†
104
HR 2864 EAS
SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DE-
VELOPMENT PROGRAM.
(a) IN GENERAL.—Section 3 of the Act entitled ‘‘An
Act authorizing Federal participation in the cost of pro-
tecting the shores of publicly owned property’’, approved
August 13, 1946 (33 U.S.C. 426g), is amended to read as
follows:
‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM-
PACT MINIMIZATION PROGRAM.
‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH
RESTORATION AND PROTECTION PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary may carry out
construction of small shore and beach restoration and
protection projects not specifically authorized by Con-
gress that otherwise comply with the first section of
this Act if the Secretary determines that such con-
struction is advisable.
‘‘(2) LOCAL COOPERATION.—The local coopera-
tion requirement under the first section of this Act
shall apply to a project under this section.
‘‘(3) COMPLETENESS.—A project under this
section—
‘‘(A) shall be complete; and
‘‘(B) shall not commit the United States to
any additional improvement to ensure the suc-
cessful operation of the project, except for par-
†
105
HR 2864 EAS
ticipation in periodic beach nourishment in ac-
cordance with—
‘‘(i) the first section of this Act; and
‘‘(ii) the procedure for projects author-
ized after submission of a survey report.
‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE-
VELOPMENT AND DEMONSTRATION PROGRAM.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Chief of Engineers, shall conduct a na-
tional shoreline erosion control development and dem-
onstration program (referred to in this section as the
‘program’).
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—The program shall in-
clude provisions for—
‘‘(i) projects consisting of planning, de-
sign, construction, and adequate monitoring
of prototype engineered and native and nat-
uralized vegetative shoreline erosion control
devices and methods;
‘‘(ii) detailed engineering and environ-
mental reports on the results of each project
carried out under the program; and
‘‘(iii) technology transfers, as appro-
priate, to private property owners, State
†
106
HR 2864 EAS
and local entities, nonprofit educational in-
stitutions, and nongovernmental organiza-
tions.
‘‘(B) DETERMINATION OF FEASIBILITY.—A
project under this section shall not be carried out
until the Secretary, acting through the Chief of
Engineers, determines that the project is feasible.
‘‘(C) EMPHASIS.—A project carried out
under the program shall emphasize, to the max-
imum extent practicable—
‘‘(i) the development and demonstra-
tion of innovative technologies;
‘‘(ii) efficient designs to prevent ero-
sion at a shoreline site, taking into account
the lifecycle cost of the design, including
cleanup, maintenance, and amortization;
‘‘(iii) new and enhanced shore protec-
tion project design and project formulation
tools the purposes of which are to improve
the physical performance, and lower the
lifecycle costs, of the projects;
‘‘(iv) natural designs, including the use
of native and naturalized vegetation or tem-
porary structures that minimize permanent
structural alterations to the shoreline;
†
107
HR 2864 EAS
‘‘(v) the avoidance of negative impacts
to adjacent shorefront communities;
‘‘(vi) the potential for long-term protec-
tion afforded by the technology; and
‘‘(vii) recommendations developed from
evaluations of the program established
under the Shoreline Erosion Control Dem-
onstration Act of 1974 (42 U.S.C. 1962–5
note; 88 Stat. 26), including—
‘‘(I) adequate consideration of the
subgrade;
‘‘(II) proper filtration;
‘‘(III) durable components;
‘‘(IV) adequate connection between
units; and
‘‘(V) consideration of additional
relevant information.
‘‘(D) SITES.—
‘‘(i) IN GENERAL.—Each project under
the program shall be carried out at—
‘‘(I) a privately owned site with
substantial public access; or
‘‘(II) a publicly owned site on
open coast or in tidal waters.
†
108
HR 2864 EAS
‘‘(ii) SELECTION.—The Secretary, act-
ing through the Chief of Engineers, shall de-
velop criteria for the selection of sites for
projects under the program, including cri-
teria based on—
‘‘(I) a variety of geographic and
climatic conditions;
‘‘(II) the size of the population
that is dependent on the beaches for
recreation or the protection of private
property or public infrastructure;
‘‘(III) the rate of erosion;
‘‘(IV) 
significant 
natural 
re-
sources 
or 
habitats 
and 
environ-
mentally sensitive areas; and
‘‘(V) significant threatened his-
toric structures or landmarks.
‘‘(3) CONSULTATION.—The Secretary, acting
through the Chief of Engineers, shall carry out the
program in consultation with—
‘‘(A) the Secretary of Agriculture, particu-
larly with respect to native and naturalized veg-
etative means of preventing and controlling
shoreline erosion;
‘‘(B) Federal, State, and local agencies;
†
109
HR 2864 EAS
‘‘(C) private organizations;
‘‘(D) the Coastal Engineering Research Cen-
ter established by the first section of Public Law
88–172 (33 U.S.C. 426–1); and
‘‘(E) applicable university research facili-
ties.
‘‘(4) COMPLETION
OF
DEMONSTRATION.—After
carrying out the initial construction and evaluation
of the performance and lifecycle cost of a demonstra-
tion project under this section, the Secretary, acting
through the Chief of Engineers, may—
‘‘(A) at the request of a non-Federal interest
of the project, amend the agreement for a feder-
ally-authorized shore protection project in exist-
ence on the date on which initial construction of
the demonstration project is complete to incor-
porate the demonstration project as a feature of
the shore protection project, with the future cost
of the demonstration project to be determined by
the cost-sharing ratio of the shore protection
project; or
‘‘(B) transfer all interest in and responsi-
bility for the completed demonstration project to
the non-Federal or other Federal agency interest
of the project.
†
110
HR 2864 EAS
‘‘(5) 
AGREEMENTS.—The 
Secretary, 
acting
through the Chief of Engineers, may enter into an
agreement with the non-Federal or other Federal
agency interest of a project under this section—
‘‘(A) to share the costs of construction, oper-
ation, maintenance, and monitoring of a project
under the program;
‘‘(B) to share the costs of removing a project
or project element constructed under the pro-
gram, if the Secretary determines that the project
or project element is detrimental to private prop-
erty, public infrastructure, or public safety; or
‘‘(C) to specify ownership of a completed
project that the Chief of Engineers determines
will not be part of a Corps of Engineers project.
‘‘(6) REPORT.—Not later than December 31 of
each year beginning after the date of enactment of
this paragraph, the Secretary shall prepare and sub-
mit to the Committee on Environment and Public
works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a report describing—
‘‘(A) the activities carried out and accom-
plishments made under the program during the
preceding year; and
†
111
HR 2864 EAS
‘‘(B) any recommendations of the Secretary
relating to the program.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may expend, from any appropriations
made available to the Secretary for the purpose of
carrying out civil works, not more than $30,000,000
during any fiscal year to pay the Federal share of the
costs of construction of small shore and beach restora-
tion and protection projects or small projects under
the program.
‘‘(2) LIMITATION.—The total amount expended
for a project under this section shall—
‘‘(A) be sufficient to pay the cost of Federal
participation in the project (including periodic
nourishment as provided for under the first sec-
tion of this Act), as determined by the Secretary;
and
‘‘(B) be not more than $3,000,000.’’.
(b) REPEAL.—Section 5 the Act entitled ‘‘An Act au-
thorizing Federal participation in the cost of protecting the
shores of publicly owned property’’, approved August 13,
1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is repealed.
†
112
HR 2864 EAS
SEC. 2014. SHORE PROTECTION PROJECTS.
(a) IN GENERAL.—In accordance with the Act of July
3, 1930 (33 U.S.C. 426), and notwithstanding administra-
tive actions, it is the policy of the United States to promote
shore protection projects and related research that encour-
age the protection, restoration, and enhancement of sandy
beaches, including beach restoration and periodic beach re-
nourishment for a period of 50 years, on a comprehensive
and coordinated basis by the Federal Government, States,
localities, and private enterprises.
(b) PREFERENCE.—In carrying out the policy, pref-
erence shall be given to—
(1) areas in which there has been a Federal in-
vestment of funds; and
(2) areas with respect to which the need for pre-
vention or mitigation of damage to shores and beaches
is attributable to Federal navigation projects or other
Federal activities.
(c) APPLICABILITY.—The Secretary shall apply the
policy to each shore protection and beach renourishment
project (including shore protection and beach renourish-
ment projects in existence on the date of enactment of this
Act).
SEC. 2015. COST SHARING FOR MONITORING.
(a) IN GENERAL.—Costs incurred for monitoring for
an ecosystem restoration project shall be cost-shared—
†
113
HR 2864 EAS
(1) in accordance with the formula relating to
the applicable original construction project; and
(2) for a maximum period of 10 years.
(b) AGGREGATE LIMITATION.—Monitoring costs for an
ecosystem restoration project—
(1) shall not exceed in the aggregate, for a 10-
year period, an amount equal to 5 percent of the cost
of the applicable original construction project; and
(2) after the 10-year period, shall be 100 percent
non-Federal.
SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.
For each of the following projects, the Corps of Engi-
neers shall include ecosystem restoration benefits in the cal-
culation of benefits for the project:
(1) Grayson’s Creek, California.
(2) Seven Oaks, California.
(3) Oxford, California.
(4) Walnut Creek, California.
(5) Wildcat Phase II, California.
SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND
PROCESSING OF PERMITS.
Section 214(a) of the Water Resources Development
Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is
amended by striking ‘‘In fiscal years 2001 through 2003,
the’’ and inserting ‘‘The’’.
†
114
HR 2864 EAS
SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICA-
TIONS.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall implement
a program to allow electronic submission of permit applica-
tions for permits under the jurisdiction of the Corps of En-
gineers.
(b) LIMITATIONS.—This section does not preclude the
submission of a hard copy, as required.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$3,000,000.
SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT
CORPS OF ENGINEERS RESERVOIRS.
(a) IN GENERAL.—As part of the operation and main-
tenance, by the Corps of Engineers, of reservoirs in oper-
ation as of the date of enactment of this Act, the Secretary
shall carry out the measures described in subsection (c) to
support the water resource needs of project sponsors and
any affected State, local, or tribal government for author-
ized project purposes.
(b) COOPERATION.—The Secretary shall carry out the
measures described in subsection (c) in cooperation and co-
ordination with project sponsors and any affected State,
local, or tribal government.
†
115
HR 2864 EAS
(c) MEASURES.—In carrying out this section, the Sec-
retary may—
(1) conduct a study to identify unused,
underused, or additional water storage capacity at
reservoirs;
(2) review an operational plan and identify any
change to maximize an authorized project purpose to
improve water storage capacity and enhance effi-
ciency of releases and withdrawal of water;
(3) improve and update data, data collection,
and forecasting models to maximize an authorized
project purpose and improve water storage capacity
and delivery to water users; and
(4) conduct a sediment study and implement
any sediment management or removal measure.
(d) REVENUES FOR SPECIAL CASES.—
(1) COSTS OF WATER SUPPLY STORAGE.—In the
case of a reservoir operated or maintained by the
Corps of Engineers on the date of enactment of this
Act, the storage charge for a future contract or con-
tract renewal for the first cost of water supply storage
at the reservoir shall be the lesser of the estimated cost
of purposes foregone, replacement costs, or the up-
dated cost of storage.
†
116
HR 2864 EAS
(2) REALLOCATION.—In the case of a water sup-
ply that is reallocated from another project purpose
to municipal or industrial water supply, the joint use
costs for the reservoir shall be adjusted to reflect the
reallocation of project purposes.
(3) CREDIT
FOR
AFFECTED
PROJECT
PUR-
POSES.—In the case of a reallocation that adversely
affects hydropower generation, the Secretary shall
defer to the Administrator of the respective Power
Marketing Administration to calculate the impact of
such a reallocation on the rates for hydroelectric
power.
SEC. 2020. FEDERAL HOPPER DREDGES.
Section 3(c)(7)(B) of the Act of August 11, 1888 (33
U.S.C. 622; 25 Stat. 423), is amended by adding at the
end the following: ‘‘This subparagraph shall not apply to
the Federal hopper dredges Essayons and Yaquina of the
Corps of Engineers.’’.
SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.
In the State of Louisiana, extraordinary rainfall
events such as Hurricanes Katrina and Rita, which oc-
curred during calendar year 2005, and Hurricane Andrew,
which occurred during calendar year 1992, shall not be con-
sidered in making a determination with respect to the ordi-
nary high water mark for purposes of carrying out section
†
117
HR 2864 EAS
10 of the Act of March 3, 1899 (33 U.S.C. 403) (commonly
known as the ‘‘Rivers and Harbors Act’’).
SEC. 2022. WILDFIRE FIREFIGHTING.
Section 309 of Public Law 102–154 (42 U.S.C. 1856a–
1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary
of the Army,’’ after ‘‘the Secretary of Energy,’’.
SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.
Section 221(b) of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b(b)) is amended—
(1) by striking ‘‘A non-Federal interest shall be’’
and inserting the following:
‘‘(1) IN
GENERAL.—In this section, the term
‘non-Federal interest’ means’’; and
(2) by adding at the end the following:
‘‘(2) INCLUSIONS.—The term ‘non-Federal inter-
est’ includes a nonprofit organization acting with the
consent of the affected unit of government.’’.
SEC. 2024. PROJECT ADMINISTRATION.
(a) PROJECT TRACKING.—The Secretary shall assign
a unique tracking number to each water resources project
under the jurisdiction of the Secretary, to be used by each
Federal agency throughout the life of the project.
(b) REPORT REPOSITORY.—
(1) IN GENERAL.—The Secretary shall maintain
at the Library of Congress a copy of each final feasi-
†
118
HR 2864 EAS
bility study, final environmental impact statement,
final reevaluation report, record of decision, and re-
port to Congress prepared by the Corps of Engineers.
(2) AVAILABILITY TO PUBLIC.—
(A) IN GENERAL.—Each document described
in paragraph (1) shall be made available to the
public for review, and an electronic copy of each
document shall be made permanently available
to the public through the Internet website of the
Corps of Engineers.
(B) COST.—The Secretary shall charge the
requestor for the cost of duplication of the re-
quested document.
SEC. 2025. PROGRAM ADMINISTRATION.
Sections 101, 106, and 108 of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109–
103; 119 Stat. 2252–2254), are repealed.
SEC. 2026. NATIONAL DAM SAFETY PROGRAM REAUTHOR-
IZATION.
(a) SHORT TITLE.—This section may be cited as the
‘‘National Dam Safety Program Act of 2006’’.
(b) REAUTHORIZATION.—Section 13 of the National
Dam Safety Program Act (33 U.S.C. 467j) is amended—
†
119
HR 2864 EAS
(1) in subsection (a)(1), by adding ‘‘, and
$8,000,000 for each of fiscal years 2007 through 2011,
to remain available until expended’’ after ‘‘expended’’;
(2) in subsection (b), by striking ‘‘$500,000’’ and
inserting ‘‘$1,000,000’’;
(3) in subsection (c), by inserting before the pe-
riod at the end the following: ‘‘, and $2,000,000 for
each of fiscal years 2007 through 2011, to remain
available until expended’’;
(4) in subsection (d), by inserting before the pe-
riod at the end the following: ‘‘, and $700,000 for
each of fiscal years 2007 through 2011, to remain
available until expended’’; and
(5) in subsection (e), by inserting before the pe-
riod at the end the following: ‘‘, and $1,000,000 for
each of fiscal years 2007 through 2011, to remain
available until expended’’.
SEC. 2027. EXTENSION OF SHORE PROTECTION PROJECTS.
(a) IN GENERAL.—Before the date on which the appli-
cable period for Federal financial participation in a shore
protection project terminates, the Secretary, acting through
the Chief of Engineers, is authorized to review the shore pro-
tection project to determine whether it would be feasible to
extend the period of Federal financial participation relat-
ing to the project.
†
120
HR 2864 EAS
(b) REPORT.—The Secretary shall submit to Congress
a report describing the results of each review conducted
under subsection (a).
Subtitle B—Continuing Authorities
Projects
SEC. 
2031. 
NAVIGATION 
ENHANCEMENTS 
FOR
WATERBOURNE TRANSPORTATION.
Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) is amended—
(1) by striking ‘‘SEC. 107. (a) That the Secretary
of the Army is hereby authorized to’’ and inserting
the following:
‘‘SEC. 
107. 
NAVIGATION 
ENHANCEMENTS 
FOR
WATERBOURNE TRANSPORTATION.
‘‘(a) IN GENERAL.—The Secretary of the Army may’’;
(2) in subsection (b)—
(A) by striking ‘‘(b) Not more’’ and insert-
ing the following:
‘‘(b) ALLOTMENT.—Not more’’; and
(B) by striking ‘‘$4,000,000’’ and inserting
‘‘$7,000,000’’;
(3) in subsection (c), by striking ‘‘(c) Local’’ and
inserting the following:
‘‘(c) LOCAL CONTRIBUTIONS.—Local’’;