[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Pages 12007-12057]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1065. Mrs. BOXER (for herself, Mr. Inhofe, Mr. Baucus, and Mr. 
Isakson) submitted an amendment intended to be proposed by her to 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; which was ordered to lie on 
the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                   TITLE I--WATER RESOURCES PROJECTS

Sec. 1001. Project authorizations.
Sec. 1002. Enhanced navigation capacity improvements and ecosystem 
              restoration plan for Upper Mississippi River and Illinois 
              Waterway System.
Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.
Sec. 1007. Small projects to prevent or mitigate damage caused by 
              navigation projects.
Sec. 1008. Small projects for aquatic plant control.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

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

              Subtitle B--Continuing Authorities Projects

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

               Subtitle C--National Levee Safety Program

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

                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Nogales Wash and tributaries flood control project, Arizona.
Sec. 3005. Rio de Flag, Flagstaff, Arizona.
Sec. 3006. Tucson drainage area (Tucson Arroyo), Arizona.
Sec. 3007. Augusta and Clarendon, Arkansas.
Sec. 3008. Eastern Arkansas Enterprise Community, Arkansas.
Sec. 3009. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3010. St. Francis Basin, Arkansas and Missouri.
Sec. 3011. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3012. McClellan-Kerr Arkansas River Navigation System, Arkansas 
              and Oklahoma.
Sec. 3013. Cache Creek Basin, California.
Sec. 3014. CALFED levee stability program, California.
Sec. 3015. Hamilton Airfield, California.
Sec. 3016. LA-3 dredged material ocean disposal site designation, 
              California.
Sec. 3017. Larkspur Ferry Channel, California.
Sec. 3018. Llagas Creek, California.
Sec. 3019. Magpie Creek, California.
Sec. 3020. Petaluma River, Petaluma, California.
Sec. 3021. Pine Flat Dam fish and wildlife habitat, California.
Sec. 3022. Redwood City Navigation Project, California.
Sec. 3023. Sacramento and American Rivers flood control, California.
Sec. 3024. Sacramento River bank protection project, California.
Sec. 3025. Conditional declaration of nonnavigability, Port of San 
              Francisco, California.
Sec. 3026. Salton Sea restoration, California.
Sec. 3027. Santa Barbara Streams, Lower Mission Creek, California.
Sec. 3028. Upper Guadalupe River, California.
Sec. 3029. Yuba River Basin project, California.
Sec. 3030. Charles Hervey Townshend Breakwater, New Haven Harbor, 
              Connecticut.
Sec. 3031. Anchorage area, New London Harbor, Connecticut.
Sec. 3032. Norwalk Harbor, Connecticut.
Sec. 3033. St. George's Bridge, Delaware.
Sec. 3034. Additional program authority, comprehensive Everglades 
              restoration, Florida.
Sec. 3035. Brevard County, Florida.
Sec. 3036. Critical restoration projects, Everglades and south Florida 
              ecosystem restoration, Florida.
Sec. 3037. Lake Okeechobee and Hillsboro Aquifer pilot projects, 
              comprehensive Everglades restoration, Florida.
Sec. 3038. Lido Key, Sarasota County, Florida.
Sec. 3039. Port Sutton Channel, Tampa Harbor, Florida.
Sec. 3040. Tampa Harbor, Cut B, Tampa, Florida.
Sec. 3041. Allatoona Lake, Georgia.
Sec. 3042. Dworshak Reservoir improvements, Idaho.
Sec. 3043. Little Wood River, Gooding, Idaho.
Sec. 3044. Port of Lewiston, Idaho.
Sec. 3045. Cache River Levee, Illinois.
Sec. 3046. Chicago, Illinois.
Sec. 3047. Chicago River, Illinois.
Sec. 3048. Illinois River Basin restoration.
Sec. 3049. Missouri and Illinois flood protection projects 
              reconstruction pilot program.
Sec. 3050. Spunky Bottom, Illinois.
Sec. 3051. Strawn Cemetery, John Redmond Lake, Kansas.
Sec. 3052. Milford Lake, Milford, Kansas.
Sec. 3053. Ohio River Basin comprehensive plan.
Sec. 3054. Hickman Bluff stabilization, Kentucky.
Sec. 3055. McAlpine Lock and Dam, Kentucky and Indiana.

[[Page 12008]]

Sec. 3056. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3057. Regional visitor center, Atchafalaya Basin Floodway System, 
              Louisiana.
Sec. 3058. Calcasieu River and Pass, Louisiana.
Sec. 3059. East Baton Rouge Parish, Louisiana.
Sec. 3060. Mississippi River Gulf Outlet relocation assistance, 
              Louisiana.
Sec. 3061. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3062. Camp Ellis, Saco, Maine.
Sec. 3063. Rockland Harbor, Maine.
Sec. 3064. Rockport Harbor, Maine.
Sec. 3065. Saco River, Maine.
Sec. 3066. Union River, Maine.
Sec. 3067. Baltimore Harbor and Channels, Maryland and Virginia.
Sec. 3068. Chesapeake Bay environmental restoration and protection 
              program, Maryland, Pennsylvania, and Virginia.
Sec. 3069. Flood protection project, Cumberland, Maryland.
Sec. 3070. Aunt Lydia's Cove, Massachusetts.
Sec. 3071. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 3072. North River, Peabody, Massachusetts.
Sec. 3073. Ecorse Creek, Michigan.
Sec. 3074. St. Clair River and Lake St. Clair, Michigan.
Sec. 3075. Duluth Harbor, Minnesota.
Sec. 3076. Project for environmental enhancement, Mississippi and 
              Louisiana estuarine areas, Mississippi and Louisiana.
Sec. 3077. Land exchange, Pike County, Missouri.
Sec. 3078. L-15 levee, Missouri.
Sec. 3079. Union Lake, Missouri.
Sec. 3080. Lower Yellowstone project, Montana.
Sec. 3081. Yellowstone River and tributaries, Montana and North Dakota.
Sec. 3082. Western Sarpy and Clear Creek, Nebraska.
Sec. 3083. Lower Truckee River, McCarran Ranch, Nevada.
Sec. 3084. Cooperative agreements, New Mexico.
Sec. 3085. Middle Rio Grande restoration, New Mexico.
Sec. 3086. Long Island Sound oyster restoration, New York and 
              Connecticut.
Sec. 3087. Mamaroneck and Sheldrake Rivers watershed management, New 
              York.
Sec. 3088. Orchard Beach, Bronx, New York.
Sec. 3089. New York Harbor, New York, New York.
Sec. 3090. New York State Canal System.
Sec. 3091. Susquehanna River and Upper Delaware River watershed 
              management, New York.
Sec. 3092. Missouri River restoration, North Dakota.
Sec. 3093. Ohio.
Sec. 3094. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3095. Toussaint River Navigation Project, Carroll Township, Ohio.
Sec. 3096. Arcadia Lake, Oklahoma.
Sec. 3097. Lake Eufaula, Oklahoma.
Sec. 3098. Release of reversionary interest, Oklahoma.
Sec. 3099. Oklahoma lakes demonstration program, Oklahoma.
Sec. 3100. Ottawa County, Oklahoma.
Sec. 3101. Red River chloride control, Oklahoma and Texas.
Sec. 3102. Waurika Lake, Oklahoma.
Sec. 3103. Lookout Point project, Lowell, Oregon.
Sec. 3104. Upper Willamette River Watershed ecosystem restoration.
Sec. 3105. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 3106. Narragansett Bay, Rhode Island.
Sec. 3107. South Carolina Department of Commerce development proposal 
              at Richard B. Russell Lake, South Carolina.
Sec. 3108. Missouri River restoration, South Dakota.
Sec. 3109. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 3110. Nonconnah Weir, Memphis, Tennessee.
Sec. 3111. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 3112. Sandy Creek, Jackson County, Tennessee.
Sec. 3113. Cedar Bayou, Texas.
Sec. 3114. Denison, Texas.
Sec. 3115. Central City, Fort Worth, Texas.
Sec. 3116. Freeport Harbor, Texas.
Sec. 3117. Harris County, Texas.
Sec. 3118. Connecticut River restoration, Vermont.
Sec. 3119. Dam remediation, Vermont.
Sec. 3120. Lake Champlain Eurasian milfoil, water chestnut, and other 
              nonnative plant control, Vermont.
Sec. 3121. Upper Connecticut River Basin wetland restoration, Vermont 
              and New Hampshire.
Sec. 3122. Upper Connecticut River Basin ecosystem restoration, Vermont 
              and New Hampshire.
Sec. 3123. Lake Champlain watershed, Vermont and New York.
Sec. 3124. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 3125. James River, Virginia.
Sec. 3126. Tangier Island Seawall, Virginia.
Sec. 3127. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3128. Lower granite pool, Washington.
Sec. 3129. McNary Lock and Dam, McNary National Wildlife Refuge, 
              Washington and Idaho.
Sec. 3130. Snake River project, Washington and Idaho.
Sec. 3131. Whatcom Creek Waterway, Bellingham, Washington.
Sec. 3132. Lower Mud River, Milton, West Virginia.
Sec. 3133. McDowell County, West Virginia.
Sec. 3134. Green Bay Harbor project, Green Bay, Wisconsin.
Sec. 3135. Manitowoc Harbor, Wisconsin.
Sec. 3136. Oconto Harbor, Wisconsin.
Sec. 3137. Mississippi River headwaters reservoirs.
Sec. 3138. Lower Mississippi River Museum and Riverfront Interpretive 
              Site.
Sec. 3139. Upper Mississippi River system environmental management 
              program.
Sec. 3140. Upper basin of Missouri River.
Sec. 3141. Great Lakes fishery and ecosystem restoration program.
Sec. 3142. Great Lakes remedial action plans and sediment remediation.
Sec. 3143. Great Lakes tributary models.
Sec. 3144. Upper Ohio River and tributaries navigation system new 
              technology pilot program.

                           TITLE IV--STUDIES

Sec. 4001. Seward Breakwater, Alaska.
Sec. 4002. Nome Harbor improvements, Alaska.
Sec. 4003. McClellan-Kerr Arkansas River Navigation Channel.
Sec. 4004. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 4005. Los Angeles River revitalization study, California.
Sec. 4006. Nicholas Canyon, Los Angeles, California.
Sec. 4007. Oceanside, California, shoreline special study.
Sec. 4008. Comprehensive flood protection project, St. Helena, 
              California.
Sec. 4009. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman 
              Island, California.
Sec. 4010. South San Francisco Bay shoreline study, California.
Sec. 4011. San Pablo Bay Watershed restoration, California.
Sec. 4012. Fountain Creek, North of Pueblo, Colorado.
Sec. 4013. Selenium study, Colorado.
Sec. 4014. Delaware inland bays and tributaries and Atlantic Coast, 
              Delaware.
Sec. 4015. Herbert Hoover Dike supplemental major rehabilitation 
              report, Florida.
Sec. 4016. Boise River, Idaho.
Sec. 4017. Promontory Point third-party review, Chicago shoreline, 
              Chicago, Illinois.
Sec. 4018. Vidalia Port, Louisiana.
Sec. 4019. Lake Erie at Luna Pier, Michigan.
Sec. 4020. Wild Rice River, Minnesota.
Sec. 4021. Asian carp dispersal barrier demonstration project, Upper 
              Mississippi River.
Sec. 4022. Flood damage reduction, Ohio.
Sec. 4023. Middle Bass Island State Park, Middle Bass Island, Ohio.
Sec. 4024. Ohio River, Ohio.
Sec. 4025. Toledo Harbor dredged material placement, Toledo, Ohio.
Sec. 4026. Toledo Harbor, Maumee River, and Lake Channel Project, 
              Toledo, Ohio.
Sec. 4027. Woonsocket local protection project, Blackstone River Basin, 
              Rhode Island.
Sec. 4028. Jasper County port facility study, South Carolina.
Sec. 4029. Johnson Creek, Arlington, Texas.
Sec. 4030. Ecosystem and hydropower generation dams, Vermont.
Sec. 4031. Eurasian milfoil.
Sec. 4032. Lake Champlain Canal study, Vermont and New York.
Sec. 4033. Baker Bay and Ilwaco Harbor, Washington.
Sec. 4034. Elliot Bay seawall rehabilitation study, Washington.
Sec. 4035. Johnsonville Dam, Johnsonville, Wisconsin.
Sec. 4036. Debris removal.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Lakes program.
Sec. 5002. Estuary restoration.
Sec. 5003. Environmental infrastructure.
Sec. 5004. Alaska.
Sec. 5005. California.
Sec. 5006. Conveyance of Oakland Inner Harbor Tidal Canal property.
Sec. 5007. Stockton, California.
Sec. 5008. Rio Grande environmental management program, Colorado, New 
              Mexico, and Texas.
Sec. 5009. Delmarva conservation corridor, Delaware and Maryland.
Sec. 5010. Susquehanna, Delaware, and Potomac River Basins, Delaware, 
              Maryland, Pennsylvania, and Virginia.
Sec. 5011. Anacostia River, District of Columbia and Maryland.

[[Page 12009]]

Sec. 5012. Big Creek, Georgia, watershed management and restoration 
              program.
Sec. 5013. Metropolitan North Georgia Water Planning District.
Sec. 5014. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and 
              Wyoming.
Sec. 5015. Chicago Sanitary and Ship Canal Dispersal Barriers project, 
              Illinois.
Sec. 5016. Missouri River and tributaries, mitigation, recovery and 
              restoration, Iowa, Kansas, Missouri, Montana, Nebraska, 
              North Dakota, South Dakota, and Wyoming.
Sec. 5017. Southeast Louisiana region, Louisiana.
Sec. 5018. Mississippi.
Sec. 5019. St. Mary Project, Blackfeet Reservation, Montana.
Sec. 5020. Lower Platte River watershed restoration, Nebraska.
Sec. 5021. North Carolina.
Sec. 5022. Ohio River Basin environmental management.
Sec. 5023. Statewide comprehensive water planning, Oklahoma.
Sec. 5024. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
              terrestrial wildlife habitat restoration, South Dakota.
Sec. 5025. Texas.
Sec. 5026. Connecticut River dams, Vermont.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and Vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Inland Waterway from Delaware River to Chesapeake Bay, Part 
              II, installation of fender protection for bridges, 
              Delaware and Maryland.
Sec. 6005. Shingle Creek Basin, Florida.
Sec. 6006. Illinois Waterway, South Fork of the South Branch of the 
              Chicago River, Illinois.
Sec. 6007. Brevoort, Indiana.
Sec. 6008. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6009. Lake George, Hobart, Indiana.
Sec. 6010. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6011. Muscatine Harbor, Iowa.
Sec. 6012. Big South Fork National River and recreational area, 
              Kentucky and Tennessee.
Sec. 6013. Eagle Creek Lake, Kentucky.
Sec. 6014. Hazard, Kentucky.
Sec. 6015. West Kentucky Tributaries, Kentucky.
Sec. 6016. Bayou Cocodrie and Tributaries, Louisiana.
Sec. 6017. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 6018. Eastern Rapides and South-Central Avoyelles Parishes, 
              Louisiana.
Sec. 6019. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6020. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, 
              Louisiana.
Sec. 6021. Red River Waterway, Shreveport, Louisiana to Daingerfield, 
              Texas.
Sec. 6022. Casco Bay, Portland, Maine.
Sec. 6023. Northeast Harbor, Maine.
Sec. 6024. Penobscot River, Bangor, Maine.
Sec. 6025. Saint John River Basin, Maine.
Sec. 6026. Tenants Harbor, Maine.
Sec. 6027. Falmouth Harbor, Massachusetts.
Sec. 6028. Island End River, Massachusetts.
Sec. 6029. Mystic River, Massachusetts.
Sec. 6030. Grand Haven Harbor, Michigan.
Sec. 6031. Greenville Harbor, Mississippi.
Sec. 6032. Platte River flood and related streambank erosion control, 
              Nebraska.
Sec. 6033. Epping, New Hampshire.
Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal, 
              Jersey City, New Jersey.
Sec. 6035. Eisenhower and Snell Locks, New York.
Sec. 6036. Olcott Harbor, Lake Ontario, New York.
Sec. 6037. Outer Harbor, Buffalo, New York.
Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6039. Cleveland Harbor 1958 Act, Ohio.
Sec. 6040. Cleveland Harbor 1960 Act, Ohio.
Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6043. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6044. Tamaqua, Pennsylvania.
Sec. 6045. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6046. Quonset Point-Davisville, Rhode Island.
Sec. 6047. Arroyo Colorado, Texas.
Sec. 6048. Cypress Creek-Structural, Texas.
Sec. 6049. East Fork Channel Improvement, Increment 2, East Fork of the 
              Trinity River, Texas.
Sec. 6050. Falfurrias, Texas.
Sec. 6051. Pecan Bayou Lake, Texas.
Sec. 6052. Lake of the Pines, Texas.
Sec. 6053. Tennessee Colony Lake, Texas.
Sec. 6054. City Waterway, Tacoma, Washington.
Sec. 6055. Kanawha River, Charleston, West Virginia.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

                   TITLE I--WATER RESOURCES PROJECTS

     SEC. 1001. PROJECT AUTHORIZATIONS.

       Except as otherwise provided in this section, the following 
     projects for water resources development and conservation and 
     other purposes are authorized to be carried out by the 
     Secretary substantially in accordance with the plans, and 
     subject to the conditions, described in the respective 
     reports designated in this section:
       (1) Haines harbor, alaska.--The project for navigation, 
     Haines Harbor, Alaska: Report of the Chief of Engineers dated 
     December 20, 2004, at a total 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) Tanque verde creek, arizona.--The project for ecosystem 
     restoration, Tanque Verde Creek, Arizona: Report of the Chief 
     of Engineers dated July 22, 2003, at a total cost of 
     $5,906,000, with an estimated Federal cost of $3,836,000 and 
     an estimated non-Federal cost of $2,070,000.
       (3) Salt river (va shlyay akimel), maricopa county, 
     arizona.--
       (A) In general.--The project for ecosystem restoration, 
     Salt River (Va Shlyay Akimel), Arizona: Report of the Chief 
     of Engineers dated January 3, 2005, at a total cost of 
     $162,100,000, with an estimated Federal cost of $105,200,000 
     and an estimated non-Federal cost of $56,900,000.
       (B) Coordination with federal reclamation projects.--The 
     Secretary, to the maximum extent practicable, shall 
     coordinate the development and construction of the project 
     described in subparagraph (A) with each Federal reclamation 
     project located in the Salt River Basin to address statutory 
     requirements and the operations of those projects.
       (4) May branch, fort smith, arkansas.--The project for 
     flood damage reduction, May Branch, Fort Smith, Arkansas: 
     Report of the Chief of Engineers dated December 19, 2006, at 
     a total cost of $30,850,000, with an estimated Federal cost 
     of $15,010,000 and an estimated non-Federal cost of 
     $15,840,000.
       (5) Hamilton city, california.--The project for flood 
     damage reduction and ecosystem restoration, Hamilton City, 
     California: Report of the Chief of Engineers dated December 
     22, 2004, at a total cost of $52,400,000, with an estimated 
     Federal cost of $34,100,000 and estimated non-Federal cost of 
     $18,300,000.
       (6) 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.
       (7) Matilija dam, ventura county, california.--The project 
     for ecosystem restoration, Matilija Dam and Ventura River 
     Watershed, Ventura County, California: Report of the Chief of 
     Engineers dated December 20, 2004, at a total cost of 
     $144,500,000, with an estimated Federal cost of $$89,700,000 
     and an estimated non-Federal cost of $54,800,000.
       (8) Middle creek, lake county, california.--The project for 
     flood damage reduction and ecosystem restoration, Middle 
     Creek, Lake County, California: Report of the Chief of 
     Engineers dated November 29, 2004, at a total cost of 
     $45,200,000, with an estimated Federal cost of $29,500,000 
     and an estimated non-Federal cost of $15,700,000.
       (9) Napa river salt marsh, california.--
       (A) In general.--The project for ecosystem restoration, 
     Napa River Salt Marsh, 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.
       (10) South platte river, denver, colorado.--The project for 
     ecosystem restoration, Denver County Reach, South Platte 
     River, Denver, Colorado: Report of the Chief of Engineers 
     dated May 16, 2003, at a total cost of $20,100,000, with an 
     estimated Federal cost of $13,065,000 and an estimated non-
     Federal cost of $7,035,000.
       (11) Comprehensive everglades restoration plan, central and 
     southern florida, site 1.--The project for ecosystem 
     restoration, Comprehensive Everglades restoration plan, 
     central and southern Florida, Site 1 impoundment project, 
     Palm Beach County, Florida: Report of the Chief of Engineers 
     dated December 19, 2006, at a total cost of $80,840,000, with 
     an estimated Federal cost of $40,420,000 and an estimated 
     non-Federal cost of $40,420,000.

[[Page 12010]]

       (12) Indian river lagoon, south florida.--
       (A) In general.--The Secretary may carry out the project 
     for ecosystem restoration, water supply, flood control, and 
     protection of water quality, Indian River Lagoon, south 
     Florida, at a total cost of $1,365,000,000, with an estimated 
     first Federal cost of $682,500,000 and an estimated first 
     non-Federal cost of $682,500,000, in accordance with section 
     601 of the Water Resources Development Act of 2000 (114 Stat. 
     2680) and the recommendations of the report of the Chief of 
     Engineers dated August 6, 2004.
       (B) Deauthorizations.--As of the date of enactment of this 
     Act, the following projects are not authorized:
       (i) The uncompleted portions of the project authorized by 
     section 601(b)(2)(C)(i) of the Water Resources Development 
     Act of 2000 (114 Stat. 2682), C-44 Basin Storage Reservoir of 
     the Comprehensive Everglades Restoration Plan, at a total 
     cost of $147,800,000, with an estimated Federal cost of 
     $73,900,000 and an estimated non-Federal cost of $73,900,000.
       (ii) The uncompleted portions of the project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), Martin County, Florida, modifications to 
     Central and South Florida Project, as contained in Senate 
     Document 101, 90th Congress, 2d Session, at a total cost of 
     $15,471,000, with an estimated Federal cost of $8,073,000 and 
     an estimated non-Federal cost of $7,398,000.
       (iii) The uncompleted portions of the project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), East Coast Backpumping, St. Lucie-Martin 
     County, Spillway Structure S-311 of the Central and South 
     Florida Project, as contained in House Document 369, 90th 
     Congress, 2d Session, at a total cost of $77,118,000, with an 
     estimated Federal cost of $55,124,000 and an estimated non-
     Federal cost of $21,994,000.
       (13) Miami harbor, miami, florida.--The project for 
     navigation, Miami Harbor, Miami, Florida: Report of the Chief 
     of Engineers dated April 25, 2005, at a total cost of 
     $125,270,000, with an estimated Federal cost of $75,140,000 
     and an estimated non-Federal cost of $50,130,000.
       (14) Picayune strand, florida.--The project for ecosystem 
     restoration, Picayune Strand, Florida: Report of the Chief of 
     Engineers dated September 15, 2005, at a total cost of 
     $375,330,000 with an estimated Federal cost of $187,665,000 
     and an estimated non-Federal cost of $187,665,000.
       (15) East st. louis and vicinity, illinois.--The project 
     for ecosystem restoration and recreation, East St. Louis and 
     Vicinity, Illinois: Report of the Chief of Engineers dated 
     December 22, 2004, at a total cost of $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, illinois.--The project for 
     ecosystem restoration, Peoria Riverfront, 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, illinois.--The project for 
     flood damage reduction, Wood River, 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) 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.
       (20) Morganza to the gulf of mexico, louisiana.--
       (A) In general.--The project for hurricane and storm damage 
     reduction, Morganza to the Gulf of Mexico, Louisiana: Reports 
     of the Chief of Engineers dated August 23, 2002, and July 22, 
     2003, at a total cost of $886,700,000 with an estimated 
     Federal cost of $576,355,000 and an estimated non-Federal 
     cost of $310,345,000.
       (B) Operation and maintenance.--The operation, maintenance, 
     repair, rehabilitation, and replacement of the Houma 
     Navigation Canal lock complex and the Gulf Intracoastal 
     Waterway floodgate features that provide for inland waterway 
     transportation shall be a Federal responsibility, in 
     accordance with section 102 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212; Public Law 99-662).
       (21) Port of iberia, louisiana.--The project for 
     navigation, Port of Iberia, Louisiana: Report of the Chief of 
     Engineers dated December 31, 2006, at a total cost of 
     $131,250,000, with an estimated Federal cost of $105,315,000 
     and an estimated non-Federal cost of $25,935,000, except that 
     the Secretary, in consultation with Vermillion and Iberia 
     Parishes, Louisiana, is directed to use available dredged 
     material and rock placement on the south bank of the Gulf 
     Intracoastal Waterway and the west bank of the Freshwater 
     Bayou Channel to provide incidental storm surge protection.
       (22) Poplar island expansion, maryland.--The project for 
     the beneficial use of dredged material at Poplar Island, 
     Maryland, authorized by section 537 of the Water Resources 
     Development Act of 1996 (110 Stat. 3776), and modified by 
     section 318 of the Water Resources Development Act of 2000 
     (114 Stat. 2678), is further modified to authorize the 
     Secretary to construct the expansion of the project in 
     accordance with the Report of the Chief of Engineers dated 
     March 31, 2006, at an additional total cost of $260,000,000, 
     with an estimated Federal cost of $195,000,000 and an 
     estimated non-Federal cost of $65,000,000.
       (23) Smith island, maryland.--The project for ecosystem 
     restoration, Smith Island, Maryland: Report of the Chief of 
     Engineers dated October 29, 2001, at a total cost of 
     $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 improvement project, hancock, 
     harrison, and jackson counties, mississippi.--The project for 
     hurricane and storm damage reduction and ecosystem 
     restoration, Mississippi coastal improvement project, 
     Hancock, Harrison, and Jackson Counties, 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) Argentine, east bottoms, fairfax-jersey creek, and 
     north kansas levees units, missouri river and tributaries at 
     kansas cities, missouri and kansas.--The project for flood 
     damage reduction, Argentine, East Bottoms, Fairfax-Jersey 
     Creek, and North Kansas Levees units, Missouri River and 
     tributaries at Kansas Cities, Missouri and Kansas: Report of 
     the Chief of Engineers dated December 19, 2006, at a total 
     cost of $65,430,000, with an estimated Federal cost of 
     $42,530,000 and an estimated non-Federal cost of $22,900,000.
       (27) Swope park industrial area, missouri.--The project for 
     flood damage reduction, Swope Park Industrial Area, Missouri: 
     Report of the Chief of Engineers dated December 30, 2003, at 
     a total cost of $16,980,000, 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.--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.
       (30) Manasquan to barnegat inlets, new jersey.--The project 
     for hurricane and storm damage reduction, Manasquan to 
     Barnegat Inlets, New Jersey: Report of the Chief of Engineers 
     dated December 30, 2003, at a total cost of $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, new jersey.--The project for hurricane 
     and storm damage reduction and ecosystem restoration, South 
     River, New Jersey: Report of the Chief of Engineers dated 
     July 22, 2003, at a total cost of $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, albuquerque, new mexico.--The 
     project for flood damage reduction, Southwest Valley, 
     Albuquerque, New

[[Page 12011]]

     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.
       (35) Hocking river basin, monday creek, ohio.--
       (A) In general.--The project for ecosystem restoration, 
     Hocking River Basin, Monday Creek, Ohio: Report of the Chief 
     of Engineers dated August 24, 2006, at a total cost of 
     $20,980,000, with an estimated Federal cost of $13,440,000 
     and an estimated non-Federal cost of $7,540,000.
       (B) Wayne national forest.--
       (i) In general.--The Secretary, in cooperation with the 
     Secretary of Agriculture, may construct other project 
     features on property that is located in the Wayne National 
     Forest, Ohio, owned by the United States and managed by the 
     Forest Service as described in the report of the Corps of 
     Engineers entitled ``Hocking River Basin, Ohio, Monday Creek 
     Sub-Basin Ecosystem Restoration Project Feasibility Report 
     and Environmental Assessment''.
       (ii) Cost.--Each project feature carried out on Federal 
     land shall be designed, constructed, operated, and maintained 
     at full Federal expense.
       (iii) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subparagraph $1,270,000.
       (36) Bloomsburg, pennsylvania.--The project for flood 
     damage reduction, Bloomsburg, Pennsylvania: Report of the 
     Chief of Engineers dated January 25, 2006, at a total cost of 
     $44,500,000, with an estimated Federal cost of $28,925,000 
     and an estimated non-Federal cost of $15,575,000
       (37) Pawleys island, south carolina.--The project for 
     hurricane and storm damage reduction, Pawleys Island, South 
     Carolina: Report of the Chief of Engineers dated December 19, 
     2006, at a total cost of $8,980,000, with an estimated 
     Federal cost of $5,840,000 and an estimated non-Federal cost 
     of $3,140,000, and at an estimated total cost of $21,200,000 
     for periodic nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $10,600,000 and an 
     estimated non-Federal cost of $10,600,000.
       (38) Corpus christi ship channel, corpus christi, texas.--
       (A) In general.--The project for navigation and ecosystem 
     restoration, Corpus Christi Ship Channel, Texas, Channel 
     Improvement Project: Report of the Chief of Engineers dated 
     June 2, 2003, at a total cost of $188,110,000, with an 
     estimated Federal cost of $87,810,000 and an estimated non-
     Federal cost of $100,300,000.
       (B) Navigational servitude.--In carrying out the project 
     under subparagraph (A), the Secretary shall enforce 
     navigational servitude in the Corpus Christi Ship Channel, 
     including, at the sole expense of the owner of the facility, 
     the removal or relocation of any facility obstructing the 
     project.
       (39) Gulf intracoastal waterway, brazos river to port 
     o'connor, matagorda bay re-route, texas.--The project for 
     navigation, Gulf Intracoastal Waterway, Brazos River to Port 
     O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief 
     of Engineers dated December 24, 2002, at a total cost of 
     $17,280,000. The costs of construction of the project are to 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund.
       (40) Gulf intracoastal waterway, high island to brazos 
     river, texas.--The project for navigation, Gulf Intracoastal 
     Waterway, Sabine River to Corpus Christi, Texas: Report of 
     the Chief of Engineers dated April 16, 2004, at a total cost 
     of $14,450,000. The costs of construction of the project are 
     to be paid \1/2\ from amounts appropriated from the general 
     fund of the Treasury and \1/2\ from amounts appropriated from 
     the Inland Waterways Trust Fund.
       (41) Lower colorado river basin phase i, texas.--The 
     project for flood damage reduction and ecosystem restoration, 
     Lower Colorado River Basin Phase I, Texas: Report of the 
     Chief of Engineers dated December 31, 2006, at a total cost 
     of $110,730,000, with an estimated Federal cost of 
     $69,640,000 and an estimated non-Federal cost of $41,090,000.
       (42) Craney island eastward expansion, virginia.--The 
     project for navigation, Craney Island Eastward Expansion, 
     Virginia: Report of the 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.
       (43) Deep creek, chesapeake, virginia.--The project for the 
     Atlantic Intracoastal Waterway Bridge Replacement, Deep 
     Creek, Chesapeake, Virginia: Report of the Chief of Engineers 
     dated March 3, 2003, at a total cost of $37,200,000.
       (44) Chehalis river, centralia, washington.--The project 
     for flood damage reduction, Centralia, Washington, authorized 
     by section 401(a) of the Water Resources Development Act of 
     1986 (Public Law 99-662; 100 Stat. 4126)--
       (A) is modified to be carried out at a total cost of 
     $123,770,000, with a Federal cost of $74,740,000, and a non-
     Federal cost of $49,030,000; and
       (B) shall be carried out by the Secretary substantially in 
     accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated September 27, 2004.

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

       (a) Definitions.--In this section:
       (1) Plan.--The term ``Plan'' means the project for 
     navigation and ecosystem improvements for the Upper 
     Mississippi River and Illinois Waterway System: Report of the 
     Chief of Engineers dated December 15, 2004.
       (2) Upper mississippi river and illinois waterway system.--
     The term ``Upper Mississippi River and Illinois Waterway 
     System'' means the projects for navigation and ecosystem 
     restoration authorized by Congress for--
       (A) the segment of the Mississippi River from the 
     confluence with the Ohio River, River Mile 0.0, to Upper St. 
     Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River 
     Mile 854.0; and
       (B) the Illinois Waterway from its confluence with the 
     Mississippi River at Grafton, Illinois, River Mile 0.0, to 
     T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.
       (b) Authorization of Construction of Navigation 
     Improvements.--
       (1) Small scale and nonstructural measures.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan--
       (i) construct mooring facilities at Locks 12, 14, 18, 20, 
     22, 24, and LaGrange Lock;
       (ii) provide switchboats at Locks 20 through 25; and
       (iii) conduct development and testing of an appointment 
     scheduling system.
       (B) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $256,000,000. The costs of construction of the projects shall 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund. Such sums shall remain available 
     until expended.
       (2) New locks.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan, construct new 1,200-foot locks at 
     Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River 
     and at LaGrange Lock and Peoria Lock on the Illinois 
     Waterway.
       (B) Mitigation.--The Secretary shall conduct mitigation for 
     the new locks and small scale and nonstructural measures 
     authorized under paragraphs (1) and (2).
       (C) Concurrence.--The mitigation required under 
     subparagraph (B) for the projects authorized under paragraphs 
     (1) and (2), including any acquisition of lands or interests 
     in lands, shall be undertaken or acquired concurrently with 
     lands and interests for the projects authorized under 
     paragraphs (1) and (2), and physical construction required 
     for the purposes of mitigation shall be undertaken 
     concurrently with the physical construction of such projects.
       (D) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $1,948,000,000. The costs of construction on the projects 
     shall be paid \1/2\ from amounts appropriated from the 
     general fund of the Treasury and \1/2\ from amounts 
     appropriated from the Inland Waterways Trust Fund. Such sums 
     shall remain available until expended.
       (c) Ecosystem Restoration Authorization.--
       (1) Operation.--To ensure the environmental sustainability 
     of the existing Upper Mississippi River and Illinois Waterway 
     System, the Secretary shall modify, consistent with 
     requirements to avoid adverse effects on navigation, the 
     operation of the Upper Mississippi River and Illinois 
     Waterway System to address the cumulative environmental 
     impacts of operation of the system and improve the ecological 
     integrity of the Upper Mississippi River and Illinois River.
       (2) Ecosystem restoration projects.--
       (A) In general.--The Secretary shall carry out, consistent 
     with requirements to avoid adverse effects on navigation, 
     ecosystem restoration projects to attain and maintain the 
     sustainability of the ecosystem of the Upper Mississippi 
     River and Illinois River in accordance with the general 
     framework outlined in the Plan.
       (B) Projects included.--Ecosystem restoration projects may 
     include, but are not limited to--
       (i) island building;
       (ii) construction of fish passages;
       (iii) floodplain restoration;
       (iv) water level management (including water drawdown);
       (v) backwater restoration;
       (vi) side channel restoration;
       (vii) wing dam and dike restoration and modification;
       (viii) island and shoreline protection;
       (ix) topographical diversity;
       (x) dam point control;
       (xi) use of dredged material for environmental purposes;

[[Page 12012]]

       (xii) tributary confluence restoration;
       (xiii) spillway, dam, and levee modification to benefit the 
     environment;
       (xiv) land easement authority; and
       (xv) land acquisition.
       (C) Cost sharing.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the Federal share of the cost of carrying out an 
     ecosystem restoration project under this paragraph shall be 
     65 percent.
       (ii) Exception for certain restoration projects.--In the 
     case of a project under this subparagraph for ecosystem 
     restoration, the Federal share of the cost of carrying out 
     the project shall be 100 percent if the project--

       (I) is located below the ordinary high water mark or in a 
     connected backwater;
       (II) modifies the operation or structures for navigation; 
     or
       (III) is located on federally owned land.

       (iii) Savings clause.--Nothing in this paragraph affects 
     the applicability of section 906(e) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2283).
       (iv) Nongovernmental organizations.--Notwithstanding 
     section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5(b)), for any project carried out under this section, 
     a non-Federal sponsor may include a nonprofit entity, with 
     the consent of the affected local government.
       (D) Land acquisition.--The Secretary may acquire land or an 
     interest in land for an ecosystem restoration project from a 
     willing owner through conveyance of--
       (i) fee title to the land; or
       (ii) a flood plain conservation easement.
       (3) Ecosystem restoration preconstruction engineering and 
     design.--
       (A) Restoration design.--Before initiating the construction 
     of any individual ecosystem restoration project, the 
     Secretary shall--
       (i) establish ecosystem restoration goals and identify 
     specific performance measures designed to demonstrate 
     ecosystem restoration;
       (ii) establish the without-project condition or baseline 
     for each performance indicator; and
       (iii) for each separable element of the ecosystem 
     restoration, identify specific target goals for each 
     performance indicator.
       (B) Outcomes.--Performance measures identified under 
     subparagraph (A)(i) should comprise specific measurable 
     environmental outcomes, such as changes in water quality, 
     hydrology, or the well-being of indicator species the 
     population and distribution of which are representative of 
     the abundance and diversity of ecosystem-dependent aquatic 
     and terrestrial species.
       (C) Restoration design.--Restoration design carried out as 
     part of ecosystem restoration shall include a monitoring plan 
     for the performance measures identified under subparagraph 
     (A)(i), including--
       (i) a timeline to achieve the identified target goals; and
       (ii) a timeline for the demonstration of project 
     completion.
       (4) Specific projects authorization.--
       (A) In general.--There is authorized to be appropriated to 
     carry out this subsection $1,717,000,000, of which not more 
     than $245,000,000 shall be available for projects described 
     in paragraph (2)(B)(ii) and not more than $48,000,000 shall 
     be available for projects described in paragraph (2)(B)(x). 
     Such sums shall remain available until expended.
       (B) Limitation on available funds.--Of the amounts made 
     available under subparagraph (A), not more than $35,000,000 
     for each fiscal year shall be available for land acquisition 
     under paragraph (2)(D).
       (C) Individual project limit.--Other than for projects 
     described in clauses (ii) and (x) of paragraph (2)(B), the 
     total cost of any single project carried out under this 
     subsection shall not exceed $25,000,000.
       (5) Implementation reports.--
       (A) In general.--Not later than June 30, 2008, and every 5 
     years thereafter, the Secretary shall submit to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives an implementation report that--
       (i) includes baselines, milestones, goals, and priorities 
     for ecosystem restoration projects; and
       (ii) measures the progress in meeting the goals.
       (B) Advisory panel.--
       (i) In general.--The Secretary shall appoint and convene an 
     advisory panel to provide independent guidance in the 
     development of each implementation report under subparagraph 
     (A).
       (ii) Panel members.--Panel members shall include--

       (I) 1 representative of each of the State resource agencies 
     (or a designee of the Governor of the State) from each of the 
     States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin;
       (II) 1 representative of the Department of Agriculture;
       (III) 1 representative of the Department of Transportation;
       (IV) 1 representative of the United States Geological 
     Survey;
       (V) 1 representative of the United States Fish and Wildlife 
     Service;
       (VI) 1 representative of the Environmental Protection 
     Agency;
       (VII) 1 representative of affected landowners;
       (VIII) 2 representatives of conservation and environmental 
     advocacy groups; and
       (IX) 2 representatives of agriculture and industry advocacy 
     groups.

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

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

       (a) In General.--The Secretary may carry out a program for 
     ecosystem restoration, Louisiana Coastal Area, Louisiana, 
     substantially in accordance with the report of the Chief of 
     Engineers, dated January 31, 2005.
       (b) Priorities.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary shall give priority to--
       (A) any portion of the program identified in the report 
     described in subsection (a) as a critical restoration 
     feature;
       (B) any Mississippi River diversion project that--
       (i) protects a major population area of the Pontchartrain, 
     Pearl, Breton Sound, Barataria, or Terrebonne Basin; and
       (ii) produces an environmental benefit to the coastal area 
     of the State of Louisiana; and
       (C) any barrier island, or barrier shoreline, project 
     that--
       (i) is carried out in conjunction with a Mississippi River 
     diversion project; and
       (ii) protects a major population area.
       (c) Modifications.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to make 
     modifications as necessary to the 5 near-term critical 
     ecosystem restoration features identified in the report 
     referred to in subsection (a), due to the impact of 
     Hurricanes Katrina and Rita on the project areas.
       (2) Integration.--The Secretary shall ensure that the 
     modifications under paragraph (1) are fully integrated with 
     the analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (3) Construction.--
       (A) In general.--The Secretary is authorized to construct 
     the 5 near-term critical ecosystem restoration features, as 
     modified under this subsection.
       (B) Reports.--Before beginning construction of the 
     projects, the Secretary shall submit a report documenting any 
     modifications to the 5 near-term critical projects, including 
     cost changes, to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (4) Applicability of other provisions.--Section 902 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2280) 
     shall not apply to the 5 near-term critical projects 
     authorized by this subsection.
       (d) Demonstration Program.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to conduct a 
     demonstration program within the applicable project area to 
     evaluate new technologies and the applicability of the 
     technologies to the program.
       (2) Cost limitation.--The cost of an individual project 
     under this subsection shall be not more than $25,000,000.
       (e) Beneficial Use of Dredged Material.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to use such sums 
     as are necessary to conduct a program for the beneficial use 
     of dredged material.
       (2) Consideration.--In carrying out the program under 
     subsection (a), the Secretary shall consider the beneficial 
     use of sediment from the Illinois River System for wetlands 
     restoration in wetlands-depleted watersheds.
       (f) Reports.--
       (1) In general.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress feasibility reports--
       (A) on the features included in table 3 of the report 
     referred to in subsection (a); and

[[Page 12013]]

       (B) that are consistent with the estimates in the table.
       (2) Projects identified in reports.--
       (A) Construction.--The Secretary is authorized to construct 
     the projects identified in the reports substantially in 
     accordance with the plans, and subject to the conditions, 
     recommended in a final report of the Chief of Engineers, if a 
     favorable report of the Chief is completed by not later than 
     December 31, 2010.
       (B) Requirement.--No appropriations shall be made to 
     construct any project under this subsection if the report 
     under paragraph (1) has not been approved by resolutions 
     adopted by the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (g) Nongovernmental Organizations.--
       (1) In general.--A nongovernmental organization shall be 
     eligible to contribute all or a portion of the non-Federal 
     share of the cost of a project under this section.
       (2) Use of funds from other programs.--The non-Federal 
     interest for a study or project conducted under this section 
     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 study or 
     project, if the head of the Federal agency certifies that the 
     funds may be used for that purpose.
       (h) Comprehensive Plan.--
       (1) In general.--The Secretary, in coordination with the 
     Governor of the State of Louisiana, shall--
       (A) develop a plan for protecting, preserving, and 
     restoring the coastal Louisiana ecosystem;
       (B) not later than 1 year after the date of enactment of 
     this Act, and every 5 years thereafter, submit to Congress 
     the plan, or an update of the plan; and
       (C) ensure that the plan is fully integrated with the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (2) Inclusions.--The comprehensive plan shall include a 
     description of--
       (A) the framework of a long-term program that provides for 
     the comprehensive protection, conservation, and restoration 
     of the wetlands, estuaries (including the Barataria-
     Terrebonne estuary), barrier islands, shorelines, and related 
     land and features of the coastal Louisiana ecosystem, 
     including protection of a critical resource, habitat, or 
     infrastructure from the effects of a coastal storm, a 
     hurricane, erosion, or subsidence;
       (B) the means by which a new technology, or an improved 
     technique, can be integrated into the program under 
     subsection (a);
       (C) the role of other Federal agencies and programs in 
     carrying out the program under subsection (a); and
       (D) specific, measurable ecological success criteria by 
     which success of the comprehensive plan shall be measured.
       (3) Consideration.--In developing the comprehensive plan, 
     the Secretary shall consider the advisability of integrating 
     into the program under subsection (a)--
       (A) a related Federal or State project carried out on the 
     date on which the plan is developed;
       (B) an activity in the Louisiana Coastal Area; or
       (C) any other project or activity identified in--
       (i) the Mississippi River and Tributaries program;
       (ii) the Louisiana Coastal Wetlands Conservation Plan;
       (iii) the Louisiana Coastal Zone Management Plan;
       (iv) the plan of the State of Louisiana entitled ``Coast 
     2050: Toward a Sustainable Coastal Louisiana''; or
       (v) the Comprehensive Master Coastal Protection Plan 
     authorized and defined by Act 8 of the First Extraordinary 
     Session of the Louisiana State Legislature, 2005.
       (i) Task Force.--
       (1) Establishment.--There is established a task force to be 
     known as the ``Coastal Louisiana Ecosystem Protection and 
     Restoration Task Force'' (referred to in this subsection as 
     the ``Task Force'').
       (2) Membership.--The Task Force shall consist of the 
     following members (or, in the case of the head of a Federal 
     agency, a designee at the level of Assistant Secretary or an 
     equivalent level):
       (A) The Secretary.
       (B) The Secretary of the Interior.
       (C) The Secretary of Commerce.
       (D) The Administrator of the Environmental Protection 
     Agency.
       (E) The Secretary of Agriculture.
       (F) The Secretary of Transportation.
       (G) The Secretary of Energy.
       (H) The Secretary of Homeland Security.
       (I) 3 representatives of the State of Louisiana appointed 
     by the Governor of that State.
       (3) Duties.--The Task Force shall make recommendations to 
     the Secretary regarding--
       (A) policies, strategies, plans, programs, projects, and 
     activities for addressing conservation, protection, 
     restoration, and maintenance of the coastal Louisiana 
     ecosystem;
       (B) financial participation by each agency represented on 
     the Task Force in conserving, protecting, restoring, and 
     maintaining the coastal Louisiana ecosystem, including 
     recommendations--
       (i) that identify funds from current agency missions and 
     budgets; and
       (ii) for coordinating individual agency budget requests; 
     and
       (C) the comprehensive plan under subsection (h).
       (4) Working groups.--The Task Force may establish such 
     working groups as the Task Force determines to be necessary 
     to assist the Task Force in carrying out this subsection.
       (5) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Task 
     Force or any working group of the Task Force.
       (j) Science and Technology.--
       (1) In general.--The Secretary shall establish a coastal 
     Louisiana ecosystem science and technology program.
       (2) Purposes.--The purposes of the program established by 
     paragraph (1) shall be--
       (A) to identify any uncertainty relating to the physical, 
     chemical, geological, biological, and cultural baseline 
     conditions in coastal Louisiana;
       (B) to improve knowledge of the physical, chemical, 
     geological, biological, and cultural baseline conditions in 
     coastal Louisiana; and
       (C) to identify and develop technologies, models, and 
     methods to carry out this subsection.
       (3) Working groups.--The Secretary may establish such 
     working groups as the Secretary determines to be necessary to 
     assist the Secretary in carrying out this subsection.
       (4) Contracts and cooperative agreements.--In carrying out 
     this subsection, the Secretary may enter into a contract or 
     cooperative agreement with an individual or entity (including 
     a consortium of academic institutions in Louisiana) with 
     scientific or engineering expertise in the restoration of 
     aquatic and marine ecosystems for coastal restoration and 
     enhancement through science and technology.
       (k) Analysis of Benefits.--
       (1) In general.--Notwithstanding section 209 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962-2) or any other provision 
     of law, in carrying out an activity to conserve, protect, 
     restore, or maintain the coastal Louisiana ecosystem, the 
     Secretary may determine that the environmental benefits 
     provided by the program under this section outweigh the 
     disadvantage of an activity under this section.
       (2) Determination of cost-effectiveness.--If the Secretary 
     determines that an activity under this section is cost-
     effective, no further economic justification for the activity 
     shall be required.
       (l) Studies.--
       (1) Degradation.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the non-Federal interest, shall enter into a contract with 
     the National Academy of Sciences under which the National 
     Academy of Sciences shall carry out a study to identify--
       (A) the cause of any degradation of the Louisiana Coastal 
     Area ecosystem that occurred as a result of an activity 
     approved by the Secretary; and
       (B) the sources of the degradation.
       (2) Financing.--On completion, and taking into account the 
     results, of the study conducted under paragraph (1), the 
     Secretary, in consultation with the non-Federal interest, 
     shall study--
       (A) financing alternatives for the program under subsection 
     (a); and
       (B) potential reductions in the expenditure of Federal 
     funds in emergency responses that would occur as a result of 
     ecosystem restoration in the Louisiana Coastal Area.
       (m) Project Modifications.--
       (1) Review.--The Secretary, in cooperation with any non-
     Federal interest, shall review each federally-authorized 
     water resources project in the coastal Louisiana area in 
     existence on the date of enactment of this Act to determine 
     whether--
       (A) each project is in accordance with the program under 
     subsection (a); and
       (B) the project could contribute to ecosystem restoration 
     under subsection (a) through modification of the operations 
     or features of the project.
       (2) Modifications.--Subject to paragraphs (3) and (4), the 
     Secretary may carry out the modifications described in 
     paragraph (1)(B).
       (3) Public notice and comment.--Before completing the 
     report required under paragraph (4), the Secretary shall 
     provide an opportunity for public notice and comment.
       (4) Report.--
       (A) In general.--Before modifying an operation or feature 
     of a project under paragraph (1)(B), the Secretary shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing the modification.
       (B) Inclusion.--A report under subparagraph (A) shall 
     include such information relating to the timeline and cost of 
     a modification as the Secretary determines to be relevant.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000.

[[Page 12014]]

       (n) Louisiana Water Resources Council.--The Secretary shall 
     establish a council, to be known as the ``Louisiana Water 
     Resources Council'', which shall serve as the exclusive peer 
     review panel for activities conducted by the Corps of 
     Engineers in the areas in the State of Louisiana declared as 
     major disaster areas in accordance with section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) in response to Hurricane Katrina or Rita 
     of 2005, in accordance with the requirements of section 2007.
       (o) External Review.--The Secretary shall enter into a 
     contract with the National Academy of Science to perform an 
     external review of the demonstration program under subsection 
     (d), and the results of the review shall be submitted to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (p) New Orleans and Vicinity.--
       (1) In general.--The Secretary is authorized--
       (A) to raise levee heights as necessary, and to 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 base flood elevations current at the time of the 
     construction;
       (B) to modify the 17th Street, Orleans Avenue, and London 
     Avenue drainage canals, including installing pumps and 
     closure structures at or near the lakefront at Lake 
     Pontchartrain;
       (C) to armor critical elements of the New Orleans hurricane 
     and storm damage reduction system;
       (D) to improve and otherwise modify the Inner Harbor 
     Navigation Canal to increase the reliability of the flood 
     protection system for the city of New Orleans;
       (E) to replace or modify certain non-Federal levees in 
     Plaquemines Parish to incorporate the levees into the New 
     Orleans to Venice Hurricane Protection Project;
       (F) to 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 
     protection systems;
       (G) to perform onetime storm-proofing of interior pump 
     stations to ensure the operability of the stations during 
     hurricanes, storms, and high-water events;
       (H) to repair, replace, modify, and improve non-Federal 
     levees and associated protection measures in Terrebonne 
     Parish; and
       (I) to reduce the risk of storm damage to the greater New 
     Orleans metropolitan area by restoring the surrounding 
     wetlands through--
       (i) measures to begin to reverse wetland losses in areas 
     affected by navigation, oil and gas exploration and 
     extraction, and other channels; and
       (ii) modification of the Caernarvon Freshwater Diversion 
     structure or its operations.
       (2) Funding authority.--An activity under paragraph (1) 
     shall be carried out in accordance with the cost-sharing 
     requirements of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234; 120 Stat. 418).
       (3) Conditions.--
       (A) In general.--The Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a notice in any case in which an 
     estimate for the expenditure of funds on any project or 
     activity described in paragraph (1) 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; 
     120 Stat. 418).
       (B) Appropriations limitation.--No appropriation in excess 
     of an amount equal to 25 percent more than the amount 
     specified for a project or activity in that Act shall be made 
     until an increase in the level of expenditure has been 
     approved by resolutions adopted by the Committees referred to 
     in subparagraph (A).
       (q) Larose to Golden Meadow.--
       (1) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing any modification 
     required to the project for flood damage reduction, Larose to 
     Golden Meadow, Louisiana, to achieve the certification 
     necessary for participation in the National Flood Insurance 
     Program.
       (2) Modifications.--The Secretary is authorized to carry 
     out a modification described in paragraph (1) if--
       (A) the Secretary submits a recommendation for 
     authorization of the modification in the report under 
     paragraph (1); and
       (B) the total cost of the modification does not exceed 
     $90,000,000.
       (3) Requirement.--No appropriation shall be made to 
     construct any modification under this subsection if the 
     report under paragraph (1) has not been approved by 
     resolutions adopted by the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (r) Consolidation.--
       (1) In general.--The Secretary may consolidate the flood 
     damage reduction projects in Lower Jefferson Parish, 
     Louisiana, that have been identified for implementation under 
     section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 
     as of the date of enactment of this Act.
       (2) Total cost.--The Secretary may implement the 
     consolidated project referred to in paragraph (1) if the 
     total cost of the consolidated project does not exceed 
     $100,000,000.
       (s) Mississippi River Gulf Outlet.--
       (1) Deauthorization.--
       (A) In general.--The navigation channel portion of the 
     project for navigation, Mississippi River Gulf outlet, 
     authorized by the Act of March 29, 1956 (70 Stat. 65, chapter 
     112; 100 Stat. 4177; 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.
       (B) Scope.--Subparagraph (A) does not modify or deauthorize 
     the Inner Harbor Navigation Canal Replacement Project 
     authorized by the Act referred to in that subparagraph.
       (2) Plan for closure and restoration.--
       (A) In general.--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, subject to the conditions and 
     recommendations in a final report of the Chief of Engineers, 
     if a favorable report of the Chief is completed by not later 
     than 180 days after the date of enactment of this Act.
       (B) Incorporation of recommendations.--The plan shall 
     incorporate the recommendations of the Interim Mississippi 
     River Gulf Outlet Deep-Draft De-Authorization Report 
     submitted to Congress in December 2006.
       (3) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the project described in 
     paragraph (2).
       (4) 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 this subsection, which shall be carried out at 
     Federal expense.
       (t) Hurricane and Storm Damage Reduction.--With respect to 
     the projects identified in the analysis and design of 
     comprehensive hurricane protection authorized by title I of 
     the Energy and Water Development Appropriations Act, 2006 
     (Public Law 109-103; 119 Stat. 2247), the Secretary shall--
       (1) to the maximum extent practicable, submit specific 
     project recommendations in any report developed under that 
     Act; and
       (2) submit the reports to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

       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) Cache river basin, grubbs, arkansas.--Project for flood 
     damage reduction, Cache River Basin, Grubbs, Arkansas.
       (2) Bibb county and the city of macon levee, georgia.--
     Project for flood damage reduction, Bibb County and the City 
     of Macon Levee, Georgia.
       (3) Fort wayne and vicinity, indiana.--Project for flood 
     control, St. Mary's River, Fort Wayne and Vicinity, Indiana.
       (4) Salem, massachusetts.--Project for flood damage 
     reduction, Salem, Massachusetts.
       (5) Crow river, rockford, minnesota.--Project for flood 
     damage reduction, Crow River, Rockford, Minnesota.
       (6) South branch of the wild rice river, borup, 
     minnesota.--Project for flood damage reduction, South Branch 
     of the Wild Rice River, Borup, Minnesota.
       (7) Cheyenne, wyoming.--Project for flood control, Capitol 
     Basin, Cheyenne, Wyoming.

     SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

       The Secretary shall conduct a study for each of the 
     following projects and, if the Secretary determines that a 
     project is feasible, may carry out the project under section 
     107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
       (1) Barrow harbor, alaska.--Project for navigation, Barrow 
     Harbor, Alaska.
       (2) Nome harbor, alaska.--Project for navigation, Nome 
     Harbor, Alaska.
       (3) Old harbor, alaska.--Project for navigation, Old 
     Harbor, Alaska.
       (4) Little rock port, arkansas.--Project for navigation, 
     Little Rock Port, Arkansas River, Arkansas.
       (5) East basin, massachusetts.--Project for navigation, 
     East Basin, Cape Cod Canal, Sandwich, Massachusetts.

[[Page 12015]]

       (6) Lynn harbor, massachusetts.--Project for navigation, 
     Lynn Harbor, Lynn, Massachusetts.
       (7) Merrimack river, massachusetts.--Project for 
     navigation, Merrimack River, Haverhill, Massachusetts.
       (8) Oak bluffs harbor, massachusetts.--Project for 
     navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
       (9) Woods hole great harbor, massachusetts.--Project for 
     navigation, Woods Hole Great Harbor, Falmouth, Massachusetts.
       (10) Au sable river, michigan.--Project for navigation, Au 
     Sable River in the vicinity of Oscoda, Michigan.
       (11) Clinton river, michigan.--Project for navigation, 
     Clinton River, Michigan.
       (12) Ontonagon river, michigan.--Project for navigation, 
     Ontonagon River, Ontonagon, Michigan.
       (13) Traverse city, michigan.--Project for navigation, 
     Traverse City, Michigan.
       (14) Sebewaing river, michigan.--Project for navigation, 
     Sebewaing River, Michigan.
       (15) Tower harbor, minnesota.--Project for navigation, 
     Tower Harbor, Tower, Minnesota.
       (16) Outer channel and inner harbor, menominee harbor, 
     michigan and wisconsin.--Project for navigation, Outer 
     Channel and Inner Harbor, Menominee Harbor, Michigan and 
     Wisconsin.
       (17) Middle bass island state park, middle bass island, 
     ohio.--Project for navigation, Middle Bass Island State Park, 
     Middle Bass Island, Ohio.
       (18) Milwaukee harbor, wisconsin.--Project for navigation, 
     Milwaukee Harbor, Milwaukee, Wisconsin.

     SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

       The Secretary shall conduct a study for each of the 
     following projects and, if the Secretary determines that a 
     project is appropriate, may carry out the project under 
     section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330):
       (1) Black lake, alaska.--Project for aquatic ecosystem 
     restoration, Black Lake, Alaska, at the head of the Chignik 
     Watershed.
       (2) San diego river, california.--Project for aquatic 
     ecosystem restoration, San Diego River, California, including 
     efforts to address invasive aquatic plant species.
       (3) Suison marsh, san pablo bay, california.--Project for 
     aquatic ecosystem restoration, San Pablo Bay, California.
       (4) Chattahoochee fall-line, georgia.--Project for aquatic 
     ecosystem restoration, Chattahoochee Fall-Line, Georgia.
       (5) Mill pond, littleton, massachusetts.--Project for 
     aquatic ecosystem restoration, Mill Pond, Littleton, 
     Massachusetts.
       (6) Milford pond, milford, massachusetts.--Project for 
     aquatic ecosystem restoration, Milford Pond, Milford, 
     Massachusetts.
       (7) Pine tree brook, milton, massachusetts.--Project for 
     aquatic ecosystem restoration, Pine Tree Brook, Milton, 
     Massachusetts.
       (8) Clinton river, michigan.--Project for aquatic ecosystem 
     restoration, Clinton River, Michigan.
       (9) Caldwell county, north carolina.--Project for aquatic 
     ecosystem restoration, Caldwell County, North Carolina.
       (10) Mecklenberg county, north carolina.--Project for 
     aquatic ecosystem restoration, Mecklenberg County, North 
     Carolina.
       (11) Johnson creek, gresham, oregon.--Project for aquatic 
     ecosystem restoration, Johnson Creek, Gresham, Oregon.
       (12) Blackstone river, rhode island.--Project for aquatic 
     ecosystem restoration, Blackstone River, Rhode Island.
       (13) College lake, lynchburg, virginia.--Project for 
     aquatic ecosystem restoration, College Lake, Lynchburg, 
     Virginia.

     SEC. 1007. SMALL PROJECTS TO PREVENT OR MITIGATE DAMAGE 
                   CAUSED BY NAVIGATION PROJECTS.

       The Secretary shall conduct a study for each of the 
     following projects and, if the Secretary determines that a 
     project is feasible, may carry out the project under section 
     111 of the River and Harbor Act of 1968 (33 U.S.C. 426i):
       (1) Tybee Island, Georgia.
       (2) Burns Waterway Harbor, Indiana.

     SEC. 1008. SMALL PROJECTS FOR AQUATIC PLANT CONTROL.

       The Secretary is authorized to carry out a project for 
     aquatic nuisance plant control in the Republican River Basin, 
     Nebraska, under section 104 of the River and Harbor Act of 
     1958 (33 U.S.C. 610).

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

     SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

       Section 221 of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b) is amended--
       (1) by striking ``sec. 221'' and inserting the following:

     ``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
                   PROJECTS.'';

       and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Cooperation of Non-Federal Interest.--
       ``(1) In general.--After December 31, 1970, the 
     construction of any water resources project, or an acceptable 
     separable element thereof, by the Secretary of the Army, 
     acting through the Chief of Engineers, or by a non-Federal 
     interest where such interest will be reimbursed for such 
     construction under any provision of law, shall not be 
     commenced until each non-Federal interest has entered into a 
     written partnership agreement with the district engineer for 
     the district in which the project will be carried out under 
     which each party agrees to carry out its responsibilities and 
     requirements for implementation or construction of the 
     project or the appropriate element of the project, as the 
     case may be; except that no such agreement shall be required 
     if the Secretary determines that the administrative costs 
     associated with negotiating, executing, or administering the 
     agreement would exceed the amount of the contribution 
     required from the non-Federal interest and are less than 
     $25,000.
       ``(2) Liquidated damages.--An agreement described in 
     paragraph (1) may include a provision for liquidated damages 
     in the event of a failure of 1 or more parties to perform.
       ``(3) Obligation of future appropriations.--In any such 
     agreement entered into by a State, or a body politic of the 
     State which derives its powers from the State constitution, 
     or a governmental entity created by the State legislature, 
     the agreement may reflect that it does not obligate future 
     appropriations for such performance and payment when 
     obligating future appropriations would be inconsistent with 
     constitutional or statutory limitations of the State or a 
     political subdivision of the State.
       ``(4) Credit for in-kind contributions.--
       ``(A) In general.--An agreement under paragraph (1) shall 
     provide that the Secretary shall credit toward the non-
     Federal share of the cost of the project, including a project 
     implemented under general continuing authority, the value of 
     in-kind contributions made by the non-Federal interest, 
     including--
       ``(i) the costs of planning (including data collection), 
     design, management, mitigation, construction, and 
     construction services that are provided by the non-Federal 
     interest for implementation of the project;
       ``(ii) the value of materials or services provided before 
     execution of an agreement for the project, including efforts 
     on constructed elements incorporated into the project; and
       ``(iii) materials and services provided after an agreement 
     is executed.
       ``(B) Condition.--The Secretary shall credit an in-kind 
     contribution under subparagraph (A) if the Secretary 
     determines that the property or service provided as an in-
     kind contribution is integral to the project.
       ``(C) Limitations.--Credit authorized for a project--
       ``(i) shall not exceed the non-Federal share of the cost of 
     the project;
       ``(ii) shall not alter any other requirement that a non-
     Federal interest provide land, an easement or right-of-way, 
     or an area for disposal of dredged material for the project; 
     and
       ``(iii) shall not exceed the actual and reasonable costs of 
     the materials, services, or other things provided by the non-
     Federal interest, as determined by the Secretary.''.

     SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

       Section 234 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2323a) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may engage in activities 
     (including contracting) in support of other Federal agencies, 
     international organizations, or foreign governments to 
     address problems of national significance to the United 
     States.'';
       (2) in subsection (b), by striking ``Secretary of State'' 
     and inserting ``Department of State''; and
       (3) in subsection (d)--
       (A) by striking ``$250,000 for fiscal year 2001'' and 
     inserting ``$1,000,000 for fiscal year 2007 and each fiscal 
     year thereafter''; and
       (B) by striking ``or international organizations'' and 
     inserting ``, international organizations, or foreign 
     governments''.

     SEC. 2003. TRAINING FUNDS.

       (a) In General.--The Secretary may include individuals from 
     the non-Federal interest, including the private sector, in 
     training classes and courses offered by the Corps of 
     Engineers in any case in which the Secretary determines that 
     it is in the best interest of the Federal Government to 
     include those individuals as participants.
       (b) Expenses.--
       (1) In general.--An individual from a non-Federal interest 
     attending a training class or course described in subsection 
     (a) shall pay the full cost of the training provided to the 
     individual.
       (2) Payments.--Payments made by an individual for training 
     received under subsection (a), up to the actual cost of the 
     training--
       (A) may be retained by the Secretary;
       (B) shall be credited to an appropriation or account used 
     for paying training costs; and
       (C) shall be available for use by the Secretary, without 
     further appropriation, for training purposes.
       (3) Excess amounts.--Any payments received under paragraph 
     (2) that are in excess

[[Page 12016]]

     of the actual cost of training provided shall be credited as 
     miscellaneous receipts to the Treasury of the United States.

     SEC. 2004. FISCAL TRANSPARENCY REPORT.

       (a) In General.--On the third Tuesday of January of each 
     year beginning January 2008, the Chief of Engineers shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the expenditures for the preceding fiscal year and estimated 
     expenditures for the current fiscal year.
       (b) Contents.--In addition to the information described in 
     subsection (a), the report shall contain a detailed 
     accounting of the following information:
       (1) With respect to general construction, information on--
       (A) projects currently under construction, including--
       (i) allocations to date;
       (ii) the number of years remaining to complete 
     construction;
       (iii) the estimated annual Federal cost to maintain that 
     construction schedule; and
       (iv) a list of projects the Corps of Engineers expects to 
     complete during the current fiscal year; and
       (B) projects for which there is a signed cost-sharing 
     agreement and completed planning, engineering, and design, 
     including--
       (i) the number of years the project is expected to require 
     for completion; and
       (ii) estimated annual Federal cost to maintain that 
     construction schedule.
       (2) With respect to operation and maintenance of the inland 
     and intracoastal waterways under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (A) the number of active studies;
       (B) the number of completed studies not yet authorized for 
     construction;
       (C) the number of initiated studies; and
       (D) the number of studies expected to be completed during 
     the fiscal year.
       (4) Funding received and estimates of funds to be received 
     for interagency and international support activities under 
     section 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (9) With respect to permit applications and notifications, 
     a list of individual permit applications and nationwide 
     permit notifications, including--
       (A) the date on which each permit application is filed;
       (B) the date on which each permit application is determined 
     to be complete; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized projects for which no funds have been allocated 
     for the 5 preceding fiscal years, including, for each 
     project--
       (A) the authorization date;
       (B) the last allocation date;
       (C) the percentage of construction completed;
       (D) the estimated cost remaining until completion of the 
     project; and
       (E) a brief explanation of the reasons for the delay.

     SEC. 2005. PLANNING.

       (a) Matters to Be Addressed in Planning.--Section 904 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2281) 
     is amended--
       (1) by striking ``Enhancing'' and inserting the following:
       ``(a) In General.--Enhancing''; and
       (2) by adding at the end the following:
       ``(b) Assessments.--For all feasibility reports completed 
     after December 31, 2005, the Secretary shall assess whether--
       ``(1) the water resource project and each separable element 
     is cost-effective; and
       ``(2) the water resource project complies with Federal, 
     State, and local laws (including regulations) and public 
     policies.''.
       (b) Planning Process Improvements.--The Chief of 
     Engineers--
       (1) shall, not later than 2 years after the date on which 
     the feasibility study cost sharing agreement is signed for a 
     project, subject to the availability of appropriations--
       (A) complete the feasibility study for the project; and
       (B) sign the report of the Chief of Engineers for the 
     project;
       (2) may, with the approval of the Secretary, extend the 
     deadline established under paragraph (1) for not to exceed 4 
     years, for a complex or controversial study; and
       (3)(A) shall adopt a risk analysis approach to project cost 
     estimates; and
       (B) not later than 1 year after the date of enactment of 
     this Act, shall--
       (i) issue procedures for risk analysis for cost estimation; 
     and
       (ii) submit to Congress a report that includes suggested 
     amendments to section 902 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2280).
       (c) Calculation of Benefits and Costs for Flood Damage 
     Reduction Projects.--A feasibility study for a project for 
     flood damage reduction shall include, as part of the 
     calculation of benefits and costs--
       (1) a calculation of the residual risk of flooding 
     following completion of the proposed project;
       (2) a calculation of the residual risk of loss of human 
     life and residual risk to human safety following completion 
     of the proposed project; and
       (3) a calculation of any upstream or downstream impacts of 
     the proposed project.
       (d) Centers of Specialized Planning Expertise.--
       (1) Establishment.--The Secretary may establish centers of 
     expertise to provide specialized planning expertise for water 
     resource projects to be carried out by the Secretary in order 
     to enhance and supplement the capabilities of the districts 
     of the Corps of Engineers.
       (2) Duties.--A center of expertise established under this 
     subsection shall--
       (A) provide technical and managerial assistance to district 
     commanders of the Corps of Engineers for project planning, 
     development, and implementation;
       (B) provide peer reviews of new major scientific, 
     engineering, or economic methods, models, or analyses that 
     will be used to support decisions of the Secretary with 
     respect to feasibility studies;
       (C) provide support for external peer review panels 
     convened by the Secretary; and
       (D) carry out such other duties as are prescribed by the 
     Secretary.
       (e) Completion of Corps of Engineers Reports.--
       (1) Alternatives.--
       (A) In general.--Feasibility and other studies and 
     assessments of water resource problems and projects shall 
     include recommendations for alternatives--
       (i) that, as determined by the non-Federal interests for 
     the projects, promote integrated water resources management; 
     and
       (ii) for which the non-Federal interests are willing to 
     provide the non-Federal share for the studies or assessments.
       (B) Scope and purposes.--The scope and purposes of studies 
     and assessments described in subparagraph (A) shall not be 
     constrained by budgetary or other policy as a result of the 
     inclusion of alternatives described in that subparagraph.
       (C) Reports of chief of engineers.--The reports of the 
     Chief of Engineers shall be based solely on the best 
     technical solutions to water resource needs and problems.
       (2) Report completion.--The completion of a report of the 
     Chief of Engineers for a project--
       (A) shall not be delayed while consideration is being given 
     to potential changes in policy or priority for project 
     consideration; and
       (B) shall be submitted, on completion, to--
       (i) the Committee on Environment and Public Works of the 
     Senate; and
       (ii) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (f) Completion Review.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 90 days after the date of completion of a report 
     of the Chief of Engineers that recommends to Congress a water 
     resource project, the Secretary shall--
       (A) review the report; and
       (B) provide any recommendations of the Secretary regarding 
     the water resource project to Congress.
       (2) Prior reports.--Not later than 90 days after the date 
     of enactment of this Act, with respect to any report of the 
     Chief of Engineers recommending a water resource project that 
     is complete prior to the date of enactment of this Act, the 
     Secretary shall complete review of, and provide 
     recommendations to Congress for, the report in accordance 
     with paragraph (1).

     SEC. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.

       (a) Establishment.--The President shall establish a Water 
     Resources Planning Coordinating Committee (referred to in 
     this subsection as the ``Coordinating Committee'').
       (b) Membership.--
       (1) In general.--The Coordinating Committee shall be 
     composed of the following members (or a designee of the 
     member):
       (A) The Secretary of the Interior.
       (B) The Secretary of Agriculture.
       (C) The Secretary of Health and Human Services.
       (D) The Secretary of Housing and Urban Development.
       (E) The Secretary of Transportation.
       (F) The Secretary of Energy.
       (G) The Secretary of Homeland Security.
       (H) The Secretary of Commerce.
       (I) The Administrator of the Environmental Protection 
     Agency.
       (J) The Chairperson of the Council on Environmental 
     Quality.
       (2) Chairperson and executive director.--The President 
     shall appoint--
       (A) 1 member of the Coordinating Committee to serve as 
     Chairperson of the Coordinating Committee for a term of 2 
     years; and

[[Page 12017]]

       (B) an Executive Director to supervise the activities of 
     the Coordinating Committee.
       (3) Function.--The function of the Coordinating Committee 
     shall be to carry out the duties and responsibilities set 
     forth under this section.
       (c) National Water Resources Planning and Modernization 
     Policy.--It is the policy of the United States that all water 
     resources projects carried out by the Corps of Engineers 
     shall--
       (1) reflect national priorities;
       (2) seek to avoid the unwise use of floodplains;
       (3) minimize vulnerabilities in any case in which a 
     floodplain must be used;
       (4) protect and restore the functions of natural systems; 
     and
       (5) mitigate any unavoidable damage to natural systems.
       (d) Water Resource Priorities Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Coordinating Committee, in 
     collaboration with the Secretary, shall submit to the 
     President and Congress a report describing the vulnerability 
     of the United States to damage from flooding and related 
     storm damage, including--
       (A) the risk to human life;
       (B) the risk to property; and
       (C) the comparative risks faced by different regions of the 
     United States.
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the extent to which programs in the 
     United States relating to flooding address flood risk 
     reduction priorities;
       (B) the extent to which those programs may be 
     unintentionally encouraging development and economic activity 
     in floodprone areas;
       (C) recommendations for improving those programs with 
     respect to reducing and responding to flood risks; and
       (D) proposals for implementing the recommendations.
       (e) Modernizing Water Resources Planning Guidelines.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary and the Coordinating Committee shall, in 
     collaboration with each other, review and propose updates and 
     revisions to modernize the planning principles and 
     guidelines, regulations, and circulars by which the Corps of 
     Engineers analyzes and evaluates water projects. In carrying 
     out the review, the Coordinating Committee and the Secretary 
     shall consult with the National Academy of Sciences for 
     recommendations regarding updating planning documents.
       (2) Proposed revisions.--In conducting a review under 
     paragraph (1), the Coordinating Committee and the Secretary 
     shall consider revisions to improve water resources project 
     planning through, among other things--
       (A) requiring the use of modern economic principles and 
     analytical techniques, credible schedules for project 
     construction, and current discount rates as used by other 
     Federal agencies;
       (B) eliminating biases and disincentives to providing 
     projects to low-income communities, including fully 
     accounting for the prevention of loss of life under section 
     904 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2281);
       (C) eliminating biases and disincentives that discourage 
     the use of nonstructural approaches to water resources 
     development and management, and fully accounting for the 
     flood protection and other values of healthy natural systems;
       (D) promoting environmental restoration projects that 
     reestablish natural processes;
       (E) assessing and evaluating the impacts of a project in 
     the context of other projects within a region or watershed;
       (F) analyzing and incorporating lessons learned from recent 
     studies of Corps of Engineers programs and recent disasters 
     such as Hurricane Katrina and the Great Midwest Flood of 
     1993;
       (G) encouraging wetlands conservation; and
       (H) ensuring the effective implementation of the policies 
     of this Act.
       (3) Public participation.--The Coordinating Committee and 
     the Secretary shall solicit public and expert comments 
     regarding any revision proposed under paragraph (2).
       (4) Revision of planning guidance.--
       (A) In general.--Not later than 180 days after the date on 
     which a review under paragraph (1) is completed, the 
     Secretary, after providing notice and an opportunity for 
     public comment in accordance with subchapter II of chapter 5, 
     and chapter 7, of title 5, United States Code (commonly known 
     as the ``Administrative Procedure Act''), shall implement 
     such proposed updates and revisions to the planning 
     principles and guidelines, regulations, and circulars of the 
     Corps of Engineers under paragraph (2) as the Secretary 
     determines to be appropriate.
       (B) Effect.--Effective beginning on the date on which the 
     Secretary implements the first update or revision under 
     paragraph (1), subsections (a) and (b) of section 80 of the 
     Water Resources Development Act of 1974 (42 U.S.C. 1962d-17) 
     shall not apply to the Corps of Engineers.
       (5) Report.--
       (A) In general.--The Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate, and to the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives, a report describing any revision of planning 
     guidance under paragraph (4).
       (B) Publication.--The Secretary shall publish the report 
     under subparagraph (A) in the Federal Register.

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Definitions.--In this section:
       (1) Construction activities.--The term ``construction 
     activities'' means development of detailed engineering and 
     design specifications during the preconstruction engineering 
     and design phase and the engineering and design phase of a 
     water resources project carried out by the Corps of 
     Engineers, and other activities carried out on a water 
     resources project prior to completion of the construction and 
     to turning the project over to the local cost-share partner.
       (2) Project study.--The term ``project study'' means a 
     feasibility report, reevaluation report, or environmental 
     impact statement prepared by the Corps of Engineers.
       (b) Director of Independent Review.--The Secretary shall 
     appoint in the Office of the Secretary a Director of 
     Independent Review. The Director shall be selected from among 
     individuals who are distinguished experts in engineering, 
     hydrology, biology, economics, or another discipline related 
     to water resources management. The Secretary shall ensure, to 
     the maximum extent practicable, that the Director does not 
     have a financial, professional, or other conflict of interest 
     with projects subject to review. The Director of Independent 
     Review shall carry out the duties set forth in this section 
     and such other duties as the Secretary deems appropriate.
       (c) Sound Project Planning.--
       (1) Projects subject to planning review.--The Secretary 
     shall ensure that each project study for a water resources 
     project shall be reviewed by an independent panel of experts 
     established under this subsection if--
       (A) the project has an estimated total cost of more than 
     $40,000,000, including mitigation costs;
       (B) the Governor of a State in which the water resources 
     project is located in whole or in part, or the Governor of a 
     State within the drainage basin in which a water resources 
     project is located and that would be directly affected 
     economically or environmentally as a result of the project, 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project;
       (C) the head of a Federal agency with authority to review 
     the project determines that the project is likely to have a 
     significant adverse impact on public safety, or on 
     environmental, fish and wildlife, historical, cultural, or 
     other resources under the jurisdiction of the agency, and 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project; or
       (D) the Secretary determines on his or her own initiative, 
     or shall determine within 30 days of receipt of a written 
     request for a controversy determination by any party, that 
     the project is controversial because--
       (i) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (ii) there is a significant dispute regarding the economic, 
     or environmental costs or benefits of the project.
       (2) Project planning review panels.--
       (A) Project planning review panel membership.--For each 
     water resources project subject to review under this 
     subsection, the Director of Independent Review shall 
     establish a panel of independent experts that shall be 
     composed of not less than 5 nor more than 9 independent 
     experts (including at least 1 engineer, 1 hydrologist, 1 
     biologist, and 1 economist) who represent a range of areas of 
     expertise. The Director of Independent Review shall apply the 
     National Academy of Science's policy for selecting committee 
     members to ensure that members have no conflict with the 
     project being reviewed, and shall consult with the National 
     Academy of Sciences in developing lists of individuals to 
     serve on panels of experts under this subsection. An 
     individual serving on a panel under this subsection shall be 
     compensated at a rate of pay to be determined by the 
     Secretary, and shall be allowed travel expenses.
       (B) Duties of project planning review panels.--An 
     independent panel of experts established under this 
     subsection shall review the project study, receive from the 
     public written and oral comments concerning the project 
     study, and submit a written report to the Secretary that 
     shall contain the panel's conclusions and recommendations 
     regarding project study issues identified as significant by 
     the panel, including issues such as--
       (i) economic and environmental assumptions and projections;
       (ii) project evaluation data;
       (iii) economic or environmental analyses;
       (iv) engineering analyses;
       (v) formulation of alternative plans;
       (vi) methods for integrating risk and uncertainty;

[[Page 12018]]

       (vii) models used in evaluation of economic or 
     environmental impacts of proposed projects; and
       (viii) any related biological opinions.
       (C) Project planning review record.--
       (i) In general.--After receiving a report from an 
     independent panel of experts established under this 
     subsection, the Secretary shall take into consideration any 
     recommendations contained in the report and shall immediately 
     make the report available to the public on the internet.
       (ii) Recommendations.--The Secretary shall prepare a 
     written explanation of any recommendations of the independent 
     panel of experts established under this subsection not 
     adopted by the Secretary. Recommendations and findings of the 
     independent panel of experts rejected without good cause 
     shown, as determined by judicial review, shall be given equal 
     deference as the recommendations and findings of the 
     Secretary during a judicial proceeding relating to the water 
     resources project.
       (iii) Submission to congress and public availability.--The 
     report of the independent panel of experts established under 
     this subsection and the written explanation of the Secretary 
     required by clause (ii) shall be included with the report of 
     the Chief of Engineers to Congress, shall be published in the 
     Federal Register, and shall be made available to the public 
     on the Internet.
       (D) Deadlines for project planning reviews.--
       (i) In general.--Independent review of a project study 
     shall be completed prior to the completion of any Chief of 
     Engineers report for a specific water resources project.
       (ii) Deadline for project planning review panel studies.--
     An independent panel of experts established under this 
     subsection shall complete its review of the project study and 
     submit to the Secretary a report not later than 180 days 
     after the date of establishment of the panel, or not later 
     than 90 days after the close of the public comment period on 
     a draft project study that includes a preferred alternative, 
     whichever is later. The Secretary may extend these deadlines 
     for good cause.
       (iii) Failure to complete review and report.--If an 
     independent panel of experts established under this 
     subsection does not submit to the Secretary a report by the 
     deadline established by clause (ii), the Chief of Engineers 
     may continue project planning without delay.
       (iv) Duration of panels.--An independent panel of experts 
     established under this subsection shall terminate on the date 
     of submission of the report by the panel. Panels may be 
     established as early in the planning process as deemed 
     appropriate by the Director of Independent Review, but shall 
     be appointed no later than 90 days before the release for 
     public comment of a draft study subject to review under 
     subsection (c)(1)(A), and not later than 30 days after a 
     determination that review is necessary under subsection 
     (c)(1)(B), (c)(1)(C), or (c)(1)(D).
       (E) Effect on existing guidance.--The project planning 
     review required by this subsection shall be deemed to satisfy 
     any external review required by Engineering Circular 1105-2-
     408 (31 May 2005) on Peer Review of Decision Documents.
       (d) Safety Assurance.--
       (1) Projects subject to safety assurance review.--The 
     Secretary shall ensure that the construction activities for 
     any flood damage reduction project shall be reviewed by an 
     independent panel of experts established under this 
     subsection if the Director of Independent Review makes a 
     determination that an independent review is necessary to 
     ensure public health, safety, and welfare on any project--
       (A) for which the reliability of performance under 
     emergency conditions is critical;
       (B) that uses innovative materials or techniques;
       (C) for which the project design is lacking in redundancy, 
     or that has a unique construction sequencing or a short or 
     overlapping design construction schedule; or
       (D) other than a project described in subparagraphs (A) 
     through (C), as the Director of Independent Review determines 
     to be appropriate.
       (2) Safety assurance review panels.--At the appropriate 
     point in the development of detailed engineering and design 
     specifications for each water resources project subject to 
     review under this subsection, the Director of Independent 
     Review shall establish an independent panel of experts to 
     review and report to the Secretary on the adequacy of 
     construction activities for the project. An independent panel 
     of experts under this subsection shall be composed of not 
     less than 5 nor more than 9 independent experts selected from 
     among individuals who are distinguished experts in 
     engineering, hydrology, or other pertinent disciplines. The 
     Director of Independent Review shall apply the National 
     Academy of Science's policy for selecting committee members 
     to ensure that panel members have no conflict with the 
     project being reviewed. An individual serving on a panel of 
     experts under this subsection shall be compensated at a rate 
     of pay to be determined by the Secretary, and shall be 
     allowed travel expenses.
       (3) Deadlines for safety assurance reviews.--An independent 
     panel of experts established under this subsection shall 
     submit a written report to the Secretary on the adequacy of 
     the construction activities prior to the initiation of 
     physical construction and periodically thereafter until 
     construction activities are completed on a publicly available 
     schedule determined by the Director of Independent Review for 
     the purposes of assuring the public safety. The Director of 
     Independent Review shall ensure that these reviews be carried 
     out in a way to protect the public health, safety, and 
     welfare, while not causing unnecessary delays in construction 
     activities.
       (4) Safety assurance review record.--After receiving a 
     written report from an independent panel of experts 
     established under this subsection, the Secretary shall--
       (A) take into consideration recommendations contained in 
     the report, provide a written explanation of recommendations 
     not adopted, and immediately make the report and explanation 
     available to the public on the Internet; and
       (B) submit the report to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (e) Expenses.--
       (1) In general.--The costs of an independent panel of 
     experts established under subsection (c) or (d) shall be a 
     Federal expense and shall not exceed--
       (A) $250,000, if the total cost of the project in current 
     year dollars is less than $50,000,000; and
       (B) 0.5 percent of the total cost of the project in current 
     year dollars, if the total cost is $50,000,000 or more.
       (2) Waiver.--The Secretary, at the written request of the 
     Director of Independent Review, may waive the cost 
     limitations under paragraph (1) if the Secretary determines 
     appropriate.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
       (g) Savings Clause.--Nothing in this section shall be 
     construed to affect any authority of the Secretary to cause 
     or conduct a peer review of the engineering, scientific, or 
     technical basis of any water resources project in existence 
     on the date of enactment of this Act.

     SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

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

[[Page 12019]]

     to section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344).
       ``(B) Inclusions.--A specific mitigation plan for a water 
     resources project under paragraph (1) shall include, at a 
     minimum--
       ``(i) a plan for monitoring the implementation and 
     ecological success of each mitigation measure, including a 
     designation of the entities that will be responsible for the 
     monitoring;
       ``(ii) the criteria for ecological success by which the 
     mitigation will be evaluated and determined to be successful;
       ``(iii) land and interests in land to be acquired for the 
     mitigation plan and the basis for a determination that the 
     land and interests are available for acquisition;
       ``(iv) a description of--

       ``(I) the types and amount of restoration activities to be 
     conducted; and
       ``(II) the resource functions and values that will result 
     from the mitigation plan; and

       ``(v) a contingency plan for taking corrective actions in 
     cases in which monitoring demonstrates that mitigation 
     measures are not achieving ecological success in accordance 
     with criteria under clause (ii).
       ``(4) Determination of success.--
       ``(A) In general.--A mitigation plan under this subsection 
     shall be considered to be successful at the time at which the 
     criteria under paragraph (3)(B)(ii) are achieved under the 
     plan, as determined by monitoring under paragraph (3)(B)(i).
       ``(B) Consultation.--In determining whether a mitigation 
     plan is successful under subparagraph (A), the Secretary 
     shall consult annually with appropriate Federal agencies and 
     each State in which the applicable project is located on at 
     least the following:
       ``(i) The ecological success of the mitigation as of the 
     date on which the report is submitted.
       ``(ii) The likelihood that the mitigation will achieve 
     ecological success, as defined in the mitigation plan.
       ``(iii) The projected timeline for achieving that success.
       ``(iv) Any recommendations for improving the likelihood of 
     success.
       ``(C) Reporting.--Not later than 60 days after the date of 
     completion of the annual consultation, the Federal agencies 
     consulted shall, and each State in which the project is 
     located may, submit to the Secretary a report that describes 
     the results of the consultation described in (B).
       ``(D) Action by secretary.--The Secretary shall respond in 
     writing to the substance and recommendations contained in 
     each report under subparagraph (C) by not later than 30 days 
     after the date of receipt of the report.
       ``(5) Monitoring.--Mitigation monitoring shall continue 
     until it has been demonstrated that the mitigation has met 
     the ecological success criteria.''.
       (d) Status Report.--
       (1) In general.--Concurrent with the submission of the 
     President to Congress of the request of the President for 
     appropriations for the Civil Works Program for a fiscal year, 
     the Secretary shall submit to the Committee on the 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report describing the status of 
     construction of projects that require mitigation under 
     section 906 of Water Resources Development Act 1986 (33 
     U.S.C. 2283) and the status of that mitigation.
       (2) Projects included.--The status report shall include the 
     status of--
       (A) all projects that are under construction as of the date 
     of the report;
       (B) all projects for which the President requests funding 
     for the next fiscal year; and
       (C) all projects that have completed construction, but have 
     not completed the mitigation required under section 906 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2283).
       (e) Mitigation Tracking System.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     recordkeeping system to track, for each water resources 
     project undertaken by the Secretary and for each permit 
     issued under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344)--
       (A) the quantity and type of wetland and any other habitat 
     type affected by the project, project operation, or permitted 
     activity;
       (B) the quantity and type of mitigation measures required 
     with respect to the project, project operation, or permitted 
     activity;
       (C) the quantity and type of mitigation measures that have 
     been completed with respect to the project, project 
     operation, or permitted activity; and
       (D) the status of monitoring of the mitigation measures 
     carried out with respect to the project, project operation, 
     or permitted activity.
       (2) Requirements.--The recordkeeping system under paragraph 
     (1) shall--
       (A) include information relating to the impacts and 
     mitigation measures relating to projects described in 
     paragraph (1) that occur after November 17, 1986; and
       (B) be organized by watershed, project, permit application, 
     and zip code.
       (3) Availability of information.--The Secretary shall make 
     information contained in the recordkeeping system available 
     to the public on the Internet.

     SEC. 2009. STATE TECHNICAL ASSISTANCE.

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

     ``SEC. 22. PLANNING ASSISTANCE TO STATES.

       ``(a) Federal-State Cooperation.--
       ``(1) Comprehensive plans.--The Secretary'';
       (2) in subsection (a), by adding at the end the following:
       ``(2) Technical assistance.--
       ``(A) In general.--At the request of a governmental agency 
     or non-Federal interest, the Secretary may provide, at 
     Federal expense, technical assistance to the agency or non-
     Federal interest in managing water resources.
       ``(B) Types of assistance.--Technical assistance under this 
     paragraph may include provision and integration of 
     hydrologic, economic, and environmental data and analyses.'';
       (3) in subsection (b)(1), by striking ``this section'' each 
     place it appears and inserting ``subsection (a)(1)'';
       (4) in subsection (b)(2), by striking ``up to \1/2\ of 
     the'' and inserting ``the'';
       (5) in subsection (c)--
       (A) by striking ``(c) There is'' and inserting the 
     following:
       ``(c) Authorization of Appropriations.--
       ``(1) Federal and state cooperation.--There is'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking ``the provisions of this section except that not 
     more than $500,000 shall be expended in any one year in any 
     one State.'' and inserting ``subsection (a)(1).''; and
       (C) by adding at the end the following:
       ``(2) Technical assistance.--There is authorized to be 
     appropriated to carry out subsection (a)(2) $5,000,000 for 
     each fiscal year, of which not more than $2,000,000 for each 
     fiscal year may be used by the Secretary to enter into 
     cooperative agreements with nonprofit organizations and State 
     agencies to provide assistance to rural and small 
     communities.''; and
       (6) by adding at the end the following:
       ``(e) Annual Submission.--For each fiscal year, based on 
     performance criteria developed by the Secretary, the 
     Secretary shall list in the annual civil works budget 
     submitted to Congress the individual activities proposed for 
     funding under subsection (a)(1) for the fiscal year.''.

     SEC. 2010. ACCESS TO WATER RESOURCE DATA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, shall carry out a program to provide public access 
     to water resource and related water quality data in the 
     custody of the Corps of Engineers.
       (b) Data.--Public access under subsection (a) shall--
       (1) include, at a minimum, access to data generated in 
     water resource project development and regulation under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344); and
       (2) appropriately employ geographic information system 
     technology and linkages to water resource models and 
     analytical techniques.
       (c) Partnerships.--To the maximum extent practicable, in 
     carrying out activities under this section, the Secretary 
     shall develop partnerships, including cooperative agreements 
     with State, tribal, and local governments and other Federal 
     agencies.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each fiscal year.

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

       (a) In General.--Section 211(e)(6) of the Water Resources 
     Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended 
     by adding at the end following:
       ``(E) Budget priority.--
       ``(i) In general.--Budget priority for projects under this 
     section shall be proportionate to the percentage of project 
     completion.
       ``(ii) Completed project.--A completed project shall have 
     the same priority as a project with a contractor on site.''.
       (b) Construction of Flood Control Projects by Non-Federal 
     Interests.--Section 211(f) of the Water Resources Development 
     Act of 1996 (33 U.S.C. 701b-13) is amended by adding at the 
     end the following:
       ``(9) Thornton reservoir, cook county, illinois.--An 
     element of the project for flood control, Chicagoland 
     Underflow Plan, Illinois.
       ``(10) Buffalo bayou, texas.--The project for flood 
     control, Buffalo Bayou, Texas, authorized by the first 
     section of the Act of June 20, 1938 (52 Stat. 804, chapter 
     535) (commonly known as the `River and Harbor Act of 1938') 
     and modified by section 3a of the Act of August 11, 1939 (53 
     Stat. 1414, chapter 699) (commonly known as the `Flood 
     Control Act of 1939'), except that, subject to the approval 
     of the Secretary as provided by this section, the non-Federal 
     interest may design and construct an alternative to such 
     project.

[[Page 12020]]

       ``(11) Halls bayou, texas.--The Halls Bayou element of the 
     project for flood control, Buffalo Bayou and tributaries, 
     Texas, authorized by section 101(a)(21) of the Water 
     Resources Development Act of 1990 (33 U.S.C. 2201 note), 
     except that, subject to the approval of the Secretary as 
     provided by this section, the non-Federal interest may design 
     and construct an alternative to such project.
       ``(12) Menomonee river watershed, wisconsin.--The project 
     for the Menomonee River Watershed, Wisconsin, including--
       ``(A) the Underwood Creek diversion facility project 
     (Milwaukee County Grounds); and
       ``(B) the Greater Milwaukee Rivers watershed project.''.

     SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

       (a) In General.--Section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326) is amended to read 
     as follows:

     ``SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

       ``(a) In General.--In connection with sediment obtained 
     through the construction, operation, or maintenance of an 
     authorized Federal water resources project, the Secretary, 
     acting through the Chief of Engineers, shall develop Regional 
     Sediment Management plans and carry out projects at locations 
     identified in the plan prepared under subsection (e), or 
     identified jointly by the non-Federal interest and the 
     Secretary, for use in the construction, repair, modification, 
     or rehabilitation of projects associated with Federal water 
     resources projects, for--
       ``(1) the protection of property;
       ``(2) the protection, restoration, and creation of aquatic 
     and ecologically related habitats, including wetlands; and
       ``(3) the transport and placement of suitable sediment
       ``(b) Secretarial Findings.--Subject to subsection (c), 
     projects carried out under subsection (a) may be carried out 
     in any case in which the Secretary finds that--
       ``(1) the environmental, economic, and social benefits of 
     the project, both monetary and nonmonetary, justify the cost 
     of the project; and
       ``(2) the project would not result in environmental 
     degradation.
       ``(c) Determination of Planning and Project Costs.--
       ``(1) In general.--In consultation and cooperation with the 
     appropriate Federal, State, regional, and local agencies, the 
     Secretary, acting through the Chief of Engineers, shall 
     develop at Federal expense plans and projects for regional 
     management of sediment obtained in conjunction with 
     construction, operation, and maintenance of Federal water 
     resources projects.
       ``(2) Costs of construction.--
       ``(A) In general.--Costs associated with construction of a 
     project under this section or identified in a Regional 
     Sediment Management plan shall be limited solely to 
     construction costs that are in excess of those costs 
     necessary to carry out the dredging for construction, 
     operation, or maintenance of an authorized Federal water 
     resources project in the most cost-effective way, consistent 
     with economic, engineering, and environmental criteria.
       ``(B) Cost sharing.--The determination of any non-Federal 
     share of the construction cost shall be based on the cost 
     sharing as specified in subsections (a) through (d) of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), for the type of Federal water resource 
     project using the dredged resource.
       ``(C) Total cost.--Total Federal costs associated with 
     construction of a project under this section shall not exceed 
     $5,000,000 without Congressional approval.
       ``(3) Operation, maintenance, replacement, and 
     rehabilitation costs.--Operation, maintenance, replacement, 
     and rehabilitation costs associated with a project are a non-
     Federal sponsor responsibility.
       ``(d) Selection of Sediment Disposal Method for 
     Environmental Purposes.--
       ``(1) In general.--In developing and carrying out a Federal 
     water resources project involving the disposal of material, 
     the Secretary may select, with the consent of the non-Federal 
     interest, a disposal method that is not the least-cost option 
     if the Secretary determines that the incremental costs of the 
     disposal method are reasonable in relation to the 
     environmental benefits, including the benefits to the aquatic 
     environment to be derived from the creation of wetlands and 
     control of shoreline erosion.
       ``(2) Federal share.--The Federal share of such incremental 
     costs shall be determined in accordance with subsection (c).
       ``(e) State and Regional Plans.--The Secretary, acting 
     through the Chief of Engineers, may--
       ``(1) cooperate with any State in the preparation of a 
     comprehensive State or regional coastal sediment management 
     plan within the boundaries of the State;
       ``(2) encourage State participation in the implementation 
     of the plan; and
       ``(3) submit to Congress reports and recommendations with 
     respect to appropriate Federal participation in carrying out 
     the plan.
       ``(f) Priority Areas.--In carrying out this section, the 
     Secretary shall give priority to regional sediment management 
     projects in the vicinity of--
       ``(1) Fire Island Inlet, Suffolk County, New York;
       ``(2) Fletcher Cove, California;
       ``(3) Delaware River Estuary, New Jersey and Pennsylvania; 
     and
       ``(4) Toledo Harbor, Lucas County, Ohio.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 
     during each fiscal year, to remain available until expended, 
     for the Federal costs identified under subsection (c), of 
     which up to $5,000,000 shall be used for the development of 
     regional sediment management plans as provided in subsection 
     (e).
       ``(h) Nonprofit Entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
     project carried out under this section, a non-Federal 
     interest may include a nonprofit entity, with the consent of 
     the affected local government.''.
       (b) Repeal.--
       (1) In general.--Section 145 of the Water Resources 
     Development Act of 1976 (33 U.S.C. 426j) is repealed.
       (2) Existing projects.--The Secretary, acting through the 
     Chief of Engineers, may complete any project being carried 
     out under section 145 on the day before the date of enactment 
     of this Act.

     SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT 
                   PROGRAM.

       (a) In General.--Section 3 of the Act entitled ``An Act 
     authorizing Federal participation in the cost of protecting 
     the shores of publicly owned property'', approved August 13, 
     1946 (33 U.S.C. 426g), is amended to read as follows:

     ``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT 
                   MINIMIZATION PROGRAM.

       ``(a) Construction of Small Shore and Beach Restoration and 
     Protection Projects.--
       ``(1) In general.--The Secretary may carry out construction 
     of small shore and beach restoration and protection projects 
     not specifically authorized by Congress that otherwise comply 
     with the first section of this Act if the Secretary 
     determines that such construction is advisable.
       ``(2) Local cooperation.--The local cooperation requirement 
     under the first section of this Act shall apply to a project 
     under this section.
       ``(3) Completeness.--A project under this section--
       ``(A) shall be complete; and
       ``(B) shall not commit the United States to any additional 
     improvement to ensure the successful operation of the 
     project, except for participation in periodic beach 
     nourishment in accordance with--
       ``(i) the first section of this Act; and
       ``(ii) the procedure for projects authorized after 
     submission of a survey report.
       ``(b) National Shoreline Erosion Control Development and 
     Demonstration Program.--
       ``(1) In general.--The Secretary, acting through the Chief 
     of Engineers, shall conduct a national shoreline erosion 
     control development and demonstration program (referred to in 
     this section as the `program').
       ``(2) Requirements.--
       ``(A) In general.--The program shall include provisions 
     for--
       ``(i) projects consisting of planning, design, 
     construction, and adequate monitoring of prototype engineered 
     and native and naturalized vegetative shoreline erosion 
     control devices and methods;
       ``(ii) detailed engineering and environmental reports on 
     the results of each project carried out under the program; 
     and
       ``(iii) technology transfers, as appropriate, to private 
     property owners, State and local entities, nonprofit 
     educational institutions, and nongovernmental organizations.
       ``(B) Determination of feasibility.--A project under this 
     section shall not be carried out until the Secretary, acting 
     through the Chief of Engineers, determines that the project 
     is feasible.
       ``(C) Emphasis.--A project carried out under the program 
     shall emphasize, to the maximum extent practicable--
       ``(i) the development and demonstration of innovative 
     technologies;
       ``(ii) efficient designs to prevent erosion at a shoreline 
     site, taking into account the lifecycle cost of the design, 
     including cleanup, maintenance, and amortization;
       ``(iii) new and enhanced shore protection project design 
     and project formulation tools the purposes of which are to 
     improve the physical performance, and lower the lifecycle 
     costs, of the projects;
       ``(iv) natural designs, including the use of native and 
     naturalized vegetation or temporary structures that minimize 
     permanent structural alterations to the shoreline;
       ``(v) the avoidance of negative impacts to adjacent 
     shorefront communities;
       ``(vi) the potential for long-term protection afforded by 
     the technology; and
       ``(vii) recommendations developed from evaluations of the 
     program established under the Shoreline Erosion Control 
     Demonstration Act of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 
     26), including--

       ``(I) adequate consideration of the subgrade;
       ``(II) proper filtration;
       ``(III) durable components;
       ``(IV) adequate connection between units; and
       ``(V) consideration of additional relevant information.

[[Page 12021]]

       ``(D) Sites.--
       ``(i) In general.--Each project under the program shall be 
     carried out at--

       ``(I) a privately owned site with substantial public 
     access; or
       ``(II) a publicly owned site on open coast or in tidal 
     waters.

       ``(ii) Selection.--The Secretary, acting through the Chief 
     of Engineers, shall develop criteria for the selection of 
     sites for projects under the program, including criteria 
     based on--

       ``(I) a variety of geographic and climatic conditions;
       ``(II) the size of the population that is dependent on the 
     beaches for recreation or the protection of private property 
     or public infrastructure;
       ``(III) the rate of erosion;
       ``(IV) significant natural resources or habitats and 
     environmentally sensitive areas; and
       ``(V) significant threatened historic structures or 
     landmarks.

       ``(3) Consultation.--The Secretary, acting through the 
     Chief of Engineers, shall carry out the program in 
     consultation with--
       ``(A) the Secretary of Agriculture, particularly with 
     respect to native and naturalized vegetative means of 
     preventing and controlling shoreline erosion;
       ``(B) Federal, State, and local agencies;
       ``(C) private organizations;
       ``(D) the Coastal Engineering Research Center established 
     by the first section of Public Law 88-172 (33 U.S.C. 426-1); 
     and
       ``(E) applicable university research facilities.
       ``(4) Completion of demonstration.--After carrying out the 
     initial construction and evaluation of the performance and 
     lifecycle cost of a demonstration project under this section, 
     the Secretary, acting through the Chief of Engineers, may--
       ``(A) at the request of a non-Federal interest of the 
     project, amend the agreement for a federally-authorized shore 
     protection project in existence on the date on which initial 
     construction of the demonstration project is complete to 
     incorporate the demonstration project as a feature of the 
     shore protection project, with the future cost of the 
     demonstration project to be determined by the cost-sharing 
     ratio of the shore protection project; or
       ``(B) transfer all interest in and responsibility for the 
     completed demonstration project to the non-Federal or other 
     Federal agency interest of the project.
       ``(5) Agreements.--The Secretary, acting through the Chief 
     of Engineers, may enter into an agreement with the non-
     Federal or other Federal agency interest of a project under 
     this section--
       ``(A) to share the costs of construction, operation, 
     maintenance, and monitoring of a project under the program;
       ``(B) to share the costs of removing a project or project 
     element constructed under the program, if the Secretary 
     determines that the project or project element is detrimental 
     to private property, public infrastructure, or public safety; 
     or
       ``(C) to specify ownership of a completed project that the 
     Chief of Engineers determines will not be part of a Corps of 
     Engineers project.
       ``(6) Report.--Not later than December 31 of each year 
     beginning after the date of enactment of this paragraph, the 
     Secretary shall prepare and submit to the Committee on 
     Environment and Public works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report describing--
       ``(A) the activities carried out and accomplishments made 
     under the program during the preceding year; and
       ``(B) any recommendations of the Secretary relating to the 
     program.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may expend, from any appropriations made available to the 
     Secretary for the purpose of carrying out civil works, not 
     more than $30,000,000 during any fiscal year to pay the 
     Federal share of the costs of construction of small shore and 
     beach restoration and protection projects or small projects 
     under the program.
       ``(2) Limitation.--The total amount expended for a project 
     under this section shall--
       ``(A) be sufficient to pay the cost of Federal 
     participation in the project (including periodic nourishment 
     as provided for under the first section of this Act), as 
     determined by the Secretary; and
       ``(B) be not more than $3,000,000.''.
       (b) Repeal.--Section 5 the Act entitled ``An Act 
     authorizing Federal participation in the cost of protecting 
     the shores of publicly owned property'', approved August 13, 
     1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is repealed.

     SEC. 2014. SHORE PROTECTION PROJECTS.

       (a) In General.--In accordance with the Act of July 3, 1930 
     (33 U.S.C. 426), and notwithstanding administrative actions, 
     it is the policy of the United States to promote shore 
     protection projects and related research that encourage the 
     protection, restoration, and enhancement of sandy beaches, 
     including beach restoration and periodic beach renourishment 
     for a period of 50 years, on a comprehensive and coordinated 
     basis by the Federal Government, States, localities, and 
     private enterprises.
       (b) Preference.--In carrying out the policy, preference 
     shall be given to--
       (1) areas in which there has been a Federal investment of 
     funds; and
       (2) areas with respect to which the need for prevention or 
     mitigation of damage to shores and beaches is attributable to 
     Federal navigation projects or other Federal activities.
       (c) Applicability.--The Secretary shall apply the policy to 
     each shore protection and beach renourishment project 
     (including shore protection and beach renourishment projects 
     in existence on the date of enactment of this Act).

     SEC. 2015. COST SHARING FOR MONITORING.

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

     SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

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

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

       Section 214 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 subsection (c).

     SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall implement a 
     program to allow electronic submission of permit applications 
     for permits under the jurisdiction of the Corps of Engineers.
       (b) Limitations.--This section does not preclude the 
     submission of a hard copy, as required.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000.

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

       (a) In General.--As part of the operation and maintenance, 
     by the Corps of Engineers, of reservoirs in operation as of 
     the date of enactment of this Act, the Secretary shall carry 
     out the measures described in subsection (c) to support the 
     water resource needs of project sponsors and any affected 
     State, local, or tribal government for authorized project 
     purposes.
       (b) Cooperation.--The Secretary shall carry out the 
     measures described in subsection (c) in cooperation and 
     coordination with project sponsors and any affected State, 
     local, or tribal government.
       (c) Measures.--In carrying out this section, the Secretary 
     may--
       (1) conduct a study to identify unused, underused, or 
     additional water storage capacity at reservoirs;
       (2) review an operational plan and identify any change to 
     maximize an authorized project purpose to improve water 
     storage capacity and enhance efficiency of releases and 
     withdrawal of water;
       (3) improve and update data, data collection, and 
     forecasting models to maximize an authorized project purpose 
     and improve water storage capacity and delivery to water 
     users; and
       (4) conduct a sediment study and implement any sediment 
     management or removal measure.
       (d) Revenues for Special Cases.--
       (1) Costs of water supply storage.--In the case of a 
     reservoir operated or maintained by the Corps of Engineers on 
     the date of enactment of this Act, the storage charge for a 
     future contract or contract renewal for the first cost of 
     water supply storage at the reservoir shall be the lesser of 
     the estimated cost of purposes foregone, replacement costs, 
     or the updated cost of storage.
       (2) Reallocation.--In the case of a water supply that is 
     reallocated from another project purpose to municipal or 
     industrial water supply, the joint use costs for the 
     reservoir shall be adjusted to reflect the reallocation of 
     project purposes.
       (3) Credit for affected project purposes.--In the case of a 
     reallocation that adversely affects hydropower generation, 
     the Secretary shall defer to the Administrator of the 
     respective Power Marketing Administration to calculate the 
     impact of such a reallocation on the rates for hydroelectric 
     power.
       (e) Savings Clause.--Nothing in this section affects any 
     authority in existence on the date of enactment of this Act 
     under--
       (1) the Water Supply Act of 1958 (72 Stat 319);

[[Page 12022]]

       (2) the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665);
       (3) the Water Resources Development Act of 1986 (100 Stat. 
     4082); or
       (4) section 322 of the Water Resource Development Act of 
     1990 (33 U.S.C. 2324).

     SEC. 2020. FEDERAL HOPPER DREDGES.

       Section 3(c)(7)(B) of the Act of August 11, 1888 (33 U.S.C. 
     622; 25 Stat. 423), is amended by adding at the end the 
     following: ``This subparagraph shall not apply to the Federal 
     hopper dredges Essayons and Yaquina of the Corps of 
     Engineers.''.

     SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.

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

     SEC. 2022. WILDFIRE FIREFIGHTING.

       Section 309 of Public Law 102-154 (42 U.S.C. 1856a-1; 105 
     Stat. 1034) is amended by inserting ``the Secretary of the 
     Army,'' after ``the Secretary of Energy,''.

     SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.

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

     SEC. 2024. PROJECT ADMINISTRATION.

       (a) Project Tracking.--The Secretary shall assign a unique 
     tracking number to each water resources project under the 
     jurisdiction of the Secretary, to be used by each Federal 
     agency throughout the life of the project.
       (b) Report Repository.--
       (1) In general.--The Secretary shall maintain at the 
     Library of Congress a copy of each final feasibility study, 
     final environmental impact statement, final reevaluation 
     report, record of decision, and report to Congress prepared 
     by the Corps of Engineers.
       (2) Availability to public.--
       (A) In general.--Each document described in paragraph (1) 
     shall be made available to the public for review, and an 
     electronic copy of each document shall be made permanently 
     available to the public through the Internet website of the 
     Corps of Engineers.
       (B) Cost.--The Secretary shall charge the requestor for the 
     cost of duplication of the requested document.

     SEC. 2025. PROGRAM ADMINISTRATION.

       Sections 101, 106, and 108 of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2252-2254), are repealed.

     SEC. 2026. EXTENSION OF SHORE PROTECTION PROJECTS.

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

     SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.

       Section 203 of the Water Resources Development Act of 2000 
     (33 U.S.C. 2269) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``carry out water-
     related planning activities and'' after ``the Secretary 
     may''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) watershed assessments and planning activities.''; and
       (2) in subsection (e), by striking ``2006'' and inserting 
     ``2012''.

              Subtitle B--Continuing Authorities Projects

     SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBORNE 
                   TRANSPORTATION.

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

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

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

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

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

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

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

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

       (2) in subsection (a), by striking ``an aquatic'' and 
     inserting ``a freshwater aquatic''; and
       (3) in subsection (e), by striking ``$25,000,000'' and 
     inserting ``$30,000,000''.

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

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

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

       and
       (2) in subsection (h), by striking ``$25,000,000'' and 
     inserting ``$30,000,000''.

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

       (a) In General.--The Secretary may carry out an estuary 
     habitat restoration project if the Secretary determines that 
     the project--
       (1) will improve the elements and features of an estuary 
     (as defined in section 103 of the Estuaries and Clean Waters 
     Act of 2000 (33 U.S.C. 2902));
       (2) is in the public interest; and
       (3) is cost-effective.
       (b) Cost Sharing.--The non-Federal share of the cost of 
     construction of any project under this section--
       (1) shall be 35 percent; and
       (2) shall include the costs of all land, easements, rights-
     of-way, and necessary relocations.
       (c) Agreements.--Construction of a project under this 
     section shall commence only after a non-Federal interest has 
     entered into a binding agreement with the Secretary to pay--
       (1) the non-Federal share of the costs of construction 
     required under subsection (b); and
       (2) in accordance with regulations promulgated by the 
     Secretary, 100 percent of the costs of any operation, 
     maintenance, replacement, or rehabilitation of the project.
       (d) Limitation.--Not more than $5,000,000 in Federal funds 
     may be allocated under this section for a project at any 1 
     location.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2008 through 2011.

     SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

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

[[Page 12023]]

     would otherwise be liable under Federal or State law for 
     damages, response costs, natural resource damages, 
     restitution, equitable relief, or any other relief.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, for each of 
     fiscal years 2008 through 2011, $20,000,000, to remain 
     available until expended.''.

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

       (a) Authorization.--
       (1) 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.
       (2) Priority projects.--In carrying out this section, the 
     Secretary shall give priority to carrying out the following 
     small dam removal or rehabilitation projects:
       (A) Mountain Park, Georgia.
       (B) Keith Creek, Rockford, Illinois.
       (C) Mount Zion Mill Pond Dam, Fulton County, Indiana.
       (D) Hamilton Dam, Flint River, Michigan.
       (E) Ingham Spring Dam, Solebury Township, Pennsylvania.
       (F) Stillwater Lake Dam, Monroe County, Pennsylvania.
       (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 $10,000,000 for each of fiscal years 
     2008 through 2011.

     SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

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

     SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

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

     SEC. 2040. PROGRAM NAMES.

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

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

       ``The''.

               Subtitle C--National Levee Safety Program

     SEC. 2051. SHORT TITLE.

       This subtitle may be cited as the ``National Levee Safety 
     Program Act of 2007''.

     SEC. 2052. DEFINITIONS.

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

     SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a National 
     Levee Safety Committee, consisting of representatives of 
     Federal agencies and State, tribal, and local governments, in 
     accordance with this subsection.
       (2) Federal agencies.--
       (A) In general.--The head of each Federal agency and the 
     head of the International Boundary Waters Commission may 
     designate a representative to serve on the Committee.
       (B) Action by secretary.--The Secretary shall ensure, to 
     the maximum extent practicable, that--
       (i) each Federal agency that designs, owns, operates, or 
     maintains a levee is represented on the Committee; and
       (ii) each Federal agency that has responsibility for 
     emergency preparedness or response activities is represented 
     on the Committee.
       (3) Tribal, state, and local governments.--
       (A) In general.--The Secretary shall appoint 8 members to 
     the Committee--
       (i) 3 of whom shall represent tribal governments affected 
     by levees, based on recommendations of tribal governments;
       (ii) 3 of whom shall represent State levee safety agencies, 
     based on recommendations of Governors of the States; and

[[Page 12024]]

       (iii) 2 of whom shall represent local governments, based on 
     recommendations of Governors of the States.
       (B) Requirement.--In appointing members under subparagraph 
     (A), the Secretary shall ensure broad geographic 
     representation, to the maximum extent practicable.
       (4) Chairperson.--The Secretary shall serve as Chairperson 
     of the Committee.
       (5) Other members.--The Secretary, in consultation with the 
     Committee, may invite to participate in meetings of the 
     Committee, as appropriate, 1 or more of the following:
       (A) Representatives of the National Laboratories.
       (B) Levee safety experts.
       (C) Environmental organizations.
       (D) Members of private industry.
       (E) Any other individual or entity, as the Committee 
     determines to be appropriate.
       (b) Duties.--
       (1) In general.--The Committee shall--
       (A) advise the Secretary in implementing the national levee 
     safety program under section 2054;
       (B) support the establishment and maintenance of effective 
     programs, policies, and guidelines to enhance levee safety 
     for the protection of human life and property throughout the 
     United States; and
       (C) support coordination and information exchange between 
     Federal agencies and State levee safety agencies that share 
     common problems and responsibilities relating to levee 
     safety, including planning, design, construction, operation, 
     emergency action planning, inspections, maintenance, 
     regulation or licensing, technical or financial assistance, 
     research, and data management.
       (c) Powers.--
       (1) Information from federal agencies.--
       (A) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers to 
     be necessary to carry out this section.
       (B) Provision of information.--On request of the Committee, 
     the head of a Federal agency shall provide the information to 
     the Committee.
       (2) Contracts.--The Committee may enter into any contract 
     the Committee determines to be necessary to carry out a duty 
     of the Committee.
       (d) Working Groups.--
       (1) In general.--The Secretary may establish working groups 
     to assist the Committee in carrying out this section.
       (2) Membership.--A working group under paragraph (1) shall 
     be composed of--
       (A) members of the Committee; and
       (B) any other individual, as the Secretary determines to be 
     appropriate.
       (e) Compensation of Members.--
       (1) Federal employees.--A member of the Committee who is an 
     officer or employee of the United States shall serve without 
     compensation in addition to compensation received for the 
     services of the member as an officer or employee of the 
     United States.
       (2) Other members.--A member of the Committee who is not an 
     officer or employee of the United States shall serve without 
     compensation.
       (f) Travel Expenses.--
       (1) Representatives of federal agencies.--To the extent 
     amounts are made available in advance in appropriations Acts, 
     a member of the Committee who represents a Federal agency 
     shall be reimbursed with appropriations for travel expenses 
     by the agency of the member, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from home or regular place of business of 
     the member in the performance of services for the Committee.
       (2) Other individuals.--To the extent amounts are made 
     available in advance in appropriations Acts, a member of the 
     Committee who represents a State levee safety agency, a 
     member of the Committee who represents the private sector, 
     and a member of a working group created under subsection (d) 
     shall be reimbursed for travel expenses by the Secretary, 
     including per diem in lieu of subsistence, at rates 
     authorized for an employee of an agency under subchapter 1 of 
     chapter 57 of title 5, United States Code, while away from 
     home or regular place of business of the member in 
     performance of services for the Committee.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Committee.

     SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

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

[[Page 12025]]

       (i) In general.--Each State shall conduct assessments of 
     non-Federal levees located within the State in accordance 
     with the applicable State levee safety program.
       (ii) Availability of information.--Each State shall make 
     the results of the assessments under clause (i) available for 
     inclusion in the national inventory under subsection (f).
       (iii) Non-federal levees.--

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

       (h) State Levee Safety Programs.--
       (1) Assistance to states.--In carrying out the program 
     under this section, the Secretary shall provide funds to 
     State levee safety agencies (or another appropriate State 
     agency, as designated by the Governor of the State) to assist 
     States in establishing, maintaining, and improving levee 
     safety programs.
       (2) Application.--
       (A) In general.--To receive funds under this subsection, a 
     State levee safety agency shall submit to the Secretary an 
     application in such time, in such manner, and containing such 
     information as the Secretary may require.
       (B) Inclusion.--An application under subparagraph (A) shall 
     include an agreement between the State levee safety agency 
     and the Secretary under which the State levee safety agency 
     shall, in accordance with State law--
       (i) review and approve plans and specifications to 
     construct, enlarge, modify, remove, or abandon a levee in the 
     State;
       (ii) perform periodic evaluations during levee construction 
     to ensure compliance with the approved plans and 
     specifications;
       (iii) approve the construction of a levee in the State 
     before the date on which the levee becomes operational;
       (iv) assess, at least once every 5 years, all levees and 
     reservoirs in the State the failure of which would cause a 
     significant risk of loss of human life or risk to the public 
     safety to determine whether the levees and reservoirs are 
     safe;
       (v) establish a procedure for more detailed and frequent 
     safety evaluations;
       (vi) ensure that assessments are led by a State-registered 
     professional engineer with related experience in levee design 
     and construction;
       (vii) issue notices, if necessary, to require owners of 
     levees to perform necessary maintenance or remedial work, 
     improve security, revise operating procedures, or take other 
     actions, including breaching levees;
       (viii) contribute funds to--

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

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

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

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

     SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary--
       (1) $20,000,000 to establish and maintain the inventory 
     under section 2054(f);
       (2) $42,000,000 to carry out levee safety assessments under 
     section 2054(g);
       (3) to provide funds for State levee safety programs under 
     section 2054(h)--
       (A) $15,000,000 for fiscal year 2007; and
       (B) $5,000,000 for each of fiscal years 2008 through 2011;
       (4) $2,000,000 to carry out research under section 2054(j);
       (5) $1,000,000 to carry out levee safety training under 
     section 2054(l); and
       (6) $150,000 to provide travel expenses to members of the 
     Committee under section 2053(f).

                 TITLE III--PROJECT-RELATED PROVISIONS

     SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.

       The Secretary shall carry out, on an emergency basis, 
     necessary removal of rubble, sediment, and rock impeding the 
     entrance to the St. Herman and St. Paul Harbors, Kodiak, 
     Alaska, at a Federal cost of $2,000,000.

     SEC. 3002. SITKA, ALASKA.

       The Sitka, Alaska, element of the project for navigation, 
     Southeast Alaska Harbors of Refuge, Alaska, authorized by 
     section 101 of the Water Resources Development Act of 1992 
     (106 Stat. 4801), is modified to direct the Secretary to take 
     such action as is necessary to correct design deficiencies in 
     the Sitka Harbor Breakwater, at full Federal expense. The 
     estimated cost is $6,300,000.

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

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

     SEC. 3004. NOGALES WASH AND TRIBUTARIES FLOOD CONTROL 
                   PROJECT, ARIZONA.

       The project for flood control, Nogales Wash and 
     tributaries, Arizona, authorized by section 101(a)(4) of the 
     Water Resources Development Act of 1990 (104 Stat. 4606; 110 
     Stat. 3711; 114 Stat. 2600), is modified to authorize the 
     Secretary to construct the project at a

[[Page 12026]]

     total cost of $25,410,000, with an estimated Federal cost of 
     $22,930,000 and an estimated non-Federal cost of $2,480,000.

     SEC. 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. TUCSON DRAINAGE AREA (TUCSON ARROYO), ARIZONA.

       The project for flood damage reduction, environmental 
     restoration, and recreation, Tucson Drainage Area (Tucson 
     Arroyo), Arizona, authorized by section 101(a)(5) of the 
     Water Resources Development Act of 1999 (113 Stat. 274), is 
     modified to authorize the Secretary to construct the project 
     at a total cost of $66,700,000, with an estimated Federal 
     cost of $43,350,000 and an estimated non-Federal cost of 
     $23,350,000.

     SEC. 3007. AUGUSTA AND CLARENDON, ARKANSAS.

       The Secretary may carry out rehabilitation of authorized 
     and completed levees on the White River between Augusta and 
     Clarendon, Arkansas, at a total estimated cost of $8,000,000, 
     with an estimated Federal cost of $5,200,000 and an estimated 
     non-Federal cost of $2,800,000.

     SEC. 3008. EASTERN 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 (106 Stat. 4835; 114 Stat. 
     2763A-219), if the funds are authorized to be used for the 
     purpose of that project.

     SEC. 3009. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND 
                   LOUISIANA.

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

     SEC. 3010. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

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

     SEC. 3011. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND 
                   MISSOURI.

       (a) In General.--The Secretary shall convey to the State of 
     Arkansas, without monetary consideration and subject to 
     subsection (b), all right, title, and interest to land within 
     the State acquired by the Federal Government as mitigation 
     land for the project for flood control, St. Francis Basin, 
     Arkansas and Missouri Project, authorized by the Act of May 
     15, 1928 (33 U.S.C. 702a et seq.) (commonly known as the 
     ``Flood Control Act of 1928'').
       (b) Terms and Conditions.--
       (1) In general.--The conveyance by the United States under 
     this section shall be subject to--
       (A) the condition that the State of Arkansas (including the 
     successors and assigns of the State) agree to operate, 
     maintain, and manage the land at no cost or expense to the 
     United States and for fish and wildlife, recreation, and 
     environmental purposes; and
       (B) such other terms and conditions as the Secretary 
     determines to be in the interest of the United States.
       (2) Reversion.--If the State (or a successor or assign of 
     the State) ceases to operate, maintain, and manage the land 
     in accordance with this subsection, all right, title, and 
     interest in and to the property shall revert to the United 
     States, at the option of the Secretary.

     SEC. 3012. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, 
                   ARKANSAS AND OKLAHOMA.

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

     SEC. 3013. CACHE CREEK BASIN, CALIFORNIA.

       (a) In General.--The project for flood control, Cache Creek 
     Basin, California, authorized by section 401(a) of the Water 
     Resources Development Act of 1986 (100 Stat. 4112), is 
     modified to direct the Secretary to mitigate the impacts of 
     the new south levee of the Cache Creek settling basin on the 
     storm drainage system of the city of Woodland, including all 
     appurtenant features, erosion control measures, and 
     environmental protection features.
       (b) Objectives.--Mitigation under subsection (a) shall 
     restore the pre-project capacity of the city (1,360 cubic 
     feet per second) to release water to the Yolo Bypass, 
     including--
       (1) channel improvements;
       (2) an outlet work through the west levee of the Yolo 
     Bypass; and
       (3) a new low flow cross channel to handle city and county 
     storm drainage and settling basin flows (1,760 cubic feet per 
     second) when the Yolo Bypass is in a low flow condition.

     SEC. 3014. CALFED LEVEE STABILITY PROGRAM, CALIFORNIA.

       In addition to funds made available pursuant to the Water 
     Supply, Reliability, and Environmental Improvement Act 
     (Public Law 108-361) to carry out section 103(f)(3)(D) of 
     that Act (118 Stat. 1696), there is authorized to be 
     appropriated to carry out projects described in that section 
     $106,000,000, to remain available until expended.

     SEC. 3015. HAMILTON AIRFIELD, CALIFORNIA.

       The project for environmental restoration, Hamilton 
     Airfield, California, authorized by section 101(b)(3) of the 
     Water Resources Development Act of 1999 (113 Stat. 279), is 
     modified to include the diked bayland parcel known as ``Bel 
     Marin Keys Unit V'' at an estimated total cost of 
     $221,700,000, with an estimated Federal cost of $166,200,000 
     and an estimated non-Federal cost of $55,500,000, as part of 
     the project to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated July 19, 2004.

     SEC. 3016. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE 
                   DESIGNATION, CALIFORNIA.

       Section 102(c)(4) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in 
     the third sentence by striking ``January 1, 2003'' and 
     inserting ``January 1, 2011''.

     SEC. 3017. LARKSPUR FERRY CHANNEL, CALIFORNIA.

       (a) Report.--The project for navigation, Larkspur Ferry 
     Channel, Larkspur, California, authorized by section 601(d) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4148), is modified to direct the Secretary to prepare a 
     limited reevaluation report to determine whether maintenance 
     of the project is feasible.
       (b) Authorization of Project.--If the Secretary determines 
     that maintenance of the project is feasible, the Secretary 
     shall carry out the maintenance.

     SEC. 3018. LLAGAS CREEK, CALIFORNIA.

       The project for flood damage reduction, Llagas Creek, 
     California, authorized by section 501(a) of the Water 
     Resources Development Act of 1999 (113 Stat. 333), is 
     modified to authorize the Secretary to complete the project, 
     in accordance with the requirements of local cooperation as 
     specified in section 5 of the Watershed Protection and Flood 
     Prevention Act (16 U.S.C. 1005), at a total remaining cost of 
     $105,000,000, with an estimated remaining Federal cost of 
     $65,000,000 and an estimated remaining non-Federal cost of 
     $40,000,000.

     SEC. 3019. MAGPIE CREEK, CALIFORNIA.

       The project for Magpie Creek, California, authorized by 
     section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), is modified to direct the Secretary to apply the cost-
     sharing requirements 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.

     SEC. 3020. PETALUMA RIVER, PETALUMA, CALIFORNIA.

       The project for flood damage reduction, Petaluma River, 
     Petaluma, California, authorized by section 112 of the Water 
     Resources Development Act of 2000 (114 Stat.

[[Page 12027]]

     2587), is modified to authorize the Secretary to construct 
     the project at a total cost of $41,500,000, with an estimated 
     Federal cost of $26,975,000 and an estimated non-Federal cost 
     of $14,525,000.

     SEC. 3021. PINE FLAT DAM FISH AND WILDLIFE HABITAT, 
                   CALIFORNIA.

       (a) Cooperative Program.--
       (1) In general.--The Secretary shall participate with 
     appropriate State and local agencies in the implementation of 
     a cooperative program to improve and manage fisheries and 
     aquatic habitat conditions in Pine Flat Reservoir and in the 
     14-mile reach of the Kings River immediately below Pine Flat 
     Dam, California, in a manner that--
       (A) provides for long-term aquatic resource enhancement; 
     and
       (B) avoids adverse effects on water storage and water 
     rights holders.
       (2) Goals and principles.--The cooperative program 
     described in paragraph (1) shall be carried out--
       (A) substantially in accordance with the goals and 
     principles of the document entitled ``Kings River Fisheries 
     Management Program Framework Agreement'' and dated May 29, 
     1999, between the California Department of Fish and Game and 
     the Kings River Water Association and the Kings River 
     Conservation District; and
       (B) in cooperation with the parties to that agreement.
       (b) Participation by Secretary.--
       (1) In general.--In furtherance of the goals of the 
     agreement described in subsection (a)(2), the Secretary shall 
     participate in the planning, design, and construction of 
     projects and pilot projects on the Kings River and its 
     tributaries to enhance aquatic habitat and water availability 
     for fisheries purposes (including maintenance of a trout 
     fishery) in accordance with flood control operations, water 
     rights, and beneficial uses in existence as of the date of 
     enactment of this Act.
       (2) Projects.--Projects referred to in paragraph (1) may 
     include--
       (A) projects to construct or improve pumping, conveyance, 
     and storage facilities to enhance water transfers; and
       (B) projects to carry out water exchanges and create 
     opportunities to use floodwater within and downstream of Pine 
     Flat Reservoir.
       (c) No Authorization of Certain Dam-Related Projects.--
     Nothing in this section authorizes any project for the 
     raising of Pine Flat Dam or the construction of a multilevel 
     intake structure at Pine Flat Dam.
       (d) Use of Existing Studies.--In carrying out this section, 
     the Secretary shall use, to the maximum extent practicable, 
     studies in existence on the date of enactment of this Act, 
     including data and environmental documentation in the 
     document entitled ``Final Feasibility Report and Report of 
     the Chief of Engineers for Pine Flat Dam Fish and Wildlife 
     Habitat Restoration'' and dated July 19, 2002.
       (e) Cost Sharing.--
       (1) Project planning, design, and construction.--The 
     Federal share of the cost of planning, design, and 
     construction of a project under subsection (b) shall be 65 
     percent.
       (2) Non-federal share.--
       (A) Credit for land, easements, and rights-of-way.--The 
     Secretary shall credit toward the non-Federal share of the 
     cost of construction of any project under subsection (b) the 
     value, regardless of the date of acquisition, of any land, 
     easements, rights-of-way, dredged material disposal areas, or 
     relocations provided by the non-Federal interest for use in 
     carrying out the project.
       (B) Form.--The non-Federal interest may provide not more 
     than 50 percent of the non-Federal share required under this 
     clause in the form of services, materials, supplies, or other 
     in-kind contributions.
       (f) Operation and Maintenance.--The operation, maintenance, 
     repair, rehabilitation, and replacement of projects carried 
     out under this section shall be a non-Federal responsibility.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 3022. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.

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

     SEC. 3023. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, 
                   CALIFORNIA.

       (a) Credit for Non-Federal Work.--
       (1) In general.--The Secretary shall provide credit to the 
     Sacramento Area Flood Control Agency, in the amount of 
     $20,503,000, for the nonreimbursed Federal share of costs 
     incurred by the Agency in connection with 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).
       (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.
       (3) No reimbursement.--An amount credited under this 
     subsection shall not be available for reimbursement.
       (b) Project for Flood Control.--
       (1) In general.--The project for flood control, American 
     and Sacramento Rivers, California, authorized by section 
     101(a)(6)(A) of the Water Resources Development Act of 1999 
     (113 Stat. 274), 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 March 2007, at a total cost of $683,000,000, with an 
     estimated Federal cost of $444,000,000 and an estimated non-
     Federal cost of $239,000,000.
       (2) Dam safety.--Nothing in this section limits the 
     authority of the Secretary of the Interior to carry out dam 
     safety activities in connection with the auxiliary spillway 
     in accordance with the Bureau of Reclamation Safety of Dams 
     Program.
       (3) Transfer of funds.--
       (A) In general.--The Secretary and the Secretary of the 
     Interior are authorized to transfer between the Department of 
     the Army and the Department of the Interior appropriated 
     amounts and other available funds (including funds 
     contributed by non-Federal interests) for the purpose of 
     planning, design, and construction of the auxiliary spillway.
       (B) Terms and conditions.--Any transfer made pursuant to 
     this subsection shall be subject to such terms and conditions 
     as may be agreed on by the Secretary and the Secretary of the 
     Interior.

     SEC. 3024. SACRAMENTO RIVER BANK PROTECTION PROJECT, 
                   CALIFORNIA.

       Section 202 of the River Basin Monetary Authorization Act 
     of 1974 (88 Stat. 49) is amended by striking ``and the 
     monetary authorization'' and all that follows through the end 
     of the section and inserting ``except that the lineal feet in 
     the second phase shall be increased from 405,000 lineal feet 
     to 485,000 lineal feet.''.

     SEC. 3025. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT 
                   OF SAN FRANCISCO, CALIFORNIA.

       (a) Conditional Declaration of Nonnavigability.--If the 
     Secretary determines, in consultation with appropriate 
     Federal and non-Federal entities, that projects proposed to 
     be carried out by non-Federal entities within the portions of 
     the San Francisco, California, waterfront described in 
     subsection (b) are in the public interest, the portions shall 
     be declared not to be navigable water of the United States 
     for the purposes of section 9 of the Act of March 3, 1899 (33 
     U.S.C. 401), and the General Bridge Act of 1946 (33 U.S.C. 
     525 et seq.).
       (b) Portions of Waterfront.--The portions of the San 
     Francisco, California, waterfront referred to in subsection 
     (a) are those that are, or will be, bulkheaded, filled, or 
     otherwise occupied by permanent structures and that are 
     located as follows: beginning at the intersection of the 
     northeasterly prolongation of the portion of the 
     northwesterly line of Bryant Street lying between Beale 
     Street and Main Street with the southwesterly line of Spear 
     Street, which intersection lies on the line of jurisdiction 
     of the San Francisco Port Commission; following thence 
     southerly along said line of jurisdiction as described in the 
     State of California Harbor and Navigation Code Section 1770, 
     as amended in 1961, to its intersection with the easterly 
     line of Townsend Street along a line that is parallel and 
     distant 10 feet from the existing southern boundary of Pier 
     40 to its point of intersection with the United States 
     Government pier-head line; thence northerly along said pier-
     head line to its intersection with a line parallel with, and 
     distant 10 feet easterly from, the existing easterly boundary 
     line of Pier 30-32; thence northerly along said parallel line 
     and its northerly prolongation, to a point of intersection 
     with a line parallel with, and distant 10 feet northerly 
     from, the existing northerly boundary of Pier 30-32, thence 
     westerly along last said parallel line to its intersection 
     with the United States Government pier-head line; to the 
     northwesterly line of Bryan Street northwesterly; thence 
     southwesterly along said northwesterly line of Bryant Street 
     to the point of beginning.
       (c) Requirement That Area Be Improved.--If, by the date 
     that is 20 years after the date of enactment of this Act, any 
     portion of the San Francisco, California, waterfront 
     described in subsection (b) has not been bulkheaded, filled, 
     or otherwise occupied by 1 or more permanent structures, or 
     if work in connection with any activity carried out pursuant 
     to applicable Federal law requiring a permit, including 
     sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 
     401), is not commenced by the date that is 5 years after the 
     date of issuance of such a permit, the declaration of 
     nonnavigability for the portion under this section shall 
     cease to be effective.

     SEC. 3026. SALTON SEA RESTORATION, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) Salton sea authority.--The term ``Salton Sea 
     Authority'' means the Joint Powers Authority established 
     under the laws of the State of California by a joint power 
     agreement signed on June 2, 1993.

[[Page 12028]]

       (2) Salton sea science office.--The term ``Salton Sea 
     Science Office'' means the Office established by the United 
     States Geological Survey and currently located in La Quinta, 
     California.
       (b) Pilot Projects.--
       (1) In general.--
       (A) Review.--The Secretary shall review the preferred 
     restoration concept plan approved by the Salton Sea Authority 
     to determine whether the pilot projects are economically 
     justified, technically sound, environmentally acceptable, and 
     meet the objectives of the Salton Sea Reclamation Act (Public 
     Law 105-372).
       (B) Implementation.--If the Secretary determines that the 
     pilot projects meet the requirements of subparagraph (A), the 
     Secretary may enter into an agreement with the Salton Sea 
     Authority and, in consultation with the Salton Sea Science 
     Office, carry out pilot projects for improvement of the 
     environment in the area of the Salton Sea, except that the 
     Secretary shall be a party to each contract for construction 
     under this subsection.
       (2) Local participation.--In prioritizing pilot projects 
     under this section, the Secretary shall--
       (A) consult with the Salton Sea Authority and the Salton 
     Sea Science Office; and
       (B) consider the priorities of the Salton Sea Authority.
       (3) Cost sharing.--Before carrying out a pilot project 
     under this section, the Secretary shall enter into a written 
     agreement with the Salton Sea Authority that requires the 
     non-Federal interest to--
       (A) pay 35 percent of the total costs of the pilot project;
       (B) provide any land, easements, rights-of-way, 
     relocations, and dredged material disposal areas necessary to 
     carry out the pilot project; and
       (C) hold the United States harmless from any claim or 
     damage that may arise from carrying out the pilot project, 
     except any claim or damage that may arise from the negligence 
     of the Federal Government or a contractor of the Federal 
     Government.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (b) $30,000,000, 
     of which not more than $5,000,000 may be used for any 1 pilot 
     project under this section.

     SEC. 3027. SANTA BARBARA STREAMS, LOWER MISSION CREEK, 
                   CALIFORNIA.

       The project for flood damage reduction, Santa Barbara 
     Streams, Lower Mission Creek, California, authorized by 
     section 101(b)(8) of the Water Resources Development Act of 
     2000 (114 Stat. 2577), is modified to authorize the Secretary 
     to construct the project at a total cost of $30,000,000, with 
     an estimated Federal cost of $15,000,000 and an estimated 
     non-Federal cost of $15,000,000.

     SEC. 3028. UPPER GUADALUPE RIVER, CALIFORNIA.

       The project for flood damage reduction and recreation, 
     Upper Guadalupe River, California, authorized by section 
     101(a)(9) of the Water Resources Development Act of 1999 (113 
     Stat. 275), is modified to authorize the Secretary to 
     construct the project generally in accordance with the Upper 
     Guadalupe River Flood Damage Reduction, San Jose, California, 
     Limited Reevaluation Report, dated March, 2004, at a total 
     cost of $244,500,000, with an estimated Federal cost of 
     $130,600,000 and an estimated non-Federal cost of 
     $113,900,000.

     SEC. 3029. YUBA RIVER BASIN PROJECT, CALIFORNIA.

       The project for flood damage reduction, Yuba River Basin, 
     California, authorized by section 101(a)(10) of the Water 
     Resources Development Act of 1999 (113 Stat. 275), is 
     modified to authorize the Secretary to construct the project 
     at a total cost of $107,700,000, with an estimated Federal 
     cost of $70,000,000 and an estimated non-Federal cost of 
     $37,700,000.

     SEC. 3030. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN 
                   HARBOR, CONNECTICUT.

       The western breakwater for the project for navigation, New 
     Haven Harbor, Connecticut, authorized by the first section of 
     the Act of September 19, 1890 (26 Stat. 426), shall be known 
     and designated as the ``Charles Hervey Townshend 
     Breakwater''.

     SEC. 3031. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.

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

     SEC. 3032. NORWALK HARBOR, CONNECTICUT.

       (a) In General.--The portions of a 10-foot channel of the 
     project for navigation, Norwalk Harbor, Connecticut, 
     authorized by the first section of the Act of March 2, 1919 
     (40 Stat. 1276) and described in subsection (b), are not 
     authorized.
       (b) Description of Portions.--The portions of the channel 
     referred to in subsection (a) are as follows:
       (1) Rectangular portion.--An approximately rectangular-
     shaped section along the northwesterly terminus of the 
     channel. The section is 35-feet wide and about 460-feet long 
     and is further described as commencing at a point N. 
     104,165.85, E. 417,662.71, thence running south 2406'55" E. 
     395.00 feet to a point N. 103,805.32, E. 417,824.10, thence 
     running south 0038'06" E. 87.84 feet to a point N. 
     103,717.49, E. 417,825.07, thence running north 2406'55" W. 
     480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence 
     running north 7305'25" E. 35.28 feet to the point of origin.
       (2) Parallelogram-shaped portion.--An area having the 
     approximate shape of a parallelogram along the northeasterly 
     portion of the channel, southeast of the area described in 
     paragraph (1), approximately 20 feet wide and 260 feet long, 
     and further described as commencing at a point N. 103,855.48, 
     E. 417,849.99, thence running south 3307'30" E. 133.40 feet 
     to a point N. 103,743.76, E. 417,922.89, thence running south 
     2407'04" E. 127.75 feet to a point N. 103,627.16, E. 
     417,975.09, thence running north 3307'30" W. 190.00 feet to 
     a point N. 103,786.28, E. 417,871.26, thence running north 
     1705'15" W. 72.39 feet to the point of origin.
       (c) Modification.--The 10-foot channel portion of the 
     Norwalk Harbor, Connecticut navigation project described in 
     subsection (a) is modified to authorize the Secretary to 
     realign the channel to include, immediately north of the area 
     described in subsection (b)(2), a triangular section 
     described as commencing at a point N. 103,968.35, E. 
     417,815.29, thence running S. 1705'15" east 118.09 feet to a 
     point N. 103,855.48, E. 417,849.99, thence running N. 
     3307'30" west 36.76 feet to a point N. 103,886.27, E. 
     417,829.90, thence running N. 1005'26" west 83.37 feet to 
     the point of origin.

     SEC. 3033. ST. GEORGE'S BRIDGE, DELAWARE.

       Section 102(g) of the Water Resources Development Act of 
     1990 (104 Stat. 4612) is amended by adding at the end the 
     following: ``The Secretary shall assume ownership 
     responsibility for the replacement bridge not later than the 
     date on which the construction of the bridge is completed and 
     the contractors are released of their responsibility by the 
     State. In addition, the Secretary may not carry out any 
     action to close or remove the St. George's Bridge, Delaware, 
     without specific congressional authorization.''.

     SEC. 3034. ADDITIONAL PROGRAM AUTHORITY, COMPREHENSIVE 
                   EVERGLADES RESTORATION, FLORIDA.

       Section 601(c)(3) of the Water Resources Development Act of 
     2000 (114 Stat. 2684) is amended by adding at the end the 
     following:
       ``(C) Maximum cost of program authority.--Section 902 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2280) 
     shall apply to the individual project funding limits in 
     subparagraph (A) and the aggregate cost limits in 
     subparagraph (B).''.

     SEC. 3035. BREVARD COUNTY, FLORIDA.

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

     SEC. 3036. CRITICAL RESTORATION PROJECTS, EVERGLADES AND 
                   SOUTH FLORIDA ECOSYSTEM RESTORATION, FLORIDA.

       Section 528(b)(3)(C) of the Water Resources Development Act 
     of 1996 (110 Stat. 3769) is amended--
       (1) in clause (i), by striking ``$75,000,000'' and all that 
     follows and inserting ``$95,000,000.''; and
       (2) by striking clause (ii) and inserting the following:
       ``(ii) Federal share.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Federal share of the cost of carrying out a project under 
     subparagraph (A) shall not exceed $25,000,000.
       ``(II) Seminole water conservation plan.--The Federal share 
     of the cost of carrying out the Seminole Water Conservation 
     Plan shall not exceed $30,000,000.''.

     SEC. 3037. LAKE OKEECHOBEE AND HILLSBORO AQUIFER PILOT 
                   PROJECTS, COMPREHENSIVE EVERGLADES RESTORATION, 
                   FLORIDA.

       Section 601(b)(2)(B) of the Water Resources Development Act 
     of 2000 (114 Stat. 2681) is amended by adding at the end the 
     following:
       ``(v) Hillsboro and okeechobee aquifer, florida.--The pilot 
     projects for aquifer storage and recovery, Hillsboro and 
     Okeechobee Aquifer, Florida, authorized by section 101(a)(16) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     276), shall be treated for the purposes of this section as 
     being in the Plan and carried out in accordance with this 
     section, except that costs of operation and maintenance of 
     those projects shall remain 100 percent non-Federal.''.

     SEC. 3038. LIDO KEY, SARASOTA COUNTY, FLORIDA.

       The Secretary shall carry out the project for hurricane and 
     storm damage reduction in

[[Page 12029]]

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

     SEC. 3039. PORT SUTTON CHANNEL, TAMPA HARBOR, FLORIDA.

       The project for navigation, Port Sutton Channel, Tampa 
     Harbor, Florida, authorized by section 101(b)(12) of the 
     Water Resources Development Act of 2000 (114 Stat. 2577), is 
     modified to authorize the Secretary to carry out the project 
     at a total cost of $12,900,000.

     SEC. 3040. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

       The project for navigation, Tampa Harbor, Florida, 
     authorized by section 101 of the River and Harbor Act of 1970 
     (84 Stat. 1818), is modified to authorize the Secretary to 
     construct passing lanes in an area approximately 3.5 miles 
     long and centered on Tampa Bay Cut B, if the Secretary 
     determines that the improvements are necessary for navigation 
     safety.

     SEC. 3041. ALLATOONA LAKE, GEORGIA.

       (a) Land Exchange.--
       (1) In general.--The Secretary may exchange land above 863 
     feet in elevation at Allatoona Lake, Georgia, identified in 
     the Real Estate Design Memorandum prepared by the Mobile 
     district engineer, April 5, 1996, and approved October 8, 
     1996, for land on the north side of Allatoona Lake that is 
     required for wildlife management and protection of the water 
     quality and overall environment of Allatoona Lake.
       (2) Terms and conditions.--The basis for all land exchanges 
     under this subsection shall be a fair market appraisal to 
     ensure that land exchanged is of equal value.
       (b) Disposal and Acquisition of Land, Allatoona Lake, 
     Georgia.--
       (1) In general.--The Secretary may--
       (A) sell land above 863 feet in elevation at Allatoona 
     Lake, Georgia, identified in the memorandum referred to in 
     subsection (a)(1); and
       (B) use the proceeds of the sale, without further 
     appropriation, to pay costs associated with the purchase of 
     land required for wildlife management and protection of the 
     water quality and overall environment of Allatoona Lake.
       (2) Terms and conditions.--
       (A) Willing sellers.--Land acquired under this subsection 
     shall be by negotiated purchase from willing sellers only.
       (B) Basis.--The basis for all transactions under this 
     subsection shall be a fair market value appraisal acceptable 
     to the Secretary.
       (C) Sharing of costs.--Each purchaser of land under this 
     subsection shall share in the associated environmental and 
     real estate costs of the purchase, including surveys and 
     associated fees in accordance with the memorandum referred to 
     in subsection (a)(1).
       (D) Other conditions.--The Secretary may impose on the sale 
     and purchase of land under this subsection such other 
     conditions as the Secretary determines to be appropriate.
       (c) Repeal.--Section 325 of the Water Resources Development 
     Act of 1992 (106 Stat. 4849) is repealed.

     SEC. 3042. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

       (a) In General.--The Secretary shall carry out additional 
     general construction measures to allow for operation at lower 
     pool levels to satisfy the recreation mission at Dworshak 
     Dam, Idaho.
       (b) Improvements.--In carrying out subsection (a), the 
     Secretary shall provide for appropriate improvements to--
       (1) facilities that are operated by the Corps of Engineers; 
     and
       (2) facilities that, as of the date of enactment of this 
     Act, are leased, permitted, or licensed for use by others.
       (c) Cost Sharing.--The Secretary shall carry out this 
     section through a cost-sharing program with Idaho State Parks 
     and Recreation Department, with a total estimated project 
     cost of $5,300,000, with an estimated Federal cost of 
     $3,900,000 and an estimated non-Federal cost of $1,400,000.

     SEC. 3043. LITTLE WOOD RIVER, GOODING, IDAHO.

       The project for flood control, Gooding, Idaho, as 
     constructed under the emergency conservation work program 
     established under the Act of March 31, 1933 (16 U.S.C. 585 et 
     seq.), is modified--
       (1) to direct the Secretary to rehabilitate the Gooding 
     Channel Project for the purposes of flood control and 
     ecosystem restoration, if the Secretary determines that the 
     rehabilitation and ecosystem restoration is feasible;
       (2) to authorize and direct the Secretary to plan, design, 
     and construct the project at a total cost of $9,000,000;
       (3) to authorize the non-Federal interest to provide any 
     portion of the non-Federal share of the cost of the project 
     in the form of services, materials, supplies, or other in-
     kind contributions;
       (4) to authorize the non-Federal interest to use funds made 
     available under any other Federal program toward the non-
     Federal share of the cost of the project if the use of the 
     funds is permitted under the other Federal program; and
       (5) to direct the Secretary, in calculating the non-Federal 
     share of the cost of the project, to make a determination 
     under section 103(m) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2213(m)) on the ability to pay of the non-
     Federal interest.

     SEC. 3044. PORT OF LEWISTON, IDAHO.

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

     SEC. 3045. CACHE RIVER LEVEE, ILLINOIS.

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

     SEC. 3046. CHICAGO, ILLINOIS.

       Section 425(a) of the Water Resources Development Act of 
     2000 (114 Stat. 2638) is amended by inserting ``Lake Michigan 
     and'' before ``the Chicago River''.

     SEC. 3047. CHICAGO RIVER, ILLINOIS.

       The Federal navigation channel for the North Branch Channel 
     portion of the Chicago River authorized by section 22 of the 
     Act of March 3, 1899 (30 Stat. 1156, chapter 425), extending 
     from 100 feet downstream of the Halsted Street Bridge to 100 
     feet upstream of the Division Street Bridge, Chicago, 
     Illinois, is redefined to be no wider than 66 feet.

     SEC. 3048. ILLINOIS RIVER BASIN RESTORATION.

       Section 519 of the Water Resources Development Act of 2000 
     (114 Stat. 2654) is amended--
       (1) in subsection (c)(3), by striking ``$5,000,000'' and 
     inserting ``$20,000,000''; and
       (2) by adding at the end the following:
       ``(h) Cooperation.--In carrying out this section, the 
     Secretary may enter into cooperative agreements, including 
     with the State of Illinois, academic institutions, units of 
     local governments, and soil and water conservation districts, 
     to facilitate more efficient partnerships in developing and 
     implementing the Illinois River Basin Restoration Program.''.

     SEC. 3049. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS 
                   RECONSTRUCTION PILOT PROGRAM.

       (a) Definition of Reconstruction.--In this section:
       (1) In general.--The term ``reconstruction'' means any 
     action taken to address 1 or more major deficiencies of a 
     project caused by long-term degradation of the foundation, 
     construction materials, or engineering systems or components 
     of the project, the results of which render the project at 
     risk of not performing in compliance with the authorized 
     purposes of the project.
       (2) Inclusions.--The term ``reconstruction'' includes the 
     incorporation by the Secretary of current design standards 
     and efficiency improvements in a project if the incorporation 
     does not significantly change the authorized scope, function, 
     or purpose of the project.
       (b) Participation by Secretary.--The Secretary may 
     participate in the reconstruction of flood control projects 
     within Missouri and Illinois as a pilot program if the 
     Secretary determines that such reconstruction is not required 
     as a result of improper operation and maintenance by the non-
     Federal interest.
       (c) Cost Sharing.--
       (1) In general.--Costs for reconstruction of a project 
     under this section shall be shared by the Secretary and the 
     non-Federal interest in the same percentages as the costs of 
     construction of the original project were shared.
       (2) Operation, maintenance, and repair costs.--The costs of 
     operation, maintenance, repair, and rehabilitation of a 
     project carried out under this section shall be a non-Federal 
     responsibility.
       (d) Critical Projects.--In carrying out this section, the 
     Secretary shall give priority to the following projects:
       (1) Clear Creek Drainage and Levee District, Illinois.
       (2) Fort Chartres and Ivy Landing Drainage District, 
     Illinois.

[[Page 12030]]

       (3) Wood River Drainage and Levee District, Illinois.
       (4) City of St. Louis, Missouri.
       (5) Missouri River Levee Drainage District, Missouri.
       (e) Economic Justification.--Reconstruction efforts and 
     activities carried out under this section shall not require 
     economic justification.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000, to 
     remain available until expended.

     SEC. 3050. SPUNKY BOTTOM, ILLINOIS.

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

     SEC. 3051. STRAWN CEMETERY, JOHN REDMOND LAKE, KANSAS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary, acting through the 
     Tulsa District of the Corps of Engineers, shall transfer to 
     Pleasant Township, Coffey County, Kansas, for use as the New 
     Strawn Cemetery, all right, title, and interest of the United 
     States in and to the land described in subsection (c).
       (b) Reversion.--If the land transferred under this section 
     ceases at any time to be used as a nonprofit cemetery or for 
     another public purpose, the land shall revert to the United 
     States.
       (c) Description.--The land to be conveyed under this 
     section is a tract of land near John Redmond Lake, Kansas, 
     containing approximately 3 acres and lying adjacent to the 
     west line of the Strawn Cemetery located in the SE corner of 
     the NE\1/4\ of sec. 32, T. 20 S., R. 14 E., Coffey County, 
     Kansas.
       (d) Consideration.--
       (1) In general.--The conveyance under this section shall be 
     at fair market value.
       (2) Costs.--All costs associated with the conveyance shall 
     be paid by Pleasant Township, Coffey County, Kansas.
       (e) Other Terms and Conditions.--The conveyance under this 
     section shall be subject to such other terms and conditions 
     as the Secretary considers necessary to protect the interests 
     of the United States.

     SEC. 3052. MILFORD LAKE, MILFORD, KANSAS.

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

     SEC. 3053. OHIO RIVER BASIN COMPREHENSIVE PLAN.

       The Secretary is authorized to conduct a comprehensive, 
     basin-wide plan of the Ohio River Basin to identify the 
     investments and reinvestments in system components that would 
     be necessary and advisable--
       (1) to ensure protection of lives and property in the area 
     of the Basin; and
       (2) to sustain the purposes (including flood damage 
     reduction, ecosystem restoration and protection, water 
     supply, recreation, and related purposes) for which the Basin 
     system was developed.

     SEC. 3054. HICKMAN BLUFF STABILIZATION, KENTUCKY.

       The project for Hickman Bluff, Kentucky, authorized by 
     chapter II of title II of the Emergency Supplemental 
     Appropriations and Rescissions for the Department of Defense 
     to Preserve and Enhance Military Readiness Act of 1995 (109 
     Stat. 85), is modified to authorize the Secretary to repair 
     and restore the project, at full Federal expense, with no 
     further economic studies or analyses, at a total cost of not 
     more than $250,000.

     SEC. 3055. MCALPINE LOCK AND DAM, KENTUCKY AND INDIANA.

       Section 101(a)(10) of the Water Resources Development Act 
     of 1990 (104 Stat. 4606) is amended by striking 
     ``$219,600,000'' each place it appears and inserting 
     ``$430,000,000''.

     SEC. 3056. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, 
                   LOUISIANA.

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

     SEC. 3057. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN 
                   FLOODWAY SYSTEM, LOUISIANA.

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

     SEC. 3058. CALCASIEU RIVER AND PASS, LOUISIANA.

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

[[Page 12031]]



     SEC. 3059. EAST BATON ROUGE PARISH, LOUISIANA.

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

     SEC. 3060. MISSISSIPPI RIVER GULF OUTLET RELOCATION 
                   ASSISTANCE, LOUISIANA.

       (a) Port Facilities Relocation.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $75,000,000, to remain available until 
     expended, to support the relocation of Port of New Orleans 
     deep draft facilities from the Mississippi River Gulf Outlet 
     (referred to in this section as the ``Outlet''), the Gulf 
     Intercoastal Waterway, and the Inner Harbor Navigation Canal 
     to the Mississippi River.
       (2) Administration.--
       (A) In general.--Amounts appropriated pursuant to paragraph 
     (1) shall be administered by the Assistant Secretary for 
     Economic Development (referred to in this section as the 
     ``Assistant Secretary'') pursuant to sections 209(c)(2) and 
     703 of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. 3149(c)(2), 3233).
       (B) Requirement.--The Assistant Secretary shall make 
     amounts appropriated pursuant to paragraph (1) available to 
     the Port of New Orleans to relocate to the Mississippi River 
     within the State of Louisiana the port-owned facilities that 
     are occupied by businesses in the vicinity that may be 
     impacted due to the treatment of the Outlet under the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (b) Revolving Loan Fund Grants.--There is authorized to be 
     appropriated to the Assistant Secretary $85,000,000, to 
     remain available until expended, to provide assistance 
     pursuant to sections 209(c)(2) and 703 of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2), 
     3233) to 1 or more eligible recipients to establish revolving 
     loan funds to make loans for terms up to 20 years at or below 
     market interest rates (including interest-free loans) to 
     private businesses within the Port of New Orleans that may 
     need to relocate to the Mississippi River within the State of 
     Louisiana due to the treatment of the Outlet under the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (c) Coordination With Secretary.--The Assistant Secretary 
     shall ensure that the programs described in subsections (a) 
     and (b) are fully coordinated with the Secretary to ensure 
     that facilities are relocated in a manner that is consistent 
     with the analysis and design of comprehensive hurricane 
     protection authorized by title I of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247).
       (d) Administrative Expenses.--The Assistant Secretary may 
     use up to 2 percent of the amounts made available under 
     subsections (a) and (b) for administrative expenses.

     SEC. 3061. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 
                   LOUISIANA.

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

     SEC. 3062. 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 $25,000,000.

     SEC. 3063. ROCKLAND HARBOR, MAINE.

       As of the date of enactment of this Act, the portion of the 
     project for navigation, Rockland Harbor, Maine, authorized by 
     the Act of June 3, 1896 (29 Stat. 202, chapter 314), 
     consisting of a 14-foot channel located in Lermond Cove and 
     beginning at a point with coordinates N. 99977.37, E. 
     340290.02, thence running easterly about 200.00 feet to a 
     point with coordinates N. 99978.49, E. 340490.02, thence 
     running northerly about 138.00 feet to a point with 
     coordinates N. 100116.49, E. 340289.25, thence running 
     westerly about 200.00 feet to a point with coordinates N. 
     100115.37, E. 340289.25, thence running southerly about 
     138.00 feet to the point of origin, is not authorized.

     SEC. 3064. ROCKPORT HARBOR, MAINE.

       (a) In General.--The portion of the project for navigation, 
     Rockport Harbor, Maine, authorized by the first section of 
     the Act of August 11, 1888 (25 Stat. 400), located within the 
     12-foot anchorage described in subsection (b) is not 
     authorized.
       (b) Description of Anchorage.--The anchorage referred to in 
     subsection (a) is more particularly described as--
       (1) beginning at the westernmost point of the anchorage at 
     N. 128800.00, E. 349311.00;
       (2) thence running north 12 degrees, 52 minutes, 37.2 
     seconds, east 127.08 feet to a point at N. 128923.88, 
     E349339.32;
       (3) thence running north 17 degrees, 40 minutes, 13.0 
     seconds, east 338.61 feet to a point at N. 129246.51, E/ 
     349442.10;
       (4) thence running south 89 degrees, 21 minutes, 21.0 
     seconds, east 45.36 feet to a point at N. 129246.00, E. 
     349487.46;
       (5) thence running south 44 degrees, 13 minutes, 32.6 
     seconds, east 18.85 feet to a point at N. 129232.49, E. 
     349500.61;
       (6) thence running south 17 degrees, 40 minutes 13.0 
     seconds, west 340.50 feet to a point at N. 128908.06, E. 
     349397.25;
       (7) thence running south 12 degrees, 52 minutes, 37.2 
     seconds, west 235.41 feet to a point at N. 128678.57, E. 
     349344.79; and
       (8) thence running north 15 degrees, 32 minutes, 59.3 
     seconds, west 126.04 feet to the point of origin.

     SEC. 3065. 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 (74 Stat. 486), and described as a 6-foot deep, 
     10-acre maneuvering basin located at the head of navigation, 
     is redesignated as an anchorage area.

     SEC. 3066. UNION RIVER, MAINE.

       The project for navigation, Union River, Maine, authorized 
     by the first section of the Act of June 3, 1896 (29 Stat. 
     215, chapter 314), is modified by redesignating as an 
     anchorage area that portion of the project consisting of a 6-
     foot turning basin and lying northerly of a line commencing 
     at a point N. 315,975.13, E. 1,004,424.86, thence running N. 
     61 27' 20.71" W. about 132.34 feet to a point N. 316,038.37, 
     E. 1,004,308.61.

     SEC. 3067. BALTIMORE HARBOR AND CHANNELS, MARYLAND AND 
                   VIRGINIA.

       (a) In General.--Notwithstanding section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)), the project for navigation, Baltimore Harbor and 
     Channels, Maryland and Virginia, authorized by section 101 of 
     the River and Harbor Act of 1970 (84 Stat. 1818), shall 
     remain authorized to be carried out by the Secretary.
       (b) Limitation.--The project described in subsection (a) 
     shall not be authorized for construction after the last day 
     of the 5-year period beginning on the date of enactment of 
     this Act, unless, during that period, funds have been 
     obligated for the construction (including planning and 
     design) of the project.

     SEC. 3068. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM, MARYLAND, PENNSYLVANIA, AND 
                   VIRGINIA.

       (a) Authorization of Appropriations.--Section 510 of the 
     Water Resources Development Act of 1996 (110 Stat. 3759) is 
     amended--
       (1) in subsection (a)(1), by striking ``pilot'';
       (2) in subsection (d)(2), by adding at the end the 
     following:
       ``(C) In-kind services.--The non-Federal share of the 
     project costs of a partnership agreement entered into under 
     this section may include in-kind services.'';
       (3) by striking subsection (f) and inserting the following:
       ``(f) Projects.--The Secretary may carry out projects under 
     this section in the States of Delaware, New York, Maryland, 
     Pennsylvania, Virginia, and West Virginia, and the District 
     of Columbia.''; and
       (4) in subsection (i), by striking ``$10,000,000'' and 
     inserting ``$30,000,000''.
       (b) Nonnative Oyster Species.--The matter under the heading 
     ``construction, general'' under the heading ``Corps of 
     Engineers-Civil'' under the heading ``Department of the 
     Army'' of title I of the Energy and Water Development 
     Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1828) 
     is amended in the twenty-first proviso by striking 
     ``$2,000,000'' and inserting ``$3,500,000''.

     SEC. 3069. FLOOD PROTECTION PROJECT, CUMBERLAND, MARYLAND.

       Section 580(a) of the Water Resources Development Act of 
     1999 (113 Stat. 375) is amended--
       (1) by striking ``$15,000,000'' and inserting 
     ``$25,750,000'';
       (2) by striking ``$9,750,000'' and inserting 
     ``$16,378,000''; and
       (3) by striking ``$5,250,000'' and inserting 
     ``$9,012,000''.

     SEC. 3070. AUNT LYDIA'S COVE, MASSACHUSETTS.

       (a) Deauthorization.--The portion of the project for 
     navigation, Aunt Lydia's Cove, Massachusetts, authorized 
     August 31, 1994, pursuant to section 107 of the Act of July 
     14,

[[Page 12032]]

     1960 (33 U.S.C. 577) (commonly known as the ``River and 
     Harbor Act of 1960''), consisting of the 8-foot deep 
     anchorage in the cove described in subsection (b) is 
     deauthorized.
       (b) Description.--The portion of the project described in 
     subsection (a) is more particularly described as the portion 
     beginning at a point along the southern limit of the existing 
     project, N. 254332.00, E. 1023103.96, thence running 
     northwesterly about 761.60 feet to a point along the western 
     limit of the existing project N. 255076.84, E. 1022945.07, 
     thence running southwesterly about 38.11 feet to a point N. 
     255038.99, E. 1022940.60, thence running southeasterly about 
     267.07 feet to a point N. 254772.00, E. 1022947.00, thence 
     running southeasterly about 462.41 feet to a point N. 
     254320.06, E. 1023044.84, thence running northeasterly about 
     60.31 feet to the point of origin.

     SEC. 3071. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.

       (a) In General.--Notwithstanding section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)), the project for navigation, Fall River Harbor, 
     Massachusetts and Rhode Island, authorized by section 101 of 
     the River and Harbor Act of 1968 (82 Stat. 731), shall remain 
     authorized to be carried out by the Secretary, except that 
     the authorized depth of that portion of the project extending 
     riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall 
     River and Somerset, Massachusetts, shall not exceed 35 feet.
       (b) Feasibility.--The Secretary shall conduct a study to 
     determine the feasibility of deepening that portion of the 
     navigation channel of the navigation project for Fall River 
     Harbor, Massachusetts and Rhode Island, authorized by section 
     101 of the River and Harbor Act of 1968 (82 Stat. 731), 
     seaward of the Charles M. Braga, Jr. Memorial Bridge Fall 
     River and Somerset, Massachusetts.
       (c) Limitation.--The project described in subsection (a) 
     shall not be authorized for construction after the last day 
     of the 5-year period beginning on the date of enactment of 
     this Act unless, during that period, funds have been 
     obligated for construction (including planning and design) of 
     the project.

     SEC. 3072. NORTH RIVER, PEABODY, MASSACHUSETTS.

       The Secretary shall expedite completion of the report for 
     the project North River, Peabody, Massachusetts, being 
     carried out under section 205 of the Flood Control Act of 
     1948 (33 U.S.C. 701s).

     SEC. 3073. ECORSE CREEK, MICHIGAN.

       (a) In General.--Notwithstanding section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)), the project for flood control, Ecorse Creek, 
     Wayne County, Michigan, authorized by section 101(a)(14) of 
     the Water Resources Development Act of 1990 (104 Stat. 4607) 
     shall remain authorized to be carried out by the Secretary.
       (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 that period, funds have been 
     obligated for the construction (including planning and 
     design) of the project.

     SEC. 3074. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

       Section 426 of the Water Resources Development Act of 1999 
     (113 Stat. 326) is amended to read as follows:

     ``SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

       ``(a) Definitions.--In this section:
       ``(1) Management plan.--The term `management plan' means 
     the management plan for the St. Clair River and Lake St. 
     Clair, Michigan, that is in effect as of the date of 
     enactment of this section.
       ``(2) Partnership.--The term `Partnership' means the 
     partnership established by the Secretary under subsection 
     (b)(1).
       ``(b) Partnership.--
       ``(1) In general.--The Secretary shall establish and lead a 
     partnership of appropriate Federal agencies (including the 
     Environmental Protection Agency) and the State of Michigan 
     (including political subdivisions of the State)--
       ``(A) to promote cooperation among the Federal Government, 
     State and local governments, and other involved parties in 
     the management of the St. Clair River and Lake St. Clair 
     watersheds; and
       ``(B) develop and implement projects consistent with the 
     management plan.
       ``(2) Coordination with actions under other law.--
       ``(A) In general.--Actions taken under this section by the 
     Partnership shall be coordinated with actions to restore and 
     conserve the St. Clair River and Lake St. Clair and 
     watersheds taken under other provisions of Federal and State 
     law.
       ``(B) No effect on other law.--Nothing in this section 
     alters, modifies, or affects any other provision of Federal 
     or State law.
       ``(c) Implementation of St. Clair River and Lake St. Clair 
     Management Plan.--
       ``(1) In general.--The Secretary shall--
       ``(A) develop a St. Clair River and Lake St. Clair 
     strategic implementation plan in accordance with the 
     management plan;
       ``(B) provide technical, planning, and engineering 
     assistance to non-Federal interests for developing and 
     implementing activities consistent with the management plan;
       ``(C) plan, design, and implement projects consistent with 
     the management plan; and
       ``(D) provide, in coordination with the Administrator of 
     the Environmental Protection Agency, financial and technical 
     assistance, including grants, to the State of Michigan 
     (including political subdivisions of the State) and 
     interested nonprofit entities for the planning, design, and 
     implementation of projects to restore, conserve, manage, and 
     sustain the St. Clair River, Lake St. Clair, and associated 
     watersheds.
       ``(2) Specific measures.--Financial and technical 
     assistance provided under subparagraphs (B) and (C) of 
     paragraph (1) may be used in support of non-Federal 
     activities consistent with the management plan.
       ``(d) Supplements to Management Plan and Strategic 
     Implementation Plan.--In consultation with the Partnership 
     and after providing an opportunity for public review and 
     comment, the Secretary shall develop information to 
     supplement--
       ``(1) the management plan; and
       ``(2) the strategic implementation plan developed under 
     subsection (c)(1)(A).
       ``(e) Cost Sharing.--
       ``(1) Non-federal share.--The non-Federal share of the cost 
     of technical assistance, or the cost of planning, design, 
     construction, and evaluation of a project under subsection 
     (c), and the cost of development of supplementary information 
     under subsection (d)--
       ``(A) shall be 25 percent of the total cost of the project 
     or development; and
       ``(B) may be provided through the provision of in-kind 
     services.
       ``(2) Credit for land, easements, and rights-of-way.--The 
     Secretary shall credit the non-Federal sponsor for the value 
     of any land, easements, rights-of-way, dredged material 
     disposal areas, or relocations provided for use in carrying 
     out a project under subsection (c).
       ``(3) Nonprofit entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal sponsor for any project carried out under this 
     section may include a nonprofit entity.
       ``(4) Operation and maintenance.--The operation, 
     maintenance, repair, rehabilitation, and replacement of 
     projects carried out under this section shall be non-Federal 
     responsibilities.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000.''.

     SEC. 3075. DULUTH HARBOR, MINNESOTA.

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

     SEC. 3076. PROJECT FOR ENVIRONMENTAL ENHANCEMENT, MISSISSIPPI 
                   AND LOUISIANA ESTUARINE AREAS, MISSISSIPPI AND 
                   LOUISIANA.

       (a) Violet Diversion Project.--The Secretary shall redesign 
     and implement the project for environmental enhancement, 
     Mississippi and Louisiana Estuarine Areas, Mississippi and 
     Louisiana, authorized by section 3(a)(8) of the Water 
     Resources Development Act of 1988 (102 Stat. 4014), in lieu 
     of diversion of freshwater at the Bonnet Carre Spillway using 
     a diversion of water at or near Violet, Louisiana, if the 
     following criteria can be met by the redesign:
       (1) Achieve the salinity targets to at least the same 
     extent as the diversion of freshwater at the Bonnet Carre 
     Spillway for the Mississippi Sound identified in the 
     feasibility study entitled ``Mississippi and Louisiana 
     Estuarine areas: Freshwater Diversion to Lake Pontchartrain 
     Basin and Mississippi Sound'' and dated 1984.
       (2) Not delay the completion of the design and construction 
     of the project beyond the dates identified in subsections (e) 
     and (f).
       (3) Not change the cost-share attributable to the Bonnet 
     Carre Freshwater Diversion Project.
       (b) Definition.--For the purposes of this section, the term 
     ``Bonnet Carre Freshwater Diversion Project'' is defined as 
     the recommended alternative as described in the report of the 
     Chief of Engineers for the project for environmental 
     enhancement, Mississippi and Louisiana Estuarine Areas, 
     Mississippi and Louisiana, May, 1986, and referenced in 
     Public Law 104-303 and described in the Report to Congress on 
     the Bonnet Carre Freshwater Diversion Project Status and 
     Potential Options and Enhancement of December 1996.
       (c) Bonnet Carre Freshwater Diversion Project.--If the 
     redesign in subsection (a) does not meet the criteria 
     therein, the Secretary shall implement the Bonnet Carre 
     Freshwater Diversion Project.
       (d) Non-Federal Financing Requirements.--
       (1) The States of Mississippi and Louisiana shall provide 
     the funds needed during any fiscal year for meeting each 
     State's respective non-Federal cost sharing requirements for 
     the project for environmental enhancement, Mississippi and 
     Louisiana Estuarine

[[Page 12033]]

     Areas, Mississippi and Louisiana, that fiscal year by making 
     deposits of the necessary funds into an escrow account or 
     into such other account as the Secretary determines to be 
     acceptable. Any deposits required pursuant to this paragraph 
     shall be made by the affected State within 30 days after 
     receipt of notification from the Secretary that such funds 
     are due.
       (2) In the case of deposits required to be made by the 
     State of Louisiana, the Secretary may not award any new 
     contract or proceed to the next phase of any feature being 
     carried out in the State of Louisiana pursuant to section 
     1003 if the State of Louisiana is not in compliance with 
     paragraph (1).
       (3) In the case of deposits required to be made by the 
     State of Mississippi, the Secretary may not award any new 
     contract or proceed to the next phase of any feature being 
     carried out as a part of the project for environmental 
     enhancement, Mississippi and Louisiana Estuarine Areas, 
     Mississippi and Louisiana if the State of Mississippi is not 
     in compliance with paragraph (1).
       (4) The non-Federal share of project costs shall be 
     allocated between the States of Mississippi and Louisiana as 
     described in the Report to Congress on the Bonnet Carre 
     Freshwater Diversion Project Status and Potential Options and 
     Enhancement of December 1996.
       (5) The modification of the project for environmental 
     enhancement, Mississippi and Louisiana Estuarine Areas, 
     Mississippi and Louisiana, by this section shall not reduce 
     the percentage of the cost of the project that shall be paid 
     by the Federal government as it was determined upon enactment 
     of section 3(a)(8) of the Water Resources Development Act of 
     1988 (102 Stat. 4014).
       (e) Design Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete the design of 
     the project for environmental enhancement, Mississippi and 
     Louisiana Estuarine Areas, Mississippi and Louisiana, not 
     later than 2 years after the date of enactment of this Act.
       (2) Missed deadline.--If the Secretary does not complete 
     the design described in paragraph (1) by such date, the 
     Secretary shall assign such resources as available and 
     necessary to complete the design and the Secretary's 
     authority to expend funds for travel, official receptions, 
     and official representations is suspended until such design 
     is complete.
       (f) Construction Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete construction of 
     the project for environmental enhancement, Mississippi and 
     Louisiana Estuarine Areas, Mississippi and Louisiana, not 
     later than September 30, 2012.
       (2) Missed deadline.--If the Secretary does not complete 
     the construction described in paragraph (1) by such date, the 
     Secretary shall assign such resources as available and 
     necessary to complete the construction and the Secretary's 
     authority to expend funds for travel, official receptions, 
     and official representations is suspended until such 
     construction is complete.

     SEC. 3077. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 2 
     parcels of Corps of Engineers land totaling approximately 42 
     acres, located on Buffalo Island in Pike County, Missouri, 
     and consisting of Government Tract Numbers MIS-7 and a 
     portion of FM-46.
       (2) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 42 acres of land, subject to any existing 
     flowage easements situated in Pike County, Missouri, upstream 
     and northwest, about 200 feet from Drake Island (also known 
     as Grimes Island).
       (b) Land Exchange.--Subject to subsection (c), on 
     conveyance by S.S.S., Inc., to the United States of all 
     right, title, and interest in and to the non-Federal land, 
     the Secretary shall convey to S.S.S., Inc., all right, title, 
     and interest of the United States in and to the Federal land.
       (c) Conditions.--
       (1) Deeds.--
       (A) Non-federal land.--The conveyance of the non-Federal 
     land to the Secretary shall be by a warranty deed acceptable 
     to the Secretary.
       (B) Federal land.--The conveyance of the Federal land to 
     S.S.S., Inc., shall be--
       (i) by quitclaim deed; and
       (ii) subject to any reservations, terms, and conditions 
     that the Secretary determines to be necessary to allow the 
     United States to operate and maintain the Mississippi River 
     9-Foot Navigation Project.
       (C) Legal descriptions.--The Secretary shall, subject to 
     approval of S.S.S., Inc., provide a legal description of the 
     Federal land and non-Federal land for inclusion in the deeds 
     referred to in subparagraphs (A) and (B).
       (2) Removal of improvements.--
       (A) In general.--The Secretary may require the removal of, 
     or S.S.S., Inc., may voluntarily remove, any improvements to 
     the non-Federal land before the completion of the exchange or 
     as a condition of the exchange.
       (B) No liability.--If S.S.S., Inc., removes any 
     improvements to the non-Federal land under subparagraph (A)--
       (i) S.S.S., Inc., shall have no claim against the United 
     States relating to the removal; and
       (ii) the United States shall not incur or be liable for any 
     cost associated with the removal or relocation of the 
     improvements.
       (3) Administrative costs.--The Secretary shall require 
     S.S.S., Inc. to pay reasonable administrative costs 
     associated with the exchange.
       (4) Cash equalization payment.--If the appraised fair 
     market value, as determined by the Secretary, of the Federal 
     land exceeds the appraised fair market value, as determined 
     by the Secretary, of the non-Federal land, S.S.S., Inc., 
     shall make a cash equalization payment to the United States.
       (5) Deadline.--The land exchange under subsection (b) shall 
     be completed not later than 2 years after the date of 
     enactment of this Act.

     SEC. 3078. 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. 3079. UNION LAKE, MISSOURI.

       (a) In General.--The Secretary shall offer to convey to the 
     State of Missouri all right, title, and interest in and to 
     approximately 205.50 acres of land described in subsection 
     (b) purchased for the Union Lake Project that was 
     deauthorized as of January 1, 1990 (55 Fed. Reg. 40906), in 
     accordance with section 1001 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a(a)).
       (b) Land Description.--The land referred to in subsection 
     (a) is described as follows:
       (1) Tract 500.--A tract of land situated in Franklin 
     County, Missouri, being part of the SW\1/4\ of sec. 7, and 
     the NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of 
     the fifth principal meridian, consisting of approximately 
     112.50 acres.
       (2) Tract 605.--A tract of land situated in Franklin 
     County, Missouri, being part of the N\1/2\ of the NE, and 
     part of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the 
     fifth principal meridian, consisting of approximately 93.00 
     acres.
       (c) Conveyance.--On acceptance by the State of Missouri of 
     the offer by the Secretary under subsection (a), the land 
     described in subsection (b) shall immediately be conveyed, in 
     its current condition, by Secretary to the State of Missouri.

     SEC. 3080. LOWER YELLOWSTONE PROJECT, MONTANA.

       The Secretary may use funds appropriated to carry out the 
     Missouri River recovery and mitigation program to assist the 
     Bureau of Reclamation in the design and construction of the 
     Lower Yellowstone project of the Bureau, Intake, Montana, for 
     the purpose of ecosystem restoration.

     SEC. 3081. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND 
                   NORTH DAKOTA.

       (a) Definition of Restoration Project.--In this section, 
     the term ``restoration project'' means a project that will 
     produce, in accordance with other Federal programs, projects, 
     and activities, substantial ecosystem restoration and related 
     benefits, as determined by the Secretary.
       (b) Projects.--The Secretary shall carry out, in accordance 
     with other Federal programs, projects, and activities, 
     restoration projects in the watershed of the Yellowstone 
     River and tributaries in Montana, and in North Dakota, to 
     produce immediate and substantial ecosystem restoration and 
     recreation benefits.
       (c) Local Participation.--In carrying out subsection (b), 
     the Secretary shall--
       (1) consult with, and consider the activities being carried 
     out by--
       (A) other Federal agencies;
       (B) Indian tribes;
       (C) conservation districts; and
       (D) the Yellowstone River Conservation District Council; 
     and
       (2) seek the full participation of the State of Montana.
       (d) Cost Sharing.--Before carrying out any restoration 
     project under this section, the Secretary shall enter into an 
     agreement with the non-Federal interest for the restoration 
     project under which the non-Federal interest shall agree--
       (1) to provide 35 percent of the total cost of the 
     restoration project, including necessary land, easements, 
     rights-of-way, relocations, and disposal sites;
       (2) to pay the non-Federal share of the cost of feasibility 
     studies and design during construction following execution of 
     a project cooperation agreement;
       (3) to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs incurred after 
     the date of enactment of this Act that are associated with 
     the restoration project; and
       (4) to hold the United States harmless for any claim of 
     damage that arises from the negligence of the Federal 
     Government or a contractor of the Federal Government in 
     carrying out the restoration project.

[[Page 12034]]

       (e) Form of Non-Federal Share.--Not more than 50 percent of 
     the non-Federal share of the cost of a restoration project 
     carried out under this section may be provided in the form of 
     in-kind credit for work performed during construction of the 
     restoration project.
       (f) Non-Federal Interests.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the applicable local government, a nonprofit 
     entity may be a non-Federal interest for a restoration 
     project carried out under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

     SEC. 3082. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.

       The project for ecosystem restoration and flood damage 
     reduction, Western Sarpy and Clear Creek, Nebraska, 
     authorized by section 101(b)(21) of the Water Resources 
     Development Act of 2000 (114 Stat. 2578), is modified to 
     authorize the Secretary to construct the project at a total 
     cost of $21,664,000, with an estimated Federal cost of 
     $14,082,000 and an estimated non-Federal cost of $7,582,000.

     SEC. 3083. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.

       The maximum amount of Federal funds that may be expended 
     for the project being carried out, as of the date of 
     enactment of this Act, under section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2309a) for 
     environmental restoration of McCarran Ranch, Nevada, shall be 
     $5,775,000.

     SEC. 3084. COOPERATIVE AGREEMENTS, NEW MEXICO.

       The Secretary may enter into cooperative agreements with 
     any Indian tribe any land of which is located in the State of 
     New Mexico and occupied by a flood control project that is 
     owned and operated by the Corps of Engineers to assist in 
     carrying out any operation or maintenance activity associated 
     with the flood control project.

     SEC. 3085. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.

       (a) Restoration Projects.--
       (1) Definition.--The term ``restoration project'' means a 
     project that will produce, consistent with other Federal 
     programs, projects, and activities, immediate and substantial 
     ecosystem restoration and recreation benefits.
       (2) Projects.--The Secretary shall carry out restoration 
     projects in the Middle Rio Grande from Cochiti Dam to the 
     headwaters of Elephant Butte Reservoir, in the State of New 
     Mexico.
       (b) Project Selection.--The Secretary shall select 
     restoration projects in the Middle Rio Grande.
       (c) Local Participation.--In carrying out subsection (b), 
     the Secretary shall consult with, and consider the activities 
     being carried out by--
       (1) the Middle Rio Grande Endangered Species Act 
     Collaborative Program; and
       (2) the Bosque Improvement Group of the Middle Rio Grande 
     Bosque Initiative.
       (d) Cost Sharing.--
       (1) Projects on federal land.--Each restoration project 
     under this section located on Federal land shall be carried 
     out at full Federal expense.
       (2) Other projects.--For any restoration project located on 
     non-Federal land, before carrying out the restoration project 
     under this section, the Secretary shall enter into an 
     agreement with non-Federal interests that requires the non-
     Federal interests to--
       (A) provide 35 percent of the total cost of the restoration 
     projects including provisions for necessary lands, easements, 
     rights-of-way, relocations, and disposal sites;
       (B) pay 100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs incurred after the date 
     of the enactment of this Act that are associated with the 
     restoration projects; and
       (C) hold the United States harmless for any claim of damage 
     that arises from the negligence of the Federal Government or 
     a contractor of the Federal Government.
       (e) Non-Federal Interests.--Not withstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal interest for any project carried out under this 
     section may include a nonprofit entity, with the consent of 
     the local government.
       (f) Recreational Features.--
       (1) In general.--Subject to paragraph (2), any recreational 
     feature included as part of a restoration project shall 
     comprise not more than 30 percent of the cost of the 
     restoration project.
       (2) Requirement.--The cost of any recreational feature 
     included as part of a restoration project in excess of the 
     amount described in paragraph (1) shall be paid by the non-
     Federal interest.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section.

     SEC. 3086. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND 
                   CONNECTICUT.

       (a) In General.--The Secretary shall plan, design, and 
     construct projects to increase aquatic habitats within Long 
     Island Sound and adjacent waters, including the construction 
     and restoration of oyster beds and related shellfish habitat.
       (b) Cost Sharing.--The non-Federal share of the cost of 
     activities carried out under this section shall be 25 percent 
     and may be provided through in-kind services and materials.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section.

     SEC. 3087. MAMARONECK AND SHELDRAKE RIVERS WATERSHED 
                   MANAGEMENT, NEW YORK.

       (a) Watershed Management Plan Development.--
       (1) In general.--The Secretary, in consultation with the 
     State of New York and local entities, shall develop watershed 
     management plans for the Mamaroneck and Sheldrake River 
     watershed for the purposes of evaluating existing and new 
     flood damage reduction and ecosystem restoration.
       (2) Existing plans.--In developing the watershed management 
     plans, the Secretary shall use existing studies and plans, as 
     appropriate.
       (b) Critical Restoration Projects.--
       (1) In general.--The Secretary may participate in any 
     eligible critical restoration project in the Mamaroneck and 
     Sheldrake Rivers watershed in accordance with the watershed 
     management plan developed under subsection (a).
       (2) Eligible projects.--A critical restoration project 
     shall be eligible for assistance under this section if the 
     project--
       (A) meets the purposes described in the watershed 
     management plan developed under subsection (a); and
       (B) with respect to the Mamaroneck and Sheldrake Rivers 
     watershed in New York, consists of flood damage reduction or 
     ecosystem restoration--
       (i) bank stabilization of the mainstem, tributaries, and 
     streams;
       (ii) wetland restoration;
       (iii) soil and water conservation;
       (iv) restoration of natural flows;
       (v) restoration of stream stability;
       (vi) structural and nonstructural flood damage reduction 
     measures; or
       (vii) any other project or activity the Secretary 
     determines to be appropriate.
       (c) Cost Sharing.--The Federal share of the cost of 
     implementing any project carried out under this section shall 
     be 65 percent.
       (d) Non-Federal Interest.--A nonprofit organization may 
     serve as the non-Federal interest for a project carried out 
     under this section.
       (e) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into 1 or more cooperative agreements 
     to provide financial assistance to appropriate Federal, 
     State, or local governments or nonprofit agencies, including 
     assistance for the implementation of projects to be carried 
     out under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000, to 
     remain available until expended.

     SEC. 3088. ORCHARD BEACH, BRONX, NEW YORK.

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

     SEC. 3089. NEW YORK HARBOR, NEW YORK, NEW YORK.

       Section 217 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2326a) is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following:
       ``(c) Dredged Material Facility.--
       ``(1) In general.--The Secretary may enter into cost-
     sharing agreements with 1 or more non-Federal public 
     interests with respect to a project, or group of projects 
     within a geographic region, if appropriate, for the 
     acquisition, design, construction, management, or operation 
     of a dredged material processing, treatment, contaminant 
     reduction, or disposal facility (including any facility used 
     to demonstrate potential beneficial uses of dredged material, 
     which may include effective sediment contaminant reduction 
     technologies) using funds provided in whole or in part by the 
     Federal Government.
       ``(2) Performance.--One or more of the parties to the 
     agreement may perform the acquisition, design, construction, 
     management, or operation of a dredged material processing, 
     treatment, contaminant reduction, or disposal facility.
       ``(3) Multiple federal projects.--If appropriate, the 
     Secretary may combine portions of separate Federal projects 
     with appropriate combined cost-sharing between the various 
     projects, if the facility serves to manage dredged material 
     from multiple Federal projects located in the geographic 
     region of the facility.
       ``(4) Public financing.--
       ``(A) Agreements.--
       ``(i) Specified federal funding sources and cost sharing.--
     The cost-sharing agreement used shall clearly specify--

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

       ``(ii) Management of sediments.--

       ``(I) In general.--The cost-sharing agreement may include 
     the management of sediments from the maintenance dredging of

[[Page 12035]]

     Federal navigation projects that do not have partnerships 
     agreements.
       ``(II) Payments.--The cost-sharing agreement may allow the 
     non-Federal interest to receive reimbursable payments from 
     the Federal Government for commitments made by the non-
     Federal interest for disposal or placement capacity at 
     dredged material treatment, processing, contaminant 
     reduction, or disposal facilities.

       ``(iii) Credit.--The cost-sharing agreement may allow costs 
     incurred prior to execution of a partnership agreement for 
     construction or the purchase of equipment or capacity for the 
     project to be credited according to existing cost-sharing 
     rules.
       ``(B) Credit.--
       ``(i) Effect on existing agreements.--Nothing in this 
     subsection supersedes or modifies an agreement in effect on 
     the date of enactment of this paragraph between the Federal 
     Government and any other non-Federal interest for the cost-
     sharing, construction, and operation and maintenance of a 
     Federal navigation project.
       ``(ii) Credit for funds.--Subject to the approval of the 
     Secretary and in accordance with law (including regulations 
     and policies) in effect on the date of enactment of this 
     paragraph, a non-Federal public interest of a Federal 
     navigation project may seek credit for funds provided for the 
     acquisition, design, construction, management, or operation 
     of a dredged material processing, treatment, or disposal 
     facility to the extent the facility is used to manage dredged 
     material from the Federal navigation project.
       ``(iii) Non-federal interest responsibilities.--The non-
     Federal interest shall--

       ``(I) be responsible for providing all necessary land, 
     easement rights-of-way, or relocations associated with the 
     facility; and
       ``(II) receive credit for those items.''; and

       (3) in paragraphs (1) and (2)(A) of subsection (d) (as 
     redesignated by paragraph (1))--
       (A) by inserting ``and maintenance'' after ``operation'' 
     each place it appears; and
       (B) by inserting ``processing, treatment, or'' after 
     ``dredged material'' the first place it appears in each of 
     those paragraphs.

     SEC. 3090. NEW YORK STATE CANAL SYSTEM.

       Section 553 of the Water Resources Development Act of 1996 
     (110 Stat. 3781) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Definition of New York State Canal System.--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. 3091. SUSQUEHANNA RIVER AND UPPER DELAWARE RIVER 
                   WATERSHED MANAGEMENT, NEW YORK.

       (a) Watershed Management Plan Development.--
       (1) In general.--The Secretary, in consultation with the 
     State of New York, the Delaware or Susquehanna River Basin 
     Commission, as appropriate, and local entities, shall develop 
     watershed management plans for the Susquehanna River 
     watershed in New York State and the Upper Delaware River 
     watershed for the purposes of evaluating existing and new 
     flood damage reduction and ecosystem restoration.
       (2) Existing plans.--In developing the watershed management 
     plans, the Secretary shall use existing studies and plans, as 
     appropriate.
       (b) Critical Restoration Projects.--
       (1) In general.--The Secretary may participate in any 
     eligible critical restoration project in the Susquehanna 
     River or Upper Delaware Rivers in accordance with the 
     watershed management plan developed under subsection (a).
       (2) Eligible projects.--A critical restoration project 
     shall be eligible for assistance under this section if the 
     project--
       (A) meets the purposes described in the watershed 
     management plan developed under subsection (a); and
       (B) with respect to the Susquehanna River or Upper Delaware 
     River watershed in New York, consists of flood damage 
     reduction or ecosystem restoration through--
       (i) bank stabilization of the mainstem, tributaries, and 
     streams;
       (ii) wetland restoration;
       (iii) soil and water conservation;
       (iv) restoration of natural flows;
       (v) restoration of stream stability;
       (vi) structural and nonstructural flood damage reduction 
     measures; or
       (vii) any other project or activity the Secretary 
     determines to be appropriate.
       (c) Cost Sharing.--The Federal share of the cost of 
     implementing any project carried out under this section shall 
     be 65 percent.
       (d) Non-Federal Interest.--A nonprofit organization may 
     serve as the non-Federal interest for a project carried out 
     under this section.
       (e) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into 1 or more cooperative agreements 
     to provide financial assistance to appropriate Federal, 
     State, or local governments or nonprofit agencies, including 
     assistance for the implementation of projects to be carried 
     out under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000, to 
     remain available until expended.

     SEC. 3092. MISSOURI RIVER RESTORATION, NORTH DAKOTA.

       Section 707(a) of the Water Resources Act of 2000 (114 
     Stat. 2699) is amended in the first sentence by striking 
     ``$5,000,000'' and all that follows through ``2005'' and 
     inserting ``$25,000,000''.

     SEC. 3093. OHIO.

       Section 594 of the Water Resources Development Act of 1999 
     (113 Stat. 381) is amended by adding at the end the 
     following:
       ``(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.''.

     SEC. 3094. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

       Section 507(1) of the Water Resources Development Act of 
     1996 (110 Stat. 3758) is amended--
       (1) by striking ``$2,500,000'' and inserting 
     ``$16,000,000''; and
       (2) by striking ``Repair and rehabilitation'' and inserting 
     ``Correct structural deficiencies''.

     SEC. 3095. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL 
                   TOWNSHIP, OHIO.

       Increased operation and maintenance activities for the 
     Toussaint River Federal Navigation Project, Carroll Township, 
     Ohio, that are carried out in accordance with section 107 of 
     the River and Harbor Act of 1960 (33 U.S.C. 577) and relate 
     directly to the presence of unexploded ordnance, shall be 
     carried out at full Federal expense.

     SEC. 3096. ARCADIA LAKE, OKLAHOMA.

       Payments made by the city of Edmond, Oklahoma, to the 
     Secretary in October 1999 of all costs associated with 
     present and future water storage costs at Arcadia Lake, 
     Oklahoma, under Arcadia Lake Water Storage Contract Number 
     DACW56-79-C-0072 shall satisfy the obligations of the city 
     under that contract.

     SEC. 3097. LAKE EUFAULA, OKLAHOMA.

       (a) Project Goal.--
       (1) In general.--The goal for operation of Lake Eufaula 
     shall be to maximize the use of available storage in a 
     balanced approach that incorporates advice from 
     representatives from all the project purposes to ensure that 
     the full value of the reservoir is realized by the United 
     States.
       (2) Recognition of purpose.--To achieve the goal described 
     in paragraph (1), recreation is recognized as a project 
     purpose at Lake Eufaula, pursuant to the Act of December 22, 
     1944 (commonly known as the ``Flood Control Act of 1944'') 
     (58 Stat. 887, chapter 665).
       (b) Lake Eufaula Advisory Committee.--
       (1) In general.--In accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Secretary shall establish 
     an advisory committee for the Lake Eufaula, Canadian River, 
     Oklahoma project authorized by the Act of July 24, 1946 
     (commonly known as the ``River and Harbor Act of 1946'') 
     (Public Law 79-525; 60 Stat. 634).
       (2) Purpose.--The purpose of the committee shall be 
     advisory only.
       (3) Duties.--The committee shall provide information and 
     recommendations to the Corps of Engineers regarding the 
     operations of Lake Eufaula for the project purposes for Lake 
     Eufaula.
       (4) Composition.--The Committee shall be composed of 
     members that equally represent the project purposes for Lake 
     Eufaula.
       (c) Reallocation Study.--
       (1) In general.--Subject to the appropriation of funds, the 
     Secretary, acting through the Chief of Engineers, shall 
     perform a reallocation study, at full Federal expense, to 
     develop and present recommendations concerning the best 
     value, while minimizing ecological damages, for current and 
     future use of the Lake Eufaula storage capacity for the 
     authorized project purposes of flood control, water supply, 
     hydroelectric power, navigation, fish and wildlife, and 
     recreation.
       (2) Factors for consideration.--The reallocation study 
     shall take into consideration the recommendations of the Lake 
     Eufaula Advisory Committee.
       (d) Pool Management Plan.--
       (1) In general.--Not later than 360 days after the date of 
     enactment of this Act, to the extent feasible within 
     available project funds and subject to the completion and 
     approval of the reallocation study under subsection (c), the 
     Tulsa District Engineer, taking into consideration 
     recommendations of the Lake Eufaula Advisory Committee, shall 
     develop an interim management plan that accommodates all 
     project purposes for Lake Eufaula.
       (2) Modifications.--A modification of the plan under 
     paragraph (1) shall not cause significant adverse impacts on 
     any existing permit, lease, license, contract, public law, or 
     project purpose, including flood control operation, relating 
     to Lake Eufaula.

     SEC. 3098. RELEASE OF REVERSIONARY INTEREST, OKLAHOMA.

       (a) Release.--Any reversionary interest relating to public 
     parks and recreation on the land conveyed by the Secretary to 
     the State of Oklahoma at Lake Texoma pursuant to the Act 
     entitled ``An Act to authorize

[[Page 12036]]

     the sale of certain lands to the State of Oklahoma'' (67 
     Stat. 63, chapter 118), shall terminate on the date of 
     enactment of this Act.
       (b) Instrument of Release.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall 
     execute and file in the appropriate office a deed of release, 
     an amended deed, or another appropriate instrument to release 
     each reversionary interest described in subsection (a).
       (c) Preservation of Reserved Rights.--A release of a 
     reversionary interest under this section shall not affect any 
     other right of the United States in any deed of conveyance 
     pursuant to the Act entitled ``An Act to authorize the sale 
     of certain lands to the State of Oklahoma'' (67 Stat. 63, 
     chapter 118).

     SEC. 3099. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.

       (a) Implementation of Program.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall 
     implement an innovative program at the lakes located 
     primarily in the State of Oklahoma that are a part of an 
     authorized civil works project under the administrative 
     jurisdiction of the Corps of Engineers for the purpose of 
     demonstrating the benefits of enhanced recreation facilities 
     and activities at those lakes.
       (b) Requirements.--In implementing the program under 
     subsection (a), the Secretary shall, consistent with 
     authorized project purposes--
       (1) pursue strategies that will enhance, to the maximum 
     extent practicable, recreation experiences at the lakes 
     included in the program;
       (2) use creative management strategies that optimize 
     recreational activities; and
       (3) ensure continued public access to recreation areas 
     located on or associated with the civil works project.
       (c) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue guidelines 
     for the implementation of this section, to be developed in 
     coordination with the State of Oklahoma.
       (d) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the results of 
     the program under subsection (a).
       (2) Inclusions.--The report under paragraph (1) shall 
     include a description of the projects undertaken under the 
     program, including--
       (A) an estimate of the change in any related recreational 
     opportunities;
       (B) a description of any leases entered into, including the 
     parties involved; and
       (C) the financial conditions that the Corps of Engineers 
     used to justify those leases.
       (3) Availability to public.--The Secretary shall make the 
     report available to the public in electronic and written 
     formats.
       (e) Termination.--The authority provided by this section 
     shall terminate on the date that is 10 years after the date 
     of enactment of this Act.

     SEC. 3100. OTTAWA COUNTY, OKLAHOMA.

       (a) In General.--There is authorized to be appropriated 
     $30,000,000 for the purposes set forth in subsection (b).
       (b) Purposes.--Notwithstanding any other provision of law, 
     funds appropriated under subsection (a) may be used for the 
     purpose of--
       (1) the buy-out of properties and permanently relocating 
     residents and businesses in or near Picher, Cardin, and 
     Hockerville, Oklahoma, from areas determined by the State of 
     Oklahoma to be at risk of damage caused by land subsidence 
     and remaining properties; and
       (2) providing funding to the State of Oklahoma to buyout 
     properties and permanently relocate residents and businesses 
     of Picher, Cardin, and Hockerville, Oklahoma, from areas 
     determined by the State of Oklahoma to be at risk of damage 
     caused by land subsidence and remaining properties.
       (c) Limitation.--The use of funds in accordance with 
     subsection (b) shall not be considered to be part of a 
     Federally assisted program or project for purposes of Public 
     Law 91-646 (42 U.S.C. 4601 et seq.), consistent with section 
     2301 of Public Law 109-234 (120 Stat. 455-456).
       (d) Consistency With State Program.--Any actions taken 
     under subsection (b) shall be consistent with the relocation 
     program in the State of Oklahoma under 27A O.S. Supp. 2006, 
     sections 2201 et seq.
       (e) Amendment.--Section 111 of Public Law 108-137 (117 
     Stat. 1835) is amended--
       (1) by adding the following language at the end of 
     subsection (a): ``Such activities also may include the 
     provision of financial assistance to facilitate the buy out 
     of properties located in areas identified by the State as 
     areas that are or will be at risk of damage caused by land 
     subsidence and associated properties otherwise identified by 
     the State; however, any buyout of such properties shall not 
     be considered to be part of a Federally assisted program or 
     project for purposes of Public Law 91-646 (42 U.S.C. 4601 et 
     seq.), consistent with section 2301 of Public Law 109-234 
     (120 Stat. 455-456).''; and
       (2) by striking the first sentence of subsection (d) and 
     inserting the following: ``Non-Federal interests shall be 
     responsible for operating and maintaining any restoration 
     alternatives constructed or carried out pursuant to this 
     section.''.

     SEC. 3101. RED RIVER CHLORIDE CONTROL, OKLAHOMA AND TEXAS.

       Section 203 of the Flood Control Act of 1966 (80 Stat. 
     1420; 100 Stat. 4229) is further modified to direct the 
     Secretary to provide operation and maintenance for the Red 
     River Chloride Control project, Oklahoma and Texas, at full 
     Federal expense.

     SEC. 3102. WAURIKA LAKE, OKLAHOMA.

       The remaining obligation of the Waurika Project Master 
     Conservancy District payable to the United States Government 
     in the amounts, rates of interest, and payment schedules--
       (1) is set at the amounts, rates of interest, and payment 
     schedules that existed on June 3, 1986; and
       (2) may not be adjusted, altered, or changed without a 
     specific, separate, and written agreement between the 
     District and the United States.

     SEC. 3103. LOOKOUT POINT PROJECT, LOWELL, OREGON.

       (a) In General.--Subject to subsection (c), the Secretary 
     shall convey at fair market value to the Lowell School 
     District No. 71, all right, title, and interest of the United 
     States in and to a parcel consisting of approximately 0.98 
     acres of land, including 3 abandoned buildings on the land, 
     located in Lowell, Oregon, as described in subsection (b).
       (b) Description of Property.--The parcel of land to be 
     conveyed under subsection (a) is more particularly described 
     as follows: Commencing at the point of intersection of the 
     west line of Pioneer Street with the westerly extension of 
     the north line of Summit Street, in Meadows Addition to 
     Lowell, as platted and recorded on page 56 of volume 4, Lane 
     County Oregon Plat Records; thence north on the west line of 
     Pioneer Street a distance of 176.0 feet to the true point of 
     beginning of this description; thence north on the west line 
     of Pioneer Street a distance of 170.0 feet; thence west at 
     right angles to the west line of Pioneer Street a distance of 
     250.0 feet; thence south and parallel to the west line of 
     Pioneer Street a distance of 170.0 feet; and thence east 
     250.0 feet to the true point of beginning of this description 
     in sec. 14, T. 19 S., R. 1 W. of the Willamette Meridian, 
     Lane County, Oregon.
       (c) Condition.--The Secretary shall not complete the 
     conveyance under subsection (a) until such time as the Forest 
     Service--
       (1) completes and certifies that necessary environmental 
     remediation associated with the structures located on the 
     property is complete; and
       (2) transfers the structures to the Corps of Engineers.
       (d) Effect of Other Law.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to any conveyance under this section.
       (2) Liability.--
       (A) In general.--Lowell School District No, 71 shall hold 
     the United States harmless from any liability with respect to 
     activities carried out on the property described in 
     subsection (b) on or after the date of the conveyance under 
     subsection (a).
       (B) Certain activities.--The United States shall be liable 
     with respect to any activity carried out on the property 
     described in subsection (b) before the date of conveyance 
     under subsection (a).

     SEC. 3104. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM 
                   RESTORATION.

       (a) In General.--The Secretary shall conduct studies and 
     ecosystem restoration projects for the upper Willamette River 
     watershed from Albany, Oregon, to the headwaters of the 
     Willamette River and tributaries.
       (b) Consultation.--The Secretary shall carry out ecosystem 
     restoration projects under this section for the Upper 
     Willamette River watershed in consultation with the Governor 
     of the State of Oregon, the heads of appropriate Indian 
     tribes, the Environmental Protection Agency, the United 
     States Fish and Wildlife Service, the National Marine 
     Fisheries Service, the Bureau of Land Management, the Forest 
     Service, and local entities.
       (c) Authorized Activities.--In carrying out ecosystem 
     restoration projects under this section, the Secretary shall 
     undertake activities necessary to protect, monitor, and 
     restore fish and wildlife habitat.
       (d) Cost Sharing Requirements.--
       (1) Studies.--Studies conducted under this section shall be 
     subject to cost sharing in accordance with section 206 of the 
     Water Resources Development Act of 1996 (33 U.S.C. 2330).
       (2) Ecosystem restoration projects.--
       (A) In general.--Non-Federal interests shall pay 35 percent 
     of the cost of any ecosystem restoration project carried out 
     under this section.
       (B) Items provided by non-federal interests.--
       (i) In general.--Non-Federal interests shall provide all 
     land, easements, rights-of-way, dredged material disposal 
     areas, and relocations necessary for ecosystem restoration 
     projects to be carried out under this section.

[[Page 12037]]

       (ii) Credit toward payment.--The value of the land, 
     easements, rights-of-way, dredged material disposal areas, 
     and relocations provided under paragraph (1) shall be 
     credited toward the payment required under subsection (a).
       (C) In-kind contributions.--100 percent of the non-Federal 
     share required under subsection (a) may be satisfied by the 
     provision of in-kind contributions.
       (3) Operations and maintenance.--Non-Federal interests 
     shall be responsible for all costs associated with operating, 
     maintaining, replacing, repairing, and rehabilitating all 
     projects carried out under this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000.

     SEC. 3105. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND 
                   NEW YORK.

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

     SEC. 3106. NARRAGANSETT BAY, RHODE ISLAND.

       The Secretary may use amounts in the Environmental 
     Restoration Account, Formerly Used Defense Sites, under 
     section 2703(a)(5) of title 10, United States Code, for the 
     removal of abandoned marine camels at any Formerly Used 
     Defense Site under the jurisdiction of the Department of 
     Defense that is undergoing (or is scheduled to undergo) 
     environmental remediation under chapter 160 of title 10, 
     United States Code (and other provisions of law), in 
     Narragansett Bay, Rhode Island, in accordance with the Corps 
     of Engineers prioritization process under the Formerly Used 
     Defense Sites program.

     SEC. 3107. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT 
                   PROPOSAL AT RICHARD B. RUSSELL LAKE, SOUTH 
                   CAROLINA.

       (a) In General.--The Secretary shall convey to the State of 
     South Carolina, by quitclaim deed, all right, title, and 
     interest of the United States in and to the parcels of land 
     described in subsection (b)(1) that are managed, as of the 
     date of enactment of this Act, by the South Carolina 
     Department of Commerce for public recreation purposes for the 
     Richard B. Russell Dam and Lake, South Carolina, project 
     authorized by section 203 of the Flood Control Act of 1966 
     (80 Stat. 1420).
       (b) Land Description.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     parcels of land referred to in subsection (a) are the parcels 
     contained in the portion of land described in Army Lease 
     Number DACW21-1-92-0500.
       (2) Retention of interests.--The United States shall 
     retain--
       (A) ownership of all land included in the lease referred to 
     in paragraph (1) that would have been acquired for 
     operational purposes in accordance with the 1971 
     implementation of the 1962 Army/Interior Joint Acquisition 
     Policy; and
       (B) such other land as is determined by the Secretary to be 
     required for authorized project purposes, including easement 
     rights-of-way to remaining Federal land.
       (3) Survey.--The exact acreage and legal description of the 
     land described in paragraph (1) shall be determined by a 
     survey satisfactory to the Secretary, with the cost of the 
     survey to be paid by the State.
       (c) General Provisions.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance under this section.
       (2) Additional terms and conditions.--The Secretary may 
     require that the conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (3) Costs of conveyance.--
       (A) In general.--The State shall be responsible for all 
     costs, including real estate transaction and environmental 
     compliance costs, associated with the conveyance under this 
     section.
       (B) Form of contribution.--As determined appropriate by the 
     Secretary, in lieu of payment of compensation to the United 
     States under subparagraph (A), the State may perform certain 
     environmental or real estate actions associated with the 
     conveyance under this section if those actions are performed 
     in close coordination with, and to the satisfaction of, the 
     United States.
       (4) Liability.--The State shall hold the United States 
     harmless from any liability with respect to activities 
     carried out, on or after the date of the conveyance, on the 
     real property conveyed under this section.
       (d) Additional Terms and Conditions.--
       (1) In general.--The State shall pay fair market value 
     consideration, as determined by the United States, for any 
     land included in the conveyance under this section.
       (2) No effect on shore management policy.--The Shoreline 
     Management Policy (ER-1130-2-406) of the Corps of Engineers 
     shall not be changed or altered for any proposed development 
     of land conveyed under this section.
       (3) Federal statutes.--The conveyance under this section 
     shall be subject to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) (including public review under 
     that Act) and other Federal statutes.
       (4) Cost sharing.--In carrying out the conveyance under 
     this section, the Secretary and the State shall comply with 
     all obligations of any cost sharing agreement between the 
     Secretary and the State in effect as of the date of the 
     conveyance.
       (5) Land not conveyed.--The State shall continue to manage 
     the land not conveyed under this section in accordance with 
     the terms and conditions of Army Lease Number DACW21-1-92-
     0500.

     SEC. 3108. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

       (a) Membership.--Section 904(b)(1)(B) of the Water 
     Resources Development Act of 2000 (114 Stat. 2708) is 
     amended--
       (1) in clause (vii), by striking ``and'' at the end;
       (2) by redesignating clause (viii) as clause (ix); and
       (3) by inserting after clause (vii) the following:
       ``(viii) rural water systems; and''.
       (b) Reauthorization.--Section 907(a) of the Water Resources 
     Development Act of 2000 (114 Stat. 2712) is amended in the 
     first sentence by striking ``2005'' and inserting ``2010''.

     SEC. 3109. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT 
                   PROJECT.

       Section 514 of the Water Resources Development Act of 1999 
     (113 Stat. 343; 117 Stat. 142) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (h) and (i), respectively;
       (2) in subsection (h) (as redesignated by paragraph (1)), 
     by striking paragraph (1) and inserting the following:
       ``(1) Non-federal share.--
       ``(A) In general.--The non-Federal share of the cost of 
     projects may be provided--
       ``(i) in cash;
       ``(ii) by the provision of land, easements, rights-of-way, 
     relocations, or disposal areas;
       ``(iii) by in-kind services to implement the project; or
       ``(iv) by any combination of the foregoing.
       ``(B) Private ownership.--Land needed for a project under 
     this authority may remain in private ownership subject to 
     easements that are--
       ``(i) satisfactory to the Secretary; and
       ``(ii) necessary to assure achievement of the project 
     purposes.'';
       (3) in subsection (i) (as redesignated by paragraph (1)), 
     by striking ``for the period of fiscal years 2000 and 2001.'' 
     and inserting ``per year, and that authority shall extend 
     until Federal fiscal year 2011.''; and
       (4) by inserting after subsection (e) the following:
       ``(f) Nonprofit Entities.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, a non-Federal 
     interest may include a regional or national nonprofit entity 
     with the consent of the affected local government.
       ``(g) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single locality.''

     SEC. 3110. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

       The project for flood control, Nonconnah Creek, Tennessee 
     and Mississippi, authorized by section 401 of the Water 
     Resources Development Act of 1986 (100 Stat. 4124) and 
     modified by the section 334 of the Water Resources 
     Development Act of 2000 (114 Stat. 2611), is modified to 
     authorize the Secretary--
       (1) to reconstruct, at full Federal expense, the weir 
     originally constructed in the vicinity of the mouth of 
     Nonconnah Creek; and
       (2) to make repairs and maintain the weir in the future so 
     that the weir functions properly.

     SEC. 3111. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, 
                   TENNESSEE.

       (a) Release of Retained Rights, Interests, Reservations.--
     With respect to land conveyed by the Secretary to the 
     Tennessee Society of Crippled Children and Adults, 
     Incorporated (commonly known as ``Easter

[[Page 12038]]

     Seals Tennessee'') at Old Hickory Lock and Dam, Cumberland 
     River, Tennessee, under section 211 of the Flood Control Act 
     of 1965 (79 Stat. 1087), the reversionary interests and the 
     use restrictions relating to recreation and camping purposes 
     are extinguished.
       (b) Instrument of Release.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall 
     execute and file in the appropriate office a deed of release, 
     amended deed, or other appropriate instrument effectuating 
     the release of interests required by subsection (a).
       (c) No Effect on Other Rights.--Nothing in this section 
     affects any remaining right or interest of the Corps of 
     Engineers with respect to an authorized purpose of any 
     project.

     SEC. 3112. SANDY CREEK, JACKSON COUNTY, TENNESSEE.

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

     SEC. 3113. CEDAR BAYOU, TEXAS.

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

     SEC. 3114. DENISON, TEXAS.

       (a) In General.--The Secretary shall offer to convey at 
     fair market value to the city of Denison, Texas (or a 
     designee of the city), all right, title, and interest of the 
     United States in and to the approximately 900 acres of land 
     located in Grayson County, Texas, which is currently subject 
     to an Application for Lease for Public Park and Recreational 
     Purposes made by the city of Denison, dated August 17, 2005.
       (b) Survey to Obtain Legal Description.--The exact acreage 
     and description of the real property referred to in 
     subsection (a) shall be determined by a survey paid for by 
     the city of Denison, Texas (or a designee of the city), that 
     is satisfactory to the Secretary.
       (c) Conveyance.--On acceptance by the city of Denison, 
     Texas (or a designee of the city), of an offer under 
     subsection (a), the Secretary may immediately convey the land 
     surveyed under subsection (b) by quitclaim deed to the city 
     of Denison, Texas (or a designee of the city).

     SEC. 3115. CENTRAL CITY, FORT WORTH, TEXAS.

       For the purposes of achieving efficiencies, enhanced 
     benefits, and complementary implementation, as compared with 
     construction of the projects separately, the project for 
     flood control and other purposes authorized by section 116 of 
     division C of title I of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447; 118 Stat. 2944), is modified to 
     include the project for ecosystem restoration, as generally 
     defined in the report of the report of the Chief of Engineers 
     entitled ``Riverside Oxbow, Fort Worth, Texas'' and dated May 
     29, 2003, at a total cost of $247,110,000, with an estimated 
     Federal cost of $121,210,000 and a non-Federal cost of 
     $125,900,000.

     SEC. 3116. FREEPORT HARBOR, TEXAS.

       (a) In General.--The project for navigation, Freeport 
     Harbor, Texas, authorized by section 101 of the River and 
     Harbor Act of 1970 (84 Stat. 1818), is modified to provide 
     that--
       (1) all project costs incurred as a result of the discovery 
     of the sunken vessel COMSTOCK of the Corps of Engineers are a 
     Federal responsibility; and
       (2) the Secretary shall not seek further obligation or 
     responsibility for removal of the vessel COMSTOCK, or costs 
     associated with a delay due to the discovery of the sunken 
     vessel COMSTOCK, from the Port of Freeport.
       (b) Cost Sharing.--This section does not affect the 
     authorized cost sharing for the balance of the project 
     described in subsection (a).

     SEC. 3117. HARRIS COUNTY, TEXAS.

       Section 575(b) of the Water Resources Development Act of 
     1996 (110 Stat. 3789; 113 Stat. 311) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding the following:
       ``(5) the project for flood control, Upper White Oak Bayou, 
     Texas, authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4125).''.

     SEC. 3118. CONNECTICUT RIVER RESTORATION, VERMONT.

       Notwithstanding section 221 of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b), with respect to the study entitled 
     ``Connecticut River Restoration Authority'', dated May 23, 
     2001, a nonprofit entity may act as the non-Federal interest 
     for purposes of carrying out the activities described in the 
     agreement executed between The Nature Conservancy and the 
     Department of the Army on August 5, 2005.

     SEC. 3119. DAM REMEDIATION, VERMONT.

       Section 543 of the Water Resources Development Act of 2000 
     (114 Stat. 2673) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) may carry out measures to restore, protect, and 
     preserve an ecosystem affected by a dam described in 
     subsection (b).''; and
       (2) in subsection (b), by adding at the end the following:
       ``(11) Camp Wapanacki, Hardwick.
       ``(12) Star Lake Dam, Mt. Holly.
       ``(13) Curtis Pond, Calais.
       ``(14) Weathersfield Reservoir, Springfield.
       ``(15) Burr Pond, Sudbury.
       ``(16) Maidstone Lake, Guildhall.
       ``(17) Upper and Lower Hurricane Dam.
       ``(18) Lake Fairlee.
       ``(19) West Charleston Dam.''.

     SEC. 3120. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, 
                   AND OTHER NONNATIVE PLANT CONTROL, VERMONT.

       Under authority of section 104 of the River and Harbor Act 
     of 1958 (33 U.S.C. 610), the Secretary shall revise the 
     existing General Design Memorandum to permit the use of 
     chemical means of control, when appropriate, of Eurasian 
     milfoil, water chestnuts, and other nonnative plants in the 
     Lake Champlain basin, Vermont.

     SEC. 3121. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, 
                   VERMONT AND NEW HAMPSHIRE.

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

     SEC. 3122. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 
                   RESTORATION, VERMONT AND NEW HAMPSHIRE.

       (a) General Management Plan Development.--
       (1) In general.--The Secretary, in cooperation with the 
     Secretary of Agriculture and in consultation with the States 
     of Vermont and New Hampshire and the Connecticut River Joint 
     Commission, shall conduct a study and develop a general 
     management plan for ecosystem restoration of the Upper 
     Connecticut River ecosystem for the purposes of--
       (A) habitat protection and restoration;
       (B) streambank stabilization;
       (C) restoration of stream stability;
       (D) water quality improvement;
       (E) invasive species control;
       (F) wetland restoration;
       (G) fish passage; and
       (H) natural flow restoration.
       (2) Existing plans.--In developing the general management 
     plan, the Secretary shall depend heavily on existing plans 
     for the restoration of the Upper Connecticut River.
       (b) Critical Restoration Projects.--
       (1) In general.--The Secretary may participate in any 
     critical restoration project in the Upper Connecticut River 
     Basin in accordance with the general management plan 
     developed under subsection (a).
       (2) Eligible projects.--A critical restoration project 
     shall be eligible for assistance under this section if the 
     project--

[[Page 12039]]

       (A) meets the purposes described in the general management 
     plan developed under subsection (a); and
       (B) with respect to the Upper Connecticut River and Upper 
     Connecticut River watershed, consists of--
       (i) bank stabilization of the main stem, tributaries, and 
     streams;
       (ii) wetland restoration and migratory bird habitat 
     restoration;
       (iii) soil and water conservation;
       (iv) restoration of natural flows;
       (v) restoration of stream stability;
       (vi) implementation of an intergovernmental agreement for 
     coordinating ecosystem restoration, fish passage 
     installation, streambank stabilization, wetland restoration, 
     habitat protection and restoration, or natural flow 
     restoration;
       (vii) water quality improvement;
       (viii) invasive species control;
       (ix) wetland restoration and migratory bird habitat 
     restoration;
       (x) improvements in fish migration; and
       (xi) conduct of any other project or activity determined to 
     be appropriate by the Secretary.
       (c) Cost Sharing.--The Federal share of the cost of any 
     project carried out under this section shall not be less than 
     65 percent.
       (d) Non-Federal Interest.--A nonprofit organization may 
     serve as the non-Federal interest for a project carried out 
     under this section.
       (e) Crediting.--
       (1) For work.--The Secretary shall provide credit, 
     including credit for in-kind contributions of up to 100 
     percent of the non-Federal share, for work (including design 
     work and materials) if the Secretary determines that the work 
     performed by the non-Federal interest is integral to the 
     product.
       (2) For other contributions.--The non-Federal interest 
     shall receive credit for land, easements, rights-of-way, 
     dredged material disposal areas, and relocations necessary to 
     implement the projects.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into 1 or more cooperative agreements 
     to provide financial assistance to appropriate Federal, 
     State, or local governments or nonprofit agencies, including 
     assistance for the implementation of projects to be carried 
     out under subsection (b).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 3123. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

       Section 542 of the Water Resources Development Act of 2000 
     (114 Stat. 2671) is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (D), by striking ``or'' at the end;
       (B) by redesignating subparagraph (E) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (D) the following:
       ``(E) river corridor assessment, protection, management, 
     and restoration for the purposes of ecosystem restoration;
       ``(F) geographic mapping conducted by the Secretary using 
     existing technical capacity to produce a high-resolution, 
     multispectral satellite imagery-based land use and cover data 
     set; or'';
       (2) in subsection (e)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``The non-Federal'' and inserting the 
     following:
       ``(i) In general.--The non-Federal''; and
       (ii) by adding at the end the following:
       ``(ii) Approval of district engineer.--Approval of credit 
     for design work of less than $100,000 shall be determined by 
     the appropriate district engineer.''; and
       (B) in subparagraph (C), by striking ``up to 50 percent 
     of''; and
       (3) in subsection (g), by striking ``$20,000,000'' and 
     inserting ``$32,000,000''.

     SEC. 3124. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND 
                   MARYLAND.

       Section 704(b) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2263(b)) is amended--
       (1) by redesignating paragraph (2) as paragraph (4);
       (2) in paragraph (1)--
       (A) in the second sentence, by striking ``$30,000,000'' and 
     inserting ``$50,000,000''; and
       (B) in the third sentence, by striking ``Such projects'' 
     and inserting the following:
       ``(2) Inclusions.--Such projects'';
       (3) by striking paragraph (2)(D) (as redesignated by 
     paragraph (2)(B)) and inserting the following:
       ``(D) the restoration and rehabilitation of habitat for 
     fish, including native oysters, in the Chesapeake Bay and its 
     tributaries in Virginia and Maryland, including--
       ``(i) the construction of oyster bars and reefs;
       ``(ii) the rehabilitation of existing marginal habitat;
       ``(iii) the use of appropriate alternative substrate 
     material in oyster bar and reef construction;
       ``(iv) the construction and upgrading of oyster hatcheries; 
     and
       ``(v) activities relating to increasing the output of 
     native oyster broodstock for seeding and monitoring of 
     restored sites to ensure ecological success.
       ``(3) Restoration and rehabilitation activities.--The 
     restoration and rehabilitation activities described in 
     paragraph (2)(D) shall be--
       ``(A) for the purpose of establishing permanent sanctuaries 
     and harvest management areas; and
       ``(B) consistent with plans and strategies for guiding the 
     restoration of the Chesapeake Bay oyster resource and 
     fishery.''; and
       (4) by adding at the end the following:
       ``(5) Definition of ecological success.--In this 
     subsection, the term `ecological success' means--
       ``(A) achieving a tenfold increase in native oyster biomass 
     by the year 2010, from a 1994 baseline; and
       ``(B) the establishment of a sustainable fishery as 
     determined by a broad scientific and economic consensus.''.

     SEC. 3125. JAMES RIVER, VIRGINIA.

       The Secretary shall accept funds from the National Park 
     Service to provide technical and project management 
     assistance for the James River, Virginia, with a particular 
     emphasis on locations along the shoreline adversely impacted 
     by Hurricane Isabel.

     SEC. 3126. TANGIER ISLAND SEAWALL, VIRGINIA.

       Section 577(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3789) is amended by striking ``at a total 
     cost of $1,200,000, with an estimated Federal cost of 
     $900,000 and an estimated non-Federal cost of $300,000.'' and 
     inserting ``at a total cost of $3,000,000, with an estimated 
     Federal cost of $2,400,000 and an estimated non-Federal cost 
     of $600,000.''.

     SEC. 3127. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, 
                   WASHINGTON.

       (a) In General.--The Lower Columbia River levees and bank 
     protection works authorized by section 204 of the Flood 
     Control Act of 1950 (64 Stat. 178) is modified with regard to 
     the Wahkiakum County diking districts No. 1 and 3, but 
     without regard to any cost ceiling authorized before the date 
     of enactment of this Act, to direct the Secretary to provide 
     a 1-time placement of dredged material along portions of the 
     Columbia River shoreline of Puget Island, Washington, between 
     river miles 38 to 47, and the shoreline of Westport Beach, 
     Clatsop County, Oregon, between river miles 43 to 45, to 
     protect economic and environmental resources in the area from 
     further erosion.
       (b) Coordination and Cost Sharing Requirements.--The 
     Secretary shall carry out subsection (a)--
       (1) in coordination with appropriate resource agencies;
       (2) in accordance with all applicable Federal law 
     (including regulations); and
       (3) at full Federal expense.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

     SEC. 3128. LOWER GRANITE POOL, WASHINGTON.

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

     SEC. 3129. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE 
                   REFUGE, WASHINGTON AND IDAHO.

       (a) Transfer of Administrative Jurisdiction.--
     Administrative jurisdiction over the land acquired for the 
     McNary Lock and Dam Project and managed by the United States 
     Fish and Wildlife Service under Cooperative Agreement Number 
     DACW68-4-00-13 with the Corps of Engineers, Walla Walla 
     District, is transferred from the Secretary to the Secretary 
     of the Interior.
       (b) Easements.--The transfer of administrative jurisdiction 
     under subsection (a) shall be subject to easements in 
     existence as of the date of enactment of this Act on land 
     subject to the transfer.
       (c) Rights of Secretary.--
       (1) In general.--Except as provided in paragraph (3), the 
     Secretary shall retain rights described in paragraph (2) with 
     respect to the land for which administrative jurisdiction is 
     transferred under subsection (a).
       (2) Rights.--The rights of the Secretary referred to in 
     paragraph (1) are the rights--
       (A) to flood land described in subsection (a) to the 
     standard project flood elevation;
       (B) to manipulate the level of the McNary Project Pool;

[[Page 12040]]

       (C) to access such land described in subsection (a) as may 
     be required to install, maintain, and inspect sediment ranges 
     and carry out similar activities;
       (D) to construct and develop wetland, riparian habitat, or 
     other environmental restoration features authorized by 
     section 1135 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2309a) and section 206 of the Water Resources 
     Development Act of 1996 (33 U.S.C. 2330);
       (E) to dredge and deposit fill materials; and
       (F) to carry out management actions for the purpose of 
     reducing the take of juvenile salmonids by avian colonies 
     that inhabit, before, on, or after the date of enactment of 
     this Act, any island included in the land described in 
     subsection (a).
       (3) Coordination.--Before exercising a right described in 
     any of subparagraphs (C) through (F) of paragraph (2), the 
     Secretary shall coordinate the exercise with the United 
     States Fish and Wildlife Service.
       (d) Management.--
       (1) In general.--The land described in subsection (a) shall 
     be managed by the Secretary of the Interior as part of the 
     McNary National Wildlife Refuge.
       (2) Cummins property.--
       (A) Retention of credits.--Habitat unit credits described 
     in the memorandum entitled ``Design Memorandum No. 6, LOWER 
     SNAKE RIVER FISH AND WILDLIFE COMPENSATION PLAN, Wildlife 
     Compensation and Fishing Access Site Selection, Letter 
     Supplement No. 15, SITE DEVELOPMENT PLAN FOR THE WALLULA 
     HMU'' provided for the Lower Snake River Fish and Wildlife 
     Compensation Plan through development of the parcel of land 
     formerly known as the ``Cummins property'' shall be retained 
     by the Secretary despite any changes in management of the 
     parcel on or after the date of enactment of this Act.
       (B) Site development plan.--The United States Fish and 
     Wildlife Service shall obtain prior approval of the 
     Washington State Department of Fish and Wildlife for any 
     change to the previously approved site development plan for 
     the parcel of land formerly known as the ``Cummins 
     property''.
       (3) Madame dorian recreation area.--The United States Fish 
     and Wildlife Service shall continue operation of the Madame 
     Dorian Recreation Area for public use and boater access.
       (e) Administrative Costs.--The United States Fish and 
     Wildlife Service shall be responsible for all survey, 
     environmental compliance, and other administrative costs 
     required to implement the transfer of administrative 
     jurisdiction under subsection (a).

     SEC. 3130. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.

       The Fish and Wildlife Compensation Plan for the Lower Snake 
     River, Washington and Idaho, as authorized by section 101 of 
     the Water Resources Development Act of 1976 (90 Stat. 2921), 
     is modified to authorize the Secretary to conduct studies and 
     implement aquatic and riparian ecosystem restorations and 
     improvements specifically for fisheries and wildlife.

     SEC. 3131. WHATCOM CREEK WATERWAY, BELLINGHAM, WASHINGTON.

       That portion of the project for navigation, Whatcom Creek 
     Waterway, Bellingham, Washington, authorized by the Act of 
     June 25, 1910 (36 Stat. 664, chapter 382) (commonly known as 
     the ``River and Harbor Act of 1910'') and the River and 
     Harbor Act of 1958 (72 Stat. 299), consisting of the last 
     2,900 linear feet of the inner portion of the waterway, and 
     beginning at station 29+00 to station 0+00, shall not be 
     authorized as of the date of enactment of this Act.

     SEC. 3132. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

       The project for flood damage reduction at Lower Mud River, 
     Milton, West Virginia, authorized by section 580 of the Water 
     Resources Development Act of 1996 (110 Stat. 3790; 114 Stat. 
     2612), is modified to authorize the Secretary to carry out 
     the project in accordance with the recommended plan described 
     in the Draft Limited Reevaluation Report of the Corps of 
     Engineers dated May 2004, at a total cost of $57,100,000, 
     with an estimated Federal cost of $42,825,000 and an 
     estimated non-Federal cost of $14,275,000.

     SEC. 3133. MCDOWELL COUNTY, WEST VIRGINIA.

       (a) In General.--The McDowell County nonstructural 
     component of the project for flood control, Levisa and Tug 
     Fork of the Big Sandy and Cumberland Rivers, West Virginia, 
     Virginia, and Kentucky, authorized by section 202(a) of the 
     Energy and Water Development Appropriation Act, 1981 (94 
     Stat. 1339), is modified to direct the Secretary to take 
     measures to provide protection, throughout McDowell County, 
     West Virginia, from the reoccurrence of the greater of--
       (1) the April 1977 flood;
       (2) the July 2001 flood;
       (3) the May 2002 flood; or
       (4) the 100-year frequency event.
       (b) Updates and Revisions.--The measures under subsection 
     (a) shall be carried out in accordance with, and during the 
     development of, the updates and revisions under section 
     2006(e)(2).

     SEC. 3134. GREEN BAY HARBOR PROJECT, GREEN BAY, WISCONSIN.

       The portion of the inner harbor of the Federal navigation 
     channel of the Green Bay Harbor project, authorized by the 
     first section of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved July 5, 1884 (commonly known as the 
     ``River and Harbor Act of 1884'') (23 Stat. 136, chapter 
     229), from Station 190+00 to Station 378+00 is authorized to 
     a width of 75 feet and a depth of 6 feet.

     SEC. 3135. MANITOWOC HARBOR, WISCONSIN.

       (a) In General..--The 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), may be carried out by 
     the Secretary.
       (b) Limitation.--No construction on the project may be 
     initiated until the Secretary determines that the project is 
     feasible.

     SEC. 3136. OCONTO HARBOR, WISCONSIN.

       (a) In General.--The portion of the project for navigation, 
     Oconto Harbor, Wisconsin, authorized by the Act of August 2, 
     1882 (22 Stat. 196, chapter 375), and the Act of June 25, 
     1910 (36 Stat. 664, chapter 382) (commonly known as the 
     ``River and Harbor Act of 1910''), consisting of a 15-foot-
     deep turning basin in the Oconto River, as described in 
     subsection (b), is no longer authorized.
       (b) Project Description.--The project referred to in 
     subsection (a) is more particularly described as--
       (1) beginning at a point along the western limit of the 
     existing project, N. 394,086.71, E. 2,530,202.71;
       (2) thence northeasterly about 619.93 feet to a point N. 
     394,459.10, E. 2,530,698.33;
       (3) thence southeasterly about 186.06 feet to a point N. 
     394,299.20, E. 2,530,793.47;
       (4) thence southwesterly about 355.07 feet to a point N. 
     393,967.13, E. 2,530,667.76;
       (5) thence southwesterly about 304.10 feet to a point N. 
     393,826.90, E. 2,530,397.92; and
       (6) thence northwesterly about 324.97 feet to the point of 
     origin.

     SEC. 3137. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

       Section 21 of the Water Resources Development Act of 1988 
     (102 Stat. 4027) is amended--
       (1) in subsection (a)--
       (A) by striking ``1276.42'' and inserting ``1278.42'';
       (B) by striking ``1218.31'' and inserting ``1221.31''; and
       (C) by striking ``1234.82'' and inserting ``1235.30''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Exception.--
       ``(1) In general.--The Secretary may operate the headwaters 
     reservoirs below the minimum or above the maximum water 
     levels established under subsection (a) in accordance with 
     water control regulation manuals (or revisions to those 
     manuals) developed by the Secretary, after consultation with 
     the Governor of Minnesota and affected tribal governments, 
     landowners, and commercial and recreational users.
       ``(2) Effective date of manuals.--The water control 
     regulation manuals referred to in paragraph (1) (and any 
     revisions to those manuals) shall be effective as of the date 
     on which the Secretary submits the manuals (or revisions) to 
     Congress.
       ``(3) Notification.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not less than 14 days before operating any headwaters 
     reservoir below the minimum or above the maximum water level 
     limits specified in subsection (a), the Secretary shall 
     submit to Congress a notice of intent to operate the 
     headwaters reservoir.
       ``(B) Exception.--Notice under subparagraph (A) shall not 
     be required in any case in which--
       ``(i) the operation of a headwaters reservoir is necessary 
     to prevent the loss of life or to ensure the safety of a dam; 
     or
       ``(ii) the drawdown of the water level of the reservoir is 
     in anticipation of a flood control operation.''.

     SEC. 3138. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT 
                   INTERPRETIVE SITE.

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

     SEC. 3139. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL 
                   MANAGEMENT PROGRAM.

       (a) In General.--Notwithstanding section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b), for any Upper 
     Mississippi River fish and wildlife habitat rehabilitation 
     and enhancement project carried out under section 1103(e) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     652(e)), with the consent of the affected local government, a 
     nongovernmental organization may be considered to be a non-
     Federal interest.
       (b) Conforming Amendment.--Section 1103(e)(1)(A)(ii) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     652(e)(1)(A)(ii)) is amended by inserting before the period 
     at the end the following: ``, including research on water 
     quality issues

[[Page 12041]]

     affecting the Mississippi River, including elevated nutrient 
     levels, and the development of remediation strategies''.

     SEC. 3140. UPPER BASIN OF MISSOURI RIVER.

       (a) Use of Funds.--Notwithstanding the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247), funds made available for recovery or mitigation 
     activities in the lower basin of the Missouri River may be 
     used for recovery or mitigation activities in the upper basin 
     of the Missouri River, including the States of Montana, 
     Nebraska, North Dakota, and South Dakota.
       (b) Conforming Amendment.--The matter under the heading 
     ``MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND 
     NEBRASKA'' of section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4143), as modified by 
     section 334 of the Water Resources Development Act of 1999 
     (113 Stat. 306), is amended by adding at the end the 
     following: ``The Secretary may carry out any recovery or 
     mitigation activities in the upper basin of the Missouri 
     River, including the States of Montana, Nebraska, North 
     Dakota, and South Dakota, using funds made available under 
     this heading in accordance with the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) and consistent with the project 
     purposes of the Missouri River Mainstem System as authorized 
     by section 10 of the Act of December 22, 1944 (commonly known 
     as the `Flood Control Act of 1944') (58 Stat. 897).''.

     SEC. 3141. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION 
                   PROGRAM.

       (a) Great Lakes Fishery and Ecosystem Restoration.--Section 
     506(c) of the Water Resources Development Act of 2000 (42 
     U.S.C. 1962d-22(c)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Reconnaissance studies.--Before planning, designing, 
     or constructing a project under paragraph (3), the Secretary 
     shall carry out a reconnaissance study--
       ``(A) to identify methods of restoring the fishery, 
     ecosystem, and beneficial uses of the Great Lakes; and
       ``(B) to determine whether planning of a project under 
     paragraph (3) should proceed.''; and
       (3) in paragraph (4)(A) (as redesignated by paragraph (1)), 
     by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)''.
       (b) Cost Sharing.--Section 506(f) of the Water Resources 
     Development Act of 2000 (42 U.S.C. 1962d-22(f)) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Reconnaissance studies.--Any reconnaissance study 
     under subsection (c)(2) shall be carried out at full Federal 
     expense.'';
       (3) in paragraph (3) (as redesignated by paragraph (1)), by 
     striking ``(2) or (3)'' and inserting ``(3) or (4)''; and
       (4) in paragraph (4)(A) (as redesignated by paragraph (1)), 
     by striking ``subsection (c)(2)'' and inserting ``subsection 
     (c)(3)''.

     SEC. 3142. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT 
                   REMEDIATION.

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

     SEC. 3143. GREAT LAKES TRIBUTARY MODELS.

       Section 516(g)(2) of the Water Resources Development Act of 
     1996 (33 U.S.C. 2326b(g)(2)) is amended by striking ``through 
     2006'' and inserting ``through 2011''.

     SEC. 3144. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM 
                   NEW TECHNOLOGY PILOT PROGRAM.

       (a) Definition of Upper Ohio River and Tributaries 
     Navigation System.--In this section, the term ``Upper Ohio 
     River and Tributaries Navigation System'' means the 
     Allegheny, Kanawha, Monongahela, and Ohio Rivers.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a pilot 
     program to evaluate new technologies applicable to the Upper 
     Ohio River and Tributaries Navigation System.
       (2) Inclusions.--The program may include the design, 
     construction, or implementation of innovative technologies 
     and solutions for the Upper Ohio River and Tributaries 
     Navigation System, including projects for--
       (A) improved navigation;
       (B) environmental stewardship;
       (C) increased navigation reliability; and
       (D) reduced navigation costs.
       (3) Purposes.--The purposes of the program shall be, with 
     respect to the Upper Ohio River and Tributaries Navigation 
     System--
       (A) to increase the reliability and availability of 
     federally-owned and federally-operated navigation facilities;
       (B) to decrease system operational risks; and
       (C) to improve--
       (i) vessel traffic management;
       (ii) access; and
       (iii) Federal asset management.
       (c) Federal Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is federally owned.
       (d) Local Cooperation Agreements.--
       (1) In general.--The Secretary shall enter into local 
     cooperation agreements with non-Federal interests to provide 
     for the design, construction, installation, and operation of 
     the projects to be carried out under the program.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall include the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a navigation 
     improvement project, including appropriate engineering plans 
     and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project.
       (3) Cost sharing.--Total project costs under each local 
     cooperation agreement shall be cost-shared in accordance with 
     the formula relating to the applicable original construction 
     project.
       (4) Expenditures.--
       (A) In general.--Expenditures under the program may 
     include, for establishment at federally-owned property, such 
     as locks, dams, and bridges--
       (i) transmitters;
       (ii) responders;
       (iii) hardware;
       (iv) software; and
       (v) wireless networks.
       (B) Exclusions.--Transmitters, responders, hardware, 
     software, and wireless networks or other equipment installed 
     on privately-owned vessels or equipment shall not be eligible 
     under the program.
       (e) Report.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress a report on the results of 
     the pilot program carried out under this section, together 
     with recommendations concerning whether the program or any 
     component of the program should be implemented on a national 
     basis.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,100,000, to 
     remain available until expended.

                           TITLE IV--STUDIES

     SEC. 4001. SEWARD BREAKWATER, ALASKA.

       The Secretary shall review the Seward Boat Harbor element 
     of the project for navigation, Seward Harbor, Alaska, 
     authorized by section 101(a)(3) of the Water Resources 
     Development Act of 1999 (113 Stat. 274), to determine whether 
     the failure of the outer breakwater to protect the harbor 
     from heavy wave damage resulted from a design deficiency.

     SEC. 4002. NOME HARBOR IMPROVEMENTS, ALASKA.

       The Secretary shall review the project for navigation, Nome 
     Harbor improvements, Alaska, authorized by section 101(a)(1) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     273), to determine whether the project cost increases, 
     including the cost of rebuilding the entrance channel damaged 
     in a September 2005 storm, resulted from a design deficiency.

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

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

     SEC. 4004. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, 
                   CALIFORNIA.

       (a) In General.--The Secretary shall prepare a 
     comprehensive report that examines the condition of the 
     existing Fruitvale Avenue Railroad Bridge, Alameda County, 
     California (referred to in this section as the ``Railroad 
     Bridge''), and determines the most economic means to maintain 
     that rail link by either repairing or replacing the Railroad 
     Bridge.
       (b) Requirements.--The report under this section shall 
     include--
       (1) a determination of whether the Railroad Bridge is in 
     immediate danger of failing or collapsing;
       (2) the annual costs to maintain the Railroad Bridge;

[[Page 12042]]

       (3) the costs to place the Railroad Bridge in a safe, ``no-
     collapse'' condition, such that the Railroad Bridge will not 
     endanger maritime traffic;
       (4) the costs to retrofit the Railroad Bridge such that the 
     Railroad Bridge may continue to serve as a rail link between 
     the Island of Alameda and the Mainland; and
       (5) the costs to construct a replacement for the Railroad 
     Bridge capable of serving the current and future rail, light 
     rail, and homeland security needs of the region.
       (c) Submission of Report.--The Secretary shall--
       (1) complete the Railroad Bridge report under subsection 
     (a) not later than 180 days after the date of enactment of 
     this Act; and
       (2) submit the report to the Committee on Environment and 
     Public Works of the Senate and Committee on Transportation 
     and Infrastructure of the House of Representatives.
       (d) Limitations.--The Secretary shall not--
       (1) demolish the Railroad Bridge or otherwise render the 
     Railroad Bridge unavailable or unusable for rail traffic; or
       (2) reduce maintenance of the Railroad Bridge.
       (e) Easement.--
       (1) In general.--The Secretary shall provide to the city of 
     Alameda, California, a nonexclusive access easement over the 
     Oakland Estuary that comprises the subsurface land and 
     surface approaches for the Railroad Bridge that--
       (A) is consistent with the Bay Trail Proposal of the City 
     of Oakland; and
       (B) is otherwise suitable for the improvement, operation, 
     and maintenance of the Railroad Bridge or construction, 
     operation, and maintenance of a suitable replacement bridge.
       (2) Cost.--The easement under paragraph (1) shall be 
     provided to the city of Alameda without consideration and at 
     no cost to the United States.

     SEC. 4005. LOS ANGELES RIVER REVITALIZATION STUDY, 
                   CALIFORNIA.

       (a) In General.--The Secretary, in coordination with the 
     city of Los Angeles, shall--
       (1) prepare a feasibility study for environmental ecosystem 
     restoration, flood control, recreation, and other aspects of 
     Los Angeles River revitalization that is consistent with the 
     goals of the Los Angeles River Revitalization Master Plan 
     published by the city of Los Angeles; and
       (2) consider any locally-preferred project alternatives 
     developed through a full and open evaluation process for 
     inclusion in the study.
       (b) Use of Existing Information and Measures.--In preparing 
     the study under subsection (a), the Secretary shall use, to 
     the maximum extent practicable--
       (1) information obtained from the Los Angeles River 
     Revitalization Master Plan; and
       (2) the development process of that plan.
       (c) Demonstration Projects.--
       (1) In general.--The Secretary is authorized to construct 
     demonstration projects in order to provide information to 
     develop the study under subsection (a)(1).
       (2) Federal share.--The Federal share of the cost of any 
     project under this subsection shall be not more than 65 
     percent.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $25,000,000.

     SEC. 4006. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

       The Secretary shall carry out a study for bank 
     stabilization and shore protection for Nicholas Canyon, Los 
     Angeles, California, under section 3 of the Act of August 13, 
     1946 (33 U.S.C. 426g).

     SEC. 4007. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.

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

     SEC. 4008. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. 
                   HELENA, CALIFORNIA.

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

     SEC. 4009. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, 
                   SHERMAN ISLAND, CALIFORNIA.

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

     SEC. 4010. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 
                   CALIFORNIA.

       (a) In General.--The Secretary, in cooperation with non-
     Federal interests, shall conduct a study of the feasibility 
     of carrying out a project for--
       (1) flood protection of South San Francisco Bay shoreline;
       (2) restoration of the South San Francisco Bay salt ponds 
     (including on land owned by other Federal agencies); and
       (3) other related purposes, as the Secretary determines to 
     be appropriate.
       (b) Independent Review.--To the extent required by 
     applicable Federal law, a national science panel shall 
     conduct an independent review of the study under subsection 
     (a).
       (c) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study under subsection 
     (a).
       (2) Inclusions.--The report under paragraph (1) shall 
     include recommendations of the Secretary with respect to the 
     project described in subsection (a) based on planning, 
     design, and land acquisition documents prepared by--
       (A) the California State Coastal Conservancy;
       (B) the Santa Clara Valley Water District; and
       (C) other local interests.

     SEC. 4011. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.

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

     SEC. 4012. FOUNTAIN CREEK, NORTH OF PUEBLO, COLORADO.

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

     SEC. 4013. SELENIUM STUDY, COLORADO.

       (a) In General.--The Secretary, in consultation with State 
     water quality and resource and conservation agencies, shall 
     conduct regional and watershed-wide studies to address 
     selenium concentrations in the State of Colorado, including 
     studies--
       (1) to measure selenium on specific sites; and
       (2) to determine whether specific selenium measures studied 
     should be recommended for use in demonstration projects.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.

     SEC. 4014. DELAWARE INLAND BAYS AND TRIBUTARIES AND ATLANTIC 
                   COAST, DELAWARE.

       (a) In General.--The Secretary shall conduct a study to 
     determine the feasibility of modifying the project for 
     navigation, Indian River Inlet and Bay, Delaware.
       (b) Factors for Consideration and Priority.--In carrying 
     out the study under subsection (a), the Secretary shall--
       (1) take into consideration all necessary activities to 
     stabilize the scour holes threatening the Inlet and Bay 
     shorelines; and
       (2) give priority to stabilizing and restoring the Inlet 
     channel and scour holes adjacent to the United States Coast 
     Guard pier and helipad and the adjacent State-owned 
     properties.

     SEC. 4015. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR 
                   REHABILITATION REPORT, FLORIDA.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall publish a 
     supplemental report to the major rehabilitation report for 
     the Herbert Hoover Dike system approved by the Chief of 
     Engineers in November 2000.
       (b) Inclusions.--The supplemental report under subsection 
     (a) shall include--
       (1) an evaluation of existing conditions at the Herbert 
     Hoover Dike system;
       (2) an identification of additional risks associated with 
     flood events at the system that are equal to or greater than 
     the standard projected flood risks;
       (3) an evaluation of the potential to integrate projects of 
     the Corps of Engineers into an enhanced flood protection 
     system for Lake Okeechobee, including--
       (A) the potential for additional water storage north of 
     Lake Okeechobee; and
       (B) an analysis of other project features included in the 
     Comprehensive Everglades Restoration Plan; and
       (4) a review of the report prepared for the South Florida 
     Water Management District dated April 2006.

[[Page 12043]]

       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000.

     SEC. 4016. 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 to include ecosystem restoration 
     and water supply as project purposes to be studied.

     SEC. 4017. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO 
                   SHORELINE, CHICAGO, ILLINOIS.

       (a) Review.--
       (1) In general.--The Secretary is authorized to conduct a 
     third-party review of the Promontory Point project along the 
     Chicago Shoreline, Chicago, Illinois, at a cost not to exceed 
     $450,000.
       (2) Joint review.--The Buffalo and Seattle Districts of the 
     Corps of Engineers shall jointly conduct the review under 
     paragraph (1).
       (3) Standards.--The review shall be based on the standards 
     under part 68 of title 36, Code of Federal Regulations (or 
     successor regulation), for implementation by the non-Federal 
     sponsor for the Chicago Shoreline Chicago, Illinois, project.
       (b) Contributions.--The Secretary shall accept from a State 
     or political subdivision of a State voluntarily contributed 
     funds to initiate the third-party review.
       (c) Treatment.--While the third-party review is of the 
     Promontory Point portion of the Chicago Shoreline, Chicago, 
     Illinois, project, the third-party review shall be separate 
     and distinct from the Chicago Shoreline, Chicago, Illinois, 
     project.
       (d) Effect of Section.--Nothing in this section affects the 
     authorization for the Chicago Shoreline, Chicago, Illinois, 
     project.

     SEC. 4018. VIDALIA PORT, LOUISIANA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for navigation 
     improvement at Vidalia, Louisiana.

     SEC. 4019. LAKE ERIE AT LUNA PIER, MICHIGAN.

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

     SEC. 4020. 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 of that project.

     SEC. 4021. ASIAN CARP DISPERSAL BARRIER DEMONSTRATION 
                   PROJECT, UPPER MISSISSIPPI RIVER.

       (a) In General.--The Secretary is authorized to carry out a 
     study to determine the feasibility of constructing a fish 
     barrier demonstration project to delay, deter, impede, or 
     restrict the invasion of Asian carp into the northern reaches 
     of the Upper Mississippi River.
       (b) Requirement.--In conducting the study under subsection 
     (a), the Secretary shall take into consideration the 
     feasibility of locating the fish barrier at the lock portion 
     of the project at Lock and Dam 11 in the Upper Mississippi 
     River Basin.

     SEC. 4022. FLOOD DAMAGE REDUCTION, OHIO.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out projects for flood damage 
     reduction in Cuyahoga, Lake, Ashtabula, Geauga, Erie, Lucas, 
     Sandusky, Huron, and Stark Counties, Ohio.

     SEC. 4023. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, 
                   OHIO.

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

     SEC. 4024. 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. 4025. TOLEDO HARBOR DREDGED MATERIAL PLACEMENT, TOLEDO, 
                   OHIO.

       The Secretary shall study the feasibility of removing 
     previously dredged and placed materials from the Toledo 
     Harbor confined disposal facility, transporting the 
     materials, and disposing of the materials in or at abandoned 
     mine sites in southeastern Ohio.

     SEC. 4026. TOLEDO HARBOR, MAUMEE RIVER, AND LAKE CHANNEL 
                   PROJECT, TOLEDO, OHIO.

       (a) In General.--The Secretary shall conduct a study to 
     determine the feasibility of constructing a project for 
     navigation, Toledo, Ohio.
       (b) Factors for Consideration.--In conducting the study 
     under subsection (a), the Secretary shall take into 
     consideration--
       (1) realigning the existing Toledo Harbor channel widening 
     occurring where the River Channel meets the Lake Channel from 
     the northwest to the southeast side of the Channel;
       (2) realigning the entire 200-foot wide channel located at 
     the upper river terminus of the River Channel southern river 
     embankment towards the northern river embankment; and
       (3) adjusting the existing turning basin to accommodate 
     those changes.

     SEC. 4027. WOONSOCKET LOCAL PROTECTION PROJECT, BLACKSTONE 
                   RIVER BASIN, RHODE ISLAND.

       The Secretary shall conduct a study, and, not later than 
     June 30, 2008, submit to Congress a report that describes the 
     results of the study, on the flood damage reduction project, 
     Woonsocket, Blackstone River Basin, Rhode Island, authorized 
     by the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665), 
     to determine the measures necessary to restore the level of 
     protection of the project as originally designed and 
     constructed.

     SEC. 4028. JASPER COUNTY PORT FACILITY STUDY, SOUTH CAROLINA.

       (a) In General.--The Secretary may determine the 
     feasibility of providing improvements to the Savannah River 
     for navigation and related purposes that may be necessary to 
     support the location of container cargo and other port 
     facilities to be located in Jasper County, South Carolina, 
     near the vicinity of mile 6 of the Savannah Harbor Entrance 
     Channel.
       (b) Consideration.--In making a determination under 
     subsection (a), the Secretary shall take into consideration--
       (1) landside infrastructure;
       (2) the provision of any additional dredged material 
     disposal area for maintenance of the ongoing Savannah Harbor 
     Navigation project; and
       (3) the results of a consultation with the Governor of the 
     State of Georgia and the Governor of the State of South 
     Carolina.

     SEC. 4029. JOHNSON CREEK, ARLINGTON, TEXAS.

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

     SEC. 4030. ECOSYSTEM AND HYDROPOWER GENERATION DAMS, VERMONT.

       (a) In General.--The Secretary shall conduct a study of the 
     potential to carry out ecosystem restoration and hydropower 
     generation at dams in the State of Vermont, including a 
     review of the report of the Secretary on the land and water 
     resources of the New England-New York region submitted to the 
     President on April 27, 1956 (published as Senate Document 
     Number 14, 85th Congress), and other relevant reports.
       (b) Purpose.--The purpose of the study under subsection (a) 
     shall be to determine the feasibility of providing water 
     resource improvements and small-scale hydropower generation 
     in the State of Vermont, including, as appropriate, options 
     for dam restoration, hydropower, dam removal, and fish 
     passage enhancement.
       (c) Authorization of Appropriations.--There is authorized 
     to carry out this section $500,000, to remain available until 
     expended.

     SEC. 4031. EURASIAN MILFOIL.

       Under the authority of section 104 of the River and Harbor 
     Act of 1958 (33 U.S.C. 610), the Secretary shall carry out a 
     study, at full Federal expense, to develop national protocols 
     for the use of the Euhrychiopsis lecontei weevil for 
     biological control of Eurasian milfoil in the lakes of 
     Vermont and other northern tier States.

     SEC. 4032. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.

       (a) Dispersal Barrier Project.--The Secretary shall 
     determine, at full Federal expense, the feasibility of a 
     dispersal barrier project at the Lake Champlain Canal.
       (b) Construction, Maintenance, and Operation.--If the 
     Secretary determines that the project described in subsection 
     (a) is feasible, the Secretary shall construct, maintain, and 
     operate a dispersal barrier at the Lake Champlain Canal at 
     full Federal expense.

     SEC. 4033. BAKER BAY AND ILWACO HARBOR, WASHINGTON.

       The Secretary shall conduct a study of increased siltation 
     in Baker Bay and Ilwaco Harbor, Washington, to determine 
     whether the siltation is the result of a Federal navigation 
     project.

     SEC. 4034. ELLIOT BAY SEAWALL REHABILITATION STUDY, 
                   WASHINGTON.

       The study for the rehabilitation of the Elliot Bay Seawall, 
     Seattle, Washington, is modified to direct the Secretary to 
     determine the feasibility of reducing future damage to the 
     seawall from seismic activity.

     SEC. 4035. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN.

       The Secretary shall conduct a study of the Johnsonville 
     Dam, Johnsonville, Wisconsin, to determine whether the 
     structure prevents ice jams on the Sheboygan River.

     SEC. 4036. DEBRIS REMOVAL.

       (a) Reevaluation.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Administrator of the Environmental Protection Agency and 
     in consultation with affected

[[Page 12044]]

     communities, shall conduct a complete reevaluation of Federal 
     and non-Federal demolition, debris removal, segregation, 
     transportation, and disposal practices relating to disaster 
     areas designated in response to Hurricanes Katrina and Rita 
     (including regulated and nonregulated materials and debris).
       (2) Inclusions.--The reevaluation under paragraph (1) shall 
     include a review of--
       (A) compliance with all applicable environmental laws;
       (B) permits issued or required to be issued with respect to 
     debris handling, transportation, storage, or disposal; and
       (C) administrative actions relating to debris removal and 
     disposal in the disaster areas described in paragraph (1).
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on the Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that--
       (1) describes the findings of the Secretary with respect to 
     the reevaluation under subsection (a);
       (2)(A) certifies compliance with all applicable 
     environmental laws; and
       (B) identifies any area in which a violation of such a law 
     has occurred or is occurring;
       (3) includes recommendations to ensure--
       (A) the protection of the environment;
       (B) sustainable practices; and
       (C) the integrity of hurricane and flood protection 
     infrastructure relating to debris disposal practices;
       (4) contains an enforcement plan that is designed to 
     prevent illegal dumping of hurricane debris in a disaster 
     area; and
       (5) contains plans of the Secretary and the Administrator 
     to involve the public and non-Federal interests, including 
     through the formation of a Federal advisory committee, as 
     necessary, to seek public comment relating to the removal, 
     disposal, and planning for the handling of post-hurricane 
     debris.

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 5001. LAKES PROGRAM.

       Section 602(a) of the Water Resources Development Act of 
     1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is 
     amended--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(20) Lake Sakakawea, North Dakota, removal of silt and 
     aquatic growth and measures to address excessive 
     sedimentation;
       ``(21) Lake Morley, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation;
       ``(22) Lake Fairlee, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation; and
       ``(23) Lake Rodgers, Creedmoor, North Carolina, removal of 
     silt and excessive nutrients and restoration of structural 
     integrity.''.

     SEC. 5002. ESTUARY RESTORATION.

       (a) Purposes.--Section 102 of the Estuary Restoration Act 
     of 2000 (33 U.S.C. 2901) is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``by implementing a coordinated Federal approach 
     to estuary habitat restoration activities, including the use 
     of common monitoring standards and a common system for 
     tracking restoration acreage'';
       (2) in paragraph (2), by inserting ``and implement'' after 
     ``to develop''; and
       (3) in paragraph (3), by inserting ``through cooperative 
     agreements'' after ``restoration projects''.
       (b) Definition of Estuary Habitat Restoration Plan.--
     Section 103(6)(A) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2902(6)(A)) is amended by striking ``Federal or 
     State'' and inserting ``Federal, State, or regional''.
       (c) Estuary Habitat Restoration Program.--Section 104 of 
     the Estuary Restoration Act of 2000 (33 U.S.C. 2903) is 
     amended--
       (1) in subsection (a), by inserting ``through the award of 
     contracts and cooperative agreements'' after ``assistance'';
       (2) in subsection (c)--
       (A) in paragraph (3)(A), by inserting ``or State'' after 
     ``Federal''; and
       (B) in paragraph (4)(B), by inserting ``or approach'' after 
     ``technology'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``Except'' and inserting the following:
       ``(i) In general.--Except''; and
       (ii) by adding at the end the following:
       ``(ii) Monitoring.--

       ``(I) Costs.--The costs of monitoring an estuary habitat 
     restoration project funded under this title may be included 
     in the total cost of the estuary habitat restoration project.
       ``(II) Goals.--The goals of the monitoring shall be--

       ``(aa) to measure the effectiveness of the restoration 
     project; and
       ``(bb) to allow adaptive management to ensure project 
     success.'';
       (B) in paragraph (2), by inserting ``or approach'' after 
     ``technology''; and
       (C) in paragraph (3), by inserting ``(including 
     monitoring)'' after ``services'';
       (4) in subsection (f)(1)(B), by inserting ``long-term'' 
     before ``maintenance''; and
       (5) in subsection (g)--
       (A) by striking ``In carrying'' and inserting the 
     following:
       ``(1) In general.--In carrying''; and
       (B) by adding at the end the following:
       ``(2) Small projects.--
       ``(A) Definition of small project.--In this paragraph, the 
     term `small project' means a project carried out under this 
     title at a Federal cost of less than $1,000,000.
       ``(B) Small project delegation.--In carrying out this 
     title, the Secretary, upon the recommendation of the Council, 
     may delegate implementation of a small project to--
       ``(i) the Secretary of the Interior (acting through the 
     Director of the United States Fish and Wildlife Service);
       ``(ii) the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce;
       ``(iii) the Administrator of the Environmental Protection 
     Agency; or
       ``(iv) the Secretary of Agriculture.
       ``(C) Funding.--The implementation of a small project 
     delegated to the head of a Federal department or agency under 
     this paragraph may be carried out using--
       ``(i) funds appropriated to the department or agency under 
     section 109(a)(1); or
       ``(ii) any other funds available to the department or 
     agency.
       ``(D) Agreements.--The Federal department or agency to 
     which implementation of a small project is delegated shall 
     enter into an agreement with the non-Federal interest 
     generally in conformance with the criteria in subsections (d) 
     and (e). Cooperative agreements may be used for any delegated 
     project.''.
       (d) Establishment of Estuary Habitat Restoration Council.--
     Section 105(b) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2904(b)) is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) cooperating in the implementation of the strategy 
     developed under section 106;
       ``(7) recommending standards for monitoring for restoration 
     projects and contribution of project information to the 
     database developed under section 107; and
       ``(8) otherwise using the respective agency authorities of 
     the Council members to carry out this title.''.
       (e) Monitoring of Estuary Habitat Restoration Projects.--
     Section 107(d) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2906(d)) is amended by striking ``compile'' and 
     inserting ``have general data compilation, coordination, and 
     analysis responsibilities to carry out this title and in 
     support of the strategy developed under this section, 
     including compilation of''.
       (f) Reporting.--Section 108(a) of the Estuary Restoration 
     Act of 2000 (33 U.S.C. 2907(a)) is amended by striking 
     ``third and fifth'' and inserting ``sixth, eighth, and 
     tenth''.
       (g) Funding.--Section 109(a) of the Estuary Restoration Act 
     of 2000 (33 U.S.C. 2908(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``to the Secretary''; and
       (B) by striking subparagraphs (A) through (D) and inserting 
     the following:
       ``(A) to the Secretary, $25,000,000 for each of fiscal 
     years 2007 through 2011;
       ``(B) to the Secretary of the Interior (acting through the 
     Director of the United States Fish and Wildlife Service), 
     $2,500,000 for each of fiscal years 2007 through 2011;
       ``(C) to the Under Secretary for Oceans and Atmosphere of 
     the Department of Commerce, $2,500,000 for each of fiscal 
     years 2007 through 2011;
       ``(D) to the Administrator of the Environmental Protection 
     Agency, $2,500,000 for each of fiscal years 2007 through 
     2011; and
       ``(E) to the Secretary of Agriculture, $2,500,000 for each 
     of fiscal years 2007 through 2011.''; and
       (2) in the first sentence of paragraph (2)--
       (A) by inserting ``and other information compiled under 
     section 107'' after ``this title''; and
       (B) by striking ``2005'' and inserting ``2011''.
       (h) General Provisions.--Section 110 of the Estuary 
     Restoration Act of 2000 (33 U.S.C. 2909) is amended--
       (1) in subsection (b)(1)--
       (A) by inserting ``or contracts'' after ``agreements''; and
       (B) by inserting ``, nongovernmental organizations,'' after 
     ``agencies''; and
       (2) by striking subsections (d) and (e).

     SEC. 5003. ENVIRONMENTAL INFRASTRUCTURE.

       Section 219 of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 
     1494; 114 Stat. 2763A-219) is amended--
       (1) in subsection (c)(5), by striking ``a project for the 
     elimination or control of combined sewer overflows'' and 
     inserting ``projects for the design, installation, 
     enhancement or repair of sewer systems'';
       (2) in subsection (e)(1), by striking ``$20,000,000'' and 
     inserting ``$32,500,000''; and
       (3) in subsection (f)--
       (A) in paragraph (30), by striking ``$55,000,000'' and 
     inserting ``$75,000,000''; and
       (B) by adding at the end the following:

[[Page 12045]]

       ``(77) Chattooga county, georgia.--$8,000,000 for waste and 
     drinking water infrastructure improvement, Chattooga County, 
     Georgia.
       ``(78) Albany, georgia.--$4,000,000 storm drainage system, 
     Albany, Georgia.
       ``(79) Moultrie, georgia.--$5,000,000 for water supply 
     infrastructure, Moultrie, Georgia.
       ``(80) Stephens county/city of toccoa, georgia.--$8,000,000 
     water infrastructure improvements, Stephens County/City of 
     Toccoa, Georgia.
       ``(81) Dahlonega, georgia.--$5,000,000 for water 
     infrastructure improvements, Dahlonega, Georgia.
       ``(82) Banks county, georgia.--$5,000,000 for water 
     infrastructure improvements, Banks County, Georgia.
       ``(83) Berrien county, georgia.--$5,000,000 for water 
     infrastructure improvements, Berrien County, Georgia.
       ``(84) City of east point, georgia.--$5,000,000 for water 
     infrastructure improvements, City of East Point, Georgia.
       ``(85) Armuchee valley: chattooga, floyd, gordon, walker, 
     and whitifield counties, georgia.--$10,000,000 for water 
     infrastructure improvements, Armuchee Valley: Chattooga, 
     Floyd, Gordon, Walker, and Whitifield Counties, Georgia.
       ``(86) Atchison, kansas.--$20,000,000 for combined sewer 
     overflows, Atchison, Kansas.
       ``(87) Lafourche parish, louisiana.--$2,300,000 for 
     measures to prevent the intrusion of saltwater into the 
     freshwater system, Lafourche Parish, Louisiana.
       ``(88) South central planning and development commission, 
     louisiana.--$2,500,000 for water and wastewater improvements, 
     South Central Planning and Development Commission, Louisiana.
       ``(89) Rapides area planning commission, louisiana.--
     $1,000,000 for water and wastewater improvements, Rapides, 
     Louisiana.
       ``(90) Northwest louisiana council of governments, 
     louisiana.--$2,000,000 for water and wastewater improvements, 
     Northwest Louisiana Council of Governments, Louisiana.
       ``(91) Lafayette, louisiana.--$1,200,000 for water and 
     wastewater improvements, Lafayette, Louisiana.
       ``(92) Lake charles, louisiana.--$1,000,000 for water and 
     wastewater improvements, Lake Charles, Louisiana.
       ``(93) Ouachita parish, louisiana.--$1,000,000 water and 
     wastewater improvements, Ouachita Parish, Louisiana.
       ``(94) Union-lincoln regional water supply project, 
     louisiana.--$2,000,000 for the Union-Lincoln Regional Water 
     Supply project, Louisiana.
       ``(95) Central lake region sanitary district, minnesota.--
     $2,000,000 for sanitary sewer and wastewater infrastructure 
     for the Central Lake Region Sanitary District, Minnesota to 
     serve Le Grande and Moe Townships, Minnesota.
       ``(96) Goodview, minnesota.--$3,000,000 for water quality 
     infrastructure, Goodview, Minnesota.
       ``(97) Grand rapids, minnesota.--$5,000,000 for wastewater 
     infrastructure, Grand Rapids, Minnesota.
       ``(98) Willmar, minnesota.--$15,000,000 for wastewater 
     infrastructure, Willmar, Minnesota.
       ``(99) City of corinth, mississippi.--$7,500,000 for a 
     surface water program, Corinth, Mississippi.
       ``(100) Clean water coalition, nevada.--$20,000,000 for the 
     Systems Conveyance and Operations Program, Clark County, 
     Henderson, Las Vegas, and North Las Vegas, Nevada.
       ``(101) Town of mooresville, north carolina.--$4,000,000 
     for water and wastewater infrastructure improvements, 
     Mooresville, North Carolina.
       ``(102) City of winston-salem, north carolina.--$3,000,000 
     for storm water upgrades, Winston-Salem, North Carolina.
       ``(103) Neuse regional water and sewer authority, north 
     carolina.--$4,000,000 for the Neuse regional drinking water 
     facility, Neuse, North Carolina.
       ``(104) Town of cary/wake county, north carolina.--
     $4,000,000 for a water reclamation facility, Cary, North 
     Carolina.
       ``(105) City of fayetteville, north carolina.--$6,000,000 
     for water and sewer upgrades, Fayetteville, North Carolina.
       ``(106) Washington county, north carolina.--$1,000,000 for 
     water and wastewater infrastructure, Washington County, North 
     Carolina.
       ``(107) City of charlotte, north carolina.--$3,000,000 for 
     the Briar Creek Relief Sewer project, Charlotte, North 
     Carolina.
       ``(108) City of ada, oklahoma.--$1,700,000 for sewer 
     improvements and other water infrastructure, City Of Ada, 
     Oklahoma.
       ``(109) Norman, oklahoma.--$10,000,000 for carrying out the 
     Waste Water Master Plan and water related infrastructure, 
     Norman, Oklahoma.
       ``(110) Eastern oklahoma state university, wilberton, 
     oklahoma.--$1,000,000 for sewer and utility upgrades and 
     water related infrastructure, Eastern Oklahoma State 
     University, Wilberton, Oklahoma.
       ``(111) City of weatherford, oklahoma.--$500,000 for 
     arsenic program and water related infrastructure, City of 
     Weatherford, Oklahoma.
       ``(112) City of bethany, oklahoma.--$1,500,000 for water 
     improvements and water related infrastructure, City of 
     Bethany, Oklahoma.
       ``(113) Woodward, oklahoma.--$1,500,000 for water 
     improvements and water related infrastructure, Woodward, 
     Oklahoma.
       ``(114) City of disney and langley, oklahoma.--$2,500,000 
     for water and sewer improvements and water related 
     infrastructure, City of Disney and Langley, Oklahoma.
       ``(115) City of durant, oklahoma.--$3,300,000 for bayou 
     restoration and water related infrastructure, City of Durant, 
     Oklahoma.
       ``(116) City of midwest city, oklahoma.--$2,000,000 for 
     improvements to water related infrastructure, City of Midwest 
     City, Oklahoma.
       ``(117) City of ardmore, oklahoma.--$1,900,000 for water 
     and sewer infrastructure improvements, City of Ardmore, 
     Oklahoma.
       ``(118) City of guymon, oklahoma.--$16,000,000 for water 
     related waste water treatment related infrastructure 
     projects.
       ``(119) Lugert-altus irrigation district, altus, 
     oklahoma.--$5,000,000 for water related infrastructure 
     improvement project.
       ``(120) City of chickasha, oklahoma.--$650,000 for 
     industrial park sewer infrastructure project.
       ``(121) Oklahoma panhandle state university, guymon, 
     oklahoma.--$275,000 for water testing facility and water 
     related infrastructure development.
       ``(122) City of bartlesville, oklahoma.--$2,500,000 for 
     waterline transport infrastructure project.
       ``(123) City of konawa, oklahoma.--$500,000 for water 
     treatment infrastructure improvements.
       ``(124) City of mustang, oklahoma.--$3,325,000 for water 
     improvements and water related infrastructure.
       ``(125) City of alva, oklahoma.--$250,000 for waste water 
     improvement infrastructure.
       ``(126) Vinton county, ohio.--$1,000,000 to construct water 
     lines in Vinton and Brown Townships, Ohio.
       ``(127) Burr oak regional water district, ohio.--$4,000,000 
     for construction of a water line to extend from a well field 
     near Chauncey, Ohio, to a water treatment plant near 
     Millfield, Ohio.
       ``(128) Fremont, ohio.--$2,000,000 for construction of off-
     stream water supply reservoir, Fremont, Ohio.
       ``(129) Fostoria, ohio.--$2,000,000 for wastewater 
     infrastructure, Fostoria, Ohio.
       ``(130) Defiance county, ohio.--$1,000,000 for wastewater 
     infrastructure, Defiance County, Ohio.
       ``(131) Akron, ohio.--$5,000,000 for wastewater 
     infrastructure, Akron, Ohio
       ``(132) Meigs county, ohio.--$1,000,000 to extend the 
     Tupper Plains Regional Water District water line to Lebanon 
     Township, Ohio.
       ``(133) City of cleveland, ohio.--$2,500,000 for Flats East 
     Bank water and wastewater infrastructure, Cleveland, Ohio.
       ``(134) Cincinnati, ohio.--$1,000,000 for wastewater 
     infrastructure, Cincinnati, Ohio.
       ``(135) Dayton, ohio.--$1,000,000 for water and wastewater 
     infrastructure, Dayton, Ohio.
       ``(136) Lawrence county, ohio.--$5,000,000 for Union Rome 
     wastewater infrastructure, Lawrence County, Ohio.
       ``(137) City of columbus, ohio.--$4,500,000 for wastewater 
     infrastructure, Columbus, Ohio.
       ``(138) Beaver creek reservoir, pennsylvania.--$3,000,000 
     for projects for water supply and related activities, Beaver 
     Creek Reservoir, Clarion County, Beaver and Salem Townships, 
     Pennsylvania.
       ``(139) Myrtle beach, south carolina.--$10,000,000 for 
     environmental infrastructure, including ocean outfalls, 
     Myrtle Beach, South Carolina.
       ``(140) Charleston and west ashley, south carolina.--
     $6,000,000 for wastewater tunnel replacement, Charleston and 
     West Ashley, South Carolina.
       ``(141) Charleston, south carolina.--$3,000,000 for 
     stormwater control measures and storm sewer improvements, 
     Spring Street/Fishburne Street drainage project, Charleston, 
     South Carolina.
       ``(142) North myrtle beach, south carolina.--$3,000,000 for 
     environmental infrastructure, including ocean outfalls, North 
     Myrtle Beach, South Carolina.
       ``(143) Surfside, south carolina.--$3,000,000 for 
     environmental infrastructure, including stormwater system 
     improvements and ocean outfalls, Surfside, South Carolina.
       ``(144) Cheyenne river sioux reservation (dewey and ziebach 
     counties) and perkins and meade counties, south dakota.--
     $40,000,000 for water related infrastructure, Cheyenne River 
     Sioux Reservation (Dewey and Ziebach counties) and Perkins 
     and Meade Counties, South Dakota.
       ``(145) City of oak ridge, tennessee.--$4,000,000 for water 
     supply and wastewater infrastructure, City of Oak Ridge, 
     Tennessee.
       ``(146) Nashville, tennessee.--$5,000,000 for water supply 
     and wastewater infrastructure, Nashville, Tennessee.
       ``(147) Counties of lewis, lawrence, and wayne, 
     tennessee.--$2,000,000 for water supply and wastewater 
     infrastructure projects in the Counties of Lewis, Lawrence 
     and Wayne, Tennessee.

[[Page 12046]]

       ``(148) County of giles, tennessee.--$2,000,000 for water 
     supply and wastewater infrastructure projects in the County 
     of Giles, Tennessee.
       ``(149) City of knoxville, tennessee.--$5,000,000 for water 
     supply and wastewater infrastructure projects in the City of 
     Knoxville, Tennessee.
       ``(150) Shelby county, tennessee.--$4,000,000 for water-
     related environmental infrastructure projects in County of 
     Shelby, Tennessee.
       ``(151) Johnson county, tennessee.--$600,000 for water 
     supply and wastewater infrastructure projects in Johnson 
     County, Tennessee.
       ``(152) Plateau utility district, morgan county, 
     tennessee.--$1,000,000 for water supply and wastewater 
     infrastructure projects in Morgan County, Tennessee.
       ``(153) City of harrogate, tennessee.--$2,000,000 for water 
     supply and wastewater infrastructure projects in City of 
     Harrogate, Tennessee.
       ``(154) Hamilton county, tennessee.--$500,000 for water 
     supply and wastewater infrastructure projects in Hamilton 
     County, Tennessee.
       ``(155) Grainger county, tennessee.--$1,250,000 for water 
     supply and wastewater infrastructure projects in Grainger 
     County, Tennessee.
       ``(156) Claiborne county, tennessee.--$1,250,000 for water 
     supply and wastewater infrastructure projects in Claiborne 
     County, Tennessee.
       ``(157) Blaine, tennessee.--$500,000 for water supply and 
     wastewater infrastructure projects in Blaine, Tennessee.
       ``(158) Chesapeake bay.--$30,000,000 for environmental 
     infrastructure projects to benefit the Chesapeake Bay, 
     including the nutrient removal project at the Blue Plains 
     Wastewater Treatment facility in Washington, DC.
       ``(159) Arkansas valley conduit, colorado.--$10,000,000 for 
     the Arkansas Valley Conduit, Colorado.
       ``(160) Boulder county, colorado.--$10,000,000 for water 
     supply infrastructure, Boulder County, Colorado.
       ``(161) Plainville, connecticut.--$6,280,000 for wastewater 
     treatment, Plainville, Connecticut.
       ``(162) Southington, connecticut.--$9,420,000 for water 
     supply infrastructure, Southington, Connecticut.
       ``(163) Norwalk, connecticut.--$3,000,000 for the Keeler 
     Brook Storm Water Improvement Project, Norwalk, Connecticut.
       ``(164) Enfield, connecticut.--$1,000,000 for infiltration 
     and inflow correction, Enfield, Connecticut.
       ``(165) New haven, connecticut.--$300,000 for storm water 
     system improvements, New Haven, Connecticut.
       ``(166) Miami-dade county, florida.--$6,250,000 for water 
     reuse supply and a water transmission pipeline, Miami-Dade 
     County, Florida.
       ``(167) Hillsborough county, florida.--$6,250,000 for water 
     infrastructure and supply enhancement, Hillsborough County, 
     Florida.
       ``(168) Palm beach county, florida.--$7,500,000 for water 
     infrastructure, Palm Beach County, Florida.
       ``(169) Chesapeake bay region, maryland and virginia.--
     $40,000,000 for water pollution control projects, Chesapeake 
     Bay Region, Maryland and Virginia.
       ``(170) Michigan combined sewer overflows.--$35,000,000 for 
     correction of combined sewer overflows, Michigan.
       ``(171) Middletown township, new jersey.--$1,100,000 for 
     storm sewer improvements, Middletown Township, New Jersey.
       ``(172) Rahway valley, new jersey.--$25,000,000 for 
     sanitary sewer and storm sewer improvements in the service 
     area of the Rahway Valley Sewerage Authority, New Jersey.
       ``(173) Cranford township, new jersey.--$6,000,000 for 
     storm sewer improvements in Cranford Township, New Jersey.
       ``(174) Yates county, new york.--$5,000,000 for drinking 
     water infrastructure, Yates County, New York.
       ``(175) Village of patchogue, new york.--$5,000,000 for 
     wastewater infrastructure, Village of Patchogue, New York.
       ``(176) Elmira, new york.--$5,000,000 for wastewater 
     infrastructure, Elmira, New York.
       ``(177) Essex hamlet, new york.--$5,000,000 for wastewater 
     infrastructure, Essex Hamlet, New York.
       ``(178) Niagara falls, new york.--$5,000,000 for wastewater 
     infrastructure, Niagara Falls, New York.
       ``(179) Village of babylon, new york.--$5,000,000 for 
     wastewater infrastructure, Village of Babylon, New York.
       ``(180) Fleming, new york.--$5,000,000 for drinking water 
     infrastructure, Fleming, New York.
       ``(181) Village of kyrias-joel, new york.--$5,000,000 for 
     drinking water infrastructure, Village of Kyrias-Joel, New 
     York.
       ``(182) Devils lake, north dakota.--$15,000,000 for water 
     supply infrastructure, Devils Lake, North Dakota.
       ``(183) North dakota.--$15,000,000 for water-related 
     infrastructure, North Dakota.
       ``(184) Clark county, nevada.--$50,000,000 for wastewater 
     infrastructure, Clark County, Nevada.
       ``(185) Washoe county, nevada.--$14,000,000 for 
     construction of water infrastructure improvements to the 
     Huffaker Hills Reservoir Conservation Project, Washoe County, 
     Nevada.
       ``(186) Glendale dam diversion structure, nevada.--
     $10,000,000 for water system improvements to the Glendale Dam 
     Diversion Structure for the Truckee Meadows Water Authority, 
     Nevada.
       ``(187) Reno, nevada.--$13,000,000 for construction of a 
     water conservation project for the Highland Canal, Mogul 
     Bypass in Reno, Nevada.
       ``(188) Los angeles county, california.--$12,000,000 for 
     the planning, design and construction of water-related 
     environmental infrastructure for Santa Monica Bay and the 
     coastal zone of Los Angeles County, California.
       ``(189) Montebello, california.--$4,000,000 for water 
     infrastructure improvements in south Montebello, California.
       ``(190) La mirada, california.--$4,000,000 for the 
     planning, design, and construction of a stormwater program in 
     La Mirada, California.
       ``(191) East palo alto, california.--$4,000,000 for a new 
     pump station and stormwater management and drainage system, 
     East Palo Alto, California.
       ``(192) Port of stockton, stockton, california..--
     $3,000,000 for water and wastewater infrastructure projects 
     for Rough and Ready Island and vicinity, Stockton, 
     California.
       ``(193) Perris, california.--$3,000,000 project for 
     recycled water transmission infrastructure, Eastern Municipal 
     Water District, Perris, California.
       ``(194) Amador county, california.--$3,000,000 for 
     wastewater collection and treatment, Amador County, 
     California.
       ``(195) Calaveras county, california.--$3,000,000 for water 
     supply and wastewater improvement projects in Calaveras 
     County, California, including wastewater reclamation, 
     recycling, and conjunctive use projects.
       ``(196) Santa monica, california.--$3,000,000 for improving 
     water system reliability, Santa Monica, California.
       ``(197) Malibu, california.--$3,000,000 for municipal waste 
     water and recycled water, Malibu Creek Watershed Protection 
     Project, Malibu, California.
       ``(198) Eastern united states.--$29,450,000 for water 
     supply and wastewater infrastructure in the Eastern United 
     States.
       ``(199) Western united states.--$29,450,000 for water 
     supply and wastewater infrastructure in the Western United 
     States.''.

     SEC. 5004. ALASKA.

       Section 570(h) of the Water Resources Development Act of 
     1999 (113 Stat.369) is amended by striking ``25,000,000'' and 
     inserting ``40,000,000''.

     SEC. 5005. CALIFORNIA.

       (a) Establishment of Program.--The Secretary may establish 
     a program to provide environmental assistance to non-Federal 
     interests in California.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in California, including 
     projects for wastewater treatment and related facilities, 
     water supply and related facilities, environmental 
     restoration, and surface water resource protection and 
     development.
       (c) Ownership Requirement.--The Secretary may provide 
     assistance for a project under this section only if the 
     project is publicly owned.
       (d) Partnership Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a partnership 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each partnership agreement entered into 
     under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the cost of the 
     project under this section--
       (i) shall be 75 percent; and
       (ii) may be provided in the form of grants or 
     reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work on a 
     project completed by the non-Federal interest before entering 
     into a local cooperation agreement with the Secretary for a 
     project.
       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of the costs of a project that is 
     the subject of an agreement under this section, the non-
     Federal interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of the project 
     costs.
       (D) Credit for land, easements, and rights-of-way.--The 
     non-Federal interest

[[Page 12047]]

     shall receive credit for land, easements, rights-of-way, and 
     relocations toward the non-Federal share of project costs 
     (including all reasonable costs associated with obtaining 
     permits necessary for the construction, operation, and 
     maintenance of the project on publicly-owned or -controlled 
     land), but the credit may not exceed 25 percent of total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section 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.
       (f) Nonprofit Entity.--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.
       (g) Expenses of Corps of Engineers.--Not more than 10 
     percent of amounts made available to carry out this section 
     may be used by the Corps of Engineers district offices to 
     administer projects under this section at Federal expense.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.

     SEC. 5006. CONVEYANCE OF OAKLAND INNER HARBOR TIDAL CANAL 
                   PROPERTY.

       Section 205 of the Water Resources Development Act of 1990 
     (104 Stat. 4633; 110 Stat. 3748) is amended to read as 
     follows:

     ``SEC. 205. CONVEYANCE OF OAKLAND INNER HARBOR TIDAL CANAL 
                   PROPERTY.

       ``(a) In General.--The Secretary may convey, without 
     consideration, by separate quitclaim deeds, as soon as the 
     conveyance of each individual portion is practicable, the 
     title of the United States in and to all or portions of the 
     approximately 86 acres of upland, tideland, and submerged 
     land, commonly referred to as the `Oakland Inner Harbor Tidal 
     Canal,', California (referred to in this section as the 
     `Canal Property'), as follows:
       ``(1) To the City of Oakland, the title of the United 
     States in and to all or portions of that part of the Canal 
     Property that are located within the boundaries of the City 
     of Oakland.
       ``(2) To the City of Alameda, or to an entity created by or 
     designated by the City of Alameda that is eligible to hold 
     title to real property, the title of the United States in and 
     to all or portions of that part of the Canal Property that 
     are located within the boundaries of the City of Alameda.
       ``(3) To the adjacent land owners, or to an entity created 
     by or designated by 1 or more of the adjacent landowners that 
     is eligible to hold title to real property, the title of the 
     United States in and to all or portions of that part of the 
     Canal Property that are located within the boundaries of the 
     city in which the adjacent land owners reside.
       ``(b) Requirements.--
       ``(1) Reservations.--The Secretary may reserve and retain 
     from any conveyance under this section a right-of-way or 
     other rights as the Secretary determines to be necessary for 
     the operation and maintenance of the authorized Federal 
     channel in the Canal Property.
       ``(2) Cost.--The conveyances under this section, and the 
     processes involved in the conveyances, shall be at no cost to 
     the United States, except for administrative costs.
       ``(c) Annual Reports.--Until the date on which each 
     conveyance described in subsection (a) is complete, the 
     Secretary shall submit, by not later than 60 days after the 
     end of each fiscal year, to the Committee on Environment and 
     Public Works of the Senate and Committee on Transportation 
     and Infrastructure of the House of Representatives an annual 
     report that describes the efforts of the Secretary to 
     complete the conveyances during the preceding fiscal year.''.

     SEC. 5007. STOCKTON, CALIFORNIA.

       (a) In General.--Unless the Secretary determines, by not 
     later than 30 days after the date of enactment of this Act, 
     that the relocation of the project described in subsection 
     (b) would be injurious to the public interest, a non-Federal 
     interest may reconstruct and relocate that project 
     approximately 300 feet in a westerly direction.
       (b) Project Description.--
       (1) In general.--The project referred to in subsection (a) 
     is the project for flood control, Calaveras River and 
     Littlejohn Creek and tributaries, California, authorized by 
     section 10 of the Act of December 22, 1944 (commonly known as 
     the ``Flood Control Act of 1944'') (58 Stat. 902).
       (2) Specific description.--The portion of the project to be 
     reconstructed and relocated is that portion consisting of 
     approximately 5.34 acres of dry land levee beginning at a 
     point N. 2203542.3167, E. 6310930.1385, thence running west 
     about 59.99 feet to a point N. 2203544.6562, E. 6310870.1468, 
     thence running south about 3,874.99 feet to a point N. 
     2199669.8760, E. 6310861.7956, thence running east about 
     60.00 feet to a point N. 2199668.8026, E. 6310921.7900, 
     thence running north about 3,873.73 feet to the point of 
     origin.
       (c) Cost Sharing.--The non-Federal share of the cost of 
     reconstructing and relocating the project described in 
     subsection (b) shall be 100 percent.

     SEC. 5008. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
                   COLORADO, NEW MEXICO, AND TEXAS.

       (a) Short Title.--This section may be cited as the ``Rio 
     Grande Environmental Management Act of 2007''.
       (b) Definitions.--In this section:
       (1) Rio grande compact.--The term ``Rio Grande Compact'' 
     means the compact approved by Congress under the Act of May 
     31, 1939 (53 Stat. 785, chapter 155), and ratified by the 
     States.
       (2) Rio grande basin.--The term ``Rio Grande Basin'' means 
     the Rio Grande (including all tributaries and their 
     headwaters) located--
       (A) in the State of Colorado, from the Rio Grande 
     Reservoir, near Creede, Colorado, to the New Mexico State 
     border;
       (B) in the State of New Mexico, from the Colorado State 
     border downstream to the Texas State border; and
       (C) in the State of Texas, from the New Mexico State border 
     to the southern terminus of the Rio Grande at the Gulf of 
     Mexico.
       (3) States.--The term ``States'' means the States of 
     Colorado, New Mexico, and Texas.
       (c) Program Authority.--The Secretary shall carry out, in 
     the Rio Grande Basin--
       (1) a program for the planning, construction, and 
     evaluation of measures for fish and wildlife habitat 
     rehabilitation and enhancement; and
       (2) implementation of a long-term monitoring, computerized 
     data inventory and analysis, applied research, and adaptive 
     management program.
       (d) State and Local Consultation and Cooperative Effort.--
     For the purpose of ensuring the coordinated planning and 
     implementation of the programs described in subsection (c), 
     the Secretary shall consult with the States and other 
     appropriate entities in the States the rights and interests 
     of which might be affected by specific program activities.
       (e) Cost Sharing.--
       (1) In general.--
       (A) Projects on federal land.--Each project under this 
     section located on Federal land shall be carried out at full 
     Federal expense.
       (B) Other projects.--For each project under subsection 
     (c)(1) located on non-Federal land, the non-Federal share of 
     the cost of the project--
       (i) shall be 35 percent;
       (ii) may be provided through in-kind services or direct 
     cash contributions; and
       (iii) shall include the provision of necessary land, 
     easements, relocations, and disposal sites.
       (f) Nonprofit Entities.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the affected local government, a nonprofit entity 
     may be included as a non-Federal interest for any project 
     carried out under subsection (c)(1).
       (g) Effect on Other Law.--
       (1) Water law.--Nothing in this section preempts any State 
     water law.
       (2) Compacts and decrees.--In carrying out this section, 
     the Secretary shall comply with the Rio Grande Compact, and 
     any applicable court decrees or Federal and State laws, 
     affecting water or water rights in the Rio Grande Basin.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $15,000,000 for each of fiscal years 2008 through 2011.

     SEC. 5009. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND 
                   MARYLAND.

       (a) Assistance.--The Secretary may provide technical 
     assistance to the Secretary of Agriculture for use in 
     carrying out the Conservation Corridor Demonstration Program 
     established under subtitle G of title II of the Farm Security 
     and Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 
     Stat. 275).
       (b) Coordination and Integration.--In carrying out water 
     resources projects in the States on the Delmarva Peninsula, 
     the Secretary shall coordinate and integrate those projects, 
     to the maximum extent practicable, with any activities 
     carried out to implement a conservation corridor plan 
     approved by the Secretary of Agriculture under section 2602 
     of the Farm Security and Rural Investment Act of 2002 (16 
     U.S.C. 3801 note; 116 Stat. 275).

     SEC. 5010. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, 
                   DELAWARE, MARYLAND, PENNSYLVANIA, AND VIRGINIA.

       (a) Ex Officio Member.--Notwithstanding section 3001(a) of 
     the 1997 Emergency Supplemental Appropriations Act for 
     Recovery From Natural Disasters, and for Overseas 
     Peacekeeping Efforts, Including Those in Bosnia (111 Stat. 
     176) and sections 2.2 of the Susquehanna River Basin Compact 
     (Public Law 91-575) and the Delaware River Basin Compact 
     (Public Law 87-328), beginning in fiscal year 2002, and each 
     fiscal year thereafter, the Division Engineer, North Atlantic 
     Division, Corps of Engineers--
       (1) shall be the ex officio United States member under the 
     Susquehanna River Basin Compact, the Delaware River Basin 
     Compact, and the Potomac River Basin Compact;

[[Page 12048]]

       (2) shall serve without additional compensation; and
       (3) may designate an alternate member in accordance with 
     the terms of those compacts.
       (b) Authorization to Allocate.--The Secretary shall 
     allocate funds to the Susquehanna River Basin Commission, 
     Delaware River Basin Commission, and the Interstate 
     Commission on the Potomac River Basin (Potomac River Basin 
     Compact (Public Law 91-407)) to fulfill the equitable funding 
     requirements of the respective interstate compacts.
       (c) Water Supply and Conservation Storage, Delaware River 
     Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Delaware River Basin Commission to provide 
     temporary water supply and conservation storage at the 
     Francis E. Walter Dam, Pennsylvania, for any period during 
     which the Commission has determined that a drought warning or 
     drought emergency exists.
       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.
       (d) Water Supply and Conservation Storage, Susquehanna 
     River Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Susquehanna River Basin Commission to 
     provide temporary water supply and conservation storage at 
     Federal facilities operated by the Corps of Engineers in the 
     Susquehanna River Basin, during any period in which the 
     Commission has determined that a drought warning or drought 
     emergency exists.
       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.
       (e) Water Supply and Conservation Storage, Potomac River 
     Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Potomac River Basin Commission to provide 
     temporary water supply and conservation storage at Federal 
     facilities operated by the Corps of Engineers in the Potomac 
     River Basin for any period during which the Commission has 
     determined that a drought warning or drought emergency 
     exists.
       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.

     SEC. 5011. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 
                   MARYLAND.

       (a) Comprehensive Action Plan.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary, in 
     coordination with the Mayor of the District of Columbia, the 
     Governor of Maryland, the county executives of Montgomery 
     County and Prince George's County, Maryland, and other 
     stakeholders, shall develop and make available to the public 
     a 10-year comprehensive action plan to provide for the 
     restoration and protection of the ecological integrity of the 
     Anacostia River and its tributaries.
       (b) Public Availability.--On completion of the 
     comprehensive action plan under subsection (a), the Secretary 
     shall make the plan available to the public.

     SEC. 5012. BIG CREEK, GEORGIA, WATERSHED MANAGEMENT AND 
                   RESTORATION PROGRAM.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, is authorized to cooperate with, by providing 
     technical, planning, and construction assistance to, the city 
     of Roswell, Georgia, as local sponsor and coordinator with 
     other local governments in the Big Creek watershed, Georgia, 
     to assess the quality and quantity of water resources, 
     conduct comprehensive watershed management planning, develop 
     and implement water efficiency technologies and programs, and 
     plan, design, and construct water resource facilities to 
     restore the watershed.
       (b) Federal Share.--The Federal share of the cost of the 
     project under this section--
       (1) shall be 65 percent; and
       (2) may be provided in any combination of cash and in-kind 
     services.
       (c) Authorization of Appropriations.--here is authorized to 
     be appropriated to the Secretary $5,000,000 to carry out this 
     section.

     SEC. 5013. METROPOLITAN NORTH GEORGIA WATER PLANNING 
                   DISTRICT.

       (a) Establishment of Program.--The Secretary shall 
     establish a program to provide environmental assistance to 
     non-Federal interests in the Metropolitan North Georgia Water 
     Planning District.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in north Georgia, 
     including projects for wastewater treatment and related 
     facilities, elimination or control of combined sewer 
     overflows, water supply and related facilities, environmental 
     restoration, and surface water resource protection and 
     development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     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 local cooperation 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 project costs under 
     each local cooperation agreement entered into under this 
     subsection--
       (i) shall be 75 percent; and
       (ii) may be in the form of grants or reimbursements of 
     project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit, not to exceed 6 percent of the total 
     construction costs of the project, for the reasonable costs 
     of design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for a project.
       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of the costs of a project that is 
     the subject of an agreement under this section, the non-
     Federal interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of the project 
     costs.
       (D) Credit for land, easements, and rights-of-way.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations toward the non-
     Federal share of project costs (including all reasonable 
     costs associated with obtaining permits necessary for the 
     construction, operation, and maintenance of the project on 
     publicly-owned or -controlled land), but 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.
       (e) 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.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 5014. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL 
                   UTAH, AND WYOMING.

       Section 595 of the Water Resources Development Act of 1999 
     (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 1836; 
     118 Stat. 440) is amended--
       (1) in the section heading, by striking ``AND RURAL UTAH'' 
     and inserting ``RURAL UTAH, AND WYOMING'';
       (2) in subsections (b) and (c), by striking ``and rural 
     Utah'' each place it appears and inserting ``rural Utah, and 
     Wyoming''; and
       (3) by amending subsection (h) to read as follows:
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for the period 
     beginning with fiscal year 2001 $150,000,000 for rural 
     Nevada, and $25,000,000 for each of Montana and New Mexico, 
     $55,000,000 for Idaho, $50,000,000 for rural Utah, and 
     $30,000,000 for Wyoming, to remain available until 
     expended.''.

     SEC. 5015. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS 
                   PROJECT, ILLINOIS.

       (a) Treatment as Single Project.--The Chicago Sanitary and 
     Ship Canal Dispersal Barrier Project (Barrier I) (as in 
     existence on the date of enactment of this Act), constructed 
     as a demonstration project under section 1202(i)(3) of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4722(i)(3)), and Barrier II, as authorized by 
     section 345 of the District of Columbia Appropriations Act, 
     2005 (Public Law 108-335; 118 Stat. 1352), shall be 
     considered to constitute a single project.
       (b) Authorization.--
       (1) In general.--The Secretary, acting through the Chief of 
     Engineers, is authorized and directed, at full Federal 
     expense--
       (A) to upgrade and make permanent Barrier I;
       (B) to construct Barrier II, notwithstanding the project 
     cooperation agreement with the State of Illinois dated June 
     14, 2005;
       (C) to operate and maintain Barrier I and Barrier II as a 
     system to optimize effectiveness;
       (D) to conduct, in consultation with appropriate Federal, 
     State, local, and nongovernmental entities, a study of a full 
     range of options and technologies for reducing impacts of 
     hazards that may reduce the efficacy of the Barriers; and
       (E) to provide to each State a credit in an amount equal to 
     the amount of funds contributed by the State toward Barrier 
     II.

[[Page 12049]]

       (2) Use of credit.--A State may apply a credit received 
     under paragraph (1)(E) to any cost sharing responsibility for 
     an existing or future Federal project with the Corps of 
     Engineers in the State.
       (c) Feasibility Study.--The Secretary, in consultation with 
     appropriate Federal, State, local, and nongovernmental 
     entities, shall conduct a feasibility study, at full Federal 
     expense, of the range of options and technologies available 
     to prevent the spread of aquatic nuisance species between the 
     Great Lakes and Mississippi River Basins and through the 
     Chicago Sanitary and Ship Canal and other aquatic pathways.
       (d) Conforming Amendments.--
       (1) Nonindigenous aquatic nuisance prevention and 
     control.--Section 1202(i)(3)(C) of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4722(i)(3)(C)), is amended by striking ``, to carry out this 
     paragraph, $750,000'' and inserting ``such sums as are 
     necessary to carry out the dispersal barrier demonstration 
     project under this paragraph''.
       (2) Barrier ii authorization.--Section 345 of the District 
     of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 
     Stat. 1352), is amended to read as follows:

     ``SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL 
                   BARRIER, ILLINOIS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out the Barrier II project of the project 
     for the Chicago Sanitary and Ship Canal Dispersal Barrier, 
     Illinois, initiated pursuant to section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2294 note; 100 
     Stat. 4251).''.

     SEC. 5016. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, 
                   RECOVERY AND RESTORATION, IOWA, KANSAS, 
                   MISSOURI, MONTANA, NEBRASKA, NORTH DAKOTA, 
                   SOUTH DAKOTA, AND WYOMING.

       (a) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Missouri River Recovery and Implementation Committee 
     established by subsection (b)(1), shall conduct a study of 
     the Missouri River and its tributaries to determine actions 
     required--
       (A) to mitigate losses of aquatic and terrestrial habitat;
       (B) to recover federally listed species under the 
     Endangered Species Act (16 U.S.C. 1531 et seq.); and
       (C) to restore the ecosystem to prevent further declines 
     among other native species.
       (2) Funding.--The study under paragraph (1) shall be funded 
     under the Missouri River Fish and Wildlife Mitigation 
     Program.
       (b) Missouri River Recovery Implementation Committee.--
       (1) Establishment.--Not later than June 31, 2006, the 
     Secretary shall establish a committee to be known as the 
     ``Missouri River Recovery Implementation Committee'' 
     (referred to in this section as the ``Committee'').
       (2) Membership.--The Committee shall include 
     representatives from--
       (A) Federal agencies;
       (B) States located near the Missouri River Basin; and
       (C) other appropriate entities, as determined by the 
     Secretary, including--
       (i) water management and fish and wildlife agencies;
       (ii) Indian tribes located near the Missouri River Basin; 
     and
       (iii) nongovernmental stakeholders.
       (3) Duties.--The Commission shall--
       (A) with respect to the study under subsection (a), provide 
     guidance to the Secretary and any other affected Federal 
     agency, State agency, or Indian tribe;
       (B) provide guidance to the Secretary with respect to the 
     Missouri River recovery and mitigation program in existence 
     on the date of enactment of this Act, including 
     recommendations relating to--
       (i) changes to the implementation strategy from the use of 
     adaptive management; and
       (ii) the coordination of the development of consistent 
     policies, strategies, plans, programs, projects, activities, 
     and priorities for the program;
       (C) exchange information regarding programs, projects, and 
     activities of the agencies and entities represented on the 
     Committee to promote the goals of the Missouri River recovery 
     and mitigation program;
       (D) establish such working groups as the Committee 
     determines to be necessary to assist in carrying out the 
     duties of the Committee, including duties relating to public 
     policy and scientific issues;
       (E) facilitate the resolution of interagency and 
     intergovernmental conflicts between entities represented on 
     the Committee associated with the Missouri River recovery and 
     mitigation program;
       (F) coordinate scientific and other research associated 
     with the Missouri River recovery and mitigation program; and
       (G) annually prepare a work plan and associated budget 
     requests.
       (4) Compensation; travel expenses.--
       (A) Compensation.--Members of the Committee shall not 
     receive compensation from the Secretary in carrying out the 
     duties of the Committee under this section.
       (B) Travel expenses.--Travel expenses incurred by a member 
     of the Committee in carrying out the duties of the Committee 
     under this section shall be paid by the agency, Indian tribe, 
     or unit of government represented by the member.
       (c) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Committee.

     SEC. 5017. SOUTHEAST LOUISIANA REGION, LOUISIANA.

       (a) Definition of Southeast Louisiana Region.--In this 
     section, the term ``Southeast Louisiana Region'' means any of 
     the following parishes and municipalities in the State of 
     Louisiana:
       (1) Orleans.
       (2) Jefferson.
       (3) St. Tammany.
       (4) Tangipahoa.
       (5) St. Bernard.
       (6) St. Charles.
       (7) St. John.
       (8) Plaquemines.
       (b) Establishment of Program.--The Secretary may establish 
     a program to provide environmental assistance to non-Federal 
     interests in the Southeast Louisiana Region.
       (c) Form of Assistance.--Assistance provided under this 
     section may be in the form of design and construction 
     assistance for water-related environmental infrastructure and 
     resource protection and development projects in the Southeast 
     Louisiana Region, including projects for wastewater treatment 
     and related facilities, water supply and related facilities, 
     environmental restoration, and surface water resource 
     protection and development (including projects to improve 
     water quality in the Lake Pontchartrain Basin).
       (d) Ownership Requirement.--The Secretary may provide 
     assistance for a project under this section only if the 
     project is publicly owned.
       (e) Partnership Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a partnership 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each partnership agreement 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.--The Federal share of the cost of the 
     project under this section--
       (A) shall be 75 percent; and
       (B) may be provided in the form of grants or reimbursements 
     of project costs.
       (C) Credit for design work.--The non-Federal interest shall 
     receive credit, not to exceed 6 percent of the total 
     construction costs of the project, for the reasonable costs 
     of design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for a project.
       (D) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of the costs of a project that is 
     the subject of an agreement under this section, the non-
     Federal interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of the project 
     costs.
       (E) Credit for land, easements, and rights-of-way.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations toward the non-
     Federal share of project costs (including all reasonable 
     costs associated with obtaining permits necessary for the 
     construction, operation, and maintenance of the project on 
     publicly-owned or -controlled land), but not to exceed 25 
     percent of total project costs.
       (F) 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 Entity.--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.
       (h) Expenses of Corps of Engineers.--Not more than 10 
     percent of amounts made available to carry out this section 
     may be used by the Corps of Engineers district offices to 
     administer projects under this section at Federal expense.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $17,000,000, to 
     remain available until expended.

     SEC. 5018. MISSISSIPPI.

       Section 592(g) of the Water Resources Development Act of 
     1999 (113 Stat. 380; 117 Stat. 1837) is amended by striking 
     ``$100,000,000'' and inserting ``$110,000,000''.

[[Page 12050]]



     SEC. 5019. ST. MARY PROJECT, BLACKFEET RESERVATION, MONTANA.

       (a) In General.--The Secretary, in consultation with the 
     Bureau of Reclamation, shall conduct all necessary studies, 
     develop an emergency response plan, provide technical and 
     planning and design assistance, and rehabilitate and 
     construct the St. Mary Diversion and Conveyance Works project 
     located within the exterior boundaries of the Blackfeet 
     Reservation in the State of Montana, at a total cost of 
     $140,000,000.
       (b) Federal Share.--The Federal share of the total cost of 
     the project under this section shall be 75 percent.
       (c) Participation by Blackfeet Tribe and Fort Belknap 
     Indian Community.--
       (1) In general.--Except as provided in paragraph (2), no 
     construction shall be carried out under this section until 
     the earlier of--
       (A) the date on which Congress approves the reserved water 
     rights settlements of the Blackfeet Tribe and the Fort 
     Belknap Indian Community; and
       (B) January 1, 2011.
       (2) Exception.--Paragraph (1) shall not apply with respect 
     to construction relating to--
       (A) standard operation and maintenance; or
       (B) emergency repairs to ensure water transportation or the 
     protection of life and property.
       (3) Requirement.--The Blackfeet Tribe shall be a 
     participant in all phases of the project authorized by this 
     section.

     SEC. 5020. LOWER PLATTE RIVER WATERSHED RESTORATION, 
                   NEBRASKA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, may cooperate with and provide assistance to the 
     Lower Platte River natural resources districts in the State 
     of Nebraska to serve as local sponsors with respect to--
       (1) conducting comprehensive watershed planning in the 
     natural resource districts;
       (2) assessing water resources in the natural resource 
     districts; and
       (3) providing project feasibility planning, design, and 
     construction assistance for water resource and watershed 
     management in the natural resource districts, including 
     projects for environmental restoration and flood damage 
     reduction.
       (b) Funding.--
       (1) Federal share.--The Federal share of the cost of 
     carrying out an activity described in subsection (a) shall be 
     65 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of carrying out an activity described in subsection (a)--
       (A) shall be 35 percent; and
       (B) may be provided in cash or in-kind.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $12,000,000.

     SEC. 5021. NORTH CAROLINA.

       (a) Establishment of Program.--The Secretary shall 
     establish a program to provide environmental assistance to 
     non-Federal interests in the State of North Carolina.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     environmental infrastructure and resource protection and 
     development projects in North Carolina, including projects 
     for--
       (1) wastewater treatment and related facilities;
       (2) combined sewer overflow, water supply, storage, 
     treatment, and related facilities;
       (3) drinking water infrastructure including treatment and 
     related facilities;
       (4) environmental restoration;
       (5) storm water infrastructure; and
       (6) surface water resource protection and development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Project Cooperation Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a project cooperation 
     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 project cooperation 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 
     development plan or resource protection plan, including 
     appropriate plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the cost of the 
     project under this section--
       (i) shall be 75 percent; and
       (ii) may be provided in the form of grants or 
     reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit, not to exceed 6 percent of the total 
     construction costs of the project, for the reasonable costs 
     of design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for a project.
       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of the costs of a project that is 
     the subject of an agreement under this section, the non-
     Federal interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of the project 
     costs.
       (D) Credit for land, easements, and rights-of-way.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations toward the non-
     Federal share of project costs (including all reasonable 
     costs associated with obtaining permits necessary for the 
     construction, operation, and maintenance of the project on 
     publicly-owned or -controlled land).
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section 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.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $13,000,000.

     SEC. 5022. OHIO RIVER BASIN ENVIRONMENTAL MANAGEMENT.

       (a) Definitions.--In this section:
       (1) Ohio river basin.--The term ``Ohio River Basin'' means 
     the Ohio River, its backwaters, its side channels, and all 
     tributaries (including their watersheds) that drain into the 
     Ohio River and encompassing areas of any of the States of 
     Indiana, Ohio, Kentucky, Pennsylvania, West Virginia, 
     Illinois, New York, and Virginia.
       (2) Compact.--The term ``Compact'' means the Ohio River 
     Watershed Sanitation Commission flood and pollution control 
     compact between the States of Indiana, West Virginia, Ohio, 
     Kentucky, Pennsylvania, New York, Illinois, and Virginia, 
     approved by Congress in 1936 pursuant to the first section of 
     the Act of June 8, 1936 (33 U.S.C. 567a), and chartered in 
     1948.
       (b) Assistance.--The Secretary may provide planning, 
     design, and construction assistance to the Compact for the 
     improvement of the quality of the environment in and along 
     the Ohio River Basin.
       (c) Priorities.--In providing assistance under this 
     section, the Secretary shall give priority to reducing or 
     eliminating the presence of organic pollutants in the Ohio 
     River Basin through the renovation and technological 
     improvement of the organic detection system monitoring 
     stations along the Ohio River in the States of Indiana, Ohio, 
     West Virginia, Kentucky, and Pennsylvania.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,500,000.

     SEC. 5023. STATEWIDE COMPREHENSIVE WATER PLANNING, OKLAHOMA.

       (a) In General.--The Secretary shall provide technical 
     assistance for the development of updates of the Oklahoma 
     Comprehensive Water Plan.
       (b) Technical Assistance.--Technical assistance provided 
     under subsection (a) may include--
       (1) acquisition of hydrologic data, groundwater 
     characterization, database development, and data 
     distribution;
       (2) expansion of surface water and groundwater monitoring 
     networks;
       (3) assessment of existing water resources, surface water 
     storage, and groundwater storage potential;
       (4) numerical analysis and modeling necessary to provide an 
     integrated understanding of water resources and water 
     management options;
       (5) participation in State planning forums and planning 
     groups;
       (6) coordination of Federal water management planning 
     efforts; and
       (7) technical review of data, models, planning scenarios, 
     and water plans developed by the State.
       (c) Allocation.--The Secretary shall allocate, subject to 
     the availability of appropriations, $6,500,000 to provide 
     technical assistance and for the development of updates of 
     the Oklahoma Comprehensive water plan.
       (d) Cost Sharing Requirement.--The non-Federal share of the 
     total cost of any activity carried out under this section--
       (1) shall be 25 percent; and
       (2) may be in the form of cash or any in-kind services that 
     the Secretary determines would contribute substantially 
     toward the conduct and completion of the activity assisted.

     SEC. 5024. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 
                   TRIBE, AND TERRESTRIAL WILDLIFE HABITAT 
                   RESTORATION, SOUTH DAKOTA.

       (a) Disbursement Provisions of State of South Dakota and 
     Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
     Terrestrial Wildlife Habitat Restoration Trust Funds.--
     Section 602(a)(4) of the Water Resources Development Act of 
     1999 (113 Stat. 386) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``and the Secretary of the 
     Treasury'' after ``Secretary''; and
       (B) by striking clause (ii) and inserting the following:

[[Page 12051]]

       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the State of South Dakota funds from 
     the State of South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund established under section 603, to be 
     used to carry out the plan for terrestrial wildlife habitat 
     restoration submitted by the State of South Dakota after the 
     State certifies to the Secretary of the Treasury that the 
     funds to be disbursed will be used in accordance with section 
     603(d)(3) and only after the Trust Fund is fully 
     capitalized.''; and
       (2) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe funds from the Cheyenne River 
     Sioux Terrestrial Wildlife Habitat Restoration Trust Fund and 
     the Lower Brule Sioux Terrestrial Wildlife Habitat 
     Restoration Trust Fund, respectively, established under 
     section 604, to be used to carry out the plans for 
     terrestrial wildlife habitat restoration submitted by the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, 
     respectively, after the respective tribe certifies to the 
     Secretary of the Treasury that the funds to be disbursed will 
     be used in accordance with section 604(d)(3) and only after 
     the Trust Fund is fully capitalized.''.
       (b) Investment Provisions of State of South Dakota 
     Terrestrial Wildlife Restoration Trust Fund.--Section 603 of 
     the Water Resources Development Act of 1999 (113 Stat. 388) 
     is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Fund.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest the Fund in accordance with all of the requirements of 
     this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in the Fund 
     under subsection (b) shall be credited to an account within 
     the Fund (referred to in this paragraph as the `principal 
     account') and invested as provided in subparagraph (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of the Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of the Fund shall be credited 
     to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of the Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuance of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the maximum extent practicable, with the date on 
     which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the State of South Dakota the 
     results of the investment activities and financial status of 
     the Fund during the preceding 12-month period.
       ``(4) Audits.--
       ``(A) In general.--The activities of the State of South 
     Dakota (referred to in this subsection as the `State') in 
     carrying out the plan of the State for terrestrial wildlife 
     habitat restoration under section 602(a) shall be audited as 
     part of the annual audit that the State is required to 
     prepare under the Office of Management and Budget Circular A-
     133 (or a successor circulation).
       ``(B) Determination by auditors.--An auditor that conducts 
     an audit under subparagraph (A) shall--
       ``(i) determine whether funds received by the State under 
     this section during the period covered by the audit were used 
     to carry out the plan of the State in accordance with this 
     section; and
       ``(ii) include the determination under clause (i) in the 
     written findings of the audit.
       ``(5) Modification of investment requirements.--
       ``(A) In general.--If the Secretary of the Treasury 
     determines that meeting the requirements under paragraph (2) 
     with respect to the investment of a Fund is not practicable, 
     or would result in adverse consequences for the Fund, the 
     Secretary shall modify the requirements, as the Secretary 
     determines to be necessary.
       ``(B) Consultation.--Before modifying a requirement under 
     subparagraph (A), the Secretary of the Treasury shall consult 
     with the State regarding the proposed modification.'';
       (2) in subsection (d)(2), by inserting ``of the Treasury'' 
     after Secretary''; and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Administrative Expenses.--There are authorized to be 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, to the Secretary of the Treasury, to pay 
     expenses associated with investing the Fund and auditing the 
     uses of amounts withdrawn from the Fund--
       ``(1) up to $500,000 for each of fiscal years 2006 and 
     2007; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.''.
       (c) Investment Provisions for Cheyenne River Sioux Tribe 
     and Lower Brule Sioux Tribe Trust Funds.--Section 604 of the 
     Water Resources Development Act of 1999 (113 Stat. 389) is 
     amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Funds.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest each of the Funds in accordance with all of the 
     requirements of this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(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

[[Page 12052]]

     matures, the principal of the maturing eligible obligation 
     shall also be invested initially in the shortest-maturity 
     eligible obligation then available until the principal is 
     reinvested substantially equally in the eligible obligations 
     that are identical (except for transferability) to the next-
     issued publicly issued Treasury obligations having 2-year, 5-
     year, and 10-year maturities.
       ``(iii) Discontinuation of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of the interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the maximum extent practicable, with the date on 
     which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe (referred to in this subsection 
     as the `Tribes') the results of the investment activities and 
     financial status of the Funds during the preceding 12-month 
     period.
       ``(4) Audits.--
       ``(A) In general.--The activities of the Tribes in carrying 
     out the plans of the Tribes for terrestrial wildlife habitat 
     restoration under section 602(a) shall be audited as part of 
     the annual audit that the Tribes are required to prepare 
     under the Office of Management and Budget Circular A-133 (or 
     a successor circulation).
       ``(B) Determination by auditors.--An auditor that conducts 
     an audit under subparagraph (A) shall--
       ``(i) determine whether funds received by the Tribes under 
     this section during the period covered by the audit were used 
     to carry out the plan of the appropriate Tribe in accordance 
     with this section; and
       ``(ii) include the determination under clause (i) in the 
     written findings of the audit.
       ``(5) Modification of investment requirements.--
       ``(A) In general.--If the Secretary of the Treasury 
     determines that meeting the requirements under paragraph (2) 
     with respect to the investment of a Fund is not practicable, 
     or would result in adverse consequences for the Fund, the 
     Secretary shall modify the requirements, as the Secretary 
     determines to be necessary.
       ``(B) Consultation.--Before modifying a requirement under 
     subparagraph (A), the Secretary of the Treasury shall consult 
     with the Tribes regarding the proposed modification.''; and
       (2) by striking subsection (f) and inserting the following:
       ``(f) Administrative Expenses.--There are authorized to be 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, to the Secretary of the Treasury to pay 
     expenses associated with investing the Funds and auditing the 
     uses of amounts withdrawn from the Funds--
       ``(1) up to $500,000 for each of fiscal years 2006 and 
     2007; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.''.

     SEC. 5025. TEXAS.

       (a) Establishment of Program.--The Secretary shall 
     establish a program to provide environmental assistance to 
     non-Federal interests in the State of Texas.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of planning, design, and construction 
     assistance for water-related environmental infrastructure and 
     resource protection and development projects in Texas, 
     including projects for water supply, storage, treatment, and 
     related facilities, water quality protection, wastewater 
     treatment, and related facilities, environmental restoration, 
     and surface water resource protection, and development, as 
     identified by the Texas Water Development Board.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Partnership Agreements.--Before providing assistance 
     under this section, the Secretary shall enter into a 
     partnership agreement with a non-Federal interest.
       (e) Cost Sharing.--
       (1) In general.--The Federal share of the cost of the 
     project under this section--
       (A) shall be 75 percent; and
       (B) may be provided in the form of grants or reimbursements 
     of project costs.
       (2) In-kind services.--The non-Federal share may be 
     provided in the form of materials and in-kind services, 
     including planning, design, construction, and management 
     services, as the Secretary determines to be compatible with, 
     and necessary for, the project.
       (3) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest before entering into a 
     local cooperation agreement with the Secretary for a project.
       (4) Credit for land, easements, and rights-of-way.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations toward the non-
     Federal share of project costs.
       (5) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (f) Applicability of Other Federal and State Laws.--Nothing 
     in this section 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) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $40,000,000.

     SEC. 5026. CONNECTICUT RIVER DAMS, VERMONT.

       (a) In General.--The Secretary shall evaluate, design, and 
     construct structural modifications at full Federal cost to 
     the Union Village Dam (Ompompanoosuc River), North Hartland 
     Dam (Ottauquechee River), North Springfield Dam (Black 
     River), Ball Mountain Dam (West River), and Townshend Dam 
     (West River), Vermont, to regulate flow and temperature to 
     mitigate downstream impacts on aquatic habitat and fisheries.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

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

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

     SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

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

     SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

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

     SEC. 6004. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE 
                   BAY, PART II, INSTALLATION OF FENDER PROTECTION 
                   FOR BRIDGES, DELAWARE AND MARYLAND.

       The project for the construction of bridge fenders for the 
     Summit and St. Georges Bridge for the Inland Waterway of the 
     Delaware River to the C & D Canal of the Chesapeake Bay, 
     authorized by the River and Harbor Act of 1954 (68 Stat. 
     1249), is not authorized.

     SEC. 6005. SHINGLE CREEK BASIN, FLORIDA.

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

     SEC. 6006. ILLINOIS WATERWAY, SOUTH FORK OF THE SOUTH BRANCH 
                   OF THE CHICAGO RIVER, ILLINOIS.

       (a) In General.--The portion of the Illinois Waterway 
     project authorized by the Act of January 21, 1927 (commonly 
     known as the ``River and Harbor Act of 1927'') (44 Stat. 
     1013), in the South Fork of the South Branch of the Chicago 
     River, as identified in subsection (b) is not authorized.
       (b) Description of Project Portion.--The portion of the 
     project referred to in subsection (a) is the portion of the 
     SW \1/4\ of sec.

[[Page 12053]]

     29, T. 39 N., R. 14 E., Third Principal Meridian, Cook 
     County, Illinois, and more particularly described as follows:
       (1) Commencing at the SW corner of the SW \1/4\.
       (2) Thence north 1 degree, 32 minutes, 31 seconds west, 
     bearing based on the Illinois State Plane Coordinate System, 
     NAD 83 east zone, along the west line of that quarter, 
     1810.16 feet to the southerly line of the Illinois and 
     Michigan Canal.
       (3) Thence north 50 degrees, 41 minutes, 55 seconds east 
     along that southerly line 62.91 feet to the easterly line of 
     South Ashland Avenue, as widened by the ordinance dated 
     November 24, 1920, which is also the east line of an easement 
     to the State of Illinois for highway purposes numbered 
     12340342 and recorded July 13, 1939, for a point of 
     beginnings.
       (4) Thence continuing north 50 degrees, 41 minutes, 55 
     seconds east along that southerly line 70.13 feet to the 
     southerly line of the South Branch Turning Basin per for the 
     plat numbered 3645392 and recorded January 19, 1905.
       (5) Thence south 67 degrees, 18 minutes, 31 seconds east 
     along that southerly line 245.50 feet.
       (6) Thence north 14 degrees, 35 minutes, 13 seconds east 
     145.38 feet.
       (7) Thence north 10 degrees, 57 minutes, 15 seconds east 
     326.87 feet.
       (8) Thence north 17 degrees, 52 minutes, 44 seconds west 
     56.20 feet.
       (9) Thence north 52 degrees, 7 minutes, 32 seconds west 
     78.69 feet.
       (10) Thence north 69 degrees, 26 minutes, 35 seconds west 
     58.97 feet.
       (11) Thence north 90 degrees, 00 minutes, 00 seconds west 
     259.02 feet to the east line of South Ashland Avenue.
       (12) Thence south 1 degree, 32 minutes, 31 seconds east 
     along that east line 322.46 feet.
       (13) Thence south 00 degrees, 14 minutes, 35 seconds east 
     along that east line 11.56 feet to the point of beginnings.

     SEC. 6007. BREVOORT, INDIANA.

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

     SEC. 6008. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

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

     SEC. 6009. LAKE GEORGE, HOBART, INDIANA.

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

     SEC. 6010. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.

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

     SEC. 6011. MUSCATINE HARBOR, IOWA.

       The project for navigation at the Muscatine Harbor on the 
     Mississippi River at Muscatine, Iowa, authorized by section 
     101 of the River and Harbor Act of 1950 (64 Stat. 166), is 
     not authorized.

     SEC. 6012. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL 
                   AREA, KENTUCKY AND TENNESSEE.

       The project for recreation facilities at Big South Fork 
     National River and Recreational Area, Kentucky and Tennessee, 
     authorized by section 108 of the Water Resources Development 
     Act of 1974 (88 Stat. 43), is not authorized.

     SEC. 6013. EAGLE CREEK LAKE, KENTUCKY.

       The project for flood control and water supply, Eagle Creek 
     Lake, Kentucky, authorized by section 203 of the Flood 
     Control Act of 1962 (76 Stat. 1188), is not authorized.

     SEC. 6014. HAZARD, KENTUCKY.

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

     SEC. 6015. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

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

     SEC. 6016. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

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

     SEC. 6017. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.

       The uncompleted portions of the project for navigation 
     improvement for Bayou LaFourche and LaFourche Jump, 
     Louisiana, authorized by the Act of August 30, 1935 (49 Stat. 
     1033, chapter 831), and the River and Harbor Act of 1960 (74 
     Stat. 481), are not authorized.

     SEC. 6018. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES 
                   PARISHES, LOUISIANA.

       The project for flood control, Eastern Rapides and South-
     Central Avoyelles Parishes, Louisiana, authorized by section 
     201 of the Flood Control Act of 1970 (84 Stat. 1825), is not 
     authorized.

     SEC. 6019. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.

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

     SEC. 6020. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF 
                   MENTEUR, LOUISIANA.

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

     SEC. 6021. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO 
                   DAINGERFIELD, TEXAS.

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

     SEC. 6022. CASCO BAY, PORTLAND, MAINE.

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

     SEC. 6023. NORTHEAST HARBOR, MAINE.

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

     SEC. 6024. PENOBSCOT RIVER, BANGOR, MAINE.

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

     SEC. 6025. SAINT JOHN RIVER BASIN, MAINE.

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

     SEC. 6026. TENANTS HARBOR, MAINE.

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

     SEC. 6027. 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, 
     is not authorized.

     SEC. 6028. 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, is not authorized.

     SEC. 6029. 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

[[Page 12054]]

     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.

     SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN.

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

     SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI.

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

     SEC. 6032. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION 
                   CONTROL, NEBRASKA.

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

     SEC. 6033. EPPING, NEW HAMPSHIRE.

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

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

       The project for navigation, New York Harbor and adjacent 
     channels, Claremont Terminal, Jersey City, New Jersey, 
     authorized by section 202(b) of the Water Resources 
     Development Act of 1986 (100 Stat. 4098), is not authorized.

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

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

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

       The project for navigation, Olcott Harbor, Lake Ontario, 
     New York, authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4143), is not authorized.

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

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

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

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

     SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

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

     SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

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

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

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

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

       The project for the Columbia River, Seafarers Memorial, 
     Hammond, Oregon, authorized by title I of the Energy and 
     Water Development Appropriations Act, 1991 (104 Stat. 2078), 
     is not authorized.

     SEC. 6043. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

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

     SEC. 6044. TAMAQUA, PENNSYLVANIA.

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

     SEC. 6045. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE 
                   ISLAND.

       The project for navigation, Narragansett Town Beach, 
     Narragansett, Rhode Island, authorized by section 361 of the 
     Water Resources Development Act of 1992 (106 Stat. 4861), is 
     not authorized.

     SEC. 6046. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

       The project for bulkhead repairs, Quonset Point-Davisville, 
     Rhode Island, authorized by section 571 of the Water 
     Resources Development Act of 1996 (110 Stat. 3788), is not 
     authorized.

     SEC. 6047. ARROYO COLORADO, TEXAS.

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

     SEC. 6048. CYPRESS CREEK-STRUCTURAL, TEXAS.

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

     SEC. 6049. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST 
                   FORK OF THE TRINITY RIVER, TEXAS.

       The project for flood damage reduction, East Fork Channel 
     Improvement, Increment 2, East Fork of the Trinity River, 
     Texas, authorized by section 203 of the Flood Control Act of 
     1962 (76 Stat. 1185), is not authorized.

     SEC. 6050. FALFURRIAS, TEXAS.

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

     SEC. 6051. PECAN BAYOU LAKE, TEXAS.

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

     SEC. 6052. LAKE OF THE PINES, TEXAS.

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

     SEC. 6053. TENNESSEE COLONY LAKE, TEXAS.

       The project for navigation, Tennessee Colony Lake, Trinity 
     River, Texas, authorized by section 204 of the River and 
     Harbor Act of 1965 (79 Stat. 1091), is not authorized.

     SEC. 6054. CITY WATERWAY, TACOMA, WASHINGTON.

       The portion of the project for navigation, City Waterway, 
     Tacoma, Washington, authorized by the first section of the 
     Act of June 13, 1902 (32 Stat. 347), consisting of the last 
     1,000 linear feet of the inner portion of the Waterway 
     beginning at Station 70+00 and ending at Station 80+00, is 
     not authorized.

     SEC. 6055. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

       The project for bank erosion, Kanawha River, Charleston, 
     West Virginia, authorized by section 603(f)(13) of the Water 
     Resources Development Act of 1986 (100 Stat. 4153), is not 
     authorized.
                                 ______
                                 
  SA 1066. Mr. CRAIG submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       Strike section 3043 and insert the following:

     SEC. 3043. LITTLE WOOD RIVER, GOODING, IDAHO.

       (a) Definition of Project.--In this section, the term 
     ``project'' means the project for flood control, Little Wood 
     River, Gooding, Idaho, as constructed under the emergency 
     conservation work program established under the Act of March 
     31, 1933 (16 U.S.C. 585 et seq.).
       (b) Modification of Project.--The project is modified--
       (1) to direct the Secretary to rehabilitate the Gooding 
     Channel Project for the purposes of flood control and 
     ecosystem restoration, if the Secretary determines that the 
     rehabilitation and ecosystem restoration is feasible;
       (2) to authorize and direct the Secretary to plan, design, 
     and construct the project at a total cost of $9,000,000; and
       (3) to authorize the non-Federal interest to provide any 
     portion of the non-Federal share of the cost of the project 
     in the form of services, materials, supplies, or other in-
     kind contributions.
       (c) Cost Sharing.--
       (1) In general.--Costs for reconstruction of the project, 
     as modified under subsection (b), shall be shared by the 
     Secretary and the non-Federal interest in the same 
     percentages as the costs of construction of the original 
     project were shared.
       (2) Operation, maintenance, and repair costs.--The costs of 
     operation, maintenance, repair, and rehabilitation of the 
     project, as modified under subsection (b), shall be a non-
     Federal responsibility.
       (d) Economic Justification.--Reconstruction efforts and 
     activities relating to the project, as modified under 
     subsection (b), shall not require economic justification.
                                 ______
                                 
  SA 1067. Mr. KERRY (for himself, Mr. Feingold, Ms. Collins, Mr. 
Sanders, Mr. Carper, and Mr. Biden) submitted an amendment intended to 
be proposed by him to 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; which was ordered to lie on the table; as follows:


[[Page 12055]]

       At the appropriate place in title II, insert the following:

     SEC. 2___. GLOBAL CLIMATE CHANGE.

       (a) Planning Considerations.--To account for the potential 
     long- and short-term effects of global climate change, the 
     Secretary shall ensure that each water resources project 
     planned and carried out by the Corps of Engineers--
       (1) takes into consideration, and accounts for, the impacts 
     of global climate change on flood, storm, and drought risks 
     in the United States;
       (2) takes into consideration, and accounts for, potential 
     future impacts of global climate change-related weather 
     events, such as increased hurricane activity, intensity, 
     storm surge, sea level rise, and associated flooding;
       (3) uses the best-available climate science in assessing 
     flood and storm risks;
       (4) employs, to the maximum extent practicable, 
     nonstructural approaches and design modifications to avoid or 
     prevent impacts to streams, wetlands, and floodplains that--
       (A) provide natural flood and storm buffers;
       (B) improve water quality;
       (C) serve as recharge areas for aquifers;
       (D) reduce floods and erosion; and
       (E) provide valuable plant, fish, and wildlife habitat;
       (5) in projecting the benefits and costs of any water 
     resources project that requires a benefit-cost analysis, 
     quantifies and, to the maximum extent practicable, accounts 
     for--
       (A) the costs associated with damage or loss to wetlands, 
     floodplains, and other natural systems (including the 
     habitat, water quality, flood protection, and recreational 
     values associated with the systems); and
       (B) the benefits associated with protection of those 
     systems; and
       (6) takes into consideration, as applicable, the impacts of 
     global climate change on emergency preparedness projects for 
     ports.
       (b) Additional Considerations for Flood Damage Reduction 
     Projects.--For purposes of planning and implementing flood 
     damage reduction projects in accordance with this section and 
     section 73 of the Water Resources Development Act of 1974 (33 
     U.S.C. 701b-11), the term ``nonstructural approaches and 
     design modifications'' includes measures to manage flooding 
     through--
       (1) wetland, stream, and river restoration;
       (2) avoiding development or increased development in 
     frequently-flooded areas;
       (3) adopting flood-tolerant land uses in frequently-flooded 
     areas; or
       (4) acquiring from willing sellers floodplain land for use 
     for--
       (A) flood protection uses;
       (B) recreational uses;
       (C) fish and wildlife uses; or
       (D) other public benefits.
                                 ______
                                 
  SA 1068. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle A of title II, insert 
     the following:

     SEC. 2___. TREATMENT OF CERTAIN FUNCTIONS AS INHERENTLY 
                   GOVERNMENTAL.

       (a) Definition of Operation and Maintenance.--In this 
     section, the term ``operation and maintenance'', with respect 
     to a lock or lock and dam facility, includes--
       (1) any activity associated with the operation, 
     maintenance, or repair of--
       (A) a lock or lock and dam facility;
       (B) an area adjacent to a lock or lock and dam facility; 
     and
       (C) any facility or equipment associated with a lock or 
     lock and dam facility, including--
       (i) embankments;
       (ii) floodgates;
       (iii) spillways;
       (iv) outlet works;
       (v) levees;
       (vi) pumping structures; and
       (vii) moveable bridge spans over navigable waterways 
     necessary for the transit of vessels;
       (2) any activity relating to--
       (A) the opening and closing of a lock gate to permit the 
     transit of vessels; or
       (B) the provision of directions to a vessel pilot 
     transiting a lock;
       (3) any activity relating to the release of water from a 
     lock and dam facility, such as the operation of spillway gate 
     or other outlet works, for flood control or maintenance of a 
     navigation pool;
       (4) any activity relating to enforcement of laws (including 
     regulations) onsite at a lock or lock and dam facility; and
       (5) contract management and oversight.
       (b) Treatment of Functions.--
       (1) In general.--For purposes of section 2(a) of the 
     Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 
     501 note; 112 Stat. 2382)--
       (A) each water and navigational resource project and 
     facility, including the operation and maintenance of a lock 
     or lock and dam facility, shall be considered to be national 
     critical infrastructure; and
       (B) the operation and maintenance of a lock or lock and dam 
     facility shall be considered to be an inherently governmental 
     function that requires performance by a Federal employee.
       (2) Effect of transfer.--The transfer to another department 
     or agency of any function described in paragraph (1) shall 
     not affect the applicability of paragraph (1), including the 
     requirement of that paragraph of performance by a Federal 
     employee.
       (c) No Effect on Contracts.--
       (1) In general.--Notwithstanding subsection (b), the Corps 
     of Engineers may--
       (A) continue in effect any contract for performance by an 
     entity in the private sector of any function relating to the 
     operation and maintenance of a lock or lock and dam facility, 
     if the contract was in effect on May 1, 2007; and
       (B) offer to enter into any contract with an entity in the 
     private sector after the date of enactment of this Act to 
     construct a new lock or lock and dam facility.
       (2) Effect of subsection.--Nothing in this subsection 
     prevents the Corps of Engineers from carrying out a function 
     that is carried out by an entity in the private sector 
     pursuant to a contract described in paragraph (1)(A) on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 1069. Mr. GRAHAM (for himself, Mr. Isakson, and Mr. Chambliss) 
submitted an amendment intended to be proposed by him to 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5___. PROJECTS FOR IMPROVEMENT, SAVANNAH RIVER, SOUTH 
                   CAROLINA AND GEORGIA.

       (a) In General.--The Secretary shall determine the 
     feasibility of carrying out projects--
       (1) to improve the Savannah River for navigation and 
     related purposes that may be necessary to support the 
     location of container cargo and other port facilities to be 
     located in Jasper County, South Carolina, in the vicinity of 
     Mile 6 of the Savannah Harbor entrance channel; and
       (2) to remove from the proposed Jasper County port site the 
     easements used by the Corps of Engineers for placement of 
     dredged fill materials for the Savannah Harbor Federal 
     navigation project.
       (b) Factors for Consideration.--In making a determination 
     under subsection (a), the Secretary shall take into 
     consideration--
       (1) landside infrastructure;
       (2) the provision of any additional dredged material 
     disposal area as a consequence of removing from the proposed 
     Jasper County port site the easements used by the Corps of 
     Engineers for placement of dredged fill materials for the 
     Savannah Harbor Federal navigation project; and
       (3) the results of the proposed bistate compact between the 
     State of Georgia and the State of South Carolina to own, 
     develop, and operate port facilities at the proposed Jasper 
     County port site, as described in the term sheet executed by 
     the Governor of the State of Georgia and the Governor of the 
     State of South Carolina on March 12, 2007.
                                 ______
                                 
  SA 1070. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       Strike paragraph (1) of section 5010(a) (relating to the 
     Susquehanna, Delaware, and Potomac River Basins, Delaware, 
     Maryland, Pennsylvania, and Virginia) and insert the 
     following:
       (1) shall be--
       (A) the ex officio United States member under the 
     Susquehanna River Basin Compact and the Delaware River Basin 
     Compact; and
       (B) 1 of the 3 members appointed by the President under the 
     Potomac River Basin Compact;
                                 ______
                                 
  SA 1071. Mr. CARDIN (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to 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;

[[Page 12056]]

which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5___. SITING, CONSTRUCTION, EXPANSION, AND OPERATION OF 
                   LNG TERMINALS.

       Section 10 of the Act of March 3, 1899 (33 U.S.C. 403), is 
     amended--
       (1) by striking the section heading and designation and all 
     that follows through ``creation'' and inserting the 
     following:

     ``SEC. 10. OBSTRUCTION OF NAVIGABLE WATERS; WHARVES AND 
                   PIERS; EXCAVATIONS AND FILLING IN.

       ``(a) In General.--The creation''; and
       (2) by adding at the end the following:
       ``(b) Siting, Construction, Expansion, and Operation of LNG 
     Terminals.--The Secretary shall not approve or disapprove an 
     application for the siting, construction, expansion, or 
     operation of a liquefied natural gas terminal pursuant to 
     this section without the express concurrence of each State 
     affected by the application.''.
                                 ______
                                 
  SA 1072. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       In paragraph (1) of section 5010(e) (relating to the 
     Susquehanna, Delaware, and Potomac River Basins, Delaware, 
     Maryland, Pennsylvania, and Virginia), strike ``Potomac River 
     Basin Commission'' and insert ``Interstate Commission on the 
     Potomac River Basin''.
                                 ______
                                 
  SA 1073. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       In section 5011(a) (relating to the Anacostia River, 
     District of Columbia and Maryland), strike ``1 year'' and 
     insert ``2 years''.
                                 ______
                                 
  SA 1074. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 57, between lines 23 and 24, insert the following:
       (4) Credit.--The Secretary shall credit to the non-Federal 
     share of the cost of the project under this subsection any 
     amount otherwise eligible to be credited under section 221 of 
     the Flood Control Act of 970 (42 U.S.C. 1962d-5b) (as amended 
     by section 2001).
                                 ______
                                 
  SA 1075. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK, 
                   LOUISIANA.

       The project for navigation, Atchafalaya River, Bayous 
     Chene, Boeuf, and Black, Louisiana, authorized by section 101 
     of the River and Harbor Act of 1968 (82 Stat. 731), is 
     modified to authorize the Secretary to deepen a section of 
     not more than 1,000 feet of the area on the Gulf Intracoastal 
     Waterway located west of the Bayou Boeuf Lock and east of the 
     intersection of the Atchafalaya River at a cost of not more 
     than $200,000 during the 10-year period beginning on the date 
     of enactment of this Act to provide for ingress and egress to 
     the Port of Morgan City, at a depth of not more than 20 feet.
                                 ______
                                 
  SA 1076. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 43, strike lines 7 through 22 and insert the 
     following:
       (1) In general.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress a report documenting any 
     modifications to the features included in table 3 of the 
     report referred to in subsection (a) due to the impact of 
     Hurricanes Katrina and Rita on the project areas.
       (2) Projects identified in reports.--
       (A) Construction.--The Secretary is authorized to construct 
     the features identified in the report under paragraph (1) 
     substantially in accordance with the descriptions included in 
     the report referred to in subsection (a) if the Secretary 
     determines, pursuant to subsection (k), that the features are 
     cost-effective, environmentally acceptable, and technically 
     feasible.
                                 ______
                                 
  SA 1077. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 54, strike lines 1 through 19 and insert the 
     following:
       (A) to raise levee heights, as necessary, and otherwise 
     enhance authorized flood damage reduction projects, hurricane 
     storm damage projects, and related works in the vicinity of 
     New Orleans to provide the level of protection necessary to 
     achieve the certification required for the 100-year level of 
     flood protection, in accordance with the National Flood 
     Insurance Program under the base flood elevations in 
     existence at the time the activities are carried out;
       (B) to modify the 17th Street, Orleans Avenue, and London 
     Avenue drainage canals to increase the reliability of the 
     flood protection system for the city of New Orleans and 
     Jefferson Parish;
       (C) to armor critical elements of the New Orleans area 
     hurricane and storm damage reduction system;
       (D) to improve and otherwise modify the Inner Harbor 
     Navigation Canal to increase the reliability of the flood 
     protection system for the city of New Orleans and St. Bernard 
     Parish;
                                 ______
                                 
  SA 1078. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       Beginning on page 58, strike line 11 and all that follows 
     through page 60, line 3, and insert the following:
       (s) Mississippi River Gulf Outlet.--
       (1) Deauthorization.--
       (A) In general.--Effective beginning on the date of 
     submission of the plan required under subparagraph (C), the 
     navigation channel portion of the project for navigation, 
     Mississippi River Gulf outlet, authorized by the Act of March 
     29, 1956 (70 Stat. 65, chapter 112;100 Stat. 4177; 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.
       (B) Scope.--Nothing in this paragraph modifies or 
     deauthorizes the Inner Harbor navigation canal replacement 
     project authorized by that Act.
       (C) Closure and restoration plan.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a final report on the 
     deauthorization of the Mississippi River Gulf outlet, as 
     described under the heading ``Investigations'' under chapter 
     3 of title II of the Emergency Supplemental Appropriations 
     Act for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234; 120 Stat. 453).
       (ii) Inclusions.--At a minimum, the report under 
     subparagraph (A) shall include--

       (I) a comprehensive plan to deauthorize deep draft 
     navigation on the Mississippi River Gulf outlet;
       (II) a plan to physically modify the Mississippi River Gulf 
     outlet and restore the areas affected by the navigation 
     channel;
       (III) a plan to restore natural features of the ecosystem 
     that will reduce or prevent damage from storm surge;
       (IV) a plan to prevent the intrusion of saltwater into the 
     waterway;
       (V) efforts to integrate the recommendations of this report 
     with the program authorized under subsection (a) and the 
     analysis and design authorized by title I of the Energy and 
     Water Develop Appropriations Act, 2006 (Public Law 109-103; 
     119 Stat. 2247).

[[Page 12057]]

       (D) Construction.--The Secretary shall carry out a plan to 
     close the Mississippi River Gulf outlet and restore and 
     protect the ecosystem substantially in accordance with the 
     plan required under subparagraph (C), if the Secretary 
     determines that the project is cost-effective, 
     environmentally acceptable, and technically feasible.
                                 ______
                                 
  SA 1079. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 60, between lines 16 and 17, insert the following:
       (u) Determination of Value.--The Secretary may use a 
     valuation based on predisaster conditions in determining 
     compensation to be provided for land and interests in land--
       (1) adversely affected by Hurricane Katrina; or
       (2) acquired before the date of enactment of this Act for--
       (A) Hurricane Katrina-related rehabilitation assistance 
     provided under section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n); or
       (B) any activity authorized by the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148; 119 Stat. 2680), or any other law.
                                 ______
                                 
  SA 1080. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 48, strike lines 22 through 25 and insert the 
     following:
       (4) Working groups.--
       (A) In general.--The Task Force may establish such working 
     groups as the Task Force determines to be necessary to assist 
     the Task Force in carrying out this subsection.
       (B) Integration team.--
       (i) In general.--The Task Force shall establish, for the 
     purposes described in clause (ii), an integration team 
     comprised of--

       (I) independent experts with experience relating to--

       (aa) coastal estuaries;
       (bb) diversions;
       (cc) coastal restoration;
       (dd) wetlands protection;
       (ee) ecosystem restoration;
       (ff) hurricane protection;
       (gg) storm damage reduction systems; and
       (hh) navigation and ports; and

       (II) representatives of--

       (aa) the State of Louisiana; and
       (bb) local governments in southern Louisiana.
       (ii) Purposes.--The purposes referred to in clause (i) 
     are--

       (I) to advise the Task Force and the Secretary regarding 
     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 
     areas of Louisiana declared to be a major disaster as a 
     result of Hurricane Katrina or Rita;
       (II) to review reports relating to the performance of, and 
     recommendations relating to the future performance of, the 
     hurricane, coastal, and flood protection systems in southern 
     Louisiana, including the reports issued by the Interagency 
     Performance Evaluation Team, the National Science Foundation, 
     the American Society of Civil Engineers, and Team Louisiana 
     to advise the Task Force and the Secretary on opportunities 
     to improve the performance of the protection systems; and
       (III) to carry out such other duties as the Task Force or 
     the Secretary determine to be appropriate.

                                 ______
                                 
  SA 1081. Mr. VITTER submitted an amendment intended to be proposed by 
him to 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; which was 
ordered to lie on the table; as follows:

       On page 18, between lines 9 and 10, insert the following:
       (C) Houma navigation canal.--The Secretary shall spend not 
     more than $200,000 to maintain, pursuant to an exclusive 
     partnership agreement with the State of Louisiana, the Houma 
     Navigation Canal at dimensions consistent with the dimensions 
     of the lock as recommended in the reports referred to in 
     subparagraph (A).
                                 ______
                                 
  SA 1082. Mr. WHITEHOUSE (for Mr. Bunning) proposed an amendment to 
the concurrent resolution S. Con. Res. 29, encouraging the recognition 
of the Negro Baseball Leagues and their players on May 20th of each 
year; as follows:

       On page 3, strike the 4th whereas and insert ``Whereas 
     Minnie Minoso, the ``Cuban Comet,'' played on the New York 
     Cubans when they won the Negro League World Series, broke the 
     color barrier on the Chicago White Sox when he joined the 
     team in 1951, and was the first black Latino to play in the 
     Major Leagues;
       On page 3, in the 5th whereas strike ``but'' and all that 
     follows to the end of the whereas and insert ``;''

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