[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1495 Engrossed in House (EH)]
110th CONGRESS
1st Session
H. R. 1495
_______________________________________________________________________
AN ACT
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2007''.
(b) Table of Contents.--This table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Project authorizations.
Sec. 1002. Small projects for flood damage reduction.
Sec. 1003. Small projects for emergency streambank protection.
Sec. 1004. Small projects for navigation.
Sec. 1005. Small projects for improvement of the quality of the
environment.
Sec. 1006. Small projects for aquatic ecosystem restoration.
Sec. 1007. Small projects for shoreline protection.
Sec. 1008. Small projects for snagging and sediment removal.
TITLE II--GENERAL PROVISIONS
Sec. 2001. Non-Federal contributions.
Sec. 2002. Harbor cost sharing.
Sec. 2003. Funding to process permits.
Sec. 2004. National shoreline erosion control development and
demonstration program.
Sec. 2005. Small shore and beach restoration and protection projects.
Sec. 2006. Aquatic ecosystem restoration.
Sec. 2007. Small flood damage reduction projects.
Sec. 2008. Modification of projects for improvement of the quality of
the environment.
Sec. 2009. Written agreement for water resources projects.
Sec. 2010. Assistance for remediation, restoration, and reuse.
Sec. 2011. Compilation of laws.
Sec. 2012. Dredged material disposal.
Sec. 2013. Wetlands mitigation.
Sec. 2014. Mitigation for fish and wildlife losses.
Sec. 2015. Remote and subsistence harbors.
Sec. 2016. Beneficial uses of dredged material.
Sec. 2017. Cost-sharing provisions for certain areas.
Sec. 2018. Use of other Federal funds.
Sec. 2019. Revision of project partnership agreement.
Sec. 2020. Cost sharing.
Sec. 2021. Expedited actions for emergency flood damage reduction.
Sec. 2022. Watershed and river basin assessments.
Sec. 2023. Tribal partnership program.
Sec. 2024. Wildfire firefighting.
Sec. 2025. Technical assistance.
Sec. 2026. Lakes program.
Sec. 2027. Coordination and scheduling of Federal, State, and local
actions.
Sec. 2028. Project streamlining.
Sec. 2029. Cooperative agreements.
Sec. 2030. Training funds.
Sec. 2031. Access to water resource data.
Sec. 2032. Shore protection projects.
Sec. 2033. Ability to pay.
Sec. 2034. Leasing authority.
Sec. 2035. Cost estimates.
Sec. 2036. Principles and guidelines.
Sec. 2037. Independent peer review.
Sec. 2038. Studies and reports for water resources projects.
Sec. 2039. Offshore oil and gas fabrication port.
Sec. 2040. Use of firms employing local residents.
Sec. 2041. Support of Army Civil Works Program.
Sec. 2042. Federal hopper dredges.
Sec. 2043. Criteria for operation and maintenance of harbor dredging
projects.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. Cook Inlet, Alaska.
Sec. 3002. King Cove Harbor, Alaska.
Sec. 3003. Sitka, Alaska.
Sec. 3004. Tatitlek, Alaska.
Sec. 3005. Rio De Flag, Flagstaff, Arizona.
Sec. 3006. Osceola Harbor, Arkansas.
Sec. 3007. Pine Mountain Dam, Arkansas.
Sec. 3008. American and Sacramento Rivers, California.
Sec. 3009. Compton Creek, California.
Sec. 3010. Grayson Creek/Murderer's Creek, California.
Sec. 3011. Hamilton Airfield, California.
Sec. 3012. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 3013. Kaweah River, California.
Sec. 3014. Larkspur Ferry Channel, Larkspur, California.
Sec. 3015. Llagas Creek, California.
Sec. 3016. Magpie Creek, California.
Sec. 3017. Pacific Flyway Center, Sacramento, California.
Sec. 3018. Pinole Creek, California.
Sec. 3019. Prado Dam, California.
Sec. 3020. Sacramento and American Rivers Flood Control, California.
Sec. 3021. Sacramento Deep Water Ship Channel, California.
Sec. 3022. Santa Cruz Harbor, California.
Sec. 3023. Seven Oaks Dam, California.
Sec. 3024. Upper Guadalupe River, California.
Sec. 3025. Walnut Creek Channel, California.
Sec. 3026. Wildcat/San Pablo Creek Phase I, California.
Sec. 3027. Wildcat/San Pablo Creek Phase II, California.
Sec. 3028. Yuba River Basin project, California.
Sec. 3029. South Platte River Basin, Colorado.
Sec. 3030. Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland.
Sec. 3031. Brevard County, Florida.
Sec. 3032. Broward County and Hillsboro Inlet, Florida.
Sec. 3033. Canaveral Harbor, Florida.
Sec. 3034. Gasparilla and Estero Islands, Florida.
Sec. 3035. Jacksonville Harbor, Florida.
Sec. 3036. Lido Key Beach, Sarasota, Florida.
Sec. 3037. Miami Harbor, Florida.
Sec. 3038. Peanut Island, Florida.
Sec. 3039. Tampa Harbor-Big Bend Channel, Florida.
Sec. 3040. Tampa Harbor Cut B, Florida.
Sec. 3041. Allatoona Lake, Georgia.
Sec. 3042. Latham River, Glynn County, Georgia.
Sec. 3043. Dworshak Dam and Reservoir improvements, Idaho.
Sec. 3044. Beardstown Community Boat Harbor, Beardstown, Illinois.
Sec. 3045. Cache River Levee, Illinois.
Sec. 3046. Chicago River, Illinois.
Sec. 3047. Chicago Sanitary and Ship Canal dispersal barriers project,
Illinois.
Sec. 3048. Emiquon, Illinois.
Sec. 3049. Lasalle, Illinois.
Sec. 3050. Spunky Bottoms, Illinois.
Sec. 3051. Fort Wayne and vicinity, Indiana.
Sec. 3052. Koontz Lake, Indiana.
Sec. 3053. White River, Indiana.
Sec. 3054. Des Moines River and Greenbelt, Iowa.
Sec. 3055. Rathbun Lake, Iowa.
Sec. 3056. Prestonsburg, Kentucky.
Sec. 3057. Amite River and tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 3058. Atchafalaya Basin, Louisiana.
Sec. 3059. Atchafalaya Basin Floodway System, Louisiana.
Sec. 3060. Bayou Plaquemine, Louisiana.
Sec. 3061. J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana.
Sec. 3062. Melville, Louisiana.
Sec. 3063. Mississippi Delta Region, Louisiana.
Sec. 3064. New Orleans to Venice, Louisiana.
Sec. 3065. West bank of the Mississippi River (East of Harvey Canal),
Louisiana.
Sec. 3066. Camp Ellis, Saco, Maine.
Sec. 3067. Detroit River Shoreline, Detroit, Michigan.
Sec. 3068. St. Clair River and Lake St. Clair, Michigan.
Sec. 3069. St. Joseph Harbor, Michigan.
Sec. 3070. Sault Sainte Marie, Michigan.
Sec. 3071. Ada, Minnesota.
Sec. 3072. Duluth Harbor, McQuade Road, Minnesota.
Sec. 3073. Grand Marais, Minnesota.
Sec. 3074. Grand Portage Harbor, Minnesota.
Sec. 3075. Granite Falls, Minnesota.
Sec. 3076. Knife River Harbor, Minnesota.
Sec. 3077. Red Lake River, Minnesota.
Sec. 3078. Silver Bay, Minnesota.
Sec. 3079. Taconite Harbor, Minnesota.
Sec. 3080. Two Harbors, Minnesota.
Sec. 3081. Deer Island, Harrison County, Mississippi.
Sec. 3082. Pearl River Basin, Mississippi.
Sec. 3083. Festus and Crystal City, Missouri.
Sec. 3084. L-15 levee, Missouri.
Sec. 3085. Monarch-Chesterfield, Missouri.
Sec. 3086. River Des Peres, Missouri.
Sec. 3087. Antelope Creek, Lincoln, Nebraska.
Sec. 3088. Sand Creek Watershed, Wahoo, Nebraska.
Sec. 3089. Western Sarpy and Clear Creek, Nebraska.
Sec. 3090. Lower Cape May Meadows, Cape May Point, New Jersey.
Sec. 3091. Passaic River Basin flood management, New Jersey.
Sec. 3092. Buffalo Harbor, New York.
Sec. 3093. Orchard Beach, Bronx, New York.
Sec. 3094. Port of New York and New Jersey, New York and New Jersey.
Sec. 3095. New York State Canal System.
Sec. 3096. Lower Girard Lake Dam, Ohio.
Sec. 3097. Mahoning River, Ohio.
Sec. 3098. Delaware River, Pennsylvania, New Jersey, and Delaware.
Sec. 3099. Raystown Lake, Pennsylvania.
Sec. 3100. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 3101. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 3102. South Central Pennsylvania.
Sec. 3103. Wyoming Valley, Pennsylvania.
Sec. 3104. Cedar Bayou, Texas.
Sec. 3105. Freeport Harbor, Texas.
Sec. 3106. Lake Kemp, Texas.
Sec. 3107. Lower Rio Grande Basin, Texas.
Sec. 3108. North Padre Island, Corpus Christi Bay, Texas.
Sec. 3109. Pat Mayse Lake, Texas.
Sec. 3110. Proctor Lake, Texas.
Sec. 3111. San Antonio Channel, San Antonio, Texas.
Sec. 3112. Tangier Island Seawall, Virginia.
Sec. 3113. Duwamish/Green, Washington.
Sec. 3114. Yakima River, Port of Sunnyside, Washington.
Sec. 3115. Bluestone Lake, Ohio River Basin, West Virginia.
Sec. 3116. Greenbrier River Basin, West Virginia.
Sec. 3117. Lesage/Greenbottom Swamp, West Virginia.
Sec. 3118. Northern West Virginia.
Sec. 3119. Manitowoc Harbor, Wisconsin.
Sec. 3120. Mississippi River headwaters reservoirs.
Sec. 3121. Continuation of project authorizations.
Sec. 3122. Project reauthorizations.
Sec. 3123. Project deauthorizations.
Sec. 3124. Land conveyances.
Sec. 3125. Extinguishment of reversionary interests and use
restrictions.
TITLE IV--STUDIES
Sec. 4001. John Glenn Great Lakes Basin Program.
Sec. 4002. Lake Erie dredged material disposal sites.
Sec. 4003. Southwestern United States drought study.
Sec. 4004. Delaware River.
Sec. 4005. Knik Arm, Cook Inlet, Alaska.
Sec. 4006. Kuskokwim River, Alaska.
Sec. 4007. St. George Harbor, Alaska.
Sec. 4008. Susitna River, Alaska.
Sec. 4009. Gila Bend, Maricopa, Arizona.
Sec. 4010. Searcy County, Arkansas.
Sec. 4011. Aliso Creek, California.
Sec. 4012. Elkhorn Slough Estuary, California.
Sec. 4013. Fresno, Kings, and Kern Counties, California.
Sec. 4014. Los Angeles River revitalization study, California.
Sec. 4015. Lytle Creek, Rialto, California.
Sec. 4016. Mokelumne River, San Joaquin County, California.
Sec. 4017. Napa River, St. Helena, California.
Sec. 4018. Orick, California.
Sec. 4019. Rialto, Fontana, and Colton, California.
Sec. 4020. Sacramento River, California.
Sec. 4021. San Diego County, California.
Sec. 4022. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 4023. South San Francisco Bay shoreline study, California.
Sec. 4024. Twentynine Palms, California.
Sec. 4025. Yucca Valley, California.
Sec. 4026. Roaring Fork River, Basalt, Colorado.
Sec. 4027. Delaware and Christina Rivers and Shellpot Creek,
Wilmington, Delaware.
Sec. 4028. Collier County Beaches, Florida.
Sec. 4029. Lower St. Johns River, Florida.
Sec. 4030. Vanderbilt Beach Lagoon, Florida.
Sec. 4031. Meriwether County, Georgia.
Sec. 4032. Tybee Island, Georgia.
Sec. 4033. Boise River, Idaho.
Sec. 4034. Ballard's Island Side Channel, Illinois.
Sec. 4035. Salem, Indiana.
Sec. 4036. Buckhorn Lake, Kentucky.
Sec. 4037. Dewey Lake, Kentucky.
Sec. 4038. Louisville, Kentucky.
Sec. 4039. Clinton River, Michigan.
Sec. 4040. Hamburg and Green Oak Townships, Michigan.
Sec. 4041. Duluth-Superior Harbor, Minnesota and Wisconsin.
Sec. 4042. Northeast Mississippi.
Sec. 4043. St. Louis, Missouri.
Sec. 4044. Dredged material disposal, New Jersey.
Sec. 4045. Bayonne, New Jersey.
Sec. 4046. Carteret, New Jersey.
Sec. 4047. Gloucester County, New Jersey.
Sec. 4048. Perth Amboy, New Jersey.
Sec. 4049. Batavia, New York.
Sec. 4050. Big Sister Creek, Evans, New York.
Sec. 4051. Finger Lakes, New York.
Sec. 4052. Lake Erie Shoreline, Buffalo, New York.
Sec. 4053. Newtown Creek, New York.
Sec. 4054. Niagara River, New York.
Sec. 4055. Shore Parkway Greenway, Brooklyn, New York.
Sec. 4056. Upper Delaware River Watershed, New York.
Sec. 4057. Lincoln County, North Carolina.
Sec. 4058. Wilkes County, North Carolina.
Sec. 4059. Yadkinville, North Carolina.
Sec. 4060. Lake Erie, Ohio.
Sec. 4061. Ohio River, Ohio.
Sec. 4062. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 4063. Walla Walla River Basin, Oregon.
Sec. 4064. Chartiers Creek Watershed, Pennsylvania.
Sec. 4065. Kinzua Dam and Allegheny Reservoir, Pennsylvania.
Sec. 4066. Western Pennsylvania flood damage reduction, Pennsylvania.
Sec. 4067. Williamsport, Pennsylvania.
Sec. 4068. Yardley Borough, Pennsylvania.
Sec. 4069. Rio Valenciano, Juncos, Puerto Rico.
Sec. 4070. Crooked Creek, Bennettsville, South Carolina.
Sec. 4071. Broad River, York County, South Carolina.
Sec. 4072. Chattanooga, Tennessee.
Sec. 4073. Cleveland, Tennessee.
Sec. 4074. Cumberland River, Nashville, Tennessee.
Sec. 4075. Lewis, Lawrence, and Wayne Counties, Tennessee.
Sec. 4076. Wolf River and Nonconnah Creek, Memphis Tennessee.
Sec. 4077. Abilene, Texas.
Sec. 4078. Coastal Texas ecosystem protection and restoration, Texas.
Sec. 4079. Port of Galveston, Texas.
Sec. 4080. Grand County and Moab, Utah.
Sec. 4081. Southwestern Utah.
Sec. 4082. Chowan River Basin, Virginia and North Carolina.
Sec. 4083. Elliott Bay Seawall, Seattle, Washington.
Sec. 4084. Monongahela River Basin, northern West Virginia.
Sec. 4085. Kenosha Harbor, Wisconsin.
Sec. 4086. Wauwatosa, Wisconsin.
Sec. 4087. Johnsonville Dam, Johnsonville, Wisconsin.
TITLE V--MISCELLANEOUS
Sec. 5001. Maintenance of navigation channels.
Sec. 5002. Watershed management.
Sec. 5003. Dam safety.
Sec. 5004. Structural integrity evaluations.
Sec. 5005. Flood mitigation priority areas.
Sec. 5006. Additional assistance for authorized projects.
Sec. 5007. Expedited completion of reports and construction for certain
projects.
Sec. 5008. Expedited completion of reports for certain projects.
Sec. 5009. Southeastern water resources assessment.
Sec. 5010. Upper Mississippi River environmental management program.
Sec. 5011. Missouri and Middle Mississippi River enhancement project.
Sec. 5012. Great Lakes fishery and ecosystem restoration.
Sec. 5013. Great Lakes remedial action plans and sediment remediation.
Sec. 5014. Great Lakes tributary models.
Sec. 5015. Great Lakes navigation.
Sec. 5016. Great lakes pilot project.
Sec. 5017. Saint Lawrence Seaway.
Sec. 5018. Upper Mississippi River dispersal barrier project.
Sec. 5019. Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia.
Sec. 5020. Chesapeake Bay environmental restoration and protection
program.
Sec. 5021. Hypoxia assessment.
Sec. 5022. Potomac River watershed assessment and tributary strategy
evaluation and monitoring program.
Sec. 5023. Lock and dam security.
Sec. 5024. Rehabilitation.
Sec. 5025. Research and development program for Columbia and Snake
River salmon survival.
Sec. 5026. Auburn, Alabama.
Sec. 5027. Pinhook Creek, Huntsville, Alabama.
Sec. 5028. Alaska.
Sec. 5029. Barrow, Alaska.
Sec. 5030. Coffman Cove, Alaska.
Sec. 5031. Fire Island, Alaska.
Sec. 5032. Fort Yukon, Alaska.
Sec. 5033. Kotzebue Harbor, Alaska.
Sec. 5034. Lowell Creek Tunnel, Seward, Alaska.
Sec. 5035. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 5036. Tanana River, Alaska.
Sec. 5037. Valdez, Alaska.
Sec. 5038. Whittier, Alaska.
Sec. 5039. Wrangell Harbor, Alaska.
Sec. 5040. Augusta and Clarendon, Arkansas.
Sec. 5041. Des Arc levee protection, Arkansas.
Sec. 5042. Loomis Landing, Arkansas.
Sec. 5043. St. Francis River Basin, Arkansas and Missouri.
Sec. 5044. Cambria, California.
Sec. 5045. Contra Costa Canal, Oakley and Knightsen, California;
Mallard Slough, Pittsburg, California.
Sec. 5046. Dana Point Harbor, California.
Sec. 5047. East San Joaquin County, California.
Sec. 5048. Eastern Santa Clara basin, California.
Sec. 5049. Lancaster, California.
Sec. 5050. Los Osos, California.
Sec. 5051. Pine Flat Dam and Reservoir, California.
Sec. 5052. Raymond Basin, Six Basins, Chino Basin, and San Gabriel
Basin, California.
Sec. 5053. San Francisco, California.
Sec. 5054. San Francisco, California, waterfront area.
Sec. 5055. San Pablo Bay, California, watershed and Suisun Marsh
ecosystem restoration.
Sec. 5056. Stockton, California.
Sec. 5057. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 5058. Florida Keys water quality improvements.
Sec. 5059. Lake Worth, Florida.
Sec. 5060. East Central and Northeast Florida.
Sec. 5061. Lake Lanier, Georgia.
Sec. 5062. Riley Creek Recreation Area, Idaho.
Sec. 5063. Reconstruction of Illinois flood protection projects.
Sec. 5064. Illinois River Basin restoration.
Sec. 5065. Kaskaskia River Basin, Illinois, restoration.
Sec. 5066. Floodplain mapping, Little Calumet River, Chicago, Illinois.
Sec. 5067. Promontory Point, Lake Michigan, Illinois.
Sec. 5068. Southwest Illinois.
Sec. 5069. Burns Waterway Harbor, Indiana.
Sec. 5070. Calumet region, Indiana.
Sec. 5071. Floodplain mapping, Missouri River, Iowa.
Sec. 5072. Paducah, Kentucky.
Sec. 5073. Southern and eastern Kentucky.
Sec. 5074. Winchester, Kentucky.
Sec. 5075. Baton Rouge, Louisiana.
Sec. 5076. Calcasieu Ship Channel, Louisiana.
Sec. 5077. East Atchafalaya Basin and Amite River Basin Region,
Louisiana.
Sec. 5078. West Baton Rouge Parish, Louisiana.
Sec. 5079. Charlestown, Maryland.
Sec. 5080. Anacostia River, District of Columbia and Maryland.
Sec. 5081. Delmarva Conservation Corridor, Delaware and Maryland.
Sec. 5082. Massachusetts dredged material disposal sites.
Sec. 5083. Ontonagon Harbor, Michigan.
Sec. 5084. Crookston, Minnesota.
Sec. 5085. Garrison and Kathio Township, Minnesota.
Sec. 5086. Itasca County, Minnesota.
Sec. 5087. Minneapolis, Minnesota.
Sec. 5088. Northeastern Minnesota.
Sec. 5089. Wild Rice River, Minnesota.
Sec. 5090. Harrison, Hancock, and Jackson Counties, Mississippi.
Sec. 5091. Mississippi River, Missouri and Illinois.
Sec. 5092. St. Louis, Missouri.
Sec. 5093. Hackensack Meadowlands area, New Jersey.
Sec. 5094. Atlantic Coast of New York.
Sec. 5095. College Point, New York City, New York.
Sec. 5096. Flushing Bay and Creek, New York City, New York.
Sec. 5097. Hudson River, New York.
Sec. 5098. Mount Morris Dam, New York.
Sec. 5099. John H. Kerr Dam and Reservoir, North Carolina.
Sec. 5100. Stanly County, North Carolina.
Sec. 5101. Cincinnati, Ohio.
Sec. 5102. Toussaint River, Ohio.
Sec. 5103. Eugene, Oregon.
Sec. 5104. Fern Ridge Dam, Oregon.
Sec. 5105. Allegheny County, Pennsylvania.
Sec. 5106. Clinton county, Pennsylvania.
Sec. 5107. Kehly Run Dams, Pennsylvania.
Sec. 5108. Lehigh River, Lehigh County, Pennsylvania.
Sec. 5109. Northeast Pennsylvania.
Sec. 5110. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 5111. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 5112. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
terrestrial wildlife habitat restoration,
South Dakota.
Sec. 5113. East Tennessee.
Sec. 5114. Fritz Landing, Tennessee.
Sec. 5115. J. Percy Priest Dam and Reservoir, Tennessee.
Sec. 5116. Town Creek, Lenoir City, Tennessee.
Sec. 5117. Tennessee River partnership.
Sec. 5118. Upper Mississippi embayment, Tennessee, Arkansas, and
Mississippi.
Sec. 5119. Bosque River Watershed, Texas.
Sec. 5120. Dallas County region, Texas.
Sec. 5121. Dallas Floodway, Dallas Texas.
Sec. 5122. Harris County, Texas.
Sec. 5123. Johnson Creek, Arlington, Texas.
Sec. 5124. Onion Creek, Texas.
Sec. 5125. Eastern Shore and southwest Virginia.
Sec. 5126. Dyke Marsh, Fairfax County, Virginia.
Sec. 5127. Baker Bay and Ilwaco Harbor, Washington.
Sec. 5128. Hamilton Island campground, Washington.
Sec. 5129. Puget Island, Washington.
Sec. 5130. Willapa Bay, Washington.
Sec. 5131. West Virginia and Pennsylvania flood control.
Sec. 5132. Central West Virginia.
Sec. 5133. Southern West Virginia.
Sec. 5134. Construction of flood control projects by non-Federal
interests.
Sec. 5135. Wage surveys.
Sec. 5136. Additional assistance for critical projects.
TITLE VI--FLORIDA EVERGLADES
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida.
Sec. 6002. Pilot projects.
Sec. 6003. Initial projects.
Sec. 6004. Maximum costs.
Sec. 6005. Project authorization.
Sec. 6006. Credit.
Sec. 6007. Outreach and assistance.
Sec. 6008. Critical restoration projects.
Sec. 6009. Modified water deliveries.
Sec. 6010. Deauthorizations.
Sec. 6011. Regional engineering model for environmental restoration.
TITLE VII--LOUISIANA COASTAL AREA
Sec. 7001. Definitions.
Sec. 7002. Comprehensive plan.
Sec. 7003. Louisiana coastal area.
Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task
Force.
Sec. 7005. Project modifications.
Sec. 7006. Construction.
Sec. 7007. Non-Federal cost share.
Sec. 7008. Project justification.
Sec. 7009. Independent review.
Sec. 7010. Expedited reports.
Sec. 7011. Reporting.
Sec. 7012. New Orleans and vicinity.
Sec. 7013. Mississippi River Gulf Outlet.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
Sec. 8001. Definitions.
Sec. 8002. Navigation improvements and restoration.
Sec. 8003. Authorization of construction of navigation improvements.
Sec. 8004. Ecosystem restoration authorization.
Sec. 8005. Comparable progress.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.
Except as otherwise provided in this section, the following
projects for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports designated in this
section:
(1) Haines, alaska.--The project for navigation, Haines,
Alaska: Report of the Chief of Engineers dated December 20,
2004, at a total cost of $14,040,000, with an estimated Federal
cost of $11,232,000 and an estimated non-Federal cost of
$2,808,000.
(2) Port lions, alaska.--The project for navigation, Port
Lions, Alaska: Report of the Chief of Engineers dated June 14,
2006, at a total cost of $9,530,000, with an estimated Federal
cost of $7,624,000 and an estimated non-Federal cost of
$1,906,000.
(3) Rio salado oeste, arizona.--The project for
environmental restoration, Rio Salado Oeste, Arizona: Report of
the Chief of Engineers dated December 19, 2006, at a total cost
of $166,650,000, with an estimated Federal cost of $106,629,000
and an estimated non-Federal cost of $60,021,000.
(4) Santa cruz river, paseo de las iglesias, arizona.--The
project for environmental restoration, Santa Cruz River, Pima
County, Arizona: Report of the Chief of Engineers dated March
28, 2006, at a total cost of $97,700,000, with an estimated
Federal cost of $63,300,000 and an estimated non-Federal cost
of $34,400,000.
(5) Tanque verde creek, pima county, arizona.--The project
for environmental restoration, Tanque Verde Creek, Pima County,
Arizona: Report of the Chief of Engineers dated July 22, 2003,
at a total cost of $5,906,000, with an estimated Federal cost
of $3,836,000 and an estimated non-Federal cost of $2,070,000.
(6) Salt river (va shlyay' akimel), maricopa county,
arizona.--The project for environmental restoration, Salt River
(Va Shlyay' Akimel), Arizona: Report of the Chief of Engineers
dated January 3, 2005, at a total cost of $162,100,000, with an
estimated Federal cost of $105,200,000 and an estimated non-
Federal cost of $56,900,000.
(7) May branch, fort smith, arkansas.--The project for
flood damage reduction, May Branch, Fort Smith, Arkansas,
Report of the Chief of Engineers dated December 19, 2006, at a
total cost of $30,850,000, with an estimated Federal cost of
$15,010,000 and an estimated non-Federal cost of $15,840,000.
(8) Hamilton city, california.--The project for flood
damage reduction and environmental restoration, Hamilton City,
California: Report of the Chief of Engineers dated December 22,
2004, at a total cost of $52,400,000, with an estimated Federal
cost of $34,100,000 and estimated non-Federal cost of
$18,300,000.
(9) Imperial beach, california.--The project for storm
damage reduction, Imperial Beach, California: Report of the
Chief of Engineers dated December 30, 2003, at a total cost of
$13,700,000, with an estimated Federal cost of $8,521,000 and
an estimated non-Federal cost of $5,179,000, and at an
estimated total cost of $42,500,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $21,250,000 and an estimated non-
Federal cost of $21,250,000.
(10) Matilija dam, ventura county, california.--The project
for environmental restoration, Matilija Dam, Ventura County,
California: Report of the Chief of Engineers dated December 20,
2004, at a total cost of $144,500,000, with an estimated
Federal cost of $89,700,000 and an estimated non-Federal cost
of $54,800,000.
(11) Middle creek, lake county, california.--The project
for flood damage reduction and environmental restoration,
Middle Creek, Lake County, California: Report of the Chief of
Engineers dated November 29, 2004, at a total cost of
$45,200,000, with an estimated Federal cost of $29,500,000 and
an estimated non-Federal cost of $15,700,000.
(12) Napa river salt marsh restoration, california.--
(A) In general.--The project for environmental
restoration, Napa River Salt Marsh Restoration, Napa,
California: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $134,500,000,
with an estimated Federal cost of $87,500,000 and an
estimated non-Federal cost of $47,000,000.
(B) Administration.--In carrying out the project
authorized by this paragraph, the Secretary shall--
(i) construct a recycled water pipeline
extending from the Sonoma Valley County
Sanitation District Waste Water Treatment Plant
and the Napa Sanitation District Waste Water
Treatment Plant to the project; and
(ii) restore or enhance Salt Ponds 1, 1A,
2, and 3.
(13) Denver county reach, south platte river, denver,
colorado.--The project for environmental restoration, Denver
County Reach, South Platte River, Denver, Colorado: Report of
the Chief of Engineers dated May 16, 2003, at a total cost of
$21,050,000, with an estimated Federal cost of $13,680,000 and
an estimated non-Federal cost of $7,370,000.
(14) Miami harbor, miami-dade county, florida.--
(A) In general.--The project for navigation, Miami
Harbor, Miami-Dade County, Florida: Report of the Chief
of Engineers dated April 25, 2005, at a total cost of
$125,270,000, with an estimated Federal cost of
$75,140,000 and an estimated non-Federal cost of
$50,130,000.
(B) General reevaluation report.--The non-Federal
share of the cost of the general reevaluation report
that resulted in the report of the Chief of Engineers
referred to in subparagraph (A) shall be the same
percentage as the non-Federal share of cost of
construction of the project.
(C) Agreement.--The Secretary shall enter into a
new partnership with the non-Federal interest to
reflect the cost sharing required by subparagraph (B).
(15) East st. louis and vicinity, illinois.--The project
for environmental restoration and recreation, East St. Louis
and Vicinity, Illinois: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $208,260,000, with an
estimated Federal cost of $134,910,000 and an estimated non-
Federal cost of $73,350,000.
(16) Peoria riverfront development, illinois.--The project
for environmental restoration, Peoria Riverfront Development,
Illinois: Report of the Chief of Engineers dated July 28, 2003,
at a total cost of $18,220,000, with an estimated Federal cost
of $11,840,000 and an estimated non-Federal cost of $6,380,000.
(17) Wood river levee system reconstruction, madison
county, illinois.--The project for flood damage reduction, Wood
River Levee System Reconstruction, Madison County, Illinois:
Report of the Chief of Engineers dated July 18, 2006, at a
total cost of $17,220,000, with an estimated Federal cost of
$11,193,000 and an estimated non-Federal cost of $6,027,000.
(18) Des moines and raccoon rivers, des moines, iowa.--The
project for flood damage reduction, Des Moines and Raccoon
Rivers, Des Moines, Iowa: Report of the Chief of Engineers
dated March 28, 2006, at a total cost of $10,780,000, with an
estimated Federal cost of $6,967,000 and an estimated non-
Federal cost of $3,813,000.
(19) Licking river basin, cynthiana, kentucky.--The project
for flood damage reduction, Licking River Basin, Cynthiana,
Kentucky: Report of the Chief of Engineers dated October 24,
2006, at a total cost of $18,200,000, with an estimated Federal
cost of $11,830,000 and an estimated non-Federal cost of
$6,370,000.
(20) Bayou sorrel lock, louisiana.--The project for
navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief
of Engineers dated January 3, 2005, at a total cost of
$9,680,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(21) Morganza to the gulf of mexico, louisiana.--
(A) In general.--The project for hurricane and
storm damage reduction, Morganza to the Gulf of Mexico,
Louisiana: Reports of the Chief of Engineers dated
August 23, 2002, and July 22, 2003, at a total cost of
$886,700,000, with an estimated Federal cost of
$576,355,000 and an estimated non-Federal cost of
$310,345,000.
(B) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project the cost
of design and construction work carried out 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.
(C) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
the Houma Navigation Canal lock complex and the Gulf
Intracoastal Waterway floodgate features that provide
for inland waterway transportation shall be a Federal
responsibility in accordance with section 102 of the
Water Resources Development Act of 1986 (33 U.S.C.
2212).
(22) Port of iberia, louisiana.--The project for
navigation, Port of Iberia, Louisiana, Report of the Chief of
Engineers dated December 31, 2006, at a total cost of
$131,250,000, with an estimated Federal cost of $105,315,000
and an estimated non-Federal cost of $25,935,000.
(23) Smith island, somerset county, maryland.--The project
for environmental restoration, Smith Island, Somerset County,
Maryland: Report of the Chief of Engineers dated October 29,
2001, at a total cost of $15,580,000, with an estimated Federal
cost of $10,127,000 and an estimated non-Federal cost of
$5,453,000.
(24) Roseau river, roseau, minnesota.--The project for
flood damage reduction, Roseau River, Roseau, Minnesota, Report
of the Chief of Engineers dated December 19, 2006, at a total
cost of $25,100,000, with an estimated Federal cost of
$13,820,000 and an estimated non-Federal cost of $11,280,000.
(25) Mississippi coastal, mississippi.--The project for
hurricane and storm damage reduction and environmental
restoration, Mississippi Coastal, Mississippi, Report of the
Chief of Engineers dated December 31, 2006, at a total cost of
$107,690,000, with an estimated Federal cost of $70,000,000 and
an estimated non-Federal cost of $37,690,000.
(26) Kansas citys levees, missouri and kansas.--The project
for flood damage reduction, Kansas Citys levees, Missouri and
Kansas, Report of the Chief of Engineers dated December 19,
2006, at a total cost of $65,430,000, with an estimated Federal
cost of $42,530,000 and an estimated non-Federal cost of
$22,900,000.
(27) Swope park industrial area, blue river, kansas city,
missouri.--The project for flood damage reduction, Swope Park
Industrial Area, Blue River, Kansas City, Missouri: Report of
the Chief of Engineers dated December 30, 2003, at a total cost
of $16,980,000, with an estimated Federal cost of $11,037,000
and an estimated non-Federal cost of $5,943,000.
(28) Great egg harbor inlet to townsends inlet, new
jersey.--The project for hurricane and storm damage reduction,
Great Egg Harbor Inlet to Townsends Inlet, New Jersey: Report
of the Chief of Engineers dated October 24, 2006, at a total
cost of $54,360,000, with an estimated Federal cost of
$35,069,000 and an estimated non-Federal cost of $19,291,000,
and at an estimated total cost of $202,500,000 for periodic
nourishment over the 50-year life of the project, with an
estimated Federal cost of $101,250,000 and an estimated non-
Federal cost of $101,250,000.
(29) Hudson raritan estuary, liberty state park, new
jersey.--
(A) In general.--The project for environmental
restoration, Hudson Raritan Estuary, Liberty State
Park, New Jersey: Report of the Chief of Engineers
dated August 25, 2006, at a total cost of $34,100,000,
with an estimated Federal cost of $22,200,000 and an
estimated non-Federal cost of $11,900,000.
(B) Restoration teams.--In carrying out the
project, the Secretary shall establish and utilize
watershed restoration teams composed of estuary
restoration experts from the Corps of Engineers, the
New Jersey department of environmental protection, and
the Port Authority of New York and New Jersey and other
experts designated by the Secretary for the purpose of
developing habitat restoration and water quality
enhancement.
(30) Manasquan inlet to barnegat inlet, new jersey.--The
project for hurricane and storm damage reduction, Manasquan
Inlet to Barnegat Inlet, New Jersey: Report of the Chief of
Engineers dated December 30, 2003, at a total cost of
$71,900,000, with an estimated Federal cost of $46,735,000 and
an estimated non-Federal cost of $25,165,000, and at an
estimated total cost of $119,680,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $59,840,000 and an estimated non-
Federal cost of $59,840,000.
(31) Raritan bay and sandy hook bay, union beach, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Union Beach, New Jersey: Report
of the Chief of Engineers dated January 4, 2006, at a total
cost of $115,000,000, with an estimated Federal cost of
$74,800,000 and an estimated non-Federal cost of $40,200,000,
and at an estimated total cost of $6,500,000 for periodic
nourishment over the 50-year life of the project, with an
estimated Federal cost of $3,250,000 and an estimated non-
Federal cost of $3,250,000.
(32) South river, raritan river basin, new jersey.--The
project for hurricane and storm damage reduction and
environmental restoration, South River, Raritan River Basin,
New Jersey: Report of the Chief of Engineers dated July 22,
2003, at a total cost of $122,300,000, with an estimated
Federal cost of $79,500,000 and an estimated non-Federal cost
of $42,800,000.
(33) Southwest valley, bernalillo county, new mexico.--The
project for flood damage reduction, Southwest Valley,
Bernalillo County, New Mexico: Report of the Chief of Engineers
dated November 29, 2004, at a total cost of $24,840,000, with
an estimated Federal cost of $16,150,000 and an estimated non-
Federal cost of $8,690,000.
(34) Montauk point, new york.--The project for hurricane
and storm damage reduction, Montauk Point, New York: Report of
the Chief of Engineers dated March 31, 2006, at a total cost of
$14,600,000, with an estimated Federal cost of $7,300,000 and
an estimated non-Federal cost of $7,300,000.
(35) Hocking river, monday creek sub-basin, ohio.--The
project for environmental restoration, Hocking River, Monday
Creek Sub-basin, Ohio: Report of the Chief of Engineers dated
August 24, 2006, at a total cost of $20,980,000, with an
estimated Federal cost of $13,440,000 and an estimated non-
Federal cost of $7,540,000.
(36) Town of bloomsburg, columbia county, pennsylvania.--
The project for flood damage reduction, town of Bloomsburg,
Columbia County, Pennsylvania: Report of the Chief of Engineers
dated January 25, 2006, at a total cost of $44,500,000, with an
estimated Federal cost of $28,925,000 and an estimated non-
Federal cost of $15,575,000.
(37) Pawley's island, south carolina.--The project for
hurricane and storm damage reduction, Pawley's Island, South
Carolina, Report of the Chief of Engineers dated December 19,
2006, at a total cost of $8,980,000, with an estimated Federal
cost of $5,840,000 and an estimated non-Federal cost of
$3,140,000, and at an estimated total cost of $21,200,000 for
periodic nourishment over the 50-year life of the project, with
an estimated Federal cost of $10,600,000 and an estimated non-
Federal cost of $10,600,000.
(38) Corpus christi ship channel, corpus christi, texas.--
The project for navigation and ecosystem restoration, Corpus
Christi Ship Channel, Texas: Report of the Chief of Engineers
dated June 2, 2003, at a total cost of $188,110,000, with an
estimated Federal cost of $87,810,000 and an estimated non-
Federal cost of $100,300,000.
(39) Gulf intracoastal waterway, matagorda bay re-route,
texas.--The project for navigation, Gulf Intracoastal Waterway,
Matagorda Bay Re-Route, Texas: Report of the Chief of Engineers
dated December 24, 2002, at a total cost of $17,280,000. The
costs of construction of the project are to be paid \1/2\ from
amounts appropriated from the general fund of the Treasury and
\1/2\ from amounts appropriated from the Inland Waterways Trust
Fund.
(40) Gulf intracoastal waterway, high island to brazos
river, texas.--The project for navigation, Gulf Intracoastal
Waterway, High Island to Brazos River, Texas: Report of the
Chief of Engineers dated April 16, 2004, at a total cost of
$14,450,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(41) Lower colorado river basin phase i, texas.--The
project for flood damage reduction and environmental
restoration, Lower Colorado River Basin Phase I, Texas, Report
of the Chief of Engineers dated December 31, 2006, at a total
cost of $110,730,000, with an estimated Federal cost of
$69,640,000 and an estimated non-Federal cost of $41,090,000.
(42) Riverside oxbow, texas.--The project for environmental
restoration, Riverside Oxbow, Texas: Report of the Chief of
Engineers, dated May 29, 2003, at a total cost of $27,110,000,
with an estimated Federal cost of $11,210,000 and an estimated
non-Federal cost of $15,900,000.
(43) Atlantic intracoastal waterway bridge replacement,
deep creek, chesapeake, virginia.--The project for Atlantic
Intracoastal Waterway Bridge Replacement, Deep Creek,
Chesapeake, Virginia: Report of the Chief of Engineers dated
March 3, 2003, at a total cost of $37,200,000.
(44) Craney island eastward expansion, norfolk harbor and
channels, virginia.--The project for navigation, Craney Island
Eastward Expansion, Norfolk Harbor and Channels, Virginia:
Report of Chief of Engineers dated October 24, 2006, at a total
cost of $712,103,000, with an estimated Federal cost of
$31,229,000 and an estimated non-Federal cost of $680,874,000.
SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study for each of
the following projects and, if the Secretary determines that a project
is feasible, may carry out the project under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s):
(1) Haleyville, alabama.--Project for flood damage
reduction, Haleyville, Alabama.
(2) Weiss lake, alabama.--Project for flood damage
reduction, Weiss Lake, Alabama.
(3) Little colorado river levee, arizona.--Project for
flood damage reduction, Little Colorado River Levee, Arizona.
(4) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River Basin, Grubbs, Arkansas.
(5) Barrel springs wash, palmdale, california.--Project for
flood damage reduction, Barrel Springs Wash, Palmdale,
California.
(6) Borrego springs, california.--Project for flood damage
reduction, Borrego Springs, California.
(7) Colton, california.--Project for flood damage
reduction, Colton, California.
(8) Dunlap stream, yucaipa, california.--Project for flood
damage reduction, Dunlap Stream, Yucaipa, California.
(9) Hunts canyon wash, palmdale, california.--Project for
flood damage reduction, Hunts Canyon Wash, Palmdale,
California.
(10) Ontario and chino, california.--Project for flood
damage reduction, Ontario and Chino, California.
(11) Santa venetia, california.--Project for flood damage
reduction, Santa Venetia, California.
(12) Whittier, california.--Project for flood damage
reduction, Whittier, California.
(13) Wildwood creek, yucaipa, california.--Project for
flood damage reduction, Wildwood Creek, Yucaipa, California.
(14) St. francisville, lousiana.--Project for flood damage
reduction, St. Francisville, Louisiana.
(15) Salem, massachusetts.--Project for flood damage
reduction, Salem, Massachusetts.
(16) Cass river, michigan.--Project for flood damage
reduction, Cass River, Vassar and vicinity, Michigan.
(17) Crow river, rockford, minnesota.--Project for flood
damage reduction, Crow River, Rockford, Minnesota.
(18) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(19) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch of
the Wild Rice River, Borup, Minnesota.
(20) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(21) Acid brook, pompton lakes, new jersey.--Project for
flood damage reduction, Acid Brook, Pompton Lakes, New Jersey.
(22) Cannisteo river, addison, new york.--Project for flood
damage reduction, Cannisteo River, Addison, New York.
(23) Cohocton river, campbell, new york.--Project for flood
damage reduction, Cohocton River, Campbell, New York.
(24) Dry and otter creeks, cortland, new york.--Project for
flood damage reduction, Dry and Otter Creeks, Cortland, New
York.
(25) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(26) East valley creek, andover, new york.--Project for
flood damage reduction, East Valley Creek, Andover, New York.
(27) Sunnyside brook, westchester county, new york.--
Project for flood damage reduction, Sunnyside Brook,
Westchester County, New York.
(28) Little yankee run, ohio.--Project for flood damage
reduction, Little Yankee Run, Ohio.
(29) Little neshaminy creek, warrenton, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrenton, Pennsylvania.
(30) Southampton creek watershed, southampton,
pennsylvania.--Project for flood damage reduction, Southampton
Creek watershed, Southampton, Pennsylvania.
(31) Spring creek, lower macungie township, pennsylvania.--
Project for flood damage reduction, Spring Creek, Lower
Macungie Township, Pennsylvania.
(32) Yardley aqueduct, silver and brock creeks, yardley,
pennsylvania.--Project for flood damage reduction, Yardley
Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.
(33) Surfside beach, south carolina.--Project for flood
damage reduction, Surfside Beach and vicinity, South Carolina.
(34) Congelosi ditch, missouri city, texas.--Project for
flood damage reduction, Congelosi Ditch, Missouri City, Texas.
(35) Dilley, texas.--Project for flood damage reduction,
Dilley, Texas.
(b) Special Rules.--
(1) Cache river basin, grubbs, arkansas.--The Secretary may
proceed with the project for the Cache River Basin, Grubbs,
Arkansas, referred to in subsection (a), notwithstanding that
the project is located within the boundaries of the flood
control project, Cache River Basin, Arkansas and Missouri,
authorized by section 204 of the Flood Control Act of 1950, (64
Stat. 172) and modified by section 99 of the Water Resources
Development Act of 1974 (88 Stat. 41).
(2) Ontario and chino, california.--The Secretary shall
carry out the project for flood damage reduction, Ontario and
Chino, California, referred to in subsection (a) if the
Secretary determines that the project is feasible.
(3) Santa venetia, california.--The Secretary shall carry
out the project for flood damage reduction, Santa Venetia,
California, referred to in subsection (a) if the Secretary
determines that the project is feasible and shall allow the
non-Federal interest to participate in the financing of the
project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184) to the
extent that the Secretary's evaluation indicates that applying
such section is necessary to implement the project.
(4) Whittier, california.--The Secretary shall carry out
the project for flood damage reduction, Whittier, California,
referred to in subsection (a) if the Secretary determines that
the project is feasible.
(5) Wildwood creek, yucaipa, california.--The Secretary
shall review the locally prepared plan for the project for
flood damage, Wildwood Creek, California, referred to in
subsection (a) and, if the Secretary determines that the plan
meets the evaluation and design standards of the Corps of
Engineers and that the plan is feasible, the Secretary may use
the plan to carry out the project and shall provide credit
toward the non-Federal share of the cost of the project for the
cost of work carried out 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.
(6) South branch of the wild rice river, borup,
minnesota.--In carrying out the project for flood damage
reduction, South Branch of the Wild Rice River, Borup,
Minnesota, referred to in subsection (a) the Secretary may
consider national ecosystem restoration benefits in determining
the Federal interest in the project and shall allow the non-
Federal interest to participate in the financing of the project
in accordance with section 903(c) of the Water Resources
Development Act of 1986 (100 Stat. 4184) to the extent that the
Secretary's evaluation indicates that applying such section is
necessary to implement the project.
(7) Acid brook, pompton lakes, new jersey.--The Secretary
shall carry out the project for flood damage reduction, Acid
Brook, Pompton Lakes, New Jersey, referred to in subsection (a)
if the Secretary determines that the project is feasible.
(8) Dilley, texas.--The Secretary shall carry out the
project for flood damage reduction, Dilley, Texas, referred to
in subsection (a) if the Secretary determines that the project
is feasible.
SEC. 1003. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) Aliso creek, california.--Projects for emergency
streambank protection, Aliso Creek, California.
(2) St. johns bluff training wall, duval county, florida.--
Project for emergency streambank protection, St. Johns Bluff
Training Wall, Duval County, Florida.
(3) Gulf intracoastal waterway, iberville parish,
louisiana.--Projects for emergency streambank restoration, Gulf
Intracoastal Waterway, Iberville Parish, Louisiana.
(4) Ouachita and black rivers, arkansas and louisiana.--
Projects for emergency streambank protection, Ouachita and
Black Rivers, Arkansas and Louisiana.
(5) Piney point lighthouse, st. mary's county, maryland.--
Project for emergency streambank protection, Piney Point
Lighthouse, St. Mary's County, Maryland.
(6) Pug hole lake, minnesota.--Project for emergency
streambank protection, Pug Hole Lake, Minnesota.
(7) Middle fork grand river, gentry county, missouri.--
Project for emergency streambank protection, Middle Fork Grand
River, Gentry County, Missouri.
(8) Platte river, platte city, missouri.--Project for
emergency streambank protection, Platte River, Platte City,
Missouri.
(9) Rush creek, parkville, missouri.--Project for emergency
streambank protection, Rush Creek, Parkville, Missouri,
including measures to address degradation of the creek bed.
(10) Dry and otter creeks, cortland county, new york.--
Project for emergency streambank protection, Dry and Otter
Creeks, Cortland County, New York.
(11) Keuka lake, hammondsport, new york.--Project for
emergency streambank protection, Keuka Lake, Hammondsport, New
York.
(12) Kowawese unique area and hudson river, new windsor,
new york.--Project for emergency streambank protection,
Kowawese Unique Area and Hudson River, New Windsor, New York.
(13) Owego creek, tioga county, new york.--Project for
emergency streambank protection, Owego Creek, Tioga County, New
York.
(14) Howard road outfall, shelby county, tennessee.--
Project for emergency streambank protection, Howard Road
outfall, Shelby County, Tennessee.
(15) Mitch farm ditch and lateral d, shelby county,
tennessee.--Project for emergency streambank protection, Mitch
Farm Ditch and Lateral D, Shelby County, Tennessee.
(16) Wolf river tributaries, shelby county, tennessee.--
Project for emergency streambank protection, Wolf River
tributaries, Shelby County, Tennessee.
(17) Johnson creek, arlington, texas.--Project for
emergency streambank protection, Johnson Creek, Arlington,
Texas.
(18) Wells river, newbury, vermont.--Project for emergency
streambank protection, Wells River, Newbury, Vermont.
SEC. 1004. SMALL PROJECTS FOR NAVIGATION.
(a) In General.--The Secretary shall conduct a study for each of
the following projects and, if the Secretary determines that a project
is feasible, may carry out the project under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577):
(1) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(2) East basin, cape cod canal, sandwich, massachusetts.--
Project for navigation, East Basin, Cape Cod Canal, Sandwich,
Massachusetts.
(3) Lynn harbor, lynn, massachusetts.--Project for
navigation, Lynn Harbor, Lynn, Massachusetts.
(4) Merrimack river, haverhill, massachusetts.--Project for
navigation, Merrimack River, Haverhill, Massachusetts.
(5) Oak bluffs harbor, oak bluffs, massachusetts.--Project
for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
(6) Woods hole great harbor, falmouth, massachusetts.--
Project for navigation, Woods Hole Great Harbor, Falmouth,
Massachusetts.
(7) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(8) Traverse city harbor, traverse city, michigan.--Project
for navigation, Traverse City Harbor, Traverse City, Michigan.
(9) Tower harbor, tower, minnesota.--Project for
navigation, Tower Harbor, Tower, Minnesota.
(10) Olcott harbor, olcott, new york.--Project for
navigation, Olcott Harbor, Olcott, New York.
(b) Special Rules.--
(1) Traverse city harbor, traverse city, michigan.--The
Secretary shall review the locally prepared plan for the
project for navigation, Traverse City Harbor, Michigan,
referred to in subsection (a), and, if the Secretary determines
that the plan meets the evaluation and design standards of the
Corps of Engineers and that the plan is feasible, the Secretary
may use the plan to carry out the project and shall provide
credit toward the non-Federal share of the cost of the project
for the cost of work carried out 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.
(2) Tower harbor, tower minnesota.--The Secretary shall
carry out the project for navigation, Tower Harbor, Tower,
Minnesota, referred to in subsection (a) if the Secretary
determines that the project is feasible.
SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a):
(1) Ballona creek, los angeles county, california.--Project
for improvement of the quality of the environment, Ballona
Creek, Los Angeles County, California.
(2) Ballona lagoon tide gates, marina del rey,
california.--Project for improvement of the quality of the
environment, Ballona Lagoon Tide Gates, Marina Del Rey,
California.
(3) Ft. george inlet, duval county, florida.--Project for
improvement of the quality of the environment, Ft. George
Inlet, Duval County, Florida.
(4) Rathbun lake, iowa.--Project for improvement of the
quality of the environment, Rathbun Lake, Iowa.
(5) Smithville lake, missouri.--Project for improvement of
the quality of the environment, Smithville Lake, Missouri.
(6) Delaware bay, new jersey and delaware.--Project for
improvement of the quality of the environment, Delaware Bay,
New Jersey and Delaware, for the purpose of oyster restoration.
(7) Tioga-hammond lakes, pennsylvania.--Project for
improvement of the quality of the environment, Tioga-Hammond
Lakes, Pennsylvania.
SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) Cypress creek, montgomery, alabama.--Project for
aquatic ecosystem restoration, Cypress Creek, Montgomery,
Alabama.
(2) Black lake, alaska.--Project for aquatic ecosystem
restoration, Black Lake, Alaska, at the head of the Chignik
watershed.
(3) Aliso creek, california.--Project for aquatic ecosystem
restoration, Aliso Creek, California.
(4) Ben lomond dam, santa cruz, california.--Project for
aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz,
California.
(5) Dockweiler bluffs, los angeles county, california.--
Project for aquatic ecosystem restoration, Dockweiler Bluffs,
Los Angeles County, California.
(6) Salt river, california.--Project for aquatic ecosystem
restoration, Salt River, California.
(7) Santa rosa creek, santa rosa, california.--Project for
aquatic ecosystem restoration, Santa Rosa Creek in the vicinity
of the Prince Memorial Greenway, Santa Rosa, California.
(8) Stockton deep water ship channel and lower san joaquin
river, california.--Project for aquatic ecosystem restoration,
Stockton Deep Water Ship Channel and lower San Joaquin River,
California.
(9) Sweetwater reservoir, san diego county, california.--
Project for aquatic ecosystem restoration, Sweetwater
Reservoir, San Diego County, California, including efforts to
address aquatic nuisance species.
(10) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(11) Clam bayou and dinkins bayou, sanibel island,
florida.--Project for aquatic ecosystem restoration, Clam Bayou
and Dinkins Bayou, Sanibel Island, Florida.
(12) Chattahoochee fall line, georgia and alabama.--Project
for aquatic ecosystem restoration, Chattahoochee Fall Line,
Georgia and Alabama.
(13) Longwood cove, gainesville, georgia.--Project for
aquatic ecosystem restoration, Longwood Cove, Gainesville,
Georgia.
(14) Lake county, illinois.--Project for aquatic ecosystem
restoration, Ryerson Forest Preserve Dam, Dam 1A, Dam 1B, and
Dam 1C, Lake County, Illinois.
(15) City park, university lakes, louisiana.--Project for
aquatic ecosystem restoration, City Park, University Lakes,
Louisiana.
(16) Mill pond, littleton, massachusetts.--Project for
aquatic ecosystem restoration, Mill Pond, Littleton,
Massachusetts.
(17) Pine tree brook, milton, massachusetts.--Project for
aquatic ecosystem restoration, Pine Tree Brook, Milton,
Massachusetts.
(18) Kalamazoo river watershed, battle creek, michigan.--
Project for aquatic ecosystem restoration, Kalamazoo River
watershed, Battle Creek, Michigan.
(19) Rush lake, minnesota.--Project for aquatic ecosystem
restoration, Rush Lake, Minnesota.
(20) South fork of the crow river, hutchinson, minnesota.--
Project for aquatic ecosystem restoration, South Fork of the
Crow River, Hutchinson, Minnesota.
(21) St. louis, missouri.--Project for aquatic ecosystem
restoration, St. Louis, Missouri.
(22) Truckee river, reno, nevada.--Project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, including
features for fish passage for Washoe County.
(23) Grover's mill pond, new jersey.--Project for aquatic
ecosystem restoration, Grover's Mill Pond, New Jersey.
(24) Dugway creek, bratenahl, ohio.--Project for aquatic
ecosystem restoration, Dugway Creek, Bratenahl, Ohio.
(25) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(26) Beaver creek, beaver and salem, pennsylvania.--Project
for aquatic ecosystem restoration, Beaver Creek, Beaver and
Salem, Pennsylvania.
(27) Cementon dam, lehigh river, pennsylvania.--Project for
aquatic ecosystem restoration, Cementon Dam, Lehigh River,
Pennsylvania.
(28) Saucon creek, northampton county, pennsylvania.--
Project for aquatic ecosystem restoration, Saucon Creek,
Northampton County, Pennsylvania.
(29) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(30) Wilson branch, cheraw, south carolina.--Project for
aquatic ecosystem restoration, Wilson Branch, Cheraw, South
Carolina.
(31) White river, bethel, vermont.--Project for aquatic
ecosystem restoration, White River, Bethel, Vermont.
SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C.
426g):
(1) Nelson lagoon, alaska.--Project for shoreline
protection, Nelson Lagoon, Alaska.
(2) Sanibel island, florida.--Project for shoreline
protection, Sanibel Island, Florida.
(3) Apra harbor, guam.--Project for shoreline protection,
Apra Harbor, Guam.
(4) Piti, cabras island, guam.--Project for shoreline
protection, Piti, Cabras Island, Guam.
(5) Narrows and gravesend bay, upper new york bay,
brooklyn, new york.--Project for shoreline protection in the
vicinity of the confluence of the Narrows and Gravesend Bay,
Upper New York Bay, Shore Parkway Greenway, Brooklyn, New York.
(6) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for shoreline protection, Delaware River
in the vicinity of the Philadelphia Naval Shipyard,
Pennsylvania.
(7) Port aransas, texas.--Project for shoreline protection,
Port Aransas, Texas.
SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for the following project and,
if the Secretary determines that the project is feasible, the Secretary
may carry out the project under section 2 of the Flood Control Act of
August 28, 1937 (33 U.S.C. 701g): Project for removal of snags and
clearing and straightening of channels for flood control, Kowawese
Unique Area and Hudson River, New Windsor, New York.
TITLE II--GENERAL PROVISIONS
SEC. 2001. NON-FEDERAL CONTRIBUTIONS.
Section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213) is amended by adding at the end the following:
``(n) Non-Federal Contributions.--
``(1) Prohibition on solicitation of excess
contributions.--The Secretary may not--
``(A) solicit contributions from non-Federal
interests for costs of constructing authorized water
resources projects or measures in excess of the non-
Federal share assigned to the appropriate project
purposes listed in subsections (a), (b), and (c); or
``(B) condition Federal participation in such
projects or measures on the receipt of such
contributions.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect the Secretary's
authority under section 903(c).''.
SEC. 2002. HARBOR COST SHARING.
(a) Payments During Construction.--Section 101(a)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a)(1); 100 Stat.
4082) is amended in each of subparagraphs (B) and (C) by striking ``45
feet'' and inserting ``53 feet''.
(b) Operation and Maintenance.--Section 101(b)(1) of such Act (33
U.S.C. 2211(b)(1)) is amended by striking ``45 feet'' and inserting
``53 feet''.
(c) Definitions.--Section 214 of such Act (33 U.S.C. 2241; 100
Stat. 4108) is amended in each of paragraphs (1) and (3) by striking
``45 feet'' and inserting ``53 feet''.
(d) Applicability.--The amendments made by subsections (a), (b),
and (c) shall apply only to a project, or separable element of a
project, on which a contract for physical construction has not been
awarded before October 1, 2003.
(e) Revision of Partnership Agreement.--The Secretary shall revise
any partnership agreement entered into after October 1, 2003, for any
project to which the amendments made by subsections (a), (b), and (c)
apply to take into account the change in non-Federal participation in
the project as a result of such amendments.
SEC. 2003. FUNDING TO PROCESS PERMITS.
Section 214(c) of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 119 Stat. 2169; 120
Stat. 318; 120 Stat. 3197) is amended by striking ``2008'' and
inserting ``2010''.
SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
(a) Extension of Program.--Section 5(a) of the Act entitled ``An
Act authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946 (33
U.S.C. 426h(a)), is amended by striking ``7 years'' and inserting ``10
years''.
(b) Extension of Planning, Design, and Construction Phase.--Section
5(b)(1)(A) of such Act (33 U.S.C. 426h(b)(1)(A)) is amended by striking
``3 years'' and inserting ``6 years''.
(c) Cost Sharing; Removal of Projects.--Section 5(b) of such Act
(33 U.S.C. 426h(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Cost sharing.--The Secretary may enter into a cost
sharing agreement with a non-Federal interest to carry out a
project, or a phase of a project, under the erosion control
program in cooperation with the non-Federal interest.
``(4) Removal of projects.--The Secretary may pay all or a
portion of the costs of removing a project, or an element of a
project, constructed under the erosion control program if the
Secretary determines during the term of the program that the
project or element is detrimental to the environment, private
property, or public safety.''.
(d) Authorization of Appropriations.--Section 5(e)(2) of such Act
(33 U.S.C. 426h(e)(2)) is amended by striking ``$25,000,000'' and
inserting ``$31,000,000''.
SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND PROTECTION PROJECTS.
Section 3 of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'', approved August 13, 1946 (33 U.S.C. 426g), is amended by
striking ``$3,000,000'' and inserting ``$5,000,000''.
SEC. 2006. AQUATIC ECOSYSTEM RESTORATION.
Section 206(e) of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended by striking ``$25,000,000'' and inserting
``$40,000,000''.
SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by striking ``$50,000,000'' and inserting ``$60,000,000''.
SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
Section 1135(h) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(h)) is amended by striking ``$25,000,000'' and inserting
``$30,000,000''.
SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) In General.--Section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) is amended--
(1) by striking ``Sec. 221'' and inserting the following:
``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES
PROJECTS.'';
(2) by striking subsection (a) and inserting the following:
``(a) Cooperation of Non-Federal Interest.--
``(1) In general.--After December 31, 1970, the
construction of any water resources project, or an acceptable
separable element thereof, by the Secretary of the Army, acting
through the Chief of Engineers, or by a non-Federal interest
where such interest will be reimbursed for such construction
under any provision of law, shall not be commenced until each
non-Federal interest has entered into a written partnership
agreement with the Secretary (or, where appropriate, the
district engineer for the district in which the project will be
carried out) under which each party agrees to carry out its
responsibilities and requirements for implementation or
construction of the project or the appropriate element of the
project, as the case may be; except that no such agreement
shall be required if the Secretary determines that the
administrative costs associated with negotiating, executing, or
administering the agreement would exceed the amount of the
contribution required from the non-Federal interest and are
less than $25,000.
``(2) Liquidated damages.--A partnership agreement
described in paragraph (1) may include a provision for
liquidated damages in the event of a failure of one or more
parties to perform.
``(3) Obligation of future appropriations.--In any
partnership agreement described in paragraph (1) and entered
into by a State, or a body politic of the State which derives
its powers from the State constitution, or a governmental
entity created by the State legislature, the agreement may
reflect that it does not obligate future appropriations for
such performance and payment when obligating future
appropriations would be inconsistent with constitutional or
statutory limitations of the State or a political subdivision
of the State.
``(4) Credit for in-kind contributions.--
``(A) In general.--A partnership agreement
described in paragraph (1) may provide with respect to
a project that the Secretary shall credit toward the
non-Federal share of the cost of the project, including
a project implemented without specific authorization in
law, the value of in-kind contributions made by the
non-Federal interest, including--
``(i) the costs of planning (including data
collection), design, management, mitigation,
construction, and construction services that
are provided by the non-Federal interest for
implementation of the project;
``(ii) the value of materials or services
provided before execution of the partnership
agreement, including efforts on constructed
elements incorporated into the project; and
``(iii) the value of materials and services
provided after execution of the partnership
agreement.
``(B) Condition.--The Secretary shall credit an in-
kind contribution under subparagraph (A) if the
Secretary determines that the material or service
provided as an in-kind contribution is integral to the
project.
``(C) Work performed before partnership
agreement.--In any case in which the non-Federal
interest is to receive credit under subparagraph
(A)(ii) for the cost of work carried out by the non-
Federal interest and such work has not been carried out
as of the date of enactment of this subparagraph, the
Secretary and the non-Federal interest shall enter into
an agreement under which the non-Federal interest shall
carry out such work, and only work carried out
following the execution of the agreement shall be
eligible for credit.
``(D) Limitations.--Credit authorized under this
paragraph for a project--
``(i) shall not exceed the non-Federal
share of the cost of the project;
``(ii) shall not alter any other
requirement that a non-Federal interest provide
lands, easements or rights-of-way, or areas for
disposal of dredged material for the project;
``(iii) shall not alter any requirement
that a non-Federal interest pay a portion of
the costs of construction of the project under
sections 101 and 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211; 33
U.S.C. 2213); and
``(iv) shall not exceed the actual and
reasonable costs of the materials, services, or
other things provided by the non-Federal
interest, as determined by the Secretary.
``(E) Applicability.--
``(i) In general.--This paragraph shall
apply to water resources projects authorized
after November 16, 1986, including projects
initiated after November 16, 1986, without
specific authorization in law.
``(ii) Limitation.--In any case in which a
specific provision of law provides for a non-
Federal interest to receive credit toward the
non-Federal share of the cost of a study for,
or construction or operation and maintenance
of, a water resources project, the specific
provision of law shall apply instead of this
paragraph.''.
(b) Non-Federal Interest.--Section 221(b) of such Act is amended to
read as follows:
``(b) Definition of Non-Federal Interest.--The term `non-Federal
interest' means a legally constituted public body (including a
federally recognized Indian tribe), and a nonprofit entity with the
consent of the affected local government, that has full authority and
capability to perform the terms of its agreement and to pay damages, if
necessary, in the event of failure to perform.''.
(c) Program Administration.--Section 221 of such Act is further
amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(e) Delegation of Authority.--Not later than September 30, 2008,
the Secretary shall issue policies and guidelines for partnership
agreements that delegate to the district engineers, at a minimum--
``(1) the authority to approve any policy in a partnership
agreement that has appeared in an agreement previously approved
by the Secretary;
``(2) the authority to approve any policy in a partnership
agreement the specific terms of which are dictated by law or by
a final feasibility study, final environmental impact
statement, or other final decision document for a water
resources project;
``(3) the authority to approve any partnership agreement
that complies with the policies and guidelines issued by the
Secretary; and
``(4) the authority to sign any partnership agreement for
any water resources project unless, within 30 days of the date
of authorization of the project, the Secretary notifies the
district engineer in which the project will be carried out that
the Secretary wishes to retain the prerogative to sign the
partnership agreement for that project.
``(f) Report to Congress.--Not later than 2 years after the date of
enactment of this subsection, and every year thereafter, the Secretary
shall submit to Congress a report detailing the following:
``(1) The number of partnership agreements signed by
district engineers and the number of partnership agreements
signed by the Secretary.
``(2) For any partnership agreement signed by the
Secretary, an explanation of why delegation to the district
engineer was not appropriate.
``(g) Public Availability.--Not later than 120 days after the date
of enactment of this subsection, the Chief of Engineers shall--
``(1) ensure that each district engineer has made available
to the public, including on the Internet, all partnership
agreements entered into under this section within the preceding
10 years and all partnership agreements for water resources
projects currently being carried out in that district; and
``(2) make each partnership agreement entered into after
such date of enactment available to the public, including on
the Internet, not later than 7 days after the date on which
such agreement is entered into.''.
(d) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (101 Stat. 4190) is amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it
appears and inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the
following: ``payment of damages or, for'';
(B) by striking ``to collect a civil penalty
imposed under this section,''; and
(C) by striking ``any civil penalty imposed under
this section,'' and inserting ``any damages,''.
(e) Applicability.--The amendments made by subsections (a), (b),
and (d) only apply to partnership agreements entered into after the
date of enactment of this Act; except that, at the request of a non-
Federal interest for a project, the district engineer for the district
in which the project is located may amend a project partnership
agreement entered into on or before such date and under which
construction on the project has not been initiated as of such date of
enactment for the purpose of incorporating such amendments.
(f) Partnership and Cooperative Arrangements; References.--
(1) In general.--A goal of agreements entered into under
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b) shall be to further partnership and cooperative
arrangements, and the agreements shall be referred to as
``partnership agreements''.
(2) References to cooperation agreements.--Any reference in
a law, regulation, document, or other paper of the United
States to a ``cooperation agreement'' or ``project cooperation
agreement'' shall be deemed to be a reference to a
``partnership agreement'' or a ``project partnership
agreement'', respectively.
(3) References to partnership agreements.--Any reference to
a ``partnership agreement'' or ``project partnership
agreement'' in this Act (other than this section) shall be
deemed to be a reference to a ``cooperation agreement'' or a
``project cooperation agreement'', respectively.
SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, AND REUSE.
(a) In General.--The Secretary may provide to State and local
governments assessment, planning, and design assistance for
remediation, environmental restoration, or reuse of areas located
within the boundaries of such State or local governments where such
remediation, environmental restoration, or reuse will contribute to the
improvement of water quality or the conservation of water and related
resources of drainage basins and watersheds within the United States.
(b) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) shall be 50 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2008 through 2012.
SEC. 2011. COMPILATION OF LAWS.
(a) Compilation of Laws Enacted After November 8, 1966.--Not later
than one year after the date of enactment of this Act, the Secretary
and the Chief of Engineers shall prepare a compilation of the laws of
the United States relating to the improvement of rivers and harbors,
flood damage reduction, beach and shoreline erosion, hurricane and
storm damage reduction, ecosystem and environmental restoration, and
other water resources development enacted after November 8, 1966, and
before January 1, 2008, and have such compilation printed for the use
of the Department of the Army, Congress, and the general public.
(b) Reprint of Laws Enacted Before November 8, 1966.--The Secretary
shall have the volumes containing the laws referred to in subsection
(a) enacted before November 8, 1966, reprinted.
(c) Index.--The Secretary shall include an index in each volume
compiled, and each volume reprinted, pursuant to this section.
(d) Congressional Copies.--Not later than December 1, 2008, the
Secretary shall transmit at least 25 copies of each volume compiled,
and of each volume reprinted, pursuant to this section to each of the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate.
(e) Availability.--The Secretary shall ensure that each volume
compiled, and each volume reprinted, pursuant to this section are
available through electronic means, including the Internet.
SEC. 2012. DREDGED MATERIAL DISPOSAL.
Section 217 of the Water Resources Development Act of 1996 (33
U.S.C. 2326a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Dredged Material Facility.--
``(1) In general.--The Secretary may enter into a
partnership agreement under section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b) with one or more non-Federal
interests with respect to a water resources project, or group
of water resources projects within a geographic region, if
appropriate, for the acquisition, design, construction,
management, or operation of a dredged material processing,
treatment, contaminant reduction, or disposal facility
(including any facility used to demonstrate potential
beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) using
funds provided in whole or in part by the Federal Government.
``(2) Performance.--One or more of the parties to a
partnership agreement under this subsection may perform the
acquisition, design, construction, management, or operation of
a dredged material processing, treatment, contaminant
reduction, or disposal facility.
``(3) Multiple projects.--If a facility to which this
subsection applies serves to manage dredged material from
multiple water resources projects located in the geographic
region of the facility, the Secretary may combine portions of
such projects with appropriate combined costsharing between the
various projects in a partnership agreement for the facility
under this subsection.
``(4) Specified federal funding sources and cost sharing.--
``(A) Specified federal funding.--A partnership
agreement with respect to a facility under this
subsection shall specify--
``(i) the Federal funding sources and
combined cost-sharing when applicable to
multiple water resources projects; and
``(ii) the responsibilities and risks of
each of the parties relating to present and
future dredged material managed by the
facility.
``(B) Management of sediments.--
``(i) In general.--A partnership agreement
under this subsection may include the
management of sediments from the maintenance
dredging of Federal water resources projects
that do not have partnership agreements.
``(ii) Payments.--A partnership agreement
under this subsection may allow the non-Federal
interest to receive reimbursable payments from
the Federal Government for commitments made by
the non-Federal interest for disposal or
placement capacity at dredged material
processing, treatment, contaminant reduction,
or disposal facilities.
``(C) Credit.--A partnership agreement under this
subsection may allow costs incurred by the non-Federal
interest before execution of the partnership agreement
to be credited in accordance with section 221(a)(4) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)(4)).
``(5) Credit.--
``(A) Effect on existing agreements.--Nothing in
this subsection supersedes or modifies an agreement in
effect on the date of enactment of this paragraph
between the Federal Government and any non-Federal
interest for the cost-sharing, construction, and
operation and maintenance of a water resources project.
``(B) Credit for funds.--Subject to the approval of
the Secretary and in accordance with law (including
regulations and policies) in effect on the date of
enactment of this paragraph, a non-Federal interest for
a water resources project may receive credit for funds
provided for the acquisition, design, construction,
management, or operation of a dredged material
processing, treatment, contaminant reduction, or
disposal facility to the extent the facility is used to
manage dredged material from the project.
``(C) Non-federal interest responsibilities.--A
non-Federal interest entering into a partnership
agreement under this subsection for a facility shall--
``(i) be responsible for providing all
necessary lands, easements, rights-of-way, and
relocations associated with the facility; and
``(ii) receive credit toward the non-
Federal share of the cost of the project with
respect to which the agreement is being entered
into for those items.''; and
(3) in paragraphs (1) and (2)(A) of subsection (d) (as
redesignated by paragraph (1))--
(A) by inserting ``and maintenance'' after
``operation'' each place it appears; and
(B) by inserting ``processing, treatment,
contaminant reduction, or'' after ``dredged material''
the first place it appears in each of those paragraphs.
SEC. 2013. WETLANDS MITIGATION.
In carrying out a water resources project that involves wetlands
mitigation and that has impacts that occur within the same watershed of
a mitigation bank, the Secretary, to the maximum extent practicable and
where appropriate, shall first consider the use of the mitigation bank
if the bank contains sufficient available credits to offset the impact
and the bank is approved in accordance with the Federal Guidance for
the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg.
58605) or other applicable Federal law (including regulations).
SEC. 2014. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) Mitigation Plan Contents.--Section 906(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended by
adding at the end the following:
``(3) Contents.--A mitigation plan shall include--
``(A) a description of the physical action to be
undertaken to achieve the mitigation objectives within
the watershed in which such losses occur and, in any
case in which mitigation must take place outside the
watershed, a justification detailing the rationale for
undertaking the mitigation outside of the watershed;
``(B) a description of the lands or interests in
lands to be acquired for mitigation and the basis for a
determination that such lands are available for
acquisition;
``(C) the type, amount, and characteristics of the
habitat being restored;
``(D) success criteria for mitigation based on
replacement of lost functions and values of the
habitat, including hydrologic and vegetative
characteristics; and
``(E) a plan for any necessary monitoring to
determine the success of the mitigation, including the
cost and duration of any monitoring and, to the extent
practicable, the entities responsible for any
monitoring.
``(4) Responsibility for monitoring.--In any case in which
it is not practicable to identify in a mitigation plan for a
water resources project, the entity responsible for monitoring
at the time of a final report of the Chief of Engineers or
other final decision document for the project, such entity
shall be identified in the partnership agreement entered into
with the non-Federal interest.''.
(b) Status Report.--
(1) In general.--Concurrent with the President's submission
to Congress of the President's request for appropriations for
the Civil Works Program for a fiscal year, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the status of
construction of projects that require mitigation under section
906 of the Water Resources Development Act of 1986 (33 U.S.C.
2283; 100 Stat. 4186) and the status of such mitigation.
(2) Projects included.--The status report shall include the
status of all projects that are under construction, all
projects for which the President requests funding for the next
fiscal year, and all projects that have completed construction,
but have not completed the mitigation required under section
906 of the Water Resources Development Act of 1986.
SEC. 2015. REMOTE AND SUBSISTENCE HARBORS.
(a) In General.--In conducting a study of harbor and navigation
improvements, the Secretary may recommend a project without the need to
demonstrate that the project is justified solely by national economic
development benefits if the Secretary determines that--
(1)(A) the community to be served by the project is at
least 70 miles from the nearest surface accessible commercial
port and has no direct rail or highway link to another
community served by a surface accessible port or harbor; or
(B) the project would be located in the Commonwealth of
Puerto Rico, Guam, the State of Hawaii, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, or
American Samoa;
(2) the harbor is economically critical such that over 80
percent of the goods transported through the harbor would be
consumed within the community served by the harbor and
navigation improvement; and
(3) the long-term viability of the community would be
threatened without the harbor and navigation improvement.
(b) Justification.--In considering whether to recommend a project
under subsection (a), the Secretary shall consider the benefits of the
project to--
(1) public health and safety of the local community,
including access to facilities designed to protect public
health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the local population; and
(5) social and cultural value to the community.
SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL.
(a) In General.--Section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326) is amended by striking subsections (c) through
(g) and inserting the following:
``(c) In General.--The Secretary may carry out projects to
transport and place sediment obtained in connection with the
construction, operation, or maintenance of an authorized water
resources project at locations selected by a non-Federal entity for use
in the construction, repair, or rehabilitation of projects determined
by the Secretary to be in the public interest and associated with
navigation, flood damage reduction, hydroelectric power, municipal and
industrial water supply, agricultural water supply, recreation,
hurricane and storm damage reduction, aquatic plant control, and
environmental protection and restoration.
``(d) Cooperative Agreement.--Any project undertaken pursuant to
this section shall be initiated only after non-Federal interests have
entered into an agreement with the Secretary in which the non-Federal
interests agree to pay the non-Federal share of the cost of
construction of the project and 100 percent of the cost of operation,
maintenance, replacement, and rehabilitation of the project in
accordance with section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213).
``(e) Special Rule.--Construction of a project under subsection (a)
for one or more of the purposes of protection, restoration, or creation
of aquatic and ecologically related habitat, the cost of which does not
exceed $750,000 and which will be located in a disadvantaged community
as determined by the Secretary, may be carried out at Federal expense.
``(f) Determination of Construction Costs.--Costs associated with
construction of a project under this section shall be limited solely to
construction costs that are in excess of those costs necessary to carry
out the dredging for construction, operation, or maintenance of the
authorized water resources project in the most cos- effective way,
consistent with economic, engineering, and environmental criteria.
``(g) Selection of Sediment Disposal Method.--In developing and
carrying out a water resources project involving the disposal of
sediment, the Secretary may select, with the consent of the non-Federal
interest, a disposal method that is not the least cost option if the
Secretary determines that the incremental costs of such disposal method
are reasonable in relation to the environmental benefits, including the
benefits to the aquatic environment to be derived from the creation of
wetlands and control of shoreline erosion. The Federal share of such
incremental costs shall be determined in accordance with subsections
(d) and (f).
``(h) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 annually for projects under this section of
which not more than $3,000,000 annually may be used for construction of
projects described in subsection (e). Such sums shall remain available
until expended.
``(j) Regional Sediment Management Planning.--In consultation with
appropriate State and Federal agencies, the Secretary may develop, at
Federal expense, plans for regional management of sediment obtained in
conjunction with the construction, operation, or maintenance of water
resources projects, including potential beneficial uses of sediment for
construction, repair, or rehabilitation of public projects for
navigation, flood damage reduction, hydroelectric power, municipal and
industrial water supply, agricultural water supply, recreation,
hurricane and storm damage reduction, aquatic plant control, and
environmental protection and restoration.
``(k) Use of Funds.--
``(1) Non-federal interest.--The non-Federal interest for a
project described in this section may use, and the Secretary
shall accept, funds provided under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of the
cost of such project if such funds are authorized to be used to
carry out such project.
``(2) Other federal agencies.--The non-Federal share of the
cost of construction of a project under this section may be met
through contributions from a Federal agency made directly to
the Secretary, with the consent of the affected local
government, if such funds are authorized to be used to carry
out such project. Before initiating a project to which this
paragraph applies, the Secretary shall enter into an agreement
with a non-Federal interest in which the non-Federal interest
agrees to pay 100 percent of the cost of operation,
maintenance, replacement, and rehabilitation of the project.''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Hold harmless.--The repeal made by paragraph (1) shall
not affect the authority of the Secretary to complete any
project being carried out under such section 145 on the day
before the date of enactment of this Act.
(c) Priority Areas.--In carrying out section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326), the Secretary shall
give priority to the following:
(1) A project at Little Rock Slackwater Harbor, Arkansas.
(2) A project at Egmont Key, Florida.
(3) A project in the vicinity of Calcasieu Ship Channel,
Louisiana.
(4) A project in the vicinity of the Smith Point Park
Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(5) A project in the vicinity of Morehead City, North
Carolina.
(6) A project in the vicinity of Galveston Bay, Texas.
(7) A project at Benson Beach, Washington.
SEC. 2017. COST-SHARING PROVISIONS FOR CERTAIN AREAS.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310; 100 Stat. 4256) is amended to read as follows:
``SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN AREAS.
``The Secretary shall waive local cost-sharing requirements up to
$500,000 for all studies and projects--
``(1) in the Commonwealth of Puerto Rico, American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands;
``(2) in Indian country (as defined in section 1151 of
title 18, United States Code, and including lands that are
within the jurisdictional area of an Oklahoma Indian tribe, as
determined by the Secretary of the Interior, and are recognized
by the Secretary of the Interior as eligible for trust land
status under part 151 of title 25, Code of Federal
Regulations); or
``(3) on land in the State of Alaska owned by an Alaska
Native Regional Corporation or an Alaska Native Village
Corporation (as those terms are defined in the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)) or the
Metlakatla Indian community.''.
SEC. 2018. USE OF OTHER FEDERAL FUNDS.
The non-Federal interest for a water resources study or project may
use, and the Secretary shall accept, funds provided by a Federal agency
under any other Federal program, to satisfy, in whole or in part, the
non-Federal share of the cost of the study or project if such funds are
authorized to be used to carry out the study or project.
SEC. 2019. REVISION OF PROJECT PARTNERSHIP AGREEMENT.
Upon authorization by law of an increase in the maximum amount of
Federal funds that may be allocated for a water resources project or an
increase in the total cost of a water resources project authorized to
be carried out by the Secretary, the Secretary shall revise the
partnership agreement for the project to take into account the change
in Federal participation in the project.
SEC. 2020. COST SHARING.
An increase in the maximum amount of Federal funds that may be
allocated for a water resources project, or an increase in the total
cost of a water resources project, authorized to be carried out by the
Secretary shall not affect any cost-sharing requirement applicable to
the project.
SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD DAMAGE REDUCTION.
The Secretary shall expedite any authorized planning, design, and
construction of any project for flood damage reduction for an area
that, within the preceding 5 years, has been subject to flooding that
resulted in the loss of life and caused damage of sufficient severity
and magnitude to warrant a declaration of a major disaster by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--Section 729 of the Water Resources Development Act
of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is
amended--
(1) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``;''; and
(C) by adding at the end the following:
``(6) Tuscarawas River Basin, Ohio;
``(7) Sauk River Basin, Snohomish and Skagit Counties,
Washington;
``(8) Niagara River Basin, New York;
``(9) Genesee River Basin, New York; and
``(10) White River Basin, Arkansas and Missouri.'';
(2) by striking paragraph (1) of subsection (f) and
inserting the following:
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section on or
after December 11, 2000, shall be 25 percent.''; and
(3) by striking subsection (g).
(b) Revision of Partnership Agreement.--The Secretary shall revise
the partnership agreement for any assessment being carried out under
such section 729 to take into account the change in non-Federal
participation in the assessment as a result of the amendments made by
subsection (a).
SEC. 2023. TRIBAL PARTNERSHIP PROGRAM.
(a) Scope.--Section 203(b)(1)(B) of the Water Resources Development
Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat. 2589) is amended by
inserting after ``Code'' the following: ``, and including lands that
are within the jurisdictional area of an Oklahoma Indian tribe, as
determined by the Secretary of the Interior, and are recognized by the
Secretary of the Interior as eligible for trust land status under part
151 of title 25, Code of Federal Regulations''.
(b) Authorization of Appropriations.--Section 203(e) of such Act is
amended by striking ``2006'' and inserting ``2012''.
SEC. 2024. 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. 2025. TECHNICAL ASSISTANCE.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a) by striking ``(a) The Secretary'' and
inserting the following:
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) by inserting after the last sentence in subsection (a)
the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental agency
or non-Federal interest, the Secretary may provide, at Federal
expense, technical assistance to such agency or non-Federal
interest in managing water resources.
``(B) Types of assistance.--Technical assistance under this
paragraph may include provision and integration of hydrologic,
economic, and environmental data and analyses.'';
(3) in subsection (b)(1) by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(3) by striking ``Up to \1/2\ of the''
and inserting ``The'';
(5) in subsection (c) by striking ``(c) There is'' and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(6) in subsection (c)(1) (as designated by paragraph (5))--
(A) by striking ``the provisions of this section''
and inserting ``subsection (a)(1)''; and
(B) by striking ``$500,000'' and inserting
``$1,000,000'';
(7) by inserting at the end of subsection (c) the
following:
``(2) Technical assistance.--There is authorized to be
appropriated $5,000,000 annually to carry out subsection
(a)(2), of which not more than $2,000,000 annually may be used
by the Secretary to enter into cooperative agreements with
nonprofit organizations to provide assistance to rural and
small communities.'';
(8) by redesignating subsection (d) as subsection (e); and
(9) by inserting after subsection (c) the following:
``(d) Annual Submission of Proposed Activities.--Concurrent with
the President's submission to Congress of the President's request for
appropriations for the Civil Works Program for a fiscal year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
individual activities proposed for funding under subsection (a)(1) for
that fiscal year.''.
SEC. 2026. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--
(1) by striking ``and'' at end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting a semicolon; and
(3) by adding at the end the following:
``(20) Kinkaid Lake, Jackson County, Illinois, removal of
silt and aquatic growth and measures to address excessive
sedimentation;
``(21) McCarter Pond, Borough of Fairhaven, New Jersey,
removal of silt and measures to address water quality;
``(22) Rogers Pond, Franklin Township, New Jersey, removal
of silt and restoration of structural integrity;
``(23) Greenwood Lake, New York and New Jersey, removal of
silt and aquatic growth;
``(24) Lake Rodgers, Creedmoor, North Carolina, removal of
silt and excessive nutrients and restoration of structural
integrity; and
``(25) Lake Luxembourg, Pennsylvania.''.
SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND LOCAL
ACTIONS.
(a) Notice of Intent.--Upon request of the non-Federal interest in
the form of a written notice of intent to construct or modify a non-
Federal water supply, wastewater infrastructure, flood damage
reduction, storm damage reduction, ecosystem restoration, or navigation
project that requires the approval of the Secretary, the Secretary
shall initiate, subject to subsection (g)(1), procedures to establish a
schedule for consolidating Federal, State, and local agency and Indian
tribe environmental assessments, project reviews, and issuance of all
permits for the construction or modification of the project. The non-
Federal interest shall submit to the Secretary, with the notice of
intent, studies and documentation, including environmental reviews,
that may be required by Federal law for decisionmaking on the proposed
project. All States and Indian tribes having jurisdiction over the
proposed project shall be invited by the Secretary, but shall not be
required, to participate in carrying out this section with respect to
the project.
(b) Procedural Requirements.--Within 15 days after receipt of
notice under subsection (a), the Secretary shall publish such notice in
the Federal Register. The Secretary also shall provide written
notification of the receipt of a notice under subsection (a) to all
State and local agencies and Indian tribes that may be required to
issue permits for the construction of the project or related
activities. The Secretary shall solicit the cooperation of those
agencies and request their entry into a memorandum of agreement
described in subsection (c) with respect to the project. Within 30 days
after publication of the notice in the Federal Register, State and
local agencies and Indian tribes that intend to enter into the
memorandum of agreement with respect to the project shall notify the
Secretary of their intent in writing.
(c) Scheduling Agreement.--Within 90 days after the date of receipt
of notice under subsection (a) with respect to a project, the Secretary
of the Interior, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, as necessary, and any State or
local agencies that have notified the Secretary under subsection (b)
shall enter into an agreement with the Secretary establishing a
schedule of decisionmaking for approval of the project and permits
associated with the project and with related activities.
(d) Contents of Agreement.--An agreement entered into under
subsection (c) with respect to a project, to the extent practicable,
shall consolidate hearing and comment periods, procedures for data
collection and report preparation, and the environmental review and
permitting processes associated with the project and related
activities. The agreement shall detail, to the extent possible, the
non-Federal interest's responsibilities for data development and
information that may be necessary to process each permit required for
the project, including a schedule when the information and data will be
provided to the appropriate Federal, State, or local agency or Indian
tribe.
(e) Revision of Agreement.--The Secretary may revise an agreement
entered into under subsection (c) with respect to a project once to
extend the schedule to allow the non-Federal interest the minimum
amount of additional time necessary to revise its original application
to meet the objections of a Federal, State, or local agency or Indian
tribe that is a party to the agreement.
(f) Final Decision.--Not later than the final day of a schedule
established by an agreement entered into under subsection (c) with
respect to a project, the Secretary shall notify the non-Federal
interest of the final decision on the project and whether the permit or
permits have been issued.
(g) Costs of Coordination.--The costs incurred by the Secretary to
establish and carry out a schedule to consolidate Federal, State, and
local agency and Indian tribe environmental assessments, project
reviews, and permit issuance for a project under this section shall be
paid by the non-Federal interest.
(h) Report on Timesavings Methods.--Not later than 3 years after
the date of enactment of this section, the Secretary shall prepare and
transmit to Congress a report estimating the time required for the
issuance of all Federal, State, local, and tribal permits for the
construction of non-Federal projects for water supply, wastewater
infrastructure, flood damage reduction, storm damage reduction,
ecosystem restoration, and navigation. The Secretary shall include in
that report recommendations for further reducing the amount of time
required for the issuance of those permits, including any proposed
changes in existing law.
SEC. 2028. PROJECT STREAMLINING.
(a) Policy.--The benefits of water resources projects are important
to the Nation's economy and environment, and recommendations to
Congress regarding such projects should not be delayed due to
uncoordinated or inefficient reviews or the failure to timely resolve
disputes during the development of water resources projects.
(b) Scope.--This section shall apply to each study initiated after
the date of enactment of this Act to develop a feasibility report under
section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282), or a reevaluation report, for a water resources project if the
Secretary determines that such study requires an environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Water Resources Project Review Process.--The Secretary shall
develop and implement a coordinated review process for the development
of water resources projects.
(d) Coordinated Reviews.--
(1) In general.--The coordinated review process under this
section shall provide that all reviews, analyses, opinions,
permits, licenses, and approvals that must be issued or made by
a Federal, State, or local government agency or Indian tribe
for the development of a water resources project described in
subsection (b) will be conducted, to the maximum extent
practicable, concurrently and completed within a time period
established by the Secretary, in cooperation with the agencies
identified under subsection (e) with respect to the project.
(2) Agency participation.--Each Federal agency identified
under subsection (e) with respect to the development of a water
resources project shall formulate and implement administrative
policy and procedural mechanisms to enable the agency to ensure
completion of reviews, analyses, opinions, permits, licenses,
and approvals described in paragraph (1) for the project in a
timely and environmentally responsible manner.
(e) Identification of Jurisdictional Agencies.--With respect to the
development of each water resources project, the Secretary shall
identify, as soon as practicable all Federal, State, and local
government agencies and Indian tribes that may--
(1) have jurisdiction over the project;
(2) be required by law to conduct or issue a review,
analysis, or opinion for the project; or
(3) be required to make a determination on issuing a
permit, license, or approval for the project.
(f) State Authority.--If the coordinated review process is being
implemented under this section by the Secretary with respect to the
development of a water resources project described in subsection (b)
within the boundaries of a State, the State, consistent with State law,
may choose to participate in the process and to make subject to the
process all State agencies that--
(1) have jurisdiction over the project;
(2) are required to conduct or issue a review, analysis, or
opinion for the project; or
(3) are required to make a determination on issuing a
permit, license, or approval for the project.
(g) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a water resources project between the Secretary, the
heads of Federal, State, and local government agencies, Indian tribes
identified under subsection (e), and the non-Federal interest for the
project.
(h) Effect of Failure to Meet Deadline.--
(1) Notification of congress and ceq.--If the Secretary
determines that a Federal, State, or local government agency,
Indian tribe, or non-Federal interest that is participating in
the coordinated review process under this section with respect
to the development of a water resources project has not met a
deadline established under subsection (d) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Environment and Public Works of the Senate, the Council on
Environmental Quality, and the agency, Indian tribe, or non-
Federal interest involved about the failure to meet the
deadline.
(2) Agency report.--Not later than 30 days after the date
of receipt of a notice under paragraph (1), the Federal, State,
or local government agency, Indian tribe, or non-Federal
interest involved may submit a report to the Secretary, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the Council on Environmental Quality
explaining why the agency, Indian tribe, or non-Federal
interest did not meet the deadline and what actions it intends
to take to complete or issue the required review, analysis, or
opinion or determination on issuing a permit, license, or
approval.
(i) Purpose and Need and Determination of Reasonable
Alternatives.--
(1) In general.--The Secretary, as the Federal lead agency
responsible for carrying out a study for a water resources
project and the associated process for meeting the requirements
of the National Environmental Policy Act of 1969, shall--
(A) define the project's purpose and need for
purposes of any document which the Secretary is
responsible for preparing for the project and shall
determine the range of alternatives for consideration
in any document which the Secretary is responsible for
preparing for the project; and
(B) determine, in collaboration with participating
agencies at appropriate times during the study process,
the methodologies to be used and the level of detail
required in the analysis of each alternative for the
project.
(2) Preferred alternative.--At the discretion of the
Secretary, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives.
(j) Limitations.--Nothing in this section shall preempt or
interfere with--
(1) any statutory requirement for seeking public comment;
(2) any power, jurisdiction, or authority that a Federal,
State, or local government agency, Indian tribe, or non-Federal
interest has with respect to carrying out a water resources
project; or
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 and the regulations
issued by the Council on Environmental Quality to carry out
such Act.
SEC. 2029. COOPERATIVE AGREEMENTS.
(a) In General.--For the purpose of expediting the cost-effective
design and construction of wetlands restoration that is part of an
authorized water resources project, the Secretary may enter into
cooperative agreements under section 6305 of title 31, United States
Code, with nonprofit organizations with expertise in wetlands
restoration to carry out such design and construction on behalf of the
Secretary.
(b) Limitations.--
(1) Per project limit.--A cooperative agreement under this
section shall not obligate the Secretary to pay the nonprofit
organization more than $1,000,000 for any single wetlands
restoration project.
(2) Annual limit.--The total value of work carried out
under cooperative agreements under this section may not exceed
$5,000,000 in any fiscal year.
SEC. 2030. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals not employed
by the Department of the Army in training classes and courses offered
by the Corps of Engineers in any case in which the Secretary determines
that it is in the best interest of the Federal Government to include
those individuals as participants.
(b) Expenses.--
(1) In general.--An individual not employed by the
Department of the Army attending a training class or course
described in subsection (a) shall pay the full cost of the
training provided to the individual.
(2) Payments.--Payments made by an individual for training
received under paragraph (1), up to the actual cost of the
training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriations account
used for paying training costs; and
(C) shall be available for use by the Secretary,
without further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph
(2) that are in excess of the actual cost of training provided
shall be credited as miscellaneous receipts to the Treasury of
the United States.
SEC. 2031. ACCESS TO WATER RESOURCE DATA.
(a) In General.--The Secretary shall carry out a program to provide
public access to water resources and related water quality data in the
custody of the Corps of Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in
water resources project development and regulation under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year.
SEC. 2032. SHORE PROTECTION PROJECTS.
(a) In General.--In accordance with the Act of July 3, 1930 (33
U.S.C. 426), and notwithstanding administrative actions, it is the
policy of the United States to promote beach nourishment for the
purposes of flood damage reduction and hurricane and storm damage
reduction and related research that encourage the protection,
restoration, and enhancement of sandy beaches, including beach
restoration and periodic beach renourishment 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 under subsection (a),
preference shall be given to--
(1) areas in which there has been a Federal investment of
funds for the purposes described in subsection (a); and
(2) areas with respect to which the need for prevention 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 under
subsection (a) to each shore protection and beach renourishment project
(including shore protection and beach renourishment projects
constructed before the date of enactment of this Act).
SEC. 2033. ABILITY TO PAY.
(a) Criteria and Procedures.--Section 103(m)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by
striking ``180 days after such date of enactment'' and inserting
``September 30, 2007''.
(b) Projects.--The Secretary shall apply the criteria and
procedures referred to in section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) to the following projects:
(1) St. johns bayou and new madrid floodway, missouri.--The
project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4118).
(2) Lower rio grande basin, texas.--The project for flood
control, Lower Rio Grande Basin, Texas, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4125).
(3) West virginia and pennsylvania projects.--The projects
for flood control authorized by section 581 of the Water
Resources Development Act of 1996 (110 Stat. 3790-3791).
SEC. 2034. LEASING AUTHORITY.
Section 4 of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
other purposes'', approved December 22, 1944 (16 U.S.C. 460d), is
amended--
(1) by inserting ``federally recognized Indian tribes and''
before ``Federal'' the first place it appears;
(2) by inserting ``Indian tribes or'' after
``considerations, to such''; and
(3) by inserting ``federally recognized Indian tribe''
after ``That in any such lease or license to a''.
SEC. 2035. COST ESTIMATES.
The estimated Federal and non-Federal costs of projects authorized
to be carried out by the Secretary before, on, or after the date of
enactment of this Act are for informational purposes only and shall not
be interpreted as affecting the cost sharing responsibilities
established by law.
SEC. 2036. PRINCIPLES AND GUIDELINES.
(a) In General.--The Secretary shall issue revised principles and
guidelines for use in the formulation, evaluation, and implementation
of water resources projects. Subject to the requirements of this
section, the revised principles and guidelines shall apply to water
resources projects carried out by the Secretary instead of the
principles and guidelines for such projects in effect on the date of
enactment of this Act.
(b) Content.--The principles and guidelines shall, among other
things--
(1) provide for the consideration of environmental
restoration costs and benefits under Corps of Engineers
economic models;
(2) incorporate new techniques in risk and uncertainty
analysis;
(3) eliminate biases and disincentives for nonstructural
flood damage reduction projects as compared to structural flood
damage reduction projects;
(4) incorporate new analytical techniques;
(5) encourage, to the maximum extent practicable, the
restoration of aquatic ecosystems; and
(6) ensure that water resources projects are justified by
benefits that accrue to the public at large.
(c) Proposed Principles and Guidelines.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register proposed principles and guidelines under
subsection (a).
(2) Consultation.--In developing the proposed principles
and guidelines, the Secretary shall consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Housing and Urban Development, the
Secretary of Transportation, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of Homeland Security, the National Academy of
Sciences, and the Council on Environmental Quality.
(3) Public participation.--The Secretary shall provide
notice and an opportunity for the public to participate in the
development of the proposed principles and guidelines.
(d) Public Comment Following Issuance of Proposed Principles and
Guidelines.--After publication of the proposed principles and
guidelines, the Secretary shall provide an opportunity for the public
to comment on the proposed principles and guidelines. The comment
period shall not be fewer than 60 days.
(e) Final Principles and Guidelines.--
(1) In general.--Not later than 90 days following the last
day of the comment period under subsection (d), the Secretary
shall issue final principles and guidelines under subsection
(a).
(2) Applicability.--After the date of issuance of the final
principles and guidelines, the final principles and guidelines
shall apply--
(A) to all water resources projects carried out by
the Secretary, other than projects for which the
Secretary has commenced a feasibility report before the
date of such issuance;
(B) at the request of a non-Federal interest, to a
water resources project for which the Secretary has
commenced a feasibility report before the date of such
issuance; and
(C) to reevaluation or modification of a water
resources project, other than a reevaluation or
modification that has been commenced by the Secretary
before the date of such issuance.
(f) Existing Studies.--Principles and guidelines issued under
subsection (a) shall not affect the validity of any completed study of
a water resources development project.
SEC. 2037. INDEPENDENT PEER REVIEW.
(a) Project Studies Subject to Independent Peer Review.--
(1) In general.--Project studies shall be subject to a peer
review by an independent panel of experts as determined under
this section.
(2) Scope.--The peer review may include a review of the
economic and environmental assumptions and projections, project
evaluation data, economic analyses, environmental analyses,
engineering analyses, formulation of alternative plans, methods
for integrating risk and uncertainty, models used in evaluation
of economic or environmental impacts of proposed projects, and
any biological opinions of the project study.
(3) Project studies subject to peer review.--
(A) Mandatory.--A project study shall be subject to
peer review under paragraph (1)--
(i) if the project has an estimated total
cost of more than $50,000,000, including
mitigation costs, and is not determined by the
Chief of Engineers to be exempt from peer
review under paragraph (6); or
(ii) the Governor of an affected State
requests a peer review by an independent panel
of experts.
(B) Discretionary.--A project study may be subject
to peer review if--
(i) the head of a Federal or State agency
charged with reviewing the project study
determines that the project is likely to have a
significant adverse impact on environmental,
cultural, or other resources under the
jurisdiction of the agency after implementation
of proposed mitigation plans and requests a
peer review by an independent panel of experts;
or
(ii) the Chief of Engineers determines that
the project study is controversial.
(4) Controversial projects.--Upon receipt of a written
request under paragraph (3)(B) or on the initiative of the
Chief of Engineers, the Chief of Engineers shall determine
whether a project study is controversial.
(5) Factors to consider.--In determining whether a project
study is controversial, the Chief of Engineers shall consider
if--
(A) there is a significant public dispute as to the
size, nature, or effects of the project; or
(B) there is a significant public dispute as to the
economic or environmental costs or benefits of the
project.
(6) Project studies excluded from peer review.--Project
studies that may be excluded from peer review under paragraph
(1) are--
(A) a study for a project the Chief of Engineers
determines--
(i) is not controversial;
(ii) has no more than negligible adverse
impacts on scarce or unique cultural, historic,
or tribal resources;
(iii) has no substantial adverse impacts on
fish and wildlife species and their habitat
prior to the implementation of mitigation
measures; and
(iv) has, before implementation of
mitigation measures, no more than a negligible
adverse impact on a species listed as
endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1539
et seq.) or the critical habitat of such
species designated under such Act; and
(B) a study for a project pursued under section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s),
section 2 of the Flood Control Act of August 28, 1937
(33 U.S.C. 701g), section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r), section 107(a) of the River
and Harbor Act of 1960 (33 U.S.C. 577(a)), section 3 of
the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33
U.S.C. 426g), section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i), section 3 of the Act entitled
``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 2,
1945 (33 U.S.C. 603a), section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a),
section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330), or section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326).
(7) Appeal.--The decision of the Chief of Engineers whether
to peer review a project study shall be published in the
Federal Register and shall be subject to appeal by a person
referred to in paragraph (3)(B)(i) or (3)(B)(ii) to the
Secretary of the Army if such appeal is made within the 30-day
period following the date of such publication.
(8) Determination of project cost.--For purposes of
determining the estimated total cost of a project under
paragraph (3)(A), the project cost shall be based upon the
reasonable estimates of the Chief of Engineers at the
completion of the reconnaissance study for the project. If the
reasonable estimate of project costs is subsequently determined
to be in excess of the amount in paragraph (3)(A), the Chief of
Engineers shall make a determination whether a project study
should be reviewed under this section.
(b) Timing of Peer Review.--The Chief of Engineers shall determine
the timing of a peer review of a project study under subsection (a). In
all cases, the peer review shall occur during the period beginning on
the date of the completion of the reconnaissance study for the project
and ending on the date the draft report of the Chief of Engineers for
the project is made available for public comment. Where the Chief of
Engineers has not initiated a peer review of a project study, the Chief
of Engineers shall consider, at a minimum, whether to initiate a peer
review at the time that--
(1) the without-project conditions are identified;
(2) the array of alternatives to be considered are
identified; and
(3) the preferred alternative is identified.
Nothing in this subsection shall be construed to require the Chief of
Engineers to conduct multiple peer reviews for a project study.
(c) Establishment of Panels.--
(1) In general.--For each project study subject to peer
review under subsection (a), as soon as practicable after the
Chief of Engineers determines that a project study will be
subject to peer review, the Chief of Engineers shall contract
with the National Academy of Sciences (or a similar independent
scientific and technical advisory organization), or an eligible
organization, to establish a panel of experts to peer review
the project study for technical and scientific sufficiency.
(2) Membership.--A panel of experts established for a
project study under this section shall be composed of
independent experts who represent a balance of areas of
expertise suitable for the review being conducted.
(3) Limitation on appointments.--An individual may not be
selected to serve on a panel of experts established for a
project study under this section if the individual has a
financial or close professional association with any
organization or group with a strong financial or organizational
interest in the project.
(4) Congressional notification.--Upon identification of a
project study for peer review under this section, but prior to
initiation of any review, the Chief of Engineers shall notify
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives of such review.
(d) Duties of Panels.--A panel of experts established for a peer
review for a project study under this section shall, consistent with
the scope of the referral for review--
(1) conduct a peer review for the project study submitted
to the panel for review;
(2) assess the adequacy and acceptability of the economic
and environmental methods, models, and analyses used by the
Chief of Engineers;
(3) provide timely written and oral comments to the Chief
of Engineers throughout the development of the project study,
as requested; and
(4) submit to the Chief of Engineers a final report
containing the panel's economic, engineering, and environmental
analysis of the project study, including the panel's assessment
of the adequacy and acceptability of the economic and
environmental methods, models, and analyses used by the Chief
of Engineers, to accompany the publication of the project
study.
(e) Duration of Project Study Peer Reviews.--
(1) Deadline.--A panel of experts shall--
(A) complete its peer review under this section for
a project study and submit a report to the Chief of
Engineers under subsection (d)(4) within 180 days after
the date of establishment of the panel, or, if the
Chief of Engineers determines that a longer period of
time is necessary, such period of time established by
the Chief of Engineers, but in no event later than 90
days after the date a draft project study is made
available for public review; and
(B) terminate on the date of submission of the
report.
(2) Failure to meet deadline.--If a panel does not complete
its peer review of a project study under this section and
submit a report to the Chief of Engineers under subsection
(d)(4) on or before the deadline established by paragraph (1)
for the project study, the Chief of Engineers shall continue
the project study for the project that is subject to peer
review by the panel without delay.
(f) Recommendations of Panel.--
(1) Consideration by the chief of engineers.--After
receiving a report on a project study from a panel of experts
under this section and before entering a final record of
decision for the project, the Chief of Engineers shall consider
any recommendations contained in the report and prepare a
written response for any recommendations adopted or not
adopted.
(2) Public availability and transmittal to congress.--After
receiving a report on a project study from a panel of experts
under this section, the Chief of Engineers shall--
(A) make a copy of the report and any written
response of the Chief of Engineers on recommendations
contained in the report available to the public; and
(B) transmit to Congress a copy of the report,
together with any such written response, on the date of
a final report of the Chief of Engineers or other final
decision document for a project study that is subject
to peer review by the panel.
(g) Costs.--
(1) In general.--The costs of a panel of experts
established for a peer review under this section--
(A) shall be a Federal expense; and
(B) shall not exceed $500,000.
(2) Waiver.--The Chief of Engineers may waive the $500,000
limitation contained in paragraph (1)(B) in cases that the
Chief of Engineers determines appropriate.
(h) Applicability.--This section shall apply to--
(1) project studies initiated during the 2-year period
preceding the date of enactment of this Act and for which the
array of alternatives to be considered has not been identified;
and
(2) project studies initiated during the period beginning
on such date of enactment and ending 4 years after such date of
enactment.
(i) Report.--Within 4\1/2\ years of the date of enactment of this
section, the Chief of Engineers shall submit a report to Congress on
the implementation of this section.
(j) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to any peer review panel established
under this section.
(k) Savings Clause.--Nothing in this section shall be construed to
affect any authority of the Chief of Engineers to cause or conduct a
peer review of a water resources project existing on the date of
enactment of this section.
(l) Definitions.--In this section, the following definitions apply:
(1) Project study.--The term ``project study'' means a
feasibility study or reevaluation study for a project. The term
also includes any other study associated with a modification or
update of a project that includes an environmental impact
statement, including the environmental impact statement.
(2) Affected state.--The term ``affected State'', as used
with respect to a project, means a State all or a portion of
which is within the drainage basin in which the project is or
would be located and would be economically or environmentally
affected as a consequence of the project.
(3) Eligible organization.--The term ``eligible
organization'' means an organization that--
(A) is described in section 501(c)(3), and exempt
from Federal tax under section 501(a), of the Internal
Revenue Code of 1986;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against
Federal water resources projects; and
(E) has experience in establishing and
administering peer review panels.
SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS.
(a) Studies.--
(1) Cost-sharing requirements.--Section 105(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)) is
amended by adding at the end the following:
``(3) Detailed project reports.--The requirements of this
subsection that apply to a feasibility study also shall apply
to a study that results in a detailed project report, except
that--
``(A) the first $100,000 of the costs of a study
that results in a detailed project report shall be a
Federal expense; and
``(B) paragraph (1)(C)(ii) shall not apply to such
a study.''.
(2) Planning and engineering.--Section 105(b) of such Act
(33 U.S.C. 2215(b)) is amended by striking ``authorized by this
Act''.
(3) Definitions.--Section 105 of such Act (33 U.S.C. 2215)
is amended by adding at the end the following:
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Detailed project report.--The term `detailed project
report' means a report for a project not specifically
authorized by Congress in law or otherwise that determines the
feasibility of the project with a level of detail appropriate
to the scope and complexity of the recommended solution and
sufficient to proceed directly to the preparation of contract
plans and specifications. The term includes any associated
environmental impact statement and mitigation plan. For a
project for which the Federal cost does not exceed $1,000,000,
the term includes a planning and design analysis document.
``(2) Feasibility study.--The term `feasibility study'
means a study that results in a feasibility report under
section 905, and any associated environmental impact statement
and mitigation plan, prepared by the Corps of Engineers for a
water resources project. The term includes a study that results
in a project implementation report prepared under title VI of
the Water Resources Development Act of 2000 (114 Stat. 2680-
2694), a general reevaluation report, and a limited
reevaluation report.''.
(b) Reports.--
(1) Preparation.--Section 905(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(a)) is amended--
(A) by striking ``(a) In the case of any'' and
inserting the following:
``(a) Preparation of Reports.--
``(1) In general.--In the case of any'';
(B) by striking ``the Secretary, the Secretary
shall'' and inserting ``the Secretary that results in
recommendations concerning a project or the operation
of a project and that requires specific authorization
by Congress in law or otherwise, the Secretary shall
perform a reconnaissance study and'';
(C) by striking ``Such feasibility report'' and
inserting the following:
``(2) Contents of feasibility reports.--A feasibility
report'';
(D) by striking ``The feasibility report'' and
inserting ``A feasibility report''; and
(E) by striking the last sentence and inserting the
following:
``(3) Applicability.--This subsection shall not apply to--
``(A) any study with respect to which a report has
been submitted to Congress before the date of enactment
of this Act;
``(B) any study for a project, which project is
authorized for construction by this Act and is not
subject to section 903(b);
``(C) any study for a project which does not
require specific authorization by Congress in law or
otherwise; and
``(D) general studies not intended to lead to
recommendation of a specific water resources project.
``(4) Feasibility report defined.--In this subsection, the
term `feasibility report' means each feasibility report, and
any associated environmental impact statement and mitigation
plan, prepared by the Corps of Engineers for a water resources
project. The term includes a project implementation report
prepared under title VI of the Water Resources Development Act
of 2000 (114 Stat. 2680-2694), a general reevaluation report,
and a limited reevaluation report.''.
(2) Projects not specifically authorized by congress.--
Section 905 of such Act is further amended--
(A) in subsection (b) by inserting ``Reconnaissance
Studies.--'' before ``Before initiating'';
(B) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively;
(C) by inserting after subsection (b) the
following:
``(c) Projects Not Specifically Authorized by Congress.--In the
case of any water resources project-related study authorized to be
undertaken by the Secretary without specific authorization by Congress
in law or otherwise, the Secretary shall prepare a detailed project
report.'';
(D) in subsection (d) (as so redesignated) by
inserting ``Indian Tribes.--'' before ``For purposes
of''; and
(E) in subsection (e) (as so redesignated) by
inserting ``Standard and Uniform Procedures and
Practices.--'' before ``The Secretary shall''.
SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT.
(a) In General.--In conducting a feasibility study for the project
for navigation, Atchafalaya River, Bayous Chene, Boeuf, and Black,
Louisiana, being conducted under section 430 of the Water Resources
Development Act of 2000 (114 Stat. 2639), and for the project for
navigation, Houma Navigation Canal, Louisiana, being conducted pursuant
to the Energy and Water Development Appropriations Act, 1995 (Public
Law 103-316), the Secretary shall include in the calculation of
national economic development benefits all economic benefits associated
with contracts for new energy exploration and contracts for the
fabrication of energy infrastructure that would result from carrying
out the project.
(b) Repeal.--Section 6009 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005 (Public Law 109-13; 119 Stat. 282) is repealed.
SEC. 2040. USE OF FIRMS EMPLOYING LOCAL RESIDENTS.
(a) Contracts or Agreements With Private Entities.--In carrying out
construction of a water resources project, the Secretary may enter into
a contract or agreement with a private entity only if the private
entity provides assurances satisfactory to the Secretary that, to the
maximum extent practicable--
(1) local residents in the area of the project will
comprise not less than 50 percent of the workforce employed by
the entity to perform the contract or agreement; and
(2) local residents in the area of the project will
comprise not less than 50 percent of the workforce employed by
each subcontractor at each tier in connection with the contract
or agreement.
(b) Exemptions.--
(1) In general.--The Secretary may waive the application of
subsection (a) with respect to a contract or agreement if the
Secretary determines that compliance with subsection (a) is not
feasible due to--
(A) a lack of qualified local residents to permit
satisfaction of the requirements of subsection (a);
(B) a lack of sufficient numbers of specialized
workers necessary to carry out the project; or
(C) the need to comply with small business or
minority contracting requirements under Federal law.
(2) Documentation.--Any determination by the Secretary
under paragraph (1) to waive the application of subsection (a)
with respect to a contract or agreement shall be justified in
writing.
(c) Regulations.--The Secretary shall issue regulations
establishing local residency and other requirements to facilitate
compliance with this section.
(d) Prior Contracts.--Nothing in this section shall be construed to
affect any contract or agreement entered into before the effective date
of this section.
(e) Effective Date.--This section shall become effective 180 days
after the date of enactment of this Act.
SEC. 2041. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) In General.--Notwithstanding section 2361 of title 10, United
States Code, the Secretary is authorized to provide assistance through
contracts, cooperative agreements, and grants to--
(1) the University of Tennessee, Knoxville, Tennessee, for
establishment and operation of the Southeastern Water Resources
Institute to study sustainable development and utilization of
water resources in the southeastern United States;
(2) Lewis and Clark Community College, Illinois, for the
Great Rivers National Research and Education Center (including
facilities that have been or will be constructed at one or more
locations in the vicinity of the confluence of the Illinois
River, the Missouri River, and the Mississippi River), a
collaborative effort of Lewis and Clark Community College, the
University of Illinois, the Illinois Department of Natural
Resources and Environmental Sciences, and other entities, for
the study of river ecology, developing watershed and river
management strategies, and educating students and the public on
river issues; and
(3) the University of Texas at Dallas for support and
operation of the International Center for Decision and Risk
Analysis to study risk analysis and control methods for
transboundary water resources management in the southwestern
United States and other international water resources
management problems.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out subsection (a)(1)
$5,000,000, to carry out subsection (a)(2) $5,000,000, and to carry out
subsection (a)(3) $5,000,000. Such sums shall remain available until
expended.
SEC. 2042. FEDERAL HOPPER DREDGES.
Section 3(c) of the Act of August 11, 1888 (33 U.S.C. 622; 25 Stat.
423), is amended--
(1) in paragraph (7)(B) 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.''; and
(2) by adding at the end the following:
``(9) Ready reserve for the hopper dredge mcfarland.--The
Secretary shall place the Federal hopper dredge McFarland of
the Corps of Engineers in ready reserve status not later than
October 1, 2008.''.
SEC. 2043. CRITERIA FOR OPERATION AND MAINTENANCE OF HARBOR DREDGING
PROJECTS.
The Secretary shall budget and request appropriations for operation
and maintenance of harbor dredging projects based only upon criteria
used for such projects in fiscal year 2004 and shall not use a budget
standard for such projects based on the amount of tonnage a harbor
handles.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. COOK INLET, ALASKA.
Section 118(a)(3) of the Energy and Water Development
Appropriations Act, 2005 (title I of division C of the Consolidated
Appropriations Act, 2005; 118 Stat. 2945) is amended by inserting ``as
part of the operation and maintenance of such project modification''
after ``by the Secretary''.
SEC. 3002. KING COVE HARBOR, ALASKA.
The maximum amount of Federal funds that may be expended for the
project for navigation, King Cove Harbor, Alaska, being carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
shall be $8,000,000.
SEC. 3003. SITKA, ALASKA.
The Sitka, Alaska, element of the project for navigation, Southeast
Alaska Harbors of Refuge, Alaska, authorized by section 101(1) of the
Water Resources Development Act of 1992 (106 Stat. 4801), is modified
to direct the Secretary to take such action as is necessary to correct
design deficiencies in the Sitka Harbor Breakwater, at full Federal
expense. The estimated cost is $6,300,000.
SEC. 3004. TATITLEK, ALASKA.
The maximum amount of Federal funds that may be expended for the
project for navigation, Tatitlek, Alaska, being carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), shall
be $10,000,000.
SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA.
The project for flood damage reduction, Rio De Flag, Flagstaff,
Arizona, authorized by section 101(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2576), is modified to authorize the
Secretary to construct the project at a total cost of $54,100,000, with
an estimated Federal cost of $35,000,000 and a non-Federal cost of
$19,100,000.
SEC. 3006. OSCEOLA HARBOR, ARKANSAS.
(a) In General.--The project for navigation, Osceola Harbor,
Arkansas, constructed under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), is modified to allow non-Federal interests to
construct a mooring facility within the existing authorized harbor
channel, subject to all necessary permits, certifications, and other
requirements.
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed as affecting the responsibility of the Secretary to
maintain the general navigation features of the project at a bottom
width of 250 feet.
SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS.
The Pine Mountain Dam feature of the project for flood protection,
Lee Creek, Arkansas and Oklahoma, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1078), is modified--
(1) to add environmental restoration as a project purpose;
and
(2) to direct the Secretary to finance the non-Federal
share of the cost of the project over a 30-year period in
accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.
(a) In General.--The project for flood control, American and
Sacramento Rivers, California, authorized by section 101(a)(6)(A) of
the Water Resources Development Act of 1999 (113 Stat. 274), as
modified by section 128 of the Energy and Water Development
Appropriations Act, 2006 (119 Stat. 2259), is further modified to
authorize the Secretary to construct the auxiliary spillway generally
in accordance with the Post Authorization Change Report, American River
Watershed Project (Folsom Dam Modification and Folsom Dam Raise
Projects), dated December 2006, at a total cost of $683,000,000, with
an estimated Federal cost of $444,000,000 and an estimated non-Federal
cost of $239,000,000.
(b) Dam Safety Activities.--Nothing in this section shall be
construed to limit the authority of the Secretary of the Interior to
carry out dam safety activities in connection with the auxiliary
spillway in accordance with the Bureau of Reclamation Safety of Dams
Program.
(c) Transfer of Funds.--The Secretary and the Secretary of the
Interior are authorized to transfer between their respective agencies
appropriated amounts and other available funds (including funds
contributed by non-Federal interests) for the purpose of planning,
design, and construction of the auxiliary spillway. Any transfer made
pursuant to this subsection shall be subject to such terms and
conditions as agreed upon by the Secretary and the Secretary of the
Interior.
SEC. 3009. COMPTON CREEK, CALIFORNIA.
The project for flood control, Los Angeles Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611), is modified to add
environmental restoration and recreation as project purposes.
SEC. 3010. GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA.
The project for aquatic ecosystem restoration, Grayson Creek/
Murderer's Creek, California, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out 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; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA.
The project for environmental restoration, Hamilton Airfield,
California, authorized by section 101(b)(3) of the Water Resources
Development Act of 1999 (113 Stat. 279), is modified to direct the
Secretary to construct the project substantially in accordance with the
report of the Chief of Engineers dated July 19, 2004, at a total cost
of $228,100,000, with an estimated Federal cost of $171,100,000 and an
estimated non-Federal cost of $57,000,000.
SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON SHIP CHANNEL,
CALIFORNIA.
The project for navigation, San Francisco to Stockton, California,
authorized by section 301 of the River and Harbor Act of 1965 (79 Stat.
1091) is modified--
(1) to provide that the non-Federal share of the cost of
the John F. Baldwin Ship Channel and Stockton Ship Channel
element of the project may be provided in the form of in-kind
services and materials; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of such element the cost of planning
and design work carried out by the non-Federal interest before
the date of an agreement for such planning and design if the
Secretary determines that such work is integral to such
element.
SEC. 3013. KAWEAH RIVER, CALIFORNIA.
The project for flood control, Terminus Dam, Kaweah River,
California, authorized by section 101(b)(5) of the Water Resources
Development Act of 1996 (110 Stat. 3658), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project, or provide reimbursement not to exceed $800,000, for the costs
of any work carried out by the non-Federal interest before, on, or
after the date of the project partnership agreement if the Secretary
determines that the work is integral to the project.
SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA.
The project for navigation, Larkspur Ferry Channel, Larkspur,
California, authorized by section 601(d) of the Water Resources
Development Act of 1986 (100 Stat. 4148), is modified to direct the
Secretary to determine whether maintenance of the project is feasible,
and if the Secretary determines that maintenance of the project is
feasible, to carry out such maintenance.
SEC. 3015. LLAGAS CREEK, CALIFORNIA.
(a) In General.--The project for flood damage reduction, Llagas
Creek, California, authorized by section 501(a) of the Water Resources
Development Act of 1999 (113 Stat. 333), is modified to authorize the
Secretary to carry out the project at a total cost of $105,000,000,
with an estimated Federal cost of $65,000,000, and an estimated non-
Federal cost of $40,000,000.
(b) Special Rule.--In evaluating and implementing the project, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184) to the extent that
the Secretary's evaluation indicates that applying such section is
necessary to implement the project.
SEC. 3016. MAGPIE CREEK, CALIFORNIA.
(a) In General.--The project for Magpie Creek, California,
authorized under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), is modified to direct the Secretary to apply the cost-
sharing requirements of section 103(b) of the Water Resources
Development Act of 1986 (100 Stat. 4085) for the portion of the project
consisting of land acquisition to preserve and enhance existing
floodwater storage.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of planning and design work
carried out 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.
SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA.
The project for aquatic ecosystem restoration, Pacific Flyway
Center, Sacramento, California, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified to authorize the Secretary to expend $2,000,000 to enhance
public access to the project.
SEC. 3018. PINOLE CREEK, CALIFORNIA.
The project for improvement of the quality of the environment,
Pinole Creek Phase I, California, being carried out under section 1135
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of work carried out 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.
SEC. 3019. PRADO DAM, CALIFORNIA.
Upon completion of the modifications to the Prado Dam element of
the project for flood control, Santa Ana River Mainstem, California,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4113), the Memorandum of Agreement for the Operation
for Prado Dam for Seasonal Additional Water Conservation between the
Department of the Army and the Orange County Water District (including
all the conditions and stipulations in the memorandum) shall remain in
effect for volumes of water made available prior to such modifications.
SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA.
(a) In General.--The Secretary shall provide credit to the
Sacramento Area Flood Control Agency, in the amount of $20,503,000, for
the non-reimbursed Federal share of costs incurred by the Agency in
connection the project for flood control and recreation, Sacramento and
American Rivers, California (Natomas Levee features), authorized by
section 9159 of the Department of Defense Appropriations Act, 1993 (106
Stat. 1944).
(b) Allocation of Credit.--The Secretary shall allocate the amount
to be credited under subsection (a) toward the non-Federal share of
such projects as are requested by the Sacramento Area Flood Control
Agency.
SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship Channel,
California, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4092), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the cost of planning and design work carried out 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.
SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA.
The project for navigation, Santa Cruz Harbor, California,
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat.
300) and modified by section 809 of the Water Resources Development Act
of 1986 (100 Stat. 4168) and section 526 of the Water Resources
Development Act of 1999 (113 Stat. 346), is modified to direct the
Secretary--
(1) to renegotiate the memorandum of agreement with the
non-Federal interest to increase the annual payment to reflect
the updated cost of operation and maintenance that is the
Federal and non-Federal share as provided by law based on the
project purpose; and
(2) to revise the memorandum of agreement to include terms
that revise such payments for inflation.
SEC. 3023. SEVEN OAKS DAM, CALIFORNIA.
The project for flood control, Santa Ana Mainstem, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4113) and modified by section 104 of the Energy and Water
Development Appropriations Act, 1988 (101 Stat. 1329-11), section
102(e) of the Water Resources Development Act of 1990 (104 Stat. 4611),
and section 311 of the Water Resources Development Act of 1996 (110
Stat. 3713), is further modified to direct the Secretary to conduct a
study of water conservation and water quality at the Seven Oaks Dam,
California, for water conservation.
SEC. 3024. UPPER GUADALUPE RIVER, CALIFORNIA.
The project for flood damage reduction and recreation, Upper
Guadalupe River, California, authorized by section 101(a)(9) of the
Water Resources Development Act of 1999 (113 Stat. 275), is modified to
authorize the Secretary to construct the project generally in
accordance with the Upper Guadalupe River Flood Damage Reduction, San
Jose, California, Limited Reevaluation Report, dated March, 2004, at a
total cost of $244,500,000.
SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA.
The project for aquatic ecosystem restoration, Walnut Creek
Channel, California, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330), is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out 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; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA.
The project for improvement of the quality of the environment,
Wildcat/San Pablo Creek Phase I, California, being carried out under
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a), is modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work carried out
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.
SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA.
The project for aquatic ecosystem restoration, Wildcat/San Pablo
Creek Phase II, California, being carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified
to direct the Secretary to credit toward the non-Federal share of the
cost of the project the cost of work carried out 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
and to authorize the Secretary to consider national ecosystem
restoration benefits in determining the Federal interest in the
project.
SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA.
The project for flood damage reduction, Yuba River Basin,
California, authorized by section 101(a)(10) of the Water Resources
Development Act of 1999 (113 Stat. 275), is modified--
(1) to authorize the Secretary to construct the project at
a total cost of $107,700,000, with an estimated Federal cost of
$70,000,000 and an estimated non-Federal cost of $37,700,000;
and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out 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.
SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO.
Section 808 of the Water Resources Development Act of 1986 (100
Stat. 4168) is amended by striking ``agriculture,'' and inserting
``agriculture, environmental restoration,''.
SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY,
DELAWARE AND MARYLAND.
The project for navigation, Intracoastal Waterway, Delaware River
to Chesapeake Bay, Delaware and Maryland, authorized by the first
section of the Rivers and Harbors Act of August 30, 1935 (49 Stat.
1030), and section 101 of the River and Harbor Act of 1954 (68 Stat.
1249), is modified to add recreation as a project purpose.
SEC. 3031. BREVARD COUNTY, FLORIDA.
(a) Shoreline.--The project for shoreline protection, Brevard
County, Florida, authorized by section 101(b)(7) of the Water Resources
Development Act of 1996 (110 Stat. 3667), is modified--
(1) to direct the Secretary to establish the reach of the
project as the reach between the Florida department of
environmental protection monuments 75.4 to 118.3, a distance of
7.6 miles; and
(2) to direct the Secretary to expedite the general
reevaluation report required by section 418 of the Water
Resources Development Act of 2000 (114 Stat. 2637).
(b) Credit.--Section 310 of the Water Resources Development Act of
1999 (113 Stat. 301) is amended by adding at the end the following:
``(d) Credit.--After completion of the study, the Secretary shall
credit toward the non-Federal share of the cost of the project for
shore protection the cost of nourishment and renourishment associated
with the project for shore protection incurred by the non-Federal
interest to respond to damages to Brevard County beaches that are the
result of a Federal navigation project, as determined in the final
report for the study.''.
SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.
The project for shore protection, Broward County and Hillsboro
Inlet, Florida, authorized by section 301 of the River and Harbor Act
of 1965 (79 Stat. 1090), and modified by section 311 of the Water
Resources Development Act of 1999 (113 Stat. 301), is further modified
to direct the Secretary to credit toward the non-Federal share of the
cost of the project the cost of mitigation construction and derelict
erosion control structure removal carried out 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.
SEC. 3033. CANAVERAL HARBOR, FLORIDA.
In carrying out the project for navigation, Canaveral Harbor,
Florida, authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1174), the Secretary shall construct a sediment trap.
SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero Island
segments, Lee County, Florida, authorized by section 201 of the Flood
Control Act of 1965 (79 Stat. 1073), by Senate Resolution dated
December 17, 1970, and by House Resolution dated December 15, 1970, and
modified by section 309 of the Water Resources Development Act of 2000
(114 Stat. 2602), is further modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the cost of
work carried out 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.
SEC. 3035. JACKSONVILLE HARBOR, FLORIDA.
(a) In General.--The project for navigation, Jacksonville Harbor,
Florida, authorized by section 101(a)(17) of the Water Resources
Development Act of 1999 (113 Stat. 276), is modified to authorize the
Secretary to extend the navigation features in accordance with the
Report of the Chief of Engineers, dated July 22, 2003, at a total cost
of $14,658,000, with an estimated Federal cost of $9,636,000 and an
estimated non-Federal cost of $5,022,000.
(b) General Reevaluation Reports.--The non-Federal share of the
cost of the general reevaluation report that resulted in the report of
the Chief of Engineers for the project and the non-Federal share of the
cost of the general reevaluation report for Jacksonville Harbor,
Florida, being conducted on June 1, 2005, shall each be the same
percentage as the non-Federal share of the cost of construction of the
project.
(c) Agreement.--The Secretary shall enter into new partnership
agreements with the non-Federal interest to reflect the cost sharing
required by subsection (b).
SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA.
(a) In General.--The project for shore protection, Lido Key Beach,
Sarasota, Florida, authorized by section 101 of the River and Harbor
Act of 1970 (84 Stat. 1819), deauthorized under section 1001(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), and
reauthorized by section 364(2)(A) of the Water Resources Development
Act of 1999 (113 Stat. 313), is modified to direct the Secretary to
construct the project substantially in accordance with the report of
the Chief of Engineers dated December 22, 2004, at a total cost of
$15,190,000, with an estimated Federal cost of $9,320,000 and an
estimated non-Federal cost of $5,870,000, and at an estimated total
cost of $65,000,000 for periodic nourishment over the 50-year life of
the project.
(b) Construction of Shoreline Protection Projects by Non-Federal
Interests.--The Secretary shall enter into a partnership agreement with
the non-Federal interest in accordance with section 206 of the Water
Resources Development Act of 1992 (33 U.S.C. 426i-1) for the modified
project.
SEC. 3037. MIAMI HARBOR, FLORIDA.
The project for navigation, Miami Harbor Channel, Florida,
authorized by section 101(a)(9) of the Water Resources Development Act
of 1990 (104 Stat. 4606) and modified by section 315 of the Water
Resources Development Act of 1999 (113 Stat. 302), is further
modified--
(1) to include as a project purpose environmental
mitigation required before July 18, 2003, by a Federal, State,
or local environmental agency for unauthorized or unanticipated
environmental impacts within, or in the vicinity of, the
authorized project; and
(2) to direct the Secretary to reimburse the non-Federal
interest for the Federal share of the costs the non-Federal
interest has incurred in construction of the project (including
environmental mitigation costs and costs incurred for
incomplete usable increments of the project) in accordance with
section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232).
SEC. 3038. PEANUT ISLAND, FLORIDA.
The maximum amount of Federal funds that may be expended for the
project for improvement of the quality of the environment, Peanut
Island, Palm Beach County, Florida, being carried out under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a)
shall be $9,750,000.
SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.
The project for navigation, Tampa Harbor-Big Bend Channel, Florida,
authorized by section 101(a)(18) of the Water Resources Development Act
of 1999 (113 Stat. 276) is modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the cost of
planning, design, and construction work carried out 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.
SEC. 3040. TAMPA HARBOR CUT B, FLORIDA.
(a) In General.--The project for navigation, Tampa Harbor, Florida,
authorized by section 101 of the River and Harbor Act of 1970 (84 Stat.
1818), is modified to authorize the Secretary to construct passing
lanes in an area approximately 3.5 miles long and centered on Tampa
Harbor Cut B if the Secretary determines that such improvements are
necessary for navigation safety.
(b) General Reevaulation Report.--The non-Federal share of the cost
of the general reevaluation report for Tampa Harbor, Florida, being
conducted on June 1, 2005, shall be the same percentage as the non-
Federal share of the cost of construction of the project.
(c) Agreement.--The Secretary shall enter into a new partnership
agreement with the non-Federal interest to reflect the cost sharing
required by subsection (b).
SEC. 3041. ALLATOONA LAKE, GEORGIA.
(a) Land Exchange.--
(1) In general.--The Secretary may exchange lands above 863
feet in elevation at Allatoona Lake, Georgia, identified in the
Real Estate Design Memorandum prepared by the Mobile district
engineer, April 5, 1996, and approved October 8, 1996, for
lands on the north side of Allatoona Lake that are needed for
wildlife management and for protection of the water quality and
overall environment of Allatoona Lake.
(2) Terms and conditions.--The basis for all land exchanges
under this subsection shall be a fair market appraisal so that
lands exchanged are of equal value.
(b) Disposal and Acquisition of Lands, Allatoona Lake, Georgia.--
(1) In general.--The Secretary may also sell lands above
863 feet in elevation at Allatoona Lake, Georgia, identified in
the memorandum referred to in subsection (a)(1) and may use the
proceeds to pay costs associated with the purchase of lands
needed for wildlife management and for protection of the water
quality and overall environment of Allatoona Lake.
(2) Terms and conditions.--Land sales and purchases to be
conducted under this subsection shall be subject to the
following terms and conditions:
(A) Lands acquired under this subsection shall be
by negotiated purchase from willing sellers only.
(B) The basis for all transactions under the
program shall be a fair market appraisal acceptable to
the Secretary.
(C) The purchasers shall share in the associated
real estate costs, to include surveys and associated
fees in accordance with the memorandum referred to in
subsection (a)(1).
(D) Any other conditions that the Secretary may
impose.
(c) Repeal.--Section 325 of the Water Resources Development Act of
1992 (106 Stat. 4849) is repealed.
SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEORGIA.
The maximum amount of Federal funds that may be expended for the
project for improvement of the quality of the environment, Latham
River, Glynn County, Georgia, being carried out under section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C. 2309a) shall be
$6,175,000.
SEC. 3043. DWORSHAK DAM AND RESERVOIR IMPROVEMENTS, IDAHO.
The Secretary may carry out improvements to recreational facilities
at the Dworshak Dam and Reservoir, North Fork, Clearwater River, Idaho,
authorized by section 203 of the Flood Control Act of 1962 (76 Stat.
1193), to accommodate lower pool levels.
SEC. 3044. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN, ILLINOIS.
(a) In General.--The project for navigation, Muscooten Bay,
Illinois River, Beardstown Community Boat Harbor, Beardstown, Illinois,
constructed under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), is modified--
(1) to include the channel between the harbor and the
Illinois River; and
(2) to direct the Secretary to enter into a partnership
agreement with the city of Beardstown to replace the local
cooperation agreement dated August 18, 1983, with the
Beardstown Community Park District.
(b) Terms of Partnership Agreement.--The partnership agreement
referred to in subsection (a) shall include the same rights and
responsibilities as the local cooperation agreement dated August 18,
1983, changing only the identity of the non-Federal sponsor.
(c) Maintenance.--Following execution of the partnership agreement
referred to in subsection (a), the Secretary may carry out maintenance
of the project referred to in subsection (a) on an annual basis.
SEC. 3045. CACHE RIVER LEVEE, ILLINOIS.
The Cache River Levee constructed for flood control at the Cache
River, Illinois, and authorized by the Act of June 28, 1938 (52 Stat.
1217), is modified to add environmental restoration as a project
purpose.
SEC. 3046. CHICAGO RIVER, ILLINOIS.
The navigation channel for the North Branch Canal portion of the
Chicago River, authorized by the first section of the Rivers and
Harbors Appropriations Act of March 3, 1899 (30 Stat. 1129), extending
from 100 feet downstream of the Halsted Street Bridge to 100 feet
upstream of the Division Street Bridge is modified to be no wider than
66 feet.
SEC. 3047. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT,
ILLINOIS.
(a) Treatment as Single Project.--The Chicago Sanitary and Ship
Canal Dispersal Barrier Project (in this section referred to as
``Barrier I'') (as in existence on the date of enactment of this Act),
constructed as a demonstration project under section 1202(i)(3) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722(i)(3)), and the project relating to the Chicago Sanitary
and Ship Canal Dispersal Barrier, authorized by section 345 of the
District of Columbia Appropriations Act, 2005 (Public Law 108-335; 118
Stat. 1352) (in this section referred to as ``Barrier II''), shall be
considered to constitute a single project.
(b) Authorization.--
(1) In general.--The Secretary, at Federal expense, shall--
(A) upgrade and make permanent Barrier I;
(B) construct Barrier II, notwithstanding the
project cooperation agreement with the State of
Illinois dated June 14, 2005;
(C) operate and maintain Barrier I and Barrier II
as a system to optimize effectiveness;
(D) conduct, in consultation with appropriate
Federal, State, local, and nongovernmental entities, a
study of a range of options and technologies for
reducing impacts of hazards that may reduce the
efficacy of the Barriers; and
(E) provide to each State a credit in an amount
equal to the amount of funds contributed by the State
toward Barrier II.
(2) Use of credit.--A State may apply a credit provided to
the State under paragraph (1)(E) to any cost sharing
responsibility for an existing or future Federal project
carried out by the Secretary in the State.
(c) Conforming Amendment.--Section 345 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352), is
amended to read as follows:
``SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIER,
ILLINOIS.
``There are authorized to be appropriated such sums as may be
necessary to carry out the Barrier II project of the project for the
Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated
pursuant to section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2294 note; 100 Stat. 4251).''.
(d) Feasibility Study.--The Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental entities, shall
conduct, at Federal expense, a feasibility study of the range of
options and technologies available to prevent the spread of aquatic
nuisance species between the Great Lakes and Mississippi River Basins
through the Chicago Sanitary and Ship Canal and other pathways.
SEC. 3048. EMIQUON, ILLINOIS.
(a) Maximum Amount.--The maximum amount of Federal funds that may
be expended for the project for aquatic ecosystem restoration, Emiquon,
Illinois, being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330), shall be $7,500,000.
(b) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance under
section 5(a) of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
for other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
SEC. 3049. LASALLE, ILLINOIS.
In carrying out section 312 of the Water Resources Development Act
of 1990 (104 Stat. 4639-4640), the Secretary shall give priority to
work in the vicinity of LaSalle, Illinois, on the Illinois and Michigan
Canal.
SEC. 3050. SPUNKY BOTTOMS, ILLINOIS.
(a) Project Purpose.--The project for flood control, Spunky
Bottoms, Illinois, authorized by section 5 of the Flood Control Act of
June 22, 1936 (49 Stat. 1583), is modified to add environmental
restoration as a project purpose.
(b) Maximum Amount.--The maximum amount of Federal funds that may
be expended for the project for improvement of the quality of the
environment, Spunky Bottoms, Illinois, being carried out under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a),
shall be $7,500,000.
(c) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance under
section 5(a) of the Act entitled ``An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and
for other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
SEC. 3051. FORT WAYNE AND VICINITY, INDIANA.
The project for flood control Fort Wayne, St. Mary's and Maumee
Rivers, Indiana, authorized by section 101(a)(11) of the Water
Resources Development Act of 1990 (104 Stat. 4604), is modified--
(1) to direct the Secretary to provide a 100-year level of
flood protection at the Berry-Thieme, Park-Thompson, Woodhurst,
and Tillman sites along the St. Mary's River, Fort Wayne and
vicinity, Indiana, at a total cost of $5,300,000; and
(2) to allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of
the Water Resources Development Act of 1986 (100 Stat. 4184) to
the extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
SEC. 3052. KOONTZ LAKE, INDIANA.
The project for aquatic ecosystem restoration, Koontz Lake,
Indiana, being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330) and modified by section 520 of
the Water Resources Development Act of 2000 (114 Stat. 2655), is
further modified to direct the Secretary to seek to reduce the cost of
the project by using innovative technologies and cost reduction
measures determined from a review of non-Federal lake dredging projects
in the vicinity of Koontz Lake.
SEC. 3053. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of White
River, Indiana, authorized by section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved June 22,
1936 (49 Stat. 1586), and modified by section 323 of the Water
Resources Development Act of 1996 (110 Stat. 3716) and section 322 of
the Water Resources Development Act of 1999 (113 Stat. 303-304), is
further modified--
(1) to authorize the Secretary to undertake the riverfront
alterations described in the Central Indianapolis Waterfront
Concept Plan, dated February 1994, for the Fall Creek Reach
feature at a total cost of $28,545,000; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning,
design, and construction work carried out 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.
SEC. 3054. DES MOINES RIVER AND GREENBELT, IOWA.
The project for the Des Moines Recreational River and Greenbelt,
Iowa, authorized by Public Law 99-88 and modified by section 604 of the
Water Resources Development Act of 1986 (100 Stat. 4153), is modified
to include enhanced public access and recreational enhancements, at a
Federal cost of $3,000,000.
SEC. 3055. RATHBUN LAKE, IOWA.
(a) Right of First Refusal.--The Secretary shall provide, in
accordance with the recommendations in the Rathbun Lake Reallocation
Report approved by the Chief of Engineers on July 22, 1985, the Rathbun
Regional Water Association with the right of first refusal to contract
for or purchase any increment of the remaining allocation (8,320 acre-
feet) of water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water Association shall
pay the cost of any water supply storage allocation provided under
subsection (a).
SEC. 3056. PRESTONSBURG, KENTUCKY.
The Prestonsburg, Kentucky, element of the project for flood
control, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers,
West Virginia, Virginia, and Kentucky, authorized by section 202(a) of
the Energy and Water Development Appropriations Act, 1981 (94 Stat.
1339), is modified to direct the Secretary to take measures to provide
a 100-year level of flood protection for the city of Prestonsburg.
SEC. 3057. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON ROUGE
PARISH WATERSHED.
The project for flood damage reduction and recreation, Amite River
and Tributaries, Louisiana, East Baton Rouge Parish Watershed,
authorized by section 101(a)(21) of the Water Resources Development Act
of 1999 (113 Stat. 277) and modified by section 116 of division D of
Public Law 108-7 (117 Stat. 140), is further modified--
(1) to direct the Secretary to carry out the project with
the cost sharing for the project determined in accordance with
section 103(a) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(a)), as in effect on October 11, 1996;
(2) to authorize the Secretary to construct the project at
a total cost of $187,000,000; and
(3) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out 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.
SEC. 3058. ATCHAFALAYA BASIN, LOUISIANA.
(a) In General.--Section 315(a)(1) of the Water Resources
Development Act of 2000 (114 Stat. 2603-2604) is amended to read as
follows:
``(1) is authorized to study, design, construct, operate,
and maintain, at Federal expense, a Type A Regional Visitor
Center in the vicinity of Morgan City, Louisiana, in
consultation with the State of Louisiana, to provide
information to the public on the Atchafalaya River system and
other associated waterways that have influenced surrounding
communities, and national and local water resources development
of the Army Corps of Engineers in South Central Louisiana;
and''.
(b) Technical Correction.--Section 315(b) of such Act is amended by
striking ``(a)'' and inserting ``(a)(2)''.
(c) Donations.--Section 315 of such Act is amended by adding at the
end the following:
``(c) Donations.--In carrying out subsection (a)(1), the
Mississippi River Commission is authorized to accept the donation of
cash, funds, lands, materials, and services from non-Federal
governmental entities and nonprofit corporations.''.
SEC. 3059. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The public access feature of the Atchafalaya Basin Floodway System
project, Louisiana, authorized by section 601(a) of the Water Resources
Development Act 1986 (100 Stat. 4142), is modified to authorize the
Secretary to acquire from willing sellers the fee interest, exclusive
of oil, gas, and minerals, of an additional 20,000 acres of land within
the Lower Atchafalaya Basin Floodway for the public access feature of
the Atchafalaya Basin Floodway System, to enhance fish and wildlife
resources, at a total cost of $4,000,000.
SEC. 3060. BAYOU PLAQUEMINE, LOUISIANA.
The project for the improvement of the quality of the environment,
Bayou Plaquemine, Louisiana, being carried out under section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of work carried out 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.
SEC. 3061. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI RIVER TO
SHREVEPORT, LOUISIANA.
The project for mitigation of fish and wildlife losses, J. Bennett
Johnston Waterway, Mississippi River to Shreveport, Louisiana,
authorized by section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4142) and modified by section 4(h) of the Water
Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613), section
301(b)(7) of the Water Resources Development Act of 1996 (110 Stat.
3710), and section 316 of the Water Resources Development Act of 2000
(114 Stat. 2572), is further modified--
(1) to authorize the purchase and reforesting of lands that
have been cleared or converted to agricultural uses; and
(2) to incorporate current wildlife and forestry management
practices for the purpose of improving species diversity on
mitigation lands that meet Federal and State of Louisiana
habitat goals and objectives.
SEC. 3062. MELVILLE, LOUISIANA.
Section 315(a)(2) of the Water Resources Development Act of 2000
(114 Stat. 2603) is amended by inserting before the period at the end
the following: ``and may include the town of Melville, Louisiana, as
one of the alternative sites''.
SEC. 3063. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized as part
of the project for hurricane-flood protection on Lake Pontchartrain,
Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat.
1077) and modified by section 365 of the Water Resources Development
Act of 1996 (110 Stat. 3739), is further modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the costs of relocating oyster beds in the Davis Pond project
area if the Secretary determines that the work is integral to the
Mississippi Delta Region project.
SEC. 3064. NEW ORLEANS TO VENICE, LOUISIANA.
The New Orleans to Venice, Louisiana, project for hurricane
protection, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1184), is modified to authorize the Secretary to carry out
the work on the St. Jude to City Price, Upper Reach A back levee. The
Federal share of the cost of such work shall be 70 percent.
SEC. 3065. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY CANAL),
LOUISIANA.
Section 328 of the Water Resources Development Act of 1999 (113
Stat. 304-305) is amended--
(1) in subsection (a)--
(A) by striking ``operation and maintenance'' and
inserting ``operation, maintenance, rehabilitation,
repair, and replacement''; and
(B) by striking ``Algiers Channel'' and inserting
``Algiers Canal Levees''; and
(2) by adding at the end the following:
``(c) Cost Sharing.--The non-Federal share of the cost of the
project shall be 35 percent.''.
SEC. 3066. CAMP ELLIS, SACO, MAINE.
The maximum amount of Federal funds that may be expended for the
project being carried out under section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i) for the mitigation of shore damages
attributable to the project for navigation, Camp Ellis, Saco, Maine,
shall be $26,900,000.
SEC. 3067. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN.
(a) In General.--The project for emergency streambank and shoreline
protection, Detroit River Shoreline, Detroit, Michigan, being carried
out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r),
is modified to include measures to enhance public access.
(b) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $3,000,000.
SEC. 3068. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
Section 426 of the Water Resources Development Act of 1999 (113
Stat. 326) is amended to read as follows:
``SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Management plan.--The term `management plan' means
the management plan for the St. Clair River and Lake St. Clair,
Michigan, that is in effect as of the date of enactment of the
Water Resources Development Act of 2006.
``(2) Partnership.--The term `partnership' means the
partnership established by the Secretary under subsection
(b)(1).
``(b) Partnership.--
``(1) In general.--The Secretary shall establish and lead a
partnership of appropriate Federal agencies (including the
Environmental Protection Agency) and the State of Michigan
(including political subdivisions of the State)--
``(A) to promote cooperation among the Federal,
State, and local governments and other involved parties
in the management of the St. Clair River and Lake St.
Clair watersheds; and
``(B) develop and implement projects consistent
with the management plan.
``(2) Coordination with actions under other law.--
``(A) In general.--Actions taken under this section
by the partnership shall be coordinated with actions to
restore and conserve the St. Clair River and Lake St.
Clair and watersheds taken under other provisions of
Federal and State law.
``(B) No effect on other law.--Nothing in this
section alters, modifies, or affects any other
provision of Federal or State law.
``(c) Implementation of St. Clair River and Lake St. Clair
Management Plan.--
``(1) In general.--The Secretary shall--
``(A) develop a St. Clair River and Lake St. Clair
strategic implementation plan in accordance with the
management plan;
``(B) provide technical, planning, and engineering
assistance to non-Federal interests for developing and
implementing activities consistent with the management
plan;
``(C) plan, design, and implement projects
consistent with the management plan; and
``(D) provide, in coordination with the
Administrator of the Environmental Protection Agency,
financial and technical assistance, including grants,
to the State of Michigan (including political
subdivisions of the State) and interested nonprofit
entities for the planning, design, and implementation
of projects to restore, conserve, manage, and sustain
the St. Clair River, Lake St. Clair, and associated
watersheds.
``(2) Specific measures.--Financial and technical
assistance provided under subparagraphs (B) and (C) of
paragraph (1) may be used in support of non-Federal activities
consistent with the management plan.
``(d) Supplements to Management Plan and Strategic Implementation
Plan.--In consultation with the partnership and after providing an
opportunity for public review and comment, the Secretary shall develop
information to supplement--
``(1) the management plan; and
``(2) the strategic implementation plan developed under
subsection (c)(1)(A).
``(e) Cost Sharing.--
``(1) In-kind services.--The non-Federal share of the cost
of technical assistance under subsection (c), the cost of
planning, design, and construction of a project under
subsection (c), and the cost of development of supplementary
information under subsection (d) may be provided through the
provision of in-kind services.
``(2) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal sponsor for the value of
any land, easements, rights-of-way, dredged material disposal
areas, or relocations required in carrying out a project under
subsection (c).
``(3) Nonprofit entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
Federal interest for any project carried out under this section
may include a nonprofit entity.
``(4) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
projects carried out under this section shall be non-Federal
responsibilities.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.''.
SEC. 3069. ST. JOSEPH HARBOR, MICHIGAN.
The Secretary shall expedite development of the dredged material
management plan for the project for navigation, St. Joseph Harbor,
Michigan, authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 299).
SEC. 3070. SAULT SAINTE MARIE, MICHIGAN.
(a) In General.--The text of section 1149 of the Water Resources
Development Act of 1986 (100 Stat. 4254) is amended to read as follows:
``The Secretary shall construct at Federal expense a second lock,
of a width not less than 110 feet and a length not less than 1,200
feet, adjacent to the existing lock at Sault Sainte Marie, Michigan,
generally in accordance with the report of the Board of Engineers for
Rivers and Harbors, dated May 19, 1986, and the limited reevaluation
report dated February 2004 at a total cost of $341,714,000.''.
(b) Conforming Repeals.--The following provisions are repealed:
(1) Section 107(a)(8) of the Water Resources Development
Act of 1990 (104 Stat. 4620).
(2) Section 330 of the Water Resources Development Act of
1996 (110 Stat. 3717-3718).
(3) Section 330 of the Water Resources Development Act of
1999 (113 Stat. 305).
SEC. 3071. ADA, MINNESOTA.
(a) In General.--The project for flood damage reduction, Wild Rice
River, Ada, Minnesota, being carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), is modified to authorize the
Secretary to consider national ecosystem restoration benefits in
determining the Federal interest in the project.
(b) Evaluation of Benefits and Costs.--In evaluating the economic
benefits and costs for the project, the Secretary shall not consider
the emergency levee adjacent to Judicial Ditch No. 51 in the
determination of conditions existing prior to construction of the
project.
(c) Special Rule.--In evaluating and implementing the project, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184) to the extent that
the Secretary's evaluation indicates that applying such section is
necessary to implement the project.
SEC. 3072. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.
(a) In General.--The project for navigation, Duluth Harbor, McQuade
Road, Minnesota, being carried out under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) and modified by section 321 of the
Water Resources Development Act of 2000 (114 Stat. 2605), is further
modified to authorize the Secretary to provide public access and
recreational facilities as generally described in the Detailed Project
Report and Environmental Assessment, McQuade Road Harbor of Refuge,
Duluth, Minnesota, dated August 1999.
(b) Credit.--The Secretary shall provide credit toward the non-
Federal share of the cost of the project for the costs of design work
carried out before the date of the partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
(c) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $9,000,000.
SEC. 3073. GRAND MARAIS, MINNESOTA.
The project for navigation, Grand Marais, Minnesota, carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577)
is modified to direct the Secretary to provide credit toward the non-
Federal share of the cost of the project the cost of design work
carried out before the date of the partnership agreement for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3074. GRAND PORTAGE HARBOR, MINNESOTA.
The Secretary shall provide credit toward the non-Federal share of
the cost of the navigation project for Grand Portage Harbor, Minnesota,
carried out under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), for the costs of design work carried out before the date
of the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3075. GRANITE FALLS, MINNESOTA.
(a) In General.--The Secretary is directed to implement under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) the
locally preferred plan for flood damage reduction, Granite Falls,
Minnesota, substantially in accordance with the detailed project report
dated 2002, at a total cost of $12,000,000, with an estimated Federal
cost of $8,000,000 and an estimated non-Federal cost of $4,000,000.
(b) Project Financing.--In evaluating and implementing the project
under this section, the Secretary shall allow the non-Federal interests
to participate in the financing of the project in accordance with
section 903(c) of the Water Resources Development Act of 1986 (100
Stat. 4184), to the extent that the detailed project report evaluation
indicates that applying such section is necessary to implement the
project.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the project the cost of design and construction work carried
out by the non-Federal interest before the date of execution of a
partnership agreement for the project if the Secretary determines that
the work is integral to the project.
(d) Maximum Funding.--The maximum amount of Federal funds that may
be expended for the flood damage reduction shall be $8,000,000.
SEC. 3076. KNIFE RIVER HARBOR, MINNESOTA.
The project for navigation, Harbor at Knife River, Minnesota,
authorized by section 2 of the Rivers and Harbors Act of March 2, 1945
(59 Stat. 19), is modified to direct the Secretary to develop a final
design and prepare plans and specifications to correct the harbor
entrance and mooring conditions at the project.
SEC. 3077. RED LAKE RIVER, MINNESOTA.
The project for flood control, Red Lake River, Crookston,
Minnesota, authorized by section 101(a)(23) of the Water Resources
Development Act of 1999 (113 Stat. 278), is modified to include flood
protection for the adjacent and interconnected areas generally known as
the Sampson and Chase/Loring neighborhoods, in accordance with the
feasibility report supplement for local flood protection, Crookston,
Minnesota, at a total cost of $25,000,000, with an estimated Federal
cost of $16,250,000 and an estimated non-Federal cost of $8,750,000.
SEC. 3078. SILVER BAY, MINNESOTA.
The project for navigation, Silver Bay, Minnesota, authorized by
section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19),
is modified to include operation and maintenance of the general
navigation facilities as a Federal responsibility.
SEC. 3079. TACONITE HARBOR, MINNESOTA.
The project for navigation, Taconite Harbor, Minnesota, carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
is modified to include operation and maintenance of the general
navigation facilities as a Federal responsibility.
SEC. 3080. TWO HARBORS, MINNESOTA.
(a) In General.--The project for navigation, Two Harbors,
Minnesota, being carried out under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), is modified to include construction of a
dredged material disposal facility, including actions required to clear
the site.
(b) Lands, Easements, and Rights-of-Way.--Non-Federal interests
shall be responsible for providing all lands, easements, rights-of-way,
and relocations necessary for the construction of the dredged material
disposal facility.
(c) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project shall be $7,000,000.
SEC. 3081. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI.
The project for ecosystem restoration, Deer Island, Harrison
County, Mississippi, being carried out under section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326), is modified to
authorize the non-Federal interest to provide any portion of the non-
Federal share of the cost of the project in the form of in-kind
services and materials.
SEC. 3082. PEARL RIVER BASIN, MISSISSIPPI.
(a) In General.--The Secretary shall complete a feasibility study
for the project for flood damage reduction, Pearl River Watershed,
Mississippi.
(b) Comparison of Alternatives.--The feasibility study shall
identify both the plan that maximizes national economic development
benefits and the locally preferred plan and shall compare the level of
flood damage reduction provided by each plan to that portion of
Jackson, Mississippi, located below the Ross Barnett Reservoir Dam.
(c) Recommended Plan.--If the Secretary determines that the locally
preferred plan provides a level of flood damage reduction that is equal
to or greater than the level of flood damage reduction provided by the
national economic development plan and the locally preferred plan is
technically feasible and environmentally protective, the Secretary
shall recommend construction of the locally preferred plan.
(d) Evaluation of Project Cost.--For the purposes of determining
compliance with the first section of the Flood Control Act of June 22,
1936 (33 U.S.C. 701a), the Secretary shall consider only the costs of
the national economic development plan and shall exclude incremental
costs associated with the locally preferred plan that are in excess of
such costs if the non-Federal interest agrees to pay 100 percent of
such incremental costs.
(e) Non-Federal Cost Share.--If the locally preferred plan is
authorized for construction, the non-Federal share of the cost of the
project shall be the same percentage as the non-Federal share of the
cost of the national economic development plan plus all additional
costs of construction associated with the locally preferred plan.
SEC. 3083. FESTUS AND CRYSTAL CITY, MISSOURI.
Section 102(b)(1) of the Water Resources Development Act of 1999
(113 Stat. 282) is amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
SEC. 3084. L-15 LEVEE, MISSOURI.
The portion of the L-15 levee system that is under the jurisdiction
of the Consolidated North County Levee District and situated along the
right descending bank of the Mississippi River from the confluence of
that river with the Missouri River and running upstream approximately
14 miles shall be considered to be a Federal levee for purposes of cost
sharing under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n).
SEC. 3085. MONARCH-CHESTERFIELD, MISSOURI.
The project for flood damage reduction, Monarch-Chesterfield,
Missouri, authorized by section 101(b)(18) of the Water Resources
Development Act of 2000 (114 Stat. 2578), is modified to direct the
Secretary to credit toward the non-Federal share of the cost of the
project the cost of the planning, design, and construction work carried
out 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.
SEC. 3086. RIVER DES PERES, MISSOURI.
The projects for flood control, River Des Peres, Missouri,
authorized by section 101(a)(17) of the Water Resources Development Act
of 1990 (104 Stat. 4607) and section 102(13) of the Water Resources
Development Act of 1996 (110 Stat. 3668), are each modified to direct
the Secretary to credit toward the non-Federal share of the cost of the
project the cost of work carried out 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.
SEC. 3087. ANTELOPE CREEK, LINCOLN, NEBRASKA.
The project for flood damage reduction, Antelope Creek, Lincoln,
Nebraska, authorized by section 101(b)(19) of the Water Resources
Development Act of 2000 (114 Stat. 2578), is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of design and
construction work carried out 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; and
(2) to allow the non-Federal interest for the project to
use, and to direct the Secretary to accept, funds provided
under any other Federal program, to satisfy, in whole or in
part, the non-Federal share of the project if such funds are
authorized to be used to carry out the project.
SEC. 3088. SAND CREEK WATERSHED, WAHOO, NEBRASKA.
The project for ecosystem restoration and flood damage reduction,
Sand Creek watershed, Wahoo, Nebraska, authorized by section 101(b)(20)
of the Water Resources Development Act of 2000 (114 Stat. 2578), is
modified--
(1) to direct the Secretary to provide credit toward the
non-Federal share of the cost of the project or reimbursement
for the costs of any work that has been or will be performed by
the non-Federal interest before, on, or after the approval of
the project partnership agreement, including work performed by
the non-Federal interest in connection with the design and
construction of 7 upstream detention storage structures, if the
Secretary determines that the work is integral to the project;
(2) to require that in-kind work to be credited under
paragraph (1) be subject to audit; and
(3) to direct the Secretary to accept advance funds from
the non-Federal interest as needed to maintain the project
schedule.
SEC. 3089. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.
The project for ecosystem restoration and flood damage reduction,
authorized by section 101(b)(21) of the Water Resources Development Act
of 2000 (114 Stat. 2578), is modified to authorize the Secretary to
construct the project at a total cost of $21,664,000, with an estimated
Federal cost of $14,082,000 and an estimated non-Federal cost of
$7,582,000.
SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW JERSEY.
The project for navigation mitigation, ecosystem restoration, shore
protection, and hurricane and storm damage reduction, Lower Cape May
Meadows, Cape May Point, New Jersey, authorized by section 101(a)(25)
of the Water Resources Development Act of 1999 (113 Stat. 278), is
modified to incorporate the project for shoreline erosion control, Cape
May Point, New Jersey, carried out under section 5 of the Act entitled
``An Act authorizing Federal participation in the cost of protecting
the shores of publicly owned property'', approved August 13, 1946 (33
U.S.C. 426h), if the Secretary determines that such incorporation is
feasible.
SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
The project for flood control, Passaic River, New Jersey and New
York, authorized by section 101(a)(18) of the Water Resources
Development Act of 1990 (104 Stat. 4607) and modified by section 327 of
the Water Resources Development Act of 2000 (114 Stat. 2607), is
further modified to direct the Secretary to include the benefits and
costs of preserving natural flood storage in any future economic
analysis of the project.
SEC. 3092. BUFFALO HARBOR, NEW YORK.
The project for navigation, Buffalo Harbor, New York, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1176), is
modified to include measures to enhance public access, at Federal cost
of $500,000.
SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK.
Section 554 of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended by striking ``maximum Federal cost of
$5,200,000'' and inserting ``total cost of $20,000,000''.
SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY.
The navigation project, Port of New York and New Jersey, New York
and New Jersey, authorized by section 101(a)(2) of the Water Resources
Development Act of 2000 (114 Stat. 2576), is modified--
(1) to authorize the Secretary to allow the non-Federal
interest to construct a temporary dredged material storage
facility to receive dredged material from the project if--
(A) the non-Federal interest submits, in writing, a
list of potential sites for the temporary storage
facility to the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the
Senate, and the Secretary at least 180 days before the
selection of the final site; and
(B) at least 70 percent of the dredged material
generated in connection with the project suitable for
beneficial reuse will be used at sites in the State of
New Jersey to the extent that there are sufficient
sites available; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of
construction of the temporary storage facility if the Secretary
determines that the work is integral to the project.
SEC. 3095. NEW YORK STATE CANAL SYSTEM.
Section 553(c) of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended to read as follows:
``(c) New York State Canal System Defined.--In this section, the
term `New York State Canal System' means the 524 miles of navigable
canal that comprise the New York State Canal System, including the
Erie, Cayuga-Seneca, Oswego, and Champlain Canals and the historic
alignments of these canals, including the cities of Albany, Rochester,
and Buffalo.''.
SEC. 3096. LOWER GIRARD LAKE DAM, OHIO.
Section 507(1) of the Water Resources Development Act of 1996 (110
Stat. 3758) is amended by striking ``$2,500,000'' and inserting
``$6,000,000''.
SEC. 3097. MAHONING RIVER, OHIO.
In carrying out the project for environmental dredging, authorized
by section 312(f)(4) of the Water Resources Development Act of 1990 (33
U.S.C. 1272(f)(4)), the Secretary is directed to credit toward the non-
Federal share of the cost of the project the cost of work carried out
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.
SEC. 3098. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, AND DELAWARE.
The Secretary may remove debris from the project for navigation,
Delaware River, Pennsylvania, New Jersey, and Delaware, Philadelphia to
the Sea.
SEC. 3099. RAYSTOWN LAKE, PENNSYLVANIA.
The Secretary may take such action as may be necessary, including
construction of a breakwater, to prevent shoreline erosion between .07
and 2.7 miles south of Pennsylvania State Route 994 on the east shore
of Raystown Lake, Pennsylvania.
SEC. 3100. SHERADEN PARK STREAM AND CHARTIERS CREEK, ALLEGHENY COUNTY,
PENNSYLVANIA.
The project for aquatic ecosystem restoration, Sheraden Park Stream
and Chartiers Creek, Allegheny County, Pennsylvania, being carried out
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), is modified to direct the Secretary to credit up to
$400,000 toward the non-Federal share of the cost of the project for
planning and design work carried out 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.
SEC. 3101. SOLOMON'S CREEK, WILKES-BARRE, PENNSYLVANIA.
The project for flood control, Wyoming Valley, Pennsylvania,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4124), is modified to include as a project element the
project for flood control for Solomon's Creek, Wilkes-Barre,
Pennsylvania.
SEC. 3102. SOUTH CENTRAL PENNSYLVANIA.
Section 313 of the Water Resources Development Act of 1992 (106
Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat.
142) is amended--
(1) in subsection (g)(1) by striking ``$180,000,000'' and
inserting ``$200,000,000''; and
(2) in subsection (h)(2) by striking ``Allegheny,
Armstrong, Beford, Blair, Cambria, Clearfield, Fayette,
Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata,
Mifflin, Somerset, Snyder, Washington, and Westmoreland
Counties'' and inserting ``Allegheny, Armstrong, Bedford,
Blair, Cambria, Fayette, Franklin, Fulton, Greene, Huntingdon,
Indiana, Juniata, Somerset, Washington, and Westmoreland
Counties''.
SEC. 3103. WYOMING VALLEY, PENNSYLVANIA.
In carrying out the project for flood control, Wyoming Valley,
Pennsylvania, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124), the Secretary shall
coordinate with non-Federal interests to review opportunities for
increased public access.
SEC. 3104. CEDAR BAYOU, TEXAS.
(a) Credit for Planning and Design.--The project for navigation,
Cedar Bayou, Texas, reauthorized by section 349(a)(2) of the Water
Resources Development Act of 2000 (114 Stat. 2632), is modified to
direct the Secretary to credit toward the non-Federal share of the cost
of the project the cost of planning and design work carried out by the
non-Federal interest for the project if the Secretary determines that
such work is integral to the project.
(b) Cost Sharing.--Cost sharing for construction and operation and
maintenance of the project shall be determined in accordance with
section 101 of the Water Resources Development Act of 1986 (33 U.S.C.
2211).
SEC. 3105. FREEPORT HARBOR, TEXAS.
The project for navigation, Freeport Harbor, Texas, authorized by
section 101 of the Rivers and Harbors Act of 1970 (84 Stat. 1818), is
modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of the
planning, design, and construction work carried out 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; and
(2) to direct the Secretary to remove the sunken vessel
``COMSTOCK'' at Federal expense.
SEC. 3106. LAKE KEMP, TEXAS.
(a) In General.--The Secretary may not take any legal or
administrative action seeking to remove a Lake Kemp improvement before
the earlier of January 1, 2020, or the date of any transfer of
ownership of the improvement occurring after the date of enactment of
this Act.
(b) Limitation on Liability.--The United States, or any of its
officers, agents, or assignees, shall not be liable for any injury,
loss, or damage accruing to the owners of a Lake Kemp improvement,
their lessees, or occupants as a result of any flooding or inundation
of such improvements by the waters of the Lake Kemp reservoir, or for
such injury, loss, or damage as may occur through the operation and
maintenance of the Lake Kemp dam and reservoir in any manner.
(c) Lake Kemp Improvement Defined.--In this section, the term
``Lake Kemp improvement'' means an improvement (including dwellings)
located within the flowage easement of Lake Kemp, Texas, below
elevation 1159 feet mean sea level.
SEC. 3107. LOWER RIO GRANDE BASIN, TEXAS.
The project for flood control, Lower Rio Grande Basin, Texas,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4125), is modified--
(1) to include as part of the project flood protection
works to reroute drainage to Raymondville Drain constructed by
the non-Federal interests in Hidalgo County in the vicinity of
Edinburg, Texas, if the Secretary determines that such work
meets feasibility requirements;
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning,
design, and construction work carried out 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; and
(3) to direct the Secretary in calculating the non-Federal
share of the cost of the project, to make a determination,
within 180 days after the date of enactment of this Act, under
section 103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)) on the non-Federal interest's ability to
pay.
SEC. 3108. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration and storm damage reduction,
North Padre Island, Corpus Christi Bay, Texas, authorized by section
556 of the Water Resources Development Act of 1999 (113 Stat. 353), is
modified to include recreation as a project purpose.
SEC. 3109. PAT MAYSE LAKE, TEXAS.
The Secretary is directed to accept from the city of Paris, Texas,
$3,461,432 as payment in full of monies owed to the United States for
water supply storage space in Pat Mayse Lake, Texas, under contract
number DA-34-066-CIVENG-65-1272, including accrued interest.
SEC. 3110. PROCTOR LAKE, TEXAS.
The Secretary is authorized to purchase fee simple title to all
properties located within the boundaries, and necessary for the
operation, of the Proctor Lake project, Texas, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1259).
SEC. 3111. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio Channel, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259) as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers in Texas and modified by section 103
of the Water Resources Development Act of 1976 (90 Stat. 2921) and
section 335 of the Water Resources Development Act of 2000 (114 Stat.
2611), is further modified to authorize the Secretary to credit toward
the non-Federal share of the cost of the project the cost of design and
construction work carried out by the non-Federal interest for the
project if the Secretary determines that the work is integral to the
project.
SEC. 3112. TANGIER ISLAND SEAWALL, VIRGINIA.
Section 577(a) of the Water Resources Development Act of 1996 (110
Stat. 3789) is amended by striking ``at a total cost of $1,200,000,
with an estimated Federal cost of $900,000 and an estimated non-Federal
cost of $300,000.'' and inserting ``at a total cost of $3,000,000, with
an estimated Federal cost of $2,500,000 and an estimated non-Federal
cost of $750,000.''.
SEC. 3113. DUWAMISH/GREEN, WASHINGTON.
The project for ecosystem restoration, Duwamish/Green, Washington,
authorized by section 101(b)(26) of the Water Resources Development Act
of 2000 (114 Stat. 2579), is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before, on, or after
the date of the partnership agreement for the project if the
Secretary determines that the work is integral to the project;
and
(2) to authorize the non-Federal interest to provide any
portion of the non-Federal share of the cost of the project in
the form of in-kind services and materials.
SEC. 3114. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON.
The project for aquatic ecosystem restoration, Yakima River, Port
of Sunnyside, Washington, being carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified
to direct the Secretary to credit toward the non-Federal share of the
cost of the project the cost of work carried out 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.
SEC. 3115. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of 1992 (106
Stat. 4810, 110 Stat. 3726, 113 Stat. 312) is amended to read as
follows:
``(ff) Bluestone Lake, Ohio River Basin, West Virginia.--
``(1) In general.--The project for flood control, Bluestone
Lake, Ohio River Basin, West Virginia, authorized by section 4
of the Flood Control Act of 1938 (52 Stat. 1217) is modified to
direct the Secretary to implement Plan C/G, as defined in the
Evaluation Report of the District Engineer dated December 1996,
to prohibit the release of drift and debris into waters
downstream of the project, except for that organic matter
necessary to maintain and enhance the biological resources of
such waters and such nonobtrusive items of debris as may not be
economically feasible to prevent being released through such
project, including measures to prevent the accumulation of
drift and debris at the project, the collection and removal of
drift and debris on the segment of the New River upstream of
the project, and the removal (through use of temporary or
permanent systems) and disposal of accumulated drift and debris
at Bluestone Dam.
``(2) Cooperative agreement.--In carrying out the
downstream cleanup under the plan referred to in paragraph (1),
the Secretary may enter into a cooperative agreement with the
West Virginia Department of Environmental Protection for the
department to carry out the cleanup, including contracting and
procurement services, contract administration and management,
transportation and disposal of collected materials, and
disposal fees.
``(3) Initial cleanup.--The Secretary may provide the
department up to $150,000 from funds previously appropriated
for this purpose for the Federal share of the costs of the
initial cleanup under the plan.''.
SEC. 3116. GREENBRIER RIVER BASIN, WEST VIRGINIA.
Section 579(c) of the Water Resources Development Act of 1996 (110
Stat. 3790; 113 Stat. 312) is amended by striking ``$47,000,000'' and
inserting ``$99,000,000''.
SEC. 3117. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30(d) of the Water Resources Development Act of 1988 (102
Stat. 4030; 114 Stat. 2678) is amended to read as follows:
``(d) Historic Structure.--The Secretary shall ensure the
preservation and restoration of the structure known as the `Jenkins
House', and the reconstruction of associated buildings and landscape
features of such structure located within the Lesage/Greenbottom Swamp
in accordance with the Secretary of the Interior's standards for the
treatment of historic properties. Amounts made available for
expenditure for the project authorized by section 301(a) of the Water
Resources Development Act of 1986 (100 Stat. 4110) shall be available
for the purposes of this subsection.''.
SEC. 3118. NORTHERN WEST VIRGINIA.
Section 557 of the Water Resources Development Act of 1999 (113
Stat. 353) is amended--
(1) in the first sentence by striking ``favorable'';
(2) by striking ``$8,400,000'' and inserting
``$12,000,000''; and
(3) by striking ``$4,200,000'' each place it appears and
inserting ``$6,000,000''.
SEC. 3119. MANITOWOC HARBOR, WISCONSIN.
The project for navigation, Manitowoc Harbor, Wisconsin, authorized
by the River and Harbor Act of August 30, 1852 (10 Stat. 58), is
modified to direct the Secretary to deepen the upstream reach of the
navigation channel from 12 feet to 18 feet, at a total cost of
$405,000.
SEC. 3120. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.
Section 21 of the Water Resources Development Act of 1988 (102
Stat. 4027) is amended--
(1) in subsection (a)--
(A) by striking ``1276.42'' and inserting
``1278.42'';
(B) by striking ``1218.31'' and inserting
``1221.31''; and
(C) by striking ``1234.82'' and inserting
``1235.30''; and
(2) by striking subsection (b) and inserting the following:
``(b) Exception.--The Secretary may operate the headwaters
reservoirs below the minimum or above the maximum water levels
established in subsection (a) in accordance with water control
regulation manuals (or revisions thereto) developed by the Secretary,
after consultation with the Governor of Minnesota and affected tribal
governments, landowners, and commercial and recreational users. The
water control regulation manuals (and any revisions thereto) shall be
effective when the Secretary transmits them to Congress. The Secretary
shall report to Congress at least 14 days before operating any such
headwaters reservoir below the minimum or above the maximum water level
limits specified in subsection (a); except that notification is not
required for operations necessary to prevent the loss of life or to
ensure the safety of the dam or if the drawdown of lake levels is in
anticipation of flood control operations.''.
SEC. 3121. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) In General.--Notwithstanding section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following
projects shall remain authorized to be carried out by the Secretary:
(1) The project for navigation, Sacramento Deep Water Ship
Channel, California, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4092).
(2) The project for flood control, Agana River, Guam,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4127).
(3) The project for navigation, Baltimore Harbor and
Channels, Maryland and Virginia, authorized by section 101 of
the River and Harbor Act of 1970 (84 Stat. 1818).
(4) The project for navigation, Fall River Harbor,
Massachusetts, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731); except that the authorized
depth of that portion of the project extending riverward of the
Charles M. Braga, Jr. Memorial Bridge, Fall River and Somerset,
Massachusetts, shall not exceed 35 feet.
(b) Limitation.--A project described in subsection (a) shall not be
authorized for construction after the last day of the 5-year period
beginning on the date of enactment of this Act, unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 3122. PROJECT REAUTHORIZATIONS.
Each of the following projects may be carried out by the Secretary
and no construction on any such project may be initiated until the
Secretary determines that the project is feasible:
(1) Menominee harbor and river, michigan and wisconsin.--
The project for navigation, Menominee Harbor and River,
Michigan and Wisconsin, authorized by section 101 of the River
and Harbor Act of 1960 (74 Stat. 482) and deauthorized on April
15, 2002, in accordance with section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(2) Manitowoc harbor, wisconsin.--That portion of the
project for navigation, Manitowoc Harbor, Wisconsin, authorized
by the first section of the River and Harbor Act of August 30,
1852 (10 Stat. 58), consisting of the channel in the south part
of the outer harbor, deauthorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1176).
(3) Hearding island inlet, duluth harbor, minnesota.--The
project for dredging, Hearding Island Inlet, Duluth Harbor,
Minnesota, authorized by section 22 of the Water Resources
Development Act of 1988 (102 Stat. 4027).
SEC. 3123. PROJECT DEAUTHORIZATIONS.
(a) In General.--The following projects are not authorized after
the date of enactment of this Act:
(1) Bridgeport harbor, connecticut.--The portion of the
project for navigation, Bridgeport Harbor, Connecticut,
authorized by the first section of the River and Harbor Act of
July 3, 1930 (46 Stat. 919), consisting of an 18-foot channel
in Yellow Mill River and described as follows: Beginning at a
point along the eastern limit of the existing project,
N123,649.75, E481,920.54, thence running northwesterly about
52.64 feet to a point N123,683.03, E481,879.75, thence running
northeasterly about 1,442.21 feet to a point N125,030.08,
E482,394.96, thence running northeasterly about 139.52 feet to
a point along the eastern limit of the existing channel,
N125,133.87, E482,488.19, thence running southwesterly about
1,588.98 feet to the point of origin.
(2) Mystic river, connecticut.--The portion of the project
for navigation, Mystic River, Connecticut, authorized by the
first section of the River and Harbor Appropriations Act of
September 19, 1890 (26 Stat. 436) consisting of a 12-foot-deep
channel, approximately 7,554 square feet in area, starting at a
point N193,086.51, E815,092.78, thence running north 59 degrees
21 minutes 46.63 seconds west about 138.05 feet to a point
N193,156.86, E814,974.00, thence running north 51 degrees 04
minutes 39.00 seconds west about 166.57 feet to a point
N193,261.51, E814,844.41, thence running north 43 degrees 01
minutes 34.90 seconds west about 86.23 feet to a point
N193,324.55, E814,785.57, thence running north 06 degrees 42
minutes 03.86 seconds west about 156.57 feet to a point
N193,480.05, E814,767.30, thence running south 21 degrees 21
minutes 17.94 seconds east about 231.42 feet to a point
N193,264.52, E814,851.57, thence running south 53 degrees 34
minutes 23.28 seconds east about 299.78 feet to the point of
origin.
(3) New london harbor, connecticut.--The portion of the
project for navigation, New London Harbor, Connecticut,
authorized by the River and Harbor Appropriations Act of June
13, 1902 (32 Stat. 333), that consists of a 23-foot waterfront
channel and that is further described as beginning at a point
along the western limit of the existing project, N188,802.75,
E779,462.81, thence running northeasterly about 1,373.88 feet
to a point N189,554.87, E780,612.53, thence running
southeasterly about 439.54 feet to a point N189,319.88,
E780,983.98, thence running southwesterly about 831.58 feet to
a point N188,864.63, E780,288.08, thence running southeasterly
about 567.39 feet to a point N188,301.88, E780,360.49, thence
running northwesterly about 1,027.96 feet to the point of
origin.
(4) Rockland harbor, maine.--The portion of the project for
navigation, Rockland Harbor, Maine, authorized by the Act of
June 3, 1896 (29 Stat. 202), consisting of a 14-foot channel
located in Lermond Cove and beginning at a point with
coordinates N9977.37, E340290.02, thence running easterly about
200.00 feet to a point with coordinates N99978.49, E340490.02,
thence running northerly about 138.00 feet to a point with
coordinates N100116.49, E340289.25, thence running westerly
about 200.00 feet to a point with coordinates N100115.37,
E340289.25, thence running southerly about 138.00 feet to the
point of origin.
(5) Falmouth harbor, massachusetts.--The portion of the
project for navigation, th Harbor, Massachusetts, authorized by
section 101 of the River and Harbor Act of 1948 (62 Stat.
1172), beginning at a point along the eastern side of the inner
harbor N200,415.05, E845,307.98, thence running north 25
degrees 48 minutes 54.3 seconds east 160.24 feet to a point
N200,559.20, E845,377.76, thence running north 22 degrees 7
minutes 52.4 seconds east 596.82 feet to a point N201,112.15,
E845,602.60, thence running north 60 degrees 1 minute 0.3
seconds east 83.18 feet to a point N201,153.72, E845,674.65,
thence running south 24 degrees 56 minutes 43.4 seconds west
665.01 feet to a point N200,550.75, E845,394.18, thence running
south 32 degrees 25 minutes 29.0 seconds west 160.76 feet to
the point of origin.
(6) Island end river, massachusetts.--The portion of the
project for navigation, Island End River, Massachusetts,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), described as follows: Beginning at a
point along the eastern limit of the existing project,
N507,348.98, E721,180.01, thence running northeast about 35
feet to a point N507,384.17, E721,183.36, thence running
northeast about 324 feet to a point N507,590.51, E721,433.17,
thence running northeast about 345 feet to a point along the
northern limit of the existing project, N507,927.29,
E721,510.29, thence running southeast about 25 feet to a point
N507,921.71, E721,534.66, thence running southwest about 354
feet to a point N507,576.65, E721,455.64, thence running
southwest about 357 feet to the point of origin.
(7) City waterway, tacoma, washington.--The portion of the
project for navigation, City Waterway, Tacoma, Washington,
authorized by the first section of the River and Harbor
Appropriations Act of June 13, 1902 (32 Stat. 347), consisting
of the last 1,000 linear feet of the inner portion of the
waterway beginning at station 70+00 and ending at station
80+00.
(8) Aunt lydia's cove, massachusetts.--
(A) In general.--The portion of the project for
navigation, Aunt Lydia's Cove, Massachusetts,
constructed under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), consisting of the 8-foot
deep anchorage in the cove described in subparagraph
(B).
(B) Description of portion.--The portion of the
project described in subparagraph (A) is more
particularly described as the portion beginning at a
point along the southern limit of the existing project,
N254,332.00, E1,023,103.96, thence running
northwesterly about 761.60 feet to a point along the
western limit of the existing project N255,076.84,
E1,022,945.07, thence running southwesterly about 38.11
feet to a point N255,038.99, E1,022,940.60, thence
running southeasterly about 267.07 feet to a point
N254,772.00, E1,022,947.00, thence running
southeasterly about 462.41 feet to a point N254,320.06,
E1,023,044.84, thence running northeasterly about 60.31
feet to the point of origin.
(b) Southport Harbor, Fairfield, Connecticut.--The project for
navigation, Southport Harbor, Fairfield, Connecticut, authorized by
section 2 of the River and Harbor Act of March 2, 1829, and by the
first section of the River and Harbor Act of August 30, 1935 (49 Stat.
1029), and section 364 of the Water Resources Development Act of 1996
(110 Stat. 3733-3734), is further modified to redesignate a portion of
the 9-foot-deep channel as an anchorage area, approximately 900 feet in
length and 90,000 square feet in area, and lying generally north of a
line with points at coordinates N108,043.45, E452,252.04 and
N107,938.74, E452,265.74.
(c) Saco River, Maine.--The portion of the project for navigation,
Saco River, Maine, authorized under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577) and described as a 6-foot deep, 10-acre
turning basin located at the head of navigation, is redesignated as an
anchorage area.
(d) Union River, Maine.--The project for navigation, Union River,
Maine, authorized by the first section of the Act of June 3, 1896 (29
Stat. 215), is modified by redesignating as an anchorage area that
portion of the project consisting of a 6-foot turning basin and lying
northerly of a line commencing at a point N315,975.13, E1,004,424.86,
thence running north 61 degrees 27 minutes 20.71 seconds west about
132.34 feet to a point N316,038.37, E1,004,308.61.
(e) Mystic River, Massachusetts.--The portion of the project for
navigation, Mystic River, Massachusetts, authorized by the first
section of the River and Harbor Appropriations Act of July 13, 1892 (27
Stat. 96), between a line starting at a point N515,683.77, E707,035.45
and ending at a point N515,721.28, E707,069.85 and a line starting at a
point N514,595.15, E707,746.15 and ending at a point N514,732.94,
E707,658.38 shall be relocated and reduced from a 100-foot wide channel
to a 50-foot wide channel after the date of enactment of this Act
described as follows: Beginning at a point N515,721.28, E707,069.85,
thence running southeasterly about 840.50 feet to a point N515,070.16,
E707,601.27, thence running southeasterly about 177.54 feet to a point
N514,904.84, E707,665.98, thence running southeasterly about 319.90
feet to a point with coordinates N514,595.15, E707,746.15, thence
running northwesterly about 163.37 feet to a point N514,732.94,
E707,658.38, thence running northwesterly about 161.58 feet to a point
N514.889.47, E707,618.30, thence running northwesterly about 166.61
feet to a point N515.044.62, E707,557.58, thence running northwesterly
about 825.31 feet to a point N515,683.77, E707,035.45, thence running
northeasterly about 50.90 feet returning to a point N515,721.28,
E707,069.85.
(f) Conditions.--The first sentence of section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is
amended--
(1) by striking ``two years'' and inserting ``year''; and
(2) by striking ``7'' and inserting ``5''.
SEC. 3124. LAND CONVEYANCES.
(a) St. Francis Basin, Arkansas and Missouri.--
(1) In general.--The Secretary shall convey to the State of
Arkansas, without monetary consideration and subject to
paragraph (2), all right, title, and interest in and to real
property within the State acquired by the Federal Government as
mitigation land for the project for flood control, St. Francis
Basin, Arkansas and Missouri Project, authorized by the Flood
Control Act of May 15, 1928 (33 U.S.C. 702a et seq.).
(2) Terms and conditions.--
(A) In general.--The conveyance by the United
States under this subsection shall be subject to--
(i) the condition that the State of
Arkansas agree to operate, maintain, and manage
the real property for fish and wildlife,
recreation, and environmental purposes at no
cost or expense to the United States; and
(ii) such other terms and conditions as the
Secretary determines to be in the interest of
the United States.
(B) Reversion.--If the Secretary determines that
the real property conveyed under paragraph (1) ceases
to be held in public ownership or the State ceases to
operate, maintain, and manage the real property in
accordance with this subsection, all right, title, and
interest in and to the property shall revert to the
United States, at the option of the Secretary.
(3) Mitigation.--Nothing in this subsection extinguishes
the responsibility of the Federal Government or the non-Federal
interest for the project referred to in paragraph (1) from the
obligation to implement mitigation for such project that
existed on the day prior to the transfer authorized by this
subsection.
(b) Milford, Kansas.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the Geary County Fire Department,
Milford, Kansas, all right, title, and interest of the United
States in and to real property consisting of approximately 7.4
acres located in Geary County, Kansas, for construction,
operation, and maintenance of a fire station.
(2) Reversion.--If the Secretary determines that the real
property conveyed under paragraph (1) ceases to be held in
public ownership or ceases to be operated and maintained as a
fire station, all right, title, and interest in and to the
property shall revert to the United States, at the option of
the United States.
(c) Pike County, Missouri.--
(1) In general.--At such time as S.S.S., Inc., conveys all
right, title and interest in and to the real property described
in paragraph (2)(A) to the United States, the Secretary shall
convey all right, title, and interest of the United States in
and to the real property described in paragraph (2)(B) to
S.S.S., Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--Approximately 42 acres, the
exact legal description to be determined by mutual
agreement of S.S.S., Inc., and the Secretary, subject
to any existing flowage easements situated in Pike
County, Missouri, upstream and northwest, about a 200-
foot distance from Drake Island (also known as Grimes
Island).
(B) Federal land.--Approximately 42 acres, the
exact legal description to be determined by mutual
agreement of S.S.S. Inc., and the Secretary, situated
in Pike County, Missouri, known as Government Tract
Numbers MIs-7 and a portion of FM-46 (both tracts on
Buffalo Island), administered by the Corps of
Engineers.
(3) Conditions.--The exchange of real property under
paragraph (1) shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of
the real property described in paragraph (2)(A)
to the Secretary shall be by a warranty deed
acceptable to the Secretary.
(ii) Federal land.--The instrument of
conveyance used to convey the real property
described in paragraph (2)(B) to S.S.S., Inc.,
shall be by quitclaim deed and contain such
reservations, terms, and conditions as the
Secretary considers necessary to allow the
United States to operate and maintain the
Mississippi River 9-Foot Navigation Project.
(B) Removal of improvements.--S.S.S., Inc., may
remove, and the Secretary may require S.S.S., Inc., to
remove, any improvements on the land described in
paragraph (2)(A).
(C) Time limit for exchange.--The land exchange
under paragraph (1) shall be completed not later than 2
years after the date of enactment of this Act.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the real property
conveyed to S.S.S., Inc., by the Secretary under paragraph (1)
exceeds the appraised fair market value, as determined by the
Secretary, of the real property conveyed to the United States
by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall make
a payment to the United States equal to the excess in cash or a
cash equivalent that is satisfactory to the Secretary.
(d) Boardman, Oregon.--Section 501(g)(1) of the Water Resources
Development Act of 1996 (110 Stat. 3751) is amended--
(1) by striking ``city of Boardman,'' and inserting ``the
Boardman Park and Recreation District, Boardman,''; and
(2) by striking ``such city'' and inserting ``the city of
Boardman''.
(e) Lowell, Oregon.--
(1) In general.--The Secretary may convey without
consideration to Lowell School District, by quitclaim deed, all
right, title, and interest of the United States in and to land
and buildings thereon, known as Tract A-82, located in Lowell,
Oregon, and described in paragraph (2).
(2) Description of property.--The parcel of land authorized
to be conveyed under paragraph (1) is as follows: Commencing at
the point of intersection of the west line of Pioneer Street
with the westerly extension of the north line of Summit Street,
in Meadows Addition to Lowell, as platted and recorded at page
56 of Volume 4, Lane County Oregon Plat Records; thence north
on the west line of Pioneer Street a distance of 176.0 feet to
the true point of beginning of this description; thence north
on the west line of Pioneer Street a distance of 170.0 feet;
thence west at right angles to the west line of Pioneer Street
a distance of 250.0 feet; thence south and parallel to the west
line of Pioneer Street a distance of 170.0 feet; thence east
250.0 feet to the true point of beginning of this description
in Section 14, Township 19 South, Range 1 West of the
Willamette Meridian, Lane County, Oregon.
(3) Terms and conditions.--Before conveying the parcel to
the school district, the Secretary shall ensure that the
conditions of buildings and facilities meet the requirements of
applicable Federal law.
(4) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership, all right, title, and interest in and to the
property shall revert to the United States, at the option of
the United States.
(f) Lowell, Oregon.--
(1) Release and extinguishment of deed reservations.--
(A) Release and extinguishment of deed
reservations.--The Secretary may release and extinguish
the deed reservations for access and communication
cables contained in the quitclaim deed, dated January
26, 1965, and recorded February 15, 1965, in the
records of Lane County, Oregon; except that such
reservations may only be released and extinguished for
the lands owned by the city of Lowell as described in
the quitclaim deed, dated April 11, 1991, in such
records.
(B) Additional release and extinguishment of deed
reservations.--The Secretary may also release and
extinguish the same deed reservations referred to in
subparagraph (A) over land owned by Lane County,
Oregon, within the city limits of Lowell, Oregon, to
accommodate the development proposals of the city of
Lowell/St. Vincent de Paul, Lane County, affordable
housing project; except that the Secretary may require,
at no cost to the United States--
(i) the alteration or relocation of any
existing facilities, utilities, roads, or
similar improvements on such lands; and
(ii) the right-of-way for such facilities,
utilities, or improvements, as a pre-condition
of any release or extinguishment of the deed
reservations.
(2) Conveyance.--The Secretary may convey to the city of
Lowell, Oregon, at fair market value the parcel of land
situated in the city of Lowell, Oregon, at fair market value
consisting of the strip of federally-owned lands located
northeast of West Boundary Road between Hyland Lane and the
city of Lowell's eastward city limits.
(3) Administrative cost.--Notwithstanding paragraphs (1)
and (2), the city of Lowell, Oregon, shall pay the
administrative costs incurred by the United States to execute
the release and extinguishment of the deed reservations under
paragraph (1) and the conveyance under paragraph (2).
(g) Richard B. Russell Lake, South Carolina.--
(1) In general.--The Secretary shall convey to the State of
South Carolina, by quitclaim deed, at fair market value, all
right, title, and interest of the United States in and to the
real property described in paragraph (2) that is managed, as of
the date of enactment of this Act, by the South Carolina
department of commerce for public recreation purposes for the
Richard B. Russell Dam and Lake, South Carolina, project
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1420).
(2) Land description.--Subject to paragraph (3), the real
property referred to in paragraph (1) is the parcel contained
in the portion of real property described in Army Lease Number
DACW21-1-92-0500.
(3) Reservation of interests.--The United States shall
reserve--
(A) ownership of all real property included in the
lease referred to in paragraph (2) that would have been
acquired for operational purposes in accordance with
the 1971 implementation of the 1962 Army/Interior Joint
Acquisition Policy; and
(B) such other rights and interests in and to the
real property to be conveyed as the Secretary considers
necessary for authorized project purposes, including
easement rights-of-way to remaining Federal land.
(4) No effect on shore management policy.--The Shoreline
Management Policy (ER-1130-2-406) of the Corps of Engineers
shall not be changed or altered for any proposed development of
land conveyed under this subsection.
(5) Cost sharing.--In carrying out the conveyance under
this subsection, the Secretary and the State shall comply with
all obligations of any cost-sharing agreement between the
Secretary and the State with respect to the real property
described in paragraph (2) in effect as of the date of the
conveyance.
(6) Land not conveyed.--The State shall continue to manage
the real property described in paragraph (3) not conveyed under
this subsection in accordance with the terms and conditions of
Army Lease Number DACW21-1-92-0500.
(h) Denison, Texas.--
(1) In general.--The Secretary shall offer to convey at
fair market value to the city of Denison, Texas, all right,
title, and interest of the United States in and to the
approximately 900 acres of land located in Grayson County,
Texas, which is currently subject to an application for lease
for public park and recreational purposes made by the city of
Denison, dated August 17, 2005.
(2) Survey to obtain legal description.--The exact acreage
and description of the real property referred to in paragraph
(1) shall be determined by a survey paid for by the city of
Denison, Texas, that is satisfactory to the Secretary.
(3) Conveyance.--On acceptance by the city of Denison,
Texas, of an offer under paragraph (1), the Secretary may
immediately convey the land surveyed under paragraph (2) by
quitclaim deed to the city of Denison, Texas.
(i) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
appropriate and necessary to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
SEC. 3125. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE
RESTRICTIONS.
(a) Idaho.--
(1) In general.--With respect to the property covered by
each deed in paragraph (2)--
(A) the reversionary interests and use restrictions
relating to port and industrial use purposes are
extinguished;
(B) the restriction that no activity shall be
permitted that will compete with services and
facilities offered by public marinas is extinguished;
and
(C) the human habitation or other building
structure use restriction is extinguished if the
elevation of the property is above the standard project
flood elevation.
(2) Affected deeds.--The deeds with the following county
auditor's file numbers are referred to in paragraph (1):
(A) Auditor's Instrument No. 399218 of Nez Perce
County, Idaho--2.07 acres.
(B) Auditor's Instrument No. 487437 of Nez Perce
County, Idaho--7.32 acres.
(b) Lake Texoma, Oklahoma.--
(1) Release of reversionary interest.--Any reversionary
interest relating to public parks and recreation on the land
conveyed by the Secretary to the State of Oklahoma at Lake
Texoma pursuant to the Act entitled ``An Act to authorize the
sale of certain lands to the State of Oklahoma'', approved June
16, 1953 (67 Stat. 63), is terminated as of the date of
enactment of this Act.
(2) Instrument of release.--As soon as practicable after
the date of enactment of this Act, the Secretary shall execute
and file in the appropriate office a deed of release, an
amended deed, or another appropriate instrument to release each
reversionary interest described in subsection (a).
(3) Preservation of reserved rights.--Release of a
reversionary interest in accordance with this section shall not
be construed to affect any other right excepted or reserved for
the United States in a deed of conveyance made pursuant to such
Act of June 16, 1953.
(c) Old Hickory Lock and Dam, Cumberland River, Tennessee.--
(1) Release of retained rights, interests, reservations.--
With respect to land conveyed by the Secretary to the Tennessee
Society of Crippled Children and Adults, Incorporated (commonly
known as ``Easter Seals Tennessee'') at Old Hickory Lock and
Dam, Cumberland River, Tennessee, under section 211 of the
Flood Control Act of 1965 (79 Stat. 1087), the reversionary
interests and the use restrictions relating to recreation and
camping purposes are extinguished.
(2) Instrument of release.--As soon as practicable after
the date of enactment of this Act, the Secretary shall execute
and file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the release
of interests required by paragraph (1).
(d) Port of Pasco, Washington.--
(1) Extinguishment of use restrictions and flowage
easement.--With respect to the property covered by the deed in
paragraph (3)(A)--
(A) the flowage easement and human habitation or
other building structure use restriction is
extinguished if the elevation of the property is above
the standard project flood elevation; and
(B) the use of fill material to raise areas of the
property above the standard project flood elevation is
authorized, except in any area for which a permit under
section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) is required.
(2) Extinguishment of flowage easement.--With respect to
the property covered by each deed in paragraph (3)(B), the
flowage easement is extinguished if the elevation of the
property is above the standard project flood elevation.
(3) Affected deeds.--The deeds referred to in paragraphs
(1) and (2) are as follows:
(A) Auditor's File Number 262980 of Franklin
County, Washington.
(B) Auditor's File Numbers 263334 and 404398 of
Franklin County, Washington.
(e) No Effect on Other Rights.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes.
TITLE IV--STUDIES
SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act of 1999 (42
U.S.C. 1962d-21) is amended by adding at the end the following:
``(g) In-Kind Contributions for Study.--The non-Federal interest
may provide up to 100 percent of the non-Federal share required under
subsection (f) in the form of in-kind services and materials.''.
SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature and
frequency of avian botulism problems in the vicinity of Lake Erie
associated with dredged material disposal sites and shall make
recommendations to eliminate the conditions that result in such
problems.
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY.
(a) In General.--The Secretary, in coordination with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, and other appropriate agencies, shall conduct, at Federal
expense, a comprehensive study of drought conditions in the
southwestern United States, with particular emphasis on the Colorado
River basin, the Rio Grande River basin, and the Great Basin.
(b) Inventory of Actions.--In conducting the study, the Secretary
shall assemble an inventory of actions taken or planned to be taken to
address drought-related situations in the southwestern United States.
(c) Purpose.--The purpose of the study shall be to develop
recommendations to more effectively address current and future drought
conditions in the southwestern United States.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $7,000,000.
Such funds shall remain available until expended.
SEC. 4004. DELAWARE RIVER.
The Secretary shall review, in consultation with the Delaware River
Basin Commission and the States of Delaware, Pennsylvania, New Jersey,
and New York, the report of the Chief of Engineers on the Delaware
River, published as House Document Numbered 522, 87th Congress, Second
Session, as it relates to the Mid-Delaware River Basin from Wilmington
to Port Jervis, and any other pertinent reports (including the strategy
for resolution of interstate flow management issues in the Delaware
River Basin dated August 2004 and the National Park Service Lower
Delaware River Management Plan (1997-1999)), with a view to determining
whether any modifications of recommendations contained in the first
report referred to are advisable at the present time, in the interest
of flood damage reduction, ecosystem restoration, and other related
problems.
SEC. 4005. KNIK ARM, COOK INLET, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the potential impacts on navigation of construction of a
bridge across Knik Arm, Cook Inlet, Alaska.
SEC. 4006. KUSKOKWIM RIVER, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Kuskokwim River, Alaska, in the
vicinity of the village of Crooked Creek.
SEC. 4007. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the feasibility of providing navigation improvements at St.
George Harbor, Alaska.
SEC. 4008. SUSITNA RIVER, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hydropower, recreation, and related purposes
on the Susitna River, Alaska.
SEC. 4009. GILA BEND, MARICOPA, ARIZONA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood damage reduction,
Gila Bend, Maricopa, Arizona.
(b) Review of Plans.--In conducting the study, the Secretary shall
review plans and designs developed by non-Federal interests and shall
incorporate such plans and designs into the Federal study if the
Secretary determines that such plans and designs are consistent with
Federal standards.
SEC. 4010. SEARCY COUNTY, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility of
using Greers Ferry Lake as a water supply source for Searcy County,
Arkansas.
SEC. 4011. ALISO CREEK, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for streambank protection and environmental
restoration along Aliso Creek, California.
SEC. 4012. ELKHORN SLOUGH ESTUARY, CALIFORNIA.
The Secretary shall conduct a study of the Elkhorn Slough estuary,
California, to determine the feasibility of conserving, enhancing, and
restoring estuarine habitats by developing strategies to address
hydrological management issues.
SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Fresno, Kings, and Kern
Counties, California.
SEC. 4014. LOS ANGELES RIVER REVITALIZATION STUDY, CALIFORNIA.
(a) In General.--The Secretary, in coordination with the city of
Los Angeles, shall--
(1) prepare a feasibility study for environmental
restoration, flood control, recreation, and other aspects of
Los Angeles River revitalization that is consistent with the
goals of the Los Angeles River Revitalization Master Plan
published by the city of Los Angeles; and
(2) consider any locally-preferred project alternatives
developed through a full and open evaluation process for
inclusion in the study.
(b) Use of Existing Information and Measures.--In preparing the
study under subsection (a), the Secretary shall use, to the maximum
extent practicable--
(1) information obtained from the Los Angeles River
Revitalization Master Plan; and
(2) the development process of that plan.
(c) Demonstration Projects.--
(1) In general.--The Secretary is authorized to construct
demonstration projects in order to provide information to
develop the study under subsection (a)(1).
(2) Federal share.--The Federal share of the cost of any
project under this subsection shall be not more than 65
percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000.
SEC. 4015. LYTLE CREEK, RIALTO, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and groundwater
recharge, Lytle Creek, Rialto, California.
SEC. 4016. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for water supply along the
Mokelumne River, San Joaquin County, California.
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed to invalidate, preempt, or create any exception to
State water law, State water rights, or Federal or State permitted
activities or agreements.
SEC. 4017. NAPA RIVER, ST. HELENA, CALIFORNIA.
(a) In General.--The Secretary shall conduct a comprehensive study
of the Napa River in the vicinity of St. Helena, California, for the
purposes of improving flood management through reconnecting the river
to its floodplain; restoring habitat, including riparian and aquatic
habitat; improving fish passage and water quality; and restoring native
plant communities.
(b) Plans and Designs.--In conducting the study, the Secretary
shall review plans and designs developed by non-Federal interests and
shall incorporate such plans and designs into the Federal study if the
Secretary determines that such plans and designs are consistent with
Federal standards.
SEC. 4018. ORICK, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood damage reduction
and ecosystem restoration, Orick, California.
(b) Feasibility of Restoring or Rehabilitating Redwook Creek
Levees.--In conducting the study, the Secretary shall determine the
feasibility of restoring or rehabilitating the Redwood Creek Levees,
Humboldt County, California.
SEC. 4019. RIALTO, FONTANA, AND COLTON, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Rialto, Fontana, and
Colton, California.
SEC. 4020. SACRAMENTO RIVER, CALIFORNIA.
The Secretary shall conduct a comprehensive study to determine the
feasibility of, and alternatives for, measures to protect water
diversion facilities and fish protective screen facilities in the
vicinity of river mile 178 on the Sacramento River, California.
SEC. 4021. SAN DIEGO COUNTY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, San Diego County, California,
including a review of the feasibility of connecting 4 existing
reservoirs to increase usable storage capacity.
SEC. 4022. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of the beneficial use of dredged material from the San
Francisco Bay in the Sacramento-San Joaquin Delta, California,
including the benefits and impacts of salinity in the Delta and the
benefits to navigation, flood damage reduction, ecosystem restoration,
water quality, salinity control, water supply reliability, and
recreation.
(b) Cooperation.--In conducting the study, the Secretary shall
cooperate with the California Department of Water Resources and
appropriate Federal and State entities in developing options for the
beneficial use of dredged material from San Francisco Bay for the
Sacramento-San Joaquin Delta area.
(c) Review.--The study shall include a review of the feasibility of
using Sherman Island as a rehandling site for levee maintenance
material, as well as for ecosystem restoration. The review may include
monitoring a pilot project using up to 150,000 cubic yards of dredged
material and being carried out at the Sherman Island site, examining
larger scale use of dredged materials from the San Francisco Bay and
Suisun Bay Channel, and analyzing the feasibility of the potential use
of saline materials from the San Francisco Bay for both rehandling and
ecosystem restoration purposes.
SEC. 4023. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.
(a) In General.--In conducting the South San Francisco Bay
shoreline study, the Secretary shall--
(1) review the planning, design, and land acquisition
documents prepared by the California State Coastal Conservancy,
the Santa Clara Valley Water District, and other local
interests in developing recommendations for measures to provide
flood protection of the South San Francisco Bay shoreline,
restoration of the South San Francisco Bay salt ponds
(including lands owned by the Department of the Interior), and
other related purposes; and
(2) incorporate such planning, design, and land acquisition
documents into the Federal study if the Secretary determines
that such documents are consistent with Federal standards.
(b) Report.--Not later than December 31, 2008, the Secretary shall
transmit a feasibility report for the South San Francisco Bay shoreline
study to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.
(c) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any project authorized by law as a
result of the South San Francisco Bay shoreline study the cost
of work carried out 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.
(2) Limitation.--In no case may work that was carried out
more than 5 years before the date of enactment of this Act be
eligible for credit under this subsection.
SEC. 4024. TWENTYNINE PALMS, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Pinto Cove Wash, in
the vicinity of Twentynine Palms, California.
SEC. 4025. YUCCA VALLEY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, West Burnt Mountain
basin, in the vicinity of Yucca Valley, California.
SEC. 4026. ROARING FORK RIVER, BASALT, COLORADO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and other purposes
for the Roaring Fork River, Basalt, Colorado.
SEC. 4027. DELAWARE AND CHRISTINA RIVERS AND SHELLPOT CREEK,
WILMINGTON, DELAWARE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and related purposes
along the Delaware and Christina Rivers and Shellpot Creek, Wilmington,
Delaware.
SEC. 4028. COLLIER COUNTY BEACHES, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hurricane and storm damage reduction and
flood damage reduction in the vicinity of Vanderbilt, Park Shore, and
Naples beaches, Collier County, Florida.
SEC. 4029. LOWER ST. JOHNS RIVER, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental protection and restoration,
including improved water quality, and related purposes, Lower St. Johns
River, Florida.
SEC. 4030. VANDERBILT BEACH LAGOON, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, water supply, and
improvement of water quality at Vanderbilt Beach Lagoon, Florida.
SEC. 4031. MERIWETHER COUNTY, GEORGIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Meriwether County, Georgia.
SEC. 4032. TYBEE ISLAND, GEORGIA.
The Secretary shall conduct a study to determine the feasibility of
including the northern end of Tybee Island extending from the north
terminal groin to the mouth of Lazaretto Creek as a part of the project
for beach erosion control, Tybee Island, Georgia, carried out under
section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5).
SEC. 4033. BOISE RIVER, IDAHO.
The study for flood control, Boise River, Idaho, authorized by
section 414 of the Water Resources Development Act of 1999 (113 Stat.
324), is modified--
(1) to add ecosystem restoration and water supply as
project purposes to be studied; and
(2) to require the Secretary to credit toward the non-
Federal share of the cost of the study the cost, not to exceed
$500,000, of work carried out 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.
SEC. 4034. BALLARD'S ISLAND SIDE CHANNEL, ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, Ballard's Island,
Illinois.
SEC. 4035. SALEM, INDIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project to provide an additional water supply source for
Salem, Indiana.
SEC. 4036. BUCKHORN LAKE, KENTUCKY.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for flood damage reduction,
Buckhorn Lake, Kentucky, authorized by section 2 of the Flood Control
Act of June 28, 1938 (52 Stat. 1217), to add ecosystem restoration,
recreation, and improved access as project purposes, including
permanently raising the winter pool elevation of the project.
(b) In-Kind Contributions.--The non-Federal interest may provide
the non-Federal share of the cost of the study in the form of in-kind
services and materials.
SEC. 4037. DEWEY LAKE, KENTUCKY.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for Dewey Lake, Kentucky, to add water supply as
a project purpose.
SEC. 4038. LOUISVILLE, KENTUCKY.
The Secretary shall conduct a study of the project for flood
control, Louisville, Kentucky, authorized by section 4 of the Flood
Control Act of June 28, 1938 (52 Stat. 1217), to investigate measures
to address the rehabilitation of the project.
SEC. 4039. CLINTON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, Clinton River,
Michigan.
SEC. 4040. HAMBURG AND GREEN OAK TOWNSHIPS, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction on Ore Lake and the
Huron River for Hamburg and Green Oak Townships, Michigan.
SEC. 4041. DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN.
(a) In General.--The Secretary shall conduct a study and prepare a
report to evaluate the integrity of the bulkhead system located on and
in the vicinity of Duluth-Superior Harbor, Duluth, Minnesota, and
Superior, Wisconsin.
(b) Contents.--The report shall include--
(1) a determination of causes of corrosion of the bulkhead
system;
(2) recommendations to reduce corrosion of the bulkhead
system;
(3) a description of the necessary repairs to the bulkhead
system; and
(4) an estimate of the cost of addressing the causes of the
corrosion and carrying out necessary repairs.
SEC. 4042. NORTHEAST MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Tennessee-Tombigbee Waterway,
Alabama and Mississippi, to provide water supply for northeast
Mississippi.
SEC. 4043. ST. LOUIS, MISSOURI.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, St. Louis, Missouri,
to restore or rehabilitate the levee system feature of the project for
flood protection, St. Louis, Missouri, authorized by the first section
of the Act entitled ``An Act authorizing construction of certain public
works on the Mississippi River for the protection of Saint Louis,
Missouri'', approved August 9, 1955 (69 Stat. 540).
SEC. 4044. DREDGED MATERIAL DISPOSAL, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project in the vicinity of the Atlantic Intracoastal
Waterway, New Jersey, for the construction of a dredged material
disposal transfer facility to make dredged material available for
beneficial reuse.
SEC. 4045. BAYONNE, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, including
improved water quality, enhanced public access, and recreation, on the
Kill Van Kull, Bayonne, New Jersey.
SEC. 4046. CARTERET, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, including
improved water quality, enhanced public access, and recreation, on the
Raritan River, Carteret, New Jersey.
SEC. 4047. GLOUCESTER COUNTY, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Gloucester County,
New Jersey, including the feasibility of restoring the flood protection
dikes in Gibbstown, New Jersey, and the associated tidegates in
Gloucester County, New Jersey.
SEC. 4048. PERTH AMBOY, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for riverfront development, including enhanced
public access, recreation, and environmental restoration, on the Arthur
Kill, Perth Amboy, New Jersey.
SEC. 4049. BATAVIA, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for hydropower and related purposes in the
vicinity of Batavia, New York.
SEC. 4050. BIG SISTER CREEK, EVANS, NEW YORK.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood damage reduction,
Big Sister Creek, Evans, New York.
(b) Evaluation of Potential Solutions.--In conducting the study,
the Secretary shall evaluate potential solutions to flooding from all
sources, including flooding that results from ice jams.
SEC. 4051. FINGER LAKES, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration and
protection, Finger Lakes, New York, to address water quality and
aquatic nuisance species.
SEC. 4052. LAKE ERIE SHORELINE, BUFFALO, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for storm damage reduction and shoreline
protection in the vicinity of Gallagher Beach, Lake Erie Shoreline,
Buffalo, New York.
SEC. 4053. NEWTOWN CREEK, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out ecosystem restoration improvements on Newtown Creek,
Brooklyn and Queens, New York.
SEC. 4054. NIAGARA RIVER, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for a low-head hydroelectric generating facility
in the Niagara River, New York.
SEC. 4055. SHORE PARKWAY GREENWAY, BROOKLYN, NEW YORK.
The Secretary shall conduct a study of the feasibility of carrying
out a project for shoreline protection in the vicinity of the
confluence of the Narrows and Gravesend Bay, Upper New York Bay, Shore
Parkway Greenway, Brooklyn, New York.
SEC. 4056. UPPER DELAWARE RIVER WATERSHED, NEW YORK.
Notwithstanding section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) and with the consent of the affected local government,
a nonprofit organization may serve as the non-Federal interest for a
study for the Upper Delaware River watershed, New York, being carried
out under Committee Resolution 2495 of the Committee on Transportation
and Infrastructure of the House of Representatives, adopted May 9,
1996.
SEC. 4057. LINCOLN COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study of existing water and water
quality-related infrastructure in Lincoln County, North Carolina, to
assist local interests in determining the most efficient and effective
way to connect county infrastructure.
SEC. 4058. WILKES COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Wilkes County, North Carolina.
SEC. 4059. YADKINVILLE, NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Yadkinville, North Carolina.
SEC. 4060. LAKE ERIE, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for power generation at confined disposal
facilities along Lake Erie, Ohio.
SEC. 4061. OHIO RIVER, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for flood damage reduction on the Ohio River in
Mahoning, Columbiana, Jefferson, Belmont, Noble, Monroe, Washington,
Athens, Meigs, Gallia, Lawrence, and Scioto Counties, Ohio.
SEC. 4062. ECOSYSTEM RESTORATION AND FISH PASSAGE IMPROVEMENTS, OREGON.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of undertaking ecosystem restoration and fish passage
improvements on rivers throughout the State of Oregon.
(b) Requirements.--In carrying out the study, the Secretary shall--
(1) work in coordination with the State of Oregon, local
governments, and other Federal agencies; and
(2) place emphasis on--
(A) fish passage and conservation and restoration
strategies to benefit species that are listed or
proposed for listing as threatened or endangered
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(B) other watershed restoration objectives.
(c) Pilot Program.--
(1) In general.--In conjunction with conducting the study
under subsection (a), the Secretary may carry out pilot
projects to demonstrate the effectiveness of ecosystem
restoration and fish passages.
(2) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this subsection.
SEC. 4063. WALLA WALLA RIVER BASIN, OREGON.
In conducting the study of determine the feasibility of carrying
out a project for ecosystem restoration, Walla Walla River Basin,
Oregon, the Secretary shall--
(1) credit toward the non-Federal share of the cost of the
study the cost of work carried out 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; and
(2) allow the non-Federal interest to provide the non-
Federal share of the cost of the study in the form of in-kind
services and materials.
SEC. 4064. CHARTIERS CREEK WATERSHED, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Chartiers Creek
watershed, Pennsylvania.
SEC. 4065. KINZUA DAM AND ALLEGHENY RESERVOIR, PENNSYLVANIA.
The Secretary shall conduct a study of the project for flood
control, Kinzua Dam and Allegheny Reservoir, Warren, Pennsylvania,
authorized by section 5 of the Flood Control Act of June 22, 1936 (49
Stat. 1570), and modified by section 2 of the Flood Control Act of June
28, 1938 (52 Stat. 1215), section 2 of the Flood Control Act of August
18, 1941 (55 Stat. 646), and section 4 of the Flood Control Act of
December 22, 1944 (58 Stat. 887), to review operations of and identify
modifications to the project to expand recreational opportunities.
SEC. 4066. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION, PENNSYLVANIA.
(a) In General.--The Secretary shall conduct a study of structural
and nonstructural flood damage reduction, stream bank protection, storm
water management, channel clearing and modification, and watershed
coordination measures in the Mahoning River basin, Pennsylvania, the
Allegheny River basin, Pennsylvania, and the Upper Ohio River basin,
Pennsylvania, to provide a level of flood protection sufficient to
prevent future losses to communities located in such basins from
flooding such as occurred in September 2004, but not less than a 100-
year level of flood protection.
(b) Priority Communities.--In carrying out this section, the
Secretary shall give priority to the following Pennsylvania
communities: Marshall Township, Ross Township, Shaler Township, Jackson
Township, Harmony, Zelienople, Darlington Township, Houston Borough,
Chartiers Township, Washington, Canton Township, Tarentum Borough, and
East Deer Township.
SEC. 4067. WILLIAMSPORT, PENNSYLVANIA.
The Secretary shall conduct a study of the project for flood
control, Williamsport, Pennsylvania, authorized by section 5 of the
Flood Control Act of June 22, 1936 (49 Stat. 1570), to investigate
measures to rehabilitate the project.
SEC. 4068. YARDLEY BOROUGH, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, at Yardley Borough,
Pennsylvania, including the alternative of raising River Road.
SEC. 4069. RIO VALENCIANO, JUNCOS, PUERTO RICO.
(a) In General.--The Secretary shall conduct a study to reevaluate
the project for flood damage reduction and water supply, Rio
Valenciano, Juncos, Puerto Rico, authorized by section 209 of the Flood
Control Act of 1962 (76 Stat. 1197) and section 204 of the Flood
Control Act of 1970 (84 Stat. 1828), to determine the feasibility of
carrying out the project.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the study the cost of work carried out 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.
SEC. 4070. CROOKED CREEK, BENNETTSVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Crooked Creek, Bennettsville,
South Carolina.
SEC. 4071. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Broad River, York County,
South Carolina.
SEC. 4072. CHATTANOOGA, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Chattanooga Creek,
Dobbs Branch, Chattanooga, Tennessee.
SEC. 4073. CLEVELAND, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Cleveland,
Tennessee.
SEC. 4074. CUMBERLAND RIVER, NASHVILLE, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for recreation on, riverbank protection for, and
environmental protection of, the Cumberland River and riparian habitats
in the city of Nashville and Davidson County, Tennessee.
SEC. 4075. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Lewis, Lawrence, and Wayne
Counties, Tennessee.
SEC. 4076. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along Wolf River and
Nonconnah Creek, in the vicinity of Memphis, Tennessee, to include the
repair, replacement, rehabilitation, and restoration of the following
pumping stations: Cypress Creek, Nonconnah Creek, Ensley, Marble Bayou,
and Bayou Gayoso.
SEC. 4077. ABILENE, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Abilene, Texas.
SEC. 4078. COASTAL TEXAS ECOSYSTEM PROTECTION AND RESTORATION, TEXAS.
(a) In General.--The Secretary shall develop a comprehensive plan
to determine the feasibility of carrying out projects for flood damage
reduction, hurricane and storm damage reduction, and ecosystem
restoration in the coastal areas of the State of Texas.
(b) Scope.--The comprehensive plan shall provide for the
protection, conservation, and restoration of wetlands, barrier islands,
shorelines, and related lands and features that protect critical
resources, habitat, and infrastructure from the impacts of coastal
storms, hurricanes, erosion, and subsidence.
(c) Definition.--For purposes of this section, the term ``coastal
areas in the State of Texas'' means the coastal areas of the State of
Texas from the Sabine River on the east to the Rio Grande River on the
west and includes tidal waters, barrier islands, marshes, coastal
wetlands, rivers and streams, and adjacent areas.
SEC. 4079. PORT OF GALVESTON, TEXAS.
The Secretary shall conduct a study of the feasibility of carrying
out a project for dredged material disposal in the vicinity of the
project for navigation and environmental restoration, Houston-Galveston
Navigation Channels, Texas, authorized by section 101(a)(30) of the
Water Resources Development Act of 1996 (110 Stat. 3666).
SEC. 4080. GRAND COUNTY AND MOAB, UTAH.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply for Grand County and the city
of Moab, Utah, including a review of the impact of current and future
demands on the Spanish Valley Aquifer.
SEC. 4081. SOUTHWESTERN UTAH.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Santa Clara River,
Washington, Iron, and Kane Counties, Utah.
SEC. 4082. CHOWAN RIVER BASIN, VIRGINIA AND NORTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, environmental
restoration, navigation, and erosion control, Chowan River basin,
Virginia and North Carolina.
SEC. 4083. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON.
(a) In General.--The study for rehabilitation of the Elliott Bay
Seawall, Seattle, Washington, being carried out under Committee
Resolution 2704 of the Committee on Transportation and Infrastructure
of the House of Representatives adopted September 25, 2002, is modified
to include a determination of the feasibility of reducing future damage
to the seawall from seismic activity.
(b) Acceptance of Contributions.--In carrying out the study, the
Secretary may accept contributions in excess of the non-Federal share
of the cost of the study from the non-Federal interest to the extent
that the Secretary determines that the contributions will facilitate
completion of the study.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of any project authorized by law as a result of the
study the value of contributions accepted by the Secretary under
subsection (b).
SEC. 4084. MONONGAHELA RIVER BASIN, NORTHERN WEST VIRGINIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out aquatic ecosystem restoration and protection projects in
the watersheds of the Monongahela River Basin lying within the counties
of Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge,
Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker,
Mineral, Grant, Gilmer, Brooke, and Rithchie, West Virginia,
particularly as related to abandoned mine drainage abatement.
SEC. 4085. KENOSHA HARBOR, WISCONSIN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Kenosha Harbor, Wisconsin,
including the extension of existing piers.
SEC. 4086. WAUWATOSA, WISCONSIN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction and environmental
restoration, Menomonee River and Underwood Creek, Wauwatosa, Wisconsin,
and greater Milwaukee watersheds, Wisconsin.
SEC. 4087. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN.
The Secretary shall conduct a study of the Johnsonville Dam,
Johnsonville, Wisconsin, to determine if the structure prevents ice
jams on the Sheboygan River.
TITLE V--MISCELLANEOUS
SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of a non-Federal interest, the
Secretary shall be responsible for maintenance of the following
navigation channels and breakwaters constructed or improved by the non-
Federal interest if the Secretary determines that such maintenance is
economically justified and environmentally acceptable and that the
channel or breakwater was constructed in accordance with applicable
permits and appropriate engineering and design standards:
(1) Manatee Harbor basin, Florida.
(2) West turning basin, Canaveral Harbor, Florida.
(3) Bayou LaFourche Channel, Port Fourchon, Louisiana.
(4) Calcasieu River at Devil's Elbow, Louisiana.
(5) Pidgeon Industrial Harbor, Pidgeon Industrial Park,
Memphis Harbor, Tennessee.
(6) Pix Bayou Navigation Channel, Chambers County, Texas.
(7) Racine Harbor, Wisconsin.
(b) Completion of Assessment.--Not later than 6 months after the
date of receipt of a request from a non-Federal interest for Federal
assumption of maintenance of a channel listed in subsection (a), the
Secretary shall make a determination as provided in subsection (a) and
advise the non-Federal interest of the Secretary's determination.
SEC. 5002. WATERSHED MANAGEMENT.
(a) In General.--The Secretary may provide technical, planning, and
design assistance to non-Federal interests for carrying out watershed
management, restoration, and development projects at the locations
described in subsection (d).
(b) Specific Measures.--Assistance provided under subsection (a)
may be in support of non-Federal projects for the following purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural
measures to reduce destructive impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) shall be 50 percent.
(d) Project Locations.--The locations referred to in subsection (a)
are the following:
(1) Charlotte Harbor watershed, Florida.
(2) Big Creek watershed, Roswell, Georgia.
(3) Those portions of the watersheds of the Chattahoochee,
Etowah, Flint, Ocmulgee, and Oconee Rivers lying within the
counties of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry,
Paulding, Rockdale, and Walton, Georgia.
(4) Kinkaid Lake, Jackson County, Illinois.
(5) Amite River basin, Louisiana.
(6) East Atchafalaya River basin, Iberville Parish and
Pointe Coupee Parish, Louisiana.
(7) Red River watershed, Louisiana.
(8) Lower Platte River watershed, Nebraska.
(9) Rio Grande watershed, New Mexico.
(10) Taunton River basin, Massachusetts.
(11) Marlboro Township, New Jersey.
(12) Esopus, Plattekill, and Rondout Creeks, Greene,
Sullivan, and Ulster Counties, New York.
(13) Greenwood Lake watershed, New York and New Jersey.
(14) Long Island Sound watershed, New York.
(15) Tuscarawas River basin, Ohio.
(16) Ramapo River watershed, New York.
(17) Western Lake Erie basin, Ohio.
(18) Those portions of the watersheds of the Beaver, Upper
Ohio, Connoquenessing, Lower Allegheny, Kiskiminetas, Lower
Monongahela, Youghiogheny, Shenango, and Mahoning Rivers lying
within the counties of Beaver, Butler, Lawrence, and Mercer,
Pennsylvania.
(19) Otter Creek watershed, Pennsylvania.
(20) Unami Creek watershed, Milford Township, Pennsylvania.
(21) Sauk River basin, Washington.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 5003. DAM SAFETY.
(a) Assistance.--The Secretary may provide assistance to enhance
dam safety at the following locations:
(1) Fish Creek Dam, Blaine County, Idaho.
(2) Hamilton Dam, Flint River, Flint, Michigan.
(3) State Dam, Auburn, New York.
(4) Whaley Lake Dam, Pawling, New York.
(5) Ingham Spring Dam, Solebury Township, Pennsylvania.
(6) Leaser Lake Dam, Lehigh County, Pennsylvania.
(7) Stillwater Dam, Monroe County, Pennsylvania.
(8) Wissahickon Creek Dam, Montgomery County, Pennsylvania.
(b) Special Rule.--The assistance provided under subsection (a) for
State Dam, Auburn, New York, shall be for a project for rehabilitation
in accordance with the report on State Dam Rehabilitation, Owasco Lake
Outlet, New York, dated March 1999, if the Secretary determines that
the project is feasible.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $6,000,000.
SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS.
(a) In General.--Upon request of a non-Federal interest, the
Secretary shall evaluate the structural integrity and effectiveness of
a project for flood damage reduction and, if the Secretary determines
that the project does not meet such minimum standards as the Secretary
may establish and, absent action by the Secretary, the project will
fail, the Secretary may take such action as may be necessary to restore
the integrity and effectiveness of the project.
(b) Priority.--The Secretary shall evaluate under subsection (a)
the following projects:
(1) Project for flood damage reduction, Arkansas River
Levees, Arkansas.
(2) Project for flood damage reduction, Nonconnah Creek,
Tennessee.
SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.
(a) In General.--Section 212(e) of the Water Resources Development
Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is amended--
(1) by striking ``and'' at the end of paragraphs (23) and
(27);
(2) by striking the period at the end of paragraph (28) and
inserting a semicolon; and
(3) by adding at the end the following:
``(29) Ascension Parish, Louisiana;
``(30) East Baton Rouge Parish, Louisiana;
``(31) Iberville Parish, Louisiana;
``(32) Livingston Parish, Louisiana; and
``(33) Pointe Coupee Parish, Louisiana.''.
(b) Authorization of Appropriations.--Section 212(i)(1) of such Act
(33 U.S.C. 2332(i)(1)) is amended by striking ``section--'' and all
that follows before the period at the end and inserting ``section
$20,000,000''.
SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS.
(a) In General.--Section 219(e) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) $35,000,000 for the project described in subsection
(c)(18);
``(10) $27,000,000 for the project described in subsection
(c)(19);
``(11) $20,000,000 for the project described in subsection
(c)(20);
``(12) $35,000,000 for the project described in subsection
(c)(23);
``(13) $20,000,000 for the project described in subsection
(c)(25);
``(14) $20,000,000 for the project described in subsection
(c)(26);
``(15) $35,000,000 for the project described in subsection
(c)(27);
``(16) $20,000,000 for the project described in subsection
(c)(28); and
``(17) $30,000,000 for the project described in subsection
(c)(40).''.
(b) East Arkansas Enterprise Community, Arkansas.--Federal
assistance made available under the rural enterprise zone program of
the Department of Agriculture may be used toward payment of the non-
Federal share of the costs of the project described in section
219(c)(20) of the Water Resources Development Act of 1992 (114 Stat.
2763A-219) if such assistance is authorized to be used for such
purposes.
SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN
PROJECTS.
The Secretary shall expedite completion of the reports and, if the
Secretary determines that the project is feasible, shall expedite
completion of construction for the following projects:
(1) Daytona Beach shore protection project, Florida.
(2) Flagler Beach shore protection project, Florida.
(3) St. Johns County shore protection project, Florida.
(4) False River, Louisiana, being carried out under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330).
(5) Fulmer Creek, Village of Mohawk, New York, being
carried out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(6) Moyer Creek, Village of Frankfort, New York, being
carried out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(7) Steele Creek, Village of Ilion, New York, being carried
out under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
(8) Oriskany Wildlife Management Area, Rome, New York,
being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(9) Whitney Point Lake, Otselic River, Whitney Point, New
York, being carried out under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a).
(10) North River, Peabody, Massachusetts, being carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(11) Chenango Lake, Chenango County, New York, being
carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
(a) In General.--The Secretary shall expedite completion of the
reports for the following projects and, if the Secretary determines
that a project is justified in the completed report, proceed directly
to project preconstruction, engineering, and design:
(1) Project for water supply, Little Red River, Arkansas.
(2) Project for shoreline stabilization at Egmont Key,
Florida.
(3) Project for ecosystem restoration, University Lake,
Baton Rouge, Louisiana.
(4) Project for navigation, Sabine-Neches Waterway, Texas
and Louisiana.
(b) Special Rule for Egmont Key, Florida.--In carrying out the
project for shoreline stabilization at Egmont Key, Florida, referred to
in subsection (a)(3), the Secretary shall waive any cost share to be
provided by non-Federal interests for any portion of the project that
benefits federally owned property.
SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESSMENT.
(a) In General.--The Secretary shall conduct, at Federal expense,
an assessment of the water resources needs of the river basins and
watersheds of the southeastern United States.
(b) Cooperative Agreements.--In carrying out the assessment, the
Secretary may enter into cooperative agreements with State and local
agencies, non-Federal and nonprofit entities, and regional researchers.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 to carry out this section.
SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.
Section 1103(e)(7) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(7)) is amended--
(1) by adding at the end of subparagraph (A) the following:
``The non-Federal interest may provide the non-Federal share of
the cost of the project in the form of in-kind services and
materials.''; and
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b), a non-Federal interest may include for any
project undertaken under this section, a nonprofit entity with the
consent of the affected local government.''.
SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVER ENHANCEMENT PROJECT.
Section 514(g) of the Water Resources Development Act of 1999 (113
Stat. 343; 117 Stat. 142) is amended by striking ``and 2004'' and
inserting ``through 2015''.
SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(f)(3)(B) of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22; 114 Stat. 2646) is amended by striking ``50
percent'' and inserting ``100 percent''.
SEC. 5013. 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 2012''.
SEC. 5014. 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 2012''.
SEC. 5015. GREAT LAKES NAVIGATION.
(a) In General.--Using available funds, the Secretary shall
expedite the operation and maintenance, including dredging, of the
navigation features of the Great Lakes and Connecting Channels for the
purpose of supporting commercial navigation to authorized project
depths.
(b) Great Lakes and Connecting Channels Defined.--In this section,
the term ``Great Lakes and Connecting Channels'' includes Lakes
Superior, Huron, Michigan, Erie, and Ontario, all connecting waters
between and among such lakes used for commercial navigation, any
navigation features in such lakes or waters that are a Federal
operation or maintenance responsibility, and areas of the Saint
Lawrence River that are operated or maintained by the Federal
government for commercial navigation.
SEC. 5016. GREAT LAKES PILOT PROJECT.
Using available funds, the Secretary, in coordination with the
Administrator of the Environmental Protection Agency, the Commandant of
the Coast Guard, the Director of the United States Fish and Wildlife
Service, and the Director of the Animal and Plant Health Inspection
Service, shall carry out a pilot project, on an emergency basis, to
control and prevent further spreading of viral hemorrhagic septicemia
in the Great Lakes and their connecting channels.
SEC. 5017. SAINT LAWRENCE SEAWAY.
(a) In General.--The Secretary is authorized, using amounts
contributed by the Saint Lawrence Seaway Development Corporation under
subsection (b), to carry out projects for operations, maintenance,
repair, and rehabilitation, including associated maintenance dredging,
of the Eisenhower and Snell lock facilities and related navigational
infrastructure for the Saint Lawrence Seaway, at a total cost of
$134,650,000.
(b) Source of Funds.--The Secretary is authorized to accept funds
from the Saint Lawrence Seaway Development Corporation to carry out
projects under this section. Such funds may include amounts made
available to the Corporation from the Harbor Maintenance Trust Fund and
the general fund of the Treasury of the United States pursuant to
section 210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238).
SEC. 5018. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER PROJECT.
(a) In General.--The Secretary, in consultation with appropriate
Federal and State agencies, shall study, design, and carry out a
project for preventing and reducing the dispersal of aquatic nuisance
species through the Upper Mississippi River system. The Secretary shall
complete the study, design, and construction of the project not later
than 6 months after the date of enactment of this Act.
(b) Dispersal Barrier.--The Secretary, at Federal expense, shall--
(1) investigate and identify environmentally sound methods
for preventing and reducing the dispersal of aquatic nuisance
species;
(2) study, design, and carry out a project for a dispersal
barrier, using available technologies and measures, to be
located in the lock portion of Lock and Dam 11 in the Upper
Mississippi River basin;
(3) monitor and evaluate, in cooperation with the Director
of the United States Fish and Wildlife Service, the
effectiveness of the project in preventing and reducing the
dispersal of aquatic nuisance species through the Upper
Mississippi River system, and report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the results of the evaluation; and
(4) operate and maintain the project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 to carry out this section.
SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE,
MARYLAND, PENNSYLVANIA, AND VIRGINIA.
(a) Ex Officio Member.--Notwithstanding section 3001(a) of the 1997
Emergency Supplemental Appropriations Act for Recovery From Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105-18; 111 Stat. 176), section 2.2 of the
Susquehanna River Basin Compact (Public Law 91-575), and section 2.2 of
the Delaware River Basin Compact (Public Law 87-328), beginning in
fiscal year 2002, and each fiscal year thereafter, the Division
Engineer, North Atlantic Division, Corps of Engineers--
(1) shall be the ex officio United States member under the
Susquehanna River Basin Compact, the Delaware River Basin
Compact, and the Potomac River Basin Compact;
(2) shall serve without additional compensation; and
(3) may designate an alternate member in accordance with
the terms of those compacts.
(b) Authorization To Allocate.--The Secretary shall allocate funds
to the Susquehanna River Basin Commission, Delaware River Basin
Commission, and the Interstate Commission on the Potomac River Basin
(Potomac River Basin Compact (Public Law 91-407)) to fulfill the
equitable funding requirements of the respective interstate compacts.
(c) Water Supply and Conservation Storage, Delaware River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Delaware River Basin Commission to provide
temporary water supply and conservation storage at the Francis
E. Walter Dam, Pennsylvania, for any period during which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(d) Water Supply and Conservation Storage, Susquehanna River
Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Susquehanna River Basin Commission to
provide temporary water supply and conservation storage at
Federal facilities operated by the Corps of Engineers in the
Susquehanna River Basin for any period for which the Commission
has determined that a drought warning or drought emergency
exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(e) Water Supply and Conservation Storage, Potomac River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Potomac River Basin Commission to provide
temporary water supply and conservation storage at Federal
facilities operated by the Corps of Engineers in the Potomac
River Basin for any period for which the Commission has
determined that a drought warning or drought emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
SEC. 5020. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Form of Assistance.--Section 510(a)(2) of the Water Resources
Development Act of 1996 (110 Stat. 3759) is amended by striking ``, and
beneficial uses of dredged material'' and inserting ``, beneficial uses
of dredged material, and restoration of submerged aquatic vegetation''.
(b) Authorization of Appropriations.--Section 510(i) of such Act
(110 Stat. 3761) is amended by striking ``$10,000,000'' and inserting
``$50,000,000''.
SEC. 5021. HYPOXIA ASSESSMENT.
The Secretary may participate with Federal, State, and local
agencies, non-Federal and nonprofit entities, regional researchers, and
other interested parties to assess hypoxia in the Gulf of Mexico.
SEC. 5022. POTOMAC RIVER WATERSHED ASSESSMENT AND TRIBUTARY STRATEGY
EVALUATION AND MONITORING PROGRAM.
The Secretary may participate in the Potomac River Watershed
Assessment and Tributary Strategy Evaluation and Monitoring Program to
identify a series of resource management indicators to accurately
monitor the effectiveness of the implementation of the agreed upon
tributary strategies and other public policies that pertain to natural
resource protection of the Potomac River watershed.
SEC. 5023. LOCK AND DAM SECURITY.
(a) Standards.--The Secretary, in consultation with the Federal
Emergency Management Agency, the Tennessee Valley Authority, and the
Coast Guard, shall develop standards for the security of locks and
dams, including the testing and certification of vessel exclusion
barriers.
(b) Site Surveys.--At the request of a lock or dam owner, the
Secretary shall provide technical assistance, on a reimbursable basis,
to improve lock or dam security.
(c) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with a nonprofit alliance of public and private
organizations that has the mission of promoting safe waterways and
seaports to carry out testing and certification activities, and to
perform site surveys, under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this section.
SEC. 5024. REHABILITATION.
The Secretary, at Federal expense and not to exceed $1,000,000,
shall rehabilitate and improve the water-related infrastructure and the
transportation infrastructure for the historic property in the
Anacostia River Watershed located in the District of Columbia,
including measures to address wet weather conditions. To carry out this
section, the Secretary shall accept funds provided for such project
under any other Federal program.
SEC. 5025. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE
RIVER SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996 (16
U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 375) is amended--
(1) in subsection (a)(6) by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(2) in subsection (c)(2) by striking ``$1,000,000'' and
inserting ``$10,000,000''.
SEC. 5026. AUBURN, ALABAMA.
The Secretary may provide technical assistance relating to water
supply to the city of Auburn, Alabama. There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5027. PINHOOK CREEK, HUNTSVILLE, ALABAMA.
(a) Project Authorization.--The Secretary shall design and
construct the locally preferred plan for flood protection at Pinhook
Creek, Huntsville, Alabama. In carrying out the project, the Secretary
shall utilize, to the extent practicable, the existing detailed project
report for the project prepared under the authority of section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s).
(b) Participation by Non-Federal Interest.--The Secretary shall
allow the non-Federal interest to participate in the financing of the
project in accordance with section 903(c) of the Water Resources
Development Act of 1986 (100 Stat. 4184) to the extent that the
Secretary's evaluation indicates that applying such section is
necessary to implement the project.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of work carried out 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.
SEC. 5028. ALASKA.
Section 570 of the Water Resources Development Act of 1999 (113
Stat. 369) is amended--
(1) in subsection (c) by inserting ``environmental
restoration,'' after ``water supply and related facilities,'';
(2) in subsection (e)(3)(B) by striking the last sentence;
(3) in subsection (h) by striking ``$25,000,000'' and
inserting ``$45,000,000''; and
(4) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity with the consent of the affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.''.
SEC. 5029. BARROW, ALASKA.
The Secretary shall carry out, under section 117 of the Energy and
Water Development Appropriations Act, 2005 (118 Stat. 2944), a
nonstructural project for coastal erosion and storm damage prevention
and reduction at Barrow, Alaska, including relocation of
infrastructure.
SEC. 5030. COFFMAN COVE, ALASKA.
The Secretary is authorized to carry out a project for navigation,
Coffman Cove, Alaska, at a total cost of $3,000,000.
SEC. 5031. FIRE ISLAND, ALASKA.
(a) In General.--The Secretary is authorized to provide planning,
design, and construction assistance to the non-Federal interest for the
construction of a barge landing facility on Fire Island, Alaska.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5032. FORT YUKON, ALASKA.
The Secretary shall make repairs to the dike at Fort Yukon, Alaska,
so that the dike meets Corps of Engineers standards.
SEC. 5033. KOTZEBUE HARBOR, ALASKA.
The Secretary is authorized to carry out a project for navigation,
Kotzebue Harbor, Kotzebue, Alaska, at total cost of $2,200,000.
SEC. 5034. LOWELL CREEK TUNNEL, SEWARD, ALASKA.
(a) Long-Term Maintenance and Repair.--The Secretary shall assume
responsibility for the long-term maintenance and repair of the Lowell
Creek Tunnel.
(b) Study.--The Secretary shall conduct a study to determine
whether alternative methods of flood diversion in Lowell Canyon are
feasible.
SEC. 5035. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.
The Secretary shall carry out, on an emergency basis, necessary
removal of rubble, sediment, and rock impeding the entrance to the St.
Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of
$2,000,000.
SEC. 5036. TANANA RIVER, ALASKA.
The Secretary shall carry out, on an emergency basis, the removal
of the hazard to navigation on the Tanana River, Alaska, near the mouth
of the Chena River, as described in the January 3, 2005, memorandum
from the Commander, Seventeenth Coast Guard District, to the Corps of
Engineers, Alaska District, Anchorage, Alaska.
SEC. 5037. VALDEZ, ALASKA.
The Secretary is authorized to construct a small boat harbor in
Valdez, Alaska, at a total cost of $20,000,000, with an estimated
Federal cost of $10,500,000 and an estimated non-Federal cost of
$9,500,000.
SEC. 5038. WHITTIER, ALASKA.
(a) Study.--The Secretary shall conduct, at Federal expense, a
study to determine the feasibility of carrying out projects for
navigation at Whittier, Alaska, to construct a new boat harbor at the
head of Whittier Bay and to expand the existing harbor and, if the
Secretary determines that a project is feasible, the Secretary may
carry out the project.
(b) Non-Federal Cost Share.--The non-Federal interest for the
project may use, and the Secretary shall accept, funds provided by a
Federal agency under any other Federal program, to satisfy, in whole or
in part, the non-Federal share of the cost of the project if such funds
are authorized to be used to carry out the project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $35,200,000.
SEC. 5039. WRANGELL HARBOR, ALASKA.
(a) General Navigation Features.--In carrying out the project for
navigation, Wrangell Harbor, Alaska, authorized by section 101(b)(1) of
the Water Resources Development Act of 1999 (113 Stat. 279), the
Secretary shall consider the dredging of the mooring basin and
construction of the inner harbor facilities to be general navigation
features for purposes of estimating the non-Federal share of project
costs.
(b) Revision of Partnership Agreement.--The Secretary shall revise
the partnership agreement for the project to reflect the change
required by subsection (a).
SEC. 5040. AUGUSTA AND CLARENDON, ARKANSAS.
(a) In General.--The Secretary is authorized to perform operation,
maintenance, and rehabilitation of authorized and completed levees on
the White River between Augusta and Clarendon, Arkansas.
(b) Reimbursement.--After performing the operation, maintenance,
and rehabilitation under subsection (a), the Secretary shall seek
reimbursement from the Secretary of the Interior of an amount equal to
the costs allocated to benefits to a Federal wildlife refuge of such
operation, maintenance, and rehabilitation.
SEC. 5041. DES ARC LEVEE PROTECTION, ARKANSAS.
The Secretary shall review the project for flood control, Des Arc,
Arkansas, to determine whether bank and channel scour along the White
River threaten the existing project and whether the scour is as a
result of a design deficiency. If the Secretary determines that such
conditions exist as a result of a deficiency, the Secretary shall carry
out measures to eliminate the deficiency.
SEC. 5042. LOOMIS LANDING, ARKANSAS.
The Secretary shall conduct a study of shore damage in the vicinity
of Loomis Landing, Arkansas, to determine if the damage is the result
of a Federal navigation project, and, if the Secretary determines that
the damage is the result of a Federal navigation project, the Secretary
shall carry out a project to mitigate the damage under section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 5043. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI.
The Secretary shall conduct a study of increased siltation and
streambank erosion in the St. Francis River Basin, Arkansas and
Missouri, to determine if the siltation or erosion, or both, are the
result of a Federal flood control project and, if the Secretary
determines that the siltation or erosion, or both, are the result of a
Federal flood control project, the Secretary shall carry out a project
to mitigate the siltation or erosion, or both.
SEC. 5044. CAMBRIA, CALIFORNIA.
Section 219(f)(48) of the Water Resources Development Act of 1992
(114 Stat. 2763A-220) is amended--
(1) by striking ``$10,300,000'' and inserting the
following:
``(A) In general.--$10,300,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project not to
exceed $3,000,000 for the cost of planning and design
work carried out 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.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5045. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA;
MALLARD SLOUGH, PITTSBURG, CALIFORNIA.
Sections 512 and 514 of the Water Resources Development Act of 2000
(114 Stat. 2650) are each amended by adding at the end the following:
``All planning, study, design, and construction on the project shall be
carried out by the office of the district engineer, San Francisco,
California.''.
SEC. 5046. DANA POINT HARBOR, CALIFORNIA.
The Secretary shall conduct a study of the causes of water quality
degradation within Dana Point Harbor, California, to determine if the
degradation is the result of a Federal navigation project, and, if the
Secretary determines that the degradation is the result of a Federal
navigation project, the Secretary shall carry out a project to mitigate
the degradation at Federal expense.
SEC. 5047. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Development Act of 1992
(113 Stat. 336) is amended--
(1) by striking ``$25,000,000'' and inserting the
following:
``(A) In general.--$25,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project (i)
the cost of design and construction work carried out by
the non-Federal interest before, on, or after the date
of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project; and (ii) the cost of provided for the project
by the non-Federal interest.
``(C) In-kind contributions.--The non-Federal
interest may provide any portion of the non-Federal
share of the cost of the project in the form of in-kind
services and materials.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5048. EASTERN SANTA CLARA BASIN, CALIFORNIA.
Section 111(c) of the Miscellaneous Appropriations Act, 2001 (as
enacted into law by Public Law 106-554; 114 Stat. 2763A-224) is
amended--
(1) by striking ``$25,000,000'' and inserting
``$28,000,000''; and
(2) by striking ``$7,000,000'' and inserting
``$10,000,000''.
SEC. 5049. LANCASTER, CALIFORNIA.
Section 219(f)(50) of the Water Resources Development Act of 1992
(114 Stat. 2763A-220) is amended--
(1) by inserting after ``water'' the following: ``and
wastewater''; and
(2) by striking ``$14,500,000'' and inserting
``$24,500,000''.
SEC. 5050. LOS OSOS, CALIFORNIA.
Section 219(c)(27) of the Water Resources Development Act of 1992
(106 Stat. 4835; 114 Stat. 2763A-219) is amended to read as follows:
``(27) Los osos, california.--Wastewater infrastructure,
Los Osos, California.''.
SEC. 5051. PINE FLAT DAM AND RESERVOIR, CALIFORNIA.
(a) In General.--The Secretary shall review the Kings River
Fisheries Management Program Framework Agreement, dated May 29, 1999,
among the California Department of Fish and Game, the Kings River Water
Association, and the Kings River Conservation District and, if the
Secretary determines that the management program is feasible, the
Secretary may participate in the management program.
(b) Prohibition.--Nothing in this section authorizes any project
for the raising of, or the construction of, a multilevel intake
structure at Pine Flat Dam, California.
(c) Use of Existing Studies.--In carrying out this section, the
Secretary shall use, to the maximum extent practicable, studies in
existence on the date of enactment of this Act, including data and
environmental documentation in the Report of the Chief of Engineers,
Pine Flat Dam and Reservoir, Fresno County, California, dated July 19,
2002.
(d) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of planning, design, and
construction work carried out 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.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to $20,000,000 to carry out this section.
SEC. 5052. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND SAN GABRIEL
BASIN, CALIFORNIA.
(a) Comprehensive Plan.--The Secretary, in consultation and
coordination with appropriate Federal, State, and local entities, shall
develop a comprehensive plan for the management of water resources in
the Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin,
California. The Secretary may carry out activities identified in the
comprehensive plan to demonstrate practicable alternatives for water
resources management.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
activities carried out under this section shall be 35 percent.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under this
section the cost of planning, design, and construction work
completed by or on behalf of the non-Federal interests for
implementation of measures under this section. The amount of
such credit shall not exceed the non-Federal share of the cost
of such activities.
(3) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance of any measures
constructed under this section shall be 100 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 5053. SAN FRANCISCO, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with the Port of San
Francisco, California, may carry out the project for repair 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 subsection.
SEC. 5054. 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 northwesterly line of
Bryant Street lying between Beale Street and Main Street with the
southwesterly line of Spear Street, which intersection lies on the line
of jurisdiction of the San Francisco Port Commission; following thence
southerly along said line of jurisdiction as described in the State of
California Harbor and Navigation Code Section 1770, as amended in 1961,
to its intersection with the easterly line of Townsend Street along a
line that is parallel and distant 10 feet southerly from the existing
southern boundary of Pier 40 produced to its point of intersection with
the United States Government pier-head line; thence northerly along
said pier-head 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 pier-head line; to the
northwesterly line of Bryant Street produced northwesterly; 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 bulkheaded,
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, 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. 5055. 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
watershed, California, study to determine the feasibility of
opportunities 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, California.
(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
restoration projects under this subsection may include
assistance for planning, design, or construction.
(d) Non-Federal Interests.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity with the consent of the affected local government.
(e) Credit.--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
execution of a partnership agreement for the project if the
Secretary determines that the work is integral to the project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5056. STOCKTON, CALIFORNIA.
(a) Reevaluation.--The Secretary shall reevaluate the feasibility
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 elements
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. 5057. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR,
CONNECTICUT.
(a) Designation.--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. 426), shall be known
and designated as the ``Charles Hervey Townshend Breakwater''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the breakwater referred
to in subsection (a) shall be deemed to be a reference to the ``Charles
Hervey Townshend Breakwater''.
SEC. 5058. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
Section 109 of the Miscellaneous Appropriations Act, 2001 (enacted
into law by Public Law 106-554) (114 Stat. 2763A-222) is amended--
(1) by adding at the end of subsection (e)(2) the
following:
``(C) Credit for work prior to execution of the
partnership agreement.--The Secretary shall credit
toward the non-Federal share of the cost of the
project--
``(i) the cost of construction work carried
out 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; and
``(ii) the cost of land acquisition carried
out by the non-Federal interest for projects to
be carried out under this section.''; and
(2) in subsection (f) by striking ``$100,000,000'' and
inserting ``$100,000,000, of which not more than $15,000,000
may be used to provide planning, design, and construction
assistance to the Florida Keys Aqueduct Authority for a water
treatment plant, Florida City, Florida''.
SEC. 5059. LAKE WORTH, FLORIDA.
The Secretary may carry out necessary repairs for the Lake Worth
bulkhead replacement project, West Palm Beach, Florida, at an estimated
total cost of $9,000,000.
SEC. 5060. EAST CENTRAL AND NORTHEAST FLORIDA.
(a) East Central and Northeast Florida Region Defined.--In this
section, the term ``East Central and Northeast Florida Region'' means
Flagler County, St. Johns County, Putman County (east of the St. Johns
River), Seminole County, Volusia County, the towns of Winter Park,
Maitland, and Palatka, Florida.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
the East Central and Northeast Florida Region.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the East Central and Northeast Florida Region, including
projects for wastewater treatment and related facilities, water supply
and related facilities, environmental restoration, and surface water
resource protection and development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5061. LAKE LANIER, GEORGIA.
The Secretary may assist local interests with planning, design, and
construction of facilities at the Lake Lanier Olympic Center, Georgia,
at a total cost of $5,300,000.
SEC. 5062. RILEY CREEK RECREATION AREA, IDAHO.
The Secretary is authorized to carry out the Riley Creek Recreation
Area Operation Plan of the Albeni Falls Management Plan, dated October
2001, for the Riley Creek Recreation Area, Albeni Falls Dam, Bonner
County, Idaho.
SEC. 5063. RECONSTRUCTION OF ILLINOIS FLOOD PROTECTION PROJECTS.
(a) In General.--The Secretary may participate in the
reconstruction of an eligible flood control project if the Secretary
determines that such reconstruction is not required as a result of
improper operation and maintenance of the project by the non-Federal
interest.
(b) Cost Sharing.--The non-Federal share of the costs for the
reconstruction of a flood control project authorized by this section
shall be the same non-Federal share that was applicable to construction
of the project. The non-Federal interest shall be responsible for
operation and maintenance and repair of a project for which
reconstruction is undertaken under this section.
(c) Reconstruction Defined.--In this section, the term
``reconstruction'', as used with respect to a project, means addressing
major project deficiencies caused by long-term degradation of the
foundation, construction materials, or engineering systems or
components of the project, the results of which render the project at
risk of not performing in compliance with its authorized project
purposes. In addressing such deficiencies, the Secretary may
incorporate current design standards and efficiency improvements,
including the replacement of obsolete mechanical and electrical
components at pumping stations, if such incorporation does not
significantly change the scope, function, and purpose of the project as
authorized.
(d) Eligible Projects.--The following flood control projects are
eligible for reconstruction under this section:
(1) Clear Creek Drainage and Levee District, Illinois.
(2) Fort Chartres and Ivy Landing Drainage District,
Illinois.
(3) Cairo, Illinois Mainline Levee, Cairo, Illinois.
(4) Goose Pond Pump Station, Cairo, Illinois.
(5) Cottonwood Slough Pump Station, Alexander County,
Illinois.
(6) 10th and 28th Street Pump Stations, Cairo, Illinois.
(7) Prairie Du Pont Levee and Sanitary District, including
Fish Lake Drainage and Levee District, Illinois.
(8) Flood control levee projects in Brookport, Shawneetown,
Old Shawneetown, Golconda, Rosiclare, Harrisburg, and
Reevesville, Illinois.
(e) Justification.--The reconstruction of a project authorized by
this section shall not be considered a separable element of the
project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated--
(1) $15,000,000 to carry out the projects described in
paragraphs (1) through (7) of subsection (d); and
(2) $15,000,000 to carry out the projects described in
subsection (d)(8).
Such sums shall remain available until expended.
SEC. 5064. ILLINOIS RIVER BASIN RESTORATION.
(a) Extension of Authorization.--Section 519(c)(2) of the Water
Resources Development Act of 2000 (114 Stat. 2654) is amended by
striking ``2004'' and inserting ``2010''.
(b) In-Kind Services.--Section 519(g)(3) of such Act (114 Stat.
2655) is amended by inserting before the period at the end of the first
sentence ``if such services are provided not more than 5 years before
the date of initiation of the project or activity''.
(c) Nonprofit Entities and Monitoring.--Section 519 of such Act
(114 Stat. 2654) is amended by adding at the end the following:
``(h) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity, with the consent of the affected local government.
``(i) Monitoring.--The Secretary shall develop an Illinois river
basin monitoring program to support the plan referred to in subsection
(b). Data collected under the monitoring program shall incorporate data
provided by the State of Illinois and shall be publicly accessible
through electronic means.''.
SEC. 5065. KASKASKIA RIVER BASIN, ILLINOIS, RESTORATION.
(a) Kaskaskia River Basin Defined.--In this section, the term
``Kaskaskia River Basin'' means the Kaskaskia River, Illinois, its
backwaters, its side channels, and all tributaries, including their
watersheds, draining into the Kaskaskia River.
(b) Comprehensive Plan.--
(1) Development.--The Secretary shall develop, as
expeditiously as practicable, a comprehensive plan for the
purpose of restoring, preserving, and protecting the Kaskaskia
River Basin.
(2) Technologies and innovative approaches.--The
comprehensive plan shall provide for the development of new
technologies and innovative approaches--
(A) to enhance the Kaskaskia River as a
transportation corridor;
(B) to improve water quality within the entire
Kaskaskia River Basin;
(C) to restore, enhance, and preserve habitat for
plants and wildlife;
(D) to ensure aquatic integrity of sidechannels and
backwaters and their connectivity with the mainstem
river;
(E) to increase economic opportunity for
agriculture and business communities; and
(F) to reduce the impacts of flooding to
communities and landowners.
(3) Specific components.--The comprehensive plan shall
include such features as are necessary to provide for--
(A) the development and implementation of a program
for sediment removal technology, sediment
characterization, sediment transport, and beneficial
uses of sediment;
(B) the development and implementation of a program
for the planning, conservation, evaluation, and
construction of measures for fish and wildlife habitat
conservation and rehabilitation, and stabilization and
enhancement of land and water resources in the basin;
(C) the development and implementation of a long-
term resource monitoring program;
(D) a conveyance study of the Kaskaskia River
floodplain from Vandalia, Illinois, to Carlyle Lake to
determine the impacts of existing and future waterfowl
improvements on flood stages, including detailed
surveys and mapping information to ensure proper
hydraulic and hydrological analysis;
(E) the development and implementation of a
computerized inventory and analysis system; and
(F) the development and implementation of a
systemic plan to reduce flood impacts by means of
ecosystem restoration projects.
(4) Consultation.--The comprehensive plan shall be
developed by the Secretary in consultation with appropriate
Federal agencies, the State of Illinois, and the Kaskaskia
River Watershed Association.
(5) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
Congress a report containing the comprehensive plan.
(6) Additional studies and analyses.--After transmission of
a report under paragraph (5), the Secretary shall conduct
studies and analyses of projects related to the comprehensive
plan that are appropriate and consistent with this subsection.
(c) General Provisions.--
(1) Water quality.--In carrying out activities under this
section, the Secretary's recommendations shall be consistent
with applicable State water quality standards.
(2) Public participation.--In developing the comprehensive
plan under subsection (b), the Secretary shall implement
procedures to facilitate public participation, including
providing advance notice of meetings, providing adequate
opportunity for public input and comment, maintaining
appropriate records, and making a record of the proceedings of
meetings available for public inspection.
(d) Critical Projects and Initiatives.--If the Secretary, in
cooperation with appropriate Federal agencies and the State of
Illinois, determines that a project or initiative for the Kaskaskia
River Basin will produce independent, immediate, and substantial
benefits, the Secretary may proceed expeditiously with the
implementation of the project.
(e) Coordination.--The Secretary shall integrate activities carried
out under this section with ongoing Federal and State programs,
projects, and activities, including the following:
(1) Farm programs of the Department of Agriculture.
(2) Conservation Reserve Enhancement Program (State of
Illinois) and Conservation 2000 Ecosystem Program of the
Illinois Department of Natural Resources.
(3) Conservation 2000 Conservation Practices Program and
the Livestock Management Facilities Act administered by the
Illinois Department of Agriculture.
(4) National Buffer Initiative of the Natural Resources
Conservation Service.
(5) Nonpoint source grant program administered by the
Illinois Environmental Protection Agency.
(6) Other programs that may be developed by the State of
Illinois or the Federal Government, or that are carried out by
non-profit organizations, to carry out the objectives of the
Kaskaskia River Basin Comprehensive Plan.
(f) In-Kind Services.--The Secretary may credit the cost of in-kind
services provided by the non-Federal interest for an activity carried
out under this section toward not more than 80 percent of the non-
Federal share of the cost of the activity. In-kind services shall
include all State funds expended on programs that accomplish the goals
of this section, as determined by the Secretary. The programs may
include the Kaskaskia River Conservation Reserve Program, the Illinois
Conservation 2000 Program, the Open Lands Trust Fund, and other
appropriate programs carried out in the Kaskaskia River Basin.
SEC. 5066. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall provide assistance for a
project to develop maps identifying 100- and 500-year flood inundation
areas along the Little Calumet River, Chicago, Illinois.
(b) Requirements.--Maps developed under the project shall include
hydrologic and hydraulic information and shall accurately show the
flood inundation of each property by flood risk in the floodplain. The
maps shall be produced in a high resolution format and shall be made
available to all flood prone areas along the Little Calumet River,
Chicago, Illinois, in an electronic format.
(c) Participation of FEMA.--The Secretary and the non-Federal
interests for the project shall work with the Director of the Federal
Emergency Management Agency to ensure the validity of the maps
developed under the project for flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements with the
non-Federal interests or provide reimbursements of project costs.
(e) Federal Share.--The Federal share of the cost of the project
shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000.
SEC. 5067. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS.
(a) Review.--
(1) In general.--The Secretary may carry out a third-party
review of the Promontory Point project along the Chicago
Shoreline, Chicago, Illinois, at a cost not to exceed $450,000.
(2) Joint review.--The Buffalo and Seattle districts of the
Corps of Engineers shall jointly conduct the review.
(3) Standards.--The review shall be based on the standards
under part 68 of title 36, Code of Federal Regulations, for
implementation by the non-Federal sponsor for the Chicago
Shoreline, Chicago, Illinois, project.
(b) Contributions.--The Secretary shall accept from a State or
political subdivision of a State voluntarily contributed funds to
initiate the third-party review under subsection (a).
(c) Effect of Section.--Nothing in this section affects the
authorization for the project for the Chicago Shoreline, Chicago,
Illinois.
SEC. 5068. SOUTHWEST ILLINOIS.
(a) Southwest Illinois Defined.--In this section, the term
``Southwest Illinois'' means the counties of Madison, St. Clair,
Monroe, Randolph, Perry, Franklin, Jackson, Union, Alexander, Pulaski,
and Williamson, Illinois.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
Southwest Illinois.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Southwest Illinois, including projects for wastewater
treatment and related facilities, water supply and related facilities,
and surface water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5069. BURNS WATERWAY HARBOR, INDIANA.
The Secretary shall conduct a study of shoaling in the vicinity of
Burns Waterway Harbor, Indiana, to determine if the shoaling is the
result of a Federal navigation project, and, if the Secretary
determines that the shoaling is the result of a Federal navigation
project, the Secretary shall carry out a project to mitigate the
shoaling under section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426).
SEC. 5070. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Development Act of 1992
(113 Stat. 335; 117 Stat. 1843) is amended--
(1) by striking ``$30,000,000'' and inserting the
following:
``(A) In general.--$100,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project the
cost of planning and design work carried out by the
non-Federal interest before, on, or after the date of
the partnership agreement for the project if the
Secretary determines that the work is integral to the
project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5071. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA.
(a) In General.--The Secretary shall provide assistance for a
project to develop maps identifying 100- and 500-year flood inundation
areas in the State of Iowa, along the Missouri River.
(b) Requirements.--Maps developed under the project shall include
hydrologic and hydraulic information and shall accurately portray the
flood hazard areas in the floodplain. The maps shall be produced in a
high resolution format and shall be made available to the State of Iowa
in an electronic format.
(c) Participation of FEMA.--The Secretary and the non-Federal
interests for the project shall work with the Director of the Federal
Emergency Management Agency to ensure the validity of the maps
developed under the project for flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements with the
non-Federal interests or provide reimbursements of project costs.
(e) Federal Share.--The Federal share of the cost of the project
shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 5072. PADUCAH, KENTUCKY.
The Secretary shall complete a feasibility report for
rehabilitation of the project for flood damage reduction, Paducah,
Kentucky, authorized by section 4 of the Flood Control Act of June 28,
1938 (52 Stat. 1217) and, if the Secretary determines that the project
is feasible, the Secretary shall carry out the project at a total cost
of $3,000,000.
SEC. 5073. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act of 1996 (110
Stat. 3773; 113 Stat. 348; 117 Stat. 142) is amended by adding the
following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.''.
SEC. 5074. WINCHESTER, KENTUCKY.
Section 219(c) of the Water Resources Development Act of 1992 (106
Stat. 4835; 114 Stat. 2763A-219) is amended by adding at the end the
following:
``(41) Winchester, kentucky.--Wastewater infrastructure,
Winchester, Kentucky.''.
SEC. 5075. BATON ROUGE, LOUISIANA.
Section 219(f)(21) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A-220) is amended by striking
``$20,000,000'' and inserting ``$35,000,000''.
SEC. 5076. CALCASIEU SHIP CHANNEL, LOUISIANA.
The Secretary shall expedite completion of a dredged material
management plan for the Calcasieu Ship Channel, Louisiana, and may take
interim measures to increase the capacity of existing disposal areas,
or to construct new confined or beneficial use disposal areas, for the
channel.
SEC. 5077. EAST ATCHAFALAYA BASIN AND AMITE RIVER BASIN REGION,
LOUISIANA.
(a) East Atchafalaya Basin and Amite River Basin Region Defined.--
In this section, the term ``East Atchafalaya Basin and Amite River
Basin Region'' means the following parishes and municipalities in the
State of Louisiana: Ascension, East Baton Rouge, East Feliciana,
Iberville, Livingston, Pointe Coupee, St. Helena, West Baton Rouge, and
West Feliciana.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
the East Atchafalaya Basin and Amite River Basin Region.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the East Atchafalaya Basin and Amite River Basin Region,
including projects for wastewater treatment and related facilities,
water supply and related facilities, environmental restoration, and
surface water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement of a project
entered into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5078. WEST BATON ROUGE PARISH, LOUISIANA.
(a) Modification of Study.--The study for waterfront and riverine
preservation, restoration, and enhancement, Mississippi River, West
Baton Rouge Parish, Louisiana, being carried out under Committee
Resolution 2570 of the Committee on Transportation and Infrastructure
of the House of Representatives adopted July 23, 1998, is modified--
(1) to add West Feliciana Parish and East Baton Rouge
Parish to the geographic scope of the study; and
(2) to direct the Secretary to credit toward the non-
Federal share the cost of the study and the non-Federal share
of the cost of any project authorized by law as a result of the
study the cost of work carried out 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 study
or project, as the case may be.
(b) Expedited Consideration.--Section 517(5) of the Water Resources
Development Act of 1999 (113 Stat. 345) is amended to read as follows:
``(5) Mississippi River, West Baton Rouge, West Feliciana,
and East Baton Rouge Parishes, Louisiana, project for
waterfront and riverine preservation, restoration, and
enhancement modifications.''.
SEC. 5079. CHARLESTOWN, MARYLAND.
(a) In General.--The Secretary may carry out a project for
nonstructural flood damage reduction and ecosystem restoration at
Charlestown, Maryland.
(b) Land Acquisition.--The flood damage reduction component of the
project may include the acquisition of private property from willing
sellers.
(c) Justification.--Any nonstructural flood damage reduction
project to be carried out under this section that will result in the
conversion of property to use for ecosystem restoration and wildlife
habitat shall be justified based on national ecosystem restoration
benefits.
(d) Use of Acquired Property.--Property acquired under this section
shall be maintained in public ownership for ecosystem restoration and
wildlife habitat.
(e) Ability to Pay.--In determining the appropriate non-Federal
cost share for the project, the Secretary shall determine the ability
of Cecil County, Maryland, to participate as a cost-sharing non-Federal
interest in accordance with section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section.
SEC. 5080. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND MARYLAND.
(a) Comprehensive Action Plan.--Not later than one year after the
date of enactment of this Act, the Secretary, in coordination with the
Mayor of the District of Columbia, the Governor of Maryland, the county
executives of Montgomery County and Prince George's County, Maryland,
and other interested entities, shall develop and make available to the
public a 10-year comprehensive action plan to provide for the
restoration and protection of the ecological integrity of the Anacostia
River and its tributaries.
(b) Public Availability.--On completion of the comprehensive action
plan under subsection (a), the Secretary shall make the plan available
to the public, including on the Internet.
SEC. 5081. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND.
(a) Assistance.--The Secretary may provide technical assistance to
the Secretary of Agriculture for use in carrying out the Conservation
Corridor Demonstration Program established under subtitle G of title II
of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; 116 Stat. 275).
(b) Coordination and Integration.--In carrying out water resources
projects in Delaware and Maryland on the Delmarva Peninsula, the
Secretary shall coordinate and integrate those projects, to the maximum
extent practicable, with any activities carried out to implement a
conservation corridor plan approved by the Secretary of Agriculture
under section 2602 of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3801 note; 116 Stat. 275).
SEC. 5082. MASSACHUSETTS DREDGED MATERIAL DISPOSAL SITES.
The Secretary may cooperate with Massachusetts in the management
and long-term monitoring of aquatic dredged material disposal sites
within the State, and is authorized to accept funds from the State to
carry out such activities.
SEC. 5083. ONTONAGON HARBOR, MICHIGAN.
The Secretary shall conduct a study of shore damage in the vicinity
of the project for navigation, Ontonagon Harbor, Ontonagon County,
Michigan, authorized by section 101 of the Rivers and Harbors Act of
1962 (76 Stat. 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if
the damage is the result of a Federal navigation project, and, if the
Secretary determines that the damage is the result of a Federal
navigation project, the Secretary shall carry out a project to mitigate
the damage under section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i).
SEC. 5084. CROOKSTON, MINNESOTA.
The Secretary shall conduct a study for a project for emergency
streambank protection along the Red Lake River in Crookston, Minnesota,
and, if the Secretary determines that the project is feasible, the
Secretary may carry out the project under section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r); except that the maximum amount of
Federal funds that may be expended for the project shall be $6,500,000.
SEC. 5085. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
(a) Project Description.--Section 219(f)(61) of the Water Resources
Development Act of 1992 (114 Stat. 2763A-221) is amended--
(1) in the paragraph heading by striking ``and kathio
township'' and inserting ``, crow wing county, mille lacs
county, mille lacs indian reservation, and kathio township'';
(2) by striking ``$11,000,000'' and inserting
``$17,000,000'';
(3) by inserting ``, Crow Wing County, Mille Lacs County,
Mille Lacs Indian Reservation (10 Stat. 1165),'' after
``Garrison''; and
(4) by adding at the end the following: ``Such assistance
shall be provided directly to the Garrison-Kathio-West Mille
Lacs Lake Sanitary District, Minnesota, except for assistance
provided directly to the Mille Lacs Band of Ojibwe at the
discretion of the Secretary.''.
(b) Procedures.--In carrying out the project authorized by such
section 219(f)(61), the Secretary may use the cost sharing and
contracting procedures available to the Secretary under section 569 of
the Water Resources Development Act of 1999 (113 Stat. 368).
SEC. 5086. ITASCA COUNTY, MINNESOTA.
The Secretary shall carry out a project for flood damage reduction,
Trout Lake and Canisteo Pit, Itasca County, Minnesota, irrespective of
normal policy considerations.
SEC. 5087. MINNEAPOLIS, MINNESOTA.
(a) Conveyance.--The Secretary shall convey to the city of
Minneapolis by quitclaim deed and without consideration all right,
title, and interest of the United States to the property known as the
War Department (Fort Snelling Interceptor) Tunnel in Minneapolis,
Minnesota.
(b) Applicability of Property Screening Provisions.--Section 2696
of title 10, United States Code, shall not apply to the conveyance
under this section.
SEC. 5088. NORTHEASTERN MINNESOTA.
(a) In General.--Section 569 of the Water Resources Development Act
of 1999 (113 Stat. 368) is amended--
(1) in subsection (a) by striking ``Benton, Sherburne,''
and inserting ``Beltrami, Hubbard, Wadena,'';
(2) by striking the last sentence of subsection (e)(3)(B);
(3) by striking subsection (g) and inserting the following:
``(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity.'';
(4) in subsection (h) by striking ``$40,000,000'' and
inserting ``$54,000,000''; and
(5) by adding at the end the following:
``(i) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.''.
(b) Biwabik, Minnesota.--The Secretary shall reimburse the non-
Federal interest for the project for environmental infrastructure,
Biwabik, Minnesota, carried out under section 569 of the Water
Resources Development Act of 1999 (113 Stat. 368), for planning,
design, and construction costs that were incurred by the non-Federal
interest with respect to the project before the date of the partnership
agreement for the project and that were in excess of the non-Federal
share of the cost of the project if the Secretary determines that the
costs are appropriate.
SEC. 5089. WILD RICE RIVER, MINNESOTA.
The Secretary shall expedite the completion of the general
reevaluation report, authorized by section 438 of the Water Resources
Development Act of 2000 (114 Stat. 2640), for the project for flood
protection, Wild Rice River, Minnesota, authorized by section 201 of
the Flood Control Act of 1970 (84 Stat. 1825), to develop alternatives
to the Twin Valley Lake feature, and upon the completion of such
report, shall construct the project at a total cost of $20,000,000.
SEC. 5090. HARRISON, HANCOCK, AND JACKSON COUNTIES, MISSISSIPPI.
In carrying out projects for the protection, restoration, and
creation of aquatic and ecologically related habitats located in
Harrison, Hancock, and Jackson Counties, Mississippi, under section 204
of the Water Resources Development Act of 1992 (33 U.S.C. 2326), the
Secretary shall accept any portion of the non-Federal share of the cost
of the project in the form of in-kind services and materials.
SEC. 5091. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS.
As a part of the operation and maintenance of the project for the
Mississippi River (Regulating Works), between the Ohio and Missouri
Rivers, Missouri and Illinois, authorized by the first section of an
Act entitled ``Making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes'', approved June 25, 1910, the Secretary may carry out
activities necessary to restore and protect fish and wildlife habitat
in the middle Mississippi River system. Such activities may include
modification of navigation training structures, modification and
creation of side channels, modification and creation of islands, and
studies and analysis necessary to apply adaptive management principles
in design of future work.
SEC. 5092. ST. LOUIS, MISSOURI.
Section 219(f)(32) of the Water Resources Development Act of 1992
(113 Stat. 337) is amended--
(1) by striking ``project'' and inserting ``projects'';
(2) by striking ``$15,000,000'' and inserting
``$35,000,000''; and
(3) by inserting ``and St. Louis County'' before ``,
Missouri''.
SEC. 5093. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324 of the Water Resources Development Act of 1992 (106
Stat. 4849; 110 Stat. 3779) is amended--
(1) in subsection (a)--
(A) by striking ``design'' and inserting
``planning, design,''; and
(B) by striking ``Hackensack Meadowlands
Development'' and all that follows through ``Plan for''
and inserting ``New Jersey Meadowlands Commission for
the development of an environmental improvement program
for'';
(2) in subsection (b)--
(A) in the subsection heading by striking
``Required'';
(B) by striking ``shall'' and inserting ``may'';
(C) by striking paragraph (1) and inserting the
following:
``(1) Restoration and acquisitions of significant wetlands
and aquatic habitat that contribute to the Meadowlands
ecosystem.'';
(D) in paragraph (2) by inserting ``and aquatic
habitat'' before the period at the end; and
(E) by striking paragraph (7) and inserting the
following:
``(7) Research, development, and implementation for a water
quality improvement program, including restoration of hydrology
and tidal flows and remediation of hot spots and other sources
of contaminants that degrade existing or planned sites.'';
(3) in subsection (c) by inserting before the last sentence
the following: ``The non-Federal sponsor may also provide in-
kind services, not to exceed the non-Federal share of the total
project cost, and may also receive credit for reasonable cost
of design work completed prior to entering into the partnership
agreement with the Secretary for a project to be carried out
under the program developed under subsection (a).''; and
(4) in subsection (d) by striking ``$5,000,000'' and
inserting ``$35,000,000''.
SEC. 5094. ATLANTIC COAST OF NEW YORK.
(a) Development of Program.--Section 404(a) of the Water Resources
Development Act of 1992 (106 Stat. 4863) is amended--
(1) by striking ``processes'' and inserting ``and related
environmental processes'';
(2) by inserting after ``Atlantic Coast'' the following:
``(and associated back bays)'';
(3) by inserting after ``actions'' the following: ``,
environmental restoration or conservation measures for coastal
and back bays,''; and
(4) by adding at the end the following: ``The plan for
collecting data and monitoring information included in such
annual report shall be fully coordinated with and agreed to by
appropriate agencies of the State of New York.''.
(b) Annual Reports.--Section 404(b) of such Act is amended--
(1) by striking ``Initial Plan.--Not later than 12 months
after the date of the enactment of this Act, the'' and
inserting ``Annual Reports.--The'';
(2) by striking ``initial plan for data collection and
monitoring'' and inserting ``annual report of data collection
and monitoring activities''; and
(3) by striking the last sentence.
(c) Authorization of Appropriations.--Section 404(c) of such Act
(113 Stat. 341) is amended by striking ``and an additional total of
$2,500,000 for fiscal years thereafter'' and inserting ``$2,500,000 for
fiscal years 2000 through 2004, and $7,500,000 for fiscal years
beginning after September 30, 2004,''.
(d) Tsunami Warning System.--Section 404 of the Water Resources
Development Act of 1992 (106 Stat. 4863) is amended by adding at the
end the following:
``(d) Tsunami Warning System.--There is authorized to be
appropriated $800,000 for the Secretary to carry out a project for a
tsunami warning system, Atlantic Coast of New York.''.
SEC. 5095. COLLEGE POINT, NEW YORK CITY, NEW YORK.
In carrying out section 312 of the Water Resources Development Act
of 1990 (104 Stat. 4639), the Secretary shall give priority to work in
College Point, New York City, New York.
SEC. 5096. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK.
The Secretary shall credit toward the non-Federal share of the cost
of the project for ecosystem restoration, Flushing Bay and Creek, New
York City, New York, the cost of design and construction work carried
out 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.
SEC. 5097. HUDSON RIVER, NEW YORK.
The Secretary may participate with the State of New York, New York
City, and the Hudson River Park Trust in carrying out activities to
restore critical marine habitat, improve safety, and protect and
rehabilitate critical infrastructure. There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5098. MOUNT MORRIS DAM, NEW YORK.
As part of the operation and maintenance of the Mount Morris Dam,
New York, the Secretary may make improvements to the access road for
the dam to provide safe access to a Federal visitor's center.
SEC. 5099. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA.
The Secretary shall expedite the completion of the calculations
necessary to negotiate and execute a revised, permanent contract for
water supply storage at John H. Kerr Dam and Reservoir, North Carolina,
among the Secretary and the Kerr Lake Regional Water System and the
city of Henderson, North Carolina.
SEC. 5100. STANLY COUNTY, NORTH CAROLINA.
Section 219(f)(64) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended by inserting ``water and'' before
``wastewater''.
SEC. 5101. CINCINNATI, OHIO.
(a) In General.--The Secretary is authorized to undertake the
ecosystem restoration and recreation components of the Central
Riverfront Park Master Plan, dated December 1999, at a total cost of
$25,000,000.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of planning, design, and
construction work carried out 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.
SEC. 5102. TOUSSAINT RIVER, OHIO.
(a) In General.--The project for navigation, Toussaint River,
Carroll Township, Ohio, authorized by section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577), is modified to authorize the
Secretary to enter into an agreement with the non-Federal interest
under which the Secretary may--
(1) acquire, and transfer to the non-Federal interest, a
dredge and associated equipment with the capacity to perform
operation and maintenance of the project; and
(2) provide the non-Federal interest with a lump-sum
payment to cover all future costs of operation and maintenance
of the project.
(b) Agreement.--The Secretary may carry out subsection (a)(1) by
entering into an agreement with the non-Federal interest under which
the non-Federal interest may acquire the dredge and associated
equipment directly and be reimbursed by the Secretary.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $1,800,000 to carry out this section. Of such funds,
$500,000 may be used to carry out subsection (a)(1).
(d) Release.--Upon the acquisition and transfer of a dredge and
associated equipment under subsection (a)(1), and the payment of funds
under subsection (a)(2), all future Federal responsibility for
operation and maintenance of the project is extinguished.
SEC. 5103. EUGENE, OREGON.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of restoring the millrace in Eugene, Oregon, and, if
the Secretary determines that the restoration is feasible, the
Secretary shall carry out the restoration.
(b) Consideration of Noneconomic Benefits.--In determining the
feasibility of restoring the millrace, the Secretary shall include
noneconomic benefits associated with the historical significance of the
millrace and associated with preservation and enhancement of resources.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 5104. FERN RIDGE DAM, OREGON.
The Secretary may treat all work carried out for emergency
corrective actions to repair the embankment dam at the Fern Ridge Lake
project, Oregon, as a dam safety project. The cost of work carried out
may be recovered in accordance with section 1203 of the Water Resources
Development Act of 1986 (33 U.S.C. 467n; 100 Stat. 4263).
SEC. 5105. ALLEGHENY COUNTY, PENNSYLVANIA.
Section 219(f)(66) of the Water Resources Development Act of 1992
(114 Stat. 2763A-221) is amended--
(1) by striking ``$20,000,000'' and inserting the
following:
``(A) In general.--$20,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project the
cost of work carried out 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.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5106. CLINTON COUNTY, PENNSYLVANIA.
Section 219(f)(13) of the Water Resources Development Act of 1992
(113 Stat. 335) is amended by striking ``$1,000,000'' and inserting
``$2,000,000''.
SEC. 5107. KEHLY RUN DAMS, PENNSYLVANIA.
Section 504(a)(2) of the Water Resources Development Act of 1999
(113 Stat. 338; 117 Stat. 1842) is amended by striking ``Dams'' and
inserting ``Dams No. 1-5''.
SEC. 5108. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA.
The Secretary shall use existing water quality data to model the
effects of the Francis E. Walter Dam, at different water levels, to
determine its impact on water and related resources in and along the
Lehigh River in Lehigh County, Pennsylvania. There is authorized to be
appropriated $500,000 to carry out this section.
SEC. 5109. NORTHEAST PENNSYLVANIA.
Section 219(f)(11) of the Water Resources Development Act of 1992
(113 Stat. 335) is amended by striking ``and Monroe'' and inserting
``Northumberland, Union, Snyder, Luzerne, and Monroe''.
SEC. 5110. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
(a) Study and Strategy Development.--Section 567(a) of the Water
Resources Development Act of 1996 (110 Stat. 3787; 114 Stat. 2662) is
amended--
(1) in the matter preceding paragraph (1) by inserting
``and carry out'' after ``develop''; and
(2) in paragraph (2) by striking ``$10,000,000.'' and
inserting ``$20,000,000, of which the Secretary may utilize not
more than $5,000,000 to design and construct feasible pilot
projects during the development of the strategy to demonstrate
alternative approaches for the strategy. The total cost for any
single pilot project may not exceed $500,000. The Secretary
shall evaluate the results of the pilot projects and consider
the results in the development of the strategy.''.
(b) Cooperative Agreements.--Section 567(c) of such Act (114 Stat.
2662) is amended--
(1) in the subsection heading by striking ``Cooperation''
and inserting ``Cooperative''; and
(2) in the first sentence--
(A) by inserting ``and carrying out'' after
``developing''; and
(B) by striking ``cooperation'' and inserting
``cost-sharing and cooperative''.
(c) Implementation of Strategy.--Section 567(d) of such Act (114
Stat. 2663) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) in the second sentence of paragraph (1) (as so
designated)--
(A) by striking ``implement'' and inserting ``carry
out''; and
(B) by striking ``implementing'' and inserting
``carrying out'';
(3) by adding at the end the following:
``(2) Priority project.--In carrying out projects to
implement the strategy, the Secretary shall give priority to
the project for ecosystem restoration, Cooperstown, New York,
described in the Upper Susquehanna River Basin--Cooperstown
Area Ecosystem Restoration Feasibility Study, dated December
2004, prepared by the Corps of Engineers and the New York State
Department of Environmental Conservation.''; and
(4) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (3) of this subsection).
(d) Credit.--Section 567 of such Act (110 Stat. 3787; 114 Stat.
2662) is amended by adding at the end the following:
``(e) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of a project under this section--
``(1) the cost of design and construction work carried out
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; and
``(2) the cost of in-kind services and materials provided
for the project by the non-Federal interest.''.
SEC. 5111. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.
The Secretary shall review a report prepared by the non-Federal
interest concerning flood protection and environmental restoration for
Cano Martin Pena, San Juan, Puerto Rico, and, if the Secretary
determines that the report meets the evaluation and design standards of
the Corps of Engineers and that the project is feasible, the Secretary
may carry out the project at a total cost of $130,000,000, with an
estimated Federal cost of $85,000,000 and an estimated non-Federal cost
of $45,000,000.
SEC. 5112. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.
(a) Disbursement Provisions of the State of South Dakota and the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
(1) in subparagraph (A)--
(A) in clause (i) by inserting ``and the Secretary
of the Treasury'' after ``Secretary''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the State of South Dakota funds from the
State of South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund established
under section 603, to be used to carry out the
plan for terrestrial wildlife habitat
restoration submitted by the State of South
Dakota after the State certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 603(d)(3) and only after the Trust Fund
is fully capitalized.''; and
(2) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe funds from the Cheyenne River
Sioux Terrestrial Wildlife Habitat Restoration
Trust Fund and the Lower Brule Sioux
Terrestrial Wildlife Habitat Restoration Trust
Fund, respectively, established under section
604, to be used to carry out the plans for
terrestrial wildlife habitat restoration
submitted by the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe, respectively, to
after the respective tribe certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 604(d)(3) and only after the Trust Fund
is fully capitalized.''.
(b) Investment Provisions of the State of South Dakota Terrestrial
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources
Development Act of 1999 (113 Stat. 388; 114 Stat. 2664) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the amounts in the Fund in accordance with
the requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in the Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of the Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of the Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of the Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuance of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until
the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the State of South Dakota the
results of the investment activities and financial status of
the Fund during the preceding 12-month period.
``(4) Audits.--
``(A) In general.--The activities of the State of
South Dakota (referred to in this subsection as the
`State') in carrying out the plan of the State for
terrestrial wildlife habitat restoration under section
602(a) shall be audited as part of the annual audit
that the State is required to prepare under the Office
of Management and Budget Circular A-133 (or a successor
circulation).
``(B) Determination by auditors.--An auditor that
conducts an audit under subparagraph (A) shall--
``(i) determine whether funds received by
the State under this section during the period
covered by the audit were used to carry out the
plan of the State in accordance with this
section; and
``(ii) include the determination under
clause (i) in the written findings of the
audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under
paragraph (2) with respect to the investment of a Fund
is not practicable, or would result in adverse
consequences for the Fund, the Secretary shall modify
the requirements, as the Secretary determines to be
necessary.
``(B) Consultation.--Before modifying a requirement
under subparagraph (A), the Secretary of the Treasury
shall consult with the State regarding the proposed
modification.'';
(2) in subsection (d)(2) by inserting ``of the Treasury''
after ``Secretary''; and
(3) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury to pay expenses
associated with investing the Fund and auditing the uses of amounts
withdrawn from the Fund--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
(c) Investment Provisions for the Cheyenne River Sioux Tribe and
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water
Resources Development Act of 1999 (113 Stat. 389; 114 Stat. 2665) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Funds.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the amounts in each of the Funds in
accordance with the requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in each Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of each Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of each Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of each Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuation of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of the interest account.--
``(i) Before full capitalization.--Until
the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe (referred to in this subsection as
the `Tribes') the results of the investment activities and
financial status of the Funds during the preceding 12-month
period.
``(4) Audits.--
``(A) In general.--The activities of the Tribes in
carrying out the plans of the Tribes for terrestrial
wildlife habitat restoration under section 602(a) shall
be audited as part of the annual audit that the Tribes
are required to prepare under the Office of Management
and Budget Circular A-133 (or a successor circulation).
``(B) Determination by auditors.--An auditor that
conducts an audit under subparagraph (A) shall--
``(i) determine whether funds received by
the Tribes under this section during the period
covered by the audit were used to carry out the
plan of the appropriate Tribe in accordance
with this section; and
``(ii) include the determination under
clause (i) in the written findings of the
audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under
paragraph (2) with respect to the investment of a Fund
is not practicable, or would result in adverse
consequences for the Fund, the Secretary shall modify
the requirements, as the Secretary determines to be
necessary.
``(B) Consultation.--Before modifying a requirement
under subparagraph (A), the Secretary of the Treasury
shall consult with the Tribes regarding the proposed
modification.''; and
(2) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury to pay expenses
associated with investing the Funds and auditing the uses of amounts
withdrawn from the Funds--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 5113. EAST TENNESSEE.
(a) East Tennessee Defined.--In this section, the term ``East
Tennessee'' means the counties of Blount, Knox, Loudon, McMinn, Monroe,
and Sevier, Tennessee.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
East Tennessee.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in East Tennessee, including projects for wastewater treatment
and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
cost under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project cost.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5114. FRITZ LANDING, TENNESSEE.
The Secretary shall--
(1) conduct a study of the Fritz Landing Agricultural Spur
Levee, Tennessee, to determine the extent of levee
modifications that would be required to make the levee and
associated drainage structures consistent with Federal
standards;
(2) design and construct such modifications; and
(3) after completion of such modifications, incorporate the
levee into the project for flood control, Mississippi River and
Tributaries, authorized by the Act entitled ``An Act for the
control of floods on the Mississippi River and its tributaries,
and for other purposes'', approved May 15, 1928 (45 Stat. 534-
539), commonly known as the ``Flood Control Act of 1928''.
SEC. 5115. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE.
The Secretary shall plan, design, and construct a trail system at
the J. Percy Priest Dam and Reservoir, Tennessee, authorized by section
4 of the Act entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for other
purposes'', approved June 28, 1938 (52 Stat. 1217), and adjacent public
property, including design and construction of support facilities. In
carrying out such improvements, the Secretary is authorized to use
funds made available by the State of Tennessee from any Federal or
State source, or both.
SEC. 5116. TOWN CREEK, LENOIR CITY, TENNESSEE.
The Secretary shall design and construct the project for flood
damage reduction designated as Alternative 4 in the Town Creek, Lenoir
City, Loudon County, Tennessee, feasibility report of the Nashville
district engineer, dated November 2000, under the authority of section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), notwithstanding
section 1 of the Flood Control Act of June 22, 1936 (33 U.S.C. 701a; 49
Stat. 1570). The non-Federal share of the cost of the project shall be
subject to section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)).
SEC. 5117. TENNESSEE RIVER PARTNERSHIP.
(a) In General.--As part of the operation and maintenance of the
project for navigation, Tennessee River, Tennessee, Alabama,
Mississippi, and Kentucky, authorized by the first section of the River
and Harbor Act of July 3, 1930 (46 Stat. 927), the Secretary may enter
into a partnership with a nonprofit entity to remove debris from the
Tennessee River in the vicinity of Knoxville, Tennessee, by providing a
vessel to such entity, at Federal expense, for such debris removal
purposes.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 5118. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS, AND
MISSISSIPPI.
The Secretary may participate with non-Federal and nonprofit
entities to address issues concerning managing groundwater as a
sustainable resource through the Upper Mississippi Embayment,
Tennessee, Arkansas, and Mississippi, and coordinating the protection
of groundwater supply and groundwater quality with local surface water
protection programs. There is authorized to be appropriated $5,000,000
to carry out this section.
SEC. 5119. BOSQUE RIVER WATERSHED, TEXAS.
(a) Comprehensive Plan.--The Secretary, in consultation with
appropriate Federal, State, and local entities, shall develop, as
expeditiously as practicable, a comprehensive plan for development of
new technologies and innovative approaches for restoring, preserving,
and protecting the Bosque River watershed within Bosque, Hamilton,
McLennan, and Erath Counties, Texas. The Secretary, in cooperation with
the Secretary of Agriculture, may carry out activities identified in
the comprehensive plan to demonstrate practicable alternatives for
stabilization and enhancement of land and water resources in the basin.
(b) Services of Public Non-Profit Institutions and Other
Entities.--In carrying out subsection (a), the Secretary may utilize,
through contracts or other means, the services of public non-profit
institutions and such other entities as the Secretary considers
appropriate.
(c) Non-Federal Share.--
(1) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under this
section the cost of planning, design, and construction work
completed by or on behalf of the non-Federal interests for
implementation of measures constructed with assistance provided
under this section. The amount of such credit shall not exceed
the non-Federal share of the cost of such activities.
(2) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance for measures constructed
with assistance provided under this section shall be 100
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 5120. DALLAS COUNTY REGION, TEXAS.
(a) Dallas County Region Defined.--In this section, the term
``Dallas County region'' means the city of Dallas, and the
municipalities of DeSoto, Duncanville, Lancaster, Wilmer, Hutchins,
Balch Springs, Cedar Hill, Glenn Heights, and Ferris, Texas.
(b) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
the Dallas County region.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the Dallas County region, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
SEC. 5121. DALLAS FLOODWAY, DALLAS TEXAS.
(a) In General.--The project for flood control, Trinity River and
tributaries, Texas, authorized by section 2 of the Act entitled, ``An
Act authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
March 2, 1945 (59 Stat. 18), is modified to--
(1) direct the Secretary to review the Balanced Vision Plan
for the Trinity River Corridor, Dallas, Texas, dated December
2003 and amended in March 2004, prepared by the non-Federal
interest for the project;
(2) direct the Secretary to review the Interior Levee
Drainage Study Phase-I report, Dallas, Texas, dated September
2006, prepared by the non-Federal interest; and
(3) if the Secretary determines that the project is
technically sound and environmentally acceptable, authorize the
Secretary to construct the project at a total cost of
$459,000,000, with an estimated Federal cost of $298,000,000
and an estimated non-Federal cost of $161,000,000.
(b) Credit.--
(1) In-kind contributions.--The Secretary shall credit
toward the non-Federal share of the cost of the project the
cost of planning, design, and construction work carried out 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.
(2) Cash contributions.--The Secretary shall accept funds
provided by the non-Federal interest for use in carrying out
planning, engineering, and design for the project. The Federal
share of such planning, engineering, and design carried out
with non-Federal contributions shall be credited against the
non-Federal share of the cost of the project.
SEC. 5122. HARRIS COUNTY, TEXAS.
(a) In General.--Section 575(a) of the Water Resources Development
Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended by inserting
before the period at the end the following: ``, whether or not such
works or actions are partially funded under the hazard mitigation grant
program of the Federal Emergency Management Agency''.
(b) Specific Projects.--Section 575(b) of such Act (110 Stat. 3789;
113 Stat. 311) is amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period at the end and
inserting ``; and''; and
(3) by adding the following:
``(5) the project for flood control, Upper White Oak Bayou,
Texas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4125).''.
SEC. 5123. JOHNSON CREEK, ARLINGTON, TEXAS.
(a) In General.--The project for flood damage reduction,
environmental restoration, and recreation, Johnson Creek, Arlington,
Texas, authorized by section 101(b)(14) of the Water Resources
Development Act of 1999 (113 Stat 280), is modified to authorize the
Secretary to construct the project substantially in accordance with the
report entitled ``Johnson Creek: A Vision of Conservation'', dated
March 30, 2006, at a total cost of $80,000,000, with an estimated
Federal cost of $52,000,000 and an estimated non-Federal cost of
$28,000,000, if the Secretary determines that the project is feasible.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of planning,
design, and construction work carried out by the non-Federal
interest for implementation of the project, if the Secretary
determines that the work is integral to the project.
(c) Special Rule.--In evaluating and implementing the project, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184).
(d) Conforming Amendment.--Section 134 of the Energy and Water
Development Appropriations Act, 2006 (119 Stat. 2263) is repealed.
SEC. 5124. ONION CREEK, TEXAS.
In carrying out the study for the project for flood damage
reduction, recreation, and ecosystem restoration, Onion Creek, Texas,
the Secretary shall include the costs and benefits associated with the
relocation of flood-prone residences in the study area for the project
in the period beginning 2 years before the date of initiation of the
study and ending on the date of execution of the partnership agreement
for construction of the project to the extent the Secretary determines
such relocations are compatible with the project. The Secretary shall
credit toward the non-Federal share of the cost of the project the cost
of relocation of such flood-prone residences incurred by the non-
Federal interest before the date of the partnership agreement for the
project if the Secretary determines that the relocation of such
residences is integral to the project.
SEC. 5125. EASTERN SHORE AND SOUTHWEST VIRGINIA.
Section 219(f)(10) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335) is amended--
(1) by striking ``$20,000,000 for water supply and
wastewater infrastructure'' and inserting the following:
``(A) In general.--$20,000,000 for water supply,
wastewater infrastructure, and environmental
restoration'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward
the non-Federal share of the cost of the project the
cost of work carried out 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.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5126. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA.
The Secretary shall accept funds from the National Park Service to
restore Dyke Marsh, Fairfax County, Virginia.
SEC. 5127. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased siltation in Baker
Bay and Ilwaco Harbor, Washington, to determine if the siltation is the
result of a Federal navigation project (including diverted flows from
the Columbia River) and, if the Secretary determines that the siltation
is the result of a Federal navigation project, the Secretary shall
carry out a project to mitigate the siltation as part of maintenance of
the Federal navigation project.
SEC. 5128. HAMILTON ISLAND CAMPGROUND, WASHINGTON.
The Secretary is authorized to plan, design, and construct a
campground for Bonneville Lock and Dam at Hamilton Island (also know as
``Strawberry Island'') in Skamania County, Washington.
SEC. 5129. PUGET ISLAND, WASHINGTON.
The Secretary is directed to place dredged and other suitable
material along portions of the Columbia River shoreline of Puget
Island, Washington, between river miles 38 to 47 in order to protect
economic and environmental resources in the area from further erosion,
at a Federal cost of $1,000,000. This action shall be coordinated with
appropriate resource agencies and comply with applicable Federal laws.
SEC. 5130. WILLAPA BAY, WASHINGTON.
Section 545 of the Water Resources Development Act of 2000 (114
Stat. 2675) is amended--
(1) in subsection (b)(1) by striking ``may construct'' and
inserting ``shall construct''; and
(2) by inserting ``and ecosystem restoration'' after
``erosion protection'' each place it appears.
SEC. 5131. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) Cheat and Tygart River Basins, West Virginia.--Section
581(a)(1) of the Water Resources Development Act of 1996 (110 Stat.
3790; 113 Stat. 313) is amended--
(1) by striking ``flood control measures'' and inserting
``structural and nonstructural flood control, streambank
protection, stormwater management, and channel clearing and
modification measures''; and
(2) by inserting ``with respect to measures that
incorporate levees or floodwalls'' before the semicolon.
(b) Priority Communities.--Section 581(b) of the Water Resources
Development Act of 1996 (110 Stat. 3791) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) Etna, Pennsylvania, in the Pine Creek watershed; and
``(8) Millvale, Pennsylvania, in the Girty's Run River
basin.''.
(c) Authorization of Appropriations.--Section 581(c) of the Water
Resources Development Act of 1996 (110 Stat. 3791) is amended by
striking ``$12,000,000'' and inserting ``$90,000,000''.
SEC. 5132. CENTRAL WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999 (113
Stat. 371) is amended--
(1) in subsection (a)--
(A) by striking ``Nicholas,''; and
(B) by striking ``Gilmer,'';
(2) in subsection (h) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(3) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity with the consent of the affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
Federal expense.''.
SEC. 5133. SOUTHERN WEST VIRGINIA.
(a) Corps of Engineers.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856; 113 Stat. 320) is amended by
adding at the end the following:
``(h) Corps of Engineers.--Ten percent of the amounts appropriated
to carry out this section may be used by the Corps of Engineers
district offices to administer projects under this section at Federal
expense.''.
(b) Southern West Virginia Defined.--Section 340(f) of such Act is
amended by inserting ``Nicholas,'' after ``Greenbrier,''.
(c) Nonprofit Entities.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856) is further amended by adding
at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a non-Federal
interest may include for any project undertaken under this section a
nonprofit entity with the consent of the affected local government.''.
SEC. 5134. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
Section 211(f) of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) is amended by adding at the end the following:
``(12) Perris, california.--The project for flood control,
Perris, California.
``(13) Thornton reservoir, cook county, illinois.--An
element of the project for flood control, Chicagoland Underflow
Plan, Illinois.
``(14) Larose to golden meadow, louisiana.--The project for
flood control, Larose to Golden Meadow, Louisiana.
``(15) Buffalo bayou, texas.--A project for flood control,
Buffalo Bayou, Texas, to provide an alternative to the project
authorized by the first section of the River and Harbor Act of
June 20, 1938 (52 Stat. 804) and modified by section 3a of the
Flood Control Act of August 11, 1939 (53 Stat. 1414).
``(16) Halls bayou, texas.--A project for flood control,
Halls Bayou, Texas, to provide an alternative to the project
for flood control, Buffalo Bayou and tributaries, Texas,
authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (104 Stat. 4610).''.
SEC. 5135. WAGE SURVEYS.
Employees of the United States Army Corps of Engineers who are paid
wages determined under the last undesignated paragraph under the
heading ``Administrative Provisions'' of chapter V of the Supplemental
Appropriations Act, 1982 (5 U.S.C. 5343 note; 96 Stat. 832) shall be
allowed, through appropriate employee organization representatives, to
participate in wage surveys under such paragraph to the same extent as
are prevailing rate employees under subsection (c)(2) of section 5343
of title 5, United States Code. Nothing in such section 5343 shall be
considered to affect which agencies are to be surveyed under such
paragraph.
SEC. 5136. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Section 219(f) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is amended--
(1) by striking the undesignated paragraph relating to
Charleston, South Carolina, and inserting the following:
``(72) Charleston, south carolina.--$10,000,000 for
wastewater infrastructure, including wastewater collection
systems, and stormwater system improvements, Charleston, South
Carolina.'';
(2) by redesignating the paragraph (71) relating to Placer
and El Dorado Counties, California, as paragraph (73);
(3) by redesignating the paragraph (72) relating to Lassen,
Plumas, Butte, Sierra, and Nevada Counties, California, as
paragraph (74);
(4) by striking the paragraph (71) relating to
Indianapolis, Indiana, and inserting the following:
``(75) Indianapolis, indiana.--$6,430,000 for environmental
infrastructure for Indianapolis, Indiana.'';
(5) by redesignating the paragraph (73) relating to St.
Croix Falls, Wisconsin, as paragraph (76); and
(6) by adding at the end the following:
``(77) St. clair county, alabama.--$5,000,000 for water
related infrastructure, St. Clair County, Alabama.
``(78) Crawford county, arkansas.--$35,000,000 for water
supply infrastructure, Crawford County, Arkansas.
``(79) Alameda and contra costa counties, california.--
$25,000,000 for recycled water treatment facilities within the
East Bay Municipal Utility District service area, Alameda and
Contra Costa Counties, California.
``(80) Arcadia, sierra madre, and upland, california.--
$33,000,000 for water and wastewater infrastructure, Arcadia,
Sierra Madre, and Upland, California, including $13,000,000 for
stormwater infrastructure for Upland, California.
``(81) Big bear area regional wastewater agency,
california.--$15,000,000 for water reclamation and
distribution, Big Bear Area Regional Wastewater Agency,
California.
``(82) Brawley colonia, imperial county, california.--
$1,400,000 for water infrastructure to improve water quality in
the Brawley Colonia Water District, Imperial County,
California.
``(83) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for the
Contra Costa Water District, California.
``(84) East bay, san francisco, and santa clara areas,
california.--$4,000,000 for a desalination project to serve the
East Bay, San Francisco, and Santa Clara areas, California.
``(85) Imperial county, california.--$10,000,000 for
wastewater infrastructure, including a wastewater disinfection
facility and polishing system, to improve water quality in the
vicinity of Calexico, California, on the southern New River,
Imperial County, California.
``(86) Los angeles county, california.--$3,000,000 for
wastewater and water related infrastructure, Diamond Bar, La
Habra Heights, and Rowland Heights, Los Angeles County,
California.
``(87) New river, california.--$10,000,000 for wastewater
infrastructure to improve water quality in the New River,
California.
``(88) Orange county, california.--$15,000,000 for
wastewater and water related infrastructure, Anaheim, Brea, La
Habra, Mission Viejo, Rancho Santa Margarita, and Yorba Linda,
Orange County, California.
``(89) San bernardino county, california.--$9,000,000 for
wastewater and water related infrastructure, Chino and Chino
Hills, San Bernardino County, California.
``(90) Santa clara county, california.--$5,500,000 for an
advanced recycling water treatment plant in Santa Clara County,
California.
``(91) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the
groundwater basin optimization pipeline, Southern Los Angeles
County, California.
``(92) Stockton, california.--$33,000,000 for water
treatment and distribution infrastructure, Stockton,
California.
``(93) Sweetwater reservoir, san diego county,
california.--$375,000 to improve water quality, and remove
nonnative aquatic species from the Sweetwater Reservoir, San
Diego County, California.
``(94) Whittier, california.--$8,000,000 for water,
wastewater, and water related infrastructure, Whittier,
California.
``(95) Montezuma and la plata counties, colorado.--
$1,000,000 for water and wastewater related infrastructure for
the Ute Mountain project, Montezuma and La Plata Counties,
Colorado.
``(96) Otero, bent, crowley, kiowa, and prowers counties,
colorado.--$35,000,000 for water transmission infrastructure,
Otero, Bent, Crowley, Kiowa, and Prowers Counties, Colorado.
``(97) Pueblo and otero counties, colorado.--$34,000,000
for water transmission infrastructure, Pueblo and Otero
Counties, Colorado.
``(98) Ledyard and montville, connecticut.--$7,113,000 for
water infrastructure, Ledyard and Montville, Connecticut.
``(99) Anacostia river, district of columbia and
maryland.--$20,000,000 for environmental infrastructure and
resource protection and development to enhance water quality
and living resources in the Anacostia River watershed, District
of Columbia and Maryland.
``(100) Washington, district of columbia.--$35,000,000 for
implementation of a combined sewer overflow long-term control
plan, Washington, District of Columbia.
``(101) Charlotte county, florida.--$3,000,000 for water
supply infrastructure, Charlotte County, Florida.
``(102) Charlotte, lee, and collier counties, florida.--
$20,000,000 for water supply interconnectivity infrastructure,
Charlotte, Lee, and Collier Counties, Florida.
``(103) Collier county, florida.--$5,000,000 for water
infrastructure to improve water quality in the vicinity of the
Gordon River, Collier County, Florida.
``(104) Jacksonville, florida.--$25,000,000 for wastewater
related infrastructure, including septic tank replacements,
Jacksonville, Florida.
``(105) Sarasota county, florida.--$10,000,000 for water
and wastewater infrastructure in Sarasota County, Florida.
``(106) South seminole and north orange county, florida.--
$30,000,000 for wastewater infrastructure for the South
Seminole and North Orange Wastewater Transmission Authority,
Florida.
``(107) Fayetteville, grantville, lagrange, pine mountain
(harris county), douglasville, and carrollton, georgia.--
$24,500,000 for water and wastewater infrastructure,
Fayetteville, Grantville, LaGrange, Pine Mountain (Harris
County), Douglasville, and Carrollton, Georgia.
``(108) Meriwether and spalding counties, georgia.--
$7,000,000 for water and wastewater infrastructure, Meriwether
and Spalding Counties, Georgia.
``(109) North vernon and butlerville, indiana.--$1,700,000
for wastewater infrastructure, North Vernon and Butlerville,
Indiana.
``(110) Salem, washington county, indiana.--$3,200,000 for
water supply infrastructure, Salem, Washington County, Indiana.
``(111) Central kentucky.--$10,000,000 for water related
infrastructure and resource protection and development, Scott,
Franklin, Woodford, Anderson, Fayette, Mercer, Jessamine,
Boyle, Lincoln, Garrard, Madison, Estill, Powell, Clark,
Montgomery, and Bourbon Counties, Kentucky.
``(112) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine, Louisiana.
``(113) Shreveport, louisiana.--$20,000,000 for water
supply infrastructure in Shreveport, Louisiana.
``(114) Central iron range sanitary sewer district,
minnesota.--$12,000,000 for wastewater infrastructure for the
Central Iron Range Sanitary Sewer District to serve the cities
of Hibbing, Chisholm, Buhl, and Kinney, and Balkan and Great
Scott Townships, Minnesota.
``(115) Grand rapids, minnesota.--$5,000,000 for wastewater
infrastructure, Grand Rapids, Minnesota.
``(116) City of biloxi, city of gulfport, and harrison
county, mississippi.--$15,000,000 for water and wastewater
related infrastructure, city of Biloxi, city of Gulfport, and
Harrison County, Mississippi.
``(117) Jackson, mississippi.--$25,000,000 for water and
wastewater infrastructure, Jackson, Mississippi.
``(118) Clark county, nevada.--$30,000,000 for wastewater
infrastructure, Clark County, Nevada.
``(119) Henderson, nevada.--$5,000,000 for wastewater
infrastructure, Henderson, Nevada.
``(120) Paterson, new jersey.--$35,000,000 for wastewater
infrastructure, Paterson, New Jersey.
``(121) Ellicottville, new york.--$2,000,000 for water
supply, water, and wastewater infrastructure in Ellicottville,
New York.
``(122) Sennett, new york.--$1,500,000 for water
infrastructure, Town of Sennett, New York.
``(123) Wellsville, new york.--$2,000,000 for water supply,
water, and wastewater infrastructure in Wellsville, New York.
``(124) Springport and fleming, new york.--$10,000,000 for
water related infrastructure, including water mains, pump
stations, and water storage tanks, Springport and Fleming, New
York.
``(125) Cabarrus county, north carolina.--$4,500,000 for
water related infrastructure, Cabarrus County, North Carolina.
``(126) Charlotte, north carolina.--$11,000,000 for phase
II of the Briar Creek wastewater project, Charlotte, North
Carolina.
``(127) Richmond county, north carolina.--$13,500,000 for
water related infrastructure, Richmond County, North Carolina.
``(128) Union county, north carolina.--$6,000,000 for
wastewater infrastructure, Union County, North Carolina.
``(129) Saipan, northern mariana islands.--$20,000,000 for
water related infrastructure, Saipan, Northern Mariana Islands.
``(130) Lake county, ohio.--$1,500,000 for wastewater
infrastructure, Lake County, Ohio.
``(131) Mentor-on-lake, ohio.--$625,000 for water and
wastewater infrastructure, Mentor-on-Lake, Ohio.
``(132) Willowick, ohio.--$665,000 for water and wastewater
infrastructure, Willowick, Ohio.
``(133) Albany, oregon.--$35,000,000 for wastewater
infrastructure to improve habitat restoration, Albany, Oregon.
``(134) Borough of stockerton, borough of tatamy, and
palmer township, pennsylvania.--$10,000,000 for stormwater
control measures, particularly to address sinkholes, in the
vicinity of the Borough of Stockerton, the Borough of Tatamy,
and Palmer Township, Pennsylvania.
``(135) Hatfield borough, pennsylvania.--$310,000 for
wastewater related infrastructure for Hatfield Borough,
Pennsylvania.
``(136) Lehigh county, pennsylvania.--$5,000,000 for
stormwater control measures and storm sewer improvements,
Lehigh County, Pennsylvania.
``(137) North wales borough, pennsylvania.--$1,516,584 for
wastewater related infrastructure for North Wales Borough,
Pennsylvania.
``(138) Pen argyl, pennsylvania.--$5,250,000 for wastewater
infrastructure, Pen Argyl, Pennsylvania.
``(139) Philadelphia, pennsylvania.--$1,600,000 for
wastewater related infrastructure for Philadelphia,
Pennsylvania.
``(140) Vera cruz, pennsylvania.--$5,500,000 for wastewater
infrastructure, Vera Cruz, Pennsylvania.
``(141) Commonwealth of puerto rico.--$35,000,000 for water
and wastewater infrastructure in the Commonwealth of Puerto
Rico.
``(142) Charleston, south carolina.--$1,000,000 for
stormwater control measures and storm sewer improvements,
Spring Street/Fishburne Street drainage project, Charleston,
South Carolina.
``(143) Crooked creek, marlboro county, south carolina.--
$25,000,000 for a project for water storage and water supply
infrastructure on Crooked Creek, Marlboro County, South
Carolina.
``(144) Myrtle beach, south carolina.--$8,000,000 for
environmental infrastructure, including ocean outfalls, Myrtle
Beach, South Carolina.
``(145) North myrtle beach, south carolina.--$8,000,000 for
environmental infrastructure, including ocean outfalls, North
Myrtle Beach, South Carolina.
``(146) Surfside, south carolina.--$8,000,000 for
environmental infrastructure, including stormwater system
improvements and ocean outfalls, Surfside, South Carolina.
``(147) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.
``(148) Central texas.--$20,000,000 for water and
wastewater infrastructure in Bosque, Brazos, Burleson, Grimes,
Hill, Hood, Johnson, Madison, McLennan, Limestone, Robertson,
and Somervell Counties, Texas.
``(149) El paso county, texas.--$25,000,000 for water
related infrastructure and resource protection, including
stormwater management, and development, El Paso County, Texas.
``(150) Ft. bend county, texas.--$20,000,000 for water and
wastewater infrastructure, Ft. Bend County, Texas.
``(151) Duchesne, iron, and uintah counties, utah.--
$10,800,000 for water related infrastructure, Duchesne, Iron,
and Uintah Counties, Utah.
``(152) Northern west virginia.--$20,000,000 for water and
wastewater infrastructure in Hancock, Ohio, Marshall, Wetzel,
Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion,
Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant,
Gilmer, Brooke, Ritchie Counties, West Virginia.
``(153) United states virgin islands.--$25,000,000 for
wastewater infrastructure for the St. Croix Anguilla wastewater
treatment plant and the St. Thomas Charlotte Amalie wastewater
treatment plant, United States Virgin Islands.
``(154) Cheyenne river sioux reservation (dewey and ziebach
counties) and perkins and meade counties, south dakota.--
$25,000,000 for water supply infrastructure for the Cheyenne
River Sioux Reservation in Dewey and Ziebach Counties, and for
communities in Perkins and Meade Counties, South Dakota.''.
TITLE VI--FLORIDA EVERGLADES
SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA.
(a) Modification.--The project for Hillsboro and Okeechobee
Aquifer, Florida, authorized by section 101(a)(16) of the Water
Resources Development Act of 1999 (113 Stat. 276), is modified to
authorize the Secretary to carry out the project at a total cost of
$42,500,000.
(b) Treatment.--Section 601(b)(2)(A) of the Water Resources
Development Act of 2000 (114 Stat. 2681) is amended--
(1) in clause (i) by adding at the end the following: ``The
project for aquifer storage and recovery, Hillsboro and
Okeechobee Aquifer, Florida, authorized by section 101(a)(16)
of the Water Resources Development Act of 1999 (113 Stat. 276),
shall be treated for purposes of this section as being in the
Plan, except that operation and maintenance costs of the
project shall remain a non-Federal responsibility.''; and
(2) in clause (iii) by inserting after ``subparagraph (B)''
the following: ``and the project for aquifer storage and
recovery, Hillsboro and Okeechobee Aquifer''.
SEC. 6002. PILOT PROJECTS.
Section 601(b)(2)(B) of the Water Resources Development Act of 2000
(114 Stat. 2681) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``$69,000,000'' and inserting
``$71,200,000''; and
(B) by striking ``$34,500,000'' each place it
appears and inserting ``$35,600,000''; and
(2) in clause (i)--
(A) by striking ``$6,000,000'' and inserting
``$8,200,000''; and
(B) by striking ``$3,000,000'' each place it
appears and inserting ``$4,100,000''.
SEC. 6003. INITIAL PROJECTS.
Section 601(b)(2)(C) of the Water Resources Development Act of 2000
(114 Stat. 2682) is amended--
(1) in the matter preceding clause (i) by striking ``at a
total cost of $1,100,918,000'' and all that follows before the
colon;
(2) in clause (iv)--
(A) by striking ``$100,335,000'' and inserting
``$162,630,000''; and
(B) by striking ``$50,167,500'' each place it
appears and inserting ``$81,315,000'';
(3) in clause (v)--
(A) by striking ``$124,837,000'' and inserting
``$385,010,000''; and
(B) by striking ``$62,418,500'' each place it
appears and inserting ``$192,505,000''; and
(4) in clause (vi)--
(A) by striking ``$89,146,000'' and inserting
``$199,340,000''; and
(B) by striking ``$44,573,000'' each place it
appears and inserting ``$99,670,000''.
SEC. 6004. MAXIMUM COSTS.
(a) Maximum Cost of Projects.--Section 601(b)(2)(E) of the Water
Resources Development Act of 2000 (114 Stat. 2683) is amended by
inserting ``and section (d)'' before the period at the end.
(b) Maximum Cost of Program Authority.--Section 601(c)(3) of such
Act (114 Stat. 2684) is amended by adding at the end the following:
``(C) Maximum cost of program authority.--Section
902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280) shall apply to the individual project
funding limits in subparagraph (A) and the aggregate
cost limits in subparagraph (B).''.
SEC. 6005. PROJECT AUTHORIZATION.
Section 601(d) of the Water Resources Development Act of 2000 (114
Stat. 2684) is amended by adding at the end the following:
``(3) Project authorization.--The following project for
water resources development and conservation and other purposes
is authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the report designated in this paragraph:
``(A) Indian river lagoon south, florida.--The
project for ecosystem restoration, water supply, flood
damage reduction, and protection of water quality,
Indian River Lagoon South, Florida: Report of the Chief
of Engineers dated August 6, 2004, at a total cost of
$1,365,000,000, with an estimated Federal cost of
$682,500,000 and an estimated non-Federal cost of
$682,500,000.
``(B) Picayune strand, florida.--The project for
environmental restoration, Picayune Strand, Florida:
Report of the Chief of Engineers dated September 15,
2005, at a total cost of $375,330,000, with an
estimated Federal cost of $187,665,000 and an estimated
non-Federal cost of $187,665,000.
``(C) Site 1 impoundment, florida.--The project for
environmental restoration, Site 1 Impoundment, Florida:
Report of the Chief of Engineers dated December 19,
2006, at a total cost of $80,840,000, with an estimated
Federal cost of $40,420,000 and an estimated non-
Federal cost of $40,420,000.''.
SEC. 6006. CREDIT.
Section 601(e)(5)(B) of the Water Resources Development Act of 2000
(114 Stat. 2685) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by adding ``or'' at the end of subclause (II);
and
(C) by adding at the end the following:
``(III) the credit is provided for work
carried out before the date of the partnership
agreement between the Secretary and the non-
Federal sponsor, as defined in an agreement
between the Secretary and the non-Federal
sponsor providing for such credit;''; and
(2) in clause (ii)--
(A) by striking ``design agreement or the project
cooperation''; and
(B) by inserting before the semicolon the
following: ``, including in the case of credit provided
under clause (i)(III) conditions relating to design and
construction''.
SEC. 6007. OUTREACH AND ASSISTANCE.
Section 601(k) of the Water Resources Development Act of 2000 (114
Stat. 2691) is amended by adding at the end the following:
``(3) Maximum expenditures.--The Secretary may expend up to
$3,000,000 per fiscal year for fiscal years beginning after
September 30, 2004, to carry out this subsection.''.
SEC. 6008. CRITICAL RESTORATION PROJECTS.
Section 528(b)(3)(C) of the Water Resources Development Act of 1996
(110 Stat. 3769; 113 Stat. 286) is amended--
(1) in clause (i) by striking ``$75,000,000'' and all that
follows through ``2003'' and inserting ``$95,000,000''; and
(2) in clause (ii) by striking ``$25,000,000'' and
inserting ``$30,000,000''.
SEC. 6009. MODIFIED WATER DELIVERIES.
(a) In General.--The project, Modified Water Deliveries to
Everglades National Park, authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-8),
as described in the General Design Memorandum and Environmental Impact
Statement for Modified Water Deliveries to Everglades National Park,
June 1992, is modified to authorize the Secretary to construct the
project substantially in accordance with the Revised General
Reevaluation Report/Second Supplemental Environmental Impact Statement
for the Tamiami Trail Modifications, Modified Water Deliveries to
Everglades National Park, August 2005, at a total cost of $144,131,000.
(b) Use of Funds.--Funds made available under section 102(f) of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-6), may be used to carry out the project modification under
subsection (a).
(c) Source and Allocation of Funds.--
(1) In general.--Except as provided in paragraph (2),
Federal costs incurred for construction of the project
modification under subsection (a) on or after October 1, 2004,
shall be shared equally between the Secretary and the Secretary
of the Interior.
(2) Acceptance and use of funds.--The Secretary may accept
and expend funds, without further appropriation, provided from
another Federal agency or from non-Federal interests for
construction of the project modification under subsection (a)
or for carrying out such other work that the Secretary
determines to be appropriate and consistent with authorized
purposes of the modified project.
SEC. 6010. DEAUTHORIZATIONS.
The following projects are not authorized after the date of
enactment of this Act:
(1) The uncompleted portions of the project for the C-44
Basin Storage Reservoir of the Comprehensive Everglades
Restoration Plan, authorized by section 601(b)(2)(C)(i) of the
Water Resources Development Act of 2000 (114 Stat. 2682), at a
total cost of $147,800,000, with an estimated Federal cost of
$73,900,000 and an estimated non-Federal cost of $73,900,000.
(2) The uncompleted portions of the Martin County, Florida,
modifications to the project for Central and Southern Florida,
authorized by section 203 of the Flood Control Act of 1968 (82
Stat. 740), at a total cost of $15,471,000, with an estimated
Federal cost of $8,073,000 and an estimated non-Federal cost of
$7,398,000.
(3) The uncompleted portions of the East Coast Backpumping,
St. Lucie-Martin County, Spillway Structure S-311 modifications
to the project for Central and Southern Florida, authorized by
section 203 of the Flood Control Act of 1968 (82 Stat. 740), at
a total cost of $77,118,000, with an estimated Federal cost of
$55,124,000 and an estimated non-Federal cost of $21,994,000.
SEC. 6011. REGIONAL ENGINEERING MODEL FOR ENVIRONMENTAL RESTORATION.
(a) In General.--The Secretary shall complete the development and
testing of the regional engineering model for environmental restoration
as expeditiously as practicable.
(b) Usage.--The Secretary shall consider using, as appropriate, the
regional engineering model for environmental restoration in the
development of future water resource projects, including projects
developed pursuant to section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680).
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out subsection (a).
TITLE VII--LOUISIANA COASTAL AREA
SEC. 7001. DEFINITIONS.
In this title, the following definitions apply:
(1) Coastal louisiana ecosystem.--The term ``coastal
Louisiana ecosystem'' means the coastal area of Louisiana from
the Sabine River on the west to the Pearl River on the east,
including those parts of the Deltaic Plain and the Chenier
Plain included within the study area of the Plan.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Louisiana.
(3) Plan.--The term ``Plan'' means the report of the Chief
of Engineers for ecosystem restoration for the Louisiana
Coastal Area dated January 31, 2005.
(4) Task force.--The term ``Task Force'' means the Coastal
Louisiana Ecosystem Protection and Restoration Task Force
established by section 7003.
SEC. 7002. COMPREHENSIVE PLAN.
(a) In General.--The Secretary, in coordination with the Governor,
shall develop a comprehensive plan for protecting, preserving, and
restoring the coastal Louisiana ecosystem.
(b) Integration of Plan Into Comprehensive Hurricane Protection
Study.--In developing the comprehensive plan, the Secretary shall
integrate the plan into the analysis and design of the comprehensive
hurricane protection study authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2247).
(c) Consistency With Comprehensive Coastal Protection Master
Plan.--In developing the comprehensive plan, the Secretary shall ensure
that the plan is consistent with the goals, analysis, and design of the
comprehensive coastal protection master plan authorized and defined
pursuant to Act 8 of the First Extraordinary Session of the Louisiana
State Legislature, 2005, including--
(1) investigation and study of the maximum effective use of
the water and sediment of the Mississippi and Atchafalaya
Rivers for coastal restoration purposes consistent with flood
control and navigation;
(2) a schedule for the design and implementation of large-
scale water and sediment reintroduction projects and an
assessment of funding needs from any source; and
(3) an investigation and assessment of alterations in the
operation of the Old River Control Structure, consistent with
flood control and navigation purposes.
(d) Inclusions.--The comprehensive plan shall include a description
of--
(1) the framework of a long-term program integrated with
hurricane and storm damage reduction, flood damage reduction,
and navigation activities that provide for the comprehensive
protection, conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary), barrier
islands, shorelines, and related land and features of the
coastal Louisiana ecosystem, including protection of critical
resources, habitat, and infrastructure from the effects of a
coastal storm, a hurricane, erosion, or subsidence;
(2) the means by which a new technology, or an improved
technique, can be integrated into the program referred to in
paragraph (1);
(3) the role of other Federal and State agencies and
programs in carrying out such program;
(4) specific, measurable ecological success criteria by
which success of the plan will be measured; and
(5) proposed projects in order of priority as determined by
their respective potential to contribute to--
(A) creation of coastal wetlands; and
(B) flood protection of communities ranked by
population density and level of protection.
(e) Considerations.--In developing the comprehensive plan, the
Secretary shall consider the advisability of integrating into the
program referred to in subsection (d)(1)--
(1) any related Federal or State project being carried out
on the date on which the plan is developed;
(2) any activity in the Plan; or
(3) any other project or activity identified in--
(A) the Mississippi River and Tributaries program;
(B) the Louisiana Coastal Wetlands Conservation
Plan;
(C) the Louisiana Coastal Zone Management Plan; or
(D) the plan of the State of Louisiana entitled
``Integrated Ecosystem Restoration and Hurricane
Protection--Louisiana's Comprehensive Master Plan for a
Sustainable Coast''.
(f) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report containing the comprehensive plan.
(2) Updates.--Not later that 5 years after the date of
submission of a report under paragraph (1), and at least once
every 5 years thereafter until implementation of the
comprehensive plan is complete, the Secretary shall submit to
Congress a report containing an update of the plan and an
assessment of the progress made in implementing the plan.
SEC. 7003. LOUISIANA COASTAL AREA.
(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially
in accordance with the report of the Chief of Engineers, dated January
31, 2005.
(b) Priorities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall give priority to--
(A) any portion of the program identified in the
report described in subsection (a) as a critical
restoration feature;
(B) any Mississippi River diversion project that--
(i) will protect a major population area of
the Pontchartain, Pearl, Breton Sound,
Barataria, or Terrebonne basins; and
(ii) will produce an environmental benefit
to the coastal Louisiana ecosystem;
(C) any barrier island, or barrier shoreline,
project that--
(i) will be carried out in conjunction with
a Mississippi River diversion project; and
(ii) will protect a major population area;
(D) any project that will reduce storm surge and
prevent or reduce the risk of loss of human life and
the risk to public safety; and
(E) a project to physically modify the Mississippi
River-Gulf outlet and to restore the areas affected by
the Mississippi River-Gulf outlet in accordance with
the comprehensive plan to be developed under section
7002(a), subject to the conditions and recommendations
in a final report of the Chief of Engineers.
SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK
FORCE.
(a) Establishment.--There is established a task force to be known
as the Coastal Louisiana Ecosystem Protection and Restoration Task
Force (in this section referred to as the ``Task Force'').
(b) Membership.--The Task Force shall consist of the following
members (or, in the case of the head of a Federal agency, a designee at
the level of Assistant Secretary or an equivalent level):
(1) The Secretary.
(2) The Secretary of the Interior.
(3) The Secretary of Commerce.
(4) The Administrator of the Environmental Protection
Agency.
(5) The Secretary of Agriculture.
(6) The Secretary of Transportation.
(7) The Secretary of Energy.
(8) The Director of the Federal Emergency Management
Agency.
(9) The Commandant of the Coast Guard.
(10) The Coastal Advisor to the Governor.
(11) The Secretary of the Louisiana Department of Natural
Resources.
(12) A representative of the Governor's Advisory Commission
on Coastal Restoration and Conservation.
(c) Duties.--The Task Force shall make recommendations to the
Secretary regarding--
(1) policies, strategies, plans, programs, projects, and
activities for addressing conservation, protection,
restoration, and maintenance of the coastal Louisiana
ecosystem;
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem, including
recommendations--
(A) that identify funds from current agency
missions and budgets; and
(B) for coordinating individual agency budget
requests; and
(3) the comprehensive plan to be developed under section
7002(a).
(d) Report.--The Task Force shall submit to Congress a biennial
report that summarizes the activities of the Task Force.
(e) Working Groups.--
(1) General authority.--The Task Force may establish such
working groups as the Task Force determines to be necessary to
assist the Task Force in carrying out this section.
(2) Hurricanes katrina and rita.--
(A) In general.--The Task Force may establish a
working group for the purpose of advising the Task
Force of opportunities to integrate the planning,
engineering, design, implementation, and performance of
Corps of Engineers projects for hurricane and storm
damage reduction, flood damage reduction, ecosystem
restoration, and navigation in those areas in Louisiana
for which a major disaster has been declared by the
President as a result of Hurricane Katrina or Rita.
(B) Expertise; representation.--In establishing the
working group under subparagraph (A), the Task Force
shall ensure that the group--
(i) has expertise in coastal estuaries,
diversions, coastal restoration and wetlands
protection, ecosystem restoration, hurricane
protection, storm damage reduction systems,
navigation, and ports; and
(ii) represents the State of Louisiana and
local governments in south Louisiana.
(f) Compensation.--Members of the Task Force and members of a
working group established by the Task Force may not receive
compensation for their services as members of the Task Force or working
group, as the case may be.
(g) Travel Expenses.--Travel expenses incurred by members of the
Task Force and members of a working group established by the Task
Force, in the performance of their service on the Task Force or working
group, as the case may be, shall be paid by the agency or entity that
the member represents.
(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Task Force or any working group
established by the Task Force.
SEC. 7005. PROJECT MODIFICATIONS.
(a) Review.--The Secretary, in cooperation with the non-Federal
interest of the project involved, shall review each Federally-
authorized water resources project in the coastal Louisiana ecosystem
being carried out or completed as of the date of enactment of this Act
to determine whether the project needs to be modified--
(1) under the program authorized by section 7003; or
(2) to contribute to ecosystem restoration under section
7003.
(b) Modifications.--Subject to subsections (c) and (d), the
Secretary may carry out the modifications described in subsection (a).
(c) Public Notice and Comment.--Before completing the report
required under subsection (d), the Secretary shall provide an
opportunity for public notice and comment.
(d) Report.--
(1) In general.--Before modifying an operation or feature
of a project under subsection (b), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report describing the
modification.
(2) Inclusion.--A report describing a modification under
paragraph (1) shall include such information relating to the
timeline for and cost of the modification, as the Secretary
determines to be relevant.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 7006. CONSTRUCTION.
(a) Science and Technology.--
(1) In general.--The Secretary shall carry out a coastal
Louisiana ecosystem program substantially in accordance with
the Plan, at a total cost of $100,000,000.
(2) Purposes.--The purposes of the program under paragraph
(1) shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and
cultural baseline conditions in coastal Louisiana
ecosystem;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline
conditions in coastal Louisiana ecosystem; and
(C) to identify and develop technologies, models,
and methods to carry out this subsection.
(3) Working groups.--The Secretary may establish such
working groups as the Secretary determines to be necessary to
assist the Secretary in carrying out this subsection.
(4) Contracts and cooperative agreements.--In carrying out
this subsection, the Secretary may enter into a contract or
cooperative agreement with an individual or entity (including a
consortium of academic institutions in Louisiana) with
scientific or engineering expertise in the restoration of
aquatic and marine ecosystems for coastal restoration and
enhancement through science and technology.
(5) Applicability of the federal advisory committee act.--A
working group established under this subsection shall not be
considered to be an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
(b) Demonstration Projects.--
(1) In general.--Subject to paragraph (2), the Secretary
may carry out demonstration projects substantially in
accordance with the Plan and within the coastal Louisiana
ecosystem for the purpose of resolving critical areas of
scientific or technological uncertainty related to the
implementation of the comprehensive plan to be developed under
section 7002(a).
(2) Maximum cost.--
(A) Total cost.--The total cost for planning,
design, and construction of all projects under this
subsection shall not exceed $100,000,000.
(B) Individual project.--The total cost of an
individual project under this subsection shall not
exceed $25,000,000.
(c) Initial Projects.--
(1) In general.--The Secretary is authorized to carry out
the following projects substantially in accordance with the
Plan:
(A) Mississippi River Gulf Outlet environmental
restoration at a total cost of $105,300,000.
(B) Small diversion at Hope Canal at a total cost
of $68,600,000.
(C) Barataria basin barrier shoreline restoration
at a total cost of $242,600,000.
(D) Small Bayou Lafourche reintroduction at a total
cost of $133,500,000.
(E) Medium diversion at Myrtle Grove with dedicated
dredging at a total cost of $278,300,000.
(2) Modifications.--
(A) In general.--In carrying out each project under
paragraph (1), the Secretary shall carry out such
modifications as may be necessary to the ecosystem
restoration features identified in the Plan to address
the impacts of Hurricanes Katrina and Rita on the areas
of the project.
(B) Integration.--The Secretary shall ensure that
each modification under subparagraph (A) is taken into
account in conducting the study of comprehensive
hurricane protection authorized by title I of the
Energy and Water Development Appropriations Act, 2006
(119 Stat. 2247).
(3) Construction reports.--Before the Secretary may begin
construction of any project under this subsection, the
Secretary shall submit a report documenting any modifications
to the project, including cost changes, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Applicability of other provisions.--Notwithstanding
section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280), the cost of a project described in paragraph (1)
and any modifications to the project shall not exceed 150
percent of the cost of such project set forth in paragraph (1).
(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.
(e) Additional Projects.--
(1) In general.--The Secretary is authorized to carry out a
project for ecosystem restoration for the Chenier Plain,
Louisiana, and the following projects referred to in the Plan
if the Secretary determines such projects are feasible:
(A) Land Bridge between Caillou Lake and the Gulf
of Mexico at a total cost of $56,300,000.
(B) Gulf Shoreline at Point Au Fer Island at a
total cost of $43,400,000.
(C) Modification of Caernarvon Diversion at a total
cost of $20,700,000.
(D) Modification of Davis Pond Diversion at a total
cost of $64,200,000.
(2) Reports.--Not later than December 31, 2009, the
Secretary shall submit feasibility reports on the projects
described in paragraph (1) to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(3) Construction.--No appropriations shall be made to
construct any project under this subsection if the report under
paragraph (2) has not been approved by resolutions adopted by
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate.
SEC. 7007. NON-FEDERAL COST SHARE.
(a) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of a study or project under this title the cost of
work carried out in the coastal Louisiana ecosystem by the non-Federal
interest before the date of the execution of the partnership agreement
for the study or project if the Secretary determines that the work is
integral to the study or project.
(b) Sources of Funds.--The non-Federal interest may use, and the
Secretary shall accept, funds provided under any other Federal program
to satisfy, in whole or in part, the non-Federal share of the
construction of any project carried out under this title if such funds
are authorized to be used to carry out such project.
(c) Treatment of Credit Between Projects.--Any credit provided
under this section toward the non-Federal share of the cost of a study
or project under this title may be applied toward the non-Federal share
of the cost of any other study or project under this title.
(d) Periodic Monitoring.--
(1) In general.--To ensure that the contributions of the
non-Federal interest equal the non-Federal share of the cost of
a study or project under this title during each 5-year period
beginning after the date of commencement of the first study or
project under this title, the Secretary shall--
(A) monitor for each study or project under this
title the non-Federal provision of cash, in-kind
services and materials, and land, easements, rights-of-
way, relocations, and disposal areas; and
(B) manage the requirement of the non-Federal
interest to provide for each such study or 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 study phase, construction phase,
preconstruction engineering and design phase, and planning
phase for each project authorized on or after date of enactment
of this Act for all or any portion of the coastal Louisiana
ecosystem.
(e) 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. 7008. 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 activity under this title or any other
provision of law to protect, conserve, and restore the coastal
Louisiana ecosystem, the Secretary may determine that--
(1) the project or activity is justified by the
environmental benefits derived by the coastal Louisiana
ecosystem; and
(2) no further economic justification for the project or
activity is required if the Secretary determines that the
project or activity is cost effective.
(b) Limitation on Applicability.--Subsection (a) shall not apply to
any separable element of a project intended to produce benefits that
are predominantly unrelated to the protection, preservation, and
restoration of the coastal Louisiana ecosystem.
SEC. 7009. INDEPENDENT REVIEW.
The Secretary shall establish the Louisiana Water Resources Council
which shall serve as the exclusive peer review panel for projects under
this title as required by section 2037 of this Act.
SEC. 7010. EXPEDITED REPORTS.
The Secretary shall expedite completion of the reports for the
following projects and, if the Secretary determines that a project is
justified in the completed report, proceed directly to project
preconstruction engineering and design:
(1) The projects identified in the study of comprehensive
hurricane protection authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2447).
(2) A project for ecosystem restoration for the Chenier
Plain, Louisiana.
(3) The project for Multipurpose Operation of Houma
Navigation Lock.
(4) The project for Terrebonne Basin Barrier Shoreline
Restoration.
(5) The project for Small Diversion at Convent/Blind River.
(6) The project for Amite River Diversion Canal
Modification.
(7) The project for Medium Diversion at White's Ditch.
(8) The project to convey Atchafalaya River Water to
Northern Terrebonne Marshes.
(9) The projects identified in the Southwest Coastal
Louisiana hurricane and storm damage reduction study authorized
by the Committee on Transportation and Infrastructure of the
House of Representatives on December 7, 2005.
SEC. 7011. REPORTING.
(a) In General.--Not later than 6 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
including a description of--
(1) the projects authorized and undertaken under this
title;
(2) the construction status of the projects;
(3) the cost to date and the expected final cost of each
project undertaken under this title; and
(4) the benefits and environmental impacts of the projects.
(b) External Review.--The Secretary shall enter into a contract
with the National Academy of Sciences under which the National Academy
of Sciences shall perform and submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate an external review of the
demonstration program authorized by subsection 7006(b).
SEC. 7012. NEW ORLEANS AND VICINITY.
(a) In General.--The Secretary is authorized to--
(1) raise levee heights where necessary and otherwise
enhance the Lake Pontchartrain and Vicinity Project and the
West Bank and Vicinity Project to provide the levels of
protection necessary to achieve the certification required for
participation in the national flood insurance program under the
National Flood Insurance Act of 1965 (42 U.S.C. 2001 et seq.);
(2) modify the 17th Street, Orleans Avenue, and London
Avenue drainage canals and install pumps and closure structures
at or near the lakefront at Lake Pontchartrain;
(3) armor critical elements of the New Orleans hurricane
and storm damage reduction system;
(4) modify the Inner Harbor Navigation Canal to increase
the reliability of the flood protection system for the city of
New Orleans;
(5) replace or modify certain non-Federal levees in
Plaquemines Parish to incorporate the levees into the New
Orleans to Venice Hurricane Protection Project;
(6) reinforce or replace flood walls in the existing Lake
Pontchartrain and Vicinity Project and the existing West Bank
and Vicinity Project to improve performance of the flood and
storm damage reduction systems;
(7) perform one time stormproofing of interior pump
stations to ensure the operability of the stations during
hurricanes, storms, and high water events;
(8) repair, replace, modify and improve non-Federal levees
and associated protection measures in Terrebonne Parish; and
(9) reduce the risk of storm damage to the greater New
Orleans metropolitan area by restoring the surrounding wetlands
through measures to begin to reverse wetland losses in areas
affected by navigation, oil and gas, and other channels and
through modification of the Caernarvon Freshwater Diversion
structure or its operations.
(b) Funding Authority.--Activities authorized by subsection (a) and
section 7013 shall be carried out in a manner that is consistent with
the cost-sharing requirements specified in the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234).
(c) Conditions.--The Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate if
estimates for the expenditure of funds on any single project or
activity identified in subsection (a) exceeds the amount specified for
that project or activity in the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234). No appropriation in excess of 25 percent above
the amount specified for a project or activity in such Act shall be
made until an increase in the level of expenditure has been approved by
resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
SEC. 7013. MISSISSIPPI RIVER GULF OUTLET.
(a) Deauthorization.--
(1) In general.--The navigation channel portion of the
project for navigation, Mississippi River-Gulf outlet,
authorized by the Act entitled, ``An Act to authorize
construction of the Mississippi River-Gulf outlet'', approved
March 29, 1956 (70 Stat. 65), as modified by section 844 of the
Water Resources Development Act of 1986 (100 Stat. 4177), and
further modified by section 326 of the Water Resources
Development Act of 1996 (110 Stat. 3717), which extends from
the Gulf of Mexico to mile 60 at the southern bank of the Gulf
Intracoastal Waterway is not authorized.
(2) Scope.--Paragraph (1) shall not be construed to modify
or deauthorize the Inner Harbor Navigation Canal Replacement
Project, authorized by the Act referred to in paragraph (1).
(b) Plan for Closure and Restoration.--The Secretary shall carry
out a study and implement a project to physically modify the
Mississippi River-Gulf outlet and to restore the areas affected by the
Mississippi River-Gulf outlet in accordance with the plan to be
developed under section 7002(a), subject to the conditions and
recommendations in a final report of the Chief of Engineers if a
favorable report of the Chief is completed not later than 180 days
after the date of enactment of this Act. The plan shall incorporate the
recommendations of the Interim Mississippi River Gulf Outlet Deep-Draft
De-Authorization Report submitted to Congress in December 2006.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the project described in subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for the costs of carrying out the study and
developing the report of the Chief of Engineers required by subsection
(b). Such costs shall be a Federal expense.
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 System: Report of the Chief of
Engineers, dated December 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 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.
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.
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 NAVIGATION IMPROVEMENTS.
(a) Small Scale and Nonstructural Measures.--
(1) In general.--The Secretary shall--
(A) construct mooring facilities at Locks 12, 14,
18, 20, 22, 24, and LaGrange Lock or other alternative
locations that are economically and environmentally
feasible;
(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 subsection shall be
$235,000,000. Such costs are to be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
Such sums shall remain available until expended.
(b) New Locks.--
(1) In general.--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.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be
$1,795,000,000. Such costs are to be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
Such sums shall remain available until expended.
(c) Concurrence.--The mitigation required for the projects
authorized under subsections (a) and (b), including any acquisition of
lands or interests in lands, shall be undertaken or acquired
concurrently with lands and interests 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 sustainability of the
existing Upper Mississippi River and Illinois Waterway System, the
Secretary shall modify, consistent with requirements to avoid 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.
(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 ecosystem of the Upper Mississippi River
and Illinois River in accordance with the general framework
outlined in the Plan.
(2) Projects included.--Ecosystem restoration 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;
(J) dam point control;
(K) use of dredged material for environmental
purposes;
(L) tributary confluence restoration;
(M) spillway, dam, and levee modification to
benefit the environment; and
(N) land and easement acquisition.
(3) Cost sharing.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of carrying out an ecosystem restoration project
under this subsection shall be 65 percent.
(B) Exception for certain restoration projects.--In
the case of a project under this section 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 of structures
for navigation; or
(iii) is located on federally owned land.
(C) Savings clause.--Nothing in this subsection
affects the applicability of section 906(e) of the
Water Resources Development Act of 1986 (33 U.S.C.
2283(e)).
(D) Nongovernmental organizations.--Notwithstanding
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b), for any project carried out under this
title, a non-Federal sponsor may include a nonprofit
entity, with the consent of the affected local
government.
(4) Land acquisition.--The Secretary may acquire land or an
interest in land for an ecosystem restoration project from a
willing seller through conveyance of--
(A) fee title to the land; or
(B) a flood plain conservation easement.
(c) Monitoring.--The Secretary shall carry out a long term resource
monitoring, computerized data inventory and analysis, and applied
research program for the Upper Mississippi River and Illinois River to
determine trends in ecosystem health, to understand systemic changes,
and to help identify restoration needs. The program shall adopt and
continue the monitoring program established under section
1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (33
U.S.C. 652(e)(1)(A)(ii)).
(d) Ecosystem Restoration Preconstruction Engineering and Design.--
(1) Restoration design.--Before initiating the construction
of any individual ecosystem restoration project, the Secretary
shall--
(A) establish ecosystem restoration goals and
identify specific performance measures designed to
demonstrate ecosystem restoration;
(B) establish the without-project condition or
baseline for each performance indicator; and
(C) for each separable element of the ecosystem
restoration, identify specific target goals for each
performance indicator.
(2) Outcomes.--Performance measures identified under
paragraph (1)(A) shall include specific measurable
environmental outcomes, such as changes in water quality,
hydrology, or the well-being of indicator species the
population and distribution of which are representative of the
abundance and diversity of ecosystem-dependent aquatic and
terrestrial species.
(3) Restoration design.--Restoration design carried out as
part of ecosystem restoration shall include a monitoring plan
for the performance measures identified under paragraph (1)(A),
including--
(A) a timeline to achieve the identified target
goals; and
(B) a timeline for the demonstration of project
completion.
(e) Consultation and Funding Agreements.--
(1) In general.--In carrying out the environmental
sustainability, ecosystem restoration, and monitoring
activities authorized in this section, the Secretary shall
consult with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin.
(2) Funding agreements.--The Secretary is authorized to
enter into agreements with the Secretary of the Interior, the
Upper Mississippi River Basin Association, and natural resource
and conservation agencies of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin to provide for the direct
participation of and transfer of funds to such entities for the
planning, implementation, and evaluation of projects and
programs established by this section.
(f) Specific Projects Authorization.--
(1) In general.--There is authorized to be appropriated to
carry out this subsection $1,580,000,000, of which not more
than $226,000,000 shall be available for projects described in
subsection (b)(2)(B) and not more than $43,000,000 shall be
available for projects described in subsection (b)(2)(J). Such
sums shall remain available until expended.
(2) Limitation on available funds.--Of the amounts made
available under paragraph (1), not more than $35,000,000 in any
fiscal year may be used for land acquisition under subsection
(b)(4).
(3) Individual project limit.--Other than for projects
described in subparagraphs (B) and (J) of subsection (b)(2),
the total cost of any single project carried out under this
subsection shall not exceed $25,000,000.
(4) Monitoring.--In addition to amounts authorized under
paragraph (1), there are authorized $10,420,000 per fiscal year
to carry out the monitoring program under subsection (c) if
such sums are not appropriated pursuant to section 1103(e)(4)
the Water Resources Development Act of 1986 (33 U.S.C.
652(e)(4)).
(g) Implementation Reports.--
(1) In general.--Not later than June 30, 2008, 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--
(A) includes baselines, milestones, goals, and
priorities for ecosystem restoration projects; and
(B) measures the progress in meeting the goals.
(2) Advisory panel.--
(A) In general.--The Secretary shall appoint and
convene an advisory panel to provide independent
guidance in the development of each implementation
report under paragraph (1).
(B) Panel members.--Panel members shall include--
(i) one 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) one representative of the Department
of Agriculture;
(iii) one representative of the Department
of Transportation;
(iv) one representative of the United
States Geological Survey;
(v) one representative of the United States
Fish and Wildlife Service;
(vi) one representative of the
Environmental Protection Agency;
(vii) one representative of affected
landowners;
(viii) two representatives of conservation
and environmental advocacy groups; and
(ix) two representatives of agriculture and
industry advocacy groups.
(C) Chairperson.--The Secretary shall serve as
chairperson of the advisory panel.
(D) Application of federal advisory committee
act.--The Advisory Panel and any working group
established by the Advisory Panel shall not be
considered an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
(h) Ranking System.--
(1) In general.--The Secretary, in consultation with the
Advisory Panel, shall develop a system to rank proposed
projects.
(2) Priority.--The ranking system shall give greater weight
to projects that restore natural river processes, including
those projects listed in subsection (b)(2).
SEC. 8005. COMPARABLE PROGRESS.
(a) In General.--As the Secretary conducts pre-engineering, design,
and construction for projects authorized under this title, the
Secretary shall--
(1) select appropriate milestones;
(2) determine, at the time of such selection, whether the
projects are being carried out at comparable rates; and
(3) make an annual report to Congress, beginning in fiscal
year 2008, regarding whether the projects are being carried out
at a comparable rate.
(b) No Comparable Rate.--If the Secretary or Congress determines
under subsection (a)(2) that projects authorized under this title are
not moving toward completion at a comparable rate, annual funding
requests for the projects shall be adjusted to ensure that the projects
move toward completion at a comparable rate in the future.
Passed the House of Representatives April 19, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. R. 1495
_______________________________________________________________________
AN ACT
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.