[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1495 Enrolled Bill (ENR)]
H.R.1495
One Hundred Tenth Congress
of the
United States of America
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2007''.
(b) Table of Contents.--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.
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.
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.
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.
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.
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.
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.
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.
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. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.
Except as otherwise provided in this section, the following
projects for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports designated in this
section:
(1) Haines, alaska.--The project for navigation, Haines,
Alaska: Report of the Chief of Engineers dated December 20, 2004,
at a total cost of $14,040,000, with an estimated Federal cost of
$11,232,000 and an estimated non-Federal cost of $2,808,000.
(2) Port lions, alaska.--The project for navigation, Port
Lions, Alaska: Report of the Chief of Engineers dated June 14,
2006, at a total cost of $9,530,000, with an estimated Federal cost
of $7,624,000 and an estimated non-Federal cost of $1,906,000.
(3) 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.
(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 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 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 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, 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 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.
(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.
(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.
(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) 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 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.
(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.
(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) 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 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.
(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.
(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.--
(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, Kowawese
Unique Area and Hudson River, New Windsor, New York.
SEC. 1009. 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. 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 December 31, 1970, the construction of
any water resources project, or an acceptable separable element
thereof, by the Secretary of the Army, acting through the Chief of
Engineers, or by a non-Federal interest where such interest will be
reimbursed for such construction under any provision of law, shall
not be commenced until each non-Federal interest has entered into a
written partnership agreement with the Secretary (or, where
appropriate, the district engineer for the district in which the
project will be carried out) under which each party agrees to carry
out its responsibilities and requirements for implementation or
construction of the project or the appropriate element of the
project, as the case may be; except that no such agreement shall be
required if the Secretary determines that the administrative costs
associated with negotiating, executing, or administering the
agreement would exceed the amount of the contribution required from
the non-Federal interest and are less than $25,000.
``(2) Liquidated damages.--A partnership agreement described in
paragraph (1) may include a provision for liquidated damages in the
event of a failure of one or more parties to perform.
``(3) Obligation of future appropriations.--In any partnership
agreement described in paragraph (1) and entered into by a State,
or a body politic of the State which derives its powers from the
State constitution, or a governmental entity created by the State
legislature, the agreement may reflect that it does not obligate
future appropriations for such performance and payment when
obligating future appropriations would be inconsistent with
constitutional or statutory limitations of the State or a political
subdivision of the State.
``(4) Credit for in-kind contributions.--
``(A) In general.--A partnership agreement described in
paragraph (1) may provide with respect to a project that the
Secretary shall credit toward the non-Federal share of the cost
of the project, including a project implemented without
specific authorization in law, the value of in-kind
contributions made by the non-Federal interest, including--
``(i) the costs of planning (including data
collection), design, management, mitigation, construction,
and construction services that are provided by the non-
Federal interest for implementation of the project;
``(ii) the value of materials or services provided
before execution of the partnership agreement, including
efforts on constructed elements incorporated into the
project; and
``(iii) the value of materials and services provided
after execution of the partnership agreement.
``(B) Condition.--The Secretary 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 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 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 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;
``(3) the authority to approve any partnership agreement that
complies with the policies and guidelines issued by the Secretary;
and
``(4) the authority to sign any partnership agreement for any
water resources project unless, within 30 days of the date of
authorization of the project, the Secretary notifies the district
engineer in which the project will be carried out that the
Secretary wishes to retain the prerogative to sign the partnership
agreement for that project.
``(f) Report to Congress.--Not later than 2 years after the date of
enactment of this subsection, and every year thereafter, the Secretary
shall submit to Congress a report detailing the following:
``(1) The number of partnership agreements signed by district
engineers and the number of partnership agreements signed by the
Secretary.
``(2) For any partnership agreement signed by the Secretary, an
explanation of why delegation to the district engineer was not
appropriate.
``(g) Public Availability.--Not later than 120 days after the date
of enactment of this subsection, the Chief of Engineers shall--
``(1) ensure that each district engineer has made available to
the public, including on the Internet, all partnership agreements
entered into under this section within the preceding 10 years and
all partnership agreements for water resources projects currently
being carried out in that district; and
``(2) make each partnership agreement entered into after such
date of enactment available to the public, including on the
Internet, not later than 7 days after the date on which such
agreement is entered into.''.
(d) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (101 Stat. 4190) is amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it appears and
inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the following:
``payment of damages or, for'';
(B) by striking ``to collect a civil penalty imposed under
this section,''; and
(C) by striking ``any civil penalty imposed under this
section,'' and inserting ``any damages,''.
(e) Applicability.--The amendments made by subsections (a), (b),
and (d) only apply to partnership agreements entered into after the
date of enactment of this Act; except that, at the request of a non-
Federal interest for a project, the district engineer for the district
in which the project is located may amend a project partnership
agreement entered into on or before such date and under which
construction on the project has not been initiated as of such date of
enactment for the purpose of incorporating such amendments.
(f) 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''.
(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. 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 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 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 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--
``(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. 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. 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. 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 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. 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 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
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) Annual Submission of Proposed Activities.--Concurrent with
the President's submission to Congress of the President's request for
appropriations for the Civil Works Program for a fiscal year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
individual activities proposed for funding under subsection (a)(1) for
that fiscal year.''.
SEC. 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. 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. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals not employed
by the Department of the Army in training classes and courses offered
by the Corps of Engineers in any case in which the Secretary determines
that it is in the best interest of the Federal Government to include
those individuals as participants.
(b) Expenses.--
(1) In general.--An individual not employed by the Department
of the Army attending a training class or course described in
subsection (a) shall pay the full cost of the training provided to
the individual.
(2) Payments.--Payments made by an individual for training
received under paragraph (1), up to the actual cost of the
training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriations account used for
paying training costs; and
(C) shall be available for use by the Secretary, without
further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph (2)
that are in excess of the actual cost of training provided shall be
credited as miscellaneous receipts to the Treasury of the United
States.
SEC. 2017. ACCESS TO WATER RESOURCE DATA.
(a) In General.--The Secretary shall carry out a program to provide
public access to water resources and related water quality data in the
custody of the Corps of Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in water
resources project development and regulation under section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements, with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each fiscal year.
SEC. 2018. SHORE PROTECTION PROJECTS.
(a) In General.--In accordance with the Act of July 3, 1930 (33
U.S.C. 426), and notwithstanding administrative actions, it is the
policy of the United States to promote beach nourishment for the
purposes of flood damage reduction and hurricane and storm damage
reduction and related research that encourage the protection,
restoration, and enhancement of sandy beaches, including beach
restoration and periodic beach renourishment for a period of 50 years,
on a comprehensive and coordinated basis by the Federal Government,
States, localities, and private enterprises.
(b) Preference.--In carrying out the policy under subsection (a),
preference shall be given to--
(1) areas in which there has been a Federal investment of funds
for the purposes described in subsection (a); and
(2) areas with respect to which the need for prevention or
mitigation of damage to shores and beaches is attributable to
Federal navigation projects or other Federal activities.
(c) Applicability.--The Secretary shall apply the policy under
subsection (a) to each shore protection and beach renourishment project
(including shore protection and beach renourishment projects
constructed before the date of enactment of this Act).
SEC. 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 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''.
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. 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.
(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;
(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
(B) by striking ``or international organizations'' and
inserting ``, international organizations, or foreign
governments''.
SEC. 2031. 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 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 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--
(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) 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) 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 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;
(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. 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 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) not later than one year after the date of enactment of this
Act, shall--
(A) issue procedures for risk analysis for cost estimation
for water resources projects; and
(B) 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) 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, 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--
(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) 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. 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 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) 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;
(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 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) 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) 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) 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.
(f) Recommendations of Panel.--
(1) Consideration by the chief of engineers.--After receiving a
report on a project study from a panel of experts under this
section and before entering a final record of decision for the
project, the Chief of Engineers shall consider any recommendations
contained in the report and prepare a written response for any
recommendations adopted or not adopted.
(2) Public availability and transmittal to congress.--After
receiving a report on a project study from a panel of experts under
this section, the Chief of Engineers shall--
(A) make a copy of the report and any written response of
the Chief of Engineers on recommendations contained in the
report available to the public 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 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 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. 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 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. 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 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 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.
``(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.
``(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) 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 Secretary shall make
information contained in the status report available to the public,
including on the Internet.
(c) 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:
``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 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.
``(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 Secretary may complete any project
being carried out under section 145 of the Water 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) 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--
``(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 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--
``(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 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. 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. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.
(a) In General.--Not 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. 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) 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 document described in
paragraph (1) shall be made available to the public, and an
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) Detailed project reports.--The requirements of this
subsection that apply to a feasibility study also shall apply to a
study that results in a detailed project report, except that--
``(A) the first $100,000 of the costs of a study that
results in a detailed project report shall be a Federal
expense; and
``(B) paragraph (1)(C)(ii) shall not apply to such a
study.''.
(2) Planning and engineering.--Section 105(b) of such Act (33
U.S.C. 2215(b)) is amended by striking ``authorized by this Act''.
(3) Definitions.--Section 105 of such Act (33 U.S.C. 2215) is
amended by adding at the end the following:
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Detailed project report.--The term `detailed project
report' means a report for a project not specifically authorized by
Congress in law or otherwise that determines the feasibility of the
project with a level of detail appropriate to the scope and
complexity of the recommended solution and sufficient to proceed
directly to the preparation of contract plans and specifications.
The term includes any associated environmental impact statement and
mitigation plan. For a project for which the Federal cost does not
exceed $1,000,000, the term includes a planning and design analysis
document.
``(2) Feasibility study.--The term `feasibility study' means a
study that results in a feasibility report under section 905, and
any associated environmental impact statement and mitigation plan,
prepared by the Corps of Engineers for a water resources project.
The term includes a study that results in a project implementation
report prepared under title VI of the Water Resources Development
Act of 2000 (114 Stat. 2680-2694), a general reevaluation report,
and a limited reevaluation report.''.
(b) Reports.--
(1) Preparation.--Section 905(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(a)) is amended--
(A) by striking ``(a) In the case of any'' and inserting
the following:
``(a) Preparation of Reports.--
``(1) In general.--In the case of any'';
(B) by striking ``the Secretary, the Secretary shall'' and
inserting ``the Secretary that results in recommendations
concerning a project or the operation of a project and that
requires specific authorization by Congress in law or
otherwise, the Secretary shall perform a reconnaissance study
and'';
(C) by striking ``Such feasibility report'' and inserting
the following:
``(2) Contents of feasibility reports.--A feasibility report'';
(D) by striking ``The feasibility report'' and inserting
``A feasibility report''; and
(E) by striking the last sentence and inserting the
following:
``(3) Applicability.--This subsection shall not apply to--
``(A) any study with respect to which a report has been
submitted to Congress before the date of enactment of this Act;
``(B) any study for a project, which project is authorized
for construction by this Act and is not subject to section
903(b);
``(C) any study for a project which does not require
specific authorization by Congress in law or otherwise; and
``(D) general studies not intended to lead to
recommendation of a specific water resources project.
``(4) Feasibility report defined.--In this subsection, the term
`feasibility report' means each feasibility report, and any
associated environmental impact statement and mitigation plan,
prepared by the Corps of Engineers for a water resources project.
The term includes a project implementation report prepared under
title VI of the Water Resources Development Act of 2000 (114 Stat.
2680-2694), a general reevaluation report, and a limited
reevaluation report.''.
(2) Projects not specifically authorized by congress.--Section
905 of such Act is further amended--
(A) in subsection (b) by inserting ``Reconnaissance
Studies.--'' before ``Before initiating'';
(B) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(C) by inserting after subsection (b) the following:
``(c) Projects Not Specifically Authorized by Congress.--In the
case of any water resources project-related study authorized to be
undertaken by the Secretary without specific authorization by Congress
in law or otherwise, the Secretary shall prepare a detailed project
report.'';
(D) in subsection (d) (as so redesignated) by inserting
``Indian Tribes.--'' before ``For purposes of''; and
(E) in subsection (e) (as so redesignated) by inserting
``Standard and Uniform Procedures and Practices.--'' before
``The Secretary shall''.
SEC. 2044. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND LOCAL
ACTIONS.
(a) Notice of Intent.--Upon request of the non-Federal interest in
the form of a written notice of intent to construct or modify a non-
Federal water supply, wastewater infrastructure, flood damage
reduction, storm damage reduction, ecosystem restoration, or navigation
project that requires the approval of the Secretary, the Secretary
shall initiate, subject to subsection (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. 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. PROJECT STREAMLINING.
(a) Policy.--The benefits of water resources projects are important
to the Nation's economy and environment, and recommendations to
Congress regarding such projects should not be delayed due to
uncoordinated or inefficient reviews or the failure to timely resolve
disputes during the development of water resources projects.
(b) Scope.--This section shall apply to each study initiated after
the date of enactment of this Act to develop a feasibility report under
section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282), or a reevaluation report, for a water resources project if the
Secretary determines that such study requires an environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Water Resources Project Review Process.--The Secretary shall
develop and implement a coordinated review process for the development
of water resources projects.
(d) Coordinated Reviews.--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 (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, 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 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--
``(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
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. 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)''.
(b) Modification.--Section 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), 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 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 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.
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 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
(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) 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.
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) 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-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
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. 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.
(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 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 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.
(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.
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 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 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.
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 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) 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.
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.
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 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.
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 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) 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.
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 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 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).
(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 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 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;
``(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-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 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. 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 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.
(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.
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.
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 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).
(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) 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.
(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.''.
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.--
(1) In general.--In 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 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 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 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;
(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 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.
(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.
SEC. 3138. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION,
OREGON.
(a) In General.--The 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.
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).
(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 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) to direct the Secretary in calculating the non-Federal
share of the cost of the project, to make a determination, within
180 days after the date of enactment of this Act, under section
103(m) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(m)) on the non-Federal interest's ability to pay.
SEC. 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.
``(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 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 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.
(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
(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. 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).
(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 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''.
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 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. The
water control regulation manuals (and any revisions thereto) shall be
effective when the Secretary transmits them to Congress. The Secretary
shall report to Congress at least 14 days before operating any such
headwaters reservoir below the minimum or above the maximum water level
limits specified in subsection (a); except that notification is not
required for operations necessary to prevent the loss of life or to
ensure the safety of the dam or if the drawdown of lake levels is in
anticipation of flood control operations.''.
SEC. 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''.
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.
(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).
(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 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;
(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).
(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.
(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:
(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 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--
(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 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 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:
(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
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) 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 park and
recreational purposes made by the city of Denison, dated August 17,
2005.
(2) Survey to obtain legal description.--The exact acreage and
description of the real property referred to in paragraph (1) shall
be determined by a survey paid for by the city of Denison, Texas,
that is satisfactory to the Secretary.
(3) Conveyance.--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.
(b) Lake Texoma, Oklahoma.--
(1) 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.--
(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.
TITLE IV--STUDIES
SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act of 1999 (42
U.S.C. 1962d-21) is amended by adding at the end the following:
``(g) In-Kind Contributions for Study.--The non-Federal interest
may provide up to 100 percent of the non-Federal share required under
subsection (f) in the form of in-kind services and materials.''.
SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature and
frequency of avian botulism problems in the vicinity of Lake Erie
associated with dredged material disposal sites and shall make
recommendations to eliminate the conditions that result in such
problems.
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY.
(a) In General.--The Secretary, in coordination with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, and other appropriate agencies, shall conduct, at Federal
expense, a comprehensive study of drought conditions in the
southwestern United States, with particular emphasis on the Colorado
River basin, the Rio Grande River basin, and the Great Basin.
(b) Inventory of Actions.--In conducting the study, the Secretary
shall assemble an inventory of actions taken or planned to be taken to
address drought-related situations in the southwestern United States.
(c) Purpose.--The purpose of the study shall be to develop
recommendations to more effectively address current and future drought
conditions in the southwestern United States.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $7,000,000.
Such funds shall remain available until expended.
SEC. 4004. DELAWARE RIVER.
The Secretary shall review, in consultation with the Delaware River
Basin Commission and the States of Delaware, Pennsylvania, New Jersey,
and New York, the report of the Chief of Engineers on the Delaware
River, published as House Document Numbered 522, 87th Congress, Second
Session, as it relates to the Mid-Delaware River Basin from Wilmington
to Port Jervis, and any other pertinent reports (including the strategy
for resolution of interstate flow management issues in the Delaware
River Basin dated August 2004 and the National Park Service Lower
Delaware River Management Plan (1997-1999)), with a view to determining
whether any modifications of recommendations contained in the first
report referred to are advisable at the present time, in the interest
of flood damage reduction, ecosystem restoration, and other related
problems.
SEC. 4005. 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 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.
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) 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--
(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 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.--
(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.
(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.
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 (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.
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 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.
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 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.
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.
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.
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) 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;
(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.
(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) 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.
(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. 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 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.
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 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--
(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. 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 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) 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. 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) 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.
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.
``(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:
``(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) 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--
(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.
(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Committee.
SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE,
MARYLAND, PENNSYLVANIA, AND VIRGINIA.
(a) Ex Officio Member.--Notwithstanding section 3001(a) of the 1997
Emergency Supplemental Appropriations Act for Recovery From Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105-18; 111 Stat. 176), section 2.2 of the
Susquehanna River Basin Compact 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.--
(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:
``(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. 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. 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. 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 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), 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 $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--
(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) 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
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
(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. 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
(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 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) 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) 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.--
(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 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. 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) Expiration Date.--If, 20 years from the date of enactment of
this Act, any area or part thereof described in subsection (b) is not
bulkheaded or filled or occupied by permanent structures, including
marina facilities, in accordance with the requirements set out in
subsection (c), or if work in connection with any activity permitted in
subsection (c) is not commenced within 5 years after issuance of such
permits, then the declaration of nonnavigability for such area or part
thereof shall expire.
SEC. 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) 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 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.--
(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. 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''.
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. 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) 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.--
(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 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 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 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.
(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.
(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) 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.--
(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.
(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) 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.
(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.
(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
(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.
(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. 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
(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 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 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 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. 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 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 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)).
(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. 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 (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.''.
(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 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
(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.
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.
(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)'';
(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
(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 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.
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
(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
(114 Stat. 2763A-221) is amended by inserting ``water and'' before
``wastewater''.
SEC. 5115. 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.
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;
(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
(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
(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 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
(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--
``(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. 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
(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 Sioux Tribe and the Lower Brule Sioux Tribe,
respectively, to after the respective tribe certifies to
the Secretary of the Treasury that the funds to be
disbursed will be used in accordance with section 604(d)(3)
and only after the Trust Fund is fully capitalized.''.
(b) Investment Provisions of the State of South Dakota Terrestrial
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources
Development Act of 1999 (113 Stat. 388; 114 Stat. 2664) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest the
amounts deposited under subsection (b) and the interest earned on
those amounts only in interest-bearing obligations of the United
States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury shall
invest the amounts in the Fund in accordance with the
requirements of this paragraph.
``(B) Separate investments of principal and interest.--
``(i) Principal account.--The amounts deposited in the
Fund under subsection (b) shall be credited to an account
within the Fund (referred to in this paragraph as the
`principal account') and invested as provided in
subparagraph (C).
``(ii) Interest account.--The interest earned from
investing amounts in the principal account of the Fund
shall be transferred to a separate account within the Fund
(referred to in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned from investing
amounts in the interest account of the Fund shall be
credited to the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount deposited in the
principal account of the Fund shall be invested initially
in eligible obligations having the shortest maturity then
available until the date on which the amount is divided
into 3 substantially equal portions and those portions are
invested in eligible obligations that are identical (except
for transferability) to the next-issued publicly issued
Treasury obligations having a 2-year maturity, a 5-year
maturity, and a 10-year maturity, respectively.
``(ii) Subsequent investment.--As each 2-year, 5-year,
and 10-year eligible obligation matures, the principal of
the maturing eligible obligation shall also be invested
initially in the shortest-maturity eligible obligation then
available until the principal is reinvested substantially
equally in the eligible obligations that are identical
(except for transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-year, and 10-
year maturities.
``(iii) Discontinuance of issuance of obligations.--If
the Department of the Treasury discontinues issuing to the
public obligations having 2-year, 5-year, or 10-year
maturities, the principal of any maturing eligible
obligation shall be reinvested substantially equally in
eligible obligations that are identical (except for
transferability) to the next-issued publicly issued
Treasury obligations of the maturities longer than 1 year
then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until the date on
which the Fund is fully capitalized, amounts in the
interest account of the Fund shall be invested in eligible
obligations that are identical (except for transferability)
to publicly issued Treasury obligations that have
maturities that coincide, to the maximum extent
practicable, with the date on which the Fund is expected to
be fully capitalized.
``(ii) After full capitalization.--On and after the
date on which the Fund is fully capitalized, amounts in the
interest account of the Fund shall be invested and
reinvested in eligible obligations having the shortest
maturity then available until the amounts are withdrawn and
transferred to fund the activities authorized under
subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the principal
account shall not exceed the par value of the obligations so
that the amount of the principal account shall be preserved in
perpetuity.
``(F) Highest yield.--Among eligible obligations having the
same maturity and purchase price, the obligation to be
purchased shall be the obligation having the highest yield.
``(G) Holding to maturity.--Eligible obligations purchased
shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the State of South Dakota the results of
the investment activities and financial status of the Fund during
the preceding 12-month period.
``(4) Audits.--
``(A) In general.--The activities of the State of South
Dakota (referred to in this subsection as the `State') in
carrying out the plan of the State for terrestrial wildlife
habitat restoration under section 602(a) shall be audited as
part of the annual audit that the State is required to prepare
under the Office of Management and Budget Circular A-133 (or a
successor circulation).
``(B) Determination by auditors.--An auditor that conducts
an audit under subparagraph (A) shall--
``(i) determine whether funds received by the State
under this section during the period covered by the audit
were used to carry out the plan of the State in accordance
with this section; and
``(ii) include the determination under clause (i) in
the written findings of the audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under paragraph (2)
with respect to the investment of a Fund is not practicable, or
would result in adverse consequences for the Fund, the
Secretary shall modify the requirements, as the Secretary
determines to be necessary.
``(B) Consultation.--Before modifying a requirement under
subparagraph (A), the Secretary of the Treasury shall consult
with the State regarding the proposed modification.'';
(2) in subsection (d)(2) by inserting ``of the Treasury'' after
``Secretary''; and
(3) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury to pay expenses
associated with investing the Fund and auditing the uses of amounts
withdrawn from the Fund--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
(c) Investment Provisions for Cheyenne River Sioux Tribe and Lower
Brule Sioux Tribe Trust Funds.--Section 604 of the Water Resources
Development Act of 1999 (113 Stat. 389; 114 Stat. 2665) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest the
amounts deposited under subsection (b) and the interest earned on
those amounts only in interest-bearing obligations of the United
States issued directly to the Funds.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury shall
invest the amounts in each of the Funds in accordance with the
requirements of this paragraph.
``(B) Separate investments of principal and interest.--
``(i) Principal account.--The amounts deposited in each
Fund under subsection (b) shall be credited to an account
within the Fund (referred to in this paragraph as the
`principal account') and invested as provided in
subparagraph (C).
``(ii) Interest account.--The interest earned from
investing amounts in the principal account of each Fund
shall be transferred to a separate account within the Fund
(referred to in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned from investing
amounts in the interest account of each Fund shall be
credited to the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount deposited in the
principal account of each Fund shall be invested initially
in eligible obligations having the shortest maturity then
available until the date on which the amount is divided
into 3 substantially equal portions and those portions are
invested in eligible obligations that are identical (except
for transferability) to the next-issued publicly issued
Treasury obligations having a 2-year maturity, a 5-year
maturity, and a 10-year maturity, respectively.
``(ii) Subsequent investment.--As each 2-year, 5-year,
and 10-year eligible obligation matures, the principal of
the maturing eligible obligation shall also be invested
initially in the shortest-maturity eligible obligation then
available until the principal is reinvested substantially
equally in the eligible obligations that are identical
(except for transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-year, and 10-
year maturities.
``(iii) Discontinuation of issuance of obligations.--If
the Department of the Treasury discontinues issuing to the
public obligations having 2-year, 5-year, or 10-year
maturities, the principal of any maturing eligible
obligation shall be reinvested substantially equally in
eligible obligations that are identical (except for
transferability) to the next-issued publicly issued
Treasury obligations of the maturities longer than 1 year
then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until the date on
which each Fund is fully capitalized, amounts in the
interest account of the Fund shall be invested in eligible
obligations that are identical (except for transferability)
to publicly issued Treasury obligations that have
maturities that coincide, to the maximum extent
practicable, with the date on which the Fund is expected to
be fully capitalized.
``(ii) After full capitalization.--On and after the
date on which each Fund is fully capitalized, amounts in
the interest account of the Fund shall be invested and
reinvested in eligible obligations having the shortest
maturity then available until the amounts are withdrawn and
transferred to fund the activities authorized under
subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the principal
account shall not exceed the par value of the obligations so
that the amount of the principal account shall be preserved in
perpetuity.
``(F) Highest yield.--Among eligible obligations having the
same maturity and purchase price, the obligation to be
purchased shall be the obligation having the highest yield.
``(G) Holding to maturity.--Eligible obligations purchased
shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Cheyenne River Sioux Tribe and the
Lower Brule Sioux Tribe (referred to in this subsection as the
`Tribes') the results of the investment activities and financial
status of the Funds during the preceding 12-month period.
``(4) Audits.--
``(A) In general.--The activities of the Tribes in carrying
out the plans of the Tribes for terrestrial wildlife habitat
restoration under section 602(a) shall be audited as part of
the annual audit that the Tribes are required to prepare under
the Office of Management and Budget Circular A-133 (or a
successor circulation).
``(B) Determination by auditors.--An auditor that conducts
an audit under subparagraph (A) shall--
``(i) determine whether funds received by the Tribes
under this section during the period covered by the audit
were used to carry out the plan of the appropriate Tribe in
accordance with this section; and
``(ii) include the determination under clause (i) in
the written findings of the audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under paragraph (2)
with respect to the investment of a Fund is not practicable, or
would result in adverse consequences for the Fund, the
Secretary shall modify the requirements, as the Secretary
determines to be necessary.
``(B) Consultation.--Before modifying a requirement under
subparagraph (A), the Secretary of the Treasury shall consult
with the Tribes regarding the proposed modification.''; and
(2) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury to pay expenses
associated with investing the Funds and auditing the uses of amounts
withdrawn from the Funds--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 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
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.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 5131. 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. 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 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. 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.
(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.
(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.
(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;
(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) 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 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. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased siltation in Baker
Bay and Ilwaco Harbor, Washington, to determine if the siltation is the
result of a Federal navigation project (including diverted flows from
the Columbia River) and, if the Secretary determines that the siltation
is the result of a Federal navigation project, the Secretary shall
carry out a project to mitigate the siltation as part of maintenance of
the Federal navigation project.
SEC. 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''.
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 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.
``(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.
``(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 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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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''.
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) 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--
(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).
(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
(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.
(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) 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 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.--
(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.
(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.
(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 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 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.
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;
(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) 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) 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) 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 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) Prioritization.--In submitting legislative proposals under
paragraph (1), the President shall give priority to any project
that, as determined by the President, would--
(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) 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) 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.
(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. DEFINITIONS.
In this title, the following definitions apply:
(1) Plan.--The term ``Plan'' means the project for navigation
and ecosystem improvements for the Upper Mississippi River and
Illinois Waterway System: Report of the Chief of Engineers, dated
December 15, 2004.
(2) Upper mississippi river and illinois waterway system.--The
term ``Upper Mississippi River and Illinois Waterway System'' means
the projects for navigation and ecosystem restoration authorized by
Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to Upper St.
Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River
Mile 854.0; and
(B) the Illinois Waterway from its confluence with the
Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J.
O'Brien Lock in Chicago, Illinois, River Mile 327.0.
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.
Except as modified by this title, the Secretary shall undertake
navigation improvements and restoration of the ecosystem for the Upper
Mississippi River and Illinois Waterway System substantially in
accordance with the Plan and subject to the conditions described
therein.
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS.
(a) Small Scale and Nonstructural Measures.--
(1) In general.--The Secretary shall--
(A) construct mooring facilities at Locks 12, 14, 18, 20,
22, 24, and LaGrange Lock or other alternative locations that
are economically and environmentally feasible;
(B) provide switchboats at Locks 20 through 25; and
(C) conduct development and testing of an appointment
scheduling system.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be $256,000,000.
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.
(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. ECOSYSTEM RESTORATION AUTHORIZATION.
(a) Operation.--To ensure the environmental sustainability of the
existing Upper Mississippi River and Illinois Waterway System, the
Secretary shall modify, consistent with requirements to avoid adverse
effects on navigation, the operation of the Upper Mississippi River and
Illinois Waterway System to address the cumulative environmental
impacts of operation of the system and improve the ecological integrity
of the Upper Mississippi River and Illinois River.
(b) Ecosystem Restoration Projects.--
(1) In general.--The Secretary shall carry out, consistent with
requirements to avoid adverse effects on navigation, ecosystem
restoration projects to attain and maintain the sustainability of
the ecosystem of the Upper Mississippi River and Illinois River in
accordance with the general framework outlined in the Plan.
(2) Projects included.--Ecosystem restoration projects may
include--
(A) island building;
(B) construction of fish passages;
(C) floodplain restoration;
(D) water level management (including water drawdown);
(E) backwater restoration;
(F) side channel restoration;
(G) wing dam and dike restoration and modification;
(H) island and shoreline protection;
(I) topographical diversity;
(J) dam point control;
(K) use of dredged material for environmental purposes;
(L) tributary confluence restoration;
(M) spillway, dam, and levee modification to benefit the
environment; and
(N) land and easement acquisition.
(3) Cost sharing.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), the Federal share of the cost of carrying out an
ecosystem restoration project under this subsection shall be 65
percent.
(B) Exception for certain restoration projects.--In the
case of a project under this section for ecosystem restoration,
the Federal share of the cost of carrying out the project shall
be 100 percent if the project--
(i) is located below the ordinary high water mark or in
a connected backwater;
(ii) modifies the operation of structures for
navigation; or
(iii) is located on federally owned land.
(C) Savings clause.--Nothing in this subsection affects the
applicability of section 906(e) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(e)).
(D) Nongovernmental organizations.--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 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) In general.--The Secretary shall appoint and convene an
advisory panel to provide independent guidance in the
development of each implementation report under paragraph (1).
(B) Panel members.--Panel members shall include--
(i) one representative of each of the State resource
agencies (or a designee of the Governor of the State) from
each of the States of Illinois, Iowa, Minnesota, Missouri,
and Wisconsin;
(ii) one representative of the Department of
Agriculture;
(iii) one representative of the Department of
Transportation;
(iv) one representative of the United States Geological
Survey;
(v) one representative of the United States Fish and
Wildlife Service;
(vi) one representative of the Environmental Protection
Agency;
(vii) one representative of affected landowners;
(viii) two representatives of conservation and
environmental advocacy groups; and
(ix) two representatives of agriculture and industry
advocacy groups.
(C) Chairperson.--The Secretary shall serve as chairperson
of the advisory panel.
(D) Application of federal advisory committee act.--The
Advisory Panel and any working group established by the
Advisory Panel shall not be considered an advisory committee
under the Federal Advisory Committee Act (5 U.S.C. App.).
(h) Ranking System.--
(1) In general.--The Secretary, in consultation with the
Advisory Panel, shall develop a system to rank proposed projects.
(2) Priority.--The ranking system shall give greater weight to
projects that restore natural river processes, including those
projects listed in subsection (b)(2).
SEC. 8005. COMPARABLE PROGRESS.
(a) In General.--As the Secretary conducts pre-engineering, design,
and construction for projects authorized under this title, the
Secretary shall--
(1) select appropriate milestones;
(2) determine, at the time of such selection, whether the
projects are being carried out at comparable rates; and
(3) make an annual report to Congress, beginning in fiscal year
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.
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
SEC. 9001. SHORT TITLE.
This title may be cited as the ``National Levee Safety Act of
2007''.
SEC. 9002. 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. 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:
(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 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. INVENTORY AND INSPECTION OF LEVEES.
(a) Levee Database.--
(1) 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. LIMITATIONS ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed as--
(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. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.