[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4111 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4111

    To provide for certain water resources projects in the State of 
                               Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2006

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

_______________________________________________________________________

                                 A BILL


 
    To provide for certain water resources projects in the State of 
                               Louisiana.

    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 ``Louisiana Water Resources Projects 
Act of 2006''.

SEC. 2. PROJECT AUTHORIZATIONS.

    (a) Projects With Chief's Reports.--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 of the Army (referred to in this Act as the 
``Secretary'') substantially in accordance with the plans, and subject 
to the conditions, described in the respective reports designated in 
this section:
            (1) 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 
        $9,500,000. 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.
            (2) 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 
                $841,100,000 with an estimated Federal cost of 
                $546,300,000 and an estimated non-Federal cost of 
                $294,800,000.
                    (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 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).
    (b) Project Subject to Final Report.--The project for navigation, 
Port of Iberia, Louisiana, at a total cost of $204,600,000, with an 
estimated Federal cost of $129,700,000 and an estimated non-Federal 
cost of $74,900,000, is authorized to be carried out by the Secretary 
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 not later than December 
31, 2006, except that the Secretary, in consultation with Vermillion 
and Iberia Parishes, Louisiana, is directed to 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.

SEC. 3. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA.

    (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) protects a major population area of the 
                        Pontchartain, Pearl, Breton Sound, Barataria, 
                        or Terrebonne Basin; and
                            (ii) produces an environmental benefit to 
                        the coastal area of the State of Louisiana; and
                    (C) any barrier island, or barrier shoreline, 
                project that--
                            (i) is carried out in conjunction with a 
                        Mississippi River diversion project; and
                            (ii) protects a major population area.
    (c) Modifications.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary is authorized to make 
        modifications as necessary to the 5 near-term critical 
        ecosystem restoration features identified in the report 
        referred to in subsection (a), due to the impact of Hurricanes 
        Katrina and Rita on the project areas.
            (2) Integration.--The Secretary shall ensure that the 
        modifications under paragraph (1) are fully integrated with the 
        analysis and design of comprehensive hurricane protection 
        authorized by title I of the Energy and Water Development 
        Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247).
            (3) Construction.--
                    (A) In general.--The Secretary is authorized to 
                construct the projects modified under this subsection.
                    (B) Reports.--
                            (i) In general.--Before beginning 
                        construction of the projects, the Secretary 
                        shall submit a report documenting any 
                        modifications to the 5 near-term projects, 
                        including cost changes, to the Louisiana Water 
                        Resources Council established by subsection 
                        (n)(1) (referred to in this section as the 
                        ``Council'') for approval.
                            (ii) Submission to congress.--On approval 
                        of a report under clause (i), the Council shall 
                        submit the report to the Committee on 
                        Environment and Public Works of the Senate and 
                        the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
            (4) Applicability of other provisions.--Section 902 of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2280) shall 
        not apply to the 5 near-term projects authorized by this 
        section.
    (d) Demonstration Program.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary is authorized to conduct a 
        demonstration program within the applicable project area to 
        evaluate new technologies and the applicability of the 
        technologies to the program.
            (2) Cost limitation.--The cost of an individual project 
        under this subsection shall be not more than $25,000,000.
    (e) Beneficial Use of Dredged Material.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary is authorized to use such sums as 
        are necessary to conduct a program for the beneficial use of 
        dredged material.
            (2) Consideration.--In carrying out the program under 
        subsection (a), the Secretary shall consider the beneficial use 
        of sediment from the Illinois River System for wetlands 
        restoration in wetlands-depleted watersheds.
    (f) Reports.--
            (1) In general.--Not later than December 31, 2008, the 
        Secretary shall submit to Congress feasibility reports on the 
        features included in table 3 of the report referred to in 
        subsection (a).
            (2) Projects identified in reports.--
                    (A) In general.--The Secretary shall submit the 
                reports described in paragraph (1) to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
                    (B) Construction.--The Secretary shall be 
                authorized to construct the projects identified in the 
                reports at the time the Committees referred to in 
                subparagraph (A) each adopt a resolution approving the 
                project.
    (g) 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 section.
    (h) Comprehensive Plan.--
            (1) In general.--The Secretary, in coordination with the 
        Governor of the State of Louisiana, shall--
                    (A) develop a plan for protecting, preserving, and 
                restoring the coastal Louisiana ecosystem;
                    (B) not later than 1 year after the date of 
                enactment of this Act, and every 5 years thereafter, 
                submit to Congress the plan, or an update of the plan; 
                and
                    (C) ensure that the plan is fully integrated with 
                the analysis and design of comprehensive hurricane 
                protection authorized by title I of the Energy and 
                Water Development Appropriations Act, 2006 (Public Law 
                109-103; 119 Stat. 2247).
            (2) Inclusions.--The comprehensive plan shall include a 
        description of--
                    (A) the framework of a long-term program that 
                provides for the comprehensive protection, 
                conservation, and restoration of the wetlands, 
                estuaries (including the Barataria-Terrebonne estuary), 
                barrier islands, shorelines, and related land and 
                features of the coastal Louisiana ecosystem, including 
                protection of a critical resource, habitat, or 
                infrastructure from the effects of a coastal storm, a 
                hurricane, erosion, or subsidence;
                    (B) the means by which a new technology, or an 
                improved technique, can be integrated into the program 
                under subsection (a);
                    (C) the role of other Federal agencies and programs 
                in carrying out the program under subsection (a); and
                    (D) specific, measurable ecological success 
                criteria by which success of the comprehensive plan 
                shall be measured.
            (3) Consideration.--In developing the comprehensive plan, 
        the Secretary shall consider the advisability of integrating 
        into the program under subsection (a)--
                    (A) a related Federal or State project carried out 
                on the date on which the plan is developed;
                    (B) an activity in the Louisiana Coastal Area; or
                    (C) any other project or activity identified in--
                            (i) the Mississippi River and Tributaries 
                        program;
                            (ii) the Louisiana Coastal Wetlands 
                        Conservation Plan;
                            (iii) the Louisiana Coastal Zone Management 
                        Plan; or
                            (iv) the plan of the State of Louisiana 
                        entitled ``Coast 2050: Toward a Sustainable 
                        Coastal Louisiana''.
    (i) Task Force.--
            (1) Establishment.--There is established a task force to be 
        known as the ``Coastal Louisiana Ecosystem Protection and 
        Restoration Task Force'' (referred to in this subsection as the 
        ``Task Force'').
            (2) Membership.--The Task Force shall consist of the 
        following members (or, in the case of the head of a Federal 
        agency, a designee at the level of Assistant Secretary or an 
        equivalent level):
                    (A) The Secretary.
                    (B) The Secretary of the Interior.
                    (C) The Secretary of Commerce.
                    (D) The Administrator of the Environmental 
                Protection Agency.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Transportation.
                    (G) The Secretary of Energy.
                    (H) The Secretary of Homeland Security.
                    (I) 3 representatives of the State of Louisiana 
                appointed by the Governor of that State.
            (3) Duties.--The Task Force shall make recommendations to 
        the Secretary regarding--
                    (A) policies, strategies, plans, programs, 
                projects, and activities for addressing conservation, 
                protection, restoration, and maintenance of the coastal 
                Louisiana ecosystem;
                    (B) financial participation by each agency 
                represented on the Task Force in conserving, 
                protecting, restoring, and maintaining the coastal 
                Louisiana ecosystem, including recommendations--
                            (i) that identify funds from current agency 
                        missions and budgets; and
                            (ii) for coordinating individual agency 
                        budget requests; and
                    (C) the comprehensive plan under subsection (h).
            (4) Working groups.--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 subsection.
            (5) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Task Force 
        or any working group of the Task Force.
    (j) Science and Technology.--
            (1) In general.--The Secretary shall establish a coastal 
        Louisiana ecosystem science and technology program.
            (2) Purposes.--The purposes of the program established by 
        paragraph (1) shall be--
                    (A) to identify any uncertainty relating to the 
                physical, chemical, geological, biological, and 
                cultural baseline conditions in coastal Louisiana;
                    (B) to improve knowledge of the physical, chemical, 
                geological, biological, and cultural baseline 
                conditions in coastal Louisiana; and
                    (C) to identify and develop technologies, models, 
                and methods to carry out this subsection.
            (3) Working groups.--The Secretary may establish such 
        working groups as the Secretary determines to be necessary to 
        assist the Secretary in carrying out this subsection.
            (4) Contracts and cooperative agreements.--In carrying out 
        this subsection, the Secretary may enter into a contract or 
        cooperative agreement with an individual or entity (including a 
        consortium of academic institutions in Louisiana) with 
        scientific or engineering expertise in the restoration of 
        aquatic and marine ecosystems for coastal restoration and 
        enhancement through science and technology.
    (k) Analysis of Benefits.--
            (1) 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 an activity to conserve, protect, 
        restore, or maintain the coastal Louisiana ecosystem, the 
        Secretary may determine that the environmental benefits 
        provided by the program under this section outweigh the 
        disadvantage of an activity under this section.
            (2) Determination of cost-effectiveness.--If the Secretary 
        determines that an activity under this section is cost-
        effective, no further economic justification for the activity 
        shall be required.
    (l) Studies.--
            (1) Degradation.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        non-Federal interest, shall enter into a contract with the 
        National Academy of Sciences under which the National Academy 
        of Sciences shall carry out a study to identify--
                    (A) the cause of any degradation of the Louisiana 
                Coastal Area ecosystem that occurred as a result of an 
                activity approved by the Secretary; and
                    (B) the sources of the degradation.
            (2) Financing.--On completion, and taking into account the 
        results, of the study conducted under paragraph (1), the 
        Secretary, in consultation with the non-Federal interest, shall 
        study--
                    (A) financing alternatives for the program under 
                subsection (a); and
                    (B) potential reductions in the expenditure of 
                Federal funds in emergency responses that would occur 
                as a result of ecosystem restoration in the Louisiana 
                Coastal Area.
    (m) Project Modifications.--
            (1) Review.--The Secretary, in cooperation with any non-
        Federal interest, shall review each federally-authorized water 
        resources project in the coastal Louisiana area in existence on 
        the date of enactment of this Act to determine whether--
                    (A) each project is in accordance with the program 
                under subsection (a); and
                    (B) the project could contribute to ecosystem 
                restoration under subsection (a) through modification 
                of the operations or features of the project.
            (2) Modifications.--Subject to paragraphs (3) and (4), the 
        Secretary may carry out the modifications described in 
        paragraph (1)(B).
            (3) Public notice and comment.--Before completing the 
        report required under paragraph (4), the Secretary shall 
        provide an opportunity for public notice and comment.
            (4) Report.--
                    (A) In general.--Before modifying an operation or 
                feature of a project under paragraph (1)(B), 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 modification.
                    (B) Inclusion.--A report under subparagraph (A) 
                shall include such information relating to the timeline 
                and cost of a modification as the Secretary determines 
                to be relevant.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000.
    (n) Louisiana Water Resources Council.--
            (1) Establishment.--There is established within the 
        Mississippi River Commission, a subgroup to be known as the 
        ``Louisiana Water Resources Council''.
            (2) Purposes.--The purposes of the Council are--
                    (A) to manage and oversee each aspect of the 
                implementation of a system-wide, comprehensive plan for 
                projects of the Corps of Engineers (including the 
                study, planning, engineering, design, and construction 
                of the projects or components of projects and the 
                functions or activities of the Corps of Engineers 
                relating to other projects) that addresses hurricane 
                protection, flood control, ecosystem restoration, storm 
                surge damage reduction, or navigation in the Hurricanes 
                Katrina and Rita disaster areas in the State of 
                Louisiana; and
                    (B) to demonstrate and evaluate a streamlined 
                approach to authorization of water resources projects 
                to be studied, designed, and constructed by the Corps 
                of Engineers.
            (3) Membership.--
                    (A) In general.--The president of the Mississippi 
                River Commission shall appoint members of the Council, 
                after considering recommendations of the Governor of 
                Louisiana.
                    (B) Requirements.--The Council shall be composed 
                of--
                            (i) 2 individuals with expertise in coastal 
                        ecosystem restoration, including the 
                        interaction of saltwater and freshwater 
                        estuaries; and
                            (ii) 2 individual with expertise in geology 
                        or civil engineering relating to hurricane and 
                        flood damage reduction and navigation.
                    (C) Chairperson.--In addition to the members 
                appointed under subparagraph (B), the Council shall be 
                chaired by 1 of the 3 officers of the Corps of 
                Engineers of the Mississippi River Commission.
            (4) Duties.--With respect to modifications under subsection 
        (c), the Council shall--
                    (A) review and approve or disapprove the reports 
                completed by the Secretary; and
                    (B) on approval, 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.
            (5) Termination.--
                    (A) In general.--The Council shall terminate on the 
                date that is 6 years after the date of enactment of 
                this Act.
                    (B) Effect.--Any project modification under 
                subsection (c) that has not been approved by the 
                Council and submitted to Congress by the date described 
                in subparagraph (A) shall not proceed to construction 
                before the date on which the modification is 
                statutorily approved by Congress.
    (o) Other Projects.--
            (1) In general.--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 (Public Law 109-103; 119 Stat. 2247), 
        the Secretary shall submit a report describing the projects to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives.
            (2) Construction.--The Secretary shall be authorized to 
        construct the projects at the time the Committees referred to 
        in paragraph (1) each adopt a resolution approving the project.
    (p) Report.--
            (1) In general.--Not later than 6 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 evaluating the alternative means of 
        authorizing Corps of Engineers water resources projects under 
        subsections (c)(3), (f)(2), and (o)(2).
            (2) Inclusions.--The report shall include a description 
        of--
                    (A) the projects authorized and undertaken under 
                this section;
                    (B) the construction status of the projects; and
                    (C) the benefits and environmental impacts of the 
                projects.
            (3) External review.--The Secretary shall enter into a 
        contract with the National Academy of Science to perform an 
        external review of the demonstration program under subsection 
        (d), which shall be submitted to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
    (q) New Orleans and Vicinity.--
            (1) In general.--The Secretary is authorized--
                    (A) to raise levee heights as the Secretary 
                determines to be necessary, and otherwise enhance the 
                Lake Pontchartrain and Vicinity and the West Bank and 
                Vicinity projects of the Corps of Engineers to provide 
                levels of protection necessary to achieve the 
                certification required for participation in the 
                national flood insurance program under the base flood 
                elevations in existence at the time of construction of 
                the enhancements;
                    (B) to modify the 17th Street, Orleans Avenue, and 
                London Avenue drainage canals and install pumps and 
                closure structures at or near the lakefront at Lake 
                Pontchartrain;
                    (C) to armor critical elements of the New Orleans 
                hurricane and storm damage reduction system;
                    (D) to improve and otherwise modify the Inner 
                Harbor Navigation Canal to increase the reliability of 
                the flood protection system for New Orleans;
                    (E) to replace or modify certain non-Federal levees 
                in Plaquemines Parish, Louisiana, to incorporate the 
                levees into the New Orleans to Venice hurricane 
                protection project of the Corps of Engineers;
                    (F) to reinforce or replace flood walls in the 
                existing Lake Pontchartrain and Vicinity and West Bank 
                and Vicinity projects of the Corps of Engineers to 
                improve performance of the systems;
                    (G) to perform 1-time storm-proofing of interior 
                pump stations to ensure the operability of the stations 
                during hurricanes, storms, and high water events;
                    (H) to repair, replace, modify, and improve non-
                Federal levees and associated protection measures in 
                Terrebonne Parish, Louisiana;
                    (I) to reduce the risk of storm damage to the 
                greater New Orleans metropolitan area by restoring the 
                surrounding wetlands through--
                            (i) measures to reverse wetland losses in 
                        areas affected by navigation, oil and gas, and 
                        other channels; and
                            (ii) modification of the Caernarvon 
                        Freshwater Diversion structure or its 
                        operations; and
                    (J) to develop a comprehensive plan to deauthorize 
                deep draft navigation on the Mississippi River Gulf 
                Outlet, Louisiana, extending from the Gulf of Mexico to 
                the Gulf Intracoastal Waterway, on the condition that, 
                in developing the plan, the Secretary shall include 
                options--
                            (i) to deauthorize deep draft navigation;
                            (ii) to discontinue operations and 
                        maintenance dredging for deep draft navigation; 
                        and
                            (iii) to restore, protect, and preserve the 
                        ecosystem surrounding the Mississippi River 
                        Gulf Outlet.
            (2) Funding.--Each activity carried out under paragraph (1) 
        shall be carried out in accordance with the cost-sharing 
        requirements described in the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 418).
            (3) Conditions.--
                    (A) In general.--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 notice in any case in 
                which estimates for the expenditure of funds on any 
                single project or activity described in paragraph (1) 
                exceeds the amount specified for that project or 
                activity in the Emergency Supplemental Appropriations 
                Act for Defense, the Global War on Terror, and 
                Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 
                418).
                    (B) Approval required.--No appropriation in excess 
                of an amount equal to 25 percent more than the amount 
                specified for a project or activity in the Emergency 
                Supplemental Appropriations Act for Defense, the Global 
                War on Terror, and Hurricane Recovery, 2006 (Public Law 
                109-234; 120 Stat. 418) shall be made until an increase 
                in the level of expenditure has been approved by 
                resolutions adopted by the Committees referred to in 
                subparagraph (A).
            (4) Report.--
                    (A) In general.--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 modifications to the project for flood 
                damage reduction, Larose to Golden Meadow, Louisiana, 
                necessary to achieve the certification necessary for 
                participation in the national flood insurance program.
                    (B) Modifications.--
                            (i) In general.--The Secretary may carry 
                        out a modification recommended in the report 
                        under subparagraph (A) if the total cost of the 
                        modification does not exceed $90,000,000.
                            (ii) Funding.--No funds shall be available 
                        to construct any modification under clause (i) 
                        until the report under subparagraph (A) is 
                        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.
                            (iii) Excess cost.--If the total cost of a 
                        modification recommended in the report under 
                        subparagraph (A) is greater than $90,000,000, 
                        the report shall be considered to be a report 
                        on a component area of the larger protection 
                        program under the analysis and design of the 
                        comprehensive hurricane protection authorized 
                        by title I of the Energy and Water Development 
                        Appropriations Act, 2006 (Public Law 109-103; 
                        119 Stat. 2247).
            (5) Consolidation.--
                    (A) In general.--The Secretary may consolidate the 
                flood damage reduction projects in Lower Jefferson 
                Parish, Louisiana, identified for implementation under 
                section 205 of the Flood Control Act of 1948 (33 U.S.C. 
                701s) as of the date of enactment of this Act.
                    (B) Implementation.--The Secretary may implement 
                the projects consolidated under subparagraph (A) if the 
                total cost of implementing the projects does not exceed 
                $100,000,000.
                    (C) Excess costs.--If the total cost of 
                implementing the projects consolidated under 
                subparagraph (A) is greater than $100,000,000, the 
                project for flood control, Lower Jefferson Parish, 
                Louisiana, shall be considered to be a report on a 
                component area of the larger protection program under 
                the analysis and design of the comprehensive hurricane 
                protection authorized by title I of the Energy and 
                Water Development Appropriations Act, 2006 (Public Law 
                109-103; 119 Stat. 2247).

SEC. 4. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND LOUISIANA.

    (a) In General.--Section 204 of the Flood Control Act of 1950 (64 
Stat. 170) is amended in the matter under the heading ``RED-OUACHITA 
RIVER BASIN'' by striking ``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)''.
    (b) Modification.--Section 3 of the Act of August 18, 1941 (55 
Stat. 642, chapter 377), 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: 
``Provided, That the Ouachita River Levees, Louisiana, authorized by 
the first section of the Act of May 15, 1928 (45 Stat. 534, chapter 
569), shall remain as a component of the Mississippi River and 
Tributaries Project and afforded operation and maintenance 
responsibilities as directed in section 3 of that Act (45 Stat. 535)''.

SEC. 5. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.

    (a) In General.--The public access feature of the Atchafalaya Basin 
Floodway System, Louisiana project, 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 the public 
access feature of the Atchafalaya Basin Floodway System, Louisiana 
project.
    (b) Modification.--
            (1) In general.--Subject to paragraph (2), effective 
        beginning November 17, 1986, the public access feature of the 
        Atchafalaya Basin Floodway System, Louisiana project, is 
        modified to remove the $32,000,000 limitation on the maximum 
        Federal expenditure for the first costs of the public access 
        feature.
            (2) First cost.--The authorized first cost of $250,000,000 
        for the total project (as defined in section 601(a) of the 
        Water Resources Development Act of 1986 (100 Stat. 4142)) shall 
        not be exceeded, except as authorized by section 902 of that 
        Act (100 Stat. 4183).
    (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 may include Eagle Point 
Park, Jeanerette, Louisiana, as 1 of the alternative sites''.

SEC. 6. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN FLOODWAY SYSTEM, 
              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 Act of August 15, 1985 (Public Law 99-88; 99 Stat. 
313; 100 Stat. 4142).
    (b) Visitors Center.--
            (1) In general.--The Secretary, acting through the Chief of 
        Engineers and 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) In general.--The cost of construction of the 
                visitors center shall be shared in accordance with the 
                recreation cost-share requirement under 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.
            (3) Agreement.--The project under this subsection shall be 
        initiated only after the Secretary and the non-Federal 
        interests enter into a binding agreement under which the non-
        Federal interests shall--
                    (A) provide any land, easement, right-of-way, or 
                dredged material disposal area required for the project 
                that is owned, claimed, or controlled by--
                            (i) the State of Louisiana (including 
                        agencies and political subdivisions of the 
                        State); or
                            (ii) any other non-Federal government 
                        entity authorized under the laws of the State 
                        of Louisiana;
                    (B) pay 100 percent of the cost of the operation, 
                maintenance, repair, replacement, and rehabilitation of 
                the project; and
                    (C) hold the United States free from liability for 
                the construction, operation, maintenance, repair, 
                replacement, and rehabilitation of the project, except 
                for damages due to the fault or negligence of the 
                United States or a contractor of the United States.
            (4) 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.

SEC. 7. 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 Chief 
of Engineers determines to be advisable to reduce maintenance dredging 
needs and facilitate protection of valuable disposal areas for the 
Calcasieu River and Pass, Louisiana.

SEC. 8. EAST BATON ROUGE PARISH, LOUISIANA.

    The project for flood damage reduction and recreation, East Baton 
Rouge Parish, Louisiana, authorized by section 101(a)(21) of the Water 
Resources Development Act of 1999 (113 Stat. 277), as amended by 
section 116 of the Consolidated Appropriations Resolution, 2003 (117 
Stat. 140), is modified to authorize the Secretary to carry out the 
project substantially in accordance with the Report of the Chief of 
Engineers dated December 23, 1996, and the subsequent Post 
Authorization Change Report dated December 2004, at a total cost of 
$178,000,000.

SEC. 9. MISSISSIPPI RIVER GULF OUTLET RELOCATION ASSISTANCE, LOUISIANA.

    (a) Port Facilities Relocation.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated $175,000,000, 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 
        Intercoastal 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 for Economic Development (referred to in this 
                section as 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 the analysis and design 
                of comprehensive hurricane protection authorized by 
                title I of the Energy and Water Development 
                Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
                2247).
    (b) Revolving Loan Fund Grants.--There is authorized to be 
appropriated to the Assistant Secretary $185,000,000, 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 1 or more eligible recipients 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 the analysis and design of 
comprehensive hurricane protection authorized by title I of the Energy 
and Water Development Appropriations Act, 2006 (Public Law 109-103; 119 
Stat. 2247).
    (c) Coordination With Secretary.--The Assistant Secretary shall 
ensure that the programs described in subsections (a) and (b) are fully 
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 (Public Law 109-103; 119 
Stat. 2247).
    (d) Administrative Expenses.--The Assistant Secretary may use up to 
2 percent of the amounts made available under subsections (a) and (b) 
for administrative expenses.

SEC. 10. 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 further modified--
            (1) to authorize the Secretary to carry out the project at 
        a total cost of $33,200,000;
            (2) to permit the purchase of marginal farmland for 
        reforestation (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 Corps of Engineers 
        and the State of Louisiana.

SEC. 11. VIDALIA PORT, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for navigation improvement at Vidalia, 
Louisiana.
                                 <all>