341
(2) Small Diversion at Hope Canal at a total 
cost of $68,600,000. 
(3) Barataria Basin Barrier Shoreline Restora-
tion at a total cost of $242,600,000. 
(4) Small Bayou Lafourche Reintroduction at a 
total cost of $133,500,000. 
(5) Medium Diversion at Myrtle Grove with 
Dedicated Dredging at a total cost of $278,300,000. 
(d) BENEFICIAL USE OF DREDGED MATERIAL.—The 
Secretary, substantially in accordance with the Plan, shall 
implement in the coastal Louisiana ecosystem a program 
for the beneficial use of material dredged from federally 
maintained waterways at a total cost of $100,000,000. 
SEC. 7006. NON-FEDERAL COST SHARE. 
(a) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of a study authorized by sec-
tion 7004 or a project authorized by section 7005 the cost 
of work carried out in the coastal Louisiana ecosystem by 
the non-Federal interest before the date of the partnership 
agreement for the study or project, as the case may be, if 
the Secretary determines that the work is integral to the 
study or project, as the case may be. 
(b) TREATMENT OF CREDIT BETWEEN PROJECTS.—
Any credit provided under this section toward the non-Fed-
eral share of the cost of a study authorized by section 7004
342
or a project authorized by section 7005 may be applied to-
ward the non-Federal share of the cost of any other study 
authorized by section 7004 or any other project authorized 
by section 7005, as the case may be. 
(c) PERIODIC MONITORING.—
(1) IN GENERAL.—To ensure that the contribu-
tions of the non-Federal interest equal the non-Fed-
eral share of the cost of a study authorized by section 
7004 or a project authorized by section 7005, during 
each 5-year period beginning after the date of com-
mencement of the first study under section 7004 or 
construction of the first project under section 7005, as 
the case may be, the Secretary shall—
(A) monitor the non-Federal provision for 
each study authorized by section 7004 or each 
project authorized by section 7005, as the case 
may be, of cash, in-kind services and materials, 
and land, easements, rights-of-way, relocations, 
and disposal areas; and 
(B) manage, to the extent practicable, the 
requirement of the non-Federal interest to pro-
vide for each such project cash, in-kind services 
and materials, and land, easements, rights-of-
way, relocations, and disposal areas.
343
(2) OTHER
MONITORING.—The Secretary shall 
conduct monitoring separately for the study phase, 
construction phase, the preconstruction engineering 
and design phase, and the planning phase for each 
project authorized on or after date of enactment of 
this Act for all or any portion of the coastal Lou-
isiana ecosystem. 
(d) AUDITS.—Credit for land, easements, rights-of-
way, relocations, and disposal areas (including land value 
and incidental costs) provided under this section, and the 
cost of work provided under this section, shall be subject 
to audit by the Secretary. 
SEC. 7007. PROJECT JUSTIFICATION. 
(a) IN GENERAL.—Notwithstanding section 209 of the 
Flood Control Act of 1970 (42 U.S.C. 1962–2) or any other 
provision of law, in carrying out any project or activity 
authorized by or under this title or any other provision of 
law to protect, conserve, and restore the coastal Louisiana 
ecosystem, the Secretary may determine that—
(1) the project or activity is justified by the envi-
ronmental benefits derived by the coastal Louisiana 
ecosystem; and 
(2) no further economic justification for the 
project or activity is required if the Secretary deter-
mines that the project or activity is cost effective.
344
(b) LIMITATION ON APPLICABILITY.—Subsection (a) 
shall not apply to any separable element intended to 
produce benefits that are predominantly unrelated to the 
protection, conservation, and restoration of the coastal Lou-
isiana ecosystem. 
SEC. 7008. STATUTORY CONSTRUCTION. 
(a) EXISTING AUTHORITY.—Except as otherwise pro-
vided in this title, nothing in this title affects any authority 
in effect on the date of enactment of this Act, or any require-
ment relating to the participation in protection, conserva-
tion, and restoration projects and activities in the coastal 
Louisiana ecosystem, including projects and activities re-
ferred to in subsection (a) of—
(1) the Department of the Army; 
(2) the Department of the Interior; 
(3) the Department of Commerce; 
(4) the Environmental Protection Agency; 
(5) the Department of Agriculture; 
(6) the Department of Transportation; 
(7) the Department of Energy; 
(8) the Federal Emergency Management Agency; 
(9) the Coast Guard; and 
(10) the State of Louisiana. 
(b) NEW AUTHORITY.—Nothing in this title confers 
any new regulatory authority on any Federal or non-Fed-
345
eral entity that carries out any project or activity author-
ized by or under this title. 
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 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-
346
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. 
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; 
(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 shall be paid 1⁄2 
from amounts appropriated from the general fund of
347
the Treasury and 1⁄2 from amounts appropriated 
from the Inland Waterways Trust Fund. 
(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. 
(2) AUTHORIZATION OF APPROPRIATIONS.—The 
total cost of projects authorized under this subsection 
shall be $1,795,000,000. Such costs shall 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. 
(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-
348
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. 
(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;
349
(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; 
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.
350
(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(b) of the Flood Con-
trol Act of 1970 (42 U.S.C. 1962d–5(b)), for any 
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) ECOSYSTEM RESTORATION PRECONSTRUCTION EN-
GINEERING AND DESIGN.—
(1) RESTORATION DESIGN.—Before initiating the 
construction of any individual ecosystem restoration 
project, the Secretary shall—
(A) establish ecosystem restoration goals 
and identify specific performance measures de-
signed to demonstrate ecosystem restoration;