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(xi) for the period during which the
funds are provided, maintain or exceed the
aggregate expenditures of the State during
the 2 fiscal years preceding the fiscal year
during which the funds are provided to en-
sure levee safety.
(3) DETERMINATION OF SECRETARY.—
(A) IN GENERAL.—Not later than 120 days
after the date on which the Secretary receives an
application under paragraph (2), the Secretary
shall approve or disapprove the application.
(B) NOTICE OF DISAPPROVAL.—If the Sec-
retary disapproves an application under sub-
paragraph (A), the Secretary shall immediately
provide to the State levee safety agency a written
notice of the disapproval, including a description
of—
(i) the reasons for the disapproval; and
(ii) changes necessary for approval of
the application, if any.
(C) FAILURE TO DETERMINE.—If the Sec-
retary fails to make a determination by the
deadline under subparagraph (A), the applica-
tion shall be considered to be approved.
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(4) REVIEW
OF
STATE
LEVEE
SAFETY
PRO-
GRAMS.—
(A) IN GENERAL.—The Secretary, in con-
junction with the Committee, may periodically
review any program carried out using funds
under this subsection.
(B) INADEQUATE PROGRAMS.—If the Sec-
retary determines under a review under subpara-
graph (A) that a program is inadequate to rea-
sonably protect human life and property, the
Secretary shall, until the Secretary determines
the program to be adequate—
(i) revoke the approval of the program;
and
(ii) withhold assistance under this sub-
section.
(i) REPORTING.—Not later than 90 days after the end
of each odd-numbered fiscal year, the Secretary, in con-
sultation with the Committee, shall submit to Congress a
report describing—
(1) the status of the program under this section;
(2) the progress made by Federal agencies during
the 2 preceding fiscal years in implementing Federal
guidelines for levee safety;
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(3) the progress made by State levee safety agen-
cies participating in the program; and
(4) recommendations for legislative or other ac-
tion that the Secretary considers to be necessary, if
any.
(j) RESEARCH.—The Secretary, in coordination with
the Committee, shall carry out a program of technical and
archival research to develop and support—
(1) improved techniques, historical experience,
and equipment for rapid and effective levee construc-
tion, rehabilitation, and assessment or inspection;
(2) the development of devices for the continued
monitoring of levee safety;
(3) the development and maintenance of infor-
mation resources systems required to manage levee
safety projects; and
(4) public policy initiatives and other improve-
ments relating to levee safety engineering, security,
and management.
(k) PARTICIPATION BY STATE LEVEE SAFETY AGEN-
CIES.—In carrying out the levee safety program under this
section, the Secretary shall—
(1) solicit participation from State levee safety
agencies; and
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(2) periodically update State levee safety agen-
cies and Congress on the status of the program.
(l) LEVEE SAFETY TRAINING.—The Secretary, in con-
sultation with the Committee, shall establish a program
under which the Secretary shall provide training for State
levee safety agency staff and inspectors to a State that has,
or intends to develop, a State levee safety program, on re-
quest of the State.
(m) 
EFFECT
OF
SUBTITLE.—Nothing 
in 
this
subtitle—
(1) creates any Federal liability relating to the
recovery of a levee caused by an action or failure to
act;
(2) relieves an owner or operator of a levee of
any legal duty, obligation, or liability relating to the
ownership or operation of the levee; or
(3) 
except 
as 
provided 
in 
subsection
(g)(7)(B)(iii)(III), preempts any applicable Federal
or State law.
SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Secretary—
(1) $50,000,000 to establish and maintain the
inventory under section 2054(f);
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(2) $424,000,000 to carry out levee safety assess-
ments under section 2054(g);
(3) to provide funds for State levee safety pro-
grams under section 2054(h)—
(A) $15,000,000 for fiscal year 2007; and
(B) $5,000,000 for each of fiscal years 2008
through 2011;
(4) $2,000,000 to carry out research under sec-
tion 2054(j);
(5) $1,000,000 to carry out levee safety training
under section 2054(l); and
(6) $150,000 to provide travel expenses to mem-
bers of the Committee under section 2053(f).
TITLE III—PROJECT-RELATED
PROVISIONS
SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,
ALASKA.
The Secretary shall carry out, on an emergency basis,
necessary removal of rubble, sediment, and rock impeding
the entrance to the St. Herman and St. Paul Harbors, Ko-
diak, Alaska, at a Federal cost of $2,000,000.
SEC. 3002. SITKA, ALASKA.
The Sitka, Alaska, element of the project for naviga-
tion, Southeast Alaska Harbors of Refuge, Alaska, author-
ized by section 101 of the Water Resources Development Act
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of 1992 (106 Stat. 4801), is modified to direct the Secretary
to take such action as is necessary to correct design defi-
ciencies in the Sitka Harbor Breakwater, at full Federal
expense. The estimated cost is $6,300,000.
SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
(a) IN GENERAL.—The Secretary shall construct a new
project management office located in the city of Tuscaloosa,
Alabama, at a location within the vicinity of the city, at
full Federal expense.
(b) TRANSFER OF LAND AND STRUCTURES.—The Sec-
retary shall sell, convey, or otherwise transfer to the city
of Tuscaloosa, Alabama, at fair market value, the land and
structures associated with the existing project management
office, if the city agrees to assume full responsibility for
demolition of the existing project management office.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out subsection (a)
$32,000,000.
SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA.
The project for flood damage reduction, Rio De Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the
Water Resources Development Act of 2000 (114 Stat. 2576),
is modified to authorize the Secretary to construct the
project at a total cost of $54,100,000, with an estimated
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Federal cost of $35,000,000 and a non-Federal cost of
$19,100,000.
SEC. 3005. AUGUSTA AND CLARENDON, ARKANSAS.
The Secretary may carry out rehabilitation of author-
ized and completed levees on the White River between Au-
gusta and Clarendon, Arkansas, at a total estimated cost
of $8,000,000, with an estimated Federal cost of $5,200,000
and an estimated non-Federal cost of $2,800,000.
SEC. 3006. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS
AND LOUISIANA.
(a) IN GENERAL.—Section 204 of the Flood Control
Act of 1950 (64 Stat. 170) is amended in the matter under
the heading ‘‘RED-OUACHITA RIVER BASIN’’ by strik-
ing ‘‘at Calion, Arkansas’’ and inserting ‘‘improvements at
Calion, Arkansas (including authorization for the com-
prehensive flood-control project for Ouachita River and
tributaries, incorporating in the project all flood control,
drainage, and power improvements in the basin above the
lower end of the left bank Ouachita River levee)’’.
(b) MODIFICATION.—Section 3 of the Act of August 18,
1941 (55 Stat. 642, chapter 377), is amended in the second
sentence of subsection (a) in the matter under the heading
‘‘LOWER MISSISSIPPI RIVER’’ by inserting before the
period at the end the following: ‘‘Provided, That the
Ouachita River Levees, Louisiana, authorized by the first
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section of the Act of May 15, 1928 (45 Stat. 534, chapter
569), shall remain as a component of the Mississippi River
and Tributaries Project and afforded operation and mainte-
nance responsibilities as directed in section 3 of that Act
(45 Stat. 535)’’.
SEC. 3007. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.
(a) IN GENERAL.—The project for flood control, St.
Francis River Basin, Arkansas, and Missouri, authorized
the Act of June 15, 1936 (49 Stat. 1508, chapter 548), as
modified, is further modified to authorize the Secretary to
undertake channel stabilization and sediment removal
measures on the St. Francis River and tributaries as an
integral part of the original project.
(b) NO SEPARABLE ELEMENT.—The measures under-
taken under subsection (a) shall not be considered to be a
separable element of the project.
SEC. 3008. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS
AND MISSOURI.
(a) IN GENERAL.—The Secretary shall convey to the
State of Arkansas, without monetary consideration and
subject to subsection (b), all right, title, and interest to land
within the State acquired by the Federal Government as
mitigation land for the project for flood control, St. Francis
Basin, Arkansas and Missouri Project, authorized by the
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Act of May 15, 1928 (33 U.S.C. 702a et seq.) (commonly
known as the ‘‘Flood Control Act of 1928’’).
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—The conveyance by the United
States under this section shall be subject to—
(A) the condition that the State of Arkansas
(including the successors and assigns of the
State) agree to operate, maintain, and manage
the land at no cost or expense to the United
States and for fish and wildlife, recreation, and
environmental purposes; and
(B) such other terms and conditions as the
Secretary determines to be in the interest of the
United States.
(2) REVERSION.—If the State (or a successor or
assign of the State) ceases to operate, maintain, and
manage the land in accordance with this subsection,
all right, title, and interest in and to the property
shall revert to the United States, at the option of the
Secretary.
SEC. 3009. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA-
TION SYSTEM, ARKANSAS AND OKLAHOMA.
(a) NAVIGATION CHANNEL.—The Secretary shall con-
tinue construction of the McClellan-Kerr Arkansas River
Navigation System, Arkansas and Oklahoma, to operate
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and maintain the navigation channel to the authorized
depth of the channel, in accordance with section 136 of the
Energy and Water Development Appropriations Act, 2004
(Public Law 108–137; 117 Stat. 1842).
(b) MITIGATION.—
(1) IN GENERAL.—As mitigation for any inci-
dental taking relating to the McClellan-Kerr Naviga-
tion System, the Secretary shall determine the need
for, and construct modifications in, the structures and
operations of the Arkansas River in the area of Tulsa
County, Oklahoma, including the construction of low
water dams and islands to provide nesting and for-
aging habitat for the interior least tern, in accordance
with the study entitled ‘‘Arkansas River Corridor
Master Plan Planning Assistance to States’’.
(2) COST SHARING.—The non-Federal share of
the cost of a project under this subsection shall be 35
percent.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $12,000,000.
SEC. 3010. CACHE CREEK BASIN, CALIFORNIA.
(a) IN GENERAL.—The project for flood control, Cache
Creek Basin, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4112),
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is modified to direct the Secretary to mitigate the impacts
of the new south levee of the Cache Creek settling basin on
the storm drainage system of the city of Woodland, includ-
ing all appurtenant features, erosion control measures, and
environmental protection features.
(b) OBJECTIVES.—Mitigation under subsection (a)
shall restore the pre-project capacity of the city (1,360 cubic
feet per second) to release water to the Yolo Bypass,
including—
(1) channel improvements;
(2) an outlet work through the west levee of the
Yolo Bypass; and
(3) a new low flow cross channel to handle city
and county storm drainage and settling basin flows
(1,760 cubic feet per second) when the Yolo Bypass is
in a low flow condition.
SEC. 3011. CALFED LEVEE STABILITY PROGRAM, CALI-
FORNIA.
In addition to funds made available pursuant to the
Water Supply, Reliability, and Environmental Improve-
ment Act (Public Law 108–361) to carry out section
103(f)(3)(D) of that Act (118 Stat. 1696), there is author-
ized to be appropriated to carry out projects described in
that section $106,000,000, to remain available until ex-
pended.
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SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA.
The project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water Resources Development Act of 1999 (113 Stat. 279),
is modified to include the diked bayland parcel known as
‘‘Bel Marin Keys Unit V’’ at an estimated total cost of
$221,700,000, 
with 
an 
estimated 
Federal 
cost 
of
$166,200,000 and an estimated non-Federal cost of
$55,500,000, as part of the project to be carried out by the
Secretary substantially in accordance with the plans, and
subject to the conditions, recommended in the final report
of the Chief of Engineers dated July 19, 2004.
SEC. 3013. LA–3 DREDGED MATERIAL OCEAN DISPOSAL SITE
DESIGNATION, CALIFORNIA.
Section 102(c)(4) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is
amended in the third sentence by striking ‘‘January 1,
2003’’ and inserting ‘‘January 1, 2007’’.
SEC. 3014. LARKSPUR FERRY CHANNEL, CALIFORNIA.
(a) REPORT.—The project for navigation, Larkspur
Ferry Channel, Larkspur, California, authorized by section
601(d) of the Water Resources Development Act of 1986
(100 Stat. 4148), is modified to direct the Secretary to pre-
pare a limited reevaluation report to determine whether
maintenance of the project is feasible.
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(b) AUTHORIZATION OF PROJECT.—If the Secretary
determines that maintenance of the project is feasible, the
Secretary shall carry out the maintenance.
SEC. 3015. LLAGAS CREEK, CALIFORNIA.
The project for flood damage reduction, Llagas Creek,
California, authorized by section 501(a) of the Water Re-
sources Development Act of 1999 (113 Stat. 333), is modi-
fied to authorize the Secretary to complete the project, in
accordance with the requirements of local cooperation as
specified in section 5 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1005), at a total remaining cost
of $105,000,000, with an estimated remaining Federal cost
of $65,000,000 and an estimated remaining non-Federal
cost of $40,000,000.
SEC. 3016. MAGPIE CREEK, CALIFORNIA.
(a) IN GENERAL.—Subject to subsection (b), the project
for Magpie Creek, California, authorized by section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s), is modified
to direct the Secretary to apply the cost-sharing require-
ments applicable to nonstructural flood control under sec-
tion 103(b) of the Water Resources Development Act of 1986
(100 Stat. 4085) for the portion of the project consisting
of land acquisition to preserve and enhance existing flood-
water storage.
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(b) CREDITING.—The crediting allowed under sub-
section (a) shall not exceed the non-Federal share of the cost
of the project.
SEC. 3017. PINE FLAT DAM FISH AND WILDLIFE HABITAT,
CALIFORNIA.
(a) COOPERATIVE PROGRAM.—
(1) IN GENERAL.—The Secretary shall partici-
pate with appropriate State and local agencies in the
implementation of a cooperative program to improve
and manage fisheries and aquatic habitat conditions
in Pine Flat Reservoir and in the 14-mile reach of
the Kings River immediately below Pine Flat Dam,
California, in a manner that—
(A) provides for long-term aquatic resource
enhancement; and
(B) avoids adverse effects on water storage
and water rights holders.
(2) GOALS
AND
PRINCIPLES.—The cooperative
program described in paragraph (1) shall be carried
out—
(A) substantially in accordance with the
goals and principles of the document entitled
‘‘Kings River Fisheries Management Program
Framework Agreement’’ and dated May 29,
1999, between the California Department of Fish
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and Game and the Kings River Water Associa-
tion and the Kings River Conservation District;
and
(B) in cooperation with the parties to that
agreement.
(b) PARTICIPATION BY SECRETARY.—
(1) IN GENERAL.—In furtherance of the goals of
the agreement described in subsection (a)(2), the Sec-
retary shall participate in the planning, design, and
construction of projects and pilot projects on the
Kings River and its tributaries to enhance aquatic
habitat and water availability for fisheries purposes
(including maintenance of a trout fishery) in accord-
ance with flood control operations, water rights, and
beneficial uses in existence as of the date of enactment
of this Act.
(2) PROJECTS.—Projects referred to in para-
graph (1) may include—
(A) projects to construct or improve pump-
ing, conveyance, and storage facilities to enhance
water transfers; and
(B) projects to carry out water exchanges
and create opportunities to use floodwater within
and downstream of Pine Flat Reservoir.
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(c) NO AUTHORIZATION OF CERTAIN DAM-RELATED
PROJECTS.—Nothing in this section authorizes any project
for the raising of Pine Flat Dam or the construction of a
multilevel intake structure at Pine Flat Dam.
(d) USE OF EXISTING STUDIES.—In carrying out this
section, the Secretary shall use, to the maximum extent
practicable, studies in existence on the date of enactment
of this Act, including data and environmental documenta-
tion in the document entitled ‘‘Final Feasibility Report and
Report of the Chief of Engineers for Pine Flat Dam Fish
and Wildlife Habitat Restoration’’ and dated July 19,
2002.
(e) COST SHARING.—
(1) PROJECT PLANNING, DESIGN, AND CONSTRUC-
TION.—The Federal share of the cost of planning, de-
sign, and construction of a project under subsection
(b) shall be 65 percent.
(2) NON-FEDERAL SHARE.—
(A) CREDIT FOR LAND, EASEMENTS, AND
RIGHTS-OF-WAY.—The Secretary shall credit to-
ward the non-Federal share of the cost of con-
struction of any project under subsection (b) the
value, regardless of the date of acquisition, of
any land, easements, rights-of-way, dredged ma-
terial disposal areas, or relocations provided by
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the non-Federal interest for use in carrying out
the project.
(B) FORM.—The non-Federal interest may
provide not more than 50 percent of the non-
Federal share required under this clause in the
form of services, materials, supplies, or other in-
kind contributions.
(f) OPERATION AND MAINTENANCE.—The operation,
maintenance, repair, rehabilitation, and replacement of
projects carried out under this section shall be a non-Fed-
eral responsibility.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000, to remain available until expended.
SEC. 3018. REDWOOD CITY NAVIGATION PROJECT, CALI-
FORNIA.
The Secretary may dredge the Redwood City Naviga-
tion Channel, California, on an annual basis, to maintain
the authorized depth of –30 mean lower low water.
SEC. 3019. SACRAMENTO AND AMERICAN RIVERS FLOOD
CONTROL, CALIFORNIA.
(a) CREDIT FOR NON-FEDERAL WORK.—
(1) IN GENERAL.—The Secretary shall credit to-
ward that portion of the non-Federal share of the cost
of any flood damage reduction project authorized be-
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fore the date of enactment of this Act that is to be
paid by the Sacramento Area Flood Control Agency
an amount equal to the Federal share of the flood con-
trol project authorized by section 9159 of the Depart-
ment of Defense Appropriations Act, 1993 (106 Stat.
1944).
(2) FEDERAL SHARE.—In determining the Fed-
eral share of the project authorized by section 9159(b)
of that Act, the Secretary shall include all audit
verified costs for planning, engineering, construction,
acquisition of project land, easements, rights-of-way,
relocations, and environmental mitigation for all
project elements that the Secretary determines to be
cost-effective.
(3) AMOUNT CREDITED.—The amount credited
shall be equal to the Federal share determined under
this section, reduced by the total of all reimburse-
ments paid to the non-Federal interests for work
under section 9159(b) of that Act before the date of
enactment of this Act.
(b) FOLSOM DAM.—Section 128(a) of the Energy and
Water Development Appropriations Act, 2006 (Public Law
109–103; 119 Stat. 2259), is amended—
(1) in the first sentence, by striking ‘‘The Sec-
retary’’ and inserting the following: