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(c) CONCURRENCE.—The mitigation required for the 
projects authorized under subsections (a) and (b), includ-
ing any acquisition of lands or interests in lands, shall be 
undertaken or acquired concurrently with lands and inter-
ests 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 navi-
gation, the operation of the Upper Mississippi River and 
Illinois Waterway System to address the cumulative envi-
ronmental impacts of operation of the system and improve 
the ecological integrity of the Upper Mississippi River and 
Illinois 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 eco-
system of the Upper Mississippi River and Illinois
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River in accordance with the general framework out-
lined 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; 
(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
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of the cost of carrying out an ecosystem res-
toration project under this subsection shall be 
65 percent. 
(B) EXCEPTION FOR CERTAIN RESTORA-
TION
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 struc-
tures for navigation; or 
(iii) is located on federally owned 
land. 
(C) SAVINGS
CLAUSE.—Nothing in this 
subsection affects the applicability of section 
906(e) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2283(e)). 
(D) 
NONGOVERNMENTAL
ORGANIZA-
TIONS.—Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d– 
5(b)), for any project carried out under this 
title, a non-Federal sponsor may include a non-
profit entity, with the consent of the affected 
local government.
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(4) LAND
ACQUISITION.—The Secretary may 
acquire 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 
ENGINEERING AND DESIGN.— 
(1) RESTORATION
DESIGN.—Before initiating 
the construction of any individual ecosystem restora-
tion project, the Secretary shall— 
(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 indicator species the population and dis-
tribution of which are representative of the abun-
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dance 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 meas-
ures 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. 
(d) SPECIFIC PROJECTS AUTHORIZATION.— 
(1) IN GENERAL.—There is authorized to be 
appropriated 
to 
carry 
out 
this 
subsection 
$1,580,000,000, 
of 
which 
not 
more 
than 
$226,000,000 shall be available for projects de-
scribed in subsection (b)(2)(B) and not more than 
$43,000,000 shall be available for projects described 
in subsection (b)(2)(J). 
(2) LIMITATION ON AVAILABLE FUNDS.—Of the 
amounts made available under paragraph (1), not 
more than $35,000,000 in any fiscal year may be 
used for land acquisition under subsection (b)(4). 
(3) INDIVIDUAL PROJECT LIMIT.—Other than 
for projects described in subparagraphs (B) and (J) 
of subsection (b)(2), the total cost of any single
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project carried out under this subsection shall not 
exceed $25,000,000. 
(e) IMPLEMENTATION REPORTS.— 
(1) IN
GENERAL.—Not later than June 30, 
2007, and every 4 years thereafter, the Secretary 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives an implementation report that— 
(A) includes baselines, milestones, goals, 
and 
priorities 
for 
ecosystem 
restoration 
projects; and 
(B) measures the progress in meeting the 
goals. 
(2) ADVISORY PANEL.— 
(A) IN GENERAL.—The Secretary shall ap-
point and convene an advisory panel to provide 
independent guidance in the development of 
each implementation report under paragraph 
(1). 
(B) PANEL
MEMBERS.—Panel members 
shall include— 
(i) one representative of each of the 
State resource agencies (or a designee of 
the Governor of the State) from each of
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the States of Illinois, Iowa, Minnesota, 
Missouri, and Wisconsin; 
(ii) one representative of the Depart-
ment of Agriculture; 
(iii) one representative of the Depart-
ment of Transportation; 
(iv) one representative of the United 
States Geological Survey; 
(v) one representative of the United 
States Fish and Wildlife Service; 
(vi) one representative of the Environ-
mental Protection Agency; 
(vii) one representative of affected 
landowners; 
(viii) two representatives of conserva-
tion and environmental advocacy groups; 
and 
(ix) two representatives of agriculture 
and industry advocacy groups. 
(C) CHAIRPERSON.—The Secretary shall 
serve as chairperson of the advisory panel. 
(D) APPLICATION OF FEDERAL ADVISORY 
COMMITTEE ACT.—The Advisory Panel and any 
working group established by the Advisory 
Panel shall not be considered an advisory com-
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mittee under the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(f) RANKING SYSTEM.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Advisory Panel, shall develop a system 
to rank proposed projects. 
(2) PRIORITY.—The ranking system shall give 
greater weight to projects that restore natural river 
processes, including those projects listed in sub-
section (b)(2). 
SEC. 8005. COMPARABLE PROGRESS. 
(a) IN GENERAL.—As the Secretary conducts pre-en-
gineering, design, and construction for projects authorized 
under this title, the Secretary shall— 
(1) select appropriate milestones; 
(2) determine, at the time of such selection, 
whether the projects are being carried out at com-
parable rates; and 
(3) make an annual report to Congress, begin-
ning in fiscal year 2008, regarding whether the 
projects are being carried out at a comparable rate. 
(b) NO COMPARABLE RATE.—If the Secretary or 
Congress determines under subsection (a)(2) that projects 
authorized under this title are not moving toward comple-
tion at a comparable rate, annual funding requests for the
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projects shall be adjusted to ensure that the projects move 
toward completion at a comparable rate in the future. 
Passed the House of Representatives July 14, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 166 
109TH CONGRESS 
1ST SESSION 
H. R. 2864 
AN ACT 
To provide for the conservation and development of 
water and related resources, to authorize the Sec-
retary of the Army to construct various projects 
for improvements to rivers and harbors of the 
United States, and for other purposes. 
JULY 18, 2005 
Received; read twice and placed on the calendar