†
136
HR 1495 EAS
SEC. 2025. PROGRAM ADMINISTRATION.
Sections 101, 106, and 108 of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109–
103; 119 Stat. 2252–2254), are repealed.
SEC. 2026. EXTENSION OF SHORE PROTECTION PROJECTS.
(a) IN GENERAL.—Before the date on which the appli-
cable period for Federal financial participation in a shore
protection project terminates, the Secretary, acting through
the Chief of Engineers, is authorized to review the shore pro-
tection project to determine whether it would be feasible to
extend the period of Federal financial participation relat-
ing to the project.
(b) REPORT.—The Secretary shall submit to Congress
a report describing the results of each review conducted
under subsection (a).
SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act
of 2000 (33 U.S.C. 2269) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘carry
out water-related planning activities and’’ after
‘‘the Secretary may’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘and’’ at the end;
†
137
HR 1495 EAS
(ii) by redesignating subparagraph (B)
as subparagraph (C); and
(iii) by inserting after subparagraph
(A) the following:
‘‘(B) watershed assessments and planning
activities.’’; and
(2) in subsection (e), by striking ‘‘2006’’ and in-
serting ‘‘2012’’.
SEC. 2028. PROJECT DEAUTHORIZATION.
Section 1001(b)(2) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 579a) is amended as follows:
(1) In the first sentence by striking ‘‘two years’’
and inserting ‘‘year’’;
(2) In the last sentence by striking ‘‘30 months
after the date’’ and inserting ‘‘the last date of the fis-
cal year following the fiscal year in which’’; and
(3) In the last sentence by striking ‘‘such 30
month period’’ and inserting ‘‘such period’’.
Subtitle B—Continuing Authorities
Projects
SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATER-
BORNE TRANSPORTATION.
Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) is amended—
†
138
HR 1495 EAS
(1) by striking ‘‘SEC. 107. (a) That the Secretary
of the Army is hereby authorized to’’ and inserting
the following:
‘‘SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBORNE
TRANSPORTATION.
‘‘(a) IN GENERAL.—The Secretary of the Army may’’;
(2) in subsection (b)—
(A) by striking ‘‘(b) Not more’’ and insert-
ing the following:
‘‘(b) ALLOTMENT.—Not more’’; and
(B) by striking ‘‘$4,000,000’’ and inserting
‘‘$7,000,000’’;
(3) in subsection (c), by striking ‘‘(c) Local’’ and
inserting the following:
‘‘(c) LOCAL CONTRIBUTIONS.—Local’’;
(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’’.
†
139
HR 1495 EAS
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 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:
‘‘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 ‘‘$30,000,000’’.
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:
†
140
HR 1495 EAS
‘‘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 ‘‘$30,000,000’’.
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—
(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—
†
141
HR 1495 EAS
(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
$10,000,000 for each of fiscal years 2008 through 2011.
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).’’;
†
142
HR 1495 EAS
(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))—
(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
†
143
HR 1495 EAS
each of fiscal years 2008 through 2011, $20,000,000, to re-
main available until expended.’’.
SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION
AND REMOVAL OF DAMS.
(a) AUTHORIZATION.—
(1) 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.
(2) PRIORITY PROJECTS.—In carrying out this
section, the Secretary shall give priority to carrying
out the following small dam removal or rehabilitation
projects:
(A) Mountain Park, Georgia.
(B) Keith Creek, Rockford, Illinois.
(C) Mount Zion Mill Pond Dam, Fulton
County, Indiana.
(D) Hamilton Dam, Flint River, Michigan.
(E) Ingham Spring Dam, Solebury Town-
ship, Pennsylvania.
(F) Stillwater Lake Dam, Monroe County,
Pennsylvania.
(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-
†
144
HR 1495 EAS
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 $10,000,000 for each of fiscal years
2008 through 2011.
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
(2) located in—
(A) remote areas of the United States;
†
145
HR 1495 EAS
(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:
†
146
HR 1495 EAS
‘‘(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
†
147
HR 1495 EAS
(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.