[Congressional Record Volume 152, Number 94 (Tuesday, July 18, 2006)]
[Senate]
[Pages S7768-S7805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4676. Mr. INHOFE (for himself, Mr. Jeffords, Mr. Bond, and Mr. 
Baucus) proposed an amendment to the bill S. 728, to provide for the 
consideration 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2006''.
       (b) Table of Contents.--The table of contents of 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. Enhanced navigation capacity improvements and ecosystem 
              restoration plan for the Upper Mississippi River and 
              Illinois Waterway System.
Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

Sec. 2001. Credit for in-kind contributions.
Sec. 2002. Interagency and international support authority.
Sec. 2003. Training funds.
Sec. 2004. Fiscal transparency report.
Sec. 2005. Planning.
Sec. 2006. Water Resources Planning Coordinating Committee.
Sec. 2007. Independent reviews.
Sec. 2008. Mitigation for fish and wildlife losses.
Sec. 2009. State technical assistance.
Sec. 2010. Access to water resource data.
Sec. 2011. Construction of flood control projects by non-Federal 
              interests.
Sec. 2012. Regional sediment management.
Sec. 2013. National shoreline erosion control development program.
Sec. 2014. Shore protection projects.
Sec. 2015. Cost sharing for monitoring.
Sec. 2016. Ecosystem restoration benefits.
Sec. 2017. Funding to expedite the evaluation and processing of 
              permits.
Sec. 2018. Electronic submission of permit applications.
Sec. 2019. Improvement of water management at Corps of Engineers 
              reservoirs.
Sec. 2020. Federal hopper dredges.
Sec. 2021. Extraordinary rainfall events.
Sec. 2022. Wildfire firefighting.
Sec. 2023. Nonprofit organizations as sponsors.
Sec. 2024. Project administration.
Sec. 2025. Program administration.
Sec. 2026. National Dam Safety Program reauthorization.
Sec. 2027. Extension of shore protection projects.

              Subtitle B--Continuing Authorities Projects

Sec. 2031. Navigation enhancements for waterbourne transportation.
Sec. 2032. Protection and restoration due to emergencies at shores and 
              streambanks.
Sec. 2033. Restoration of the environment for protection of aquatic and 
              riparian ecosystems program.
Sec. 2034. Environmental modification of projects for improvement and 
              restoration of ecosystems program.
Sec. 2035. Projects to enhance estuaries and coastal habitats.
Sec. 2036. Remediation of abandoned mine sites.
Sec. 2037. Small projects for the rehabilitation and removal of dams.
Sec. 2038. Remote, maritime-dependent communities.
Sec. 2039. Agreements for water resource projects.
Sec. 2040. Program names.

               Subtitle C--National Levee Safety Program

Sec. 2051. Short title.
Sec. 2052. Definitions.
Sec. 2053. National Levee Safety Committee.
Sec. 2054. National Levee Safety Program.
Sec. 2055. Authorization of appropriations.

                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Rio de Flag, Flagstaff, Arizona.
Sec. 3005. Augusta and Clarendon, Arkansas.
Sec. 3006. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3007. St. Francis Basin, Arkansas and Missouri.
Sec. 3008. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3009. McClellan-Kerr Arkansas River Navigation System, Arkansas 
              and Oklahoma.
Sec. 3010. Cache Creek Basin, California.
Sec. 3011. CALFED Levee stability program, California.
Sec. 3012. Hamilton Airfield, California.
Sec. 3013. LA-3 dredged material ocean disposal site designation, 
              California.
Sec. 3014. Larkspur Ferry Channel, California.
Sec. 3015. Llagas Creek, California.
Sec. 3016. Magpie Creek, California.
Sec. 3017. Pine Flat Dam fish and wildlife habitat, California.
Sec. 3018. Redwood City navigation project, California.
Sec. 3019. Sacramento and American Rivers flood control, California.
Sec. 3020. Conditional declaration of nonnavigability, Port of San 
              Francisco, California.
Sec. 3021. Salton Sea restoration, California.
Sec. 3022. Santa Barbara Streams, Lower Mission Creek, California.
Sec. 3023. Upper Guadalupe River, California.
Sec. 3024. Yuba River Basin project, California.
Sec. 3025. Charles Hervey Townshend Breakwater, New Haven Harbor, 
              Connecticut.
Sec. 3026. Anchorage area, New London Harbor, Connecticut.
Sec. 3027. Norwalk Harbor, Connecticut.
Sec. 3028. St. George's Bridge, Delaware.
Sec. 3029. Christina River, Wilmington, Delaware.

[[Page S7769]]

Sec. 3030. Designation of Senator William V. Roth, Jr. Bridge, 
              Delaware.
Sec. 3031. Additional program authority, comprehensive Everglades 
              restoration, Florida.
Sec. 3032. Brevard County, Florida.
Sec. 3033. Critical restoration projects, Everglades and south Florida 
              ecosystem restoration, Florida.
Sec. 3034. Lake Okeechobee and Hillsboro Aquifer pilot projects, 
              comprehensive Everglades restoration, Florida.
Sec. 3035. Lido Key, Sarasota County, Florida.
Sec. 3036. Port Sutton Channel, Tampa Harbor, Florida.
Sec. 3037. Tampa Harbor, Cut B, Tampa, Florida.
Sec. 3038. Allatoona Lake, Georgia.
Sec. 3039. Dworshak Reservoir improvements, Idaho.
Sec. 3040. Little Wood River, Gooding, Idaho.
Sec. 3041. Port of Lewiston, Idaho.
Sec. 3042. Cache River Levee, Illinois.
Sec. 3043. Chicago, Illinois.
Sec. 3044. Chicago River, Illinois.
Sec. 3045. Illinois River Basin restoration.
Sec. 3046. Missouri and Illinois flood protection projects 
              reconstruction pilot program.
Sec. 3047. Spunky Bottom, Illinois.
Sec. 3048. Strawn Cemetery, John Redmond Lake, Kansas.
Sec. 3049. Milford Lake, Milford, Kansas.
Sec. 3050. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, 
              and West Virginia.
Sec. 3051. McAlpine Lock and Dam, Kentucky and Indiana.
Sec. 3052. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3053. Regional visitor center, Atchafalaya Basin Floodway System, 
              Louisiana.
Sec. 3054. Calcasieu River and Pass, Louisiana.
Sec. 3055. East Baton Rouge Parish, Louisiana.
Sec. 3056. Mississippi River Gulf Outlet relocation assistance, 
              Louisiana.
Sec. 3057. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3058. Camp Ellis, Saco, Maine.
Sec. 3059. Union River, Maine.
Sec. 3060. Chesapeake Bay environmental restoration and protection 
              program, Maryland, Pennsylvania, and Virginia.
Sec. 3061. Cumberland, Maryland.
Sec. 3062. Aunt Lydia's Cove, Massachusetts.
Sec. 3063. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 3064. St. Clair River and Lake St. Clair, Michigan.
Sec. 3065. Duluth Harbor, Minnesota.
Sec. 3066. Red Lake River, Minnesota.
Sec. 3067. Bonnet Carre Freshwater Diversion Project, Mississippi and 
              Louisiana.
Sec. 3068. Land exchange, Pike County, Missouri.
Sec. 3069. L-15 levee, Missouri.
Sec. 3070. Union Lake, Missouri.
Sec. 3071. Fort Peck Fish Hatchery, Montana.
Sec. 3072. Lower Yellowstone project, Montana.
Sec. 3073. Yellowstone River and tributaries, Montana and North Dakota.
Sec. 3074. Lower Truckee River, McCarran Ranch, Nevada.
Sec. 3075. Middle Rio Grande restoration, New Mexico.
Sec. 3076. Long Island Sound oyster restoration, New York and 
              Connecticut.
Sec. 3077. Orchard Beach, Bronx, New York.
Sec. 3078. New York Harbor, New York, New York.
Sec. 3079. Missouri River restoration, North Dakota.
Sec. 3080. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3081. Toussaint River Navigation Project, Carroll Township, Ohio.
Sec. 3082. Arcadia Lake, Oklahoma.
Sec. 3083. Lake Eufaula, Oklahoma.
Sec. 3084. Release of retained rights, interests, and reservations, 
              Oklahoma.
Sec. 3085. Oklahoma lakes demonstration program, Oklahoma.
Sec. 3086. Waurika Lake, Oklahoma.
Sec. 3087. Lookout Point project, Lowell, Oregon.
Sec. 3088. Upper Willamette River Watershed ecosystem restoration.
Sec. 3089. Tioga Township, Pennsylvania.
Sec. 3090. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 3091. Narragansett Bay, Rhode Island.
Sec. 3092. South Carolina Department of Commerce development proposal 
              at Richard B. Russell Lake, South Carolina.
Sec. 3093. Missouri River restoration, South Dakota.
Sec. 3094. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 3095. Anderson Creek, Jackson and Madison Counties, Tennessee.
Sec. 3096. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3097. Nonconnah Weir, Memphis, Tennessee.
Sec. 3098. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 3099. Sandy Creek, Jackson County, Tennessee.
Sec. 3100. Cedar Bayou, Texas.
Sec. 3101. Denison, Texas.
Sec. 3102. Freeport Harbor, Texas.
Sec. 3103. Harris County, Texas.
Sec. 3104. Connecticut River restoration, Vermont.
Sec. 3105. Dam remediation, Vermont.
Sec. 3106. Lake Champlain Eurasian milfoil, water chestnut, and other 
              nonnative plant control, Vermont.
Sec. 3107. Upper Connecticut River Basin wetland restoration, Vermont 
              and New Hampshire.
Sec. 3108. Upper Connecticut River Basin ecosystem restoration, Vermont 
              and New Hampshire.
Sec. 3109. Lake Champlain watershed, Vermont and New York.
Sec. 3110. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 3111. Tangier Island Seawall, Virginia.
Sec. 3112. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3113. Lower Granite Pool, Washington.
Sec. 3114. McNary Lock and Dam, McNary National Wildlife Refuge, 
              Washington and Idaho.
Sec. 3115. Snake River project, Washington and Idaho.
Sec. 3116. Whatcom Creek Waterway, Bellingham, Washington.
Sec. 3117. Lower Mud River, Milton, West Virginia.
Sec. 3118. McDowell County, West Virginia.
Sec. 3119. Green Bay Harbor project, Green Bay, Wisconsin.
Sec. 3120. Underwood Creek Diversion Facility Project, Milwaukee 
              County, Wisconsin.
Sec. 3121. Oconto Harbor, Wisconsin.
Sec. 3122. Mississippi River headwaters reservoirs.
Sec. 3123. Lower Mississippi River Museum and Riverfront Interpretive 
              Site.
Sec. 3124. Pilot program, Middle Mississippi River.
Sec. 3125. Upper Mississippi River system environmental management 
              program.
Sec. 3126. Upper basin of Missouri River.
Sec. 3127. Great Lakes fishery and ecosystem restoration program.
Sec. 3128. Great Lakes remedial action plans and sediment remediation.
Sec. 3129. Great Lakes tributary models.
Sec. 3130. Upper Ohio River and Tributaries Navigation System new 
              technology pilot program.

                           TITLE IV--STUDIES

Sec. 4001. Eurasian milfoil.
Sec. 4002. National port study.
Sec. 4003. McClellan-Kerr Arkansas River Navigation Channel.
Sec. 4004. Los Angeles River revitalization study, California.
Sec. 4005. Nicholas Canyon, Los Angeles, California.
Sec. 4006. Oceanside, California, shoreline special study.
Sec. 4007. Comprehensive flood protection project, St. Helena, 
              California.
Sec. 4008. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman 
              Island, California.
Sec. 4009. South San Francisco Bay shoreline study, California.
Sec. 4010. San Pablo Bay Watershed restoration, California.
Sec. 4011. Fountain Creek, North of Pueblo, Colorado.
Sec. 4012. Selenium study, Colorado.
Sec. 4013. Promontory Point third-party review, Chicago Shoreline, 
              Chicago, Illinois.
Sec. 4014. Vidalia Port, Louisiana.
Sec. 4015. Lake Erie at Luna Pier, Michigan.
Sec. 4016. Middle Bass Island State Park, Middle Bass Island, Ohio.
Sec. 4017. Jasper County port facility study, South Carolina.
Sec. 4018. Johnson Creek, Arlington, Texas.
Sec. 4019. Lake Champlain Canal study, Vermont and New York.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Lakes program.
Sec. 5002. Estuary restoration.
Sec. 5003. Delmarva conservation corridor, Delaware and Maryland.
Sec. 5004. Susquehanna, Delaware, and Potomac River Basins, Delaware, 
              Maryland, Pennsylvania, and Virginia.
Sec. 5005. Anacostia River, District of Columbia and Maryland.
Sec. 5006. Chicago Sanitary and Ship Canal Dispersal Barriers project, 
              Illinois.
Sec. 5007. Rio Grande environmental management program, Colorado, New 
              Mexico, and Texas.
Sec. 5008. Missouri River and tributaries, mitigation, recovery and 
              restoration, Iowa, Kansas, Missouri, Montana, Nebraska, 
              North Dakota, South Dakota, and Wyoming.
Sec. 5009. Lower Platte River watershed restoration, Nebraska.
Sec. 5010. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
              terrestrial wildlife habitat restoration, South Dakota.
Sec. 5011. Connecticut River dams, Vermont.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Bridgeport, Connecticut.
Sec. 6005. Hartford, Connecticut.

[[Page S7770]]

Sec. 6006. New Haven, Connecticut.
Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, part 
              II, installation of fender protection for bridges, 
              Delaware and Maryland.
Sec. 6008. Shingle Creek Basin, Florida.
Sec. 6009. Brevoort, Indiana.
Sec. 6010. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6011. Lake George, Hobart, Indiana.
Sec. 6012. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6013. Muscatine Harbor, Iowa.
Sec. 6014. Big South Fork National River and recreational area, 
              Kentucky and Tennessee.
Sec. 6015. Eagle Creek Lake, Kentucky.
Sec. 6016. Hazard, Kentucky.
Sec. 6017. West Kentucky tributaries, Kentucky.
Sec. 6018. Bayou Cocodrie and tributaries, Louisiana.
Sec. 6019. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 6020. Eastern Rapides and South-Central Avoyelles Parishes, 
              Louisiana.
Sec. 6021. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6022. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, 
              Louisiana.
Sec. 6023. Red River Waterway, Shreveport, Louisiana to Daingerfield, 
              Texas.
Sec. 6024. Casco Bay, Portland, Maine.
Sec. 6025. Northeast Harbor, Maine.
Sec. 6026. Penobscot River, Bangor, Maine.
Sec. 6027. Saint John River Basin, Maine.
Sec. 6028. Tenants Harbor, Maine.
Sec. 6029. Grand Haven Harbor, Michigan.
Sec. 6030. Greenville Harbor, Mississippi.
Sec. 6031. Platte River flood and related streambank erosion control, 
              Nebraska.
Sec. 6032. Epping, New Hampshire.
Sec. 6033. Manchester, New Hampshire.
Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal, 
              Jersey City, New Jersey.
Sec. 6035. Eisenhower and Snell Locks, New York.
Sec. 6036. Olcott Harbor, Lake Ontario, New York.
Sec. 6037. Outer Harbor, Buffalo, New York.
Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6039. Cleveland Harbor 1958 Act, Ohio.
Sec. 6040. Cleveland Harbor 1960 Act, Ohio.
Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6043. Schuylkill River, Pennsylvania.
Sec. 6044. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6045. Tamaqua, Pennsylvania.
Sec. 6046. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6047. Quonset Point-Davisville, Rhode Island.
Sec. 6048. Arroyo Colorado, Texas.
Sec. 6049. Cypress Creek-Structural, Texas.
Sec. 6050. East Fork channel improvement, Increment 2, east fork of the 
              Trinity river, Texas.
Sec. 6051. Falfurrias, Texas.
Sec. 6052. Pecan Bayou Lake, Texas.
Sec. 6053. Lake of the Pines, Texas.
Sec. 6054. Tennessee Colony Lake, Texas.
Sec. 6055. City Waterway, Tacoma, Washington.
Sec. 6056. Kanawha River, Charleston, West Virginia.

     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.

       (a) Projects With Chief's Reports.--Except as otherwise 
     provided in this section, the following projects for water 
     resources development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     described in the respective reports designated in this 
     section:
       (1) Haines harbor, alaska.--The project for navigation, 
     Haines Harbor, Alaska: Report of the Chief of Engineers dated 
     December 20, 2004, at a total estimated cost of $13,700,000, 
     with an estimated Federal cost of $10,960,000 and an 
     estimated non-Federal cost of $2,740,000.
       (2) Rillito river (el rio antiguo), pima county, arizona.--
     The project for ecosystem restoration, Rillito River (El Rio 
     Antiguo), Pima County, Arizona: Report of the Chief of 
     Engineers dated December 22, 2004, at a total cost of 
     $75,200,000, with an estimated Federal cost of $48,400,000 
     and an estimated non-Federal cost of $26,800,000.
       (3) Santa cruz river, paseo de las iglesias, arizona.--The 
     project for ecosystem restoration, Santa Cruz River, Pima 
     County, Arizona: Report of the Chief of Engineers dated March 
     28, 2006, at a total cost of $94,400,000, with an estimated 
     Federal cost of $61,200,000 and an estimated non-Federal cost 
     of $33,200,000.
       (4) Tanque verde creek, arizona.--The project for ecosystem 
     restoration, Tanque Verde Creek, Arizona: Report of the Chief 
     of Engineers dated July 22, 2003, at a total cost of 
     $5,706,000, with an estimated Federal cost of $3,706,000 and 
     an estimated non-Federal cost of $2,000,000.
       (5) Salt river (va shlyay akimel), maricopa county, 
     arizona.--
       (A) In general.--The project for ecosystem restoration, 
     Salt River (Va Shlyay Akimel), Arizona: Report of the Chief 
     of Engineers dated January 3, 2005, at a total cost of 
     $156,700,000, with an estimated Federal cost of $101,600,000 
     and an estimated non-Federal cost of $55,100,000.
       (B) Coordination with federal reclamation projects.--The 
     Secretary, to the maximum extent practicable, shall 
     coordinate the development and construction of the project 
     described in subparagraph (A) with each Federal reclamation 
     project located in the Salt River Basin to address statutory 
     requirements and the operations of those projects.
       (6) Hamilton city, california.--The project for flood 
     damage reduction and ecosystem restoration, Hamilton City, 
     California: Report of the Chief of Engineers dated December 
     22, 2004, at a total cost of $50,600,000, with an estimated 
     Federal cost of $33,000,000 and estimated non-Federal cost of 
     $17,600,000.
       (7) Imperial beach, california.--The project for storm 
     damage reduction, Imperial Beach, California: Report of the 
     Chief of Engineers dated December 30, 2003, at a total cost 
     of $13,300,000, with an estimated Federal cost of $8,500,000 
     and an estimated non-Federal cost of $4,800,000, and at an 
     estimated total cost of $41,100,000 for periodic beach 
     nourishment over the 50-year life of the project, with an 
     estimated Federal cost of $20,550,000 and an estimated non-
     Federal cost of $20,550,000.
       (8) Matilija dam, ventura county, california.--The project 
     for ecosystem restoration, Matilija Dam and Ventura River 
     Watershed, Ventura County, California: Report of the Chief of 
     Engineers dated December 20, 2004, at a total cost of 
     $139,600,000, with an estimated Federal cost of $86,700,000 
     and an estimated non-Federal cost of $52,900,000.
       (9) Middle creek, lake county, california.--The project for 
     flood damage reduction and ecosystem restoration, Middle 
     Creek, Lake County, California: Report of the Chief of 
     Engineers dated November 29, 2004, at a total cost of 
     $43,630,000, with an estimated Federal cost of $28,460,000 
     and an estimated non-Federal cost of $15,170,000.
       (10) Napa river salt marsh, california.--
       (A) In general.--The project for ecosystem restoration, 
     Napa River Salt Marsh, California, at a total cost of 
     $103,012,000, with an estimated Federal cost of $65,600,000 
     and an estimated non-Federal cost of $37,412,000, to be 
     carried out by the Secretary substantially in accordance with 
     the plans and subject to the conditions recommended in the 
     final report signed by the Chief of Engineers on December 22, 
     2004.
       (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.
       (C) Transfer of ownership.--On completion of salinity 
     reduction in the project area, the Secretary shall transfer 
     ownership of the pipeline to the non-Federal interest at the 
     fully depreciated value of the pipeline, less--
       (i) the non-Federal cost-share contributed under 
     subparagraph (A); and
       (ii) the estimated value of the water to be provided as 
     needed for maintenance of habitat values in the project area 
     throughout the life of the project.
       (11) South platte river, denver, colorado.--The project for 
     ecosystem restoration, Denver County Reach, South Platte 
     River, Denver, Colorado: Report of the Chief of Engineers 
     dated May 16, 2003, at a total cost of $21,050,000, with an 
     estimated Federal cost of $13,680,000 and an estimated non-
     Federal cost of $7,370,000.
       (12) Indian river lagoon, south florida.--
       (A) In general.--The Secretary may carry out the project 
     for ecosystem restoration, water supply, flood control, and 
     protection of water quality, Indian River Lagoon, south 
     Florida, at a total cost of $1,365,000,000, with an estimated 
     first Federal cost of $682,500,000 and an estimated first 
     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.--As of the date of enactment of this 
     Act, the following projects are not authorized:
       (i) The uncompleted portions of the project authorized by 
     section 601(b)(2)(C)(i) of the Water Resources Development 
     Act of 2000 (114 Stat. 2682), C-44 Basin Storage Reservoir of 
     the Comprehensive Everglades Restoration Plan, 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 project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), Martin County, Florida, modifications to 
     Central and South Florida Project, as contained in Senate 
     Document 101, 90th Congress, 2d Session, 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 project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), East Coast Backpumping, St. Lucie-Martin 
     County, Spillway Structure S-

[[Page S7771]]

     311 of the Central and South Florida Project, as contained in 
     House Document 369, 90th Congress, 2d Session, 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.
       (13) Miami harbor, miami, florida.--The project for 
     navigation, Miami Harbor, Miami, 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.
       (14) Picayune strand, florida.--The project for ecosystem 
     restoration, Picayune Strand, Florida: Report of the Chief of 
     Engineers dated September 15, 2005, at a total cost of 
     $362,260,000 with an estimated Federal cost of $181,130,000 
     and an estimated non-Federal cost of $181,130,000.
       (15) East st. louis and vicinity, illinois.--The project 
     for ecosystem restoration and recreation, East St. Louis and 
     Vicinity, Illinois: Report of the Chief of Engineers dated 
     December 22, 2004, at a total cost of $201,600,000, with an 
     estimated Federal cost of $130,600,000 and an estimated non-
     Federal cost of $71,000,000.
       (16) Peoria riverfront, illinois.--The project for 
     ecosystem restoration, Peoria Riverfront, Illinois: Report of 
     the Chief of Engineers dated July 28, 2003, at a total cost 
     of $17,760,000, with an estimated Federal cost of $11,540,000 
     and an estimated non-Federal cost of $6,220,000.
       (17) 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 $10,500,000, with an 
     estimated Federal cost of $6,800,000 and an estimated non-
     Federal cost of $3,700,000.
       (18) Bayou sorrel lock, louisiana.--The project for 
     navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief 
     of Engineers dated January 3, 2005, at a total cost of 
     $9,500,000. The costs of construction of the project are to 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund.
       (19) Morganza to the gulf of mexico, louisiana.--
       (A) In general.--The project for hurricane and storm damage 
     reduction, Morganza to the Gulf of Mexico, Louisiana: Reports 
     of the Chief of Engineers dated August 23, 2002, and July 22, 
     2003, at a total cost of $841,100,000 with an estimated 
     Federal cost of $546,300,000 and an estimated non-Federal 
     cost of $294,800,000.
       (B) Operation and maintenance.--The operation, maintenance, 
     repair, rehabilitation, and replacement of the Houma 
     Navigation Canal lock complex and the Gulf Intracoastal 
     Waterway floodgate features that provide for inland waterway 
     transportation shall be a Federal responsibility, in 
     accordance with section 102 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212; Public Law 99-662).
       (20) Poplar island expansion, maryland.--The project for 
     the beneficial use of dredged material at 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. 2678), is further modified to authorize the 
     Secretary to construct the project in accordance with the 
     Report of the Chief of Engineers dated March 31, 2006, at a 
     total cost of $256,100,000, with an estimated Federal cost of 
     $192,100,000 and an estimated non-Federal cost of 
     $64,000,000.
       (21) Smith island, maryland.--The project for ecosystem 
     restoration, Smith Island, Maryland: Report of the Chief of 
     Engineers dated October 29, 2001, at a total cost of 
     $14,500,000, with an estimated Federal cost of $9,425,000 and 
     an estimated non-Federal cost of $5,075,000.
       (22) Swope park industrial area, missouri.--The project for 
     flood damage reduction, Swope Park Industrial Area, Missouri: 
     Report of the Chief of Engineers dated December 30, 2003, at 
     a total cost of $16,900,000, with an estimated Federal cost 
     of $10,990,000 and an estimated non-Federal cost of 
     $5,910,000.
       (23) Manasquan to barnegat inlets, new jersey.--The project 
     for hurricane and storm damage reduction, Manasquan to 
     Barnegat Inlets, New Jersey: Report of the Chief of Engineers 
     dated December 30, 2003, at a total cost of $70,340,000, with 
     an estimated Federal cost of $45,720,000 and an estimated 
     non-Federal cost of $24,620,000, and at an estimated total 
     cost of $117,100,000 for periodic beach nourishment over the 
     50-year life of the project, with an estimated Federal cost 
     of $58,550,000 and an estimated non-Federal cost of 
     $58,550,000.
       (24) 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 $112,640,000, with an estimated 
     Federal cost of $73,220,600 and an estimated non-Federal cost 
     of $39,420,000, and at an estimated total cost of $6,400,000 
     for periodic nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $2,300,000 and an 
     estimated non-Federal cost of $4,100,000.
       (25) South river, new jersey.--The project for hurricane 
     and storm damage reduction and ecosystem restoration, South 
     River, New Jersey: Report of the Chief of Engineers dated 
     July 22, 2003, at a total cost of $120,810,000, with an 
     estimated Federal cost of $78,530,000 and an estimated non-
     Federal cost of $42,280,000.
       (26) Southwest valley, albuquerque, new mexico.--The 
     project for flood damage reduction, Southwest Valley, 
     Albuquerque, New Mexico: Report of the Chief of Engineers 
     dated November 29, 2004, at a total cost of $24,000,000, with 
     an estimated Federal cost of $15,600,000 and an estimated 
     non-Federal cost of $8,400,000.
       (27) 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 $14,070,000, with an estimated Federal cost of 
     $7,035,000 and an estimated non-Federal cost of $7,035,000.
       (28) Bloomsburg, pennsylvania.--The project for flood 
     damage reduction, Bloomsburg, Pennsylvania: Report of the 
     Chief of Engineers dated January 25, 2006, at a total cost of 
     $43,300,000, with an estimated Federal cost of $28,150,000 
     and an estimated non-Federal cost of $15,150,000.
       (29) Corpus christi ship channel, corpus christi, texas.--
       (A) In general.--The project for navigation and ecosystem 
     restoration, Corpus Christi Ship Channel, Texas, Channel 
     Improvement Project: 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 
     navigational servitude in the Corpus Christi Ship Channel, 
     including, at the sole expense of the owner of the facility, 
     the removal or relocation of any facility obstructing the 
     project.
       (30) 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.
       (31) Gulf intracoastal waterway, high island to brazos 
     river, texas.--The project for navigation, Gulf Intracoastal 
     Waterway, Sabine River to Corpus Christi, 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.
       (32) Riverside oxbow, fort worth, texas.--The project for 
     ecosystem restoration, Riverside Oxbow, Fort Worth, Texas: 
     Report of the Chief of Engineers dated May 29, 2003, at a 
     total cost of $27,330,000, with an estimated Federal cost of 
     $11,320,000 and an estimated non-Federal cost of $16,010,000.
       (33) Deep creek, chesapeake, virginia.--The project for the 
     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.
       (34) Chehalis river, centralia, washington.--The project 
     for flood damage reduction, Centralia, Washington, authorized 
     by section 401(a) of the Water Resources Development Act of 
     1986 (Public Law 99-662; 100 Stat. 4126)--
       (A) is modified to be carried out at a total cost of 
     $121,100,000, with a Federal cost of $73,220,000, and a non-
     Federal cost of $47,880,000; and
       (B) shall be carried out by the Secretary substantially in 
     accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated September 27, 2004.
       (b) Projects Subject to Final Report.--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, recommended in a final report of 
     the Chief of Engineers if a favorable report of the Chief is 
     completed not later than December 31, 2006:
       (1) Wood river levee system, illinois.--The project for 
     flood damage reduction, Wood River, Illinois, authorized by 
     the Act of June 28, 1938 (52 Stat. 1215, chapter 795), is 
     modified to authorize construction of the project at a total 
     cost of $16,730,000, with an estimated Federal cost of 
     $10,900,000 and an estimated non-Federal cost of $5,830,000.
       (2) Licking river, cynthiana, kentucky.--The project for 
     flood damage reduction, Licking River, Cynthiana, Kentucky, 
     at a total cost of $17,800,000, with an estimated Federal 
     cost of $11,570,000 and an estimated non-Federal cost of 
     $6,230,000.
       (3) Port of iberia, louisiana.--The project for navigation, 
     Port of Iberia, Louisiana, at a total cost of $204,600,000, 
     with an estimated Federal cost of $129,700,000 and an 
     estimated non-Federal cost of $74,900,000, except that the 
     Secretary, in consultation with Vermillion and Iberia 
     Parishes, Louisiana, is directed to use available dredged 
     material and rock placement on the south bank of the Gulf 
     Intracoastal Waterway and the west bank of the Freshwater 
     Bayou Channel to provide incidental storm surge protection.
       (4) Hudson-raritan estuary, liberty state park, new 
     jersey.--The project for ecosystem restoration, Hudson-
     Raritan Estuary, Liberty State Park, New Jersey, at a

[[Page S7772]]

     total cost of $33,050,000, with an estimated Federal cost of 
     $21,480,000 and an estimated non-Federal cost of $11,570,000.
       (5) Jamaica bay, marine park and plumb beach, queens and 
     brooklyn, new york.--The project for ecosystem restoration, 
     Jamaica Bay, Queens and Brooklyn, New York, at a total 
     estimated cost of $204,159,000, with an estimated Federal 
     cost of $132,703,000 and an estimated non-Federal cost of 
     $71,456,000.
       (6) Hocking river basin, monday creek, ohio.--The project 
     for ecosystem restoration, Hocking River Basin, Monday Creek, 
     Ohio, at a total cost of $18,730,000, with an estimated 
     Federal cost of $12,170,000 and an estimated non-Federal cost 
     of $6,560,000.
       (7) Pawley's island, south carolina.--The project for 
     hurricane and storm damage reduction, Pawley's Island, South 
     Carolina, at a total cost of $8,980,000, with an estimated 
     Federal cost of $4,040,000 and an estimated non-Federal cost 
     of $4,940,000, 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 $7,632,000 and an 
     estimated non-Federal cost of $13,568,000.
       (8) Craney island eastward expansion, virginia.--The 
     project for navigation, Craney Island Eastward Expansion, 
     Virginia, at a total cost of $671,340,000, with an estimated 
     Federal cost of $26,220,000 and an estimated non-Federal cost 
     of $645,120,000.

     SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND 
                   ECOSYSTEM RESTORATION PLAN FOR THE UPPER 
                   MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.

       (a) Definitions.--In this section:
       (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.
       (b) Authorization of Construction of Navigation 
     Improvements.--
       (1) Small scale and nonstructural measures.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan--
       (i) construct mooring facilities at Locks 12, 14, 18, 20, 
     22, 24, and LaGrange Lock;
       (ii) provide switchboats at Locks 20 through 25; and
       (iii) conduct development and testing of an appointment 
     scheduling system.
       (B) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $246,000,000. The costs of construction of the projects shall 
     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. Such sums shall remain available 
     until expended.
       (2) New locks.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan, 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.
       (B) Mitigation.--The Secretary shall conduct mitigation for 
     the new locks and small scale and nonstructural measures 
     authorized under paragraphs (1) and (2).
       (C) Concurrence.--The mitigation required under 
     subparagraph (B) for the projects authorized under paragraphs 
     (1) and (2), including any acquisition of lands or interests 
     in lands, shall be undertaken or acquired concurrently with 
     lands and interests for the projects authorized under 
     paragraphs (1) and (2), and physical construction required 
     for the purposes of mitigation shall be undertaken 
     concurrently with the physical construction of such projects.
       (D) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $1,870,000,000. The costs of construction on the projects 
     shall 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. Such sums 
     shall remain available until expended.
       (c) Ecosystem Restoration Authorization.--
       (1) 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.
       (2) Ecosystem restoration projects.--
       (A) 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.
       (B) Projects included.--Ecosystem restoration projects may 
     include, but are not limited to--
       (i) island building;
       (ii) construction of fish passages;
       (iii) floodplain restoration;
       (iv) water level management (including water drawdown);
       (v) backwater restoration;
       (vi) side channel restoration;
       (vii) wing dam and dike restoration and modification;
       (viii) island and shoreline protection;
       (ix) topographical diversity;
       (x) dam point control;
       (xi) use of dredged material for environmental purposes;
       (xii) tributary confluence restoration;
       (xiii) spillway, dam, and levee modification to benefit the 
     environment;
       (xiv) land easement authority; and
       (xv) land acquisition.
       (C) Cost sharing.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the Federal share of the cost of carrying out an 
     ecosystem restoration project under this paragraph shall be 
     65 percent.
       (ii) Exception for certain restoration projects.--In the 
     case of a project under this subparagraph 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 or structures for navigation; 
     or
       (III) is located on federally owned land.

       (iii) Savings clause.--Nothing in this paragraph affects 
     the applicability of section 906(e) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2283).
       (iv) Nongovernmental organizations.--Notwithstanding 
     section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5(b)), for any project carried out under this section, 
     a non-Federal sponsor may include a nonprofit entity, with 
     the consent of the affected local government.
       (D) Land acquisition.--The Secretary may acquire land or an 
     interest in land for an ecosystem restoration project from a 
     willing owner through conveyance of--
       (i) fee title to the land; or
       (ii) a flood plain conservation easement.
       (3) Ecosystem restoration preconstruction engineering and 
     design.--
       (A) Restoration design.--Before initiating the construction 
     of any individual ecosystem restoration project, the 
     Secretary shall--
       (i) establish ecosystem restoration goals and identify 
     specific performance measures designed to demonstrate 
     ecosystem restoration;
       (ii) establish the without-project condition or baseline 
     for each performance indicator; and
       (iii) for each separable element of the ecosystem 
     restoration, identify specific target goals for each 
     performance indicator.
       (B) Outcomes.--Performance measures identified under 
     subparagraph (A)(i) should comprise 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.
       (C) Restoration design.--Restoration design carried out as 
     part of ecosystem restoration shall include a monitoring plan 
     for the performance measures identified under subparagraph 
     (A)(i), including--
       (i) a timeline to achieve the identified target goals; and
       (ii) a timeline for the demonstration of project 
     completion.
       (4) Specific projects authorization.--
       (A) In general.--There is authorized to be appropriated to 
     carry out this subsection $1,650,000,000, of which not more 
     than $226,000,000 shall be available for projects described 
     in paragraph (2)(B)(ii) and not more than $43,000,000 shall 
     be available for projects described in paragraph (2)(B)(x). 
     Such sums shall remain available until expended.
       (B) Limitation on available funds.--Of the amounts made 
     available under subparagraph (A), not more than $35,000,000 
     for each fiscal year shall be available for land acquisition 
     under paragraph (2)(D).
       (C) Individual project limit.--Other than for projects 
     described in clauses (ii) and (x) of paragraph (2)(B), the 
     total cost of any single project carried out under this 
     subsection shall not exceed $25,000,000.
       (5) Implementation reports.--
       (A) In general.--Not later than June 30, 2008, and every 5 
     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--
       (i) includes baselines, milestones, goals, and priorities 
     for ecosystem restoration projects; and
       (ii) measures the progress in meeting the goals.
       (B) Advisory panel.--
       (i) In general.--The Secretary shall appoint and convene an 
     advisory panel to provide independent guidance in the 
     development of each implementation report under subparagraph 
     (A).
       (ii) Panel members.--Panel members shall include--

[[Page S7773]]

       (I) 1 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) 1 representative of the Department of Agriculture;
       (III) 1 representative of the Department of Transportation;
       (IV) 1 representative of the United States Geological 
     Survey;
       (V) 1 representative of the United States Fish and Wildlife 
     Service;
       (VI) 1 representative of the Environmental Protection 
     Agency;
       (VII) 1 representative of affected landowners;
       (VIII) 2 representatives of conservation and environmental 
     advocacy groups; and
       (IX) 2 representatives of agriculture and industry advocacy 
     groups.

       (iii) Chairperson.--The Secretary shall serve as 
     chairperson of the advisory panel.
       (iv) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Panel or any working group established by the Advisory Panel.
       (6) Ranking system.--
       (A) In general.--The Secretary, in consultation with the 
     Advisory Panel, shall develop a system to rank proposed 
     projects.
       (B) Priority.--The ranking system shall give greater weight 
     to projects that restore natural river processes, including 
     those projects listed in paragraph (2)(B).
       (d) Comparable Progress.--
       (1) In general.--As the Secretary conducts pre-engineering, 
     design, and construction for projects authorized under this 
     section, the Secretary shall--
       (A) select appropriate milestones; and
       (B) determine, at the time of such selection, whether the 
     projects are being carried out at comparable rates.
       (2) No comparable rate.--If the Secretary determines under 
     paragraph (1)(B) that projects authorized under this 
     subsection are not moving toward completion at a comparable 
     rate, annual funding requests for the projects will be 
     adjusted to ensure that the projects move toward completion 
     at a comparable rate in the future.

     SEC. 1003. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, 
                   LOUISIANA.

       (a) In General.--The Secretary may carry out a program for 
     ecosystem restoration, Louisiana Coastal Area, Louisiana, 
     substantially in accordance with the report of the Chief of 
     Engineers, dated January 31, 2005.
       (b) Priorities.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary shall give priority to--
       (A) any portion of the program identified in the report 
     described in subsection (a) as a critical restoration 
     feature;
       (B) any Mississippi River diversion project that--
       (i) protects a major population area of the Pontchartain, 
     Pearl, Breton Sound, Barataria, or Terrebonne Basin; and
       (ii) produces an environmental benefit to the coastal area 
     of the State of Louisiana; and
       (C) any barrier island, or barrier shoreline, project 
     that--
       (i) is carried out in conjunction with a Mississippi River 
     diversion project; and
       (ii) protects a major population area.
       (c) Modifications.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to make 
     modifications as necessary to the 5 near-term critical 
     ecosystem restoration features identified in the report 
     referred to in subsection (a), due to the impact of 
     Hurricanes Katrina and Rita on the project areas.
       (2) Integration.--The Secretary shall ensure that the 
     modifications under paragraph (1) are fully integrated with 
     the analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (3) Construction.--
       (A) In general.--The Secretary is authorized to construct 
     the projects modified under this subsection.
       (B) Reports.--
       (i) In general.--Before beginning construction of the 
     projects, the Secretary shall submit a report documenting any 
     modifications to the 5 near-term projects, including cost 
     changes, to the Louisiana Water Resources Council established 
     by subsection (n)(1) (referred to in this section as the 
     ``Council'') for approval.
       (ii) Submission to congress.--On approval of a report under 
     clause (i), the Council shall submit the report to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (4) Applicability of other provisions.--Section 902 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2280) 
     shall not apply to the 5 near-term projects authorized by 
     this section.
       (d) Demonstration Program.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to conduct a 
     demonstration program within the applicable project area to 
     evaluate new technologies and the applicability of the 
     technologies to the program.
       (2) Cost limitation.--The cost of an individual project 
     under this subsection shall be not more than $25,000,000.
       (e) Beneficial Use of Dredged Material.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to use such sums 
     as are necessary to conduct a program for the beneficial use 
     of dredged material.
       (2) Consideration.--In carrying out the program under 
     subsection (a), the Secretary shall consider the beneficial 
     use of sediment from the Illinois River System for wetlands 
     restoration in wetlands-depleted watersheds.
       (f) Reports.--
       (1) In general.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress feasibility reports on the 
     features included in table 3 of the report referred to in 
     subsection (a).
       (2) Projects identified in reports.--
       (A) In general.--The Secretary shall submit the reports 
     described in paragraph (1) to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (B) Construction.--The Secretary shall be authorized to 
     construct the projects identified in the reports at the time 
     the Committees referred to in subparagraph (A) each adopt a 
     resolution approving the project.
       (g) Nongovernmental Organizations.--A nongovernmental 
     organization shall be eligible to contribute all or a portion 
     of the non-Federal share of the cost of a project under this 
     section.
       (h) Comprehensive Plan.--
       (1) In general.--The Secretary, in coordination with the 
     Governor of the State of Louisiana, shall--
       (A) develop a plan for protecting, preserving, and 
     restoring the coastal Louisiana ecosystem;
       (B) not later than 1 year after the date of enactment of 
     this Act, and every 5 years thereafter, submit to Congress 
     the plan, or an update of the plan; and
       (C) ensure that the plan is fully integrated with the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (2) Inclusions.--The comprehensive plan shall include a 
     description of--
       (A) the framework of a long-term program that provides for 
     the comprehensive protection, conservation, and restoration 
     of the wetlands, estuaries (including the Barataria-
     Terrebonne estuary), barrier islands, shorelines, and related 
     land and features of the coastal Louisiana ecosystem, 
     including protection of a critical resource, habitat, or 
     infrastructure from the effects of a coastal storm, a 
     hurricane, erosion, or subsidence;
       (B) the means by which a new technology, or an improved 
     technique, can be integrated into the program under 
     subsection (a);
       (C) the role of other Federal agencies and programs in 
     carrying out the program under subsection (a); and
       (D) specific, measurable ecological success criteria by 
     which success of the comprehensive plan shall be measured.
       (3) Consideration.--In developing the comprehensive plan, 
     the Secretary shall consider the advisability of integrating 
     into the program under subsection (a)--
       (A) a related Federal or State project carried out on the 
     date on which the plan is developed;
       (B) an activity in the Louisiana Coastal Area; or
       (C) any other project or activity identified in--
       (i) the Mississippi River and Tributaries program;
       (ii) the Louisiana Coastal Wetlands Conservation Plan;
       (iii) the Louisiana Coastal Zone Management Plan; or
       (iv) the plan of the State of Louisiana entitled ``Coast 
     2050: Toward a Sustainable Coastal Louisiana''.
       (i) Task Force.--
       (1) Establishment.--There is established a task force to be 
     known as the ``Coastal Louisiana Ecosystem Protection and 
     Restoration Task Force'' (referred to in this subsection as 
     the ``Task Force'').
       (2) Membership.--The Task Force shall consist of the 
     following members (or, in the case of the head of a Federal 
     agency, a designee at the level of Assistant Secretary or an 
     equivalent level):
       (A) The Secretary.
       (B) The Secretary of the Interior.
       (C) The Secretary of Commerce.
       (D) The Administrator of the Environmental Protection 
     Agency.
       (E) The Secretary of Agriculture.
       (F) The Secretary of Transportation.
       (G) The Secretary of Energy.
       (H) The Secretary of Homeland Security.
       (I) 3 representatives of the State of Louisiana appointed 
     by the Governor of that State.
       (3) Duties.--The Task Force shall make recommendations to 
     the Secretary regarding--
       (A) policies, strategies, plans, programs, projects, and 
     activities for addressing conservation, protection, 
     restoration, and maintenance of the coastal Louisiana 
     ecosystem;
       (B) financial participation by each agency represented on 
     the Task Force in conserving, protecting, restoring, and 
     maintaining the coastal Louisiana ecosystem, including 
     recommendations--
       (i) that identify funds from current agency missions and 
     budgets; and
       (ii) for coordinating individual agency budget requests; 
     and

[[Page S7774]]

       (C) the comprehensive plan under subsection (h).
       (4) Working groups.--The Task Force may establish such 
     working groups as the Task Force determines to be necessary 
     to assist the Task Force in carrying out this subsection.
       (5) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Task 
     Force or any working group of the Task Force.
       (j) Science and Technology.--
       (1) In general.--The Secretary shall establish a coastal 
     Louisiana ecosystem science and technology program.
       (2) Purposes.--The purposes of the program established by 
     paragraph (1) shall be--
       (A) to identify any uncertainty relating to the physical, 
     chemical, geological, biological, and cultural baseline 
     conditions in coastal Louisiana;
       (B) to improve knowledge of the physical, chemical, 
     geological, biological, and cultural baseline conditions in 
     coastal Louisiana; and
       (C) to identify and develop technologies, models, and 
     methods to carry out this subsection.
       (3) Working groups.--The Secretary may establish such 
     working groups as the Secretary determines to be necessary to 
     assist the Secretary in carrying out this subsection.
       (4) Contracts and cooperative agreements.--In carrying out 
     this subsection, the Secretary may enter into a contract or 
     cooperative agreement with an individual or entity (including 
     a consortium of academic institutions in Louisiana) with 
     scientific or engineering expertise in the restoration of 
     aquatic and marine ecosystems for coastal restoration and 
     enhancement through science and technology.
       (k) Analysis of Benefits.--
       (1) In general.--Notwithstanding section 209 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962-2) or any other provision 
     of law, in carrying out an activity to conserve, protect, 
     restore, or maintain the coastal Louisiana ecosystem, the 
     Secretary may determine that the environmental benefits 
     provided by the program under this section outweigh the 
     disadvantage of an activity under this section.
       (2) Determination of cost-effectiveness.--If the Secretary 
     determines that an activity under this section is cost-
     effective, no further economic justification for the activity 
     shall be required.
       (l) Studies.--
       (1) Degradation.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the non-Federal interest, shall enter into a contract with 
     the National Academy of Sciences under which the National 
     Academy of Sciences shall carry out a study to identify--
       (A) the cause of any degradation of the Louisiana Coastal 
     Area ecosystem that occurred as a result of an activity 
     approved by the Secretary; and
       (B) the sources of the degradation.
       (2) Financing.--On completion, and taking into account the 
     results, of the study conducted under paragraph (1), the 
     Secretary, in consultation with the non-Federal interest, 
     shall study--
       (A) financing alternatives for the program under subsection 
     (a); and
       (B) potential reductions in the expenditure of Federal 
     funds in emergency responses that would occur as a result of 
     ecosystem restoration in the Louisiana Coastal Area.
       (m) Project Modifications.--
       (1) Review.--The Secretary, in cooperation with any non-
     Federal interest, shall review each federally-authorized 
     water resources project in the coastal Louisiana area in 
     existence on the date of enactment of this Act to determine 
     whether--
       (A) each project is in accordance with the program under 
     subsection (a); and
       (B) the project could contribute to ecosystem restoration 
     under subsection (a) through modification of the operations 
     or features of the project.
       (2) Modifications.--Subject to paragraphs (3) and (4), the 
     Secretary may carry out the modifications described in 
     paragraph (1)(B).
       (3) Public notice and comment.--Before completing the 
     report required under paragraph (4), the Secretary shall 
     provide an opportunity for public notice and comment.
       (4) Report.--
       (A) In general.--Before modifying an operation or feature 
     of a project under paragraph (1)(B), the Secretary shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing the modification.
       (B) Inclusion.--A report under subparagraph (A) shall 
     include such information relating to the timeline and cost of 
     a modification as the Secretary determines to be relevant.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000.
       (n) Louisiana Water Resources Council.--
       (1) Establishment.--There is established within the 
     Mississippi River Commission, a subgroup to be known as the 
     ``Louisiana Water Resources Council''.
       (2) Purposes.--The purposes of the Council are--
       (A) to manage and oversee each aspect of the implementation 
     of a system-wide, comprehensive plan for projects of the 
     Corps of Engineers (including the study, planning, 
     engineering, design, and construction of the projects or 
     components of projects and the functions or activities of the 
     Corps of Engineers relating to other projects) that addresses 
     hurricane protection, flood control, ecosystem restoration, 
     storm surge damage reduction, or navigation in the Hurricanes 
     Katrina and Rita disaster areas in the State of Louisiana; 
     and
       (B) to demonstrate and evaluate a streamlined approach to 
     authorization of water resources projects to be studied, 
     designed, and constructed by the Corps of Engineers.
       (3) Membership.--
       (A) In general.--The president of the Mississippi River 
     Commission shall appoint members of the Council, after 
     considering recommendations of the Governor of Louisiana.
       (B) Requirements.--The Council shall be composed of--
       (i) 2 individuals with expertise in coastal ecosystem 
     restoration, including the interaction of saltwater and 
     freshwater estuaries; and
       (ii) 2 individual with expertise in geology or civil 
     engineering relating to hurricane and flood damage reduction 
     and navigation.
       (C) Chairperson.--In addition to the members appointed 
     under subparagraph (B), the Council shall be chaired by 1 of 
     the 3 officers of the Corps of Engineers of the Mississippi 
     River Commission.
       (4) Duties.--With respect to modifications under subsection 
     (c), the Council shall--
       (A) review and approve or disapprove the reports completed 
     by the Secretary; and
       (B) on approval, submit the reports to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       (5) Termination.--
       (A) In general.--The Council shall terminate on the date 
     that is 6 years after the date of enactment of this Act.
       (B) Effect.--Any project modification under subsection (c) 
     that has not been approved by the Council and submitted to 
     Congress by the date described in subparagraph (A) shall not 
     proceed to construction before the date on which the 
     modification is statutorily approved by Congress.
       (o) Other Projects.--
       (1) In general.--With respect to the projects identified in 
     the analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247), the Secretary shall submit a report describing the 
     projects to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (2) Construction.--The Secretary shall be authorized to 
     construct the projects at the time the Committees referred to 
     in paragraph (1) each adopt a resolution approving the 
     project.
       (p) Report.--
       (1) In general.--Not later than 6 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report evaluating the alternative 
     means of authorizing Corps of Engineers water resources 
     projects under subsections (c)(3), (f)(2), and (o)(2).
       (2) Inclusions.--The report shall include a description 
     of--
       (A) the projects authorized and undertaken under this 
     section;
       (B) the construction status of the projects; and
       (C) the benefits and environmental impacts of the projects.
       (3) External review.--The Secretary shall enter into a 
     contract with the National Academy of Science to perform an 
     external review of the demonstration program under subsection 
     (d), which shall be submitted to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

       The Secretary--
       (1) shall conduct a study for flood damage reduction, Cache 
     River Basin, Grubbs, Arkansas; and
       (2) if the Secretary determines that the project is 
     feasible, may carry out the project under section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s).

     SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

       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) Little rock port, arkansas.--Project for navigation, 
     Little Rock Port, Arkansas River, Arkansas.
       (2) Au sable river, michigan.--Project for navigation, Au 
     Sable River in the vicinity of Oscoda, Michigan.
       (3) Outer channel and inner harbor, menominee harbor, 
     michigan and wisconsin.--Project for navigation, Outer 
     Channel and Inner Harbor, Menominee Harbor, Michigan and 
     Wisconsin.
       (4) Middle bass island state park, middle bass island, 
     ohio.--Project for navigation, Middle Bass Island State Park, 
     Middle Bass Island, Ohio.

[[Page S7775]]

     SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

       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) San diego river, california.--Project for aquatic 
     ecosystem restoration, San Diego River, California, including 
     efforts to address invasive aquatic plant species.
       (2) Suison marsh, san pablo bay, california.--Project for 
     aquatic ecosystem restoration, San Pablo Bay, California.
       (3) Johnson creek, gresham, oregon.--Project for aquatic 
     ecosystem restoration, Johnson Creek, Gresham, Oregon.
       (4) Blackstone river, rhode island.--Project for aquatic 
     ecosystem restoration, Blackstone River, Rhode Island.
       (5) College lake, lynchburg, virginia.--Project for aquatic 
     ecosystem restoration, College Lake, Lynchburg, Virginia.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

     SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

       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.''

       ; and
       (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 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.--An agreement described in 
     paragraph (1) may include a provision for liquidated damages 
     in the event of a failure of 1 or more parties to perform.
       ``(3) Obligation of future appropriations.--In any such 
     agreement 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.--An agreement under paragraph (1) shall 
     provide that the Secretary shall credit toward the non-
     Federal share of the cost of the project, including a project 
     implemented under general continuing authority, 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; and
       ``(ii) the value of materials or services provided before 
     execution of an agreement for the project, including--

       ``(I) efforts on constructed elements incorporated into the 
     project; and
       ``(II) materials and services provided after an agreement 
     is executed.

       ``(B) Condition.--The Secretary shall credit an in-kind 
     contribution under subparagraph (A) if the Secretary 
     determines that the property or service provided as an in-
     kind contribution is integral to the project.
       ``(C) Limitations.--Credit authorized 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 land, an easement or right-of-way, 
     or an area for disposal of dredged material for the project; 
     and
       ``(iii) 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.''.

     SEC. 2002. 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 2007 and each fiscal 
     year thereafter''; and
       (B) by striking ``or international organizations'' and 
     inserting ``, international organizations, or foreign 
     governments''.

     SEC. 2003. TRAINING FUNDS.

       (a) In General.--The Secretary may include individuals from 
     the non-Federal interest, including the private sector, 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 from a non-Federal interest 
     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 subsection (a), up to the actual cost of the 
     training--
       (A) may be retained by the Secretary;
       (B) shall be credited to an appropriation or 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. 2004. 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 
     the expenditures for the preceding fiscal year and estimated 
     expenditures for 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 general construction, 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 cost-sharing 
     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 under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (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 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (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; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized 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. 2005. 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:

[[Page S7776]]

       ``(a) In General.--Enhancing''; and
       (2) by adding at the end the following:
       ``(b) Assessments.--For all feasibility reports completed 
     after December 31, 2005, the Secretary shall assess whether--
       ``(1) the water resource project and each separable element 
     is cost-effective; and
       ``(2) the water resource project complies with Federal, 
     State, and local laws (including regulations) and public 
     policies.''.
       (b) Planning Process Improvements.--The Chief of 
     Engineers--
       (1) shall, not later than 2 years after the date on which 
     the feasibility study cost sharing agreement is signed for a 
     project, subject to the availability of appropriations--
       (A) complete the feasibility study for the project; and
       (B) sign the report of the Chief of Engineers for the 
     project;
       (2) may, with the approval of the Secretary, extend the 
     deadline established under paragraph (1) for not to exceed 4 
     years, for a complex or controversial study; and
       (3)(A) shall adopt a risk analysis approach to project cost 
     estimates; and
       (B) not later than 1 year after the date of enactment of 
     this Act, shall--
       (i) issue procedures for risk analysis for cost estimation; 
     and
       (ii) submit to Congress a report that includes suggested 
     amendments to section 902 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2280).
       (c) 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; and
       (3) a calculation of any upstream or downstream impacts of 
     the proposed project.
       (d) Centers of Specialized Planning Expertise.--
       (1) Establishment.--The Secretary may establish centers of 
     expertise to provide specialized planning expertise for water 
     resource 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 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;
       (C) provide support for external peer review panels 
     convened by the Secretary; and
       (D) carry out such other duties as are prescribed by the 
     Secretary.
       (e) Completion of Corps of Engineers Reports.--
       (1) Alternatives.--
       (A) In general.--Feasibility and other studies and 
     assessments of water resource problems and projects shall 
     include recommendations for alternatives--
       (i) that, as determined by the non-Federal interests for 
     the projects, promote integrated water resources management; 
     and
       (ii) for which the non-Federal interests are willing to 
     provide the non-Federal share for the studies or assessments.
       (B) Scope and purposes.--The scope and purposes of studies 
     and assessments described in subparagraph (A) shall not be 
     constrained by budgetary or other policy as a result of the 
     inclusion of alternatives described in that subparagraph.
       (C) Reports of chief of engineers.--The reports of the 
     Chief of Engineers shall be based solely on the best 
     technical solutions to water resource needs and problems.
       (2) Report completion.--The completion of a report of the 
     Chief of Engineers for a 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.
       (f) Completion Review.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 90 days after the date of completion of a report 
     of the Chief of Engineers that recommends to Congress a water 
     resource project, the Secretary shall--
       (A) review the report; and
       (B) provide any recommendations of the Secretary regarding 
     the water resource project to Congress.
       (2) Prior reports.--Not later than 90 days after the date 
     of enactment of this Act, with respect to any report of the 
     Chief of Engineers recommending a water resource 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. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.

       (a) Establishment.--The President shall establish a Water 
     Resources Planning Coordinating Committee (referred to in 
     this subsection as the ``Coordinating Committee'').
       (b) Membership.--
       (1) In general.--The Coordinating Committee shall be 
     composed of the following members (or a designee of the 
     member):
       (A) The Secretary of the Interior.
       (B) The Secretary of Agriculture.
       (C) The Secretary of Health and Human Services.
       (D) The Secretary of Housing and Urban Development.
       (E) The Secretary of Transportation.
       (F) The Secretary of Energy.
       (G) The Secretary of Homeland Security.
       (H) The Secretary of Commerce.
       (I) The Administrator of the Environmental Protection 
     Agency.
       (J) The Chairperson of the Council on Environmental 
     Quality.
       (2) Chairperson and executive director.--The President 
     shall appoint--
       (A) 1 member of the Coordinating Committee to serve as 
     Chairperson of the Coordinating Committee for a term of 2 
     years; and
       (B) an Executive Director to supervise the activities of 
     the Coordinating Committee.
       (3) Function.--The function of the Coordinating Committee 
     shall be to carry out the duties and responsibilities set 
     forth under this section.
       (c) National Water Resources Planning and Modernization 
     Policy.--It is the policy of the United States that all water 
     resources projects carried out by the Corps of Engineers 
     shall--
       (1) reflect national priorities;
       (2) seek to avoid the unwise use of floodplains;
       (3) minimize vulnerabilities in any case in which a 
     floodplain must be used;
       (4) protect and restore the functions of natural systems; 
     and
       (5) mitigate any unavoidable damage to natural systems.
       (d) Water Resource Priorities Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Coordinating Committee, in 
     collaboration with the Secretary, shall submit to the 
     President and Congress a report describing the vulnerability 
     of the United States to damage from flooding and related 
     storm damage, including--
       (A) the risk to human life;
       (B) the risk to property; and
       (C) the comparative risks faced by different regions of the 
     United States.
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the extent to which programs in the 
     United States relating to flooding address flood risk 
     reduction priorities;
       (B) the extent to which those programs may be 
     unintentionally encouraging development and economic activity 
     in floodprone areas;
       (C) recommendations for improving those programs with 
     respect to reducing and responding to flood risks; and
       (D) proposals for implementing the recommendations.
       (e) Modernizing Water Resources Planning Guidelines.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary and the Coordinating Committee shall, in 
     collaboration with each other, review and propose updates and 
     revisions to modernize the planning principles and 
     guidelines, regulations, and circulars by which the Corps of 
     Engineers analyzes and evaluates water projects. In carrying 
     out the review, the Coordinating Committee and the Secretary 
     shall consult with the National Academy of Sciences for 
     recommendations regarding updating planning documents.
       (2) Proposed revisions.--In conducting a review under 
     paragraph (1), the Coordinating Committee and the Secretary 
     shall consider revisions to improve water resources project 
     planning through, among other things--
       (A) requiring the use of modern economic principles and 
     analytical techniques, credible schedules for project 
     construction, and current discount rates as used by other 
     Federal agencies;
       (B) eliminating biases and disincentives to providing 
     projects to low-income communities, including fully 
     accounting for the prevention of loss of life under section 
     904 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2281);
       (C) eliminating biases and disincentives that discourage 
     the use of nonstructural approaches to water resources 
     development and management, and fully accounting for the 
     flood protection and other values of healthy natural systems;
       (D) promoting environmental restoration projects that 
     reestablish natural processes;
       (E) assessing and evaluating the impacts of a project in 
     the context of other projects within a region or watershed;
       (F) analyzing and incorporating lessons learned from recent 
     studies of Corps of Engineers programs and recent disasters 
     such as Hurricane Katrina and the Great Midwest Flood of 
     1993;
       (G) encouraging wetlands conservation; and
       (H) ensuring the effective implementation of the policies 
     of this Act.
       (3) Public participation.--The Coordinating Committee and 
     the Secretary shall solicit public and expert comments 
     regarding any revision proposed under paragraph (2).
       (4) Revision of planning guidance.--

[[Page S7777]]

       (A) In general.--Not later than 180 days after the date on 
     which a review under paragraph (1) is completed, the 
     Secretary, after providing notice and an opportunity for 
     public comment in accordance with subchapter II of chapter 5, 
     and chapter 7, of title 5, United States Code (commonly known 
     as the ``Administrative Procedure Act''), shall implement 
     such proposed updates and revisions to the planning 
     principles and guidelines, regulations, and circulars of the 
     Corps of Engineers under paragraph (2) as the Secretary 
     determines to be appropriate.
       (B) Effect.--Effective beginning on the date on which the 
     Secretary implements the first update or revision under 
     paragraph (1), subsections (a) and (b) of section 80 of the 
     Water Resources Development Act of 1974 (42 U.S.C. 1962d-17) 
     shall not apply to the Corps of Engineers.
       (5) Report.--
       (A) In general.--The Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate, and to the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives, a report describing any revision of planning 
     guidance under paragraph (4).
       (B) Publication.--The Secretary shall publish the report 
     under subparagraph (A) in the Federal Register.

     SEC. 2007. INDEPENDENT REVIEWS.

       (a) Definitions.--In this section:
       (1) 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.
       (2) Project study.--
       (A) In general.--The term ``project study'' means a 
     feasibility study or reevaluation study for a project.
       (B) Inclusions.--The term ``project study'' includes any 
     other study associated with a modification or update of a 
     project that includes an environmental impact statement or an 
     environmental assessment.
       (b) Peer Reviews.--
       (1) Policy.--
       (A) In general.--Major engineering, scientific, and 
     technical work products related to Corps of Engineers 
     decisions and recommendations to Congress should be peer 
     reviewed.
       (B) Application.--This policy--
       (i) applies to peer review of the scientific, engineering, 
     or technical basis of the decision or recommendation; and
       (ii) does not apply to the decision or recommendation 
     itself.
       (2) Guidelines.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Chief of Engineers shall publish 
     and implement guidelines to Corps of Engineers Division and 
     District Engineers for the use of peer review (including 
     external peer review) of major scientific, engineering, and 
     technical work products that support the recommendations of 
     the Chief to Congress for implementation of water resources 
     projects.
       (B) Information quality act.--The guidelines shall be 
     consistent with section 515 of Public Law 106-554 (114 Stat. 
     2763A153) (commonly known as the ``Information Quality 
     Act''), as implemented in Office of Management and Budget, 
     Revised Information Quality Bulletin for Peer Review, dated 
     December 15, 2004.
       (C) Requirements.--The guidelines shall adhere to the 
     following requirements:
       (i) Application of peer review.--Peer review shall--

       (I) be applied only to the engineering, scientific, and 
     technical basis for recommendations; and
       (II) shall not be applied to--

       (aa) a specific recommendation; or
       (bb) the application of policy to recommendations.
       (ii) Analyses and evaluations in multiple project 
     studies.--Guidelines shall provide for conducting and 
     documenting peer review of major scientific, technical, or 
     engineering methods, models, procedures, or data that are 
     used for conducting analyses and evaluations in multiple 
     project studies.
       (iii) Inclusions.--Peer review applied to project studies 
     may include a review of--

       (I) the economic and environmental assumptions and 
     projections;
       (II) project evaluation data;
       (III) economic or environmental analyses;
       (IV) engineering analyses;
       (V) methods for integrating risk and uncertainty;
       (VI) models used in evaluation of economic or environmental 
     impacts of proposed projects; and
       (VII) any related biological opinions.

       (iv) Exclusion.--Peer review applied to project studies 
     shall exclude a review of any methods, models, procedures, or 
     data previously subjected to peer review.
       (v) Timing of review.--Peer review related to the 
     engineering, scientific, or technical basis of any project 
     study shall be completed prior to the completion of any Chief 
     of Engineers report for a specific water resources project.
       (vi) Delays; increased costs.--Peer reviews shall be 
     conducted in a manner that does not--

       (I) cause a delay in study completion; or
       (II) increase costs.

       (vii) Record of recommendations.--

       (I) In general.--After receiving a report from any peer 
     review panel, the Chief of Engineers shall prepare a record 
     that documents--

       (aa) any recommendations contained in the report; and
       (bb) any written response for any recommendation adopted or 
     not adopted and included in the study documentation.

       (II) External review record.--If the panel is an external 
     peer review panel of a project study, the record of the 
     review shall be included with the report of the Chief of 
     Engineers to Congress.

       (viii) External panel of experts.--

       (I) In general.--Any external panel of experts assembled to 
     review the engineering, science, or technical basis for the 
     recommendations of a specific project study shall--

       (aa) complete the peer review of the project study and 
     submit to the Chief of Engineers a report not later than 180 
     days after the date of establishment of the panel, or (if the 
     Chief of Engineers determines that a longer period of time is 
     necessary) at the time established by the Chief, but in no 
     event later than 90 days after the date a draft project study 
     of the District Engineer is made available for public review; 
     and
       (bb) terminate on the date of submission of the report by 
     the panel.

       (II) Failure to complete review and report.--If an external 
     panel does not complete the peer review of a project study 
     and submit to the Chief of Engineers a report by the deadline 
     established by subclause (I), the Chief of Engineers shall 
     continue the project without delay.

       (3) Costs.--
       (A) In general.--The costs of a panel of experts 
     established for a peer review under this section--
       (i) shall be a Federal expense; and
       (ii) shall not exceed $500,000 for review of the 
     engineering, scientific, or technical basis for any single 
     water resources project study.
       (B) Waiver.--The Chief of Engineers may waive the $500,000 
     limitation under subparagraph (A) if the Chief of Engineers 
     determines appropriate.
       (4) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Chief of Engineers shall submit to 
     Congress a report describing the implementation of this 
     section.
       (5) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to any peer 
     review panel established by the Chief of Engineers.
       (6) Panel of experts.--The Chief of Engineers may 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 peer review for technical and scientific sufficiency.
       (7) 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 the engineering, 
     scientific, or technical basis of any water resources project 
     in existence on the date of enactment of this Act.

     SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

       (a) Completion of Mitigation.--Section 906(a) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283(a)) is 
     amended by adding at the following:
       ``(3) Completion of mitigation.--In any case in which it is 
     not technically practicable to complete mitigation by the 
     last day of construction of the project or separable element 
     of the project because of the nature of the mitigation to be 
     undertaken, the Secretary shall complete the required 
     mitigation as expeditiously as practicable, but in no case 
     later than the last day of the first fiscal year beginning 
     after the last day of construction of the project or 
     separable element of the project.''.
       (b) Use of Consolidated Mitigation.--Section 906(b) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2283(b)) 
     is amended by adding at the end the following:
       ``(3) Use of consolidated mitigation.--
       ``(A) In general.--If the Secretary determines that other 
     forms of compensatory mitigation are not practicable or are 
     less environmentally desirable, the Secretary may purchase 
     available credits from a mitigation bank or conservation bank 
     that is approved in accordance with the Federal Guidance for 
     the Establishment, Use and Operation of Mitigations Banks (60 
     Fed. Reg. 58605) or other applicable Federal laws (including 
     regulations).
       ``(B) Service area.--To the maximum extent practicable, the 
     service area of the mitigation bank or conservation bank 
     shall be in the same watershed as the affected habitat.
       ``(C) Responsibility relieved.--Purchase of credits from a 
     mitigation bank or conservation bank for a water resources 
     project relieves the Secretary and the non-Federal interest 
     from responsibility for monitoring or demonstrating 
     mitigation success.''.
       (c) Mitigation Requirements.--Section 906(d) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283(d)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by striking ``to the Congress 
     unless such report contains'' and inserting ``to Congress, 
     and shall not select a project alternative in any final 
     record of decision, environmental impact statement, or 
     environmental assessment, unless

[[Page S7778]]

     the proposal, record of decision, environmental impact 
     statement, or environmental assessment contains''; and
       (B) in the second sentence, by inserting ``, and other 
     habitat types are mitigated to not less than in-kind 
     conditions'' after ``mitigated in-kind''; and
       (2) 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 
     fully with the mitigation standards and policies established 
     pursuant to section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344).
       ``(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 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;
       ``(iii) 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; and
       ``(II) the resource 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).
       ``(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.
       ``(C) Reporting.--Not later than 60 days after the date of 
     completion of the annual consultation, the Federal agencies 
     consulted shall, and each State in which the project is 
     located may, submit to the Secretary a report that describes 
     the results of the consultation described in (B).
       ``(D) Action by secretary.--The Secretary shall respond in 
     writing to the substance and recommendations contained in 
     each report under subparagraph (C) by not later than 30 days 
     after the date of receipt of the report.
       ``(5) Monitoring.--Mitigation monitoring shall continue 
     until it has been demonstrated that the mitigation has met 
     the ecological success criteria.''.
       (d) Status Report.--
       (1) In general.--Concurrent with the submission of the 
     President to Congress of the request of the President for 
     appropriations for the Civil Works Program for a fiscal year, 
     the Secretary 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 describing the status of 
     construction of projects that require mitigation under 
     section 906 of Water Resources Development Act 1986 (33 
     U.S.C. 2283) and the status of that mitigation.
       (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 completed construction, but have 
     not completed the mitigation required under section 906 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2283).
       (e) Mitigation Tracking System.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     recordkeeping system to track, for each water resources 
     project undertaken by the Secretary and for each permit 
     issued under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344)--
       (A) the quantity and type of wetland and any other habitat 
     type affected by the project, project operation, or permitted 
     activity;
       (B) the quantity and type of mitigation measures required 
     with respect to the project, project operation, or permitted 
     activity;
       (C) the quantity and type of mitigation measures that have 
     been completed with respect to the project, project 
     operation, or permitted activity; and
       (D) the status of monitoring of the mitigation measures 
     carried out with respect to the project, project operation, 
     or permitted activity.
       (2) Requirements.--The recordkeeping system under paragraph 
     (1) shall--
       (A) include information relating to the impacts and 
     mitigation measures relating to projects described in 
     paragraph (1) that occur after November 17, 1986; and
       (B) be organized by watershed, project, permit application, 
     and zip code.
       (3) Availability of information.--The Secretary shall make 
     information contained in the recordkeeping system available 
     to the public on the Internet.

     SEC. 2009. STATE TECHNICAL ASSISTANCE.

       Section 22 of the Water Resources Development Act of 1974 
     (42 U.S.C. 1962d-16) is amended--
       (1) by striking ``Sec. 22. (a) The Secretary'' and 
     inserting the following:

     ``SEC. 22. PLANNING ASSISTANCE TO STATES.

       ``(a) Federal-State Cooperation.--
       ``(1) Comprehensive plans.--The Secretary'';
       (2) in subsection (a), by adding at the end 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 the 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)--
       (A) by striking ``(c) There is'' and inserting the 
     following:
       ``(c) Authorization of Appropriations.--
       ``(1) Federal and state cooperation.--There is'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking ``the provisions of this section except that not 
     more than $500,000 shall be expended in any one year in any 
     one State.'' and inserting ``subsection (a)(1).''; and
       (C) by adding at the end the following:
       ``(2) Technical assistance.--There is authorized to be 
     appropriated to carry out subsection (a)(2) $10,000,000 for 
     each fiscal year, of which not more than $2,000,000 for each 
     fiscal year may be used by the Secretary to enter into 
     cooperative agreements with nonprofit organizations and State 
     agencies to provide assistance to rural and small 
     communities.''; and
       (6) by adding at the end the following:
       ``(e) Annual Submission.--For each fiscal year, based on 
     performance criteria developed by the Secretary, the 
     Secretary shall list in the annual civil works budget 
     submitted to Congress the individual activities proposed for 
     funding under subsection (a)(1) for the fiscal year.''.

     SEC. 2010. ACCESS TO WATER RESOURCE DATA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, shall carry out a program to provide public access 
     to water resource 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 resource 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 $5,000,000 for 
     each fiscal year.

     SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-
                   FEDERAL INTERESTS.

       (a) In General.--Section 211(e)(6) of the Water Resources 
     Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended 
     by adding at the end following:
       ``(E) Budget priority.--
       ``(i) In general.--Budget priority for projects under this 
     section shall be proportionate to the percentage of project 
     completion.
       ``(ii) Completed project.--A completed project shall have 
     the same priority as a project with a contractor on site.''.
       (b) 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:
       ``(9) Thornton reservoir, cook county, illinois.--An 
     element of the project for flood control, Chicagoland 
     Underflow Plan, Illinois.
       ``(10) St. paul downtown airport (holman field), st. paul, 
     minnesota.--The project for flood damage reduction, St. Paul 
     Downtown Holman Field), St. Paul, Minnesota.
       ``(11) Buffalo bayou, texas.--The project for flood 
     control, Buffalo Bayou, Texas, authorized by the first 
     section of the Act of

[[Page S7779]]

     June 20, 1938 (52 Stat. 804, chapter 535) (commonly known as 
     the `River and Harbor Act of 1938') and modified by section 
     3a of the Act of August 11, 1939 (53 Stat. 1414, chapter 699) 
     (commonly known as the `Flood Control Act of 1939'), except 
     that, subject to the approval of the Secretary as provided by 
     this section, the non-Federal interest may design and 
     construct an alternative to such project.
       ``(12) Halls bayou, texas.--The Halls Bayou element of the 
     project for flood control, Buffalo Bayou and tributaries, 
     Texas, authorized by section 101(a)(21) of the Water 
     Resources Development Act of 1990 (33 U.S.C. 2201 note), 
     except that, subject to the approval of the Secretary as 
     provided by this section, the non-Federal interest may design 
     and construct an alternative to such project.
       ``(13) Menomonee river watershed, wisconsin.--The project 
     for the Menominee River Watershed, Wisconsin.''.

     SEC. 2012. 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.--In connection with sediment obtained 
     through the construction, operation, or maintenance of an 
     authorized Federal water resources project, the Secretary, 
     acting through the Chief of Engineers, shall develop Regional 
     Sediment Management plans and carry out projects at locations 
     identified in the plan prepared under subsection (e), 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--
       ``(1) the protection of property;
       ``(2) the protection, restoration, and creation of aquatic 
     and ecologically related habitats, including wetlands; and
       ``(3) the transport and placement of 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 would not result in environmental 
     degradation.
       ``(c) Determination of Planning and Project Costs.--
       ``(1) In general.--In consultation and cooperation with the 
     appropriate Federal, State, regional, and local agencies, the 
     Secretary, acting through the Chief of Engineers, shall 
     develop at Federal expense plans and projects for regional 
     management of sediment obtained in conjunction with 
     construction, operation, and maintenance of Federal water 
     resources projects.
       ``(2) 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 those 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.--The determination of any non-Federal 
     share of the construction cost shall be based on the cost 
     sharing as specified in subsections (a) through (d) of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), for the type of Federal water resource 
     project using the dredged resource.
       ``(C) Total cost.--Total Federal costs associated with 
     construction of a project under this section shall not exceed 
     $5,000,000 without Congressional approval.
       ``(3) Operation, maintenance, replacement, and 
     rehabilitation costs.--Operation, maintenance, replacement, 
     and rehabilitation costs associated with a project are a non-
     Federal sponsor responsibility.
       ``(d) Selection of Sediment Disposal Method for 
     Environmental Purposes.--
       ``(1) In general.--In developing and carrying out a Federal 
     water resources project involving the disposal of 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, acting 
     through the Chief of Engineers, may--
       ``(1) cooperate with any State in the preparation of a 
     comprehensive State or regional coastal 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 regional sediment management 
     projects in the vicinity of--
       ``(1) Fire Island Inlet, Suffolk County, New York;
       ``(2) Fletcher Cove, California;
       ``(3) Delaware River Estuary, New Jersey and Pennsylvania; 
     and
       ``(4) Toledo Harbor, Lucas County, Ohio.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 
     during each fiscal year, to remain available until expended, 
     for the Federal costs identified under subsection (c), of 
     which up to $5,000,000 shall be used for the development of 
     regional sediment management plans as provided in subsection 
     (e).
       ``(h) Nonprofit Entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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.''.
       (b) 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, acting through the 
     Chief of Engineers, may complete any project being carried 
     out under section 145 on the day before the date of enactment 
     of this Act.

     SEC. 2013. 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 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 
     under the first section of this Act shall apply to a project 
     under this section.
       ``(3) Completeness.--A project under this section--
       ``(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, acting through the Chief 
     of Engineers, shall conduct a national shoreline erosion 
     control development and demonstration program (referred to in 
     this section as the `program').
       ``(2) Requirements.--
       ``(A) In general.--The program shall include provisions 
     for--
       ``(i) projects consisting of planning, design, 
     construction, and adequate monitoring of prototype engineered 
     and native and naturalized vegetative shoreline erosion 
     control devices and methods;
       ``(ii) detailed engineering and environmental reports on 
     the results of each project carried out under the program; 
     and
       ``(iii) 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 this 
     section shall not be carried out until the Secretary, acting 
     through the Chief of Engineers, determines that the project 
     is feasible.
       ``(C) Emphasis.--A project carried out under the 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) the potential for long-term protection afforded by 
     the technology; and
       ``(vii) recommendations developed from evaluations of the 
     program established under the Shoreline Erosion Control 
     Demonstration Act of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 
     26), 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 program shall be 
     carried out at--

       ``(I) a privately owned site with substantial public 
     access; or

[[Page S7780]]

       ``(II) a publicly owned site on open coast or in tidal 
     waters.

       ``(ii) Selection.--The Secretary, acting through the Chief 
     of Engineers, shall develop criteria for the selection of 
     sites for projects under the 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, acting through the 
     Chief of Engineers, shall carry out the 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 
     lifecycle cost of a demonstration project under this section, 
     the Secretary, acting through the Chief of Engineers, may--
       ``(A) at the request of a non-Federal interest of the 
     project, amend the agreement for a federally-authorized shore 
     protection project in existence on the date on which initial 
     construction of the demonstration project is complete to 
     incorporate the demonstration project as a feature of the 
     shore protection project, with the future cost of the 
     demonstration project to be determined by the cost-sharing 
     ratio of the shore protection project; or
       ``(B) transfer all interest in and responsibility for the 
     completed demonstration project to the non-Federal or other 
     Federal agency interest of the project.
       ``(5) Agreements.--The Secretary, acting through the Chief 
     of Engineers, may enter into an agreement with the non-
     Federal or other Federal agency interest of a project under 
     this section--
       ``(A) to share the costs of construction, operation, 
     maintenance, and monitoring of a project under the program;
       ``(B) to share the costs of removing a project or project 
     element constructed under the program, if the Secretary 
     determines that the project or project element is detrimental 
     to private property, public infrastructure, or public safety; 
     or
       ``(C) to specify ownership of a completed project that the 
     Chief of Engineers determines will not be part of a Corps of 
     Engineers project.
       ``(6) Report.--Not later than December 31 of each year 
     beginning after the date of enactment of this paragraph, 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 program during the preceding year; 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 the program.
       ``(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 $3,000,000.''.
       (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. 426e et seq.; 110 Stat. 3700) is repealed.

     SEC. 2014. 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 shore 
     protection projects 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, preference 
     shall be given to--
       (1) areas in which there has been a Federal investment of 
     funds; 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 to 
     each shore protection and beach renourishment project 
     (including shore protection and beach renourishment projects 
     in existence on the date of enactment of this Act).

     SEC. 2015. COST SHARING FOR MONITORING.

       (a) In General.--Costs incurred for monitoring for an 
     ecosystem restoration project shall be cost-shared--
       (1) in accordance with the formula relating to the 
     applicable original construction project; and
       (2) for a maximum period of 10 years.
       (b) Aggregate Limitation.--Monitoring costs for an 
     ecosystem restoration project--
       (1) shall not exceed in the aggregate, for a 10-year 
     period, an amount equal to 5 percent of the cost of the 
     applicable original construction project; and
       (2) after the 10-year period, shall be 100 percent non-
     Federal.

     SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

       For each of the following projects, the Corps of Engineers 
     shall include ecosystem restoration benefits in the 
     calculation of benefits for the project:
       (1) Grayson's Creek, California.
       (2) Seven Oaks, California.
       (3) Oxford, California.
       (4) Walnut Creek, California.
       (5) Wildcat Phase II, California.

     SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING 
                   OF PERMITS.

       Section 214(a) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is amended by 
     striking ``In fiscal years 2001 through 2003, the'' and 
     inserting ``The''.

     SEC. 2018. 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 Corps of Engineers.
       (b) Limitations.--This section does not preclude the 
     submission of a hard copy, as required.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000.

     SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF 
                   ENGINEERS RESERVOIRS.

       (a) In General.--As part of the operation and maintenance, 
     by the Corps of Engineers, of reservoirs in operation as of 
     the date of enactment of this Act, the Secretary shall carry 
     out the measures described in subsection (c) to support the 
     water resource needs of project sponsors and any affected 
     State, local, or tribal government for authorized project 
     purposes.
       (b) Cooperation.--The Secretary shall carry out the 
     measures described in subsection (c) in cooperation and 
     coordination with project sponsors and any affected State, 
     local, or tribal government.
       (c) Measures.--In carrying out this section, the Secretary 
     may--
       (1) conduct a study to identify unused, underused, or 
     additional water storage capacity at reservoirs;
       (2) review an operational plan and identify any change to 
     maximize an authorized project purpose to improve water 
     storage capacity and enhance efficiency of releases and 
     withdrawal of water;
       (3) improve and update data, data collection, and 
     forecasting models to maximize an authorized project purpose 
     and improve water storage capacity and delivery to water 
     users; and
       (4) conduct a sediment study and implement any sediment 
     management or removal measure.
       (d) Revenues for Special Cases.--
       (1) Costs of water supply storage.--In the case of a 
     reservoir operated or maintained by the Corps of Engineers on 
     the date of enactment of this Act, the storage charge for a 
     future contract or contract renewal for the first cost of 
     water supply storage at the reservoir shall be the lesser of 
     the estimated cost of purposes foregone, replacement costs, 
     or the updated cost of storage.
       (2) Reallocation.--In the case of a water supply that is 
     reallocated from another project purpose to municipal or 
     industrial water supply, the joint use costs for the 
     reservoir shall be adjusted to reflect the reallocation of 
     project purposes.
       (3) Credit for affected project purposes.--In the case of a 
     reallocation that adversely affects hydropower generation, 
     the Secretary shall defer to the Administrator of the 
     respective Power Marketing Administration to calculate the 
     impact of such a reallocation on the rates for hydroelectric 
     power.

     SEC. 2020. FEDERAL HOPPER DREDGES.

       (a) Elimination of Restriction on Use.--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.''.
       (b) Decommission.--Section 563 of the Water Resources 
     Development Act of 1996 (110 Stat. 3784) is amended to read 
     as follows:

     ``SEC. 563. HOPPER DREDGE MCFARLAND.

       ``Not later than 2 years after the date of enactment of the 
     Water Resources Development Act of 2006, the Secretary shall 
     promulgate such regulations and take such actions as the 
     Secretary determines to be necessary to decommission the 
     Federal hopper dredge McFarland.''.

[[Page S7781]]

     SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.

       In the State of Louisiana, extraordinary rainfall events 
     such as Hurricanes Katrina and Rita, which occurred during 
     calendar year 2005, and Hurricane Andrew, which occurred 
     during calendar year 1992, shall not be considered in making 
     a determination with respect to the ordinary high water mark 
     for purposes of carrying out section 10 of the Act of March 
     3, 1899 (33 U.S.C. 403) (commonly known as the ``Rivers and 
     Harbors Act'').

     SEC. 2022. 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. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.

       Section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b(b)) is amended--
       (1) by striking ``A non-Federal interest shall be'' and 
     inserting the following:
       ``(1) In general.--In this section, the term `non-Federal 
     interest' means''; and
       (2) by adding at the end the following:
       ``(2) Inclusions.--The term `non-Federal interest' includes 
     a nonprofit organization acting with the consent of the 
     affected unit of government.''.

     SEC. 2024. 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 maintain at 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.--
       (A) In general.--Each document described in paragraph (1) 
     shall be made available to the public for review, and an 
     electronic copy of each document shall be made permanently 
     available to the public through the Internet website of the 
     Corps of Engineers.
       (B) Cost.--The Secretary shall charge the requestor for the 
     cost of duplication of the requested document.

     SEC. 2025. 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. 2026. NATIONAL DAM SAFETY PROGRAM REAUTHORIZATION.

       (a) Short Title.--This section may be cited as the 
     ``National Dam Safety Program Act of 2006''.
       (b) Reauthorization.--Section 13 of the National Dam Safety 
     Program Act (33 U.S.C. 467j) is amended--
       (1) in subsection (a)(1), by adding ``, and $8,000,000 for 
     each of fiscal years 2007 through 2011, to remain available 
     until expended'' after ``expended'';
       (2) in subsection (b), by striking ``$500,000'' and 
     inserting ``$1,000,000'';
       (3) in subsection (c), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended'';
       (4) in subsection (d), by inserting before the period at 
     the end the following: ``, and $700,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended''; and
       (5) in subsection (e), by inserting before the period at 
     the end the following: ``, and $1,000,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended''.

     SEC. 2027. EXTENSION OF SHORE PROTECTION PROJECTS.

       (a) In General.--Before the date on which the applicable 
     period for Federal financial participation in a shore 
     protection project terminates, the Secretary, acting through 
     the Chief of Engineers, is authorized to review the shore 
     protection project to determine whether it would be feasible 
     to extend the period of Federal financial participation 
     relating to the project.
       (b) Report.--The Secretary shall submit to Congress a 
     report describing the results of each review conducted under 
     subsection (a).

              Subtitle B--Continuing Authorities Projects

     SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBOURNE 
                   TRANSPORTATION.

       Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
     577) is amended--
       (1) by striking ``Sec. 107. (a) That the Secretary of the 
     Army is hereby authorized to'' and inserting the following:

     ``SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBOURNE 
                   TRANSPORTATION.

       ``(a) In General.--The Secretary of the Army may'';
       (2) in subsection (b)--
       (A) by striking ``(b) Not more'' and inserting the 
     following:
       ``(b) Allotment.--Not more''; and
       (B) by striking ``$4,000,000'' and inserting 
     ``$7,000,000'';
       (3) in subsection (c), by striking ``(c) Local'' and 
     inserting the following:
       ``(c) Local Contributions.--Local'';
       (4) in subsection (d), by striking ``(d) Non-Federal'' and 
     inserting the following:
       ``(d) Non-Federal Share.--Non-Federal'';
       (5) in subsection (e), by striking ``(e) Each'' and 
     inserting the following:
       ``(e) Completion.--Each''; and
       (6) in subsection (f), by striking ``(f) This'' and 
     inserting the following:
       ``(f) Applicability.--This''.

     SEC. 2032. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT 
                   SHORES AND STREAMBANKS.

       Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r) is amended--
       (1) by striking ``$15,000,000'' and inserting 
     ``$20,000,000''; and
       (2) by striking ``$1,000,000'' and inserting 
     ``$1,500,000''.

     SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF 
                   AQUATIC AND RIPARIAN ECOSYSTEMS PROGRAM.

       Section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF 
                   AQUATIC AND RIPARIAN ECOSYSTEMS PROGRAM.'';

       (2) in subsection (a), by striking ``an aquatic'' and 
     inserting ``a freshwater aquatic''; and
       (3) in subsection (e), by striking ``$25,000,000'' and 
     inserting ``$75,000,000''.

     SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR 
                   IMPROVEMENT AND RESTORATION OF ECOSYSTEMS 
                   PROGRAM.

       Section 1135 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2309a) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR 
                   IMPROVEMENT AND RESTORATION OF ECOSYSTEMS 
                   PROGRAM.'';

       and
       (2) in subsection (h), by striking ``25,000,000'' and 
     inserting ``$50,000,000''.

     SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COASTAL 
                   HABITATS.

       (a) In General.--The Secretary may carry out an estuary 
     habitat restoration project if the Secretary determines that 
     the project--
       (1) 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));
       (2) is in the public interest; and
       (3) is cost-effective.
       (b) Cost Sharing.--The non-Federal share of the cost of 
     construction of any project under this section--
       (1) shall be 35 percent; and
       (2) shall include the costs of all land, easements, rights-
     of-way, and necessary relocations.
       (c) Agreements.--Construction of a project under this 
     section shall commence only after a non-Federal interest has 
     entered into a binding agreement with the Secretary to pay--
       (1) the non-Federal share of the costs of construction 
     required under subsection (b); and
       (2) in accordance with regulations promulgated by the 
     Secretary, 100 percent of the costs of any operation, 
     maintenance, replacement, or rehabilitation of the project.
       (d) Limitation.--Not more than $5,000,000 in Federal funds 
     may be allocated under this section for a project at any 1 
     location.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each fiscal year beginning after the date of enactment of 
     this Act.

     SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

       Section 560 of the Water Resources Development Act of 1999 
     (33 U.S.C. 2336; 113 Stat. 354-355) is amended--
       (1) by striking subsection (f);
       (2) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively;
       (3) by inserting before subsection (b) (as redesignated by 
     paragraph (2)) the following:
       ``(a) Definition of Non-Federal Interest.--In this section, 
     the term `non-Federal interest' includes, with the consent of 
     the affected local government, nonprofit entities, 
     notwithstanding section 221 of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b).'';
       (4) in subsection (b) (as redesignated by paragraph (2))--
       (A) by inserting ``, and construction'' before 
     ``assistance''; and
       (B) by inserting ``, including, with the consent of the 
     affected local government, nonprofit entities,'' after ``non-
     Federal interests'';
       (5) in paragraph (3) of subsection (c) (as redesignated by 
     paragraph (2))--
       (A) by inserting ``physical hazards and'' after 
     ``adverse''; and
       (B) by striking ``drainage from'';
       (6) in subsection (d) (as redesignated by paragraph (2)), 
     by striking ``50'' and inserting ``25''; and
       (7) by adding at the end the following:
       ``(g) Operation and Maintenance.--The non-Federal share of 
     the costs of operation and maintenance for a project carried 
     out under this section shall be 100 percent.
       ``(h) No Effect on Liability.--The provision of assistance 
     under this section shall not relieve from liability any 
     person that would otherwise be liable under Federal or State 
     law for damages, response costs, natural resource damages, 
     restitution, equitable relief, or any other relief.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for each fiscal 
     year $45,000,000, to remain available until expended.''.

     SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION AND REMOVAL 
                   OF DAMS.

       (a) In General.--The Secretary may carry out a small dam 
     removal or rehabilitation

[[Page S7782]]

     project if the Secretary determines that the project will 
     improve the quality of the environment or is in the public 
     interest.
       (b) Cost Sharing.--A non-Federal interest shall provide 35 
     percent of the cost of the removal or remediation of any 
     project carried out under this section, including provision 
     of all land, easements, rights-of-way, and necessary 
     relocations.
       (c) Agreements.--Construction of a project under this 
     section shall be commenced only after a non-Federal interest 
     has entered into a binding agreement with the Secretary to 
     pay--
       (1) the non-Federal share of the costs of construction 
     required by this section; and
       (2) 100 percent of any operation and maintenance cost.
       (d) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single location.
       (e) Funding.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each fiscal year.

     SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

       (a) In General.--The Secretary shall develop eligibility 
     criteria for Federal participation in navigation projects 
     located in economically disadvantaged communities that are--
       (1) dependent on water transportation for subsistence; and
       (2) located in--
       (A) remote areas of the United States;
       (B) American Samoa;
       (C) Guam;
       (D) the Commonwealth of the Northern Mariana Islands;
       (E) the Commonwealth of Puerto Rico; or
       (F) the United States Virgin Islands.
       (b) Administration.--The criteria developed under this 
     section--
       (1) shall--
       (A) provide for economic expansion; and
       (B) identify opportunities for promoting economic growth; 
     and
       (2) shall not require project justification solely on the 
     basis of National Economic Development benefits received.

     SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

       (a) Partnership Agreements.--Section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b) is amended--
       (1) by redesignating subsection (e) as subsection (g); and
       (2) by inserting after subsection (d) the following:
       ``(e) Public Health and Safety.--If the Secretary 
     determines that a project needs to be continued for the 
     purpose of public health and safety--
       ``(1) the non-Federal interest shall pay the increased 
     projects costs, up to an amount equal to 20 percent of the 
     original estimated project costs and in accordance with the 
     statutorily-determined cost share; and
       ``(2) notwithstanding the statutorily-determined Federal 
     share, the Secretary shall pay all increased costs remaining 
     after payment of 20 percent of the increased costs by the 
     non-Federal interest under paragraph (1).
       ``(f) Limitation.--Nothing in subsection (a) limits the 
     authority of the Secretary to ensure that a partnership 
     agreement meets the requirements of law and policies of the 
     Secretary in effect on the date of execution of the 
     partnership agreement.''.
       (b) Local Cooperation.--Section 912(b) of the Water 
     Resources Development Act of 1986 (100 Stat. 4190) is 
     amended--
       (1) in paragraph (2)--
       (A) in the first sentence, by striking ``shall'' and 
     inserting ``may''; and
       (B) by striking the second sentence; and
       (2) in paragraph (4)--
       (A) in the first sentence--
       (i) by striking ``injunction, for'' and inserting 
     ``injunction and payment of liquidated damages, for''; and
       (ii) by striking ``to collect a civil penalty imposed under 
     this section,''; and
       (B) in the second sentence, by striking ``any civil penalty 
     imposed under this section,'' and inserting ``any liquidated 
     damages,''.
       (c) Applicability.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a) and (b) shall apply only 
     to partnership agreements entered into after the date of 
     enactment of this Act.
       (2) Exception.--Notwithstanding paragraph (1), the district 
     engineer for the district in which a project is located may 
     amend the partnership agreement for the project entered into 
     on or before the date of enactment of this Act--
       (A) at the request of a non-Federal interest for a project; 
     and
       (B) if construction on the project has not been initiated 
     as of the date of enactment of this Act.
       (d) References.--
       (1) 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 considered to be a reference to a partnership 
     agreement or a project partnership agreement, respectively.
       (2) Partnership agreements.--Any reference to a partnership 
     agreement or project partnership agreement in this Act (other 
     than in this section) shall be considered to be a reference 
     to a cooperation agreement or a project cooperation 
     agreement, respectively.

     SEC. 2040. PROGRAM NAMES.

       Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s) is amended by striking ``Sec. 205. That the'' and 
     inserting the following:

     ``SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOODING AND 
                   OBTAIN RISK MINIMIZATION.

       ``The''.

               Subtitle C--National Levee Safety Program

     SEC. 2051. SHORT TITLE.

       This subtitle may be cited as the ``National Levee Safety 
     Program Act of 2006''.

     SEC. 2052. DEFINITIONS.

       In this subtitle:
       (1) Assessment.--The term ``assessment'' means the periodic 
     engineering evaluation of a levee by a registered 
     professional engineer to--
       (A) review the engineering features of the levee; and
       (B) develop a risk-based performance evaluation of the 
     levee, taking into consideration potential consequences of 
     failure or overtopping of the levee.
       (2) Committee.--The term ``Committee'' means the National 
     Levee Safety Committee established by section 2053(a).
       (3) Inspection.--The term ``inspection'' means an annual 
     review of a levee to verify whether the owner or operator of 
     the levee is conducting required operation and maintenance in 
     accordance with established levee maintenance standards.
       (4) Levee.--The term ``levee'' means an embankment 
     (including a floodwall) that--
       (A) is designed, constructed, or operated for the purpose 
     of flood or storm damage reduction;
       (B) reduces the risk of loss of human life or risk to the 
     public safety; and
       (C) is not otherwise defined as a dam by the Federal 
     Guidelines for Dam Safety.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (6) 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.
       (7) State levee safety agency.--The term ``State levee 
     safety agency'' means the State agency that has regulatory 
     authority over the safety of any non-Federal levee in a 
     State.
       (8) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.

     SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a National 
     Levee Safety Committee, consisting of representatives of 
     Federal agencies and State, tribal, and local governments, in 
     accordance with this subsection.
       (2) Federal agencies.--
       (A) In general.--The head of each Federal agency and the 
     head of the International Boundary Waters Commission may 
     designate a representative to serve on the Committee.
       (B) Action by secretary.--The Secretary shall ensure, to 
     the maximum extent practicable, that--
       (i) each Federal agency that designs, owns, operates, or 
     maintains a levee is represented on the Committee; and
       (ii) each Federal agency that has responsibility for 
     emergency preparedness or response activities is represented 
     on the Committee.
       (3) Tribal, state, and local governments.--
       (A) In general.--The Secretary shall appoint 8 members to 
     the Committee--
       (i) 3 of whom shall represent tribal governments affected 
     by levees, based on recommendations of tribal governments;
       (ii) 3 of whom shall represent State levee safety agencies, 
     based on recommendations of Governors of the States; and
       (iii) 2 of whom shall represent local governments, based on 
     recommendations of Governors of the States.
       (B) Requirement.--In appointing members under subparagraph 
     (A), the Secretary shall ensure broad geographic 
     representation, to the maximum extent practicable.
       (4) Chairperson.--The Secretary shall serve as Chairperson 
     of the Committee.
       (5) Other members.--The Secretary, in consultation with the 
     Committee, may invite to participate in meetings of the 
     Committee, as appropriate, 1 or more of the following:
       (A) Representatives of the National Laboratories.
       (B) Levee safety experts.
       (C) Environmental organizations.
       (D) Members of private industry.
       (E) Any other individual or entity, as the Committee 
     determines to be appropriate.
       (b) Duties.--
       (1) In general.--The Committee shall--
       (A) advise the Secretary in implementing the national levee 
     safety program under section 2054;
       (B) support the establishment and maintenance of effective 
     programs, policies, and guidelines to enhance levee safety 
     for the protection of human life and property throughout the 
     United States; and
       (C) support coordination and information exchange between 
     Federal agencies and State levee safety agencies that share 
     common problems and responsibilities relating to levee 
     safety, including planning, design, construction, operation, 
     emergency action planning, inspections, maintenance, 
     regulation or licensing, technical or financial assistance, 
     research, and data management.
       (c) Powers.--

[[Page S7783]]

       (1) Information from federal agencies.--
       (A) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers to 
     be necessary to carry out this section.
       (B) Provision of information.--On request of the Committee, 
     the head of a Federal agency shall provide the information to 
     the Committee.
       (2) Contracts.--The Committee may enter into any contract 
     the Committee determines to be necessary to carry out a duty 
     of the Committee.
       (d) Working Groups.--
       (1) In general.--The Secretary may establish working groups 
     to assist the Committee in carrying out this section.
       (2) Membership.--A working group under paragraph (1) shall 
     be composed of--
       (A) members of the Committee; and
       (B) any other individual, as the Secretary determines to be 
     appropriate.
       (e) Compensation of Members.--
       (1) Federal employees.--A member of the Committee who is an 
     officer or employee of the United States shall serve without 
     compensation in addition to compensation received for the 
     services of the member as an officer or employee of the 
     United States.
       (2) Other members.--A member of the Committee who is not an 
     officer or employee of the United States shall serve without 
     compensation.
       (f) Travel Expenses.--
       (1) Representatives of federal agencies.--To the extent 
     amounts are made available in advance in appropriations Acts, 
     a member of the Committee who represents a Federal agency 
     shall be reimbursed with appropriations for travel expenses 
     by the agency of the member, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from home or regular place of business of 
     the member in the performance of services for the Committee.
       (2) Other individuals.--To the extent amounts are made 
     available in advance in appropriations Acts, a member of the 
     Committee who represents a State levee safety agency, a 
     member of the Committee who represents the private sector, 
     and a member of a working group created under subsection (d) 
     shall be reimbursed for travel expenses by the Secretary, 
     including per diem in lieu of subsistence, at rates 
     authorized for an employee of an agency under subchapter 1 of 
     chapter 57 of title 5, United States Code, while away from 
     home or regular place of business of the member in 
     performance of services for the Committee.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Committee.

     SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Committee and State levee safety agencies, shall establish 
     and maintain a national levee safety program.
       (b) Purposes.--The purposes of the program under this 
     section are--
       (1) to ensure that new and existing levees are safe through 
     the development of technologically and economically feasible 
     programs and procedures for hazard reduction relating to 
     levees;
       (2) to encourage appropriate engineering policies and 
     procedures to be used for levee site investigation, design, 
     construction, operation and maintenance, and emergency 
     preparedness;
       (3) to encourage the establishment and implementation of 
     effective levee safety programs in each State;
       (4) to develop and support public education and awareness 
     projects to increase public acceptance and support of State 
     levee safety programs;
       (5) to develop technical assistance materials for Federal 
     and State levee safety programs;
       (6) to develop methods of providing technical assistance 
     relating to levee safety to non-Federal entities; and
       (7) to develop technical assistance materials, seminars, 
     and guidelines to improve the security of levees in the 
     United States.
       (c) Strategic Plan.--In carrying out the program under this 
     section, the Secretary, in coordination with the Committee, 
     shall prepare a strategic plan--
       (1) to establish goals, priorities, and target dates to 
     improve the safety of levees in the United States;
       (2) to cooperate and coordinate with, and provide 
     assistance to, State levee safety agencies, to the maximum 
     extent practicable;
       (3) to share information among Federal agencies, State and 
     local governments, and private entities relating to levee 
     safety; and
       (4) to provide information to the public relating to risks 
     associated with levee failure or overtopping.
       (d) Federal Guidelines.--
       (1) In general.--In carrying out the program under this 
     section, the Secretary, in coordination with the Committee, 
     shall establish Federal guidelines relating to levee safety.
       (2) Incorporation of federal activities.--The Federal 
     guidelines under paragraph (1) shall incorporate, to the 
     maximum extent practicable, any activity carried out by a 
     Federal agency as of the date on which the guidelines are 
     established.
       (e) Incorporation of Existing Activities.--The program 
     under this section shall incorporate, to the maximum extent 
     practicable--
       (1) any activity carried out by a State or local 
     government, or a private entity, relating to the 
     construction, operation, or maintenance of a levee; and
       (2) any activity carried out by a Federal agency to support 
     an effort by a State levee safety agency to develop and 
     implement an effective levee safety program.
       (f) Inventory of Levees.--The Secretary shall develop, 
     maintain, and periodically publish an inventory of levees in 
     the United States, including the results of any levee 
     assessment conducted under this section and inspection.
       (g) Assessments of Levees.--
       (1) In general.--Except as provided in paragraph (2), as 
     soon as practicable after the date of enactment of this Act, 
     the Secretary shall conduct an assessment of each levee in 
     the United States that protects human life or the public 
     safety to determine the potential for a failure or 
     overtopping of the levee that would pose a risk of loss of 
     human life or a risk to the public safety.
       (2) Exception.--The Secretary may exclude from assessment 
     under paragraph (1) any non-Federal levee the failure or 
     overtopping of which would not pose a risk of loss of human 
     life or a risk to the public safety.
       (3) Prioritization.--In determining the order in which to 
     assess levees under paragraph (1), the Secretary shall give 
     priority to levees the failure or overtopping of which would 
     constitute the highest risk of loss of human life or a risk 
     to the public safety, as determined by the Secretary.
       (4) Determination.--In assessing levees under paragraph 
     (1), the Secretary shall take into consideration the 
     potential of a levee to fail or overtop because of--
       (A) hydrologic or hydraulic conditions;
       (B) storm surges;
       (C) geotechnical conditions;
       (D) inadequate operating procedures;
       (E) structural, mechanical, or design deficiencies; or
       (F) other conditions that exist or may occur in the 
     vicinity of the levee.
       (5) State participation.--On request of a State levee 
     safety agency, with respect to any levee the failure of which 
     would affect the State, the Secretary shall--
       (A) provide information to the State levee safety agency 
     relating to the construction, operation, and maintenance of 
     the levee; and
       (B) allow an official of the State levee safety agency to 
     participate in the assessment of the levee.
       (6) Report.--As soon as practicable after the date on which 
     a levee is assessed under this section, the Secretary shall 
     provide to the Governor of the State in which the levee is 
     located a notice describing the results of the assessment, 
     including--
       (A) a description of the results of the assessment under 
     this subsection;
       (B) a description of any hazardous condition discovered 
     during the assessment; and
       (C) on request of the Governor, information relating to any 
     remedial measure necessary to mitigate or avoid any hazardous 
     condition discovered during the assessment.
       (7) Subsequent assessments.--
       (A) In general.--After the date on which a levee is 
     initially assessed under this subsection, the Secretary shall 
     conduct a subsequent assessment of the levee not less 
     frequently than once every 5 years.
       (B) State assessment of non-federal levees.--
       (i) In general.--Each State shall conduct assessments of 
     non-Federal levees located within the State in accordance 
     with the applicable State levee safety program.
       (ii) Availability of information.--Each State shall make 
     the results of the assessments under clause (i) available for 
     inclusion in the national inventory under subsection (f).
       (iii) Non-federal levees.--

       (I) In general.--On request of the Governor of a State, the 
     Secretary may assess a non-Federal levee in the State.
       (II) Cost.--The State shall pay 100 percent of the cost of 
     an assessment under subclause (I).
       (III) Funding.--The Secretary may accept funds from any 
     levee owner for the purposes of conducting engineering 
     assessments to determine the performance and structural 
     integrity of a levee.

       (h) State Levee Safety Programs.--
       (1) Assistance to states.--In carrying out the program 
     under this section, the Secretary shall provide funds to 
     State levee safety agencies (or another appropriate State 
     agency, as designated by the Governor of the State) to assist 
     States in establishing, maintaining, and improving levee 
     safety programs.
       (2) Application.--
       (A) In general.--To receive funds under this subsection, a 
     State levee safety agency shall submit to the Secretary an 
     application in such time, in such manner, and containing such 
     information as the Secretary may require.
       (B) Inclusion.--An application under subparagraph (A) shall 
     include an agreement between the State levee safety agency 
     and the Secretary under which the State levee safety agency 
     shall, in accordance with State law--
       (i) review and approve plans and specifications to 
     construct, enlarge, modify, remove, or abandon a levee in the 
     State;
       (ii) perform periodic evaluations during levee construction 
     to ensure compliance with the approved plans and 
     specifications;
       (iii) approve the construction of a levee in the State 
     before the date on which the levee becomes operational;

[[Page S7784]]

       (iv) assess, at least once every 5 years, all levees and 
     reservoirs in the State the failure of which would cause a 
     significant risk of loss of human life or risk to the public 
     safety to determine whether the levees and reservoirs are 
     safe;
       (v) establish a procedure for more detailed and frequent 
     safety evaluations;
       (vi) ensure that assessments are led by a State-registered 
     professional engineer with related experience in levee design 
     and construction;
       (vii) issue notices, if necessary, to require owners of 
     levees to perform necessary maintenance or remedial work, 
     improve security, revise operating procedures, or take other 
     actions, including breaching levees;
       (viii) contribute funds to--

       (I) ensure timely repairs or other changes to, or removal 
     of, a levee in order to reduce the risk of loss of human life 
     and the risk to public safety; and
       (II) if the owner of a levee does not take an action 
     described in subclause (I), take appropriate action as 
     expeditiously as practicable;

       (ix) establish a system of emergency procedures and 
     emergency response plans to be used if a levee fails or if 
     the failure of a levee is imminent;
       (x) identify--

       (I) each levee the failure of which could be reasonably 
     expected to endanger human life;
       (II) the maximum area that could be flooded if a levee 
     failed; and
       (III) necessary public facilities that would be affected by 
     the flooding; and

       (xi) for the period during which the funds are provided, 
     maintain or exceed the aggregate expenditures of the State 
     during the 2 fiscal years preceding the fiscal year during 
     which the funds are provided to ensure levee safety.
       (3) Determination of secretary.--
       (A) In general.--Not later than 120 days after the date on 
     which the Secretary receives an application under paragraph 
     (2), the Secretary shall approve or disapprove the 
     application.
       (B) Notice of disapproval.--If the Secretary disapproves an 
     application under subparagraph (A), the Secretary shall 
     immediately provide to the State levee safety agency a 
     written notice of the disapproval, including a description 
     of--
       (i) the reasons for the disapproval; and
       (ii) changes necessary for approval of the application, if 
     any.
       (C) Failure to determine.--If the Secretary fails to make a 
     determination by the deadline under subparagraph (A), the 
     application shall be considered to be approved.
       (4) Review of state levee safety programs.--
       (A) In general.--The Secretary, in conjunction with the 
     Committee, may periodically review any program carried out 
     using funds under this subsection.
       (B) Inadequate programs.--If the Secretary determines under 
     a review under subparagraph (A) that a program is inadequate 
     to reasonably protect human life and property, the Secretary 
     shall, until the Secretary determines the program to be 
     adequate--
       (i) revoke the approval of the program; and
       (ii) withhold assistance under this subsection.
       (i) Reporting.--Not later than 90 days after the end of 
     each odd-numbered fiscal year, the Secretary, in consultation 
     with the Committee, shall submit to Congress a report 
     describing--
       (1) the status of the program under this section;
       (2) the progress made by Federal agencies during the 2 
     preceding fiscal years in implementing Federal guidelines for 
     levee safety;
       (3) the progress made by State levee safety agencies 
     participating in the program; and
       (4) recommendations for legislative or other action that 
     the Secretary considers to be necessary, if any.
       (j) Research.--The Secretary, in coordination with the 
     Committee, shall carry out a program of technical and 
     archival research to develop and support--
       (1) improved techniques, historical experience, and 
     equipment for rapid and effective levee construction, 
     rehabilitation, and assessment or inspection;
       (2) the development of devices for the continued monitoring 
     of levee safety;
       (3) the development and maintenance of information 
     resources systems required to manage levee safety projects; 
     and
       (4) public policy initiatives and other improvements 
     relating to levee safety engineering, security, and 
     management.
       (k) Participation by State Levee Safety Agencies.--In 
     carrying out the levee safety program under this section, the 
     Secretary shall--
       (1) solicit participation from State levee safety agencies; 
     and
       (2) periodically update State levee safety agencies and 
     Congress on the status of the program.
       (l) Levee Safety Training.--The Secretary, in consultation 
     with the Committee, shall establish a program under which the 
     Secretary shall provide training for State levee safety 
     agency staff and inspectors to a State that has, or intends 
     to develop, a State levee safety program, on request of the 
     State.
       (m) Effect of Subtitle.--Nothing in this subtitle--
       (1) creates any Federal liability relating to the recovery 
     of a levee caused by an action or failure to act;
       (2) relieves an owner or operator of a levee of any legal 
     duty, obligation, or liability relating to the ownership or 
     operation of the levee; or
       (3) except as provided in subsection (g)(7)(B)(iii)(III), 
     preempts any applicable Federal or State law.

     SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary--
       (1) $50,000,000 to establish and maintain the inventory 
     under section 2054(f);
       (2) $424,000,000 to carry out levee safety assessments 
     under section 2054(g);
       (3) to provide funds for State levee safety programs under 
     section 2054(h)--
       (A) $15,000,000 for fiscal year 2007; and
       (B) $5,000,000 for each of fiscal years 2008 through 2011;
       (4) $2,000,000 to carry out research under section 2054(j);
       (5) $1,000,000 to carry out levee safety training under 
     section 2054(l); and
       (6) $150,000 to provide travel expenses to members of the 
     Committee under section 2053(f).

                 TITLE III--PROJECT-RELATED PROVISIONS

     SEC. 3001. 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. 3002. SITKA, ALASKA.

       The Sitka, Alaska, element of the project for navigation, 
     Southeast Alaska Harbors of Refuge, Alaska, authorized by 
     section 101 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 full Federal expense. The 
     estimated cost is $6,300,000.

     SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

       (a) In General.--The Secretary shall construct a new 
     project management office located in the city of Tuscaloosa, 
     Alabama, at a location within the vicinity of the city, at 
     full Federal expense.
       (b) Transfer of Land and Structures.--The Secretary shall 
     sell, convey, or otherwise transfer to the city of 
     Tuscaloosa, Alabama, at fair market value, the land and 
     structures associated with the existing project management 
     office, if the city agrees to assume full responsibility for 
     demolition of the existing project management office.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (a) $32,000,000.

     SEC. 3004. 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. 3005. AUGUSTA AND CLARENDON, ARKANSAS.

       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.

     SEC. 3006. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND 
                   LOUISIANA.

       (a) In General.--Section 204 of the Flood Control Act of 
     1950 (64 Stat. 170) is amended in the matter under the 
     heading ``RED-OUACHITA RIVER BASIN'' by striking ``at Calion, 
     Arkansas'' and inserting ``improvements at Calion, Arkansas 
     (including authorization for the comprehensive flood-control 
     project for Ouachita River and tributaries, incorporating in 
     the project all flood control, drainage, and power 
     improvements in the basin above the lower end of the left 
     bank Ouachita River levee)''.
       (b) Modification.--Section 3 of the Act of August 18, 1941 
     (55 Stat. 642, chapter 377), is amended in the second 
     sentence of subsection (a) in the matter under the heading 
     ``LOWER MISSISSIPPI RIVER'' by inserting before the period at 
     the end the following: ``Provided, That the Ouachita River 
     Levees, Louisiana, authorized by the first section of the Act 
     of May 15, 1928 (45 Stat. 534, chapter 569), shall remain as 
     a component of the Mississippi River and Tributaries Project 
     and afforded operation and maintenance responsibilities as 
     directed in section 3 of that Act (45 Stat. 535)''.

     SEC. 3007. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

       (a) In General.--The project for flood control, St. Francis 
     River Basin, Arkansas, and Missouri, authorized the Act of 
     June 15, 1936 (49 Stat. 1508, chapter 548), as modified, is 
     further modified to authorize the Secretary to undertake 
     channel stabilization and sediment removal measures on the 
     St. Francis River and tributaries as an integral part of the 
     original project.
       (b) No Separable Element.--The measures undertaken under 
     subsection (a) shall not be considered to be a separable 
     element of the project.

     SEC. 3008. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND 
                   MISSOURI.

       (a) In General.--The Secretary shall convey to the State of 
     Arkansas, without monetary consideration and subject to 
     subsection (b), all right, title, and interest to land within 
     the State acquired by the Federal Government as mitigation 
     land for the project for

[[Page S7785]]

     flood control, St. Francis Basin, Arkansas and Missouri 
     Project, authorized by the Act of May 15, 1928 (33 U.S.C. 
     702a et seq.) (commonly known as the ``Flood Control Act of 
     1928'').
       (b) Terms and Conditions.--
       (1) In general.--The conveyance by the United States under 
     this section shall be subject to--
       (A) the condition that the State of Arkansas (including the 
     successors and assigns of the State) agree to operate, 
     maintain, and manage the land at no cost or expense to the 
     United States and for fish and wildlife, recreation, and 
     environmental purposes; and
       (B) such other terms and conditions as the Secretary 
     determines to be in the interest of the United States.
       (2) Reversion.--If the State (or a successor or assign of 
     the State) ceases to operate, maintain, and manage the land 
     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.

     SEC. 3009. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, 
                   ARKANSAS AND OKLAHOMA.

       (a) Navigation Channel.--The Secretary shall continue 
     construction of the McClellan-Kerr Arkansas River Navigation 
     System, Arkansas and Oklahoma, to operate and maintain the 
     navigation channel to the authorized depth of the channel, in 
     accordance with section 136 of the Energy and Water 
     Development Appropriations Act, 2004 (Public Law 108-137; 117 
     Stat. 1842).
       (b) Mitigation.--
       (1) In general.--As mitigation for any incidental taking 
     relating to the McClellan-Kerr Navigation System, the 
     Secretary shall determine the need for, and construct 
     modifications in, the structures and operations of the 
     Arkansas River in the area of Tulsa County, Oklahoma, 
     including the construction of low water dams and islands to 
     provide nesting and foraging habitat for the interior least 
     tern, in accordance with the study entitled ``Arkansas River 
     Corridor Master Plan Planning Assistance to States''.
       (2) Cost sharing.--The non-Federal share of the cost of a 
     project under this subsection shall be 35 percent.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $12,000,000.

     SEC. 3010. 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 pre-project capacity of the city (1,360 cubic 
     feet per second) to release water to the Yolo Bypass, 
     including--
       (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. 3011. CALFED LEVEE STABILITY PROGRAM, CALIFORNIA.

       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. 3012. 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 include the diked bayland parcel known as ``Bel 
     Marin Keys Unit V'' at an estimated total cost of 
     $221,700,000, with an estimated Federal cost of $166,200,000 
     and an estimated non-Federal cost of $55,500,000, as part of 
     the project to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated July 19, 2004.

     SEC. 3013. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE 
                   DESIGNATION, CALIFORNIA.

       Section 102(c)(4) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in 
     the third sentence by striking ``January 1, 2003'' and 
     inserting ``January 1, 2007''.

     SEC. 3014. LARKSPUR FERRY CHANNEL, CALIFORNIA.

       (a) Report.--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 prepare a 
     limited reevaluation report to determine whether maintenance 
     of the project is feasible.
       (b) Authorization of Project.--If the Secretary determines 
     that maintenance of the project is feasible, the Secretary 
     shall carry out the maintenance.

     SEC. 3015. LLAGAS CREEK, CALIFORNIA.

       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 authorize the Secretary to complete the project, 
     in accordance with the requirements of local cooperation as 
     specified in section 5 of the Watershed Protection and Flood 
     Prevention Act (16 U.S.C. 1005), at a total remaining cost of 
     $105,000,000, with an estimated remaining Federal cost of 
     $65,000,000 and an estimated remaining non-Federal cost of 
     $40,000,000.

     SEC. 3016. MAGPIE CREEK, CALIFORNIA.

       (a) In General.--Subject to subsection (b), the project for 
     Magpie Creek, California, authorized by 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 
     applicable to nonstructural flood control under 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) Crediting.--The crediting allowed under subsection (a) 
     shall not exceed the non-Federal share of the cost of the 
     project.

     SEC. 3017. 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 authorizes 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) Cost Sharing.--
       (1) Project planning, design, and construction.--The 
     Federal share of the cost of planning, design, and 
     construction of a project under subsection (b) shall be 65 
     percent.
       (2) Non-federal share.--
       (A) 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.
       (B) Form.--The non-Federal interest may provide not more 
     than 50 percent of the non-Federal share required under this 
     clause in the form of services, materials, supplies, or other 
     in-kind contributions.
       (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, to 
     remain available until expended.

     SEC. 3018. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.

       The Secretary may dredge the Redwood City Navigation 
     Channel, California, on an annual basis, to maintain the 
     authorized depth of -30 mean lower low water.

     SEC. 3019. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, 
                   CALIFORNIA.

       (a) Credit for Non-Federal Work.--
       (1) In general.--The Secretary shall credit toward that 
     portion of the non-Federal share

[[Page S7786]]

     of the cost of any flood damage reduction project authorized 
     before the date of enactment of this Act that is to be paid 
     by the Sacramento Area Flood Control Agency an amount equal 
     to the Federal share of the flood control project authorized 
     by section 9159 of the Department of Defense Appropriations 
     Act, 1993 (106 Stat. 1944).
       (2) Federal share.--In determining the Federal share of the 
     project authorized by section 9159(b) of that Act, the 
     Secretary shall include all audit verified costs for 
     planning, engineering, construction, acquisition of project 
     land, easements, rights-of-way, relocations, and 
     environmental mitigation for all project elements that the 
     Secretary determines to be cost-effective.
       (3) Amount credited.--The amount credited shall be equal to 
     the Federal share determined under this section, reduced by 
     the total of all reimbursements paid to the non-Federal 
     interests for work under section 9159(b) of that Act before 
     the date of enactment of this Act.
       (b) Folsom Dam.--Section 128(a) of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2259), is amended by adding at the end the following: 
     ``The Secretaries, in cooperation with non-Federal agencies, 
     are directed to expedite the Project Alternative Solution 
     Study and to provide 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 by not later than June 30, 2006.''.

     SEC. 3020. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT 
                   OF SAN FRANCISCO, CALIFORNIA.

       (a) Conditional Declaration of Nonnavigability.--If the 
     Secretary determines, in consultation with appropriate 
     Federal and non-Federal entities, that projects proposed to 
     be carried out by non-Federal entities within the portions of 
     the San Francisco, California, waterfront described in 
     subsection (b) are not in the public interest, the portions 
     shall be declared not to be navigable water of the United 
     States for the purposes of section 9 of the Act of March 3, 
     1899 (33 U.S.C. 401), and the General Bridge Act of 1946 (33 
     U.S.C. 525 et seq.).
       (b) Portions of Waterfront.--The portions of the San 
     Francisco, California, waterfront referred to in subsection 
     (a) are those that are, or will be, bulkheaded, filled, or 
     otherwise occupied by permanent structures and that are 
     located as follows: beginning at the intersection of the 
     northeasterly prolongation of the 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 easterly 
     line of Townsend Street along a line that is parallel and 
     distant 10 feet from the existing southern boundary of Pier 
     40 to its point of intersection with the United States 
     Government pier-head line; thence northerly along said pier-
     head 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 pier-head line; to the 
     northwesterly line of Bryan Street northwesterly; thence 
     southwesterly along said northwesterly line of Bryant Street 
     to the point of beginning.
       (c) Requirement That Area Be Improved.--If, by the date 
     that is 20 years after the date of enactment of this Act, any 
     portion of the San Francisco, California, waterfront 
     described in subsection (b) has not been bulkheaded, filled, 
     or otherwise occupied by 1 or more permanent structures, or 
     if work in connection with any activity carried out pursuant 
     to applicable Federal law requiring a permit, including 
     sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 
     401), is not commenced by the date that is 5 years after the 
     date of issuance of such a permit, the declaration of 
     nonnavigability for the portion under this section shall 
     cease to be effective.

     SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) Salton sea authority.--The term ``Salton Sea 
     Authority'' means the Joint Powers Authority established 
     under the laws of the State of California 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 currently located in La Quinta, 
     California.
       (b) Pilot Projects.--
       (1) In general.--The Secretary shall review the preferred 
     restoration concept plan approved by the Salton Sea Authority 
     to determine that the pilot projects are economically 
     justified, technically sound, environmentally acceptable, and 
     meet the objectives of the Salton Sea Reclamation Act (Public 
     Law 105-372). If the Secretary makes a positive 
     determination, the Secretary may enter into an agreement with 
     the Salton Sea Authority and, in consultation with the Salton 
     Sea Science Office, carry out the pilot project for 
     improvement of the environment in the Salton Sea, except that 
     the Secretary shall be a party to each contract for 
     construction under this subsection.
       (2) Local participation.--In prioritizing pilot projects 
     under this section, the Secretary shall--
       (A) consult with the Salton Sea Authority and the Salton 
     Sea Science Office; and
       (B) consider the priorities of 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 Salton Sea Authority that requires the 
     non-Federal interest to--
       (A) pay 35 percent of the total costs of the pilot project;
       (B) acquire any land, easements, rights-of-way, 
     relocations, and dredged material disposal areas necessary to 
     carry out the pilot project; and
       (C) hold the United States harmless from any claim or 
     damage that may arise from carrying out the pilot project, 
     except any claim or damage that may arise from the negligence 
     of the Federal Government or a contractor of the Federal 
     Government.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (b) $26,000,000, 
     of which not more than $5,000,000 may be used for any 1 pilot 
     project under this section.

     SEC. 3022. 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. 3023. 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 $244,500,000, with an estimated Federal cost of 
     $130,600,000 and an estimated non-Federal cost of 
     $113,900,000.

     SEC. 3024. 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 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.

     SEC. 3025. 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. 426), shall be known 
     and designated as the ``Charles Hervey Townshend 
     Breakwater''.

     SEC. 3026. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.

       (a) In General.--The portion of the project for navigation, 
     New London Harbor, Connecticut, authorized by the Act of June 
     13, 1902 (32 Stat. 333), that consists of a 23-foot 
     waterfront channel described in subsection (b), is 
     redesignated as an anchorage area.
       (b) Description of Channel.--The channel referred to in 
     subsection (a) may be described as beginning at a point along 
     the western limit of the existing project, N. 188, 802.75, E. 
     779, 462.81, thence running northeasterly about 1,373.88 feet 
     to a point N. 189, 554.87, E. 780, 612.53, thence running 
     southeasterly about 439.54 feet to a point N. 189, 319.88, E. 
     780, 983.98, thence running southwesterly about 831.58 feet 
     to a point N. 188, 864.63, E. 780, 288.08, thence running 
     southeasterly about 567.39 feet to a point N. 188, 301.88, E. 
     780, 360.49, thence running northwesterly about 1,027.96 feet 
     to the point of origin.

     SEC. 3027. 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 subsection (b), are not 
     authorized.
       (b) Description of Portions.--The portions of the channel 
     referred to in subsection (a) are as follows:
       (1) 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 N. 
     104,165.85, E. 417,662.71, thence running south 2406'55" E. 
     395.00 feet to a point N. 103,805.32, E. 417,824.10, thence 
     running south 0038'06" E. 87.84 feet to a point N. 
     103,717.49, E. 417,825.07, thence running north 2406'55" W. 
     480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence 
     running north 7305'25" E. 35.28 feet to the point of origin.
       (2) 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 
     paragraph (1), approximately 20 feet wide and 260 feet long, 
     and further described as commencing at a point N.

[[Page S7787]]

     103,855.48, E. 417,849.99, thence running south 3307'30" E. 
     133.40 feet to a point N. 103,743.76, E. 417,922.89, thence 
     running south 2407'04" E. 127.75 feet to a point N. 
     103,627.16, E. 417,975.09, thence running north 3307'30" W. 
     190.00 feet to a point N. 103,786.28, E. 417,871.26, thence 
     running north 1705'15" W. 72.39 feet to the point of origin.
       (c) Modification.--The 10-foot channel portion of the 
     Norwalk Harbor, Connecticut navigation project described in 
     subsection (a) is modified to authorize the Secretary to 
     realign the channel to include, immediately north of the area 
     described in subsection (b)(2), a triangular section 
     described as commencing at a point N. 103,968.35, E. 
     417,815.29, thence running S. 1705'15" east 118.09 feet to a 
     point N. 103,855.48, E. 417,849.99, thence running N. 
     3307'30" west 36.76 feet to a point N. 103,886.27, E. 
     417,829.90, thence running N. 1005'26" west 83.37 feet to 
     the point of origin.

     SEC. 3028. 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. 3029. CHRISTINA RIVER, WILMINGTON, DELAWARE.

       (a) In General.--The Secretary shall remove the shipwrecked 
     vessel known as the ``State of Pennsylvania'', and any debris 
     associated with that vessel, from the Christina River at 
     Wilmington, Delaware, in accordance with section 202(b) of 
     the Water Resources Development Act of 1976 (33 U.S.C. 
     426m(b)).
       (b) No Recovery of Funds.--Notwithstanding any other 
     provision of law, in carrying out this section, the Secretary 
     shall not be required to recover funds from the owner of the 
     vessel described in subsection (a) or any other vessel.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $425,000, to 
     remain available until expended.

     SEC. 3030. DESIGNATION OF SENATOR WILLIAM V. ROTH, JR. 
                   BRIDGE, DELAWARE.

       (a) Designation.--The State Route 1 Bridge over the 
     Chesapeake and Delaware Canal in the State of Delaware is 
     designated as the ``Senator William V. Roth, Jr. Bridge''.
       (b) References.--Any reference in a law (including 
     regulations), map, document, paper, or other record of the 
     United States to the bridge described in subsection (a) shall 
     be considered to be a reference to the Senator William V. 
     Roth, Jr. Bridge.

     SEC. 3031. ADDITIONAL PROGRAM AUTHORITY, COMPREHENSIVE 
                   EVERGLADES RESTORATION, FLORIDA.

       Section 601(c)(3) of the Water Resources Development Act of 
     2000 (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. 3032. BREVARD COUNTY, FLORIDA.

       (a) In General.--The project for shoreline protection, 
     Brevard County, Florida, authorized by section 418 of the 
     Water Resources Development Act of 2000 (114 Stat. 2637), is 
     amended by striking ``7.1-mile reach'' and inserting ``7.6-
     mile reach''.
       (b) References.--Any reference to a 7.1-mile reach with 
     respect to the project described in subsection (a) shall be 
     considered to be a reference to a 7.6-mile reach with respect 
     to that project.

     SEC. 3033. CRITICAL RESTORATION PROJECTS, EVERGLADES AND 
                   SOUTH FLORIDA ECOSYSTEM RESTORATION, FLORIDA.

       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. 3034. LAKE OKEECHOBEE AND HILLSBORO AQUIFER PILOT 
                   PROJECTS, COMPREHENSIVE EVERGLADES RESTORATION, 
                   FLORIDA.

       Section 601(b)(2)(B) of the Water Resources Development Act 
     of 2000 (114 Stat. 2681) is amended by adding at the end the 
     following:
       ``(v) Hillsboro and okeechobee aquifer, florida.--The pilot 
     projects 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 the purposes of this section as 
     being in the Plan and carried out in accordance with this 
     section, except that costs of operation and maintenance of 
     those projects shall remain 100 percent non-Federal.''.

     SEC. 3035. LIDO KEY, SARASOTA COUNTY, FLORIDA.

       The Secretary shall carry out the project for hurricane and 
     storm damage reduction in Lido Key, Sarasota County, Florida, 
     based on the report of the Chief of Engineers dated December 
     22, 2004, at a total cost of $14,809,000, with an estimated 
     Federal cost of $9,088,000 and an estimated non-Federal cost 
     of $5,721,000, and at an estimated total cost $63,606,000 for 
     periodic beach nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $31,803,000 and an 
     estimated non-Federal cost of $31,803,000.

     SEC. 3036. PORT SUTTON CHANNEL, TAMPA HARBOR, FLORIDA.

       The project for navigation, Port Sutton Channel, Tampa 
     Harbor, 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. 3037. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

       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 Bay Cut B, if the Secretary 
     determines that the improvements are necessary for navigation 
     safety.

     SEC. 3038. 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 environmental and 
     real estate 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. 3039. 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, with a total estimated project 
     cost of $5,300,000, with an estimated Federal cost of 
     $3,900,000 and an estimated non-Federal cost of $1,400,000.

     SEC. 3040. LITTLE WOOD RIVER, GOODING, IDAHO.

       The project for flood control, Gooding, Idaho, as 
     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 the 
     rehabilitation and ecosystem restoration is feasible;
       (2) to authorize and direct the Secretary to plan, design, 
     and construct the project at a total cost of $9,000,000;
       (3) 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 services, materials, supplies, or other in-
     kind contributions;
       (4) to authorize the non-Federal interest to use funds made 
     available under any other Federal program toward the non-
     Federal share of the cost of the project if the use of the 
     funds is permitted under the other Federal program; and

[[Page S7788]]

       (5) to direct the Secretary, in calculating the non-Federal 
     share of the cost of the project, to make a determination 
     under section 103(m) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2213(m)) on the ability to pay of the non-
     Federal interest.

     SEC. 3041. PORT OF LEWISTON, IDAHO.

       (a) Extinguishment of Reversionary Interests and Use 
     Restrictions.--With respect to property covered by each deed 
     described in subsection (b)--
       (1) the reversionary interests and use restrictions 
     relating to port and industrial use purposes are 
     extinguished;
       (2) the restriction that no activity shall be permitted 
     that will compete with services and facilities offered by 
     public marinas is extinguished;
       (3) 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; and
       (4) the use of fill material to raise low areas above the 
     standard project flood elevation is authorized, except in any 
     low area constituting wetland for which a permit under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is required.
       (b) Deeds.--The deeds referred to in subsection (a) are as 
     follows:
       (1) Auditor's Instrument No. 399218 of Nez Perce County, 
     Idaho, 2.07 acres.
       (2) Auditor's Instrument No. 487437 of Nez Perce County, 
     Idaho, 7.32 acres.
       (c) No Effect on Other Rights.--Nothing in this section 
     affects the remaining rights and interests of the Corps of 
     Engineers for authorized project purposes with respect to 
     property covered by deeds described in subsection (b).

     SEC. 3042. CACHE RIVER LEVEE, ILLINOIS.

       The Cache River Levee created for flood control at the 
     Cache River, Illinois, and authorized by the Act of June 28, 
     1938 (52 Stat. 1215, chapter 795), is modified to add 
     environmental restoration as a project purpose.

     SEC. 3043. 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. 3044. 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, chapter 425), extending 
     from 100 feet downstream of the Halsted Street Bridge to 100 
     feet upstream of the Division Street Bridge, Chicago, 
     Illinois, is redefined to be no wider than 66 feet.

     SEC. 3045. ILLINOIS RIVER BASIN RESTORATION.

       Section 519(c)(3) of the Water Resources Development Act of 
     2000 (114 Stat. 2654) is amended by striking ``$5,000,000'' 
     and inserting ``$20,000,000''.

     SEC. 3046. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS 
                   RECONSTRUCTION PILOT PROGRAM.

       (a) Definition of Reconstruction.--In this section:
       (1) In general.--The term ``reconstruction'' means any 
     action taken to address 1 or more major deficiencies of a 
     project 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 the authorized 
     purposes of the project.
       (2) Inclusions.--The term ``reconstruction'' includes the 
     incorporation by the Secretary of current design standards 
     and efficiency improvements in a project if the incorporation 
     does not significantly change the authorized scope, function, 
     or purpose of the project.
       (b) Participation by Secretary.--The Secretary may 
     participate in the reconstruction of flood control projects 
     within Missouri and Illinois as a pilot program if the 
     Secretary determines that such reconstruction is not required 
     as a result of improper operation and maintenance by the non-
     Federal interest.
       (c) 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.
       (d) Critical Projects.--In carrying out this section, the 
     Secretary shall give priority to the following projects:
       (1) Clear Creek Drainage and Levee District, Illinois.
       (2) Fort Chartres and Ivy Landing Drainage District, 
     Illinois.
       (3) Wood River Drainage and Levee District, Illinois.
       (4) City of St. Louis, Missouri.
       (5) Missouri River Levee Drainage District, Missouri.
       (e) Economic Justification.--Reconstruction efforts and 
     activities carried out under this section shall not require 
     economic justification.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000, to 
     remain available until expended.

     SEC. 3047. SPUNKY BOTTOM, ILLINOIS.

       (a) In General.--The project for flood control, Illinois 
     and Des Plaines River Basin, between Beardstown, Illinois, 
     and the mouth of the Illinois River, authorized by section 5 
     of the Act of June 22, 1936 (49 Stat. 1583, chapter 688), is 
     modified to authorize ecosystem restoration as a project 
     purpose.
       (b) Modifications.--
       (1) In general.--Subject to paragraph (2), notwithstanding 
     the limitation on the expenditure of Federal funds to carry 
     out project modifications in accordance with section 1135 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2309a), modifications to the project referred to in 
     subsection (a) shall be carried out at Spunky Bottoms, 
     Illinois, in accordance with subsection (a).
       (2) Federal share.--Not more than $7,500,000 in Federal 
     funds may be expended under this section to carry out 
     modifications to the project referred to in subsection (a).
       (3) Post-construction monitoring and management.--Of the 
     Federal funds expended under paragraph (2), 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.
       (c) Emergency Repair Assistance.--Notwithstanding any 
     modifications carried out under subsection (b), the project 
     described in subsection (a) shall remain eligible for 
     emergency repair assistance under section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), without consideration of 
     economic justification.

     SEC. 3048. STRAWN CEMETERY, JOHN REDMOND LAKE, KANSAS.

       (a) 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 subsection (c).
       (b) Reversion.--If the land transferred under this section 
     ceases at any time to be used as a nonprofit cemetery or for 
     another public purpose, the land shall revert to the United 
     States.
       (c) Description.--The land to be conveyed under this 
     section 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 sec. 32, T. 20 S., R. 14 E., Coffey County, 
     Kansas.
       (d) Consideration.--
       (1) In general.--The conveyance under this section shall be 
     at fair market value.
       (2) Costs.--All costs associated with the conveyance shall 
     be paid by Pleasant Township, Coffey County, Kansas.
       (e) Other Terms and Conditions.--The conveyance under this 
     section shall be subject to such other terms and conditions 
     as the Secretary considers necessary to protect the interests 
     of the United States.

     SEC. 3049. MILFORD LAKE, MILFORD, KANSAS.

       (a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall convey at fair market value by quitclaim deed 
     to the Geary County Fire Department, Milford, Kansas, all 
     right, title, and interest of the United States in and to a 
     parcel of land consisting of approximately 7.4 acres located 
     in Geary County, Kansas, for construction, operation, and 
     maintenance of a fire station.
       (b) Survey to Obtain Legal Description.--The exact acreage 
     and the description of the real property referred to in 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary.
       (c) Reversion.--If the Secretary determines that the 
     property conveyed under subsection (a) ceases to be held in 
     public ownership or to be used for any purpose other than 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.

     SEC. 3050. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, OHIO, 
                   PENNSYLVANIA, AND WEST VIRGINIA.

       Section 101(16) of the Water Resources Development Act of 
     2000 (114 Stat. 2578) is amended--
       (1) by striking ``(A) IN GENERAL.--Projects for ecosystem 
     restoration, Ohio River Mainstem'' and inserting the 
     following:
       ``(A) Authorization.--
       ``(i) In general.--Projects for ecosystem restoration, Ohio 
     River Basin (excluding the Tennessee and Cumberland River 
     Basins)''; and
       (2) in subparagraph (A), by adding at the end the 
     following:
       ``(ii) Nonprofit entity.--For any ecosystem restoration 
     project carried out under this paragraph, with the consent of 
     the affected local government, a nonprofit entity may be 
     considered to be a non-Federal interest.
       ``(iii) Program implementation plan.--There is authorized 
     to be developed a program implementation plan of the Ohio 
     River Basin (excluding the Tennessee and Cumberland River 
     Basins) at full Federal expense.
       ``(iv) Pilot program.--There is authorized to be initiated 
     a completed pilot program in Lower Scioto Basin, Ohio.''.

     SEC. 3051. 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. 3052. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, 
                   LOUISIANA.

       (a) In General.--The public access feature of the 
     Atchafalaya Basin Floodway System,

[[Page S7789]]

     Louisiana project, authorized by section 601(a) of the Water 
     Resources Development Act of 1986 (100 Stat. 4142), is 
     modified to authorize the Secretary to acquire from willing 
     sellers the fee interest (exclusive of oil, gas, and 
     minerals) of an additional 20,000 acres of land in the Lower 
     Atchafalaya Basin Floodway for the public access feature of 
     the Atchafalaya Basin Floodway System, Louisiana project.
       (b) Modification.--
       (1) In general.--Subject to paragraph (2), effective 
     beginning November 17, 1986, the public access feature of the 
     Atchafalaya Basin Floodway System, Louisiana project, is 
     modified to remove the $32,000,000 limitation on the maximum 
     Federal expenditure for the first costs of the public access 
     feature.
       (2) First cost.--The authorized first cost of $250,000,000 
     for the total project (as defined in section 601(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4142)) 
     shall not be exceeded, except as authorized by section 902 of 
     that Act (100 Stat. 4183).
       (c) Technical Amendment.--Section 315(a)(2) of the Water 
     Resources Development Act of 2000 (114 Stat. 2603) is amended 
     by inserting before the period at the end the following: 
     ``and may include Eagle Point Park, Jeanerette, Louisiana, as 
     1 of the alternative sites''.

     SEC. 3053. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN 
                   FLOODWAY SYSTEM, LOUISIANA.

       (a) Project for Flood Control.--Notwithstanding paragraph 
     (3) of the report of the Chief of Engineers dated February 
     28, 1983 (relating to recreational development in the Lower 
     Atchafalaya Basin Floodway), the Secretary shall carry out 
     the project for flood control, Atchafalaya Basin Floodway 
     System, Louisiana, authorized by chapter IV of title I of the 
     Act of August 15, 1985 (Public Law 99-88; 99 Stat. 313; 100 
     Stat. 4142).
       (b) Visitors Center.--
       (1) In general.--The Secretary, acting through the Chief of 
     Engineers and in consultation with the State of Louisiana, 
     shall study, design, and construct a type A regional visitors 
     center in the vicinity of Morgan City, Louisiana.
       (2) Cost sharing.--
       (A) In general.--The cost of construction of the visitors 
     center shall be shared in accordance with the recreation 
     cost-share requirement under section 103(c) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213(c)).
       (B) Cost of upgrading.--The non-Federal share of the cost 
     of upgrading the visitors center from a type B to type A 
     regional visitors center shall be 100 percent.
       (3) Agreement.--The project under this subsection shall be 
     initiated only after the Secretary and the non-Federal 
     interests enter into a binding agreement under which the non-
     Federal interests shall--
       (A) provide any land, easement, right-of-way, or dredged 
     material disposal area required for the project that is 
     owned, claimed, or controlled by--
       (i) the State of Louisiana (including agencies and 
     political subdivisions of the State); or
       (ii) any other non-Federal government entity authorized 
     under the laws of the State of Louisiana;
       (B) pay 100 percent of the cost of the operation, 
     maintenance, repair, replacement, and rehabilitation of the 
     project; and
       (C) hold the United States free from liability for the 
     construction, operation, maintenance, repair, replacement, 
     and rehabilitation of the project, except for damages due to 
     the fault or negligence of the United States or a contractor 
     of the United States.
       (4) Donations.--In carrying out the project under this 
     subsection, the Mississippi River Commission may accept the 
     donation of cash or other funds, land, materials, and 
     services from any non-Federal government entity or nonprofit 
     corporation, as the Commission determines to be appropriate.

     SEC. 3054. CALCASIEU RIVER AND PASS, LOUISIANA.

       The project for the Calcasieu River and Pass, Louisiana, 
     authorized by section 101 of the River and Harbor Act of 1960 
     (74 Stat. 481), is modified to authorize the Secretary to 
     provide $3,000,000 for each fiscal year, in a total amount of 
     $15,000,000, for such rock bank protection of the Calcasieu 
     River from mile 5 to mile 16 as the Chief of Engineers 
     determines to be advisable to reduce maintenance dredging 
     needs and facilitate protection of valuable disposal areas 
     for the Calcasieu River and Pass, Louisiana.

     SEC. 3055. EAST BATON ROUGE PARISH, LOUISIANA.

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

     SEC. 3056. MISSISSIPPI RIVER GULF OUTLET RELOCATION 
                   ASSISTANCE, LOUISIANA.

       (a) Port Facilities Relocation.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $175,000,000, to remain available until 
     expended, to support the relocation of Port of New Orleans 
     deep draft facilities from the Mississippi River Gulf Outlet 
     (referred to in this section as the ``Outlet''), the Gulf 
     Intercoastal Waterway, and the Inner Harbor Navigation Canal 
     to the Mississippi River.
       (2) Administration.--
       (A) In general.--Amounts appropriated pursuant to paragraph 
     (1) shall be administered by the Assistant Secretary for 
     Economic Development (referred to in this section as the 
     ``Assistant Secretary'') pursuant to sections 209(c)(2) and 
     703 of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. 3149(c)(2), 3233).
       (B) Requirement.--The Assistant Secretary shall make 
     amounts appropriated pursuant to paragraph (1) available to 
     the Port of New Orleans to relocate to the Mississippi River 
     within the State of Louisiana the port-owned facilities that 
     are occupied by businesses in the vicinity that may be 
     impacted due to the treatment of the Outlet under the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (b) Revolving Loan Fund Grants.--There is authorized to be 
     appropriated to the Assistant Secretary $185,000,000, to 
     remain available until expended, to provide assistance 
     pursuant to sections 209(c)(2) and 703 of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3149(c(2), 
     3233) to 1 or more eligible recipients to establish revolving 
     loan funds to make loans for terms up to 20 years at or below 
     market interest rates (including interest-free loans) to 
     private businesses within the Port of New Orleans that may 
     need to relocate to the Mississippi River within the State of 
     Louisiana due to the treatment of the Outlet under the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (c) Coordination With Secretary.--The Assistant Secretary 
     shall ensure that the programs described in subsections (a) 
     and (b) are fully coordinated with the Secretary to ensure 
     that facilities are relocated in a manner that is consistent 
     with the analysis and design of comprehensive hurricane 
     protection authorized by title I of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247).
       (d) Administrative Expenses.--The Assistant Secretary may 
     use up to 2 percent of the amounts made available under 
     subsections (a) and (b) for administrative expenses.

     SEC. 3057. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 
                   LOUISIANA.

       The project for mitigation of fish and wildlife losses, Red 
     River Waterway, Louisiana, authorized by section 601(a) of 
     the Water Resources Development Act of 1986 (100 Stat. 4142) 
     and modified by section 4(h) of the Water Resources 
     Development Act of 1988 (102 Stat. 4016), section 102(p) of 
     the Water Resources Development Act of 1990 (104 Stat. 4613), 
     section 301(b)(7) of the Water Resources Development Act of 
     1996 (110 Stat. 3710), and section 316 of the Water Resources 
     Development Act of 2000 (114 Stat. 2604), is further 
     modified--
       (1) to authorize the Secretary to carry out the project at 
     a total cost of $33,200,000;
       (2) to permit the purchase of marginal farmland for 
     reforestation (in addition to the purchase of bottomland 
     hardwood); and
       (3) to incorporate wildlife and forestry management 
     practices to improve species diversity on mitigation land 
     that meets habitat goals and objectives of the Corps of 
     Engineers and the State of Louisiana.

     SEC. 3058. 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 $20,000,000.

     SEC. 3059. 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, chapter 314), 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 N. 315,975.13, E. 1,004,424.86, thence running N. 
     61 27' 20.71" W. about 132.34 feet to a point N. 316,038.37, 
     E. 1,004,308.61.

     SEC. 3060. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM, MARYLAND, PENNSYLVANIA, AND 
                   VIRGINIA.

       Section 510(i) of the Water Resources Development Act of 
     1996 (110 Stat. 3761) is amended by striking ``$10,000,000'' 
     and inserting ``$30,000,000''.

     SEC. 3061. 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. 3062. AUNT LYDIA'S COVE, MASSACHUSETTS.

       (a) Deauthorization.--The portion of the project for 
     navigation, Aunt Lydia's Cove, Massachusetts, authorized 
     August 31, 1994, pursuant to section 107 of the Act of July 
     14, 1960 (33 U.S.C. 577) (commonly known as the ``River and 
     Harbor Act of 1960''), consisting of the 8-foot deep 
     anchorage in the cove described in subsection (b) is 
     deauthorized.
       (b) Description.--The portion of the project described in 
     subsection (a) is more

[[Page S7790]]

     particularly described as the portion beginning at a point 
     along the southern limit of the existing project, N. 
     254332.00, E. 1023103.96, thence running northwesterly about 
     761.60 feet to a point along the western limit of the 
     existing project N. 255076.84, E. 1022945.07, thence running 
     southwesterly about 38.11 feet to a point N. 255038.99, E. 
     1022940.60, thence running southeasterly about 267.07 feet to 
     a point N. 254772.00, E. 1022947.00, thence running 
     southeasterly about 462.41 feet to a point N. 254320.06, E. 
     1023044.84, thence running northeasterly about 60.31 feet to 
     the point of origin.

     SEC. 3063. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.

       (a) In General.--Notwithstanding section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)), the project for navigation, Fall River Harbor, 
     Massachusetts and Rhode Island, authorized by section 101 of 
     the River and Harbor Act of 1968 (82 Stat. 731), shall remain 
     authorized to be carried out by the Secretary, 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.
       (b) Feasibility.--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.
       (c) Limitation.--The 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 that period, funds have been 
     obligated for construction (including planning and design) of 
     the project.

     SEC. 3064. 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:
       ``(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 this section.
       ``(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) 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 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) Cost Sharing.--
       ``(1) Non-federal share.--The non-Federal share of the cost 
     of technical assistance, or the cost of planning, design, 
     construction, and evaluation of a project under subsection 
     (c), and the cost of development of supplementary information 
     under subsection (d)--
       ``(A) shall be 25 percent of the total cost of the project 
     or development; and
       ``(B) may be provided through the provision of in-kind 
     services.
       ``(2) Credit for land, easements, and rights-of-way.--The 
     Secretary shall credit the non-Federal sponsor for the value 
     of any land, easements, rights-of-way, dredged material 
     disposal areas, or relocations provided for use in carrying 
     out a project under subsection (c).
       ``(3) Nonprofit entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal sponsor for any project carried out under this 
     section may include a nonprofit entity.
       ``(4) Operation and maintenance.--The operation, 
     maintenance, repair, rehabilitation, and replacement of 
     projects carried out under this section shall be non-Federal 
     responsibilities.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each fiscal year.''.

     SEC. 3065. DULUTH HARBOR, MINNESOTA.

       (a) In General.--Notwithstanding the cost limitation 
     described in section 107(b) of the River and Harbor Act of 
     1960 (33 U.S.C. 577(b)), the Secretary shall carry out the 
     project for navigation, Duluth Harbor, Minnesota, pursuant to 
     the authority provided under that section at a total Federal 
     cost of $9,000,000.
       (b) Public Access and Recreational Facilities.--Section 321 
     of the Water Resources Development Act of 2000 (114 Stat. 
     2605) is amended by inserting ``, and to provide public 
     access and recreational facilities'' after ``including any 
     required bridge construction''.

     SEC. 3066. 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, 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. 3067. BONNET CARRE FRESHWATER DIVERSION PROJECT, 
                   MISSISSIPPI AND LOUISIANA.

       (a) In General.--The project for environmental enhancement, 
     Mississippi and Louisiana Estuarine Areas, Mississippi and 
     Louisiana, authorized by section 3(a)(8) of the Water 
     Resources Development Act of 1988 (102 Stat. 4013) is 
     modified to direct the Secretary to carry out that portion of 
     the project identified as the ``Bonnet Carre Freshwater 
     Diversion Project'', in accordance with this section.
       (b) Non-Federal Financing Requirements.--
       (1) Mississippi and louisiana.--
       (A) In general.--The States of Mississippi and Louisiana 
     shall provide the funds needed during any fiscal year for 
     meeting the respective non-Federal cost sharing requirements 
     of each State for the Bonnet Carre Freshwater Diversion 
     Project during that fiscal year by making deposits of the 
     necessary funds into an escrow account or into such other 
     account as the Secretary determines to be acceptable.
       (B) Deadline.--Any deposits required under this paragraph 
     shall be made by the affected State by not later than 30 days 
     after receipt of notification from the Secretary that the 
     amounts are due.
       (2) Failure to pay.--
       (A) Louisiana.--In the case of deposits required to be made 
     by the State of Louisiana, the Secretary may not award any 
     new contract or proceed to the next phase of any feature 
     being carried out in the State of Louisiana under section 
     1003 if the State of Louisiana is not in compliance with 
     paragraph (1).
       (B) Mississippi.--In the case of deposits required to be 
     made by the State of Mississippi, the Secretary may not award 
     any new contract or proceed to the next phase of any feature 
     being carried out as a part of the Bonnet Carre Freshwater 
     Diversion Project if the State of Mississippi is not in 
     compliance with paragraph (1).
       (3) Allocation.--The non-Federal share of project costs 
     shall be allocated between the States of Mississippi and 
     Louisiana as described in the report to Congress on the 
     status and potential options and enhancement of the Bonnet 
     Carre Freshwater Diversion Project dated December 1996.
       (4) Effect.--The modification of the Bonnet Carre 
     Freshwater Diversion Project by this section shall not reduce 
     the percentage of the cost of the project that is required to 
     be paid by the Federal Government as determined on the date 
     of enactment of section 3(a)(8) of the Water Resources 
     Development Act of 1988 (102 Stat. 4013).
       (c) Design Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete the design of 
     the Bonnet Carre Freshwater Diversion Project by not later 
     than 1 year after the date of enactment of this Act.
       (2) Missed deadline.--If the Secretary does not complete 
     the design of the project by the date described in paragraph 
     (1)--
       (A) the Secretary shall assign such resources as the 
     Secretary determines to be available and necessary to 
     complete the design; and
       (B) the authority of the Secretary to expend funds for 
     travel, official receptions, and

[[Page S7791]]

     official representations shall be suspended until the design 
     is complete.
       (d) Construction Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete construction of 
     the Bonnet Carre Freshwater Diversion Project by not later 
     than September 30, 2012.
       (2) Missed deadline.--If the Secretary does not complete 
     the construction of the Bonnet Carre Freshwater Diversion 
     Project by the date described in paragraph (1)--
       (A) the Secretary shall assign such resources as the 
     Secretary determines to be available and necessary to 
     complete the construction; and
       (B) the authority of the Secretary to expend funds for 
     travel, official receptions, and official representations 
     shall be suspended until the construction is complete.

     SEC. 3068. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

       (a) Definitions.--In this section:
       (1) 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.
       (2) 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).
       (b) Land Exchange.--Subject to subsection (c), 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.
       (c) Conditions.--
       (1) Deeds.--
       (A) Non-federal land.--The conveyance of the non-Federal 
     land to the Secretary shall be by a warranty deed acceptable 
     to the Secretary.
       (B) 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.
       (C) Legal descriptions.--The Secretary shall, subject to 
     approval of S.S.S., Inc., provide a legal description of the 
     Federal land and non-Federal land for inclusion in the deeds 
     referred to in subparagraphs (A) and (B).
       (2) Removal of improvements.--
       (A) 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.
       (B) No liability.--If S.S.S., Inc., removes any 
     improvements to the non-Federal land under subparagraph (A)--
       (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.
       (3) Administrative costs.--The Secretary shall require 
     S.S.S., Inc. to pay reasonable administrative costs 
     associated with the exchange.
       (4) 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.
       (5) Deadline.--The land exchange under subsection (b) shall 
     be completed not later than 2 years after the date of 
     enactment of this Act.

     SEC. 3069. 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. 3070. UNION LAKE, MISSOURI.

       (a) In General.--The Secretary shall offer to convey to the 
     State of Missouri, before January 31, 2006, all right, title, 
     and interest in and to approximately 205.50 acres of land 
     described in subsection (b) purchased for the Union Lake 
     Project that was deauthorized as of January 1, 1990 (55 Fed. 
     Reg. 40906), in accordance with section 1001 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 579a(a)).
       (b) Land Description.--The land referred to in subsection 
     (a) is described as follows:
       (1) Tract 500.--A tract of land situated in Franklin 
     County, Missouri, being part of the SW\1/4\ of sec. 7, and 
     the NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of 
     the fifth principal meridian, consisting of approximately 
     112.50 acres.
       (2) 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 sec. 18, T. 42 N., R. 2 W. of the 
     fifth principal meridian, consisting of approximately 93.00 
     acres.
       (c) Conveyance.--On acceptance by the State of Missouri of 
     the offer by the Secretary under subsection (a), the land 
     described in subsection (b) shall immediately be conveyed, in 
     its current condition, by Secretary to the State of Missouri.

     SEC. 3071. FORT PECK FISH HATCHERY, MONTANA.

       Section 325(f)(1)(A) of the Water Resources Development Act 
     of 2000 (114 Stat. 2607) is amended by striking 
     ``$20,000,000'' and inserting ``$25,000,000''.

     SEC. 3072. 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. 3073. 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 full participation of the State of Montana.
       (d) Cost Sharing.--Before carrying out any restoration 
     project under this section, the Secretary shall enter into an 
     agreement with the non-Federal interest for the restoration 
     project under which the non-Federal interest shall agree--
       (1) to provide 35 percent of the total cost of the 
     restoration project, including necessary land, easements, 
     rights-of-way, relocations, and disposal sites;
       (2) to pay the non-Federal share of the cost of feasibility 
     studies and design during construction following execution of 
     a project cooperation agreement;
       (3) to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs incurred after 
     the date of enactment of this Act that are associated with 
     the restoration project; and
       (4) to hold the United States harmless for any claim of 
     damage that arises from the negligence of the Federal 
     Government or a contractor of the Federal Government in 
     carrying out the restoration project.
       (e) Form of Non-Federal Share.--Not more than 50 percent of 
     the non-Federal share of the cost of a restoration project 
     carried out under this section may be provided in the form of 
     in-kind credit for work performed during construction of the 
     restoration project.
       (f) Non-Federal Interests.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the applicable local government, a nonprofit 
     entity may be a non-Federal interest for a restoration 
     project carried out under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

     SEC. 3074. 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. 3075. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.

       (a) Restoration Projects.--
       (1) Definition.--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.
       (2) Projects.--The Secretary 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.
       (b) Project Selection.--The Secretary shall select 
     restoration projects in the Middle Rio Grande.
       (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) Cost Sharing.--Before carrying out any restoration 
     project under this section, the Secretary shall enter into an 
     agreement with non-Federal interests that requires the non-
     Federal interests to--
       (1) provide 35 percent of the total cost of the restoration 
     projects including provisions

[[Page S7792]]

     for necessary lands, easements, rights-of-way, relocations, 
     and disposal sites;
       (2) pay 100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs incurred after the date 
     of the enactment of this Act that are associated with the 
     restoration projects; and
       (3) hold the United States harmless for any claim of damage 
     that arises from the negligence of the Federal Government or 
     a contractor of the Federal Government.
       (e) Non-Federal Interests.--Not withstanding 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 local government.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section.

     SEC. 3076. 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. 3077. ORCHARD BEACH, BRONX, NEW YORK.

       Section 554 of the Water Resources Development Act of 1996 
     (110 Stat. 3781) is amended by striking ``$5,200,000'' and 
     inserting ``$18,200,000''.

     SEC. 3078. NEW YORK HARBOR, NEW YORK, NEW YORK.

       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 cost-
     sharing agreements with 1 or more non-Federal public 
     interests with respect to a project, or group of 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 the 
     agreement may perform the acquisition, design, construction, 
     management, or operation of a dredged material processing, 
     treatment, contaminant reduction, or disposal facility.
       ``(3) Multiple federal projects.--If appropriate, the 
     Secretary may combine portions of separate Federal projects 
     with appropriate combined cost-sharing between the various 
     projects, if the facility serves to manage dredged material 
     from multiple Federal projects located in the geographic 
     region of the facility.
       ``(4) Public financing.--
       ``(A) Agreements.--
       ``(i) Specified federal funding sources and cost sharing.--
     The cost-sharing agreement used shall clearly specify--

       ``(I) the Federal funding sources and combined cost-sharing 
     when applicable to multiple Federal navigation projects; and
       ``(II) the responsibilities and risks of each of the 
     parties related to present and future dredged material 
     managed by the facility.

       ``(ii) Management of sediments.--

       ``(I) In general.--The cost-sharing agreement may include 
     the management of sediments from the maintenance dredging of 
     Federal navigation projects that do not have partnerships 
     agreements.
       ``(II) Payments.--The cost-sharing agreement 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 treatment, processing, contaminant 
     reduction, or disposal facilities.

       ``(iii) Credit.--The cost-sharing agreement may allow costs 
     incurred prior to execution of a partnership agreement for 
     construction or the purchase of equipment or capacity for the 
     project to be credited according to existing cost-sharing 
     rules.
       ``(B) Credit.--
       ``(i) 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 other non-Federal interest for the cost-
     sharing, construction, and operation and maintenance of a 
     Federal navigation project.
       ``(ii) 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 public interest of a Federal 
     navigation project may seek credit for funds provided for the 
     acquisition, design, construction, management, or operation 
     of a dredged material processing, treatment, or disposal 
     facility to the extent the facility is used to manage dredged 
     material from the Federal navigation project.
       ``(iii) Non-federal interest responsibilities.--The non-
     Federal interest shall--

       ``(I) be responsible for providing all necessary land, 
     easement rights-of-way, or relocations associated with the 
     facility; and
       ``(II) receive credit 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, or'' after 
     ``dredged material'' the first place it appears in each of 
     those paragraphs.

     SEC. 3079. MISSOURI RIVER RESTORATION, NORTH DAKOTA.

       Section 707(a) of the Water Resources 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. 3080. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

       Section 507(1) of the Water Resources Development Act of 
     1996 (110 Stat. 3758) is amended--
       (1) by striking ``$2,500,000'' and inserting 
     ``$5,500,000''; and
       (2) by adding before the period at the end the following: 
     ``(which repair and rehabilitation shall include lowering the 
     crest of the Dam by not more than 12.5 feet)''.

     SEC. 3081. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL 
                   TOWNSHIP, OHIO.

       Increased 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 full Federal expense.

     SEC. 3082. 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. 3083. LAKE EUFAULA, OKLAHOMA.

       (a) Project Goal.--
       (1) In general.--The goal for operation of Lake Eufaula 
     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 the Act of December 22, 
     1944 (commonly known as the ``Flood Control Act of 1944'') 
     (58 Stat. 887, chapter 665).
       (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 Act of July 24, 1946 
     (commonly known as the ``River and Harbor Act of 1946'') 
     (Public Law 79-525; 60 Stat. 634).
       (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, acting through the Chief of Engineers, shall 
     perform a reallocation study, at full 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 360 days 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. 3084. RELEASE OF RETAINED RIGHTS, INTERESTS, AND 
                   RESERVATIONS, OKLAHOMA.

       (a) Release of Retained Rights, Interests, and 
     Reservations.--Each reversionary interest and use restriction 
     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

[[Page S7793]]

     entitled ``An Act to authorize the sale of certain lands to 
     the State of Oklahoma'' (67 Stat. 62, chapter 118) is 
     terminated.
       (b) 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 another appropriate instrument to release 
     each interest and use restriction described in subsection 
     (a).

     SEC. 3085. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.

       (a) Implementation of Program.--Not later than 1 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 shall, consistent with 
     authorized project purposes--
       (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. 3086. 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; and
       (2) may not be adjusted, altered, or changed without a 
     specific, separate, and written agreement between the 
     District and the United States.

     SEC. 3087. LOOKOUT POINT PROJECT, LOWELL, OREGON.

       (a) In General.--Subject to subsection (c), the Secretary 
     shall convey at fair market value to the Lowell School 
     District No. 71, all right, title, and interest of the United 
     States in and to a parcel consisting of approximately 0.98 
     acres of land, including 3 abandoned buildings on the land, 
     located in Lowell, Oregon, as described in subsection (b).
       (b) Description of Property.--The parcel of land to be 
     conveyed under subsection (a) is more particularly described 
     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 on 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; and thence east 
     250.0 feet to the true point of beginning of this description 
     in sec. 14, T. 19 S., R. 1 W. of the Willamette Meridian, 
     Lane County, Oregon.
       (c) Condition.--The Secretary shall not complete the 
     conveyance under subsection (a) until such time as the Forest 
     Service--
       (1) completes and certifies that necessary environmental 
     remediation associated with the structures located on the 
     property is complete; and
       (2) transfers the structures to the Corps of Engineers.
       (d) Effect of Other Law.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to any conveyance under this section.
       (2) Liability.--
       (A) In general.--Lowell School District No, 71 shall hold 
     the United States harmless from any liability with respect to 
     activities carried out on the property described in 
     subsection (b) on or after the date of the conveyance under 
     subsection (a).
       (B) Certain activities.--The United States shall be liable 
     with respect to any activity carried out on the property 
     described in subsection (b) before the date of conveyance 
     under subsection (a).

     SEC. 3088. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM 
                   RESTORATION.

       (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) Cost Sharing Requirements.--
       (1) Studies.--Studies conducted under this section shall be 
     subject to cost sharing in accordance with section 206 of the 
     Water Resources Development Act of 1996 (33 U.S.C. 2330).
       (2) Ecosystem restoration projects.--
       (A) In general.--Non-Federal interests shall pay 35 percent 
     of the cost of any ecosystem restoration project carried out 
     under this section.
       (B) Items provided by non-federal interests.--
       (i) In general.--Non-Federal interests shall provide all 
     land, easements, rights-of-way, dredged material disposal 
     areas, and relocations necessary for ecosystem restoration 
     projects to be carried out under this section.
       (ii) Credit toward payment.--The value of the land, 
     easements, rights-of-way, dredged material disposal areas, 
     and relocations provided under paragraph (1) shall be 
     credited toward the payment required under subsection (a).
       (C) In-kind contributions.--100 percent of the non-Federal 
     share required under subsection (a) may be satisfied by the 
     provision of in-kind contributions.
       (3) Operations and maintenance.--Non-Federal interests 
     shall be responsible for all costs associated with operating, 
     maintaining, replacing, repairing, and rehabilitating all 
     projects carried out under this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000.

     SEC. 3089. TIOGA TOWNSHIP, PENNSYLVANIA.

       (a) In General.--The Secretary shall convey to the Tioga 
     Township, Pennsylvania, at fair market value, all right, 
     title, and interest in and to the parcel of real property 
     located on the northeast end of Tract No. 226, a portion of 
     the Tioga-Hammond Lakes Floods Control Project, Tioga County, 
     Pennsylvania, consisting of approximately 8 acres, together 
     with any improvements on that property, in as-is condition, 
     for public ownership and use as the site of the 
     administrative offices and road maintenance complex for the 
     Township.
       (b) Survey to Obtain Legal Description.--The exact acreage 
     and the legal description of the real property described in 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary.
       (c) Reservation of Interests.--The Secretary shall reserve 
     such rights and interests in and to the property to be 
     conveyed as the Secretary considers necessary to preserve the 
     operational integrity and security of the Tioga-Hammond Lakes 
     Flood Control Project.
       (d) Reversion.--If the Secretary determines that the 
     property conveyed under subsection (a) ceases to be held in 
     public ownership, or to be used as a site for the Tioga 
     Township administrative offices and road maintenance complex 
     or for related public purposes, all right, title, and 
     interest in and to the property shall revert to the United 
     States, at the option of the United States.

     SEC. 3090. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND 
                   NEW YORK.

       Section 567 of the Water Resources Development Act of 1996 
     (110 Stat. 3787) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Cooperation Agreements.--
       ``(1) In general.--In conducting the study and implementing 
     the strategy under this section, the Secretary shall enter 
     into cost-sharing and project cooperation agreements with the 
     Federal Government, State and local governments (with the 
     consent of the State and local governments), land trusts, or 
     nonprofit, nongovernmental organizations with expertise in 
     wetland restoration.
       ``(2) Financial assistance.--Under the cooperation 
     agreement, the Secretary may provide assistance for 
     implementation of wetland restoration projects and soil and 
     water conservation measures.''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Implementation of Strategy.--
       ``(1) In general.--The Secretary shall carry out the 
     development, demonstration, and implementation of the 
     strategy under this section in cooperation with local 
     landowners, local government officials, and land trusts.

[[Page S7794]]

       ``(2) Goals of projects.--Projects to implement the 
     strategy under this subsection shall be designed to take 
     advantage of ongoing or planned actions by other agencies, 
     local municipalities, or nonprofit, nongovernmental 
     organizations with expertise in wetland restoration that 
     would increase the effectiveness or decrease the overall cost 
     of implementing recommended projects.''.

     SEC. 3091. 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. 3092. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT 
                   PROPOSAL AT RICHARD B. RUSSELL LAKE, SOUTH 
                   CAROLINA.

       (a) In General.--The Secretary shall convey 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 subsection (b)(1) 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).
       (b) Land Description.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     parcels of land referred to in subsection (a) are the parcels 
     contained in the portion of land described in Army Lease 
     Number DACW21-1-92-0500.
       (2) Retention of interests.--The United States shall 
     retain--
       (A) ownership of all land included in the lease referred to 
     in paragraph (1) that would have been acquired for 
     operational purposes in accordance with the 1971 
     implementation of the 1962 Army/Interior Joint Acquisition 
     Policy; and
       (B) 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.
       (3) Survey.--The exact acreage and legal description of the 
     land described in paragraph (1) shall be determined by a 
     survey satisfactory to the Secretary, with the cost of the 
     survey to be paid by the State.
       (c) General Provisions.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance under this section.
       (2) Additional terms and conditions.--The Secretary may 
     require that the conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (3) Costs of conveyance.--
       (A) In general.--The State shall be responsible for all 
     costs, including real estate transaction and environmental 
     compliance costs, associated with the conveyance under this 
     section.
       (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 section if those actions are performed 
     in close coordination with, and to the satisfaction of, the 
     United States.
       (4) Liability.--The State 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 under this section.
       (d) Additional Terms and Conditions.--
       (1) In general.--The State shall pay fair market value 
     consideration, as determined by the United States, for any 
     land included in the conveyance under this section.
       (2) No effect on shore management policy.--The Shoreline 
     Management Policy (ER-1130-2-406) of the Corps of Engineers 
     shall not be changed or altered for any proposed development 
     of land conveyed under this section.
       (3) Federal statutes.--The conveyance under this section 
     shall be subject to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) (including public review under 
     that Act) and other Federal statutes.
       (4) Cost sharing.--In carrying out the conveyance under 
     this section, 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.
       (5) Land not conveyed.--The State shall continue to manage 
     the land not conveyed under this section in accordance with 
     the terms and conditions of Army Lease Number DACW21-1-92-
     0500.

     SEC. 3093. 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 the Water Resources 
     Development Act of 2000 (114 Stat. 2712) is amended in the 
     first sentence by striking ``2005'' and inserting ``2010''.

     SEC. 3094. 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) by redesignating subsections (f) and (g) as subsections 
     (h) and (i), respectively;
       (2) in subsection (h) (as redesignated by paragraph (1)), 
     by striking paragraph (1) and inserting the following:
       ``(1) Non-federal share.--
       ``(A) In general.--The non-Federal share of the cost of 
     projects 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 of the foregoing.
       ``(B) Private ownership.--Land needed for a project under 
     this authority may remain in private ownership subject to 
     easements that are--
       ``(i) satisfactory to the Secretary; and
       ``(ii) necessary to assure achievement of the project 
     purposes.'';
       (3) in subsection (i) (as redesignated by paragraph (1)), 
     by striking ``for the period of fiscal years 2000 and 2001.'' 
     and inserting ``per year, and that authority shall extend 
     until Federal fiscal year 2015.''; and
       (4) by inserting after subsection (e) the following:
       ``(f) Nonprofit Entities.--Notwithstanding 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 regional or national nonprofit entity 
     with the consent of the affected local government.
       ``(g) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single locality.''

     SEC. 3095. ANDERSON CREEK, JACKSON AND MADISON COUNTIES, 
                   TENNESSEE.

       (a) In General.--The Secretary may carry out a project for 
     flood damage reduction under section 205 of the Flood Control 
     Act of 1948 (33 U.S.C. 701s) at Anderson Creek, Jackson and 
     Madison Counties, Tennessee, if the Secretary determines that 
     the project is technically sound, environmentally acceptable, 
     and economically justified.
       (b) Relationship to West Tennessee Tributaries Project, 
     Tennessee.--Consistent with the report of the Chief of 
     Engineers dated March 24, 1948, on the West Tennessee 
     Tributaries project--
       (1) Anderson Creek shall not be considered to be an 
     authorized channel of the West Tennessee Tributaries Project; 
     and
       (2) the Anderson Creek flood damage reduction project shall 
     not be considered to be part of the West Tennessee 
     Tributaries Project.

     SEC. 3096. HARRIS FORK CREEK, TENNESSEE AND KENTUCKY.

       Notwithstanding section 1001(b)(1) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a), the project for 
     flood control, Harris Fork Creek, Tennessee and Kentucky, 
     authorized by section 102 of the Water Resources Development 
     Act of 1976 (33 U.S.C. 701c note; 90 Stat. 2920) shall remain 
     authorized to be carried out by the Secretary for a period of 
     7 years beginning on the date of enactment of this Act.

     SEC. 3097. 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 full 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. 3098. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, 
                   TENNESSEE.

       (a) 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.
       (b) 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 subsection (a).
       (c) No Effect on Other Rights.--Nothing in this section 
     affects any remaining right or interest of the Corps of 
     Engineers with respect to an authorized purpose of any 
     project.

     SEC. 3099. SANDY CREEK, JACKSON COUNTY, TENNESSEE.

       (a) In General.--The Secretary may carry out a project for 
     flood damage reduction under section 205 of the Flood Control 
     Act of 1948 (33 U.S.C. 701s) at Sandy Creek, Jackson

[[Page S7795]]

     County, Tennessee, if the Secretary determines that the 
     project is technically sound, environmentally acceptable, and 
     economically justified.
       (b) Relationship to West Tennessee Tributaries Project, 
     Tennessee.--Consistent with the report of the Chief of 
     Engineers dated March 24, 1948, on the West Tennessee 
     Tributaries project--
       (1) Sandy Creek shall not be considered to be an authorized 
     channel of the West Tennessee Tributaries Project; and
       (2) the Sandy Creek flood damage reduction project shall 
     not be considered to be part of the West Tennessee 
     Tributaries Project.

     SEC. 3100. CEDAR BAYOU, TEXAS.

       Section 349(a)(2) of the Water Resources Development Act of 
     2000 (114 Stat. 2632) is amended by striking ``except that 
     the project is authorized only for construction of a 
     navigation channel 12 feet deep by 125 feet wide'' and 
     inserting ``except that the project is authorized for 
     construction of a navigation channel that is 10 feet deep by 
     100 feet wide''.

     SEC. 3101. DENISON, TEXAS.

       (a) In General.--The Secretary may offer to convey at fair 
     market value to the city of Denison, Texas (or a designee of 
     the city), 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.
       (b) Survey to Obtain Legal Description.--The exact acreage 
     and description of the real property referred to in 
     subsection (a) shall be determined by a survey paid for by 
     the city of Denison, Texas (or a designee of the city), that 
     is satisfactory to the Secretary.
       (c) Conveyance.--On acceptance by the city of Denison, 
     Texas (or a designee of the city), of an offer under 
     subsection (a), the Secretary may immediately convey the land 
     surveyed under subsection (b) by quitclaim deed to the city 
     of Denison, Texas (or a designee of the city).

     SEC. 3102. 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. 3103. 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. 3104. CONNECTICUT RIVER RESTORATION, VERMONT.

       Notwithstanding section 221 of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b), 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. 3105. DAM REMEDIATION, VERMONT.

       Section 543 of the Water Resources Development Act of 2000 
     (114 Stat. 2673) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) may carry out measures to restore, protect, and 
     preserve an ecosystem affected by a dam described in 
     subsection (b).''; and
       (2) in subsection (b), by adding at the end 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.''.

     SEC. 3106. 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 shall 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. 3107. 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) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of the 
     study and development of the strategy under subsection (a) 
     shall be 65 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of the study and development of the strategy may be provided 
     through the contribution of in-kind services and materials.
       (c) Non-Federal Interest.--A nonprofit organization with 
     wetland restoration experience may serve as the non-Federal 
     interest for the study and development of the strategy under 
     this section.
       (d) Cooperative Agreements.--In conducting the study and 
     developing the strategy under this section, the Secretary may 
     enter into 1 or more cooperative agreements to provide 
     technical assistance to appropriate Federal, State, and local 
     agencies and nonprofit organizations with wetland restoration 
     experience, including assistance for the implementation of 
     wetland restoration projects and soil and water conservation 
     measures.
       (e) Implementation.--The Secretary shall carry out 
     development and implementation of the strategy under this 
     section in cooperation with local landowners and local 
     government officials.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000, to 
     remain available until expended.

     SEC. 3108. 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) invasive 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) invasive species control;
       (ix) wetland restoration and migratory bird habitat 
     restoration;
       (x) improvements in fish migration; and
       (xi) conduct of any other project or activity determined to 
     be appropriate by the Secretary.
       (c) Cost Sharing.--The Federal share of the cost of any 
     project carried out under this section shall not be less than 
     65 percent.
       (d) Non-Federal Interest.--A nonprofit organization may 
     serve as the non-Federal interest for a project carried out 
     under this section.
       (e) Crediting.--
       (1) For work.--The Secretary shall provide credit, 
     including credit for in-kind contributions of up to 100 
     percent of the non-Federal share, for work (including design 
     work and materials) if the Secretary determines that the work 
     performed by the non-Federal interest is integral to the 
     product.
       (2) For other contributions.--The non-Federal interest 
     shall receive credit for land, easements, rights-of-way, 
     dredged material disposal areas, and relocations necessary to 
     implement the projects.
       (f) 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

[[Page S7796]]

     implementation of projects to be carried out under subsection 
     (b).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 3109. 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) in subparagraph (D), by striking ``or'' at the end;
       (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) in subparagraph (A)--
       (i) by striking ``The non-Federal'' and inserting the 
     following:
       ``(i) In general.--The non-Federal''; and
       (ii) 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.''; and
       (B) in subparagraph (C), by striking ``up to 50 percent 
     of''; and
       (3) in subsection (g), by striking ``$20,000,000'' and 
     inserting ``$32,000,000''.

     SEC. 3110. 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 ``$20,000,000'' 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)) 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. 3111. 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 $3,000,000, with an estimated 
     Federal cost of $2,400,000 and an estimated non-Federal cost 
     of $600,000.''.

     SEC. 3112. 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 1-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;
       (2) in accordance with all applicable Federal law 
     (including regulations); and
       (3) at full Federal expense.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

     SEC. 3113. LOWER GRANITE POOL, WASHINGTON.

       (a) Extinguishment of Reversionary Interests and Use 
     Restrictions.--With respect to property covered by each deed 
     described in subsection (b)--
       (1) the reversionary interests and use restrictions 
     relating to port or industrial purposes are extinguished;
       (2) 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; and
       (3) the use of fill material to raise low areas above the 
     standard project flood elevation is authorized, except in any 
     low area constituting wetland for which a permit under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) would be required for the use of fill material.
       (b) Deeds.--The deeds referred to in subsection (a) are as 
     follows:
       (1) Auditor's File Numbers 432576, 443411, 499988, and 
     579771 of Whitman County, Washington.
       (2) Auditor's File Numbers 125806, 138801, 147888, 154511, 
     156928, and 176360 of Asotin County, Washington.
       (c) No Effect on Other Rights.--Nothing in this section 
     affects any remaining rights and interests of the Corps of 
     Engineers for authorized project purposes in or to property 
     covered by a deed described in subsection (b).

     SEC. 3114. 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 subsection (a) 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 paragraph (3), the 
     Secretary shall retain rights described in paragraph (2) with 
     respect to the land for which administrative jurisdiction is 
     transferred under subsection (a).
       (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 such 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 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 United States Fish and 
     Wildlife Service 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 United States Fish 
     and Wildlife Service shall continue operation of the Madame 
     Dorian Recreation Area for public use and boater access.
       (e) Administrative Costs.--The United States Fish and 
     Wildlife Service shall be responsible for all survey, 
     environmental compliance, and other administrative costs 
     required to implement the transfer of administrative 
     jurisdiction under subsection (a).

     SEC. 3115. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.

       The Fish and Wildlife Compensation Plan for the Lower Snake 
     River, Washington and Idaho, as authorized by section 101 of 
     the Water Resources Development Act of 1976 (90

[[Page S7797]]

     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.

     SEC. 3116. WHATCOM CREEK WATERWAY, BELLINGHAM, WASHINGTON.

       That portion of the project for navigation, Whatcom Creek 
     Waterway, Bellingham, Washington, authorized by the Act of 
     June 25, 1910 (36 Stat. 664, chapter 382) (commonly known as 
     the ``River and Harbor Act of 1910'') and 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, shall not be 
     authorized as of the date of enactment of this Act.

     SEC. 3117. 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), as 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 $45,500,000, with an estimated Federal cost of 
     $34,125,000 and an estimated non-Federal cost of $11,375,000.

     SEC. 3118. MCDOWELL COUNTY, WEST VIRGINIA.

       (a) In General.--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.
       (b) Updates and Revisions.--The measures under subsection 
     (a) shall be carried out in accordance with, and during the 
     development of, the updates and revisions under section 
     2006(e)(2).

     SEC. 3119. GREEN BAY HARBOR PROJECT, 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 (commonly known as the 
     ``River and Harbor Act of 1884'') (23 Stat. 136, chapter 
     229), from Station 190+00 to Station 378+00 is authorized to 
     a width of 75 feet and a depth of 6 feet.

     SEC. 3120. UNDERWOOD CREEK DIVERSION FACILITY PROJECT, 
                   MILWAUKEE COUNTY, WISCONSIN.

       Section 212(e) of the Water Resources Development Act of 
     1999 (33 U.S.C. 2332) is amended--
       (1) in paragraph (22), by striking ``and'' at the end;
       (2) in paragraph (23), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(24) Underwood Creek Diversion Facility Project (County 
     Grounds), Milwaukee County, Wisconsin.''.

     SEC. 3121. 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, chapter 375), and the Act of June 25, 
     1910 (36 Stat. 664, chapter 382) (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 
     subsection (b), is no longer authorized.
       (b) Project Description.--The project referred to in 
     subsection (a) is more particularly described as--
       (1) beginning at a point along the western limit of the 
     existing project, N. 394,086.71, E. 2,530,202.71;
       (2) thence northeasterly about 619.93 feet to a point N. 
     394,459.10, E. 2,530,698.33;
       (3) thence southeasterly about 186.06 feet to a point N. 
     394,299.20, E. 2,530,793.47;
       (4) thence southwesterly about 355.07 feet to a point N. 
     393,967.13, E. 2,530,667.76;
       (5) thence southwesterly about 304.10 feet to a point N. 
     393,826.90, E. 2,530,397.92; and
       (6) thence northwesterly about 324.97 feet to the point of 
     origin.

     SEC. 3122. 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.--
       ``(1) In general.--The Secretary may operate the headwaters 
     reservoirs below the minimum or above the maximum water 
     levels established under subsection (a) in accordance with 
     water control regulation manuals (or revisions to those 
     manuals) developed by the Secretary, after consultation with 
     the Governor of Minnesota and affected tribal governments, 
     landowners, and commercial and recreational users.
       ``(2) Effective date of manuals.--The water control 
     regulation manuals referred to in paragraph (1) (and any 
     revisions to those manuals) shall be effective as of the date 
     on which the Secretary submits the manuals (or revisions) to 
     Congress.
       ``(3) Notification.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not less than 14 days before operating any headwaters 
     reservoir below the minimum or above the maximum water level 
     limits specified in subsection (a), the Secretary shall 
     submit to Congress a notice of intent to operate the 
     headwaters reservoir.
       ``(B) Exception.--Notice under subparagraph (A) shall not 
     be required in any case in which--
       ``(i) the operation of a headwaters reservoir is necessary 
     to prevent the loss of life or to ensure the safety of a dam; 
     or
       ``(ii) the drawdown of the water level of the reservoir is 
     in anticipation of a flood control operation.''.

     SEC. 3123. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT 
                   INTERPRETIVE SITE.

       Section 103(c)(2) of the Water Resources Development Act of 
     1992 (106 Stat. 4811) is amended by striking ``property 
     currently held by the Resolution Trust Corporation in the 
     vicinity of the Mississippi River Bridge'' and inserting 
     ``riverfront property''.

     SEC. 3124. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.

       (a) In General.--In accordance with the project for 
     navigation, Mississippi River between the Ohio and Missouri 
     Rivers (Regulating Works), Missouri and Illinois, authorized 
     by the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
     (commonly known as the ``River and Harbor Act of 1910''), the 
     Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly 
     known as the ``River and Harbor Act of 1927''), and the Act 
     of July 3, 1930 (46 Stat. 918), the Secretary shall carry out 
     over at least a 10-year period a pilot program to restore and 
     protect fish and wildlife habitat in the middle Mississippi 
     River.
       (b) Authorized Activities.--
       (1) In general.--As part of the pilot program carried out 
     under subsection (a), the Secretary shall conduct any 
     activities that are necessary to improve navigation through 
     the project referred to in subsection (a) while restoring and 
     protecting fish and wildlife habitat in the middle 
     Mississippi River system.
       (2) Inclusions.--Activities authorized under paragraph (1) 
     shall include--
       (A) the modification of navigation training structures;
       (B) the modification and creation of side channels;
       (C) the modification and creation of islands;
       (D) any studies and analysis necessary to develop adaptive 
     management principles; and
       (E) the acquisition from willing sellers of any land 
     associated with a riparian corridor needed to carry out the 
     goals of the pilot program.
       (c) Cost-Sharing Requirement.--The cost-sharing requirement 
     required under the Act of June 25, 1910 (36 Stat. 631, 
     chapter 382) (commonly known as the ``River and Harbor Act of 
     1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 
     47) (commonly known as the ``River and Harbor Act of 1927''), 
     and the Act of July 3, 1930 (46 Stat. 918), for the project 
     referred to in subsection (a) shall apply to any activities 
     carried out under this section.

     SEC. 3125. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL 
                   MANAGEMENT PROGRAM.

       (a) In General.--Notwithstanding section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b), for any Upper 
     Mississippi River fish and wildlife habitat rehabilitation 
     and enhancement project carried out under section 1103(e) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     652(e)), with the consent of the affected local government, a 
     nongovernmental organization may be considered to be a non-
     Federal interest.
       (b) Conforming Amendment.--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. 3126. UPPER BASIN OF MISSOURI RIVER.

       (a) Use of Funds.--Notwithstanding the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247), 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

[[Page S7798]]

     the States of Montana, Nebraska, North Dakota, and South 
     Dakota, using funds made available under this heading 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 Act of December 22, 1944 (commonly known as the `Flood 
     Control Act of 1944') (58 Stat. 897).''.

     SEC. 3127. 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)), 
     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) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Reconnaissance studies.--Any reconnaissance study 
     under subsection (c)(2) shall be carried out at full Federal 
     expense.'';
       (3) in paragraph (3) (as redesignated by paragraph (1)), by 
     striking ``(2) or (3)'' and inserting ``(3) or (4)''; and
       (4) in paragraph (4)(A) (as redesignated by paragraph (1)), 
     by striking ``subsection (c)(2)'' and inserting ``subsection 
     (c)(3)''.

     SEC. 3128. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT 
                   REMEDIATION.

       Section 401(c) of the Water Resources Development Act of 
     1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended by 
     striking ``through 2006'' and inserting ``through 2011''.

     SEC. 3129. 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 2011''.

     SEC. 3130. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM 
                   NEW TECHNOLOGY PILOT PROGRAM.

       (a) Definition of Upper Ohio River and Tributaries 
     Navigation System.--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, with 
     respect to the Upper Ohio River and Tributaries Navigation 
     System--
       (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 or other equipment installed 
     on privately-owned vessels or equipment shall not be eligible 
     under the program.
       (e) Report.--Not later than December 31, 2007, 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, to 
     remain available until expended.

                           TITLE IV--STUDIES

     SEC. 4001. EURASIAN MILFOIL.

       Under the authority of section 104 of the River and Harbor 
     Act of 1958 (33 U.S.C. 610), the Secretary shall carry out a 
     study, at full 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 northern tier States.

     SEC. 4002. NATIONAL PORT STUDY.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation, shall conduct a study of the 
     ability of coastal or deepwater port infrastructure to meet 
     current and projected national economic needs.
       (b) Components.--In conducting the study, the Secretary 
     shall--
       (1) consider--
       (A) the availability of alternate transportation 
     destinations and modes;
       (B) the impact of larger cargo vessels on existing port 
     capacity; and
       (C) practicable, cost-effective congestion management 
     alternatives; and
       (2) give particular consideration to the benefits and 
     proximity of proposed and existing port, harbor, waterway, 
     and other transportation infrastructure.
       (c) Report.--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 report that describes the results 
     of the study.

     SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.

       (a) In General.--To determine with improved accuracy the 
     environmental impacts of the project on the McClellan-Kerr 
     Arkansas River Navigation Channel (referred to in this 
     section as the ``MKARN''), the Secretary shall carry out the 
     measures described in subsection (b) in a timely manner.
       (b) Species Study.--
       (1) In general.--The Secretary, in conjunction with 
     Oklahoma State University, shall convene a panel of experts 
     with acknowledged expertise in wildlife biology and genetics 
     to review the available scientific information regarding the 
     genetic variation of various sturgeon species and possible 
     hybrids of those species that, as determined by the United 
     States Fish and Wildlife Service, may exist in any portion of 
     the MKARN.
       (2) Report.--The Secretary shall direct the panel to report 
     to the Secretary, not later than 1 year after the date of 
     enactment of this Act and in the best scientific judgment of 
     the panel--
       (A) the level of genetic variation between populations of 
     sturgeon sufficient to determine or establish that a 
     population is a measurably distinct species, subspecies, or 
     population segment; and
       (B) whether any pallid sturgeons that may be found in the 
     MKARN (including any tributary of the MKARN) would qualify as 
     such a distinct species, subspecies, or population segment.

     SEC. 4004. 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 $12,000,000.

     SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

       The Secretary shall carry out a study for bank 
     stabilization and shore protection for

[[Page S7799]]

     Nicholas Canyon, Los Angeles, California, under section 3 of 
     the Act of August 13, 1946 (33 U.S.C. 426g).

     SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.

       Section 414 of the Water Resources Development Act of 2000 
     (114 Stat. 2636) is amended by striking ``32 months'' and 
     inserting ``44 months''.

     SEC. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. 
                   HELENA, CALIFORNIA.

       (a) Flood Protection Project.--
       (1) Review.--The Secretary shall review the project for 
     flood control and environmental restoration at St. Helena, 
     California, generally in accordance with Enhanced Minimum 
     Plan A, as described in the final environmental impact report 
     prepared by the city of St. Helena, California, and certified 
     by the city to be in compliance with the California 
     Environmental Quality Act on February 24, 2004.
       (2) Action on determination.--If the Secretary determines 
     under paragraph (1) that the project is economically 
     justified, technically sound, and environmentally acceptable, 
     the Secretary is authorized to carry out the project at a 
     total cost of $30,000,000, with an estimated Federal cost of 
     $19,500,000 and an estimated non-Federal cost of $10,500,000.
       (b) Cost Sharing.--Cost sharing for the project described 
     in subsection (a) shall be in accordance with section 103 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2213).

     SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, 
                   SHERMAN ISLAND, CALIFORNIA.

       The Secretary shall carry out a study of the feasibility of 
     a project to use Sherman Island, California, as a dredged 
     material rehandling facility for the beneficial use of 
     dredged material to enhance the environment and meet other 
     water resource needs on the Sacramento-San Joaquin Delta, 
     California, under section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326).

     SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 
                   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 protection of South San Francisco Bay shoreline;
       (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) Independent Review.--To the extent required by 
     applicable Federal law, a national science panel shall 
     conduct an independent review of the study under subsection 
     (a).
       (c) 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.

     SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.

       (a) In General.--The Secretary shall complete work as 
     expeditiously as practicable on the San Pablo watershed, 
     California, study authorized by section 209 of the Flood 
     Control Act of 1962 (76 Stat. 1196) to determine the 
     feasibility of opportunities for restoring, preserving, and 
     protecting the San Pablo Bay Watershed.
       (b) Report.--Not later than March 31, 2008, the Secretary 
     shall submit to Congress a report that describes the results 
     of the study.

     SEC. 4011. FOUNTAIN CREEK, NORTH OF PUEBLO, COLORADO.

       Subject to the availability of appropriations, the 
     Secretary shall expedite the completion of the Fountain 
     Creek, North of Pueblo, Colorado, watershed study authorized 
     by a resolution adopted by the House of Representatives on 
     September 23, 1976.

     SEC. 4012. SELENIUM STUDY, COLORADO.

       (a) In General.--The Secretary, 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. 4013. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO 
                   SHORELINE, CHICAGO, ILLINOIS.

       (a) Review.--
       (1) In general.--The Secretary is authorized to conduct a 
     third-party review of the Promontory Point project along the 
     Chicago Shoreline, Chicago, Illinois, 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 shall be based on the standards 
     under part 68 of title 36, Code of Federal Regulations (or 
     successor regulation), for implementation by the non-Federal 
     sponsor for the Chicago Shoreline Chicago, Illinois, project.
       (b) Contributions.--The Secretary shall accept from a State 
     or political subdivision of a State voluntarily contributed 
     funds to initiate the third-party review.
       (c) Treatment.--While the third-party review is of the 
     Promontory Point portion of the Chicago Shoreline, Chicago, 
     Illinois, project, the third-party review shall be separate 
     and distinct from the Chicago Shoreline, Chicago, Illinois, 
     project.
       (d) Effect of Section.--Nothing in this section affects the 
     authorization for the Chicago Shoreline, Chicago, Illinois, 
     project.

     SEC. 4014. 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. 4015. LAKE ERIE AT LUNA PIER, MICHIGAN.

       The Secretary shall study the feasibility of storm damage 
     reduction and beach erosion protection and other related 
     purposes along Lake Erie at Luna Pier, Michigan.

     SEC. 4016. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, 
                   OHIO.

       The Secretary shall carry out a study of the feasibility of 
     a project for navigation improvements, shoreline protection, 
     and other related purposes, including the rehabilitation the 
     harbor basin (including entrance breakwaters), interior 
     shoreline protection, dredging, and the development of a 
     public launch ramp facility, for Middle Bass Island State 
     Park, Middle Bass Island, Ohio.

     SEC. 4017. JASPER COUNTY PORT FACILITY STUDY, SOUTH CAROLINA.

       (a) In General.--The Secretary may determine the 
     feasibility of providing improvements to 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, 
     near the vicinity of mile 6 of the Savannah Harbor Entrance 
     Channel.
       (b) 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 for maintenance of the ongoing Savannah Harbor 
     Navigation project; and
       (3) the results of a consultation with the Governor of the 
     State of Georgia and the Governor of the State of South 
     Carolina.

     SEC. 4018. JOHNSON CREEK, ARLINGTON, TEXAS.

       The Secretary shall conduct a feasibility study to 
     determine the technical soundness, economic feasibility, and 
     environmental acceptability of the plan prepared by the city 
     of Arlington, Texas, as generally described in the report 
     entitled ``Johnson Creek: A Vision of Conservation, 
     Arlington, Texas'', dated March 2006.

     SEC. 4019. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.

       (a) Dispersal Barrier Project.--The Secretary shall 
     determine, at full Federal expense, the feasibility of a 
     dispersal barrier project at the Lake Champlain Canal.
       (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 
     full Federal expense.

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 5001. 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) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19), by striking the period at the end 
     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) Lake Sakakawea, North Dakota, removal of silt and 
     aquatic growth and measures to address excessive 
     sedimentation;
       ``(22) Lake Morley, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation;
       ``(23) Lake Fairlee, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation; and
       ``(24) Lake Rodgers, Creedmoor, North Carolina, removal of 
     silt and excessive nutrients and restoration of structural 
     integrity.''.

     SEC. 5002. 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 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.

[[Page S7800]]

     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:
       ``(i) In general.--Except''; and
       (ii) by adding at the end the following:
       ``(ii) 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 are--

       ``(aa) to measure the effectiveness of the restoration 
     project; and
       ``(bb) 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) Definition.--Small projects carried out under this 
     Act shall have a Federal share of less than $1,000,000.
       ``(B) Delegation of project implementation.--In carrying 
     out this section, the Secretary, on recommendation of the 
     Council, shall consider delegating implementation of the 
     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.--Small projects delegated to another Federal 
     department or agency may be funded from the responsible 
     department or appropriations of the agency authorized by 
     section 109(a)(1).
       ``(D) Agreements.--The Federal department or agency to 
     which a small project is delegated shall enter into an 
     agreement with the non-Federal interest generally in 
     conformance with the criteria in subsections (d) and (e). 
     Cooperative agreements may be used for any delegated 
     project.''.
       (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 agency 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 
     ``third and fifth'' and inserting ``sixth, eighth, and 
     tenth''.
       (g) Funding.--Section 109(a) of the Estuary Restoration Act 
     of 2000 (33 U.S.C. 2908(a)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) through 
     (D) and inserting the following:
       ``(A) to the Secretary, $25,000,000 for each of fiscal 
     years 2006 through 2010;
       ``(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 2006 through 2010;
       ``(C) to the Under Secretary for Oceans and Atmosphere of 
     the Department of Commerce, $2,500,000 for each of fiscal 
     years 2006 through 2010;
       ``(D) to the Administrator of the Environmental Protection 
     Agency, $2,500,000 for each of fiscal years 2006 through 
     2010; and
       ``(E) to the Secretary of Agriculture, $2,500,000 for each 
     of fiscal years 2006 through 2010.''; 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 ``2010''.
       (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. 5003. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND 
                   MARYLAND.

       (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. 5004. 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 (111 Stat. 
     176) and sections 2.2 of the Susquehanna River Basin Compact 
     (Public Law 91-575) and the Delaware River Basin Compact 
     (Public Law 87-328), beginning in fiscal year 2002, and each 
     fiscal year thereafter, the Division Engineer, North Atlantic 
     Division, Corps of Engineers--
       (1) shall be the ex officio United States member under the 
     Susquehanna River Basin Compact, the Delaware River Basin 
     Compact, and the Potomac River Basin Compact;
       (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 (Potomac River Basin 
     Compact (Public Law 91-407)) 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, during any period in 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 Potomac River Basin Commission 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 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.

     SEC. 5005. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 
                   MARYLAND.

       (a) Comprehensive Action Plan.--Not later than 1 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 
     stakeholders, 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.

     SEC. 5006. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS 
                   PROJECT, ILLINOIS.

       (a) Treatment as Single Project.--The Chicago Sanitary and 
     Ship Canal Dispersal

[[Page S7801]]

     Barrier Project (Barrier I) (as in existence on the date of 
     enactment of this Act), 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 Barrier II, as authorized by section 345 of 
     the District of Columbia Appropriations Act, 2005 (Public Law 
     108-335; 118 Stat. 1352), shall be considered to constitute a 
     single project.
       (b) Authorization.--
       (1) In general.--The Secretary, acting through the Chief of 
     Engineers, is authorized and directed, at full Federal 
     expense--
       (A) to upgrade and make permanent Barrier I;
       (B) to construct Barrier II, notwithstanding the project 
     cooperation agreement with the State of Illinois dated June 
     14, 2005;
       (C) to operate and maintain Barrier I and Barrier II as a 
     system to optimize effectiveness;
       (D) to conduct, in consultation with appropriate Federal, 
     State, local, and nongovernmental entities, a study of a full 
     range of options and technologies for reducing impacts of 
     hazards that may reduce the efficacy of the Barriers; and
       (E) to 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 received 
     under paragraph (1)(E) to any cost sharing responsibility for 
     an existing or future Federal project with the Corps of 
     Engineers in the State.
       (c) Conforming Amendments.--
       (1) Nonindigenous aquatic nuisance prevention and 
     control.--Section 1202(i)(3)(C) of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4722(i)(3)(C)), is amended by striking ``, to carry out this 
     paragraph, $750,000'' and inserting ``such sums as are 
     necessary to carry out the dispersal barrier demonstration 
     project under this paragraph''.
       (2) Barrier ii authorization.--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 are 
     necessary to carry out the Barrier II project 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).''.

     SEC. 5007. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
                   COLORADO, NEW MEXICO, AND TEXAS.

       (a) Short Title.--This section may be cited as the ``Rio 
     Grande Environmental Management Act of 2006''.
       (b) Definitions.--In this section:
       (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, chapter 155), 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.
       (c) 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.
       (d) State and Local Consultation and Cooperative Effort.--
     For the purpose of ensuring the coordinated planning and 
     implementation of the programs described in subsection (c), 
     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.
       (e) Cost Sharing.--
       (1) In general.--The non-Federal share of the cost of a 
     project carried out under subsection (c)(1)(A)--
       (A) shall be 35 percent;
       (B) may be provided through in-kind services or direct cash 
     contributions; and
       (C) shall include provision of necessary land, easements, 
     relocations, and disposal sites.
       (2) 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.
       (f) Nonprofit Entities.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the affected local government, a nonprofit entity 
     may be included as a non-Federal interest for any project 
     carried out under subsection (c)(1)(A).
       (g) Effect on Other Law.--
       (1) Water law.--Nothing in this section preempts 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.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $25,000,000 for fiscal year 2006 and each subsequent fiscal 
     year.

     SEC. 5008. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, 
                   RECOVERY AND RESTORATION, IOWA, KANSAS, 
                   MISSOURI, MONTANA, NEBRASKA, NORTH DAKOTA, 
                   SOUTH DAKOTA, AND WYOMING.

       (a) Study.--The Secretary, in consultation with the 
     Missouri River Recovery and Implementation Committee 
     established by subsection (b)(1), shall conduct a study of 
     the Missouri River and its tributaries to determine actions 
     required--
       (1) to mitigate losses of aquatic and terrestrial habitat;
       (2) to recover federally listed species under the 
     Endangered Species Act (16 U.S.C. 1531 et seq.); and
       (3) to restore the ecosystem to prevent further declines 
     among other native species.
       (b) Missouri River Recovery Implementation Committee.--
       (1) Establishment.--Not later than June 31, 2006, the 
     Secretary shall establish a committee to be known as the 
     ``Missouri River Recovery Implementation Committee'' 
     (referred to in this section 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.
       (3) Duties.--The Commission shall--
       (A) with respect to the study under subsection (a), provide 
     guidance to the Secretary and any other affected Federal 
     agency, State agency, or Indian tribe;
       (B) provide guidance to the Secretary with respect to the 
     Missouri River recovery and mitigation program 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; and
       (ii) the coordination of the development of consistent 
     policies, strategies, plans, programs, projects, activities, 
     and priorities for the program;
       (C) exchange 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 program;
       (D) establish 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;
       (E) facilitate the resolution of interagency and 
     intergovernmental conflicts between entities represented on 
     the Committee associated with the Missouri River recovery and 
     mitigation program;
       (F) coordinate scientific and other research associated 
     with the Missouri River recovery and mitigation program; and
       (G) annually prepare a work plan and associated budget 
     requests.
       (4) 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 be paid by the agency, Indian tribe, 
     or unit of government represented by the member.
       (c) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Committee.

     SEC. 5009. LOWER PLATTE RIVER WATERSHED RESTORATION, 
                   NEBRASKA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, may cooperate with and provide assistance to the 
     Lower Platte River natural resources districts in

[[Page S7802]]

     the State of Nebraska to serve as local sponsors 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) shall be 
     65 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of carrying out an activity described in subsection (a)--
       (A) shall be 35 percent; and
       (B) 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. 5010. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 
                   TRIBE, AND TERRESTRIAL WILDLIFE HABITAT 
                   RESTORATION, SOUTH DAKOTA.

       (a) Disbursement Provisions of the State of South Dakota 
     and the Cheyenne River Sioux Tribe and the 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, 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) 
     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 Fund in accordance with all of 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, out of any money in the Treasury not otherwise 
     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) up to $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 the Cheyenne River Sioux 
     Tribe and Lower Brule Sioux Tribe Trust Funds.--Section 604 
     of the Water Resources Development Act of 1999 (113 Stat. 
     389) 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 each of the Funds in accordance with all of the 
     requirements of this paragraph.
       ``(B) Separate investments of principal and interest.--

[[Page S7803]]

       ``(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 the 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, out of any money in the Treasury not otherwise 
     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) up to $500,000 for each of fiscal years 2006 and 
     2007; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.''.

     SEC. 5011. CONNECTICUT RIVER DAMS, VERMONT.

       (a) In General.--The Secretary shall evaluate, design, and 
     construct structural modifications at full 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) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

     SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.

       The project for flood damage reduction, Little Cove Creek, 
     Glencoe, Alabama, authorized by the Supplemental 
     Appropriations Act, 1985 (99 Stat. 312), is not authorized.

     SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

       The project for flood control, Goleta and Vicinity, 
     California, authorized by section 201 of the Flood Control 
     Act of 1970 (84 Stat. 1826), is not authorized.

     SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

       (a) In General.--The portion of the project for navigation, 
     Bridgeport Harbor, Connecticut, authorized by the Act of July 
     3, 1930 (46 Stat. 919), consisting of an 18-foot channel in 
     Yellow Mill River and described in subsection (b), is not 
     authorized.
       (b) Description of Project.--The project referred to in 
     subsection (a) is described as beginning at a point along the 
     eastern limit of the existing project, N. 123,649.75, E. 
     481,920.54, thence running northwesterly about 52.64 feet to 
     a point N. 123,683.03, E. 481,879.75, thence running 
     northeasterly about 1,442.21 feet to a point N. 125,030.08, 
     E. 482,394.96, thence running northeasterly about 139.52 feet 
     to a point along the east limit of the existing channel, N. 
     125,133.87, E. 482,488.19, thence running southwesterly about 
     1,588.98 feet to the point of origin.

     SEC. 6004. BRIDGEPORT, CONNECTICUT.

       The project for environmental infrastructure, Bridgeport, 
     Connecticut, authorized by section 219(f)(26) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6005. HARTFORD, CONNECTICUT.

       The project for environmental infrastructure, Hartford, 
     Connecticut, authorized by section 219(f)(27) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6006. NEW HAVEN, CONNECTICUT.

       The project for environmental infrastructure, New Haven, 
     Connecticut, authorized by section 219(f)(28) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE 
                   BAY, PART II, INSTALLATION OF FENDER PROTECTION 
                   FOR BRIDGES, DELAWARE AND MARYLAND.

       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, 
     authorized by the River and Harbor Act of 1954 (68 Stat. 
     1249), is not authorized.

     SEC. 6008. SHINGLE CREEK BASIN, FLORIDA.

       The project for flood control, Central and Southern Florida 
     Project, Shingle Creek Basin, Florida, authorized by section 
     203 of the Flood Control Act of 1962 (76 Stat. 1182), is not 
     authorized.

     SEC. 6009. BREVOORT, INDIANA.

       The project for flood control, Brevoort, Indiana, 
     authorized by section 5 of the Flood Control Act of 1936 (49 
     Stat. 1587), is not authorized.

     SEC. 6010. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

       The project for flood control, Middle Wabash, Greenfield 
     Bayou, Indiana, authorized by section 10 of the Flood Control 
     Act of 1946 (60 Stat. 649), is not authorized.

     SEC. 6011. LAKE GEORGE, HOBART, INDIANA.

       The project for flood damage reduction, Lake George, 
     Hobart, Indiana, authorized by section 602 of the Water 
     Resources Development Act of 1986 (100 Stat. 4148), is not 
     authorized.

     SEC. 6012. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.

       The project for flood damage reduction, Green Bay Levee and 
     Drainage District No. 2, Iowa, authorized by section 401(a) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4115), deauthorized in fiscal year 1991, and reauthorized by 
     section 115(a)(1) of the Water Resources Development Act of 
     1992 (106 Stat. 4821), is not authorized.

     SEC. 6013. MUSCATINE HARBOR, IOWA.

       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), is 
     not authorized.

     SEC. 6014. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL 
                   AREA, KENTUCKY AND TENNESSEE.

       The project for recreation facilities at Big South Fork 
     National River and Recreational

[[Page S7804]]

     Area, Kentucky and Tennessee, authorized by section 108 of 
     the Water Resources Development Act of 1974 (88 Stat. 43), is 
     not authorized.

     SEC. 6015. EAGLE CREEK LAKE, KENTUCKY.

       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), is not authorized.

     SEC. 6016. HAZARD, KENTUCKY.

       The project for flood damage reduction, Hazard, Kentucky, 
     authorized by section 3 of the Water Resources Development 
     Act of 1988 (102 Stat. 4014) and section 108 of the Water 
     Resources Development Act of 1990 (104 Stat. 4621), is not 
     authorized.

     SEC. 6017. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

       The project for flood control, West Kentucky Tributaries, 
     Kentucky, authorized by section 204 of the Flood Control Act 
     of 1965 (79 Stat. 1081), section 201 of the Flood Control Act 
     of 1970 (84 Stat. 1825), and section 401(b) of the Water 
     Resources Development Act of 1986 (100 Stat. 4129), is not 
     authorized.

     SEC. 6018. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

       The project for flood damage reduction, Bayou Cocodrie and 
     Tributaries, Louisiana, authorized by section 3 of the of the 
     Act of August 18, 1941 (55 Stat. 644, chapter 377), and 
     section 1(a) of the Water Resources Development Act of 1974 
     (88 Stat. 12), is not authorized.

     SEC. 6019. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.

       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, chapter 831), and the River and Harbor Act of 1960 (74 
     Stat. 481), are not authorized.

     SEC. 6020. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES 
                   PARISHES, LOUISIANA.

       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), is not 
     authorized.

     SEC. 6021. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.

       The project for erosion protection and recreation, Fort 
     Livingston, Grande Terre Island, Louisiana, authorized by the 
     Act of August 13, 1946 (commonly known as the ``Flood Control 
     Act of 1946'') (33 U.S.C. 426e et seq.), is not authorized.

     SEC. 6022. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF 
                   MENTEUR, LOUISIANA.

       The project for the construction of bulkheads and jetties 
     at Lake Borgne and Chef Menteur, Louisiana, as part of the 
     Gulf Intercoastal Waterway authorized by the first section of 
     the River and Harbor Act of 1946 (60 Stat. 635), is not 
     authorized.

     SEC. 6023. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO 
                   DAINGERFIELD, TEXAS.

       The project for the Red River Waterway, Shreveport, 
     Louisiana to Daingerfield, Texas, authorized by section 101 
     of the River and Harbor Act of 1968 (82 Stat. 731), is not 
     authorized.

     SEC. 6024. CASCO BAY, PORTLAND, MAINE.

       The project for environmental infrastructure, Casco Bay in 
     the Vicinity of Portland, Maine, authorized by section 307 of 
     the Water Resources Development Act of 1992 (106 Stat. 4841), 
     is not authorized.

     SEC. 6025. NORTHEAST HARBOR, MAINE.

       The project for navigation, Northeast Harbor, Maine, 
     authorized by section 2 of the Act of March 2, 1945 (59 Stat. 
     12, chapter 19), is not authorized.

     SEC. 6026. PENOBSCOT RIVER, BANGOR, MAINE.

       The project for environmental infrastructure, Penobscot 
     River in the Vicinity of Bangor, Maine, authorized by section 
     307 of the Water Resources Development Act of 1992 (106 Stat. 
     4841), is not authorized.

     SEC. 6027. SAINT JOHN RIVER BASIN, MAINE.

       The project for research and demonstration program of 
     cropland irrigation and soil conservation techniques, Saint 
     John River Basin, Maine, authorized by section 1108 of the 
     Water Resources Development Act of 1986 (106 Stat. 4230), is 
     not authorized.

     SEC. 6028. TENANTS HARBOR, MAINE.

       The project for navigation, Tenants Harbor, Maine, 
     authorized by the first section of the Act of March 2, 1919 
     (40 Stat. 1275, chapter 95), is not authorized.

     SEC. 6029. GRAND HAVEN HARBOR, MICHIGAN.

       The project for navigation, Grand Haven Harbor, Michigan, 
     authorized by section 202(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4093), is not authorized.

     SEC. 6030. GREENVILLE HARBOR, MISSISSIPPI.

       The project for navigation, Greenville Harbor, Mississippi, 
     authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4142), is not authorized.

     SEC. 6031. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION 
                   CONTROL, NEBRASKA.

       The project for flood damage reduction, Platte River Flood 
     and Related Streambank Erosion Control, Nebraska, authorized 
     by section 603 of the Water Resources Development Act of 1986 
     (100 Stat. 4149), is not authorized.

     SEC. 6032. EPPING, NEW HAMPSHIRE.

       The project for environmental infrastructure, Epping, New 
     Hampshire, authorized by section 219(c)(6) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835), is not 
     authorized.

     SEC. 6033. MANCHESTER, NEW HAMPSHIRE.

       The project for environmental infrastructure, Manchester, 
     New Hampshire, authorized by section 219(c)(7) of the Water 
     Resources Development Act of 1992 (106 Stat. 4836), is not 
     authorized.

     SEC. 6034. NEW YORK HARBOR AND ADJACENT CHANNELS, CLAREMONT 
                   TERMINAL, JERSEY CITY, NEW JERSEY.

       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), is not authorized.

     SEC. 6035. EISENHOWER AND SNELL LOCKS, NEW YORK.

       The project for navigation, Eisenhower and Snell Locks, New 
     York, authorized by section 1163 of the Water Resources 
     Development Act of 1986 (100 Stat. 4258), is not authorized.

     SEC. 6036. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

       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), is not authorized.

     SEC. 6037. OUTER HARBOR, BUFFALO, NEW YORK.

       The project for navigation, Outer Harbor, Buffalo, New 
     York, authorized by section 110 of the Water Resources 
     Development Act of 1992 (106 Stat. 4817), is not authorized.

     SEC. 6038. SUGAR CREEK BASIN, NORTH CAROLINA AND SOUTH 
                   CAROLINA.

       The project for flood damage reduction, Sugar Creek Basin, 
     North Carolina and South Carolina, authorized by section 
     401(a) of the Water Resources Development Act of 1986 (100 
     Stat. 4121), is not authorized.

     SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion), Ohio, authorized by section 101 of the River and 
     Harbor Act of 1958 (72 Stat. 299), is not authorized.

     SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion), Ohio, authorized by section 101 of the River and 
     Harbor Act of 1960 (74 Stat. 482), is not authorized.

     SEC. 6041. CLEVELAND HARBOR, UNCOMPLETED PORTION OF CUT #4, 
                   OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion of Cut #4), Ohio, authorized by the first section of 
     the Act of July 24, 1946 (60 Stat. 636, chapter 595), is not 
     authorized.

     SEC. 6042. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAMMOND, 
                   OREGON.

       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), 
     is not authorized.

     SEC. 6043. SCHUYLKILL RIVER, PENNSYLVANIA.

       The project for navigation, Schuylkill River (Mouth to 
     Penrose Avenue), Pennsylvania, authorized by section 3(a)(12) 
     of the Water Resources Development Act of 1988 (102 Stat. 
     4013), is not authorized.

     SEC. 6044. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

       The project for flood control and recreation, Tioga-Hammond 
     Lakes, Mill Creek Recreation, Pennsylvania, authorized by 
     section 203 of the Flood Control Act of 1958 (72 Stat. 313), 
     is not authorized.

     SEC. 6045. TAMAQUA, PENNSYLVANIA.

       The project for flood control, Tamaqua, Pennsylvania, 
     authorized by section 1(a) of the Water Resources Development 
     Act of 1974 (88 Stat. 14), is not authorized.

     SEC. 6046. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE 
                   ISLAND.

       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), is 
     not authorized.

     SEC. 6047. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

       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), is not 
     authorized.

     SEC. 6048. ARROYO COLORADO, TEXAS.

       The project for flood damage reduction, Arroyo Colorado, 
     Texas, authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4125), is not authorized.

     SEC. 6049. CYPRESS CREEK-STRUCTURAL, TEXAS.

       The project for flood damage reduction, Cypress Creek-
     Structural, Texas, authorized by section 3(a)(13) of the 
     Water Resources Development Act of 1988 (102 Stat. 4014), is 
     not authorized.

     SEC. 6050. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST 
                   FORK OF THE TRINITY RIVER, TEXAS.

       The project for flood damage reduction, 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), is not authorized.

     SEC. 6051. FALFURRIAS, TEXAS.

       The project for flood damage reduction, Falfurrias, Texas, 
     authorized by section 3(a)(14) of the Water Resources 
     Development Act of 1988 (102 Stat. 4014), is not authorized.

     SEC. 6052. PECAN BAYOU LAKE, TEXAS.

       The project for flood control, Pecan Bayou Lake, Texas, 
     authorized by section 203 of the Flood Control Act of 1968 
     (82 Stat. 742), is not authorized.

     SEC. 6053. LAKE OF THE PINES, TEXAS.

       The project for navigation improvements affecting Lake of 
     the Pines, Texas, for the

[[Page S7805]]

     portion of the Red River below Fulton, Arkansas, authorized 
     by the Act of July 13, 1892 (27 Stat. 88, chapter 158), as 
     amended by the Act of July 24, 1946 (60 Stat. 635, chapter 
     595), the Act of May 17, 1950 (64 Stat. 163, chapter 188), 
     and the River and Harbor Act of 1968 (82 Stat. 731), is not 
     authorized.

     SEC. 6054. TENNESSEE COLONY LAKE, TEXAS.

       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), is not authorized.

     SEC. 6055. CITY WATERWAY, TACOMA, WASHINGTON.

       The portion of the project for navigation, City Waterway, 
     Tacoma, Washington, authorized by the first section of the 
     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, is 
     not authorized.

     SEC. 6056. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

       The project for bank erosion, Kanawha River, Charleston, 
     West Virginia, authorized by section 603(f)(13) of the Water 
     Resources Development Act of 1986 (100 Stat. 4153), is not 
     authorized.

                                 ______
                                 
  SA 4677. Mr. CHAFEE submitted an amendment intended to be proposed by 
him to the bill S. 728, to provide for the consideration 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; which was 
ordered to lie on the table; as follows:

       At the end of title V, insert the following:

     SEC. 5___. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE 
                   ISLAND.

       (a) Definitions.--In this section:
       (1) Barrier.--The term ``Barrier'' means the Fox Point 
     Hurricane Barrier, Providence, Rhode Island.
       (2) City.--The term ``City'' means the city of Providence, 
     Rhode Island.
       (b) Responsibility for Annual Operation and Maintenance.--
     Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall assume responsibility for the annual 
     operation and maintenance of the Barrier.
       (c) Identification and Conveyance of Applicable Land.--
       (1) Identification.--The City, in coordination with the 
     Secretary, shall identify any land and structures required 
     for the continued operation and maintenance, repair, 
     replacement, rehabilitation, and structural integrity of the 
     Barrier.
       (2) Conveyance.--The City shall convey to the Secretary, by 
     quitclaim deed and without consideration, all rights, title, 
     and interests of the City in and to the land and structures 
     identified under paragraph (1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such funds as are 
     necessary for each fiscal year to operate and maintain the 
     Barrier (including repair, replacement, and rehabilitation).
                                 ______
                                 
  SA 4678. Mr. CHAFEE submitted an amendment intended to be proposed by 
him to the bill S. 728, to provide for the consideration 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; which was 
ordered to lie on the table; as follows:

       At the end of title V, insert the following:

     SEC. 5___. FIELDS POINT URBAN WATERFRONT RESTORATION, RHODE 
                   ISLAND.

       The Secretary shall carry out the project for reclamation 
     and environmental restoration of the waterfront around Fields 
     Point, Rhode Island, at a total cost of $5,000,000, with an 
     estimated Federal cost of $3,250,000 and a non-Federal cost 
     of $1,750,000, including portions of the project relating 
     to--
       (1) the removal of in-water pilings and other dilapidated 
     marina structures;
       (2) shoreline stabilization;
       (3) the reintroduction of marine vegetation; and
       (4) general habitat restoration.
                                 ______
                                 
  SA 4679. Mrs. BOXER (for herself and Mrs. Feinstein) proposed an 
amendment to the bill S. 728, to provide for the consideration 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; as follows:

       Beginning on page 164, strike line 21 and all that follows 
     through page 165, line 5, and insert the following:
       (b) Folsom Dam.--Section 128(a) of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2259), is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary'';
       (2) in the second sentence, by striking ``The Secretaries'' 
     and inserting the following:
       ``(2) Technical reviews.--The Secretaries'';
       (3) in the third sentence, by striking ``In developing'' 
     and inserting the following:
       ``(3) Improvements.--
       ``(A) In general.--In developing'';
       (4) in the fourth sentence, by striking ``In conducting'' 
     and inserting the following:
       ``(B) Use of funds.--In conducting''; and
       (5) by adding at the end the following:
       ``(4) Project alternative solutions study.--The 
     Secretaries, in cooperation with non-Federal agencies, are 
     directed to expedite their respective activities, including 
     the formulation of all necessary studies and decision 
     documents, in furtherance of the collaborative effort known 
     as the `Project Alternative Solutions Study', as well as 
     planning, engineering, and design, including preparation of 
     plans and specifications, of any features recommended for 
     authorization by the Secretary of the Army under paragraph 
     (6).
       ``(5) Consolidation of technical reviews and design 
     activities.--The Secretary of the Army shall consolidate 
     technical reviews and design activities for--
       ``(A) the project for flood damage reduction authorized by 
     section 101(a)(6) of the Water Resources Development Act of 
     1999 (113 Stat. 274); and
       ``(B) the project for flood damage reduction, dam safety, 
     and environmental restoration authorized by sections 128 and 
     134 of the Energy and Water Development Appropriations Act, 
     2004 (117 Stat. 1838, 1842).
       ``(6) Report.--The recommendations of the Secretary of the 
     Army, along with the views of the Secretary of the Interior 
     and relevant non-Federal agencies resulting from the 
     activities directed in paragraphs (4) and (5), shall be 
     forwarded to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives by not later 
     than June 30, 2007, and shall provide status reports by not 
     later than September 30, 2006, and quarterly thereafter.
       ``(7) Effect.--Nothing in this section shall be deemed as 
     deauthorizing the full range of project features and 
     parameters of the projects listed in paragraph (5), nor shall 
     it limit any previous authorizations granted by Congress.''.
                                 ______
                                 
  SA 4680. Mr. SPECTER (for himself and Mr. Carper) proposed an 
amendment to the bill S. 728, to provide for the consideration 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; as follows:

       Strike section 2020 and insert the following:

     SEC. 2020. FEDERAL HOPPER DREDGES.

       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.''.

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