†
331
HR 1495 EAS
SEC. 4032. 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.
SEC. 4033. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased silta-
tion in Baker Bay and Ilwaco Harbor, Washington, to de-
termine whether the siltation is the result of a Federal navi-
gation project.
SEC. 4034. ELLIOT BAY SEAWALL REHABILITATION STUDY,
WASHINGTON.
The study for the rehabilitation of the Elliot Bay Sea-
wall, Seattle, Washington, is modified to direct the Sec-
retary to determine the feasibility of reducing future dam-
age to the seawall from seismic activity.
SEC. 4035. JOHNSONVILLE DAM, JOHNSONVILLE, WIS-
CONSIN.
The Secretary shall conduct a study of the Johnsonville
Dam, Johnsonville, Wisconsin, to determine whether the
structure prevents ice jams on the Sheboygan River.
†
332
HR 1495 EAS
SEC. 4036. DEBRIS REMOVAL.
(a) REEVALUATION.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary, in co-
ordination with the Administrator of the Environ-
mental Protection Agency and in consultation with
affected communities, shall conduct a complete re-
evaluation of Federal and non-Federal demolition, de-
bris removal, segregation, transportation, and dis-
posal practices relating to disaster areas designated
in response to Hurricanes Katrina and Rita (includ-
ing regulated and nonregulated materials and debris).
(2) INCLUSIONS.—The reevaluation under para-
graph (1) shall include a review of—
(A) compliance with all applicable environ-
mental laws;
(B) permits issued or required to be issued
with respect to debris handling, transportation,
storage, or disposal; and
(C) administrative actions relating to de-
bris removal and disposal in the disaster areas
described in paragraph (1).
(b) REPORT.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall submit to the
Committee on the Environment and Public Works of the
†
333
HR 1495 EAS
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report that—
(1) describes the findings of the Secretary with
respect to the reevaluation under subsection (a);
(2)(A) certifies compliance with all applicable
environmental laws; and
(B) identifies any area in which a violation of
such a law has occurred or is occurring;
(3) includes recommendations to ensure—
(A) the protection of the environment;
(B) sustainable practices; and
(C) the integrity of hurricane and flood pro-
tection infrastructure relating to debris disposal
practices;
(4) contains an enforcement plan that is de-
signed to prevent illegal dumping of hurricane debris
in a disaster area; and
(5) contains plans of the Secretary and the Ad-
ministrator to involve the public and non-Federal in-
terests, including through the formation of a Federal
advisory committee, as necessary, to seek public com-
ment relating to the removal, disposal, and planning
for the handling of post-hurricane debris.
†
334
HR 1495 EAS
SEC. 4037. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK.
(a) IN GENERAL.—The Secretary shall conduct a wa-
tershed study of the Mohawk River watershed, Oneida
County, New York, with a particular emphasis on improv-
ing water quality and the environment.
(b) RECOMMENDATIONS.—In conducting the study
under subsection (a), the Secretary shall take into consider-
ation impacts on the Sauquoit Creek Watershed and the
economy.
SEC. 4038. WALLA WALLA RIVER BASIN, OREGON AND WASH-
INGTON.
In conducting the study to determine the feasibility of
carrying out a project for ecosystem restoration, Walla
Walla River Basin, Oregon and Washington, the Secretary
shall—
(1) provide a credit toward the non-Federal
share of the cost of the project for the cost of any ac-
tivity carried out by the non-Federal interest before
the date of the partnership agreement for the project,
if the Secretary determines that the activity is inte-
gral to the project; and
(2) allow the non-Federal interest to provide the
non-Federal share of the cost of the study in the form
of in-kind services and materials.
†
335
HR 1495 EAS
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;
(2) in paragraph (19), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(20) Lake Sakakawea, North Dakota, removal
of silt and aquatic growth and measures to address
excessive sedimentation;
‘‘(21) Lake Morley, Vermont, removal of silt and
aquatic growth and measures to address excessive
sedimentation;
‘‘(22) Lake Fairlee, Vermont, removal of silt and
aquatic growth and measures to address excessive
sedimentation; and
‘‘(23) Lake Rodgers, Creedmoor, North Carolina,
removal of silt and excessive nutrients and restoration
of structural integrity.’’.
†
336
HR 1495 EAS
SEC. 5002. ESTUARY RESTORATION.
(a) PURPOSES.—Section 102 of the Estuary Restora-
tion Act of 2000 (33 U.S.C. 2901) is amended—
(1) in paragraph (1), by inserting before the
semicolon the following: ‘‘by implementing a coordi-
nated Federal approach to estuary habitat restoration
activities, including the use of common monitoring
standards and a common system for tracking restora-
tion acreage’’;
(2) in paragraph (2), by inserting ‘‘and imple-
ment’’ after ‘‘to develop’’; and
(3) in paragraph (3), by inserting ‘‘through co-
operative agreements’’ after ‘‘restoration projects’’.
(b) DEFINITION OF ESTUARY HABITAT RESTORATION
PLAN.—Section 103(6)(A) of the Estuary Restoration Act
of 2000 (33 U.S.C. 2902(6)(A)) is amended by striking
‘‘Federal or State’’ and inserting ‘‘Federal, State, or re-
gional’’.
(c) ESTUARY HABITAT RESTORATION PROGRAM.—
Section 104 of the Estuary Restoration Act of 2000 (33
U.S.C. 2903) is amended—
(1) in subsection (a), by inserting ‘‘through the
award of contracts and cooperative agreements’’ after
‘‘assistance’’;
(2) in subsection (c)—
†
337
HR 1495 EAS
(A) in paragraph (3)(A), by inserting ‘‘or
State’’ after ‘‘Federal’’; and
(B) in paragraph (4)(B), by inserting ‘‘or
approach’’ after ‘‘technology’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘Except’’ and inserting
the following:
‘‘(i) IN GENERAL.—Except’’; and
(ii) by adding at the end the following:
‘‘(ii) MONITORING.—
‘‘(I) COSTS.—The costs of moni-
toring an estuary habitat restoration
project funded under this title may be
included in the total cost of the estuary
habitat restoration project.
‘‘(II) GOALS.—The goals of the
monitoring shall be—
‘‘(aa) to measure the effec-
tiveness of the restoration project;
and
‘‘(bb) to allow adaptive man-
agement to ensure project suc-
cess.’’;
†
338
HR 1495 EAS
(B) in paragraph (2), by inserting ‘‘or ap-
proach’’ after ‘‘technology’’; and
(C) in paragraph (3), by inserting ‘‘(in-
cluding monitoring)’’ after ‘‘services’’;
(4) in subsection (f)(1)(B), by inserting ‘‘long-
term’’ before ‘‘maintenance’’; and
(5) in subsection (g)—
(A) by striking ‘‘In carrying’’ and inserting
the following:
‘‘(1) IN GENERAL.—In carrying’’; and
(B) by adding at the end the following:
‘‘(2) SMALL PROJECTS.—
‘‘(A) DEFINITION OF SMALL PROJECT.—In
this paragraph, the term ‘small project’ means a
project carried out under this title at a Federal
cost of less than $1,000,000.
‘‘(B) SMALL
PROJECT
DELEGATION.—In
carrying out this title, the Secretary, upon the
recommendation of the Council, may delegate
implementation of a small project to—
‘‘(i) the Secretary of the Interior (act-
ing through the Director of the United
States Fish and Wildlife Service);
†
339
HR 1495 EAS
‘‘(ii) the Under Secretary for Oceans
and Atmosphere of the Department of Com-
merce;
‘‘(iii) the Administrator of the Envi-
ronmental Protection Agency; or
‘‘(iv) the Secretary of Agriculture.
‘‘(C) FUNDING.—The implementation of a
small project delegated to the head of a Federal
department or agency under this paragraph may
be carried out using—
‘‘(i) funds appropriated to the depart-
ment or agency under section 109(a)(1); or
‘‘(ii) any other funds available to the
department or agency.
‘‘(D) AGREEMENTS.—The Federal depart-
ment or agency to which implementation of a
small project is delegated shall enter into an
agreement with the non-Federal interest gen-
erally in conformance with the criteria in sub-
sections (d) and (e). Cooperative agreements may
be used for any delegated project.’’.
(d) ESTABLISHMENT OF ESTUARY HABITAT RESTORA-
TION COUNCIL.—Section 105(b) of the Estuary Restoration
Act of 2000 (33 U.S.C. 2904(b)) is amended—
†
340
HR 1495 EAS
(1) in paragraph (4), by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (5), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) cooperating in the implementation of the
strategy developed under section 106;
‘‘(7) recommending standards for monitoring for
restoration projects and contribution of project infor-
mation to the database developed under section 107;
and
‘‘(8) otherwise using the respective agency au-
thorities of the Council members to carry out this
title.’’.
(e) MONITORING OF ESTUARY HABITAT RESTORATION
PROJECTS.—Section 107(d) of the Estuary Restoration Act
of 2000 (33 U.S.C. 2906(d)) is amended by striking ‘‘com-
pile’’ and inserting ‘‘have general data compilation, coordi-
nation, and analysis responsibilities to carry out this title
and in support of the strategy developed under this section,
including compilation of’’.
(f) REPORTING.—Section 108(a) of the Estuary Res-
toration Act of 2000 (33 U.S.C. 2907(a)) is amended by
striking ‘‘third and fifth’’ and inserting ‘‘sixth, eighth, and
tenth’’.
†
341
HR 1495 EAS
(g) FUNDING.—Section 109(a) of the Estuary Restora-
tion Act of 2000 (33 U.S.C. 2908(a)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘to the Secretary’’; and
(B) by striking subparagraphs (A) through
(D) and inserting the following:
‘‘(A) to the Secretary, $25,000,000 for each
of fiscal years 2007 through 2011;
‘‘(B) to the Secretary of the Interior (acting
through the Director of the United States Fish
and Wildlife Service), $2,500,000 for each of fis-
cal years 2007 through 2011;
‘‘(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce,
$2,500,000 for each of fiscal years 2007 through
2011;
‘‘(D) to the Administrator of the Environ-
mental Protection Agency, $2,500,000 for each of
fiscal years 2007 through 2011; and
‘‘(E) to the Secretary of Agriculture,
$2,500,000 for each of fiscal years 2007 through
2011.’’; and
(2) in the first sentence of paragraph (2)—
†
342
HR 1495 EAS
(A) by inserting ‘‘and other information
compiled under section 107’’ after ‘‘this title’’;
and
(B) by striking ‘‘2005’’ and inserting
‘‘2011’’.
(h) GENERAL PROVISIONS.—Section 110 of the Estu-
ary Restoration Act of 2000 (33 U.S.C. 2909) is amended—
(1) in subsection (b)(1)—
(A) by inserting ‘‘or contracts’’ after ‘‘agree-
ments’’; and
(B) by inserting ‘‘, nongovernmental orga-
nizations,’’ after ‘‘agencies’’; and
(2) by striking subsections (d) and (e).
SEC. 5003. ENVIRONMENTAL INFRASTRUCTURE.
Section 219 of the Water Resources Development Act
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334;
113 Stat. 1494; 114 Stat. 2763A–219) is amended—
(1) in subsection (c)(5), by striking ‘‘a project
for the elimination or control of combined sewer over-
flows’’ and inserting ‘‘projects for the design, installa-
tion, enhancement or repair of sewer systems’’;
(2) 
in 
subsection 
(e)(1), 
by 
striking
‘‘$20,000,000’’ and inserting ‘‘$32,500,000’’; and
(3) in subsection (f)—