II 110th CONGRESS 1st Session S. 424 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.

1.

Short title

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

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.