S.Amdt. 1070

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.
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.

[[Page S5952]]

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.
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.

[[Page S5953]]

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.
(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

[[Page S5954]]

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 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.

[[Page S5955]]

(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;
(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

[[Page S5956]]

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
(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;

[[Page S5957]]

(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.
(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

[[Page S5958]]

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.
(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

[[Page S5959]]

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 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

[[Page S5960]]

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

SEC. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.

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

[[Page S5961]]

(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;
(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

[[Page S5962]]

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 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.

[[Page S5963]]

``(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.
``(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

[[Page S5964]]

publicly owned property'', approved August 13, 1946 (33
U.S.C. 426g), is amended to read as follows:

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

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

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

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

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

[[Page S5965]]

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);
(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--

[[Page S5966]]

(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 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

[[Page S5967]]

conducting required operation and maintenance in accordance
with established levee maintenance standards.
(4) Levee.--The term ``levee'' means an embankment
(including a floodwall) that--
(A) is designed, constructed, or operated for the purpose
of flood or storm damage reduction;
(B) reduces the risk of loss of human life or risk to the
public safety; and
(C) is not otherwise defined as a dam by the Federal
Guidelines for Dam Safety.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(7) State levee safety agency.--The term ``State levee
safety agency'' means the State agency that has regulatory
authority over the safety of any non-Federal levee in a
State.
(8) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.

SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

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

[[Page S5968]]

(3) Prioritization.--In determining the order in which to
assess levees under paragraph (1), the Secretary shall give
priority to levees the failure or overtopping of which would
constitute the highest risk of loss of human life or a risk
to the public safety, as determined by the Secretary.
(4) Determination.--In assessing levees under paragraph
(1), the Secretary shall take into consideration the
potential of a levee to fail or overtop because of--
(A) hydrologic or hydraulic conditions;
(B) storm surges;
(C) geotechnical conditions;
(D) inadequate operating procedures;
(E) structural, mechanical, or design deficiencies; or
(F) other conditions that exist or may occur in the
vicinity of the levee.
(5) State participation.--On request of a State levee
safety agency, with respect to any levee the failure of which
would affect the State, the Secretary shall--
(A) provide information to the State levee safety agency
relating to the construction, operation, and maintenance of
the levee; and
(B) allow an official of the State levee safety agency to
participate in the assessment of the levee.
(6) Report.--As soon as practicable after the date on which
a levee is assessed under this section, the Secretary shall
provide to the Governor of the State in which the levee is
located a notice describing the results of the assessment,
including--
(A) a description of the results of the assessment under
this subsection;
(B) a description of any hazardous condition discovered
during the assessment; and
(C) on request of the Governor, information relating to any
remedial measure necessary to mitigate or avoid any hazardous
condition discovered during the assessment.
(7) Subsequent assessments.--
(A) In general.--After the date on which a levee is
initially assessed under this subsection, the Secretary shall
conduct a subsequent assessment of the levee not less
frequently than once every 5 years.
(B) State assessment of non-federal levees.--
(i) In general.--Each State shall conduct assessments of
non-Federal levees located within the State in accordance
with the applicable State levee safety program.
(ii) Availability of information.--Each State shall make
the results of the assessments under clause (i) available for
inclusion in the national inventory under subsection (f).
(iii) Non-federal levees.--

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

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

[[Page S5969]]

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 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.

[[Page S5970]]

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. 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

[[Page S5971]]

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.
(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 2406'55" E.
395.00 feet to a point N. 103,805.32, E. 417,824.10, thence
running south 0038'06" E. 87.84 feet to a point N.
103,717.49, E. 417,825.07, thence running north 2406'55" W.
480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence
running north 7305'25" 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 3307'30" E. 133.40 feet
to a point N. 103,743.76, E. 417,922.89, thence running south
2407'04" E. 127.75 feet to a point N. 103,627.16, E.
417,975.09, thence running north 3307'30" W. 190.00 feet to
a point N. 103,786.28, E. 417,871.26, thence running north
1705'15" 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. 1705'15" east 118.09 feet to a
point N. 103,855.48, E. 417,849.99, thence running N.
3307'30" west 36.76 feet to a point N. 103,886.27, E.
417,829.90, thence running N. 1005'26" 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:

[[Page S5972]]

``(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 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:

[[Page S5973]]

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

SEC. 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.

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

[[Page S5974]]

(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, 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.

[[Page S5975]]

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 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

[[Page S5976]]

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.
(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

[[Page S5977]]

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
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

[[Page S5978]]

(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 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

[[Page S5979]]

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.
(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

[[Page S5980]]

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 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

[[Page S5981]]

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--
(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'';

[[Page S5982]]

(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;
(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.

[[Page S5983]]

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 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.

[[Page S5984]]

(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;
(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.

[[Page S5985]]

(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.
(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

[[Page S5986]]

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 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:

[[Page S5987]]

``(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:
``(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.

[[Page S5988]]

``(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.
``(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.

[[Page S5989]]

``(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 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

[[Page S5990]]

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;
(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

[[Page S5991]]

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.
(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.

[[Page S5992]]

(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''.

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.

[[Page S5993]]

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:
``(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--

[[Page S5994]]

(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 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

[[Page S5995]]

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. 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,

[[Page S5996]]

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 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,

[[Page S5997]]

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:

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

[[Page S5998]]

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___. 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 S5999]]

(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 ``;''

____________________