†
165
HR 2864 EAS
‘‘(1) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘The Sec-
retaries’’ and inserting the following:
‘‘(2) TECHNICAL REVIEWS.—The Secretaries’’;
(3) in the third sentence, by striking ‘‘In devel-
oping’’ and inserting the following:
‘‘(3) IMPROVEMENTS.—
‘‘(A) IN GENERAL.—In developing’’;
(4) in the fourth sentence, by striking ‘‘In con-
ducting’’ and inserting the following:
‘‘(B) USE OF FUNDS.—In conducting’’; and
(5) by adding at the end the following:
‘‘(4) 
PROJECT
ALTERNATIVE
SOLUTIONS
STUDY.—The Secretaries, in cooperation with non-
Federal agencies, are directed to expedite their respec-
tive activities, including the formulation of all nec-
essary studies and decision documents, in furtherance
of the collaborative effort known as the ‘Project Alter-
native Solutions Study’, as well as planning, engi-
neering, and design, including preparation of plans
and specifications, of any features recommended for
authorization by the Secretary of the Army under
paragraph (6).
‘‘(5) CONSOLIDATION
OF
TECHNICAL
REVIEWS
AND DESIGN ACTIVITIES.—The Secretary of the Army
†
166
HR 2864 EAS
shall consolidate technical reviews and design activi-
ties for—
‘‘(A) the project for flood damage reduction
authorized by section 101(a)(6) of the Water Re-
sources Development Act of 1999 (113 Stat. 274);
and
‘‘(B) the project for flood damage reduction,
dam safety, and environmental restoration au-
thorized by sections 128 and 134 of the Energy
and Water Development Appropriations Act,
2004 (117 Stat. 1838, 1842).
‘‘(6) REPORT.—The recommendations of the Sec-
retary of the Army, along with the views of the Sec-
retary of the Interior and relevant non-Federal agen-
cies resulting from the activities directed in para-
graphs (4) and (5), shall be forwarded to the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives by not later
than June 30, 2007, and shall provide status reports
by not later than September 30, 2006, and quarterly
thereafter.
‘‘(7) EFFECT.—Nothing in this section shall be
deemed as deauthorizing the full range of project fea-
tures and parameters of the projects listed in para-
†
167
HR 2864 EAS
graph (5), nor shall it limit any previous authoriza-
tions granted by Congress.’’.
SEC. 3020. CONDITIONAL DECLARATION OF NONNAVIGA-
BILITY, PORT OF SAN FRANCISCO, CALI-
FORNIA.
(a) CONDITIONAL
DECLARATION
OF
NONNAVIGA-
BILITY.—If the Secretary determines, in consultation with
appropriate Federal and non-Federal entities, that projects
proposed to be carried out by non-Federal entities within
the portions of the San Francisco, California, waterfront
described in subsection (b) are not in the public interest,
the portions shall be declared not to be navigable water of
the United States for the purposes of section 9 of the Act
of March 3, 1899 (33 U.S.C. 401), and the General Bridge
Act of 1946 (33 U.S.C. 525 et seq.).
(b) PORTIONS OF WATERFRONT.—The portions of the
San Francisco, California, waterfront referred to in sub-
section (a) are those that are, or will be, bulkheaded, filled,
or otherwise occupied by permanent structures and that are
located as follows: beginning at the intersection of the north-
easterly prolongation of the portion of the northwesterly line
of Bryant Street lying between Beale Street and Main
Street with the southwesterly line of Spear Street, which
intersection lies on the line of jurisdiction of the San Fran-
cisco Port Commission; following thence southerly along
†
168
HR 2864 EAS
said line of jurisdiction as described in the State of Cali-
fornia Harbor and Navigation Code Section 1770, as
amended in 1961, to its intersection with the easterly line
of Townsend Street along a line that is parallel and distant
10 feet from the existing southern boundary of Pier 40 to
its point of intersection with the United States Government
pier-head line; thence northerly along said pier-head line
to its intersection with a line parallel with, and distant
10 feet easterly from, the existing easterly boundary line
of Pier 30–32; thence northerly along said parallel line and
its northerly prolongation, to a point of intersection with
a line parallel with, and distant 10 feet northerly from,
the existing northerly boundary of Pier 30–32, thence west-
erly along last said parallel line to its intersection with
the United States Government pier-head line; to the north-
westerly line of Bryan Street northwesterly; thence south-
westerly along said northwesterly line of Bryant Street to
the point of beginning.
(c) REQUIREMENT THAT AREA BE IMPROVED.—If, by
the date that is 20 years after the date of enactment of this
Act, any portion of the San Francisco, California, water-
front described in subsection (b) has not been bulkheaded,
filled, or otherwise occupied by 1 or more permanent struc-
tures, or if work in connection with any activity carried
out pursuant to applicable Federal law requiring a permit,
†
169
HR 2864 EAS
including sections 9 and 10 of the Act of March 3, 1899
(33 U.S.C. 401), is not commenced by the date that is 5
years after the date of issuance of such a permit, the dec-
laration of nonnavigability for the portion under this sec-
tion shall cease to be effective.
SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA.
(a) DEFINITIONS.—In this section:
(1) SALTON SEA AUTHORITY.—The term ‘‘Salton
Sea Authority’’ means the Joint Powers Authority es-
tablished under the laws of the State of California by
a joint power agreement signed on June 2, 1993.
(2) SALTON
SEA
SCIENCE
OFFICE.—The term
‘‘Salton Sea Science Office’’ means the Office estab-
lished by the United States Geological Survey and
currently located in La Quinta, California.
(b) PILOT PROJECTS.—
(1) IN GENERAL.—The Secretary shall review the
preferred restoration concept plan approved by the
Salton Sea Authority to determine that the pilot
projects are economically justified, technically sound,
environmentally acceptable, and meet the objectives of
the Salton Sea Reclamation Act (Public Law 105–
372). If the Secretary makes a positive determination,
the Secretary may enter into an agreement with the
Salton Sea Authority and, in consultation with the
†
170
HR 2864 EAS
Salton Sea Science Office, carry out the pilot project
for improvement of the environment in the Salton
Sea, except that the Secretary shall be a party to each
contract for construction under this subsection.
(2) LOCAL PARTICIPATION.—In prioritizing pilot
projects under this section, the Secretary shall—
(A) consult with the Salton Sea Authority
and the Salton Sea Science Office; and
(B) consider the priorities of the Salton Sea
Authority.
(3) COST SHARING.—Before carrying out a pilot
project under this section, the Secretary shall enter
into a written agreement with the Salton Sea Author-
ity that requires the non-Federal interest to—
(A) pay 35 percent of the total costs of the
pilot project;
(B) acquire any land, easements, rights-of-
way, relocations, and dredged material disposal
areas necessary to carry out the pilot project;
and
(C) hold the United States harmless from
any claim or damage that may arise from car-
rying out the pilot project, except any claim or
damage that may arise from the negligence of the