-KIND SERVICES.—The Secretary may credit the 

11 cost of in-kind services provided by the non-Federal interest 

12 for an activity carried out under this section toward not 

13 more than 80 percent of the non-Federal share of the cost 

14 of the activity. In-kind services shall include all State funds 

15 expended on programs that accomplish the goals of this sec16 tion, as determined by the Secretary. The programs may 

17 include the Kaskaskia River Conservation Reserve Pro18 gram, the Illinois Conservation 2000 Program, the Open 

19 Lands Trust Fund, and other appropriate programs carried 

20 out in the Kaskaskia River Basin. 

21 SEC. 5061. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, 

22 CHICAGO, ILLINOIS. 

23 (a) IN GENERAL.—The Secretary shall provide assist24 ance for a project to develop maps identifying 100- and 


pwalker on PROD1PC71 with BILLS
283 

•HR 1495 RH

1 500-year flood inundation areas along the Little Calumet 

2 River, Chicago, Illinois. 

3 (b) REQUIREMENTS.—Maps developed under the 

4 project shall include hydrologic and hydraulic information 

5 and shall accurately show the flood inundation of each 

6 property by flood risk in the floodplain. The maps shall 

7 be produced in a high resolution format and shall be made 

8 available to all flood prone areas along the Little Calumet 

9 River, Chicago, Illinois, in an electronic format. 

10 (c) PARTICIPATION OF FEMA.—The Secretary and the 

11 non-Federal interests for the project shall work with the Di12 rector of the Federal Emergency Management Agency to en13 sure the validity of the maps developed under the project 

14 for flood insurance purposes. 

15 (d) FORMS OF ASSISTANCE.—In carrying out the 

16 project, the Secretary may enter into contracts or coopera17 tive agreements with the non-Federal interests or provide 

18 reimbursements of project costs. 

19 (e) FEDERAL SHARE.—The Federal share of the cost 

20 of the project shall be 50 percent. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $2,000,000. 

24 SEC. 5062. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS. 

25 (a) REVIEW.— 


pwalker on PROD1PC71 with BILLS
284 

•HR 1495 RH

1 (1) IN GENERAL.—The Secretary may carry out 

2 a third-party review of the Promontory Point project 

3 along the Chicago Shoreline, Chicago, Illinois, at a 

4 cost not to exceed $450,000. 

5 (2) JOINT REVIEW.—The Buffalo and Seattle 

6 districts of the Corps of Engineers shall jointly con7 duct the review. 

8 (3) STANDARDS.—The review shall be based on 

9 the standards under part 68 of title 36, Code of Fed10 eral Regulations, for implementation by the non-Fed11 eral sponsor for the Chicago Shoreline, Chicago, Illi12 nois, project. 

13 (b) CONTRIBUTIONS.—The Secretary shall accept from 

14 a State or political subdivision of a State voluntarily con15 tributed funds to initiate the third-party review under sub16 section (a). 

17 (c) EFFECT OF SECTION.—Nothing in this section af18 fects the authorization for the project for the Chicago Shore19 line, Chicago, Illinois. 

20 SEC. 5063. BURNS WATERWAY HARBOR, INDIANA. 

21 The Secretary shall conduct a study of shoaling in the 

22 vicinity of Burns Waterway Harbor, Indiana, to determine 

23 if the shoaling is the result of a Federal navigation project, 

24 and, if the Secretary determines that the shoaling is the 

25 result of a Federal navigation project, the Secretary shall 


pwalker on PROD1PC71 with BILLS
285 

•HR 1495 RH

1 carry out a project to mitigate the shoaling under section 

2 111 of the River and Harbor Act of 1968 (33 U.S.C. 426). 

3 SEC. 5064. CALUMET REGION, INDIANA. 

4 Section 219(f)(12) of the Water Resources Development 

5 Act of 1992 (113 Stat. 335; 117 Stat. 1843) is amended— 

6 (1) by striking ‘‘$30,000,000’’ and inserting the 

7 following: 

8 ‘‘(A) IN GENERAL.—$100,000,000’’; 

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

10 ‘‘(B) CREDIT.—The Secretary shall credit 

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

12 project the cost of planning and design work car13 ried out by the non-Federal interest before, on, or 

14 after the date of the partnership agreement for 

15 the project if the Secretary determines that the 

16 work is integral to the project.’’; and 

17 (3) by aligning the remainder of the text of sub18 paragraph (A) (as designated by paragraph (1) of 

19 this section) with subparagraph (B) (as added by 

20 paragraph (2) of this section). 

21 SEC. 5065. PADUCAH, KENTUCKY. 

22 The Secretary shall complete a feasibility report for 

23 rehabilitation of the project for flood damage reduction, Pa24 ducah, Kentucky, and, if the Secretary determines that the 


pwalker on PROD1PC71 with BILLS
286 

•HR 1495 RH

1 project is feasible, the Secretary shall carry out the project 

2 at a total cost of $3,000,000. 

3 SEC. 5066. SOUTHERN AND EASTERN KENTUCKY. 

4 Section 531 of the Water Resources Development Act 

5 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) is 

6 amended by adding the following: 

7 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

8 of the amounts appropriated to carry out this section may 

9 be used by the Corps of Engineers district offices to admin10 ister projects under this section at Federal expense.’’. 

11 SEC. 5067. WINCHESTER, KENTUCKY. 

12 Section 219(c) of the Water Resources Development Act 

13 of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is amended 

14 by adding at the end the following: 

15 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

16 infrastructure, Winchester, Kentucky.’’. 

17 SEC. 5068. BATON ROUGE, LOUISIANA. 

18 Section 219(f)(21) of the Water Resources Development 

19 Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) is 

20 amended by striking ‘‘$20,000,000’’ and inserting 

21 ‘‘$35,000,000’’. 

22 SEC. 5069. CALCASIEU SHIP CHANNEL, LOUISIANA. 

23 The Secretary shall expedite completion of a dredged 

24 material management plan for the Calcasieu Ship Channel, 

25 Louisiana, and may take interim measures to increase the 


pwalker on PROD1PC71 with BILLS
287 

•HR 1495 RH

1 capacity of existing disposal areas, or to construct new con2 fined or beneficial use disposal areas, for the channel. 

3 SEC. 5070. CROSS LAKE, SHREVEPORT, LOUISIANA. 

4 The Secretary may accept from the Department of the 

5 Air Force, and may use, not to exceed $4,500,000 to assist 

6 the city of Shreveport, Louisiana, with its plan to construct 

7 a water intake facility. 

8 SEC. 5071. WEST BATON ROUGE PARISH, LOUISIANA. 

9 (a) MODIFICATION OF STUDY.—The study for water10 front and riverine preservation, restoration, and enhance11 ment, Mississippi River, West Baton Rouge Parish, Lou12 isiana, being carried out under Committee Resolution 2570 

13 of the Committee on Transportation and Infrastructure of 

14 the House of Representatives adopted July 23, 1998, is 

15 modified— 

16 (1) to add West Feliciana Parish and East 

17 Baton Rouge Parish to the geographic scope of the 

18 study; and 

19 (2) to direct the Secretary to credit toward the 

20 non-Federal share the cost of the study and the non21 Federal share of the cost of any project authorized by 

22 law as a result of the study the cost of work carried 

23 out by the non-Federal interest before the date of the 

24 partnership agreement for the project if the Secretary 


pwalker on PROD1PC71 with BILLS
288 

•HR 1495 RH

1 determines that the work is integral to the study or 

2 project, as the case may be. 

3 (b) EXPEDITED CONSIDERATION.—Section 517(5) of 

4 the Water Resources Development Act of 1999 (113 Stat. 

5 345) is amended to read as follows: 

6 ‘‘(5) Mississippi River, West Baton Rouge, West 

7 Feliciana, and East Baton Rouge Parishes, Lou8 isiana, project for waterfront and riverine preserva9 tion, restoration, and enhancement modifications.’’. 

10 SEC. 5072. CHARLESTOWN, MARYLAND. 

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

12 project for nonstructural flood damage reduction and eco13 system restoration at Charlestown, Maryland. 

14 (b) LAND ACQUISITION.—The flood damage reduction 

15 component of the project may include the acquisition of pri16 vate property from willing sellers. 

17 (c) JUSTIFICATION.—Any nonstructural flood damage 

18 reduction project to be carried out under this section that 

19 will result in the conversion of property to use for ecosystem 

20 restoration and wildlife habitat shall be justified based on 

21 national ecosystem restoration benefits. 

22 (d) USE OF ACQUIRED PROPERTY.—Property ac23 quired under this section shall be maintained in public 

24 ownership for ecosystem restoration and wildlife habitat. 


pwalker on PROD1PC71 with BILLS
289 

•HR 1495 RH

1 (e) ABILITY TO PAY.—In determining the appropriate 

2 non-Federal cost share for the project, the Secretary shall 

3 determine the ability of Cecil County, Maryland, to partici4 pate as a cost-sharing non-Federal interest in accordance 

5 with section 103(m) of the Water Resources Development 

6 Act of 1986 (33 U.S.C. 2213(m)). 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $2,000,000 to carry out this 

9 section. 

10 SEC. 5073. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 

11 MARYLAND. 

12 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

13 one year after the date of enactment of this Act, the Sec14 retary, in coordination with the Mayor of the District of 

15 Columbia, the Governor of Maryland, the county executives 

16 of Montgomery County and Prince George’s County, Mary17 land, and other interested entities, shall develop and make 

18 available to the public a 10-year comprehensive action plan 

19 to provide for the restoration and protection of the ecological 

20 integrity of the Anacostia River and its tributaries. 

21 (b) PUBLIC AVAILABILITY.—On completion of the com22 prehensive action plan under subsection (a), the Secretary 

23 shall make the plan available to the public, including on 

24 the Internet. 


pwalker on PROD1PC71 with BILLS
290 

•HR 1495 RH

1 SEC. 5074. DELMARVA CONSERVATION CORRIDOR, DELA2 WARE AND MARYLAND. 

3 (a) ASSISTANCE.—The Secretary may provide tech4 nical assistance to the Secretary of Agriculture for use in 

5 carrying out the Conservation Corridor Demonstration Pro6 gram established under subtitle G of title II of the Farm 

7 Security and Rural Investment Act of 2002 (16 U.S.C. 3801 

8 note; 116 Stat. 275). 

9 (b) COORDINATION AND INTEGRATION.—In carrying 

10 out water resources projects in Delaware and Maryland on 

11 the Delmarva Peninsula, the Secretary shall coordinate and 

12 integrate those projects, to the maximum extent practicable, 

13 with any activities carried out to implement a conservation 

14 corridor plan approved by the Secretary of Agriculture 

15 under section 2602 of the Farm Security and Rural Invest16 ment Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 

17 SEC. 5075. MASSACHUSETTS DREDGED MATERIAL DIS18 POSAL SITES. 

19 The Secretary may cooperate with Massachusetts in 

20 the management and long-term monitoring of aquatic 

21 dredged material disposal sites within the State, and is au22 thorized to accept funds from the State to carry out such 

23 activities. 

24 SEC. 5076. ONTONAGON HARBOR, MICHIGAN. 

25 The Secretary shall conduct a study of shore damage 

26 in the vicinity of the project for navigation, Ontonagon 


pwalker on PROD1PC71 with BILLS
291 

•HR 1495 RH

1 Harbor, Ontonagon County, Michigan, authorized by sec2 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

3 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if the 

4 damage is the result of a Federal navigation project, and, 

5 if the Secretary determines that the damage is the result 

6 of a Federal navigation project, the Secretary shall carry 

7 out a project to mitigate the damage under section 111 of 

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

9 SEC. 5077. CROOKSTON, MINNESOTA. 

10 The Secretary shall conduct a study for a project for 

11 emergency streambank protection along the Red Lake River 

12 in Crookston, Minnesota, and, if the Secretary determines 

13 that the project is feasible, the Secretary may carry out the 

14 project under section 14 of the Flood Control Act of 1946 

15 (33 U.S.C. 701r); except that the maximum amount of Fed16 eral funds that may be expended for the project shall be 

17 $6,500,000. 

18 SEC. 5078. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

19 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of the 

20 Water Resources Development Act of 1992 (114 Stat. 

21 2763A–221) is amended— 

22 (1) in the paragraph heading by striking ‘‘AND

23 KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING

24 COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN

25 RESERVATION, AND KATHIO TOWNSHIP’’; 


pwalker on PROD1PC71 with BILLS
292 

•HR 1495 RH

1 (2) by striking ‘‘$11,000,000’’ and inserting 

2 ‘‘$17,000,000’’; 

3 (3) by inserting ‘‘, Crow Wing County, Mille 

4 Lacs County, Mille Lacs Indian Reservation (10 Stat. 

5 1165),’’ after ‘‘Garrison’’; and 

6 (4) by adding at the end the following: ‘‘Such as7 sistance shall be provided directly to the Garrison8 Kathio-West Mille Lacs Lake Sanitary District, Min9 nesota, except for assistance provided directly to the 

10 Mille Lacs Band of Ojibwe at the discretion of the 

11 Secretary.’’. 

12 (b) PROCEDURES.—In carrying out the project author13 ized by such section 219(f)(61), the Secretary may use the 

14 cost sharing and contracting procedures available to the 

15 Secretary under section 569 of the Water Resources Devel16 opment Act of 1999 (113 Stat. 368). 

17 SEC. 5079. ITASCA COUNTY, MINNESOTA. 

18 The Secretary shall carry out a project for flood dam19 age reduction, Trout Lake and Canisteo Pit, Itasca County, 

20 Minnesota, irrespective of normal policy considerations. 

21 SEC. 5080. MINNEAPOLIS, MINNESOTA. 

22 (a) CONVEYANCE.—The Secretary shall convey to the 

23 city of Minneapolis by quitclaim deed and without consid24 eration all right, title, and interest of the United States to 


pwalker on PROD1PC71 with BILLS
293 

•HR 1495 RH

1 the property known as the War Department (Fort Snelling 

2 Interceptor) Tunnel in Minneapolis, Minnesota. 

3 (b) APPLICABILITY OF PROPERTY SCREENING PROVI4 SIONS.—Section 2696 of title 10, United States Code, shall 

5 not apply to the conveyance under this section. 

6 SEC. 5081. NORTHEASTERN MINNESOTA. 

7 (a) IN GENERAL.—Section 569 of the Water Resources 

8 Development Act of 1999 (113 Stat. 368) is amended— 

9 (1) in subsection (a) by striking ‘‘Benton, 

10 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

11 Wadena,’’; 

12 (2) by striking the last sentence of subsection 

13 (e)(3)(B); 

14 (3) by striking subsection (g) and inserting the 

15 following: 

16 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section 

17 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

18 5b(b)), a non-Federal interest may include for any project 

19 undertaken under this section a nonprofit entity.’’; 

20 (4) in subsection (h) by striking ‘‘$40,000,000’’ 

21 and inserting ‘‘$54,000,000’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

24 of the amounts appropriated to carry out this section may 


pwalker on PROD1PC71 with BILLS
294 

•HR 1495 RH

1 be used by the Corps of Engineers district offices to admin2 ister projects under this section at Federal expense.’’. 

3 (b) BIWABIK, MINNESOTA.—The Secretary shall reim4 burse the non-Federal interest for the project for environ5 mental infrastructure, Biwabik, Minnesota, carried out 

6 under section 569 of the Water Resources Development Act 

7 of 1999 (113 Stat. 368), for planning, design, and construc8 tion costs that were incurred by the non-Federal interest 

9 with respect to the project before the date of the partnership 

10 agreement for the project and that were in excess of the non11 Federal share of the cost of the project if the Secretary deter12 mines that the costs are appropriate. 

13 SEC. 5082. WILD RICE RIVER, MINNESOTA. 

14 The Secretary shall expedite the completion of the gen15 eral reevaluation report, authorized by section 438 of the 

16 Water Resources Development Act of 2000 (114 Stat. 2640), 

17 for the project for flood protection, Wild Rice River, Min18 nesota, authorized by section 201 of the Flood Control Act 

19 of 1970 (84 Stat. 1825), to develop alternatives to the Twin 

20 Valley Lake feature, and upon the completion of such re21 port, shall construct the project at a total cost of 

22 $20,000,000. 


pwalker on PROD1PC71 with BILLS
295 

•HR 1495 RH

1 SEC. 5083. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

2 MISSISSIPPI. 

3 In carrying out projects for the protection, restoration, 

4 and creation of aquatic and ecologically related habitats lo5 cated in Harrison, Hancock, and Jackson Counties, Mis6 sissippi, under section 204 of the Water Resources Develop7 ment Act of 1992 (33 U.S.C. 2326), the Secretary shall ac8 cept any portion of the non-Federal share of the cost of the 

9 project in the form of in-kind services and materials. 

10 SEC. 5084. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS. 

11 As a part of the operation and maintenance of the 

12 project for the Mississippi River (Regulating Works), be13 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

14 authorized by the first section of an Act entitled ‘‘Making 

15 appropriations for the construction, repair, and preserva16 tion of certain public works on rivers and harbors, and for 

17 other purposes’’, approved June 25, 1910, the Secretary 

18 may carry out activities necessary to restore and protect 

19 fish and wildlife habitat in the middle Mississippi River 

20 system. Such activities may include modification of naviga21 tion training structures, modification and creation of side 

22 channels, modification and creation of islands, and studies 

23 and analysis necessary to apply adaptive management 

24 principles in design of future work. 


pwalker on PROD1PC71 with BILLS
296 

•HR 1495 RH

1 SEC. 5085. ST. LOUIS, MISSOURI. 

2 Section 219(f)(32) of the Water Resources Development 

3 Act of 1992 (113 Stat. 337) is amended— 

4 (1) by striking ‘‘project’’ and inserting 

5 ‘‘projects’’; 

6 (2) by striking ‘‘$15,000,000’’ and inserting 

7 ‘‘$35,000,000’’; and 

8 (3) by inserting ‘‘and St. Louis County’’ before 

9 ‘‘, Missouri’’. 

10 SEC. 5086. HACKENSACK MEADOWLANDS AREA, NEW JER11 SEY. 

12 Section 324 of the Water Resources Development Act 

13 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘design’’ and inserting 

16 ‘‘planning, design,’’; and 

17 (B) by striking ‘‘Hackensack Meadowlands 

18 Development’’ and all that follows through ‘‘Plan 

19 for’’ and inserting ‘‘New Jersey Meadowlands 

20 Commission for the development of an environ21 mental improvement program for’’; 

22 (2) in subsection (b)— 

23 (A) in the subsection heading by striking 

24 ‘‘REQUIRED’’; 

25 (B) by striking ‘‘shall’’ and inserting 

26 ‘‘may’’; 


pwalker on PROD1PC71 with BILLS
297 

•HR 1495 RH

1 (C) by striking paragraph (1) and inserting 

2 the following: 

3 ‘‘(1) Restoration and acquisitions of significant 

4 wetlands and aquatic habitat that contribute to the 

5 Meadowlands ecosystem.’’; 

6 (D) in paragraph (2) by inserting ‘‘and 

7 aquatic habitat’’ before the period at the end; 

8 and 

9 (E) by striking paragraph (7) and inserting 

10 the following: 

11 ‘‘(7) Research, development, and implementation 

12 for a water quality improvement program, including 

13 restoration of hydrology and tidal flows and remedi14 ation of hot spots and other sources of contaminants 

15 that degrade existing or planned sites.’’; 

16 (3) in subsection (c) by inserting before the last 

17 sentence the following: ‘‘The non-Federal sponsor may 

18 also provide in-kind services, not to exceed the non19 Federal share of the total project cost, and may also 

20 receive credit for reasonable cost of design work com21 pleted prior to entering into the partnership agree22 ment with the Secretary for a project to be carried 

23 out under the program developed under subsection 

24 (a).’’; and 


pwalker on PROD1PC71 with BILLS
298 

•HR 1495 RH

1 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

2 and inserting ‘‘$35,000,000’’. 

3 SEC. 5087. ATLANTIC COAST OF NEW YORK. 

4 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

5 the Water Resources Development Act of 1992 (106 Stat. 

6 4863) is amended— 

7 (1) by striking ‘‘processes’’ and inserting ‘‘and 

8 related environmental processes’’; 

9 (2) by inserting after ‘‘Atlantic Coast’’ the fol10 lowing: ‘‘(and associated back bays)’’; 

11 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

12 environmental restoration or conservation measures 

13 for coastal and back bays,’’; and 

14 (4) by adding at the end the following: ‘‘The 

15 plan for collecting data and monitoring information 

16 included in such annual report shall be fully coordi17 nated with and agreed to by appropriate agencies of 

18 the State of New York.’’. 

19 (b) ANNUAL REPORTS.—Section 404(b) of such Act is 

20 amended— 

21 (1) by striking ‘‘INITIAL PLAN.—Not later than 

22 12 months after the date of the enactment of this Act, 

23 the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 


pwalker on PROD1PC71 with BILLS
299 

•HR 1495 RH

1 (2) by striking ‘‘initial plan for data collection 

2 and monitoring’’ and inserting ‘‘annual report of 

3 data collection and monitoring activities’’; and 

4 (3) by striking the last sentence. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 404(c) of such Act (113 Stat. 341) is amended by striking 

7 ‘‘and an additional total of $2,500,000 for fiscal years 

8 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 2000 

9 through 2004, and $7,500,000 for fiscal years beginning 

10 after September 30, 2004,’’. 

11 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

12 Water Resources Development Act of 1992 (106 Stat. 4863) 

13 is amended by adding at the end the following: 

14 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author15 ized to be appropriated $800,000 for the Secretary to carry 

16 out a project for a tsunami warning system, Atlantic Coast 

17 of New York.’’. 

18 SEC. 5088. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

19 In carrying out section 312 of the Water Resources De20 velopment Act of 1990 (104 Stat. 4639), the Secretary shall 

21 give priority to work in College Point, New York City, New 

22 York. 


pwalker on PROD1PC71 with BILLS
300 

•HR 1495 RH

1 SEC. 5089. FLUSHING BAY AND CREEK, NEW YORK CITY, 

2 NEW YORK. 

3 The Secretary shall credit toward the non-Federal 

4 share of the cost of the project for ecosystem restoration, 

5 Flushing Bay and Creek, New York City, New York, the 

6 cost of design and construction work carried out by the non7 Federal interest before the date of the partnership agreement 

8 for the project if the Secretary determines that the work is 

9 integral to the project. 

10 SEC. 5090. HUDSON RIVER, NEW YORK. 

11 The Secretary may participate with the State of New 

12 York, New York City, and the Hudson River Park Trust 

13 in carrying out activities to restore critical marine habitat, 

14 improve safety, and protect and rehabilitate critical infra15 structure. There is authorized to be appropriated 

16 $5,000,000 to carry out this section. 

17 SEC. 5091. MOUNT MORRIS DAM, NEW YORK. 

18 As part of the operation and maintenance of the Mount 

19 Morris Dam, New York, the Secretary may make improve20 ments to the access road for the dam to provide safe access 

21 to a Federal visitor’s center. 

22 SEC. 5092. JOHN H. KERR DAM AND RESERVOIR, NORTH 

23 CAROLINA. 

24 The Secretary shall expedite the completion of the cal25 culations necessary to negotiate and execute a revised, per26 manent contract for water supply storage at John H. Kerr 


pwalker on PROD1PC71 with BILLS
301 

•HR 1495 RH

1 Dam and Reservoir, North Carolina, among the Secretary 

2 and the Kerr Lake Regional Water System and the city of 

3 Henderson, North Carolina. 

4 SEC. 5093. STANLY COUNTY, NORTH CAROLINA. 

5 Section 219(f)(64) of the Water Resources Development 

6 Act of 1992 (114 Stat. 2763A–221) is amended by inserting 

7 ‘‘water and’’ before ‘‘wastewater’’. 

8 SEC. 5094. CINCINNATI, OHIO. 

9 (a) IN GENERAL.—The Secretary is authorized to un10 dertake the ecosystem restoration and recreation compo11 nents of the Central Riverfront Park Master Plan, dated 

12 December 1999, at a total cost of $25,000,000. 

13 (b) CREDIT.—The Secretary shall credit toward the 

14 non-Federal share of the cost of the project the cost of plan15 ning, design, and construction work carried out by the non16 Federal interest before the date of the partnership agreement 

17 for the project if the Secretary determines that the work is 

18 integral to the project. 

19 SEC. 5095. TOUSSAINT RIVER, OHIO. 

20 (a) IN GENERAL.—The project for navigation, Tous21 saint River, Carroll Township, Ohio, authorized by section 

22 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

23 is modified to authorize the Secretary to enter into an 

24 agreement with the non-Federal interest under which the 

25 Secretary may— 


pwalker on PROD1PC71 with BILLS
302 

•HR 1495 RH

1 (1) acquire, and transfer to the non-Federal in2 terest, a dredge and associated equipment with the ca3 pacity to perform operation and maintenance of the 

4 project; and 

5 (2) provide the non-Federal interest with a 

6 lump-sum payment to cover all future costs of oper7 ation and maintenance of the project. 

8 (b) AGREEMENT.—The Secretary may carry out sub9 section (a)(1) by entering into an agreement with the non10 Federal interest under which the non-Federal interest may 

11 acquire the dredge and associated equipment directly and 

12 be reimbursed by the Secretary. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $1,800,000 to carry out this 

15 section. Of such funds, $500,000 may be used to carry out 

16 subsection (a)(1). 

17 (d) RELEASE.—Upon the acquisition and transfer of 

18 a dredge and associated equipment under subsection (a)(1), 

19 and the payment of funds under subsection (a)(2), all future 

20 Federal responsibility for operation and maintenance of the 

21 project is extinguished. 

22 SEC. 5096. EUGENE, OREGON. 

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

24 study to determine the feasibility of restoring the millrace 

25 in Eugene, Oregon, and, if the Secretary determines that 


pwalker on PROD1PC71 with BILLS
303 

•HR 1495 RH

1 the restoration is feasible, the Secretary shall carry out the 

2 restoration. 

3 (b) CONSIDERATION OF NONECONOMIC BENEFITS.—In 

4 determining the feasibility of restoring the millrace, the Sec5 retary shall include noneconomic benefits associated with 

6 the historical significance of the millrace and associated 

7 with preservation and enhancement of resources. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $20,000,000. 

11 SEC. 5097. FERN RIDGE DAM, OREGON. 

12 The Secretary may treat all work carried out for emer13 gency corrective actions to repair the embankment dam at 

14 the Fern Ridge Lake project, Oregon, as a dam safety 

15 project. The cost of work carried out may be recovered in 

16 accordance with section 1203 of the Water Resources Devel17 opment Act of 1986 (33 U.S.C. 467n; 100 Stat. 4263). 

18 SEC. 5098. ALLEGHENY COUNTY, PENNSYLVANIA. 

19 Section 219(f)(66) of the Water Resources Development 

20 Act of 1992 (114 Stat. 2763A–221) is amended— 

21 (1) by striking ‘‘$20,000,000’’ and inserting the 

22 following: 

23 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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


pwalker on PROD1PC71 with BILLS
304 

•HR 1495 RH

1 ‘‘(B) CREDIT.—The Secretary shall credit 

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

3 project the cost of work carried out by the non4 Federal interest before the date of the partnership 

5 agreement for the project if the Secretary deter6 mines that the work is integral to the project.’’; 

7 and 

8 (3) by aligning the remainder of the text of sub9 paragraph (A) (as designated by paragraph (1) of 

10 this section) with subparagraph (B) (as added by 

11 paragraph (2) of this section). 

12 SEC. 5099. KEHLY RUN DAMS, PENNSYLVANIA. 

13 Section 504(a)(2) of the Water Resources Development 

14 Act of 1999 (113 Stat. 338; 117 Stat. 1842) is amended 

15 by striking ‘‘Dams’’ and inserting ‘‘Dams No. 1–5’’. 

16 SEC. 5100. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL17 VANIA. 

18 The Secretary shall use existing water quality data to 

19 model the effects of the Francis E. Walter Dam, at different 

20 water levels, to determine its impact on water and related 

21 resources in and along the Lehigh River in Lehigh County, 

22 Pennsylvania. There is authorized to be appropriated 

23 $500,000 to carry out this section. 


pwalker on PROD1PC71 with BILLS
305 

•HR 1495 RH

1 SEC. 5101. NORTHEAST PENNSYLVANIA. 

2 Section 219(f)(11) of the Water Resources Development 

3 Act of 1992 (113 Stat. 335) is amended by striking ‘‘and 

4 Monroe’’ and inserting ‘‘Northumberland, Union, Snyder, 

5 Luzerne, and Monroe’’. 

6 SEC. 5102. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL7 VANIA AND NEW YORK. 

8 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

9 567(a) of the Water Resources Development Act of 1996 

10 (110 Stat. 3787; 114 Stat. 2662) is amended— 

11 (1) in the matter preceding paragraph (1) by in12 serting ‘‘and carry out’’ after ‘‘develop’’; and 

13 (2) in paragraph (2) by striking ‘‘$10,000,000.’’ 

14 and inserting ‘‘$20,000,000, of which the Secretary 

15 may utilize not more than $5,000,000 to design and 

16 construct feasible pilot projects during the develop17 ment of the strategy to demonstrate alternative ap18 proaches for the strategy. The total cost for any single 

19 pilot project may not exceed $500,000. The Secretary 

20 shall evaluate the results of the pilot projects and con21 sider the results in the development of the strategy.’’. 

22 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

23 such Act (114 Stat. 2662) is amended— 

24 (1) in the subsection heading by striking ‘‘CO25 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 

26 (2) in the first sentence— 


pwalker on PROD1PC71 with BILLS
306 

•HR 1495 RH

1 (A) by inserting ‘‘and carrying out’’ after 

2 ‘‘developing’’; and 

3 (B) by striking ‘‘cooperation’’ and inserting 

4 ‘‘cost-sharing and cooperative’’. 

5 (c) IMPLEMENTATION OF STRATEGY.—Section 567(d) 

6 of such Act (114 Stat. 2663) is amended— 

7 (1) by striking ‘‘The Secretary’’ and inserting 

8 the following: 

9 ‘‘(1) IN GENERAL.—The Secretary’’; 

10 (2) in the second sentence of paragraph (1) (as 

11 so designated)— 

12 (A) by striking ‘‘implement’’ and inserting 

13 ‘‘carry out’’; and 

14 (B) by striking ‘‘implementing’’ and insert15 ing ‘‘carrying out’’; 

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

17 ‘‘(2) PRIORITY PROJECT.—In carrying out 

18 projects to implement the strategy, the Secretary shall 

19 give priority to the project for ecosystem restoration, 

20 Cooperstown, New York, described in the Upper Sus21 quehanna River Basin—Cooperstown Area Ecosystem 

22 Restoration Feasibility Study, dated December 2004, 

23 prepared by the Corps of Engineers and the New York 

24 State Department of Environmental Conservation.’’; 

25 and 


pwalker on PROD1PC71 with BILLS
307 

•HR 1495 RH

1 (4) by aligning the remainder of the text of 

2 paragraph (1) (as designated by paragraph (1) of this 

3 subsection) with paragraph (2) (as added by para4 graph (3) of this subsection). 

5 (d) CREDIT.—Section 567 of such Act (110 Stat. 3787; 

6 114 Stat. 2662) is amended by adding at the end the fol7 lowing: 

8 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

9 non-Federal share of the cost of a project under this sec10 tion— 

11 ‘‘(1) the cost of design and construction work 

12 carried out by the non-Federal interest before the date 

13 of the partnership agreement for the project if the Sec14 retary determines that the work is integral to the 

15 project; and 

16 ‘‘(2) the cost of in-kind services and materials 

17 provided for the project by the non-Federal interest.’’. 

18 SEC. 5103. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

19 The Secretary shall review a report prepared by the 

20 non-Federal interest concerning flood protection and envi21 ronmental restoration for Cano Martin Pena, San Juan, 

22 Puerto Rico, and, if the Secretary determines that the re23 port meets the evaluation and design standards of the Corps 

24 of Engineers and that the project is feasible, the Secretary 

25 may carry out the project at a total cost of $130,000,000, 


pwalker on PROD1PC71 with BILLS
308 

•HR 1495 RH

1 with an estimated Federal cost of $85,000,000 and an esti2 mated non-Federal cost of $45,000,000. 

3 SEC. 5104. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

4 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

5 HABITAT RESTORATION, SOUTH DAKOTA. 

6 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

7 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX TRIBE

8 AND THE LOWER BRULE SIOUX TRIBE TERRESTRIAL

9 WILDLIFE HABITAT RESTORATION TRUST FUNDS.—Sec10 tion 602(a)(4) of the Water Resources Development Act of 

11 1999 (113 Stat. 386) is amended— 

12 (1) in subparagraph (A)— 

13 (A) in clause (i) by inserting ‘‘and the Sec14 retary of the Treasury’’ after ‘‘Secretary’’; and 

15 (B) by striking clause (ii) and inserting the 

16 following: 

17 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

18 notification in accordance with clause (i), 

19 the Secretary of the Treasury shall make 

20 available to the State of South Dakota 

21 funds from the State of South Dakota Ter22 restrial Wildlife Habitat Restoration Trust 

23 Fund established under section 603, to be 

24 used to carry out the plan for terrestrial 

25 wildlife habitat restoration submitted by the 


pwalker on PROD1PC71 with BILLS
309 

•HR 1495 RH

1 State of South Dakota after the State cer2 tifies to the Secretary of the Treasury that 

3 the funds to be disbursed will be used in ac4 cordance with section 603(d)(3) and only 

5 after the Trust Fund is fully capitalized.’’; 

6 and 

7 (2) in subparagraph (B) by striking clause (ii) 

8 and inserting the following: 

9 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

10 notification in accordance with clause (i), 

11 the Secretary of the Treasury shall make 

12 available to the Cheyenne River Sioux Tribe 

13 and the Lower Brule Sioux Tribe funds 

14 from the Cheyenne River Sioux Terrestrial 

15 Wildlife Habitat Restoration Trust Fund 

16 and the Lower Brule Sioux Terrestrial 

17 Wildlife Habitat Restoration Trust Fund, 

18 respectively, established under section 604, 

19 to be used to carry out the plans for terres20 trial wildlife habitat restoration submitted 

21 by the Cheyenne River Sioux Tribe and the 

22 Lower Brule Sioux Tribe, respectively, to 

23 after the respective tribe certifies to the Sec24 retary of the Treasury that the funds to be 

25 disbursed will be used in accordance with 


pwalker on PROD1PC71 with BILLS
310 

•HR 1495 RH

1 section 604(d)(3) and only after the Trust 

2 Fund is fully capitalized.’’. 

3 (b) INVESTMENT PROVISIONS OF THE STATE OF

4 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

5 TRUST FUND.—Section 603 of the Water Resources Devel6 opment Act of 1999 (113 Stat. 388; 114 Stat. 2664) is 

7 amended— 

8 (1) by striking subsection (c) and inserting the 

9 following: 

10 ‘‘(c) INVESTMENTS.— 

11 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding 

12 any other provision of law, the Secretary of the Treas13 ury shall invest the amounts deposited under sub14 section (b) and the interest earned on those amounts 

15 only in interest-bearing obligations of the United 

16 States issued directly to the Fund. 

17 ‘‘(2) INVESTMENT REQUIREMENTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary of the 

19 Treasury shall invest the amounts in the Fund 

20 in accordance with the requirements of this 

21 paragraph. 

22 ‘‘(B) SEPARATE INVESTMENTS OF PRIN23 CIPAL AND INTEREST.— 

24 ‘‘(i) PRINCIPAL ACCOUNT.—The 

25 amounts deposited in the Fund under subVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
311 

•HR 1495 RH

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 idenVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
312 

•HR 1495 RH

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 


pwalker on PROD1PC71 with BILLS
313 

•HR 1495 RH

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 inVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
314 

•HR 1495 RH

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 ManageVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
315 

•HR 1495 RH

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 SecVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
316 

•HR 1495 RH

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 to the Secretary of the Treasury 

9 to pay expenses associated with investing the Fund and au10 diting the uses of amounts withdrawn from the Fund— 

11 ‘‘(1) $500,000 for each of fiscal years 2006 and 

12 2007; and 

13 ‘‘(2) such sums as are necessary for each subse14 quent fiscal year.’’. 

15 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

16 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

17 TRUST FUNDS.—Section 604 of the Water Resources Devel18 opment Act of 1999 (113 Stat. 389; 114 Stat. 2665) is 

19 amended— 

20 (1) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) INVESTMENTS.— 

23 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding 

24 any other provision of law, the Secretary of the Treas25 ury shall invest the amounts deposited under subVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
317 

•HR 1495 RH

1 section (b) and the interest earned on those amounts 

2 only in interest-bearing obligations of the United 

3 States issued directly to the Funds. 

4 ‘‘(2) INVESTMENT REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary of the 

6 Treasury shall invest the amounts in each of the 

7 Funds in accordance with the requirements of 

8 this paragraph. 

9 ‘‘(B) SEPARATE INVESTMENTS OF PRIN10 CIPAL AND INTEREST.— 

11 ‘‘(i) PRINCIPAL ACCOUNT.—The 

12 amounts deposited in each Fund under sub13 section (b) shall be credited to an account 

14 within the Fund (referred to in this para15 graph as the ‘principal account’) and in16 vested as provided in subparagraph (C). 

17 ‘‘(ii) INTEREST ACCOUNT.—The inter18 est earned from investing amounts in the 

19 principal account of each Fund shall be 

20 transferred to a separate account within the 

21 Fund (referred to in this paragraph as the 

22 ‘interest account’) and invested as provided 

23 in subparagraph (D). 

24 ‘‘(iii) CREDITING.—The interest earned 

25 from investing amounts in the interest acVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
318 

•HR 1495 RH

1 count of each Fund shall be credited to the 

2 interest account. 

3 ‘‘(C) INVESTMENT OF PRINCIPAL AC4 COUNT.— 

5 ‘‘(i) INITIAL INVESTMENT.—Each 

6 amount deposited in the principal account 

7 of each Fund shall be invested initially in 

8 eligible obligations having the shortest ma9 turity then available until the date on 

10 which the amount is divided into 3 substan11 tially equal portions and those portions are 

12 invested in eligible obligations that are 

13 identical (except for transferability) to the 

14 next-issued publicly issued Treasury obliga15 tions having a 2-year maturity, a 5-year 

16 maturity, and a 10-year maturity, respec17 tively. 

18 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

19 each 2-year, 5-year, and 10-year eligible ob20 ligation matures, the principal of the ma21 turing eligible obligation shall also be in22 vested initially in the shortest-maturity eli23 gible obligation then available until the 

24 principal is reinvested substantially equally 

25 in the eligible obligations that are identical 


pwalker on PROD1PC71 with BILLS
319 

•HR 1495 RH

1 (except for transferability) to the next-issued 

2 publicly issued Treasury obligations having 

3 2-year, 5-year, and 10-year maturities. 

4 ‘‘(iii) DISCONTINUATION OF ISSUANCE

5 OF OBLIGATIONS.—If the Department of the 

6 Treasury discontinues issuing to the public 

7 obligations having 2-year, 5-year, or 10- 

8 year maturities, the principal of any ma9 turing eligible obligation shall be reinvested 

10 substantially equally in eligible obligations 

11 that are identical (except for transfer12 ability) to the next-issued publicly issued 

13 Treasury obligations of the maturities 

14 longer than 1 year then available. 

15 ‘‘(D) INVESTMENT OF THE INTEREST AC16 COUNT.— 

17 ‘‘(i) BEFORE FULL CAPITALIZATION.— 

18 Until the date on which each Fund is fully 

19 capitalized, amounts in the interest account 

20 of the Fund shall be invested in eligible obli21 gations that are identical (except for trans22 ferability) to publicly issued Treasury obli23 gations that have maturities that coincide, 

24 to the maximum extent practicable, with the 


pwalker on PROD1PC71 with BILLS
320 

•HR 1495 RH

1 date on which the Fund is expected to be 

2 fully capitalized. 

3 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

4 On and after the date on which each Fund 

5 is fully capitalized, amounts in the interest 

6 account of the Fund shall be invested and 

7 reinvested in eligible obligations having the 

8 shortest maturity then available until the 

9 amounts are withdrawn and transferred to 

10 fund the activities authorized under sub11 section (d)(3). 

12 ‘‘(E) PAR PURCHASE PRICE.—The price to 

13 be paid for eligible obligations purchased as in14 vestments of the principal account shall not ex15 ceed the par value of the obligations so that the 

16 amount of the principal account shall be pre17 served in perpetuity. 

18 ‘‘(F) HIGHEST YIELD.—Among eligible obli19 gations having the same maturity and purchase 

20 price, the obligation to be purchased shall be the 

21 obligation having the highest yield. 

22 ‘‘(G) HOLDING TO MATURITY.—Eligible ob23 ligations purchased shall generally be held to 

24 their maturities. 


pwalker on PROD1PC71 with BILLS
321 

•HR 1495 RH

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 


pwalker on PROD1PC71 with BILLS
322 

•HR 1495 RH

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 to the Secretary of the Treasury 

23 to pay expenses associated with investing the Funds and 

24 auditing the uses of amounts withdrawn from the Funds— 


pwalker on PROD1PC71 with BILLS
323 

•HR 1495 RH

1 ‘‘(1) $500,000 for each of fiscal years 2006 and 

2 2007; and 

3 ‘‘(2) such sums as are necessary for each subse4 quent fiscal year.’’. 

5 SEC. 5105. FRITZ LANDING, TENNESSEE. 

6 The Secretary shall— 

7 (1) conduct a study of the Fritz Landing Agri8 cultural Spur Levee, Tennessee, to determine the ex9 tent of levee modifications that would be required to 

10 make the levee and associated drainage structures 

11 consistent with Federal standards; 

12 (2) design and construct such modifications; and 

13 (3) after completion of such modifications, incor14 porate the levee into the project for flood control, Mis15 sissippi River and Tributaries, authorized by the Act 

16 entitled ‘‘An Act for the control of floods on the Mis17 sissippi River and its tributaries, and for other pur18 poses’’, approved May 15, 1928 (45 Stat. 534–539), 

19 commonly known as the ‘‘Flood Control Act of 1928’’. 

20 SEC. 5106. J. PERCY PRIEST DAM AND RESERVOIR, TEN21 NESSEE. 

22 The Secretary shall plan, design, and construct a trail 

23 system at the J. Percy Priest Dam and Reservoir, Ten24 nessee, authorized by section 4 of the Act entitled ‘‘An Act 

25 authorizing the construction of certain public works on rivVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
324 

•HR 1495 RH

1 ers and harbors for flood control, and for other purposes’’, 

2 approved June 28, 1938 (52 Stat. 1217), and adjacent pub3 lic property, including design and construction of support 

4 facilities. In carrying out such improvements, the Secretary 

5 is authorized to use funds made available by the State of 

6 Tennessee from any Federal or State source, or both. 

7 SEC. 5107. TOWN CREEK, LENOIR CITY, TENNESSEE. 

8 The Secretary shall design and construct the project 

9 for flood damage reduction designated as Alternative 4 in 

10 the Town Creek, Lenoir City, Loudon County, Tennessee, 

11 feasibility report of the Nashville district engineer, dated 

12 November 2000, under the authority of section 205 of the 

13 Flood Control Act of 1948 (33 U.S.C. 701s), notwith14 standing section 1 of the Flood Control Act of June 22, 1936 

15 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal share of 

16 the cost of the project shall be subject to section 103(m) of 

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

18 2213(m)). 

19 SEC. 5108. TENNESSEE RIVER PARTNERSHIP. 

20 (a) IN GENERAL.—As part of the operation and main21 tenance of the project for navigation, Tennessee River, Ten22 nessee, Alabama, Mississippi, and Kentucky, authorized by 

23 the first section of the River and Harbor Act of July 3, 

24 1930 (46 Stat. 927), the Secretary may enter into a part25 nership with a nonprofit entity to remove debris from the 


pwalker on PROD1PC71 with BILLS
325 

•HR 1495 RH

1 Tennessee River in the vicinity of Knoxville, Tennessee, by 

2 providing a vessel to such entity, at Federal expense, for 

3 such debris removal purposes. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $500,000. 

7 SEC. 5109. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

8 ARKANSAS, AND MISSISSIPPI. 

9 The Secretary may participate with non-Federal and 

10 nonprofit entities to address issues concerning managing 

11 groundwater as a sustainable resource through the Upper 

12 Mississippi Embayment, Tennessee, Arkansas, and Mis13 sissippi, and coordinating the protection of groundwater 

14 supply and groundwater quality with local surface water 

15 protection programs. There is authorized to be appropriated 

16 $5,000,000 to carry out this section. 

17 SEC. 5110. BOSQUE RIVER WATERSHED, TEXAS. 

18 (a) COMPREHENSIVE PLAN.—The Secretary, in con19 sultation with appropriate Federal, State, and local enti20 ties, shall develop, as expeditiously as practicable, a com21 prehensive plan for development of new technologies and in22 novative approaches for restoring, preserving, and pro23 tecting the Bosque River watershed within Bosque, Ham24 ilton, McLennan, and Erath Counties, Texas. The Sec25 retary, in cooperation with the Secretary of Agriculture, 


pwalker on PROD1PC71 with BILLS
326 

•HR 1495 RH

1 may carry out activities identified in the comprehensive 

2 plan to demonstrate practicable alternatives for stabiliza3 tion and enhancement of land and water resources in the 

4 basin. 

5 (b) SERVICES OF PUBLIC NON-PROFIT INSTITUTIONS

6 AND OTHER ENTITIES.—In carrying out subsection (a), the 

7 Secretary may utilize, through contracts or other means, 

8 the services of public non-profit institutions and such other 

9 entities as the Secretary considers appropriate. 

10 (c) NON-FEDERAL SHARE.— 

11 (1) CREDIT.—The Secretary shall credit toward 

12 the non-Federal share of the cost of activities carried 

13 out under this section the cost of planning, design, 

14 and construction work completed by or on behalf of 

15 the non-Federal interests for implementation of meas16 ures constructed with assistance provided under this 

17 section. The amount of such credit shall not exceed the 

18 non-Federal share of the cost of such activities. 

19 (2) OPERATION AND MAINTENANCE.—The non20 Federal share of the cost of operation and mainte21 nance for measures constructed with assistance pro22 vided under this section shall be 100 percent. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $10,000,000. 


pwalker on PROD1PC71 with BILLS
327 

•HR 1495 RH

1 SEC. 5111. DALLAS FLOODWAY, DALLAS TEXAS. 

2 (a) IN GENERAL.—The project for flood control, Trin3 ity River and tributaries, Texas, authorized by section 2 

4 of the Act entitled, ‘‘An Act authorizing the construction, 

5 repair, and preservation of certain public works on rivers 

6 and harbors, and for other purposes’’, approved March 2, 

7 1945 (59 Stat. 18), is modified to— 

8 (1) direct the Secretary to review the Balanced 

9 Vision Plan for the Trinity River Corridor, Dallas, 

10 Texas, dated December 2003 and amended in March 

11 2004, prepared by the non-Federal interest for the 

12 project; 

13 (2) direct the Secretary to review the Interior 

14 Levee Drainage Study Phase-I report, Dallas, Texas, 

15 dated September 2006, prepared by the non-Federal 

16 interest; and 

17 (3) if the Secretary determines that the project is 

18 technically sound and environmentally acceptable, 

19 authorize the Secretary to construct the project at a 

20 total cost of $459,000,000, with an estimated Federal 

21 cost of $298,000,000 and an estimated non-Federal 

22 cost of $161,000,000. 

23 (b) CREDIT.— 

24 (1) IN-KIND CONTRIBUTIONS.—The Secretary 

25 shall credit toward the non-Federal share of the cost 

26 of the project the cost of planning, design, and conVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
328 

•HR 1495 RH

1 struction work carried out by the non-Federal interest 

2 before the date of the partnership agreement for the 

3 project if the Secretary determines that the work is 

4 integral to the project. 

5 (2) CASH CONTRIBUTIONS.—The Secretary shall 

6 accept funds provided by the non-Federal interest for 

7 use in carrying out planning, engineering, and design 

8 for the project. The Federal share of such planning, 

9 engineering, and design carried out with non-Federal 

10 contributions shall be credited against the non-Fed11 eral share of the cost of the project. 

12 SEC. 5112. HARRIS COUNTY, TEXAS. 

13 (a) IN GENERAL.—Section 575(a) of the Water Re14 sources Development Act of 1996 (110 Stat. 3789; 113 Stat. 

15 311) is amended by inserting before the period at the end 

16 the following: ‘‘, whether or not such works or actions are 

17 partially funded under the hazard mitigation grant pro18 gram of the Federal Emergency Management Agency’’. 

19 (b) SPECIFIC PROJECTS.—Section 575(b) of such Act 

20 (110 Stat. 3789; 113 Stat. 311) is amended— 

21 (1) in paragraph (3) by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (4) by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding the following: 


pwalker on PROD1PC71 with BILLS
329 

•HR 1495 RH

1 ‘‘(5) the project for flood control, Upper White 

2 Oak Bayou, Texas, authorized by section 401(a) of the 

3 Water Resources Development Act of 1986 (100 Stat. 

4 4125).’’. 

5 SEC. 5113. ONION CREEK, TEXAS. 

6 In carrying out the study for the project for flood dam7 age reduction, recreation, and ecosystem restoration, Onion 

8 Creek, Texas, the Secretary shall include the costs and bene9 fits associated with the relocation of flood-prone residences 

10 in the study area for the project in the period beginning 

11 2 years before the date of initiation of the study and ending 

12 on the date of execution of the partnership agreement for 

13 construction of the project to the extent the Secretary deter14 mines such relocations are compatible with the project. The 

15 Secretary shall credit toward the non-Federal share of the 

16 cost of the project the cost of relocation of such flood-prone 

17 residences incurred by the non-Federal interest before the 

18 date of the partnership agreement for the project if the Sec19 retary determines that the relocation of such residences is 

20 integral to the project. 

21 SEC. 5114. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

22 Section 219(f)(10) of the Water Resources Development 

23 Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended— 


pwalker on PROD1PC71 with BILLS
330 

•HR 1495 RH

1 (1) by striking ‘‘$20,000,000 for water supply 

2 and wastewater infrastructure’’ and inserting the fol3 lowing: 

4 ‘‘(A) IN GENERAL.—$20,000,000 for water 

5 supply, wastewater infrastructure, and environ6 mental restoration’’; 

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

8 ‘‘(B) CREDIT.—The Secretary shall credit 

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

10 project the cost of work carried out by the non11 Federal interest before the date of the partnership 

12 agreement for the project if the Secretary deter13 mines that the work is integral to the project.’’; 

14 and 

15 (3) by aligning the remainder of the text of sub16 paragraph (A) (as designated by paragraph (1) of 

17 this section) with subparagraph (B) (as added by 

18 paragraph (2) of this section). 

19 SEC. 5115. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 

20 The Secretary shall accept funds from the National 

21 Park Service to restore Dyke Marsh, Fairfax County, Vir22 ginia. 

23 SEC. 5116. BAKER BAY AND ILWACO HARBOR, WASHINGTON. 

24 The Secretary shall conduct a study of increased silta25 tion in Baker Bay and Ilwaco Harbor, Washington, to deVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
331 

•HR 1495 RH

1 termine if the siltation is the result of a Federal navigation 

2 project (including diverted flows from the Columbia River) 

3 and, if the Secretary determines that the siltation is the 

4 result of a Federal navigation project, the Secretary shall 

5 carry out a project to mitigate the siltation as part of main6 tenance of the Federal navigation project. 

7 SEC. 5117. HAMILTON ISLAND CAMPGROUND, WASHINGTON. 

8 The Secretary is authorized to plan, design, and con9 struct a campground for Bonneville Lock and Dam at 

10 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

11 Skamania County, Washington. 

12 SEC. 5118. PUGET ISLAND, WASHINGTON. 

13 The Secretary is directed to place dredged and other 

14 suitable material along portions of the Columbia River 

15 shoreline of Puget Island, Washington, between river miles 

16 38 to 47 in order to protect economic and environmental 

17 resources in the area from further erosion, at a Federal cost 

18 of $1,000,000. This action shall be coordinated with appro19 priate resource agencies and comply with applicable Fed20 eral laws. 

21 SEC. 5119. WILLAPA BAY, WASHINGTON. 

22 Section 545 of the Water Resources Development Act 

23 of 2000 (114 Stat. 2675) is amended— 

24 (1) in subsection (b)(1) by striking ‘‘may con25 struct’’ and inserting ‘‘shall construct’’; and 


pwalker on PROD1PC71 with BILLS
332 

•HR 1495 RH

1 (2) by inserting ‘‘and ecosystem restoration’’ 

2 after ‘‘erosion protection’’ each place it appears. 

3 SEC. 5120. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

4 CONTROL. 

5 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR6 GINIA.—Section 581(a)(1) of the Water Resources Develop7 ment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is amend8 ed— 

9 (1) by striking ‘‘flood control measures’’ and in10 serting ‘‘structural and nonstructural flood control, 

11 streambank protection, stormwater management, and 

12 channel clearing and modification measures’’; and 

13 (2) by inserting ‘‘with respect to measures that 

14 incorporate levees or floodwalls’’ before the semicolon. 

15 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

16 Water Resources Development Act of 1996 (110 Stat. 3791) 

17 is amended— 

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

19 (5); 

20 (2) by striking the period at the end of para21 graph (6) and inserting a semicolon; and 

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

23 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa24 tershed; and 


pwalker on PROD1PC71 with BILLS
333 

•HR 1495 RH

1 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

2 River basin.’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 581(c) of the Water Resources Development Act of 1996 (110 

5 Stat. 3791) is amended by striking ‘‘$12,000,000’’ and in6 serting ‘‘$90,000,000’’. 

7 SEC. 5121. CENTRAL WEST VIRGINIA. 

8 Section 571 of the Water Resources Development Act 

9 of 1999 (113 Stat. 371) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘Nicholas,’’; and 

12 (B) by striking ‘‘Gilmer,’’; and 

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

14 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

15 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

16 5b(b)), a non-Federal interest may include for any project 

17 undertaken under this section a nonprofit entity with the 

18 consent of the affected local government. 

19 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

20 of the amounts appropriated to carry out this section may 

21 be used by the Corps of Engineers district offices to admin22 ister projects under this section at Federal expense.’’. 


pwalker on PROD1PC71 with BILLS
334 

•HR 1495 RH

1 SEC. 5122. SOUTHERN WEST VIRGINIA. 

2 (a) CORPS OF ENGINEERS.—Section 340 of the Water 

3 Resources Development Act of 1992 (106 Stat. 4856; 113 

4 Stat. 320) is amended by adding at the end the following: 

5 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

6 amounts appropriated to carry out this section may be used 

7 by the Corps of Engineers district offices to administer 

8 projects under this section at Federal expense.’’. 

9 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

10 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ after 

11 ‘‘Greenbrier,’’. 

12 (c) NONPROFIT ENTITIES.—Section 340 of the Water 

13 Resources Development Act of 1992 (106 Stat. 4856) is fur14 ther amended by adding at the end the following: 

15 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

16 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d– 

17 5b(b)), a non-Federal interest may include for any project 

18 undertaken under this section a nonprofit entity with the 

19 consent of the affected local government.’’. 

20 SEC. 5123. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

21 BY NON-FEDERAL INTERESTS. 

22 Section 211(f) of the Water Resources Development Act 

23 of 1996 (33 U.S.C. 701b–13) is amended by adding at the 

24 end the following: 

25 ‘‘(12) PERRIS, CALIFORNIA.—The project for 

26 flood control, Perris, California. 


pwalker on PROD1PC71 with BILLS
335 

•HR 1495 RH

1 ‘‘(13) THORNTON RESERVOIR, COOK COUNTY, IL2 LINOIS.—An element of the project for flood control, 

3 Chicagoland Underflow Plan, Illinois. 

4 ‘‘(14) LAROSE TO GOLDEN MEADOW, LOU5 ISIANA.—The project for flood control, Larose to Gold6 en Meadow, Louisiana. 

7 ‘‘(15) BUFFALO BAYOU, TEXAS.—A project for 

8 flood control, Buffalo Bayou, Texas, to provide an al9 ternative to the project authorized by the first section 

10 of the River and Harbor Act of June 20, 1938 (52 

11 Stat. 804) and modified by section 3a of the Flood 

12 Control Act of August 11, 1939 (53 Stat. 1414). 

13 ‘‘(16) HALLS BAYOU, TEXAS.—A project for flood 

14 control, Halls Bayou, Texas, to provide an alternative 

15 to the project for flood control, Buffalo Bayou and 

16 tributaries, Texas, authorized by section 101(a)(21) of 

17 the Water Resources Development Act of 1990 (104 

18 Stat. 4610).’’. 

19 TITLE VI—FLORIDA 

20 EVERGLADES 

21 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR22 IDA. 

23 (a) MODIFICATION.—The project for Hillsboro and 

24 Okeechobee Aquifer, Florida, authorized by section 

25 101(a)(16) of the Water Resources Development Act of 1999 


pwalker on PROD1PC71 with BILLS
336 

•HR 1495 RH

1 (113 Stat. 276), is modified to authorize the Secretary to 

2 carry out the project at a total cost of $42,500,000. 

3 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 

4 Resources Development Act of 2000 (114 Stat. 2681) is 

5 amended— 

6 (1) in clause (i) by adding at the end the fol7 lowing: ‘‘The project for aquifer storage and recovery, 

8 Hillsboro and Okeechobee Aquifer, Florida, authorized 

9 by section 101(a)(16) of the Water Resources Develop10 ment Act of 1999 (113 Stat. 276), shall be treated for 

11 purposes of this section as being in the Plan, except 

12 that operation and maintenance costs of the project 

13 shall remain a non-Federal responsibility.’’; and 

14 (2) in clause (iii) by inserting after ‘‘subpara15 graph (B)’’ the following: ‘‘and the project for aquifer 

16 storage and recovery, Hillsboro and Okeechobee Aqui17 fer’’. 

18 SEC. 6002. PILOT PROJECTS. 

19 Section 601(b)(2)(B) of the Water Resources Develop20 ment Act of 2000 (114 Stat. 2681) is amended— 

21 (1) in the matter preceding clause (i)— 

22 (A) by striking ‘‘$69,000,000’’ and inserting 

23 ‘‘$71,200,000’’; and 

24 (B) by striking ‘‘$34,500,000’’ each place it 

25 appears and inserting ‘‘$35,600,000’’; and 


pwalker on PROD1PC71 with BILLS
337 

•HR 1495 RH

1 (2) in clause (i)— 

2 (A) by striking ‘‘$6,000,000’’ and inserting 

3 ‘‘$8,200,000’’; and 

4 (B) by striking ‘‘$3,000,000’’ each place it 

5 appears and inserting ‘‘$4,100,000’’. 

6 SEC. 6003. MAXIMUM COSTS. 

7 (a) MAXIMUM COST OF PROJECTS.—Section 

8 601(b)(2)(E) of the Water Resources Development Act of 

9 2000 (114 Stat. 2683) is amended by inserting ‘‘and section 

10 (d)’’ before the period at the end. 

11 (b) MAXIMUM COST OF PROGRAM AUTHORITY.—Sec12 tion 601(c)(3) of such Act (114 Stat. 2684) is amended by 

13 adding at the end the following: 

14 ‘‘(C) MAXIMUM COST OF PROGRAM AUTHOR15 ITY.—Section 902 of the Water Resources Devel16 opment Act of 1986 (33 U.S.C. 2280) shall apply 

17 to the individual project funding limits in sub18 paragraph (A) and the aggregate cost limits in 

19 subparagraph (B).’’. 

20 SEC. 6004. PROJECT AUTHORIZATION. 

21 Section 601(d) of the Water Resources Development 

22 Act of 2000 (114 Stat. 2684) is amended by adding at the 

23 end the following: 

24 ‘‘(3) PROJECT AUTHORIZATION.—The following 

25 project for water resources development and conservaVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
338 

•HR 1495 RH

1 tion and other purposes is authorized to be carried 

2 out by the Secretary substantially in accordance with 

3 the plans, and subject to the conditions, described in 

4 the report designated in this paragraph: 

5 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR6 IDA.—The project for ecosystem restoration, 

7 water supply, flood damage reduction, and pro8 tection of water quality, Indian River Lagoon 

9 South, Florida: Report of the Chief of Engineers 

10 dated August 6, 2004, at a total cost of 

11 $1,365,000,000, with an estimated Federal cost 

12 of $682,500,000 and an estimated non-Federal 

13 cost of $682,500,000. 

14 ‘‘(B) PICAYUNE STRAND, FLORIDA.—The 

15 project for environmental restoration, Picayune 

16 Strand, Florida: Report of the Chief of Engineers 

17 dated September 15, 2005, at a total cost of 

18 $375,330,000, with an estimated Federal cost of 

19 $187,665,000 and an estimated non-Federal cost 

20 of $187,665,000. 

21 ‘‘(C) SITE 1 IMPOUNDMENT, FLORIDA.—The 

22 project for environmental restoration, Site 1 Im23 poundment, Florida: Report of the Chief of Engi24 neers dated December 19, 2006, at a total cost of 

25 $80,840,000, with an estimated Federal cost of 


pwalker on PROD1PC71 with BILLS
339 

•HR 1495 RH

1 $40,420,000 and an estimated non-Federal cost 

2 of $40,420,000.’’. 

3 SEC. 6005. CREDIT. 

4 Section 601(e)(5)(B) of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2685) is amended— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘or’’ at the end of subclause 

8 (I); 

9 (B) by adding ‘‘or’’ at the end of subclause 

10 (II); and 

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

12 ‘‘(III) the credit is provided for work 

13 carried out before the date of the partner14 ship agreement between the Secretary and 

15 the non-Federal sponsor, as defined in an 

16 agreement between the Secretary and the 

17 non-Federal sponsor providing for such 

18 credit;’’; and 

19 (2) in clause (ii)— 

20 (A) by striking ‘‘design agreement or the 

21 project cooperation’’; and 

22 (B) by inserting before the semicolon the fol23 lowing: ‘‘, including in the case of credit pro24 vided under clause (i)(III) conditions relating to 

25 design and construction’’. 


pwalker on PROD1PC71 with BILLS
340 

•HR 1495 RH

1 SEC. 6006. OUTREACH AND ASSISTANCE. 

2 Section 601(k) of the Water Resources Development Act 

3 of 2000 (114 Stat. 2691) is amended by adding at the end 

4 the following: 

5 ‘‘(3) MAXIMUM EXPENDITURES.—The Secretary 

6 may expend up to $3,000,000 per fiscal year for fiscal 

7 years beginning after September 30, 2004, to carry 

8 out this subsection.’’. 

9 SEC. 6007. CRITICAL RESTORATION PROJECTS. 

10 Section 528(b)(3)(C) of the Water Resources Develop11 ment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amend12 ed— 

13 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

14 all that follows through ‘‘2003’’ and inserting 

15 ‘‘$95,000,000’’; and 

16 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

17 inserting ‘‘$30,000,000’’. 

18 SEC. 6008. MODIFIED WATER DELIVERIES. 

19 (a) IN GENERAL.—The project, Modified Water Deliv20 eries to Everglades National Park, authorized by section 

21 104 of the Everglades National Park Protection and Expan22 sion Act of 1989 (16 U.S.C. 410r-8), as described in the 

23 General Design Memorandum and Environmental Impact 

24 Statement for Modified Water Deliveries to Everglades Na25 tional Park, June 1992, is modified to authorize the Sec26 retary to construct the project substantially in accordance 


pwalker on PROD1PC71 with BILLS
341 

•HR 1495 RH

1 with the Revised General Reevaluation Report/Second Sup2 plemental Environmental Impact Statement for the 

3 Tamiami Trail Modifications, Modified Water Deliveries to 

4 Everglades National Park, August 2005, at a total cost of 

5 $144,131,000. 

6 (b) USE OF FUNDS.—Funds made available under sec7 tion 102(f) of the Everglades National Park Protection and 

8 Expansion Act of 1989 (16 U.S.C. 410r–6), may be used 

9 to carry out the project modification under subsection (a). 

10 (c) SOURCE AND ALLOCATION OF FUNDS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), Federal costs incurred for construction of 

13 the project modification under subsection (a) on or 

14 after October 1, 2004, shall be shared equally between 

15 the Secretary and the Secretary of the Interior. 

16 (2) ACCEPTANCE AND USE OF FUNDS.—The Sec17 retary may accept and expend funds, without further 

18 appropriation, provided from another Federal agency 

19 or from non-Federal interests for construction of the 

20 project modification under subsection (a) or for car21 rying out such other work that the Secretary deter22 mines to be appropriate and consistent with author23 ized purposes of the modified project. 


pwalker on PROD1PC71 with BILLS
342 

•HR 1495 RH

1 SEC. 6009. DEAUTHORIZATIONS. 

2 The following projects are not authorized after the date 

3 of enactment of this Act: 

4 (1) The uncompleted portions of the project for 

5 the C–44 Basin Storage Reservoir of the Comprehen6 sive Everglades Restoration Plan, authorized by sec7 tion 601(b)(2)(C)(i) of the Water Resources Develop8 ment Act of 2000 (114 Stat. 2682), at a total cost of 

9 $147,800,000, with an estimated Federal cost of 

10 $73,900,000 and an estimated non-Federal cost of 

11 $73,900,000. 

12 (2) The uncompleted portions of the Martin 

13 County, Florida, modifications to the project for Cen14 tral and Southern Florida, authorized by section 203 

15 of the Flood Control Act of 1968 (82 Stat. 740), at 

16 a total cost of $15,471,000, with an estimated Federal 

17 cost of $8,073,000 and an estimated non-Federal cost 

18 of $7,398,000. 

19 (3) The uncompleted portions of the East Coast 

20 Backpumping, St. Lucie–Martin County, Spillway 

21 Structure S–311 modifications to the project for Cen22 tral and Southern Florida, authorized by section 203 

23 of the Flood Control Act of 1968 (82 Stat. 740), at 

24 a total cost of $77,118,000, with an estimated Federal 

25 cost of $55,124,000 and an estimated non-Federal cost 

26 of $21,994,000. 


pwalker on PROD1PC71 with BILLS
343 

•HR 1495 RH

1 SEC. 6010. REGIONAL ENGINEERING MODEL FOR ENVIRON2 MENTAL RESTORATION. 

3 (a) IN GENERAL.—The Secretary shall complete the 

4 development and testing of the regional engineering model 

5 for environmental restoration as expeditiously as prac6 ticable. 

7 (b) USAGE.—The Secretary shall consider using, as 

8 appropriate, the regional engineering model for environ9 mental restoration in the development of future water re10 source projects, including projects developed pursuant to 

11 section 601 of the Water Resources Development Act of 2000 

12 (114 Stat. 2680). 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $10,000,000 to carry out sub15 section (a). 

16 TITLE VII—LOUISIANA COASTAL 

17 AREA 

18 SEC. 7001. DEFINITIONS. 

19 In this title, the following definitions apply: 

20 (1) COASTAL LOUISIANA ECOSYSTEM.—The term 

21 ‘‘coastal Louisiana ecosystem’’ means the coastal area 

22 of Louisiana from the Sabine River on the west to the 

23 Pearl River on the east, including those parts of the 

24 Deltaic Plain and the Chenier Plain included within 

25 the study area of the Plan. 


pwalker on PROD1PC71 with BILLS
344 

•HR 1495 RH

1 (2) GOVERNOR.—The term ‘‘Governor’’ means 

2 the Governor of the State of Louisiana. 

3 (3) PLAN.—The term ‘‘Plan’’ means the report of 

4 the Chief of Engineers for ecosystem restoration for 

5 the Louisiana Coastal Area dated January 31, 2005. 

6 (4) TASK FORCE.—The term ‘‘Task Force’’ 

7 means the Coastal Louisiana Ecosystem Protection 

8 and Restoration Task Force established by section 

9 7003. 

10 SEC. 7002. COMPREHENSIVE PLAN. 

11 (a) IN GENERAL.—The Secretary, in coordination 

12 with the Governor, shall develop a comprehensive plan for 

13 protecting, preserving, and restoring the coastal Louisiana 

14 ecosystem. 

15 (b) INTEGRATION OF PLAN INTO COMPREHENSIVE

16 HURRICANE PROTECTION STUDY.—In developing the com17 prehensive plan, the Secretary shall integrate the plan into 

18 the analysis and design of the comprehensive hurricane pro19 tection study authorized by title I of the Energy and Water 

20 Development Appropriations Act, 2006 (Public Law 109– 

21 103; 119 Stat. 2247). 

22 (c) CONSISTENCY WITH COMPREHENSIVE COASTAL

23 PROTECTION MASTER PLAN.—In developing the com24 prehensive plan, the Secretary shall ensure that the plan 

25 is consistent with the goals, analysis, and design of the comVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
345 

•HR 1495 RH

1 prehensive coastal protection master plan authorized and 

2 defined pursuant to Act 8 of the First Extraordinary Ses3 sion of the Louisiana State Legislature, 2005, including— 

4 (1) investigation and study of the maximum ef5 fective use of the water and sediment of the Mis6 sissippi and Atchafalaya Rivers for coastal restora7 tion purposes consistent with flood control and navi8 gation; 

9 (2) a schedule for the design and implementation 

10 of large-scale water and sediment reintroduction 

11 projects and an assessment of funding needs from any 

12 source; and 

13 (3) an investigation and assessment of alter14 ations in the operation of the Old River Control 

15 Structure, consistent with flood control and naviga16 tion purposes. 

17 (d) INCLUSIONS.—The comprehensive plan shall in18 clude a description of— 

19 (1) the framework of a long-term program inte20 grated with hurricane and storm damage reduction, 

21 flood damage reduction, and navigation activities 

22 that provide for the comprehensive protection, con23 servation, and restoration of the wetlands, estuaries 

24 (including the Barataria-Terrebonne estuary), barrier 

25 islands, shorelines, and related land and features of 


pwalker on PROD1PC71 with BILLS
346 

•HR 1495 RH

1 the coastal Louisiana ecosystem, including protection 

2 of critical resources, habitat, and infrastructure from 

3 the effects of a coastal storm, a hurricane, erosion, or 

4 subsidence; 

5 (2) the means by which a new technology, or an 

6 improved technique, can be integrated into the pro7 gram referred to in paragraph (1); 

8 (3) the role of other Federal and State agencies 

9 and programs in carrying out such program; 

10 (4) specific, measurable ecological success criteria 

11 by which success of the plan will be measured; and 

12 (5) proposed projects in order of priority as de13 termined by their respective potential to contribute 

14 to— 

15 (A) creation of coastal wetlands; and 

16 (B) flood protection of communities ranked 

17 by population density and level of protection. 

18 (e) CONSIDERATIONS.—In developing the comprehen19 sive plan, the Secretary shall consider the advisability of 

20 integrating into the program referred to in subsection 

21 (d)(1)— 

22 (1) any related Federal or State project being 

23 carried out on the date on which the plan is devel24 oped; 

25 (2) any activity in the Plan; or 


pwalker on PROD1PC71 with BILLS
347 

•HR 1495 RH

1 (3) any other project or activity identified in— 

2 (A) the Mississippi River and Tributaries 

3 program; 

4 (B) the Louisiana Coastal Wetlands Con5 servation Plan; 

6 (C) the Louisiana Coastal Zone Manage7 ment Plan; or 

8 (D) the plan of the State of Louisiana enti9 tled ‘‘Coast 2050: Toward a Sustainable Coastal 

10 Louisiana’’. 

11 (f) REPORTS TO CONGRESS.— 

12 (1) INITIAL REPORT.—Not later than 1 year 

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

14 shall submit to Congress a report containing the com15 prehensive plan. 

16 (2) UPDATES.—Not later that 5 years after the 

17 date of submission of a report under paragraph (1), 

18 and at least once every 5 years thereafter until imple19 mentation of the comprehensive plan is complete, the 

20 Secretary shall submit to Congress a report con21 taining an update of the plan and an assessment of 

22 the progress made in implementing the plan. 

23 SEC. 7003. LOUISIANA COASTAL AREA. 

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

25 program for ecosystem restoration, Louisiana Coastal Area, 


pwalker on PROD1PC71 with BILLS
348 

•HR 1495 RH

1 Louisiana, substantially in accordance with the report of 

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

3 (b) PRIORITIES.— 

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

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

6 to— 

7 (A) any portion of the program identified 

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

9 critical restoration feature; 

10 (B) any Mississippi River diversion project 

11 that— 

12 (i) will protect a major population 

13 area of the Pontchartain, Pearl, Breton 

14 Sound, Barataria, or Terrebonne basins; 

15 and 

16 (ii) will produce an environmental 

17 benefit to the coastal Louisiana ecosystem; 

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

19 project that— 

20 (i) will be carried out in conjunction 

21 with a Mississippi River diversion project; 

22 and 

23 (ii) will protect a major population 

24 area; 


pwalker on PROD1PC71 with BILLS
349 

•HR 1495 RH

1 (D) any project that will reduce storm surge 

2 and prevent or reduce the risk of loss of human 

3 life and the risk to public safety; and 

4 (E) a project to physically modify the Mis5 sissippi River-Gulf outlet and to restore the 

6 areas affected by the Mississippi River-Gulf out7 let in accordance with the comprehensive plan to 

8 be developed under section 7002(a), subject to the 

9 conditions and recommendations in a final re10 port of the Chief of Engineers. 

11 SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

12 AND RESTORATION TASK FORCE. 

13 (a) ESTABLISHMENT.—There is established a task force 

14 to be known as the Coastal Louisiana Ecosystem Protection 

15 and Restoration Task Force (in this section referred to as 

16 the ‘‘Task Force’’). 

17 (b) MEMBERSHIP.—The Task Force shall consist of the 

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

19 agency, a designee at the level of Assistant Secretary or an 

20 equivalent level): 

21 (1) The Secretary. 

22 (2) The Secretary of the Interior. 

23 (3) The Secretary of Commerce. 

24 (4) The Administrator of the Environmental 

25 Protection Agency. 


pwalker on PROD1PC71 with BILLS
350 

•HR 1495 RH

1 (5) The Secretary of Agriculture. 

2 (6) The Secretary of Transportation. 

3 (7) The Secretary of Energy. 

4 (8) The Director of the Federal Emergency Man5 agement Agency. 

6 (9) The Commandant of the Coast Guard. 

7 (10) The Coastal Advisor to the Governor. 

8 (11) The Secretary of the Louisiana Department 

9 of Natural Resources. 

10 (12) A representative of the Governor’s Advisory 

11 Commission on Coastal Restoration and Conserva12 tion. 

13 (c) DUTIES.—The Task Force shall make recommenda14 tions to the Secretary regarding— 

15 (1) policies, strategies, plans, programs, projects, 

16 and activities for addressing conservation, protection, 

17 restoration, and maintenance of the coastal Louisiana 

18 ecosystem; 

19 (2) financial participation by each agency rep20 resented on the Task Force in conserving, protecting, 

21 restoring, and maintaining the coastal Louisiana eco22 system, including recommendations— 

23 (A) that identify funds from current agency 

24 missions and budgets; and 


pwalker on PROD1PC71 with BILLS
351 

•HR 1495 RH

1 (B) for coordinating individual agency 

2 budget requests; and 

3 (3) the comprehensive plan to be developed under 

4 section 7002(a). 

5 (d) REPORT.—The Task Force shall submit to Con6 gress a biennial report that summarizes the activities of the 

7 Task Force. 

8 (e) WORKING GROUPS.— 

9 (1) GENERAL AUTHORITY.—The Task Force may 

10 establish such working groups as the Task Force de11 termines to be necessary to assist the Task Force in 

12 carrying out this section. 

13 (2) HURRICANES KATRINA AND RITA.— 

14 (A) IN GENERAL.—The Task Force may es15 tablish a working group for the purpose of advis16 ing the Task Force of opportunities to integrate 

17 the planning, engineering, design, implementa18 tion, and performance of Corps of Engineers 

19 projects for hurricane and storm damage reduc20 tion, flood damage reduction, ecosystem restora21 tion, and navigation in those areas in Louisiana 

22 for which a major disaster has been declared by 

23 the President as a result of Hurricane Katrina 

24 or Rita. 


pwalker on PROD1PC71 with BILLS
352 

•HR 1495 RH

1 (B) EXPERTISE; REPRESENTATION.—In es2 tablishing the working group under subpara3 graph (A), the Task Force shall ensure that the 

4 group— 

5 (i) has expertise in coastal estuaries, 

6 diversions, coastal restoration and wetlands 

7 protection, ecosystem restoration, hurricane 

8 protection, storm damage reduction systems, 

9 navigation, and ports; and 

10 (ii) represents the State of Louisiana 

11 and local governments in south Louisiana. 

12 (f) COMPENSATION.—Members of the Task Force and 

13 members of a working group established by the Task Force 

14 may not receive compensation for their services as members 

15 of the Task Force or working group, as the case may be. 

16 (g) TRAVEL EXPENSES.—Travel expenses incurred by 

17 members of the Task Force and members of a working group 

18 established by the Task Force, in the performance of their 

19 service on the Task Force or working group, as the case 

20 may be, shall be paid by the agency or entity that the mem21 ber represents. 

22 (h) NONAPPLICABILITY OF FACA.—The Federal Advi23 sory Committee Act (5 U.S.C. App.) shall not apply to the 

24 Task Force or any working group established by the Task 

25 Force. 


pwalker on PROD1PC71 with BILLS
353 

•HR 1495 RH

1 SEC. 7005. PROJECT MODIFICATIONS. 

2 (a) REVIEW.—The Secretary, in cooperation with the 

3 non-Federal interest of the project involved, shall review 

4 each Federally-authorized water resources project in the 

5 coastal Louisiana ecosystem being carried out or completed 

6 as of the date of enactment of this Act to determine whether 

7 the project needs to be modified— 

8 (1) under the program authorized by section 

9 7003; or 

10 (2) to contribute to ecosystem restoration under 

11 section 7003. 

12 (b) MODIFICATIONS.—Subject to subsections (c) and 

13 (d), the Secretary may carry out the modifications de14 scribed in subsection (a). 

15 (c) PUBLIC NOTICE AND COMMENT.—Before com16 pleting the report required under subsection (d), the Sec17 retary shall provide an opportunity for public notice and 

18 comment. 

19 (d) REPORT.— 

20 (1) IN GENERAL.—Before modifying an oper21 ation or feature of a project under subsection (b), the 

22 Secretary shall submit to the Committee on Transpor23 tation and Infrastructure of the House of Representa24 tives and the Committee on Environment and Public 

25 Works of the Senate a report describing the modifica26 tion. 


pwalker on PROD1PC71 with BILLS
354 

•HR 1495 RH

1 (2) INCLUSION.—A report describing a modifica2 tion under paragraph (1) shall include such informa3 tion relating to the timeline for and cost of the modi4 fication, as the Secretary determines to be relevant. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $10,000,000. 

8 SEC. 7006. CONSTRUCTION. 

9 (a) SCIENCE AND TECHNOLOGY.— 

10 (1) IN GENERAL.—The Secretary shall carry out 

11 a coastal Louisiana ecosystem program substantially 

12 in accordance with the Plan, at a total cost of 

13 $100,000,000. 

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

15 under paragraph (1) shall be— 

16 (A) to identify any uncertainty relating to 

17 the physical, chemical, geological, biological, and 

18 cultural baseline conditions in coastal Louisiana 

19 ecosystem; 

20 (B) to improve knowledge of the physical, 

21 chemical, geological, biological, and cultural 

22 baseline conditions in coastal Louisiana eco23 system; and 

24 (C) to identify and develop technologies, 

25 models, and methods to carry out this subsection. 


pwalker on PROD1PC71 with BILLS
355 

•HR 1495 RH

1 (3) WORKING GROUPS.—The Secretary may es2 tablish such working groups as the Secretary deter3 mines to be necessary to assist the Secretary in car4 rying out this subsection. 

5 (4) CONTRACTS AND COOPERATIVE AGREE6 MENTS.—In carrying out this subsection, the Sec7 retary may enter into a contract or cooperative agree8 ment with an individual or entity (including a con9 sortium of academic institutions in Louisiana) with 

10 scientific or engineering expertise in the restoration of 

11 aquatic and marine ecosystems for coastal restoration 

12 and enhancement through science and technology. 

13 (b) DEMONSTRATION PROJECTS.— 

14 (1) IN GENERAL.—Subject to paragraph (2), the 

15 Secretary may carry out demonstration projects sub16 stantially in accordance with the Plan and within the 

17 coastal Louisiana ecosystem for the purpose of resolv18 ing critical areas of scientific or technological uncer19 tainty related to the implementation of the com20 prehensive plan to be developed under section 7002(a). 

21 (2) MAXIMUM COST.— 

22 (A) TOTAL COST.—The total cost for plan23 ning, design, and construction of all projects 

24 under this subsection shall not exceed 

25 $100,000,000. 


pwalker on PROD1PC71 with BILLS
356 

•HR 1495 RH

1 (B) INDIVIDUAL PROJECT.—The total cost of 

2 an individual project under this subsection shall 

3 not exceed $25,000,000. 

4 (c) INITIAL PROJECTS.— 

5 (1) IN GENERAL.—The Secretary is authorized to 

6 carry out the following projects substantially in ac7 cordance with the Plan: 

8 (A) Mississippi River Gulf Outlet environ9 mental restoration at a total cost of 

10 $105,300,000. 

11 (B) Small diversion at Hope Canal at a 

12 total cost of $68,600,000. 

13 (C) Barataria basin barrier shoreline res14 toration at a total cost of $242,600,000. 

15 (D) Small Bayou Lafourche reintroduction 

16 at a total cost of $133,500,000. 

17 (E) Medium diversion at Myrtle Grove with 

18 dedicated dredging at a total cost of 

19 $278,300,000. 

20 (2) MODIFICATIONS.— 

21 (A) IN GENERAL.—In carrying out each 

22 project under paragraph (1), the Secretary shall 

23 carry out such modifications as may be nec24 essary to the ecosystem restoration features iden25 tified in the Plan to address the impacts of HurVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
357 

•HR 1495 RH

1 ricanes Katrina and Rita on the areas of the 

2 project. 

3 (B) INTEGRATION.—The Secretary shall en4 sure that each modification under subparagraph 

5 (A) is taken into account in conducting the 

6 study of comprehensive hurricane protection au7 thorized by title I of the Energy and Water De8 velopment Appropriations Act, 2006 (119 Stat. 

9 2247). 

10 (3) CONSTRUCTION REPORTS.—Before the Sec11 retary may begin construction of any project under 

12 this subsection, the Secretary shall submit a report 

13 documenting any modifications to the project, includ14 ing cost changes, to the Committee on Transportation 

15 and Infrastructure of the House of Representatives 

16 and the Committee on Environment and Public 

17 Works of the Senate. 

18 (4) APPLICABILITY OF OTHER PROVISIONS.—Not19 withstanding section 902 of the Water Resources De20 velopment Act of 1986 (33 U.S.C. 2280), the cost of 

21 a project described in paragraph (1) and any modi22 fications to the project shall not exceed 150 percent of 

23 the cost of such project set forth in paragraph (1). 

24 (d) BENEFICIAL USE OF DREDGED MATERIAL.—The 

25 Secretary, substantially in accordance with the Plan, shall 


pwalker on PROD1PC71 with BILLS
358 

•HR 1495 RH

1 implement in the coastal Louisiana ecosystem a program 

2 for the beneficial use of material dredged from federally 

3 maintained waterways at a total cost of $100,000,000. 

4 (e) ADDITIONAL PROJECTS.— 

5 (1) IN GENERAL.—The Secretary is authorized to 

6 carry out a project for ecosystem restoration for the 

7 Chenier Plain, Louisiana, and the following projects 

8 referred to in the Plan if the Secretary determines 

9 such projects are feasible: 

10 (A) Land Bridge between Caillou Lake and 

11 the Gulf of Mexico at a total cost of $56,300,000. 

12 (B) Gulf Shoreline at Point Au Fer Island 

13 at a total cost of $43,400,000. 

14 (C) Modification of Caernarvon Diversion 

15 at a total cost of $20,700,000. 

16 (D) Modification of Davis Pond Diversion 

17 at a total cost of $64,200,000. 

18 (2) REPORTS.—Not later than December 31, 

19 2009, the Secretary shall submit feasibility reports on 

20 the projects described in paragraph (1) to the Com21 mittee on Transportation and Infrastructure of the 

22 House of Representatives and the Committee on Envi23 ronment and Public Works of the Senate. 

24 (3) CONSTRUCTION.—No appropriations shall be 

25 made to construct any project under this subsection if 


pwalker on PROD1PC71 with BILLS
359 

•HR 1495 RH

1 the report under paragraph (2) has not been approved 

2 by resolutions adopted by the Committee on Trans3 portation and Infrastructure of the House of Rep4 resentatives and the Committee on Environment and 

5 Public Works of the Senate. 

6 SEC. 7007. NON-FEDERAL COST SHARE. 

7 (a) CREDIT.—The Secretary shall credit toward the 

8 non-Federal share of the cost of a study or project under 

9 this title the cost of work carried out in the coastal Lou10 isiana ecosystem by the non-Federal interest before the date 

11 of the execution of the partnership agreement for the study 

12 or project if the Secretary determines that the work is inte13 gral to the study or project. 

14 (b) SOURCES OF FUNDS.—The non-Federal interest 

15 may use, and the Secretary shall accept, funds provided 

16 under any other Federal program to satisfy, in whole or 

17 in part, the non-Federal share of the construction of any 

18 project carried out under this section if such funds are au19 thorized to be used to carry out such project. 

20 (c) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

21 Any credit provided under this section toward the non-Fed22 eral share of the cost of a study or project under this title 

23 may be applied toward the non-Federal share of the cost 

24 of any other study or project under this title. 

25 (d) PERIODIC MONITORING.— 


pwalker on PROD1PC71 with BILLS
360 

•HR 1495 RH

1 (1) IN GENERAL.—To ensure that the contribu2 tions of the non-Federal interest equal the non-Fed3 eral share of the cost of a study or project under this 

4 title during each 5-year period beginning after the 

5 date of commencement of the first study or project 

6 under this title, the Secretary shall— 

7 (A) monitor for each study or project under 

8 this title the non-Federal provision of cash, in9 kind services and materials, and land, ease10 ments, rights-of-way, relocations, and disposal 

11 areas; and 

12 (B) manage the requirement of the non-Fed13 eral interest to provide for each such study or 

14 project cash, in-kind services and materials, and 

15 land, easements, rights-of-way, relocations, and 

16 disposal areas. 

17 (2) OTHER MONITORING.—The Secretary shall 

18 conduct monitoring separately for the study phase, 

19 construction phase, preconstruction engineering and 

20 design phase, and planning phase for each project au21 thorized on or after date of enactment of this Act for 

22 all or any portion of the coastal Louisiana ecosystem. 

23 (e) AUDITS.—Credit for land, easements, rights-of24 way, relocations, and disposal areas (including land value 

25 and incidental costs) provided under this section, and the 


pwalker on PROD1PC71 with BILLS
361 

•HR 1495 RH

1 cost of work provided under this section, shall be subject 

2 to audit by the Secretary. 

3 SEC. 7008. PROJECT JUSTIFICATION. 

4 (a) IN GENERAL.—Notwithstanding section 209 of the 

5 Flood Control Act of 1970 (42 U.S.C. 1962–2) or any other 

6 provision of law, in carrying out any project or activity 

7 under this title or any other provision of law to protect, 

8 conserve, and restore the coastal Louisiana ecosystem, the 

9 Secretary may determine that— 

10 (1) the project or activity is justified by the envi11 ronmental benefits derived by the coastal Louisiana 

12 ecosystem; and 

13 (2) no further economic justification for the 

14 project or activity is required if the Secretary deter15 mines that the project or activity is cost effective. 

16 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

17 shall not apply to any separable element of a project in18 tended to produce benefits that are predominantly unrelated 

19 to the protection, preservation, and restoration of the coast20 al Louisiana ecosystem. 

21 SEC. 7009. INDEPENDENT REVIEW. 

22 The Secretary shall establish the Louisiana Water Re23 sources Council which shall serve as the exclusive peer re24 view panel for projects under this title as required by sec25 tion 2037 of this Act. 


pwalker on PROD1PC71 with BILLS
362 

•HR 1495 RH

1 SEC. 7010. EXPEDITED REPORTS. 

2 The Secretary shall expedite completion of the reports 

3 for the following projects and, if the Secretary determines 

4 that a project is justified in the completed report, proceed 

5 directly to project preconstruction engineering and design: 

6 (1) The projects identified in the study of com7 prehensive hurricane protection authorized by title I 

8 of the Energy and Water Development Appropria9 tions Act, 2006 (119 Stat. 2447). 

10 (2) A project for ecosystem restoration for the 

11 Chenier Plain, Louisiana. 

12 (3) The project for Multipurpose Operation of 

13 Houma Navigation Lock. 

14 (4) The project for Terrebonne Basin Barrier 

15 Shoreline Restoration. 

16 (5) The project for Small Diversion at Convent/ 

17 Blind River. 

18 (6) The project for Amite River Diversion Canal 

19 Modification. 

20 (7) The project for Medium Diversion at White’s 

21 Ditch. 

22 (8) The project to convey Atchafalaya River 

23 Water to Northern Terrebonne Marshes. 

24 (9) The projects identified in the Southwest 

25 Coastal Louisiana hurricane and storm damage re26 duction study authorized by the Committee on TransVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
363 

•HR 1495 RH

1 portation and Infrastructure of the House of Rep2 resentatives on December 7, 2005. 

3 SEC. 7011. REPORTING. 

4 (a) IN GENERAL.—Not later than 6 years after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on Envi8 ronment and Public Works of the Senate a report including 

9 a description of— 

10 (1) the projects authorized and undertaken under 

11 this title; 

12 (2) the construction status of the projects; 

13 (3) the cost to date and the expected final cost 

14 of each project undertaken under this title; and 

15 (4) the benefits and environmental impacts of the 

16 projects. 

17 (b) EXTERNAL REVIEW.—The Secretary shall enter 

18 into a contract with the National Academy of Sciences 

19 under which the National Academy of Sciences shall per20 form and submit to the Committee on Transportation and 

21 Infrastructure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate an 

23 external review of the demonstration program authorized 

24 by subsection 7006(b). 


pwalker on PROD1PC71 with BILLS
364 

•HR 1495 RH

1 SEC. 7012. NEW ORLEANS AND VICINITY. 

2 (a) IN GENERAL.—The Secretary is authorized to— 

3 (1) raise levee heights where necessary and other4 wise enhance the Lake Pontchartrain and Vicinity 

5 Project and the West Bank and Vicinity Project to 

6 provide the levels of protection necessary to achieve 

7 the certification required for participation in the na8 tional flood insurance program under the National 

9 Flood Insurance Act of 1965 (42 U.S.C. 2001 et seq.); 

10 (2) modify the 17th Street, Orleans Avenue, and 

11 London Avenue drainage canals and install pumps 

12 and closure structures at or near the lakefront at 

13 Lake Pontchartrain; 

14 (3) armor critical elements of the New Orleans 

15 hurricane and storm damage reduction system; 

16 (4) modify the Inner Harbor Navigation Canal 

17 to increase the reliability of the flood protection sys18 tem for the city of New Orleans; 

19 (5) replace or modify certain non-Federal levees 

20 in Plaquemines Parish to incorporate the levees into 

21 the New Orleans to Venice Hurricane Protection 

22 Project; 

23 (6) reinforce or replace flood walls in the existing 

24 Lake Pontchartrain and Vicinity Project and the ex25 isting West Bank and Vicinity Project to improve 


pwalker on PROD1PC71 with BILLS
365 

•HR 1495 RH

1 performance of the flood and storm damage reduction 

2 systems; 

3 (7) perform one time stormproofing of interior 

4 pump stations to ensure the operability of the stations 

5 during hurricanes, storms, and high water events; 

6 (8) repair, replace, modify and improve non7 Federal levees and associated protection measures in 

8 Terrebonne Parish; and 

9 (9) reduce the risk of storm damage to the great10 er New Orleans metropolitan area by restoring the 

11 surrounding wetlands through measures to begin to 

12 reverse wetland losses in areas affected by navigation, 

13 oil and gas, and other channels and through modi14 fication of the Caernarvon Freshwater Diversion 

15 structure or its operations. 

16 (b) FUNDING AUTHORITY.—Activities authorized by 

17 subsection (a) and section 7013 shall be carried out in a 

18 manner that is consistent with the cost-sharing require19 ments specified in the Emergency Supplemental Appropria20 tions Act for Defense, the Global War on Terror, and Hurri21 cane Recovery, 2006 (Public Law 109–234). 

22 (c) CONDITIONS.—The Secretary shall notify the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Environment and 

25 Public Works of the Senate if estimates for the expenditure 


pwalker on PROD1PC71 with BILLS
366 

•HR 1495 RH

1 of funds on any single project or activity identified in sub2 section (a) exceeds the amount specified for that project or 

3 activity in the Emergency Supplemental Appropriations 

4 Act for Defense, the Global War on Terror, and Hurricane 

5 Recovery, 2006 (Public Law 109–234). No appropriation 

6 in excess of 25 percent above the amount specified for a 

7 project or activity in such Act shall be made until an in8 crease in the level of expenditure has been approved by reso9 lutions adopted by the Committee on Transportation and 

10 Infrastructure of the House of Representatives and the Com11 mittee on Environment and Public Works of the Senate. 

12 SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. 

13 (a) IN GENERAL.—The project for navigation, Mis14 sissippi River-Gulf outlet, authorized by the Act entitled 

15 ‘‘An Act to authorize construction of the Mississippi River16 Gulf outlet’’, approved March 29, 1956 (70 Stat. 65), as 

17 modified by section 844 of the Water Resources Development 

18 Act of 1986 (100 Stat. 4177), is not authorized. 

19 (b) PLAN FOR CLOSURE AND RESTORATION.—The Sec20 retary shall carry out a study and implement a project to 

21 physically modify the Mississippi River-Gulf outlet and to 

22 restore the areas affected by the Mississippi River-Gulf out23 let in accordance with the plan to be developed under sec24 tion 7002(a), subject to the conditions and recommenda25 tions in a final report of the Chief of Engineers if a favorVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
367 

•HR 1495 RH

1 able report of the Chief is completed not later than 180 days 

2 after the date of enactment of this Act. The plan shall incor3 porate the recommendations of the Interim Mississippi 

4 River Gulf Outlet Deep-Draft De-Authorization Report sub5 mitted to Congress in December 2006. 

6 (c) REPORT TO CONGRESS.—Not later than 180 days 

7 after the date of enactment of this Act, the Secretary shall 

8 submit to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Committee on 

10 Environment and Public Works of the Senate a report on 

11 the project described in subsection (b). 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $5,000,000 for the costs of 

14 carrying out the study and developing the report of the 

15 Chief of Engineers required by subsection (b). Such costs 

16 shall be a Federal expense. 

17 TITLE VIII—UPPER MISSISSIPPI 

18 RIVER AND ILLINOIS WATER19 WAY SYSTEM 

20 SEC. 8001. DEFINITIONS. 

21 In this title, the following definitions apply: 

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

23 for navigation and ecosystem improvements for the 

24 Upper Mississippi River and Illinois Waterway SysVerDate Aug 31 2005 23:01 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6203 E:\BILLS\H1495.RH H1495

pwalker on PROD1PC71 with BILLS
368 

•HR 1495 RH

1 tem: Report of the Chief of Engineers, dated December 

2 15, 2004. 

3 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA4 TERWAY SYSTEM.—The term ‘‘Upper Mississippi 

5 River and Illinois Waterway System’’ means the 

6 projects for navigation and ecosystem restoration au7 thorized by Congress for— 

8 (A) the segment of the Mississippi River 

9 from the confluence with the Ohio River, River 

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

11 Minneapolis-St. Paul, Minnesota, River Mile 

12 854.0; and 

13 (B) the Illinois Waterway from its con14 fluence with the Mississippi River at Grafton, Il15 linois, River Mile 0.0, to T.J. O’Brien Lock in 

16 Chicago, Illinois, River Mile 327.0. 

17 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA18 TION. 

19 Except as modified by this title, the Secretary shall 

20 undertake navigation improvements and restoration of the 

21 ecosystem for the Upper Mississippi River and Illinois 

22 Water System substantially in accordance with the Plan 

23 and subject to the conditions described therein. 


pwalker on PROD1PC71 with BILLS
369 

•HR 1495 RH

1 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA2 TION IMPROVEMENTS. 

3 (a) SMALL SCALE AND NONSTRUCTURAL MEAS4 URES.— 

5 (1) IN GENERAL.—The Secretary shall— 

6 (A) construct mooring facilities at Locks 12, 

7 14, 18, 20, 22, 24, and LaGrange Lock or other 

8 alternative locations that are economically and 

9 environmentally feasible; 

10 (B) provide switchboats at Locks 20 through 

11 25; and 

12 (C) conduct development and testing of an 

13 appointment scheduling system. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.—The 

15 total cost of projects authorized under this subsection 

16 shall be $235,000,000. Such costs are to be paid 1/2 

17 from amounts appropriated from the general fund of 

18 the Treasury and 1/2 from amounts appropriated 

19 from the Inland Waterways Trust Fund. Such sums 

20 shall remain available until expended. 

21 (b) NEW LOCKS.— 

22 (1) IN GENERAL.—The Secretary shall construct 

23 new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 

24 on the Upper Mississippi River and at LaGrange 

25 Lock and Peoria Lock on the Illinois Waterway. 


pwalker on PROD1PC71 with BILLS
370 

•HR 1495 RH

1 (2) AUTHORIZATION OF APPROPRIATIONS.—The 

2 total cost of projects authorized under this subsection 

3 shall be $1,795,000,000. Such costs are to be paid 1/ 

4 2 from amounts appropriated from the general fund 

5 of the Treasury and 1/2 from amounts appropriated 

6 from the Inland Waterways Trust Fund. Such sums 

7 shall remain available until expended. 

8 (c) CONCURRENCE.—The mitigation required for the 

9 projects authorized under subsections (a) and (b), including 

10 any acquisition of lands or interests in lands, shall be un11 dertaken or acquired concurrently with lands and interests 

12 in lands for the projects authorized under subsections (a) 

13 and (b), and physical construction required for the purposes 

14 of mitigation shall be undertaken concurrently with the 

15 physical construction of such projects. 

16 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

17 (a) OPERATION.—To ensure the environmental sus18 tainability of the existing Upper Mississippi River and Illi19 nois Waterway System, the Secretary shall modify, con20 sistent with requirements to avoid adverse effects on naviga21 tion, the operation of the Upper Mississippi River and Illi22 nois Waterway System to address the cumulative environ23 mental impacts of operation of the system and improve the 

24 ecological integrity of the Upper Mississippi River and Illi25 nois River. 


pwalker on PROD1PC71 with BILLS
371 

•HR 1495 RH

1 (b) ECOSYSTEM RESTORATION PROJECTS.— 

2 (1) IN GENERAL.—The Secretary shall carry out, 

3 consistent with requirements to avoid adverse effects 

4 on navigation, ecosystem restoration projects to attain 

5 and maintain the sustainability of the ecosystem of 

6 the Upper Mississippi River and Illinois River in ac7 cordance with the general framework outlined in the 

8 Plan. 

9 (2) PROJECTS INCLUDED.—Ecosystem restora10 tion projects may include— 

11 (A) island building; 

12 (B) construction of fish passages; 

13 (C) floodplain restoration; 

14 (D) water level management (including 

15 water drawdown); 

16 (E) backwater restoration; 

17 (F) side channel restoration; 

18 (G) wing dam and dike restoration and 

19 modification; 

20 (H) island and shoreline protection; 

21 (I) topographical diversity; 

22 (J) dam point control; 

23 (K) use of dredged material for environ24 mental purposes; 

25 (L) tributary confluence restoration; 


pwalker on PROD1PC71 with BILLS
372 

•HR 1495 RH

1 (M) spillway, dam, and levee modification 

2 to benefit the environment; and 

3 (N) land and easement acquisition. 

4 (3) COST SHARING.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraphs (B) and (C), the Federal share of 

7 the cost of carrying out an ecosystem restoration 

8 project under this subsection shall be 65 percent. 

9 (B) EXCEPTION FOR CERTAIN RESTORATION

10 PROJECTS.—In the case of a project under this 

11 section for ecosystem restoration, the Federal 

12 share of the cost of carrying out the project shall 

13 be 100 percent if the project— 

14 (i) is located below the ordinary high 

15 water mark or in a connected backwater; 

16 (ii) modifies the operation of structures 

17 for navigation; or 

18 (iii) is located on federally owned land. 

19 (C) SAVINGS CLAUSE.—Nothing in this sub20 section affects the applicability of section 906(e) 

21 of the Water Resources Development Act of 1986 

22 (33 U.S.C. 2283(e)). 

23 (D) NONGOVERNMENTAL ORGANIZATIONS.— 

24 Notwithstanding section 221 of the Flood Control 

25 Act of 1970 (42 U.S.C. 1962d–5b), for any 


pwalker on PROD1PC71 with BILLS
373 

•HR 1495 RH

1 project carried out under this title, a non-Fed2 eral sponsor may include a nonprofit entity, 

3 with the consent of the affected local government. 

4 (4) LAND ACQUISITION.—The Secretary may ac5 quire land or an interest in land for an ecosystem 

6 restoration project from a willing seller through con7 veyance of— 

8 (A) fee title to the land; or 

9 (B) a flood plain conservation easement. 

10 (c) MONITORING.—The Secretary shall carry out a 

11 long term resource monitoring, computerized data inven12 tory and analysis, and applied research program for the 

13 Upper Mississippi River and Illinois River to determine 

14 trends in ecosystem health, to understand systemic changes, 

15 and to help identify restoration needs. The program shall 

16 build upon the monitoring program established under sec17 tion 1103(e)(1)(A)(ii) of the Water Resources Development 

18 Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)). 

19 (d) ECOSYSTEM RESTORATION PRECONSTRUCTION EN20 GINEERING AND DESIGN.— 

21 (1) RESTORATION DESIGN.—Before initiating the 

22 construction of any individual ecosystem restoration 

23 project, the Secretary shall— 


pwalker on PROD1PC71 with BILLS
374 

•HR 1495 RH

1 (A) establish ecosystem restoration goals 

2 and identify specific performance measures de3 signed to demonstrate ecosystem restoration; 

4 (B) establish the without-project condition 

5 or baseline for each performance indicator; and 

6 (C) for each separable element of the eco7 system restoration, identify specific target goals 

8 for each performance indicator. 

9 (2) OUTCOMES.—Performance measures identi10 fied under paragraph (1)(A) shall include specific 

11 measurable environmental outcomes, such as changes 

12 in water quality, hydrology, or the well-being of indi13 cator species the population and distribution of which 

14 are representative of the abundance and diversity of 

15 ecosystem-dependent aquatic and terrestrial species. 

16 (3) RESTORATION DESIGN.—Restoration design 

17 carried out as part of ecosystem restoration shall in18 clude a monitoring plan for the performance measures 

19 identified under paragraph (1)(A), including— 

20 (A) a timeline to achieve the identified tar21 get goals; and 

22 (B) a timeline for the demonstration of 

23 project completion. 

24 (e) CONSULTATION AND FUNDING AGREEMENTS.— 


pwalker on PROD1PC71 with BILLS
375 

•HR 1495 RH

1 (1) IN GENERAL.—In carrying out the environ2 mental sustainability, ecosystem restoration, and 

3 monitoring activities authorized in this section, the 

4 Secretary shall consult with the Secretary of the Inte5 rior and the States of Illinois, Iowa, Minnesota, Mis6 souri, and Wisconsin. 

7 (2) FUNDING AGREEMENTS.—The Secretary is 

8 authorized to enter into agreements with the Sec9 retary of the Interior, the Upper Mississippi River 

10 Basin Association, and natural resource and con11 servation agencies of the States of Illinois, Iowa, Min12 nesota, Missouri, and Wisconsin to provide for the di13 rect participation of and transfer of funds to such en14 tities for the planning, implementation, and evalua15 tion of projects and programs established by this sec16 tion. 

17 (f) SPECIFIC PROJECTS AUTHORIZATION.— 

18 (1) IN GENERAL.—There is authorized to be ap19 propriated to carry out this subsection 

20 $1,580,000,000, of which not more than $226,000,000 

21 shall be available for projects described in subsection 

22 (b)(2)(B) and not more than $43,000,000 shall be 

23 available for projects described in subsection (b)(2)(J). 

24 Such sums shall remain available until expended. 


pwalker on PROD1PC71 with BILLS
376 

•HR 1495 RH

1 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

2 amounts made available under paragraph (1), not 

3 more than $35,000,000 in any fiscal year may be 

4 used for land acquisition under subsection (b)(4). 

5 (3) INDIVIDUAL PROJECT LIMIT.—Other than for 

6 projects described in subparagraphs (B) and (J) of 

7 subsection (b)(2), the total cost of any single project 

8 carried out under this subsection shall not exceed 

9 $25,000,000. 

10 (4) MONITORING.—In addition to amounts au11 thorized under paragraph (1), there are authorized 

12 $10,420,000 per fiscal year to carry out the moni13 toring program under subsection (c) if such sums are 

14 not appropriated pursuant to section 1103(e)(4) the 

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

16 652(e)(4)). 

17 (g) IMPLEMENTATION REPORTS.— 

18 (1) IN GENERAL.—Not later than June 30, 2008, 

19 and every 4 years thereafter, the Secretary shall sub20 mit to the Committee on Environment and Public 

21 Works of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representa23 tives an implementation report that— 


pwalker on PROD1PC71 with BILLS
377 

•HR 1495 RH

1 (A) includes baselines, milestones, goals, 

2 and priorities for ecosystem restoration projects; 

3 and 

4 (B) measures the progress in meeting the 

5 goals. 

6 (2) ADVISORY PANEL.— 

7 (A) IN GENERAL.—The Secretary shall ap8 point and convene an advisory panel to provide 

9 independent guidance in the development of each 

10 implementation report under paragraph (1). 

11 (B) PANEL MEMBERS.—Panel members 

12 shall include— 

13 (i) one representative of each of the 

14 State resource agencies (or a designee of the 

15 Governor of the State) from each of the 

16 States of Illinois, Iowa, Minnesota, Mis17 souri, and Wisconsin; 

18 (ii) one representative of the Depart19 ment of Agriculture; 

20 (iii) one representative of the Depart21 ment of Transportation; 

22 (iv) one representative of the United 

23 States Geological Survey; 

24 (v) one representative of the United 

25 States Fish and Wildlife Service; 


pwalker on PROD1PC71 with BILLS
378 

•HR 1495 RH

1 (vi) one representative of the Environ2 mental Protection Agency; 

3 (vii) one representative of affected 

4 landowners; 

5 (viii) two representatives of conserva6 tion and environmental advocacy groups; 

7 and 

8 (ix) two representatives of agriculture 

9 and industry advocacy groups. 

10 (C) CHAIRPERSON.—The Secretary shall 

11 serve as chairperson of the advisory panel. 

12 (D) APPLICATION OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Advisory Panel and any 

14 working group established by the Advisory Panel 

15 shall not be considered an advisory committee 

16 under the Federal Advisory Committee Act (5 

17 U.S.C. App.). 

18 (h) RANKING SYSTEM.— 

19 (1) IN GENERAL.—The Secretary, in consultation 

20 with the Advisory Panel, shall develop a system to 

21 rank proposed projects. 

22 (2) PRIORITY.—The ranking system shall give 

23 greater weight to projects that restore natural river 

24 processes, including those projects listed in subsection 

25 (b)(2). 


pwalker on PROD1PC71 with BILLS
379 

•HR 1495 RH

1 SEC. 8005. COMPARABLE PROGRESS. 

2 (a) IN GENERAL.—As the Secretary conducts pre-engi3 neering, design, and construction for projects authorized 

4 under this title, the Secretary shall— 

5 (1) select appropriate milestones; 

6 (2) determine, at the time of such selection, 

7 whether the projects are being carried out at com8 parable rates; and 

9 (3) make an annual report to Congress, begin10 ning in fiscal year 2008, regarding whether the 

11 projects are being carried out at a comparable rate. 

12 (b) NO COMPARABLE RATE.—If the Secretary or Con13 gress determines under subsection (a)(2) that projects au14 thorized under this title are not moving toward completion 

15 at a comparable rate, annual funding requests for the 

16 projects shall be adjusted to ensure that the projects move 

17 toward completion at a comparable rate in the future. 


pwalker on PROD1PC71 with BILLS
Union Calendar No. 44 

110TH CONGRESS 

1ST SESSION H. R. 1495 

[Report No. 110

–80] 

A BILL 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecMARCH 29, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pwalker on PROD1PC71 with BILLS