359 
(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. 
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 
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(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 
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; 
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(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; 
(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-
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362 
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-
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. 
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363 
SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. 
(a) IN GENERAL.—The project for navigation, Mis-
sissippi 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 Resources 
Development Act of 1986 (100 Stat. 4177), is not author-
ized. 
(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-
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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 
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 
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Minneapolis-St. Paul, Minnesota, River Mile 
854.0; and 
(B) the Illinois Waterway from its con-
fluence with the Mississippi River at Grafton, 
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 
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(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 
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. 
(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 
general fund of the Treasury and 1/2 from amounts 
appropriated from the Inland Waterways Trust 
Fund. Such sums shall remain available until ex-
pended. 
(c) CONCURRENCE.—The mitigation required for the 
projects authorized under subsections (a) and (b), includ-
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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. 
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. 
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(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; 
(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-
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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; 
(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. 
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(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 
trends in ecosystem health, to understand systemic 
changes, and to help identify restoration needs. The pro-
gram shall build upon the monitoring program established 
under section 1103(e)(1)(A)(ii) of the Water Resources 
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 
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(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-
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-
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