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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(A) The actual gross cargo weight.
''(B) A reasonable description of the contents of
the container or trailer.
''(C) The identity of the certifying party.
''(D) The container or trailer number.
''(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
''(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
''(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.
[A]: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Care Waiver Fairness Act of
2011''.

SEC. 2. PPACA WAIVER PROCESS.

(a) In General.--Title I of the Patient Protection and Affordable
Care Act (Public Law 111-148) is amended by adding at the end the
following new subtitle:

''Subtitle G--Waiver Process

''SEC. 1601. ESTABLISHMENT OF WAIVER PROCESS.

''(a) In General.--The applicable authorities (as defined in
subsection (c)) shall collectively establish a process (in this section
referred to as the 'waiver process') under which the administrator of a
health plan, an employer, an individual, or other entity may seek to
waive the application of a requirement under this title with respect to
such plan, employer, individual, or entity. Among the requirements
under this title, such process shall apply to the following:
''(1) Section 5000A of the Internal Revenue Code of 1986
(relating to requirement to maintain minimum essential
coverage), as inserted by section 1501(b).
''(2) Section 6055 of the Internal Revenue Code of 1986
(relating to reporting of health insurance coverage), as
inserted by section 1502(a).
''(3) Section 18A of the Fair Labor Standards Act of 1938
(42 U.S.C. 218a, relating to automatic enrollment for employees
of large employers), as inserted by section 1511.
''(4) Section 18B of the Fair Labor Standards Act of 1938
(42 U.S.C. 218b, relating to notice to employees), as inserted
by section 1512.
''(5) Section 4980H of the Internal Revenue Code of 1986
(relating to shared responsibility for employers regarding
health coverage), as inserted by section 1513(a).
''(6) Section 6056 of the Internal Revenue Code of 1986
(relating to certain employers required to report on health
insurance coverage), as inserted by section 1514(a).
''(7) Section 10108 (relating to free choice vouchers).
''(8) Regulations regarding the treatment of group health
plans or health insurance coverage as a grandfathered health
plan (as defined in section 1251(e)).
''(9) Section 2718(b) of the Public Health Service Act
(relating to medical loss ratios), as inserted by section 1001.
''(b) Waiver Process.--
''(1) In general.--The applicable authorities shall
establish the waiver process consistent with the following:
''(A) Notice and guidance.--Public notice and
guidance shall be provided regarding the process for
submission of waiver requests.
''(B) Standard.--A waiver request with respect to
the application of a requirement to a plan, employer,
individual, or entity shall be accompanied by a
statement that--
''(i) identifies the specific requirement
(or requirements) to be waived; and
''(ii) describes how the imposition of each
specific requirement for which a waiver is
requested on the plan, employer, individual, or
entity would result in a significant decrease
in access to coverage or a significant increase
in premiums or other costs for such plan,
employer, individual, or entity.
''(C) Deemed approval.--A waiver request filed that
is accompanied by such a statement shall be deemed to
be approved.
''(D) Publication of data.--The applicable
authorities shall regularly publish data regarding the
waiver requests received for the different
requirements.
''(2) Treatment of approved waivers.--In the case of
approval under the waiver process of a waiver request with
respect to a requirement of this title and an entity,
notwithstanding any other provision of law, such requirement
shall not apply to such entity on and after the date of
approval of the request.
''(3) Relation to other exemptions and exceptions.--Nothing
in this section shall be construed as superceding other
provisions of this title insofar as they provide for
exceptions, exemptions, or other special treatment with respect
to requirements under this title.
''(c) Applicable Authority.--In this section, the term 'applicable
authority' means--
''(1) except as otherwise provided in this subsection, the
Secretary of Health and Human Services;
''(2) the Secretary of Labor with respect to the provisions
of this title, including amendments made by this title, that
are administered by such Secretary; and
''(3) the Secretary of the Treasury with respect to the
provisions of this title, including amendments made by this
title, that are administered by such Secretary, including
sections of the Internal Revenue Code of 1986 specified in
subsection (a).
''(d) References to Requirements Under This Title.--In this
section, a reference to a requirement under this title include such a
requirement under an amendment made by this title, including as amended
by title X of this Act or by the provisions of the Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152).
''(e) Public Awareness Campaign.--Of the amounts available in the
Prevention and Public Health Fund established under section 4002,
notwithstanding any other provision of law, $50,000,000 shall be
available to and expended by the Secretary of Health and Human Services
to conduct, in coordination with other applicable authorities, a public
awareness campaign of the waiver process. Amounts made available under
this subsection shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title I the
following:

''Subtitle G--Waiver Process

''Sec. 1601. Establishment of waiver process.''.
[A]: Health Care Waiver Fairness Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees.

Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement.

Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.

[Q]: SECTION 1. FINDINGS.

Congress finds that--
(1) in section 1103(a)(2) of the Water Resources
Development Act of 1986 (100 Stat. 4225), Congress recognized
the Upper Mississippi River System as ''a nationally
significant ecosystem and a nationally significant commercial
navigation system'' and declared that the system ''shall be
administered and regulated in recognition of its several
purposes'';
(2) inaction on construction of new locks will lead to
economic decline, and inaction on implementation of an enhanced
ecosystem restoration program will lead to further
environmental decline;
(3) the Upper Mississippi River and Illinois Waterway carry
approximately 60 percent of the corn exports of the United
States and 45 percent of the soybean exports of the United
States, providing a significant positive balance of trade
benefit for the Nation;
(4) the movement of more than 100,000,000 tons of product
supports 400,000 full- and part-time jobs in the United States,
generating over $4,000,000,000 in income and $12,000,000,000 to
$15,000,000,000 in economic activity;
(5) Midwestern utilities use coal, the second largest
category of cargo shipped on the Upper Mississippi River
System, to produce cost-efficient energy;
(6) keeping the cost of transportation lower through
competition between transportation modes is the United States
farmer's competitive advantage in capturing future global
growth in agricultural exports;
(7) United States farm and trade policies work to open
world markets and promote United States exports, and water
resource policy has provided a low-cost transportation
alternative to other modes;
(8) the Department of Agriculture projects that corn
exports will grow 44 percent over the next decade, with a /3\
increase in growth exported through the Gulf of Mexico;
(9) United States exports of soybeans and soybean products
topped 1,000,000,000 bushels for the third straight year in
2003, with roughly 75 percent exported through the Port of New
Orleans via the Mississippi waterways and its tributaries;
(10) those transportation savings--
(A) provide higher income to farmers and rural
communities; and
(B) generate Federal and State taxes to support
community activities, quality of life, and national
benefits;
(11) the construction of new 1,200-foot locks and lock
extensions will provide more than 48,000,000 man-hours of
employment over 10 to 15 years;
(12) foreign competitors have worked over the last 10 years
to improve foreign transportation infrastructure to compete
more effectively with United States production;
(13) the inland waterway transportation system moves 16
percent of the freight in the United States for 2 percent of
the cost, including more than 100,000,000 tons on the Upper
Mississippi River System;
(14) the Department of Transportation projects that freight
congestion on the roads and rails in the United States will
double in the next 25 years and that water transportation will
need to play an increasing role in moving freight;
(15) the movement of 100,000,000 tons on the river system
in 4,400 15-barge tows out of harms way would require an
equivalent of 4,000,000 trucks or 1,000,000 rail cars moving
directly through our communities;
(16) econometric models are useful analytic tools to
provide valuable information, but are unable to account for
every market trend, development, and public policy impact;
(17) the current capacity of the Upper Mississippi River
System is--
(A) declining by 10 percent annually because of
unplanned closures of a 70-year old infrastructure; and
(B) reducing the potential for sustained growth;
(18) the current 600-foot lock system was designed for
steamboats, at a time when 4,000,000 tons moved on the
Mississippi River and a total of 2,000,000,000 bushels of corn
were produced nationally, compared to today, when 100,000,000
to 120,000,000 tons are shipped and the national production of
corn exceeds 10,000,000,000 bushels;
(19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22,
24, and 25 on the Upper Mississippi River and LaGrange and
Peoria on the Illinois Waterway are operating at 80 percent
utilization and are unable to provide for or process
effectively the volatile growth of traditional export grain
markets;
(20) based on the current construction schedule of new
locks and dams on the inland system, lock modernization will
need to take place over 30 years, starting immediately, as an
imperative to avoid lost export grain sales and diminished
national competitiveness;
(21) the Corps of Engineers has been studying the needs for
national investments on the Upper Mississippi River System for
the last 15 years and has based initial recommendations on the
best available information and science;
(22) the Upper Mississippi and Illinois Rivers ecosystem
consists of hundreds of thousands of acres of bottomland
forests, islands, backwaters, side channels, and wetlands;
(23) the river ecosystem is home to 270 species of birds,
57 species of mammals, 45 species of amphibians and reptiles,
113 species of fish, and nearly 50 species of mussels;
(24) more than 40 percent of migratory waterfowl and
shorebirds in North America depend on the river for food,
shelter, and habitat during migration;
(25) the annual operation of the Upper Mississippi River
Basin needs to take into consideration opportunities for
ecosystem restoration;
(26) development since the 1930s has altered and reduced
the biological diversity of the large flood plain river systems
of the Upper Mississippi and Illinois Rivers;
(27) Congress recognizes the need for significant Federal
investment in the restoration of the Upper Mississippi and
Illinois River ecosystems;
(28) the Upper Mississippi River System provides important
economic benefits from recreational and tourist uses, resulting
in the basin's receiving more visitors annually than most
National Parks, with the ecosystems and wildlife being the main
attractions;
(29) the Upper Mississippi River System--
(A) includes 284,688 acres of National Wildlife
Refuge land that is managed as habitat for migratory
birds, fish, threatened and endangered species, and a
diverse assortment of other species and related
habitats; and
(B) provides many recreational opportunities; and
(30) the Upper Mississippi River System also includes over
975,000 acres of land protected by levees and needs a balanced
ecosystem restoration program that adequately considers the
existing network of flood control infrastructure that protects
thousands of homes and businesses.

SEC. 2. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM
RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY SYSTEM.

(a) Definitions.--In this section, the following definitions apply:
(1) Plan.--The term ''Plan'' means the preferred integrated
plan contained in the document entitled ''Integrated
Feasibility Report and Programmatic Environmental Impact
Statement for the UMR-IWW System Navigation Feasibility
System'' and dated April 29, 2004.
(2) Secretary.--The term ''Secretary'' means the Secretary
of the Army.
(3) Upper mississippi river and illinois waterway system.--
The term ''Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized 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 confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
(b) Authorization of Construction of Navigation Improvements.--
(1) Small scale and nonstructural measures.--At a cost of
$24,000,000 in funds from the general fund of the Treasury, to
be matched in an equal amount from the Inland Waterways Trust
Fund (which is paid by private users), 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 over
5 years for project operation; and
(C) conduct development and testing of an
appointment scheduling system.
(2) New locks.--At a cost of $730,000,000 in funds from the
general fund of the Treasury, with an equal matching amount
provided from the Inland Waterways Trust Fund (which is paid by
the private users), the Secretary shall construct new 1,200-
foot locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock on the
Illinois Waterway.
(3) Mitigation.--At a cost of $100,000,000 in funds from
the general fund of the Treasury, with an equal matching amount
provided from the Inland Waterway Trust Fund (which is paid by
private users), the Secretary shall conduct mitigation for new
locks and small scale and nonstructural measures authorized
under paragraphs (1) and (2).
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall modify, consistent with
requirements to avoid any adverse effects on navigation, the
operation of the Upper Mississippi River and Illinois Waterway
System to address the cumulative environmental impacts of
operation of the system and improve the ecological integrity of
the Upper Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall carry out,
consistent with requirements to avoid any adverse
effects on navigation, ecosystem restoration projects
to attain and maintain the sustainability of the
ecosystem of the Upper Mississippi River and Illinois
River in accordance with the general framework outlined
in the Plan.
(B) Projects included.--Ecosystem restoration
projects may include--
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
(iv) water level management (including
water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration and
modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for
environmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway modification to benefit the
environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) Cost sharing.--
(i) In general.--Except as provided in
clause (ii), the Federal share of the cost of
carrying out an ecosystem restoration project
under this paragraph shall be 65 percent.
(ii) Exception for certain restoration
projects.--In the case of a project under this
paragraph for ecosystem restoration, the
Federal share of the cost of carrying out the
project shall be 100 percent if the project--
(I) is located below the ordinary
high water mark or in a connected
backwater;
(II) modifies the operation or
structures for navigation; or
(III) is located on federally owned
land.
(iii) Nongovernmental organizations.--
Nongovernmental organizations shall be eligible
to contribute the non-Federal cost-sharing
requirements applicable to projects under this
paragraph.
(D) Land acquisition.--The Secretary may acquire
land or an interest in land for an ecosystem
restoration project from a willing owner through
conveyance of--
(i) fee title to the land; or
(ii) a flood plain conservation easement.
(3) Specific projects authorization.--
(A) In general.--Subject to subparagraph (B), the
ecosystem restoration projects described in paragraph
(2) shall be carried out at a total construction cost
of $1,460,000,000.
(B) Limitation on available funds.--Of the amounts
made available under subparagraph (A), not more than
$35,000,000 for each fiscal year shall be available for
land acquisition under paragraph (2)(D).
(4) Implementation reports.--
(A) In general.--Not later than June 30, 2005, and
every 4 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an
implementation report that--
(i) includes baselines, benchmarks, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting the
goals.
(B) Advisory panel.--
(i) In general.--The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the development
of each implementation report under
subparagraph (A).
(ii) Panelists.--Panelists shall include--
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin;
(II) 1 representative of the
Department of Agriculture;
(III) 1 representative of the
Department of Transportation;
(IV) 1 representative of the United
States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the
Environmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of
conservation and environmental advocacy
groups; and
(IX) 2 representatives of
agriculture and industry advocacy
groups.
(iii) Co-chairpersons.--The Secretary and
the Secretary of the Interior shall serve as
co-chairpersons of the advisory panel.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out subsection (c) for
fiscal years 2006 through 2020.
(2) Special rules.--After fiscal year 2020--
(A) funds that have been made available under this
subsection, but have not been expended, may be
expended; and
(B) funds that have been authorized to be
appropriated by this subsection, but have not been made
available, may be made available.
[A]:
Directs the Secretary of the Army (at a specified cost of Treasury funds to be matched by the Inland Waterways Trust Fund, which is paid by private users) to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock, provide switch boats at Locks 20 through 25 over five years for project operation, and conduct development and testing of an appointment scheduling system; (2) construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway; and (3) conduct mitigation for new locks and small scale and nonstructural measures authorized under this Act.

Directs the Secretary to modify the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.

Directs the Secretary to carry out ecosystem restoration projects to attain and maintain the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the preferred integrated plan contained in the Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System, dated April 29, 2004. Lists projects that may be included, such as island building, floodplain restoration, and land acquisition.

Directs the Secretary to: (1) submit implementation reports to specified congressional committees; and (2) appoint and convene an advisory panel.