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Engineers dated October 24, 2006, at a total cost of
$712,103,000, with an estimated Federal cost of
$31,229,000 and an estimated non-Federal cost of
$680,874,000.
(43) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The
project for the Atlantic Intracoastal Waterway Bridge
Replacement, Deep Creek, Chesapeake, Virginia: Re-
port of the Chief of Engineers dated March 3, 2003,
at a total cost of $37,200,000.
(44) 
CHEHALIS
RIVER, 
CENTRALIA, 
WASH-
INGTON.—The project for flood damage reduction,
Centralia, Washington, authorized by section 401(a)
of the Water Resources Development Act of 1986
(Public Law 99–662; 100 Stat. 4126)—
(A) is modified to be carried out at a total
cost of $123,770,000, with a Federal cost of
$74,740,000, 
and 
a 
non-Federal 
cost 
of
$49,030,000; and
(B) shall be carried out by the Secretary
substantially in accordance with the plans, and
subject to the conditions, recommended in the
final report of the Chief of Engineers dated Sep-
tember 27, 2004.
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SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVE-
MENTS AND ECOSYSTEM RESTORATION PLAN
FOR UPPER MISSISSIPPI RIVER AND ILLINOIS
WATERWAY SYSTEM.
(a) DEFINITIONS.—In this section:
(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-
linois, River Mile 0.0, to T.J. O’Brien Lock in
Chicago, Illinois, River Mile 327.0.
(b) AUTHORIZATION OF CONSTRUCTION OF NAVIGA-
TION IMPROVEMENTS.—
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(1) SMALL SCALE AND NONSTRUCTURAL MEAS-
URES.—
(A) IN GENERAL.—The Secretary shall, in
general conformance with the Plan—
(i) construct mooring facilities at
Locks 12, 14, 18, 20, 22, 24, and LaGrange
Lock;
(ii) provide switchboats at Locks 20
through 25; and
(iii) conduct development and testing
of an appointment scheduling system.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—The total cost of the projects authorized
under this paragraph shall be $256,000,000. The
costs of construction of the projects shall be paid
1⁄2 from amounts appropriated from the general
fund of the Treasury and 1⁄2 from amounts ap-
propriated from the Inland Waterways Trust
Fund. Such sums shall remain available until
expended.
(2) NEW LOCKS.—
(A) IN GENERAL.—The Secretary shall, in
general conformance with the Plan, construct
new 1,200-foot locks at Locks 20, 21, 22, 24, and
25 on the Upper Mississippi River and at La-
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Grange Lock and Peoria Lock on the Illinois
Waterway.
(B) MITIGATION.—The Secretary shall con-
duct mitigation for the new locks and small scale
and nonstructural measures authorized under
paragraphs (1) and (2).
(C) CONCURRENCE.—The mitigation re-
quired under subparagraph (B) for the projects
authorized under paragraphs (1) and (2), in-
cluding any acquisition of lands or interests in
lands, shall be undertaken or acquired concur-
rently with lands and interests for the projects
authorized under paragraphs (1) and (2), and
physical construction required for the purposes of
mitigation shall be undertaken concurrently with
the physical construction of such projects.
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—The total cost of the projects authorized
under this paragraph shall be $1,948,000,000.
The costs of construction on the projects shall be
paid 1⁄2 from amounts appropriated from the
general fund of the Treasury and 1⁄2 from
amounts appropriated from the Inland Water-
ways Trust Fund. Such sums shall remain
available until expended.
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(c) ECOSYSTEM RESTORATION AUTHORIZATION.—
(1) OPERATION.—To ensure the environmental
sustainability of the existing Upper Mississippi River
and Illinois Waterway System, the Secretary shall
modify, consistent with requirements to avoid adverse
effects on navigation, the operation of the Upper Mis-
sissippi River and Illinois Waterway System to ad-
dress the cumulative environmental impacts of oper-
ation of the system and improve the ecological integ-
rity of the Upper Mississippi River and Illinois
River.
(2) ECOSYSTEM RESTORATION PROJECTS.—
(A) IN
GENERAL.—The Secretary shall
carry out, consistent with requirements to avoid
adverse effects on navigation, ecosystem restora-
tion projects to attain and maintain the sustain-
ability of the ecosystem of the Upper Mississippi
River and Illinois River in accordance with the
general framework outlined in the Plan.
(B) PROJECTS INCLUDED.—Ecosystem res-
toration projects may include, but are not lim-
ited to—
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
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(iv) water level management (includ-
ing water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration
and modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for envi-
ronmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway, dam, and levee modi-
fication to benefit the environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) COST SHARING.—
(i) IN GENERAL.—Except as provided
in clauses (ii) and (iii), the Federal share
of the cost of carrying out an ecosystem res-
toration project under this paragraph shall
be 65 percent.
(ii) EXCEPTION
FOR
CERTAIN
RES-
TORATION
PROJECTS.—In the case of a
project under this subparagraph for eco-
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system 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 or
structures for navigation; or
(III) is located on federally owned
land.
(iii) SAVINGS
CLAUSE.—Nothing in
this paragraph affects the applicability of
section 906(e) of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2283).
(iv) 
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 section, a non-Federal sponsor
may include a nonprofit entity, with the
consent of the affected local government.
(D) LAND
ACQUISITION.—The Secretary
may acquire land or an interest in land for an
ecosystem restoration project from a willing
owner through conveyance of—
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(i) fee title to the land; or
(ii) a flood plain conservation ease-
ment.
(3) 
ECOSYSTEM
RESTORATION
PRECONSTRUCTION ENGINEERING AND DESIGN.—
(A) RESTORATION
DESIGN.—Before initi-
ating the construction of any individual eco-
system restoration project, the Secretary shall—
(i) establish ecosystem restoration goals
and identify specific performance measures
designed to demonstrate ecosystem restora-
tion;
(ii) establish the without-project condi-
tion or baseline for each performance indi-
cator; and
(iii) for each separable element of the
ecosystem restoration, identify specific tar-
get goals for each performance indicator.
(B) 
OUTCOMES.—Performance 
measures
identified under subparagraph (A)(i) should
comprise specific measurable environmental out-
comes, such as changes in water quality, hydrol-
ogy, or the well-being of indicator species the
population and distribution of which are rep-
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resentative of the abundance and diversity of eco-
system-dependent aquatic and terrestrial species.
(C) RESTORATION DESIGN.—Restoration de-
sign carried out as part of ecosystem restoration
shall include a monitoring plan for the perform-
ance measures identified under subparagraph
(A)(i), including—
(i) a timeline to achieve the identified
target goals; and
(ii) a timeline for the demonstration of
project completion.
(4) SPECIFIC PROJECTS AUTHORIZATION.—
(A) IN GENERAL.—There is authorized to be
appropriated to carry out this subsection
$1,717,000,000, 
of 
which 
not 
more 
than
$245,000,000 shall be available for projects de-
scribed in paragraph (2)(B)(ii) and not more
than $48,000,000 shall be available for projects
described in paragraph (2)(B)(x). Such sums
shall remain available until expended.
(B) LIMITATION ON AVAILABLE FUNDS.—Of
the amounts made available under subparagraph
(A), not more than $35,000,000 for each fiscal
year shall be available for land acquisition
under paragraph (2)(D).
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(C) INDIVIDUAL
PROJECT
LIMIT.—Other
than for projects described in clauses (ii) and (x)
of paragraph (2)(B), the total cost of any single
project carried out under this subsection shall
not exceed $25,000,000.
(5) IMPLEMENTATION REPORTS.—
(A) IN GENERAL.—Not later than June 30,
2008, and every 5 years thereafter, the Secretary
shall submit to the Committee on Environment
and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of
the House of Representatives an implementation
report that—
(i) includes baselines, milestones, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting
the goals.
(B) ADVISORY PANEL.—
(i) IN GENERAL.—The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the devel-
opment of each implementation report
under subparagraph (A).
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(ii) PANEL MEMBERS.—Panel members
shall include—
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa, Min-
nesota, Missouri, and Wisconsin;
(II) 1 representative of the De-
partment of Agriculture;
(III) 1 representative of the De-
partment of Transportation;
(IV) 
representative 
of 
the
United States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the Envi-
ronmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of con-
servation and environmental advocacy
groups; and
(IX) 2 representatives of agri-
culture and industry advocacy groups.
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(iii) CHAIRPERSON.—The Secretary
shall serve as chairperson of the advisory
panel.
(iv) NONAPPLICABILITY OF FACA.—The
Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Panel
or any working group established by the
Advisory Panel.
(6) RANKING SYSTEM.—
(A) IN GENERAL.—The Secretary, in con-
sultation with the Advisory Panel, shall develop
a system to rank proposed projects.
(B) PRIORITY.—The ranking system shall
give greater weight to projects that restore nat-
ural river processes, including those projects list-
ed in paragraph (2)(B).
(d) COMPARABLE PROGRESS.—
(1) IN
GENERAL.—As the Secretary conducts
pre-engineering, design, and construction for projects
authorized under this section, the Secretary shall—
(A) select appropriate milestones; and
(B) determine, at the time of such selection,
whether the projects are being carried out at
comparable rates.
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(2) NO COMPARABLE RATE.—If the Secretary de-
termines under paragraph (1)(B) that projects au-
thorized under this subsection are not moving toward
completion at a comparable rate, annual funding re-
quests for the projects will be adjusted to ensure that
the projects move toward completion at a comparable
rate in the future.
SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RES-
TORATION, LOUISIANA.
(a) IN GENERAL.—The Secretary may carry out a
program for ecosystem restoration, Louisiana Coastal Area,
Louisiana, substantially in accordance with the report of
the Chief of Engineers, dated January 31, 2005.
(b) PRIORITIES.—
(1) IN GENERAL.—In carrying out the program
under subsection (a), the Secretary shall give priority
to—
(A) any portion of the program identified
in the report described in subsection (a) as a
critical restoration feature;
(B) any Mississippi River diversion project
that—
(i) protects a major population area of
the Pontchartrain, Pearl, Breton Sound,
Barataria, or Terrebonne Basin; and