[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 424 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 424

 To require the Secretary of the Army to carry out the Penobscot River 
                          Restoration Project.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2007

Ms. Collins (for herself and Ms. Snowe) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to carry out the Penobscot River 
                          Restoration Project.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Penobscot River Restoration Act''.

SEC. 2. PENOBSCOT RIVER RESTORATION PROJECT.

    (a) Findings.--Congress finds that--
            (1) the Penobscot River Restoration Project (referred to in 
        this section as the ``Project'') is--
                    (A) a project to restore the natural flow of the 
                largest watershed of the State of Maine, at a cost of 
                $50,000,000 over a term of 5 years; and
                    (B) a partnership among the State of Maine, the 
                Department of Interior, the National Park Service, the 
                United States Fish and Wildlife Service, the Bureau of 
                Indian Affairs, the Penobscot Indian Nation, the 
                Atlantic Salmon Federation, PPL, the Natural Resources 
                Council of Maine, American Rivers, Maine Audubon, and 
                Trout Unlimited;
            (2) the goals of the Project are--
                    (A) to open up 100 percent of the historic habitat 
                of the Penobscot River for species, such as the 
                endangered shortnose sturgeon; and
                    (B) to greatly improve access to more than 1,000 
                miles of the Penobscot River for endangered Atlantic 
                salmon;
            (3) the Project, which involves removing 2 dams and 
        bypassing another, is 1 of the largest, most creative river 
        restoration projects in the history of the United States;
            (4) through collaboration with dam owners, the Project will 
        maintain virtually all of the hydroelectric generation on the 
        Penobscot River through a series of energy enhancements farther 
        up the Penobscot watershed;
            (5) the Project will have far-ranging benefits for 
        migratory birds, a variety of riverine and estuarine wetlands, 
        and endangered species, including Atlantic salmon and 10 other 
        species of diadromous fish; and
            (6) the Project will help revive the social, cultural, and 
        economic traditions of the second largest river in New England.
    (b) Restoration Project.--
            (1) In general.--The Secretary of the Army, acting through 
        the Chief of Engineers (referred to in this section as the 
        ``Secretary''), shall carry out the Project substantially in 
        accordance with the plan described in Lower Penobscot River 
        Multiparty Settlement Agreement, dated June 2004, subject to a 
        determination by the Secretary that the plan is--
                    (A) cost-effective, technically sound, and 
                environmentally acceptable; and
                    (B) in the best interest of the United States.
            (2) Use of existing studies.--The Secretary shall expedite 
        the feasibility and pre-construction, engineering, and design 
        of the Project by using, to the maximum extent practicable, any 
        applicable study prepared by the State of Maine or any other 
        non-Federal interest of the Project.
            (3) Cost sharing.--
                    (A) In general.--The non-Federal share of the cost 
                of the Project shall be 35 percent, including the 
                provision of--
                            (i) any land, easement, or right-of-way 
                        required to carry out the Project; and
                            (ii) any relocation, determination of 
                        property value, or other non-Federal 
                        contribution required to carry out the Project.
                    (B) Credit for studies and monitoring.--The cost of 
                any study or pre-Project monitoring shall be credited 
                to the non-Federal share under subparagraph (A).
            (4) Non-federal interest.--Notwithstanding section 221(b) 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a 
        nonprofit entity may be considered to be a non-Federal interest 
        of the Project.
                                 <all>