II 

Calendar No. 128 

110TH CONGRESS 

1ST SESSION H. R. 1495 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2007 

Received 

APRIL 30, 2007 

Read twice and placed on the calendar 

AN ACT 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes. 

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.—This table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

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

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

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

TITLE II—GENERAL PROVISIONS 

Sec. 2001. Non-Federal contributions. 

Sec. 2002. Harbor cost sharing. 

Sec. 2003. Funding to process permits. 

Sec. 2004. National shoreline erosion control development and demonstration 

program. 

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

Sec. 2006. Aquatic ecosystem restoration. 

Sec. 2007. Small flood damage reduction projects. 

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

Sec. 2009. Written agreement for water resources projects. 

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

Sec. 2011. Compilation of laws. 

Sec. 2012. Dredged material disposal. 

Sec. 2013. Wetlands mitigation. 

Sec. 2014. Mitigation for fish and wildlife losses. 

Sec. 2015. Remote and subsistence harbors. 

Sec. 2016. Beneficial uses of dredged material. 

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

Sec. 2018. Use of other Federal funds. 

Sec. 2019. Revision of project partnership agreement. 

Sec. 2020. Cost sharing. 

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

Sec. 2022. Watershed and river basin assessments. 

Sec. 2023. Tribal partnership program. 

Sec. 2024. Wildfire firefighting. 

Sec. 2025. Technical assistance. 

Sec. 2026. Lakes program. 

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

Sec. 2028. Project streamlining. 

Sec. 2029. Cooperative agreements. 

Sec. 2030. Training funds. 

Sec. 2031. Access to water resource data. 

Sec. 2032. Shore protection projects. 

Sec. 2033. Ability to pay. 

Sec. 2034. Leasing authority. 

Sec. 2035. Cost estimates. 

Sec. 2036. Principles and guidelines. 

Sec. 2037. Independent peer review. 

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

Sec. 2039. Offshore oil and gas fabrication port. 


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Sec. 2040. Use of firms employing local residents. 

Sec. 2041. Support of Army Civil Works Program. 

Sec. 2042. Federal hopper dredges. 

Sec. 2043. Criteria for operation and maintenance of harbor dredging projects. 

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. 

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. 


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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. Rathbun Lake, Iowa. 

Sec. 3056. Prestonsburg, Kentucky. 

Sec. 3057. Amite River and tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3058. Atchafalaya Basin, Louisiana. 

Sec. 3059. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3060. Bayou Plaquemine, Louisiana. 

Sec. 3061. J. Bennett Johnston Waterway, Mississippi River to Shreveport, 

Louisiana. 

Sec. 3062. Melville, Louisiana. 

Sec. 3063. Mississippi Delta Region, Louisiana. 

Sec. 3064. New Orleans to Venice, Louisiana. 

Sec. 3065. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3066. Camp Ellis, Saco, Maine. 

Sec. 3067. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3068. St. Clair River and Lake St. Clair, Michigan. 

Sec. 3069. St. Joseph Harbor, Michigan. 

Sec. 3070. Sault Sainte Marie, Michigan. 

Sec. 3071. Ada, Minnesota. 

Sec. 3072. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3073. Grand Marais, Minnesota. 

Sec. 3074. Grand Portage Harbor, Minnesota. 

Sec. 3075. Granite Falls, Minnesota. 

Sec. 3076. Knife River Harbor, Minnesota. 

Sec. 3077. Red Lake River, Minnesota. 

Sec. 3078. Silver Bay, Minnesota. 

Sec. 3079. Taconite Harbor, Minnesota. 

Sec. 3080. Two Harbors, Minnesota. 

Sec. 3081. Deer Island, Harrison County, Mississippi. 

Sec. 3082. Pearl River Basin, Mississippi. 

Sec. 3083. Festus and Crystal City, Missouri. 

Sec. 3084. L–15 levee, Missouri. 

Sec. 3085. Monarch-Chesterfield, Missouri. 

Sec. 3086. River Des Peres, Missouri. 

Sec. 3087. Antelope Creek, Lincoln, Nebraska. 

Sec. 3088. Sand Creek Watershed, Wahoo, Nebraska. 

Sec. 3089. Western Sarpy and Clear Creek, Nebraska. 

Sec. 3090. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3091. Passaic River Basin flood management, New Jersey. 

Sec. 3092. Buffalo Harbor, New York. 

Sec. 3093. Orchard Beach, Bronx, New York. 

Sec. 3094. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3095. New York State Canal System. 

Sec. 3096. Lower Girard Lake Dam, Ohio. 

Sec. 3097. Mahoning River, Ohio. 

Sec. 3098. Delaware River, Pennsylvania, New Jersey, and Delaware. 


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Sec. 3099. Raystown Lake, Pennsylvania. 

Sec. 3100. Sheraden Park Stream and Chartiers Creek, Allegheny County, 

Pennsylvania. 

Sec. 3101. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3102. South Central Pennsylvania. 

Sec. 3103. Wyoming Valley, Pennsylvania. 

Sec. 3104. Cedar Bayou, Texas. 

Sec. 3105. Freeport Harbor, Texas. 

Sec. 3106. Lake Kemp, Texas. 

Sec. 3107. Lower Rio Grande Basin, Texas. 

Sec. 3108. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3109. Pat Mayse Lake, Texas. 

Sec. 3110. Proctor Lake, Texas. 

Sec. 3111. San Antonio Channel, San Antonio, Texas. 

Sec. 3112. Tangier Island Seawall, Virginia. 

Sec. 3113. Duwamish/Green, Washington. 

Sec. 3114. Yakima River, Port of Sunnyside, Washington. 

Sec. 3115. Bluestone Lake, Ohio River Basin, West Virginia. 

Sec. 3116. Greenbrier River Basin, West Virginia. 

Sec. 3117. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3118. Northern West Virginia. 

Sec. 3119. Manitowoc Harbor, Wisconsin. 

Sec. 3120. Mississippi River headwaters reservoirs. 

Sec. 3121. Continuation of project authorizations. 

Sec. 3122. Project reauthorizations. 

Sec. 3123. Project deauthorizations. 

Sec. 3124. Land conveyances. 

Sec. 3125. 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. Aliso Creek, California. 

Sec. 4012. Elkhorn Slough Estuary, California. 

Sec. 4013. Fresno, Kings, and Kern Counties, California. 

Sec. 4014. Los Angeles River revitalization study, California. 

Sec. 4015. Lytle Creek, Rialto, California. 

Sec. 4016. Mokelumne River, San Joaquin County, California. 

Sec. 4017. Napa River, St. Helena, California. 

Sec. 4018. Orick, California. 

Sec. 4019. Rialto, Fontana, and Colton, California. 

Sec. 4020. Sacramento River, California. 

Sec. 4021. San Diego County, California. 

Sec. 4022. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4023. South San Francisco Bay shoreline study, California. 

Sec. 4024. Twentynine Palms, California. 


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Sec. 4025. Yucca Valley, California. 

Sec. 4026. Roaring Fork River, Basalt, Colorado. 

Sec. 4027. Delaware and Christina Rivers and Shellpot Creek, Wilmington, 

Delaware. 

Sec. 4028. Collier County Beaches, Florida. 

Sec. 4029. Lower St. Johns River, Florida. 

Sec. 4030. Vanderbilt Beach Lagoon, Florida. 

Sec. 4031. Meriwether County, Georgia. 

Sec. 4032. Tybee Island, Georgia. 

Sec. 4033. Boise River, Idaho. 

Sec. 4034. Ballard’s Island Side Channel, Illinois. 

Sec. 4035. Salem, Indiana. 

Sec. 4036. Buckhorn Lake, Kentucky. 

Sec. 4037. Dewey Lake, Kentucky. 

Sec. 4038. Louisville, Kentucky. 

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. 

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. 


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Sec. 4079. Port of Galveston, Texas. 

Sec. 4080. Grand County and Moab, Utah. 

Sec. 4081. Southwestern Utah. 

Sec. 4082. Chowan River Basin, Virginia and North Carolina. 

Sec. 4083. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4084. Monongahela River Basin, northern West Virginia. 

Sec. 4085. Kenosha Harbor, Wisconsin. 

Sec. 4086. Wauwatosa, Wisconsin. 

Sec. 4087. 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. Great lakes pilot project. 

Sec. 5017. Saint Lawrence Seaway. 

Sec. 5018. Upper Mississippi River dispersal barrier project. 

Sec. 5019. Susquehanna, Delaware, and Potomac River Basins, Delaware, 

Maryland, Pennsylvania, and Virginia. 

Sec. 5020. Chesapeake Bay environmental restoration and protection program. 

Sec. 5021. Hypoxia assessment. 

Sec. 5022. Potomac River watershed assessment and tributary strategy evaluation and monitoring program. 

Sec. 5023. Lock and dam security. 

Sec. 5024. Rehabilitation. 

Sec. 5025. Research and development program for Columbia and Snake River 

salmon survival. 

Sec. 5026. Auburn, Alabama. 

Sec. 5027. Pinhook Creek, Huntsville, Alabama. 

Sec. 5028. Alaska. 

Sec. 5029. Barrow, Alaska. 

Sec. 5030. Coffman Cove, Alaska. 

Sec. 5031. Fire Island, Alaska. 

Sec. 5032. Fort Yukon, Alaska. 

Sec. 5033. Kotzebue Harbor, Alaska. 

Sec. 5034. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5035. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5036. Tanana River, Alaska. 

Sec. 5037. Valdez, Alaska. 

Sec. 5038. Whittier, Alaska. 

Sec. 5039. Wrangell Harbor, Alaska. 


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Sec. 5040. Augusta and Clarendon, Arkansas. 

Sec. 5041. Des Arc levee protection, Arkansas. 

Sec. 5042. Loomis Landing, Arkansas. 

Sec. 5043. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5044. Cambria, California. 

Sec. 5045. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5046. Dana Point Harbor, California. 

Sec. 5047. East San Joaquin County, California. 

Sec. 5048. Eastern Santa Clara basin, California. 

Sec. 5049. Lancaster, California. 

Sec. 5050. Los Osos, California. 

Sec. 5051. Pine Flat Dam and Reservoir, California. 

Sec. 5052. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, 

California. 

Sec. 5053. San Francisco, California. 

Sec. 5054. San Francisco, California, waterfront area. 

Sec. 5055. San Pablo Bay, California, watershed and Suisun Marsh ecosystem 

restoration. 

Sec. 5056. Stockton, California. 

Sec. 5057. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5058. Florida Keys water quality improvements. 

Sec. 5059. Lake Worth, Florida. 

Sec. 5060. East Central and Northeast Florida. 

Sec. 5061. Lake Lanier, Georgia. 

Sec. 5062. Riley Creek Recreation Area, Idaho. 

Sec. 5063. Reconstruction of Illinois flood protection projects. 

Sec. 5064. Illinois River Basin restoration. 

Sec. 5065. Kaskaskia River Basin, Illinois, restoration. 

Sec. 5066. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5067. Promontory Point, Lake Michigan, Illinois. 

Sec. 5068. Southwest Illinois. 

Sec. 5069. Burns Waterway Harbor, Indiana. 

Sec. 5070. Calumet region, Indiana. 

Sec. 5071. Floodplain mapping, Missouri River, Iowa. 

Sec. 5072. Paducah, Kentucky. 

Sec. 5073. Southern and eastern Kentucky. 

Sec. 5074. Winchester, Kentucky. 

Sec. 5075. Baton Rouge, Louisiana. 

Sec. 5076. Calcasieu Ship Channel, Louisiana. 

Sec. 5077. East Atchafalaya Basin and Amite River Basin Region, Louisiana. 

Sec. 5078. West Baton Rouge Parish, Louisiana. 

Sec. 5079. Charlestown, Maryland. 

Sec. 5080. Anacostia River, District of Columbia and Maryland. 

Sec. 5081. Delmarva Conservation Corridor, Delaware and Maryland. 

Sec. 5082. Massachusetts dredged material disposal sites. 

Sec. 5083. Ontonagon Harbor, Michigan. 

Sec. 5084. Crookston, Minnesota. 

Sec. 5085. Garrison and Kathio Township, Minnesota. 

Sec. 5086. Itasca County, Minnesota. 

Sec. 5087. Minneapolis, Minnesota. 

Sec. 5088. Northeastern Minnesota. 

Sec. 5089. Wild Rice River, Minnesota. 

Sec. 5090. Harrison, Hancock, and Jackson Counties, Mississippi. 


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Sec. 5091. Mississippi River, Missouri and Illinois. 

Sec. 5092. St. Louis, Missouri. 

Sec. 5093. Hackensack Meadowlands area, New Jersey. 

Sec. 5094. Atlantic Coast of New York. 

Sec. 5095. College Point, New York City, New York. 

Sec. 5096. Flushing Bay and Creek, New York City, New York. 

Sec. 5097. Hudson River, New York. 

Sec. 5098. Mount Morris Dam, New York. 

Sec. 5099. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5100. Stanly County, North Carolina. 

Sec. 5101. Cincinnati, Ohio. 

Sec. 5102. Toussaint River, Ohio. 

Sec. 5103. Eugene, Oregon. 

Sec. 5104. Fern Ridge Dam, Oregon. 

Sec. 5105. Allegheny County, Pennsylvania. 

Sec. 5106. Clinton county, Pennsylvania. 

Sec. 5107. Kehly Run Dams, Pennsylvania. 

Sec. 5108. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5109. Northeast Pennsylvania. 

Sec. 5110. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5111. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5112. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial wildlife habitat restoration, South Dakota. 

Sec. 5113. East Tennessee. 

Sec. 5114. Fritz Landing, Tennessee. 

Sec. 5115. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5116. Town Creek, Lenoir City, Tennessee. 

Sec. 5117. Tennessee River partnership. 

Sec. 5118. Upper Mississippi embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5119. Bosque River Watershed, Texas. 

Sec. 5120. Dallas County region, Texas. 

Sec. 5121. Dallas Floodway, Dallas Texas. 

Sec. 5122. Harris County, Texas. 

Sec. 5123. Johnson Creek, Arlington, Texas. 

Sec. 5124. Onion Creek, Texas. 

Sec. 5125. Eastern Shore and southwest Virginia. 

Sec. 5126. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5127. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5128. Hamilton Island campground, Washington. 

Sec. 5129. Puget Island, Washington. 

Sec. 5130. Willapa Bay, Washington. 

Sec. 5131. West Virginia and Pennsylvania flood control. 

Sec. 5132. Central West Virginia. 

Sec. 5133. Southern West Virginia. 

Sec. 5134. Construction of flood control projects by non-Federal interests. 

Sec. 5135. Wage surveys. 

Sec. 5136. Additional assistance for critical projects. 

TITLE VI—FLORIDA EVERGLADES 

Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6002. Pilot projects. 

Sec. 6003. Initial projects. 

Sec. 6004. Maximum costs. 


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Sec. 6005. Project authorization. 

Sec. 6006. Credit. 

Sec. 6007. Outreach and assistance. 

Sec. 6008. Critical restoration projects. 

Sec. 6009. Modified water deliveries. 

Sec. 6010. Deauthorizations. 

Sec. 6011. Regional engineering model for environmental restoration. 

TITLE VII—LOUISIANA COASTAL AREA 

Sec. 7001. Definitions. 

Sec. 7002. Comprehensive plan. 

Sec. 7003. Louisiana coastal area. 

Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task 

Force. 

Sec. 7005. Project modifications. 

Sec. 7006. Construction. 

Sec. 7007. Non-Federal cost share. 

Sec. 7008. Project justification. 

Sec. 7009. Independent review. 

Sec. 7010. Expedited reports. 

Sec. 7011. Reporting. 

Sec. 7012. New Orleans and vicinity. 

Sec. 7013. Mississippi River Gulf Outlet. 

TITLE VIII—UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM 

Sec. 8001. Definitions. 

Sec. 8002. Navigation improvements and restoration. 

Sec. 8003. Authorization of construction of navigation improvements. 

Sec. 8004. Ecosystem restoration authorization. 

Sec. 8005. Comparable progress. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

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 


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1 plans, and subject to the conditions, described in the re2 spective reports designated in this section: 

3 (1) HAINES, ALASKA.—The project for naviga4 tion, Haines, Alaska: Report of the Chief of Engi5 neers dated December 20, 2004, at a total cost of 

6 $14,040,000, with an estimated Federal cost of 

7 $11,232,000 and an estimated non-Federal cost of 

8 $2,808,000. 

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

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

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

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

13 $7,624,000 and an estimated non-Federal cost of 

14 $1,906,000. 

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

16 for environmental restoration, Rio Salado Oeste, Ari17 zona: Report of the Chief of Engineers dated De18 cember 19, 2006, at a total cost of $166,650,000, 

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

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

21 (4) SANTA CRUZ RIVER, PASEO DE LAS

22 IGLESIAS, ARIZONA.—The project for environmental 

23 restoration, Santa Cruz River, Pima County, Ari24 zona: Report of the Chief of Engineers dated March 

25 28, 2006, at a total cost of $97,700,000, with an esVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 timated Federal cost of $63,300,000 and an esti2 mated non-Federal cost of $34,400,000. 

3 (5) TANQUE VERDE CREEK, PIMA COUNTY, ARI4 ZONA.—The project for environmental restoration, 

5 Tanque Verde Creek, Pima County, Arizona: Report 

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

7 a total cost of $5,906,000, with an estimated Fed8 eral cost of $3,836,000 and an estimated non-Fed9 eral cost of $2,070,000. 

10 (6) SALT RIVER (VA SHLYAY’ AKIMEL), MARI11 COPA COUNTY, ARIZONA.—The project for environ12 mental restoration, Salt River (Va Shlyay’ Akimel), 

13 Arizona: Report of the Chief of Engineers dated 

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

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

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

17 (7) MAY BRANCH, FORT SMITH, ARKANSAS.— 

18 The project for flood damage reduction, May 

19 Branch, Fort Smith, Arkansas, Report of the Chief 

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

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

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

23 of $15,840,000. 

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

25 for flood damage reduction and environmental resVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 toration, Hamilton City, California: Report of the 

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

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

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

5 of $18,300,000. 

6 (9) IMPERIAL BEACH, CALIFORNIA.—The 

7 project for storm damage reduction, Imperial Beach, 

8 California: Report of the Chief of Engineers dated 

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

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

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

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

13 beach nourishment over the 50-year life of the 

14 project, with an estimated Federal cost of 

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

16 $21,250,000. 

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

19 Matilija Dam, Ventura County, California: Report of 

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

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

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


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1 and environmental restoration, Middle Creek, Lake 

2 County, California: Report of the Chief of Engineers 

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

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

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

6 $15,700,000. 

7 (12) NAPA RIVER SALT MARSH RESTORATION, 

8 CALIFORNIA.— 

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

11 Restoration, Napa, California: Report of the 

12 Chief of Engineers dated December 22, 2004, 

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

16 (B) ADMINISTRATION.—In carrying out 

17 the project authorized by this paragraph, the 

18 Secretary shall— 

19 (i) construct a recycled water pipeline 

20 extending from the Sonoma Valley County 

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

24 project; and 


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1 (ii) restore or enhance Salt Ponds 1, 

2 1A, 2, and 3. 

3 (13) DENVER COUNTY REACH, SOUTH PLATTE

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

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

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

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

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

10 $7,370,000. 

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

12 FLORIDA.— 

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

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

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

18 and an estimated non-Federal cost of 

19 $50,130,000. 

20 (B) GENERAL REEVALUATION REPORT.— 

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

24 subparagraph (A) shall be the same percentage 


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1 as the non-Federal share of cost of construction 

2 of the project. 

3 (C) AGREEMENT.—The Secretary shall 

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

6 by subparagraph (B). 

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

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

10 Report of the Chief of Engineers dated December 

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

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

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

16 Peoria Riverfront Development, Illinois: Report of 

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

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

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

20 cost of $6,380,000. 

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

23 project for flood damage reduction, Wood River 

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


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

4 (18) DES MOINES AND RACCOON RIVERS, DES

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

7 Moines, Iowa: Report of the Chief of Engineers 

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

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

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

11 $3,813,000. 

12 (19) LICKING RIVER BASIN, CYNTHIANA, KEN13 TUCKY.—The project for flood damage reduction, 

14 Licking River Basin, Cynthiana, Kentucky: Report 

15 of the Chief of Engineers dated October 24, 2006, 

16 at a total cost of $18,200,000, with an estimated 

17 Federal cost of $11,830,000 and an estimated non18 Federal cost of $6,370,000. 

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

20 project for navigation, Bayou Sorrel Lock, Lou21 isiana: Report of the Chief of Engineers dated Janu22 ary 3, 2005, at a total cost of $9,680,000. The costs 

of construction of the project are to be paid 1 23 ⁄2 from 

24 amounts appropriated from the general fund of the 


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Treasury and 1 1 ⁄2 from amounts appropriated from 

2 the Inland Waterways Trust Fund. 

3 (21) MORGANZA TO THE GULF OF MEXICO, 

4 LOUISIANA.— 

5 (A) IN GENERAL.—The project for hurri6 cane and storm damage reduction, Morganza to 

7 the Gulf of Mexico, Louisiana: Reports of the 

8 Chief of Engineers dated August 23, 2002, and 

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

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

11 and an estimated non-Federal cost of 

12 $310,345,000. 

13 (B) CREDIT.—The Secretary shall credit 

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

15 project the cost of design and construction work 

16 carried out by the non-Federal interest before 

17 the date of the partnership agreement for the 

18 project if the Secretary determines that the 

19 work is integral to the project. 

20 (C) OPERATION AND MAINTENANCE.—The 

21 operation, maintenance, repair, rehabilitation, 

22 and replacement of the Houma Navigation 

23 Canal lock complex and the Gulf Intracoastal 

24 Waterway floodgate features that provide for 

25 inland waterway transportation shall be a FedVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 eral responsibility in accordance with section 

2 102 of the Water Resources Development Act 

3 of 1986 (33 U.S.C. 2212). 

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

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

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

7 a total cost of $131,250,000, with an estimated Fed8 eral cost of $105,315,000 and an estimated non9 Federal cost of $25,935,000. 

10 (23) SMITH ISLAND, SOMERSET COUNTY, MARY11 LAND.—The project for environmental restoration, 

12 Smith Island, Somerset County, Maryland: Report 

13 of the Chief of Engineers dated October 29, 2001, 

14 at a total cost of $15,580,000, with an estimated 

15 Federal cost of $10,127,000 and an estimated non16 Federal cost of $5,453,000. 

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

18 The project for flood damage reduction, Roseau 

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

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

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

22 $13,820,000 and an estimated non-Federal cost of 

23 $11,280,000. 

24 (25) MISSISSIPPI COASTAL, MISSISSIPPI.—The 

25 project for hurricane and storm damage reduction 


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1 and environmental restoration, Mississippi Coastal, 

2 Mississippi, Report of the Chief of Engineers dated 

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

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

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

6 (26) KANSAS CITYS LEVEES, MISSOURI AND

7 KANSAS.—The project for flood damage reduction, 

8 Kansas Citys levees, Missouri and Kansas, Report of 

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

10 a total cost of $65,430,000, with an estimated Fed11 eral cost of $42,530,000 and an estimated non-Fed12 eral cost of $22,900,000. 

13 (27) SWOPE PARK INDUSTRIAL AREA, BLUE

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

15 flood damage reduction, Swope Park Industrial 

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

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

18 a total cost of $16,980,000, with an estimated Fed19 eral cost of $11,037,000 and an estimated non-Fed20 eral cost of $5,943,000. 

21 (28) GREAT EGG HARBOR INLET TO TOWN22 SENDS INLET, NEW JERSEY.—The project for hurri23 cane and storm damage reduction, Great Egg Har24 bor Inlet to Townsends Inlet, New Jersey: Report of 

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


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1 a total cost of $54,360,000, with an estimated Fed2 eral cost of $35,069,000 and an estimated non-Fed3 eral cost of $19,291,000, and at an estimated total 

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

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

6 Federal cost of $101,250,000 and an estimated non7 Federal cost of $101,250,000. 

8 (29) HUDSON RARITAN ESTUARY, LIBERTY

9 STATE PARK, NEW JERSEY.— 

10 (A) IN GENERAL.—The project for envi11 ronmental restoration, Hudson Raritan Estu12 ary, Liberty State Park, New Jersey: Report of 

13 the Chief of Engineers dated August 25, 2006, 

14 at a total cost of $34,100,000, with an esti15 mated Federal cost of $22,200,000 and an esti16 mated non-Federal cost of $11,900,000. 

17 (B) RESTORATION TEAMS.—In carrying 

18 out the project, the Secretary shall establish 

19 and utilize watershed restoration teams com20 posed of estuary restoration experts from the 

21 Corps of Engineers, the New Jersey department 

22 of environmental protection, and the Port Au23 thority of New York and New Jersey and other 

24 experts designated by the Secretary for the purVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 pose of developing habitat restoration and water 

2 quality enhancement. 

3 (30) MANASQUAN INLET TO BARNEGAT INLET, 

4 NEW JERSEY.—The project for hurricane and storm 

5 damage reduction, Manasquan Inlet to Barnegat 

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

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

8 $71,900,000, with an estimated Federal cost of 

9 $46,735,000 and an estimated non-Federal cost of 

10 $25,165,000, and at an estimated total cost of 

11 $119,680,000 for periodic beach nourishment over 

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

13 Federal cost of $59,840,000 and an estimated non14 Federal cost of $59,840,000. 

15 (31) RARITAN BAY AND SANDY HOOK BAY, 

16 UNION BEACH, NEW JERSEY.—The project for hurri17 cane and storm damage reduction, Raritan Bay and 

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

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

20 a total cost of $115,000,000, with an estimated Fed21 eral cost of $74,800,000 and an estimated non-Fed22 eral cost of $40,200,000, and at an estimated total 

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

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


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

2 cost of $3,250,000. 

3 (32) SOUTH RIVER, RARITAN RIVER BASIN, 

4 NEW JERSEY.—The project for hurricane and storm 

5 damage reduction and environmental restoration, 

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

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

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

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

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

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

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

18 (34) MONTAUK POINT, NEW YORK.—The 

19 project for hurricane and storm damage reduction, 

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

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

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

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

24 $7,300,000. 


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

4 Ohio: Report of the Chief of Engineers dated August 

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

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

10 reduction, town of Bloomsburg, Columbia County, 

11 Pennsylvania: Report of the Chief of Engineers 

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

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

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

15 $15,575,000. 

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

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

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

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

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

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

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

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


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

2 cost of $10,600,000. 

3 (38) CORPUS CHRISTI SHIP CHANNEL, CORPUS

4 CHRISTI, TEXAS.—The project for navigation and 

5 ecosystem restoration, Corpus Christi Ship Channel, 

6 Texas: Report of the Chief of Engineers dated June 

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

10 (39) GULF INTRACOASTAL WATERWAY, 

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

12 for navigation, Gulf Intracoastal Waterway, 

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

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

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

of the project are to be paid 1 16 ⁄2 from amounts appro17 priated from the general fund of the Treasury and 

1 18 ⁄2 from amounts appropriated from the Inland Wa19 terways Trust Fund. 

20 (40) GULF INTRACOASTAL WATERWAY, HIGH

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

22 navigation, Gulf Intracoastal Waterway, High Island 

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

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


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

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

3 amounts appropriated from the Inland Waterways 

4 Trust Fund. 

5 (41) LOWER COLORADO RIVER BASIN PHASE I, 

6 TEXAS.—The project for flood damage reduction and 

7 environmental restoration, Lower Colorado River 

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

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

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

12 $41,090,000. 

13 (42) RIVERSIDE OXBOW, TEXAS.—The project 

14 for environmental restoration, Riverside Oxbow, 

15 Texas: Report of the Chief of Engineers, dated May 

16 29, 2003, at a total cost of $27,110,000, with an es17 timated Federal cost of $11,210,000 and an esti18 mated non-Federal cost of $15,900,000. 

19 (43) ATLANTIC INTRACOASTAL WATERWAY

20 BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE, 

21 VIRGINIA.—The project for Atlantic Intracoastal 

22 Waterway Bridge Replacement, Deep Creek, Chesa23 peake, Virginia: Report of the Chief of Engineers 

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


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1 (44) CRANEY ISLAND EASTWARD EXPANSION, 

2 NORFOLK HARBOR AND CHANNELS, VIRGINIA.—The 

3 project for navigation, Craney Island Eastward Ex4 pansion, Norfolk Harbor and Channels, Virginia: 

5 Report of Chief of Engineers dated October 24, 

6 2006, at a total cost of $712,103,000, with an esti7 mated Federal cost of $31,229,000 and an esti8 mated non-Federal cost of $680,874,000. 

9 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC10 TION. 

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

12 study for each of the following projects and, if the Sec13 retary determines that a project is feasible, may carry out 

14 the project under section 205 of the Flood Control Act 

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

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

17 damage reduction, Haleyville, Alabama. 

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

19 damage reduction, Weiss Lake, Alabama. 

20 (3) LITTLE COLORADO RIVER LEVEE, ARI21 ZONA.—Project for flood damage reduction, Little 

22 Colorado River Levee, Arizona. 

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

24 Project for flood damage reduction, Cache River 

25 Basin, Grubbs, Arkansas. 


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1 (5) BARREL SPRINGS WASH, PALMDALE, CALI2 FORNIA.—Project for flood damage reduction, Barrel 

3 Springs Wash, Palmdale, California. 

4 (6) BORREGO SPRINGS, CALIFORNIA.—Project 

5 for flood damage reduction, Borrego Springs, Cali6 fornia. 

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

8 damage reduction, Colton, California. 

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

10 Project for flood damage reduction, Dunlap Stream, 

11 Yucaipa, California. 

12 (9) HUNTS CANYON WASH, PALMDALE, CALI13 FORNIA.—Project for flood damage reduction, Hunts 

14 Canyon Wash, Palmdale, California. 

15 (10) ONTARIO AND CHINO, CALIFORNIA.— 

16 Project for flood damage reduction, Ontario and 

17 Chino, California. 

18 (11) SANTA VENETIA, CALIFORNIA.—Project 

19 for flood damage reduction, Santa Venetia, Cali20 fornia. 

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

22 damage reduction, Whittier, California. 

23 (13) WILDWOOD CREEK, YUCAIPA, CALI24 FORNIA.—Project for flood damage reduction, Wild25 wood Creek, Yucaipa, California. 


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1 (14) ST. FRANCISVILLE, LOUSIANA.—Project 

2 for flood damage reduction, St. Francisville, Lou3 isiana. 

4 (15) SALEM, MASSACHUSETTS.—Project for 

5 flood damage reduction, Salem, Massachusetts. 

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

7 damage reduction, Cass River, Vassar and vicinity, 

8 Michigan. 

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

10 Project for flood damage reduction, Crow River, 

11 Rockford, Minnesota. 

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

13 flood damage reduction, Marsh Creek, Minnesota. 

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

15 BORUP, MINNESOTA.—Project for flood damage re16 duction, South Branch of the Wild Rice River, 

17 Borup, Minnesota. 

18 (20) BLACKSNAKE CREEK, ST. JOSEPH, MIS19 SOURI.—Project for flood damage reduction, Black20 snake Creek, St. Joseph, Missouri. 

21 (21) ACID BROOK, POMPTON LAKES, NEW JER22 SEY.—Project for flood damage reduction, Acid 

23 Brook, Pompton Lakes, New Jersey. 


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1 (22) CANNISTEO RIVER, ADDISON, NEW

2 YORK.—Project for flood damage reduction, 

3 Cannisteo River, Addison, New York. 

4 (23) COHOCTON RIVER, CAMPBELL, NEW

5 YORK.—Project for flood damage reduction, 

6 Cohocton River, Campbell, New York. 

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

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

9 Otter Creeks, Cortland, New York. 

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

11 CITY, NEW YORK.—Project for flood damage reduc12 tion, East River, Silver Beach, New York City, New 

13 York. 

14 (26) EAST VALLEY CREEK, ANDOVER, NEW

15 YORK.—Project for flood damage reduction, East 

16 Valley Creek, Andover, New York. 

17 (27) SUNNYSIDE BROOK, WESTCHESTER COUN18 TY, NEW YORK.—Project for flood damage reduction, 

19 Sunnyside Brook, Westchester County, New York. 

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

21 flood damage reduction, Little Yankee Run, Ohio. 

22 (29) LITTLE NESHAMINY CREEK, WARRENTON, 

23 PENNSYLVANIA.—Project for flood damage reduc24 tion, Little Neshaminy Creek, Warrenton, Pennsyl25 vania. 


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1 (30) SOUTHAMPTON CREEK WATERSHED, 

2 SOUTHAMPTON, PENNSYLVANIA.—Project for flood 

3 damage reduction, Southampton Creek watershed, 

4 Southampton, Pennsylvania. 

5 (31) SPRING CREEK, LOWER MACUNGIE TOWN6 SHIP, PENNSYLVANIA.—Project for flood damage re7 duction, Spring Creek, Lower Macungie Township, 

8 Pennsylvania. 

9 (32) YARDLEY AQUEDUCT, SILVER AND BROCK

10 CREEKS, YARDLEY, PENNSYLVANIA.—Project for 

11 flood damage reduction, Yardley Aqueduct, Silver 

12 and Brock Creeks, Yardley, Pennsylvania. 

13 (33) SURFSIDE BEACH, SOUTH CAROLINA.— 

14 Project for flood damage reduction, Surfside Beach 

15 and vicinity, South Carolina. 

16 (34) CONGELOSI DITCH, MISSOURI CITY, 

17 TEXAS.—Project for flood damage reduction, 

18 Congelosi Ditch, Missouri City, Texas. 

19 (35) DILLEY, TEXAS.—Project for flood dam20 age reduction, Dilley, Texas. 

21 (b) SPECIAL RULES.— 

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

23 The Secretary may proceed with the project for the 

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

25 subsection (a), notwithstanding that the project is 


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1 located within the boundaries of the flood control 

2 project, Cache River Basin, Arkansas and Missouri, 

3 authorized by section 204 of the Flood Control Act 

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

5 of the Water Resources Development Act of 1974 

6 (88 Stat. 41). 

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

8 Secretary shall carry out the project for flood dam9 age reduction, Ontario and Chino, California, re10 ferred to in subsection (a) if the Secretary deter11 mines that the project is feasible. 

12 (3) SANTA VENETIA, CALIFORNIA.—The Sec13 retary shall carry out the project for flood damage 

14 reduction, Santa Venetia, California, referred to in 

15 subsection (a) if the Secretary determines that the 

16 project is feasible and shall allow the non-Federal in17 terest to participate in the financing of the project 

18 in accordance with section 903(c) of the Water Re19 sources Development Act of 1986 (100 Stat. 4184) 

20 to the extent that the Secretary’s evaluation indi21 cates that applying such section is necessary to im22 plement the project. 

23 (4) WHITTIER, CALIFORNIA.—The Secretary 

24 shall carry out the project for flood damage reduc25 tion, Whittier, California, referred to in subsection 


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

2 feasible. 

3 (5) WILDWOOD CREEK, YUCAIPA, CALI4 FORNIA.—The Secretary shall review the locally pre5 pared plan for the project for flood damage, Wild6 wood Creek, California, referred to in subsection (a) 

7 and, if the Secretary determines that the plan meets 

8 the evaluation and design standards of the Corps of 

9 Engineers and that the plan is feasible, the Sec10 retary may use the plan to carry out the project and 

11 shall provide credit toward the non-Federal share of 

12 the cost of the project for the cost of work carried 

13 out by the non-Federal interest before the date of 

14 the partnership agreement for the project if the Sec15 retary determines that the work is integral to the 

16 project. 

17 (6) 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 Fed23 eral interest in the project and shall allow the non24 Federal interest to participate in the financing of 

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


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1 Water Resources Development Act of 1986 (100 

2 Stat. 4184) to the extent that the Secretary’s eval3 uation indicates that applying such section is nec4 essary to implement the project. 

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

7 flood damage reduction, Acid Brook, Pompton 

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

9 the Secretary determines that the project is feasible. 

10 (8) 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 

18 a project is feasible, may carry out the project under sec19 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 

20 701r): 

21 (1) ALISO CREEK, CALIFORNIA.—Projects for 

22 emergency streambank protection, Aliso Creek, Cali23 fornia. 

24 (2) ST. JOHNS BLUFF TRAINING WALL, DUVAL

25 COUNTY, FLORIDA.—Project for emergency 


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1 streambank protection, St. Johns Bluff Training 

2 Wall, Duval County, Florida. 

3 (3) GULF INTRACOASTAL WATERWAY, 

4 IBERVILLE PARISH, LOUISIANA.—Projects for emer5 gency streambank restoration, Gulf Intracoastal Wa6 terway, Iberville Parish, Louisiana. 

7 (4) OUACHITA AND BLACK RIVERS, ARKANSAS

8 AND LOUISIANA.—Projects for emergency 

9 streambank protection, Ouachita and Black Rivers, 

10 Arkansas and Louisiana. 

11 (5) PINEY POINT LIGHTHOUSE, ST. MARY’S

12 COUNTY, MARYLAND.—Project for emergency 

13 streambank protection, Piney Point Lighthouse, St. 

14 Mary’s County, Maryland. 

15 (6) PUG HOLE LAKE, MINNESOTA.—Project for 

16 emergency streambank protection, Pug Hole Lake, 

17 Minnesota. 

18 (7) MIDDLE FORK GRAND RIVER, GENTRY

19 COUNTY, MISSOURI.—Project for emergency 

20 streambank protection, Middle Fork Grand River, 

21 Gentry County, Missouri. 

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

23 Project for emergency streambank protection, Platte 

24 River, Platte City, Missouri. 


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1 (9) RUSH CREEK, PARKVILLE, MISSOURI.— 

2 Project for emergency streambank protection, Rush 

3 Creek, Parkville, Missouri, including measures to ad4 dress degradation of the creek bed. 

5 (10) DRY AND OTTER CREEKS, CORTLAND

6 COUNTY, NEW YORK.—Project for emergency 

7 streambank protection, Dry and Otter Creeks, 

8 Cortland County, New York. 

9 (11) KEUKA LAKE, HAMMONDSPORT, NEW

10 YORK.—Project for emergency streambank protec11 tion, Keuka Lake, Hammondsport, New York. 

12 (12) KOWAWESE UNIQUE AREA AND HUDSON

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

14 emergency streambank protection, Kowawese Unique 

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

16 (13) OWEGO CREEK, TIOGA COUNTY, NEW

17 YORK.—Project for emergency streambank protec18 tion, Owego Creek, Tioga County, New York. 

19 (14) HOWARD ROAD OUTFALL, SHELBY COUN20 TY, TENNESSEE.—Project for emergency 

21 streambank protection, Howard Road outfall, Shelby 

22 County, Tennessee. 

23 (15) MITCH FARM DITCH AND LATERAL D, 

24 SHELBY COUNTY, TENNESSEE.—Project for emerVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 gency streambank protection, Mitch Farm Ditch and 

2 Lateral D, Shelby County, Tennessee. 

3 (16) WOLF RIVER TRIBUTARIES, SHELBY COUN4 TY, TENNESSEE.—Project for emergency 

5 streambank protection, Wolf River tributaries, Shel6 by County, Tennessee. 

7 (17) JOHNSON CREEK, ARLINGTON, TEXAS.— 

8 Project for emergency streambank protection, John9 son Creek, Arlington, Texas. 

10 (18) WELLS RIVER, NEWBURY, VERMONT.— 

11 Project for emergency streambank protection, Wells 

12 River, Newbury, Vermont. 

13 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

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

15 study for each of the following projects and, if the Sec16 retary determines that a project is feasible, may carry out 

17 the project under section 107 of the River and Harbor 

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

19 (1) MISSISSIPPI RIVER SHIP CHANNEL, LOU20 ISIANA.—Project for navigation, Mississippi River 

21 Ship Channel, Louisiana. 

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

23 MASSACHUSETTS.—Project for navigation, East 

24 Basin, Cape Cod Canal, Sandwich, Massachusetts. 


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

2 Project for navigation, Lynn Harbor, Lynn, Massa3 chusetts. 

4 (4) MERRIMACK RIVER, HAVERHILL, MASSA5 CHUSETTS.—Project for navigation, Merrimack 

6 River, Haverhill, Massachusetts. 

7 (5) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA8 CHUSETTS.—Project for navigation, Oak Bluffs 

9 Harbor, Oak Bluffs, Massachusetts. 

10 (6) WOODS HOLE GREAT HARBOR, FALMOUTH, 

11 MASSACHUSETTS.—Project for navigation, Woods 

12 Hole Great Harbor, Falmouth, Massachusetts. 

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

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

15 Michigan. 

16 (8) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

17 MICHIGAN.—Project for navigation, Traverse City 

18 Harbor, Traverse City, Michigan. 

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

20 Project for navigation, Tower Harbor, Tower, Min21 nesota. 

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

23 Project for navigation, Olcott Harbor, Olcott, New 

24 York. 

25 (b) SPECIAL RULES.— 


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1 (1) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

2 MICHIGAN.—The Secretary shall review the locally 

3 prepared plan for the project for navigation, Tra4 verse City Harbor, Michigan, referred to in sub5 section (a), and, if the Secretary determines that the 

6 plan meets the evaluation and design standards of 

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

8 the Secretary may use the plan to carry out the 

9 project and shall provide credit toward the non-Fed10 eral share of the cost of the project for the cost of 

11 work carried out by the non-Federal interest before 

12 the date of the partnership agreement for the 

13 project if the Secretary determines that the work is 

14 integral to the project. 

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

16 Secretary shall carry out the project for navigation, 

17 Tower Harbor, Tower, Minnesota, referred to in 

18 subsection (a) if the Secretary determines that the 

19 project is feasible. 

20 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

21 QUALITY OF THE ENVIRONMENT. 

22 The Secretary shall conduct a study for each of the 

23 following projects and, if the Secretary determines that 

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


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1 section 1135 of the Water Resources Development Act of 

2 1986 (33 U.S.C. 2309a): 

3 (1) BALLONA CREEK, LOS ANGELES COUNTY, 

4 CALIFORNIA.—Project for improvement of the qual5 ity of the environment, Ballona Creek, Los Angeles 

6 County, California. 

7 (2) BALLONA LAGOON TIDE GATES, MARINA

8 DEL REY, CALIFORNIA.—Project for improvement of 

9 the quality of the environment, Ballona Lagoon Tide 

10 Gates, Marina Del Rey, California. 

11 (3) FT. GEORGE INLET, DUVAL COUNTY, FLOR12 IDA.—Project for improvement of the quality of the 

13 environment, Ft. George Inlet, Duval County, Flor14 ida. 

15 (4) RATHBUN LAKE, IOWA.—Project for im16 provement of the quality of the environment, 

17 Rathbun Lake, Iowa. 

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

19 improvement of the quality of the environment, 

20 Smithville Lake, Missouri. 

21 (6) DELAWARE BAY, NEW JERSEY AND DELA22 WARE.—Project for improvement of the quality of 

23 the environment, Delaware Bay, New Jersey and 

24 Delaware, for the purpose of oyster restoration. 


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

2 Project for improvement of the quality of the envi3 ronment, Tioga-Hammond Lakes, Pennsylvania. 

4 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

5 RESTORATION. 

6 The Secretary shall conduct a study for each of the 

7 following projects and, if the Secretary determines that 

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

9 section 206 of the Water Resources Development Act of 

10 1996 (33 U.S.C. 2330): 

11 (1) CYPRESS CREEK, MONTGOMERY, ALA12 BAMA.—Project for aquatic ecosystem restoration, 

13 Cypress Creek, Montgomery, Alabama. 

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

15 ecosystem restoration, Black Lake, Alaska, at the 

16 head of the Chignik watershed. 

17 (3) ALISO CREEK, CALIFORNIA.—Project for 

18 aquatic ecosystem restoration, Aliso Creek, Cali19 fornia. 

20 (4) BEN LOMOND DAM, SANTA CRUZ, CALI21 FORNIA.—Project for aquatic ecosystem restoration, 

22 Ben Lomond Dam, Santa Cruz, California. 

23 (5) DOCKWEILER BLUFFS, LOS ANGELES COUN24 TY, CALIFORNIA.—Project for aquatic ecosystem resVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 toration, Dockweiler Bluffs, Los Angeles County, 

2 California. 

3 (6) SALT RIVER, CALIFORNIA.—Project for 

4 aquatic ecosystem restoration, Salt River, California. 

5 (7) SANTA ROSA CREEK, SANTA ROSA, CALI6 FORNIA.—Project for aquatic ecosystem restoration, 

7 Santa Rosa Creek in the vicinity of the Prince Me8 morial Greenway, Santa Rosa, California. 

9 (8) STOCKTON DEEP WATER SHIP CHANNEL

10 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.— 

11 Project for aquatic ecosystem restoration, Stockton 

12 Deep Water Ship Channel and lower San Joaquin 

13 River, California. 

14 (9) SWEETWATER RESERVOIR, SAN DIEGO

15 COUNTY, CALIFORNIA.—Project for aquatic eco16 system restoration, Sweetwater Reservoir, San Diego 

17 County, California, including efforts to address 

18 aquatic nuisance species. 

19 (10) BISCAYNE BAY, FLORIDA.—Project for 

20 aquatic ecosystem restoration, Biscayne Bay, Key 

21 Biscayne, Florida. 

22 (11) CLAM BAYOU AND DINKINS BAYOU, 

23 SANIBEL ISLAND, FLORIDA.—Project for aquatic 

24 ecosystem restoration, Clam Bayou and Dinkins 

25 Bayou, Sanibel Island, Florida. 


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1 (12) CHATTAHOOCHEE FALL LINE, GEORGIA

2 AND ALABAMA.—Project for aquatic ecosystem res3 toration, Chattahoochee Fall Line, Georgia and Ala4 bama. 

5 (13) LONGWOOD COVE, GAINESVILLE, GEOR6 GIA.—Project for aquatic ecosystem restoration, 

7 Longwood Cove, Gainesville, Georgia. 

8 (14) LAKE COUNTY, ILLINOIS.—Project for 

9 aquatic ecosystem restoration, Ryerson Forest Pre10 serve Dam, Dam 1A, Dam 1B, and Dam 1C, Lake 

11 County, Illinois. 

12 (15) CITY PARK, UNIVERSITY LAKES, LOU13 ISIANA.—Project for aquatic ecosystem restoration, 

14 City Park, University Lakes, Louisiana. 

15 (16) MILL POND, LITTLETON, MASSACHU16 SETTS.—Project for aquatic ecosystem restoration, 

17 Mill Pond, Littleton, Massachusetts. 

18 (17) PINE TREE BROOK, MILTON, MASSACHU19 SETTS.—Project for aquatic ecosystem restoration, 

20 Pine Tree Brook, Milton, Massachusetts. 

21 (18) KALAMAZOO RIVER WATERSHED, BATTLE

22 CREEK, MICHIGAN.—Project for aquatic ecosystem 

23 restoration, Kalamazoo River watershed, Battle 

24 Creek, Michigan. 


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1 (19) RUSH LAKE, MINNESOTA.—Project for 

2 aquatic ecosystem restoration, Rush Lake, Min3 nesota. 

4 (20) SOUTH FORK OF THE CROW RIVER, 

5 HUTCHINSON, MINNESOTA.—Project for aquatic eco6 system restoration, South Fork of the Crow River, 

7 Hutchinson, Minnesota. 

8 (21) ST. LOUIS, MISSOURI.—Project for aquatic 

9 ecosystem restoration, St. Louis, Missouri. 

10 (22) TRUCKEE RIVER, RENO, NEVADA.—Project 

11 for aquatic ecosystem restoration, Truckee River, 

12 Reno, Nevada, including features for fish passage 

13 for Washoe County. 

14 (23) GROVER’S MILL POND, NEW JERSEY.— 

15 Project for aquatic ecosystem restoration, Grover’s 

16 Mill Pond, New Jersey. 

17 (24) DUGWAY CREEK, BRATENAHL, OHIO.— 

18 Project for aquatic ecosystem restoration, Dugway 

19 Creek, Bratenahl, Ohio. 

20 (25) JOHNSON CREEK, GRESHAM, OREGON.— 

21 Project for aquatic ecosystem restoration, Johnson 

22 Creek, Gresham, Oregon. 

23 (26) BEAVER CREEK, BEAVER AND SALEM, 

24 PENNSYLVANIA.—Project for aquatic ecosystem resVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 toration, Beaver Creek, Beaver and Salem, Pennsyl2 vania. 

3 (27) CEMENTON DAM, LEHIGH RIVER, PENN4 SYLVANIA.—Project for aquatic ecosystem restora5 tion, Cementon Dam, Lehigh River, Pennsylvania. 

6 (28) SAUCON CREEK, NORTHAMPTON COUNTY, 

7 PENNSYLVANIA.—Project for aquatic ecosystem res8 toration, Saucon Creek, Northampton County, Penn9 sylvania. 

10 (29) BLACKSTONE RIVER, RHODE ISLAND.— 

11 Project for aquatic ecosystem restoration, Black12 stone River, Rhode Island. 

13 (30) WILSON BRANCH, CHERAW, SOUTH CARO14 LINA.—Project for aquatic ecosystem restoration, 

15 Wilson Branch, Cheraw, South Carolina. 

16 (31) WHITE RIVER, BETHEL, VERMONT.— 

17 Project for aquatic ecosystem restoration, White 

18 River, Bethel, Vermont. 

19 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC20 TION. 

21 The Secretary shall conduct a study for each of the 

22 following projects and, if the Secretary determines that 

23 a project is feasible, may carry out the project under sec24 tion 3 of the Act entitled ‘‘An Act authorizing Federal 

25 participation in the cost of protecting the shores of pubVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 licly owned property’’, approved August 13, 1946 (33 

2 U.S.C. 426g): 

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

4 shoreline protection, Nelson Lagoon, Alaska. 

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

6 shoreline protection, Sanibel Island, Florida. 

7 (3) APRA HARBOR, GUAM.—Project for shore8 line protection, Apra Harbor, Guam. 

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

10 shoreline protection, Piti, Cabras Island, Guam. 

11 (5) NARROWS AND GRAVESEND BAY, UPPER

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

13 for shoreline protection in the vicinity of the con14 fluence of the Narrows and Gravesend Bay, Upper 

15 New York Bay, Shore Parkway Greenway, Brooklyn, 

16 New York. 

17 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

18 SHIPYARD, PENNSYLVANIA.—Project for shoreline 

19 protection, Delaware River in the vicinity of the 

20 Philadelphia Naval Shipyard, Pennsylvania. 

21 (7) PORT ARANSAS, TEXAS.—Project for shore22 line protection, Port Aransas, Texas. 


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

3 The Secretary shall conduct a study for the following 

4 project and, if the Secretary determines that the project 

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

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

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

9 Kowawese Unique Area and Hudson River, New Windsor, 

10 New York. 

11 TITLE II—GENERAL PROVISIONS 

12 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

13 Section 103 of the Water Resources Development Act 

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

15 end the following: 

16 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 

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

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

20 interests for costs of constructing authorized 

21 water resources projects or measures in excess 

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

24 (b), and (c); or 


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1 ‘‘(B) condition Federal participation in 

2 such projects or measures on the receipt of 

3 such contributions. 

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

6 to affect the Secretary’s authority under section 

7 903(c).’’. 

8 SEC. 2002. HARBOR COST SHARING. 

9 (a) PAYMENTS DURING CONSTRUCTION.—Section 

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

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

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

13 feet’’ and inserting ‘‘53 feet’’. 

14 (b) OPERATION AND MAINTENANCE.—Section 

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

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

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

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

20 ‘‘53 feet’’. 

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

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

24 physical construction has not been awarded before October 

25 1, 2003. 


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1 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

2 Secretary shall revise any partnership agreement entered 

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

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

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

7 SEC. 2003. FUNDING TO PROCESS PERMITS. 

8 Section 214(c) of the Water Resources Development 

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

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

11 3197) is amended by striking ‘‘2008’’ and inserting 

12 ‘‘2010’’. 

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

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

17 Act entitled ‘‘An Act authorizing Federal participation in 

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

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

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

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

24 and inserting ‘‘6 years’’. 


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

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

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

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

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

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

10 under the erosion control program in cooperation 

11 with the non-Federal interest. 

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

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

14 project, or an element of a project, constructed 

15 under the erosion control program if the Secretary 

16 determines during the term of the program that the 

17 project or element is detrimental to the environment, 

18 private property, or public safety.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

22 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

23 PROTECTION PROJECTS. 

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

25 Federal participation in the cost of protecting the shores 


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

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

3 and inserting ‘‘$5,000,000’’. 

4 SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. 

5 Section 206(e) of the Water Resources Development 

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

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

8 SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

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

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

11 inserting ‘‘$60,000,000’’. 

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

15 Section 1135(h) of the Water Resources Development 

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

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

18 SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES 

19 PROJECTS. 

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

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

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

23 following: 


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1 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 

2 WATER RESOURCES PROJECTS.’’; 

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

4 following: 

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

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

7 the construction of any water resources project, or 

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

12 any provision of law, shall not be commenced until 

13 each non-Federal interest has entered into a written 

14 partnership agreement with the Secretary (or, where 

15 appropriate, the district engineer for the district in 

16 which the project will be carried out) under which 

17 each party agrees to carry out its responsibilities 

18 and requirements for implementation or construction 

19 of the project or the appropriate element of the 

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

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

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

25 required from the non-Federal interest and are less 

26 than $25,000. 


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

2 agreement described in paragraph (1) may include a 

3 provision for liquidated damages in the event of a 

4 failure of one or more parties to perform. 

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

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

8 politic of the State which derives its powers from the 

9 State constitution, or a governmental entity created 

10 by the State legislature, the agreement may reflect 

11 that it does not obligate future appropriations for 

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

15 political subdivision of the State. 

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

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

19 with respect to a project that the Secretary 

20 shall credit toward the non-Federal share of the 

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

23 the value of in-kind contributions made by the 

24 non-Federal interest, including— 


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

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

5 interest for implementation of the project; 

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

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

10 project; and 

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

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

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

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

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

21 the non-Federal interest is to receive credit 

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

23 carried out by the non-Federal interest and 

24 such work has not been carried out as of the 

25 date of enactment of this subparagraph, the 


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1 Secretary and the non-Federal interest shall 

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

4 only work carried out following the execution of 

5 the agreement shall be eligible for credit. 

6 ‘‘(D) LIMITATIONS.—Credit authorized 

7 under this paragraph for a project— 

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

9 share of the cost of the project; 

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

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

13 for disposal of dredged material for the 

14 project; 

15 ‘‘(iii) shall not alter any requirement 

16 that a non-Federal interest pay a portion 

17 of the costs of construction of the project 

18 under sections 101 and 103 of the Water 

19 Resources Development Act of 1986 (33 

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

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

22 reasonable costs of the materials, services, 

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


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1 ‘‘(E) APPLICABILITY.— 

2 ‘‘(i) IN GENERAL.—This paragraph 

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

6 1986, without specific authorization in law. 

7 ‘‘(ii) LIMITATION.—In any case in 

8 which a specific provision of law provides 

9 for a non-Federal interest to receive credit 

10 toward the non-Federal share of the cost 

11 of a study for, or construction or operation 

12 and maintenance of, a water resources 

13 project, the specific provision of law shall 

14 apply instead of this paragraph.’’. 

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

16 such Act is amended to read as follows: 

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

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

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

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

24 (c) PROGRAM ADMINISTRATION.—Section 221 of 

25 such Act is further amended— 


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

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

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

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

7 guidelines for partnership agreements that delegate to the 

8 district engineers, at a minimum— 

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

10 partnership agreement that has appeared in an 

11 agreement previously approved by the Secretary; 

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

13 partnership agreement the specific terms of which 

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

15 final environmental impact statement, or other final 

16 decision document for a water resources project; 

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

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

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

21 agreement for any water resources project unless, 

22 within 30 days of the date of authorization of the 

23 project, the Secretary notifies the district engineer in 

24 which the project will be carried out that the SecVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 retary wishes to retain the prerogative to sign the 

2 partnership agreement for that project. 

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

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

5 year thereafter, the Secretary shall submit to Congress a 

6 report detailing the following: 

7 ‘‘(1) The number of partnership agreements 

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

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

11 the Secretary, an explanation of why delegation to 

12 the district engineer was not appropriate. 

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

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

15 Chief of Engineers shall— 

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

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

19 this section within the preceding 10 years and all 

20 partnership agreements for water resources projects 

21 currently being carried out in that district; and 

22 ‘‘(2) make each partnership agreement entered 

23 into after such date of enactment available to the 

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


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

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

4 Water Resources Development Act of 1986 (101 Stat. 

5 4190) is amended— 

6 (1) in paragraph (2)— 

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

8 appears and inserting ‘‘may’’; and 

9 (B) by striking the last sentence; and 

10 (2) in paragraph (4)— 

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

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

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

14 imposed under this section,’’; and 

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

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

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

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

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

23 the project is located may amend a project partnership 

24 agreement entered into on or before such date and under 

25 which construction on the project has not been initiated 


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

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

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

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

9 the agreements shall be referred to as ‘‘partnership 

10 agreements’’. 

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

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

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

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

23 ‘‘project cooperation agreement’’, respectively. 


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1 SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, 

2 AND REUSE. 

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

4 State and local governments assessment, planning, and 

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

7 such State or local governments where such remediation, 

8 environmental restoration, or reuse will contribute to the 

9 improvement of water quality or the conservation of water 

10 and related resources of drainage basins and watersheds 

11 within the United States. 

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

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

14 shall be 50 percent. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

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

18 SEC. 2011. COMPILATION OF LAWS. 

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

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

22 Engineers shall prepare a compilation of the laws of the 

23 United States relating to the improvement of rivers and 

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

26 and environmental restoration, and other water resources 


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1 development enacted after November 8, 1966, and before 

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

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

4 the general public. 

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

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

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

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

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

16 on Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Environment and 

18 Public Works of the Senate. 

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

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

22 including the Internet. 

23 SEC. 2012. DREDGED MATERIAL DISPOSAL. 

24 Section 217 of the Water Resources Development Act 

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


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1 (1) by redesignating subsection (c) as sub2 section (d); 

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

5 ‘‘(c) DREDGED MATERIAL FACILITY.— 

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

7 into a partnership agreement under section 221 of 

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

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

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

13 management, or operation of a dredged material 

14 processing, treatment, contaminant reduction, or 

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

19 whole or in part by the Federal Government. 

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

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


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

2 which this subsection applies serves to manage 

3 dredged material from multiple water resources 

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

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

9 ‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES

10 AND COST SHARING.— 

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

12 partnership agreement with respect to a facility 

13 under this subsection shall specify— 

14 ‘‘(i) the Federal funding sources and 

15 combined cost-sharing when applicable to 

16 multiple water resources projects; and 

17 ‘‘(ii) the responsibilities and risks of 

18 each of the parties relating to present and 

19 future dredged material managed by the 

20 facility. 

21 ‘‘(B) MANAGEMENT OF SEDIMENTS.— 

22 ‘‘(i) IN GENERAL.—A partnership 

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

25 the maintenance dredging of Federal water 


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1 resources projects that do not have part2 nership agreements. 

3 ‘‘(ii) PAYMENTS.—A partnership 

4 agreement under this subsection may allow 

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

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

11 or disposal facilities. 

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

13 under this subsection may allow costs incurred 

14 by the non-Federal interest before execution of 

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

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

18 5b(a)(4)). 

19 ‘‘(5) CREDIT.— 

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

22 or modifies an agreement in effect on the date 

23 of enactment of this paragraph between the 

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1 ation and maintenance of a water resources 

2 project. 

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

4 approval of the Secretary and in accordance 

5 with law (including regulations and policies) in 

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

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

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

14 the project. 

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

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

19 ‘‘(i) be responsible for providing all 

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

21 and relocations associated with the facility; 

22 and 

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


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1 with respect to which the agreement is 

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

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

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

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

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

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

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

10 those paragraphs. 

11 SEC. 2013. WETLANDS MITIGATION. 

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

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

17 bank if the bank contains sufficient available credits to 

18 offset the impact and the bank is approved in accordance 

19 with the Federal Guidance for the Establishment, Use and 

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

21 other applicable Federal law (including regulations). 

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

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

24 of the Water Resources Development Act of 1986 (33 


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

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

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

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

8 occur and, in any case in which mitigation must 

9 take place outside the watershed, a justification 

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

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

13 in lands to be acquired for mitigation and the 

14 basis for a determination that such lands are 

15 available for acquisition; 

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

17 of the habitat being restored; 

18 ‘‘(D) success criteria for mitigation based 

19 on replacement of lost functions and values of 

20 the habitat, including hydrologic and vegetative 

21 characteristics; and 

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

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


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

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

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

5 a mitigation plan for a water resources project, the 

6 entity responsible for monitoring at the time of a 

7 final report of the Chief of Engineers or other final 

8 decision document for the project, such entity shall 

9 be identified in the partnership agreement entered 

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

11 (b) STATUS REPORT.— 

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

16 the Committee on Transportation and Infrastructure 

17 of the House of Representatives and the Committee 

18 on Environment and Public Works of the Senate a 

19 report on the status of construction of projects that 

20 require mitigation under section 906 of the Water 

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

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

24 (2) PROJECTS INCLUDED.—The status report 

25 shall include the status of all projects that are under 


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

3 projects that have completed construction, but have 

4 not completed the mitigation required under section 

5 906 of the Water Resources Development Act of 

6 1986. 

7 SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. 

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

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

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

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

14 project is at least 70 miles from the nearest surface 

15 accessible commercial port and has no direct rail or 

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

18 (B) the project would be located in the Com19 monwealth of Puerto Rico, Guam, the State of Ha20 waii, the Commonwealth of the Northern Mariana 

21 Islands, the United States Virgin Islands, or Amer22 ican Samoa; 

23 (2) the harbor is economically critical such that 

24 over 80 percent of the goods transported through 

25 the harbor would be consumed within the community 


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1 served by the harbor and navigation improvement; 

2 and 

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

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

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

8 shall consider the benefits of the project to— 

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

11 public health and safety; 

12 (2) access to natural resources for subsistence 

13 purposes; 

14 (3) local and regional economic opportunities; 

15 (4) welfare of the local population; and 

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

17 SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL. 

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

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

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

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

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

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

6 supply, recreation, hurricane and storm damage reduction, 

7 aquatic plant control, and environmental protection and 

8 restoration. 

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

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

15 operation, maintenance, replacement, and rehabilitation of 

16 the project in accordance with section 103 of the Water 

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

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

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

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

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

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


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

2 Costs associated with construction of a project under this 

3 section shall be limited solely to construction costs that 

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

5 dredging for construction, operation, or maintenance of 

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

8 environmental criteria. 

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

11 project involving the disposal of sediment, the Secretary 

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

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

14 Secretary determines that the incremental costs of such 

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

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

20 subsections (d) and (f). 

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

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

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

25 the consent of the affected local government. 


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

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

3 projects under this section of which not more than 

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

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

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

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

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

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

19 ‘‘(k) USE OF FUNDS.— 

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

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

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


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1 cost of such project if such funds are authorized to 

2 be used to carry out such project. 

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

5 under this section may be met through contributions 

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

9 carry out such project. Before initiating a project to 

10 which this paragraph applies, the Secretary shall 

11 enter into an agreement with a non-Federal interest 

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

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

15 (b) REPEAL.— 

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

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

18 426j) is repealed. 

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

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

21 Secretary to complete any project being carried out 

22 under such section 145 on the day before the date 

23 of enactment of this Act. 

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

25 of the Water Resources Development Act of 1992 (33 


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

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

4 Arkansas. 

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

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

7 Channel, Louisiana. 

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

9 Park Pavilion and the TWA Flight 800 Memorial, 

10 Brookhaven, New York. 

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

12 North Carolina. 

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

14 Texas. 

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

16 SEC. 2017. COST-SHARING PROVISIONS FOR CERTAIN 

17 AREAS. 

18 Section 1156 of the Water Resources Development 

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

20 to read as follows: 

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

22 AREAS. 

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


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

2 American Samoa, Guam, the Commonwealth of the 

3 Northern Mariana Islands, and the United States 

4 Virgin Islands; 

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

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

7 lands that are within the jurisdictional area of an 

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

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

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

14 an Alaska Native Regional Corporation or an Alaska 

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

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

18 community.’’. 

19 SEC. 2018. USE OF OTHER FEDERAL FUNDS. 

20 The non-Federal interest for a water resources study 

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

22 provided by a Federal agency under any other Federal 

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

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

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


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

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

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

6 of a water resources project authorized to be carried out 

7 by the Secretary, the Secretary shall revise the partnership 

8 agreement for the project to take into account the change 

9 in Federal participation in the project. 

10 SEC. 2020. COST SHARING. 

11 An increase in the maximum amount of Federal 

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

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

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

15 not affect any cost-sharing requirement applicable to the 

16 project. 

17 SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

18 DAMAGE REDUCTION. 

19 The Secretary shall expedite any authorized planning, 

20 design, and construction of any project for flood damage 

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

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

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

25 President under the Robert T. Stafford Disaster Relief 

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


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1 SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS. 

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

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

5 (1) in subsection (d)— 

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

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

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

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

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

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

13 Counties, Washington; 

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

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

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

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

19 and inserting the following: 

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

21 share of the costs of an assessment carried out 

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

23 shall be 25 percent.’’; and 

24 (3) by striking subsection (g). 

25 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

26 Secretary shall revise the partnership agreement for any 


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1 assessment being carried out under such section 729 to 

2 take into account the change in non-Federal participation 

3 in the assessment as a result of the amendments made 

4 by subsection (a). 

5 SEC. 2023. TRIBAL PARTNERSHIP PROGRAM. 

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

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

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

10 are within the jurisdictional area of an Oklahoma Indian 

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

12 are recognized by the Secretary of the Interior as eligible 

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

14 Federal Regulations’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

17 inserting ‘‘2012’’. 

18 SEC. 2024. WILDFIRE FIREFIGHTING. 

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

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

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

22 SEC. 2025. TECHNICAL ASSISTANCE. 

23 Section 22 of the Water Resources Development Act 

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


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

3 ‘‘(a) FEDERAL STATE COOPERATION.— 

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

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

8 ‘‘(2) TECHNICAL ASSISTANCE.— 

9 ‘‘(A) IN GENERAL.—At the request of a govern10 mental agency or non-Federal interest, the Secretary 

11 may provide, at Federal expense, technical assist12 ance to such agency or non-Federal interest in man13 aging water resources. 

14 ‘‘(B) TYPES OF ASSISTANCE.—Technical assist15 ance under this paragraph may include provision 

16 and integration of hydrologic, economic, and envi17 ronmental data and analyses.’’; 

18 (3) in subsection (b)(1) by striking ‘‘this sec19 tion’’ each place it appears and inserting ‘‘subsection 

20 (a)(1)’’; 

(4) in subsection (b)(3) by striking ‘‘Up to 1 21 ⁄2

22 of the’’ and inserting ‘‘The’’; 

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

24 and inserting the following: 

25 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 There is’’; 

3 (6) in subsection (c)(1) (as designated by para4 graph (5))— 

5 (A) by striking ‘‘the provisions of this sec6 tion’’ and inserting ‘‘subsection (a)(1)’’; and 

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

8 ‘‘$1,000,000’’; 

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

10 following: 

11 ‘‘(2) TECHNICAL ASSISTANCE.—There is au12 thorized to be appropriated $5,000,000 annually to 

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

14 $2,000,000 annually may be used by the Secretary 

15 to enter into cooperative agreements with nonprofit 

16 organizations to provide assistance to rural and 

17 small communities.’’; 

18 (8) by redesignating subsection (d) as sub19 section (e); and 

20 (9) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI23 TIES.—Concurrent with the President’s submission to 

24 Congress of the President’s request for appropriations for 

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


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1 shall submit to the Committee on Transportation and In2 frastructure of the House of Representatives and the Com3 mittee on Environment and Public Works of the Senate 

4 a report describing the individual activities proposed for 

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

6 SEC. 2026. LAKES PROGRAM. 

7 Section 602(a) of the Water Resources Development 

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

9 295) is amended— 

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

11 (2) by striking the period at the end of para12 graph (19) and inserting a semicolon; and 

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

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

15 removal of silt and aquatic growth and measures to 

16 address excessive sedimentation; 

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

18 New Jersey, removal of silt and measures to address 

19 water quality; 

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

21 Jersey, removal of silt and restoration of structural 

22 integrity; 

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

24 Jersey, removal of silt and aquatic growth; 


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1 ‘‘(24) Lake Rodgers, Creedmoor, North Caro2 lina, removal of silt and excessive nutrients and res3 toration of structural integrity; and 

4 ‘‘(25) Lake Luxembourg, Pennsylvania.’’. 

5 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, 

6 STATE, AND LOCAL ACTIONS. 

7 (a) NOTICE OF INTENT.—Upon request of the non8 Federal interest in the form of a written notice of intent 

9 to construct or modify a non-Federal water supply, waste10 water infrastructure, flood damage reduction, storm dam11 age reduction, ecosystem restoration, or navigation project 

12 that requires the approval of the Secretary, the Secretary 

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

14 establish a schedule for consolidating Federal, State, and 

15 local agency and Indian tribe environmental assessments, 

16 project reviews, and issuance of all permits for the con17 struction or modification of the project. The non-Federal 

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

19 intent, studies and documentation, including environ20 mental reviews, that may be required by Federal law for 

21 decisionmaking on the proposed project. All States and In22 dian tribes having jurisdiction over the proposed project 

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

24 to participate in carrying out this section with respect to 

25 the project. 


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1 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

3 shall publish such notice in the Federal Register. The Sec4 retary also shall provide written notification of the receipt 

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

6 agencies and Indian tribes that may be required to issue 

7 permits for the construction of the project or related ac8 tivities. The Secretary shall solicit the cooperation of those 

9 agencies and request their entry into a memorandum of 

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

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

12 the Federal Register, State and local agencies and Indian 

13 tribes that intend to enter into the memorandum of agree14 ment with respect to the project shall notify the Secretary 

15 of their intent in writing. 

16 (c) SCHEDULING AGREEMENT.—Within 90 days 

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

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

19 the Secretary of Commerce, and the Administrator of the 

20 Environmental Protection Agency, as necessary, and any 

21 State or local agencies that have notified the Secretary 

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

23 the Secretary establishing a schedule of decisionmaking 

24 for approval of the project and permits associated with 

25 the project and with related activities. 


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1 (d) CONTENTS OF AGREEMENT.—An agreement en2 tered into under subsection (c) with respect to a project, 

3 to the extent practicable, shall consolidate hearing and 

4 comment periods, procedures for data collection and re5 port preparation, and the environmental review and per6 mitting processes associated with the project and related 

7 activities. The agreement shall detail, to the extent pos8 sible, the non-Federal interest’s responsibilities for data 

9 development and information that may be necessary to 

10 process each permit required for the project, including a 

11 schedule when the information and data will be provided 

12 to the appropriate Federal, State, or local agency or In13 dian tribe. 

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

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

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

17 the non-Federal interest the minimum amount of addi18 tional time necessary to revise its original application to 

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

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

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

22 of a schedule established by an agreement entered into 

23 under subsection (c) with respect to a project, the Sec24 retary shall notify the non-Federal interest of the final deVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 cision on the project and whether the permit or permits 

2 have been issued. 

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

4 by the Secretary to establish and carry out a schedule to 

5 consolidate Federal, State, and local agency and Indian 

6 tribe environmental assessments, project reviews, and per7 mit issuance for a project under this section shall be paid 

8 by the non-Federal interest. 

9 (h) REPORT ON TIMESAVINGS METHODS.—Not later 

10 than 3 years after the date of enactment of this section, 

11 the Secretary shall prepare and transmit to Congress a 

12 report estimating the time required for the issuance of all 

13 Federal, State, local, and tribal permits for the construc14 tion of non-Federal projects for water supply, wastewater 

15 infrastructure, flood damage reduction, storm damage re16 duction, ecosystem restoration, and navigation. The Sec17 retary shall include in that report recommendations for 

18 further reducing the amount of time required for the 

19 issuance of those permits, including any proposed changes 

20 in existing law. 

21 SEC. 2028. PROJECT STREAMLINING. 

22 (a) POLICY.—The benefits of water resources 

23 projects are important to the Nation’s economy and envi24 ronment, and recommendations to Congress regarding 

25 such projects should not be delayed due to uncoordinated 


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1 or inefficient reviews or the failure to timely resolve dis2 putes during the development of water resources projects. 

3 (b) SCOPE.—This section shall apply to each study 

4 initiated after the date of enactment of this Act to develop 

5 a feasibility report under section 905 of the Water Re6 sources Development Act of 1986 (33 U.S.C. 2282), or 

7 a reevaluation report, for a water resources project if the 

8 Secretary determines that such study requires an environ9 mental impact statement under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

11 (c) WATER RESOURCES PROJECT REVIEW PROC12 ESS.—The Secretary shall develop and implement a co13 ordinated review process for the development of water re14 sources projects. 

15 (d) COORDINATED REVIEWS.— 

16 (1) IN GENERAL.—The coordinated review proc17 ess under this section shall provide that all reviews, 

18 analyses, opinions, permits, licenses, and approvals 

19 that must be issued or made by a Federal, State, or 

20 local government agency or Indian tribe for the de21 velopment of a water resources project described in 

22 subsection (b) will be conducted, to the maximum 

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1 operation with the agencies identified under sub2 section (e) with respect to the project. 

3 (2) AGENCY PARTICIPATION.—Each Federal 

4 agency identified under subsection (e) with respect 

5 to the development of a water resources project shall 

6 formulate and implement administrative policy and 

7 procedural mechanisms to enable the agency to en8 sure completion of reviews, analyses, opinions, per9 mits, licenses, and approvals described in paragraph 

10 (1) for the project in a timely and environmentally 

11 responsible manner. 

12 (e) IDENTIFICATION OF JURISDICTIONAL AGEN13 CIES.—With respect to the development of each water re14 sources project, the Secretary shall identify, as soon as 

15 practicable all Federal, State, and local government agen16 cies and Indian tribes that may— 

17 (1) have jurisdiction over the project; 

18 (2) be required by law to conduct or issue a re19 view, analysis, or opinion for the project; or 

20 (3) be required to make a determination on 

21 issuing a permit, license, or approval for the project. 

22 (f) STATE AUTHORITY.—If the coordinated review 

23 process is being implemented under this section by the 

24 Secretary with respect to the development of a water re25 sources project described in subsection (b) within the 


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1 boundaries of a State, the State, consistent with State law, 

2 may choose to participate in the process and to make sub3 ject to the process all State agencies that— 

4 (1) have jurisdiction over the project; 

5 (2) are required to conduct or issue a review, 

6 analysis, or opinion for the project; or 

7 (3) are required to make a determination on 

8 issuing a permit, license, or approval for the project. 

9 (g) MEMORANDUM OF UNDERSTANDING.—The co10 ordinated review process developed under this section may 

11 be incorporated into a memorandum of understanding for 

12 a water resources project between the Secretary, the heads 

13 of Federal, State, and local government agencies, Indian 

14 tribes identified under subsection (e), and the non-Federal 

15 interest for the project. 

16 (h) EFFECT OF FAILURE TO MEET DEADLINE.— 

17 (1) NOTIFICATION OF CONGRESS AND CEQ.—If 

18 the Secretary determines that a Federal, State, or 

19 local government agency, Indian tribe, or non-Fed20 eral interest that is participating in the coordinated 

21 review process under this section with respect to the 

22 development of a water resources project has not 

23 met a deadline established under subsection (d) for 

24 the project, the Secretary shall notify, within 30 

25 days of the date of such determination, the ComVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 mittee on Transportation and Infrastructure of the 

2 House of Representatives, the Committee on Envi3 ronment and Public Works of the Senate, the Coun4 cil on Environmental Quality, and the agency, In5 dian tribe, or non-Federal interest involved about 

6 the failure to meet the deadline. 

7 (2) AGENCY REPORT.—Not later than 30 days 

8 after the date of receipt of a notice under paragraph 

9 (1), the Federal, State, or local government agency, 

10 Indian tribe, or non-Federal interest involved may 

11 submit a report to the Secretary, the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives, the Committee on Environment and 

14 Public Works of the Senate, and the Council on En15 vironmental Quality explaining why the agency, In16 dian tribe, or non-Federal interest did not meet the 

17 deadline and what actions it intends to take to com18 plete or issue the required review, analysis, or opin19 ion or determination on issuing a permit, license, or 

20 approval. 

21 (i) PURPOSE AND NEED AND DETERMINATION OF

22 REASONABLE ALTERNATIVES.— 

23 (1) IN GENERAL.—The Secretary, as the Fed24 eral lead agency responsible for carrying out a study 

25 for a water resources project and the associated 


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1 process for meeting the requirements of the National 

2 Environmental Policy Act of 1969, shall— 

3 (A) define the project’s purpose and need 

4 for purposes of any document which the Sec5 retary is responsible for preparing for the 

6 project and shall determine the range of alter7 natives for consideration in any document which 

8 the Secretary is responsible for preparing for 

9 the project; and 

10 (B) determine, in collaboration with par11 ticipating agencies at appropriate times during 

12 the study process, the methodologies to be used 

13 and the level of detail required in the analysis 

14 of each alternative for the project. 

15 (2) PREFERRED ALTERNATIVE.—At the discre16 tion of the Secretary, the preferred alternative for a 

17 project, after being identified, may be developed to 

18 a higher level of detail than other alternatives. 

19 (j) LIMITATIONS.—Nothing in this section shall pre20 empt or interfere with— 

21 (1) any statutory requirement for seeking pub22 lic comment; 

23 (2) any power, jurisdiction, or authority that a 

24 Federal, State, or local government agency, Indian 


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1 tribe, or non-Federal interest has with respect to 

2 carrying out a water resources project; or 

3 (3) any obligation to comply with the provisions 

4 of the National Environmental Policy Act of 1969 

5 and the regulations issued by the Council on Envi6 ronmental Quality to carry out such Act. 

7 SEC. 2029. COOPERATIVE AGREEMENTS. 

8 (a) IN GENERAL.—For the purpose of expediting the 

9 cost-effective design and construction of wetlands restora10 tion that is part of an authorized water resources project, 

11 the Secretary may enter into cooperative agreements 

12 under section 6305 of title 31, United States Code, with 

13 nonprofit organizations with expertise in wetlands restora14 tion to carry out such design and construction on behalf 

15 of the Secretary. 

16 (b) LIMITATIONS.— 

17 (1) PER PROJECT LIMIT.—A cooperative agree18 ment under this section shall not obligate the Sec19 retary to pay the nonprofit organization more than 

20 $1,000,000 for any single wetlands restoration 

21 project. 

22 (2) ANNUAL LIMIT.—The total value of work 

23 carried out under cooperative agreements under this 

24 section may not exceed $5,000,000 in any fiscal 

25 year. 


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1 SEC. 2030. TRAINING FUNDS. 

2 (a) IN GENERAL.—The Secretary may include indi3 viduals not employed by the Department of the Army in 

4 training classes and courses offered by the Corps of Engi5 neers in any case in which the Secretary determines that 

6 it is in the best interest of the Federal Government to 

7 include those individuals as participants. 

8 (b) EXPENSES.— 

9 (1) IN GENERAL.—An individual not employed 

10 by the Department of the Army attending a training 

11 class or course described in subsection (a) shall pay 

12 the full cost of the training provided to the indi13 vidual. 

14 (2) PAYMENTS.—Payments made by an indi15 vidual for training received under paragraph (1), up 

16 to the actual cost of the training— 

17 (A) may be retained by the Secretary; 

18 (B) shall be credited to an appropriations 

19 account used for paying training costs; and 

20 (C) shall be available for use by the Sec21 retary, without further appropriation, for train22 ing purposes. 

23 (3) EXCESS AMOUNTS.—Any payments received 

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

25 cost of training provided shall be credited as misVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 cellaneous receipts to the Treasury of the United 

2 States. 

3 SEC. 2031. ACCESS TO WATER RESOURCE DATA. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 program to provide public access to water resources and 

6 related water quality data in the custody of the Corps of 

7 Engineers. 

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

9 shall— 

10 (1) include, at a minimum, access to data gen11 erated in water resources project development and 

12 regulation under section 404 of the Federal Water 

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

14 (2) appropriately employ geographic informa15 tion system technology and linkages to water re16 source models and analytical techniques. 

17 (c) PARTNERSHIPS.—To the maximum extent prac18 ticable, in carrying out activities under this section, the 

19 Secretary shall develop partnerships, including cooperative 

20 agreements with State, tribal, and local governments and 

21 other Federal agencies. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $5,000,000 for each fiscal year. 


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1 SEC. 2032. SHORE PROTECTION PROJECTS. 

2 (a) IN GENERAL.—In accordance with the Act of 

3 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad4 ministrative actions, it is the policy of the United States 

5 to promote beach nourishment for the purposes of flood 

6 damage reduction and hurricane and storm damage reduc7 tion and related research that encourage the protection, 

8 restoration, and enhancement of sandy beaches, including 

9 beach restoration and periodic beach renourishment for a 

10 period of 50 years, on a comprehensive and coordinated 

11 basis by the Federal Government, States, localities, and 

12 private enterprises. 

13 (b) PREFERENCE.—In carrying out the policy under 

14 subsection (a), preference shall be given to— 

15 (1) areas in which there has been a Federal in16 vestment of funds for the purposes described in sub17 section (a); and 

18 (2) areas with respect to which the need for 

19 prevention or mitigation of damage to shores and 

20 beaches is attributable to Federal navigation 

21 projects or other Federal activities. 

22 (c) APPLICABILITY.—The Secretary shall apply the 

23 policy under subsection (a) to each shore protection and 

24 beach renourishment project (including shore protection 

25 and beach renourishment projects constructed before the 

26 date of enactment of this Act). 


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1 SEC. 2033. ABILITY TO PAY. 

2 (a) CRITERIA AND PROCEDURES.—Section 

3 103(m)(2) of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2213(m)(2)) is amended by striking 

5 ‘‘180 days after such date of enactment’’ and inserting 

6 ‘‘September 30, 2007’’. 

7 (b) PROJECTS.—The Secretary shall apply the cri8 teria and procedures referred to in section 103(m) of the 

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

10 2213(m)) to the following projects: 

11 (1) ST. JOHNS BAYOU AND NEW MADRID

12 FLOODWAY, MISSOURI.—The project for flood con13 trol, St. Johns Bayou and New Madrid Floodway, 

14 Missouri, authorized by section 401(a) of the Water 

15 Resources Development Act of 1986 (100 Stat. 

16 4118). 

17 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

18 project for flood control, Lower Rio Grande Basin, 

19 Texas, authorized by section 401(a) of the Water 

20 Resources Development Act of 1986 (100 Stat. 

21 4125). 

22 (3) WEST VIRGINIA AND PENNSYLVANIA

23 PROJECTS.—The projects for flood control author24 ized by section 581 of the Water Resources Develop25 ment Act of 1996 (110 Stat. 3790–3791). 


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1 SEC. 2034. LEASING AUTHORITY. 

2 Section 4 of the Act entitled ‘‘An Act authorizing the 

3 construction of certain public works on rivers and harbors 

4 for flood control, and other purposes’’, approved December 

5 22, 1944 (16 U.S.C. 460d), is amended— 

6 (1) by inserting ‘‘federally recognized Indian 

7 tribes and’’ before ‘‘Federal’’ the first place it ap8 pears; 

9 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con10 siderations, to such’’; and 

11 (3) by inserting ‘‘federally recognized Indian 

12 tribe’’ after ‘‘That in any such lease or license to a’’. 

13 SEC. 2035. COST ESTIMATES. 

14 The estimated Federal and non-Federal costs of 

15 projects authorized to be carried out by the Secretary be16 fore, on, or after the date of enactment of this Act are 

17 for informational purposes only and shall not be inter18 preted as affecting the cost sharing responsibilities estab19 lished by law. 

20 SEC. 2036. PRINCIPLES AND GUIDELINES. 

21 (a) IN GENERAL.—The Secretary shall issue revised 

22 principles and guidelines for use in the formulation, eval23 uation, and implementation of water resources projects. 

24 Subject to the requirements of this section, the revised 

25 principles and guidelines shall apply to water resources 

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1 ciples and guidelines for such projects in effect on the date 

2 of enactment of this Act. 

3 (b) CONTENT.—The principles and guidelines shall, 

4 among other things— 

5 (1) provide for the consideration of environ6 mental restoration costs and benefits under Corps of 

7 Engineers economic models; 

8 (2) incorporate new techniques in risk and un9 certainty analysis; 

10 (3) eliminate biases and disincentives for non11 structural flood damage reduction projects as com12 pared to structural flood damage reduction projects; 

13 (4) incorporate new analytical techniques; 

14 (5) encourage, to the maximum extent prac15 ticable, the restoration of aquatic ecosystems; and 

16 (6) ensure that water resources projects are 

17 justified by benefits that accrue to the public at 

18 large. 

19 (c) PROPOSED PRINCIPLES AND GUIDELINES.— 

20 (1) IN GENERAL.—Not later than 270 days 

21 after the date of enactment of this Act, the Sec22 retary shall publish in the Federal Register proposed 

23 principles and guidelines under subsection (a). 

24 (2) CONSULTATION.—In developing the pro25 posed principles and guidelines, the Secretary shall 


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1 consult with the Secretary of the Interior, the Sec2 retary of Agriculture, the Secretary of Commerce, 

3 the Secretary of Housing and Urban Development, 

4 the Secretary of Transportation, the Administrator 

5 of the Environmental Protection Agency, the Sec6 retary of Energy, the Secretary of Homeland Secu7 rity, the National Academy of Sciences, and the 

8 Council on Environmental Quality. 

9 (3) PUBLIC PARTICIPATION.—The Secretary 

10 shall provide notice and an opportunity for the pub11 lic to participate in the development of the proposed 

12 principles and guidelines. 

13 (d) PUBLIC COMMENT FOLLOWING ISSUANCE OF

14 PROPOSED PRINCIPLES AND GUIDELINES.—After publi15 cation of the proposed principles and guidelines, the Sec16 retary shall provide an opportunity for the public to com17 ment on the proposed principles and guidelines. The com18 ment period shall not be fewer than 60 days. 

19 (e) FINAL PRINCIPLES AND GUIDELINES.— 

20 (1) IN GENERAL.—Not later than 90 days fol21 lowing the last day of the comment period under 

22 subsection (d), the Secretary shall issue final prin23 ciples and guidelines under subsection (a). 


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1 (2) APPLICABILITY.—After the date of issuance 

2 of the final principles and guidelines, the final prin3 ciples and guidelines shall apply— 

4 (A) to all water resources projects carried 

5 out by the Secretary, other than projects for 

6 which the Secretary has commenced a feasi7 bility report before the date of such issuance; 

8 (B) at the request of a non-Federal inter9 est, to a water resources project for which the 

10 Secretary has commenced a feasibility report 

11 before the date of such issuance; and 

12 (C) to reevaluation or modification of a 

13 water resources project, other than a reevalua14 tion or modification that has been commenced 

15 by the Secretary before the date of such 

16 issuance. 

17 (f) EXISTING STUDIES.—Principles and guidelines 

18 issued under subsection (a) shall not affect the validity 

19 of any completed study of a water resources development 

20 project. 

21 SEC. 2037. INDEPENDENT PEER REVIEW. 

22 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

23 PEER REVIEW.— 


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1 (1) IN GENERAL.—Project studies shall be sub2 ject to a peer review by an independent panel of ex3 perts as determined under this section. 

4 (2) SCOPE.—The peer review may include a re5 view of the economic and environmental assumptions 

6 and projections, project evaluation data, economic 

7 analyses, environmental analyses, engineering anal8 yses, formulation of alternative plans, methods for 

9 integrating risk and uncertainty, models used in 

10 evaluation of economic or environmental impacts of 

11 proposed projects, and any biological opinions of the 

12 project study. 

13 (3) PROJECT STUDIES SUBJECT TO PEER RE14 VIEW.— 

15 (A) MANDATORY.—A project study shall 

16 be subject to peer review under paragraph 

17 (1)— 

18 (i) if the project has an estimated 

19 total cost of more than $50,000,000, in20 cluding mitigation costs, and is not deter21 mined by the Chief of Engineers to be ex22 empt from peer review under paragraph 

23 (6); or 


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1 (ii) the Governor of an affected State 

2 requests a peer review by an independent 

3 panel of experts. 

4 (B) DISCRETIONARY.—A project study 

5 may be subject to peer review if— 

6 (i) the head of a Federal or State 

7 agency charged with reviewing the project 

8 study determines that the project is likely 

9 to have a significant adverse impact on en10 vironmental, cultural, or other resources 

11 under the jurisdiction of the agency after 

12 implementation of proposed mitigation 

13 plans and requests a peer review by an 

14 independent panel of experts; or 

15 (ii) the Chief of Engineers determines 

16 that the project study is controversial. 

17 (4) CONTROVERSIAL PROJECTS.—Upon receipt 

18 of a written request under paragraph (3)(B) or on 

19 the initiative of the Chief of Engineers, the Chief of 

20 Engineers shall determine whether a project study is 

21 controversial. 

22 (5) FACTORS TO CONSIDER.—In determining 

23 whether a project study is controversial, the Chief of 

24 Engineers shall consider if— 


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1 (A) there is a significant public dispute as 

2 to the size, nature, or effects of the project; or 

3 (B) there is a significant public dispute as 

4 to the economic or environmental costs or bene5 fits of the project. 

6 (6) PROJECT STUDIES EXCLUDED FROM PEER

7 REVIEW.—Project studies that may be excluded from 

8 peer review under paragraph (1) are— 

9 (A) a study for a project the Chief of En10 gineers determines— 

11 (i) is not controversial; 

12 (ii) has no more than negligible ad13 verse impacts on scarce or unique cultural, 

14 historic, or tribal resources; 

15 (iii) has no substantial adverse im16 pacts on fish and wildlife species and their 

17 habitat prior to the implementation of 

18 mitigation measures; and 

19 (iv) has, before implementation of 

20 mitigation measures, no more than a neg21 ligible adverse impact on a species listed as 

22 endangered or threatened species under 

23 the Endangered Species Act of 1973 (16 

24 U.S.C. 1539 et seq.) or the critical habitat 


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1 of such species designated under such Act; 

2 and 

3 (B) a study for a project pursued under 

4 section 205 of the Flood Control Act of 1948 

5 (33 U.S.C. 701s), section 2 of the Flood Con6 trol Act of August 28, 1937 (33 U.S.C. 701g), 

7 section 14 of the Flood Control Act of 1946 (33 

8 U.S.C. 701r), section 107(a) of the River and 

9 Harbor Act of 1960 (33 U.S.C. 577(a)), section 

10 3 of the Act entitled ‘‘An Act authorizing Fed11 eral participation in the cost of protecting the 

12 shores of publicly owned property’’, approved 

13 August 13, 1946 (33 U.S.C. 426g), section 111 

14 of the River and Harbor Act of 1968 (33 

15 U.S.C. 426i), section 3 of the Act entitled ‘‘An 

16 Act authorizing the construction, repair, and 

17 preservation of certain public works on rivers 

18 and harbors, and for other purposes’’, approved 

19 March 2, 1945 (33 U.S.C. 603a), section 1135 

20 of the Water Resources Development Act of 

21 1986 (33 U.S.C. 2309a), section 206 of the 

22 Water Resources Development Act of 1996 (33 

23 U.S.C. 2330), or section 204 of the Water Re24 sources Development Act of 1992 (33 U.S.C. 

25 2326). 


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1 (7) APPEAL.—The decision of the Chief of En2 gineers whether to peer review a project study shall 

3 be published in the Federal Register and shall be 

4 subject to appeal by a person referred to in para5 graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the 

6 Army if such appeal is made within the 30-day pe7 riod following the date of such publication. 

8 (8) DETERMINATION OF PROJECT COST.—For 

9 purposes of determining the estimated total cost of 

10 a project under paragraph (3)(A), the project cost 

11 shall be based upon the reasonable estimates of the 

12 Chief of Engineers at the completion of the recon13 naissance study for the project. If the reasonable es14 timate of project costs is subsequently determined to 

15 be in excess of the amount in paragraph (3)(A), the 

16 Chief of Engineers shall make a determination 

17 whether a project study should be reviewed under 

18 this section. 

19 (b) TIMING OF PEER REVIEW.—The Chief of Engi20 neers shall determine the timing of a peer review of a 

21 project study under subsection (a). In all cases, the peer 

22 review shall occur during the period beginning on the date 

23 of the completion of the reconnaissance study for the 

24 project and ending on the date the draft report of the 

25 Chief of Engineers for the project is made available for 


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1 public comment. Where the Chief of Engineers has not 

2 initiated a peer review of a project study, the Chief of En3 gineers shall consider, at a minimum, whether to initiate 

4 a peer review at the time that— 

5 (1) the without-project conditions are identified; 

6 (2) the array of alternatives to be considered 

7 are identified; and 

8 (3) the preferred alternative is identified. 

9 Nothing in this subsection shall be construed to require 

10 the Chief of Engineers to conduct multiple peer reviews 

11 for a project study. 

12 (c) ESTABLISHMENT OF PANELS.— 

13 (1) IN GENERAL.—For each project study sub14 ject to peer review under subsection (a), as soon as 

15 practicable after the Chief of Engineers determines 

16 that a project study will be subject to peer review, 

17 the Chief of Engineers shall contract with the Na18 tional Academy of Sciences (or a similar independent 

19 scientific and technical advisory organization), or an 

20 eligible organization, to establish a panel of experts 

21 to peer review the project study for technical and 

22 scientific sufficiency. 

23 (2) MEMBERSHIP.—A panel of experts estab24 lished for a project study under this section shall be 

25 composed of independent experts who represent a 


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1 balance of areas of expertise suitable for the review 

2 being conducted. 

3 (3) LIMITATION ON APPOINTMENTS.—An indi4 vidual may not be selected to serve on a panel of ex5 perts established for a project study under this sec6 tion if the individual has a financial or close profes7 sional association with any organization or group 

8 with a strong financial or organizational interest in 

9 the project. 

10 (4) CONGRESSIONAL NOTIFICATION.—Upon 

11 identification of a project study for peer review 

12 under this section, but prior to initiation of any re13 view, the Chief of Engineers shall notify the Com14 mittee on Environment and Public Works of the 

15 Senate and the Committee on Transportation and 

16 Infrastructure of the House of Representatives of 

17 such review. 

18 (d) DUTIES OF PANELS.—A panel of experts estab19 lished for a peer review for a project study under this sec20 tion shall, consistent with the scope of the referral for re21 view— 

22 (1) conduct a peer review for the project study 

23 submitted to the panel for review; 


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1 (2) assess the adequacy and acceptability of the 

2 economic and environmental methods, models, and 

3 analyses used by the Chief of Engineers; 

4 (3) provide timely written and oral comments to 

5 the Chief of Engineers throughout the development 

6 of the project study, as requested; and 

7 (4) submit to the Chief of Engineers a final re8 port containing the panel’s economic, engineering, 

9 and environmental analysis of the project study, in10 cluding the panel’s assessment of the adequacy and 

11 acceptability of the economic and environmental 

12 methods, models, and analyses used by the Chief of 

13 Engineers, to accompany the publication of the 

14 project study. 

15 (e) DURATION OF PROJECT STUDY PEER RE16 VIEWS.— 

17 (1) DEADLINE.—A panel of experts shall— 

18 (A) complete its peer review under this sec19 tion for a project study and submit a report to 

20 the Chief of Engineers under subsection (d)(4) 

21 within 180 days after the date of establishment 

22 of the panel, or, if the Chief of Engineers deter23 mines that a longer period of time is necessary, 

24 such period of time established by the Chief of 

25 Engineers, but in no event later than 90 days 


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1 after the date a draft project study is made 

2 available for public review; and 

3 (B) terminate on the date of submission of 

4 the report. 

5 (2) FAILURE TO MEET DEADLINE.—If a panel 

6 does not complete its peer review of a project study 

7 under this section and submit a report to the Chief 

8 of Engineers under subsection (d)(4) on or before 

9 the deadline established by paragraph (1) for the 

10 project study, the Chief of Engineers shall continue 

11 the project study for the project that is subject to 

12 peer review by the panel without delay. 

13 (f) RECOMMENDATIONS OF PANEL.— 

14 (1) CONSIDERATION BY THE CHIEF OF ENGI15 NEERS.—After receiving a report on a project study 

16 from a panel of experts under this section and be17 fore entering a final record of decision for the 

18 project, the Chief of Engineers shall consider any 

19 recommendations contained in the report and pre20 pare a written response for any recommendations 

21 adopted or not adopted. 

22 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

23 TO CONGRESS.—After receiving a report on a project 

24 study from a panel of experts under this section, the 

25 Chief of Engineers shall— 


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1 (A) make a copy of the report and any 

2 written response of the Chief of Engineers on 

3 recommendations contained in the report avail4 able to the public; and 

5 (B) transmit to Congress a copy of the re6 port, together with any such written response, 

7 on the date of a final report of the Chief of En8 gineers or other final decision document for a 

9 project study that is subject to peer review by 

10 the panel. 

11 (g) COSTS.— 

12 (1) IN GENERAL.—The costs of a panel of ex13 perts established for a peer review under this sec14 tion— 

15 (A) shall be a Federal expense; and 

16 (B) shall not exceed $500,000. 

17 (2) WAIVER.—The Chief of Engineers may 

18 waive the $500,000 limitation contained in para19 graph (1)(B) in cases that the Chief of Engineers 

20 determines appropriate. 

21 (h) APPLICABILITY.—This section shall apply to— 

22 (1) project studies initiated during the 2-year 

23 period preceding the date of enactment of this Act 

24 and for which the array of alternatives to be consid25 ered has not been identified; and 


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1 (2) project studies initiated during the period 

2 beginning on such date of enactment and ending 4 

3 years after such date of enactment. 

(i) REPORT.—Within 41 4 ⁄2 years of the date of enact5 ment of this section, the Chief of Engineers shall submit 

6 a report to Congress on the implementation of this section. 

7 (j) NONAPPLICABILITY OF FACA.—The Federal Ad8 visory Committee Act (5 U.S.C. App.) shall not apply to 

9 any peer review panel established under this section. 

10 (k) SAVINGS CLAUSE.—Nothing in this section shall 

11 be construed to affect any authority of the Chief of Engi12 neers to cause or conduct a peer review of a water re13 sources project existing on the date of enactment of this 

14 section. 

15 (l) DEFINITIONS.—In this section, the following defi16 nitions apply: 

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

18 study’’ means a feasibility study or reevaluation 

19 study for a project. The term also includes any other 

20 study associated with a modification or update of a 

21 project that includes an environmental impact state22 ment, including the environmental impact statement. 

23 (2) AFFECTED STATE.—The term ‘‘affected 

24 State’’, as used with respect to a project, means a 

25 State all or a portion of which is within the drainage 


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1 basin in which the project is or would be located and 

2 would be economically or environmentally affected as 

3 a consequence of the project. 

4 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi5 ble organization’’ means an organization that— 

6 (A) is described in section 501(c)(3), and 

7 exempt from Federal tax under section 501(a), 

8 of the Internal Revenue Code of 1986; 

9 (B) is independent; 

10 (C) is free from conflicts of interest; 

11 (D) does not carry out or advocate for or 

12 against Federal water resources projects; and 

13 (E) has experience in establishing and ad14 ministering peer review panels. 

15 SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES 

16 PROJECTS. 

17 (a) STUDIES.— 

18 (1) COST-SHARING REQUIREMENTS.—Section 

19 105(a) of the Water Resources Development Act of 

20 1986 (33 U.S.C. 2215(a)) is amended by adding at 

21 the end the following: 

22 ‘‘(3) DETAILED PROJECT REPORTS.—The re23 quirements of this subsection that apply to a feasi24 bility study also shall apply to a study that results 

25 in a detailed project report, except that— 


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1 ‘‘(A) the first $100,000 of the costs of a 

2 study that results in a detailed project report 

3 shall be a Federal expense; and 

4 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

5 to such a study.’’. 

6 (2) PLANNING AND ENGINEERING.—Section 

7 105(b) of such Act (33 U.S.C. 2215(b)) is amended 

8 by striking ‘‘authorized by this Act’’. 

9 (3) DEFINITIONS.—Section 105 of such Act (33 

10 U.S.C. 2215) is amended by adding at the end the 

11 following: 

12 ‘‘(d) DEFINITIONS.—In this section, the following 

13 definitions apply: 

14 ‘‘(1) DETAILED PROJECT REPORT.—The term 

15 ‘detailed project report’ means a report for a project 

16 not specifically authorized by Congress in law or 

17 otherwise that determines the feasibility of the 

18 project with a level of detail appropriate to the scope 

19 and complexity of the recommended solution and 

20 sufficient to proceed directly to the preparation of 

21 contract plans and specifications. The term includes 

22 any associated environmental impact statement and 

23 mitigation plan. For a project for which the Federal 

24 cost does not exceed $1,000,000, the term includes 

25 a planning and design analysis document. 


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1 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasi2 bility study’ means a study that results in a feasi3 bility report under section 905, and any associated 

4 environmental impact statement and mitigation 

5 plan, prepared by the Corps of Engineers for a 

6 water resources project. The term includes a study 

7 that results in a project implementation report pre8 pared under title VI of the Water Resources Devel9 opment Act of 2000 (114 Stat. 2680–2694), a gen10 eral reevaluation report, and a limited reevaluation 

11 report.’’. 

12 (b) REPORTS.— 

13 (1) PREPARATION.—Section 905(a) of the 

14 Water Resources Development Act of 1986 (33 

15 U.S.C. 2282(a)) is amended— 

16 (A) by striking ‘‘(a) In the case of any’’ 

17 and inserting the following: 

18 ‘‘(a) PREPARATION OF REPORTS.— 

19 ‘‘(1) IN GENERAL.—In the case of any’’; 

20 (B) by striking ‘‘the Secretary, the Sec21 retary shall’’ and inserting ‘‘the Secretary that 

22 results in recommendations concerning a 

23 project or the operation of a project and that 

24 requires specific authorization by Congress in 


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1 law or otherwise, the Secretary shall perform a 

2 reconnaissance study and’’; 

3 (C) by striking ‘‘Such feasibility report’’ 

4 and inserting the following: 

5 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

6 feasibility report’’; 

7 (D) by striking ‘‘The feasibility report’’ 

8 and inserting ‘‘A feasibility report’’; and 

9 (E) by striking the last sentence and in10 serting the following: 

11 ‘‘(3) APPLICABILITY.—This subsection shall not 

12 apply to— 

13 ‘‘(A) any study with respect to which a re14 port has been submitted to Congress before the 

15 date of enactment of this Act; 

16 ‘‘(B) any study for a project, which project 

17 is authorized for construction by this Act and 

18 is not subject to section 903(b); 

19 ‘‘(C) any study for a project which does 

20 not require specific authorization by Congress 

21 in law or otherwise; and 

22 ‘‘(D) general studies not intended to lead 

23 to recommendation of a specific water resources 

24 project. 


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1 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

2 subsection, the term ‘feasibility report’ means each 

3 feasibility report, and any associated environmental 

4 impact statement and mitigation plan, prepared by 

5 the Corps of Engineers for a water resources 

6 project. The term includes a project implementation 

7 report prepared under title VI of the Water Re8 sources Development Act of 2000 (114 Stat. 2680– 

9 2694), a general reevaluation report, and a limited 

10 reevaluation report.’’. 

11 (2) PROJECTS NOT SPECIFICALLY AUTHORIZED

12 BY CONGRESS.—Section 905 of such Act is further 

13 amended— 

14 (A) in subsection (b) by inserting ‘‘RECON15 NAISSANCE STUDIES.—’’ before ‘‘Before initi16 ating’’; 

17 (B) by redesignating subsections (c), (d), 

18 and (e) as subsections (d), (e), and (f), respec19 tively; 

20 (C) by inserting after subsection (b) the 

21 following: 

22 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

23 CONGRESS.—In the case of any water resources project24 related study authorized to be undertaken by the Sec25 retary without specific authorization by Congress in law 


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1 or otherwise, the Secretary shall prepare a detailed project 

2 report.’’; 

3 (D) in subsection (d) (as so redesignated) 

4 by inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For 

5 purposes of’’; and 

6 (E) in subsection (e) (as so redesignated) 

7 by inserting ‘‘STANDARD AND UNIFORM PRO8 CEDURES AND PRACTICES.—’’ before ‘‘The Sec9 retary shall’’. 

10 SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT. 

11 (a) IN GENERAL.—In conducting a feasibility study 

12 for the project for navigation, Atchafalaya River, Bayous 

13 Chene, Boeuf, and Black, Louisiana, being conducted 

14 under section 430 of the Water Resources Development 

15 Act of 2000 (114 Stat. 2639), and for the project for navi16 gation, Houma Navigation Canal, Louisiana, being con17 ducted pursuant to the Energy and Water Development 

18 Appropriations Act, 1995 (Public Law 103–316), the Sec19 retary shall include in the calculation of national economic 

20 development benefits all economic benefits associated with 

21 contracts for new energy exploration and contracts for the 

22 fabrication of energy infrastructure that would result from 

23 carrying out the project. 

24 (b) REPEAL.—Section 6009 of the Emergency Sup25 plemental Appropriations Act for Defense, the Global War 


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1 on Terror, and Tsunami Relief, 2005 (Public Law 109– 

2 13; 119 Stat. 282) is repealed. 

3 SEC. 2040. USE OF FIRMS EMPLOYING LOCAL RESIDENTS. 

4 (a) CONTRACTS OR AGREEMENTS WITH PRIVATE

5 ENTITIES.—In carrying out construction of a water re6 sources project, the Secretary may enter into a contract 

7 or agreement with a private entity only if the private enti8 ty provides assurances satisfactory to the Secretary that, 

9 to the maximum extent practicable— 

10 (1) local residents in the area of the project will 

11 comprise not less than 50 percent of the workforce 

12 employed by the entity to perform the contract or 

13 agreement; and 

14 (2) local residents in the area of the project will 

15 comprise not less than 50 percent of the workforce 

16 employed by each subcontractor at each tier in con17 nection with the contract or agreement. 

18 (b) EXEMPTIONS.— 

19 (1) IN GENERAL.—The Secretary may waive 

20 the application of subsection (a) with respect to a 

21 contract or agreement if the Secretary determines 

22 that compliance with subsection (a) is not feasible 

23 due to— 


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1 (A) a lack of qualified local residents to 

2 permit satisfaction of the requirements of sub3 section (a); 

4 (B) a lack of sufficient numbers of special5 ized workers necessary to carry out the project; 

6 or 

7 (C) the need to comply with small business 

8 or minority contracting requirements under 

9 Federal law. 

10 (2) DOCUMENTATION.—Any determination by 

11 the Secretary under paragraph (1) to waive the ap12 plication of subsection (a) with respect to a contract 

13 or agreement shall be justified in writing. 

14 (c) REGULATIONS.—The Secretary shall issue regula15 tions establishing local residency and other requirements 

16 to facilitate compliance with this section. 

17 (d) PRIOR CONTRACTS.—Nothing in this section shall 

18 be construed to affect any contract or agreement entered 

19 into before the effective date of this section. 

20 (e) EFFECTIVE DATE.—This section shall become ef21 fective 180 days after the date of enactment of this Act. 

22 SEC. 2041. SUPPORT OF ARMY CIVIL WORKS PROGRAM. 

23 (a) IN GENERAL.—Notwithstanding section 2361 of 

24 title 10, United States Code, the Secretary is authorized 


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1 to provide assistance through contracts, cooperative agree2 ments, and grants to— 

3 (1) the University of Tennessee, Knoxville, Ten4 nessee, for establishment and operation of the 

5 Southeastern Water Resources Institute to study 

6 sustainable development and utilization of water re7 sources in the southeastern United States; 

8 (2) Lewis and Clark Community College, Illi9 nois, for the Great Rivers National Research and 

10 Education Center (including facilities that have been 

11 or will be constructed at one or more locations in the 

12 vicinity of the confluence of the Illinois River, the 

13 Missouri River, and the Mississippi River), a collabo14 rative effort of Lewis and Clark Community College, 

15 the University of Illinois, the Illinois Department of 

16 Natural Resources and Environmental Sciences, and 

17 other entities, for the study of river ecology, devel18 oping watershed and river management strategies, 

19 and educating students and the public on river 

20 issues; and 

21 (3) the University of Texas at Dallas for sup22 port and operation of the International Center for 

23 Decision and Risk Analysis to study risk analysis 

24 and control methods for transboundary water re25 sources management in the southwestern United 


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1 States and other international water resources man2 agement problems. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out subsection (a)(1) $5,000,000, to carry out subsection 

6 (a)(2) $5,000,000, and to carry out subsection (a)(3) 

7 $5,000,000. Such sums shall remain available until ex8 pended. 

9 SEC. 2042. FEDERAL HOPPER DREDGES. 

10 Section 3(c) of the Act of August 11, 1888 (33 

11 U.S.C. 622; 25 Stat. 423), is amended— 

12 (1) in paragraph (7)(B) by adding at the end 

13 the following: ‘‘This subparagraph shall not apply to 

14 the Federal hopper dredges Essayons and Yaquina 

15 of the Corps of Engineers.’’; and 

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

17 ‘‘(9) READY RESERVE FOR THE HOPPER

18 DREDGE MCFARLAND.—The Secretary shall place 

19 the Federal hopper dredge McFarland of the Corps 

20 of Engineers in ready reserve status not later than 

21 October 1, 2008.’’. 

22 SEC. 2043. CRITERIA FOR OPERATION AND MAINTENANCE 

23 OF HARBOR DREDGING PROJECTS. 

24 The Secretary shall budget and request appropria25 tions for operation and maintenance of harbor dredging 


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1 projects based only upon criteria used for such projects 

2 in fiscal year 2004 and shall not use a budget standard 

3 for such projects based on the amount of tonnage a harbor 

4 handles. 

5 TITLE III—PROJECT-RELATED 

6 PROVISIONS 

7 SEC. 3001. COOK INLET, ALASKA. 

8 Section 118(a)(3) of the Energy and Water Develop9 ment Appropriations Act, 2005 (title I of division C of 

10 the Consolidated Appropriations Act, 2005; 118 Stat. 

11 2945) is amended by inserting ‘‘as part of the operation 

12 and maintenance of such project modification’’ after ‘‘by 

13 the Secretary’’. 

14 SEC. 3002. KING COVE HARBOR, ALASKA. 

15 The maximum amount of Federal funds that may be 

16 expended for the project for navigation, King Cove Har17 bor, Alaska, being carried out under section 107 of the 

18 River and Harbor Act of 1960 (33 U.S.C. 577), shall be 

19 $8,000,000. 

20 SEC. 3003. SITKA, ALASKA. 

21 The Sitka, Alaska, element of the project for naviga22 tion, Southeast Alaska Harbors of Refuge, Alaska, author23 ized by section 101(1) of the Water Resources Develop24 ment Act of 1992 (106 Stat. 4801), is modified to direct 

25 the Secretary to take such action as is necessary to correct 


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1 design deficiencies in the Sitka Harbor Breakwater, at full 

2 Federal expense. The estimated cost is $6,300,000. 

3 SEC. 3004. TATITLEK, ALASKA. 

4 The maximum amount of Federal funds that may be 

5 expended for the project for navigation, Tatitlek, Alaska, 

6 being carried out under section 107 of the River and Har7 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 

8 SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA. 

9 The project for flood damage reduction, Rio De Flag, 

10 Flagstaff, Arizona, authorized by section 101(b)(3) of the 

11 Water Resources Development Act of 2000 (114 Stat. 

12 2576), is modified to authorize the Secretary to construct 

13 the project at a total cost of $54,100,000, with an esti14 mated Federal cost of $35,000,000 and a non-Federal cost 

15 of $19,100,000. 

16 SEC. 3006. OSCEOLA HARBOR, ARKANSAS. 

17 (a) IN GENERAL.—The project for navigation, Osce18 ola Harbor, Arkansas, constructed under section 107 of 

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

20 modified to allow non-Federal interests to construct a 

21 mooring facility within the existing authorized harbor 

22 channel, subject to all necessary permits, certifications, 

23 and other requirements. 

24 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

25 Nothing in this section shall be construed as affecting the 


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1 responsibility of the Secretary to maintain the general 

2 navigation features of the project at a bottom width of 

3 250 feet. 

4 SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. 

5 The Pine Mountain Dam feature of the project for 

6 flood protection, Lee Creek, Arkansas and Oklahoma, au7 thorized by section 204 of the Flood Control Act of 1965 

8 (79 Stat. 1078), is modified— 

9 (1) to add environmental restoration as a 

10 project purpose; and 

11 (2) to direct the Secretary to finance the non12 Federal share of the cost of the project over a 30- 

13 year period in accordance with section 103(k) of the 

14 Water Resources Development Act of 1986 (33 

15 U.S.C. 2213(k)). 

16 SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI17 FORNIA. 

18 (a) IN GENERAL.—The project for flood control, 

19 American and Sacramento Rivers, California, authorized 

20 by section 101(a)(6)(A) of the Water Resources Develop21 ment Act of 1999 (113 Stat. 274), as modified by section 

22 128 of the Energy and Water Development Appropriations 

23 Act, 2006 (119 Stat. 2259), is further modified to author24 ize the Secretary to construct the auxiliary spillway gen25 erally in accordance with the Post Authorization Change 


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1 Report, American River Watershed Project (Folsom Dam 

2 Modification and Folsom Dam Raise Projects), dated De3 cember 2006, at a total cost of $683,000,000, with an es4 timated Federal cost of $444,000,000 and an estimated 

5 non-Federal cost of $239,000,000. 

6 (b) DAM SAFETY ACTIVITIES.—Nothing in this sec7 tion shall be construed to limit the authority of the Sec8 retary of the Interior to carry out dam safety activities 

9 in connection with the auxiliary spillway in accordance 

10 with the Bureau of Reclamation Safety of Dams Program. 

11 (c) TRANSFER OF FUNDS.—The Secretary and the 

12 Secretary of the Interior are authorized to transfer be13 tween their respective agencies appropriated amounts and 

14 other available funds (including funds contributed by non15 Federal interests) for the purpose of planning, design, and 

16 construction of the auxiliary spillway. Any transfer made 

17 pursuant to this subsection shall be subject to such terms 

18 and conditions as agreed upon by the Secretary and the 

19 Secretary of the Interior. 

20 SEC. 3009. COMPTON CREEK, CALIFORNIA. 

21 The project for flood control, Los Angeles Drainage 

22 Area, California, authorized by section 101(b) of the 

23 Water Resources Development Act of 1990 (104 Stat. 

24 4611), is modified to add environmental restoration and 

25 recreation as project purposes. 


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1 SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI2 FORNIA. 

3 The project for aquatic ecosystem restoration, Gray4 son Creek/Murderer’s Creek, California, being carried out 

5 under section 206 of the Water Resources Development 

6 Act of 1996 (33 U.S.C. 2330), is modified— 

7 (1) to direct the Secretary to credit toward the 

8 non-Federal share of the cost of the project the cost 

9 of work carried out by the non-Federal interest be10 fore the date of the partnership agreement for the 

11 project if the Secretary determines that the work is 

12 integral to the project; and 

13 (2) to authorize the Secretary to consider na14 tional ecosystem restoration benefits in determining 

15 the Federal interest in the project. 

16 SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA. 

17 The project for environmental restoration, Hamilton 

18 Airfield, California, authorized by section 101(b)(3) of the 

19 Water Resources Development Act of 1999 (113 Stat. 

20 279), is modified to direct the Secretary to construct the 

21 project substantially in accordance with the report of the 

22 Chief of Engineers dated July 19, 2004, at a total cost 

23 of $228,100,000, with an estimated Federal cost of 

24 $171,100,000 and an estimated non-Federal cost of 

25 $57,000,000. 


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1 SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCK2 TON SHIP CHANNEL, CALIFORNIA. 

3 The project for navigation, San Francisco to Stock4 ton, California, authorized by section 301 of the River and 

5 Harbor Act of 1965 (79 Stat. 1091) is modified— 

6 (1) to provide that the non-Federal share of the 

7 cost of the John F. Baldwin Ship Channel and 

8 Stockton Ship Channel element of the project may 

9 be provided in the form of in-kind services and ma10 terials; and 

11 (2) to direct the Secretary to credit toward the 

12 non-Federal share of the cost of such element the 

13 cost of planning and design work carried out by the 

14 non-Federal interest before the date of an agreement 

15 for such planning and design if the Secretary deter16 mines that such work is integral to such element. 

17 SEC. 3013. KAWEAH RIVER, CALIFORNIA. 

18 The project for flood control, Terminus Dam, 

19 Kaweah River, California, authorized by section 101(b)(5) 

20 of the Water Resources Development Act of 1996 (110 

21 Stat. 3658), is modified to direct the Secretary to credit 

22 toward the non-Federal share of the cost of the project, 

23 or provide reimbursement not to exceed $800,000, for the 

24 costs of any work carried out by the non-Federal interest 

25 before, on, or after the date of the project partnership 


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1 agreement if the Secretary determines that the work is 

2 integral to the project. 

3 SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI4 FORNIA. 

5 The project for navigation, Larkspur Ferry Channel, 

6 Larkspur, California, authorized by section 601(d) of the 

7 Water Resources Development Act of 1986 (100 Stat. 

8 4148), is modified to direct the Secretary to determine 

9 whether maintenance of the project is feasible, and if the 

10 Secretary determines that maintenance of the project is 

11 feasible, to carry out such maintenance. 

12 SEC. 3015. LLAGAS CREEK, CALIFORNIA. 

13 (a) IN GENERAL.—The project for flood damage re14 duction, Llagas Creek, California, authorized by section 

15 501(a) of the Water Resources Development Act of 1999 

16 (113 Stat. 333), is modified to authorize the Secretary 

17 to carry out the project at a total cost of $105,000,000, 

18 with an estimated Federal cost of $65,000,000, and an 

19 estimated non-Federal cost of $40,000,000. 

20 (b) SPECIAL RULE.—In evaluating and implementing 

21 the project, the Secretary shall allow the non-Federal in22 terest to participate in the financing of the project in ac23 cordance with section 903(c) of the Water Resources De24 velopment Act of 1986 (100 Stat. 4184) to the extent that 


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1 the Secretary’s evaluation indicates that applying such 

2 section is necessary to implement the project. 

3 SEC. 3016. MAGPIE CREEK, CALIFORNIA. 

4 (a) IN GENERAL.—The project for Magpie Creek, 

5 California, authorized under section 205 of the Flood Con6 trol Act of 1948 (33 U.S.C. 701s), is modified to direct 

7 the Secretary to apply the cost-sharing requirements of 

8 section 103(b) of the Water Resources Development Act 

9 of 1986 (100 Stat. 4085) for the portion of the project 

10 consisting of land acquisition to preserve and enhance ex11 isting floodwater storage. 

12 (b) CREDIT.—The Secretary shall credit toward the 

13 non-Federal share of the cost of the project the cost of 

14 planning and design work carried out by the non-Federal 

15 interest before the date of the partnership agreement for 

16 the project if the Secretary determines that the work is 

17 integral to the project. 

18 SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI19 FORNIA. 

20 The project for aquatic ecosystem restoration, Pacific 

21 Flyway Center, Sacramento, California, being carried out 

22 under section 206 of the Water Resources Development 

23 Act of 1996 (33 U.S.C. 2330), is modified to authorize 

24 the Secretary to expend $2,000,000 to enhance public ac25 cess to the project. 


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1 SEC. 3018. PINOLE CREEK, CALIFORNIA. 

2 The project for improvement of the quality of the en3 vironment, Pinole Creek Phase I, California, being carried 

4 out under section 1135 of the Water Resources Develop5 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

6 the Secretary to credit toward the non-Federal share of 

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

8 the non-Federal interest before the date of the partnership 

9 agreement for the project if the Secretary determines that 

10 the work is integral to the project. 

11 SEC. 3019. PRADO DAM, CALIFORNIA. 

12 Upon completion of the modifications to the Prado 

13 Dam element of the project for flood control, Santa Ana 

14 River Mainstem, California, authorized by section 401(a) 

15 of the Water Resources Development Act of 1986 (100 

16 Stat. 4113), the Memorandum of Agreement for the Oper17 ation for Prado Dam for Seasonal Additional Water Con18 servation between the Department of the Army and the 

19 Orange County Water District (including all the condi20 tions and stipulations in the memorandum) shall remain 

21 in effect for volumes of water made available prior to such 

22 modifications. 

23 SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD 

24 CONTROL, CALIFORNIA. 

25 (a) IN GENERAL.—The Secretary shall provide credit 

26 to the Sacramento Area Flood Control Agency, in the 


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1 amount of $20,503,000, for the non-reimbursed Federal 

2 share of costs incurred by the Agency in connection the 

3 project for flood control and recreation, Sacramento and 

4 American Rivers, California (Natomas Levee features), 

5 authorized by section 9159 of the Department of Defense 

6 Appropriations Act, 1993 (106 Stat. 1944). 

7 (b) ALLOCATION OF CREDIT.—The Secretary shall 

8 allocate the amount to be credited under subsection (a) 

9 toward the non-Federal share of such projects as are re10 quested by the Sacramento Area Flood Control Agency. 

11 SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, 

12 CALIFORNIA. 

13 The project for navigation, Sacramento Deep Water 

14 Ship Channel, California, authorized by section 202(a) of 

15 the Water Resources Development Act of 1986 (100 Stat. 

16 4092), is modified to direct the Secretary to credit toward 

17 the non-Federal share of the cost of the project the cost 

18 of planning and design work carried out by the non-Fed19 eral interest before the date of the partnership agreement 

20 for the project if the Secretary determines that the work 

21 is integral to the project. 

22 SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA. 

23 The project for navigation, Santa Cruz Harbor, Cali24 fornia, authorized by section 101 of the River and Harbor 

25 Act of 1958 (72 Stat. 300) and modified by section 809 


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1 of the Water Resources Development Act of 1986 (100 

2 Stat. 4168) and section 526 of the Water Resources De3 velopment Act of 1999 (113 Stat. 346), is modified to di4 rect the Secretary— 

5 (1) to renegotiate the memorandum of agree6 ment with the non-Federal interest to increase the 

7 annual payment to reflect the updated cost of oper8 ation and maintenance that is the Federal and non9 Federal share as provided by law based on the 

10 project purpose; and 

11 (2) to revise the memorandum of agreement to 

12 include terms that revise such payments for infla13 tion. 

14 SEC. 3023. SEVEN OAKS DAM, CALIFORNIA. 

15 The project for flood control, Santa Ana Mainstem, 

16 authorized by section 401(a) of the Water Resources De17 velopment Act of 1986 (100 Stat. 4113) and modified by 

18 section 104 of the Energy and Water Development Appro19 priations Act, 1988 (101 Stat. 1329–11), section 102(e) 

20 of the Water Resources Development Act of 1990 (104 

21 Stat. 4611), and section 311 of the Water Resources De22 velopment Act of 1996 (110 Stat. 3713), is further modi23 fied to direct the Secretary to conduct a study of water 

24 conservation and water quality at the Seven Oaks Dam, 

25 California, for water conservation. 


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1 SEC. 3024. UPPER GUADALUPE RIVER, CALIFORNIA. 

2 The project for flood damage reduction and recre3 ation, Upper Guadalupe River, California, authorized by 

4 section 101(a)(9) of the Water Resources Development 

5 Act of 1999 (113 Stat. 275), is modified to authorize the 

6 Secretary to construct the project generally in accordance 

7 with the Upper Guadalupe River Flood Damage Reduc8 tion, San Jose, California, Limited Reevaluation Report, 

9 dated March, 2004, at a total cost of $244,500,000. 

10 SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA. 

11 The project for aquatic ecosystem restoration, Wal12 nut Creek Channel, California, being carried out under 

13 section 206 of the Water Resources Development Act of 

14 1996 (33 U.S.C. 2330), is modified— 

15 (1) to direct the Secretary to credit toward the 

16 non-Federal share of the cost of the project the cost 

17 of work carried out by the non-Federal interest be18 fore the date of the partnership agreement for the 

19 project if the Secretary determines that the work is 

20 integral to the project; and 

21 (2) to authorize the Secretary to consider na22 tional ecosystem restoration benefits in determining 

23 the Federal interest in the project. 


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1 SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALI2 FORNIA. 

3 The project for improvement of the quality of the en4 vironment, Wildcat/San Pablo Creek Phase I, California, 

5 being carried out under section 1135 of the Water Re6 sources Development Act of 1986 (33 U.S.C. 2309a), is 

7 modified to direct the Secretary to credit toward the non8 Federal share of the cost of the project the cost of work 

9 carried out by the non-Federal interest before the date of 

10 the partnership agreement for the project if the Secretary 

11 determines that the work is integral to the project. 

12 SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALI13 FORNIA. 

14 The project for aquatic ecosystem restoration, Wild15 cat/San Pablo Creek Phase II, California, being carried 

16 out under section 206 of the Water Resources Develop17 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 

18 the Secretary to credit toward the non-Federal share of 

19 the cost of the project the cost of work carried out by 

20 the non-Federal interest before the date of the partnership 

21 agreement for the project if the Secretary determines that 

22 the work is integral to the project and to authorize the 

23 Secretary to consider national ecosystem restoration bene24 fits in determining the Federal interest in the project. 


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1 SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

2 The project for flood damage reduction, Yuba River 

3 Basin, California, authorized by section 101(a)(10) of the 

4 Water Resources Development Act of 1999 (113 Stat. 

5 275), is modified— 

6 (1) to authorize the Secretary to construct the 

7 project at a total cost of $107,700,000, with an esti8 mated Federal cost of $70,000,000 and an esti9 mated non-Federal cost of $37,700,000; and 

10 (2) to direct the Secretary to credit toward the 

11 non-Federal share of the cost of the project the cost 

12 of work carried out by the non-Federal interest be13 fore the date of the partnership agreement for the 

14 project if the Secretary determines that the work is 

15 integral to the project. 

16 SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO. 

17 Section 808 of the Water Resources Development Act 

18 of 1986 (100 Stat. 4168) is amended by striking ‘‘agri19 culture,’’ and inserting ‘‘agriculture, environmental res20 toration,’’. 

21 SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER 

22 TO CHESAPEAKE BAY, DELAWARE AND MARY23 LAND. 

24 The project for navigation, Intracoastal Waterway, 

25 Delaware River to Chesapeake Bay, Delaware and Mary26 land, authorized by the first section of the Rivers and HarVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 bors Act of August 30, 1935 (49 Stat. 1030), and section 

2 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

3 is modified to add recreation as a project purpose. 

4 SEC. 3031. BREVARD COUNTY, FLORIDA. 

5 (a) SHORELINE.—The project for shoreline protec6 tion, Brevard County, Florida, authorized by section 

7 101(b)(7) of the Water Resources Development Act of 

8 1996 (110 Stat. 3667), is modified— 

9 (1) to direct the Secretary to establish the 

10 reach of the project as the reach between the Flor11 ida department of environmental protection monu12 ments 75.4 to 118.3, a distance of 7.6 miles; and 

13 (2) to direct the Secretary to expedite the gen14 eral reevaluation report required by section 418 of 

15 the Water Resources Development Act of 2000 (114 

16 Stat. 2637). 

17 (b) CREDIT.—Section 310 of the Water Resources 

18 Development Act of 1999 (113 Stat. 301) is amended by 

19 adding at the end the following: 

20 ‘‘(d) CREDIT.—After completion of the study, the 

21 Secretary shall credit toward the non-Federal share of the 

22 cost of the project for shore protection the cost of nourish23 ment and renourishment associated with the project for 

24 shore protection incurred by the non-Federal interest to 

25 respond to damages to Brevard County beaches that are 


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1 the result of a Federal navigation project, as determined 

2 in the final report for the study.’’. 

3 SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, 

4 FLORIDA. 

5 The project for shore protection, Broward County 

6 and Hillsboro Inlet, Florida, authorized by section 301 of 

7 the River and Harbor Act of 1965 (79 Stat. 1090), and 

8 modified by section 311 of the Water Resources Develop9 ment Act of 1999 (113 Stat. 301), is further modified to 

10 direct the Secretary to credit toward the non-Federal 

11 share of the cost of the project the cost of mitigation con12 struction and derelict erosion control structure removal 

13 carried out by the non-Federal interest before the date of 

14 the partnership agreement for the project if the Secretary 

15 determines that the work is integral to the project. 

16 SEC. 3033. CANAVERAL HARBOR, FLORIDA. 

17 In carrying out the project for navigation, Canaveral 

18 Harbor, Florida, authorized by section 101 of the River 

19 and Harbor Act of 1962 (76 Stat. 1174), the Secretary 

20 shall construct a sediment trap. 

21 SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

22 The project for shore protection, Gasparilla and 

23 Estero Island segments, Lee County, Florida, authorized 

24 by section 201 of the Flood Control Act of 1965 (79 Stat. 

25 1073), by Senate Resolution dated December 17, 1970, 


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1 and by House Resolution dated December 15, 1970, and 

2 modified by section 309 of the Water Resources Develop3 ment Act of 2000 (114 Stat. 2602), is further modified 

4 to direct the Secretary to credit toward the non-Federal 

5 share of the cost of the project the cost of work carried 

6 out by the non-Federal interest before the date of the part7 nership agreement for the project if the Secretary deter8 mines that the work is integral to the project. 

9 SEC. 3035. JACKSONVILLE HARBOR, FLORIDA. 

10 (a) IN GENERAL.—The project for navigation, Jack11 sonville Harbor, Florida, authorized by section 101(a)(17) 

12 of the Water Resources Development Act of 1999 (113 

13 Stat. 276), is modified to authorize the Secretary to ex14 tend the navigation features in accordance with the Report 

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

16 cost of $14,658,000, with an estimated Federal cost of 

17 $9,636,000 and an estimated non-Federal cost of 

18 $5,022,000. 

19 (b) GENERAL REEVALUATION REPORTS.—The non20 Federal share of the cost of the general reevaluation re21 port that resulted in the report of the Chief of Engineers 

22 for the project and the non-Federal share of the cost of 

23 the general reevaluation report for Jacksonville Harbor, 

24 Florida, being conducted on June 1, 2005, shall each be 


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1 the same percentage as the non-Federal share of the cost 

2 of construction of the project. 

3 (c) AGREEMENT.—The Secretary shall enter into new 

4 partnership agreements with the non-Federal interest to 

5 reflect the cost sharing required by subsection (b). 

6 SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA. 

7 (a) IN GENERAL.—The project for shore protection, 

8 Lido Key Beach, Sarasota, Florida, authorized by section 

9 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

10 deauthorized under section 1001(b) of the Water Re11 sources Development Act of 1986 (33 U.S.C. 579a(b)), 

12 and reauthorized by section 364(2)(A) of the Water Re13 sources Development Act of 1999 (113 Stat. 313), is 

14 modified to direct the Secretary to construct the project 

15 substantially in accordance with the report of the Chief 

16 of Engineers dated December 22, 2004, at a total cost 

17 of $15,190,000, with an estimated Federal cost of 

18 $9,320,000 and an estimated non-Federal cost of 

19 $5,870,000, and at an estimated total cost of $65,000,000 

20 for periodic nourishment over the 50-year life of the 

21 project. 

22 (b) CONSTRUCTION OF SHORELINE PROTECTION

23 PROJECTS BY NON-FEDERAL INTERESTS.—The Sec24 retary shall enter into a partnership agreement with the 

25 non-Federal interest in accordance with section 206 of the 


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

2 426i–1) for the modified project. 

3 SEC. 3037. MIAMI HARBOR, FLORIDA. 

4 The project for navigation, Miami Harbor Channel, 

5 Florida, authorized by section 101(a)(9) of the Water Re6 sources Development Act of 1990 (104 Stat. 4606) and 

7 modified by section 315 of the Water Resources Develop8 ment Act of 1999 (113 Stat. 302), is further modified— 

9 (1) to include as a project purpose environ10 mental mitigation required before July 18, 2003, by 

11 a Federal, State, or local environmental agency for 

12 unauthorized or unanticipated environmental im13 pacts within, or in the vicinity of, the authorized 

14 project; and 

15 (2) to direct the Secretary to reimburse the 

16 non-Federal interest for the Federal share of the 

17 costs the non-Federal interest has incurred in con18 struction of the project (including environmental 

19 mitigation costs and costs incurred for incomplete 

20 usable increments of the project) in accordance with 

21 section 204 of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2232). 

23 SEC. 3038. PEANUT ISLAND, FLORIDA. 

24 The maximum amount of Federal funds that may be 

25 expended for the project for improvement of the quality 


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1 of the environment, Peanut Island, Palm Beach County, 

2 Florida, being carried out under section 1135 of the Water 

3 Resources Development Act of 1986 (33 U.S.C. 2309a) 

4 shall be $9,750,000. 

5 SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

6 The project for navigation, Tampa Harbor-Big Bend 

7 Channel, Florida, authorized by section 101(a)(18) of the 

8 Water Resources Development Act of 1999 (113 Stat. 

9 276) is modified to direct the Secretary to credit toward 

10 the non-Federal share of the cost of the project the cost 

11 of planning, design, and construction work carried out by 

12 the non-Federal interest before the date of the partnership 

13 agreement for the project if the Secretary determines that 

14 the work is integral to the project. 

15 SEC. 3040. TAMPA HARBOR CUT B, FLORIDA. 

16 (a) IN GENERAL.—The project for navigation, 

17 Tampa Harbor, Florida, authorized by section 101 of the 

18 River and Harbor Act of 1970 (84 Stat. 1818), is modified 

19 to authorize the Secretary to construct passing lanes in 

20 an area approximately 3.5 miles long and centered on 

21 Tampa Harbor Cut B if the Secretary determines that 

22 such improvements are necessary for navigation safety. 

23 (b) GENERAL REEVAULATION REPORT.—The non24 Federal share of the cost of the general reevaluation re25 port for Tampa Harbor, Florida, being conducted on June 


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1 1, 2005, shall be the same percentage as the non-Federal 

2 share of the cost of construction of the project. 

3 (c) AGREEMENT.—The Secretary shall enter into a 

4 new partnership agreement with the non-Federal interest 

5 to reflect the cost sharing required by subsection (b). 

6 SEC. 3041. ALLATOONA LAKE, GEORGIA. 

7 (a) LAND EXCHANGE.— 

8 (1) IN GENERAL.—The Secretary may exchange 

9 lands above 863 feet in elevation at Allatoona Lake, 

10 Georgia, identified in the Real Estate Design Memo11 randum prepared by the Mobile district engineer, 

12 April 5, 1996, and approved October 8, 1996, for 

13 lands on the north side of Allatoona Lake that are 

14 needed for wildlife management and for protection 

15 of the water quality and overall environment of 

16 Allatoona Lake. 

17 (2) TERMS AND CONDITIONS.—The basis for all 

18 land exchanges under this subsection shall be a fair 

19 market appraisal so that lands exchanged are of 

20 equal value. 

21 (b) DISPOSAL AND ACQUISITION OF LANDS, 

22 ALLATOONA LAKE, GEORGIA.— 

23 (1) IN GENERAL.—The Secretary may also sell 

24 lands above 863 feet in elevation at Allatoona Lake, 

25 Georgia, identified in the memorandum referred to 


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1 in subsection (a)(1) and may use the proceeds to 

2 pay costs associated with the purchase of lands 

3 needed for wildlife management and for protection 

4 of the water quality and overall environment of 

5 Allatoona Lake. 

6 (2) TERMS AND CONDITIONS.—Land sales and 

7 purchases to be conducted under this subsection 

8 shall be subject to the following terms and condi9 tions: 

10 (A) Lands acquired under this subsection 

11 shall be by negotiated purchase from willing 

12 sellers only. 

13 (B) The basis for all transactions under 

14 the program shall be a fair market appraisal 

15 acceptable to the Secretary. 

16 (C) The purchasers shall share in the asso17 ciated real estate costs, to include surveys and 

18 associated fees in accordance with the memo19 randum referred to in subsection (a)(1). 

20 (D) Any other conditions that the Sec21 retary may impose. 

22 (c) REPEAL.—Section 325 of the Water Resources 

23 Development Act of 1992 (106 Stat. 4849) is repealed. 


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1 SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

2 The maximum amount of Federal funds that may be 

3 expended for the project for improvement of the quality 

4 of the environment, Latham River, Glynn County, Geor5 gia, being carried out under section 1135 of the Water 

6 Resources Development Act of 1986 (33 U.S.C. 2309a) 

7 shall be $6,175,000. 

8 SEC. 3043. DWORSHAK DAM AND RESERVOIR IMPROVE9 MENTS, IDAHO. 

10 The Secretary may carry out improvements to rec11 reational facilities at the Dworshak Dam and Reservoir, 

12 North Fork, Clearwater River, Idaho, authorized by sec13 tion 203 of the Flood Control Act of 1962 (76 Stat. 1193), 

14 to accommodate lower pool levels. 

15 SEC. 3044. BEARDSTOWN COMMUNITY BOAT HARBOR, 

16 BEARDSTOWN, ILLINOIS. 

17 (a) IN GENERAL.—The project for navigation, 

18 Muscooten Bay, Illinois River, Beardstown Community 

19 Boat Harbor, Beardstown, Illinois, constructed under sec20 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

21 577), is modified— 

22 (1) to include the channel between the harbor 

23 and the Illinois River; and 

24 (2) to direct the Secretary to enter into a part25 nership agreement with the city of Beardstown to 

26 replace the local cooperation agreement dated AuVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 gust 18, 1983, with the Beardstown Community 

2 Park District. 

3 (b) TERMS OF PARTNERSHIP AGREEMENT.—The 

4 partnership agreement referred to in subsection (a) shall 

5 include the same rights and responsibilities as the local 

6 cooperation agreement dated August 18, 1983, changing 

7 only the identity of the non-Federal sponsor. 

8 (c) MAINTENANCE.—Following execution of the part9 nership agreement referred to in subsection (a), the Sec10 retary may carry out maintenance of the project referred 

11 to in subsection (a) on an annual basis. 

12 SEC. 3045. CACHE RIVER LEVEE, ILLINOIS. 

13 The Cache River Levee constructed for flood control 

14 at the Cache River, Illinois, and authorized by the Act of 

15 June 28, 1938 (52 Stat. 1217), is modified to add envi16 ronmental restoration as a project purpose. 

17 SEC. 3046. CHICAGO RIVER, ILLINOIS. 

18 The navigation channel for the North Branch Canal 

19 portion of the Chicago River, authorized by the first sec20 tion of the Rivers and Harbors Appropriations Act of 

21 March 3, 1899 (30 Stat. 1129), extending from 100 feet 

22 downstream of the Halsted Street Bridge to 100 feet up23 stream of the Division Street Bridge is modified to be no 

24 wider than 66 feet. 


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1 SEC. 3047. CHICAGO SANITARY AND SHIP CANAL DIS2 PERSAL BARRIERS PROJECT, ILLINOIS. 

3 (a) TREATMENT AS SINGLE PROJECT.—The Chicago 

4 Sanitary and Ship Canal Dispersal Barrier Project (in this 

5 section referred to as ‘‘Barrier I’’) (as in existence on the 

6 date of enactment of this Act), constructed as a dem7 onstration project under section 1202(i)(3) of the Non8 indigenous Aquatic Nuisance Prevention and Control Act 

9 of 1990 (16 U.S.C. 4722(i)(3)), and the project relating 

10 to the Chicago Sanitary and Ship Canal Dispersal Barrier, 

11 authorized by section 345 of the District of Columbia Ap12 propriations Act, 2005 (Public Law 108–335; 118 Stat. 

13 1352) (in this section referred to as ‘‘Barrier II’’), shall 

14 be considered to constitute a single project. 

15 (b) AUTHORIZATION.— 

16 (1) IN GENERAL.—The Secretary, at Federal 

17 expense, shall— 

18 (A) upgrade and make permanent Barrier 

19 I; 

20 (B) construct Barrier II, notwithstanding 

21 the project cooperation agreement with the 

22 State of Illinois dated June 14, 2005; 

23 (C) operate and maintain Barrier I and 

24 Barrier II as a system to optimize effectiveness; 

25 (D) conduct, in consultation with appro26 priate Federal, State, local, and nongovernVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 mental entities, a study of a range of options 

2 and technologies for reducing impacts of haz3 ards that may reduce the efficacy of the Bar4 riers; and 

5 (E) provide to each State a credit in an 

6 amount equal to the amount of funds contrib7 uted by the State toward Barrier II. 

8 (2) USE OF CREDIT.—A State may apply a 

9 credit provided to the State under paragraph (1)(E) 

10 to any cost sharing responsibility for an existing or 

11 future Federal project carried out by the Secretary 

12 in the State. 

13 (c) CONFORMING AMENDMENT.—Section 345 of the 

14 District of Columbia Appropriations Act, 2005 (Public 

15 Law 108–335; 118 Stat. 1352), is amended to read as 

16 follows: 

17 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DIS18 PERSAL BARRIER, ILLINOIS. 

19 ‘‘There are authorized to be appropriated such sums 

20 as may be necessary to carry out the Barrier II project 

21 of the project for the Chicago Sanitary and Ship Canal 

22 Dispersal Barrier, Illinois, initiated pursuant to section 

23 1135 of the Water Resources Development Act of 1986 

24 (33 U.S.C. 2294 note; 100 Stat. 4251).’’. 


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1 (d) FEASIBILITY STUDY.—The Secretary, in con2 sultation with appropriate Federal, State, local, and non3 governmental entities, shall conduct, at Federal expense, 

4 a feasibility study of the range of options and technologies 

5 available to prevent the spread of aquatic nuisance species 

6 between the Great Lakes and Mississippi River Basins 

7 through the Chicago Sanitary and Ship Canal and other 

8 pathways. 

9 SEC. 3048. EMIQUON, ILLINOIS. 

10 (a) MAXIMUM AMOUNT.—The maximum amount of 

11 Federal funds that may be expended for the project for 

12 aquatic ecosystem restoration, Emiquon, Illinois, being 

13 carried out under section 206 of the Water Resources De14 velopment Act of 1996 (33 U.S.C. 2330), shall be 

15 $7,500,000. 

16 (b) LIMITATION.—Nothing in this section shall affect 

17 the eligibility of the project for emergency repair assist18 ance under section 5(a) of the Act entitled ‘‘An Act au19 thorizing the construction of certain public works on rivers 

20 and harbors for flood control, and for other purposes’’, 

21 approved August 18, 1941 (33 U.S.C. 701n). 

22 SEC. 3049. LASALLE, ILLINOIS. 

23 In carrying out section 312 of the Water Resources 

24 Development Act of 1990 (104 Stat. 4639–4640), the SecVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 retary shall give priority to work in the vicinity of LaSalle, 

2 Illinois, on the Illinois and Michigan Canal. 

3 SEC. 3050. SPUNKY BOTTOMS, ILLINOIS. 

4 (a) PROJECT PURPOSE.—The project for flood con5 trol, Spunky Bottoms, Illinois, authorized by section 5 of 

6 the Flood Control Act of June 22, 1936 (49 Stat. 1583), 

7 is modified to add environmental restoration as a project 

8 purpose. 

9 (b) MAXIMUM AMOUNT.—The maximum amount of 

10 Federal funds that may be expended for the project for 

11 improvement of the quality of the environment, Spunky 

12 Bottoms, Illinois, being carried out under section 1135 of 

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

14 2309a), shall be $7,500,000. 

15 (c) LIMITATION.—Nothing in this section shall affect 

16 the eligibility of the project for emergency repair assist17 ance under section 5(a) of the Act entitled ‘‘An Act au18 thorizing the construction of certain public works on rivers 

19 and harbors for flood control, and for other purposes’’, 

20 approved August 18, 1941 (33 U.S.C. 701n). 

21 SEC. 3051. FORT WAYNE AND VICINITY, INDIANA. 

22 The project for flood control Fort Wayne, St. Mary’s 

23 and Maumee Rivers, Indiana, authorized by section 

24 101(a)(11) of the Water Resources Development Act of 

25 1990 (104 Stat. 4604), is modified— 


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1 (1) to direct the Secretary to provide a 100- 

2 year level of flood protection at the Berry-Thieme, 

3 Park-Thompson, Woodhurst, and Tillman sites 

4 along the St. Mary’s River, Fort Wayne and vicinity, 

5 Indiana, at a total cost of $5,300,000; and 

6 (2) to allow the non-Federal interest to partici7 pate in the financing of the project in accordance 

8 with section 903(c) of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4184) to the extent 

10 that the Secretary’s evaluation indicates that apply11 ing such section is necessary to implement the 

12 project. 

13 SEC. 3052. KOONTZ LAKE, INDIANA. 

14 The project for aquatic ecosystem restoration, Koontz 

15 Lake, Indiana, being carried out under section 206 of the 

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

17 2330) and modified by section 520 of the Water Resources 

18 Development Act of 2000 (114 Stat. 2655), is further 

19 modified to direct the Secretary to seek to reduce the cost 

20 of the project by using innovative technologies and cost 

21 reduction measures determined from a review of non-Fed22 eral lake dredging projects in the vicinity of Koontz Lake. 

23 SEC. 3053. WHITE RIVER, INDIANA. 

24 The project for flood control, Indianapolis on West 

25 Fork of White River, Indiana, authorized by section 5 of 


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1 the Act entitled ‘‘An Act authorizing the construction of 

2 certain public works on rivers and harbors for flood con3 trol, and for other purposes’’, approved June 22, 1936 (49 

4 Stat. 1586), and modified by section 323 of the Water 

5 Resources Development Act of 1996 (110 Stat. 3716) and 

6 section 322 of the Water Resources Development Act of 

7 1999 (113 Stat. 303–304), is further modified— 

8 (1) to authorize the Secretary to undertake the 

9 riverfront alterations described in the Central Indi10 anapolis Waterfront Concept Plan, dated February 

11 1994, for the Fall Creek Reach feature at a total 

12 cost of $28,545,000; and 

13 (2) to direct the Secretary to credit toward the 

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

15 of planning, design, and construction work carried 

16 out by the non-Federal interest before the date of 

17 the partnership agreement for the project if the Sec18 retary determines that the work is integral to the 

19 project. 

20 SEC. 3054. DES MOINES RIVER AND GREENBELT, IOWA. 

21 The project for the Des Moines Recreational River 

22 and Greenbelt, Iowa, authorized by Public Law 99–88 and 

23 modified by section 604 of the Water Resources Develop24 ment Act of 1986 (100 Stat. 4153), is modified to include 


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1 enhanced public access and recreational enhancements, at 

2 a Federal cost of $3,000,000. 

3 SEC. 3055. RATHBUN LAKE, IOWA. 

4 (a) RIGHT OF FIRST REFUSAL.—The Secretary shall 

5 provide, in accordance with the recommendations in the 

6 Rathbun Lake Reallocation Report approved by the Chief 

7 of Engineers on July 22, 1985, the Rathbun Regional 

8 Water Association with the right of first refusal to con9 tract for or purchase any increment of the remaining allo10 cation (8,320 acre-feet) of water supply storage in 

11 Rathbun Lake, Iowa. 

12 (b) PAYMENT OF COST.—The Rathbun Regional 

13 Water Association shall pay the cost of any water supply 

14 storage allocation provided under subsection (a). 

15 SEC. 3056. PRESTONSBURG, KENTUCKY. 

16 The Prestonsburg, Kentucky, element of the project 

17 for flood control, Levisa and Tug Fork of the Big Sandy 

18 and Cumberland Rivers, West Virginia, Virginia, and Ken19 tucky, authorized by section 202(a) of the Energy and 

20 Water Development Appropriations Act, 1981 (94 Stat. 

21 1339), is modified to direct the Secretary to take measures 

22 to provide a 100-year level of flood protection for the city 

23 of Prestonsburg. 


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1 SEC. 3057. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

2 EAST BATON ROUGE PARISH WATERSHED. 

3 The project for flood damage reduction and recre4 ation, Amite River and Tributaries, Louisiana, East 

5 Baton Rouge Parish Watershed, authorized by section 

6 101(a)(21) of the Water Resources Development Act of 

7 1999 (113 Stat. 277) and modified by section 116 of divi8 sion D of Public Law 108–7 (117 Stat. 140), is further 

9 modified— 

10 (1) to direct the Secretary to carry out the 

11 project with the cost sharing for the project deter12 mined in accordance with section 103(a) of the 

13 Water Resources Development Act of 1986 (33 

14 U.S.C. 2213(a)), as in effect on October 11, 1996; 

15 (2) to authorize the Secretary to construct the 

16 project at a total cost of $187,000,000; and 

17 (3) to direct the Secretary to credit toward the 

18 non-Federal share of the cost of the project the cost 

19 of work carried out by the non-Federal interest be20 fore the date of the partnership agreement for the 

21 project if the Secretary determines that the work is 

22 integral to the project. 

23 SEC. 3058. ATCHAFALAYA BASIN, LOUISIANA. 

24 (a) IN GENERAL.—Section 315(a)(1) of the Water 

25 Resources Development Act of 2000 (114 Stat. 2603– 

26 2604) is amended to read as follows: 


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1 ‘‘(1) is authorized to study, design, construct, 

2 operate, and maintain, at Federal expense, a Type 

3 A Regional Visitor Center in the vicinity of Morgan 

4 City, Louisiana, in consultation with the State of 

5 Louisiana, to provide information to the public on 

6 the Atchafalaya River system and other associated 

7 waterways that have influenced surrounding commu8 nities, and national and local water resources devel9 opment of the Army Corps of Engineers in South 

10 Central Louisiana; and’’. 

11 (b) TECHNICAL CORRECTION.—Section 315(b) of 

12 such Act is amended by striking ‘‘(a)’’ and inserting 

13 ‘‘(a)(2)’’. 

14 (c) DONATIONS.—Section 315 of such Act is amend15 ed by adding at the end the following: 

16 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 

17 the Mississippi River Commission is authorized to accept 

18 the donation of cash, funds, lands, materials, and services 

19 from non-Federal governmental entities and nonprofit cor20 porations.’’. 

21 SEC. 3059. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU22 ISIANA. 

23 The public access feature of the Atchafalaya Basin 

24 Floodway System project, Louisiana, authorized by sec25 tion 601(a) of the Water Resources Development Act 


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1 1986 (100 Stat. 4142), is modified to authorize the Sec2 retary to acquire from willing sellers the fee interest, ex3 clusive of oil, gas, and minerals, of an additional 20,000 

4 acres of land within the Lower Atchafalaya Basin 

5 Floodway for the public access feature of the Atchafalaya 

6 Basin Floodway System, to enhance fish and wildlife re7 sources, at a total cost of $4,000,000. 

8 SEC. 3060. BAYOU PLAQUEMINE, LOUISIANA. 

9 The project for the improvement of the quality of the 

10 environment, Bayou Plaquemine, Louisiana, being carried 

11 out under section 1135 of the Water Resources Develop12 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

13 the Secretary to credit toward the non-Federal share of 

14 the cost of the project the cost of work carried out by 

15 the non-Federal interest before the date of the partnership 

16 agreement for the project if the Secretary determines that 

17 the work is integral to the project. 

18 SEC. 3061. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

19 RIVER TO SHREVEPORT, LOUISIANA. 

20 The project for mitigation of fish and wildlife losses, 

21 J. Bennett Johnston Waterway, Mississippi River to 

22 Shreveport, Louisiana, authorized by section 601(a) of the 

23 Water Resources Development Act of 1986 (100 Stat. 

24 4142) and modified by section 4(h) of the Water Re25 sources Development Act of 1988 (102 Stat. 4016), secVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 tion 102(p) of the Water Resources Development Act of 

2 1990 (104 Stat. 4613), section 301(b)(7) of the Water 

3 Resources Development Act of 1996 (110 Stat. 3710), and 

4 section 316 of the Water Resources Development Act of 

5 2000 (114 Stat. 2572), is further modified— 

6 (1) to authorize the purchase and reforesting of 

7 lands that have been cleared or converted to agricul8 tural uses; and 

9 (2) to incorporate current wildlife and forestry 

10 management practices for the purpose of improving 

11 species diversity on mitigation lands that meet Fed12 eral and State of Louisiana habitat goals and objec13 tives. 

14 SEC. 3062. MELVILLE, LOUISIANA. 

15 Section 315(a)(2) of the Water Resources Develop16 ment Act of 2000 (114 Stat. 2603) is amended by insert17 ing before the period at the end the following: ‘‘and may 

18 include the town of Melville, Louisiana, as one of the alter19 native sites’’. 

20 SEC. 3063. MISSISSIPPI DELTA REGION, LOUISIANA. 

21 The Mississippi Delta Region project, Louisiana, au22 thorized as part of the project for hurricane-flood protec23 tion on Lake Pontchartrain, Louisiana, by section 204 of 

24 the Flood Control Act of 1965 (79 Stat. 1077) and modi25 fied by section 365 of the Water Resources Development 


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1 Act of 1996 (110 Stat. 3739), is further modified to direct 

2 the Secretary to credit toward the non-Federal share of 

3 the cost of the project the costs of relocating oyster beds 

4 in the Davis Pond project area if the Secretary determines 

5 that the work is integral to the Mississippi Delta Region 

6 project. 

7 SEC. 3064. NEW ORLEANS TO VENICE, LOUISIANA. 

8 The New Orleans to Venice, Louisiana, project for 

9 hurricane protection, authorized by section 203 of the 

10 Flood Control Act of 1962 (76 Stat. 1184), is modified 

11 to authorize the Secretary to carry out the work on the 

12 St. Jude to City Price, Upper Reach A back levee. The 

13 Federal share of the cost of such work shall be 70 percent. 

14 SEC. 3065. WEST BANK OF THE MISSISSIPPI RIVER (EAST 

15 OF HARVEY CANAL), LOUISIANA. 

16 Section 328 of the Water Resources Development Act 

17 of 1999 (113 Stat. 304–305) is amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘operation and mainte20 nance’’ and inserting ‘‘operation, maintenance, 

21 rehabilitation, repair, and replacement’’; and 

22 (B) by striking ‘‘Algiers Channel’’ and in23 serting ‘‘Algiers Canal Levees’’; and 

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


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1 ‘‘(c) COST SHARING.—The non-Federal share of the 

2 cost of the project shall be 35 percent.’’. 

3 SEC. 3066. CAMP ELLIS, SACO, MAINE. 

4 The maximum amount of Federal funds that may be 

5 expended for the project being carried out under section 

6 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

7 for the mitigation of shore damages attributable to the 

8 project for navigation, Camp Ellis, Saco, Maine, shall be 

9 $26,900,000. 

10 SEC. 3067. DETROIT RIVER SHORELINE, DETROIT, MICHI11 GAN. 

12 (a) IN GENERAL.—The project for emergency 

13 streambank and shoreline protection, Detroit River Shore14 line, Detroit, Michigan, being carried out under section 14 

15 of the Flood Control Act of 1946 (33 U.S.C. 701r), is 

16 modified to include measures to enhance public access. 

17 (b) MAXIMUM FEDERAL EXPENDITURE.—The max18 imum amount of Federal funds that may be expended for 

19 the project shall be $3,000,000. 

20 SEC. 3068. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI21 GAN. 

22 Section 426 of the Water Resources Development Act 

23 of 1999 (113 Stat. 326) is amended to read as follows: 


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1 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI2 GAN. 

3 ‘‘(a) DEFINITIONS.—In this section, the following 

4 definitions apply: 

5 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage6 ment plan’ means the management plan for the St. 

7 Clair River and Lake St. Clair, Michigan, that is in 

8 effect as of the date of enactment of the Water Re9 sources Development Act of 2006. 

10 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

11 means the partnership established by the Secretary 

12 under subsection (b)(1). 

13 ‘‘(b) PARTNERSHIP.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish and lead a partnership of appropriate Federal 

16 agencies (including the Environmental Protection 

17 Agency) and the State of Michigan (including polit18 ical subdivisions of the State)— 

19 ‘‘(A) to promote cooperation among the 

20 Federal, State, and local governments and other 

21 involved parties in the management of the St. 

22 Clair River and Lake St. Clair watersheds; and 

23 ‘‘(B) develop and implement projects con24 sistent with the management plan. 

25 ‘‘(2) COORDINATION WITH ACTIONS UNDER

26 OTHER LAW.— 


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1 ‘‘(A) IN GENERAL.—Actions taken under 

2 this section by the partnership shall be coordi3 nated with actions to restore and conserve the 

4 St. Clair River and Lake St. Clair and water5 sheds taken under other provisions of Federal 

6 and State law. 

7 ‘‘(B) NO EFFECT ON OTHER LAW.—Noth8 ing in this section alters, modifies, or affects 

9 any other provision of Federal or State law. 

10 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND

11 LAKE ST. CLAIR MANAGEMENT PLAN.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall— 

13 ‘‘(A) develop a St. Clair River and Lake 

14 St. Clair strategic implementation plan in ac15 cordance with the management plan; 

16 ‘‘(B) provide technical, planning, and engi17 neering assistance to non-Federal interests for 

18 developing and implementing activities con19 sistent with the management plan; 

20 ‘‘(C) plan, design, and implement projects 

21 consistent with the management plan; and 

22 ‘‘(D) provide, in coordination with the Ad23 ministrator of the Environmental Protection 

24 Agency, financial and technical assistance, in25 cluding grants, to the State of Michigan (inVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 cluding political subdivisions of the State) and 

2 interested nonprofit entities for the planning, 

3 design, and implementation of projects to re4 store, conserve, manage, and sustain the St. 

5 Clair River, Lake St. Clair, and associated wa6 tersheds. 

7 ‘‘(2) SPECIFIC MEASURES.—Financial and tech8 nical assistance provided under subparagraphs (B) 

9 and (C) of paragraph (1) may be used in support of 

10 non-Federal activities consistent with the manage11 ment plan. 

12 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

13 STRATEGIC IMPLEMENTATION PLAN.—In consultation 

14 with the partnership and after providing an opportunity 

15 for public review and comment, the Secretary shall develop 

16 information to supplement— 

17 ‘‘(1) the management plan; and 

18 ‘‘(2) the strategic implementation plan devel19 oped under subsection (c)(1)(A). 

20 ‘‘(e) COST SHARING.— 

21 ‘‘(1) IN-KIND SERVICES.—The non-Federal 

22 share of the cost of technical assistance under sub23 section (c), the cost of planning, design, and con24 struction of a project under subsection (c), and the 

25 cost of development of supplementary information 


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1 under subsection (d) may be provided through the 

2 provision of in-kind services. 

3 ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND

4 RIGHTS-OF-WAY.—The Secretary shall credit the 

5 non-Federal sponsor for the value of any land, ease6 ments, rights-of-way, dredged material disposal 

7 areas, or relocations required in carrying out a 

8 project under subsection (c). 

9 ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding 

10 section 221 of the Flood Control Act of 1970 (42 

11 U.S.C. 1962d–5b), a non-Federal interest for any 

12 project carried out under this section may include a 

13 nonprofit entity. 

14 ‘‘(4) OPERATION AND MAINTENANCE.—The op15 eration, maintenance, repair, rehabilitation, and re16 placement of projects carried out under this section 

17 shall be non-Federal responsibilities. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section 

20 $10,000,000 for each fiscal year.’’. 

21 SEC. 3069. ST. JOSEPH HARBOR, MICHIGAN. 

22 The Secretary shall expedite development of the 

23 dredged material management plan for the project for 

24 navigation, St. Joseph Harbor, Michigan, authorized by 


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1 section 101 of the River and Harbor Act of 1958 (72 Stat. 

2 299). 

3 SEC. 3070. SAULT SAINTE MARIE, MICHIGAN. 

4 (a) IN GENERAL.—The text of section 1149 of the 

5 Water Resources Development Act of 1986 (100 Stat. 

6 4254) is amended to read as follows: 

7 ‘‘The Secretary shall construct at Federal expense a 

8 second lock, of a width not less than 110 feet and a length 

9 not less than 1,200 feet, adjacent to the existing lock at 

10 Sault Sainte Marie, Michigan, generally in accordance 

11 with the report of the Board of Engineers for Rivers and 

12 Harbors, dated May 19, 1986, and the limited reevalua13 tion report dated February 2004 at a total cost of 

14 $341,714,000.’’. 

15 (b) CONFORMING REPEALS.—The following provi16 sions are repealed: 

17 (1) Section 107(a)(8) of the Water Resources 

18 Development Act of 1990 (104 Stat. 4620). 

19 (2) Section 330 of the Water Resources Devel20 opment Act of 1996 (110 Stat. 3717–3718). 

21 (3) Section 330 of the Water Resources Devel22 opment Act of 1999 (113 Stat. 305). 

23 SEC. 3071. ADA, MINNESOTA. 

24 (a) IN GENERAL.—The project for flood damage re25 duction, Wild Rice River, Ada, Minnesota, being carried 


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1 out under section 205 of the Flood Control Act of 1948 

2 (33 U.S.C. 701s), is modified to authorize the Secretary 

3 to consider national ecosystem restoration benefits in de4 termining the Federal interest in the project. 

5 (b) EVALUATION OF BENEFITS AND COSTS.—In 

6 evaluating the economic benefits and costs for the project, 

7 the Secretary shall not consider the emergency levee adja8 cent to Judicial Ditch No. 51 in the determination of con9 ditions existing prior to construction of the project. 

10 (c) SPECIAL RULE.—In evaluating and implementing 

11 the project, the Secretary shall allow the non-Federal in12 terest to participate in the financing of the project in ac13 cordance with section 903(c) of the Water Resources De14 velopment Act of 1986 (100 Stat. 4184) to the extent that 

15 the Secretary’s evaluation indicates that applying such 

16 section is necessary to implement the project. 

17 SEC. 3072. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

18 (a) IN GENERAL.—The project for navigation, Du19 luth Harbor, McQuade Road, Minnesota, being carried out 

20 under section 107 of the River and Harbor Act of 1960 

21 (33 U.S.C. 577) and modified by section 321 of the Water 

22 Resources Development Act of 2000 (114 Stat. 2605), is 

23 further modified to authorize the Secretary to provide 

24 public access and recreational facilities as generally de25 scribed in the Detailed Project Report and Environmental 


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1 Assessment, McQuade Road Harbor of Refuge, Duluth, 

2 Minnesota, dated August 1999. 

3 (b) CREDIT.—The Secretary shall provide credit to4 ward the non-Federal share of the cost of the project for 

5 the costs of design work carried out before the date of 

6 the partnership agreement for the project if the Secretary 

7 determines that the work is integral to the project. 

8 (c) MAXIMUM FEDERAL EXPENDITURE.—The max9 imum amount of Federal funds that may be expended for 

10 the project shall be $9,000,000. 

11 SEC. 3073. GRAND MARAIS, MINNESOTA. 

12 The project for navigation, Grand Marais, Minnesota, 

13 carried out under section 107 of the River and Harbor 

14 Act of 1960 (33 U.S.C. 577) is modified to direct the Sec15 retary to provide credit toward the non-Federal share of 

16 the cost of the project the cost of design work carried out 

17 before the date of the partnership agreement for the 

18 project if the Secretary determines that the work is inte19 gral to the project. 

20 SEC. 3074. GRAND PORTAGE HARBOR, MINNESOTA. 

21 The Secretary shall provide credit toward the non22 Federal share of the cost of the navigation project for 

23 Grand Portage Harbor, Minnesota, carried out under sec24 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

25 577), for the costs of design work carried out before the 


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1 date of the partnership agreement for the project if the 

2 Secretary determines that the work is integral to the 

3 project. 

4 SEC. 3075. GRANITE FALLS, MINNESOTA. 

5 (a) IN GENERAL.—The Secretary is directed to im6 plement under section 205 of the Flood Control Act of 

7 1948 (33 U.S.C. 701s) the locally preferred plan for flood 

8 damage reduction, Granite Falls, Minnesota, substantially 

9 in accordance with the detailed project report dated 2002, 

10 at a total cost of $12,000,000, with an estimated Federal 

11 cost of $8,000,000 and an estimated non-Federal cost of 

12 $4,000,000. 

13 (b) PROJECT FINANCING.—In evaluating and imple14 menting the project under this section, the Secretary shall 

15 allow the non-Federal interests to participate in the fi16 nancing of the project in accordance with section 903(c) 

17 of the Water Resources Development Act of 1986 (100 

18 Stat. 4184), to the extent that the detailed project report 

19 evaluation indicates that applying such section is nec20 essary to implement the project. 

21 (c) CREDIT.—The Secretary shall credit toward the 

22 non-Federal share of the project the cost of design and 

23 construction work carried out by the non-Federal interest 

24 before the date of execution of a partnership agreement 


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1 for the project if the Secretary determines that the work 

2 is integral to the project. 

3 (d) MAXIMUM FUNDING.—The maximum amount of 

4 Federal funds that may be expended for the flood damage 

5 reduction shall be $8,000,000. 

6 SEC. 3076. KNIFE RIVER HARBOR, MINNESOTA. 

7 The project for navigation, Harbor at Knife River, 

8 Minnesota, authorized by section 2 of the Rivers and Har9 bors Act of March 2, 1945 (59 Stat. 19), is modified to 

10 direct the Secretary to develop a final design and prepare 

11 plans and specifications to correct the harbor entrance and 

12 mooring conditions at the project. 

13 SEC. 3077. RED LAKE RIVER, MINNESOTA. 

14 The project for flood control, Red Lake River, 

15 Crookston, Minnesota, authorized by section 101(a)(23) of 

16 the Water Resources Development Act of 1999 (113 Stat. 

17 278), is modified to include flood protection for the adja18 cent and interconnected areas generally known as the 

19 Sampson and Chase/Loring neighborhoods, in accordance 

20 with the feasibility report supplement for local flood pro21 tection, Crookston, Minnesota, at a total cost of 

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

23 $16,250,000 and an estimated non-Federal cost of 

24 $8,750,000. 


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1 SEC. 3078. SILVER BAY, MINNESOTA. 

2 The project for navigation, Silver Bay, Minnesota, 

3 authorized by section 2 of the Rivers and Harbors Act 

4 of March 2, 1945 (59 Stat. 19), is modified to include 

5 operation and maintenance of the general navigation fa6 cilities as a Federal responsibility. 

7 SEC. 3079. TACONITE HARBOR, MINNESOTA. 

8 The project for navigation, Taconite Harbor, Min9 nesota, carried out under section 107 of the River and 

10 Harbor Act of 1960 (33 U.S.C. 577), is modified to in11 clude operation and maintenance of the general navigation 

12 facilities as a Federal responsibility. 

13 SEC. 3080. TWO HARBORS, MINNESOTA. 

14 (a) IN GENERAL.—The project for navigation, Two 

15 Harbors, Minnesota, being carried out under section 107 

16 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

17 is modified to include construction of a dredged material 

18 disposal facility, including actions required to clear the 

19 site. 

20 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.— 

21 Non-Federal interests shall be responsible for providing all 

22 lands, easements, rights-of-way, and relocations necessary 

23 for the construction of the dredged material disposal facil24 ity. 


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1 (c) MAXIMUM FEDERAL EXPENDITURE.—The max2 imum amount of Federal funds that may be expended for 

3 the project shall be $7,000,000. 

4 SEC. 3081. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

5 The project for ecosystem restoration, Deer Island, 

6 Harrison County, Mississippi, being carried out under sec7 tion 204 of the Water Resources Development Act of 1992 

8 (33 U.S.C. 2326), is modified to authorize the non-Fed9 eral interest to provide any portion of the non-Federal 

10 share of the cost of the project in the form of in-kind serv11 ices and materials. 

12 SEC. 3082. PEARL RIVER BASIN, MISSISSIPPI. 

13 (a) IN GENERAL.—The Secretary shall complete a 

14 feasibility study for the project for flood damage reduc15 tion, Pearl River Watershed, Mississippi. 

16 (b) COMPARISON OF ALTERNATIVES.—The feasibility 

17 study shall identify both the plan that maximizes national 

18 economic development benefits and the locally preferred 

19 plan and shall compare the level of flood damage reduction 

20 provided by each plan to that portion of Jackson, Mis21 sissippi, located below the Ross Barnett Reservoir Dam. 

22 (c) RECOMMENDED PLAN.—If the Secretary deter23 mines that the locally preferred plan provides a level of 

24 flood damage reduction that is equal to or greater than 

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1 tional economic development plan and the locally preferred 

2 plan is technically feasible and environmentally protective, 

3 the Secretary shall recommend construction of the locally 

4 preferred plan. 

5 (d) EVALUATION OF PROJECT COST.—For the pur6 poses of determining compliance with the first section of 

7 the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 

8 the Secretary shall consider only the costs of the national 

9 economic development plan and shall exclude incremental 

10 costs associated with the locally preferred plan that are 

11 in excess of such costs if the non-Federal interest agrees 

12 to pay 100 percent of such incremental costs. 

13 (e) NON-FEDERAL COST SHARE.—If the locally pre14 ferred plan is authorized for construction, the non-Federal 

15 share of the cost of the project shall be the same percent16 age as the non-Federal share of the cost of the national 

17 economic development plan plus all additional costs of con18 struction associated with the locally preferred plan. 

19 SEC. 3083. FESTUS AND CRYSTAL CITY, MISSOURI. 

20 Section 102(b)(1) of the Water Resources Develop21 ment Act of 1999 (113 Stat. 282) is amended by striking 

22 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 

23 SEC. 3084. L–15 LEVEE, MISSOURI. 

24 The portion of the L–15 levee system that is under 

25 the jurisdiction of the Consolidated North County Levee 


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1 District and situated along the right descending bank of 

2 the Mississippi River from the confluence of that river 

3 with the Missouri River and running upstream approxi4 mately 14 miles shall be considered to be a Federal levee 

5 for purposes of cost sharing under section 5 of the Act 

6 of August 18, 1941 (33 U.S.C. 701n). 

7 SEC. 3085. MONARCH-CHESTERFIELD, MISSOURI. 

8 The project for flood damage reduction, Monarch9 Chesterfield, Missouri, authorized by section 101(b)(18) 

10 of the Water Resources Development Act of 2000 (114 

11 Stat. 2578), is modified to direct the Secretary to credit 

12 toward the non-Federal share of the cost of the project 

13 the cost of the planning, design, and construction work 

14 carried out by the non-Federal interest before the date of 

15 the partnership agreement for the project if the Secretary 

16 determines that the work is integral to the project. 

17 SEC. 3086. RIVER DES PERES, MISSOURI. 

18 The projects for flood control, River Des Peres, Mis19 souri, authorized by section 101(a)(17) of the Water Re20 sources Development Act of 1990 (104 Stat. 4607) and 

21 section 102(13) of the Water Resources Development Act 

22 of 1996 (110 Stat. 3668), are each modified to direct the 

23 Secretary to credit toward the non-Federal share of the 

24 cost of the project the cost of work carried out by the 

25 non-Federal interest before the date of the partnership 


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1 agreement for the project if the Secretary determines that 

2 the work is integral to the project. 

3 SEC. 3087. ANTELOPE CREEK, LINCOLN, NEBRASKA. 

4 The project for flood damage reduction, Antelope 

5 Creek, Lincoln, Nebraska, authorized by section 

6 101(b)(19) of the Water Resources Development Act of 

7 2000 (114 Stat. 2578), is modified— 

8 (1) to direct the Secretary to credit toward the 

9 non-Federal share of the cost of the project the cost 

10 of design and construction work carried out by the 

11 non-Federal interest before the date of the partner12 ship agreement for the project if the Secretary de13 termines that the work is integral to the project; and 

14 (2) to allow the non-Federal interest for the 

15 project to use, and to direct the Secretary to accept, 

16 funds provided under any other Federal program, to 

17 satisfy, in whole or in part, the non-Federal share 

18 of the project if such funds are authorized to be 

19 used to carry out the project. 

20 SEC. 3088. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

21 The project for ecosystem restoration and flood dam22 age reduction, Sand Creek watershed, Wahoo, Nebraska, 

23 authorized by section 101(b)(20) of the Water Resources 

24 Development Act of 2000 (114 Stat. 2578), is modified— 


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1 (1) to direct the Secretary to provide credit to2 ward the non-Federal share of the cost of the project 

3 or reimbursement for the costs of any work that has 

4 been or will be performed by the non-Federal inter5 est before, on, or after the approval of the project 

6 partnership agreement, including work performed by 

7 the non-Federal interest in connection with the de8 sign and construction of 7 upstream detention stor9 age structures, if the Secretary determines that the 

10 work is integral to the project; 

11 (2) to require that in-kind work to be credited 

12 under paragraph (1) be subject to audit; and 

13 (3) to direct the Secretary to accept advance 

14 funds from the non-Federal interest as needed to 

15 maintain the project schedule. 

16 SEC. 3089. WESTERN SARPY AND CLEAR CREEK, NEBRASKA. 

17 The project for ecosystem restoration and flood dam18 age reduction, authorized by section 101(b)(21) of the 

19 Water Resources Development Act of 2000 (114 Stat. 

20 2578), is modified to authorize the Secretary to construct 

21 the project at a total cost of $21,664,000, with an esti22 mated Federal cost of $14,082,000 and an estimated non23 Federal cost of $7,582,000. 


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1 SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 

2 NEW JERSEY. 

3 The project for navigation mitigation, ecosystem res4 toration, shore protection, and hurricane and storm dam5 age reduction, Lower Cape May Meadows, Cape May 

6 Point, New Jersey, authorized by section 101(a)(25) of 

7 the Water Resources Development Act of 1999 (113 Stat. 

8 278), is modified to incorporate the project for shoreline 

9 erosion control, Cape May Point, New Jersey, carried out 

10 under section 5 of the Act entitled ‘‘An Act authorizing 

11 Federal participation in the cost of protecting the shores 

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

13 (33 U.S.C. 426h), if the Secretary determines that such 

14 incorporation is feasible. 

15 SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

16 NEW JERSEY. 

17 The project for flood control, Passaic River, New Jer18 sey and New York, authorized by section 101(a)(18) of 

19 the Water Resources Development Act of 1990 (104 Stat. 

20 4607) and modified by section 327 of the Water Resources 

21 Development Act of 2000 (114 Stat. 2607), is further 

22 modified to direct the Secretary to include the benefits and 

23 costs of preserving natural flood storage in any future eco24 nomic analysis of the project. 


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1 SEC. 3092. BUFFALO HARBOR, NEW YORK. 

2 The project for navigation, Buffalo Harbor, New 

3 York, authorized by section 101 of the River and Harbor 

4 Act of 1962 (76 Stat. 1176), is modified to include meas5 ures to enhance public access, at Federal cost of 

6 $500,000. 

7 SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. 

8 Section 554 of the Water Resources Development Act 

9 of 1996 (110 Stat. 3781) is amended by striking ‘‘max10 imum Federal cost of $5,200,000’’ and inserting ‘‘total 

11 cost of $20,000,000’’. 

12 SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW 

13 YORK AND NEW JERSEY. 

14 The navigation project, Port of New York and New 

15 Jersey, New York and New Jersey, authorized by section 

16 101(a)(2) of the Water Resources Development Act of 

17 2000 (114 Stat. 2576), is modified— 

18 (1) to authorize the Secretary to allow the non19 Federal interest to construct a temporary dredged 

20 material storage facility to receive dredged material 

21 from the project if— 

22 (A) the non-Federal interest submits, in 

23 writing, a list of potential sites for the tem24 porary storage facility to the Committee on 

25 Transportation and Infrastructure of the House 

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1 ment and Public Works of the Senate, and the 

2 Secretary at least 180 days before the selection 

3 of the final site; and 

4 (B) at least 70 percent of the dredged ma5 terial generated in connection with the project 

6 suitable for beneficial reuse will be used at sites 

7 in the State of New Jersey to the extent that 

8 there are sufficient sites available; and 

9 (2) to direct the Secretary to credit toward the 

10 non-Federal share of the cost of the project the cost 

11 of construction of the temporary storage facility if 

12 the Secretary determines that the work is integral to 

13 the project. 

14 SEC. 3095. NEW YORK STATE CANAL SYSTEM. 

15 Section 553(c) of the Water Resources Development 

16 Act of 1996 (110 Stat. 3781) is amended to read as fol17 lows: 

18 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 

19 In this section, the term ‘New York State Canal System’ 

20 means the 524 miles of navigable canal that comprise the 

21 New York State Canal System, including the Erie, Ca22 yuga-Seneca, Oswego, and Champlain Canals and the his23 toric alignments of these canals, including the cities of Al24 bany, Rochester, and Buffalo.’’. 


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1 SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. 

2 Section 507(1) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3758) is amended by striking 

4 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

5 SEC. 3097. MAHONING RIVER, OHIO. 

6 In carrying out the project for environmental dredg7 ing, authorized by section 312(f)(4) of the Water Re8 sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 

9 the Secretary is directed to credit toward the non-Federal 

10 share of the cost of the project the cost of work carried 

11 out by the non-Federal interest before the date of the part12 nership agreement for the project if the Secretary deter13 mines that the work is integral to the project. 

14 SEC. 3098. DELAWARE RIVER, PENNSYLVANIA, NEW JER15 SEY, AND DELAWARE. 

16 The Secretary may remove debris from the project 

17 for navigation, Delaware River, Pennsylvania, New Jersey, 

18 and Delaware, Philadelphia to the Sea. 

19 SEC. 3099. RAYSTOWN LAKE, PENNSYLVANIA. 

20 The Secretary may take such action as may be nec21 essary, including construction of a breakwater, to prevent 

22 shoreline erosion between .07 and 2.7 miles south of Penn23 sylvania State Route 994 on the east shore of Raystown 

24 Lake, Pennsylvania. 


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1 SEC. 3100. SHERADEN PARK STREAM AND CHARTIERS 

2 CREEK, ALLEGHENY COUNTY, PENNSYL3 VANIA. 

4 The project for aquatic ecosystem restoration, 

5 Sheraden Park Stream and Chartiers Creek, Allegheny 

6 County, Pennsylvania, being carried out under section 206 

7 of the Water Resources Development Act of 1996 (33 

8 U.S.C. 2330), is modified to direct the Secretary to credit 

9 up to $400,000 toward the non-Federal share of the cost 

10 of the project for planning and design work carried out 

11 by the non-Federal interest before the date of the partner12 ship agreement for the project if the Secretary determines 

13 that the work is integral to the project. 

14 SEC. 3101. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL15 VANIA. 

16 The project for flood control, Wyoming Valley, Penn17 sylvania, authorized by section 401(a) of the Water Re18 sources Development Act of 1986 (100 Stat. 4124), is 

19 modified to include as a project element the project for 

20 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl21 vania. 

22 SEC. 3102. SOUTH CENTRAL PENNSYLVANIA. 

23 Section 313 of the Water Resources Development Act 

24 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

25 113 Stat. 310; 117 Stat. 142) is amended— 


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1 (1) in subsection (g)(1) by striking 

2 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

3 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

4 Armstrong, Beford, Blair, Cambria, Clearfield, Fay5 ette, Franklin, Fulton, Greene, Huntingdon, Indi6 ana, Juniata, Mifflin, Somerset, Snyder, Wash7 ington, and Westmoreland Counties’’ and inserting 

8 ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 

9 Fayette, Franklin, Fulton, Greene, Huntingdon, In10 diana, Juniata, Somerset, Washington, and West11 moreland Counties’’. 

12 SEC. 3103. WYOMING VALLEY, PENNSYLVANIA. 

13 In carrying out the project for flood control, Wyo14 ming Valley, Pennsylvania, authorized by section 401(a) 

15 of the Water Resources Development Act of 1986 (100 

16 Stat. 4124), the Secretary shall coordinate with non-Fed17 eral interests to review opportunities for increased public 

18 access. 

19 SEC. 3104. CEDAR BAYOU, TEXAS. 

20 (a) CREDIT FOR PLANNING AND DESIGN.—The 

21 project for navigation, Cedar Bayou, Texas, reauthorized 

22 by section 349(a)(2) of the Water Resources Development 

23 Act of 2000 (114 Stat. 2632), is modified to direct the 

24 Secretary to credit toward the non-Federal share of the 

25 cost of the project the cost of planning and design work 


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1 carried out by the non-Federal interest for the project if 

2 the Secretary determines that such work is integral to the 

3 project. 

4 (b) COST SHARING.—Cost sharing for construction 

5 and operation and maintenance of the project shall be de6 termined in accordance with section 101 of the Water Re7 sources Development Act of 1986 (33 U.S.C. 2211). 

8 SEC. 3105. FREEPORT HARBOR, TEXAS. 

9 The project for navigation, Freeport Harbor, Texas, 

10 authorized by section 101 of the Rivers and Harbors Act 

11 of 1970 (84 Stat. 1818), is modified— 

12 (1) to direct the Secretary to credit toward the 

13 non-Federal share of the cost of the project the cost 

14 of the planning, design, and construction work car15 ried out by the non-Federal interest before the date 

16 of the partnership agreement for the project if the 

17 Secretary determines that the work is integral to the 

18 project; and 

19 (2) to direct the Secretary to remove the sunk20 en vessel ‘‘COMSTOCK’’ at Federal expense. 

21 SEC. 3106. LAKE KEMP, TEXAS. 

22 (a) IN GENERAL.—The Secretary may not take any 

23 legal or administrative action seeking to remove a Lake 

24 Kemp improvement before the earlier of January 1, 2020, 


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1 or the date of any transfer of ownership of the improve2 ment occurring after the date of enactment of this Act. 

3 (b) LIMITATION ON LIABILITY.—The United States, 

4 or any of its officers, agents, or assignees, shall not be 

5 liable for any injury, loss, or damage accruing to the own6 ers of a Lake Kemp improvement, their lessees, or occu7 pants as a result of any flooding or inundation of such 

8 improvements by the waters of the Lake Kemp reservoir, 

9 or for such injury, loss, or damage as may occur through 

10 the operation and maintenance of the Lake Kemp dam 

11 and reservoir in any manner. 

12 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 

13 section, the term ‘‘Lake Kemp improvement’’ means an 

14 improvement (including dwellings) located within the flow15 age easement of Lake Kemp, Texas, below elevation 1159 

16 feet mean sea level. 

17 SEC. 3107. LOWER RIO GRANDE BASIN, TEXAS. 

18 The project for flood control, Lower Rio Grande 

19 Basin, Texas, authorized by section 401(a) of the Water 

20 Resources Development Act of 1986 (100 Stat. 4125), is 

21 modified— 

22 (1) to include as part of the project flood pro23 tection works to reroute drainage to Raymondville 

24 Drain constructed by the non-Federal interests in 

25 Hidalgo County in the vicinity of Edinburg, Texas, 


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1 if the Secretary determines that such work meets 

2 feasibility requirements; 

3 (2) to direct the Secretary to credit toward the 

4 non-Federal share of the cost of the project the cost 

5 of planning, design, and construction work carried 

6 out by the non-Federal interest before the date of 

7 the partnership agreement for the project if the Sec8 retary determines that the work is integral to the 

9 project; and 

10 (3) to direct the Secretary in calculating the 

11 non-Federal share of the cost of the project, to make 

12 a determination, within 180 days after the date of 

13 enactment of this Act, under section 103(m) of the 

14 Water Resources Development Act of 1986 (33 

15 U.S.C. 2213(m)) on the non-Federal interest’s abil16 ity to pay. 

17 SEC. 3108. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

18 TEXAS. 

19 The project for ecosystem restoration and storm dam20 age reduction, North Padre Island, Corpus Christi Bay, 

21 Texas, authorized by section 556 of the Water Resources 

22 Development Act of 1999 (113 Stat. 353), is modified to 

23 include recreation as a project purpose. 


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1 SEC. 3109. PAT MAYSE LAKE, TEXAS. 

2 The Secretary is directed to accept from the city of 

3 Paris, Texas, $3,461,432 as payment in full of monies 

4 owed to the United States for water supply storage space 

5 in Pat Mayse Lake, Texas, under contract number DA– 

6 34–066–CIVENG–65–1272, including accrued interest. 

7 SEC. 3110. PROCTOR LAKE, TEXAS. 

8 The Secretary is authorized to purchase fee simple 

9 title to all properties located within the boundaries, and 

10 necessary for the operation, of the Proctor Lake project, 

11 Texas, authorized by section 203 of the Flood Control Act 

12 of 1954 (68 Stat. 1259). 

13 SEC. 3111. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

14 The project for flood control, San Antonio Channel, 

15 Texas, authorized by section 203 of the Flood Control Act 

16 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

17 for flood protection on the Guadalupe and San Antonio 

18 Rivers in Texas and modified by section 103 of the Water 

19 Resources Development Act of 1976 (90 Stat. 2921) and 

20 section 335 of the Water Resources Development Act of 

21 2000 (114 Stat. 2611), is further modified to authorize 

22 the Secretary to credit toward the non-Federal share of 

23 the cost of the project the cost of design and construction 

24 work carried out by the non-Federal interest for the 

25 project if the Secretary determines that the work is inte26 gral to the project. 


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1 SEC. 3112. TANGIER ISLAND SEAWALL, VIRGINIA. 

2 Section 577(a) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

4 a total cost of $1,200,000, with an estimated Federal cost 

5 of $900,000 and an estimated non-Federal cost of 

6 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

7 with an estimated Federal cost of $2,500,000 and an esti8 mated non-Federal cost of $750,000.’’. 

9 SEC. 3113. DUWAMISH/GREEN, WASHINGTON. 

10 The project for ecosystem restoration, Duwamish/ 

11 Green, Washington, authorized by section 101(b)(26) of 

12 the Water Resources Development Act of 2000 (114 Stat. 

13 2579), is modified— 

14 (1) to direct the Secretary to credit toward the 

15 non-Federal share of the cost of the project the cost 

16 of work carried out by the non-Federal interest be17 fore, on, or after the date of the partnership agree18 ment for the project if the Secretary determines that 

19 the work is integral to the project; and 

20 (2) to authorize the non-Federal interest to pro21 vide any portion of the non-Federal share of the cost 

22 of the project in the form of in-kind services and 

23 materials. 


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1 SEC. 3114. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH2 INGTON. 

3 The project for aquatic ecosystem restoration, 

4 Yakima River, Port of Sunnyside, Washington, being car5 ried out under section 206 of the Water Resources Devel6 opment Act of 1996 (33 U.S.C. 2330), is modified to di7 rect the Secretary to credit toward the non-Federal share 

8 of the cost of the project the cost of work carried out by 

9 the non-Federal interest before the date of the partnership 

10 agreement for the project if the Secretary determines that 

11 the work is integral to the project. 

12 SEC. 3115. BLUESTONE LAKE, OHIO RIVER BASIN, WEST 

13 VIRGINIA. 

14 Section 102(ff) of the Water Resources Development 

15 Act of 1992 (106 Stat. 4810, 110 Stat. 3726, 113 Stat. 

16 312) is amended to read as follows: 

17 ‘‘(ff) BLUESTONE LAKE, OHIO RIVER BASIN, WEST

18 VIRGINIA.— 

19 ‘‘(1) IN GENERAL.—The project for flood con20 trol, Bluestone Lake, Ohio River Basin, West Vir21 ginia, authorized by section 4 of the Flood Control 

22 Act of 1938 (52 Stat. 1217) is modified to direct the 

23 Secretary to implement Plan C/G, as defined in the 

24 Evaluation Report of the District Engineer dated 

25 December 1996, to prohibit the release of drift and 

26 debris into waters downstream of the project, except 


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1 for that organic matter necessary to maintain and 

2 enhance the biological resources of such waters and 

3 such nonobtrusive items of debris as may not be eco4 nomically feasible to prevent being released through 

5 such project, including measures to prevent the ac6 cumulation of drift and debris at the project, the 

7 collection and removal of drift and debris on the seg8 ment of the New River upstream of the project, and 

9 the removal (through use of temporary or permanent 

10 systems) and disposal of accumulated drift and de11 bris at Bluestone Dam. 

12 ‘‘(2) COOPERATIVE AGREEMENT.—In carrying 

13 out the downstream cleanup under the plan referred 

14 to in paragraph (1), the Secretary may enter into a 

15 cooperative agreement with the West Virginia De16 partment of Environmental Protection for the de17 partment to carry out the cleanup, including con18 tracting and procurement services, contract adminis19 tration and management, transportation and dis20 posal of collected materials, and disposal fees. 

21 ‘‘(3) INITIAL CLEANUP.—The Secretary may 

22 provide the department up to $150,000 from funds 

23 previously appropriated for this purpose for the Fed24 eral share of the costs of the initial cleanup under 

25 the plan.’’. 


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1 SEC. 3116. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

2 Section 579(c) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 

4 by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 

5 SEC. 3117. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

6 Section 30(d) of the Water Resources Development 

7 Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 

8 to read as follows: 

9 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 

10 ensure the preservation and restoration of the structure 

11 known as the ‘Jenkins House’, and the reconstruction of 

12 associated buildings and landscape features of such struc13 ture located within the Lesage/Greenbottom Swamp in ac14 cordance with the Secretary of the Interior’s standards for 

15 the treatment of historic properties. Amounts made avail16 able for expenditure for the project authorized by section 

17 301(a) of the Water Resources Development Act of 1986 

18 (100 Stat. 4110) shall be available for the purposes of this 

19 subsection.’’. 

20 SEC. 3118. NORTHERN WEST VIRGINIA. 

21 Section 557 of the Water Resources Development Act 

22 of 1999 (113 Stat. 353) is amended— 

23 (1) in the first sentence by striking ‘‘favorable’’; 

24 (2) by striking ‘‘$8,400,000’’ and inserting 

25 ‘‘$12,000,000’’; and 


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1 (3) by striking ‘‘$4,200,000’’ each place it ap2 pears and inserting ‘‘$6,000,000’’. 

3 SEC. 3119. MANITOWOC HARBOR, WISCONSIN. 

4 The project for navigation, Manitowoc Harbor, Wis5 consin, authorized by the River and Harbor Act of August 

6 30, 1852 (10 Stat. 58), is modified to direct the Secretary 

7 to deepen the upstream reach of the navigation channel 

8 from 12 feet to 18 feet, at a total cost of $405,000. 

9 SEC. 3120. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

10 Section 21 of the Water Resources Development Act 

11 of 1988 (102 Stat. 4027) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘1276.42’’ and inserting 

14 ‘‘1278.42’’; 

15 (B) by striking ‘‘1218.31’’ and inserting 

16 ‘‘1221.31’’; and 

17 (C) by striking ‘‘1234.82’’ and inserting 

18 ‘‘1235.30’’; and 

19 (2) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) EXCEPTION.—The Secretary may operate the 

22 headwaters reservoirs below the minimum or above the 

23 maximum water levels established in subsection (a) in ac24 cordance with water control regulation manuals (or revi25 sions thereto) developed by the Secretary, after consultaVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 tion with the Governor of Minnesota and affected tribal 

2 governments, landowners, and commercial and rec3 reational users. The water control regulation manuals 

4 (and any revisions thereto) shall be effective when the Sec5 retary transmits them to Congress. The Secretary shall 

6 report to Congress at least 14 days before operating any 

7 such headwaters reservoir below the minimum or above 

8 the maximum water level limits specified in subsection (a); 

9 except that notification is not required for operations nec10 essary to prevent the loss of life or to ensure the safety 

11 of the dam or if the drawdown of lake levels is in anticipa12 tion of flood control operations.’’. 

13 SEC. 3121. CONTINUATION OF PROJECT AUTHORIZATIONS. 

14 (a) IN GENERAL.—Notwithstanding section 

15 1001(b)(2) of the Water Resources Development Act of 

16 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 

17 remain authorized to be carried out by the Secretary: 

18 (1) The project for navigation, Sacramento 

19 Deep Water Ship Channel, California, authorized by 

20 section 202(a) of the Water Resources Development 

21 Act of 1986 (100 Stat. 4092). 

22 (2) The project for flood control, Agana River, 

23 Guam, authorized by section 401(a) of the Water 

24 Resources Development Act of 1986 (100 Stat. 

25 4127). 


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1 (3) The project for navigation, Baltimore Har2 bor and Channels, Maryland and Virginia, author3 ized by section 101 of the River and Harbor Act of 

4 1970 (84 Stat. 1818). 

5 (4) The project for navigation, Fall River Har6 bor, Massachusetts, authorized by section 101 of the 

7 River and Harbor Act of 1968 (82 Stat. 731); ex8 cept that the authorized depth of that portion of the 

9 project extending riverward of the Charles M. 

10 Braga, Jr. Memorial Bridge, Fall River and Som11 erset, Massachusetts, shall not exceed 35 feet. 

12 (b) LIMITATION.—A project described in subsection 

13 (a) shall not be authorized for construction after the last 

14 day of the 5-year period beginning on the date of enact15 ment of this Act, unless, during such period, funds have 

16 been obligated for the construction (including planning 

17 and design) of the project. 

18 SEC. 3122. PROJECT REAUTHORIZATIONS. 

19 Each of the following projects may be carried out by 

20 the Secretary and no construction on any such project may 

21 be initiated until the Secretary determines that the project 

22 is feasible: 

23 (1) MENOMINEE HARBOR AND RIVER, MICHI24 GAN AND WISCONSIN.—The project for navigation, 

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1 consin, authorized by section 101 of the River and 

2 Harbor Act of 1960 (74 Stat. 482) and deauthorized 

3 on April 15, 2002, in accordance with section 

4 1001(b)(2) of the Water Resources Development Act 

5 of 1986 (33 U.S.C. 579a(b)(2)). 

6 (2) MANITOWOC HARBOR, WISCONSIN.—That 

7 portion of the project for navigation, Manitowoc 

8 Harbor, Wisconsin, authorized by the first section of 

9 the River and Harbor Act of August 30, 1852 (10 

10 Stat. 58), consisting of the channel in the south part 

11 of the outer harbor, deauthorized by section 101 of 

12 the River and Harbor Act of 1962 (76 Stat. 1176). 

13 (3) HEARDING ISLAND INLET, DULUTH HAR14 BOR, MINNESOTA.—The project for dredging, 

15 Hearding Island Inlet, Duluth Harbor, Minnesota, 

16 authorized by section 22 of the Water Resources De17 velopment Act of 1988 (102 Stat. 4027). 

18 SEC. 3123. PROJECT DEAUTHORIZATIONS. 

19 (a) IN GENERAL.—The following projects are not au20 thorized after the date of enactment of this Act: 

21 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

22 portion of the project for navigation, Bridgeport 

23 Harbor, Connecticut, authorized by the first section 

24 of the River and Harbor Act of July 3, 1930 (46 

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1 low Mill River and described as follows: Beginning 

2 at a point along the eastern limit of the existing 

3 project, N123,649.75, E481,920.54, thence running 

4 northwesterly about 52.64 feet to a point 

5 N123,683.03, E481,879.75, thence running north6 easterly about 1,442.21 feet to a point N125,030.08, 

7 E482,394.96, thence running northeasterly about 

8 139.52 feet to a point along the eastern limit of the 

9 existing channel, N125,133.87, E482,488.19, thence 

10 running southwesterly about 1,588.98 feet to the 

11 point of origin. 

12 (2) MYSTIC RIVER, CONNECTICUT.—The por13 tion of the project for navigation, Mystic River, Con14 necticut, authorized by the first section of the River 

15 and Harbor Appropriations Act of September 19, 

16 1890 (26 Stat. 436) consisting of a 12-foot-deep 

17 channel, approximately 7,554 square feet in area, 

18 starting at a point N193,086.51, E815,092.78, 

19 thence running north 59 degrees 21 minutes 46.63 

20 seconds west about 138.05 feet to a point 

21 N193,156.86, E814,974.00, thence running north 

22 51 degrees 04 minutes 39.00 seconds west about 

23 166.57 feet to a point N193,261.51, E814,844.41, 

24 thence running north 43 degrees 01 minutes 34.90 

25 seconds west about 86.23 feet to a point 


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1 N193,324.55, E814,785.57, thence running north 

2 06 degrees 42 minutes 03.86 seconds west about 

3 156.57 feet to a point N193,480.05, E814,767.30, 

4 thence running south 21 degrees 21 minutes 17.94 

5 seconds east about 231.42 feet to a point 

6 N193,264.52, E814,851.57, thence running south 

7 53 degrees 34 minutes 23.28 seconds east about 

8 299.78 feet to the point of origin. 

9 (3) NEW LONDON HARBOR, CONNECTICUT.— 

10 The portion of the project for navigation, New Lon11 don Harbor, Connecticut, authorized by the River 

12 and Harbor Appropriations Act of June 13, 1902 

13 (32 Stat. 333), that consists of a 23-foot waterfront 

14 channel and that is further described as beginning 

15 at a point along the western limit of the existing 

16 project, N188,802.75, E779,462.81, thence running 

17 northeasterly about 1,373.88 feet to a point 

18 N189,554.87, E780,612.53, thence running south19 easterly about 439.54 feet to a point N189,319.88, 

20 E780,983.98, thence running southwesterly about 

21 831.58 feet to a point N188,864.63, E780,288.08, 

22 thence running southeasterly about 567.39 feet to a 

23 point N188,301.88, E780,360.49, thence running 

24 northwesterly about 1,027.96 feet to the point of or25 igin. 


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1 (4) ROCKLAND HARBOR, MAINE.—The portion 

2 of the project for navigation, Rockland Harbor, 

3 Maine, authorized by the Act of June 3, 1896 (29 

4 Stat. 202), consisting of a 14-foot channel located in 

5 Lermond Cove and beginning at a point with coordi6 nates N9977.37, E340290.02, thence running eas7 terly about 200.00 feet to a point with coordinates 

8 N99978.49, E340490.02, thence running northerly 

9 about 138.00 feet to a point with coordinates 

10 N100116.49, E340289.25, thence running westerly 

11 about 200.00 feet to a point with coordinates 

12 N100115.37, E340289.25, thence running southerly 

13 about 138.00 feet to the point of origin. 

14 (5) FALMOUTH HARBOR, MASSACHUSETTS.— 

15 The portion of the project for navigation, th Harbor, 

16 Massachusetts, authorized by section 101 of the 

17 River and Harbor Act of 1948 (62 Stat. 1172), be18 ginning at a point along the eastern side of the inner 

19 harbor N200,415.05, E845,307.98, thence running 

20 north 25 degrees 48 minutes 54.3 seconds east 

21 160.24 feet to a point N200,559.20, E845,377.76, 

22 thence running north 22 degrees 7 minutes 52.4 sec23 onds east 596.82 feet to a point N201,112.15, 

24 E845,602.60, thence running north 60 degrees 1 

25 minute 0.3 seconds east 83.18 feet to a point 


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1 N201,153.72, E845,674.65, thence running south 

2 24 degrees 56 minutes 43.4 seconds west 665.01 

3 feet to a point N200,550.75, E845,394.18, thence 

4 running south 32 degrees 25 minutes 29.0 seconds 

5 west 160.76 feet to the point of origin. 

6 (6) ISLAND END RIVER, MASSACHUSETTS.—The 

7 portion of the project for navigation, Island End 

8 River, Massachusetts, carried out under section 107 

9 of the River and Harbor Act of 1960 (33 U.S.C. 

10 577), described as follows: Beginning at a point 

11 along the eastern limit of the existing project, 

12 N507,348.98, E721,180.01, thence running north13 east about 35 feet to a point N507,384.17, 

14 E721,183.36, thence running northeast about 324 

15 feet to a point N507,590.51, E721,433.17, thence 

16 running northeast about 345 feet to a point along 

17 the northern limit of the existing project, 

18 N507,927.29, E721,510.29, thence running south19 east about 25 feet to a point N507,921.71, 

20 E721,534.66, thence running southwest about 354 

21 feet to a point N507,576.65, E721,455.64, thence 

22 running southwest about 357 feet to the point of ori23 gin. 

24 (7) CITY WATERWAY, TACOMA, WASHINGTON.— 

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1 terway, Tacoma, Washington, authorized by the first 

2 section of the River and Harbor Appropriations Act 

3 of June 13, 1902 (32 Stat. 347), consisting of the 

4 last 1,000 linear feet of the inner portion of the wa5 terway beginning at station 70+00 and ending at 

6 station 80+00. 

7 (8) AUNT LYDIA’S COVE, MASSACHUSETTS.— 

8 (A) IN GENERAL.—The portion of the 

9 project for navigation, Aunt Lydia’s Cove, Mas10 sachusetts, constructed under section 107 of 

11 the River and Harbor Act of 1960 (33 U.S.C. 

12 577), consisting of the 8-foot deep anchorage in 

13 the cove described in subparagraph (B). 

14 (B) DESCRIPTION OF PORTION.—The por15 tion of the project described in subparagraph 

16 (A) is more particularly described as the por17 tion beginning at a point along the southern 

18 limit of the existing project, N254,332.00, 

19 E1,023,103.96, thence running northwesterly 

20 about 761.60 feet to a point along the western 

21 limit of the existing project N255,076.84, 

22 E1,022,945.07, thence running southwesterly 

23 about 38.11 feet to a point N255,038.99, 

24 E1,022,940.60, thence running southeasterly 

25 about 267.07 feet to a point N254,772.00, 


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1 E1,022,947.00, thence running southeasterly 

2 about 462.41 feet to a point N254,320.06, 

3 E1,023,044.84, thence running northeasterly 

4 about 60.31 feet to the point of origin. 

5 (b) SOUTHPORT HARBOR, FAIRFIELD, CON6 NECTICUT.—The project for navigation, Southport Har7 bor, Fairfield, Connecticut, authorized by section 2 of the 

8 River and Harbor Act of March 2, 1829, and by the first 

9 section of the River and Harbor Act of August 30, 1935 

10 (49 Stat. 1029), and section 364 of the Water Resources 

11 Development Act of 1996 (110 Stat. 3733–3734), is fur12 ther modified to redesignate a portion of the 9-foot-deep 

13 channel as an anchorage area, approximately 900 feet in 

14 length and 90,000 square feet in area, and lying generally 

15 north of a line with points at coordinates N108,043.45, 

16 E452,252.04 and N107,938.74, E452,265.74. 

17 (c) SACO RIVER, MAINE.—The portion of the project 

18 for navigation, Saco River, Maine, authorized under sec19 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

20 577) and described as a 6-foot deep, 10-acre turning basin 

21 located at the head of navigation, is redesignated as an 

22 anchorage area. 

23 (d) UNION RIVER, MAINE.—The project for naviga24 tion, Union River, Maine, authorized by the first section 

25 of the Act of June 3, 1896 (29 Stat. 215), is modified 


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1 by redesignating as an anchorage area that portion of the 

2 project consisting of a 6-foot turning basin and lying 

3 northerly of a line commencing at a point N315,975.13, 

4 E1,004,424.86, thence running north 61 degrees 27 min5 utes 20.71 seconds west about 132.34 feet to a point 

6 N316,038.37, E1,004,308.61. 

7 (e) MYSTIC RIVER, MASSACHUSETTS.—The portion 

8 of the project for navigation, Mystic River, Massachusetts, 

9 authorized by the first section of the River and Harbor 

10 Appropriations Act of July 13, 1892 (27 Stat. 96), be11 tween a line starting at a point N515,683.77, 

12 E707,035.45 and ending at a point N515,721.28, 

13 E707,069.85 and a line starting at a point N514,595.15, 

14 E707,746.15 and ending at a point N514,732.94, 

15 E707,658.38 shall be relocated and reduced from a 100- 

16 foot wide channel to a 50-foot wide channel after the date 

17 of enactment of this Act described as follows: Beginning 

18 at a point N515,721.28, E707,069.85, thence running 

19 southeasterly about 840.50 feet to a point N515,070.16, 

20 E707,601.27, thence running southeasterly about 177.54 

21 feet to a point N514,904.84, E707,665.98, thence running 

22 southeasterly about 319.90 feet to a point with coordi23 nates N514,595.15, E707,746.15, thence running north24 westerly about 163.37 feet to a point N514,732.94, 

25 E707,658.38, thence running northwesterly about 161.58 


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1 feet to a point N514.889.47, E707,618.30, thence running 

2 northwesterly about 166.61 feet to a point N515.044.62, 

3 E707,557.58, thence running northwesterly about 825.31 

4 feet to a point N515,683.77, E707,035.45, thence running 

5 northeasterly about 50.90 feet returning to a point 

6 N515,721.28, E707,069.85. 

7 (f) CONDITIONS.—The first sentence of section 

8 1001(b)(2) of the Water Resources Development Act of 

9 1986 (33 U.S.C. 579a(b)(2)) is amended— 

10 (1) by striking ‘‘two years’’ and inserting 

11 ‘‘year’’; and 

12 (2) by striking ‘‘7’’ and inserting ‘‘5’’. 

13 SEC. 3124. LAND CONVEYANCES. 

14 (a) ST. FRANCIS BASIN, ARKANSAS AND MIS15 SOURI.— 

16 (1) IN GENERAL.—The Secretary shall convey 

17 to the State of Arkansas, without monetary consid18 eration and subject to paragraph (2), all right, title, 

19 and interest in and to real property within the State 

20 acquired by the Federal Government as mitigation 

21 land for the project for flood control, St. Francis 

22 Basin, Arkansas and Missouri Project, authorized by 

23 the Flood Control Act of May 15, 1928 (33 U.S.C. 

24 702a et seq.). 

25 (2) TERMS AND CONDITIONS.— 


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1 (A) IN GENERAL.—The conveyance by the 

2 United States under this subsection shall be 

3 subject to— 

4 (i) the condition that the State of Ar5 kansas agree to operate, maintain, and 

6 manage the real property for fish and wild7 life, recreation, and environmental pur8 poses at no cost or expense to the United 

9 States; and 

10 (ii) such other terms and conditions 

11 as the Secretary determines to be in the 

12 interest of the United States. 

13 (B) REVERSION.—If the Secretary deter14 mines that the real property conveyed under 

15 paragraph (1) ceases to be held in public own16 ership or the State ceases to operate, maintain, 

17 and manage the real property in accordance 

18 with this subsection, all right, title, and interest 

19 in and to the property shall revert to the United 

20 States, at the option of the Secretary. 

21 (3) MITIGATION.—Nothing in this subsection 

22 extinguishes the responsibility of the Federal Gov23 ernment or the non-Federal interest for the project 

24 referred to in paragraph (1) from the obligation to 

25 implement mitigation for such project that existed 


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1 on the day prior to the transfer authorized by this 

2 subsection. 

3 (b) MILFORD, KANSAS.— 

4 (1) IN GENERAL.—The Secretary shall convey 

5 by quitclaim deed without consideration to the Geary 

6 County Fire Department, Milford, Kansas, all right, 

7 title, and interest of the United States in and to real 

8 property consisting of approximately 7.4 acres lo9 cated in Geary County, Kansas, for construction, op10 eration, and maintenance of a fire station. 

11 (2) REVERSION.—If the Secretary determines 

12 that the real property conveyed under paragraph (1) 

13 ceases to be held in public ownership or ceases to be 

14 operated and maintained as a fire station, all right, 

15 title, and interest in and to the property shall revert 

16 to the United States, at the option of the United 

17 States. 

18 (c) PIKE COUNTY, MISSOURI.— 

19 (1) IN GENERAL.—At such time as S.S.S., Inc., 

20 conveys all right, title and interest in and to the real 

21 property described in paragraph (2)(A) to the 

22 United States, the Secretary shall convey all right, 

23 title, and interest of the United States in and to the 

24 real property described in paragraph (2)(B) to 

25 S.S.S., Inc. 


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1 (2) LAND DESCRIPTION.—The parcels of land 

2 referred to in paragraph (1) are the following: 

3 (A) NON-FEDERAL LAND.—Approximately 

4 42 acres, the exact legal description to be deter5 mined by mutual agreement of S.S.S., Inc., and 

6 the Secretary, subject to any existing flowage 

7 easements situated in Pike County, Missouri, 

8 upstream and northwest, about a 200-foot dis9 tance from Drake Island (also known as Grimes 

10 Island). 

11 (B) FEDERAL LAND.—Approximately 42 

12 acres, the exact legal description to be deter13 mined by mutual agreement of S.S.S. Inc., and 

14 the Secretary, situated in Pike County, Mis15 souri, known as Government Tract Numbers 

16 MIs–7 and a portion of FM–46 (both tracts on 

17 Buffalo Island), administered by the Corps of 

18 Engineers. 

19 (3) CONDITIONS.—The exchange of real prop20 erty under paragraph (1) shall be subject to the fol21 lowing conditions: 

22 (A) DEEDS.— 

23 (i) NON-FEDERAL LAND.—The con24 veyance of the real property described in 

25 paragraph (2)(A) to the Secretary shall be 


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1 by a warranty deed acceptable to the Sec2 retary. 

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 con8 ditions as the Secretary considers nec9 essary to allow the United States to oper10 ate and maintain the Mississippi River 9- 

11 Foot Navigation Project. 

12 (B) REMOVAL OF IMPROVEMENTS.— 

13 S.S.S., Inc., may remove, and the Secretary 

14 may require S.S.S., Inc., to remove, any im15 provements on the land described in paragraph 

16 (2)(A). 

17 (C) TIME LIMIT FOR EXCHANGE.—The 

18 land exchange under paragraph (1) shall be 

19 completed not later than 2 years after the date 

20 of enactment of this Act. 

21 (4) VALUE OF PROPERTIES.—If the appraised 

22 fair market value, as determined by the Secretary, 

23 of the real property conveyed to S.S.S., Inc., by the 

24 Secretary under paragraph (1) exceeds the appraised 

25 fair market value, as determined by the Secretary, 


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1 of the real property conveyed to the United States 

2 by S.S.S., Inc., under paragraph (1), S.S.S., Inc., 

3 shall make a payment to the United States equal to 

4 the excess in cash or a cash equivalent that is satis5 factory to the Secretary. 

6 (d) BOARDMAN, OREGON.—Section 501(g)(1) of the 

7 Water Resources Development Act of 1996 (110 Stat. 

8 3751) is amended— 

9 (1) by striking ‘‘city of Boardman,’’ and insert10 ing ‘‘the Boardman Park and Recreation District, 

11 Boardman,’’; and 

12 (2) by striking ‘‘such city’’ and inserting ‘‘the 

13 city of Boardman’’. 

14 (e) LOWELL, OREGON.— 

15 (1) IN GENERAL.—The Secretary may convey 

16 without consideration to Lowell School District, by 

17 quitclaim deed, all right, title, and interest of the 

18 United States in and to land and buildings thereon, 

19 known as Tract A–82, located in Lowell, Oregon, 

20 and described in paragraph (2). 

21 (2) DESCRIPTION OF PROPERTY.—The parcel 

22 of land authorized to be conveyed under paragraph 

23 (1) is as follows: Commencing at the point of inter24 section of the west line of Pioneer Street with the 

25 westerly extension of the north line of Summit 


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1 Street, in Meadows Addition to Lowell, as platted 

2 and recorded at page 56 of Volume 4, Lane County 

3 Oregon Plat Records; thence north on the west line 

4 of Pioneer Street a distance of 176.0 feet to the true 

5 point of beginning of this description; thence north 

6 on the west line of Pioneer Street a distance of 

7 170.0 feet; thence west at right angles to the west 

8 line of Pioneer Street a distance of 250.0 feet; 

9 thence south and parallel to the west line of Pioneer 

10 Street a distance of 170.0 feet; thence east 250.0 

11 feet to the true point of beginning of this description 

12 in Section 14, Township 19 South, Range 1 West of 

13 the Willamette Meridian, Lane County, Oregon. 

14 (3) TERMS AND CONDITIONS.—Before con15 veying the parcel to the school district, the Secretary 

16 shall ensure that the conditions of buildings and fa17 cilities meet the requirements of applicable Federal 

18 law. 

19 (4) REVERSION.—If the Secretary determines 

20 that the property conveyed under paragraph (1) 

21 ceases to be held in public ownership, all right, title, 

22 and interest in and to the property shall revert to 

23 the United States, at the option of the United 

24 States. 

25 (f) LOWELL, OREGON.— 


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1 (1) RELEASE AND EXTINGUISHMENT OF DEED

2 RESERVATIONS.— 

3 (A) RELEASE AND EXTINGUISHMENT OF

4 DEED RESERVATIONS.—The Secretary may re5 lease and extinguish the deed reservations for 

6 access and communication cables contained in 

7 the quitclaim deed, dated January 26, 1965, 

8 and recorded February 15, 1965, in the records 

9 of Lane County, Oregon; except that such res10 ervations may only be released and extinguished 

11 for the lands owned by the city of Lowell as de12 scribed in the quitclaim deed, dated April 11, 

13 1991, in such records. 

14 (B) ADDITIONAL RELEASE AND EXTIN15 GUISHMENT OF DEED RESERVATIONS.—The 

16 Secretary may also release and extinguish the 

17 same deed reservations referred to in subpara18 graph (A) over land owned by Lane County, 

19 Oregon, within the city limits of Lowell, Or20 egon, to accommodate the development pro21 posals of the city of Lowell/St. Vincent de Paul, 

22 Lane County, affordable housing project; except 

23 that the Secretary may require, at no cost to 

24 the United States— 


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1 (i) the alteration or relocation of any 

2 existing facilities, utilities, roads, or similar 

3 improvements on such lands; and 

4 (ii) the right-of-way for such facilities, 

5 utilities, or improvements, as a pre-condi6 tion of any release or extinguishment of 

7 the deed reservations. 

8 (2) CONVEYANCE.—The Secretary may convey 

9 to the city of Lowell, Oregon, at fair market value 

10 the parcel of land situated in the city of Lowell, Or11 egon, at fair market value consisting of the strip of 

12 federally-owned lands located northeast of West 

13 Boundary Road between Hyland Lane and the city 

14 of Lowell’s eastward city limits. 

15 (3) ADMINISTRATIVE COST.—Notwithstanding 

16 paragraphs (1) and (2), the city of Lowell, Oregon, 

17 shall pay the administrative costs incurred by the 

18 United States to execute the release and extinguish19 ment of the deed reservations under paragraph (1) 

20 and the conveyance under paragraph (2). 

21 (g) RICHARD B. RUSSELL LAKE, SOUTH CARO22 LINA.— 

23 (1) IN GENERAL.—The Secretary shall convey 

24 to the State of South Carolina, by quitclaim deed, 

25 at fair market value, all right, title, and interest of 


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1 the United States in and to the real property de2 scribed in paragraph (2) that is managed, as of the 

3 date of enactment of this Act, by the South Carolina 

4 department of commerce for public recreation pur5 poses for the Richard B. Russell Dam and Lake, 

6 South Carolina, project authorized by section 203 of 

7 the Flood Control Act of 1966 (80 Stat. 1420). 

8 (2) LAND DESCRIPTION.—Subject to paragraph 

9 (3), the real property referred to in paragraph (1) 

10 is the parcel contained in the portion of real prop11 erty described in Army Lease Number DACW21–1– 

12 92–0500. 

13 (3) RESERVATION OF INTERESTS.—The United 

14 States shall reserve— 

15 (A) ownership of all real property included 

16 in the lease referred to in paragraph (2) that 

17 would have been acquired for operational pur18 poses in accordance with the 1971 implementa19 tion of the 1962 Army/Interior Joint Acquisi20 tion Policy; and 

21 (B) such other rights and interests in and 

22 to the real property to be conveyed as the Sec23 retary considers necessary for authorized 

24 project purposes, including easement rights-of25 way to remaining Federal land. 


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1 (4) NO EFFECT ON SHORE MANAGEMENT POL2 ICY.—The Shoreline Management Policy (ER–1130– 

3 2–406) of the Corps of Engineers shall not be 

4 changed or altered for any proposed development of 

5 land conveyed under this subsection. 

6 (5) COST SHARING.—In carrying out the con7 veyance under this subsection, the Secretary and the 

8 State shall comply with all obligations of any cost9 sharing agreement between the Secretary and the 

10 State with respect to the real property described in 

11 paragraph (2) in effect as of the date of the convey12 ance. 

13 (6) LAND NOT CONVEYED.—The State shall 

14 continue to manage the real property described in 

15 paragraph (3) not conveyed under this subsection in 

16 accordance with the terms and conditions of Army 

17 Lease Number DACW21–1–92–0500. 

18 (h) DENISON, TEXAS.— 

19 (1) IN GENERAL.—The Secretary shall offer to 

20 convey at fair market value to the city of Denison, 

21 Texas, all right, title, and interest of the United 

22 States in and to the approximately 900 acres of land 

23 located in Grayson County, Texas, which is currently 

24 subject to an application for lease for public park 


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1 and recreational purposes made by the city of 

2 Denison, dated August 17, 2005. 

3 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

4 The exact acreage and description of the real prop5 erty referred to in paragraph (1) shall be determined 

6 by a survey paid for by the city of Denison, Texas, 

7 that is satisfactory to the Secretary. 

8 (3) CONVEYANCE.—On acceptance by the city 

9 of Denison, Texas, of an offer under paragraph (1), 

10 the Secretary may immediately convey the land sur11 veyed under paragraph (2) by quitclaim deed to the 

12 city of Denison, Texas. 

13 (i) GENERALLY APPLICABLE PROVISIONS.— 

14 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

15 The exact acreage and the legal description of any 

16 real property to be conveyed under this section shall 

17 be determined by a survey that is satisfactory to the 

18 Secretary. 

19 (2) APPLICABILITY OF PROPERTY SCREENING

20 PROVISIONS.—Section 2696 of title 10, United 

21 States Code, shall not apply to any conveyance 

22 under this section. 

23 (3) ADDITIONAL TERMS AND CONDITIONS.— 

24 The Secretary may require that any conveyance 

25 under this section be subject to such additional 


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1 terms and conditions as the Secretary considers ap2 propriate and necessary to protect the interests of 

3 the United States. 

4 (4) COSTS OF CONVEYANCE.—An entity to 

5 which a conveyance is made under this section shall 

6 be responsible for all reasonable and necessary costs, 

7 including real estate transaction and environmental 

8 documentation costs, associated with the conveyance. 

9 (5) LIABILITY.—An entity to which a convey10 ance is made under this section shall hold the 

11 United States harmless from any liability with re12 spect to activities carried out, on or after the date 

13 of the conveyance, on the real property conveyed. 

14 The United States shall remain responsible for any 

15 liability with respect to activities carried out, before 

16 such date, on the real property conveyed. 

17 SEC. 3125. EXTINGUISHMENT OF REVERSIONARY INTER18 ESTS AND USE RESTRICTIONS. 

19 (a) IDAHO.— 

20 (1) IN GENERAL.—With respect to the property 

21 covered by each deed in paragraph (2)— 

22 (A) the reversionary interests and use re23 strictions relating to port and industrial use 

24 purposes are extinguished; 


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1 (B) the restriction that no activity shall be 

2 permitted that will compete with services and 

3 facilities offered by public marinas is extin4 guished; and 

5 (C) the human habitation or other building 

6 structure use restriction is extinguished if the 

7 elevation of the property is above the standard 

8 project flood elevation. 

9 (2) AFFECTED DEEDS.—The deeds with the fol10 lowing county auditor’s file numbers are referred to 

11 in paragraph (1): 

12 (A) Auditor’s Instrument No. 399218 of 

13 Nez Perce County, Idaho—2.07 acres. 

14 (B) Auditor’s Instrument No. 487437 of 

15 Nez Perce County, Idaho—7.32 acres. 

16 (b) LAKE TEXOMA, OKLAHOMA.— 

17 (1) RELEASE OF REVERSIONARY INTEREST.— 

18 Any reversionary interest relating to public parks 

19 and recreation on the land conveyed by the Sec20 retary to the State of Oklahoma at Lake Texoma 

21 pursuant to the Act entitled ‘‘An Act to authorize 

22 the sale of certain lands to the State of Oklahoma’’, 

23 approved June 16, 1953 (67 Stat. 63), is terminated 

24 as of the date of enactment of this Act. 


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1 (2) INSTRUMENT OF RELEASE.—As soon as 

2 practicable after the date of enactment of this Act, 

3 the Secretary shall execute and file in the appro4 priate office a deed of release, an amended deed, or 

5 another appropriate instrument to release each re6 versionary interest described in subsection (a). 

7 (3) PRESERVATION OF RESERVED RIGHTS.— 

8 Release of a reversionary interest in accordance with 

9 this section shall not be construed to affect any 

10 other right excepted or reserved for the United 

11 States in a deed of conveyance made pursuant to 

12 such Act of June 16, 1953. 

13 (c) OLD HICKORY LOCK AND DAM, CUMBERLAND

14 RIVER, TENNESSEE.— 

15 (1) RELEASE OF RETAINED RIGHTS, INTER16 ESTS, RESERVATIONS.—With respect to land con17 veyed by the Secretary to the Tennessee Society of 

18 Crippled Children and Adults, Incorporated (com19 monly known as ‘‘Easter Seals Tennessee’’) at Old 

20 Hickory Lock and Dam, Cumberland River, Ten21 nessee, under section 211 of the Flood Control Act 

22 of 1965 (79 Stat. 1087), the reversionary interests 

23 and the use restrictions relating to recreation and 

24 camping purposes are extinguished. 


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1 (2) INSTRUMENT OF RELEASE.—As soon as 

2 practicable after the date of enactment of this Act, 

3 the Secretary shall execute and file in the appro4 priate office a deed of release, amended deed, or 

5 other appropriate instrument effectuating the release 

6 of interests required by paragraph (1). 

7 (d) PORT OF PASCO, WASHINGTON.— 

8 (1) EXTINGUISHMENT OF USE RESTRICTIONS

9 AND FLOWAGE EASEMENT.—With respect to the 

10 property covered by the deed in paragraph (3)(A)— 

11 (A) the flowage easement and human habi12 tation or other building structure use restriction 

13 is extinguished if the elevation of the property 

14 is above the standard project flood elevation; 

15 and 

16 (B) the use of fill material to raise areas 

17 of the property above the standard project flood 

18 elevation is authorized, except in any area for 

19 which a permit under section 404 of the Fed20 eral Water Pollution Control Act (33 U.S.C. 

21 1344) is required. 

22 (2) EXTINGUISHMENT OF FLOWAGE EASE23 MENT.—With respect to the property covered by 

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1 ment is extinguished if the elevation of the property 

2 is above the standard project flood elevation. 

3 (3) AFFECTED DEEDS.—The deeds referred to 

4 in paragraphs (1) and (2) are as follows: 

5 (A) Auditor’s File Number 262980 of 

6 Franklin County, Washington. 

7 (B) Auditor’s File Numbers 263334 and 

8 404398 of Franklin County, Washington. 

9 (e) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

10 section affects the remaining rights and interests of the 

11 Corps of Engineers for authorized project purposes. 

12 TITLE IV—STUDIES 

13 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

14 Section 455 of the Water Resources Development Act 

15 of 1999 (42 U.S.C. 1962d–21) is amended by adding at 

16 the end the following: 

17 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 

18 non-Federal interest may provide up to 100 percent of the 

19 non-Federal share required under subsection (f) in the 

20 form of in-kind services and materials.’’. 

21 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

22 SITES. 

23 The Secretary shall conduct a study to determine the 

24 nature and frequency of avian botulism problems in the 

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1 posal sites and shall make recommendations to eliminate 

2 the conditions that result in such problems. 

3 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

4 STUDY. 

5 (a) IN GENERAL.—The Secretary, in coordination 

6 with the Secretary of the Interior, the Secretary of Agri7 culture, the Secretary of Commerce, and other appropriate 

8 agencies, shall conduct, at Federal expense, a comprehen9 sive study of drought conditions in the southwestern 

10 United States, with particular emphasis on the Colorado 

11 River basin, the Rio Grande River basin, and the Great 

12 Basin. 

13 (b) INVENTORY OF ACTIONS.—In conducting the 

14 study, the Secretary shall assemble an inventory of actions 

15 taken or planned to be taken to address drought-related 

16 situations in the southwestern United States. 

17 (c) PURPOSE.—The purpose of the study shall be to 

18 develop recommendations to more effectively address cur19 rent and future drought conditions in the southwestern 

20 United States. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary to carry 

23 out this section $7,000,000. Such funds shall remain 

24 available until expended. 


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1 SEC. 4004. DELAWARE RIVER. 

2 The Secretary shall review, in consultation with the 

3 Delaware River Basin Commission and the States of Dela4 ware, Pennsylvania, New Jersey, and New York, the re5 port of the Chief of Engineers on the Delaware River, pub6 lished as House Document Numbered 522, 87th Congress, 

7 Second Session, as it relates to the Mid-Delaware River 

8 Basin from Wilmington to Port Jervis, and any other per9 tinent reports (including the strategy for resolution of 

10 interstate flow management issues in the Delaware River 

11 Basin dated August 2004 and the National Park Service 

12 Lower Delaware River Management Plan (1997–1999)), 

13 with a view to determining whether any modifications of 

14 recommendations contained in the first report referred to 

15 are advisable at the present time, in the interest of flood 

16 damage reduction, ecosystem restoration, and other re17 lated problems. 

18 SEC. 4005. KNIK ARM, COOK INLET, ALASKA. 

19 The Secretary shall conduct, at Federal expense, a 

20 study to determine the potential impacts on navigation of 

21 construction of a bridge across Knik Arm, Cook Inlet, 

22 Alaska. 

23 SEC. 4006. KUSKOKWIM RIVER, ALASKA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for navigation, 


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1 Kuskokwim River, Alaska, in the vicinity of the village of 

2 Crooked Creek. 

3 SEC. 4007. ST. GEORGE HARBOR, ALASKA. 

4 The Secretary shall conduct, at Federal expense, a 

5 study to determine the feasibility of providing navigation 

6 improvements at St. George Harbor, Alaska. 

7 SEC. 4008. SUSITNA RIVER, ALASKA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for hydropower, recre10 ation, and related purposes on the Susitna River, Alaska. 

11 SEC. 4009. GILA BEND, MARICOPA, ARIZONA. 

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

13 study to determine the feasibility of carrying out a project 

14 for flood damage reduction, Gila Bend, Maricopa, Arizona. 

15 (b) REVIEW OF PLANS.—In conducting the study, the 

16 Secretary shall review plans and designs developed by non17 Federal interests and shall incorporate such plans and de18 signs into the Federal study if the Secretary determines 

19 that such plans and designs are consistent with Federal 

20 standards. 

21 SEC. 4010. SEARCY COUNTY, ARKANSAS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of using Greers Ferry Lake as a water supply 

24 source for Searcy County, Arkansas. 


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1 SEC. 4011. ALISO CREEK, CALIFORNIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for streambank protec4 tion and environmental restoration along Aliso Creek, 

5 California. 

6 SEC. 4012. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

7 The Secretary shall conduct a study of the Elkhorn 

8 Slough estuary, California, to determine the feasibility of 

9 conserving, enhancing, and restoring estuarine habitats by 

10 developing strategies to address hydrological management 

11 issues. 

12 SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, CALI13 FORNIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply for 

16 Fresno, Kings, and Kern Counties, California. 

17 SEC. 4014. LOS ANGELES RIVER REVITALIZATION STUDY, 

18 CALIFORNIA. 

19 (a) IN GENERAL.—The Secretary, in coordination 

20 with the city of Los Angeles, shall— 

21 (1) prepare a feasibility study for environmental 

22 restoration, flood control, recreation, and other as23 pects of Los Angeles River revitalization that is con24 sistent with the goals of the Los Angeles River Revi25 talization Master Plan published by the city of Los 

26 Angeles; and 


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1 (2) consider any locally-preferred project alter2 natives developed through a full and open evaluation 

3 process for inclusion in the study. 

4 (b) USE OF EXISTING INFORMATION AND MEAS5 URES.—In preparing the study under subsection (a), the 

6 Secretary shall use, to the maximum extent practicable— 

7 (1) information obtained from the Los Angeles 

8 River Revitalization Master Plan; and 

9 (2) the development process of that plan. 

10 (c) DEMONSTRATION PROJECTS.— 

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

12 to construct demonstration projects in order to pro13 vide information to develop the study under sub14 section (a)(1). 

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

16 the cost of any project under this subsection shall be 

17 not more than 65 percent. 

18 (3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection $20,000,000. 

21 SEC. 4015. LYTLE CREEK, RIALTO, CALIFORNIA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for flood damage re24 duction and groundwater recharge, Lytle Creek, Rialto, 

25 California. 


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1 SEC. 4016. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

2 CALIFORNIA. 

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

4 study to determine the feasibility of carrying out a project 

5 for water supply along the Mokelumne River, San Joaquin 

6 County, California. 

7 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

8 Nothing in this section shall be construed to invalidate, 

9 preempt, or create any exception to State water law, State 

10 water rights, or Federal or State permitted activities or 

11 agreements. 

12 SEC. 4017. NAPA RIVER, ST. HELENA, CALIFORNIA. 

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

14 comprehensive study of the Napa River in the vicinity of 

15 St. Helena, California, for the purposes of improving flood 

16 management through reconnecting the river to its flood17 plain; restoring habitat, including riparian and aquatic 

18 habitat; improving fish passage and water quality; and re19 storing native plant communities. 

20 (b) PLANS AND DESIGNS.—In conducting the study, 

21 the Secretary shall review plans and designs developed by 

22 non-Federal interests and shall incorporate such plans and 

23 designs into the Federal study if the Secretary determines 

24 that such plans and designs are consistent with Federal 

25 standards. 


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1 SEC. 4018. ORICK, CALIFORNIA. 

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

3 study to determine the feasibility of carrying out a project 

4 for flood damage reduction and ecosystem restoration, 

5 Orick, California. 

6 (b) FEASIBILITY OF RESTORING OR REHABILI7 TATING REDWOOK CREEK LEVEES.—In conducting the 

8 study, the Secretary shall determine the feasibility of re9 storing or rehabilitating the Redwood Creek Levees, Hum10 boldt County, California. 

11 SEC. 4019. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply for 

14 Rialto, Fontana, and Colton, California. 

15 SEC. 4020. SACRAMENTO RIVER, CALIFORNIA. 

16 The Secretary shall conduct a comprehensive study 

17 to determine the feasibility of, and alternatives for, meas18 ures to protect water diversion facilities and fish protective 

19 screen facilities in the vicinity of river mile 178 on the 

20 Sacramento River, California. 

21 SEC. 4021. SAN DIEGO COUNTY, CALIFORNIA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply, San 

24 Diego County, California, including a review of the feasi25 bility of connecting 4 existing reservoirs to increase usable 

26 storage capacity. 


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1 SEC. 4022. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA2 QUIN DELTA, CALIFORNIA. 

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

4 study to determine the feasibility of the beneficial use of 

5 dredged material from the San Francisco Bay in the Sac6 ramento-San Joaquin Delta, California, including the ben7 efits and impacts of salinity in the Delta and the benefits 

8 to navigation, flood damage reduction, ecosystem restora9 tion, water quality, salinity control, water supply reli10 ability, and recreation. 

11 (b) COOPERATION.—In conducting the study, the 

12 Secretary shall cooperate with the California Department 

13 of Water Resources and appropriate Federal and State en14 tities in developing options for the beneficial use of 

15 dredged material from San Francisco Bay for the Sac16 ramento-San Joaquin Delta area. 

17 (c) REVIEW.—The study shall include a review of the 

18 feasibility of using Sherman Island as a rehandling site 

19 for levee maintenance material, as well as for ecosystem 

20 restoration. The review may include monitoring a pilot 

21 project using up to 150,000 cubic yards of dredged mate22 rial and being carried out at the Sherman Island site, ex23 amining larger scale use of dredged materials from the 

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1 rials from the San Francisco Bay for both rehandling and 

2 ecosystem restoration purposes. 

3 SEC. 4023. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

4 CALIFORNIA. 

5 (a) IN GENERAL.—In conducting the South San 

6 Francisco Bay shoreline study, the Secretary shall— 

7 (1) review the planning, design, and land acqui8 sition documents prepared by the California State 

9 Coastal Conservancy, the Santa Clara Valley Water 

10 District, and other local interests in developing rec11 ommendations for measures to provide flood protec12 tion of the South San Francisco Bay shoreline, res13 toration of the South San Francisco Bay salt ponds 

14 (including lands owned by the Department of the In15 terior), and other related purposes; and 

16 (2) incorporate such planning, design, and land 

17 acquisition documents into the Federal study if the 

18 Secretary determines that such documents are con19 sistent with Federal standards. 

20 (b) REPORT.—Not later than December 31, 2008, 

21 the Secretary shall transmit a feasibility report for the 

22 South San Francisco Bay shoreline study to the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Environment 

25 and Public Works of the Senate. 


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1 (c) CREDIT.— 

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

3 toward the non-Federal share of the cost of any 

4 project authorized by law as a result of the South 

5 San Francisco Bay shoreline study the cost of work 

6 carried out by the non-Federal interest before the 

7 date of the partnership agreement for the project if 

8 the Secretary determines that the work is integral to 

9 the project. 

10 (2) LIMITATION.—In no case may work that 

11 was carried out more than 5 years before the date 

12 of enactment of this Act be eligible for credit under 

13 this subsection. 

14 SEC. 4024. TWENTYNINE PALMS, CALIFORNIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for flood damage re17 duction, Pinto Cove Wash, in the vicinity of Twentynine 

18 Palms, California. 

19 SEC. 4025. YUCCA VALLEY, CALIFORNIA. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for flood damage re22 duction, West Burnt Mountain basin, in the vicinity of 

23 Yucca Valley, California. 


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1 SEC. 4026. ROARING FORK RIVER, BASALT, COLORADO. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction and other purposes for the Roaring Fork River, 

5 Basalt, Colorado. 

6 SEC. 4027. DELAWARE AND CHRISTINA RIVERS AND 

7 SHELLPOT CREEK, WILMINGTON, DELAWARE. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage re10 duction and related purposes along the Delaware and 

11 Christina Rivers and Shellpot Creek, Wilmington, Dela12 ware. 

13 SEC. 4028. COLLIER COUNTY BEACHES, FLORIDA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for hurricane and 

16 storm damage reduction and flood damage reduction in 

17 the vicinity of Vanderbilt, Park Shore, and Naples beach18 es, Collier County, Florida. 

19 SEC. 4029. LOWER ST. JOHNS RIVER, FLORIDA. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for environmental pro22 tection and restoration, including improved water quality, 

23 and related purposes, Lower St. Johns River, Florida. 

24 SEC. 4030. VANDERBILT BEACH LAGOON, FLORIDA. 

25 The Secretary shall conduct a study to determine the 

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1 toration, water supply, and improvement of water quality 

2 at Vanderbilt Beach Lagoon, Florida. 

3 SEC. 4031. MERIWETHER COUNTY, GEORGIA. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for water supply, 

6 Meriwether County, Georgia. 

7 SEC. 4032. TYBEE ISLAND, GEORGIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of including the northern end of Tybee Island 

10 extending from the north terminal groin to the mouth of 

11 Lazaretto Creek as a part of the project for beach erosion 

12 control, Tybee Island, Georgia, carried out under section 

13 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d– 

14 5). 

15 SEC. 4033. BOISE RIVER, IDAHO. 

16 The study for flood control, Boise River, Idaho, au17 thorized by section 414 of the Water Resources Develop18 ment Act of 1999 (113 Stat. 324), is modified— 

19 (1) to add ecosystem restoration and water sup20 ply as project purposes to be studied; and 

21 (2) to require the Secretary to credit toward the 

22 non-Federal share of the cost of the study the cost, 

23 not to exceed $500,000, of work carried out by the 

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1 ship agreement for the project if the Secretary de2 termines that the work is integral to the project. 

3 SEC. 4034. BALLARD’S ISLAND SIDE CHANNEL, ILLINOIS. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for ecosystem restora6 tion, Ballard’s Island, Illinois. 

7 SEC. 4035. SALEM, INDIANA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project to provide an addi10 tional water supply source for Salem, Indiana. 

11 SEC. 4036. BUCKHORN LAKE, KENTUCKY. 

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

13 study to determine the feasibility of modifying the project 

14 for flood damage reduction, Buckhorn Lake, Kentucky, 

15 authorized by section 2 of the Flood Control Act of June 

16 28, 1938 (52 Stat. 1217), to add ecosystem restoration, 

17 recreation, and improved access as project purposes, in18 cluding permanently raising the winter pool elevation of 

19 the project. 

20 (b) IN-KIND CONTRIBUTIONS.—The non-Federal in21 terest may provide the non-Federal share of the cost of 

22 the study in the form of in-kind services and materials. 


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1 SEC. 4037. DEWEY LAKE, KENTUCKY. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of modifying the project for Dewey Lake, Ken4 tucky, to add water supply as a project purpose. 

5 SEC. 4038. LOUISVILLE, KENTUCKY. 

6 The Secretary shall conduct a study of the project 

7 for flood control, Louisville, Kentucky, authorized by sec8 tion 4 of the Flood Control Act of June 28, 1938 (52 Stat. 

9 1217), to investigate measures to address the rehabilita10 tion of the project. 

11 SEC. 4039. CLINTON RIVER, MICHIGAN. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for environmental res14 toration, Clinton River, Michigan. 

15 SEC. 4040. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI16 GAN. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for flood damage re19 duction on Ore Lake and the Huron River for Hamburg 

20 and Green Oak Townships, Michigan. 

21 SEC. 4041. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

22 WISCONSIN. 

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

24 study and prepare a report to evaluate the integrity of 

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1 luth-Superior Harbor, Duluth, Minnesota, and Superior, 

2 Wisconsin. 

3 (b) CONTENTS.—The report shall include— 

4 (1) a determination of causes of corrosion of 

5 the bulkhead system; 

6 (2) recommendations to reduce corrosion of the 

7 bulkhead system; 

8 (3) a description of the necessary repairs to the 

9 bulkhead system; and 

10 (4) an estimate of the cost of addressing the 

11 causes of the corrosion and carrying out necessary 

12 repairs. 

13 SEC. 4042. NORTHEAST MISSISSIPPI. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of modifying the project for navigation, Ten16 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

17 provide water supply for northeast Mississippi. 

18 SEC. 4043. ST. LOUIS, MISSOURI. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage re21 duction, St. Louis, Missouri, to restore or rehabilitate the 

22 levee system feature of the project for flood protection, 

23 St. Louis, Missouri, authorized by the first section of the 

24 Act entitled ‘‘An Act authorizing construction of certain 

25 public works on the Mississippi River for the protection 


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1 of Saint Louis, Missouri’’, approved August 9, 1955 (69 

2 Stat. 540). 

3 SEC. 4044. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project in the vicinity of the 

6 Atlantic Intracoastal Waterway, New Jersey, for the con7 struction of a dredged material disposal transfer facility 

8 to make dredged material available for beneficial reuse. 

9 SEC. 4045. BAYONNE, 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 Kill Van Kull, Bayonne, 

14 New Jersey. 

15 SEC. 4046. CARTERET, NEW JERSEY. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for environmental res18 toration, including improved water quality, enhanced pub19 lic access, and recreation, on the Raritan River, Carteret, 

20 New Jersey. 

21 SEC. 4047. GLOUCESTER COUNTY, NEW JERSEY. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for flood damage re24 duction, Gloucester County, New Jersey, including the 

25 feasibility of restoring the flood protection dikes in 


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1 Gibbstown, New Jersey, and the associated tidegates in 

2 Gloucester County, New Jersey. 

3 SEC. 4048. PERTH AMBOY, NEW JERSEY. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for riverfront develop6 ment, including enhanced public access, recreation, and 

7 environmental restoration, on the Arthur Kill, Perth 

8 Amboy, New Jersey. 

9 SEC. 4049. BATAVIA, NEW YORK. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for hydropower and 

12 related purposes in the vicinity of Batavia, New York. 

13 SEC. 4050. BIG SISTER CREEK, EVANS, NEW YORK. 

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

15 study to determine the feasibility of carrying out a project 

16 for flood damage reduction, Big Sister Creek, Evans, New 

17 York. 

18 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In 

19 conducting the study, the Secretary shall evaluate poten20 tial solutions to flooding from all sources, including flood21 ing that results from ice jams. 

22 SEC. 4051. FINGER LAKES, NEW YORK. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for aquatic ecosystem 


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1 restoration and protection, Finger Lakes, New York, to 

2 address water quality and aquatic nuisance species. 

3 SEC. 4052. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for storm damage re6 duction and shoreline protection in the vicinity of Galla7 gher Beach, Lake Erie Shoreline, Buffalo, New York. 

8 SEC. 4053. NEWTOWN CREEK, NEW YORK. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out ecosystem restoration improve11 ments on Newtown Creek, Brooklyn and Queens, New 

12 York. 

13 SEC. 4054. NIAGARA RIVER, NEW YORK. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for a low-head hydro16 electric generating facility in the Niagara River, New 

17 York. 

18 SEC. 4055. SHORE PARKWAY GREENWAY, BROOKLYN, NEW 

19 YORK. 

20 The Secretary shall conduct a study of the feasibility 

21 of carrying out a project for shoreline protection in the 

22 vicinity of the confluence of the Narrows and Gravesend 

23 Bay, Upper New York Bay, Shore Parkway Greenway, 

24 Brooklyn, New York. 


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1 SEC. 4056. UPPER DELAWARE RIVER WATERSHED, NEW 

2 YORK. 

3 Notwithstanding section 221 of the Flood Control 

4 Act of 1970 (42 U.S.C. 1962d–5b) and with the consent 

5 of the affected local government, a nonprofit organization 

6 may serve as the non-Federal interest for a study for the 

7 Upper Delaware River watershed, New York, being carried 

8 out under Committee Resolution 2495 of the Committee 

9 on Transportation and Infrastructure of the House of 

10 Representatives, adopted May 9, 1996. 

11 SEC. 4057. LINCOLN COUNTY, NORTH CAROLINA. 

12 The Secretary shall conduct a study of existing water 

13 and water quality-related infrastructure in Lincoln Coun14 ty, North Carolina, to assist local interests in determining 

15 the most efficient and effective way to connect county in16 frastructure. 

17 SEC. 4058. WILKES COUNTY, NORTH CAROLINA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for water supply, 

20 Wilkes County, North Carolina. 

21 SEC. 4059. YADKINVILLE, NORTH CAROLINA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply, 

24 Yadkinville, North Carolina. 


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1 SEC. 4060. LAKE ERIE, OHIO. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out projects for power generation 

4 at confined disposal facilities along Lake Erie, Ohio. 

5 SEC. 4061. OHIO RIVER, OHIO. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out projects for flood damage reduc8 tion on the Ohio River in Mahoning, Columbiana, Jeffer9 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

10 Gallia, Lawrence, and Scioto Counties, Ohio. 

11 SEC. 4062. ECOSYSTEM RESTORATION AND FISH PASSAGE 

12 IMPROVEMENTS, OREGON. 

13 (a) STUDY.—The Secretary shall conduct a study to 

14 determine the feasibility of undertaking ecosystem restora15 tion and fish passage improvements on rivers throughout 

16 the State of Oregon. 

17 (b) REQUIREMENTS.—In carrying out the study, the 

18 Secretary shall— 

19 (1) work in coordination with the State of Or20 egon, local governments, and other Federal agencies; 

21 and 

22 (2) place emphasis on— 

23 (A) fish passage and conservation and res24 toration strategies to benefit species that are 

25 listed or proposed for listing as threatened or 


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1 endangered species under the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 

3 (B) other watershed restoration objectives. 

4 (c) PILOT PROGRAM.— 

5 (1) IN GENERAL.—In conjunction with con6 ducting the study under subsection (a), the Sec7 retary may carry out pilot projects to demonstrate 

8 the effectiveness of ecosystem restoration and fish 

9 passages. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated $5,000,000 

12 to carry out this subsection. 

13 SEC. 4063. WALLA WALLA RIVER BASIN, OREGON. 

14 In conducting the study of determine the feasibility 

15 of carrying out a project for ecosystem restoration, Walla 

16 Walla River Basin, Oregon, the Secretary shall— 

17 (1) credit toward the non-Federal share of the 

18 cost of the study the cost of work carried out by the 

19 non-Federal interest before the date of the partner20 ship agreement for the project if the Secretary de21 termines that the work is integral to the project; and 

22 (2) allow the non-Federal interest to provide 

23 the non-Federal share of the cost of the study in the 

24 form of in-kind services and materials. 


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1 SEC. 4064. CHARTIERS CREEK WATERSHED, PENNSYL2 VANIA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for flood damage re5 duction, Chartiers Creek watershed, Pennsylvania. 

6 SEC. 4065. KINZUA DAM AND ALLEGHENY RESERVOIR, 

7 PENNSYLVANIA. 

8 The Secretary shall conduct a study of the project 

9 for flood control, Kinzua Dam and Allegheny Reservoir, 

10 Warren, Pennsylvania, authorized by section 5 of the 

11 Flood Control Act of June 22, 1936 (49 Stat. 1570), and 

12 modified by section 2 of the Flood Control Act of June 

13 28, 1938 (52 Stat. 1215), section 2 of the Flood Control 

14 Act of August 18, 1941 (55 Stat. 646), and section 4 of 

15 the Flood Control Act of December 22, 1944 (58 Stat. 

16 887), to review operations of and identify modifications 

17 to the project to expand recreational opportunities. 

18 SEC. 4066. WESTERN PENNSYLVANIA FLOOD DAMAGE RE19 DUCTION, PENNSYLVANIA. 

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

21 study of structural and nonstructural flood damage reduc22 tion, stream bank protection, storm water management, 

23 channel clearing and modification, and watershed coordi24 nation measures in the Mahoning River basin, Pennsyl25 vania, the Allegheny River basin, Pennsylvania, and the 

26 Upper Ohio River basin, Pennsylvania, to provide a level 


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1 of flood protection sufficient to prevent future losses to 

2 communities located in such basins from flooding such as 

3 occurred in September 2004, but not less than a 100-year 

4 level of flood protection. 

5 (b) PRIORITY COMMUNITIES.—In carrying out this 

6 section, the Secretary shall give priority to the following 

7 Pennsylvania communities: Marshall Township, Ross 

8 Township, Shaler Township, Jackson Township, Har9 mony, Zelienople, Darlington Township, Houston Bor10 ough, Chartiers Township, Washington, Canton Town11 ship, Tarentum Borough, and East Deer Township. 

12 SEC. 4067. WILLIAMSPORT, PENNSYLVANIA. 

13 The Secretary shall conduct a study of the project 

14 for flood control, Williamsport, Pennsylvania, authorized 

15 by section 5 of the Flood Control Act of June 22, 1936 

16 (49 Stat. 1570), to investigate measures to rehabilitate 

17 the project. 

18 SEC. 4068. YARDLEY BOROUGH, PENNSYLVANIA. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage re21 duction, at Yardley Borough, Pennsylvania, including the 

22 alternative of raising River Road. 

23 SEC. 4069. RIO VALENCIANO, JUNCOS, PUERTO RICO. 

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

25 study to reevaluate the project for flood damage reduction 


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1 and water supply, Rio Valenciano, Juncos, Puerto Rico, 

2 authorized by section 209 of the Flood Control Act of 

3 1962 (76 Stat. 1197) and section 204 of the Flood Con4 trol Act of 1970 (84 Stat. 1828), to determine the feasi5 bility of carrying out the project. 

6 (b) CREDIT.—The Secretary shall credit toward the 

7 non-Federal share of the cost of the study the cost of work 

8 carried out by the non-Federal interest before the date of 

9 the partnership agreement for the project if the Secretary 

10 determines that the work is integral to the project. 

11 SEC. 4070. CROOKED CREEK, BENNETTSVILLE, SOUTH 

12 CAROLINA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for water supply, 

15 Crooked Creek, Bennettsville, South Carolina. 

16 SEC. 4071. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for water supply, 

19 Broad River, York County, South Carolina. 

20 SEC. 4072. CHATTANOOGA, TENNESSEE. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage re23 duction, Chattanooga Creek, Dobbs Branch, Chattanooga, 

24 Tennessee. 


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1 SEC. 4073. CLEVELAND, TENNESSEE. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Cleveland, Tennessee. 

5 SEC. 4074. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for recreation on, river8 bank protection for, and environmental protection of, the 

9 Cumberland River and riparian habitats in the city of 

10 Nashville and Davidson County, Tennessee. 

11 SEC. 4075. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN12 NESSEE. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for water supply for 

15 Lewis, Lawrence, and Wayne Counties, Tennessee. 

16 SEC. 4076. WOLF RIVER AND NONCONNAH CREEK, MEM17 PHIS TENNESSEE. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction along Wolf River and Nonconnah Creek, in the 

21 vicinity of Memphis, Tennessee, to include the repair, re22 placement, rehabilitation, and restoration of the following 

23 pumping stations: Cypress Creek, Nonconnah Creek, 

24 Ensley, Marble Bayou, and Bayou Gayoso. 


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1 SEC. 4077. ABILENE, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for water supply, Abi4 lene, Texas. 

5 SEC. 4078. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

6 RESTORATION, TEXAS. 

7 (a) IN GENERAL.—The Secretary shall develop a 

8 comprehensive plan to determine the feasibility of carrying 

9 out projects for flood damage reduction, hurricane and 

10 storm damage reduction, and ecosystem restoration in the 

11 coastal areas of the State of Texas. 

12 (b) SCOPE.—The comprehensive plan shall provide 

13 for the protection, conservation, and restoration of wet14 lands, barrier islands, shorelines, and related lands and 

15 features that protect critical resources, habitat, and infra16 structure from the impacts of coastal storms, hurricanes, 

17 erosion, and subsidence. 

18 (c) DEFINITION.—For purposes of this section, the 

19 term ‘‘coastal areas in the State of Texas’’ means the 

20 coastal areas of the State of Texas from the Sabine River 

21 on the east to the Rio Grande River on the west and in22 cludes tidal waters, barrier islands, marshes, coastal wet23 lands, rivers and streams, and adjacent areas. 

24 SEC. 4079. PORT OF GALVESTON, TEXAS. 

25 The Secretary shall conduct a study of the feasibility 

26 of carrying out a project for dredged material disposal in 


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1 the vicinity of the project for navigation and environ2 mental restoration, Houston-Galveston Navigation Chan3 nels, Texas, authorized by section 101(a)(30) of the Water 

4 Resources Development Act of 1996 (110 Stat. 3666). 

5 SEC. 4080. GRAND COUNTY AND MOAB, UTAH. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for water supply for 

8 Grand County and the city of Moab, Utah, including a 

9 review of the impact of current and future demands on 

10 the Spanish Valley Aquifer. 

11 SEC. 4081. SOUTHWESTERN UTAH. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for flood damage re14 duction, Santa Clara River, Washington, Iron, and Kane 

15 Counties, Utah. 

16 SEC. 4082. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

17 CAROLINA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction, environmental restoration, navigation, and ero21 sion control, Chowan River basin, Virginia and North 

22 Carolina. 

23 SEC. 4083. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

24 (a) IN GENERAL.—The study for rehabilitation of the 

25 Elliott Bay Seawall, Seattle, Washington, being carried 


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1 out under Committee Resolution 2704 of the Committee 

2 on Transportation and Infrastructure of the House of 

3 Representatives adopted September 25, 2002, is modified 

4 to include a determination of the feasibility of reducing 

5 future damage to the seawall from seismic activity. 

6 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

7 out the study, the Secretary may accept contributions in 

8 excess of the non-Federal share of the cost of the study 

9 from the non-Federal interest to the extent that the Sec10 retary determines that the contributions will facilitate 

11 completion of the study. 

12 (c) CREDIT.—The Secretary shall credit toward the 

13 non-Federal share of the cost of any project authorized 

14 by law as a result of the study the value of contributions 

15 accepted by the Secretary under subsection (b). 

16 SEC. 4084. MONONGAHELA RIVER BASIN, NORTHERN WEST 

17 VIRGINIA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out aquatic ecosystem restoration 

20 and protection projects in the watersheds of the 

21 Monongahela River Basin lying within the counties of 

22 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

23 Doddridge, Monongalia, Marion, Harrison, Taylor, 

24 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 


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1 Brooke, and Rithchie, West Virginia, particularly as re2 lated to abandoned mine drainage abatement. 

3 SEC. 4085. KENOSHA HARBOR, WISCONSIN. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for navigation, Keno6 sha Harbor, Wisconsin, including the extension of existing 

7 piers. 

8 SEC. 4086. WAUWATOSA, WISCONSIN. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for flood damage re11 duction and environmental restoration, Menomonee River 

12 and Underwood Creek, Wauwatosa, Wisconsin, and great13 er Milwaukee watersheds, Wisconsin. 

14 SEC. 4087. JOHNSONVILLE DAM, JOHNSONVILLE, WIS15 CONSIN. 

16 The Secretary shall conduct a study of the 

17 Johnsonville Dam, Johnsonville, Wisconsin, to determine 

18 if the structure prevents ice jams on the Sheboygan River. 

19 TITLE V—MISCELLANEOUS 

20 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

21 (a) IN GENERAL.—Upon request of a non-Federal in22 terest, the Secretary shall be responsible for maintenance 

23 of the following navigation channels and breakwaters con24 structed or improved by the non-Federal interest if the 

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1 cally justified and environmentally acceptable and that the 

2 channel or breakwater was constructed in accordance with 

3 applicable permits and appropriate engineering and design 

4 standards: 

5 (1) Manatee Harbor basin, Florida. 

6 (2) West turning basin, Canaveral Harbor, 

7 Florida. 

8 (3) Bayou LaFourche Channel, Port Fourchon, 

9 Louisiana. 

10 (4) Calcasieu River at Devil’s Elbow, Louisiana. 

11 (5) Pidgeon Industrial Harbor, Pidgeon Indus12 trial Park, Memphis Harbor, Tennessee. 

13 (6) Pix Bayou Navigation Channel, Chambers 

14 County, Texas. 

15 (7) Racine Harbor, Wisconsin. 

16 (b) COMPLETION OF ASSESSMENT.—Not later than 

17 6 months after the date of receipt of a request from a 

18 non-Federal interest for Federal assumption of mainte19 nance of a channel listed in subsection (a), the Secretary 

20 shall make a determination as provided in subsection (a) 

21 and advise the non-Federal interest of the Secretary’s de22 termination. 

23 SEC. 5002. WATERSHED MANAGEMENT. 

24 (a) IN GENERAL.—The Secretary may provide tech25 nical, planning, and design assistance to non-Federal inVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 terests for carrying out watershed management, restora2 tion, and development projects at the locations described 

3 in subsection (d). 

4 (b) SPECIFIC MEASURES.—Assistance provided 

5 under subsection (a) may be in support of non-Federal 

6 projects for the following purposes: 

7 (1) Management and restoration of water qual8 ity. 

9 (2) Control and remediation of toxic sediments. 

10 (3) Restoration of degraded streams, rivers, 

11 wetlands, and other waterbodies to their natural 

12 condition as a means to control flooding, excessive 

13 erosion, and sedimentation. 

14 (4) Protection and restoration of watersheds, 

15 including urban watersheds. 

16 (5) Demonstration of technologies for non17 structural measures to reduce destructive impacts of 

18 flooding. 

19 (c) NON-FEDERAL SHARE.—The non-Federal share 

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

21 shall be 50 percent. 

22 (d) PROJECT LOCATIONS.—The locations referred to 

23 in subsection (a) are the following: 

24 (1) Charlotte Harbor watershed, Florida. 

25 (2) Big Creek watershed, Roswell, Georgia. 


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1 (3) Those portions of the watersheds of the 

2 Chattahoochee, Etowah, Flint, Ocmulgee, and 

3 Oconee Rivers lying within the counties of Bartow, 

4 Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

5 Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, 

6 Paulding, Rockdale, and Walton, Georgia. 

7 (4) Kinkaid Lake, Jackson County, Illinois. 

8 (5) Amite River basin, Louisiana. 

9 (6) East Atchafalaya River basin, Iberville Par10 ish and Pointe Coupee Parish, Louisiana. 

11 (7) Red River watershed, Louisiana. 

12 (8) Lower Platte River watershed, Nebraska. 

13 (9) Rio Grande watershed, New Mexico. 

14 (10) Taunton River basin, Massachusetts. 

15 (11) Marlboro Township, New Jersey. 

16 (12) Esopus, Plattekill, and Rondout Creeks, 

17 Greene, Sullivan, and Ulster Counties, New York. 

18 (13) Greenwood Lake watershed, New York 

19 and New Jersey. 

20 (14) Long Island Sound watershed, New York. 

21 (15) Tuscarawas River basin, Ohio. 

22 (16) Ramapo River watershed, New York. 

23 (17) Western Lake Erie basin, Ohio. 

24 (18) Those portions of the watersheds of the 

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1 gheny, Kiskiminetas, Lower Monongahela, 

2 Youghiogheny, Shenango, and Mahoning Rivers 

3 lying within the counties of Beaver, Butler, Law4 rence, and Mercer, Pennsylvania. 

5 (19) Otter Creek watershed, Pennsylvania. 

6 (20) Unami Creek watershed, Milford Town7 ship, Pennsylvania. 

8 (21) Sauk River basin, Washington. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $15,000,000. 

12 SEC. 5003. DAM SAFETY. 

13 (a) ASSISTANCE.—The Secretary may provide assist14 ance to enhance dam safety at the following locations: 

15 (1) Fish Creek Dam, Blaine County, Idaho. 

16 (2) Hamilton Dam, Flint River, Flint, Michi17 gan. 

18 (3) State Dam, Auburn, New York. 

19 (4) Whaley Lake Dam, Pawling, New York. 

20 (5) Ingham Spring Dam, Solebury Township, 

21 Pennsylvania. 

22 (6) Leaser Lake Dam, Lehigh County, Pennsyl23 vania. 

24 (7) Stillwater Dam, Monroe County, Pennsyl25 vania. 


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1 (8) Wissahickon Creek Dam, Montgomery 

2 County, Pennsylvania. 

3 (b) SPECIAL RULE.—The assistance provided under 

4 subsection (a) for State Dam, Auburn, New York, shall 

5 be for a project for rehabilitation in accordance with the 

6 report on State Dam Rehabilitation, Owasco Lake Outlet, 

7 New York, dated March 1999, if the Secretary determines 

8 that the project is feasible. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out subsection (a) 

11 $6,000,000. 

12 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

13 (a) IN GENERAL.—Upon request of a non-Federal in14 terest, the Secretary shall evaluate the structural integrity 

15 and effectiveness of a project for flood damage reduction 

16 and, if the Secretary determines that the project does not 

17 meet such minimum standards as the Secretary may es18 tablish and, absent action by the Secretary, the project 

19 will fail, the Secretary may take such action as may be 

20 necessary to restore the integrity and effectiveness of the 

21 project. 

22 (b) PRIORITY.—The Secretary shall evaluate under 

23 subsection (a) the following projects: 

24 (1) Project for flood damage reduction, Arkan25 sas River Levees, Arkansas. 


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1 (2) Project for flood damage reduction, 

2 Nonconnah Creek, Tennessee. 

3 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

4 (a) IN GENERAL.—Section 212(e) of the Water Re5 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

6 Stat. 2599) is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraphs 

8 (23) and (27); 

9 (2) by striking the period at the end of para10 graph (28) and inserting a semicolon; and 

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

12 ‘‘(29) Ascension Parish, Louisiana; 

13 ‘‘(30) East Baton Rouge Parish, Louisiana; 

14 ‘‘(31) Iberville Parish, Louisiana; 

15 ‘‘(32) Livingston Parish, Louisiana; and 

16 ‘‘(33) Pointe Coupee Parish, Louisiana.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended 

19 by striking ‘‘section—’’ and all that follows before the pe20 riod at the end and inserting ‘‘section $20,000,000’’. 

21 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

22 PROJECTS. 

23 (a) IN GENERAL.—Section 219(e) of the Water Re24 sources Development Act of 1992 (106 Stat. 4835; 110 

25 Stat. 3757; 113 Stat. 334) is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (7); 

3 (2) by striking the period at the end of para4 graph (8) and inserting a semicolon; and 

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

6 ‘‘(9) $35,000,000 for the project described in 

7 subsection (c)(18); 

8 ‘‘(10) $27,000,000 for the project described in 

9 subsection (c)(19); 

10 ‘‘(11) $20,000,000 for the project described in 

11 subsection (c)(20); 

12 ‘‘(12) $35,000,000 for the project described in 

13 subsection (c)(23); 

14 ‘‘(13) $20,000,000 for the project described in 

15 subsection (c)(25); 

16 ‘‘(14) $20,000,000 for the project described in 

17 subsection (c)(26); 

18 ‘‘(15) $35,000,000 for the project described in 

19 subsection (c)(27); 

20 ‘‘(16) $20,000,000 for the project described in 

21 subsection (c)(28); and 

22 ‘‘(17) $30,000,000 for the project described in 

23 subsection (c)(40).’’. 

24 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR25 KANSAS.—Federal assistance made available under the 


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1 rural enterprise zone program of the Department of Agri2 culture may be used toward payment of the non-Federal 

3 share of the costs of the project described in section 

4 219(c)(20) of the Water Resources Development Act of 

5 1992 (114 Stat. 2763A–219) if such assistance is author6 ized to be used for such purposes. 

7 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND 

8 CONSTRUCTION FOR CERTAIN PROJECTS. 

9 The Secretary shall expedite completion of the re10 ports and, if the Secretary determines that the project is 

11 feasible, shall expedite completion of construction for the 

12 following projects: 

13 (1) Daytona Beach shore protection project, 

14 Florida. 

15 (2) Flagler Beach shore protection project, 

16 Florida. 

17 (3) St. Johns County shore protection project, 

18 Florida. 

19 (4) False River, Louisiana, being carried out 

20 under section 206 of the Water Resources Develop21 ment Act of 1996 (33 U.S.C. 2330). 

22 (5) Fulmer Creek, Village of Mohawk, New 

23 York, being carried out under section 205 of the 

24 Flood Control Act of 1948 (33 U.S.C. 701s). 


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1 (6) Moyer Creek, Village of Frankfort, New 

2 York, being carried out under section 205 of the 

3 Flood Control Act of 1948 (33 U.S.C. 701s). 

4 (7) Steele Creek, Village of Ilion, New York, 

5 being carried out under section 205 of the Flood 

6 Control Act of 1948 (33 U.S.C. 701s). 

7 (8) Oriskany Wildlife Management Area, Rome, 

8 New York, being carried out under section 206 of 

9 the Water Resources Development Act of 1996 (33 

10 U.S.C. 2330). 

11 (9) Whitney Point Lake, Otselic River, Whitney 

12 Point, New York, being carried out under section 

13 1135 of the Water Resources Development Act of 

14 1986 (33 U.S.C. 2309a). 

15 (10) North River, Peabody, Massachusetts, 

16 being carried out under section 205 of the Flood 

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

18 (11) Chenango Lake, Chenango County, New 

19 York, being carried out under section 206 of the 

20 Water Resources Development Act of 1996 (33 

21 U.S.C. 2330). 

22 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER23 TAIN PROJECTS. 

24 (a) IN GENERAL.—The Secretary shall expedite com25 pletion of the reports for the following projects and, if the 


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1 Secretary determines that a project is justified in the com2 pleted report, proceed directly to project preconstruction, 

3 engineering, and design: 

4 (1) Project for water supply, Little Red River, 

5 Arkansas. 

6 (2) Project for shoreline stabilization at 

7 Egmont Key, Florida. 

8 (3) Project for ecosystem restoration, Univer9 sity Lake, Baton Rouge, Louisiana. 

10 (4) Project for navigation, Sabine-Neches Wa11 terway, Texas and Louisiana. 

12 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.— 

13 In carrying out the project for shoreline stabilization at 

14 Egmont Key, Florida, referred to in subsection (a)(3), the 

15 Secretary shall waive any cost share to be provided by non16 Federal interests for any portion of the project that bene17 fits federally owned property. 

18 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS19 MENT. 

20 (a) IN GENERAL.—The Secretary shall conduct, at 

21 Federal expense, an assessment of the water resources 

22 needs of the river basins and watersheds of the south23 eastern United States. 

24 (b) COOPERATIVE AGREEMENTS.—In carrying out 

25 the assessment, the Secretary may enter into cooperative 


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1 agreements with State and local agencies, non-Federal 

2 and nonprofit entities, and regional researchers. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $7,000,000 to carry out this 

5 section. 

6 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

7 MANAGEMENT PROGRAM. 

8 Section 1103(e)(7) of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 652(e)(7)) is amended— 

10 (1) by adding at the end of subparagraph (A) 

11 the following: ‘‘The non-Federal interest may pro12 vide the non-Federal share of the cost of the project 

13 in the form of in-kind services and materials.’’; and 

14 (2) by inserting after subparagraph (B) the fol15 lowing: 

16 ‘‘(C) Notwithstanding section 221 of the Flood Con17 trol Act of 1970 (42 U.S.C. 1962d–5b), a non-Federal in18 terest may include for any project undertaken under this 

19 section, a nonprofit entity with the consent of the affected 

20 local government.’’. 

21 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVER EN22 HANCEMENT PROJECT. 

23 Section 514(g) of the Water Resources Development 

24 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

25 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’. 


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1 SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION. 

3 Section 506(f)(3)(B) of the Water Resources Devel4 opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 

5 2646) is amended by striking ‘‘50 percent’’ and inserting 

6 ‘‘100 percent’’. 

7 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

8 SEDIMENT REMEDIATION. 

9 Section 401(c) of the Water Resources Development 

10 Act of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is 

11 amended by striking ‘‘through 2006’’ and inserting 

12 ‘‘through 2012’’. 

13 SEC. 5014. GREAT LAKES TRIBUTARY MODELS. 

14 Section 516(g)(2) of the Water Resources Develop15 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 

16 by striking ‘‘through 2006’’ and inserting ‘‘through 

17 2012’’. 

18 SEC. 5015. GREAT LAKES NAVIGATION. 

19 (a) IN GENERAL.—Using available funds, the Sec20 retary shall expedite the operation and maintenance, in21 cluding dredging, of the navigation features of the Great 

22 Lakes and Connecting Channels for the purpose of sup23 porting commercial navigation to authorized project 

24 depths. 

25 (b) GREAT LAKES AND CONNECTING CHANNELS DE26 FINED.—In this section, the term ‘‘Great Lakes and ConVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 necting Channels’’ includes Lakes Superior, Huron, Michi2 gan, Erie, and Ontario, all connecting waters between and 

3 among such lakes used for commercial navigation, any 

4 navigation features in such lakes or waters that are a Fed5 eral operation or maintenance responsibility, and areas of 

6 the Saint Lawrence River that are operated or maintained 

7 by the Federal government for commercial navigation. 

8 SEC. 5016. GREAT LAKES PILOT PROJECT. 

9 Using available funds, the Secretary, in coordination 

10 with the Administrator of the Environmental Protection 

11 Agency, the Commandant of the Coast Guard, the Direc12 tor of the United States Fish and Wildlife Service, and 

13 the Director of the Animal and Plant Health Inspection 

14 Service, shall carry out a pilot project, on an emergency 

15 basis, to control and prevent further spreading of viral 

16 hemorrhagic septicemia in the Great Lakes and their con17 necting channels. 

18 SEC. 5017. SAINT LAWRENCE SEAWAY. 

19 (a) IN GENERAL.—The Secretary is authorized, 

20 using amounts contributed by the Saint Lawrence Seaway 

21 Development Corporation under subsection (b), to carry 

22 out projects for operations, maintenance, repair, and reha23 bilitation, including associated maintenance dredging, of 

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1 gational infrastructure for the Saint Lawrence Seaway, at 

2 a total cost of $134,650,000. 

3 (b) SOURCE OF FUNDS.—The Secretary is authorized 

4 to accept funds from the Saint Lawrence Seaway Develop5 ment Corporation to carry out projects under this section. 

6 Such funds may include amounts made available to the 

7 Corporation from the Harbor Maintenance Trust Fund 

8 and the general fund of the Treasury of the United States 

9 pursuant to section 210 of the Water Resources Develop10 ment Act of 1986 (33 U.S.C. 2238). 

11 SEC. 5018. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER 

12 PROJECT. 

13 (a) IN GENERAL.—The Secretary, in consultation 

14 with appropriate Federal and State agencies, shall study, 

15 design, and carry out a project for preventing and reduc16 ing the dispersal of aquatic nuisance species through the 

17 Upper Mississippi River system. The Secretary shall com18 plete the study, design, and construction of the project not 

19 later than 6 months after the date of enactment of this 

20 Act. 

21 (b) DISPERSAL BARRIER.—The Secretary, at Federal 

22 expense, shall— 

23 (1) investigate and identify environmentally 

24 sound methods for preventing and reducing the dis25 persal of aquatic nuisance species; 


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1 (2) study, design, and carry out a project for a 

2 dispersal barrier, using available technologies and 

3 measures, to be located in the lock portion of Lock 

4 and Dam 11 in the Upper Mississippi River basin; 

5 (3) monitor and evaluate, in cooperation with 

6 the Director of the United States Fish and Wildlife 

7 Service, the effectiveness of the project in preventing 

8 and reducing the dispersal of aquatic nuisance spe9 cies through the Upper Mississippi River system, 

10 and report to the Committee on Transportation and 

11 Infrastructure of the House of Representatives and 

12 the Committee on Environment and Public Works of 

13 the Senate on the results of the evaluation; and 

14 (4) operate and maintain the project. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $4,000,000 to carry out this 

17 section. 

18 SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC 

19 RIVER BASINS, DELAWARE, MARYLAND, 

20 PENNSYLVANIA, AND VIRGINIA. 

21 (a) EX OFFICIO MEMBER.—Notwithstanding section 

22 3001(a) of the 1997 Emergency Supplemental Appropria23 tions Act for Recovery From Natural Disasters, and for 

24 Overseas Peacekeeping Efforts, Including Those in Bosnia 

25 (Public Law 105–18; 111 Stat. 176), section 2.2 of the 


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1 Susquehanna River Basin Compact (Public Law 91–575), 

2 and section 2.2 of the Delaware River Basin Compact 

3 (Public Law 87–328), beginning in fiscal year 2002, and 

4 each fiscal year thereafter, the Division Engineer, North 

5 Atlantic Division, Corps of Engineers— 

6 (1) shall be the ex officio United States member 

7 under the Susquehanna River Basin Compact, the 

8 Delaware River Basin Compact, and the Potomac 

9 River Basin Compact; 

10 (2) shall serve without additional compensation; 

11 and 

12 (3) may designate an alternate member in ac13 cordance with the terms of those compacts. 

14 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

15 shall allocate funds to the Susquehanna River Basin Com16 mission, Delaware River Basin Commission, and the 

17 Interstate Commission on the Potomac River Basin (Poto18 mac River Basin Compact (Public Law 91–407)) to fulfill 

19 the equitable funding requirements of the respective inter20 state compacts. 

21 (c) WATER SUPPLY AND CONSERVATION STORAGE, 

22 DELAWARE RIVER BASIN.— 

23 (1) IN GENERAL.—The Secretary shall enter 

24 into an agreement with the Delaware River Basin 

25 Commission to provide temporary water supply and 


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1 conservation storage at the Francis E. Walter Dam, 

2 Pennsylvania, for any period during which the Com3 mission has determined that a drought warning or 

4 drought emergency exists. 

5 (2) LIMITATION.—The agreement shall provide 

6 that the cost for water supply and conservation stor7 age under paragraph (1) shall not exceed the incre8 mental operating costs associated with providing the 

9 storage. 

10 (d) WATER SUPPLY AND CONSERVATION STORAGE, 

11 SUSQUEHANNA RIVER BASIN.— 

12 (1) IN GENERAL.—The Secretary shall enter 

13 into an agreement with the Susquehanna River 

14 Basin Commission to provide temporary water sup15 ply and conservation storage at Federal facilities op16 erated by the Corps of Engineers in the Susque17 hanna River Basin for any period for which the 

18 Commission has determined that a drought warning 

19 or drought emergency exists. 

20 (2) LIMITATION.—The agreement shall provide 

21 that the cost for water supply and conservation stor22 age under paragraph (1) shall not exceed the incre23 mental operating costs associated with providing the 

24 storage. 


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1 (e) WATER SUPPLY AND CONSERVATION STORAGE, 

2 POTOMAC RIVER BASIN.— 

3 (1) IN GENERAL.—The Secretary shall enter 

4 into an agreement with the Potomac River Basin 

5 Commission to provide temporary water supply and 

6 conservation storage at Federal facilities operated by 

7 the Corps of Engineers in the Potomac River Basin 

8 for any period for which the Commission has deter9 mined that a drought warning or drought emergency 

10 exists. 

11 (2) LIMITATION.—The agreement shall provide 

12 that the cost for water supply and conservation stor13 age under paragraph (1) shall not exceed the incre14 mental operating costs associated with providing the 

15 storage. 

16 SEC. 5020. CHESAPEAKE BAY ENVIRONMENTAL RESTORA17 TION AND PROTECTION PROGRAM. 

18 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

19 Water Resources Development Act of 1996 (110 Stat. 

20 3759) is amended by striking ‘‘, and beneficial uses of 

21 dredged material’’ and inserting ‘‘, beneficial uses of 

22 dredged material, and restoration of submerged aquatic 

23 vegetation’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 510(i) of such Act (110 Stat. 3761) is amended by strik3 ing ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

4 SEC. 5021. HYPOXIA ASSESSMENT. 

5 The Secretary may participate with Federal, State, 

6 and local agencies, non-Federal and nonprofit entities, re7 gional researchers, and other interested parties to assess 

8 hypoxia in the Gulf of Mexico. 

9 SEC. 5022. POTOMAC RIVER WATERSHED ASSESSMENT AND 

10 TRIBUTARY STRATEGY EVALUATION AND 

11 MONITORING PROGRAM. 

12 The Secretary may participate in the Potomac River 

13 Watershed Assessment and Tributary Strategy Evaluation 

14 and Monitoring Program to identify a series of resource 

15 management indicators to accurately monitor the effec16 tiveness of the implementation of the agreed upon tribu17 tary strategies and other public policies that pertain to 

18 natural resource protection of the Potomac River water19 shed. 

20 SEC. 5023. LOCK AND DAM SECURITY. 

21 (a) STANDARDS.—The Secretary, in consultation 

22 with the Federal Emergency Management Agency, the 

23 Tennessee Valley Authority, and the Coast Guard, shall 

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1 cluding the testing and certification of vessel exclusion 

2 barriers. 

3 (b) SITE SURVEYS.—At the request of a lock or dam 

4 owner, the Secretary shall provide technical assistance, on 

5 a reimbursable basis, to improve lock or dam security. 

6 (c) COOPERATIVE AGREEMENT.—The Secretary may 

7 enter into a cooperative agreement with a nonprofit alli8 ance of public and private organizations that has the mis9 sion of promoting safe waterways and seaports to carry 

10 out testing and certification activities, and to perform site 

11 surveys, under this section. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $3,000,000 to carry out this 

14 section. 

15 SEC. 5024. REHABILITATION. 

16 The Secretary, at Federal expense and not to exceed 

17 $1,000,000, shall rehabilitate and improve the water-re18 lated infrastructure and the transportation infrastructure 

19 for the historic property in the Anacostia River Watershed 

20 located in the District of Columbia, including measures 

21 to address wet weather conditions. To carry out this sec22 tion, the Secretary shall accept funds provided for such 

23 project under any other Federal program. 


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1 SEC. 5025. RESEARCH AND DEVELOPMENT PROGRAM FOR 

2 COLUMBIA AND SNAKE RIVER SALMON SUR3 VIVAL. 

4 Section 511 of the Water Resources Development Act 

5 of 1996 (16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 

6 375) is amended— 

7 (1) in subsection (a)(6) by striking 

8 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 

9 (2) in subsection (c)(2) by striking 

10 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

11 SEC. 5026. AUBURN, ALABAMA. 

12 The Secretary may provide technical assistance relat13 ing to water supply to the city of Auburn, Alabama. There 

14 is authorized to be appropriated $5,000,000 to carry out 

15 this section. 

16 SEC. 5027. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

17 (a) PROJECT AUTHORIZATION.—The Secretary shall 

18 design and construct the locally preferred plan for flood 

19 protection at Pinhook Creek, Huntsville, Alabama. In car20 rying out the project, the Secretary shall utilize, to the 

21 extent practicable, the existing detailed project report for 

22 the project prepared under the authority of section 205 

23 of the Flood Control Act of 1948 (33 U.S.C. 701s). 

24 (b) PARTICIPATION BY NON-FEDERAL INTEREST.— 

25 The Secretary shall allow the non-Federal interest to par26 ticipate in the financing of the project in accordance with 


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1 section 903(c) of the Water Resources Development Act 

2 of 1986 (100 Stat. 4184) to the extent that the Sec3 retary’s evaluation indicates that applying such section is 

4 necessary to implement the project. 

5 (c) CREDIT.—The Secretary shall credit toward the 

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

7 work carried out by the non-Federal interest before the 

8 date of the partnership agreement for the project if the 

9 Secretary determines that the work is integral to the 

10 project. 

11 SEC. 5028. ALASKA. 

12 Section 570 of the Water Resources Development Act 

13 of 1999 (113 Stat. 369) is amended— 

14 (1) in subsection (c) by inserting ‘‘environ15 mental restoration,’’ after ‘‘water supply and related 

16 facilities,’’; 

17 (2) in subsection (e)(3)(B) by striking the last 

18 sentence; 

19 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

20 and inserting ‘‘$45,000,000’’; and 

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

22 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec23 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

24 1962d–5b(b)), a non-Federal interest may include for any 


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1 project undertaken under this section a nonprofit entity 

2 with the consent of the affected local government. 

3 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

4 of the amounts appropriated to carry out this section may 

5 be used by the Corps of Engineers district offices to ad6 minister projects under this section at Federal expense.’’. 

7 SEC. 5029. BARROW, ALASKA. 

8 The Secretary shall carry out, under section 117 of 

9 the Energy and Water Development Appropriations Act, 

10 2005 (118 Stat. 2944), a nonstructural project for coastal 

11 erosion and storm damage prevention and reduction at 

12 Barrow, Alaska, including relocation of infrastructure. 

13 SEC. 5030. COFFMAN COVE, ALASKA. 

14 The Secretary is authorized to carry out a project for 

15 navigation, Coffman Cove, Alaska, at a total cost of 

16 $3,000,000. 

17 SEC. 5031. FIRE ISLAND, ALASKA. 

18 (a) IN GENERAL.—The Secretary is authorized to 

19 provide planning, design, and construction assistance to 

20 the non-Federal interest for the construction of a barge 

21 landing facility on Fire Island, Alaska. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $5,000,000 to carry out this 

24 section. 


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1 SEC. 5032. FORT YUKON, ALASKA. 

2 The Secretary shall make repairs to the dike at Fort 

3 Yukon, Alaska, so that the dike meets Corps of Engineers 

4 standards. 

5 SEC. 5033. KOTZEBUE HARBOR, ALASKA. 

6 The Secretary is authorized to carry out a project for 

7 navigation, Kotzebue Harbor, Kotzebue, Alaska, at total 

8 cost of $2,200,000. 

9 SEC. 5034. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

10 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

11 Secretary shall assume responsibility for the long-term 

12 maintenance and repair of the Lowell Creek Tunnel. 

13 (b) STUDY.—The Secretary shall conduct a study to 

14 determine whether alternative methods of flood diversion 

15 in Lowell Canyon are feasible. 

16 SEC. 5035. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

17 ALASKA. 

18 The Secretary shall carry out, on an emergency basis, 

19 necessary removal of rubble, sediment, and rock impeding 

20 the entrance to the St. Herman and St. Paul Harbors, 

21 Kodiak, Alaska, at a Federal cost of $2,000,000. 

22 SEC. 5036. TANANA RIVER, ALASKA. 

23 The Secretary shall carry out, on an emergency basis, 

24 the removal of the hazard to navigation on the Tanana 

25 River, Alaska, near the mouth of the Chena River, as de26 scribed in the January 3, 2005, memorandum from the 


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1 Commander, Seventeenth Coast Guard District, to the 

2 Corps of Engineers, Alaska District, Anchorage, Alaska. 

3 SEC. 5037. VALDEZ, ALASKA. 

4 The Secretary is authorized to construct a small boat 

5 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

6 with an estimated Federal cost of $10,500,000 and an es7 timated non-Federal cost of $9,500,000. 

8 SEC. 5038. WHITTIER, ALASKA. 

9 (a) STUDY.—The Secretary shall conduct, at Federal 

10 expense, a study to determine the feasibility of carrying 

11 out projects for navigation at Whittier, Alaska, to con12 struct a new boat harbor at the head of Whittier Bay and 

13 to expand the existing harbor and, if the Secretary deter14 mines that a project is feasible, the Secretary may carry 

15 out the project. 

16 (b) NON-FEDERAL COST SHARE.—The non-Federal 

17 interest for the project may use, and the Secretary shall 

18 accept, funds provided by a Federal agency under any 

19 other Federal program, to satisfy, in whole or in part, the 

20 non-Federal share of the cost of the project if such funds 

21 are authorized to be used to carry out the project. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $35,200,000. 


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1 SEC. 5039. WRANGELL HARBOR, ALASKA. 

2 (a) GENERAL NAVIGATION FEATURES.—In carrying 

3 out the project for navigation, Wrangell Harbor, Alaska, 

4 authorized by section 101(b)(1) of the Water Resources 

5 Development Act of 1999 (113 Stat. 279), the Secretary 

6 shall consider the dredging of the mooring basin and con7 struction of the inner harbor facilities to be general navi8 gation features for purposes of estimating the non-Federal 

9 share of project costs. 

10 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

11 Secretary shall revise the partnership agreement for the 

12 project to reflect the change required by subsection (a). 

13 SEC. 5040. AUGUSTA AND CLARENDON, ARKANSAS. 

14 (a) IN GENERAL.—The Secretary is authorized to 

15 perform operation, maintenance, and rehabilitation of au16 thorized and completed levees on the White River between 

17 Augusta and Clarendon, Arkansas. 

18 (b) REIMBURSEMENT.—After performing the oper19 ation, maintenance, and rehabilitation under subsection 

20 (a), the Secretary shall seek reimbursement from the Sec21 retary of the Interior of an amount equal to the costs allo22 cated to benefits to a Federal wildlife refuge of such oper23 ation, maintenance, and rehabilitation. 

24 SEC. 5041. DES ARC LEVEE PROTECTION, ARKANSAS. 

25 The Secretary shall review the project for flood con26 trol, Des Arc, Arkansas, to determine whether bank and 


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1 channel scour along the White River threaten the existing 

2 project and whether the scour is as a result of a design 

3 deficiency. If the Secretary determines that such condi4 tions exist as a result of a deficiency, the Secretary shall 

5 carry out measures to eliminate the deficiency. 

6 SEC. 5042. LOOMIS LANDING, ARKANSAS. 

7 The Secretary shall conduct a study of shore damage 

8 in the vicinity of Loomis Landing, Arkansas, to determine 

9 if the damage is the result of a Federal navigation project, 

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

11 result of a Federal navigation project, the Secretary shall 

12 carry out a project to mitigate the damage under section 

13 111 of the River and Harbor Act of 1968 (33 U.S.C. 

14 426i). 

15 SEC. 5043. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS16 SOURI. 

17 The Secretary shall conduct a study of increased sil18 tation and streambank erosion in the St. Francis River 

19 Basin, Arkansas and Missouri, to determine if the siltation 

20 or erosion, or both, are the result of a Federal flood con21 trol project and, if the Secretary determines that the silta22 tion or erosion, or both, are the result of a Federal flood 

23 control project, the Secretary shall carry out a project to 

24 mitigate the siltation or erosion, or both. 


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1 SEC. 5044. CAMBRIA, CALIFORNIA. 

2 Section 219(f)(48) of the Water Resources Develop3 ment Act of 1992 (114 Stat. 2763A–220) is amended— 

4 (1) by striking ‘‘$10,300,000’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—$10,300,000’’; 

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 not to exceed $3,000,000 for the cost of 

11 planning and design work carried out by the 

12 non-Federal interest before the date of the 

13 partnership agreement for the project if the 

14 Secretary determines that the work is integral 

15 to the project.’’; and 

16 (3) by aligning the remainder of the text of 

17 subparagraph (A) (as designated by paragraph (1) 

18 of this section) with subparagraph (B) (as added by 

19 paragraph (2) of this section). 

20 SEC. 5045. CONTRA COSTA CANAL, OAKLEY AND 

21 KNIGHTSEN, CALIFORNIA; MALLARD 

22 SLOUGH, PITTSBURG, CALIFORNIA. 

23 Sections 512 and 514 of the Water Resources Devel24 opment Act of 2000 (114 Stat. 2650) are each amended 

25 by adding at the end the following: ‘‘All planning, study, 

26 design, and construction on the project shall be carried 


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1 out by the office of the district engineer, San Francisco, 

2 California.’’. 

3 SEC. 5046. DANA POINT HARBOR, CALIFORNIA. 

4 The Secretary shall conduct a study of the causes of 

5 water quality degradation within Dana Point Harbor, 

6 California, to determine if the degradation is the result 

7 of a Federal navigation project, and, if the Secretary de8 termines that the degradation is the result of a Federal 

9 navigation project, the Secretary shall carry out a project 

10 to mitigate the degradation at Federal expense. 

11 SEC. 5047. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

12 Section 219(f)(22) of the Water Resources Develop13 ment Act of 1992 (113 Stat. 336) is amended— 

14 (1) by striking ‘‘$25,000,000’’ and inserting the 

15 following: 

16 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

18 ‘‘(B) CREDIT.—The Secretary shall credit 

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

20 project (i) the cost of design and construction 

21 work carried out by the non-Federal interest 

22 before, on, or after the date of the partnership 

23 agreement for the project if the Secretary de24 termines that the work is integral to the 


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1 project; and (ii) the cost of provided for the 

2 project by the non-Federal interest. 

3 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non4 Federal interest may provide any portion of the 

5 non-Federal share of the cost of the project in 

6 the form of in-kind services and materials.’’; 

7 and 

8 (3) by aligning the remainder of the text of 

9 subparagraph (A) (as designated by paragraph (1) 

10 of this section) with subparagraph (B) (as added by 

11 paragraph (2) of this section). 

12 SEC. 5048. EASTERN SANTA CLARA BASIN, CALIFORNIA. 

13 Section 111(c) of the Miscellaneous Appropriations 

14 Act, 2001 (as enacted into law by Public Law 106–554; 

15 114 Stat. 2763A–224) is amended— 

16 (1) by striking ‘‘$25,000,000’’ and inserting 

17 ‘‘$28,000,000’’; and 

18 (2) by striking ‘‘$7,000,000’’ and inserting 

19 ‘‘$10,000,000’’. 

20 SEC. 5049. LANCASTER, CALIFORNIA. 

21 Section 219(f)(50) of the Water Resources Develop22 ment Act of 1992 (114 Stat. 2763A-220) is amended— 

23 (1) by inserting after ‘‘water’’ the following: 

24 ‘‘and wastewater’’; and 


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1 (2) by striking ‘‘$14,500,000’’ and inserting 

2 ‘‘$24,500,000’’. 

3 SEC. 5050. LOS OSOS, CALIFORNIA. 

4 Section 219(c)(27) of the Water Resources Develop5 ment Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) 

6 is amended to read as follows: 

7 ‘‘(27) LOS OSOS, CALIFORNIA.—Wastewater in8 frastructure, Los Osos, California.’’. 

9 SEC. 5051. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

10 (a) IN GENERAL.—The Secretary shall review the 

11 Kings River Fisheries Management Program Framework 

12 Agreement, dated May 29, 1999, among the California 

13 Department of Fish and Game, the Kings River Water 

14 Association, and the Kings River Conservation District 

15 and, if the Secretary determines that the management 

16 program is feasible, the Secretary may participate in the 

17 management program. 

18 (b) PROHIBITION.—Nothing in this section author19 izes any project for the raising of, or the construction of, 

20 a multilevel intake structure at Pine Flat Dam, California. 

21 (c) USE OF EXISTING STUDIES.—In carrying out this 

22 section, the Secretary shall use, to the maximum extent 

23 practicable, studies in existence on the date of enactment 

24 of this Act, including data and environmental documenta25 tion in the Report of the Chief of Engineers, Pine Flat 


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1 Dam and Reservoir, Fresno County, California, dated July 

2 19, 2002. 

3 (d) CREDIT.—The Secretary shall credit toward the 

4 non-Federal share of the cost of the project the cost of 

5 planning, design, and construction work carried out by the 

6 non-Federal interest before the date of the partnership 

7 agreement for the project if the Secretary determines that 

8 the work is integral to the project. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to $20,000,000 to carry out 

11 this section. 

12 SEC. 5052. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND 

13 SAN GABRIEL BASIN, CALIFORNIA. 

14 (a) COMPREHENSIVE PLAN.—The Secretary, in con15 sultation and coordination with appropriate Federal, 

16 State, and local entities, shall develop a comprehensive 

17 plan for the management of water resources in the Ray18 mond Basin, Six Basins, Chino Basin, and San Gabriel 

19 Basin, California. The Secretary may carry out activities 

20 identified in the comprehensive plan to demonstrate prac21 ticable alternatives for water resources management. 

22 (b) NON-FEDERAL SHARE.— 

23 (1) IN GENERAL.—The non-Federal share of 

24 the cost of activities carried out under this section 

25 shall be 35 percent. 


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1 (2) CREDIT.—The Secretary shall credit toward 

2 the non-Federal share of the cost of activities car3 ried out under this section the cost of planning, de4 sign, and construction work completed by or on be5 half of the non-Federal interests for implementation 

6 of measures under this section. The amount of such 

7 credit shall not exceed the non-Federal share of the 

8 cost of such activities. 

9 (3) OPERATION AND MAINTENANCE.—The non10 Federal share of the cost of operation and mainte11 nance of any measures constructed under this sec12 tion shall be 100 percent. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $5,000,000. 

16 SEC. 5053. SAN FRANCISCO, CALIFORNIA. 

17 (a) IN GENERAL.—The Secretary, in cooperation 

18 with the Port of San Francisco, California, may carry out 

19 the project for repair and removal, as appropriate, of Piers 

20 30-32, 35, 36, 70 (including Wharves 7 and 8), and 80 

21 in San Francisco, California, substantially in accordance 

22 with the Port’s redevelopment plan. 

23 (b) AUTHORIZATION OF APPROPRIATION.—There is 

24 authorized to be appropriated $25,000,000 to carry out 

25 this subsection. 


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1 SEC. 5054. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

2 AREA. 

3 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB4 LIC INTEREST.—Unless the Secretary finds, after con5 sultation with local and regional public officials (including 

6 local and regional public planning organizations), that the 

7 proposed projects to be undertaken within the boundaries 

8 of the portion of the San Francisco, California, waterfront 

9 area described in subsection (b) are not in the public inter10 est, such portion is declared to be nonnavigable waters of 

11 the United 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 prolon16 gation of that portion of the northwesterly line of Bryant 

17 Street lying between Beale Street and Main Street with 

18 the southwesterly line of Spear Street, which intersection 

19 lies on the line of jurisdiction of the San Francisco Port 

20 Commission; following thence southerly along said line of 

21 jurisdiction as described in the State of California Harbor 

22 and Navigation Code Section 1770, as amended in 1961, 

23 to its intersection with the easterly line of Townsend 

24 Street along a line that is parallel and distant 10 feet 

25 southerly from the existing southern boundary of Pier 40 

26 produced to its point of intersection with the United 


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1 States Government pier-head line; thence northerly along 

2 said pier-head line to its intersection with a line parallel 

3 with, and distant 10 feet easterly from, the existing eas4 terly boundary line of Pier 30–32; thence northerly along 

5 said parallel line and its northerly prolongation, to a point 

6 of intersection with a line parallel with, and distant 10 

7 feet northerly from, the existing northerly boundary of 

8 Pier 30–32, thence westerly along last said parallel line 

9 to its intersection with the United States Government 

10 pier-head line; to the northwesterly line of Bryant Street 

11 produced northwesterly; thence southwesterly along said 

12 northwesterly line of Bryant Street produced to the point 

13 of beginning. 

14 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

15 declaration of nonnavigability under subsection (a) applies 

16 only to those parts of the area described in subsection (b) 

17 that are or will be bulkheaded, filled, or otherwise occupied 

18 by permanent structures and does not affect the applica19 bility of any Federal statute or regulation applicable to 

20 such parts the day before the date of enactment of this 

21 Act, including sections 9 and 10 of the Act of March 3, 

22 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 

23 known as the Rivers and Harbors Appropriation Act of 

24 1899, section 404 of the Federal Water Pollution Control 


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1 Act (33 U.S.C. 1344), and the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 (d) EXPIRATION DATE.—If, 20 years from the date 

4 of enactment of this Act, any area or part thereof de5 scribed in subsection (b) is not bulkheaded or filled or oc6 cupied by permanent structures, including marina facili7 ties, in accordance with the requirements set out in sub8 section (c), or if work in connection with any activity per9 mitted in subsection (c) is not commenced within 5 years 

10 after issuance of such permits, then the declaration of 

11 nonnavigability for such area or part thereof shall expire. 

12 SEC. 5055. SAN PABLO BAY, CALIFORNIA, WATERSHED AND 

13 SUISUN MARSH ECOSYSTEM RESTORATION. 

14 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.— 

15 (1) IN GENERAL.—The Secretary shall complete 

16 work, as expeditiously as possible, on the ongoing 

17 San Pablo Bay watershed, California, study to deter18 mine the feasibility of opportunities for restoring, 

19 preserving and protecting the San Pablo Bay water20 shed. 

21 (2) REPORT.—Not later than March 31, 2008, 

22 the Secretary shall submit to Congress a report on 

23 the results of the study. 

24 (b) SUISUN MARSH, CALIFORNIA.—The Secretary 

25 shall conduct a comprehensive study to determine the feaVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 sibility of opportunities for restoring, preserving and pro2 tecting the Suisun Marsh, California. 

3 (c) SAN PABLO AND SUISUN BAY MARSH WATER4 SHED CRITICAL RESTORATION PROJECTS.— 

5 (1) IN GENERAL.—The Secretary may partici6 pate in critical restoration projects that will produce, 

7 consistent with Federal programs, projects, and ac8 tivities, immediate and substantial ecosystem res9 toration, preservation, and protection benefits in the 

10 following sub-watersheds of the San Pablo and 

11 Suisun Bay Marsh watersheds: 

12 (A) The tidal areas of the Petaluma River, 

13 Napa-Sonoma Marsh. 

14 (B) The shoreline of West Contra Costa 

15 County. 

16 (C) Novato Creek. 

17 (D) Suisun Marsh. 

18 (E) Gallinas-Miller Creek. 

19 (2) TYPES OF ASSISTANCE.—Participation in 

20 critical restoration projects under this subsection 

21 may include assistance for planning, design, or con22 struction. 

23 (d) NON-FEDERAL INTERESTS.—Notwithstanding 

24 section 221(b) of the Flood Control Act of 1970 (42 

25 U.S.C. 1962d–5b(b)), a non-Federal interest may include 


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1 for any project undertaken under this section a nonprofit 

2 entity with the consent of the affected local government. 

3 (e) CREDIT.—The Secretary shall credit toward the 

4 non-Federal share of the cost of construction of a project 

5 under this section— 

6 (1) the value of any lands, easements, rights-of7 way, dredged material disposal areas, or relocations 

8 provided by the non-Federal interest for carrying out 

9 the project, regardless of the date of acquisition; 

10 (2) funds received from the CALFED Bay11 Delta program; and 

12 (3) the cost of the studies, design, and con13 struction work carried out by the non-Federal inter14 est before the date of execution of a partnership 

15 agreement for the project if the Secretary deter16 mines that the work is integral to the project. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $40,000,000. 

20 SEC. 5056. STOCKTON, CALIFORNIA. 

21 (a) REEVALUATION.—The Secretary shall reevaluate 

22 the feasibility of the Lower Mosher Slough element and 

23 the levee extensions on the Upper Calaveras River element 

24 of the project for flood control, Stockton Metropolitan 

25 Area, California, carried out under section 211(f)(3) of the 


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1 Water Resources Development Act of 1996 (110 Stat. 

2 3683), to determine the eligibility of such elements for re3 imbursement under section 211 of such Act (33 U.S.C. 

4 701b–13). 

5 (b) SPECIAL RULES FOR REEVALUATION.—In con6 ducting the reevaluation under subsection (a), the Sec7 retary shall not reject a feasibility determination based on 

8 one or more of the policies of the Corps of Engineers con9 cerning the frequency of flooding, the drainage area, and 

10 the amount of runoff. 

11 (c) REIMBURSEMENT.—If the Secretary determines 

12 that the elements referred to subsection (a) are feasible, 

13 the Secretary shall reimburse, subject to appropriations, 

14 the non-Federal interest under section 211 of the Water 

15 Resources Development Act of 1996 for the Federal share 

16 of the cost of such elements. 

17 SEC. 5057. CHARLES HERVEY TOWNSHEND BREAKWATER, 

18 NEW HAVEN HARBOR, CONNECTICUT. 

19 (a) DESIGNATION.—The western breakwater for the 

20 project for navigation, New Haven Harbor, Connecticut, 

21 authorized by the first section of the Act of September 

22 19, 1890 (26 Stat. 426), shall be known and designated 

23 as the ‘‘Charles Hervey Townshend Breakwater’’. 

24 (b) REFERENCES.—Any reference in a law, map, reg25 ulation, document, paper, or other record of the United 


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1 States to the breakwater referred to in subsection (a) shall 

2 be deemed to be a reference to the ‘‘Charles Hervey 

3 Townshend Breakwater’’. 

4 SEC. 5058. FLORIDA KEYS WATER QUALITY IMPROVE5 MENTS. 

6 Section 109 of the Miscellaneous Appropriations Act, 

7 2001 (enacted into law by Public Law 106–554) (114 

8 Stat. 2763A–222) is amended— 

9 (1) by adding at the end of subsection (e)(2) 

10 the following: 

11 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU12 TION OF THE PARTNERSHIP AGREEMENT.—The 

13 Secretary shall credit toward the non-Federal 

14 share of the cost of the project— 

15 ‘‘(i) the cost of construction work car16 ried out by the non-Federal interest before 

17 the date of the partnership agreement for 

18 the project if the Secretary determines that 

19 the work is integral to the project; and 

20 ‘‘(ii) the cost of land acquisition car21 ried out by the non-Federal interest for 

22 projects to be carried out under this sec23 tion.’’; and 

24 (2) in subsection (f) by striking 

25 ‘‘$100,000,000’’ and inserting ‘‘$100,000,000, of 


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1 which not more than $15,000,000 may be used to 

2 provide planning, design, and construction assistance 

3 to the Florida Keys Aqueduct Authority for a water 

4 treatment plant, Florida City, Florida’’. 

5 SEC. 5059. LAKE WORTH, FLORIDA. 

6 The Secretary may carry out necessary repairs for 

7 the Lake Worth bulkhead replacement project, West Palm 

8 Beach, Florida, at an estimated total cost of $9,000,000. 

9 SEC. 5060. EAST CENTRAL AND NORTHEAST FLORIDA. 

10 (a) EAST CENTRAL AND NORTHEAST FLORIDA RE11 GION DEFINED.—In this section, the term ‘‘East Central 

12 and Northeast Florida Region’’ means Flagler County, St. 

13 Johns County, Putman County (east of the St. Johns 

14 River), Seminole County, Volusia County, the towns of 

15 Winter Park, Maitland, and Palatka, Florida. 

16 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

17 may establish a program to provide environmental assist18 ance to non-Federal interests in the East Central and 

19 Northeast Florida Region. 

20 (c) FORM OF ASSISTANCE.—Assistance under this 

21 section may be in the form of design and construction as22 sistance for water-related environmental infrastructure 

23 and resource protection and development projects in the 

24 East Central and Northeast Florida Region, including 

25 projects for wastewater treatment and related facilities, 


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1 water supply and related facilities, environmental restora2 tion, and surface water resource protection and develop3 ment. 

4 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

5 provide assistance for a project under this section only if 

6 the project is publicly owned. 

7 (e) PARTNERSHIP AGREEMENTS.— 

8 (1) IN GENERAL.—Before providing assistance 

9 under this section, the Secretary shall enter into a 

10 partnership agreement with a non-Federal interest 

11 to provide for design and construction of the project 

12 to be carried out with the assistance. 

13 (2) REQUIREMENTS.—Each partnership agree14 ment for a project entered into under this subsection 

15 shall provide for the following: 

16 (A) PLAN.—Development by the Secretary, 

17 in consultation with appropriate Federal and 

18 State officials, of a facilities or resource protec19 tion and development plan, including appro20 priate engineering plans and specifications. 

21 (B) LEGAL AND INSTITUTIONAL STRUC22 TURES.—Establishment of such legal and insti23 tutional structures as are necessary to ensure 

24 the effective long-term operation of the project 

25 by the non-Federal interest. 


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1 (3) COST SHARING.— 

2 (A) IN GENERAL.—The Federal share of 

3 the project costs under each partnership agree4 ment entered into under this subsection shall be 

5 75 percent. The Federal share may be provided 

6 in the form of grants or reimbursements of 

7 project costs. 

8 (B) CREDIT FOR WORK.—The non-Federal 

9 interests shall receive credit for the reasonable 

10 cost of design work on a project completed by 

11 the non-Federal interest before entering into a 

12 partnership agreement with the Secretary for 

13 such project. 

14 (C) CREDIT FOR INTEREST.—In case of a 

15 delay in the funding of the non-Federal share 

16 of a project that is the subject of an agreement 

17 under this section, the non-Federal interest 

18 shall receive credit for reasonable interest in19 curred in providing the non-Federal share of 

20 the project’s costs. 

21 (D) LAND, EASEMENTS, AND RIGHTS-OF22 WAY CREDIT.—The non-Federal interest shall 

23 receive credit for land, easements, rights-of24 way, and relocations toward the non-Federal 

25 share of project costs (including all reasonable 


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1 costs associated with obtaining permits nec2 essary for the construction, operation, and 

3 maintenance of the project on publicly owned or 

4 controlled land), but such credit may not exceed 

5 25 percent of total project costs. 

6 (E) OPERATION AND MAINTENANCE.—The 

7 non-Federal share of operation and mainte8 nance costs for projects constructed with assist9 ance provided under this section shall be 100 

10 percent. 

11 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

12 LAWS.—Nothing in this section waives, limits, or other13 wise affects the applicability of any provision of Federal 

14 or State law that would otherwise apply to a project to 

15 be carried out with assistance provided under this section. 

16 (g) NONPROFIT ENTITIES.—Notwithstanding section 

17 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

18 1962d-5b(b)), for any project undertaken under this sec19 tion, a non-Federal interest may include a nonprofit enti20 ty. 

21 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

22 of the amounts appropriated to carry out this section may 

23 be used by the Corps of Engineers district offices to ad24 minister projects under this section at Federal expense. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $40,000,000. Such sums shall remain available until ex4 pended. 

5 SEC. 5061. LAKE LANIER, GEORGIA. 

6 The Secretary may assist local interests with plan7 ning, design, and construction of facilities at the Lake La8 nier Olympic Center, Georgia, at a total cost of 

9 $5,300,000. 

10 SEC. 5062. RILEY CREEK RECREATION AREA, IDAHO. 

11 The Secretary is authorized to carry out the Riley 

12 Creek Recreation Area Operation Plan of the Albeni Falls 

13 Management Plan, dated October 2001, for the Riley 

14 Creek Recreation Area, Albeni Falls Dam, Bonner Coun15 ty, Idaho. 

16 SEC. 5063. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC17 TION PROJECTS. 

18 (a) IN GENERAL.—The Secretary may participate in 

19 the reconstruction of an eligible flood control project if the 

20 Secretary determines that such reconstruction is not re21 quired as a result of improper operation and maintenance 

22 of the project by the non-Federal interest. 

23 (b) COST SHARING.—The non-Federal share of the 

24 costs for the reconstruction of a flood control project au25 thorized by this section shall be the same non-Federal 


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1 share that was applicable to construction of the project. 

2 The non-Federal interest shall be responsible for operation 

3 and maintenance and repair of a project for which recon4 struction is undertaken under this section. 

5 (c) RECONSTRUCTION DEFINED.—In this section, 

6 the term ‘‘reconstruction’’, as used with respect to a 

7 project, means addressing major project deficiencies 

8 caused by long-term degradation of the foundation, con9 struction materials, or engineering systems or components 

10 of the project, the results of which render the project at 

11 risk of not performing in compliance with its authorized 

12 project purposes. In addressing such deficiencies, the Sec13 retary may incorporate current design standards and effi14 ciency improvements, including the replacement of obso15 lete mechanical and electrical components at pumping sta16 tions, if such incorporation does not significantly change 

17 the scope, function, and purpose of the project as author18 ized. 

19 (d) ELIGIBLE PROJECTS.—The following flood con20 trol projects are eligible for reconstruction under this sec21 tion: 

22 (1) Clear Creek Drainage and Levee District, 

23 Illinois. 

24 (2) Fort Chartres and Ivy Landing Drainage 

25 District, Illinois. 


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1 (3) Cairo, Illinois Mainline Levee, Cairo, Illi2 nois. 

3 (4) Goose Pond Pump Station, Cairo, Illinois. 

4 (5) Cottonwood Slough Pump Station, Alex5 ander County, Illinois. 

6 (6) 10th and 28th Street Pump Stations, Cairo, 

7 Illinois. 

8 (7) Prairie Du Pont Levee and Sanitary Dis9 trict, including Fish Lake Drainage and Levee Dis10 trict, Illinois. 

11 (8) Flood control levee projects in Brookport, 

12 Shawneetown, Old Shawneetown, Golconda, 

13 Rosiclare, Harrisburg, and Reevesville, Illinois. 

14 (e) JUSTIFICATION.—The reconstruction of a project 

15 authorized by this section shall not be considered a sepa16 rable element of the project. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated— 

19 (1) $15,000,000 to carry out the projects de20 scribed in paragraphs (1) through (7) of subsection 

21 (d); and 

22 (2) $15,000,000 to carry out the projects de23 scribed in subsection (d)(8). 

24 Such sums shall remain available until expended. 


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1 SEC. 5064. ILLINOIS RIVER BASIN RESTORATION. 

2 (a) EXTENSION OF AUTHORIZATION.—Section 

3 519(c)(2) of the Water Resources Development Act of 

4 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and 

5 inserting ‘‘2010’’. 

6 (b) IN-KIND SERVICES.—Section 519(g)(3) of such 

7 Act (114 Stat. 2655) is amended by inserting before the 

8 period at the end of the first sentence ‘‘if such services 

9 are provided not more than 5 years before the date of initi10 ation of the project or activity’’. 

11 (c) NONPROFIT ENTITIES AND MONITORING.—Sec12 tion 519 of such Act (114 Stat. 2654) is amended by add13 ing at the end the following: 

14 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec15 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

16 1962d–5b(b)), a non-Federal interest may include for any 

17 project undertaken under this section a nonprofit entity, 

18 with the consent of the affected local government. 

19 ‘‘(i) MONITORING.—The Secretary shall develop an 

20 Illinois river basin monitoring program to support the plan 

21 referred to in subsection (b). Data collected under the 

22 monitoring program shall incorporate data provided by the 

23 State of Illinois and shall be publicly accessible through 

24 electronic means.’’. 


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1 SEC. 5065. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA2 TION. 

3 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec4 tion, the term ‘‘Kaskaskia River Basin’’ means the 

5 Kaskaskia River, Illinois, its backwaters, its side channels, 

6 and all tributaries, including their watersheds, draining 

7 into the Kaskaskia River. 

8 (b) COMPREHENSIVE PLAN.— 

9 (1) DEVELOPMENT.—The Secretary shall de10 velop, as expeditiously as practicable, a comprehen11 sive plan for the purpose of restoring, preserving, 

12 and protecting the Kaskaskia River Basin. 

13 (2) TECHNOLOGIES AND INNOVATIVE AP14 PROACHES.—The comprehensive plan shall provide 

15 for the development of new technologies and innova16 tive approaches— 

17 (A) to enhance the Kaskaskia River as a 

18 transportation corridor; 

19 (B) to improve water quality within the en20 tire Kaskaskia River Basin; 

21 (C) to restore, enhance, and preserve habi22 tat for plants and wildlife; 

23 (D) to ensure aquatic integrity of 

24 sidechannels and backwaters and their 

25 connectivity with the mainstem river; 


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1 (E) to increase economic opportunity for 

2 agriculture and business communities; and 

3 (F) to reduce the impacts of flooding to 

4 communities and landowners. 

5 (3) SPECIFIC COMPONENTS.—The comprehen6 sive plan shall include such features as are necessary 

7 to provide for— 

8 (A) the development and implementation of 

9 a program for sediment removal technology, 

10 sediment characterization, sediment transport, 

11 and beneficial uses of sediment; 

12 (B) the development and implementation 

13 of a program for the planning, conservation, 

14 evaluation, and construction of measures for 

15 fish and wildlife habitat conservation and reha16 bilitation, and stabilization and enhancement of 

17 land and water resources in the basin; 

18 (C) the development and implementation of 

19 a long-term resource monitoring program; 

20 (D) a conveyance study of the Kaskaskia 

21 River floodplain from Vandalia, Illinois, to 

22 Carlyle Lake to determine the impacts of exist23 ing and future waterfowl improvements on flood 

24 stages, including detailed surveys and mapping 


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1 information to ensure proper hydraulic and 

2 hydrological analysis; 

3 (E) the development and implementation 

4 of a computerized inventory and analysis sys5 tem; and 

6 (F) the development and implementation 

7 of a systemic plan to reduce flood impacts by 

8 means of ecosystem restoration projects. 

9 (4) CONSULTATION.—The comprehensive plan 

10 shall be developed by the Secretary in consultation 

11 with appropriate Federal agencies, the State of Illi12 nois, and the Kaskaskia River Watershed Associa13 tion. 

14 (5) REPORT TO CONGRESS.—Not later than 2 

15 years after the date of enactment of this Act, the 

16 Secretary shall transmit to Congress a report con17 taining the comprehensive plan. 

18 (6) ADDITIONAL STUDIES AND ANALYSES.— 

19 After transmission of a report under paragraph (5), 

20 the Secretary shall conduct studies and analyses of 

21 projects related to the comprehensive plan that are 

22 appropriate and consistent with this subsection. 

23 (c) GENERAL PROVISIONS.— 

24 (1) WATER QUALITY.—In carrying out activi25 ties under this section, the Secretary’s recommendaVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 tions shall be consistent with applicable State water 

2 quality standards. 

3 (2) PUBLIC PARTICIPATION.—In developing the 

4 comprehensive plan under subsection (b), the Sec5 retary shall implement procedures to facilitate public 

6 participation, including providing advance notice of 

7 meetings, providing adequate opportunity for public 

8 input and comment, maintaining appropriate 

9 records, and making a record of the proceedings of 

10 meetings available for public inspection. 

11 (d) CRITICAL PROJECTS AND INITIATIVES.—If the 

12 Secretary, in cooperation with appropriate Federal agen13 cies and the State of Illinois, determines that a project 

14 or initiative for the Kaskaskia River Basin will produce 

15 independent, immediate, and substantial benefits, the Sec16 retary may proceed expeditiously with the implementation 

17 of the project. 

18 (e) COORDINATION.—The Secretary shall integrate 

19 activities carried out under this section with ongoing Fed20 eral and State programs, projects, and activities, including 

21 the following: 

22 (1) Farm programs of the Department of Agri23 culture. 

24 (2) Conservation Reserve Enhancement Pro25 gram (State of Illinois) and Conservation 2000 EcoVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 system Program of the Illinois Department of Nat2 ural Resources. 

3 (3) Conservation 2000 Conservation Practices 

4 Program and the Livestock Management Facilities 

5 Act administered by the Illinois Department of Agri6 culture. 

7 (4) National Buffer Initiative of the Natural 

8 Resources Conservation Service. 

9 (5) Nonpoint source grant program adminis10 tered by the Illinois Environmental Protection Agen11 cy. 

12 (6) Other programs that may be developed by 

13 the State of Illinois or the Federal Government, or 

14 that are carried out by non-profit organizations, to 

15 carry out the objectives of the Kaskaskia River 

16 Basin Comprehensive Plan. 

17 (f) IN-KIND SERVICES.—The Secretary may credit 

18 the cost of in-kind services provided by the non-Federal 

19 interest for an activity carried out under this section to20 ward not more than 80 percent of the non-Federal share 

21 of the cost of the activity. In-kind services shall include 

22 all State funds expended on programs that accomplish the 

23 goals of this section, as determined by the Secretary. The 

24 programs may include the Kaskaskia River Conservation 

25 Reserve Program, the Illinois Conservation 2000 ProVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 gram, the Open Lands Trust Fund, and other appropriate 

2 programs carried out in the Kaskaskia River Basin. 

3 SEC. 5066. FLOODPLAIN MAPPING, LITTLE CALUMET 

4 RIVER, CHICAGO, ILLINOIS. 

5 (a) IN GENERAL.—The Secretary shall provide as6 sistance for a project to develop maps identifying 100- and 

7 500-year flood inundation areas along the Little Calumet 

8 River, Chicago, Illinois. 

9 (b) REQUIREMENTS.—Maps developed under the 

10 project shall include hydrologic and hydraulic information 

11 and shall accurately show the flood inundation of each 

12 property by flood risk in the floodplain. The maps shall 

13 be produced in a high resolution format and shall be made 

14 available to all flood prone areas along the Little Calumet 

15 River, Chicago, Illinois, in an electronic format. 

16 (c) PARTICIPATION OF FEMA.—The Secretary and 

17 the non-Federal interests for the project shall work with 

18 the Director of the Federal Emergency Management 

19 Agency to ensure the validity of the maps developed under 

20 the project for flood insurance purposes. 

21 (d) FORMS OF ASSISTANCE.—In carrying out the 

22 project, the Secretary may enter into contracts or coopera23 tive agreements with the non-Federal interests or provide 

24 reimbursements of project costs. 


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1 (e) FEDERAL SHARE.—The Federal share of the cost 

2 of the project shall be 50 percent. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $2,000,000. 

6 SEC. 5067. PROMONTORY POINT, LAKE MICHIGAN, ILLI7 NOIS. 

8 (a) REVIEW.— 

9 (1) IN GENERAL.—The Secretary may carry out 

10 a third-party review of the Promontory Point project 

11 along the Chicago Shoreline, Chicago, Illinois, at a 

12 cost not to exceed $450,000. 

13 (2) JOINT REVIEW.—The Buffalo and Seattle 

14 districts of the Corps of Engineers shall jointly con15 duct the review. 

16 (3) STANDARDS.—The review shall be based on 

17 the standards under part 68 of title 36, Code of 

18 Federal Regulations, for implementation by the non19 Federal sponsor for the Chicago Shoreline, Chicago, 

20 Illinois, project. 

21 (b) CONTRIBUTIONS.—The Secretary shall accept 

22 from a State or political subdivision of a State voluntarily 

23 contributed funds to initiate the third-party review under 

24 subsection (a). 


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1 (c) EFFECT OF SECTION.—Nothing in this section af2 fects the authorization for the project for the Chicago 

3 Shoreline, Chicago, Illinois. 

4 SEC. 5068. SOUTHWEST ILLINOIS. 

5 (a) SOUTHWEST ILLINOIS DEFINED.—In this sec6 tion, the term ‘‘Southwest Illinois’’ means the counties of 

7 Madison, St. Clair, Monroe, Randolph, Perry, Franklin, 

8 Jackson, Union, Alexander, Pulaski, and Williamson, Illi9 nois. 

10 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

11 may establish a program to provide environmental assist12 ance to non-Federal interests in Southwest Illinois. 

13 (c) FORM OF ASSISTANCE.—Assistance under this 

14 section may be in the form of design and construction as15 sistance for water-related environmental infrastructure 

16 and resource protection and development projects in 

17 Southwest Illinois, including projects for wastewater treat18 ment and related facilities, water supply and related facili19 ties, and surface water resource protection and develop20 ment. 

21 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

22 provide assistance for a project under this section only if 

23 the project is publicly owned. 

24 (e) PARTNERSHIP AGREEMENTS.— 


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1 (1) IN GENERAL.—Before providing assistance 

2 under this section, the Secretary shall enter into a 

3 partnership agreement with a non-Federal interest 

4 to provide for design and construction of the project 

5 to be carried out with the assistance. 

6 (2) REQUIREMENTS.—Each partnership agree7 ment entered into under this subsection shall provide 

8 for the following: 

9 (A) PLAN.—Development by the Secretary, 

10 in consultation with appropriate Federal and 

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications. 

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of such legal and insti16 tutional structures as are necessary to ensure 

17 the effective long-term operation of the project 

18 by the non-Federal interest. 

19 (3) COST SHARING.— 

20 (A) IN GENERAL.—The Federal share of 

21 the project costs under each partnership agree22 ment entered into under this subsection shall be 

23 75 percent. The Federal share may be in the 

24 form of grants or reimbursements of project 

25 costs. 


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1 (B) CREDIT FOR WORK.—The non-Federal 

2 interests shall receive credit for the reasonable 

3 cost of design work on a project completed by 

4 the non-Federal interest before entering into a 

5 partnership agreement with the Secretary for 

6 such project. 

7 (C) CREDIT FOR INTEREST.—In case of a 

8 delay in the funding of the non-Federal share 

9 of a project that is the subject of an agreement 

10 under this section, the non-Federal interest 

11 shall receive credit for reasonable interest in12 curred in providing the non-Federal share of 

13 the project’s costs. 

14 (D) LAND, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall 

16 receive credit for land, easements, rights-of17 way, and relocations toward the non-Federal 

18 share of project costs (including all reasonable 

19 costs associated with obtaining permits nec20 essary for the construction, operation, and 

21 maintenance of the project on publicly owned or 

22 controlled land), but not to exceed 25 percent 

23 of total project costs. 

24 (E) OPERATION AND MAINTENANCE.—The 

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1 nance costs for projects constructed with assist2 ance provided under this section shall be 100 

3 percent. 

4 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS.—Nothing in this section waives, limits, or other6 wise affects the applicability of any provision of Federal 

7 or State law that would otherwise apply to a project to 

8 be carried out with assistance provided under this section. 

9 (g) NONPROFIT ENTITIES.—Notwithstanding section 

10 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

11 1962d-5b(b)), for any project undertaken under this sec12 tion, a non-Federal interest may include a nonprofit enti13 ty. 

14 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

15 of the amounts appropriated to carry out this section may 

16 be used by the Corps of Engineers district offices to ad17 minister projects under this section at Federal expense. 

18 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $40,000,000. Such sums shall remain available until ex21 pended. 

22 SEC. 5069. BURNS WATERWAY HARBOR, INDIANA. 

23 The Secretary shall conduct a study of shoaling in 

24 the vicinity of Burns Waterway Harbor, Indiana, to deter25 mine if the shoaling is the result of a Federal navigation 


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1 project, and, if the Secretary determines that the shoaling 

2 is the result of a Federal navigation project, the Secretary 

3 shall carry out a project to mitigate the shoaling under 

4 section 111 of the River and Harbor Act of 1968 (33 

5 U.S.C. 426). 

6 SEC. 5070. CALUMET REGION, INDIANA. 

7 Section 219(f)(12) of the Water Resources Develop8 ment Act of 1992 (113 Stat. 335; 117 Stat. 1843) is 

9 amended— 

10 (1) by striking ‘‘$30,000,000’’ and inserting the 

11 following: 

12 ‘‘(A) IN GENERAL.—$100,000,000’’; 

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

14 ‘‘(B) CREDIT.—The Secretary shall credit 

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

16 project the cost of planning and design work 

17 carried out by the non-Federal interest before, 

18 on, or after the date of the partnership agree19 ment for the project if the Secretary determines 

20 that the work is integral to the project.’’; and 

21 (3) by aligning the remainder of the text of 

22 subparagraph (A) (as designated by paragraph (1) 

23 of this section) with subparagraph (B) (as added by 

24 paragraph (2) of this section). 


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1 SEC. 5071. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA. 

2 (a) IN GENERAL.—The Secretary shall provide as3 sistance for a project to develop maps identifying 100- and 

4 500-year flood inundation areas in the State of Iowa, 

5 along the Missouri River. 

6 (b) REQUIREMENTS.—Maps developed under the 

7 project shall include hydrologic and hydraulic information 

8 and shall accurately portray the flood hazard areas in the 

9 floodplain. The maps shall be produced in a high resolu10 tion format and shall be made available to the State of 

11 Iowa in an electronic format. 

12 (c) PARTICIPATION OF FEMA.—The Secretary and 

13 the non-Federal interests for the project shall work with 

14 the Director of the Federal Emergency Management 

15 Agency to ensure the validity of the maps developed under 

16 the project for flood insurance purposes. 

17 (d) FORMS OF ASSISTANCE.—In carrying out the 

18 project, the Secretary may enter into contracts or coopera19 tive agreements with the non-Federal interests or provide 

20 reimbursements of project costs. 

21 (e) FEDERAL SHARE.—The Federal share of the cost 

22 of the project shall be 50 percent. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $3,000,000. 


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1 SEC. 5072. PADUCAH, KENTUCKY. 

2 The Secretary shall complete a feasibility report for 

3 rehabilitation of the project for flood damage reduction, 

4 Paducah, Kentucky, authorized by section 4 of the Flood 

5 Control Act of June 28, 1938 (52 Stat. 1217) and, if the 

6 Secretary determines that the project is feasible, the Sec7 retary shall carry out the project at a total cost of 

8 $3,000,000. 

9 SEC. 5073. SOUTHERN AND EASTERN KENTUCKY. 

10 Section 531 of the Water Resources Development Act 

11 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) 

12 is amended by adding the following: 

13 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

14 of the amounts appropriated to carry out this section may 

15 be used by the Corps of Engineers district offices to ad16 minister projects under this section at Federal expense.’’. 

17 SEC. 5074. WINCHESTER, KENTUCKY. 

18 Section 219(c) of the Water Resources Development 

19 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 

20 amended by adding at the end the following: 

21 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

22 infrastructure, Winchester, Kentucky.’’. 

23 SEC. 5075. BATON ROUGE, LOUISIANA. 

24 Section 219(f)(21) of the Water Resources Develop25 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 


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1 is amended by striking ‘‘$20,000,000’’ and inserting 

2 ‘‘$35,000,000’’. 

3 SEC. 5076. CALCASIEU SHIP CHANNEL, LOUISIANA. 

4 The Secretary shall expedite completion of a dredged 

5 material management plan for the Calcasieu Ship Chan6 nel, Louisiana, and may take interim measures to increase 

7 the capacity of existing disposal areas, or to construct new 

8 confined or beneficial use disposal areas, for the channel. 

9 SEC. 5077. EAST ATCHAFALAYA BASIN AND AMITE RIVER 

10 BASIN REGION, LOUISIANA. 

11 (a) EAST ATCHAFALAYA BASIN AND AMITE RIVER

12 BASIN REGION DEFINED.—In this section, the term 

13 ‘‘East Atchafalaya Basin and Amite River Basin Region’’ 

14 means the following parishes and municipalities in the 

15 State of Louisiana: Ascension, East Baton Rouge, East 

16 Feliciana, Iberville, Livingston, Pointe Coupee, St. Hel17 ena, West Baton Rouge, and West Feliciana. 

18 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

19 may establish a program to provide environmental assist20 ance to non-Federal interests in the East Atchafalaya 

21 Basin and Amite River Basin Region. 

22 (c) FORM OF ASSISTANCE.—Assistance under this 

23 section may be in the form of design and construction as24 sistance for water-related environmental infrastructure 

25 and resource protection and development projects in the 


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1 East Atchafalaya Basin and Amite River Basin Region, 

2 including projects for wastewater treatment and related 

3 facilities, water supply and related facilities, environ4 mental restoration, and surface water resource protection 

5 and development. 

6 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

7 provide assistance for a project under this section only if 

8 the project is publicly owned. 

9 (e) PARTNERSHIP AGREEMENTS.— 

10 (1) IN GENERAL.—Before providing assistance 

11 under this section, the Secretary shall enter into a 

12 partnership agreement with a non-Federal interest 

13 to provide for design and construction of the project 

14 to be carried out with the assistance. 

15 (2) REQUIREMENTS.—Each partnership agree16 ment of a project entered into under this subsection 

17 shall provide for the following: 

18 (A) PLAN.—Development by the Secretary, 

19 in consultation with appropriate Federal and 

20 State officials, of a facilities or resource protec21 tion and development plan, including appro22 priate engineering plans and specifications. 

23 (B) LEGAL AND INSTITUTIONAL STRUC24 TURES.—Establishment of such legal and insti25 tutional structures as are necessary to ensure 


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1 the effective long-term operation of the project 

2 by the non-Federal interest. 

3 (3) COST SHARING.— 

4 (A) IN GENERAL.—The Federal share of 

5 the project costs under each partnership agree6 ment entered into under this subsection shall be 

7 75 percent. The Federal share may be provided 

8 in the form of grants or reimbursements of 

9 project costs. 

10 (B) CREDIT FOR WORK.—The non-Federal 

11 interests shall receive credit for the reasonable 

12 cost of design work on a project completed by 

13 the non-Federal interest before entering into a 

14 partnership agreement with the Secretary for 

15 such project. 

16 (C) CREDIT FOR INTEREST.—In case of a 

17 delay in the funding of the non-Federal share 

18 of a project that is the subject of an agreement 

19 under this section, the non-Federal interest 

20 shall receive credit for reasonable interest in21 curred in providing the non-Federal share of 

22 the project’s costs. 

23 (D) LAND, EASEMENTS, AND RIGHTS-OF24 WAY CREDIT.—The non-Federal interest shall 

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1 way, and relocations toward the non-Federal 

2 share of project costs (including all reasonable 

3 costs associated with obtaining permits nec4 essary for the construction, operation, and 

5 maintenance of the project on publicly owned or 

6 controlled land), but such credit may not exceed 

7 25 percent of total project costs. 

8 (E) OPERATION AND MAINTENANCE.—The 

9 non-Federal share of operation and mainte10 nance costs for projects constructed with assist11 ance provided under this section shall be 100 

12 percent. 

13 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

14 LAWS.—Nothing in this section waives, limits, or other15 wise affects the applicability of any provision of Federal 

16 or State law that would otherwise apply to a project to 

17 be carried out with assistance provided under this section. 

18 (g) NONPROFIT ENTITIES.—Notwithstanding section 

19 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

20 1962d-5b(b)), for any project undertaken under this sec21 tion, a non-Federal interest may include a nonprofit enti22 ty. 

23 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

24 of the amounts appropriated to carry out this section may 


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1 be used by the Corps of Engineers district offices to ad2 minister projects under this section at Federal expense. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $40,000,000. Such sums shall remain available until ex6 pended. 

7 SEC. 5078. WEST BATON ROUGE PARISH, LOUISIANA. 

8 (a) MODIFICATION OF STUDY.—The study for water9 front and riverine preservation, restoration, and enhance10 ment, Mississippi River, West Baton Rouge Parish, Lou11 isiana, being carried out under Committee Resolution 

12 2570 of the Committee on Transportation and Infrastruc13 ture of the House of Representatives adopted July 23, 

14 1998, is modified— 

15 (1) to add West Feliciana Parish and East 

16 Baton Rouge Parish to the geographic scope of the 

17 study; and 

18 (2) to direct the Secretary to credit toward the 

19 non-Federal share the cost of the study and the non20 Federal share of the cost of any project authorized 

21 by law as a result of the study the cost of work car22 ried out by the non-Federal interest before the date 

23 of the partnership agreement for the project if the 

24 Secretary determines that the work is integral to the 

25 study or project, as the case may be. 


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1 (b) EXPEDITED CONSIDERATION.—Section 517(5) of 

2 the Water Resources Development Act of 1999 (113 Stat. 

3 345) is amended to read as follows: 

4 ‘‘(5) Mississippi River, West Baton Rouge, 

5 West Feliciana, and East Baton Rouge Parishes, 

6 Louisiana, project for waterfront and riverine pres7 ervation, restoration, and enhancement modifica8 tions.’’. 

9 SEC. 5079. CHARLESTOWN, MARYLAND. 

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

11 project for nonstructural flood damage reduction and eco12 system restoration at Charlestown, Maryland. 

13 (b) LAND ACQUISITION.—The flood damage reduc14 tion component of the project may include the acquisition 

15 of private property from willing sellers. 

16 (c) JUSTIFICATION.—Any nonstructural flood dam17 age reduction project to be carried out under this section 

18 that will result in the conversion of property to use for 

19 ecosystem restoration and wildlife habitat shall be justified 

20 based on national ecosystem restoration benefits. 

21 (d) USE OF ACQUIRED PROPERTY.—Property ac22 quired under this section shall be maintained in public 

23 ownership for ecosystem restoration and wildlife habitat. 

24 (e) ABILITY TO PAY.—In determining the appro25 priate non-Federal cost share for the project, the SecVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 retary shall determine the ability of Cecil County, Mary2 land, to participate as a cost-sharing non-Federal interest 

3 in accordance with section 103(m) of the Water Resources 

4 Development Act of 1986 (33 U.S.C. 2213(m)). 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated $2,000,000 to carry out this 

7 section. 

8 SEC. 5080. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 

9 MARYLAND. 

10 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

11 one year after the date of enactment of this Act, the Sec12 retary, in coordination with the Mayor of the District of 

13 Columbia, the Governor of Maryland, the county execu14 tives of Montgomery County and Prince George’s County, 

15 Maryland, and other interested entities, shall develop and 

16 make available to the public a 10-year comprehensive ac17 tion plan to provide for the restoration and protection of 

18 the ecological integrity of the Anacostia River and its trib19 utaries. 

20 (b) PUBLIC AVAILABILITY.—On completion of the 

21 comprehensive action plan under subsection (a), the Sec22 retary shall make the plan available to the public, includ23 ing on the Internet. 


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1 SEC. 5081. DELMARVA CONSERVATION CORRIDOR, DELA2 WARE AND MARYLAND. 

3 (a) ASSISTANCE.—The Secretary may provide tech4 nical assistance to the Secretary of Agriculture for use in 

5 carrying out the Conservation Corridor Demonstration 

6 Program established under subtitle G of title II of the 

7 Farm Security and Rural Investment Act of 2002 (16 

8 U.S.C. 3801 note; 116 Stat. 275). 

9 (b) COORDINATION AND INTEGRATION.—In carrying 

10 out water resources projects in Delaware and Maryland 

11 on the Delmarva Peninsula, the Secretary shall coordinate 

12 and integrate those projects, to the maximum extent prac13 ticable, with any activities carried out to implement a con14 servation corridor plan approved by the Secretary of Agri15 culture under section 2602 of the Farm Security and 

16 Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 

17 Stat. 275). 

18 SEC. 5082. MASSACHUSETTS DREDGED MATERIAL DIS19 POSAL SITES. 

20 The Secretary may cooperate with Massachusetts in 

21 the management and long-term monitoring of aquatic 

22 dredged material disposal sites within the State, and is 

23 authorized to accept funds from the State to carry out 

24 such activities. 


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1 SEC. 5083. ONTONAGON HARBOR, MICHIGAN. 

2 The Secretary shall conduct a study of shore damage 

3 in the vicinity of the project for navigation, Ontonagon 

4 Harbor, Ontonagon County, Michigan, authorized by sec5 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

6 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if 

7 the damage is the result of a Federal navigation project, 

8 and, if the Secretary determines that the damage is the 

9 result of a Federal navigation project, the Secretary shall 

10 carry out a project to mitigate the damage under section 

11 111 of the River and Harbor Act of 1968 (33 U.S.C. 

12 426i). 

13 SEC. 5084. CROOKSTON, MINNESOTA. 

14 The Secretary shall conduct a study for a project for 

15 emergency streambank protection along the Red Lake 

16 River in Crookston, Minnesota, and, if the Secretary de17 termines that the project is feasible, the Secretary may 

18 carry out the project under section 14 of the Flood Control 

19 Act of 1946 (33 U.S.C. 701r); except that the maximum 

20 amount of Federal funds that may be expended for the 

21 project shall be $6,500,000. 

22 SEC. 5085. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

23 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 

24 the Water Resources Development Act of 1992 (114 Stat. 

25 2763A–221) is amended— 


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1 (1) in the paragraph heading by striking ‘‘AND

2 KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING

3 COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN

4 RESERVATION, AND KATHIO TOWNSHIP’’; 

5 (2) by striking ‘‘$11,000,000’’ and inserting 

6 ‘‘$17,000,000’’; 

7 (3) by inserting ‘‘, Crow Wing County, Mille 

8 Lacs County, Mille Lacs Indian Reservation (10 

9 Stat. 1165),’’ after ‘‘Garrison’’; and 

10 (4) by adding at the end the following: ‘‘Such 

11 assistance shall be provided directly to the Garrison12 Kathio-West Mille Lacs Lake Sanitary District, 

13 Minnesota, except for assistance provided directly to 

14 the Mille Lacs Band of Ojibwe at the discretion of 

15 the Secretary.’’. 

16 (b) PROCEDURES.—In carrying out the project au17 thorized by such section 219(f)(61), the Secretary may use 

18 the cost sharing and contracting procedures available to 

19 the Secretary under section 569 of the Water Resources 

20 Development Act of 1999 (113 Stat. 368). 

21 SEC. 5086. ITASCA COUNTY, MINNESOTA. 

22 The Secretary shall carry out a project for flood dam23 age reduction, Trout Lake and Canisteo Pit, Itasca Coun24 ty, Minnesota, irrespective of normal policy considerations. 


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1 SEC. 5087. MINNEAPOLIS, MINNESOTA. 

2 (a) CONVEYANCE.—The Secretary shall convey to the 

3 city of Minneapolis by quitclaim deed and without consid4 eration all right, title, and interest of the United States 

5 to the property known as the War Department (Fort 

6 Snelling Interceptor) Tunnel in Minneapolis, Minnesota. 

7 (b) APPLICABILITY OF PROPERTY SCREENING PRO8 VISIONS.—Section 2696 of title 10, United States Code, 

9 shall not apply to the conveyance under this section. 

10 SEC. 5088. NORTHEASTERN MINNESOTA. 

11 (a) IN GENERAL.—Section 569 of the Water Re12 sources Development Act of 1999 (113 Stat. 368) is 

13 amended— 

14 (1) in subsection (a) by striking ‘‘Benton, 

15 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

16 Wadena,’’; 

17 (2) by striking the last sentence of subsection 

18 (e)(3)(B); 

19 (3) by striking subsection (g) and inserting the 

20 following: 

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

23 1962d–5b(b)), a non-Federal interest may include for any 

24 project undertaken under this section a nonprofit entity.’’; 

25 (4) in subsection (h) by striking ‘‘$40,000,000’’ 

26 and inserting ‘‘$54,000,000’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

3 of the amounts appropriated to carry out this section may 

4 be used by the Corps of Engineers district offices to ad5 minister projects under this section at Federal expense.’’. 

6 (b) BIWABIK, MINNESOTA.—The Secretary shall re7 imburse the non-Federal interest for the project for envi8 ronmental infrastructure, Biwabik, Minnesota, carried out 

9 under section 569 of the Water Resources Development 

10 Act of 1999 (113 Stat. 368), for planning, design, and 

11 construction costs that were incurred by the non-Federal 

12 interest with respect to the project before the date of the 

13 partnership agreement for the project and that were in 

14 excess of the non-Federal share of the cost of the project 

15 if the Secretary determines that the costs are appropriate. 

16 SEC. 5089. WILD RICE RIVER, MINNESOTA. 

17 The Secretary shall expedite the completion of the 

18 general reevaluation report, authorized by section 438 of 

19 the Water Resources Development Act of 2000 (114 Stat. 

20 2640), for the project for flood protection, Wild Rice 

21 River, Minnesota, authorized by section 201 of the Flood 

22 Control Act of 1970 (84 Stat. 1825), to develop alter23 natives to the Twin Valley Lake feature, and upon the 

24 completion of such report, shall construct the project at 

25 a total cost of $20,000,000. 


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1 SEC. 5090. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

2 MISSISSIPPI. 

3 In carrying out projects for the protection, restora4 tion, and creation of aquatic and ecologically related habi5 tats located in Harrison, Hancock, and Jackson Counties, 

6 Mississippi, under section 204 of the Water Resources De7 velopment Act of 1992 (33 U.S.C. 2326), the Secretary 

8 shall accept any portion of the non-Federal share of the 

9 cost of the project in the form of in-kind services and ma10 terials. 

11 SEC. 5091. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS. 

12 As a part of the operation and maintenance of the 

13 project for the Mississippi River (Regulating Works), be14 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

15 authorized by the first section of an Act entitled ‘‘Making 

16 appropriations for the construction, repair, and preserva17 tion of certain public works on rivers and harbors, and 

18 for other purposes’’, approved June 25, 1910, the Sec19 retary may carry out activities necessary to restore and 

20 protect fish and wildlife habitat in the middle Mississippi 

21 River system. Such activities may include modification of 

22 navigation training structures, modification and creation 

23 of side channels, modification and creation of islands, and 

24 studies and analysis necessary to apply adaptive manage25 ment principles in design of future work. 


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1 SEC. 5092. ST. LOUIS, MISSOURI. 

2 Section 219(f)(32) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 337) is amended— 

4 (1) by striking ‘‘project’’ and inserting 

5 ‘‘projects’’; 

6 (2) by striking ‘‘$15,000,000’’ and inserting 

7 ‘‘$35,000,000’’; and 

8 (3) by inserting ‘‘and St. Louis County’’ before 

9 ‘‘, Missouri’’. 

10 SEC. 5093. HACKENSACK MEADOWLANDS AREA, NEW JER11 SEY. 

12 Section 324 of the Water Resources Development Act 

13 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘design’’ and inserting 

16 ‘‘planning, design,’’; and 

17 (B) by striking ‘‘Hackensack Meadowlands 

18 Development’’ and all that follows through 

19 ‘‘Plan for’’ and inserting ‘‘New Jersey 

20 Meadowlands Commission for the development 

21 of an environmental improvement program for’’; 

22 (2) in subsection (b)— 

23 (A) in the subsection heading by striking 

24 ‘‘REQUIRED’’; 

25 (B) by striking ‘‘shall’’ and inserting 

26 ‘‘may’’; 


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1 (C) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) Restoration and acquisitions of significant 

4 wetlands and aquatic habitat that contribute to the 

5 Meadowlands ecosystem.’’; 

6 (D) in paragraph (2) by inserting ‘‘and 

7 aquatic habitat’’ before the period at the end; 

8 and 

9 (E) by striking paragraph (7) and insert10 ing the following: 

11 ‘‘(7) Research, development, and implementa12 tion for a water quality improvement program, in13 cluding restoration of hydrology and tidal flows and 

14 remediation of hot spots and other sources of con15 taminants that degrade existing or planned sites.’’; 

16 (3) in subsection (c) by inserting before the last 

17 sentence the following: ‘‘The non-Federal sponsor 

18 may also provide in-kind services, not to exceed the 

19 non-Federal share of the total project cost, and may 

20 also receive credit for reasonable cost of design work 

21 completed prior to entering into the partnership 

22 agreement with the Secretary for a project to be car23 ried out under the program developed under sub24 section (a).’’; and 


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1 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

2 and inserting ‘‘$35,000,000’’. 

3 SEC. 5094. ATLANTIC COAST OF NEW YORK. 

4 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

5 the Water Resources Development Act of 1992 (106 Stat. 

6 4863) is amended— 

7 (1) by striking ‘‘processes’’ and inserting ‘‘and 

8 related environmental processes’’; 

9 (2) by inserting after ‘‘Atlantic Coast’’ the fol10 lowing: ‘‘(and associated back bays)’’; 

11 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

12 environmental restoration or conservation measures 

13 for coastal and back bays,’’; and 

14 (4) by adding at the end the following: ‘‘The 

15 plan for collecting data and monitoring information 

16 included in such annual report shall be fully coordi17 nated with and agreed to by appropriate agencies of 

18 the State of New York.’’. 

19 (b) ANNUAL REPORTS.—Section 404(b) of such Act 

20 is amended— 

21 (1) by striking ‘‘INITIAL PLAN.—Not later than 

22 12 months after the date of the enactment of this 

23 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 


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1 (2) by striking ‘‘initial plan for data collection 

2 and monitoring’’ and inserting ‘‘annual report of 

3 data collection and monitoring activities’’; and 

4 (3) by striking the last sentence. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 404(c) of such Act (113 Stat. 341) is amended by striking 

7 ‘‘and an additional total of $2,500,000 for fiscal years 

8 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 

9 2000 through 2004, and $7,500,000 for fiscal years begin10 ning after September 30, 2004,’’. 

11 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4863) is amended by adding at the end the following: 

14 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author15 ized to be appropriated $800,000 for the Secretary to 

16 carry out a project for a tsunami warning system, Atlantic 

17 Coast of New York.’’. 

18 SEC. 5095. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

19 In carrying out section 312 of the Water Resources 

20 Development Act of 1990 (104 Stat. 4639), the Secretary 

21 shall give priority to work in College Point, New York 

22 City, New York. 


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1 SEC. 5096. FLUSHING BAY AND CREEK, NEW YORK CITY, 

2 NEW YORK. 

3 The Secretary shall credit toward the non-Federal 

4 share of the cost of the project for ecosystem restoration, 

5 Flushing Bay and Creek, New York City, New York, the 

6 cost of design and construction work carried out by the 

7 non-Federal interest before the date of the partnership 

8 agreement for the project if the Secretary determines that 

9 the work is integral to the project. 

10 SEC. 5097. 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. 5098. MOUNT MORRIS DAM, NEW YORK. 

18 As part of the operation and maintenance of the 

19 Mount Morris Dam, New York, the Secretary may make 

20 improvements to the access road for the dam to provide 

21 safe access to a Federal visitor’s center. 

22 SEC. 5099. JOHN H. KERR DAM AND RESERVOIR, NORTH 

23 CAROLINA. 

24 The Secretary shall expedite the completion of the 

25 calculations necessary to negotiate and execute a revised, 

26 permanent contract for water supply storage at John H. 


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1 Kerr Dam and Reservoir, North Carolina, among the Sec2 retary and the Kerr Lake Regional Water System and the 

3 city of Henderson, North Carolina. 

4 SEC. 5100. STANLY COUNTY, NORTH CAROLINA. 

5 Section 219(f)(64) of the Water Resources Develop6 ment Act of 1992 (114 Stat. 2763A–221) is amended by 

7 inserting ‘‘water and’’ before ‘‘wastewater’’. 

8 SEC. 5101. CINCINNATI, OHIO. 

9 (a) IN GENERAL.—The Secretary is authorized to 

10 undertake the ecosystem restoration and recreation com11 ponents of the Central Riverfront Park Master Plan, 

12 dated 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 

15 planning, design, and construction work carried out by the 

16 non-Federal interest before the date of the partnership 

17 agreement for the project if the Secretary determines that 

18 the work is integral to the project. 

19 SEC. 5102. 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— 


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1 (1) acquire, and transfer to the non-Federal in2 terest, a dredge and associated equipment with the 

3 capacity to perform operation and maintenance of 

4 the 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 

16 out subsection (a)(1). 

17 (d) RELEASE.—Upon the acquisition and transfer of 

18 a dredge and associated equipment under subsection 

19 (a)(1), and the payment of funds under subsection (a)(2), 

20 all future Federal responsibility for operation and mainte21 nance of the project is extinguished. 

22 SEC. 5103. 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 


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1 the restoration is feasible, the Secretary shall carry out 

2 the restoration. 

3 (b) CONSIDERATION OF NONECONOMIC BENEFITS.— 

4 In determining the feasibility of restoring the millrace, the 

5 Secretary shall include noneconomic benefits associated 

6 with the historical significance of the millrace and associ7 ated 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. 5104. FERN RIDGE DAM, OREGON. 

12 The Secretary may treat all work carried out for 

13 emergency corrective actions to repair the embankment 

14 dam at the Fern Ridge Lake project, Oregon, as a dam 

15 safety project. The cost of work carried out may be recov16 ered in accordance with section 1203 of the Water Re17 sources Development Act of 1986 (33 U.S.C. 467n; 100 

18 Stat. 4263). 

19 SEC. 5105. ALLEGHENY COUNTY, PENNSYLVANIA. 

20 Section 219(f)(66) of the Water Resources Develop21 ment Act of 1992 (114 Stat. 2763A–221) is amended— 

22 (1) by striking ‘‘$20,000,000’’ and inserting the 

23 following: 

24 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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


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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 partner5 ship agreement for the project if the Secretary 

6 determines that the work is integral to the 

7 project.’’; and 

8 (3) by aligning the remainder of the text of 

9 subparagraph (A) (as designated by paragraph (1) 

10 of this section) with subparagraph (B) (as added by 

11 paragraph (2) of this section). 

12 SEC. 5106. CLINTON COUNTY, PENNSYLVANIA. 

13 Section 219(f)(13) of the Water Resources Develop14 ment Act of 1992 (113 Stat. 335) is amended by striking 

15 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. 

16 SEC. 5107. KEHLY RUN DAMS, PENNSYLVANIA. 

17 Section 504(a)(2) of the Water Resources Develop18 ment Act of 1999 (113 Stat. 338; 117 Stat. 1842) is 

19 amended by striking ‘‘Dams’’ and inserting ‘‘Dams No. 

20 1–5’’. 

21 SEC. 5108. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL22 VANIA. 

23 The Secretary shall use existing water quality data 

24 to model the effects of the Francis E. Walter Dam, at 

25 different water levels, to determine its impact on water 


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1 and related resources in and along the Lehigh River in 

2 Lehigh County, Pennsylvania. There is authorized to be 

3 appropriated $500,000 to carry out this section. 

4 SEC. 5109. NORTHEAST PENNSYLVANIA. 

5 Section 219(f)(11) of the Water Resources Develop6 ment Act of 1992 (113 Stat. 335) is amended by striking 

7 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 

8 Snyder, Luzerne, and Monroe’’. 

9 SEC. 5110. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL10 VANIA AND NEW YORK. 

11 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

12 567(a) of the Water Resources Development Act of 1996 

13 (110 Stat. 3787; 114 Stat. 2662) is amended— 

14 (1) in the matter preceding paragraph (1) by 

15 inserting ‘‘and carry out’’ after ‘‘develop’’; and 

16 (2) in paragraph (2) by striking 

17 ‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 

18 which the Secretary may utilize not more than 

19 $5,000,000 to design and construct feasible pilot 

20 projects during the development of the strategy to 

21 demonstrate alternative approaches for the strategy. 

22 The total cost for any single pilot project may not 

23 exceed $500,000. The Secretary shall evaluate the 

24 results of the pilot projects and consider the results 

25 in the development of the strategy.’’. 


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1 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

2 such Act (114 Stat. 2662) is amended— 

3 (1) in the subsection heading by striking ‘‘CO4 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 

5 (2) in the first sentence— 

6 (A) by inserting ‘‘and carrying out’’ after 

7 ‘‘developing’’; and 

8 (B) by striking ‘‘cooperation’’ and insert9 ing ‘‘cost-sharing and cooperative’’. 

10 (c) IMPLEMENTATION OF STRATEGY.—Section 

11 567(d) of such Act (114 Stat. 2663) is amended— 

12 (1) by striking ‘‘The Secretary’’ and inserting 

13 the following: 

14 ‘‘(1) IN GENERAL.—The Secretary’’; 

15 (2) in the second sentence of paragraph (1) (as 

16 so designated)— 

17 (A) by striking ‘‘implement’’ and inserting 

18 ‘‘carry out’’; and 

19 (B) by striking ‘‘implementing’’ and insert20 ing ‘‘carrying out’’; 

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

22 ‘‘(2) PRIORITY PROJECT.—In carrying out 

23 projects to implement the strategy, the Secretary 

24 shall give priority to the project for ecosystem res25 toration, Cooperstown, New York, described in the 


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1 Upper Susquehanna River Basin—Cooperstown 

2 Area Ecosystem Restoration Feasibility Study, dated 

3 December 2004, prepared by the Corps of Engineers 

4 and the New York State Department of Environ5 mental Conservation.’’; and 

6 (4) by aligning the remainder of the text of 

7 paragraph (1) (as designated by paragraph (1) of 

8 this subsection) with paragraph (2) (as added by 

9 paragraph (3) of this subsection). 

10 (d) CREDIT.—Section 567 of such Act (110 Stat. 

11 3787; 114 Stat. 2662) is amended by adding at the end 

12 the following: 

13 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

14 non-Federal share of the cost of a project under this sec15 tion— 

16 ‘‘(1) the cost of design and construction work 

17 carried out by the non-Federal interest before the 

18 date of the partnership agreement for the project if 

19 the Secretary determines that the work is integral to 

20 the project; and 

21 ‘‘(2) the cost of in-kind services and materials 

22 provided for the project by the non-Federal inter23 est.’’. 


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1 SEC. 5111. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

2 The Secretary shall review a report prepared by the 

3 non-Federal interest concerning flood protection and envi4 ronmental restoration for Cano Martin Pena, San Juan, 

5 Puerto Rico, and, if the Secretary determines that the re6 port meets the evaluation and design standards of the 

7 Corps of Engineers and that the project is feasible, the 

8 Secretary may carry out the project at a total cost of 

9 $130,000,000, with an estimated Federal cost of 

10 $85,000,000 and an estimated non-Federal cost of 

11 $45,000,000. 

12 SEC. 5112. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

13 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE 

14 HABITAT RESTORATION, SOUTH DAKOTA. 

15 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

16 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

17 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES18 TRIAL WILDLIFE HABITAT RESTORATION TRUST

19 FUNDS.—Section 602(a)(4) of the Water Resources De20 velopment Act of 1999 (113 Stat. 386) is amended— 

21 (1) in subparagraph (A)— 

22 (A) in clause (i) by inserting ‘‘and the Sec23 retary of the Treasury’’ after ‘‘Secretary’’; and 

24 (B) by striking clause (ii) and inserting the 

25 following: 


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1 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

2 notification in accordance with clause (i), 

3 the Secretary of the Treasury shall make 

4 available to the State of South Dakota 

5 funds from the State of South Dakota Ter6 restrial Wildlife Habitat Restoration Trust 

7 Fund established under section 603, to be 

8 used to carry out the plan for terrestrial 

9 wildlife habitat restoration submitted by 

10 the State of South Dakota after the State 

11 certifies to the Secretary of the Treasury 

12 that the funds to be disbursed will be used 

13 in accordance with section 603(d)(3) and 

14 only after the Trust Fund is fully capital15 ized.’’; and 

16 (2) in subparagraph (B) by striking clause (ii) 

17 and inserting the following: 

18 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

19 notification in accordance with clause (i), 

20 the Secretary of the Treasury shall make 

21 available to the Cheyenne River Sioux 

22 Tribe and the Lower Brule Sioux Tribe 

23 funds from the Cheyenne River Sioux Ter24 restrial Wildlife Habitat Restoration Trust 

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1 trial Wildlife Habitat Restoration Trust 

2 Fund, respectively, established under sec3 tion 604, to be used to carry out the plans 

4 for terrestrial wildlife habitat restoration 

5 submitted by the Cheyenne River Sioux 

6 Tribe and the Lower Brule Sioux Tribe, 

7 respectively, to after the respective tribe 

8 certifies to the Secretary of the Treasury 

9 that the funds to be disbursed will be used 

10 in accordance with section 604(d)(3) and 

11 only after the Trust Fund is fully capital12 ized.’’. 

13 (b) INVESTMENT PROVISIONS OF THE STATE OF

14 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

15 TRUST FUND.—Section 603 of the Water Resources De16 velopment Act of 1999 (113 Stat. 388; 114 Stat. 2664) 

17 is amended— 

18 (1) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) INVESTMENTS.— 

21 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith22 standing any other provision of law, the Secretary of 

23 the Treasury shall invest the amounts deposited 

24 under subsection (b) and the interest earned on 


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1 those amounts only in interest-bearing obligations of 

2 the United States issued directly to the Fund. 

3 ‘‘(2) INVESTMENT REQUIREMENTS.— 

4 ‘‘(A) IN GENERAL.—The Secretary of the 

5 Treasury shall invest the amounts in the Fund 

6 in accordance with the requirements of this 

7 paragraph. 

8 ‘‘(B) SEPARATE INVESTMENTS OF PRIN9 CIPAL AND INTEREST.— 

10 ‘‘(i) PRINCIPAL ACCOUNT.—The 

11 amounts deposited in the Fund under sub12 section (b) shall be credited to an account 

13 within the Fund (referred to in this para14 graph as the ‘principal account’) and in15 vested as provided in subparagraph (C). 

16 ‘‘(ii) INTEREST ACCOUNT.—The inter17 est earned from investing amounts in the 

18 principal account of the Fund shall be 

19 transferred to a separate account within 

20 the Fund (referred to in this paragraph as 

21 the ‘interest account’) and invested as pro22 vided in subparagraph (D). 

23 ‘‘(iii) CREDITING.—The interest 

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1 terest account of the Fund shall be cred2 ited to the interest account. 

3 ‘‘(C) INVESTMENT OF PRINCIPAL AC4 COUNT.— 

5 ‘‘(i) INITIAL INVESTMENT.—Each 

6 amount deposited in the principal account 

7 of the Fund shall be invested initially in el8 igible obligations having the shortest matu9 rity then available until the date on which 

10 the amount is divided into 3 substantially 

11 equal portions and those portions are in12 vested in eligible obligations that are iden13 tical (except for transferability) to the 

14 next-issued publicly issued Treasury obli15 gations 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 

20 obligation matures, the principal of the 

21 maturing eligible obligation shall also be 

22 invested initially in the shortest-maturity 

23 eligible obligation then available until the 

24 principal is reinvested substantially equally 

25 in the eligible obligations that are identical 


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1 (except for transferability) to the next2 issued publicly issued Treasury obligations 

3 having 2-year, 5-year, and 10-year matu4 rities. 

5 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

6 OF OBLIGATIONS.—If the Department of 

7 the Treasury discontinues issuing to the 

8 public obligations having 2-year, 5-year, or 

9 10-year maturities, the principal of any 

10 maturing eligible obligation shall be rein11 vested substantially equally in eligible obli12 gations that are identical (except for trans13 ferability) to the next-issued publicly 

14 issued Treasury obligations of the matu15 rities longer than 1 year then available. 

16 ‘‘(D) INVESTMENT OF INTEREST AC17 COUNT.— 

18 ‘‘(i) BEFORE FULL CAPITALIZA19 TION.—Until the date on which the Fund 

20 is fully capitalized, amounts in the interest 

21 account of the Fund shall be invested in el22 igible obligations that are identical (except 

23 for transferability) to publicly issued 

24 Treasury obligations that have maturities 

25 that coincide, to the maximum extent pracVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 ticable, with the date on which the Fund 

2 is expected to be fully capitalized. 

3 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

4 On and after the date on which the 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 ob19 ligations having the same maturity and pur20 chase price, the obligation to be purchased shall 

21 be the obligation having the highest yield. 

22 ‘‘(G) HOLDING TO MATURITY.—Eligible 

23 obligations purchased shall generally be held to 

24 their maturities. 


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1 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI2 TIES.—Not less frequently than once each calendar 

3 year, the Secretary of the Treasury shall review with 

4 the State of South Dakota the results of the invest5 ment activities and financial status of the Fund dur6 ing the preceding 12-month period. 

7 ‘‘(4) AUDITS.— 

8 ‘‘(A) IN GENERAL.—The activities of the 

9 State of South Dakota (referred to in this sub10 section as the ‘State’) in carrying out the plan 

11 of the State for terrestrial wildlife habitat res12 toration under section 602(a) shall be audited 

13 as part of the annual audit that the State is re14 quired to prepare under the Office of Manage15 ment and Budget Circular A–133 (or a suc16 cessor 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 State under this section during the 

22 period covered by the audit were used to 

23 carry out the plan of the State in accord24 ance with this section; and 


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1 ‘‘(ii) include the determination under 

2 clause (i) in the written findings of the 

3 audit. 

4 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE5 MENTS.— 

6 ‘‘(A) IN GENERAL.—If the Secretary of the 

7 Treasury determines that meeting the require8 ments under paragraph (2) with respect to the 

9 investment of a Fund is not practicable, or 

10 would result in adverse consequences for the 

11 Fund, the Secretary shall modify the require12 ments, as the Secretary determines to be nec13 essary. 

14 ‘‘(B) CONSULTATION.—Before modifying a 

15 requirement under subparagraph (A), the Sec16 retary of the Treasury shall consult with the 

17 State regarding the proposed modification.’’; 

18 (2) in subsection (d)(2) by inserting ‘‘of the 

19 Treasury’’ after ‘‘Secretary’’; and 

20 (3) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au23 thorized to be appropriated to the Secretary of the Treas24 ury to pay expenses associated with investing the Fund 


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1 and auditing the uses of amounts withdrawn from the 

2 Fund— 

3 ‘‘(1) $500,000 for each of fiscal years 2006 and 

4 2007; and 

5 ‘‘(2) such sums as are necessary for each subse6 quent fiscal year.’’. 

7 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

8 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

9 TRUST FUNDS.—Section 604 of the Water Resources De10 velopment Act of 1999 (113 Stat. 389; 114 Stat. 2665) 

11 is amended— 

12 (1) by striking subsection (c) and inserting the 

13 following: 

14 ‘‘(c) INVESTMENTS.— 

15 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith16 standing any other provision of law, the Secretary of 

17 the Treasury shall invest the amounts deposited 

18 under subsection (b) and the interest earned on 

19 those amounts only in interest-bearing obligations of 

20 the United States issued directly to the Funds. 

21 ‘‘(2) INVESTMENT REQUIREMENTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary of the 

23 Treasury shall invest the amounts in each of 

24 the Funds in accordance with the requirements 

25 of this paragraph. 


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1 ‘‘(B) SEPARATE INVESTMENTS OF PRIN2 CIPAL AND INTEREST.— 

3 ‘‘(i) PRINCIPAL ACCOUNT.—The 

4 amounts deposited in each Fund under 

5 subsection (b) shall be credited to an ac6 count within the Fund (referred to in this 

7 paragraph as the ‘principal account’) and 

8 invested as provided in subparagraph (C). 

9 ‘‘(ii) INTEREST ACCOUNT.—The inter10 est earned from investing amounts in the 

11 principal account of each Fund shall be 

12 transferred to a separate account within 

13 the Fund (referred to in this paragraph as 

14 the ‘interest account’) and invested as pro15 vided in subparagraph (D). 

16 ‘‘(iii) CREDITING.—The interest 

17 earned from investing amounts in the in18 terest account of each Fund shall be cred19 ited to the interest account. 

20 ‘‘(C) INVESTMENT OF PRINCIPAL AC21 COUNT.— 

22 ‘‘(i) INITIAL INVESTMENT.—Each 

23 amount deposited in the principal account 

24 of each Fund shall be invested initially in 

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1 turity then available until the date on 

2 which the amount is divided into 3 sub3 stantially equal portions and those portions 

4 are invested in eligible obligations that are 

5 identical (except for transferability) to the 

6 next-issued publicly issued Treasury obli7 gations having a 2-year maturity, a 5-year 

8 maturity, and a 10-year maturity, respec9 tively. 

10 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

11 each 2-year, 5-year, and 10-year eligible 

12 obligation matures, the principal of the 

13 maturing eligible obligation shall also be 

14 invested initially in the shortest-maturity 

15 eligible obligation then available until the 

16 principal is reinvested substantially equally 

17 in the eligible obligations that are identical 

18 (except for transferability) to the next19 issued publicly issued Treasury obligations 

20 having 2-year, 5-year, and 10-year matu21 rities. 

22 ‘‘(iii) DISCONTINUATION OF ISSUANCE

23 OF OBLIGATIONS.—If the Department of 

24 the Treasury discontinues issuing to the 

25 public obligations having 2-year, 5-year, or 


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1 10-year maturities, the principal of any 

2 maturing eligible obligation shall be rein3 vested substantially equally in eligible obli4 gations that are identical (except for trans5 ferability) to the next-issued publicly 

6 issued Treasury obligations of the matu7 rities longer than 1 year then available. 

8 ‘‘(D) INVESTMENT OF THE INTEREST AC9 COUNT.— 

10 ‘‘(i) BEFORE FULL CAPITALIZA11 TION.—Until the date on which each Fund 

12 is fully capitalized, amounts in the interest 

13 account of the Fund shall be invested in el14 igible obligations that are identical (except 

15 for transferability) to publicly issued 

16 Treasury obligations that have maturities 

17 that coincide, to the maximum extent prac18 ticable, with the date on which the Fund 

19 is expected to be fully capitalized. 

20 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

21 On and after the date on which each Fund 

22 is fully capitalized, amounts in the interest 

23 account of the Fund shall be invested and 

24 reinvested in eligible obligations having the 

25 shortest maturity then available until the 


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1 amounts are withdrawn and transferred to 

2 fund the activities authorized under sub3 section (d)(3). 

4 ‘‘(E) PAR PURCHASE PRICE.—The price to 

5 be paid for eligible obligations purchased as in6 vestments of the principal account shall not ex7 ceed the par value of the obligations so that the 

8 amount of the principal account shall be pre9 served in perpetuity. 

10 ‘‘(F) HIGHEST YIELD.—Among eligible ob11 ligations having the same maturity and pur12 chase price, the obligation to be purchased shall 

13 be the obligation having the highest yield. 

14 ‘‘(G) HOLDING TO MATURITY.—Eligible 

15 obligations purchased shall generally be held to 

16 their maturities. 

17 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI18 TIES.—Not less frequently than once each calendar 

19 year, the Secretary of the Treasury shall review with 

20 the Cheyenne River Sioux Tribe and the Lower 

21 Brule Sioux Tribe (referred to in this subsection as 

22 the ‘Tribes’) the results of the investment activities 

23 and financial status of the Funds during the pre24 ceding 12-month period. 

25 ‘‘(4) AUDITS.— 


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1 ‘‘(A) IN GENERAL.—The activities of the 

2 Tribes in carrying out the plans of the Tribes 

3 for terrestrial wildlife habitat restoration under 

4 section 602(a) shall be audited as part of the 

5 annual audit that the Tribes are required to 

6 prepare under the Office of Management and 

7 Budget Circular A–133 (or a successor circula8 tion). 

9 ‘‘(B) DETERMINATION BY AUDITORS.—An 

10 auditor that conducts an audit under subpara11 graph (A) shall— 

12 ‘‘(i) determine whether funds received 

13 by the Tribes under this section during the 

14 period covered by the audit were used to 

15 carry out the plan of the appropriate Tribe 

16 in accordance with this section; and 

17 ‘‘(ii) include the determination under 

18 clause (i) in the written findings of the 

19 audit. 

20 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE21 MENTS.— 

22 ‘‘(A) IN GENERAL.—If the Secretary of the 

23 Treasury determines that meeting the require24 ments under paragraph (2) with respect to the 

25 investment of a Fund is not practicable, or 


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1 would result in adverse consequences for the 

2 Fund, the Secretary shall modify the require3 ments, as the Secretary determines to be nec4 essary. 

5 ‘‘(B) CONSULTATION.—Before modifying a 

6 requirement under subparagraph (A), the Sec7 retary of the Treasury shall consult with the 

8 Tribes regarding the proposed modification.’’; 

9 and 

10 (2) by striking subsection (f) and inserting the 

11 following: 

12 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au13 thorized to be appropriated to the Secretary of the Treas14 ury to pay expenses associated with investing the Funds 

15 and auditing the uses of amounts withdrawn from the 

16 Funds— 

17 ‘‘(1) $500,000 for each of fiscal years 2006 and 

18 2007; and 

19 ‘‘(2) such sums as are necessary for each subse20 quent fiscal year.’’. 

21 SEC. 5113. EAST TENNESSEE. 

22 (a) EAST TENNESSEE DEFINED.—In this section, 

23 the term ‘‘East Tennessee’’ means the counties of Blount, 

24 Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee. 


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1 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

2 may establish a program to provide environmental assist3 ance to non-Federal interests in East Tennessee. 

4 (c) FORM OF ASSISTANCE.—Assistance under this 

5 section may be in the form of design and construction as6 sistance for water-related environmental infrastructure 

7 and resource protection and development projects in East 

8 Tennessee, including projects for wastewater treatment 

9 and related facilities, water supply and related facilities, 

10 environmental restoration, and surface water resource pro11 tection and development. 

12 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

13 provide assistance for a project under this section only if 

14 the project is publicly owned. 

15 (e) PARTNERSHIP AGREEMENTS.— 

16 (1) IN GENERAL.—Before providing assistance 

17 under this section, the Secretary shall enter into a 

18 partnership agreement with a non-Federal interest 

19 to provide for design and construction of the project 

20 to be carried out with the assistance. 

21 (2) REQUIREMENTS.—Each partnership agree22 ment entered into under this subsection shall provide 

23 for the following: 

24 (A) PLAN.—Development by the Secretary, 

25 in consultation with appropriate Federal and 


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1 State officials, of a facilities or resource protec2 tion and development plan, including appro3 priate engineering plans and specifications. 

4 (B) LEGAL AND INSTITUTIONAL STRUC5 TURES.—Establishment of such legal and insti6 tutional structures as are necessary to ensure 

7 the effective long-term operation of the project 

8 by the non-Federal interest. 

9 (3) COST SHARING.— 

10 (A) IN GENERAL.—The Federal share of 

11 the project cost under each partnership agree12 ment entered into under this subsection shall be 

13 75 percent. The Federal share may be in the 

14 form of grants or reimbursements of project 

15 costs. 

16 (B) CREDIT FOR WORK.—The non-Federal 

17 interests shall receive credit for the reasonable 

18 cost of design work on a project completed by 

19 the non-Federal interest before entering into a 

20 partnership agreement with the Secretary for 

21 such project. 

22 (C) CREDIT FOR INTEREST.—In case of a 

23 delay in the funding of the non-Federal share 

24 of a project that is the subject of an agreement 

25 under this section, the non-Federal interest 


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1 shall receive credit for reasonable interest in2 curred in providing the non-Federal share of 

3 the project cost. 

4 (D) LAND, EASEMENTS, AND RIGHTS-OF5 WAY CREDIT.—The non-Federal interest shall 

6 receive credit for land, easements, rights-of7 way, and relocations toward the non-Federal 

8 share of project cost (including all reasonable 

9 costs associated with obtaining permits nec10 essary for the construction, operation, and 

11 maintenance of the project on publicly owned or 

12 controlled land), but not to exceed 25 percent 

13 of total project cost. 

14 (E) OPERATION AND MAINTENANCE.—The 

15 non-Federal share of operation and mainte16 nance costs for projects constructed with assist17 ance provided under this section shall be 100 

18 percent. 

19 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

20 LAWS.—Nothing in this section waives, limits, or other21 wise affects the applicability of any provision of Federal 

22 or State law that would otherwise apply to a project to 

23 be carried out with assistance provided under this section. 

24 (g) NONPROFIT ENTITIES.—Notwithstanding section 

25 221(b) of the Flood Control Act of 1970 (42 U.S.C. 


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1 1962d-5b(b)), for any project undertaken under this sec2 tion, a non-Federal interest may include a nonprofit entity 

3 with the consent of the affected local government. 

4 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

5 of the amounts appropriated to carry out this section may 

6 be used by the Corps of Engineers district offices to ad7 minister projects under this section at Federal expense. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $40,000,000. Such sums shall remain available until ex11 pended. 

12 SEC. 5114. FRITZ LANDING, TENNESSEE. 

13 The Secretary shall— 

14 (1) conduct a study of the Fritz Landing Agri15 cultural Spur Levee, Tennessee, to determine the ex16 tent of levee modifications that would be required to 

17 make the levee and associated drainage structures 

18 consistent with Federal standards; 

19 (2) design and construct such modifications; 

20 and 

21 (3) after completion of such modifications, in22 corporate the levee into the project for flood control, 

23 Mississippi River and Tributaries, authorized by the 

24 Act entitled ‘‘An Act for the control of floods on the 

25 Mississippi River and its tributaries, and for other 


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1 purposes’’, approved May 15, 1928 (45 Stat. 534– 

2 539), commonly known as the ‘‘Flood Control Act of 

3 1928’’. 

4 SEC. 5115. J. PERCY PRIEST DAM AND RESERVOIR, TEN5 NESSEE. 

6 The Secretary shall plan, design, and construct a trail 

7 system at the J. Percy Priest Dam and Reservoir, Ten8 nessee, authorized by section 4 of the Act entitled ‘‘An 

9 Act authorizing the construction of certain public works 

10 on rivers and harbors for flood control, and for other pur11 poses’’, approved June 28, 1938 (52 Stat. 1217), and ad12 jacent public property, including design and construction 

13 of support facilities. In carrying out such improvements, 

14 the Secretary is authorized to use funds made available 

15 by the State of Tennessee from any Federal or State 

16 source, or both. 

17 SEC. 5116. TOWN CREEK, LENOIR CITY, TENNESSEE. 

18 The Secretary shall design and construct the project 

19 for flood damage reduction designated as Alternative 4 in 

20 the Town Creek, Lenoir City, Loudon County, Tennessee, 

21 feasibility report of the Nashville district engineer, dated 

22 November 2000, under the authority of section 205 of the 

23 Flood Control Act of 1948 (33 U.S.C. 701s), notwith24 standing section 1 of the Flood Control Act of June 22, 

25 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal 


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1 share of the cost of the project shall be subject to section 

2 103(m) of the Water Resources Development Act of 1986 

3 (33 U.S.C. 2213(m)). 

4 SEC. 5117. TENNESSEE RIVER PARTNERSHIP. 

5 (a) IN GENERAL.—As part of the operation and 

6 maintenance of the project for navigation, Tennessee 

7 River, Tennessee, Alabama, Mississippi, and Kentucky, 

8 authorized by the first section of the River and Harbor 

9 Act of July 3, 1930 (46 Stat. 927), the Secretary may 

10 enter into a partnership with a nonprofit entity to remove 

11 debris from the Tennessee River in the vicinity of Knox12 ville, Tennessee, by providing a vessel to such entity, at 

13 Federal expense, for such debris removal purposes. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $500,000. 

17 SEC. 5118. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

18 ARKANSAS, AND MISSISSIPPI. 

19 The Secretary may participate with non-Federal and 

20 nonprofit entities to address issues concerning managing 

21 groundwater as a sustainable resource through the Upper 

22 Mississippi Embayment, Tennessee, Arkansas, and Mis23 sissippi, and coordinating the protection of groundwater 

24 supply and groundwater quality with local surface water 


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1 protection programs. There is authorized to be appro2 priated $5,000,000 to carry out this section. 

3 SEC. 5119. BOSQUE RIVER WATERSHED, TEXAS. 

4 (a) COMPREHENSIVE PLAN.—The Secretary, in con5 sultation with appropriate Federal, State, and local enti6 ties, shall develop, as expeditiously as practicable, a com7 prehensive plan for development of new technologies and 

8 innovative approaches for restoring, preserving, and pro9 tecting the Bosque River watershed within Bosque, Ham10 ilton, McLennan, and Erath Counties, Texas. The Sec11 retary, in cooperation with the Secretary of Agriculture, 

12 may carry out activities identified in the comprehensive 

13 plan to demonstrate practicable alternatives for stabiliza14 tion and enhancement of land and water resources in the 

15 basin. 

16 (b) SERVICES OF PUBLIC NON-PROFIT INSTITU17 TIONS AND OTHER ENTITIES.—In carrying out subsection 

18 (a), the Secretary may utilize, through contracts or other 

19 means, the services of public non-profit institutions and 

20 such other entities as the Secretary considers appropriate. 

21 (c) NON-FEDERAL SHARE.— 

22 (1) CREDIT.—The Secretary shall credit toward 

23 the non-Federal share of the cost of activities car24 ried out under this section the cost of planning, de25 sign, and construction work completed by or on beVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 half of the non-Federal interests for implementation 

2 of measures constructed with assistance provided 

3 under this section. The amount of such credit shall 

4 not exceed the non-Federal share of the cost of such 

5 activities. 

6 (2) OPERATION AND MAINTENANCE.—The non7 Federal share of the cost of operation and mainte8 nance for measures constructed with assistance pro9 vided under this section shall be 100 percent. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $10,000,000. 

13 SEC. 5120. DALLAS COUNTY REGION, TEXAS. 

14 (a) DALLAS COUNTY REGION DEFINED.—In this sec15 tion, the term ‘‘Dallas County region’’ means the city of 

16 Dallas, and the municipalities of DeSoto, Duncanville, 

17 Lancaster, Wilmer, Hutchins, Balch Springs, Cedar Hill, 

18 Glenn Heights, and Ferris, Texas. 

19 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

20 may establish a program to provide environmental assist21 ance to non-Federal interests in the Dallas County region. 

22 (c) FORM OF ASSISTANCE.—Assistance under this 

23 section may be in the form of design and construction as24 sistance for water-related environmental infrastructure 

25 and resource protection and development projects in the 


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1 Dallas County region, including projects for wastewater 

2 treatment and related facilities, water supply and related 

3 facilities, environmental restoration, and surface water re4 source protection and development. 

5 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

6 provide assistance for a project under this section only if 

7 the project is publicly owned. 

8 (e) PARTNERSHIP AGREEMENTS.— 

9 (1) IN GENERAL.—Before providing assistance 

10 under this section, the Secretary shall enter into a 

11 partnership agreement with a non-Federal interest 

12 to provide for design and construction of the project 

13 to be carried out with the assistance. 

14 (2) REQUIREMENTS.—Each partnership agree15 ment entered into under this subsection shall provide 

16 for the following: 

17 (A) PLAN.—Development by the Secretary, 

18 in consultation with appropriate Federal and 

19 State officials, of a facilities or resource protec20 tion and development plan, including appro21 priate engineering plans and specifications. 

22 (B) LEGAL AND INSTITUTIONAL STRUC23 TURES.—Establishment of such legal and insti24 tutional structures as are necessary to ensure 


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1 the effective long-term operation of the project 

2 by the non-Federal interest. 

3 (3) COST SHARING.— 

4 (A) IN GENERAL.—The Federal share of 

5 the project costs under each partnership agree6 ment entered into under this subsection shall be 

7 75 percent. The Federal share may be in the 

8 form of grants or reimbursements of project 

9 costs. 

10 (B) CREDIT FOR WORK.—The non-Federal 

11 interests shall receive credit for the reasonable 

12 cost of design work on a project completed by 

13 the non-Federal interest before entering into a 

14 partnership agreement with the Secretary for 

15 such project. 

16 (C) CREDIT FOR INTEREST.—In case of a 

17 delay in the funding of the non-Federal share 

18 of a project that is the subject of an agreement 

19 under this section, the non-Federal interest 

20 shall receive credit for reasonable interest in21 curred in providing the non-Federal share of 

22 the project’s costs. 

23 (D) LAND, EASEMENTS, AND RIGHTS-OF24 WAY CREDIT.—The non-Federal interest shall 

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1 way, and relocations toward the non-Federal 

2 share of project costs (including all reasonable 

3 costs associated with obtaining permits nec4 essary for the construction, operation, and 

5 maintenance of the project on publicly owned or 

6 controlled land), but such credit may not exceed 

7 25 percent of total project costs. 

8 (E) OPERATION AND MAINTENANCE.—The 

9 non-Federal share of operation and mainte10 nance costs for projects constructed with assist11 ance provided under this section shall be 100 

12 percent. 

13 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

14 LAWS.—Nothing in this section waives, limits, or other15 wise affects the applicability of any provision of Federal 

16 or State law that would otherwise apply to a project to 

17 be carried out with assistance provided under this section. 

18 (g) NONPROFIT ENTITIES.—Notwithstanding section 

19 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

20 1962d-5b(b)), for any project undertaken under this sec21 tion, a non-Federal interest may include a nonprofit enti22 ty. 

23 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

24 of the amounts appropriated to carry out this section may 


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1 be used by the Corps of Engineers district offices to ad2 minister projects under this section at Federal expense. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $40,000,000. Such sums shall remain available until ex6 pended. 

7 SEC. 5121. DALLAS FLOODWAY, DALLAS TEXAS. 

8 (a) IN GENERAL.—The project for flood control, 

9 Trinity River and tributaries, Texas, authorized by section 

10 2 of the Act entitled, ‘‘An Act authorizing the construc11 tion, repair, and preservation of certain public works on 

12 rivers and harbors, and for other purposes’’, approved 

13 March 2, 1945 (59 Stat. 18), is modified to— 

14 (1) direct the Secretary to review the Balanced 

15 Vision Plan for the Trinity River Corridor, Dallas, 

16 Texas, dated December 2003 and amended in March 

17 2004, prepared by the non-Federal interest for the 

18 project; 

19 (2) direct the Secretary to review the Interior 

20 Levee Drainage Study Phase-I report, Dallas, 

21 Texas, dated September 2006, prepared by the non22 Federal interest; and 

23 (3) if the Secretary determines that the project 

24 is technically sound and environmentally acceptable, 

25 authorize the Secretary to construct the project at a 


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1 total cost of $459,000,000, with an estimated Fed2 eral cost of $298,000,000 and an estimated non3 Federal cost of $161,000,000. 

4 (b) CREDIT.— 

5 (1) IN-KIND CONTRIBUTIONS.—The Secretary 

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

7 of the project the cost of planning, design, and con8 struction work carried out by the non-Federal inter9 est before the date of the partnership agreement for 

10 the project if the Secretary determines that the work 

11 is integral to the project. 

12 (2) CASH CONTRIBUTIONS.—The Secretary 

13 shall accept funds provided by the non-Federal inter14 est for use in carrying out planning, engineering, 

15 and design for the project. The Federal share of 

16 such planning, engineering, and design carried out 

17 with non-Federal contributions shall be credited 

18 against the non-Federal share of the cost of the 

19 project. 

20 SEC. 5122. HARRIS COUNTY, TEXAS. 

21 (a) IN GENERAL.—Section 575(a) of the Water Re22 sources Development Act of 1996 (110 Stat. 3789; 113 

23 Stat. 311) is amended by inserting before the period at 

24 the end the following: ‘‘, whether or not such works or 

25 actions are partially funded under the hazard mitigation 


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1 grant program of the Federal Emergency Management 

2 Agency’’. 

3 (b) SPECIFIC PROJECTS.—Section 575(b) of such 

4 Act (110 Stat. 3789; 113 Stat. 311) is amended— 

5 (1) in paragraph (3) by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (4) by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding the following: 

10 ‘‘(5) the project for flood control, Upper White 

11 Oak Bayou, Texas, authorized by section 401(a) of 

12 the Water Resources Development Act of 1986 (100 

13 Stat. 4125).’’. 

14 SEC. 5123. JOHNSON CREEK, ARLINGTON, TEXAS. 

15 (a) IN GENERAL.—The project for flood damage re16 duction, environmental restoration, and recreation, John17 son Creek, Arlington, Texas, authorized by section 

18 101(b)(14) of the Water Resources Development Act of 

19 1999 (113 Stat 280), is modified to authorize the Sec20 retary to construct the project substantially in accordance 

21 with the report entitled ‘‘Johnson Creek: A Vision of Con22 servation’’, dated March 30, 2006, at a total cost of 

23 $80,000,000, with an estimated Federal cost of 

24 $52,000,000 and an estimated non-Federal cost of 


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1 $28,000,000, if the Secretary determines that the project 

2 is feasible. 

3 (b) NON-FEDERAL SHARE.— 

4 (1) IN GENERAL.—The non-Federal share of 

5 the cost of the project may be provided in cash or 

6 in the form of in-kind services or materials. 

7 (2) CREDIT.—The Secretary shall credit toward 

8 the non-Federal share of the cost of the project the 

9 cost of planning, design, and construction work car10 ried out by the non-Federal interest for implementa11 tion of the project, if the Secretary determines that 

12 the work is integral to the project. 

13 (c) SPECIAL RULE.—In evaluating and implementing 

14 the project, the Secretary shall allow the non-Federal in15 terest to participate in the financing of the project in ac16 cordance with section 903(c) of the Water Resources De17 velopment Act of 1986 (100 Stat. 4184). 

18 (d) CONFORMING AMENDMENT.—Section 134 of the 

19 Energy and Water Development Appropriations Act, 2006 

20 (119 Stat. 2263) is repealed. 

21 SEC. 5124. ONION CREEK, TEXAS. 

22 In carrying out the study for the project for flood 

23 damage reduction, recreation, and ecosystem restoration, 

24 Onion Creek, Texas, the Secretary shall include the costs 

25 and benefits associated with the relocation of flood-prone 


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1 residences in the study area for the project in the period 

2 beginning 2 years before the date of initiation of the study 

3 and ending on the date of execution of the partnership 

4 agreement for construction of the project to the extent the 

5 Secretary determines such relocations are compatible with 

6 the project. The Secretary shall credit toward the non7 Federal share of the cost of the project the cost of reloca8 tion of such flood-prone residences incurred by the non9 Federal interest before the date of the partnership agree10 ment for the project if the Secretary determines that the 

11 relocation of such residences is integral to the project. 

12 SEC. 5125. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

13 Section 219(f)(10) of the Water Resources Develop14 ment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is 

15 amended— 

16 (1) by striking ‘‘$20,000,000 for water supply 

17 and wastewater infrastructure’’ and inserting the 

18 following: 

19 ‘‘(A) IN GENERAL.—$20,000,000 for water 

20 supply, wastewater infrastructure, and environ21 mental restoration’’; 

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

23 ‘‘(B) CREDIT.—The Secretary shall credit 

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

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1 Federal interest before the date of the partner2 ship agreement for the project if the Secretary 

3 determines that the work is integral to the 

4 project.’’; and 

5 (3) by aligning the remainder of the text of 

6 subparagraph (A) (as designated by paragraph (1) 

7 of this section) with subparagraph (B) (as added by 

8 paragraph (2) of this section). 

9 SEC. 5126. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 

10 The Secretary shall accept funds from the National 

11 Park Service to restore Dyke Marsh, Fairfax County, Vir12 ginia. 

13 SEC. 5127. BAKER BAY AND ILWACO HARBOR, WASH14 INGTON. 

15 The Secretary shall conduct a study of increased sil16 tation in Baker Bay and Ilwaco Harbor, Washington, to 

17 determine if the siltation is the result of a Federal naviga18 tion project (including diverted flows from the Columbia 

19 River) and, if the Secretary determines that the siltation 

20 is the result of a Federal navigation project, the Secretary 

21 shall carry out a project to mitigate the siltation as part 

22 of maintenance of the Federal navigation project. 


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1 SEC. 5128. HAMILTON ISLAND CAMPGROUND, WASH2 INGTON. 

3 The Secretary is authorized to plan, design, and con4 struct a campground for Bonneville Lock and Dam at 

5 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

6 Skamania County, Washington. 

7 SEC. 5129. PUGET ISLAND, WASHINGTON. 

8 The Secretary is directed to place dredged and other 

9 suitable material along portions of the Columbia River 

10 shoreline of Puget Island, Washington, between river miles 

11 38 to 47 in order to protect economic and environmental 

12 resources in the area from further erosion, at a Federal 

13 cost of $1,000,000. This action shall be coordinated with 

14 appropriate resource agencies and comply with applicable 

15 Federal laws. 

16 SEC. 5130. WILLAPA BAY, WASHINGTON. 

17 Section 545 of the Water Resources Development Act 

18 of 2000 (114 Stat. 2675) is amended— 

19 (1) in subsection (b)(1) by striking ‘‘may con20 struct’’ and inserting ‘‘shall construct’’; and 

21 (2) by inserting ‘‘and ecosystem restoration’’ 

22 after ‘‘erosion protection’’ each place it appears. 

23 SEC. 5131. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

24 CONTROL. 

25 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR26 GINIA.—Section 581(a)(1) of the Water Resources DevelVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 

2 amended— 

3 (1) by striking ‘‘flood control measures’’ and in4 serting ‘‘structural and nonstructural flood control, 

5 streambank protection, stormwater management, 

6 and channel clearing and modification measures’’; 

7 and 

8 (2) by inserting ‘‘with respect to measures that 

9 incorporate levees or floodwalls’’ before the semi10 colon. 

11 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

12 Water Resources Development Act of 1996 (110 Stat. 

13 3791) is amended— 

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

15 (5); 

16 (2) by striking the period at the end of para17 graph (6) and inserting a semicolon; and 

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

19 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa20 tershed; and 

21 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

22 River basin.’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 581(c) of the Water Resources Development Act of 1996 


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1 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 

2 and inserting ‘‘$90,000,000’’. 

3 SEC. 5132. CENTRAL WEST VIRGINIA. 

4 Section 571 of the Water Resources Development Act 

5 of 1999 (113 Stat. 371) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘Nicholas,’’; and 

8 (B) by striking ‘‘Gilmer,’’; 

9 (2) in subsection (h) by striking ‘‘$10,000,000’’ 

10 and inserting ‘‘$20,000,000’’; and 

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

12 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

14 1962d–5b(b)), a non-Federal interest may include for any 

15 project undertaken under this section a nonprofit entity 

16 with the consent of the affected local government. 

17 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

18 of the amounts appropriated to carry out this section may 

19 be used by the Corps of Engineers district offices to ad20 minister projects under this section at Federal expense.’’. 

21 SEC. 5133. SOUTHERN WEST VIRGINIA. 

22 (a) CORPS OF ENGINEERS.—Section 340 of the 

23 Water Resources Development Act of 1992 (106 Stat. 

24 4856; 113 Stat. 320) is amended by adding at the end 

25 the following: 


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1 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

2 amounts appropriated to carry out this section may be 

3 used by the Corps of Engineers district offices to admin4 ister projects under this section at Federal expense.’’. 

5 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

6 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 

7 after ‘‘Greenbrier,’’. 

8 (c) NONPROFIT ENTITIES.—Section 340 of the 

9 Water Resources Development Act of 1992 (106 Stat. 

10 4856) is further amended by adding at the end the fol11 lowing: 

12 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

14 1962d–5b(b)), a non-Federal interest may include for any 

15 project undertaken under this section a nonprofit entity 

16 with the consent of the affected local government.’’. 

17 SEC. 5134. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

18 BY NON-FEDERAL INTERESTS. 

19 Section 211(f) of the Water Resources Development 

20 Act of 1996 (33 U.S.C. 701b–13) is amended by adding 

21 at the end the following: 

22 ‘‘(12) PERRIS, CALIFORNIA.—The project for 

23 flood control, Perris, California. 


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1 ‘‘(13) THORNTON RESERVOIR, COOK COUNTY, 

2 ILLINOIS.—An element of the project for flood con3 trol, Chicagoland Underflow Plan, Illinois. 

4 ‘‘(14) LAROSE TO GOLDEN MEADOW, LOU5 ISIANA.—The project for flood control, Larose to 

6 Golden Meadow, Louisiana. 

7 ‘‘(15) BUFFALO BAYOU, TEXAS.—A project for 

8 flood control, Buffalo Bayou, Texas, to provide an 

9 alternative to the project authorized by the first sec10 tion of the River and Harbor Act of June 20, 1938 

11 (52 Stat. 804) and modified by section 3a of the 

12 Flood Control Act of August 11, 1939 (53 Stat. 

13 1414). 

14 ‘‘(16) HALLS BAYOU, TEXAS.—A project for 

15 flood control, Halls Bayou, Texas, to provide an al16 ternative to the project for flood control, Buffalo 

17 Bayou and tributaries, Texas, authorized by section 

18 101(a)(21) of the Water Resources Development Act 

19 of 1990 (104 Stat. 4610).’’. 

20 SEC. 5135. WAGE SURVEYS. 

21 Employees of the United States Army Corps of Engi22 neers who are paid wages determined under the last un23 designated paragraph under the heading ‘‘Administrative 

24 Provisions’’ of chapter V of the Supplemental Appropria25 tions Act, 1982 (5 U.S.C. 5343 note; 96 Stat. 832) shall 


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1 be allowed, through appropriate employee organization 

2 representatives, to participate in wage surveys under such 

3 paragraph to the same extent as are prevailing rate em4 ployees under subsection (c)(2) of section 5343 of title 5, 

5 United States Code. Nothing in such section 5343 shall 

6 be considered to affect which agencies are to be surveyed 

7 under such paragraph. 

8 SEC. 5136. ADDITIONAL ASSISTANCE FOR CRITICAL 

9 PROJECTS. 

10 Section 219(f) of the Water Resources Development 

11 Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 

12 Stat. 2763A–220–221) is amended— 

13 (1) by striking the undesignated paragraph re14 lating to Charleston, South Carolina, and inserting 

15 the following: 

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

17 $10,000,000 for wastewater infrastructure, including 

18 wastewater collection systems, and stormwater sys19 tem improvements, Charleston, South Carolina.’’; 

20 (2) by redesignating the paragraph (71) relat21 ing to Placer and El Dorado Counties, California, as 

22 paragraph (73); 

23 (3) by redesignating the paragraph (72) relat24 ing to Lassen, Plumas, Butte, Sierra, and Nevada 

25 Counties, California, as paragraph (74); 


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1 (4) by striking the paragraph (71) relating to 

2 Indianapolis, Indiana, and inserting the following: 

3 ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000 for 

4 environmental infrastructure for Indianapolis, Indi5 ana.’’; 

6 (5) by redesignating the paragraph (73) relat7 ing to St. Croix Falls, Wisconsin, as paragraph (76); 

8 and 

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

10 ‘‘(77) ST. CLAIR COUNTY, ALABAMA.— 

11 $5,000,000 for water related infrastructure, St. 

12 Clair County, Alabama. 

13 ‘‘(78) CRAWFORD COUNTY, ARKANSAS.— 

14 $35,000,000 for water supply infrastructure, 

15 Crawford County, Arkansas. 

16 ‘‘(79) ALAMEDA AND CONTRA COSTA COUNTIES, 

17 CALIFORNIA.—$25,000,000 for recycled water treat18 ment facilities within the East Bay Municipal Utility 

19 District service area, Alameda and Contra Costa 

20 Counties, California. 

21 ‘‘(80) ARCADIA, SIERRA MADRE, AND UPLAND, 

22 CALIFORNIA.—$33,000,000 for water and waste23 water infrastructure, Arcadia, Sierra Madre, and 

24 Upland, California, including $13,000,000 for 

25 stormwater infrastructure for Upland, California. 


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1 ‘‘(81) BIG BEAR AREA REGIONAL WASTEWATER

2 AGENCY, CALIFORNIA.—$15,000,000 for water rec3 lamation and distribution, Big Bear Area Regional 

4 Wastewater Agency, California. 

5 ‘‘(82) BRAWLEY COLONIA, IMPERIAL COUNTY, 

6 CALIFORNIA.—$1,400,000 for water infrastructure 

7 to improve water quality in the Brawley Colonia 

8 Water District, Imperial County, California. 

9 ‘‘(83) CONTRA COSTA WATER DISTRICT, CALI10 FORNIA.—$23,000,000 for water and wastewater in11 frastructure for the Contra Costa Water District, 

12 California. 

13 ‘‘(84) EAST BAY, SAN FRANCISCO, AND SANTA

14 CLARA AREAS, CALIFORNIA.—$4,000,000 for a de15 salination project to serve the East Bay, San Fran16 cisco, and Santa Clara areas, California. 

17 ‘‘(85) IMPERIAL COUNTY, CALIFORNIA.— 

18 $10,000,000 for wastewater infrastructure, including 

19 a wastewater disinfection facility and polishing sys20 tem, to improve water quality in the vicinity of 

21 Calexico, California, on the southern New River, Im22 perial County, California. 

23 ‘‘(86) LOS ANGELES COUNTY, CALIFORNIA.— 

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1 structure, Diamond Bar, La Habra Heights, and 

2 Rowland Heights, Los Angeles County, California. 

3 ‘‘(87) NEW RIVER, CALIFORNIA.—$10,000,000 

4 for wastewater infrastructure to improve water qual5 ity in the New River, California. 

6 ‘‘(88) ORANGE COUNTY, CALIFORNIA.— 

7 $15,000,000 for wastewater and water related infra8 structure, Anaheim, Brea, La Habra, Mission Viejo, 

9 Rancho Santa Margarita, and Yorba Linda, Orange 

10 County, California. 

11 ‘‘(89) SAN BERNARDINO COUNTY, CALI12 FORNIA.—$9,000,000 for wastewater and water re13 lated infrastructure, Chino and Chino Hills, San 

14 Bernardino County, California. 

15 ‘‘(90) SANTA CLARA COUNTY, CALIFORNIA.— 

16 $5,500,000 for an advanced recycling water treat17 ment plant in Santa Clara County, California. 

18 ‘‘(91) SOUTHERN LOS ANGELES COUNTY, CALI19 FORNIA.—$15,000,000 for environmental infrastruc20 ture for the groundwater basin optimization pipeline, 

21 Southern Los Angeles County, California. 

22 ‘‘(92) STOCKTON, CALIFORNIA.—$33,000,000 

23 for water treatment and distribution infrastructure, 

24 Stockton, California. 


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1 ‘‘(93) SWEETWATER RESERVOIR, SAN DIEGO

2 COUNTY, CALIFORNIA.—$375,000 to improve water 

3 quality, and remove nonnative aquatic species from 

4 the Sweetwater Reservoir, San Diego County, Cali5 fornia. 

6 ‘‘(94) WHITTIER, CALIFORNIA.—$8,000,000 for 

7 water, wastewater, and water related infrastructure, 

8 Whittier, California. 

9 ‘‘(95) MONTEZUMA AND LA PLATA COUNTIES, 

10 COLORADO.—$1,000,000 for water and wastewater 

11 related infrastructure for the Ute Mountain project, 

12 Montezuma and La Plata Counties, Colorado. 

13 ‘‘(96) OTERO, BENT, CROWLEY, KIOWA, AND

14 PROWERS COUNTIES, COLORADO.—$35,000,000 for 

15 water transmission infrastructure, Otero, Bent, 

16 Crowley, Kiowa, and Prowers Counties, Colorado. 

17 ‘‘(97) PUEBLO AND OTERO COUNTIES, COLO18 RADO.—$34,000,000 for water transmission infra19 structure, Pueblo and Otero Counties, Colorado. 

20 ‘‘(98) LEDYARD AND MONTVILLE, CON21 NECTICUT.—$7,113,000 for water infrastructure, 

22 Ledyard and Montville, Connecticut. 

23 ‘‘(99) ANACOSTIA RIVER, DISTRICT OF COLUM24 BIA AND MARYLAND.—$20,000,000 for environ25 mental infrastructure and resource protection and 


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1 development to enhance water quality and living re2 sources in the Anacostia River watershed, District of 

3 Columbia and Maryland. 

4 ‘‘(100) WASHINGTON, DISTRICT OF COLUM5 BIA.—$35,000,000 for implementation of a com6 bined sewer overflow long-term control plan, Wash7 ington, District of Columbia. 

8 ‘‘(101) CHARLOTTE COUNTY, FLORIDA.— 

9 $3,000,000 for water supply infrastructure, Char10 lotte County, Florida. 

11 ‘‘(102) CHARLOTTE, LEE, AND COLLIER COUN12 TIES, FLORIDA.—$20,000,000 for water supply 

13 interconnectivity infrastructure, Charlotte, Lee, and 

14 Collier Counties, Florida. 

15 ‘‘(103) COLLIER COUNTY, FLORIDA.— 

16 $5,000,000 for water infrastructure to improve 

17 water quality in the vicinity of the Gordon River, 

18 Collier County, Florida. 

19 ‘‘(104) JACKSONVILLE, FLORIDA.—$25,000,000 

20 for wastewater related infrastructure, including sep21 tic tank replacements, Jacksonville, Florida. 

22 ‘‘(105) SARASOTA COUNTY, FLORIDA.— 

23 $10,000,000 for water and wastewater infrastruc24 ture in Sarasota County, Florida. 


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1 ‘‘(106) SOUTH SEMINOLE AND NORTH ORANGE

2 COUNTY, FLORIDA.—$30,000,000 for wastewater in3 frastructure for the South Seminole and North Or4 ange Wastewater Transmission Authority, Florida. 

5 ‘‘(107) FAYETTEVILLE, GRANTVILLE, LA6 GRANGE, PINE MOUNTAIN (HARRIS COUNTY), 

7 DOUGLASVILLE, AND CARROLLTON, GEORGIA.— 

8 $24,500,000 for water and wastewater infrastruc9 ture, Fayetteville, Grantville, LaGrange, Pine Moun10 tain (Harris County), Douglasville, and Carrollton, 

11 Georgia. 

12 ‘‘(108) MERIWETHER AND SPALDING COUN13 TIES, GEORGIA.—$7,000,000 for water and waste14 water infrastructure, Meriwether and Spalding 

15 Counties, Georgia. 

16 ‘‘(109) NORTH VERNON AND BUTLERVILLE, IN17 DIANA.—$1,700,000 for wastewater infrastructure, 

18 North Vernon and Butlerville, Indiana. 

19 ‘‘(110) SALEM, WASHINGTON COUNTY, INDI20 ANA.—$3,200,000 for water supply infrastructure, 

21 Salem, Washington County, Indiana. 

22 ‘‘(111) CENTRAL KENTUCKY.—$10,000,000 for 

23 water related infrastructure and resource protection 

24 and development, Scott, Franklin, Woodford, Ander25 son, Fayette, Mercer, Jessamine, Boyle, Lincoln, 


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1 Garrard, Madison, Estill, Powell, Clark, Mont2 gomery, and Bourbon Counties, Kentucky. 

3 ‘‘(112) PLAQUEMINE, LOUISIANA.—$7,000,000 

4 for sanitary sewer and wastewater infrastructure, 

5 Plaquemine, Louisiana. 

6 ‘‘(113) SHREVEPORT, LOUISIANA.— 

7 $20,000,000 for water supply infrastructure in 

8 Shreveport, Louisiana. 

9 ‘‘(114) CENTRAL IRON RANGE SANITARY

10 SEWER DISTRICT, MINNESOTA.—$12,000,000 for 

11 wastewater infrastructure for the Central Iron 

12 Range Sanitary Sewer District to serve the cities of 

13 Hibbing, Chisholm, Buhl, and Kinney, and Balkan 

14 and Great Scott Townships, Minnesota. 

15 ‘‘(115) GRAND RAPIDS, MINNESOTA.— 

16 $5,000,000 for wastewater infrastructure, Grand 

17 Rapids, Minnesota. 

18 ‘‘(116) CITY OF BILOXI, CITY OF GULFPORT, 

19 AND HARRISON COUNTY, MISSISSIPPI.—$15,000,000 

20 for water and wastewater related infrastructure, city 

21 of Biloxi, city of Gulfport, and Harrison County, 

22 Mississippi. 

23 ‘‘(117) JACKSON, MISSISSIPPI.—$25,000,000 

24 for water and wastewater infrastructure, Jackson, 

25 Mississippi. 


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1 ‘‘(118) CLARK COUNTY, NEVADA.—$30,000,000 

2 for wastewater infrastructure, Clark County, Ne3 vada. 

4 ‘‘(119) HENDERSON, NEVADA.—$5,000,000 for 

5 wastewater infrastructure, Henderson, Nevada. 

6 ‘‘(120) PATERSON, NEW JERSEY.—$35,000,000 

7 for wastewater infrastructure, Paterson, New Jer8 sey. 

9 ‘‘(121) ELLICOTTVILLE, NEW YORK.— 

10 $2,000,000 for water supply, water, and wastewater 

11 infrastructure in Ellicottville, New York. 

12 ‘‘(122) SENNETT, NEW YORK.—$1,500,000 for 

13 water infrastructure, Town of Sennett, New York. 

14 ‘‘(123) WELLSVILLE, NEW YORK.—$2,000,000 

15 for water supply, water, and wastewater infrastruc16 ture in Wellsville, New York. 

17 ‘‘(124) SPRINGPORT AND FLEMING, NEW

18 YORK.—$10,000,000 for water related infrastruc19 ture, including water mains, pump stations, and 

20 water storage tanks, Springport and Fleming, New 

21 York. 

22 ‘‘(125) CABARRUS COUNTY, NORTH CARO23 LINA.—$4,500,000 for water related infrastructure, 

24 Cabarrus County, North Carolina. 


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1 ‘‘(126) CHARLOTTE, NORTH CAROLINA.— 

2 $11,000,000 for phase II of the Briar Creek waste3 water project, Charlotte, North Carolina. 

4 ‘‘(127) RICHMOND COUNTY, NORTH CARO5 LINA.—$13,500,000 for water related infrastructure, 

6 Richmond County, North Carolina. 

7 ‘‘(128) UNION COUNTY, NORTH CAROLINA.— 

8 $6,000,000 for wastewater infrastructure, Union 

9 County, North Carolina. 

10 ‘‘(129) SAIPAN, NORTHERN MARIANA IS11 LANDS.—$20,000,000 for water related infrastruc12 ture, Saipan, Northern Mariana Islands. 

13 ‘‘(130) LAKE COUNTY, OHIO.—$1,500,000 for 

14 wastewater infrastructure, Lake County, Ohio. 

15 ‘‘(131) MENTOR-ON-LAKE, OHIO.—$625,000 

16 for water and wastewater infrastructure, Mentor-on17 Lake, Ohio. 

18 ‘‘(132) WILLOWICK, OHIO.—$665,000 for water 

19 and wastewater infrastructure, Willowick, Ohio. 

20 ‘‘(133) ALBANY, OREGON.—$35,000,000 for 

21 wastewater infrastructure to improve habitat res22 toration, Albany, Oregon. 

23 ‘‘(134) BOROUGH OF STOCKERTON, BOROUGH

24 OF TATAMY, AND PALMER TOWNSHIP, PENNSYL25 VANIA.—$10,000,000 for stormwater control measVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 ures, particularly to address sinkholes, in the vicinity 

2 of the Borough of Stockerton, the Borough of 

3 Tatamy, and Palmer Township, Pennsylvania. 

4 ‘‘(135) HATFIELD BOROUGH, PENNSYLVANIA.— 

5 $310,000 for wastewater related infrastructure for 

6 Hatfield Borough, Pennsylvania. 

7 ‘‘(136) LEHIGH COUNTY, PENNSYLVANIA.— 

8 $5,000,000 for stormwater control measures and 

9 storm sewer improvements, Lehigh County, Pennsyl10 vania. 

11 ‘‘(137) NORTH WALES BOROUGH, PENNSYL12 VANIA.—$1,516,584 for wastewater related infra13 structure for North Wales Borough, Pennsylvania. 

14 ‘‘(138) PEN ARGYL, PENNSYLVANIA.— 

15 $5,250,000 for wastewater infrastructure, Pen 

16 Argyl, Pennsylvania. 

17 ‘‘(139) PHILADELPHIA, PENNSYLVANIA.— 

18 $1,600,000 for wastewater related infrastructure for 

19 Philadelphia, Pennsylvania. 

20 ‘‘(140) VERA CRUZ, PENNSYLVANIA.— 

21 $5,500,000 for wastewater infrastructure, Vera 

22 Cruz, Pennsylvania. 

23 ‘‘(141) COMMONWEALTH OF PUERTO RICO.— 

24 $35,000,000 for water and wastewater infrastruc25 ture in the Commonwealth of Puerto Rico. 


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1 ‘‘(142) CHARLESTON, SOUTH CAROLINA.— 

2 $1,000,000 for stormwater control measures and 

3 storm sewer improvements, Spring Street/Fishburne 

4 Street drainage project, Charleston, South Carolina. 

5 ‘‘(143) CROOKED CREEK, MARLBORO COUNTY, 

6 SOUTH CAROLINA.—$25,000,000 for a project for 

7 water storage and water supply infrastructure on 

8 Crooked Creek, Marlboro County, South Carolina. 

9 ‘‘(144) MYRTLE BEACH, SOUTH CAROLINA.— 

10 $8,000,000 for environmental infrastructure, includ11 ing ocean outfalls, Myrtle Beach, South Carolina. 

12 ‘‘(145) NORTH MYRTLE BEACH, SOUTH CARO13 LINA.—$8,000,000 for environmental infrastructure, 

14 including ocean outfalls, North Myrtle Beach, South 

15 Carolina. 

16 ‘‘(146) SURFSIDE, SOUTH CAROLINA.— 

17 $8,000,000 for environmental infrastructure, includ18 ing stormwater system improvements and ocean out19 falls, Surfside, South Carolina. 

20 ‘‘(147) ATHENS, TENNESSEE.—$16,000,000 for 

21 wastewater infrastructure, Athens, Tennessee. 

22 ‘‘(148) CENTRAL TEXAS.—$20,000,000 for 

23 water and wastewater infrastructure in Bosque, 

24 Brazos, Burleson, Grimes, Hill, Hood, Johnson, 


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1 Madison, McLennan, Limestone, Robertson, and 

2 Somervell Counties, Texas. 

3 ‘‘(149) EL PASO COUNTY, TEXAS.— 

4 $25,000,000 for water related infrastructure and re5 source protection, including stormwater manage6 ment, and development, El Paso County, Texas. 

7 ‘‘(150) FT. BEND COUNTY, TEXAS.— 

8 $20,000,000 for water and wastewater infrastruc9 ture, Ft. Bend County, Texas. 

10 ‘‘(151) DUCHESNE, IRON, AND UINTAH COUN11 TIES, UTAH.—$10,800,000 for water related infra12 structure, Duchesne, Iron, and Uintah Counties, 

13 Utah. 

14 ‘‘(152) NORTHERN WEST VIRGINIA.— 

15 $20,000,000 for water and wastewater infrastruc16 ture in Hancock, Ohio, Marshall, Wetzel, Tyler, 

17 Pleasants, Wood, Doddridge, Monongalia, Marion, 

18 Harrison, Taylor, Barbour, Preston, Tucker, Min19 eral, Grant, Gilmer, Brooke, Ritchie Counties, West 

20 Virginia. 

21 ‘‘(153) UNITED STATES VIRGIN ISLANDS.— 

22 $25,000,000 for wastewater infrastructure for the 

23 St. Croix Anguilla wastewater treatment plant and 

24 the St. Thomas Charlotte Amalie wastewater treat25 ment plant, United States Virgin Islands. 


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1 ‘‘(154) CHEYENNE RIVER SIOUX RESERVATION

2 (DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND

3 MEADE COUNTIES, SOUTH DAKOTA.—$25,000,000 

4 for water supply infrastructure for the Cheyenne 

5 River Sioux Reservation in Dewey and Ziebach 

6 Counties, and for communities in Perkins and 

7 Meade Counties, South Dakota.’’. 

8 TITLE VI—FLORIDA 

9 EVERGLADES 

10 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR11 IDA. 

12 (a) MODIFICATION.—The project for Hillsboro and 

13 Okeechobee Aquifer, Florida, authorized by section 

14 101(a)(16) of the Water Resources Development Act of 

15 1999 (113 Stat. 276), is modified to authorize the Sec16 retary to carry out the project at a total cost of 

17 $42,500,000. 

18 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 

19 Resources Development Act of 2000 (114 Stat. 2681) is 

20 amended— 

21 (1) in clause (i) by adding at the end the fol22 lowing: ‘‘The project for aquifer storage and recov23 ery, Hillsboro and Okeechobee Aquifer, Florida, au24 thorized by section 101(a)(16) of the Water Re25 sources Development Act of 1999 (113 Stat. 276), 


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1 shall be treated for purposes of this section as being 

2 in the Plan, except that operation and maintenance 

3 costs of the project shall remain a non-Federal re4 sponsibility.’’; and 

5 (2) in clause (iii) by inserting after ‘‘subpara6 graph (B)’’ the following: ‘‘and the project for aqui7 fer storage and recovery, Hillsboro and Okeechobee 

8 Aquifer’’. 

9 SEC. 6002. PILOT PROJECTS. 

10 Section 601(b)(2)(B) of the Water Resources Devel11 opment Act of 2000 (114 Stat. 2681) is amended— 

12 (1) in the matter preceding clause (i)— 

13 (A) by striking ‘‘$69,000,000’’ and insert14 ing ‘‘$71,200,000’’; and 

15 (B) by striking ‘‘$34,500,000’’ each place 

16 it appears and inserting ‘‘$35,600,000’’; and 

17 (2) in clause (i)— 

18 (A) by striking ‘‘$6,000,000’’ and inserting 

19 ‘‘$8,200,000’’; and 

20 (B) by striking ‘‘$3,000,000’’ each place it 

21 appears and inserting ‘‘$4,100,000’’. 

22 SEC. 6003. INITIAL PROJECTS. 

23 Section 601(b)(2)(C) of the Water Resources Devel24 opment Act of 2000 (114 Stat. 2682) is amended— 


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1 (1) in the matter preceding clause (i) by strik2 ing ‘‘at a total cost of $1,100,918,000’’ and all that 

3 follows before the colon; 

4 (2) in clause (iv)— 

5 (A) by striking ‘‘$100,335,000’’ and in6 serting ‘‘$162,630,000’’; and 

7 (B) by striking ‘‘$50,167,500’’ each place 

8 it appears and inserting ‘‘$81,315,000’’; 

9 (3) in clause (v)— 

10 (A) by striking ‘‘$124,837,000’’ and in11 serting ‘‘$385,010,000’’; and 

12 (B) by striking ‘‘$62,418,500’’ each place 

13 it appears and inserting ‘‘$192,505,000’’; and 

14 (4) in clause (vi)— 

15 (A) by striking ‘‘$89,146,000’’ and insert16 ing ‘‘$199,340,000’’; and 

17 (B) by striking ‘‘$44,573,000’’ each place 

18 it appears and inserting ‘‘$99,670,000’’. 

19 SEC. 6004. MAXIMUM COSTS. 

20 (a) MAXIMUM COST OF PROJECTS.—Section 

21 601(b)(2)(E) of the Water Resources Development Act of 

22 2000 (114 Stat. 2683) is amended by inserting ‘‘and sec23 tion (d)’’ before the period at the end. 


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1 (b) MAXIMUM COST OF PROGRAM AUTHORITY.—Sec2 tion 601(c)(3) of such Act (114 Stat. 2684) is amended 

3 by adding at the end the following: 

4 ‘‘(C) MAXIMUM COST OF PROGRAM AU5 THORITY.—Section 902 of the Water Resources 

6 Development Act of 1986 (33 U.S.C. 2280) 

7 shall apply to the individual project funding 

8 limits in subparagraph (A) and the aggregate 

9 cost limits in subparagraph (B).’’. 

10 SEC. 6005. PROJECT AUTHORIZATION. 

11 Section 601(d) of the Water Resources Development 

12 Act of 2000 (114 Stat. 2684) is amended by adding at 

13 the end the following: 

14 ‘‘(3) PROJECT AUTHORIZATION.—The following 

15 project for water resources development and con16 servation and other purposes is authorized to be car17 ried out by the Secretary substantially in accordance 

18 with the plans, and subject to the conditions, de19 scribed in the report designated in this paragraph: 

20 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR21 IDA.—The project for ecosystem restoration, 

22 water supply, flood damage reduction, and pro23 tection of water quality, Indian River Lagoon 

24 South, Florida: Report of the Chief of Engi25 neers dated August 6, 2004, at a total cost of 


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1 $1,365,000,000, with an estimated Federal cost 

2 of $682,500,000 and an estimated non-Federal 

3 cost of $682,500,000. 

4 ‘‘(B) PICAYUNE STRAND, FLORIDA.—The 

5 project for environmental restoration, Picayune 

6 Strand, Florida: Report of the Chief of Engi7 neers dated September 15, 2005, at a total cost 

8 of $375,330,000, with an estimated Federal 

9 cost of $187,665,000 and an estimated non10 Federal cost of $187,665,000. 

11 ‘‘(C) SITE 1 IMPOUNDMENT, FLORIDA.— 

12 The project for environmental restoration, Site 

13 1 Impoundment, Florida: Report of the Chief of 

14 Engineers dated December 19, 2006, at a total 

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

16 cost of $40,420,000 and an estimated non-Fed17 eral cost of $40,420,000.’’. 

18 SEC. 6006. CREDIT. 

19 Section 601(e)(5)(B) of the Water Resources Devel20 opment Act of 2000 (114 Stat. 2685) is amended— 

21 (1) in clause (i)— 

22 (A) by striking ‘‘or’’ at the end of sub23 clause (I); 

24 (B) by adding ‘‘or’’ at the end of subclause 

25 (II); and 


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

2 ‘‘(III) the credit is provided for work 

3 carried out before the date of the partner4 ship agreement between the Secretary and 

5 the non-Federal sponsor, as defined in an 

6 agreement between the Secretary and the 

7 non-Federal sponsor providing for such 

8 credit;’’; and 

9 (2) in clause (ii)— 

10 (A) by striking ‘‘design agreement or the 

11 project cooperation’’; and 

12 (B) by inserting before the semicolon the 

13 following: ‘‘, including in the case of credit pro14 vided under clause (i)(III) conditions relating to 

15 design and construction’’. 

16 SEC. 6007. OUTREACH AND ASSISTANCE. 

17 Section 601(k) of the Water Resources Development 

18 Act of 2000 (114 Stat. 2691) is amended by adding at 

19 the end the following: 

20 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec21 retary may expend up to $3,000,000 per fiscal year 

22 for fiscal years beginning after September 30, 2004, 

23 to carry out this subsection.’’. 


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1 SEC. 6008. CRITICAL RESTORATION PROJECTS. 

2 Section 528(b)(3)(C) of the Water Resources Devel3 opment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is 

4 amended— 

5 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

6 all that follows through ‘‘2003’’ and inserting 

7 ‘‘$95,000,000’’; and 

8 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

9 inserting ‘‘$30,000,000’’. 

10 SEC. 6009. MODIFIED WATER DELIVERIES. 

11 (a) IN GENERAL.—The project, Modified Water De12 liveries to Everglades National Park, authorized by section 

13 104 of the Everglades National Park Protection and Ex14 pansion Act of 1989 (16 U.S.C. 410r-8), as described in 

15 the General Design Memorandum and Environmental Im16 pact Statement for Modified Water Deliveries to Ever17 glades National Park, June 1992, is modified to authorize 

18 the Secretary to construct the project substantially in ac19 cordance with the Revised General Reevaluation Report/ 

20 Second Supplemental Environmental Impact Statement 

21 for the Tamiami Trail Modifications, Modified Water De22 liveries to Everglades National Park, August 2005, at a 

23 total cost of $144,131,000. 

24 (b) USE OF FUNDS.—Funds made available under 

25 section 102(f) of the Everglades National Park Protection 

26 and Expansion Act of 1989 (16 U.S.C. 410r–6), may be 


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1 used to carry out the project modification under sub2 section (a). 

3 (c) SOURCE AND ALLOCATION OF FUNDS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), Federal costs incurred for construction of 

6 the project modification under subsection (a) on or 

7 after October 1, 2004, shall be shared equally be8 tween the Secretary and the Secretary of the Inte9 rior. 

10 (2) ACCEPTANCE AND USE OF FUNDS.—The 

11 Secretary may accept and expend funds, without 

12 further appropriation, provided from another Fed13 eral agency or from non-Federal interests for con14 struction of the project modification under sub15 section (a) or for carrying out such other work that 

16 the Secretary determines to be appropriate and con17 sistent with authorized purposes of the modified 

18 project. 

19 SEC. 6010. DEAUTHORIZATIONS. 

20 The following projects are not authorized after the 

21 date of enactment of this Act: 

22 (1) The uncompleted portions of the project for 

23 the C–44 Basin Storage Reservoir of the Com24 prehensive Everglades Restoration Plan, authorized 

25 by section 601(b)(2)(C)(i) of the Water Resources 


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1 Development Act of 2000 (114 Stat. 2682), at a 

2 total cost of $147,800,000, with an estimated Fed3 eral cost of $73,900,000 and an estimated non-Fed4 eral cost of $73,900,000. 

5 (2) The uncompleted portions of the Martin 

6 County, Florida, modifications to the project for 

7 Central and Southern Florida, authorized by section 

8 203 of the Flood Control Act of 1968 (82 Stat. 

9 740), at a total cost of $15,471,000, with an esti10 mated Federal cost of $8,073,000 and an estimated 

11 non-Federal cost of $7,398,000. 

12 (3) The uncompleted portions of the East Coast 

13 Backpumping, St. Lucie–Martin County, Spillway 

14 Structure S–311 modifications to the project for 

15 Central and Southern Florida, authorized by section 

16 203 of the Flood Control Act of 1968 (82 Stat. 

17 740), at a total cost of $77,118,000, with an esti18 mated Federal cost of $55,124,000 and an esti19 mated non-Federal cost of $21,994,000. 

20 SEC. 6011. REGIONAL ENGINEERING MODEL FOR ENVIRON21 MENTAL RESTORATION. 

22 (a) IN GENERAL.—The Secretary shall complete the 

23 development and testing of the regional engineering model 

24 for environmental restoration as expeditiously as prac25 ticable. 


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1 (b) USAGE.—The Secretary shall consider using, as 

2 appropriate, the regional engineering model for environ3 mental restoration in the development of future water re4 source projects, including projects developed pursuant to 

5 section 601 of the Water Resources Development Act of 

6 2000 (114 Stat. 2680). 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $10,000,000 to carry out 

9 subsection (a). 

10 TITLE VII—LOUISIANA COASTAL 

11 AREA 

12 SEC. 7001. DEFINITIONS. 

13 In this title, the following definitions apply: 

14 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

15 term ‘‘coastal Louisiana ecosystem’’ means the 

16 coastal area of Louisiana from the Sabine River on 

17 the west to the Pearl River on the east, including 

18 those parts of the Deltaic Plain and the Chenier 

19 Plain included within the study area of the Plan. 

20 (2) GOVERNOR.—The term ‘‘Governor’’ means 

21 the Governor of the State of Louisiana. 

22 (3) PLAN.—The term ‘‘Plan’’ means the report 

23 of the Chief of Engineers for ecosystem restoration 

24 for the Louisiana Coastal Area dated January 31, 

25 2005. 


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1 (4) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Coastal Louisiana Ecosystem Protection 

3 and Restoration Task Force established by section 

4 7003. 

5 SEC. 7002. COMPREHENSIVE PLAN. 

6 (a) IN GENERAL.—The Secretary, in coordination 

7 with the Governor, shall develop a comprehensive plan for 

8 protecting, preserving, and restoring the coastal Louisiana 

9 ecosystem. 

10 (b) INTEGRATION OF PLAN INTO COMPREHENSIVE

11 HURRICANE PROTECTION STUDY.—In developing the 

12 comprehensive plan, the Secretary shall integrate the plan 

13 into the analysis and design of the comprehensive hurri14 cane protection study authorized by title I of the Energy 

15 and Water Development Appropriations Act, 2006 (Public 

16 Law 109–103; 119 Stat. 2247). 

17 (c) CONSISTENCY WITH COMPREHENSIVE COASTAL

18 PROTECTION MASTER PLAN.—In developing the com19 prehensive plan, the Secretary shall ensure that the plan 

20 is consistent with the goals, analysis, and design of the 

21 comprehensive coastal protection master plan authorized 

22 and defined pursuant to Act 8 of the First Extraordinary 

23 Session of the Louisiana State Legislature, 2005, includ24 ing— 


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1 (1) investigation and study of the maximum ef2 fective use of the water and sediment of the Mis3 sissippi and Atchafalaya Rivers for coastal restora4 tion purposes consistent with flood control and navi5 gation; 

6 (2) a schedule for the design and implementa7 tion of large-scale water and sediment reintroduction 

8 projects and an assessment of funding needs from 

9 any source; and 

10 (3) an investigation and assessment of alter11 ations in the operation of the Old River Control 

12 Structure, consistent with flood control and naviga13 tion purposes. 

14 (d) INCLUSIONS.—The comprehensive plan shall in15 clude a description of— 

16 (1) the framework of a long-term program inte17 grated with hurricane and storm damage reduction, 

18 flood damage reduction, and navigation activities 

19 that provide for the comprehensive protection, con20 servation, and restoration of the wetlands, estuaries 

21 (including the Barataria-Terrebonne estuary), bar22 rier islands, shorelines, and related land and fea23 tures of the coastal Louisiana ecosystem, including 

24 protection of critical resources, habitat, and infraVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 structure from the effects of a coastal storm, a hur2 ricane, erosion, or subsidence; 

3 (2) the means by which a new technology, or an 

4 improved technique, can be integrated into the pro5 gram referred to in paragraph (1); 

6 (3) the role of other Federal and State agencies 

7 and programs in carrying out such program; 

8 (4) specific, measurable ecological success cri9 teria by which success of the plan will be measured; 

10 and 

11 (5) proposed projects in order of priority as de12 termined by their respective potential to contribute 

13 to— 

14 (A) creation of coastal wetlands; and 

15 (B) flood protection of communities ranked 

16 by population density and level of protection. 

17 (e) CONSIDERATIONS.—In developing the comprehen18 sive plan, the Secretary shall consider the advisability of 

19 integrating into the program referred to in subsection 

20 (d)(1)— 

21 (1) any related Federal or State project being 

22 carried out on the date on which the plan is devel23 oped; 

24 (2) any activity in the Plan; or 

25 (3) any other project or activity identified in— 


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1 (A) the Mississippi River and Tributaries 

2 program; 

3 (B) the Louisiana Coastal Wetlands Con4 servation Plan; 

5 (C) the Louisiana Coastal Zone Manage6 ment Plan; or 

7 (D) the plan of the State of Louisiana en8 titled ‘‘Integrated Ecosystem Restoration and 

9 Hurricane Protection—Louisiana’s Comprehen10 sive Master Plan for a Sustainable Coast’’. 

11 (f) REPORTS TO CONGRESS.— 

12 (1) INITIAL REPORT.—Not later than 1 year 

13 after the date of enactment of this Act, the Sec14 retary shall submit to Congress a report containing 

15 the comprehensive 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 im19 plementation of the comprehensive plan is complete, 

20 the 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 


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1 Area, Louisiana, substantially in accordance with the re2 port of the Chief of Engineers, dated January 31, 2005. 

3 (b) PRIORITIES.— 

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

5 under subsection (a), the Secretary shall give pri6 ority to— 

7 (A) any portion of the program identified 

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

9 critical restoration feature; 

10 (B) any Mississippi River diversion project 

11 that— 

12 (i) will protect a major population 

13 area of the Pontchartain, Pearl, Breton 

14 Sound, Barataria, or Terrebonne basins; 

15 and 

16 (ii) will produce an environmental 

17 benefit to the coastal Louisiana ecosystem; 

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

19 project that— 

20 (i) will be carried out in conjunction 

21 with a Mississippi River diversion project; 

22 and 

23 (ii) will protect a major population 

24 area; 


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1 (D) any project that will reduce storm 

2 surge and prevent or reduce the risk of loss of 

3 human life and the risk to public safety; and 

4 (E) a project to physically modify the Mis5 sissippi River-Gulf outlet and to restore the 

6 areas affected by the Mississippi River-Gulf 

7 outlet in accordance with the comprehensive 

8 plan to be developed under section 7002(a), 

9 subject to the conditions and recommendations 

10 in a final report of the Chief of Engineers. 

11 SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

12 AND RESTORATION TASK FORCE. 

13 (a) ESTABLISHMENT.—There is established a task 

14 force to be known as the Coastal Louisiana Ecosystem 

15 Protection and Restoration Task Force (in this section re16 ferred to as the ‘‘Task Force’’). 

17 (b) MEMBERSHIP.—The Task Force shall consist of 

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

19 Federal agency, a designee at the level of Assistant Sec20 retary or an equivalent level): 

21 (1) The Secretary. 

22 (2) The Secretary of the Interior. 

23 (3) The Secretary of Commerce. 

24 (4) The Administrator of the Environmental 

25 Protection Agency. 


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1 (5) The Secretary of Agriculture. 

2 (6) The Secretary of Transportation. 

3 (7) The Secretary of Energy. 

4 (8) The Director of the Federal Emergency 

5 Management Agency. 

6 (9) The Commandant of the Coast Guard. 

7 (10) The Coastal Advisor to the Governor. 

8 (11) The Secretary of the Louisiana Depart9 ment of Natural Resources. 

10 (12) A representative of the Governor’s Advi11 sory Commission on Coastal Restoration and Con12 servation. 

13 (c) DUTIES.—The Task Force shall make rec14 ommendations to the Secretary regarding— 

15 (1) policies, strategies, plans, programs, 

16 projects, and activities for addressing conservation, 

17 protection, restoration, and maintenance of the 

18 coastal Louisiana ecosystem; 

19 (2) financial participation by each agency rep20 resented on the Task Force in conserving, pro21 tecting, restoring, and maintaining the coastal Lou22 isiana ecosystem, including recommendations— 

23 (A) that identify funds from current agen24 cy missions and budgets; and 


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1 (B) for coordinating individual agency 

2 budget requests; and 

3 (3) the comprehensive plan to be developed 

4 under section 7002(a). 

5 (d) REPORT.—The Task Force shall submit to Con6 gress a biennial report that summarizes the activities of 

7 the Task Force. 

8 (e) WORKING GROUPS.— 

9 (1) GENERAL AUTHORITY.—The Task Force 

10 may establish such working groups as the Task 

11 Force determines to be necessary to assist the Task 

12 Force in carrying out this section. 

13 (2) HURRICANES KATRINA AND RITA.— 

14 (A) IN GENERAL.—The Task Force may 

15 establish a working group for the purpose of 

16 advising the Task Force of opportunities to in17 tegrate the planning, engineering, design, im18 plementation, and performance of Corps of En19 gineers projects for hurricane and storm dam20 age reduction, flood damage reduction, eco21 system restoration, and navigation in those 

22 areas in Louisiana for which a major disaster 

23 has been declared by the President as a result 

24 of Hurricane Katrina or Rita. 


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1 (B) EXPERTISE; REPRESENTATION.—In 

2 establishing the working group under subpara3 graph (A), the Task Force shall ensure that the 

4 group— 

5 (i) has expertise in coastal estuaries, 

6 diversions, coastal restoration and wetlands 

7 protection, ecosystem restoration, hurri8 cane protection, storm damage reduction 

9 systems, navigation, and ports; and 

10 (ii) represents the State of Louisiana 

11 and local governments in south Louisiana. 

12 (f) COMPENSATION.—Members of the Task Force 

13 and members of a working group established by the Task 

14 Force may not receive compensation for their services as 

15 members of the Task Force or working group, as the case 

16 may be. 

17 (g) TRAVEL EXPENSES.—Travel expenses incurred 

18 by members of the Task Force and members of a working 

19 group established by the Task Force, in the performance 

20 of their service on the Task Force or working group, as 

21 the case may be, shall be paid by the agency or entity 

22 that the member represents. 

23 (h) NONAPPLICABILITY OF FACA.—The Federal Ad24 visory Committee Act (5 U.S.C. App.) shall not apply to 


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1 the Task Force or any working group established by the 

2 Task Force. 

3 SEC. 7005. PROJECT MODIFICATIONS. 

4 (a) REVIEW.—The Secretary, in cooperation with the 

5 non-Federal interest of the project involved, shall review 

6 each Federally-authorized water resources project in the 

7 coastal Louisiana ecosystem being carried out or com8 pleted as of the date of enactment of this Act to determine 

9 whether the project needs to be modified— 

10 (1) under the program authorized by section 

11 7003; or 

12 (2) to contribute to ecosystem restoration under 

13 section 7003. 

14 (b) MODIFICATIONS.—Subject to subsections (c) and 

15 (d), the Secretary may carry out the modifications de16 scribed in subsection (a). 

17 (c) PUBLIC NOTICE AND COMMENT.—Before com18 pleting the report required under subsection (d), the Sec19 retary shall provide an opportunity for public notice and 

20 comment. 

21 (d) REPORT.— 

22 (1) IN GENERAL.—Before modifying an oper23 ation or feature of a project under subsection (b), 

24 the Secretary shall submit to the Committee on 

25 Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Environment 

2 and Public Works of the Senate a report describing 

3 the modification. 

4 (2) INCLUSION.—A report describing a modi5 fication under paragraph (1) shall include such in6 formation relating to the timeline for and cost of the 

7 modification, as the Secretary determines to be rel8 evant. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000. 

12 SEC. 7006. CONSTRUCTION. 

13 (a) SCIENCE AND TECHNOLOGY.— 

14 (1) IN GENERAL.—The Secretary shall carry 

15 out a coastal Louisiana ecosystem program substan16 tially in accordance with the Plan, at a total cost of 

17 $100,000,000. 

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

19 under paragraph (1) shall be— 

20 (A) to identify any uncertainty relating to 

21 the physical, chemical, geological, biological, 

22 and cultural baseline conditions in coastal Lou23 isiana ecosystem; 

24 (B) to improve knowledge of the physical, 

25 chemical, geological, biological, and cultural 


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1 baseline conditions in coastal Louisiana eco2 system; and 

3 (C) to identify and develop technologies, 

4 models, and methods to carry out this sub5 section. 

6 (3) WORKING GROUPS.—The Secretary may es7 tablish such working groups as the Secretary deter8 mines to be necessary to assist the Secretary in car9 rying out this subsection. 

10 (4) CONTRACTS AND COOPERATIVE AGREE11 MENTS.—In carrying out this subsection, the Sec12 retary may enter into a contract or cooperative 

13 agreement with an individual or entity (including a 

14 consortium of academic institutions in Louisiana) 

15 with scientific or engineering expertise in the res16 toration of aquatic and marine ecosystems for coast17 al restoration and enhancement through science and 

18 technology. 

19 (5) APPLICABILITY OF THE FEDERAL ADVISORY

20 COMMITTEE ACT.—A working group established 

21 under this subsection shall not be considered to be 

22 an advisory committee under the Federal Advisory 

23 Committee Act (5 U.S.C. App.). 

24 (b) DEMONSTRATION PROJECTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary may carry out demonstration projects 

3 substantially in accordance with the Plan and within 

4 the coastal Louisiana ecosystem for the purpose of 

5 resolving critical areas of scientific or technological 

6 uncertainty related to the implementation of the 

7 comprehensive plan to be developed under section 

8 7002(a). 

9 (2) MAXIMUM COST.— 

10 (A) TOTAL COST.—The total cost for plan11 ning, design, and construction of all projects 

12 under this subsection shall not exceed 

13 $100,000,000. 

14 (B) INDIVIDUAL PROJECT.—The total cost 

15 of an individual project under this subsection 

16 shall not exceed $25,000,000. 

17 (c) INITIAL PROJECTS.— 

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

19 to carry out the following projects substantially in 

20 accordance with the Plan: 

21 (A) Mississippi River Gulf Outlet environ22 mental restoration at a total cost of 

23 $105,300,000. 

24 (B) Small diversion at Hope Canal at a 

25 total cost of $68,600,000. 


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1 (C) Barataria basin barrier shoreline res2 toration at a total cost of $242,600,000. 

3 (D) Small Bayou Lafourche reintroduction 

4 at a total cost of $133,500,000. 

5 (E) Medium diversion at Myrtle Grove 

6 with dedicated dredging at a total cost of 

7 $278,300,000. 

8 (2) MODIFICATIONS.— 

9 (A) IN GENERAL.—In carrying out each 

10 project under paragraph (1), the Secretary shall 

11 carry out such modifications as may be nec12 essary to the ecosystem restoration features 

13 identified in the Plan to address the impacts of 

14 Hurricanes Katrina and Rita on the areas of 

15 the project. 

16 (B) INTEGRATION.—The Secretary shall 

17 ensure that each modification under subpara18 graph (A) is taken into account in conducting 

19 the study of comprehensive hurricane protection 

20 authorized by title I of the Energy and Water 

21 Development Appropriations Act, 2006 (119 

22 Stat. 2247). 

23 (3) CONSTRUCTION REPORTS.—Before the Sec24 retary may begin construction of any project under 

25 this subsection, the Secretary shall submit a report 


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1 documenting any modifications to the project, in2 cluding cost changes, to the Committee on Transpor3 tation and Infrastructure of the House of Represent4 atives and the Committee on Environment and Pub5 lic Works of the Senate. 

6 (4) APPLICABILITY OF OTHER PROVISIONS.— 

7 Notwithstanding section 902 of the Water Resources 

8 Development Act of 1986 (33 U.S.C. 2280), the cost 

9 of a project described in paragraph (1) and any 

10 modifications to the project shall not exceed 150 

11 percent of the cost of such project set forth in para12 graph (1). 

13 (d) BENEFICIAL USE OF DREDGED MATERIAL.—The 

14 Secretary, substantially in accordance with the Plan, shall 

15 implement in the coastal Louisiana ecosystem a program 

16 for the beneficial use of material dredged from federally 

17 maintained waterways at a total cost of $100,000,000. 

18 (e) ADDITIONAL PROJECTS.— 

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

20 to carry out a project for ecosystem restoration for 

21 the Chenier Plain, Louisiana, and the following 

22 projects referred to in the Plan if the Secretary de23 termines such projects are feasible: 


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1 (A) Land Bridge between Caillou Lake and 

2 the Gulf of Mexico at a total cost of 

3 $56,300,000. 

4 (B) Gulf Shoreline at Point Au Fer Island 

5 at a total cost of $43,400,000. 

6 (C) Modification of Caernarvon Diversion 

7 at a total cost of $20,700,000. 

8 (D) Modification of Davis Pond Diversion 

9 at a total cost of $64,200,000. 

10 (2) REPORTS.—Not later than December 31, 

11 2009, the Secretary shall submit feasibility reports 

12 on the projects described in paragraph (1) to the 

13 Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on 

15 Environment and Public Works of the Senate. 

16 (3) CONSTRUCTION.—No appropriations shall 

17 be made to construct any project under this sub18 section if the report under paragraph (2) has not 

19 been approved by resolutions adopted by the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on En22 vironment and Public Works of the Senate. 

23 SEC. 7007. NON-FEDERAL COST SHARE. 

24 (a) CREDIT.—The Secretary shall credit toward the 

25 non-Federal share of the cost of a study or project under 


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1 this title the cost of work carried out in the coastal Lou2 isiana ecosystem by the non-Federal interest before the 

3 date of the execution of the partnership agreement for the 

4 study or project if the Secretary determines that the work 

5 is integral to the study or project. 

6 (b) SOURCES OF FUNDS.—The non-Federal interest 

7 may use, and the Secretary shall accept, funds provided 

8 under any other Federal program to satisfy, in whole or 

9 in part, the non-Federal share of the construction of any 

10 project carried out under this title if such funds are au11 thorized to be used to carry out such project. 

12 (c) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

13 Any credit provided under this section toward the non14 Federal share of the cost of a study or project under this 

15 title may be applied toward the non-Federal share of the 

16 cost of any other study or project under this title. 

17 (d) PERIODIC MONITORING.— 

18 (1) IN GENERAL.—To ensure that the contribu19 tions of the non-Federal interest equal the non-Fed20 eral share of the cost of a study or project under 

21 this title during each 5-year period beginning after 

22 the date of commencement of the first study or 

23 project under this title, the Secretary shall— 

24 (A) monitor for each study or project 

25 under this title the non-Federal provision of 


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1 cash, in-kind services and materials, and land, 

2 easements, rights-of-way, relocations, and dis3 posal areas; and 

4 (B) manage the requirement of the non5 Federal interest to provide for each such study 

6 or project cash, in-kind services and materials, 

7 and land, easements, rights-of-way, relocations, 

8 and disposal areas. 

9 (2) OTHER MONITORING.—The Secretary shall 

10 conduct monitoring separately for the study phase, 

11 construction phase, preconstruction engineering and 

12 design phase, and planning phase for each project 

13 authorized on or after date of enactment of this Act 

14 for all or any portion of the coastal Louisiana eco15 system. 

16 (e) AUDITS.—Credit for land, easements, rights-of17 way, relocations, and disposal areas (including land value 

18 and incidental costs) provided under this section, and the 

19 cost of work provided under this section, shall be subject 

20 to audit by the Secretary. 

21 SEC. 7008. PROJECT JUSTIFICATION. 

22 (a) IN GENERAL.—Notwithstanding section 209 of 

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

24 other provision of law, in carrying out any project or activ25 ity under this title or any other provision of law to protect, 


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1 conserve, and restore the coastal Louisiana ecosystem, the 

2 Secretary may determine that— 

3 (1) the project or activity is justified by the en4 vironmental benefits derived by the coastal Lou5 isiana ecosystem; and 

6 (2) no further economic justification for the 

7 project or activity is required if the Secretary deter8 mines that the project or activity is cost effective. 

9 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

10 shall not apply to any separable element of a project in11 tended to produce benefits that are predominantly unre12 lated to the protection, preservation, and restoration of the 

13 coastal Louisiana ecosystem. 

14 SEC. 7009. INDEPENDENT REVIEW. 

15 The Secretary shall establish the Louisiana Water 

16 Resources Council which shall serve as the exclusive peer 

17 review panel for projects under this title as required by 

18 section 2037 of this Act. 

19 SEC. 7010. EXPEDITED REPORTS. 

20 The Secretary shall expedite completion of the re21 ports for the following projects and, if the Secretary deter22 mines that a project is justified in the completed report, 

23 proceed directly to project preconstruction engineering 

24 and design: 


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1 (1) The projects identified in the study of com2 prehensive hurricane protection authorized by title I 

3 of the Energy and Water Development Appropria4 tions Act, 2006 (119 Stat. 2447). 

5 (2) A project for ecosystem restoration for the 

6 Chenier Plain, Louisiana. 

7 (3) The project for Multipurpose Operation of 

8 Houma Navigation Lock. 

9 (4) The project for Terrebonne Basin Barrier 

10 Shoreline Restoration. 

11 (5) The project for Small Diversion at Convent/ 

12 Blind River. 

13 (6) The project for Amite River Diversion 

14 Canal Modification. 

15 (7) The project for Medium Diversion at 

16 White’s Ditch. 

17 (8) The project to convey Atchafalaya River 

18 Water to Northern Terrebonne Marshes. 

19 (9) The projects identified in the Southwest 

20 Coastal Louisiana hurricane and storm damage re21 duction study authorized by the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives on December 7, 2005. 


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1 SEC. 7011. REPORTING. 

2 (a) IN GENERAL.—Not later than 6 years after the 

3 date of enactment of this Act, the Secretary shall submit 

4 to the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee on 

6 Environment and Public Works of the Senate a report in7 cluding a description of— 

8 (1) the projects authorized and undertaken 

9 under this title; 

10 (2) the construction status of the projects; 

11 (3) the cost to date and the expected final cost 

12 of each project undertaken under this title; and 

13 (4) the benefits and environmental impacts of 

14 the projects. 

15 (b) EXTERNAL REVIEW.—The Secretary shall enter 

16 into a contract with the National Academy of Sciences 

17 under which the National Academy of Sciences shall per18 form and submit to the Committee on Transportation and 

19 Infrastructure of the House of Representatives and the 

20 Committee on Environment and Public Works of the Sen21 ate an external review of the demonstration program au22 thorized by subsection 7006(b). 

23 SEC. 7012. NEW ORLEANS AND VICINITY. 

24 (a) IN GENERAL.—The Secretary is authorized to— 

25 (1) raise levee heights where necessary and oth26 erwise enhance the Lake Pontchartrain and Vicinity 


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1 Project and the West Bank and Vicinity Project to 

2 provide the levels of protection necessary to achieve 

3 the certification required for participation in the na4 tional flood insurance program under the National 

5 Flood Insurance Act of 1965 (42 U.S.C. 2001 et 

6 seq.); 

7 (2) modify the 17th Street, Orleans Avenue, 

8 and London Avenue drainage canals and install 

9 pumps and closure structures at or near the lake10 front at Lake Pontchartrain; 

11 (3) armor critical elements of the New Orleans 

12 hurricane and storm damage reduction system; 

13 (4) modify the Inner Harbor Navigation Canal 

14 to increase the reliability of the flood protection sys15 tem for the city of New Orleans; 

16 (5) replace or modify certain non-Federal levees 

17 in Plaquemines Parish to incorporate the levees into 

18 the New Orleans to Venice Hurricane Protection 

19 Project; 

20 (6) reinforce or replace flood walls in the exist21 ing Lake Pontchartrain and Vicinity Project and the 

22 existing West Bank and Vicinity Project to improve 

23 performance of the flood and storm damage reduc24 tion systems; 


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1 (7) perform one time stormproofing of interior 

2 pump stations to ensure the operability of the sta3 tions during hurricanes, storms, and high water 

4 events; 

5 (8) repair, replace, modify and improve non6 Federal levees and associated protection measures in 

7 Terrebonne Parish; and 

8 (9) reduce the risk of storm damage to the 

9 greater New Orleans metropolitan area by restoring 

10 the surrounding wetlands through measures to begin 

11 to reverse wetland losses in areas affected by naviga12 tion, oil and gas, and other channels and through 

13 modification of the Caernarvon Freshwater Diver14 sion structure or its operations. 

15 (b) FUNDING AUTHORITY.—Activities authorized by 

16 subsection (a) and section 7013 shall be carried out in 

17 a manner that is consistent with the cost-sharing require18 ments specified in the Emergency Supplemental Appro19 priations Act for Defense, the Global War on Terror, and 

20 Hurricane Recovery, 2006 (Public Law 109–234). 

21 (c) CONDITIONS.—The Secretary shall notify the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives and the Committee on Environ24 ment and Public Works of the Senate if estimates for the 

25 expenditure of funds on any single project or activity idenVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 tified in subsection (a) exceeds the amount specified for 

2 that project or activity in the Emergency Supplemental 

3 Appropriations Act for Defense, the Global War on Ter4 ror, and Hurricane Recovery, 2006 (Public Law 109– 

5 234). No appropriation in excess of 25 percent above the 

6 amount specified for a project or activity in such Act shall 

7 be made until an increase in the level of expenditure has 

8 been approved by resolutions adopted by the Committee 

9 on Transportation and Infrastructure of the House of 

10 Representatives and the Committee on Environment and 

11 Public Works of the Senate. 

12 SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. 

13 (a) DEAUTHORIZATION.— 

14 (1) IN GENERAL.—The navigation channel por15 tion of the project for navigation, Mississippi River16 Gulf outlet, authorized by the Act entitled, ‘‘An Act 

17 to authorize construction of the Mississippi River18 Gulf outlet’’, approved March 29, 1956 (70 Stat. 

19 65), as modified by section 844 of the Water Re20 sources Development Act of 1986 (100 Stat. 4177), 

21 and further modified by section 326 of the Water 

22 Resources Development Act of 1996 (110 Stat. 

23 3717), which extends from the Gulf of Mexico to 

24 mile 60 at the southern bank of the Gulf Intra25 coastal Waterway is not authorized. 


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1 (2) SCOPE.—Paragraph (1) shall not be con2 strued to modify or deauthorize the Inner Harbor 

3 Navigation Canal Replacement Project, authorized 

4 by the Act referred to in paragraph (1). 

5 (b) PLAN FOR CLOSURE AND RESTORATION.—The 

6 Secretary shall carry out a study and implement a project 

7 to physically modify the Mississippi River-Gulf outlet and 

8 to restore the areas affected by the Mississippi River-Gulf 

9 outlet in accordance with the plan to be developed under 

10 section 7002(a), subject to the conditions and rec11 ommendations in a final report of the Chief of Engineers 

12 if a favorable report of the Chief is completed not later 

13 than 180 days after the date of enactment of this Act. 

14 The plan shall incorporate the recommendations of the In15 terim Mississippi River Gulf Outlet Deep-Draft De-Au16 thorization Report submitted to Congress in December 

17 2006. 

18 (c) REPORT TO CONGRESS.—Not later than 180 days 

19 after the date of enactment of this Act, the Secretary shall 

20 submit to the Committee on Transportation and Infra21 structure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate 

23 a report on the project described in subsection (b). 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated $5,000,000 for the costs of 


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1 carrying out the study and developing the report of the 

2 Chief of Engineers required by subsection (b). Such costs 

3 shall be a Federal expense. 

4 TITLE VIII—UPPER MISSISSIPPI 

5 RIVER AND ILLINOIS WATER6 WAY SYSTEM 

7 SEC. 8001. DEFINITIONS. 

8 In this title, the following definitions apply: 

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

10 for navigation and ecosystem improvements for the 

11 Upper Mississippi River and Illinois Waterway Sys12 tem: Report of the Chief of Engineers, dated Decem13 ber 15, 2004. 

14 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

15 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

16 River and Illinois Waterway System’’ means the 

17 projects for navigation and ecosystem restoration au18 thorized by Congress for— 

19 (A) the segment of the Mississippi River 

20 from the confluence with the Ohio River, River 

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

22 Minneapolis-St. Paul, Minnesota, River Mile 

23 854.0; and 

24 (B) the Illinois Waterway from its con25 fluence with the Mississippi River at Grafton, 


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

2 Chicago, Illinois, River Mile 327.0. 

3 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA4 TION. 

5 Except as modified by this title, the Secretary shall 

6 undertake navigation improvements and restoration of the 

7 ecosystem for the Upper Mississippi River and Illinois 

8 Water System substantially in accordance with the Plan 

9 and subject to the conditions described therein. 

10 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA11 TION IMPROVEMENTS. 

12 (a) SMALL SCALE AND NONSTRUCTURAL MEAS13 URES.— 

14 (1) IN GENERAL.—The Secretary shall— 

15 (A) construct mooring facilities at Locks 

16 12, 14, 18, 20, 22, 24, and LaGrange Lock or 

17 other alternative locations that are economically 

18 and environmentally feasible; 

19 (B) provide switchboats at Locks 20 

20 through 25; and 

21 (C) conduct development and testing of an 

22 appointment scheduling system. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

24 The total cost of projects authorized under this sub25 section shall be $235,000,000. Such costs are to be 


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paid 1 1 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 2 ⁄2 from amounts appro3 priated from the Inland Waterways Trust Fund. 

4 Such sums shall remain available until expended. 

5 (b) NEW LOCKS.— 

6 (1) IN GENERAL.—The Secretary shall con7 struct new 1,200-foot locks at Locks 20, 21, 22, 24, 

8 and 25 on the Upper Mississippi River and at La9 Grange Lock and Peoria Lock on the Illinois Water10 way. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 The total cost of projects authorized under this sub13 section shall be $1,795,000,000. Such costs are to 

be paid 1 14 ⁄2 from amounts appropriated from the general fund of the Treasury and 1 15 ⁄2 from amounts ap16 propriated from the Inland Waterways Trust Fund. 

17 Such sums shall remain available until expended. 

18 (c) CONCURRENCE.—The mitigation required for the 

19 projects authorized under subsections (a) and (b), includ20 ing any acquisition of lands or interests in lands, shall be 

21 undertaken or acquired concurrently with lands and inter22 ests in lands for the projects authorized under subsections 

23 (a) and (b), and physical construction required for the 

24 purposes of mitigation shall be undertaken concurrently 

25 with the physical construction of such projects. 


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1 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

2 (a) OPERATION.—To ensure the environmental sus3 tainability of the existing Upper Mississippi River and Illi4 nois Waterway System, the Secretary shall modify, con5 sistent with requirements to avoid adverse effects on navi6 gation, the operation of the Upper Mississippi River and 

7 Illinois Waterway System to address the cumulative envi8 ronmental impacts of operation of the system and improve 

9 the ecological integrity of the Upper Mississippi River and 

10 Illinois River. 

11 (b) ECOSYSTEM RESTORATION PROJECTS.— 

12 (1) IN GENERAL.—The Secretary shall carry 

13 out, consistent with requirements to avoid adverse 

14 effects on navigation, ecosystem restoration projects 

15 to attain and maintain the sustainability of the eco16 system of the Upper Mississippi River and Illinois 

17 River in accordance with the general framework out18 lined in the Plan. 

19 (2) PROJECTS INCLUDED.—Ecosystem restora20 tion projects may include— 

21 (A) island building; 

22 (B) construction of fish passages; 

23 (C) floodplain restoration; 

24 (D) water level management (including 

25 water drawdown); 

26 (E) backwater restoration; 


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1 (F) side channel restoration; 

2 (G) wing dam and dike restoration and 

3 modification; 

4 (H) island and shoreline protection; 

5 (I) topographical diversity; 

6 (J) dam point control; 

7 (K) use of dredged material for environ8 mental purposes; 

9 (L) tributary confluence restoration; 

10 (M) spillway, dam, and levee modification 

11 to benefit the environment; and 

12 (N) land and easement acquisition. 

13 (3) COST SHARING.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraphs (B) and (C), the Federal share 

16 of the cost of carrying out an ecosystem res17 toration project under this subsection shall be 

18 65 percent. 

19 (B) EXCEPTION FOR CERTAIN RESTORA20 TION PROJECTS.—In the case of a project 

21 under this section for ecosystem restoration, the 

22 Federal share of the cost of carrying out the 

23 project shall be 100 percent if the project— 

24 (i) is located below the ordinary high 

25 water mark or in a connected backwater; 


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1 (ii) modifies the operation of struc2 tures for navigation; or 

3 (iii) is located on federally owned 

4 land. 

5 (C) SAVINGS CLAUSE.—Nothing in this 

6 subsection affects the applicability of section 

7 906(e) of the Water Resources Development 

8 Act of 1986 (33 U.S.C. 2283(e)). 

9 (D) NONGOVERNMENTAL ORGANIZA10 TIONS.—Notwithstanding section 221 of the 

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

12 5b), for any project carried out under this title, 

13 a non-Federal sponsor may include a nonprofit 

14 entity, with the consent of the affected local 

15 government. 

16 (4) LAND ACQUISITION.—The Secretary may 

17 acquire land or an interest in land for an ecosystem 

18 restoration project from a willing seller through con19 veyance of— 

20 (A) fee title to the land; or 

21 (B) a flood plain conservation easement. 

22 (c) MONITORING.—The Secretary shall carry out a 

23 long term resource monitoring, computerized data inven24 tory and analysis, and applied research program for the 

25 Upper Mississippi River and Illinois River to determine 


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1 trends in ecosystem health, to understand systemic 

2 changes, and to help identify restoration needs. The pro3 gram shall adopt and continue the monitoring program es4 tablished under section 1103(e)(1)(A)(ii) of the Water Re5 sources Development Act of 1986 (33 U.S.C. 

6 652(e)(1)(A)(ii)). 

7 (d) ECOSYSTEM RESTORATION PRECONSTRUCTION

8 ENGINEERING AND DESIGN.— 

9 (1) RESTORATION DESIGN.—Before initiating 

10 the construction of any individual ecosystem restora11 tion project, the Secretary shall— 

12 (A) establish ecosystem restoration goals 

13 and identify specific performance measures de14 signed to demonstrate ecosystem restoration; 

15 (B) establish the without-project condition 

16 or baseline for each performance indicator; and 

17 (C) for each separable element of the eco18 system restoration, identify specific target goals 

19 for each performance indicator. 

20 (2) OUTCOMES.—Performance measures identi21 fied under paragraph (1)(A) shall include specific 

22 measurable environmental outcomes, such as 

23 changes in water quality, hydrology, or the well24 being of indicator species the population and dis25 tribution of which are representative of the abunVerDate Aug 31 2005 00:19 May 01, 2007 Jkt 059200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H1495.PCS H1495

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1 dance and diversity of ecosystem-dependent aquatic 

2 and terrestrial species. 

3 (3) RESTORATION DESIGN.—Restoration design 

4 carried out as part of ecosystem restoration shall in5 clude a monitoring plan for the performance meas6 ures identified under paragraph (1)(A), including— 

7 (A) a timeline to achieve the identified tar8 get goals; and 

9 (B) a timeline for the demonstration of 

10 project completion. 

11 (e) CONSULTATION AND FUNDING AGREEMENTS.— 

12 (1) IN GENERAL.—In carrying out the environ13 mental sustainability, ecosystem restoration, and 

14 monitoring activities authorized in this section, the 

15 Secretary shall consult with the Secretary of the In16 terior and the States of Illinois, Iowa, Minnesota, 

17 Missouri, and Wisconsin. 

18 (2) FUNDING AGREEMENTS.—The Secretary is 

19 authorized to enter into agreements with the Sec20 retary of the Interior, the Upper Mississippi River 

21 Basin Association, and natural resource and con22 servation agencies of the States of Illinois, Iowa, 

23 Minnesota, Missouri, and Wisconsin to provide for 

24 the direct participation of and transfer of funds to 

25 such entities for the planning, implementation, and 


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1 evaluation of projects and programs established by 

2 this section. 

3 (f) SPECIFIC PROJECTS AUTHORIZATION.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this subsection 

6 $1,580,000,000, of which not more than 

7 $226,000,000 shall be available for projects de8 scribed in subsection (b)(2)(B) and not more than 

9 $43,000,000 shall be available for projects described 

10 in subsection (b)(2)(J). Such sums shall remain 

11 available until expended. 

12 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

13 amounts made available under paragraph (1), not 

14 more than $35,000,000 in any fiscal year may be 

15 used for land acquisition under subsection (b)(4). 

16 (3) INDIVIDUAL PROJECT LIMIT.—Other than 

17 for projects described in subparagraphs (B) and (J) 

18 of subsection (b)(2), the total cost of any single 

19 project carried out under this subsection shall not 

20 exceed $25,000,000. 

21 (4) MONITORING.—In addition to amounts au22 thorized under paragraph (1), there are authorized 

23 $10,420,000 per fiscal year to carry out the moni24 toring program under subsection (c) if such sums 

25 are not appropriated pursuant to section 1103(e)(4) 


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1 the Water Resources Development Act of 1986 (33 

2 U.S.C. 652(e)(4)). 

3 (g) IMPLEMENTATION REPORTS.— 

4 (1) IN GENERAL.—Not later than June 30, 

5 2008, and every 4 years thereafter, the Secretary 

6 shall submit to the Committee on Environment and 

7 Public Works of the Senate and the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives an implementation report that— 

10 (A) includes baselines, milestones, goals, 

11 and priorities for ecosystem restoration 

12 projects; and 

13 (B) measures the progress in meeting the 

14 goals. 

15 (2) ADVISORY PANEL.— 

16 (A) IN GENERAL.—The Secretary shall ap17 point and convene an advisory panel to provide 

18 independent guidance in the development of 

19 each implementation report under paragraph 

20 (1). 

21 (B) PANEL MEMBERS.—Panel members 

22 shall include— 

23 (i) one representative of each of the 

24 State resource agencies (or a designee of 

25 the Governor of the State) from each of 


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1 the States of Illinois, Iowa, Minnesota, 

2 Missouri, and Wisconsin; 

3 (ii) one representative of the Depart4 ment of Agriculture; 

5 (iii) one representative of the Depart6 ment of Transportation; 

7 (iv) one representative of the United 

8 States Geological Survey; 

9 (v) one representative of the United 

10 States Fish and Wildlife Service; 

11 (vi) one representative of the Environ12 mental Protection Agency; 

13 (vii) one representative of affected 

14 landowners; 

15 (viii) two representatives of conserva16 tion and environmental advocacy groups; 

17 and 

18 (ix) two representatives of agriculture 

19 and industry advocacy groups. 

20 (C) CHAIRPERSON.—The Secretary shall 

21 serve as chairperson of the advisory panel. 

22 (D) APPLICATION OF FEDERAL ADVISORY

23 COMMITTEE ACT.—The Advisory Panel and any 

24 working group established by the Advisory 

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1 mittee under the Federal Advisory Committee 

2 Act (5 U.S.C. App.). 

3 (h) RANKING SYSTEM.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Advisory Panel, shall develop a system 

6 to rank proposed projects. 

7 (2) PRIORITY.—The ranking system shall give 

8 greater weight to projects that restore natural river 

9 processes, including those projects listed in sub10 section (b)(2). 

11 SEC. 8005. COMPARABLE PROGRESS. 

12 (a) IN GENERAL.—As the Secretary conducts pre-en13 gineering, design, and construction for projects authorized 

14 under this title, the Secretary shall— 

15 (1) select appropriate milestones; 

16 (2) determine, at the time of such selection, 

17 whether the projects are being carried out at com18 parable rates; and 

19 (3) make an annual report to Congress, begin20 ning in fiscal year 2008, regarding whether the 

21 projects are being carried out at a comparable rate. 

22 (b) NO COMPARABLE RATE.—If the Secretary or 

23 Congress determines under subsection (a)(2) that projects 

24 authorized under this title are not moving toward comple25 tion at a comparable rate, annual funding requests for the 


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1 projects shall be adjusted to ensure that the projects move 

2 toward completion at a comparable rate in the future. 

Passed the House of Representatives April 19, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 128 

110TH CONGRESS 

1ST SESSION H. R. 1495 

AN ACT 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecAPRIL 30, 2007 

Read twice and placed on the calendar 


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