†
275
HR 2864 EAS
109–103; 119 Stat. 2247), funds made available for recov-
ery or mitigation activities in the lower basin of the Mis-
souri River may be used for recovery or mitigation activi-
ties in the upper basin of the Missouri River, including the
States of Montana, Nebraska, North Dakota, and South Da-
kota.
(b) CONFORMING AMENDMENT.—The matter under the
heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI, KANSAS,
IOWA, AND NEBRASKA’’ of section 601(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4143), as modi-
fied by section 334 of the Water Resources Development Act
of 1999 (113 Stat. 306), is amended by adding at the end
the following: ‘‘The Secretary may carry out any recovery
or mitigation activities in the upper basin of the Missouri
River, including the States of Montana, Nebraska, North
Dakota, and South Dakota, using funds made available
under this heading in accordance with the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) and consistent
with the project purposes of the Missouri River Mainstem
System as authorized by section 10 of the Act of December
22, 1944 (commonly known as the ‘Flood Control Act of
1944’) (58 Stat. 897).’’.
†
276
HR 2864 EAS
SEC. 3127. GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION PROGRAM.
(a) GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION.—Section 506(c) of the Water Resources Develop-
ment Act of 2000 (42 U.S.C. 1962d–22(c)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) RECONNAISSANCE STUDIES.—Before plan-
ning, designing, or constructing a project under para-
graph (3), the Secretary shall carry out a reconnais-
sance study—
‘‘(A) to identify methods of restoring the
fishery, ecosystem, and beneficial uses of the
Great Lakes; and
‘‘(B) to determine whether planning of a
project under paragraph (3) should proceed.’’;
and
(3) in paragraph (4)(A) (as redesignated by
paragraph (1)), by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’.
(b) COST SHARING.—Section 506(f) of the Water Re-
sources Development Act of 2000 (42 U.S.C. 1962d–22(f))
is amended—
†
277
HR 2864 EAS
(1) by redesignating paragraphs (2) through (5)
as paragraphs (3) through (6), respectively;
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) RECONNAISSANCE
STUDIES.—Any recon-
naissance study under subsection (c)(2) shall be car-
ried out at full Federal expense.’’;
(3) in paragraph (3) (as redesignated by para-
graph (1)), by striking ‘‘(2) or (3)’’ and inserting
‘‘(3) or (4)’’; and
(4) in paragraph (4)(A) (as redesignated by
paragraph (1)), by striking ‘‘subsection (c)(2)’’ and
inserting ‘‘subsection (c)(3)’’.
SEC. 3128. GREAT LAKES REMEDIAL ACTION PLANS AND
SEDIMENT REMEDIATION.
Section 401(c) of the Water Resources Development Act
of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended
by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’.
SEC. 3129. GREAT LAKES TRIBUTARY MODELS.
Section 516(g)(2) of the Water Resources Development
Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking
‘‘through 2006’’ and inserting ‘‘through 2011’’.
†
278
HR 2864 EAS
SEC. 3130. UPPER OHIO RIVER AND TRIBUTARIES NAVIGA-
TION SYSTEM NEW TECHNOLOGY PILOT PRO-
GRAM.
(a) DEFINITION OF UPPER OHIO RIVER AND TRIBU-
TARIES NAVIGATION SYSTEM.—In this section, the term
‘‘Upper Ohio River and Tributaries Navigation System’’
means the Allegheny, Kanawha, Monongahela, and Ohio
Rivers.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish
a pilot program to evaluate new technologies applica-
ble to the Upper Ohio River and Tributaries Naviga-
tion System.
(2) INCLUSIONS.—The program may include the
design, construction, or implementation of innovative
technologies and solutions for the Upper Ohio River
and 
Tributaries 
Navigation 
System, 
including
projects for—
(A) improved navigation;
(B) environmental stewardship;
(C) increased navigation reliability; and
(D) reduced navigation costs.
(3) PURPOSES.—The purposes of the program
shall be, with respect to the Upper Ohio River and
Tributaries Navigation System—
†
279
HR 2864 EAS
(A) to increase the reliability and avail-
ability of federally-owned and federally-operated
navigation facilities;
(B) to decrease system operational risks;
and
(C) to improve—
(i) vessel traffic management;
(ii) access; and
(iii) Federal asset management.
(c) FEDERAL OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is federally owned.
(d) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall enter into
local cooperation agreements with non-Federal inter-
ests to provide for the design, construction, installa-
tion, and operation of the projects to be carried out
under the program.
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall in-
clude the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a navigation improvement
†
280
HR 2864 EAS
project, including appropriate engineering plans
and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure the
effective long-term operation of the project.
(3) COST SHARING.—Total project costs under
each local cooperation agreement shall be cost-shared
in accordance with the formula relating to the appli-
cable original construction project.
(4) EXPENDITURES.—
(A) IN GENERAL.—Expenditures under the
program may include, for establishment at feder-
ally-owned property, such as locks, dams, and
bridges—
(i) transmitters;
(ii) responders;
(iii) hardware;
(iv) software; and
(v) wireless networks.
(B) EXCLUSIONS.—Transmitters, respond-
ers, hardware, software, and wireless networks or
other equipment installed on privately-owned
vessels or equipment shall not be eligible under
the program.
†
281
HR 2864 EAS
(e) REPORT.—Not later than December 31, 2007, the
Secretary shall submit to Congress a report on the results
of the pilot program carried out under this section, together
with recommendations concerning whether the program or
any component of the program should be implemented on
a national basis.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$3,100,000, to remain available until expended.
TITLE IV—STUDIES
SEC. 4001. EURASIAN MILFOIL.
Under the authority of section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall
carry out a study, at full Federal expense, to develop na-
tional protocols for the use of the Euhrychiopsis lecontei
weevil for biological control of Eurasian milfoil in the lakes
of Vermont and other northern tier States.
SEC. 4002. NATIONAL PORT STUDY.
(a) IN GENERAL.—The Secretary, in consultation with
the Secretary of Transportation, shall conduct a study of
the ability of coastal or deepwater port infrastructure to
meet current and projected national economic needs.
(b) COMPONENTS.—In conducting the study, the Sec-
retary shall—
(1) consider—
†
282
HR 2864 EAS
(A) the availability of alternate transpor-
tation destinations and modes;
(B) the impact of larger cargo vessels on ex-
isting port capacity; and
(C) practicable, cost-effective congestion
management alternatives; and
(2) give particular consideration to the benefits
and proximity of proposed and existing port, harbor,
waterway, and other transportation infrastructure.
(c) REPORT.—Not later than 180 days after the date
of enactment of this Act, 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 a report that describes the
results of the study.
SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA-
TION CHANNEL.
(a) IN GENERAL.—To determine with improved accu-
racy the environmental impacts of the project on the
McClellan-Kerr Arkansas River Navigation Channel (re-
ferred to in this section as the ‘‘MKARN’’), the Secretary
shall carry out the measures described in subsection (b) in
a timely manner.
(b) SPECIES STUDY.—
†
283
HR 2864 EAS
(1) IN GENERAL.—The Secretary, in conjunction
with Oklahoma State University, shall convene a
panel of experts with acknowledged expertise in wild-
life biology and genetics to review the available sci-
entific information regarding the genetic variation of
various sturgeon species and possible hybrids of those
species that, as determined by the United States Fish
and Wildlife Service, may exist in any portion of the
MKARN.
(2) REPORT.—The Secretary shall direct the
panel to report to the Secretary, not later than 1 year
after the date of enactment of this Act and in the best
scientific judgment of the panel—
(A) the level of genetic variation between
populations of sturgeon sufficient to determine or
establish that a population is a measurably dis-
tinct species, subspecies, or population segment;
and
(B) whether any pallid sturgeons that may
be found in the MKARN (including any tribu-
tary of the MKARN) would qualify as such a
distinct species, subspecies, or population seg-
ment.
†
284
HR 2864 EAS
SEC. 4004. LOS ANGELES RIVER REVITALIZATION STUDY,
CALIFORNIA.
(a) IN GENERAL.—The Secretary, in coordination
with the city of Los Angeles, shall—
(1) prepare a feasibility study for environmental
ecosystem restoration, flood control, recreation, and
other aspects of Los Angeles River revitalization that
is consistent with the goals of the Los Angeles River
Revitalization Master Plan published by the city of
Los Angeles; and
(2) consider any locally-preferred project alter-
natives developed through a full and open evaluation
process for inclusion in the study.
(b) USE
OF EXISTING INFORMATION
AND MEAS-
URES.—In preparing the study under subsection (a), the
Secretary shall use, to the maximum extent practicable—
(1) information obtained from the Los Angeles
River Revitalization Master Plan; and
(2) the development process of that plan.
(c) DEMONSTRATION PROJECTS.—
(1) IN GENERAL.—The Secretary is authorized to
construct demonstration projects in order to provide
information to develop the study under subsection
(a)(1).
†
285
HR 2864 EAS
(2) FEDERAL SHARE.—The Federal share of the
cost of any project under this subsection shall be not
more than 65 percent.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $12,000,000.
SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.
The Secretary shall carry out a study for bank sta-
bilization and shore protection for Nicholas Canyon, Los
Angeles, California, under section 3 of the Act of August
13, 1946 (33 U.S.C. 426g).
SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL
STUDY.
Section 414 of the Water Resources Development Act
of 2000 (114 Stat. 2636) is amended by striking ‘‘32
months’’ and inserting ‘‘44 months’’.
SEC. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT,
ST. HELENA, CALIFORNIA.
(a) FLOOD PROTECTION PROJECT.—
(1) REVIEW.—The Secretary shall review the
project for flood control and environmental restora-
tion at St. Helena, California, generally in accord-
ance with Enhanced Minimum Plan A, as described
in the final environmental impact report prepared by
the city of St. Helena, California, and certified by the
†
286
HR 2864 EAS
city to be in compliance with the California Environ-
mental Quality Act on February 24, 2004.
(2) ACTION
ON
DETERMINATION.—If the Sec-
retary determines under paragraph (1) that the
project is economically justified, technically sound,
and environmentally acceptable, the Secretary is au-
thorized to carry out the project at a total cost of
$30,000,000, with an estimated Federal cost of
$19,500,000 and an estimated non-Federal cost of
$10,500,000.
(b) COST SHARING.—Cost sharing for the project de-
scribed in subsection (a) shall be in accordance with section
103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA-
QUIN DELTA, SHERMAN ISLAND, CALIFORNIA.
The Secretary shall carry out a study of the feasibility
of a project to use Sherman Island, California, as a dredged
material rehandling facility for the beneficial use of dredged
material to enhance the environment and meet other water
resource needs on the Sacramento-San Joaquin Delta, Cali-
fornia, under section 204 of the Water Resources Develop-
ment Act of 1992 (33 U.S.C. 2326).
†
287
HR 2864 EAS
SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY,
CALIFORNIA.
(a) IN GENERAL.—The Secretary, in cooperation with
non-Federal interests, shall conduct a study of the feasi-
bility of carrying out a project for—
(1) flood protection of South San Francisco Bay
shoreline;
(2) restoration of the South San Francisco Bay
salt ponds (including on land owned by other Federal
agencies); and
(3) other related purposes, as the Secretary deter-
mines to be appropriate.
(b) INDEPENDENT REVIEW.—To the extent required by
applicable Federal law, a national science panel shall con-
duct an independent review of the study under subsection
(a).
(c) REPORT.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, the Secretary shall
submit to Congress a report describing the results of
the study under subsection (a).
(2) INCLUSIONS.—The report under paragraph
(1) shall include recommendations of the Secretary
with respect to the project described in subsection (a)
based on planning, design, and land acquisition docu-
ments prepared by—
†
288
HR 2864 EAS
(A) the California State Coastal Conser-
vancy;
(B) the Santa Clara Valley Water District;
and
(C) other local interests.
SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION,
CALIFORNIA.
(a) IN GENERAL.—The Secretary shall complete work
as expeditiously as practicable on the San Pablo watershed,
California, study authorized by section 209 of the Flood
Control Act of 1962 (76 Stat. 1196) to determine the feasi-
bility of opportunities for restoring, preserving, and pro-
tecting the San Pablo Bay Watershed.
(b) REPORT.—Not later than March 31, 2008, the Sec-
retary shall submit to Congress a report that describes the
results of the study.
SEC. 4011. FOUNTAIN CREEK, NORTH OF PUEBLO, COLO-
RADO.
Subject to the availability of appropriations, the Sec-
retary shall expedite the completion of the Fountain Creek,
North of Pueblo, Colorado, watershed study authorized by
a resolution adopted by the House of Representatives on
September 23, 1976.
†
289
HR 2864 EAS
SEC. 4012. SELENIUM STUDY, COLORADO.
(a) IN GENERAL.—The Secretary, in consultation with
State water quality and resource and conservation agencies,
shall conduct regional and watershed-wide studies to ad-
dress selenium concentrations in the State of Colorado, in-
cluding studies—
(1) to measure selenium on specific sites; and
(2) to determine whether specific selenium meas-
ures studied should be recommended for use in dem-
onstration projects.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000.
SEC. 4013. PROMONTORY POINT THIRD-PARTY REVIEW, CHI-
CAGO SHORELINE, CHICAGO, ILLINOIS.
(a) REVIEW.—
(1) IN GENERAL.—The Secretary is authorized to
conduct a third-party review of the Promontory Point
project along the Chicago Shoreline, Chicago, Illinois,
at a cost not to exceed $450,000.
(2) JOINT
REVIEW.—The Buffalo and Seattle
Districts of the Corps of Engineers shall jointly con-
duct the review under paragraph (1).
(3) STANDARDS.—The review shall be based on
the standards under part 68 of title 36, Code of Fed-
eral Regulations (or successor regulation), for imple-
†
290
HR 2864 EAS
mentation by the non-Federal sponsor for the Chicago
Shoreline Chicago, Illinois, project.
(b) CONTRIBUTIONS.—The Secretary shall accept from
a State or political subdivision of a State voluntarily con-
tributed funds to initiate the third-party review.
(c) TREATMENT.—While the third-party review is of
the Promontory Point portion of the Chicago Shoreline,
Chicago, Illinois, project, the third-party review shall be
separate and distinct from the Chicago Shoreline, Chicago,
Illinois, project.
(d) EFFECT OF SECTION.—Nothing in this section af-
fects the authorization for the Chicago Shoreline, Chicago,
Illinois, project.
SEC. 4014. VIDALIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for navigation improve-
ment at Vidalia, Louisiana.
SEC. 4015. LAKE ERIE AT LUNA PIER, MICHIGAN.
The Secretary shall study the feasibility of storm dam-
age reduction and beach erosion protection and other re-
lated purposes along Lake Erie at Luna Pier, Michigan.
SEC. 4016. MIDDLE BASS ISLAND STATE PARK, MIDDLE
BASS ISLAND, OHIO.
The Secretary shall carry out a study of the feasibility
of a project for navigation improvements, shoreline protec-
†
291
HR 2864 EAS
tion, and other related purposes, including the rehabilita-
tion the harbor basin (including entrance breakwaters), in-
terior shoreline protection, dredging, and the development
of a public launch ramp facility, for Middle Bass Island
State Park, Middle Bass Island, Ohio.
SEC. 4017. JASPER COUNTY PORT FACILITY STUDY, SOUTH
CAROLINA.
(a) IN GENERAL.—The Secretary may determine the
feasibility of providing improvements to the Savannah
River for navigation and related purposes that may be nec-
essary to support the location of container cargo and other
port facilities to be located in Jasper County, South Caro-
lina, near the vicinity of mile 6 of the Savannah Harbor
Entrance Channel.
(b) CONSIDERATION.—In making a determination
under subsection (a), the Secretary shall take into
consideration—
(1) landside infrastructure;
(2) the provision of any additional dredged ma-
terial disposal area for maintenance of the ongoing
Savannah Harbor Navigation project; and
(3) the results of a consultation with the Gov-
ernor of the State of Georgia and the Governor of the
State of South Carolina.
†
292
HR 2864 EAS
SEC. 4018. JOHNSON CREEK, ARLINGTON, TEXAS.
The Secretary shall conduct a feasibility study to de-
termine the technical soundness, economic feasibility, and
environmental acceptability of the plan prepared by the
city of Arlington, Texas, as generally described in the report
entitled ‘‘Johnson Creek: A Vision of Conservation, Arling-
ton, Texas’’, dated March 2006.
SEC. 4019. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND
NEW YORK.
(a) DISPERSAL BARRIER PROJECT.—The Secretary
shall determine, at full Federal expense, the feasibility of
a dispersal barrier project at the Lake Champlain Canal.
(b) 
CONSTRUCTION, 
MAINTENANCE, 
AND
OPER-
ATION.—If the Secretary determines that the project de-
scribed in subsection (a) is feasible, the Secretary shall con-
struct, maintain, and operate a dispersal barrier at the
Lake Champlain Canal at full Federal expense.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 5001. LAKES PROGRAM.
Section 602(a) of the Water Resources Development
Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295)
is amended—
(1) in paragraph (18), by striking ‘‘and’’ at the
end;