[110th Congress Public Law 114]
[From the U.S. Government Publishing Office]
[DOCID: f:publ114.110]
[[Page 121 STAT. 1041]]
Public Law 110-114
110th Congress
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. <<NOTE: Nov. 8, 2007 - [H.R. 1495]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Water Resources Development
Act of 2007. Inter-governmental relations. 33 USC 2201
note.>> 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.--The 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.
Sec. 1009. Small projects to prevent or mitigate damage caused by
navigation projects.
Sec. 1010. Small projects for aquatic plant control.
TITLE II--GENERAL PROVISIONS
Sec. 2001. Non-Federal contributions.
Sec. 2002. Funding to process permits.
Sec. 2003. Written agreement for water resources projects.
Sec. 2004. Compilation of laws.
Sec. 2005. Dredged material disposal.
Sec. 2006. Remote and subsistence harbors.
Sec. 2007. Use of other Federal funds.
Sec. 2008. Revision of project partnership agreement; cost sharing.
Sec. 2009. Expedited actions for emergency flood damage reduction.
Sec. 2010. Watershed and river basin assessments.
Sec. 2011. Tribal partnership program.
Sec. 2012. Wildfire firefighting.
Sec. 2013. Technical assistance.
Sec. 2014. Lakes program.
Sec. 2015. Cooperative agreements.
Sec. 2016. Training funds.
Sec. 2017. Access to water resource data.
Sec. 2018. Shore protection projects.
Sec. 2019. Ability to pay.
Sec. 2020. Aquatic ecosystem and estuary restoration.
Sec. 2021. Small flood damage reduction projects.
Sec. 2022. Small river and harbor improvement projects.
Sec. 2023. Protection of highways, bridge approaches, public works, and
nonprofit public services.
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Sec. 2024. Modification of projects for improvement of the quality of
the environment.
Sec. 2025. Remediation of abandoned mine sites.
Sec. 2026. Leasing authority.
Sec. 2027. Fiscal transparency report.
Sec. 2028. Support of Army civil works program.
Sec. 2029. Sense of Congress on criteria for operation and maintenance
of harbor dredging projects.
Sec. 2030. Interagency and international support authority.
Sec. 2031. Water resources principles and guidelines.
Sec. 2032. Water resource priorities report.
Sec. 2033. Planning.
Sec. 2034. Independent peer review.
Sec. 2035. Safety assurance review.
Sec. 2036. Mitigation for fish and wildlife and wetlands losses.
Sec. 2037. Regional sediment management.
Sec. 2038. National shoreline erosion control development program.
Sec. 2039. Monitoring ecosystem restoration.
Sec. 2040. Electronic submission of permit applications.
Sec. 2041. Project administration.
Sec. 2042. Program administration.
Sec. 2043. Studies and reports for water resources projects.
Sec. 2044. Coordination and scheduling of Federal, State, and local
actions.
Sec. 2045. Project streamlining.
Sec. 2046. Project deauthorization.
Sec. 2047. Federal hopper dredges.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3002. Cook Inlet, Alaska.
Sec. 3003. King Cove Harbor, Alaska.
Sec. 3004. Seward Harbor, Alaska.
Sec. 3005. Sitka, Alaska.
Sec. 3006. Tatitlek, Alaska.
Sec. 3007. Rio De Flag, Flagstaff, Arizona.
Sec. 3008. Nogales Wash and tributaries flood control project, Arizona.
Sec. 3009. Tucson drainage area, Arizona.
Sec. 3010. Osceola Harbor, Arkansas.
Sec. 3011. St. Francis River Basin, Arkansas and Missouri.
Sec. 3012. Pine Mountain Dam, Arkansas.
Sec. 3013. Red-Ouachita River Basin Levees, Arkansas and Louisiana.
Sec. 3014. Cache Creek Basin, California.
Sec. 3015. CALFED stability program, California.
Sec. 3016. Compton Creek, California.
Sec. 3017. Grayson Creek/Murderer's Creek, California.
Sec. 3018. Hamilton Airfield, California.
Sec. 3019. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 3020. Kaweah River, California.
Sec. 3021. Larkspur Ferry Channel, Larkspur, California.
Sec. 3022. Llagas Creek, California.
Sec. 3023. Magpie Creek, California.
Sec. 3024. Pacific Flyway Center, Sacramento, California.
Sec. 3025. Petaluma River, Petaluma, California.
Sec. 3026. Pinole Creek, California.
Sec. 3027. Prado Dam, California.
Sec. 3028. Redwood City Navigation Channel, California.
Sec. 3029. Sacramento and American Rivers flood control, California.
Sec. 3030. Sacramento Deep Water Ship Channel, California.
Sec. 3031. Sacramento River bank protection, California.
Sec. 3032. Salton Sea restoration, California.
Sec. 3033. Santa Ana River Mainstem, California.
Sec. 3034. Santa Barbara Streams, Lower Mission Creek, California.
Sec. 3035. Santa Cruz Harbor, California.
Sec. 3036. Seven Oaks Dam, California.
Sec. 3037. Upper Guadalupe River, California.
Sec. 3038. Walnut Creek Channel, California.
Sec. 3039. Wildcat/San Pablo Creek Phase I, California.
Sec. 3040. Wildcat/San Pablo Creek Phase II, California.
Sec. 3041. Yuba River Basin project, California.
Sec. 3042. South Platte River basin, Colorado.
Sec. 3043. Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland.
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Sec. 3044. St. George's Bridge, Delaware.
Sec. 3045. Brevard County, Florida.
Sec. 3046. Broward County and Hillsboro Inlet, Florida.
Sec. 3047. Canaveral Harbor, Florida.
Sec. 3048. Gasparilla and Estero Islands, Florida.
Sec. 3049. Lido Key Beach, Sarasota, Florida.
Sec. 3050. Peanut Island, Florida.
Sec. 3051. Port Sutton, Florida.
Sec. 3052. Tampa Harbor-Big Bend Channel, Florida.
Sec. 3053. Tampa Harbor Cut B, Florida.
Sec. 3054. Allatoona Lake, Georgia.
Sec. 3055. Latham River, Glynn County, Georgia.
Sec. 3056. Dworshak Reservoir improvements, Idaho.
Sec. 3057. Little Wood River, Gooding, Idaho.
Sec. 3058. Beardstown Community Boat Harbor, Beardstown, Illinois.
Sec. 3059. Cache River Levee, Illinois.
Sec. 3060. Chicago River, Illinois.
Sec. 3061. Chicago Sanitary and Ship Canal dispersal barriers project,
Illinois.
Sec. 3062. Emiquon, Illinois.
Sec. 3063. Lasalle, Illinois.
Sec. 3064. Spunky Bottoms, Illinois.
Sec. 3065. Cedar Lake, Indiana.
Sec. 3066. Koontz Lake, Indiana.
Sec. 3067. White River, Indiana.
Sec. 3068. Des Moines River and Greenbelt, Iowa.
Sec. 3069. Perry Creek, Iowa.
Sec. 3070. Rathbun Lake, Iowa.
Sec. 3071. Hickman Bluff stabilization, Kentucky.
Sec. 3072. Mcalpine Lock and Dam, Kentucky and Indiana.
Sec. 3073. Prestonsburg, Kentucky.
Sec. 3074. Amite River and tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 3075. Atchafalaya Basin Floodway System, Louisiana.
Sec. 3076. Atchafalaya Basin Floodway System, regional visitor center,
Louisiana.
Sec. 3077. Atchafalaya River and Bayous Chene, Boeuf, and Black,
Louisiana.
Sec. 3078. Bayou Plaquemine, Louisiana.
Sec. 3079. Calcasieu River and Pass, Louisiana.
Sec. 3080. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3081. Mississippi Delta Region, Louisiana.
Sec. 3082. Mississippi River-Gulf Outlet relocation assistance,
Louisiana.
Sec. 3083. Violet, Louisiana.
Sec. 3084. West bank of the Mississippi River (East of Harvey Canal),
Louisiana.
Sec. 3085. Camp Ellis, Saco, Maine.
Sec. 3086. Cumberland, Maryland.
Sec. 3087. Poplar Island, Maryland.
Sec. 3088. Detroit River shoreline, Detroit, Michigan.
Sec. 3089. St. Clair River and Lake St. Clair, Michigan.
Sec. 3090. St. Joseph Harbor, Michigan.
Sec. 3091. Sault Sainte Marie, Michigan.
Sec. 3092. Ada, Minnesota.
Sec. 3093. Duluth Harbor, McQuade Road, Minnesota.
Sec. 3094. Grand Marais, Minnesota.
Sec. 3095. Grand Portage Harbor, Minnesota.
Sec. 3096. Granite Falls, Minnesota.
Sec. 3097. Knife River Harbor, Minnesota.
Sec. 3098. Red Lake River, Minnesota.
Sec. 3099. Silver Bay, Minnesota.
Sec. 3100. Taconite Harbor, Minnesota.
Sec. 3101. Two Harbors, Minnesota.
Sec. 3102. Deer Island, Harrison County, Mississippi.
Sec. 3103. Jackson County, Mississippi.
Sec. 3104. Pearl River Basin, Mississippi.
Sec. 3105. Festus and Crystal City, Missouri.
Sec. 3106. L-15 levee, Missouri.
Sec. 3107. Monarch-Chesterfield, Missouri.
Sec. 3108. River Des Peres, Missouri.
Sec. 3109. Lower Yellowstone project, Montana.
Sec. 3110. Yellowstone River and tributaries, Montana and North Dakota.
Sec. 3111. Antelope Creek, Lincoln, Nebraska.
Sec. 3112. Sand Creek watershed, Wahoo, Nebraska.
Sec. 3113. Western Sarpy and Clear Creek, Nebraska.
Sec. 3114. Lower Truckee River, McCarran Ranch, Nevada.
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Sec. 3115. Lower Cape May Meadows, Cape May Point, New Jersey.
Sec. 3116. Passaic River basin flood management, New Jersey.
Sec. 3117. Cooperative agreements, New Mexico.
Sec. 3118. Middle Rio Grande restoration, New Mexico.
Sec. 3119. Buffalo Harbor, New York.
Sec. 3120. Long Island Sound oyster restoration, New York and
Connecticut.
Sec. 3121. Mamaroneck and Sheldrake Rivers watershed management, New
York.
Sec. 3122. Orchard Beach, Bronx, New York.
Sec. 3123. Port of New York and New Jersey, New York and New Jersey.
Sec. 3124. New York State Canal System.
Sec. 3125. Susquehanna River and Upper Delaware River watershed
management, New York.
Sec. 3126. Missouri River restoration, North Dakota.
Sec. 3127. Wahpeton, North Dakota.
Sec. 3128. Ohio.
Sec. 3129. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3130. Mahoning River, Ohio.
Sec. 3131. Arcadia Lake, Oklahoma.
Sec. 3132. Arkansas River Corridor, Oklahoma.
Sec. 3133. Lake Eufaula, Oklahoma.
Sec. 3134. Oklahoma lakes demonstration program, Oklahoma.
Sec. 3135. Ottawa County, Oklahoma.
Sec. 3136. Red River chloride control, Oklahoma and Texas.
Sec. 3137. Waurika Lake, Oklahoma.
Sec. 3138. Upper Willamette River watershed ecosystem restoration,
Oregon.
Sec. 3139. Delaware River, Pennsylvania, New Jersey, and Delaware.
Sec. 3140. Raystown Lake, Pennsylvania.
Sec. 3141. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 3142. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 3143. South Central Pennsylvania.
Sec. 3144. Wyoming Valley, Pennsylvania.
Sec. 3145. Narragansett Bay, Rhode Island.
Sec. 3146. Missouri River Restoration, South Dakota.
Sec. 3147. Cedar Bayou, Texas.
Sec. 3148. Freeport Harbor, Texas.
Sec. 3149. Lake Kemp, Texas.
Sec. 3150. Lower Rio Grande Basin, Texas.
Sec. 3151. North Padre Island, Corpus Christi Bay, Texas.
Sec. 3152. Pat Mayse Lake, Texas.
Sec. 3153. Proctor Lake, Texas.
Sec. 3154. San Antonio Channel, San Antonio, Texas.
Sec. 3155. Connecticut River restoration, Vermont.
Sec. 3156. Dam remediation, Vermont.
Sec. 3157. Lake Champlain Eurasian milfoil, water chestnut, and other
nonnative plant control, Vermont.
Sec. 3158. Upper Connecticut River Basin wetland restoration, Vermont
and New Hampshire.
Sec. 3159. Upper Connecticut River basin ecosystem restoration, Vermont
and New Hampshire.
Sec. 3160. Lake Champlain watershed, Vermont and New York.
Sec. 3161. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 3162. Tangier Island Seawall, Virginia.
Sec. 3163. Duwamish/Green, Washington.
Sec. 3164. McNary Lock and Dam, McNary National Wildlife Refuge,
Washington and Idaho.
Sec. 3165. Snake River project, Washington and Idaho.
Sec. 3166. Yakima River, Port of Sunnyside, Washington.
Sec. 3167. Bluestone Lake, Ohio River Basin, West Virginia.
Sec. 3168. Greenbrier River basin, West Virginia.
Sec. 3169. Lesage/Greenbottom Swamp, West Virginia.
Sec. 3170. Lower Mud River, Milton, West Virginia.
Sec. 3171. Mcdowell County, West Virginia.
Sec. 3172. Parkersburg, West Virginia.
Sec. 3173. Green Bay Harbor, Green Bay, Wisconsin.
Sec. 3174. Manitowoc Harbor, Wisconsin.
Sec. 3175. Mississippi River headwaters reservoirs.
Sec. 3176. Upper basin of Missouri River.
Sec. 3177. Upper Mississippi River System environmental management
program.
Sec. 3178. Upper Ohio River and Tributaries navigation system new
technology pilot program.
Sec. 3179. Continuation of project authorizations.
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Sec. 3180. Project reauthorizations.
Sec. 3181. Project deauthorizations.
Sec. 3182. Land conveyances.
Sec. 3183. 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. Eurasian milfoil.
Sec. 4006. Fire Island, Alaska.
Sec. 4007. Knik Arm, Cook Inlet, Alaska.
Sec. 4008. Kuskokwim River, Alaska.
Sec. 4009. Nome Harbor, Alaska.
Sec. 4010. St. George Harbor, Alaska.
Sec. 4011. Susitna River, Alaska.
Sec. 4012. Valdez, Alaska.
Sec. 4013. Gila Bend, Maricopa, Arizona.
Sec. 4014. Searcy County, Arkansas.
Sec. 4015. Aliso Creek, California.
Sec. 4016. Fresno, Kings, and Kern counties, California.
Sec. 4017. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 4018. Los Angeles River revitalization study, California.
Sec. 4019. Lytle Creek, Rialto, California.
Sec. 4020. Mokelumne River, San Joaquin County, California.
Sec. 4021. Orick, California.
Sec. 4022. Shoreline study, Oceanside, California.
Sec. 4023. Rialto, Fontana, and Colton, California.
Sec. 4024. Sacramento River, California.
Sec. 4025. San Diego County, California.
Sec. 4026. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 4027. South San Francisco Bay Shoreline, California.
Sec. 4028. Twentynine Palms, California.
Sec. 4029. Yucca Valley, California.
Sec. 4030. Selenium studies, Colorado.
Sec. 4031. Delaware and Christina Rivers and Shellpot Creek, Wilmington,
Delaware.
Sec. 4032. Delaware inland bays and tributaries and Atlantic coast,
Delaware.
Sec. 4033. Collier County Beaches, Florida.
Sec. 4034. Lower St. Johns River, Florida.
Sec. 4035. Herbert Hoover Dike supplemental major rehabilitation report,
Florida.
Sec. 4036. Vanderbilt Beach Lagoon, Florida.
Sec. 4037. Meriwether County, Georgia.
Sec. 4038. Boise River, Idaho.
Sec. 4039. Ballard's Island Side Channel, Illinois.
Sec. 4040. Chicago, Illinois.
Sec. 4041. Salem, Indiana.
Sec. 4042. Buckhorn Lake, Kentucky.
Sec. 4043. Dewey Lake, Kentucky.
Sec. 4044. Louisville, Kentucky.
Sec. 4045. Vidalia Port, Louisiana.
Sec. 4046. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 4047. Clinton River, Michigan.
Sec. 4048. Hamburg and Green Oak Townships, Michigan.
Sec. 4049. Lake Erie at Luna Pier, Michigan.
Sec. 4050. Duluth-Superior Harbor, Minnesota and Wisconsin.
Sec. 4051. Northeast Mississippi.
Sec. 4052. Dredged material disposal, New Jersey.
Sec. 4053. Bayonne, New Jersey.
Sec. 4054. Carteret, New Jersey.
Sec. 4055. Gloucester County, New Jersey.
Sec. 4056. Perth Amboy, New Jersey.
Sec. 4057. Batavia, New York.
Sec. 4058. Big Sister Creek, Evans, New York.
Sec. 4059. Finger Lakes, New York.
Sec. 4060. Lake Erie Shoreline, Buffalo, New York.
Sec. 4061. Newtown Creek, New York.
Sec. 4062. Niagara River, New York.
Sec. 4063. Shore Parkway Greenway, Brooklyn, New York.
Sec. 4064. Upper Delaware River watershed, New York.
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Sec. 4065. Lincoln County, North Carolina.
Sec. 4066. Wilkes County, North Carolina.
Sec. 4067. Yadkinville, North Carolina.
Sec. 4068. Flood damage reduction, Ohio.
Sec. 4069. Lake Erie, Ohio.
Sec. 4070. Ohio River, Ohio.
Sec. 4071. Toledo Harbor dredged material placement, Toledo, Ohio.
Sec. 4072. Toledo Harbor, Maumee River, and Lake Channel project,
Toledo, Ohio.
Sec. 4073. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 4074. Walla Walla River basin, Oregon.
Sec. 4075. Chartiers Creek watershed, Pennsylvania.
Sec. 4076. Kinzua Dam and Allegheny Reservoir, Pennsylvania.
Sec. 4077. Western Pennsylvania flood damage reduction.
Sec. 4078. Williamsport, Pennsylvania.
Sec. 4079. Yardley Borough, Pennsylvania.
Sec. 4080. Rio Valenciano, Juncos, Puerto Rico.
Sec. 4081. Woonsocket local protection project, Blackstone River basin,
Rhode Island.
Sec. 4082. Crooked Creek, Bennettsville, South Carolina.
Sec. 4083. Broad River, York County, South Carolina.
Sec. 4084. Savannah River, South Carolina and Georgia.
Sec. 4085. Chattanooga, Tennessee.
Sec. 4086. Cleveland, Tennessee.
Sec. 4087. Cumberland River, Nashville, Tennessee.
Sec. 4088. Lewis, Lawrence, and Wayne Counties, Tennessee.
Sec. 4089. Wolf River and Nonconnah Creek, Memphis, Tennessee.
Sec. 4090. Abilene, Texas.
Sec. 4091. Coastal Texas ecosystem protection and restoration, Texas.
Sec. 4092. Port of Galveston, Texas.
Sec. 4093. Grand County and Moab, Utah.
Sec. 4094. Southwestern Utah.
Sec. 4095. Ecosystem and hydropower generation dams, Vermont.
Sec. 4096. Elliott Bay Seawall, Seattle, Washington.
Sec. 4097. Monongahela River Basin, Northern West Virginia.
Sec. 4098. Kenosha Harbor, Wisconsin.
Sec. 4099. Johnsonville Dam, Johnsonville, Wisconsin.
Sec. 4100. Wauwatosa, Wisconsin.
Sec. 4101. Debris removal.
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. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 5011. Great Lakes fishery and ecosystem restoration program.
Sec. 5012. Great Lakes remedial action plans and sediment remediation.
Sec. 5013. Great Lakes tributary models.
Sec. 5014. Great Lakes navigation and protection.
Sec. 5015. Saint Lawrence Seaway.
Sec. 5016. Upper Mississippi River dispersal barrier project.
Sec. 5017. Estuary restoration.
Sec. 5018. Missouri River and tributaries, mitigation, recovery, and
restoration, Iowa, Kansas, Missouri, Montana, Nebraska, North
Dakota, South Dakota, and Wyoming.
Sec. 5019. Susquehanna, Delaware, and Potomac River basins, Delaware,
Maryland, Pennsylvania, and Virginia.
Sec. 5020. Chesapeake Bay environmental restoration and protection
program.
Sec. 5021. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 5022. Hypoxia assessment.
Sec. 5023. Potomac River watershed assessment and tributary strategy
evaluation and monitoring program.
Sec. 5024. Lock and dam security.
Sec. 5025. Research and development program for Columbia and Snake River
salmon survival.
Sec. 5026. Wage surveys.
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Sec. 5027. Rehabilitation.
Sec. 5028. Auburn, Alabama.
Sec. 5029. Pinhook Creek, Huntsville, Alabama.
Sec. 5030. Alaska.
Sec. 5031. Barrow, Alaska.
Sec. 5032. Lowell Creek Tunnel, Seward, Alaska.
Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 5034. Tanana River, Alaska.
Sec. 5035. Wrangell Harbor, Alaska.
Sec. 5036. Augusta and Clarendon, Arkansas.
Sec. 5037. Des Arc levee protection, Arkansas.
Sec. 5038. Loomis Landing, Arkansas.
Sec. 5039. California.
Sec. 5040. Calaveras River and Littlejohn Creek and tributaries,
Stockton, California.
Sec. 5041. Cambria, California.
Sec. 5042. Contra Costa Canal, Oakley and Knightsen, California; Mallard
Slough, Pittsburg, California.
Sec. 5043. Dana Point Harbor, California.
Sec. 5044. East San Joaquin County, California.
Sec. 5045. Eastern Santa Clara basin, California.
Sec. 5046. LA-3 dredged material ocean disposal site designation,
California.
Sec. 5047. Lancaster, California.
Sec. 5048. Los Osos, California.
Sec. 5049. Pine Flat Dam fish and wildlife habitat, California.
Sec. 5050. Raymond Basin, Six Basins, Chino Basin, and San Gabriel
Basin, California.
Sec. 5051. San Francisco, California.
Sec. 5052. San Francisco, California, waterfront area.
Sec. 5053. San Pablo Bay, California, watershed and Suisun Marsh
ecosystem restoration.
Sec. 5054. St. Helena, California.
Sec. 5055. Upper Calaveras River, Stockton, California.
Sec. 5056. Rio Grande environmental management program, Colorado, New
Mexico, and Texas.
Sec. 5057. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 5058. Stamford, Connecticut.
Sec. 5059. Delmarva conservation corridor, Delaware, Maryland, and
Virginia.
Sec. 5060. Anacostia River, District of Columbia and Maryland.
Sec. 5061. East Central and Northeast Florida.
Sec. 5062. Florida Keys water quality improvements.
Sec. 5063. Lake Worth, Florida.
Sec. 5064. Big Creek, Georgia, watershed management and restoration
program.
Sec. 5065. Metropolitan North Georgia Water Planning District.
Sec. 5066. Savannah, Georgia.
Sec. 5067. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and
Wyoming.
Sec. 5068. Riley Creek Recreation Area, Idaho.
Sec. 5069. Floodplain mapping, Little Calumet River, Chicago, Illinois.
Sec. 5070. Reconstruction of Illinois and Missouri flood protection
projects.
Sec. 5071. Illinois River basin restoration.
Sec. 5072. Promontory Point third-party review, Chicago shoreline,
Chicago, Illinois.
Sec. 5073. Kaskaskia River basin, Illinois, restoration.
Sec. 5074. Southwest Illinois.
Sec. 5075. Calumet region, Indiana.
Sec. 5076. Floodplain mapping, Missouri River, Iowa.
Sec. 5077. Paducah, Kentucky.
Sec. 5078. Southern and eastern Kentucky.
Sec. 5079. Winchester, Kentucky.
Sec. 5080. Baton Rouge, Louisiana.
Sec. 5081. Calcasieu Ship Channel, Louisiana.
Sec. 5082. East Atchafalaya basin and Amite River basin region,
Louisiana.
Sec. 5083. Inner Harbor Navigation Canal Lock project, Louisiana.
Sec. 5084. Lake Pontchartrain, Louisiana.
Sec. 5085. Southeast Louisiana region, Louisiana.
Sec. 5086. West Baton Rouge Parish, Louisiana.
Sec. 5087. Charlestown, Maryland.
Sec. 5088. St. Mary's River, Maryland.
Sec. 5089. Massachusetts dredged material disposal sites.
Sec. 5090. Ontonagon Harbor, Michigan.
Sec. 5091. Crookston, Minnesota.
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Sec. 5092. Garrison and Kathio Township, Minnesota.
Sec. 5093. Itasca County, Minnesota.
Sec. 5094. Minneapolis, Minnesota.
Sec. 5095. Northeastern Minnesota.
Sec. 5096. Wild Rice River, Minnesota.
Sec. 5097. Mississippi.
Sec. 5098. Harrison, Hancock, and Jackson Counties, Mississippi.
Sec. 5099. Mississippi River, Missouri and Illinois.
Sec. 5100. St. Louis, Missouri.
Sec. 5101. St. Louis Regional Greenways, St. Louis, Missouri.
Sec. 5102. Missoula, Montana.
Sec. 5103. St. Mary project, Glacier County, Montana.
Sec. 5104. Lower Platte River watershed restoration, Nebraska.
Sec. 5105. Hackensack Meadowlands area, New Jersey.
Sec. 5106. Atlantic Coast of New York.
Sec. 5107. College Point, New York City, New York.
Sec. 5108. Flushing Bay and Creek, New York City, New York.
Sec. 5109. Hudson River, New York.
Sec. 5110. Mount Morris Dam, New York.
Sec. 5111. North Hempstead and Glen Cove North Shore watershed
restoration, New York.
Sec. 5112. Rochester, New York.
Sec. 5113. North Carolina.
Sec. 5114. Stanly County, North Carolina.
Sec. 5115. John H. Kerr Dam and Reservoir, North Carolina.
Sec. 5116. Cincinnati, Ohio.
Sec. 5117. Ohio River basin environmental management.
Sec. 5118. Toussaint River navigation project, Carroll Township, Ohio.
Sec. 5119. Statewide comprehensive water planning, Oklahoma.
Sec. 5120. Fern Ridge Dam, Oregon.
Sec. 5121. Allegheny County, Pennsylvania.
Sec. 5122. Clinton County, Pennsylvania.
Sec. 5123. Kehly Run Dams, Pennsylvania.
Sec. 5124. Lehigh River, Lehigh County, Pennsylvania.
Sec. 5125. Northeast Pennsylvania.
Sec. 5126. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 5127. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 5128. Lakes Marion and Moultrie, South Carolina.
Sec. 5129. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
terrestrial wildlife habitat restoration, South Dakota.
Sec. 5130. East Tennessee.
Sec. 5131. Fritz Landing, Tennessee.
Sec. 5132. J. Percy Priest Dam and Reservoir, Tennessee.
Sec. 5133. Nashville, Tennessee.
Sec. 5134. Nonconnah Weir, Memphis, Tennessee.
Sec. 5135. Tennessee River partnership.
Sec. 5136. Town Creek, Lenoir City, Tennessee.
Sec. 5137. Upper Mississippi embayment, Tennessee, Arkansas, and
Mississippi.
Sec. 5138. Texas.
Sec. 5139. Bosque River watershed, Texas.
Sec. 5140. Dallas County region, Texas.
Sec. 5141. Dallas Floodway, Dallas, Texas.
Sec. 5142. Harris County, Texas.
Sec. 5143. Johnson Creek, Arlington, Texas.
Sec. 5144. Onion Creek, Texas.
Sec. 5145. Connecticut River dams, Vermont.
Sec. 5146. Lake Champlain Canal, Vermont and New York.
Sec. 5147. Dyke Marsh, Fairfax County, Virginia.
Sec. 5148. Eastern Shore and Southwest Virginia.
Sec. 5149. James River, Virginia.
Sec. 5150. Baker Bay and Ilwaco Harbor, Washington.
Sec. 5151. Hamilton Island campground, Washington.
Sec. 5152. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 5153. Willapa Bay, Washington.
Sec. 5154. West Virginia and Pennsylvania flood control.
Sec. 5155. Central West Virginia.
Sec. 5156. Southern West Virginia.
Sec. 5157. Construction of flood control projects by non-Federal
interests.
Sec. 5158. Additional assistance for critical projects.
TITLE VI--FLORIDA EVERGLADES
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida.
[[Page 121 STAT. 1049]]
Sec. 6002. Pilot projects.
Sec. 6003. Maximum costs.
Sec. 6004. Credit.
Sec. 6005. Outreach and assistance.
Sec. 6006. Critical restoration projects.
Sec. 6007. 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.
Sec. 7014. Hurricane and storm damage reduction.
Sec. 7015. Larose to Golden Meadow.
Sec. 7016. Lower Jefferson Parish, Louisiana.
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.
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
Sec. 9001. Short title.
Sec. 9002. Definitions.
Sec. 9003. Committee on Levee Safety.
Sec. 9004. Inventory and inspection of levees.
Sec. 9005. Limitations on statutory construction.
Sec. 9006. Authorization of appropriations.
SEC. 2. <<NOTE: 33 USC 2201 note.>> DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the Army.
TITLE <<NOTE: Studies.>> 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.
[[Page 121 STAT. 1050]]
(3) 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.
(4) 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.
(5) Salt river (rio salado oeste), maricopa county,
arizona.--The project for environmental restoration, Salt River
(Rio Salado Oeste), Maricopa County, 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.
(6) Salt river (va shly'ay akimel), maricopa county,
arizona.--
(A) In general.--The project for environmental
restoration, Salt River (Va Shly'ay 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.
(B) Coordination with federal reclamation
projects.--The Secretary, to the maximum extent
practicable, shall coordinate the design and
construction of the project described in subparagraph
(A) with the Bureau of Reclamation and any operating
agent for any Federal reclamation project in the Salt
River Basin to avoid impacts to existing Federal
reclamation facilities and operations in the Salt River
Basin.
(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, glenn county, california.--The project
for flood damage reduction and environmental restoration,
Hamilton City, Glenn County, 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) Silver strand shoreline, imperial beach, california.--
The project for storm damage reduction, Silver Strand Shoreline,
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.
[[Page 121 STAT. 1051]]
(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
$20,100,000, with an estimated Federal cost of $13,065,000 and
an estimated non-Federal cost of $7,035,000.
(14) Central and southern florida, indian river lagoon,
florida.--
(A) In general.--The Secretary may carry out the
project for ecosystem restoration, water supply, flood
control, and protection of water quality, Central and
Southern Florida, Indian River Lagoon, Florida, 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, in accordance with section 601 of the
Water Resources Development Act of 2000 (114 Stat. 2680)
and the recommendations of the report of the Chief of
Engineers dated August 6, 2004.
(B) Deauthorizations.--The following projects are
not authorized after the date of enactment of this Act:
(i) 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.
(ii) The uncompleted portions of the Martin
County, Florida, modifications to the project for
Central
[[Page 121 STAT. 1052]]
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.
(iii) 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.
(15) Comprehensive everglades restoration plan, central and
southern florida, picayune strand restoration project, collier
county, florida.--The project for ecosystem restoration,
Comprehensive Everglades Restoration Plan, Central and Southern
Florida, Picayune Strand Restoration Project, Collier County,
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.
(16) Comprehensive everglades restoration plan, central and
southern florida, site 1 impoundment project, palm beach county,
florida.--The project for ecosystem restoration, Comprehensive
Everglades Restoration Plan, Central and Southern Florida, Site
1 Impoundment Project, Palm Beach County, 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.
(17) 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).
(18) 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.
(19) 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
[[Page 121 STAT. 1053]]
Federal cost of $11,840,000 and an estimated non-Federal cost of
$6,380,000.
(20) 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.
(21) 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.
(22) 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.
(23) 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 $9,600,000.
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.
(24) 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) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
the Houma Navigation Canal lock complex and the Gulf
Intracoastal Waterway floodgate features of the project
described in subparagraph (A) 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).
(25) 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; except that the Secretary, in
consultation with Vermillion and Iberia Parishes, Louisiana, and
consistent with the mitigation plan in the report, shall use
available dredged material and rock placement on the south bank
of the Gulf Intracoastal Waterway and the west bank of the
Freshwater Bayou Channel to provide incidental storm surge
protection that does not adversely affect the mitigation plan.
(26) Smith island, somerset county, maryland.--The project
for environmental restoration, Smith Island, Somerset County,
Maryland: Report of the Chief of Engineers dated
[[Page 121 STAT. 1054]]
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.
(27) 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.
(28) Argentine, east bottoms, fairfax-jersey creek, and
north kansas levees units, missouri river and tributaries at
kansas cities, missouri and kansas.--The project for flood
damage reduction, Argentine, East Bottoms, Fairfax-Jersey Creek,
and North Kansas Levees units, Missouri River and tributaries at
Kansas Cities, 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.
(29) 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.
(30) 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.
(31) 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.
(32) New jersey shore protection study, manasquan inlet to
barnegat inlet, new jersey.--The project for hurricane and storm
damage reduction, New Jersey Shore Protection Study, 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,
[[Page 121 STAT. 1055]]
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.
(33) 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.
(34) 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.
(35) 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.
(36) 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.
(37) Hocking river basin, monday creek, ohio.--
(A) In general.--The project for ecosystem
restoration, Hocking River Basin, Monday Creek, 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.
(B) Wayne national forest.--
(i) In general.--The Secretary, in cooperation
with the Secretary of Agriculture, may construct
other project features on property that is located
in the Wayne National Forest, Ohio, owned by the
United States and managed by the Forest Service as
described in the report of the Corps of Engineers
entitled ``Hocking River Basin, Ohio, Monday Creek
Sub-Basin Ecosystem Restoration Project
Feasibility Report and Environmental Assessment''.
(ii) Cost.--Each project feature carried out
on Federal land shall be designed, constructed,
operated, and maintained at Federal expense.
(iii) Authorization of appropriations.--There
is authorized to be appropriated to the Secretary
of Agriculture to carry out this subparagraph
$1,270,000.
(38) Town of bloomsburg, columbia county, pennsylvania.--The
project for flood damage reduction, town of
[[Page 121 STAT. 1056]]
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.
(39) Pawleys island, south carolina.--The project for
hurricane and storm damage reduction, Pawleys 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.
(40) Corpus christi ship channel, corpus christi, texas.--
(A) In general.--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.
(B) Navigational servitude.--In carrying out the
project under subparagraph (A), the Secretary shall
enforce the navigational servitude in the Corpus Christi
Ship Channel (including the removal or relocation of any
facility obstructing the project) consistent with the
cost sharing requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
(41) Gulf intracoastal waterway, brazos river to port
o'connor, matagorda bay re-route, texas.--The project for
navigation, Gulf Intracoastal Waterway, Brazos River to Port
O'Connor, 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.
(42) 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.
(43) Lower colorado river basin phase i, texas.--The project
for flood damage reduction and ecosystem 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.
(44) 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.
[[Page 121 STAT. 1057]]
(45) Craney island eastward expansion, norfolk harbor and
channels, hampton roads, virginia.--
(A) In general.--The project for navigation, Craney
Island Eastward Expansion, Norfolk Harbor and Channels,
Hampton Roads, Virginia: Report of Chief of Engineers
dated October 24, 2006, at a total cost of $712,103,000.
(B) Non-federal share.--Notwithstanding sections 101
and 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2211 and 2213), the Federal share of the cost
of the project shall be 50 percent.
(46) Centralia, chehalis river, lewis county, washington.--
(A) In general.--The project for flood damage
reduction, Centralia, Chehalis River, Lewis County,
Washington: Report of the Chief of Engineers dated
September 27, 2004, at a total cost of $123,770,000,
with an estimated Federal cost of $74,740,000 and an
estimated non-Federal cost of $49,030,000.
(B) Credit.--The Secretary shall--
(i) credit, in accordance with section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of
the project up to $6,500,000 for the cost of
planning and design work carried out by the non-
Federal interest in accordance with the project
study plan dated November 28, 1999; and
(ii) 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.
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) Fort yukon, alaska.--Project for flood damage reduction,
Fort Yukon, Alaska.
(4) Little colorado river levee, arizona.--Project for flood
damage reduction, Little Colorado River Levee, Arizona.
(5) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River Basin, Grubbs, Arkansas.
(6) Barrel springs wash, palmdale, california.--Project for
flood damage reduction, Barrel Springs Wash, Palmdale,
California.
(7) Borrego springs, california.--Project for flood damage
reduction, Borrego Springs, California.
(8) Colton, california.--Project for flood damage reduction,
Colton, California.
(9) Dunlap stream, yucaipa, california.--Project for flood
damage reduction, Dunlap Stream, Yucaipa, California.
[[Page 121 STAT. 1058]]
(10) Hunts canyon wash, palmdale, california.--Project for
flood damage reduction, Hunts Canyon Wash, Palmdale, California.
(11) Ontario and chino, california.--Project for flood
damage reduction, Ontario and Chino, California.
(12) Santa venetia, california.--Project for flood damage
reduction, Santa Venetia, California.
(13) Whittier, california.--Project for flood damage
reduction, Whittier, California.
(14) Wildwood creek, yucaipa, california.--Project for flood
damage reduction, Wildwood Creek, Yucaipa, California.
(15) Bibb county and city of macon levee, georgia.--Project
for flood damage reduction, Bibb County and City of Macon Levee,
Georgia.
(16) Fort wayne and vicinity, indiana.--Project for flood
damage reduction, St. Mary's and Maumee Rivers, Fort Wayne and
vicinity, Indiana.
(17) St. francisville, lousiana.--Project for flood damage
reduction, St. Francisville, Louisiana.
(18) Salem, massachusetts.--Project for flood damage
reduction, Salem, Massachusetts.
(19) Cass river, michigan.--Project for flood damage
reduction, Cass River, Vassar and vicinity, Michigan.
(20) Crow river, rockford, minnesota.--Project for flood
damage reduction, Crow River, Rockford, Minnesota.
(21) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(22) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch of
the Wild Rice River, Borup, Minnesota.
(23) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(24) Acid brook, pompton lakes, new jersey.--Project for
flood damage reduction, Acid Brook, Pompton Lakes, New Jersey.
(25) Canisteo river, addison, new york.--Project for flood
damage reduction, Canisteo River, Addison, New York.
(26) Cohocton river, campbell, new york.--Project for flood
damage reduction, Cohocton River, Campbell, New York.
(27) Dry and otter creeks, cortland, new york.--Project for
flood damage reduction, Dry and Otter Creeks, Cortland, New
York.
(28) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(29) East valley creek, andover, new york.--Project for
flood damage reduction, East Valley Creek, Andover, New York.
(30) Sunnyside brook, westchester county, new york.--Project
for flood damage reduction, Sunnyside Brook, Westchester County,
New York.
(31) Little yankee and mud run, trumbull county, ohio.--
Project for flood damage reduction, Little Yankee and Mud Run,
Trumbull County, Ohio.
[[Page 121 STAT. 1059]]
(32) Little neshaminy creek, warrington, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrington, Pennsylvania.
(33) Southampton creek watershed, southampton,
pennsylvania.--Project for flood damage reduction, Southampton
Creek watershed, Southampton, Pennsylvania.
(34) Spring creek, lower macungie township, pennsylvania.--
Project for flood damage reduction, Spring Creek, Lower Macungie
Township, Pennsylvania.
(35) Yardley aqueduct, silver and brock creeks, yardley,
pennsylvania.--Project for flood damage reduction, Yardley
Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.
(36) Surfside beach, south carolina.--Project for flood
damage reduction, Surfside Beach and vicinity, South Carolina.
(37) Sandy creek, jackson county, tennessee.--A project for
flood damage reduction, Sandy Creek, Jackson County, Tennessee.
(38) Congelosi ditch, missouri city, texas.--Project for
flood damage reduction, Congelosi Ditch, Missouri City, Texas.
(39) Dilley, texas.--Project for flood damage reduction,
Dilley, Texas.
(40) Cheyenne, wyoming.--Project for flood damage reduction,
Cheyenne, Wyoming.
(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)(5), 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)(11) 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)(12) 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)(13) if the Secretary determines
that the project is feasible.
(5) <<NOTE: Review.>> 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)(14) 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
[[Page 121 STAT. 1060]]
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) Fort wayne and vicinity, indiana.--In carrying out the
project for flood damage reduction, St. Mary's and Maumee
Rivers, Fort Wayne and vicinity, Indiana, referred to in
subsection (a)(16) the Secretary shall--
(A) provide a 100-year level of flood protection at
the Berry Thieme, Park-Thompson, Woodhurst, and Tillman
sites along the St. Mary's River; and
(B) 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) 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)(22) 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.
(8) 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)(24) if the Secretary determines that the project is
feasible.
(9) Sandy creek, tennessee.--Consistent with the report of
the Chief of Engineers dated March 24, 1948, on the West
Tennessee Tributaries project, in carrying out the project for
flood damage reduction, Sandy Creek, Tennessee, referred to in
section (a)(37)--
(A) Sandy Creek shall not be considered to be an
authorized channel of the West Tennessee Tributaries
project; and
(B) the project shall not be considered to be part
of the West Tennessee Tributaries project.
(10) Dilley, texas.--The Secretary shall carry out the
project for flood damage reduction, Dilley, Texas, referred to
in subsection (a)(39) 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.
[[Page 121 STAT. 1061]]
(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 protection, 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) Barrow harbor, alaska.--Project for navigation, Barrow
Harbor, Alaska.
[[Page 121 STAT. 1062]]
(2) Coffman cove, alaska.--Project for navigation, Coffman
Cove, Alaska.
(3) Kotzebue harbor, alaska.--Project for navigation,
Kotzebue Harbor, Alaska.
(4) Nome harbor, alaska.--Project for navigation, Nome
Harbor, Alaska.
(5) Old harbor, alaska.--Project for navigation, Old Harbor,
Alaska.
(6) Little rock port, arkansas.--Project for navigation,
Little Rock Port, Arkansas River, Arkansas.
(7) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(8) East basin, cape cod canal, sandwich, massachusetts.--
Project for navigation, East Basin, Cape Cod Canal, Sandwich,
Massachusetts.
(9) Lynn harbor, lynn, massachusetts.--Project for
navigation, Lynn Harbor, Lynn, Massachusetts.
(10) Merrimack river, haverhill, massachusetts.--Project for
navigation, Merrimack River, Haverhill, Massachusetts.
(11) Oak bluffs harbor, oak bluffs, massachusetts.--Project
for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
(12) Woods hole great harbor, falmouth, massachusetts.--
Project for navigation, Woods Hole Great Harbor, Falmouth,
Massachusetts.
(13) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(14) Clinton river, michigan.--Project for navigation,
Clinton River, Michigan.
(15) Ontonagon river, michigan.--Project for navigation,
Ontonagon River, Ontonagon, Michigan.
(16) Outer channel and inner harbor, menominee harbor,
michigan and wisconsin.--Project for navigation, Outer Channel
and Inner Harbor, Menominee Harbor, Michigan and Wisconsin.
(17) Sebewaing river, michigan.--Project for navigation,
Sebewaing River, Michigan.
(18) Traverse city harbor, traverse city, michigan.--Project
for navigation, Traverse City Harbor, Traverse City, Michigan.
(19) Tower harbor, tower, minnesota.--Project for
navigation, Tower Harbor, Tower, Minnesota.
(20) Olcott harbor, olcott, new york.--Project for
navigation, Olcott Harbor, Olcott, New York.
(21) Milwaukee harbor, wisconsin.--Project for navigation,
Milwaukee Harbor, Milwaukee, Wisconsin.
(b) Special Rules.--
(1) <<NOTE: Review.>> 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)(18), 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
[[Page 121 STAT. 1063]]
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)(19) 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.
(a) In General.--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) Ben lomond dam, santa cruz, california.--Project for
aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz,
California.
(4) Dockweiler bluffs, los angeles county, california.--
Project for aquatic ecosystem restoration, Dockweiler Bluffs,
Los Angeles County, California.
(5) Salt river, california.--Project for aquatic ecosystem
restoration, Salt River, California.
(6) San diego river, california.--Project for aquatic
ecosystem restoration, San Diego River, California, including
efforts to address aquatic nuisance species.
[[Page 121 STAT. 1064]]
(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) Suisun marsh, san pablo bay, california.--Project for
aquatic ecosystem restoration, Suisun Marsh, San Pablo Bay,
California.
(10) Sweetwater reservoir, san diego county, california.--
Project for aquatic ecosystem restoration, Sweetwater Reservoir,
San Diego County, California, including efforts to address
aquatic nuisance species.
(11) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(12) Clam bayou and dinkins bayou, sanibel island,
florida.--Project for aquatic ecosystem restoration, Clam Bayou
and Dinkins Bayou, Sanibel Island, Florida.
(13) Mountain park, georgia.--Project for aquatic ecosystem
restoration, Mountain Park, Georgia.
(14) Chattahoochee fall line, georgia and alabama.--Project
for aquatic ecosystem restoration, Chattahoochee Fall Line,
Georgia and Alabama.
(15) Longwood cove, gainesville, georgia.--Project for
aquatic ecosystem restoration, Longwood Cove, Gainesville,
Georgia.
(16) City park, university lakes, louisiana.--Project for
aquatic ecosystem restoration, City Park, University Lakes,
Louisiana.
(17) Lawrence gateway, massachusetts.--Project for aquatic
ecosystem restoration at the Lawrence Gateway quadrant project
along the Merrimack and Spicket Rivers in Lawrence,
Massachusetts, in accordance with the general conditions
established by the project approval of the Environmental
Protection Agency, Region I, including filling abandoned
drainage facilities and making improvements to the drainage
system on the Lawrence Gateway to prevent continued migration of
contaminated sediments into the river systems.
(18) Milford pond, milford, massachusetts.--Project for
aquatic ecosystem restoration, Milford Pond, Milford,
Massachusetts.
(19) Mill pond, littleton, massachusetts.--Project for
aquatic ecosystem restoration, Mill Pond, Littleton,
Massachusetts.
(20) Pine tree brook, milton, massachusetts.--Project for
aquatic ecosystem restoration, Pine Tree Brook, Milton,
Massachusetts.
(21) Clinton river, michigan.--Project for aquatic ecosystem
restoration, Clinton River, Michigan.
(22) Kalamazoo river watershed, battle creek, michigan.--
Project for aquatic ecosystem restoration, Kalamazoo River
watershed, Battle Creek, Michigan.
(23) Rush lake, minnesota.--Project for aquatic ecosystem
restoration, Rush Lake, Minnesota.
[[Page 121 STAT. 1065]]
(24) South fork of the crow river, hutchinson, minnesota.--
Project for aquatic ecosystem restoration, South Fork of the
Crow River, Hutchinson, Minnesota.
(25) St. louis, missouri.--Project for aquatic ecosystem
restoration, St. Louis, Missouri.
(26) Mobley dam, tongue river, montana.--Project for aquatic
ecosystem restoration, Mobley Dam, Tongue River, Montana.
(27) S and h dam, tongue river, montana.--Project for
aquatic ecosystem restoration, S and H Dam, Tongue River,
Montana.
(28) Vandalia dam, milk river, montana.--Project for aquatic
ecosystem restoration, Vandalia Dam, Milk River, Montana.
(29) Truckee river, reno, nevada.--Project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, including
features for fish passage in Washoe County.
(30) Grover's mill pond, new jersey.--Project for aquatic
ecosystem restoration, Grover's Mill Pond, New Jersey.
(31) Caldwell county, north carolina.--Project for aquatic
ecosystem restoration, Caldwell County, North Carolina.
(32) Mecklenburg county, north carolina.--Project for
aquatic ecosystem restoration, Mecklenburg County, North
Carolina.
(33) Dugway creek, bratenahl, ohio.--Project for aquatic
ecosystem restoration, Dugway Creek, Bratenahl, Ohio.
(34) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(35) Beaver creek, beaver and salem, pennsylvania.--Project
for aquatic ecosystem restoration, Beaver Creek, Beaver and
Salem, Pennsylvania.
(36) Cementon dam, lehigh river, pennsylvania.--Project for
aquatic ecosystem restoration, Cementon Dam, Lehigh River,
Pennsylvania.
(37) Ingham spring dam, solebury township, pennsylvania.--
Project for aquatic ecosystem restoration, Ingham Spring Dam,
Solebury Township, Pennsylvania.
(38) Saucon creek, northampton county, pennsylvania.--
Project for aquatic ecosystem restoration, Saucon Creek,
Northampton County, Pennsylvania.
(39) Stillwater lake dam, monroe county, pennsylvania.--
Project for aquatic ecosystem restoration, Stillwater Lake Dam,
Monroe County, Pennsylvania.
(40) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(41) Wilson branch, cheraw, south carolina.--Project for
aquatic ecosystem restoration, Wilson Branch, Cheraw, South
Carolina.
(42) White river, bethel, vermont.--Project for aquatic
ecosystem restoration, White River, Bethel, Vermont.
(43) College lake, lynchburg, virginia.--Project for aquatic
ecosystem restoration, College Lake, Lynchburg, Virginia.
(b) Special Rules.--
[[Page 121 STAT. 1066]]
(1) Black lake, alaska.--The Secretary shall carry out the
project for aquatic ecosystem restoration, Black Lake, Alaska
referred to in subsection (a)(2) if the Secretary determines
that the project is appropriate.
(2) Truckee river, reno, nevada.--The maximum amount of
Federal funds that may be expended for the project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, referred to
in subsection (a)(29) shall be $6,000,000 and the Secretary
shall carry out the project if the Secretary determines that the
project is appropriate.
(3) Blackstone river, rhode island.--The Secretary shall
carry out the project for aquatic ecosystem restoration,
Blackstone River, Rhode Island, referred to in subsection
(a)(40) if the Secretary determines that the project is
appropriate.
(4) College lake, lynchburg, virginia.--The Secretary shall
carry out the project for aquatic ecosystem restoration, College
Lake, Lynchburg, Virginia, referred to in subsection (a)(43) if
the Secretary determines that the project is appropriate.
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) Nicholas canyon, los angeles, california.--Project for
shoreline protection, Nicholas Canyon, Los Angeles, California.
(3) Sanibel island, florida.--Project for shoreline
protection, Sanibel Island, Florida.
(4) Apra harbor, guam.--Project for shoreline protection,
Apra Harbor, Guam.
(5) Piti, cabras island, guam.--Project for shoreline
protection, Piti, Cabras Island, Guam.
(6) 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.
(7) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for shoreline protection, Delaware River
in the vicinity of the Philadelphia Naval Shipyard,
Pennsylvania.
(8) 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,
[[Page 121 STAT. 1067]]
Kowawese Unique Area and Hudson River, New Windsor, New York.
SEC. 1009. <<NOTE: Georgia. Indiana.>> SMALL PROJECTS TO PREVENT
OR MITIGATE DAMAGE CAUSED BY NAVIGATION
PROJECTS.
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 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i):
(1) Tybee Island, Georgia.
(2) Burns Waterway Harbor, Indiana.
SEC. 1010. <<NOTE: Nebraska.>> SMALL PROJECTS FOR AQUATIC PLANT
CONTROL.
(a) In General.--The Secretary is authorized to carry out a project
for aquatic nuisance plant control in the Republican River Basin,
Nebraska, under section 104 of the River and Harbor Act of 1958 (33
U.S.C. 610).
(b) Special Rule.--In carrying out the project under subsection (a),
the Secretary may control and eradicate riverine nuisance plants.
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. FUNDING TO PROCESS PERMITS.
Section 214(c) of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594; 119 Stat. 2169; 120 Stat. 318; 120
Stat. 3197) is amended by striking ``2008'' and inserting ``2009''.
SEC. 2003. 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 <<NOTE: Effective date.>> December
31, 1970, the construction of any water resources project, or an
acceptable separable
[[Page 121 STAT. 1068]]
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 may credit an in-
kind contribution under subparagraph (A) only 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
[[Page 121 STAT. 1069]]
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, relocations, 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 <<NOTE: Effective
date.>> 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--
``(1) a legally constituted public body (including a
federally recognized Indian tribe); or
``(2) 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 <<NOTE: Deadlines. Guidelines.>> later than June 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;
[[Page 121 STAT. 1070]]
``(3) the authority to approve any partnership agreement
that complies with the policies and guidelines issued by the
Secretary; and
``(4) <<NOTE: Notification.>> 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 <<NOTE: Deadlines. Internet.>> 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 <<NOTE: 42 USC 1962d-5b
note.>> 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 <<NOTE: 42 USC 1962d-5b note.>> 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) <<NOTE: 42 USC 1962d-5b note.>> Agreements and 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 cooperation, and the
agreements shall be referred to as ``partnership agreements''.
[[Page 121 STAT. 1071]]
(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. 2004. <<NOTE: Publication. 33 USC 2295 note.>> COMPILATION OF
LAWS.
(a) Compilation of Laws Enacted After November 8, 1966.--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 <<NOTE: Deadline.>> later than April
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 <<NOTE: Internet.>> Secretary shall ensure
that each volume compiled, and each volume reprinted, pursuant to this
section are available through electronic means, including on the
Internet.
SEC. 2005. 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
[[Page 121 STAT. 1072]]
a dredged material processing, treatment, contaminant reduction,
or disposal facility.
``(3) Multiple projects.--If appropriate, the Secretary may
combine portions of separate water resources projects with
appropriate combined cost-sharing among the various water
resources projects in a partnership agreement for a facility
under this subsection if the facility serves to manage dredged
material from multiple water resources projects located in the
geographic region of the facility.
``(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 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
``(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--
[[Page 121 STAT. 1073]]
``(i) be responsible for providing all
necessary lands, easements, relocations, and
rights-of-way 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. 2006. <<NOTE: 33 USC 2242.>> 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 State of Hawaii, the
Commonwealth of Puerto Rico, Guam, 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. 2007. <<NOTE: 33 USC 2222.>> 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 the Federal
agency that provides the funds determines that the funds are authorized
to be used to carry out the study or project.
SEC. 2008. <<NOTE: 33 USC 2340.>> REVISION OF PROJECT PARTNERSHIP
AGREEMENT; COST SHARING.
(a) Federal Allocation.--Upon authorization by law of an increase in
the maximum amount of Federal funds that may be
[[Page 121 STAT. 1074]]
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 enter into a revised partnership
agreement for the project to take into account the change in Federal
participation in the project.
(b) 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.
(c) Cost Estimates.--The estimated Federal and non-Federal costs of
water resources 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. 2009. <<NOTE: 33 USC 2341.>> 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. 2010. WATERSHED AND RIVER BASIN ASSESSMENTS.
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 a semicolon; 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 <<NOTE: Effective date.>> 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).
SEC. 2011. TRIBAL PARTNERSHIP PROGRAM.
(a) Program.--Section 203(b) of the Water Resources Development Act
of 2000 (33 U.S.C. 2269(b); 114 Stat. 2589) is amended--
(1) in paragraph (1) by inserting ``carry out water-related
planning activities and'' after ``the Secretary may'';
(2) in paragraph (1)(B) 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
[[Page 121 STAT. 1075]]
of the Interior as eligible for trust land status under part 151
of title 25, Code of Federal Regulations''; and
(3) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) watershed assessments and planning activities;
and''.
(b) Authorization of Appropriations.--Section 203(e) of such Act is
amended by striking ``2006'' and inserting ``2012''.
SEC. 2012. 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. 2013. 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 ``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)(2) 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
``$2,000,000'';
(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) <<NOTE: Reports.>> Annual Submission of Proposed Activities.--
Concurrent with the President's submission to Congress of the
President's
[[Page 121 STAT. 1076]]
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. 2014. 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;
``(25) Lake Sakakawea, North Dakota, removal of silt and
aquatic growth and measures to address excessive sedimentation;
``(26) Lake Luxembourg, Pennsylvania;
``(27) Lake Fairlee, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation; and
``(28) Lake Morley, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation.''.
SEC. 2015. <<NOTE: 33 USC 2317a.>> 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 may 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. 2016. <<NOTE: 33 USC 574a.>> 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.
[[Page 121 STAT. 1077]]
(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. 2017. <<NOTE: 33 USC 2342.>> ACCESS TO WATER RESOURCE DATA.
(a) In General.--The <<NOTE: Public information.>> 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 $3,000,000 for each fiscal year.
SEC. 2018. <<NOTE: 33 USC 426e-1.>> 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
[[Page 121 STAT. 1078]]
project (including shore protection and beach renourishment projects
constructed before the date of enactment of this Act).
SEC. 2019. 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
``December 31, 2007''.
(b) Projects.--The <<NOTE: Applicability.>> 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. 2020. AQUATIC ECOSYSTEM AND ESTUARY RESTORATION.
Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330; 110 Stat. 3679) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Authority.--
``(1) In general.--The Secretary may carry out a project to
restore and protect an aquatic ecosystem or estuary if the
Secretary determines that the project--
``(A)(i) will improve the quality of the environment
and is in the public interest; or
``(ii) will improve the elements and features of an
estuary (as defined in section 103 of the Estuaries and
Clean Waters Act of 2000 (33 U.S.C. 2902)); and
``(B) is cost-effective.
``(2) Dam removal.--A project under this section may include
removal of a dam.''; and
(2) in subsection (e) by striking ``$25,000,000'' and
inserting ``$50,000,000''.
SEC. 2021. 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 ``$55,000,000''.
SEC. 2022. SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.
Section 107(b) of the River and Harbor Act of 1960 (33 U.S.C.
577(b)) is amended by striking ``$4,000,000'' and inserting
``$7,000,000''.
SEC. 2023. PROTECTION OF HIGHWAYS, BRIDGE APPROACHES, PUBLIC
WORKS, AND NONPROFIT PUBLIC SERVICES.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
[[Page 121 STAT. 1079]]
SEC. 2024. 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
``$40,000,000''.
SEC. 2025. REMEDIATION OF ABANDONED MINE SITES.
Section 560(f) of the Water Resources Development Act of 1999 (33
U.S.C. 2336(f)) is amended by striking ``$7,500,000'' and inserting
``$20,000,000''.
SEC. 2026. 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. 2027. <<NOTE: 10 USC 3036 note.>> FISCAL TRANSPARENCY REPORT.
(a) In General.--On the third Tuesday of January of each year
beginning January 2008, the Chief of Engineers 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 a report on--
(1) the expenditures by the Corps for the preceding fiscal
year and estimated expenditures by the Corps for the current
fiscal year; and
(2) for projects and activities that are not scheduled for
completion in the current fiscal year, the estimated
expenditures by the Corps necessary in the following fiscal year
for each project or activity to maintain the same level of
effort being achieved in the current fiscal year.
(b) Contents.--In addition to the information described in
subsection (a), the report shall contain a detailed accounting of the
following information:
(1) With respect to activities carried out with funding
provided under the Construction appropriations account for the
Secretary, information on--
(A) projects currently under construction,
including--
(i) allocations to date;
(ii) the number of years remaining to complete
construction;
(iii) the estimated annual Federal cost to
maintain that construction schedule; and
(iv) a list of projects the Corps of Engineers
expects to complete during the current fiscal
year; and
(B) projects for which there is a signed partnership
agreement and completed planning, engineering, and
design, including--
(i) the number of years the project is
expected to require for completion; and
(ii) estimated annual Federal cost to maintain
that construction schedule.
[[Page 121 STAT. 1080]]
(2) With respect to operation and maintenance of the inland
and intracoastal waterways identified by section 206 of the
Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804)--
(A) the estimated annual cost to maintain each
waterway for the authorized reach and at the authorized
depth;
(B) the estimated annual cost of operation and
maintenance of locks and dams to ensure navigation
without interruption; and
(C) the actual expenditures to maintain each
waterway.
(3) With respect to activities carried out with funding
provided under the Investigations appropriations account for the
Secretary--
(A) the number of active studies;
(B) the number of completed studies not yet
authorized for construction;
(C) the number of initiated studies; and
(D) the number of studies expected to be completed
during the fiscal year.
(4) Funding received and estimates of funds to be received
for interagency and international support activities under
section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a).
(5) Recreation fees and lease payments.
(6) Hydropower and water storage receipts.
(7) Deposits into the Inland Waterways Trust Fund and the
Harbor Maintenance Trust Fund.
(8) Other revenues and fees collected by the Corps of
Engineers.
(9) With respect to permit applications and notifications, a
list of individual permit applications and nationwide permit
notifications, including--
(A) the date on which each permit application is
filed;
(B) the date on which each permit application is
determined to be complete;
(C) the date on which any permit application is
withdrawn; and
(D) the date on which the Corps of Engineers grants
or denies each permit.
(10) With respect to projects that are authorized but for
which construction is not complete, a list of such projects for
which no funds have been allocated for the 5 preceding fiscal
years, including, for each project--
(A) the authorization date;
(B) the last allocation date;
(C) the percentage of construction completed;
(D) the estimated cost remaining until completion of
the project; and
(E) a brief explanation of the reasons for the
delay.
SEC. 2028. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) In General.--Notwithstanding section 2361 of title 10, United
States Code, the Secretary may 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;
[[Page 121 STAT. 1081]]
(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) $2,000,000,
to carry out subsection (a)(2) $2,000,000, and to carry out subsection
(a)(3) $5,000,000.
SEC. 2029. SENSE OF CONGRESS ON CRITERIA FOR OPERATION AND
MAINTENANCE OF HARBOR DREDGING PROJECTS.
(a) Findings.--Congress finds the following:
(1) Insufficient maintenance dredging results in inefficient
water transportation and harmful economic consequences.
(2) The estimated dredging backlog at commercial harbors in
the Great Lakes alone is 16,000,000 cubic yards.
(3) Approximately two-thirds of all shipping in the United
States either starts or finishes at small harbors.
(4) Small harbors often have a greater proportional impact
on local economies than do larger harbors.
(5) Performance metrics can be valuable tools in the budget
process for water resources projects.
(6) The use of a single performance metric for water
resources projects can result in a budget biased against small
and rural communities.
(b) Sense of Congress.--It is the sense of Congress that the
operations and maintenance budget of the Corps of Engineers should
reflect the use of all available economic data, rather than a single
performance metric.
SEC. 2030. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
Section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may engage in activities (including
contracting) in support of other Federal agencies, international
organizations, or foreign governments to address problems of national
significance to the United States.'';
(2) in subsection (b) by striking ``Secretary of State'' and
inserting ``Department of State''; and
(3) in subsection (d)--
(A) by striking ``$250,000 for fiscal year 2001''
and inserting ``$1,000,000 for fiscal year 2008''; and
[[Page 121 STAT. 1082]]
(B) by striking ``or international organizations''
and inserting ``, international organizations, or
foreign governments''.
SEC. 2031. <<NOTE: 42 USC 1962-3.>> WATER RESOURCES PRINCIPLES AND
GUIDELINES.
(a) National Water Resources Planning Policy.--It is the policy of
the United States that all water resources projects should reflect
national priorities, encourage economic development, and protect the
environment by--
(1) seeking to maximize sustainable economic development;
(2) seeking to avoid the unwise use of floodplains and
flood-prone areas and minimizing adverse impacts and
vulnerabilities in any case in which a floodplain or flood-prone
area must be used; and
(3) protecting and restoring the functions of natural
systems and mitigating any unavoidable damage to natural
systems.
(b) Principles and Guidelines.--
(1) Principles and guidelines defined.--In this subsection,
the term ``principles and guidelines'' means the principles and
guidelines contained in the document prepared by the Water
Resources Council pursuant to section 103 of the Water Resources
Planning Act (42 U.S.C. 1962a-2), entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'', and dated March 10,
1983.
(2) In general.--Not <<NOTE: Deadline. Revisions.>> later
than 2 years after the date of enactment of this Act, the
Secretary shall issue revisions, consistent with paragraph (3),
to the principles and guidelines for use by the Secretary in the
formulation, evaluation, and implementation of water resources
projects.
(3) Considerations.--In <<NOTE: Evaluation.>> developing
revisions to the principles and guidelines under paragraph (2),
the Secretary shall evaluate the consistency of the principles
and guidelines with, and ensure that the principles and
guidelines address, the following:
(A) The use of best available economic principles
and analytical techniques, including techniques in risk
and uncertainty analysis.
(B) The assessment and incorporation of public
safety in the formulation of alternatives and
recommended plans.
(C) Assessment methods that reflect the value of
projects for low-income communities and projects that
use nonstructural approaches to water resources
development and management.
(D) The assessment and evaluation of the interaction
of a project with other water resources projects and
programs within a region or watershed.
(E) The use of contemporary water resources
paradigms, including integrated water resources
management and adaptive management.
(F) Evaluation methods that ensure that water
resources projects are justified by public benefits.
(4) Consultation and public participation.--In carrying out
paragraph (2), the Secretary shall--
[[Page 121 STAT. 1083]]
(A) 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; and
(B) solicit and consider public and expert comments.
(5) Publication.--The Secretary shall--
(A) <<NOTE: Revisions.>> submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives copies of--
(i) the revisions to the principles and
guidelines for use by the Secretary; and
(ii) an explanation of the intent of each
revision, how each revision is consistent with
this section, and the probable impact of each
revision on water resources projects carried out
by the Secretary; and
(B) <<NOTE: Public information. Internet.>> make the
revisions to the principles and guidelines for use by
the Secretary available to the public, including on the
Internet.
(6) Effect.--Subject to the requirements of this subsection,
the principles and guidelines as revised under this subsection
shall apply to water resources projects carried out by the
Secretary instead of the principles and guidelines for such
projects in effect on the day before date of enactment of this
Act.
(7) Applicability.--After the date of issuance of the
revisions to the principles and guidelines, the revisions shall
apply--
(A) to all water resources projects carried out by
the Secretary, other than projects for which the
Secretary has commenced a feasibility study 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 study before the date of such
issuance; and
(C) to the 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.
(8) Existing studies.--Revisions to the principles and
guidelines issued under paragraph (2) shall not affect the
validity of any completed study of a water resources project.
(9) Recommendation.--Upon completion of the revisions to the
principles and guidelines for use by the Secretary, the
Secretary shall make a recommendation to Congress as to the
advisability of repealing subsections (a) and (b) of section 80
of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-
17).
SEC. 2032. WATER RESOURCE PRIORITIES REPORT.
(a) In General.--Not <<NOTE: President.>> later than 2 years after
the date of enactment of this Act, the President shall submit to
Congress a report describing the vulnerability of the United States to
damage from flooding, including--
(1) the risk to human life;
[[Page 121 STAT. 1084]]
(2) the risk to property; and
(3) the comparative risks faced by different regions of the
United States.
(b) Inclusions.--The report under subsection (a) shall include--
(1) an assessment of the extent to which programs in the
United States relating to flooding address flood risk reduction
priorities;
(2) the extent to which those programs may be encouraging
development and economic activity in flood-prone areas;
(3) recommendations for improving those programs with
respect to reducing and responding to flood risks; and
(4) proposals for implementing the recommendations.
SEC. 2033. <<NOTE: 33 USC 2282a.>> PLANNING.
(a) Matters to Be Addressed in Planning.--Section 904 of the Water
Resources Development Act of 1986 (33 U.S.C. 2281) is amended--
(1) by striking ``Enhancing'' and inserting the following:
``(a) In General.--Enhancing''; and
(2) by adding at the end the following:
``(b) Assessments.--For <<NOTE: Effective date.>> all feasibility
reports for water resources projects completed after December 31, 2007,
the Secretary shall assess whether--
``(1) the water resources project and each separable element
is cost-effective; and
``(2) the water resources project complies with Federal,
State, and local laws (including regulations) and public
policies.''.
(b) Planning Process Improvements.--The Chief of Engineers--
(1) shall adopt a risk analysis approach to project cost
estimates for water resources projects; and
(2) <<NOTE: Deadline.>> not later than one year after the
date of enactment of this Act, shall--
(A) <<NOTE: Procedures.>> issue procedures for risk
analysis for cost estimation for water resources
projects; and
(B) <<NOTE: Reports.>> submit to Congress a report
that includes any recommended amendments to section 902
of the Water Resources Development Act of 1986 (33
U.S.C. 2280).
(c) <<NOTE: Deadlines.>> Benchmarks.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Chief of Engineers shall establish
benchmarks for determining the length of time it should take to
conduct a feasibility study for a water resources project and
its associated review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of
Engineers shall use such benchmarks as a management tool to make
the feasibility study process more efficient in all districts of
the Corps of Engineers.
(2) Benchmark goals.--The Chief of Engineers shall
establish, to the extent practicable, under paragraph (1)
benchmark goals for completion of feasibility studies for water
resources projects generally within 2 years. In the case of
feasibility studies that the Chief of Engineers determines may
require additional time based on the project type, size, cost,
[[Page 121 STAT. 1085]]
or complexity, the benchmark goal for completion shall be
generally within 4 years.
(d) Calculation of Benefits and Costs for Flood Damage Reduction
Projects.--A feasibility study for a project for flood damage reduction
shall include, as part of the calculation of benefits and costs--
(1) a calculation of the residual risk of flooding following
completion of the proposed project;
(2) a calculation of the residual risk of loss of human life
and residual risk to human safety following completion of the
proposed project;
(3) a calculation of any upstream or downstream impacts of
the proposed project; and
(4) calculations to ensure that the benefits and costs
associated with structural and nonstructural alternatives are
evaluated in an equitable manner.
(e) Centers of Specialized Planning Expertise.--
(1) Establishment.--The Secretary may establish centers of
expertise to provide specialized planning expertise for water
resources projects to be carried out by the Secretary in order
to enhance and supplement the capabilities of the districts of
the Corps of Engineers.
(2) Duties.--A center of expertise established under this
subsection shall--
(A) provide technical and managerial assistance to
district commanders of the Corps of Engineers for
project planning, development, and implementation;
(B) provide agency peer reviews of new major
scientific, engineering, or economic methods, models, or
analyses that will be used to support decisions of the
Secretary with respect to feasibility studies for water
resources projects;
(C) provide support for independent peer review
panels under section 2034; and
(D) carry out such other duties as are prescribed by
the Secretary.
(f) Completion of Corps of Engineers Reports.--
(1) Alternatives.--
(A) In general.--Feasibility and other studies and
assessments for a water resources project shall include
recommendations for alternatives--
(i) that, as determined in coordination with
the non-Federal interest for the project, promote
integrated water resources management; and
(ii) for which the non-Federal interest is
willing to provide the non-Federal share for the
studies or assessments.
(B) Constraints.--The alternatives contained in
studies and assessments described in subparagraph (A)
shall not be constrained by budgetary or other policy.
(C) Reports of chief of engineers.--The reports of
the Chief of Engineers shall identify any recommendation
that is not the best technical solution to water
resource needs and problems and the reason for the
deviation.
(2) Report completion.--The completion of a report of the
Chief of Engineers for a water resources project--
[[Page 121 STAT. 1086]]
(A) shall not be delayed while consideration is
being given to potential changes in policy or priority
for project consideration; and
(B) shall be submitted, on completion, to--
(i) the Committee on Environment and Public
Works of the Senate; and
(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
(g) <<NOTE: Deadlines.>> Completion Review.--
(1) In general.--Except as provided in paragraph (2), not
later than 120 days after the date of completion of a report of
the Chief of Engineers that recommends to Congress a water
resources project, the Secretary shall--
(A) review the report; and
(B) provide any recommendations of the Secretary
regarding the water resources project to Congress.
(2) Prior reports.--Not later than 180 days after the date
of enactment of this Act, with respect to any report of the
Chief of Engineers recommending a water resources project that
is complete prior to the date of enactment of this Act, the
Secretary shall complete review of, and provide recommendations
to Congress for, the report in accordance with paragraph (1).
SEC. 2034. <<NOTE: 33 USC 2343.>> 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) if--
(i) the project has an estimated total cost of
more than $45,000,000, including mitigation costs,
and is not determined by the Chief of Engineers to
be exempt from peer review under paragraph (6);
(ii) the Governor of an affected State
requests a peer review by an independent panel of
experts; or
(iii) the Chief of Engineers determines that
the project study is controversial considering the
factors set forth in paragraph (4).
(B) Discretionary.--
(i) Agency request.--A project study shall be
considered by the Chief of Engineers for peer
review under this section if 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
[[Page 121 STAT. 1087]]
requests a peer review by an independent panel of
experts.
(ii) Deadline for decision.--A decision of the
Chief of Engineers under this subparagraph whether
to conduct a peer review shall be made within 21
days of the date of receipt of the request by the
head of the Federal or State agency under clause
(i).
(iii) Reasons for not conducting peer
review.--If the Chief of Engineers decides not to
conduct a peer review following a request under
clause (i), the Chief shall make publicly
available, including on the Internet, the reasons
for not conducting the peer review.
(iv) <<NOTE: Deadlines.>> Appeal to chairman
of council on environmental quality.--A decision
by the Chief of Engineers not to conduct a peer
review following a request under clause (i) shall
be subject to appeal by a person referred to in
clause (i) to the Chairman of the Council on
Environmental Quality if such appeal is made
within the 30-day period following the date of the
decision being made available under clause (iii).
A decision of the Chairman on an appeal under this
clause shall be made within 30 days of the date of
the appeal.
(4) Factors to consider.--In determining whether a project
study is controversial under paragraph (3)(A)(iii), 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.
(5) Project studies excluded from peer review.--The Chief of
Engineers may exclude a project study from peer review under
paragraph (1)--
(A) if the project study does not include an
environmental impact statement and is a project study
subject to peer review under paragraph (3)(A)(i) that
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. 1531 et seq.) or the critical habitat
of such species designated under such Act;
(B) if the project study--
(i) involves only the rehabilitation or
replacement of existing hydropower turbines, lock
structures, or flood control gates within the same
footprint and for the same purpose as an existing
water resources project;
[[Page 121 STAT. 1088]]
(ii) is for an activity for which there is
ample experience within the Corps of Engineers and
industry to treat the activity as being routine;
and
(iii) has minimal life safety risk; or
(C) if the project study does not include an
environmental impact statement and is a project study
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), or section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(6) Determination of total cost.--For purposes of
determining the estimated total cost of a project under
paragraph (3)(A), the total 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 total 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 is required
to be reviewed under this section.
(b) Timing of Peer Review.--
(1) In general.--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 signing of the feasibility cost-
sharing agreement for the study and ending on the date
established under subsection (e)(1)(A) for the peer review and
shall be accomplished concurrent with the conducting of the
project study.
(2) Factors to consider.--In any case in which 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--
(A) the without-project conditions are identified;
(B) the array of alternatives to be considered are
identified; and
(C) the preferred alternative is identified.
(3) Limitation on multiple peer review.--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
[[Page 121 STAT. 1089]]
scientific and technical advisory organization or an eligible
organization to establish a panel of experts to conduct a peer
review for the project study.
(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.--The National Academy of
Sciences or any other organization the Chief of Engineers
contracts with under paragraph (1) to establish a panel of
experts shall apply the National Academy of Science's policy for
selecting committee members to ensure that members selected for
the panel of experts have no conflict with the project being
reviewed.
(4) Congressional notification.--Upon identification of a
project study for peer review under this section, but prior to
initiation of the 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 the review.
(d) Duties of Panels.--A panel of experts established for a peer
review for a project study under this section shall--
(1) conduct the peer review for the project study;
(2) assess the adequacy and acceptability of the economic,
engineering, and environmental methods, models, and analyses
used by the Chief of Engineers;
(3) receive from the Chief of Engineers the public written
and oral comments provided to the Chief of Engineers;
(4) provide timely written and oral comments to the Chief of
Engineers throughout the development of the project study, as
requested; and
(5) <<NOTE: Reports.>> 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, engineering, and environmental methods, models, and
analyses used by the Chief of Engineers, to accompany the
publication of the report of the Chief of Engineers for the
project.
(e) Duration of Project Study Peer Reviews.--
(1) Deadline.--A panel of experts established under this
section shall--
(A) <<NOTE: Reports.>> complete its peer review
under this section for a project study and submit a
report to the Chief of Engineers under subsection (d)(5)
not more than 60 days after the last day of the public
comment period for the draft project study, or, if the
Chief of Engineers determines that a longer period of
time is necessary, such period of time determined
necessary by the Chief of Engineers; and
(B) <<NOTE: Termination date.>> terminate on the
date of initiation of the State and agency review
required by the first section of the Flood Control Act
of December 22, 1944 (58 Stat. 887).
(2) Failure to meet deadline.--If a panel of experts 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)(5) on or before the deadline established by
paragraph (1) for the peer review, the Chief of Engineers shall
complete the project study without delay.
[[Page 121 STAT. 1090]]
(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) <<NOTE: Internet.>> 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 by electronic means, including the Internet; and
(B) transmit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives 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 the project study.
(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 <<NOTE: Effective date. Termination
date.>> 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 7 years after such date of
enactment.
(i) Reports.--
(1) Initial report.--Not later than 3 years after the date
of enactment of this section, the Chief of Engineers 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 a report on the implementation of
this section.
(2) Additional report.--Not later than 6 years after the
date of enactment of this section, the Chief of Engineers shall
update the report under paragraph (1) taking into account any
further information on implementation of this section and submit
such updated report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(j) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to a 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
[[Page 121 STAT. 1091]]
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) a feasibility study or reevaluation study for a
water resources project, including the environmental
impact statement prepared for the study; and
(B) any other study associated with a modification
of a water resources project that includes an
environmental impact statement, including the
environmental impact statement prepared for the study.
(2) Affected state.--The term ``affected State'', as used
with respect to a water resources 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.
(4) Total cost.--The term ``total cost'', as used with
respect to a water resources project, means the cost of
construction (including planning and designing) of the project.
In the case of a project for hurricane and storm damage
reduction or flood damage reduction that includes periodic
nourishment over the life of the project, the term includes the
total cost of the nourishment.
SEC. 2035. <<NOTE: 33 USC 2344.>> SAFETY ASSURANCE REVIEW.
(a) Projects Subject to Safety Assurance Review.--The Chief of
Engineers shall ensure that the design and construction activities for
hurricane and storm damage reduction and flood damage reduction projects
are reviewed by independent experts under this section if the Chief of
Engineers determines that a review by independent experts is necessary
to assure public health, safety, and welfare.
(b) Factors.--In determining whether a review of design and
construction of a project is necessary under this section, the Chief of
Engineers shall consider whether--
(1) the failure of the project would pose a significant
threat to human life;
(2) the project involves the use of innovative materials or
techniques;
(3) the project design lacks redundancy; or
(4) the project has a unique construction sequencing or a
reduced or overlapping design construction schedule.
(c) Safety Assurance Review.--
(1) Initiation of review.--At the appropriate point in the
development of detailed engineering and design specifications
for each water resources project subject to review under
[[Page 121 STAT. 1092]]
this section, the Chief of Engineers shall initiate a safety
assurance review by independent experts on the design and
construction activities for the project.
(2) Selection of reviewers.--A safety assurance review under
this section shall include participation by experts selected by
the Chief of Engineers from among individuals who are
distinguished experts in engineering, hydrology, or other
appropriate disciplines. <<NOTE: Applicability.>> The Chief of
Engineers shall apply the National Academy of Science's policy
for selecting reviewers to ensure that reviewers have no
conflict of interest with the project being reviewed.
(3) Compensation.--An individual serving as an independent
reviewer under this section shall be compensated at a rate of
pay to be determined by the Secretary and shall be allowed
travel expenses.
(d) Scope of Safety Assurance Reviews.--A safety assurance review
under this section shall include a review of the design and construction
activities prior to the initiation of physical construction and
periodically thereafter until construction activities are completed on a
regular schedule sufficient to inform the Chief of Engineers on the
adequacy, appropriateness, and acceptability of the design and
construction activities for the purpose of assuring public health,
safety, and welfare. The Chief of Engineers shall ensure that reviews
under this section do not create any unnecessary delays in design and
construction activities.
(e) Safety Assurance Review Record.--The <<NOTE: Public
information. Internet.>> written recommendations of a reviewer or panel
of reviewers under this section and the responses of the Chief of
Engineers shall be available to the public, including through electronic
means on the Internet.
(f) Applicability.--This <<NOTE: Effective date. Termination
date.>> section shall apply to any project in design or under
construction on the date of enactment of this Act and to any project
with respect to which design or construction is initiated during the
period beginning on the date of enactment of this Act and ending 7 years
after such date of enactment.
SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.
(a) Mitigation for Fish and Wildlife Losses.--Section 906(d) of the
Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
(1) in the first sentence of paragraph (1) by striking ``to
the Congress'' and inserting ``to Congress in any report, and
shall not select a project alternative in any report,'';
(2) in the second sentence of paragraph (1) by inserting ``,
and other habitat types are mitigated to not less than in-kind
conditions'' after ``mitigated in-kind''; and
(3) by adding at the end the following:
``(3) Mitigation requirements.--
``(A) In general.--To mitigate losses to flood
damage reduction capabilities and fish and wildlife
resulting from a water resources project, the Secretary
shall ensure that the mitigation plan for each water
resources project complies with the mitigation standards
and policies established pursuant to the regulatory
programs administered by the Secretary.
[[Page 121 STAT. 1093]]
``(B) Inclusions.--A specific mitigation plan for a
water resources project under paragraph (1) shall
include, at a minimum--
``(i) a plan for monitoring the implementation
and ecological success of each mitigation measure,
including the cost and duration of any monitoring,
and, to the extent practicable, a designation of
the entities that will be responsible for the
monitoring;
``(ii) the criteria for ecological success by
which the mitigation will be evaluated and
determined to be successful based on replacement
of lost functions and values of the habitat,
including hydrologic and vegetative
characteristics;
``(iii) a description of the land and
interests in land to be acquired for the
mitigation plan and the basis for a determination
that the land and interests are available for
acquisition;
``(iv) a description of--
``(I) the types and amount of
restoration activities to be conducted;
``(II) 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 the mitigation will occur outside
the watershed, a detailed explanation
for undertaking the mitigation outside
the watershed; and
``(III) the functions and values
that will result from the mitigation
plan; and
``(v) a contingency plan for taking corrective
actions in cases in which monitoring demonstrates
that mitigation measures are not achieving
ecological success in accordance with criteria
under clause (ii).
``(C) 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 under section 221 of Flood
Control Act of 1970 (42 U.S.C. 1962d-5b).
``(4) Determination of success.--
``(A) In general.--A mitigation plan under this
subsection shall be considered to be successful at the
time at which the criteria under paragraph (3)(B)(ii)
are achieved under the plan, as determined by monitoring
under paragraph (3)(B)(i).
``(B) Consultation.--In determining whether a
mitigation plan is successful under subparagraph (A),
the Secretary shall consult annually with appropriate
Federal agencies and each State in which the applicable
project is located on at least the following:
``(i) The ecological success of the mitigation
as of the date on which the report is submitted.
``(ii) The likelihood that the mitigation will
achieve ecological success, as defined in the
mitigation plan.
``(iii) The projected timeline for achieving
that success.
[[Page 121 STAT. 1094]]
``(iv) Any recommendations for improving the
likelihood of success.
``(5) Monitoring.--Mitigation monitoring shall continue
until it has been demonstrated that the mitigation has met the
ecological success criteria.''.
(b) <<NOTE: 33 USC 2283a.>> 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), the status of such mitigation, and the results of the
consultation under subsection (d)(4)(B) of such section.
(2) Projects included.--The status report shall include the
status of--
(A) all projects that are under construction as of
the date of the report;
(B) all projects for which the President requests
funding for the next fiscal year; and
(C) all projects that have undergone or completed
construction, but have not completed the mitigation
required under section 906 of the Water Resources
Development Act of 1986.
(3) Availability of information.--The <<NOTE: Public
information. Internet.>> Secretary shall make information
contained in the status report available to the public,
including on the Internet.
(c) <<NOTE: 33 USC 2317b.>> Wetlands Mitigation.--
(1) In general.--In carrying out a water resources project
that involves wetlands mitigation and that has impacts that
occur within the service area of a mitigation bank, the
Secretary, 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).
(2) Service area.--To the maximum extent practicable, the
service area of the mitigation bank under paragraph (1) shall be
in the same watershed as the affected habitat.
(3) Responsibility for monitoring.--
(A) In general.--Purchase of credits from a
mitigation bank for a water resources project relieves
the Secretary and the non-Federal interest from
responsibility for monitoring or demonstrating
mitigation success.
(B) Applicability.--The relief of responsibility
under subparagraph (A) applies only in any case in which
the Secretary determines that monitoring of mitigation
success is being conducted by the Secretary or by the
owner or operator of the mitigation bank.
SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.
(a) In General.--Section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326) is amended to read as follows:
[[Page 121 STAT. 1095]]
``SEC. 204. REGIONAL SEDIMENT MANAGEMENT.
``(a) In General.--
``(1) Sediment use.--For sediment obtained through the
construction, operation, or maintenance of an authorized Federal
water resources project, the Secretary shall develop, at Federal
expense, regional sediment management plans and carry out
projects at locations identified in plans developed under this
section, or identified jointly by the non-Federal interest and
the Secretary, for use in the construction, repair,
modification, or rehabilitation of projects associated with
Federal water resources projects for purposes listed in
paragraph (3).
``(2) Cooperation.--The <<NOTE: Plans.>> Secretary shall
develop plans under this subsection in cooperation with the
appropriate Federal, State, regional, and local agencies.
``(3) Purposes for sediment use in projects.--The purposes
of using sediment for the construction, repair, modification, or
rehabilitation of Federal water resources projects are--
``(A) to reduce storm damage to property;
``(B) to protect, restore, and create aquatic and
ecologically related habitats, including wetlands; and
``(C) to transport and place suitable sediment.
``(b) Secretarial Findings.--Subject to subsection (c), projects
carried out under subsection (a) may be carried out in any case in which
the Secretary finds that--
``(1) the environmental, economic, and social benefits of
the project, both monetary and nonmonetary, justify the cost of
the project; and
``(2) the project will not result in environmental
degradation.
``(c) Determination of Project Costs.--
``(1) Costs of construction.--
``(A) In general.--Costs associated with
construction of a project under this section or
identified in a regional sediment management plan shall
be limited solely to construction costs that are in
excess of the costs necessary to carry out the dredging
for construction, operation, or maintenance of an
authorized Federal water resources project in the most
cost-effective way, consistent with economic,
engineering, and environmental criteria.
``(B) Cost sharing.--
``(i) In general.--Except as provided in
clause (ii), the non-Federal share of the
construction cost of a project under this section
shall be determined as provided in subsections (a)
through (d) of section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
``(ii) Special rule.--Construction of a
project under this section 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
is located in a disadvantaged community as
determined by the Secretary, may be carried out at
Federal expense.
``(C) Total cost.--The total Federal costs
associated with construction of a project under this
section may not exceed $5,000,000.
[[Page 121 STAT. 1096]]
``(2) Operation, maintenance, replacement, and
rehabilitation costs.--Operation, maintenance, replacement, and
rehabilitation costs associated with a project under this
section are the responsibility of the non-Federal interest.
``(d) Selection of Dredged Material Disposal Method for
Environmental Purposes.--
``(1) In general.--In developing and carrying out a Federal
water resources project involving the disposal of dredged
material, 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
the 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.
``(2) Federal share.--The Federal share of such incremental
costs shall be determined in accordance with subsection (c).
``(e) State and Regional Plans.--The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional sediment management plan within
the boundaries of the State;
``(2) encourage State participation in the implementation of
the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out the
plan.
``(f) Priority Areas.--In carrying out this section, the Secretary
shall give priority to a regional sediment management project in the
vicinity of each of the following:
``(1) Little Rock Slackwater Harbor, Arkansas.
``(2) Fletcher Cove, California.
``(3) Egmont Key, Florida.
``(4) Calcasieu Ship Channel, Louisiana.
``(5) Delaware River Estuary, New Jersey and Pennsylvania.
``(6) Fire Island Inlet, Suffolk County, New York.
``(7) Smith Point Park Pavilion and the TWA Flight 800
Memorial, Brookhaven, New York.
``(8) Morehead City, North Carolina.
``(9) Toledo Harbor, Lucas County, Ohio.
``(10) Galveston Bay, Texas.
``(11) Benson Beach, Washington.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 per fiscal year, of
which not more than $5,000,000 per fiscal year may be used for the
development of regional sediment management plans authorized by
subsection (e) and of which not more than $3,000,000 per fiscal year may
be used for construction of projects to which subsection (c)(1)(B)(ii)
applies. Such funds shall remain available until expended.''.
(b) Conforming Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Existing projects.--The <<NOTE: Termination date. 33 USC
426j note.>> Secretary may complete any project being carried
out under section 145 of the Water
[[Page 121 STAT. 1097]]
Resources Development Act of 1976 on the day before the date of
enactment of this Act.
SEC. 2038. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT PROGRAM.
(a) In General.--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
to read as follows:
``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT MINIMIZATION
PROGRAM.
``(a) Construction of Small Shore and Beach Restoration and
Protection Projects.--
``(1) In general.--The Secretary may carry out a program for
the construction of small shore and beach restoration and
protection projects not specifically authorized by Congress that
otherwise comply with the first section of this Act if the
Secretary determines that such construction is advisable.
``(2) <<NOTE: Applicability.>> Local cooperation.--The local
cooperation requirement of the first section of this Act shall
apply to a project under this section.
``(3) Completeness.--A project under this subsection--
``(A) shall be complete; and
``(B) shall not commit the United States to any
additional improvement to ensure the successful
operation of the project; except for participation in
periodic beach nourishment in accordance with--
``(i) the first section of this Act; and
``(ii) the procedure for projects authorized
after submission of a survey report.
``(b) National Shoreline Erosion Control Development and
Demonstration Program.--
``(1) In general.--The Secretary shall conduct under the
program authorized by subsection (a) a national shoreline
erosion control development and demonstration program (referred
to in this section as the `demonstration program').
``(2) Requirements.--
``(A) In general.--The demonstration program shall
include provisions for--
``(i) projects consisting of planning, design,
construction, and monitoring of prototype
engineered and native and naturalized vegetative
shoreline erosion control devices and methods;
``(ii) monitoring of the applicable
prototypes;
``(iii) detailed engineering and environmental
reports on the results of each project carried out
under the demonstraton program; and
``(iv) technology transfers, as appropriate,
to private property owners, State and local
entities, nonprofit educational institutions, and
nongovernmental organizations.
``(B) Determination of feasibility.--A project under
the demonstration program shall not be carried out until
the Secretary determines that the project is feasible.
``(C) Emphasis.--A project under the demonstration
program shall emphasize, to the maximum extent
practicable--
[[Page 121 STAT. 1098]]
``(i) the development and demonstration of
innovative technologies;
``(ii) efficient designs to prevent erosion at
a shoreline site, taking into account the
lifecycle cost of the design, including cleanup,
maintenance, and amortization;
``(iii) new and enhanced shore protection
project design and project formulation tools the
purposes of which are to improve the physical
performance, and lower the lifecycle costs, of the
projects;
``(iv) natural designs, including the use of
native and naturalized vegetation or temporary
structures that minimize permanent structural
alterations to the shoreline;
``(v) the avoidance of negative impacts to
adjacent shorefront communities;
``(vi) in areas with substantial residential
or commercial interests located adjacent to the
shoreline, designs that do not impair the
aesthetic appeal of the interests;
``(vii) the potential for long-term protection
afforded by the technology; and
``(viii) recommendations developed from
evaluations of the program established under the
Shoreline Erosion Control Demonstration Act of
1974 (42 U.S.C. 1962-5 note), including--
``(I) adequate consideration of the
subgrade;
``(II) proper filtration;
``(III) durable components;
``(IV) adequate connection between
units; and
``(V) consideration of additional
relevant information.
``(D) Sites.--
``(i) In general.--Each project under the
demonstration program may be carried out at--
``(I) a privately owned site with
substantial public access; or
``(II) a publicly owned site on open
coast or in tidal waters.
``(ii) Selection.--
The <<NOTE: Criteria.>> Secretary shall develop
criteria for the selection of sites for projects
under the demonstration program, including
criteria based on--
``(I) a variety of geographic and
climatic conditions;
``(II) the size of the population
that is dependent on the beaches for
recreation or the protection of private
property or public infrastructure;
``(III) the rate of erosion;
``(IV) significant natural resources
or habitats and environmentally
sensitive areas; and
``(V) significant threatened
historic structures or landmarks.
``(3) Consultation.--The Secretary shall carry out the
demonstration program in consultation with--
[[Page 121 STAT. 1099]]
``(A) the Secretary of Agriculture, particularly
with respect to native and naturalized vegetative means
of preventing and controlling shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center
established by the first section of Public Law 88-172
(33 U.S.C. 426-1); and
``(E) applicable university research facilities.
``(4) Completion of demonstration.--After carrying out the
initial construction and evaluation of the performance and cost
of a project under the demonstration program, the Secretary
may--
``(A) amend, at the request of a non-Federal
interest of the project, the partnership agreement for a
federally authorized shore protection project in
existence on the date on which initial construction of
the project under the demonstration program is complete
to incorporate the project constructed under the
demonstration program as a feature of the shore
protection project, with the future cost sharing of the
project constructed under the demonstration program to
be determined by the project purposes of the shore
protection project; or
``(B) transfer all interest in and responsibility
for the completed project constructed under the
demonstration program to a non-Federal interest or
another Federal agency.
``(5) Agreements.--The Secretary may enter into a
partnership agreement with the non-Federal interest or a
cooperative agreement with the head of another Federal agency
under the demonstration program--
``(A) to share the costs of construction, operation,
maintenance, and monitoring of a project under the
demonstration program;
``(B) to share the costs of removing the project, or
element of the project if the Secretary determines that
the project or element of the project is detrimental to
public or private property, public infrastructure, or
public safety; or
``(C) to specify ownership of the completed project
if the Secretary determines that the completed project
will not be part of a Corps of Engineers project.
``(6) Report.--Not later than December 31, 2008, and every 3
years thereafter, the Secretary shall prepare and submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
``(A) the activities carried out and accomplishments
made under the demonstration program since the previous
report under this paragraph; and
``(B) any recommendations of the Secretary relating
to the program.
``(c) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), the Secretary
may expend, from any appropriations made available to the
Secretary for the purpose of carrying out civil works, not more
than $30,000,000 during any fiscal year to pay the Federal share
of the costs of construction of small shore and beach
[[Page 121 STAT. 1100]]
restoration and protection projects or small projects under this
section.
``(2) Limitation.--The total amount expended for a project
under this section shall--
``(A) be sufficient to pay the cost of Federal
participation in the project (including periodic
nourishment as provided for under the first section of
this Act), as determined by the Secretary; and
``(B) be not more than $5,000,000.''.
(b) Repeal.--Section 5 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), is repealed.
SEC. 2039. <<NOTE: 33 USC 2330a.>> MONITORING ECOSYSTEM
RESTORATION.
(a) In General.--In conducting a feasibility study for a project (or
a component of a project) for ecosystem restoration, the Secretary shall
ensure that the recommended project includes, as an integral part of the
project, a plan for monitoring the success of the ecosystem restoration.
(b) Monitoring Plan.--The monitoring plan shall--
(1) include a description of the monitoring activities to be
carried out, the criteria for ecosystem restoration success, and
the estimated cost and duration of the monitoring; and
(2) specify that the monitoring shall continue until such
time as the Secretary determines that the criteria for ecosystem
restoration success will be met.
(c) Cost Share.--For a period of 10 years from completion of
construction of a project (or a component of a project) for ecosystem
restoration, the Secretary shall consider the cost of carrying out the
monitoring as a project cost. If the monitoring plan under subsection
(b) requires monitoring beyond the 10-year period, the cost of
monitoring shall be a non-Federal responsibility.
SEC. 2040. <<NOTE: 33 USC 2345.>> ELECTRONIC SUBMISSION OF PERMIT
APPLICATIONS.
(a) In General.--Not <<NOTE: Deadline.>> later than 2 years after
the date of enactment of this Act, the Secretary shall implement a
program to allow electronic submission of permit applications for
permits under the jurisdiction of the Secretary.
(b) Limitations.--This section does not preclude the submission of a
physical copy.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 2041. <<NOTE: 33 USC 2346.>> PROJECT ADMINISTRATION.
(a) Project Tracking.--The Secretary shall assign a unique tracking
number to each water resources project under the jurisdiction of the
Secretary to be used by each Federal agency throughout the life of the
project.
(b) Report Repository.--
(1) <<NOTE: Records.>> In general.--The Secretary shall
provide to the Library of Congress a copy of each final
feasibility study, final environmental impact statement, final
reevaluation report, record of decision, and report to Congress
prepared by the Corps of Engineers.
(2) Availability to public.--Each <<NOTE: Public
information. Internet.>> document described in paragraph (1)
shall be made available to the public, and an
[[Page 121 STAT. 1101]]
electronic copy of each document shall be made permanently
available to the public through the Internet.
SEC. 2042. PROGRAM ADMINISTRATION.
Sections 101, 106, and 108 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2252-2254), are
repealed.
SEC. 2043. 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) <<NOTE: Applicability.>> 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
[[Page 121 STAT. 1102]]
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. 2044. <<NOTE: 33 USC 2347.>> COORDINATION AND SCHEDULING OF
FEDERAL, STATE, AND LOCAL ACTIONS.
(a) <<NOTE: Procedures.>> 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,
[[Page 121 STAT. 1103]]
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 (c), 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. 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) Coordination.--The Secretary shall seek, to the extent
practicable, to 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. <<NOTE: Notification.>> The Secretary shall notify, to the
extent possible, the non-Federal interest of its 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 should be provided to the appropriate Federal,
State, or local agency or Indian tribe.
(c) 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.
(d) 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.
SEC. 2045. <<NOTE: 33 USC 2348.>> 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) <<NOTE: Applicability.>> 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.--The coordinated review process under this
section may 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
[[Page 121 STAT. 1104]]
(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.
(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.--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 agency, Indian tribe, or non-Federal interest 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, 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.
(3) Report to congress.--Not later than 30 days after the
date of receipt of a report under paragraph (2), the Secretary
shall compile and submit a report to 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,
describing any deadlines identified in paragraph (1), and any
information provided to the Secretary by the Federal, State,
[[Page 121 STAT. 1105]]
or local government agency, Indian tribe, or non-Federal
interest involved under paragraph (2).
(i) 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. 2046. PROJECT DEAUTHORIZATION.
Section 1001(b)(2) of the Water Resources Development Act of 1986
(33 U.S.C. 579a(b)(2)) is amended--
(1) in the first sentence--
(A) by striking ``two years'' and inserting
``year''; and
(B) by striking ``7'' and inserting ``5'';
(2) in the last sentence by striking ``30 months after the
date'' and inserting ``the last date of the fiscal year
following the fiscal year in which''; and
(3) in the last sentence by striking ``such 30 month
period'' and inserting ``such period''.
SEC. 2047. FEDERAL HOPPER DREDGES.
(a) Hopper Dredge Mcfarland.--Section 563 of the Water Resources
Development Act of 1996 (110 Stat. 3784) is amended to read as follows:
``SEC. 563. HOPPER DREDGE MCFARLAND.
``(a) Placement in Ready Reserve Status.--Not <<NOTE: Effective
date. Termination date.>> before October 1, 2009, and not after December
31, 2009, the Secretary shall--
``(1) place the Federal hopper dredge McFarland (referred to
in this section as the `vessel') in a ready reserve status; and
``(2) use the vessel solely for urgent and emergency
purposes in accordance with existing emergency response
protocols.
``(b) Routine Tests and Maintenance.--
``(1) In general.--The Secretary shall periodically perform
routine underway dredging tests of the equipment (not to exceed
70 days per year) of the vessel in a ready reserve status to
ensure the ability of the vessel to perform urgent and emergency
work.
``(2) Maintenance.--The Secretary--
``(A) shall not assign any scheduled hopper dredging
work to the vessel other than dredging tests in the
Delaware River and Bay; but
``(B) shall perform any repairs, including any
asbestos abatement, necessary to maintain the vessel in
a ready reserve fully operational condition.
``(c) Active Status for Dredging.--The Secretary, in consultation
with affected stakeholders, shall place the vessel in active status in
order to perform dredging work if the Secretary determines that private
industry has failed--
[[Page 121 STAT. 1106]]
``(1) to submit a responsive and responsible bid for work
advertised by the Secretary; or
``(2) to carry out a project as required pursuant to a
contract between the industry and the Secretary.''.
(b) Hopper Dredges Essayons and Yaquina.--Section 3(c)(7)(B) of the
Act of August 11, 1888 (33 U.S.C. 622; 25 Stat. 423), is amended by
adding at the end the following: ``This subparagraph shall not apply to
the Federal hopper dredges Essayons and Yaquina of the Corps of
Engineers.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
Section 111 of title I of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2944) is amended to read as follows:
``SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
``(a) Construction of New Facilities.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Existing facility.--The term `existing
facility' means the administrative and maintenance
facility for the project for Black Warrior-Tombigbee
Rivers, Alabama, authorized by the first section of the
River and Harbor Appropriations Act of July 5, 1884 (24
Stat. 141), in existence on the date of enactment of the
Water Resources Development Act of 2007.
``(B) Parcel.--The term `Parcel' means the land
owned by the Corps of Engineers serving as the
operations and maintenance facility of the Corps of
Engineers in the city of Tuscaloosa, Alabama, in
existence on the date of enactment of the Water
Resources Development Act of 2007.
``(2) Authorization.--In carrying out the project for Black
Warrior-Tombigbee Rivers, Alabama, the Secretary is authorized,
at Federal expense--
``(A) to purchase land on which the Secretary may
construct a new maintenance facility for the project, to
be located--
``(i) at a different location from the
existing facility; and
``(ii) in the vicinity of the city of
Tuscaloosa, Alabama;
``(B) at any time during or after the completion of
(and relocation to) the new maintenance facility, to
demolish the existing facility; and
``(C) to construct on the Parcel a new
administrative facility for the project.
``(b) Acquisition and Disposition of Property.--The Secretary--
``(1) may acquire any real property necessary for the
construction of the new maintenance facility under subsection
(a)(2)(A); and
``(2) shall convey to the city of Tuscaloosa fee simple
title in and to any portion of the Parcel not required for
construction
[[Page 121 STAT. 1107]]
of the new administrative facility under subsection (a)(2)(C)
through--
``(A) sale at fair market value;
``(B) exchange for city of Tuscaloosa owned land on
an acre-for-acre basis; or
``(C) any combination of a sale under subparagraph
(A) and an exchange under subparagraph (B).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $32,000,000.''.
SEC. 3002. 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. 3003. 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. 3004. SEWARD HARBOR, ALASKA.
The project for navigation, Seward Harbor, Alaska, authorized by
section 101(a)(3) of the Water Resources Development Act of 1999 (113
Stat. 274), is modified to authorize the Secretary to extend the
existing breakwater by approximately 215 feet, at a total cost of
$3,333,000, with an estimated Federal cost of $2,666,000 and an
estimated non-Federal cost of $667,000.
SEC. 3005. 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 Federal expense.
The estimated cost is $6,300,000.
SEC. 3006. 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. 3007. 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. 3008. NOGALES WASH AND TRIBUTARIES FLOOD CONTROL PROJECT,
ARIZONA.
The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606) and modified by section 303 of
the Water Resources Development Act of 1996 (110 Stat.
[[Page 121 STAT. 1108]]
3711) and section 302 of the Water Resources Development Act of 2000
(114 Stat. 2600), is modified to authorize the Secretary to construct
the project at a total cost of $25,410,000, with an estimated Federal
cost of $22,930,000 and an estimated non-Federal cost of $2,480,000.
SEC. 3009. TUCSON DRAINAGE AREA, ARIZONA.
The project for flood damage reduction, environmental restoration,
and recreation, Tucson drainage area, Arizona, authorized by section
101(a)(5) of the Water Resources Development Act of 1999 (113 Stat.
274), is modified to authorize the Secretary to construct the project at
a total cost of $66,700,000, with an estimated Federal cost of
$43,350,000 and an estimated non-Federal cost of $23,350,000.
SEC. 3010. 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. 3011. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI.
The project for flood control, St. Francis River Basin, Arkansas and
Missouri, authorized by the Act of June 15, 1936 (49 Stat. 1508), is
modified to authorize the Secretary to undertake channel stabilization
and sediment removal measures on the St. Francis River and tributaries
as a nonseparable element of the original project.
SEC. 3012. 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, including treatment and
distributions components, 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. 3013. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND
LOUISIANA.
(a) In General.--Section 204 of the Flood Control Act of 1950 (64
Stat. 173) is amended in the matter under the heading ``red-ouachita
river basin'' by striking ``improvements at Calion, Arkansas'' and
inserting ``improvements at Calion, Arkansas (including authorization
for the comprehensive flood-control project for Ouachita River and
tributaries, incorporating in the project all flood control, drainage,
and power improvements in the basin above the lower end of the left bank
Ouachita River levee)''.
[[Page 121 STAT. 1109]]
(b) Modification.--Section <<NOTE: 33 USC 702a-12.>> 3 of the Flood
Control Act of August 18, 1941 (55 Stat. 642), is amended in the second
sentence of subsection (a) in the matter under the heading ``lower
mississippi river'' by inserting before the period at the end the
following: ``; except that the Ouachita River Levees, Louisiana,
authorized by the first section of the Mississippi River Flood Control
Act of May 15, 1928 (45 Stat. 534), shall remain as a component of the
Mississippi River and Tributaries Project and afforded operation and
maintenance responsibilities as provided under section 3 of that Act (45
Stat. 535)''.
SEC. 3014. CACHE CREEK BASIN, CALIFORNIA.
(a) In General.--The project for flood control, Cache Creek Basin,
California, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4112), is modified to direct the
Secretary to mitigate the impacts of the new south levee of the Cache
Creek settling basin on the storm drainage system of the city of
Woodland, including all appurtenant features, erosion control measures,
and environmental protection features.
(b) Objectives.--Mitigation under subsection (a) shall restore the
preproject capacity of the city of Woodland to release 1,360 cubic feet
per second of water to the Yolo Bypass and shall include--
(1) channel improvements;
(2) an outlet work through the west levee of the Yolo
Bypass; and
(3) a new low flow cross channel to handle city and county
storm drainage and settling basin flows (1,760 cubic feet per
second) when the Yolo Bypass is in a low flow condition.
SEC. 3015. CALFED STABILITY PROGRAM, CALIFORNIA.
(a) Amendments.--Section 103(f)(3) of the Water Supply, Reliability,
and Environmental Improvement Act (118 Stat. 1695-1696) is amended--
(1) in subparagraph (A) by striking ``within the Delta (as
defined in Cal. Water Code Sec. 12220)'';
(2) by striking subparagraph (C) and inserting the
following:
``(C) Justification.--
``(i) In general.--Notwithstanding section 209
of the Flood Control Act of 1970 (42 U.S.C. 1962-
2), in carrying out levee stability programs and
projects pursuant to this paragraph, the Secretary
of the Army may determine that the programs and
projects are justified by the benefits of the
project purposes described in subparagraph (A),
and the programs and projects shall require no
additional economic justification if the Secretary
of the Army further determines that the programs
and projects are cost effective.
``(ii) Applicability.--Clause (i) shall not
apply to any separable element intended to produce
benefits that are predominantly unrelated to the
project purposes described in subparagraph (A).'';
and
(3) in subparagraph (D)(i) by inserting ``as described in
the Record of Decision'' after ``Public Law 84-99 standard)''.
(b) Additional Authorization of Appropriations.--In addition to
funds made available pursuant to the Water Supply, Reliability, and
Environmental Improvement Act (Public Law 108-361) to carry out section
103(f)(3)(D) of that Act (118 Stat. 1696),
[[Page 121 STAT. 1110]]
there is authorized to be appropriated to carry out projects described
in that section $106,000,000, to remain available until expended.
SEC. 3016. 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. 3017. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest for the
project before the date of the partnership agreement for the
project; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3018. 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. 3019. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 for such element before the date of an
agreement for such planning and design.
SEC. 3020. 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, in accordance with section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), 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
[[Page 121 STAT. 1111]]
non-Federal interest for the project before the date of the project
partnership agreement.
SEC. 3021. 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. 3022. 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 direct 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) if the detailed
project report evaluation indicates that applying such section is
necessary to implement the project.
SEC. 3023. MAGPIE CREEK, CALIFORNIA.
(a) In General.--The <<NOTE: Applicability.>> 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, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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
before the date of the partnership agreement for the project.
(c) Cost.--The maximum amount of Federal funds that may be expended
for the project referred to in subsection (a) shall be $10,000,000.
SEC. 3024. 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. 3025. PETALUMA RIVER, PETALUMA, CALIFORNIA.
The project for flood damage reduction, Petaluma River, Petaluma,
California, authorized by section 112 of the Water Resources Development
Act of 2000 (114 Stat. 2587), is modified to authorize the Secretary to
construct the project at a total cost of $41,500,000, with an estimated
Federal cost of $26,975,000 and an estimated non-Federal cost of
$14,525,000.
[[Page 121 STAT. 1112]]
SEC. 3026. 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, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project the cost of work carried
out by the non-Federal interest for the project before the date of the
partnership agreement for the project.
SEC. 3027. 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. 3028. REDWOOD CITY NAVIGATION CHANNEL, CALIFORNIA.
The Secretary may dredge the Redwood City Navigation Channel,
California, on an annual basis, to maintain the authorized depth of -30
feet mean lower low water.
SEC. 3029. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL,
CALIFORNIA.
(a) Natomas Levee Features.--
(1) In general.--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), is modified
to direct the Secretary to credit $20,503,000 to the Sacramento
Area Flood Control Agency for the nonreimbursed Federal share of
costs incurred by the Agency in connection with the project.
(2) Allocation of credit.--The Secretary shall allocate the
amount to be credited pursuant to paragraph (1) toward the non-
Federal share of such projects as are requested by the
Sacramento Area Flood Control Agency.
(b) Joint Federal Project at Folsom Dam.--
(1) 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) and modified by section 128 of the Energy and Water
Development Appropriations Act, 2006 (119 Stat. 2259), is
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 March 2007,
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.
(2) Dam safety.--Nothing in this subsection limits the
authority of the Secretary of the Interior to carry out dam
safety activities in connection with the auxiliary spillway in
[[Page 121 STAT. 1113]]
accordance with the Bureau of Reclamation safety of dams
program.
(3) Transfer of funds.--
(A) In general.--The Secretary and the Secretary of
the Interior are authorized to transfer between the
Department of the Army and the Department of the
Interior 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.
(B) Terms and conditions.--Any transfer made
pursuant to this subsection shall be subject to such
terms and conditions as may be agreed on by the
Secretary and the Secretary of the Interior.
SEC. 3030. 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, in accordance with section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), 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 before the date of the
partnership agreement for the project.
SEC. 3031. SACRAMENTO RIVER BANK PROTECTION, CALIFORNIA.
Section 202 of the River Basin Monetary Authorization Act of 1974
(88 Stat. 49) is amended by striking ``and the monetary authorization''
and all that follows through the period at the end and inserting ``;
except that the lineal feet in the second phase shall be increased from
405,000 lineal feet to 485,000 lineal feet.''.
SEC. 3032. SALTON SEA RESTORATION, CALIFORNIA.
(a) Definitions.--In this section, the following definitions apply:
(1) Salton sea authority.--The term ``Salton Sea Authority''
means the joint powers authority established under the laws of
the State by a joint power agreement signed on June 2, 1993.
(2) Salton sea science office.--The term ``Salton Sea
Science Office'' means the office established by the United
States Geological Survey and located on the date of enactment of
this Act in La Quinta, California.
(3) State.--The term ``State'' means the State of
California.
(b) Pilot Projects.--
(1) In general.--
(A) Review.--The Secretary shall review the plan
approved by the State, entitled the ``Salton Sea
Ecosystem Restoration Program Preferred Alternative
Report and Funding Plan'', and dated May 2007 to
determine whether the pilot projects described in the
plan are feasible.
(B) Implementation.--
(i) In general.--Subject to clause (ii), if
the Secretary determines that the pilot projects
referred to in subparagraph (A) meet the
requirements described in that subparagraph, the
Secretary may--
(I) enter into an agreement with the
State; and
[[Page 121 STAT. 1114]]
(II) in consultation with the Salton
Sea Authority and the Salton Sea Science
Office, carry out pilot projects for
improvement of the environment in the
area of the Salton Sea.
(ii) Requirement.--The Secretary shall be a
party to each contract for construction entered
into under this subparagraph.
(2) Local participation.--In prioritizing pilot projects
under this section, the Secretary shall--
(A) consult with the State, the Salton Sea
Authority, and the Salton Sea Science Office; and
(B) take into consideration the priorities of the
State and the Salton Sea Authority.
(3) <<NOTE: Contracts.>> Cost sharing.--Before carrying out
a pilot project under this section, the Secretary shall enter
into a written agreement with the State that requires the non-
Federal interest for the pilot project to pay 35 percent of the
total costs of the pilot project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $30,000,000, of which not more
than $5,000,000 shall be used for any one pilot project under this
section.
SEC. 3033. SANTA ANA RIVER MAINSTEM, CALIFORNIA.
The project for flood control, Santa Ana River Mainstem (including
Santiago Creek, California), 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 Appropriation Act, 1988
(101 Stat. 1329-111) and section 309 of the Water Resources Development
Act of 1996 (110 Stat. 3713), is further modified to authorize the
Secretary to carry out the project at a total cost of $1,800,000,000 and
to clarify that the Santa Ana River Interceptor Line is an element of
the project.
SEC. 3034. SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA.
The project for flood damage reduction, Santa Barbara streams, Lower
Mission Creek, California, authorized by section 101(b)(8) of the Water
Resources Development Act of 2000 (114 Stat. 2577), is modified to
authorize the Secretary to construct the project at a total cost of
$30,000,000, with an estimated Federal cost of $15,000,000 and an
estimated non-Federal cost of $15,000,000.
SEC. 3035. 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.
[[Page 121 STAT. 1115]]
SEC. 3036. 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
modified to direct the Secretary--
(1) to include ecosystem restoration benefits in the
calculation of benefits for the Seven Oaks Dam, California,
portion of the project; and
(2) <<NOTE: Study.>> to conduct a study of water
conservation and water quality at the Seven Oaks Dam.
SEC. 3037. 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 $256,000,000, with an estimated Federal cost of $136,700,000 and
an estimated non-Federal cost of $119,300,000.
SEC. 3038. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest for the
project before the date of the partnership agreement for the
project; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3039. 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, in accordance
with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the project the cost of work
carried out by the non-Federal interest for the project before the date
of the partnership agreement for the project.
SEC. 3040. 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, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-
[[Page 121 STAT. 1116]]
5b), toward the non-Federal share of the cost of the project the cost of
work carried out by the non-Federal interest for the project before the
date of the partnership agreement for the project and to authorize the
Secretary to consider national ecosystem restoration benefits in
determining the Federal interest in the project.
SEC. 3041. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest for the
project before the date of the partnership agreement for the
project.
SEC. 3042. 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. 3043. 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. 3044. ST. GEORGE'S BRIDGE, DELAWARE.
Section 102(g) of the Water Resources Development Act of 1990 (104
Stat. 4612) is amended by adding at the end the following:
``The <<NOTE: Deadline.>> Secretary shall assume ownership
responsibility for the replacement bridge not later than the date on
which the construction of the bridge is completed and the contractors
are released of their responsibility by the State. In addition, the
Secretary may not carry out any action to close or remove the St.
George's Bridge, Delaware, without specific congressional
authorization.''.
SEC. 3045. 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 to authorize the
Secretary to include the mid-reach as an element of the project from the
Florida department of environmental protection monuments 75.4 to 118.3,
a distance of approximately 7.6 miles. <<NOTE: Reports.>> The
restoration work shall only be undertaken upon a determination by the
Secretary, following completion of the general reevaluation report
authorized by section 418 of the Water Resources Development Act of 2000
(114 Stat. 2637), that the shoreline protection is feasible.
[[Page 121 STAT. 1117]]
(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 may
credit, in accordance with section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b), 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. 3046. 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 modified to direct the
Secretary to credit, in accordance with section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), 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 for the project before the date of the partnership agreement
for the project.
SEC. 3047. 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 if the
Secretary determines construction of the sediment trap is feasible.
SEC. 3048. 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 modified to direct the Secretary to credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the project the cost of work
carried out by the non-Federal interest for the project before the date
of the partnership agreement for the project.
SEC. 3049. 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, with an
estimated
[[Page 121 STAT. 1118]]
Federal cost of $30,550,000 and an estimated non-Federal cost of
$34,450,000.
(b) Construction of Shoreline Protection Projects by Non-Federal
Interests.--The <<NOTE: Contracts.>> 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. 3050. 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. 3051. PORT SUTTON, FLORIDA.
The project for navigation, Port Sutton, Florida, authorized by
section 101(b)(12) of the Water Resources Development Act of 2000 (114
Stat. 2577), is modified to authorize the Secretary to carry out the
project at a total cost of $12,900,000.
SEC. 3052. 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,
in accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), 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 the project before the date of the
partnership agreement for the project.
SEC. 3053. 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 Reevaluation 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. 3054. ALLATOONA LAKE, GEORGIA.
(a) Land Exchange.--
(1) In general.--The Secretary may exchange land 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 land
on the north side of Allatoona Lake that is required for
wildlife management and protection of the water quality and
overall environment of Allatoona Lake.
[[Page 121 STAT. 1119]]
(2) Terms and conditions.--The basis for all land exchanges
under this subsection shall be a fair market appraisal to ensure
that land exchanged is of equal value.
(b) Disposal and Acquisition of Land, Allatoona Lake, Georgia.--
(1) In general.--The Secretary may--
(A) sell land above 863 feet in elevation at
Allatoona Lake, Georgia, identified in the memorandum
referred to in subsection (a)(1); and
(B) use the proceeds of the sale, without further
appropriation, to pay costs associated with the purchase
of land required for wildlife management and protection
of the water quality and overall environment of
Allatoona Lake.
(2) Terms and conditions.--
(A) Willing sellers.--Land acquired under this
subsection shall be by negotiated purchase from willing
sellers only.
(B) Basis.--The basis for all transactions under
this subsection shall be a fair market value appraisal
acceptable to the Secretary.
(C) Sharing of costs.--Each purchaser of land under
this subsection shall share in the associated costs of
the purchase, including surveys and associated fees in
accordance with the memorandum referred to in subsection
(a)(1).
(D) Other conditions.--The Secretary may impose on
the sale and purchase of land under this subsection such
other conditions as the Secretary determines to be
appropriate.
(c) Repeal.--Section 325 of the Water Resources Development Act of
1992 (106 Stat. 4849) is repealed.
SEC. 3055. 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. 3056. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.
(a) In General.--The Secretary shall carry out additional general
construction measures to allow for operation at lower pool levels to
satisfy the recreation mission at Dworshak Dam, Idaho.
(b) Improvements.--In carrying out subsection (a), the Secretary
shall provide for appropriate improvements to--
(1) facilities that are operated by the Corps of Engineers;
and
(2) facilities that, as of the date of enactment of this
Act, are leased, permitted, or licensed for use by others.
(c) Cost Sharing.--The Secretary shall carry out this section
through a cost-sharing program with Idaho State parks and recreation
department at a total estimated project cost of $5,300,000.
Notwithstanding section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2313), the Federal share of such cost shall be 75
percent.
[[Page 121 STAT. 1120]]
SEC. 3057. LITTLE WOOD RIVER, GOODING, IDAHO.
(a) In General.--The project for flood control, Gooding, Idaho,
constructed under the emergency conservation work program established
under the Act of March 31, 1933 (16 U.S.C. 585 et seq.), is modified--
(1) to direct the Secretary to rehabilitate the Gooding
Channel project for the purposes of flood control and ecosystem
restoration if the Secretary determines that such rehabilitation
is not required as a result of improper operation and
maintenance of the project by the non-Federal interest and that
the rehabilitation and ecosystem restoration is feasible; and
(2) to direct the Secretary to plan, design, and construct
the project at a total cost of $9,000,000.
(b) Cost Sharing.--
(1) In general.--Costs for reconstruction of a project under
this section shall be shared by the Secretary and the non-
Federal interest in the same percentages as the costs of
construction of the original project were shared.
(2) Operation, maintenance, and repair costs.--The costs of
operation, maintenance, repair, and rehabilitation of a project
carried out under this section shall be a non-Federal
responsibility.
(c) Economic Justification.--Reconstruction efforts and activities
carried out under this section shall not require economic justification.
SEC. 3058. 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. 3059. 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. 3060. CHICAGO RIVER, ILLINOIS.
The Federal navigation channel for the North Branch Channel portion
of the Chicago River authorized by section 22 of the Act
[[Page 121 STAT. 1121]]
of March 3, 1899 (30 Stat. 1156), extending from 100 feet downstream of
the Halsted Street Bridge to 100 feet upstream of the Division Street
Bridge, Chicago, Illinois, shall be no wider than 66 feet.
SEC. 3061. 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 and
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 <<NOTE: Appropriation authorization.>> are authorized to be
appropriated such sums as may be necessary to carry out the Barrier II
element 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 aquatic pathways.
[[Page 121 STAT. 1122]]
SEC. 3062. 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 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. 3063. 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. 3064. 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 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).
(d) Post Construction Monitoring and Management.--Of the Federal
funds expended under subsection (b), not less than $500,000 shall remain
available for a period of 5 years after the date of completion of
construction of the modifications for use in carrying out post
construction monitoring and adaptive management.
SEC. 3065. CEDAR LAKE, INDIANA.
(a) In General.--The Secretary is authorized to plan, design, and
construct an aquatic ecosystem restoration project at Cedar Lake,
Indiana.
(b) Complete Feasibility Report.--In planning the project authorized
by subsection (a), the Secretary shall expedite completion of the
feasibility report for the project for aquatic ecosystem restoration and
protection, Cedar Lake, Indiana, initiated pursuant to section 206 of
the Water Resources Development Act 1996 (33 U.S.C. 2330).
(c) Authorization.--
(1) In general.--There is authorized to be appropriated
$11,050,000 to carry out the activities authorized by this
section.
(2) Other.--The Secretary is authorized to use funds
previously appropriated for the project for aquatic ecosystem
restoration and protection, Cedar Lake, Indiana, under section
[[Page 121 STAT. 1123]]
206 of the Water Resources Development Act 1996 (33 U.S.C. 2330)
to carry out the activities authorized by this section.
SEC. 3066. 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 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. 3067. 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), is modified--
(1) to authorize the Secretary to carry out the ecosystem
restoration, recreation, and flood damage reduction components
described in the Central Indianapolis Waterfront Concept Plan,
dated February 1994, and revised by the Master Plan Revision
Central Indianapolis Waterfront, dated April 2004, at a total
cost of $28,545,000; and
(2) to direct the Secretary to credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 the project before the date of the
partnership agreement for the project.
SEC. 3068. 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
authorize the Secretary to carry out ecosystem restoration, recreation,
and flood damage reduction components of the project, at a Federal cost
of $10,000,000.
SEC. 3069. PERRY CREEK, IOWA.
(a) In General.--On making a determination described in subsection
(b), the Secretary shall increase the Federal contribution by up to
$4,000,000 for the project for flood control, Perry Creek, Iowa,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4116) and modified by section 151 of the Energy and
Water Development Appropriations Act, 2004 (117 Stat. 1844).
(b) <<NOTE: Certification.>> Determination.--A determination
referred to in subsection (a) is a determination that a modification to
the project described in subsection (a) is necessary for the Federal
Emergency Management Agency to certify that the project provides flood
damage reduction benefits to at least a 100-year level of flood
protection.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000.
[[Page 121 STAT. 1124]]
SEC. 3070. 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 of 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. 3071. HICKMAN BLUFF STABILIZATION, KENTUCKY.
The project for Hickman Bluff, Kentucky, authorized by chapter II of
title II of the Emergency Supplemental Appropriations and Rescissions
for the Department of Defense to Preserve and Enhance Military Readiness
Act of 1995 (109 Stat. 85), is modified to authorize the Secretary to
repair and restore the project, at Federal expense, with no further
economic studies or analyses, at a total cost of not more than $250,000.
SEC. 3072. MCALPINE LOCK AND DAM, KENTUCKY AND INDIANA.
Section 101(a)(10) of the Water Resources Development Act of 1990
(104 Stat. 4606) is amended by striking ``$219,600,000'' each place it
appears and inserting ``$430,000,000''.
SEC. 3073. 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. 3074. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest for the
project before the date of the partnership agreement for the
project.
[[Page 121 STAT. 1125]]
SEC. 3075. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
(a) Acquisition of Additional Land.--The public access feature of
the project for flood control, Atchafalaya Basin Floodway System,
Louisiana, authorized by section 601(a) of the Water Resources
Development Act of 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 in the
Lower Atchafalaya Basin Floodway for such feature.
(b) Modification.--
(1) In general.--Subject to paragraph (2), effective
November 17, 1986, the $32,000,000 limitation on the maximum
Federal expenditure for the first costs of the public access
feature referred to in subsection (a) shall not apply.
(2) Cost.--The modification under paragraph (1) shall not
increase the total authorized cost of the project referred to in
subsection (a).
(c) Technical Amendment.--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 shall consider Eagle Point
Park, Jeanerette, Louisiana, and the town of Melville, Louisiana, as
site alternatives for such recreation features''.
SEC. 3076. ATCHAFALAYA BASIN FLOODWAY SYSTEM, REGIONAL VISITOR
CENTER, LOUISIANA.
(a) Project for Flood Control.--Notwithstanding paragraph (3) of the
report of the Chief of Engineers dated February 28, 1983 (relating to
recreational development in the Lower Atchafalaya Basin Floodway), the
Secretary shall carry out the project for flood control, Atchafalaya
Basin Floodway System, Louisiana, authorized by chapter IV of title I of
the Supplemental Appropriations Act, 1985 (99 Stat. 313) and section
601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142).
(b) Visitors Center.--
(1) In general.--The <<NOTE: Study.>> Secretary, in
consultation with the State of Louisiana, shall study, design,
and construct a type A regional visitors center in the vicinity
of Morgan City, Louisiana.
(2) Cost sharing.--
(A) Cost of type b visitors center.--The cost of
construction of the visitors center up to the cost of
construction of a type B visitors center shall be shared
in accordance with the recreation cost-sharing
requirement of section 103(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(c)).
(B) Cost of upgrading.--The non-Federal share of the
cost of upgrading the visitors center from a type B to
type A regional visitors center shall be 100 percent.
(C) Operation and maintenance.--The cost of
operation and maintenance of the visitors center shall
be a Federal responsibility.
(3) Donations.--In carrying out the project under this
subsection, the Mississippi River Commission may accept the
donation of cash or other funds, land, materials, and services
from any non-Federal government entity or nonprofit corporation,
as the Commission determines to be appropriate.
[[Page 121 STAT. 1126]]
SEC. 3077. ATCHAFALAYA RIVER AND BAYOUS CHENE, BOEUF, AND BLACK,
LOUISIANA.
The project for navigation, Atchafalaya River and Bayous Chene,
Boeuf, and Black, Louisiana, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731), is modified to authorize the
Secretary to deepen up to a 1000-foot section of the area on the Gulf
Intracoastal Waterway west of the Bayou Boeuf Lock and east of the
intersection of the Atchafalaya River, at a cost not to exceed $200,000,
to provide for ingress and egress to the port of Morgan City at a depth
not to exceed 20 feet.
SEC. 3078. 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, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal
share of the cost of the project the cost of work carried out by the
non-Federal interest for the project before the date of the partnership
agreement for the project.
SEC. 3079. CALCASIEU RIVER AND PASS, LOUISIANA.
The project for the Calcasieu River and Pass, Louisiana, authorized
by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is
modified to authorize the Secretary to provide $3,000,000 for each
fiscal year, in a total amount of $15,000,000, for such rock bank
protection of the Calcasieu River from mile 5 to mile 16 as the
Secretary determines to be advisable to reduce maintenance dredging
needs and facilitate protection of disposal areas for the Calcasieu
River and Pass, Louisiana, if the Secretary determines that the rock
bank protection is feasible.
SEC. 3080. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, 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. 2604), is modified--
(1) to authorize the Secretary to carry out the project at a
total cost of $33,912,000;
(2) to authorize the purchase and reforestation of lands
that have been cleared or converted to agricultural uses (in
addition to the purchase of bottomland hardwood); and
(3) to incorporate wildlife and forestry management
practices to improve species diversity on mitigation land that
meets habitat goals and objectives of the United States and the
State of Louisiana.
SEC. 3081. 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
[[Page 121 STAT. 1127]]
Resources Development Act of 1996 (110 Stat. 3739), is modified to
direct the Secretary to credit, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal
share of the cost of the project the costs of relocating oyster beds in
the Davis Pond project area.
SEC. 3082. MISSISSIPPI RIVER-GULF OUTLET RELOCATION ASSISTANCE,
LOUISIANA.
(a) Port Facilities Relocation.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to the Assistant Secretary for Economic
Development (referred to in this section as the ``Assistant
Secretary'') $75,000,000, to remain available until expended, to
support the relocation of Port of New Orleans deep draft
facilities from the Mississippi River-Gulf Outlet (referred to
in this section as the ``Outlet''), the Gulf Intracoastal
Waterway, and the Inner Harbor Navigation Canal to the
Mississippi River.
(2) Administration.--
(A) In general.--Amounts appropriated pursuant to
paragraph (1) shall be administered by the Assistant
Secretary pursuant to sections 209(c)(2) and 703 of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3149(c)(2), 3233).
(B) Requirement.--The Assistant Secretary shall make
amounts appropriated pursuant to paragraph (1) available
to the Port of New Orleans to relocate to the
Mississippi River within the State of Louisiana the
port-owned facilities that are occupied by businesses in
the vicinity that may be impacted due to the treatment
of the Outlet under title VII of this Act.
(b) <<NOTE: Appropriation authorization.>> Revolving Loan Fund
Grants.--There is authorized to be appropriated to the Assistant
Secretary $85,000,000, to remain available until expended, to provide
assistance pursuant to sections 209(c)(2) and 703 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2), 3233) to one
or more eligible recipients under such Act to establish revolving loan
funds to make loans for terms up to 20 years at or below market interest
rates (including interest-free loans) to private businesses within the
Port of New Orleans that may need to relocate to the Mississippi River
within the State of Louisiana due to the treatment of the Outlet under
title VII of this Act.
(c) Requirements.--In selecting one or more recipients under
subsection (b), the Assistant Secretary shall ensure that each recipient
has established procedures to target lending to businesses that will be
directly and substantially impacted by the treatment of the Mississippi
River-Gulf Outlet under title VII of this Act.
(d) Coordination With Secretary.--The Assistant Secretary shall
ensure that the programs described in subsections (a) and (b) are
coordinated with the Secretary to ensure that facilities are relocated
in a manner that is consistent with the analysis and design of
comprehensive hurricane protection authorized by title I of the Energy
and Water Development Appropriations Act, 2006 (119 Stat. 2247).
(e) Administrative Expenses.--The Assistant Secretary may use up to
2 percent of the amounts made available under subsections (a) and (b)
for administrative expenses.
[[Page 121 STAT. 1128]]
SEC. 3083. VIOLET, LOUISIANA.
(a) Violet Diversion Project.--The Secretary shall design and
implement a project for a diversion of freshwater at or near Violet,
Louisiana, for the purposes of reducing salinity in the western
Mississippi Sound, enhancing oyster production, and promoting the
sustainability of coastal wetlands.
(b) Salinity Levels.--The project shall be designed to meet, or
maximize the ability to meet, the salinity levels identified in the
feasibility study of the Corps of Engineers entitled ``Mississippi and
Louisiana Estuarine Areas: Freshwater Diversion to Lake Pontchartrain
Basin and Mississippi Sound'' and dated 1984.
(c) Additional Measures.--
(1) Recommendations.--If the Secretary determines that the
diversion of freshwater at or near Violet, Louisiana, will not
restore salinity levels to meet the requirements of subsection
(b), the Secretary shall recommend additional measures for
freshwater diversions sufficient to meet those levels.
(2) Implementation.--The <<NOTE: Effective
date. Reports.>> Secretary shall implement measures included in
the recommendations developed under paragraph (1) beginning 60
days after the date on which a report containing the
recommendations is provided to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(d) Non-Federal Financing Requirements.--
(1) Estimates.--
Before <<NOTE: Deadline. Notification. Mississippi.>> October 1
of each fiscal year, the Secretary shall notify the States of
Louisiana and Mississippi of each State's respective estimated
costs for that fiscal year for the activities authorized under
this section.
(2) Escrow.--The States of Louisiana and Mississippi shall
provide the funds described in paragraph (1) by making a deposit
into an escrow account, or such other account, of the Treasury
as the Secretary determines to be acceptable within 30 days
after the date of receipt of the notification from the Secretary
under paragraph (1).
(3) Deposits by louisiana.--
(A) Use of certain funds.--The State of Louisiana
may use funds available to the State under the coastal
impact assistance program authorized under section 31 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1356a)
in meeting its cost-sharing responsibilities under this
section.
(B) Failure to provide funds.--
(i) In general.--If the State of Louisiana
does not provide the funds under paragraph (2),
the Secretary of the Interior, using funds to be
disbursed to the State under the program referred
to in subparagraph (A) or under the Gulf of Mexico
Energy Security Act of 2006 (title I of Division C
of Public Law 109-432; (43 U.S.C. 1331 note; 120
Stat. 3000)), shall deposit such funds as are
necessary to meet the requirements for the State
under paragraph (2).
(ii) Deadline for deposit.--Any deposit
required under clause (i) shall be made prior to
any other disbursements made to the State of
Louisiana under the programs referred to in clause
(i).
[[Page 121 STAT. 1129]]
(C) Exception.--The State of Louisiana shall not be
required to make a deposit of its share in any fiscal
year in which the State of Mississippi does not make its
deposit following a notification under paragraph (1) or
the State of Mississippi notifies the Secretary that it
does not intend to make a deposit in that fiscal year.
(4) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project for
the costs of design work carried out by the non-Federal interest
for the project before the date of the partnership agreement for
the project.
(5) Federal share.--The Federal share of the cost of the
project authorized by subsection (a) shall be 75 percent.
(e) Schedule.--
(1) In general.--Subject <<NOTE: Deadlines.>> to the
availability of appropriations, the Secretary shall complete the
design of the project not later than 2 years after the date of
enactment of this Act and shall complete the construction of the
project by not later than September 30, 2012.
(2) Missed deadline.--If the Secretary does not complete the
design or construction of the project in accordance with
paragraph (1), the Secretary shall complete the design or
construction as expeditiously as possible.
SEC. 3084. 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. 3085. 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. 3086. CUMBERLAND, MARYLAND.
Section 580(a) of the Water Resources Development Act of 1999 (113
Stat. 375) is amended--
(1) by striking ``$15,000,000'' and inserting
``$25,750,000'';
(2) by striking ``$9,750,000'' and inserting
``$16,738,000''; and
(3) by striking ``$5,250,000'' and inserting ``$9,012,000''.
SEC. 3087. POPLAR ISLAND, MARYLAND.
The project for navigation and environmental restoration through the
beneficial use of dredged material, Poplar Island, Maryland, authorized
by section 537 of the Water Resources Development
[[Page 121 STAT. 1130]]
Act of 1996 (110 Stat. 3776) and modified by section 318 of the Water
Resources Development Act of 2000 (114 Stat. 2604), is modified to
authorize the Secretary to construct the expansion of the project in
accordance with the report of the Chief of Engineers dated March 31,
2006, at an additional total cost of $260,000,000, with an estimated
Federal cost of $195,000,000 and an estimated non-Federal cost of
$65,000,000.
SEC. 3088. 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. 3089. 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 2007.
``(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
Government, State and local governments, and other
involved parties in the management of the St. Clair
River and Lake St. Clair watersheds; and
``(B) to 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;
[[Page 121 STAT. 1131]]
``(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
Federal share of the cost of 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) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.''.
SEC. 3090. 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. 3091. 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).
(3) Section 330 of the Water Resources Development Act of
1999 (113 Stat. 305).
SEC. 3092. ADA, MINNESOTA.
In carrying out the project for flood damage reduction, Wild Rice
River, Ada, Minnesota, under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), the Secretary shall allow the non-
[[Page 121 STAT. 1132]]
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) if the detailed project report evaluation
indicates that applying such section is necessary to implement the
project.
SEC. 3093. 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 modified to
direct 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 credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project for the costs of design
work carried out by the non-Federal interest for the project before the
date of the partnership agreement for 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. 3094. 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 credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project the cost of design work
carried out for the project before the date of the partnership agreement
for the project.
SEC. 3095. GRAND PORTAGE HARBOR, MINNESOTA.
The Secretary shall provide credit in accordance with section 221 of
the Flood Control Act (42 U.S.C. 1962d-5b) 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 for the
project before the date of the partnership agreement for the project.
SEC. 3096. GRANITE FALLS, MINNESOTA.
(a) In General.--The Secretary is directed to implement the locally
preferred plan for flood damage reduction, Granite Falls, Minnesota, 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. In carrying
out the project, the Secretary shall utilize, to the extent practicable,
the existing detailed project report dated 2002 for the project prepared
under the authority of section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
(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) if the detailed project report evaluation
[[Page 121 STAT. 1133]]
indicates that applying such section is necessary to implement the
project.
(c) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the project the cost of design and construction
work carried out by the non-Federal interest for the project before the
date of execution of a partnership agreement for 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. 3097. 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. 3098. 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. 3099. 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. 3100. 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. 3101. TWO HARBORS, MINNESOTA.
(a) In General.--Notwithstanding the requirements of section 107(a)
of the River and Harbor Act of 1960 (33 U.S.C. 577(a)), the project for
navigation, Two Harbors, Minnesota, being carried out under such
authority, is justified on the basis of navigation safety.
(b) Maximum Federal Expenditures.--The maximum amount of Federal
funds that may be expended for the project shall be $7,000,000.
SEC. 3102. 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, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C.
[[Page 121 STAT. 1134]]
1962d-5b), any portion of the non-Federal share of the cost of the
project in the form of in-kind services and materials.
SEC. 3103. JACKSON COUNTY, MISSISSIPPI.
(a) Modification.--Section 331 of the Water Resources Development
Act of 1999 (113 Stat. 305) is amended by striking ``$5,000,000'' and
inserting ``$9,000,000''.
(b) Applicability of Credit.--The credit provided by section 331 of
the Water Resources Development Act of 1999 (113 Stat. 305) (as amended
by subsection (a) of this section) shall apply to costs incurred by the
Jackson County Board of Supervisors during the period beginning on
February 8, 1994, and ending on the date of enactment of this Act for
projects authorized by section 219(c)(5) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat.
1494).
SEC. 3104. PEARL RIVER BASIN, MISSISSIPPI.
(a) In General.--The project for flood damage reduction, Pearl River
Basin, including Shoccoe, Mississippi, authorized by section 401(e)(3)
of the Water Resources Development Act of 1986 (100 Stat. 4132), is
modified to authorize the Secretary, subject to subsection (c), to
construct the project generally in accordance with the plan described in
the ``Pearl River Watershed, Mississippi, Feasibility Study Main Report,
Preliminary Draft'', dated February 2007, at a total cost of
$205,800,000, with an estimated Federal cost of $133,770,000 and an
estimated non-Federal cost of $72,030,000.
(b) Comparison of Alternatives.--Before initiating construction of
the project, the Secretary shall compare the level of flood damage
reduction provided by the plan that maximizes national economic
development benefits of the project and the locally preferred plan,
referred to as the LeFleur Lakes plan, to that portion of Jackson,
Mississippi and vicinity, located below the Ross Barnett Reservoir Dam.
(c) Implementation of Plan.--
(1) In general.--If the Secretary determines under
subsection (b) 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 that the locally preferred plan is
environmentally acceptable and technically feasible, the
Secretary may construct the project identified as the national
economic development plan, or the locally preferred plan, or
some combination thereof.
(2) Construction by non-federal interests.--The non-Federal
interest may carry out the project under section 211 of the
Water Resources Development Act of 1996 (33 U.S.C. 701b-13).
(d) 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) if the detailed project report evaluation indicates that applying
such section is necessary to implement the project.
(e) Non-Federal Cost Share.--If the locally preferred plan is
selected for construction of the project, the Federal share of the cost
of the project shall be limited to the share as provided
[[Page 121 STAT. 1135]]
by law for the elements of the national economic development plan.
SEC. 3105. 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
``$13,000,000''.
SEC. 3106. 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. 3107. 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, in accordance with section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), 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 for the project before the
date of the partnership agreement for the project.
SEC. 3108. 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, in accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of work carried out by the non-
Federal interest for the project before the date of the partnership
agreement for the project.
SEC. 3109. LOWER YELLOWSTONE PROJECT, MONTANA.
The Secretary may use funds appropriated to carry out the Missouri
River recovery and mitigation program to assist the Bureau of
Reclamation in the design and construction of the Lower Yellowstone
project of the Bureau, Intake, Montana, for the purpose of ecosystem
restoration.
SEC. 3110. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND NORTH
DAKOTA.
(a) Definition of Restoration Project.--In this section, the term
``restoration project'' means a project that will produce, in accordance
with other Federal programs, projects, and activities, substantial
ecosystem restoration and related benefits, as determined by the
Secretary.
(b) Projects.--The Secretary shall carry out, in accordance with
other Federal programs, projects, and activities, restoration projects
in the watershed of the Yellowstone River and tributaries in Montana,
and in North Dakota, to produce immediate and substantial ecosystem
restoration and recreation benefits.
[[Page 121 STAT. 1136]]
(c) Local Participation.--In carrying out subsection (b), the
Secretary shall--
(1) consult with, and consider the activities being carried
out by--
(A) other Federal agencies;
(B) Indian tribes;
(C) conservation districts; and
(D) the Yellowstone River Conservation District
Council; and
(2) seek the participation of the State of Montana.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 3111. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 before the date of the
partnership agreement for 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 the Federal agency that
provides such funds determines that the funds are authorized to
be used to carry out the project.
SEC. 3112. 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 credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project or
reimbursement for the costs of any work performed by the non-
Federal interest for the project before 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;
(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. 3113. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.
The project for ecosystem restoration and flood damage reduction,
Western Sarpy and Clear Creek, Nebraska, 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.
[[Page 121 STAT. 1137]]
SEC. 3114. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.
The maximum amount of Federal funds that may be expended for the
project being carried out, as of the date of enactment of this Act,
under section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) for environmental restoration of McCarran Ranch, Nevada,
shall be $5,775,000.
SEC. 3115. 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. 3116. 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
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. 3117. COOPERATIVE AGREEMENTS, NEW MEXICO.
The Secretary may enter into cooperative agreements with any Indian
tribe any land of which is located in the State of New Mexico and
occupied by a flood control project that is owned and operated by the
Corps of Engineers to assist in carrying out any operation or
maintenance activity associated with the flood control project.
SEC. 3118. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.
(a) Restoration Projects Defined.--In this section, the term
``restoration project'' means a project that will produce, consistent
with other Federal programs, projects, and activities, immediate and
substantial ecosystem restoration and recreation benefits.
(b) Project Selection.--The Secretary shall select and shall carry
out restoration projects in the Middle Rio Grande from Cochiti Dam to
the headwaters of Elephant Butte Reservoir in the State of New Mexico.
(c) Local Participation.--In carrying out subsection (b), the
Secretary shall consult with, and consider the activities being carried
out by--
(1) the Middle Rio Grande Endangered Species Act
Collaborative Program; and
(2) the Bosque Improvement Group of the Middle Rio Grande
Bosque Initiative.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this section.
[[Page 121 STAT. 1138]]
SEC. 3119. 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. 3120. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND
CONNECTICUT.
(a) In General.--The <<NOTE: Plans.>> Secretary shall plan, design,
and construct projects to increase aquatic habitats within Long Island
Sound and adjacent waters, including the construction and restoration of
oyster beds and related shellfish habitat.
(b) Cost Sharing.--The non-Federal share of the cost of activities
carried out under this section shall be 25 percent and may be provided
through in-kind services and materials.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this section.
SEC. 3121. MAMARONECK AND SHELDRAKE RIVERS WATERSHED MANAGEMENT,
NEW YORK.
(a) Watershed Management Plan Development.--
(1) In general.--The Secretary, in consultation with the
State of New York and local entities, shall develop watershed
management plans for the Mamaroneck and Sheldrake River
watershed for the purposes of evaluating existing and new flood
damage reduction and ecosystem restoration.
(2) Existing plans.--In developing the watershed management
plans, the Secretary shall use existing studies and plans, as
appropriate.
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in any
eligible critical restoration project in the Mamaroneck and
Sheldrake Rivers watershed in accordance with the watershed
management plans developed under subsection (a).
(2) Eligible projects.--A critical restoration project shall
be eligible for assistance under this section if the project--
(A) meets the purposes described in the watershed
management plans developed under subsection (a); and
(B) with respect to the Mamaroneck and Sheldrake
Rivers watershed in New York, consists of flood damage
reduction or ecosystem restoration through--
(i) bank stabilization of the mainstem,
tributaries, and streams;
(ii) wetland restoration;
(iii) soil and water conservation;
(iv) restoration of natural flows;
(v) restoration of stream stability;
(vi) structural and nonstructural flood damage
reduction measures; or
(vii) any other project or activity the
Secretary determines to be appropriate.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into one or more cooperative agreements to provide
financial assistance to appropriate Federal, State, or local governments
or nonprofit agencies, including assistance for the implementation of
projects to be carried out under subsection (b).
[[Page 121 STAT. 1139]]
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000, to remain available
until expended.
SEC. 3122. 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. 3123. 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) <<NOTE: List. Deadline.>> 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of construction of the temporary storage facility for the
project.
SEC. 3124. 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. 3125. SUSQUEHANNA RIVER AND UPPER DELAWARE RIVER WATERSHED
MANAGEMENT, NEW YORK.
(a) Watershed Management Plan Development.--
(1) In general.--The Secretary, in consultation with the
State of New York, the Delaware or Susquehanna River Basin
Commission, as appropriate, and local entities, shall develop
watershed management plans for the Susquehanna River watershed
in New York State and the Upper Delaware River watershed for the
purposes of evaluating existing and new flood damage reduction
and ecosystem restoration.
(2) Existing plans.--In developing the watershed management
plans, the Secretary shall use existing studies and plans, as
appropriate.
[[Page 121 STAT. 1140]]
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in any
eligible critical restoration project in the Susquehanna River
or Upper Delaware Rivers in accordance with the watershed
management plans developed under subsection (a).
(2) Eligible projects.--A critical restoration project shall
be eligible for assistance under this section if the project--
(A) meets the purposes described in the watershed
management plans developed under subsection (a); and
(B) with respect to the Susquehanna River or Upper
Delaware River watershed in New York, consists of flood
damage reduction or ecosystem restoration through--
(i) bank stabilization of the mainstem,
tributaries, and streams;
(ii) wetland restoration;
(iii) soil and water conservation;
(iv) restoration of natural flows;
(v) restoration of stream stability;
(vi) structural and nonstructural flood damage
reduction measures; or
(vii) any other project or activity the
Secretary determines to be appropriate.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into 1 or more cooperative agreements to provide
financial assistance to appropriate Federal, State, or local governments
or nonprofit agencies, including assistance for the implementation of
projects to be carried out under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000, to remain available
until expended.
SEC. 3126. MISSOURI RIVER RESTORATION, NORTH DAKOTA.
Section 707(a) of the Water Resources Development Act of 2000 (114
Stat. 2699) is amended in the first sentence by striking ``$5,000,000''
and all that follows through ``2005'' and inserting ``$25,000,000''.
SEC. 3127. WAHPETON, NORTH DAKOTA.
The maximum amount of Federal funds that may be allotted for the
project for flood damage reduction, Wahpeton, North Dakota, being
carried out under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), shall be $12,000,000.
SEC. 3128. OHIO.
Section 594 of the Water Resources Development Act of 1999 (113
Stat. 381) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--In accordance with 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, with the consent of the affected local government.''.
[[Page 121 STAT. 1141]]
SEC. 3129. LOWER GIRARD LAKE DAM, GIRARD, OHIO.
Section 507 of the Water Resources Development Act of 1996 (110
Stat. 3758) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary'';
(2) in paragraph (1) of subsection (a) (as designated by
paragraph (1) of this subsection)--
(A) by striking ``Repair and rehabilitation'' and
all that follows through ``Ohio'' and inserting
``Correction of structural deficiencies of the Lower
Girard Lake Dam, Girard, Ohio, and the appurtenant
features to meet the dam safety standards of the State
of Ohio''; and
(B) by striking ``$2,500,000'' and inserting
``$16,000,000''; and
(3) by adding at the end the following:
``(b) Special Rules.--The project for Lower Girard Lake Dam, Girard,
Ohio, authorized by subsection (a)(1) is justified on the basis of
public safety.''.
SEC. 3130. 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, in accordance
with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the project the cost of work
carried out by the non-Federal interest for the project before the date
of the partnership agreement for the project.
SEC. 3131. ARCADIA LAKE, OKLAHOMA.
Payments made by the city of Edmond, Oklahoma, to the Secretary in
October 1999 of all costs associated with present and future water
storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water
Storage Contract Number DACW56-79-C-0072 shall satisfy the obligations
of the city under that contract.
SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
(a) In General.--The Secretary is authorized to participate in the
ecosystem restoration, recreation, and flood damage reduction components
of the Arkansas River Corridor Master Plan dated October 2005. The
Secretary shall coordinate with appropriate representatives in the
vicinity of Tulsa, Oklahoma, including representatives of Tulsa County
and surrounding communities and the Indian Nations Council of
Governments.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 to carry out this section.
SEC. 3133. LAKE EUFAULA, OKLAHOMA.
(a) Project Goal.--
(1) In general.--The goal for operation of Lake Eufaula,
Oklahoma, shall be to maximize the use of available storage in a
balanced approach that incorporates advice from representatives
from all the project purposes to ensure that the full value of
the reservoir is realized by the United States.
(2) Recognition of purpose.--To achieve the goal described
in paragraph (1), recreation is recognized as a project purpose
at Lake Eufaula, pursuant to section 4 of the Flood Control Act
of December 22, 1944 (58 Stat. 889).
(b) Lake Eufaula Advisory Committee.--
[[Page 121 STAT. 1142]]
(1) In general.--In <<NOTE: Establishment.>> accordance with
the Federal Advisory Committee Act (5 U.S.C. App.), the
Secretary shall establish an advisory committee for the Lake
Eufaula, Canadian River, Oklahoma project authorized by the
first section of the River and Harbor Act of July 24, 1946 (60
Stat. 635).
(2) Purpose.--The purpose of the committee shall be advisory
only.
(3) Duties.--The <<NOTE: Recommenda- tions.>> committee
shall provide information and recommendations to the Corps of
Engineers regarding the operations of Lake Eufaula for the
project purposes for Lake Eufaula.
(4) Composition.--The Committee shall be composed of members
that equally represent the project purposes for Lake Eufaula.
(c) Reallocation Study.--
(1) In general.--Subject to the appropriation of funds, the
Secretary shall perform a reallocation study, at Federal
expense, to develop and present recommendations concerning the
best value, while minimizing ecological damages, for current and
future use of the Lake Eufaula storage capacity for the
authorized project purposes of flood control, water supply,
hydroelectric power, navigation, fish and wildlife, and
recreation.
(2) Factors for consideration.--The reallocation study shall
take into consideration the recommendations of the Lake Eufaula
Advisory Committee.
(d) Pool Management Plan.--
(1) In general.--Not <<NOTE: Deadline.>> later than one year
after the date of enactment of this Act, to the extent feasible
within available project funds and subject to the completion and
approval of the reallocation study under subsection (c), the
Tulsa district engineer, taking into consideration
recommendations of the Lake Eufaula Advisory Committee, shall
develop an interim management plan that accommodates all project
purposes for Lake Eufaula.
(2) Modifications.--A modification of the plan under
paragraph (1) shall not cause significant adverse impacts on any
existing permit, lease, license, contract, public law, or
project purpose, including flood control operation, relating to
Lake Eufaula.
SEC. 3134. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.
(a) Implementation of Program.--Not <<NOTE: Deadline.>> later than
one year after the date of enactment of this Act, the Secretary shall
implement an innovative program at the lakes located primarily in the
State of Oklahoma that are a part of an authorized civil works project
under the administrative jurisdiction of the Corps of Engineers for the
purpose of demonstrating the benefits of enhanced recreation facilities
and activities at those lakes.
(b) Requirements.--In implementing the program under subsection (a),
the Secretary, consistent with authorized project purposes, shall--
(1) pursue strategies that will enhance, to the maximum
extent practicable, recreation experiences at the lakes included
in the program;
[[Page 121 STAT. 1143]]
(2) use creative management strategies that optimize
recreational activities; and
(3) ensure continued public access to recreation areas
located on or associated with the civil works project.
(c) Guidelines.--Not <<NOTE: Deadline.>> later than 180 days after
the date of enactment of this Act, the Secretary shall issue guidelines
for the implementation of this section, to be developed in coordination
with the State of Oklahoma.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, 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 a report describing the results of the program
under subsection (a).
(2) Inclusions.--The report under paragraph (1) shall
include a description of the projects undertaken under the
program, including--
(A) an estimate of the change in any related
recreational opportunities;
(B) a description of any leases entered into,
including the parties involved; and
(C) the financial conditions that the Corps of
Engineers used to justify those leases.
(3) Availability to public.--The Secretary shall make the
report available to the public in electronic and written
formats.
(e) Termination.--The authority provided by this section shall
terminate on the date that is 10 years after the date of enactment of
this Act.
SEC. 3135. OTTAWA COUNTY, OKLAHOMA.
(a) In General.--There is authorized to be appropriated $30,000,000
for the purposes set forth in subsection (b).
(b) Purposes.--Notwithstanding any other provision of law, funds
appropriated under subsection (a) may be used for the purpose of--
(1) the buyout of properties and permanently relocating
residents and businesses in or near Picher, Cardin, and
Hockerville, Oklahoma, from areas determined by the State of
Oklahoma to be at risk of damage caused by land subsidence and
remaining properties; and
(2) providing funding to the State of Oklahoma to buyout
properties and permanently relocate residents and businesses of
Picher, Cardin, and Hockerville, Oklahoma, from areas determined
by the State of Oklahoma to be at risk of damage caused by land
subsidence and remaining properties.
(c) Limitation.--The use of funds in accordance with subsection (b)
shall not be considered to be part of a federally assisted program or
project for purposes of Public Law 91-646 (42 U.S.C. 4601 et seq.),
consistent with section 2301 of Public Law 109-234 (120 Stat. 455).
(d) Consistency With State Program.--Any actions taken under
subsection (b) shall be consistent with the relocation program in the
State of Oklahoma under 27A O.S. Supp. 2006, sections 2201 et seq.
[[Page 121 STAT. 1144]]
(e) Consideration of Remedial Action.--The Administrator of the
Environmental Protection Agency shall consider, without delay, a
remedial action under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the
Tar Creek, Oklahoma, National Priorities List site that includes
permanent relocation of residents consistent with the program currently
being administered by the State of Oklahoma. Such relocation shall not
be subject to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(f) Estimating Costs.--In estimating and comparing the cost of a
remedial alternative for the Tar Creek Oklahoma, National Priorities
List site that includes the permanent relocation of residents, the
Administrator shall not include the cost of compliance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.).
(g) Effect of Certain Remedies.--Inclusion of subsidence remedies,
such as permanent relocation within any remedial action, shall not
preempt, alter, or delay the right of any sovereign entity, including
any State or tribal government, to seek remedies, including abatement,
for land subsidence and subsidence risks under State law.
(h) Amendment.--Section 111 of Public Law 108-137 (117 Stat. 1835)
is amended--
(1) by adding at the end of subsection (a) the following:
``Such activities also may include the provision of financial
assistance to facilitate the buy out of properties located in
areas identified by the State as areas that are or will be at
risk of damage caused by land subsidence and associated
properties otherwise identified by the State. Any buyout of such
properties shall not be considered to be part of a federally
assisted program or project for purposes of Public Law 91-646
(42 U.S.C. 4601 et seq.), consistent with section 2301 of Public
Law 109-234 (120 Stat. 455-456).''; and
(2) by striking the first sentence of subsection (d) and
inserting the following: ``Non-Federal interests shall be
responsible for operating and maintaining any restoration
alternatives constructed or carried out pursuant to this
section.''.
SEC. 3136. RED RIVER CHLORIDE CONTROL, OKLAHOMA AND TEXAS.
The project for water quality control in the Arkansas and Red River
Basin, Texas, Oklahoma, and Kansas, authorized by section 203 of the
Flood Control Act of 1966 (80 Stat. 1420) and modified by section
1107(a) of the Water Resources Development A of 1986 (100 Stat. 4229) is
further modified to direct the Secretary to provide operation and
maintenance for the Red River Chloride Control project, Oklahoma and
Texas, at Federal expense.
SEC. 3137. WAURIKA LAKE, OKLAHOMA.
The remaining obligation of the Waurika Project Master Conservancy
District payable to the United States Government in the amounts, rates
of interest, and payment schedules--
(1) is set at the amounts, rates of interest, and payment
schedules that existed on June 3, 1986, with respect to the
project for Waurika Lake, Oklahoma; and
(2) may not be adjusted, altered, or changed without a
specific, separate, and written agreement between the District
and the United States.
[[Page 121 STAT. 1145]]
SEC. 3138. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION,
OREGON.
(a) In General.--The <<NOTE: Study.>> Secretary shall conduct
studies and ecosystem restoration projects for the upper Willamette
River watershed from Albany, Oregon, to the headwaters of the Willamette
River and tributaries.
(b) Consultation.--The Secretary shall carry out ecosystem
restoration projects under this section for the Upper Willamette River
watershed in consultation with the Governor of the State of Oregon, the
heads of appropriate Indian tribes, the Environmental Protection Agency,
the United States Fish and Wildlife Service, the National Marine
Fisheries Service, the Bureau of Land Management, the Forest Service,
and local entities.
(c) Authorized Activities.--In carrying out ecosystem restoration
projects under this section, the Secretary shall undertake activities
necessary to protect, monitor, and restore fish and wildlife habitat.
(d) Priority.--In carrying out this section, the Secretary shall
give priority to a project to restore the millrace in Eugene, Oregon,
and shall include noneconomic benefits associated with the historical
significance of the millrace and associated with preservation and
enhancement of resources in evaluating the benefits of the project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 3139. 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. 3140. 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. 3141. 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, in
accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b), 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 for the project before the date of the partnership agreement
for the project.
SEC. 3142. 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.
[[Page 121 STAT. 1146]]
SEC. 3143. 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. 3144. 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. 3145. NARRAGANSETT BAY, RHODE ISLAND.
The Secretary may use amounts in the Environmental Restoration
Account, Formerly Used Defense Sites, under section 2703(a)(5) of title
10, United States Code, for the removal of abandoned marine camels at
any formerly used defense site under the jurisdiction of the Department
of Defense that is undergoing (or is scheduled to undergo) environmental
remediation under chapter 160 of title 10, United States Code (and other
provisions of law), in Narragansett Bay, Rhode Island, in accordance
with the Corps of Engineers prioritization process under the Formerly
Used Defense Sites program.
SEC. 3146. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.
(a) Membership.--Section 904(b)(1)(B) of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended--
(1) in clause (vii) by striking ``and'' at the end;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) rural water systems; and''.
(b) Reauthorization.--Section 907(a) of such Act (114 Stat. 2712) is
amended in the first sentence by striking ``2005'' and inserting
``2010''.
SEC. 3147. 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, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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 before the date
of the partnership agreement for 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).
[[Page 121 STAT. 1147]]
(c) Project for Navigation.--Section 349(a)(2) of the Water
Resources Development Act of 2000 (114 Stat. 2632) is amended by
striking ``12 feet deep by 125 feet wide'' and inserting ``that is 10
feet deep by 100 feet wide''.
SEC. 3148. FREEPORT HARBOR, TEXAS.
(a) In General.--The project for navigation, Freeport Harbor, Texas,
authorized by section 101 of the River and Harbor Act of 1970 (84 Stat.
1818), is modified to provide that--
(1) all project costs incurred as a result of the discovery
of the sunken vessel COMSTOCK of the Corps of Engineers are a
Federal responsibility; and
(2) the Secretary shall not seek further obligation or
responsibility for removal of the vessel COMSTOCK, or costs
associated with a delay due to the discovery of the sunken
vessel COMSTOCK, from the Port of Freeport.
(b) Cost Sharing.--This section does not affect the authorized cost
sharing for the balance of the project described in subsection (a).
SEC. 3149. LAKE KEMP, TEXAS.
(a) In General.--The <<NOTE: Effective date.>> 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. 3150. 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 is
feasible;
(2) to direct the Secretary to credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 the project before the date of the
partnership agreement for the project; and
(3) <<NOTE: Determination. Deadline.>> 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
[[Page 121 STAT. 1148]]
1986 (33 U.S.C. 2213(m)) on the non-Federal interest's ability
to pay.
SEC. 3151. 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. 3152. 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. 3153. 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. 3154. 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
modified to authorize the Secretary to credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
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.
SEC. 3155. CONNECTICUT RIVER RESTORATION, VERMONT.
Notwithstanding section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), as in effect on August 5, 2005, with respect to the
study entitled ``Connecticut River Restoration Authority'', dated May
23, 2001, a nonprofit entity may act as the non-Federal interest for
purposes of carrying out the activities described in the agreement
executed between The Nature Conservancy and the Department of the Army
on August 5, 2005.
SEC. 3156. DAM REMEDIATION, VERMONT.
Section 543 of the Water Resources Development Act of 2000 (114
Stat. 2673) is amended--
(1) in subsection (a)(2) by striking ``and'' at the end;
(2) in subsection (a)(3) by striking the period at the end
and inserting ``; and'';
(3) by adding at the end of subsection (a) the following:
``(4) may carry out measures to restore, protect, and
preserve an ecosystem affected by a dam described in subsection
(b).''; and
(4) by adding at the end of subsection (b) the following:
``(11) Camp Wapanacki, Hardwick.
``(12) Star Lake Dam, Mt. Holly.
``(13) Curtis Pond, Calais.
[[Page 121 STAT. 1149]]
``(14) Weathersfield Reservoir, Springfield.
``(15) Burr Pond, Sudbury.
``(16) Maidstone Lake, Guildhall.
``(17) Upper and Lower Hurricane Dam.
``(18) Lake Fairlee.
``(19) West Charleston Dam.
``(20) White River, Sharon.''.
SEC. 3157. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, AND
OTHER NONNATIVE PLANT CONTROL, VERMONT.
Under authority of section 104 of the River and Harbor Act of 1958
(33 U.S.C. 610), the Secretary may revise the existing General Design
Memorandum to permit the use of chemical means of control, when
appropriate, of Eurasian milfoil, water chestnuts, and other nonnative
plants in the Lake Champlain basin, Vermont.
SEC. 3158. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION,
VERMONT AND NEW HAMPSHIRE.
(a) In General.--The <<NOTE: Study.>> Secretary, in cooperation with
the States of Vermont and New Hampshire, shall carry out a study and
develop a strategy for the use of wetland restoration, soil and water
conservation practices, and nonstructural measures to reduce flood
damage, improve water quality, and create wildlife habitat in the Upper
Connecticut River watershed.
(b) Cooperative Agreements.--In conducting the study and developing
the strategy under this section, the Secretary may enter into one or
more cooperative agreements to provide technical assistance to
appropriate Federal, State, and local agencies and nonprofit
organizations with wetland restoration experience. Such assistance may
include assistance for the implementation of wetland restoration
projects and soil and water conservation measures.
(c) Implementation.--The Secretary shall carry out development and
implementation of the strategy under this section in cooperation with
local landowners and local government officials.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000, to remain available
until expended.
SEC. 3159. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION,
VERMONT AND NEW HAMPSHIRE.
(a) General Management Plan Development.--
(1) In general.--The <<NOTE: Study.>> Secretary, in
cooperation with the Secretary of Agriculture and in
consultation with the States of Vermont and New Hampshire and
the Connecticut River Joint Commission, shall conduct a study
and develop a general management plan for ecosystem restoration
of the Upper Connecticut River ecosystem for the purposes of--
(A) habitat protection and restoration;
(B) streambank stabilization;
(C) restoration of stream stability;
(D) water quality improvement;
(E) aquatic nuisance species control;
(F) wetland restoration;
(G) fish passage; and
(H) natural flow restoration.
(2) Existing plans.--In developing the general management
plan, the Secretary shall depend heavily on existing plans for
the restoration of the Upper Connecticut River.
[[Page 121 STAT. 1150]]
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in any
critical restoration project in the Upper Connecticut River
basin in accordance with the general management plan developed
under subsection (a).
(2) Eligible projects.--A critical restoration project shall
be eligible for assistance under this section if the project--
(A) meets the purposes described in the general
management plan developed under subsection (a); and
(B) with respect to the Upper Connecticut River and
Upper Connecticut River watershed, consists of--
(i) bank stabilization of the main stem,
tributaries, and streams;
(ii) wetland restoration and migratory bird
habitat restoration;
(iii) soil and water conservation;
(iv) restoration of natural flows;
(v) restoration of stream stability;
(vi) implementation of an intergovernmental
agreement for coordinating ecosystem restoration,
fish passage installation, streambank
stabilization, wetland restoration, habitat
protection and restoration, or natural flow
restoration;
(vii) water quality improvement;
(viii) aquatic nuisance species control;
(ix) improvements in fish migration; and
(x) conduct of any other project or activity
determined to be appropriate by the Secretary.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into one or more cooperative agreements to provide
financial assistance to appropriate Federal, State, or local governments
or nonprofit agencies. Such assistance may include assistance for the
implementation of projects to be carried out under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000. Such sums shall
remain available until expended.
SEC. 3160. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542 of the Water Resources Development Act of 2000 (114
Stat. 2671) is amended--
(1) in subsection (b)(2)--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (G); and
(C) by inserting after subparagraph (D) the
following:
``(E) river corridor assessment, protection,
management, and restoration for the purposes of
ecosystem restoration;
``(F) geographic mapping conducted by the Secretary
using existing technical capacity to produce a high-
resolution, multispectral satellite imagery-based land
use and cover data set; or'';
(2) in subsection (e)(2)(A)--
(A) by striking ``The non-Federal'' and inserting
the following:
``(i) In general.--The non-Federal''; and
[[Page 121 STAT. 1151]]
(B) by adding at the end the following:
``(ii) Approval of district engineer.--
Approval of credit for design work of less than
$100,000 shall be determined by the appropriate
district engineer.'';
(3) in subsection (e)(2)(C) by striking ``up to 50 percent
of''; and
(4) in subsection (g) by striking ``$20,000,000'' and
inserting ``$32,000,000''.
SEC. 3161. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.
The project for beach erosion control and hurricane protection,
Sandbridge Beach, Virginia Beach, Virginia, authorized by section
101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804)
and modified by section 338 of the Water Resources Development Act of
2000 (114 Stat. 2612), is modified to authorize the Secretary to review
the project to determine whether any additional Federal interest exists
with respect to the project, taking into consideration conditions and
development levels relating to the project in existence on the date of
enactment of this Act.
SEC. 3162. 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 $3,600,000.''.
SEC. 3163. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest for the
project before the date of the partnership agreement for 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. 3164. <<NOTE: 16 USC 668dd note.>> MCNARY LOCK AND DAM,
MCNARY NATIONAL WILDLIFE REFUGE,
WASHINGTON AND IDAHO.
(a) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the land acquired for the McNary Lock and Dam project
and managed by the United States Fish and Wildlife Service under
cooperative agreement number DACW68-4-00-13 with the Corps of Engineers,
Walla Walla District, is transferred from the Secretary to the Secretary
of the Interior.
(b) Easements.--The transfer of administrative jurisdiction under
paragraph (1) shall be subject to easements in existence as of the date
of enactment of this Act on land subject to the transfer.
(c) Rights of Secretary.--
(1) In general.--Except as provided in subparagraph (C), the
Secretary shall retain rights described in subparagraph (B) with
respect to the land for which administrative jurisdiction is
transferred under paragraph (1).
[[Page 121 STAT. 1152]]
(2) Rights.--The rights of the Secretary referred to in
paragraph (1) are the rights--
(A) to flood land described in subsection (a) to the
standard project flood elevation;
(B) to manipulate the level of the McNary project
pool;
(C) to access land described in subsection (a) as
may be required to install, maintain, and inspect
sediment ranges and carry out similar activities;
(D) to construct and develop wetland, riparian
habitat, or other environmental restoration features
authorized by section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) and section
206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330);
(E) to dredge and deposit fill materials; and
(F) to carry out management actions for the purpose
of reducing the take of juvenile salmonids by avian
colonies that inhabit, before, on, or after the date of
enactment of this Act, any island included in the land
described in subsection (a).
(3) Coordination.--Before exercising a right described in
any of subparagraphs (C) through (F) of paragraph (2), the
Secretary shall coordinate the exercise with the Director of the
United States Fish and Wildlife Service.
(d) Management.--
(1) In general.--The land described in subsection (a) shall
be managed by the Secretary of the Interior as part of the
McNary National Wildlife Refuge.
(2) Cummins property.--
(A) Retention of credits.--Habitat unit credits
described in the memorandum entitled ``Design Memorandum
No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE COMPENSATION
PLAN, Wildlife Compensation and Fishing Access Site
Selection, Letter Supplement No. 15, SITE DEVELOPMENT
PLAN FOR THE WALLULA HMU'' provided for the Lower Snake
River Fish and Wildlife Compensation Plan through
development of the parcel of land formerly known as the
``Cummins property'' shall be retained by the Secretary
despite any changes in management of the parcel on or
after the date of enactment of this Act.
(B) Site development plan.--The Director shall
obtain prior approval of the Washington State department
of fish and wildlife for any change to the previously
approved site development plan for the parcel of land
formerly known as the ``Cummins property''.
(3) Madame dorian recreation area.--The Director shall
continue operation of the Madame Dorian Recreation Area for
public use and boater access.
(e) Administrative Costs.--The Director shall be responsible for all
survey, environmental compliance, and other administrative costs
required to implement the transfer of administrative jurisdiction under
subsection (a).
SEC. 3165. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.
(a) In General.--The fish and wildlife compensation plan for the
Lower Snake River, Washington and Idaho, as authorized by section 102 of
the Water Resources Development Act of 1976 (90
[[Page 121 STAT. 1153]]
Stat. 2921), is amended to authorize the Secretary to conduct studies
and implement aquatic and riparian ecosystem restorations and
improvements specifically for fisheries and wildlife.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 3166. 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, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal
share of the cost of the project the cost of work carried out by the
non-Federal interest for the project before the date of the partnership
agreement for the project.
SEC. 3167. 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 (other than 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 West
Virginia department of environmental protection 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. 3168. 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''.
[[Page 121 STAT. 1154]]
SEC. 3169. 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 standards of the Department of the Interior 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. 3170. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood control at Milton, West Virginia, authorized
by section 580 of the Water Resources Development Act of 1996 (110 Stat.
3790) and modified by section 340 of the Water Resources Development Act
of 2000 (114 Stat. 2612), is modified to authorize the Secretary to
construct the project substantially in accordance with the draft report
of the Corps of Engineers dated May 2004, at an estimated total cost of
$57,100,000, with an estimated Federal cost of $42,825,000 and an
estimated non-Federal cost of $14,275,000.
SEC. 3171. MCDOWELL COUNTY, WEST VIRGINIA.
The McDowell County nonstructural component 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 Appropriation Act, 1981 (94 Stat.
1339), is modified to direct the Secretary to take measures to provide
protection, throughout McDowell County, West Virginia, from the
reoccurrence of the greater of--
(1) the April 1977 flood;
(2) the July 2001 flood;
(3) the May 2002 flood; or
(4) the 100-year frequency event.
SEC. 3172. PARKERSBURG, WEST VIRGINIA.
The Secretary is authorized to carry out the ecosystem restoration,
recreation, and flood control components of the report of the Corps of
Engineers, entitled ``Parkersburg/Vienna Riverfront Park Feasibility
Study'', dated June 1998, as amended by the limited reevaluation report
of the Corps of Engineers, dated March 2004, at a total cost of
$12,000,000, with an estimated Federal cost of $6,000,000, and an
estimated non-Federal cost of $6,000,000.
SEC. 3173. GREEN BAY HARBOR, GREEN BAY, WISCONSIN.
The portion of the inner harbor of the Federal navigation channel of
the Green Bay Harbor project, authorized by the first section of the Act
entitled ``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes'', approved July 5, 1884 (23 Stat. 136), from Station
190+00 to Station 378+00 is authorized to a width of 75 feet and a depth
of 6 feet.
SEC. 3174. MANITOWOC HARBOR, WISCONSIN.
The project for navigation, Manitowoc Harbor, Wisconsin, authorized
by the River and Harbor Act of August 30, 1852 (10
[[Page 121 STAT. 1155]]
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. 3175. 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. <<NOTE: Effective date.>> The water control regulation manuals
(and any revisions thereto) shall be effective when the Secretary
transmits them to Congress. <<NOTE: Reports. Deadline.>> 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. 3176. UPPER BASIN OF MISSOURI RIVER.
(a) Use of Funds.--Notwithstanding the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103), funds made available for
recovery or mitigation activities in the lower basin of the Missouri
River may be used for recovery or mitigation activities in the upper
basin of the Missouri River, including the States of Montana, Nebraska,
North Dakota, and South Dakota.
(b) Conforming Amendment.--The matter under the heading ``Missouri
River Mitigation, Missouri, Kansas, Iowa, and Nebraska'' of section
601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143),
as modified by section 334 of the Water Resources Development Act of
1999 (113 Stat. 306), is amended by adding at the end the following:
``The Secretary may carry out any recovery or mitigation activities in
the upper basin of the Missouri River, including the States of Montana,
Nebraska, North Dakota, and South Dakota, using funds made available
under this paragraph in accordance with the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and consistent with the project purposes
of the Missouri River Mainstem System as authorized by section 10 of the
Flood Control Act of December 22, 1944 (58 Stat. 897).''.
SEC. 3177. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
PROGRAM.
Section 1103(e)(1)(A)(ii) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by inserting before the
period at the end the following: ``, including research on water quality
issues affecting the Mississippi River (including elevated nutrient
levels) and the development of remediation strategies''.
[[Page 121 STAT. 1156]]
SEC. 3178. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM NEW
TECHNOLOGY PILOT PROGRAM.
(a) Upper Ohio River and Tributaries Navigation System Defined.--In
this section, the term ``Upper Ohio River and Tributaries navigation
system'' means the Allegheny, Kanawha, Monongahela, and Ohio Rivers.
(b) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to evaluate new technologies applicable to the Upper
Ohio River and Tributaries navigation system.
(2) Inclusions.--The program may include the design,
construction, or implementation of innovative technologies and
solutions for the Upper Ohio River and Tributaries navigation
system, including projects for--
(A) improved navigation;
(B) environmental stewardship;
(C) increased navigation reliability; and
(D) reduced navigation costs.
(3) Purposes.--The purposes of the program shall be--
(A) to increase the reliability and availability of
federally owned and federally operated navigation
facilities;
(B) to decrease system operational risks; and
(C) to improve--
(i) vessel traffic management;
(ii) access; and
(iii) Federal asset management.
(c) Federal Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
federally owned.
(d) Local Cooperation Agreements.--
(1) In general.--The Secretary shall enter into local
cooperation agreements with non-Federal interests to provide for
the design, construction, installation, and operation of the
projects to be carried out under the program.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall include the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a navigation improvement project,
including appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project.
(3) Cost sharing.--Total project costs under each local
cooperation agreement shall be cost-shared in accordance with
the formula relating to the applicable original construction
project.
(4) Expenditures.--
(A) In general.--Expenditures under the program may
include, for establishment at federally owned property,
such as locks, dams, and bridges--
(i) transmitters;
(ii) responders;
(iii) hardware;
(iv) software; and
(v) wireless networks.
[[Page 121 STAT. 1157]]
(B) Exclusions.--Transmitters, responders, hardware,
software, and wireless networks and other equipment
installed on privately owned vessels or equipment shall
not be eligible under the program.
(e) Report.--Not later than December 31, 2008, the Secretary shall
submit to Congress a report on the results of the pilot program carried
out under this section, together with recommendations concerning whether
the program or any component of the program should be implemented on a
national basis.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,100,000. Such sums shall
remain available until expended.
SEC. 3179. 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.
(5) The project for flood control, Ecorse Creek, Wayne
County, Michigan, authorized by section 101(a)(14) of the Water
Resources Development Act of 1990 (104 Stat. 4607).
(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. 3180. 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) 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).
[[Page 121 STAT. 1158]]
(3) 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).
SEC. 3181. 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) Norwalk harbor, connecticut.--
(A) In general.--The portions of a 10-foot channel
of the project for navigation, Norwalk Harbor,
Connecticut, authorized by the first section of the Act
of March 2, 1919 (40 Stat. 1276) and described in
subparagraph (B).
(B) Description of portions.--The portions of the
channel referred to in subparagraph (A) are as follows:
(i) Rectangular portion.--An approximately
rectangular-shaped section along the northwesterly
terminus of the channel. The section is 35-feet
wide and about 460-feet long and is further
described as commencing at a point N104,165.85,
E417,662.71, thence running south 24 degrees 06
minutes 55 seconds east 395.00 feet to a point
N103,805.32, E417,824.10, thence running south 00
degrees 38 minutes 06 seconds east 87.84 feet to a
point N103,717.49, E417,825.07, thence
[[Page 121 STAT. 1159]]
running north 24 degrees 06 minutes 55 seconds
west 480.00 feet, to a point N104,155.59,
E417,628.96, thence running north 73 degrees 05
minutes 25 seconds east 35.28 feet to the point of
origin.
(ii) Parallelogram-shaped portion.--An area
having the approximate shape of a parallelogram
along the northeasterly portion of the channel,
southeast of the area described in clause (i),
approximately 20 feet wide and 260 feet long, and
further described as commencing at a point
N103,855.48, E417,849.99, thence running south 33
degrees 07 minutes 30 seconds east 133.40 feet to
a point N103,743.76, E417,922.89, thence running
south 24 degrees 07 minutes 04 seconds east 127.75
feet to a point N103,627.16, E417,975.09, thence
running north 33 degrees 07 minutes 30 seconds
west 190.00 feet to a point N103,786.28,
E417,871.26, thence running north 17 degrees 05
minutes 15 seconds west 72.39 feet to the point of
origin.
(C) Exclusion.--Notwithstanding any other provision
of this paragraph, the Secretary shall realign the 10-
foot channel potion of the project referred to in
subparagraph (A) to include, immediately north of the
area described in subparagraph (B)(ii), a triangular
section described as commencing at a point N103,968.35,
E417,815.29, thence running south 17 degrees 05 minutes
15 seconds east 118.09 feet to a point N103,855.48,
E417,849.99, thence running north 33 degrees 07 minutes
30 seconds west 36.76 feet to a point N103,886.27,
E417,829.90, thence running north 10 degrees 05 minutes
26 seconds west 83.37 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 N99,977.37, E340,290.02, thence running easterly
about 200.00 feet to a point with coordinates N99,978.49,
E340,490.02, thence running northerly about 138.00 feet to a
point with coordinates N100,116.49, E340,289.25, thence running
westerly about 200.00 feet to a point with coordinates
N100,115.37, E340,289.25, thence running southerly about 138.00
feet to the point of origin.
(5) Rockport harbor, maine.--
(A) In general.--The portion of the project for
navigation, Rockport Harbor, Maine, authorized by the
first section of the Act of August 11, 1888 (25 Stat.
400), located within the 12-foot anchorage described in
subparagraph (B).
(B) Description of anchorage.--The anchorage
referred to in subparagraph (A) is more particularly
described as--
(i) beginning at the westernmost point of the
anchorage at N128800.00, E349311.00;
(ii) thence running north 12 degrees, 52
minutes, 37.2 seconds east 127.08 feet to a point
N128923.88, E349339.32;
[[Page 121 STAT. 1160]]
(iii) thence running north 17 degrees, 40
minutes, 13.0 seconds east 338.61 feet to a point
N129246.51, E349442.10;
(iv) thence running south 89 degrees, 21
minutes, 21.0 seconds east 45.36 feet to a point
N129246.00, E349487.46;
(v) thence running south 44 degrees, 13
minutes, 32.6 seconds east 18.85 feet to a point
N129232.49, E349500.61;
(vi) thence running south 17 degrees, 40
minutes 13.0 seconds west 340.50 feet to a point
N128908.06, E349397.25;
(vii) thence running south 12 degrees, 52
minutes, 37.2 seconds west 235.41 feet to a point
at N128678.57, E349344.79; and
(viii) thence running north 15 degrees, 32
minutes, 59.3 seconds west 126.04 feet to the
point of origin.
(6) Falmouth harbor, massachusetts.--The portion of the
project for navigation, Falmouth 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.
(7) 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.
(8) 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.
(9) 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).
[[Page 121 STAT. 1161]]
(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.
(10) Whatcom creek waterway, bellingham, washington.--The
portion of the project for navigation, Whatcom Creek Waterway,
Bellingham, Washington, authorized by the River and Harbor Act
of June 25, 1910 (36 Stat. 664), and section 101 of the River
and Harbor Act of 1958 (72 Stat. 299), consisting of the last
2,900 linear feet of the inner portion of the waterway and
beginning at station 29+00 to station 0+00.
(11) Oconto harbor, wisconsin.--
(A) In general.--The portion of the project for
navigation, Oconto Harbor, Wisconsin, authorized by the
Act of August 2, 1882 (22 Stat. 196), and the Act of
June 25, 1910 (36 Stat. 664) (commonly known as the
``River and Harbor Act of 1910''), consisting of a 15-
foot-deep turning basin in the Oconto River, as
described in subparagraph (B).
(B) Project description.--The project referred to in
subparagraph (B) is more particularly described as--
(i) beginning at a point along the western
limit of the existing project, N394,086.71,
E2,530,202.71;
(ii) thence northeasterly about 619.93 feet to
a point N394,459.10, E2,530,698.33;
(iii) thence southeasterly about 186.06 feet
to a point N394,299.20, E2,530,793.47;
(iv) thence southwesterly about 355.07 feet to
a point N393,967.13, E2,530,667.76;
(v) thence southwesterly about 304.10 feet to
a point N393,826.90, E2,530,397.92; and
(vi) thence northwesterly about 324.97 feet to
the point of origin.
(b) Anchorage Area, 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, is redesignated as an
anchorage area.
[[Page 121 STAT. 1162]]
(c) 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 modified to redesignate a portion of the 9-foot-
deep channel to 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.
(d) Saco River, Maine.--The portion of the project for navigation,
Saco River, Maine, constructed 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
maneuvering basin located at the head of navigation, is redesignated as
an anchorage area.
(e) 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.
(f) 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.
(g) Rivercenter, Philadelphia, Pennsylvania.--Section 38(c) of the
Water Resources Development Act of 1988 (33 U.S.C. 59j-1; 102 Stat.
4038) is amended by striking ``subsection (a) of this section'' and
inserting ``subsection (a) (except 30 years from such date of enactment,
in the case of the area or any part thereof described in subsection
(a)(5))''.
(h) Additional Deauthorizations.--The following projects are not
authorized after the date of enactment of this Act, except with respect
to any portion of such a project which portion has been completed before
such date or is under construction on such date:
[[Page 121 STAT. 1163]]
(1) The project for flood protection on Atascadero Creek and
its tributaries of Goleta, California, authorized by section 201
of the Flood Control Act of 1970 (84 Stat. 1826).
(2) The project for the construction of bridge fenders for
the Summit and St. Georges Bridge for the Inland Waterway of the
Delaware River to the C & D Canal of the Chesapeake Bay,
Delaware and Maryland, authorized by the River and Harbor Act of
1954 (68 Stat. 1249).
(3) The project for flood control, central and southern
Florida, Shingle Creek basin, Florida, authorized by section 203
of the Flood Control Act of 1962 (76 Stat. 1182).
(4) The project for flood control, Brevoort, Indiana,
authorized by section 5 of the Flood Control Act of June 22,
1936 (49 Stat. 1587).
(5) The project for flood control, Middle Wabash, Greenfield
Bayou, Indiana, authorized by section 10 of the Flood Control
Act of July 24, 1946 (60 Stat. 649).
(6) The project for flood damage reduction, Lake George,
Hobart, Indiana, authorized by section 602(a)(2) of the Water
Resources Development Act of 1986 (100 Stat. 4148).
(7) The project for navigation at the Muscatine Harbor on
the Mississippi River at Muscatine, Iowa, authorized by section
101 of the River and Harbor Act of 1950 (64 Stat. 166).
(8) The project for flood control and water supply, Eagle
Creek Lake, Kentucky, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1188).
(9) The project for flood control, Hazard, Kentucky,
authorized by section 3(a)(7) of the Water Resources Development
Act of 1988 (100 Stat. 4014) and section 108 of the Water
Resources Development Act of 1990 (104 Stat. 4621).
(10) The project for flood control, western Kentucky
tributaries, Kentucky, authorized by section 204 of the Flood
Control Act of 1965 (79 Stat. 1076) and modified by section 210
of the Flood Control Act of 1970 (84 Stat. 1829).
(11) The project for flood damage reduction, Tensas-Cocodrie
area, Louisiana, authorized by section 3 of the Flood Control
Act of August 18, 1941 (55 Stat. 643).
(12) The uncompleted portions of the project for navigation
improvement for Bayou LaFourche and LaFourche Jump, Louisiana,
authorized by the Act of August 30, 1935 (49 Stat. 1033), and
the River and Harbor Act of 1960 (74 Stat. 481).
(13) The project for flood control, Eastern Rapides and
South-Central Avoyelles Parishes, Louisiana, authorized by
section 201 of the Flood Control Act of 1970 (84 Stat. 1825).
(14) The project for erosion protection and recreation, Fort
Livingston, Grande Terre Island, Louisiana, authorized by the
Act of August 13, 1946 (33 U.S.C. 426e et seq.).
(15) The project for navigation, Northeast Harbor, Maine,
authorized by section 2 of the Act of March 2, 1945 (59 Stat.
12).
(16) The project for navigation, Tenants Harbor, Maine,
authorized by the first section of the Act of March 2, 1919 (40
Stat. 1275).
(17) The project for navigation, New York Harbor and
adjacent channels, Claremont Terminal, Jersey City, New
[[Page 121 STAT. 1164]]
Jersey, authorized by section 202(b) of the Water Resources
Development Act of 1986 (100 Stat. 4098).
(18) The project for navigation, Olcott Harbor, Lake
Ontario, New York, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4143).
(19) The project for navigation, Outer Harbor, Buffalo, New
York, authorized by section 110 of the Water Resources
Development Act of 1992 (106 Stat. 4817).
(20) The project for the Columbia River, Seafarers Memorial,
Hammond, Oregon, authorized by title I of the Energy and Water
Development Appropriations Act, 1991 (104 Stat. 2078).
(21) The project for navigation, Narragansett Town Beach,
Narragansett, Rhode Island, authorized by section 361 of the
Water Resources Development Act of 1992 (106 Stat. 4861).
(22) The project for bulkhead repairs, Quonset Point-
Davisville, Rhode Island, authorized by section 571 of the Water
Resources Development Act of 1996 (110 Stat. 3788).
(23) The structural portion of the project for flood
control, Cypress Creek, Texas, authorized by section 3(a)(13) of
the Water Resources Development Act of 1988 (102 Stat. 4014).
(24) The project for flood protection, East Fork Channel
Improvement, Increment 2, East Fork of the Trinity River, Texas,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1185).
(25) The project for flood control, Falfurrias, Texas,
authorized by section 3(a)(14) of the Water Resources
Development Act of 1988 (102 Stat. 4014).
(26) The project for flood control, Pecan Bayou Lake, Texas,
authorized by section 203 of the Flood Control Act of 1968 (82
Stat. 742).
(27) The project for navigation improvements affecting Lake
of the Pines, Texas, for the portion of the Red River below
Fulton, Arkansas, authorized by the Act of July 13, 1892 (27
Stat. 103) and modified by the Act of July 24, 1946 (60 Stat.
635), the Act of May 17, 1950 (64 Stat. 163), and the River and
Harbor Act of 1968 (82 Stat. 731).
(28) The project for navigation, Tennessee Colony Lake,
Trinity River, Texas, authorized by section 204 of the River and
Harbor Act of 1965 (79 Stat. 1091).
(29) The project for streambank erosion, Kanawha River,
Charleston, West Virginia, authorized by section 603(f)(13) of
the Water Resources Development Act of 1986 (100 Stat. 4153).
SEC. 3182. 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--
[[Page 121 STAT. 1165]]
(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) Oakland Inner Harbor Tidal Canal, California.--
(1) In general.--The Secretary may convey, by separate
quitclaim deeds, as soon as the conveyance of each individual
portion is practicable, the title of the United States in and to
all or portions of the approximately 86 acres of upland,
tideland, and submerged land, commonly referred to as the
``Oakland Inner Harbor Tidal Canal'', California (referred to in
this section as the ``Canal Property''), as follows:
(A) To the city of Oakland, without consideration,
the title of the United States in and to all or portions
of that part of the Canal Property that are located
within the boundaries of the City of Oakland.
(B) To the city of Alameda, or to a public entity
created by or designated by the city of Alameda that is
eligible to hold title to real property, without
consideration, the title of the United States in and to
all or portions of that part of the Canal Property that
are located within the boundaries of the city of
Alameda.
(C) To the owners of lands adjacent to the Canal
Property, or to a public entity created by or designated
by one or more of the adjacent land owners that are
eligible to hold title to real property, at fair market
value, the title of the United States in and to all or
portions of that part of the Canal Property that are
located within the boundaries of the city in which the
adjacent land is located.
(2) Requirement.--The Secretary may reserve and retain from
any conveyance under this subsection a right-of-way or other
rights as the Secretary determines to be necessary for the
operation and maintenance of the authorized Federal channel in
the Canal Property.
(3) Annual reports.--Until the date on which each conveyance
described in paragraph (1) is complete, the Secretary shall
submit, by not later than November 30 of each year, to the
Committee on Environment and Public Works of the Senate and
Committee on Transportation and Infrastructure of the House of
Representatives an annual report that
[[Page 121 STAT. 1166]]
describes the efforts of the Secretary to complete that
conveyance during the preceding fiscal year.
(4) Form.--A conveyance made under this subsection may be,
in whole or in part, in the form of an easement.
(5) Right of first refusal.--For any property on which an
easement is granted under this subsection, should the Secretary
seek to dispose of the property, the holder of the easement
shall have the right of first refusal to the property without
cost or consideration.
(6) Repeal.--Section 205 of the Water Resources Development
Act of 1990 (104 Stat. 4633; 110 Stat. 3748) is repealed.
(c) 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.
(d) Strawn Cemetery, John Redmond Lake, Kansas.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary, acting through the Tulsa
District of the Corps of Engineers, shall transfer to Pleasant
Township, Coffey County, Kansas, for use as the New Strawn
Cemetery, all right, title, and interest of the United States in
and to the land described in paragraph (3).
(2) Reversion.--If the land transferred under this
subsection ceases at any time to be used as a nonprofit cemetery
or for another public purpose, the land shall revert to the
United States.
(3) Description.--The land to be conveyed under this
subsection is a tract of land near John Redmond Lake, Kansas,
containing approximately 3 acres and lying adjacent to the west
line of the Strawn Cemetery located in the SE corner of the
NE\1/4\ of section 32, township 20 south, range 14 east, Coffey
County, Kansas.
(e) Pike County, Missouri.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Federal land.--The term ``Federal land'' means
the 2 parcels of Corps of Engineers land totaling
approximately 42 acres, located on Buffalo Island in
Pike County, Missouri, and consisting of Government
Tract Numbers MIS-7 and a portion of FM-46.
(B) Non-federal land.--The term ``non-Federal land''
means the approximately 42 acres of land, subject to any
existing flowage easements situated in Pike County,
Missouri, upstream and northwest, about 200 feet from
Drake Island (also known as Grimes Island).
(2) Land exchange.--Subject to paragraph (3), on conveyance
by S.S.S., Inc., to the United States of all right, title, and
interest in and to the non-Federal land, the Secretary
[[Page 121 STAT. 1167]]
shall convey to S.S.S., Inc., all right, title, and interest of
the United States in and to the Federal land.
(3) Conditions.--
(A) Deeds.--
(i) Non-federal land.--The conveyance of the
non-Federal land to the Secretary shall be by a
warranty deed acceptable to the Secretary.
(ii) Federal land.--The conveyance of the
Federal land to S.S.S., Inc., shall be--
(I) by quitclaim deed; and
(II) subject to any reservations,
terms, and conditions that the Secretary
determines to be necessary to allow the
United States to operate and maintain
the Mississippi River 9-Foot Navigation
Project.
(iii) Legal descriptions.--The Secretary shall
provide a legal description of the Federal land,
and S.S.S., Inc., shall provide a legal
description of the non-Federal land, for inclusion
in the deeds referred to in clauses (i) and (ii).
(B) Removal of improvements.--
(i) In general.--The Secretary may require the
removal of, or S.S.S., Inc., may voluntarily
remove, any improvements to the non-Federal land
before the completion of the exchange or as a
condition of the exchange.
(ii) No liability.--If S.S.S., Inc., removes
any improvements to the non-Federal land under
clause (i)--
(I) S.S.S., Inc., shall have no
claim against the United States relating
to the removal; and
(II) the United States shall not
incur or be liable for any cost
associated with the removal or
relocation of the improvements.
(C) Administrative costs.--The Secretary shall
require S.S.S., Inc. to pay reasonable administrative
costs associated with the exchange.
(D) Cash equalization payment.--If the appraised
fair market value, as determined by the Secretary, of
the Federal land exceeds the appraised fair market
value, as determined by the Secretary, of the non-
Federal land, S.S.S., Inc., shall make a cash
equalization payment to the United States.
(E) Deadline.--The land exchange under subparagraph
(B) shall be completed not later than 2 years after the
date of enactment of this Act.
(f) Union Lake, Missouri.--
(1) In general.--The Secretary shall offer to convey to the
State of Missouri, before June 30, 2007, all right, title, and
interest in and to approximately 205.50 acres of land described
in paragraph (2) purchased for the Union Lake Project that was
deauthorized as of January 1, 1990 (55 Fed. Reg. 40906), in
accordance with section 1001(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(a)).
(2) Land description.--The land referred to in paragraph (1)
is described as follows:
[[Page 121 STAT. 1168]]
(A) Tract 500.--A tract of land situated in Franklin
County, Missouri, being part of the SW\1/4\ of section
7, and the NW\1/4\ of the SW\1/4\ of section 8, township
42 north, range 2 west of the fifth principal meridian,
consisting of approximately 112.50 acres.
(B) Tract 605.--A tract of land situated in Franklin
County, Missouri, being part of the N\1/2\ of the NE,
and part of the SE of the NE of section 18, township 42
north, range 2 west of the fifth principal meridian,
consisting of approximately 93.00 acres.
(3) Conveyance.--On acceptance by the State of Missouri of
the offer by the Secretary under paragraph (1), the land
described in paragraph (2) shall immediately be conveyed, in its
current condition, by Secretary to the State of Missouri.
(g) 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''.
(h) Lookout Point Project, 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.
(i) Richard B. Russell Lake, South Carolina.--
(1) In general.--The Secretary shall convey, at fair market
value, to the State of South Carolina, by quitclaim deed, all
right, title, and interest of the United States in and to the
parcels of land described in paragraph (2)(A) that are managed,
as of the date of enactment of this Act, by the South Carolina
department of commerce for public recreation purposes for the
[[Page 121 STAT. 1169]]
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.--
(A) In general.--Subject to subparagraphs (B) and
(C), the parcels of land referred to in paragraph (1)
are the parcels contained in the portion of land
described in Army Lease Number DACW21-1-92-0500.
(B) Retention of interests.--The United States shall
retain--
(i) ownership of all land included in the
lease referred to in subparagraph (A) that would
have been acquired for operational purposes in
accordance with the 1971 implementation of the
1962 Army/Interior Joint Acquisition Policy; and
(ii) such other land as is determined by the
Secretary to be required for authorized project
purposes, including easement rights-of-way to
remaining Federal land.
(C) Survey.--The cost of the survey shall be paid by
the State.
(3) Costs of conveyance.--
(A) In general.--The State shall be responsible for
all costs, including real estate transaction and
environmental costs, associated with the conveyance
under this subsection.
(B) Form of contribution.--As determined appropriate
by the Secretary, in lieu of payment of compensation to
the United States under subparagraph (A), the State may
perform certain environmental or real estate actions
associated with the conveyance under this subsection if
those actions are performed in close coordination with,
to the satisfaction of, and in compliance with the laws
of the United States.
(4) Additional terms and conditions.--
(A) No effect on shore management policy.--The
Shoreline Management Policy (ER-1130-2-406) of the Corps
of Engineers may not be changed or altered for any
proposed development of land conveyed under this
subsection.
(B) 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 in effect
as of the date of the conveyance.
(C) Land not conveyed.--The State shall continue to
manage the land that is subject to Army Lease Number
DACW21-1-92-0500 and that is not conveyed under this
subsection in accordance with the terms and conditions
of Army Lease Number DACW21-1-92-0500.
(j) Denison, Texas.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of enactment of this Act, 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
[[Page 121 STAT. 1170]]
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) <<NOTE: Deadline.>> Conveyance.--Not later than 90 days
after the date of acceptance by the city of Denison, Texas, of
an offer under paragraph (1), the Secretary shall convey the
land surveyed under paragraph (2) by quitclaim deed to the city
of Denison, Texas.
(k) 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. 3183. 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.
[[Page 121 STAT. 1171]]
(b) Lake Texoma, Oklahoma.--
(1) <<NOTE: Termination date.>> Release.--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'' (67 Stat. 63),
shall terminate on 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 any other appropriate instrument to release each
reversionary interest to which paragraph (1) applies.
(3) Preservation of reserved rights.--A release of a
reversionary interest under this subsection shall not affect any
other right of the United States in any deed of conveyance
pursuant to the Act referred to in paragraph (1).
(c) 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, roads, or improvements as a
precondition of any release or extinguishment of
the deed reservations.
(2) Conveyance.--The Secretary may convey to the city of
Lowell, Oregon, 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).
(d) Old Hickory Lock and Dam, Cumberland River, Tennessee.--
[[Page 121 STAT. 1172]]
(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).
(e) Lower Granite Pool, Washington.--
(1) Extinguishment of reversionary interests and use
restrictions.--With respect to property covered by each deed
described in paragraph (2)--
(A) the reversionary interests and use restrictions
relating to port or industrial purposes are
extinguished; and
(B) the human habitation or other building structure
use restriction is extinguished in each area in which
the elevation is above the standard project flood
elevation.
(2) Deeds.--The deeds referred to in paragraph (1) are as
follows:
(A) Auditor's File Numbers 432576, 443411, 499988,
and 579771 of Whitman County, Washington.
(B) Auditor's File Numbers 125806, 138801, 147888,
154511, 156928, and 176360 of Asotin County, Washington.
(f) 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.
(g) No Effect on Other Rights.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes.
[[Page 121 STAT. 1173]]
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 <<NOTE: Review.>> 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. EURASIAN MILFOIL.
Under the authority of section 104 of the River and Harbor Act of
1958 (33 U.S.C. 610), the Secretary shall conduct a study, at Federal
expense, to develop national protocols for the use of
[[Page 121 STAT. 1174]]
the Euhrychiopsis lecontei weevil for biological control of Eurasian
milfoil in the lakes of Vermont and other northeastern States.
SEC. 4006. FIRE ISLAND, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigational improvements, including a barge
landing facility, Fire Island, Alaska.
SEC. 4007. KNIK ARM, COOK INLET, ALASKA.
The Secretary shall conduct a study to determine the potential
impacts on navigation of construction of a bridge across Knik Arm, Cook
Inlet, Alaska.
SEC. 4008. 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. 4009. NOME HARBOR, ALASKA.
The Secretary shall review the project for navigation, Nome Harbor
improvements, Alaska, authorized by section 101(a)(1) of the Water
Resources Development Act of 1999 (113 Stat. 273), to determine whether
the project cost increases, including the cost of rebuilding the
entrance channel damaged in a September 2005 storm, resulted from a
design deficiency.
SEC. 4010. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
providing navigation improvements at St. George Harbor, Alaska.
SEC. 4011. 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. 4012. VALDEZ, ALASKA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Valdez, Alaska, and if the
Secretary determines that the project is feasible, shall carry out the
project at a total cost of $20,000,000.
SEC. 4013. 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. 4014. 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. 4015. 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.
[[Page 121 STAT. 1175]]
SEC. 4016. 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. 4017. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
(a) <<NOTE: Reports.>> In General.--The Secretary shall prepare a
comprehensive report that examines the condition of the existing
Fruitvale Avenue Railroad Bridge, Alameda County, California (referred
to in this section as the ``Railroad Bridge''), and determines the most
economic means to maintain that rail link by either repairing or
replacing the Railroad Bridge.
(b) Requirements.--The report under this section shall include--
(1) a determination of whether the Railroad Bridge is in
immediate danger of failing or collapsing;
(2) the annual costs to maintain the Railroad Bridge;
(3) the costs to place the Railroad Bridge in a safe, ``no-
collapse'' condition, such that the Railroad Bridge will not
endanger maritime traffic;
(4) the costs to retrofit the Railroad Bridge such that the
Railroad Bridge may continue to serve as a rail link between the
Island of Alameda and the mainland; and
(5) the costs to construct a replacement for the Railroad
Bridge capable of serving the current and future rail, light
rail, and homeland security needs of the region.
(c) Submission of Report.--The Secretary shall--
(1) complete the Railroad Bridge report under subsection (a)
not later than 180 days after the date of enactment of this Act;
and
(2) submit the report to the Committee on Environment and
Public Works of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives.
(d) Limitations.--The Secretary shall not--
(1) demolish the Railroad Bridge or otherwise render the
Railroad Bridge unavailable or unusable for rail traffic; or
(2) reduce maintenance of the Railroad Bridge.
(e) Easement.--
(1) In general.--The Secretary shall provide to the city of
Alameda, California, a nonexclusive access easement over the
Oakland Estuary that comprises the subsurface land and surface
approaches for the Railroad Bridge that--
(A) is consistent with the Bay Trail Proposal of the
city of Oakland; and
(B) is otherwise suitable for the improvement,
operation, and maintenance of the Railroad Bridge or
construction, operation, and maintenance of a suitable
replacement bridge.
(2) Cost.--The easement under paragraph (1) shall be
provided to the city of Alameda without consideration and at no
cost to the United States.
SEC. 4018. LOS ANGELES RIVER REVITALIZATION STUDY, CALIFORNIA.
(a) In General.--The Secretary, in coordination with the city of Los
Angeles, shall--
[[Page 121 STAT. 1176]]
(1) prepare a feasibility study for environmental ecosystem
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 $25,000,000.
SEC. 4019. 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. 4020. 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. 4021. 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. 4022. SHORELINE STUDY, OCEANSIDE, CALIFORNIA.
Section 414 of the Water Resources Development Act of 2000 (114
Stat. 2636) is amended by striking ``32 months'' and inserting ``44
months''.
SEC. 4023. 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. 4024. SACRAMENTO RIVER, CALIFORNIA.
The Secretary shall conduct a comprehensive study to determine the
feasibility of, and alternatives for, measures to protect
[[Page 121 STAT. 1177]]
water diversion facilities and fish protective screen facilities in the
vicinity of river mile 178 on the Sacramento River, California.
SEC. 4025. 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. 4026. 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
carrying out and 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. 4027. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with non-Federal
interests, shall conduct a study of the feasibility of carrying out a
project for--
(1) flood damage reduction along the South San Francisco Bay
shoreline, California;
(2) restoration of the South San Francisco Bay salt ponds
(including on land owned by other Federal agencies); and
(3) other related purposes, as the Secretary determines to
be appropriate.
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study under subsection (a).
(2) Inclusions.--The report under paragraph (1) shall
include recommendations of the Secretary with respect to the
project described in subsection (a) based on planning, design,
and land acquisition documents prepared by--
(A) the California State Coastal Conservancy;
(B) the Santa Clara Valley Water District; and
(C) other local interests.
(c) Credit.--
[[Page 121 STAT. 1178]]
(1) In general.--In accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), and subject to
paragraph (2), 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--
(A) the cost of work performed by the non-Federal
interest in preparation of the feasibility study that is
conducted before the date of the feasibility cost
sharing agreement; and
(B) the funds expended by the non-Federal interest
for acquisition costs of land that constitutes a part of
such a project and that is owned by the United States
Fish and Wildlife Service.
(2) Conditions.--The Secretary may provide credit under
paragraph (1) if--
(A) the value of all or any portion of land referred
to in paragraph (1)(B) that would be subject to the
credit has not previously been credited to the non-
Federal interest for a project; and
(B) the land was not acquired to meet any mitigation
requirement of the non-Federal interest.
SEC. 4028. TWENTYNINE PALMS, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for flood damage reduction in the vicinity of
Twentynine Palms, California.
SEC. 4029. YUCCA VALLEY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Burnt Mountain basin,
in the vicinity of Yucca Valley, California.
SEC. 4030. SELENIUM STUDIES, COLORADO.
(a) In General.--The Director of the United States Geological
Survey, in consultation with State water quality and resource and
conservation agencies, shall conduct regional and watershed-wide studies
to address selenium concentrations in the State of Colorado, including
studies--
(1) to measure selenium on specific sites; and
(2) to determine whether specific selenium measures studied
should be recommended for use in demonstration projects.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 4031. 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. 4032. DELAWARE INLAND BAYS AND TRIBUTARIES AND ATLANTIC
COAST, DELAWARE.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for navigation, Indian River
Inlet and Bay, Delaware.
[[Page 121 STAT. 1179]]
(b) Factors for Consideration and Priority.--In carrying out the
study under subsection (a), the Secretary shall--
(1) take into consideration all necessary activities to
stabilize the scour holes threatening the Inlet and Bay
shorelines; and
(2) give priority to stabilizing and restoring the Inlet
channel and scour holes adjacent to the United States Coast
Guard pier and helipad and the adjacent State-owned properties.
SEC. 4033. 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. 4034. LOWER ST. JOHNS RIVER, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration, including improved
water quality, and related purposes, Lower St. Johns River, Florida.
SEC. 4035. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION
REPORT, FLORIDA.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Secretary shall publish a supplemental report to the
major rehabilitation report for the Herbert Hoover Dike system approved
by the Chief of Engineers in November 2000.
(b) Inclusions.--The supplemental report under subsection (a) shall
include--
(1) an evaluation of existing conditions at the Herbert
Hoover Dike system;
(2) an identification of additional risks associated with
flood events at the system that are equal to or greater than the
standard projected flood risks;
(3) an evaluation of the potential to integrate projects of
the Corps of Engineers into an enhanced flood protection system
for Lake Okeechobee, including--
(A) the potential for additional water storage north
of Lake Okeechobee; and
(B) an analysis of other project features included
in the Comprehensive Everglades Restoration Plan; and
(4) a review of the report prepared for the South Florida
Water Management District dated April 2006.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000.
SEC. 4036. 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. 4037. MERIWETHER COUNTY, GEORGIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Meriwether County, Georgia.
[[Page 121 STAT. 1180]]
SEC. 4038. 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. 4039. 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 side
channel, Illinois.
SEC. 4040. CHICAGO, ILLINOIS.
Section 425(a) of the Water Resources Development Act of 2000 (114
Stat. 2638) is amended by inserting ``Lake Michigan and'' before ``the
Chicago River''.
SEC. 4041. 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. 4042. 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 and
recreation as project purposes.
(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. 4043. 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. 4044. 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. 4045. VIDALIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation improvement at Vidalia, Louisiana.
SEC. 4046. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.
The Secretary shall conduct a study to determine the feasibility of
deepening that portion of the navigation channel of the navigation
project for Fall River Harbor, Massachusetts and Rhode Island,
authorized by section 101 of the River and Harbor Act of 1968
[[Page 121 STAT. 1181]]
(82 Stat. 731), seaward of the Charles M. Braga, Jr. Memorial Bridge,
Fall River and Somerset, Massachusetts.
SEC. 4047. 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. 4048. 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. 4049. LAKE ERIE AT LUNA PIER, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for storm damage reduction and other related
purposes along Lake Erie at Luna Pier, Michigan.
SEC. 4050. 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. 4051. 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. 4052. 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. 4053. 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. 4054. 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.
[[Page 121 STAT. 1182]]
SEC. 4055. 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. 4056. PERTH AMBOY, NEW JERSEY.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration and recreation on
the Arthur Kill, Perth Amboy, New Jersey.
SEC. 4057. 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. 4058. 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. 4059. 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. 4060. 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. 4061. 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. 4062. 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. 4063. 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. 4064. UPPER DELAWARE RIVER WATERSHED, NEW YORK.
In accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), a nonprofit organization may serve, with the consent
of the affected local government, as the non-Federal interest for a
study for the Upper Delaware River watershed, New York, being carried
out under Committee Resolution
[[Page 121 STAT. 1183]]
2495 of the Committee on Transportation and Infrastructure of the House
of Representatives, adopted May 9, 1996.
SEC. 4065. 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. 4066. 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. 4067. 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. 4068. FLOOD DAMAGE REDUCTION, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for flood damage reduction in Cuyahoga, Lake,
Ashtabula, Geauga, Erie, Lucas, Sandusky, Huron, and Stark Counties,
Ohio.
SEC. 4069. 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. 4070. 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. 4071. TOLEDO HARBOR DREDGED MATERIAL PLACEMENT, TOLEDO, OHIO.
The Secretary shall study the feasibility of removing previously
dredged and placed materials from the Toledo Harbor confined disposal
facility, transporting the materials, and disposing of the materials in
or at abandoned mine sites in southeastern Ohio.
SEC. 4072. TOLEDO HARBOR, MAUMEE RIVER, AND LAKE CHANNEL PROJECT,
TOLEDO, OHIO.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of constructing a project for navigation, Toledo, Ohio.
(b) Factors for Consideration.--In conducting the study under
subsection (a), the Secretary shall take into consideration--
(1) realigning the existing Toledo Harbor channel widening
occurring where the River Channel meets the Lake Channel from
the northwest to the southeast side of the River Channel;
(2) realigning the entire 200-foot wide channel located at
the upper river terminus of the River Channel southern river
embankment towards the northern river embankment; and
(3) adjusting the existing turning basin to accommodate
those changes.
[[Page 121 STAT. 1184]]
SEC. 4073. 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. 4074. 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. 4075. 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. 4076. 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. 4077. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION.
(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
[[Page 121 STAT. 1185]]
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. 4078. 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. 4079. 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. 4080. 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. 4081. WOONSOCKET LOCAL PROTECTION PROJECT, BLACKSTONE RIVER
BASIN, RHODE ISLAND.
The Secretary shall conduct a study, and, not later than June 30,
2008, submit to Congress a report that describes the results of the
study, on the flood damage reduction project, Woonsocket, Blackstone
River basin, Rhode Island, authorized by section 10 of the Flood Control
Act of December 22, 1944 (58 Stat. 892), to determine the measures
necessary to restore the level of protection of the project as
originally designed and constructed.
SEC. 4082. 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. 4083. 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.
[[Page 121 STAT. 1186]]
SEC. 4084. SAVANNAH RIVER, SOUTH CAROLINA AND GEORGIA.
(a) In General.--The Secretary shall determine the feasibility of
carrying out projects--
(1) to improve the Savannah River for navigation and related
purposes that may be necessary to support the location of
container cargo and other port facilities to be located in
Jasper County, South Carolina, in the vicinity of Mile 6 of the
Savannah Harbor entrance channel; and
(2) to remove from the proposed Jasper County port site the
easements used by the Corps of Engineers for placement of
dredged fill materials for the Savannah Harbor Federal
navigation project.
(b) Factors for Consideration.--In making a determination under
subsection (a), the Secretary shall take into consideration--
(1) landside infrastructure;
(2) the provision of any additional dredged material
disposal area as a consequence of removing from the proposed
Jasper County port site the easements used by the Corps of
Engineers for placement of dredged fill materials for the
Savannah Harbor Federal navigation project; and
(3) the results of the proposed bistate compact between the
State of Georgia and the State of South Carolina to own,
develop, and operate port facilities at the proposed Jasper
County port site, as described in the term sheet executed by the
Governor of the State of Georgia and the Governor of the State
of South Carolina on March 12, 2007.
SEC. 4085. 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. 4086. CLEVELAND, TENNESSEE.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction, Cleveland, Tennessee.
SEC. 4087. 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. 4088. 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. 4089. 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.
[[Page 121 STAT. 1187]]
SEC. 4090. ABILENE, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Abilene, Texas.
SEC. 4091. 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. 4092. 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. 4093. 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. 4094. 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. 4095. ECOSYSTEM AND HYDROPOWER GENERATION DAMS, VERMONT.
(a) In General.--The Secretary shall conduct a study of the
potential to carry out ecosystem restoration and hydropower generation
at dams in the State of Vermont, including a review of the report of the
Secretary on the land and water resources of the New England-New York
region submitted to the President on April 27, 1956 (published as Senate
Document Number 14, 85th Congress), and other relevant reports.
(b) Purpose.--The purpose of the study under subsection (a) shall be
to determine the feasibility of providing water resource improvements
and small-scale hydropower generation in the State of Vermont,
including, as appropriate, options for dam restoration, hydropower, dam
removal, and fish passage enhancement.
(c) Authorization of Appropriations.--There is authorized to carry
out this section $500,000. Such sums shall remain available until
expended.
[[Page 121 STAT. 1188]]
SEC. 4096. 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. 4097. 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.
SEC. 4098. 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. 4099. 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.
SEC. 4100. 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. 4101. DEBRIS REMOVAL.
(a) Evaluation.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of enactment of this Act, the Comptroller General
of the United States, in coordination with the Secretary and the
Administrator of the Environmental Protection Agency, and in
consultation with affected communities, shall conduct a complete
evaluation of Federal and non-Federal demolition, debris
removal, segregation, transportation, and disposal practices
relating to disaster areas designated in response to Hurricanes
Katrina and Rita (including regulated and nonregulated materials
and debris).
(2) Inclusions.--The evaluation under paragraph (1) shall
include a review of--
(A) compliance with all applicable environmental
laws;
[[Page 121 STAT. 1189]]
(B) permits issued or required to be issued with
respect to debris handling, transportation, storage, or
disposal; and
(C) administrative actions relating to debris
removal and disposal in the disaster areas described in
paragraph (1).
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Comptroller General, in consultation with the Secretary
and the Administrator, shall submit to the Committee on the Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the findings of the Comptroller General with
respect to the evaluation under subsection (a);
(2)(A) certifies compliance with all applicable
environmental laws; and
(B) identifies any area in which a violation of such a law
has occurred or is occurring;
(3) includes recommendations to ensure--
(A) the protection of the environment;
(B) sustainable practices; and
(C) the integrity of hurricane and flood protection
infrastructure relating to debris disposal practices;
(4) contains an enforcement plan that is designed to prevent
illegal dumping of hurricane debris in a disaster area; and
(5) contains plans of the Secretary and the Administrator to
involve the public and non-Federal interests, including through
the formation of a Federal advisory committee, as necessary, to
seek public comment relating to the removal, disposal, and
planning for the handling of post-hurricane debris.
(c) Restriction.--
(1) In general.--No Federal funds may be used to pay for or
reimburse any State or local entity in Louisiana for the
disposal of construction and demolition debris generated as a
result of Hurricane Katrina in 2005 in a landfill designated for
construction and demolition debris as described in section 257.2
of title 40, Code of Federal Regulations, unless that waste
meets the definition of construction and demolition debris, as
specified under Federal law and described in that section on the
date of enactment of this Act.
(2) Applicability.--The restriction in paragraph (1) shall
apply only to any disposal that occurs after the date of
enactment of this Act.
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.
[[Page 121 STAT. 1190]]
(2) Tampa Harbor, Sparkman Channel and Davis Island,
Florida.
(3) West turning basin, Canaveral Harbor, Florida.
(4) Bayou LaFourche Channel, Port Fourchon, Louisiana.
(5) Calcasieu River at Devil's Elbow, Louisiana.
(6) Pidgeon Industrial Harbor, Pidgeon Industrial Park,
Memphis Harbor, Tennessee.
(7) Houston Ship Channel, Bayport Cruise Channel and Bayport
Cruise turning basin, as part of the existing Bayport Channel,
Texas.
(8) Pix Bayou Navigation Channel, Chambers County, Texas.
(9) Jacintoport Channel at Houston Ship Channel, Texas.
(10) Racine Harbor, Wisconsin.
(b) <<NOTE: Deadline.>> 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 water bodies 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 25 percent.
(d) Project Locations.--The locations referred to in subsection (a)
are the following:
(1) Charlotte Harbor watershed, Florida.
(2) 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.
(3) Kinkaid Lake, Jackson County, Illinois.
(4) Amite River basin, Louisiana.
(5) East Atchafalaya River basin, Iberville Parish and
Pointe Coupee Parish, Louisiana.
(6) Red River watershed, Louisiana.
(7) Taunton River basin, Massachusetts.
(8) Marlboro Township, New Jersey.
(9) Esopus, Plattekill, and Rondout Creeks, Greene,
Sullivan, and Ulster Counties, New York.
[[Page 121 STAT. 1191]]
(10) Greenwood Lake watershed, New York and New Jersey.
(11) Long Island Sound watershed, New York.
(12) Ramapo River watershed, New York.
(13) Tuscarawas River basin, Ohio.
(14) Western Lake Erie basin, Ohio.
(15) 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.
(16) Otter Creek watershed, Pennsylvania.
(17) Unami Creek watershed, Milford Township, Pennsylvania.
(18) 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) Keith Creek, Rockford, Illinois.
(3) Mount Zion Mill Pond Dam, Fulton County, Indiana.
(4) Hamilton Dam, Flint River, Flint, Michigan.
(5) Congers Lake Dam, Rockland County, New York.
(6) Lake Lucille Dam, New City, New York.
(7) Peconic River Dams, town of Riverhead, Suffolk, Long
Island, New York.
(8) Pine Grove Lakes Dam, Sloatsburg, New York.
(9) State Dam, Auburn, New York.
(10) Whaley Lake Dam, Pawling, New York.
(11) Brightwood Dam, Concord Township, Ohio.
(12) Ingham Spring Dam, Solebury Township, Pennsylvania.
(13) Leaser Lake Dam, Lehigh County, Pennsylvania.
(14) Stillwater Dam, Monroe County, Pennsylvania.
(15) 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) $12,000,000.
SEC. 5004. <<NOTE: 33 USC 701b-14.>> 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 carry out an evaluation and take
such actions as may be necessary under subsection (a) for
[[Page 121 STAT. 1192]]
the project for flood damage reduction, Arkansas River Levees, Arkansas.
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.
[[Page 121 STAT. 1193]]
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) Project for navigation, Whittier, Alaska.
(2) Laguna Creek watershed flood damage reduction project,
California.
(3) Daytona Beach shore protection project, Florida.
(4) Flagler Beach shore protection project, Florida.
(5) St. Johns County shore protection project, Florida.
(6) Chenier Plain environmental restoration project,
Louisiana.
(7) False River, Louisiana, being carried out under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330).
(8) North River, Peabody, Massachusetts, being carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(9) 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).
(10) 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).
(11) 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).
(12) 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).
(13) 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).
(14) 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) Watershed study, Fountain Creek, north of Pueblo,
Colorado.
(3) Project for shoreline stabilization at Egmont Key,
Florida.
(4) Project for navigation, Sabine-Neches Waterway, Texas
and Louisiana.
(5) Project for ecosystem restoration, University Lake,
Baton Rouge, 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
[[Page 121 STAT. 1194]]
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. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT
PROJECT.
Section 514 of the Water Resources Development Act of 1999 (113
Stat. 343; 117 Stat. 142) is amended--
(1) in subsection (b)(2)(A) by adding at the end the
following: ``The Secretary shall ensure that such activities are
carried out throughout the geographic area that is subject to
the plan.'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(3) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project or
activity carried out under this section, a non-Federal interest may
include a nonprofit entity with the consent of the affected local
government.'';
(4) in subsection (g) (as redesignated by paragraph (2) of
this section) by adding at the end the following:
``(4) Non-federal share.--
``(A) In general.--The non-Federal share of the
costs of activities carried out under the plan may be
provided--
``(i) in cash;
``(ii) by the provision of land, easements,
rights-of-way, relocations, or disposal areas;
``(iii) by in-kind services to implement the
project; or
``(iv) by any combination thereof.
``(B) Private ownership.--Land needed for activities
carried out under the plan and credited toward the non-
Federal share of the cost of an activity may remain in
private ownership subject to easements that are--
``(i) satisfactory to the Secretary; and
``(ii) necessary to ensure achievement of the
project purposes.''; and
(5) in subsection (h) (as redesignated by paragraph (2) of
this section) by striking ``for the period of fiscal years 2003
and 2004.'' and inserting ``per fiscal year through fiscal year
2015.''.
SEC. 5011. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION PROGRAM.
(a) Great Lakes Fishery and Ecosystem Restoration.--Section 506(c)
of the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22(c))
is amended--
[[Page 121 STAT. 1195]]
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Reconnaissance studies.--Before planning, designing,
or constructing a project under paragraph (3), the Secretary
shall carry out a reconnaissance study--
``(A) to identify methods of restoring the fishery,
ecosystem, and beneficial uses of the Great Lakes; and
``(B) to determine whether planning of a project
under paragraph (3) should proceed.''; and
(3) in paragraph (4)(A) (as redesignated by paragraph (1) of
this subsection) by striking ``paragraph (2)'' and inserting
``paragraph (3)''.
(b) Cost Sharing.--Section 506(f) of the Water Resources Development
Act of 2000 (42 U.S.C. 1962d-22(f)) is amended--
(1) in paragraph (2)--
(A) by striking ``The Federal share'' and inserting
``Except for reconnaissance studies, the Federal
share''; and
(B) by striking ``(2) or (3)'' and inserting ``(3)
or (4)'';
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``subsection
(c)(2)'' and inserting ``subsection (c)(3)''; and
(B) in subparagraph (B) by striking ``50 percent''
and inserting ``100 percent''; and
(3) in paragraph (5) by striking ``Notwithstanding'' and
inserting ``In accordance with''.
SEC. 5012. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401(c) of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 104 Stat. 4644; 114 Stat. 2613) is amended by striking
``through 2006'' and inserting ``through 2012''.
SEC. 5013. 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. 5014. <<NOTE: 33 USC 426o-2.>> GREAT LAKES NAVIGATION AND
PROTECTION.
(a) Great Lakes Navigation.--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 Pilot Project.--Using available funds, the Director
of the Animal and Plant Health Inspection Service, in coordination with
the Secretary, the Administrator of the Environmental Protection Agency,
the Commandant of the Coast Guard, and the Director of the United States
Fish and Wildlife 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 Connecting Channels.
(c) 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
[[Page 121 STAT. 1196]]
areas of the Saint Lawrence River that are operated or maintained by the
Federal Government for commercial navigation.
SEC. 5015. 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).
(c) Limitation on Statutory Construction.--Nothing in this section
authorizes the construction of any project to increase the depth or
width of the navigation channel to a level greater than that previously
authorized and existing on the date of enactment of this Act or to
increase the dimensions of the Eisenhower and Snell lock facilities.
SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER PROJECT.
(a) <<NOTE: Study.>> In General.--The Secretary, in consultation
with appropriate Federal and State agencies, shall study, design, and
carry out a project to delay, deter, impede, or restrict the dispersal
of aquatic nuisance species into the northern reaches of the Upper
Mississippi River system. <<NOTE: Deadline.>> 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.--In carrying out subsection (a), the
Secretary, at Federal expense, shall--
(1) investigate and identify environmentally sound methods
for preventing and reducing the dispersal of aquatic nuisance
species through the northern reaches of the Upper Mississippi
River system;
(2) use available technologies and measures;
(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 northern
reaches of the Upper Mississippi River system;
(4) <<NOTE: Reports.>> 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 results of the evaluation
conducted under paragraph (3); and
(5) operate and maintain the project.
(c) Requirement.--In conducting the study under subsection (a), the
Secretary shall take into consideration the feasibility of locating the
dispersal barrier at the lock portion of the project at Lock and Dam 11
in the Upper Mississippi River basin.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 to carry out this section.
[[Page 121 STAT. 1197]]
SEC. 5017. ESTUARY RESTORATION.
(a) Purposes.--Section 102 of the Estuary Restoration Act of 2000
(33 U.S.C. 2901) is amended--
(1) in paragraph (1) by inserting before the semicolon at
the end the following: ``by implementing a coordinated Federal
approach to estuary habitat restoration activities, including
the use of common monitoring standards and a common system for
tracking restoration acreage'';
(2) in paragraph (2) by inserting ``and implement'' after
``to develop''; and
(3) in paragraph (3) by inserting ``through cooperative
agreements'' after ``restoration projects''.
(b) Definition of Estuary Habitat Restoration Plan.--Section
103(6)(A) of the Estuary Restoration Act of 2000 (33 U.S.C. 2902(6)(A))
is amended by striking ``Federal or State'' and inserting ``Federal,
State, or regional''.
(c) Estuary Habitat Restoration Program.--Section 104 of the Estuary
Restoration Act of 2000 (33 U.S.C. 2903) is amended--
(1) in subsection (a) by inserting ``through the award of
contracts and cooperative agreements'' after ``assistance'';
(2) in subsection (c)--
(A) in paragraph (3)(A) by inserting ``or State''
after ``Federal''; and
(B) in paragraph (4)(B) by inserting ``or approach''
after ``technology'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Except'' and inserting the
following:
``(A) In general.--Except''; and
(ii) by adding at the end the following:
``(B) Monitoring.--
``(i) Costs.--The costs of monitoring an
estuary habitat restoration project funded under
this title may be included in the total cost of
the estuary habitat restoration project.
``(ii) Goals.--The goals of the monitoring
shall be--
``(I) to measure the effectiveness
of the restoration project; and
``(II) to allow adaptive management
to ensure project success.'';
(B) in paragraph (2) by inserting ``or approach''
after ``technology''; and
(C) in paragraph (3) by inserting ``(including
monitoring)'' after ``services'';
(4) in subsection (f)(1)(B) by inserting ``long-term''
before ``maintenance''; and
(5) in subsection (g)--
(A) by striking ``In carrying'' and inserting the
following:
``(1) In general.--In carrying''; and
(B) by adding at the end the following:
``(2) Small projects.--
``(A) Small project defined.--In this paragraph, the
term `small project' means a project carried out under
this title with an estimated Federal cost of less than
$1,000,000.
[[Page 121 STAT. 1198]]
``(B) Delegation of project implementation.--In
carrying out this section, the Secretary, on
recommendation of the Council, may delegate
implementation of a small project to--
``(i) the Secretary of the Interior (acting
through the Director of the United States Fish and
Wildlife Service);
``(ii) the Under Secretary for Oceans and
Atmosphere of the Department of Commerce;
``(iii) the Administrator of the Environmental
Protection Agency; or
``(iv) the Secretary of Agriculture.
``(C) Funding.--A small project delegated to the
head of a Federal department or agency under this
paragraph may be carried out using funds appropriated to
the department or agency under section 109(a)(1) or
other funds available to the department or agency.
``(D) Agreements.--The head of a Federal department
or agency to which a small project is delegated under
this paragraph shall enter into an agreement with the
non-Federal interest for the project generally in
conformance with the criteria in subsections (d) and
(e). Cooperative agreements may be used for any
delegated project to allow the non-Federal interest to
carry out the project on behalf of the Federal
agency.''.
(d) Establishment of Estuary Habitat Restoration Council.--Section
105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2904(b)) is
amended--
(1) in paragraph (4) by striking ``and'' after the
semicolon;
(2) in paragraph (5) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) cooperating in the implementation of the strategy
developed under section 106;
``(7) recommending standards for monitoring for restoration
projects and contribution of project information to the database
developed under section 107; and
``(8) otherwise using the respective authorities of the
Council members to carry out this title.''.
(e) Monitoring of Estuary Habitat Restoration Projects.--Section
107(d) of the Estuary Restoration Act of 2000 (33 U.S.C. 2906(d)) is
amended by striking ``compile'' and inserting ``have general data
compilation, coordination, and analysis responsibilities to carry out
this title and in support of the strategy developed under this section,
including compilation of''.
(f) Reporting.--Section 108(a) of the Estuary Restoration Act of
2000 (33 U.S.C. 2907(a)) is amended by striking ``At the end of the
third and fifth fiscal years following the date of enactment of this
Act'' and inserting ``Not later than September 30, 2008, and every 2
years thereafter''.
(g) Funding.--Section 109(a) of the Estuary Restoration Act of 2000
(33 U.S.C. 2908(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``to the Secretary''; and
(B) by striking subparagraphs (A) through (D) and
inserting the following:
[[Page 121 STAT. 1199]]
``(A) to the Secretary, $25,000,000 for each of
fiscal years 2008 through 2012;
``(B) to the Secretary of the Interior (acting
through the Director of the United States Fish and
Wildlife Service), $2,500,000 for each of fiscal years
2008 through 2012;
``(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce, $2,500,000 for
each of fiscal years 2008 through 2012;
``(D) to the Administrator of the Environmental
Protection Agency, $2,500,000 for each of fiscal years
2008 through 2012; and
``(E) to the Secretary of Agriculture, $2,500,000
for each of fiscal years 2008 through 2012.''; and
(2) in the first sentence of paragraph (2)--
(A) by inserting ``and other information compiled
under section 107'' after ``this title''; and
(B) by striking ``2005'' and inserting ``2012''.
(h) General Provisions.--Section 110 of the Estuary Restoration Act
of 2000 (33 U.S.C. 2909) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``or contracts'' after
``agreements''; and
(B) by inserting ``, nongovernmental
organizations,'' after ``agencies''; and
(2) by striking subsections (d) and (e).
SEC. 5018. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, RECOVERY,
AND RESTORATION, IOWA, KANSAS, MISSOURI,
MONTANA, NEBRASKA, NORTH DAKOTA, SOUTH
DAKOTA, AND WYOMING.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
Missouri River Recovery Implementation Committee to be
established under subsection (b)(1), shall conduct a study of
the Missouri River and its tributaries to determine actions
required--
(A) to mitigate losses of aquatic and terrestrial
habitat;
(B) to recover federally listed species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
and
(C) to restore the ecosystem to prevent further
declines among other native species.
(2) Funding.--The study to be conducted under paragraph (1)
shall be funded using amounts made available to carry out the
Missouri River recovery and mitigation plan authorized by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4143).
(b) Missouri River Recovery Implementation Committee.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 6
months after the date of enactment of this Act, the Secretary
shall establish a committee to be known as the Missouri River
Recovery Implementation Committee (in this section referred to
as the ``Committee'').
(2) Membership.--The Committee shall include representatives
from--
(A) Federal agencies;
(B) States located near the Missouri River basin;
and
(C) other appropriate entities, as determined by the
Secretary, including--
[[Page 121 STAT. 1200]]
(i) water management and fish and wildlife
agencies;
(ii) Indian tribes located near the Missouri
River basin; and
(iii) nongovernmental stakeholders, which may
include--
(I) navigation interests;
(II) irrigation interests;
(III) flood control interests;
(IV) fish, wildlife, and
conservation organizations;
(V) recreation interests; and
(VI) power supply interests.
(3) Duties.--The Committee shall--
(A) with respect to the study to be conducted under
subsection (a)(1), provide guidance to the Secretary and
any affected Federal agency, State agency, or Indian
tribe; and
(B) provide guidance to the Secretary with respect
to the Missouri River recovery and mitigation plan in
existence on the date of enactment of this Act,
including recommendations relating to--
(i) changes to the implementation strategy
from the use of adaptive management;
(ii) coordination of the development of
consistent policies, strategies, plans, programs,
projects, activities, and priorities for the
Missouri River recovery and mitigation plan;
(iii) exchange of information regarding
programs, projects, and activities of the agencies
and entities represented on the Committee to
promote the goals of the Missouri River recovery
and mitigation plan;
(iv) establishment of such working groups as
the Committee determines to be necessary to assist
in carrying out the duties of the Committee,
including duties relating to public policy and
scientific issues;
(v) facilitating the resolution of interagency
and intergovernmental conflicts between entities
represented on the Committee associated with the
Missouri River recovery and mitigation plan;
(vi) coordination of scientific and other
research associated with the Missouri River
recovery and mitigation plan; and
(vii) annual preparation of a work plan and
associated budget requests.
(4) Recommendations and guidance.--In providing
recommendations and guidance from the Committee, the members of
the Committee may include dissenting opinions.
(5) Compensation; travel expenses.--
(A) Compensation.--Members of the Committee shall
not receive compensation from the Secretary in carrying
out the duties of the Committee under this section.
(B) Travel expenses.--Travel expenses incurred by a
member of the Committee in carrying out the duties of
the Committee under this section shall not be eligible
for Federal reimbursement.
[[Page 121 STAT. 1201]]
(c) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee.
SEC. 5019. <<NOTE: Contracts.>> 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 to which consent was given by Public Law
91-575 (84 Stat. 1512), and section 2.2 of the Delaware River Basin
Compact to which consent was given by Public Law 87-328 (75 Stat. 691),
beginning in fiscal year 2002, and each fiscal year thereafter, the
Division Engineer, North Atlantic Division, Corps of Engineers--
(1) shall be--
(A) the ex officio United States member of the
Susquehanna River Basin Compact and the Delaware River
Basin Compact; and
(B) one of the 3 members appointed by the President
under the Potomac River Basin Compact to which consent
was given by Public Law 91-407 (84 Stat. 856);
(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 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.--
[[Page 121 STAT. 1202]]
(1) In general.--The Secretary shall enter into an agreement
with the Interstate Commission on the Potomac River Basin 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
``$40,000,000''.
SEC. 5021. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND
MARYLAND.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) in paragraph (1)--
(A) in the second sentence by striking
``$30,000,000'' and inserting ``$50,000,000''; and
(B) in the third sentence by striking ``Such
projects'' and inserting the following:
``(2) Inclusions.--Such projects'';
(3) by striking paragraph (2)(D) (as redesignated by
paragraph (2)(B) of this subsection) and inserting the
following:
``(D) the restoration and rehabilitation of habitat
for fish, including native oysters, in the Chesapeake
Bay and its tributaries in Virginia and Maryland,
including--
``(i) the construction of oyster bars and
reefs;
``(ii) the rehabilitation of existing marginal
habitat;
``(iii) the use of appropriate alternative
substrate material in oyster bar and reef
construction;
``(iv) the construction and upgrading of
oyster hatcheries; and
``(v) activities relating to increasing the
output of native oyster broodstock for seeding and
monitoring of restored sites to ensure ecological
success.
``(3) Restoration and rehabilitation activities.--The
restoration and rehabilitation activities described in paragraph
(2)(D) shall be--
``(A) for the purpose of establishing permanent
sanctuaries and harvest management areas; and
``(B) consistent with plans and strategies for
guiding the restoration of the Chesapeake Bay oyster
resource and fishery.''; and
(4) by adding at the end the following:
[[Page 121 STAT. 1203]]
``(5) Definition of ecological success.--In this subsection,
the term `ecological success' means--
``(A) achieving a tenfold increase in native oyster
biomass by the year 2010, from a 1994 baseline; and
``(B) the establishment of a sustainable fishery as
determined by a broad scientific and economic
consensus.''.
SEC. 5022. <<NOTE: 16 USC 1451 note.>> 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. 5023. 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. 5024. <<NOTE: 33 USC 467f-1.>> 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. 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. <<NOTE: 5 USC 5343 note.>> WAGE SURVEYS.
Employees of the 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
[[Page 121 STAT. 1204]]
such section 5343 shall be construed to affect which agencies are to be
surveyed under such paragraph.
SEC. 5027. REHABILITATION.
The Secretary, at Federal expense and in an amount 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. 5028. AUBURN, ALABAMA.
The Secretary may provide technical assistance relating to water
supply to Auburn, Alabama. There is authorized to be appropriated
$5,000,000 to carry out this section.
SEC. 5029. 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) if the detailed project report
evaluation indicates that applying such section is necessary to
implement the project.
(c) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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.
SEC. 5030. 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
``(j) Corps of Engineers Expenses.--Not more than 10 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. 5031. BARROW, ALASKA.
The Secretary shall carry out, under section 117 of the Energy and
Water Development Appropriations Act, 2005 (118 Stat. 2944),
[[Page 121 STAT. 1205]]
a nonstructural project for coastal erosion and storm damage prevention
and reduction at Barrow, Alaska, including relocation of infrastructure.
SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA.
(a) Long-Term Maintenance and Repair.--
(1) Maintenance and repair.--The Secretary shall assume
responsibility for the long-term maintenance and repair of the
Lowell Creek tunnel, Seward, Alaska.
(2) Duration of responsibilities.--The responsibility of the
Secretary for long-term maintenance and repair of the tunnel
shall continue until an alternative method of flood diversion is
constructed and operational under this section, or 15 years
after the date of enactment of this Act, whichever is earlier.
(b) Study.--The Secretary shall conduct a study to determine whether
an alternative method of flood diversion in Lowell Canyon is feasible.
(c) Construction.--
(1) Alternative methods.--If the Secretary determines under
the study conducted under subsection (b) that an alternative
method of flood diversion in Lowell Canyon is feasible, the
Secretary shall carry out the alternative method.
(2) Federal share.--The Federal share of the cost of
carrying out an alternative method under paragraph (1) shall be
the same as the Federal share of the cost of the construction of
the Lowell Creek tunnel.
SEC. 5033. 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. 5034. 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. 5035. 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. 5036. AUGUSTA AND CLARENDON, ARKANSAS.
(a) In General.--The Secretary may carry out rehabilitation of
authorized and completed levees on the White River between Augusta and
Clarendon, Arkansas, at a total estimated cost of
[[Page 121 STAT. 1206]]
$8,000,000, with an estimated Federal cost of $5,200,000 and an
estimated non-Federal cost of $2,800,000.
(b) Reimbursement.--After performing the 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 rehabilitation.
SEC. 5037. 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 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. 5038. 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. 5039. CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in
California.
(b) Form of Assistance.--Assistance provided 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 California, including projects for wastewater treatment and
related facilities, water supply and related facilities, environmental
restoration, and surface water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) 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 cost of a
project under this section--
[[Page 121 STAT. 1207]]
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs 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.
(D) Credit for land, easements, and rights-of-way.--
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 the 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.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed to waive, limit, or otherwise affect 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.
(f) Nonprofit Entities.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
carried out under this section, a non-Federal interest may include a
nonprofit entity.
(g) Corps of Engineers Expenses.--Not more than 10 percent of
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5040. CALAVERAS RIVER AND LITTLEJOHN CREEK AND TRIBUTARIES,
STOCKTON, CALIFORNIA.
(a) <<NOTE: Deadline.>> In General.--Unless the Secretary
determines, by not later than 30 days after the date of enactment of
this Act, that the relocation of the portion of the project described in
subsection (b)(2) would be injurious to the public interest, a non-
Federal interest may reconstruct and relocate that portion of the
project approximately 300 feet in a westerly direction.
(b) Project Description.--
(1) In general.--The project referred to in subsection (a)
is the project for flood control, Calaveras River and Littlejohn
Creek and tributaries, California, authorized by section 10 of
the Flood Control Act of December 22, 1944 (58 Stat. 902).
(2) Specific description.--The portion of the project to be
reconstructed and relocated is that portion consisting of
[[Page 121 STAT. 1208]]
approximately 5.34 acres of dry land levee beginning at a point
N. 2203542.3167, E. 6310930.1385, thence running west about
59.99 feet to a point N. 2203544.6562, E. 6310870.1468, thence
running south about 3,874.99 feet to a point N. 2199669.8760, E.
6310861.7956, thence running east about 60.00 feet to a point N.
2199668.8026, E. 6310921.7900, thence running north about
3,873.73 feet to the point of origin.
(c) Cost Sharing.--The non-Federal share of the cost of
reconstructing and relocating the portion of the project described in
subsection (b)(2) shall be 100 percent.
SEC. 5041. CAMBRIA, CALIFORNIA.
Section 219(f)(48) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835; 113 Stat. 335.>> (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, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), 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 for the project before the date of
the partnership agreement for 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. 5042. 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. 5043. <<NOTE: Study.>> 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. 5044. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (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, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), 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 before the date of the
partnership agreement for the project.
``(C) In-kind contributions.--The non-Federal
interest may provide any portion of the non-Federal
share
[[Page 121 STAT. 1209]]
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. 5045. 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. 5046. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION,
CALIFORNIA.
The third sentence of section 102(c)(4) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended
by striking ``January 1, 2003'' and inserting ``January 1, 2011''.
SEC. 5047. LANCASTER, CALIFORNIA.
Section 219(f)(50) of the Water Resources Development Act of 1992
(114 Stat. 2763A-220) <<NOTE: 106 Stat. 4835; 113 Stat. 335.>> is
amended--
(1) by inserting after ``water'' the following: ``and
wastewater''; and
(2) by striking ``$14,500,000'' and inserting
``$24,500,000''.
SEC. 5048. LOS OSOS, CALIFORNIA.
Section 219(c)(27) of the Water Resources Development Act of 1992
(114 Stat. 2763A-219) <<NOTE: 106 Stat. 4835.>> is amended to read as
follows:
``(27) Los osos, california.--Wastewater infrastructure, Los
Osos, California.''.
SEC. 5049. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.
(a) Cooperative Program.--
(1) In general.--The Secretary shall participate with
appropriate State and local agencies in the implementation of a
cooperative program to improve and manage fisheries and aquatic
habitat conditions in Pine Flat Reservoir and in the 14-mile
reach of the Kings River immediately below Pine Flat Dam,
California, in a manner that--
(A) provides for long-term aquatic resource
enhancement; and
(B) avoids adverse effects on water storage and
water rights holders.
(2) Goals and principles.--The cooperative program described
in paragraph (1) shall be carried out--
(A) substantially in accordance with the goals and
principles of the document entitled ``Kings River
Fisheries Management Program Framework Agreement'' and
dated May 29, 1999, between the California department of
fish and game and the Kings River Water Association and
the Kings River Conservation District; and
(B) in cooperation with the parties to that
agreement.
(b) Participation by Secretary.--
[[Page 121 STAT. 1210]]
(1) In general.--In furtherance of the goals of the
agreement described in subsection (a)(2), the Secretary shall
participate in the planning, design, and construction of
projects and pilot projects on the Kings River and its
tributaries to enhance aquatic habitat and water availability
for fisheries purposes (including maintenance of a trout
fishery) in accordance with flood control operations, water
rights, and beneficial uses in existence as of the date of
enactment of this Act.
(2) Projects.--Projects referred to in paragraph (1) may
include--
(A) projects to construct or improve pumping,
conveyance, and storage facilities to enhance water
transfers; and
(B) projects to carry out water exchanges and create
opportunities to use floodwater within and downstream of
Pine Flat Reservoir.
(c) No Authorization of Certain Dam-Related Projects.--Nothing in
this section shall be construed to authorize any project for the raising
of Pine Flat Dam or the construction of a multilevel intake structure at
Pine Flat Dam.
(d) 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 document entitled ``Final Feasibility
Report and Report of the Chief of Engineers for Pine Flat Dam Fish and
Wildlife Habitat Restoration'' and dated July 19, 2002.
(e) Credit for Land, Easements, and Rights-of-Way.--The Secretary
shall credit toward the non-Federal share of the cost of construction of
any project under subsection (b) the value, regardless of the date of
acquisition, of any land, easements, rights-of-way, dredged material
disposal areas, or relocations provided by the non-Federal interest for
use in carrying out the project.
(f) Operation and Maintenance.--The operation, maintenance, repair,
rehabilitation, and replacement of projects carried out under this
section shall be a non-Federal responsibility.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000. Such sums shall
remain available until expended.
SEC. 5050. 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) 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. 5051. SAN FRANCISCO, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with the Port of San
Francisco, California, may carry out the project for repair
[[Page 121 STAT. 1211]]
and removal, as appropriate, of Piers 30-32, 35, 36, 70 (including
Wharves 7 and 8), and 80 in San Francisco, California, substantially in
accordance with the Port's redevelopment plan.
(b) Authorization of Appropriation.--There is authorized to be
appropriated $25,000,000 to carry out this section.
SEC. 5052. <<NOTE: 33 USC 59h-1.>> 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 southeasterly line of Townsend Street; thence northeasterly
along said southeasterly line of Townsend Street, to its intersection
with a line that is parallel and distant 10 feet southerly from the
existing southern boundary of Pier 40 produced; thence easterly along
said parallel line, to its point of intersection with the United States
Government Pierhead line; thence northerly along said Pierhead line to
its intersection with a line parallel with, and distant 10 feet easterly
from, the existing easterly boundary line of Pier 30-32; thence
northerly along said parallel line and its northerly prolongation, to a
point of intersection with a line parallel with, and distant 10 feet
northerly from, the existing northerly boundary of Pier 30-32; thence
westerly along last said parallel line to its intersection with the
United States Government Pierhead line; thence northerly along said
Pierhead line, to its intersection aforementioned northwesterly line of
Bryant Street produced northeasterly; 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) <<NOTE: Deadline.>> 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,
[[Page 121 STAT. 1212]]
including marina facilities, in accordance with the requirements set out
in subsection (c), or if work in connection with any activity permitted
in subsection (c) is not commenced within 5 years after issuance of such
permits, then the declaration of nonnavigability for such area or part
thereof shall expire.
SEC. 5053. SAN PABLO BAY, CALIFORNIA, WATERSHED AND SUISUN MARSH
ECOSYSTEM RESTORATION.
(a) San Pablo Bay Watershed, California.--
(1) In general.--The Secretary shall complete work, as
expeditiously as possible, on the ongoing San Pablo Bay
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) <<NOTE: Study.>> 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) Credit.--In accordance with section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b), the Secretary shall credit toward the non-
Federal share of the cost of construction of a project under this
section--
(1) the value of any lands, easements, rights-of-way,
dredged material disposal areas, or relocations provided by the
non-Federal interest for carrying out the project, regardless of
the date of acquisition;
(2) funds received from the CALFED Bay-Delta program; and
(3) the cost of the studies, design, and construction work
carried out by the non-Federal interest before the date of the
partnership agreement for the project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5054. ST. HELENA, CALIFORNIA.
(a) In General.--The Secretary may construct a project for flood
control and environmental restoration, St. Helena, California,
substantially in accordance with the plan for the St. Helena
comprehensive flood protection project dated 2006 and described in
[[Page 121 STAT. 1213]]
the addendum dated June 27, 2006, to the report prepared by the city of
St. Helena entitled ``City of St. Helena Comprehensive Flood Protection
Project, Final Environmental Impact Report'', and dated January 2004, if
the Secretary determines that the plans and designs for the project are
feasible.
(b) Cost.--The total cost of the project to be constructed pursuant
to subsection (a) shall be $30,000,000, with an estimated Federal cost
of $19,500,000 and an estimated non-Federal cost of $10,500,000.
(c) Reimbursement.--The non-Federal interest shall be reimbursed for
any work performed by the non-Federal interest for the project described
in subsection (a) that is in excess of the required non-Federal
contribution toward the total cost of the project, if the Secretary
determines that the work is integral to the project.
SEC. 5055. UPPER CALAVERAS RIVER, STOCKTON, CALIFORNIA.
(a) Reevaluation.--The Secretary shall reevaluate the 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. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO,
NEW MEXICO, AND TEXAS.
(a) Definitions.--In this section, the following definitions apply:
(1) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785), and ratified by the States.
(2) Rio grande basin.--The term ``Rio Grande Basin'' means
the Rio Grande (including all tributaries and their headwaters)
located--
(A) in the State of Colorado, from the Rio Grande
Reservoir, near Creede, Colorado, to the New Mexico
State border;
(B) in the State of New Mexico, from the Colorado
State border downstream to the Texas State border; and
(C) in the State of Texas, from the New Mexico State
border to the southern terminus of the Rio Grande at the
Gulf of Mexico.
(3) States.--The term ``States'' means the States of
Colorado, New Mexico, and Texas.
(b) Program Authority.--
[[Page 121 STAT. 1214]]
(1) In general.--The Secretary shall carry out, in the Rio
Grande Basin--
(A) a program for the planning, construction, and
evaluation of measures for fish and wildlife habitat
rehabilitation and enhancement; and
(B) implementation of a long-term monitoring,
computerized data inventory and analysis, applied
research, and adaptive management program.
(2) Reports.--Not later than December 31, 2008, and not
later than December 31 of every sixth year thereafter, the
Secretary, in consultation with the Secretary of the Interior
and the States, shall submit to Congress a report that--
(A) contains an evaluation of the programs described
in paragraph (1);
(B) describes the accomplishments of each program;
(C) provides updates of a systemic habitat needs
assessment; and
(D) identifies any needed adjustments in the
authorization of the programs.
(c) State and Local Consultation and Cooperative Effort.--For the
purpose of ensuring the coordinated planning and implementation of the
programs described in subsection (b), the Secretary shall--
(1) consult with the States, and other appropriate entities
in the States, the rights and interests of which might be
affected by specific program activities; and
(2) enter into an interagency agreement with the Secretary
of the Interior to provide for the direct participation of, and
transfer of funds to, the United States Fish and Wildlife
Service and any other agency or bureau of the Department of the
Interior for the planning, design, implementation, and
evaluation of those programs.
(d) Operation and Maintenance.--The costs of operation and
maintenance of a project located on Federal land, or land owned or
operated by a State or local government, shall be borne by the Federal,
State, or local agency that has jurisdiction over fish and wildlife
activities on the land.
(e) Effect on Other Law.--
(1) Water law.--Nothing in this section shall be construed
to preempt any State water law.
(2) Compacts and decrees.--In carrying out this section, the
Secretary shall comply with the Rio Grande Compact, and any
applicable court decrees or Federal and State laws, affecting
water or water rights in the Rio Grande Basin.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2008 through 2011.
SEC. 5057. <<NOTE: Designation.>> CHARLES HERVEY TOWNSHEND
BREAKWATER, NEW HAVEN HARBOR,
CONNECTICUT.
The western breakwater for the project for navigation, New Haven
Harbor, Connecticut, authorized by the first section of the Act of
September 19, 1890 (26 Stat. 428), shall be known and designated as the
``Charles Hervey Townshend Breakwater''.
[[Page 121 STAT. 1215]]
SEC. 5058. STAMFORD, CONNECTICUT.
(a) In General.--The Secretary may participate in the ecosystem
restoration, navigation, flood damage reduction, and recreation
components of the Mill River and Long Island Sound revitalization
project, Stamford, Connecticut.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5059. <<NOTE: 16 USC 3801 note.>> DELMARVA CONSERVATION
CORRIDOR, DELAWARE, MARYLAND, AND
VIRGINIA.
(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 the States 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. 5060. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND MARYLAND.
(a) <<NOTE: Deadline. Public information.>> 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. 5061. 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 provided 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.--
[[Page 121 STAT. 1216]]
(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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs 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.
(D) Credit for land, easements, and rights-of-way.--
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 the 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 shall be construed to waive, limit, or otherwise affect 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
(h) Corps of Engineers Expenses.--Not more than 10 percent of the
amounts appropriated to carry out this section may be
[[Page 121 STAT. 1217]]
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.
SEC. 5062. 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) in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
the cost of construction work carried out by the
non-Federal interest for the project before the
date of the partnership agreement for 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. 5063. 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. 5064. BIG CREEK, GEORGIA, WATERSHED MANAGEMENT AND
RESTORATION PROGRAM.
(a) In General.--The Secretary may cooperate with, by providing
technical, planning, and construction assistance to, the city of
Roswell, Georgia, as the non-Federal interest and coordinator with other
local governments in the Big Creek watershed, Georgia, to assess the
quality and quantity of water resources, conduct comprehensive watershed
management planning, develop and implement water efficiency technologies
and programs, and plan, design, and construct water resource facilities
to restore the watershed.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 to carry out this section.
SEC. 5065. METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
the Metropolitan North Georgia Water Planning District.
(b) Form of Assistance.--Assistance provided 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 north Georgia, including projects
[[Page 121 STAT. 1218]]
for wastewater treatment and related facilities, elimination or control
of combined sewer overflows, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) 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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of a project under this section, in an
amount not to exceed 6 percent of the total construction
costs of the project, the cost of design work carried
out by the non-Federal interest for the project before
the date of the partnership agreement for the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs 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.
(D) Credit for land, easements, and rights-of-way.--
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 the 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.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed to waive, limit, or otherwise affect the
applicability of any provision of Federal or State
[[Page 121 STAT. 1219]]
law that would otherwise apply to a project to be carried out with
assistance provided under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 5066. SAVANNAH, GEORGIA.
(a) In General.--After completion of a Savannah Riverfront plan, the
Secretary may participate in the ecosystem restoration, recreation,
navigation, and flood damage reduction components of the plan.
(b) Coordination.--In carrying out this section, the Secretary shall
coordinate with appropriate representatives in the vicinity of Savannah,
Georgia, including the Georgia Ports Authority, the city of Savannah,
and Camden County.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5067. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL UTAH,
AND WYOMING.
Section 595 of the Water Resources Development Act of 1999 (113
Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440)
is amended--
(1) in the section heading by striking ``and rural utah''
and inserting ``rural utah, and wyoming'';
(2) in subsections (b) and (c) by striking ``and rural
Utah'' each place it appears and inserting ``rural Utah, and
Wyoming''; and
(3) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for the period beginning with
fiscal year 2001 $150,000,000 for rural Nevada, $25,000,000 for each of
Montana and New Mexico, $55,000,000 for Idaho, $50,000,000 for rural
Utah, and $30,000,000 for Wyoming. Such sums shall remain available
until expended.''.
SEC. 5068. 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. 5069. 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 Administrator of the
Federal Emergency Management Agency to ensure the validity of the maps
developed under the project for flood insurance purposes.
[[Page 121 STAT. 1220]]
(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) Limitation on Statutory Construction.--Nothing in this section
shall be construed to modify the prioritization of map updates or the
substantive requirements of the Federal Emergency Management Agency
flood map modernization program authorized by section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000.
SEC. 5070. RECONSTRUCTION OF ILLINOIS AND MISSOURI 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) Prairie Du Pont Levee and Sanitary District, including
Fish Lake Drainage and Levee District, Illinois.
(4) Cairo, Illinois Mainline Levee, Cairo, Illinois.
(5) Goose Pond Pump Station, Cairo, Illinois.
(6) Cottonwood Slough Pump Station, Alexander County,
Illinois.
(7) 10th and 28th Street Pump Stations, Cairo, Illinois.
(8) Flood control levee projects in Brookport, Shawneetown,
Old Shawneetown, Golconda, Rosiclare, Harrisburg, and
Reevesville, Illinois.
(9) City of St. Louis, Missouri.
(10) Missouri River Levee Drainage District, Missouri.
[[Page 121 STAT. 1221]]
(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 $50,000,000 to carry out this section.
SEC. 5071. 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) Maximum Federal Share.--Section 519(c)(3) of such Act (114 Stat.
2654) is amended by striking ``$5,000,000'' and inserting
``$20,000,000''.
(c) 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''.
(d) Monitoring.--Section 519 of such Act (114 Stat. 2654) is amended
by adding at the end the following:
``(h) <<NOTE: Public information.>> Monitoring.--The Secretary shall
develop an Illinois River basin monitoring program to support the plan
developed under 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, including on the
Internet.''.
SEC. 5072. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO SHORELINE,
CHICAGO, ILLINOIS.
(a) Review.--
(1) In general.--The Secretary shall conduct a third-party
review of the Promontory Point feature of the project for storm
damage reduction and shoreline erosion protection, Lake
Michigan, Illinois, from Wilmette, Illinois, to the Illinois-
Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), 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 under
paragraph (1).
(3) Standards.--The review under paragraph (1) shall be
based on the standards under part 68 of title 36, Code of
Federal Regulations (or any successor regulation).
(b) Contributions.--The Secretary may accept funds from a State or
political subdivision of a State to conduct the review under paragraph
(1).
(c) Treatment.--The review under paragraph (1) shall not be
considered to be an element of the project referred to in paragraph (1).
(d) Effect of Section.--Nothing in this section shall be construed
to affect the authorization for the project referred to in paragraph
(1).
SEC. 5073. 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.--
[[Page 121 STAT. 1222]]
(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 side channels 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 Kaskaskia
River Basin;
(C) the development and implementation of a long-
term resource monitoring program for the Basin;
(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 for the
Basin;
(F) the development and implementation of a systemic
plan for the Basin to reduce flood impacts by means of
ecosystem restoration projects; and
(G) the study and design of necessary measures to
reduce ongoing headcutting and restore the aquatic
environment of the Basin that has been degraded by the
headcutting that has occurred above the existing grade
control structure.
(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 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 containing the comprehensive plan.
[[Page 121 STAT. 1223]]
(6) Additional studies and analyses.--After submission 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) <<NOTE: Procedures.>> 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 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
nonprofit 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.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to carry out this section.
SEC. 5074. 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.
[[Page 121 STAT. 1224]]
(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 provided 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 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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
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.
(D) Credit for land, easements, and rights-of-way.--
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 the credit may not exceed 25
percent of total project costs.
[[Page 121 STAT. 1225]]
(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 shall be construed to waive, limit, or otherwise affect 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
(h) Corps of Engineers Expenses.--Not more than 10 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.
SEC. 5075. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (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, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), 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 before the date of the partnership agreement
for 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. 5076. 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 Administrator 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.
[[Page 121 STAT. 1226]]
(f) Limitation on Statutory Construction.--Nothing in this section
shall be construed to modify the prioritization of map updates or the
substantive requirements of the Federal Emergency Management Agency
flood map modernization program authorized by section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 5077. <<NOTE: Reports.>> 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 may carry out the project at a total cost of $3,000,000.
SEC. 5078. 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 at the
end the following:
``(i) Corps of Engineers Expenses.--Not more than 10 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. 5079. 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. 5080. BATON ROUGE, LOUISIANA.
Section 219(f)(21) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (113 Stat. 336; 114 Stat. 2763A-220) is
amended by striking ``$20,000,000'' and inserting ``$35,000,000''.
SEC. 5081. 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. 5082. 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 provided under this section may
be in the form of design and construction assistance
[[Page 121 STAT. 1227]]
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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
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.
(D) Credit for land, easements, and rights-of-way.--
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 the 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 shall be construed to waive, limit, or otherwise affect the
applicability of any provision of Federal or State
[[Page 121 STAT. 1228]]
law that would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
(h) Corps of Engineers Expenses.--Not more than 10 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.
SEC. 5083. INNER HARBOR NAVIGATION CANAL LOCK PROJECT, LOUISIANA.
Not <<NOTE: Deadline.>> later than July 1, 2008, the Secretary
shall--
(1) issue a final environmental impact statement relating to
the Inner Harbor Navigation Canal Lock project, Louisiana; and
(2) develop and maintain a transportation mitigation program
relating to that project in coordination with--
(A) St. Bernard Parish;
(B) Orleans Parish;
(C) the Old Arabi Neighborhood Association; and
(D) other interested parties.
SEC. 5084. <<NOTE: 33 USC 1273 note.>> LAKE PONTCHARTRAIN,
LOUISIANA.
For purposes of carrying out section 121 of the Federal Water
Pollution Control Act (33 U.S.C. 1273), the Lake Pontchartrain,
Louisiana, basin stakeholders conference convened by the Environmental
Protection Agency, National Oceanic and Atmospheric Administration, and
United States Geological Survey on February 25, 2002, shall be treated
as being a management conference convened under section 320 of such Act
(33 U.S.C. 1330).
SEC. 5085. SOUTHEAST LOUISIANA REGION, LOUISIANA.
(a) Definition of Southeast Louisiana Region.--In this section, the
term ``Southeast Louisiana Region'' means any of the following parishes
and municipalities in the State of Louisiana:
(1) Orleans.
(2) Jefferson.
(3) St. Tammany.
(4) Tangipahoa.
(5) St. Bernard.
(6) St. Charles.
(7) St. John.
(8) Plaquemines.
(b) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in the
Southeast Louisiana Region.
(c) Form of Assistance.--Assistance provided 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 Southeast Louisiana Region, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and
[[Page 121 STAT. 1229]]
surface water resource protection and development (including projects to
improve water quality in the Lake Pontchartrain basin).
(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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs 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.
(D) Credit for land, easements, and rights-of-way.--
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 the 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 shall be construed to waive, limit, or otherwise affect 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any
[[Page 121 STAT. 1230]]
project carried out 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.--Not more than 10 percent of
amounts made available 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 $17,000,000.
SEC. 5086. WEST BATON ROUGE PARISH, LOUISIANA.
(a) Modification of Study.--The study for the project 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 to add West Feliciana Parish and East Baton Rouge Parish to the
geographic scope of the study.
(b) Construction.--The Secretary may, upon completion of the study,
participate in the ecosystem restoration, navigation, flood damage
reduction, and recreation components of the project.
(c) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project the cost of design work
carried out by the non-Federal interest for the project before the date
of the partnership agreement for the project.
(d) 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.''.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 5087. 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)).
[[Page 121 STAT. 1231]]
(f) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section.
SEC. 5088. ST. MARY'S RIVER, MARYLAND.
(a) In General.--The Secretary shall carry out the project for
shoreline protection, St. Mary's River, Maryland, 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).
(b) Use of Funds.--In carrying out the project under subsection (a),
the Secretary shall use funds made available for such project under
Energy and Water Development Appropriations Act, 2006 (Public Law 109-
103).
SEC. 5089. 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. 5090. <<NOTE: Study.>> 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) and reauthorized by section 363 of the Water
Resources Development Act of 1996 (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. 5091. 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. 5092. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
(a) Project Description.--Section 219(f)(61) of the Water Resources
Development Act of 1992 <<NOTE: 106 Stat. 4835; 113 Stat. 335.>> (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 established by the treaty of
February 22, 1855 (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.''.
[[Page 121 STAT. 1232]]
(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. 5093. ITASCA COUNTY, MINNESOTA.
The Secretary shall carry out a project for flood damage reduction,
Trout Lake and Canisteo Pit, Itasca County, Minnesota, without regard to
normal policy considerations.
SEC. 5094. 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. 5095. 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.'';
(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.--Not more than 10 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. 5096. 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
[[Page 121 STAT. 1233]]
the completion of such report, shall construct the project at a total
cost of $20,000,000.
SEC. 5097. MISSISSIPPI.
Section 592(g) of the Water Resources Development Act of 1999 (113
Stat. 380; 117 Stat. 1837) is amended by striking ``$100,000,000'' and
inserting ``$110,000,000''.
SEC. 5098. 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 projects in the form of in-kind services and materials.
SEC. 5099. 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 (36 Stat. 630), 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. 5100. ST. LOUIS, MISSOURI.
Section 219(f)(32) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (113 Stat. 337) is amended--
(1) by striking ``a 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. 5101. ST. LOUIS REGIONAL GREENWAYS, ST. LOUIS, MISSOURI.
(a) In General.--The Secretary may participate in the ecosystem
restoration, recreation, and flood damage reduction components of the
St. Louis Regional Greenways Proposal of the Metropolitan Park and
Recreation District, St. Louis, Missouri, dated March 31, 2004.
(b) Coordination.--In carrying out this section, the Secretary shall
coordinate with appropriate representatives in the vicinity of St.
Louis, Missouri, including the Metropolitan Park and Recreation
District, the city of St. Louis, St. Louis County, and St. Charles
County.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
[[Page 121 STAT. 1234]]
SEC. 5102. MISSOULA, MONTANA.
(a) In General.--The Secretary may participate in the ecosystem
restoration, flood damage reduction, and recreation components of the
Clark Fork River Revitalization Project, Missoula, Montana.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 5103. ST. MARY PROJECT, GLACIER COUNTY, MONTANA.
(a) In General.--The Secretary, in consultation with the Bureau of
Reclamation, shall conduct all necessary studies, develop an emergency
response plan, provide technical and planning and design assistance, and
rehabilitate and construct the St. Mary Diversion and Conveyance Works
project located within the exterior boundaries of the Blackfeet
Reservation in the State of Montana, at a total cost of $153,000,000.
(b) Federal Share.--The Federal share of the total cost of the
project under this section shall be 75 percent.
(c) Participation by Blackfeet Tribe and Fort Belknap Indian
Community.--
(1) In general.--Except as provided in paragraph (2), no
construction shall be carried out under this section until the
earlier of--
(A) the date on which Congress approves the reserved
water rights settlements of the Blackfeet Tribe and the
Fort Belknap Indian Community; and
(B) January 1, 2011.
(2) Exception.--Paragraph (1) shall not apply with respect
to construction relating to--
(A) standard operation and maintenance; or
(B) emergency repairs to ensure water transportation
or the protection of life and property.
(3) Requirement.--The Blackfeet Tribe shall be a participant
in all phases of the project authorized by this section.
SEC. 5104. LOWER PLATTE RIVER WATERSHED RESTORATION, NEBRASKA.
(a) In General.--The Secretary may cooperate with and provide
assistance to the Lower Platte River natural resources districts in the
State of Nebraska to serve as non-Federal interests with respect to--
(1) conducting comprehensive watershed planning in the
natural resource districts;
(2) assessing water resources in the natural resource
districts; and
(3) providing project feasibility planning, design, and
construction assistance for water resource and watershed
management in the natural resource districts, including projects
for environmental restoration and flood damage reduction.
(b) Funding.--
(1) Federal share.--The Federal share of the cost of
carrying out an activity described in subsection (a)(1) shall be
75 percent.
(2) Non-federal share.--The non-Federal share of the cost of
carrying out an activity described in subsection (a) may be
provided in cash or in kind.
[[Page 121 STAT. 1235]]
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $12,000,000.
SEC. 5105. 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)--
(A) by striking ``non-Federal sponsor'' and
inserting ``non-Federal interest''; and
(B) by inserting before the last sentence the
following: ``The non-Federal interest may also provide
in-kind services not to exceed the non-Federal share of
the total project cost.'';
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (c) the following:
``(d) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of a project to be carried out
under the program developed under subsection (a) the cost of design work
carried out by the non-Federal interest for the project before the date
of the partnership agreement for the project.''; and
(6) in subsection (e) (as redesignated by paragraph (4) of
this subsection) by striking ``$5,000,000'' and inserting
``$20,000,000''.
SEC. 5106. 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)'';
[[Page 121 STAT. 1236]]
(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 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 <<NOTE: 106 Stat. 4863.>> (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. 5107. 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. 5108. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK.
The Secretary shall credit, in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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.
SEC. 5109. 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 with respect to the Hudson River.
There <<NOTE: Appropriation authorization.>> is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5110. 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.
[[Page 121 STAT. 1237]]
SEC. 5111. NORTH HEMPSTEAD AND GLEN COVE NORTH SHORE WATERSHED
RESTORATION, NEW YORK.
(a) In General.--The Secretary may participate in the ecosystem
restoration, navigation, flood damage reduction, and recreation
components of the North Hempstead and Glen Cove North Shore watershed
restoration, New York.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5112. ROCHESTER, NEW YORK.
(a) In General.--The Secretary may participate in the ecosystem
restoration, navigation, flood damage reduction, and recreation
components of the Port of Rochester waterfront revitalization project,
Rochester, New York.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5113. NORTH CAROLINA.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
the State of North Carolina.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for environmental
infrastructure and resource protection and development projects in North
Carolina, including projects for--
(1) wastewater treatment and related facilities;
(2) combined sewer overflow, water supply, storage,
treatment, and related facilities;
(3) drinking water infrastructure including treatment and
related facilities;
(4) environmental restoration;
(5) stormwater infrastructure; and
(6) surface water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) 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 development plan or resource
protection plan, including appropriate 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 cost of a
project under this section--
(i) shall be 75 percent; and
[[Page 121 STAT. 1238]]
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project, in an amount not to exceed 6
percent of the total construction costs of the project,
the cost of design work carried out by the non-Federal
interest for the project before the date of the
partnership agreement for the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs 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.
(D) Credit for land, easements, and rights-of-way.--
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).
(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.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed to waive, limit, or otherwise affect 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.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $13,000,000.
SEC. 5114. STANLY COUNTY, NORTH CAROLINA.
Section 219(f)(64) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835; 113 Stat. 335.>> (114 Stat. 2763A-221) is
amended by inserting ``water and'' before ``wastewater''.
SEC. 5115. <<NOTE: Contracts.>> 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. 5116. CINCINNATI, OHIO.
(a) In General.--The Secretary may undertake the ecosystem
restoration and recreation components of the Central Riverfront Park
Master Plan, dated December 1999, at a total cost of $30,000,000.
(b) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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 the project before the date of the partnership agreement for the
project.
[[Page 121 STAT. 1239]]
SEC. 5117. OHIO RIVER BASIN ENVIRONMENTAL MANAGEMENT.
(a) Definitions.--In this section, the following definitions apply:
(1) Ohio river basin.--The term ``Ohio River Basin'' means
the Ohio River, its backwaters, its side channels, and all
tributaries (including their watersheds) that drain into the
Ohio River and encompassing areas of any of the States of
Indiana, Ohio, Kentucky, Pennsylvania, West Virginia, Illinois,
New York, and Virginia.
(2) Compact.--The term ``Compact'' means the Ohio River
Watershed Sanitation Commission flood and pollution control
compact between the States of Indiana, West Virginia, Ohio,
Kentucky, Pennsylvania, New York, Illinois, and Virginia, to
which consent was given by Congress pursuant to the Act of July
11, 1940 (54 Stat. 752) and that was chartered in 1948.
(b) Assistance.--The Secretary may provide planning, design, and
construction assistance to the Compact for the improvement of the
quality of the environment in and along the Ohio River Basin.
(c) Priorities.--In providing assistance under this section, the
Secretary shall give priority to reducing or eliminating the presence of
organic pollutants in the Ohio River Basin through the renovation and
technological improvement of the organic detection system monitoring
stations along the Ohio River in the States of Indiana, Ohio, West
Virginia, Kentucky, and Pennsylvania.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 5118. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL TOWNSHIP,
OHIO.
(a) In General.--The costs of operation and maintenance activities
for the Toussaint River Federal navigation project, Carroll Township,
Ohio, that are carried out in accordance with section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577) and relate directly to the
presence of unexploded ordnance, shall be carried out at Federal
expense.
(b) Calculation of Total Costs.--The Secretary shall not consider
the additional costs of dredging due to the presence of unexploded
ordnance when calculating the costs of the project referred to in
subsection (a) for the purposes of section 107(b) of such Act (33 U.S.C.
577(b)).
SEC. 5119. STATEWIDE COMPREHENSIVE WATER PLANNING, OKLAHOMA.
(a) In General.--The Secretary shall provide technical assistance
for the development of updates of the Oklahoma comprehensive water plan.
(b) Technical Assistance.--Technical assistance provided under
subsection (a) may include--
(1) acquisition of hydrologic data, groundwater
characterization, database development, and data distribution;
(2) expansion of surface water and groundwater monitoring
networks;
(3) assessment of existing water resources, surface water
storage, and groundwater storage potential;
[[Page 121 STAT. 1240]]
(4) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water management
options;
(5) participation in State planning forums and planning
groups;
(6) coordination of Federal water management planning
efforts; and
(7) technical review of data, models, planning scenarios,
and water plans developed by the State.
(c) Allocation.--The Secretary shall allocate, subject to the
availability of appropriations, $6,500,000 to provide technical
assistance and for the development of updates of the Oklahoma
comprehensive water plan.
(d) Cost Sharing Requirement.--The non-Federal share of the total
cost of any activity carried out under this section--
(1) shall be 25 percent; and
(2) may be in the form of cash or any in-kind services that
the Secretary determines would contribute substantially toward
the conduct and completion of the activity assisted.
SEC. 5120. 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. 5121. ALLEGHENY COUNTY, PENNSYLVANIA.
Section 219(f)(66) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835; 113 Stat. 335.>> (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, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of work carried out
by the non-Federal interest for the project before the
date of the partnership agreement for 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. 5122. CLINTON COUNTY, PENNSYLVANIA.
Section 219(f)(13) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (113 Stat. 335) is amended by striking
``$1,000,000'' and inserting ``$2,000,000''.
SEC. 5123. 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. 5124. 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
[[Page 121 STAT. 1241]]
along the Lehigh River in Lehigh County, Pennsylvania. There is
authorized to be appropriated $500,000 to carry out this section.
SEC. 5125. NORTHEAST PENNSYLVANIA.
Section 219(f)(11) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (113 Stat. 335) is amended by striking
``and Monroe'' and inserting ``Northumberland, Union, Snyder, Luzerne,
and Monroe''.
SEC. 5126. 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) Partnership Agreements.--Section 567(c) of such Act (114 Stat.
2662) is amended--
(1) in the subsection heading by striking ``Cooperation''
and inserting ``Partnership''; and
(2) in the first sentence--
(A) by inserting ``and carrying out'' after
``developing''; and
(B) by striking ``cooperation'' and inserting
``cost-sharing and partnership''.
(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--
[[Page 121 STAT. 1242]]
``(1) in accordance with section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), the cost of design and
construction work carried out by the non-Federal interest for
the project before the date of the partnership agreement for the
project; and
``(2) the cost of in-kind services and materials provided
for the project by the non-Federal interest.''.
SEC. 5127. <<NOTE: Reports.>> 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 $150,000,000.
SEC. 5128. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.
Section 219(f)(25) of the Water Resources Development Act of
1992 <<NOTE: 106 Stat. 4835.>> (113 Stat. 336; 114 Stat. 2763A-220; 117
Stat. 1838) is amended by striking ``$35,000,000'' and inserting
``$60,000,000''.
SEC. 5129. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE,
AND TERRESTRIAL WILDLIFE HABITAT
RESTORATION, SOUTH DAKOTA.
(a) Disbursement Provisions of State of South Dakota and Cheyenne
River Sioux Tribe and 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
[[Page 121 STAT. 1243]]
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.
[[Page 121 STAT. 1244]]
``(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.
[[Page 121 STAT. 1245]]
``(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) <<NOTE: Appropriation authorization.>> 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 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
[[Page 121 STAT. 1246]]
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 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
[[Page 121 STAT. 1247]]
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. 5130. 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 provided 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
[[Page 121 STAT. 1248]]
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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of design work
carried out by the non-Federal interest for the project
before the date of the partnership agreement for the
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) Credit for land, easements, and rights-of-way.--
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 the 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 shall be construed to waive, limit, or otherwise affect 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
(h) Corps of Engineers Expenses.--Not more than 10 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.
[[Page 121 STAT. 1249]]
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5131. <<NOTE: Study.>> 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).
SEC. 5132. <<NOTE: National Trail System.>> 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. 5133. NASHVILLE, TENNESSEE.
(a) In General.--The Secretary may participate in the ecosystem
restoration, recreation, navigation, and flood damage reduction
components of the Nashville Riverfront Concept Plan, dated February
2007.
(b) Coordination.--In carrying out this section, the Secretary shall
coordinate with appropriate representatives in the vicinity of
Nashville, Tennessee, including the Nashville Parks and Recreation
Department, the city of Nashville, and Davidson County.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5134. NONCONNAH WEIR, MEMPHIS, TENNESSEE.
The project for flood control, Nonconnah Creek, Tennessee and
Mississippi, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4124) and modified by the section 334
of the Water Resources Development Act of 2000 (114 Stat. 2611), is
modified to authorize the Secretary--
(1) to reconstruct, at Federal expense, the weir originally
constructed in the vicinity of the mouth of Nonconnah Creek; and
(2) to make repairs and maintain the weir in the future so
that the weir functions properly.
SEC. 5135. 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
[[Page 121 STAT. 1250]]
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. 5136. 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. 5137. 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 to coordinate the protection of
groundwater supply and groundwater quality of the Embayment with local
surface water protection programs. <<NOTE: Appropriation
authorization.>> There is authorized to be appropriated $5,000,000 to
carry out this section.
SEC. 5138. TEXAS.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
the State of Texas.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of planning, design, and construction assistance for
water-related environmental infrastructure and resource protection and
development projects in Texas, including projects for water supply,
storage, treatment, and related facilities, water quality protection,
wastewater treatment, and related facilities, environmental restoration,
and surface water resource protection, and development, as identified by
the Texas Water Development Board.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement with a
non-Federal interest.
(e) Cost Sharing.--
(1) In general.--The Federal share of the cost of the
project under this section--
(A) shall be 75 percent; and
(B) may be provided in the form of grants or
reimbursements of project costs.
(2) In-kind services.--The non-Federal share may be provided
in the form of materials and in-kind services, including
planning, design, construction, and management services, as the
Secretary determines to be compatible with, and necessary for,
the project.
[[Page 121 STAT. 1251]]
(3) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), toward the non-Federal share of the cost of
the project the cost of design work carried out by the non-
Federal interest for the project before the date of the
partnership agreement for the project.
(4) Credit for land, easements, and rights-of-way.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share of
project costs.
(5) 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 shall be construed to waive, limit, or otherwise affect 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) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5139. 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 Nonprofit Institutions and Other Entities.--In
carrying out subsection (a), the Secretary may utilize, through
contracts or other means, the services of nonprofit institutions and
such other entities as the Secretary considers appropriate.
(c) Non-Federal Share.--
(1) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 the project before the date of the
partnership agreement for the project.
(2) Development of comprehensive plan.--The non-Federal
share of the cost of development of the plan under subsection
(a) shall be 25 percent.
(3) 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. 5140. 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.
[[Page 121 STAT. 1252]]
(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 provided 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 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 cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for work.--The Secretary shall credit, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost design work carried
out by the non-Federal interest for the project before
the date of the partnership agreement for the 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.
(D) Credit for land, easements, and rights-of-way.--
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 the credit may not exceed 25
percent of total project costs.
[[Page 121 STAT. 1253]]
(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 shall be construed to waive, limit, or otherwise affect 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.
(h) Corps of Engineers Expenses.--Not more than 10 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.
SEC. 5141. 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, in
accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), 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 the project before
the date of the partnership agreement for 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. 5142. HARRIS COUNTY, TEXAS.
Section 575(b) of the Water Resources Development Act of 1996 (110
Stat. 3789; 113 Stat. 311) is amended--
(1) in paragraph (3) by striking ``and'' at the end;
[[Page 121 STAT. 1254]]
(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. 5143. 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, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), 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 the project before the date of the
partnership agreement for 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. 5144. ONION CREEK, TEXAS.
(a) <<NOTE: Study.>> Inclusion of Costs and Benefits of Relocation
of Flood-Prone Residences.--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.
(b) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project referred to in subsection
(a) the cost of relocation of those flood-prone residences described in
subsection (a) that are incurred by the non-Federal interest before the
date of the partnership agreement for the project.
SEC. 5145. CONNECTICUT RIVER DAMS, VERMONT.
(a) In General.--The Secretary shall evaluate, design, and carry out
structural modifications at Federal cost to the Union
[[Page 121 STAT. 1255]]
Village Dam (Ompompanoosuc River), North Hartland Dam (Ottauquechee
River), North Springfield Dam (Black River), Ball Mountain Dam (West
River), and Townshend Dam (West River), Vermont, to regulate flow and
temperature to mitigate downstream impacts on aquatic habitat and
fisheries.
(b) Inclusion.--During the evaluation and design portion of the
modifications authorized by this section, the Secretary shall ensure
that a sustainable flow analysis is conducted for each dam.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
(a) Dispersal Barrier Project.--The Secretary shall determine, at
Federal expense, the feasibility of a dispersal barrier project at the
Lake Champlain Canal, Vermont and New York, to prevent the spread of
aquatic nuisance species.
(b) Construction, Maintenance, and Operation.--If the Secretary
determines that the project described in subsection (a) is feasible, the
Secretary shall construct, maintain, and operate a dispersal barrier at
the Lake Champlain Canal at Federal expense.
SEC. 5147. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA.
The Secretary shall accept funds from the National Park Service to
restore Dyke Marsh, Fairfax County, Virginia.
SEC. 5148. 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, in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the cost of the project the cost of work carried out
by the non-Federal interest for the project before the
date of the partnership agreement for 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. 5149. JAMES RIVER, VIRGINIA.
The Secretary shall accept funds from the National Park Service to
provide technical and project management assistance for the James River,
Virginia, with a particular emphasis on locations along the shoreline
adversely impacted by Hurricane Isabel.
SEC. 5150. <<NOTE: Study.>> 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.
[[Page 121 STAT. 1256]]
SEC. 5151. HAMILTON ISLAND CAMPGROUND, WASHINGTON.
The Secretary is authorized to plan, design, and construct a
campground for Bonneville Lock and Dam at Hamilton Island (also known as
``Strawberry Island'') in Skamania County, Washington.
SEC. 5152. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY,
WASHINGTON.
(a) In General.--The Lower Columbia River levees and bank protection
works authorized by section 204 of the Flood Control Act of 1950 (64
Stat. 178) is modified with regard to the Wahkiakum County diking
districts No. 1 and 3, but without regard to any cost ceiling authorized
before the date of enactment of this Act, to direct the Secretary to
provide a one-time placement of dredged material along portions of the
Columbia River shoreline of Puget Island, Washington, between river
miles 38 to 47, and the shoreline of Westport Beach, Clatsop County,
Oregon, between river miles 43 to 45, to protect economic and
environmental resources in the area from further erosion.
(b) Coordination and Cost-Sharing Requirements.--The Secretary shall
carry out subsection (a)--
(1) in coordination with appropriate resource agencies; and
(2) at Federal expense.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 5153. 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. 5154. 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''.
[[Page 121 STAT. 1257]]
SEC. 5155. 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.--In accordance with 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.
``(j) Corps of Engineers Expenses.--Not more than 10 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. 5156. 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.--Not more than 10 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.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 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.''.
SEC. 5157. 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
[[Page 121 STAT. 1258]]
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).
``(17) Menomonee river watershed, wisconsin.--The project
for the Menomonee River Watershed, Wisconsin, including--
``(A) the Underwood Creek diversion facility project
(Milwaukee County Grounds); and
``(B) the Greater Milwaukee Rivers watershed
project.''.
SEC. 5158. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Section 219 of the Water Resources Development Act of 1992 (106
Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat.
2763A-219; 119 Stat. 2255) is amended--
(1) in subsection (c)(5) by striking ``a project for the
elimination or control of combined sewer overflows'' and
inserting ``projects for the design, installation, enhancement,
or repair of sewer systems'';
(2) in subsection (e)(1) by striking ``$20,000,000'' and
inserting ``$32,500,000''; and
(3) in subsection (f)--
(A) 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.'';
(B) by redesignating the paragraph (71) relating to
Placer and El Dorado Counties, California, as paragraph
(73);
(C) by redesignating the paragraph (72) relating to
Lassen, Plumas, Butte, Sierra, and Nevada Counties,
California, as paragraph (74);
(D) 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.'';
(E) by redesignating the paragraph (73) relating to
St. Croix Falls, Wisconsin, as paragraph (76);
(F) by redesignating paragraph (72), relating to
Alpine, California, as paragraph (77); and
(G) by adding at the end the following:
``(78) St. clair county, alabama.--$5,000,000 for water
related infrastructure, St. Clair County, Alabama.
``(79) Crawford county, arkansas.--$35,000,000 for water
supply infrastructure, Crawford County, Arkansas.
``(80) 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.
``(81) Aliso creek, orange county, california.--$5,000,000
for water related infrastructure, Aliso Creek, Orange County,
California.
``(82) Amador county, california.--$3,000,000 for wastewater
collection and treatment infrastructure, Amador County,
California.
[[Page 121 STAT. 1259]]
``(83) 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.
``(84) Big bear area regional wastewater agency,
california.--$15,000,000 for water reclamation and distribution
infrastructure, Big Bear Area Regional Wastewater Agency,
California.
``(85) Brawley colonia, imperial county, california.--
$1,400,000 for water infrastructure to improve water quality in
the Brawley Colonia Water District, Imperial County, California.
``(86) Calaveras county, california.--$3,000,000 for water
supply and wastewater infrastructure improvement projects in
Calaveras County, California, including wastewater reclamation,
recycling, and conjunctive use projects.
``(87) Contra costa water district, california.--$23,000,000
for water and wastewater infrastructure for the Contra Costa
Water District, California.
``(88) 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.
``(89) East palo alto, california.--$4,000,000 for a new
pump station and stormwater management and drainage system, East
Palo Alto, California.
``(90) 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.
``(91) La habra, california.--$5,000,000 for wastewater and
water related infrastructure, city of La Habra, California.
``(92) La mirada, california.--$4,000,000 for the planning,
design, and construction of a stormwater program in La Mirada,
California.
``(93) 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.
``(94) Los angeles county, california.--$20,000,000 for the
planning, design, and construction of water related
infrastructure for Santa Monica Bay and the coastal zone of Los
Angeles County, California.
``(95) Malibu, california.--$3,000,000 for municipal
wastewater and recycled water infrastructure, Malibu Creek
Watershed Protection Project, Malibu, California.
``(96) Montebello, california.--$4,000,000 for water
infrastructure improvements in south Montebello, California.
``(97) New river, california.--$10,000,000 for wastewater
infrastructure to improve water quality in the New River,
California.
``(98) Orange county, california.--$10,000,000 for
wastewater and water related infrastructure, Anaheim, Brea,
Mission Viejo, Rancho Santa Margarita, and Yorba Linda, Orange
County, California.
[[Page 121 STAT. 1260]]
``(99) Port of stockton, stockton, california.--$3,000,000
for water and wastewater infrastructure projects for Rough and
Ready Island and vicinity, Stockton, California.
``(100) Perris, california.--$3,000,000 for recycled water
transmission infrastructure, Eastern Municipal Water District,
Perris, California.
``(101) San bernardino county, california.--$9,000,000 for
wastewater and water related infrastructure, Chino and Chino
Hills, San Bernardino County, California.
``(102) Santa clara county, california.--$5,500,000 for an
advanced recycling water treatment plant in Santa Clara County,
California.
``(103) Santa monica, california.--$3,000,000 for improving
water system reliability, Santa Monica, California.
``(104) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the groundwater
basin optimization pipeline, Southern Los Angeles County,
California.
``(105) Stockton, california.--$33,000,000 for water
treatment and distribution infrastructure, Stockton, California.
``(106) Sweetwater reservoir, san diego county,
california.--$375,000 to improve water quality and remove
nonnative aquatic nuisance species from the Sweetwater
Reservoir, San Diego County, California.
``(107) Whittier, california.--$8,000,000 for water,
wastewater, and water related infrastructure, Whittier,
California.
``(108) Arkansas valley conduit, colorado.--$10,000,000 for
the Arkansas Valley Conduit, Colorado.
``(109) Boulder county, colorado.--$10,000,000 for water
supply infrastructure, Boulder County, Colorado.
``(110) 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.
``(111) Otero, bent, crowley, kiowa, and prowers counties,
colorado.--$35,000,000 for water transmission infrastructure,
Otero, Bent, Crowley, Kiowa, and Prowers Counties, Colorado.
``(112) Pueblo and otero counties, colorado.--$34,000,000
for water transmission infrastructure, Pueblo and Otero
Counties, Colorado.
``(113) Enfield, connecticut.--$1,000,000 for infiltration
and inflow correction, Enfield, Connecticut.
``(114) Ledyard and montville, connecticut.--$7,113,000 for
water infrastructure, Ledyard and Montville, Connecticut.
``(115) New haven, connecticut.--$300,000 for stormwater
system improvements, New Haven, Connecticut.
``(116) Norwalk, connecticut.--$3,000,000 for the Keeler
Brook Storm Water Improvement Project, Norwalk, Connecticut.
``(117) Plainville, connecticut.--$6,280,000 for wastewater
treatment, Plainville, Connecticut.
``(118) Southington, connecticut.--$9,420,000 for water
supply infrastructure, Southington, Connecticut.
``(119) Anacostia river, district of columbia and
maryland.--$20,000,000 for environmental infrastructure and
[[Page 121 STAT. 1261]]
resource protection and development to enhance water quality and
living resources in the Anacostia River watershed, District of
Columbia and Maryland.
``(120) District of columbia.--$35,000,000 for
implementation of a combined sewer overflow long-term control
plan in the District of Columbia.
``(121) Charlotte county, florida.--$3,000,000 for water
supply infrastructure, Charlotte County, Florida.
``(122) Charlotte, lee, and collier counties, florida.--
$20,000,000 for water supply interconnectivity infrastructure,
Charlotte, Lee, and Collier Counties, Florida.
``(123) Collier county, florida.--$5,000,000 for water
infrastructure to improve water quality in the vicinity of the
Gordon River, Collier County, Florida.
``(124) Hillsborough county, florida.--$6,250,000 for water
infrastructure and supply enhancement, Hillsborough County,
Florida.
``(125) Jacksonville, florida.--$25,000,000 for wastewater
related infrastructure, including septic tank replacements,
Jacksonville, Florida.
``(126) Sarasota county, florida.--$10,000,000 for water and
wastewater infrastructure in Sarasota County, Florida.
``(127) South seminole and north orange county, florida.--
$30,000,000 for wastewater infrastructure for the South Seminole
and North Orange Wastewater Transmission Authority, Florida.
``(128) Miami-dade county, florida.--$6,250,000 for water
reuse supply and a water transmission pipeline, Miami-Dade
County, Florida.
``(129) Palm beach county, florida.--$7,500,000 for water
infrastructure, Palm Beach County, Florida.
``(130) Albany, georgia.--$4,000,000 for a storm drainage
system, Albany, Georgia.
``(131) Banks county, georgia.--$5,000,000 for water
infrastructure improvements, Banks County, Georgia.
``(132) Berrien county, georgia.--$5,000,000 for water
infrastructure improvements, Berrien County, Georgia.
``(133) Chattooga county, georgia.--$8,000,000 for
wastewater and drinking water infrastructure improvement,
Chattooga County, Georgia.
``(134) Chattooga, floyd, gordon, walker, and whitifield
counties, georgia.--$10,000,000 for water infrastructure
improvements, Armuchee Valley, Chattooga, Floyd, Gordon, Walker,
and Whitifield Counties, Georgia.
``(135) Dahlonega, georgia.--$5,000,000 for water
infrastructure improvements, Dahlonega, Georgia.
``(136) East point, georgia.--$5,000,000 for water
infrastructure improvements, city of East Point, Georgia.
``(137) 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.
``(138) Meriwether and spalding counties, georgia.--
$7,000,000 for water and wastewater infrastructure, Meriwether
and Spalding Counties, Georgia.
[[Page 121 STAT. 1262]]
``(139) Moultrie, georgia.--$5,000,000 for water supply
infrastructure, Moultrie, Georgia.
``(140) Stephens county/city of toccoa, georgia.--$8,000,000
water infrastructure improvements, Stephens County/city of
Toccoa, Georgia.
``(141) North vernon and butlerville, indiana.--$1,700,000
for wastewater infrastructure, North Vernon and Butlerville,
Indiana.
``(142) Salem, washington county, indiana.--$3,200,000 for
water supply infrastructure, Salem, Washington County, Indiana.
``(143) Atchison, kansas.--$20,000,000 to address combined
sewer overflows, Atchison, Kansas.
``(144) 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.
``(145) Lafayette, louisiana.--$1,200,000 for water and
wastewater improvements, Lafayette, Louisiana.
``(146) Lafourche parish, louisiana.--$2,300,000 for
measures to prevent the intrusion of saltwater into the
freshwater system, Lafourche Parish, Louisiana.
``(147) Lake charles, louisiana.--$1,000,000 for water and
wastewater improvements, Lake Charles, Louisiana.
``(148) Northwest louisiana council of governments,
louisiana.--$2,000,000 for water and wastewater improvements,
Northwest Louisiana Council of Governments, Louisiana.
``(149) Ouachita parish, louisiana.--$1,000,000 for water
and wastewater improvements, Ouachita Parish, Louisiana.
``(150) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine, Louisiana.
``(151) Rapides area planning commission, louisiana.--
$1,000,000 for water and wastewater improvements, Rapides,
Louisiana.
``(152) Shreveport, louisiana.--$20,000,000 for water supply
infrastructure in Shreveport, Louisiana.
``(153) South central planning and development commission,
louisiana.--$2,500,000 for water and wastewater improvements,
South Central Planning and Development Commission, Louisiana.
``(154) Union-lincoln regional water supply project,
louisiana.--$2,000,000 for the Union-Lincoln Regional Water
Supply project, Louisiana.
``(155) Chesapeake bay improvements, maryland, virginia, and
district of columbia.--$30,000,000 for environmental
infrastructure projects to benefit the Chesapeake Bay, including
the nutrient removal project at the Blue Plains Wastewater
Treatment facility in the District of Columbia.
``(156) Chesapeake bay region, maryland and virginia.--
$40,000,000 for water pollution control, Chesapeake Bay Region,
Maryland and Virginia.
``(157) Michigan combined sewer overflows.--$35,000,000 for
correction of combined sewer overflows, Michigan.
[[Page 121 STAT. 1263]]
``(158) 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.
``(159) Central lake region sanitary district, minnesota.--
$2,000,000 for sanitary sewer and wastewater infrastructure for
the Central Lake Region Sanitary District, Minnesota, to serve
Le Grande and Moe Townships, Minnesota.
``(160) Goodview, minnesota.--$3,000,000 for water quality
infrastructure, Goodview, Minnesota.
``(161) Grand rapids, minnesota.--$5,000,000 for wastewater
infrastructure, Grand Rapids, Minnesota.
``(162) Willmar, minnesota.--$15,000,000 for wastewater
infrastructure, Willmar, Minnesota.
``(163) Biloxi, mississippi.--$5,000,000 for water and
wastewater related infrastructure, city of Biloxi, Mississippi.
``(164) Corinth, mississippi.--$7,500,000 for a surface
water program, city of Corinth, Mississippi.
``(165) Gulfport, mississippi.--$5,000,000 for water and
wastewater related infrastructure, city of Gulfport,
Mississippi.
``(166) Harrison county, mississippi.--$5,000,000 for water
and wastewater related infrastructure, Harrison County,
Mississippi.
``(167) Jackson, mississippi.--$25,000,000 for water and
wastewater infrastructure, Jackson, Mississippi.
``(168) Clark county, nevada.--$30,000,000 for wastewater
infrastructure, Clark County, Nevada.
``(169) Clean water coalition, nevada.--$50,000,000 for the
Systems Conveyance and Operations Program, Clark County,
Henderson, Las Vegas, and North Las Vegas, Nevada.
``(170) Glendale dam diversion structure, nevada.--
$10,000,000 for water system improvements to the Glendale Dam
Diversion Structure for the Truckee Meadows Water Authority,
Nevada.
``(171) Henderson, nevada.--$13,000,000 for wastewater
infrastructure, Henderson, Nevada.
``(172) Indian springs, nevada.--$12,000,000 for
construction of wastewater system improvements for the Indian
Springs community, Nevada.
``(173) Reno, nevada.--$13,000,000 for construction of a
water conservation project for the Highland Canal, Mogul Bypass
in Reno, Nevada.
``(174) Washoe county, nevada.--$14,000,000 for construction
of water infrastructure improvements to the Huffaker Hills
Reservoir Conservation Project, Washoe County, Nevada.
``(175) Cranford township, new jersey.--$6,000,000 for storm
sewer improvements, Cranford Township, New Jersey.
``(176) Middletown township, new jersey.--$1,100,000 for
storm sewer improvements, Middletown Township, New Jersey.
``(177) Paterson, new jersey.--$35,000,000 for wastewater
infrastructure, Paterson, New Jersey.
``(178) Rahway valley, new jersey.--$25,000,000 for sanitary
sewer and storm sewer improvements in the service area of the
Rahway Valley Sewerage Authority, New Jersey.
[[Page 121 STAT. 1264]]
``(179) Babylon, new york.--$5,000,000 for wastewater
infrastructure, Town of Babylon, New York.
``(180) Ellicottville, new york.--$2,000,000 for water
supply, water, and wastewater infrastructure in Ellicottville,
New York.
``(181) Elmira, new york.--$5,000,000 for wastewater
infrastructure, Elmira, New York.
``(182) Essex hamlet, new york.--$5,000,000 for wastewater
infrastructure, Essex Hamlet, New York.
``(183) Fleming, new york.--$5,000,000 for drinking water
infrastructure, Fleming, New York.
``(184) Kiryas joel, new york.--$5,000,000 for drinking
water infrastructure, village of Kiryas Joel, New York.
``(185) Niagara falls, new york.--$5,000,000 for wastewater
infrastructure, Niagara Falls Water Board, New York.
``(186) Patchogue, new york.--$5,000,000 for wastewater
infrastructure, village of Patchogue, New York.
``(187) Sennett, new york.--$1,500,000 for water
infrastructure, town of Sennett, New York.
``(188) 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.
``(189) Wellsville, new york.--$2,000,000 for water supply,
water, and wastewater infrastructure in Wellsville, New York.
``(190) Yates county, new york.--$5,000,000 for drinking
water infrastructure, Yates County, New York.
``(191) Cabarrus county, north carolina.--$4,500,000 for
water related infrastructure, Cabarrus County, North Carolina.
``(192) Cary, wake county, north carolina.--$4,000,000 for a
water reclamation facility, Cary, Wake County, North Carolina.
``(193) Charlotte, north carolina.--$14,000,000 for the
Briar Creek Relief Sewer project, city of Charlotte, North
Carolina.
``(194) Fayetteville, cumberland county, north carolina.--
$6,000,000 for water and sewer upgrades, city of Fayetteville,
Cumberland County, North Carolina.
``(195) Mooresville, north carolina.--$4,000,000 for water
and wastewater infrastructure improvements, town of Mooresville,
North Carolina.
``(196) Neuse regional water and sewer authority, north
carolina.--$4,000,000 for the Neuse regional drinking water
facility, Kinston, North Carolina.
``(197) Richmond county, north carolina.--$13,500,000 for
water related infrastructure, Richmond County, North Carolina.
``(198) Union county, north carolina.--$6,000,000 for water
related infrastructure, Union County, North Carolina.
``(199) Washington county, north carolina.--$1,000,000 for
water and wastewater infrastructure, Washington County, North
Carolina.
``(200) Winston-salem, north carolina.--$3,000,000 for
stormwater upgrades, city of Winston-Salem, North Carolina.
[[Page 121 STAT. 1265]]
``(201) North dakota.--$15,000,000 for water-related
infrastructure, North Dakota.
``(202) Devils lake, north dakota.--$15,000,000 for water
supply infrastructure, Devils Lake, North Dakota.
``(203) Saipan, northern mariana islands.--$20,000,000 for
water related infrastructure, Saipan, Northern Mariana Islands.
``(204) Akron, ohio.--$5,000,000 for wastewater
infrastructure, Akron, Ohio.
``(205) Burr oak regional water district, ohio.--$4,000,000
for construction of a water line to extend from a well field
near Chauncey, Ohio, to a water treatment plant near Millfield,
Ohio.
``(206) Cincinnati, ohio.--$1,000,000 for wastewater
infrastructure, Cincinnati, Ohio.
``(207) Cleveland, ohio.--$2,500,000 for Flats East Bank
water and wastewater infrastructure, city of Cleveland, Ohio.
``(208) Columbus, ohio.--$4,500,000 for wastewater
infrastructure, Columbus, Ohio.
``(209) Dayton, ohio.--$1,000,000 for water and wastewater
infrastructure, Dayton, Ohio.
``(210) Defiance county, ohio.--$1,000,000 for wastewater
infrastructure, Defiance County, Ohio.
``(211) Fostoria, ohio.--$2,000,000 for wastewater
infrastructure, Fostoria, Ohio.
``(212) Fremont, ohio.--$2,000,000 for construction of off-
stream water supply reservoir, Fremont, Ohio.
``(213) Lake county, ohio.--$1,500,000 for wastewater
infrastructure, Lake County, Ohio.
``(214) Lawrence county, ohio.--$5,000,000 for Union Rome
wastewater infrastructure, Lawrence County, Ohio.
``(215) Meigs county, ohio.--$1,000,000 to extend the Tupper
Plains Regional Water District water line to Meigs County, Ohio.
``(216) Mentor-on-lake, ohio.--$625,000 for water and
wastewater infrastructure, Mentor-on-Lake, Ohio.
``(217) Vinton county, ohio.--$1,000,000 to construct water
lines in Vinton and Brown Townships, Ohio.
``(218) Willowick, ohio.--$665,000 for water and wastewater
infrastructure, Willowick, Ohio.
``(219) Ada, oklahoma.--$1,700,000 for sewer improvements
and other water infrastructure, city of Ada, Oklahoma.
``(220) Alva, oklahoma.--$250,000 for wastewater
infrastructure improvements, city of Alva, Oklahoma.
``(221) Ardmore, oklahoma.--$1,900,000 for water and sewer
infrastructure improvements, city of Ardmore, Oklahoma.
``(222) Bartlesville, oklahoma.--$2,500,000 for water supply
infrastructure, city of Bartlesville, Oklahoma.
``(223) Bethany, oklahoma.--$1,500,000 for water
improvements and water related infrastructure, city of Bethany,
Oklahoma.
``(224) Chickasha, oklahoma.--$650,000 for industrial park
sewer infrastructure, city of Chickasha, Oklahoma.
``(225) Disney and langley, oklahoma.--$2,500,000 for water
and sewer improvements and water related infrastructure, cities
of Disney and Langley, Oklahoma.
[[Page 121 STAT. 1266]]
``(226) Durant, oklahoma.--$3,300,000 for bayou restoration
and water related infrastructure, city of Durant, Oklahoma.
``(227) Eastern oklahoma state university, wilberton,
oklahoma.--$1,000,000 for sewer and utility upgrades and water
related infrastructure, Eastern Oklahoma State University,
Wilberton, Oklahoma.
``(228) Guymon, oklahoma.--$16,000,000 for water and
wastewater related infrastructure, city of Guymon, Oklahoma.
``(229) Konawa, oklahoma.--$500,000 for water treatment
infrastructure improvements, city of Konawa, Oklahoma.
``(230) Lugert-altus irrigation district, altus, oklahoma.--
$5,000,000 for water related infrastructure improvements,
Lugert-Altus Irrigation District, Altus, Oklahoma.
``(231) Midwest city, oklahoma.--$2,000,000 for improvements
to water related infrastructure, the City of Midwest City,
Oklahoma.
``(232) Mustang, oklahoma.--$3,325,000 for water
improvements and water related infrastructure, city of Mustang,
Oklahoma.
``(233) Norman, oklahoma.--$10,000,000 for water related
infrastructure, Norman, Oklahoma.
``(234) Oklahoma panhandle state university, guymon,
oklahoma.--$275,000 for water testing facility and water related
infrastructure development, Oklahoma Panhandle State University,
Guymon, Oklahoma.
``(235) Weatherford, oklahoma.--$500,000 for arsenic program
and water related infrastructure, city of Weatherford, Oklahoma.
``(236) Woodward, oklahoma.--$1,500,000 for water
improvements and water related infrastructure, Woodward,
Oklahoma.
``(237) Albany, oregon.--$35,000,000 for wastewater
infrastructure to improve habitat restoration, Albany, Oregon.
``(238) Beaver creek reservoir, pennsylvania.--$3,000,000
for projects for water supply and related activities, Beaver
Creek Reservoir, Clarion County, Beaver and Salem Townships,
Pennsylvania.
``(239) Hatfield borough, pennsylvania.--$310,000 for
wastewater related infrastructure for Hatfield Borough,
Pennsylvania.
``(240) Lehigh county, pennsylvania.--$5,000,000 for
stormwater control measures and storm sewer improvements, Lehigh
County, Pennsylvania.
``(241) North wales borough, pennsylvania.--$1,516,584 for
wastewater related infrastructure for North Wales Borough,
Pennsylvania.
``(242) Pen argyl, pennsylvania.--$5,250,000 for wastewater
infrastructure, Pen Argyl, Pennsylvania.
``(243) Philadelphia, pennsylvania.--$1,600,000 for
wastewater related infrastructure for Philadelphia,
Pennsylvania.
``(244) Stockerton borough, tatamy borough, and palmer
township, pennsylvania.--$10,000,000 for stormwater control
measures, particularly to address sinkholes, in the vicinity of
Stockerton Borough, Tatamy Borough, and Palmer Township,
Pennsylvania.
[[Page 121 STAT. 1267]]
``(245) Vera cruz, pennsylvania.--$5,500,000 for wastewater
infrastructure, Vera Cruz, Pennsylvania.
``(246) Commonwealth of puerto rico.--$35,000,000 for water
and wastewater infrastructure in the Commonwealth of Puerto
Rico.
``(247) Charleston, south carolina.--$4,000,000 for
stormwater control measures and storm sewer improvements, Spring
Street/Fishburne Street drainage project, Charleston, South
Carolina.
``(248) Charleston and west ashley, south carolina.--
$6,000,000 for wastewater tunnel replacement, Charleston and
West Ashley, South Carolina.
``(249) 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.
``(250) Myrtle beach, south carolina.--$18,000,000 for
environmental infrastructure, including ocean outfalls, Myrtle
Beach, South Carolina.
``(251) North myrtle beach, south carolina.--$11,000,000 for
environmental infrastructure, including ocean outfalls, North
Myrtle Beach, South Carolina.
``(252) Surfside, south carolina.--$11,000,000 for
environmental infrastructure, including stormwater system
improvements and ocean outfalls, Surfside, South Carolina.
``(253) Cheyenne river sioux reservation (dewey and ziebach
counties) and perkins and meade counties, south dakota.--
$65,000,000 for water related infrastructure, Cheyenne River
Sioux Reservation (Dewey and Ziebach counties) and Perkins and
Meade Counties, South Dakota.
``(254) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.
``(255) Blaine, tennessee.--$500,000 for water supply and
wastewater infrastructure, Blaine, Tennessee.
``(256) Claiborne county, tennessee.--$1,250,000 for water
supply and wastewater infrastructure, Claiborne County,
Tennessee.
``(257) Giles county, tennessee.--$2,000,000 for water
supply and wastewater infrastructure, county of Giles,
Tennessee.
``(258) Grainger county, tennessee.--$1,250,000 for water
supply and wastewater infrastructure, Grainger County,
Tennessee.
``(259) Hamilton county, tennessee.--$500,000 for water
supply and wastewater infrastructure, Hamilton County,
Tennessee.
``(260) Harrogate, tennessee.--$2,000,000 for water supply
and wastewater infrastructure, city of Harrogate, Tennessee.
``(261) Johnson county, tennessee.--$600,000 for water
supply and wastewater infrastructure, Johnson County, Tennessee.
``(262) Knoxville, tennessee.--$5,000,000 for water supply
and wastewater infrastructure, city of Knoxville, Tennessee.
``(263) Nashville, tennessee.--$5,000,000 for water supply
and wastewater infrastructure, Nashville, Tennessee.
[[Page 121 STAT. 1268]]
``(264) Lewis, lawrence, and wayne counties, tennessee.--
$2,000,000 for water supply and wastewater infrastructure,
counties of Lewis, Lawrence, and Wayne, Tennessee.
``(265) Oak ridge, tennessee.--$4,000,000 for water supply
and wastewater infrastructure, city of Oak Ridge, Tennessee.
``(266) Plateau utility district, morgan county,
tennessee.--$1,000,000 for water supply and wastewater
infrastructure, Morgan County, Tennessee.
``(267) Shelby county, tennessee.--$4,000,000 for water
related environmental infrastructure, county of Shelby,
Tennessee.
``(268) 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.
``(269) El paso county, texas.--$25,000,000 for water
related infrastructure and resource protection, including
stormwater management, and development, El Paso County, Texas.
``(270) Ft. bend county, texas.--$20,000,000 for water and
wastewater infrastructure, Ft. Bend County, Texas.
``(271) Duchesne, iron, and uintah counties, utah.--
$10,800,000 for water related infrastructure, Duchesne, Iron,
and Uintah Counties, Utah.
``(272) 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, and Ritchie Counties, West Virginia.
``(273) 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.''.
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''.
[[Page 121 STAT. 1269]]
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. 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) <<NOTE: Applicability.>> 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. 6004. 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. 6005. 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. 6006. CRITICAL RESTORATION PROJECTS.
Section 528(b)(3)(C) of the Water Resources Development Act of 1996
(110 Stat. 3769) is amended--
[[Page 121 STAT. 1270]]
(1) in clause (i) by striking ``$75,000,000'' and all that
follows and inserting ``$95,000,000''; and
(2) by striking clause (ii) and inserting the following:
``(ii) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of carrying out a
project under subparagraph (A) shall not
exceed $25,000,000.
``(II) Seminole water conservation
plan.--The Federal share of the cost of
carrying out the Seminole water
conservation plan shall not exceed
$30,000,000.''.
SEC. 6007. 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).
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 Atchafalaya River Basin and the
Mississippi River Deltaic Plain below the Old River Control
Structure and the Chenier Plain included within the study area
of the restoration plan.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Louisiana.
(3) Restoration plan.--The term ``restoration 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.
(5) Comprehensive plan.--The term ``comprehensive plan''
means the plan developed under section 7002 and any revisions
thereto.
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 restoration 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 (119 Stat. 2247).
[[Page 121 STAT. 1271]]
(c) Consistency With Comprehensive Coastal Protection Master Plan.--
In developing the comprehensive plan, the Secretary shall ensure that
the plan is not inconsistent 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.
(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, 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 success criteria (including
ecological criteria) by which success of the plan will be
measured;
(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; and
(6) efforts by Federal, State, and local interests to
address sociological, economic, and related fields of law.
(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) an 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;
(3) an investigation and assessment of alterations in the
operation of the Old River Control Structure, consistent with
flood control and navigation purposes;
(4) any related Federal or State project being carried out
on the date on which the plan is developed;
(5) any activity in the restoration plan; and
(6) any other project or activity identified in one or more
of--
(A) the Mississippi River and Tributaries program;
(B) the Louisiana Coastal Wetlands Conservation
Plan;
(C) the Louisiana Coastal Zone Management Plan;
(D) the plan of the State of Louisiana entitled
``Integrated Ecosystem Restoration and Hurricane
Protection--Louisiana's Comprehensive Master Plan for a
Sustainable Coast''; and
[[Page 121 STAT. 1272]]
(E) other relevant reports as determined by the
Secretary.
(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 than 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 Pontchartrain, 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)
and consistent with sections 7006(c)(1)(A) and 7013.
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 of
the head of the agency 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.
[[Page 121 STAT. 1273]]
(6) The Secretary of Transportation.
(7) The Secretary of Energy.
(8) The Administrator of the Federal Emergency Management
Agency.
(9) The Commandant of the Coast Guard.
(10) The Chair of the Coastal Protection and Restoration
Authority of Louisiana.
(11) Two representatives of the State of Louisiana selected
by the Governor.
(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 and recommendations 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) <<NOTE: Establishment.>> Integration team.--The
Task Force shall 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 southern Louisiana.
(C) Duties.--In developing its recommendations under
this subsection, the working group shall--
(i) review reports relating to the performance
of, and recommendations relating to the future
performance of, the hurricane, coastal, and flood
protection systems in southern Louisiana,
including the reports issued by the Interagency
Performance Evaluation
[[Page 121 STAT. 1274]]
Team, the National Academy of Sciences, the
National Science Foundation, the American Society
of Civil Engineers, and Team Louisiana for the
purpose of advising the Task Force and the
Secretary on opportunities to improve the
performance of the protection systems;
(ii) assist in providing reviews under section
2035; and
(iii) carry out such other duties as the Task
Force or the Secretary determines to be
appropriate.
(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) to take into account the program authorized by section
7003 and the projects authorized by sections 7006(e) and 7013;
or
(2) to contribute to ecosystem restoration under section
7003, 7006(e), or 7013.
(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.--
[[Page 121 STAT. 1275]]
(1) In general.--The Secretary shall carry out a coastal
Louisiana ecosystem science and technology program substantially
in accordance with the restoration plan at a total cost of
$100,000,000.
(2) Purposes.--The purposes of the program shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and cultural
baseline conditions in the coastal Louisiana ecosystem;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline conditions
in the coastal Louisiana ecosystem;
(C) to identify and develop technologies, models,
and methods to carry out this subsection; and
(D) to advance and expedite the implementation of
the comprehensive plan.
(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 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.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to a working group established under this subsection.
(b) Demonstration Projects.--
(1) In general.--Subject to paragraph (2), the Secretary may
carry out demonstration projects substantially in accordance
with the restoration 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.
(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 any
single 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
restoration plan:
(A) Mississippi River-Gulf Outlet environmental
restoration at a total cost of $105,300,000, but not
including those elements of the project that produce
navigation benefits.
(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.
[[Page 121 STAT. 1276]]
(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 restoration
plan--
(i) to address the impacts of Hurricanes
Katrina and Rita on the areas of the project; and
(ii) to ensure consistency with the project
authorized by section 7013 (including work in and
around the vicinity of the Mississippi River-Gulf
Outlet).
(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).
(C) Mississippi river-gulf outlet.--In carrying out
the project under paragraph (1)(A), the Secretary shall
carry out such modifications as may be necessary to make
the project consistent with and complementary to the
closure and restoration of the Mississippi River-Gulf
Outlet authorized by section 7013.
(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 under this subsection,
including 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.--
(1) In general.--The Secretary, substantially in accordance
with the restoration 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.
(2) Consideration.--In carrying out the program under
paragraph (1), the Secretary shall consider the beneficial use
of sediment from the Illinois River System for wetlands
restoration in wetlands-depleted watersheds of the coastal
Louisiana ecosystem.
(e) Additional Projects.--
(1) In general.--The Secretary is authorized to carry out
the following projects referred to in the restoration 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.
[[Page 121 STAT. 1277]]
(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) Projects subject to reports.--
(A) Feasibility reports.--Not later than December
31, 2008, the Secretary shall submit to Congress
feasibility reports on the following projects referred
to in the restoration plan:
(i) Multipurpose Operation of Houma Navigation
Lock at a total cost of $18,100,000.
(ii) Terrebonne Basin Barrier Shoreline
Restoration at a total cost of $124,600,000.
(iii) Small Diversion at Convent/Blind River
at a total cost of $88,000,000.
(iv) Amite River Diversion Canal Modification
at a total cost of $5,600,000.
(v) Medium Diversion at White's Ditch at a
total cost of $86,100,000.
(vi) Convey Atchafalaya River Water to
Northern Terrebonne Marshes at a total cost of
$221,200,000.
(B) Construction.--The Secretary may carry out the
projects under subparagraph (A) substantially in
accordance with the plans and subject to the conditions,
recommended in a final report of the Chief of Engineers
if a favorable report of the Chief is completed by not
later than December 31, 2010.
(4) Construction.--No appropriations shall be made to
construct any project under this subsection if the report under
paragraph (2) or paragraph (3), as the case may be, 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, in accordance with section
221 of the Flood Control Act 1970 (42 U.S.C. 1962d-5b), 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 for the project before the date of the execution of the
partnership agreement for the study or project.
(b) Sources of Funds.--The non-Federal interest 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 the Federal agency that
provides the funds determines that the funds are authorized to be used
to carry out the study or project.
(c) Nongovernmental Organizations.--A nongovernmental organization
shall be eligible to contribute all or a portion of the non-Federal
share of the cost of a project under this title.
(d) 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
[[Page 121 STAT. 1278]]
the non-Federal share of the cost of any other study or project under
this title.
(e) 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 the date of enactment of
this Act for all or any portion of the coastal Louisiana
ecosystem.
(f) 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 shall be 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 <<NOTE: Establishment.>> Secretary shall establish a council, to
be known as the ``Louisiana Water Resources Council'', which shall serve
as the exclusive peer review panel for activities conducted by the Corps
of Engineers in the areas in the State of Louisiana declared as major
disaster areas in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in
response to Hurricane Katrina or Rita of 2005, in accordance with the
requirements of section 2034.
[[Page 121 STAT. 1279]]
SEC. 7010. EXPEDITED REPORTS.
(a) In General.--The Secretary shall expedite completion of the
reports for the following projects and, if the Secretary determines that
a project is feasible, 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) 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.
(b) Submission of Reports.--Upon completion of the reports
identified in subsection (a), the Secretary shall submit the reports to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 7011. REPORTING.
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.
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 level of protection
necessary to achieve the certification required for a 100-year
level of flood protection in accordance with the national flood
insurance program under the base flood elevations current at the
time of construction of the levee;
(2) modify the 17th Street, Orleans Avenue, and London
Avenue drainage canals in the city of New Orleans 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;
[[Page 121 STAT. 1280]]
(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) Cost Sharing.--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) <<NOTE: Notification.>> 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. No appropriation in excess of 25 percent above the
amount specified for a project or activity in such Act may 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) <<NOTE: Effective date.>> In general.--Effective
beginning on the date of submission of the plan required under
paragraph (3), the navigation channel portion of the Mississippi
River-Gulf Outlet element of the project for navigation,
Mississippi River, Baton Rouge to the Gulf of Mexico, authorized
by the Act entitled ``An Act to authorize construction of the
Mississippi River-Gulf outlet'', approved March 29, 1956 (70
Stat. 65) and modified by section 844 of the Water Resources
Development Act of 1986 (100 Stat. 4177) and 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.--Nothing in this paragraph modifies or
deauthorizes the Inner Harbor navigation canal replacement
project authorized by that Act of March 29, 1956.
(3) Closure and restoration plan.--
(A) <<NOTE: Deadline. Reports.>> In general.--Not
later than 180 days after the date of enactment of this
Act, 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 a final report on the
deauthorization of the Mississippi River-Gulf outlet, as
described under the heading ``Investigations'' under
[[Page 121 STAT. 1281]]
chapter 3 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (120 Stat. 453).
(B) Inclusions.--At a minimum, the report under
subparagraph (A) shall include--
(i) a plan to physically modify the
Mississippi River-Gulf Outlet and restore the
areas affected by the navigation channel;
(ii) a plan to restore natural features of the
ecosystem that will reduce or prevent damage from
storm surge;
(iii) a plan to prevent the intrusion of
saltwater into the waterway;
(iv) efforts to integrate the recommendations
of the report with the program authorized under
section 7003 and the analysis and design
authorized by title I of the Energy and Water
Development Appropriations Act, 2006 (119 Stat.
2247); and
(v) consideration of--
(I) use of native vegetation; and
(II) diversions of fresh water to
restore the Lake Borgne ecosystem.
(4) Construction.--The Secretary shall carry out a plan to
close the Mississippi River-Gulf Outlet and restore and protect
the ecosystem substantially in accordance with the plan required
under paragraph (3), if the Secretary determines that the
project is cost-effective, environmentally acceptable, and
technically feasible.
SEC. 7014. HURRICANE AND STORM DAMAGE REDUCTION.
(a) Reports.--With respect to the projects identified in the
analysis and design of comprehensive hurricane protection authorized by
title I of the Energy and Water Development Appropriations Act, 2006
(119 Stat. 2247), the Secretary shall submit, to the maximum extent
practicable, specific project recommendations in a report developed
under that title.
(b) Emergency Procedures.--
(1) In general.--If the President determines that a project
recommended in the analysis and design of comprehensive
hurricane protection under title I of the Energy and Water
Development Appropriations Act, 2006 could--
(A) address an imminent threat to life and property;
(B) prevent a dangerous storm surge from reaching a
populated area;
(C) prevent the loss of coastal areas that reduce
the impact of storm surge;
(D) benefit national energy security;
(E) protect emergency hurricane evacuation routes or
shelters; or
(F) address inconsistencies in hurricane protection
standards,
the President may submit to the President pro tempore of the
Senate for authorization a legislative proposal relating to the
project, as the President determines to be appropriate.
(2) <<NOTE: President.>> Prioritization.--In submitting
legislative proposals under paragraph (1), the President shall
give priority to any project that, as determined by the
President, would--
[[Page 121 STAT. 1282]]
(A) to the maximum extent practicable, reduce the
risk--
(i) of loss of human life;
(ii) to public safety; and
(iii) of damage to property; and
(B) minimize costs and environmental impacts.
(3) Expedited consideration.--
(A) <<NOTE: Effective date.>> In general.--Beginning
after December 31, 2008, any legislative proposal
submitted by the President under paragraph (1) shall be
eligible for expedited consideration in accordance with
this paragraph.
(B) Introduction.--As soon as practicable after the
date of receipt of a legislative proposal under
paragraph (1), the Chairman of the Committee on
Environment and Public Works of the Senate shall
introduce the proposal as a bill, by request, in the
Senate.
(C) Referral.--A bill introduced under subparagraph
(B) shall be referred to the Committee on Environment
and Public Works of the Senate.
(D) Committee consideration.--
(i) <<NOTE: Deadline.>> In general.--Not later
than 45 legislative days after a bill under
subparagraph (B) is referred to the committee in
accordance with subparagraph (C), the committee
shall act on the bill.
(ii) Failure to act.--If the committee fails
to act on a bill by the date specified in clause
(i), the bill shall be discharged from the
committee and placed on the calendar of the
Senate.
(4) Effective date.--The requirements of, and authorities
under, this subsection shall expire on December 31, 2010.
SEC. 7015. LAROSE TO GOLDEN MEADOW.
(a) Report.--Not later than 120 days after the date of enactment of
this Act, 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 a report describing any
modification required to the project for flood damage reduction, Larose
to Golden Meadow, Louisiana, to provide the level of protection
necessary to achieve the certification required for a 100-year level of
flood protection in accordance with the national flood insurance
program.
(b) Modifications.--The Secretary is authorized to carry out a
modification described in subsection (a) if--
(1) the Secretary determines that the modification in the
report under subsection (a) is feasible; and
(2) the total cost of the modification does not exceed
$90,000,000.
(c) Requirement.--No appropriation shall be made to construct any
modification under this section if the report under subsection (a) has
not been approved by resolutions adopted by the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 7016. LOWER JEFFERSON PARISH, LOUISIANA.
(a) In General.--The Secretary may carry out a project for flood
damage reduction in Lower Jefferson Parish, Louisiana.
[[Page 121 STAT. 1283]]
(b) Existing Studies.--In carrying out the project, the Secretary
shall use, to the maximum extent practicable, existing studies for
projects for flood damage reduction in the vicinity of Lower Jefferson
Parish, Louisiana, prepared under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s).
(c) Construction.--The Secretary may proceed to construction or
complete the construction of projects in Lower Jefferson Parish if the
projects are being developed or carried out under section 205 of the
Flood Control Act of 1948 as of the date of enactment of this Act.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 to carry out this section.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
SEC. 8001. <<NOTE: 33 USC 652 note.>> 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. <<NOTE: 33 USC 652 note.>> 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 Waterway System substantially in
accordance with the Plan and subject to the conditions described
therein.
SEC. 8003. <<NOTE: 33 USC 652 note.>> 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 $256,000,000.
Such costs are to be paid half from amounts appropriated from
the general fund of the Treasury and half from amounts
[[Page 121 STAT. 1284]]
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
$1,948,000,000. Such costs are to be paid half from amounts
appropriated from the general fund of the Treasury and half 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. <<NOTE: 33 USC 652 note.>> 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.--
[[Page 121 STAT. 1285]]
(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.--In accordance
with 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 consider and
adopt 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
[[Page 121 STAT. 1286]]
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 $1,717,000,000, of which not more than
$245,000,000 shall be available for projects described in
subsection (b)(2)(B) and not more than $48,000,000 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, 2009, 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) <<NOTE: Establishment.>> 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--
[[Page 121 STAT. 1287]]
(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. <<NOTE: 33 USC 652 note.>> 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) <<NOTE: Reports.>> make an annual report to Congress,
beginning in fiscal year 2009, 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.
[[Page 121 STAT. 1288]]
TITLE <<NOTE: National Levee Safety Act of 2007.>> IX--NATIONAL LEVEE
SAFETY PROGRAM
SEC. 9001. <<NOTE: 33 USC 3301 note.>> SHORT TITLE.
This title may be cited as the ``National Levee Safety Act of
2007''.
SEC. 9002. <<NOTE: 33 USC 3301.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Committee.--The term ``committee'' means the Committee
on Levee Safety established by section 9003(a).
(2) Inspection.--The term ``inspection'' means an actual
inspection of a levee--
(A) to establish the global information system
location of the levee;
(B) to determine the general condition of the levee;
and
(C) to estimate the number of structures and
population at risk and protected by the levee that would
be adversely impacted if the levee fails or water levels
exceed the height of the levee.
(3) Levee.--
(A) In general.--The term ``levee'' means an
embankment, including floodwalls--
(i) the primary purpose of which is to provide
hurricane, storm, and flood protection relating to
seasonal high water, storm surges, precipitation,
and other weather events; and
(ii) that normally is subject to water loading
for only a few days or weeks during a year.
(B) Inclusion.--The term includes structures along
canals that constrain water flows and are subject to
more frequent water loadings but that do not constitute
a barrier across a watercourse.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(5) State levee safety agency.--The term ``State levee
safety agency'' means the agency of a State that has regulatory
authority over the safety of any non-Federal levee in the State.
(6) United states.--The term ``United States'', when used in
a geographical sense, means all of the States.
SEC. 9003. <<NOTE: 33 USC 3302.>> COMMITTEE ON LEVEE SAFETY.
(a) Establishment.--There is established a committee to be known as
the ``Committee on Levee Safety''.
(b) Membership.--The committee shall be composed of 16 members as
follows:
(1) The Secretary (or the Secretary's designee), who shall
serve as the chairperson of the Committee.
(2) The Administrator of the Federal Emergency Management
Agency (or the Administrator's designee).
(3) The following 14 members appointed by the Secretary:
[[Page 121 STAT. 1289]]
(A) Eight representatives of State levee safety
agencies, one from each of the eight civil works
divisions of the Corps of Engineers.
(B) Two representatives of the private sector who
have expertise in levee safety.
(C) Two representatives of local and regional
governmental agencies who have expertise in levee
safety.
(D) Two representatives of Indian tribes who have
expertise in levee safety.
(c) Duties.--
(1) Development of recommendations for national levee safety
program.--The committee shall develop recomendations for a
national levee safety program, including a strategic plan for
implementation of the program.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the committee shall submit to the
Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Environment
and Public Works of the Senate a report containing the
recommendations developed under paragraph (1).
(d) Purposes.--In developing recommendations under subsection
(c)(1), the committee shall ensure that the national levee safety
program meets the following goals:
(1) Ensuring the protection of human life and property by
levees through the development of technologically, economically,
socially, and environmentally feasible programs and procedures
for hazard reduction and mitigation relating to levees.
(2) Encouraging use of the best available engineering
policies and procedures for levee site investigation, design,
construction, operation and maintenance, and emergency
preparedness.
(3) Encouraging the establishment and implementation of an
effective national levee safety program that may be delegated to
qualified States for implementation, including identification of
incentives and disincentives for State levee safety programs.
(4) Ensuring that levees are operated and maintained in
accordance with appropriate and protective standards by
conducting an inventory and inspection of levees.
(5) Developing and supporting public education and awareness
projects to increase public acceptance and support of State and
national levee safety programs.
(6) Building public awareness of the residual risks
associated with living in levee protected areas.
(7) Developing technical assistance materials for State and
national levee safety programs.
(8) Developing methods to provide technical assistance
relating to levee safety to non-Federal entities.
(9) Developing technical assistance materials, seminars, and
guidelines relating to the physical integrity of levees in the
United States.
(e) Compensation of Members.--A member of the committee shall serve
without compensation.
(f) Travel Expenses.--To the extent amounts are made available in
advance in appropriations Acts, the Secretary shall reimburse a member
of the committee for travel expenses, including
[[Page 121 STAT. 1290]]
per diem in lieu of subsistence, at rates authorized for an employee of
a Federal agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of business of
the member in performance of services for the committee.
(g) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.
SEC. 9004. <<NOTE: 33 USC 3303.>> INVENTORY AND INSPECTION OF
LEVEES.
(a) Levee Database.--
(1) <<NOTE: Deadline.>> In general.--Not later than one year
after the date of enactment of this Act, the Secretary shall
establish and maintain a database with an inventory of the
Nation's levees.
(2) Contents.--The database shall include--
(A) location information of all Federal levees in
the Nation (including global information system
information) and, for non-Federal levees, such
information on levee location as is provided to the
Secretary by State and local governmental agencies;
(B) utilizing such information as is available, the
general condition of each levee; and
(C) an estimate of the number of structures and
population at risk and protected by each levee that
would be adversely impacted if the levee fails or water
levels exceed the height of the levee.
(3) Availability of information.--
(A) Availability to federal, state, and local
governmental agencies.--The Secretary shall make all of
the information in the database available to appropriate
Federal, State, and local governmental agencies.
(B) Availability to the public.--The Secretary shall
make the information in the database described in
paragraph (2)(A), and such other information in the
database as the Secretary determines appropriate,
available to the public.
(b) Inventory and Inspection of Levees.--
(1) Federal levees.--The Secretary, at Federal expense,
shall establish an inventory and conduct an inspection of all
federally owned and operated levees.
(2) Federally constructed, nonfederally operated and
maintained levees.--The Secretary shall establish an inventory
and conduct an inspection of all federally constructed, non-
federally operated and maintained levees, at the original cost
share for the project.
(3) Participating levees.--For non-Federal levees the owners
of which are participating in the emergency response to natural
disasters program established under 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 August 18, 1941 (33 U.S.C. 701n), the
Secretary shall establish an inventory and conduct an inspection
of each such levee if the owner of the levee requests such
inspection. The Federal share of the cost of an inspection under
this paragraph shall be 65 percent.
SEC. 9005. <<NOTE: 33 USC 3304.>> LIMITATIONS ON STATUTORY
CONSTRUCTION.
Nothing in this title shall be construed as--
[[Page 121 STAT. 1291]]
(1) creating any liability of the United States or its
officers or employees for the recovery of damages caused by an
action or failure to act; or
(2) relieving an owner or operator of a levee of a legal
duty, obligation, or liability incident to the ownership or
operation of a levee.
SEC. 9006. <<NOTE: 33 USC 3305.>> AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out
this title $20,000,000 for each of fiscal years 2008 through 2013.
Nancy Pelosi
Speaker of the House of Representatives.
Robert C. Byrd
President of the Senate pro tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.
November 6, 2007.
The House of Representatives having proceeded to reconsider the bill
(H.R. 1495) entitled ``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'', returned by the
President of the United States with his objections, to the House of
Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Lorraine C. Miller
Clerk.
I certify that this Act originated in the House of Representatives.
Lorraine C. Miller
Clerk.
[[Page 121 STAT. 1292]]
IN THE SENATE OF THE UNITED STATES,
November 8, 2007.
The Senate having proceeded to reconsider the bill (H.R. 1495)
entitled ``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'', returned by the President of
the United States with his objections, to the House of Representatives,
in which it originated, and passed by the House of Representatives on
reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Nancy Erickson
Secretary.
LEGISLATIVE HISTORY--H.R. 1495 (S. 1248):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 110-80 (Comm. on Transportation and Infrastructure)
and 110-280 (Comm. of Conference).
SENATE REPORTS: No. 110-58 accompanying S. 1248 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Apr. 19, considered and passed House.
May 14-16, considered and passed Senate, amended.
Aug. 1, House agreed to conference report.
Sept. 24, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Nov. 2, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 153 (2007):
Nov. 6, House overrode veto.
Nov. 8, Senate overrode veto.
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