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(2) in paragraph (19), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(20) Kinkaid Lake, Jackson County, Illinois,
removal of silt and aquatic growth and measures to
address excessive sedimentation;
‘‘(21) Lake Sakakawea, North Dakota, removal
of silt and aquatic growth and measures to address
excessive sedimentation;
‘‘(22) Lake Morley, Vermont, removal of silt and
aquatic growth and measures to address excessive
sedimentation;
‘‘(23) Lake Fairlee, Vermont, removal of silt and
aquatic growth and measures to address excessive
sedimentation; and
‘‘(24) Lake Rodgers, Creedmoor, North Carolina,
removal of silt and excessive nutrients and restoration
of structural integrity.’’.
SEC. 5002. ESTUARY RESTORATION.
(a) PURPOSES.—Section 102 of the Estuary Restora-
tion Act of 2000 (33 U.S.C. 2901) is amended—
(1) in paragraph (1), by inserting before the
semicolon the following: ‘‘by implementing a coordi-
nated Federal approach to estuary habitat restoration
activities, including the use of common monitoring
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standards and a common system for tracking restora-
tion acreage’’;
(2) in paragraph (2), by inserting ‘‘and imple-
ment’’ after ‘‘to develop’’; and
(3) in paragraph (3), by inserting ‘‘through co-
operative agreements’’ after ‘‘restoration projects’’.
(b) DEFINITION OF ESTUARY HABITAT RESTORATION
PLAN.—Section 103(6)(A) of the Estuary Restoration Act
of 2000 (33 U.S.C. 2902(6)(A)) is amended by striking
‘‘Federal or State’’ and inserting ‘‘Federal, State, or re-
gional’’.
(c) ESTUARY HABITAT RESTORATION PROGRAM.—
Section 104 of the Estuary Restoration Act of 2000 (33
U.S.C. 2903) is amended—
(1) in subsection (a), by inserting ‘‘through the
award of contracts and cooperative agreements’’ after
‘‘assistance’’;
(2) in subsection (c)—
(A) in paragraph (3)(A), by inserting ‘‘or
State’’ after ‘‘Federal’’; and
(B) in paragraph (4)(B), by inserting ‘‘or
approach’’ after ‘‘technology’’;
(3) in subsection (d)—
(A) in paragraph (1)—
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(i) by striking ‘‘Except’’ and inserting
the following:
‘‘(i) IN GENERAL.—Except’’; and
(ii) by adding at the end the following:
‘‘(ii) MONITORING.—
‘‘(I) COSTS.—The costs of moni-
toring an estuary habitat restoration
project funded under this title may be
included in the total cost of the estuary
habitat restoration project.
‘‘(II) GOALS.—The goals of the
monitoring are—
‘‘(aa) to measure the effec-
tiveness of the restoration project;
and
‘‘(bb) to allow adaptive man-
agement to ensure project suc-
cess.’’;
(B) in paragraph (2), by inserting ‘‘or ap-
proach’’ after ‘‘technology’’; and
(C) in paragraph (3), by inserting ‘‘(in-
cluding monitoring)’’ after ‘‘services’’;
(4) in subsection (f)(1)(B), by inserting ‘‘long-
term’’ before ‘‘maintenance’’; and
(5) in subsection (g)—
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(A) by striking ‘‘In carrying’’ and inserting
the following:
‘‘(1) IN GENERAL.—In carrying’’; and
(B) by adding at the end the following:
‘‘(2) SMALL PROJECTS.—
‘‘(A) DEFINITION.—Small projects carried
out under this Act shall have a Federal share of
less than $1,000,000.
‘‘(B) DELEGATION OF PROJECT IMPLEMEN-
TATION.—In carrying out this section, the Sec-
retary, on recommendation of the Council, shall
consider delegating implementation of the small
project to—
‘‘(i) the Secretary of the Interior (act-
ing through the Director of the United
States Fish and Wildlife Service);
‘‘(ii) the Under Secretary for Oceans
and Atmosphere of the Department of Com-
merce;
‘‘(iii) the Administrator of the Envi-
ronmental Protection Agency; or
‘‘(iv) the Secretary of Agriculture.
‘‘(C) FUNDING.—Small projects delegated to
another Federal department or agency may be
funded from the responsible department or ap-
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propriations of the agency authorized by section
109(a)(1).
‘‘(D) AGREEMENTS.—The Federal depart-
ment or agency to which a small project is dele-
gated shall enter into an agreement with the
non-Federal interest generally in conformance
with the criteria in subsections (d) and (e). Co-
operative agreements may be used for any dele-
gated project.’’.
(d) ESTABLISHMENT OF ESTUARY HABITAT RESTORA-
TION COUNCIL.—Section 105(b) of the Estuary Restoration
Act of 2000 (33 U.S.C. 2904(b)) is amended—
(1) in paragraph (4), by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (5), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) cooperating in the implementation of the
strategy developed under section 106;
‘‘(7) recommending standards for monitoring for
restoration projects and contribution of project infor-
mation to the database developed under section 107;
and
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‘‘(8) otherwise using the respective agency au-
thorities of the Council members to carry out this
title.’’.
(e) MONITORING OF ESTUARY HABITAT RESTORATION
PROJECTS.—Section 107(d) of the Estuary Restoration Act
of 2000 (33 U.S.C. 2906(d)) is amended by striking ‘‘com-
pile’’ and inserting ‘‘have general data compilation, coordi-
nation, and analysis responsibilities to carry out this title
and in support of the strategy developed under this section,
including compilation of’’.
(f) REPORTING.—Section 108(a) of the Estuary Res-
toration Act of 2000 (33 U.S.C. 2907(a)) is amended by
striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and
tenth’’.
(g) FUNDING.—Section 109(a) of the Estuary Restora-
tion Act of 2000 (33 U.S.C. 2908(a)) is amended—
(1) in paragraph (1), by striking subparagraphs
(A) through (D) and inserting the following:
‘‘(A) to the Secretary, $25,000,000 for each
of fiscal years 2006 through 2010;
‘‘(B) to the Secretary of the Interior (acting
through the Director of the United States Fish
and Wildlife Service), $2,500,000 for each of fis-
cal years 2006 through 2010;
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‘‘(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce,
$2,500,000 for each of fiscal years 2006 through
2010;
‘‘(D) to the Administrator of the Environ-
mental Protection Agency, $2,500,000 for each of
fiscal years 2006 through 2010; and
‘‘(E) to the Secretary of Agriculture,
$2,500,000 for each of fiscal years 2006 through
2010.’’; and
(2) in the first sentence of paragraph (2)—
(A) by inserting ‘‘and other information
compiled under section 107’’ after ‘‘this title’’;
and
(B) by striking ‘‘2005’’ and inserting
‘‘2010’’.
(h) GENERAL PROVISIONS.—Section 110 of the Estu-
ary Restoration Act of 2000 (33 U.S.C. 2909) is amended—
(1) in subsection (b)(1)—
(A) by inserting ‘‘or contracts’’ after ‘‘agree-
ments’’; and
(B) by inserting ‘‘, nongovernmental orga-
nizations,’’ after ‘‘agencies’’; and
(2) by striking subsections (d) and (e).
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SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELA-
WARE AND MARYLAND.
(a) ASSISTANCE.—The Secretary may provide tech-
nical assistance to the Secretary of Agriculture for use in
carrying out the Conservation Corridor Demonstration Pro-
gram established under subtitle G of title II of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; 116 Stat. 275).
(b) COORDINATION AND INTEGRATION.—In carrying
out water resources projects in the States on the Delmarva
Peninsula, the Secretary shall coordinate and integrate
those projects, to the maximum extent practicable, with any
activities carried out to implement a conservation corridor
plan approved by the Secretary of Agriculture under section
2602 of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3801 note; 116 Stat. 275).
SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC
RIVER BASINS, DELAWARE, MARYLAND, PENN-
SYLVANIA, AND VIRGINIA.
(a) EX OFFICIO MEMBER.—Notwithstanding section
3001(a) of the 1997 Emergency Supplemental Appropria-
tions Act for Recovery From Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia
(111 Stat. 176) and sections 2.2 of the Susquehanna River
Basin Compact (Public Law 91–575) and the Delaware
River Basin Compact (Public Law 87–328), beginning in
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fiscal year 2002, and each fiscal year thereafter, the Divi-
sion Engineer, North Atlantic Division, Corps of
Engineers—
(1) shall be the ex officio United States member
under the Susquehanna River Basin Compact, the
Delaware River Basin Compact, and the Potomac
River Basin Compact;
(2) shall serve without additional compensation;
and
(3) may designate an alternate member in ac-
cordance with the terms of those compacts.
(b) AUTHORIZATION TO ALLOCATE.—The Secretary
shall allocate funds to the Susquehanna River Basin Com-
mission, Delaware River Basin Commission, and the Inter-
state Commission on the Potomac River Basin (Potomac
River Basin Compact (Public Law 91–407)) to fulfill the
equitable funding requirements of the respective interstate
compacts.
(c) WATER SUPPLY
AND CONSERVATION STORAGE,
DELAWARE RIVER BASIN.—
(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Delaware River Basin Com-
mission to provide temporary water supply and con-
servation storage at the Francis E. Walter Dam,
Pennsylvania, for any period during which the Com-
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mission has determined that a drought warning or
drought emergency exists.
(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
(d) WATER SUPPLY AND CONSERVATION STORAGE,
SUSQUEHANNA RIVER BASIN.—
(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Susquehanna River Basin
Commission to provide temporary water supply and
conservation storage at Federal facilities operated by
the Corps of Engineers in the Susquehanna River
Basin, during any period in which the Commission
has determined that a drought warning or drought
emergency exists.
(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
(e) WATER SUPPLY AND CONSERVATION STORAGE, PO-
TOMAC RIVER BASIN.—
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(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Potomac River Basin Commis-
sion to provide temporary water supply and con-
servation storage at Federal facilities operated by the
Corps of Engineers in the Potomac River Basin for
any period during which the Commission has deter-
mined that a drought warning or drought emergency
exists.
(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
SEC. 5005. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND
MARYLAND.
(a) COMPREHENSIVE ACTION PLAN.—Not later than
1 year after the date of enactment of this Act, the Secretary,
in coordination with the Mayor of the District of Columbia,
the Governor of Maryland, the county executives of Mont-
gomery County and Prince George’s County, Maryland,
and other stakeholders, shall develop and make available to
the public a 10-year comprehensive action plan to provide
for the restoration and protection of the ecological integrity
of the Anacostia River and its tributaries.
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(b) PUBLIC AVAILABILITY.—On completion of the com-
prehensive action plan under subsection (a), the Secretary
shall make the plan available to the public.
SEC. 5006. CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIERS PROJECT, ILLINOIS.
(a) TREATMENT AS SINGLE PROJECT.—The Chicago
Sanitary and Ship Canal Dispersal Barrier Project (Bar-
rier I) (as in existence on the date of enactment of this Act),
constructed as a demonstration project under section
1202(i)(3) of the Nonindigenous Aquatic Nuisance Preven-
tion and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and
Barrier II, as authorized by section 345 of the District of
Columbia Appropriations Act, 2005 (Public Law 108–335;
118 Stat. 1352), shall be considered to constitute a single
project.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary, acting through
the Chief of Engineers, is authorized and directed, at
full Federal expense—
(A) to upgrade and make permanent Bar-
rier I;
(B) to construct Barrier II, notwith-
standing the project cooperation agreement with
the State of Illinois dated June 14, 2005;
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(C) to operate and maintain Barrier I and
Barrier II as a system to optimize effectiveness;
(D) to conduct, in consultation with appro-
priate Federal, State, local, and nongovern-
mental entities, a study of a full range of options
and technologies for reducing impacts of hazards
that may reduce the efficacy of the Barriers; and
(E) to provide to each State a credit in an
amount equal to the amount of funds contributed
by the State toward Barrier II.
(2) USE
OF
CREDIT.—A State may apply a
credit received under paragraph (1)(E) to any cost
sharing responsibility for an existing or future Fed-
eral project with the Corps of Engineers in the State.
(c) CONFORMING AMENDMENTS.—
(1) NONINDIGENOUS
AQUATIC
NUISANCE
PRE-
VENTION AND CONTROL.—Section 1202(i)(3)(C) of the
Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is
amended by striking ‘‘, to carry out this paragraph,
$750,000’’ and inserting ‘‘such sums as are necessary
to carry out the dispersal barrier demonstration
project under this paragraph’’.
(2) BARRIER II AUTHORIZATION.—Section 345 of
the District of Columbia Appropriations Act, 2005
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(Public Law 108–335; 118 Stat. 1352), is amended to
read as follows:
‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIER, ILLINOIS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out the Barrier II project of the
project for the Chicago Sanitary and Ship Canal Dispersal
Barrier, Illinois, initiated pursuant to section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2294
note; 100 Stat. 4251).’’.
SEC. 5007. RIO GRANDE ENVIRONMENTAL MANAGEMENT
PROGRAM, COLORADO, NEW MEXICO, AND
TEXAS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Rio Grande Environmental Management Act of 2006’’.
(b) DEFINITIONS.—In this section:
(1) RIO
GRANDE
COMPACT.—The term ‘‘Rio
Grande Compact’’ means the compact approved by
Congress under the Act of May 31, 1939 (53 Stat.
785, chapter 155), and ratified by the States.
(2) RIO GRANDE BASIN.—The term ‘‘Rio Grande
Basin’’ means the Rio Grande (including all tribu-
taries and their headwaters) located—
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(A) in the State of Colorado, from the Rio
Grande Reservoir, near Creede, Colorado, to the
New Mexico State border;
(B) in the State of New Mexico, from the
Colorado State border downstream to the Texas
State border; and
(C) in the State of Texas, from the New
Mexico State border to the southern terminus of
the Rio Grande at the Gulf of Mexico.
(3) STATES.—The term ‘‘States’’ means the
States of Colorado, New Mexico, and Texas.
(c) PROGRAM AUTHORITY.—
(1) IN GENERAL.—The Secretary shall carry out,
in the Rio Grande Basin—
(A) a program for the planning, construc-
tion, and evaluation of measures for fish and
wildlife habitat rehabilitation and enhancement;
and
(B) implementation of a long-term moni-
toring, computerized data inventory and anal-
ysis, applied research, and adaptive management
program.
(2) REPORTS.—Not later than December 31,
2008, and not later than December 31 of every sixth
year thereafter, the Secretary, in consultation with
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the Secretary of the Interior and the States, shall sub-
mit to Congress a report that—
(A) contains an evaluation of the programs
described in paragraph (1);
(B) describes the accomplishments of each
program;
(C) provides updates of a systemic habitat
needs assessment; and
(D) identifies any needed adjustments in
the authorization of the programs.
(d) STATE AND LOCAL CONSULTATION AND COOPERA-
TIVE EFFORT.—For the purpose of ensuring the coordinated
planning and implementation of the programs described in
subsection (c), the Secretary shall—
(1) consult with the States and other appropriate
entities in the States the rights and interests of which
might be affected by specific program activities; and
(2) enter into an interagency agreement with the
Secretary of the Interior to provide for the direct par-
ticipation of, and transfer of funds to, the United
States Fish and Wildlife Service and any other agen-
cy or bureau of the Department of the Interior for the
planning, design, implementation, and evaluation of
those programs.
(e) COST SHARING.—
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(1) IN GENERAL.—The non-Federal share of the
cost of a project carried out under subsection
(c)(1)(A)—
(A) shall be 35 percent;
(B) may be provided through in-kind serv-
ices or direct cash contributions; and
(C) shall include provision of necessary
land, easements, relocations, and disposal sites.
(2) OPERATION AND MAINTENANCE.—The costs of
operation and maintenance of a project located on
Federal land, or land owned or operated by a State
or local government, shall be borne by the Federal,
State, or local agency that has jurisdiction over fish
and wildlife activities on the land.
(f) NONPROFIT ENTITIES.—Notwithstanding section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b), with the consent of the affected local government, a non-
profit entity may be included as a non-Federal interest for
any project carried out under subsection (c)(1)(A).
(g) EFFECT ON OTHER LAW.—
(1) WATER LAW.—Nothing in this section pre-
empts any State water law.
(2) COMPACTS AND DECREES.—In carrying out
this section, the Secretary shall comply with the Rio
Grande Compact, and any applicable court decrees or