340 
(2) Small Diversion at Hope Canal at a total 
cost of $68,600,000. 
(3) Barataria Basin Barrier Shoreline Restora-
tion at a total cost of $242,600,000. 
(4) Small Bayou Lafourche Reintroduction at a 
total cost of $133,500,000. 
(5) Medium Diversion at Myrtle Grove with 
Dedicated Dredging at a total cost of $278,300,000. 
(d) BENEFICIAL USE OF DREDGED MATERIAL.—The 
Secretary, substantially in accordance with the Plan, shall 
implement in the coastal Louisiana ecosystem a program 
for the beneficial use of material dredged from federally 
maintained waterways at a total cost of $100,000,000. 
SEC. 7006. NON-FEDERAL COST SHARE. 
(a) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of a project authorized by 
section 7005(c) the cost of work carried out in the coastal 
Louisiana ecosystem 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. 
(b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 
Any credit provided under this section toward the non- 
Federal share of the cost of a project authorized by section 
7005(c) may be applied toward the non-Federal share of
341 
the cost of any other project authorized by section 
7005(c). 
(c) PERIODIC MONITORING.— 
(1) IN GENERAL.—To ensure that the contribu-
tions of the non-Federal interest equal the non-Fed-
eral share of the cost of a project authorized by sec-
tion 7005(c), during each 5-year period beginning 
after the date of commencement of construction of 
the first project under section 7005(c), the Secretary 
shall— 
(A) monitor the non-Federal provision for 
each project authorized by section 7005(c) of 
cash, in-kind services and materials, and land, 
easements, rights-of-way, relocations, and dis-
posal areas; and 
(B) manage, to the extent practicable, the 
requirement of the non-Federal interest to pro-
vide for each such project cash, in-kind services 
and materials, and land, easements, rights-of- 
way, relocations, and disposal areas. 
(2) OTHER MONITORING.—The Secretary shall 
conduct monitoring separately for the construction 
phase, the preconstruction engineering and design 
phase, and the planning phase for each project au-
thorized on or after date of enactment of this Act
342 
for all or any portion of the coastal Louisiana eco-
system (including each project authorized by section 
7005(c)). 
(d) AUDITS.—Credit for land, easements, rights-of- 
way, relocations, and disposal areas (including land value 
and incidental costs) provided under this section, and the 
cost of work provided under this section, shall be subject 
to audit by the Secretary. 
SEC. 7007. PROJECT JUSTIFICATION. 
(a) IN GENERAL.—Notwithstanding section 209 of 
the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 
other provision of law, in carrying out any project or activ-
ity authorized by or under this title or any other provision 
of law to protect, conserve, and restore the coastal Lou-
isiana ecosystem, the Secretary may determine that— 
(1) the project or activity is justified by the en-
vironmental benefits derived by the coastal Lou-
isiana ecosystem; and 
(2) no further economic justification for the 
project or activity is required if the Secretary deter-
mines that the project or activity is cost effective. 
(b) LIMITATION ON APPLICABILITY.—Subsection (a) 
shall not apply to any separable element intended to 
produce benefits that are predominantly unrelated to the
343 
protection, conservation, and restoration of the coastal 
Louisiana ecosystem. 
SEC. 7008. STATUTORY CONSTRUCTION. 
(a) EXISTING AUTHORITY.—Except as otherwise pro-
vided in this title, nothing in this title affects any author-
ity in effect on the date of enactment of this Act, or any 
requirement relating to the participation in protection, 
conservation, and restoration projects and activities in the 
coastal Louisiana ecosystem, including projects and activi-
ties referred to in subsection (a) of— 
(1) the Department of the Army; 
(2) the Department of the Interior; 
(3) the Department of Commerce; 
(4) the Environmental Protection Agency; 
(5) the Department of Agriculture; 
(6) the Department of Transportation; 
(7) the Department of Energy; 
(8) the Federal Emergency Management Agen-
cy; 
(9) the Coast Guard; and 
(10) the State of Louisiana. 
(b) NEW AUTHORITY.—Nothing in this title confers 
any new regulatory authority on any Federal or non-Fed-
eral entity that carries out any project or activity author-
ized by or under this title.
344 
TITLE VIII—UPPER MISSISSIPPI 
RIVER AND ILLINOIS WATER-
WAY SYSTEM 
SEC. 8001. DEFINITIONS. 
In this title, the following definitions apply: 
(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 Decem-
ber 15, 2004. 
(2) UPPER
MISSISSIPPI
RIVER
AND
ILLINOIS 
WATERWAY 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, 
Illinois, River Mile 0.0, to T.J. O’Brien Lock in 
Chicago, Illinois, River Mile 327.0.
345 
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA-
TION. 
Except as modified by this title, the Secretary shall 
undertake navigation improvements and restoration of the 
ecosystem for the Upper Mississippi River and Illinois 
Water System substantially in accordance with the Plan 
and subject to the conditions described therein. 
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA-
TION IMPROVEMENTS. 
(a) SMALL SCALE
AND NONSTRUCTURAL MEAS-
URES.— 
(1) IN GENERAL.—The Secretary shall— 
(A) construct mooring facilities at Locks 
12, 14, 18, 20, 22, 24, and LaGrange Lock; 
(B) provide switchboats at Locks 20 
through 25; and 
(C) conduct development and testing of an 
appointment scheduling system. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
The total cost of projects authorized under this sub-
section shall be $235,000,000. Such costs shall be 
paid 1⁄2 from amounts appropriated from the general 
fund of the Treasury and 1⁄2 from amounts appro-
priated from the Inland Waterways Trust Fund. 
(b) NEW LOCKS.—
346 
(1) IN
GENERAL.—The Secretary shall con-
struct new 1,200-foot locks at Locks 20, 21, 22, 24, 
and 25 on the Upper Mississippi River and at La-
Grange Lock and Peoria Lock on the Illinois Water-
way. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
The total cost of projects authorized under this sub-
section shall be $1,795,000,000. Such costs shall be 
paid 1⁄2 from amounts appropriated from the general 
fund of the Treasury and 1⁄2 from amounts appro-
priated from the Inland Waterways Trust Fund. 
(c) CONCURRENCE.—The mitigation required for the 
projects authorized under subsections (a) and (b), includ-
ing any acquisition of lands or interests in lands, shall be 
undertaken or acquired concurrently with lands and inter-
ests in lands for the projects authorized under subsections 
(a) and (b), and physical construction required for the 
purposes of mitigation shall be undertaken concurrently 
with the physical construction of such projects. 
SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 
(a) OPERATION.—To ensure the environmental sus-
tainability of the existing Upper Mississippi River and Illi-
nois Waterway System, the Secretary shall modify, con-
sistent with requirements to avoid adverse effects on navi-
gation, the operation of the Upper Mississippi River and
347 
Illinois Waterway System to address the cumulative envi-
ronmental impacts of operation of the system and improve 
the ecological integrity of the Upper Mississippi River and 
Illinois River. 
(b) ECOSYSTEM RESTORATION PROJECTS.— 
(1) IN
GENERAL.—The Secretary shall carry 
out, consistent with requirements to avoid adverse 
effects on navigation, ecosystem restoration projects 
to attain and maintain the sustainability of the eco-
system of the Upper Mississippi River and Illinois 
River in accordance with the general framework out-
lined in the Plan. 
(2) PROJECTS INCLUDED.—Ecosystem restora-
tion projects may include— 
(A) island building; 
(B) construction of fish passages; 
(C) floodplain restoration; 
(D) water level management (including 
water drawdown); 
(E) backwater restoration; 
(F) side channel restoration; 
(G) wing dam and dike restoration and 
modification; 
(H) island and shoreline protection; 
(I) topographical diversity;