II 109th CONGRESS 2d Session S. 2667 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.

1.

Short title

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

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).