to retain the prerogative to sign the partnership 
agreement for that project. 
‘‘(f) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this subsection, and every 
year thereafter, the Secretary shall submit to Congress a 
report detailing the following: 
‘‘(1) The number of partnership agreements 
signed by district engineers and the number of part-
nership agreements signed by the Secretary. 
‘‘(2) For any partnership agreement signed by 
the Secretary, an explanation of why delegation to the 
district engineer was not appropriate. 
‘‘(g) PUBLIC AVAILABILITY.—Not later than 120 days 
after the date of enactment of this subsection, the Chief of 
Engineers shall— 
‘‘(1) ensure that each district engineer has made 
available to the public, including on the Internet, all 
partnership agreements entered into under this sec-
tion within the preceding 10 years and all partner-
ship agreements for water resources projects currently 
being carried out in that district; and 
‘‘(2) make each partnership agreement entered 
into after such date of enactment available to the pub-
lic, including on the Internet, not later than 7 days 
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after the date on which such agreement is entered 
into.’’. 
(d) LOCAL COOPERATION.—Section 912(b) of the 
Water Resources Development Act of 1986 (101 Stat. 4190) 
is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘shall’’ the first place it ap-
pears and inserting ‘‘may’’; and 
(B) by striking the last sentence; and 
(2) in paragraph (4)— 
(A) by inserting after ‘‘injunction, for’’ the 
following: ‘‘payment of damages or, for’’; 
(B) by striking ‘‘to collect a civil penalty 
imposed under this section,’’; and 
(C) by striking ‘‘any civil penalty imposed 
under this section,’’ and inserting ‘‘any dam-
ages,’’. 
(e) APPLICABILITY.—The amendments made by sub-
sections (a), (b), and (d) only apply to partnership agree-
ments entered into after the date of enactment of this Act; 
except that, at the request of a non-Federal interest for a 
project, the district engineer for the district in which the 
project is located may amend a project partnership agree-
ment entered into on or before such date and under which 
construction on the project has not been initiated as of such 
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date of enactment for the purpose of incorporating such 
amendments. 
(f) PARTNERSHIP AND COOPERATIVE ARRANGEMENTS; 
REFERENCES.— 
(1) IN GENERAL.—A goal of agreements entered 
into under section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d–5b) shall be to further part-
nership and cooperative arrangements, and the agree-
ments shall be referred to as ‘‘partnership agree-
ments’’. 
(2) REFERENCES
TO
COOPERATION
AGREE-
MENTS.—Any reference in a law, regulation, docu-
ment, or other paper of the United States to a ‘‘co-
operation agreement’’ or ‘‘project cooperation agree-
ment’’ shall be deemed to be a reference to a ‘‘partner-
ship agreement’’ or a ‘‘project partnership agree-
ment’’, respectively. 
(3) REFERENCES
TO
PARTNERSHIP
AGREE-
MENTS.—Any reference to a ‘‘partnership agreement’’ 
or ‘‘project partnership agreement’’ in this Act (other 
than this section) shall be deemed to be a reference to 
a ‘‘cooperation agreement’’ or a ‘‘project cooperation 
agreement’’, respectively. 
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SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, 
AND REUSE. 
(a) IN GENERAL.—The Secretary may provide to State 
and local governments assessment, planning, and design as-
sistance for remediation, environmental restoration, or 
reuse of areas located within the boundaries of such State 
or local governments where such remediation, environ-
mental restoration, or reuse will contribute to the improve-
ment of water quality or the conservation of water and re-
lated resources of drainage basins and watersheds within 
the United States. 
(b) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of assistance provided under subsection (a) shall 
be 50 percent. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for each of fiscal years 2008 through 2012. 
SEC. 2011. COMPILATION OF LAWS. 
(a) COMPILATION OF LAWS ENACTED AFTER NOVEM-
BER 8, 1966.—Not later than one year after the date of 
enactment of this Act, the Secretary and the Chief of Engi-
neers shall prepare a compilation of the laws of the United 
States relating to the improvement of rivers and harbors, 
flood damage reduction, beach and shoreline erosion, hurri-
cane and storm damage reduction, ecosystem and environ-
mental restoration, and other water resources development 
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enacted after November 8, 1966, and before January 1, 
2008, and have such compilation printed for the use of the 
Department of the Army, Congress, and the general public. 
(b) REPRINT OF LAWS ENACTED BEFORE NOVEMBER 
8, 1966.—The Secretary shall have the volumes containing 
the laws referred to in subsection (a) enacted before Novem-
ber 8, 1966, reprinted. 
(c) INDEX.—The Secretary shall include an index in 
each volume compiled, and each volume reprinted, pursuant 
to this section. 
(d) CONGRESSIONAL COPIES.—Not later than Decem-
ber 1, 2008, the Secretary shall transmit at least 25 copies 
of each volume compiled, and of each volume reprinted, pur-
suant to this section to each of the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate. 
(e) AVAILABILITY.—The Secretary shall ensure that 
each volume compiled, and each volume reprinted, pursuant 
to this section are available through electronic means, in-
cluding the Internet. 
SEC. 2012. DREDGED MATERIAL DISPOSAL. 
Section 217 of the Water Resources Development Act 
of 1996 (33 U.S.C. 2326a) is amended— 
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(1) by redesignating subsection (c) as subsection 
(d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DREDGED MATERIAL FACILITY.— 
‘‘(1) IN
GENERAL.—The Secretary may enter 
into a partnership agreement under section 221 of the 
Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with 
one or more non-Federal interests with respect to a 
water resources project, or group of water resources 
projects within a geographic region, if appropriate, 
for the acquisition, design, construction, management, 
or operation of a dredged material processing, treat-
ment, contaminant reduction, or disposal facility (in-
cluding any facility used to demonstrate potential 
beneficial uses of dredged material, which may in-
clude effective sediment contaminant reduction tech-
nologies) using funds provided in whole or in part by 
the Federal Government. 
‘‘(2) PERFORMANCE.—One or more of the parties 
to a partnership agreement under this subsection may 
perform the acquisition, design, construction, manage-
ment, or operation of a dredged material processing, 
treatment, contaminant reduction, or disposal facil-
ity. 
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‘‘(3) MULTIPLE
PROJECTS.—If a facility to 
which this subsection applies serves to manage 
dredged material from multiple water resources 
projects located in the geographic region of the facil-
ity, the Secretary may combine portions of such 
projects with appropriate combined costsharing be-
tween the various projects in a partnership agreement 
for the facility under this subsection. 
‘‘(4) SPECIFIED
FEDERAL
FUNDING
SOURCES 
AND COST SHARING.— 
‘‘(A) SPECIFIED
FEDERAL
FUNDING.—A 
partnership agreement with respect to a facility 
under this subsection shall specify— 
‘‘(i) the Federal funding sources and 
combined cost-sharing when applicable to 
multiple water resources projects; and 
‘‘(ii) the responsibilities and risks of 
each of the parties relating to present and 
future dredged material managed by the fa-
cility. 
‘‘(B) MANAGEMENT OF SEDIMENTS.— 
‘‘(i) 
IN
GENERAL.—A 
partnership 
agreement under this subsection may in-
clude the management of sediments from the 
maintenance dredging of Federal water re-
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sources projects that do not have partner-
ship agreements. 
‘‘(ii) 
PAYMENTS.—A 
partnership 
agreement under this subsection may allow 
the non-Federal interest to receive reimburs-
able payments from the Federal Government 
for commitments made by the non-Federal 
interest for disposal or placement capacity 
at dredged material processing, treatment, 
contaminant reduction, or disposal facili-
ties. 
‘‘(C) CREDIT.—A partnership agreement 
under this subsection may allow costs incurred 
by the non-Federal interest before execution of 
the partnership agreement to be credited in ac-
cordance with section 221(a)(4) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)). 
‘‘(5) CREDIT.— 
‘‘(A) EFFECT ON EXISTING AGREEMENTS.— 
Nothing in this subsection supersedes or modifies 
an agreement in effect on the date of enactment 
of this paragraph between the Federal Govern-
ment and any non-Federal interest for the cost- 
sharing, construction, and operation and main-
tenance of a water resources project. 
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‘‘(B) CREDIT FOR FUNDS.—Subject to the 
approval of the Secretary and in accordance 
with law (including regulations and policies) in 
effect on the date of enactment of this paragraph, 
a non-Federal interest for a water resources 
project may receive credit for funds provided for 
the acquisition, design, construction, manage-
ment, or operation of a dredged material proc-
essing, treatment, contaminant reduction, or dis-
posal facility to the extent the facility is used to 
manage dredged material from the project. 
‘‘(C) NON-FEDERAL
INTEREST
RESPON-
SIBILITIES.—A non-Federal interest entering 
into a partnership agreement under this sub-
section for a facility shall— 
‘‘(i) be responsible for providing all 
necessary lands, easements, rights-of-way, 
and relocations associated with the facility; 
and 
‘‘(ii) receive credit toward the non-Fed-
eral share of the cost of the project with re-
spect to which the agreement is being en-
tered into for those items.’’; and 
(3) in paragraphs (1) and (2)(A) of subsection 
(d) (as redesignated by paragraph (1))— 
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(A) by inserting ‘‘and maintenance’’ after 
‘‘operation’’ each place it appears; and 
(B) by inserting ‘‘processing, treatment, 
contaminant reduction, or’’ after ‘‘dredged mate-
rial’’ the first place it appears in each of those 
paragraphs. 
SEC. 2013. WETLANDS MITIGATION. 
In carrying out a water resources project that involves 
wetlands mitigation and that has impacts that occur within 
the same watershed of a mitigation bank, the Secretary, to 
the maximum extent practicable and where appropriate, 
shall first consider the use of the mitigation bank if the bank 
contains sufficient available credits to offset the impact and 
the bank is approved in accordance with the Federal Guid-
ance for the Establishment, Use and Operation of Mitiga-
tion Banks (60 Fed. Reg. 58605) or other applicable Federal 
law (including regulations). 
SEC. 2014. MITIGATION FOR FISH AND WILDLIFE LOSSES. 
(a) MITIGATION PLAN CONTENTS.—Section 906(d) of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2283(d)) is amended by adding at the end the following: 
‘‘(3) CONTENTS.—A mitigation plan shall in-
clude— 
‘‘(A) a description of the physical action to 
be undertaken to achieve the mitigation objectives 
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within the watershed in which such losses occur 
and, in any case in which mitigation must take 
place outside the watershed, a justification de-
tailing the rationale for undertaking the mitiga-
tion outside of the watershed; 
‘‘(B) a description of the lands or interests 
in lands to be acquired for mitigation and the 
basis for a determination that such lands are 
available for acquisition; 
‘‘(C) the type, amount, and characteristics 
of the habitat being restored; 
‘‘(D) success criteria for mitigation based 
on replacement of lost functions and values of the 
habitat, including hydrologic and vegetative 
characteristics; and 
‘‘(E) a plan for any necessary monitoring 
to determine the success of the mitigation, in-
cluding the cost and duration of any monitoring 
and, to the extent practicable, the entities respon-
sible for any monitoring. 
‘‘(4) RESPONSIBILITY FOR MONITORING.—In any 
case in which it is not practicable to identify in a 
mitigation plan for a water resources project, the en-
tity responsible for monitoring at the time of a final 
report of the Chief of Engineers or other final decision 
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document for the project, such entity shall be identi-
fied in the partnership agreement entered into with 
the non-Federal interest.’’. 
(b) STATUS REPORT.— 
(1) IN GENERAL.—Concurrent with the Presi-
dent’s submission to Congress of the President’s re-
quest for appropriations for the Civil Works Program 
for a fiscal year, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report 
on the status of construction of projects that require 
mitigation under section 906 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283; 100 Stat. 
4186) and the status of such mitigation. 
(2) PROJECTS
INCLUDED.—The status report 
shall include the status of all projects that are under 
construction, all projects for which the President re-
quests funding for the next fiscal year, and all 
projects that have completed construction, but have 
not completed the mitigation required under section 
906 of the Water Resources Development Act of 1986. 
SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. 
(a) IN GENERAL.—In conducting a study of harbor 
and navigation improvements, the Secretary may rec-
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ommend a project without the need to demonstrate that the 
project is justified solely by national economic development 
benefits if the Secretary determines that— 
(1)(A) the community to be served by the project 
is at least 70 miles from the nearest surface accessible 
commercial port and has no direct rail or highway 
link to another community served by a surface acces-
sible port or harbor; or 
(B) the project would be located in the Common-
wealth of Puerto Rico, Guam, the Commonwealth of 
the Northern Mariana Islands, the United States Vir-
gin Islands, or American Samoa; 
(2) the harbor is economically critical such that 
over 80 percent of the goods transported through the 
harbor would be consumed within the community 
served by the harbor and navigation improvement; 
and 
(3) the long-term viability of the community 
would be threatened without the harbor and naviga-
tion improvement. 
(b) JUSTIFICATION.—In considering whether to rec-
ommend a project under subsection (a), the Secretary shall 
consider the benefits of the project to— 
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(1) public health and safety of the local commu-
nity, including access to facilities designed to protect 
public health and safety; 
(2) access to natural resources for subsistence 
purposes; 
(3) local and regional economic opportunities; 
(4) welfare of the local population; and 
(5) social and cultural value to the community. 
SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL. 
(a) IN GENERAL.—Section 204 of the Water Resources 
Development Act of 1992 (33 U.S.C. 2326) is amended by 
striking subsections (c) through (g) and inserting the fol-
lowing: 
‘‘(c) IN GENERAL.—The Secretary may carry out 
projects to transport and place sediment obtained in con-
nection with the construction, operation, or maintenance of 
an authorized water resources project at locations selected 
by a non-Federal entity for use in the construction, repair, 
or rehabilitation of projects determined by the Secretary to 
be in the public interest and associated with navigation, 
flood damage reduction, hydroelectric power, municipal 
and industrial water supply, agricultural water supply, 
recreation, hurricane and storm damage reduction, aquatic 
plant control, and environmental protection and restora-
tion. 
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‘‘(d) COOPERATIVE AGREEMENT.—Any project under-
taken pursuant to this section shall be initiated only after 
non-Federal interests have entered into an agreement with 
the Secretary in which the non-Federal interests agree to 
pay the non-Federal share of the cost of construction of the 
project and 100 percent of the cost of operation, mainte-
nance, replacement, and rehabilitation of the project in ac-
cordance with section 103 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2213). 
‘‘(e) SPECIAL RULE.—Construction of a project under 
subsection (a) for one or more of the purposes of protection, 
restoration, or creation of aquatic and ecologically related 
habitat, the cost of which does not exceed $750,000 and 
which will be located in a disadvantaged community as de-
termined by the Secretary, may be carried out at Federal 
expense. 
‘‘(f) DETERMINATION
OF CONSTRUCTION COSTS.— 
Costs associated with construction of a project under this 
section shall be limited solely to construction costs that are 
in excess of those costs necessary to carry out the dredging 
for construction, operation, or maintenance of the author-
ized water resources project in the most cos- effective way, 
consistent with economic, engineering, and environmental 
criteria. 
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‘‘(g) SELECTION OF SEDIMENT DISPOSAL METHOD.— 
In developing and carrying out a water resources project 
involving the disposal of sediment, the Secretary may select, 
with the consent of the non-Federal interest, a disposal 
method that is not the least cost option if the Secretary de-
termines that the incremental costs of such disposal method 
are reasonable in relation to the environmental benefits, in-
cluding the benefits to the aquatic environment to be derived 
from the creation of wetlands and control of shoreline ero-
sion. The Federal share of such incremental costs shall be 
determined in accordance with subsections (d) and (f). 
‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b), for any project carried out under this section, a non- 
Federal interest may include a nonprofit entity, with the 
consent of the affected local government. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $30,000,000 annually for 
projects under this section of which not more than 
$3,000,000 annually may be used for construction of 
projects described in subsection (e). Such sums shall remain 
available until expended. 
‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLANNING.— 
In consultation with appropriate State and Federal agen-
cies, the Secretary may develop, at Federal expense, plans 
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for regional management of sediment obtained in conjunc-
tion with the construction, operation, or maintenance of 
water resources projects, including potential beneficial uses 
of sediment for construction, repair, or rehabilitation of 
public projects for navigation, flood damage reduction, hy-
droelectric power, municipal and industrial water supply, 
agricultural water supply, recreation, hurricane and storm 
damage reduction, aquatic plant control, and environ-
mental protection and restoration. 
‘‘(k) USE OF FUNDS.— 
‘‘(1) NON-FEDERAL INTEREST.—The non-Federal 
interest for a project described in this section may 
use, and the Secretary shall accept, funds provided 
under any other Federal program, to satisfy, in whole 
or in part, the non-Federal share of the cost of such 
project if such funds are authorized to be used to 
carry out such project. 
‘‘(2) OTHER FEDERAL AGENCIES.—The non-Fed-
eral share of the cost of construction of a project 
under this section may be met through contributions 
from a Federal agency made directly to the Secretary, 
with the consent of the affected local government, if 
such funds are authorized to be used to carry out such 
project. Before initiating a project to which this para-
graph applies, the Secretary shall enter into an agree-
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ment with a non-Federal interest in which the non- 
Federal interest agrees to pay 100 percent of the cost 
of operation, maintenance, replacement, and rehabili-
tation of the project.’’. 
(b) REPEAL.— 
(1) IN GENERAL.—Section 145 of the Water Re-
sources Development Act of 1976 (33 U.S.C. 426j) is 
repealed. 
(2) HOLD
HARMLESS.—The repeal made by 
paragraph (1) shall not affect the authority of the 
Secretary to complete any project being carried out 
under such section 145 on the day before the date of 
enactment of this Act. 
(c) PRIORITY AREAS.—In carrying out section 204 of 
the Water Resources Development Act of 1992 (33 U.S.C. 
2326), the Secretary shall give priority to the following: 
(1) A project at Little Rock Slackwater Harbor, 
Arkansas. 
(2) A project at Egmont Key, Florida. 
(3) A project in the vicinity of Calcasieu Ship 
Channel, Louisiana. 
(4) A project in the vicinity of the Smith Point 
Park Pavilion and the TWA Flight 800 Memorial, 
Brookhaven, New York. 
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(5) A project in the vicinity of Morehead City, 
North Carolina. 
(6) A project in the vicinity of Galveston Bay, 
Texas. 
(7) A project at Benson Beach, Washington. 
SEC. 
2017. 
COST-SHARING 
PROVISIONS 
FOR 
CERTAIN 
AREAS. 
Section 1156 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended to 
read as follows: 
‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN 
AREAS. 
‘‘The Secretary shall waive local cost-sharing require-
ments up to $500,000 for all studies and projects— 
‘‘(1) in the Commonwealth of Puerto Rico, 
American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, and the United States 
Virgin Islands; 
‘‘(2) in Indian country (as defined in section 
1151 of title 18, United States Code, and including 
lands that are within the jurisdictional area of an 
Oklahoma Indian tribe, as determined by the Sec-
retary of the Interior, and are recognized by the Sec-
retary of the Interior as eligible for trust land status 
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