107 
project study that is subject to peer review by the 
panel. 
(g) COSTS.— 
(1) IN GENERAL.—The costs of a panel of experts 
established for a peer review under this section— 
(A) shall be a Federal expense; and 
(B) shall not exceed $500,000. 
(2) WAIVER.—The Chief of Engineers may waive 
the $500,000 limitation contained in paragraph 
(1)(B) in cases that the Chief of Engineers determines 
appropriate. 
(h) APPLICABILITY.—This section shall apply to— 
(1) project studies initiated during the 2-year 
period preceding the date of enactment of this Act and 
for which the array of alternatives to be considered 
has not been identified; and 
(2) project studies initiated during the period be-
ginning on such date of enactment and ending 4 
years after such date of enactment. 
(i) REPORT.—Within 41⁄2 years of the date of enact-
ment of this section, the Chief of Engineers shall submit 
a report to Congress on the implementation of this section. 
(j) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to any 
peer review panel established under this section. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
108 
(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to affect any authority of the Chief of Engi-
neers to cause or conduct a peer review of a water resources 
project existing on the date of enactment of this section. 
(l) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) PROJECT STUDY.—The term ‘‘project study’’ 
means a feasibility study or reevaluation study for a 
project. The term also includes any other study asso-
ciated with a modification or update of a project that 
includes an environmental impact statement, includ-
ing the environmental impact statement. 
(2) AFFECTED
STATE.—The term ‘‘affected 
State’’, as used with respect to a project, means a 
State all or a portion of which is within the drainage 
basin in which the project is or would be located and 
would be economically or environmentally affected as 
a consequence of the project. 
(3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
ble organization’’ means an organization that— 
(A) is described in section 501(c)(3), and 
exempt from Federal tax under section 501(a), of 
the Internal Revenue Code of 1986; 
(B) is independent; 
(C) is free from conflicts of interest; 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
109 
(D) does not carry out or advocate for or 
against Federal water resources projects; and 
(E) has experience in establishing and ad-
ministering peer review panels. 
SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES 
PROJECTS. 
(a) STUDIES.— 
(1) 
COST-SHARING
REQUIREMENTS.—Section 
105(a) of the Water Resources Development Act of 
1986 (33 U.S.C. 2215(a)) is amended by adding at 
the end the following: 
‘‘(3) DETAILED
PROJECT
REPORTS.—The re-
quirements of this subsection that apply to a feasi-
bility study also shall apply to a study that results 
in a detailed project report, except that— 
‘‘(A) the first $100,000 of the costs of a 
study that results in a detailed project report 
shall be a Federal expense; and 
‘‘(B) paragraph (1)(C)(ii) shall not apply 
to such a study.’’. 
(2) 
PLANNING
AND
ENGINEERING.—Section 
105(b) of such Act (33 U.S.C. 2215(b)) is amended by 
striking ‘‘authorized by this Act’’. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
110 
(3) DEFINITIONS.—Section 105 of such Act (33 
U.S.C. 2215) is amended by adding at the end the fol-
lowing: 
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) DETAILED
PROJECT
REPORT.—The term 
‘detailed project report’ means a report for a project 
not specifically authorized by Congress in law or oth-
erwise that determines the feasibility of the project 
with a level of detail appropriate to the scope and 
complexity of the recommended solution and sufficient 
to proceed directly to the preparation of contract 
plans and specifications. The term includes any asso-
ciated environmental impact statement and mitiga-
tion plan. For a project for which the Federal cost 
does not exceed $1,000,000, the term includes a plan-
ning and design analysis document. 
‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility 
study’ means a study that results in a feasibility re-
port under section 905, and any associated environ-
mental impact statement and mitigation plan, pre-
pared by the Corps of Engineers for a water resources 
project. The term includes a study that results in a 
project implementation report prepared under title VI 
of the Water Resources Development Act of 2000 (114 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
111 
Stat. 2680–2694), a general reevaluation report, and 
a limited reevaluation report.’’. 
(b) REPORTS.— 
(1) PREPARATION.—Section 905(a) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2282(a)) is amended— 
(A) by striking ‘‘(a) In the case of any’’ and 
inserting the following: 
‘‘(a) PREPARATION OF REPORTS.— 
‘‘(1) IN GENERAL.—In the case of any’’; 
(B) by striking ‘‘the Secretary, the Sec-
retary shall’’ and inserting ‘‘the Secretary that 
results in recommendations concerning a project 
or the operation of a project and that requires 
specific authorization by Congress in law or oth-
erwise, the Secretary shall perform a reconnais-
sance study and’’; 
(C) by striking ‘‘Such feasibility report’’ 
and inserting the following: 
‘‘(2) CONTENTS
OF
FEASIBILITY
REPORTS.—A 
feasibility report’’; 
(D) by striking ‘‘The feasibility report’’ and 
inserting ‘‘A feasibility report’’; and 
(E) by striking the last sentence and insert-
ing the following: 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
112 
‘‘(3) APPLICABILITY.—This subsection shall not 
apply to— 
‘‘(A) any study with respect to which a re-
port has been submitted to Congress before the 
date of enactment of this Act; 
‘‘(B) any study for a project, which project 
is authorized for construction by this Act and is 
not subject to section 903(b); 
‘‘(C) any study for a project which does not 
require specific authorization by Congress in law 
or otherwise; and 
‘‘(D) general studies not intended to lead to 
recommendation of a specific water resources 
project. 
‘‘(4) FEASIBILITY
REPORT
DEFINED.—In this 
subsection, the term ‘feasibility report’ means each 
feasibility report, and any associated environmental 
impact statement and mitigation plan, prepared by 
the Corps of Engineers for a water resources project. 
The term includes a project implementation report 
prepared under title VI of the Water Resources Devel-
opment Act of 2000 (114 Stat. 2680–2694), a general 
reevaluation report, and a limited reevaluation re-
port.’’. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
113 
(2) PROJECTS NOT SPECIFICALLY AUTHORIZED 
BY CONGRESS.—Section 905 of such Act is further 
amended— 
(A) in subsection (b) by inserting ‘‘RECON-
NAISSANCE STUDIES.—’’ before ‘‘Before initi-
ating’’; 
(B) by redesignating subsections (c), (d), 
and (e) as subsections (d), (e), and (f), respec-
tively; 
(C) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY 
CONGRESS.—In the case of any water resources project-re-
lated study authorized to be undertaken by the Secretary 
without specific authorization by Congress in law or other-
wise, the Secretary shall prepare a detailed project report.’’; 
(D) in subsection (d) (as so redesignated) by 
inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For pur-
poses of’’; and 
(E) in subsection (e) (as so redesignated) by 
inserting ‘‘STANDARD
AND UNIFORM PROCE-
DURES
AND PRACTICES.—’’ before ‘‘The Sec-
retary shall’’. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
114 
SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT. 
(a) IN GENERAL.—In conducting a feasibility study 
for the project for navigation, Atchafalaya River, Bayous 
Chene, Boeuf, and Black, Louisiana, being conducted under 
section 430 of the Water Resources Development Act of 2000 
(114 Stat. 2639), the Secretary shall include in the calcula-
tion of national economic development benefits all economic 
benefits associated with contracts for new energy explo-
ration and contracts for the fabrication of energy infra-
structure that would result from carrying out the project. 
(b) REPEAL.—Section 6009 of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on 
Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 
Stat. 282) is repealed. 
SEC. 2040. USE OF FIRMS EMPLOYING LOCAL RESIDENTS. 
(a) CONTRACTS OR AGREEMENTS WITH PRIVATE EN-
TITIES.—In carrying out construction of a water resources 
project, the Secretary may enter into a contract or agree-
ment with a private entity only if the private entity pro-
vides assurances satisfactory to the Secretary that, to the 
maximum extent practicable— 
(1) local residents in the area of the project will 
comprise not less than 50 percent of the workforce em-
ployed by the entity to perform the contract or agree-
ment; and 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
115 
(2) local residents in the area of the project will 
comprise not less than 50 percent of the workforce em-
ployed by each subcontractor at each tier in connec-
tion with the contract or agreement. 
(b) EXEMPTIONS.— 
(1) IN GENERAL.—The Secretary may waive the 
application of subsection (a) with respect to a con-
tract or agreement if the Secretary determines that 
compliance with subsection (a) is not feasible due 
to— 
(A) a lack of qualified local residents to per-
mit satisfaction of the requirements of subsection 
(a); 
(B) a lack of sufficient numbers of special-
ized workers necessary to carry out the project; 
or 
(C) the need to comply with small business 
or minority contracting requirements under Fed-
eral law. 
(2) DOCUMENTATION.—Any determination by 
the Secretary under paragraph (1) to waive the ap-
plication of subsection (a) with respect to a contract 
or agreement shall be justified in writing. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
116 
(c) REGULATIONS.—The Secretary shall issue regula-
tions establishing local residency and other requirements to 
facilitate compliance with this section. 
(d) PRIOR CONTRACTS.—Nothing in this section shall 
be construed to affect any contract or agreement entered 
into before the effective date of this section. 
(e) EFFECTIVE DATE.—This section shall become effec-
tive 180 days after the date of enactment of this Act. 
TITLE III—PROJECT-RELATED 
PROVISIONS 
SEC. 3001. COOK INLET, ALASKA. 
Section 118(a)(3) of the Energy and Water Develop-
ment Appropriations Act, 2005 (title I of division C of the 
Consolidated Appropriations Act, 2005; 118 Stat. 2945) is 
amended by inserting ‘‘as part of the operation and mainte-
nance of such project modification’’ after ‘‘by the Sec-
retary’’. 
SEC. 3002. KING COVE HARBOR, ALASKA. 
The maximum amount of Federal funds that may be 
expended for the project for navigation, King Cove Harbor, 
Alaska, being carried out under section 107 of the River 
and Harbor Act of 1960 (33 U.S.C. 577), shall be 
$8,000,000. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
117 
SEC. 3003. SITKA, ALASKA. 
The Sitka, Alaska, element of the project for naviga-
tion, Southeast Alaska Harbors of Refuge, Alaska, author-
ized by section 101(1) of the Water Resources Development 
Act of 1992 (106 Stat. 4801), is modified to direct the Sec-
retary to take such action as is necessary to correct design 
deficiencies in the Sitka Harbor Breakwater, at full Federal 
expense. The estimated cost is $6,300,000. 
SEC. 3004. TATITLEK, ALASKA. 
The maximum amount of Federal funds that may be 
expended for the project for navigation, Tatitlek, Alaska, 
being carried out under section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 
SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA. 
The project for flood damage reduction, Rio De Flag, 
Flagstaff, Arizona, authorized by section 101(b)(3) of the 
Water Resources Development Act of 2000 (114 Stat. 2576), 
is modified to authorize the Secretary to construct the 
project at a total cost of $54,100,000, with an estimated 
Federal cost of $35,000,000 and a non-Federal cost of 
$19,100,000. 
SEC. 3006. OSCEOLA HARBOR, ARKANSAS. 
(a) IN GENERAL.—The project for navigation, Osceola 
Harbor, Arkansas, constructed under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577), is modified 
to allow non-Federal interests to construct a mooring facil-
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
118 
ity within the existing authorized harbor channel, subject 
to all necessary permits, certifications, and other require-
ments. 
(b) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed as affecting the 
responsibility of the Secretary to maintain the general 
navigation features of the project at a bottom width of 250 
feet. 
SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. 
The Pine Mountain Dam feature of the project for flood 
protection, Lee Creek, Arkansas and Oklahoma, authorized 
by section 204 of the Flood Control Act of 1965 (79 Stat. 
1078), is modified— 
(1) to add environmental restoration as a project 
purpose; and 
(2) to direct the Secretary to finance the non- 
Federal share of the cost of the project over a 30-year 
period in accordance with section 103(k) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2213(k)). 
SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI-
FORNIA. . 
(a) IN GENERAL.—The project for flood control, Amer-
ican and Sacramento Rivers, California, authorized by sec-
tion 101(a)(6)(A) of the Water Resources Development Act 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
119 
of 1999 (113 Stat. 274), as modified by section 128 of the 
Energy and Water Development Appropriations Act, 2006 
(119 Stat. 2259), is further modified to authorize the Sec-
retary to construct the auxiliary spillway generally in ac-
cordance with the Post Authorization Change Report, 
American River Watershed Project (Folsom Dam Modifica-
tion and Folsom Dam Raise Projects), dated December 
2006, at a total cost of $683,000,000, with an estimated 
Federal cost of $444,000,000 and an estimated non-Federal 
cost of $239,000,000. 
(b) DAM SAFETY ACTIVITIES.—Nothing in this section 
shall be construed to limit the authority of the Secretary 
of the Interior to carry out dam safety activities in connec-
tion with the auxiliary spillway in accordance with the Bu-
reau of Reclamation Safety of Dams Program. 
(c) TRANSFER OF FUNDS.—The Secretary and the Sec-
retary of the Interior are authorized to transfer between 
their respective agencies appropriated amounts and other 
available funds (including funds contributed by non-Fed-
eral interests) for the purpose of planning, design, and con-
struction of the auxiliary spillway. Any transfer made pur-
suant to this subsection shall be subject to such terms and 
conditions as agreed upon by the Secretary and the Sec-
retary of the Interior. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
120 
SEC. 3009. COMPTON CREEK, CALIFORNIA. 
The project for flood control, Los Angeles Drainage 
Area, California, authorized by section 101(b) of the Water 
Resources Development Act of 1990 (104 Stat. 4611), is 
modified to add environmental restoration and recreation 
as project purposes. 
SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Grayson 
Creek/Murderer’s Creek, California, being carried out under 
section 206 of the Water Resources Development Act of 1996 
(33 U.S.C. 2330), is modified— 
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost of 
work carried out by the non-Federal interest before 
the date of the partnership agreement for the project 
if the Secretary determines that the work is integral 
to the project; and 
(2) to authorize the Secretary to consider na-
tional ecosystem restoration benefits in determining 
the Federal interest in the project. 
SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA. 
The project for environmental restoration, Hamilton 
Airfield, California, authorized by section 101(b)(3) of the 
Water Resources Development Act of 1999 (113 Stat. 279), 
is modified to direct the Secretary to construct the project 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
121 
substantially in accordance with the report of the Chief of 
Engineers dated July 19, 2004, at a total cost of 
$228,100,000, 
with 
an 
estimated 
Federal 
cost 
of 
$171,100,000 and an estimated non-Federal cost of 
$57,000,000. 
SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCK-
TON SHIP CHANNEL, CALIFORNIA. 
The project for navigation, San Francisco to Stockton, 
California, authorized by section 301 of the River and Har-
bor Act of 1965 (79 Stat. 1091) is modified— 
(1) to provide that the non-Federal share of the 
cost of the John F. Baldwin Ship Channel and Stock-
ton Ship Channel element of the project may be pro-
vided in the form of in-kind services and materials; 
and 
(2) to direct the Secretary to credit toward the 
non-Federal share of the cost of such element the cost 
of planning and design work carried out by the non- 
Federal interest before the date of an agreement for 
such planning and design if the Secretary determines 
that such work is integral to such element. 
SEC. 3013. KAWEAH RIVER, CALIFORNIA. 
The project for flood control, Terminus Dam, Kaweah 
River, California, authorized by section 101(b)(5) of the 
Water Resources Development Act of 1996 (110 Stat. 3658), 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
122 
is modified to direct the Secretary to credit toward the non- 
Federal share of the cost of the project, or provide reim-
bursement not to exceed $800,000, for the costs of any work 
carried out by the non-Federal interest before, on, or after 
the date of the project partnership agreement if the Sec-
retary determines that the work is integral to the project. 
SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI-
FORNIA. 
The project for navigation, Larkspur Ferry Channel, 
Larkspur, California, authorized by section 601(d) of the 
Water Resources Development Act of 1986 (100 Stat. 4148), 
is modified to direct the Secretary to determine whether 
maintenance of the project is feasible, and if the Secretary 
determines that maintenance of the project is feasible, to 
carry out such maintenance. 
SEC. 3015. LLAGAS CREEK, CALIFORNIA. 
(a) IN GENERAL.—The project for flood damage reduc-
tion, Llagas Creek, California, authorized by section 501(a) 
of the Water Resources Development Act of 1999 (113 Stat. 
333), is modified to authorize the Secretary to carry out 
the project at a total cost of $105,000,000, with an esti-
mated Federal cost of $65,000,000, and an estimated non- 
Federal cost of $40,000,000. 
(b) SPECIAL RULE.—In evaluating and implementing 
the project, the Secretary shall allow the non-Federal inter-
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
123 
est to participate in the financing of the project in accord-
ance with section 903(c) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4184) to the extent that the 
Secretary’s evaluation indicates that applying such section 
is necessary to implement the project. 
SEC. 3016. MAGPIE CREEK, CALIFORNIA. 
(a) IN GENERAL.—The project for Magpie Creek, Cali-
fornia, authorized under section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s), is modified to direct the Sec-
retary to apply the cost-sharing requirements of section 
103(b) of the Water Resources Development Act of 1986 
(100 Stat. 4085) for the portion of the project consisting 
of land acquisition to preserve and enhance existing flood-
water storage. 
(b) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of the project the cost of plan-
ning and design work carried out by the non-Federal inter-
est before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral 
to the project. 
SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Pacific 
Flyway Center, Sacramento, California, being carried out 
under section 206 of the Water Resources Development Act 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
124 
of 1996 (33 U.S.C. 2330), is modified to authorize the Sec-
retary to expend $2,000,000 to enhance public access to the 
project. 
SEC. 3018. PINOLE CREEK, CALIFORNIA. 
The project for improvement of the quality of the envi-
ronment, Pinole Creek Phase I, California, being carried 
out under section 1135 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2309a), is modified to direct the 
Secretary to credit toward the non-Federal share of the cost 
of the project the cost of work carried out by the non-Federal 
interest before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral 
to the project. 
SEC. 3019. PRADO DAM, CALIFORNIA. 
Upon completion of the modifications to the Prado 
Dam element of the project for flood control, Santa Ana 
River Mainstem, California, authorized by section 401(a) 
of the Water Resources Development Act of 1986 (100 Stat. 
4113), the Memorandum of Agreement for the Operation for 
Prado Dam for Seasonal Additional Water Conservation 
between the Department of the Army and the Orange Coun-
ty Water District (including all the conditions and stipula-
tions in the memorandum) shall remain in effect for vol-
umes of water made available prior to such modifications. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
125 
SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD 
CONTROL, CALIFORNIA. 
(a) DETERMINATION OF FEDERAL COSTS PAID BY 
NON-FEDERAL INTEREST.— 
(1) FEDERAL COSTS PAID BY NON-FEDERAL IN-
TEREST.—The Secretary shall determine the amount 
paid by the Sacramento Area Flood Control Agency 
towards the Federal share of the cost of the project for 
the Natomas levee features authorized by section 
9159(b) of the Department of Defense Appropriations 
Act, 1993 (106 Stat. 1944) of the project for flood con-
trol and recreation, Sacramento and American Riv-
ers, California. 
(2) REIMBURSEMENTS TO NON-FEDERAL INTER-
EST.—The Secretary shall determine the amount of 
reimbursements paid to the Sacramento Flood Control 
Agency for payment of the Federal share of the cost 
of the project referred to in paragraph (1). 
(3) DETERMINATION
OF
FEDERAL
SHARE.—In 
carrying out paragraph (1), the Secretary shall in-
clude in the total cost of the project all costs of the 
following activities that the Secretary determines to 
be integral to the project: 
(A) Planning, engineering, and construc-
tion. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
126 
(B) Acquisition of project lands, easements, 
and rights-of-way. 
(C) Performance of relocations. 
(D) Environmental mitigation for all 
project elements. 
(b) CREDIT.— 
(1) IN GENERAL.—The Secretary shall credit to-
ward the non-Federal share of the cost of any flood 
damage reduction project, authorized before the date 
of enactment of this Act, for which the non-Federal 
interest is the Sacramento Area Flood Control Agency 
an amount equal to the total amount determined 
under subsection (a)(1) reduced by the amount deter-
mined under subsection (a)(2). 
(2) ALLOCATION
OF
CREDIT.—The Secretary 
shall allocate the amount to be credited under para-
graph (1) toward the non-Federal share of such 
projects as are requested by the Sacramento Area 
Flood Control Agency. 
SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, 
CALIFORNIA. 
The project for navigation, Sacramento Deep Water 
Ship Channel, California, authorized by section 202(a) of 
the Water Resources Development Act of 1986 (100 Stat. 
4092), is modified to direct the Secretary to credit toward 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
127 
the non-Federal share of the cost of the project the cost of 
planning and design work carried out by the non-Federal 
interest before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral 
to the project. 
SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA. 
The project for navigation, Santa Cruz Harbor, Cali-
fornia, authorized by section 101 of the River and Harbor 
Act of 1958 (72 Stat. 300) and modified by section 809 
of the Water Resources Development Act of 1986 (100 Stat. 
4168) and section 526 of the Water Resources Development 
Act of 1999 (113 Stat. 346), is modified to direct the Sec-
retary— 
(1) to renegotiate the memorandum of agreement 
with the non-Federal interest to increase the annual 
payment to reflect the updated cost of operation and 
maintenance that is the Federal and non-Federal 
share as provided by law based on the project pur-
pose; and 
(2) to revise the memorandum of agreement to 
include terms that revise such payments for inflation. 
SEC. 3023. SEVEN OAKS DAM, CALIFORNIA. 
The project for flood control, Santa Ana Mainstem, au-
thorized by section 401(a) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4113) and modified by section 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
128 
104 of the Energy and Water Development Appropriations 
Act, 1988 (101 Stat. 1329–11), section 102(e) of the Water 
Resources Development Act of 1990 (104 Stat. 4611), and 
section 311 of the Water Resources Development Act of 1996 
(110 Stat. 3713), is further modified to direct the Secretary 
to conduct a study for the reallocation of water storage at 
the Seven Oaks Dam, California, for water conservation. 
SEC. 3024. UPPER GUADALUPE RIVER, CALIFORNIA. 
The project for flood damage reduction and recreation, 
Upper Guadalupe River, California, authorized by section 
101(a)(9) of the Water Resources Development Act of 1999 
(113 Stat. 275), is modified to authorize the Secretary to 
construct the project generally in accordance with the 
Upper Guadalupe River Flood Damage Reduction, San 
Jose, California, Limited Reevaluation Report, dated 
March, 2004, at a total cost of $244,500,000. 
SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA. 
The project for aquatic ecosystem restoration, Walnut 
Creek Channel, California, being carried out under section 
206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330), is modified— 
(1) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost of 
work carried out by the non-Federal interest before 
the date of the partnership agreement for the project 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
129 
if the Secretary determines that the work is integral 
to the project; and 
(2) to authorize the Secretary to consider na-
tional ecosystem restoration benefits in determining 
the Federal interest in the project. 
SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALI-
FORNIA. 
The project for improvement of the quality of the envi-
ronment, Wildcat/San Pablo Creek Phase I, California, 
being carried out under section 1135 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2309a), is modified 
to direct the Secretary to credit toward the non-Federal 
share of the cost of the project the cost of work carried out 
by the non-Federal interest before the date of the partner-
ship agreement for the project if the Secretary determines 
that the work is integral to the project. 
SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALI-
FORNIA. 
The project for aquatic ecosystem restoration, Wildcat/ 
San Pablo Creek Phase II, California, being carried out 
under section 206 of the Water Resources Development Act 
of 1996 (33 U.S.C. 2330), is modified to direct the Secretary 
to credit toward the non-Federal share of the cost of the 
project the cost of work carried out by the non-Federal in-
terest before the date of the partnership agreement for the 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
130 
project if the Secretary determines that the work is integral 
to the project and to authorize the Secretary to consider 
national ecosystem restoration benefits in determining the 
Federal interest in the project. 
SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA. 
The project for flood damage reduction, Yuba River 
Basin, California, authorized by section 101(a)(10) of the 
Water Resources Development Act of 1999 (113 Stat. 275), 
is modified— 
(1) to authorize the Secretary to construct the 
project at a total cost of $107,700,000, with an esti-
mated Federal cost of $70,000,000 and an estimated 
non-Federal cost of $37,700,000; and 
(2) to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost of 
work carried out by the non-Federal interest before 
the date of the partnership agreement for the project 
if the Secretary determines that the work is integral 
to the project. 
SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO. 
Section 808 of the Water Resources Development Act 
of 1986 (100 Stat. 4168) is amended by striking ‘‘agri-
culture,’’ and inserting ‘‘agriculture, environmental res-
toration,’’. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
131 
SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER 
TO CHESAPEAKE BAY, DELAWARE AND MARY-
LAND. 
The project for navigation, Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Mary-
land, authorized by the first section of the Rivers and Har-
bors Act of August 30, 1935 (49 Stat. 1030), and section 
101 of the River and Harbor Act of 1954 (68 Stat. 1249), 
is modified to add recreation as a project purpose. 
SEC. 3031. BREVARD COUNTY, FLORIDA. 
(a) SHORELINE.—The project for shoreline protection, 
Brevard County, Florida, authorized by section 101(b)(7) 
of the Water Resources Development Act of 1996 (110 Stat. 
3667), is modified— 
(1) to direct the Secretary to establish the reach 
of the project as the reach between the Florida depart-
ment of environmental protection monuments 75.4 to 
118.3, a distance of 7.6 miles; and 
(2) to direct the Secretary to expedite the general 
reevaluation report required by section 418 of the 
Water Resources Development Act of 2000 (114 Stat. 
2637). 
(b) CREDIT.—Section 310 of the Water Resources De-
velopment Act of 1999 (113 Stat. 301) is amended by add-
ing at the end the following: 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
132 
‘‘(d) CREDIT.—After completion of the study, the Sec-
retary shall credit toward the non-Federal share of the cost 
of the project for shore protection the cost of nourishment 
and renourishment associated with the project for shore pro-
tection incurred by the non-Federal interest to respond to 
damages to Brevard County beaches that are the result of 
a Federal navigation project, as determined in the final re-
port for the study.’’. 
SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, 
FLORIDA. 
The project for shore protection, Broward County and 
Hillsboro Inlet, Florida, authorized by section 301 of the 
River and Harbor Act of 1965 (79 Stat. 1090), and modi-
fied by section 311 of the Water Resources Development Act 
of 1999 (113 Stat. 301), is further modified to direct the 
Secretary to credit toward the non-Federal share of the cost 
of the project the cost of mitigation construction and derelict 
erosion control structure removal carried out by the non- 
Federal interest before the date of the partnership agreement 
for the project if the Secretary determines that the work is 
integral to the project. 
SEC. 3033. CANAVERAL HARBOR, FLORIDA. 
In carrying out the project for navigation, Canaveral 
Harbor, Florida, authorized by section 101 of the River and 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
133 
Harbor Act of 1962 (76 Stat. 1174), the Secretary shall con-
struct a sediment trap. 
SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 
The project for shore protection, Gasparilla and Estero 
Island segments, Lee County, Florida, authorized by section 
201 of the Flood Control Act of 1965 (79 Stat. 1073), by 
Senate Resolution dated December 17, 1970, and by House 
Resolution dated December 15, 1970, and modified by sec-
tion 309 of the Water Resources Development Act of 2000 
(114 Stat. 2602), is further modified to direct the Secretary 
to credit toward the non-Federal share of the cost of the 
project the cost of work carried out by the non-Federal in-
terest before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral 
to the project. 
SEC. 3035. JACKSONVILLE HARBOR, FLORIDA. 
(a) IN GENERAL.—The project for navigation, Jack-
sonville Harbor, Florida, authorized by section 101(a)(17) 
of the Water Resources Development Act of 1999 (113 Stat. 
276), is modified to authorize the Secretary to extend the 
navigation features in accordance with the Report of the 
Chief of Engineers, dated July 22, 2003, at a total cost of 
$14,658,000, with an estimated Federal cost of $9,636,000 
and an estimated non-Federal cost of $5,022,000. 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
134 
(b) GENERAL REEVALUATION REPORTS.—The non- 
Federal share of the cost of the general reevaluation report 
that resulted in the report of the Chief of Engineers for the 
project and the non-Federal share of the cost of the general 
reevaluation report for Jacksonville Harbor, Florida, being 
conducted on June 1, 2005, shall each be the same percent-
age as the non-Federal share of the cost of construction of 
the project. 
(c) AGREEMENT.—The Secretary shall enter into new 
partnership agreements with the non-Federal interest to re-
flect the cost sharing required by subsection (b). 
SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA. 
(a) IN GENERAL.—The project for shore protection, 
Lido Key Beach, Sarasota, Florida, authorized by section 
101 of the River and Harbor Act of 1970 (84 Stat. 1819), 
deauthorized under section 1001(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a(b)), and reau-
thorized by section 364(2)(A) of the Water Resources Devel-
opment Act of 1999 (113 Stat. 313), is modified to direct 
the Secretary to construct the project substantially in ac-
cordance with the report of the Chief of Engineers dated 
December 22, 2004, at a total cost of $15,190,000, with an 
estimated Federal cost of $9,320,000 and an estimated non- 
Federal cost of $5,870,000, and at an estimated total cost 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
135 
of $65,000,000 for periodic nourishment over the 50-year 
life of the project. 
(b) CONSTRUCTION
OF
SHORELINE
PROTECTION 
PROJECTS BY NON-FEDERAL INTERESTS.—The Secretary 
shall enter into a partnership agreement with the non-Fed-
eral interest in accordance with section 206 of the Water 
Resources Development Act of 1992 (33 U.S.C. 426i–1) for 
the modified project. 
SEC. 3037. MIAMI HARBOR, FLORIDA. 
The project for navigation, Miami Harbor Channel, 
Florida, authorized by section 101(a)(9) of the Water Re-
sources Development Act of 1990 (104 Stat. 4606) and 
modified by section 315 of the Water Resources Development 
Act of 1999 (113 Stat. 302), is further modified— 
(1) to include as a project purpose environ-
mental mitigation required before July 18, 2003, by 
a Federal, State, or local environmental agency for 
unauthorized or unanticipated environmental im-
pacts within, or in the vicinity of, the authorized 
project; and 
(2) to direct the Secretary to reimburse the non- 
Federal interest for the Federal share of the costs the 
non-Federal interest has incurred in construction of 
the project (including environmental mitigation costs 
and costs incurred for incomplete usable increments of 
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS
136 
the project) in accordance with section 204 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2232). 
SEC. 3038. PEANUT ISLAND, FLORIDA. 
The maximum amount of Federal funds that may be 
expended for the project for improvement of the quality of 
the environment, Peanut Island, Palm Beach County, Flor-
ida, being carried out under section 1135 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2309a) shall 
be $9,750,000. 
SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 
The project for navigation, Tampa Harbor-Big Bend 
Channel, Florida, authorized by section 101(a)(18) of the 
Water Resources Development Act of 1999 (113 Stat. 276) 
is modified to direct the Secretary to credit toward the non- 
Federal share of the cost of the project the cost of planning, 
design, and construction work carried out by the non-Fed-
eral interest before the date of the partnership agreement 
for the project if the Secretary determines that the work is 
integral to the project. 
SEC. 3040. TAMPA HARBOR CUT B, FLORIDA. 
(a) IN GENERAL.—The project for navigation, Tampa 
Harbor, Florida, authorized by section 101 of the River and 
Harbor Act of 1970 (84 Stat. 1818), is modified to author-
ize the Secretary to construct passing lanes in an area ap-
VerDate Aug 31 2005 
23:01 Apr 05, 2007
Jkt 059200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6203
E:\BILLS\H1495.RH
H1495
pwalker on PROD1PC71 with BILLS