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(xi) for the period during which the
funds are provided, maintain or exceed the
aggregate expenditures of the State during
the 2 fiscal years preceding the fiscal year
during which the funds are provided to en-
sure levee safety.
(3) DETERMINATION OF SECRETARY.—
(A) IN GENERAL.—Not later than 120 days
after the date on which the Secretary receives an
application under paragraph (2), the Secretary
shall approve or disapprove the application.
(B) NOTICE OF DISAPPROVAL.—If the Sec-
retary disapproves an application under sub-
paragraph (A), the Secretary shall immediately
provide to the State levee safety agency a written
notice of the disapproval, including a description
of—
(i) the reasons for the disapproval; and
(ii) changes necessary for approval of
the application, if any.
(C) FAILURE TO DETERMINE.—If the Sec-
retary fails to make a determination by the
deadline under subparagraph (A), the applica-
tion shall be considered to be approved.
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(4) REVIEW
OF
STATE
LEVEE
SAFETY
PRO-
GRAMS.—
(A) IN GENERAL.—The Secretary, in con-
junction with the Committee, may periodically
review any program carried out using funds
under this subsection.
(B) INADEQUATE PROGRAMS.—If the Sec-
retary determines under a review under subpara-
graph (A) that a program is inadequate to rea-
sonably protect human life and property, the
Secretary shall, until the Secretary determines
the program to be adequate—
(i) revoke the approval of the program;
and
(ii) withhold assistance under this sub-
section.
(i) REPORTING.—Not later than 90 days after the end
of each odd-numbered fiscal year, the Secretary, in con-
sultation with the Committee, shall submit to Congress a
report describing—
(1) the status of the program under this section;
(2) the progress made by Federal agencies during
the 2 preceding fiscal years in implementing Federal
guidelines for levee safety;
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(3) the progress made by State levee safety agen-
cies participating in the program; and
(4) recommendations for legislative or other ac-
tion that the Secretary considers to be necessary, if
any.
(j) RESEARCH.—The Secretary, in coordination with
the Committee, shall carry out a program of technical and
archival research to develop and support—
(1) improved techniques, historical experience,
and equipment for rapid and effective levee construc-
tion, rehabilitation, and assessment or inspection;
(2) the development of devices for the continued
monitoring of levee safety;
(3) the development and maintenance of infor-
mation resources systems required to manage levee
safety projects; and
(4) public policy initiatives and other improve-
ments relating to levee safety engineering, security,
and management.
(k) PARTICIPATION BY STATE LEVEE SAFETY AGEN-
CIES.—In carrying out the levee safety program under this
section, the Secretary shall—
(1) solicit participation from State levee safety
agencies; and
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(2) periodically update State levee safety agen-
cies and Congress on the status of the program.
(l) LEVEE SAFETY TRAINING.—The Secretary, in con-
sultation with the Committee, shall establish a program
under which the Secretary shall provide training for State
levee safety agency staff and inspectors to a State that has,
or intends to develop, a State levee safety program, on re-
quest of the State.
(m) 
EFFECT
OF
SUBTITLE.—Nothing 
in 
this
subtitle—
(1) creates any Federal liability relating to the
recovery of a levee caused by an action or failure to
act;
(2) relieves an owner or operator of a levee of
any legal duty, obligation, or liability relating to the
ownership or operation of the levee; or
(3) 
except 
as 
provided 
in 
subsection
(g)(7)(B)(iii)(III), preempts any applicable Federal
or State law.
SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Secretary—
(1) $20,000,000 to establish and maintain the
inventory under section 2054(f);
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(2) $42,000,000 to carry out levee safety assess-
ments under section 2054(g);
(3) to provide funds for State levee safety pro-
grams under section 2054(h)—
(A) $15,000,000 for fiscal year 2007; and
(B) $5,000,000 for each of fiscal years 2008
through 2011;
(4) $2,000,000 to carry out research under sec-
tion 2054(j);
(5) $1,000,000 to carry out levee safety training
under section 2054(l); and
(6) $150,000 to provide travel expenses to mem-
bers of the Committee under section 2053(f).
TITLE III—PROJECT-RELATED
PROVISIONS
SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,
ALASKA.
The Secretary shall carry out, on an emergency basis,
necessary removal of rubble, sediment, and rock impeding
the entrance to the St. Herman and St. Paul Harbors, Ko-
diak, Alaska, at a Federal cost of $2,000,000.
SEC. 3002. SITKA, ALASKA.
The Sitka, Alaska, element of the project for naviga-
tion, Southeast Alaska Harbors of Refuge, Alaska, author-
ized by section 101 of the Water Resources Development Act
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of 1992 (106 Stat. 4801), is modified to direct the Secretary
to take such action as is necessary to correct design defi-
ciencies in the Sitka Harbor Breakwater, at full Federal
expense. The estimated cost is $6,300,000.
SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
Section 111 of title I of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2944), is amended by
striking subsections (a) and (b) and inserting the following:
‘‘(a) CONSTRUCTION OF NEW FACILITIES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) EXISTING FACILITY.—The term ‘exist-
ing facility’ means the administrative and
maintenance facility for the project for Black
Warrior-Tombigbee Rivers, Alabama, in exist-
ence on the date of enactment of the Water Re-
sources Development Act of 2007.
‘‘(B) PARCEL.—The term ‘Parcel’ means the
land owned by the Federal Government in the
City of Tuscaloosa, Alabama, as in existence on
the date of enactment of the Water Resources De-
velopment Act of 2007.
‘‘(2) AUTHORIZATION.—In carrying out the
project for Black Warrior-Tombigbee Rivers, Ala-
bama, the Secretary is authorized—
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‘‘(A) to purchase land on which the Sec-
retary may construct a new maintenance facil-
ity, to be located—
‘‘(i) at a different location from the ex-
isting facility; and
‘‘(ii) in the vicinity of the City of Tus-
caloosa, Alabama;
‘‘(B) at any time during or after the com-
pletion of, and relocation to, the new mainte-
nance facility—
‘‘(i) to demolish the existing facility;
and
‘‘(ii) to carry out any necessary envi-
ronmental clean-up of the Parcel, all at full
Federal expense; and
‘‘(C) to construct on the Parcel a new ad-
ministrative facility.
‘‘(b) ACQUISITION AND DISPOSITION OF PROPERTY.—
The Secretary—
‘‘(1) may acquire any real property necessary
for the construction of the new maintenance facility
under subsection (a)(2)(A); and
‘‘(2) shall convey to the City of Tuscaloosa fee
simple title in and to any portion of the Parcel not
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required for construction of the new administrative
facility under subsection (a)(2)(C) through—
‘‘(A) sale at fair market value;
‘‘(B) exchange of other Federal land on an
acre-for-acre basis; or
‘‘(C) another form of transfer.’’.
SEC. 3004. NOGALES WASH AND TRIBUTARIES FLOOD CON-
TROL PROJECT, ARIZONA.
The project for flood control, Nogales Wash and tribu-
taries, Arizona, authorized by section 101(a)(4) of the
Water Resources Development Act of 1990 (104 Stat. 4606;
110 Stat. 3711; 114 Stat. 2600), is modified to authorize
the Secretary to construct the project at a total cost of
$25,410,000, with an estimated Federal cost of $22,930,000
and an estimated non-Federal cost of $2,480,000.
SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA.
The project for flood damage reduction, Rio De Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the
Water Resources Development Act of 2000 (114 Stat. 2576),
is modified to authorize the Secretary to construct the
project at a total cost of $54,100,000, with an estimated
Federal cost of $35,000,000 and a non-Federal cost of
$19,100,000.
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SEC. 3006. TUCSON DRAINAGE AREA (TUCSON ARROYO), AR-
IZONA.
The project for flood damage reduction, environmental
restoration, and recreation, Tucson Drainage Area (Tucson
Arroyo), Arizona, authorized by section 101(a)(5) of the
Water Resources Development Act of 1999 (113 Stat. 274),
is modified to authorize the Secretary to construct the
project at a total cost of $66,700,000, with an estimated
Federal cost of $43,350,000 and an estimated non-Federal
cost of $23,350,000.
SEC. 3007. AUGUSTA AND CLARENDON, ARKANSAS.
The Secretary may carry out rehabilitation of author-
ized and completed levees on the White River between Au-
gusta and Clarendon, Arkansas, at a total estimated cost
of $8,000,000, with an estimated Federal cost of $5,200,000
and an estimated non-Federal cost of $2,800,000.
SEC. 3008. EASTERN ARKANSAS ENTERPRISE COMMUNITY,
ARKANSAS.
Federal assistance made available under the rural en-
terprise zone program of the Department of Agriculture
may be used toward payment of the non-Federal share of
the costs of the project described in section 219(c)(20) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 114 Stat. 2763A–219), if the funds are authorized
to be used for the purpose of that project.
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SEC. 3009. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS
AND LOUISIANA.
(a) IN GENERAL.—Section 204 of the Flood Control
Act of 1950 (64 Stat. 170) is amended in the matter under
the heading ‘‘RED-OUACHITA RIVER BASIN’’ by strik-
ing ‘‘at Calion, Arkansas’’ and inserting ‘‘improvements at
Calion, Arkansas (including authorization for the com-
prehensive flood-control project for Ouachita River and
tributaries, incorporating in the project all flood control,
drainage, and power improvements in the basin above the
lower end of the left bank Ouachita River levee)’’.
(b) MODIFICATION.—Section 3 of the Act of August 18,
1941 (55 Stat. 642, chapter 377), is amended in the second
sentence of subsection (a) in the matter under the heading
‘‘LOWER MISSISSIPPI RIVER’’ by inserting before the
period at the end the following: ‘‘Provided, That the
Ouachita River Levees, Louisiana, authorized by the first
section of the Act of May 15, 1928 (45 Stat. 534, chapter
569), shall remain as a component of the Mississippi River
and Tributaries Project and afforded operation and mainte-
nance responsibilities as directed in section 3 of that Act
(45 Stat. 535)’’.
SEC. 3010. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.
(a) IN GENERAL.—The project for flood control, St.
Francis River Basin, Arkansas, and Missouri, authorized
the Act of June 15, 1936 (49 Stat. 1508, chapter 548), as