(23) CEMENTON DAM, LEHIGH RIVER, PENN-
SYLVANIA.—Project for aquatic ecosystem restora-
tion, Cementon Dam, Lehigh River, Pennsylvania. 
(24) SAUCON CREEK, NORTHAMPTON COUNTY, 
PENNSYLVANIA.—Project for aquatic ecosystem res-
toration, Saucon Creek, Northampton County, Penn-
sylvania. 
(25) BLACKSTONE
RIVER, RHODE
ISLAND.— 
Project for aquatic ecosystem restoration, Black-
stone River, Rhode Island. 
(26) WILSON BRANCH, CHERAW, SOUTH CARO-
LINA.—Project for aquatic ecosystem restoration, 
Wilson Branch, Cheraw, South Carolina. 
(27) WHITE
RIVER, 
BETHEL, 
VERMONT.— 
Project for aquatic ecosystem restoration, White 
River, Bethel, Vermont. 
(b) SPECIAL RULE.—The Secretary shall carry out 
the project for aquatic ecosystem restoration, Black Lake, 
Alaska referred to in subsection (a) if the Secretary deter-
mines that the project is feasible. 
SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC-
TION. 
The Secretary shall conduct a study for each of the 
following projects and, if the Secretary determines that 
a project is feasible, may carry out the project under sec-
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tion 3 of the Act entitled ‘‘An Act authorizing Federal 
participation in the cost of protecting the shores of pub-
licly owned property’’, approved August 13, 1946 (33 
U.S.C. 426g): 
(1) NELSON
LAGOON, ALASKA.—Project for 
shoreline protection, Nelson Lagoon, Alaska. 
(2) SANIBEL
ISLAND, FLORIDA.—Project for 
shoreline protection, Sanibel Island, Florida. 
(3) APRA HARBOR, GUAM.—Project for shore-
line protection, Apra Harbor, Guam. 
(4) PITI, CABRAS ISLAND, GUAM.—Project for 
shoreline protection, Piti, Cabras Island, Guam. 
(5) NARROWS
AND
GRAVESEND
BAY, UPPER 
NEW YORK BAY, BROOKLYN, NEW YORK.—Project 
for shoreline protection in the vicinity of the con-
fluence of the Narrows and Gravesend Bay, Upper 
New York Bay, Shore Parkway Greenway, Brooklyn, 
New York. 
(6) DELAWARE RIVER, PHILADELPHIA NAVAL 
SHIPYARD, PENNSYLVANIA.—Project for shoreline 
protection, Delaware River in the vicinity of the 
Philadelphia Naval Shipyard, Pennsylvania. 
(7) PORT ARANSAS, TEXAS.—Project for shore-
line protection, Port Aransas, Texas. 
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SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI-
MENT REMOVAL. 
The Secretary shall conduct a study for the following 
project and, if the Secretary determines that the project 
is feasible, the Secretary may carry out the project under 
section 2 of the Flood Control Act of August 28, 1937 
(33 U.S.C. 701g): Project for removal of snags and clear-
ing and straightening of channels for flood control, 
Kowawese Unique Area and Hudson River, New Windsor, 
New York. 
TITLE II—GENERAL PROVISIONS 
SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 
Section 103 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2213) is amended by adding at the 
end the following: 
‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 
‘‘(1) PROHIBITION
ON
SOLICITATION
OF
EX-
CESS CONTRIBUTIONS.—The Secretary may not— 
‘‘(A) solicit contributions from non-Federal 
interests for costs of constructing authorized 
water resources projects or measures in excess 
of the non-Federal share assigned to the appro-
priate project purposes listed in subsections (a), 
(b), and (c); or 
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‘‘(B) condition Federal participation in 
such projects or measures on the receipt of 
such contributions. 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to affect the Secretary’s authority under section 
903(c).’’. 
SEC. 2002. HARBOR COST SHARING. 
(a) PAYMENTS DURING CONSTRUCTION.—Section 
101(a)(1) of the Water Resources Development Act of 
1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended 
in each of subparagraphs (B) and (C) by striking ‘‘45 
feet’’ and inserting ‘‘53 feet’’. 
(b) 
OPERATION
AND
MAINTENANCE.—Section 
101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 
by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 
(c) DEFINITIONS.—Section 214 of such Act (33 
U.S.C. 2241; 100 Stat. 4108) is amended in each of para-
graphs (1) and (3) by striking ‘‘45 feet’’ and inserting 
‘‘53 feet’’. 
(d) APPLICABILITY.—The amendments made by sub-
sections (a), (b), and (c) shall apply only to a project, or 
separable element of a project, on which a contract for 
physical construction has not been awarded before October 
1, 2003. 
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(e) REVISION OF PARTNERSHIP AGREEMENT.—The 
Secretary shall revise any partnership agreement entered 
into after October 1, 2003, for any project to which the 
amendments made by subsections (a), (b), and (c) apply 
to take into account the change in non-Federal participa-
tion in the project as a result of such amendments. 
SEC. 2003. FUNDING TO PROCESS PERMITS. 
Section 214(c) of the Water Resources Development 
Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 
Stat. 1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 
3197) is amended by striking ‘‘2007’’ and inserting 
‘‘2010’’. 
SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE-
VELOPMENT 
AND 
DEMONSTRATION 
PRO-
GRAM. 
(a) EXTENSION OF PROGRAM.—Section 5(a) of the 
Act entitled ‘‘An Act authorizing Federal participation in 
the cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946 (33 U.S.C. 426h(a)), is 
amended by striking ‘‘7 years’’ and inserting ‘‘10 years’’. 
(b) EXTENSION OF PLANNING, DESIGN, AND CON-
STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 
U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’ 
and inserting ‘‘6 years’’. 
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(c) COST SHARING; REMOVAL OF PROJECTS.—Sec-
tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) COST SHARING.—The Secretary may enter 
into a cost sharing agreement with a non-Federal in-
terest to carry out a project, or a phase of a project, 
under the erosion control program in cooperation 
with the non-Federal interest. 
‘‘(4) REMOVAL OF PROJECTS.—The Secretary 
may pay all or a portion of the costs of removing a 
project, or an element of a project, constructed 
under the erosion control program if the Secretary 
determines during the term of the program that the 
project or element is detrimental to the environment, 
private property, or public safety.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended 
by striking ‘‘$25,000,000’’ and inserting ‘‘$31,000,000’’. 
SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 
PROTECTION PROJECTS. 
Section 3 of the Act entitled ‘‘An Act authorizing 
Federal participation in the cost of protecting the shores 
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of publicly owned property’’, approved August 13, 1946 
(33 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ 
and inserting ‘‘$5,000,000’’. 
SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. 
Section 206(e) of the Water Resources Development 
Act of 1996 (33 U.S.C. 2330) is amended by striking 
‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 
SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 
Section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and 
inserting ‘‘$60,000,000’’. 
SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVE-
MENT OF THE QUALITY OF THE ENVIRON-
MENT. 
Section 1135(h) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking 
‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 
SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES 
PROJECTS. 
(a) IN GENERAL.—Section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b) is amended— 
(1) by striking ‘‘SEC. 221’’ and inserting the 
following: 
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‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 
WATER RESOURCES PROJECTS.’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.— 
‘‘(1) IN GENERAL.—After December 31, 1970, 
the construction of any water resources project, or 
an acceptable separable element thereof, by the Sec-
retary of the Army, acting through the Chief of En-
gineers, or by a non-Federal interest where such in-
terest will be reimbursed for such construction under 
any provision of law, shall not be commenced until 
each non-Federal interest has entered into a written 
partnership agreement with the Secretary (or, where 
appropriate, the district engineer for the district in 
which the project will be carried out) under which 
each party agrees to carry out its responsibilities 
and requirements for implementation or construction 
of the project or the appropriate element of the 
project, as the case may be; except that no such 
agreement shall be required if the Secretary deter-
mines that the administrative costs associated with 
negotiating, executing, or administering the agree-
ment would exceed the amount of the contribution 
required from the non-Federal interest and are less 
than $25,000. 
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‘‘(2) LIQUIDATED
DAMAGES.—A partnership 
agreement described in paragraph (1) may include a 
provision for liquidated damages in the event of a 
failure of one or more parties to perform. 
‘‘(3) OBLIGATION
OF
FUTURE
APPROPRIA-
TIONS.—In any partnership agreement described in 
paragraph (1) and entered into by a State, or a body 
politic of the State which derives its powers from the 
State constitution, or a governmental entity created 
by the State legislature, the agreement may reflect 
that it does not obligate future appropriations for 
such performance and payment when obligating fu-
ture appropriations would be inconsistent with con-
stitutional or statutory limitations of the State or a 
political subdivision of the State. 
‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—A partnership agree-
ment described in paragraph (1) may provide 
with respect to a project that the Secretary 
shall credit toward the non-Federal share of the 
cost of the project, including a project imple-
mented without specific authorization in law, 
the value of in-kind contributions made by the 
non-Federal interest, including— 
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‘‘(i) the costs of planning (including 
data collection), design, management, miti-
gation, construction, and construction serv-
ices that are provided by the non-Federal 
interest for implementation of the project; 
‘‘(ii) the value of materials or services 
provided before execution of the partner-
ship agreement, including efforts on con-
structed elements incorporated into the 
project; and 
‘‘(iii) the value of materials and serv-
ices provided after execution of the part-
nership agreement. 
‘‘(B) CONDITION.—The Secretary shall 
credit an in-kind contribution under subpara-
graph (A) if the Secretary determines that the 
property or service provided as an in-kind con-
tribution is integral to the project. 
‘‘(C) WORK
PERFORMED
BEFORE
PART-
NERSHIP AGREEMENT.—In any case in which 
the non-Federal interest is to receive credit 
under subparagraph (A)(ii) for the cost of work 
carried out by the non-Federal interest and 
such work has not been carried out as of the 
date of enactment of this subparagraph, the 
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Secretary and the non-Federal interest shall 
enter into an agreement under which the non- 
Federal interest shall carry out such work, and 
only work carried out following the execution of 
the agreement shall be eligible for credit. 
‘‘(D) 
LIMITATIONS.—Credit 
authorized 
under this paragraph for a project— 
‘‘(i) shall not exceed the non-Federal 
share of the cost of the project; 
‘‘(ii) shall not alter any other require-
ment that a non-Federal interest provide 
lands, easements or rights-of-way, or areas 
for disposal of dredged material for the 
project; 
‘‘(iii) shall not alter any requirement 
that a non-Federal interest pay a portion 
of the costs of construction of the project 
under sections 101 and 103 of the Water 
Resources Development Act of 1986 (33 
U.S.C. 2211; 33 U.S.C. 2213); and 
‘‘(iv) shall not exceed the actual and 
reasonable costs of the materials, services, 
or other things provided by the non-Fed-
eral interest, as determined by the Sec-
retary. 
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‘‘(E) APPLICABILITY.— 
‘‘(i) IN
GENERAL.—This paragraph 
shall apply to water resources projects au-
thorized after November 16, 1986, includ-
ing projects initiated after November 16, 
1986, without specific authorization in law. 
‘‘(ii) LIMITATION.—In any case in 
which a specific provision of law provides 
for a non-Federal interest to receive credit 
toward the non-Federal share of the cost 
of a study for, or construction or operation 
and maintenance of, a water resources 
project, the specific provision of law shall 
apply instead of this paragraph.’’. 
(b) NON-FEDERAL INTEREST.—Section 221(b) of 
such Act is amended to read as follows: 
‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.— 
The term ‘non-Federal interest’ means a legally con-
stituted public body (including a federally recognized In-
dian tribe), and a nonprofit entity with the consent of the 
affected local government, that has full authority and ca-
pability to perform the terms of its agreement and to pay 
damages, if necessary, in the event of failure to perform.’’. 
(c) PROGRAM ADMINISTRATION.—Section 221 of 
such Act is further amended— 
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(1) by redesignating subsection (e) as sub-
section (h); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DELEGATION OF AUTHORITY.—Not later than 
September 30, 2008, the Secretary shall issue policies and 
guidelines for partnership agreements that delegate to the 
district engineers, at a minimum— 
‘‘(1) the authority to approve any policy in a 
partnership agreement that has appeared in an 
agreement previously approved by the Secretary; 
‘‘(2) the authority to approve any policy in a 
partnership agreement the specific terms of which 
are dictated by law or by a final feasibility study, 
final environmental impact statement, or other final 
decision document for a water resources project; 
‘‘(3) the authority to approve any partnership 
agreement that complies with the policies and guide-
lines issued by the Secretary; and 
‘‘(4) the authority to sign any partnership 
agreement for any water resources project unless, 
within 30 days of the date of authorization of the 
project, the Secretary notifies the district engineer in 
which the project will be carried out that the Sec-
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retary wishes 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 Inter-
net, all partnership agreements entered into under 
this section within the preceding 10 years and all 
partnership 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 
public, including on the Internet, not later than 7 
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days after the date on which such agreement is en-
tered 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 
appears 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 
agreement entered into on or before such date and under 
which construction on the project has not been initiated 
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as of such date of enactment for the purpose of incor-
porating such amendments. 
(f) PARTNERSHIP
AND
COOPERATIVE
ARRANGE-
MENTS; REFERENCES.— 
(1) IN GENERAL.—A goal of agreements en-
tered into under section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b) shall be to fur-
ther partnership and cooperative arrangements, and 
the agreements shall be referred to as ‘‘partnership 
agreements’’. 
(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 ‘‘part-
nership agreement’’ or a ‘‘project partnership agree-
ment’’, respectively. 
(3) REFERENCES
TO
PARTNERSHIP
AGREE-
MENTS.—Any reference to a ‘‘partnership agree-
ment’’ 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 assistance for remediation, environmental restora-
tion, or reuse of areas located within the boundaries of 
such State or local governments where such remediation, 
environmental restoration, or reuse will contribute to the 
improvement of water quality or the conservation of water 
and related 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 NO-
VEMBER 8, 1966.—Not later than one year after the date 
of enactment of this Act, the Secretary and the Chief of 
Engineers 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 ero-
sion, hurricane and storm damage reduction, ecosystem 
and environmental restoration, and other water resources 
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development 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 NOVEM-
BER 8, 1966.—The Secretary shall have the volumes con-
taining the laws referred to in subsection (a) enacted be-
fore November 8, 1966, reprinted. 
(c) INDEX.—The Secretary shall include an index in 
each volume compiled, and each volume reprinted, pursu-
ant to this section. 
(d) CONGRESSIONAL COPIES.—Not later than De-
cember 1, 2008, the Secretary shall transmit at least 25 
copies of each volume compiled, and of each volume re-
printed, pursuant to this section to each of the Committee 
on Transportation 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, pursu-
ant to this section are available through electronic means, 
including 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 sub-
section (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 re-
spect to a water resources project, or group of water 
resources projects within a geographic region, if ap-
propriate, for the acquisition, design, construction, 
management, or operation of a dredged material 
processing, treatment, contaminant reduction, or 
disposal facility (including any facility used to dem-
onstrate potential beneficial uses of dredged mate-
rial, which may include effective sediment contami-
nant reduction technologies) using funds provided in 
whole or in part by the Federal Government. 
‘‘(2) PERFORMANCE.—One or more of the par-
ties to a partnership agreement under this sub-
section may perform the acquisition, design, con-
struction, management, or operation of a dredged 
material processing, treatment, contaminant reduc-
tion, or disposal facility. 
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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 agree-
ment 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 
facility. 
‘‘(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 
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resources projects that do not have part-
nership agreements. 
‘‘(ii) 
PAYMENTS.—A 
partnership 
agreement under this subsection may allow 
the non-Federal interest to receive reim-
bursable payments from the Federal Gov-
ernment for commitments made by the 
non-Federal interest for disposal or place-
ment capacity at dredged material proc-
essing, treatment, contaminant reduction, 
or disposal facilities. 
‘‘(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
AGREE-
MENTS.—Nothing in this subsection supersedes 
or modifies an agreement in effect on the date 
of enactment of this paragraph between the 
Federal Government and any non-Federal inter-
est for the cost-sharing, construction, and oper-
VerDate Aug 31 2005 
02:05 Mar 14, 2007
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