[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2667 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2667

      To revitalize the Los Angeles River, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2006

  Mrs. Boxer introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To revitalize the Los Angeles River, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Los Angeles River Revitalization 
Act''.

SEC. 2. LOS ANGELES RIVER REVITALIZATION, CALIFORNIA.

    (a) Definitions.--In this section:
            (1) City.--The term ``City'' means the city of Los Angeles, 
        California.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Revitalization Plan.--
            (1) In general.--The Secretary, in coordination with the 
        City and in consultation with appropriate Federal, State, 
        regional, and local agencies, shall--
                    (A) prepare a project-specific plan for the 
                revitalization of the Los Angeles River that is 
                consistent with the goals of the Los Angeles River 
                Revitalization Master Plan published by the City; and
                    (B) submit the plan to Congress by not later than 3 
                years after the date on which funds are appropriated to 
                carry out this subsection.
            (2) Contents.--The plan under paragraph (1) shall--
                    (A) address environmental restoration, 
                recreational, water conservation, flood control, 
                economic development, and other uses of the Los Angeles 
                River; and
                    (B) include--
                            (i) a feasibility report with respect to 
                        the implementation of the plan; and
                            (ii) a project-specific environmental 
                        impact statement or similar analysis required 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) relating to each 
                        proposed Federal action under the plan.
            (3) Use of existing information and measures.--In preparing 
        and implementing the plan under paragraph (1), the Secretary 
        shall use, to the maximum extent practicable--
                    (A) information that is available as of the date of 
                enactment of this Act;
                    (B) information developed under the pilot projects 
                under subsection (c); and
                    (C) any measure being carried out as of the date of 
                enactment of this Act by a participating agency.
            (4) Agreement.--
                    (A) In general.--The Secretary shall offer to enter 
                into a binding agreement with the City and any other 
                non-Federal sponsor to carry out the plan under 
                paragraph (1).
                    (B) Non-federal share.--
                            (i) In general.--The agreement under 
                        subparagraph (A) shall include cost-sharing 
                        provisions under which the City and any other 
                        non-Federal sponsor shall pay not less than 50 
                        percent of the total costs of carrying out the 
                        plan under paragraph (1).
                            (ii) Form.--The non-Federal share under 
                        clause (i) may be provided in cash or in-kind.
                            (iii) Credit for previously developed 
                        information.--In calculating the non-Federal 
                        share under clause (i), the Secretary shall 
                        provide to the City a credit in the amount of 
                        the cost of developing any information used 
                        under paragraph (3)(A).
            (5) Alternatives.--
                    (A) In general.--The Secretary, in coordination 
                with the City, may recommend, through a full and open 
                evaluation process, any locally-preferred project as an 
                alternative to a measure proposed in the plan under 
                paragraph (1).
                    (B) Inclusion in feasibility report and eis.--Each 
                recommended locally-preferred project under 
                subparagraph (A) shall be included in the feasibility 
                report or an environmental impact statement or 
                analysis, as appropriate, under paragraph (2)(B).
            (6) Report to congress.--The Secretary shall submit to 
        Congress a report describing the implementation and results of 
        the plan under paragraph (1) as soon as practicable after the 
        date on which the plan is carried out.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000.
    (c) Pilot Projects.--
            (1) In general.--The Secretary is authorized to construct, 
        at any time, any pilot project described in paragraph (2) in 
        order to provide information to develop, or to carry out, the 
        revitalization plan under subsection (b)(1).
            (2) Description of projects.--A pilot project referred to 
        in paragraph (1) is a pilot project for the revitalization of 
        the Los Angeles River, including--
                    (A) a channel wall texturing or other aesthetic 
                treatment construction project;
                    (B) a flood control system that incorporates an in-
                channel temporary dam to pond water for environmental 
                or aesthetic purposes;
                    (C) a graffiti removal or control construction 
                project; or
                    (D) a wetlands or riparian habitat restoration 
                demonstration project.
            (3) Agreements.--
                    (A) In general.--The Secretary shall offer to enter 
                into a binding agreement with the City and any other 
                non-Federal sponsor to carry out each pilot project 
                under paragraph (1) under which the City and any other 
                non-Federal sponsor shall agree--
                            (i) to pay at least 35 percent of the total 
                        costs of the pilot project;
                            (ii) to acquire any land, easement, right-
                        of-way, relocation, or dredged material 
                        disposal area required to carry out the pilot 
                        project; and
                            (iii) to hold the United States harmless 
                        for any claim or damage that arises in carrying 
                        out the pilot project, except for a claim or 
                        damage arising from the negligence of an 
                        officer or contractor of the United States.
                    (B) Non-federal share.--
                            (i) Form.--The non-Federal share under 
                        subparagraph (A)(i) may be provided in cash or 
                        in-kind.
                            (ii) Credits.--
                                    (I) In general.--In calculating the 
                                non-Federal share under clause (i), the 
                                Secretary shall provide to the City and 
                                any other non-Federal sponsor a credit 
                                (including an in-kind credit) in an 
                                amount that reflects--
                                            (aa) the value of any land, 
                                        easement, right-of-way, 
                                        relocation, or dredged material 
                                        disposal area provided by the 
                                        City and any other non-Federal 
                                        sponsor in carrying out the 
                                        applicable pilot project; and
                                            (bb) the reasonable cost of 
                                        any work performed in 
                                        connection with a study, 
                                        preconstruction engineering and 
                                        design project, or construction 
                                        project required to carry out 
                                        the revitalization plan under 
                                        subsection (b)(1).
                                    (II) Use.--A credit provided under 
                                this clause may be used for any pilot 
                                project under this subsection.
            (4) Priority.--The Secretary, in consultation with the 
        City, shall assign a priority to each pilot project under this 
        subsection.
            (5) Federal share.--Subject to subsection (e), the Federal 
        share of a pilot project under this subsection shall not exceed 
        $5,000,000.
            (6) Report to congress.--The Secretary shall submit to 
        Congress a report describing each pilot project carried out 
        under this subsection as soon as practicable after the date on 
        which the pilot project is completed.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $35,000,000.
    (d) Water Reuse Project.--Section 219(f) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 117 Stat. 1836, 1838, 1841, 
1844; 119 Stat. 2255) is amended--
            (1) by striking ``Charleston, south carolina.--$5,000,000'' 
        and inserting the following:
            ``(72) Charleston, south carolina.--$5,000,000'';
            (2) by redesignating the second paragraph (71) and each 
        subsequent paragraph as paragraphs (73) through (77), 
        respectively;
            (3) in paragraph (75) (as redesignated by paragraph (2))--
                    (A) by striking ``(75) $6,430,000'' and inserting 
                the following:
            ``(75) Indianapolis, indiana.--$6,430,000''; and
                    (B) by striking the semicolon at the end and 
                inserting a period; and
            (4) by adding at the end the following:
            ``(78) Los angeles river, los angeles, california.--
        $40,000,000 for a water reuse project, including measures for 
        environmental restoration and revitalization of the Los Angeles 
        River within the City of Los Angeles, California.''.
    (e) Maximum Cost of Projects.--Each project carried out under the 
revitalization plan under subsection (b), and each pilot project 
carried out under subsection (c), shall be subject to section 902 of 
the Water Resources Development Act of 1986 (100 Stat. 4183).
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