379
‘‘(118) CLARK COUNTY, NEVADA.—$30,000,000 
for wastewater infrastructure, Clark County, Ne-
vada. 
‘‘(119) HENDERSON, NEVADA.—$5,000,000 for 
wastewater infrastructure, Henderson, Nevada. 
‘‘(120) PATERSON, NEW JERSEY.—$35,000,000 
for wastewater infrastructure, Paterson, New Jer-
sey. 
‘‘(121) 
ELLICOTTVILLE, 
NEW
YORK.—
$2,000,000 for water supply, water, and wastewater 
infrastructure in Ellicottville, New York. 
‘‘(122) SENNETT, NEW YORK.—$1,500,000 for 
water infrastructure, Town of Sennett, New York. 
‘‘(123) WELLSVILLE, NEW YORK.—$2,000,000 
for water supply, water, and wastewater infrastruc-
ture in Wellsville, New York. 
‘‘(124) 
SPRINGPORT
AND
FLEMING, 
NEW 
YORK.—$10,000,000 for water related infrastruc-
ture, including water mains, pump stations, and 
water storage tanks, Springport and Fleming, New 
York. 
‘‘(125) CABARRUS
COUNTY, 
NORTH
CARO-
LINA.—$4,500,000 for water related infrastructure, 
Cabarrus County, North Carolina.
380
‘‘(126) 
CHARLOTTE, 
NORTH
CAROLINA.—
$11,000,000 for phase II of the Briar Creek waste-
water project, Charlotte, North Carolina. 
‘‘(127) RICHMOND
COUNTY, 
NORTH
CARO-
LINA.—$13,500,000 for water related infrastructure, 
Richmond County, North Carolina. 
‘‘(128) UNION
COUNTY, NORTH
CAROLINA.—
$6,000,000 for wastewater infrastructure, Union 
County, North Carolina. 
‘‘(129) 
SAIPAN, 
NORTHERN
MARIANA
IS-
LANDS.—$20,000,000 for water related infrastruc-
ture, Saipan, Northern Mariana Islands. 
‘‘(130) LAKE COUNTY, OHIO.—$1,500,000 for 
wastewater infrastructure, Lake County, Ohio. 
‘‘(131) 
MENTOR-ON-LAKE, 
OHIO.—$625,000 
for water and wastewater infrastructure, Mentor-on-
Lake, Ohio. 
‘‘(132) WILLOWICK, OHIO.—$665,000 for water 
and wastewater infrastructure, Willowick, Ohio. 
‘‘(133) ALBANY, OREGON.—$35,000,000 for 
wastewater infrastructure to improve habitat res-
toration, Albany, Oregon. 
‘‘(134) BOROUGH OF STOCKERTON, BOROUGH 
OF
TATAMY, AND
PALMER
TOWNSHIP, PENNSYL-
VANIA.—$10,000,000 for stormwater control meas-
381
ures, particularly to address sinkholes, in the vicinity 
of the Borough of Stockerton, the Borough of 
Tatamy, and Palmer Township, Pennsylvania. 
‘‘(135) HATFIELD BOROUGH, PENNSYLVANIA.—
$310,000 for wastewater related infrastructure for 
Hatfield Borough, Pennsylvania. 
‘‘(136) LEHIGH
COUNTY, 
PENNSYLVANIA.—
$5,000,000 for stormwater control measures and 
storm sewer improvements, Lehigh County, Pennsyl-
vania. 
‘‘(137) NORTH
WALES
BOROUGH, PENNSYL-
VANIA.—$1,516,584 for wastewater related infra-
structure for North Wales Borough, Pennsylvania. 
‘‘(138) 
PEN
ARGYL, 
PENNSYLVANIA.—
$5,250,000 for wastewater infrastructure, Pen 
Argyl, Pennsylvania. 
‘‘(139) 
PHILADELPHIA, 
PENNSYLVANIA.—
$1,600,000 for wastewater related infrastructure for 
Philadelphia, Pennsylvania. 
‘‘(140) 
VERA
CRUZ, 
PENNSYLVANIA.—
$5,500,000 for wastewater infrastructure, Vera 
Cruz, Pennsylvania. 
‘‘(141) COMMONWEALTH OF PUERTO RICO.—
$35,000,000 for water and wastewater infrastruc-
ture in the Commonwealth of Puerto Rico.
382
‘‘(142) 
CHARLESTON, 
SOUTH
CAROLINA.—
$1,000,000 for stormwater control measures and 
storm sewer improvements, Spring Street/Fishburne 
Street drainage project, Charleston, South Carolina. 
‘‘(143) CROOKED CREEK, MARLBORO COUNTY, 
SOUTH CAROLINA.—$25,000,000 for a project for 
water storage and water supply infrastructure on 
Crooked Creek, Marlboro County, South Carolina. 
‘‘(144) MYRTLE
BEACH, SOUTH
CAROLINA.—
$8,000,000 for environmental infrastructure, includ-
ing ocean outfalls, Myrtle Beach, South Carolina. 
‘‘(145) NORTH MYRTLE BEACH, SOUTH CARO-
LINA.—$8,000,000 for environmental infrastructure, 
including ocean outfalls, North Myrtle Beach, South 
Carolina. 
‘‘(146) 
SURFSIDE, 
SOUTH
CAROLINA.—
$8,000,000 for environmental infrastructure, includ-
ing stormwater system improvements and ocean out-
falls, Surfside, South Carolina. 
‘‘(147) ATHENS, TENNESSEE.—$16,000,000 for 
wastewater infrastructure, Athens, Tennessee. 
‘‘(148) CENTRAL
TEXAS.—$20,000,000 for 
water and wastewater infrastructure in Bosque, 
Brazos, Burleson, Grimes, Hill, Hood, Johnson,
383
Madison, McLennan, Limestone, Robertson, and 
Somervell Counties, Texas. 
‘‘(149) 
EL
PASO
COUNTY, 
TEXAS.—
$25,000,000 for water related infrastructure and re-
source protection, including stormwater manage-
ment, and development, El Paso County, Texas. 
‘‘(150) 
FT. 
BEND
COUNTY, 
TEXAS.—
$20,000,000 for water and wastewater infrastruc-
ture, Ft. Bend County, Texas. 
‘‘(151) DUCHESNE, IRON, AND UINTAH COUN-
TIES, UTAH.—$10,800,000 for water related infra-
structure, Duchesne, Iron, and Uintah Counties, 
Utah. 
‘‘(152) 
NORTHERN
WEST
VIRGINIA.—
$20,000,000 for water and wastewater infrastruc-
ture in Hancock, Ohio, Marshall, Wetzel, Tyler, 
Pleasants, Wood, Doddridge, Monongalia, Marion, 
Harrison, Taylor, Barbour, Preston, Tucker, Min-
eral, Grant, Gilmer, Brooke, Ritchie Counties, West 
Virginia. 
‘‘(153) UNITED
STATES
VIRGIN
ISLANDS.—
$25,000,000 for wastewater infrastructure for the 
St. Croix Anguilla wastewater treatment plant and 
the St. Thomas Charlotte Amalie wastewater treat-
ment plant, United States Virgin Islands.
384
‘‘(154) CHEYENNE RIVER SIOUX RESERVATION 
(DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND 
MEADE
COUNTIES, SOUTH
DAKOTA.—$25,000,000 
for water supply infrastructure for the Cheyenne 
River Sioux Reservation in Dewey and Ziebach 
Counties, and for communities in Perkins and 
Meade Counties, South Dakota.’’. 
TITLE VI—FLORIDA 
EVERGLADES 
SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR-
IDA. 
(a) MODIFICATION.—The project for Hillsboro and 
Okeechobee Aquifer, Florida, authorized by section 
101(a)(16) of the Water Resources Development Act of 
1999 (113 Stat. 276), is modified to authorize the Sec-
retary to carry out the project at a total cost of 
$42,500,000. 
(b) TREATMENT.—Section 601(b)(2)(A) of the Water 
Resources Development Act of 2000 (114 Stat. 2681) is 
amended—
(1) in clause (i) by adding at the end the fol-
lowing: ‘‘The project for aquifer storage and recov-
ery, Hillsboro and Okeechobee Aquifer, Florida, au-
thorized by section 101(a)(16) of the Water Re-
sources Development Act of 1999 (113 Stat. 276),
385
shall be treated for purposes of this section as being 
in the Plan, except that operation and maintenance 
costs of the project shall remain a non-Federal re-
sponsibility.’’; and 
(2) in clause (iii) by inserting after ‘‘subpara-
graph (B)’’ the following: ‘‘and the project for aqui-
fer storage and recovery, Hillsboro and Okeechobee 
Aquifer’’. 
SEC. 6002. PILOT PROJECTS. 
Section 601(b)(2)(B) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2681) is amended—
(1) in the matter preceding clause (i)—
(A) by striking ‘‘$69,000,000’’ and insert-
ing ‘‘$71,200,000’’; and 
(B) by striking ‘‘$34,500,000’’ each place 
it appears and inserting ‘‘$35,600,000’’; and 
(2) in clause (i)—
(A) by striking ‘‘$6,000,000’’ and inserting 
‘‘$8,200,000’’; and 
(B) by striking ‘‘$3,000,000’’ each place it 
appears and inserting ‘‘$4,100,000’’. 
SEC. 6003. INITIAL PROJECTS. 
Section 601(b)(2)(C) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2682) is amended—
386
(1) in the matter preceding clause (i) by strik-
ing ‘‘at a total cost of $1,100,918,000’’ and all that 
follows before the colon; 
(2) in clause (iv)—
(A) by striking ‘‘$100,335,000’’ and in-
serting ‘‘$162,630,000’’; and 
(B) by striking ‘‘$50,167,500’’ each place 
it appears and inserting ‘‘$81,315,000’’; 
(3) in clause (v)—
(A) by striking ‘‘$124,837,000’’ and in-
serting ‘‘$385,010,000’’; and 
(B) by striking ‘‘$62,418,500’’ each place 
it appears and inserting ‘‘$192,505,000’’; and 
(4) in clause (vi)—
(A) by striking ‘‘$89,146,000’’ and insert-
ing ‘‘$199,340,000’’; and 
(B) by striking ‘‘$44,573,000’’ each place 
it appears and inserting ‘‘$99,670,000’’. 
SEC. 6004. MAXIMUM COSTS. 
(a) 
MAXIMUM
COST
OF
PROJECTS.—Section 
601(b)(2)(E) of the Water Resources Development Act of 
2000 (114 Stat. 2683) is amended by inserting ‘‘and sec-
tion (d)’’ before the period at the end.
387
(b) MAXIMUM COST OF PROGRAM AUTHORITY.—Sec-
tion 601(c)(3) of such Act (114 Stat. 2684) is amended 
by adding at the end the following: 
‘‘(C) MAXIMUM
COST
OF
PROGRAM
AU-
THORITY.—Section 902 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2280) 
shall apply to the individual project funding 
limits in subparagraph (A) and the aggregate 
cost limits in subparagraph (B).’’. 
SEC. 6005. PROJECT AUTHORIZATION. 
Section 601(d) of the Water Resources Development 
Act of 2000 (114 Stat. 2684) is amended by adding at 
the end the following: 
‘‘(3) PROJECT AUTHORIZATION.—The following 
project for water resources development and con-
servation and other purposes is authorized to be car-
ried out by the Secretary substantially in accordance 
with the plans, and subject to the conditions, de-
scribed in the report designated in this paragraph: 
‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR-
IDA.—The project for ecosystem restoration, 
water supply, flood damage reduction, and pro-
tection of water quality, Indian River Lagoon 
South, Florida: Report of the Chief of Engi-
neers dated August 6, 2004, at a total cost of
388
$1,365,000,000, with an estimated Federal cost 
of $682,500,000 and an estimated non-Federal 
cost of $682,500,000. 
‘‘(B) PICAYUNE STRAND, FLORIDA.—The 
project for environmental restoration, Picayune 
Strand, Florida: Report of the Chief of Engi-
neers dated September 15, 2005, at a total cost 
of $375,330,000, with an estimated Federal 
cost of $187,665,000 and an estimated non-
Federal cost of $187,665,000. 
‘‘(C) SITE 1 IMPOUNDMENT, FLORIDA.—
The project for environmental restoration, Site 
1 Impoundment, Florida: Report of the Chief of 
Engineers dated December 19, 2006, at a total 
cost of $80,840,000, with an estimated Federal 
cost of $40,420,000 and an estimated non-Fed-
eral cost of $40,420,000.’’. 
SEC. 6006. CREDIT. 
Section 601(e)(5)(B) of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2685) is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of sub-
clause (I); 
(B) by adding ‘‘or’’ at the end of subclause 
(II); and
389
(C) by adding at the end the following: 
‘‘(III) the credit is provided for work 
carried out before the date of the partner-
ship agreement between the Secretary and 
the non-Federal sponsor, as defined in an 
agreement between the Secretary and the 
non-Federal sponsor providing for such 
credit;’’; and 
(2) in clause (ii)—
(A) by striking ‘‘design agreement or the 
project cooperation’’; and 
(B) by inserting before the semicolon the 
following: ‘‘, including in the case of credit pro-
vided under clause (i)(III) conditions relating to 
design and construction’’. 
SEC. 6007. OUTREACH AND ASSISTANCE. 
Section 601(k) of the Water Resources Development 
Act of 2000 (114 Stat. 2691) is amended by adding at 
the end the following: 
‘‘(3) MAXIMUM
EXPENDITURES.—The Sec-
retary may expend up to $3,000,000 per fiscal year 
for fiscal years beginning after September 30, 2004, 
to carry out this subsection.’’.
390
SEC. 6008. CRITICAL RESTORATION PROJECTS. 
Section 528(b)(3)(C) of the Water Resources Devel-
opment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is 
amended—
(1) in clause (i) by striking ‘‘$75,000,000’’ and 
all that follows through ‘‘2003’’ and inserting 
‘‘$95,000,000’’; and 
(2) in clause (ii) by striking ‘‘$25,000,000’’ and 
inserting ‘‘$30,000,000’’. 
SEC. 6009. MODIFIED WATER DELIVERIES. 
(a) IN GENERAL.—The project, Modified Water De-
liveries to Everglades National Park, authorized by section 
104 of the Everglades National Park Protection and Ex-
pansion Act of 1989 (16 U.S.C. 410r-8), as described in 
the General Design Memorandum and Environmental Im-
pact Statement for Modified Water Deliveries to Ever-
glades National Park, June 1992, is modified to authorize 
the Secretary to construct the project substantially in ac-
cordance with the Revised General Reevaluation Report/
Second Supplemental Environmental Impact Statement 
for the Tamiami Trail Modifications, Modified Water De-
liveries to Everglades National Park, August 2005, at a 
total cost of $144,131,000. 
(b) USE OF FUNDS.—Funds made available under 
section 102(f) of the Everglades National Park Protection 
and Expansion Act of 1989 (16 U.S.C. 410r–6), may be
391
used to carry out the project modification under sub-
section (a). 
(c) SOURCE AND ALLOCATION OF FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), Federal costs incurred for construction of 
the project modification under subsection (a) on or 
after October 1, 2004, shall be shared equally be-
tween the Secretary and the Secretary of the Inte-
rior. 
(2) ACCEPTANCE
AND
USE
OF
FUNDS.—The 
Secretary may accept and expend funds, without 
further appropriation, provided from another Fed-
eral agency or from non-Federal interests for con-
struction of the project modification under sub-
section (a) or for carrying out such other work that 
the Secretary determines to be appropriate and con-
sistent with authorized purposes of the modified 
project. 
SEC. 6010. DEAUTHORIZATIONS. 
The following projects are not authorized after the 
date of enactment of this Act: 
(1) The uncompleted portions of the project for 
the C–44 Basin Storage Reservoir of the Com-
prehensive Everglades Restoration Plan, authorized 
by section 601(b)(2)(C)(i) of the Water Resources
392
Development Act of 2000 (114 Stat. 2682), at a 
total cost of $147,800,000, with an estimated Fed-
eral cost of $73,900,000 and an estimated non-Fed-
eral cost of $73,900,000. 
(2) The uncompleted portions of the Martin 
County, Florida, modifications to the project for 
Central and Southern Florida, authorized by section 
203 of the Flood Control Act of 1968 (82 Stat. 
740), at a total cost of $15,471,000, with an esti-
mated Federal cost of $8,073,000 and an estimated 
non-Federal cost of $7,398,000. 
(3) The uncompleted portions of the East Coast 
Backpumping, St. Lucie–Martin County, Spillway 
Structure S–311 modifications to the project for 
Central and Southern Florida, authorized by section 
203 of the Flood Control Act of 1968 (82 Stat. 
740), at a total cost of $77,118,000, with an esti-
mated Federal cost of $55,124,000 and an esti-
mated non-Federal cost of $21,994,000. 
SEC. 6011. REGIONAL ENGINEERING MODEL FOR ENVIRON-
MENTAL RESTORATION. 
(a) IN GENERAL.—The Secretary shall complete the 
development and testing of the regional engineering model 
for environmental restoration as expeditiously as prac-
ticable.
393
(b) USAGE.—The Secretary shall consider using, as 
appropriate, the regional engineering model for environ-
mental restoration in the development of future water re-
source projects, including projects developed pursuant to 
section 601 of the Water Resources Development Act of 
2000 (114 Stat. 2680). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 to carry out 
subsection (a). 
TITLE VII—LOUISIANA COASTAL 
AREA 
SEC. 7001. DEFINITIONS. 
In this title, the following definitions apply: 
(1) COASTAL
LOUISIANA
ECOSYSTEM.—The 
term ‘‘coastal Louisiana ecosystem’’ means the 
coastal area of Louisiana from the Sabine River on 
the west to the Pearl River on the east, including 
those parts of the Deltaic Plain and the Chenier 
Plain included within the study area of the Plan. 
(2) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the State of Louisiana. 
(3) PLAN.—The term ‘‘Plan’’ means the report 
of the Chief of Engineers for ecosystem restoration 
for the Louisiana Coastal Area dated January 31, 
2005.
394
(4) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Coastal Louisiana Ecosystem Protection 
and Restoration Task Force established by section 
7003. 
SEC. 7002. COMPREHENSIVE PLAN. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Governor, shall develop a comprehensive plan for 
protecting, preserving, and restoring the coastal Louisiana 
ecosystem. 
(b) INTEGRATION OF PLAN INTO COMPREHENSIVE 
HURRICANE PROTECTION STUDY.—In developing the 
comprehensive plan, the Secretary shall integrate the plan 
into the analysis and design of the comprehensive hurri-
cane protection study authorized by title I of the Energy 
and Water Development Appropriations Act, 2006 (Public 
Law 109–103; 119 Stat. 2247). 
(c) CONSISTENCY WITH COMPREHENSIVE COASTAL 
PROTECTION MASTER PLAN.—In developing the com-
prehensive plan, the Secretary shall ensure that the plan 
is consistent with the goals, analysis, and design of the 
comprehensive coastal protection master plan authorized 
and defined pursuant to Act 8 of the First Extraordinary 
Session of the Louisiana State Legislature, 2005, includ-
ing—
395
(1) investigation and study of the maximum ef-
fective use of the water and sediment of the Mis-
sissippi and Atchafalaya Rivers for coastal restora-
tion purposes consistent with flood control and navi-
gation; 
(2) a schedule for the design and implementa-
tion of large-scale water and sediment reintroduction 
projects and an assessment of funding needs from 
any source; and 
(3) an investigation and assessment of alter-
ations in the operation of the Old River Control 
Structure, consistent with flood control and naviga-
tion purposes. 
(d) INCLUSIONS.—The comprehensive plan shall in-
clude a description of—
(1) the framework of a long-term program inte-
grated with hurricane and storm damage reduction, 
flood damage reduction, and navigation activities 
that provide for the comprehensive protection, con-
servation, and restoration of the wetlands, estuaries 
(including the Barataria-Terrebonne estuary), bar-
rier islands, shorelines, and related land and fea-
tures of the coastal Louisiana ecosystem, including 
protection of critical resources, habitat, and infra-
396
structure from the effects of a coastal storm, a hur-
ricane, erosion, or subsidence; 
(2) the means by which a new technology, or an 
improved technique, can be integrated into the pro-
gram referred to in paragraph (1); 
(3) the role of other Federal and State agencies 
and programs in carrying out such program; 
(4) specific, measurable ecological success cri-
teria by which success of the plan will be measured; 
and 
(5) proposed projects in order of priority as de-
termined by their respective potential to contribute 
to—
(A) creation of coastal wetlands; and 
(B) flood protection of communities ranked 
by population density and level of protection. 
(e) CONSIDERATIONS.—In developing the comprehen-
sive plan, the Secretary shall consider the advisability of 
integrating into the program referred to in subsection 
(d)(1)—
(1) any related Federal or State project being 
carried out on the date on which the plan is devel-
oped; 
(2) any activity in the Plan; or 
(3) any other project or activity identified in—
397
(A) the Mississippi River and Tributaries 
program; 
(B) the Louisiana Coastal Wetlands Con-
servation Plan; 
(C) the Louisiana Coastal Zone Manage-
ment Plan; or 
(D) the plan of the State of Louisiana en-
titled ‘‘Integrated Ecosystem Restoration and 
Hurricane Protection—Louisiana’s Comprehen-
sive Master Plan for a Sustainable Coast’’. 
(f) REPORTS TO CONGRESS.—
(1) INITIAL REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a report containing 
the comprehensive plan. 
(2) UPDATES.—Not later that 5 years after the 
date of submission of a report under paragraph (1), 
and at least once every 5 years thereafter until im-
plementation of the comprehensive plan is complete, 
the Secretary shall submit to Congress a report con-
taining an update of the plan and an assessment of 
the progress made in implementing the plan. 
SEC. 7003. LOUISIANA COASTAL AREA. 
(a) IN GENERAL.—The Secretary may carry out a 
program for ecosystem restoration, Louisiana Coastal
398
Area, Louisiana, substantially in accordance with the re-
port of the Chief of Engineers, dated January 31, 2005. 
(b) PRIORITIES.—
(1) IN GENERAL.—In carrying out the program 
under subsection (a), the Secretary shall give pri-
ority to—
(A) any portion of the program identified 
in the report described in subsection (a) as a 
critical restoration feature; 
(B) any Mississippi River diversion project 
that—
(i) will protect a major population 
area of the Pontchartain, Pearl, Breton 
Sound, Barataria, or Terrebonne basins; 
and 
(ii) will produce an environmental 
benefit to the coastal Louisiana ecosystem; 
(C) any barrier island, or barrier shoreline, 
project that—
(i) will be carried out in conjunction 
with a Mississippi River diversion project; 
and 
(ii) will protect a major population 
area;
399
(D) any project that will reduce storm 
surge and prevent or reduce the risk of loss of 
human life and the risk to public safety; and 
(E) a project to physically modify the Mis-
sissippi River-Gulf outlet and to restore the 
areas affected by the Mississippi River-Gulf 
outlet in accordance with the comprehensive 
plan to be developed under section 7002(a), 
subject to the conditions and recommendations 
in a final report of the Chief of Engineers. 
SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION 
AND RESTORATION TASK FORCE. 
(a) ESTABLISHMENT.—There is established a task 
force to be known as the Coastal Louisiana Ecosystem 
Protection and Restoration Task Force (in this section re-
ferred to as the ‘‘Task Force’’). 
(b) MEMBERSHIP.—The Task Force shall consist of 
the following members (or, in the case of the head of a 
Federal agency, a designee at the level of Assistant Sec-
retary or an equivalent level): 
(1) The Secretary. 
(2) The Secretary of the Interior. 
(3) The Secretary of Commerce. 
(4) The Administrator of the Environmental 
Protection Agency.
400
(5) The Secretary of Agriculture. 
(6) The Secretary of Transportation. 
(7) The Secretary of Energy. 
(8) The Director of the Federal Emergency 
Management Agency. 
(9) The Commandant of the Coast Guard. 
(10) The Coastal Advisor to the Governor. 
(11) The Secretary of the Louisiana Depart-
ment of Natural Resources. 
(12) A representative of the Governor’s Advi-
sory Commission on Coastal Restoration and Con-
servation. 
(c) DUTIES.—The Task Force shall make rec-
ommendations to the Secretary regarding—
(1) 
policies, 
strategies, 
plans, 
programs, 
projects, and activities for addressing conservation, 
protection, restoration, and maintenance of the 
coastal Louisiana ecosystem; 
(2) financial participation by each agency rep-
resented on the Task Force in conserving, pro-
tecting, restoring, and maintaining the coastal Lou-
isiana ecosystem, including recommendations—
(A) that identify funds from current agen-
cy missions and budgets; and
401
(B) for coordinating individual agency 
budget requests; and 
(3) the comprehensive plan to be developed 
under section 7002(a). 
(d) REPORT.—The Task Force shall submit to Con-
gress a biennial report that summarizes the activities of 
the Task Force. 
(e) WORKING GROUPS.—
(1) GENERAL
AUTHORITY.—The Task Force 
may establish such working groups as the Task 
Force determines to be necessary to assist the Task 
Force in carrying out this section. 
(2) HURRICANES KATRINA AND RITA.—
(A) IN GENERAL.—The Task Force may 
establish a working group for the purpose of 
advising the Task Force of opportunities to in-
tegrate the planning, engineering, design, im-
plementation, and performance of Corps of En-
gineers projects for hurricane and storm dam-
age reduction, flood damage reduction, eco-
system restoration, and navigation in those 
areas in Louisiana for which a major disaster 
has been declared by the President as a result 
of Hurricane Katrina or Rita.
402
(B) EXPERTISE; 
REPRESENTATION.—In 
establishing the working group under subpara-
graph (A), the Task Force shall ensure that the 
group—
(i) has expertise in coastal estuaries, 
diversions, coastal restoration and wetlands 
protection, ecosystem restoration, hurri-
cane protection, storm damage reduction 
systems, navigation, and ports; and 
(ii) represents the State of Louisiana 
and local governments in south Louisiana. 
(f) COMPENSATION.—Members of the Task Force 
and members of a working group established by the Task 
Force may not receive compensation for their services as 
members of the Task Force or working group, as the case 
may be. 
(g) TRAVEL EXPENSES.—Travel expenses incurred 
by members of the Task Force and members of a working 
group established by the Task Force, in the performance 
of their service on the Task Force or working group, as 
the case may be, shall be paid by the agency or entity 
that the member represents. 
(h) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to
403
the Task Force or any working group established by the 
Task Force. 
SEC. 7005. PROJECT MODIFICATIONS. 
(a) REVIEW.—The Secretary, in cooperation with the 
non-Federal interest of the project involved, shall review 
each Federally-authorized water resources project in the 
coastal Louisiana ecosystem being carried out or com-
pleted as of the date of enactment of this Act to determine 
whether the project needs to be modified—
(1) under the program authorized by section 
7003; or 
(2) to contribute to ecosystem restoration under 
section 7003. 
(b) MODIFICATIONS.—Subject to subsections (c) and 
(d), the Secretary may carry out the modifications de-
scribed in subsection (a). 
(c) PUBLIC NOTICE AND COMMENT.—Before com-
pleting the report required under subsection (d), the Sec-
retary shall provide an opportunity for public notice and 
comment. 
(d) REPORT.—
(1) IN GENERAL.—Before modifying an oper-
ation or feature of a project under subsection (b), 
the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of
404
Representatives and the Committee on Environment 
and Public Works of the Senate a report describing 
the modification. 
(2) INCLUSION.—A report describing a modi-
fication under paragraph (1) shall include such in-
formation relating to the timeline for and cost of the 
modification, as the Secretary determines to be rel-
evant. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000. 
SEC. 7006. CONSTRUCTION. 
(a) SCIENCE AND TECHNOLOGY.—
(1) IN
GENERAL.—The Secretary shall carry 
out a coastal Louisiana ecosystem program substan-
tially in accordance with the Plan, at a total cost of 
$100,000,000. 
(2) PURPOSES.—The purposes of the program 
under paragraph (1) shall be—
(A) to identify any uncertainty relating to 
the physical, chemical, geological, biological, 
and cultural baseline conditions in coastal Lou-
isiana ecosystem; 
(B) to improve knowledge of the physical, 
chemical, geological, biological, and cultural
405
baseline conditions in coastal Louisiana eco-
system; and 
(C) to identify and develop technologies, 
models, and methods to carry out this sub-
section. 
(3) WORKING GROUPS.—The Secretary may es-
tablish such working groups as the Secretary deter-
mines to be necessary to assist the Secretary in car-
rying out this subsection. 
(4) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—In carrying out this subsection, the Sec-
retary may enter into a contract or cooperative 
agreement with an individual or entity (including a 
consortium of academic institutions in Louisiana) 
with scientific or engineering expertise in the res-
toration of aquatic and marine ecosystems for coast-
al restoration and enhancement through science and 
technology. 
(5) APPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE
ACT.—A working group established 
under this subsection shall not be considered to be 
an advisory committee under the Federal Advisory 
Committee Act (5 U.S.C. App.). 
(b) DEMONSTRATION PROJECTS.—
406
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may carry out demonstration projects 
substantially in accordance with the Plan and within 
the coastal Louisiana ecosystem for the purpose of 
resolving critical areas of scientific or technological 
uncertainty related to the implementation of the 
comprehensive plan to be developed under section 
7002(a). 
(2) MAXIMUM COST.—
(A) TOTAL COST.—The total cost for plan-
ning, design, and construction of all projects 
under 
this 
subsection 
shall 
not 
exceed 
$100,000,000. 
(B) INDIVIDUAL PROJECT.—The total cost 
of an individual project under this subsection 
shall not exceed $25,000,000. 
(c) INITIAL PROJECTS.—
(1) IN GENERAL.—The Secretary is authorized 
to carry out the following projects substantially in 
accordance with the Plan: 
(A) Mississippi River Gulf Outlet environ-
mental 
restoration 
at 
a 
total 
cost 
of 
$105,300,000. 
(B) Small diversion at Hope Canal at a 
total cost of $68,600,000.
407
(C) Barataria basin barrier shoreline res-
toration at a total cost of $242,600,000. 
(D) Small Bayou Lafourche reintroduction 
at a total cost of $133,500,000. 
(E) Medium diversion at Myrtle Grove 
with dedicated dredging at a total cost of 
$278,300,000. 
(2) MODIFICATIONS.—
(A) IN GENERAL.—In carrying out each 
project under paragraph (1), the Secretary shall 
carry out such modifications as may be nec-
essary to the ecosystem restoration features 
identified in the Plan to address the impacts of 
Hurricanes Katrina and Rita on the areas of 
the project. 
(B) INTEGRATION.—The Secretary shall 
ensure that each modification under subpara-
graph (A) is taken into account in conducting 
the study of comprehensive hurricane protection 
authorized by title I of the Energy and Water 
Development Appropriations Act, 2006 (119 
Stat. 2247). 
(3) CONSTRUCTION REPORTS.—Before the Sec-
retary may begin construction of any project under 
this subsection, the Secretary shall submit a report
408
documenting any modifications to the project, in-
cluding cost changes, to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate. 
(4) APPLICABILITY OF OTHER PROVISIONS.—
Notwithstanding section 902 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2280), the cost 
of a project described in paragraph (1) and any 
modifications to the project shall not exceed 150 
percent of the cost of such project set forth in para-
graph (1). 
(d) BENEFICIAL USE OF DREDGED MATERIAL.—The 
Secretary, substantially in accordance with the Plan, shall 
implement in the coastal Louisiana ecosystem a program 
for the beneficial use of material dredged from federally 
maintained waterways at a total cost of $100,000,000. 
(e) ADDITIONAL PROJECTS.—
(1) IN GENERAL.—The Secretary is authorized 
to carry out a project for ecosystem restoration for 
the Chenier Plain, Louisiana, and the following 
projects referred to in the Plan if the Secretary de-
termines such projects are feasible:
409
(A) Land Bridge between Caillou Lake and 
the Gulf of Mexico at a total cost of 
$56,300,000. 
(B) Gulf Shoreline at Point Au Fer Island 
at a total cost of $43,400,000. 
(C) Modification of Caernarvon Diversion 
at a total cost of $20,700,000. 
(D) Modification of Davis Pond Diversion 
at a total cost of $64,200,000. 
(2) REPORTS.—Not later than December 31, 
2009, the Secretary shall submit feasibility reports 
on the projects described in paragraph (1) to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
(3) CONSTRUCTION.—No appropriations shall 
be made to construct any project under this sub-
section if the report under paragraph (2) has not 
been approved by resolutions adopted by the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate. 
SEC. 7007. NON-FEDERAL COST SHARE. 
(a) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of a study or project under
410
this title the cost of work carried out in the coastal Lou-
isiana ecosystem by the non-Federal interest before the 
date of the execution of the partnership agreement for the 
study or project if the Secretary determines that the work 
is integral to the study or project. 
(b) SOURCES OF FUNDS.—The non-Federal interest 
may use, and the Secretary shall accept, funds provided 
under any other Federal program to satisfy, in whole or 
in part, the non-Federal share of the construction of any 
project carried out under this title if such funds are au-
thorized to be used to carry out such project. 
(c) TREATMENT OF CREDIT BETWEEN PROJECTS.—
Any credit provided under this section toward the non-
Federal share of the cost of a study or project under this 
title may be applied toward the non-Federal share of the 
cost of any other study or project under this title. 
(d) PERIODIC MONITORING.—
(1) IN GENERAL.—To ensure that the contribu-
tions of the non-Federal interest equal the non-Fed-
eral share of the cost of a study or project under 
this title during each 5-year period beginning after 
the date of commencement of the first study or 
project under this title, the Secretary shall—
(A) monitor for each study or project 
under this title the non-Federal provision of
411
cash, in-kind services and materials, and land, 
easements, rights-of-way, relocations, and dis-
posal areas; and 
(B) manage the requirement of the non-
Federal interest to provide for each such study 
or project cash, in-kind services and materials, 
and land, easements, rights-of-way, relocations, 
and disposal areas. 
(2) OTHER MONITORING.—The Secretary shall 
conduct monitoring separately for the study phase, 
construction phase, preconstruction engineering and 
design phase, and planning phase for each project 
authorized on or after date of enactment of this Act 
for all or any portion of the coastal Louisiana eco-
system. 
(e) AUDITS.—Credit for land, easements, rights-of-
way, relocations, and disposal areas (including land value 
and incidental costs) provided under this section, and the 
cost of work provided under this section, shall be subject 
to audit by the Secretary. 
SEC. 7008. PROJECT JUSTIFICATION. 
(a) IN GENERAL.—Notwithstanding section 209 of 
the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 
other provision of law, in carrying out any project or activ-
ity under this title or any other provision of law to protect,
412
conserve, and restore the coastal Louisiana ecosystem, the 
Secretary may determine that—
(1) the project or activity is justified by the en-
vironmental benefits derived by the coastal Lou-
isiana ecosystem; and 
(2) no further economic justification for the 
project or activity is required if the Secretary deter-
mines that the project or activity is cost effective. 
(b) LIMITATION ON APPLICABILITY.—Subsection (a) 
shall not apply to any separable element of a project in-
tended to produce benefits that are predominantly unre-
lated to the protection, preservation, and restoration of the 
coastal Louisiana ecosystem. 
SEC. 7009. INDEPENDENT REVIEW. 
The Secretary shall establish the Louisiana Water 
Resources Council which shall serve as the exclusive peer 
review panel for projects under this title as required by 
section 2037 of this Act. 
SEC. 7010. EXPEDITED REPORTS. 
The Secretary shall expedite completion of the re-
ports for the following projects and, if the Secretary deter-
mines that a project is justified in the completed report, 
proceed directly to project preconstruction engineering 
and design:
413
(1) The projects identified in the study of com-
prehensive hurricane protection authorized by title I 
of the Energy and Water Development Appropria-
tions Act, 2006 (119 Stat. 2447). 
(2) A project for ecosystem restoration for the 
Chenier Plain, Louisiana. 
(3) The project for Multipurpose Operation of 
Houma Navigation Lock. 
(4) The project for Terrebonne Basin Barrier 
Shoreline Restoration. 
(5) The project for Small Diversion at Convent/
Blind River. 
(6) The project for Amite River Diversion 
Canal Modification. 
(7) The project for Medium Diversion at 
White’s Ditch. 
(8) The project to convey Atchafalaya River 
Water to Northern Terrebonne Marshes. 
(9) The projects identified in the Southwest 
Coastal Louisiana hurricane and storm damage re-
duction study authorized by the Committee on 
Transportation and Infrastructure of the House of 
Representatives on December 7, 2005.
414
SEC. 7011. REPORTING. 
(a) IN GENERAL.—Not later than 6 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report in-
cluding a description of—
(1) the projects authorized and undertaken 
under this title; 
(2) the construction status of the projects; 
(3) the cost to date and the expected final cost 
of each project undertaken under this title; and 
(4) the benefits and environmental impacts of 
the projects. 
(b) EXTERNAL REVIEW.—The Secretary shall enter 
into a contract with the National Academy of Sciences 
under which the National Academy of Sciences shall per-
form and submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate an external review of the demonstration program au-
thorized by subsection 7006(b). 
SEC. 7012. NEW ORLEANS AND VICINITY. 
(a) IN GENERAL.—The Secretary is authorized to—
(1) raise levee heights where necessary and oth-
erwise enhance the Lake Pontchartrain and Vicinity
415
Project and the West Bank and Vicinity Project to 
provide the levels of protection necessary to achieve 
the certification required for participation in the na-
tional flood insurance program under the National 
Flood Insurance Act of 1965 (42 U.S.C. 2001 et 
seq.); 
(2) modify the 17th Street, Orleans Avenue, 
and London Avenue drainage canals and install 
pumps and closure structures at or near the lake-
front at Lake Pontchartrain; 
(3) armor critical elements of the New Orleans 
hurricane and storm damage reduction system; 
(4) modify the Inner Harbor Navigation Canal 
to increase the reliability of the flood protection sys-
tem for the city of New Orleans; 
(5) replace or modify certain non-Federal levees 
in Plaquemines Parish to incorporate the levees into 
the New Orleans to Venice Hurricane Protection 
Project; 
(6) reinforce or replace flood walls in the exist-
ing Lake Pontchartrain and Vicinity Project and the 
existing West Bank and Vicinity Project to improve 
performance of the flood and storm damage reduc-
tion systems;
416
(7) perform one time stormproofing of interior 
pump stations to ensure the operability of the sta-
tions during hurricanes, storms, and high water 
events; 
(8) repair, replace, modify and improve non-
Federal levees and associated protection measures in 
Terrebonne Parish; and 
(9) reduce the risk of storm damage to the 
greater New Orleans metropolitan area by restoring 
the surrounding wetlands through measures to begin 
to reverse wetland losses in areas affected by naviga-
tion, oil and gas, and other channels and through 
modification of the Caernarvon Freshwater Diver-
sion structure or its operations. 
(b) FUNDING AUTHORITY.—Activities authorized by 
subsection (a) and section 7013 shall be carried out in 
a manner that is consistent with the cost-sharing require-
ments specified in the Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and 
Hurricane Recovery, 2006 (Public Law 109–234). 
(c) CONDITIONS.—The Secretary shall notify the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate if estimates for the 
expenditure of funds on any single project or activity iden-
417
tified in subsection (a) exceeds the amount specified for 
that project or activity in the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Ter-
ror, and Hurricane Recovery, 2006 (Public Law 109–
234). No appropriation in excess of 25 percent above the 
amount specified for a project or activity in such Act shall 
be made until an increase in the level of expenditure has 
been approved by resolutions adopted by the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate. 
SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. 
(a) DEAUTHORIZATION.—
(1) IN GENERAL.—The navigation channel por-
tion of the project for navigation, Mississippi River-
Gulf outlet, authorized by the Act entitled, ‘‘An Act 
to authorize construction of the Mississippi River-
Gulf outlet’’, approved March 29, 1956 (70 Stat. 
65), as modified by section 844 of the Water Re-
sources Development Act of 1986 (100 Stat. 4177), 
and further modified by section 326 of the Water 
Resources Development Act of 1996 (110 Stat. 
3717), which extends from the Gulf of Mexico to 
mile 60 at the southern bank of the Gulf Intra-
coastal Waterway is not authorized.
418
(2) SCOPE.—Paragraph (1) shall not be con-
strued to modify or deauthorize the Inner Harbor 
Navigation Canal Replacement Project, authorized 
by the Act referred to in paragraph (1). 
(b) PLAN FOR CLOSURE AND RESTORATION.—The 
Secretary shall carry out a study and implement a project 
to physically modify the Mississippi River-Gulf outlet and 
to restore the areas affected by the Mississippi River-Gulf 
outlet in accordance with the plan to be developed under 
section 7002(a), subject to the conditions and rec-
ommendations in a final report of the Chief of Engineers 
if a favorable report of the Chief is completed not later 
than 180 days after the date of enactment of this Act. 
The plan shall incorporate the recommendations of the In-
terim Mississippi River Gulf Outlet Deep-Draft De-Au-
thorization Report submitted to Congress in December 
2006. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report on the project described in subsection (b). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $5,000,000 for the costs of
419
carrying out the study and developing the report of the 
Chief of Engineers required by subsection (b). Such costs 
shall be a Federal expense. 
TITLE VIII—UPPER MISSISSIPPI 
RIVER AND ILLINOIS WATER-
WAY SYSTEM 
SEC. 8001. DEFINITIONS. 
In this title, the following definitions apply: 
(1) PLAN.—The term ‘‘Plan’’ means the project 
for navigation and ecosystem improvements for the 
Upper Mississippi River and Illinois Waterway Sys-
tem: Report of the Chief of Engineers, dated Decem-
ber 15, 2004. 
(2) UPPER
MISSISSIPPI
RIVER
AND
ILLINOIS 
WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 
River and Illinois Waterway System’’ means the 
projects for navigation and ecosystem restoration au-
thorized by Congress for—
(A) the segment of the Mississippi River 
from the confluence with the Ohio River, River 
Mile 0.0, to Upper St. Anthony Falls Lock in 
Minneapolis-St. Paul, Minnesota, River Mile 
854.0; and 
(B) the Illinois Waterway from its con-
fluence with the Mississippi River at Grafton,
420
Illinois, River Mile 0.0, to T.J. O’Brien Lock in 
Chicago, Illinois, River Mile 327.0. 
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA-
TION. 
Except as modified by this title, the Secretary shall 
undertake navigation improvements and restoration of the 
ecosystem for the Upper Mississippi River and Illinois 
Water System substantially in accordance with the Plan 
and subject to the conditions described therein. 
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA-
TION IMPROVEMENTS. 
(a) SMALL SCALE
AND NONSTRUCTURAL MEAS-
URES.—
(1) IN GENERAL.—The Secretary shall—
(A) construct mooring facilities at Locks 
12, 14, 18, 20, 22, 24, and LaGrange Lock or 
other alternative locations that are economically 
and environmentally feasible; 
(B) provide switchboats at Locks 20 
through 25; and 
(C) conduct development and testing of an 
appointment scheduling system. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
The total cost of projects authorized under this sub-
section shall be $235,000,000. Such costs are to be
421
paid 1⁄2 from amounts appropriated from the general 
fund of the Treasury and 1⁄2 from amounts appro-
priated from the Inland Waterways Trust Fund. 
Such sums shall remain available until expended. 
(b) NEW LOCKS.—
(1) IN
GENERAL.—The Secretary shall con-
struct new 1,200-foot locks at Locks 20, 21, 22, 24, 
and 25 on the Upper Mississippi River and at La-
Grange Lock and Peoria Lock on the Illinois Water-
way. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
The total cost of projects authorized under this sub-
section shall be $1,795,000,000. Such costs are to 
be paid 1⁄2 from amounts appropriated from the gen-
eral fund of the Treasury and 1⁄2 from amounts ap-
propriated from the Inland Waterways Trust Fund. 
Such sums shall remain available until expended. 
(c) CONCURRENCE.—The mitigation required for the 
projects authorized under subsections (a) and (b), includ-
ing any acquisition of lands or interests in lands, shall be 
undertaken or acquired concurrently with lands and inter-
ests in lands for the projects authorized under subsections 
(a) and (b), and physical construction required for the 
purposes of mitigation shall be undertaken concurrently 
with the physical construction of such projects.
422
SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 
(a) OPERATION.—To ensure the environmental sus-
tainability of the existing Upper Mississippi River and Illi-
nois Waterway System, the Secretary shall modify, con-
sistent with requirements to avoid adverse effects on navi-
gation, the operation of the Upper Mississippi River and 
Illinois Waterway System to address the cumulative envi-
ronmental impacts of operation of the system and improve 
the ecological integrity of the Upper Mississippi River and 
Illinois River. 
(b) ECOSYSTEM RESTORATION PROJECTS.—
(1) IN
GENERAL.—The Secretary shall carry 
out, consistent with requirements to avoid adverse 
effects on navigation, ecosystem restoration projects 
to attain and maintain the sustainability of the eco-
system of the Upper Mississippi River and Illinois 
River in accordance with the general framework out-
lined in the Plan. 
(2) PROJECTS INCLUDED.—Ecosystem restora-
tion projects may include—
(A) island building; 
(B) construction of fish passages; 
(C) floodplain restoration; 
(D) water level management (including 
water drawdown); 
(E) backwater restoration;
423
(F) side channel restoration; 
(G) wing dam and dike restoration and 
modification; 
(H) island and shoreline protection; 
(I) topographical diversity; 
(J) dam point control; 
(K) use of dredged material for environ-
mental purposes; 
(L) tributary confluence restoration; 
(M) spillway, dam, and levee modification 
to benefit the environment; and 
(N) land and easement acquisition. 
(3) COST SHARING.—
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the Federal share 
of the cost of carrying out an ecosystem res-
toration project under this subsection shall be 
65 percent. 
(B) EXCEPTION FOR CERTAIN RESTORA-
TION
PROJECTS.—In the case of a project 
under this section for ecosystem restoration, the 
Federal share of the cost of carrying out the 
project shall be 100 percent if the project—
(i) is located below the ordinary high 
water mark or in a connected backwater;
424
(ii) modifies the operation of struc-
tures for navigation; or 
(iii) is located on federally owned 
land. 
(C) SAVINGS
CLAUSE.—Nothing in this 
subsection affects the applicability of section 
906(e) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2283(e)). 
(D) 
NONGOVERNMENTAL
ORGANIZA-
TIONS.—Notwithstanding section 221 of the 
Flood Control Act of 1970 (42 U.S.C. 1962d–
5b), for any project carried out under this title, 
a non-Federal sponsor may include a nonprofit 
entity, with the consent of the affected local 
government. 
(4) LAND
ACQUISITION.—The Secretary may 
acquire land or an interest in land for an ecosystem 
restoration project from a willing seller through con-
veyance of—
(A) fee title to the land; or 
(B) a flood plain conservation easement. 
(c) MONITORING.—The Secretary shall carry out a 
long term resource monitoring, computerized data inven-
tory and analysis, and applied research program for the 
Upper Mississippi River and Illinois River to determine
425
trends in ecosystem health, to understand systemic 
changes, and to help identify restoration needs. The pro-
gram shall adopt and continue the monitoring program es-
tablished under section 1103(e)(1)(A)(ii) of the Water Re-
sources 
Development 
Act 
of 
1986 
(33 
U.S.C. 
652(e)(1)(A)(ii)). 
(d) ECOSYSTEM RESTORATION PRECONSTRUCTION 
ENGINEERING AND DESIGN.—
(1) RESTORATION
DESIGN.—Before initiating 
the construction of any individual ecosystem restora-
tion project, the Secretary shall—
(A) establish ecosystem restoration goals 
and identify specific performance measures de-
signed to demonstrate ecosystem restoration; 
(B) establish the without-project condition 
or baseline for each performance indicator; and 
(C) for each separable element of the eco-
system restoration, identify specific target goals 
for each performance indicator. 
(2) OUTCOMES.—Performance measures identi-
fied under paragraph (1)(A) shall include specific 
measurable 
environmental 
outcomes, 
such 
as 
changes in water quality, hydrology, or the well-
being of indicator species the population and dis-
tribution of which are representative of the abun-
426
dance and diversity of ecosystem-dependent aquatic 
and terrestrial species. 
(3) RESTORATION DESIGN.—Restoration design 
carried out as part of ecosystem restoration shall in-
clude a monitoring plan for the performance meas-
ures identified under paragraph (1)(A), including—
(A) a timeline to achieve the identified tar-
get goals; and 
(B) a timeline for the demonstration of 
project completion. 
(e) CONSULTATION AND FUNDING AGREEMENTS.—
(1) IN GENERAL.—In carrying out the environ-
mental sustainability, ecosystem restoration, and 
monitoring activities authorized in this section, the 
Secretary shall consult with the Secretary of the In-
terior and the States of Illinois, Iowa, Minnesota, 
Missouri, and Wisconsin. 
(2) FUNDING AGREEMENTS.—The Secretary is 
authorized to enter into agreements with the Sec-
retary of the Interior, the Upper Mississippi River 
Basin Association, and natural resource and con-
servation agencies of the States of Illinois, Iowa, 
Minnesota, Missouri, and Wisconsin to provide for 
the direct participation of and transfer of funds to 
such entities for the planning, implementation, and
427
evaluation of projects and programs established by 
this section. 
(f) SPECIFIC PROJECTS AUTHORIZATION.—
(1) IN GENERAL.—There is authorized to be 
appropriated 
to 
carry 
out 
this 
subsection 
$1,580,000,000, 
of 
which 
not 
more 
than 
$226,000,000 shall be available for projects de-
scribed in subsection (b)(2)(B) and not more than 
$43,000,000 shall be available for projects described 
in subsection (b)(2)(J). Such sums shall remain 
available until expended. 
(2) LIMITATION ON AVAILABLE FUNDS.—Of the 
amounts made available under paragraph (1), not 
more than $35,000,000 in any fiscal year may be 
used for land acquisition under subsection (b)(4). 
(3) INDIVIDUAL PROJECT LIMIT.—Other than 
for projects described in subparagraphs (B) and (J) 
of subsection (b)(2), the total cost of any single 
project carried out under this subsection shall not 
exceed $25,000,000. 
(4) MONITORING.—In addition to amounts au-
thorized under paragraph (1), there are authorized 
$10,420,000 per fiscal year to carry out the moni-
toring program under subsection (c) if such sums 
are not appropriated pursuant to section 1103(e)(4)
428
the Water Resources Development Act of 1986 (33 
U.S.C. 652(e)(4)). 
(g) IMPLEMENTATION REPORTS.—
(1) IN
GENERAL.—Not later than June 30, 
2008, and every 4 years thereafter, the Secretary 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives an implementation report that—
(A) includes baselines, milestones, goals, 
and 
priorities 
for 
ecosystem 
restoration 
projects; and 
(B) measures the progress in meeting the 
goals. 
(2) ADVISORY PANEL.—
(A) IN GENERAL.—The Secretary shall ap-
point and convene an advisory panel to provide 
independent guidance in the development of 
each implementation report under paragraph 
(1). 
(B) PANEL
MEMBERS.—Panel members 
shall include—
(i) one representative of each of the 
State resource agencies (or a designee of 
the Governor of the State) from each of
429
the States of Illinois, Iowa, Minnesota, 
Missouri, and Wisconsin; 
(ii) one representative of the Depart-
ment of Agriculture; 
(iii) one representative of the Depart-
ment of Transportation; 
(iv) one representative of the United 
States Geological Survey; 
(v) one representative of the United 
States Fish and Wildlife Service; 
(vi) one representative of the Environ-
mental Protection Agency; 
(vii) one representative of affected 
landowners; 
(viii) two representatives of conserva-
tion and environmental advocacy groups; 
and 
(ix) two representatives of agriculture 
and industry advocacy groups. 
(C) CHAIRPERSON.—The Secretary shall 
serve as chairperson of the advisory panel. 
(D) APPLICATION OF FEDERAL ADVISORY 
COMMITTEE ACT.—The Advisory Panel and any 
working group established by the Advisory 
Panel shall not be considered an advisory com-
430
mittee under the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(h) RANKING SYSTEM.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Advisory Panel, shall develop a system 
to rank proposed projects. 
(2) PRIORITY.—The ranking system shall give 
greater weight to projects that restore natural river 
processes, including those projects listed in sub-
section (b)(2). 
SEC. 8005. COMPARABLE PROGRESS. 
(a) IN GENERAL.—As the Secretary conducts pre-en-
gineering, design, and construction for projects authorized 
under this title, the Secretary shall—
(1) select appropriate milestones; 
(2) determine, at the time of such selection, 
whether the projects are being carried out at com-
parable rates; and 
(3) make an annual report to Congress, begin-
ning in fiscal year 2008, regarding whether the 
projects are being carried out at a comparable rate. 
(b) NO COMPARABLE RATE.—If the Secretary or 
Congress determines under subsection (a)(2) that projects 
authorized under this title are not moving toward comple-
tion at a comparable rate, annual funding requests for the
431
projects shall be adjusted to ensure that the projects move 
toward completion at a comparable rate in the future. 
Passed the House of Representatives April 19, 2007. 
Attest:
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 1495
AN ACT 
To provide for the conservation and development of 
water and related resources, to authorize the Sec-
retary of the Army to construct various projects 
for improvements to rivers and harbors of the 
United States, and for other purposes.