367 
able report of the Chief is completed not later than 180 days 
after the date of enactment of this Act. The plan shall incor-
porate the recommendations of the Interim Mississippi 
River Gulf Outlet Deep-Draft De-Authorization Report sub-
mitted 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 Infrastruc-
ture of the House of Representatives and the Committee 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-
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tem: Report of the Chief of Engineers, dated December 
15, 2004. 
(2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA-
TERWAY
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, Il-
linois, 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. 
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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 subsection 
shall be $235,000,000. 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 expended. 
(b) NEW LOCKS.— 
(1) IN GENERAL.—The Secretary shall construct 
new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 
on the Upper Mississippi River and at LaGrange 
Lock and Peoria Lock on the Illinois Waterway. 
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(2) AUTHORIZATION OF APPROPRIATIONS.—The 
total cost of projects authorized under this subsection 
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 expended. 
(c) CONCURRENCE.—The mitigation required for the 
projects authorized under subsections (a) and (b), including 
any acquisition of lands or interests in lands, shall be un-
dertaken or acquired concurrently with lands and interests 
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 naviga-
tion, the operation of the Upper Mississippi River and Illi-
nois Waterway System to address the cumulative environ-
mental impacts of operation of the system and improve the 
ecological integrity of the Upper Mississippi River and Illi-
nois River. 
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(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 ecosystem of 
the Upper Mississippi River and Illinois River in ac-
cordance with the general framework outlined 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; 
(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; 
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(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 restoration 
project under this subsection shall be 65 percent. 
(B) EXCEPTION FOR CERTAIN RESTORATION 
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 structures 
for navigation; or 
(iii) is located on federally owned land. 
(C) SAVINGS CLAUSE.—Nothing in this sub-
section affects the applicability of section 906(e) 
of the Water Resources Development Act of 1986 
(33 U.S.C. 2283(e)). 
(D) NONGOVERNMENTAL ORGANIZATIONS.— 
Notwithstanding section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b), for any 
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project carried out under this title, a non-Fed-
eral sponsor may include a nonprofit entity, 
with the consent of the affected local government. 
(4) LAND ACQUISITION.—The Secretary may ac-
quire 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 program shall 
build upon the monitoring program established under sec-
tion 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 EN-
GINEERING AND DESIGN.— 
(1) RESTORATION DESIGN.—Before initiating the 
construction of any individual ecosystem restoration 
project, the Secretary shall— 
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(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 indi-
cator species the population and distribution of which 
are representative of the abundance 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 measures 
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.— 
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