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‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), not less than 14 days before
operating any headwaters reservoir below the
minimum or above the maximum water level
limits specified in subsection (a), the Secretary
shall submit to Congress a notice of intent to op-
erate the headwaters reservoir.
‘‘(B) EXCEPTION.—Notice under subpara-
graph (A) shall not be required in any case in
which—
‘‘(i) the operation of a headwaters res-
ervoir is necessary to prevent the loss of life
or to ensure the safety of a dam; or
‘‘(ii) the drawdown of the water level
of the reservoir is in anticipation of a flood
control operation.’’.
SEC. 3138. LOWER MISSISSIPPI RIVER MUSEUM AND RIVER-
FRONT INTERPRETIVE SITE.
Section 103(c)(2) of the Water Resources Development
Act of 1992 (106 Stat. 4811) is amended by striking ‘‘prop-
erty currently held by the Resolution Trust Corporation in
the vicinity of the Mississippi River Bridge’’ and inserting
‘‘riverfront property’’.
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SEC. 3139. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON-
MENTAL MANAGEMENT PROGRAM.
(a) IN GENERAL.—Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any
Upper Mississippi River fish and wildlife habitat rehabili-
tation and enhancement project carried out under section
1103(e) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)), with the consent of the affected local
government, a nongovernmental organization may be con-
sidered to be a non-Federal interest.
(b) 
CONFORMING
AMENDMENT.—Section
1103(e)(1)(A)(ii) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by insert-
ing before the period at the end the following: ‘‘, including
research on water quality issues affecting the Mississippi
River, including elevated nutrient levels, and the develop-
ment of remediation strategies’’.
SEC. 3140. UPPER BASIN OF MISSOURI RIVER.
(a) USE OF FUNDS.—Notwithstanding the Energy and
Water Development Appropriations Act, 2006 (Public Law
109–103; 119 Stat. 2247), funds made available for recov-
ery or mitigation activities in the lower basin of the Mis-
souri River may be used for recovery or mitigation activi-
ties in the upper basin of the Missouri River, including the
States of Montana, Nebraska, North Dakota, and South Da-
kota.
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(b) CONFORMING AMENDMENT.—The matter under the
heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI,
KANSAS, IOWA, AND NEBRASKA’’ of section 601(a) of
the Water Resources Development Act of 1986 (100 Stat.
4143), as modified by section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306), is amended by
adding at the end the following: ‘‘The Secretary may carry
out any recovery or mitigation activities in the upper basin
of the Missouri River, including the States of Montana, Ne-
braska, North Dakota, and South Dakota, using funds made
available under this heading in accordance with the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) and con-
sistent with the project purposes of the Missouri River
Mainstem System as authorized by section 10 of the Act
of December 22, 1944 (commonly known as the ‘Flood Con-
trol Act of 1944’) (58 Stat. 897).’’.
SEC. 3141. GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION PROGRAM.
(a) GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION.—Section 506(c) of the Water Resources Develop-
ment Act of 2000 (42 U.S.C. 1962d–22(c)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the fol-
lowing:
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‘‘(2) RECONNAISSANCE STUDIES.—Before plan-
ning, designing, or constructing a project under para-
graph (3), the Secretary shall carry out a reconnais-
sance study—
‘‘(A) to identify methods of restoring the
fishery, ecosystem, and beneficial uses of the
Great Lakes; and
‘‘(B) to determine whether planning of a
project under paragraph (3) should proceed.’’;
and
(3) in paragraph (4)(A) (as redesignated by
paragraph (1)), by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’.
(b) COST SHARING.—Section 506(f) of the Water Re-
sources Development Act of 2000 (42 U.S.C. 1962d–22(f))
is amended—
(1) by redesignating paragraphs (2) through (5)
as paragraphs (3) through (6), respectively;
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) RECONNAISSANCE
STUDIES.—Any recon-
naissance study under subsection (c)(2) shall be car-
ried out at full Federal expense.’’;
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(3) in paragraph (3) (as redesignated by para-
graph (1)), by striking ‘‘(2) or (3)’’ and inserting
‘‘(3) or (4)’’; and
(4) in paragraph (4)(A) (as redesignated by
paragraph (1)), by striking ‘‘subsection (c)(2)’’ and
inserting ‘‘subsection (c)(3)’’.
SEC. 3142. GREAT LAKES REMEDIAL ACTION PLANS AND
SEDIMENT REMEDIATION.
Section 401(c) of the Water Resources Development Act
of 1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended
by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’.
SEC. 3143. GREAT LAKES TRIBUTARY MODELS.
Section 516(g)(2) of the Water Resources Development
Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking
‘‘through 2006’’ and inserting ‘‘through 2011’’.
SEC. 3144. UPPER OHIO RIVER AND TRIBUTARIES NAVIGA-
TION SYSTEM NEW TECHNOLOGY PILOT PRO-
GRAM.
(a) DEFINITION OF UPPER OHIO RIVER AND TRIBU-
TARIES NAVIGATION SYSTEM.—In this section, the term
‘‘Upper Ohio River and Tributaries Navigation System’’
means the Allegheny, Kanawha, Monongahela, and Ohio
Rivers.
(b) ESTABLISHMENT.—
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(1) IN GENERAL.—The Secretary shall establish
a pilot program to evaluate new technologies applica-
ble to the Upper Ohio River and Tributaries Naviga-
tion System.
(2) INCLUSIONS.—The program may include the
design, construction, or implementation of innovative
technologies and solutions for the Upper Ohio River
and 
Tributaries 
Navigation 
System, 
including
projects for—
(A) improved navigation;
(B) environmental stewardship;
(C) increased navigation reliability; and
(D) reduced navigation costs.
(3) PURPOSES.—The purposes of the program
shall be, with respect to the Upper Ohio River and
Tributaries Navigation System—
(A) to increase the reliability and avail-
ability of federally-owned and federally-operated
navigation facilities;
(B) to decrease system operational risks;
and
(C) to improve—
(i) vessel traffic management;
(ii) access; and
(iii) Federal asset management.
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(c) FEDERAL OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is federally owned.
(d) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall enter into
local cooperation agreements with non-Federal inter-
ests to provide for the design, construction, installa-
tion, and operation of the projects to be carried out
under the program.
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall in-
clude the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a navigation improvement
project, including appropriate engineering plans
and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure the
effective long-term operation of the project.
(3) COST SHARING.—Total project costs under
each local cooperation agreement shall be cost-shared
in accordance with the formula relating to the appli-
cable original construction project.