[Congressional Record Volume 153, Number 63 (Thursday, April 19, 2007)]
[House]
[Pages H3600-H3665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WATER RESOURCES DEVELOPMENT ACT OF 2007
The SPEAKER pro tempore. Pursuant to House Resolution 319 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 1495.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1495) to provide for the conservation and development of water
and related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of
the United States, and for other purposes, with Mr. Ross in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Minnesota (Mr. Oberstar) and the gentleman from
Florida (Mr. Mica) each will control 30 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may
consume.
I rise in strong support of H.R. 1495, the Water Resources
Development Act of 2007, a bill long in the making, 6 years in the
making, a bill that has ultimately passed the House, not passed the
Senate, passed the House, passed the Senate, not gone to conference.
We tried in the closing hours of the 109th Congress to wrap this
measure up, then-Chairman Don Young and I, working with our
counterparts in the other body, attempting to reach an agreement, but
it just proved insurmountable, too insurmountable an obstacle to get
there.
In this 110th Congress, we resumed on the base of the legislation
that has built up over 6 years, over three Congresses, and working with
the distinguished gentleman from Florida (Mr. Mica), the ranking member
on the Committee on Transportation and Infrastructure, we spent a great
deal of time together thinking through how to proceed with this
legislation.
[[Page H3601]]
We agreed on basic principles that we would start with the bill that
passed the House. There was no conference ever consummated in the 109th
Congress. So we decided that the benchmark bill for this Congress would
be only those measures that were in the bill of the 109th Congress, and
we started from there. And then we have worked our way through myriad
issues, Members who wanted new projects or amendments or additions to
existing projects; and in all cases, we made very, very difficult, but
I think honest and consistent, decisions about the legislation we bring
before you today.
I want to assure Members that are concerned, that have issues that
have arisen since the 109th Congress, that those issues that need to be
addressed by projects of the Corps of Engineers will be addressed in
subsequent legislation. As soon as we are able to move this bill
through the House, through conference with the Senate, which I am
confident can be done before the middle of June, maybe earlier if the
other body will be able to free itself to work with us in conference,
we can get this done very quickly, and then begin on the next round of
water resources projects which I guarantee is not going to take 7
years.
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We are going to deal with somebody, maybe in the next 7 or 8 months
after the conclusion of this legislation. Again, I express my
appreciation to the gentleman from Florida for consistently working to
move this critically important legislation.
The Committee on Transportation and Infrastructure is the proud
inheritor of a long tradition of work, of investment in America's
transportation needs, water resources, where the very first concerns of
the new Nation in 1789 and the first act of the first Congress, 1789,
was to authorize the establishment of a lighthouse, at the entry to
Hampton Roads in Virginia.
Starting from that point, this committee continued the direction of
the Constitution to build and maintain post roads. Well, not all roads
were built just for the postal service; but, again, it was the spirit
of the Constitution, the spirit of the new Nation that we needed
mobility. The Nation was founded along the waterways, the salt water
coasts, the inland waterways. It has been our task to assure mobility,
movement of people and goods through waterways, and then the highways,
later the railways, and then the airways.
Here we come with this massive bill, because the President, because
Congress hasn't done its work; and the last time a President signed a
Water Resources Development Act was in 2000. Well, we hope that the
next one will be this year, which we fully expect.
There are many issues that have arisen in the intervening years, some
that were weighing heavily upon us when we began this process in 2000
of crafting the current WRDA bill on the Great Lakes. Invasive species
are threatening our native aquatic species, biota and flora, as well as
a new issue called a deadly fish virus, a hemorrhagic virus that
destroys the fisheries and is carried in ballast waters from one region
of the Great Lakes to another.
We have language in this bill that will initiate an emergency program
by the Corps of Engineers to protect the vital food supply and the
quality of the waters.
Lake Superior, because of a drought in the Great Lakes watershed, has
seen the water level drop 8 inches in the past 3 years and will drop
another 2 inches this year with the beginning of the major shipping
season. It will be at nearly its lowest level in history. That has
meant that vessels carrying iron ore from the upper lakes to the lower
lakes steel mills have gone out 7,500 tons light.
It means two or three extra voyages per vessel per season, raising
the cost of iron ore, raising the cost of steel, affecting our
competitiveness. We have legislation, we have language in this
legislation that will direct the Corps to undertake an accelerated
dredging program making up for the 15 years they haven't done the
dredging because we have had high waters on the Great Lakes.
We authorize locks, improved extended locks on the Mississippi River
system, seven extended locks to take the 600-foot locks to make them
1,200-foot locks. A barge tow leaving Clinton, Iowa, round-trip to New
Orleans, back to Clinton, Iowa, takes 820 hours. New Orleans is the
world's most important grain export facility.
We can cut 60 hours off that round-trip by extending the locks at
1,200 feet so the tows that are 1,200 feet don't have to be broken in
half, sent through 600 feet at a time, lashed together, go through the
next lock and do it all over again. We are in a world competitive
market on which grain moves on as little as an eighth of a cent a
bushel. Every time you have to spend those extra hours going through
the locks, you are raising the cost of our commodities, which makes us
less competitive with, say, Brazil, which is mounting a massive soybean
export facility at Recife, which is 2,500 miles further out in the
Atlantic Ocean than New Orleans is.
We have legislation here, language in this legislation to deal with
the restoration of the Everglades, a matter of great interest to the
gentleman from Florida, for which he has been an eloquent advocate.
They are in a state of disrepair. The buffer to protect them from
storms is weak because of our inaction, and we are going to deal with
that issue, as well as the wetlands along the Gulf of Mexico from
Texas, Louisiana, Mississippi, Alabama, all the way on to Florida.
We are insistent on addressing the needs of the Everglades, the needs
of the Louisiana coastal region and in Louisiana, New Orleans area, the
Mississippi River gulf outlet, which allowed salt water intrusion to
come up from the gulf, kill the wetlands. It allowed the overtopping of
St. Bernard Parish. We have got to restore that wetland, and this
legislation will do that at the request and insistence of the Louisiana
delegation.
There are many other important features in this legislation. In all,
56 chiefs' reports, we had a request of over 1,500 projects. There are
over 700 projects in this legislation. More than 300 Members of the
House have a direct interest in the legislation. We welcome their
interest in this participation. We bring to this body a very critical
and supportable piece of legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, first of all, I would like to urge all Members of the
House on both sides of the aisle to support H.R. 1495, which is known
as the Water Resources Development Act of 2007.
As we have heard from the chairman, this bill authorizes and directs
the Corps of Engineers to carry out various studies, projects and
programs relating to navigation, flood damage reduction, shoreline
protection, dam safety, shoreline protection and recreation and
environmental restoration and protection.
Our subcommittee, led by Mr. Baker of Louisiana, held two days of
hearings on projects, programs and policies during the development of
this legislation. After a careful review, the committee was able to
approve the authorization of more than 50 projects with the chiefs'
reports relating to flood damage reduction, navigation, hurricane and
storm damage reduction, and environmental restoration.
We also have in this legislation, navigation and ecosystem
restoration projects for the upper Mississippi River. Illinois waterway
system, and Everglades restoration project, which I would like to talk
about in just a moment, and conserving and restoring the Louisiana
coastal area.
We have in the bill a provision for streamlining and expediting the
Corps of Engineers' project delivery and permits system. We have
provisions for improvement of the Corps of Engineers' planning and
project development process, including independent peer review of
larger and more controversial studies. We also have authorization of a
number of smaller project modifications, investigations, related to our
civil works programs of the Corps of Engineers. I think all in all we
have a good piece of legislation that we have worked on in a bipartisan
fashion, and you see the product before us today.
Now, I know the administration has issued a position opposing this
legislation. However, I want to talk to a couple of points that they
have raised. They do have a responsibility to be good trustees of the
public monies and
[[Page H3602]]
the difficult situation we find ourselves in financially.
But in this legislation between 3 and $4 billion would be typically
spent during a WRDA cycle or authorization process on this type of
legislation. We have not had a bill since the year 2000. So actually if
you do simple math on that, you can see that the total cost of this
bill in Federal dollars, $13.1 billion, is reasonable. The total cost
with the State participation is $17.8 billion. But we do, indeed, have
a backlog of projects over what would amount to at least three cycles.
So this WRDA bill, this authorization legislation, in fact, combines
the equivalent of all of those years of backlog of projects. The price
tag, in fact, is consistent with that assumption.
While this bill is considered costly by some, the 2005 WRDA
legislation contained almost 900 projects. That is another complaint of
the administration, too many projects. This bill contains 682 project
provisions. Not that Mr. Oberstar, myself, Ms. Johnson, Mr. Baker
haven't had Members throughout the Congress come to us and beg and
plead to have additional projects that are critical to their district
included in this legislation. I think we, too, have been good
custodians and responsible in crafting this legislation.
Let me say that the administration also raised some questions about
cost benefits. We have gone through this. Mr. Oberstar, myself, Mr.
Baker, Ms. Johnson, we have looked at cost benefits. We have done our
very best to ensure that the taxpayers' dollars again are well spent
and there is a good return for the investment that is being made here
by the Federal taxpayer.
So those are the reasons that I disagree with my administration on
this. I actively support this. I think we have done this in a very good
fashion.
Finally, I want to talk to some of the measures that are in the bill.
You have heard the chairman talk about some of the measures that are in
this bill. This bill is important to me, not only as a Member of
Congress, and I don't represent the Everglades, but I do represent the
State of Florida. It is interesting how it takes time to undo some of
the damage that mankind has done to our natural resources and national
treasures.
I have a copy of the Palm Beach Post, which I kept in a file, from
Sunday, April 11, 1993, irony, same month a number of years ago,
talking about the Everglades, reversing man's mistakes. I started
working on that along with the Clinton administration, Secretary
Babbitt. Hear is an article from July 4, 1994, about a $465 million
government industry agreement to start cleaning up the Everglades,
which had been damaged by man's abuse.
Here is another article I pulled from the news journal Daytona Beach
News-Journal that says: ``Representative John Mica and the other
Members of central Florida's House delegation are in a fortunate
position to finish the work the Senate started.'' This is the year
2000. Here we are in 2007.
Now, in 2000 we authorized a study. What is important about this bill
is we authorize for the first time projects that actually do
construction and work in restoring our precious national treasure, and
Florida's national environmental treasure, the Everglades.
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So that is one reason why I am excited about this piece of
legislation. It does take a long time and a lot of money.
Finally, I do want to also cite that I just inherited the
responsibility of the Transportation leader on the Republican side, and
I never realized how important these projects are to individual
Members. For example, not on our side of the aisle, but Ms. Matsui, a
Democrat Member, she has a project in here that would provide a 100-
year level of flood protection for the city of Sacramento. Almost a
million Americans live in the capital of California, more than twice
the population of the pre-Katrina New Orleans that today has only an
80-year level of flood protection. No other community in America of
this size has this little flood protection. This is a project important
to Ms. Matsui.
There are not Republican projects, there are not Democrat projects;
there are projects for the people that are important to their survival.
And we have seen the mistakes and the errors of our ways in Katrina.
Mr. Baker can speak to what he has gone through in Louisiana. We need
not repeat those errors.
So here we have in this legislation an opportunity to help her and
299 other districts. I wish it was 435. So it has been put together in
a bipartisan way.
And finally, on my effort, I tried to do it in a transparent way. All
of the Republican projects have been on file, open to the public, and
any of the earmarks, open to public and press scrutiny. So I have tried
to do it in a manner that restores public faith, because I would rather
have elected Members of Congress make those decisions, fight for them,
and have it done and conducted in a transparent fashion rather than
have some bureaucrat down there decide where the taxpayer money, which
they just paid in in huge amounts over the past week to Washington, get
expended. That is our responsibility, it is elected officials'
responsibility, not appointed bureaucrats who don't have the
responsibility we have under the Constitution.
So, again, I recognize my colleagues on the other side of the aisle,
Mr. Oberstar, Ms. Johnson and Mr. Baker. I also want to thank Mr.
Costello, who is no longer the Chair or the ranking member, and Mr.
Duncan, who was the Chair because this is an inherited work. Again,
several bills are combined that are long overdue. So I urge their
passage.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield myself 1 minute to express my
great appreciation again to the gentleman from Florida for his
thoughtful discussion. I join him in his statement on the
administration's statement of policy. I think they have it wrong, and
the gentleman stated it just right.
Over the past 6 years, if we had passed the water resources bill in a
timely fashion, it would have been in the range of $2 billion a year.
That is normal. So what we are dealing with is a huge, pent-up backlog.
Again, as the gentleman said, this is an investment in America, and
Members of Congress representing their constituents, their businesses,
their water resources, know what they need. They have come forward with
thoughtful recommendations, and this bill reflects those
recommendations.
We have served as a filter to weed out those in our best judgment
that did not measure up on cost-benefit analysis. So we have set a
standard for the future and we have, in accordance with the rules of
the House, made all of the Member projects available, and will continue
to do that.
I would like to acknowledge the splendid work of the Chair of the
Subcommittee on Water Resources, Ms. Eddie Bernice Johnson. She has
devoted years of her service in the Congress to consideration of water
resources vital to her State of Texas. She has taken ownership of these
issues and led the subcommittee hearings. Even this afternoon, she has
hearings going on in our committee room while she is here to help
manage the bill.
Mr. Chairman, I yield 5 minutes to the gentlewoman from Texas (Ms.
Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Thank you, Mr. Chairman.
I am pleased to rise to support H.R. 1495, the Water Resources
Development Act of 2007.
This bill authorizes water resources projects and the U.S. Army Corps
of Engineers policy and programmatic changes that our Congress has
failed to consider for far too long.
Water resources legislation is most effective when it is considered
biennially. I support this 2-year cycle, as it provides stability to
the program and assurance to the non-Federal sponsors who support Corps
projects.
When we let them go, they get to be more costly. And, unfortunately,
no water resources bill has been enacted since 2000, the entire term of
our current administration. This is a result, in part, of a failure of
the current administration to engage in this important legislation, as
well as a failure of the Congress to reach agreement.
Last year, we came very close to resolving our differences with the
other body in conference. However, we ultimately ran out of time. I
hope this legislation that we consider today can take us to that point
and further, releasing this backlog of authorizations to fix our
existing infrastructure and
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to authorize new flood control, navigation and environmental
restoration projects.
We are trying very hard to move a little ahead of the next flooding.
We must do that. And they are not going to kick out Democrats or
Republicans for flooding, it is going to be whoever is in the way. It
is purposeful that we have brought this bill to the floor as early as
we have in this session.
The authorizations in the language are time sensitive, and there
should be no surprise that this bill contains a substantial number of
provisions. Many of these authorizations have been waiting for action
more than 6 years.
Within the 110th Congress, the committee intends to move two water
resources bill. This first one contains a logjam of more than 6 years
of issues. The second bill will consider new projects and policy
changes that we were not able to add to this legislation, that we will
consider today. This approach may not be traditional, but it is
necessary.
Since Congress last passed a Water Resources Development Act, we have
seen Hurricanes Katrina and Rita tear up the gulf coast and my home
State of Texas, flooding cities, damaging economies and businesses, and
threatening public health.
The Florida Everglades continue to need attention and restoration to
save the unique treasures it brings to the State and our country.
This bill also contains smaller projects that may be less publicized
but just as vital to communities that rely on various water resources
for their livelihood.
As in the past, these projects were not considered on a partisan
basis, but on individual merit. Their approval should not be considered
solely on whether they are Democratic projects or Republican projects;
these are human projects. They should be considered on their
contributions to public safety and economics.
H.R. 1495 authorizes programmatic changes to the Corps of Engineers
that previously have passed the House, but have stalled in the failed
conference negotiations. During the 109th Congress we came close to
resolving these differences with the Senate. I urge my colleagues to
once again support these provisions. Everybody who has been here more
than 6 years ought to know what everything is in this bill because they
have seen it over and over and over again. We must engage the other
body and together produce the best package for Corps reform.
I would like to acknowledge Chairman Oberstar for his leadership and
eloquence in the Committee on Transportation and Infrastructure, as
well as the interest and expertise that he shares on water resources
issues.
I also would like to thank our ranking member, Mr. Mica, and the
ranking member of the subcommittee, Mr. Baker, for their knowledge and
effort and partnership with me, and for their support.
I strongly support this legislation. I hope and urge my colleagues to
vote in favor of its final passage. The time is now.
Mr. BAKER. Mr. Chairman, at this time I recognize a valued member of
the committee, Mr. Brown, for 2 minutes.
(Mr. BROWN of South Carolina asked and was given permission to revise
and extend his remarks.)
Mr. BROWN of South Carolina. I thank the gentleman for yielding me
this time.
Mr. Chairman, I rise in strong support of this critical legislation.
I want to thank so many on this committee for their hard work and long
dedication to this legislation, especially our chairman, Mr. Oberstar,
and our ranking member, Mr. Mica; and the subcommittee chairwoman, Ms.
Eddie Bernice Johnson, and Mr. Baker, the ranking member. I also thank
Mr. Duncan, the former chairman, and Mr. Costello, who is the ranking
member.
We have been working on this bill now for my term in Congress, and
this is my fourth term, and I am happy today we are here to present it
again.
One of the most important elements in this bill are reforms made to
the processes and procedures of the Army Corps. The infrastructure
needs of our Nation have never been at a higher level. We need to do
all we can to ensure that the limited dollars available are spent
wisely, and the reforms in this bill will give the Corps the tools to
make that happen.
In addition, the bill makes significant changes to the project
delivery process used by the Army Corps. The process the Corps has to
go through now to deliver a project are long and hard, to say the
least. This bill makes commonsense change to streamline that process to
help our communities.
Improving infrastructure is not a partisan issue, it is a commitment
we as a Nation must ensure is met. If we do not, then we as a Nation
will be facing significantly greater environmental and economic
challenges than we do currently.
In closing, I want to say again that I strongly support this
legislation and I am confident we will enact a bill this year. I also
want to thank my friends and colleagues on the committee as we all have
joined to invest so much effort into this particular legislation.
I am proud to stand with you in support of its passage.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer), an alumnus of the committee.
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's courtesy,
and I am proud of the time that I was able to work with you for 10
years on this subcommittee.
I rise in support of the bill. As was referenced by the Chair of the
committee and the subcommittee, this is an important and complex bill
with 682 projects. They are important economically. They are important
environmentally. We found out less than 2 years ago how critical they
are to the Nation. Hurricane Katrina revealed it can literally be a
matter of life or death.
This legislation has been hung up since the year 2000, in part
because of disagreements about the reform agenda with the Corps of
Engineers. I am pleased that we have signaled an effort to try and move
forward, to be able to break that impasse with this legislation, the
provisions in it and others that will follow.
I am also pleased to have an opportunity to offer an amendment to
update the principles and guidelines that would help the Corps move
even closer to developing environmentally, fiscally, and structurally
sound projects.
Let me be clear. The amendment will not impact any project currently
under way or anything covered in this legislation. It would simply tell
the Corps of Engineers to update their own principles and guidelines,
the playbook for developing water resources projects that are over 25
years old. The National Academy of Sciences has said they are woefully
out of date. And the Corps and the Congress' inability to update these
principles and guidelines is one of the reasons why the Corps has drawn
criticism from the Government Accountability Office, the National
Academy of Sciences, and the OMB, along with internal Pentagon reviews.
It is one of the reasons why we have had trouble passing WRDA in the
last 6 years and reconciling it with the Senate which has similar
provisions. It does not affect anything in the bill currently; and I
think it will be an opportunity for us not just passing the bill, but
it would be a reason for the President to sign it, given the problems
they have had.
I appreciate the hard work that has been done. I appreciate the
opportunity to speak in support of the bill, and look forward to having
support for the amendment for updating the principles and guidelines
later in the afternoon.
Mr. BAKER. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from West Virginia (Mrs. Capito), a valued member of the committee.
Mrs. CAPITO. Mr. Chairman, I rise in strong support for the
reauthorization of the Water Resources Development Act. I would like to
thank Chairman Oberstar, Ranking Member Mica, Subcommittee Chairman
Johnson and Ranking Member Baker for their hard work in getting this
legislation to the floor.
It has been too long since the water resources bill has become law,
and it is important that we continue to move this and make this
reauthorization a reality. Projects authorized in this bill are
critical to our national waterways transportation system that
businesses and industry in every State and congressional district rely
on to move their products.
[[Page H3604]]
In my State of West Virginia, a well-maintained system of navigable
waterways is crucial to moving coal from our mines to plants across the
country to power this Nation's economy. The bill addresses local needs.
I am pleased that this legislation recognizes the important water and
wastewater challenges in West Virginia by continuing the authorization
for the Central West Virginia Environmental Infrastructure Program.
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This program has provided access to clean water and wastewater
treatment to many rural West Virginians who otherwise would be without
these critical utilities. I am pleased that this Corps of Engineers
program will be able to continue assisting local public service
districts to address these important community needs.
I want to thank the committee for their hard work. I look forward to
the final passage and the President's signature on this bill.
Mr. OBERSTAR. Could the Chair advise the time remaining on both
sides.
The CHAIRMAN. The gentleman from Minnesota has 13 minutes remaining.
The gentleman from Louisiana has 17 minutes remaining.
Mr. OBERSTAR. Mr. Chairman, I yield 1\1/2\ minutes to the
distinguished gentleman from Colorado (Mr. Salazar).
Mr. SALAZAR. Mr. Chairman, I want to thank the gentleman from
Minnesota (Mr. Oberstar) for yielding, and I would like to recognize
him, as well as the ranking member, for the exceptional leadership on
this critical issue.
Mr. Chairman, I rise today in support of H.R. 1495, the Water
Resources Development Act of 2007. I urge the swift passage of the
measure. Passage of this bill is long overdue.
My communities are desperately waiting for infrastructure projects
which are of major importance to their districts.
My district includes hundreds of small communities that have narrow
economic and tax bases. Small communities like these often are unable
to address the significant infrastructure needs. Water infrastructure
is vital to the economy and stability of these small communities.
My rural communities rely on antiquated water systems, and they need
to be updated. Without the means to update old systems, many of our
constituents and communities nationwide have been living in substandard
conditions.
It is not only an environmental health issue. A lack of sufficient
water resources can effectively prevent the community from moving
forward with critical infrastructure, like additional housing for its
inhabitants.
This bill is an important and necessary step in protecting our
Nation's water infrastructure. Quite simply, Mr. Chairman, we cannot
afford not to pass this critical legislation.
I urge my colleagues to support this investment in water resource
development and conservation projects and the passage of this much-
needed bill.
Mr. BAKER. Mr. Chairman, at this time I would like to yield 2 minutes
to my distinguished colleague from Louisiana who has worked tirelessly
on assisting the people of the storm-stricken area, Dr. Boustany.
Mr. BOUSTANY. Mr. Chairman, I want to thank my colleague from
Louisiana for yielding time.
Mr. Chairman, I rise in support of this bill. WRDA reauthorization is
long overdue, and it is vital that we pass H.R. 1495 and get a bill
signed into law this year.
WRDA authorizes nearly $2.1 billion for the Louisiana coastal area,
and it will allow the Army Corps of Engineers to move forward on many
critical coastal restoration and hurricane protection projects
statewide.
I also want to thank Chairman Oberstar for accepting my amendment in
committee to add projects identified in the Southwest Louisiana Coastal
Hurricane Storm and Reduction Study to the list of priority projects
and projects to be expedited under this bill. Thank you, Mr. Chairman.
This study is the first comprehensive assessment of hurricane and
flood protection needs of southwest Louisiana. The Corps has nearly
completed the reconnaissance phase, and I anticipate that we will enter
into an agreement with the State to proceed with the feasibility phase
in the near future.
It is important that we expedite these projects, not only for
southwest Louisiana, but for the entire Nation because in southwest
Louisiana our waterways protect much of the vital and necessary energy
infrastructure that keeps this country running.
We have one of the largest strategic petroleum reserves in my
district that is affected here. Also, the Henry Hub, which is where
pricing is set for natural gas for the country, is in my district. And
it was actually flooded in Hurricane Rita.
And nearly 25 percent of the liquefied natural gas will run through
my district by 2015.
These waterways and coastal wetlands are far more than just
commercial routes or playgrounds. They are a critical buffer to protect
homes, business and our energy infrastructure and our way of life in
Louisiana. What we are talking about is America's energy coast, a
working coast.
So I urge my colleagues to support this bill.
Mr. BAKER. Mr. Chairman, at this time I would like to recognize a
Member who has expressed interest in this subject matter, Mr. Hulshof,
for 2\1/2\ minutes.
(Mr. HULSHOF asked and was given permission to revise and extend his
remarks.)
Mr. HULSHOF. Mr. Chairman, I rise in support of H.R. 1495. I grew up
in the shadow of levees along the Mississippi River in southeast
Missouri. And while the river, at times destructive, the river has been
a provider for me and my family, delivering the grain from our farm to
international markets.
And I will tell you, as the gentleman from Minnesota has stated, the
nickels and dimes that we saved by shipping via barge were often the
difference between our farm ending up in the red or ending up in the
black. Those few cents have helped keep food on our table; clothes on
our back; and, over the years, kept our farm even within our own
family.
Title VIII of the legislation, lock modernization, will insure that
farmers in northeast Missouri and farmers in Iowa and Illinois,
Minnesota, Wisconsin and elsewhere will continue to have the same
benefit that my family had, the ability to ship crops to international
markets via the most cost-effective method.
I will tell you that a recent study by the Food and Ag Policy
Research Institute, FAPRI, found that if the Mississippi River and
Illinois waterways were forced to close, possibly because of a massive
lock failure, that farmers, our own U.S. farmers, would lose between
$645 million and $806 million a year, a year in increased
transportation costs. We experienced a glimpse of that in the aftermath
of Hurricane Katrina when the river was shut down, navigation was shut
down for a short time during the fall of 2005. Farmers endured a 60-
cent-per-bushel penalty on a bushel of corn during that critical time
in September of 2005. And a massive failure, unfortunately, is a
distinct possibility.
These locks are standing just out of habit, or as my constituent,
Senator Kit Bond, is fond of saying, ``These locks belong in the
National Register of Historic Locations.'' They were built in the 1930s
to accommodate steamboats for the next 50 years. As the gentleman
pointed out, these locks are no longer navigation aids, but hindrances.
They are 600 feet long. The modern barge is close to 1,200 feet, often
three across and five long.
What I want to emphasize again to my friend from Oregon who spoke,
and others, these locks benefit the American public in other ways. The
typical tow removes 870 18-wheel tractor trailer trucks from our
already congested roads, bridges, and interstate highways. A gallon of
diesel fuel will push one ton of freight 2\1/2\ times further by barge
than by locomotive; nine times farther than by truck. Moreover,
according to the Environmental Protection Agency, towboats emit 35 to
60 percent fewer pollutants than locomotives or trucks. All in all, all
worthy.
I urge its support.
Mr. OBERSTAR. Mr. Chairman, I yield myself 1\3/4\ minutes, and I
yield to the gentleman from Wisconsin.
Mr. KAGEN. Mr. Chairman, in the last Congress the House approved a
[[Page H3605]]
water resources bill that included language to modify the navigation
channel for the Fox River in Wisconsin. This provision, which was
inserted by my predecessor, would have modified part of the
navigational channel from 150 feet wide to 75 feet and from an
authorized depth of 18 feet to 6 feet. However, the Congress adjourned
and the work never was completed.
This year I requested that this language not be included in the water
resources bill because of my concern that it might impair the
navigability of the Fox River and the potential for future commerce. It
is my understanding that a 9-foot authorization depth is considered the
minimal depth for a navigational channel to safely handle barge
traffic.
I would like to work with the Congress, with the chairman in
conference to ensure that whatever language is included in the
conference agreement, it will not adversely impact the navigability of
the Fox River and will accomplish the goals of a safe cleanup of the
Fox River.
Mr. OBERSTAR. I thank the gentleman for his leadership on this issue.
The question of the Fox River has been on the agenda of the committee
for over 20 years.
And the gentleman has stated the issue very well: that 6-foot channel
depth is simply not viable for today's barge traffic.
And there is also the issue of PCB contamination in the lower Fox
River. The gentleman has shown real foresight in dealing with the issue
both of navigation and of cleanup. So the Superfund really ought to
deal with this problem. It is not going to. We are going to be vigilant
on the matter. If there is an opportunity in conference to address the
issue in an appropriate manner, we will do that. If not, we will do it
in a subsequent water resources bill. And I look forward to coming to
Green Bay to see the gentleman's district and the lower Fox River.
Mr. BAKER. Mr. Chairman, at this time I would like to yield 2 minutes
to a gentleman who is a former chairman of the Water Resources
Subcommittee and who put an enormous amount of work into the product on
the House floor today, Mr. Duncan.
Mr. DUNCAN. Mr. Chairman, I first want to commend Chairman Oberstar,
Ranking Member Mica, Chairwoman Johnson, with whom I spent so many
hours. She was my ranking member during the entire 6 years that I had
the privilege of chairing the Water Resources and Environment, or
during part of the time that I chaired the Water Resources and
Environment Subcommittee, and such a good friend, and Ranking Member
Baker, for bringing this bill to the floor today and for their good and
hard work on this legislation. And I urge its support.
This is a very conservative bill, Mr. Chairman. It is a bill that
passed this House with only eight dissenting votes a few years ago and
then later only 14 dissenting votes. The bill passed with over 400
votes in favor of it each time in the House. We did our work, but then
it got held up in the other body.
Some people say that these projects should be paid for entirely on a
local basis. But I can tell you there is a very important Federal role
in regard to our water resources because people in California or New
York or Michigan use the water in Tennessee. And people expect us to
have a good wastewater and clean water system in this country. And yet
it is something that people take for granted probably more than
anything else that I can think of. And we have got to improve and
strengthen our water resource system in this country.
Over the last few years, we have spent many billions on the water
system, our wastewater and clean water systems in Iraq. But we have
fallen down at the Federal level on what we are doing on our wastewater
and clean water systems in this country. And most of the spending has
been done by the State and local governments and particularly by the
ratepayers. And so this is a very necessary, very overdue bill, as many
have pointed out. And I urge support for this legislation.
Mr. OBERSTAR. Mr. Chairman, I yield to the distinguished gentleman
from Florida (Mr. Mahoney) 1\1/2\ minutes.
Mr. MAHONEY of Florida. Mr. Chairman, I rise today in strong support
of H.R. 1495, the Water Resources Development Act of 2007.
Seven years ago Congress, in the spirit of bipartisanship, had the
wisdom to protect for future generations one of America's most precious
natural areas, the Everglades, by authorizing the largest environmental
restoration project in our Nation's history, the Comprehensive
Everglades Restoration Plan (CERP).
This ambitious plan consists of over 40 projects that, when
completed, would restore much of the Everglades. The plan, from its
inception, was a joint venture, an equal partnership with the people of
my State of Florida to share in the costs.
I am sorry to say that Washington has failed to honor its word and
live up to its commitment. In fact, to the shame of the Republican-
controlled Congress and the current administration, not a single WRDA
bill has been passed since 2000. Not a single penny spent.
I am proud to say that during this same period of time, Florida has
spent over $2 billion to get CERP going. In fact, this is so important
in my district that the good people from Martin County voted to
increase their taxes to help pay.
In my 16th Congressional District we are going to get the opportunity
to restore the Indian River Lagoon.
Stuart, Florida, which straddles the lagoon, is the sailfish capital
of the world and was built on tourism based on its world-renowned
fishing. I have seen the black and white photos of wagons overflowing
with fish. I have seen the photos of kids swimming in the lagoon.
It is time to quit talking about fixing it. It is time for our kids
to go fishing. It is time for this Congress to have the courage and
leadership to pass H.R. 1495.
Mr. BAKER. Mr. Chairman, at this time I would yield 1 minute to Mrs.
Biggert.
Mrs. BIGGERT. Mr. Chairman, I rise in strong support of H.R. 1495. My
district in Illinois represents the front line in the fight to keep the
Asian carp from decimating the ecosystem of the Great Lakes and
endangering a multi-million dollar commercial fishing industry.
{time} 1700
Competing with native species for food, living space, and spawning
areas, these voracious fish grow to between 50 and 150 pounds, eat up
to 40 percent of their body weight every day, and each female can carry
up to a million eggs.
The bill before us today will enable the Army Corps of Engineers to
fortify its aquatic and invasive species dispersal barrier, an
invisible, underwater, electric fence on the Chicago Ship and Sanitary
Canal in Illinois that repulses fish like the Asian carp.
That is why I rise today, to thank Chairman Oberstar and Ranking
Member Mica, as well as Subcommittee Chairman Johnson and Ranking
Member Baker, for recognizing the continuing threat of the Asian carp
and including provisions in this bill to protect the Great Lakes. Our
Great Lakes are too important just to leave them vulnerable to invasive
species like the Asian carp.
Mr. OBERSTAR. Mr. Chairman, I yield 1\1/2\ minutes to the
distinguished gentleman from Missouri (Mr. Carnahan).
Mr. CARNAHAN. Mr. Chairman, I rise as a strong supporter and
cosponsor of this Water Resources Development Act of 2007.
This new Democratic Congress has made reauthorizing WRDA a top
priority. I thank Chairman Oberstar and Subcommittee Chairwoman Johnson
for their work in quickly moving this bill of national significance to
help protect America's waterways.
These projects are vital to my home State of Missouri. Our local
economy is driven by use of such important routes as the Mississippi,
Missouri, and Illinois Rivers. Commerce on these rivers will be greatly
benefited by this bill's strong commitment to repair current locks and
reconstruct new locks on the Mississippi River.
As a member of the Subcommittee on Water Resources and Environment, I
have fought on behalf of my constituents to secure new levels of
funding to help throughout our region. In particular, the bill
authorizes $35 million for combined sewer overflow elimination in St.
Louis. Some of our wastewater infrastructure dates back to the Lincoln
administration.
[[Page H3606]]
The great flood of 1993 exposed serious flaws in the St. Louis flood
wall. This bill addresses that.
Lastly, this bill continues the exciting progress of the Great Rivers
Greenway in St. Louis City and County. By creating an aquatic ecosystem
restoration, constructing bike paths, and increasing access to the
Mississippi River, my constituents will gain more use of one of our
national treasures.
These projects are important to the strength of our community and the
health of our waterways. I stand in strong support of H.R. 1495.
Mr. BAKER. Mr. Chairman, at this time I would like to yield 3 minutes
to the gentlewoman from California (Mrs. Bono).
Mrs. BONO. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I rise today to offer my concerns regarding a provision
that was not included in this legislation, yet it is of significant
importance to all of southern California. My concerns pertain to the
importance of addressing the issues associated with the Salton Sea in
southern California, which is California's largest lake.
This body of water is significant not only because of its role in
becoming an economic engine for the future, but also because of the
impacts that will be felt in our local economy and environment if
action is not taken.
In order to address the problems associated with the Salton Sea, I
have worked to include moneys within WRDA in prior congressional
sessions. My goal is that moneys can be included to fund pilot projects
in my district that would begin the proper steps to restore the sea.
To meet this need, yesterday I offered an amendment in the Rules
Committee that would provide $26 million for the restoration projects.
Unfortunately, today we do not have the chance to vote on this
important funding.
It is important to note that my amendment would have directly
mirrored language that was included in the final version of the WRDA
legislation in the 109th Congress, H.R. 2864. At that time, displaying
the bipartisan nature of this proposal, both the chairman and the
ranking member, and now chairman, Mr. Oberstar, agreed that this
language was important and worthy of inclusion.
The support of the Senate remains consistent with their approval in
conference of this project last year and its recent inclusion in their
WRDA legislation reported from the Environment and Public Works
Committee just a few weeks ago. I am grateful that we have the support
from the other body on a Salton Sea provision.
The time is right to act, as the State of California is on the verge
of determining a plan that will permanently save the Salton Sea. The
status quo, Mr. Chairman, is simply not an option. Massive yearly fish
die and the potential for the deterioration in local air quality due to
blowing sediments are a very serious reality. These problems will
likely only worsen in the future, depending on the actions the State of
California and our Federal Government take.
I now yield to the gentleman from Florida in the hopes of entering
into a colloquy.
Mr. MICA. Mr. Chairman, I thank the gentlewoman for yielding.
First of all, I know, Mrs. Bono, that you have worked tirelessly on
behalf of restoration of the Salton Sea project. Only through a
technicality in our agreement for moving forward with this legislation
has your Bono Salton Sea restoration provision been left from this
bill. But you have my assurance that you will have top priority for
consideration for the conference on something you have worked year
after year and so hard for. So before this gets to the President's
desk, you have my assurance that it will be part of the President's
bill, if we have a bill.
Mrs. BONO. Mr. Chairman, reclaiming my time, I thank the gentleman.
And I just want to reiterate that since my coming to Congress, I took
over this issue actually from my late husband, Sonny Bono, and we did
pass the Sonny Bono Memorial Act in 1998. I thank the gentleman very
much for his understanding of how important this is and southern
California's willingness to help me as we move forward in conference.
Mr. OBERSTAR. Mr. Chairman, will the gentlewoman yield?
Mrs. BONO. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I concur in the remarks of the
distinguished ranking member, and we are committed to working together
either in conference or subsequently in resolving this matter.
Mr. Chairman, I yield 1\1/2\ minutes to the distinguished gentleman
from Maine (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I rise in strong support of H.R. 1495, the
Water Resources Development Act.
In particular, I want to call attention to section 3065 and to thank
Chairman Oberstar and the Chair of the subcommittee, Ms. Johnson, for
their support of the city of Saco, Maine.
Section 3065 authorizes construction of modifications to an Army
Corps of Engineers jetty at the mouth of the Saco River in the Camp
Ellis neighborhood of Saco. The Corps built the jetty more than 130
years ago and subsequently has lengthened, smoothed, and raised it.
Unfortunately, the jetty is destroying the Camp Ellis neighborhood by
contributing to what the Maine State geologist has called the worst
coastal erosion in the State. Thirty-eight homes have been lost to the
sea. Currently, homes that were once six rows back from the shoreline
are in danger of being destroyed. During winter nor'easter storms, one
part of Camp Ellis often becomes an island.
These dangerous conditions are caused by a structure erected,
improved, and maintained by the United States Government. For that
reason I believe that the Federal Government must act to alleviate the
problem. Section 3065 funds a spur jetty and a series of breakwaters
that will diminish the force of wave action on the beach. For the past
7 years, I have been actively involved with Federal, State, and local
officials, as well as with Camp Ellis residents, all dedicated to
fixing the Camp Ellis erosion problem.
Passage of WRDA could not be more timely. On Monday I was there in
the middle of the storm surge, and during this week's nor'easter, Camp
Ellis lost at least two homes to the sea. If the proposed modifications
to the jetty had been made, these homes would not have been destroyed.
I urge passage of this bill.
Mr. BAKER. Mr. Chairman, at this time I yield 2 minutes to my
distinguished colleague from Louisiana (Mr. Jindal).
Mr. JINDAL. Mr. Chairman, I want to thank Chairman Oberstar,
Chairwoman Johnson, and Ranking Members Mica and Baker for their
excellent work on H.R. 1495.
This legislation is critical to the entire country, but for Louisiana
in particular it provides much-needed authority and direction for the
U.S. Army Corps of Engineers to design and construct a comprehensive
hurricane, flood, and coastal protection program safeguarding hundreds
of thousands of lives and tens of billions of dollars in industry and
infrastructure vital to our Nation's economy.
WRDA specifically allocates approximately $1.2 billion for actions to
restore Louisiana's coastal wetlands over the next decade, including a
plan for the closure and environmental restoration of the MRGO, the
Inner Harbor Navigational Canal Lock, other projects like the Ouachita
River levees and the Red River basin and several other projects
throughout the State.
Among the critical projects included in the WRDA bill is the Morganza
to the Gulf Hurricane Protection project. This project is the best
solution to protecting exposed areas in the bayou region of Louisiana.
I am very pleased that the administration softened its stance on
Morganza to the Gulf, which will provide essential hurricane
protections to those in Terrebonne and Lafourche Parishes. When
complete, this project will provide category 3 protection for 200,000
citizens and approximately $8 billion of public and private
infrastructure.
Though I certainly would have preferred an unqualified endorsement
for Morganza to the Gulf from the administration, I look forward to
working with my colleagues in the House to ensure that Morganza and
other important projects remain intact in the final bill. I urge my
colleagues to support H.R. 1495.
[[Page H3607]]
I want to thank again the chairman, and ranking member, Mr. Baker, in
particular, for their work on this bill.
Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to
the distinguished gentleman from Illinois (Mr. Costello), former
ranking member of the subcommittee, who devoted an enormous amount of
his time, along with Mr. Duncan, in shaping this bill in the previous
Congress and now leads us on aviation as the chairman of the Aviation
Subcommittee.
Mr. COSTELLO. Mr. Chairman, I thank Chairman Oberstar for yielding
time to me.
Mr. Chairman, today we are considering the Water Resources
Development Act of 2007. This bill addresses what the Congress has
failed to do in previous years, enact a WRDA bill that addresses the
critical infrastructure needs of our country.
I would like to thank Chairman Oberstar, Chairwoman Johnson, Mr.
Mica, Mr. Baker, and the former chairman of the subcommittee, Mr.
Duncan, for a job well done in bringing this bill to the floor today.
Without their leadership and their persistence, we would not have a
bill here to consider on the floor.
H.R. 1495 authorizes projects for major flood control, navigation,
environmental restoration, and other water projects and authorizes
several important projects to restore and enhance the Nation's
environmental infrastructure.
The United States transportation system has an extensive system of
highways, ports, locks and dams, and airports. Yet we continue to
neglect upgrading and modernizing our infrastructure. We should not
build our infrastructure and then walk away from it without maintaining
and modernizing it as it becomes antiquated, like we have done with the
Upper Mississippi and the Illinois Waterways lock and dam system.
In H.R. 1495 we are again authorizing the Upper Mississippi and
Illinois Waterways system. This bill authorizes the replacement of 600-
foot navigation locks with seven new 1,200-foot locks. In addition, the
bill authorizes the largest environmental restoration program next to
the Florida Everglades project to ensure that the project goes forward
while respecting the environment and minimizing any adverse impact.
Our current system loses about 10 percent of its capacity due to the
system failure and breakdowns because it has exceeded its life
expectancy by over 20 years. The system cannot handle today's traffic
in an efficient, cost-effective manner, and it is costing taxpayers
tens of millions of dollars to patch it together, let alone the cost in
time and money to the users. Modernizing that infrastructure is the
right thing to do. It is a necessity, and I am glad to see that this
bill is moving forward on such a significant project to our economy and
our commerce.
Mr. Chairman, again I salute Chairman Oberstar, Chairwoman Johnson,
Mr. Mica, Mr. Baker, and Mr. Duncan for their leadership and hard work.
And I strongly support this legislation and urge my colleagues to
support it.
Mr. BAKER. Mr. Chairman, at this time I yield 1 minute to the
gentlewoman from Ohio (Mrs. Schmidt).
(Mrs. SCHMIDT asked and was given permission to revise and extend her
remarks.)
Mrs. SCHMIDT. Mr. Chairman, I rise today in support of this
legislation because it is long overdue. Seven years is a long time and
much has changed.
This bill includes language important to my own district, but more
importantly, it has national importance. We need this legislation to
authorize new Army Corps of Engineer water infrastructure studies and
projects. And it is not just about new projects, but how the Corps
manages them, and for Congress to have an opportunity to exercise its
oversight authority over current and future projects. This legislation
is long overdue.
I want to commend our committee leadership on both sides for working
in a bipartisan fashion to move this so quickly. I thank everyone for
their hard work, and I look forward to voting for this this evening.
{time} 1715
Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Hare).
Mr. HARE. I thank the gentleman for yielding.
Mr. Chairman, I rise today in strong support of the Water Resources
Development Act of 2007.
This bill authorizes important long-overdue flood control, dam safety
and environmental restoration projects. In my district, the Great Flood
of 1993 took the lives of 47 people and resulted in over $15 billion in
catastrophic damages throughout much of the Mississippi River basin. I
support this bill for the safety of my constituents.
Additionally, over 50 percent of our locks and dams have aged beyond
their life cycle, and they are crumbling. WRDA authorizes repair of
these structures and includes critical provisions to modernize seven
new locks and dams on the upper Mississippi and Illinois Rivers. These
improvement will expand navigation capacity, reduce shipping delays,
and accommodate larger barge tows, which is critical for the $12
billion worth of products that the river transports ever year, as well
as the agriculture, commercial and labor interests of my State of
Illinois.
This bill includes a much-needed program to restore the upper
Mississippi River ecosystem and authorizes completion of the Emiquon
Wildlife Preserve in my district. This preserve is one of the largest
flood plain restoration projects in the country outside the Florida
Everglades, and I am proud to have sponsored its inclusion in this bill
today.
I urge my colleagues to support the Water Resources Development Act.
By improving our water resources infrastructure, we will make our river
communities safer and strengthen our Nation's economy and environmental
welfare.
Mr. BAKER. Mr. Chairman, I claim the remainder of our time.
I want to express my appreciation to Chairman Oberstar, Chairman
Johnson and of course my ranking member, Mr. Mica, for their very
diligent and hard work; more specifically, for the time spent in the
great State of Louisiana after the landfall of Hurricane Katrina. The
committee has come down, Members often more than once, to observe for
themselves the damage that has been caused by this unbelievable natural
catastrophe.
The bill under consideration today will begin an enormous and
monumental project for the restoration of coastal Louisiana. It is not
just about keeping people with the ability to live on the water's edge;
it is giving the ability to stop the storm surge coming inland and
bringing about the type of devastation that we have painfully
experienced again.
This legislation is a landmark, certainly for the traditional
reasons. Many Members have interests in projects for economic
development reasons, for control of public water systems, for enhancing
water runoff and minimizing agricultural and other sources of
contamination to our water systems. But this bill is really important
for maintenance of life and quality of life in our State, and it will
begin the meaningful restoration of what is a tremendous natural asset,
coastal Louisiana.
I would emphasize what has already been stated repeatedly: this is a
process resulting in over 600 projects which has come about over a 6-
year period. And so it is my deepest hope that this House will this
evening favorably adopt 1495, that the Senate will work expeditiously
with us in moving forward, and that the administration will find a way
to sign this important jobs bill into law.
$13.1 billion is a lot of money, and when coupled with the local
matched dollars which are required, it will be a significant shot in
the economic arm for the construction industry across this country. So
I am most appreciative of the opportunity to have participated in this
process.
I am grateful to my Democratic colleagues for their kind and hard
work on this subject and listening to the people of Louisiana in their
hour of need. For that we are and will always be most appreciative.
Mr. Chairman, I yield back the balance of my time.
Mr. OBERSTAR. Mr. Chairman, how much time do we have remaining on our
side?
The CHAIRMAN. The gentleman from Minnesota has 1\1/2\ minutes
remaining.
[[Page H3608]]
Mr. OBERSTAR. There is an old saying among seafarers: ``No helmsman
is tested in fair water.'' The gentleman from Louisiana was tested in
the aftermath of Katrina, and I saw him at the helm in Baton Rouge when
our committee made a tour of the devastation wreaked by Hurricane
Katrina. I was impressed then and continue to be by his composure, his
grasp of facts, grasp of the magnitude of the problem, and his
willingness to address the issues in a coordinated and bipartisan
manner. I salute him for his continued leadership and service not only
to the State, but to the Nation.
Again, I express my appreciation to the gentleman from Florida (Mr.
Mica) for similarly taking the helm in a time of turbulence when we had
this work of 6 years thrust upon us, trying to sort it out, do the
right thing and serve our Members, their districts, and our Nation at
the same time and measure each project against the yardstick of balance
that has historically guided the Corps of Engineers and guided the work
of this committee, and I think we have come here with a good product.
And I especially appreciate, once again, the splendid work of the
gentlewoman from Texas, Ms. Johnson, who is the Chair of the
subcommittee and who has put her heart and soul into seeing this bill
move forward.
Ms. ROYBAL-ALLARD. Mr. Chairman, I rise to support H.R. 1495, the
Water Resources Development Act of 2007. This bill, which authorizes
water projects through the Army Corps of Engineers, is essential to
maintaining and improving our Nation's vital water resources and
infrastructure.
This bill is long overdue. Congress has been unable to enact a
comprehensive WRDA bill since the year 2000. Without Federal resources
authorized in this bill, critical projects needed to sustain and
protect America's water needs into the future have been stalled. I
commend Chairman Oberstar for his leadership and steadfast commitment
to this vital issue. I thank his hardworking staff, who worked long
hours to complete this bill, which is a top priority of our new
Democratic Congress.
As a representative from southern California where water is a scare
and precious resource, I appreciate the distinguished Chairman's
efforts to put forth a bill that advances essential water resource
infrastructure projects in the region.
I am particularly pleased that this legislation includes an historic
authorization for revitalization efforts along the Los Angeles River.
The $20 million authorization contained within the bill will mark a
significant Federal commitment to transforming the LA River from an
unsightly concrete flood control channel into green space that will
promote badly needed recreation, housing and job creation
opportunities. In addition, the legislation will enable the Army Corps
of Engineers to develop a plan to improve water quality, restore
historic habitats, and enhance the river's flood protection function.
For years, I have worked with my colleagues from Los Angeles to
obtain Federal funding for studies on promising revitalization projects
along the River. Our efforts have secured over $3 million for studies
at various sites, including the Cornfields site in downtown Los
Angeles. With the inclusion of the LA River projects in the WRDA
authorization, the Army Corps of Engineers can begin to break ground on
these revitalization activities.
I want to take this opportunity to recognize my local community and
public officials who have worked tirelessly to make the Los Angeles
River revitalization project a success. The LA River revitalization
plan reflects the vision of City Councilman Ed Reyes, who for many
years has led the effort at the local level. I commend him for his
commitment to enhancing the quality of life for the communities along
the River and for all Angelenos.
I also applaud the strong support of Mayor Antonio Villaraigosa and
the local stakeholders who continue to explore ways to convert the land
adjacent to the Los Angeles River into parks, housing, and economic
opportunities for our local communities.
The passage of WRDA with the LA River revitalization project will
continue an exciting alliance between the federal government, the City
of Los Angeles and Los Angeles County. We have worked in particular to
enrich the lives of the many families who live in the communities along
the River and to enhance opportunities for economic development
associated with revitalization.
I look forward to continuing to work with my colleagues to build upon
this exciting opportunity to transform the LA River from an unsightly
and environmentally void industrial space to a communal recreational
space in which all Angelenos can take pride.
I thank the Committee for its hard work and urge my colleagues to
support this important legislationy.
Mr. LEVIN. Mr. Chairman, I rise in strong support of the Water
Resources Development Act and urge its passage by the House. I want to
compliment Chairman Oberstar and the Transportation and Infrastructure
Committee for making early passage of this legislation a priority. The
last Water Resources bill was signed into law over 6 years ago by
President Clinton. It is Congress' job to renew this law every 2 years,
but for whatever reason, we have been unable to reach agreement with
the other body and get a final bill to the President for his signature.
The Nation's water and environmental infrastructure problems won't
wait forever. We need to overcome our past differences and move this
bill to upgrade and modernize our Federal programs relating to
navigation, flood damage reduction, shoreline protection, dam safety,
water supply, recreation, and environmental restoration.
I want to express my thanks to Chairman Oberstar for including a
project I requested to authorize Federal funding to implement
restoration projects in Lake St. Clair. In the past, Lake St. Clair has
been described as ``the forgotten lake.'' No longer. Today, many of my
constituents refer to Lake St. Clair as the ``Heart of the Great
Lakes.'' We need to protect and restore it. Lake St. Clair is not the
largest body of water in the Great Lakes System, but it is absolutely
one of the most heavily used portions of the Lakes in terms of fishing,
boating and drinking water.
Two years ago, the Corps of Engineers completed a comprehensive
management plan for Lake St. Clair and the St. Clair River. Congress
paid for this plan. The recommendations contained in the management
plan will help shape Lake St. Clair's future, but only if they are
implemented. Having come this far, we can't let the report and its
recommendations become another study that sits on a shelf and gathers
dust. Everyone, including the federal government, has to step forward
and take responsibility for turning these recommendations into action.
Again, I support the bill before the House and urge its adoption.
Mr. KIND. Mr. Chairman, I rise in strong support of this bill that
will finally move forward important construction, navigation, and
ecosystem restoration projects along the Mississippi River, Great
Lakes, and elsewhere. In particular, H.R. 1495 will authorize the corps
of engineers' sustainability plan for the upper Mississippi River.
On the eve of Earth Day, founded by the great Senator from Wisconsin
Gaylord Nelson, what better gift to the people of the upper Mississippi
River basin than the largest ever investment in ecosystem restoration
in the river's history? This bill will have a tremendous impact on
water quality, wildlife habitat, and recreation in the upper
Mississippi River region.
Reauthorization of the Water Resources Development Act has been a
long time coming, and it has seen some improvement over the years. The
current bill, for instance, includes an important provision, that I
included, requiring that construction and restoration projects on the
upper Mississippi achieve equal progress so that construction and
navigation improvements do not degrade the river ecosystem. The WRDA
bill of 1986 established the upper Mississippi River system as the only
waterbody in the Nation recognized by Congress as both a ``nationally
significant ecosystem and a nationally significant commercial
navigation system,'' so it is important that the needs of these two
aspects of the river are met in tandem.
The Bush administration also has recognized the ecological importance
of the basin by making the upper Mississippi River Basin environmental
management program a priority project in the corps budget. A relatively
modest program with authorized funding of $33.5 million, the EMP has
demonstrated remarkable results in restoring river habitats all along
my congressional district in western Wisconsin and beyond. And its
long-term resource monitoring program has produced invaluable data and
knowledge.
Mr. Chairman, it is especially fitting that we pass this bill today
in light of the 20th anniversary that EMP celebrated last year. This
bill, H.R. 1495, and the accompanying manager's amendment contain
language assuring that the navigation and ecosystem sustainability plan
will continue the EMP's mission, including long-term resource
monitoring.
But this bill will address long-standing needs well beyond the upper
Mississippi. This country's water resources infrastructure was largely
constructed 70 or more years ago, and much of it has fallen into
various states of disrepair and neglect. Hurricane Katrina so clearly
demonstrated to the world the consequences of this lack of attention.
Reauthorization of WRDA is a necessary first step in meeting the needs
of our citizens, industry, and environment.
I urge all of my colleagues to join me in support of this vital
legislation so that residents of low-lying areas can be reassured that
[[Page H3609]]
the levees that protect them will be made adequate, so that farmers
will know they will be able to ship their grain downriver to be
exported to foreign markets, and hunters, anglers, and birdwatchers
will know that the habitat they know and love will be maintained.
Mr. BISHOP of New York. Mr. Chairman, I would like to thank Chairman
Oberstar and Ranking Member Mica, as well as Subcommittee Chairwoman
Johnson and Ranking Member Baker for their hard work and leadership on
this important legislation--the first water improvement and
conservation package in seven years.
Following several earlier impasses, I want to take this opportunity
to commend the spirit of bipartisanship and compromise on this
important measure. I hope it extends to a bicameral bipartisanship in
the weeks to come.
This bill benefits all Americans and their families who use and enjoy
our Nation's waterways, public beaches--including over 300 miles of
coastline along my district--and for U.S. businesses that depend on
healthy and viable waterways throughout the country.
My district benefits from the good work that the Army Corps of
Engineers does for coastal communities by helping small towns deal with
multiple concerns ranging from erosion to longstanding environmental
challenges. The Corps is currently working on several projects on
eastern Long Island that will dredge inlets, restore damaged
ecosystems, and study coastal health.
In addition, H.R. 1495 will go a long way toward supplying the Corps
with all the resources it needs to protect coastal communities and
vacationers by modernizing project planning and approval.
Mr. Chairman, I thank the Chairman and Ranking Member again for their
hard work on this issue, and I look forward to working with my
colleagues to make sure that we get a WRDA bill to the President as
soon as we can. We simply cannot afford to let another year go by
without passing this legislation.
Mr. EMANUEL. Mr. Chairman, I rise today in strong support of H.R.
1945, the Water Resources Development Act (WRDA). As the Democratic
Majority begins our second 100 days, we are continuing to move America
forward, and WRDA does just that.
This bill will help commerce by improving navigation on waterways and
making it easier to bring products to market. This bill will invest in
our future by modernizing the locks and dams on the Mississippi River
and elsewhere. This bill will protect the Great Lakes by finally making
the Asian Carp barrier permanent. This bill invests in rural and urban
America alike by renewing our commitment to protecting the environment
and the economy.
The Water Resources Development Act is a good bill that has been
written in a bipartisan process to address the needs of the whole
country, but there are two parts of the bill in particular that I am
especially proud are included.
The locks on the Mississippi River and Illinois Waterways are in need
of repair, and WRDA finally addresses the long overdue need for lock
modernization. Navigation in the upper Mississippi supports more than
400,000 jobs and 90,000 high-paying manufacturing jobs, and passage of
WRDA will create more jobs in the region. Every year, shipping in the
upper Mississippi River adds up to about $1.2 billion to our economy.
Modernizing the locks will go a long way to ensuring the livelihoods of
the men and women that rely on these waterways.
Another project in WRDA that is critical to the Great Lakes and
important to all of Chicago is the Asian Carp barrier. As the residents
of the Fifth Congressional District know, invasive species pose a
severe threat to Lake Michigan, capable of billions of dollars in
economic losses and inestimable environmental damage.
The Asian Carp in particular has affected Great Lakes fisheries, and
I have been working with my Great Lakes colleagues in making sure that
this barrier is funded and operational to protect the Great Lakes from
Asian Carp.
Mr. Chairman, the Water Resources Development Act is a hat trick--
it's good for the environment, it's good for the economy, and it's good
for America's future. I want to thank Mr. Oberstar and Mr. Mica for all
of their good work, and I am glad that we are getting this bill done. I
yield back the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1495
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2007''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Project authorizations.
Sec. 1002. Small projects for flood damage reduction.
Sec. 1003. Small projects for emergency streambank protection.
Sec. 1004. Small projects for navigation.
Sec. 1005. Small projects for improvement of the quality of the
environment.
Sec. 1006. Small projects for aquatic ecosystem restoration.
Sec. 1007. Small projects for shoreline protection.
Sec. 1008. Small projects for snagging and sediment removal.
TITLE II--GENERAL PROVISIONS
Sec. 2001. Non-Federal contributions.
Sec. 2002. Harbor cost sharing.
Sec. 2003. Funding to process permits.
Sec. 2004. National shoreline erosion control development and
demonstration program.
Sec. 2005. Small shore and beach restoration and protection projects.
Sec. 2006. Aquatic ecosystem restoration.
Sec. 2007. Small flood damage reduction projects.
Sec. 2008. Modification of projects for improvement of the quality of
the environment.
Sec. 2009. Written agreement for water resources projects.
Sec. 2010. Assistance for remediation, restoration, and reuse.
Sec. 2011. Compilation of laws.
Sec. 2012. Dredged material disposal.
Sec. 2013. Wetlands mitigation.
Sec. 2014. Mitigation for fish and wildlife losses.
Sec. 2015. Remote and subsistence harbors.
Sec. 2016. Beneficial uses of dredged material.
Sec. 2017. Cost-sharing provisions for certain areas.
Sec. 2018. Use of other Federal funds.
Sec. 2019. Revision of project partnership agreement.
Sec. 2020. Cost sharing.
Sec. 2021. Expedited actions for emergency flood damage reduction.
Sec. 2022. Watershed and river basin assessments.
Sec. 2023. Tribal partnership program.
Sec. 2024. Wildfire firefighting.
Sec. 2025. Technical assistance.
Sec. 2026. Lakes program.
Sec. 2027. Coordination and scheduling of Federal, State, and local
actions.
Sec. 2028. Project streamlining.
Sec. 2029. Cooperative agreements.
Sec. 2030. Training funds.
Sec. 2031. Access to water resource data.
Sec. 2032. Shore protection projects.
Sec. 2033. Ability to pay.
Sec. 2034. Leasing authority.
Sec. 2035. Cost estimates.
Sec. 2036. Project planning.
Sec. 2037. Independent peer review.
Sec. 2038. Studies and reports for water resources projects.
Sec. 2039. Offshore oil and gas fabrication port.
Sec. 2040. Use of firms employing local residents.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. Cook Inlet, Alaska.
Sec. 3002. King Cove Harbor, Alaska.
Sec. 3003. Sitka, Alaska.
Sec. 3004. Tatitlek, Alaska.
Sec. 3005. Rio De Flag, Flagstaff, Arizona.
Sec. 3006. Osceola Harbor, Arkansas.
Sec. 3007. Pine Mountain Dam, Arkansas.
Sec. 3008. American and Sacramento Rivers, California.
Sec. 3009. Compton Creek, California.
Sec. 3010. Grayson Creek/Murderer's Creek, California.
Sec. 3011. Hamilton Airfield, California.
Sec. 3012. John F. Baldwin Ship Channel and Stockton Ship Channel,
California.
Sec. 3013. Kaweah River, California.
Sec. 3014. Larkspur Ferry Channel, Larkspur, California.
Sec. 3015. Llagas Creek, California.
Sec. 3016. Magpie Creek, California.
Sec. 3017. Pacific Flyway Center, Sacramento, California.
Sec. 3018. Pinole Creek, California.
Sec. 3019. Prado Dam, California.
Sec. 3020. Sacramento and American Rivers flood control, California.
Sec. 3021. Sacramento Deep Water Ship Channel, California.
Sec. 3022. Santa Cruz Harbor, California.
Sec. 3023. Seven Oaks Dam, California.
Sec. 3024. Upper Guadalupe River, California.
Sec. 3025. Walnut Creek Channel, California.
Sec. 3026. Wildcat/San Pablo Creek Phase I, California.
Sec. 3027. Wildcat/San Pablo Creek Phase II, California.
Sec. 3028. Yuba River Basin project, California.
Sec. 3029. South Platte River Basin, Colorado.
Sec. 3030. Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland.
Sec. 3031. Brevard County, Florida.
Sec. 3032. Broward County and Hillsboro Inlet, Florida.
Sec. 3033. Canaveral Harbor, Florida.
Sec. 3034. Gasparilla and Estero Islands, Florida.
Sec. 3035. Jacksonville Harbor, Florida.
Sec. 3036. Lido Key Beach, Sarasota, Florida.
[[Page H3610]]
Sec. 3037. Miami Harbor, Florida.
Sec. 3038. Peanut Island, Florida.
Sec. 3039. Tampa Harbor-Big Bend Channel, Florida.
Sec. 3040. Tampa Harbor Cut B, Florida.
Sec. 3041. Allatoona Lake, Georgia.
Sec. 3042. Latham River, Glynn County, Georgia.
Sec. 3043. Dworshak Dam and Reservoir improvements, Idaho.
Sec. 3044. Beardstown Community Boat Harbor, Beardstown, Illinois.
Sec. 3045. Cache River Levee, Illinois.
Sec. 3046. Chicago River, Illinois.
Sec. 3047. Chicago Sanitary and Ship Canal dispersal barriers project,
Illinois.
Sec. 3048. Emiquon, Illinois.
Sec. 3049. Lasalle, Illinois.
Sec. 3050. Spunky Bottoms, Illinois.
Sec. 3051. Fort Wayne and vicinity, Indiana.
Sec. 3052. Koontz Lake, Indiana.
Sec. 3053. White River, Indiana.
Sec. 3054. Des Moines River and Greenbelt, Iowa.
Sec. 3055. Prestonsburg, Kentucky.
Sec. 3056. Amite River and tributaries, Louisiana, East Baton Rouge
Parish Watershed.
Sec. 3057. Atchafalaya Basin, Louisiana.
Sec. 3058. Atchafalaya Basin Floodway System, Louisiana.
Sec. 3059. Bayou Plaquemine, Louisiana.
Sec. 3060. J. Bennett Johnston Waterway, Mississippi River to
Shreveport, Louisiana.
Sec. 3061. Melville, Louisiana.
Sec. 3062. Mississippi Delta Region, Louisiana.
Sec. 3063. New Orleans to Venice, Louisiana.
Sec. 3064. West bank of the Mississippi River (East of Harvey Canal),
Louisiana.
Sec. 3065. Camp Ellis, Saco, Maine.
Sec. 3066. Detroit River Shoreline, Detroit, Michigan.
Sec. 3067. St. Clair River and Lake St. Clair, Michigan.
Sec. 3068. St. Joseph Harbor, Michigan.
Sec. 3069. Sault Sainte Marie, Michigan.
Sec. 3070. Ada, Minnesota.
Sec. 3071. Duluth Harbor, McQuade Road, Minnesota.
Sec. 3072. Grand Marais, Minnesota.
Sec. 3073. Grand Portage Harbor, Minnesota.
Sec. 3074. Granite Falls, Minnesota.
Sec. 3075. Knife River Harbor, Minnesota.
Sec. 3076. Red Lake River, Minnesota.
Sec. 3077. Silver Bay, Minnesota.
Sec. 3078. Taconite Harbor, Minnesota.
Sec. 3079. Two Harbors, Minnesota.
Sec. 3080. Deer Island, Harrison County, Mississippi.
Sec. 3081. Pearl River Basin, Mississippi.
Sec. 3082. Festus and Crystal City, Missouri.
Sec. 3083. L-15 levee, Missouri.
Sec. 3084. Monarch-Chesterfield, Missouri.
Sec. 3085. River Des Peres, Missouri.
Sec. 3086. Antelope Creek, Lincoln, Nebraska.
Sec. 3087. Sand Creek Watershed, Wahoo, Nebraska.
Sec. 3088. Lower Cape May Meadows, Cape May Point, New Jersey.
Sec. 3089. Passaic River Basin flood management, New Jersey.
Sec. 3090. Buffalo Harbor, New York.
Sec. 3091. Orchard Beach, Bronx, New York.
Sec. 3092. Port of New York and New Jersey, New York and New Jersey.
Sec. 3093. New York State Canal System.
Sec. 3094. Lower Girard Lake Dam, Ohio.
Sec. 3095. Mahoning River, Ohio.
Sec. 3096. Delaware River, Pennsylvania, New Jersey, and Delaware.
Sec. 3097. Raystown Lake, Pennsylvania.
Sec. 3098. Sheraden Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania.
Sec. 3099. Solomon's Creek, Wilkes-Barre, Pennsylvania.
Sec. 3100. South Central Pennsylvania.
Sec. 3101. Wyoming Valley, Pennsylvania.
Sec. 3102. Cedar Bayou, Texas.
Sec. 3103. Freeport Harbor, Texas.
Sec. 3104. Lake Kemp, Texas.
Sec. 3105. Lower Rio Grande Basin, Texas.
Sec. 3106. North Padre Island, Corpus Christi Bay, Texas.
Sec. 3107. Pat Mayse Lake, Texas.
Sec. 3108. Proctor Lake, Texas.
Sec. 3109. San Antonio Channel, San Antonio, Texas.
Sec. 3110. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties,
Virginia.
Sec. 3111. Tangier Island Seawall, Virginia.
Sec. 3112. Duwamish/Green, Washington.
Sec. 3113. Yakima River, Port of Sunnyside, Washington.
Sec. 3114. Greenbrier River Basin, West Virginia.
Sec. 3115. Lesage/Greenbottom Swamp, West Virginia.
Sec. 3116. Northern West Virginia.
Sec. 3117. Manitowoc Harbor, Wisconsin.
Sec. 3118. Mississippi River headwaters reservoirs.
Sec. 3119. Continuation of project authorizations.
Sec. 3120. Project reauthorizations.
Sec. 3121. Project deauthorizations.
Sec. 3122. Land conveyances.
Sec. 3123. Extinguishment of reversionary interests and use
restrictions.
TITLE IV--STUDIES
Sec. 4001. John Glenn Great Lakes Basin Program.
Sec. 4002. Lake Erie dredged material disposal sites.
Sec. 4003. Southwestern United States drought study.
Sec. 4004. Delaware River.
Sec. 4005. Knik Arm, Cook Inlet, Alaska.
Sec. 4006. Kuskokwim River, Alaska.
Sec. 4007. St. George Harbor, Alaska.
Sec. 4008. Susitna River, Alaska.
Sec. 4009. Gila Bend, Maricopa, Arizona.
Sec. 4010. Searcy County, Arkansas.
Sec. 4011. Elkhorn Slough Estuary, California.
Sec. 4012. Fresno, Kings, and Kern Counties, California.
Sec. 4013. Los Angeles River revitalization study, California.
Sec. 4014. Lytle Creek, Rialto, California.
Sec. 4015. Mokelumne River, San Joaquin County, California.
Sec. 4016. Napa River, St. Helena, California.
Sec. 4017. Orick, California.
Sec. 4018. Rialto, Fontana, and Colton, California.
Sec. 4019. Sacramento River, California.
Sec. 4020. San Diego County, California.
Sec. 4021. San Francisco Bay, Sacramento-San Joaquin Delta, California.
Sec. 4022. South San Francisco Bay shoreline study, California.
Sec. 4023. Twentynine Palms, California.
Sec. 4024. Yucca Valley, California.
Sec. 4025. Roaring Fork River, Basalt, Colorado.
Sec. 4026. Delaware and Christina Rivers and Shellpot Creek,
Wilmington, Delaware.
Sec. 4027. Collier County Beaches, Florida.
Sec. 4028. Lower St. Johns River, Florida.
Sec. 4029. Vanderbilt Beach Lagoon, Florida.
Sec. 4030. Meriwether County, Georgia.
Sec. 4031. Tybee Island, Georgia.
Sec. 4032. Boise River, Idaho.
Sec. 4033. Ballard's Island Side Channel, Illinois.
Sec. 4034. Salem, Indiana.
Sec. 4035. Buckhorn Lake, Kentucky.
Sec. 4036. Dewey Lake, Kentucky.
Sec. 4037. Louisville, Kentucky.
Sec. 4038. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 4039. Clinton River, Michigan.
Sec. 4040. Hamburg and Green Oak Townships, Michigan.
Sec. 4041. Duluth-Superior Harbor, Minnesota and Wisconsin.
Sec. 4042. Northeast Mississippi.
Sec. 4043. St. Louis, Missouri.
Sec. 4044. Dredged material disposal, New Jersey.
Sec. 4045. Bayonne, New Jersey.
Sec. 4046. Carteret, New Jersey.
Sec. 4047. Gloucester County, New Jersey.
Sec. 4048. Perth Amboy, New Jersey.
Sec. 4049. Batavia, New York.
Sec. 4050. Big Sister Creek, Evans, New York.
Sec. 4051. Finger Lakes, New York.
Sec. 4052. Lake Erie Shoreline, Buffalo, New York.
Sec. 4053. Newtown Creek, New York.
Sec. 4054. Niagara River, New York.
Sec. 4055. Shore Parkway Greenway, Brooklyn, New York.
Sec. 4056. Upper Delaware River Watershed, New York.
Sec. 4057. Lincoln County, North Carolina.
Sec. 4058. Wilkes County, North Carolina.
Sec. 4059. Yadkinville, North Carolina.
Sec. 4060. Lake Erie, Ohio.
Sec. 4061. Ohio River, Ohio.
Sec. 4062. Ecosystem restoration and fish passage improvements, Oregon.
Sec. 4063. Walla Walla River Basin, Oregon.
Sec. 4064. Chartiers Creek Watershed, Pennsylvania.
Sec. 4065. Kinzua Dam and Allegheny Reservoir, Pennsylvania.
Sec. 4066. Western Pennsylvania flood damage reduction, Pennsylvania.
Sec. 4067. Williamsport, Pennsylvania.
Sec. 4068. Yardley Borough, Pennsylvania.
Sec. 4069. Rio Valenciano, Juncos, Puerto Rico.
Sec. 4070. Crooked Creek, Bennettsville, South Carolina.
Sec. 4071. Broad River, York County, South Carolina.
Sec. 4072. Chattanooga, Tennessee.
Sec. 4073. Cleveland, Tennessee.
Sec. 4074. Cumberland River, Nashville, Tennessee.
Sec. 4075. Lewis, Lawrence, and Wayne Counties, Tennessee.
Sec. 4076. Wolf River and Nonconnah Creek, Memphis Tennessee.
Sec. 4077. Abilene, Texas.
Sec. 4078. Coastal Texas ecosystem protection and restoration, Texas.
Sec. 4079. Johnson Creek, Arlington, Texas.
Sec. 4080. Port of Galveston, Texas.
Sec. 4081. Grand County and Moab, Utah.
Sec. 4082. Southwestern Utah.
Sec. 4083. Chowan River Basin, Virginia and North Carolina.
Sec. 4084. Elliott Bay Seawall, Seattle, Washington.
Sec. 4085. Monongahela River Basin, northern West Virginia.
Sec. 4086. Kenosha Harbor, Wisconsin.
Sec. 4087. Wauwatosa, Wisconsin.
Sec. 4088. Johnsonville Dam, Johnsonville, Wisconsin.
TITLE V--MISCELLANEOUS
Sec. 5001. Maintenance of navigation channels.
Sec. 5002. Watershed management.
Sec. 5003. Dam safety.
Sec. 5004. Structural integrity evaluations.
Sec. 5005. Flood mitigation priority areas.
Sec. 5006. Additional assistance for authorized projects.
Sec. 5007. Expedited completion of reports and construction for certain
projects.
Sec. 5008. Expedited completion of reports for certain projects.
Sec. 5009. Southeastern water resources assessment.
Sec. 5010. Upper Mississippi River environmental management program.
Sec. 5011. Missouri and Middle Mississippi River enhancement project.
[[Page H3611]]
Sec. 5012. Great Lakes fishery and ecosystem restoration.
Sec. 5013. Great Lakes remedial action plans and sediment remediation.
Sec. 5014. Great Lakes tributary models.
Sec. 5015. Great Lakes navigation.
Sec. 5016. Upper Mississippi River dispersal barrier project.
Sec. 5017. Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia.
Sec. 5018. Chesapeake Bay environmental restoration and protection
program.
Sec. 5019. Hypoxia assessment.
Sec. 5020. Potomac River watershed assessment and tributary strategy
evaluation and monitoring program.
Sec. 5021. Lock and dam security.
Sec. 5022. Rehabilitation.
Sec. 5023. Research and development program for Columbia and Snake
River salmon survival.
Sec. 5024. Auburn, Alabama.
Sec. 5025. Pinhook Creek, Huntsville, Alabama.
Sec. 5026. Alaska.
Sec. 5027. Barrow, Alaska.
Sec. 5028. Coffman Cove, Alaska.
Sec. 5029. Fire Island, Alaska.
Sec. 5030. Fort Yukon, Alaska.
Sec. 5031. Kotzebue Harbor, Alaska.
Sec. 5032. Lowell Creek Tunnel, Seward, Alaska.
Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 5034. Tanana River, Alaska.
Sec. 5035. Valdez, Alaska.
Sec. 5036. Whittier, Alaska.
Sec. 5037. Wrangell Harbor, Alaska.
Sec. 5038. Augusta and Clarendon, Arkansas.
Sec. 5039. Des Arc levee protection, Arkansas.
Sec. 5040. Loomis Landing, Arkansas.
Sec. 5041. St. Francis River Basin, Arkansas and Missouri.
Sec. 5042. Cambria, California.
Sec. 5043. Contra Costa Canal, Oakley and Knightsen, California;
Mallard Slough, Pittsburg, California.
Sec. 5044. Dana Point Harbor, California.
Sec. 5045. East San Joaquin County, California.
Sec. 5046. Eastern Santa Clara basin, California.
Sec. 5047. Los Osos, California.
Sec. 5048. Pine Flat Dam and Reservoir, California.
Sec. 5049. Raymond Basin, Six Basins, Chino Basin, and San Gabriel
Basin, California.
Sec. 5050. San Francisco, California.
Sec. 5051. San Francisco, California, waterfront area.
Sec. 5052. San Pablo Bay, California, watershed and Suisun Marsh
ecosystem restoration.
Sec. 5053. Stockton, California.
Sec. 5054. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 5055. Florida Keys water quality improvements.
Sec. 5056. Lake Worth, Florida.
Sec. 5057. Riley Creek Recreation Area, Idaho.
Sec. 5058. Reconstruction of Illinois flood protection projects.
Sec. 5059. Illinois River Basin restoration.
Sec. 5060. Kaskaskia River Basin, Illinois, restoration.
Sec. 5061. Floodplain mapping, Little Calumet River, Chicago, Illinois.
Sec. 5062. Promontory Point, Lake Michigan, Illinois.
Sec. 5063. Burns Waterway Harbor, Indiana.
Sec. 5064. Calumet region, Indiana.
Sec. 5065. Paducah, Kentucky.
Sec. 5066. Southern and eastern Kentucky.
Sec. 5067. Winchester, Kentucky.
Sec. 5068. Baton Rouge, Louisiana.
Sec. 5069. Calcasieu Ship Channel, Louisiana.
Sec. 5070. Cross Lake, Shreveport, Louisiana.
Sec. 5071. West Baton Rouge Parish, Louisiana.
Sec. 5072. Charlestown, Maryland.
Sec. 5073. Anacostia River, District of Columbia and Maryland.
Sec. 5074. Delmarva Conservation Corridor, Delaware and Maryland.
Sec. 5075. Massachusetts dredged material disposal sites.
Sec. 5076. Ontonagon Harbor, Michigan.
Sec. 5077. Crookston, Minnesota.
Sec. 5078. Garrison and Kathio Township, Minnesota.
Sec. 5079. Itasca County, Minnesota.
Sec. 5080. Minneapolis, Minnesota.
Sec. 5081. Northeastern Minnesota.
Sec. 5082. Wild Rice River, Minnesota.
Sec. 5083. Harrison, Hancock, and Jackson Counties, Mississippi.
Sec. 5084. Mississippi River, Missouri and Illinois.
Sec. 5085. St. Louis, Missouri.
Sec. 5086. Hackensack Meadowlands area, New Jersey.
Sec. 5087. Atlantic Coast of New York.
Sec. 5088. College Point, New York City, New York.
Sec. 5089. Flushing Bay and Creek, New York City, New York.
Sec. 5090. Hudson River, New York.
Sec. 5091. Mount Morris Dam, New York.
Sec. 5092. John H. Kerr Dam and Reservoir, North Carolina.
Sec. 5093. Stanly County, North Carolina.
Sec. 5094. Cincinnati, Ohio.
Sec. 5095. Toussaint River, Ohio.
Sec. 5096. Eugene, Oregon.
Sec. 5097. Fern Ridge Dam, Oregon.
Sec. 5098. Allegheny County, Pennsylvania.
Sec. 5099. Kehly Run Dams, Pennsylvania.
Sec. 5100. Lehigh River, Lehigh County, Pennsylvania.
Sec. 5101. Northeast Pennsylvania.
Sec. 5102. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 5103. Cano Martin Pena, San Juan, Puerto Rico.
Sec. 5104. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
terrestrial wildlife habitat restoration, South Dakota.
Sec. 5105. Fritz Landing, Tennessee.
Sec. 5106. J. Percy Priest Dam and Reservoir, Tennessee.
Sec. 5107. Town Creek, Lenoir City, Tennessee.
Sec. 5108. Tennessee River partnership.
Sec. 5109. Upper Mississippi embayment, Tennessee, Arkansas, and
Mississippi.
Sec. 5110. Bosque River Watershed, Texas.
Sec. 5111. Dallas Floodway, Dallas Texas.
Sec. 5112. Harris County, Texas.
Sec. 5113. Onion Creek, Texas.
Sec. 5114. Eastern Shore and southwest Virginia.
Sec. 5115. Dyke Marsh, Fairfax County, Virginia.
Sec. 5116. Baker Bay and Ilwaco Harbor, Washington.
Sec. 5117. Hamilton Island campground, Washington.
Sec. 5118. Puget Island, Washington.
Sec. 5119. Willapa Bay, Washington.
Sec. 5120. West Virginia and Pennsylvania flood control.
Sec. 5121. Central West Virginia.
Sec. 5122. Southern West Virginia.
Sec. 5123. Construction of flood control projects by non-Federal
interests.
TITLE VI--FLORIDA EVERGLADES
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida.
Sec. 6002. Pilot projects.
Sec. 6003. Maximum costs.
Sec. 6004. Project authorization.
Sec. 6005. Credit.
Sec. 6006. Outreach and assistance.
Sec. 6007. Critical restoration projects.
Sec. 6008. Modified water deliveries.
Sec. 6009. Deauthorizations.
Sec. 6010. Regional engineering model for environmental restoration.
TITLE VII--LOUISIANA COASTAL AREA
Sec. 7001. Definitions.
Sec. 7002. Comprehensive plan.
Sec. 7003. Louisiana coastal area.
Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task
Force.
Sec. 7005. Project modifications.
Sec. 7006. Construction.
Sec. 7007. Non-Federal cost share.
Sec. 7008. Project justification.
Sec. 7009. Independent review.
Sec. 7010. Expedited reports.
Sec. 7011. Reporting.
Sec. 7012. New Orleans and vicinity.
Sec. 7013. Mississippi River Gulf Outlet.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
Sec. 8001. Definitions.
Sec. 8002. Navigation improvements and restoration.
Sec. 8003. Authorization of construction of navigation improvements.
Sec. 8004. Ecosystem restoration authorization.
Sec. 8005. Comparable progress.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.
Except as otherwise provided in this section, the following
projects for water resources development and conservation and
other purposes are authorized to be carried out by the
Secretary substantially in accordance with the plans, and
subject to the conditions, described in the respective
reports designated in this section:
(1) Haines, alaska.--The project for navigation, Haines,
Alaska: Report of the Chief of Engineers dated December 20,
2004, at a total cost of $14,040,000, with an estimated
Federal cost of $11,232,000 and an estimated non-Federal cost
of $2,808,000.
(2) Port lions, alaska.--The project for navigation, Port
Lions, Alaska: Report of the Chief of Engineers dated June
14, 2006, at a total cost of $9,530,000, with an estimated
Federal cost of $7,624,000 and an estimated non-Federal cost
of $1,906,000.
(3) Rio salado oeste, arizona.--The project for
environmental restoration, Rio Salado Oeste, Arizona: Report
of the Chief of Engineers dated December 19, 2006, at a total
cost of $166,650,000, with an estimated Federal cost of
$106,629,000 and an estimated non-Federal cost of
$60,021,000.
(4) Santa cruz river, paseo de las iglesias, arizona.--The
project for environmental restoration, Santa Cruz River, Pima
County, Arizona: Report of the Chief of Engineers dated March
28, 2006, at a total cost of $97,700,000, with an estimated
Federal cost of $63,300,000 and an estimated non-Federal cost
of $34,400,000.
(5) Tanque verde creek, pima county, arizona.--The project
for environmental restoration, Tanque Verde Creek, Pima
County, Arizona: Report of the Chief of Engineers dated July
22, 2003, at a total cost of $5,906,000, with an estimated
Federal cost of $3,836,000 and an estimated non-Federal cost
of $2,070,000.
(6) Salt river (va shlyay' akimel), maricopa county,
arizona.--The project for environmental restoration, Salt
River (Va Shlyay' Akimel), Arizona: Report of the Chief of
Engineers dated January 3, 2005, at a total cost of
$162,100,000, with an estimated Federal cost of $105,200,000
and an estimated non-Federal cost of $56,900,000.
(7) May branch, fort smith, arkansas.--The project for
flood damage reduction, May Branch, Fort Smith, Arkansas,
Report of the Chief of Engineers dated December 19, 2006, at
a
[[Page H3612]]
total cost of $30,850,000, with an estimated Federal cost of
$15,010,000 and an estimated non-Federal cost of $15,840,000.
(8) Hamilton city, california.--The project for flood
damage reduction and environmental restoration, Hamilton
City, California: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $52,400,000, with an
estimated Federal cost of $34,100,000 and estimated non-
Federal cost of $18,300,000.
(9) 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 $13,700,000, with an estimated Federal cost of $8,521,000
and an estimated non-Federal cost of $5,179,000, and at an
estimated total cost of $42,500,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $21,250,000 and an estimated non-
Federal cost of $21,250,000.
(10) Matilija dam, ventura county, california.--The project
for environmental restoration, Matilija Dam, Ventura County,
California: Report of the Chief of Engineers dated December
20, 2004, at a total cost of $144,500,000, with an estimated
Federal cost of $89,700,000 and an estimated non-Federal cost
of $54,800,000.
(11) Middle creek, lake county, california.--The project
for flood damage reduction and environmental restoration,
Middle Creek, Lake County, California: Report of the Chief of
Engineers dated November 29, 2004, at a total cost of
$45,200,000, with an estimated Federal cost of $29,500,000
and an estimated non-Federal cost of $15,700,000.
(12) Napa river salt marsh restoration, california.--
(A) In general.--The project for environmental restoration,
Napa River Salt Marsh Restoration, Napa, California: Report
of the Chief of Engineers dated December 22, 2004, at a total
cost of $134,500,000, with an estimated Federal cost of
$87,500,000 and an estimated non-Federal cost of $47,000,000.
(B) Administration.--In carrying out the project authorized
by this paragraph, the Secretary shall--
(i) construct a recycled water pipeline extending from the
Sonoma Valley County Sanitation District Waste Water
Treatment Plant and the Napa Sanitation District Waste Water
Treatment Plant to the project; and
(ii) restore or enhance Salt Ponds 1, 1A, 2, and 3.
(13) Denver county reach, south platte river, denver,
colorado.--The project for environmental restoration, Denver
County Reach, South Platte River, Denver, Colorado: Report of
the Chief of Engineers dated May 16, 2003, at a total cost of
$21,050,000, with an estimated Federal cost of $13,680,000
and an estimated non-Federal cost of $7,370,000.
(14) Miami harbor, miami-dade county, florida.--
(A) In general.--The project for navigation, Miami Harbor,
Miami-Dade County, Florida: Report of the Chief of Engineers
dated April 25, 2005, at a total cost of $125,270,000, with
an estimated Federal cost of $75,140,000 and an estimated
non-Federal cost of $50,130,000.
(B) General reevaluation report.--The non-Federal share of
the cost of the general reevaluation report that resulted in
the report of the Chief of Engineers referred to in
subparagraph (A) shall be the same percentage as the non-
Federal share of cost of construction of the project.
(C) Agreement.--The Secretary shall enter into a new
partnership with the non-Federal interest to reflect the cost
sharing required by subparagraph (B).
(15) East st. louis and vicinity, illinois.--The project
for environmental restoration and recreation, East St. Louis
and Vicinity, Illinois: Report of the Chief of Engineers
dated December 22, 2004, at a total cost of $208,260,000,
with an estimated Federal cost of $134,910,000 and an
estimated non-Federal cost of $73,350,000.
(16) Peoria riverfront development, illinois.--The project
for environmental restoration, Peoria Riverfront Development,
Illinois: Report of the Chief of Engineers dated July 28,
2003, at a total cost of $18,220,000, with an estimated
Federal cost of $11,840,000 and an estimated non-Federal cost
of $6,380,000.
(17) Wood river levee system reconstruction, madison
county, illinois.--The project for flood damage reduction,
Wood River Levee System Reconstruction, Madison County,
Illinois: Report of the Chief of Engineers dated July 18,
2006, at a total cost of $17,220,000, with an estimated
Federal cost of $11,193,000 and an estimated non-Federal cost
of $6,027,000.
(18) Des moines and raccoon rivers, des moines, iowa.--The
project for flood damage reduction, Des Moines and Raccoon
Rivers, Des Moines, Iowa: Report of the Chief of Engineers
dated March 28, 2006, at a total cost of $10,780,000, with an
estimated Federal cost of $6,967,000 and an estimated non-
Federal cost of $3,813,000.
(19) Licking river basin, cynthiana, kentucky.--The project
for flood damage reduction, Licking River Basin, Cynthiana,
Kentucky: Report of the Chief of Engineers dated October 24,
2006, at a total cost of $18,200,000, with an estimated
Federal cost of $11,830,000 and an estimated non-Federal cost
of $6,370,000.
(20) 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
$9,680,000. 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.
(21) Morganza to the gulf of mexico, louisiana.--
(A) In general.--The project for hurricane and storm damage
reduction, Morganza to the Gulf of Mexico, Louisiana: Reports
of the Chief of Engineers dated August 23, 2002, and July 22,
2003, at a total cost of $886,700,000, with an estimated
Federal cost of $576,355,000 and an estimated non-Federal
cost of $310,345,000.
(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of design
and construction work carried out by the non-Federal interest
before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the
project.
(22) Port of iberia, louisiana.--The project for
navigation, Port of Iberia, Louisiana, Report of the Chief of
Engineers dated December 31, 2006, at a total cost of
$131,250,000, with an estimated Federal cost of $105,315,000
and an estimated non-Federal cost of $25,935,000.
(23) Smith island, somerset county, maryland.--The project
for environmental restoration, Smith Island, Somerset County,
Maryland: Report of the Chief of Engineers dated October 29,
2001, at a total cost of $15,580,000, with an estimated
Federal cost of $10,127,000 and an estimated non-Federal cost
of $5,453,000.
(24) Roseau river, roseau, minnesota.--The project for
flood damage reduction, Roseau River, Roseau, Minnesota,
Report of the Chief of Engineers dated December 19, 2006, at
a total cost of $25,100,000, with an estimated Federal cost
of $13,820,000 and an estimated non-Federal cost of
$11,280,000.
(25) Mississippi coastal, mississippi.--The project for
hurricane and storm damage reduction and environmental
restoration, Mississippi Coastal, Mississippi, Report of the
Chief of Engineers dated December 31, 2006, at a total cost
of $107,690,000, with an estimated Federal cost of
$70,000,000 and an estimated non-Federal cost of $37,690,000.
(26) Kansas citys levees, missouri and kansas.--The project
for flood damage reduction, Kansas Citys levees, Missouri and
Kansas, Report of the Chief of Engineers dated December 19,
2006, at a total cost of $65,430,000, with an estimated
Federal cost of $42,530,000 and an estimated non-Federal cost
of $22,900,000.
(27) Swope park industrial area, blue river, kansas city,
missouri.--The project for flood damage reduction, Swope Park
Industrial Area, Blue River, Kansas City, Missouri: Report of
the Chief of Engineers dated December 30, 2003, at a total
cost of $16,980,000, with an estimated Federal cost of
$11,037,000 and an estimated non-Federal cost of $5,943,000.
(28) Great egg harbor inlet to townsends inlet, new
jersey.--The project for hurricane and storm damage
reduction, Great Egg Harbor Inlet to Townsends Inlet, New
Jersey: Report of the Chief of Engineers dated October 24,
2006, at a total cost of $54,360,000, with an estimated
Federal cost of $35,069,000 and an estimated non-Federal cost
of $19,291,000, and at an estimated total cost of
$202,500,000 for periodic nourishment over the 50-year life
of the project, with an estimated Federal cost of
$101,250,000 and an estimated non-Federal cost of
$101,250,000.
(29) Hudson raritan estuary, liberty state park, new
jersey.--
(A) In general.--The project for environmental restoration,
Hudson Raritan Estuary, Liberty State Park, New Jersey:
Report of the Chief of Engineers dated August 25, 2006, at a
total cost of $34,100,000, with an estimated Federal cost of
$22,200,000 and an estimated non-Federal cost of $11,900,000.
(B) Restoration teams.--In carrying out the project, the
Secretary shall establish and utilize watershed restoration
teams composed of estuary restoration experts from the Corps
of Engineers, the New Jersey department of environmental
protection, and the Port Authority of New York and New Jersey
and other experts designated by the Secretary for the purpose
of developing habitat restoration and water quality
enhancement.
(30) Manasquan inlet to barnegat inlet, new jersey.--The
project for hurricane and storm damage reduction, Manasquan
Inlet to Barnegat Inlet, New Jersey: Report of the Chief of
Engineers dated December 30, 2003, at a total cost of
$71,900,000, with an estimated Federal cost of $46,735,000
and an estimated non-Federal cost of $25,165,000, and at an
estimated total cost of $119,680,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $59,840,000 and an estimated non-
Federal cost of $59,840,000.
(31) Raritan bay and sandy hook bay, union beach, new
jersey.--The project for hurricane and storm damage
reduction, Raritan Bay and Sandy Hook Bay, Union Beach, New
Jersey: Report of the Chief of Engineers dated January 4,
2006, at a total cost of $115,000,000, with an estimated
Federal cost of $74,800,000 and an estimated non-Federal cost
of $40,200,000, and at an estimated total cost of $6,500,000
for periodic nourishment over the 50-year life of the
project, with an estimated Federal cost of $3,250,000 and an
estimated non-Federal cost of $3,250,000.
(32) South river, raritan river basin, new jersey.--The
project for hurricane and storm damage reduction and
environmental restoration, South River, Raritan River Basin,
New Jersey: Report of the Chief of Engineers dated July 22,
2003, at a total cost of $122,300,000, with an estimated
Federal cost of $79,500,000 and an estimated non-Federal cost
of $42,800,000.
(33) Southwest valley, bernalillo county, new mexico.--The
project for flood damage reduction, Southwest Valley,
Bernalillo County, New Mexico: Report of the Chief of
Engineers dated November 29, 2004, at a total cost of
$24,840,000, with an estimated Federal cost of $16,150,000
and an estimated non-Federal cost of $8,690,000.
(34) Montauk point, new york.--The project for hurricane
and storm damage reduction, Montauk Point, New York: Report
of the Chief of Engineers dated March 31, 2006, at a total
cost of $14,600,000, with an estimated Federal cost of
$7,300,000 and an estimated non-Federal cost of $7,300,000.
[[Page H3613]]
(35) Hocking river, monday creek sub-basin, ohio.--The
project for environmental restoration, Hocking River, Monday
Creek Sub-basin, Ohio: Report of the Chief of Engineers dated
August 24, 2006, at a total cost of $20,980,000, with an
estimated Federal cost of $13,440,000 and an estimated non-
Federal cost of $7,540,000.
(36) Town of bloomsburg, columbia county, pennsylvania.--
The project for flood damage reduction, town of Bloomsburg,
Columbia County, Pennsylvania: Report of the Chief of
Engineers dated January 25, 2006, at a total cost of
$44,500,000, with an estimated Federal cost of $28,925,000
and an estimated non-Federal cost of $15,575,000.
(37) Pawley's island, south carolina.--The project for
hurricane and storm damage reduction, Pawley's Island, South
Carolina, Report of the Chief of Engineers dated December 19,
2006, at a total cost of $8,980,000, with an estimated
Federal cost of $5,840,000 and an estimated non-Federal cost
of $3,140,000, and at an estimated total cost of $21,200,000
for periodic nourishment over the 50-year life of the
project, with an estimated Federal cost of $10,600,000 and an
estimated non-Federal cost of $10,600,000.
(38) Corpus christi ship channel, corpus christi, texas.--
The project for navigation and ecosystem restoration, Corpus
Christi Ship Channel, Texas: Report of the Chief of Engineers
dated June 2, 2003, at a total cost of $188,110,000, with an
estimated Federal cost of $87,810,000 and an estimated non-
Federal cost of $100,300,000.
(39) Gulf intracoastal waterway, matagorda bay re-route,
texas.--The project for navigation, Gulf Intracoastal
Waterway, 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.
(40) Gulf intracoastal waterway, high island to brazos
river, texas.--The project for navigation, Gulf Intracoastal
Waterway, High Island to Brazos River, Texas: Report of the
Chief of Engineers dated April 16, 2004, at a total cost of
$14,450,000. The costs of construction of the project are to
be paid \1/2\ from amounts appropriated from the general fund
of the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(41) Lower colorado river basin phase i, texas.--The
project for flood damage reduction and environmental
restoration, Lower Colorado River Basin Phase I, Texas,
Report of the Chief of Engineers dated December 31, 2006, at
a total cost of $110,730,000, with an estimated Federal cost
of $69,640,000 and an estimated non-Federal cost of
$41,090,000.
(42) Atlantic intracoastal waterway bridge replacement,
deep creek, chesapeake, virginia.--The project for Atlantic
Intracoastal Waterway Bridge Replacement, Deep Creek,
Chesapeake, Virginia: Report of the Chief of Engineers dated
March 3, 2003, at a total cost of $37,200,000.
(43) Craney island eastward expansion, norfolk harbor and
channels, virginia.--The project for navigation, Craney
Island Eastward Expansion, Norfolk Harbor and Channels,
Virginia: Report of Chief of Engineers dated October 24,
2006, at a total cost of $712,103,000, with an estimated
Federal cost of $31,229,000 and an estimated non-Federal cost
of $680,874,000.
SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study for
each of the following projects and, if the Secretary
determines that a project is feasible, may carry out the
project under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s):
(1) Haleyville, alabama.--Project for flood damage
reduction, Haleyville, Alabama.
(2) Weiss lake, alabama.--Project for flood damage
reduction, Weiss Lake, Alabama.
(3) Little colorado river levee, arizona.--Project for
flood damage reduction, Little Colorado River Levee, Arizona.
(4) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River Basin, Grubbs, Arkansas.
(5) Barrel springs wash, palmdale, california.--Project for
flood damage reduction, Barrel Springs Wash, Palmdale,
California.
(6) Borrego springs, california.--Project for flood damage
reduction, Borrego Springs, California.
(7) Colton, california.--Project for flood damage
reduction, Colton, California.
(8) Dunlap stream, yucaipa, california.--Project for flood
damage reduction, Dunlap Stream, Yucaipa, California.
(9) Hunts canyon wash, palmdale, california.--Project for
flood damage reduction, Hunts Canyon Wash, Palmdale,
California.
(10) Ontario and chino, california.--Project for flood
damage reduction, Ontario and Chino, California.
(11) Santa venetia, california.--Project for flood damage
reduction, Santa Venetia, California.
(12) Whittier, california.--Project for flood damage
reduction, Whittier, California.
(13) Wildwood creek, yucaipa, california.--Project for
flood damage reduction, Wildwood Creek, Yucaipa, California.
(14) St. francisville, lousiana.--Project for flood damage
reduction, St. Francisville, Louisiana.
(15) Salem, massachusetts.--Project for flood damage
reduction, Salem, Massachusetts.
(16) Cass river, michigan.--Project for flood damage
reduction, Cass River, Vassar and vicinity, Michigan.
(17) Crow river, rockford, minnesota.--Project for flood
damage reduction, Crow River, Rockford, Minnesota.
(18) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(19) South branch of the wild rice river, borup,
minnesota.--Project for flood damage reduction, South Branch
of the Wild Rice River, Borup, Minnesota.
(20) Blacksnake creek, st. joseph, missouri.--Project for
flood damage reduction, Blacksnake Creek, St. Joseph,
Missouri.
(21) Acid brook, pompton lakes, new jersey.--Project for
flood damage reduction, Acid Brook, Pompton Lakes, New
Jersey.
(22) Cannisteo river, addison, new york.--Project for flood
damage reduction, Cannisteo River, Addison, New York.
(23) Cohocton river, campbell, new york.--Project for flood
damage reduction, Cohocton River, Campbell, New York.
(24) Dry and otter creeks, cortland, new york.--Project for
flood damage reduction, Dry and Otter Creeks, Cortland, New
York.
(25) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach,
New York City, New York.
(26) East valley creek, andover, new york.--Project for
flood damage reduction, East Valley Creek, Andover, New York.
(27) Sunnyside brook, westchester county, new york.--
Project for flood damage reduction, Sunnyside Brook,
Westchester County, New York.
(28) Little yankee run, ohio.--Project for flood damage
reduction, Little Yankee Run, Ohio.
(29) Little neshaminy creek, warrenton, pennsylvania.--
Project for flood damage reduction, Little Neshaminy Creek,
Warrenton, Pennsylvania.
(30) Southampton creek watershed, southampton,
pennsylvania.--Project for flood damage reduction,
Southampton Creek watershed, Southampton, Pennsylvania.
(31) Spring creek, lower macungie township, pennsylvania.--
Project for flood damage reduction, Spring Creek, Lower
Macungie Township, Pennsylvania.
(32) Yardley aqueduct, silver and brock creeks, yardley,
pennsylvania.--Project for flood damage reduction, Yardley
Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.
(33) Surfside beach, south carolina.--Project for flood
damage reduction, Surfside Beach and vicinity, South
Carolina.
(34) Congelosi ditch, missouri city, texas.--Project for
flood damage reduction, Congelosi Ditch, Missouri City,
Texas.
(35) Dilley, texas.--Project for flood damage reduction,
Dilley, Texas.
(b) Special Rules.--
(1) Cache river basin, grubbs, arkansas.--The Secretary may
proceed with the project for the Cache River Basin, Grubbs,
Arkansas, referred to in subsection (a), notwithstanding that
the project is located within the boundaries of the flood
control project, Cache River Basin, Arkansas and Missouri,
authorized by section 204 of the Flood Control Act of 1950,
(64 Stat. 172) and modified by section 99 of the Water
Resources Development Act of 1974 (88 Stat. 41).
(2) Ontario and chino, california.--The Secretary shall
carry out the project for flood damage reduction, Ontario and
Chino, California, referred to in subsection (a) if the
Secretary determines that the project is feasible.
(3) Santa venetia, california.--The Secretary shall carry
out the project for flood damage reduction, Santa Venetia,
California, referred to in subsection (a) if the Secretary
determines that the project is feasible and shall allow the
non-Federal interest to participate in the financing of the
project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184) to the
extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
(4) Whittier, california.--The Secretary shall carry out
the project for flood damage reduction, Whittier, California,
referred to in subsection (a) if the Secretary determines
that the project is feasible.
(5) South branch of the wild rice river, borup,
minnesota.--In carrying out the project for flood damage
reduction, South Branch of the Wild Rice River, Borup,
Minnesota, referred to in subsection (a) the Secretary may
consider national ecosystem restoration benefits in
determining the Federal interest in the project and shall
allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of
the Water Resources Development Act of 1986 (100 Stat. 4184)
to the extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
(6) Acid brook, pompton lakes, new jersey.--The Secretary
shall carry out the project for flood damage reduction, Acid
Brook, Pompton Lakes, New Jersey, referred to in subsection
(a) if the Secretary determines that the project is feasible.
(7) Dilley, texas.--The Secretary shall carry out the
project for flood damage reduction, Dilley, Texas, referred
to in subsection (a) if the Secretary determines that the
project is feasible.
SEC. 1003. SMALL PROJECTS FOR EMERGENCY STREAMBANK
PROTECTION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is feasible, may carry out the project under section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) St. johns bluff training wall, duval county, florida.--
Project for emergency streambank protection, St. Johns Bluff
Training Wall, Duval County, Florida.
(2) Gulf intracoastal waterway, iberville parish,
louisiana.--Projects for emergency streambank restoration,
Gulf Intracoastal Waterway, Iberville Parish, Louisiana.
[[Page H3614]]
(3) Ouachita and black rivers, arkansas and louisiana.--
Projects for emergency streambank protection, Ouachita and
Black Rivers, Arkansas and Louisiana.
(4) Piney point lighthouse, st. mary's county, maryland.--
Project for emergency streambank protection, Piney Point
Lighthouse, St. Mary's County, Maryland.
(5) Pug hole lake, minnesota.--Project for emergency
streambank protection, Pug Hole Lake, Minnesota.
(6) Middle fork grand river, gentry county, missouri.--
Project for emergency streambank protection, Middle Fork
Grand River, Gentry County, Missouri.
(7) Platte river, platte city, missouri.--Project for
emergency streambank protection, Platte River, Platte City,
Missouri.
(8) Rush creek, parkville, missouri.--Project for emergency
streambank protection, Rush Creek, Parkville, Missouri,
including measures to address degradation of the creek bed.
(9) Dry and otter creeks, cortland county, new york.--
Project for emergency streambank protection, Dry and Otter
Creeks, Cortland County, New York.
(10) Keuka lake, hammondsport, new york.--Project for
emergency streambank protection, Keuka Lake, Hammondsport,
New York.
(11) Kowawese unique area and hudson river, new windsor,
new york.--Project for emergency streambank protection,
Kowawese Unique Area and Hudson River, New Windsor, New York.
(12) Owego creek, tioga county, new york.--Project for
emergency streambank protection, Owego Creek, Tioga County,
New York.
(13) Howard road outfall, shelby county, tennessee.--
Project for emergency streambank protection, Howard Road
outfall, Shelby County, Tennessee.
(14) Mitch farm ditch and lateral d, shelby county,
tennessee.--Project for emergency streambank protection,
Mitch Farm Ditch and Lateral D, Shelby County, Tennessee.
(15) Wolf river tributaries, shelby county, tennessee.--
Project for emergency streambank protection, Wolf River
tributaries, Shelby County, Tennessee.
(16) Johnson creek, arlington, texas.--Project for
emergency streambank protection, Johnson Creek, Arlington,
Texas.
(17) Wells river, newbury, vermont.--Project for emergency
streambank protection, Wells River, Newbury, Vermont.
SEC. 1004. SMALL PROJECTS FOR NAVIGATION.
(a) In General.--The Secretary shall conduct a study for
each of the following projects and, if the Secretary
determines that a project is feasible, may carry out the
project under section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577):
(1) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(2) East basin, cape cod canal, sandwich, massachusetts.--
Project for navigation, East Basin, Cape Cod Canal, Sandwich,
Massachusetts.
(3) Lynn harbor, lynn, massachusetts.--Project for
navigation, Lynn Harbor, Lynn, Massachusetts.
(4) Merrimack river, haverhill, massachusetts.--Project for
navigation, Merrimack River, Haverhill, Massachusetts.
(5) Oak bluffs harbor, oak bluffs, massachusetts.--Project
for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
(6) Woods hole great harbor, falmouth, massachusetts.--
Project for navigation, Woods Hole Great Harbor, Falmouth,
Massachusetts.
(7) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(8) Traverse city harbor, traverse city, michigan.--Project
for navigation, Traverse City Harbor, Traverse City,
Michigan.
(9) Tower harbor, tower, minnesota.--Project for
navigation, Tower Harbor, Tower, Minnesota.
(10) Olcott harbor, olcott, new york.--Project for
navigation, Olcott Harbor, Olcott, New York.
(b) Special Rules.--
(1) Traverse city harbor, traverse city, michigan.--The
Secretary shall review the locally prepared plan for the
project for navigation, Traverse City Harbor, Michigan,
referred to in subsection (a), and, if the Secretary
determines that the plan meets the evaluation and design
standards of the Corps of Engineers and that the plan is
feasible, the Secretary may use the plan to carry out the
project and shall provide credit toward the non-Federal share
of the cost of the project for the cost of work carried out
by the non-Federal interest before the date of the
partnership agreement for the project if the Secretary
determines that the work is integral to the project.
(2) Tower harbor, tower minnesota.--The Secretary shall
carry out the project for navigation, Tower Harbor, Tower,
Minnesota, referred to in subsection (a) if the Secretary
determines that the project is feasible.
SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under
section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a):
(1) Ballona creek, los angeles county, california.--Project
for improvement of the quality of the environment, Ballona
Creek, Los Angeles County, California.
(2) Ballona lagoon tide gates, marina del rey,
california.--Project for improvement of the quality of the
environment, Ballona Lagoon Tide Gates, Marina Del Rey,
California.
(3) Ft. george inlet, duval county, florida.--Project for
improvement of the quality of the environment, Ft. George
Inlet, Duval County, Florida.
(4) Rathbun lake, iowa.--Project for improvement of the
quality of the environment, Rathbun Lake, Iowa.
(5) Smithville lake, missouri.--Project for improvement of
the quality of the environment, Smithville Lake, Missouri.
(6) Delaware bay, new jersey and delaware.--Project for
improvement of the quality of the environment, Delaware Bay,
New Jersey and Delaware, for the purpose of oyster
restoration.
(7) Tioga-hammond lakes, pennsylvania.--Project for
improvement of the quality of the environment, Tioga-Hammond
Lakes, Pennsylvania.
SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
(a) In General.--The Secretary shall conduct a study for
each of the following projects and, if the Secretary
determines that a project is appropriate, may carry out the
project under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330):
(1) Cypress creek, montgomery, alabama.--Project for
aquatic ecosystem restoration, Cypress Creek, Montgomery,
Alabama.
(2) Black lake, alaska.--Project for aquatic ecosystem
restoration, Black Lake, Alaska, at the head of the Chignik
watershed.
(3) Ben lomond dam, santa cruz, california.--Project for
aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz,
California.
(4) Dockweiler bluffs, los angeles county, california.--
Project for aquatic ecosystem restoration, Dockweiler Bluffs,
Los Angeles County, California.
(5) Salt river, california.--Project for aquatic ecosystem
restoration, Salt River, California.
(6) Santa rosa creek, santa rosa, california.--Project for
aquatic ecosystem restoration, Santa Rosa Creek in the
vicinity of the Prince Memorial Greenway, Santa Rosa,
California.
(7) Stockton deep water ship channel and lower san joaquin
river, california.--Project for aquatic ecosystem
restoration, Stockton Deep Water Ship Channel and lower San
Joaquin River, California.
(8) Sweetwater reservoir, san diego county, california.--
Project for aquatic ecosystem restoration, Sweetwater
Reservoir, San Diego County, California, including efforts to
address aquatic nuisance species.
(9) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(10) Clam bayou and dinkins bayou, sanibel island,
florida.--Project for aquatic ecosystem restoration, Clam
Bayou and Dinkins Bayou, Sanibel Island, Florida.
(11) Chattahoochee fall line, georgia and alabama.--Project
for aquatic ecosystem restoration, Chattahoochee Fall Line,
Georgia and Alabama.
(12) Longwood cove, gainesville, georgia.--Project for
aquatic ecosystem restoration, Longwood Cove, Gainesville,
Georgia.
(13) City park, university lakes, louisiana.--Project for
aquatic ecosystem restoration, City Park, University Lakes,
Louisiana.
(14) Mill pond, littleton, massachusetts.--Project for
aquatic ecosystem restoration, Mill Pond, Littleton,
Massachusetts.
(15) Pine tree brook, milton, massachusetts.--Project for
aquatic ecosystem restoration, Pine Tree Brook, Milton,
Massachusetts.
(16) Rush lake, minnesota.--Project for aquatic ecosystem
restoration, Rush Lake, Minnesota.
(17) South fork of the crow river, hutchinson, minnesota.--
Project for aquatic ecosystem restoration, South Fork of the
Crow River, Hutchinson, Minnesota.
(18) St. louis, missouri.--Project for aquatic ecosystem
restoration, St. Louis, Missouri.
(19) Truckee river, reno, nevada.--Project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, including
features for fish passage for Washoe County.
(20) Grover's mill pond, new jersey.--Project for aquatic
ecosystem restoration, Grover's Mill Pond, New Jersey.
(21) Dugway creek, bratenahl, ohio.--Project for aquatic
ecosystem restoration, Dugway Creek, Bratenahl, Ohio.
(22) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(23) Beaver creek, beaver and salem, pennsylvania.--Project
for aquatic ecosystem restoration, Beaver Creek, Beaver and
Salem, Pennsylvania.
(24) Cementon dam, lehigh river, pennsylvania.--Project for
aquatic ecosystem restoration, Cementon Dam, Lehigh River,
Pennsylvania.
(25) Saucon creek, northampton county, pennsylvania.--
Project for aquatic ecosystem restoration, Saucon Creek,
Northampton County, Pennsylvania.
(26) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(27) Wilson branch, cheraw, south carolina.--Project for
aquatic ecosystem restoration, Wilson Branch, Cheraw, South
Carolina.
(28) White river, bethel, vermont.--Project for aquatic
ecosystem restoration, White River, Bethel, Vermont.
(b) Special Rule.--The Secretary shall carry out the
project for aquatic ecosystem restoration, Black Lake, Alaska
referred to in subsection (a) if the Secretary determines
that the project is feasible.
SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary
[[Page H3615]]
determines that a project is feasible, may carry out the
project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting
the shores of publicly owned property'', approved August 13,
1946 (33 U.S.C. 426g):
(1) Nelson lagoon, alaska.--Project for shoreline
protection, Nelson Lagoon, Alaska.
(2) Sanibel island, florida.--Project for shoreline
protection, Sanibel Island, Florida.
(3) Apra harbor, guam.--Project for shoreline protection,
Apra Harbor, Guam.
(4) Piti, cabras island, guam.--Project for shoreline
protection, Piti, Cabras Island, Guam.
(5) Narrows and gravesend bay, upper new york bay,
brooklyn, new york.--Project for shoreline protection in the
vicinity of the confluence of the Narrows and Gravesend Bay,
Upper New York Bay, Shore Parkway Greenway, Brooklyn, New
York.
(6) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for shoreline protection, Delaware
River in the vicinity of the Philadelphia Naval Shipyard,
Pennsylvania.
(7) Port aransas, texas.--Project for shoreline protection,
Port Aransas, Texas.
SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for the following
project and, if the Secretary determines that the project is
feasible, the Secretary may carry out the project under
section 2 of the Flood Control Act of August 28, 1937 (33
U.S.C. 701g): Project for removal of snags and clearing and
straightening of channels for flood control, Kowawese Unique
Area and Hudson River, New Windsor, New York.
TITLE II--GENERAL PROVISIONS
SEC. 2001. NON-FEDERAL CONTRIBUTIONS.
Section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213) is amended by adding at the end the
following:
``(n) Non-Federal Contributions.--
``(1) Prohibition on solicitation of excess
contributions.--The Secretary may not--
``(A) solicit contributions from non-Federal interests for
costs of constructing authorized water resources projects or
measures in excess of the non-Federal share assigned to the
appropriate project purposes listed in subsections (a), (b),
and (c); or
``(B) condition Federal participation in such projects or
measures on the receipt of such contributions.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect the Secretary's
authority under section 903(c).''.
SEC. 2002. HARBOR COST SHARING.
(a) Payments During Construction.--Section 101(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(1); 100 Stat. 4082) is amended in each of
subparagraphs (B) and (C) by striking ``45 feet'' and
inserting ``53 feet''.
(b) Operation and Maintenance.--Section 101(b)(1) of such
Act (33 U.S.C. 2211(b)(1)) is amended by striking ``45 feet''
and inserting ``53 feet''.
(c) Definitions.--Section 214 of such Act (33 U.S.C. 2241;
100 Stat. 4108) is amended in each of paragraphs (1) and (3)
by striking ``45 feet'' and inserting ``53 feet''.
(d) Applicability.--The amendments made by subsections (a),
(b), and (c) shall apply only to a project, or separable
element of a project, on which a contract for physical
construction has not been awarded before October 1, 2003.
(e) Revision of Partnership Agreement.--The Secretary shall
revise any partnership agreement entered into after October
1, 2003, for any project to which the amendments made by
subsections (a), (b), and (c) apply to take into account the
change in non-Federal participation in the project as a
result of such amendments.
SEC. 2003. FUNDING TO PROCESS PERMITS.
Section 214(c) of the Water Resources Development Act of
2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836;
119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197) is amended by
striking ``2008'' and inserting ``2010''.
SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
(a) Extension of Program.--Section 5(a) of the Act entitled
``An Act authorizing Federal participation in the cost of
protecting the shores of publicly owned property'', approved
August 13, 1946 (33 U.S.C. 426h(a)), is amended by striking
``7 years'' and inserting ``10 years''.
(b) Extension of Planning, Design, and Construction
Phase.--Section 5(b)(1)(A) of such Act (33 U.S.C.
426h(b)(1)(A)) is amended by striking ``3 years'' and
inserting ``6 years''.
(c) Cost Sharing; Removal of Projects.--Section 5(b) of
such Act (33 U.S.C. 426h(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Cost sharing.--The Secretary may enter into a cost
sharing agreement with a non-Federal interest to carry out a
project, or a phase of a project, under the erosion control
program in cooperation with the non-Federal interest.
``(4) Removal of projects.--The Secretary may pay all or a
portion of the costs of removing a project, or an element of
a project, constructed under the erosion control program if
the Secretary determines during the term of the program that
the project or element is detrimental to the environment,
private property, or public safety.''.
(d) Authorization of Appropriations.--Section 5(e)(2) of
such Act (33 U.S.C. 426h(e)(2)) is amended by striking
``$25,000,000'' and inserting ``$31,000,000''.
SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND PROTECTION
PROJECTS.
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 by striking ``$3,000,000'' and
inserting ``$5,000,000''.
SEC. 2006. AQUATIC ECOSYSTEM RESTORATION.
Section 206(e) of the Water Resources Development Act of
1996 (33 U.S.C. 2330) is amended by striking ``$25,000,000''
and inserting ``$40,000,000''.
SEC. 2007. SMALL FLOOD DAMAGE REDUCTION PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) is amended by striking ``$50,000,000'' and inserting
``$60,000,000''.
SEC. 2008. MODIFICATION OF PROJECTS FOR IMPROVEMENT OF THE
QUALITY OF THE ENVIRONMENT.
Section 1135(h) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(h)) is amended by striking
``$25,000,000'' and inserting ``$30,000,000''.
SEC. 2009. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) In General.--Section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) is amended--
(1) by striking ``Sec. 221'' and inserting the following:
``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES
PROJECTS.'';
(2) by striking subsection (a) and inserting the following:
``(a) Cooperation of Non-Federal Interest.--
``(1) In general.--After December 31, 1970, the
construction of any water resources project, or an acceptable
separable element thereof, by the Secretary of the Army,
acting through the Chief of Engineers, or by a non-Federal
interest where such interest will be reimbursed for such
construction under any provision of law, shall not be
commenced until each non-Federal interest has entered into a
written partnership agreement with the Secretary (or, where
appropriate, the district engineer for the district in which
the project will be carried out) under which each party
agrees to carry out its responsibilities and requirements for
implementation or construction of the project or the
appropriate element of the project, as the case may be;
except that no such agreement shall be required if the
Secretary determines that the administrative costs associated
with negotiating, executing, or administering the agreement
would exceed the amount of the contribution required from the
non-Federal interest and are less than $25,000.
``(2) Liquidated damages.--A partnership agreement
described in paragraph (1) may include a provision for
liquidated damages in the event of a failure of one or more
parties to perform.
``(3) Obligation of future appropriations.--In any
partnership agreement described in paragraph (1) and entered
into by a State, or a body politic of the State which derives
its powers from the State constitution, or a governmental
entity created by the State legislature, the agreement may
reflect that it does not obligate future appropriations for
such performance and payment when obligating future
appropriations would be inconsistent with constitutional or
statutory limitations of the State or a political subdivision
of the State.
``(4) Credit for in-kind contributions.--
``(A) In general.--A partnership agreement described in
paragraph (1) may provide with respect to a project that the
Secretary shall credit toward the non-Federal share of the
cost of the project, including a project implemented without
specific authorization in law, the value of in-kind
contributions made by the non-Federal interest,
including--
``(i) the costs of planning (including data collection),
design, management, mitigation, construction, and
construction services that are provided by the non-Federal
interest for implementation of the project;
``(ii) the value of materials or services provided before
execution of the partnership agreement, including efforts on
constructed elements incorporated into the project; and
``(iii) the value of materials and services provided after
execution of the partnership agreement.
``(B) Condition.--The Secretary shall credit an in-kind
contribution under subparagraph (A) if the Secretary
determines that the material or service provided as an in-
kind contribution is integral to the project.
``(C) Work performed before partnership agreement.--In any
case in which the non-Federal interest is to receive credit
under subparagraph (A)(ii) for the cost of work carried out
by the non-Federal interest and such work has not been
carried out as of the date of enactment of this subparagraph,
the Secretary and the non-Federal interest shall enter into
an agreement under which the non-Federal interest shall carry
out such work, and only work carried out following the
execution of the agreement shall be eligible for credit.
``(D) Limitations.--Credit authorized under this paragraph
for a project--
``(i) shall not exceed the non-Federal share of the cost of
the project;
``(ii) shall not alter any other requirement that a non-
Federal interest provide lands, easements or rights-of-way,
or areas for disposal of dredged material for the project;
``(iii) shall not alter any requirement that a non-Federal
interest pay a portion of the costs of construction of the
project under sections 101 and 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211; 33 U.S.C. 2213); and
``(iv) shall not exceed the actual and reasonable costs of
the materials, services, or other things provided by the non-
Federal interest, as determined by the Secretary.
``(E) Applicability.--
[[Page H3616]]
``(i) In general.--This paragraph shall apply to water
resources projects authorized after November 16, 1986,
including projects initiated after November 16, 1986, without
specific authorization in law.
``(ii) Limitation.--In any case in which a specific
provision of law provides for a non-Federal interest to
receive credit toward the non-Federal share of the cost of a
study for, or construction or operation and maintenance of, a
water resources project, the specific provision of law shall
apply instead of this paragraph.''.
(b) Non-Federal Interest.--Section 221(b) of such Act is
amended to read as follows:
``(b) Definition of Non-Federal Interest.--The term `non-
Federal interest' means a legally constituted public body
(including a federally recognized Indian tribe), and a
nonprofit entity with the consent of the affected local
government, that has full authority and capability to perform
the terms of its agreement and to pay damages, if necessary,
in the event of failure to perform.''.
(c) Program Administration.--Section 221 of such Act is
further amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(e) Delegation of Authority.--Not later than September
30, 2008, the Secretary shall issue policies and guidelines
for partnership agreements that delegate to the district
engineers, at a minimum--
``(1) the authority to approve any policy in a partnership
agreement that has appeared in an agreement previously
approved by the Secretary;
``(2) the authority to approve any policy in a partnership
agreement the specific terms of which are dictated by law or
by a final feasibility study, final environmental impact
statement, or other final decision document for a water
resources project;
``(3) the authority to approve any partnership agreement
that complies with the policies and guidelines issued by the
Secretary; and
``(4) the authority to sign any partnership agreement for
any water resources project unless, within 30 days of the
date of authorization of the project, the Secretary notifies
the district engineer in which the project will be carried
out that the Secretary wishes to retain the prerogative to
sign the partnership agreement for that project.
``(f) Report to Congress.--Not later than 2 years after the
date of enactment of this subsection, and every year
thereafter, the Secretary shall submit to Congress a report
detailing the following:
``(1) The number of partnership agreements signed by
district engineers and the number of partnership agreements
signed by the Secretary.
``(2) For any partnership agreement signed by the
Secretary, an explanation of why delegation to the district
engineer was not appropriate.
``(g) Public Availability.--Not later than 120 days after
the date of enactment of this subsection, the Chief of
Engineers shall--
``(1) ensure that each district engineer has made available
to the public, including on the Internet, all partnership
agreements entered into under this section within the
preceding 10 years and all partnership agreements for water
resources projects currently being carried out in that
district; and
``(2) make each partnership agreement entered into after
such date of enactment available to the public, including on
the Internet, not later than 7 days after the date on which
such agreement is entered into.''.
(d) Local Cooperation.--Section 912(b) of the Water
Resources Development Act of 1986 (101 Stat. 4190) is
amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it appears and
inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the following:
``payment of damages or, for'';
(B) by striking ``to collect a civil penalty imposed under
this section,''; and
(C) by striking ``any civil penalty imposed under this
section,'' and inserting ``any damages,''.
(e) Applicability.--The amendments made by subsections (a),
(b), and (d) only apply to partnership agreements entered
into after the date of enactment of this Act; except that, at
the request of a non-Federal interest for a project, the
district engineer for the district in which the project is
located may amend a project partnership agreement entered
into on or before such date and under which construction on
the project has not been initiated as of such date of
enactment for the purpose of incorporating such amendments.
(f) Partnership and Cooperative Arrangements; References.--
(1) In general.--A goal of agreements entered into under
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) shall be to further partnership and cooperative
arrangements, and the agreements shall be referred to as
``partnership agreements''.
(2) References to cooperation agreements.--Any reference in
a law, regulation, document, or other paper of the United
States to a ``cooperation agreement'' or ``project
cooperation agreement'' shall be deemed to be a reference to
a ``partnership agreement'' or a ``project partnership
agreement'', respectively.
(3) References to partnership agreements.--Any reference to
a ``partnership agreement'' or ``project partnership
agreement'' in this Act (other than this section) shall be
deemed to be a reference to a ``cooperation agreement'' or a
``project cooperation agreement'', respectively.
SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, AND
REUSE.
(a) In General.--The Secretary may provide to State and
local governments assessment, planning, and design assistance
for remediation, environmental restoration, or reuse of areas
located within the boundaries of such State or local
governments where such remediation, environmental
restoration, or reuse will contribute to the improvement of
water quality or the conservation of water and related
resources of drainage basins and watersheds within the United
States.
(b) Non-Federal Share.--The non-Federal share of the cost
of assistance provided under subsection (a) shall be 50
percent.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2008 through 2012.
SEC. 2011. COMPILATION OF LAWS.
(a) Compilation of Laws Enacted After November 8, 1966.--
Not later than one year after the date of enactment of this
Act, the Secretary and the Chief of Engineers shall prepare a
compilation of the laws of the United States relating to the
improvement of rivers and harbors, flood damage reduction,
beach and shoreline erosion, hurricane and storm damage
reduction, ecosystem and environmental restoration, and other
water resources development enacted after November 8, 1966,
and before January 1, 2008, and have such compilation printed
for the use of the Department of the Army, Congress, and the
general public.
(b) Reprint of Laws Enacted Before November 8, 1966.--The
Secretary shall have the volumes containing the laws referred
to in subsection (a) enacted before November 8, 1966,
reprinted.
(c) Index.--The Secretary shall include an index in each
volume compiled, and each volume reprinted, pursuant to this
section.
(d) Congressional Copies.--Not later than December 1, 2008,
the Secretary shall transmit at least 25 copies of each
volume compiled, and of each volume reprinted, pursuant to
this section to each of the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(e) Availability.--The Secretary shall ensure that each
volume compiled, and each volume reprinted, pursuant to this
section are available through electronic means, including the
Internet.
SEC. 2012. DREDGED MATERIAL DISPOSAL.
Section 217 of the Water Resources Development Act of 1996
(33 U.S.C. 2326a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Dredged Material Facility.--
``(1) In general.--The Secretary may enter into a
partnership agreement under section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b) with one or more non-Federal
interests with respect to a water resources project, or group
of water resources projects within a geographic region, if
appropriate, for the acquisition, design, construction,
management, or operation of a dredged material processing,
treatment, contaminant reduction, or disposal facility
(including any facility used to demonstrate potential
beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) using
funds provided in whole or in part by the Federal Government.
``(2) Performance.--One or more of the parties to a
partnership agreement under this subsection may perform the
acquisition, design, construction, management, or operation
of a dredged material processing, treatment, contaminant
reduction, or disposal facility.
``(3) Multiple projects.--If a facility to which this
subsection applies serves to manage dredged material from
multiple water resources projects located in the geographic
region of the facility, the Secretary may combine portions of
such projects with appropriate combined costsharing between
the various projects in a partnership agreement for the
facility under this subsection.
``(4) Specified federal funding sources and cost sharing.--
``(A) Specified federal funding.--A partnership agreement
with respect to a facility under this subsection shall
specify--
``(i) the Federal funding sources and combined cost-sharing
when applicable to multiple water resources projects; and
``(ii) the responsibilities and risks of each of the
parties relating to present and future dredged material
managed by the facility.
``(B) Management of sediments.--
``(i) In general.--A partnership agreement under this
subsection may include the management of sediments from the
maintenance dredging of Federal water resources projects that
do not have partnership agreements.
``(ii) Payments.--A partnership agreement under this
subsection may allow the non-Federal interest to receive
reimbursable payments from the Federal Government for
commitments made by the non-Federal interest for disposal or
placement capacity at dredged material processing, treatment,
contaminant reduction, or disposal facilities.
``(C) Credit.--A partnership agreement under this
subsection may allow costs incurred by the non-Federal
interest before execution of the partnership agreement to be
credited in accordance with section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)).
``(5) Credit.--
``(A) Effect on existing agreements.--Nothing in this
subsection supersedes or modifies an agreement in effect on
the date of enactment of this paragraph between the Federal
Government and any non-Federal interest for the cost-sharing,
construction, and operation and maintenance of a water
resources project.
[[Page H3617]]
``(B) Credit for funds.--Subject to the approval of the
Secretary and in accordance with law (including regulations
and policies) in effect on the date of enactment of this
paragraph, a non-Federal interest for a water resources
project may receive credit for funds provided for the
acquisition, design, construction, management, or operation
of a dredged material processing, treatment, contaminant
reduction, or disposal facility to the extent the facility is
used to manage dredged material from the project.
``(C) Non-federal interest responsibilities.--A non-Federal
interest entering into a partnership agreement under this
subsection for a facility shall--
``(i) be responsible for providing all necessary lands,
easements, rights-of-way, and relocations associated with the
facility; and
``(ii) receive credit toward the non-Federal share of the
cost of the project with respect to which the agreement is
being entered into for those items.''; and
(3) in paragraphs (1) and (2)(A) of subsection (d) (as
redesignated by paragraph (1))--
(A) by inserting ``and maintenance'' after ``operation''
each place it appears; and
(B) by inserting ``processing, treatment, contaminant
reduction, or'' after ``dredged material'' the first place it
appears in each of those paragraphs.
SEC. 2013. WETLANDS MITIGATION.
In carrying out a water resources project that involves
wetlands mitigation and that has impacts that occur within
the same watershed of a mitigation bank, the Secretary, to
the maximum extent practicable and where appropriate, shall
first consider the use of the mitigation bank if the bank
contains sufficient available credits to offset the impact
and the bank is approved in accordance with the Federal
Guidance for the Establishment, Use and Operation of
Mitigation Banks (60 Fed. Reg. 58605) or other applicable
Federal law (including regulations).
SEC. 2014. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) Mitigation Plan Contents.--Section 906(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(d)) is
amended by adding at the end the following:
``(3) Contents.--A mitigation plan shall include--
``(A) a description of the physical action to be undertaken
to achieve the mitigation objectives within the watershed in
which such losses occur and, in any case in which mitigation
must take place outside the watershed, a justification
detailing the rationale for undertaking the mitigation
outside of the watershed;
``(B) a description of the lands or interests in lands to
be acquired for mitigation and the basis for a determination
that such lands are available for acquisition;
``(C) the type, amount, and characteristics of the habitat
being restored;
``(D) success criteria for mitigation based on replacement
of lost functions and values of the habitat, including
hydrologic and vegetative characteristics; and
``(E) a plan for any necessary monitoring to determine the
success of the mitigation, including the cost and duration of
any monitoring and, to the extent practicable, the entities
responsible for any monitoring.
``(4) Responsibility for monitoring.--In any case in which
it is not practicable to identify in a mitigation plan for a
water resources project, the entity responsible for
monitoring at the time of a final report of the Chief of
Engineers or other final decision document for the project,
such entity shall be identified in the partnership agreement
entered into with the non-Federal interest.''.
(b) Status Report.--
(1) In general.--Concurrent with the President's submission
to Congress of the President's request for appropriations for
the Civil Works Program for a fiscal year, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the status of construction of projects that require
mitigation under section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283; 100 Stat. 4186) and
the status of such mitigation.
(2) Projects included.--The status report shall include the
status of all projects that are under construction, all
projects for which the President requests funding for the
next fiscal year, and all projects that have completed
construction, but have not completed the mitigation required
under section 906 of the Water Resources Development Act of
1986.
SEC. 2015. REMOTE AND SUBSISTENCE HARBORS.
(a) In General.--In conducting a study of harbor and
navigation improvements, the Secretary may recommend a
project without the need to demonstrate that the project is
justified solely by national economic development benefits if
the Secretary determines that--
(1)(A) the community to be served by the project is at
least 70 miles from the nearest surface accessible commercial
port and has no direct rail or highway link to another
community served by a surface accessible port or harbor; or
(B) the project would be located in the Commonwealth of
Puerto Rico, Guam, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, or American Samoa;
(2) the harbor is economically critical such that over 80
percent of the goods transported through the harbor would be
consumed within the community served by the harbor and
navigation improvement; and
(3) the long-term viability of the community would be
threatened without the harbor and navigation improvement.
(b) Justification.--In considering whether to recommend a
project under subsection (a), the Secretary shall consider
the benefits of the project to--
(1) public health and safety of the local community,
including access to facilities designed to protect public
health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the local population; and
(5) social and cultural value to the community.
SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL.
(a) In General.--Section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326) is amended by
striking subsections (c) through (g) and inserting the
following:
``(c) In General.--The Secretary may carry out projects to
transport and place sediment obtained in connection with the
construction, operation, or maintenance of an authorized
water resources project at locations selected by a non-
Federal entity for use in the construction, repair, or
rehabilitation of projects determined by the Secretary to be
in the public interest and associated with navigation, flood
damage reduction, hydroelectric power, municipal and
industrial water supply, agricultural water supply,
recreation, hurricane and storm damage reduction, aquatic
plant control, and environmental protection and restoration.
``(d) Cooperative Agreement.--Any project undertaken
pursuant to this section shall be initiated only after non-
Federal interests have entered into an agreement with the
Secretary in which the non-Federal interests agree to pay the
non-Federal share of the cost of construction of the project
and 100 percent of the cost of operation, maintenance,
replacement, and rehabilitation of the project in accordance
with section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213).
``(e) Special Rule.--Construction of a project under
subsection (a) for one or more of the purposes of protection,
restoration, or creation of aquatic and ecologically related
habitat, the cost of which does not exceed $750,000 and which
will be located in a disadvantaged community as determined by
the Secretary, may be carried out at Federal expense.
``(f) Determination of Construction Costs.--Costs
associated with construction of a project under this section
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 the authorized
water resources project in the most cos- effective way,
consistent with economic, engineering, and environmental
criteria.
``(g) Selection of Sediment Disposal Method.--In developing
and carrying out a water resources project involving the
disposal of sediment, 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 such 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. The
Federal share of such incremental costs shall be determined
in accordance with subsections (d) and (f).
``(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.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated $30,000,000 annually for projects under
this section of which not more than $3,000,000 annually may
be used for construction of projects described in subsection
(e). Such sums shall remain available until expended.
``(j) Regional Sediment Management Planning.--In
consultation with appropriate State and Federal agencies, the
Secretary may develop, at Federal expense, plans for regional
management of sediment obtained in conjunction with the
construction, operation, or maintenance of water resources
projects, including potential beneficial uses of sediment for
construction, repair, or rehabilitation of public projects
for navigation, flood damage reduction, hydroelectric power,
municipal and industrial water supply, agricultural water
supply, recreation, hurricane and storm damage reduction,
aquatic plant control, and environmental protection and
restoration.
``(k) Use of Funds.--
``(1) Non-federal interest.--The non-Federal interest for a
project described in this section may use, and the Secretary
shall accept, funds provided under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of the
cost of such project if such funds are authorized to be used
to carry out such project.
``(2) Other federal agencies.--The non-Federal share of the
cost of construction of a project under this section may be
met through contributions from a Federal agency made directly
to the Secretary, with the consent of the affected local
government, if such funds are authorized to be used to carry
out such project. Before initiating a project to which this
paragraph applies, the Secretary shall enter into an
agreement with a non-Federal interest in which the non-
Federal interest agrees to pay 100 percent of the cost of
operation, maintenance, replacement, and rehabilitation of
the project.''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Hold harmless.--The repeal made by paragraph (1) shall
not affect the authority of the Secretary to complete any
project being carried out under such section 145 on the day
before the date of enactment of this Act.
[[Page H3618]]
(c) Priority Areas.--In carrying out section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326), the
Secretary shall give priority to the following:
(1) A project at Little Rock Slackwater Harbor, Arkansas.
(2) A project at Egmont Key, Florida.
(3) A project in the vicinity of Calcasieu Ship Channel,
Louisiana.
(4) A project in the vicinity of the Smith Point Park
Pavilion and the TWA Flight 800 Memorial, Brookhaven, New
York.
(5) A project in the vicinity of Morehead City, North
Carolina.
(6) A project in the vicinity of Galveston Bay, Texas.
(7) A project at Benson Beach, Washington.
SEC. 2017. COST-SHARING PROVISIONS FOR CERTAIN AREAS.
Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310; 100 Stat. 4256) is amended to read as
follows:
``SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN AREAS.
``The Secretary shall waive local cost-sharing requirements
up to $500,000 for all studies and projects--
``(1) in the Commonwealth of Puerto Rico, American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, and
the United States Virgin Islands;
``(2) in Indian country (as defined in section 1151 of
title 18, United States Code, and including lands that are
within the jurisdictional area of an Oklahoma Indian tribe,
as determined by the Secretary of the Interior, and are
recognized by the Secretary of the Interior as eligible for
trust land status under part 151 of title 25, Code of Federal
Regulations); or
``(3) on land in the State of Alaska owned by an Alaska
Native Regional Corporation or an Alaska Native Village
Corporation (as those terms are defined in the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)) or the
Metlakatla Indian community.''.
SEC. 2018. USE OF OTHER FEDERAL FUNDS.
The non-Federal interest for a water resources study or
project may use, and the Secretary shall accept, funds
provided by a Federal agency under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of the
cost of the study or project if such funds are authorized to
be used to carry out the study or project.
SEC. 2019. REVISION OF PROJECT PARTNERSHIP AGREEMENT.
Upon authorization by law of an increase in the maximum
amount of Federal funds that may be allocated for a water
resources project or an increase in the total cost of a water
resources project authorized to be carried out by the
Secretary, the Secretary shall revise the partnership
agreement for the project to take into account the change in
Federal participation in the project.
SEC. 2020. COST SHARING.
An increase in the maximum amount of Federal funds that may
be allocated for a water resources project, or an increase in
the total cost of a water resources project, authorized to be
carried out by the Secretary shall not affect any cost-
sharing requirement applicable to the project.
SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD DAMAGE
REDUCTION.
The Secretary shall expedite any authorized planning,
design, and construction of any project for flood damage
reduction for an area that, within the preceding 5 years, has
been subject to flooding that resulted in the loss of life
and caused damage of sufficient severity and magnitude to
warrant a declaration of a major disaster by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--Section 729 of the Water Resources
Development Act of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-
2588; 100 Stat. 4164) is amended--
(1) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``;''; and
(C) by adding at the end the following:
``(6) Tuscarawas River Basin, Ohio;
``(7) Sauk River Basin, Snohomish and Skagit Counties,
Washington;
``(8) Niagara River Basin, New York;
``(9) Genesee River Basin, New York; and
``(10) White River Basin, Arkansas and Missouri.'';
(2) by striking paragraph (1) of subsection (f) and
inserting the following:
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section on or
after December 11, 2000, shall be 25 percent.''; and
(3) by striking subsection (g).
(b) Revision of Partnership Agreement.--The Secretary shall
revise the partnership agreement for any assessment being
carried out under such section 729 to take into account the
change in non-Federal participation in the assessment as a
result of the amendments made by subsection (a).
SEC. 2023. TRIBAL PARTNERSHIP PROGRAM.
(a) Scope.--Section 203(b)(1)(B) of the Water Resources
Development Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat.
2589) is amended by inserting after ``Code'' the following:
``, and including lands that are within the jurisdictional
area of an Oklahoma Indian tribe, as determined by the
Secretary of the Interior, and are recognized by the
Secretary of the Interior as eligible for trust land status
under part 151 of title 25, Code of Federal Regulations''.
(b) Authorization of Appropriations.--Section 203(e) of
such Act is amended by striking ``2006'' and inserting
``2012''.
SEC. 2024. 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. 2025. TECHNICAL ASSISTANCE.
Section 22 of the Water Resources Development Act of 1974
(42 U.S.C. 1962d-16) is amended--
(1) in subsection (a) by striking ``(a) The Secretary'' and
inserting the following:
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) by inserting after the last sentence in subsection (a)
the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental agency
or non-Federal interest, the Secretary may provide, at
Federal expense, technical assistance to such agency or non-
Federal interest in managing water resources.
``(B) Types of assistance.--Technical assistance under this
paragraph may include provision and integration of
hydrologic, economic, and environmental data and analyses.'';
(3) in subsection (b)(1) by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(3) by striking ``Up to \1/2\ of the''
and inserting ``The'';
(5) in subsection (c) by striking ``(c) There is'' and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(6) in subsection (c)(1) (as designated by paragraph (5))--
(A) by striking ``the provisions of this section'' and
inserting ``subsection (a)(1)''; and
(B) by striking ``$500,000'' and inserting ``$1,000,000'';
(7) by inserting at the end of subsection (c) the
following:
``(2) Technical assistance.--There is authorized to be
appropriated $5,000,000 annually to carry out subsection
(a)(2), of which not more than $2,000,000 annually may be
used by the Secretary to enter into cooperative agreements
with nonprofit organizations to provide assistance to rural
and small communities.'';
(8) by redesignating subsection (d) as subsection (e); and
(9) by inserting after subsection (c) the following:
``(d) Annual Submission of Proposed Activities.--Concurrent
with the President's submission to Congress of the
President's request for appropriations for the Civil Works
Program for a fiscal year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report describing the individual
activities proposed for funding under subsection (a)(1) for
that fiscal year.''.
SEC. 2026. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of
1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is
amended--
(1) by striking ``and'' at end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting a semicolon; and
(3) by adding at the end the following:
``(20) Kinkaid Lake, Jackson County, Illinois, removal of
silt and aquatic growth and measures to address excessive
sedimentation;
``(21) McCarter Pond, Borough of Fairhaven, New Jersey,
removal of silt and measures to address water quality;
``(22) Rogers Pond, Franklin Township, New Jersey, removal
of silt and restoration of structural integrity;
``(23) Greenwood Lake, New York and New Jersey, removal of
silt and aquatic growth;
``(24) Lake Rodgers, Creedmoor, North Carolina, removal of
silt and excessive nutrients and restoration of structural
integrity; and
``(25) Lake Luxembourg, Pennsylvania.''.
SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND
LOCAL ACTIONS.
(a) Notice of Intent.--Upon request of the non-Federal
interest in the form of a written notice of intent to
construct or modify a non-Federal water supply, wastewater
infrastructure, flood damage reduction, storm damage
reduction, ecosystem restoration, or navigation project that
requires the approval of the Secretary, the Secretary shall
initiate, subject to subsection (g)(1), procedures to
establish a schedule for consolidating Federal, State, and
local agency and Indian tribe environmental assessments,
project reviews, and issuance of all permits for the
construction or modification of the project. The non-Federal
interest shall submit to the Secretary, with the notice of
intent, studies and documentation, including environmental
reviews, that may be required by Federal law for
decisionmaking on the proposed project. All States and Indian
tribes having jurisdiction over the proposed project shall be
invited by the Secretary, but shall not be required, to
participate in carrying out this section with respect to the
project.
(b) Procedural Requirements.--Within 15 days after receipt
of notice under subsection (a), the Secretary shall publish
such notice in the Federal Register. The Secretary also shall
provide written notification of the receipt of a notice under
subsection (a) to all State and local agencies and Indian
tribes that may be required to issue permits for the
construction of the project or related activities. The
Secretary shall solicit the cooperation of those agencies and
request their entry into a memorandum of agreement described
in subsection (c) with respect to the project. Within 30 days
after publication of the notice in the Federal Register,
State and local agencies and Indian tribes that intend to
enter into the memorandum of agreement with respect to the
project shall notify the Secretary of their intent in
writing.
[[Page H3619]]
(c) Scheduling Agreement.--Within 90 days after the date of
receipt of notice under subsection (a) with respect to a
project, the Secretary of the Interior, the Secretary of
Commerce, and the Administrator of the Environmental
Protection Agency, as necessary, and any State or local
agencies that have notified the Secretary under subsection
(b) shall enter into an agreement with the Secretary
establishing a schedule of decisionmaking for approval of the
project and permits associated with the project and with
related activities.
(d) Contents of Agreement.--An agreement entered into under
subsection (c) with respect to a project, to the extent
practicable, shall consolidate hearing and comment periods,
procedures for data collection and report preparation, and
the environmental review and permitting processes associated
with the project and related activities. The agreement shall
detail, to the extent possible, the non-Federal interest's
responsibilities for data development and information that
may be necessary to process each permit required for the
project, including a schedule when the information and data
will be provided to the appropriate Federal, State, or local
agency or Indian tribe.
(e) Revision of Agreement.--The Secretary may revise an
agreement entered into under subsection (c) with respect to a
project once to extend the schedule to allow the non-Federal
interest the minimum amount of additional time necessary to
revise its original application to meet the objections of a
Federal, State, or local agency or Indian tribe that is a
party to the agreement.
(f) Final Decision.--Not later than the final day of a
schedule established by an agreement entered into under
subsection (c) with respect to a project, the Secretary shall
notify the non-Federal interest of the final decision on the
project and whether the permit or permits have been issued.
(g) Costs of Coordination.--The costs incurred by the
Secretary to establish and carry out a schedule to
consolidate Federal, State, and local agency and Indian tribe
environmental assessments, project reviews, and permit
issuance for a project under this section shall be paid by
the non-Federal interest.
(h) Report on Timesavings Methods.--Not later than 3 years
after the date of enactment of this section, the Secretary
shall prepare and transmit to Congress a report estimating
the time required for the issuance of all Federal, State,
local, and tribal permits for the construction of non-Federal
projects for water supply, wastewater infrastructure, flood
damage reduction, storm damage reduction, ecosystem
restoration, and navigation. The Secretary shall include in
that report recommendations for further reducing the amount
of time required for the issuance of those permits, including
any proposed changes in existing law.
SEC. 2028. PROJECT STREAMLINING.
(a) Policy.--The benefits of water resources projects are
important to the Nation's economy and environment, and
recommendations to Congress regarding such projects should
not be delayed due to uncoordinated or inefficient reviews or
the failure to timely resolve disputes during the development
of water resources projects.
(b) Scope.--This section shall apply to each study
initiated after the date of enactment of this Act to develop
a feasibility report under section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282), or a reevaluation
report, for a water resources project if the Secretary
determines that such study requires an environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Water Resources Project Review Process.--The Secretary
shall develop and implement a coordinated review process for
the development of water resources projects.
(d) Coordinated Reviews.--
(1) In general.--The coordinated review process under this
section shall provide that all reviews, analyses, opinions,
permits, licenses, and approvals that must be issued or made
by a Federal, State, or local government agency or Indian
tribe for the development of a water resources project
described in subsection (b) will be conducted, to the maximum
extent practicable, concurrently and completed within a time
period established by the Secretary, in cooperation with the
agencies identified under subsection (e) with respect to the
project.
(2) Agency participation.--Each Federal agency identified
under subsection (e) with respect to the development of a
water resources project shall formulate and implement
administrative policy and procedural mechanisms to enable the
agency to ensure completion of reviews, analyses, opinions,
permits, licenses, and approvals described in paragraph (1)
for the project in a timely and environmentally responsible
manner.
(e) Identification of Jurisdictional Agencies.--With
respect to the development of each water resources project,
the Secretary shall identify, as soon as practicable all
Federal, State, and local government agencies and Indian
tribes that may--
(1) have jurisdiction over the project;
(2) be required by law to conduct or issue a review,
analysis, or opinion for the project; or
(3) be required to make a determination on issuing a
permit, license, or approval for the project.
(f) State Authority.--If the coordinated review process is
being implemented under this section by the Secretary with
respect to the development of a water resources project
described in subsection (b) within the boundaries of a State,
the State, consistent with State law, may choose to
participate in the process and to make subject to the process
all State agencies that--
(1) have jurisdiction over the project;
(2) are required to conduct or issue a review, analysis, or
opinion for the project; or
(3) are required to make a determination on issuing a
permit, license, or approval for the project.
(g) Memorandum of Understanding.--The coordinated review
process developed under this section may be incorporated into
a memorandum of understanding for a water resources project
between the Secretary, the heads of Federal, State, and local
government agencies, Indian tribes identified under
subsection (e), and the non-Federal interest for the project.
(h) Effect of Failure to Meet Deadline.--
(1) Notification of congress and ceq.--If the Secretary
determines that a Federal, State, or local government agency,
Indian tribe, or non-Federal interest that is participating
in the coordinated review process under this section with
respect to the development of a water resources project has
not met a deadline established under subsection (d) for the
project, the Secretary shall notify, within 30 days of the
date of such determination, the Committee on Transportation
and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, the
Council on Environmental Quality, and the agency, Indian
tribe, or non-Federal interest involved about the failure to
meet the deadline.
(2) Agency report.--Not later than 30 days after the date
of receipt of a notice under paragraph (1), the Federal,
State, or local government agency, Indian tribe, or non-
Federal interest involved may submit a report to the
Secretary, the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Environment
and Public Works of the Senate, and the Council on
Environmental Quality explaining why the agency, Indian
tribe, or non-Federal interest did not meet the deadline and
what actions it intends to take to complete or issue the
required review, analysis, or opinion or determination on
issuing a permit, license, or approval.
(i) Purpose and Need and Determination of Reasonable
Alternatives.--
(1) In general.--The Secretary, as the Federal lead agency
responsible for carrying out a study for a water resources
project and the associated process for meeting the
requirements of the National Environmental Policy Act of
1969, shall--
(A) define the project's purpose and need for purposes of
any document which the Secretary is responsible for preparing
for the project and shall determine the range of alternatives
for consideration in any document which the Secretary is
responsible for preparing for the project; and
(B) determine, in collaboration with participating agencies
at appropriate times during the study process, the
methodologies to be used and the level of detail required in
the analysis of each alternative for the project.
(2) Preferred alternative.--At the discretion of the
Secretary, the preferred alternative for a project, after
being identified, may be developed to a higher level of
detail than other alternatives.
(j) Limitations.--Nothing in this section shall preempt or
interfere with--
(1) any statutory requirement for seeking public comment;
(2) any power, jurisdiction, or authority that a Federal,
State, or local government agency, Indian tribe, or non-
Federal interest has with respect to carrying out a water
resources project; or
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 and the regulations
issued by the Council on Environmental Quality to carry out
such Act.
SEC. 2029. COOPERATIVE AGREEMENTS.
(a) In General.--For the purpose of expediting the cost-
effective design and construction of wetlands restoration
that is part of an authorized water resources project, the
Secretary may enter into cooperative agreements under section
6305 of title 31, United States Code, with nonprofit
organizations with expertise in wetlands restoration to carry
out such design and construction on behalf of the Secretary.
(b) Limitations.--
(1) Per project limit.--A cooperative agreement under this
section shall not obligate the Secretary to pay the nonprofit
organization more than $1,000,000 for any single wetlands
restoration project.
(2) Annual limit.--The total value of work carried out
under cooperative agreements under this section may not
exceed $5,000,000 in any fiscal year.
SEC. 2030. TRAINING FUNDS.
(a) In General.--The Secretary may include individuals not
employed by the Department of the Army in training classes
and courses offered by the Corps of Engineers in any case in
which the Secretary determines that it is in the best
interest of the Federal Government to include those
individuals as participants.
(b) Expenses.--
(1) In general.--An individual not employed by the
Department of the Army attending a training class or course
described in subsection (a) shall pay the full cost of the
training provided to the individual.
(2) Payments.--Payments made by an individual for training
received under paragraph (1), up to the actual cost of the
training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriations account used for
paying training costs; and
(C) shall be available for use by the Secretary, without
further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph
(2) that are in excess of the actual cost of training
provided shall be credited as miscellaneous receipts to the
Treasury of the United States.
[[Page H3620]]
SEC. 2031. ACCESS TO WATER RESOURCE DATA.
(a) In General.--The Secretary shall carry out a program to
provide public access to water resources and related water
quality data in the custody of the Corps of Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in
water resources project development and regulation under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and
analytical techniques.
(c) Partnerships.--To the maximum extent practicable, in
carrying out activities under this section, the Secretary
shall develop partnerships, including cooperative agreements
with State, tribal, and local governments and other Federal
agencies.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each fiscal year.
SEC. 2032. SHORE PROTECTION PROJECTS.
(a) In General.--In accordance with the Act of July 3, 1930
(33 U.S.C. 426), and notwithstanding administrative actions,
it is the policy of the United States to promote beach
nourishment for the purposes of flood damage reduction and
hurricane and storm damage reduction and related research
that encourage the protection, restoration, and enhancement
of sandy beaches, including beach restoration and periodic
beach renourishment for a period of 50 years, on a
comprehensive and coordinated basis by the Federal
Government, States, localities, and private enterprises.
(b) Preference.--In carrying out the policy under
subsection (a), preference shall be given to--
(1) areas in which there has been a Federal investment of
funds for the purposes described in subsection (a); and
(2) areas with respect to which the need for prevention or
mitigation of damage to shores and beaches is attributable to
Federal navigation projects or other Federal activities.
(c) Applicability.--The Secretary shall apply the policy
under subsection (a) to each shore protection and beach
renourishment project (including shore protection and beach
renourishment projects constructed before the date of
enactment of this Act).
SEC. 2033. ABILITY TO PAY.
(a) Criteria and Procedures.--Section 103(m)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
2213(m)(2)) is amended by striking ``180 days after such date
of enactment'' and inserting ``September 30, 2007''.
(b) Projects.--The Secretary shall apply the criteria and
procedures referred to in section 103(m) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)) to the
following projects:
(1) St. johns bayou and new madrid floodway, missouri.--The
project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4118).
(2) Lower rio grande basin, texas.--The project for flood
control, Lower Rio Grande Basin, Texas, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4125).
(3) West virginia and pennsylvania projects.--The projects
for flood control authorized by section 581 of the Water
Resources Development Act of 1996 (110 Stat. 3790-3791).
SEC. 2034. LEASING AUTHORITY.
Section 4 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors
for flood control, and other purposes'', approved December
22, 1944 (16 U.S.C. 460d), is amended--
(1) by inserting ``federally recognized Indian tribes and''
before ``Federal'' the first place it appears;
(2) by inserting ``Indian tribes or'' after
``considerations, to such''; and
(3) by inserting ``federally recognized Indian tribe''
after ``That in any such lease or license to a''.
SEC. 2035. COST ESTIMATES.
The estimated Federal and non-Federal costs of projects
authorized to be carried out by the Secretary before, on, or
after the date of enactment of this Act are for informational
purposes only and shall not be interpreted as affecting the
cost sharing responsibilities established by law.
SEC. 2036. PROJECT PLANNING.
(a) Determination of Certain National Benefits.--
(1) Sense of congress.--It is the sense of Congress that,
consistent with the Economic and Environmental Principles and
Guidelines for Water and Related Land Resources
Implementation Studies (1983), the Secretary may select a
water resources project alternative that does not maximize
net national economic development benefits or net national
ecosystem restoration benefits if there is an overriding
reason based on other Federal, State, local, or international
concerns.
(2) Flood damage reduction, navigation, and hurricane storm
damage reduction projects.--With respect to a water resources
project the primary purpose of which is flood damage
reduction, navigation, or hurricane and storm damage
reduction, an overriding reason for selecting a plan other
than the plan that maximizes net national economic
development benefits may be if the Secretary determines, and
the non-Federal interest concurs, that an alternative plan is
feasible and achieves the project purposes while providing
greater ecosystem restoration benefits.
(3) Ecosystem restoration projects.--With respect to a
water resources project the primary purpose of which is
ecosystem restoration, an overriding reason for selecting a
plan other than the plan that maximizes net national
ecosystem restoration benefits may be if the Secretary
determines, and the non-Federal interest concurs, that an
alternative plan is feasible and achieves the project
purposes while providing greater economic development
benefits.
(b) Identifying Additional Benefits and Projects.--
(1) Primarily economic benefits.--In conducting a study of
the feasibility of a project where the primary benefits are
expected to be economic, the Secretary may identify ecosystem
restoration benefits that may be achieved in the study area
and, after obtaining the participation of a non-Federal
interest, may study and recommend construction of additional
measures, a separate project, or separable project element to
achieve those benefits.
(2) Primarily ecosystem restoration benefits.--In
conducting a study of the feasibility of a project where the
primary benefits are expected to be associated with ecosystem
restoration, the Secretary may identify economic benefits
that may be achieved in the study area and, after obtaining
the participation of a non-Federal interest, may study and
recommend construction of additional measures, a separate
project, or separable project element to achieve those
benefits.
(3) Rules applicable to certain measures, projects, and
elements.--Any additional measures, separate project, or
separable element identified under paragraph (1) or (2) and
recommended for construction shall not be considered integral
to the underlying project and, if authorized, shall be
subject to a separate partnership agreement, unless a non-
Federal interest agrees to share in the cost of the
additional measures, project, or separable element.
(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 any upstream or downstream impacts of
the proposed project; and
(3) calculations to ensure that the benefits and costs
associated with structural and nonstructural alternatives are
evaluated in an equitable manner.
SEC. 2037. INDEPENDENT PEER REVIEW.
(a) Project Studies Subject to Independent Peer Review.--
(1) In general.--Project studies shall be subject to a peer
review by an independent panel of experts as determined under
this section.
(2) Scope.--The peer review may include a review of the
economic and environmental assumptions and projections,
project evaluation data, economic analyses, environmental
analyses, engineering analyses, formulation of alternative
plans, methods for integrating risk and uncertainty, models
used in evaluation of economic or environmental impacts of
proposed projects, and any biological opinions of the project
study.
(3) Project studies subject to peer review.--
(A) Mandatory.--A project study shall be subject to peer
review under paragraph (1)--
(i) if the project has an estimated total cost of more than
$50,000,000, including mitigation costs, and is not
determined by the Chief of Engineers to be exempt from peer
review under paragraph (6); or
(ii) the Governor of an affected State requests a peer
review by an independent panel of experts.
(B) Discretionary.--A project study may be subject to peer
review if--
(i) the head of a Federal or State agency charged with
reviewing the project study determines that the project is
likely to have a significant adverse impact on environmental,
cultural, or other resources under the jurisdiction of the
agency after implementation of proposed mitigation plans and
requests a peer review by an independent panel of experts; or
(ii) the Chief of Engineers determines that the project
study is controversial.
(4) Controversial projects.--Upon receipt of a written
request under paragraph (3)(B) or on the initiative of the
Chief of Engineers, the Chief of Engineers shall determine
whether a project study is controversial.
(5) Factors to consider.--In determining whether a project
study is controversial, the Chief of Engineers shall consider
if--
(A) there is a significant public dispute as to the size,
nature, or effects of the project; or
(B) there is a significant public dispute as to the
economic or environmental costs or benefits of the project.
(6) Project studies excluded from peer review.--Project
studies that may be excluded from peer review under paragraph
(1) are--
(A) a study for a project the Chief of Engineers
determines--
(i) is not controversial;
(ii) has no more than negligible adverse impacts on scarce
or unique cultural, historic, or tribal resources;
(iii) has no substantial adverse impacts on fish and
wildlife species and their habitat prior to the
implementation of mitigation measures; and
(iv) has, before implementation of mitigation measures, no
more than a negligible adverse impact on a species listed as
endangered or threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1539 et seq.) or the critical habitat
of such species designated under such Act; and
(B) a study for a project pursued under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the
Flood Control Act of August 28, 1937 (33 U.S.C. 701g),
section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r), section 107(a) of the River and Harbor Act of
[[Page H3621]]
1960 (33 U.S.C. 577(a)), section 3 of the Act entitled
``An Act authorizing Federal participation in the cost of
protecting the shores of publicly owned property'',
approved August 13, 1946 (33 U.S.C. 426g), section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i), section
3 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved March 2, 1945 (33 U.S.C. 603a), section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C.
2309a), section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330), or section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326).
(7) Appeal.--The decision of the Chief of Engineers whether
to peer review a project study shall be published in the
Federal Register and shall be subject to appeal by a person
referred to in paragraph (3)(B)(i) or (3)(B)(ii) to the
Secretary of the Army if such appeal is made within the 30-
day period following the date of such publication.
(8) Determination of project cost.--For purposes of
determining the estimated total cost of a project under
paragraph (3)(A), the project cost shall be based upon the
reasonable estimates of the Chief of Engineers at the
completion of the reconnaissance study for the project. If
the reasonable estimate of project costs is subsequently
determined to be in excess of the amount in paragraph (3)(A),
the Chief of Engineers shall make a determination whether a
project study should be reviewed under this section.
(b) Timing of Peer Review.--The Chief of Engineers shall
determine the timing of a peer review of a project study
under subsection (a). In all cases, the peer review shall
occur during the period beginning on the date of the
completion of the reconnaissance study for the project and
ending on the date the draft report of the Chief of Engineers
for the project is made available for public comment. Where
the Chief of Engineers has not initiated a peer review of a
project study, the Chief of Engineers shall consider, at a
minimum, whether to initiate a peer review at the time that--
(1) the without-project conditions are identified;
(2) the array of alternatives to be considered are
identified; and
(3) the preferred alternative is identified.
Nothing in this subsection shall be construed to require the
Chief of Engineers to conduct multiple peer reviews for a
project study.
(c) Establishment of Panels.--
(1) In general.--For each project study subject to peer
review under subsection (a), as soon as practicable after the
Chief of Engineers determines that a project study will be
subject to peer review, the Chief of Engineers shall contract
with the National Academy of Sciences (or a similar
independent scientific and technical advisory organization),
or an eligible organization, to establish a panel of experts
to peer review the project study for technical and scientific
sufficiency.
(2) Membership.--A panel of experts established for a
project study under this section shall be composed of
independent experts who represent a balance of areas of
expertise suitable for the review being conducted.
(3) Limitation on appointments.--An individual may not be
selected to serve on a panel of experts established for a
project study under this section if the individual has a
financial or close professional association with any
organization or group with a strong financial or
organizational interest in the project.
(4) Congressional notification.--Upon identification of a
project study for peer review under this section, but prior
to initiation of any review, the Chief of Engineers shall
notify the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of such review.
(d) Duties of Panels.--A panel of experts established for a
peer review for a project study under this section shall,
consistent with the scope of the referral for review--
(1) conduct a peer review for the project study submitted
to the panel for review;
(2) assess the adequacy and acceptability of the economic
and environmental methods, models, and analyses used by the
Chief of Engineers;
(3) provide timely written and oral comments to the Chief
of Engineers throughout the development of the project study,
as requested; and
(4) submit to the Chief of Engineers a final report
containing the panel's economic, engineering, and
environmental analysis of the project study, including the
panel's assessment of the adequacy and acceptability of the
economic and environmental methods, models, and analyses used
by the Chief of Engineers, to accompany the publication of
the project study.
(e) Duration of Project Study Peer Reviews.--
(1) Deadline.--A panel of experts shall--
(A) complete its peer review under this section for a
project study and submit a report to the Chief of Engineers
under subsection (d)(4) within 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, such
period of time established by the Chief of Engineers, but in
no event later than 90 days after the date a draft project
study is made available for public review; and
(B) terminate on the date of submission of the report.
(2) Failure to meet deadline.--If a panel does not complete
its peer review of a project study under this section and
submit a report to the Chief of Engineers under subsection
(d)(4) on or before the deadline established by paragraph (1)
for the project study, the Chief of Engineers shall continue
the project study for the project that is subject to peer
review by the panel without delay.
(f) Recommendations of Panel.--
(1) Consideration by the chief of engineers.--After
receiving a report on a project study from a panel of experts
under this section and before entering a final record of
decision for the project, the Chief of Engineers shall
consider any recommendations contained in the report and
prepare a written response for any recommendations adopted or
not adopted.
(2) Public availability and transmittal to congress.--After
receiving a report on a project study from a panel of experts
under this section, the Chief of Engineers shall--
(A) make a copy of the report and any written response of
the Chief of Engineers on recommendations contained in the
report available to the public; and
(B) transmit to Congress a copy of the report, together
with any such written response, on the date of a final report
of the Chief of Engineers or other final decision document
for a project study that is subject to peer review by the
panel.
(g) Costs.--
(1) In general.--The costs of a panel of experts
established for a peer review under this section--
(A) shall be a Federal expense; and
(B) shall not exceed $500,000.
(2) Waiver.--The Chief of Engineers may waive the $500,000
limitation contained in paragraph (1)(B) in cases that the
Chief of Engineers determines appropriate.
(h) Applicability.--This section shall apply to--
(1) project studies initiated during the 2-year period
preceding the date of enactment of this Act and for which the
array of alternatives to be considered has not been
identified; and
(2) project studies initiated during the period beginning
on such date of enactment and ending 4 years after such date
of enactment.
(i) Report.--Within 4\1/2\ years of the date of enactment
of this section, the Chief of Engineers shall submit a report
to Congress on the implementation of this section.
(j) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any peer
review panel established under this section.
(k) Savings Clause.--Nothing in this section shall be
construed to affect any authority of the Chief of Engineers
to cause or conduct a peer review of a water resources
project existing on the date of enactment of this section.
(l) Definitions.--In this section, the following
definitions apply:
(1) Project study.--The term ``project study'' means a
feasibility study or reevaluation study for a project. The
term also includes any other study associated with a
modification or update of a project that includes an
environmental impact statement, including the environmental
impact statement.
(2) Affected state.--The term ``affected State'', as used
with respect to a project, means a State all or a portion of
which is within the drainage basin in which the project is or
would be located and would be economically or environmentally
affected as a consequence of the project.
(3) Eligible organization.--The term ``eligible
organization'' means an organization that--
(A) is described in section 501(c)(3), and exempt from
Federal tax under section 501(a), of the Internal Revenue
Code of 1986;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against Federal
water resources projects; and
(E) has experience in establishing and administering peer
review panels.
SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS.
(a) Studies.--
(1) Cost-sharing requirements.--Section 105(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)) is
amended by adding at the end the following:
``(3) Detailed project reports.--The requirements of this
subsection that apply to a feasibility study also shall apply
to a study that results in a detailed project report, except
that--
``(A) the first $100,000 of the costs of a study that
results in a detailed project report shall be a Federal
expense; and
``(B) paragraph (1)(C)(ii) shall not apply to such a
study.''.
(2) Planning and engineering.--Section 105(b) of such Act
(33 U.S.C. 2215(b)) is amended by striking ``authorized by
this Act''.
(3) Definitions.--Section 105 of such Act (33 U.S.C. 2215)
is amended by adding at the end the following:
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Detailed project report.--The term `detailed project
report' means a report for a project not specifically
authorized by Congress in law or otherwise that determines
the feasibility of the project with a level of detail
appropriate to the scope and complexity of the recommended
solution and sufficient to proceed directly to the
preparation of contract plans and specifications. The term
includes any associated environmental impact statement and
mitigation plan. For a project for which the Federal cost
does not exceed $1,000,000, the term includes a planning and
design analysis document.
``(2) Feasibility study.--The term `feasibility study'
means a study that results in a feasibility report under
section 905, and any associated environmental impact
statement and mitigation plan, prepared by the Corps of
Engineers for a water resources project. The term includes a
study that results in a project implementation report
prepared under title VI of the Water Resources Development
Act of 2000 (114 Stat. 2680-2694), a general reevaluation
report, and a limited reevaluation report.''.
(b) Reports.--
(1) Preparation.--Section 905(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(a)) is amended--
[[Page H3622]]
(A) by striking ``(a) In the case of any'' and inserting
the following:
``(a) Preparation of Reports.--
``(1) In general.--In the case of any'';
(B) by striking ``the Secretary, the Secretary shall'' and
inserting ``the Secretary that results in recommendations
concerning a project or the operation of a project and that
requires specific authorization by Congress in law or
otherwise, the Secretary shall perform a reconnaissance study
and'';
(C) by striking ``Such feasibility report'' and inserting
the following:
``(2) Contents of feasibility reports.--A feasibility
report'';
(D) by striking ``The feasibility report'' and inserting
``A feasibility report''; and
(E) by striking the last sentence and inserting the
following:
``(3) Applicability.--This subsection shall not apply to--
``(A) any study with respect to which a report has been
submitted to Congress before the date of enactment of this
Act;
``(B) any study for a project, which project is authorized
for construction by this Act and is not subject to section
903(b);
``(C) any study for a project which does not require
specific authorization by Congress in law or otherwise; and
``(D) general studies not intended to lead to
recommendation of a specific water resources project.
``(4) Feasibility report defined.--In this subsection, the
term `feasibility report' means each feasibility report, and
any associated environmental impact statement and mitigation
plan, prepared by the Corps of Engineers for a water
resources project. The term includes a project implementation
report prepared under title VI of the Water Resources
Development Act of 2000 (114 Stat. 2680-2694), a general
reevaluation report, and a limited reevaluation report.''.
(2) Projects not specifically authorized by congress.--
Section 905 of such Act is further amended--
(A) in subsection (b) by inserting ``Reconnaissance
Studies.--'' before ``Before initiating'';
(B) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(C) by inserting after subsection (b) the following:
``(c) Projects Not Specifically Authorized by Congress.--In
the case of any water resources project-related study
authorized to be undertaken by the Secretary without specific
authorization by Congress in law or otherwise, the Secretary
shall prepare a detailed project report.'';
(D) in subsection (d) (as so redesignated) by inserting
``Indian Tribes.--'' before ``For purposes of''; and
(E) in subsection (e) (as so redesignated) by inserting
``Standard and Uniform Procedures and Practices.--'' before
``The Secretary shall''.
SEC. 2039. OFFSHORE OIL AND GAS FABRICATION PORT.
(a) In General.--In conducting a feasibility study for the
project for navigation, Atchafalaya River, Bayous Chene,
Boeuf, and Black, Louisiana, being conducted under section
430 of the Water Resources Development Act of 2000 (114 Stat.
2639), the Secretary shall include in the calculation of
national economic development benefits all economic benefits
associated with contracts for new energy exploration and
contracts for the fabrication of energy infrastructure that
would result from carrying out the project.
(b) Repeal.--Section 6009 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 282) is
repealed.
SEC. 2040. USE OF FIRMS EMPLOYING LOCAL RESIDENTS.
(a) Contracts or Agreements With Private Entities.--In
carrying out construction of a water resources project, the
Secretary may enter into a contract or agreement with a
private entity only if the private entity provides assurances
satisfactory to the Secretary that, to the maximum extent
practicable--
(1) local residents in the area of the project will
comprise not less than 50 percent of the workforce employed
by the entity to perform the contract or agreement; and
(2) local residents in the area of the project will
comprise not less than 50 percent of the workforce employed
by each subcontractor at each tier in connection with the
contract or agreement.
(b) Exemptions.--
(1) In general.--The Secretary may waive the application of
subsection (a) with respect to a contract or agreement if the
Secretary determines that compliance with subsection (a) is
not feasible due to--
(A) a lack of qualified local residents to permit
satisfaction of the requirements of subsection (a);
(B) a lack of sufficient numbers of specialized workers
necessary to carry out the project; or
(C) the need to comply with small business or minority
contracting requirements under Federal law.
(2) Documentation.--Any determination by the Secretary
under paragraph (1) to waive the application of subsection
(a) with respect to a contract or agreement shall be
justified in writing.
(c) Regulations.--The Secretary shall issue regulations
establishing local residency and other requirements to
facilitate compliance with this section.
(d) Prior Contracts.--Nothing in this section shall be
construed to affect any contract or agreement entered into
before the effective date of this section.
(e) Effective Date.--This section shall become effective
180 days after the date of enactment of this Act.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. COOK INLET, ALASKA.
Section 118(a)(3) of the Energy and Water Development
Appropriations Act, 2005 (title I of division C of the
Consolidated Appropriations Act, 2005; 118 Stat. 2945) is
amended by inserting ``as part of the operation and
maintenance of such project modification'' after ``by the
Secretary''.
SEC. 3002. KING COVE HARBOR, ALASKA.
The maximum amount of Federal funds that may be expended
for the project for navigation, King Cove Harbor, Alaska,
being carried out under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), shall be $8,000,000.
SEC. 3003. SITKA, ALASKA.
The Sitka, Alaska, element of the project for navigation,
Southeast Alaska Harbors of Refuge, Alaska, authorized by
section 101(1) of the Water Resources Development Act of 1992
(106 Stat. 4801), is modified to direct the Secretary to take
such action as is necessary to correct design deficiencies in
the Sitka Harbor Breakwater, at full Federal expense. The
estimated cost is $6,300,000.
SEC. 3004. TATITLEK, ALASKA.
The maximum amount of Federal funds that may be expended
for the project for navigation, Tatitlek, Alaska, being
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), shall be $10,000,000.
SEC. 3005. 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. 3006. OSCEOLA HARBOR, ARKANSAS.
(a) In General.--The project for navigation, Osceola
Harbor, Arkansas, constructed under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577), is modified to allow
non-Federal interests to construct a mooring facility within
the existing authorized harbor channel, subject to all
necessary permits, certifications, and other requirements.
(b) Limitation on Statutory Construction.--Nothing in this
section shall be construed as affecting the responsibility of
the Secretary to maintain the general navigation features of
the project at a bottom width of 250 feet.
SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS.
The Pine Mountain Dam feature of the project for flood
protection, Lee Creek, Arkansas and Oklahoma, authorized by
section 204 of the Flood Control Act of 1965 (79 Stat. 1078),
is modified--
(1) to add environmental restoration as a project purpose;
and
(2) to direct the Secretary to finance the non-Federal
share of the cost of the project over a 30-year period in
accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA. .
(a) In General.--The project for flood control, American
and Sacramento Rivers, California, authorized by section
101(a)(6)(A) of the Water Resources Development Act of 1999
(113 Stat. 274), as modified by section 128 of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2259),
is further modified to authorize the Secretary to construct
the auxiliary spillway generally in accordance with the Post
Authorization Change Report, American River Watershed Project
(Folsom Dam Modification and Folsom Dam Raise Projects),
dated December 2006, at a total cost of $683,000,000, with an
estimated Federal cost of $444,000,000 and an estimated non-
Federal cost of $239,000,000.
(b) Dam Safety Activities.--Nothing in this section shall
be construed to limit the authority of the Secretary of the
Interior to carry out dam safety activities in connection
with the auxiliary spillway in accordance with the Bureau of
Reclamation Safety of Dams Program.
(c) Transfer of Funds.--The Secretary and the Secretary of
the Interior are authorized to transfer between their
respective agencies appropriated amounts and other available
funds (including funds contributed by non-Federal interests)
for the purpose of planning, design, and construction of the
auxiliary spillway. Any transfer made pursuant to this
subsection shall be subject to such terms and conditions as
agreed upon by the Secretary and the Secretary of the
Interior.
SEC. 3009. COMPTON CREEK, CALIFORNIA.
The project for flood control, Los Angeles Drainage Area,
California, authorized by section 101(b) of the Water
Resources Development Act of 1990 (104 Stat. 4611), is
modified to add environmental restoration and recreation as
project purposes.
SEC. 3010. GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA.
The project for aquatic ecosystem restoration, Grayson
Creek/Murderer's Creek, California, being carried out under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA.
The project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water Resources Development Act of 1999 (113 Stat. 279), is
modified to direct the Secretary to construct the project
substantially in accordance with the report of the
[[Page H3623]]
Chief of Engineers dated July 19, 2004, at a total cost of
$228,100,000, with an estimated Federal cost of $171,100,000
and an estimated non-Federal cost of $57,000,000.
SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON SHIP
CHANNEL, CALIFORNIA.
The project for navigation, San Francisco to Stockton,
California, authorized by section 301 of the River and Harbor
Act of 1965 (79 Stat. 1091) is modified--
(1) to provide that the non-Federal share of the cost of
the John F. Baldwin Ship Channel and Stockton Ship Channel
element of the project may be provided in the form of in-kind
services and materials; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of such element the cost of
planning and design work carried out by the non-Federal
interest before the date of an agreement for such planning
and design if the Secretary determines that such work is
integral to such element.
SEC. 3013. KAWEAH RIVER, CALIFORNIA.
The project for flood control, Terminus Dam, Kaweah River,
California, authorized by section 101(b)(5) of the Water
Resources Development Act of 1996 (110 Stat. 3658), is
modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project, or provide
reimbursement not to exceed $800,000, for the costs of any
work carried out by the non-Federal interest before, on, or
after the date of the project partnership agreement if the
Secretary determines that the work is integral to the
project.
SEC. 3014. LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA.
The project for navigation, Larkspur Ferry Channel,
Larkspur, California, authorized by section 601(d) of the
Water Resources Development Act of 1986 (100 Stat. 4148), is
modified to direct the Secretary to determine whether
maintenance of the project is feasible, and if the Secretary
determines that maintenance of the project is feasible, to
carry out such maintenance.
SEC. 3015. LLAGAS CREEK, CALIFORNIA.
(a) In General.--The project for flood damage reduction,
Llagas Creek, California, authorized by section 501(a) of the
Water Resources Development Act of 1999 (113 Stat. 333), is
modified to authorize the Secretary to carry out the project
at a total cost of $105,000,000, with an estimated Federal
cost of $65,000,000, and an estimated non-Federal cost of
$40,000,000.
(b) Special Rule.--In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184) to the extent that the Secretary's
evaluation indicates that applying such section is necessary
to implement the project.
SEC. 3016. MAGPIE CREEK, CALIFORNIA.
(a) In General.--The project for Magpie Creek, California,
authorized under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s), is modified to direct the Secretary to
apply the cost-sharing requirements of section 103(b) of the
Water Resources Development Act of 1986 (100 Stat. 4085) for
the portion of the project consisting of land acquisition to
preserve and enhance existing floodwater storage.
(b) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of planning
and design work carried out by the non-Federal interest
before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the
project.
SEC. 3017. PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA.
The project for aquatic ecosystem restoration, Pacific
Flyway Center, Sacramento, California, being carried out
under section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330), is modified to authorize the Secretary
to expend $2,000,000 to enhance public access to the project.
SEC. 3018. PINOLE CREEK, CALIFORNIA.
The project for improvement of the quality of the
environment, Pinole Creek Phase I, California, being carried
out under section 1135 of the Water Resources Development Act
of 1986 (33 U.S.C. 2309a), is modified to direct the
Secretary to credit toward the non-Federal share of the cost
of the project the cost of work carried out by the non-
Federal interest before the date of the partnership agreement
for the project if the Secretary determines that the work is
integral to the project.
SEC. 3019. PRADO DAM, CALIFORNIA.
Upon completion of the modifications to the Prado Dam
element of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4113), the
Memorandum of Agreement for the Operation for Prado Dam for
Seasonal Additional Water Conservation between the Department
of the Army and the Orange County Water District (including
all the conditions and stipulations in the memorandum) shall
remain in effect for volumes of water made available prior to
such modifications.
SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL,
CALIFORNIA.
(a) Determination of Federal Costs Paid by Non-Federal
Interest.--
(1) Federal costs paid by non-federal interest.--The
Secretary shall determine the amount paid by the Sacramento
Area Flood Control Agency towards the Federal share of the
cost of the project for the Natomas levee features authorized
by section 9159(b) of the Department of Defense
Appropriations Act, 1993 (106 Stat. 1944) of the project for
flood control and recreation, Sacramento and American Rivers,
California.
(2) Reimbursements to non-federal interest.--The Secretary
shall determine the amount of reimbursements paid to the
Sacramento Flood Control Agency for payment of the Federal
share of the cost of the project referred to in paragraph
(1).
(3) Determination of federal share.--In carrying out
paragraph (1), the Secretary shall include in the total cost
of the project all costs of the following activities that the
Secretary determines to be integral to the project:
(A) Planning, engineering, and construction.
(B) Acquisition of project lands, easements, and rights-of-
way.
(C) Performance of relocations.
(D) Environmental mitigation for all project elements.
(b) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any flood damage reduction
project, authorized before the date of enactment of this Act,
for which the non-Federal interest is the Sacramento Area
Flood Control Agency an amount equal to the total amount
determined under subsection (a)(1) reduced by the amount
determined under subsection (a)(2).
(2) Allocation of credit.--The Secretary shall allocate the
amount to be credited under paragraph (1) toward the non-
Federal share of such projects as are requested by the
Sacramento Area Flood Control Agency.
SEC. 3021. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship
Channel, California, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4092), is
modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of planning
and design work carried out by the non-Federal interest
before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the
project.
SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA.
The project for navigation, Santa Cruz Harbor, California,
authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 300) and modified by section 809 of the Water
Resources Development Act of 1986 (100 Stat. 4168) and
section 526 of the Water Resources Development Act of 1999
(113 Stat. 346), is modified to direct the Secretary--
(1) to renegotiate the memorandum of agreement with the
non-Federal interest to increase the annual payment to
reflect the updated cost of operation and maintenance that is
the Federal and non-Federal share as provided by law based on
the project purpose; and
(2) to revise the memorandum of agreement to include terms
that revise such payments for inflation.
SEC. 3023. SEVEN OAKS DAM, CALIFORNIA.
The project for flood control, Santa Ana Mainstem,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4113) and modified by
section 104 of the Energy and Water Development
Appropriations Act, 1988 (101 Stat. 1329-11), section 102(e)
of the Water Resources Development Act of 1990 (104 Stat.
4611), and section 311 of the Water Resources Development Act
of 1996 (110 Stat. 3713), is further modified to direct the
Secretary to conduct a study for the reallocation of water
storage at the Seven Oaks Dam, California, for water
conservation.
SEC. 3024. 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.
SEC. 3025. WALNUT CREEK CHANNEL, CALIFORNIA.
The project for aquatic ecosystem restoration, Walnut Creek
Channel, California, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330),
is modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project; and
(2) to authorize the Secretary to consider national
ecosystem restoration benefits in determining the Federal
interest in the project.
SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA.
The project for improvement of the quality of the
environment, Wildcat/San Pablo Creek Phase I, California,
being carried out under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a), is modified to
direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of work carried out by
the non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA.
The project for aquatic ecosystem restoration, Wildcat/San
Pablo Creek Phase II, California, being carried out under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), is modified to direct the Secretary to
credit toward the non-Federal share of the cost of the
project the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project and to authorize the Secretary to consider
national ecosystem restoration benefits
[[Page H3624]]
in determining the Federal interest in the project.
SEC. 3028. YUBA RIVER BASIN PROJECT, CALIFORNIA.
The project for flood damage reduction, Yuba River Basin,
California, authorized by section 101(a)(10) of the Water
Resources Development Act of 1999 (113 Stat. 275), is
modified--
(1) to authorize the Secretary to construct the project at
a total cost of $107,700,000, with an estimated Federal cost
of $70,000,000 and an estimated non-Federal cost of
$37,700,000; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3029. SOUTH PLATTE RIVER BASIN, COLORADO.
Section 808 of the Water Resources Development Act of 1986
(100 Stat. 4168) is amended by striking ``agriculture,'' and
inserting ``agriculture, environmental restoration,''.
SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE RIVER TO
CHESAPEAKE BAY, DELAWARE AND MARYLAND.
The project for navigation, Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, authorized by
the first section of the Rivers and Harbors Act of August 30,
1935 (49 Stat. 1030), and section 101 of the River and Harbor
Act of 1954 (68 Stat. 1249), is modified to add recreation as
a project purpose.
SEC. 3031. BREVARD COUNTY, FLORIDA.
(a) Shoreline.--The project for shoreline protection,
Brevard County, Florida, authorized by section 101(b)(7) of
the Water Resources Development Act of 1996 (110 Stat. 3667),
is modified--
(1) to direct the Secretary to establish the reach of the
project as the reach between the Florida department of
environmental protection monuments 75.4 to 118.3, a distance
of 7.6 miles; and
(2) to direct the Secretary to expedite the general
reevaluation report required by section 418 of the Water
Resources Development Act of 2000 (114 Stat. 2637).
(b) Credit.--Section 310 of the Water Resources Development
Act of 1999 (113 Stat. 301) is amended by adding at the end
the following:
``(d) Credit.--After completion of the study, the Secretary
shall credit toward the non-Federal share of the cost of the
project for shore protection the cost of nourishment and
renourishment associated with the project for shore
protection incurred by the non-Federal interest to respond to
damages to Brevard County beaches that are the result of a
Federal navigation project, as determined in the final report
for the study.''.
SEC. 3032. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.
The project for shore protection, Broward County and
Hillsboro Inlet, Florida, authorized by section 301 of the
River and Harbor Act of 1965 (79 Stat. 1090), and modified by
section 311 of the Water Resources Development Act of 1999
(113 Stat. 301), is further modified to direct the Secretary
to credit toward the non-Federal share of the cost of the
project the cost of mitigation construction and derelict
erosion control structure removal carried out by the non-
Federal interest before the date of the partnership agreement
for the project if the Secretary determines that the work is
integral to the project.
SEC. 3033. CANAVERAL HARBOR, FLORIDA.
In carrying out the project for navigation, Canaveral
Harbor, Florida, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1174), the Secretary shall
construct a sediment trap.
SEC. 3034. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero
Island segments, Lee County, Florida, authorized by section
201 of the Flood Control Act of 1965 (79 Stat. 1073), by
Senate Resolution dated December 17, 1970, and by House
Resolution dated December 15, 1970, and modified by section
309 of the Water Resources Development Act of 2000 (114 Stat.
2602), is further modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest before
the date of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 3035. JACKSONVILLE HARBOR, FLORIDA.
(a) In General.--The project for navigation, Jacksonville
Harbor, Florida, authorized by section 101(a)(17) of the
Water Resources Development Act of 1999 (113 Stat. 276), is
modified to authorize the Secretary to extend the navigation
features in accordance with the Report of the Chief of
Engineers, dated July 22, 2003, at a total cost of
$14,658,000, with an estimated Federal cost of $9,636,000 and
an estimated non-Federal cost of $5,022,000.
(b) General Reevaluation Reports.--The non-Federal share of
the cost of the general reevaluation report that resulted in
the report of the Chief of Engineers for the project and the
non-Federal share of the cost of the general reevaluation
report for Jacksonville Harbor, Florida, being conducted on
June 1, 2005, shall each be the same percentage as the non-
Federal share of the cost of construction of the project.
(c) Agreement.--The Secretary shall enter into new
partnership agreements with the non-Federal interest to
reflect the cost sharing required by subsection (b).
SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA.
(a) In General.--The project for shore protection, Lido Key
Beach, Sarasota, Florida, authorized by section 101 of the
River and Harbor Act of 1970 (84 Stat. 1819), deauthorized
under section 1001(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 579a(b)), and reauthorized by section
364(2)(A) of the Water Resources Development Act of 1999 (113
Stat. 313), is modified to direct the Secretary to construct
the project substantially in accordance with the report of
the Chief of Engineers dated December 22, 2004, at a total
cost of $15,190,000, with an estimated Federal cost of
$9,320,000 and an estimated non-Federal cost of $5,870,000,
and at an estimated total cost of $65,000,000 for periodic
nourishment over the 50-year life of the project.
(b) Construction of Shoreline Protection Projects by Non-
Federal Interests.--The Secretary shall enter into a
partnership agreement with the non-Federal interest in
accordance with section 206 of the Water Resources
Development Act of 1992 (33 U.S.C. 426i-1) for the modified
project.
SEC. 3037. MIAMI HARBOR, FLORIDA.
The project for navigation, Miami Harbor Channel, Florida,
authorized by section 101(a)(9) of the Water Resources
Development Act of 1990 (104 Stat. 4606) and modified by
section 315 of the Water Resources Development Act of 1999
(113 Stat. 302), is further modified--
(1) to include as a project purpose environmental
mitigation required before July 18, 2003, by a Federal,
State, or local environmental agency for unauthorized or
unanticipated environmental impacts within, or in the
vicinity of, the authorized project; and
(2) to direct the Secretary to reimburse the non-Federal
interest for the Federal share of the costs the non-Federal
interest has incurred in construction of the project
(including environmental mitigation costs and costs incurred
for incomplete usable increments of the project) in
accordance with section 204 of the Water Resources
Development Act of 1986 (33 U.S.C. 2232).
SEC. 3038. PEANUT ISLAND, FLORIDA.
The maximum amount of Federal funds that may be expended
for the project for improvement of the quality of the
environment, Peanut Island, Palm Beach County, Florida, being
carried out under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) shall be
$9,750,000.
SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.
The project for navigation, Tampa Harbor-Big Bend Channel,
Florida, authorized by section 101(a)(18) of the Water
Resources Development Act of 1999 (113 Stat. 276) is modified
to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of planning,
design, and construction work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 3040. TAMPA HARBOR CUT B, FLORIDA.
(a) In General.--The project for navigation, Tampa Harbor,
Florida, authorized by section 101 of the River and Harbor
Act of 1970 (84 Stat. 1818), is modified to authorize the
Secretary to construct passing lanes in an area approximately
3.5 miles long and centered on Tampa Harbor Cut B if the
Secretary determines that such improvements are necessary for
navigation safety.
(b) General Reevaulation Report.--The non-Federal share of
the cost of the general reevaluation report for Tampa Harbor,
Florida, being conducted on June 1, 2005, shall be the same
percentage as the non-Federal share of the cost of
construction of the project.
(c) Agreement.--The Secretary shall enter into a new
partnership agreement with the non-Federal interest to
reflect the cost sharing required by subsection (b).
SEC. 3041. ALLATOONA LAKE, GEORGIA.
(a) Land Exchange.--
(1) In general.--The Secretary may exchange lands 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 lands on the north side of Allatoona Lake that are
needed for wildlife management and for 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 so
that lands exchanged are of equal value.
(b) Disposal and Acquisition of Lands, Allatoona Lake,
Georgia.--
(1) In general.--The Secretary may also sell lands above
863 feet in elevation at Allatoona Lake, Georgia, identified
in the memorandum referred to in subsection (a)(1) and may
use the proceeds to pay costs associated with the purchase of
lands needed for wildlife management and for protection of
the water quality and overall environment of Allatoona Lake.
(2) Terms and conditions.--Land sales and purchases to be
conducted under this subsection shall be subject to the
following terms and conditions:
(A) Lands acquired under this subsection shall be by
negotiated purchase from willing sellers only.
(B) The basis for all transactions under the program shall
be a fair market appraisal acceptable to the Secretary.
(C) The purchasers shall share in the associated real
estate costs, to include surveys and associated fees in
accordance with the memorandum referred to in subsection
(a)(1).
(D) Any other conditions that the Secretary may impose.
(c) Repeal.--Section 325 of the Water Resources Development
Act of 1992 (106 Stat. 4849) is repealed.
SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEORGIA.
The maximum amount of Federal funds that may be expended
for the project for improvement of the quality of the
environment, Latham River, Glynn County, Georgia, being
carried out under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) shall be
$6,175,000.
[[Page H3625]]
SEC. 3043. DWORSHAK DAM AND RESERVOIR IMPROVEMENTS, IDAHO.
The Secretary may carry out improvements to recreational
facilities at the Dworshak Dam and Reservoir, North Fork,
Clearwater River, Idaho, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1193), to accommodate
lower pool levels.
SEC. 3044. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN,
ILLINOIS.
(a) In General.--The project for navigation, Muscooten Bay,
Illinois River, Beardstown Community Boat Harbor, Beardstown,
Illinois, constructed under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577), is modified--
(1) to include the channel between the harbor and the
Illinois River; and
(2) to direct the Secretary to enter into a partnership
agreement with the city of Beardstown to replace the local
cooperation agreement dated August 18, 1983, with the
Beardstown Community Park District.
(b) Terms of Partnership Agreement.--The partnership
agreement referred to in subsection (a) shall include the
same rights and responsibilities as the local cooperation
agreement dated August 18, 1983, changing only the identity
of the non-Federal sponsor.
(c) Maintenance.--Following execution of the partnership
agreement referred to in subsection (a), the Secretary may
carry out maintenance of the project referred to in
subsection (a) on an annual basis.
SEC. 3045. CACHE RIVER LEVEE, ILLINOIS.
The Cache River Levee constructed for flood control at the
Cache River, Illinois, and authorized by the Act of June 28,
1938 (52 Stat. 1217), is modified to add environmental
restoration as a project purpose.
SEC. 3046. CHICAGO RIVER, ILLINOIS.
The navigation channel for the North Branch Canal portion
of the Chicago River, authorized by the first section of the
Rivers and Harbors Appropriations Act of March 3, 1899 (30
Stat. 1129), extending from 100 feet downstream of the
Halsted Street Bridge to 100 feet upstream of the Division
Street Bridge is modified to be no wider than 66 feet.
SEC. 3047. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS
PROJECT, ILLINOIS.
(a) Treatment as Single Project.--The Chicago Sanitary and
Ship Canal Dispersal Barrier Project (in this section
referred to as ``Barrier I'') (as in existence on the date of
enactment of this Act), constructed as a demonstration
project under section 1202(i)(3) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)(3)), and the project relating to the Chicago Sanitary
and Ship Canal Dispersal Barrier, authorized by section 345
of the District of Columbia Appropriations Act, 2005 (Public
Law 108-335; 118 Stat. 1352) (in this section referred to as
``Barrier II''), shall be considered to constitute a single
project.
(b) Authorization.--
(1) In general.--The Secretary, at Federal expense, shall--
(A) upgrade and make permanent Barrier I;
(B) construct Barrier II, notwithstanding the project
cooperation agreement with the State of Illinois dated June
14, 2005;
(C) operate and maintain Barrier I and Barrier II as a
system to optimize effectiveness;
(D) conduct, in consultation with appropriate Federal,
State, local, and nongovernmental entities, a study of a
range of options and technologies for reducing impacts of
hazards that may reduce the efficacy of the Barriers; and
(E) provide to each State a credit in an amount equal to
the amount of funds contributed by the State toward Barrier
II.
(2) Use of credit.--A State may apply a credit provided to
the State under paragraph (1)(E) to any cost sharing
responsibility for an existing or future Federal project
carried out by the Secretary in the State.
(c) Conforming Amendment.--Section 345 of the District of
Columbia Appropriations Act, 2005 (Public Law 108-335; 118
Stat. 1352), is amended to read as follows:
``SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIER, ILLINOIS.
``There are authorized to be appropriated such sums as may
be necessary to carry out the Barrier II 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).''.
(d) Feasibility Study.--The Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental
entities, shall conduct, at Federal expense, a feasibility
study of the range of options and technologies available to
prevent the spread of aquatic nuisance species between the
Great Lakes and Mississippi River Basins through the Chicago
Sanitary and Ship Canal and other pathways.
SEC. 3048. EMIQUON, ILLINOIS.
(a) Maximum Amount.--The maximum amount of Federal funds
that may be expended for the project for aquatic ecosystem
restoration, Emiquon, Illinois, being carried out under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), shall be $7,500,000.
(b) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance
under section 5(a) of the Act entitled ``An Act authorizing
the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved
August 18, 1941 (33 U.S.C. 701n).
SEC. 3049. LASALLE, ILLINOIS.
In carrying out section 312 of the Water Resources
Development Act of 1990 (104 Stat. 4639-4640), the Secretary
shall give priority to work in the vicinity of LaSalle,
Illinois, on the Illinois and Michigan Canal.
SEC. 3050. SPUNKY BOTTOMS, ILLINOIS.
(a) Project Purpose.--The project for flood control, Spunky
Bottoms, Illinois, authorized by section 5 of the Flood
Control Act of June 22, 1936 (49 Stat. 1583), is modified to
add environmental restoration as a project purpose.
(b) Maximum Amount.--The maximum amount of Federal funds
that may be expended for the project for improvement of the
quality of the environment, Spunky Bottoms, Illinois, being
carried out under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a), shall be
$7,500,000.
(c) Limitation.--Nothing in this section shall affect the
eligibility of the project for emergency repair assistance
under section 5(a) of the Act entitled ``An Act authorizing
the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved
August 18, 1941 (33 U.S.C. 701n).
SEC. 3051. FORT WAYNE AND VICINITY, INDIANA.
The project for flood control Fort Wayne, St. Mary's and
Maumee Rivers, Indiana, authorized by section 101(a)(11) of
the Water Resources Development Act of 1990 (104 Stat. 4604),
is modified--
(1) to direct the Secretary to provide a 100-year level of
flood protection at the Berry-Thieme, Park-Thompson,
Woodhurst, and Tillman sites along the St. Mary's River, Fort
Wayne and vicinity, Indiana, at a total cost of $5,300,000;
and
(2) to allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of
the Water Resources Development Act of 1986 (100 Stat. 4184)
to the extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
SEC. 3052. KOONTZ LAKE, INDIANA.
The project for aquatic ecosystem restoration, Koontz Lake,
Indiana, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) and
modified by section 520 of the Water Resources Development
Act of 2000 (114 Stat. 2655), is further modified to direct
the Secretary to seek to reduce the cost of the project by
using innovative technologies and cost reduction measures
determined from a review of non-Federal lake dredging
projects in the vicinity of Koontz Lake.
SEC. 3053. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of
White River, Indiana, authorized by section 5 of the Act
entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for
other purposes'', approved June 22, 1936 (49 Stat. 1586), and
modified by section 323 of the Water Resources Development
Act of 1996 (110 Stat. 3716) and section 322 of the Water
Resources Development Act of 1999 (113 Stat. 303-304), is
further modified--
(1) to authorize the Secretary to undertake the riverfront
alterations described in the Central Indianapolis Waterfront
Concept Plan, dated February 1994, for the Fall Creek Reach
feature at a total cost of $28,545,000; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 3054. DES MOINES RIVER AND GREENBELT, IOWA.
The project for the Des Moines Recreational River and
Greenbelt, Iowa, authorized by Public Law 99-88 and modified
by section 604 of the Water Resources Development Act of 1986
(100 Stat. 4153), is modified to include enhanced public
access and recreational enhancements, at a Federal cost of
$3,000,000.
SEC. 3055. PRESTONSBURG, KENTUCKY.
The Prestonsburg, Kentucky, element of the project for
flood control, Levisa and Tug Fork of the Big Sandy and
Cumberland Rivers, West Virginia, Virginia, and Kentucky,
authorized by section 202(a) of the Energy and Water
Development Appropriations Act, 1981 (94 Stat. 1339), is
modified to direct the Secretary to take measures to provide
a 100-year level of flood protection for the city of
Prestonsburg.
SEC. 3056. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON
ROUGE PARISH WATERSHED.
The project for flood damage reduction and recreation,
Amite River and Tributaries, Louisiana, East Baton Rouge
Parish Watershed, authorized by section 101(a)(21) of the
Water Resources Development Act of 1999 (113 Stat. 277) and
modified by section 116 of division D of Public Law 108-7
(117 Stat. 140), is further modified--
(1) to direct the Secretary to carry out the project with
the cost sharing for the project determined in accordance
with section 103(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(a)), as in effect on October 11, 1996;
(2) to authorize the Secretary to construct the project at
a total cost of $187,000,000; and
(3) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 3057. ATCHAFALAYA BASIN, LOUISIANA.
(a) In General.--Section 315(a)(1) of the Water Resources
Development Act of 2000 (114 Stat. 2603-2604) is amended to
read as follows:
``(1) is authorized to study, design, construct, operate,
and maintain, at Federal expense, a Type A Regional Visitor
Center in the vicinity of Morgan City, Louisiana, in
consultation with the State of Louisiana, to provide
information to the public on the Atchafalaya River system and
other associated waterways that have influenced surrounding
communities, and national
[[Page H3626]]
and local water resources development of the Army Corps of
Engineers in South Central Louisiana; and''.
(b) Technical Correction.--Section 315(b) of such Act is
amended by striking ``(a)'' and inserting ``(a)(2)''.
(c) Donations.--Section 315 of such Act is amended by
adding at the end the following:
``(c) Donations.--In carrying out subsection (a)(1), the
Mississippi River Commission is authorized to accept the
donation of cash, funds, lands, materials, and services from
non-Federal governmental entities and nonprofit
corporations.''.
SEC. 3058. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The public access feature of the Atchafalaya Basin Floodway
System project, Louisiana, authorized by section 601(a) of
the Water Resources Development Act 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 within the
Lower Atchafalaya Basin Floodway for the public access
feature of the Atchafalaya Basin Floodway System, to enhance
fish and wildlife resources, at a total cost of $4,000,000.
SEC. 3059. BAYOU PLAQUEMINE, LOUISIANA.
The project for the improvement of the quality of the
environment, Bayou Plaquemine, Louisiana, being carried out
under section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a), is modified to direct the Secretary
to credit toward the non-Federal share of the cost of the
project the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 3060. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI RIVER TO
SHREVEPORT, LOUISIANA.
The project for mitigation of fish and wildlife losses, J.
Bennett Johnston Waterway, Mississippi River to Shreveport,
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. 2572), is further
modified--
(1) to authorize the purchase and reforesting of lands that
have been cleared or converted to agricultural uses; and
(2) to incorporate current wildlife and forestry management
practices for the purpose of improving species diversity on
mitigation lands that meet Federal and State of Louisiana
habitat goals and objectives.
SEC. 3061. MELVILLE, LOUISIANA.
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 the town
of Melville, Louisiana, as one of the alternative sites''.
SEC. 3062. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized
as part of the project for hurricane-flood protection on Lake
Pontchartrain, Louisiana, by section 204 of the Flood Control
Act of 1965 (79 Stat. 1077) and modified by section 365 of
the Water Resources Development Act of 1996 (110 Stat. 3739),
is further modified to direct the Secretary to credit toward
the non-Federal share of the cost of the project the costs of
relocating oyster beds in the Davis Pond project area if the
Secretary determines that the work is integral to the
Mississippi Delta Region project.
SEC. 3063. NEW ORLEANS TO VENICE, LOUISIANA.
The New Orleans to Venice, Louisiana, project for hurricane
protection, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1184), is modified to authorize the
Secretary to carry out the work on the St. Jude to City
Price, Upper Reach A back levee. The Federal share of the
cost of such work shall be 70 percent.
SEC. 3064. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY
CANAL), LOUISIANA.
Section 328 of the Water Resources Development Act of 1999
(113 Stat. 304-305) is amended--
(1) in subsection (a)--
(A) by striking ``operation and maintenance'' and inserting
``operation, maintenance, rehabilitation, repair, and
replacement''; and
(B) by striking ``Algiers Channel'' and inserting ``Algiers
Canal Levees''; and
(2) by adding at the end the following:
``(c) Cost Sharing.--The non-Federal share of the cost of
the project shall be 35 percent.''.
SEC. 3065. CAMP ELLIS, SACO, MAINE.
The maximum amount of Federal funds that may be expended
for the project being carried out under section 111 of the
River and Harbor Act of 1968 (33 U.S.C. 426i) for the
mitigation of shore damages attributable to the project for
navigation, Camp Ellis, Saco, Maine, shall be $26,900,000.
SEC. 3066. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN.
(a) In General.--The project for emergency streambank and
shoreline protection, Detroit River Shoreline, Detroit,
Michigan, being carried out under section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r), is modified to include
measures to enhance public access.
(b) Maximum Federal Expenditure.--The maximum amount of
Federal funds that may be expended for the project shall be
$3,000,000.
SEC. 3067. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
Section 426 of the Water Resources Development Act of 1999
(113 Stat. 326) is amended to read as follows:
``SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Management plan.--The term `management plan' means
the management plan for the St. Clair River and Lake St.
Clair, Michigan, that is in effect as of the date of
enactment of the Water Resources Development Act of 2006.
``(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, 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) In-kind services.--The non-Federal share of the cost
of technical assistance under subsection (c), the cost of
planning, design, and construction of a project under
subsection (c), and the cost of development of supplementary
information under subsection (d) 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 required 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 interest 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. 3068. ST. JOSEPH HARBOR, MICHIGAN.
The Secretary shall expedite development of the dredged
material management plan for the project for navigation, St.
Joseph Harbor, Michigan, authorized by section 101 of the
River and Harbor Act of 1958 (72 Stat. 299).
SEC. 3069. SAULT SAINTE MARIE, MICHIGAN.
(a) In General.--The text of section 1149 of the Water
Resources Development Act of 1986 (100 Stat. 4254) is amended
to read as follows:
``The Secretary shall construct at Federal expense a second
lock, of a width not less than 110 feet and a length not less
than 1,200 feet, adjacent to the existing lock at Sault
Sainte Marie, Michigan, generally in accordance with the
report of the Board of Engineers for Rivers and Harbors,
dated May 19, 1986, and the limited reevaluation report dated
February 2004 at a total cost of $341,714,000.''.
(b) Conforming Repeals.--The following provisions are
repealed:
(1) Section 107(a)(8) of the Water Resources Development
Act of 1990 (104 Stat. 4620).
(2) Section 330 of the Water Resources Development Act of
1996 (110 Stat. 3717-3718).
(3) Section 330 of the Water Resources Development Act of
1999 (113 Stat. 305).
SEC. 3070. ADA, MINNESOTA.
(a) In General.--The project for flood damage reduction,
Wild Rice River, Ada, Minnesota, being carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), is modified to authorize the Secretary to consider
national
[[Page H3627]]
ecosystem restoration benefits in determining the Federal
interest in the project.
(b) Evaluation of Benefits and Costs.--In evaluating the
economic benefits and costs for the project, the Secretary
shall not consider the emergency levee adjacent to Judicial
Ditch No. 51 in the determination of conditions existing
prior to construction of the project.
(c) Special Rule.--In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184) to the extent that the Secretary's
evaluation indicates that applying such section is necessary
to implement the project.
SEC. 3071. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.
(a) In General.--The project for navigation, Duluth Harbor,
McQuade Road, Minnesota, being carried out under section 107
of the River and Harbor Act of 1960 (33 U.S.C. 577) and
modified by section 321 of the Water Resources Development
Act of 2000 (114 Stat. 2605), is further modified to
authorize the Secretary to provide public access and
recreational facilities as generally described in the
Detailed Project Report and Environmental Assessment, McQuade
Road Harbor of Refuge, Duluth, Minnesota, dated August 1999.
(b) Credit.--The Secretary shall provide credit toward the
non-Federal share of the cost of the project for the costs of
design work carried out before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
(c) Maximum Federal Expenditure.--The maximum amount of
Federal funds that may be expended for the project shall be
$9,000,000.
SEC. 3072. GRAND MARAIS, MINNESOTA.
The project for navigation, Grand Marais, Minnesota,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577) is modified to direct the Secretary to
provide credit toward the non-Federal share of the cost of
the project the cost of design work carried out before the
date of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 3073. GRAND PORTAGE HARBOR, MINNESOTA.
The Secretary shall provide credit toward the non-Federal
share of the cost of the navigation project for Grand Portage
Harbor, Minnesota, carried out under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577), for the costs of
design work carried out before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 3074. GRANITE FALLS, MINNESOTA.
(a) In General.--The Secretary is directed to implement
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) the locally preferred plan for flood damage reduction,
Granite Falls, Minnesota, substantially in accordance with
the detailed project report dated 2002, at a total cost of
$12,000,000, with an estimated Federal cost of $8,000,000 and
an estimated non-Federal cost of $4,000,000.
(b) Project Financing.--In evaluating and implementing the
project under this section, the Secretary shall allow the
non-Federal interests to participate in the financing of the
project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184), to the
extent that the detailed project report evaluation indicates
that applying such section is necessary to implement the
project.
(c) Credit.--The Secretary shall credit toward the non-
Federal share of the project the cost of design and
construction work carried out by the non-Federal interest
before the date of execution of a partnership agreement for
the project if the Secretary determines that the work is
integral to the project.
(d) Maximum Funding.--The maximum amount of Federal funds
that may be expended for the flood damage reduction shall be
$8,000,000.
SEC. 3075. KNIFE RIVER HARBOR, MINNESOTA.
The project for navigation, Harbor at Knife River,
Minnesota, authorized by section 2 of the Rivers and Harbors
Act of March 2, 1945 (59 Stat. 19), is modified to direct the
Secretary to develop a final design and prepare plans and
specifications to correct the harbor entrance and mooring
conditions at the project.
SEC. 3076. RED LAKE RIVER, MINNESOTA.
The project for flood control, Red Lake River, Crookston,
Minnesota, authorized by section 101(a)(23) of the Water
Resources Development Act of 1999 (113 Stat. 278), is
modified to include flood protection for the adjacent and
interconnected areas generally known as the Sampson and
Chase/Loring neighborhoods, in accordance with the
feasibility report supplement for local flood protection,
Crookston, Minnesota, at a total cost of $25,000,000, with an
estimated Federal cost of $16,250,000 and an estimated non-
Federal cost of $8,750,000.
SEC. 3077. SILVER BAY, MINNESOTA.
The project for navigation, Silver Bay, Minnesota,
authorized by section 2 of the Rivers and Harbors Act of
March 2, 1945 (59 Stat. 19), is modified to include operation
and maintenance of the general navigation facilities as a
Federal responsibility.
SEC. 3078. TACONITE HARBOR, MINNESOTA.
The project for navigation, Taconite Harbor, Minnesota,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), is modified to include operation and
maintenance of the general navigation facilities as a Federal
responsibility.
SEC. 3079. TWO HARBORS, MINNESOTA.
(a) In General.--The project for navigation, Two Harbors,
Minnesota, being carried out under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577), is modified to
include construction of a dredged material disposal facility,
including actions required to clear the site.
(b) Lands, Easements, and Rights-of-Way.--Non-Federal
interests shall be responsible for providing all lands,
easements, rights-of-way, and relocations necessary for the
construction of the dredged material disposal facility.
(c) Maximum Federal Expenditure.--The maximum amount of
Federal funds that may be expended for the project shall be
$5,000,000.
SEC. 3080. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI.
The project for ecosystem restoration, Deer Island,
Harrison County, Mississippi, being carried out under section
204 of the Water Resources Development Act of 1992 (33 U.S.C.
2326), is modified to authorize the non-Federal interest to
provide any portion of the non-Federal share of the cost of
the project in the form of in-kind services and materials.
SEC. 3081. PEARL RIVER BASIN, MISSISSIPPI.
(a) In General.--The Secretary shall complete a feasibility
study for the project for flood damage reduction, Pearl River
Watershed, Mississippi.
(b) Comparison of Alternatives.--The feasibility study
shall identify both the plan that maximizes national economic
development benefits and the locally preferred plan and shall
compare the level of flood damage reduction provided by each
plan to that portion of Jackson, Mississippi, located below
the Ross Barnett Reservoir Dam.
(c) Recommended Plan.--If the Secretary determines that the
locally preferred plan provides a level of flood damage
reduction that is equal to or greater than the level of flood
damage reduction provided by the national economic
development plan and the locally preferred plan is
technically feasible and environmentally protective, the
Secretary shall recommend construction of the locally
preferred plan.
(d) Evaluation of Project Cost.--For the purposes of
determining compliance with the first section of the Flood
Control Act of June 22, 1936 (33 U.S.C. 701a), the Secretary
shall consider only the costs of the national economic
development plan and shall exclude incremental costs
associated with the locally preferred plan that are in excess
of such costs if the non-Federal interest agrees to pay 100
percent of such incremental costs.
(e) Non-Federal Cost Share.--If the locally preferred plan
is authorized for construction, the non-Federal share of the
cost of the project shall be the same percentage as the non-
Federal share of the cost of the national economic
development plan plus all additional costs of construction
associated with the locally preferred plan.
SEC. 3082. FESTUS AND CRYSTAL CITY, MISSOURI.
Section 102(b)(1) of the Water Resources Development Act of
1999 (113 Stat. 282) is amended by striking ``$10,000,000''
and inserting ``$12,000,000''.
SEC. 3083. 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. 3084. MONARCH-CHESTERFIELD, MISSOURI.
The project for flood damage reduction, Monarch-
Chesterfield, Missouri, authorized by section 101(b)(18) of
the Water Resources Development Act of 2000 (114 Stat. 2578),
is modified to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of the
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 3085. RIVER DES PERES, MISSOURI.
The projects for flood control, River Des Peres, Missouri,
authorized by section 101(a)(17) of the Water Resources
Development Act of 1990 (104 Stat. 4607) and section 102(13)
of the Water Resources Development Act of 1996 (110 Stat.
3668), are each modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the
cost of work carried out by the non-Federal interest before
the date of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project.
SEC. 3086. ANTELOPE CREEK, LINCOLN, NEBRASKA.
The project for flood damage reduction, Antelope Creek,
Lincoln, Nebraska, authorized by section 101(b)(19) of the
Water Resources Development Act of 2000 (114 Stat. 2578), is
modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of design
and construction work carried out by the non-Federal interest
before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the
project; and
(2) to allow the non-Federal interest for the project to
use, and to direct the Secretary to accept, funds provided
under any other Federal program, to satisfy, in whole or in
part, the non-Federal share of the project if such funds are
authorized to be used to carry out the project.
SEC. 3087. SAND CREEK WATERSHED, WAHOO, NEBRASKA.
The project for ecosystem restoration and flood damage
reduction, Sand Creek watershed, Wahoo, Nebraska, authorized
by section 101(b)(20) of the Water Resources Development Act
of 2000 (114 Stat. 2578), is modified--
[[Page H3628]]
(1) to direct the Secretary to provide credit toward the
non-Federal share of the cost of the project or reimbursement
for the costs of any work that has been or will be performed
by the non-Federal interest before, on, or after the approval
of the project partnership agreement, including work
performed by the non-Federal interest in connection with the
design and construction of 7 upstream detention storage
structures, if the Secretary determines that the work is
integral to the project;
(2) to require that in-kind work to be credited under
paragraph (1) be subject to audit; and
(3) to direct the Secretary to accept advance funds from
the non-Federal interest as needed to maintain the project
schedule.
SEC. 3088. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW
JERSEY.
The project for navigation mitigation, ecosystem
restoration, shore protection, and hurricane and storm damage
reduction, Lower Cape May Meadows, Cape May Point, New
Jersey, authorized by section 101(a)(25) of the Water
Resources Development Act of 1999 (113 Stat. 278), is
modified to incorporate the project for shoreline erosion
control, Cape May Point, New Jersey, carried out under
section 5 of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33
U.S.C. 426h), if the Secretary determines that such
incorporation is feasible.
SEC. 3089. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
The project for flood control, Passaic River, New Jersey
and New York, authorized by section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607) and
modified by section 327 of the Water Resources Development
Act of 2000 (114 Stat. 2607), is further modified to direct
the Secretary to include the benefits and costs of preserving
natural flood storage in any future economic analysis of the
project.
SEC. 3090. BUFFALO HARBOR, NEW YORK.
The project for navigation, Buffalo Harbor, New York,
authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1176), is modified to include measures to enhance
public access, at Federal cost of $500,000.
SEC. 3091. ORCHARD BEACH, BRONX, NEW YORK.
Section 554 of the Water Resources Development Act of 1996
(110 Stat. 3781) is amended by striking ``maximum Federal
cost of $5,200,000'' and inserting ``total cost of
$20,000,000''.
SEC. 3092. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW
JERSEY.
The navigation project, Port of New York and New Jersey,
New York and New Jersey, authorized by section 101(a)(2) of
the Water Resources Development Act of 2000 (114 Stat. 2576),
is modified--
(1) to authorize the Secretary to allow the non-Federal
interest to construct a temporary dredged material storage
facility to receive dredged material from the project if--
(A) the non-Federal interest submits, in writing, a list of
potential sites for the temporary storage facility to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Environment and Public
Works of the Senate, and the Secretary at least 180 days
before the selection of the final site; and
(B) at least 70 percent of the dredged material generated
in connection with the project suitable for beneficial reuse
will be used at sites in the State of New Jersey to the
extent that there are sufficient sites available; and
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of
construction of the temporary storage facility if the
Secretary determines that the work is integral to the
project.
SEC. 3093. NEW YORK STATE CANAL SYSTEM.
Section 553(c) of the Water Resources Development Act of
1996 (110 Stat. 3781) is amended to read as follows:
``(c) New York State Canal System Defined.--In this
section, the term `New York State Canal System' means the 524
miles of navigable canal that comprise the New York State
Canal System, including the Erie, Cayuga-Seneca, Oswego, and
Champlain Canals and the historic alignments of these canals,
including the cities of Albany, Rochester, and Buffalo.''.
SEC. 3094. LOWER GIRARD LAKE DAM, OHIO.
Section 507(1) of the Water Resources Development Act of
1996 (110 Stat. 3758) is amended by striking ``$2,500,000''
and inserting ``$6,000,000''.
SEC. 3095. MAHONING RIVER, OHIO.
In carrying out the project for environmental dredging,
authorized by section 312(f)(4) of the Water Resources
Development Act of 1990 (33 U.S.C. 1272(f)(4)), the Secretary
is directed to credit toward the non-Federal share of the
cost of the project the cost of work carried out by the non-
Federal interest before the date of the partnership agreement
for the project if the Secretary determines that the work is
integral to the project.
SEC. 3096. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, AND
DELAWARE.
The Secretary may remove debris from the project for
navigation, Delaware River, Pennsylvania, New Jersey, and
Delaware, Philadelphia to the Sea.
SEC. 3097. RAYSTOWN LAKE, PENNSYLVANIA.
The Secretary may take such action as may be necessary,
including construction of a breakwater, to prevent shoreline
erosion between .07 and 2.7 miles south of Pennsylvania State
Route 994 on the east shore of Raystown Lake, Pennsylvania.
SEC. 3098. SHERADEN PARK STREAM AND CHARTIERS CREEK,
ALLEGHENY COUNTY, PENNSYLVANIA.
The project for aquatic ecosystem restoration, Sheraden
Park Stream and Chartiers Creek, Allegheny County,
Pennsylvania, being carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified to direct the Secretary to credit up to $400,000
toward the non-Federal share of the cost of the project for
planning and design work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 3099. SOLOMON'S CREEK, WILKES-BARRE, PENNSYLVANIA.
The project for flood control, Wyoming Valley,
Pennsylvania, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4124), is
modified to include as a project element the project for
flood control for Solomon's Creek, Wilkes-Barre,
Pennsylvania.
SEC. 3100. SOUTH CENTRAL PENNSYLVANIA.
Section 313 of the Water Resources Development Act of 1992
(106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat.
310; 117 Stat. 142) is amended--
(1) in subsection (g)(1) by striking ``$180,000,000'' and
inserting ``$200,000,000''; and
(2) in subsection (h)(2) by striking ``Allegheny,
Armstrong, Beford, Blair, Cambria, Clearfield, Fayette,
Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata,
Mifflin, Somerset, Snyder, Washington, and Westmoreland
Counties'' and inserting ``Allegheny, Armstrong, Bedford,
Blair, Cambria, Fayette, Franklin, Fulton, Greene,
Huntingdon, Indiana, Juniata, Somerset, Washington, and
Westmoreland Counties''.
SEC. 3101. WYOMING VALLEY, PENNSYLVANIA.
In carrying out the project for flood control, Wyoming
Valley, Pennsylvania, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4124), the
Secretary shall coordinate with non-Federal interests to
review opportunities for increased public access.
SEC. 3102. CEDAR BAYOU, TEXAS.
(a) Credit for Planning and Design.--The project for
navigation, Cedar Bayou, Texas, reauthorized by section
349(a)(2) of the Water Resources Development Act of 2000 (114
Stat. 2632), is modified to direct the Secretary to credit
toward the non-Federal share of the cost of the project the
cost of planning and design work carried out by the non-
Federal interest for the project if the Secretary determines
that such work is integral to the project.
(b) Cost Sharing.--Cost sharing for construction and
operation and maintenance of the project shall be determined
in accordance with section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
SEC. 3103. FREEPORT HARBOR, TEXAS.
The project for navigation, Freeport Harbor, Texas,
authorized by section 101 of the Rivers and Harbors Act of
1970 (84 Stat. 1818), is modified.--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of the
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project; and
(2) to direct the Secretary to remove the sunken vessel
``COMSTOCK'' at Federal expense.
SEC. 3104. LAKE KEMP, TEXAS.
(a) In General.--The Secretary may not take any legal or
administrative action seeking to remove a Lake Kemp
improvement before the earlier of January 1, 2020, or the
date of any transfer of ownership of the improvement
occurring after the date of enactment of this Act.
(b) Limitation on Liability.--The United States, or any of
its officers, agents, or assignees, shall not be liable for
any injury, loss, or damage accruing to the owners of a Lake
Kemp improvement, their lessees, or occupants as a result of
any flooding or inundation of such improvements by the waters
of the Lake Kemp reservoir, or for such injury, loss, or
damage as may occur through the operation and maintenance of
the Lake Kemp dam and reservoir in any manner.
(c) Lake Kemp Improvement Defined.--In this section, the
term ``Lake Kemp improvement'' means an improvement
(including dwellings) located within the flowage easement of
Lake Kemp, Texas, below elevation 1159 feet mean sea level.
SEC. 3105. LOWER RIO GRANDE BASIN, TEXAS.
The project for flood control, Lower Rio Grande Basin,
Texas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4125), is modified--
(1) to include as part of the project flood protection
works to reroute drainage to Raymondville Drain constructed
by the non-Federal interests in Hidalgo County in the
vicinity of Edinburg, Texas, if the Secretary determines that
such work meets feasibility requirements;
(2) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project; and
(3) to direct the Secretary in calculating the non-Federal
share of the cost of the project, to make a determination,
within 180 days after the date of enactment of this Act,
under section 103(m) of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(m)) on the non-Federal interest's
ability to pay.
SEC. 3106. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration and storm damage
reduction, North Padre Island, Corpus Christi Bay, Texas,
authorized by section 556 of the Water Resources Development
Act of 1999 (113 Stat. 353), is modified to include
recreation as a project purpose.
SEC. 3107. PAT MAYSE LAKE, TEXAS.
The Secretary is directed to accept from the city of Paris,
Texas, $3,461,432 as payment in
[[Page H3629]]
full of monies owed to the United States for water supply
storage space in Pat Mayse Lake, Texas, under contract number
DA-34-066-CIVENG-65-1272, including accrued interest.
SEC. 3108. PROCTOR LAKE, TEXAS.
The Secretary is authorized to purchase fee simple title to
all properties located within the boundaries, and necessary
for the operation, of the Proctor Lake project, Texas,
authorized by section 203 of the Flood Control Act of 1954
(68 Stat. 1259).
SEC. 3109. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio Channel, Texas,
authorized by section 203 of the Flood Control Act of 1954
(68 Stat. 1259) as part of the comprehensive plan for flood
protection on the Guadalupe and San Antonio Rivers in Texas
and modified by section 103 of the Water Resources
Development Act of 1976 (90 Stat. 2921) and section 335 of
the Water Resources Development Act of 2000 (114 Stat. 2611),
is further modified to authorize the Secretary to credit
toward the non-Federal share of the cost of the project the
cost of design and construction work carried out by the non-
Federal interest for the project if the Secretary determines
that the work is integral to the project.
SEC. 3110. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND WISE
COUNTIES, VIRGINIA.
The project for flood control, Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River, authorized by
section 202 of the Energy and Water Development Appropriation
Act, 1981 (94 Stat. 1339) and modified by section 352 of the
Water Resources Development Act of 1996 (110 Stat. 3724-3725)
and section 336 of the Water Resources Development Act of
2000 (114 Stat. 2611), is further modified to direct the
Secretary to determine the ability of Lee, Russell, Scott,
Smyth, Tazewell, and Wise Counties, Virginia, to pay the non-
Federal share of the cost of the project based solely on the
criterion specified in section 103(m)(3)(A)(i) of the Water
Resources Development Act of 1986 (33 U.S.C.
2213(m)(3)(A)(i)).
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 $2,500,000 and an estimated non-Federal cost
of $750,000.''.
SEC. 3112. DUWAMISH/GREEN, WASHINGTON.
The project for ecosystem restoration, Duwamish/Green,
Washington, authorized by section 101(b)(26) of the Water
Resources Development Act of 2000 (114 Stat. 2579), is
modified--
(1) to direct the Secretary to credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before, on, or after
the date of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project; and
(2) to authorize the non-Federal interest to provide any
portion of the non-Federal share of the cost of the project
in the form of in-kind services and materials.
SEC. 3113. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON.
The project for aquatic ecosystem restoration, Yakima
River, Port of Sunnyside, Washington, being carried out under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), is modified to direct the Secretary to
credit toward the non-Federal share of the cost of the
project the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 3114. GREENBRIER RIVER BASIN, WEST VIRGINIA.
Section 579(c) of the Water Resources Development Act of
1996 (110 Stat. 3790; 113 Stat. 312) is amended by striking
``$47,000,000'' and inserting ``$99,000,000''.
SEC. 3115. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30(d) of the Water Resources Development Act of
1988 (102 Stat. 4030; 114 Stat. 2678) is amended to read as
follows:
``(d) Historic Structure.--The Secretary shall ensure the
preservation and restoration of the structure known as the
`Jenkins House', and the reconstruction of associated
buildings and landscape features of such structure located
within the Lesage/Greenbottom Swamp in accordance with the
Secretary of the Interior's standards for the treatment of
historic properties. Amounts made available for expenditure
for the project authorized by section 301(a) of the Water
Resources Development Act of 1986 (100 Stat. 4110) shall be
available for the purposes of this subsection.''.
SEC. 3116. NORTHERN WEST VIRGINIA.
Section 557 of the Water Resources Development Act of 1999
(113 Stat. 353) is amended--
(1) in the first sentence by striking ``favorable'';
(2) by striking ``$8,400,000'' and inserting
``$12,000,000''; and
(3) by striking ``$4,200,000'' each place it appears and
inserting ``$6,000,000''.
SEC. 3117. MANITOWOC HARBOR, WISCONSIN.
The project for navigation, Manitowoc Harbor, Wisconsin,
authorized by the River and Harbor Act of August 30, 1852 (10
Stat. 58), is modified to direct the Secretary to deepen the
upstream reach of the navigation channel from 12 feet to 18
feet, at a total cost of $405,000.
SEC. 3118. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.
Section 21 of the Water Resources Development Act of 1988
(102 Stat. 4027) is amended--
(1) in subsection (a)--
(A) by striking ``1276.42'' and inserting ``1278.42'';
(B) by striking ``1218.31'' and inserting ``1221.31''; and
(C) by striking ``1234.82'' and inserting ``1235.30''; and
(2) by striking subsection (b) and inserting the following:
``(b) Exception.--The Secretary may operate the headwaters
reservoirs below the minimum or above the maximum water
levels established in subsection (a) in accordance with water
control regulation manuals (or revisions thereto) developed
by the Secretary, after consultation with the Governor of
Minnesota and affected tribal governments, landowners, and
commercial and recreational users. The water control
regulation manuals (and any revisions thereto) shall be
effective when the Secretary transmits them to Congress. The
Secretary shall report to Congress at least 14 days before
operating any such headwaters reservoir below the minimum or
above the maximum water level limits specified in subsection
(a); except that notification is not required for operations
necessary to prevent the loss of life or to ensure the safety
of the dam or if the drawdown of lake levels is in
anticipation of flood control operations.''.
SEC. 3119. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) In General.--Notwithstanding section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)), the following projects shall remain authorized
to be carried out by the Secretary:
(1) The project for navigation, Sacramento Deep Water Ship
Channel, California, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4092).
(2) The project for flood control, Agana River, Guam,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4127).
(3) The project for navigation, Fall River Harbor,
Massachusetts, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731); except that the authorized
depth of that portion of the project extending riverward of
the Charles M. Braga, Jr. Memorial Bridge, Fall River and
Somerset, Massachusetts, shall not exceed 35 feet.
(b) Limitation.--A project described in subsection (a)
shall not be authorized for construction after the last day
of the 5-year period beginning on the date of enactment of
this Act, unless, during such period, funds have been
obligated for the construction (including planning and
design) of the project.
SEC. 3120. PROJECT REAUTHORIZATIONS.
Each of the following projects may be carried out by the
Secretary and no construction on any such project may be
initiated until the Secretary determines that the project is
feasible:
(1) Menominee harbor and river, michigan and wisconsin.--
The project for navigation, Menominee Harbor and River,
Michigan and Wisconsin, authorized by section 101 of the
River and Harbor Act of 1960 (74 Stat. 482) and deauthorized
on April 15, 2002, in accordance with section 1001(b)(2) of
the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)).
(2) Manitowoc harbor, wisconsin.--That portion of the
project for navigation, Manitowoc Harbor, Wisconsin,
authorized by the first section of the River and Harbor Act
of August 30, 1852 (10 Stat. 58), consisting of the channel
in the south part of the outer harbor, deauthorized by
section 101 of the River and Harbor Act of 1962 (76 Stat.
1176).
(3) Hearding island inlet, duluth harbor, minnesota.--The
project for dredging, Hearding Island Inlet, Duluth Harbor,
Minnesota, authorized by section 22 of the Water Resources
Development Act of 1988 (102 Stat. 4027).
SEC. 3121. PROJECT DEAUTHORIZATIONS.
(a) In General.--The following projects are not authorized
after the date of enactment of this Act:
(1) Bridgeport harbor, connecticut.--The portion of the
project for navigation, Bridgeport Harbor, Connecticut,
authorized by the first section of the River and Harbor Act
of July 3, 1930 (46 Stat. 919), consisting of an 18-foot
channel in Yellow Mill River and described as follows:
Beginning at a point along the eastern limit of the existing
project, N123,649.75, E481,920.54, thence running
northwesterly about 52.64 feet to a point N123,683.03,
E481,879.75, thence running northeasterly about 1,442.21 feet
to a point N125,030.08, E482,394.96, thence running
northeasterly about 139.52 feet to a point along the eastern
limit of the existing channel, N125,133.87, E482,488.19,
thence running southwesterly about 1,588.98 feet to the point
of origin.
(2) Mystic river, connecticut.--The portion of the project
for navigation, Mystic River, Connecticut, authorized by the
first section of the River and Harbor Appropriations Act of
September 19, 1890 (26 Stat. 436) consisting of a 12-foot-
deep channel, approximately 7,554 square feet in area,
starting at a point N193,086.51, E815,092.78, thence running
north 59 degrees 21 minutes 46.63 seconds west about 138.05
feet to a point N193,156.86, E814,974.00, thence running
north 51 degrees 04 minutes 39.00 seconds west about 166.57
feet to a point N193,261.51, E814,844.41, thence running
north 43 degrees 01 minutes 34.90 seconds west about 86.23
feet to a point N193,324.55, E814,785.57, thence running
north 06 degrees 42 minutes 03.86 seconds west about 156.57
feet to a point N193,480.05, E814,767.30, thence running
south 21 degrees 21 minutes 17.94 seconds east about 231.42
feet to a point N193,264.52, E814,851.57, thence running
south 53 degrees 34 minutes 23.28 seconds east about 299.78
feet to the point of origin.
(3) New london harbor, connecticut.--The portion of the
project for navigation, New London Harbor, Connecticut,
authorized by the
[[Page H3630]]
River and Harbor Appropriations Act of June 13, 1902 (32
Stat. 333), that consists of a 23-foot waterfront channel and
that is further described as beginning at a point along the
western limit of the existing project, N188,802.75,
E779,462.81, thence running northeasterly about 1,373.88 feet
to a point N189,554.87, E780,612.53, thence running
southeasterly about 439.54 feet to a point N189,319.88,
E780,983.98, thence running southwesterly about 831.58 feet
to a point N188,864.63, E780,288.08, thence running
southeasterly about 567.39 feet to a point N188,301.88,
E780,360.49, thence running northwesterly about 1,027.96 feet
to the point of origin.
(4) Falmouth harbor, massachusetts.--The portion of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1948
(62 Stat. 1172), beginning at a point along the eastern side
of the inner harbor N200,415.05, E845,307.98, thence running
north 25 degrees 48 minutes 54.3 seconds east 160.24 feet to
a point N200,559.20, E845,377.76, thence running north 22
degrees 7 minutes 52.4 seconds east 596.82 feet to a point
N201,112.15, E845,602.60, thence running north 60 degrees 1
minute 0.3 seconds east 83.18 feet to a point N201,153.72,
E845,674.65, thence running south 24 degrees 56 minutes 43.4
seconds west 665.01 feet to a point N200,550.75, E845,394.18,
thence running south 32 degrees 25 minutes 29.0 seconds west
160.76 feet to the point of origin.
(5) Island end river, massachusetts.--The portion of the
project for navigation, Island End River, Massachusetts,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), described as follows: Beginning at a
point along the eastern limit of the existing project,
N507,348.98, E721,180.01, thence running northeast about 35
feet to a point N507,384.17, E721,183.36, thence running
northeast about 324 feet to a point N507,590.51, E721,433.17,
thence running northeast about 345 feet to a point along the
northern limit of the existing project, N507,927.29,
E721,510.29, thence running southeast about 25 feet to a
point N507,921.71, E721,534.66, thence running southwest
about 354 feet to a point N507,576.65, E721,455.64, thence
running southwest about 357 feet to the point of origin.
(6) City waterway, tacoma, washington.--The portion of the
project for navigation, City Waterway, Tacoma, Washington,
authorized by the first section of the River and Harbor
Appropriations Act of June 13, 1902 (32 Stat. 347),
consisting of the last 1,000 linear feet of the inner portion
of the waterway beginning at station 70+00 and ending at
station 80+00.
(7) Aunt lydia's cove, massachusetts.--
(A) In general.--The portion of the project for navigation,
Aunt Lydia's Cove, Massachusetts, constructed under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
consisting of the 8-foot deep anchorage in the cove described
in subparagraph (B).
(B) Description of portion.--The portion of the project
described in subparagraph (A) is more particularly described
as the portion beginning at a point along the southern limit
of the existing project, N254,332.00, E1,023,103.96, thence
running northwesterly about 761.60 feet to a point along the
western limit of the existing project N255,076.84,
E1,022,945.07, thence running southwesterly about 38.11 feet
to a point N255,038.99, E1,022,940.60, thence running
southeasterly about 267.07 feet to a point N254,772.00,
E1,022,947.00, thence running southeasterly about 462.41 feet
to a point N254,320.06, E1,023,044.84, thence running
northeasterly about 60.31 feet to the point of origin.
(b) Southport Harbor, Fairfield, Connecticut.--The project
for navigation, Southport Harbor, Fairfield, Connecticut,
authorized by section 2 of the River and Harbor Act of March
2, 1829, and by the first section of the River and Harbor Act
of August 30, 1935 (49 Stat. 1029), and section 364 of the
Water Resources Development Act of 1996 (110 Stat. 3733-
3734), is further modified to redesignate a portion of the 9-
foot-deep channel as an anchorage area, approximately 900
feet in length and 90,000 square feet in area, and lying
generally north of a line with points at coordinates
N108,043.45, E452,252.04 and N107,938.74, E452,265.74.
(c) Saco River, Maine.--The portion of the project for
navigation, Saco River, Maine, authorized under section 107
of the River and Harbor Act of 1960 (33 U.S.C. 577) and
described as a 6-foot deep, 10-acre turning basin located at
the head of navigation, is redesignated as an anchorage area.
(d) Union River, Maine.--The project for navigation, Union
River, Maine, authorized by the first section of the Act of
June 3, 1896 (29 Stat. 215), is modified by redesignating as
an anchorage area that portion of the project consisting of a
6-foot turning basin and lying northerly of a line commencing
at a point N315,975.13, E1,004,424.86, thence running north
61 degrees 27 minutes 20.71 seconds west about 132.34 feet to
a point N316,038.37, E1,004,308.61.
(e) Mystic River, Massachusetts.--The portion of the
project for navigation, Mystic River, Massachusetts,
authorized by the first section of the River and Harbor
Appropriations Act of July 13, 1892 (27 Stat. 96), between a
line starting at a point N515,683.77, E707,035.45 and ending
at a point N515,721.28, E707,069.85 and a line starting at a
point N514,595.15, E707,746.15 and ending at a point
N514,732.94, E707,658.38 shall be relocated and reduced from
a 100-foot wide channel to a 50-foot wide channel after the
date of enactment of this Act described as follows: Beginning
at a point N515,721.28, E707,069.85, thence running
southeasterly about 840.50 feet to a point N515,070.16,
E707,601.27, thence running southeasterly about 177.54 feet
to a point N514,904.84, E707,665.98, thence running
southeasterly about 319.90 feet to a point with coordinates
N514,595.15, E707,746.15, thence running northwesterly about
163.37 feet to a point N514,732.94, E707,658.38, thence
running northwesterly about 161.58 feet to a point
N514.889.47, E707,618.30, thence running northwesterly about
166.61 feet to a point N515.044.62, E707,557.58, thence
running northwesterly about 825.31 feet to a point
N515,683.77, E707,035.45, thence running northeasterly about
50.90 feet returning to a point N515,721.28, E707,069.85.
(f) Conditions.--The first sentence of section 1001(b)(2)
of the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)) is amended--
(1) by striking ``two years'' and inserting ``year''; and
(2) by striking ``7'' and inserting ``5''.
SEC. 3122. LAND CONVEYANCES.
(a) St. Francis Basin, Arkansas and Missouri.--
(1) In general.--The Secretary shall convey to the State of
Arkansas, without monetary consideration and subject to
paragraph (2), all right, title, and interest in and to real
property within the State acquired by the Federal Government
as mitigation land for the project for flood control, St.
Francis Basin, Arkansas and Missouri Project, authorized by
the Flood Control Act of May 15, 1928 (33 U.S.C. 702a et
seq.).
(2) Terms and conditions.--
(A) In general.--The conveyance by the United States under
this subsection shall be subject to--
(i) the condition that the State of Arkansas agree to
operate, maintain, and manage the real property for fish and
wildlife, recreation, and environmental purposes at no cost
or expense to the United States; and
(ii) such other terms and conditions as the Secretary
determines to be in the interest of the United States.
(B) Reversion.--If the Secretary determines that the real
property conveyed under paragraph (1) ceases to be held in
public ownership or the State ceases to operate, maintain,
and manage the real property in accordance with this
subsection, all right, title, and interest in and to the
property shall revert to the United States, at the option of
the Secretary.
(3) Mitigation.--Nothing in this subsection extinguishes
the responsibility of the Federal Government or the non-
Federal interest for the project referred to in paragraph (1)
from the obligation to implement mitigation for such project
that existed on the day prior to the transfer authorized by
this subsection.
(b) Milford, Kansas.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the Geary County Fire
Department, Milford, Kansas, all right, title, and interest
of the United States in and to real property consisting of
approximately 7.4 acres located in Geary County, Kansas, for
construction, operation, and maintenance of a fire station.
(2) Reversion.--If the Secretary determines that the real
property conveyed under paragraph (1) ceases to be held in
public ownership or ceases to be operated and maintained as a
fire station, all right, title, and interest in and to the
property shall revert to the United States, at the option of
the United States.
(c) Pike County, Missouri.--
(1) In general.--At such time as S.S.S., Inc., conveys all
right, title and interest in and to the real property
described in paragraph (2)(A) to the United States, the
Secretary shall convey all right, title, and interest of the
United States in and to the real property described in
paragraph (2)(B) to S.S.S., Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--Approximately 42 acres, the exact
legal description to be determined by mutual agreement of
S.S.S., Inc., and the Secretary, subject to any existing
flowage easements situated in Pike County, Missouri, upstream
and northwest, about a 200-foot distance from Drake Island
(also known as Grimes Island).
(B) Federal land.--Approximately 42 acres, the exact legal
description to be determined by mutual agreement of S.S.S.
Inc., and the Secretary, situated in Pike County, Missouri,
known as Government Tract Numbers MIs-7 and a portion of FM-
46 (both tracts on Buffalo Island), administered by the Corps
of Engineers.
(3) Conditions.--The exchange of real property under
paragraph (1) shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of the real property
described in paragraph (2)(A) to the Secretary shall be by a
warranty deed acceptable to the Secretary.
(ii) Federal land.--The instrument of conveyance used to
convey the real property described in paragraph (2)(B) to
S.S.S., Inc., shall be by quitclaim deed and contain such
reservations, terms, and conditions as the Secretary
considers necessary to allow the United States to operate and
maintain the Mississippi River 9-Foot Navigation Project.
(B) Removal of improvements.--S.S.S., Inc., may remove, and
the Secretary may require S.S.S., Inc., to remove, any
improvements on the land described in paragraph (2)(A).
(C) Time limit for exchange.--The land exchange under
paragraph (1) shall be completed not later than 2 years after
the date of enactment of this Act.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the real property
conveyed to S.S.S., Inc., by the Secretary under paragraph
(1) exceeds the appraised fair market value, as determined by
the Secretary, of the real property conveyed to the United
States by S.S.S., Inc., under paragraph (1), S.S.S., Inc.,
shall make a payment to the United States equal to the excess
in cash or a cash equivalent that is satisfactory to the
Secretary.
(d) Boardman, Oregon.--Section 501(g)(1) of the Water
Resources Development Act of 1996 (110 Stat. 3751) is
amended--
[[Page H3631]]
(1) by striking ``city of Boardman,'' and inserting ``the
Boardman Park and Recreation District, Boardman,''; and
(2) by striking ``such city'' and inserting ``the city of
Boardman''.
(e) Lowell, Oregon.--
(1) In general.--The Secretary may convey without
consideration to Lowell School District, by quitclaim deed,
all right, title, and interest of the United States in and to
land and buildings thereon, known as Tract A-82, located in
Lowell, Oregon, and described in paragraph (2).
(2) Description of property.--The parcel of land authorized
to be conveyed under paragraph (1) is as follows: Commencing
at the point of intersection of the west line of Pioneer
Street with the westerly extension of the north line of
Summit Street, in Meadows Addition to Lowell, as platted and
recorded at page 56 of Volume 4, Lane County Oregon Plat
Records; thence north on the west line of Pioneer Street a
distance of 176.0 feet to the true point of beginning of this
description; thence north on the west line of Pioneer Street
a distance of 170.0 feet; thence west at right angles to the
west line of Pioneer Street a distance of 250.0 feet; thence
south and parallel to the west line of Pioneer Street a
distance of 170.0 feet; thence east 250.0 feet to the true
point of beginning of this description in Section 14,
Township 19 South, Range 1 West of the Willamette Meridian,
Lane County, Oregon.
(3) Terms and conditions.--Before conveying the parcel to
the school district, the Secretary shall ensure that the
conditions of buildings and facilities meet the requirements
of applicable Federal law.
(4) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership, all right, title, and interest in and to
the property shall revert to the United States, at the option
of the United States.
(f) Lowell, Oregon.--
(1) Release and extinguishment of deed reservations.--
(A) Release and extinguishment of deed reservations.--The
Secretary may release and extinguish the deed reservations
for access and communication cables contained in the
quitclaim deed, dated January 26, 1965, and recorded February
15, 1965, in the records of Lane County, Oregon; except that
such reservations may only be released and extinguished for
the lands owned by the city of Lowell as described in the
quitclaim deed, dated April 11, 1991, in such records.
(B) Additional release and extinguishment of deed
reservations.--The Secretary may also release and extinguish
the same deed reservations referred to in subparagraph (A)
over land owned by Lane County, Oregon, within the city
limits of Lowell, Oregon, to accommodate the development
proposals of the city of Lowell/St. Vincent de Paul, Lane
County, affordable housing project; except that the Secretary
may require, at no cost to the United States--
(i) the alteration or relocation of any existing
facilities, utilities, roads, or similar improvements on such
lands; and
(ii) the right-of-way for such facilities, utilities, or
improvements, as a pre-condition of any release or
extinguishment of the deed reservations.
(2) Conveyance.--The Secretary may convey to the city of
Lowell, Oregon, at fair market value the parcel of land
situated in the city of Lowell, Oregon, at fair market value
consisting of the strip of federally-owned lands located
northeast of West Boundary Road between Hyland Lane and the
city of Lowell's eastward city limits.
(3) Administrative cost.--Notwithstanding paragraphs (1)
and (2), the city of Lowell, Oregon, shall pay the
administrative costs incurred by the United States to execute
the release and extinguishment of the deed reservations under
paragraph (1) and the conveyance under paragraph (2).
(g) Richard B. Russell Lake, South Carolina.--
(1) In general.--The Secretary shall convey to the State of
South Carolina, by quitclaim deed, at fair market value, all
right, title, and interest of the United States in and to the
real property described in paragraph (2) that is managed, as
of the date of enactment of this Act, by the South Carolina
department of commerce for public recreation purposes for the
Richard B. Russell Dam and Lake, South Carolina, project
authorized by section 203 of the Flood Control Act of 1966
(80 Stat. 1420).
(2) Land description.--Subject to paragraph (3), the real
property referred to in paragraph (1) is the parcel contained
in the portion of real property described in Army Lease
Number DACW21-1-92-0500.
(3) Reservation of interests.--The United States shall
reserve--
(A) ownership of all real property included in the lease
referred to in paragraph (2) 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 rights and interests in and to the real
property to be conveyed as the Secretary considers necessary
for authorized project purposes, including easement rights-
of-way to remaining Federal land.
(4) 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 subsection.
(5) Cost sharing.--In carrying out the conveyance under
this subsection, the Secretary and the State shall comply
with all obligations of any cost-sharing agreement between
the Secretary and the State with respect to the real property
described in paragraph (2) in effect as of the date of the
conveyance.
(6) Land not conveyed.--The State shall continue to manage
the real property described in paragraph (3) not conveyed
under this subsection in accordance with the terms and
conditions of Army Lease Number DACW21-1-92-0500.
(h) Denison, Texas.--
(1) In general.--The Secretary shall offer to convey at
fair market value to the city of Denison, Texas, all right,
title, and interest of the United States in and to the
approximately 900 acres of land located in Grayson County,
Texas, which is currently subject to an application for lease
for public park and recreational purposes made by the city of
Denison, dated August 17, 2005.
(2) Survey to obtain legal description.--The exact acreage
and description of the real property referred to in paragraph
(1) shall be determined by a survey paid for by the city
of Denison, Texas, that is satisfactory to the Secretary.
(3) Conveyance.--On acceptance by the city of Denison,
Texas, of an offer under paragraph (1), the Secretary may
immediately convey the land surveyed under paragraph (2) by
quitclaim deed to the city of Denison, Texas.
(i) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary
considers appropriate and necessary to protect the interests
of the United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
SEC. 3123. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE
RESTRICTIONS.
(a) Idaho.--
(1) In general.--With respect to the property covered by
each deed in paragraph (2)--
(A) the reversionary interests and use restrictions
relating to port and industrial use purposes are
extinguished;
(B) the restriction that no activity shall be permitted
that will compete with services and facilities offered by
public marinas is extinguished; and
(C) the human habitation or other building structure use
restriction is extinguished if the elevation of the property
is above the standard project flood elevation.
(2) Affected deeds.--The deeds with the following county
auditor's file numbers are referred to in paragraph (1):
(A) Auditor's Instrument No. 399218 of Nez Perce County,
Idaho--2.07 acres.
(B) Auditor's Instrument No. 487437 of Nez Perce County,
Idaho--7.32 acres.
(b) Old Hickory Lock and Dam, Cumberland River,
Tennessee.--
(1) Release of retained rights, interests, reservations.--
With respect to land conveyed by the Secretary to the
Tennessee Society of Crippled Children and Adults,
Incorporated (commonly known as ``Easter Seals Tennessee'')
at Old Hickory Lock and Dam, Cumberland River, Tennessee,
under section 211 of the Flood Control Act of 1965 (79 Stat.
1087), the reversionary interests and the use restrictions
relating to recreation and camping purposes are extinguished.
(2) Instrument of release.--As soon as practicable after
the date of enactment of this Act, the Secretary shall
execute and file in the appropriate office a deed of release,
amended deed, or other appropriate instrument effectuating
the release of interests required by paragraph (1).
(c) Port of Pasco, Washington.--
(1) Extinguishment of use restrictions and flowage
easement.--With respect to the property covered by the deed
in paragraph (3)(A)--
(A) the flowage easement and human habitation or other
building structure use restriction is extinguished if the
elevation of the property is above the standard project flood
elevation; and
(B) the use of fill material to raise areas of the property
above the standard project flood elevation is authorized,
except in any area for which a permit under section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344) is
required.
(2) Extinguishment of flowage easement.--With respect to
the property covered by each deed in paragraph (3)(B), the
flowage easement is extinguished if the elevation of the
property is above the standard project flood elevation.
(3) Affected deeds.--The deeds referred to in paragraphs
(1) and (2) are as follows:
(A) Auditor's File Number 262980 of Franklin County,
Washington.
(B) Auditor's File Numbers 263334 and 404398 of Franklin
County, Washington.
(d) No Effect on Other Rights.--Nothing in this section
affects the remaining rights and interests of the Corps of
Engineers for authorized project purposes.
TITLE IV--STUDIES
SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM.
Section 455 of the Water Resources Development Act of 1999
(42 U.S.C. 1962d-21) is amended by adding at the end the
following:
[[Page H3632]]
``(g) In-Kind Contributions for Study.--The non-Federal
interest may provide up to 100 percent of the non-Federal
share required under subsection (f) in the form of in-kind
services and materials.''.
SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL SITES.
The Secretary shall conduct a study to determine the nature
and frequency of avian botulism problems in the vicinity of
Lake Erie associated with dredged material disposal sites and
shall make recommendations to eliminate the conditions that
result in such problems.
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY.
(a) In General.--The Secretary, in coordination with the
Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Commerce, and other appropriate agencies, shall
conduct, at Federal expense, a comprehensive study of drought
conditions in the southwestern United States, with particular
emphasis on the Colorado River basin, the Rio Grande River
basin, and the Great Basin.
(b) Inventory of Actions.--In conducting the study, the
Secretary shall assemble an inventory of actions taken or
planned to be taken to address drought-related situations in
the southwestern United States.
(c) Purpose.--The purpose of the study shall be to develop
recommendations to more effectively address current and
future drought conditions in the southwestern United States.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$7,000,000. Such funds shall remain available until expended.
SEC. 4004. DELAWARE RIVER.
The Secretary shall review, in consultation with the
Delaware River Basin Commission and the States of Delaware,
Pennsylvania, New Jersey, and New York, the report of the
Chief of Engineers on the Delaware River, published as House
Document Numbered 522, 87th Congress, Second Session, as it
relates to the Mid-Delaware River Basin from Wilmington to
Port Jervis, and any other pertinent reports (including the
strategy for resolution of interstate flow management issues
in the Delaware River Basin dated August 2004 and the
National Park Service Lower Delaware River Management Plan
(1997-1999)), with a view to determining whether any
modifications of recommendations contained in the first
report referred to are advisable at the present time, in the
interest of flood damage reduction, ecosystem restoration,
and other related problems.
SEC. 4005. KNIK ARM, COOK INLET, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the potential impacts on navigation of construction
of a bridge across Knik Arm, Cook Inlet, Alaska.
SEC. 4006. KUSKOKWIM RIVER, ALASKA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for navigation,
Kuskokwim River, Alaska, in the vicinity of the village of
Crooked Creek.
SEC. 4007. ST. GEORGE HARBOR, ALASKA.
The Secretary shall conduct, at Federal expense, a study to
determine the feasibility of providing navigation
improvements at St. George Harbor, Alaska.
SEC. 4008. SUSITNA RIVER, ALASKA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for hydropower,
recreation, and related purposes on the Susitna River,
Alaska.
SEC. 4009. GILA BEND, MARICOPA, ARIZONA.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction, Gila Bend, Maricopa, Arizona.
(b) Review of Plans.--In conducting the study, the
Secretary shall review plans and designs developed by non-
Federal interests and shall incorporate such plans and
designs into the Federal study if the Secretary determines
that such plans and designs are consistent with Federal
standards.
SEC. 4010. SEARCY COUNTY, ARKANSAS.
The Secretary shall conduct a study to determine the
feasibility of using Greers Ferry Lake as a water supply
source for Searcy County, Arkansas.
SEC. 4011. ELKHORN SLOUGH ESTUARY, CALIFORNIA.
The Secretary shall conduct a study of the Elkhorn Slough
estuary, California, to determine the feasibility of
conserving, enhancing, and restoring estuarine habitats by
developing strategies to address hydrological management
issues.
SEC. 4012. FRESNO, KINGS, AND KERN COUNTIES, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply for
Fresno, Kings, and Kern Counties, California.
SEC. 4013. 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
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 $20,000,000.
SEC. 4014. LYTLE CREEK, RIALTO, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction and groundwater recharge, Lytle Creek, Rialto,
California.
SEC. 4015. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for water
supply along the Mokelumne River, San Joaquin County,
California.
(b) Limitation on Statutory Construction.--Nothing in this
section shall be construed to invalidate, preempt, or create
any exception to State water law, State water rights, or
Federal or State permitted activities or agreements.
SEC. 4016. NAPA RIVER, ST. HELENA, CALIFORNIA.
(a) In General.--The Secretary shall conduct a
comprehensive study of the Napa River in the vicinity of St.
Helena, California, for the purposes of improving flood
management through reconnecting the river to its floodplain;
restoring habitat, including riparian and aquatic habitat;
improving fish passage and water quality; and restoring
native plant communities.
(b) Plans and Designs.--In conducting the study, the
Secretary shall review plans and designs developed by non-
Federal interests and shall incorporate such plans and
designs into the Federal study if the Secretary determines
that such plans and designs are consistent with Federal
standards.
SEC. 4017. ORICK, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction and ecosystem restoration, Orick,
California.
(b) Feasibility of Restoring or Rehabilitating Redwook
Creek Levees.--In conducting the study, the Secretary shall
determine the feasibility of restoring or rehabilitating the
Redwood Creek Levees, Humboldt County, California.
SEC. 4018. RIALTO, FONTANA, AND COLTON, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply for
Rialto, Fontana, and Colton, California.
SEC. 4019. SACRAMENTO RIVER, CALIFORNIA.
The Secretary shall conduct a comprehensive study to
determine the feasibility of, and alternatives for, measures
to protect water diversion facilities and fish protective
screen facilities in the vicinity of river mile 178 on the
Sacramento River, California.
SEC. 4020. SAN DIEGO COUNTY, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply, San
Diego County, California, including a review of the
feasibility of connecting 4 existing reservoirs to increase
usable storage capacity.
SEC. 4021. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA,
CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of the beneficial use of dredged
material from the San Francisco Bay in the Sacramento-San
Joaquin Delta, California, including the benefits and impacts
of salinity in the Delta and the benefits to navigation,
flood damage reduction, ecosystem restoration, water quality,
salinity control, water supply reliability, and recreation.
(b) Cooperation.--In conducting the study, the Secretary
shall cooperate with the California Department of Water
Resources and appropriate Federal and State entities in
developing options for the beneficial use of dredged material
from San Francisco Bay for the Sacramento-San Joaquin Delta
area.
(c) Review.--The study shall include a review of the
feasibility of using Sherman Island as a rehandling site for
levee maintenance material, as well as for ecosystem
restoration. The review may include monitoring a pilot
project using up to 150,000 cubic yards of dredged material
and being carried out at the Sherman Island site, examining
larger scale use of dredged materials from the San Francisco
Bay and Suisun Bay Channel, and analyzing the feasibility of
the potential use of saline materials from the San Francisco
Bay for both rehandling and ecosystem restoration purposes.
SEC. 4022. SOUTH SAN FRANCISCO BAY SHORELINE STUDY,
CALIFORNIA.
(a) In General.--In conducting the South San Francisco Bay
shoreline study, the Secretary shall--
(1) review the planning, design, and land acquisition
documents prepared by the California State Coastal
Conservancy, the Santa Clara Valley Water District, and other
local interests in developing recommendations for measures to
provide flood protection of the South San Francisco Bay
shoreline, restoration of the South San Francisco Bay salt
ponds (including lands owned by the Department of the
Interior), and other related purposes; and
(2) incorporate such planning, design, and land acquisition
documents into the Federal study if the Secretary determines
that such documents are consistent with Federal standards.
(b) Report.--Not later than December 31, 2008, the
Secretary shall transmit a feasibility report for the South
San Francisco Bay shoreline study to the Committee on
Transportation
[[Page H3633]]
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(c) Credit.--
(1) In general.--The Secretary shall credit toward the non-
Federal share of the cost of any project authorized by law as
a result of the South San Francisco Bay shoreline study the
cost of work carried out by the non-Federal interest before
the date of the partnership agreement for the project if the
Secretary determines that the work is integral to the
project.
(2) Limitation.--In no case may work that was carried out
more than 5 years before the date of enactment of this Act be
eligible for credit under this subsection.
SEC. 4023. TWENTYNINE PALMS, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Pinto Cove Wash, in the vicinity of Twentynine
Palms, California.
SEC. 4024. YUCCA VALLEY, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, West Burnt Mountain basin, in the vicinity of
Yucca Valley, California.
SEC. 4025. ROARING FORK RIVER, BASALT, COLORADO.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction and other purposes for the Roaring Fork River,
Basalt, Colorado.
SEC. 4026. DELAWARE AND CHRISTINA RIVERS AND SHELLPOT CREEK,
WILMINGTON, DELAWARE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction and related purposes along the Delaware and
Christina Rivers and Shellpot Creek, Wilmington, Delaware.
SEC. 4027. COLLIER COUNTY BEACHES, FLORIDA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for hurricane and storm
damage reduction and flood damage reduction in the vicinity
of Vanderbilt, Park Shore, and Naples beaches, Collier
County, Florida.
SEC. 4028. LOWER ST. JOHNS RIVER, FLORIDA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for environmental
protection and restoration, including improved water quality,
and related purposes, Lower St. Johns River, Florida.
SEC. 4029. VANDERBILT BEACH LAGOON, FLORIDA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for environmental
restoration, water supply, and improvement of water quality
at Vanderbilt Beach Lagoon, Florida.
SEC. 4030. MERIWETHER COUNTY, GEORGIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply,
Meriwether County, Georgia.
SEC. 4031. TYBEE ISLAND, GEORGIA.
The Secretary shall conduct a study to determine the
feasibility of including the northern end of Tybee Island
extending from the north terminal groin to the mouth of
Lazaretto Creek as a part of the project for beach erosion
control, Tybee Island, Georgia, carried out under section 201
of the Flood Control Act of 1965 (42 U.S.C. 1962d-5).
SEC. 4032. BOISE RIVER, IDAHO.
The study for flood control, Boise River, Idaho, authorized
by section 414 of the Water Resources Development Act of 1999
(113 Stat. 324), is modified--
(1) to add ecosystem restoration and water supply as
project purposes to be studied; and
(2) to require the Secretary to credit toward the non-
Federal share of the cost of the study the cost, not to
exceed $500,000, of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
SEC. 4033. BALLARD'S ISLAND SIDE CHANNEL, ILLINOIS.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for ecosystem
restoration, Ballard's Island, Illinois.
SEC. 4034. SALEM, INDIANA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project to provide an
additional water supply source for Salem, Indiana.
SEC. 4035. BUCKHORN LAKE, KENTUCKY.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of modifying the project for flood
damage reduction, Buckhorn Lake, Kentucky, authorized by
section 2 of the Flood Control Act of June 28, 1938 (52 Stat.
1217), to add ecosystem restoration, recreation, and improved
access as project purposes, including permanently raising the
winter pool elevation of the project.
(b) In-Kind Contributions.--The non-Federal interest may
provide the non-Federal share of the cost of the study in the
form of in-kind services and materials.
SEC. 4036. DEWEY LAKE, KENTUCKY.
The Secretary shall conduct a study to determine the
feasibility of modifying the project for Dewey Lake,
Kentucky, to add water supply as a project purpose.
SEC. 4037. LOUISVILLE, KENTUCKY.
The Secretary shall conduct a study of the project for
flood control, Louisville, Kentucky, authorized by section 4
of the Flood Control Act of June 28, 1938 (52 Stat. 1217), to
investigate measures to address the rehabilitation of the
project.
SEC. 4038. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.
The Secretary shall conduct a study to determine the
feasibility of deepening that portion of the navigation
channel of the navigation project for Fall River Harbor,
Massachusetts and Rhode Island, authorized by section 101 of
the River and Harbor Act of 1968 (82 Stat. 731), seaward of
the Charles M. Braga, Jr. Memorial Bridge, Fall River and
Somerset, Massachusetts.
SEC. 4039. CLINTON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for environmental
restoration, Clinton River, Michigan.
SEC. 4040. HAMBURG AND GREEN OAK TOWNSHIPS, MICHIGAN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction on Ore Lake and the Huron River for Hamburg and
Green Oak Townships, Michigan.
SEC. 4041. DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN.
(a) In General.--The Secretary shall conduct a study and
prepare a report to evaluate the integrity of the bulkhead
system located on and in the vicinity of Duluth-Superior
Harbor, Duluth, Minnesota, and Superior, Wisconsin.
(b) Contents.--The report shall include--
(1) a determination of causes of corrosion of the bulkhead
system;
(2) recommendations to reduce corrosion of the bulkhead
system;
(3) a description of the necessary repairs to the bulkhead
system; and
(4) an estimate of the cost of addressing the causes of the
corrosion and carrying out necessary repairs.
SEC. 4042. NORTHEAST MISSISSIPPI.
The Secretary shall conduct a study to determine the
feasibility of modifying the project for navigation,
Tennessee-Tombigbee Waterway, Alabama and Mississippi, to
provide water supply for northeast Mississippi.
SEC. 4043. ST. LOUIS, MISSOURI.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, St. Louis, Missouri, to restore or rehabilitate
the levee system feature of the project for flood protection,
St. Louis, Missouri, authorized by the first section of the
Act entitled ``An Act authorizing construction of certain
public works on the Mississippi River for the protection of
Saint Louis, Missouri'', approved August 9, 1955 (69 Stat.
540).
SEC. 4044. DREDGED MATERIAL DISPOSAL, NEW JERSEY.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project in the vicinity of the
Atlantic Intracoastal Waterway, New Jersey, for the
construction of a dredged material disposal transfer facility
to make dredged material available for beneficial reuse.
SEC. 4045. BAYONNE, NEW JERSEY.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for environmental
restoration, including improved water quality, enhanced
public access, and recreation, on the Kill Van Kull, Bayonne,
New Jersey.
SEC. 4046. CARTERET, NEW JERSEY.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for environmental
restoration, including improved water quality, enhanced
public access, and recreation, on the Raritan River,
Carteret, New Jersey.
SEC. 4047. GLOUCESTER COUNTY, NEW JERSEY.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Gloucester County, New Jersey, including the
feasibility of restoring the flood protection dikes in
Gibbstown, New Jersey, and the associated tidegates in
Gloucester County, New Jersey.
SEC. 4048. PERTH AMBOY, NEW JERSEY.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for riverfront
development, including enhanced public access, recreation,
and environmental restoration, on the Arthur Kill, Perth
Amboy, New Jersey.
SEC. 4049. BATAVIA, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for hydropower and
related purposes in the vicinity of Batavia, New York.
SEC. 4050. BIG SISTER CREEK, EVANS, NEW YORK.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction, Big Sister Creek, Evans, New York.
(b) Evaluation of Potential Solutions.--In conducting the
study, the Secretary shall evaluate potential solutions to
flooding from all sources, including flooding that results
from ice jams.
SEC. 4051. FINGER LAKES, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for aquatic ecosystem
restoration and protection, Finger Lakes, New York, to
address water quality and aquatic nuisance species.
SEC. 4052. LAKE ERIE SHORELINE, BUFFALO, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for storm damage
reduction and shoreline protection in the vicinity of
Gallagher Beach, Lake Erie Shoreline, Buffalo, New York.
SEC. 4053. NEWTOWN CREEK, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of carrying out ecosystem restoration
improvements on Newtown Creek, Brooklyn and Queens, New York.
SEC. 4054. NIAGARA RIVER, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for a low-head
hydroelectric generating facility in the Niagara River, New
York.
[[Page H3634]]
SEC. 4055. SHORE PARKWAY GREENWAY, BROOKLYN, NEW YORK.
The Secretary shall conduct a study of the feasibility of
carrying out a project for shoreline protection in the
vicinity of the confluence of the Narrows and Gravesend Bay,
Upper New York Bay, Shore Parkway Greenway, Brooklyn, New
York.
SEC. 4056. UPPER DELAWARE RIVER WATERSHED, NEW YORK.
Notwithstanding section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) and with the consent of the
affected local government, a nonprofit organization may serve
as the non-Federal interest for a study for the Upper
Delaware River watershed, New York, being carried out under
Committee Resolution 2495 of the Committee on Transportation
and Infrastructure of the House of Representatives, adopted
May 9, 1996.
SEC. 4057. LINCOLN COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study of existing water and
water quality-related infrastructure in Lincoln County, North
Carolina, to assist local interests in determining the most
efficient and effective way to connect county infrastructure.
SEC. 4058. WILKES COUNTY, NORTH CAROLINA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply,
Wilkes County, North Carolina.
SEC. 4059. YADKINVILLE, NORTH CAROLINA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply,
Yadkinville, North Carolina.
SEC. 4060. LAKE ERIE, OHIO.
The Secretary shall conduct a study to determine the
feasibility of carrying out projects for power generation at
confined disposal facilities along Lake Erie, Ohio.
SEC. 4061. OHIO RIVER, OHIO.
The Secretary shall conduct a study to determine the
feasibility of carrying out projects for flood damage
reduction on the Ohio River in Mahoning, Columbiana,
Jefferson, Belmont, Noble, Monroe, Washington, Athens, Meigs,
Gallia, Lawrence, and Scioto Counties, Ohio.
SEC. 4062. ECOSYSTEM RESTORATION AND FISH PASSAGE
IMPROVEMENTS, OREGON.
(a) Study.--The Secretary shall conduct a study to
determine the feasibility of undertaking ecosystem
restoration and fish passage improvements on rivers
throughout the State of Oregon.
(b) Requirements.--In carrying out the study, the Secretary
shall--
(1) work in coordination with the State of Oregon, local
governments, and other Federal agencies; and
(2) place emphasis on--
(A) fish passage and conservation and restoration
strategies to benefit species that are listed or proposed for
listing as threatened or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) other watershed restoration objectives.
(c) Pilot Program.--
(1) In general.--In conjunction with conducting the study
under subsection (a), the Secretary may carry out pilot
projects to demonstrate the effectiveness of ecosystem
restoration and fish passages.
(2) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this subsection.
SEC. 4063. WALLA WALLA RIVER BASIN, OREGON.
In conducting the study of determine the feasibility of
carrying out a project for ecosystem restoration, Walla Walla
River Basin, Oregon, the Secretary shall--
(1) credit toward the non-Federal share of the cost of the
study the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project; and
(2) allow the non-Federal interest to provide the non-
Federal share of the cost of the study in the form of in-kind
services and materials.
SEC. 4064. CHARTIERS CREEK WATERSHED, PENNSYLVANIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Chartiers Creek watershed, Pennsylvania.
SEC. 4065. KINZUA DAM AND ALLEGHENY RESERVOIR, PENNSYLVANIA.
The Secretary shall conduct a study of the project for
flood control, Kinzua Dam and Allegheny Reservoir, Warren,
Pennsylvania, authorized by section 5 of the Flood Control
Act of June 22, 1936 (49 Stat. 1570), and modified by section
2 of the Flood Control Act of June 28, 1938 (52 Stat. 1215),
section 2 of the Flood Control Act of August 18, 1941 (55
Stat. 646), and section 4 of the Flood Control Act of
December 22, 1944 (58 Stat. 887), to review operations of and
identify modifications to the project to expand recreational
opportunities.
SEC. 4066. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION,
PENNSYLVANIA.
(a) In General.--The Secretary shall conduct a study of
structural and nonstructural flood damage reduction, stream
bank protection, storm water management, channel clearing and
modification, and watershed coordination measures in the
Mahoning River basin, Pennsylvania, the Allegheny River
basin, Pennsylvania, and the Upper Ohio River basin,
Pennsylvania, to provide a level of flood protection
sufficient to prevent future losses to communities located in
such basins from flooding such as occurred in September 2004,
but not less than a 100-year level of flood protection.
(b) Priority Communities.--In carrying out this section,
the Secretary shall give priority to the following
Pennsylvania communities: Marshall Township, Ross Township,
Shaler Township, Jackson Township, Harmony, Zelienople,
Darlington Township, Houston Borough, Chartiers Township,
Washington, Canton Township, Tarentum Borough, and East Deer
Township.
SEC. 4067. WILLIAMSPORT, PENNSYLVANIA.
The Secretary shall conduct a study of the project for
flood control, Williamsport, Pennsylvania, authorized by
section 5 of the Flood Control Act of June 22, 1936 (49 Stat.
1570), to investigate measures to rehabilitate the project.
SEC. 4068. YARDLEY BOROUGH, PENNSYLVANIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, at Yardley Borough, Pennsylvania, including the
alternative of raising River Road.
SEC. 4069. RIO VALENCIANO, JUNCOS, PUERTO RICO.
(a) In General.--The Secretary shall conduct a study to
reevaluate the project for flood damage reduction and water
supply, Rio Valenciano, Juncos, Puerto Rico, authorized by
section 209 of the Flood Control Act of 1962 (76 Stat. 1197)
and section 204 of the Flood Control Act of 1970 (84 Stat.
1828), to determine the feasibility of carrying out the
project.
(b) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the study the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 4070. CROOKED CREEK, BENNETTSVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply,
Crooked Creek, Bennettsville, South Carolina.
SEC. 4071. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply, Broad
River, York County, South Carolina.
SEC. 4072. CHATTANOOGA, TENNESSEE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Chattanooga Creek, Dobbs Branch, Chattanooga,
Tennessee.
SEC. 4073. CLEVELAND, TENNESSEE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Cleveland, Tennessee.
SEC. 4074. CUMBERLAND RIVER, NASHVILLE, TENNESSEE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for recreation on,
riverbank protection for, and environmental protection of,
the Cumberland River and riparian habitats in the city of
Nashville and Davidson County, Tennessee.
SEC. 4075. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply for
Lewis, Lawrence, and Wayne Counties, Tennessee.
SEC. 4076. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS TENNESSEE.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction along Wolf River and Nonconnah Creek, in the
vicinity of Memphis, Tennessee, to include the repair,
replacement, rehabilitation, and restoration of the following
pumping stations: Cypress Creek, Nonconnah Creek, Ensley,
Marble Bayou, and Bayou Gayoso.
SEC. 4077. ABILENE, TEXAS.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply,
Abilene, Texas.
SEC. 4078. COASTAL TEXAS ECOSYSTEM PROTECTION AND
RESTORATION, TEXAS.
(a) In General.--The Secretary shall develop a
comprehensive plan to determine the feasibility of carrying
out projects for flood damage reduction, hurricane and storm
damage reduction, and ecosystem restoration in the coastal
areas of the State of Texas.
(b) Scope.--The comprehensive plan shall provide for the
protection, conservation, and restoration of wetlands,
barrier islands, shorelines, and related lands and features
that protect critical resources, habitat, and infrastructure
from the impacts of coastal storms, hurricanes, erosion, and
subsidence.
(c) Definition.--For purposes of this section, the term
``coastal areas in the State of Texas'' means the coastal
areas of the State of Texas from the Sabine River on the east
to the Rio Grande River on the west and includes tidal
waters, barrier islands, marshes, coastal wetlands, rivers
and streams, and adjacent areas.
SEC. 4079. JOHNSON CREEK, ARLINGTON, TEXAS.
(a) Reevaluation of Environmental Restoration Features.--
The Secretary shall reevaluate the project for flood damage
reduction, environmental restoration, and recreation,
authorized by section 101(b)(14) of the Water Resources
Development Act of 1999 (113 Stat. 280), to develop
alternatives to the separable environmental restoration
element of the project.
(b) Study of Additional Flood Damage Reduction Measures.--
The Secretary shall conduct a study to determine the
feasibility of additional flood damage reduction measures and
erosion control measures within the boundaries of the project
referred to in subsection (a).
(c) Plans and Designs.--In conducting the studies referred
to in subsections (a) and (b), the Secretary shall review
plans and designs developed by non-Federal interests and
shall use such plans and designs to the extent that the
Secretary determines that such plans and designs are
consistent with Federal standards.
(d) Credit Toward Federal Share.--If an alternative
environmental restoration element is authorized by law, the
Secretary shall credit toward the Federal share of the cost
of that project the costs incurred by the Secretary to carry
out the separable environmental restoration element of the
project referred to in subsection (a). The non-Federal
interest shall not
[[Page H3635]]
be responsible for reimbursing the Secretary for any amount
credited under this subsection.
(e) Credit Toward the Non-Federal Share.--The Secretary
shall credit toward the non-Federal share of the cost of the
studies under subsections (a) and (b), and the cost of any
project carried out as a result of such studies the cost of
work carried out by the non-Federal interest.
SEC. 4080. PORT OF GALVESTON, TEXAS.
The Secretary shall conduct a study of the feasibility of
carrying out a project for dredged material disposal in the
vicinity of the project for navigation and environmental
restoration, Houston-Galveston Navigation Channels, Texas,
authorized by section 101(a)(30) of the Water Resources
Development Act of 1996 (110 Stat. 3666).
SEC. 4081. GRAND COUNTY AND MOAB, UTAH.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for water supply for
Grand County and the city of Moab, Utah, including a review
of the impact of current and future demands on the Spanish
Valley Aquifer.
SEC. 4082. SOUTHWESTERN UTAH.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, Santa Clara River, Washington, Iron, and Kane
Counties, Utah.
SEC. 4083. CHOWAN RIVER BASIN, VIRGINIA AND NORTH CAROLINA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction, environmental restoration, navigation, and erosion
control, Chowan River basin, Virginia and North Carolina.
SEC. 4084. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON.
(a) In General.--The study for rehabilitation of the
Elliott Bay Seawall, Seattle, Washington, being carried out
under Committee Resolution 2704 of the Committee on
Transportation and Infrastructure of the House of
Representatives adopted September 25, 2002, is modified to
include a determination of the feasibility of reducing future
damage to the seawall from seismic activity.
(b) Acceptance of Contributions.--In carrying out the
study, the Secretary may accept contributions in excess of
the non-Federal share of the cost of the study from the non-
Federal interest to the extent that the Secretary determines
that the contributions will facilitate completion of the
study.
(c) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of any project authorized by law as
a result of the study the value of contributions accepted by
the Secretary under subsection (b).
SEC. 4085. MONONGAHELA RIVER BASIN, NORTHERN WEST VIRGINIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out aquatic ecosystem restoration and
protection projects in the watersheds of the Monongahela
River Basin lying within the counties of Hancock, Ohio,
Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge,
Monongalia, Marion, Harrison, Taylor, Barbour, Preston,
Tucker, Mineral, Grant, Gilmer, Brooke, and Rithchie, West
Virginia, particularly as related to abandoned mine drainage
abatement.
SEC. 4086. KENOSHA HARBOR, WISCONSIN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for navigation, Kenosha
Harbor, Wisconsin, including the extension of existing piers.
SEC. 4087. WAUWATOSA, WISCONSIN.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood damage
reduction and environmental restoration, Menomonee River and
Underwood Creek, Wauwatosa, Wisconsin, and greater Milwaukee
watersheds, Wisconsin.
SEC. 4088. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN.
The Secretary shall conduct a study of the Johnsonville
Dam, Johnsonville, Wisconsin, to determine if the structure
prevents ice jams on the Sheboygan River.
TITLE V--MISCELLANEOUS
SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of a non-Federal interest,
the Secretary shall be responsible for maintenance of the
following navigation channels and breakwaters constructed or
improved by the non-Federal interest if the Secretary
determines that such maintenance is economically justified
and environmentally acceptable and that the channel or
breakwater was constructed in accordance with applicable
permits and appropriate engineering and design standards:
(1) Manatee Harbor basin, Florida.
(2) Bayou LaFourche Channel, Port Fourchon, Louisiana.
(3) Calcasieu River at Devil's Elbow, Louisiana.
(4) Pidgeon Industrial Harbor, Pidgeon Industrial Park,
Memphis Harbor, Tennessee.
(5) Pix Bayou Navigation Channel, Chambers County, Texas.
(6) Racine Harbor, Wisconsin.
(b) Completion of Assessment.--Not later than 6 months
after the date of receipt of a request from a non-Federal
interest for Federal assumption of maintenance of a channel
listed in subsection (a), the Secretary shall make a
determination as provided in subsection (a) and advise the
non-Federal interest of the Secretary's determination.
SEC. 5002. WATERSHED MANAGEMENT.
(a) In General.--The Secretary may provide technical,
planning, and design assistance to non-Federal interests for
carrying out watershed management, restoration, and
development projects at the locations described in subsection
(d).
(b) Specific Measures.--Assistance provided under
subsection (a) may be in support of non-Federal projects for
the following purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural
measures to reduce destructive impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost
of assistance provided under subsection (a) shall be 50
percent.
(d) Project Locations.--The locations referred to in
subsection (a) are the following:
(1) Big Creek watershed, Roswell, Georgia.
(2) Those portions of the watersheds of the Chattahoochee,
Etowah, Flint, Ocmulgee, and Oconee Rivers lying within the
counties of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry,
Paulding, Rockdale, and Walton, Georgia.
(3) Kinkaid Lake, Jackson County, Illinois.
(4) Amite River basin, Louisiana.
(5) East Atchafalaya River basin, Iberville Parish and
Pointe Coupee Parish, Louisiana.
(6) Red River watershed, Louisiana.
(7) Lower Platte River watershed, Nebraska.
(8) Rio Grande watershed, New Mexico.
(9) Taunton River basin, Massachusetts.
(10) Marlboro Township, New Jersey.
(11) Esopus, Plattekill, and Rondout Creeks, Greene,
Sullivan, and Ulster Counties, New York.
(12) Greenwood Lake watershed, New York and New Jersey.
(13) Long Island Sound watershed, New York.
(14) Ramapo River watershed, New York.
(15) Western Lake Erie basin, Ohio.
(16) Those portions of the watersheds of the Beaver, Upper
Ohio, Connoquenessing, Lower Allegheny, Kiskiminetas, Lower
Monongahela, Youghiogheny, Shenango, and Mahoning Rivers
lying within the counties of Beaver, Butler, Lawrence, and
Mercer, Pennsylvania.
(17) Otter Creek watershed, Pennsylvania.
(18) Unami Creek watershed, Milford Township, Pennsylvania.
(19) Sauk River basin, Washington.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.
SEC. 5003. DAM SAFETY.
(a) Assistance.--The Secretary may provide assistance to
enhance dam safety at the following locations:
(1) Fish Creek Dam, Blaine County, Idaho.
(2) Hamilton Dam, Saginaw River, Flint, Michigan.
(3) State Dam, Auburn, New York.
(4) Whaley Lake Dam, Pawling, New York.
(5) Ingham Spring Dam, Solebury Township, Pennsylvania.
(6) Leaser Lake Dam, Lehigh County, Pennsylvania.
(7) Stillwater Dam, Monroe County, Pennsylvania.
(8) Wissahickon Creek Dam, Montgomery County, Pennsylvania.
(b) Special Rule.--The assistance provided under subsection
(a) for State Dam, Auburn, New York, shall be for a project
for rehabilitation in accordance with the report on State Dam
Rehabilitation, Owasco Lake Outlet, New York, dated March
1999, if the Secretary determines that the project is
feasible.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $6,000,000.
SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS.
(a) In General.--Upon request of a non-Federal interest,
the Secretary shall evaluate the structural integrity and
effectiveness of a project for flood damage reduction and, if
the Secretary determines that the project does not meet such
minimum standards as the Secretary may establish and, absent
action by the Secretary, the project will fail, the Secretary
may take such action as may be necessary to restore the
integrity and effectiveness of the project.
(b) Priority.--The Secretary shall evaluate under
subsection (a) the following projects:
(1) Project for flood damage reduction, Arkansas River
Levees, Arkansas.
(2) Project for flood damage reduction, Nonconnah Creek,
Tennessee.
SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.
(a) In General.--Section 212(e) of the Water Resources
Development Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599)
is amended--
(1) by striking ``and'' at the end of paragraphs (23) and
(27);
(2) by striking the period at the end of paragraph (28) and
inserting a semicolon; and
(3) by adding at the end the following:
``(29) Ascension Parish, Louisiana;
``(30) East Baton Rouge Parish, Louisiana;
``(31) Iberville Parish, Louisiana;
``(32) Livingston Parish, Louisiana; and
``(33) Pointe Coupee Parish, Louisiana.''.
(b) Authorization of Appropriations.--Section 212(i)(1) of
such Act (33 U.S.C. 2332(i)(1)) is amended by striking
``section--'' and all that follows before the period at the
end and inserting ``section $20,000,000''.
SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS.
(a) In General.--Section 219(e) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113
Stat. 334) is amended--
(1) by striking ``and'' at the end of paragraph (7);
[[Page H3636]]
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) $35,000,000 for the project described in subsection
(c)(18);
``(10) $27,000,000 for the project described in subsection
(c)(19);
``(11) $20,000,000 for the project described in subsection
(c)(20);
``(12) $35,000,000 for the project described in subsection
(c)(23);
``(13) $20,000,000 for the project described in subsection
(c)(25);
``(14) $20,000,000 for the project described in subsection
(c)(26);
``(15) $35,000,000 for the project described in subsection
(c)(27);
``(16) $20,000,000 for the project described in subsection
(c)(28); and
``(17) $30,000,000 for the project described in subsection
(c)(40).''.
(b) East Arkansas Enterprise Community, Arkansas.--Federal
assistance made available under the rural enterprise zone
program of the Department of Agriculture may be used toward
payment of the non-Federal share of the costs of the project
described in section 219(c)(20) of the Water Resources
Development Act of 1992 (114 Stat. 2763A-219) if such
assistance is authorized to be used for such purposes.
SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION
FOR CERTAIN PROJECTS.
The Secretary shall expedite completion of the reports and,
if the Secretary determines that the project is feasible,
shall expedite completion of construction for the following
projects:
(1) False River, Louisiana, being carried out under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330).
(2) Fulmer Creek, Village of Mohawk, New York, being
carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s).
(3) Moyer Creek, Village of Frankfort, New York, being
carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s).
(4) Steele Creek, Village of Ilion, New York, being carried
out under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
(5) Oriskany Wildlife Management Area, Rome, New York,
being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(6) Whitney Point Lake, Otselic River, Whitney Point, New
York, being carried out under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a).
(7) North River, Peabody, Massachusetts, being carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(8) Chenango Lake, Chenango County, New York, being carried
out under section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330).
SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN
PROJECTS.
(a) In General.--The Secretary shall expedite completion of
the reports for the following projects and, if the Secretary
determines that a project is justified in the completed
report, proceed directly to project preconstruction,
engineering, and design:
(1) Project for water supply, Little Red River, Arkansas.
(2) Project for shoreline stabilization at Egmont Key,
Florida.
(3) Project for ecosystem restoration, University Lake,
Baton Rouge, Louisiana.
(4) Project for navigation, Sabine-Neches Waterway, Texas
and Louisiana.
(b) Special Rule for Egmont Key, Florida.--In carrying out
the project for shoreline stabilization at Egmont Key,
Florida, referred to in subsection (a)(3), the Secretary
shall waive any cost share to be provided by non-Federal
interests for any portion of the project that benefits
federally owned property.
SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESSMENT.
(a) In General.--The Secretary shall conduct, at Federal
expense, an assessment of the water resources needs of the
river basins and watersheds of the southeastern United
States.
(b) Cooperative Agreements.--In carrying out the
assessment, the Secretary may enter into cooperative
agreements with State and local agencies, non-Federal and
nonprofit entities, and regional researchers.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $7,000,000 to carry out this section.
SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT
PROGRAM.
Section 1103(e)(7) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)(7)) is amended--
(1) by adding at the end of subparagraph (A) the following:
``The non-Federal interest may provide the non-Federal share
of the cost of the project in the form of in-kind services
and materials.''; and
(2) by inserting after subparagraph (B) the following:
``(C) Notwithstanding section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b), a non-Federal interest may
include for any project undertaken under this section, a
nonprofit entity with the consent of the affected local
government.''.
SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVER ENHANCEMENT
PROJECT.
Section 514(g) of the Water Resources Development Act of
1999 (113 Stat. 343; 117 Stat. 142) is amended by striking
``and 2004'' and inserting ``through 2015''.
SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(f)(3)(B) of the Water Resources Development Act
of 2000 (42 U.S.C. 1962d-22; 114 Stat. 2646) is amended by
striking ``50 percent'' and inserting ``100 percent''.
SEC. 5013. 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 2012''.
SEC. 5014. GREAT LAKES TRIBUTARY MODELS.
Section 516(g)(2) of the Water Resources Development Act of
1996 (33 U.S.C. 2326b(g)(2)) is amended by striking ``through
2006'' and inserting ``through 2012''.
SEC. 5015. GREAT LAKES NAVIGATION.
(a) In General.--Using available funds, the Secretary shall
expedite the operation and maintenance, including dredging,
of the navigation features of the Great Lakes and Connecting
Channels for the purpose of supporting commercial navigation
to authorized project depths.
(b) Great Lakes and Connecting Channels Defined.--In this
section, the term ``Great Lakes and Connecting Channels''
includes Lakes Superior, Huron, Michigan, Erie, and Ontario,
all connecting waters between and among such lakes used for
commercial navigation, any navigation features in such lakes
or waters that are a Federal operation or maintenance
responsibility, and areas of the Saint Lawrence River that
are operated or maintained by the Federal government for
commercial navigation.
SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER PROJECT.
(a) In General.--The Secretary, in consultation with
appropriate Federal and State agencies, shall study, design,
and carry out a project for preventing and reducing the
dispersal of aquatic nuisance species through the Upper
Mississippi River system. The Secretary shall complete the
study, design, and construction of the project not later than
6 months after the date of enactment of this Act.
(b) Dispersal Barrier.--The Secretary, at Federal expense,
shall--
(1) investigate and identify environmentally sound methods
for preventing and reducing the dispersal of aquatic nuisance
species;
(2) study, design, and carry out a project for a dispersal
barrier, using available technologies and measures, to be
located in the lock portion of Lock and Dam 11 in the Upper
Mississippi River basin;
(3) monitor and evaluate, in cooperation with the Director
of the United States Fish and Wildlife Service, the
effectiveness of the project in preventing and reducing the
dispersal of aquatic nuisance species through the Upper
Mississippi River system, and report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the results of the evaluation; and
(4) operate and maintain the project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $4,000,000 to carry out this section.
SEC. 5017. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS,
DELAWARE, MARYLAND, PENNSYLVANIA, AND VIRGINIA.
(a) Ex Officio Member.--Notwithstanding section 3001(a) of
the 1997 Emergency Supplemental Appropriations Act for
Recovery From Natural Disasters, and for Overseas
Peacekeeping Efforts, Including Those in Bosnia (Public Law
105-18; 111 Stat. 176), section 2.2 of the Susquehanna River
Basin Compact (Public Law 91-575), and section 2.2 of 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 for any period for which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(e) Water Supply and Conservation Storage, Potomac River
Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Potomac River
[[Page H3637]]
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
for which the Commission has determined that a drought
warning or drought emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
SEC. 5018. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.
(a) Form of Assistance.--Section 510(a)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3759) is amended
by striking ``, and beneficial uses of dredged material'' and
inserting ``, beneficial uses of dredged material, and
restoration of submerged aquatic vegetation''.
(b) Authorization of Appropriations.--Section 510(i) of
such Act (110 Stat. 3761) is amended by striking
``$10,000,000'' and inserting ``$50,000,000''.
SEC. 5019. HYPOXIA ASSESSMENT.
The Secretary may participate with Federal, State, and
local agencies, non-Federal and nonprofit entities, regional
researchers, and other interested parties to assess hypoxia
in the Gulf of Mexico.
SEC. 5020. POTOMAC RIVER WATERSHED ASSESSMENT AND TRIBUTARY
STRATEGY EVALUATION AND MONITORING PROGRAM.
The Secretary may participate in the Potomac River
Watershed Assessment and Tributary Strategy Evaluation and
Monitoring Program to identify a series of resource
management indicators to accurately monitor the effectiveness
of the implementation of the agreed upon tributary strategies
and other public policies that pertain to natural resource
protection of the Potomac River watershed.
SEC. 5021. LOCK AND DAM SECURITY.
(a) Standards.--The Secretary, in consultation with the
Federal Emergency Management Agency, the Tennessee Valley
Authority, and the Coast Guard, shall develop standards for
the security of locks and dams, including the testing and
certification of vessel exclusion barriers.
(b) Site Surveys.--At the request of a lock or dam owner,
the Secretary shall provide technical assistance, on a
reimbursable basis, to improve lock or dam security.
(c) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with a nonprofit alliance of public and
private organizations that has the mission of promoting safe
waterways and seaports to carry out testing and certification
activities, and to perform site surveys, under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $3,000,000 to carry out this section.
SEC. 5022. REHABILITATION.
The Secretary, at Federal expense and not to exceed
$1,000,000, shall rehabilitate and improve the water-related
infrastructure and the transportation infrastructure for the
historic property in the Anacostia River Watershed located in
the District of Columbia, including measures to address wet
weather conditions. To carry out this section, the Secretary
shall accept funds provided for such project under any other
Federal program.
SEC. 5023. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND
SNAKE RIVER SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996
(16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 375) is
amended--
(1) in subsection (a)(6) by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(2) in subsection (c)(2) by striking ``$1,000,000'' and
inserting ``$10,000,000''.
SEC. 5024. AUBURN, ALABAMA.
The Secretary may provide technical assistance relating to
water supply to the city of Auburn, Alabama. There is
authorized to be appropriated $5,000,000 to carry out this
section.
SEC. 5025. PINHOOK CREEK, HUNTSVILLE, ALABAMA.
(a) Project Authorization.--The Secretary shall design and
construct the locally preferred plan for flood protection at
Pinhook Creek, Huntsville, Alabama. In carrying out the
project, the Secretary shall utilize, to the extent
practicable, the existing detailed project report for the
project prepared under the authority of section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(b) Participation by Non-Federal Interest.--The Secretary
shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of
the Water Resources Development Act of 1986 (100 Stat. 4184)
to the extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
(c) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 5026. ALASKA.
Section 570 of the Water Resources Development Act of 1999
(113 Stat. 369) is amended--
(1) in subsection (c) by inserting ``environmental
restoration,'' after ``water supply and related
facilities,'';
(2) in subsection (e)(3)(B) by striking the last sentence;
(3) in subsection (h) by striking ``$25,000,000'' and
inserting ``$45,000,000''; and
(4) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity with the consent of the
affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.''.
SEC. 5027. BARROW, ALASKA.
The Secretary shall carry out, under section 117 of the
Energy and Water Development Appropriations Act, 2005 (118
Stat. 2944), a nonstructural project for coastal erosion and
storm damage prevention and reduction at Barrow, Alaska,
including relocation of infrastructure.
SEC. 5028. COFFMAN COVE, ALASKA.
The Secretary is authorized to carry out a project for
navigation, Coffman Cove, Alaska, at a total cost of
$3,000,000.
SEC. 5029. FIRE ISLAND, ALASKA.
(a) In General.--The Secretary is authorized to provide
planning, design, and construction assistance to the non-
Federal interest for the construction of a causeway between
Point Campbell and Fire Island, Alaska, including the
beneficial use of dredged material in the construction of the
causeway.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this section.
SEC. 5030. FORT YUKON, ALASKA.
The Secretary shall make repairs to the dike at Fort Yukon,
Alaska, so that the dike meets Corps of Engineers standards.
SEC. 5031. KOTZEBUE HARBOR, ALASKA.
The Secretary is authorized to carry out a project for
navigation, Kotzebue Harbor, Kotzebue, Alaska, at total cost
of $2,200,000.
SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA.
(a) Long-Term Maintenance and Repair.--The Secretary shall
assume responsibility for the long-term maintenance and
repair of the Lowell Creek Tunnel.
(b) Study.--The Secretary shall conduct a study to
determine whether alternative methods of flood diversion in
Lowell Canyon are feasible.
SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.
The Secretary shall carry out, on an emergency basis,
necessary removal of rubble, sediment, and rock impeding the
entrance to the St. Herman and St. Paul Harbors, Kodiak,
Alaska, at a Federal cost of $2,000,000.
SEC. 5034. TANANA RIVER, ALASKA.
The Secretary shall carry out, on an emergency basis, the
removal of the hazard to navigation on the Tanana River,
Alaska, near the mouth of the Chena River, as described in
the January 3, 2005, memorandum from the Commander,
Seventeenth Coast Guard District, to the Corps of Engineers,
Alaska District, Anchorage, Alaska.
SEC. 5035. VALDEZ, ALASKA.
The Secretary is authorized to construct a small boat
harbor in Valdez, Alaska, at a total cost of $20,000,000,
with an estimated Federal cost of $10,500,000 and an
estimated non-Federal cost of $9,500,000.
SEC. 5036. WHITTIER, ALASKA.
(a) Study.--The Secretary shall conduct, at Federal
expense, a study to determine the feasibility of carrying out
projects for navigation at Whittier, Alaska, to construct a
new boat harbor at the head of Whittier Bay and to expand the
existing harbor and, if the Secretary determines that a
project is feasible, the Secretary may carry out the project.
(b) Non-Federal Cost Share.--The non-Federal interest for
the project may use, and the Secretary shall accept, funds
provided by a Federal agency under any other Federal program,
to satisfy, in whole or in part, the non-Federal share of the
cost of the project if such funds are authorized to be used
to carry out the project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $35,200,000.
SEC. 5037. WRANGELL HARBOR, ALASKA.
(a) General Navigation Features.--In carrying out the
project for navigation, Wrangell Harbor, Alaska, authorized
by section 101(b)(1) of the Water Resources Development Act
of 1999 (113 Stat. 279), the Secretary shall consider the
dredging of the mooring basin and construction of the inner
harbor facilities to be general navigation features for
purposes of estimating the non-Federal share of project
costs.
(b) Revision of Partnership Agreement.--The Secretary shall
revise the partnership agreement for the project to reflect
the change required by subsection (a).
SEC. 5038. AUGUSTA AND CLARENDON, ARKANSAS.
(a) In General.--The Secretary is authorized to perform
operation, maintenance, and rehabilitation of authorized and
completed levees on the White River between Augusta and
Clarendon, Arkansas.
(b) Reimbursement.--After performing the operation,
maintenance, and rehabilitation under subsection (a), the
Secretary shall seek reimbursement from the Secretary of the
Interior of an amount equal to the costs allocated to
benefits to a Federal wildlife refuge of such operation,
maintenance, and rehabilitation.
SEC. 5039. DES ARC LEVEE PROTECTION, ARKANSAS.
The Secretary shall review the project for flood control,
Des Arc, Arkansas, to determine whether bank and channel
scour along the White River threaten the existing project and
whether the scour is as a result of a design deficiency. If
the Secretary determines that such conditions exist as a
result of a deficiency, the Secretary shall carry out
measures to eliminate the deficiency.
SEC. 5040. LOOMIS LANDING, ARKANSAS.
The Secretary shall conduct a study of shore damage in the
vicinity of Loomis Landing, Arkansas, to determine if the
damage is the result of a Federal navigation project, and, if
the Secretary determines that the damage is the result
[[Page H3638]]
of a Federal navigation project, the Secretary shall carry
out a project to mitigate the damage under section 111 of the
River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 5041. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI.
The Secretary shall conduct a study of increased siltation
and streambank erosion in the St. Francis River Basin,
Arkansas and Missouri, to determine if the siltation or
erosion, or both, are the result of a Federal flood control
project and, if the Secretary determines that the siltation
or erosion, or both, are the result of a Federal flood
control project, the Secretary shall carry out a project to
mitigate the siltation or erosion, or both.
SEC. 5042. CAMBRIA, CALIFORNIA.
Section 219(f)(48) of the Water Resources Development Act
of 1992 (114 Stat. 2763A-220) is amended--
(1) by striking ``$10,300,000'' and inserting the
following:
``(A) In general.--$10,300,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project not to exceed
$3,000,000 for the cost of planning and design work carried
out by the non-Federal interest before the date of the
partnership agreement for the project if the Secretary
determines that the work is integral to the project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5043. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN,
CALIFORNIA; MALLARD SLOUGH, PITTSBURG,
CALIFORNIA.
Sections 512 and 514 of the Water Resources Development Act
of 2000 (114 Stat. 2650) are each amended by adding at the
end the following: ``All planning, study, design, and
construction on the project shall be carried out by the
office of the district engineer, San Francisco,
California.''.
SEC. 5044. DANA POINT HARBOR, CALIFORNIA.
The Secretary shall conduct a study of the causes of water
quality degradation within Dana Point Harbor, California, to
determine if the degradation is the result of a Federal
navigation project, and, if the Secretary determines that the
degradation is the result of a Federal navigation project,
the Secretary shall carry out a project to mitigate the
degradation at Federal expense.
SEC. 5045. EAST SAN JOAQUIN COUNTY, CALIFORNIA.
Section 219(f)(22) of the Water Resources Development Act
of 1992 (113 Stat. 336) is amended--
(1) by striking ``$25,000,000'' and inserting the
following:
``(A) In general.--$25,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project (i) the cost of
design and construction work carried out by the non-Federal
interest before, on, or after the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project; and (ii) the cost of
provided for the project by the non-Federal interest.
``(C) In-kind contributions.--The non-Federal interest may
provide any portion of the non-Federal share of the cost of
the project in the form of in-kind services and materials.'';
and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5046. EASTERN SANTA CLARA BASIN, CALIFORNIA.
Section 111(c) of the Miscellaneous Appropriations Act,
2001 (as enacted into law by Public Law 106-554; 114 Stat.
2763A-224) is amended--
(1) by striking ``$25,000,000'' and inserting
``$28,000,000''; and
(2) by striking ``$7,000,000'' and inserting
``$10,000,000''.
SEC. 5047. LOS OSOS, CALIFORNIA.
Section 219(c)(27) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 114 Stat. 2763A-219) is amended to
read as follows:
``(27) Los osos, california.--Wastewater infrastructure,
Los Osos, California.''.
SEC. 5048. PINE FLAT DAM AND RESERVOIR, CALIFORNIA.
(a) In General.--The Secretary shall review the Kings River
Fisheries Management Program Framework Agreement, dated May
29, 1999, among the California Department of Fish and Game,
the Kings River Water Association, and the Kings River
Conservation District and, if the Secretary determines that
the management program is feasible, the Secretary may
participate in the management program.
(b) Prohibition.--Nothing in this section authorizes any
project for the raising of, or the construction of, a
multilevel intake structure at Pine Flat Dam, California.
(c) 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 Report
of the Chief of Engineers, Pine Flat Dam and Reservoir,
Fresno County, California, dated July 19, 2002.
(d) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to $20,000,000 to carry out this section.
SEC. 5049. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND SAN
GABRIEL BASIN, CALIFORNIA.
(a) Comprehensive Plan.--The Secretary, in consultation and
coordination with appropriate Federal, State, and local
entities, shall develop a comprehensive plan for the
management of water resources in the Raymond Basin, Six
Basins, Chino Basin, and San Gabriel Basin, California. The
Secretary may carry out activities identified in the
comprehensive plan to demonstrate practicable alternatives
for water resources management.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
activities carried out under this section shall be 35
percent.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under
this section the cost of planning, design, and construction
work completed by or on behalf of the non-Federal interests
for implementation of measures under this section. The amount
of such credit shall not exceed the non-Federal share of the
cost of such activities.
(3) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance of any measures
constructed under this section shall be 100 percent.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.
SEC. 5050. SAN FRANCISCO, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with the
Port of San Francisco, California, may carry out the project
for repair and removal, as appropriate, of Piers 30-32, 35,
36, 70 (including Wharves 7 and 8), and 80 in San Francisco,
California, substantially in accordance with the Port's
redevelopment plan.
(b) Authorization of Appropriation.--There is authorized to
be appropriated $25,000,000 to carry out this subsection.
SEC. 5051. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
(a) Area to Be Declared Nonnavigable; Public Interest.--
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional
public planning organizations), that the proposed projects to
be undertaken within the boundaries of the portion of the San
Francisco, California, waterfront area described in
subsection (b) are not in the public interest, such portion
is declared to be nonnavigable waters of the United States.
(b) Northern Embarcadero South of Bryant Street.--The
portion of the San Francisco, California, waterfront area
referred to in subsection (a) is as follows: Beginning at the
intersection of the northeasterly prolongation of that
portion of the northwesterly line of Bryant Street lying
between Beale Street and Main Street with the southwesterly
line of Spear Street, which intersection lies on the line of
jurisdiction of the San Francisco Port Commission; following
thence southerly along said line of jurisdiction as described
in the State of California Harbor and Navigation Code Section
1770, as amended in 1961, to its intersection with the
easterly line of Townsend Street along a line that is
parallel and distant 10 feet southerly from the existing
southern boundary of Pier 40 produced 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 Bryant Street produced northwesterly; thence
southwesterly along said northwesterly line of Bryant Street
produced to the point of beginning.
(c) Requirement That Area Be Improved.--The declaration of
nonnavigability under subsection (a) applies only to those
parts of the area described in subsection (b) that are or
will be bulkheaded, filled, or otherwise occupied by
permanent structures and does not affect the applicability of
any Federal statute or regulation applicable to such parts
the day before the date of enactment of this Act, including
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401
and 403; 30 Stat. 1151), commonly known as the Rivers and
Harbors Appropriation Act of 1899, section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344), and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Expiration Date.--If, 20 years from the date of
enactment of this Act, any area or part thereof described in
subsection (b) is not bulkheaded or filled or occupied by
permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (c),
or if work in connection with any activity permitted in
subsection (c) is not commenced within 5 years after issuance
of such permits, then the declaration of nonnavigability for
such area or part thereof shall expire.
SEC. 5052. SAN PABLO BAY, CALIFORNIA, WATERSHED AND SUISUN
MARSH ECOSYSTEM RESTORATION.
(a) San Pablo Bay Watershed, California.--
(1) In general.--The Secretary shall complete work, as
expeditiously as possible, on the ongoing San Pablo Bay
watershed, California, study to determine the feasibility of
opportunities for restoring, preserving and protecting the
San Pablo Bay watershed.
(2) Report.--Not later than March 31, 2008, the Secretary
shall submit to Congress a report on the results of the
study.
(b) Suisun Marsh, California.--The Secretary shall conduct
a comprehensive study to
[[Page H3639]]
determine the feasibility of opportunities for restoring,
preserving and protecting the Suisun Marsh, California.
(c) San Pablo and Suisun Bay Marsh Watershed Critical
Restoration Projects.--
(1) In general.--The Secretary may participate in critical
restoration projects that will produce, consistent with
Federal programs, projects, and activities, immediate and
substantial ecosystem restoration, preservation, and
protection benefits in the following sub-watersheds of the
San Pablo and Suisun Bay Marsh watersheds:
(A) The tidal areas of the Petaluma River, Napa-Sonoma
Marsh.
(B) The shoreline of West Contra Costa County.
(C) Novato Creek.
(D) Suisun Marsh.
(E) Gallinas-Miller Creek.
(2) Types of assistance.--Participation in critical
restoration projects under this subsection may include
assistance for planning, design, or construction.
(d) Non-Federal Interests.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity with the consent of the
affected local government.
(e) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of construction of a project under
this section--
(1) the value of any lands, easements, rights-of-way,
dredged material disposal areas, or relocations provided by
the non-Federal interest for carrying out the project,
regardless of the date of acquisition;
(2) funds received from the CALFED Bay-Delta program; and
(3) the cost of the studies, design, and construction work
carried out by the non-Federal interest before the date of
execution of a partnership agreement for the project if the
Secretary determines that the work is integral to the
project.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
SEC. 5053. STOCKTON, CALIFORNIA.
(a) Reevaluation.--The Secretary shall reevaluate the
feasibility of the Lower Mosher Slough element and the levee
extensions on the Upper Calaveras River element of the
project for flood control, Stockton Metropolitan Area,
California, carried out under section 211(f)(3) of the Water
Resources Development Act of 1996 (110 Stat. 3683), to
determine the eligibility of such elements for reimbursement
under section 211 of such Act (33 U.S.C. 701b-13).
(b) Special Rules for Reevaluation.--In conducting the
reevaluation under subsection (a), the Secretary shall not
reject a feasibility determination based on one or more of
the policies of the Corps of Engineers concerning the
frequency of flooding, the drainage area, and the amount of
runoff.
(c) Reimbursement.--If the Secretary determines that the
elements referred to subsection (a) are feasible, the
Secretary shall reimburse, subject to appropriations, the
non-Federal interest under section 211 of the Water Resources
Development Act of 1996 for the Federal share of the cost of
such elements.
SEC. 5054. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN
HARBOR, CONNECTICUT.
(a) Designation.--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''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
breakwater referred to in subsection (a) shall be deemed to
be a reference to the ``Charles Hervey Townshend
Breakwater''.
SEC. 5055. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
Section 109 of the Miscellaneous Appropriations Act, 2001
(enacted into law by Public Law 106-554) (114 Stat. 2763A-
222) is amended--
(1) by adding at the end of subsection (e)(2) the
following:
``(C) Credit for work prior to execution of the partnership
agreement.--The Secretary shall credit toward the non-Federal
share of the cost of the project--
``(i) the cost of construction work carried out by the non-
Federal interest before the date of the partnership agreement
for the project if the Secretary determines that the work is
integral to the project; and
``(ii) the cost of land acquisition carried out by the non-
Federal interest for projects to be carried out under this
section.''; and
(2) in subsection (f) by striking ``$100,000,000'' and
inserting ``$100,000,000, of which not more than $15,000,000
may be used to provide planning, design, and construction
assistance to the Florida Keys Aqueduct Authority for a water
treatment plant, Florida City, Florida''.
SEC. 5056. LAKE WORTH, FLORIDA.
The Secretary may carry out necessary repairs for the Lake
Worth bulkhead replacement project, West Palm Beach, Florida,
at an estimated total cost of $9,000,000.
SEC. 5057. RILEY CREEK RECREATION AREA, IDAHO.
The Secretary is authorized to carry out the Riley Creek
Recreation Area Operation Plan of the Albeni Falls Management
Plan, dated October 2001, for the Riley Creek Recreation
Area, Albeni Falls Dam, Bonner County, Idaho.
SEC. 5058. RECONSTRUCTION OF ILLINOIS FLOOD PROTECTION
PROJECTS.
(a) In General.--The Secretary may participate in the
reconstruction of an eligible flood control project if the
Secretary determines that such reconstruction is not required
as a result of improper operation and maintenance of the
project by the non-Federal interest.
(b) Cost Sharing.--The non-Federal share of the costs for
the reconstruction of a flood control project authorized by
this section shall be the same non-Federal share that was
applicable to construction of the project. The non-Federal
interest shall be responsible for operation and maintenance
and repair of a project for which reconstruction is
undertaken under this section.
(c) Reconstruction Defined.--In this section, the term
``reconstruction'', as used with respect to a project, means
addressing major project deficiencies caused by long-term
degradation of the foundation, construction materials, or
engineering systems or components of the project, the results
of which render the project at risk of not performing in
compliance with its authorized project purposes. In
addressing such deficiencies, the Secretary may incorporate
current design standards and efficiency improvements,
including the replacement of obsolete mechanical and
electrical components at pumping stations, if such
incorporation does not significantly change the scope,
function, and purpose of the project as authorized.
(d) Eligible Projects.--The following flood control
projects are eligible for reconstruction under this section:
(1) Clear Creek Drainage and Levee District, Illinois.
(2) Fort Chartres and Ivy Landing Drainage District,
Illinois.
(3) Cairo, Illinois Mainline Levee, Cairo, Illinois.
(4) Goose Pond Pump Station, Cairo, Illinois.
(5) Cottonwood Slough Pump Station, Alexander County,
Illinois.
(6) 10th and 28th Street Pump Stations, Cairo, Illinois.
(7) Prairie Du Pont Levee and Sanitary District, including
Fish Lake Drainage and Levee District, Illinois.
(8) Flood control levee projects in Brookport, Shawneetown,
Old Shawneetown, Golconda, Rosiclare, Harrisburg, and
Reevesville, Illinois.
(e) Justification.--The reconstruction of a project
authorized by this section shall not be considered a
separable element of the project.
(f) Authorization of Appropriations.--There is authorized
to be appropriated--
(1) $15,000,000 to carry out the projects described in
paragraphs (1) through (7) of subsection (d); and
(2) $15,000,000 to carry out the projects described in
subsection (d)(8).
Such sums shall remain available until expended.
SEC. 5059. ILLINOIS RIVER BASIN RESTORATION.
(a) Extension of Authorization.--Section 519(c)(2) of the
Water Resources Development Act of 2000 (114 Stat. 2654) is
amended by striking ``2004'' and inserting ``2010''.
(b) In-Kind Services.--Section 519(g)(3) of such Act (114
Stat. 2655) is amended by inserting before the period at the
end of the first sentence ``if such services are provided not
more than 5 years before the date of initiation of the
project or activity''.
(c) Nonprofit Entities and Monitoring.--Section 519 of such
Act (114 Stat. 2654) is amended by adding at the end the
following:
``(h) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity, with the consent of
the affected local government.
``(i) Monitoring.--The Secretary shall develop an Illinois
river basin monitoring program to support the plan referred
to in subsection (b). Data collected under the monitoring
program shall incorporate data provided by the State of
Illinois and shall be publicly accessible through electronic
means.''.
SEC. 5060. KASKASKIA RIVER BASIN, ILLINOIS, RESTORATION.
(a) Kaskaskia River Basin Defined.--In this section, the
term ``Kaskaskia River Basin'' means the Kaskaskia River,
Illinois, its backwaters, its side channels, and all
tributaries, including their watersheds, draining into the
Kaskaskia River.
(b) Comprehensive Plan.--
(1) Development.--The Secretary shall develop, as
expeditiously as practicable, a comprehensive plan for the
purpose of restoring, preserving, and protecting the
Kaskaskia River Basin.
(2) Technologies and innovative approaches.--The
comprehensive plan shall provide for the development of new
technologies and innovative approaches--
(A) to enhance the Kaskaskia River as a transportation
corridor;
(B) to improve water quality within the entire Kaskaskia
River Basin;
(C) to restore, enhance, and preserve habitat for plants
and wildlife;
(D) to ensure aquatic integrity of sidechannels and
backwaters and their connectivity with the mainstem river;
(E) to increase economic opportunity for agriculture and
business communities; and
(F) to reduce the impacts of flooding to communities and
landowners.
(3) Specific components.--The comprehensive plan shall
include such features as are necessary to provide for--
(A) the development and implementation of a program for
sediment removal technology, sediment characterization,
sediment transport, and beneficial uses of sediment;
(B) the development and implementation of a program for the
planning, conservation, evaluation, and construction of
measures for fish and wildlife habitat conservation and
rehabilitation, and stabilization and enhancement of land and
water resources in the basin;
(C) the development and implementation of a long-term
resource monitoring program;
[[Page H3640]]
(D) a conveyance study of the Kaskaskia River floodplain
from Vandalia, Illinois, to Carlyle Lake to determine the
impacts of existing and future waterfowl improvements on
flood stages, including detailed surveys and mapping
information to ensure proper hydraulic and hydrological
analysis;
(E) the development and implementation of a computerized
inventory and analysis system; and
(F) the development and implementation of a systemic plan
to reduce flood impacts by means of ecosystem restoration
projects.
(4) Consultation.--The comprehensive plan shall be
developed by the Secretary in consultation with appropriate
Federal agencies, the State of Illinois, and the Kaskaskia
River Watershed Association.
(5) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit
to Congress a report containing the comprehensive plan.
(6) Additional studies and analyses.--After transmission of
a report under paragraph (5), the Secretary shall conduct
studies and analyses of projects related to the comprehensive
plan that are appropriate and consistent with this
subsection.
(c) General Provisions.--
(1) Water quality.--In carrying out activities under this
section, the Secretary's recommendations shall be consistent
with applicable State water quality standards.
(2) Public participation.--In developing the comprehensive
plan under subsection (b), the Secretary shall implement
procedures to facilitate public participation, including
providing advance notice of meetings, providing adequate
opportunity for public input and comment, maintaining
appropriate records, and making a record of the proceedings
of meetings available for public inspection.
(d) Critical Projects and Initiatives.--If the Secretary,
in cooperation with appropriate Federal agencies and the
State of Illinois, determines that a project or initiative
for the Kaskaskia River Basin will produce independent,
immediate, and substantial benefits, the Secretary may
proceed expeditiously with the implementation of the project.
(e) Coordination.--The Secretary shall integrate activities
carried out under this section with ongoing Federal and State
programs, projects, and activities, including the following:
(1) Farm programs of the Department of Agriculture.
(2) Conservation Reserve Enhancement Program (State of
Illinois) and Conservation 2000 Ecosystem Program of the
Illinois Department of Natural Resources.
(3) Conservation 2000 Conservation Practices Program and
the Livestock Management Facilities Act administered by the
Illinois Department of Agriculture.
(4) National Buffer Initiative of the Natural Resources
Conservation Service.
(5) Nonpoint source grant program administered by the
Illinois Environmental Protection Agency.
(6) Other programs that may be developed by the State of
Illinois or the Federal Government, or that are carried out
by non-profit organizations, to carry out the objectives of
the Kaskaskia River Basin Comprehensive Plan.
(f) In-Kind Services.--The Secretary may credit the cost of
in-kind services provided by the non-Federal interest for an
activity carried out under this section toward not more than
80 percent of the non-Federal share of the cost of the
activity. In-kind services shall include all State funds
expended on programs that accomplish the goals of this
section, as determined by the Secretary. The programs may
include the Kaskaskia River Conservation Reserve Program, the
Illinois Conservation 2000 Program, the Open Lands Trust
Fund, and other appropriate programs carried out in the
Kaskaskia River Basin.
SEC. 5061. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, CHICAGO,
ILLINOIS.
(a) In General.--The Secretary shall provide assistance for
a project to develop maps identifying 100- and 500-year flood
inundation areas along the Little Calumet River, Chicago,
Illinois.
(b) Requirements.--Maps developed under the project shall
include hydrologic and hydraulic information and shall
accurately show the flood inundation of each property by
flood risk in the floodplain. The maps shall be produced in a
high resolution format and shall be made available to all
flood prone areas along the Little Calumet River, Chicago,
Illinois, in an electronic format.
(c) Participation of FEMA.--The Secretary and the non-
Federal interests for the project shall work with the
Director of the Federal Emergency Management Agency to ensure
the validity of the maps developed under the project for
flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements
with the non-Federal interests or provide reimbursements of
project costs.
(e) Federal Share.--The Federal share of the cost of the
project shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000.
SEC. 5062. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS.
(a) Review.--
(1) In general.--The Secretary may carry out 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.
(3) Standards.--The review shall be based on the standards
under part 68 of title 36, Code of Federal Regulations, 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 under subsection
(a).
(c) Effect of Section.--Nothing in this section affects the
authorization for the project for the Chicago Shoreline,
Chicago, Illinois.
SEC. 5063. BURNS WATERWAY HARBOR, INDIANA.
The Secretary shall conduct a study of shoaling in the
vicinity of Burns Waterway Harbor, Indiana, to determine if
the shoaling is the result of a Federal navigation project,
and, if the Secretary determines that the shoaling is the
result of a Federal navigation project, the Secretary shall
carry out a project to mitigate the shoaling under section
111 of the River and Harbor Act of 1968 (33 U.S.C. 426).
SEC. 5064. CALUMET REGION, INDIANA.
Section 219(f)(12) of the Water Resources Development Act
of 1992 (113 Stat. 335; 117 Stat. 1843) is amended--
(1) by striking ``$30,000,000'' and inserting the
following:
``(A) In general.--$100,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of planning
and design work carried out by the non-Federal interest
before, on, or after the date of the partnership agreement
for the project if the Secretary determines that the work is
integral to the project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5065. PADUCAH, KENTUCKY.
The Secretary shall complete a feasibility report for
rehabilitation of the project for flood damage reduction,
Paducah, Kentucky, and, if the Secretary determines that the
project is feasible, the Secretary shall carry out the
project at a total cost of $3,000,000.
SEC. 5066. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act of 1996
(110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) is amended by
adding the following:
``(i) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.''.
SEC. 5067. WINCHESTER, KENTUCKY.
Section 219(c) of the Water Resources Development Act of
1992 (106 Stat. 4835; 114 Stat. 2763A-219) is amended by
adding at the end the following:
``(41) Winchester, kentucky.--Wastewater infrastructure,
Winchester, Kentucky.''.
SEC. 5068. BATON ROUGE, LOUISIANA.
Section 219(f)(21) of the Water Resources Development Act
of 1992 (113 Stat. 336; 114 Stat. 2763A-220) is amended by
striking ``$20,000,000'' and inserting ``$35,000,000''.
SEC. 5069. CALCASIEU SHIP CHANNEL, LOUISIANA.
The Secretary shall expedite completion of a dredged
material management plan for the Calcasieu Ship Channel,
Louisiana, and may take interim measures to increase the
capacity of existing disposal areas, or to construct new
confined or beneficial use disposal areas, for the channel.
SEC. 5070. CROSS LAKE, SHREVEPORT, LOUISIANA.
The Secretary may accept from the Department of the Air
Force, and may use, not to exceed $4,500,000 to assist the
city of Shreveport, Louisiana, with its plan to construct a
water intake facility.
SEC. 5071. WEST BATON ROUGE PARISH, LOUISIANA.
(a) Modification of Study.--The study for waterfront and
riverine preservation, restoration, and enhancement,
Mississippi River, West Baton Rouge Parish, Louisiana, being
carried out under Committee Resolution 2570 of the Committee
on Transportation and Infrastructure of the House of
Representatives adopted July 23, 1998, is modified--
(1) to add West Feliciana Parish and East Baton Rouge
Parish to the geographic scope of the study; and
(2) to direct the Secretary to credit toward the non-
Federal share the cost of the study and the non-Federal share
of the cost of any project authorized by law as a result of
the study the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the study or project, as the case may be.
(b) Expedited Consideration.--Section 517(5) of the Water
Resources Development Act of 1999 (113 Stat. 345) is amended
to read as follows:
``(5) Mississippi River, West Baton Rouge, West Feliciana,
and East Baton Rouge Parishes, Louisiana, project for
waterfront and riverine preservation, restoration, and
enhancement modifications.''.
SEC. 5072. CHARLESTOWN, MARYLAND.
(a) In General.--The Secretary may carry out a project for
nonstructural flood damage reduction and ecosystem
restoration at Charlestown, Maryland.
(b) Land Acquisition.--The flood damage reduction component
of the project may include the acquisition of private
property from willing sellers.
(c) Justification.--Any nonstructural flood damage
reduction project to be carried out under this section that
will result in the conversion of property to use for
ecosystem restoration and wildlife habitat shall be justified
based on national ecosystem restoration benefits.
[[Page H3641]]
(d) Use of Acquired Property.--Property acquired under this
section shall be maintained in public ownership for ecosystem
restoration and wildlife habitat.
(e) Ability to Pay.--In determining the appropriate non-
Federal cost share for the project, the Secretary shall
determine the ability of Cecil County, Maryland, to
participate as a cost-sharing non-Federal interest in
accordance with section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)).
(f) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 to carry out this section.
SEC. 5073. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND
MARYLAND.
(a) Comprehensive Action Plan.--Not later than one year
after the date of enactment of this Act, the Secretary, in
coordination with the Mayor of the District of Columbia, the
Governor of Maryland, the county executives of Montgomery
County and Prince George's County, Maryland, and other
interested entities, shall develop and make available to the
public a 10-year comprehensive action plan to provide for the
restoration and protection of the ecological integrity of the
Anacostia River and its tributaries.
(b) Public Availability.--On completion of the
comprehensive action plan under subsection (a), the Secretary
shall make the plan available to the public, including on the
Internet.
SEC. 5074. 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 Delaware and Maryland 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. 5075. MASSACHUSETTS DREDGED MATERIAL DISPOSAL SITES.
The Secretary may cooperate with Massachusetts in the
management and long-term monitoring of aquatic dredged
material disposal sites within the State, and is authorized
to accept funds from the State to carry out such activities.
SEC. 5076. ONTONAGON HARBOR, MICHIGAN.
The Secretary shall conduct a study of shore damage in the
vicinity of the project for navigation, Ontonagon Harbor,
Ontonagon County, Michigan, authorized by section 101 of the
Rivers and Harbors Act of 1962 (76 Stat. 1176, 100 Stat.
4213, 110 Stat. 3730), to determine if the damage is the
result of a Federal navigation project, and, if the Secretary
determines that the damage is the result of a Federal
navigation project, the Secretary shall carry out a project
to mitigate the damage under section 111 of the River and
Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 5077. CROOKSTON, MINNESOTA.
The Secretary shall conduct a study for a project for
emergency streambank protection along the Red Lake River in
Crookston, Minnesota, and, if the Secretary determines that
the project is feasible, the Secretary may carry out the
project under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r); except that the maximum amount of Federal funds
that may be expended for the project shall be $6,500,000.
SEC. 5078. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.
(a) Project Description.--Section 219(f)(61) of the Water
Resources Development Act of 1992 (114 Stat. 2763A-221) is
amended--
(1) in the paragraph heading by striking ``and kathio
township'' and inserting ``, crow wing county, mille lacs
county, mille lacs indian reservation, and kathio township'';
(2) by striking ``$11,000,000'' and inserting
``$17,000,000'';
(3) by inserting ``, Crow Wing County, Mille Lacs County,
Mille Lacs Indian Reservation (10 Stat. 1165),'' after
``Garrison''; and
(4) by adding at the end the following: ``Such assistance
shall be provided directly to the Garrison-Kathio-West Mille
Lacs Lake Sanitary District, Minnesota, except for assistance
provided directly to the Mille Lacs Band of Ojibwe at the
discretion of the Secretary.''.
(b) Procedures.--In carrying out the project authorized by
such section 219(f)(61), the Secretary may use the cost
sharing and contracting procedures available to the Secretary
under section 569 of the Water Resources Development Act of
1999 (113 Stat. 368).
SEC. 5079. ITASCA COUNTY, MINNESOTA.
The Secretary shall carry out a project for flood damage
reduction, Trout Lake and Canisteo Pit, Itasca County,
Minnesota, irrespective of normal policy considerations.
SEC. 5080. MINNEAPOLIS, MINNESOTA.
(a) Conveyance.--The Secretary shall convey to the city of
Minneapolis by quitclaim deed and without consideration all
right, title, and interest of the United States to the
property known as the War Department (Fort Snelling
Interceptor) Tunnel in Minneapolis, Minnesota.
(b) Applicability of Property Screening Provisions.--
Section 2696 of title 10, United States Code, shall not apply
to the conveyance under this section.
SEC. 5081. NORTHEASTERN MINNESOTA.
(a) In General.--Section 569 of the Water Resources
Development Act of 1999 (113 Stat. 368) is amended--
(1) in subsection (a) by striking ``Benton, Sherburne,''
and inserting ``Beltrami, Hubbard, Wadena,'';
(2) by striking the last sentence of subsection (e)(3)(B);
(3) by striking subsection (g) and inserting the following:
``(g) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity.'';
(4) in subsection (h) by striking ``$40,000,000'' and
inserting ``$54,000,000''; and
(5) by adding at the end the following:
``(i) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.''.
(b) Biwabik, Minnesota.--The Secretary shall reimburse the
non-Federal interest for the project for environmental
infrastructure, Biwabik, Minnesota, carried out under section
569 of the Water Resources Development Act of 1999 (113 Stat.
368), for planning, design, and construction costs that were
incurred by the non-Federal interest with respect to the
project before the date of the partnership agreement for the
project and that were in excess of the non-Federal share of
the cost of the project if the Secretary determines that the
costs are appropriate.
SEC. 5082. WILD RICE RIVER, MINNESOTA.
The Secretary shall expedite the completion of the general
reevaluation report, authorized by section 438 of the Water
Resources Development Act of 2000 (114 Stat. 2640), for the
project for flood protection, Wild Rice River, Minnesota,
authorized by section 201 of the Flood Control Act of 1970
(84 Stat. 1825), to develop alternatives to the Twin Valley
Lake feature, and upon the completion of such report, shall
construct the project at a total cost of $20,000,000.
SEC. 5083. HARRISON, HANCOCK, AND JACKSON COUNTIES,
MISSISSIPPI.
In carrying out projects for the protection, restoration,
and creation of aquatic and ecologically related habitats
located in Harrison, Hancock, and Jackson Counties,
Mississippi, under section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326), the Secretary shall
accept any portion of the non-Federal share of the cost of
the project in the form of in-kind services and materials.
SEC. 5084. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS.
As a part of the operation and maintenance of the project
for the Mississippi River (Regulating Works), between the
Ohio and Missouri Rivers, Missouri and Illinois, authorized
by the first section of an Act entitled ``Making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', approved June 25, 1910, the Secretary may carry
out activities necessary to restore and protect fish and
wildlife habitat in the middle Mississippi River system. Such
activities may include modification of navigation training
structures, modification and creation of side channels,
modification and creation of islands, and studies and
analysis necessary to apply adaptive management principles in
design of future work.
SEC. 5085. ST. LOUIS, MISSOURI.
Section 219(f)(32) of the Water Resources Development Act
of 1992 (113 Stat. 337) is amended--
(1) by striking ``project'' and inserting ``projects'';
(2) by striking ``$15,000,000'' and inserting
``$35,000,000''; and
(3) by inserting ``and St. Louis County'' before ``,
Missouri''.
SEC. 5086. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324 of the Water Resources Development Act of 1992
(106 Stat. 4849; 110 Stat. 3779) is amended--
(1) in subsection (a)--
(A) by striking ``design'' and inserting ``planning,
design,''; and
(B) by striking ``Hackensack Meadowlands Development'' and
all that follows through ``Plan for'' and inserting ``New
Jersey Meadowlands Commission for the development of an
environmental improvement program for'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Required'';
(B) by striking ``shall'' and inserting ``may'';
(C) by striking paragraph (1) and inserting the following:
``(1) Restoration and acquisitions of significant wetlands
and aquatic habitat that contribute to the Meadowlands
ecosystem.'';
(D) in paragraph (2) by inserting ``and aquatic habitat''
before the period at the end; and
(E) by striking paragraph (7) and inserting the following:
``(7) Research, development, and implementation for a water
quality improvement program, including restoration of
hydrology and tidal flows and remediation of hot spots and
other sources of contaminants that degrade existing or
planned sites.'';
(3) in subsection (c) by inserting before the last sentence
the following: ``The non-Federal sponsor may also provide in-
kind services, not to exceed the non-Federal share of the
total project cost, and may also receive credit for
reasonable cost of design work completed prior to entering
into the partnership agreement with the Secretary for a
project to be carried out under the program developed under
subsection (a).''; and
(4) in subsection (d) by striking ``$5,000,000'' and
inserting ``$35,000,000''.
SEC. 5087. ATLANTIC COAST OF NEW YORK.
(a) Development of Program.--Section 404(a) of the Water
Resources Development Act of 1992 (106 Stat. 4863) is
amended--
(1) by striking ``processes'' and inserting ``and related
environmental processes'';
(2) by inserting after ``Atlantic Coast'' the following:
``(and associated back bays)'';
[[Page H3642]]
(3) by inserting after ``actions'' the following: ``,
environmental restoration or conservation measures for
coastal and back bays,''; and
(4) by adding at the end the following: ``The plan for
collecting data and monitoring information included in such
annual report shall be fully coordinated with and agreed to
by appropriate agencies of the State of New York.''.
(b) Annual Reports.--Section 404(b) of such Act is
amended--
(1) by striking ``Initial Plan.--Not later than 12 months
after the date of the enactment of this Act, the'' and
inserting ``Annual Reports.--The'';
(2) by striking ``initial plan for data collection and
monitoring'' and inserting ``annual report of data collection
and monitoring activities''; and
(3) by striking the last sentence.
(c) Authorization of Appropriations.--Section 404(c) of
such Act (113 Stat. 341) is amended by striking ``and an
additional total of $2,500,000 for fiscal years thereafter''
and inserting ``$2,500,000 for fiscal years 2000 through
2004, and $7,500,000 for fiscal years beginning after
September 30, 2004,''.
(d) Tsunami Warning System.--Section 404 of the Water
Resources Development Act of 1992 (106 Stat. 4863) is amended
by adding at the end the following:
``(d) Tsunami Warning System.--There is authorized to be
appropriated $800,000 for the Secretary to carry out a
project for a tsunami warning system, Atlantic Coast of New
York.''.
SEC. 5088. COLLEGE POINT, NEW YORK CITY, NEW YORK.
In carrying out section 312 of the Water Resources
Development Act of 1990 (104 Stat. 4639), the Secretary shall
give priority to work in College Point, New York City, New
York.
SEC. 5089. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK.
The Secretary shall credit toward the non-Federal share of
the cost of the project for ecosystem restoration, Flushing
Bay and Creek, New York City, New York, the cost of design
and construction work carried out by the non-Federal interest
before the date of the partnership agreement for the project
if the Secretary determines that the work is integral to the
project.
SEC. 5090. HUDSON RIVER, NEW YORK.
The Secretary may participate with the State of New York,
New York City, and the Hudson River Park Trust in carrying
out activities to restore critical marine habitat, improve
safety, and protect and rehabilitate critical infrastructure.
There is authorized to be appropriated $5,000,000 to carry
out this section.
SEC. 5091. MOUNT MORRIS DAM, NEW YORK.
As part of the operation and maintenance of the Mount
Morris Dam, New York, the Secretary may make improvements to
the access road for the dam to provide safe access to a
Federal visitor's center.
SEC. 5092. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA.
The Secretary shall expedite the completion of the
calculations necessary to negotiate and execute a revised,
permanent contract for water supply storage at John H.
Kerr Dam and Reservoir, North Carolina, among the
Secretary and the Kerr Lake Regional Water System and the
city of Henderson, North Carolina.
SEC. 5093. STANLY COUNTY, NORTH CAROLINA.
Section 219(f)(64) of the Water Resources Development Act
of 1992 (114 Stat. 2763A-221) is amended by inserting ``water
and'' before ``wastewater''.
SEC. 5094. CINCINNATI, OHIO.
(a) In General.--The Secretary is authorized to undertake
the ecosystem restoration and recreation components of the
Central Riverfront Park Master Plan, dated December 1999, at
a total cost of $25,000,000.
(b) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest before the date of the partnership
agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 5095. TOUSSAINT RIVER, OHIO.
(a) In General.--The project for navigation, Toussaint
River, Carroll Township, Ohio, authorized by section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577), is modified
to authorize the Secretary to enter into an agreement with
the non-Federal interest under which the Secretary may--
(1) acquire, and transfer to the non-Federal interest, a
dredge and associated equipment with the capacity to perform
operation and maintenance of the project; and
(2) provide the non-Federal interest with a lump-sum
payment to cover all future costs of operation and
maintenance of the project.
(b) Agreement.--The Secretary may carry out subsection
(a)(1) by entering into an agreement with the non-Federal
interest under which the non-Federal interest may acquire the
dredge and associated equipment directly and be reimbursed by
the Secretary.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $1,800,000 to carry out this section. Of
such funds, $500,000 may be used to carry out subsection
(a)(1).
(d) Release.--Upon the acquisition and transfer of a dredge
and associated equipment under subsection (a)(1), and the
payment of funds under subsection (a)(2), all future Federal
responsibility for operation and maintenance of the project
is extinguished.
SEC. 5096. EUGENE, OREGON.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of restoring the millrace in
Eugene, Oregon, and, if the Secretary determines that the
restoration is feasible, the Secretary shall carry out the
restoration.
(b) Consideration of Noneconomic Benefits.--In determining
the feasibility of restoring the millrace, the Secretary
shall include noneconomic benefits associated with the
historical significance of the millrace and associated with
preservation and enhancement of resources.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
SEC. 5097. FERN RIDGE DAM, OREGON.
The Secretary may treat all work carried out for emergency
corrective actions to repair the embankment dam at the Fern
Ridge Lake project, Oregon, as a dam safety project. The cost
of work carried out may be recovered in accordance with
section 1203 of the Water Resources Development Act of 1986
(33 U.S.C. 467n; 100 Stat. 4263).
SEC. 5098. ALLEGHENY COUNTY, PENNSYLVANIA.
Section 219(f)(66) of the Water Resources Development Act
of 1992 (114 Stat. 2763A-221) is amended--
(1) by striking ``$20,000,000'' and inserting the
following:
``(A) In general.--$20,000,000'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5099. KEHLY RUN DAMS, PENNSYLVANIA.
Section 504(a)(2) of the Water Resources Development Act of
1999 (113 Stat. 338; 117 Stat. 1842) is amended by striking
``Dams'' and inserting ``Dams No. 1-5''.
SEC. 5100. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA.
The Secretary shall use existing water quality data to
model the effects of the Francis E. Walter Dam, at different
water levels, to determine its impact on water and related
resources in and along the Lehigh River in Lehigh County,
Pennsylvania. There is authorized to be appropriated $500,000
to carry out this section.
SEC. 5101. NORTHEAST PENNSYLVANIA.
Section 219(f)(11) of the Water Resources Development Act
of 1992 (113 Stat. 335) is amended by striking ``and Monroe''
and inserting ``Northumberland, Union, Snyder, Luzerne, and
Monroe''.
SEC. 5102. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND
NEW YORK.
(a) Study and Strategy Development.--Section 567(a) of the
Water Resources Development Act of 1996 (110 Stat. 3787; 114
Stat. 2662) is amended--
(1) in the matter preceding paragraph (1) by inserting
``and carry out'' after ``develop''; and
(2) in paragraph (2) by striking ``$10,000,000.'' and
inserting ``$20,000,000, of which the Secretary may utilize
not more than $5,000,000 to design and construct feasible
pilot projects during the development of the strategy to
demonstrate alternative approaches for the strategy. The
total cost for any single pilot project may not exceed
$500,000. The Secretary shall evaluate the results of the
pilot projects and consider the results in the development of
the strategy.''.
(b) Cooperative Agreements.--Section 567(c) of such Act
(114 Stat. 2662) is amended--
(1) in the subsection heading by striking ``Cooperation''
and inserting ``Cooperative''; and
(2) in the first sentence--
(A) by inserting ``and carrying out'' after ``developing'';
and
(B) by striking ``cooperation'' and inserting ``cost-
sharing and cooperative''.
(c) Implementation of Strategy.--Section 567(d) of such Act
(114 Stat. 2663) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) in the second sentence of paragraph (1) (as so
designated)--
(A) by striking ``implement'' and inserting ``carry out'';
and
(B) by striking ``implementing'' and inserting ``carrying
out'';
(3) by adding at the end the following:
``(2) Priority project.--In carrying out projects to
implement the strategy, the Secretary shall give priority to
the project for ecosystem restoration, Cooperstown, New York,
described in the Upper Susquehanna River Basin--Cooperstown
Area Ecosystem Restoration Feasibility Study, dated December
2004, prepared by the Corps of Engineers and the New York
State Department of Environmental Conservation.''; and
(4) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (3) of this subsection).
(d) Credit.--Section 567 of such Act (110 Stat. 3787; 114
Stat. 2662) is amended by adding at the end the following:
``(e) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of a project under this section--
``(1) the cost of design and construction work carried out
by the non-Federal interest before the date of the
partnership agreement for the project if the Secretary
determines that the work is integral to the project; and
``(2) the cost of in-kind services and materials provided
for the project by the non-Federal interest.''.
SEC. 5103. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.
The Secretary shall review a report prepared by the non-
Federal interest concerning flood protection and
environmental restoration for Cano Martin Pena, San Juan,
Puerto Rico, and, if the Secretary determines that the report
meets the evaluation and design standards of the Corps of
Engineers and that the project is feasible, the Secretary may
carry out the project at
[[Page H3643]]
a total cost of $130,000,000, with an estimated Federal cost
of $85,000,000 and an estimated non-Federal cost of
$45,000,000.
SEC. 5104. 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, to after the respective tribe certifies to the
Secretary of the Treasury that the funds to be disbursed will
be used in accordance with section 604(d)(3) and only after
the Trust Fund is fully capitalized.''.
(b) Investment Provisions of the State of South Dakota
Terrestrial Wildlife Restoration Trust Fund.--Section 603 of
the Water Resources Development Act of 1999 (113 Stat. 388;
114 Stat. 2664) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations
of the United States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury shall
invest the amounts in the Fund in accordance with the
requirements of this paragraph.
``(B) Separate investments of principal and interest.--
``(i) Principal account.--The amounts deposited in the Fund
under subsection (b) shall be credited to an account within
the Fund (referred to in this paragraph as the `principal
account') and invested as provided in subparagraph (C).
``(ii) Interest account.--The interest earned from
investing amounts in the principal account of the Fund shall
be transferred to a separate account within the Fund
(referred to in this paragraph as the `interest account') and
invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned from investing
amounts in the interest account of the Fund shall be credited
to the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount deposited in the
principal account of the Fund shall be invested initially in
eligible obligations having the shortest maturity then
available until the date on which the amount is divided into
3 substantially equal portions and those portions are
invested in eligible obligations that are identical (except
for transferability) to the next-issued publicly issued
Treasury obligations having a 2-year maturity, a 5-year
maturity, and a 10-year maturity, respectively.
``(ii) Subsequent investment.--As each 2-year, 5-year, and
10-year eligible obligation matures, the principal of the
maturing eligible obligation shall also be invested initially
in the shortest-maturity eligible obligation then available
until the principal is reinvested substantially equally in
the eligible obligations that are identical (except for
transferability) to the next-issued publicly issued Treasury
obligations having 2-year, 5-year, and 10-year maturities.
``(iii) Discontinuance of issuance of obligations.--If the
Department of the Treasury discontinues issuing to the public
obligations having 2-year, 5-year, or 10-year maturities, the
principal of any maturing eligible obligation shall be
reinvested substantially equally in eligible obligations that
are identical (except for transferability) to the next-issued
publicly issued Treasury obligations of the maturities longer
than 1 year then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until the date on which
the Fund is fully capitalized, amounts in the interest
account of the Fund shall be invested in eligible obligations
that are identical (except for transferability) to publicly
issued Treasury obligations that have maturities that
coincide, to the maximum extent practicable, with the date on
which the Fund is expected to be fully capitalized.
``(ii) After full capitalization.--On and after the date on
which the Fund is fully capitalized, amounts in the interest
account of the Fund shall be invested and reinvested in
eligible obligations having the shortest maturity then
available until the amounts are withdrawn and transferred to
fund the activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account shall
be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations having the
same maturity and purchase price, the obligation to be
purchased shall be the obligation having the highest yield.
``(G) Holding to maturity.--Eligible obligations purchased
shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the State of South Dakota the
results of the investment activities and financial status of
the Fund during the preceding 12-month period.
``(4) Audits.--
``(A) In general.--The activities of the State of South
Dakota (referred to in this subsection as the `State') in
carrying out the plan of the State for terrestrial wildlife
habitat restoration under section 602(a) shall be audited as
part of the annual audit that the State is required to
prepare under the Office of Management and Budget Circular A-
133 (or a successor circulation).
``(B) Determination by auditors.--An auditor that conducts
an audit under subparagraph (A) shall--
``(i) determine whether funds received by the State under
this section during the period covered by the audit were used
to carry out the plan of the State in accordance with this
section; and
``(ii) include the determination under clause (i) in the
written findings of the audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under paragraph (2)
with respect to the investment of a Fund is not practicable,
or would result in adverse consequences for the Fund, the
Secretary shall modify the requirements, as the Secretary
determines to be necessary.
``(B) Consultation.--Before modifying a requirement under
subparagraph (A), the Secretary of the Treasury shall consult
with the State regarding the proposed modification.'';
(2) in subsection (d)(2) by inserting ``of the Treasury''
after ``Secretary''; and
(3) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury to pay expenses
associated with investing the Fund and auditing the uses of
amounts withdrawn from the Fund--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
(c) Investment Provisions for 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; 114 Stat. 2665) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations
of the United States issued directly to the Funds.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury shall
invest the amounts in each of the Funds in accordance with
the requirements of this paragraph.
``(B) Separate investments of principal and interest.--
``(i) Principal account.--The amounts deposited in each
Fund under subsection (b) shall be credited to an account
within the Fund (referred to in this paragraph as the
`principal account') and invested as provided in subparagraph
(C).
``(ii) Interest account.--The interest earned from
investing amounts in the principal account of each Fund shall
be transferred to a separate account within the Fund
(referred to in this paragraph as the `interest account') and
invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned from investing
amounts in the interest account of each Fund shall be
credited to the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount deposited in the
principal account of each Fund shall be invested initially in
eligible obligations having the shortest maturity then
available until the date on which the amount is divided into
3 substantially equal portions and those portions are
invested in eligible obligations that are identical (except
for transferability) to the next-issued publicly issued
Treasury obligations having a 2-year maturity, a 5-year
maturity, and a 10-year maturity, respectively.
``(ii) Subsequent investment.--As each 2-year, 5-year, and
10-year eligible obligation matures, the principal of the
maturing eligible obligation shall also be invested initially
in the shortest-maturity eligible obligation then available
until the principal is reinvested substantially equally in
the eligible obligations that are identical (except for
transferability) to the next-issued publicly issued Treasury
obligations having 2-year, 5-year, and 10-year maturities.
[[Page H3644]]
``(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 to the Secretary of the Treasury to pay expenses
associated with investing the Funds and auditing the uses of
amounts withdrawn from the Funds--
``(1) $500,000 for each of fiscal years 2006 and 2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 5105. FRITZ LANDING, TENNESSEE.
The Secretary shall--
(1) conduct a study of the Fritz Landing Agricultural Spur
Levee, Tennessee, to determine the extent of levee
modifications that would be required to make the levee and
associated drainage structures consistent with Federal
standards;
(2) design and construct such modifications; and
(3) after completion of such modifications, incorporate the
levee into the project for flood control, Mississippi River
and Tributaries, authorized by the Act entitled ``An Act for
the control of floods on the Mississippi River and its
tributaries, and for other purposes'', approved May 15, 1928
(45 Stat. 534-539), commonly known as the ``Flood Control Act
of 1928''.
SEC. 5106. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE.
The Secretary shall plan, design, and construct a trail
system at the J. Percy Priest Dam and Reservoir, Tennessee,
authorized by section 4 of the Act entitled ``An Act
authorizing the construction of certain public works on
rivers and harbors for flood control, and for other
purposes'', approved June 28, 1938 (52 Stat. 1217), and
adjacent public property, including design and construction
of support facilities. In carrying out such improvements, the
Secretary is authorized to use funds made available by the
State of Tennessee from any Federal or State source, or both.
SEC. 5107. TOWN CREEK, LENOIR CITY, TENNESSEE.
The Secretary shall design and construct the project for
flood damage reduction designated as Alternative 4 in the
Town Creek, Lenoir City, Loudon County, Tennessee,
feasibility report of the Nashville district engineer, dated
November 2000, under the authority of section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), notwithstanding
section 1 of the Flood Control Act of June 22, 1936 (33
U.S.C. 701a; 49 Stat. 1570). The non-Federal share of the
cost of the project shall be subject to section 103(m) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(m)).
SEC. 5108. TENNESSEE RIVER PARTNERSHIP.
(a) In General.--As part of the operation and maintenance
of the project for navigation, Tennessee River, Tennessee,
Alabama, Mississippi, and Kentucky, authorized by the first
section of the River and Harbor Act of July 3, 1930 (46 Stat.
927), the Secretary may enter into a partnership with a
nonprofit entity to remove debris from the Tennessee River in
the vicinity of Knoxville, Tennessee, by providing a vessel
to such entity, at Federal expense, for such debris removal
purposes.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000.
SEC. 5109. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS,
AND MISSISSIPPI.
The Secretary may participate with non-Federal and
nonprofit entities to address issues concerning managing
groundwater as a sustainable resource through the Upper
Mississippi Embayment, Tennessee, Arkansas, and Mississippi,
and coordinating the protection of groundwater supply and
groundwater quality with local surface water protection
programs. There is authorized to be appropriated $5,000,000
to carry out this section.
SEC. 5110. BOSQUE RIVER WATERSHED, TEXAS.
(a) Comprehensive Plan.--The Secretary, in consultation
with appropriate Federal, State, and local entities, shall
develop, as expeditiously as practicable, a comprehensive
plan for development of new technologies and innovative
approaches for restoring, preserving, and protecting the
Bosque River watershed within Bosque, Hamilton, McLennan, and
Erath Counties, Texas. The Secretary, in cooperation with the
Secretary of Agriculture, may carry out activities identified
in the comprehensive plan to demonstrate practicable
alternatives for stabilization and enhancement of land and
water resources in the basin.
(b) Services of Public Non-Profit Institutions and Other
Entities.--In carrying out subsection (a), the Secretary may
utilize, through contracts or other means, the services of
public non-profit institutions and such other entities as the
Secretary considers appropriate.
(c) Non-Federal Share.--
(1) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of activities carried out under
this section the cost of planning, design, and construction
work completed by or on behalf of the non-Federal interests
for implementation of measures constructed with assistance
provided under this section. The amount of such credit shall
not exceed the non-Federal share of the cost of such
activities.
(2) Operation and maintenance.--The non-Federal share of
the cost of operation and maintenance for measures
constructed with assistance provided under this section shall
be 100 percent.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 5111. DALLAS FLOODWAY, DALLAS TEXAS.
(a) In General.--The project for flood control, Trinity
River and tributaries, Texas, authorized by section 2 of the
Act entitled, ``An Act authorizing the construction, repair,
and preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 2, 1945 (59
Stat. 18), is modified to--
(1) direct the Secretary to review the Balanced Vision Plan
for the Trinity River Corridor, Dallas, Texas, dated December
2003 and amended in March 2004, prepared by the non-Federal
interest for the project;
(2) direct the Secretary to review the Interior Levee
Drainage Study Phase-I report, Dallas, Texas, dated September
2006, prepared by the non-Federal interest; and
(3) if the Secretary determines that the project is
technically sound and environmentally acceptable, authorize
the Secretary to construct the project at a total cost of
$459,000,000, with an estimated Federal cost of $298,000,000
and an estimated non-Federal cost of $161,000,000.
(b) Credit.--
(1) In-kind contributions.--The Secretary shall credit
toward the non-Federal share of the cost of the project the
cost of planning, design, and construction work carried out
by the non-Federal interest before the date of the
partnership agreement for the project if the Secretary
determines that the work is integral to the project.
(2) Cash contributions.--The Secretary shall accept funds
provided by the non-Federal interest for use in carrying out
planning, engineering, and design for the project. The
Federal share of such planning, engineering, and design
carried out with non-Federal contributions shall be credited
against the non-Federal share of the cost of the project.
SEC. 5112. HARRIS COUNTY, TEXAS.
(a) In General.--Section 575(a) of the Water Resources
Development Act of 1996 (110 Stat. 3789; 113 Stat. 311) is
amended by inserting before the period at the end the
following: ``, whether or not such works or actions are
partially funded under the hazard mitigation grant program of
the Federal Emergency Management Agency''.
(b) Specific Projects.--Section 575(b) of such Act (110
Stat. 3789; 113 Stat. 311) is amended--
(1) in paragraph (3) by striking ``and'' at the end;
[[Page H3645]]
(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. 5113. ONION CREEK, TEXAS.
In carrying out the study for the project for flood damage
reduction, recreation, and ecosystem restoration, Onion
Creek, Texas, the Secretary shall include the costs and
benefits associated with the relocation of flood-prone
residences in the study area for the project in the period
beginning 2 years before the date of initiation of the study
and ending on the date of execution of the partnership
agreement for construction of the project to the extent the
Secretary determines such relocations are compatible with the
project. The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of relocation of
such flood-prone residences incurred by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the relocation of
such residences is integral to the project.
SEC. 5114. EASTERN SHORE AND SOUTHWEST VIRGINIA.
Section 219(f)(10) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 335) is amended--
(1) by striking ``$20,000,000 for water supply and
wastewater infrastructure'' and inserting the following:
``(A) In general.--$20,000,000 for water supply, wastewater
infrastructure, and environmental restoration'';
(2) by adding at the end the following:
``(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest before the date of
the partnership agreement for the project if the Secretary
determines that the work is integral to the project.''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this section) with
subparagraph (B) (as added by paragraph (2) of this section).
SEC. 5115. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA.
The Secretary shall accept funds from the National Park
Service to restore Dyke Marsh, Fairfax County, Virginia.
SEC. 5116. BAKER BAY AND ILWACO HARBOR, WASHINGTON.
The Secretary shall conduct a study of increased siltation
in Baker Bay and Ilwaco Harbor, Washington, to determine if
the siltation is the result of a Federal navigation project
(including diverted flows from the Columbia River) and, if
the Secretary determines that the siltation is the result of
a Federal navigation project, the Secretary shall carry out a
project to mitigate the siltation as part of maintenance of
the Federal navigation project.
SEC. 5117. HAMILTON ISLAND CAMPGROUND, WASHINGTON.
The Secretary is authorized to plan, design, and construct
a campground for Bonneville Lock and Dam at Hamilton Island
(also know as ``Strawberry Island'') in Skamania County,
Washington.
SEC. 5118. PUGET ISLAND, WASHINGTON.
The Secretary is directed to place dredged and other
suitable material along portions of the Columbia River
shoreline of Puget Island, Washington, between river miles 38
to 47 in order to protect economic and environmental
resources in the area from further erosion, at a Federal cost
of $1,000,000. This action shall be coordinated with
appropriate resource agencies and comply with applicable
Federal laws.
SEC. 5119. WILLAPA BAY, WASHINGTON.
Section 545 of the Water Resources Development Act of 2000
(114 Stat. 2675) is amended--
(1) in subsection (b)(1) by striking ``may construct'' and
inserting ``shall construct''; and
(2) by inserting ``and ecosystem restoration'' after
``erosion protection'' each place it appears.
SEC. 5120. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) Cheat and Tygart River Basins, West Virginia.--Section
581(a)(1) of the Water Resources Development Act of 1996 (110
Stat. 3790; 113 Stat. 313) is amended--
(1) by striking ``flood control measures'' and inserting
``structural and nonstructural flood control, streambank
protection, stormwater management, and channel clearing and
modification measures''; and
(2) by inserting ``with respect to measures that
incorporate levees or floodwalls'' before the semicolon.
(b) Priority Communities.--Section 581(b) of the Water
Resources Development Act of 1996 (110 Stat. 3791) is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) Etna, Pennsylvania, in the Pine Creek watershed; and
``(8) Millvale, Pennsylvania, in the Girty's Run River
basin.''.
(c) Authorization of Appropriations.--Section 581(c) of the
Water Resources Development Act of 1996 (110 Stat. 3791) is
amended by striking ``$12,000,000'' and inserting
``$90,000,000''.
SEC. 5121. CENTRAL WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999
(113 Stat. 371) is amended--
(1) in subsection (a)--
(A) by striking ``Nicholas,''; and
(B) by striking ``Gilmer,''; and
(2) by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity with the consent of the
affected local government.
``(j) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.''.
SEC. 5122. SOUTHERN WEST VIRGINIA.
(a) Corps of Engineers.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856; 113 Stat. 320) is
amended by adding at the end the following:
``(h) Corps of Engineers.--Ten percent of the amounts
appropriated to carry out this section may be used by the
Corps of Engineers district offices to administer projects
under this section at Federal expense.''.
(b) Southern West Virginia Defined.--Section 340(f) of such
Act is amended by inserting ``Nicholas,'' after
``Greenbrier,''.
(c) Nonprofit Entities.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856) is further amended
by adding at the end the following:
``(i) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), a
non-Federal interest may include for any project undertaken
under this section a nonprofit entity with the consent of the
affected local government.''.
SEC. 5123. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-
FEDERAL INTERESTS.
Section 211(f) of the Water Resources Development Act of
1996 (33 U.S.C. 701b-13) is amended by adding at the end the
following:
``(12) Perris, california.--The project for flood control,
Perris, California.
``(13) Thornton reservoir, cook county, illinois.--An
element of the project for flood control, Chicagoland
Underflow Plan, Illinois.
``(14) Larose to golden meadow, louisiana.--The project for
flood control, Larose to Golden Meadow, Louisiana.
``(15) Buffalo bayou, texas.--A project for flood control,
Buffalo Bayou, Texas, to provide an alternative to the
project authorized by the first section of the River and
Harbor Act of June 20, 1938 (52 Stat. 804) and modified by
section 3a of the Flood Control Act of August 11, 1939 (53
Stat. 1414).
``(16) Halls bayou, texas.--A project for flood control,
Halls Bayou, Texas, to provide an alternative to the project
for flood control, Buffalo Bayou and tributaries, Texas,
authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (104 Stat. 4610).''.
TITLE VI--FLORIDA EVERGLADES
SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA.
(a) Modification.--The project for Hillsboro and Okeechobee
Aquifer, Florida, authorized by section 101(a)(16) of the
Water Resources Development Act of 1999 (113 Stat. 276), is
modified to authorize the Secretary to carry out the project
at a total cost of $42,500,000.
(b) Treatment.--Section 601(b)(2)(A) of the Water Resources
Development Act of 2000 (114 Stat. 2681) is amended--
(1) in clause (i) by adding at the end the following: ``The
project for aquifer storage and recovery, Hillsboro and
Okeechobee Aquifer, Florida, authorized by section 101(a)(16)
of the Water Resources Development Act of 1999 (113 Stat.
276), shall be treated for purposes of this section as being
in the Plan, except that operation and maintenance costs of
the project shall remain a non-Federal responsibility.''; and
(2) in clause (iii) by inserting after ``subparagraph (B)''
the following: ``and the project for aquifer storage and
recovery, Hillsboro and Okeechobee Aquifer''.
SEC. 6002. PILOT PROJECTS.
Section 601(b)(2)(B) of the Water Resources Development Act
of 2000 (114 Stat. 2681) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``$69,000,000'' and inserting
``$71,200,000''; and
(B) by striking ``$34,500,000'' each place it appears and
inserting ``$35,600,000''; and
(2) in clause (i)--
(A) by striking ``$6,000,000'' and inserting
``$8,200,000''; and
(B) by striking ``$3,000,000'' each place it appears and
inserting ``$4,100,000''.
SEC. 6003. MAXIMUM COSTS.
(a) Maximum Cost of Projects.--Section 601(b)(2)(E) of the
Water Resources Development Act of 2000 (114 Stat. 2683) is
amended by inserting ``and section (d)'' before the period at
the end.
(b) Maximum Cost of Program Authority.--Section 601(c)(3)
of such Act (114 Stat. 2684) is amended by adding at the end
the following:
``(C) Maximum cost of program authority.--Section 902 of
the Water Resources Development Act of 1986 (33 U.S.C. 2280)
shall apply to the individual project funding limits in
subparagraph (A) and the aggregate cost limits in
subparagraph (B).''.
SEC. 6004. PROJECT AUTHORIZATION.
Section 601(d) of the Water Resources Development Act of
2000 (114 Stat. 2684) is amended by adding at the end the
following:
``(3) Project authorization.--The following project for
water resources development and conservation and other
purposes is authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the report designated in this
paragraph:
``(A) Indian river lagoon south, florida.--The project for
ecosystem restoration, water supply, flood damage reduction,
and protection of water quality, Indian River Lagoon South,
Florida: Report of the Chief of Engineers dated August 6,
2004, at a total cost of $1,365,000,000, with an estimated
Federal cost of $682,500,000
[[Page H3646]]
and an estimated non-Federal cost of $682,500,000.
``(B) Picayune strand, florida.--The project for
environmental restoration, Picayune Strand, Florida: Report
of the Chief of Engineers dated September 15, 2005, at a
total cost of $375,330,000, with an estimated Federal cost of
$187,665,000 and an estimated non-Federal cost of
$187,665,000.
``(C) Site 1 impoundment, florida.--The project for
environmental restoration, Site 1 Impoundment, Florida:
Report of the Chief of Engineers dated December 19, 2006, at
a total cost of $80,840,000, with an estimated Federal cost
of $40,420,000 and an estimated non-Federal cost of
$40,420,000.''.
SEC. 6005. CREDIT.
Section 601(e)(5)(B) of the Water Resources Development Act
of 2000 (114 Stat. 2685) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by adding ``or'' at the end of subclause (II); and
(C) by adding at the end the following:
``(III) the credit is provided for work carried out before
the date of the partnership agreement between the Secretary
and the non-Federal sponsor, as defined in an agreement
between the Secretary and the non-Federal sponsor providing
for such credit;''; and
(2) in clause (ii)--
(A) by striking ``design agreement or the project
cooperation''; and
(B) by inserting before the semicolon the following: ``,
including in the case of credit provided under clause
(i)(III) conditions relating to design and construction''.
SEC. 6006. OUTREACH AND ASSISTANCE.
Section 601(k) of the Water Resources Development Act of
2000 (114 Stat. 2691) is amended by adding at the end the
following:
``(3) Maximum expenditures.--The Secretary may expend up to
$3,000,000 per fiscal year for fiscal years beginning after
September 30, 2004, to carry out this subsection.''.
SEC. 6007. CRITICAL RESTORATION PROJECTS.
Section 528(b)(3)(C) of the Water Resources Development Act
of 1996 (110 Stat. 3769; 113 Stat. 286) is amended--
(1) in clause (i) by striking ``$75,000,000'' and all that
follows through ``2003'' and inserting ``$95,000,000''; and
(2) in clause (ii) by striking ``$25,000,000'' and
inserting ``$30,000,000''.
SEC. 6008. MODIFIED WATER DELIVERIES.
(a) In General.--The project, Modified Water Deliveries to
Everglades National Park, authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r-8), as described in the General Design
Memorandum and Environmental Impact Statement for Modified
Water Deliveries to Everglades National Park, June 1992, is
modified to authorize the Secretary to construct the project
substantially in accordance with the Revised General
Reevaluation Report/Second Supplemental Environmental Impact
Statement for the Tamiami Trail Modifications, Modified Water
Deliveries to Everglades National Park, August 2005, at a
total cost of $144,131,000.
(b) Use of Funds.--Funds made available under section
102(f) of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-6), may be used to
carry out the project modification under subsection (a).
(c) Source and Allocation of Funds.--
(1) In general.--Except as provided in paragraph (2),
Federal costs incurred for construction of the project
modification under subsection (a) on or after October 1,
2004, shall be shared equally between the Secretary and the
Secretary of the Interior.
(2) Acceptance and use of funds.--The Secretary may accept
and expend funds, without further appropriation, provided
from another Federal agency or from non-Federal interests for
construction of the project modification under subsection (a)
or for carrying out such other work that the Secretary
determines to be appropriate and consistent with authorized
purposes of the modified project.
SEC. 6009. DEAUTHORIZATIONS.
The following projects are not authorized after the date of
enactment of this Act:
(1) The uncompleted portions of the project for the C-44
Basin Storage Reservoir of the Comprehensive Everglades
Restoration Plan, authorized by section 601(b)(2)(C)(i) of
the Water Resources Development Act of 2000 (114 Stat. 2682),
at a total cost of $147,800,000, with an estimated Federal
cost of $73,900,000 and an estimated non-Federal cost of
$73,900,000.
(2) The uncompleted portions of the Martin County, Florida,
modifications to the project for Central and Southern
Florida, authorized by section 203 of the Flood Control Act
of 1968 (82 Stat. 740), at a total cost of $15,471,000, with
an estimated Federal cost of $8,073,000 and an estimated non-
Federal cost of $7,398,000.
(3) The uncompleted portions of the East Coast Backpumping,
St. Lucie-Martin County, Spillway Structure S-311
modifications to the project for Central and Southern
Florida, authorized by section 203 of the Flood Control Act
of 1968 (82 Stat. 740), at a total cost of $77,118,000, with
an estimated Federal cost of $55,124,000 and an estimated
non-Federal cost of $21,994,000.
SEC. 6010. REGIONAL ENGINEERING MODEL FOR ENVIRONMENTAL
RESTORATION.
(a) In General.--The Secretary shall complete the
development and testing of the regional engineering model for
environmental restoration as expeditiously as practicable.
(b) Usage.--The Secretary shall consider using, as
appropriate, the regional engineering model for environmental
restoration in the development of future water resource
projects, including projects developed pursuant to section
601 of the Water Resources Development Act of 2000 (114 Stat.
2680).
(c) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 to carry out subsection (a).
TITLE VII--LOUISIANA COASTAL AREA
SEC. 7001. DEFINITIONS.
In this title, the following definitions apply:
(1) Coastal louisiana ecosystem.--The term ``coastal
Louisiana ecosystem'' means the coastal area of Louisiana
from the Sabine River on the west to the Pearl River on the
east, including those parts of the Deltaic Plain and the
Chenier Plain included within the study area of the Plan.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Louisiana.
(3) Plan.--The term ``Plan'' means the report of the Chief
of Engineers for ecosystem restoration for the Louisiana
Coastal Area dated January 31, 2005.
(4) Task force.--The term ``Task Force'' means the Coastal
Louisiana Ecosystem Protection and Restoration Task Force
established by section 7003.
SEC. 7002. COMPREHENSIVE PLAN.
(a) In General.--The Secretary, in coordination with the
Governor, shall develop a comprehensive plan for protecting,
preserving, and restoring the coastal Louisiana ecosystem.
(b) Integration of Plan Into Comprehensive Hurricane
Protection Study.--In developing the comprehensive plan, the
Secretary shall integrate the plan into the analysis and
design of the comprehensive hurricane protection study
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2247).
(c) Consistency With Comprehensive Coastal Protection
Master Plan.--In developing the comprehensive plan, the
Secretary shall ensure that the plan is consistent with the
goals, analysis, and design of the comprehensive coastal
protection master plan authorized and defined pursuant to Act
8 of the First Extraordinary Session of the Louisiana State
Legislature, 2005, including--
(1) investigation and study of the maximum effective use of
the water and sediment of the Mississippi and Atchafalaya
Rivers for coastal restoration purposes consistent with flood
control and navigation;
(2) a schedule for the design and implementation of large-
scale water and sediment reintroduction projects and an
assessment of funding needs from any source; and
(3) an investigation and assessment of alterations in the
operation of the Old River Control Structure, consistent with
flood control and navigation purposes.
(d) Inclusions.--The comprehensive plan shall include a
description of--
(1) the framework of a long-term program integrated with
hurricane and storm damage reduction, flood damage reduction,
and navigation activities that provide for the comprehensive
protection, conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary),
barrier islands, shorelines, and related land and features of
the coastal Louisiana ecosystem, including protection of
critical resources, habitat, and infrastructure from the
effects of a coastal storm, a hurricane, erosion, or
subsidence;
(2) the means by which a new technology, or an improved
technique, can be integrated into the program referred to in
paragraph (1);
(3) the role of other Federal and State agencies and
programs in carrying out such program;
(4) specific, measurable ecological success criteria by
which success of the plan will be measured; and
(5) proposed projects in order of priority as determined by
their respective potential to contribute to--
(A) creation of coastal wetlands; and
(B) flood protection of communities ranked by population
density and level of protection.
(e) Considerations.--In developing the comprehensive plan,
the Secretary shall consider the advisability of integrating
into the program referred to in subsection (d)(1)--
(1) any related Federal or State project being carried out
on the date on which the plan is developed;
(2) any activity in the Plan; or
(3) any other project or activity identified in--
(A) the Mississippi River and Tributaries program;
(B) the Louisiana Coastal Wetlands Conservation Plan;
(C) the Louisiana Coastal Zone Management Plan; or
(D) the plan of the State of Louisiana entitled ``Coast
2050: Toward a Sustainable Coastal Louisiana''.
(f) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report containing the comprehensive plan.
(2) Updates.--Not later that 5 years after the date of
submission of a report under paragraph (1), and at least once
every 5 years thereafter until implementation of the
comprehensive plan is complete, the Secretary shall submit to
Congress a report containing an update of the plan and an
assessment of the progress made in implementing the plan.
SEC. 7003. LOUISIANA COASTAL AREA.
(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana,
substantially in accordance with the report of the Chief of
Engineers, dated January 31, 2005.
(b) Priorities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall give priority to--
[[Page H3647]]
(A) any portion of the program identified in the report
described in subsection (a) as a critical restoration
feature;
(B) any Mississippi River diversion project that--
(i) will protect a major population area of the
Pontchartain, Pearl, Breton Sound, Barataria, or Terrebonne
basins; and
(ii) will produce an environmental benefit to the coastal
Louisiana ecosystem;
(C) any barrier island, or barrier shoreline, project
that--
(i) will be carried out in conjunction with a Mississippi
River diversion project; and
(ii) will protect a major population area;
(D) any project that will reduce storm surge and prevent or
reduce the risk of loss of human life and the risk to public
safety; and
(E) a project to physically modify the Mississippi River-
Gulf outlet and to restore the areas affected by the
Mississippi River-Gulf outlet in accordance with the
comprehensive plan to be developed under section 7002(a),
subject to the conditions and recommendations in a final
report of the Chief of Engineers.
SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND
RESTORATION TASK FORCE.
(a) Establishment.--There is established a task force to be
known as the Coastal Louisiana Ecosystem Protection and
Restoration Task Force (in this section referred to as the
``Task Force'').
(b) Membership.--The Task Force shall consist of the
following members (or, in the case of the head of a Federal
agency, a designee at the level of Assistant Secretary or an
equivalent level):
(1) The Secretary.
(2) The Secretary of the Interior.
(3) The Secretary of Commerce.
(4) The Administrator of the Environmental Protection
Agency.
(5) The Secretary of Agriculture.
(6) The Secretary of Transportation.
(7) The Secretary of Energy.
(8) The Director of the Federal Emergency Management
Agency.
(9) The Commandant of the Coast Guard.
(10) The Coastal Advisor to the Governor.
(11) The Secretary of the Louisiana Department of Natural
Resources.
(12) A representative of the Governor's Advisory Commission
on Coastal Restoration and Conservation.
(c) Duties.--The Task Force shall make recommendations to
the Secretary regarding--
(1) policies, strategies, plans, programs, projects, and
activities for addressing conservation, protection,
restoration, and maintenance of the coastal Louisiana
ecosystem;
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem, including
recommendations--
(A) that identify funds from current agency missions and
budgets; and
(B) for coordinating individual agency budget requests; and
(3) the comprehensive plan to be developed under section
7002(a).
(d) Report.--The Task Force shall submit to Congress a
biennial report that summarizes the activities of the Task
Force.
(e) Working Groups.--
(1) General authority.--The Task Force may establish such
working groups as the Task Force determines to be necessary
to assist the Task Force in carrying out this section.
(2) Hurricanes katrina and rita.--
(A) In general.--The Task Force may establish a working
group for the purpose of advising the Task Force of
opportunities to integrate the planning, engineering, design,
implementation, and performance of Corps of Engineers
projects for hurricane and storm damage reduction, flood
damage reduction, ecosystem restoration, and navigation in
those areas in Louisiana for which a major disaster has been
declared by the President as a result of Hurricane Katrina or
Rita.
(B) Expertise; representation.--In establishing the working
group under subparagraph (A), the Task Force shall ensure
that the group--
(i) has expertise in coastal estuaries, diversions, coastal
restoration and wetlands protection, ecosystem restoration,
hurricane protection, storm damage reduction systems,
navigation, and ports; and
(ii) represents the State of Louisiana and local
governments in south Louisiana.
(f) Compensation.--Members of the Task Force and members of
a working group established by the Task Force may not receive
compensation for their services as members of the Task Force
or working group, as the case may be.
(g) Travel Expenses.--Travel expenses incurred by members
of the Task Force and members of a working group established
by the Task Force, in the performance of their service on the
Task Force or working group, as the case may be, shall be
paid by the agency or entity that the member represents.
(h) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Task
Force or any working group established by the Task Force.
SEC. 7005. PROJECT MODIFICATIONS.
(a) Review.--The Secretary, in cooperation with the non-
Federal interest of the project involved, shall review each
Federally-authorized water resources project in the coastal
Louisiana ecosystem being carried out or completed as of the
date of enactment of this Act to determine whether the
project needs to be modified--
(1) under the program authorized by section 7003; or
(2) to contribute to ecosystem restoration under section
7003.
(b) Modifications.--Subject to subsections (c) and (d), the
Secretary may carry out the modifications described in
subsection (a).
(c) Public Notice and Comment.--Before completing the
report required under subsection (d), the Secretary shall
provide an opportunity for public notice and comment.
(d) Report.--
(1) In general.--Before modifying an operation or feature
of a project under subsection (b), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report describing the
modification.
(2) Inclusion.--A report describing a modification under
paragraph (1) shall include such information relating to the
timeline for and cost of the modification, as the Secretary
determines to be relevant.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 7006. CONSTRUCTION.
(a) Science and Technology.--
(1) In general.--The Secretary shall carry out a coastal
Louisiana ecosystem program substantially in accordance with
the Plan, at a total cost of $100,000,000.
(2) Purposes.--The purposes of the program under paragraph
(1) shall be--
(A) to identify any uncertainty relating to the physical,
chemical, geological, biological, and cultural baseline
conditions in coastal Louisiana ecosystem;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline conditions in
coastal Louisiana ecosystem; 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.
(b) Demonstration Projects.--
(1) In general.--Subject to paragraph (2), the Secretary
may carry out demonstration projects substantially in
accordance with the Plan and within the coastal Louisiana
ecosystem for the purpose of resolving critical areas of
scientific or technological uncertainty related to the
implementation of the comprehensive plan to be developed
under section 7002(a).
(2) Maximum cost.--
(A) Total cost.--The total cost for planning, design, and
construction of all projects under this subsection shall not
exceed $100,000,000.
(B) Individual project.--The total cost of an individual
project under this subsection shall not exceed $25,000,000.
(c) Initial Projects.--
(1) In general.--The Secretary is authorized to carry out
the following projects substantially in accordance with the
Plan:
(A) Mississippi River Gulf Outlet environmental restoration
at a total cost of $105,300,000.
(B) Small diversion at Hope Canal at a total cost of
$68,600,000.
(C) Barataria basin barrier shoreline restoration at a
total cost of $242,600,000.
(D) Small Bayou Lafourche reintroduction at a total cost of
$133,500,000.
(E) Medium diversion at Myrtle Grove with dedicated
dredging at a total cost of $278,300,000.
(2) Modifications.--
(A) In general.--In carrying out each project under
paragraph (1), the Secretary shall carry out such
modifications as may be necessary to the ecosystem
restoration features identified in the Plan to address the
impacts of Hurricanes Katrina and Rita on the areas of the
project.
(B) Integration.--The Secretary shall ensure that each
modification under subparagraph (A) is taken into account in
conducting the study of comprehensive hurricane protection
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (119 Stat. 2247).
(3) Construction reports.--Before the Secretary may begin
construction of any project under this subsection, the
Secretary shall submit a report documenting any modifications
to the project, including cost changes, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Applicability of other provisions.--Notwithstanding
section 902 of the Water Resources Development Act of 1986
(33 U.S.C. 2280), the cost of a project described in
paragraph (1) and any modifications to the project shall not
exceed 150 percent of the cost of such project set forth in
paragraph (1).
(d) Beneficial Use of Dredged Material.--The Secretary,
substantially in accordance with the Plan, shall implement in
the coastal Louisiana ecosystem a program for the beneficial
use of material dredged from federally maintained waterways
at a total cost of $100,000,000.
(e) Additional Projects.--
(1) In general.--The Secretary is authorized to carry out a
project for ecosystem restoration for the Chenier Plain,
Louisiana, and the following projects referred to in the Plan
if the Secretary determines such projects are feasible:
(A) Land Bridge between Caillou Lake and the Gulf of Mexico
at a total cost of $56,300,000.
(B) Gulf Shoreline at Point Au Fer Island at a total cost
of $43,400,000.
(C) Modification of Caernarvon Diversion at a total cost of
$20,700,000.
[[Page H3648]]
(D) Modification of Davis Pond Diversion at a total cost of
$64,200,000.
(2) Reports.--Not later than December 31, 2009, the
Secretary shall submit feasibility reports on the projects
described in paragraph (1) to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(3) Construction.--No appropriations shall be made to
construct any project under this subsection if the report
under paragraph (2) has not been approved by resolutions
adopted by the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
SEC. 7007. NON-FEDERAL COST SHARE.
(a) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of a study or project under this
title the cost of work carried out in the coastal Louisiana
ecosystem by the non-Federal interest before the date of the
execution of the partnership agreement for the study or
project if the Secretary determines that the work is integral
to the study or project.
(b) Sources of Funds.--The non-Federal interest may use,
and the Secretary shall accept, funds provided under any
other Federal program to satisfy, in whole or in part, the
non-Federal share of the construction of any project carried
out under this section if such funds are authorized to be
used to carry out such project.
(c) Treatment of Credit Between Projects.--Any credit
provided under this section toward the non-Federal share of
the cost of a study or project under this title may be
applied toward the non-Federal share of the cost of any other
study or project under this title.
(d) Periodic Monitoring.--
(1) In general.--To ensure that the contributions of the
non-Federal interest equal the non-Federal share of the cost
of a study or project under this title during each 5-year
period beginning after the date of commencement of the first
study or project under this title, the Secretary shall--
(A) monitor for each study or project under this title the
non-Federal provision of cash, in-kind services and
materials, and land, easements, rights-of-way, relocations,
and disposal areas; and
(B) manage the requirement of the non-Federal interest to
provide for each such study or project cash, in-kind services
and materials, and land, easements, rights-of-way,
relocations, and disposal areas.
(2) Other monitoring.--The Secretary shall conduct
monitoring separately for the study phase, construction
phase, preconstruction engineering and design phase, and
planning phase for each project authorized on or after date
of enactment of this Act for all or any portion of the
coastal Louisiana ecosystem.
(e) Audits.--Credit for land, easements, rights-of-way,
relocations, and disposal areas (including land value and
incidental costs) provided under this section, and the cost
of work provided under this section, shall be subject to
audit by the Secretary.
SEC. 7008. PROJECT JUSTIFICATION.
(a) In General.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out any project or activity under this
title or any other provision of law to protect, conserve, and
restore the coastal Louisiana ecosystem, the Secretary may
determine that--
(1) the project or activity is justified by the
environmental benefits derived by the coastal Louisiana
ecosystem; and
(2) no further economic justification for the project or
activity is required if the Secretary determines that the
project or activity is cost effective.
(b) Limitation on Applicability.--Subsection (a) shall not
apply to any separable element of a project intended to
produce benefits that are predominantly unrelated to the
protection, preservation, and restoration of the coastal
Louisiana ecosystem.
SEC. 7009. INDEPENDENT REVIEW.
The Secretary shall establish the Louisiana Water Resources
Council which shall serve as the exclusive peer review panel
for projects under this title as required by section 2037 of
this Act.
SEC. 7010. EXPEDITED REPORTS.
The Secretary shall expedite completion of the reports for
the following projects and, if the Secretary determines that
a project is justified in the completed report, proceed
directly to project preconstruction engineering and design:
(1) The projects identified in the study of comprehensive
hurricane protection authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2447).
(2) A project for ecosystem restoration for the Chenier
Plain, Louisiana.
(3) The project for Multipurpose Operation of Houma
Navigation Lock.
(4) The project for Terrebonne Basin Barrier Shoreline
Restoration.
(5) The project for Small Diversion at Convent/Blind River.
(6) The project for Amite River Diversion Canal
Modification.
(7) The project for Medium Diversion at White's Ditch.
(8) The project to convey Atchafalaya River Water to
Northern Terrebonne Marshes.
(9) The projects identified in the Southwest Coastal
Louisiana hurricane and storm damage reduction study
authorized by the Committee on Transportation and
Infrastructure of the House of Representatives on December 7,
2005.
SEC. 7011. REPORTING.
(a) In General.--Not later than 6 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report including a description
of--
(1) the projects authorized and undertaken under this
title;
(2) the construction status of the projects;
(3) the cost to date and the expected final cost of each
project undertaken under this title; and
(4) the benefits and environmental impacts of the projects.
(b) External Review.--The Secretary shall enter into a
contract with the National Academy of Sciences under which
the National Academy of Sciences shall perform and submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate an external review of the
demonstration program authorized by subsection 7006(b).
SEC. 7012. NEW ORLEANS AND VICINITY.
(a) In General.--The Secretary is authorized to--
(1) raise levee heights where necessary and otherwise
enhance the Lake Pontchartrain and Vicinity Project and the
West Bank and Vicinity Project to provide the levels of
protection necessary to achieve the certification required
for participation in the national flood insurance program
under the National Flood Insurance Act of 1965 (42 U.S.C.
2001 et seq.);
(2) modify the 17th Street, Orleans Avenue, and London
Avenue drainage canals and install pumps and closure
structures at or near the lakefront at Lake Pontchartrain;
(3) armor critical elements of the New Orleans hurricane
and storm damage reduction system;
(4) modify the Inner Harbor Navigation Canal to increase
the reliability of the flood protection system for the city
of New Orleans;
(5) replace or modify certain non-Federal levees in
Plaquemines Parish to incorporate the levees into the New
Orleans to Venice Hurricane Protection Project;
(6) reinforce or replace flood walls in the existing Lake
Pontchartrain and Vicinity Project and the existing West Bank
and Vicinity Project to improve performance of the flood and
storm damage reduction systems;
(7) perform one time stormproofing of interior pump
stations to ensure the operability of the stations during
hurricanes, storms, and high water events;
(8) repair, replace, modify and improve non-Federal levees
and associated protection measures in Terrebonne Parish; and
(9) reduce the risk of storm damage to the greater New
Orleans metropolitan area by restoring the surrounding
wetlands through measures to begin to reverse wetland losses
in areas affected by navigation, oil and gas, and other
channels and through modification of the Caernarvon
Freshwater Diversion structure or its operations.
(b) Funding Authority.--Activities authorized by subsection
(a) and section 7013 shall be carried out in a manner that is
consistent with the cost-sharing requirements specified in
the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234).
(c) Conditions.--The Secretary shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate if estimates for the expenditure of funds
on any single project or activity identified in subsection
(a) exceeds the amount specified for that project or activity
in the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234). No appropriation in excess of 25
percent above the amount specified for a project or activity
in such Act shall be made until an increase in the level of
expenditure has been approved by resolutions adopted by the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate.
SEC. 7013. MISSISSIPPI RIVER GULF OUTLET.
(a) In General.--The project for navigation, Mississippi
River-Gulf outlet, authorized by the Act entitled ``An Act to
authorize construction of the Mississippi River-Gulf
outlet'', approved March 29, 1956 (70 Stat. 65), as modified
by section 844 of the Water Resources Development Act of 1986
(100 Stat. 4177), is not authorized.
(b) Plan for Closure and Restoration.--The Secretary shall
carry out a study and implement a project to physically
modify the Mississippi River-Gulf outlet and to restore the
areas affected by the Mississippi River-Gulf outlet in
accordance with the plan to be developed under section
7002(a), subject to the conditions and recommendations in a
final report of the Chief of Engineers if a favorable report
of the Chief is completed not later than 180 days after the
date of enactment of this Act. The plan shall incorporate the
recommendations of the Interim Mississippi River Gulf Outlet
Deep-Draft De-Authorization Report submitted to Congress in
December 2006.
(c) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the project described
in subsection (b).
(d) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 for the costs of carrying out
the study and developing the report of the Chief of Engineers
required by subsection (b). Such costs shall be a Federal
expense.
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
SEC. 8001. DEFINITIONS.
In this title, the following definitions apply:
(1) Plan.--The term ``Plan'' means the project for
navigation and ecosystem improvements for
[[Page H3649]]
the Upper Mississippi River and Illinois Waterway System:
Report of the Chief of Engineers, dated December 15, 2004.
(2) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to Upper St.
Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River
Mile 854.0; and
(B) the Illinois Waterway from its confluence with the
Mississippi River at Grafton, Illinois, River Mile 0.0, to
T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.
Except as modified by this title, the Secretary shall
undertake navigation improvements and restoration of the
ecosystem for the Upper Mississippi River and Illinois Water
System substantially in accordance with the Plan and subject
to the conditions described therein.
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION
IMPROVEMENTS.
(a) Small Scale and Nonstructural Measures.--
(1) In general.--The Secretary shall--
(A) construct mooring facilities at Locks 12, 14, 18, 20,
22, 24, and LaGrange Lock or other alternative locations that
are economically and environmentally feasible;
(B) provide switchboats at Locks 20 through 25; and
(C) conduct development and testing of an appointment
scheduling system.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be
$235,000,000. Such costs 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. Such sums shall remain available until expended.
(b) New Locks.--
(1) In general.--The Secretary shall construct new 1,200-
foot locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock on the
Illinois Waterway.
(2) Authorization of appropriations.--The total cost of
projects authorized under this subsection shall be
$1,795,000,000. Such costs 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. Such sums shall remain available until expended.
(c) Concurrence.--The mitigation required for the projects
authorized under subsections (a) and (b), including any
acquisition of lands or interests in lands, shall be
undertaken or acquired concurrently with lands and interests
in lands for the projects authorized under subsections (a)
and (b), and physical construction required for the purposes
of mitigation shall be undertaken concurrently with the
physical construction of such projects.
SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION.
(a) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall modify, consistent with
requirements to avoid adverse effects on navigation, the
operation of the Upper Mississippi River and Illinois
Waterway System to address the cumulative environmental
impacts of operation of the system and improve the ecological
integrity of the Upper Mississippi River and Illinois River.
(b) Ecosystem Restoration Projects.--
(1) In general.--The Secretary shall carry out, consistent
with requirements to avoid adverse effects on navigation,
ecosystem restoration projects to attain and maintain the
sustainability of the ecosystem of the Upper Mississippi
River and Illinois River in accordance with the general
framework outlined in the Plan.
(2) Projects included.--Ecosystem restoration projects may
include--
(A) island building;
(B) construction of fish passages;
(C) floodplain restoration;
(D) water level management (including water drawdown);
(E) backwater restoration;
(F) side channel restoration;
(G) wing dam and dike restoration and modification;
(H) island and shoreline protection;
(I) topographical diversity;
(J) dam point control;
(K) use of dredged material for environmental purposes;
(L) tributary confluence restoration;
(M) spillway, dam, and levee modification to benefit the
environment; and
(N) land and easement acquisition.
(3) Cost sharing.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), the Federal share of the cost of carrying out an
ecosystem restoration project under this subsection shall be
65 percent.
(B) Exception for certain restoration projects.--In the
case of a project under this section for ecosystem
restoration, the Federal share of the cost of carrying out
the project shall be 100 percent if the project--
(i) is located below the ordinary high water mark or in a
connected backwater;
(ii) modifies the operation of structures for navigation;
or
(iii) is located on federally owned land.
(C) Savings clause.--Nothing in this subsection affects the
applicability of section 906(e) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(e)).
(D) Nongovernmental organizations.--Notwithstanding section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
for any project carried out under this title, a non-Federal
sponsor may include a nonprofit entity, with the consent of
the affected local government.
(4) Land acquisition.--The Secretary may acquire land or an
interest in land for an ecosystem restoration project from a
willing seller through conveyance of--
(A) fee title to the land; or
(B) a flood plain conservation easement.
(c) Monitoring.--The Secretary shall carry out a long term
resource monitoring, computerized data inventory and
analysis, and applied research program for the Upper
Mississippi River and Illinois River to determine trends in
ecosystem health, to understand systemic changes, and to help
identify restoration needs. The program shall build upon the
monitoring program established under section
1103(e)(1)(A)(ii) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)(1)(A)(ii)).
(d) Ecosystem Restoration Preconstruction Engineering and
Design.--
(1) Restoration design.--Before initiating the construction
of any individual ecosystem restoration project, the
Secretary shall--
(A) establish ecosystem restoration goals and identify
specific performance measures designed to demonstrate
ecosystem restoration;
(B) establish the without-project condition or baseline for
each performance indicator; and
(C) for each separable element of the ecosystem
restoration, identify specific target goals for each
performance indicator.
(2) Outcomes.--Performance measures identified under
paragraph (1)(A) shall include specific measurable
environmental outcomes, such as changes in water quality,
hydrology, or the well-being of indicator species the
population and distribution of which are representative of
the abundance and diversity of ecosystem-dependent aquatic
and terrestrial species.
(3) Restoration design.--Restoration design carried out as
part of ecosystem restoration shall include a monitoring plan
for the performance measures identified under paragraph
(1)(A), including--
(A) a timeline to achieve the identified target goals; and
(B) a timeline for the demonstration of project completion.
(e) Consultation and Funding Agreements.--
(1) In general.--In carrying out the environmental
sustainability, ecosystem restoration, and monitoring
activities authorized in this section, the Secretary shall
consult with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin.
(2) Funding agreements.--The Secretary is authorized to
enter into agreements with the Secretary of the Interior, the
Upper Mississippi River Basin Association, and natural
resource and conservation agencies of the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin to provide for the
direct participation of and transfer of funds to such
entities for the planning, implementation, and evaluation of
projects and programs established by this section.
(f) Specific Projects Authorization.--
(1) In general.--There is authorized to be appropriated to
carry out this subsection $1,580,000,000, of which not more
than $226,000,000 shall be available for projects described
in subsection (b)(2)(B) and not more than $43,000,000 shall
be available for projects described in subsection (b)(2)(J).
Such sums shall remain available until expended.
(2) Limitation on available funds.--Of the amounts made
available under paragraph (1), not more than $35,000,000 in
any fiscal year may be used for land acquisition under
subsection (b)(4).
(3) Individual project limit.--Other than for projects
described in subparagraphs (B) and (J) of subsection (b)(2),
the total cost of any single project carried out under this
subsection shall not exceed $25,000,000.
(4) Monitoring.--In addition to amounts authorized under
paragraph (1), there are authorized $10,420,000 per fiscal
year to carry out the monitoring program under subsection (c)
if such sums are not appropriated pursuant to section
1103(e)(4) the Water Resources Development Act of 1986 (33
U.S.C. 652(e)(4)).
(g) Implementation Reports.--
(1) In general.--Not later than June 30, 2008, and every 4
years thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives an implementation report that--
(A) includes baselines, milestones, goals, and priorities
for ecosystem restoration projects; and
(B) measures the progress in meeting the goals.
(2) Advisory panel.--
(A) In general.--The Secretary shall appoint and convene an
advisory panel to provide independent guidance in the
development of each implementation report under paragraph
(1).
(B) Panel members.--Panel members shall include--
(i) one representative of each of the State resource
agencies (or a designee of the Governor of the State) from
each of the States of Illinois, Iowa, Minnesota, Missouri,
and Wisconsin;
(ii) one representative of the Department of Agriculture;
(iii) one representative of the Department of
Transportation;
(iv) one representative of the United States Geological
Survey;
(v) one representative of the United States Fish and
Wildlife Service;
(vi) one representative of the Environmental Protection
Agency;
(vii) one representative of affected landowners;
(viii) two representatives of conservation and
environmental advocacy groups; and
[[Page H3650]]
(ix) two representatives of agriculture and industry
advocacy groups.
(C) Chairperson.--The Secretary shall serve as chairperson
of the advisory panel.
(D) Application of federal advisory committee act.--The
Advisory Panel and any working group established by the
Advisory Panel shall not be considered an advisory committee
under the Federal Advisory Committee Act (5 U.S.C. App.).
(h) Ranking System.--
(1) In general.--The Secretary, in consultation with the
Advisory Panel, shall develop a system to rank proposed
projects.
(2) Priority.--The ranking system shall give greater weight
to projects that restore natural river processes, including
those projects listed in subsection (b)(2).
SEC. 8005. COMPARABLE PROGRESS.
(a) In General.--As the Secretary conducts pre-engineering,
design, and construction for projects authorized under this
title, the Secretary shall--
(1) select appropriate milestones;
(2) determine, at the time of such selection, whether the
projects are being carried out at comparable rates; and
(3) make an annual report to Congress, beginning in fiscal
year 2008, regarding whether the projects are being carried
out at a comparable rate.
(b) No Comparable Rate.--If the Secretary or Congress
determines under subsection (a)(2) that projects authorized
under this title are not moving toward completion at a
comparable rate, annual funding requests for the projects
shall be adjusted to ensure that the projects move toward
completion at a comparable rate in the future.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-100. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent of the amendment, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendment No. 1 Offered by Mr. Oberstar
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-100, as modified by the earlier order of the House.
Mr. OBERSTAR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Oberstar:
In section 1001(21) of the bill, add at the end the
following:
(C) 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).
In section 1001 of the bill, after paragraph (41) insert
the following (and redesignate subsequent paragraphs
accordingly):
(42) Riverside oxbow, texas.--The project for environmental
restoration, Riverside Oxbow, Texas: Report of the Chief of
Engineers, dated May 29, 2003, at a total cost of
$27,110,000, with an estimated Federal cost of $11,210,000
and an estimated non-Federal cost of $15,900,000.
In section 1002(b) of the bill, after paragraph (4) insert
the following (and redesignate subsequent paragraphs
accordingly):
(5) Wildwood creek, yucaipa, california.--The Secretary
shall review the locally prepared plan for the project for
flood damage, Wildwood Creek, California, referred to in
subsection (a) and, if the Secretary determines that the plan
meets the evaluation and design standards of the Corps of
Engineers and that the plan is feasible, the Secretary may
use the plan to carry out the project and shall provide
credit toward the non-Federal share of the cost of the
project for the cost of work carried out by the non-Federal
interest before the date of the partnership agreement for the
project if the Secretary determines that the work is integral
to the project.
In section 1003 of the bill, before paragraph (1) insert
the following (and redesignate subsequent paragraphs
accordingly):
(1) Aliso creek, california.--Projects for emergency
streambank protection, Aliso Creek, California.
In section 1006(a) of the bill, after paragraph (2) insert
the following (and redesignate subsequent paragraphs
accordingly):
(3) Aliso creek, california.--Project for aquatic ecosystem
restoration, Aliso Creek, California.
In section 1006(a) of the bill, after paragraph (15) insert
the following (and redesignate subsequent paragraphs
accordingly):
(16) Kalamazoo river watershed, battle creek, michigan.--
Project for aquatic ecosystem restoration, Kalamazoo River
watershed, Battle Creek, Michigan.
In section 1006 of the bill, strike subsection (b) (and
strike the subsection designation and heading for subsection
(a)).
In section 2015(a)(1)(B) of the bill, after ``Guam,''
insert ``the State of Hawaii,''.
In section 2039(a) of the bill, insert before ``the
Secretary shall include'' the following: ``and for the
project for navigation, Houma Navigation Canal, Louisiana,
being conducted pursuant to the Energy and Water Development
Appropriations Act, 1995 (Public Law 103-316),''.
At the end of title II of the bill, add the following (and
conform the table of contents accordingly):
SEC. 2041. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) In General.--Notwithstanding section 2361 of title 10,
United States Code, the Secretary is authorized to provide
assistance through contracts, cooperative agreements, and
grants to--
(1) the University of Tennessee, Knoxville, Tennessee, for
establishment and operation of the Southeastern Water
Resources Institute to study sustainable development and
utilization of water resources in the southeastern United
States;
(2) Lewis and Clark Community College, Illinois, for the
Great Rivers National Research and Education Center
(including facilities that have been or will be constructed
at one or more locations in the vicinity of the confluence of
the Illinois River, the Missouri River, and the Mississippi
River), a collaborative effort of Lewis and Clark Community
College, the University of Illinois, the Illinois Department
of Natural Resources and Environmental Sciences, and other
entities, for the study of river ecology, developing
watershed and river management strategies, and educating
students and the public on river issues; and
(3) the University of Texas at Dallas for support and
operation of the International Center for Decision and Risk
Analysis to study risk analysis and control methods for
transboundary water resources management in the southwestern
United States and other international water resources
management problems.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out subsection
(a)(1) $5,000,000, to carry out subsection (a)(2) $5,000,000,
and to carry out subsection (a)(3) $5,000,000. Such sums
shall remain available until expended.
SEC. 2042. FEDERAL HOPPER DREDGES.
Section 3(c) of the Act of August 11, 1888 (33 U.S.C. 622;
25 Stat. 423), is amended--
(1) in paragraph (7)(B) 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.'';
and
(2) by adding at the end the following:
``(9) Ready reserve for the hopper dredge mcfarland.--The
Secretary shall place the Federal hopper dredge McFarland of
the Corps of Engineers in ready reserve status not later than
October 1, 2008.''.
Strike section 3020 of the bill and insert the following:
SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL,
CALIFORNIA.
(a) In General.--The Secretary shall provide credit to the
Sacramento Area Flood Control Agency, in the amount of
$20,503,000, for the non-reimbursed Federal share of costs
incurred by the Agency in connection the project for flood
control and recreation, Sacramento and American Rivers,
California (Natomas Levee features), authorized by section
9159 of the Department of Defense Appropriations Act, 1993
(106 Stat. 1944).
(b) Allocation of Credit.--The Secretary shall allocate the
amount to be credited under subsection (a) toward the non-
Federal share of such projects as are requested by the
Sacramento Area Flood Control Agency.
In section 3023 of the bill, strike ``a study for the
reallocation of water storage'' and insert ``a study of water
conservation and water quality''.
In section 3079(c) of the bill, strike ``$5,000,000'' and
insert ``$7,000,000''.
After section 3087 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 3088. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.
The project for ecosystem restoration and flood damage
reduction, authorized by section 101(b)(21) of the Water
Resources Development Act of 2000 (114 Stat. 2578), is
modified to authorize the Secretary to construct the project
at a total cost of $21,664,000, with an estimated Federal
cost of $14,082,000 and an estimated non-Federal cost of
$7,582,000.
Strike section 3110 of the bill (and redesignate subsequent
sections, and conform the table of contents, accordingly).
After section 3113 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 3114. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of
1992 (106 Stat. 4810, 110 Stat. 3726, 113 Stat. 312) is
amended to read as follows:
``(ff) Bluestone Lake, Ohio River Basin, West Virginia.--
``(1) In general.--The project for flood control, Bluestone
Lake, Ohio River Basin, West Virginia, authorized by section
4 of the Flood Control Act of 1938 (52 Stat. 1217) is
modified to direct the Secretary to implement Plan C/G, as
defined in the Evaluation Report of the District Engineer
dated December 1996, to prohibit the release of drift
[[Page H3651]]
and debris into waters downstream of the project, except for
that organic matter necessary to maintain and enhance the
biological resources of such waters and such nonobtrusive
items of debris as may not be economically feasible to
prevent being released through such project, including
measures to prevent the accumulation of drift and debris at
the project, the collection and removal of drift and debris
on the segment of the New River upstream of the project, and
the removal (through use of temporary or permanent systems)
and disposal of accumulated drift and debris at Bluestone
Dam.
``(2) Cooperative agreement.--In carrying out the
downstream cleanup under the plan referred to in paragraph
(1), the Secretary may enter into a cooperative agreement
with the West Virginia Department of Environmental Protection
for the department to carry out the cleanup, including
contracting and procurement services, contract administration
and management, transportation and disposal of collected
materials, and disposal fees.
``(3) Initial cleanup.--The Secretary may provide the
department up to $150,000 from funds previously appropriated
for this purpose for the Federal share of the costs of the
initial cleanup under the plan.''.
In section 3119(a) of the bill, redesignate paragraph (3)
as paragraph (4) and insert after paragraph (2) the
following:
(3) The project for navigation, Baltimore Harbor and
Channels, Maryland and Virginia, authorized by section 101 of
the River and Harbor Act of 1970 (84 Stat. 1818).
In section 3121(a) of the bill, after paragraph (3) insert
the following (and redesignate subsequent paragraphs
accordingly):
(4) Rockland harbor, maine.--The portion of the project for
navigation, Rockland Harbor, Maine, authorized by the Act of
June 3, 1896 (29 Stat. 202), consisting of a 14-foot channel
located in Lermond Cove and beginning at a point with
coordinates N9977.37, E340290.02, thence running easterly
about 200.00 feet to a point with coordinates N99978.49,
E340490.02, thence running northerly about 138.00 feet to a
point with coordinates N100116.49, E340289.25, thence running
westerly about 200.00 feet to a point with coordinates
N100115.37, E340289.25, thence running southerly about 138.00
feet to the point of origin.
In section 3123 of the bill, after subsection (a) insert
the following (and redesignate subsequent subsections
accordingly):
(b) Lake Texoma, Oklahoma.--
(1) Release of reversionary interest.--Any reversionary
interest relating to public parks and recreation on the land
conveyed by the Secretary to the State of Oklahoma at Lake
Texoma pursuant to the Act entitled ``An Act to authorize the
sale of certain lands to the State of Oklahoma'', approved
June 16, 1953 (67 Stat. 63), is terminated as of the date of
enactment of this Act.
(2) Instrument of release.--As soon as practicable after
the date of enactment of this Act, the Secretary shall
execute and file in the appropriate office a deed of release,
an amended deed, or another appropriate instrument to release
each reversionary interest described in subsection (a).
(3) Preservation of reserved rights.--Release of a
reversionary interest in accordance with this section shall
not be construed to affect any other right excepted or
reserved for the United States in a deed of conveyance made
pursuant to such Act of June 16, 1953.
After section 4010 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 4011. ALISO CREEK, CALIFORNIA.
The Secretary shall conduct a study to determine the
feasibility of carrying out a project for streambank
protection and environmental restoration along Aliso Creek,
California.
Strike section 4038 of the bill (and redesignate subsequent
sections, and conform the table of contents, accordingly).
Strike section 4079 of the bill (and redesignate subsequent
sections, and conform the table of contents, accordingly).
In section 5001(a) of the bill, after paragraph (1) insert
the following (and redesignate subsequent paragraphs
accordingly):
(2) West turning basin, Canaveral Harbor, Florida.
In section 5002(d) of the bill, before paragraph (1) insert
the following (and redesignate subsequent paragraphs
accordingly):
(1) Charlotte Harbor watershed, Florida.
In section 5002(d) of the bill, after paragraph (14) insert
the following (and redesignate subsequent paragraphs
accordingly):
(15) Tuscarawas River basin, Ohio.
In section 5003(a)(2) of the bill, strike ``Saginaw'' and
insert ``Flint''.
In section 5007 of the bill, before paragraph (1) insert
the following (and redesignate subsequent paragraphs
accordingly):
(1) Daytona Beach shore protection project, Florida.
(2) Flagler Beach shore protection project, Florida.
(3) St. Johns County shore protection project, Florida.
After section 5015 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly)
SEC. 5016. GREAT LAKES PILOT PROJECT.
Using available funds, the Secretary, in coordination with
the Administrator of the Environmental Protection Agency, the
Commandant of the Coast Guard, the Director of the United
States Fish and Wildlife Service, and the Director of the
Animal and Plant Health Inspection Service, shall carry out a
pilot project, on an emergency basis, to control and prevent
further spreading of viral hemorrhagic septicemia in the
Great Lakes and their connecting channels.
SEC. 5017. SAINT LAWRENCE SEAWAY.
(a) In General.--The Secretary is authorized, using amounts
contributed by the Saint Lawrence Seaway Development
Corporation under subsection (b), to carry out projects for
operations, maintenance, repair, and rehabilitation,
including associated maintenance dredging, of the Eisenhower
and Snell lock facilities and related navigational
infrastructure for the Saint Lawrence Seaway, at a total cost
of $134,650,000.
(b) Source of Funds.--The Secretary is authorized to accept
funds from the Saint Lawrence Seaway Development Corporation
to carry out projects under this section. Such funds may
include amounts made available to the Corporation from the
Harbor Maintenance Trust Fund and the general fund of the
Treasury of the United States pursuant to section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238).
Strike section 5029 of the bill and insert the following:
SEC. 5029. FIRE ISLAND, ALASKA.
(a) In General.--The Secretary is authorized to provide
planning, design, and construction assistance to the non-
Federal interest for the construction of a barge landing
facility on Fire Island, Alaska.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this section.
After section 5046 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5047. LANCASTER, CALIFORNIA.
Section 219(f)(50) of the Water Resources Development Act
of 1992 (114 Stat. 2763A-220) is amended--
(1) by inserting after ``water'' the following: ``and
wastewater''; and
(2) by striking ``$14,500,000'' and inserting
``$24,500,000''.
After section 5056 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5057. EAST CENTRAL AND NORTHEAST FLORIDA.
(a) East Central and Northeast Florida Region Defined.--In
this section, the term ``East Central and Northeast Florida
Region'' means Flagler County, St. Johns County, Putman
County (east of the St. Johns River), Seminole County,
Volusia County, the towns of Winter Park, Maitland, and
Palatka, Florida.
(b) Establishment of Program.--The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in the East Central and Northeast Florida Region.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in the East Central and
Northeast Florida Region, including projects for wastewater
treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water
resource protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be
provided in the form of grants or reimbursements of project
costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of
an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in
providing the non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal
[[Page H3652]]
share of project costs (including all reasonable costs
associated with obtaining permits necessary for the
construction, operation, and maintenance of the project on
publicly owned or controlled land), but such credit may not
exceed 25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--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 nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
SEC. 5058. LAKE LANIER, GEORGIA.
The Secretary may assist local interests with planning,
design, and construction of facilities at the Lake Lanier
Olympic Center, Georgia, at a total cost of $5,300,000.
After section 5062 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5063. SOUTHWEST ILLINOIS.
(a) Southwest Illinois Defined.--In this section, the term
``Southwest Illinois'' means the counties of Madison, St.
Clair, Monroe, Randolph, Perry, Franklin, Jackson, Union,
Alexander, Pulaski, and Williamson, Illinois.
(b) Establishment of Program.--The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in Southwest Illinois.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in Southwest Illinois,
including projects for wastewater treatment and related
facilities, water supply and related facilities, and surface
water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be in
the form of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of
an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in
providing the non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--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 nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
After section 5064 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5065. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA.
(a) In General.--The Secretary shall provide assistance for
a project to develop maps identifying 100- and 500-year flood
inundation areas in the State of Iowa, along the Missouri
River.
(b) Requirements.--Maps developed under the project shall
include hydrologic and hydraulic information and shall
accurately portray the flood hazard areas in the floodplain.
The maps shall be produced in a high resolution format and
shall be made available to the State of Iowa in an electronic
format.
(c) Participation of FEMA.--The Secretary and the non-
Federal interests for the project shall work with the
Director of the Federal Emergency Management Agency to ensure
the validity of the maps developed under the project for
flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the
Secretary may enter into contracts or cooperative agreements
with the non-Federal interests or provide reimbursements of
project costs.
(e) Federal Share.--The Federal share of the cost of the
project shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000.
In section 5065 of the bill, before ``and, if'' insert the
following: ``authorized by section 4 of the Flood Control Act
of June 28, 1938 (52 Stat. 1217)''.
Strike section 5070 of the bill (and redesignate subsequent
sections, and conform the table of contents, accordingly).
After section 5070 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5071. EAST ATCHAFALAYA BASIN AND AMITE RIVER BASIN
REGION, LOUISIANA.
(a) East Atchafalaya Basin and Amite River Basin Region
Defined.--In this section, the term ``East Atchafalaya Basin
and Amite River Basin Region'' means the following parishes
and municipalities in the State of Louisiana: Ascension, East
Baton Rouge, East Feliciana, Iberville, Livingston, Pointe
Coupee, St. Helena, West Baton Rouge, and West Feliciana.
(b) Establishment of Program.--The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in the East Atchafalaya Basin and Amite River Basin
Region.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in the East Atchafalaya
Basin and Amite River Basin Region, including projects for
wastewater treatment and related facilities, water supply and
related facilities, environmental restoration, and surface
water resource protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement of a project
entered into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be
provided in the form of grants or reimbursements of project
costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of
an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in
providing the non-Federal share of the project's costs.
[[Page H3653]]
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but such credit may not exceed 25
percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--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 nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
After section 5098 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5099. CLINTON COUNTY, PENNSYLVANIA.
Section 219(f)(13) of the Water Resources Development Act
of 1992 (113 Stat. 335) is amended by striking ``$1,000,000''
and inserting ``$2,000,000''.
After section 5104 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5105. EAST TENNESSEE.
(a) East Tennessee Defined.--In this section, the term
``East Tennessee'' means the counties of Blount, Knox,
Loudon, McMinn, Monroe, and Sevier, Tennessee.
(b) Establishment of Program.--The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in East Tennessee.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in East Tennessee,
including projects for wastewater treatment and related
facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project cost
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be in
the form of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of
an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in
providing the non-Federal share of the project cost.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project cost (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but not to exceed 25 percent of total
project cost.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--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 nonprofit entity with the consent of
the affected local government.
(h) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
After section 5110 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 5111. DALLAS COUNTY REGION, TEXAS.
(a) Dallas County Region Defined.--In this section, the
term ``Dallas County region'' means the city of Dallas, and
the municipalities of DeSoto, Duncanville, Lancaster, Wilmer,
Hutchins, Balch Springs, Cedar Hill, Glenn Heights, and
Ferris, Texas.
(b) Establishment of Program.--The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in the Dallas County region.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in the Dallas County
region, including projects for wastewater treatment and
related facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(d) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be in
the form of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of
an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in
providing the non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but such credit may not exceed 25
percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Nonprofit Entities.--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 nonprofit entity.
(h) Corps of Engineers Expenses.--Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
After section 5112 of the bill, insert the following (and
redesignate subsequent sections,
[[Page H3654]]
and conform the table of contents, accordingly):
SEC. 5113. JOHNSON CREEK, ARLINGTON, TEXAS.
(a) In General.--The project for flood damage reduction,
environmental restoration, and recreation, Johnson Creek,
Arlington, Texas, authorized by section 101(b)(14) of the
Water Resources Development Act of 1999 (113 Stat 280), is
modified to authorize the Secretary to construct the project
substantially in accordance with the report entitled
``Johnson Creek: A Vision of Conservation'', dated March 30,
2006, at a total cost of $80,000,000, with an estimated
Federal cost of $52,000,000 and an estimated non-Federal cost
of $28,000,000, if the Secretary determines that the project
is feasible.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest for implementation of the project, if
the Secretary determines that the work is integral to the
project.
(c) Special Rule.--In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184).
(d) Conforming Amendment.--Section 134 of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2263)
is repealed.
In section 5121 of the bill, strike ``and'' at the end of
paragraph (1)(B), redesignate paragraph (2) as paragraph (3),
and insert after paragraph (1) the following:
(2) in subsection (h) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
After section 5123 of the bill, insert the following (and
conform the table of contents accordingly):
SEC. 5124. WAGE SURVEYS.
Employees of the United States Army Corps of Engineers who
are paid wages determined under the last undesignated
paragraph under the heading ``Administrative Provisions'' of
chapter V of the Supplemental Appropriations Act, 1982 (5
U.S.C. 5343 note; 96 Stat. 832) shall be allowed, through
appropriate employee organization representatives, to
participate in wage surveys under such paragraph to the same
extent as are prevailing rate employees under subsection
(c)(2) of section 5343 of title 5, United States Code.
Nothing in such section 5343 shall be considered to affect
which agencies are to be surveyed under such paragraph.
SEC. 5125. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Section 219(f) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-
221) is amended--
(1) by striking the undesignated paragraph relating to
Charleston, South Carolina, and inserting the following:
``(72) Charleston, south carolina.--$10,000,000 for
wastewater infrastructure, including wastewater collection
systems, and stormwater system improvements, Charleston,
South Carolina.'';
(2) by redesignating the paragraph (71) relating to Placer
and El Dorado Counties, California, as paragraph (73);
(3) by redesignating the paragraph (72) relating to Lassen,
Plumas, Butte, Sierra, and Nevada Counties, California, as
paragraph (74);
(4) by striking the paragraph (71) relating to
Indianapolis, Indiana, and inserting the following:
``(75) Indianapolis, indiana.--$6,430,000 for environmental
infrastructure for Indianapolis, Indiana.'';
(5) by redesignating the paragraph (73) relating to St.
Croix Falls, Wisconsin, as paragraph (76); and
(6) by adding at the end the following:
``(77) St. clair county, alabama.--$5,000,000 for water
related infrastructure, St. Clair County, Alabama.
``(78) Crawford county, arkansas.--$35,000,000 for water
supply infrastructure, Crawford County, Arkansas.
``(79) Alameda and contra costa counties, california.--
$25,000,000 for recycled water treatment facilities within
the East Bay Municipal Utility District service area, Alameda
and Contra Costa Counties, California.
``(80) Arcadia, sierra madre, and upland, california.--
$33,000,000 for water and wastewater infrastructure, Arcadia,
Sierra Madre, and Upland, California, including $13,000,000
for stormwater infrastructure for Upland, California.
``(81) Big bear area regional wastewater agency,
california.--$15,000,000 for water reclamation and
distribution, Big Bear Area Regional Wastewater Agency,
California.
``(82) Brawley colonia, imperial county, california.--
$1,400,000 for water infrastructure to improve water quality
in the Brawley Colonia Water District, Imperial County,
California.
``(83) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for the
Contra Costa Water District, California.
``(84) East bay, san francisco, and santa clara areas,
california.--$4,000,000 for a desalination project to serve
the East Bay, San Francisco, and Santa Clara areas,
California.
``(85) Imperial county, california.--$10,000,000 for
wastewater infrastructure, including a wastewater
disinfection facility and polishing system, to improve water
quality in the vicinity of Calexico, California, on the
southern New River, Imperial County, California.
``(86) Los angeles county, california.--$3,000,000 for
wastewater and water related infrastructure, Diamond Bar, La
Habra Heights, and Rowland Heights, Los Angeles County,
California.
``(87) New river, california.--$10,000,000 for wastewater
infrastructure to improve water quality in the New River,
California.
``(88) Orange county, california.--$15,000,000 for
wastewater and water related infrastructure, Anaheim, Brea,
La Habra, Mission Viejo, Rancho Santa Margarita, and Yorba
Linda, Orange County, California.
``(89) San bernardino county, california.--$9,000,000 for
wastewater and water related infrastructure, Chino and Chino
Hills, San Bernardino County, California.
``(90) Santa clara county, california.--$5,500,000 for an
advanced recycling water treatment plant in Santa Clara
County, California.
``(91) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the
groundwater basin optimization pipeline, Southern Los Angeles
County, California.
``(92) Stockton, california.--$33,000,000 for water
treatment and distribution infrastructure, Stockton,
California.
``(93) Sweetwater reservoir, san diego county,
california.--$375,000 to improve water quality, and remove
nonnative aquatic species from the Sweetwater Reservoir, San
Diego County, California.
``(94) Whittier, california.--$8,000,000 for water,
wastewater, and water related infrastructure, Whittier,
California.
``(95) Montezuma and la plata counties, colorado.--
$1,000,000 for water and wastewater related infrastructure
for the Ute Mountain project, Montezuma and La Plata
Counties, Colorado.
``(96) Otero, bent, crowley, kiowa, and prowers counties,
colorado.--$35,000,000 for water transmission infrastructure,
Otero, Bent, Crowley, Kiowa, and Prowers Counties, Colorado.
``(97) Pueblo and otero counties, colorado.--$34,000,000
for water transmission infrastructure, Pueblo and Otero
Counties, Colorado.
``(98) Ledyard and montville, connecticut.--$7,113,000 for
water infrastructure, Ledyard and Montville, Connecticut.
``(99) Anacostia river, district of columbia and
maryland.--$20,000,000 for environmental infrastructure and
resource protection and development to enhance water quality
and living resources in the Anacostia River watershed,
District of Columbia and Maryland.
``(100) Washington, district of columbia.--$35,000,000 for
implementation of a combined sewer overflow long-term control
plan, Washington, District of Columbia.
``(101) Charlotte county, florida.--$3,000,000 for water
supply infrastructure, Charlotte County, Florida.
``(102) Charlotte, lee, and collier counties, florida.--
$20,000,000 for water supply interconnectivity
infrastructure, Charlotte, Lee, and Collier Counties,
Florida.
``(103) Collier county, florida.--$5,000,000 for water
infrastructure to improve water quality in the vicinity of
the Gordon River, Collier County, Florida.
``(104) Jacksonville, florida.--$25,000,000 for wastewater
related infrastructure, including septic tank replacements,
Jacksonville, Florida.
``(105) Sarasota county, florida.--$10,000,000 for water
and wastewater infrastructure in Sarasota County, Florida.
``(106) South seminole and north orange county, florida.--
$30,000,000 for wastewater infrastructure for the South
Seminole and North Orange Wastewater Transmission Authority,
Florida.
``(107) Fayetteville, grantville, lagrange, pine mountain
(harris county), douglasville, and carrollton, georgia.--
$24,500,000 for water and wastewater infrastructure,
Fayetteville, Grantville, LaGrange, Pine Mountain (Harris
County), Douglasville, and Carrollton, Georgia.
``(108) Meriwether and spalding counties, georgia.--
$7,000,000 for water and wastewater infrastructure,
Meriwether and Spalding Counties, Georgia.
``(109) North vernon and butlerville, indiana.--$1,700,000
for wastewater infrastructure, North Vernon and Butlerville,
Indiana.
``(110) Salem, washington county, indiana.--$3,200,000 for
water supply infrastructure, Salem, Washington County,
Indiana.
``(111) Central kentucky.--$10,000,000 for water related
infrastructure and resource protection and development,
Scott, Franklin, Woodford, Anderson, Fayette, Mercer,
Jessamine, Boyle, Lincoln, Garrard, Madison, Estill, Powell,
Clark, Montgomery, and Bourbon Counties, Kentucky.
``(112) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine, Louisiana.
``(113) Shreveport, louisiana.--$20,000,000 for water
supply infrastructure in Shreveport, Louisiana.
``(114) Central iron range sanitary sewer district,
minnesota.--$12,000,000 for wastewater infrastructure for the
Central Iron Range Sanitary Sewer District to serve the
cities of Hibbing, Chisholm, Buhl, and Kinney, and Balkan and
Great Scott Townships, Minnesota.
``(115) Grand rapids, minnesota.--$5,000,000 for wastewater
infrastructure, Grand Rapids, Minnesota.
[[Page H3655]]
``(116) City of biloxi, city of gulfport, and harrison
county, mississippi.--$15,000,000 for water and wastewater
related infrastructure, city of Biloxi, city of Gulfport, and
Harrison County, Mississippi.
``(117) Jackson, mississippi.--$25,000,000 for water and
wastewater infrastructure, Jackson, Mississippi.
``(118) Clark county, nevada.--$30,000,000 for wastewater
infrastructure, Clark County, Nevada.
``(119) Henderson, nevada.--$5,000,000 for wastewater
infrastructure, Henderson, Nevada.
``(120) Paterson, new jersey.--$35,000,000 for wastewater
infrastructure, Paterson, New Jersey.
``(121) Ellicottville, new york.--$2,000,000 for water
supply, water, and wastewater infrastructure in
Ellicottville, New York.
``(122) Sennett, new york.--$1,500,000 for water
infrastructure, Town of Sennett, New York.
``(123) Wellsville, new york.--$2,000,000 for water supply,
water, and wastewater infrastructure in Wellsville, New York.
``(124) Springport and fleming, new york.--$10,000,000 for
water related infrastructure, including water mains, pump
stations, and water storage tanks, Springport and Fleming,
New York.
``(125) Cabarrus county, north carolina.--$4,500,000 for
water related infrastructure, Cabarrus County, North
Carolina.
``(126) Charlotte, north carolina.--$11,000,000 for phase
II of the Briar Creek wastewater project, Charlotte, North
Carolina.
``(127) Richmond county, north carolina.--$13,500,000 for
water related infrastructure, Richmond County, North
Carolina.
``(128) Union county, north carolina.--$6,000,000 for
wastewater infrastructure, Union County, North Carolina.
``(129) Saipan, northern mariana islands.--$20,000,000 for
water related infrastructure, Saipan, Northern Mariana
Islands.
``(130) Lake county, ohio.--$1,500,000 for wastewater
infrastructure, Lake County, Ohio.
``(131) Mentor-on-lake, ohio.--$625,000 for water and
wastewater infrastructure, Mentor-on-Lake, Ohio.
``(132) Willowick, ohio.--$665,000 for water and wastewater
infrastructure, Willowick, Ohio.
``(133) Albany, oregon.--$35,000,000 for wastewater
infrastructure to improve habitat restoration, Albany,
Oregon.
``(134) Borough of stockerton, borough of tatamy, and
palmer township, pennsylvania.--$10,000,000 for stormwater
control measures, particularly to address sinkholes, in the
vicinity of the Borough of Stockerton, the Borough of Tatamy,
and Palmer Township, Pennsylvania.
``(135) Hatfield borough, pennsylvania.--$310,000 for
wastewater related infrastructure for Hatfield Borough,
Pennsylvania.
``(136) Lehigh county, pennsylvania.--$5,000,000 for
stormwater control measures and storm sewer improvements,
Lehigh County, Pennsylvania.
``(137) North wales borough, pennsylvania.--$1,516,584 for
wastewater related infrastructure for North Wales Borough,
Pennsylvania.
``(138) Pen argyl, pennsylvania.--$5,250,000 for wastewater
infrastructure, Pen Argyl, Pennsylvania.
``(139) Philadelphia, pennsylvania.--$1,600,000 for
wastewater related infrastructure for Philadelphia,
Pennsylvania.
``(140) Vera cruz, pennsylvania.--$5,500,000 for wastewater
infrastructure, Vera Cruz, Pennsylvania.
``(141) Commonwealth of puerto rico.--$35,000,000 for water
and wastewater infrastructure in the Commonwealth of Puerto
Rico.
``(142) Charleston, south carolina.--$1,000,000 for
stormwater control measures and storm sewer improvements,
Spring Street/Fishburne Street drainage project, Charleston,
South Carolina.
``(143) Crooked creek, marlboro county, south carolina.--
$25,000,000 for a project for water storage and water supply
infrastructure on Crooked Creek, Marlboro County, South
Carolina.
``(144) Myrtle beach, south carolina.--$8,000,000 for
environmental infrastructure, including ocean outfalls,
Myrtle Beach, South Carolina.
``(145) North myrtle beach, south carolina.--$8,000,000 for
environmental infrastructure, including ocean outfalls, North
Myrtle Beach, South Carolina.
``(146) Surfside, south carolina.--$8,000,000 for
environmental infrastructure, including stormwater system
improvements and ocean outfalls, Surfside, South Carolina.
``(147) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.
``(148) Central texas.--$20,000,000 for water and
wastewater infrastructure in Bosque, Brazos, Burleson,
Grimes, Hill, Hood, Johnson, Madison, McLennan, Limestone,
Robertson, and Somervell Counties, Texas.
``(149) El paso county, texas.--$25,000,000 for water
related infrastructure and resource protection, including
stormwater management, and development, El Paso County,
Texas.
``(150) Ft. bend county, texas.--$20,000,000 for water and
wastewater infrastructure, Ft. Bend County, Texas.
``(151) Duchesne, iron, and uintah counties, utah.--
$10,800,000 for water related infrastructure, Duchesne, Iron,
and Uintah Counties, Utah.
``(152) Northern west virginia.--$20,000,000 for water and
wastewater infrastructure in Hancock, Ohio, Marshall, Wetzel,
Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion,
Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant,
Gilmer, Brooke, Ritchie Counties, West Virginia.
``(153) United states virgin islands.--$25,000,000 for
wastewater infrastructure for the St. Croix Anguilla
wastewater treatment plant and the St. Thomas Charlotte
Amalie wastewater treatment plant, United States Virgin
Islands.
``(154) Cheyenne river sioux reservation (dewey and ziebach
counties) and perkins and meade counties, south dakota.--
$25,000,000 for water supply infrastructure for the Cheyenne
River Sioux Reservation in Dewey and Ziebach Counties, and
for communities in Perkins and Meade Counties, South
Dakota.''.
After section 6002 of the bill, insert the following (and
redesignate subsequent sections, and conform the table of
contents, accordingly):
SEC. 6003. INITIAL PROJECTS.
Section 601(b)(2)(C) of the Water Resources Development Act
of 2000 (114 Stat. 2682) is amended--
(1) in the matter preceding clause (i) by striking ``at a
total cost of $1,100,918,000'' and all that follows before
the colon;
(2) in clause (iv)--
(A) by striking ``$100,335,000'' and inserting
``$162,630,000''; and
(B) by striking ``$50,167,500'' each place it appears and
inserting ``$81,315,000'';
(3) in clause (v)--
(A) by striking ``$124,837,000'' and inserting
``$385,010,000''; and
(B) by striking ``$62,418,500'' each place it appears and
inserting ``$192,505,000''; and
(4) in clause (vi)--
(A) by striking ``$89,146,000'' and inserting
``$199,340,000''; and
(B) by striking ``$44,573,000'' each place it appears and
inserting ``$99,670,000''.
In section 7002(e)(3) of the bill, strike subparagraph (D)
and insert the following:
(D) the plan of the State of Louisiana entitled
``Integrated Ecosystem Restoration and Hurricane Protection--
Louisiana's Comprehensive Master Plan for a Sustainable
Coast''.
At the end of section 7006(a) of the bill, insert the
following:
(5) Applicability of the federal advisory committee act.--A
working group established under this subsection shall not be
considered to be an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
In section 7007(b) of the bill, strike ``this section'' and
insert ``this title''.
In section 7013 of the bill, strike subsection (a) and
insert the following:
(a) Deauthorization.--
(1) In general.--The navigation channel portion of the
project for navigation, Mississippi River-Gulf outlet,
authorized by the Act entitled, ``An Act to authorize
construction of the Mississippi River-Gulf outlet'', approved
March 29, 1956 (70 Stat. 65), as modified by section 844 of
the Water Resources Development Act of 1986 (100 Stat. 4177),
and further modified by section 326 of the Water Resources
Development Act of 1996 (110 Stat. 3717), which extends from
the Gulf of Mexico to mile 60 at the southern bank of the
Gulf Intracoastal Waterway is not authorized.
(2) Scope.--Paragraph (1) shall not be construed to modify
or deauthorize the Inner Harbor Navigation Canal Replacement
Project, authorized by the Act referred to in paragraph (1).
In section 8004(c) of the bill, strike ``build upon'' and
insert ``adopt and continue''.
The CHAIRMAN. Pursuant to House Resolution 319, the gentleman from
Minnesota (Mr. Oberstar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may
consume.
This is the so-called traditional manager's amendment that we have
worked on for weeks in a bipartisan manner across the aisle within the
committee to work out technical changes and modifications to the bill
that came to the attention of the committee after consideration of the
bill in March. A project of this magnitude always has some issues that
we need to resolve, and we have done that quite well in this manager's
amendment.
Among some of the highlights are a provision that is of great
importance to the 35 million people who live along the Great Lakes.
There is a provision to direct the Secretary of the Army, along with
directors of other agencies and entities, to carry out an emergency
project to control and prevent spreading a viral hemorrhagic septicemia
(VHS) virus in the Great Lakes and the connecting channels. I alluded
to this issue at the outset of my remarks at the beginning of the
legislation. It is an infectious viral disease of
[[Page H3656]]
fish and has caused fish kills throughout the lakes. It has been a
problem in Europe, it is a problem in Japan, and now we have confirmed
presence in Lake Ontario, Lake St. Clair, Erie, St. Lawrence River. It
was discovered in Lake Huron. It is migrating up the lakes, killing
fish in its wake caused by ballast water that is infected on vessels
plying the Great Lakes.
It spreads rapidly. We don't really know how it spreads, but we need
to attack this issue now. There is a multibillion dollar fishery
industry throughout the Great Lakes, sport fish and commercial fishery,
and this provision will help us deal with and hopefully find a way to
contain this devastating virus.
We also have authorizations for new projects in water and wastewater-
related infrastructure. For years, these were traditionally practices
of the Environmental Protection Agency, but they have run out of money,
frankly. Even though we have passed the State Revolving Loan fund bill
in this committee to deal with the matter, there still are huge needs.
No one better than the Corps of Engineers is equipped to deal with the
needs of environmental infrastructure. So in cooperation with the
Department of Agriculture's Rural Utilities Service program, the State
Revolving Loan fund of the EPA, Corps of Engineers will help
communities rebuild their infrastructure and provide for public health
and economic vitality of our towns all across America. The needs of
communities have not gone away; the ability to deal with them has
simply diminished.
The Corps can do this work; they have proven they can. And we have a
very vigorous and I think constructive environmental infrastructure
program in the manager's amendment.
Mr. Chairman, I would yield such time as she may wish to the
gentlewoman from Texas.
Ms. EDDIE BERNICE JOHNSON of Texas. Thank you very much, Mr.
Chairman.
I support the manager's amendment on this water resources bill.
The manager's amendment reflects project and policy revisions that
have come to the attention of the subcommittee that I chair, and the
subcommittee of Water Resources Environment.
Since the bill was passed out of committee, the Transportation and
Infrastructure, in March, the amendment contains authorizations that
are by no means inequitable to those that were contained in the bill
that passed out of committee. Likewise, the projects in the manager's
amendment were not considered on a partisan basis but on a need basis
and merit. And this has been a long tradition in our committee, and I
hope we will always have that.
I support the amendment. And I want to express my appreciation to the
persons who did do all of the certifications and all the new paperwork
we have to do. And I want to thank the ranking member on the
subcommittee as well as the full committee and our general chairman.
Thank you so very much.
Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
Mr. BAKER. Mr. Chairman, I rise to claim the time in opposition,
although I am not in opposition and therefore ask unanimous consent to
claim such time.
The CHAIRMAN. Without objection, the gentleman from Louisiana is
recognized for 5 minutes.
There was no objection.
Mr. BAKER. Mr. Chairman, I just want to speak for a moment as to
process and my appreciation for the manner in which the chairman
handled this particular legislation. At the time of some of the
subcommittee consideration, there were some Members who had not
completed the necessary documents for submission of their projects in
the required form, and the chairman made clear that should a Member
provide the necessary information in a timely manner, that their
projects would be included for consideration. And the manager's
amendment reflects the closure of that verbal agreement in allowing
many Members to complete the necessary documentation, therefore
enabling the committee to include their projects of interest in the
final mark before the House this evening. That is a model of how
appropriate legislative consideration should be engaged, and I want to
express appreciation to him.
I can verify for him if there is ever any question that there are a
large number of Members who have a very deep and abiding interest in
this subject matter, I have a list. And they also are appreciative of
the willingness to give opportunity for appropriate consideration.
The manager's amendment is extraordinarily important in that it
touches about a hundred projects which otherwise would not be included.
I certainly hope that those present will support the adoption of the
amendment.
Mr. Chairman, at this time, I would yield such time as the gentleman
may consume to my ranking member, Mr. Mica.
Mr. MICA. Might I inquire of the Chair as to how much time is
remaining.
The CHAIRMAN. The gentleman from Louisiana has 3\1/2\ minutes
remaining.
Mr. MICA. I thank the gentleman for yielding.
First of all, I rise in strong support of the manager's amendment.
Mr. Oberstar, after the election, became the Chair, I became the
ranking member of the Transportation Committee. And we inherited,
indeed, a huge backlog of projects. We also inherited a bill that
required earmarking because they are Members' projects, and everyone
knows the problems that we have had with earmarks in the past. So I can
assure the Members that on both sides of the aisle we have done
everything possible to vet these projects. I am also sorry that we
can't put even more projects in.
We just had Mrs. Bono here, and her heart and soul in her work in
Congress, which is something she inherited, actually the work, too, of
her late husband, Sonny Bono, a good friend and colleague.
{time} 1730
She wanted that so badly in this, and it is so important, the
restoration of the Salton Sea, for her district. You can see how
important these projects are to Members and their districts. So we have
a good work product.
Let me make one point I did not make in opposition to the
administration's position on this piece of legislation in that it cost
too much. If you look at 2000 when we started these projects, maybe
they did cost $5 million. I can tell you that just with inflation and
the cost of doing construction projects, having been in the development
business, that every day we delay will cost us more; and that is why
these projects cost us more, and that is why I am in opposition to the
administration's point there.
We have evenly divided the projects. I don't think we could have had
a fairer distribution. They are Republican, they are not Democrat, but
they are of national and district importance, and I think we have done
as good a job as you can. I am sure you can find something wrong or
questionable, if anyone seeks to do that.
Mr. Chairman, I urge adoption of the manager's amendment, and I urge
all Members on both sides of the aisle to move and urge the passage of
this bill, not only through the House but through the other body and
conference, so that we can do a better job for the people that we
represent in these important environmental and water resources
projects.
I thank the gentleman.
Mr. BAKER. I thank the gentleman for his remarks, and I certainly
would be remiss if I did not comment on his effort to provide for
transparency and disclosure of Members' requests. It was a new process.
We had a lot of new paperwork to engage in. But at the end of the day,
I think the public interest is well served and every Member is well
served by having such disclosure made in a timely manner; and for his
leadership in providing that counsel, I am most appreciative.
Mr. Chairman, I yield back the balance of my time.
Mr. OBERSTAR. Mr. Chairman, we have labored mightily to comply with
the new rules of the House, to cut every one of the projects back with
each of the Members, each of 300 Members who had a project in the last
Congress that carried over to this Congress. We have worked very
diligently to serve as a filter for Members, to filter out problems
that they had, projects that really might not comply,
[[Page H3657]]
that should not be considered at this stage.
We bring forward to you a bill that has been on the Internet, that is
fully vetted, and should pass with overwhelming support.
The CHAIRMAN. All time for debate on the amendment has expired.
The question is on the amendment offered by the gentleman from
Minnesota (Mr. Oberstar).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Boswell
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 110-100.
Mr. BOSWELL. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 147, after line 2, insert the following (and
redesignate subsequent sections, and conform the table of
contents accordingly):
SEC. 3055. RATHBUN LAKE, IOWA.
(a) Right of First Refusal.--The Secretary shall provide,
in accordance with the recommendations in the Rathbun Lake
Reallocation Report approved by the Chief of Engineers on
July 22, 1985, the Rathbun Regional Water Association with
the right of first refusal to contract for or purchase any
increment of the remaining allocation (8,320 acre-feet) of
water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water
Association shall pay the cost of any water supply storage
allocation provided under subsection (a).
The CHAIRMAN. Pursuant to House Resolution 319, the gentleman from
Iowa (Mr. Boswell) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. BOSWELL. Mr. Chairman, I yield myself such time as I may consume.
Before I explain the amendment, I would like to thank Ms. Johnson and
Mr. Oberstar for their hard work. We have finally got something out
here to work with. I thank the gentleman from Louisiana and the
gentleman from Florida for working together with us. It is something
that our country needed very, very badly, and was overdue.
Mr. Chairman, I rise in support of this amendment that is highly
important to the State of Iowa constituents and also a number of folks
in northern Missouri. As a member of the Transportation and
Infrastructure Committee, I would like to especially give my
appreciation for this opportunity that is before us today.
My amendment is critical to the future availability of quality
drinking water for farmers, residents and businesses in southern Iowa
and northern Missouri. Rathbun Regional Water Association is the
largest rural water system in Iowa and one of the largest in the United
States. Rathbun Regional Water Association supplies potable water to
60,000 people in the rural areas of 15 counties and 41 communities in
southern Iowa and northern Missouri from the association's water
treatment plant at Rathbun Lake. Rathbun Lake is the source of raw
water for the treatment plant.
Rathbun Rural Water Association has experienced steady growth in the
demand for potable water. In response to this demand, Rathbun Rural
Water Association doubled the capacity of its treatment plant in 2000
and made improvements to its distribution system.
Rathbun Rural Water Association has completed an analysis of future
water demand in its service territory. This analysis indicates that
Rathbun Regional Water Association must take steps to meet continued
growth in demand for potable water. The ability to secure the rights of
the remaining drinking water pool in Lake Rathbun, a facility managed
by the U.S. Army Corps of Engineers, is critical to meet demand.
There are 15,000 acre-feet of water supply storage in Rathbun Lake.
Rathbun Regional Water Association has purchased the rights to 6,680
acre-feet of this water and storage from the U.S. Army Corps of
Engineers. It is essential that they be able to acquire the rights of
the remaining over 8,000 acre-feet of water supply storage in Rathbun
Lake in order to satisfy the growing demand for potable water in its
service territory. This remaining acre-feet in water would provide
access to approximately 2.7 billion gallons of water.
The amendment submitted today takes two critical steps to ensure the
availability of water for the region. First, it directs the U.S. Army
Corps of Engineers to grant Rathbun Rural Water the right of first
refusal to contract for any increment of the remaining water supply
storage allocation in Rathbun Lake. This language is in accordance with
the recommendations in the Rathbun Lake Reallocation Report approved by
the chief of engineers on July 22, 1985.
Second, it allows Rathbun Regional Water Association to contract for
the remaining water supply storage allocation in total, or
incrementally as dictated by the demand of the potable water demand in
the association's service territory, at such time as the full amount of
storage may be purchased.
This amendment ensures access to quality water supply for rural
residents, small communities and businesses in southern Iowa and
northern Missouri. It enables Rathbun Rural Water to better manage the
expense of purchasing water storage allocation in a manner that reduces
the financial burden on its customers and ensures the vitality of
Rathbun Regional Water Association to fulfill its commitment to an
extensive rural area.
I join with my colleague from Iowa, Congressman Loebsack, in this
request, and I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent, though I am not
in opposition to the amendment, to claim the time in opposition to the
amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Minnesota?
There was no objection.
The CHAIRMAN. The gentleman from Minnesota is recognized for 5
minutes.
Mr. OBERSTAR. Mr. Chairman, I support the amendment offered by the
gentleman from Iowa. We have had a bipartisan agreement on this.
I yield to the distinguished gentleman from Louisiana.
Mr. BAKER. I thank the gentleman for yielding.
Mr. Chairman, I just wish to compliment the gentleman on his
amendment. We have reviewed it. We have no objection to its
consideration and adoption.
Mr. OBERSTAR. The gentleman from Iowa (Mr. Boswell) and our former
colleague from Iowa, Mr. Leach, have long worked with the committee on
this issue of Rathbun Lake. It is as much a tribute to the gentleman
from Iowa (Mr. Boswell) as to our former colleague, Mr. Leach. The
gentleman has described the issue very well.
In initial consideration of this legislation, there was a PAYGO
issue, and the gentleman from Iowa has worked with us on both sides of
the aisle to resolve the matter. We no longer have an impact on direct
Federal spending in the amendment. Therefore, it passes our committee
standards.
Mr. Chairman, I strongly support the amendment and appreciate the
support of the gentleman from Louisiana.
Mr. Chairman, I yield back the balance of my time.
Mr. BOSWELL. Thank you, Mr. Oberstar, and the gentleman from
Louisiana, I appreciate your help and your work with us on this. I
would join again with Congressman Loebsack and urge passage of this
amendment.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I support the
amendment offered by my colleague, Mr. Boswell.
Congressman Boswell has been working with the Committee to resolve
scoring issues related to modifications for the Rathbun Lake, Iowa
project that had surfaced since the project was last included in the
Water Resources Development Act of 2005.
It is my understanding that these issues have now been settled.
I urge the adoption of this amendment.
Mr. BOSWELL. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for debate on the amendment has expired.
The question is on the amendment offered by the gentleman from Iowa
(Mr. Boswell).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in House Report 110-100.
Does any Member seek recognition?
Amendment No. 4 Offered by Mr. Stupak
The CHAIRMAN. If not, it is now in order to consider amendment No. 4
printed in House Report 110-100.
[[Page H3658]]
Mr. STUPAK. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Stupak:
Page 116, after line 8, insert the following (and conform
the table of contents of the bill accordingly):
SEC. 2041. CRITERIA FOR OPERATION AND MAINTENANCE OF HARBOR
DREDGING PROJECTS.
The Secretary shall budget and request appropriations for
operation and maintenance of harbor dredging projects based
only upon criteria used for such projects in fiscal year 2004
and shall not use a budget standard for such projects based
on the amount of tonnage a harbor handles.
The CHAIRMAN. Pursuant to House Resolution 319, the gentleman from
Michigan (Mr. Stupak) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. STUPAK. Mr. Chairman, in fiscal year 2006, the U.S. Army Corps of
Engineers and the Office of Management and Budget set new guidelines
for maintenance dredging of commercial harbors in their budget for
fiscal year 2006. The Corps excluded harbors that move less than 1
million tons of cargo each year.
The House is on record that the Corps' neglect of these harbors is
unwise and unreasonable. With Members' help during consideration of
WRDA, the Stupak-Hoekstra-Delahunt amendment to prohibit the Corps from
using a tonnage-based standard was included in the House bill by voice
vote.
Now the Corps is back with a similar tonnage-based formula. This
formula essentially credits $2 for maintenance dredging for every ton
of product moved. The harbor is then provided only the amount from the
formula, regardless of the actual cost to dredge a harbor. This policy
not only discriminates against rural America by significantly limiting
dredging of harbors in smaller communities, but it is pound wise and
penny foolish.
For example, under the Corps proposal, my harbor in Ontonogan,
Michigan, will move just over 300,000 tons of material, so the Corps
will provide $643,000 worth of maintenance dredging, even though its
dredging cost is more than $1 million.
Again, there are almost 300 harbors across this country that face the
same problem. Our small harbors will never be able to adequately
dredge, but will silt in with each passing year. Thus, pound wise,
penny foolish.
These Corps guidelines will have a detrimental effect on small-town,
rural America, causing job losses, increased hardship for business, and
endanger our Nation's entire shipping infrastructure.
Each harbor that has been maintained by the Corps for years has
unique characteristics other than just the amount of tonnage it moves.
For example, annual dredging helps prevent flooding in Ontonogan, and
dredging plays an essential role in preserving the economy and lifeline
of this harbor town. By only considering the amount of tonnage a harbor
handles, the administration ignores the benefits provided to businesses
and residents that depend on electricity, flood mitigation and other
purposes beyond the tonnage handled.
With this new policy, the Corps also disregards the fact that
approximately two-thirds of all shipping in the United States either
starts or finishes at a small port. By ignoring the smaller
communities, the Corps is also significantly harming the Nation's
economy.
With the Corps' proposed maintenance dredging guidelines, in each
year our small harbors' maintenance remains uncertain. Without this
Stupak-Hoekstra-Delahunt amendment, the economic vitality and the dream
of economic expansion for these 300 communities remain uncertain.
As the House considers this WRDA legislation, I am again offering
this amendment with Congressmen Hoekstra and Delahunt, which keeps the
maintenance dredging the same as it has been before the Corps and OMB
came up with these tonnage proposals.
For the sake of our Nation's small harbors, from which two-thirds of
all shipping in the United States either starts or finishes at small
ports, I encourage my colleagues to adopt our amendment, which would
ensure that all harbor maintenance is funded fairly, regardless of the
amount of tonnage a harbor handles.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to claim the time
in opposition to the amendment, although I do not oppose the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Minnesota?
Mr. BAKER. Reserving the right to object, if I may make an inquiry of
the gentleman, we have a cosponsor on our side of the amendment. Will
the gentleman be happy to yield?
Mr. OBERSTAR. Mr. Chairman, I will yield time to the gentleman, of
course.
Mr. BAKER. Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
{time} 1745
Mr. OBERSTAR. In the preceding Congress, this amendment was offered
on the floor during consideration of the WRDA bill, and it passed by
voice vote; WRDA passed by 406 votes. It requires adequate budgeting by
the administration for maintenance of small, low-use harbors. These are
relatively smaller harbors; they may not handle thousands of containers
or millions of tons of bulk commodities shipped on the Great Lakes, as
we do in the Harbor of Duluth, but they are important projects and
facilities that place lives and livelihoods at risk on the fierce
storms of the Great Lakes, because these are also harbors of refuge. So
I strongly support it.
Mr. Chairman, I am happy to yield to the gentleman from Michigan (Mr.
Hoekstra).
Mr. HOEKSTRA. I thank my colleague for yielding and I am thankful for
his support and help on this amendment.
I would also like to thank my colleague from Michigan for bringing
this amendment together. I think we both recognize the importance of
this amendment. My congressional district, I think we kind of represent
God's country. I represent about 200 miles of Lake Michigan shoreline.
I don't think I want to get into an argument with my colleague from
Michigan as to how much shoreline he represents from the Great Lakes,
but it is well in excess of that number.
But we both have recognized that the current Corps guidelines present
a distinct hardship to our communities, many of the communities along
the Great Lakes. We don't meet the newest guidelines that establish the
roughly 1 million tons or whatever of cargo that need to flow through a
harbor. And this is a change in the Corps' position. For the last 14
years that my colleague and I have been in Congress, the Corps has done
a very, very good job and recognized its responsibility for taking care
of these small and medium-sized harbors which they classify as
recreational harbors.
But they are much more than recreational harbors. For many of our
communities they do, we do transfer cargo through these ports, but the
harbors form the economic development zone for these communities. And
if the harbors and the channels are not dredged, this economic lifeline
goes away. And when the economic lifeline goes away, eventually these
communities go away.
This is a policy that Congress needs to address because, from a
disappointing standpoint, the administration has made an administrative
decision that these harbors will not be taken care of. Congress needs
to speak on this issue. I am glad that we can move this forward in a
bipartisan basis and send a piece of legislation to the administration
that no longer provides them with the latitude as to whether these
harbors will be dredged or not. These harbors need to be dredged. They
will be dredged. This is exactly the appropriate message to send.
I thank my colleagues on the other side of the aisle for taking the
initiative in bringing this legislation forward.
Mr. OBERSTAR. I thank the gentleman from Michigan for his statement.
I just wanted to point out that the Great Lakes have gone through 15
years, in the 1960s, into the 1970s, into the 1980s, nearly a 20-year
period of abnormally high level. Now we are going
[[Page H3659]]
through a seventh year of low water drought in the watershed of the
Great Lakes. The Corps of Engineers has avoided dredging costs all
during those two decades of high water on the Great Lakes. It is time
now to recoup, to do the dredging that is needed, especially for these
small harbors, harbors of refuge, small commercial harbors. And the
gentleman's amendment will ensure that this issue stays on the agenda
of this and future administrations. So I urge support of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. STUPAK. Mr. Chairman, in closing, I would like to thank Chairman
Oberstar. He has been a great help throughout my whole career here, but
especially on issues confronting the Great Lakes and WRDA and other
areas of his expertise in transportation infrastructure. And Mr. Baker
has also been a friend and very helpful, as has Ms. Johnson.
It is a bipartisan piece of legislation. I would hope that the
Members support it. If we are going to truly care about waterborne
commerce and transportation in this Nation, we must remember that two-
thirds of all commerce on our Nation's waterways start and begin at the
small ports the Army Corps no longer wishes to dredge and maintain. We
need support on this amendment, and I ask for your support.
Mr. DELAHUNT. Mr. Chairman, for my district--coastal Massachusetts--
our waterways are as important as our roadways. They are also a vital
part of the Nation's transportation infrastructure.
It is the responsibility of the Army Corps of Engineers to help keep
our harbors, rivers and other channels in navigable condition. In New
England, the Corps is responsible for maintaining 171 ports and harbor
channels, yet the Bush Administration budget includes funding to take
care of just one. That is because the rules for Army Corps projects
were changed by the Bush Administration to now favor large, commercial
waterways. This constitutes an abandonment of Federal responsibility
and quite simply, is an assault on smaller communities all over the
country, putting lives and the economic health of coastal communities
at risk.
The rationale for these changes is that financial constraints require
us to abruptly change Army Corps' priorities to favor projects with
``true value to the Nation.'' This sounds good--but is dangerously
misleading. The changed formula focuses only on commercial tonnage and
mileage, so smaller projects do not have a chance--even though they are
critical to the economy and public safety.
When waterways close due to sediment build-up, the commercial fishing
industry suffers. Tourism is compromised. And our transport stops--
sometimes dead in the water. The Coast Guard can't undertake ``search
and rescue'' because they can't move--literally.
Just as a deteriorating highway or bridge needs repair, our waterways
need maintenance. If the traffic through a harbor requires an eight-
foot draft and sediment builds up, leaving only five feet available,
vessels cannot pass. It is larger, commercial vessels like tankers,
fishing boats and barges that face the greatest difficulty and are most
likely to run aground.
Entire portions of our local economy are organized around the sea and
the easy transport of people and products in and out of our harbors.
When you consider our island communities--such as Martha's Vineyard,
Nantucket, and Cuttyhunk--the waterways carry all the necessities for
local citizens, everything from food and water to lumber and heating
oil.
In Chatham Harbor, which hosts the largest fleet of commercial
fishing vessels in my district, we face a constant problem with
shoaling. It is a 900-foot channel and when it is not clear, millions
of dollars are at risk. Each year it is now a fight to keep the fishing
industry on Cape Cod in business.
It's the same thing with Green Harbor in Marshfield, where we have
the second highest lobster catch harbor in New England. In Woods Hole,
we have a major Coast Guard station which launches many cutter search-
and-rescue missions a year. Without regular dredging, that emergency
equipment is land-bound. In that same harbor, the Federal government
has invested millions in a state-of-the-art NOAA research vessel, the
Bigelow. But, these WHOI vessels and Navy vessels cannot do essential
research because the harbor is clogged with sentiment.
For coastal communities, our waterways are critical to their economic
well-being. I urge my colleagues to support this Amendment and support
our mariners, our fishermen, the Coast Guard, and small coastal
communities throughout the country.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Stupak).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Blumenauer
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in House Report 110-100.
Mr. BLUMENAUER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Blumenauer:
Strike section 2036 of the bill and insert the following
(and conform the table of contents accordingly):
SEC. 2036. PRINCIPLES AND GUIDELINES.
(a) In General.--The Secretary shall issue revised
principles and guidelines for use in the formulation,
evaluation, and implementation of water resources projects.
Subject to the requirements of this section, the revised
principles and guidelines shall apply to water resources
projects carried out by the Secretary instead of the
principles and guidelines for such projects in effect on the
date of enactment of this Act.
(b) Content.--The principles and guidelines shall, among
other things--
(1) provide for the consideration of environmental
restoration costs and benefits under Corps of Engineers
economic models;
(2) incorporate new techniques in risk and uncertainty
analysis;
(3) eliminate biases and disincentives for nonstructural
flood damage reduction projects as compared to structural
flood damage reduction projects;
(4) incorporate new analytical techniques;
(5) encourage, to the maximum extent practicable, the
restoration of aquatic ecosystems; and
(6) ensure that water resources projects are justified by
benefits that accrue to the public at large.
(c) Proposed Principles and Guidelines.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register proposed principles and guidelines under
subsection (a).
(2) Consultation.--In developing the proposed principles
and guidelines, the Secretary shall consult with the
Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the
Administrator of the Environmental Protection Agency, the
Secretary of Energy, the Secretary of Homeland Security, the
National Academy of Sciences, and the Council on
Environmental Quality.
(3) Public participation.--The Secretary shall provide
notice and an opportunity for the public to participate in
the development of the proposed principles and guidelines.
(d) Public Comment Following Issuance of Proposed
Principles and Guidelines.--After publication of the proposed
principles and guidelines, the Secretary shall provide an
opportunity for the public to comment on the proposed
principles and guidelines. The comment period shall not be
fewer than 60 days.
(e) Final Principles and Guidelines.--
(1) In general.--Not later than 90 days following the last
day of the comment period under subsection (d), the Secretary
shall issue final principles and guidelines under subsection
(a).
(2) Applicability.--After the date of issuance of the final
principles and guidelines, the final principles and
guidelines shall apply--
(A) to all water resources projects carried out by the
Secretary, other than projects for which the Secretary has
commenced a feasibility report before the date of such
issuance;
(B) at the request of a non-Federal interest, to a water
resources project for which the Secretary has commenced a
feasibility report before the date of such issuance; and
(C) to reevaluation or modification of a water resources
project, other than a reevaluation or modification that has
been commenced by the Secretary before the date of such
issuance.
(f) Existing Studies.--Principles and guidelines issued
under subsection (a) shall not affect the validity of any
completed study of a water resources development project.
The CHAIRMAN. Pursuant to House Resolution 319, the gentleman from
Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this amendment simply requires the Secretary of the
Army to update the principles and guidelines used by the Army Corps of
Engineers in formulating, evaluating, and implementing water resource
projects. As I said on the floor earlier today, they have not been
updated since 1983. It is embarrassing that the Corps is operating
under guidance a quarter century old.
We have learned a lot in the last 25 months, as I look to my
colleague from Louisiana, about Katrina and others in
[[Page H3660]]
terms of the Corps. Imagine how things have changed in the last 25
years.
Under this amendment, the Army Secretary would incorporate the latest
scientific and economic knowledge, eliminate biases and disincentives,
would be required to consult with the public and other Federal agencies
while updating the principles and guidelines.
I want to be clear about what it would not do. It would not impact
any project already underway or impact any project that is in the bill
that has been created here today. It would not prevent the Corps from
doing structural projects and would not delay any projects at all. It
is why it is supported by the American Society of Civil Engineers, the
professionals who actually do the work, taxpayer organizations, and
environmental groups.
The National Academy of Sciences in a report from the year 2000
pointed out that the current principles and guidelines were state-of-
the-art thinking when it was written, and some of the concepts and
paradigms that underpin it are relevant today. However, in over 20
years since it has been updated and revised, it needs to be revised to
reflect contemporary management paradigms; analytical methods;
legislative directives; social, economic, and political realities.
I deeply appreciate the work with the committee's staff, the Chair
and subcommittee Chair in getting this to this point.
Mr. BAKER. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Louisiana is recognized for 5
minutes.
Mr. BAKER. Mr. Chairman, I am certainly appreciative of the
gentleman's interest and have worked with him closely on a number of
matters through the course of the years. And just in this instance we
have a matter of policy difference.
The P&G planning process utilized by the Corps does not begin with an
idea that something must be done. It is not a process through which a
commercial activity will automatically or inordinately be concluded
must be implemented. The plan that is proposed must seek certain levels
of justification; that is an iterative process where various parties
are heard from over time.
As to the element of whether the P&G has been modified or not, I have
done some work on the matter over the last days, knowing of the
gentleman's interest in this amendment. And I can go back further over
time, but on September 30 of 1999, the Corps issued Engineering
Regulation 1165-2-501, which speaks directly to the gentleman's
interest to encourage to the maximum extent practicable the restoration
of aquatic ecosystems.
From the gentleman's amendment, the 1999 issuance speaks directly to
a nonmonetary output compatible with P&G selection criteria; meaning,
we should look at things broader than just dollars and cents.
On April 22, 2000, regulation 1105-2-200 recognized the national
ecosystem restoration plan on a par with national economic development.
March 26, 2002, chief of engineers issues the environmental operating
principles affirming sustainable development.
May 1, 2003: to provide for procedural guidance for formulating and
evaluating projects consistent with environmental sustainability.
There was another on May 5, 2005. But to ensure the gentleman has
time for his question, I will wrap up by saying, I have been assured by
the Corps that they are working as diligently as one can work to
accommodate environmental sensitivities while at the same time assuring
that projects move forward in a timely manner.
The reason for my concern, as the gentleman knows, I am highly
sensitized to our recovery from the Katrina-Rita days, and I know the
gentleman's amendment is worded in such a fashion that, if it is
authorized prior to the adoption of this language, it has no effect.
But going forward, we are going to be doing this stuff for a very long
time in our State.
The unintended consequences of these additional standards are going
to be costly to local sponsors, and they are going to require
significant additional programmatic time to achieve, not to ignore the
gentleman's concerns that ecosystem restoration is a valuable and
salutary goal that we should pursue.
I am happy to yield to the gentleman.
Mr. BLUMENAUER. I want to be clear that what you just stated that our
goals, the things that you just cited, have never been incorporated
into the principles and guidelines, have they?
Mr. BAKER. Yes. We may have a dispute as to the meaning of the words
that we have on the page, but I will be happy to provide the gentleman.
May 5, 2005: planning in a collaborative environment to build on
modernized guidance, improve Corps projects through greater
collaboration with all stakeholders. I am skipping a little bit here.
Broaden project selection criteria to encompass net beneficial effects
in all four P&G accounts; national economic development, regional
development, economic development, environmental quality, and other
social effects.
So it goes beyond even environmental aspects in their planning
process.
Mr. BLUMENAUER. And my question was, Is it not true that the Corps
has not adopted those things into the principles and guidelines?
Mr. BAKER. All I can speak to from my knowledge is Corps-issued
Engineering Circular 1105-2-409 on May 5, 2005.
Mr. BLUMENAUER. Engineering Circular that has not been incorporated
into their principles and guidelines.
Mr. BAKER. The distinction between a statutory adoption and a
circular being issued is managerial direction to people who are
implementing the programmatic requirements. It may be a difference of
no distinction to the gentleman; but my opinion is, after spending some
time with the Corps individuals, they feel they are on top of and are
trying as best they can within financial constraints to achieve the
goals the gentleman is prescribing. My worry is this will now transfer
a financial liability to the local sponsor which does not now exist and
may well, because of the times outlined in the gentleman's amendment,
protract the timely construction of worthwhile projects.
I, for example, am not sure whether this applies to aids to
navigation. I don't know. I am not suggesting it does, but the way the
amendment is constructed, I am worried about scope and reach. And
please understand, I want to be helpful to the gentleman's interest. I
am not at all averse to constructing projects in an environmentally
safe and sound manner. I am just not sure that the goals the gentleman
seeks are the results we would get out of the adoption of the
amendment.
Mr. BLUMENAUER. Mr. Chairman, I yield 1 minute to the gentleman from
Wisconsin (Mr. Petri).
Mr. PETRI. I thank my colleague for yielding.
Mr. Chairman, I rise in support of the Blumenauer amendment, the bill
before us, which would require the Army Corps of Engineers to revise
the principles and guidelines under which the Secretary formulates and
evaluates water resource projects.
It has been almost 25 years since any type of revision has been made
to the Corps' decision-making process for formulating, evaluating, and
implementing a project. The National Academy of Sciences has twice
recommended that these guidelines be updated.
We want to be sure that we have a fair and impartial analysis of
projects and that we don't set in place a procedure that inevitably
leads to the largest projects getting built, not the most cost-
effective ones.
The amendment is supported by many organizations, including the
American Rivers, Taxpayers for Common Sense, and Republicans for
Environmental Protection.
Up-to-date scientific engineering and environmental tools should be
taken into account when looking at projects. As Representative
Blumenauer has said, it is time to bring the Corps into the 20th and
21st centuries.
{time} 1800
Mr. BLUMENAUER. Mr. Chairman, I yield 1 minute to the gentleman from
Vermont (Mr. Welch).
Mr. WELCH of Vermont. Mr. Chairman, as you know, this legislation
will authorize projects that are vitally important to our communities,
to our citizens, to our environment.
[[Page H3661]]
This amendment is intended to begin the process of reforming the Army
Corps of Engineers process so it can be done better. I support and
applaud the leadership of the Committee on Transportation and the
cosponsors of this amendment. We must establish transparency,
collaboration and accountability within the Corps of Engineers so as to
better serve our communities.
What this amendment does is begin that process by citing improvements
that can be made in the principles and the guidelines. This is
essential because some of the things that have happened that have been
adverse to our communities and to our citizens have been foreseeable
and predictable. The reforms that we are beginning to take with this
amendment are to foresee, predict and avoid.
Secondly, independent peer review. I want to recognize the work of
the committee of including that in this legislation. It is my hope that
going forward in the conference committee that will actually be
strengthened.
Mr. BAKER. Mr. Chairman, I ask unanimous consent that each side be
given an additional 2 minutes for a total of 4 minutes for debate on
this amendment only.
The CHAIRMAN. Is there objection to the request of the gentleman from
Louisiana?
There was no objection.
The CHAIRMAN. The time is divided. Who seeks recognition?
Mr. BAKER. Mr. Chairman, I yield such time as he may consume to the
gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. I thank the gentleman from Louisiana for yielding me this
time, and I thank the majority side for agreeing to this unanimous
consent request.
I simply wanted to rise to say this. During my 6 years as chairman of
the Water Resources and Environment Subcommittee, I do not believe we
had a better member or more active member than the gentleman from
Oregon, and I certainly have the greatest admiration and respect for
him and his concern about this legislation.
I simply wanted to rise to say this. I don't believe this Congress
could pass a stronger environmental bill than this legislation that is
before us at this time; Chairman Oberstar has continually made sure of
that. And when we started with this bill several years ago, some people
wanted no Corps reform at all; some people wanted so much Corps reform
that really they were trying to stop every project that was included in
this bill.
Mr. Costello, who was my ranking member at that time, we compromised,
we worked out things.
I want to commend the staff for their work in this regard, and we put
in many environmental concerns the first time around. Then we put in
even more the second time around when we passed this bill.
We are now here again. We have given reform on peer review now so
that all the major projects, all the projects over $50 million are
subject to peer review. We have put in environmental reform and Corps
reform in regard to mitigation issues. We have put in Corps reform in
regard to project planning so that all the concerns of all the
environmental groups who want to be involved in this process will be
included.
I just want to point that out, how environmentally strong this
legislation is thanks to not only our efforts on this side and the
staff and Mr. Baker, but also Chairman Oberstar, Mr. Costello,
Chairwoman Johnson with a lot of contribution from the gentleman from
Oregon (Mr. Blumenauer) himself.
Mr. BLUMENAUER. Mr. Chairman, I yield 30 seconds to the gentleman
from Illinois (Mr. Costello).
Mr. COSTELLO. Mr. Chairman, there is a lot of confusion over the
Blumenauer amendment, and let me just say that the Blumenauer amendment
does not affect the language on independent review. The Blumenauer
amendment will make the study process more efficient, and for that
reason I ask my colleagues to support the Blumenauer amendment and
support the bill.
Mr. BLUMENAUER. Mr. Chairman, I yield 1 minute to the gentleman from
Minnesota (Mr. Oberstar), our distinguished chairman.
Mr. OBERSTAR. I thank the gentleman for yielding.
I appreciate the concerns of the distinguished ranking member of the
subcommittee about time and cost. We certainly don't want to add any
more time than Corps projects already take to evolve, nor do we want to
foist additional costs on local governments.
The language of the amendment of the gentleman, though, is simply to
take current practice that the Corps has in its principles and
guidelines, but to make those principles and guidelines into current
law. I have talked with the Corps representatives in the chief's
office, and they say, well, we're looking for direction from Congress.
This language will not add time, will not create costs that are not
already being incurred under our existing practice, and in that spirit,
I think the amendment should be accepted.
Mr. BLUMENAUER. Mr. Chairman, may I inquire as to the time remaining?
The CHAIRMAN. The gentleman from Oregon has 1\1/2\ minutes remaining.
Mr. BLUMENAUER. Then I will close.
I deeply appreciate the words of support that have been offered here
by my colleague from Wisconsin (Mr. Petri); from my distinguished
chairman, Mr. Oberstar; and from the former ranking member of the Water
Resources Committee, Mr. Costello.
I want to be clear that what was offered up by my friend, the
distinguished ranking member of the subcommittee, in no way undermines
what I said. These principles and guidelines have not been updated.
There are procedures and circulars discussed by the gentlemen from LA.
They have not been incorporated into an updated, revised principle and
guideline for the Corps of Engineers.
That is why the National Academy of Public Administration, one of the
many scientific organizations to recommend updating the principles and
guidelines, they released their recommendation after the circular that
the gentleman from Louisiana mentioned. His information simply is not
current in terms of how the Corps is operating and all the independent
bodies, the Science Board, the public administrators, why the American
Engineering Association, as well as taxpayers and environmental groups
say it is past time to fix this situation.
For those of you who care about getting something actually through
Congress, you ought to support this amendment. One of the hang-ups
between the House and the Senate has been this issue of reform. The
Senate has stronger language than this. I think it will help bridge the
gap. I urge its adoption.
The CHAIRMAN. All time for debate on the amendment has expired.
The question is on the amendment offered by the gentleman from Oregon
(Mr. Blumenauer).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Kirk
The CHAIRMAN. It is now in order to consider amendment No. 6 printed
in House Report 110-100.
Mr. KIRK. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Kirk:
At the end of title II of the bill, add the following (and
conform the table of contents accordingly):
SEC. 2041. SMALL PROJECTS FOR THE REHABILITATION AND REMOVAL
OF DAMS.
(a) In General.--The Secretary may carry out a small dam
removal or rehabilitation 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.
[[Page H3662]]
Modification to Amendment No. 6 Offered by Mr. Kirk
Mr. KIRK. Mr. Chairman, this amendment concerns removing small dams
from rivers, especially in my congressional district; and working with
the chairman and the minority, what I would like to do now is ask
unanimous consent to modify the amendment as agreed to by both sides.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 6 offered by Mr. Kirk:
In lieu of the matter proposed to be inserted, insert the
following on page 40, after line 23, (and redesignate
subsequent paragraphs accordingly):
(13) Lake county, illinois.--Project for aquatic ecosystem
restoration, Ryerson Forest Preserve Dam, Dam 1A, Dam 1B, and
Dam 1C, Lake County, Illinois.
The CHAIRMAN. Without objection, the modification is approved.
There was no objection.
The CHAIRMAN. Pursuant to House Resolution 319, the gentleman from
Illinois (Mr. Kirk) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. KIRK. Mr. Chairman, the scope of this amendment now is focused
exclusively on Lake County, Illinois, and mainly the watershed of the
Des Plaines River. This is a river in which several outdated and unused
dams are preventing the return of higher-end predator fish,
specifically pike and walleye, through the upper Des Plaines and Fox
River Valleys.
Now, I have worked on this amendment and consulted with my colleague,
Congresswoman Melissa Bean, and we both agree on a bipartisan basis
that the return of these high-end predator fish will not only help
restore the environment of upper Lake County and its Fox River and Des
Plaines watersheds, but also will be a help to sports fishing and
boating in these areas.
For these reasons, the removal of these very small but damaging
structures will go a long way to restoring the ecosystems along the
lines of the Chicago Paddlers Association and the Nature Conservancy
and their recommendations.
I want to particularly thank John Mica and his staff, especially Amy
Steinmann for her work on this, as well as Chairman Oberstar for his
help on this because this is going to make a big difference in the
ecosystem of Lake County, Illinois, and we hope to invite all of you,
maybe Mr. Baker as well, to come for a day, hopefully 5 years from now,
of exciting sports fishing in northern Illinois.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to claim time in
opposition, though I am not in opposition to the amendment.
The CHAIRMAN. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
Mr. OBERSTAR. And I do so to speak deliberately, carefully and
thoughtfully so that the Speaker pro tempore can reach the House floor
in order that the committee may rise and report the bill to the House
with sundry amendments and that we can conclude action on the bill. I
mean, let's be honest about what we're doing here in the spirit of
transparency.
But the gentleman from Illinois speaks for himself and also the
gentlewoman from Illinois (Ms. Bean) who shares this river with him and
also our former Speaker, Mr. Hastert, whom I saw on the House floor
just prior to consideration of the legislation. So he thought this
would be a good idea because he would be able to do some walleye
fishing on the river, and we are all for fishing walleyes, and the
gentleman has had a very, very clear and narrowly drawn objective.
I am glad we have been able to work this out in a manner that suits
his concerns and allays the fears and concerns of those in the Western
States that thought this was going to be a major hindrance to
hydroelectric projects.
So I thank the gentleman for tailoring the language of the amendment
to the needs at hand and to allay the broader concerns.
Mr. Chairman, I yield such time as he may require to the gentleman
from Louisiana (Mr. Baker).
Mr. BAKER. I thank the gentleman for yielding.
I just wanted to express a word of appreciation to the gentleman for
revision of his amendment as it now appears before Members. He worked
diligently with the staff in order to assure that some concerns that
had been raised had been alleviated, and we find ourselves at a point
where we have an amendment to which I do not believe there is
objection.
At some point later in the evening I assume we will agree to adopt it
and then later we will take up the underlying bill and pass that as
well.
I assume that the gentleman has sufficiently consumed enough time to
where the managerial matters of his earlier interests may have now been
resolved, I hope.
Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
Mr. KIRK. I would just like to state to the gentleman that I thank
you very much for your senior leadership on this bipartisan
legislation. I would hope that we could all agree that pike and walleye
fishing should not be reserved for those citizens of only Wisconsin and
Minnesota and can now return to the citizens of northern Illinois, who
will see this ecosystem restored.
Mr. Chairman, I yield back the balance of my time.
{time} 1815
Mr. OBERSTAR. How much time do I have, Mr. Chairman?
The CHAIRMAN. The gentleman from Minnesota has 2\1/2\ minutes
remaining.
Mr. OBERSTAR. I want to use this opportunity to thank the Chair of
the Subcommittee on Water Resources, the gentlewoman from Texas (Ms.
Eddie Bernice Johnson), for the superb work she has done shaping the
bill and bringing us to this point; and to the ranking member of the
subcommittee, Mr. Baker of Louisiana, whom I previously eulogized for
his work in the gulf; and our full committee ranking member, Mr. Mica.
This has truly been an effort bringing this bill forward, and
essential to this team have been the staff. I am always grateful for
the staff because that is where I started in this body 44 years ago, as
clerk of the Subcommittee on Rivers and Harbors, the predecessor of the
Committee on Public Works. It was the first committee of the Congress
in the first Congress in 1789.
I want to thank Ryan Seiger of the majority staff; Ted Ilston, Beth
Goldstein, Mike Brain, Rod Hall of Congresswoman Johnson's staff; Dave
Heymsfeld of the full committee; John Anderson, a distinguished long-
time professional on the minority side; Geoff Bowman, Tim Lundquist,
Jim Coon of the full committee staff; and Charlie Ziegler, whom I have
known for so many years, a friend of long-standing. I don't have old
friends anymore, friends of long standing, when you get to my age.
In the Legislative Counsel's Office, Curt Haensel and the ever-
talented Dave Mendelsohn. All have worked together, pitched in to help
us bring this bill to this point. We are ready now to conclude action
on the amendment of the gentleman from Illinois.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Kirk).
The amendment was agreed to.
The CHAIRMAN. The question is on the committee amendment in the
nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Welch of Vermont) having assumed the chair, Mr. Ross, Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1495) to
provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes, pursuant to House Resolution 319, he reported
the bill back to the House with an amendment adopted by the Committee
of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
[[Page H3663]]
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Walden of Oregon
Mr. WALDEN of Oregon. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. WALDEN of Oregon. At this time in its present form I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Walden of Oregon moves to recommit the bill H.R. 1495
to the Committee on Transportation and Infrastructure with
instructions to report back the same forthwith with the
following amendment:
SEC. 5124. RENEWABLE HYDROELECTRIC POWER.
(a) In General.--The Secretary shall--
(1) inventory, and, to the maximum extent economically
feasible, develop and maintain, all lands, properties, and
projects under the jurisdiction of the Secretary for the
potential of increasing hydroelectric power production or
constructing new hydroelectric power facilities thereon;
(2) study the potential effects of proposals to remove
Federal hydroelectric dams under the jurisdiction of the
Secretary, including--
(A) the impacts on domestic energy costs to consumers;
(B) the need to import more energy to make up for lost
production from such dams;
(C) the types of fossil-fuel based or other energy sources
(including clean nuclear power) that are likely to be
utilized to compensate for the lost energy associated with
dam removal; and
(D) any impacts on existing or future agricultural
production of biofuels or other alternative energy feedstocks
as a result of the loss of water to America's family farmers;
and
(3) to the maximum extent economically feasible, carry out
projects under the jurisdiction of the Secretary in a manner
that seeks to maintain lock systems where the systems are
essential for maintaining navigable waterways used for
commercial shipping and transport.
(b) Report.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report containing the results of the inventory
conducted under subsection (a)(1), the results of the study
conducted under subsection (a)(2), and a description of
actions taken by the Secretary to increase hydroelectric
power production.
(2) Updates.--The Secretary shall update the report at
least once every 5 years and submit the updated reports to
Congress.
(c) Statutory Construction.--Nothing in this section shall
be construed to supersede, limit, or otherwise affect any
provision of law in effect on the date of enactment of this
Act.
Mr. WALDEN of Oregon (during the reading). Mr. Speaker, I ask
unanimous consent that the motion to recommit be considered as read and
printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
Mr. OBERSTAR. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk will read.
The Clerk continued to read the motion to recommit.
The SPEAKER pro tempore. The gentleman from Oregon is recognized for
5 minutes.
Mr. WALDEN of Oregon. Thank you very much, Mr. Speaker.
I want to first commend the gentleman from Minnesota. He has a tough
job; he has done it well on this committee. I have enjoyed my work over
the years on issues where we have agreed. I bring this motion to
recommit to the floor for a couple of reasons.
The first deals with the issue of global warming and America's energy
independence. I was appointed recently to the Select Committee on
Energy Independence and Global Warming. We have had a lot of hearings
there and in the Energy and Commerce Committee and in the Energy and
Air Quality Subcommittee about how do we make America both energy
independent and reduce our carbon emissions and greenhouse gas
emissions.
Obviously, coming from the Pacific Northwest, we are blessed in that
a large percentage of our electrical generation comes from these large
hydropower projects. Hydropower for America means no greenhouse gas
emissions, virtually, virtually none. I suppose you could say there is
some in the creation of the cement that goes into the concrete that
makes up the dams, but once they are built, they are 90 percent
efficient and no carbon emissions. So, obviously, there is discussion
out there in the courts and elsewhere about reducing hydropower by
eliminating dams.
I think it would help us in our work, in both the Select Committee on
Energy and Independence, and on global warming, to know what the
impacts are and if you remove the hydropower system in any course or
place, what the impacts on domestic energy cost to consumers would be;
what would the need be to import more energy as replacement, because
obviously that is one of the issues that we look at. If you take out a
particular power generation capacity, and especially one that is 90
percent efficient and doesn't emit green house gases, then what's the
carbon footprint for the replacement power?
We would look at that and call for a report on the types of fossil-
based fuels or other energy sources, perhaps including clean nuclear,
to replace this power that would likely be utilized.
In addition, we ask for a report on maintenance of the lock system as
well, which is extraordinarily important. I want to point out that in
2004 alone, more than 160 million tons of carbon emissions were avoided
in the United States when 268 million megawatt hours of
hydroelectricity were generated. Hydropower offsets more carbon
emissions than all other renewable energy sources combined.
If they were to be removed, the dams in the Northwest, it would take
six and a half 500-megawatt coal-fired plants to replace the energy
generated, not that anybody is talking about replacing them all. That,
though, would increase CO2 emissions by 47.4 billion pounds,
47.4 billion pounds.
Let's look at this in replacement of shipping terms, if we don't take
care of locks. In the Columbia and Snake River system, certainly in the
Columbia River, certainly at John Day, there are issues about these
antiquated locks that are having real maintenance needs, and yet we
lack funding in some cases to deal with it.
A tow of four 3,500-ton grain barges equates to 400 trucks each at
400 horsepower. For example Tidewater Barge Company, a single example,
Tidewater ships about 6 million tons up and down the Columbia River
each year. These 6 million tons would require 171,200 trucks if the
barging capability was removed. Over 171,000 trucks. So you can see why
I am concerned about lock maintenance and the need to continue down
that path. This motion to recommit would do that.
I yield to the gentleman from Louisiana.
Mr. BAKER. I thank the gentleman for yielding.
As I understand the amendment, it is to require a study, an
inventory, and an assessment of our hydroelectric capacity that is
under the Secretary's jurisdiction, further to examine the advisability
of perhaps private ownership of those facilities for the public
interest, or whether we should enhance the government-owned and -
operated facilities.
So it is an examination of our energy resources to determine how we
should best go forward, and the Congress does not require today the
expenditure of any new money for such purpose other than that to
accomplish the study.
Mr. WALDEN of Oregon. I think as spelled out in this motion to
recommit, the gentleman is correct.
Mr. BAKER. I thank the gentleman. With that understanding, I would
just express support for the gentleman.
Mr. WALDEN of Oregon. Certainly anything that would be required here,
because it does require the Corps to inventory, develop and maintain
all lands, properties, et cetera, for the potential of producing
hydropower. Obviously, though, we waive no environmental laws. Anything
that would be authorized or result or interpreted that way from this
language would require appropriation. There would be all the reviews
that are required for any other law.
I urge support of the motion to recommit.
Mr. OBERSTAR. Mr. Speaker, I rise in opposition to the motion to
recommit.
[[Page H3664]]
The SPEAKER pro tempore. The gentleman from Minnesota is recognized
for 5 minutes.
Mr. OBERSTAR. First of all, we had a very clear agreement within the
committee on the Democratic and Republican side not to take new items
that were not in the 109th Congress Water Resources Development Act. We
have vigorously adhered to that, kept a great many projects out.
This proposal is not only new, but it is massive, it is huge, it is
not a study of potential effects. It has very clear declarative
language: the Secretary shall inventory, develop and maintain all
lands, properties, projects, meaning hydroelectric projects. The
language at the very outset prohibits any action that may be proposed,
as is being considered along the Snake River, to remove dams for
environmental purposes, and by directing the Secretary to undertake
this action, creates a PAYGO issue. There is a clear budgetary
consequence in that language.
This motion goes well beyond the intent of the Water Resources
Development Act. It goes beyond the bipartisan agreement we have in
bringing this bill to the floor. It authorizes unlimited projects
without consideration of environmental impacts or consideration of
taxpayer expense.
{time} 1830
It impacts legislation that we already have in this bill. It goes far
beyond the scope that we intended in WRDA.
We can consider the gentleman's proposal in future authorizations of
WRDA and in hearings that we will undertake, but this amendment has no
place during floor consideration of this bill at this late hour when it
clearly brings into play items well beyond the scope of the agreement
between the Democrats and Republicans on the bill and well beyond the
scope of the purpose of the legislation. It imposes vast, potential new
expenditures and requirements upon the Secretary, some of which are not
even well understood at this point.
So I oppose the motion, and I urge a ``no'' vote.
The SPEAKER pro tempore (Mr. Tierney). Without objection, the
previous question is ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. WALDEN of Oregon. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage of the bill.
The vote was taken by electronic device, and there were--yeas 194,
nays 226, not voting 13, as follows:
[Roll No. 233]
YEAS--194
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NAYS--226
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Filner
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOT VOTING--13
Cantor
Cubin
Davis, Jo Ann
Fattah
Higgins
Israel
Jones (NC)
Lampson
McCollum (MN)
Millender-McDonald
Rohrabacher
Walsh (NY)
Wicker
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised that
there are 2 minutes remaining in this vote.
{time} 1859
Mr. HALL of New York, Mr. MITCHELL, Mrs. BOYDA of Kansas, Ms.
JACKSON-LEE of Texas, Mr. FARR and Mr. THOMPSON of Mississippi changed
their vote from ``yea'' to ``nay.''
Messrs. McHUGH, STEARNS and EHLERS changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 394,
nays 25, not voting 14, as follows:
[[Page H3665]]
[Roll No. 234]
YEAS--394
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foxx
Frank (MA)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gingrey
Gonzalez
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NAYS--25
Bachmann
Bilbray
Blackburn
Boehner
Chabot
Feeney
Flake
Franks (AZ)
Gohmert
Goode
Goodlatte
Hensarling
Inglis (SC)
Jordan
Lamborn
McHenry
Miller (FL)
Pence
Royce
Shadegg
Stearns
Tancredo
Tiberi
Westmoreland
Wilson (SC)
NOT VOTING--14
Cantor
Cubin
Davis, Jo Ann
Fattah
Higgins
Israel
Jones (NC)
Lampson
Millender-McDonald
Paul
Pickering
Rohrabacher
Walsh (NY)
Wicker
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.
{time} 1908
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________