H. R. 1495—171 
and removal, as appropriate, of Piers 30–32, 35, 36, 70 (including 
Wharves 7 and 8), and 80 in San Francisco, California, substantially 
in accordance with the Port’s redevelopment plan. 
(b) AUTHORIZATION
OF APPROPRIATION.—There is authorized 
to be appropriated $25,000,000 to carry out this section. 
SEC. 5052. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA. 
(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST.— 
Unless the Secretary finds, after consultation with local and 
regional public officials (including local and regional public planning 
organizations), that the proposed projects to be undertaken within 
the boundaries of the portion of the San Francisco, California, 
waterfront area described in subsection (b) are not in the public 
interest, such portion is declared to be nonnavigable waters of 
the United States. 
(b) NORTHERN EMBARCADERO SOUTH OF BRYANT STREET.—The 
portion of the San Francisco, California, waterfront area referred 
to in subsection (a) is as follows: Beginning at the intersection 
of the northeasterly prolongation of that portion of the northwest-
erly line of Bryant Street lying between Beale Street and Main 
Street with the southwesterly line of Spear Street, which intersec-
tion lies on the line of jurisdiction of the San Francisco Port 
Commission; following thence southerly along said line of jurisdic-
tion as described in the State of California Harbor and Navigation 
Code Section 1770, as amended in 1961, to its intersection with 
the southeasterly line of Townsend Street; thence northeasterly 
along said southeasterly line of Townsend Street, to its intersection 
with a line that is parallel and distant 10 feet southerly from 
the existing southern boundary of Pier 40 produced; thence easterly 
along said parallel line, to its point of intersection with the United 
States Government Pierhead line; thence northerly along said 
Pierhead line to its intersection with a line parallel with, and 
distant 10 feet easterly from, the existing easterly boundary line 
of Pier 30–32; thence northerly along said parallel line and its 
northerly prolongation, to a point of intersection with a line parallel 
with, and distant 10 feet northerly from, the existing northerly 
boundary of Pier 30–32; thence westerly along last said parallel 
line to its intersection with the United States Government Pierhead 
line; thence northerly along said Pierhead line, to its intersection 
aforementioned northwesterly line of Bryant Street produced north-
easterly; thence southwesterly along said northwesterly line of 
Bryant Street produced to the point of beginning. 
(c) REQUIREMENT THAT AREA BE IMPROVED.—The declaration 
of nonnavigability under subsection (a) applies only to those parts 
of the area described in subsection (b) that are or will be bulk-
headed, filled, or otherwise occupied by permanent structures and 
does not affect the applicability of any Federal statute or regulation 
applicable to such parts the day before the date of enactment 
of this Act, including sections 9 and 10 of the Act of March 3, 
1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly known 
as the Rivers and Harbors Appropriation Act of 1899, section 404 
of the Federal Water Pollution Control Act (33 U.S.C. 1344), and 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(d) EXPIRATION DATE.—If, 20 years from the date of enactment 
of this Act, any area or part thereof described in subsection (b) 
is not bulkheaded or filled or occupied by permanent structures,
H. R. 1495—172 
including marina facilities, in accordance with the requirements 
set out in subsection (c), or if work in connection with any activity 
permitted in subsection (c) is not commenced within 5 years after 
issuance of such permits, then the declaration of nonnavigability 
for such area or part thereof shall expire. 
SEC. 5053. SAN PABLO BAY, CALIFORNIA, WATERSHED AND SUISUN 
MARSH ECOSYSTEM RESTORATION. 
(a) SAN PABLO BAY WATERSHED, CALIFORNIA.— 
(1) IN GENERAL.—The Secretary shall complete work, as 
expeditiously as possible, on the ongoing San Pablo Bay water-
shed, California, study to determine the feasibility of opportuni-
ties for restoring, preserving, and protecting the San Pablo 
Bay watershed. 
(2) REPORT.—Not later than March 31, 2008, the Secretary 
shall submit to Congress a report on the results of the study. 
(b) SUISUN MARSH, CALIFORNIA.—The Secretary shall conduct 
a comprehensive study to determine the feasibility of opportunities 
for restoring, preserving, and protecting the Suisun Marsh, Cali-
fornia. 
(c) SAN PABLO AND SUISUN BAY MARSH WATERSHED CRITICAL 
RESTORATION PROJECTS.— 
(1) IN GENERAL.—The Secretary may participate in critical 
restoration projects that will produce, consistent with Federal 
programs, projects, and activities, immediate and substantial 
ecosystem restoration, preservation, and protection benefits in 
the following sub-watersheds of the San Pablo and Suisun 
Bay Marsh watersheds: 
(A) The tidal areas of the Petaluma River, Napa- 
Sonoma Marsh. 
(B) The shoreline of West Contra Costa County. 
(C) Novato Creek. 
(D) Suisun Marsh. 
(E) Gallinas-Miller Creek. 
(2) TYPES OF ASSISTANCE.—Participation in critical restora-
tion projects under this subsection may include assistance for 
planning, design, or construction. 
(d) CREDIT.—In accordance with section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b), the Secretary shall credit toward 
the non-Federal share of the cost of construction of a project under 
this section— 
(1) the value of any lands, easements, rights-of-way, 
dredged material disposal areas, or relocations provided by 
the non-Federal interest for carrying out the project, regardless 
of the date of acquisition; 
(2) funds received from the CALFED Bay-Delta program; 
and 
(3) the cost of the studies, design, and construction work 
carried out by the non-Federal interest before the date of the 
partnership agreement for the project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $40,000,000. 
SEC. 5054. ST. HELENA, CALIFORNIA. 
(a) IN GENERAL.—The Secretary may construct a project for 
flood control and environmental restoration, St. Helena, California, 
substantially in accordance with the plan for the St. Helena com-
prehensive flood protection project dated 2006 and described in
H. R. 1495—173 
the addendum dated June 27, 2006, to the report prepared by 
the city of St. Helena entitled ‘‘City of St. Helena Comprehensive 
Flood Protection Project, Final Environmental Impact Report’’, and 
dated January 2004, if the Secretary determines that the plans 
and designs for the project are feasible. 
(b) COST.—The total cost of the project to be constructed pursu-
ant to subsection (a) shall be $30,000,000, with an estimated Federal 
cost of $19,500,000 and an estimated non-Federal cost of 
$10,500,000. 
(c) REIMBURSEMENT.—The non-Federal interest shall be 
reimbursed for any work performed by the non-Federal interest 
for the project described in subsection (a) that is in excess of 
the required non-Federal contribution toward the total cost of the 
project, if the Secretary determines that the work is integral to 
the project. 
SEC. 5055. UPPER CALAVERAS RIVER, STOCKTON, CALIFORNIA. 
(a) REEVALUATION.—The Secretary shall reevaluate the feasi-
bility of the Lower Mosher Slough element and the levee extensions 
on the Upper Calaveras River element of the project for flood 
control, Stockton Metropolitan Area, California, carried out under 
section 211(f)(3) of the Water Resources Development Act of 1996 
(110 Stat. 3683), to determine the eligibility of such elements for 
reimbursement under section 211 of such Act (33 U.S.C. 701b– 
13). 
(b) SPECIAL RULES
FOR REEVALUATION.—In conducting the 
reevaluation under subsection (a), the Secretary shall not reject 
a feasibility determination based on one or more of the policies 
of the Corps of Engineers concerning the frequency of flooding, 
the drainage area, and the amount of runoff. 
(c) REIMBURSEMENT.—If the Secretary determines that the ele-
ments referred to subsection (a) are feasible, the Secretary shall 
reimburse, subject to appropriations, the non-Federal interest under 
section 211 of the Water Resources Development Act of 1996 for 
the Federal share of the cost of such elements. 
SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
COLORADO, NEW MEXICO, AND TEXAS. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) RIO GRANDE COMPACT.—The term ‘‘Rio Grande Compact’’ 
means the compact approved by Congress under the Act of 
May 31, 1939 (53 Stat. 785), and ratified by the States. 
(2) RIO
GRANDE
BASIN.—The term ‘‘Rio Grande Basin’’ 
means the Rio Grande (including all tributaries and their head-
waters) located— 
(A) in the State of Colorado, from the Rio Grande 
Reservoir, near Creede, Colorado, to the New Mexico State 
border; 
(B) in the State of New Mexico, from the Colorado 
State border downstream to the Texas State border; and 
(C) in the State of Texas, from the New Mexico State 
border to the southern terminus of the Rio Grande at 
the Gulf of Mexico. 
(3) STATES.—The term ‘‘States’’ means the States of Colo-
rado, New Mexico, and Texas. 
(b) PROGRAM AUTHORITY.—
H. R. 1495—174 
(1) IN
GENERAL.—The Secretary shall carry out, in the 
Rio Grande Basin— 
(A) a program for the planning, construction, and 
evaluation of measures for fish and wildlife habitat 
rehabilitation and enhancement; and 
(B) implementation of a long-term monitoring, comput-
erized data inventory and analysis, applied research, and 
adaptive management program. 
(2) REPORTS.—Not later than December 31, 2008, and not 
later than December 31 of every sixth year thereafter, the 
Secretary, in consultation with the Secretary of the Interior 
and the States, shall submit to Congress a report that— 
(A) contains an evaluation of the programs described 
in paragraph (1); 
(B) describes the accomplishments of each program; 
(C) provides updates of a systemic habitat needs assess-
ment; and 
(D) identifies any needed adjustments in the authoriza-
tion of the programs. 
(c) STATE
AND
LOCAL
CONSULTATION
AND
COOPERATIVE 
EFFORT.—For the purpose of ensuring the coordinated planning 
and implementation of the programs described in subsection (b), 
the Secretary shall— 
(1) consult with the States, and other appropriate entities 
in the States, the rights and interests of which might be affected 
by specific program activities; and 
(2) enter into an interagency agreement with the Secretary 
of the Interior to provide for the direct participation of, and 
transfer of funds to, the United States Fish and Wildlife Service 
and any other agency or bureau of the Department of the 
Interior for the planning, design, implementation, and evalua-
tion of those programs. 
(d) OPERATION AND MAINTENANCE.—The costs of operation and 
maintenance of a project located on Federal land, or land owned 
or operated by a State or local government, shall be borne by 
the Federal, State, or local agency that has jurisdiction over fish 
and wildlife activities on the land. 
(e) EFFECT ON OTHER LAW.— 
(1) WATER LAW.—Nothing in this section shall be construed 
to preempt any State water law. 
(2) COMPACTS AND DECREES.—In carrying out this section, 
the Secretary shall comply with the Rio Grande Compact, and 
any applicable court decrees or Federal and State laws, affecting 
water or water rights in the Rio Grande Basin. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this section 
$15,000,000 for each of fiscal years 2008 through 2011. 
SEC. 5057. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN 
HARBOR, CONNECTICUT. 
The western breakwater for the project for navigation, New 
Haven Harbor, Connecticut, authorized by the first section of the 
Act of September 19, 1890 (26 Stat. 428), shall be known and 
designated as the ‘‘Charles Hervey Townshend Breakwater’’.