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(4) in subsection (d), by striking ‘‘(d) Non-Fed-
eral’’ and inserting the following:
‘‘(d) NON-FEDERAL SHARE.—Non-Federal’’;
(5) in subsection (e), by striking ‘‘(e) Each’’ and
inserting the following:
‘‘(e) COMPLETION.—Each’’; and
(6) in subsection (f), by striking ‘‘(f) This’’ and
inserting the following:
‘‘(f) APPLICABILITY.—This’’.
SEC. 2032. PROTECTION AND RESTORATION DUE TO EMER-
GENCIES AT SHORES AND STREAMBANKS.
Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting
‘‘$20,000,000’’; and
(2) by striking ‘‘$1,000,000’’ and inserting
‘‘$1,500,000’’.
SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PRO-
TECTION OF AQUATIC AND RIPARIAN ECO-
SYSTEMS PROGRAM.
Section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330) is amended—
(1) by striking the section heading and inserting
the following:
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‘‘SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PRO-
TECTION OF AQUATIC AND RIPARIAN ECO-
SYSTEMS PROGRAM.’’;
(2) in subsection (a), by striking ‘‘an aquatic’’
and inserting ‘‘a freshwater aquatic’’; and
(3) in subsection (e), by striking ‘‘$25,000,000’’
and inserting ‘‘$75,000,000’’.
SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS
FOR IMPROVEMENT AND RESTORATION OF
ECOSYSTEMS PROGRAM.
Section 1135 of the Water Resources Development Act
of 1986 (33 U.S.C. 2309a) is amended—
(1) by striking the section heading and inserting
the following:
‘‘SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS
FOR IMPROVEMENT AND RESTORATION OF
ECOSYSTEMS PROGRAM.’’;
and
(2) in subsection (h), by striking ‘‘25,000,000’’
and inserting ‘‘$50,000,000’’.
SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COAST-
AL HABITATS.
(a) IN GENERAL.—The Secretary may carry out an
estuary habitat restoration project if the Secretary deter-
mines that the project—
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(1) will improve the elements and features of an
estuary (as defined in section 103 of the Estuaries
and Clean Waters Act of 2000 (33 U.S.C. 2902));
(2) is in the public interest; and
(3) is cost-effective.
(b) COST SHARING.—The non-Federal share of the cost
of construction of any project under this section—
(1) shall be 35 percent; and
(2) shall include the costs of all land, easements,
rights-of-way, and necessary relocations.
(c) AGREEMENTS.—Construction of a project under
this section shall commence only after a non-Federal inter-
est has entered into a binding agreement with the Secretary
to pay—
(1) the non-Federal share of the costs of construc-
tion required under subsection (b); and
(2) in accordance with regulations promulgated
by the Secretary, 100 percent of the costs of any oper-
ation, maintenance, replacement, or rehabilitation of
the project.
(d) LIMITATION.—Not more than $5,000,000 in Fed-
eral funds may be allocated under this section for a project
at any 1 location.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
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$25,000,000 for each fiscal year beginning after the date
of enactment of this Act.
SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.
Section 560 of the Water Resources Development Act
of 1999 (33 U.S.C. 2336; 113 Stat. 354–355) is amended—
(1) by striking subsection (f);
(2) by redesignating subsections (a) through (e)
as subsections (b) through (f), respectively;
(3) by inserting before subsection (b) (as redesig-
nated by paragraph (2)) the following:
‘‘(a) DEFINITION OF NON-FEDERAL INTEREST.—In
this section, the term ‘non-Federal interest’ includes, with
the consent of the affected local government, nonprofit enti-
ties, notwithstanding section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d–5b).’’;
(4) in subsection (b) (as redesignated by para-
graph (2))—
(A) by inserting ‘‘, and construction’’ before
‘‘assistance’’; and
(B) by inserting ‘‘, including, with the con-
sent of the affected local government, nonprofit
entities,’’ after ‘‘non-Federal interests’’;
(5) in paragraph (3) of subsection (c) (as redes-
ignated by paragraph (2))—
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(A) by inserting ‘‘physical hazards and’’
after ‘‘adverse’’; and
(B) by striking ‘‘drainage from’’;
(6) in subsection (d) (as redesignated by para-
graph (2)), by striking ‘‘50’’ and inserting ‘‘25’’; and
(7) by adding at the end the following:
‘‘(g) OPERATION AND MAINTENANCE.—The non-Fed-
eral share of the costs of operation and maintenance for
a project carried out under this section shall be 100 percent.
‘‘(h) NO EFFECT ON LIABILITY.—The provision of as-
sistance under this section shall not relieve from liability
any person that would otherwise be liable under Federal
or State law for damages, response costs, natural resource
damages, restitution, equitable relief, or any other relief.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section for
each fiscal year $45,000,000, to remain available until ex-
pended.’’.
SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION
AND REMOVAL OF DAMS.
(a) IN GENERAL.—The Secretary may carry out a
small dam removal or rehabilitation project if the Secretary
determines that the project will improve the quality of the
environment or is in the public interest.
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(b) COST SHARING.—A non-Federal interest shall pro-
vide 35 percent of the cost of the removal or remediation
of any project carried out under this section, including pro-
vision of all land, easements, rights-of-way, and necessary
relocations.
(c) AGREEMENTS.—Construction of a project under
this section shall be commenced only after a non-Federal
interest has entered into a binding agreement with the Sec-
retary to pay—
(1) the non-Federal share of the costs of construc-
tion required by this section; and
(2) 100 percent of any operation and mainte-
nance cost.
(d) COST LIMITATION.—Not more than $5,000,000 in
Federal funds may be allotted under this section for a
project at any single location.
(e) FUNDING.—There is authorized to be appropriated
to carry out this section $25,000,000 for each fiscal year.
SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.
(a) IN GENERAL.—The Secretary shall develop eligi-
bility criteria for Federal participation in navigation
projects located in economically disadvantaged commu-
nities that are—
(1) dependent on water transportation for sub-
sistence; and
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(2) located in—
(A) remote areas of the United States;
(B) American Samoa;
(C) Guam;
(D) the Commonwealth of the Northern
Mariana Islands;
(E) the Commonwealth of Puerto Rico; or
(F) the United States Virgin Islands.
(b) ADMINISTRATION.—The criteria developed under
this section—
(1) shall—
(A) provide for economic expansion; and
(B) identify opportunities for promoting
economic growth; and
(2) shall not require project justification solely
on the basis of National Economic Development bene-
fits received.
SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.
(a) PARTNERSHIP AGREEMENTS.—Section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is
amended—
(1) by redesignating subsection (e) as subsection
(g); and
(2) by inserting after subsection (d) the fol-
lowing:
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‘‘(e) PUBLIC HEALTH AND SAFETY.—If the Secretary
determines that a project needs to be continued for the pur-
pose of public health and safety—
‘‘(1) the non-Federal interest shall pay the in-
creased projects costs, up to an amount equal to 20
percent of the original estimated project costs and in
accordance with the statutorily-determined cost share;
and
‘‘(2) notwithstanding the statutorily-determined
Federal share, the Secretary shall pay all increased
costs remaining after payment of 20 percent of the in-
creased costs by the non-Federal interest under para-
graph (1).
‘‘(f) LIMITATION.—Nothing in subsection (a) limits the
authority of the Secretary to ensure that a partnership
agreement meets the requirements of law and policies of the
Secretary in effect on the date of execution of the partner-
ship agreement.’’.
(b) LOCAL COOPERATION.—Section 912(b) of the
Water Resources Development Act of 1986 (100 Stat. 4190)
is amended—
(1) in paragraph (2)—
(A) in the first sentence, by striking ‘‘shall’’
and inserting ‘‘may’’; and
(B) by striking the second sentence; and
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(2) in paragraph (4)—
(A) in the first sentence—
(i) by striking ‘‘injunction, for’’ and
inserting ‘‘injunction and payment of liq-
uidated damages, for’’; and
(ii) by striking ‘‘to collect a civil pen-
alty imposed under this section,’’; and
(B) in the second sentence, by striking ‘‘any
civil penalty imposed under this section,’’ and
inserting ‘‘any liquidated damages,’’.
(c) APPLICABILITY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsections (a)
and (b) shall apply only to partnership agreements
entered into after the date of enactment of this Act.
(2) EXCEPTION.—Notwithstanding paragraph
(1), the district engineer for the district in which a
project is located may amend the partnership agree-
ment for the project entered into on or before the date
of enactment of this Act—
(A) at the request of a non-Federal interest
for a project; and
(B) if construction on the project has not
been initiated as of the date of enactment of this
Act.
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(d) REFERENCES.—
(1) COOPERATION AGREEMENTS.—Any reference
in a law, regulation, document, or other paper of the
United States to a cooperation agreement or project
cooperation agreement shall be considered to be a ref-
erence to a partnership agreement or a project part-
nership agreement, respectively.
(2) PARTNERSHIP AGREEMENTS.—Any reference
to a partnership agreement or project partnership
agreement in this Act (other than in this section)
shall be considered to be a reference to a cooperation
agreement or a project cooperation agreement, respec-
tively.
SEC. 2040. PROGRAM NAMES.
Section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s) is amended by striking ‘‘SEC. 205. That the’’
and inserting the following:
‘‘SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOOD-
ING AND OBTAIN RISK MINIMIZATION.
‘‘The’’.
Subtitle C—National Levee Safety
Program
SEC. 2051. SHORT TITLE.
This subtitle may be cited as the ‘‘National Levee Safe-
ty Program Act of 2006’’.
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SEC. 2052. DEFINITIONS.
In this subtitle:
(1) 
ASSESSMENT.—The 
term 
‘‘assessment’’
means the periodic engineering evaluation of a levee
by a registered professional engineer to—
(A) review the engineering features of the
levee; and
(B) develop a risk-based performance eval-
uation of the levee, taking into consideration po-
tential consequences of failure or overtopping of
the levee.
(2) COMMITTEE.—The term ‘‘Committee’’ means
the National Levee Safety Committee established by
section 2053(a).
(3) INSPECTION.—The term ‘‘inspection’’ means
an annual review of a levee to verify whether the
owner or operator of the levee is conducting required
operation and maintenance in accordance with estab-
lished levee maintenance standards.
(4) LEVEE.—The term ‘‘levee’’ means an em-
bankment (including a floodwall) that—
(A) is designed, constructed, or operated for
the purpose of flood or storm damage reduction;
(B) reduces the risk of loss of human life or
risk to the public safety; and
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(C) is not otherwise defined as a dam by the
Federal Guidelines for Dam Safety.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army, acting through the Chief
of Engineers.
(6) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
(7) STATE LEVEE SAFETY AGENCY.—The term
‘‘State levee safety agency’’ means the State agency
that has regulatory authority over the safety of any
non-Federal levee in a State.
(8) UNITED STATES.—The term ‘‘United States’’,
when used in a geographical sense, means all of the
States.
SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish
a National Levee Safety Committee, consisting of rep-
resentatives of Federal agencies and State, tribal, and
local governments, in accordance with this subsection.
(2) FEDERAL AGENCIES.—
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(A) IN GENERAL.—The head of each Federal
agency and the head of the International Bound-
ary Waters Commission may designate a rep-
resentative to serve on the Committee.
(B) ACTION BY SECRETARY.—The Secretary
shall ensure, to the maximum extent practicable,
that—
(i) each Federal agency that designs,
owns, operates, or maintains a levee is rep-
resented on the Committee; and
(ii) each Federal agency that has re-
sponsibility for emergency preparedness or
response activities is represented on the
Committee.
(3) 
TRIBAL, 
STATE, 
AND
LOCAL
GOVERN-
MENTS.—
(A) IN GENERAL.—The Secretary shall ap-
point 8 members to the Committee—
(i) 3 of whom shall represent tribal
governments affected by levees, based on rec-
ommendations of tribal governments;
(ii) 3 of whom shall represent State
levee safety agencies, based on recommenda-
tions of Governors of the States; and
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(iii) 2 of whom shall represent local
governments, based on recommendations of
Governors of the States.
(B) REQUIREMENT.—In appointing mem-
bers under subparagraph (A), the Secretary shall
ensure broad geographic representation, to the
maximum extent practicable.
(4) CHAIRPERSON.—The Secretary shall serve as
Chairperson of the Committee.
(5) OTHER MEMBERS.—The Secretary, in con-
sultation with the Committee, may invite to partici-
pate in meetings of the Committee, as appropriate, 1
or more of the following:
(A) Representatives of the National Labora-
tories.
(B) Levee safety experts.
(C) Environmental organizations.
(D) Members of private industry.
(E) Any other individual or entity, as the
Committee determines to be appropriate.
(b) DUTIES.—
(1) IN GENERAL.—The Committee shall—
(A) advise the Secretary in implementing
the national levee safety program under section
2054;
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(B) support the establishment and mainte-
nance of effective programs, policies, and guide-
lines to enhance levee safety for the protection of
human life and property throughout the United
States; and
(C) support coordination and information
exchange between Federal agencies and State
levee safety agencies that share common problems
and responsibilities relating to levee safety, in-
cluding planning, design, construction, oper-
ation, emergency action planning, inspections,
maintenance, regulation or licensing, technical
or financial assistance, research, and data man-
agement.
(c) POWERS.—
(1) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Committee may se-
cure directly from a Federal agency such infor-
mation as the Committee considers to be nec-
essary to carry out this section.
(B) PROVISION OF INFORMATION.—On re-
quest of the Committee, the head of a Federal
agency shall provide the information to the Com-
mittee.
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(2) CONTRACTS.—The Committee may enter into
any contract the Committee determines to be nec-
essary to carry out a duty of the Committee.
(d) WORKING GROUPS.—
(1) IN GENERAL.—The Secretary may establish
working groups to assist the Committee in carrying
out this section.
(2) MEMBERSHIP.—A working group under
paragraph (1) shall be composed of—
(A) members of the Committee; and
(B) any other individual, as the Secretary
determines to be appropriate.
(e) COMPENSATION OF MEMBERS.—
(1) FEDERAL
EMPLOYEES.—A member of the
Committee who is an officer or employee of the
United States shall serve without compensation in ad-
dition to compensation received for the services of the
member as an officer or employee of the United
States.
(2) OTHER MEMBERS.—A member of the Com-
mittee who is not an officer or employee of the United
States shall serve without compensation.
(f) TRAVEL EXPENSES.—
(1) REPRESENTATIVES
OF
FEDERAL
AGEN-
CIES.—To the extent amounts are made available in
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advance in appropriations Acts, a member of the
Committee who represents a Federal agency shall be
reimbursed with appropriations for travel expenses by
the agency of the member, including per diem in lieu
of subsistence, at rates authorized for an employee of
an agency under subchapter I of chapter 57 of title
5, United States Code, while away from home or reg-
ular place of business of the member in the perform-
ance of services for the Committee.
(2) 
OTHER
INDIVIDUALS.—To 
the 
extent
amounts are made available in advance in appro-
priations Acts, a member of the Committee who rep-
resents a State levee safety agency, a member of the
Committee who represents the private sector, and a
member of a working group created under subsection
(d) shall be reimbursed for travel expenses by the Sec-
retary, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under
subchapter 1 of chapter 57 of title 5, United States
Code, while away from home or regular place of busi-
ness of the member in performance of services for the
Committee.
(g) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
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SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.
(a) IN GENERAL.—The Secretary, in consultation with
the Committee and State levee safety agencies, shall estab-
lish and maintain a national levee safety program.
(b) PURPOSES.—The purposes of the program under
this section are—
(1) to ensure that new and existing levees are
safe through the development of technologically and
economically feasible programs and procedures for
hazard reduction relating to levees;
(2) to encourage appropriate engineering policies
and procedures to be used for levee site investigation,
design, construction, operation and maintenance, and
emergency preparedness;
(3) to encourage the establishment and imple-
mentation of effective levee safety programs in each
State;
(4) to develop and support public education and
awareness projects to increase public acceptance and
support of State levee safety programs;
(5) to develop technical assistance materials for
Federal and State levee safety programs;
(6) to develop methods of providing technical as-
sistance relating to levee safety to non-Federal enti-
ties; and
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(7) to develop technical assistance materials,
seminars, and guidelines to improve the security of
levees in the United States.
(c) STRATEGIC PLAN.—In carrying out the program
under this section, the Secretary, in coordination with the
Committee, shall prepare a strategic plan—
(1) to establish goals, priorities, and target dates
to improve the safety of levees in the United States;
(2) to cooperate and coordinate with, and pro-
vide assistance to, State levee safety agencies, to the
maximum extent practicable;
(3) to share information among Federal agencies,
State and local governments, and private entities re-
lating to levee safety; and
(4) to provide information to the public relating
to risks associated with levee failure or overtopping.
(d) FEDERAL GUIDELINES.—
(1) IN GENERAL.—In carrying out the program
under this section, the Secretary, in coordination
with the Committee, shall establish Federal guidelines
relating to levee safety.
(2) INCORPORATION OF FEDERAL ACTIVITIES.—
The Federal guidelines under paragraph (1) shall in-
corporate, to the maximum extent practicable, any
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activity carried out by a Federal agency as of the
date on which the guidelines are established.
(e) INCORPORATION OF EXISTING ACTIVITIES.—The
program under this section shall incorporate, to the max-
imum extent practicable—
(1) any activity carried out by a State or local
government, or a private entity, relating to the con-
struction, operation, or maintenance of a levee; and
(2) any activity carried out by a Federal agency
to support an effort by a State levee safety agency to
develop and implement an effective levee safety pro-
gram.
(f) INVENTORY OF LEVEES.—The Secretary shall de-
velop, maintain, and periodically publish an inventory of
levees in the United States, including the results of any
levee assessment conducted under this section and inspec-
tion.
(g) ASSESSMENTS OF LEVEES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), as soon as practicable after the date of en-
actment of this Act, the Secretary shall conduct an as-
sessment of each levee in the United States that pro-
tects human life or the public safety to determine the
potential for a failure or overtopping of the levee that
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would pose a risk of loss of human life or a risk to
the public safety.
(2) EXCEPTION.—The Secretary may exclude
from assessment under paragraph (1) any non-Fed-
eral levee the failure or overtopping of which would
not pose a risk of loss of human life or a risk to the
public safety.
(3) PRIORITIZATION.—In determining the order
in which to assess levees under paragraph (1), the
Secretary shall give priority to levees the failure or
overtopping of which would constitute the highest risk
of loss of human life or a risk to the public safety,
as determined by the Secretary.
(4) DETERMINATION.—In assessing levees under
paragraph (1), the Secretary shall take into consider-
ation the potential of a levee to fail or overtop because
of—
(A) hydrologic or hydraulic conditions;
(B) storm surges;
(C) geotechnical conditions;
(D) inadequate operating procedures;
(E) structural, mechanical, or design defi-
ciencies; or
(F) other conditions that exist or may occur
in the vicinity of the levee.